BCC Minutes 03/13/2018 RMarch 13, 2018
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 13, 2018
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: Andy Solis
VICE-CHAIRMAN: William L. McDaniel, Jr.
Donna Fiala
Burt L. Saunders (via phone)
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Director of Finance & Accounting
Michael Sheffield, Director Comm. & Customer Relations
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March 13, 2018
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
March 13, 2018
9:00 AM
Commissioner Andy Solis, District 2 - BCC Chair
Commissioner William L. McDaniel, Jr., Dist. 5 - BCC Vice-Chair; CRAB Co-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Burt Saunders, District 3
Commissioner Penny Taylor, District 4
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.
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.”
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
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March 13, 2018
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. Rabbi Ammos Chorny, Beth Tikvah Synagogue
2. AGENDA AND MINUTES
A. Approval of today’s regular, consent and summary agenda as amended (ex
parte disclosure provided by Commission members for consent agenda.)
B. February 13, 2018 BCC Meeting Minutes
C. February 27, 2018 - BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
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March 13, 2018
B. ADVISORY BOARD MEMBERS
C. RETIREES
4. PROCLAMATIONS
A. Proclamation designating March 11 - 18, 2018 as Sunshine Week in Collier
County and declaring our commitment to open and accessible government.
To be accepted by Maria DeJesus, representing the Collier County Board of
County Commissioners; Marni Scuderi representing the Collier County
Clerk of Courts; Christina Farlow-Ford representing the Collier County
Sheriff's Office; Vickie Downs representing the Collier County Property
Appraiser; Rob Stoneburner representing the Collier County Tax Collector;
and Trish Robertson representing the Collier County Supervisor of
Elections.
B. Proclamation designating March 17, 2018 as Save the Florida Panther Day
in Collier County. To be accepted by Amber Crooks and Mac Hatcher from
Friends of the Florida Panther Refuge and Kevin Godsea from Florida
Panther National Wildlife Refuge.
C. Proclamation recognizing March 15 - 25, 2018 as the 42nd Anniversary of
the Collier County Fair. To be accepted by TJ Snopkowski, Marketing &
Sponsorship Director, Collier County Fairgrounds.
D. Proclamation designating March 21, 2018 as Rosie the Riveter Day in
Collier County, as part of a collective national effort to raise awareness of
the 16 million working women who contributed on the home front during
World War II. To be accepted by James Moon, Lois Bolin, and John
McGowan.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for March 2018 to
Cable USA, LLC. To be accepted by Richard Woodman, Vice President of
Finance. Also present is Bethany Sawyer of the Greater Naples Chamber of
Commerce.
6. PUBLIC PETITIONS
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March 13, 2018
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to review the traffic analysis study and affirm staff's
findings in response to a public petition request heard on February 13, 2018,
under Agenda Item 6A., requesting that a wall or guardrail be installed on a
section of Rattlesnake Hammock Road (just east of US41 on the north side
of the roadway) to prevent cars from leaving the road. Public Petition -
Hetzner (Marlene Messam, Principal Project Manager, Transportation
Engineering and Construction Division)
B. Recommendation to direct the County Attorney to advertise an Amendment
to Collier County Ordinance No. 96-84, as amended, known as the Radio
Road Beautification Municipal Service Taxing Unit (MSTU), to amend the
boundaries and incorporate provisions to improve the look and usability of
the public areas within the MSTU boundaries. (Michelle Arnold, Public
Transit and Neighborhood Enhancement, Division Director)
C. Recommendation to authorize staff to initiate the Invitation to Negotiate
(ITN) process for two (2) County-owned properties previously identified as
suitable for the development of housing that is affordable in accordance with
the Community Housing Plan. (Cormac Giblin, Manager, Grant and
Housing Development, Community and Human Services Division)
D. Recommendation to direct staff to either 1) prepare an ordinance to ban
medical marijuana dispensing facilities from locating within the boundaries
of Collier County, or 2) to continue to publicly vet a Land Development
Code amendment to permit medical marijuana dispensaries in the same
zoning districts as pharmacies. (Mike Bosi, Planning and Zoning Division
Director)
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March 13, 2018
E. 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 affirm a zoning verification
letter regarding a proposed Medical Marijuana Treatment Center and direct
staff to issue a letter of no objection to the proposed location. (Mike Bosi,
Planning and Zoning Division Director)
F. Recommendation to adopt the FY 2019 Budget Policy. (Mark Isackson,
Corporate Financial and Management Services Division Director)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Proposed Future BCC Workshop Schedule
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve and authorize the Chairman to execute
the Sovereignty Submerged Lands Easement Modification as required
to add the permit for Doctor’s Pass and Moorings Bay.
2) Recommendation to authorize the Clerk of Courts to release a
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March 13, 2018
Performance Bond in the amount of $61,880 which was posted as a
guaranty for Excavation Permit Number PL20150000182,
(Excavation Permit No. 60.123) for work associated with Tuscany
Pointe Phase Two
3) Recommendation to authorize the Clerk of Courts to release a
performance security in the amount of $9,073.15 which was posted as
a guaranty for Site Development Plan, PL20140000858 for work
associated with Fifth Third Bank within the Sabal Bay Planned Unit
Development.
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 Maple Ridge Phase 6A PPL,
(Application Number PL20170002650) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
5) Recommendation to approve and authorize the Chairman to sign the
Utility Facilities Quit-Claim Deed and Bill of Sale between Collier
County and Avalon of Naples, LLC, in order to reconvey to Avalon of
Naples, LLC, a portion of the potable water and sanitary sewer utility
facilities associated with the development at Avalon of Naples, PL
20160002356, which were previously erroneously conveyed to the
County.
6) Recommendation to award Invitation to Bid #18-7252, "Roadway
Signs Repair," to Highway Safety Devices, Inc. for repair and
installation of roadway signs damaged by Hurricane Irma (Project
No. 50154).
7) Recommendation to approve the release of a code enforcement lien
with an accrued value of $504,081.72 for payment of $531.72 in the
code enforcement actions entitled Board of County Commissioners v.
Erick Dorestil and Elvita Pierre. Code Enforcement Board Case No.
CEPM20100019476 relating to property located at 3661 12th Avenue
NE, Collier County, Florida.
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March 13, 2018
8) Recommendation to approve the release of a code enforcement lien
with an accrued value of $49,614.88 for p ayment of $614.88 in the
code enforcement action entitled Board of County Commissioners v.
Ana Elias, Code Enforcement Board Case No. CEPM20150001679
relating to property located at 2707 Immokalee Drive, Collier County,
Florida.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award Bid #17-7217, “Fire Alarm, Sprinklers and
Extinguishers Inspections and Repairs,” to Cintas Corporation, for
County-wide Fire Alarm, Sprinklers and Extinguishers Inspections
and Repairs in a base contract amount of $607,000.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to adopt a Resolution repealing all previous
resolutions establishing and amending parts of the Collier County
Parks and Recreation Division Facilities and Outdoor Areas License
and Fee Policy and establish standard rates for recreational and
commercial boat dock rental fees, increase Pickleball membership
fees, and modify fees for the Golden Gate Community Center.
2) Recommendation to approve an Agreement for Sale and Purchase
with Tyler Thurston, for 1.14 acres under the Conservation Collier
Land Acquisition Program at a cost not to exceed $7,100.
3) Recommendation to approve an Agreement for Sale and Purchase
with Janet L. Wallace, Kevin L. Konkler, and Linda K. Frauendorfer
formerly known as Linda K. Blake, all as tenants in common, for 1.14
acres under the Conservation Collier Land Acquisition Program at a
cost not to exceed $14,800.
4) Recommendation to approve the submittal of a revised FY17 Federal
Transit Administration (FTA) 5307 Grant application to include
additional expansion vehicles through the Transit Award Management
System (TrAMS).
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March 13, 2018
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to award RFP #18-7262 Full Service Auctioneer to
Royal Auction Group, Inc.
2) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve Tourist Development Tax marketing
funding to replace the Marco Island Chamber of Commerce Visitor
Information sign damaged by Hurricane Irma and make a finding that
this expenditure promotes tourism.
2) Recommendation to approve Tourist Development Tax Promotion
funding to support the six upcoming April 2018 Sports Events up to
$33,500 and make a finding that these reimbursable expenditures
promote tourism.
3) Recommendation to approve Tourist Development Tax funding, a
Waiver of Competition and a one year contract for website services
with Miles Partnership, LLLP, in the annual amount of $300,000,
authorize the Chairman to execute the contract, and make a finding
that this expenditure promotes tourism.
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2017-18 Adopted Budget.
5) Recommendation to authorize one additional FY 2018 budget
amendment covering post Hurricane Irma clean up and recovery
providing an additional $1,000,000 appropriation to fund waterway
debris cleanup and repairs in the Pelican Bay Community.
6) Recommendation to direct the County Attorney to advertise a
proposed ordinance which would amend Ordinance No. 2002-27, as
amended, relating to the Pelican Bay Services Division Board, by
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March 13, 2018
eliminating the requirement of the rotation of the chair and vice chair,
which was implemented by Ordinance No. 2013-19, and return to the
original selection process of the chair and vice chair as set forth in
Ordinance 2002-27, as amended.
G. AIRPORT AUTHORITY
1) Recommendation to approve the attached Collier County Airport
Authority Standard Form Lease Agreement with Brightest Antares,
LLC (dba Silsby Aviation) for office space at the Marco Island
Executive Airport.
2) Recommendation to approve Amendment #1 to Contract No. 16-6561
“Design Services for Marco Executive Terminal” with Atkins North
America, Inc. in the amount of $919,674 for engineering and
inspection services during construction and authorize the Chairman to
execute the Amendment.
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve a Resolution changing the boundaries of
certain voting precincts.
2) Recommendation to approve the FY2017 SCAAP letter delegating
authority to Sheriff Kevin Rambosk to be the official grant applicant
and contact person, or his designee, and to receive, expends the
payment and make any necessary budget amendments of the FY2017
of the State Criminal Alien Assistance Program (SCAAP) grant funds.
3) 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 February 15 and February 28, 2018 pursuant to
Florida Statute 136.06.
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March 13, 2018
4) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of March 7,
2018.
K. COUNTY ATTORNEY
1) Recommendation to appoint a member to the Ochopee Fire Control
District Advisory Committee.
2) Recommendation to appoint a member to the Health Facilities
Authority.
3) Recommendation to appoint four members to the Pelican Bay
Services Division Board.
4) Recommendation to reappoint two members to the Haldeman Creek
Dredging Maintenance Advisory Committee
5) Recommendation to reappoint two members to the Educational
Facilities Authority.
6) Recommendation to approve a Stipulated Order settling all statutory
attorney and expert fees and costs to Gulf Coast Donuts, LLC,
incurred in the taking of parcels in the case styled Collier County v.
Lowe’s Home Center Inc., et al., Case No. 13-CA-0142, for the US
41/C.R. 951 Intersection Improvement Project, Project No. 60116
(Fiscal Impact: $37,000).
7) Recommendation to approve and authorize the Chair to execute a
Release of Property Damage Claim in the lawsuit styled Collier
County Board of County Commissioners v. James Johnson, filed in
the Twentieth Judicial Circuit in and for Collier County, Florida (Case
No. 16-CC-770), for the total sum of $4,767.10.
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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
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March 13, 2018
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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A. This item requires that ex parte disclosure be provided by the
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 2004-41, as amended, the Collier
County Land Development Code which includes the comprehensive zoning
regulations for the unincorporated area of Collier County, Florida, by
amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from a Rural Agricultural
(A) zoning district to a Commercial Planned Unit Development (CPUD)
zoning district to allow for development of up to 40,000 square feet of
commercial development for a project to be known as 15501 Old US 41
CPUD; and providing an effective date. The subject property is located on
the west side of Old US 41, approximately one mile north of the US 41 and
Old US 41 intersection, in Section 10, Township 48 South, Range 25 East,
Collier County, Florida. [PL20170001083]
B. This item requires that ex parte disclosure be provided by the
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance No. 96-79, the Eagle Creek Planned Unit
Development by expanding the golf course by removing one acre from
residential tracts and adding the one acre to golf course Tract H-1; by
superseding and repealing prior Ordinance Nos. 81-4, 81-114, 82-53 and 85-
8; by amending the Master Plan; and providing an effective date. The subject
property, consisting of 298+/- acres, is located southwest of the intersection
of US 41 and Collier Boulevard in Sections 3 and 4, Township 51 South,
Range 26 East, Collier County, Florida. [PL20170001320]
C. This item requires that all participants be sworn in and ex-parte
disclosure be provided by Commission members. Should a hearing be
held on this item, all participants are required to be sworn in.
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March 13, 2018
Recommendation to approve a Resolution renaming a portion of Esplanade
Boulevard to Montelanico Loop. The subject street is approximately one
third of a mile in length, located within the Esplanade Golf and Country
Club of Naples, approximately one and a quarter mile north of Immokalee
Road, in Section 15, Township 48 South, Range 26 East, Collier County,
Florida. [SNR-PL20170002424]
D. Recommendation to adopt an amendment to Ordinance No. 2017-53, which
re-established the County Government Productivity Committee, to eliminate
the requirement for staggered terms.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
March 13, 2018
Page 2
MR. OCHS: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, you have a live mike.
VICE-CHAIRMAN McDANIEL: Well, thank you, sir.
Good morning, everybody. I'm going to call our meeting to
order. I didn't mean to interrupt.
COMMISSIONER TAYLOR: I'm sorry. This is very serious,
but it's fine.
VICE-CHAIRMAN McDANIEL : Yes, it is.
COMMISSIONER TAYLOR: We're glad Commissioner Fiala's
here.
VICE-CHAIRMAN McDANIEL: Yes. And Commissioner
Fiala's not been feeling well. She's doing okay now, but -- and we've
all been discussing it. I didn't mean to interrupt.
COMMISSIONER FIALA: It's all right. You're running the
meeting. We're fine.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE – INVOCATION
GIVEN BY BABBI AMMOS CHORNY OF BETH TIKVAH
SYNAGOGUE
VICE-CHAIRMAN McDANIEL: With that, I'd like to call upon
Rabbi Ammos Chorny with Beth Tikvah Synagogue to have our
prayer this morning. If you'd all rise.
RABBI CHORNY: Good morning.
Our God and God of our ancestors, we ask your blessings upon
our country for its government, for its leaders and advisors, and for all
who access has just and rightful authority. Teach them insights of your
law; that they may administer all the affairs of state fairly; that peace
March 13, 2018
Page 3
and security, happiness and prosperity, justice and freedom may
forever abide in our midst.
Creator of all flesh, bless all the inhabitants of our country with
your spirit. May citizens of all races and creeds forge a common bond
in true harmony to vanish hatred and bigotry, and to safeguard the
ideals and free institutions that are the pride and glory of our country.
May this land, under your providence, be an influence for good
throughout the world uniting all people in peace and freedom, helping
them to fulfill the vision of your prophet. Nation shall not lift up
sword against nation, neither shall they experience war anymore. And
let us say amen.
VICE-CHAIRMAN McDANIEL: Commissioner Taylor, will
you lead us in the Pledge, please.
(The Pledge of Allegiance was recited in unison.)
VICE-CHAIRMAN McDANIEL: Thank you, Rabbi.
Well, good morning, everybody. As you can see, we're minus a
couple of our members this morning.
And before we go on, Commissioner Solis is on his way, so if
you'll please indulge me while I muddle through trying to manage this
meeting. I'll endeavor to fill some pretty big shoes.
I would like to first start by having -- and, County Attorney, I
know we have a -- Commissioner Saunders is on the phone today; is
that correct? Is he here with us?
MR. KLATZKOW: Are you there, Commissioner?
COMMISSIONER SAUNDERS: Yes. Can you hear me?
VICE-CHAIRMAN McDANIEL: Well, in the advent that he
does arrive by phone, I would like to call upon my colleagues to vote
to accept his --
COMMISSIONER SAUNDERS: Mr. Chairman, I'm here.
VICE-CHAIRMAN McDANIEL: Okay. There he is. Is it okay
with my colleagues -- I'd like to accept his attendance by telephone
March 13, 2018
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today.
COMMISSIONER FIALA: I'd like to make a motion
Commissioner Saunders --
MR. KLATZKOW: And could we make a finding --
COMMISSIONER FIALA: -- to participate in our meeting by
phone.
MR. KLATZKOW: And can we make a finding it's
extraordinary circumstances?
COMMISSIONER FIALA: Oh, and find that these are under
extraordinary circumstances.
MR. KLATZKOW: Thank you.
COMMISSIONER FIALA: Do we have a second?
VICE-CHAIRMAN McDANIEL: Do we have a second?
COMMISSIONER TAYLOR: I'll second.
VICE-CHAIRMAN McDANIEL: It's been moved and --
COMMISSIONER TAYLOR: I just didn't know what the
extraordinary circumstances were. That's why I was hesitating.
VICE-CHAIRMAN McDANIEL: We don't have to go there.
COMMISSIONER TAYLOR: Okay.
MR. KLATZKOW: You can ask.
VICE-CHAIRMAN McDANIEL: You can ask. But it's been
moved and seconded that we accept Commissioner Saunders'
attendance by telephone today.
All in favor?
Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Opposed, same sign, same
sound.
(No response.)
VICE-CHAIRMAN MCDANIEL: So moved.
March 13, 2018
Page 5
COMMISSIONER SAUNDERS: Thank you.
VICE-CHAIRMAN McDANIEL: Oh, you're welcome,
Commissioner Saunders. We hope you're doing well.
The second, I would like to make a suggestion for and until
Commissioner Solis does get here -- and I've been getting traffic
reports that he is moving in our direction -- I would like to suggest that
we move the consent and summary agenda items to a later period in
our meeting to allow for his arrival and ex parte to be done in a proper
manner, if that's okay.
COMMISSIONER FIALA: It's okay with me. How about --
County Attorney, is that okay?
MR. KLATZKOW: It's fine, yes, ma'am.
VICE-CHAIRMAN McDANIEL: Okay. With that, that's the
way we'll manage today's agenda.
And, County Manager, you want to pick a number or just
announce it when he gets here, we can move right into the consent and
summary.
MR. OCHS: I think that would be appropriate, sir.
VICE-CHAIRMAN McDANIEL: Okay. So with that, we'll
move onto Item 2A, and that's approval of today's regular consent --
well, we're not going to do that -- the minutes from our February 13th
meeting.
MR. OCHS: Mr. Chair, if we may, I think it's okay to deal with
the regular agenda, because I do have a couple of agenda changes with
respect to the regular agenda, if we might.
VICE-CHAIRMAN McDANIEL: Yes, sir. I apologize for that.
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
March 13, 2018
Page 6
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA.) – MOTION TO APPROVE TODAY’S REGULAR
AGENDA – APPROVED
MR. OCHS: No problem, sir.
Thank you, and good morning, Commissioners. These are your
Proposed Agenda Changes for the Board of County Commissioners
Meeting of March 13, 2018.
The first proposed change is to move Item 16F3 from your
consent agenda. That will become Item 11G on the regular agenda this
morning. That move is made at Commissioner Taylor's request.
And the final change that I have has to do with a time-certain
request for Item 11C. This was a time-certain request from
Commissioner Fiala to hear that item. I would suggest 10 o'clock,
Commissioners. I think Commissioner Solis will certainly be back by
then, and that might be an appropriate time to hear Item 11C, if that
pleases the Board.
VICE-CHAIRMAN McDANIEL: If you think that's time, yes.
MR. OCHS: Yes, I think that would be appropriate.
COMMISSIONER FIALA: Thank you very much.
MR. OCHS: Yes, ma'am.
Those are all the changes that I have today, Mr. Chair.
VICE-CHAIRMAN McDANIEL: County Attorney?
MR. KLATZKOW: No changes, sir.
VICE-CHAIRMAN McDANIEL: All right. With that, then I'll
call for a motion for the acceptance of the adjustments to the agenda.
MR. OCHS: Regular agenda.
VICE-CHAIRMAN McDANIEL: Regular agenda.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER TAYLOR: Second.
VICE-CHAIRMAN McDANIEL: It's been moved and seconded.
March 13, 2018
Page 7
All in favor?
Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
VICE-CHAIRMAN McDANIEL: Opposed, same sign, same
sound.
(No response.)
Proposed Agenda Changes
Board of County Commissioners Meeting
March 13, 2018
Move Item 16F3 to Item 11G: Recommendation to approve Tourist Development Tax
funding, a Waiver of Competition and a one-year contract for website services with Miles
Partnership, LLLP, in the annual amount of $300,000, authorize the Chairman to execute the
contract, and make a finding that this expenditure promotes tourism. (Commissioner Taylor’s
request)
3/29/2018 11:32 AM
March 13, 2018
Page 8
Item #2B
BCC MEETING MINUTES FROM FEBRUARY 13, 2018, AND
THE BCC MEETING MINUTES FROM FEBRUARY 27, 2018
MEETING – APPROVED AS PRESENTED
VICE-CHAIRMAN McDANIEL: So now we'll do the minutes
from our February 13th Meeting.
COMMISSIONER FIALA: Motion to approve the minutes from
the February 13th BCC meeting and motion to approve the February
27th minutes from the BCC meeting.
COMMISSIONER TAYLOR: Second.
VICE-CHAIRMAN McDANIEL: It's been moved and seconded
that we approve the minutes from both our February 13th and February
27th meeting.
Any discussion?
(No response.)
VICE-CHAIRMAN McDANIEL: All in favor?
Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
VICE-CHAIRMAN McDANIEL: Opposed, same sign, same
sound.
(No response.)
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS – ADOPTED
March 13, 2018
Page 9
Item #4A
PROCLAMATION DESIGNATING MARCH 11 - 18, 2018 AS
SUNSHINE WEEK IN COLLIER COUNTY AND DECLARING
OUR COMMITMENT TO OPEN AND ACCESSIBLE
GOVERNMENT. ACCEPTED BY MARIA DEJESUS,
REPRESENTING THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS; MARNI SCUDERI
REPRESENTING THE COLLIER COUNTY CLERK OF
COURTS; CHRISTINA FARLOW-FORD REPRESENTING THE
COLLIER COUNTY SHERIFF'S OFFICE; VICKIE DOWNS
REPRESENTING THE COLLIER COUNTY PROPERTY
APPRAISER; ROB STONEBURNER REPRESENTING THE
COLLIER COUNTY TAX COLLECTOR; AND TRISH
ROBERTSON REPRESENTING THE COLLIER COUNTY
SUPERVISOR OF ELECTIONS – ADOPTED
MR. OCHS: Commissioners, that takes us to today's
proclamations.
MR. OCHS: Item 4A is a proclamation designating March 11
through March 18, 2018, as Sunshine Week in Collier County and
declaring our commitment to open an accessible government.
(Chairman Solis is now present in the boardroom.)
MR. OCHS: To be accepted by Maria DeJesus representing the
Collier County Board of County Commissioners; Marni Scuderi
representing the Collier County Clerk of Courts; Christina
Farlow-Ford representing Collier County Sheriff's Office; Patty
Hessler representing the Collier County Property Appraiser; Rob
Stoneburner representing Collier County Tax Collector; and Trish
Robertson representing Collier County Supervisor of Elections.
Would you please step forward.
March 13, 2018
Page 10
(Applause.)
MR. OCHS: Someone reach back there and grab the
proclamation from the Chair.
VICE-CHAIRMAN McDANIEL: Would you mind passing
them out. Do we want to -- did you read the proclamation?
MR. OCHS: No, sir. We normally don't read them unless the
Board wants to.
COMMISSIONER FIALA: Thank you for all your service.
(Applause.)
CHAIRMAN SOLIS: I'm ready to go.
