BCC Minutes 04/11/2017 RApril 11, 2017
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida,
April 11, 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 Clerk’s 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
April 11, 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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April 11,2017
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Pastor Michael Bannon of Crossroads Community Church of
Naples.
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent and summary
agenda.)
B. March 14, 2017 - BCC/Regular Meeting Minutes
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April 11, 2017
3. SERVICE AWARDS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
4. PROCLAMATIONS
A. Proclamation honoring the work of the Cancer Alliance of Naples and its
fundraiser YogaCAN. To be accepted by Jodi Bisogno, Director of the
Cancer Alliance of Naples and Dr. Joel Waltzer, co-founder of YogaCAN.
B. Proclamation designating April 9-15, 2017 as National Public Safety
Telecommunicators Week in Collier County, in recognition of the Collier
County Sheriffs Office team of 56 dedicated public safety
telecommunicators who provide a vital link between the public and first
responders. To be accepted by Sheriff Kevin Rambosk, Chief Greg Smith,
Director Chris Gonzalez, Manager Nick McFadden, 911 dispatchers and
staff.
C. Proclamation honoring the responders to the Lee Williams Road wildfire for
their excellence in extinguishing the fire with minimal loss to property and
no loss of life To be accepted by members of the unified operations charged
with fighting the Lee Williams Road wildfire.
D. Proclamation designating April 22-29 as Pickleball Week in Collier County,
as we host the second Minto US OPEN Pickleball Championships event at
East Naples Community Park. To be accepted by Terri Graham, Chris Evon,
Jim Ludwig and Carol Caefer.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for April 2017 to
Pickleball for All. To be accepted by Jim Ludwig, Executive
Director/Founder Pickleball for All; Carol Caefer, Assistant Director/Co-
Founder, Pickleball for All; Susan Kuhar, Account Executive, Greater
Naples Chamber of Commerce; and Bethany Sawyer, Membership
Engagement Specialist, Greater Naples Chamber of Commerce.
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April 11, 2017
B. Recommendation to recognize William Lang, Planner, Floodplain
Management,as the March 2017 Employee of the Month.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to approve the single petition within the 2015 Cycle 3
of Growth Management Plan Amendments for transmittal to the Florida
Department of Economic Opportunity for review and Comments response,
for an amendment specific to the Vanderbilt Beach/Collier Boulevard
Commercial Subdistrict on the north side of Vanderbilt Beach Road
approximately one-quarter mile west of Collier Boulevard. (Transmittal
Hearing) (CP-2015-2/ PL20150002167)
B. This item has been continued from the March 28, 2017, BCC Meeting.
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 specifically amending the following: 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; 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 Item 16.A.8).
C. This item has been continued from the March 14, 2017 BCC Meeting.
Recommendation to adopt an ordinance that would institute term limits on
Commissioners whereby an individual shall not be eligible for election as a
Commissioner for more than three consecutive four-year terms.
10. BOARD OF COUNTY COMMISSIONER
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April 11, 2017
A. This item to be heard at 1:00 p.m. Recommendation to provide a
presentation by Drs. Michael Savarese, Professor of Marine Science, Florida
Gulf Coast University (FGCU), and Peter Sheng, Professor of Coastal &
Environmental Engineering, University of Florida (UF) on an Interactive
Decision-support Tool for Adaptation of Coastal Urban and Natural
Ecosystems in Southwest Florida, which is pending a grant award by the
National Oceanic and Atmospheric Administration (NOAA) and a
complementary presentation by Mr. John Sorey, Chairman Collier County
Coastal Advisory Committee (CAC) on the efforts to begin the development
of a long range beach/coastal resiliency plan. (Commissioner Taylor)
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve a resolution adopting the Property Assessment
Clean Energy (PACE) program within the unincorporated areas of Collier
County for residential and commercial properties and approve a standard
form membership agreement with PACE providers. (James French, Deputy
Department Head, & Gino Santabarbara, Principal Planner, Capital Project
Planning, Impact Fees & Program Management Division)
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard immediately following Item #5B. Recommendation
to appoint a member to the Tourist Development Council.
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive
Annual Financial Report for the fiscal year ended September 30, 2016 and
authorization to file the related State of Florida Annual Local Government
Financial Report with the Department of Financial Services.
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation for the Community Redevelopment Agency (CRA)
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Board to review and authorize County staff to market the sale and
solicit a development concept plan, through a Request for Proposal
process, of CRA-owned property identified as 4265 Bayshore Drive
(Folio #61840960006, 61840960103, and 61840840003) and 4315
Bayshore Drive (Folio #53401680005) in accordance with Florida
Statute 163.380 as outlined in the Collier County Community
Redevelopment Plan, and bring back any offers to the Board.
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.
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$78,620 which was posted as a
guaranty for Excavation Permit Number 59.902-27 PL20160000294
for work associated with Coquina at Maple Ridge Phases 2 and 3.
For a development within the Ave Maria community
2) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$49,040 which was posted as a
guaranty for Excavation Permit Number 60.133 PL20150002693.
For excavation work on property off of Airport Pulling Road
3) Recommendation to approve an Easement Use Agreement
(Agreement) for Lot 7 Nature Pointe, according to the plat thereof as
recorded at Plat Book 20, Pages 20 through 22 of the public records of
Collier County.
The Homeowner's Association has provided a letter of no
objection to the encroachment that involves an existing paver
deck and pool on the property that encroaches 14.8 feet into a
25-foot Drainage Easement
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4) 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 Oyster Harbor at Fiddler's
Creek Phase 3, (Application Number PL20160003066) approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
Within the Marco Shores/Fiddler's Creek DRI
5) Recommendation to approve and authorize the Chairman to sign the
Utility Facilities Quit-Claim Deed and Bill of Sale between Collier
County, as Ex-Officio Governing Board of the Collier County Water-
Sewer District, and Lennar Homes, LLC, in order to reconvey to
Lennar Homes, LLC, all sewer utility facilities associated within the
development project at Giaveno, PL20140001923, which were
previously erroneously conveyed to the County.
Development Review determined the sewer utility facilities should
not have been conveyed to the County because the facilities were
meant to remain privately owned
6) Recommendation to award Invitation to Bid #16-7038R "Aquatic
Vegetation Control Services" to Mettauer Environmental, Inc. as the
primary vendor, and A+ Environmental, LLC as secondary vendor.
Annual expenditures for this service is approximately $250,000
but may vary based on demand and budget availability
7) Recommendation to approve Amendment 1 to Agreement #16-6610,
"Annual Contract for Landscape Maintenance" incorporating
language that individual quotes exceeding $250,000 shall be approved
by the Board of County Commissioners, and retroactively approve
issued purchase orders, quotes, and invoices exceeding $50,000.
Staff requests the Board retroactively approve purchase orders,
quotes, and invoices exceeding $50,000 but not exceeding $250,000
with Ground Zero Landscaping Services, PO 4500174682 for
$129,324; Hannula Landscaping & Irrigation Services, PO
4500175095 for $225,520; and PO 4500175096 for $221,298
8) 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
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Development, by amending Chapter Four, Administrative Procedures,
more specifically to add section M, Stormwater Plan; amending
Chapter Eight, Public Notice, more specifically to amend section F,
Stakeholder Outreach Meeting for Golf Course Conversion (SOM);
and providing an effective date. (This is a companion to Item #9.B.)
Resolution 2017-68
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Community Redevelopment Agency (CRA)
approve an After-The-Fact U.S. Department of Housing and Urban
Development (HUD) Community Development Block Grant
application submittal to fund the Phase 2 Fire Suppression System
Upgrade and the Sugden Regional Park Pathway Project within the
Bayshore Gateway Triangle Community Redevelopment Area
(BGTCRA) totaling $650,000.
The request for FY2017-2018 CDBG funds is $500,000 and will
focus on upgrading water lines and the addition of fire hydrants
on the Coco Avenue, Areca Avenue, Canal Street, Basin Street
and Captain's Cove
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award Invitation to Bid #17-7042, "Pump Station
Material Removal and Disposal," to EnviroWaste Services Group,
Inc.
Annual expenditures for pump station material removal and
disposal is approximately $113,200 depending on need
2) Recommendation to correct a scrivener's error by removing the
inclusion of the allowance amount within the "Site 1(A) Base Bid"
referenced in the executive summary on the awarded bid number 16-
6688, "Northeast Recycling Drop-off Center," Project Number 59009,
to Wright Construction Group, with no change to the total award
amount.
To correct a December 13, 2016 scrivener's error in the executive
summary
3) Recommendation to award Bid #17-7089, "Barron Collier High
School Water System Improvements - Phase 2," to Kyle Construction,
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Inc., in the amount of$828,009, Project Number 70125; and authorize
the necessary budget amendment.
To replace a 40-year old portion of the water distribution system
that serves Barron Collier High School
4) Recommendation to award Bid #17-7091 "Countywide Chemicals,"
for the purchase of various chemicals required for potable water,
wastewater, and irrigation quality water treatment by the Water and
Wastewater Divisions and authorize the Chair to execute the attached
agreement.
As detailed in the Executive Summary
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve the Second Amendment to State
Housing Initiatives Partnership (SHIP) Program Subrecipient
Agreement with Community Assisted and Supported Living, Inc.
Amendment No. 2 to the agreement between Collier County and
Community Assisted and Supported Living d/b/a Renaissance
Manor, Inc. to increase SHIP funding by $121,000, that allows
existing eligible clients to complete home rehabilitation, update
associated expenditure time of performance dates and revise
language when requesting time extensions to clarify it must be
provided within 90 days after the Notice to Proceed is issued
2) Recommendation to award Invitation to Bid #17-7088 to Bonness,
Inc., for the pavement and drainage repairs at Cocohatchee Park, in
the amount of$324,633.29 and authorize the Chairman to execute the
contract and the necessary budget amendment
To repair paving and poor drainage and complete the
Cocohatchee Park paving transition, adjacent to the parking lot
addition, per requirements in Ordinance 2005-15 related to the
development of Aqua II at Pelican Isles
3) Recommendation to increase the Land Acquisition Advisory
Committee (LAAC) membership from seven (7) members back to
nine (9) members following the Board of County Commissioners
activation of a land acquisition phase for the Conservation Collier
Program.
If approved, the public will be notified two seats on the LAAC are
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available and those recommended for appointment will be
presented to the Board at a future meeting
4) Recommendation to approve a donation of$45,038.20 to the
Conservation Collier Program as offsite preservation for East Naples
Self Storage (CU-PL20160001380) to satisfy the native vegetation
retention requirement.
The donor, 1080 Central LLC, requests a Conditional Use to
allow a motor freight transportation and warehousing use within
a C-4 zoning district for property located within the urban area
5) Recommendation to amend the Board's State/Federal Subordination
Loan Policy to expand the parameters for subordination requests to
aid in continued home affordability.
As detailed in the Executive Summary
6) Recommendation to approve the First Amendment to the Subrecipient
Agreement with Catholic Charities Diocese of Venice, Inc. d/b/a
Catholic Charities of Collier County and a Second Amendment to the
Subrecipient Agreement with Naples Equestrian Challenge, Inc. to
expand U.S. Department of Housing and Urban Development (HUD)
funding years and clarify outcome goals. This item has no new fiscal
impact.
The agreement established funding for renovation activities at the
Judy Sullivan Family Resource Center in Naples
7) Recommendation to approve an Agreement to Purchase Vended
Meals from Another State-Approved Program Sponsor with the
District School Board of Collier County (School Board) to sponsor
and operate the 2017 Summer Food Service Program at designated
recreation camps with unitized meals provided by the School Board,
and authorize all necessary budget amendments. (Total anticipated
fiscal impact $134,878.02 with a Federal Share of$104,878.02 and a
local match of$29,150)
To provide nutritional breakfasts and lunches during the summer
for children unable to get to the sites offered by the School Board
8) Recommendation to award RFP #17-7062 Parks and Recreation
Division Master Plan to Tindale Oliver Design Group, LLC, in the
amount of$74,830 and authorize the Chair to execute the contract.
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To optimize existing Parks and Rec resources and assets, as well
as planning future Parks and Rec land acquisition and facility
development
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to adopt a resolution authorizing the cancellation of
2017 taxes upon a fee-simple interest in land Collier County acquired
by Warranty Deed for Conservation Collier and without monetary
compensation (on behalf of Public Services Department).
Resolution 2017-69
2) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other items
as identified.
The total for 11 changes to contracts was $19,292.66 and number
of days added was 642
3) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of items available for surplus.
For the period March through March 23, 2017
4) Recommendation to approve a Second Agreement with Florida Gulf
Coast University (as provided through its affiliate, the Florida Institute
of Government) to provide on-site, instructor-led training programs to
County employees.
The impact of this County-wide program coordinated through
Human Resources will not exceed $59,600 for FY 2017
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve agreements between Collier County and
Florida Specialties LLC, providing for the termination of the Advance
Broadband Infrastructure Investment Program and Job Creation
Investment Program Agreements, which are being requested to
facilitate the closing of the sale of the business.
2) Recommendation to provide after-the-fact-approval for the submittal
of the U.S. Department of Agriculture Local Food Promotion Program
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planning grant application in the amount of a $100,000 for the
Immokalee Culinary Arts & Production Campus. (Total anticipated
fiscal impact $125,087.52 with a Federal Share of$100,000 and local
match 25,087.52)
To fund a Market Analysis and Feasibility Report that provides
in-depth data related to land-use planning, economic development
and financial viability for the Immokalee Culinary Arts &
Production (I-CAP) Campus
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2016-17 Adopted Budget.
Resolution 2017-70
4) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively.
BA #17-330 for funds related to vet fees for spay/neuter services
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating April 2017 as National Fair Housing Month
in Collier County and declaring that every American has a right to live
where they choose with dignity and without fear of discrimination.
This proclamation will be sent by mail to Steve Kirk, President of
Rural Neighborhoods and Dorothy Cook, Manager, Neighborhood
Revitalization.
Adopted
2) Proclamation designating April 2017 as Aviation Appreciation Month
in Collier County, in recognition of the major role played by Collier
County's general aviation airports in tourism, business travel and
agriculture. This proclamation will be delivered to Collier County
Airport Manager Justin Lobb and staff.
Adopted
3) Proclamation designating April 21, 2017 as Try Transit Day in Collier
County, in an effort to promote public transportation as an alternative
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April 11, 2017
means of transportation. This proclamation will be delivered to Public
Transit and Neighborhood Engagement Division Director Michelle
Arnold and staff.
Adopted
4) Proclamation designating April 9-15 as National Library Week in
Collier County. This proclamation will be delivered to Collier County
Library Director Tanya Williams and staff.
Adopted
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve the use of$5,000 from the Confiscated
Trust Funds to support the Boy Scout of America, Southwest Florida
Council, Inc.
2) To provide to the Board of County Commissioners the Clerk of the
Circuit Court's Internal Audit Report 2017-4, 2016 Fleet Management
Division: 2016 Fiscal Year-End Inventory Observation.
3) To provide to the Board of County Commissioners the Clerk of the
Circuit Court's Internal Audit Report 2017-5 Unannounced Cash
Counts, issued on March 31, 2017.
4) 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 April 5, 2017.
5) 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 16 and March 29, 2017 pursuant to Florida
Statute 136.06.
6) The Clerk of the Circuit Court and Comptroller, pursuant to the
approval of the BCC at the January 10, 2017 Board meeting
negotiated with B.Q. Concrete, L.L.C. in care of Joseph D. Zaks, Esq.
and Roetzel and Andress Trust Account, regarding outstanding
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April 11, 2017
payment requests. The Clerk has now completed his audit and reached
a settlement of claims with B.Q. Concrete, L.L.C. in the amount of
$140,694.29.
K. COUNTY ATTORNEY
1) Recommendation to approve the hiring of Tara Miller Dane, Esq., for
mediation services relating to the LASIP Project No. 51101, Wing
South portion, and the eminent domain case styled Collier County v.
Lori R. Lear, et al., Case No. 15-CA-1599, now pending in the
Twentieth Judicial Circuit Court for Collier County, Florida, and
authorize the County Attorney to retain Ms. Miller Dane for future
mediations in eminent domain litigation. (Fiscal Impact: $5,000)
2) Recommendation to appoint one member to the
Historic/Archaeological Preservation Board.
Resolution 2017-71: Appointing Elaine L. Reed
(history category) to the HAPB to fill the remainder of a vacant
term expiring October 1, 2018
3) Recommendation to approve a settlement in the amount of$28,257
for the taking of Parcel 241 DAME required for the Lely Area
Stormwater Improvement Project, Project No. 51101, (Crews Road,
Cope Lane and Sandy Lane/Wing South Interconnect), in the pending
case styled Collier County v. Dan A. Eby, et al., Case No. 14-CA-
2374. (Fiscal Impact: $18,527)
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.
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April 11, 2017
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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April 11, 2017
April 11, 2017
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MR. OCHS: Madam Chairman, you have a live mike. Ladies
and gentlemen, please come to order.
CHAIRMAN TAYLOR: Good morning, good morning. It's
wonderful to see the chamber so full. We have such a great day in
front of us. But before we start, I would like to stand and have the
invocation read by Pastor Michael Bannon of Crossroads Community
Church of Naples, and then we'll have the Pledge of Allegiance. And,
Commissioner Fiala, would you lead us on that?
COMMISSIONER FIALA: Sure.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
PASTOR BANNON: Pray with me, please.
Lord God, we thank you for your great goodness and grace
toward us. Thank you for this beautiful community in which we live.
We thank you for our commissioners; we thank you for their service.
Lord God, I pray as they face a long day of meetings; that you would
bless them with wisdom; that they might govern well; that they might
make good decisions that would benefit us. Lord, we pray for them
because you call us to do that, that it's good and pleasing in your sight.
And, Father, I pray that you would help us as citizens of this
county to be partners with them, our commissioners, in the betterment
of our community. Lord, give us cooperative spirits, give us keen
minds. Lord, I pray that you would bless us here with the spirit of
unity.
Father, I pray that you would work in such mighty ways that it
would be obvious to all that you are God. And so, to that end, Lord
God, we give this time and these people to you, that we might know
you as you want to be known and follow you as you want to be
April 11, 2017
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followed. Amen.
COMMISSIONER FIALA: And put your hands over your
hearts, please, and say with me...
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN TAYLOR: Thank you very much, Pastor Bannon,
and my --
COMMISSIONER FIALA: Cohort.
CHAIRMAN TAYLOR: -- dear Commissioner Fiala to my right.
Just a note, because I'm going to do it at the beginning of the
meeting, not at the end, we have the artist of the month. This beautiful
work behind us and in front of the Commission is by -- excuse me, it is
not. It is Natalie Guess. And we all know Natalie for her batik work,
but this is a new area that she's gone into, and it's quite beautiful, or at
least it's new for me.
So this is a batik, which is wax writing, and this is what she's
doing. And she always represents Florida environment, and I think
these are quite beautiful.
So thank you very much, Natalie.
All right.
MR. OCHS: Good morning, Madam Chairman and
Commissioners.
CHAIRMAN TAYLOR: Good morning.
Item #2A
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: These are the proposed agenda changes for the
April 11, 2017
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Board of County Commissioners' meeting of April 11th, 2017.
The first proposed change is to add an item to the agenda. It will
become Item 10B. This was added at Commissioner Fiala's request,
and it's a recommendation to accept a multi-way stop warrant study
and improve the installation and operation of a four-way stop control at
the intersection of St. Andrews Boulevard and Wildflower Way.
The next proposed change is to move Item 16A8 from your
growth management consent agenda to become Item 11B. This is a
companion item to Agenda Item 9B, and this is the administrative code
that implements the recommended Land Development Code changes
that you'll hear under 9B this morning, and that request was made by
Commissioner Solis.
You have three time-certain items on your agenda today,
Commissioners. The first will be heard at -- well, let me just go
through the order. Item 13A, which is the presentation of your
Comprehensive Annual Financial Report, will be heard at 10 a.m.
Item 10A, which is a presentation by Dr. Savarese and your Coastal
Advisory Council on coastal resiliency, is scheduled to be heard at 1
p.m. And then, finally, Item 12A will be heard immediately following
the final presentation item this morning, which is Item 5B.
And those are all the changes that I have today, Madam Chair.
CHAIRMAN TAYLOR: Thank you very much. So now let's go
and --
MR. OCHS: County Attorney, ma'am.
CHAIRMAN TAYLOR: County Attorney, I always -- yes.
MR. KLATZKOW: No changes, but I just do love these pictures
that we're putting up every meeting. It just lightens everything up.
CHAIRMAN TAYLOR: Good. Good. Thank you. That's our
wonderful staff that's doing that.
Crystal, no changes?
MS. KINZEL: No, ma'am, thank you.
April 11, 2017
Page 5
COMMISSIONER McDANIEL: No changes, no ex parte.
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: Yes. No changes, no ex parte.
CHAIRMAN TAYLOR: Oh, extraordinary.
COMMISSIONER FIALA: Yeah.
CHAIRMAN TAYLOR: I will echo that: No changes and no ex
parte.
Commissioner Solis.
COMMISSIONER SOLIS: No changes, although I do -- I will
be recusing myself on 16 -- 16 -- well, which one was it? There's an
item relating to Lennar Homes. Yeah, 16A5, and I will be recusing
myself on that one. But other than that, no changes and no ex parte.
CHAIRMAN TAYLOR: Just a point of order. Do we pull 16A,
County Attorney, or how do we handle that?
MR. KLATZKOW: No. It's just -- you have your regular vote,
and Commissioner Solis will not be voting on that item.
CHAIRMAN TAYLOR: But it's on the consent agenda, so...
MR. KLATZKOW: Yes.
CHAIRMAN TAYLOR: So he'll just note as he's voting he
approves the consent agenda excepting 16A; is that how we do that?
MR. KLATZKOW: I think he's just done that.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SOLIS: That's what I'm doing.
CHAIRMAN TAYLOR: That's enough. Okay. All right.
COMMISSIONER SAUNDERS: I have no changes and no ex
parte. I do have an issue, pardon me, on Item 11A, the PACE
program. I've done legal work for a PACE provider around the state,
and so I think that that would constitute a conflict.
I believe I can participate in the conversation if there's any
questions, but -- and this is a question for the County Attorney. My
assumption is that based on my representing a PACE provider, that I
April 11, 2017
Page 6
would be in a conflict in voting on this.
MR. KLATZKOW: You would in a conflict, and my
recommendation is, although you can legally participate, I think the
best course is not to participate.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN TAYLOR: All right. All right. So no changes
except as noted. Do we have an approval of today's regular, consent,
and summary agenda as amended?
COMMISSIONER FIALA: Motion to approve.
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.)
Proposed Agenda Changes
Board of County Commissioners Meeting
April 11,2017
Add On Item 10B: Recommendation to accept a Multi-Way Stop Warrant Study and approve
the installation and operation of a 4-way stop control at the intersection of St. Andrews Boulevard
and Wildflower Way at an installation cost of approximately $300, with an annual maintenance
cost of approximately$100 (Cost Center 163630). (Commissioner Fiala's request)
Move Item 16A8 to Item 11B: 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 Four,Administrative
Procedures,more specifically to add section M, Stormwater Plan; amending Chapter Eight,
Public Notice,more specifically to amend section F, Stakeholder Outreach Meeting for Golf
Course Conversion(SOM); and providing an effective date. (This is a companion to Agenda Item
9.B.) (Commissioner Solis' request)
Time Certain Items:
Item 13A to be heard at 10:00 a.m.
Item 10A to be heard at 1:00 p.m.
Item 12A to be heard immediately following Item 5B
4/1IQ017 8:28 AM
April 11, 2017
Page 7
Item #2B
MARCH 14, 2017 - BCC/REGULAR MEETING MINUTES -
APPROVED AS PRESENTED
MR. OCHS: Item 2B is an approval of the meeting minutes from
the Board of County Commissioners' meeting of March 14, 2017.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN TAYLOR: No discussion?
(No response.)
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. Thank you.
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION HONORING THE WORK OF THE CANCER
ALLIANCE OF NAPLES AND ITS FUNDRAISER YOGACAN.
ACCEPTED BY JODI BISOGNO, DIRECTOR OF THE CANCER
April 11, 2017
Page 8
ALLIANCE OF NAPLES – ADOPTED
MR. OCHS: Madam Chair, that takes us to Item 4 on today's
agenda; proclamations.
Item 4A is a proclamation honoring the work of the Cancer
Alliance of Naples and its fundraiser, YogaCAN, to be accepted by
Jodi Bisogno, director of the Cancer Alliance of Naples. If you'd please
step forward and receive your proclamation.
(Applause.)
MS. BISOGNO: By myself.
CHAIRMAN TAYLOR: By yourself.
COMMISSIONER FIALA: Short ones get close to the middle.
CHAIRMAN TAYLOR: And you get to say something.
MS. BISOGNO: Good morning. I just want to say real quick, I
see lots of people in the room who actually know Cancer Alliance, and
especially all the fire department back there. But we are just grateful
to be here.
We've been in this community for 14 years, and you either know
us or you don't, and if you don't, we pay nonmedical bills for cancer
patients who currently are in treatment; so rent, utilities, their
mortgage, their car payment so that they can focus on their health after
their diagnosis.
And YogaCAN, through Dr. Joel Waltzer, who's a local
dermatologist, and his wife Jane started this four years ago, and it has
been incredibly supportive to the work that we do in the community,
and through them and through all of you and a lot of people in this
room, we could not keep doing what we do every day to support local
cancer families.
So thank you so much.
CHAIRMAN TAYLOR: Thank you.
(Applause.)
April 11, 2017
Page 9
Item #4B
PROCLAMATION DESIGNATING APRIL 9-15, 2017 AS
NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK
IN COLLIER COUNTY, IN RECOGNITION OF THE COLLIER
COUNTY SHERIFF'S OFFICE TEAM OF 56 DEDICATED
PUBLIC SAFETY TELECOMMUNICATORS WHO PROVIDE A
VITAL LINK BETWEEN THE PUBLIC AND FIRST
RESPONDERS. ACCEPTED BY SHERIFF KEVIN RAMBOSK,
CHIEF GREG SMITH, MANAGER NICK MCFADDEN, 911
DISPATCHERS AND STAFF – ADOPTED
MR. OCHS: Item 4B is a proclamation designating April 9th
through the 15th, 2017, as National Public Safety Telecommunicators
Week in Collier County in recognition of the Collier County Sheriff's
Office team of 56 dedicated public safety telecommunicators who
provide a vital link between the public and first responders.
The proclamation to be accepted by Sheriff Kevin Rambosk,
Chief Greg Smith, and manager Nick McFadden and 911 dispatchers
and staff. If you'd please come forward and receive your proclamation.
(Applause.)
MR. OCHS: Center yourselves, gang. Half of you on the other
side.
(Applause.)
CHIEF SMITH: Good morning. For the record, Chief Greg
Smith of the Collier County Sheriff's Office.
Madam Chair and members of the board, I just want to take a
moment to thank you for your recognition of the hard work and the
dedication of the men and women who provide communications
services for all the first responders in the county, save for the City of
April 11, 2017
Page 10
Naples, but there are times when we do that as well, but we just want
to also thank all the first responders who showed up this morning to
support our proclamation. That's why you're here, right?
(Applause.)
CHIEF SMITH: Because our men and women are the vital link
between them and the public who needs our assistance so desperately,
and there's nothing more reassuring than a calming voice on the radio,
whether you're that member of the public calling in or whether you're
the first responder on the other end.
I've served in both of those roles, and I can tell you that these men
and women behind there are stellar in performing what they do each
and every day.
So on behalf of Sheriff Rambosk and all the men and women of
the telecommunications center, I'd like to thank you for this award.
Thank you.
(Applause.)
Item #4C
PROCLAMATION HONORING THE RESPONDERS TO THE
LEE WILLIAMS ROAD WILDFIRE FOR THEIR EXCELLENCE
IN EXTINGUISHING THE FIRE WITH MINIMAL LOSS TO
PROPERTY AND NO LOSS OF LIFE. ACCEPTED BY
MEMBERS OF THE UNIFIED OPERATIONS CHARGED WITH
FIGHTING THE LEE WILLIAMS ROAD WILDFIRE - ADOPTED
MR. OCHS: Item 4C is a proclamation honoring the responders
to the Lee Williams Road wildfire for their excellence in extinguishing
the fire with minimal loss to property and no loss of life. To be
accepted by members of the unified operations charged with fighting
this particular wildfire, and I know, Madam Chair, you have a bit of
April 11, 2017
Page 11
protocol you'd like to cover for this one.
CHAIRMAN TAYLOR: We're going to do this a little bit
differently. We're going to ask all of you to come up for a photograph,
and then when you finish that photograph, you're going to file single
file, right to left, around, and you're going to come around again to
accept your proclamation, but you're going to stop at the mike, please,
and give us your name.
So why don't we come on up and have a photograph to begin
with.
(Applause.)
CHAIRMAN TAYLOR: We're going to get at least two or three
rows here. The vertically challenged in the front. Maybe we'll make it
four rows. Just keep coming in. Someone needs to put Lavah on their
shoulders here. I guess we'll do five rows.
COMMISSIONER FIALA: Charlotte, you need to get up front.
CHAIRMAN TAYLOR: Lavah, you want a chair? Do you want
to get a chair? Mary, you're in so much trouble right now.
COMMISSIONER FIALA: Oh, there you go, Lavah.
COMMISSIONER McDANIEL: Oh, she knows what she is
doing.
MS. HETZEL: I may have to piece this together.
CHAIRMAN TAYLOR: Someone lift Lavah up here. Oh, look.
Troy's got it. That's the picture.
COMMISSIONER SOLIS: We need a picture of that.
CHAIRMAN TAYLOR: I know.
MR. OCHS: All right.
CHAIRMAN TAYLOR: Okay. Ladies and gentlemen, single
file. Start filing around the back of the room.
CHIEF SMITH: For the record, Chief Greg Smith, Chief of
Administration for the Collier County Sheriff's Office representing
Sheriff Rambosk and all the men and women of the Collier County
April 11, 2017
Page 12
Sheriff's Office. Thank you.
MR. DEMON: Harris Demon (phonetic) with Traffic Operations
in the Traffic Management Center.
MR. McFADDEN: Nicholas McFadden with the Collier County
Sheriff's Office, 911 Center.
MR. HINTON: Alex Hinton with the Sheriff's Office, 911
Center.
MS. SUGG: Megan Sugg, Sheriff's Office, 911 Center.
MS. CONNOLLY: Kirsten Connolly, Sheriff's Office, 911
Center.
MS. FLYNN: Brook Flynn, Sheriff's Office, Communications
Center.
MR. SEBASTUCCI: Murray Sebastucci (phonetic), 911
Communications Center, Collier County Sheriff's Office.
MR. MESSNER: Steve Messner from the Water Department. I'd
also like to, on behalf of Travis Gossard from Transportation, who
wasn't able to be here today.
MS. MORDONT: Danielle Mordont (phonetic), Community and
Human Services.
MS. McKINNEY: Andrea McKinney, Florida Department of
Health in Collier County, Public Information.
MS. FRIGUELLA: Deputy Chief Naomi Friguella (phonetic),
Collier County EMS.
MS. MONEDA: Sal Moneda (phonetic) from Fleet Management.
MR. DELOLLA: Robert Delolla, Lehigh Acres, Fire Control and
Rescue District.
MR. DAIGLE: Joseph Daigle, Bonita Springs Fire Control and
Rescue District.
MR. MAZE: Nick Maze, BIE Eastern Region.
CHIEF GREENBERG: Rita Greenberg, Deputy Chief, North
Collier Fire Control and Rescue District, Florida Fire Chiefs Region 6.
April 11, 2017
Page 13
MS. BUTCHER: Tabitha Butcher, Collier County EMS.
MR. RUNT: Good morning. Michael Runt, Tice Fire District.
MS. HANSON: Shawn Hanson, Greater Naples Fire Rescue
District.
MS. BISHOP: Tara Bishop, Greater Naples Fire Rescue District.
CHIEF MESSINA: Deputy Tony Messina, Charlotte County
Fire.
MS. PRICE: Len Price, Collier County Emergency Management
and Administrative Services. And I think it's just important to say that
while this group is huge, this is truly just a small representation of the
number of people who worked to take care of this fire situation.
MR. McLAUGHLIN: Alan McLaughlin, Greater Naples Fire
Rescue District.
MS. JONES: Good morning. Ashley Jones, Director of social
services for the Salvation Army Naples Regional coordinet (sic).
MS. PROCTOR: Cally Proctor, Communications Manager with
the Salvation Army.
MR. GIDEONS: Mike Gideons with the Florida Highway
Department on behalf of Colonel Gene Spalding.
MS. MANNING: Samantha Manning, DBI Services.
MR. SANCHEL: Brandon Sanchel, representing
Communications and Customer Relations Division.
MR. DeLEON: Omar DeLeon with the Collier Area Transit.
MR. PETROLO: Good morning. Donald E. Petrolo, Fire Chief,
Seminole Tribe of Florida. On behalf of Marsalas Osceola, Jr., thank
you for this recognition.
MS. MILLER: Good morning. Charlette Miller with Florida
Power & Light. And on behalf of our company, I'd like to tell you
how much it was a privilege to serve. Thank you.
MR. HERNANDEZ: Carlos Hernandez, DBI Services, I-75.
MR. CASHDOLLAR: Josh Cashdollar, Collier County Facilities
April 11, 2017
Page 14
Management.
MR. EIFORT: John Eifort (phonetic), Collier County Fleet
Management.
CHIEF HOWELL: Ed Howell, fire Chief, Lee County Port
Authority.
MR. VAN BRUNT: Glen Van Brunt, San Carlos Park, Fire
Protection and Rescue Service District.
MR. FRANKLIN: Dennis Franklin, Collier Area Transit.
MR. GASTINEAU: Bruce Gastineau, Collier County EMS.
MS. MAR: Good morning. Kathleen Mar, Department of
Health, Collier County.
MR. COLAJA: Tony Colaja (phonetic), Traffic Operations.
MR. FULLER: Good morning. Patrick Fuller, Florida Division
of Emergency Management.
MR. PEREZ: Dave Perez, Greater Naples Fire Rescue.
MR. PALERMO: Anthony Palermo, Greater Naples Fire
District.
MR. WALKER: Jeff Walker, Collier County Risk Management.
MR. MILLER: Ron Miller, Collier County Risk Management.
MR. NEEMAN: John Neeman, Logics Coordinator, Emergency
Management.
MR. FEGIS: Michael Fegis, Collier County Emergency Services.
MR. NAPOLITY: Stephen Napolity, National Weather Service.
MR. MORAVEC: Mitz Moravec, Florida Fish and Wildlife
Conservation Commission.
MR. BULGER: Bob Bulger (phonetic), Florida Fish and Wildlife
Conservation Commission.
MR. BEAUCHESNE: Scott Beauchesne, Collier County Risk
Management.
MR. NOTTINGHAM: Ben Nottingham, Florida Panther
National Wildlife Refuge.
April 11, 2017
Page 15
MR. HOLDEN: Doug Holden, Greater Naples Fire Rescue.
MR. HART: Byron Hart, Big Cypress National Preserve.
CHIEF CUNNINGHAM: Thomas Cunningham, Battalion Chief,
Immokalee Fire Control District.
MR. CHOTE: Good morning, everyone. Michael Chote,
Immokalee Fire Control District.
MR. LOUD: Mike Loud (phonetic), Greater Naples Fire Rescue
District.
MR. TEMPORELLI: Jesse Temporelli, Greater Naples Fire
Rescue District.
MR. ROLL: Jeff Roll, Greater Naples Fire District.
CHIEF JAMES CUNNINGHAM: James Cunningham, North
Collier Fire Chief. On behalf of the Board of Fire Commissioners of
North Collier, we appreciate all the work of the men and women, and
we were glad we were able to work together in a collaborative
environment. Thank you for all your support.
COMMISSIONER FIALA: You know, Commissioner, I don't
know that everybody has realized we have all of these people working
out there behind the scenes that we never see working to protect all of
us.
CHAIRMAN TAYLOR: That's right.
COMMISSIONER FIALA: This is a great show for all of those
who are helping us.
CHAIRMAN TAYLOR: I agree.
CHIEF MARIA: Good morning. P.T. Maria (phonetic), Fire
Chief, City of Naples. On behalf of the City of Naples, we want to
thank you for this recognition.
MR. TOPOLESKI: Robert Topoleski with the Cape Coral Fire
Department.
MR. LOWE: Rob Lowe, Greater Naples Fire Rescue.
MR. NELSON: Corey Nelson, Greater Naples Fire Rescue.
April 11, 2017
Page 16
MR. CROSS: Chris Cross, City of Marco Island Fire Rescue.
MR. DRESCHER: Alan Drescher, Collier County EMS.
MR. McELWAY: Good morning. Justin McElway, the
American Red Cross.