COMMISSIONER McDANIEL: I do want to let you know that I
neglected to announce the artist of the month, so that needs to be done
before we move off into the agenda. And I'll just keep these down here
until -- well, if you don't mind, I'll just go ahead and finish that up.
The featured artist of the month is full-time Collier County
resident Sara Spartin. Sara's work is displayed in the back. Sara's
work has been exhibited in many shows and won numerous awards.
Sara's currently creating abstract paintings because she believes
that abstract art stimulates an individual's thoughts, beliefs, ideas, and
imaginations.
And when you have a moment, please enjoy her work in the back.
There you go. And we're glad to have you back, Commissioner
Solis.
CHAIRMAN SOLIS: Good morning. And I apologize for being
late, but --
MR. OCHS: Sir, just so you know, Commissioner Saunders is
joining us by phone.
CHAIRMAN SOLIS: Very good.
Item #4B
March 13, 2018
Page 11
PROCLAMATION DESIGNATING MARCH 17, 2018 AS SAVE
THE FLORIDA PANTHER DAY IN COLLIER COUNTY.
ACCEPTED BY AMBER CROOKS AND MAC HATCHER FROM
FRIENDS OF THE FLORIDA PANTHER REFUGE AND KEVIN
GODSEA FROM FLORIDA PANTHER NATIONAL WILDLIFE
REFUGE – ADOPTED
MR. OCHS: That moves us to Item 4B this morning. That is a
proclamation designating March 17, 2018, as Save the Florida Panther
Day in Collier County. To be accepted by Amber Crooks and Mac
Hatcher from Friends of the Florida Panther Refuge and Ben
Nottingham from Florida Panther National Wildlife Refuge.
Good morning.
(Applause.)
COMMISSIONER FIALA: Good to see you back.
(Applause.)
MS. CROOKS: I'm Amber Crooks. I'm here behalf of the
Friends of Florida Panther Refuge. And I just want to say thank you
for recognizing Save the Florida Panther Day.
The State of Florida, as well as the county, have been recognizing
every third Saturday in March to highlight this species as part of our
Florida Ecosystem and our State's Official Mammal.
The day is celebrated at the approximately 27,000-acre Florida
Panther National Wildlife Refuge here in Collier County at State Road
29 and I-75 with an open house, which this year for the first time,
instead of just a one-day event, is a week-long event concluding in the
main event on Saturday, March 17th from 10 a.m. to 2 p.m. This week
the refuge will host free events from Orchid Wet Walks, Swamp
Buggy Tours, and other educational lectures, food, fun, and activities
in Florida Panther Habitat.
Thank you for recognizing Save the Florida Panther Day, and we
March 13, 2018
Page 12
hope to see you all out at the refuge this week. Thank you.
(Applause.)
Item #4C
PROCLAMATION RECOGNIZING MARCH 15 - 25, 2018 AS
THE 42ND ANNIVERSARY OF THE COLLIER COUNTY FAIR.
ACCEPTED BY TJ SNOPKOWSKI, MARKETING &
SPONSORSHIP DIRECTOR, COLLIER COUNTY
FAIRGROUNDS – ADOPTED
MR. OCHS: Item 4C is a proclamation recognizing March 15th
through the 25th, 2018, as the 42nd anniversary of the Collier County
Fair. To be accepted by T.J. Snopkowski, Marketing and Sponsorship
Director, and Pat Cookson, Board Secretary.
Good morning.
(Applause.)
MR. SNOPKOWSKI: I want to thank you all for this tremendous
honor today. And I just want to let you all know the Collier County
Fair is coming. It's March 15th through 25th, if you hadn't heard.
A lot of people don't realize we're a local private not-for-profit,
and so we try to give back to the community as much as we get in.
And so, therefore, we implore all of you to come out, all of you guys
who support our tremendous initiatives, and also we invite all of you to
join us for our ribbon cutting, which is this Thursday at 5:30 p.m.
So thank you all so much. You-all have a great day.
(Applause.)
COMMISSIONER FIALA: Just a fast note. I hope everybody
can make it. I went to the very first one back in '76, and I entered a
cake in their contest, and I won the prize. I had the best cake. Of
course, there were only about 12 of us in there.
March 13, 2018
Page 13
COMMISSIONER McDANIEL: I was going to say, how many
cakes were there?
COMMISSIONER FIALA: And it was all held under one tent at
the time. So it's amazing to see how far they've come, and I
congratulate all of you for all of the work you've done. Thank you.
MR. SNOPKOWSKI: We had over 75,000 people last year so,
yeah. Thank you.
COMMISSIONER TAYLOR: And if I may add something.
Every year it gets better.
MR. SNOPKOWSKI: Thank you.
COMMISSIONER TAYLOR: Every year -- you know, you
always hear about these fairs that have been around for a long time,
and you kind of cringe, and -- not this one. It's -- you know, just the
caliber of the people working there and the friendliness of everyone,
you feel safe, it's so much fun, and there's so much to see.
So congratulations on a well-run fair.
MR. SNOPKOWSKI: Thank you very much. We appreciate
that.
Item #4D
PROCLAMATION DESIGNATING MARCH 21, 2018 AS ROSIE
THE RIVETER DAY IN COLLIER COUNTY, AS PART OF A
COLLECTIVE NATIONAL EFFORT TO RAISE AWARENESS
OF THE 16 MILLION WORKING WOMEN WHO
CONTRIBUTED ON THE HOME FRONT DURING WORLD
WAR II. ACCEPTED BY JAMES MOON, LOIS BOLIN, AND
JOHN MCGOWAN – ADOPTED
MR. OCHS: Item 4D is a proclamation designating March 21st,
2018, as Rosie the Riveter Day in Collier County as part of a collective
March 13, 2018
Page 14
national effort to raise awareness of the 16 million working women
who contributed on the home-front during World War II. To be
accepted this morning by John McGowan, Dusty Holmes, Dr. James
Holmes, James Moon, and Lois Bolin.
(Applause.)
UNIDENTIFIED SPEAKER: Hey, Burt. I got one of these for
you, too.
MS. BOLIN: Oh, they did put that up there. Good. God bless
them.
(Applause.)
MS. BOLIN: Hi, I'm Lois Bolin, Florida Chair for Spirit of 45.
And thank you so much for this Rosie the Riveter Day. This is really
part of a national initiative. I will send you the link where you can link
to see where all the memorial gardens are being dedicated. In 2017 the
Congress passed a resolution making March the 21st the day to
remember our home-front workers and our Rosie the Riveters. And
everywhere from Oregon to D.C., now, and Florida, were the first
garden to dedicate this, and we hope by 2020 we have all the counties.
And there is actually a national link set up where people can click to go
and travel to see these gardens.
So thank you very much for having Collier County make history
for our wonderful World War II veterans and our home-front workers
and especially our Rosie the Riveters who has a special rose that has
been, not built, but whatever, designed. What was it? Propagated for
Rosie. It's a Rosie the Riveter rose. Thank you.
(Applause.)
COMMISSIONER TAYLOR: Mr. Chairman, I wonder if you
would indulge us for a moment. Do we have any World War II vets
here?
(No response.)
COMMISSIONER TAYLOR: Do we have any World War II
March 13, 2018
Page 15
widows here? Would you please stand up?
(Applause.)
MR. OCHS: Mr. Chairman, if I could get a motion to approve
today's proclamations, please.
COMMISSIONER McDANIEL: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN SOLIS: There's a motion and second. All in favor,
say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries. Thank you.
MR. OCHS: It's a 5-0.
Item #2A – Continued from earlier in the meeting
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) - MOTION TO APPROVE TODAY’S
CONSENT AND SUMMARY AGENDAS – APPROVED AND/OR
ADOPTED W/CHANGES
MR. OCHS: Mr. Chairman, at this time it would be appropriate
to move back to Item 2A. We waited until your arrival for the
approval of the consent and summary agenda this morning including
any ex parte disclosure to be provided by commission members for the
March 13, 2018
Page 16
consent agenda or the summary agenda.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: Good morning, sir. I have no
disclosures for either the consent or summary.
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: Yes. No corrections, no additions,
no disclosures, other than on the summary agenda -- excuse me -- on
the summary agenda I have the staff report from both 17A and 17B,
but I've spoken with no one.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: No disclosures on the consent
agenda or the summary agenda.
MR. OCHS: Commissioner Saunders, sir.
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: Yes. I have no changes and no
disclosure.
CHAIRMAN SOLIS: And I have no disclosures and no changes
as well, although I do have a conflict with 16C and will abstain from
voting on that.
MR. KLATZKOW: And that would be 16C1, correct?
CHAIRMAN SOLIS: 16C1, yes, sir.
And we've a public speaker?
MR. SHEFFIELD: Yes. We have one speaker on the consent
agenda for 16F5. Suzanne (sic) O'Brien.
MS. O'BRIEN: Good morning, Commissioners. My name is
Susan O'Brien. I live in Pelican Bay, and I serve on the Pelican Bay
Services Division Board.
Before you consider approving agenda Item 16F5, which is a
request to transfer a million dollars from one PBSD account to another,
I would just like to share three things: Number one, this million-dollar
transfer of funds has not been approved by the PBSD Board.
March 13, 2018
Page 17
Mr. Dorrill only mentioned it during last week's Board Meeting
when he was asked a question about another $300,000 that had
previously been transferred from one fund to another to accommodate
Irma-related expenses. This million-dollar transfer could have been on
the agenda, but it wasn't.
Second, two days after the board meeting, Mr. Dorrill wrote an
email to Dr. Joseph Doyle. I believe you received a copy of that. Mr.
Dorrill said in the email that the PBSD Board was provided
information about five projects and their estimated cost at last week's
meeting. This is not accurate.
I attended the meeting and have listened to the audiotape of it.
The only costs Mr. Dorrill mentioned during the meeting were
$150,000 and $39,000, and that's for work along the 41 berm. PBSD
Board was provided no additional information where the million-dollar
number came from.
Third, in the email Mr. Dorrill estimated the cost of repairing and
replacing street signs in Pelican Bay at half a million dollars. Two
hundred seventy-five signs need work, which is about $1,818 per sign.
He estimated the cost of streetlight repairs primarily to straighten poles
at $200,000. One hundred nine poles need work, which would be
$1,835 per pole.
It appears that these estimates need to be fine-tuned before the
appropriate amount for a budget transfer is established and approved
by the PBSD Board; therefore, I respectfully request that you delay
action on this request until the PBSD Board has approved it. It appears
that there's adequate time to do so prior to your summer recess.
Thank you.
COMMISSIONER McDANIEL: Well.
CHAIRMAN SOLIS: Is Mr. Dorrill here?
(No response.)
MR. OCHS: Mr. Isackson is here --
March 13, 2018
Page 18
CHAIRMAN SOLIS: Mr. Isackson's here?
MR. OCHS: -- if you want to get an explanation from him.
MR. ISACKSON: Good morning, Commissioners. Mark
Isackson with the Office of Management and Budget.
We had received -- in my office, we received a request a couple
weeks ago for additional monies connected with the hurricane. We
had already budgeted budget amendments of about $290,000 moved
within Fund 322, which is the Pelican Bay Services Division Capital
Fund. Those dollars have already been appropriated into the proper
Hurricane Irma funded program within the Capital Fund.
Now, this particular request is obviously a large amount of
money. I understood that there was going to be some advisory board
review the Wednesday that the agenda was printed. At that point in
time I just decided to put it on the agenda for Board consideration.
We've done 78 budget amendments over the last six months
totaling $170 million covering this hurricane. Now, it's up to the
Board whether or not they want to actually approve the BA or not.
That's why it's, obviously, before you. So it's your call policy-wise.
I don't think there's any risk of a delay in terms of getting
reimbursed from FEMA or something like that. It's just a matter of the
timing of the work that has to be prosecuted. And I wouldn't have any
idea what that would be. Mr. Dorrill would probably know better than
I about that, so...
CHAIRMAN SOLIS: Well, I'd like to suggest that we pull this
item and we see if Mr. Dorrill can come and join us and give us a brief
explanation so that we're all clear.
COMMISSIONER McDANIEL: And/or continue it. I mean,
that's an alternative there. If we could continue this item if there isn't
an issue with the delay just to clarify the point that it's gone through the
--
MR. ISACKSON: We would continue it to the next meeting if
March 13, 2018
Page 19
you wanted to.
COMMISSIONER McDANIEL: I mean, that --
MR. ISACKSON: Two weeks.
COMMISSIONER McDANIEL: I mean, that would maybe save
him a trip down from the offices.
CHAIRMAN SOLIS: Well, I think we're still going to need an
explanation if -- I mean, I certainly would just like to hear what the
process was for Mr. Dorrill if he's available. But why don't we do this:
Why don't we just pull it and if -- maybe we can have anybody call and
see if he can join us sometime later today, and if he can't then maybe
we can continue it or we can continue it if we're not -- if we don't feel
comfortable with what Mr. Dorrill presents. How's that?
MR. OCHS: Commissioners, that would move this item, then, to
11H on your regular agenda, and we'll contact him and get him over
here.
CHAIRMAN SOLIS: Thank you.
COMMISSIONER McDANIEL: With that, I'll move for
approval of the consent and summary agenda items.
COMMISSIONER FIALA: Second.
CHAIRMAN SOLIS: There's a motion and a second.
All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
MR. OCHS: Thank you.
March 13, 2018
Page 20
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR MARCH 2018 TO CABLE USA, LLC.,
ACCEPTED BY RICHARD WOODMAN, VICE PRESIDENT OF
FINANCE. ALSO PRESENT IS BETHANY SAWYER OF THE
GREATER NAPLES CHAMBER OF COMMERCE - PRESENTED
MR. OCHS: Commissioners, that now takes us to Item 5A. This
is a presentation of the Collier County Business of the Month for
March 2018 to Cable USA, LLC. To be accepted by Richard
Woodman, Vice-President of Finance, and Bethany Sawyer from the
Greater Naples Chamber of Commerce. If you'd please step forward.
COMMISSIONER TAYLOR: Simon says little steps to your
left.
MR. WOODMAN: I'd like to thank the Commission and the
Chamber of Commerce for this honor.
MR. OCHS: Sir, if you can give your name for the record.
MR. WOODMAN: My name's Richard Woodman, VP of
Finance, Cable USA.
Cable USA is a Berkshire Hathaway Company. We've been in
existence in Naples since 1984, and we provide high-performance wire
and cable to the industrial and military markets.
We employee 70 employees in the region. And I speak for them;
they'll be delighted that you have acknowledged Cable USA as the
Business of the Month.
We encourage community involvement, and some of the groups
that we support or we volunteer work with are the Sunshine Kids.
They're -- they have a regional office in Naples, and that's for children
that have cancer. It allows for them to have normal types of
environments like go to ballgames and Disney World and Busch
March 13, 2018
Page 21
Gardens.
We have one of -- our employees is well involved with the
Friends of the Collier Museum, and we've involvement in Naples
Winter Wine Festival. And less provincial, we've supplied or donated
materials to the University of Florida for projects. So we are -- our
General Manager is Jeremy Shaffer, and he's been charted with growth
and profitability.
As such, I think you'll probably see that there's more employment
opportunities for local residents in our community.
Thank you, again.
(Applause.)
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
CHAIRMAN SOLIS: That takes us to Item 7 this morning,
public comments on general topics not on the current or future agenda.
MR. SHEFFIELD: We have three public comments. First today
is Graham Ginsberg.
MR. GINSBERG: Good morning, Commissioners. Graham
Ginsberg, lived in Naples since '93, raised three children in this
community, and we're still here. As long as I'm here, I'm going to
speak publicly on issues that concern me and all for the public good.
So three topics I want to speak about today is code, beaches, and
the ATV park. What comes to mind? ATV park. It was promised 20
years ago, approximately, that the county would provide the public an
ATV park, 600 acres, and there was a gift of $3 million attached to it.
Today, 20 years later, $3 million is not going to cut it.
So instead of employing people to do research on the ATV park, I
March 13, 2018
Page 22
suggest you get the money first, because $3 million is not going to cut
it. You need more funds. And because it's a park and it's going to be a
public park and people -- tourists from all around Florida are going to
come to it, I suggest you use TDC funds to accommodate the expense.
The beaches -- it's been a year, and I raised the topic of an open
beach access ordinance which allows the public to use the beach
without fear of being kicked off by code or the police on our Collier
County beaches. It's not fair the way it is structured right now for
tourists to use our beaches. So please work on that. I know Senator
Saunders has had an interest in that.
The third item I want to speak about is code. And one particular
concern is lighting. Lights today are more powerful than they have
ever been. There's no ordinance to protect the interests of the general
public in residential areas when it comes to lighting.
Three thousand-watt lights, say, 10 of them directed at the
neighbor's bedroom, is not acceptable. There is an ordinance for noise.
So noise intrusion is an issue and can be done (sic) something about it.
But there is none with lighting, and lighting is extremely powerful
these days. So please work on an ordinance that will help the residents
fight the lighting issues in residential communities.
As far as managing code goes and the running of code, I have my
concerns. I voiced those concerns to the managers at code, and
hopefully something will be done to improve code and the
management of the public in Collier County.
Thanks for your time. I appreciate it.
MR. SHEFFIELD: Mr. Ginsberg, will Mia and Ethan be
speaking, or did you speak?
MR. GINSBERG: I spoke for them.
MR. SHEFFIELD: Okay. There are no further public comments.
MR. OCHS: Commissioners, that moves us into Item 11 this
morning, County Manager's report.
March 13, 2018
Page 23
Item #11A
REVIEW THE TRAFFIC ANALYSIS STUDY AND AFFIRM
STAFF'S FINDINGS IN RESPONSE TO A PUBLIC PETITION
REQUEST HEARD ON FEBRUARY 13, 2018, UNDER AGENDA
ITEM 6A., REQUESTING THAT A WALL OR GUARDRAIL BE
INSTALLED ON A SECTION OF RATTLESNAKE HAMMOCK
ROAD (JUST EAST OF US41 ON THE NORTH SIDE OF THE
ROADWAY) TO PREVENT CARS FROM LEAVING THE
ROAD. (PUBLIC PETITION - HETZNER) – MOTION TO
ACCEPT REPORT – APPROVED
MR. OCHS: Item 11A is a recommendation to review the traffic
analysis study and affirm the staff's findings in response to a public
petition request heard on February 13th, 2018, requesting that a wall or
guardrail be installed on a section of Rattlesnake Hammock Road.
Ms. Marlene Messam, your Principal Project Manager with
Transportation Engineering Division, will make the presentation.
MS. MESSAM: Good morning, Commissioners. For the record,
Marlene Messam, Principal Project Manager, Growth Management
Division.
I'm here this morning to present the engineering findings of the
petition that you heard on February 13th. This was a public petition, as
the County Manager said, requesting a wall or guardrail along a
section of Rattlesnake Hammock Road. This property exists on the
north side, and I'd just like to go through this brief presentation and
entertain any questions that you may have.
The property in question, if you watch the screen, is located here.
This is the Biscayne Bay Condos or condominium property. And there
is, or was, a fence along the property line. One of the -- there were
March 13, 2018
Page 24
several crashes dating from 2012 to 2017, a total of actually seven
crashes. Four of the seven crashes occurred in 2017.
We received a request from the petitioner, Mr. Hetzner. He
actually contacted us four separate times asking that some protection
be afforded the property. And we looked each time at the engineering
request; we look at the response to this. And as you can see, we visited
the site on March 13th, 2017; April 13th, 2017; August 31st, 2017; and
February 26 of this year.
We also, at each time, responded to Mr. Hetzner through the
Agency Incident Management System, and they're documented here.
We have also documented our engineering findings in an engineering
report, and it has been signed and sealed by three professional
engineers.
The first engineering analysis we looked at where the crashes --
of course, I mentioned that before, that all the crashes -- we usually
look at a five-year period of crashes, 2012 to 2017. Based on the
reports from the Sheriff's Office, the police reports, most of these
crashes can be attributed to driver error. We looked at the roadway
features and the roadway alignment to see if that played a factor in the
amount of crashes that occurred, and we did not find any such.
The next thing we look at is whether a guardrail or some type of
roadside barrier would be appropriate in this situation. We looked at --
we evaluated the drop-off conditions. We also looked at what the
manuals, the Florida Department of Transportation manuals say in
regards to warrants for a guardrail.
The conclusion is that the site did not meet the requirements for a
guardrail. And I can take you through -- we did a topographical
survey. At each hundred feet we looked at the elevations and the
setbacks from the curb as to whether or not this particular area met that
drop-off criteria.
What the standards say is that within an area of 22 feet, a lateral
March 13, 2018
Page 25
distance of 22 feet from the face of curb, if you have a drop-off or a
slope that is greater than 3-to-1 and also that that elevation, the slope
causes an elevation greater than six feet, then you should consider
doing some type of mitigation for the drop-off. This was not the case.
As you can see, if you want to take a look at this bottom chart
here, we labeled the cross-sections that we took along that property, A,
B, C, D. The results of our evaluation show that the length, the first
section, which is this first section here, we got a lateral offset of 18.5
feet. The slope there is 1-to-5, much flatter than 1-to-3, and also the
height, the drop-off height from the top of curb down where the slope
ends, it was only two feet. And on and on it goes.
Section B we had a lateral distance of 22 feet. We also had a
slope of 1-to-5 and a height of 3.2 feet.
Section C, the third section here, we had a lateral distance of 19.4.
Now we have a slope of 1-to-3 but only a height of 3.3 feet.
Section D, the last cross-section we evaluated, is actually off the
property. It's outside of the property boundary. We measured a lateral
slope (sic) of 19.8, a slope of 1-to-3, and a height of 4 feet.
So in each of these instances -- because, again, we took
cross-sections at every hundred feet along this property line, and these
are the results that we received when we did our topographic survey.
Again, these are the criteria for an urban section. They have a posted
speed of 35 miles an hour in this section, and the urban means that it is
curb and gutter along the edge of the roadway.
Next we looked at another request that Mr. Hetzner made. He
asked for, perhaps, a noise or perimeter wall. In Collier County we
follow the standard of the Florida Department of Transportation and
the federal standards when we look at abating noise. Chapter 23, part
772 of the code, the federal code for procedures for abatement of
highway traffic noise and construction noise, we also follow the
National Environment Policy Act of 1969 and, according to the FDOT,
March 13, 2018
Page 26
Chapter 32, Plans Preparation Manual, Volume I, perimeter walls are
not designed for vehicle impacts.
So, in conclusion -- in conclusion, what we did is we posted or
installed chevron signs along the curve in this area of roadway and
posted an advisory speed of 35 miles an hour so we can bring driver
awareness to the fact that they're entering a change in the roadway
alignment. But, again, just to repeat, none of the crashes that occurred
between 2012 and 2017 were as a result of the roadway alignment or
any roadway features.
Any questions?
COMMISSIONER FIALA: I have some questions.
CHAIRMAN SOLIS: Yes.
COMMISSIONER FIALA: Thank you, Marlene.
I realize what all the figures say, and I can tell you a good story.
But just taking a step aside and using a little bit of Donna Fiala
common sense -- I don't know that anybody else would agree with me
-- but this road has changed a lot over the years because it used to just
be a two-lane road and now it's I don't know how many lanes across
there right now.
And but -- in that area, as you well know, there's a lot of walkers
and a lot of bicyclists. I'm wondering, as we look at all of this, what
can we do to assist -- this is low-income housing right there, too, so I
don't think they have much money that we can, you know, perform an
MSTU for.
Is there something rather inexpensive but effective that we could
do to help, like planting bushes or something, that might just be like a
little protection wall or something? Maybe not expensive, but at least
to give them a little added protection there. Is that something we can
do?
MS. MESSAM: Planting, Commissioner, as you can see from
the very last slide that you're looking at there, there are plenty of
March 13, 2018
Page 27
landscaping already there. And also what Mr. Hetzner's concern is is
to prevent errant vehicles from leaving the roadway and coming onto
the Biscayne Condominium properties.
Bushes would not be effective in stopping an errant vehicle from
-- you know, it will slow it down some, but it certainly won't prevent a
car.
The slopes that we found in the area, actually, they do meet the
requirements for recovery, vehicle to recover. Just so you know, the
accidents -- two of the accidents that caused damage to the existing
fence line, one was caused when the driver tried to avoid an animal
that was crossing the roadway, and he left the roadway and crashed
into the property. The second one was caused when a driver fell asleep
and lost control of his vehicle and so left the roadway.
So in terms of -- I understand what you're saying, and I'm very
empathetic to Mr. Hetzner's concerns, but in terms of spending public
funds for a situation that really is not an engineering solution -- if the
condo would like to plant trees or put a wall up, they only have to
apply to our Development Services for the proper permit to do
anything that they so desire on their property. But from a public
standpoint, I don't know that there is anything we can do. We can
always certainly go back and, you know, think some other ways.
COMMISSIONER FIALA: My last question. If it were you now
and you didn't want to spend, you know, any public funds, is there
something that you can suggest to these people that they can do to
somehow protect them somewhat? I don't even know what to say
other than bushes.
MS. MESSAM: Well, again, bushes is only an aesthetic
separation of the property from the roadway, but I don't think bushes
are going to be effective in mitigating any type of vehicle from not
coming onto the property.
If my colleagues have any suggestions, they're right here, I'd
March 13, 2018
Page 28
welcome.
MR. AHMAD: Good morning, Commissioner. For the record,
Jay Ahmad.
We have suggested that they can install a wall if they choose to
on their property. They could also install those trees that may help but,
certainly, the landscaping along the roadway side, as you can see, is
quite extensive. So I'm not sure if more landscaping is the answer.
Perhaps they can do stuff on their property like a wall or, you know, or
trees.
COMMISSIONER FIALA: Okay. I was just looking for a
solution.
MS. MESSAM: Thank you, ma'am.
Any further questions, Commissioners?
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: You can see that -- from this
curve you can see the marks of probably fenders and the scraping. So
do we have a dangerous curve sign ahead of that and to slow down?
And can we put a dangerous curve sign there with some kind of light
to attract people?
MS. MESSAM: I wouldn't suggest putting a dangerous curve
sign. We have not found the curve to be dangerous.
COMMISSIONER TAYLOR: It's the drivers?
MS. MESSAM: Obviously, people aren't paying attention
sometimes to the way they drive, and that is the reason for the chevron
signs that we've posted and lowered the speed to 35 miles an hour to
give driver -- to let them know, you are entering a change in the lateral
feature of the roadway.
COMMISSIONER TAYLOR: All right. Thank you.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Well -- and on that note, we
posted an advisory speed of 35, and we all know speed kills, and it's
March 13, 2018
Page 29
the way for us to control traffic the best. Is there a thought process of
even further reducing it, or what's the difference between a posted
advisory speed and the speed?
MS. MESSAM: So the roadways are designed for a certain
speed. The design speed of the roadway --
COMMISSIONER McDANIEL: Right.
MS. MESSAM: -- is taken into consideration when we do
construct the roadway.
What we have here, Commissioner, is an enforcement problem,
not an engineering problem. Okay. We have asked people from time
to time when they call in, people who are making excessive speed on
our roadways, to call the Sheriff's Office, and the Sheriff's Office has
worked with us over the years but, of course, they can't be everywhere
all at once. So we keep educating people by placing signs, lowering
speed limits, but I'm not sure what else we can do.
COMMISSIONER McDANIEL: So did you answer my
question?
MS. MESSAM: I don't know. Did I?
COMMISSIONER McDANIEL: What's the difference between
a posted speed limit change and an advised speed limit change?
MS. MESSAM: There is really no difference, really.
COMMISSIONER McDANIEL: Okay. I saw that it was posted
advisory speed, and I --
MS. MESSAM: Still it's enforceable.
COMMISSIONER McDANIEL: Okay. All right.
COMMISSIONER FIALA: One last question, if I may.
Being that these are rental apartments, they can't really form any
kind of a whatever it is to get the money together. Can they somehow
petition the owner of the property to do that?
MS. MESSAM: That is something they can do, yes. Yes, they
can do that.
March 13, 2018
Page 30
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: I think we, at this point, should
accept the report and move on. I don't think there's really anything we
can do in terms of expending public money for this.
CHAIRMAN SOLIS: Is that a motion?
COMMISSIONER SAUNDERS: I would make that motion.
CHAIRMAN SOLIS: Okay.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries. Thank you.
MS. MESSAM: Thank you, sir. Board, thank you.
Item #11B
DIRECT THE COUNTY ATTORNEY TO ADVERTISE AN
AMENDMENT TO COLLIER COUNTY ORDINANCE NO. 96-84,
AS AMENDED, KNOWN AS THE RADIO ROAD
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT
(MSTU), TO AMEND THE BOUNDARIES AND INCORPORATE
PROVISIONS TO IMPROVE THE LOOK AND USABILITY OF
THE PUBLIC AREAS WITHIN THE MSTU BOUNDARIES -
MOTION TO CONTINUE INDEFINITELY UNTIL PUBLIC
INPUT IS REACHED – APPROVED
March 13, 2018
Page 31
MR. OCHS: Item 11B is a recommendation to direct the County
Attorney to advertise an amendment to County Ordinance 96-84, that
is the Radio Road Beautification Municipal Service Taxing Unit
Ordinance, in order to amend the boundaries and incorporate
provisions to improve the look and usability of the public areas within
the boundaries.
Ms. Michelle Arnold, your Public Transit and Neighborhood
Enhancement Division Director, will present.
MS. ARNOLD: Good morning, Commissioners. Michelle
Arnold, for the record.
I'm here to request that the Board consider a proposal to amend
the Radio Road MSTU ordinance. We do this in two steps. We ask
permission first, and then if you are inclined to do so, then we move
forward bringing that back to the Board.
The proposal is being done in response to requests from the
advisory committee and also in response to some public inquiry that
was forwarded to you all as commissioners.
There was some inquiry about the MSTU history and purpose,
and we've tried to address those questions in this proposed amendment.
One of the requests was to question whether or not we were able
to make modifications to the right-of-way and whether the purpose of
the MSTU was limited to just medians, and the actual ordinance is
being amended to clarify that the MSTU has the ability to make
modifications anywhere within the public right-of-way, and that would
be consisting of the roadway on Radio Road between Airport and
Santa Barbara as well as along Devonshire.
The purpose is also being amended to include a number of other
things that are similarly done by other MSTUs within the county so
that we can avoid having to come back multiple times every time a
citizen makes an inquiry about the ability to do some improvements
March 13, 2018
Page 32
along the roadway.
One of the inquires that came in by the citizen was some traffic
calming along Radio Road. Marlene Sherman is the citizen that's been
making the inquiries, and she'd inquired about traffic-calming
measures on Radio Road, and because the ordinance doesn't provide
for that, we weren't able to provide any of those measures. So that's
one of the examples that's being included in this proposal.
Other things like street-lighting and sidewalks and those types of
things are being considered as an amendment to this particular
ordinance.
The other thing that's being included is improvements along Rich
King Greenway. The ordinance was previously amended to provide
for improvements at the entrance of the greenway and the committee
has been having conversations with our Parks and Rec Department
about potential improvements along the greenway itself which would
consist of beautifications or exercise stations and that type of thing.
The boundary change that's being recommended is to include the
entire Greenway. Currently half of the greenway is in the MSTU. The
eastern half is not. And so we would be incorporating, I believe, four
parcels that would encompass county-owned property that consists of
the greenway.
And that's the extent of the proposal before you. If you have any
questions, I'm here to answer them.
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: Well, first maybe --
CHAIRMAN SOLIS: Oh, actually, we have some speakers. I'm
sorry. How many speakers do we have?
MR. SHEFFIELD: We have four.
CHAIRMAN SOLIS: Shall we hear the speakers first?
COMMISSIONER FIALA: Sure. And then maybe Burt
Saunders.
March 13, 2018
Page 33
MR. SHEFFIELD: Your first speaker is Marlene Sherman, and
she's been ceded additional time from Wayne Sherman. Wayne, raise
your hand, please, and Rebecca Parotore, for a total of nine minutes.
MS. SHERMAN: Good morning. For the record, my name is
Marlene Sherman. I live in Countryside. I've been concerned with
matters going on outside our gates for a long time and, yes, I have been
having meetings with the advisory board for the MSTU.
I do correct the statement made that I talked about traffic on
Radio Road. I do not remember that, making any requests on that.
Okay. I'm here this morning to recommend to you that we sunset
the Radio Road MSTU, which is Ordinance 96-84; 22 years later we
still stand here with ordinances being thrown at us every time we turn
around amending this document that was originally brought before you
as an emergency ordinance for the purpose of only landscaping the
medians along Radio Road.
So -- and that has been accomplished; been finished a long time
ago. And the maintenance for that -- for the Radio Road section has
been transferred to the district for greater Collier County
unincorporated areas, okay.
Okay. I believe that the Board has acted in very good faith when
they approved two previous add-on ordinances. One in 2002, that was
2002-59, and the other one was 2013-43. Okay. You acted in good
faith because you were not provided additional information. It was
unknown to you at the time. Okay.
What the Board was not informed with that -- that these
amendments to these things were not advertised, no neighborhood
information meeting was held, and the 6,506 supporting properties
were not directly notified as was done with the original ordinance in
96-84 followed up by Resolution 97-184, okay, where they were asked
if they actually supported this. So we were not asked that.
Additionally, the three largest community bodies within this
March 13, 2018
Page 34
MSTU, the governing bodies of these communities, which were
Countryside, Foxfire, Glen Eagle -- was Embassy Woods, now Glen
Eagle, okay, were never asked to have representation, volunteer
representation on an advisory board.
The advisory -- the MSTU advisory board was not even noted in
the original ordinance that the advisory board should be established,
okay. Okay. And I believe that the criteria that the county used was
flawed, okay.
The advisory -- the only criteria was five-member board and that
they be volunteers living within the borders. We have four major
communities there that should have been -- each one should have had a
representative appointed by their governing boards, okay.
Ordinance 96-84, of course, it's ready to be sunset, no longer --
been completed. Maintenance is being handled by another -- by the
MSTD, another fund, okay, which we pay taxes for, by the way,
because we live in that area, okay.
Ordinance 2003, work's been completed. That was Devonshire.
The work's been completed, and the 2002 ordinance also added three
little very powerful words, "right-of-way." Okay. And to that extent,
who got the benefit of that? Berkshire Lakes and the Publix shopping
center both got lush landscaping put on there -- right up against their
borders. That's the only thing that that had been used for until 2017.
Now the MSTU advisory board is using that right-of-way to
rebuild 17 bus shelters, which already exist, to make them ADA
compliant. I ask, you know, what is going to be happening to the rest
of the bus shelters within Collier County? Why is this little MSTU
being taxed to redo bus shelters that already exist to make them ADA
compliant? Okay.
Okay. Ordinance 2013-43 -- and, of course, I've told you that
these ordinances were never advertised and never supported by the
majority of the community -- asked that they landscape the entrance to
March 13, 2018
Page 35
the Rich King Memorial Greenway, which is a bike path, and it also
serves as an FP&L easement area. I think this is highly frivolous, and
it should be sunset. Okay.
So a lot of questions are raised here. For instance, who's the true
beneficiary if the MST (sic) passes this additional ordinance and
redefines boundaries that were set 22 years ago? Well, we have not
asked support of that. So the only beneficiary is the MSTU advisory
board. They're looking for ways to spend their $1.2 million they have
remaining in their funds. They've completed Devonshire medians,
they've completed Radio Road medians, and they're looking for ways
to spend that money. That money could be better served by
transferring to the MSTD for greater Collier County landscaping
issues, which they already take care of Radio Road anyway.
And I would recommend that you direct the county to ask the
MSTD to handle the maintenance for Devonshire Boulevard. If that
was done, then the 2002 ordinance could be sunset, would be ready for
sunsetting. Okay.
Okay. Let's see. My eyes are not too good. Okay. This is -- I
want to make sure I make this point. Okay. The advisory board has
designs on landscaping the Rich King Memorial Greenway on Radio
Road to Davis Boulevard and beyond, okay, if you read what is being
-- what is going to be proposed on this changing the borders.
Half of the desired Rich King Memorial Parkway from -- okay.
Half of the desired area for landscaping projects is now within the
established borders of the 22-year-old ordinance. Next, the MSTU
advisory board has designs on asking Radio Road to probably provide
a traffic light, I would think with MSTU funds, for Davis Boulevard,
because that greenway extends down about three miles and does cross
Davis Boulevard, okay.
Okay. And this -- the borders, the MSTU should -- nothing
should go beyond the Davis Boulevard. I firmly agree -- support that.
March 13, 2018
Page 36
One of the SME's (sic) current projects, I told you, is rebuilding the 17
bus stops. I would like to know who will fund all of the other shelters
in Collier County to bring them into compliance with the ADA new
federal requirement that all of them now be ADA compliant. I assume
the county will be seeking grants from federal and state government to
take care of this.
And why should the MSTU funds be used to enlarge public
areas? How many MSTUs whose purpose was designated for median
landscaping is now being asked to fund landscaping for public areas?
I recommend the Board sunset Ordinance 96-84, Ordinance
2002-59, Ordinance 2013-43, and not approve Recommendation 11B.
Thank you.
CHAIRMAN SOLIS: Thank you. I believe Commissioner Fiala
was first.
COMMISSIONER FIALA: Okay.
COMMISSIONER McDANIEL: There's more people.
CHAIRMAN SOLIS: I'm sorry. There was one more?
MR. SHEFFIELD: Your last speaker is Roy Anderson.
CHAIRMAN SOLIS: I apologize.
MR. ANDERSON: Good morning, Commissioners. I'm Roy
Anderson. I'm a resident of Countryside, and I'm here in my capacity
as Chairman of the External Community Relations Committee which
is basically formed to keep track of things going on outside the gates of
Countryside.
So, essentially, I just wanted to report to you that its regular
meeting of February 15th of this year, the Master Board of
Countryside was not in favor of extending the boundaries of the
MSTU. In fact, they unanimously approved a motion to sunset the
Radio Road MSTU given, you know, that the original work called for,
the original scope of work has been completed, and Devonshire is the
only maintenance project left, and that can be transferred to the district,
March 13, 2018
Page 37
as Marlene had mentioned.
Even though it's a -- it's a collector road and not an arterial, it still
has a tremendous community benefit for a pass-through, and it's
certainly an asset to the area. The lanes have just been expanded. The
turning lanes have been added.
So believe that -- we're totally behind -- the club of Countryside is
totally behind all the recommendations that -- the recommendations
that Marlene has made.
Thank you very much.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. First of all, I was wondering --
and he kind of answered that for me, and that is, had the MSTU board
-- I'm sorry. I'm not feeling too, too hot today, so don't mind me.
Did they actually vote on all of these things to approve these
things that were in this request?
MS. ARNOLD: Yes, they did. The MSTU advisory committee
did.
COMMISSIONER FIALA: Even though they voted to sunset it?
MS. ARNOLD: They did not vote to sunset the Radio Road
MSTU. They did not.
COMMISSIONER McDANIEL: There's two --
COMMISSIONER FIALA: Two of them?
COMMISSIONER McDANIEL: No. There's two opinions. The
MSTU board voted to accept staff recommendation. The folks over at
Countryside are a part of the MSTU but a different voting
organization.
COMMISSIONER FIALA: Oh, I see. Okay.
The second question is, I notice that they wanted to get the burial
of the power lines. You know, it really, really looks good when you
bury the power lines, but I remember all the things that Vanderbilt had
to go through --
March 13, 2018
Page 38
CHAIRMAN SOLIS: Still going through.
COMMISSIONER FIALA: -- and the huge cost that was
involved in burying those lines. And I was wondering -- it doesn't say
anything here about how much that would cost the people in the
MSTU and how long they would have to pay for it. There's no cost
here.
MS. ARNOLD: Yeah. There is -- there is no plans to do power
line burial, but what this ordinance is allowing for is if there is a desire
to do it, they would be able to do that. If the Board thinks that that
should not be a purpose for this particular MSTU, then you should
request that we strike that portion of it.
What this is allowing for is if there's a desire to do it within the
community, then they could do it. They would have to go through a
planning process to identify the costs associated with it and those types
of things if it was to move forward. The advisory committee is making
a couple different efforts to solicit input from the community which
they serve.
You know, Mrs. Sherman mentioned that the ordinance is flawed
because we don't have representation from the larger communities. All
of our advisory committees solicit applications from everybody within
the MSTU. The governing ordinance for all advisory committees does
not say that it has to come from a particular community, but if that
community is interested, they're welcome to apply for and submit an
application to participate on the advisory committee.
I know that I have personally asked the Shermans to serve, but
there's no interest there in serving. They do attend the meetings, but
they have not wanted to represent their particular community. I mean,
it's a voluntary thing.
If the Board wants to, they can require that larger communities
have representation, but the way the ordinance is currently -- your
overall governing advisory committee ordinance, it does not have that
March 13, 2018
Page 39
requirement. It just expects those that are in the district to submit if
they have an interest.
In terms of -- I think Mrs. Sherman mentioned some ADA
improvements. The committee had made recommendation to make
some modifications along Radio Road. Those, I believe, were
forwarded to the County Attorney's Office to determine whether or not
they could do that. Because the ordinance is vague in terms of
sidewalk improvements, they did not pursue that particular project, but
they have been discussing it.
The committee is making -- as I mentioned before, making efforts
to reach out through surveys to find out what the interest of the
community is. They're also scheduling a community-wide meeting on I
believe it's the 27th of this month that we're reaching out to the
community to get input from the community to find out what various
interests or improvements they're interested in doing.
COMMISSIONER FIALA: Which community?
MS. ARNOLD: All of the residents within the Radio Road
MSTU.
COMMISSIONER FIALA: MSTU communities?
MS. ARNOLD: Yes.
COMMISSIONER FIALA: Okay. Last question. And I haven't
talked to anybody. I'm just asking these. They're kind of like
common-sense questions.
MS. ARNOLD: Sure.
COMMISSIONER FIALA: And the last one is, we heard that
one community wanted to sunset their part of the MSTU. Can that be
done? Can each -- you know, or any communities sunset their section
of it?
MS. ARNOLD: Well, the issue is is that you've got an ordinance
that was created or an MSTU that was created to do improvements
along Radio Road and Devonshire. Ms. Sherman is correct that the
March 13, 2018
Page 40
maintenance of the Radio Road portion is being done by the MSTD or
the Growth Management Section; however, Devonshire does not meet
the countywide requirements with regard to their master plan
beautification.
So this MSTU is going to continually be responsible for the
maintenance of Devonshire, which is a part of their responsibility.
Similar to Lely, for example, there are several roadways in Lely
that they improve and they maintain. They will continue to maintain
those roadways because they don't meet the overall county's criteria for
your master plan.
Golden Gate is another MSTU. There are several that you-all
have that fall under the same scenario.
Also, if the Radio Road MSTU chooses to help the refurbishment
along Radio Road for beautification, they can do that as well.
MR. OCHS: Ma'am, to answer your question, I don't believe you
can carve out a section of an MSTU unless you modify the boundaries
and amend the boundaries.
MS. ARNOLD: But they would continue to be benefiting from
this MSTU and not paying into it if you were to carve that community
out.
CHAIRMAN SOLIS: Anything else?
COMMISSIONER FIALA: No. I didn't hear the answer to how
much it would cost to bury the power lines.
CHAIRMAN SOLIS: They haven't gotten that far.
MS. ARNOLD: Oh, we haven't done that yet.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: So what I'm gleaning from this is
that there was a -- there is a desire to or an identified need to improve
the southern end of the Ricky King Pathway, which my understanding,
there are a lot of folks that use that.
MS. ARNOLD: Uh-huh.
March 13, 2018
Page 41
COMMISSIONER TAYLOR: And from that point on, the
thought was if we're going to change this ordinance to do this and
bring it before us and if we're going -- if this is an agreement of the
advisory board, then we should probably put a lot more things in there
so we don't have to do this every time. Was that the rationale?
MS. ARNOLD: That's correct.
COMMISSIONER TAYLOR: Okay. So then we have pushback
from neighbors who feel that they were caught unawares by this. They
don't feel like they've had buy-ins. Not the Shermans, but certainly
Countryside and the Master Association feels -- I may be putting
words in their mouth -- but they feel like they haven't gotten buy-ins,
which is not your responsibility. It's the responsibility of the advisory
board.
So if we -- so I guess my question is, was the process followed to
inform the neighboring associations of these changes, in your opinion?
MS. ARNOLD: This is the process that we're going through
now.
COMMISSIONER TAYLOR: Well -- but what -- this is part of
the process, but doesn't it start on the grassroots level? Doesn't some
kind of awareness go out throughout the whole community, all these
communities? Is there an identified process by which there's an
outreach into each of the neighborhoods so that we -- if someone
chooses not to respond to something, that's one thing, but if they're not
informed, that's a whole other thing, which is not our responsibility. I
would think it would be the advisory board responsibility.
MS. ARNOLD: The way the process is set up is we look to the
advisory boards as well as community participation at the meetings
that we hold monthly to, you know, get the word out to their respective
communities. You know, the desire it to have more participation at
our monthly meetings so that people are informed.
We also try to reach out to, you know, some communities that
March 13, 2018
Page 42
have newsletters so that they, you know, put information in their
newsletters for us. And as I mentioned before, we also are trying to
reach out to the communities for surveys. The difficult part with the
surveys is, you know, we don't have the email addresses or whatever
for every person within the community. But we do try to do different
efforts to try to reach out to the various communities. And that's the
only process that we have to get their input.
I mean, we have representatives from Countryside that came in
and inquired, and we talked to them about the process, and they made a
decision as a community to come to you-all and express their desire.
That's a part of the process.
COMMISSIONER TAYLOR: Okay. I heard the word "sunset"
more than once. I'm not sure on this right now, but what I am sure is,
is that we need a better outreach into the community. And, again, I'm
not putting this on your shoulders. To me, when you're on an advisory
board, it's incumbent of going to everyone to talk to them.
If we cannot carve out Countryside, is it too cumbersome to go to
some kind of ballot throughout the area to see, number one, whether
they want the MSTU to continue in these areas? Understanding that --
and I don't quite understand where the funding would come from. If
the MSTU was to sunset, that is your taxing part of the whole picture.
Where would the funds come to maintain Devonshire, which has been
acknowledged as an important amenity to the entire area? Where
would that come from?
MS. ARNOLD: You-all would -- someone would have to
identify a funding source for it. Currently, the funding source for
maintaining it is the MSTU, and that's the way it's been developed.
And as I mentioned before, that's how -- your other MSTUs are
developed the same way.
COMMISSIONER TAYLOR: Okay. Do we have any idea of
how many folks use the pathway? Any idea?
March 13, 2018
Page 43
MS. ARNOLD: I don't know but, I mean, I could get some
information from Parks and Rec maybe. I mean, not today, but maybe
I can give you some information.
COMMISSIONER TAYLOR: Yeah. And then are we -- I
understand there is not the greatest parking at that end, so folks who
are driving to -- wanting to have this walk, it's difficult to park. Is there
any plans to create any kind of parking there? And, again, I have not
walked it. This is just word of mouth.