MR. MARTIN: Wayne Martin, Greater Naples Fire Rescue.
MR. CORIANO: Good morning. Ray Coriano, Collier County
Parks and Rec's, Golden Gate Community Center.
MR. BELL: Jeff Bell, Collier County Parks and Rec.
MR. WALLEN: Ricardo Wallen, Collier County Parks and Rec.
MR. JELSEPH: Windel Jelseph, Collier County Parks and
Recreation.
MS. WILSON: Vicky Wilson, Collier County Parks and Rec,
Golden Gate Community Center.
MR. TIDAS: Scott Tidas, North Port Fire Rescue District on
behalf of Fire Chief William Taft.
MR. ESTES: Pat Estes, IT Department on behalf of my
colleagues at the service desk.
MR. BARRIOS: Mike Barrios, Information Technology
Division.
MR. WESTON: Michael Weston, Florida Forest Service,
Caloosahatchee Forestry Center on behalf of all the rangers, senior
rangers and the bulldozers, helicopters pilots and fixed-wing pilots.
MR. PILATTO: Jeff Pilatto, Florida Forest Service, also the
Florida Type 2 Interagency Red Team.
MR. SAPP: Noland Sapp, Operations Chief for Greater Naples
Fire Rescue. And on behalf of Fire Chief Kingman Schuldt, we'd like
to thank you for this proclamation, and we'd like to thank all the other
responders that assisted us in this endeavor.
MR. SUMMERS: Commissioners, good morning.
Now, three very quick comments. First of all, this is a result of
team work and partnership. I dare not call out one agency, because
April 11, 2017
Page 17
there were, as you could tell today, dozens involved in this operation,
and it was the team work, the cooperation, the spirit, the coordination
that made this successful, and it's part of what we do every day to put
these plans, policies, and procedures together.
So I want to thank them and just mention to you briefly that the
cologne that we're all wearing this morning is Big Cypress, and it's
going to be available at Macy's later as part of our rollout.
But thank you very, very much to everyone engaged in this
operation, and we're working really hard to keep our community safe
and prepared. Thank you.
(Applause.)
MR. OCHS: I think we got them all, ma'am.
CHAIRMAN TAYLOR: Thank you. Thank you very much.
Item #4D
PROCLAMATION DESIGNATING APRIL 22-29 AS
PICKLEBALL WEEK IN COLLIER COUNTY, AS WE HOST
THE SECOND MINTO US OPEN PICKLEBALL
CHAMPIONSHIPS EVENT AT EAST NAPLES COMMUNITY
PARK. ACCEPTED BY TERRI GRAHAM, CHRIS EVON, JIM
LUDWIG AND CAROL CAEFER – ADOPTED
MR. OCHS: Commissioners, that takes us now to Item 4D,
which is a proclamation designating April 22nd through the 29th as
pickleball week in Collier County, as we host the second Minto US
Open Pickleball Championships event at East Naples Community
Park. To be accepted this morning by Terri Graham, Chris Evon, Jim
Ludwig, and Carol Caefer. If you'd all please step forward.
(Applause.)
COMMISSIONER FIALA: Would it be okay with you, Madam
April 11, 2017
Page 18
Chair, if I read the proclamation?
CHAIRMAN TAYLOR: Oh, I'd love it.
COMMISSIONER FIALA: I'm going to just read this
proclamation so everybody can hear it, and that is:
Whereas, the Minto US Open Pickleball Championship will be
held in Collier County April 22nd to 29th -- mark that down -- for the
second consecutive year; and,
Whereas, the Minto US Open Pickleball Championships attracts
1,300 players this year and over 10,000 spectators from around the
world, making Collier County the pickleball capital of the world; and,
Whereas, the event will introduce pickleball to over 200
schoolchildren at the kickoff event. Kids Day, Media Day on Friday,
April 22nd, and Kids Day on Thursday, April 28th, kids will be treated
to a free lunch and a chance to watch and learn from the best; and,
Whereas, there are an estimated 10,000 players in Collier County;
and,
Whereas, the economic impact to Collier County will exceed $3
million with 3,000 hotel room nights booked already; and,
Whereas, the Minto -- yeah.
Whereas, the US Open Minto -- sorry -- Minto US Open
Pickleball Championship works closely with Pickleball for All, a
not-for-profit organization that provides pickleball instruction and
equipment to local PE teachers to build their pickleball programs; and,
Whereas, the sport of pickleball promotes active, healthy
lifestyles for our senior community, our youth, and everyone in
between, providing a fun way to stay fit and active.
And now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that April 22nd through
April 30th be designated Pickleball Week in Collier County. Done and
ordered this 11th day of April 2017, Penny Taylor, Chairman.
(Applause.)
April 11, 2017
Page 19
CHAIRMAN TAYLOR: They're ours; they're ours.
COMMISSIONER FIALA: I wish you could see these -- I wish
you could see these people at work. You know, we've been able to get
a close-up look at them, and how they work, and it's fantastic to see
how they put this thing together. And, boy, they never take their eye
off that ball. They never get waylaid at all. I'm just so proud to call
you friends. Thank you.
(Applause.)
MR. LUDWIG: We got four. Everybody else gets three.
CHAIRMAN TAYLOR: But who's counting?
MR. OCHS: Madam Chair, if I could have a motion to approve
today's proclamations, please.
CHAIRMAN TAYLOR: Do I hear a motion to approve the
proclamations?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: 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.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR APRIL 2017 TO PICKLEBALL FOR ALL.
ACCEPTED BY JIM LUDWIG, EXECUTIVE
April 11, 2017
Page 20
DIRECTOR/FOUNDER PICKLEBALL FOR ALL; CAROL
CAEFER, ASSISTANT DIRECTOR/CO-FOUNDER,
PICKLEBALL FOR ALL; SUSAN KUHAR, ACCOUNT
EXECUTIVE, GREATER NAPLES CHAMBER OF COMMERCE;
AND BETHANY SAWYER, MEMBERSHIP ENGAGEMENT
SPECIALIST, GREATER NAPLES CHAMBER OF COMMERCE
– PRESENTED
MR. OCHS: Move to Item 5 on this morning's agenda;
presentations.
Item 5A is a presentation of the Collier County Business of the
Month for April 2017 to Pickleball for All. To be accepted by Jim
Ludwig, executive Director and Founder of Pickleball For All; Carol
Caefer, assistant director and cofounder of Pickleball for All; and,
Bethany Sawyer, Membership Engagement Specialist with the Greater
Naples Chamber of Commerce. Please step forward.
(Applause.)
COMMISSIONER FIALA: Do you want us over more or here?
CHAIRMAN TAYLOR: Do you want to say something?
(Applause.)
COMMISSIONER FIALA: We'll see you at the games, huh?
MR. OCHS: Congratulations. Thank you.
Item #5B
RECOGNIZING WILLIAM LANG, PLANNER, FLOODPLAIN
MANAGEMENT, AS THE MARCH 2017 EMPLOYEE OF THE
MONTH – RECOGNIZED
MR. OCHS: Item 5B is a recommendation to recognize William
Lang, Planner with our Floodplain Management Group, as the March
April 11, 2017
Page 21
2017 Employee of the Month. Bill, will you please step forward.
(Applause.)
COMMISSIONER FIALA: Thank you for all you're doing for
us.
MR. OCHS: Stand right there in the middle, Bill. Back up a little
bit against -- all right. Stay right there while I tell the audience a little
bit about you, please.
Commissioners, Bill Lang has been with the county for more than
nine years working with our Growth Management Department. He
was selected by the Employee of the Month Committee because of his
dedication to the organization and its citizens that we serve. This
became particularly evident when we assisted a homeowner with a
costly flood insurance issue, his dedicated extra hours to research,
study and analyze the homeowners' case and determine that the
homeowner's flood insurance policy was rated incorrectly. As a result
of Bill's outstanding customer service, the homeowner was able to save
more than $1,400 in flood insurance premiums.
Bill truly embodies what it means to be a role model for Collier
County and our values and is very deserving of this Employee of the
Month award. Commissioners, it's my honor to present Bill Lang as
the March 2017 Employee of the Month.
Congratulations, Bill.
(Applause.)
Item #12A
RESOLUTION 2017-71: APPOINTING DANIEL SULLIVAN TO
FILL THE VACANT SEAT FOR AN OWNER/OPERATOR TO
THE TOURIST DEVELOPMENT COUNCIL – ADOPTED
MR. OCHS: Madam Chair, that takes us to our first time-certain
April 11, 2017
Page 22
item. That is Item 12A that was scheduled to be heard immediately
after the proclamation -- excuse me -- the presentation item.
This is a recommendation to appoint a member to the Tourist
Development Council. The recommendation from the TDC was to
appoint Mr. Ronald Albeit to the vacancy on the TDC.
CHAIRMAN TAYLOR: Thank you very much. I asked that this
be pulled and voted on separately from the consent agenda because the
first time the TDC voted on this, it was a tie. It was a three-way.
There were nine members. There were three folks that applied. Only
one, only one took the time to sit there and listen to the meeting. That
was Dan Sullivan.
And there were three votes for the other two; three, three, and
three. Then -- I thought it failed, but it didn't, I guess, because it was
voted again, and at that point the unanimous went to -- I don't have his
name in front of me.
COMMISSIONER FIALA: Ronald.
CHAIRMAN TAYLOR: Ronald.
But one of the -- one of the conversations from the dais, from the
TDC meeting, Commissioner Fiala, was the importance of Marco
Island, because this other gentleman, I guess, manages or is a GM of a
hotel on Marco Island.
And I was reminded of that because in our own staff report for a
meeting between the Naples City Council and the County
Commission, it appears that the majority of TDC revenue is not
generated by Marco Island. It is generated by Collier County;
whereas, the City of Marco has 25 percent, and the City of Naples has
25 percent.
So as I was chairman of the TDC for a couple of years, the
representation, I think, with your position now, because that's your
district, has very -- what I consider very strong representation from
Marco Island. And I think Collier County needs a voice, and I'm not
April 11, 2017
Page 23
sure that a hotelier representing Collier County sits up there. I know
we have Clark Hill on the board. I would say he's more -- excuse me.
He's more of the City of Naples representation.
So I'm asking you to reconsider what the TDC put forward. I
think Mr. Sullivan is a very capable, experienced gentleman who has
served on Marco Island, has worked on Marco Island, as well as every
other part of Collier County, and I think as we're turning a new page
for sports tourism, I think he will add an important voice to the
deliberations of the TDC, so that's why I'm here.
Do we have any speakers, Troy?
MR. MILLER: Yes, ma'am. I have six speakers.
CHAIRMAN TAYLOR: Now -- we can discuss now, or do you
want to hear from the speakers?
COMMISSIONER SAUNDERS: I'd like to hear from the
speakers. I've certainly appreciated your comments. Obviously,
you've got a lot of insight into this, and I agree with what you're
saying, but I'd like to hear the speakers.
CHAIRMAN TAYLOR: Okay, good. Thank you very much.
MR. MILLER: Your first speaker is Dan Sullivan. He'll be
followed by Jim Ludwig.
MR. SULLIVAN: Good morning. I'm Dan Sullivan. I am the
Director of Sales and Marketing for Green Links Golf Villas at Lely
Resort. I've been in the county for 24 years. I've been past president
and current board member for the Sports Council of Collier County.
The Sports Council was started just about 20 years ago, and I was there
during the inception.
With the buildup of sports tourism, as a significant part of tourism
in the county, we believe it's a good time to have a representative on
the Tourist Development Council who represents the sports
community.
In my career I've been involved in negotiations with all level of
April 11, 2017
Page 24
sports, professional, semiprofessional, amateur, as well as football,
basketball, soccer, and pickleball. Been a coach. I had -- my toughest
job of all was Little League baseball umpire.
The Council is in talks to use TDT dollars to fund a sports
complex for the first time, and this opportunity to put a person in an
advisory position who deals with sports tourism daily makes sense.
We currently have representatives on the council who shepherd
the entrance of beach renourishment from both the City of Naples and
the City of Marco Island. Also on the Council we have a
representative who's a distinguished general manager. We also have a
representative who is from Immokalee/Lake Trafford areas, as well as
Everglades City, somebody from the arts, and then a general
representative of hospitality.
As a representative of the sports community, we think it makes
sense to look at the future and put somebody on the Council who
represents the sports community. I hope you would take my name and
advisement to appoint me to the Tourist Development Council. Thank
you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Jim Ludwig. He'll be
followed by Mary Silva.
MR. LUDWIG: For the record, my name is Jim Ludwig, and I --
excuse me. I represent the pickleball community. Dan and I have
been friends for about three years now. We've worked together on the
Sports Council as well.
Dan is very supportive of what we do in the pickleball world.
He's there volunteering all the time. Dan is very much into the
community, not only sports-wise, but his wife works in the school
system as well. Last night we were out teaching at a school, and she
came down to volunteer.
So they are into this community. We need somebody that's into
April 11, 2017
Page 25
sports where we're heading with the direction of the Collier County.
This new complex we're talking about, we need somebody to have
foresight. I believe Dan does. I'm there to support him in this every
direction as well. So please consider Dan in your vote for TDC.
CHAIRMAN TAYLOR: Thank you. Commissioner Fiala, do
you have a question for him?
COMMISSIONER FIALA: No. I'm waiting till they're done.
CHAIRMAN TAYLOR: Okay.
MR. MILLER: Your next speaker is Mary Silva. She'll be
followed by Mary Shee.
MS. SILVA: Good morning. Hi. My name is Mary Silva. I
come from the Lee County. I'm General Manager of the Hampton Inn
& Suites in Estero. I've known Dan for over 10 years. We opened up
our hotels at about the same time in Estero.
We were friendly competitors for many years. And I traveled
down mainly to -- in support of Dan to the appoint (sic) of the Tourist
Development Council. He has been a diligent hotelier, a very active
member in our hotel community, especially with the FGCU sports
programs when we were competitors up in the Estero area. We all
know his successes didn't start just 10 years ago, but a long time. He's
just a very active member. He's a get-it-done type of person, and I
think he would be a valuable asset to your community and council.
Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Mary Shee. She'll be
followed by Terri Graham.
MS. SHEE: Good morning, everybody, and thanks for allowing
us to speak today.
Sports tourism in Collier County is a significant contributor to the
local economy. I don't want to repeat what everyone else has said, but
I do want to share with you that Dan was the past president of the
April 11, 2017
Page 26
Sports Council. I'm the president of the Sports Council now, and he's
always involved. He's always there for everybody. But what's, I think,
important, if the sports complex is going to go forward, Dan has the
experience of beach hotels, hotels on 41, and now East Naples hotels.
So he has the personality down of which type of sports goes to which
direction and which hotel, the rated pieces of sports tournaments
versus the ones that can pay.
He has an extremely valuable reputation, not only with sports
directors, but his peers and his general managers.
I've been fortunate enough to be friends with he and his wife for
now seven years, and I just can't say enough about how much they do
involve -- how much they're involved in the community and always
with a smile on their face, and they'll do anything for anyone. And I
150 percent really, really want Dan Sullivan on the TDC. I think it
makes sense for the direction we're going in Collier County.
Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Terri Graham. She'll be
followed by Liz Sanders.
MS. GRAHAM: Good morning. So when we first came to --
when Chris and I first came to Collier County, to Naples, about the US
Open Pickleball Championships to see where we were going to bring
this, the CVB took us over to Green Links, and Dan Sullivan was there
and greeted us with a hug and said, you have got to bring this event to
Naples. He gave us a tour of the Green Links. He opened his doors,
opened his arms and, from our standpoint at that time, he was not a
friend of ours. We were looking at this as a business decision and
what was best for our business of the US Open Pickleball
Championships.
He was a major influence of why we chose Naples, and since
then, as we've had situations come up where we need answers, we need
April 11, 2017
Page 27
advice, we need a lead, we've turned to Dan Sullivan. And he's one of
the prime reasons that the event is successful, we feel, in Naples.
And with all due respect to the other candidates that are running
for this position, Collier County is in a prime position right now for
sports tourism. And I've been up here before discussing how important
it is to have designated sports-minded people on these boards, whether
it's -- whether it's the TDC, whether it's the CVB, whatever it is, it's
very, very important to focus on sports tourism.
And your TDC committee already has a lot of other expertise in
different areas, and I don't see a specific sports tourism person on the
TDC. So I would strongly suggest that you look over again what
you're looking at and make the best decision from a business
standpoint; not emotion, not passion, but what's going to be best for the
business of Collier County.
Thank you.
CHAIRMAN TAYLOR: Thank you.
(Applause.)
MR. MILLER: Your final speaker on this item is Liz Sanders.
CHAIRMAN TAYLOR: Okay. So one question or one
comment, Ms. Sanders: Speak slowly.
MS. SANDERS: No worries. Are you ready?
I'm just here to say, not to reiterate what everybody else has said,
but that Dan has the vast experience in town. He's been everywhere in
every part of the hospitality industry. But the biggest thing is going
forward in the future of sports in this town with its new deputy sports
director, potential sports complex, he is a great liaison, and he
understands the whole community in a whole.
He is a man that is -- obviously has great history and a great
experience, but he is our sound of reason on the Sports Council.
As a board member, you know, we're a real dynamic group of
people, and he is the person that makes sense over and over again.
April 11, 2017
Page 28
And just understand that he sees the greater good of the entire
community so he doesn't have a personal agenda or anything
whatsoever, and he'd be a great asset to TDC.
CHAIRMAN TAYLOR: Thank you.
(Applause.)
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I've thought about this a lot
before we even started to vote on the guys for the TDC. I was sitting
there, so I was there for both. And the first time we were -- we were
discussing it, I was a little disappointed that nobody else came to that
meeting except Dan; Dan was there. And I was wishing that some of
the other applicants would have been there, but they weren't.
The second meeting where we were voting, then we had some,
and -- but Dan was always there. And I'm going to go just backwards
a little bit and tell you no matter where I go involving sports, Dan is
always there. And I've gotten to know him just because he's every
place. And, you know, that's what you really want. You want
somebody to know the industry. You want somebody to be there.
Yes, a Marco person left -- actually, two Marco people left, and
we were trying to fill that Marco slot just to make sure that it was
filled, but right now I think Dan could spread himself all over the
place. It doesn't make any difference if it's Marco, it's North Naples,
but it is sports.
And we're getting into that heavily, and I think we -- I think we
need somebody that is dedicated and has a passion for the sports. So
I'll just make those comments.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: Thank you, Madam Chair.
I agree that Dan Sullivan is the right selection for this as we move
forward in dealing with amateur sports. We have the amateur sports
complex that we're going to be dealing with that involves Tourist
April 11, 2017
Page 29
Development Council funds, and we also have the issue of enhancing
the beach renourishment funds, and I think someone like Dan can give
us some objective advice from the TDC.
So I would make the motion, if you haven't already, to appoint
him.
CHAIRMAN TAYLOR: I'll second that motion.
COMMISSIONER FIALA: Okay.
CHAIRMAN TAYLOR: Commissioner McDaniel, you going to
talk us out of it?
COMMISSIONER McDANIEL: Why do you always accuse me
of that?
I just would like to say that I'm happy to have Dan come on board
with us. He and I have been friends. Our daughters are the same age,
have grown up together, we went to school together, horseback riding
competitions, and I believe he'll make a wonderful addition to the
committee.
CHAIRMAN TAYLOR: Commissioner Solis, anything to say?
COMMISSIONER SOLIS: And I would agree, I think with our
emphasis on sports tourism, I think given the makeup of the TDC, that
I think it's a great idea to have somebody that represents that area and
that focus for the county.
CHAIRMAN TAYLOR: There's a motion on the floor and a
second. 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.
April 11, 2017
Page 30
Congratulations.
(Applause.)
Item #10B
ACCEPTANCE OF A MULTI-WAY STOP WARRANT STUDY
AND APPROVE THE INSTALLATION AND OPERATION OF A
4-WAY STOP CONTROL AT THE INTERSECTION OF ST.
ANDREWS BOULEVARD AND WILDFLOWER WAY AT AN
INSTALLATION COST OF APPROXIMATELY $300, WITH AN
ANNUAL MAINTENANCE COST OF APPROXIMATELY $100
(COST CENTER #163630) – APPROVED
MR. OCHS: Madam Chair, that takes us to Item 10B. This was
the add-on from Commissioner Fiala. This is a recommendation to
accept a multi-watch -- excuse me -- multi-way stop warrant study and
approve the installation and operation of a four-way stop control at the
intersection of St. Andrews Boulevard and Wildflower Way. And,
Commissioner Fiala, I don't know if you wanted to make any
comments on this one.
COMMISSIONER FIALA: Yes, I would love to make some
comments.
Ever since the county opened Santa Barbara to St. Andrews
Boulevard, the traffic picked up. We've got all of the statistics. It
picked up tremendously. They have a lot of people that cut through
that neighborhood as well. Kids that are going to Lely High School
take Wildflower, as well as the people that live in Lely Resort at the
end of the resort use that as a cut-through.
Meanwhile, there's Warren Street where, of course, they have the
Little League games, and that's wonderful, on the weekends, but it also
gives Naples Manor a way out of the Manor from the back roads rather
April 11, 2017
Page 31
than having to travel a longer way around, and most of the jobs for
those people are going up north so they all cut through as well.
The sad thing is that everybody feels a need to hurry through
there. Well, let me say speed through there. The people have been
calling and calling. Ever since we opened the road, they've been
calling and saying, can you slow this down? The Sheriff's Office has
been there. They've put out patrol cars, and they've put out signs that
tell you how fast you're going, but it doesn't seem that it's stopping
much of anybody from speeding.
Now, we've had plenty of accidents on there. They're all
documented. And we've had a death on there. And the people are
saying, we've got to do something.
So they've asked for -- there are so many things that, really, they
could use to slow that traffic down, but they want to start with this
four-way stop. I suggest also that we work toward getting two
roundabouts. I'm hoping that those two roundabouts would slow
things down as well.
Have they done that in the city, Penny -- Commissioner Taylor,
have they slowed the traffic down on those roundabouts?
CHAIRMAN TAYLOR: What happened -- the two -- well, the
two -- the two roundabouts on the Central Avenue going across 41 has
slowed traffic down. The traffic circles on 7th Avenue does slow
traffic down considerably, and those are just traffic circles because of
the dimensions of what they're in, and they've been in there for a long
time, so they work.
COMMISSIONER FIALA: Okay. So thank you for that. That
was unannounced. I didn't even know what she was going to say.
CHAIRMAN TAYLOR: We didn't talk about that ahead of time.
COMMISSIONER FIALA: But I wanted to tell you that I think
we have to work toward that, but right now this is a quick start to
fixing the problem, and that is putting a four-way sign up there, and I
April 11, 2017
Page 32
would ask you, Commissioners, that you would go along with that, and
so I'm going to make a motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN TAYLOR: Commissioner Saunders, did you want
to speak to it? That's from before.
COMMISSIONER SAUNDERS: No, no. Yes, that's from
before.
CHAIRMAN TAYLOR: Sorry.
All right. Any speakers, Troy?
MR. MILLER: No.
CHAIRMAN TAYLOR: So we have a motion on the floor and a
second for the four-way stop. 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.
COMMISSIONER FIALA: Thank you, Commissioners. I
appreciate that.
COMMISSIONER McDANIEL: Any time.
Item #9C
ORDINANCE 2017-11: AN ORDINANCE THAT WOULD
INSTITUTE TERM LIMITS ON COMMISSIONERS WHEREBY
AN INDIVIDUAL SHALL NOT BE ELIGIBLE FOR ELECTION
AS A COMMISSIONER FOR MORE THAN THREE
CONSECUTIVE FOUR-YEAR TERMS – ADOPTED
April 11, 2017
Page 33
MR. OCHS: Madam Chair, I'm going to move around here a
little bit in anticipation of our 10 a.m. time-certain, if you don't mind.
Perhaps we could take Item 9C. This was an item that was
continued from your March 14th meeting, and it's a recommendation
to adopt an ordinance that would institute term limits on
commissioners whereby an individual shall not be eligible for election
as a commissioner for more than three consecutive four-year terms.
CHAIRMAN TAYLOR: And, again, I have asked that to be
moved to this agenda to hopefully persuade another voice here. I
really believe that the people need to weigh in on this. I don't think it
this should be instituted. I think that a commissioner that does a job
that their constituents approve of will be elected and reelected and
reelected. A commissioner who doesn't, will not be, and I think the
history of the commissions shows that clearly.
I'm not into institutionalizing one commissioner over another, but
I can tell you the value of having an experienced commissioner up
here, my colleague to my right, who will bring in issues when we're
discussing a certain item, will reflect on certain things, that it's
invaluable, and I would hate to lose this by what I consider an artificial
12 years. I mean, why don't we make it 16 years or why don't we
make it eight years? It just doesn't make sense.
So I would ask to see if I have any support. The last time we
voted on this -- and we have to vote on it twice -- it was a 3-2, I
believe.
COMMISSIONER McDANIEL: 4-1 first time we brought it up,
and then you brought it out of consent agenda when Commissioner
Solis was not here, and it split 2-2, which is why it's back today.
CHAIRMAN TAYLOR: Okay. Thank you for that. So you
weren't here. Oh, so I should turn to you and talk to you.
COMMISSIONER SOLIS: I was not here.
April 11, 2017
Page 34
MR. OCHS: Madam Chair, just, again, for clarification, this is
the second reading, so you're actually being asked to adopt the
ordinance today.
CHAIRMAN TAYLOR: Today. All right.
Commissioner Fiala.
COMMISSIONER FIALA: Oh, I thought you called
Commissioner Solis.
CHAIRMAN TAYLOR: No. Commissioner -- he didn't -- well,
I guess.
COMMISSIONER SOLIS: I think you're waiting to hear from
me, right?
CHAIRMAN TAYLOR: I am waiting to hear from you, yes.
COMMISSIONER FIALA: No, please.
COMMISSIONER SOLIS: Commissioner Fiala would like to
say something. I'd like to hear what she's going to say first.
COMMISSIONER FIALA: I have plenty of time. Go ahead.
COMMISSIONER SOLIS: You might want me to hear what
you're going to say first.
COMMISSIONER FIALA: Okay. Well, I've been here a long
time, as probably a lot of people know, and much longer than I ever
thought. I was going to serve one term, but what happened was,
during the first term, four years, I was just beginning to figure out what
I needed to do and how to do it.
I had a mission in mind, and that was to rescue a community that
desperately needed rescuing, and -- but, you know, you don't know
how to do it, and you don't know the people that make things happen,
and you don't know the community. Even though you think you know
it well, you don't know it well.
And so that first four years was a tremendous learning curve. So
now I get into -- so I had to work -- I was just going to run one term. I
was going to get in there, clean everything up, and leave. Well, it
April 11, 2017
Page 35
didn't work that way. So I thought, well, now I'll run for the second
term now that I know what to do. But the longer I was here the more I
learned of the needs and then starting to figure out how.
You have to learn a little bit about the state as well, and you have
to learn about the departments and who does what and who can make
things happen and who to stay away from, who you can trust and you
cannot trust.
Well, you know, another four years went by, but we began to see
the wheels turning. Well, when you see the wheels beginning to turn,
now the oil has been greasing the rusted wheels, you see them
beginning to turn, but you have to go back because now you can't let
somebody else try it and then falter and go back to the learning curve
again, so you have to stay on another three -- four years.
Okay, fine. Now I'm in my third term, but by this time I had a
community that was so supportive and they all wanted to be a part of
the process. I did not do anything by myself, I want to tell you. The
community got together and supported seeing some of the changes
taking place.
Well, then when the fourth term was over, now we were seeing
things. Now we were -- we actually got our first retail stores in two
decades to open here. We actually started getting a couple restaurants
here that we didn't have.
Well, by that time, you don't want to turn it over, because if
somebody else is running -- and this is what I had heard. People
wanted to run for the seat because they wanted to use it as a
steppingstone to Tallahassee or there's a matter of pride, I think, and
maybe ego because now you're really important or something.
And then there's even little things like, well, we don't want it in
the county anymore, we want it in a city, maybe, and that isn't a reason
to run for office. The reason to run for office is because you have a
bunch of people there that need your help, and you're there for them,
April 11, 2017
Page 36
not for -- not for praise and glory.
So, anyway, so I threw my hat in for the fifth term, and that's why
I'm here. But had I been limited to three terms, I don't think we would
have ever come this far. So I really agree that, you know -- and I kind
of said that before when we talked as well --
CHAIRMAN TAYLOR: Yes.
COMMISSIONER FIALA: -- so thank you for letting me say it
again.
CHAIRMAN TAYLOR: No. Thank you.
Commissioner Solis?
COMMISSIONER SOLIS: Well, first I want to make sure that
my understanding of the application of this is correct in that this
resolution will limit county commissioners to three full term -- three
full terms moving forward. So this is -- this is not going to affect
Commissioner Fiala in the sense that she's already been here more than
three terms, correct?
MR. KLATZKOW: That's correct.
COMMISSIONER FIALA: Yeah.
COMMISSIONER SOLIS: Okay.
COMMISSIONER FIALA: This wasn't a personal thing.
COMMISSIONER SOLIS: Well, right. And I want to make sure
that it's clear that this is not, at least from my standpoint, any kind of
comment on Commissioner Fiala and what she's done for the county,
because I think that she's done some wonderful things for the county.
It's great to have her understanding of how things work, and she's a
great example of how to represent constituents in the district. I think
that's clear. So it's not about that.
My experience on different boards and different organizations,
though, is that at some point organizations need new ideas, new
energy, new faces. And I think that while this has not been an issue in
Collier County, I think the County Attorney had looked to see if there
April 11, 2017
Page 37
had been any other commissioners that had served more than three
terms. I've been out and looked at the pictures as well and, I mean, I
think there's maybe one or two, and they were many, many years ago.
Of course, again, other than Commissioner Fiala.
I think it would be a good policy. I think change in certain
respects is inevitable, but it's also good, and it's healthy. So I'm going
to support the resolution.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: I think I would like to direct a
question to Commissioner McDaniel. I think one of our goals -- I
think everyone on this commission has the goal of helping each other
achieve our personal goals as commissioners, and I certainly want to
help Commissioner McDaniel achieve his goals.
Obviously, this is an important issue for Commissioner
McDaniel, and I'm going to support it, but I want to make sure that he
still wants to move forward with it. He's heard a lot of discussion. And
if he wants to move forward with it, I'm going to support the motion,
not because I think that there's a problem, necessarily, but I think
helping him achieve his goal is important, if this is important to him.
COMMISSIONER McDANIEL: My light's on.
CHAIRMAN TAYLOR: Commissioner -- oh, yeah, it's your
turn.
COMMISSIONER McDANIEL: My light's on.
And it is important. It was -- I just -- we just came off a
12-month campaign for the last election. For any of you that saw any
of the information that I put out, it was the number-one campaign
platform, and it was brought to me by the electorate, the folks that, in
fact, elected me, number one.
And I have to say out loud, Commissioner Taylor, this is not an
artificial setting for a change. This is -- and there is certainly
exceptions to every rule. You know that. It has nothing to do with
April 11, 2017
Page 38
you.
COMMISSIONER FIALA: You don't have to worry about me.
I'm here for a while.
COMMISSIONER McDANIEL: Okay. Well, Commissioner
Fiala brings up a really, really good point, and we're learning it, for
those of us that are new to this board. I've served as your county
commissioner for in excess of 130 days. I'm brought into the seat 30
days after the fiscal budget's been adopted by another board, and then
within 120 days of that I'm asked to weigh in on another billion-dollar
budget for the following year. I'm operating off of policies from prior
boards that are being set, which was the rationale for me to propose a
three-term term limit, three four-years to allow someone to become
elected and give them that first term to learn the ropes, if you will,
necessarily, and then two more terms after they get their pins up under
them to be able to effectuate and do good for their community.
I, last week, visited Tallahassee with several of ours
commissioners that were up there, and I saw firsthand one of the
necessities why it's good to have new ideas, why it's good to have a
change of order, if you will.
Oftentimes, politicians -- I'm not one -- get elected, and they're
looking for a steppingstone as you said or a betterment for their
personal career.
And so, with that, this is something that I would like to propose. I
would like to see it go through. And, again, I'm not picking on
anybody up here. I actually set this -- the proposal establishes no term
limits until the two commissioners that are up next year are up for
reelection and the three of us that got elected last year, our terms would
begin on that date.
CHAIRMAN TAYLOR: All right. Good.
COMMISSIONER McDANIEL: And I'll move for approval.
COMMISSIONER SOLIS: Well, I was just going to add that I
April 11, 2017
Page 39
think it's important also that in my district as well, I think the
consensus is that, in general, that term limits are good, and it's -- we
have to respect that from our constituents. So I would -- I'll make a
motion to --
COMMISSIONER FIALA: He did.
COMMISSIONER SOLIS: Oh, you made a motion. I'll second
it.
CHAIRMAN TAYLOR: Second it, good. We've got a motion
on the floor and a second. All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye. It carries 3-2.
COMMISSIONER McDANIEL: Love you.
COMMISSIONER FIALA: Oh, you know what, this doesn't hurt
me at all, you know.
COMMISSIONER McDANIEL: I know that.
COMMISSIONER FIALA: I mean, I'm here, and I understand
your reasoning, and it is good to have fresh new ideas. I don't deny
that at all.
Sometimes they get a little tired, you know, after -- the ideas get a
little tired after you've been around and you have a certain path, and
you need to have new pathways. You're not going to hurt my feelings.
Thank you.
COMMISSIONER SOLIS: I'm glad you're here, though.
COMMISSIONER FIALA: Thank you.
CHAIRMAN TAYLOR: You know, and I think the fresh new --
the need for fresh new ideas should be decided by the people, not by an
ordinance.
April 11, 2017
Page 40
Item #13A
PRESENTATION OF THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 2016 AND AUTHORIZATION TO FILE THE
RELATED STATE OF FLORIDA ANNUAL LOCAL
GOVERNMENT FINANCIAL REPORT WITH THE
DEPARTMENT OF FINANCIAL SERVICES - MOTION TO
ACCEPT REPORT – APPROVED
MR. OCHS: Madam Chair, that takes us to your 10 a.m.
time-certain hearing this morning. This is Item 13A, and it is a
presentation of the Comprehensive Annual Financial Report for the
fiscal year ended September 30, 2016, and an authorization to file the
related State of Florida Annual Local Government Financial Report
with the Department of Financial Services.
Mr. Derek Johnssen from the Clerk of the Circuit Court's office
will begin the presentation.
MR. JOHNSSEN: Thank you, County Manager.
Good morning, Commissioners. For the record, Derek Johnssen,
Assistant Finance Director for the Clerk of Courts.
Item 13A is the annual presentation of the Comprehensive Annual
Financial Report, also known as the CAFR, for 2016.
The preparation of the CAFR is a year-round process for the
Finance Department. It includes the input of many people,
departments, and agencies.
We would particularly like to thank the County Manager, Deputy
County Manager, County Attorney's Office, and the Office of
Management and Budget for their support throughout the year. The
information that they provide is instrumental in the preparation of the
April 11, 2017
Page 41
CAFR document.
In addition, we would like to show our appreciation for each of
the constitutional officers for their efforts in preparing financial
statements. The Sheriff, the Supervisor of Elections, the Property
Appraiser, Tax Collector, and the Clerk all have individual audits
included under separate tabs in the book before you. Those audits, as
well as the consolidated audit of Collier County, are all performed by
the firm Clifton, Larson, Allen.
Finally, a personal word of thanks to my staff who worked many
hours to prepare the document before you today; some are in the
audience here.
With that, an additional thanks to Clifton, Larson, Allen, I'm
going to turn it over to Mr. Martin Redovan, the county's engagement
principal, who has a brief, promise you, brief presentation on the
results of FY'16 audit. Thank you.
MR. REDOVAN: Well, thank you, Derek.
Good morning, Marty Redovan with Clifton, Larson, Allen. We
will go through the results of the last -- last year's audit, share the
results, if I can get this thing moving. There we go.
That's just kind of the presentation agenda. We'll go through the
various reports, results, and have a quick conclusion.
The financial statement audit does include several layers. There's
an audit of the financial statements themselves, an audit of federal
compliance, so compliance with federal grants, an audit with state
compliance that includes state grants as well as certain items that are
required to be audited in accordance with Florida Statutes and rules of
the Auditor General.
So we issue several reports, and I'll kind of go through these
quickly. The Independent Auditor's Report, report on internal control;
compliance that we mentioned, and I'll get into these a little bit more;
the management letter, as required by the Auditor General; then we
April 11, 2017
Page 42
have a compliance report on several items under statute; and then,
finally, communications to you as governance. That's required under
the accounting standards, or the auditing standards, excuse me.
So here's where we really want to get -- since I was told to be
brief -- the results of the audit. The Independent Auditor's Report, it's
an unmodified report. That means it's clean, no qualifications,
basically the highest level of assurance that we can render off your
financial statements.
The Independent Auditor's Report on internal control: No
material weaknesses reported, which is very important for you to
know, and then there were two comments last year that were at this
level, but they were, you know, corrected during the current year, so
there was no repeats and, again, no comments this year as far as
material weaknesses.
Single audit report: What that, again, refers to is grant auditing
and compliance with all the requirements that exist in your grant
agreements. We did issue an unmodified report on compliance;
meaning for the grants we tested, the county complied with the
compliance requirements. We did have two findings in internal control
over compliance that were reported. We had one finding of the two
that was actually a carryover from last year; last year meaning Fiscal
'15 into Fiscal '16. Part of that was because of the timing of our finding
from '15 getting into the '16 fiscal year. So there wasn't quite time to do
the corrective action until we got into early Fiscal '16, so that's why I
think that one lingered.
Otherwise, I think they did immediately try to, you know, put a
corrective action in play, and then there were no "question" costs,
which is always important; that if a finding leads to question costs, you
may have to turn dollars back. In this case there were no question
costs.
The management letter, as required by the Auditor General, we
April 11, 2017
Page 43
had no comments or, you know, items of deficiency reported there.
And then, finally, this Independent Accountant's Report is the one
where there are several areas that the Auditor General has directed us
to audit in compliance with statutes. It's listed as an unmodified
opinion, but there was one little catch in there that had to do with
E911. So technically it was an unmodified with one little exception in
there. The E911 funding, there was about $14,000 that wasn't quite
spent in accordance with the statute itself. So not terrible, but
something that needs to be looked at and watched over.
So items that I'm required to report to you as governance under
the auditing standards, within your financial statements there are a
number of significant estimates. So not every number in your financial
statements is a very hard number that you say, yep, that's the number.
It's an estimate, and those include self-insurance claims liabilities,
those are estimates; the pension liability, which you might have known
as -- or seen as a fairly large item now because of the way the reporting
requirements have changed and the information that comes from
Tallahassee for FRS; post-employment benefits other than pension,
another estimate; the allowance for doubtful accounts; depreciation;
and landfill post-closure.
So there's several estimates and there's several -- they're
significant to your financial statements, and you need to be aware of
those.
We did not have any difficulties encountered with management
throughout the audit. There were no disagreements with management
throughout the audit.
And a couple of financial notes here: There are -- there's another
statement coming up under -- or the Government Accounting
Standards Board. As you recall, for those of you that were here a
couple years ago when GASB 68 came on for the pension, that
required the county to record its proportionate share of the pension
April 11, 2017
Page 44
liability on its financial statement; increase liability significantly on
your balance sheet, so to speak.
The next one out that's coming up and really for your financials in
'18 is for other post-employment benefits. So the liability that relates
to other post-employment benefits, the measuring criteria is going to
change, the reporting is going to change, and another substantial
liability is probably going to make its way to your balance sheet in
2018.
So I'm just trying to make sure you're aware of what's coming, try
to avoid surprises, but those are the changes that our profession -- not
our profession, but the folks that set what's known as general accepted
accounting principles, they keep changing the rules, and more and
more is getting loaded up on your balance sheet. So you need to be
aware of that.
And, you know, the question always comes up is, well, what
ramifications does that have potentially with rating agencies and
bonds? The rating agencies typically are ahead of the curve with these.
They see them coming. They're part of the due deliberations on the
pronouncements. They're not usually surprises to them.
So even when the pension liability standard came out, they were
well aware of it. I think they're already aware of these things and
already kind of considering those as they're doing ratings on your
bonds. So I don't think it will be a big surprise to them. I'm not going
to say it won't have, you know, impact, but it shouldn't be, oh, geez, we
didn't know this. They're well aware of these things.
So, finally -- and that kind of goes back through the whole thing.
It is going to be another liability that's going to gross up your balance
sheet.
And, finally, I do want to thank the County Manager's Office and
the County Manager himself and all the team -- you know, the people
that we deal with on the Board side, but then we also work, you know,
April 11, 2017
Page 45
obviously, with the Clerk's -- the Clerk's and the Clerk's financial team
and Clerk's finance, and we really do work, I think, very well with both
groups, and both groups throughout the county work with us very well.
We do -- in our grant testing, we hit a lot of board departments. They
do cooperate. They help us out throughout the engagement, and I just
want to thank everybody that's been involved with the audit that helped
us out through the years. So thank you.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: I just had one question for
Marty. Oftentimes when rule changes are put in effect, there is a static
line drawn or some compensating rule change that is, in fact, put in
place that wouldn't negatively impact our balance sheet or, as you said,
increase up on the liability side. Is there any opportunity for us to have
a way in on these rule changes, or is it just --
MR. REDOVAN: There's no counterbalancing on this particular
standard.
COMMISSIONER McDANIEL: So we've been going along
under these rules accounting for, as we do, for our retirement and so on
and so forth, our -- and then they change the rules and it comes back
around?
MR. REDOVAN: Yes.
COMMISSIONER McDANIEL: Hmm.
MR. REDOVAN: Not the answer that any of us like, but that's --
yes, that's how it works, and it plays out, and there's -- as they roll out
the new standards, they do have, you know, comment periods and, you
know, people can weigh in and, you know, debate. I haven't seen
where much has changed once they set this in motion, unfortunately.
And, yes, at the end of the day, it's on your financial statements.
COMMISSIONER McDANIEL: Thank you.
CHAIRMAN TAYLOR: No other questions.
COMMISSIONER McDANIEL: You doing good?
April 11, 2017
Page 46
MR. REDOVAN: I'm fine.
CHAIRMAN TAYLOR: All right.
COMMISSIONER SAUNDERS: Madam Chair, do we need a
motion to accept the --
CHAIRMAN TAYLOR: I think we do need a motion to accept.
COMMISSIONER McDANIEL: I'll make that motion.
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN TAYLOR: Okay. Motion on the floor to accept
the report as stated and as delivered to us, and a second.
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 very much.
COMMISSIONER FIALA: Thank you for a great job.
CHAIRMAN TAYLOR: Yes. Once again, highly professional.
MR. REDOVAN: Thank you.
CHAIRMAN TAYLOR: I can understand it. That's the most
important thing, so...
I think we keep these, right?
MS. KINZEL: Yes.
COMMISSIONER McDANIEL: For your reading pleasure.
MS. KINZEL: Chairman Taylor?
CHAIRMAN TAYLOR: Yes.
MS. KINZEL: Also, I might add, these do get distributed to
libraries and other informational purposes, and the CAFR will be on
April 11, 2017
Page 47
the Clerk's website. Prior years -- we put them on every year as soon
as you've accepted them, so they'll be well open to the public.
CHAIRMAN TAYLOR: Good. Thank you very much. You
know what we might also do is leave a copy out here in our little
waiting room out there. I think that would be very nice.
MS. KINZEL: I can provide one. No problem.
CHAIRMAN TAYLOR: Thank you. Thank you. All right.
Item #9A
RESOLUTION 2017-72: APPROVAL OF THE SINGLE PETITION
WITHIN THE 2015 CYCLE 3 OF GROWTH MANAGEMENT
PLAN AMENDMENTS FOR TRANSMITTAL TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY FOR REVIEW
AND COMMENTS RESPONSE, FOR AN AMENDMENT
SPECIFIC TO THE VANDERBILT BEACH/COLLIER
BOULEVARD COMMERCIAL SUBDISTRICT ON THE NORTH
SIDE OF VANDERBILT BEACH ROAD APPROXIMATELY
ONE-QUARTER MILE WEST OF COLLIER BOULEVARD.
(TRANSMITTAL HEARING) (CP-2015-2/PL20150002167) –
ADOPTED
MR. OCHS: Madam Chair, that takes us to Item 9A, advertised
public hearings. This is a recommendation to approve the single
petition within the 2015 Cycle Three Growth Management Plan
amendments for transmittal to the Florida Department of Economic
Opportunity for review and comments/response for an amendment
specific to the Vanderbilt Beach/Collier Boulevard Commercial
Subdistrict on the north side of Vanderbilt Beach Road approximately
one quarter mile west of Collier Boulevard.
Staff will present.
April 11, 2017
Page 48
Typically the applicant goes first, Madam Chair, if you'd like to
proceed in that order.
CHAIRMAN TAYLOR: Yes. And I just need to declare that I
do have a conflict here, and so that I have to recuse myself from the
voting, and I understand that is an issue that needs four votes; is that
correct?
MR. KLATZKOW: Yes, it is.
CHAIRMAN TAYLOR: Okay.
MR. KLATZKOW: Well, no. This is transmittal, right? So
transmittal only needs three. Ultimately, it will need four.
CHAIRMAN TAYLOR: Okay.
MR. OCHS: Go ahead, sir. If you'd state your name for the
record, please.
MR. HOOD: Sure. Frederick Hood with Davidson Engineering.
I'm representing the applicant, Vanderbilt Commons, LLC, for the
Growth Management Plan transmittal.
I'll keep this pretty brief. I think you've all read the staff report
and have heard about the project either from us or from being
contacted by the neighbors.
So the purpose of the Growth Management Plan amendment for
this property -- and let me just give you a little background of where it
is first so everybody can understand that.
We're just west of the intersection of Collier Boulevard and
Vanderbilt Beach Road. As you can see on the visualizer, we have a
location map there. I'll put an aerial as well so you have a little bit
better of an idea what it looks like.
So we are discussing the Collier Boulevard/Vanderbilt Beach
Road commercial subdistrict and, particularly, we're discussing the
expansion area of that subdistrict. We create -- this subdistrict
expansion area was created back in 2005, and it's about 15 acres. The
actual acres is 14.992.
April 11, 2017
Page 49
So what we're asking for to start is we have a scrivener's error on
the original language in the subdistrict for the expansion area.
The original square footage that attributed to this expansion area
was 150,000 square feet. That was left out of adopted language. So
what we're asking for initially is to correct that problem and put that
150,000 square feet back into the actual subdistrict language.
The second thing that we're asking for is an additional 50,000
square feet that will bring the expansion area up to 200,000. What that
does is, when we looked at a self-storage use in 2014, we were starting
to look at what we would put on this property. We wanted to see what
comparable uses would be good to add to what was already approved.
Self-storage wasn't specifically outlined in the PUD or the
subdistrict, so we asked staff to review the use and say whether it was
comparable or comparable (sic) to the uses that were already approved.
Staff agreed, we went through a Hearing Examiner application,
and that was approved subsequent in October of 2014.
Moving forward, the self-storage -- Midgard Self Storage is out of
ground now and is constructed on Lot 4. It's in the northwest corner of
this expansion area that we're discussing. That project took up about
95,000 square feet of our 150,000 allowable.
What's important that we should talk about really quickly on that
is that the self-storage facility sitting next to all of the other approved
uses inside of this PUD in this expansion area of the subdistrict is far
less intense than any of the retail or commercial uses that we've
already looked at. This 50,000 additional square feet is sort of
offsetting that self-storage facility.
The combined 200,000 square feet that we have planned for with
that self-storage facility and the rest of the uses not changing, we have
actually less amount of trips transportation-wise to move forward with
this project, so that's why we felt comfortable asking for the additional
50,000.
April 11, 2017
Page 50
The third thing that we were asking for within this GMP revision,
inside of the language there was also language about transportation,
and it literally had to do with Vanderbilt Beach Road. We couldn't
build a certain amount of square footage before Vanderbilt Beach
Road was widened. It's since been widened. It no longer needs to be
in the subdistrict language. We've pulled that out.
Those are the three big things that we've asked for in this
amendment that you should be aware of. I'm just making sure that I'm
not missing anything for you.
And the last thing, inside of the language that we've gone over
with staff there's been some reordering of paragraphs, not text changes,
but just reordering to make it a little bit more consistent and make
sense. So what we did was at the end of the language we discuss how
much actual square footage is in.
So we fix the 150,000-square-foot issue, added the 50,000 to it, so
we're at 200,000 for the expansion area. We also have just defined that
we have 200,000 square feet for the Mission Hills PUD, which is just
west -- or I'm sorry -- just east of this expansion area.
And then at the end of that, we say that we have a total of
400,000. That wasn't discussed in the language previously. So now
it's crystal clear how much square foot is available inside of the
subdistrict and where it goes between the expansion area and the
original area.
And with that, I'll either open it up to questions, or staff can give
you your staff report.
COMMISSIONER SAUNDERS: Madam Chair, could I get the
presenter to explain that last issue.
MR. HOOD: Absolutely.
COMMISSIONER SAUNDERS: I missed what you were saying
there, the 400,000 square feet.
MR. HOOD: Yes, sir. So we have a total of 400,000 square feet
April 11, 2017
Page 51
in the overall Vanderbilt Beach Boulevard/Collier Boulevard
subdistrict.
COMMISSIONER SAUNDERS: The 150,000 over and above --
I'm sorry. You're going to 200,000, and you have a total of another --
you have a total of 400,000, so that extra 200,000, is that already built,
or is that --
MR. HOOD: It's already accounted for. I'm not sure if it's
actually built on Mission Hills, but Mission Hills has 200,000 available
for them to build.
COMMISSIONER SAUNDERS: And that's not your client's
property?
MR. HOOD: That is not our client's property. Mission Hills is
here on the corner.
COMMISSIONER SAUNDERS: Okay. All right.
MR. HOOD: That has 200,000 available to it, and then we're
doing 200,000 available here.
MR. OCHS: Madam Chair, we'd like to have a brief staff
presentation, if we could.
CHAIRMAN TAYLOR: Yes, that's fine.
MR. BOSI: Good morning, Commission. Mike Bosi, Planning
and Zoning Director.
Staff has reviewed the petition and provided a recommendation of
approval in line with the Planning Commission's recommendation.
The Planning Commission voted 4-1 to transmit -- or a
recommendation to the Board of County Commissioners to transmit
this to the Department of Economic Community. As noted earlier on,
this is only a transmittal hearing. It will be coming back to the Board
of County Commissioners after review from the state and then for a
final adoption. At that period of time, the PUD amendment will be a
companion item to the GMP amendment.
Of note, when the Planning Commission did make their
April 11, 2017
Page 52
recommendation, they let it be known to the applicant that their
primary concern was going to be the specific uses and the specific
restrictions upon uses of drive-through restaurants, fast-food
restaurants that's currently in the language. That is going to be
expected to be explicitly provided for within the PUD amendment how
those restrictions are going to be applied related to the drive-through
restaurants. That was primarily some of the concerns that were
expressed at the Planning Commission hearing.
Staff is in line with the Planning Commission's recommendation
of supporting the petition with the focus upon the PUD when it does
come back at the adoption stage.
Staff would entertain any questions that the Board may have.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: Just a couple. In terms of the
50,000 square foot, or rather the scrivener's error that should be
150,000, there's no question that that was a scrivener's error? There's
no debate about that, I'm assuming?
MR. BOSI: No, there is no debate about that.
COMMISSIONER SAUNDERS: So the real issue for us, then, is
whether or not to add the 50,000 square feet to --
MR. BOSI: That is the nature of the request; 50,000 additional
square feet.
COMMISSIONER SAUNDERS: And the rationale for that is
that by building the storage facility, that reduced traffic impacts, and
this would sort of bring it back up to what the initial traffic impacts
were anticipated to be.
MR. BOSI: That, and the intent of the subdistrict was to bring
that convenient shopping in closer proximity to the residential units
within the localized area, and we understood that the 95,000 square
foot that's currently allotted to the self-storage consolidated a lot of
those opportunities. So the 50,000 square feet is to provide for that
April 11, 2017
Page 53
convenience shopping.
COMMISSIONER SAUNDERS: I met with the petitioner
yesterday, and it seemed to be a fairly clear issue in terms of what they
were asking for, and then I met with the surrounding property owners,
and it became a little less clear. And I was concerned about a
comment that was made on the record by the County Attorney that this
whole development area, not just your project, but the whole area
there, I think it was sort of described as a bit of a mess because of an
agreement dealing with the traffic light and cost-sharing agreements
and that sort of thing.
MR. KLATZKOW: Yes.
COMMISSIONER SAUNDERS: And I'm wondering -- and I'll
just pose this as a question as to whether -- obviously, we've got to
hear from the public and everything, but is this an issue that should be
sent back to the property owners, the applicant, and the other owners
there to try to figure out what is a fair solution to some of the issues
that are being raised?
MR. KLATZKOW: This is transmittal, so it's going to be coming
back. After the State has their comments, it will come back to the
Planning Commission. My expectation is that the Planning
Commission should be addressing those issues at that point in time,
and then it will come to the Board, and you can address those issues at
that point in time.
COMMISSIONER SAUNDERS: So from your perspective, it
would be appropriate to send this on up for transmittal --
MR. KLATZKOW: Yes.
COMMISSIONER SAUNDERS: -- but when it comes back,
that's when these issues will have --
MR. KLATZKOW: I think those issues need to be hammered
out.
COMMISSIONER SAUNDERS: Because I think I'd like to at
April 11, 2017
Page 54
least send a message to the applicant that after having looked at the
cost-share agreement and the developments around there, I've got a
serious concern with how this is all playing out. And you've already
got one commissioner that's conflicted out. You're going to need four
votes when this comes back. And I want to see some fair resolution
before I can vote to support any changes.
Obviously, the scrivener's error and that sort of thing I can
support, but the addition of the 50,000 square feet, that may be a
problem for me unless we get some of these other issues worked out.
MR. OCHS: Madam Chair, you have registered speakers, I
believe.
CHAIRMAN TAYLOR: Do we have speakers?
MR. MILLER: Yes, ma'am. We've four registered speakers for
this item. Your first speaker is Steve Bracci, followed by Terrie
Abrams.
COMMISSIONER McDANIEL: Good morning, Mr. Bracci.
MR. BRACCI: Good morning, Commission. My name's Steve
Bracci. I'm the Attorney on behalf of Black Bear Ridge Owners'
Association who has several speakers here today.
This item did come before the Planning Commission, as was
mentioned earlier and, essentially, there are sort of three buckets of
issues on this. And in terms of the actual item before you and the
matter before you, which is the increase of intensity for an additional
50,000 square feet, Black Bear Owners' Association does not
technically have an issue with that per se, but it notes that the history
on this matter has been rather piecemeal over the years and, therefore,
as Commissioner Strain pointed out and as Mr. Bosi just pointed out
this morning, when this comes back as a companion item for adoption,
ultimately, it will be alongside the PUD amendments for specific
locational issues.
And so there are some very important things that my clients will
April 11, 2017
Page 55
point out today that they want with respect to locational issues of the
uses, intensities of uses, types of uses, particularly the definition of
what a fast food drive-through is, which is prohibited, and whether or
not that includes a coffee drive-through on the corner, and they have
some specific examples of why they're concerned about that.
The issue -- back in 2014 this matter was brought before the
Hearing Examiner, and there was a compatible-use determination,
which is how this 95,000-square-foot storage facility got approved. But
understand from the perspective of my clients who, by the way, are
immediately -- immediately north of this property line, this property,
under the cost-sharing agreement, which was just referenced by Mr.
Saunders, it actually -- there was not just a PUD document that defined
the uses. There was actually also a cost-sharing agreement, and it said
that in the location where we now have a three-story miniwarehouse,
that was supposed to be specialty retail.
So we could argue about whether this miniwarehouse facility, you
know, has a comparable use for a traffic perspective, but when you
look at the contractual agreement that existed between this property
owner, this applicant, and the predecessors of my property owners,
they had actually discussed the fact that this would be specialty retail,
and that was what was agreed to.
So it is what it is. That can't be redone at this point. But keep that
in mind, because my clients do have some concerns here going
forward about what these uses should be.
Additionally, Mr. Saunders' comment, it's encouraging to hear
about looking at the proportionate share costs for the intersection
improvements and the traffic signal improvements pursuant to that
agreement. But, Mr. Saunders, I just want to point out one thing; that
when Mr. Klatzkow addressed this issue, part of that proportionate
share solution, we believe, is that the county may have to chip in as
well. So I'm not sure that if we could just have these private parties get
April 11, 2017
Page 56
together and figure this out when, in fact, this Pristine Drive loop road
was designed as an alleviator so that the Vanderbilt Beach Road and
Collier Boulevard intersection is not over-capacitated.
And, really, the growth that's occurring out there and the use of
this road and the necessity of this intersection, we argue, has more to
do with the 400,000 homes still to be built out east along Immokalee
Road than anything that these folks who live along Pristine Drive have
done to cause that.
So in terms of proportional use, we would argue that it's really a
public use and that to put this on these homeowners along this segment
at this point in time may be an inordinate burden that really should be
shared by the public as a whole.
CHAIRMAN TAYLOR: Thank you.
MR. BRACCI: Thank you.
MR. MILLER: Your next speaker is Terrie Abrams. She'll be
followed by Beverly Smith.
MS. ABRAMS: Good morning. My name is Terrie Abrams, and
I'm going to assume that you've read the letters and petition submitted
by the residents of Black Bear Ridge. We are 100 homes directly
behind the property that we are talking about today.
The situation at hand has been created because the dots were not
connected between the parcels of the land when ordinance revisions
were permitted. Decisions have been done in a vacuum with
department mental blinders on.
Today's discussion is greater than just the density change, and by
continuing this piecemeal planning approach, it only further adds to the
can of worms.
Mistakes have been made. Mistake No. 1 was the county allowed
the owner to build a storage facility without consideration of the
residents, as there were no residents at the time, yet there was a
neighborhood meeting, but that would be really hard to get attendance
April 11, 2017
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since the homes weren't built yet.
It seems very odd and not at all compatible to have a storage
facility in the midst of a plaza with restaurants, soft retail, and medical
offices. There's no synergies. It was all strictly done on traffic
intensity.
Mistake No. 2 we've kind of covered, so I won't beat that one. It's
about the CSA in regards to the roads. It's also about reducing removal
of preserves, which we are all stewards of our wildlife and natural
environments.
We also have coming up limited housing density because it
doesn't fit with the plan for the area. There is already a high density
development in the immediate area, and the county in 2007 established
a density that mirrors the CSA.
Finally, dictates land usage, which we discussed, meaning the
area was for moderately upscale housing and the businesses allowed
were to enhance quality of life for those residents in the near
proximity, walkable and safe, not fast food drive-throughs which are
already in the area improperly separated from homes.
The county needs to now look at traffic safety in the area prior to
granting any future modifications. If not, the Genie's never going to go
back in the bottle. Vanderbilt Commons could be 200,000 square feet
of retail space sitting on 15 acres with no buffers to residential property
while Mission Hills is 200,000 square feet of retail sitting on 33 acres;
double, with the lake, preserve, and roads that buffer their retail
environments from residential property.
The county created the problem, needs to own and take corrective
actions today before the situation escalates. How we got to this point
that negatively impacts us isn't important. What is important is for the
county to find a remedy for the residents of Naples who chose to live
here having faith in the county to maintain the beauty and livability of
Naples. If people want congestion, they'd be going to the other coast.
April 11, 2017
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Letting this go through today without stipulations of land uses and
further density changes sends a very bad message to the residents of
Naples.
CHAIRMAN TAYLOR: Thank you. Thank you very much.
MS. ABRAMS: Thank you.
MR. MILLER: Your next speaker is Beverly Smith. She'll be
followed by Marc Allen.
MS. SMITH: Good morning. My name is Beverly Smith, and
I'm a full-time resident at 7278 Acorn Way in the community of Black
Bear Ridge, and we're located on the north property line of the
Carolina Villages, also known now as Vanderbilt Commons.
I'm here today to address the Commission regarding the
application by the developer to increase the allowable square footage.
My comments will focus on the application; however, there are
circumstances in relation to this increase that need to be a part of the
conversation.
As we know, the reason for the application is due to the county
approval of a 94,000-plus square foot warehouse unit that has been
constructed on the property. This ultimately consumes 65-plus percent
of the allowable 150- original square footage that was permitted by the
county.
The original concept of our vision of the county was that Carolina
Villages, or Vanderbilt Commons, was to be a pedestrian-friendly
office/retail business model to include 60 residential unit above the
retail.
This moderately upscale accommodate -- was to accommodate
the growth of the residential communities, similar to a Mercado;
however, with the approval and the construction of the storage facility,
this vision has been completely overturned. Black Bear Ridge was in
the beginning stages of development when the administration decision
was made to allow the storage unit. There was no opportunity to voice
April 11, 2017
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opinions.
Logic was that the storage unit would not generate or impact
traffic in relation to the -- relation to an office or retail of similar size.
What was not taken into consideration was the impact on the balance
of the development that would be the financial outcome.
As previously addressed, the approach to alteration has been done
in a piecemeal manner, and future surrounding influences should be
included in the decision-making process. This does not appear to be
the case now. What was to be a Mercato-like pedestrian-friendly
business model has now resulted in nothing more than an indoor
storage warehouse and a strip mall. The developer designed a strip
mall consisting of two phases, a split mall with two buildings facing
Vanderbilt Beach Road. These phases will total approximately 72,000
square feet. With the 95,000 already developed, we're looking at a
shortage of 16,000.
There are two lots on the northeast corner that are still slated as
future development, an unknown at this point. If 50,000 is approved,
that will leave 34- for the future development. Will we be here a year
from now looking for additional square footage for those two lots?
Let's remember the original application was for 100,000. It was
submitted then and then withdrawn. Will the developer be looking to
add another 50- to those back lots when the completion of the front lots
are finished, getting his original 100,000 that he wanted? The storage
unit is completed, and it is what it is, and we can -- we can no longer
address that situation. But we just ask that if you agree to this 50,000
that there be a cap that no more additional square footage will be
allowed on this property and that it will be capped at the 200,000 for
that development or future development.
Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your final speaker on this item is Marc Allen.
April 11, 2017
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MR. ALLEN: Good morning. My name is Marc Allen; I'm a
Florida resident. I reside in Black Bear Ridge. I'm speaking today
because I'm concerned about how there has been a drift away from the
original plan of the development for our neighborhood and about
issues related to increases in traffic congestion, noise, pollution,
negative impacts on quality of life, as well as property values.
Another major --
MR. OCHS: Sir, just slow it down just a bit.
MR. ALLEN: I wanted to make the three minutes.
MR. OCHS: You will.
MR. ALLEN: Okay. Another major factor is the impact of a
cost-sharing agreement that impacts us which the County Attorney
recently characterized as a train wreck. I'm not opposed to
development, so my statements should not be construed in any way
opposing development, but development at its best is planned and in
keeping with the needs and desires of the community. It's your job to
determine this.
If you haven't read the minutes from the February 16th, 2017,
Planning Commission, I hope you would with particular attention to
Pages 16 and 17.
Wolf Creek residential PUD was filed in 2001. It was to consist
of three moderately upscale residential communities, and Black Bear
Ridge is the smallest, consisting of 100 townhomes built out. Mission
Hills CPUD followed in an ordinance where ordinances were passed in
2003.
In 2004, two private cost-sharing agreements were entered into
just before Carolina Commons MPUD was approved in 2005.
Carolina Commons was to be a mixed residential light-retail
development. It was, quote, intended to create a pedestrian-friendly
atmosphere that encourages area residents to work and shop there and
on-site workers to walk to other services, such as having lunch within
April 11, 2017
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the project. It was to create a, quote, neighborhood focal point, high
traffic-generating businesses such as gas stations.
Conveniences stores, gas pumps, food -- fast food restaurants
with drive-through lanes, and tire stores were strictly and specifically
prohibited.
As noted in the Planning Commission minutes, and I quote, this
little shopping center in front of Black Bear, this was supposed to be
just, like, personal uses for the residential use. Some restaurants, hair
cutting place, that sort of thing. That's what was explained to us with
the way this was going to develop. It was going to be a neighborhood
little place. It was not quite developing like that, end quote.
So what happened? It seems different agendas and a piecemeal
approach ignoring the original plan produced a different result. First of
all, the county became concerned about increased traffic on Immokalee
being shunted down Collier and requiring a loop road connection from
Wolfe Road to Pristine to act as a bypass. Quote, this is not an
accident, this entire loop road, end road.
In addition, the county required developers at Carolina Commons
and Sonoma Oaks MPUDs to structure their site plans to include
connector roads between the local inner and outer loop roads. The net
effect of this requirement was a traffic configuration at Carolina
Commons that can best be described as two strip malls with a racetrack
running down the middle.
CHAIRMAN TAYLOR: Thank you. Thank you very much, sir.
Okay.
MR. OCHS: That's all the public speakers?
MR. MILLER: Yes, that's all of our public speakers.
MR. OCHS: Madam Chair, just before the Board deliberates, a
couple of housekeeping items. You have a -- you have, I'm told, 15
speakers registered for public comment.
MR. MILLER: That is correct, sir.
April 11, 2017
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MR. OCHS: Okay. And we need also a brief break at some point
here fairly soon for your court reporter.
CHAIRMAN TAYLOR: I was looking at the clock. I'm thinking
this would be a perfect time to have a break.
Commissioner McDaniel, will you --
COMMISSIONER McDANIEL: I'm fine.
CHAIRMAN TAYLOR: -- hold your comments till we come
back?
COMMISSIONER McDANIEL: I'll try to remember, yes,
ma'am.
MR. OCHS: Ten minutes, ma'am?
CHAIRMAN TAYLOR: Yes, thank you.
MR. OCHS: 10:57 we'll be back.
(A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mike.
CHAIRMAN TAYLOR: Thank you very much. Okay. So we're
here. We've heard from staff, we've heard from the petitioner, and
now we're at Commissioners' discussion, which I cannot partake
because I have a conflict.
Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. I just wanted to make a
point of clarification in that what we're actually voting on today is part
of the process. The petitioner has to provide for specificities with
regard to the use requests, square footage requests, and the like. We're
not necessarily approving or disapproving the 50,000-square-foot
increase. We are not necessarily approving or disapproving the uses as
per the existing PUD. Those are all going to come back through the -- I
see shift change at the microphone.
Am I on track, Mr. Bosi?
MR. BOSI: Commissioner McDaniel, yes, you are, sir. This is a
transmittal hearing.
April 11, 2017
Page 63
COMMISSIONER McDANIEL: Correct.
MR. BOSI: You're approving -- or not approving. You're
recommending transmittal to the State for their review.
COMMISSIONER McDANIEL: Correct. And just to offer a
level of assurance to the residents, I, too, have received a lot of emails
and concerns with regard to the use request, the cost-sharing agreement
and so on. We hear those things, but it -- rather than -- and that's -- the
only real way to remedy those is to deny this request to send it up, and
I'm not looking -- I don't think that's a good idea at this stage.
So I would like to offer up that we have heard we are listening,
we will move through the process, but this is the beginning of that
process, just -- I wanted to make that point of clarification.
MR. KLATZKOW: By transmitting to the State, you are making
no opinion --
COMMISSIONER McDANIEL: Correct.
MR. KLATZKOW: -- as to how you feel about this.
COMMISSIONER McDANIEL: I can voice an opinion.
MR. KLATZKOW: Yes, but for the residents' purposes, the
Board is making no determination as to ultimately what it will be
doing here. You're just sending it to the State for their comments to
come back.
COMMISSIONER McDANIEL: Right.
CHAIRMAN TAYLOR: All right. The County Attorney has
opined that I can lead this discussion, which I have been doing, but I
cannot vote on it, so if we don't have any more discussion, do I hear a
motion?
COMMISSIONER McDANIEL: I'll make a motion for approval
per the executive summary and the Planning Commission's
stipulations.
MR. HOOD: Madam Chair? I'm sorry. Before we move
forward with the motions --
April 11, 2017
Page 64
CHAIRMAN TAYLOR: Excuse me. We're in the middle of a
motion. Do I hear a second to that motion?
COMMISSIONER SAUNDERS: Madam Chair, I'm going to go
ahead and second the motion for a couple reasons. One, I don't believe
there's a particular problem with the extra square footage, but I do
believe there's a problem with the piecemeal approach that's been
going on in this community in terms of development and requests for
additional square footage, requests for additional things, but also the
cost-sharing agreement.
So I don't want my second of this motion, if the motion passes, to
be an indication that I am supportive of going forward with this overall
project because at this point I'm not, because there seems to be some
significant unfairness about what's going on there.
So I'm supportive of moving this up to the next level, but I hope
that that generates some dialogue amongst not just the community of
the folks that spoke today but the surrounding properties that have
some impacts or have some -- that are impacted by that cost-sharing
agreement.
CHAIRMAN TAYLOR: All right. We have a motion on the
floor a second.
Mr. Hood?
MR. HOOD: I just wanted to make some -- I was going to make
some clarifying points, but at this point we're good.
COMMISSIONER McDANIEL: If I might, just as a point of
discussion, Madam Chair, I beeped my light. And, Commissioner
Saunders, you weren't here right when we came back from the break,
and I did express similar concerns and delineated what we were, in
fact, voting on, we weren't for or against. And I wanted to make sure
that you knew I was in concert with what you were saying, so...
COMMISSIONER SAUNDERS: Great.
CHAIRMAN TAYLOR: Okay. All right. There's a motion on
April 11, 2017
Page 65
the floor to approve for transmittal and a second. All those in favor,
say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: And I abstain. Four-zip. Thank you.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Madam Chair, if it pleases the Board, we could
move to Item 7, which is public comments on general topics not on the
current or future agenda. We have how many registered?
MR. MILLER: I have received one more. We now have 16
speakers on public comment. Your first speaker is Judi Play -- Palay,
excuse me. She has had additional time ceded to her from Richard
Wilson. If Mr. Wilson is here and can raise his hand that he is ceding
time. Thank you. She is also being ceded time by Henry Taylor. If
Mr. Taylor could -- I see his hand. Thank you very much.
Ms. Palay will be followed by Patrice -- Patricia Bonser. If I
could have her waiting at the other podium.
Ms. Palay, you'll have a total of nine minutes.
MS. PALAY: Thank you. I won't take it all, I promise you.
My name is Judi Palay. I am a resident in Glen Eden, North
Naples, and have been a homeowner there since 2002.
More than a year ago I came before you asking you to please
April 11, 2017
Page 66
uphold the settlement agreement regarding the Cocohatchee Bay PUD,
Kalea Bay, and the property on the east side of Vanderbilt Drive. Even
though it is a less-than-perfect document, you agreed that it should not
be re-opened.
That agreement and the Site Development Plan allows five towers
to go up on the west side of Vanderbilt Drive. Incidentally, the height
of those, while listed at 200 feet each, is really 220 feet when the
height of the two levels of garages are added.
Aqua, next door, is 11 stories. Arbor Trace, on the other side, is
17 stories. The Dunes is 203 feet. Five of these massive towers?
Does that maintain the integrity of our neighbors on Vanderbilt Drive?
I think not.
We will have a wall of cement instead of beautiful sunsets. This
is not the first time that the developer has sought a different set of rules
for his projects. Unfortunately, most times the community did not
learn of these until it was too late.
Minutes from some of the planning staff meetings back up our
assertions. It was even suggested to him to skew the buildings to
enable them to change the distances between. Other communities did
not have the protection of the settlement agreement and PUD.
Planning staff has severely altered those previously approved
plans, changing the building widths 50 feet wider for each building and
the distance between the parking structures down to less than 75 feet.
And along the way, the placement of the buildings, lake, and some of
the amenities have changed as well.
Apparently, you, our commissioners, were unaware of these
changes. You were circumvented. When we brought each of you a
copy of the letter from our attorney sent to Count Attorney Jeff
Klatzkow, each of you said you had not seen it. That letter was to let
you know of some of the changes that were being requested for
Buildings 2 to 5. Building 1 is already up. That one got moved 60 feet
April 11, 2017
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closer to Aqua.
The other changes are not what was approved in the SDPs and are
not minor cosmetic changes. In addition, on March 30th, under the
Florida Freedom of Information Act, we requested information from
our County Attorney, County Manager, Hearing Examiner, Growth
Management Department Head, Zoning Division Director, and the
Development Review Division Director to learn where else exceptions
had been made to building spacing by doing questionable skewing to
get spacing reductions.
We citizens wanted to present a fair and accurate report to you. A
week later, no response except from Attorney Klatzkow who knew of
no relevant legal suits.
We are urging you on your next agenda to have discussion on
Amendment SDPA-PL2016000242 and allow the many issues it raises
to come into the daylight. Please do not allow approval before this
open discussion can take place.
In addition, we ask you to please review the LDC Subsection
10.02.13.D.5, which states that: In support of its recommendation, the
CCPC shall make findings as to the PUD's master plan's compliance
with the follow criteria, which is then shared. This is from the
12/18/2014 CCPC agenda.
While part of this subsection talks about rezoning, shouldn't the
same criteria be applied before making any substantial changes? The
rezoning findings, LDC Subsection 10.02.08.F, states, quote, when
pertaining to the rezoning of land, the report and recommendations to
the Planning Commission, to the Board of County Commissioners,
shall show that the Planning Commission has studied and considered
proposed changes in relation to the following when applicable.