MS. ARNOLD: I think -- I haven't heard anything about that. I
think the intent of that greenway is to be more of a passive -- and for
the community --
COMMISSIONER TAYLOR: For the community.
MS. ARNOLD: -- neighboring community. Folks can walk
there, they can ride their bikes there, and that's the intent of use of that.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I share Commissioner
Taylor and Commissioner Fiala's concerns with regard to the public
outreach side. If I'm not mistaken, Michelle, did I hear you say there's
6,000-plus residents that are a part of this MSTU, or did Ms. Sherman
--
MS. ARNOLD: I believe Ms. Sherman.
COMMISSIONER McDANIEL: Is that a correct number?
MS. ARNOLD: That sounds about accurate.
COMMISSIONER McDANIEL: Okay. I have seen in the past
where public outreach hasn't been as --
COMMISSIONER TAYLOR: Robust.
COMMISSIONER McDANIEL: -- robust. That's a nice way to
say that -- as what it possibly could be. I also think I heard either Ms.
Sherman or you say that there hasn't been, other than this -- the
beginning of this process, any public meetings held so far with regard
March 13, 2018
Page 44
to this other than the one -- or the meeting where the MSTU board
voted to accept the proposal that's before us.
MS. ARNOLD: All the meetings are public.
COMMISSIONER McDANIEL: I understand that.
MS. ARNOLD: And we meet monthly. And there is a -- what I
mentioned is that we have a public -- an overall public meeting
scheduled for the 27th of this month.
But outside of that, I know that -- because I haven't been the
director for the division the entire extent of the existence of this
MSTU. I know that we've had a couple at-large meetings in my
tenure.
COMMISSIONER McDANIEL: I'm just -- I've got the concern
that there -- we're taking action in advance of additional public input
and outreach, and I would highly recommend -- I also know that it's
expensive, but there is a thing called the U.S. Postal Service. We don't
have to have people's emails and phone numbers and the like. We've
got their addresses. It's all there in a simple postcard notifying the
folks that there's a change coming about. We're adjusting the
boundaries of this MSTU as a portion of this, if I'm not mistaken.
MS. ARNOLD: Yeah. It consists of this small -- the greenway,
and it's four parcels owned by the county.
COMMISSIONER McDANIEL: Okay. That's the only
adjustment --
MS. ARNOLD: That's the only adjustment.
COMMISSIONER McDANIEL: -- to the boundary? Okay.
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: I don't really have a whole lot
to add. I want to listen to what the other commissioners have to say, if
there's anything else.
COMMISSIONER FIALA: Before anybody makes a motion,
can I ask, how many people come to those meetings? That's my only
March 13, 2018
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question.
MS. ARNOLD: Not a lot of people come to the meetings.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: Is there a problem if we -- and it
seems like we're kicking the can down the road, and I don't intend to,
but if we wait for a community meeting? I have a sense that --
MS. ARNOLD: Sure. We can do that.
COMMISSIONER TAYLOR: -- the awareness is probably
elevated. And, you know, if I have the time, I'm planning on attending
that community meeting. But for me it would be very helpful. There's
two sides to this coin, and I can see the advantages and disadvantages.
But I think a presentation of what we're funding, what would be lost if
we couldn't fund this, I think it would be very, very helpful.
MS. ARNOLD: Sure.
CHAIRMAN SOLIS: I've got a couple of questions, and let me
start at the beginning.
So to create an MSTU -- as briefly as possible, what is the process
to create an MSTU?
MS. ARNOLD: You-all, as a body, can create an MSTU, or
there is a petition process --
CHAIRMAN SOLIS: Right.
MS. ARNOLD: -- that requests favorable petitions from 50
percent plus one of the population.
CHAIRMAN SOLIS: And how is this one created? Was it by
petition, or was it just created by the County Commission? I don't
recall.
MS. ARNOLD: I don't know. Was it petition?
MS. KINZEL: (Nods head.)
MS. ARNOLD: She was one of the founding people on it;
Crystal.
COMMISSIONER TAYLOR: You were the founding, that's
March 13, 2018
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right.
MS. KINZEL: Way back when I was on the committee when it
started.
CHAIRMAN SOLIS: Okay. Well, great. So this was a petition
process.
So there was residents there petitioned --
MS. ARNOLD: They're shaking their heads no, that it wasn't,
and I can find out that answer but --
CHAIRMAN SOLIS: It's really -- my question is really not that
-- it's not so much about what's the change in the boundary right now.
What troubles me is that the purpose of it is changing. And if it was
created for a specific purpose by a petition, then the residents in there
wanted a certain MSTU to do certain things. And then if that's -- the
purpose of it's going to change.
And I know we've done this in the past, and I think that I may
have raised the same issue. But it just concerns me that then the
purpose of it can be completely changed based upon a vote of just the
four board members and not some other petition process, because that's
what's happening here, right? The MSTU board is --
MR. KLATZKOW: The MSTU board is recommending a
change --
CHAIRMAN SOLIS: Right.
MR. KLATZKOW: -- but you're the governing body of the
MSTU, and you're the ones who ultimately amend the ordinance.
CHAIRMAN SOLIS: But there hasn't been a petition process for
that. It's just coming from -- I guess that's what my issue is. I mean,
I'm -- likewise, I think the boundary is not much of a change because
it's just including these four county pieces, but the fundamental
changes into what it does, yeah, it's troubling to me that there hasn't
been more outreach. I think we should --
COMMISSIONER McDANIEL: Do you want to make that as a
March 13, 2018
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motion?
CHAIRMAN SOLIS: Yeah. I would make a motion to continue
this item. Would that present issues of any kind that we need to be
aware of?
MS. ARNOLD: No.
COMMISSIONER TAYLOR: I'll second that.
COMMISSIONER McDANIEL: Third.
CHAIRMAN SOLIS: Okay. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
MS. ARNOLD: Just a clarification. Continue so that you would
get more public input?
CHAIRMAN SOLIS: Yeah. And, I mean, what is the plan right
now for public input?
MS. ARNOLD: Well, there is, as I mentioned, a meeting
scheduled on the 27th --
CHAIRMAN SOLIS: Okay.
MS. ARNOLD: -- to get more public input.
COMMISSIONER TAYLOR: And, you know, perhaps one of
the questions at that public input would be to ask whether there would
be support to issue another petition with the newer verbiage in the
ordinance, perhaps. I'm not sure. I mean, this is the neighborhood.
The neighborhoods are going to have to make those decisions, but --
COMMISSIONER McDANIEL: We're all aware. I mean, I have
an MSTU in District 5 in Immokalee as well, and it's difficult to get
people's attention on a regular basis. And so making sweeping
changes like this with, from what I've been able to understand, as
Commissioner Solis said, not as much -- not as robust as the public
March 13, 2018
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outreaches could have been accomplished is, I think, a good way for us
to go.
COMMISSIONER TAYLOR: All right.
MS. ARNOLD: All right. Thank you.
CHAIRMAN SOLIS: So we'll continue it to the meeting
following the 27th meeting?
MR. OCHS: Well, let's continue indefinitely until I'm satisfied
that there's sufficient outreach made. Fair enough?
CHAIRMAN SOLIS: Okay.
COMMISSIONER TAYLOR: Good. Thank you.
MR. OCHS: Could we get a motion and --
CHAIRMAN SOLIS: There was a motion. All in favor, say aye.
COMMISSIONER McDANIEL: We did. We voted on it.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: We voted on it.
CHAIRMAN SOLIS: We voted again.
COMMISSIONER McDANIEL: She was asking for clarification
on it.
COMMISSIONER TAYLOR: But we didn't use the word
"indefinitely." Is that important in this?
MR. OCHS: No, I have your intent.
CHAIRMAN SOLIS: And I don't think there was anyone
opposed, right? No one opposed.
MR. OCHS: Mr. Chairman, I'm sorry. It's time for your court
reporter break, and then we have our time-certain, 10C.
COMMISSIONER McDANIEL: And I set that up for 10 o'clock,
just so you know. I had everything on track, but it's 10:30 now. It was
supposed to be time certain at 10:00, just so you know.
CHAIRMAN SOLIS: Oh, okay. I'm sorry.
MR. OCHS: How long is the break, sir? Ten minutes?
CHAIRMAN SOLIS: Yes, sir. Ten minutes.
March 13, 2018
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(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, if you'd please take your
seats. Thank you very much.
Mr. Chairman, you have a live mike.
Item #11C
STAFF TO INITIATE THE INVITATION TO NEGOTIATE (ITN)
PROCESS FOR TWO (2) COUNTY-OWNED PROPERTIES
PREVIOUSLY IDENTIFIED AS SUITABLE FOR THE
DEVELOPMENT OF HOUSING THAT IS AFFORDABLE IN
ACCORDANCE WITH THE COMMUNITY HOUSING PLAN -
MOTION TO CONTINUE UNTIL STAFF CAN FINALIZE
POLICY AND OUTREACH TO THE COMMUNITY –
APPROVED
MR. OCHS: And this takes us to Item 11C, which was your 10
a.m. time-certain item this morning.
This is a recommendation to authorize the staff to initiate an
invitation and negotiate process for two county-owned properties that
were previously identified by this board as suitable for the
development of housing that is affordable in accordance with your
accepted Community Housing Plan, and Mr. Cormac Giblin, your
Manager of Grants and Housing Development in our Community and
Communities Services Division, will begin the presentation.
MR. GIBLIN: Good morning, Commissioners. Again, for the
record, my name's Cormac Giblin, your Housing and Development
Manager. And today I have a few slides to go through, an update on
the responses that we received from the request for information
process on these two properties.
Just for a refresher, the purpose of the request for information was
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to collect information and input from the marketplace, to gauge
community interest and potential, and the parameters that we gave to
the public were housing that is affordable for all income ranges in
Collier County, rental or homeownership.
We received 10 responses from potential people who are
interested in developing on either of these properties, and they had
some consistencies. They met with your requirements that they be
affordable up to 140 percent of median income. Many of them asked
that the land be given to the project unencumbered or use a long-term
99-year lease.
Overwhelmingly, they requested relief from impact fees. They
suggested several funding mechanisms, including 4 percent or 9
percent tax credits, bonds, grants, General Fund dollars, and they --
each of them also requested utilizing the affordable housing bonus
program for both sites.
The 10 respondents are listed on this slide down the left and, in
addition, they each gave varying ranges of specific detail on what they
would envision on each site, ranging from 29 units on the Bembridge
site up to nearly 800 units on the Manatee site.
For your reference, this is where the two properties are located.
The Bembridge PUD off of Santa Barbara. The Manatee site is down
off Tamiami Trail East.
The Bembridge PUD is 5.11 acres. It's adjacent to the EMS
station on Santa Barbara. It fronts Calusa Park Elementary. It can be
developed at up to 16 units per acre with a density bonus. New Hopes
Ministries is nearby. They were recently approved at 16 units to the
acre for 304 units on their 19 acres. And just -- in May 2008, an RFP
was issued by this board for similar proposals on this site that the
Board declined to moved forward on at that time.
The Manatee site is nearly 60 acres. It's behind Manatee
Elementary and Manatee Middle schools. Collier County Public
March 13, 2018
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Schools also owns an adjacent 30 acres to this site. There is a
potential, due to the size of the site, for carving out sections for
housing and other public uses on the site.
The Bembridge site was purchased in 2002 for $477,000.
410,000 of that was EMS impact fees which would need to be paid
back to the Impact Fee Trust Funds. We had an appraisal done a
couple weeks ago, and it is now appraised at $774,000.
The Manatee site was acquired by the county in 1973. The price
was unknown. The documents are so old they're illegible, and the
meeting records from that meeting are not able to be located. But we
did get an appraisal done on that site last month as well, and it came in
at just over $3 million.
Our recommendation is to move forward with an invitation to
negotiate on both sites. Some common criteria of the invitation to
negotiate would be the development elements, financial information,
what the proposal has to do with the land disposition, and the
developer's experience and timeline and commitment. And then we
further have specific recommendations for each site.
On the Bembridge site we would recommend that we look for
proposals that are between 30 and 75 units, that they focus on rental,
that they do a significant portion of senior housing with one- or
two-bedroom mix; another portion of mixed income, low income, and
moderate income rental housing for two- to three-bedrooms; and then
10 percent set aside for special-needs populations.
The Manatee site specific recommendation we recommend is that
it be ranged between 250 and 750 units, 40 percent of it be mixed
income rental units targeted to low and moderate income families with
one to three bedrooms; 30 percent be owner occupied for purchase
units targeted to moderate and gap buyers with two- to three-bedroom
unit mix; and that 30 percent of the site be set aside for elderly and
special populations, rentals, at one to two bedrooms. We also would
March 13, 2018
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seek inclusion of green space and park amenities to increase the
cohesive neighborhood atmosphere.
Commissioners, that brings us to the staff recommendation,
which is to direct staff to initiate an invitation to negotiate process,
which includes both the general and the specific criteria that I just laid
out.
And that is the end of our presentation.
CHAIRMAN SOLIS: Any questions before we get to the
speakers?
COMMISSIONER TAYLOR: Yeah. Yes, I'm sorry. I didn't
press my -- could you please define, by income and also by
occupation, what "low" is in Collier County measurements, please.
MR. GIBLIN: Low income, based on the recommended
definition that you moved forward at your last meeting, is 80 percent
of median income, which various by family size. So, for example, a
family of four at the 80 percent of median income level would be a
yearly income of $55,750 a year.
COMMISSIONER TAYLOR: And occupation?
MR. GIBLIN: Occupations would be -- we were looking at
something greater than a first-year schoolteacher, which starts around
$42,000 a year. You're looking -- would be looking at front-line
managerial positions possibly in that $55,000 per year, or a
combination of two folks both earning half that.
COMMISSIONER TAYLOR: Okay. And moderate, please.
MR. GIBLIN: Moderate income is up to 120 percent of median
income. Again, based on family size. And for four people, a typical
household of four, would be $83,640 a year.
COMMISSIONER TAYLOR: So one person could be 83-?
MR. GIBLIN: One person in moderate is 58,560 a year.
COMMISSIONER TAYLOR: And what is occupations? Could
you just briefly --
March 13, 2018
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MR. GIBLIN: Again, I think we're looking at some of the higher
seasoned managerial positions, household of $80,000, or two teachers
living together, or a Sheriff's Department -- or a sheriff's deputy and a
teacher living together.
COMMISSIONER TAYLOR: Okay, thank you. Beg your
pardon on that one.
CHAIRMAN SOLIS: Okay. Having no other questions --
COMMISSIONER McDANIEL: I did. I hit my button. Did it
not come on?
CHAIRMAN SOLIS: It's not on.
COMMISSIONER TAYLOR: It's not.
COMMISSIONER McDANIEL: I did.
CHAIRMAN SOLIS: Go ahead.
COMMISSIONER McDANIEL: I had a question with regard to
the Bembridge -- where you going -- the Bembridge -- Commissioner
Saunders, do you want to go first?
COMMISSIONER SAUNDERS: No. I do want to listen to all
of the speakers. My only concern is not tying the hands too greatly of
potential entities that would enter into negotiations.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER SAUNDERS: I think this is definitely
moving in the right direction.
COMMISSIONER McDANIEL: Sure.
My question was the -- I'm assuming that the Bembridge piece
was purchased with EMS impact fee money, and a portion of that
piece was used to build the EMS station to the south.
MR. OCHS: You're correct on the first statement. The second
statement, you also used EMS impact fees for that, but...
COMMISSIONER McDANIEL: Well, that was, yeah, for the
purchase of that land and the construction of that facility. And I'm
assuming the math with regard to the payback in the impact fees is
March 13, 2018
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correct on the percentages of size of land in the impact fee loans?
MR. OCHS: Yes, sir. I did want to mention on that score that
because you have made loans from the General Fund over the years to
the EMS impact fee far in excess of that amount of money, I would
suggest you just take a credit for that against that General Fund
support. And I don't think you have to transfer dollars back into the
EMS impact fee account from the General Fund because, frankly, the
EMS impact fee fund owes your General Fund.
COMMISSIONER McDANIEL: Well, sure. I just didn't see the
calculation. When I saw the site and saw that the EMS was to the
south -- and I knew we used impact fees for the purchase and
construction, I just -- I never saw the math with the equation of the
400-and-some-odd thousand that's owed back to the EMS impact fee.
MR. OCHS: Yeah. That was a straight land purchase for those
five acres.
COMMISSIONER McDANIEL: Okay. Including the EMS
store to the south?
MR. OCHS: I don't -- I don't know that.
COMMISSIONER McDANIEL: Maybe we can get -- I'd like to
see that information sometime just to --
MR. OCHS: Yeah. We'll get it right now for you.
COMMISSIONER McDANIEL: That was the only questions I
had.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: Just one. I'm sorry. One more
question. Special needs, will you define what special needs are,
please.
MR. GIBLIN: Special needs is defined in state statute. Off the
top of my head, it is people who are permanently disabled, seniors.
COMMISSIONER TAYLOR: So seniors will be considered --
MR. GIBLIN: Correct.
March 13, 2018
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COMMISSIONER TAYLOR: -- special needs.
MR. GIBLIN: Correct; elderly.
COMMISSIONER TAYLOR: Not all of you, for sure. Okay.
So -- but there would have to be a disabling part of that demographic,
is that correct, and then you have senior housing? Because you have --
on Bembridge you have senior housing and special-needs housing, and
I wondered how you differentiated that.
MR. GIBLIN: We would defer to the state statute. But there is a
specific definition of special needs, and it's typically disabled, and then
elderly housing is another definition.
COMMISSIONER TAYLOR: Okay. Thank you.
CHAIRMAN SOLIS: Okay. Public speakers.
MR. SHEFFIELD: There are 12 registered speakers. The first
speaker will be Pat Young, and she'll be followed by Elliot Miller.
MS. YOUNG: Good morning, Pat Young, 5074 Andros Drive.
We've just heard some talk about housing and disabilities and that
kind of thing, but I haven't heard anything about schools, and I'm here
to talk about schools. And I'd just like to start with a statement by
HUD. That's the federal Housing Urban and Development Division.
And this was in last week's Wall Street Journal. A ZIP code should
not determine a child's future. Many valuable -- many variables can
shape a child's outcome in life, like the ZIP code where a child grows
up. That's because not all neighborhoods have the same opportunities
and resources, such as quality schools. And then skip to the bottom.
You can play a vital role in your local community. So that's what I'm
here to do, hopefully.
I don't think they can be separated. In a large county like this
where you've got so many schools and so many low-income affordable
housing units have been built in East Naples, it is just not the right
thing to do. It's really the dark side of Collier County; the elephant in
the room.
March 13, 2018
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The latest literature has shown that the quality of a child's
education is very much a part of the type of school they go to and the
number of low-income people who are in the school. All the latest
research shows the more children are in one building all day long with
just low-income people, the less chances are they're going to do well
academically.
And I'm here to speak as an academic, because I taught in the
schools in the Washington D.C. suburbs over 30 years. I was also a
school counselor. And we had a school system just like this, very
large, with many different types of wealth levels. And I worked in a
school where we had -- some of our children were children of senators,
of Paul Wolfowitz, for example; his children went to our school, and
on back-to-school night, we would have Secret Service people there
for him. But other kids, their parents, we've sent a bus around so that
they could come to the school, and it worked beautifully.
Princeton University even did a study on how are you helping
these poor kids? How come we're winding up accepting them into our
Ivy League schools?
The other thing is the housing. I grew up in an intercity
neighborhood in Philadelphia and moved to D.C., and lived in a Pulte
home that was built in a community of -- was a smaller version of all
the other homes. It was not affordable. Our kids got to go to the best
schools, and we got to sell at market value.
So I think we need to keep all those things in mind as you make
the choices. I know you're not the school board, but you are deciding
where these children are going to be living and, therefore, where they
are going to school. Thank you.
(Applause.)
MR. SHEFFIELD: The next speaker is Elliot Miller, and Mr.
Miller had been ceded time by several people. So when I call your
name, please raise your hand. Joseph Vaccaro, Joseph Mayer,
March 13, 2018
Page 57
Shannon Benedetti, Richard Benedetti, Michael Buck. Mr. Miller will
receive a total of 18 minutes.
CHAIRMAN SOLIS: And maybe we can say who is next, and
they can be prepared to --
MR. SHEFFIELD: And the speaker following Mr. Miller will be
Bill Klug.
MR. MILLER: Thank you. Good morning.
I am the chairman of the Board of Supervisors of Community
Development District No. 2 in Fiddler's Creek.
Our property abuts, on the north, the Manatee property on its
south. And we are here because we are concerned about 750 housing
units overlooking our property.
I would add, by the way, that my colleague, Phil Brougham, who
is the chairman of CDD1 at Fiddler's, was going to be here today to
also oppose this recommendation but, unfortunately, he woke up
feeling very ill. His position is based on the park aspect of it; that this
has been a park for 45 years, and it's an inappropriate modification of
the use of that property to take it out of park status.
My position is a little more detailed and a little more specific.
But I want to show you why I believe seriously that this entire process
is flawed. First, let me say to Commissioner Taylor that under HUD's
definition, one is eligible for affordable housing if family income is
under 80 percent of the area's median income and that HUD has
designated the fiscal 2017 median income for Naples, Marco Island,
and Immokalee as $68,300, and 80 percent of that is 50,600. So in
answer to your question, that's the response from the point of view of
HUD.
We do not know if the county has considered as an alternative to
making a gift of this property free of cost and without any impact fees
to a developer, as an alternative, seeking a grant from HUD's Office of
Community Planning and Development, the Office of Affordable
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Housing Programs. That office administers the home investment
partnership programs which provides grants to local governments to
buy -- and I'm many emphasizing "buy" here -- or build affordable
housing.
I'm not addressing the location of the affordable housing for this
moment, but just pointing out that before we give -- before the county
gives away a lot of money, we should at least look into getting a grant
to buy property wherever it's going to be located. And if the county
has not considered this program before giving away the property to a
developer, we should know why.
Now I want to talk about where the property is located. I'm
particularly addressing the Manatee property. And what I'd like to do
is quote from three studies on site selection for affordable housing and
point out why this process is severely flawed.
The first is entitled "Site Selection Criteria and Search Studies by
CSH." That lists key criteria for site selection for affordable housing.
And among the key ones are community acceptance. Another one is
the belief by the community that the process is fair. By the way, we
had not seen any of this until this minute. So one important
consideration is the belief by the community that the process is fair.
Another consideration is the sale -- the scale and impact on the
neighborhood. The scale and impact of 750 affordable housing units
next to Fiddler's Creek where we have 3,000 units, and in CDD 2, it
would be overlooking, essentially, parkland.
Another consideration is sensitivity to the neighborhood context,
and the neighborhood context here is Fiddler's Creek. There have been
no studies done before this recommendation was made on any of these
criteria.
Another site selection study is entitled "10 Principles for
Developing Affordable Housing," and this is by the Urban Land
Institute, and it's funded by the Fannie Mae Foundation. So these are
March 13, 2018
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people who know what they're doing.
Let me give you two direct quotes. Quote, "Building community
support and trust begins with clear and open communication with
everyone from the highest elected officials to the neighborhood of the
proposed development." That's me and all the people here. There has
been no such communication. We didn't see any of this until this
minute. We did not get any notice that there was going to be a change
in the use of Manatee Park to affordable housing.
I want to reference the very strong and appropriate feelings of all
of you with regard to the Radio Road MSTU that there should be
community involvement, community acceptance, and certainly
community notification before the process begins. That
communication's been entirely lacking here.
Here's another very significant quote. One of the first steps is to
explain the benefits of or establish the need for affordable housing in
the neighborhood, in the community. That has certainly not been done
by the county here. There is already an abundance or more than an
abundance of low-cost housing in East Naples.