I would like to emphasize No. 6, whether the proposed change
will adversely influence living conditions in the neighborhood; No. 9,
whether the proposed change will seriously reduce light and air to the
April 11, 2017
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adjacent areas; No. 10, whether the proposed change will adversely
affect property values in the adjacent area; No. 12, whether the
proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare; and, finally,
No. 18, such other factors, standards, or criteria that the Board of
County Commissioners, the BCC, shall deem important in the
protection of the public health, safety, and welfare. These are logical
criteria that make sense to consider under any circumstance.
I would offer to you a very rough look at proportional building
spacing at 200 feet. That is the distance between Aqua and Kalea Bay.
Do we have that chart, please?
That is the distance between Aqua and Kalea Bay Building 1.
Then, please note what it would look like, the entire black paper being
the width of the building in Kalea Bay, and please note the width with
50 feet added. That's the red, which adds 20 percent on versus the
height when the distance is 100 feet. And, again, please note that the
parking structures would be less than 75 feet apart.
So, once again, we ask you to please protect your constituents
from overreach which continues to threaten our neighborhoods. Thank
you.
MR. KLATZKOW: Commissioners, I have to interject. We
have a process. The process is, at this point, in the Site Development
Plan stage. Mr. Bosi can speak on that.
There have been no decisions. We are still in the Site
Development Plan phase.
What's going to happen is, ultimately, there will be a Site
Development Plan, at which point in time, the residents, if they don't
like it, have an administrative remedy of appealing it.
I have been in litigation with this developer before, all right.
Having this conversation now is not going to help with the later
litigation, all right. We are too soon in the process to be lobbying the
April 11, 2017
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Board for their position, okay. That comes through an administrative
appeal where the developer has the ability to be here.
And, quite frankly, I would suggest we take no further action on
this, all right, that we have no further people on this, because they're
asking you to do something you can't do, all right.
It's simply not ripe yet for your determination.
MS. PALAY: May I just respond to only one thing? For us to do
an administrative appeal is over $2,000. We're not asking you to make
a decision. We're asking you to please put it on an agenda so that we
can then have an open discussion. We have a settlement agreement.
That agreement, which the Board of County Commissioners is
supposed to uphold unless they have a supermajority to break that, is
not our responsibility.
CHAIRMAN TAYLOR: Ms. Palay, unfortunately, we have a
process, and that process has been outlined by our County Attorney.
We have to follow the process that we have because, as our County
Attorney has said, we have been in litigation with this developer
before, and the law requires it.
We can't hear anything until such time as the Site Development
Plan has been submitted, and at which point you as the public have an
opportunity to challenge that and at which point we will hear it.
I do not believe at this point we should even comment on
anything based on --
MR. KLATZKOW: You have nothing to comment on. Staff is
still in the process of working with the developer.
CHAIRMAN TAYLOR: Right.
MR. KLATZKOW: And I've spoken with some of the residents,
and I've suggested that they get with the developer and try to work
everything out amongst themselves at this point in the proceedings. It
is not in the developer's interest to have a challenge to their Site
Development Plan. Now is the time for everybody to get together and
April 11, 2017
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try to resolve it.
Now, the developer can be difficult, all right, to put it mildly, all
right. But having said that, this is the time for the residents to be
talking with the developer. And if they can't get anywhere, they have
their remedy to come to the Board after the Site Development Plan has
been through the staff process.
CHAIRMAN TAYLOR: Thank you.
Commissioner McDaniel?
COMMISSIONER McDANIEL: You can turn off my light,
because you and the County Attorney said what I was about to say. I
didn't hear the -- this item, these items, I don't know, are -- we're not
allowed to vote on these things without them being publicly noticed
and processes and so on and so forth. There is, in fact, a process. We
have to go through the process.
The citizens have a right; that's the reason we have public
comment on general topics not on the current or future agenda, and
citizens have the right to express those concerns. So I suggest as has
been suggested, we follow the process.
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: Well, I was just going to say about
the same thing. Citizens have a right to make public comment. And
just because it might be discussed later or whatever doesn't mean that
we can't listen to the citizens now. That's the way I feel. I mean, they
have a right to comment on it and express their concerns and possibly,
at some point in time, that will help either them or help them to get into
negotiations or whatever, but I'm willing to listen.
MR. KLATZKOW: They have the right to speak, ma'am.
COMMISSIONER FIALA: Okay.
MR. KLATZKOW: But there's a timing issue. The question is,
do you want to hear them now when the developer's not here and this
is not the process, or do you want to hear them during the process?
April 11, 2017
Page 71
COMMISSIONER FIALA: But we can't make a decision
anyway. We're just listening. I mean, there's nothing we can do.
MR. KLATZKOW: My counsel is at this point in time you move
on to your next item.
CHAIRMAN TAYLOR: I am acutely aware of the importance
and yet the restriction of the law; I'm acutely aware of it, and it's
frustrating. I can't tell you how many times I've wrung my hands
talking to county and city attorneys about tell me why, present
company excepted here, because I have two sitting next to me.
And when you're -- as much as I want the public to hear and as
much as I've listened to you in the office, I am concerned -- now, I'm
one person up here. I am concerned that this will jeopardize any future
action that you may have.
COMMISSIONER SOLIS: Yep.
CHAIRMAN TAYLOR: I'm very concerned about that. So as
much as it's difficult for me to say I don't want to hear you, I don't want
to hear you because I want to hear you when the time -- when it's ripe,
when the time is ripe. And I will bow to my colleagues here;
Commissioner Solis and then Commissioner Saunders.
MR. KLATZKOW: And there is no reason why the community
can't speak to you individually during your office hours. It's just in this
particular environment I don't think it's appropriate at this point in
time.
CHAIRMAN TAYLOR: Thank you.
MS. BONSER: Can I just raise a question?
CHAIRMAN TAYLOR: No. Just -- I'm sorry.
COMMISSIONER SOLIS: Very quickly. And I'm sensitive to
the public being able to come and address the Commission, and I'm
sensitive to the fact that there's a process, there will be public hearings,
and there's an administrative appeal process as well. I understand all
that.
April 11, 2017
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And I've spent a lot of time speaking with the owners, but if we
can speak to them in our office, why can't we just listen to what they
have to say today? I mean, I don't know how we can tell them not to
speak.
MR. KLATZKOW: Commissioners, at the end of the day, they
are publicly lobbying you, okay?
COMMISSIONER SOLIS: Right.
MR. KLATZKOW: And what is going to be alleged down the
road is that there have been pressures on staff during the site
development process to do things a certain way, all right. And that's
the concern here, all right.
This is a litigious developer we are dealing with, okay. We spent
an awful lot of time and money the last go around to get that settlement
agreement. And I do not believe that this is a good idea, and I see no
good coming from this.
COMMISSIONER SOLIS: Okay.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SOLIS: The County Attorney --
COMMISSIONER SAUNDERS: Madam Chair, I've sat in that
chair that Mr. Klatzkow is sitting in and have given advice to
commissions and councils and had them not follow it, and that's very
frustrating when you're a County Attorney trying to keep your client
out of trouble.
So I think the best course of business is to follow the advice of
our counsel. I think every one of us wants to hear everyone in the
public, and we've made no -- we had no hesitation in inviting the
public to participate and encouraging it. But when the County
Attorney says we need to stop, then we need to stop.
COMMISSIONER SOLIS: Fine.
CHAIRMAN TAYLOR: And please note that we -- that this
commissioner -- and I'm not going to speak for my colleagues -- will
April 11, 2017
Page 73
be more than happy to hear you in my office, and we will make sure
that there's time enough to do that as a group. If you wanted to come
in as a group, we do have a conference room here.
MS. BONSER: I just have one question to ask, though. Maybe
this isn't the right forum. I understand we're not being asked to speak
now because of future SDP plans, but Tower 1 has already been built
against -- one SDP has already been changed. That was the biggest
issue, that we want to make sure it doesn't happen again.
CHAIRMAN TAYLOR: I think what we could do is take your
question to our County Attorney individually, and then when you meet
with us, we'll be able to respond to your question on that. Thank you.
MS. BONSER: Thank you.
CHAIRMAN TAYLOR: Your question is duly noted. Thank
you.
MR. MILLER: Madam Chair, the only speakers I had on public
comment were related to this same item, so that is all I have.
CHAIRMAN TAYLOR: All right. Thank you.
MR. KLATZKOW: And the community will be notified
throughout the entire process. This is not going to be a situation where
they're going to be, in any way, not notified or not aware of what's
going on. We will do extra diligent notice provisions on this.
CHAIRMAN TAYLOR: Thank you.
Item #11A
RECOMMENDATION TO APPROVE A RESOLUTION
ADOPTING THE PROPERTY ASSESSMENT CLEAN ENERGY
(PACE) PROGRAM WITHIN THE UNINCORPORATED AREAS
OF COLLIER COUNTY FOR RESIDENTIAL AND
COMMERCIAL PROPERTIES AND APPROVE A STANDARD
FORM MEMBERSHIP AGREEMENT WITH PACE PROVIDERS
April 11, 2017
Page 74
- MOTION TO CONTINUE TO THE APRIL 25, 2017 BCC
MEETING – APPROVED
MR. OCHS: Madam Chair, that would move us to Item 11A this
morning. This is a recommendation to approve a resolution adopting
the Property Assessment Clean Energy, PACE, program, within the
unincorporated areas of Collier County for residential and commercial
properties.
COMMISSIONER SAUNDERS: And, Madam Chair, this the
item that I would be abstaining.
CHAIRMAN TAYLOR: Okay. Very good. And it requires
three votes, not four, so just let it be duly noted. Thank you very
much.
MR. OCHS: Mr. French will make the presentation.
MR. FRENCH: Good morning, Commissioners. For the record,
my name is Jamie French. I'm the Deputy Department Head for the
Growth Management Department.
Commissioners, this item was originally brought to you in 2010
and failed -- the Board failed to take action on this item due to legal
challenges that were happening in the State Supreme Court.
It was then brought back on November 15th, 2016, once the
Supreme Court had weighed in, and the Board at the time had asked
staff to bring it back for consideration.
Again, this is not a board-directed item. This was initiated by the
PACE providers, and the Board had directed staff to work with the
PACE providers and bring this item back.
I'm happy to answer any further questions that you might have,
and I do know that there are some PACE providers that are here to
speak on this matter.
CHAIRMAN TAYLOR: Commissioner Saunders, your light's
on, but I'm assuming that's from before.
April 11, 2017
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COMMISSIONER SAUNDERS: That was from before.
CHAIRMAN TAYLOR: Okay, good. No questions. So how
many speakers do we have?
MR. MILLER: I have four speakers; two of those speakers are
ceding time to Jay Neal if he needs it. Jay Neal, and he's been ceded
additional time from Jeff Jones. Mr. Jones could raise his hand if he's
here. Oh, there he is. I'm sorry. And Bobbie Dusek. I saw her earlier.
Mr. Jones, you have nine -- or Mr. Neal, rather, you have nine minutes.
MR. NEAL: Yes. Thank you.
My name is Jay Neal. I'm president of FAIR and the FAIR
Foundation. I'm not a PACE provider. We are an organization that
educates consumers and property owners about resiliency issues,
mitigation, hardening wind -- homes and businesses against wind risk.
Just to give you an example of some of the programs that we
have, we issue the CERT badges that emergency providers use to get
in -- to get into disaster areas post-CAT catastrophe. So we have a
great interest in making sure that property owners in the state have the
access to all the tools that they can muster to be able to harden homes
and businesses against wind risk, and we hope to add flood risk and
water reclamation to the existing statute in the future.
Having said that, I think that what we have here is a program
where we've worked with your staff for at least two years, if not a little
bit more, and answered, in excruciating detail, every question that they
had, and they are definitely good representatives for your commission
because they left very little uncovered in their investigation and really
put the PACE providers through a lot of thought process to make sure
that this is a program that is good for residents of Collier County.
Essentially, the program allows property owners to, through ad
valorem tax assessment, do very narrow improvements to their
property. They either -- they're in three categories: Renewable
energy; sustainable energy; and wind mitigation, which is somewhere
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between two thirds and 80 percent of all the PACE projects that have
happened before in Florida.
And so what I'd like to do very briefly is cover some of the
economics. When a homeowner has, you know, old windows and
maybe he's even canceled by their insurance company because they
have a bad roof, this gives them the ability to make that replacement
with a funding source that is fixed rate, that is no prepayment penalty,
and that gives them a planning time where they can make equal
payments that aren't going to change, and they can repay it at any time.
In many cases, the microeconomics are such that between their
electric savings on their energy bills and their state-mandated
insurance discounts, they can often make that investment and pay it
back within a period of three, four, you know, seven years, in a fairly
short, attractive period. This is a program that individual property
owners volunteer, decide that they're -- that they -- it's an additional
arrow in the quiver that they can use to finance these improvements.
From a societal standpoint, the Florida -- or FEMA, the National
Emergency Management people, tell us that every dollar we spend on
mitigation is 5 to $7 in social savings for emergency management
insurance payouts and all those types of things. So it makes sense. It's
also a huge job creator, because all these dollars that we spend on more
insurance go offshore because they're in reinsurance. Half of the
premium that we pay to our property insurance companies goes to
Bermuda and Geneva and London, so it doesn't create any jobs here in
Florida.
By diverting those funds back into the Florida economy, we
create a heck of a lot of jobs. The data is pretty strong: For every, I
think, $10 million invested, it creates 6,000 jobs over 20 years.
We're also taking money from electric savings, which is a low job
creator, and putting that into other segments of the economy, which
creates more jobs. So we believe this is a win-win-win all along.
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There have been court challenges. It has been a successful
program in many areas of the state. I think there's about close to
10,000 residential PACE projects that have been done. There have
been no foreclosures. There have been no -- not anybody's behind.
And why is that? Because property owners are investing. It's not a
swimming pool. It's not a credit card spree. It's something to improve
their property and their safety and the ability to come home to
something after a CAT event.
So that's all I have. I asked for extra time just in case you had
questions, not so that I could go on and on.
CHAIRMAN TAYLOR: All right. Commissioner Solis?
COMMISSIONER SOLIS: Are there any other speakers?
MR. MILLER: Yes. I do have one other speaker, sir.
CHAIRMAN TAYLOR: You had no questions for this speaker?
COMMISSIONER SOLIS: No, not for the speaker.
CHAIRMAN TAYLOR: All right, fine. Thank you.
MR. MILLER: Your next speaker and final speaker registered on
this item is Neville Williams.
MR. WILLIAMS: Thank you. Good morning, Commissioners.
I'm Neville Williams. I live in Lely Resort. I've been here seven
years, 20 years total coming down here.
We were very excited when we heard that Mr. French and his
department were proposing this because this is a program that operates
in 30 states, 16 counties in Florida, 15 cities, and it's -- nationwide it's
funded about $3 billion in energy upgrades, weatherization, and things
like that. It's also creating a great -- a lot of stable work for a lot of
contractors.
PACE has already created an estimated 33,000 new jobs since the
first programs were launched in 2008; 17,000 jobs in California,
Florida, and Missouri.
Energy efficiency is one of them. You know, I know people who
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have homes half the size of ours and pay three times the electric bill
because their house is not, you know, energy efficient. And there's
also the solar energy component. Energy efficient -- energy efficiency
is the largest sector within the U.S. clean energy economy, but solar is
there, and I know a number of solar installers in Fort Myers and in the
eastern coast -- east coast who are -- a bulk of their customers now are
PACE financing -- PACE financed projects.
So they accelerate investments in solar energy and efficiency
because it fills a gap in the market. Customers qualify for PACE based
on the equity of their property, not their income. And it's -- I'm
reading from Renewable Energy Report here. By expanding the base
of financeable projects and making energy efficient -- energy savings
possible for millions of homeowners and small businesses. PACE
brings new private investment into communities that need it, creates
jobs for local contractors, revitalizes neighborhoods by bringing new
life to aging buildings, and it's part of transitioning America to a
clean-energy economy; it's energy savings.
That's just some notes here. I'm almost done.
The main thing is, as the gentleman before pointed out, is while
they can take -- loans for this can be attached to your taxes for 20
years, it's -- the interest rates are higher than if you went to a bank and
got a home equity loan, but sometimes people can't qualify for the
home equity loan, and that also can be a burden and an encumbrance.
When this is an encumbrance, it does convey the loan, or the financing
conveys with the title of the house, you can pay it off and -- early if
you'd like. Already $230 million have been bonded in Florida already,
South Florida, for this.
And so as I said, it's 20 years, it conveys with the property, it
really opens up a whole opportunity for businesses in the renewable
and energy-efficiency business, and I think we need to do it in this
county. The county can afford it, and it's not an encumbrance for the
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county, I don't believe.
Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Madam Chair, I was just handed one more slip
for this item; at your indulgence, Devesh Nermil.
MR. NERMIL: Yes.
Thank you, Commission, for allowing me to speak. I'm with one
of the PACE providers in Florida, one of the four providers for new
financial.
You know, we are slowly starting to, in Southwest Florida, start
to activate our program. And one thing that we notice is contractors
tend to like a contiguous area to work in.
And what I'd like to highlight is the benefits of this program in
terms -- that go beyond, sort of, the idea of just having another option
to finance.
What PACE has been able to do for the market is transform how
contractors actually deliver the products. We actually vet, train,
qualify, and manage the contractor base to ensure that the public
purpose of the Florida State Statute 163.08 is met in the sense that
permits are pulled, products are prequalified, the payments are done
from the providers directly to the contractors and the homeowners
don't get involved with that. They have to clear and sign off, and
there's dispute resolution; seniors get protections. So there's -- in terms
of comparing financial vehicles to get your A/C prepared when it fails
in the middle of the summer, to put in those windows that will give
you insurance premium discounts, as Jay alluded to earlier, this
mechanism gives a level of assurance that you don't get right now with
a HELOC or a credit card or any other type of home improvement
financing.
I just want to make sure that folks are aware of that market
transformation that PACE is bringing to the marketplace. It's only an
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option; it's only voluntary. It's only if you think it's something that can
work for you and if you qualify based on your ability to pay and
equity.
I would like to leave behind some of those consumer protection
type of collateral that is involved. So we hardly even market our
program. Really, it's done through the contractors whenever there's a
need.
I'm happy to take any questions. And I just wanted to remind
everybody about the public purpose of what PACE is -- how this is
created. Our CEO in California actually operated PACE at a time
when they were burying utility lines underground, and he said, well,
how could we apply the model to allow people to put solar on the roof
when there's a public benefit that comes out of that, also a private
benefit that accrues. So that district model is what this is all based off.
And I just wanted to leave these behind, if you don't mind.
CHAIRMAN TAYLOR: I do have a question.
MR. NERMIL: Yes.
CHAIRMAN TAYLOR: You mentioned qualification. How do
you qualify the buyers?
MR. NERMIL: We qualify them based on equity and, you know,
the -- we run a check to see if they've had any --
CHAIRMAN TAYLOR: So you have a widow in a home who is
on Social Security, and she's owned it for umpty-ump years. The
house is worth -- and I can think of one exactly right across from me --
enormous amount of money, but she has no income.
MR. NERMIL: Correct. So we're going to be looking at ability
to pay. And they will --
CHAIRMAN TAYLOR: What do you look at for --
MR. NERMIL: So seniors are going to get a special call out to
see if they -- if they've agreed to it. They actually can agree to the
payments that we're going to disclose to them, that they can actually
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make that payment.
CHAIRMAN TAYLOR: So they actually sign on the dotted line;
that's your prequalification?
MR. NERMIL: No. They get a call to confirm that they are
really able to commit to that financing.
CHAIRMAN TAYLOR: They get a call how? What
information do you take from them? According to the Florida
Bankers' Association, you don't -- you don't prequalify.
MR. NERMIL: We don't use credit score in the same way a
mortgage provider would. We're not trying to put people with a fixed
income in a situation where they can't pay these assessments.
CHAIRMAN TAYLOR: How can I be --
MR. NERMIL: And there's no empirical data to prove that
PACE liens have caused any defaults in the way that you're speaking
of.
CHAIRMAN TAYLOR: That's why Senator Rubio is asking for
a review of the whole program on a federal basis?
MR. NERMIL: Yeah. I'm not going to speak on what Rubio's
doing, but I'm just letting you know the facts from our programs; our
default rates are below .03 or .01 percent in every one of the programs,
and they're not PACE attributed.
CHAIRMAN TAYLOR: According to whose --
MR. NERMIL: According to our own data of our actual --
refinancings have gone through our program. So we monitor --
actually, Mike, you are in a better position to talk about the PACE
transactions you guys monitor if --
CHAIRMAN TAYLOR: That's fine. I have some other
questions.
Commissioner McDaniel?
COMMISSIONER McDANIEL: Commissioner Solis was first.
CHAIRMAN TAYLOR: Okay. Commissioner Solis?
April 11, 2017
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COMMISSIONER SOLIS: Late yesterday I was contacted by
somebody that is involved in this process as well, and the concern --
while I think I would like to understand better the process myself, the
concern was with the resolution I think, which characterizes this as a
loan as opposed to a financing mechanism that's not a loan.
And I just want to make sure that although, number one, the
county doesn't have any responsibility for any of the financing that's
done -- right? I'm correct?
MR. FRENCH: Under the current agreement that has been
provided to the Board for consideration, that is correct.
COMMISSIONER SOLIS: Okay. And, number two, that to the
extent that the resolution -- I mean, does the resolution characterize
this in the appropriate way, because my understanding is is that if it's a
loan, then the collection issue is more in terms of, say, a mortgage as
opposed to the Tax Collector's process that you would -- that the Tax
Collector goes through to collect, you know, either delinquent ad
valorem taxes or non-ad valorem special assessments.
So I just want to make sure that the resolution as presented today
-- and I got this yesterday. I'm concerned that if there's somebody else
there that's concerned that maybe it needs to be worded a little
differently that we word it differently and not create an issue.
And so, I mean, my feeling is is that maybe we need to take one
more look at this and make sure that we all understand as a whole what
this actually means; that it's being done in the best way possible. And
so I think I'd like to see this rolled over to the next meeting and give
me an opportunity at least to understand it better. That's just my
request.
MR. OCHS: Madam Chair?
CHAIRMAN TAYLOR: Yes.
MR. OCHS: If I might also, you're joined this morning by our
Tax Collector, Mr. Ray, who would like an opportunity to address the
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Board on this item.
CHAIRMAN TAYLOR: Yeah.
COMMISSIONER McDANIEL: I was actually going to call him
up. That's on my notes here, so...
CHAIRMAN TAYLOR: Did you have anything?
COMMISSIONER McDANIEL: Oh, I do, yes, ma'am.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: But if you would like to hear
from the Tax Collector first, I'm --
CHAIRMAN TAYLOR: No. Let's hear from you, and then we'll
hear from him.
COMMISSIONER McDANIEL: I was -- in my notes I had
expressed concerns with regard to the agency process, and I -- in the
liability that's put upon our Tax Collector with the collections that
revolve around a PACE program.
I certainly understand the worthiness of the program and the
potential benefits, but I'm not satisfied with regard to the potential
drawbacks as well. I mean, there's -- I've recently received information
about the lack of subordination for these liens that supersede first
mortgages and so on, that one-way communication that came out, and
it had been expressed to me in prior conversations as well.
So I would like to hear from our Tax Collector, though, with
regard to his opinions.
CHAIRMAN TAYLOR: All right. Very good. All right.
Mr. Ray, we'd be honored to hear from you, sir.
MR. RAY: Thank you. For the record, Larry Ray, the Collier
County Tax Collector.
I'm not going to give you any opinions. I'm here today -- I
wanted to come over here and talk to you.
Number one, we already -- you make the decision, and we can
collect the PACE collection. We can do that; that's what we do. It
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would be a non-ad valorem assessment. We'd have to make some
programming changes because this non-ad valorem assessment doesn't
qualify for the discount for early payment. All of the stuff on our tax
bill today does, but we can do that. It's a matter of a program change.
It'd take us a little bit.
I wanted to come over and maybe refresh your memory on the
process in order for you to be able to make a more informed decision
on how this would work if you collect PACE, which we would, under
the Uniform Collection Method. It would become a non -- each -- the
payment to the -- they take out a loan or whatever you want to call it.
It's over 20 years. They would -- the PACE lender would give us an
amount each year that would go on the tax notice. That amount goes
on the tax notice, and away we go. People pay. We've got to separate
from everything else because it doesn't get a discount.
Time passes and become delinquent on 1 April. In June, I'm
going to sell a certificate to an investor who's going to pay me those
taxes and non-ad valorem assessments that are due on that tax notice.
I'm then going to distribute the taxes to you guys, that non-ad valorem
assessment to the lender and away we go. The homeowner now has a
lien on his property superior to any lien to include the mortgage.
Okay. They pay later. When they pay later, they pay me, I pay
the investor back his money, because, remember, he paid all this.
Two years go by without the payment being made, we are now in
the process that is outlined in the Florida Statutes that is fairly rigid
that leads to the house being -- the home being auctioned off by the
Clerk of Courts for the taxes due, and that's the process.
That process -- I see people -- the reason I came over, I have
people in. When these things start, they're looking for relief; they're
looking for relief for not paying their taxes. There is no relief. Once
you get in the certificate process, short of paying that tax notice, it is
going to run its course.
April 11, 2017
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So you need to at least know that rigidity in order to make a good
decision on how this works, I believe. So...
COMMISSIONER SOLIS: Quick question.
CHAIRMAN TAYLOR: Yes, of course.
COMMISSIONER SOLIS: And in that process, unlike with a
traditional mortgage lender, that process doesn't have any ability to --
or allow for any ability to negotiate something down.
MR. RAY: No negotiation; no negotiation. That's the point. We
don't negotiate. We don't take a little now. We don't have a friend
pay. And I don't mean it -- I'm not being -- I'm not cavalier about this.
COMMISSIONER SOLIS: No. That's the way it works with
mortgages.
MR. RAY: The process is the process. And we deal with it all
the time. Sometimes it's not comfortable. And all this means to me, to
tell you the truth if you want one opinion is, maybe I'll have a few
more uncomfortable situations. I don't know that, but that's an opinion.
But what I outlined to you up to now is the way it will be.
CHAIRMAN TAYLOR: No other questions? Serious stuff, isn't
it?
COMMISSIONER SOLIS: It is.
CHAIRMAN TAYLOR: Serious.
So the reason -- the reason that the PACE provider has to come
before us is because of the permission this commission has to give to
be added to their tax bill; is that correct?
MR. KLATZKOW: You're approving the program. That's what
you're doing here. You're saying, yes, Collier County will participate.
The PACE program is a state program, primarily. They're the ones
who created it. What you're doing here is you're saying that, okay,
Collier County will participate in the PACE program and then,
essentially, you're out of it at that point.
CHAIRMAN TAYLOR: We wash our hands like Pontius Pilate?
April 11, 2017
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MR. KLATZKOW: You're not washing your hands. But you're
saying that this is a state-approved program, all right. State legislature
created this. It gives you the opportunity to opt into the program, if
you want to, after which your county manager will enter into
agreements with approved PACE providers. Standard form
agreement's in your package here. But this board will have no further
activity with respect to it.
CHAIRMAN TAYLOR: So if we have an unscrupulous PACE
provider -- and I don't mean to keep looking at the dark side, but I have
to look at that side -- and they don't do what they say they're going to
do and a home -- the certificate -- what -- the certificate -- the
homeowner realizes they can't possibly pay this, and so the taxes go
into arrears?
MR. KLATZKOW: Well, you know, I wouldn't it unscrupulous
because these PACE providers have been vetted. We're here not
talking about fly-by-the-night people here.
CHAIRMAN TAYLOR: Well, let's just say they don't --
MR. KLATZKOW: But what's to happen is this, okay.
CHAIRMAN TAYLOR: Okay.
MR. KLATZKOW: Sooner or later somebody's not going to pay
their taxes. We'll get into another recession. People will lose their
jobs. Now mind you, this PACE add-on assessment is probably just a
small fraction of everything, all right, that they're going to be owing on
their taxes, whether it's the garbage pickup, taxes itself to you, to the
Board of Education, whatever. There's just another add-on.
But it will be part of the unpaid taxes. Whether it's the cause of
the unpaid taxes, that I don't know. It's going to be relatively small or
a portion of the entire thing.
CHAIRMAN TAYLOR: Depends how long the house --
someone's owned the house and whether it's been homesteaded or not,
the proportion, because the cost of this --
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MR. KLATZKOW: Well, that's why you have this program,
because your traditional home improvement loan doesn't supersede the
mortgage or anything else. This is sort of like a super home
improvement loan that's secured by the assessment.
CHAIRMAN TAYLOR: In my deliberations to myself -- and,
again, I'm looking at the dark side -- I keep thinking -- and I know
some folks who have actually replaced the windows in their older
homes, and the cost of those windows has been almost half of the cost
of the value of the house in today's world. It's extraordinary. And I'm
thinking, what a great way to keep the prices high. What a great way to
keep -- to get government into this so that the market doesn't work, and
people realize that costs better come down, or people aren't going to be
able to improve it.
And so they extend this kind of financing to folks that -- my
concern -- and I guess it's more -- not everyone, but there are some
very vulnerable folks, especially the elderly out there that I'm really
worried that this is not going to be the right program for Collier
County. I'm very concerned about it.
But I'm -- I agree that I'd like to move it ahead to answer your
questions. But I think Mr. Ray wants to speak?
MR. RAY: No. You've -- there is one more agreement to sign.
They send me a Uniform Collection Agreement, like I have with
everybody I collect that is not a tax -- like a CDD, I have an agreement
with; the City of Naples I have several agreements with; Marco Island.
I would have an agreement with -- each of these providers, or
lenders, would have to have an agreement where I would agree to
collect the non-ad valorem assessment on the tax bill for a small
percentage. Which, oh, by the way --
CHAIRMAN TAYLOR: It's 2 percent, right?
MR. RAY: -- 2 percent is the maximum.
CHAIRMAN TAYLOR: Okay. And I would think the loans
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were market rate; I would think that's correct? Right?
(No response.)
CHAIRMAN TAYLOR: Okay. All right.
Yes, Commissioner Fiala.
COMMISSIONER FIALA: Yes. So let me just ask a couple
questions. Did I understand you to say that the interest rates on these
loans are higher than you would pay at a bank, right?
MR. FRENCH: Ma'am, what we have found through our
research is, yes, typically they are higher. And just for one point of
clarification, within your agreement we took a very conservative
approach. We primarily used the Miami-Dade model where there is a
requirement within your agreement for PACE providers to come
before you every time.
So if there's a new provider that shows up in town, they must go
into an agreement with the Tax Collector as well as the Property
Appraiser before we vet them and bring them back to you for
consideration.
COMMISSIONER FIALA: You know, I interpret this as
government supporting private for-profit businesses, and that makes
me very uncomfortable, because I don't believe that that's been our
practice ever. And why are we then stepping into that arena? I just
have a real problem with that. Let me see if I have any other questions.
Aren't there other ways for people to get loans that don't have to
go and pay the extra interest and then, of course, have to pay the Tax
Collector as well? Can't they just get loans and maybe even work
through our -- if they're on a low income basis, maybe there are ways
to work through our Housing Department where they provide incentive
dollars for people of the lower income area to upgrade their home.
I just feel -- I feel uncomfortable about this. I don't like
supporting private for-profit businesses through the government.
CHAIRMAN TAYLOR: Commissioner McDaniel?
April 11, 2017
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COMMISSIONER McDANIEL: Yes. I can see a benefit to this
program. I mean, there are people that need assistance that can't get
assistance with the private marketplace. But I am not comfortable in
voting for this with -- for this today and to move it forward.
I would like to make a motion to continue this item so that I have
a little more opportunity to speak with our County Attorney, to speak
further with our Tax Collector about the legal aspects of the lack of
subordination for these liens.
I have additional questions, and I would rather -- I think at this
stage -- I mean, I see positives. I've met with -- I've met with a lot of
folks with regard to this. I can see where there can be a benefit to the
community. There is a segment of our community out there that does
need assistance, can't just go to the bank and get a loan. They do need
protection at the same time as you have expressed, Madam Chair, with
regard to disclosure and there are items, I think, that are out there that
people have concerns with regard to this.
So I think -- and I also concur with Commissioner Fiala with
regard to government not getting in the middle of the private sector's
business. And maybe there's some other alternative program that we
can establish that help those that are, in fact, in need to securitize -- to
securitize a loan agreement to get these necessary improvements and
the like.
So I'd like to make a motion to continue it.
CHAIRMAN TAYLOR: There's a motion on the floor. Do I
hear a second?
COMMISSIONER SOLIS: Second.
MR. OCHS: Madam Chair, point of discussion. Is there
something that the staff is being directed to do with respect to this
continuance?
CHAIRMAN TAYLOR: Yes, in a minute. I think
Commissioner Solis wants to speak.
April 11, 2017
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COMMISSIONER SOLIS: I do. I think this is an alternative
potentially for property owners. So I don't want to see us not present
an alternative for property owners to make improvements to their
property that maybe they couldn't otherwise do.
This is -- and I have some experience with special districts and
non-ad valorem special assessments. I mean, if you want a cure for
insomnia, you can read my Larview (phonetic) article on that. It
certainly is that.
But this is a complicated issue. I think it's -- and it merits maybe
a more detailed explanation to the Board as to how this works, because
we're really talking about creating, essentially, a special district. So the
county really isn't involved in this. The county's not pledging its
borrowing power or guaranteeing anything.
I mean, I would just like to see some more information, maybe a
presentation on the whole program and really what it means. That's
why I would like to see it continued, and I second the motion.
CHAIRMAN TAYLOR: Commissioner McDaniel, you made
the motion.
COMMISSIONER McDANIEL: I did.
CHAIRMAN TAYLOR: Are you -- is there anything else you'd
like to see staff bring back? Are you satisfied with Commissioner
Solis?
COMMISSIONER McDANIEL: I made it in the -- when I
expressed earlier that I'd like to have further discussions about the
concerns that have been raised with regard to the lack of subordination
and clarification as to when, in fact, these loans that are -- take
precedent over an already existent mortgage, because it's not my
understanding that they do that as long as they're in a current position;
it's only when they move into a loan status, and just get some
additional questions regarding that. Is that clear enough, Mr Leo?
CHAIRMAN TAYLOR: Clear as mud?
April 11, 2017
Page 91
MR. OCHS: Yes, sir. We'll make the presentation that we made
back in November of 2016 before some of the new board members
joined the Board.
COMMISSIONER McDANIEL: That's a wonderful idea.
MR. OCHS: Yeah. And we'll include that in the backup, that
item.
CHAIRMAN TAYLOR: All right. So we have a motion on the
floor and a second to continue to our next meeting. Is that sufficient
amount of time?
MR. OCHS: Pleasure of the Board. We're ready to go.
COMMISSIONER McDANIEL: I didn't specify a time frame,
but you -- how's it fit? Do you need that to be specified in the motion?
MR. OCHS: No --
MR. KLATZKOW: No.
MR. OCHS: -- but we'll bring it back next meeting unless the
Board wants to set it for a different time.
COMMISSIONER McDANIEL: I think that's fine, as long as it
doesn't put you in a tight --
MR. OCHS: No, sir. Thank you.
CHAIRMAN TAYLOR: All right. So there's a motion on the
floor to continue until the next meeting and a second. All those in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously, four votes, with
Commissioner Saunders abstaining.
April 11, 2017
Page 92
Item #14B1
THE COMMUNITY REDEVELOPMENT AGENCY (CRA)
BOARD TO REVIEW AND AUTHORIZE COUNTY STAFF TO
MARKET THE SALE AND SOLICIT A DEVELOPMENT
CONCEPT PLAN, THROUGH A REQUEST FOR PROPOSAL
PROCESS, OF CRA-OWNED PROPERTY IDENTIFIED AS 4265
BAYSHORE DRIVE (FOLIO #61840960006, #61840960103, AND
#61840840003) AND 4315 BAYSHORE DRIVE (FOLIO
#53401680005) IN ACCORDANCE WITH FLORIDA STATUTE
163.380 AS OUTLINED IN THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT PLAN, AND BRING BACK
ANY OFFERS TO THE BOARD – APPROVED
MR. OCHS: Madam Chair, we have some members, I believe, in
the audience that have an interest in Item 14B1. I think we can get
through before your noon hour strikes if you want to take that item
right now.
CHAIRMAN TAYLOR: I think that's fine.
MR. OCHS: Mr. County Attorney, shall the Board go into
session as the CRA board now?
MR. KLATZKOW: Yes.
MR. OCHS: So, Madam Chair, if you could turn the gavel over
to Commissioner Fiala to chair the CRA board meeting.
CHAIRMAN TAYLOR: It is officially turned over, sir.
MR. OCHS: Thank you, ma'am.
CHAIRMAN FIALA: Will the CRA portion of the meeting
please proceed.
MR. OCHS: Mr. Durham will make the presentation on 14B1,
which is a recommendation for the CRA to review and authorize the
staff to market and solicit a development concept plan through a
April 11, 2017
Page 93
request for proposal process for CRA-owned property along the
Bayshore Drive.
Mr. Durham?
MR. DURHAM: Hi, Commissioners. Tim Durham from the
County Manager's Office. And I wanted to commend Commissioner
McDaniel for hanging with me up in Tallahassee up and down those
stairwells. We had quite a bit of running around, and he hung in there
pretty well as we tried to find the various offices.
COMMISSIONER McDANIEL: For being an old guy, I did
okay.
MR. DURHAM: He did great.
This is pretty much a good-news items, I believe, Commissioners.
This is another terrific opportunity for the Bayshore/Gateway Triangle
and that is selling and developing the 17.8-acre parcel located on
eastern Bayshore Drive abutting Sugden Park and north of Thomasson.
So the CRA originally purchased this property prerecession at a
cost of 5.35 million. Its current appraised value is about 3.7 million.
In 2012 the property was rezoned in what's called now the Cultural
Arts Village of Bayshore, which is a mixed-use PUD, which I'll get
into in a little more detail in a second.
And like what we did on the Gateway Triangle property, the idea
here is to devise a method whereby multiple proposers can give us
their price and concepts on how they would develop the property using
flexibility and creativity and doing it in a way that benefits the CRA,
the community at large, and meets the satisfaction and expectations of
this board.
So this is what -- this is an aerial of the property. You can see
there's a portion of it, and I'll -- can you see the cursor? Yeah. We do
not own this particular parcel. This belongs to -- it's listed in the
Property Appraiser's website as belonging to the Clyde O. Shadley
Trust and has an assessed value of about $43,000. I understand from
April 11, 2017
Page 94
my colleague he's asking 2.5 million for that particular parcel. But the
bottom line is we own the area outlined in orange. That's the 17.89
acres.
Permitted uses within the Bayshore mixed-use PUD includes the
following elements: A maximum of up to 40 residential dwelling
units; up to 48,575 square feet of commercial; up to 84,000 square feet
of parking. And the thought there is a parking structure; 350-fixed-seat
performance theater with a maximum height of four stories. That's
what's allowable within the PUD.
Based on the CRA Advisory Board, these are some of the
expectations they've expressed, and I'm happy to talk about -- and I'm
looking for your direction to see what you would like to see as we go
forward and put this RFP out.
But things mentioned -- yes, sir? Workforce housing, a variety of
housing types including rentals, condos, townhouses, single-family
units, if applicable, commercial uses, a cultural component, public
access and, importantly, connectivity to Sugden Park.
And this aerial shows the MSTU has already spent $40,000,
$39,000, in designing a pathway connecting Bayshore to Sugden Park.
We're making note of that in our proposal for the RFP, but we're
also asking that if a proposer has a more creative idea or something
that accomplishes the same access to Sugden, that they're free to
recommend that.
And kind of wrapping -- wrapping up, I'd like you to approve --
or give staff direction on the guiding criteria that should be in the RFP
as outlined in your executive summary. I want you to know that the
whole purpose of this, like with the Gateway Triangle property that we
successfully accomplished this, we want to encourage proposers to
think creatively outside the box, give us maybe ideas we've not thought
of or considered. We will bring any credible responsive proposal back
to the advisory board and back to you for your final approval, and that
April 11, 2017
Page 95
wraps up my presentation. I'm happy to take any questions or
guidance that you'd provide.
COMMISSIONER TAYLOR: Commissioner Fiala? Oh, that
was you.
COMMISSIONER McDANIEL: She's the chair.
CHAIRMAN FIALA: Oh, I'm the chair. I forgot.
COMMISSIONER TAYLOR: I forgot, too.
CHAIRMAN FIALA: Sorry about that.
Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. Do we have any public
speakers on this item?
MR. MILLER: We do not, sir.
COMMISSIONER McDANIEL: Okay. I'd like to make a
motion to move this forward. I do -- I'd like to make a motion for
approval.
CHAIRMAN FIALA: Okay. I'll second that motion. I wanted
to ask a few questions.
COMMISSIONER McDANIEL: Me, too, for discussion. Okay.
And thank you for the second. Well -- or you could have made the
motion, and I would have seconded it as well.
I would like to say out loud a couple of things. I would like for us
as a board to have some discussion with our CRAs in actually buying
real estate at all, ever.
COMMISSIONER TAYLOR: We don't do that anymore.
COMMISSIONER McDANIEL: Good. If we're not doing that
anymore, that pleases me. I think community redevelopment agencies
ought to just, in fact, be that and assist with those that already own
private property in enhancement of those things and offer guidance to
our board with regard to zoning policies and the like to better facilitate
community redevelopment along the line.
Number two, we're moving into a seller's position here, and I'm
April 11, 2017
Page 96
going to put my real estate broker's hat on for a second, Timothy, and
that is the less stipulations, the less -- the less requisites that you put on
a particular purchaser, the greater opportunity you have to receive a
higher price.
We already know we're in a deficit position in relationship to the
purchase and the current appraised value. I believe that you should put
this out for an RFP, offer it for sale at whatever the asking price is, and
then make the determinations accordingly as those offers, in fact, come
back with little to no stipulations as far as requisites of use, so on and
so forth.
If you find a congenial buyer that would like to entertain the
connectivity between Bayshore and Sugden Park and that works, then
you can make those economic decisions as you, in fact, go.
MR. DURHAM: Yes, sir.
CHAIRMAN FIALA: Okay. Being that nobody else's light is
on.
COMMISSIONER TAYLOR: Well, I don't have a light.
CHAIRMAN FIALA: Oh, you may light up the dais right now.
COMMISSIONER McDANIEL: Oh, there we go.
CHAIRMAN FIALA: Talk to us.
COMMISSIONER TAYLOR: May I speak?
CHAIRMAN FIALA: Yeah.
CHAIRMAN TAYLOR: I would agree with Commissioner
McDaniel on this. I'm wondering -- I know there's underlining (sic)
zoning, but, you know, this underlining zoning was created at a time
with a dream that basically tells you what they want there, and I don't
think that's what we want to do.
I think we've got a piece of land, I think it's worth -- we know
what the -- we purchased it with. We know that the cultural
community is very interested in this, but -- to restrict it to the PUD but,
frankly, I'm not sure we can waive that PUD.
April 11, 2017
Page 97
MR. KLATZKOW: You'd have to rezone it if somebody wanted
a different use of it.
COMMISSIONER McDANIEL: It can be amended, just like --
COMMISSIONER TAYLOR: So can we -- can we, within this
solicitation, say that rezoning -- I don't know how to word this, I mean,
because it's a vote of --
MR. KLATZKOW: Well, no. You can sell it as-is or somebody
can come back and say, listen, I want to do X, X, and Y on it and
provided they ultimately get zoning I'd be willing to pay, you know, Z
for it, that would be fine.
COMMISSIONER McDANIEL: It's just a regular real estate
transaction.
CHAIRMAN TAYLOR: Okay. So someone experienced in this
field would not look at the underlining zoning and say, you mean I've
got put -- I can't build any more than 40 residential units, and I have to
have 48,575 square feet of commercial space?
MR. CASALANGUIDA: This would be the same as what we
did with the pricing concept for the Gateway Triangle, which we told
people, work with the zoning or come up with something creative, but
stipulate that you would require the zoning, and we put a disclaimer in
the purchase and sale contract that said --
COMMISSIONER TAYLOR: Good.
MR. CASALANGUIDA: -- the Board's not -- doesn't have to
approve it, but bring it forward, and we'd develop the price. So this is
wide open.
COMMISSIONER TAYLOR: Good.
MR. DURHAM: And that is in the materials, ma'am, the
opportunity to rezone, make it fit the ideal price and concept.
CHAIRMAN TAYLOR: And I think it's important.
COMMISSIONER TAYLOR: And I think it's important also to
note within the body of this RFP that -- of the features of it that qualify
April 11, 2017
Page 98
it highly for a SAIL program, and some of that is access to public
transportation, being able to walk to schools, being able to walk to the
county for employment, be able to walk to a drugstore, to -- you know,
and those are clearly specified in the document. So if -- if my
colleagues agree, I'd like to see this put within the body of this.
MR. DURHAM: The pedestrian orientation?
COMMISSIONER TAYLOR: Yes.
MR. KLATZKOW: I would leave it as open as possible.
MR. OCHS: Hold on. Hold on.
MR. KLATZKOW: Leave it as open as possible. You never
know what you're going to get.
COMMISSIONER SOLIS: You just want --
COMMISSIONER TAYLOR: Okay. Well -- no, but I did
because of the underlining zoning. So I just kind of want to broaden it.
But if I'm going the other way, I certainly will stand back and not do
that.
COMMISSIONER SOLIS: I mean, I think the idea is to have it
as open as possible.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER SOLIS: And in the understanding that there
is underlying zoning, but there can be a rezone --
COMMISSIONER TAYLOR: Okay.
COMMISSIONER SOLIS: -- like most developments do.
They'll end up with a rezone.
MR. OCHS: Well, they can ask for one.
COMMISSIONER SOLIS: They can ask for one, right.
COMMISSIONER McDANIEL: It is America.
COMMISSIONER SOLIS: There's an underlying vision for what
the county -- or the CRA originally wanted there, but, okay.
COMMISSIONER TAYLOR: What little I hear --
COMMISSIONER SAUNDERS: Isn't that the same thing that's
April 11, 2017
Page 99
going on with the 5.2 acres at the point?
COMMISSIONER McDANIEL: Correct.
MR. CASALANGUIDA: Exactly.
MR. OCHS: Yes, sir.
COMMISSIONER TAYLOR: Okay. Well, the little I hear from
the development community is the worst thing they can do is -- I'm
sorry, is come before us and hope to get our votes. So I was just trying
to broaden it. But I respect my experienced colleagues, so that's fine.
Thank you.
CHAIRMAN FIALA: When we started this whole project down
at the CRA -- well, way even before there was a CRA, the effort was
this was the worst -- worst, worst, worst area in all of Collier County.
Normal people would not even drive down there, it was so full of
crime.
And slowly but surely, through a community effort, we tried to
perk it up, pick it up. The CRA was created after the MSTU was
created, and the area began to improve.
One thing about the CRA is the CR, in my opinion, besides a
community redevelopment, is creativity. You need to have creativity,
and the reason that they wanted to dedicate part of this -- and we
applied to the State for it -- to become an art district was because there
were more benefits to becoming an art district, and there were some
ways to apply for grants and so forth with the art district, and that was
an important thing.
We didn't want it to be -- you know, it was just full of -- well, you
say don't buy any more property. Had we not bought the property,
there were 27 flophouses located in this area. No human being should
even live in them, and we bought them and not only closed them
down, but we hauled them away because they would be -- you know,
human people could never live in there, and yet people were doing just
that. No running water, no electricity, et cetera.
April 11, 2017
Page 100
By buying that up, we were able -- the crime dropped 33 percent
in that area, but they had to have the ability to buy it when they saw the
need to do that. They moved forward. The arts was utmost in their
mind.
And then we saw a group called the Cultural and Performing Arts
Center, and I say that with a little pride in my voice because I was -- I
was honored to be a little bit of a part of that. But anyway -- and that
brought a new element to this. We needed to get away from all of the
substandard housing and we needed to pick that up into a new level of
housing so that we could start to blend the community, start to balance
the community.
Then along, of course, came the CRA -- the Bayshore
Gateway/Triangle. Well, had we not bought that at the time, we would
-- and the reason we brought those six pieces of property -- and we
wanted to buy a couple more, but we were stopped then because of the
recession. The reason was to control what went in there -- exactly
what you were saying not to do -- because if you didn't have some
limitations on it, you'd have the junkyard yet and you'd still have the
collision repair area, and then you'd have lots of nice self-storage units
and things like that, if you could ever get them to come in.
This way you're going to have a consolidated effort which will
then breathe new life into that whole area. But you can't put
limitations on them by saying you can't buy any more property and you
have to have lots and lots of density on these properties. Maybe that
isn't what that particular property needed. So that's --
I just have strong feelings about that, and probably because I've
been with it from the very start, and one of the things -- they have
people that are specially trained in CRAs to do just exactly this. And I
want to tell you that none of us are specially trained in the CRA field.
And so I'd love to see some of the creativity that will come out of
it. I know we're looking for an executive director with that background
April 11, 2017
Page 101
and training, and that will hopefully lead us forward. But what I'd like
to do now is -- I know you've made a motion to approve, but you put
some, you know, criteria on that. Don't buy new properties and --
COMMISSIONER McDANIEL: No, no, no. We moved into
discussion after I made the motion.
CHAIRMAN FIALA: Oh, okay. Good, good.
COMMISSIONER McDANIEL: I made the motion for approval
--
CHAIRMAN FIALA: Okay. Just period.
COMMISSIONER McDANIEL: -- and then we moved into
discussion. And I --
CHAIRMAN FIALA: All right. Then you -- then you've got my
vote. But I don't want to -- I don't want to hamstring these people at
all.
Okay. Thank you.
MR. DURHAM: Thank you, ma'am.
CHAIRMAN FIALA: Sorry about all that long conversation.
And, Commissioner Solis.
COMMISSIONER SOLIS: I think I made my comments.
CHAIRMAN FIALA: Okay, good. Thank you so much. Now
we have a motion on the floor and a second. Any further comments?
(No response.)
CHAIRMAN FIALA: Any questions?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN FIALA: Those opposed, like sign.
April 11, 2017
Page 102
(No response.)
CHAIRMAN FIALA: 5-0. Thank you.
MR. DURHAM: Thank you.
MR. OCHS: Thank you, Commissioners. You want to close the
CRA meeting?
CHAIRMAN FIALA: No, I don't really, but I guess I will.
COMMISSIONER McDANIEL: She likes having the gavel.
CHAIRMAN FIALA: Oh, you know, I have one more question
before I close it. How much of that property is under water? Is it nine
acres under water?
MR. DURHAM: About 10 that are buildable and about eight that
are water.
CHAIRMAN FIALA: So, in other words, it's going to be -- are
they allowed to fill in that water, or is that a natural water source that
needs to be staying there? Because you have to consider that, too,
when you think of how much to build on that property.
MR. DURHAM: Yeah --
CHAIRMAN FIALA: What was the answer?
MR. DURHAM: Apparently not.
CHAIRMAN FIALA: Apparently not. You cannot fill it in,
right?
MR. DURHAM: (Shakes head.)
CHAIRMAN FIALA: Okay. So you've got what, 10 buildable
acres on this piece of property?
(No verbal response.)
CHAIRMAN FIALA: Okay. Good. I just wanted to -- is that --
was I right, 10 buildable acres?
MR. DURHAM: Yes, ma'am.
CHAIRMAN FIALA: Okay, fine. I just wanted to make sure I
understood what we're dealing with here. Thank you very much.
And the CRA meeting now closed.
April 11, 2017
Page 103
CHAIRMAN TAYLOR: And I think what we should do is break
for lunch and come back at one o'clock.
MR. OCHS: Yes, ma'am. You have a one o'clock time-certain,
roughly. So when do you want to be back from lunch, ma'am?
COMMISSIONER FIALA: Roughly about 1:09.
CHAIRMAN TAYLOR: One o'clock. One o'clock. Thank you.
MR. OCHS: Thank you.
(A luncheon recess was had.)
Item #10A
A PRESENTATION BY DRS. MICHAEL SAVARESE,
PROFESSOR OF MARINE SCIENCE, FLORIDA GULF COAST
UNIVERSITY (FGCU), AND PETER SHENG, PROFESSOR OF
COASTAL & ENVIRONMENTAL ENGINEERING,
UNIVERSITY OF FLORIDA (UF) ON AN INTERACTIVE
DECISION-SUPPORT TOOL FOR ADAPTATION OF COASTAL
URBAN AND NATURAL ECOSYSTEMS IN SOUTHWEST
FLORIDA, WHICH IS PENDING A GRANT AWARD BY THE
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION (NOAA) AND A COMPLEMENTARY
PRESENTATION BY MR. JOHN SOREY, CHAIRMAN COLLIER
COUNTY COASTAL ADVISORY COMMITTEE (CAC) ON THE
EFFORTS TO BEGIN THE DEVELOPMENT OF A LONG
RANGE BEACH/COASTAL RESILIENCY PLAN - PRESENTED
AND DISCUSSED; TDC TO BRING BACK
RECOMMENDATIONS FOR ALLOCATION OF THE 4 CENTS
OF THE TOURIST DEVELOPMENT TAX
CHAIRMAN TAYLOR: Good afternoon. Glad we're back with
you. And we have the honor today of meeting, up close and personal,
April 11, 2017
Page 104
Dr. Michael Savarese and Dr. Peter Sheng, who will be Skyped in
from the University of Florida.
And today, this afternoon for this agenda item, we're going to talk
about a couple of things, but it really -- the issue really is our beaches
and sea level rise and the science that is going to be brought to the
table.
So, Dr. Savarese, I will turn this over to you. Thank you very
much.
DR. SAVARESE: Thank you, Commissioner Taylor. Is this
microphone good for everybody?
MR. OCHS: Yes, it is.
DR. SAVARESE: Anyway, good afternoon. Thanks for putting
us on the agenda. That's Peter Sheng there in the corner of that screen.
Wave, Peter. He really does exist in Gainesville. He looks very
comfortable.
Peter and I are here today -- we're actually here to tell you about a
pending project that will help Collier County. When this agenda item
was scheduled over a month ago, we were under the impression, Peter
and I, that we would have a signed contract and able to talk very
specifically about the details associated with this project.
We just were informed through our program manager at NOAA
that the negotiations on the contract are taking longer than we thought.
So, in essence, I'm not permitted to give you details about the project
today simply because NOAA doesn't want that to happen, and we don't
want to jeopardize the success of that funding.
Peter and I have every expectation that this will be funded. The
contract, we should have it finalized within the next few weeks, and
we're still anticipating a June 2017 start date.
So what I'd like to do today, or what Peter and I would like to do
today, is just introduce you to what we intend to do very, very
generally, try to set a stage, if you will, of how this science can help
April 11, 2017
Page 105
endorse Collier County's planning for future change, and then answer
any questions you might have about the process, again, without
divulging any details about the project.
I should tell you normally in this situation one would be
suspicious and fear that the money was in jeopardy, but it's not. The
monies that are funding this project -- this is a project through NOAA's
NCCOS program which stands for the National Coastal Oceanic --
National Center for Coastal Ocean Science. The monies that are -- that
we've been -- that we hope to be awarded once the contract is finalized
is legislated money through the Restore Act, so it's not under the
scrutiny of NOAA's budget.
So the money's there. The money's secure. We just don't have
the contract. And NOAA is -- is reluctant to have us make information
-- the details public until that contract comes up.
So let me talk a little bit about the project in general, okay.
Again, this is a very different type of project. Most federal dollars that
come to NOAA or to agencies like the National Science Foundation
are specifically for doing science, okay. This is a very different kind
of a flavor of a project. This is a project that takes science and
provides tools for decision makers.
And the decisions that this particular program is dedicated to do --
dedicated is to problems associated with the gulf coast. What kinds of
problems does the gulf coast have to deal with it as we move on to the
future and how can scientists -- Peter Sheng, myself, and our
teammates, how can we provide that information as tools that the
county and the municipalities in Collier County use?
The project specifically focuses on the impacts of climate change
and sea level rise and, obviously, is something we're all concerned with
as Collier County citizens. So what this project will ultimately do is
provide you, the county, and the cities with tools that you'll need to
actually do planning in anticipation of sea level rise in the future.
April 11, 2017
Page 106
So with that as sort of a broad introduction, I'd like to just take a
few minutes and talk a little bit about conceptually what is going on.
First of all, I want to thank the County Commission. The Collier board
approved a resolution last year. The City of Naples as well -- I'd like
to publicly thank them -- approved a resolution last year endorsing this
NOAA proposal.
And I got to tell you, the reviews that we received back through
the proposal review process was very flattering about the support that
we had in the local community. So the fact that the county and the
City of Naples is paying close attention to this and is eagerly waiting
for these tools to help with your planning in the future has done a lot to
bring us success in bringing that funding forward.
I also want to thank the Collier County League of Women's
Voters. One of the things that I've noticed over the last couple of years
is that attitudes have changed radically in response to climate change
and sea level rise, and there seems to be sentiment and recognition that
it's a problem and needs to be addressed, and the League has been
instrumental, I think, in getting into the county and getting people to sit
up and take notice.
So it's been a process of educating the public and getting people
to improve their awareness about the problem, and the League has
been instrumental in helping that forward.
I want to set a mindset for the county, and I'm -- there's a part of
me that worries that this kind of work can just scare the hell out of
everybody. Can I say "hell" in a commissioner meeting?
COMMISSIONER McDANIEL: No.
DR. SAVARESE: No, okay. I won't say it a third time.
CHAIRMAN TAYLOR: Hell no.
DR. SAVARESE: I mean, it's pretty daunting. When you look at
the projections, the worst-case-scenario projections, it's downright
scary. And the one thing I think communities need to avoid is a sense
April 11, 2017
Page 107
of hopelessness. The truth is the projections for what sea level rise
might bring to coastal communities is highly variable. There's not
necessarily a high degree of confidence within those projections, and
the reason for that is we still have future human history to change our
patterns and change our behaviors.
So it's possible the outlook might be grim, but I have to believe
that given people's changes in behavior and smaller government
organizations, like at the county municipal level, addressing this
problem will change attitudes nationally and hopefully internationally
and that those worst-case scenarios can be avoided, okay.
So what I have here is that I think it's important to approach this
optimistically. Not to worry about Armageddon, not to worry about
the worst-case scenarios, but at least be aware of those worse-case
scenarios in case those ultimately come our way.
With that said, I'd like to make this statement: I think it's
important for the county and the municipalities in our county to
approach this with a vision of sustainability and economic health.
Collier County, the cities in Collier County, have to remain
economically viable and economically sustainable regardless of what
sea level affects in the future. Between here and then we want to
remain viable and sustainable.
So I think the key here is to approach this whole sea level issue,
the science, the planning, the implementation. It's important to
approach this with the right vision. It's not just a matter of patchwork
repairs. It's a matter of envisioning what the county's likely to look
like in the future in a vibrant, healthy way so that we continue to host a
wonderful place to live and visit as tourists.
Any project, any concern like this really has to take three steps.
The first is to have the best science available to generate the possible
scenarios of what the landscape is likely to look like, okay. This
NOAA project, if it's funded, when it's funded, will give you that best
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science available.
The science we're proposing, the science that Peter is really the
intellectual leader of, provides the most sophisticated computer
modeling imaginable; much, much more complicated in sophistication
than the typical bathtub models. The sea level goes up a foot, you raise
sea level a foot, and that's what the landscape is going to look like.
That's not the way nature is going to act.
So this will provide you the best science. Unfortunately, I can't --
we can't give you those details yet, but maybe in a future meeting
when the Commission meets.
Science -- for the sake of science is science wasted, right? The
science has to be employed in some way, and that's why I would urge
the Commission to think very seriously in supporting a planning effort.
What we will provide is a list -- a collection of scenarios, and those
scenarios should help drive a planning effort.
The planning effort should have this vision for a sustainable and
an economically healthy future in mind. It shouldn't just be about, you
know, building walls and battling the incoming water. Those plans
have to be viable, and they have to be adoptable because, again, there's
a high degree of uncertainty as to what the ultimate scenario will look
like.
Okay. So planning is important. Science without planning is
science wasted.
And then, finally, a plan has to be engineered and, ultimately,
that's the costly phase is actually putting bricks and mortar on
pavement and actually implementing the plan.
Just a couple of other parting thoughts. Again, the NOAA
projects focuses on the first phase. We'll be able to provide you with
the most sophisticated science available.
I think it's fair to say -- can I tell them how much money is at
stake here, Peter? Shake your head yes or no.
April 11, 2017
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DR. SHENG: Well, you can say, but, you know, nothing is final
until it's final.
DR. SAVARESE: It's a million dollars' worth of science. I think
the budget comes in at just under a million dollars. So that comes to
the county and the cities cost free, and that -- those products will be
delivered over a three-year period. I think it's okay to divulge that as
well.
The planning should follow or should operate in concert. The
science shouldn't remain on a shelf. I think it's also important, and I
think Peter would agree, that we as the scientists that are putting the
tools together to help with decision making should work very closely
with that planning team to at least advise them, to give them the
information they need. So I think it's critical that whatever planning
effort that the county decides to endorse that this NOAA project and
our team is involved so that our science isn't happening in one arena
and the planning is happening in another, and the left hand doesn't
know what the right hand is doing. That would be also science wasted.
So I would encourage that as well.
And, again, the plan that you ultimately endorse should be
adaptable as time progresses because the actual effects, at least at this
time, are uncertain. So I think the key is to plan for the short term, you
know, 2030, 2060, and then to have adaptability to deal with problems
further out into the future, like in 2100 and beyond.
So with that as just a way of introducing this project, let me
quickly introduce Peter. This is Dr. Peter Sheng. Again, Peter is the
brains behind the brawn.
Anything to add, Peter, or...
DR. SHENG: No.
DR. SAVARESE: Okay. Questions?
COMMISSIONER FIALA: Yeah, what a nice laugh he has.
DR. SAVARESE: He's got a great laugh. That's why I like him
April 11, 2017
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so much.
CHAIRMAN TAYLOR: Would it be -- I have a question,
because you've piqued my curiosity. And I just -- and, again, if you
can't answer it, I understand.
But you said that when sea level rise, it comes up a foot, so we
build a foot higher. It's not like that. Can you -- can you expand that a
little bit so that we understand what sea level rise would mean to
landscape.
DR. SAVARESE: Yeah. Peter, can I -- maybe I'll ask you to
answer that question. Did you hear it? I made a point saying that it's
not a simple bathtub coming up and that there are other influences that
will affect the landscape.
DR. SHENG: Okay. Mike mentioned bathtub model. A lot of
the tools out there, they assume the landscape is like a bathtub. So if
you inundate -- if you have a 1-foot sea level rise, the 1-foot sea level
is going to go over the land just like in a bathtub, all right. Bathtub is
not flat. It's kind of got a terrain, so they just flood the land like that.
And if there is hole in there, they'll flood over.
But, in reality, it doesn't work like that. Land has dissipation.
Land will -- some you may have a mountain, you have some barrier,
and the sea level rise is not going to act like a bathtub. And plus you
have wind, you have storms.
So what you want to be planning for is not just pure sea level rise
with bathtub, but you need to consider hurricanes like Charley, Wilma.
We have all kinds of storms that comes by. You know, whether we
have climate change or not, we have storms. The storms are going to
get more intense. And those, on top of the sea level rise, is what create
all this flooding risk.
And so we've done modeling using the bathtub model versus
something called dynamic model which incorporates all the dynamics
of the water flow and also dissipation by the land features. We have
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incorporated all that stuff in three-dimensional models. So when we
consider sea level rise with storms, without storms, we get very
different results.
If you use a bathtub model, what we found is some part of the
flooding is going to be overestimated, some part will be
underestimated because it doesn't consider the dynamics, interaction of
the flow of water with the land.
So that's basically -- I don't know if I answered your question
exactly, but a lot of places are doing this bathtub modeling. You talk
to Palm Beach County, they have a bathtub model on sea level rise.
You talk to St. John's County in Jacksonville, they use bathtub model,
and they know the shortcomings of that.
So if you plan on that, you may end up, you know, overspending
money in some places and underspending in some other places.
DR. SAVARESE: Does that help you?
CHAIRMAN TAYLOR: Yeah, no. That's wonderful.
Does anyone have any questions here? Any?
(No response.)
CHAIRMAN TAYLOR: Okay. So I have another question.
When you talk about the planning, can you expand a little bit?
Because it's a discussion we're having up here. I mean, because, first
of all, it's such a blessing and it's so extraordinary and, again, I think
I'm correct that the NOAA grant is not for Collier/Lee, it's for Collier
County; is that correct?
DR. SAVARESE: That's correct. It's specifically for Collier
County. And, again, I don't think this is something that can't be
divulged, but when we had conversations about developing this
project, we recognized that we could have -- we could have
incorporated a larger geographic landscape and included all of
Southwest Florida. But the larger the geographic scale the more
computer modeling intense of the work would be, the more expensive
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the work would be, or you'd have a very coarse granulation and you
wouldn't really know at a small enough spatial scale what the effects
are likely to be.
So by focusing on Collier County, it's not that we don't wish the
same kind of effort for Lee County and our sister counties to the north.
It just makes sense to locate it in a geographically more restricted area.
So this is designed specifically to help Collier County and its
municipalities.
CHAIRMAN TAYLOR: Is it only coastal area, or are we
looking inland or it is -- can you speak to that?
DR. SAVARESE: Yeah. I mean, Pete can you talk about the
geographic extent of how far inland this goes?
DR. SHENG: Well, in my definition, the entire state of Florida is
coastal. The entire state of Florida is coastal. So it's -- you know, we
don't -- I have some mass and some domains, but unfortunately that
gets into too much detail.
But the answer to that is we -- I think what we consider is more
than just the conventional coastal, the beach area. No, we go quite far
beyond.
DR. SAVARESE: This covers a significant proportion of
Collier's area, well into the interior. So not only would the work tell
you how; the interface is going to behave, you know, there on the
barrier islands and the beaches and along the bay fronts but also how
the interior spaces are going to respond as well. So it's geographically
comprehensive in that regard.
CHAIRMAN TAYLOR: Okay. All right. And then in our
conversation, Dr. Savarese, you indicated that you and Dr. Sheng
worked in a -- I don't know -- in an -- indirect with Harvard, or how
did they interplay into this?
DR. SAVARESE: Yeah. I know that the county's deciding on
other -- or a variety of planning options for the future. When we --
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when Peter and I were developing this proposal, we worked very
closely with the Harvard Graduate School of Design. And what we
have already will integrate well with what they have planned, so -- and
they are members of our anticipated team, so that we can make an easy
transition of information from the science -- from the science to the
actual planning.
And we have a fairly complicated and comprehensive
communication plan to keep everybody engaged and involved along
the way, and that will be my principal role; I'm the person. While
Peter is stuck in the lab cranking out computer code, I'll be here on the
ground working with the local decision makers and stewards to make
sure that communications are great.
So when we designed this proposal, we worked very closely with
the Harvard Graduate School of Design team so that there was a nice
transition of information.
That said, I don't want to influence your decision on, you know,
what planning effort you as a board want to endorse. I would just
encourage you to endorse some plan -- some planning effort and that
the planning effort that you endorse, it would be essential that that
planning effort work closely with us, because -- I can say this publicly
over the television. I'm 58 years old. You know, it's not about the
money anymore. It's about the effect. And I know Peter -- I'm not
sure how old Peter is, but I think he probably feels the same way. We
both want our science to do more than sit on a shelf, and to have our
science not integrate with the planning effort would just be a travesty.
So there needs to be that integration.
CHAIRMAN TAYLOR: How do you see that -- how do you see
that unfolding, the timing of it, though?
DR. SAVARESE: Well, I would argue that -- we've actually
worked with the Harvard team to stagger our product. So, again, this
isn't meant to influence your decision, but at least in our conversations
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with the Harvard team, their start date and their deliverables are in step
with our deliverables. So we've had conversations about the timing of
our deliverables and the timing of their deliverables so that we would
be working in concert and you wouldn't have to wait until our three
years was over and then there would be another three years of planning
so you have to wait six years. The hope here is that, you know, maybe
our project gets funded for three years. Maybe after four years or five
years you've got viable plans that can be considered so you're not
waiting, you know, too many years into the future to start thinking
about how to deal with the problem.
So, again, I can tell you on behalf of the two of us -- I can tell you
on behalf of NOAA, NOAA is funding, is going to fund, we hope is
going to fund this project simply because they're enamored with the
fact that this community is receptive, and to be receptive, it has to help
the planning.
So I guess to just preserve the integrity of the work, let's please
make sure that, you know, we're in communication with whatever
planning option you decide to endorse.
CHAIRMAN TAYLOR: Thank you.
Any questions for anyone?
(No response.)
CHAIRMAN TAYLOR: Dr. Sheng, thank you.
MR. MILLER: Madam Chair, I do have public speakers for this
item.
CHAIRMAN TAYLOR: Good.
DR. SAVARESE: Can I ask a question of you?
CHAIRMAN TAYLOR: Yes.
DR. SAVARESE: How -- your schedule as a board, your board
meetings, continue on into May?
CHAIRMAN TAYLOR: June.
DR. SAVARESE: To June?
April 11, 2017
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MR. OCHS: July.
DR. SAVARESE: Til July.
COMMISSIONER McDANIEL: July. We have one meeting in
July.
DR. SAVARESE: Want to go til August? Can we be invited
back to give you what we had hoped to give at that later date --
CHAIRMAN TAYLOR: Yes.
DR. SAVARESE: -- once we have a contract and we can share
with you all the bells and whistles. I think you'll be very impressed.
CHAIRMAN TAYLOR: That would be wonderful.
DR. SHENG: Can I just say a few words?
DR. SAVARESE: Yeah, go ahead.
DR. SHENG: Yeah. I just want to let you know why we picked
Collier County and Southwest Florida as the focus area for this
proposal.
Number one is because I think Collier County, Naples, is a very
important area in Florida. We have a really fast population growth, we
have really nice homes down there, and also because relatively higher
risk compared to places like Gainesville, right, for sea level rise. But, I
mean, Southwest Florida and Naples area and Miami area, they have
relatively higher risk under sea level rise and future storms and,
therefore, in this, there hasn't been anything studied.
But in addition, it has a lot of mangroves. You have a lot of
natural habitat, and it's being underutilized for the purpose of flood
protection.
Last, but not least, I really like Collier County and Naples. I've
been down there a few times. I really like it. I have some friends in
Collier County in Naples, and they invited me to go back.
So I wish I could be there today to shake your hands to thank you
for your support. Although I apologize for not being able to reveal
everything we have, I think you're going to like what we're going to
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tell you when the project is finally approved. And, unfortunately,
NOAA has got their rules, and we're told we just shouldn't do this until
it's -- until it's finally public.
The good news is we are in active phase of negotiation. We
haven't heard anything negative. And one thing I want to assure you
that this money comes from NOAA RESTORE Act Science program.
So that money comes from BP, the bad guy who polluted Gulf of
Mexico seven years ago; therefore, the money is in the bank. It's not
going to be cut for whatever reason, like some of the other NOAA
programs. So that's the good news.
Again, I want to thank you. I want to echo what Mike said; we
look forward to working with you. And next time I will come down in
person. I'll shake your hands and give you a detailed presentation and
take your questions.
CHAIRMAN TAYLOR: Wonderful. Thank you so much,
Professor.
DR. SAVARESE: Thank you.
DR. SHENG: Thank you.
DR. SAVARESE: There were questions from the floor?
CHAIRMAN TAYLOR: All right. So we have some speakers.
MR. MILLER: Yes. Your first speaker's Judith Hushon. She'll
be followed by Dennis Vasey.
MR. OCHS: Madam Chair, do you want to hear the rest of the
presentation before you take speakers or --
CHAIRMAN TAYLOR: If you want to speak specifically to the
NOAA grant, speak now. If you want to speak to the --
MR. OCHS: Coastal resiliency.
CHAIRMAN TAYLOR: -- resiliency, then maybe you want to
wait. You can speak to both if you want.
DR. HUSHON: I wanted to congratulate them, but...
CHAIRMAN TAYLOR: No, then please do.
April 11, 2017
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DR. SAVARESE: We'll always take congratulations.
DR. HUSHON: No. We've been working for the last six months
with Mike and Peter as part of the Harvard Graduate School of Design
project, and they have been great to work with, and I think we'll find
that as a county as well.
And the planning effort, we think, is really important, and we're
glad that they agree with us, because that's -- then we go on and do the
engineering and spend our money, but in the right way and in the best
places.
But to have this NOAA grant is just fantastic because we could
do the -- as he says, the bathtub science. I'm a scientist. I like doing
good science, and this will be good science. This will be better --
much better science than that, because what you'll find is that certain
places are higher, certain places are lower, and inland we don't know --
you have to predict what's going to happen inland; that's a little harder
to do. That's where Mike's expertise is going to come in.
So I would just like to say, this is really an important activity, and
we look forward to coming back; we'll be back with the Harvard
project in another month or so, but we just are so happy for Mike and
Peter.
Thank you.
DR. SAVARESE: Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Dennis Vasey will be followed by Stan
Chrzanowski.
MR. VASEY: I'm Dennis Vasey, 4398 Longshore Way, North
Naples, Florida.
Sea level rise, climate change, global warming, are they
interrelated acts or cycles of various conditions? Pleistocene was the
most recent ice age around 12,000 years ago, and it affected land areas
and America's sea, the Gulf of Mexico.
April 11, 2017
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French, British, and Spanish seafarer charts after Columbus
where their survey change show roughly that the coast is exactly where
it was then. That was in the early 1,500s.
There are those who claim we see changes from glacial rebound.