There is no such abundance in North Naples. Arthrex in North
Naples complains they can't get workers, yet we're talking about
putting 750 housing units in East Naples, not in North Naples. We
have to wonder why North Naples has been ignored in this context.
Also, there's a plan, as I understand it, for a sports park. Why
plan a sports park where -- if you're concerned about affordable
housing and not consider that as an appropriate site?
Another relevant study is entitled "Site Selection for Affordable
Housing Development: An analysis of Housing Element Suitable Sites
in Orange County, California."
Now, Orange County is very similar to Collier County, and it has
pretty much the same median income. And at the end of this article,
there was a detailed analysis of public transit serving the area. There's
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been no analysis of public transit serving this new area. You're going
to put 750 homes in Manatee Park without an analysis of the adequacy
of public transit, without an analysis of the adequacy of employment
opportunities, without an analysis or study of traffic patterns or
schooling or anything else for that matter.
So for these, and a wide variety of other reasons -- I don't want to
preempt everybody else speaking because there are a lot of people who
have similar objections. For these and many other reasons, we feel
that this is entirely inappropriate. The process is flawed. We should
not come here today and learn for the first time what the site selection's
going to look like, what the 750 units is going to be next door to us
without knowing whether you can get a grant to buy property
anywhere else in Collier County, without any studies being done as to
the impact of 750 homes in the Fiddler's Creek neighborhood, on our
neighborhood, without compliance with any of the basic criteria that
these studies say should be done, thought of, and analyzed before
making a decision.
We believe this process, as I say, is seriously flawed, and we will
oppose it, and we will oppose it seriously. We will not go quietly into
the night about this.
Thank you.
(Applause.)
MR. SHEFFIELD: Your next speaker is Bill Klug, and he'll be
followed by Ray Sokolowski.
MR. OCHS: Mr. Chair, the speakers can use both podiums if
they'd like.
CHAIRMAN SOLIS: Yes, please. Can the next speaker come
up, please.
MR. SHEFFIELD: Ray Sokolowski is the next speaker.
MR. KLUG: Good morning. William Klug.
You have to excuse my voice. I've got a medical condition that's
March 13, 2018
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causing this, but hopefully you'll be able to hear me.
William Klug, full-time resident, Collier County. I serve on the
board with Elliot, Fiddler's Creek CDD 2, as a supervisor.
My comments and questions relate specifically to Packet Pages
138 and 139 of the Commissioners' meeting packet for today meeting.
On Page 138, Mr. Coulson states in his letter, we see additional
potential in the parcel located immediately to the north and east by
including the approximately 30 acres adjacent to the school. Additional
synergies with the Manatee site can be realized.
My question is, with respect to what's being considered now, is
that 30 acres, which I believe is owned by the school district, going to
be included in this process? And, if not, then perhaps this entire matter
should be tabled until such time this determination is made as to
whether or not that 30 acres is included or not. Because, obviously, the
inclusion or exclusion of that 30 acres would have a material bearing
on the developer's prepared -- proposed site plan for the development
of the entire land area.
On Page 139, Mr. Coulson also states, although further due
diligence is required, based upon yet-to-be-defined requirements,
obviously this is a work in process. And a number of points that I'm
raising are really a chicken-and-egg matter as to when they need to be
done. But, without question, an environmental impact study needs to
be done with respect to balancing the needs of what would be covered
by this development as opposed to the shrinking wildlife habitat of
western Collier, the western portion of Collier County.
We have a number of wildlife creatures within Fiddler's Creek
now. Black Bear. I see I'm about to run out of time. In any event, the
environmental aspects of this entire matter need to be very closely
examined before you move forward.
Thank you.
CHAIRMAN SOLIS: Thank you.
March 13, 2018
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(Applause.)
MR. OCHS: Mike, who is our next speaker?
MR. SHEFFIELD: The next speaker is Ray Sokolowski.
MR. OCHS: Yes. Mr. Sokolowski indicated that he decided not
to speak, Commissioners, but he did want you to know that he has an
ongoing concern about an adequate place for model airplane
enthusiasts to be able to operate their model airplanes and some other
motorized type -- model motorized sports, and I told him I would make
sure that the Board understands that.
Thank you.
MR. SHEFFIELD: The next speaker is Jerome Oppenberg, and
he'll be followed by Cheryl Soukup.
MR. OPPENBERG: Good morning. First of all, let me thank
you for giving me this opportunity to speak on this issue. My name is
Jerome Oppenberg. I'm a full-time resident of Fiddler's Creek. I also
happen to be a realtor.
And I, obviously, am concerned about what this affordable
housing would do to the value of our homes not only in Fiddler's
Creek, but others around the communities. We have many seniors on
fixed incomes. Their biggest asset is the equity in their homes.
And historically -- you don't have to be a realtor to know,
historically, that home values usually diminish around affordable
housing units. So that's one concern.
My other concern is traffic. I came here in 1989 as a snowbird to
get away from traffic. I came here for the weather and all the great
assets of Southwest Florida and Collier County. In all the years, I don't
think I've seen as much traffic on 951 corridor. I work on -- my office
is on Marco Island, and in previous years, around 5 o'clock you'd have
some traffic, because all the workers are leaving the island.
Right now, I could leave at 2 o'clock, 3 o'clock, 4 o'clock, 5
o'clock, and it's backed up all the way to Hammock Bay.
March 13, 2018
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(Applause.)
MR. OPPENBERG: I think a conservative estimate -- and I'm
being real conservative -- with 750 units, you could have a minimum
of a thousand more automobiles.
And then we talk about Manatee school. What about the safety of
our children with this extra traffic? I think all these things should be
considered. I'm sure you will make the right decision, but I don't think
this is the right place. It's going to affect a lot of people and maybe
create many, many financial hardships.
So thank you for your hearing me.
MR. SHEFFIELD: The next speaker is Sheryl Soukup, and she'll
be followed by Suzanne Obchill.
CHAIRMAN SOLIS: Can the next speaker go ahead and come
up to the other podium, please. Thank you.
MR. SHEFFIELD: And the next speaker is your final speaker.
MS. SOUKUP: Hi. My name is Sheryl Soukup, and I'm with
Residential Options of Florida. And I'm here today to just talk about
affordable housing for people with developmental disabilities.
I did want to address your question about special needs. The
definition does include not only people with disabilities or disabling
conditions and seniors but also victims of domestic violence, homeless
individuals, and youth aging out of foster care. So special needs is a
pretty broad definition.
In our county we have six units set aside for people with
developmental disabilities, and we have a very high population of
people with developmental disabilities living here with elderly parents.
There is a need for housing for people with developmental disabilities
in our community. We have some data to back that up that I'd be
happy to share with the commissioners.
We did conduct some focus groups and a survey to determine the
need and preferences of people with developmental disabilities in our
March 13, 2018
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community, and in Collier County there is a need and preference for
apartments and single-family homes, primarily for rental, but some for
homeownership as well.
People with disabilities can live independently if they have the
right supports. We do have support services available, but we don't
have enough affordable housing that is available at the level that
people with developmental disabilities need at the rent level.
So many people with developmental disabilities, because of their
disability, live on SSI, and that income is $750 in a month. So if
affordable housing is no more than 30 percent of your income, then
they can afford about $225 per month.
So what I'm asking you-all to consider is, if you decide to use
these parcels for affordable housing, that you include some units set
aside for people that are ELI, extremely low income, and that you
consider setting aside some units for people with developmental
disabilities perhaps in a natural distribution so that not all of the units
need to be for people with developmental disabilities.
If you choose to develop housing at a -- for workforce -- you
know, Commissioner Taylor, you were asking about workforce
housing. You were asking for housing for teachers and sheriff --
people from the Sheriff's Office, and I've heard you-all talk in the past
about housing for some of the businesses in the community and the
school district, et cetera. If you choose to do that, you could set aside
some of the units for people with developmental disabilities.
I also just want to quickly say that please consider the -- having
non-profit developers be given this land if you decide to move
forward, because a non-profit developer will -- if they stay here and
own and operate those units, the subsidy -- the subsidy that you put
into it will continue to serve those low-income residents and all of the
residents of that development versus a for-profit who will likely take
your developer fee and take a lot of the money out of the development.
March 13, 2018
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CHAIRMAN SOLIS: Thank you.
MS. SOUKUP: Also consider a Community Land Trust so that
the investment is in perpetuity. Thank you.
CHAIRMAN SOLIS: Thank you.
MR. SHEFFIELD: And your final speaker is Suzanne Obchell
(sic).
MS. ORCHELL: Orchell. Yes, for the record, my name is
Suzanne Orchell. I've lived in Naples since 1960. Current address,
6266 Atkins Avenue. And good morning, Commissioners.
I'm speaking today about the county's possible donation of the
two parcels of land in the Naples area or East Naples area for housing
that is affordable.
According to the executive summary, one of the properties being
considered is the Manatee site. Upon researching the location, I find
that this is a property of about 60 acres located at 1090 Roost Road and
is also known as Manatee Park. Manatee Park is a legitimate park
listed on the Collier County parks website under community parks.
Preliminary design for a community center was done in 2008, and
that plan is wonderful. It has a dog park, pavilions along the lake,
volleyball, bocce. It's just wonderful. Tennis courts, playground.
There's also a proposed floor plan for a community center providing
for a fitness center, game room, meeting space, and so forth. Why
would we not want this?
This is an existing park that belongs to the residents of the
planning communities of East Naples, South Naples, and Marco
Island. It's a green space that contributes to the well-being of our
community. Other districts have beautiful parks and green space. We
should as well.
I believe that if Manatee Park is given away, it will not be
replaced within our district. Its loss would be substantial, especially
considering that Journey's End, a new development of 483 units, will
March 13, 2018
Page 66
be around the corner at 1216 Manatee Road.
Other developments are sure to come. It makes good sense to
retain Manatee Park as a safe place for the children Journey's End and
other neighborhoods to play, as well as provide a space for adults to
relax and enjoy their leisure time.
Additionally, I'm not in favor of developing Bembridge PUD,
which is currently assessed by the Appraiser's Office at 383,000. This
property is next to Calusa Park Elementary School, which has
consistently received some of the highest school grades of elementary
schools in the East Naples area.
Currently, the percentage of economically needy students at
Calusa is 69.17 percent compared with 93.27 percent for Manatee
Elementary and 96.56 percent for Parkside Elementary.
I appreciate your consideration today. Thank you.
(Applause.)
CHAIRMAN SOLIS: That was our final speaker?
MR. SHEFFIELD: Yes.
CHAIRMAN SOLIS: Mr. McDaniel.
COMMISSIONER McDANIEL: Yes. I just would like to make
a couple of comments.
The public speakers that we've had here today have done nothing
but fortify the notes that I already have when I was reading the staff
analysis and the staff report and the executive summary.
I think -- my primary note that I want to say is is I think we have
the cart in front of the horse here with regard to the utilization of these
sites as some sort of housing affordability.
We had a rather long discussion at either our last boarding
meeting or the one before. I'm still in waiting for another analysis of
the supply/demand as to where, in fact, our community needs lie.
Commissioner Fiala, you asked about some dispersal data as to
where our more affordable units are, in fact, located throughout the
March 13, 2018
Page 67
community. I've seen neither of those. And I have a large concern
with us, not the -- and I don't want the folks that came here today to
misinterpret what it is that I'm saying, because there's a large
population here that, you know, gets in the NIMBY process, not in my
backyard, and I don't think that that's what these folks are here today to
express. They happen to be impacted by these particular choices of our
staff, but this information has been going on for quite some time.
Staff's -- this isn't the first time that we've seen these sites.
There's been a considerable amount of vetting along the way.
But I don't think we're prepared as a community. We should not
be recommending going forward with anything, especially expending
public funds and our staff's time, in going further and doing further
exploration until we actually come to a consensus as a board and then
ultimately as a community as to what the true supply/demand, in fact,
is; what the actual dispersal of the housing and its availability is within
our community.
And then, in turn, as a board, target, if in fact we choose to target,
any particular sect of our population for housing, we as a board have
that consensus before our staff goes out and begins to solicit for
additional information from developers on any site.
So if you can figure out how I'm voting on that then --
(Applause.)
CHAIRMAN SOLIS: Did you --
COMMISSIONER TAYLOR: I do but I was -- I think we've got
that information, but I may be incorrect.
MR. OCHS: What's that?
COMMISSIONER TAYLOR: What we need.
MR. OCHS: Well, the housing demand model that's part of your
Community Housing Plan attempts to identify the need in terms of
what it would require to reduce by 1 percent a year the cost-burdened
households.
March 13, 2018
Page 68
COMMISSIONER McDANIEL: And I have a huge contention
with the cost-burden analysis --
MR. OCHS: I know you do, sir.
COMMISSIONER McDANIEL: -- in that needs -- supply and
demand. And we had a discussion at length at one of our board
meetings, and we asked staff to bring that information back to us along
with Commissioner Fiala's request about the dispersal of the housing
units and their location from a commission district standpoint, neither
of which has been done.
CHAIRMAN SOLIS: Do we have information on the dispersal?
COMMISSIONER McDANIEL: Not today.
MR. OCHS: Yeah, we've got it. We've had it distributed several
times. We'll do it right now again.
Cormac, if you'd please.
MR. GIBLIN: Yeah. On the visualizer is a map of Collier
County listing all of the approved affordable housing developments in
the county, and then the chart lists them by commission district.
COMMISSIONER McDANIEL: Was this information part of
my package?
MR. OCHS: No, sir.
COMMISSIONER McDANIEL: My point.
COMMISSIONER TAYLOR: But we've had it before. We've
seen it.
MR. OCHS: It wasn't the subject of the executive summary, but
we're happy to provide it.
COMMISSIONER TAYLOR: Not this time, but we have it.
We've had this.
MR. GIBLIN: This was included in the Community Housing
Plan.
COMMISSIONER McDANIEL: Right.
MR. OCHS: Do you want to go over this one?
March 13, 2018
Page 69
MR. GIBLIN: And then in addition to the approved affordable
housing units, we were asked to provide a summary of housing units
that might be deemed affordable whether or not they have any official
affordable housing restrictions on them. And so this is Property
Appraiser data listing all units that are valued by the Property
Appraiser at less than $250,000 per unit. And we have the dispersion
on where they lie in each commission district.
COMMISSIONER FIALA: Less what? I'm sorry.
COMMISSIONER McDANIEL: Slide up to the mike, please.
COMMISSIONER TAYLOR: Do you want some water?
COMMISSIONER McDANIEL: No. She has a question.
COMMISSIONER FIALA: You said less than how much
percent?
MR. GIBLIN: This chart lists every unit valued less than
$250,000 by the Property Appraiser in Collier County.
COMMISSIONER FIALA: Is that considered affordable?
MR. GIBLIN: That was the gap. If you coincide it with the
housing plan and the housing needs methodology, that was the gap
housing level and less.
COMMISSIONER FIALA: Wasn't -- didn't we figure
low-income housing was less than 126,000, not 250,000? I don't think
I've ever heard that one before.
MR. GIBLIN: It was the gap housing goes up to 140 percent of
median income --
COMMISSIONER FIALA: Yeah, I know.
MR. GIBLIN: -- which would translate to a $250,000 home or
less.
COMMISSIONER McDANIEL: That was the price point that
they picked. Right.
CHAIRMAN SOLIS: Could you just explain a little bit what
we're looking at here.
March 13, 2018
Page 70
MR. GIBLIN: Sure. What we've got is listed by commission
district. The value -- the property -- these are Property Appraiser
numbers based on the market value of residential units. And we have
the number that are valued between 50- and 115-, which would be
your low-income units; 115- to 200-, which are your moderate-income
units; and 200- to 250-, which would translate to gap-income units;
and then everything over 250-. And we show the number of total units
per commission district, the number of those units that are less than
$250,000, and the percentage that those make up of each commission
district.
COMMISSIONER TAYLOR: If I may -- so in my district, 47
percent of the units --
MR. GIBLIN: Of the residential units are valued by the Property
Appraiser less than $250,000.
COMMISSIONER TAYLOR: Really?
MR. GIBLIN: Yes.
COMMISSIONER McDANIEL: And this is new information as
well.
COMMISSIONER TAYLOR: No, no. I've seen this before, but
I have to -- this came a long time ago. This came a couple -- when the
ULI report came in when we discussed it.
MR. GIBLIN: This analysis was distributed in December of
2017.
COMMISSIONER TAYLOR: Yeah.
MR. OCHS: We'll make sure that you get it again,
Commissioners. I apologize if I was lax at getting you that
information.
COMMISSIONER TAYLOR: So 2 is the lowest, that would be
Commissioner Solis' district, of units less than 250,000.
COMMISSIONER McDANIEL: Can I?
CHAIRMAN SOLIS: Let's -- your light is on. Do you have a
March 13, 2018
Page 71
question or --
COMMISSIONER TAYLOR: Yes, I do. And I was taking some
notes. So help me with this, because I want to -- want some of these
folks' questions answered.
We had a question about whether or not we are reaching out into
home investment. Have we -- have we explored any kind of funding
from this -- I believe it's a federal -- I think it was reported as a federal.
MR. MILLER: It's a HUD office.
COMMISSIONER TAYLOR: HUD office.
MR. GIBLIN: That was on one of the previous slides that several
of the proposers suggested using federal funds, CDBG HOME tax
credits. And we would certainly look at using our HOME or CDBG
dollars and advancing any plans that the Board of County
Commissioners would like.
COMMISSIONER TAYLOR: Okay. Could you please go
through -- and just so you understand, understanding that, no, we didn't
have a community meeting in Fiddler's Creek. We didn't do that,
you're correct. Would you please go through the public process that
brought us to this date.
MR. GIBLIN: Sure. The Urban Land Institute was brought in
last February in 2017 to conduct a community housing needs analysis
for Collier County assisting us in the development of our Community
Housing Plan.
One of the recommendations from the ULI was that Collier
County do an analysis of all county-owned property to determine if
any are suitable for the future development of housing that's
affordable, and that's what began last spring through several of your
subcommittees. The Affordable Housing Advisory Committee, the
Community Housing Stakeholders Group, along with staff, went
through the list of all properties owned by Collier County, and looked
at their suitability for housing that's affordable based on location, based
March 13, 2018
Page 72
on availability of services, based on other restrictions that might be on
properties, and that list was whittled down.
We brought nine properties to the Board of County
Commissioners in June of last year, June 27th. The Board then
directed staff to move forward with four of those. And then in
December of last year, December 12th, we brought two of the four that
had -- that were still on the list, are the Bembridge and the Manatee
sites.
So it really has been going on a little over a year now; been to the
Board at least two or three times.
COMMISSIONER TAYLOR: Going back to the HOME issue, I
think I'm going to ask another question here. What would prevent the
county from getting the HUD grant and building the housing rather
than having outside developers do it?
MR. GIBLIN: That would be a Board decision. You could do
that.
COMMISSIONER TAYLOR: Okay. And then we have 30
acres that was questioned in one of the proposals, and I believe it's a
school site. Is this -- is this something that we think we can add to this,
or is this the school board's decision?
MR. GIBLIN: That's the school board's decision. We don't have
any -- the Board of County Commissioners doesn't have any authority
over use of that school board site. The school board has been a
member of the housing stakeholder group and has expressed concerns
of their own towards housing affordability in Collier County. And
there might be some synergy opportunities if they have a site right next
door to this that they might want to explore as well.
COMMISSIONER TAYLOR: Okay. And then the gentleman
who didn't speak but was concerned about model airplanes, and I
assume he flies them in the Manatee Park. This is certainly something
that, as we consider going forward, we could include to make sure this
March 13, 2018
Page 73
could continue to happen; is that correct?
MR. GIBLIN: Our recommendation is to keep significant green
space and parklike settings, so -- it is a very large site so any -- we are
here -- the Board can direct whatever to be built on that site. That's
one of the reasons we're here seeking your direction today. If inclusion
of parklike amenities is your direction, we'll include that in the
invitation to negotiate.
COMMISSIONER TAYLOR: Okay. And then we have a
gentleman -- and I did get your name -- Mr. Oppenberg, who's a
realtor. And I've just given you, Mr. Ochs, a couple of pages, and it
would be these two pages right there. I gave it to Mr. Casalanguida.
And I think your assertion is that values diminish around
affordable housing, and I would argue that, perhaps, that's not the case
all the time. I'm not saying it doesn't happen. But I think you will see
in East Naples that your values in two years have appreciated by 20
percent. And one would argue, or at least my colleague to my right
argues, that you have a significant amount of affordable housing. And
anybody who would like this, I'm more than happy to get this to you.
And if you could please put the map up there that shows the area
that is in question here. You can see that my request was to go from
951 in the east all the way to pretty much Bayshore, and in the south is
Rattlesnake, and the north is Davis. It does incorporate the Manor; 20
percent increase in two years. My stock portfolio only wishes it could
have been that.
The other thing I'd like to discuss -- and I did call Dr. Faffer, if
anyone knows who she is. She's a very interesting woman, very
hard-working woman who has a senior center in the City of Naples
between -- well, it's not. It's really the county -- between Goodlette
and U.S. 41. And if we could put that -- the chart there that -- they
actually -- yes, please; that one.
And I'll pass this out to my colleagues so that they have it also.
March 13, 2018
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They can follow along. If you can see the summary of her findings --
now, this wasn't her findings. This was a professor out of FGCU that
came down -- about seniors. There are more individuals living in
poverty, living alone, and more households receiving SNAP benefits.
Individuals report having difficulty accessing information about
programs and services that may be of assistance. Sample of
individuals age 60-plus report, we feel that they are not part of a
population of need. There are concerns about affordable housing
among sample groups participating in the focus groups.
And then if we could put the second page up, please. This one
I'm not going to read through but, again, I can certainly get this to you.
I'll just highlight a couple of things.
The highest percentage of seniors is 65 to 74, and there's a 29
percent increase in that population in 2016.
Thirty-five percent of the seniors in Collier County pay more than
30 percent for (sic) income for their housing. And one of the things
that sticks in my mind when I remember my conversations with Dr.
Faffer is, yes, you can have a husband and wife living together, and
they have Social Security benefits, and those Social Security benefits
together would make it very affordable to live here. But so often a
spouse dies, and then there's a widow, and she doesn't get Social
Security benefits anymore. And this is a --
THE AUDIENCE: She does.
COMMISSIONER TAYLOR: Not from the husband.
THE AUDIENCE: Yes.
COMMISSIONER FIALA: Yeah, you do.
MR. OCHS: You get the highest of the two. You don't get two.
COMMISSIONER TAYLOR: That's right, the highest of the
two. Okay.
So average monthly Social Security benefit for women in Collier
County is $1,235. And, again, I'm more than happy to send this to any
March 13, 2018
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of you. You can contact my office. My assistant will be outside this
door and give you my card. I'd be glad to get this information to you.
Thank you.
CHAIRMAN SOLIS: Commissioner Fiala's next, but I wanted to
make sure that Commissioner Saunders didn't have anything that he
would like to add.
COMMISSIONER SAUNDERS: Yeah. I'm -- one of the
concerns I have is, obviously, this is one of the most important
decisions, policy decisions that we're going to be making, and I want to
make sure that we don't rush into something without having all of the
facts.
And, obviously, we've been studying this for quite some time.
And I'm wondering if -- I do believe we have some additional policy
decisions to make that staff is going to be bringing forward. And I
wonder if we should hold off on this particular issue unless we make
all the policy decisions dealing with affordable housing that are going
to be coming to us in the next coming months.
That's kind of a question for staff. My assumption is we have
additional hearings coming up with additional policy decisions; is that
correct?
MR. OCHS: Commissioner, this is Leo. Yes, you are correct.
The Board's going to see additional recommendations out of your
community housing plan, I believe, in April, again in -- excuse me -- in
June. So, yes, sir, there's a couple more sets of recommendations
coming forward.
COMMISSIONER SAUNDERS: So one of the things that I
might suggest, at least for us to think about as we're deciding how to
vote this morning, is developing the rest of those policy decisions and
answering the questions that have been raised concerning this
particular site by the public speakers and whether or not that's going to
have any real negative impact on moving forward with affordable
March 13, 2018
Page 76
workforce housing. I don't believe it would -- I don't believe a delay
would create a problem.
The other thing for us to consider is making a decision like this on
a split vote, on a 3-2 vote, for example, I find to be somewhat
problematic. And it looks like this morning they're not sufficient --
there will be at least two commissioners that would oppose this, and I
think we need to have more agreement on a major policy issue like
this.
So those are my concerns. I'll look forward to what motion is
made ultimately. I just want to raise those two issues as my concern.
CHAIRMAN SOLIS: And at this point everyone's had their say,
and I would just like to add a couple things myself, and then we'll go to
Commissioner Fiala, then Commissioner McDaniel, because I think
his light was on.
COMMISSIONER TAYLOR: His light goes on and off.
COMMISSIONER McDANIEL: Well, unless you're ready for a
motion.
COMMISSIONER FIALA: I can never tell if yours is on or not.
CHAIRMAN SOLIS: Well, I would -- okay. I would just like to
say that, as I understand it, what staff is asking for is the ability to go
and have more discussions with the 10 developers, or whatever the
number of the developers were, that responded to the RFI to refine
more the potential of what some of these developers are proposing or
would propose; we're not agreeing to anything at this point, right?
MR. OCHS: Correct.
CHAIRMAN SOLIS: And so we're not putting the cart in front
of the horse, because we're not agreeing to anything. We're,
essentially, asking these developers to come forward with more refined
plans. And, I mean, we have been talking about this, at least since I've
been on the Board, I mean, I don't know how many meetings we've
had where we've discussed affordable housing.
March 13, 2018
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You know, we can disagree, agree to disagree about whether or
not there's a need, how much there's a need. We adopted the
Community Housing Plan. I don't see any detriment to letting the staff
get more information, because with more information we may not
want to do any of it. But just to say we're not going to discuss it
anymore just doesn't make any sense to me, because we're going to
have to do this somewhere along the line.
And before we know whether or not we want to move forward
with this, we have to know what's being proposed and whether or not
anybody is going to propose something that everybody will feel
comfortable with.
So as far as I'm concerned, I don't see any harm in having staff
continue to talk to some of these developers, have them refine their
plan so we have a better idea of what they want to do. Ultimately, at
the end of the day, they will have to come back with zoning
applications, Growth Management Amendments, and everybody will
have their opportunity to say what they want to say about them.
But just to not let staff talk to anybody about this just -- to me it
doesn't make any sense because, ultimately, we're going to have
several bites at the apple on this. And everybody can come here, and
we can have this conversation when the decision needs to be made.
And right now we're not making a decision that's going to bind us to
anything. And I just hope everybody understands that. So that's what
I'd like to add.
Commissioner Fiala.
COMMISSIONER FIALA: Yes, thank you.
First of all, I wish I could have spoken as eloquently as you, Mr.
McDaniel, because you were great.
A couple things I just would like to put on the record. I'm sorry.
I'm not feeling so hot, so if I don't sound so good, pretend you don't
notice.
March 13, 2018
Page 78
But Cormac Giblin mentioned -- he mentioned a few times
approved housing, approved affordable housing, and he showed you
where they were, but approved affordable housing is quite different
than just plain old affordable housing. And if you knew the difference,
what it is is it's HUD saying that if it's guaranteed to stay affordable for
15 years, then it's approved. But as soon as it drops off that 15 years,
then it's not approved anymore.
And so when you take a look at it, for instance -- like, a Habitat
village just dropped off that approval rate. It was -- and it's -- what's --
oh, gosh. Victoria Falls.
COMMISSIONER McDANIEL: Whistler's Cove.
COMMISSIONER FIALA: Yeah, they just dropped off because
they passed their 15 years.
I also wanted to mention for the folks in that audience -- and I
want you to look at it as people from Pelican Bay or from Naples
Square, okay. I want you to think of them as your people as well.
I want to tell you that where they live right now they have four
Habitat villages, four, right around them, okay. Well, at the far end of
the Fiddler's Creek, you've got -- I'm sorry. My head is not right.
What is that acres back --
MR. GIBLIN: Trail Acres.
COMMISSIONER FIALA: Well, there's Trail Acres, and then
there's --
UNIDENTIFIED SPEAKER: Charlie's Place.
COMMISSIONER FIALA: Charlies Place and -- pardon me?
UNIDENTIFIED SPEAKER: Regal Acres.
COMMISSIONER FIALA: Regal Acres, that's the big one.
They're just adding 109 units to that right now, right? And then there's,
of course, the other one that we were just talking about.
I wanted to tell you that -- plus, by the way, on Manatee Road
itself, if you turn down Manatee Road, you've got five different
March 13, 2018
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affordable housing mobile home parks, mobile home parks, and you
have huge condo -- well, they're apartment buildings back there that
hold the workforce right there. So all the way in that's all you have
and that's -- I mean, speaking of being a lot of affordable housing --
nobody complains about it.
They're fine, and they're supporting it. They even go out to the
schools and help their children and so forth. It's fine. But what they're
saying is, you know, we've really done our share. It's about time to
share it with other parts of the county is what I think I'm hearing them
say.
(Applause.)
COMMISSIONER FIALA: I heard Commissioner Taylor saying
-- she stressed it very carefully -- in my district I have 47 percent of all
the affordable housing. She didn't mention that -- oh, what did you
say?
COMMISSIONER TAYLOR: Under 250,000.
COMMISSIONER FIALA: Well, okay.
COMMISSIONER TAYLOR: Not of the district, but within my
district, 47 percent of it is under 250,000.
COMMISSIONER FIALA: Okay. And, by the way, four -- in
her district, she has the City of Naples, but she also has a huge amount
of housing in East Naples. She has all of the Triangle, she has
Bayshore, she has Thomasson, and so she's got a huge amount of the
affordable housing that she doesn't live with. They live here in East
Naples. And I just wanted to mention that as well.
Let's see.
(Applause.)
COMMISSIONER FIALA: I think right now I can't say any
more. I'm sorry I'm so ill. I don't mean to be. But I just wanted to
show you that, you know, a picture isn't always what you hear. You
have to take a little bit of a deeper look and see what's really going on
March 13, 2018
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in that picture. And I totally agree with Commissioner McDaniel and
also the well-spoken Burt Saunders. So that's it for me.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER McDANIEL: My light's been on.
COMMISSIONER TAYLOR: I think -- first of all, I think as we
reach out to these developers, how is the 750 units established? Where
did that come from? And then the 75; is that just available zoning?
MR. GIBLIN: Correct.
COMMISSIONER TAYLOR: Okay. My thoughts for Manatee
have always been 60 acres is a huge park. It's kind of -- I don't even
know how big the City of Naples is, but it's a huge park. And I've
always thought about Manatee when I've looked at it is that it could
have housing plus an extraordinary beautiful passive park. So I would
not agree to that high density within that park, I can tell you that right
now.
And in response to my colleague, Commissioner Fiala, I live in a
neighborhood that has Habitat for Humanity homes. So, you know, I
don't know -- everyone thinks the City of Naples is -- everybody thinks
the City of Naples is this -- you know, the beach folks and the Port
Royal, but I assure you there's pockets. And I live in the first
working-class neighborhood in the history of Collier County. That's
where I live.
And a lot of the homes are as people moved in. I live across from
two widows. One has got a reverse mortgage on her house because
she can't afford to live there.
The reality of life is there. It's part of where we live. I don't live
in a gated community.
Thank you.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Just as -- moving right
along. I'd like to make a motion to continue this item until further
March 13, 2018
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studies have been done with regard to our housing-needs analysis, a
supply-and-demand analysis that we've all got questions on.
And, Commissioner Solis, just to address a comment that you
made and it's -- you made a comment that you saw no harm in moving
this forward because we weren't really deciding anything. I think it
would -- just as an aside, I don't concur with that just because in order
to make a prudent decision, non-emotional, nonpolitical decision, we
have to have data and analysis to enable us to make more pragmatic
decisions and not be operating on politics and emotion.
Until we actually have a true, viable needs analysis,
supply-and-demand dispersal of the housing it's difficult for -- I think it
would be a waste of our staff's time -- the staff's already talking to
developers. They've already reached out in this original process. So I
think it's a waste of our staff's time to take it to the next step until we,
as a board, have come to a consensus on the supply/demand and the
dispersal thereof.
So I'd like to make a motion to continue this item.
COMMISSIONER FIALA: I second the motion.
CHAIRMAN SOLIS: Just as a point of discussion --
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN SOLIS: Yes, Commissioner Saunders.
COMMISSIONER SAUNDERS: On the motion, I have no
difficulty in agreeing to continue this item. I want to continue it for
slightly different reasons. I want to make sure that we've adopted all of
our policies, which we're going to adopt in the next month or two or
three and also have an opportunity to have sufficient outreach in the
areas surrounding the Manatee Park to make sure that the public is
aware of what we're looking at doing, that the questions that have been
raised are answered.
And so I'm going to support the motion, but I want this item to
come back relatively quickly for final resolution in terms of when we
March 13, 2018
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move forward. So I'm looking for a continuance to give us the time to
complete our development of our policies, which will happen soon,
and then also, in addition, to direct staff to continue to have outreach
into the surrounding community to make sure that we've answered a
lot of those questions that were raised this morning. So I'm going to
support the motion with that understanding.
CHAIRMAN SOLIS: Okay. And just as a point of discussion.
And I appreciate what you're saying about -- that you don't feel that we
have had enough analysis on the needs for affordable housing in the
community. Let me finish.
COMMISSIONER McDANIEL: Well, you misspoke.
CHAIRMAN SOLIS: Well, you just said that --
COMMISSIONER McDANIEL: I didn't say not enough. We
just haven't come to a conclusion.
CHAIRMAN SOLIS: Well, I think we adopted the Community
Housing Plan. We've adopted that. I mean, I know -- I think you --
you voted against adoption, but I think the majority of the Commission
did approve it.
COMMISSIONER FIALA: Did we, or did we accept it?
COMMISSIONER McDANIEL: We just accepted it. It was very
specific.
MR. OCHS: No. Let's -- we brought a subset of the total
recommendations to you at the last meeting.
MR. GIBLIN: Last meeting --
CHAIRMAN SOLIS: Last meeting.
MR. OCHS: -- and one of those included acceptance of the
demand model, and I believe the majority of the Board accepted that
model.
MR. GIBLIN: Correct.
MR. OCHS: Commissioner McDaniel did, in fact, ask for
additional information. He wanted to know what it looked like without
March 13, 2018
Page 83
the cost-burdened elements in it, and we do owe you that information,
Commissioner.
CHAIRMAN SOLIS: So my only point is that, I mean, it would
be wonderful to have a unanimous vote on all these issues. I don't
think we'll ever have that. I just, again, don't see any reason not to at
least let staff refine these proposals because, at the end of the day, we
may not want any of them, and we may not approve the rezoning for
the property, and we may not approve the Growth Management Plan
Amendments that they're going to require. I would assume that they're
going to require those.
And each one of those is going to require neighborhood
information meetings, public hearings before the Planning
Commission and the County Commission. And I just -- we just keep
kind of treading water here and not making any decisions, and we
continue to put off these decisions, and we've been doing it for so long.
I just don't see why we can't at least start making some headway on
something. And that's all I'm going to say.
COMMISSIONER FIALA: I wanted to say one more thing, but
it's not my words. I got an email from a guy named Phil Brougham,
who was taken ill before he could stay, and so he sent me an email,
which my assistant passed on. And it says -- it says, ask her to
question why staff ratings on the Manatee site changed so drastically
between ratings in December 2017 and June 2017 (sic).
Ratings for impact and restrictions and suitability changed
dramatically. Why was that? And I don't -- I haven't looked at what
those ratings were, and so I can't even compare them. But that's
another thing that maybe we can have them check into in this time.
CHAIRMAN SOLIS: So there's a motion and a second on the
floor to -- and the motion is to continue this item indefinitely or to a
specific --
COMMISSIONER McDANIEL: Well, I mean, it's ultimately
March 13, 2018
Page 84
going to be to a specific point. It's indefinitely for a period of time
until, as Commissioner Saunders said -- and for the reason that I said,
until we go through that analysis and have further vetting and come to
a consensus as to what the supply and demand is and the locational
dispersity.
COMMISSIONER SAUNDERS: Okay. On that particular
motion, I'm going to vote against that motion because I think we've
come to a conclusion on the supply/demand issue.
My concern, as was stated, is making sure we've adopted all of
our policies and we have some more community involvement in this
decision. So I'm going to vote against this motion and make a motion
to continue for those other reasons.
CHAIRMAN SOLIS: Will the motion maker amend the motion?
COMMISSIONER McDANIEL: I'm okay with that. I mean, I
don't disagree with your reasonings either, Commissioner Saunders.
They are part and parcel to why I suggested this continuance.
I don't recall us coming to a consensus on the supply/demand
side, but I'm not going to debate that today. I think this should be
brought before us as a specific item.
Again, I don't recall -- and I'll go back and watch the tape. I don't
recall voting on the housing plan as has been -- and maybe I voted
against it which is why I'm not thinking we passed it. So that's a
possibility. I have serious issues with this, with the nebulous
definitions that are given with regard to the need.
So I'm okay with amending the motion if that will make you
happy, or if you want to cancel mine and make another one, I'll second
yours. I don't care.
CHAIRMAN SOLIS: Do you want to withdraw?
COMMISSIONER SAUNDERS: Then, Mr. Chairman, the
motion that I would make --
COMMISSIONER McDANIEL: I'll withdraw my motion then.
March 13, 2018
Page 85
CHAIRMAN SOLIS: And second?
COMMISSIONER FIALA: Well, if it's withdrawn I don't have a
second.
COMMISSIONER McDANIEL: Right.
CHAIRMAN SOLIS: Okay.
COMMISSIONER SAUNDERS: All right. The motion that I
would make is that this item be continued so that staff can finalize and
bring to us our final policy that we're going to be adopting over the
next month or two and then, at the same time, staff be directed to
conduct some community involvement, try to get answers to the
questions that were raised this morning, and bring this back to us as
quickly as they can once we get those answers.
COMMISSIONER McDANIEL: I'll second it.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN SOLIS: Motion carries.
Item #11H
AUTHORIZE ONE ADDITIONAL FY 2018 BUDGET
AMENDMENT COVERING POST HURRICANE IRMA CLEAN
UP AND RECOVERY PROVIDING AN ADDITIONAL $1,000,000
APPROPRIATION TO FUND WATERWAY DEBRIS CLEANUP
AND REPAIRS IN THE PELICAN BAY COMMUNITY –
APPROVED
March 13, 2018
Page 86
MR. OCHS: Mr. Chairman, before you break for lunch, if we
could go back to Item 16F5 that was moved from the consent agenda
to the regular agenda. It's now Item 11H. That was the
recommendation to authorize one additional budget amendment
covering Hurricane Irma cleanup and recovery for the Pelican Bay
Community.
I believe Mr. Dorrill is here.
MR. DORRILL: Good morning, Commissioners.
CHAIRMAN SOLIS: Good morning. And I'll apologize for you
in advance. I know this is the first time ever you've appeared without a
coat and tie.
MR. DORRILL: First time in 40 years.
CHAIRMAN SOLIS: Forty years. I apologize for making you
do that.
MR. DORRILL: We were contacted by your budget office a
week ago Friday as part of a routine item and, I believe, cash flow
projection that was being conducted until the end of the year related to
FEMA funds.
And, associated with that, we were asked to identify and then set
aside funds that could be spent before the end of the year for capital
recovery efforts or maintenance and in recognition of the Board's
upcoming summer recess, and so we did that, and met their deadline.
And we have five different categories of potential capital projects.
Because we're a separate taxing and benefit unit, we suggested that we
move some excess funds from an operating account into our capital
account, and then we would true up those numbers once we have bids
in hands and then reflect those.
We coordinated with the chairman of our advisory board, we
coordinated with the chairman of our Budget and Finance Committee,
and then we had a brief discussion of this after the submittal of the
March 13, 2018
Page 87
executive summary that occurred at our full board meeting that was
last Wednesday.
CHAIRMAN SOLIS: So this was discussed and presented at the
board meeting, the PBSD Board meeting?
MR. DORRILL: And coordinated in advance with both the
chairman and the budget chair.
COMMISSIONER FIALA: Let me just ask. That's for the
million dollars, right?
CHAIRMAN SOLIS: Yes.
MR. DORRILL: Yes, ma'am. We, very shortly, will be out to
bids on our two largest categories to repair or replace community
architectural street signs and streetlights, and we're trying to coordinate
that effort not only with your FEMA consultant, CD McGuire, but
have completed all the initial inventory and assessment of signs that
need to be repaired or replaced. I believe there's several hundred in
that category. And then we have streetlights. We also have two
drainage remediation projects that are identified in Bay Colony, and
the relandscaping of the U.S. 41 landscape buffer and berm.
CHAIRMAN SOLIS: So is it -- I don't want to characterize it
improperly, but this was more of kind of a cash planning exercise, is
that --
MR. DORRILL: I'd let Mr. Isackson speak for himself. But, yes,
this, my understanding, is a cash-flow analysis to force us, as a
separate district, to identify both the source and the use of the funds
and in recognition that you may not be here this summer. And so
we've been asked to sort of set this money aside and then as individual
bids are awarded or projects authorized, then we will establish what I
would call cost centers, capital cost centers for each one of the five
categories that I just mentioned.
CHAIRMAN SOLIS: Okay. Mr. Isackson, is there anything?
MR. ISACKSON: No. I think what might help the Board also --
March 13, 2018
Page 88
Mark Isackson, for the record, Office of Management and Budget.
What might help the Board also is the fact that when you identify
areas in the budget -- and we have over 200 funds -- we look at
families of funds. Pelican Bay is no different than water/sewer is no
different than our general governmental side.
While we have authorization, or may have authorization to do a
budget amendment, we generally are judicious in how we may do that.
We may hold back some of that money knowing that we already have
dollars sitting in -- and funds don't mean much to the Board -- but
Fund 322 is a capital -- one of the capital funds in Pelican Bay where
we will establish budget to perform the work that Mr. Dorrill is
suggesting. We may not move all that money right away knowing that
I've got money sitting there.
So as Mr. Dorrill says, this is just an ability for our office to make
that budget amendment when and if it's necessary based on the work
flows and the execution patterns that Pelican Bay will identify as we
go through this process.
I don't know if that helps, but just thought I'd add that.
MR. DORRILL: In essence, this is the first step in what will be a
two-step process. And once we have bids in hand, then we'll go back
and we will create these, I call them, individual capital cost centers so
that we can track our costs as they are incurred amongst the five
different categories that we have.
CHAIRMAN SOLIS: And those costs are going to go through
the regular bid process for those kinds of items?
MR. DORRILL: In fact, in two instances, we're trying to seek
some FEMA mitigation grants to upgrade certain infrastructure in the
hope that we will not incur this type of damage going forward, and I
will tell you it is a very difficult process, but we're going to see that
through to the end for both street signs as well as streetlight poles and
anchors.
March 13, 2018
Page 89
CHAIRMAN SOLIS: Okay. Thank you.
The public speaker light is on. We've got a new public speaker?
MR. SHEFFIELD: We have one registered public speaker. She's
the citizen who spoke earlier today. Susan O'Brien.
CHAIRMAN SOLIS: She's already spoken. I don't know that, if
she's already spoken on the item, that she gets another three minutes.
COMMISSIONER TAYLOR: It's going to be up to you. I'd like
to hear, but that's entirely up to you.
MS. O'BRIEN: I don't need three minutes. May I?
CHAIRMAN SOLIS: Go ahead.
MS. O'BRIEN: Okay. Thank you. Susan O'Brien. I want to
thank you, Commissioners, for moving this agenda item.
And my interest is in good governance. And I just want to repeat
what I said earlier in my comments that this item was not -- this
million-dollar transfer, the five projects and their costs, was not
presented to our board at our meeting last week.
Mr. Dorrill only mentioned it because a question came up at our
meeting relative to another transfer, and then he said a few things. He
said he had -- he was going to transfer a million dollars.
And I just believe that an item like this should be thoroughly
discussed with our board so we understand. I learned a little bit this
morning about it. I think good governance is that that be presented to
our board; our board be able to take action on it prior to its coming to
you.
Thank you.
CHAIRMAN SOLIS: Okay. Okay. No other speakers. I mean,
I'll make a motion that we approve the recommendation from staff.
This is a planning function trying to be proactive, looking at our
calendars, and what needs to be done, so I'll make the motion.
COMMISSIONER McDANIEL: I'll second it.
CHAIRMAN SOLIS: I've got a motion and a second. All in
March 13, 2018
Page 90
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER TAYLOR: Opposed. And the reason being
--
COMMISSIONER McDANIEL: You don't have to.
COMMISSIONER TAYLOR: -- we've heard it a lot this
morning. We're not -- there's not communication, and folks feel that
they're not involved in a process, and I think on that -- only on that
reason, I -- as simple as it is, a million dollars is a million dollars, and
it's a pretty serious movement, and I think people wanted to be
involved in it. So I would deny.
CHAIRMAN SOLIS: Okay. Thank you. Motion carries. Break
for lunch?
MR. OCHS: Well, decision of the Board, sir. We have two
companion items, 11D and E, having to do with the medical marijuana
issue. You have one registered speaker under 11D. I think all the --
I'm sorry. We have --
MR. SHEFFIELD: We now have four for 11D.
MR. OCHS: Well, I was going to try to move if, but if you have
four -- you can still move it if you want, then have lunch and come
back and handle your budget policy after lunch if you prefer to do that.
You've got people here that are prepared to --
CHAIRMAN SOLIS: Is our court reporter okay? We can
continue?
Item #11E
March 13, 2018
Page 91
AFFIRMING A ZONING VERIFICATION LETTER REGARDING
A PROPOSED MEDICAL MARIJUANA TREATMENT CENTER
AND DIRECT STAFF TO ISSUE A LETTER OF NO OBJECTION
TO THE PROPOSED LOCATION – MOTION TO APPROVE –
APPROVED
COMMISSIONER McDANIEL: I have a suggestion, if you
want to, just as a thought. I mean, 11E is almost perfunctory. It's
something that we kind of -- my understanding is is we have to go --
we have to go along with it. It's an allowable use. 11D is a little more
contentious of an item. We could, I'd -- if you want to go out of order,
I know we've already voted on the agenda, but I'd make a motion to
approve 11E, if it so pleases you. I don't want to -- I don't want to jump
--
CHAIRMAN SOLIS: 11E is the --
MR. OCHS: Let me read it, if I can, sir, just for the audience and
the public's consumption.
This item requires ex parte disclosure be provided by commission
members. Participants are required to be sworn in. This is a
recommendation to affirm a zoning verification letter regarding a
proposed medical marijuana treatment center and direct staff to issue a
letter of no objection to the proposed location.
Mr. County Attorney, is it appropriate to do ex parte and swear
speakers at this point or --
MR. KLATZKOW: Yes.
MR. OCHS: Ex parte, sir?
COMMISSIONER McDANIEL: Okay with changing the order?
CHAIRMAN SOLIS: Yes.