Whatever we see or science we use, haste is imprudent. There is time
for data gathering and informed decisions consistent with how high
and when.
Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: The final speaker I have on this item is Stan
Chrzanowski.
MR. CHRZANOSWKI: Good afternoon, Commissioners. I'm
not a scientist. I'm a Land Engineer.
I would like to put in a little plug for the bathtub model. The
dynamic model is nice; it shows when things flood when there's a
hurricane. The dynamic model shows that water comes in, it goes out,
you rebuild.
The thing about the bathtub model, water does lay level. It works
its way up streams if the water downstream gets higher, and the
bathtub model says you're going to flood twice a day at high tide, okay.
You don't rebuild when you flood twice a day at high tide. You just go
somewhere else because there's nothing you can do about it. The
dynamic model is great; you know, you can rebuild after it's gone.
I'm happy with everything I've heard today. I'm impressed. We
do need to know rate of rise, because that's going to affect a lot of
things. Whether the water comes up six feet in 200 years or six feet in
50 years makes a big difference.
We have some areas, Rookery Bay, Collier Seminole, the
National Wildlife Refuge, Ten Thousand Islands, the Everglades.
Mr. Vasey and I have been canoeing these areas for the last few
years. When the water comes up, you can go all the way through the
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National Wildlife Refuge. You're traveling through a foot of water a
lot of the times. We see a lot of mangroves working their way inland
that didn't used to be there. I don't know what this means.
But what I'm curious about is -- and Dr. Sheng, I think, brought
something up about this. I'm curious at what elevation of sea level rise
do we start losing Collier Seminole and the National Wildlife Refuge
and the Everglades. At what elevation do they turn into something
different? And I'm sure Dr. Savarese is going to give us that number
as part of his study. So thank you.
CHAIRMAN TAYLOR: Thank you.
DR. SAVARESE: Are we allowed to respond to that?
CHAIRMAN TAYLOR: Yes, of course.
DR. SAVARESE: I guess -- I don't know, Peter, do you have any
comments? I can address that.
DR. SHENG: I'll let you comment first.
DR. SAVARESE: Okay. I'll take the last comment first because
it's the one that's stuck clearly in my head. What's to happen with
these natural areas that are coastal now.
Obviously, the effects on those natural areas, the public spaces
that are mostly in the eastern part of Collier County have the most
profound and obvious effects of sea level rise that's occurred in recent
history. Part of the project -- and, again, I don't think I'm divulging too
much information here.
Part of the project that we have planned looks at both the natural
side of things, that eastern part of Collier County, as well as the urban
side, and those two come together, like Peter had mentioned, because
natural landscapes serve as attenuation factors. Mangroves, marshes
are good, dunes, they're all good at attenuating the influence of sea
level rise.
So one of the inherent products that we will generate is to look at
exactly how mangrove systems are likely to respond, salt marsh
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systems are likely to respond, and how they can actually be used as
part of an adaptation strategy even for the urban side of Collier County
to try to inhibit and slow down the effects of sea level rise. So Stan
was right, our project will provide that kind of information.
I wasn't sure about the intention of Dennis Vasey's comments. I
don't know if he's questioning whether sea level rise is coming up or
not. What I can say -- and, actually, this is my area of expertise.
While Peter understands the physics and the modeling, I am a historian
of sea level rise, if you will, and have been studying how the
Southwest Florida coast, as well as other regions throughout the
southeast and the Bahamas, have responded to recent sea level rise.
There's a reason why, since Columbus time, there hasn't been
much change on those maps, and that's simply because the rate at
which sea level rise has been coming up through that time of
colonialization and westernization of North America is a time when
sea level was coming up at a very modest rate. And when sea level
rise rate is offset by the rate at which sediment comes in -- the
Mississippi River is delivering sediment as fast as sea level is going
up. You can sit on the same beach for generations and generations,
okay.
If the sea level rise rate begins to exceed the rate at which
sediment comes in, then all of a sudden you have a changing dynamic,
and that's really what has happened since industrialization, okay.
We've reached a tipping point where many regions of our coastal
settings around the world, that balance has shifted. The rate of sea
level rise has exceeded the rate of offset. Those rates can be offset by
other things as well. You can have crust being pushed up. So there's a
whole lot of complicating factors.
So those are all considered within the science community when
addressing the pending potential problems of sea level rise in the
future.
April 11, 2017
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So I think ignoring -- if Mr. Vasey's point was just to ask you to
be cautious, yes, be cautious. That's why I think it's important to have
a variety of scenarios and planning options. If his intention was to tell
you to not worry about it because it hasn't been an issue in recent
history, I would caution you against that, so...
CHAIRMAN TAYLOR: Thank you.
And that would -- I think that's --
MR. MILLER: Yes. That's all the speakers we had, ma'am.
CHAIRMAN TAYLOR: Dr. Sheng, do you have anything to
say? We're -- I think we're finishing up this agenda item.
DR. SHENG: Yeah. So when we were preparing the proposal,
quite a few groups provided very useful input in terms of what kind of
questions we would like to have answered. So we have a list of
questions related to urban systems, questions coming from people in
Collier County and Naples City, we have questions from managers'
financial assistance, like Rookery Bay and other natural resource
agencies in the area.
So we will try to answer most of those questions that are in the
proposal, and including some of the questions that were asked just
now.
And I'm sure that next time when we come down, have a meeting,
presentation, we'll touch upon those, and we will come to the users and
refresh their memory about those questions, how they like to be
answered, and then we'll work on, you know, products and tools that
aim to answer those questions.
CHAIRMAN TAYLOR: Thank you very much.
Commissioner McDaniel.
COMMISSIONER McDANIEL: You know what, you can just
re-hit my light there.
CHAIRMAN TAYLOR: Okay.
Commissioner Saunders?
April 11, 2017
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COMMISSIONER SAUNDERS: Thank you.
We've been talking about enhancing our beach renourishment
funds, raising some additional tourist taxes for different purposes,
including that one.
Will your report give us some guidance on what type of beach
renourishment projects would be the most beneficial? You know, you
can have storm prevention -- or storm protection projects versus just
beach renourishment. But will we have some insight into what would
be best for the county in terms of that particular aspect?
DR. SAVARESE: The short answer is yes. I've spoken -- or at
least I've had an email communication with Gary McAlpin to tell him a
little bit about, very vaguely, the kind of work we're doing. The work
definitely addresses coastal vulnerability. It looks at geomorphological
change of the coast; in other words, where are the areas that are most
likely to experience extensive erosion, overwash, and scarping, where
are the problem areas likely to be for dune destruction and beach loss.
So our efforts will help, I think, wonderfully in trying to
anticipate what beach management, dune management needs are likely
in the future. I'm very excited, personally, about that. A colleague of
mine, Felix Jones is his name, he's one of our faculty members at
FGCU. He's part of our team, and he's taken on that part of the project,
so...
COMMISSIONER SAUNDERS: Thank you.
MR. OCHS: Madam Chair, that's probably a good segue into the
second part of this presentation.
CHAIRMAN TAYLOR: Yes.
MR. OCHS: Mr. John Sorey, the Chair of your Coastal Advisory
Council, is here to speak to you about their initiative with regard to
beach resiliency.
DR. SAVARESE: How do we turn this off? Bye, Peter. Thank
you.
April 11, 2017
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Thank you, Peter.
DR. SHENG: Thank you.
CHAIRMAN TAYLOR: Mayor Sorey.
MAYOR SOREY: I guess Peter can watch the rest.
Good afternoon, Commissioners. My privilege to be here with
you today. As you know, I'm the Chair of the Coastal Advisory
Committee.
And the project we want to talk about, the science has already
validated it. All you have to do is look at what happened in the
northeast with Hurricane Sandy.
But on behalf of the Coastal Advisory Board, we're delighted and
want to thank the County Commission for making beaches a top
priority.
We all know beaches are always rated as the top reason to come
to Naples by our visitors, our residents and, therefore, as stewards of
these resources, they have to be a priority.
Let's talk a little bit about beach renourishment and the program
that we need to do for the background of the beach resiliency and the
sustainability. And it's a relatively simple project. It's volume of sand
versus Mother Nature's wave energy. The complicated part, as in most
situations in life, is how do we complement it?
You all know the history of dredging and truck hauls. When we
did the first truck haul, the Naples City Council made the decision to
only renourish to the 100-foot and 85-foot standard. So on day one,
we were going to be at or below standard.
And there was a lot of discussion about truck haul and the
implications of that and that sort of thing. Fortunately, the project
turned out to be very successful; no accidents, and millions of dollars
spent in our local community.
Since then we've continued to renourish by truck, which has the
advantages of small-scale, great-quality sand because we can control
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the particle size, no shell fragments, and no organic matter, and it does
have a very positive impact on the economic wherewithal of our
community.
The disadvantage is the truck impact on our communities, and not
only our communities, but also all the way up into Lee County.
So you know I'm on record, if the economics are acceptable, that
dredging is the best alternative. The dredge challenges are numerous.
One, it's a small project. While we think 25- to $30 million is a big
deal, in the dredge community it's a small project.
It's also very complicated. Our sand source that we've developed
and spent several hundred thousand dollars on has shells in it, so we
have to screen the sand, and that creates problems for the dredgers.
Because of our shallow waters, we have to offload about 5,000 feet out
and pump it onto the beaches, and then we have to move the pipes up
and down the beaches.
And I know you've heard comments about getting our own
dredge, partnering with other communities. And Gary and I spent a lot
of time on these issues, but the reality is, none of this has been feasible
thus far.
So what do we need to do? What is feasible and what is required
to protect our beaches and coastal communities into the immediate
future? And I think we can piggyback beach renourishment on the
project we just talked about and also on a beach resiliency effort.
So what are we talking about? And it's really not sea level rise
per se, because we're there now. We don't need another inch or foot of
sea level rise. If we have a major storm, we're going to be impacted
today, and our upland structures could very well be impacted.
So with our revenue structure and tax base, what do we need to
do? We need to broaden our beaches and protect our beaches now. So
how do we do this on an incremental, complementary, practical, and
proven approach that addresses the needs of beach renourishment and
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tourism?
We can build higher and wider beaches providing more mass to
resist erosion without affecting our offshore coral, generally referred to
as hard bottom. This is a proven approach. We've done a lot of
modeling, and we've also done a lot on the ground looking at what our
renourishment has done in the past.
With higher and wider beaches, we could have wider dunes and
coastal plantings. We can use coarser sand which has a tendency to
resist the wave energy more. We could have offshore breakwaters,
feeder beaches, and integrate existing structures to create continuous
and comprehensive levels of protection.
Practically this means, among other things, adding an average 50
foot of dry beach, increasing the dune height from five feet to six feet,
and widening the dunes and plantings. This will benefit tourism, the
cities, the property owners, and the public. It will also complement the
sea level rise studies that we've heard about today. But it will require a
dedicated and committed source of funding. Wider and higher beaches
will require approximately 1 million cubic yards of sand and could cost
25 to $30 million.
The current tourist tax allocation will not provide the resources to
even renourish the beaches to the current standards if we do not have
FEMA support. And every time we have a FEMA renourishment they
tell us we're not going to get any money in the future. Fortunately,
we've been able to preclude that.
This is a long-term program that builds on our very successful
beach renourishment program. A sustained funding source for coastal
resiliency is above basic beach renourishment needs.
Storm surge is real and is driven by sea level rise. We're asking
support from the BCC to obtain regulatory approval for a higher and
wider beach, to begin a coastal program, and allocate adequate funding
to develop and properly fund beaches and resiliency program. Logic
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tells you that more sand equals sustainability.
Thank you for your time, and I look forward to your support to
make our beaches and coast more resilient. This is a proven, practical,
and sustainable approach.
I'd be glad to answer any questions.
CHAIRMAN TAYLOR: Mayor Sorey, I think you mentioned
that the -- at the very beginning you said that the City Council
approved the extent of the beach at 100 feet. I think you meant the
County Commission, didn't you?
MAYOR SOREY: No. The City County -- the County
Commission approved the entire project, but the recommendation that
we gave the City Council was to renourish with what we call advanced
renourishment, more than the standard. Because of the concern about
the truck impact, City Council, in their wisdom, reduced the amount of
sand that we put on the Naples beaches.
CHAIRMAN TAYLOR: Oh.
MAYOR SOREY: Collier County, the Vanderbilt Beach, they
did the advanced renourishment. We put less sand than was
recommended by the Coastal Advisory Committee.
CHAIRMAN TAYLOR: Oh, okay. Thank you for that. Thank
you for that clarification.
Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. And I'm not sure if it's for
you, Mr. Sorey.
When I was reading the resiliency report, I found it interesting
that there's been a shift in the granular sand size designation. I used to
and have produced beach sand --
MAYOR SOREY: Right.
COMMISSIONER McDANIEL: -- that has been utilized on our
beaches in my other life, and I recall that there was specificity in those
specs requiring similar grain size to what currently existed in our
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naturally occurring beaches, and I just -- I find it interesting that there
was -- I would like to know about that shift, and what kind of science,
in fact, was behind making those -- I mean, rationale says that larger
grain size would be more resilient.
MAYOR SOREY: Right.
COMMISSIONER McDANIEL: But I'd just like to know when
that shift actually transpired.
MAYOR SOREY: Okay. I'll answer the easy questions, and I'll
let Mr. McAlpin answer the hard ones.
Gary, you want to answer that question?
MR. McALPIN: Thank you. For the record, Gary McAlpin.
In 2005 when we were planning the beach renourishment
program that puts almost 700 million cubic yards of sand on the beach,
what we wanted to do was go with a coarser grain size. And so we
went from an average grain size, which is about .23 on the beaches, to
.33, because -- millimeters.
And so what we -- because what we wanted to do is have that
coarser grain size hold the slope better so it didn't bleed over into the
coral, and so that's when we did it. It was approved by DEP, and it's
worked out very, very well since then.
COMMISSIONER McDANIEL: Okay. And then the other
question I had two --
CHAIRMAN TAYLOR: No, no. Go ahead.
COMMISSIONER McDANIEL: The other is, are there going to
be -- are there going to be continuing efforts with regard to where, in
fact, we're relegated to get our sand from from an offshore basis? I
mean, at this particular stage of the game, we're relegated federally to
go to designated sand sources that are quite some distance away that
force us into a particular type of methodology for our beach
renourishment efforts, and then because of economics, because those
are very expensive -- the hopper dredge, as you and I have talked about
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at length, as -- because that's very expensive, we're relegated into
basically only truck haul methodology for restoration.
MR. McALPIN: All of our relatively inexpensive sand sources
that are close in have been exhausted. They were exhausted in the
1997 beach renourishment program.
So our closest source of quality beach sand in the .33 range is off
of Captiva, about 40 miles from here.
We have also -- and that's our closest source of offshore sand, and
we require a federal lease to get that sand, and we have it.
So what we wanted to try to do is add another tool to our toolbox,
and that's when we added truck haul to that, because we can control it.
So we have two sources of sand; one off of Captiva, and one for
truck haul. If we could find another source of sand that is close in --
and these sand searches are not inexpensive. A typical sand search
will cost about a million dollars with all the documentation and
monitoring and survey that is required.
The only other source we have is down off of Cape Romano, and
that sand source is not as good, and we haven't developed that at this
point in time.
COMMISSIONER McDANIEL: And I'm just -- I don't mean to
be leading, but I just -- you know, I wanted to have a further -- because
a lot of folks just think that you can dump the dredge out there and
pump the sand back up on.
I do find it rather interesting that the shell content intermingled
with the sand disbursement is reduced because, naturally, the shells
come on -- come on shore all the time. They're out there and naturally
occurring. And when we're doing a beach renourishment project,
there's actual size limitations on the shells and the particulates that
come in with that as well.
MR. McALPIN: We screen, Commissioner, all of our sand
offshore. So we take the shells out. We screen it to three-quarters of
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an inch so that's how we get the shells off, and we don't have to deal
with that.
COMMISSIONER McDANIEL: Well -- and the other side is,
you can pump them back on. There are entire businesses after every
storm where people go pick them up and you --
MAYOR SOREY: And you, obviously, weren't here when we
had the rocks in the sand, so that's the major reason --
COMMISSIONER McDANIEL: Yes, I was here, Mr. Sorey.
MR. SOREY: Okay, okay. Well --
COMMISSIONER McDANIEL: And you want to be careful
when you're leading me because I have been on the handle of a dredge
before.
MAYOR SOREY: I understand.
COMMISSIONER McDANIEL: I know how to operate those
and what to do to not pump things you don't want on the beach.
MAYOR SOREY: Yeah. Well, at any rate, we made the mistake
of pumping a number of rocks on the beach, and that's when we went
to the screening which -- and I got complaints; they don't want the
rocks, but we want the shells, you're exactly right. So -- but to screen
out the rocks, we have to also screen out the shells.
COMMISSIONER McDANIEL: Right.
MR. OCHS: Commissioners, if I might just ask Gary to speak to
the schedule for this type of change --
CHAIRMAN TAYLOR: Yes.
MR. OCHS: -- and design with respect to the design and the
permitting --
CHAIRMAN TAYLOR: That's wonderful.
MR. OCHS: -- and time that it might take to get all of that
finalized.
MR. McALPIN: So we have in place the permit which would
allow us to go an additional 50 foot dry beach. What we have to do at
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this point in time is get the template changed -- the renourishment
template changed with DEP to allow us to go further out.
On all of our documentation -- we monitor the beaches every
year, and all the documentation that we have recently has said that we
could build a wider beach out to 50 foot, to get at a 50-foot dry beach,
so that's in place.
What we'll have to do is work with DEP to convince them that
there's not going to be impact to the near-shore hard bottom, and then
if they believe that there is impact then there will be issues of
mitigation that they will probably try to assess on us. But that's the one
issue.
If we embark on this program right now, it's going to take us, to
get that notice to proceed, probably about two years, okay, for when
we look at this activity.
And what we wanted to do first, before we start anything like that,
we want to work with our agencies, the U.S. Army Corps of Engineers,
Florida Department of Environmental Protection, to go over our plans
and make sure that we get a very positive and strong "yes" that they're
going to permit this program if we provide them all the information
that we want to.
So we would do that first, and then we would -- assuming we get
a positive response from that, and we bring it back to the Board and
you guys approve it, then we would move out and go forward with the
permitting program, and that -- to average about an additional 50 foot
of beach. Now, that's not 50 foot everywhere. That's average. Some
places are going to be wider, and some places are going to be narrower
throughout the beaches.
CHAIRMAN TAYLOR: I'm confused. I'm sorry, a hundred feet
plus 50?
MR. McALPIN: No, no. We have a -- we would add 50 foot of
dry beach, Commissioner, okay.
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CHAIRMAN TAYLOR: To what's existing right now?
MR. McALPIN: To what is existing to the dry beach that is
existing right now, okay.
So our standard is 100 foot for Naples and Vanderbilt Beach and
85 foot for Parkshore. That is not all dry beach. That's a combination
of dune vegetation and dry beach.
So what we would do is add 50 foot additional dry beach to what
we have out there right now, and that's what we would be working
with the agencies to do.
MR. OCHS: Go up another.
MR. McALPIN: The other thing we would look to do with this is
we would raise it up a foot so that we would have a higher dune. And
with raising it up a foot and making it 50 foot wider, we would take 20,
25 feet of that 50 foot, and we would do dune plantings, because the
dunes are really what the mass in the dunes -- the plantings, the roots
are what really protect your inland structures and your coastal
structures when you get storm surge.
So this is not -- this complements everything that Mike Savarese
talked about with coastal with the sea level rise, but it specifically deals
with where is our biggest threat on the coast, and our biggest threat on
the coast is from storm surge.
CHAIRMAN TAYLOR: It's interesting, because if we were able
to secure a planning firm, and with the three years of the study for the
NOAA grant and with the Savarese/Sheng partnership, all this is
coming together at the right time.
MR. McALPIN: Right.
CHAIRMAN TAYLOR: It's extraordinary. Things like this
don't usually happen.
MR. McALPIN: What we would try to do is that we could move
-- we could move independently with the coastal resiliency, building
wider and higher beaches, because that's already proven. Look at what
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happened in Upstate New York with the beaches up there in New
Jersey. The ones that survived were the ones that had strong, robust
dunes and dune plantings up there.
So our program, as we see it, would complement what Mike is
doing. We would be able to put in the low-hanging fruit right now, the
things that we need it to do. You know, the probability of DEP
granting us any wider or higher beaches than what we've just laid out is
probably very small because it would impact the hard bottom if we
wanted to try to go wider than 50 foot or higher than six foot.
That's not -- that's not reasonable. So we're kind of in that sweet
spot right now, which is what we can do and what is permittable and
doable, and that's how we look at it. But it would definitely
complement everything that Dr. Savarese and Florida Gulf Coast are
doing.
MR. SOREY: And, Madam Chair, Dr. Savarese and I were just
talking in the fact that I think as part of his science he could do some
analysis of beach mass and impact on upland impact from a storm
surge. So I think that's possibly something we could weave into this
program.
CHAIRMAN TAYLOR: And we didn't mention Marco Island.
We've got the City of Naples; we've got Parkshore. What about Marco
Island?
MR. McALPIN: Marco Island is very blessed. They have wide,
wide, wide beaches at this point in time. Marco Island will be a
different program completely than what we're looking at here. We
would have to work with Marco Island. And if we had a coastal
resiliency program, you know, we would -- Marco Island would be one
piece of this. I mean, this is the first step that we would look at.
Certainly we would do something at Marco, but we haven't studied that
yet. That's not to preclude them from the program. It's just to come.
CHAIRMAN TAYLOR: Okay.
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MR. McALPIN: They don't have the same problems we do
because of the width of their beaches.
CHAIRMAN TAYLOR: Good.
DR. SAVARESE: Am I allowed to make a comment?
CHAIRMAN TAYLOR: Of course, on the mike.
DR. SAVARESE: This -- I'm so pleased to hear that part of this
resiliency plan involved increasing dune height and dune width along
with elevating and widening the beaches. That makes good sense. I
think anything that our work determines, it's going to be clear that dune
height is going to be the most important influencing factor on how
vulnerable a section of a beach is.
So to invest money in beach renourishment where you're also
fortifying the dunes, increasing the dune height, vegetating the dunes
makes good, sound sense. So sounds like a great idea to me, so -- for
what it's worth.
CHAIRMAN TAYLOR: Thank you.
COMMISSIONER McDANIEL: Before he goes away, I do --
CHAIRMAN TAYLOR: Yes, go ahead.
COMMISSIONER McDANIEL: -- I did hit my light there.
Dr. Savarese, I just wanted to let you know that I really
appreciated the time that you took with me several months ago. And
the science that you shared with me didn't fall on deaf ears.
And at our last MPO meeting, if it hasn't trickled through the
weeds yet to you, I suggested to our DOT with regard to the potential
of a PD&E study with regard to -- for the bridges out on the East Trail,
because you had shared with me your grad student study work with
regard to the loss of grass flats and the differentiation between the east
and west side of the Fakahatchee Canal, that all sunk in.
DR. SAVARESE: Excellent.
COMMISSIONER McDANIEL: And while I was talking to staff
or to the DOT, we're to have a look at the widening of those bridges,
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which will help us from a pedestrian standpoint and, while we're doing
that, widening them east and west will enhance the sheet flow out of
the new restoration efforts up in the Picayune and Fakahatchee.
DR. SAVARESE: Fantastic. Thank you.
COMMISSIONER McDANIEL: Yes, sir.
DR. SAVARESE: Appreciate it.
COMMISSIONER FIALA: Madam Chairman, I have a group of
citizens waiting in the back for me at 2 o'clock, so --
CHAIRMAN TAYLOR: Okay.
COMMISSIONER FIALA: -- I'm going to depart. I'm so sorry.
But I'll be back there, you know. If you need me, I'll be --
CHAIRMAN TAYLOR: We know where to find you.
COMMISSIONER FIALA: Yeah. You can find me. If you still
are continuing on after my meeting leaves, I'll be back.
CHAIRMAN TAYLOR: All right. Very good. So -- yes,
Commissioner Saunders.
(Commission Fiala left the boardroom for the remainder of the
meeting.)
COMMISSIONER SAUNDERS: I think this is a question for the
County Manager.
We have a lot of significant policy decisions to make dealing with
the tourist tax. One of them is do we change the percentages that are
currently allocated for different uses. And I think there's been some
suggestion by board members that that may be something that the
Board would consider doing.
In addition, we have the fifth cent issue coming up with the
amateur sports facility, and I think that -- and this is a question of
process and timing. I think it would be better to make those policy
decisions more quickly than it would be to delay those, because the
more money we're able to collect and bankroll, the better off we're
going to be both for the amateur sports facility as well as for building
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up some funds for additional beach renourishment.
So I guess it's a question for the Manager and question for the
Commission in terms of timing. What are your thoughts on some of
these difficult issues that we have to work through?
MR. OCHS: Sure. It's a good question.
Just to refresh the board's memory, the last time you spoke about
the tourist tax and the allocation, you directed the staff to have the
chair of the Board write a letter to the chair of the TDC asking the
TDC to evaluate a reallocation, and they are in the throes of doing that,
Commissioner. They're scheduled for a public workshop on that issue
on the 18th of this month with the hopes of quickly concluding their
analysis and their recommendations back to the Board.
So, you know, I would expect you to have something back from
the TDC in terms of a recommendation on reallocation probably by the
middle of May at the latest, and we're back -- we're due to be back in
front of you in early June with hopefully some refined numbers on the
sports complex and more precise estimates of the cost of that project
and the debt service financing and what allocations would be required
out of a fifth penny for that.
So it could come together here in the next 60 days if that's fast
enough for the Board.
COMMISSIONER SAUNDERS: Certainly in terms of my
thoughts, that's more than fast enough. I just wanted to make sure that
we weren't sitting here six months from now still talking about
allocations --
MR. OCHS: Sure.
COMMISSIONER SAUNDERS: As long as the Tourist
Development Council is moving that along, it's --
MR. OCHS: Having said all that, of course, whatever you do is
going to require an amendment to your tourist development ordinance,
and that requires two trips to the Board and a supermajority vote of the
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Commission. So, you know, we have to advertise that in advance, and
hopefully before you break in July, we can bring that back in front of
you.
CHAIRMAN TAYLOR: We've got to do it before then.
MR. OCHS: Pardon me?
CHAIRMAN TAYLOR: We have to do it before then.
MR. OCHS: Yes, ma'am.
CHAIRMAN TAYLOR: I mean, we have to, because there's too
much out there. We have -- Mr. Staros is here, and he's very
concerned. I mean, he represents the two Ritz-Carltons and the Marco
Beach Marriott, and he's very concerned about this. I think it's very
important. These are very, very important. I keep using that word, but
very, very important issues that we as a community have to decide. So
I'm not suggesting we rush it, but we -- there's too much uncertainty
right now.
I want to make sure that in this discussion of the allocation or
reallocation that we separate the subject of adding a penny to the
reallocation. I think they have to be separated. I don't think we should
presume that you're going to have a vote of a supermajority vote here
to add another penny.
So when we're talking about reallocation, let's deal with what we
have right now and then discuss it and then maybe bring in the
additional penny.
MR. OCHS: If the Board wants me to provide that guidance to
the Tourist Development Council, I can. An alternative may be to ask
them for a reallocation recommendation on both the current 4 percent
and a 5 percent scenario, so...
CHAIRMAN TAYLOR: And I don't have a problem with that --
MR. OCHS: You know, the Board has indicated as recently as
the last meeting that they were committed to a fifth penny, so I think
we should get some recommendations on an allocation scheme that
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includes all five pennies.
COMMISSIONER SAUNDERS: I think the comment that was
made at each time that we've talked about the amateur sports facility is
let's don't have staff continue to evaluate amateur sports unless we're
committed to raising the fifth cent; I think we've all agreed to that.
Then the next question was, do you need the entire $5 million, $5.2
million bonded, or can you bond, you know, $4 million --
MR. OCHS: Yes, sir.
COMMISSIONER SAUNDERS: -- which would leave a million
dollars left over for other purposes. So I think they're intertwined, so I
think we have to deal with both of them.
COMMISSIONER McDANIEL: Madam Chair?
CHAIRMAN TAYLOR: Yes, go ahead.
COMMISSIONER McDANIEL: And, personally, I think we can
do both, the direction to the TDC to have a discussion about the
current prioritizations of the allocations of the taxes that exist and find
out if there's any adjustment. And that wasn't clearing my throat for
any other reason than clearing my throat. But the -- find out if there's
an opportunity to make some adjustments in the priorities of those
expenditures. I think we could ask that to begin in short order as staff's
going through analysis with regard to the extra one cent, and both can
be happening at the same time.
I mean, you're correct; necessarily they're two separate issues, and
I think personally, speaking for myself, we need to send a message to
our residents that the beaches are a priority for us, for us as a
community.
CHAIRMAN TAYLOR: Okay, good. Because, I mean, we've
all seen that pie chart which says the majority of the four cents is going
to advertising, and I think we have to look clearly at ROI on that and
discuss how we're going to reapportion the four pennies and then know
where that lies in terms of the beaches to determine what else is needed
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for beach resiliency planning and long term as well as the sports
complex.
COMMISSIONER McDANIEL: Well, if I might say, you know,
again, it's a direction from this board to our TDC as far as prioritization
with regard to the management of the TDT tax currently as it exists. Is
there an opportunity for a portion of that to be relegated for a bonding
instrument to allow for some of this widening and heightening of the
existing beaches and such? And I'm not saying that's what we do, I'm
just -- but I think we should give -- I would prefer that we give
direction to them to give us an analysis of the priorities of how they're
allocating those funds now.
CHAIRMAN TAYLOR: Good. So which means what?
MR. OCHS: So are we allocating four or five?
CHAIRMAN TAYLOR: Well, no. I think we need to look at the
reallocations -- I think we need to examine the reallocation of the four
pennies and then determine -- get an input from the TDC on that and
then assess what that brings in on the annual basis and then to bring in
-- and then to talk about the fifth penny. I think we owe it to the
public.
There's a lot of question out there. You know, when you talk
about adding a penny, everyone says forget it, you think. Just put it --
forget about the museums, forget about this, forget about that. I think
we owe it to them to do it, and it doesn't means it has to spend six
months doing it, but I think we have to look at it in those two areas.
COMMISSIONER McDANIEL: If I -- Burt had his hand up, and
then me.
CHAIRMAN TAYLOR: I'm sorry.
COMMISSIONER SAUNDERS: No, no. I'm just listening. I'll
wait until you're finished.
COMMISSIONER McDANIEL: I think we can do both. It
would be my preference that we give direction to the TDC to give us --
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to have a look at and give us a set of priorities with regard to -- and
alternatives as to how to use the current four cents.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: And then the additional penny
we seem to be in concert on, assuming the finances work together and
we can mesh the sustainability of the utilization of those funds and
such. I think we can -- you've got positive direction from this board to
work on both at the same time.
COMMISSIONER SAUNDERS: That's exactly what I was
going to say, so perfect. And if it turns out that we have a project, an
amateur sports facility that doesn't need an entire penny, then that's
fine; there's other uses for it, including beach renourishment.
MR. OCHS: Just remember, one of those four pennies can only
be used for destination marketing and promotions.
COMMISSIONER McDANIEL: We're aware of that; well, I am
anyway.
MR. OCHS: So you're splitting three pennies, not four, on that
reallocation.
COMMISSIONER McDANIEL: Right. That's something that
the TDC can come back to us on when we're going through the -- and,
basically, we're just asking for an adjustment in the prioritization.
Personally, I'd like to see that discussion opened up.
MR. OCHS: Yeah. We will convey that clearly to the chair.
CHAIRMAN TAYLOR: Good.
MR. OCHS: Who is not in the room right now.
COMMISSIONER McDANIEL: She's off in another meeting.
MR. OCHS: Yes. We'll let her watch the video. That will be
easier.
CHAIRMAN TAYLOR: There you go. I think we do have a
TDC member here, so...
COMMISSIONER SAUNDERS: Madam Chair, on these items
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that we just discussed, I don't know that you need a motion. I guess we
just accept the report and -- is that correct?
MR. OCHS: It appears as a presentation item, sir, yes. I don't
think there's any specific action required.
CHAIRMAN TAYLOR: And you want us -- and you're clear on
the direction of what we're asking? We don't need to make a motion?
MR. OCHS: Yeah. I'm going to have Mr. McAlpin begin a
preliminary study on what it would take to work with the permitting
agencies to get some decisions on some of the elements that he just
described that go along with this coastal resiliency concept. But we
don't need any specific board direction or authority to do that at this
point.
CHAIRMAN TAYLOR: Okay. Good. Do we have some
speakers, Troy?
MR. MILLER: No. We actually heard the speakers earlier.
CHAIRMAN TAYLOR: Okay. So no speakers. All right. Very
good.
Mr. Staros, would you like to speak?
MR. STAROS: Sure. Give me a microphone, I love it.
I'm Ed Staros. I represent the Ritz-Carltons here in Naples,
Florida. And for those of you who don't know, Ritz-Carlton is owned
by Marriott International, so we're one of the 30 brands at Marriott
International. So the Marco Island Marriott is part of the family as
well.
I would like to let you know that the hospitality industry is 100
percent against the fifth penny; 100 percent. I've talked to Michael
Watkins, third-generation hospitality family and so forth. I've talked to
Rick Medwedeff, myself. I've had some informal talks with the fellow
general managers.
You have to look at it a little differently than a penny. Think of it
as you're a meeting planner that's about to bring a group to Naples,
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Florida, and the meeting planner gets a set amount of money that he or
she may have. And the best example would be a typical group coming
to Collier County of reasonable size would be about $200,000. One
hundred thousand dollars of that would be the room tax, the bed --
paying for your room and accommodations, et cetera, and the other
$100,000 would be for the airfare and delivery of getting people to and
from the airport and the food and the beverage and the consumption of
what they'll have during their -- during their stay.
So let's just assume that's the normal just for the sake of this
analogy. If you have $100,000, 4 percent of that is already gone. The
meeting planner has $96,000 to spend on his or her program.
A fifth penny means $95,000. There's an extra -- you know, all of
a sudden there's money drying up for the purpose of what the whole
meeting is, and that is to come to the area to learn from whatever the
meeting is bringing.
So we don't look at it as a penny. We look at it as an additional
percent less money being spent in Collier County, less room
accommodations, less food, less beverage, et cetera.
We also agree with what I just heard, that we would love to chat
about the allocation of the 4 pennies because, quite frankly, nobody in
the hospitality industry -- well, the fourth -- nobody in the industry is
happy with the present allocation, okay. So I think that's a wide-open
subject that I'd love to get more of my colleagues involved with and
the TDC because, quite frankly, it doesn't make a lot of sense.
We in the hospitality industry look at the number one purpose of
the bed tax is for beach renourishment, and then the number two
reason is for the marketing of the area. And say, well, why marketing?
There are so many more destinations now and so many new fun,
wonderful places to go to, one has to market to be able to keep your --
to keep -- to keep growing.
I shared this with Penny when we were chatting a couple of days
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ago -- I had an appointment with her. I spent a lot of time -- I first --
I've been with Ritz-Carlton now for 34 years, and the first 16 I spent in
Atlanta, Georgia, and I got to know many of the executives of
Coca-Cola. And one of the senior executives that I had lunch with one
day, we were chatting about advertising money, and he shared with me
over lunch, he said, Ed, if we eliminated advertising -- this is many
years ago, at least 25 years ago.
If we eliminated advertising for 30 days, you never saw a sign, a
billboard, an advertisement, you never saw a banner at a sports facility,
et cetera, in those 30 days, we would lose between 20 and 25 percent
of our customers, and that's a name pretty well known, Coca-Cola.
And so they believe in the amount of advertising, always keeping
it front of mind, front of mind, front of mind so you always think of a
Coca-Cola when you go to the grocery store. That was just -- that was
25 years ago.
I believe the same; if you don't continuously look at and remind
your customers that have been here before and may not have been here
for a while or want to bring a new guest to the area, you need to
advertise.
So those are the two main issues of the present formula; however,
other than the beach renourishment, which should get the lion's share
of the money -- you heard it from me.
CHAIRMAN TAYLOR: What is a lion's share, sir?
MR. STAROS: Well, if I had it my way, if I could just, you
know, eliminate all this and just write an edict, I would do 60 percent
to beach renourishment, 40 percent to marketing, period, because I
don't believe -- I believe the museums are a wonderful thing, but I
don't think they should be funded by a bed tax. Operating expenses
shouldn't be funded by a bed tax. That should be in another fund of
some sort, in a general fund, et cetera.
But those are the two areas that I would vote for, and I would be
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very pleased that the 60 percent of whatever is being collected, let it be
two, three, four, five cents, would go to beach renourishment, and 40
percent would go to future marketing.