COMMISSIONER FIALA: Just so I understand, does that mean
you're splitting D and E? You vote on one now, but the same subject
you wait after lunch for the other part of the subject.
March 13, 2018
Page 92
CHAIRMAN SOLIS: They're really not the same subject.
COMMISSIONER McDANIEL: They're not the same.
CHAIRMAN SOLIS: Okay. They're separate items because
they are independent of each other. So 11E requires ex parte.
MR. OCHS: Ex parte for 11E, sir.
CHAIRMAN SOLIS: Yes, sir.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I do have ex parte with
regard to this item. Met with the property owner's legal counsel and
the like; both emails, meetings, correspondence.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: No, I don't.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes, I do. I met with the owners
and the legal representative. We've had some -- there's been a couple
of meetings for that. I also have had a lot of correspondence with
interested parties in this, and it's all been -- for you (indicating), right
here. So it's all been Xeroxed and sits here. Thank you.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: Yes. On the ex parte, I have
spoken with the representatives of the property owners and have
received some correspondence and emails.
CHAIRMAN SOLIS: And I've had also some meetings. And I'm
-- rather than try to distinguish them, I've met with representatives
from the property owners, and I've also met with Dr. Weiss, Fiora
Little, Bill Barton, Lieutenant Polling in regards to opposition to
anything related to medical marijuana. So I'm just going to disclose
those. Also I've had a phone call with Brent Batten.
COMMISSIONER FIALA: And may I -- I didn't give -- I'm
sorry. I do have something to declare.
CHAIRMAN SOLIS: Okay.
March 13, 2018
Page 93
COMMISSIONER FIALA: I spoke with Bill Barton, I spoke
with Pat Barton, and I don't know which one it is, but on the subject of
medical marijuana.
CHAIRMAN SOLIS: Okay.
COMMISSIONER FIALA: I also received plenty of emails, so...
MR. OCHS: Swear the speakers, please.
(The speakers were duly sworn and indicated in the affirmative.)
MR. OCHS: Mr. Bosi?
MR. BOSI: Mike Bosi, Planning and Zoning director.
The zoning department was presented a zoning verification letter
from Barron Collier Companies for property that sits right on the
border of Hendry County and Collier County just west of State Road
929 as to whether we would issue a letter of no objection to a proposed
medical marijuana cultivation center.
The state statute basically prohibits local governments, counties,
from regulating the placement of cultivation centers with an exception
that they can't be located within 500 feet of a school.
The location that was the property in question is not within 500
feet of a school; therefore, the response from the zoning department
from Collier County Government would be that there is no objections
to the location based upon the state preemption of the sitting of these
facilities.
MR. OCHS: Thank you.
MR. BOSI: And we're asking the Board -- and normally we
would issue that, but we were asking the Board, in an abundance of
caution, just for a concurrence of that position.
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: Which is why I made my
motion.
CHAIRMAN SOLIS: And Commissioner McDaniel has made a
motion to approve.
March 13, 2018
Page 94
COMMISSIONER TAYLOR: I'll second.
MR. OCHS: Speakers.
MR. SHEFFIELD: There's one registered speaker, Bill Barton.
MR. BARTON: Good morning, Commissioners. For the record,
my name is Bill Barton. I reside at 106 Mooring Park Drive in Naples.
Just for the record, many of you know that I've spent a good
portion of my professional career dealing in the zoning issues in
Collier County. And I just thought it would be worthwhile to let you
know that I concur in your staff's finding on this issue, and I see no --
nothing that would preclude that use in the agricultural properties
provided it meets the other criteria of the state legislation.
COMMISSIONER McDANIEL: Thus we are preempted.
CHAIRMAN SOLIS: Thank you.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER McDANIEL: That was why my perception
was it was rather not too awfully contentious. We're preempted.
CHAIRMAN SOLIS: So there is a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: All right. Motion carries.
MR. YOVANOVICH: Thank you.
CHAIRMAN SOLIS: So we'll -- Mr. Manager, we'll break for
lunch and come back, or -- I think our court reporter may be in need of
a break.
COMMISSIONER FIALA: You mean because she looks like
March 13, 2018
Page 95
she's drooping close to the ground already?
CHAIRMAN SOLIS: Do we have any speakers on the next item,
the --
MR. SHEFFIELD: On Item 11D you have four registered
speakers. There's no other speakers registered for any other items at
this time.
CHAIRMAN SOLIS: What's the Board's pleasure? Move
forward. The court reporter's okay. Let's keep going.
Item #11D
DIRECT STAFF TO EITHER 1) PREPARE AN ORDINANCE TO
BAN MEDICAL MARIJUANA DISPENSING FACILITIES FROM
LOCATING WITHIN THE BOUNDARIES OF COLLIER
COUNTY, OR 2) TO CONTINUE TO PUBLICLY VET A LAND
DEVELOPMENT CODE AMENDMENT TO PERMIT MEDICAL
MARIJUANA DISPENSARIES IN THE SAME ZONING
DISTRICTS AS PHARMACIES - MOTION TO APPROVE
OPTION #2 – APPROVED
MR. OCHS: Item 11D is a recommendation to direct staff to
either prepare an ordinance to ban medical marijuana dispensing
facilities from locating within the boundaries of Collier County or to
continue to publicly vet a Land Development Code Amendment to
permit medical marijuana dispensaries in the same zoning districts as
pharmacies.
Mr. Bosi, again, will present or respond to questions from the
Board, whatever the pleasure of the Board.
COMMISSIONER TAYLOR: County Manager, could you drop
that down so I could see what the titles are above. Okay, great. Thank
you.
March 13, 2018
Page 96
MR. BOSI: Mike Bosi, Planning and Zoning Director.
What I have put on the visualizer is staff's query into how the
local governments within the Southwest Florida region have responded
to the options that are provided in terms of how localities can treat
dispensary facilities for medical marijuana.
When this issue came up in 2017, we discussed the regulation of
medical marijuana dispensaries with the Board of County
Commissioners who expressed a dissatisfaction with the State's
limiting options that were provided to the localities, meaning that you
can prohibit them, ban them, or that you can treat them like a
pharmacy with an additional location criteria that it could not be within
500 feet of a school.
The Board had expressed a desire to place further locational
restrictions upon these facilities, and the hope was that the 2018
legislative session from the State was going to provide that leeway that
has -- the State's legislative session has concluded. There were no bills
that affected the local government's ability to further regulate medical
marijuana dispensaries. Ultimately, we have a moratorium that has
placed a temporary stop upon the development of these facilities till
June of this year.
Recognizing the time that it takes to shepherd an LDC
amendment through the process, staff's concerned that we would not
make the time frame of the moratorium, the moratorium expires, and
we will have not addressed the issue.
So we're back to the Board with two options: Either to ban them
or to accept them as pharmacies with the 500-foot limitation towards
schools, and seeking the Board's direction on this.
CHAIRMAN SOLIS: Hear from the speakers.
MR. SHEFFIELD: The first registered speaker is Graham
Ginsberg, and he'll be followed by Chris Halaschak.
COMMISSIONER McDANIEL: Mr. Ginsberg is not here.
March 13, 2018
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MR. SHEFFIELD: Chris Halaschak, and he'll be followed by
Yvette Jones.
MR. HALASCHAK: Hello. Good afternoon, Commissioners.
My name is Chris Halaschak. I'm in favor of the medical marijuana. I
feel that it would be a benefit to the county directly and indirectly and
also feel that -- down the road that the growing trend is going towards
more states opting for this medical benefit for people.
I guess I also wanted to -- I kind of wanted to speak on 11E, but --
I was going to do that prior, but you went to 11E first. I own a
property that is agricultural and also qualifies for the area to be a
medical marijuana treatment center. And I was just wondering if the
Barron Collier, having the affirmative zoning verification, is that any
significance to other people doing it in the future? And that's, I guess,
part of my question, and were they, like, invited to do that, or do we
need to apply for that?
CHAIRMAN SOLIS: It's something you have to apply to --
apply for.
COMMISSIONER McDANIEL: It's part of the -- for the -- to
have the dispensary, we call them the gold tickets, but that's -- in order
to have the approval, it's -- a portion of the approval process is your
zoning verification letter.
CHAIRMAN SOLIS: For any kind of development.
MR. HALASCHAK: As far as I know, Barron Collier is not
listed as one of the golden ticket people yet.
CHAIRMAN SOLIS: No, no.
COMMISSIONER McDANIEL: This is your application for it.
MR. HALASCHAK: And what is my process?
CHAIRMAN SOLIS: I mean, any time you're going to do any
kind of development -- and maybe the Deputy Manager can clarify this
so I don't misspeak.
MR. CASALANGUIDA: Well, some of them are by right, and
March 13, 2018
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staff understands it. But usually an applicant, before they expend
funds developing, they'll apply for a ZVL to get that surety.
And whether they apply for a state license, they're just basically
saying, does this property qualify. They get that, and if they move
forward with a state license, they have that in their hand already.
MR. HALASCHAK: So the mission's going to be going forth --
everybody that applies for this, the Commission's going to be
approving or disapproving everyone such as Barron Collier in the
future?
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN SOLIS: I think we're getting outside of the issue.
This is just a standard permitting issue that -- the only difference is that
it came to the Board. A property owner that wants to do something
with their property usually asks for a zoning verification from the
county for the county to, yes, you can do what you're planning to do
there.
They can opt not to, but then they're at risk. And so it's just the
normal process that we're talking about. And, certainly, I think if you
touch base with Development Services, they can clarify that for you.
MR. HALASCHAK: Okay. So the Board is in the process of
approving such as Barron Collier?
COMMISSIONER TAYLOR: No.
CHAIRMAN SOLIS: That's not what we -- right.
COMMISSIONER TAYLOR: What --
MR. HALASCHAK: Why is it that they had to approve them?
MR. CASALANGUIDA: I think for this item it came in front of
us, and we wanted to let you know in parallel with the item that you're
hearing now, this item, you've got a request in for a ZVL. Staff is
basically saying it's an allowable use, and we're going to have the
Board look at it and, County Attorney, put it on the record and affirm
what we did.
March 13, 2018
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COMMISSIONER McDANIEL: It is my understanding that, as
a portion of the application, you have to have a ZVL.
MR. HALASCHAK: I understand.
COMMISSIONER McDANIEL: That's -- in order to apply for
one of those facilities, you have to have a ZVL. And our staff, in an
abundance of caution as opposed to just issuing it, came to the Board
for that physical approval.
MR. HALASCHAK: Okay. I understand. I didn't know if there
was something put out to somebody saying if you're interested in doing
this, you need to do that and that they're going to be limited to this one
corporation.
CHAIRMAN SOLIS: This is just a process.
MR. HALASCHAK: I understand. Thank you.
COMMISSIONER FIALA: What's a DVL (sic)?
COMMISSIONER McDANIEL: ZVL, Zoning --
CHAIRMAN SOLIS: Verification Letter.
COMMISSIONER McDANIEL: Verification. Thank you, Mr.
-- Commissioner Solis.
COMMISSIONER TAYLOR: I may misspeak, but I believe that
the limitation is on the state level because they only allow 10
throughout the state of Florida.
COMMISSIONER McDANIEL: Seventeen. I think it's 17.
COMMISSIONER TAYLOR: Seventeen. So you're up on that.
Thank you.
MR. SHEFFIELD: The next speaker is Bill Barton. He will be
followed by Yvette Jones.
CHAIRMAN SOLIS: If the next speaker can go ahead and go to
the microphone, that would be great.
MR. BARTON: Good afternoon, Commissioners. For the record
again, my name is Bill Barton. I reside at 106 Mooring Park Drive,
City of Naples.
March 13, 2018
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A couple of thoughts for you today that you might consider. The
first, your staff has basically asked for your direction in their moving
forward with a draft of or the other ordinances that would either ban or
allow dispensaries in Collier County. I might suggest to you that you
instead ask your staff to prepare both of those draft ordinances.
Neither of them are very complicated. They're not going to take much
of your staff time. But you'll then have both of them available to you
at the point in time that you want to adopt an ordinance on this issue.
Why am I suggesting that? We -- I know for a fact that there are
currently deliveries being made in Collier County of medical
marijuana products. I know that for a fact because I called one of the
dispensaries in Broward County and asked them if they were
delivering in Collier County. They told me, yes, we have a regular
delivery schedule in Collier County. We've recently learned that
dispensaries in Lee County are also delivering in Collier County.
I would suggest it might be worthwhile for you as a commission
to have a better understanding of whether or not delivery is a better
option for these citizens of Collier County that are going to be
registered in the state to use these products rather than dispensaries.
We look at the world today -- frankly, I get my medication
delivered to my home, as do many, many people.
I might also point out that marijuana -- those that are on medical
marijuana, in many cases they themselves are too ill to go to a
dispensary, so they're going to be -- they're going to have to have
delivery made to them either by family members or by a commercial
delivery.
You look at the number of folks that we expect to be registered in
Collier County, and statistics would tell us that's going to be about
4,400. Think about that; if half of them are being delivered anyway
and we only got roughly 2,000, is it even worthy of us to have
dispensaries, or would it be better for us to just rely on a dependable
March 13, 2018
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and reliable delivery system that will be cost effective because the
drugs that are delivered to me -- prescription drugs delivered to me,
there's no charge for that. The marketplace will get rid of the expense
of delivery.
So I would suggest you have both of them drafted, ask your staff
to study the delivery process to see if it's working well and, if it is, it
gives you more information when you make this decision ultimately.
COMMISSIONER McDANIEL: Thank you.
MR. SHEFFIELD: The next speaker is Yvette Jones, and she'll
be followed by Jeff Field.
MS. JONES: Hi. My name's Yvette Jones, and I am CEO of
Crone's Charity Service Foundation.
Dispensaries, delivering is not as easy as we speak on it. I have
patients who go to the doctor, get their recommendation, they're able to
-- they get a pamphlet saying you can get from here, here, here, here.
You can order online, and we will -- not online. You can -- yes, you
can. You order online or over the phone, and you can get your product
delivered to you.
The problem is some of the deliveries don't get to the person or
when they get the delivery it's not what they want, and once they
accept it they paid for it, and it's, like, $30 or something for the
delivery. And I got patients that have product, and going back and
getting more product, instead of doing that, now they're on the road.
And if it's raining and they run out of product, they're on the road
going to Lee County or Charlotte County, depending on if they're
going through True Leaf or Satori or -- it's a mess.
I really want to focus on my Collier County people, and most of
them, the age is, like, from 65 to 77, and they're doing whatever it
takes to be able to have that quality of live without pain.
So -- I wrote a lot of stuff here, and he opened up a door, you
know, that it's not as easy as you guys can think.
March 13, 2018
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We do need a dispensary here. Delivery is not all what it's up to.
And it's a demand. We don't even have a supply to handle the people
now. So it's really crazy. I'm very happy about the Collier industry
having a dispensary, or whatever you just processed a few seconds
ago. It's a greenlight for me. It's very -- and even if they deliver to the
people, maybe they can deliver cheaper to our people. And if they
don't like what they have, maybe they'll be more, you know, kind to
change up and refund them back. There's no refund. When you buy it,
you buy it. That's it.
So sorry I went off-line here on what I wanted to say, but if the
commissioners could consider, it would benefit our people, our seniors
and get them off the road. And it's helping a lot of people. And the
opioids addiction is just out of hand. And they're already high off of
Zoloft. Do you want them to go on the highway and run to Fort
Myers? I'm just -- that's it. Thank you.
CHAIRMAN SOLIS: Thank you.
MR. SHEFFIELD: The final speaker is Jeff Field.
MR. FIELD: Good afternoon, Commissioners.
For the record, my name is Jeff Field. I represent the cannabis
industry, and I work with cannabis businesses across the country and
here in Southwest Florida.
I also work with a number of physicians and researchers who use
medical cannabis to treat patients with diseases ranging from cancer
and epilepsy to Alzheimer's and Parkinson's.
I'd like to share a couple statistics with the Commission. As of
today, approximately 1 percent of Collier County residents suffer from
epilepsy and about one-third of those patients are deemed intractable
meaning typical prescription seizure medications do not work for
them.
One in 10 Collier County residents age 65 or older will develop
dementia or Alzheimer's; one in 10.
March 13, 2018
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Back in 2016, in November, 64 percent of Collier County voters,
the same voters that elected many of the commissioners sitting up there
today, voted in favor of medical cannabis. If we took a poll today in
Collier County, that number would exceed 70 percent.
We understand the Commission's concerns regarding the number
of dispensaries and how many could open up based upon the state's
all-or-nothing platform that they've put into place. To my knowledge,
as of right now the county does not have any limits on the number of
pharmacies or liquor stores that are open in Collier County.
And certainly understand the fear of having too many
dispensaries would potentially promote underperforming dispensaries
to divert product into the black market. Based on that rationale, does
the commission have the same concern with CVS or Walgreens
diverting opioids to the black market?
This is not a concern because these pharmacies do need-based
viability studies in order to invest millions of dollars into the
communities they operate. Based upon the vertical integration model
that the state has put into place, businesses such as ours will be
investing the same type of dollars/research into infrastructure in the
communities that we service, and certainly I can promise you, with the
value of these businesses, we would have no motivation to divert and
risk that business and the patients we serve by diverting to the black
market.
A few other statistics from the other medical cannabis programs
that I've worked in. Juvenile cannabis use in those markets are down
because companies like ours pay for education to educate young
people about the dangers of using medical cannabis that is not
prescribed to them. Opioid overdose deaths in those markets is down
25 percent. In Collier County alone, that would be at least 16 people
that would be alive today based upon 2016 opioid overdose rates here
in the county.
March 13, 2018
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Finally, like I said, the propagation stigma and fear associated
with medical cannabis is propagated by the same companies that have
put those opioids here on the streets of Florida where at one point 95
percent of all opioid prescriptions were coming from.
CHAIRMAN SOLIS: Thank you.
MR. FIELD: Thank you.
CHAIRMAN SOLIS: Your time's up. Thanks.
MR. SHEFFIELD: There are no further speakers.
CHAIRMAN SOLIS: Thank you.
I don't have any lights on. Commissioner Saunders, do you have
anything you'd like to add?
COMMISSIONER SAUNDERS: I think we've done what we
could do in terms of delaying the opening of these dispensaries waiting
for the legislature. That didn't happen. And I'm ready to move forward
with an ordinance approving medical marijuana dispensaries as
outlined in the Florida Statutes.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: There's a motion and a second. Any
discussion?
(No response.)
CHAIRMAN SOLIS: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: All opposed.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN SOLIS: Motion carries 3-2. Did I miss that? What
happened?
MR. BOSI: Mike Bosi, the Planning and Zoning director. Just
letting the Board know that for this LDC amendment to ban medical
March 13, 2018
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marijuana dispensary we need four votes. So I think --
COMMISSIONER McDANIEL: We didn't ban them.
MR. OCHS: Not to ban.
CHAIRMAN SOLIS: To approve.
COMMISSIONER McDANIEL: We just approved --
COMMISSIONER TAYLOR: Four votes, because it's an LDC.
CHAIRMAN SOLIS: It's an LDC amendment.
COMMISSIONER McDANIEL: My understanding is --
Commissioner Saunders, you're the motion maker, but my
understanding was you were recommending that No. 2 of today's --
staff's direction is to continue to publicly vet the Land Development
Code amendment to permit the --
COMMISSIONER SAUNDERS: Yeah. At some point we have
to make a decision whether to move forward with these dispensaries or
to ban them.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SAUNDERS: I think the appropriate motion
at this point is to move forward with them in light of the fact that that
we've not been able to get any clarification from the legislature.
So the motion I would have made, or did make, was to move
forward with the option to advertise an ordinance to permit the opening
of marijuana dispensaries.
CHAIRMAN SOLIS: Why don't I -- I'll make a motion to
reconsider this item since we already voted.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER TAYLOR: Whoever's in the affirmative has
to second that.
CHAIRMAN SOLIS: Is there a second?
COMMISSIONER TAYLOR: That would be you, sir.
COMMISSIONER SAUNDERS: I'll second that. I'm not even
sure what we voted on.
March 13, 2018
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COMMISSIONER McDANIEL: Second that, third that. I mean
--
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: -- if you want to have further
discussion on it. I thought we were pretty clear on what we were
doing.
CHAIRMAN SOLIS: Well, it's just that we took a vote.
COMMISSIONER TAYLOR: We need four votes.
CHAIRMAN SOLIS: It's a Land Development Code
amendment.
COMMISSIONER McDANIEL: No, no. It's not a land -- it's
going to require a Land Development Code revision which will require
4-1 vote to revise our LDC.
CHAIRMAN SOLIS: When we get the ordinance.
COMMISSIONER McDANIEL: Correct.
CHAIRMAN SOLIS: No, you're right. Correct. So we're just
directing staff to bring an ordinance forward for us to consider.
MR. KLATZKOW: You're directing staff to bring an LDC
amendment forward to you, at which time you will vote. If the LDC
amendment does not have sufficient votes for it, you have, from a de
facto standpoint, said no to these units.
CHAIRMAN SOLIS: Right. So for purposes of today, we didn't
need four votes. We just needed a majority.
MR. KLATZKOW: You need three.
CHAIRMAN SOLIS: Okay. So then I withdraw my motion.
And, Commissioner Saunders?
COMMISSIONER SAUNDERS: All right. If the -- I'm getting
very confused here. Are we still withdrawing a motion that was
already approved; is that --
CHAIRMAN SOLIS: No. I was withdrawing my motion to
reconsider. We only needed a majority vote to direct staff to bring
March 13, 2018
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forward an LDC amendment to allow the dispensaries. Once that
comes forward, then it will require a supermajority vote for approval.
MR. KLATZKOW: That's correct.
COMMISSIONER SAUNDERS: Okay. I agree with the
withdrawal of the motion to reconsider then.
MR. KLATZKOW: Do you have time to get this done, or do we
need an extension of the moratorium?
MR. BOSI: No. Staff believes we can have this -- the
amendment to the Board by the June date.
COMMISSIONER McDANIEL: Can I ask a question?
CHAIRMAN SOLIS: We have some lights. We have lights.
COMMISSIONER McDANIEL: There's lights ahead of me. I'll
hit my light.
CHAIRMAN SOLIS: Commissioner Taylor, I think, was first.
COMMISSIONER TAYLOR: Thank you very much. And,
Commissioner Saunders, thank you for your agreement. I think you
said your agreement for the withdrawal. At this point --
CHAIRMAN SOLIS: Of his second to my motion to reconsider.
COMMISSIONER TAYLOR: Of the second -- he agreed with
that -- okay. So point of clarification. I guess you need to -- I need to
understand. Are you agreeing with the reconsideration, or are you
agreeing that the original motion stands?
COMMISSIONER SAUNDERS: Mr. Chairman, my
understanding of the original motion was to direct staff to move
forward with the LDC amendments to permit the development of
marijuana dispensaries in Collier County.
CHAIRMAN SOLIS: Correct.
COMMISSIONER SAUNDERS: If that's what we voted on,
then I don't see any need to reconsider that. So I would withdraw any
second to a motion to reconsider, if that's what we were reconsidering.
CHAIRMAN SOLIS: Correct, and that's what my motion to
March 13, 2018
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reconsider was, and I've withdrawn that as well.
COMMISSIONER TAYLOR: Okay. So then there's a motion
on the floor and a second, and it passed. We don't need four votes, we
need three, so I have nothing to say.
CHAIRMAN SOLIS: Very good.
Commissioner Fiala.