I'd love to chat with all of you on it in more depth, but I don't
want to take up any more of your time today. But I'm very serious that
-- and we're the ones that collect it, you know, and nobody that's
collecting it wants one fraction of a penny to go to a sports facility
even though we also all agree that a sports facility would be a nice
thing for the community.
Thank you.
COMMISSIONER McDANIEL: Thank you.
CHAIRMAN TAYLOR: Thank you.
Item #9B
ORDINANCE 2017-12: 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 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; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE
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COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE – ADOPTED
MR. OCHS: Madam Chair, that takes us to Item 9B on this
afternoon's agenda. This is an item that was continued from the March
28th, 2017, board meeting. This is a proposed Land Development
Code amendment dealing with stormwater management and water
management requirements. Mr. Bosi will present.
And I will also add, Commissioners, that there is a companion
item related to this item that was moved off of the consent agenda at
the request of Commissioner Solis this morning, and that is Item 16A8
that is now Item 11B. This is the administrative code that provides the
implementation procedures for these Land Development Code
amendments. So after we hear the Land Development Code
amendment, we can go right to the admin code.
Mike?
MR. BOSI: Thank you, County Manager. Mike Bosi, Planning
and Zoning Director.
We're here again today on a continuation from an item that was
presented to the Board of County Commissioners on the 28th of March
provided an overview of the amendment in terms of how it affects the
individual lots and how it would require, after a certain threshold,
engineered stormwater plans for those lots.
There was concern raised by the dais about vetting it with the
stakeholders out in the Estates. On April 5th, Jeremy Frantz, myself,
Matt McLean went out and spoke to the Golden Gate Civic
Association Executive Committee, provided an overview of the -- of
the amendment; about an hour long discussion at the end.
They supported the amendment, but they wanted me to carry a
message as well that a comprehensive approach to water management
in the Estates is something that is direly needed and that they would,
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you know, support this amendment but support that larger wholesale
approach to water management and the need for agency-wide
collaboration on that issue.
With that, any questions the Board may have.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: I'll move for approval.
CHAIRMAN TAYLOR: I'll second that.
COMMISSIONER McDANIEL: And I want to -- for discussion
purposes, if I may, I just want to compliment staff and thank staff for
doing as I asked. You spread it out across the dais, but it was I who
asked for you to -- that I pulled that the last time, and you did reach
out.
I had some folks that reacted poorly to the initial language, and
you did take the time to reassure and let them know. I want to thank
staff for going forward with that.
CHAIRMAN TAYLOR: Good. There's a motion on the floor
and a second. All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: Let the record show that a
supermajority approved it, four votes. Thank you.
Item #11B
RESOLUTION 2017-73: AMENDING ORDINANCE NO. 2004-66,
AS AMENDED, THAT CREATED AN ADMINISTRATIVE
CODE FOR COLLIER COUNTY, TO AMEND EXHIBIT “B,”
April 11, 2017
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ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, BY
AMENDING CHAPTER FOUR, ADMINISTRATIVE
PROCEDURES, MORE SPECIFICALLY TO ADD SECTION M,
STORMWATER PLAN; AMENDING CHAPTER EIGHT, PUBLIC
NOTICE, MORE SPECIFICALLY TO AMEND SECTION F,
STAKEHOLDER OUTREACH MEETING FOR GOLF COURSE
CONVERSION (SOM); AND PROVIDING AN EFFECTIVE
DATE – ADOPTED
MR. OCHS: Commissioners, Item 11B was the administrative
code item that was moved off consent agenda at Commissioner Solis'
request. This is the item that was implement the Land Development --
excuse me -- Land Development Code amendments that you just
authorized as well as those related to the golf course conversion item
that you approved at the last meeting.
CHAIRMAN TAYLOR: Commissioner Solis?
COMMISSIONER SOLIS: Yes. And I understand that we have
already -- this is the second reading on this particular ordinance, but in
going back through it, I just wanted to make sure that at least I was
clear on some of the things that are contained in there, and one of them
that I really was not sure I understood was this web-based -- what is it,
web-based visual survey?
MS. CILEK: Correct, yes. Caroline Cilek with Collier County's
Growth Management Department, and I'd be happy to elaborate on one
of the --
COMMISSIONER SOLIS: Please.
MS. CILEK: -- stakeholder outreach methods, which is a
web-based visual survey.
MR. OCHS: This is related to which amendment?
MS. CILEK: This is related to the golf course conversion
process. And, as you know, obtaining public input from the
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stakeholders is the foundation of this process. And we are going about
that in two different ways, and the first is a stakeholder outreach
meeting, and the second is the web-based visual survey.
And the stakeholder outreach is a meeting; two meetings
required; it's a publicly noticed requirement. And in the letter that
would go out to the stakeholders would be a link, a user-friendly link
to a survey. And the intent of the survey is to provide individuals who
are not here in Collier County when that meeting is to take place an
opportunity to look at what the applicant is proposing.
It is visual in the sense that we wanted them to share information
that would be shared at the stakeholder outreach meeting, visuals of
the conceptual development plan. It is something that we have
identified in the LDC that you all adopted in the last meeting as well as
detailed in the administrative code which is before you today for final
review.
The web-based visual survey, a similar goal as a stakeholder
outreach meeting, obtain input. One of the requirements is to allow for
additional comments to be made, and the general goal is to be able to
obtain input from people who can't be at the meeting, seasonal
residents, perhaps, or individuals who have family or work obligations.
I have an example of it -- of one, if you'd like me to put it on the
overhead.
COMMISSIONER SOLIS: Please.
COMMISSIONER McDANIEL: While she's bringing it up, may
I ask my question?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: And it's not in lieu of the
processes of the NIM or notice. This is in addition to allow people to
participate in the notification process. It's not in lieu of --
MS. CILEK: Correct.
COMMISSIONER McDANIEL: -- the requisites of the NIMs
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and such. Good.
COMMISSIONER SOLIS: And one of the reasons I'm curious
about this is, as you were saying, this is an effort to address or give
people that maybe aren't here or can't attend the neighborhood
information meetings the ability to provide some input. We've had a
lot of discussions that that's very important, especially in the context of
the golf course conversion.
So I'd just like to look through it. If you could just give us a
quick run-through, I'd appreciate it.
MS. CILEK: Sure. We prepared this for the Planning
Commission to take a look at. We've had it available on our website
and in the backup materials. And I'll scroll through here.
So we have 10 different questions all with the same format, and
we're looking, in this example, asking people their level of support.
And this is just an example. We were, you know, looking --
COMMISSIONER SOLIS: You just made this up for --
MS. CILEK: We did. We created it in a couple hours. It was
very easy to do. Survey Monkey.
COMMISSIONER SOLIS: Are we currently doing this already?
MS. CILEK: No. This is a new idea, and we felt that it was
something -- we wanted a robust process for the golf course
conversion, and to do that we wanted to make sure that people had
opportunities to provide input in different ways, and so we wanted to
do a survey in addition to the stakeholder outreach meetings.
CHAIRMAN TAYLOR: Good.
MR. OCHS: Keep going.
MS. CILEK: Sure.
COMMISSIONER McDANIEL: And this is available online, is
it, this example?
MS. CILEK: Yep. This is our example. It's available on the
Land Development Code website. This is one way it could be done.
April 11, 2017
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There is flexibility built into how an applicant could do a survey.
There's some general guidelines that are in the admin code. I'd be
happy to put those up as well for you, but it's just another mechanism
to obtain input and feedback.
COMMISSIONER SOLIS: And who will be preparing the --
MS. CILEK: The applicant.
COMMISSIONER SOLIS: The applicant? Okay.
MS. CILEK: And some of those general guidelines would be
reviewed by staff to make sure it meets those, and then they would be
able to go forward, yep.
CHAIRMAN TAYLOR: I like it.
MS. CILEK: Thanks.
MR. OCHS: So the specific recommendations with regard to the
administrative code item that's on the agenda.
MS. CILEK: So with -- the administrative code is before you
today because we, at the last meeting, discussed adding a time -- like a
month limitation of when they could have the stakeholder outreach
meetings. So I can pull that up for you.
And that was the only change that was discussed at the last
meeting, so I believe today I was just to provide information about the
web-based visual survey.
MR. OCHS: I think the Board indicated that it would be from
November 1st to April 1st, and the staff was recommending it go
through the end of April.
COMMISSIONER McDANIEL: An extra 30 days.
MS. CILEK: Yes.
COMMISSIONER McDANIEL: Through the Easter holiday.
MS. CILEK: I didn't want to misrepresent the dates. So, yes, it is
November 1st through April 30th, and that is a six-month time period.
CHAIRMAN TAYLOR: I like the idea that the applicant creates
this survey a lot. I mean, that just takes it away from any kind of
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tampering by staff or any kind of bias one way or the other if the
applicant's doing it.
COMMISSIONER SOLIS: I just wonder if there is going to be
some direction from staff as to what needs to be in it just in case you
don't get a survey one question.
CHAIRMAN TAYLOR: I watched the faces of my colleagues to
the left when I said there's no bias in it, and they both smiled like, oh,
yeah, right.
COMMISSIONER McDANIEL: When it's being done by the
applicant, there's some bias.
CHAIRMAN TAYLOR: Yeah. Well, the bias could be the other
way.
COMMISSIONER SOLIS: Right. So there's -- okay.
MS. CILEK: So at the bottom of that page are details. There are
three bullet points about what we're looking to have in the web-based
visual survey. And as long as they meet those three bullet points, they
can release their survey.
COMMISSIONER SOLIS: And staff will review to make sure
that the survey has addressed each one of those. Okay.
MS. CILEK: Yes.
COMMISSIONER SOLIS: Okay.
COMMISSIONER McDANIEL: And it is an enhancement to the
processes that are already in place. This is just an additional robust, I
believe was the description, of an addition to the information process.
CHAIRMAN TAYLOR: All right.
COMMISSIONER SOLIS: And my only -- my last comment
would be the change in the time frame for the NIM specifically for golf
course conversions. I mean, there's some concern out there that maybe
this is headed in the direction of we're going to require all NIMs to be
within a certain time frame, and I just want to make sure that what
we're talking about today is specifically just for golf course
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conversions.
MS. CILEK: Correct. So for -- the time limitation would apply
to stakeholder outreach meetings, which is a unique type of meeting
only for golf course conversions, and they're -- the NIMs is a separate
issue.
COMMISSIONER SOLIS: Right, right. But we're just talking
about the stakeholder meetings.
MS. CILEK: Today we are talking about the stakeholder
outreach meetings for a golf course conversion.
MR. OCHS: The larger NIM issue will be on your next agenda.
COMMISSIONER McDANIEL: Not if I can help it.
COMMISSIONER SAUNDERS: Madam Chair, are you ready
for a motion on this item?
CHAIRMAN TAYLOR: I am; I am very much.
COMMISSIONER McDANIEL: Mr. Solis?
COMMISSIONER SOLIS: Yes, I am.
COMMISSIONER SAUNDERS: I'll make a motion to approve
Agenda Item 11B, the recommendation to approve a resolution
amending Ordinance No. 2004-66.
COMMISSIONER SOLIS: I'll second that.
CHAIRMAN TAYLOR: Any discussion? Mr. McDaniel.
COMMISSIONER McDANIEL: No. My light's been on for a
while. I leave it on in case I decide to say something.
CHAIRMAN TAYLOR: Okay. We have a motion on the floor
and a second to approve this -- the item as presented by staff. All those
in favor, say aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
April 11, 2017
Page 152
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you very
much, four votes.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that brings us to Item 15, staff and
commission general communications.
I have nothing today, Commissioners.
CHAIRMAN TAYLOR: Okay.
MR. KLATZKOW: Nothing.
CHAIRMAN TAYLOR: County Attorney?
MR. MILLER: Nothing for me.
CHAIRMAN TAYLOR: Ms. Kinzel, nothing?
MS. KINZEL: No, nothing for me.
MR. BROCK: I had to come over here and see if you-all were
really meeting. Things have been so quiet and peaceful and wonderful.
And everybody asks me, you know, what's going on? Nothing's
happening. So I had to come over here and see if you-all were really
meeting.
CHAIRMAN TAYLOR: Do you have anything you'd like to
comment on?
MR. BROCK: No.
CHAIRMAN TAYLOR: You just had to make sure we're here,
right?
MR. BROCK: Just had to make sure you're here. You know,
when nothing happens, you know, you begin to wonder after a while.
But this is a good thing, folks.
COMMISSIONER McDANIEL: I was just going to -- on the
April 11, 2017
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contraire; there's a lot happening.
MR. BROCK: Well, nothing that I am involved in.
COMMISSIONER SAUNDERS: When Crystal is here,
everything goes nice and smoothly.
MR. BROCK: That's right. Okay. I gotcha.
MS. KINZEL: Thank you. That's raise worthy, right.
MR. BROCK: It is very nice to see a congenial board. I will tell
you that just sitting here. It's like day and night.
COMMISSIONER McDANIEL: We're happy to be here, sir.
COMMISSIONER SOLIS: We are.
CHAIRMAN TAYLOR: Commissioner McDaniel, nothing?
COMMISSIONER McDANIEL: Oh, no, no. I have three.
CHAIRMAN TAYLOR: Oh.
COMMISSIONER McDANIEL: And I'll be brief. Number one, I
would like to have a brief discussion with my colleagues. I have
gotten approval with staff to bring forward an initiative to assist with
Conversation Collier, an establishment of a not-for-profit organization
called Friends of Conservation Collier when we had -- when we had
the discussion several months ago, there was a nice gentleman that
came to the podium, had the Green Bay -- if you'll recall the Green
Bay Packers T-shirt on and talked about how they sold stock at $500 a
share, and he actually volunteered to be our first shareholder.
And if I could get somewhat of a head nod out of my colleagues, I
would like to give direction to staff to construct a Timex, not a Rolex,
not-for-profit organization. And it's a -- when I say Timex, I mean -- I
don't want to overcomplicate the issue. These are nonvoting
ownership shareholders who can voluntarily contribute to Friends of
Conservation Collier, and the revenues generated will go to the
Acquisitions Committee for future acquisitions.
CHAIRMAN TAYLOR: Wouldn't that be through Community
Foundation? I don't know if we can do that.
April 11, 2017
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COMMISSIONER SAUNDERS: I think it's a good idea to have
a not-for-profit created for that purpose. I'm not so sure we want the
county to do it. There's all kinds of reporting issues and
recordkeeping, and I'm just not sure. That would be something for the
County Attorney to opine on, but --
COMMISSIONER McDANIEL: I was talking to Crystal.
Crystal's over here adding her two cents in, but she hasn't said
anything.
MS. KINZEL: No, sorry. The Board as a county can take and
accept contributions for multiple purposes. We have had some
concerns and issues when a separate non-profit that's really related to
the governmental entity, and then whose books and who audits and
who reporting (sic) and whether a component unit of government,
depending on who decides the board (sic). It really makes it very
complex.
If anyone wants to contribute to Conservation Collier, I'm not
aware of anything that keeps them from doing that just by presenting
funds to the Board.
COMMISSIONER McDANIEL: And I would like to maybe
readdress the spirit behind what it is, in fact, that I'm looking to do and
proposing here.
And this is regarding -- and I have had conversations with our
County Manager and our County Attorney, and this is legal, and we do
have other Friends organizations within the county that is -- the
process here is to incentivize the philanthropic community to
voluntarily come out and participate in support of our conservation
efforts through this organization called Friends of Conservation
Collier.
Oh, well, here we go.
MR. OCHS: Commissioners, while the Clerk's coming up, just in
terms of full disclosure, I think the distinction, as I understand, through
April 11, 2017
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my discussions with Commissioner McDaniel, your normal Friends
groups raise money in whatever denominations they raise. And then,
as Crystal said, they turn them over to dedicated trust funds that are
operated for the benefit of those departments.
I think what the Commissioner has in mind, and correct me, sir, if
I'm wrong, is issue a share at a fixed price to anyone who wants to buy,
quote-unquote, a share for a fixed price.
COMMISSIONER McDANIEL: That's correct, and that was --
the gentleman that came to us to the podium said -- raised his hand,
said he was going to be the first donor for $500 for Share 000001.
MR. OCHS: The best analogy I can -- I'm sorry, Dwight. The
best analogy I can recall for something similar was when we had a
not-for-profit organization selling bricks for the Freedom Memorial.
Crystal, you know, that was not a county group, but it was a
not-for-profit.
MS. KINZEL: Correct. There is, obviously, a construct that
works but, as you know, we went down a path a little far on the bricks.
So, absolutely, conversation is important, and we can come up with a
legal mechanism.
MR. BROCK: The only point I want to make --
CHAIRMAN TAYLOR: Would you please identify yourself, sir.
MR. BROCK: My name is Dwight Brock. I'm the Clerk of
Courts.
The point that I want to make is that, as we all know,
governments are not private entities. The bureaucracy associated with
governments far exceed those of private entities. And you run into the
problems when you start basically co-mingling the function.
If you're going to create a private entity, create the private entity
and have it do whatever it's going to do. If it's going to be a part of
government, then you need to create it as a part of government, and it
will go through all of the bureaucracies of any other part of
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government.
And that's where we run into the problem is when you begin
trying to commingle those two functions, and I come in and start
looking.
Okay. And --
COMMISSIONER McDANIEL: You're welcome --
MR. BROCK: -- the very simple solution to that is just keep
them separate.
COMMISSIONER McDANIEL: You're welcome to come look.
And if you'll recall at the beginning of my statement, I talked about a
Timex, not a Rolex. This isn't a very complex process. This is just an
initiative.
CHAIRMAN TAYLOR: Why wouldn't you do a -- why
wouldn't you just have people who are interested and do it privately
and then use the Community Foundation as the holder of the money, or
buying of the bricks or holder of the shares? Why wouldn't you do it
like that?
MR. BROCK: They charge a service fee.
CHAIRMAN TAYLOR: Yeah, but they also guarantee the
money's spent for what it's supposed to be spent for.
COMMISSIONER McDANIEL: So are we.
CHAIRMAN TAYLOR: Change -- you may not be here. That's
why the Community Foundation is so important because what they do
is they become the --
COMMISSIONER McDANIEL: Intermediary.
CHAIRMAN TAYLOR: -- intermediary between people who
want to give to organizations or government and to make sure the
money's spent the way it's supposed to be spent.
COMMISSIONER McDANIEL: If everybody doesn't like the
idea, then we don't -- it was just an idea that I had to look to support it.
I don't want to make it more complicated. I don't want to make it with
April 11, 2017
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bureaucracy. That's why I said a Timex, not a Rolex, and I specified,
simple organization with the monies generated to go to the
Acquisitions Committee that's already an advisory committee to this
board for those acquisitions, so there's not a lot -- it's all transparent.
There's not a lot of bureaucracy that travels along with that. I thought I
was fairly clear, Commissioners.
COMMISSIONER SOLIS: I mean, I -- how we get there is not,
you know, an issue, but I think we're still in just the conceptual stage
here.
COMMISSIONER McDANIEL: Sure.
COMMISSIONER SOLIS: I like the idea. And I like -- you
know, they do cloud funding for all sorts of things, you know.
COMMISSIONER McDANIEL: Right.
COMMISSIONER SOLIS: So I don't know that that's --
COMMISSIONER McDANIEL: It's not brain surgery.
COMMISSIONER SOLIS: Yeah. I think there's some --
CHAIRMAN TAYLOR: Yeah, but for government.
COMMISSIONER SOLIS: Well, I mean -- right. Whether or not
it's a department or a subdivision of the county, I'm not sure that that's
-- because it does make it more complicated for whoever's doing this,
but --
COMMISSIONER McDANIEL: I have had lengthy
conversations with our County Manager and our County Manager with
regard to the legalities and such, and there -- and they asked me to
bring it forward today to see if we could get a head nod for them to
pursue this. Now, if there is not a head nod, we'll go do something
different.
What are those two doing?
COMMISSIONER SAUNDERS: Madam Chair? I like the idea
of some entity. I'm a little concerned about the government creating it,
and part of the reason is -- you know, if we talk a little bit about the
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recordkeeping and all that, but part of it is, you know, if you're a
petitioner in front of the County Commission and you're a contributor
to our philanthropic entity, does that put pressure on people to want to
contribute? So I'm just a little concerned.
I agree that we should -- it's nice to take a look at it, but I think
there's some issues there that we just have to be careful of.
COMMISSIONER McDANIEL: How about if for now, then I
will go back and consult with our staff and bring forward a little more
specificity.
COMMISSIONER SAUNDERS: I think you can feel
comfortable that there's a majority to go forward with it.
COMMISSIONER McDANIEL: Just in how we get there from
here?
COMMISSIONER SAUNDERS: Just some cautions there.
COMMISSIONER McDANIEL: And I'm not opposed to the
Community Foundation being an intermediary. If it helps keep it out
of government and keeps the bureaucracy to a lower order, I'm good
with that. I really don't care how we get here -- how we get there from
here. I just thought we -- the County Manager, County Attorney, and I
had a consensus on that it was legal and it was okay and it was
something that was accomplishable.
So I do have two other things, but go ahead, Mr. Clerk -- forgive
me, Madam Chair.
MR. BROCK: I'm not suggesting that it needs to go to the
Community Foundation.
CHAIRMAN TAYLOR: No.
MR. BROCK: I'm just suggesting it's either a government
function or it's a private function --
COMMISSIONER McDANIEL: Got it.
MR. BROCK: -- and not to try to do both of them in one entity.
COMMISSIONER McDANIEL: Well, it is -- the Conservation
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Collier is a government function, and this philanthropic effort can, in
fact, be done through the government and support a government
function as long as we designate how it's done, so...
MR. BROCK: And they can contribute to the county when they
want to give the county for something. At that point in time it
becomes the county's funds. The Board of County Commissioners can
then make the determination how to spend it.
CHAIRMAN TAYLOR: That's right.
MR. BROCK: Very simple process.
COMMISSIONER McDANIEL: Understood.
COMMISSIONER SOLIS: Yeah, because it gives -- people can
give contribution -- cash contributions to Conservation Collier as it is
now.
COMMISSIONER McDANIEL: Yes, it is, and the rationale
was, it's a piece of the pie. It's a voluntary -- it's a voluntary piece of
the pie; voluntary contribution to designate/delineate that they are an
owner in Conservation Collier, and that was the rationale.
CHAIRMAN TAYLOR: But what if -- and this is a what-if. But
it just occurred to me --
COMMISSIONER McDANIEL: Are you on the dark side
again?
CHAIRMAN TAYLOR: Well, Conservation Collier, there's two
-- there's purchasing and there's maintenance. So do they buy bricks
that say, you're going to only use this for purchasing, I do not want to
be part of maintenance. Or do they buy bricks to say maintenance, no
purchasing? So you're going to commingle funds that are going to be
at the discretion --
COMMISSIONER McDANIEL: No, no, no. Don't put words
into my mouth, Madam Chair. I did not commingling funds. I
specifically said a simple process of stock ownership, Friends of
Conservation Collier with money going to the Acquisition Committee.
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Didn't say anything about operations, didn't say anything about
commingling. I said, going to the Acquisitions Committee.
CHAIRMAN TAYLOR: I don't think it's simple, but that's it.
COMMISSIONER SAUNDERS: Take a look.
COMMISSIONER McDANIEL: We'll take a look at it, and I'll
bring back a little more specificity.
MR. OCHS: We're happy to work with the commissioner and
certainly with the Clerk's Office --
CHAIRMAN TAYLOR: I think that's good.
MR. OCHS: -- and make sure he got exactly what he wants and it
all will work internally.
COMMISSIONER McDANIEL: He doesn't always get what he
wants.
But, number two, if I may continue, I would like an update report
on where we're at with Moraya Bay and efforts, County Manager -- oh,
you have an answer?
COMMISSIONER SAUNDERS: No, No. I was going to tag
onto that, because I had a conversation with the County Attorney on
that topic.
COMMISSIONER McDANIEL: Okay. If you're going to gather
it there, we'll leave it alone.
COMMISSIONER SAUNDERS: I don't want to --
CHAIRMAN TAYLOR: You already did.
COMMISSIONER SAUNDERS: Oh, okay. I just wanted to let
you know that there's some conversations that may tag along with what
you're ready to say -- what you're saying there.
Apparently, there's some other hotels that engage in some of the
activities --
COMMISSIONER McDANIEL: Right.
COMMISSIONER SAUNDERS: -- and the County Attorney has
suggested the possibility of some kind of an ordinance that requires the
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beaches to be open --
COMMISSIONER McDANIEL: Right.
COMMISSIONER SAUNDERS: -- that can be enforceable. I
don't know if you were going there or not.
COMMISSIONER McDANIEL: I was kind of going there, just
as topic.
COMMISSIONER SAUNDERS: I'm sorry.
COMMISSIONER McDANIEL: No, it was just a topic of
discussion. I wanted an update as to what was going on with Moraya
Bay and whether we needed to have a discussion with open beaches
ordinance just to allow for a little more enforceability with our public
traffic on the beaches.
COMMISSIONER SAUNDERS: I think we do.
COMMISSIONER McDANIEL: I agree. So do you -- do we
need to bring it back as a formal agenda item? Do you want to develop
it, or do you want me to?
COMMISSIONER SOLIS: Well, the part I don't -- can I -- do
you mind if I jump in. I mean --
COMMISSIONER McDANIEL: We're in commissioner
comments, so you can go.
COMMISSIONER SOLIS: Okay. And it's predominantly my
district we're talking about. I mean, the law is that there is a public
part of the beach.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SOLIS: It belongs to the public.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SOLIS: A resolution doesn't change that.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SOLIS: So I don't know -- I mean, the
purpose of a resolution would be to restate what the law is already,
right?
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COMMISSIONER SAUNDERS: Well, I think that if you had an
ordinance that outlined that, it becomes a little bit more enforceable, or
a little more easily enforced. I don't know -- it looks like the County
Attorney has something to comment on this.
MR. KLATZKOW: Yeah. This isn't reinventing the wheel here.
There's a different between ownership and public -- and access, all
right.
COMMISSIONER SOLIS: Right.
MR. KLATZKOW: And there's a constitutional right of the
public to access to the beaches. And this would not be the first county
ordinance of this type. In fact, I would just copy off of other county
ordinances, which gives the public the right to access the beach.
CHAIRMAN TAYLOR: But access does not -- is not narrowed
to land access. They can access the beach from the water.
MR. KLATZKOW: No, no, no, no, no, no, no. Everybody keeps
saying that.
CHAIRMAN TAYLOR: Well, then Pelican Bay is in violation.
MR. KLATZKOW: Okay. Then, the biggest issue with Pelican
Bay, actually, is access, you know, parking and everything else.
But if what you want to do is prevent the situation as we've had in
the past with Moraya Bay, I can give you an ordinance that will do
that.
COMMISSIONER SAUNDERS: Well, that's what I would like
to see, and I think that's what Commissioner McDaniel was --
CHAIRMAN TAYLOR: So why --
COMMISSIONER SOLIS: So -- I'm sorry.
CHAIRMAN TAYLOR: Go ahead, sorry. This is your district.
COMMISSIONER SOLIS: So we have an ordinance that says
that you cannot close off the public -- you cannot close off the part of
the beach that the public has access to.
MR. KLATZKOW: Has customarily used, yes.
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COMMISSIONER SOLIS: Okay. And the enforcement
mechanism for that would be what?
MR. KLATZKOW: Code enforcement.
MR. OCHS: The problem comes in that part of the customary
use is on the private beach.
COMMISSIONER McDANIEL: Right.
MR. OCHS: That's where the rub is created.
COMMISSIONER McDANIEL: And just as a -- you two have
the legal aspects of this. This is a process where if it's left unattended,
there's a potential for questions of private access being shut off --
public access. Excuse me, public access being shut off if the action is
continually done without enforcement capacity other than the
trespassee/trespasser issue.
COMMISSIONER SAUNDERS: I think the general law is that
the beach seaward of the erosion control line is public.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SAUNDERS: And I think what's happening
is that you have some hotel operations or other operations where they
are putting cones up and things on the beach seaward of the erosion
control line.
Now, that still leaves beach access. That still leaves beach in
front of that. And I think the ordinance would simply outline that so
that there would be, perhaps, a little bit easier mechanism to enforce it.
That's the only thought. If you don't need anything to enforce it --
MR. KLATZKOW: It's two readings. I'll bring you something,
and if you don't like it, you don't have to move forward with it.
CHAIRMAN TAYLOR: But do we need it? Isn't that the law as
it exist? Why isn't there code enforcement being applied?
MR. KLATZKOW: Commissioners, what I'm talking about is
more than just -- we'll call it wet sand, dry sand. I'm including dry
sand on this with the ordinance. But let me -- let me bring you
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something. You either like it or you won't like it or...
COMMISSIONER SOLIS: Just, if you're going to bring
something forward, I think part of the issue is where is the erosion
control line.
COMMISSIONER McDANIEL: Good question.
COMMISSIONER SOLIS: Right? I mean, maybe what we
ought to be doing is requiring some demarcation where -- so for the
people that -- the public that are traveling down the beach can know
also that's the private beach, this is part of the beach that we can travel
on because, I mean, if I'm walking out on the beach, I would have no
idea.
COMMISSIONER McDANIEL: As much as anything else, as is
often the case, the more we communicate with regard to how things, in
fact, are and supposed to be, the greater opportunity we have for
success and enforcement and reduction of conflict, because there are
people who know where that line, in fact, is and don't and --
CHAIRMAN TAYLOR: But have these folks been talked to?
MR. OCHS: Which folks, ma'am?
CHAIRMAN TAYLOR: The ones that run the hotel. Has anyone
gone down there and said --
COMMISSIONER McDANIEL: Yes.
MR. OCHS: Yeah, and they're telling you that their chairs are on
their property, and they're right.
CHAIRMAN TAYLOR: And so has Code Enforcement been
brought in?
MR. OCHS: To do what, throw them off their own property?
No, ma'am.
COMMISSIONER SAUNDERS: We're only talking about the
public part of the beach, seaward of the erosion control line. I don't see
the harm in having the County Attorney come back with something for
us to take a look at and some explanation as to why this would be of
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some benefit.
MR. OCHS: Commissioner, I don't disagree, but the issue with
Moraya Bay, with respect, I don't think had anything to do with the
coastal control line. It was -- people were used to using the portion of
the dry sand that was actually on private property.
COMMISSIONER McDANIEL: Right.
MR. OCHS: And that's where all the conflicts come in.
COMMISSIONER McDANIEL: At this particular area. There
are other conflicts --
MR. OCHS: Yeah. So that's, I think, what Jeff -- Jeff, I don't
want to put words in your mouth.
MR. KLATZKOW: That's what I'm saying. What I'm going to
bring back is going to include dry sand landward of the erosion control
line. We'll take a look at it and discuss it. And if it interests you, we
can move it for a second reading.
MR. OCHS: We'll bring GIS maps that show where all the lines
are, you know, the coastal control line and the setback lines and the
private property lines, and you'll get a better idea of the issues.
COMMISSIONER SOLIS: And maybe give some thought to
how do we require, whether it's Moraya Bay or a hotel or whatever, to
correctly indicate where that line is? Because I think -- right?
MR. KLATZKOW: Commissioner, I'm talking dry sand. You
keep talking the erosion control line. I'm talking about landward of that
spot. But let me bring you the ordinance for your review and...
COMMISSIONER SOLIS: Okay. But then -- I'm sorry. Maybe
I'm confused. The public has access to the area of the beach that's
seaward of the erosion control line. We all agree on that? That's the
law?
COMMISSIONER McDANIEL: Go with that.
MR. KLATZKOW: Well, what I'm telling you is that they've
also got customary access, all right. And if you've been using it for 20,
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30, 40, 50 years, you can't fence it off.
CHAIRMAN TAYLOR: Now, we've --
COMMISSIONER SOLIS: So there's more than the access issue
that's seaward of the coastal construction line?
MR. OCHS: Absolutely; yes, sir.
MR. KLATZKOW: Yes.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SOLIS: I'd like -- yeah. I mean, I'd like --
bring something forward and some backup on the case law and on how
that works. I'd like to understand that a little better.
CHAIRMAN TAYLOR: Yeah, that makes sense.
COMMISSIONER SOLIS: Okay?
MR. KLATZKOW: Yes.
COMMISSIONER McDANIEL: I remember that from back in
the real estate days. There were -- you know, after a customary access
point is being utilized, and a private property owner tries to cut it off,
they no longer have the right to cut it off after it's been -- my
recollection was seven years, but it might be longer than that now, so...
COMMISSIONER SOLIS: Essentially an easement by adverse
possession; is that what we're talking about?
MR. KLATZKOW: This is a constitutional right.
COMMISSIONER SOLIS: Okay.
COMMISSIONER McDANIEL: Right.
COMMISSIONER SOLIS: I learn something every day.
COMMISSIONER McDANIEL: I had three simple things --
CHAIRMAN TAYLOR: You have two now.
COMMISSIONER McDANIEL: -- and now -- and two down,
one to go, and it has to do with the NIM process. And I would like for
us to -- someone somewhere somewhere along the line decided that we
needed to put a limitation on the timing for the neighborhood
information meetings, and I -- I don't think we need to pursue that.
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COMMISSIONER SOLIS: I agree.
CHAIRMAN TAYLOR: What do you mean?
COMMISSIONER SAUNDERS: I would agree with that as
well, other than on the golf courses.
COMMISSIONER McDANIEL: Well, we already agreed on the
golf courses. That was a specific issue.
COMMISSIONER SAUNDERS: That's where I thought we
were --
COMMISSIONER McDANIEL: When I brought it up at our last
meeting, Mr. Casalanguida suggested that our staff was already
working on a limitation of the neighborhood information meetings --
CHAIRMAN TAYLOR: Oh, on all issues.
COMMISSIONER McDANIEL: -- and that wasn't what I was
talking about. I was talking about the actual public hearings that are
coming before us. And I would like to give direction to staff to cease
and desist and leave the NIM process alone from a timing standpoint.
COMMISSIONER SAUNDERS: I would agree with that.
COMMISSIONER SOLIS: Might as well.
CHAIRMAN TAYLOR: I don't remember. When I first was
elected, I remember -- this might kind of open the Pandora's box.
Mark Strain came to me as the new commissioner, and maybe because
I was a new commissioner, and they had a NIM -- help me with this,
Mike. They had a NIM process for the man cave. And --
COMMISSIONER McDANIEL: For the what?
COMMISSIONER SOLIS: Man cave, yeah.
CHAIRMAN TAYLOR: The man cave. And they -- not too
many people showed up for it. And so I was asked whether I would
like another one, and I said yes. Is that an option for all the
commissioners in the districts; if there is a NIM that is not well
attended, they can request another one?
MR. BOSI: It was -- in that particular case there was some sort of
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anomaly with the notification process and, therefore, the question was
-- I think was raised, would you like to have another NIM to satisfy
that procedural question.
CHAIRMAN TAYLOR: Okay.
MR. KLATZKOW: Commissioners, the Board always has the
ability to take an applicant and say, listen, you know this was a
seasonal community, you did your NIM when everybody was gone,
okay, we want you to -- we're going to continue this item. Hold your
NIM when everybody's there, and we'll hear it then. You always have
that option.
CHAIRMAN TAYLOR: Perfect.
COMMISSIONER McDANIEL: I have one little point with
regard to that. And since Mr. Bosi brought it up, it has to do with
maybe we have a look with regard to the LDC's requisites for the
notice parameter. I think right now there's a parameter of 300 feet or
500 feet, depending on where you are. And in certain areas such as
Golden Gate Estates you get to notice three people.
CHAIRMAN TAYLOR: One person.
COMMISSIONER McDANIEL: And maybe we ought to have --
if we're going to spend our time, let's have a look at how we can better
provide a process of notification for people that are impacted by use
changes that are forthcoming.
MR. BOSI: We have had that discussion before with the Board.
In the rural areas, it's 1,000 feet. East of 951 we require that
notification process to be increased from 500 feet to 1,000 feet. We
could look at the capture rate currently that that thousand feet would
provide and give you some numbers as to what the capture rate number
of properties that would be, if it was 2,000, if it was 3,000, if it was
4,000, something to that iteration to give the Board some additional
considerations as to what type of magnitude of increase that --
COMMISSIONER McDANIEL: Well, we want to be careful
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about the -- you know, I don't want too much overreach, because then
you start to put an excess burden on the development community that
are coming forward with these use-change requests, but on the same
token, we also want to provide for -- you know, if you have a
neighborhood information meeting and you're only required to notice
three people, let's -- you might get -- you know, you get your 30
percent show up, or 10 percent show up, and there you are.
So I don't want it -- I don't want it to go off -- I would like to have
a discussion, and we may be able to even do it together just to have a
talk about a rational process to get to a point where we're providing for
better public notice without an overreach process.
MR. BOSI: And just to add to that point. I think that we focus
only upon the mailing, and the mailing is only one-third of the
notification. You've got signs posted on site as well as requirements for
advertising in the Naples Daily News general newspaper circulation.
So that's just one-third of the component of the notification.
So a full description of everything that's required of the
notification process is probably more appropriate to -- instead of trying
to make a decision just on one component of it.
COMMISSIONER SOLIS: I mean, my feeling is, I think the
process is currently pretty good. I mean, there's signage requirements,
there's the mailing, there's a lot of different aspects to it.
And one, right, we don't want to overburden the property owner,
but -- and, you know, neighbors need to pay attention as well. So I
think -- you know, and one of the things about -- that occurred to me in
talking about requiring the NIMs to be -- and, just in general, during
the season, is, one, you're adding 50 percent of -- to an already very
long period of time that someone needs to, you know, go through a
process to rezone their property. There's that.
I mean, there's also -- I think there's -- you know, if you're a
resident of Collier County, you know, there's some -- you have some
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obligation to pay attention to what's going on as well, and I don't think
we can limit those NIMs. And, certainly, if there's an abuse of it --
and, clearly, you know, there's some strategy sometimes about when
you have a NIM, then that comes before us, and I think it's up to -- it's
incumbent upon us to say maybe this wasn't done as well --
COMMISSIONER McDANIEL: We can ask for another one as
--
COMMISSIONER SOLIS: Ask for another one, send it back to
the Planning Commission, whatever -- you know, we have some
options there. So I don't know that there's really anything that we need
to do, in my opinion, in this regard.
COMMISSIONER McDANIEL: Well, in District 5, you know,
Golden Gate Estates, as we discussed because of the -- even a thousand
feet is five neighbors that might be impacted. And, yes, it's -- the onus
could be, should be -- but I know very few people read the public
notices, and you drive by those signs all the time and go, what the heck
is that, so -- and few people actually stop and read the small print to
find out what it was and so on. So it's just -- it's something -- if we
were going to spend our time, maybe just have a more global
perspective on it.
And that was my three. I'm done.
MR. OCHS: So we're not bringing back a change in the schedule
for the NIMs. Do you want us to bring a discussion with regard to
notification processes forward?
COMMISSIONER McDANIEL: Actually, why don't we -- I
don't want to overburden the Board, but maybe --
MR. OCHS: Just work with you directly, sir?
COMMISSIONER McDANIEL: -- if I can work with staff and
have -- and find out if there's something we might be able to do, just
geographically, for the eastern portion, because I think in the urbanized
area west of 951, we pretty well -- what's in place works.
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MR. OCHS: Very good.
CHAIRMAN TAYLOR: All right. Commissioner Solis?
COMMISSIONER SOLIS: I think I've said enough. I was told
once that a man of wise words is a man of few words, so I have
nothing else to add to today's discussion.
COMMISSIONER McDANIEL: Geez. I wish I'd learned that a
long time ago.
COMMISSIONER SAUNDERS: I've got just one, just an
update. I attended the Gulf Consortium Board of directors' meeting in
Tallahassee on April 6th. There are some exciting things happening in
terms of projects, and Collier County will be in line for funding. And I
was there with county staff, and Gary McAlpin is the county staff
person there. So I just wanted to let you know that that's moving
along.
CHAIRMAN TAYLOR: Good.
COMMISSIONER SOLIS: Excellent.
CHAIRMAN TAYLOR: Just one thing, I mentioned it earlier
today about the SAIL program, and the governor's office has contacted
me starting last year about money, significant amount of money, that
has been put aside. I think former Senator Saunders knows about the
SAIL program.
Last year it was 20 million. This year it's 40-. And the sense is
that they would love to be able to have a SAIL project in Collier
County. I know they've been down here looking around, and I'm trying
to get at least one or two people at our next meeting to talk about it.
COMMISSIONER McDANIEL: Madam Chair, would you share
what SAIL stands for?
CHAIRMAN TAYLOR: Oh, my gosh. That I can't.
COMMISSIONER McDANIEL: Does anybody know?
COMMISSIONER SAUNDERS: I don't recall other.
CHAIRMAN TAYLOR: SAIL money. I just know it as SAIL
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money.
COMMISSIONER McDANIEL: It's a fund coming out of the
state.
CHAIRMAN TAYLOR: Yes, yeah, and federal, for workforce
housing --
COMMISSIONER McDANIEL: There we go.
CHAIRMAN TAYLOR: -- up to 120 percent.
MR. OCHS: Rental housing.
CHAIRMAN TAYLOR: Rental. And so thinking, as I would, I
saw that -- the county has land throughout the county; they own it. So
I'm wondering if that might be something -- and I'm not asking for a
decision right now, and we certainly don't have Commissioner Fiala
here -- that we might look at county land in this effort; that they --
there would be a cost to the land. Maybe it would be a reduced cost, or
there might be a long-term lease.
SAIL projects 50 years minimum. There is -- there are very steep
requirements. The management has to be on par with what is needed.
No one, you think, comes in, develops, and he walks away.
So if that's of interest, I'd like to see if our staff could bring some
concepts back and ideas back.
COMMISSIONER McDANIEL: And only -- the County
Manager just had his hand up.
CHAIRMAN TAYLOR: He did.
COMMISSIONER McDANIEL: He wasn't waving at me.
MR. OCHS: I'm just waving.
COMMISSIONER McDANIEL: You're just waving. How you
doing?
The -- and just as -- if I might add on maybe, you know, we can
have a discussion with our Collier County Housing Authority. That's
an organization that's here that is already effectively running both a
government subsidized and independently owned rental complex.
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That's an organization we could have discussions with as far -- because
I wouldn't necessarily think about the county getting involved in the
rental business per se, but there's an organization that's already out
there that's in business that's got staff that we could maybe co-venture
with.
CHAIRMAN TAYLOR: Yeah, and the people that --
COMMISSIONER McDANIEL: Cooperate.
CHAIRMAN TAYLOR: The developers who have talked to me
over the last year or so are folks who not only build it, but they run it.
COMMISSIONER McDANIEL: Right.
CHAIRMAN TAYLOR: They manage it. So if it's of interest,
then we could -- good, thank you.
MR. OCHS: Commissioners, the only caveat or caution there is,
as I understand the program requirements from the state, the land that
is selected has to be zoned properly for that.
CHAIRMAN TAYLOR: That's correct.
MR. OCHS: So I would venture to guess if you pick a piece of
vacant land that you-all own, it's zoned "P" for public or "A" for ag.
You might have to go through some kind of a rezone. And the reason I
raise that is because the application deadline is September 1st to the
state.
CHAIRMAN TAYLOR: That's right. So we'll chop, chop.
MR. OCHS: And you-all are gone by the 14th of July, so...
CHAIRMAN TAYLOR: I bet creatively we could make this
happen.
MR. OCHS: We'll have a new NIM process for this, I presume.
COMMISSIONER SOLIS: And, violating my own thing, I was
just going to add that I think that is precisely one of the reasons, from
what I heard from ULI and others, why we don't have any of these
developers that are interested in this process. It's a very, very
competitive process, and when you throw in a rezone --
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COMMISSIONER McDANIEL: They're out.
COMMISSIONER SOLIS: -- they're out. It's just not going to
work.
MR. OCHS: Yeah. There's a lot of requirements for particular
types of land that qualifies, and so far, as Commissioner said, we've
had some experienced developers that have used this program before
that have not been able to identify a qualifying site so far.
CHAIRMAN TAYLOR: But most of the time -- they haven't
talked about the rezone, I guess, because the price has been so high of
this land that they're looking at. Not our land, because I don't think
we've identified it.
So perhaps in -- with the background of the September deadline,
maybe we could go through an exercise of identifying property at our
next meeting and then talking about the rezone process.
MR. OCHS: Bring your dinner. We'll be here.
COMMISSIONER McDANIEL: We're on.
CHAIRMAN TAYLOR: Is that all right?
COMMISSIONER McDANIEL: I like it.
CHAIRMAN TAYLOR: Oh, good.
MR. OCHS: Is that direction?
CHAIRMAN TAYLOR: He wants direction.
MR. OCHS: Next meeting.
CHAIRMAN TAYLOR: Next meeting. We've got September.
September's our deadline. There's $40 million there.
COMMISSIONER SAUNDERS: Let me ask a question. If we
had an identified piece of land owned by the county, how long would it
take to go through a rezone process to get it to where it could be used
for workforce housing?
COMMISSIONER McDANIEL: We can't rezone our own land.
CHAIRMAN TAYLOR: Yeah, we can.
MR. BOSI: A rezoning of property, anywhere between four to
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five months on the very short end with very little application issues, to
six to nine months.
COMMISSIONER SAUNDERS: And how much time -- so
we're talking about September 1 deadline. So what you're asking staff
to do is impossible.
MR. KLATZKOW: Well, what are you going to do if you rezone
the land to this and then nobody wants it for the program? And then
the County Manager wants to put a firehouse on it?
COMMISSIONER SOLIS: We rezone it again.
MR. OCHS: And, again, not to further complicate this, but most
of the land that you own that's vacant is spoken for in your AUIR as
park inventory or EMS inventory. So if you pluck that out and cause a
deficiency in your level of service in your AUIR, you're going to have
to address that in the fall. And I'm not trying to stop this, ma'am. I'm
just making sure that -- there's unintended consequences sometimes to
these decisions.
CHAIRMAN TAYLOR: But then we have our sports -- our
sports center where we're adding fields that have not been figured into
the AUIR.
COMMISSIONER SAUNDERS: I think what you're suggesting
is that it's a good idea for us to take a look at this program and take a
look at county property, potentially, but what you're asking staff to do
is to come back and identify some properties for an application
deadline that's due on September 1, and that's an impossible task.
They can't -- they can't do it. I think they're stretched pretty thin in
terms of a lot of stuff we're asking them to do. So my concern is --
CHAIRMAN TAYLOR: Four months is August.
COMMISSIONER SAUNDERS: Well, I think he just said four
to six months on the light side, fastest.
MR. BOSI: Four to six -- four months would be the absolute
minimum. If you had an application today ready to submit, with the
April 11, 2017
Page 176
neighborhood information meeting requirements, the spacing for
advertisement between your Planning Commission meeting and the
Board of County Commissioners' meeting, four months would be an
exceptional turnaround. I would say that --
COMMISSIONER SAUNDERS: That fourth month we're not
here.
MR. BOSI: I would say that the Board of County Commissioners
has directed the housing center to be brought back into the fall as part
of the suggestions that you were asking for more information for. You
were -- one of the suggestions was strategic sites for affordable
housing. We could look into the SAIL program, try to provide more
information and couch that within the overall presentation that we're
going to have in the fall related to the affordable housing
decision-making points that the Board has requested.
COMMISSIONER McDANIEL: I didn't mean to interrupt. I just
had a thought.
COMMISSIONER SOLIS: That makes sense to me.
COMMISSIONER McDANIEL: In order to qualify for the SAIL
program, the site, necessarily, would have to be zoned now, basically,
is what I'm hearing out of staff. I mean, we can't ramp up -- I mean, it
wouldn't be a bad idea for us to go through an inventory of the
county-owned lands, to have a discussion of what we can do from the
rezoning process and so on and so forth.
But are there other alternatives with regard to those SAIL funds
as far as workforce housing projects go for privately owned properties
that --
CHAIRMAN TAYLOR: But the issue is the land. The land is
expensive. They can't make the numbers work because the -- that's
why they're not here, because the land is so expensive in Collier
County.
COMMISSIONER SOLIS: I think it's also the competitive
April 11, 2017
Page 177
nature of the process. If anything requires -- the SAIL applications --
and correct me if I'm wrong. The SAIL application for the developer
says, we have this land; it's zoned; this is what it's going to cost; this is
what I'm going to do. It's going to be 50 -- it's a very strict template
that you have to fit into. And if you're missing one of those things,
you're just not competitive, and you don't even -- you're really not even
considered.
So it's -- we have, in a way, a chicken and an egg problem. It's
also the value -- the cost of the land, but it's also not having an
inventory of these properties that have developer -- privately held
properties that a developer can come in and say, okay, this would be
perfect for a SAIL program. I'm going to put the application together
and put it in and have a chance of even qualifying.
It's the rezoning, the time frame, and the uncertainty of that, as I
understand it, that's one of the major factors that they just don't --
because it doesn't -- they can't compete that way in the program.
COMMISSIONER SAUNDERS: We have a workforce housing
problem that needs to be resolved. It's going to take us some time.
And to try to squeeze this in between now and September 1 just isn't
going to work. I think what staff has suggested in terms of coming
back and giving us some ideas in a time frame that they can work into
their schedule makes sense. But I would be opposed to directing staff
to try to come up with a rezone -- piece of property rezone between
now and September 1 for affordable housing. It's not going to work.
COMMISSIONER SOLIS: Yeah. And I don't think the SAIL
program's going to go anywhere, I mean, if they're doubling the
amount of money that's in there this year.
COMMISSIONER McDANIEL: We have the opportunity,
assuming it gets funded next year --
COMMISSIONER SOLIS: Next year. I mean, I think if our
efforts --
April 11, 2017
Page 178
COMMISSIONER McDANIEL: But if our efforts were in
concert to carry this forward and to have a look at our inventory and
have a look at what potentially could be rezoned, and if those funds
were available, we wouldn't be having this discussion this time next
year. We'd have a piece that's already zoned.
COMMISSIONER SOLIS: I think we could be very proactive
for next year. I don't know that it's --
COMMISSIONER McDANIEL: And just to further the point, I
mean, you know, there are organizations, and one that rings is -- I
know -- I know that Habitat for Humanity has some fairly intensely
zoned land that's contiguous on our Farm Worker's Village out on 29
there in Immokalee.
CHAIRMAN TAYLOR: They -- it's targeted -- the SAIL money
is targeted for urban Collier County.
COMMISSIONER McDANIEL: Oh, it is. Okay. Forgive me.
CHAIRMAN TAYLOR: And I would remind you that our
governor will not be governor after 2018, and I'm not going to say any
more.
COMMISSIONER McDANIEL: We're picking up on your --
CHAIRMAN TAYLOR: So it is incumbent upon this
commission to act.
COMMISSIONER SOLIS: I think we are.
COMMISSIONER McDANIEL: We are, as quickly as we can. I
don't think -- I think Commissioner Saunders summed it up as, really,
we don't have anything that we can wave a magic wand at and turn it
into a densely zoned piece of property that could be facilitated for this
year's application deadline.
CHAIRMAN TAYLOR: I'm going to find out how stringent
those -- I will make a call to find out how stringent the zoning question
is. I mean, I know it's -- they don't want to take a risk, and I know
they're up in competition, but I know that the -- it's been targeted for
April 11, 2017
Page 179
urban, and Collier County is -- I was told this this week -- last week in
Tallahassee, stopped in the hallway. Collier County is one of the areas
they want to do this in. This -- the time is ripe, gentlemen. I don't want
to miss the opportunity. So let me find out.
COMMISSIONER SAUNDERS: I understand what you're
saying. We've already missed the opportunity; that's the point. And
you're making it sound like we're refusing to take advantage of an
opportunity that's right here on the table. If you can find out that the
zoning is not important in terms of the application, then so be it.
COMMISSIONER McDANIEL: That's another can of worms.
COMMISSIONER SAUNDERS: If you can make that -- I mean,
we have another meeting in two weeks. Come back to us.
CHAIRMAN TAYLOR: I will.
COMMISSIONER SAUNDERS: But, again, to tell staff to do
something that, on its surface is impossible, I think, is just wrong;
that's where I come from.
MR. OCHS: Commissioner, again, in fairness to the chair, I will
also work with you to make sure that --
CHAIRMAN TAYLOR: I know you will.
MR. OCHS: My understanding of zoning being in place in the
land was one of the requirements of the program. I think it is, but let's
double-check.
CHAIRMAN TAYLOR: I would say it is, probably.
MR. KLATZKOW: And just as an aside, we have the statutory
duty every three years to take our available land and figure out which
parcels are for affordable housing purposes. That's something we've
been doing.
CHAIRMAN TAYLOR: Really?
MR. KLATZKOW: Yes.
CHAIRMAN TAYLOR: When was the last time we did that?
MR. KLATZKOW: It's a couple years ago. It must be coming
April 11, 2017
Page 180
up.
CHAIRMAN TAYLOR: Not under my watch, and I've been
here three years.
MR. KLATZKOW: It's every three years you've got to do it.
CHAIRMAN TAYLOR: Oh, so we need to have a discussion.
MR. OCHS: Well, that -- as Mike said, that's going to be
incorporated into your Community Housing Plan Stakeholder
Committee Report in the fall, okay.
CHAIRMAN TAYLOR: Okay, good. That would be three
years.
All right, that's it. So nothing else. We thank you. Terri, you
were hard at work. And this meeting is adjourned.
**** Commissioner Fiala moved, seconded by Commissioner
McDaniel and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $78,620 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.902-
27 PL20160000294 FOR WORK ASSOCIATED WITH COQUINA
AT MAPLE RIDGE PHASES 2 AND 3 – SITE LOCATED ALONG
CAMP KEAIS ROAD NEAR OIL WELL ROAD
Item #16A2
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $49,040 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.133
April 11, 2017
Page 181
PL20150002693 – LOCATED ALONG AIRPORT ROAD JUST
SOUTH OF VANDERBILT BEACH ROAD
Item #16A3
AN EASEMENT USE AGREEMENT (AGREEMENT) FOR LOT 7
NATURE POINTE, ACCORDING TO THE PLAT THEREOF AS
RECORDED AT PLAT BOOK 20, PAGES 20 THROUGH 22 OF
THE PUBLIC RECORDS OF COLLIER COUNTY – LOCATED
AT THE END OF OUTRIGGER LANE WITHIN THE COCONUT
RIVER ESTATES AREA
Item #16A4
RECORDING THE FINAL PLAT OF OYSTER HARBOR AT
FIDDLER’S CREEK PHASE 3, (APPLICATION NUMBER
PL20160003066) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY – THE DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITITES PRIOR
TO THE CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A5 – Commissioner Solis Abstained (During Agenda
Changes)
UTILITY FACILITIES QUIT-CLAIM DEED AND BILL OF SALE
BETWEEN COLLIER COUNTY, AS EX-OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT, AND LENNAR HOMES, LLC, IN ORDER TO
RECONVEY TO LENNAR HOMES, LLC, ALL SEWER UTILITY
April 11, 2017
Page 182
FACILITIES ASSOCIATED WITHIN THE DEVELOPMENT
PROJECT AT GIAVENO, PL20140001923, WHICH WERE
PREVIOUSLY ERRONEOUSLY CONVEYED TO THE COUNTY
Item #16A6
AWARD INVITATION TO BID NO. 16-7038R “AQUATIC
VEGETATION CONTROL SERVICES” TO METTAUER
ENVIRONMENTAL, INC. AS THE PRIMARY VENDOR, AND
A+ ENVIRONMENTAL, LLC AS THE SECONDARY VENDOR –
CONTROLLING EMERGENT, SUBMERGED AND FLOATING
AQUATIC VEGETATION IN ROAD OR DRAINAGE RIGHT-OF-
WAYS OR EASEMENTS
Item #16A7
AMENDMENT #1 TO AGREEMENT NO. 16-6610 “ANNUAL
CONTRACT FOR LANDSCAPE MAINTENANCE”
INCORPORATING LANGUAGE THAT INDIVIDUAL QUOTES
EXCEEDING $250,000 SHALL BE APPROVED BY THE BOARD
OF COUNTY COMMISSIONERS, AND RETROACTIVELY
APPROVE ISSUED PURCHASE ORDERS, QUOTES, AND
INVOICES EXCEEDING $50,000 – GROUND ZERO
LANDSCAPING FOR P.O. #4500174682 ($129,324) AND
HANNULA LANDSCAPING & IRRIGATION SERVICES FOR
P.O. #4500175095 ($225,520) AND #4500175096 ($221,298)
Item #16A8 – Moved to Item #11B (Per Agenda Change Sheet)
Item #16B1
April 11, 2017
Page 183
(CRA) RESOLUTION 2017-67A & CRA RESOLUTION 2017-67B:
AN AFTER-THE-FACT U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) COMMUNITY
DEVELOPMENT BLOCK GRANT APPLICATION SUBMITTAL
TO FUND THE PHASE 2 FIRE SUPPRESSION SYSTEM
UPGRADE AND THE SUGDEN REGIONAL PARK PATHWAY
PROJECT WITHIN THE BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AREA (BGTCRA)
TOTALING $650,000 – UPGRADING THE WATER LINES AND
ADDING 5 ADDITIONAL HYDRANTS ON COCO AVENUE,
ARECA AVENUE, CANAL STREET, BASIN STREET AND
CAPTAIN’S COVE
Item #16C1
AWARD INVITATION TO BID #17-7042, “PUMP STATION
MATERIAL REMOVAL AND DISPOSAL,” TO ENVIROWASTE
SERVICES GROUP, INC – REPLACING THE CURRENT
AGREEMENT FOR GREASE HAULING, BID #16-6543
Item #16C2
CORRECTING A SCRIVENER’S ERROR BY REMOVING THE
INCLUSION OF THE ALLOWANCE AMOUNT WITHIN THE
“SITE 1(A) BASE BID” REFERENCED IN THE EXECUTIVE
SUMMARY ON THE AWARDED BID NUMBER 16-6688,
“NORTHEAST RECYCLING DROP-OFF CENTER,” PROJECT
NUMBER 59009, TO WRIGHT CONSTRUCTION GROUP, WITH
NO CHANGE TO THE TOTAL AWARD AMOUNT
Item #16C3
April 11, 2017
Page 184
AWARD BID NUMBER 17-7089, “BARRON COLLIER HIGH
SCHOOL WATER SYSTEM IMPROVEMENTS - PHASE 2," TO
KYLE CONSTRUCTION, INC., IN THE AMOUNT OF $828,009,
PROJECT NUMBER 70125; AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT – PHASE 2 CONSISTS
OF REMOVING AND REPLACING APPROXIATELY 1,100
LINEAR FEET OF PVC AND 2,500 LINEAR FEET OF
ABSESTOS CEMENT POTABLE WATER MAIN THAT WAS
INSTALLED IN 1977
Item #16C4
AWARD BID NUMBER 17-7091 “COUNTYWIDE
CHEMICALS,” FOR THE PURCHASE OF VARIOUS
CHEMICALS REQUIRED FOR POTABLE WATER,
WASTEWATER, AND IRRIGATION QUALITY WATER
TREATMENT BY THE WATER AND WASTEWATER
DIVISIONS AND AUTHORIZE THE CHAIR TO EXECUTE THE
ATTACHED AGREEMENT
Item #16D1
SECOND AMENDMENT TO STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM
SUBRECIPIENT AGREEMENT WITH COMMUNITY ASSISTED
AND SUPPORTED LIVING, INC – INCREASING TOTAL
AWARD BY $121,000 BY PROVIDING ADDITIONAL
FUNDING, UPDATING ASSOCIATED EXPENDITURE TIME OF
PERFORMANCE DATES AND REVISING LANGUAGE FOR
REQUESTING TIME EXTENSION
April 11, 2017
Page 185
Item #16D2
AWARD INVITATION TO BID NO. 17-7088 TO BONNESS,
INC., FOR THE PAVEMENT AND DRAINAGE REPAIRS AT
COCOHATCHEE PARK, IN THE AMOUNT OF $324,633.29 AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE CONTRACT
AND THE NECESSARY BUDGET AMENDMENT
Item #16D3
INCREASING THE LAND ACQUISITION ADVISORY
COMMITTEE (LAAC) MEMBERSHIP FROM SEVEN (7)
MEMBERS BACK TO NINE (9) MEMBERS FOLLOWING THE
BOARD OF COUNTY COMMISSIONERS ACTIVATION OF A
LAND ACQUISITION PHASE FOR THE CONSERVATION
COLLIER PROGRAM
Item #16D4
A DONATION OF $45,038.20 TO THE CONSERVATION
COLLIER PROGRAM AS OFFSITE PRESERVATION FOR EAST
NAPLES SELF STORAGE (CU-PL20160001380) TO SATISFY
THE NATIVE VEGETATION RETENTION REQUIREMENT
Item #16D5
AMENDING THE BOARD'S STATE/FEDERAL
SUBORDINATION LOAN POLICY TO EXPAND THE
PARAMETERS FOR SUBORDINATION REQUESTS TO AID IN
CONTINUED HOME AFFORDABILITY – EXPANSION OF THE
April 11, 2017
Page 186
POLICY WILL ALLOW MORE HOMEOWNERS THE
OPPORTUNITY TO REFINANCE THEIR EXISTING
MORTGAGES
Item #16D6
FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT
WITH CATHOLIC CHARITIES DIOCESE OF VENICE, INC.
DBA CATHOLIC CHARITIES OF COLLIER COUNTY AND THE
SECOND AMENDMENT TO THE SUBRECIPIENT
AGREEMENT WITH NAPLES EQUESTRIAN CHALLENGE,
INC. TO EXPAND U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) FUNDING YEARS AND
CLARIFY OUTCOME GOALS. THIS ITEM HAS NO NEW
FISCAL IMPACT – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16D7
AN AGREEMENT TO PURCHASE VENDED MEALS FROM
ANOTHER STATE-APPROVED PROGRAM SPONSOR WITH
THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY
(SCHOOL BOARD) TO SPONSOR AND OPERATE THE 2017
SUMMER FOOD SERVICE PROGRAM AT DESIGNATED
RECREATION CAMPS WITH UNITIZED MEALS PROVIDED
BY THE SCHOOL BOARD, AND AUTHORIZE ALL
NECESSARY BUDGET AMENDMENTS. (TOTAL
ANTICIPATED FISCAL IMPACT $134,878.02 WITH A
FEDERAL SHARE OF $104,878.02 AND A LOCAL MATCH OF
$29,150)
April 11, 2017
Page 187
Item #16D8
AWARD RFP #17-7062 PARKS AND RECREATION DIVISION
MASTER PLAN TO TINDALE OLIVER DESIGN GROUP, LLC,
IN THE AMOUNT OF $74,830 AND AUTHORIZE THE CHAIR
TO EXECUTE THE ATTACHED CONTRACT – FOR THE
COMPLETION OF THE EAGLE LAKES COMMUNITY CENTER
AND AQUATIC CENTER AND CONSTRUCTION OF THE BIG
CORKSCREW ISLAND REGIONAL PARK
Item #16E1
RESOLUTION 2017-68: AUTHORIZING THE CANCELLATION
OF 2017 TAXES UPON A FEE-SIMPLE INTEREST IN LAND
COLLIER COUNTY ACQUIRED BY WARRANTY DEED FOR
CONSERVATION COLLIER AND WITHOUT MONETARY
COMPENSATION (ON BEHALF OF PUBLIC SERVICES
DEPARTMENT) – FOLIO #39493560005
Item #16E2
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER ITEMS AS IDENTIFIED – TOTALING $19,292.66
Item #16E3
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF ITEMS AVAILABLE FOR
April 11, 2017
Page 188
SURPLUS – FOR THE PERIOD OF MARCH 7 THROUGH
MARCH 23, 2017
Item #16E4
SECOND AGREEMENT WITH FLORIDA GULF COAST
UNIVERSITY (AS PROVIDED THROUGH ITS AFFILIATE, THE
FLORIDA INSTITUTE OF GOVERNMENT) TO PROVIDE ON-
SITE, INSTRUCTOR-LED TRAINING PROGRAMS TO COUNTY
EMPLOYEES – FROM APRIL 2017 THROUGH SEPTEMBER
2017
Item 16F1
APPROVAL OF AGREEMENTS BETWEEN COLLIER COUNTY
AND FLORIDA SPECIALTIES LLC, PROVIDING FOR THE
TERMINATION OF THE ADVANCE BROADBAND
INFRASTRUCTURE INVESTMENT PROGRAM AND JOB
CREATION INVESTMENT PROGRAM AGREEMENTS, WHICH
ARE BEING REQUESTED TO FACILITATE THE CLOSING OF
THE SALE OF THE BUSINESS
Item #16F2
AFTER-THE-FACT-APPROVAL FOR THE SUBMITTAL OF
THE U.S. DEPARTMENT OF AGRICULTURE LOCAL FOOD
PROMOTION PROGRAM PLANNING GRANT APPLICATION
IN THE AMOUNT OF A $100,000 FOR THE IMMOKALEE
CULINARY ARTS & PRODUCTION CAMPUS. (TOTAL
ANTICIPATED FISCAL IMPACT $125,087.52 WITH A
April 11, 2017
Page 189
FEDERAL SHARE OF $100,000 AND LOCAL MATCH
25,087.52) – SUBMITTAL DATE WAS MARCH 27, 2017
Item #16F3
RESOLUTION 2017-69: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2016-17 ADOPTED
BUDGET
Item #16F4
REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY –
BUDGET AMENDMENT #17-330 FOR VETERINARIAN FEES
NEUTERING – SPAYING
Item #16H1
PROCLAMATION DESIGNATING APRIL 2017 AS NATIONAL
FAIR HOUSING MONTH IN COLLIER COUNTY AND
DECLARING THAT EVERY AMERICAN HAS A RIGHT TO
LIVE WHERE THEY CHOOSE WITH DIGNITY AND WITHOUT
FEAR OF DISCRIMINATION. THIS PROCLAMATION WILL BE
SENT BY MAIL TO STEVE KIRK, PRESIDENT OF RURAL
NEIGHBORHOODS AND DOROTHY COOK, MANAGER,
NEIGHBORHOOD REVITALIZATION
Item #16H2
April 11, 2017
Page 190
PROCLAMATION DESIGNATING APRIL 2017 AS AVIATION
APPRECIATION MONTH IN COLLIER COUNTY, IN
RECOGNITION OF THE MAJOR ROLE PLAYED BY COLLIER
COUNTY'S GENERAL AVIATION AIRPORTS IN TOURISM,
BUSINESS TRAVEL AND AGRICULTURE. THIS
PROCLAMATION WILL BE DELIVERED TO COLLIER
COUNTY AIRPORT MANAGER JUSTIN LOBB AND STAFF
Item #16H3
PROCLAMATION DESIGNATING APRIL 21, 2017 AS TRY
TRANSIT DAY IN COLLIER COUNTY, IN AN EFFORT TO
PROMOTE PUBLIC TRANSPORTATION AS AN
ALTERNATIVE MEANS OF TRANSPORTATION. THIS
PROCLAMATION WILL BE DELIVERED TO PUBLIC TRANSIT
AND NEIGHBORHOOD ENGAGEMENT DIVISION DIRECTOR
MICHELLE ARNOLD AND STAFF
Item #16H4
PROCLAMATION DESIGNATING APRIL 9-15 AS NATIONAL
LIBRARY WEEK IN COLLIER COUNTY. THIS
PROCLAMATION WILL BE DELIVERED TO COLLIER
COUNTY LIBRARY DIRECTOR TANYA WILLIAMS AND
STAFF
Item #16J1
THE USE OF $5,000 FROM THE CONFISCATED TRUST FUNDS
TO SUPPORT THE BOY SCOUT OF AMERICA, SOUTHWEST
FLORIDA COUNCIL, INC
April 11, 2017
Page 191
Item #16J2
CLERK OF THE CIRCUIT COURT’S INTERNAL AUDIT
REPORT 2017-4, 2016 FLEET MANAGEMENT DIVISION: 2016
FISCAL YEAR-END INVENTORY OBSERVATION –
AVAILABLE ELECTRONICALLY ON THE CLERK OF COURTS
WEBSITE
Item #16J3
CLERK OF THE CIRCUIT COURT’S INTERNAL AUDIT
REPORT 2017-5 UNANNOUNCED CASH COUNTS, ISSUED ON
MARCH 31, 2017 – AVAILABLE ELECTRONICALLY ON THE
CLERK OF COURTS WEBSITE
Item #16J4
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
APRIL 5, 2017
Item #16J5
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 16 AND MARCH 29,
April 11, 2017
Page 192
2017 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J6
THE CLERK OF THE CIRCUIT COURT AND COMPTROLLER,
PURSUANT TO THE APPROVAL OF THE BCC AT THE
JANUARY 10, 2017 BOARD MEETING NEGOTIATED WITH
B.Q. CONCRETE, L.L.C. IN CARE OF JOSEPH D. ZAKS, ESQ.
AND ROETZEL AND ANDRESS TRUST ACCOUNT,
REGARDING OUTSTANDING PAYMENT REQUESTS. THE
CLERK HAS NOW COMPLETED HIS AUDIT AND REACHED A
SETTLEMENT OF CLAIMS WITH B.Q. CONCRETE, L.L.C. IN
THE AMOUNT OF $140,694
Item #16K1
THE HIRING OF TARA MILLER DANE, ESQ., FOR
MEDIATION SERVICES RELATING TO THE LASIP PROJECT
NO. 51101, WING SOUTH PORTION, AND THE EMINENT
DOMAIN CASE STYLED COLLIER COUNTY V. LORI R. LEAR,
ET AL., CASE NO. 15-CA-1599, NOW PENDING IN THE
TWENTIETH JUDICIAL CIRCUIT COURT FOR COLLIER
COUNTY, FLORIDA, AND AUTHORIZE THE COUNTY
ATTORNEY TO RETAIN MS. MILLER DANE FOR FUTURE
MEDIATIONS IN EMINENT DOMAIN LITIGATION. (FISCAL
IMPACT: $5,000)
Item #16K2
RESOLUTION 2017-70: APPOINTING ELAINE L. REED TO THE
HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD TO
April 11, 2017
Page 193
A TERM EXPIRING ON OCTOBER 1, 2018
Item #16K3
A SETTLEMENT IN THE AMOUNT OF $28,257 FOR THE
TAKING OF PARCEL 241DAME REQUIRED FOR THE LELY
AREA STORMWATER IMPROVEMENT PROJECT, PROJECT
NO. 51101, (CREWS ROAD, COPE LANE AND SANDY
LANE/WING SOUTH INTERCONNECT), IN THE PENDING
CASE STYLED COLLIER COUNTY V. DAN A. EBY, ET AL.,
CASE NO. 14-CA-2374. (FISCAL IMPACT: $18,527)
*****
April 11, 2017
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:15 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPEC A DISTRICTS UNDER ITS CONTROL
PENNY LOI A IRMAN
ATTEST
DWIGHT E 'BOcK, CLE
G1J
Attest
signature anly,
These minutes appro ed by the Board on �/ 9 ) J�- , as
presented or as corrected
Page 194
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Saunders, Burt Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 Tamiami Trail East, Suite 300 WHICHISERVEISAUNITOF:
CITY COUNTY ❑CITY [1S COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
April 11, 2017 d ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
. A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * W * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Burt Saunders April 11 17
I, , hereby disclose that on , 20
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of , by
whom I am retained; or
inured to the special gain or loss of , which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On April 11, 2017(Item 11A), the Collier County Board of County Commissioners will consider a /
recommendation to approve a resolution adopting the Property Assessment Clean Energy(PACE) pro
within the unincorporated areas of Collier County. PACE program r , and
therefore in an abundance of caution, I will abstain from voting pursuant to Section 286.012, Fla. Stat. to avoid
any perceived prejudice or bias. .7 CCiPe!4 v`/115.
04K Aikk://rdfrP,,v
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
April 11, 2017
Date Filed ignature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis, Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 Tamiami Trail East, Suite 300 VVHICH I SERVE IS A UNIT OF:
CITY COUNTY ❑CITY of COUNTY CIOTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED Collier County
April 11, 2017 MY POSITION IS: d ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis , hereby disclose that on April 11 20 17
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of a client of my law firm, Lennar Homes, LLC by
whom I am retained; or
inured to the special gain or loss of , which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On April 11, 2017, BCC Agenda Item 16A5, the Board will consider a recommendation to approve a quit-claim
deed and bill of sale between Collier County and Lennar Homes, LLC in order to re-convey sewer utility facilities
which were previously erroneously conveyed to the County.
The developer, Lennar Homes, LLC, is a client of my law firm, and in an abundance of caution, I will abstain from
voting pursuant to Section 286.012, Fla. Stat. to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
April 11, 2017 /lir all/
Date Filed "ire'
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Taylor, Penny Collier County
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 Tamiami Trail East, Suite 300 WHICHISERVE ISAUNIT OF:
CITY COUNTY ❑CITY dfCOUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED
Collier County
AApril 11, 2017 MY POSITION IS:
P d ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAS)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Penny Taylor hereby disclose that on April 11 20 17
(a)A measure came or will come before my agency which(check one or more)
_ inured to my special private gain or loss;
/ inured to the special gain or loss of my business associate, the owner of the subject property
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of , by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On April 11, 2017 (Item 9A), the Collier County Board of County Commissioners will consider a recommendation
to amend the Growth Management Plan with an amendment to the Vanderbilt Beach/Collier Blvd. Commercial
Subdistrict on the north side of Vanderbilt Beach Road. The owner of the subject property is a business
associate of mine, and in an abundance of caution, I will abstain from voting pursuant to Section 286.012, Fla.
Stat. to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
April 11, 2017
Date Filed Signature 4%tv
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.