COMMISSIONER FIALA: Well, I agree. I have nothing more
to say, but I will throw in -- even though I have nothing to say, how
come I'm saying something? I fear that -- they say once you approve,
then you can have as many dispensaries as you have pharmacies, and
we have them on every street corner, so I have a great concern for that.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: This is just a point -- an
informational point. So we have approved to prepare an ordinance to
allow these dispensaries. It's going to require an LDC amendment for
that. And if we don't have a 4-1 approval on that, then what
transpires? Are they allowed or not?
MR. KLATZKOW: They're not allowed. It's one of the
curiosities of your procedure here where it's three votes for most things
but four votes for a land-use item.
CHAIRMAN SOLIS: Right.
COMMISSIONER SAUNDERS: Mr. Chairman, could I ask a
question on that particular point? If the state statute requires us to
permit marijuana dispensaries in the same locations that permit the
development of pharmacies, other than the school distance restriction,
why do we even need a Land Development Code amendment?
MR. KLATZKOW: Because your Land Development Code is
structured so that unless a use is allowed, it's prohibited.
COMMISSIONER TAYLOR: And the land-use code did not
anticipate marijuana --
MR. KLATZKOW: Marijuana --
March 13, 2018
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COMMISSIONER TAYLOR: -- dispensaries, okay.
MR. KLATZKOW: -- no.
CHAIRMAN SOLIS: So it's the opinion of our County Attorney
that we need a land development amendment.
MR. KLATZKOW: That's been the opinion of -- well, quite
frankly, it's been the opinion of zoning staff ever since I've been here,
and we've consistently upheld that.
UNIDENTIFIED SPEAKER: May I make a comment?
CHAIRMAN SOLIS: No. Sorry.
COMMISSIONER McDANIEL: We've actually had that where
the code's been silent on particular uses and, therefore, then, they
weren't allowed, if it's not specified in the code that it is an allowable
use. We've actually had that since I've been here. I found that rather
curious.
MR. KLATZKOW: I found it curious as well.
CHAIRMAN SOLIS: The only thing, I mean, I'm going to add is
consistent with what I've been saying before, I just don't know how we
can possibly ban something that's provided for in the Constitution as a
right. I mean, I think it -- and, yes, the legislature passed it, but the
legislature has, in the past, passed many statutes that don't, you know,
pass constitutional muster.
And, you know, I don't think this is even a matter of whether or
not I'm in favor of dispensaries or not. It's in the Constitution, and we
don't have that option. So that's just where I'm at.
COMMISSIONER FIALA: I have a question with that. If that's
the case and it's in the Constitution and so forth, how come all of those
cities over here banned it?
CHAIRMAN SOLIS: Because -- in my opinion? They don't care
what the Constitution says.
COMMISSIONER McDANIEL: No, no, no. The legislature is
the one that set us up for this. If I may speak for a moment.
March 13, 2018
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COMMISSIONER TAYLOR: Set us up.
COMMISSIONER McDANIEL: Well, they did.
COMMISSIONER TAYLOR: No, no. It's accurate. I'm just
smiling because I think your words are accurate.
COMMISSIONER McDANIEL: Yes, ma'am. I went and spoke
with Ray Rodriguez, our legislator, last year in regard to this. When
this question was asked of our electorate, there was nothing talking
about dispensaries, per se. And they specifically -- John Morgan, we
all know John Morgan was one of the promoters of this Constitutional
amendment, and during his public TV announcements said, local
municipalities would be able to opt out. And he get a lot of pressure
from those local municipalities that didn't want dispensaries, per se.
So the legislature abided by his public speaking to allow local
municipalities to opt out with the ban. And then the legislature put in
the provisions in preempting local municipalities, if you're going to
allow them, you've got to allow them per the pharmacies with the
statutes -- the state's preemptive language as to where and when and
how many you can have. And that's where I believe we were misled.
I was let down by the legislature in their not bringing this issue
back up just for further clarification. I would have liked for us to be
able, as a local municipality, to abide by the constitutional amendment
that was elected -- or voted on and put forth by the electorate and
maybe put provisions that were, like we oftentimes do in our
environmental land-use regulations, more stringent than what the state,
in fact, has.
We would have been able to come to a consensus on maybe how
many of these were going to be allowed in our community based upon
a population of need and such, but we're not. It's yes or no.
And the electorate wasn't asked that. And it's put -- as you know,
I've voted consistently along to allow these dispensaries, and I feel, as
Commissioner Solis does, this is a constitutional amendment, and I'm
March 13, 2018
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put in a precarious position because it wasn't what the electorate was
asked.
CHAIRMAN SOLIS: Thank you.
The only other thing I would just point out is, and -- I don't know
if the County Attorney knows this, but there have been challenges to
the bans in Florida, and --
COMMISSIONER McDANIEL: Oh, really? I didn't know that.
MR. KLATZKOW: Commissioner, I don't necessarily disagree
with you. Having said that, all laws, whether they're statutes or
ordinances, are deemed to be legal until a court declares otherwise, and
that's just --
CHAIRMAN SOLIS: Well, this is my point is that there are
challenges to this, to the bans pending in the state of Florida, and I was
wondering if you knew off the top of your head how many of the ones
that were banned on there that there's pending litigation. I think there's
at least three or four.
MR. KLATZKOW: There's a bunch of them, yes.
CHAIRMAN SOLIS: So, anyway, I think we're belaboring the
point, and we've already taken a vote. And our court reporter needs a
break.
COMMISSIONER TAYLOR: That's right.
MR. KLATZKOW: Her fingers are smoking.
CHAIRMAN SOLIS: So we will adjourn till 1:40.
COMMISSIONER FIALA: How about 1:45? Give us a whole
extra five minutes.
CHAIRMAN SOLIS: A whole extra five minutes. Okay. 1:45.
She's not feeling well.
(A luncheon recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike. Is
Commissioner Saunders back on the line?
MR. SHEFFIELD: I believe he is.
March 13, 2018
Page 112
COMMISSIONER SAUNDERS: Yes. This is Commissioner
Saunders.
MR. OCHS: Thank you, sir.
COMMISSIONER SAUNDERS: Thank you.
Item #11G
TOURIST DEVELOPMENT TAX FUNDING, A WAIVER OF
COMPETITION AND A ONE YEAR CONTRACT FOR WEBSITE
SERVICES WITH MILES PARTNERSHIP, LLLP, IN THE
ANNUAL AMOUNT OF $300,000, AUTHORIZE THE
CHAIRMAN TO EXECUTE THE CONTRACT, AND MAKE A
FINDING THAT THIS EXPENDITURE PROMOTES TOURISM –
APPROVED
MR. OCHS: We're moving on to Item 11G, which was
previously Item 16F3. This was moved to the regular agenda at
Commissioner Taylor's request. It's a recommendation to approve
tourist development tax funding, a waiver of competition, and a
one-year contract for website services with Miles Partnership in the
amount of $300,000, and to make a finding that the expenditure
promotes tourism.
Mr. Wert will present or respond to questions.
MR. WERT: Thank you, County Manager. For the record, Jack
Wert, tourism director.
The essence, Commissioners, of this request is that we're looking
for a one-year agreement with our current website company, and in
this year period of time we will do an RFP solicitation for these
services. That process takes about six months to do. If a new vendor
is identified during that RFP process -- there's certainly a good deal of
startup time and so forth. We feel that we would need to run a parallel
March 13, 2018
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website with both companies for several months to be sure everything's
up and running. So that's the primary reason we're asking for this
one-year contract.
Presently, the contract with Miles has expired. It expired
February the 24th, so we really, at this point in time, don't have any
maintenance backup for our website.
So that -- a couple of other just little items that I think are
important. This company we have done business with for a number of
years. Just this past year Miles garnered 155 different awards for the
websites that they manage. Twenty-five of our 50 states, the tourism
organizations, use Miles Media for their websites. The State of Florida
is one of those.
Also, 44 cities and counties also use this company, including
ourselves. So I just thought maybe we should put that into perspective.
Commissioner Taylor, you had asked some questions, and I do
have answers for those, if you'd like me to go through those.
COMMISSIONER TAYLOR: Yes, please. Thank you very
much.
MR. WERT: The first question was this contract is for design
and maintenance of the website. Are there any other areas in tourist
development that we contract with Miles? Currently no current
contracts. The website services contract we've had, and we've gone
through several RFP processes with them, and they've won that bid
each time.
We did have a previous contract with Miles to also produce our
visitor guide, and two years ago in the RFP process, another vendor
was chosen. Interesting to note the web and the visitor guide database
are really the same thing. So right now we still have to use Miles to
develop all of our listings for that visitor guide even though the visitor
guide's produced by another company.
That website development the last couple of years has been about
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$175,000. And that contract that we had for our visitor guide ranged
between 25,000 and 40,000. So that, I hope, answers that first
question.
COMMISSIONER TAYLOR: It does, thank you.
MR. WERT: The second question was, do we have in-house
capabilities for website design and so forth, and the answer is no, we
do not. We do some work on our own to update listings and that type
of thing, but it is not of a technical nature. Anything that gets into
design of a new page, a landing page, new designs so that our website
looks like our advertising, we definitely do need Miles to do all that.
And that's pretty sophisticated technical work, and we want to
out-source that and have for years and years to a company with the
qualifications that Miles does have.
That is regular staff only. We don't have a specific amount of
money in the tourism budget to specifically say this is for web --
in-house website maintenance. Most everything is done out-sourced
because it's most always of a technical nature.
COMMISSIONER TAYLOR: But do you have folks that are
digitally --
MR. WERT: Yes, we do. We have one staff member, Buzzy
Ford, who was our digital and social media person, and he does some
of that work. He's also posting on social media. He's also really over
-- in fact, his job in the last 18 months was really overseeing the
complete resign and relaunch of our new website, which we actually
launched February the 15th of this year.
If you go to paradisecoast.com, you'll really see a whole new
design and look, and it was built from mobile up. In other words, you
start with what does it look like on a mobile phone, and then you build
it out from there. So it has all the most up-to-date bells and whistles
you could have.
The third question was --
March 13, 2018
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COMMISSIONER TAYLOR: You answered that.
MR. WERT: Did I answer that?
COMMISSIONER TAYLOR: Yeah. That was good. You
started off with that. That's exactly what I thought; let's not get
ourselves into it.
MR. WERT: Sure.
COMMISSIONER TAYLOR: And I wasn't presuming that you
were, but I needed --
MR. WERT: Understood.
COMMISSIONER TAYLOR: -- reassurance that there's -- the
process is in tandem.
MR. WERT: They are in tandem, and we manage what Miles
does, but we don't do beyond the really day-to-day updating listing for
a partner, that type of thing. We do that. We can put new photographs
on the website. But if it's a new landing page, something like that, we
actually work with both the ad agency and Miles to make sure that
everything looks the same. You see it in an ad; it looks the same when
it gets to the website. So that's the work that we out-source to Miles.
The third question, would it be possible to not do a contract and
simply do a month-to-month arrangement with Miles? And I guess the
answer is yes, you could, but most all of the services that we have for
analytics, for search engine optimization are all also out-sourced to --
Miles out-sources those to other providers. Our analytics, for instance,
is through Google Analytics. That's an annual contract that -- if we
don't have a contract with Miles, I can't use those services. I'd have to
go get them on my own, and I think that would be more expensive
because they buy, for a lot of their different clients, that same analytic
process.
The other thing that I think might happen is that if we go
month-to-month, then some of those services we'd have to do purchase
orders every month, and that process is -- it takes some time. I'm afraid
March 13, 2018
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we couldn't stay current if we had to do that every month.
COMMISSIONER TAYLOR: As I say -- I'm sorry. I miss -- I
think I interrupted you --
MR. WERT: No problem.
COMMISSIONER TAYLOR: When you said that we're going to
go out for an RFP now, we're going to have a six-month search, and
we're going to know in six months who's got it, if it's someone
different. You've got that six months built in there to make that
transition --
MR. WERT: That is correct.
COMMISSIONER TAYLOR: -- because it has to be transferred.
MR. WERT: Absolutely.
COMMISSIONER TAYLOR: I'm very comfortable with that.
Thank you very much.
MR. WERT: You're quite welcome, thank you.
COMMISSIONER TAYLOR: I move approval of Agenda Item
16F3.
COMMISSIONER FIALA: Second.
CHAIRMAN SOLIS: There's a motion and a second. Any
discussion?
(No response.)
CHAIRMAN SOLIS: And no speakers?
MR. SHEFFIELD: No speakers.
COMMISSIONER McDANIEL: My button was on. Did I not --
did my light not go on?
CHAIRMAN SOLIS: No. It's not on. Go ahead.
COMMISSIONER TAYLOR: You have to keep hitting it.
CHAIRMAN SOLIS: It turns on, and then it turns off.
COMMISSIONER TAYLOR: You're going to have to just do
this.
COMMISSIONER FIALA: Hold your finger on it all the time.
March 13, 2018
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COMMISSIONER McDANIEL: Yeah. I hit the button earlier,
and I would have seconded.
It's for discussion purposes. And, Commissioner Taylor, I want
to thank you for bringing this forward. I had some questions on this
amount yesterday when I met with staff.
Have procedures been put in place to guard against the expiration
of a contract past facto like we're doing right now?
MR. WERT: The answer is yes, and we did start last fall, but
things just got bogged down, and we didn't get it done in time. That's
why we try to build six months -- starting in November wasn't enough
time, so we ran out of the time to do that.
COMMISSIONER TAYLOR: It was a late --
MR. WERT: But, yes. The answer is absolutely yes. And, in
fact, we're working with procurement right now to really put a much
more fail-safe program in that we are getting way longer lead time to
do this, because the process does take, as I said, about six months to
do.
COMMISSIONER McDANIEL: Obviously.
MR. OCHS: When did it expire?
MR. WERT: February the 24th is when the contract expired, and
you recall we were on the last agenda. We thought we were going to
get it done but, unfortunately, we had to come back with some
additional information.
COMMISSIONER McDANIEL: Well, that was my main
concern. I just want to -- and maybe -- and if you are discussing
having longer-term contracts and/or fail-safes that procedurally catch it
in a timely manner so that we're not put into positions such as what we
are, then I'm okay.
MR. WERT: Believe me, I want those, too, sir. I don't like being
up here asking last minute for this any more than you like approving it.
CHAIRMAN SOLIS: Anything else?
March 13, 2018
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(No response.)
CHAIRMAN SOLIS: So there's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
MR. WERT: Thank you, Commissioners. Thank you very
much.
COMMISSIONER TAYLOR: Motion carries.
MR. OCHS: Thank you, Jack.
Item #11F
RESOLUTION 2018-53: ADOPTING THE FY 2019 BUDGET
POLICY – ADOPTED
MR. OCHS: Mr. Chairman, that takes us to Item 11F, and this is
a recommendation to adopt the Fiscal Year 2019 Budget Policies. Mr.
Isackson will make the presentation.
MR. ISACKSON: Good afternoon, Commissioners. For the
record, Mark Isackson with the Office of Management and Budget.
Give them a second. I'll pull this baby up.
Commissioners, each year we're before you seeking your
guidance and wisdom as we begin the budget process. This year for
FY '19 it's a pretty challenging environment as we've had a chance to
talk individually about the factors that are influencing budget policy
for FY '19.
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There are some action items connected with this, obviously, first
and foremost being the enactment of the policy document and/or
changes that the Board might have as it goes through possibly on an
exception basis.
The second item is to establish submittal dates for budgets for the
Clerk of the Circuit Courts, the police -- the Sheriff's Office, and the
Supervisor of Elections. These are calendar issues that we'll go
through. As we go through the PowerPoint, we can pick up on those.
We've also established some dates for the final -- the preliminary
and final budget hearings and also for the workshop dates, which are
scheduled in June.
Some of you may wonder, looking at the volumes of information
that were provided in the packet, why we do that. And it's obviously
for those consumers of financial information, and there are many out
there, not necessarily internal to the agency, although that's important,
but external to the agency; rating agencies, bondholders, things of that
nature that like to see what we're planning for, what our philosophies
are as we pull together the budget document. So that gives you a sense
for why we just sit here and scribe out pages and pages and pages of
information. It does have a purpose.
I will tell you that this year's planning environment has been
challenging. We think taxable value will not go up as much as it has in
the past. I'm working on it right here. I'm technologically challenged.
MR. OCHS: Can't take him anywhere.
MR. ISACKSON: The highlights of the budget, obviously, when
I reference pages -- policy document pages, Commissioners, on the
bottom of the document, there are page numbering, and that's where I
reference policy document pages. I don't think I'll get to that during
the course of our discussion, but there may be a point where I would
reference a particular page in the policy document.
So we have key policies for consideration and Board direction,
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continuing policies to be endorsed by the Board and, obviously, we do
annually a three-year projection of the General Fund and the
unincorporated General Fund, which I often refer to as the general
governmental aspect of our budget document.
Again, the suggested guidance action, after due consideration,
that the Board approve all recommended budget policies with any
changes dealt with on an exception basis.
First and foremost, policy decision that the Board makes in any
given year is where your millage rates are going to be. As I mentioned
in some of my opening remarks, Hurricane Irma has provided what we
might term an uncertain environment from a revenue standpoint and
has forced what I would call a very different cautionary
expense-planning environment. I think the term I used in the budget --
or in the narrative was we need to think as if we're in a recessionary
environment going forward until we actually begin to receive
reimbursement revenue in.
The budget's going to be planned around a 6 percent taxable value
increase. Last year, or the current fiscal year that we're in, that taxable
value increase was 8.4 percent. The year before that was about 10 and
a half-ish.
We're suggesting a General Fund millage rate of 3.5645, which is
your current millage rate, and I've listed some reasons below as to why
we think that's prudent for the Board to provide us. Chief among those
is my continued discussion about our heavy reliance on property tax
revenue, which averages about 70 percent of our general governmental
revenue sources. Of a $413 million General Fund budget, 297 million
of that is funded through property taxes.
Growth and reserves is important to ensure sufficient year-ending
cash, provides a buffer against unexpected expenses, such as the
hurricane, and Board policy shifts. Each year the Board has debate
and discussion. This gets into the flexibility of the budget document.
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And flexibility is important because it's one of the key financial
mechanisms that the rating agencies has lauded our financial planning
model as being a flexible enough document to react to many changes
and nuances that occur in county budgets or municipal budgets
throughout the course of any particular fiscal year, and it's capable of
surviving recessionary environments should they creep up on you in an
unexpected nature.
We ensure that dollars are available to cash flow and other natural
disaster. We don't want to think about it, but three months from now,
you're going to be into another hurricane season. We have a fiduciary
responsibility to make sure, from a public, health, safety, and welfare
standpoint, that we can cash flow another event.
We need to make continued investments in our public safety
operations, continued investments in our general governmental capital
infrastructure, operate and maintain new capital facilities and, oh, by
the way, there's an additional homestead exemption looming out there
which will provide a built-in circuit breaker for those taxpayers of the
community.
The Unincorporated Area General Fund is suggested to maintain
the millage rate at .8069. That will allow for continued prosecution of
the median landscape program. That's in the form of an equivalent
transfer from Fund 111 to Fund 112, the Capital Fund, and then the
maintenance costs for all of our landscaping operations except those
few that are paid for in MSTUs are all out of Fund 111, the
Unincorporated Area General Fund.
And the existing millage rate for what I might term the operative
millage rate of .7161 is used to fund operations and capital transfers.
We had a little discussion about MSTUs this morning. We've got
a few MSTUs out there; 12 have had millage-neutral rates going into
'18, three were at rolled-back rate, and four were at other rates,
depending on their particular ordinances and the advisory board
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recommendations.
So we're suggesting that those with advisory board oversight have
tax-neutral rates, which was rolled-back rate, the same revenue as last
year, to millage neutral, and no advisory board, we generally try and
hold that to the rolled-back rate or something less.
Let's talk a little bit about the hurricane. I think there's some, I
don't want to say misunderstanding, but I think cash-flowing the
hurricane is something that we do as part of our normal business, but I
think those folks in the community, I don't think, understand or
appreciate the level of expenditure that's required to go through and
clean up after one of these events happens in the community.
We've set up budget, and setting up budget is completely
different, obviously, than what we expend, but if you don't have
sufficient budget, you can't very well expend the money.
So we want $170 million in budget setup. We spent about 76
million to date, and we expect to expend anywhere between 110- and
125 million, and there's a -- there will be a local share of that which
will be in the probably the 20- to $25 million range depending on how
it all shakes out.
Of importance to me, in my office, and the County Manager's,
obviously, is when we think we're going to get reimbursement revenue
in. I don't expect that a significant amount of money will be received
until after October of 2018, which is the beginning of our FY 2019
fiscal year.
We've told the Board before, and every board meeting you
receive a report from my office that talks about the budget
amendments that have been processed to restore and repair the
community going forward. We've done 78 to this point in your report,
and there were three specific techniques utilized.
First of all, we identified funds where there is sufficient cash.
There are families of funds that we deal with. Public utilities has a
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family of funds, our general governmental side with the General Fund,
and the Unincorporated General Fund, that's their family of funds. We
talked a little bit about Pelican Bay this morning. They have a family
of funds.
So when we identify how we're going to prosecute this thing and
what monies are going to be made available to combat the hurricane,
we first look at where the cash is, and where there is sufficient cash we
identified that we would recognize FEMA revenue. Or as I always
say, nothing behind FEMA revenue until it comes. So we must make
sure that we've sufficient cash there.
The second technique that we utilized was where there isn't
sufficient cash within those family of operating and capital funds, we
defer capital projects and move those dollars into the appropriate
accounting system so that we could pay for certain expenses connected
with the hurricane.
And the third was the use of reserves, and we have used reserves.
We've used about $22 million of General Fund reserves, and we've
used some reserves in the public utilities family of funds.
So when you coddle all that together, you come up with a strategy
to pay for hurricane expenses.
I will tell you, Commissioners, in this particular slide the
takeaway is that debris removal is about, while we say 62.3 -- I don't
like to be that precise -- I think we're going to the 70 percent range
when it's all said and done, when you factor in debris removal from
canals and things of that nature.
So 70 percent of 100- to $125 million, you know, you're looking
at a substantial amount of money: $70 million plus for removal of
debris in the right-of-ways and out of canals.
I will tell you that we will continually monitor, from a budget
management standpoint, all of our reimbursement proceeds. And once
those proceeds come in, we will redirect those proceeds to the
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appropriate donor funds, and then we'll make decisions about reserve
replenishment and capital project replenishment once those dollars are
deposited back to the affected funds.
One other point on that, Commissioners, is that I'm not going to
keep $170 million out there from a budget standpoint unless I have to.
I'm waiting for the first tranche of FEMA reimbursement revenue that
comes in before we make decisions on reducing budget allocations
back to a point and redirecting those budgeted dollars back to, again,
the donor funds.
Commissioners, I thought this slide might be helpful. You know,
we have a billion -- we have a budget of a billion 700 million dollars.
That's a gross budget. And I wanted to give you some sense of scale
when it comes to were those dollars are actually allocated. We have
some over 200 funds. We have, obviously, the general governmental
funds that I've talked about, and you see the big pie chart there where
about 24 percent of our dollars are allocated, what we call General
Fund.
Within that General Fund there are various transfers that go out to
constitutional officers, and that slice comprises about 13 percent.
Because you've got to remember, when you talk about gross, you're
also talking about all these intergovernmental for transfers and reserve
dollars, and that's to the tune of about $500 million. Those are what
we call double counts. So this takes into account some of those double
counts.
On the special revenue side, you've got your Unincorporated Area
General Fund. This is some of the highlights you can see in the slide.
Your TDC funds, et cetera, et cetera.
On the enterprise side, that comprises another big slice. A lot of
these funds are fenced off. Now, we have used interfund loans in the
past. That's certainly permissible, but there's payback periods and
things like that.
March 13, 2018
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You know, we talk about money being fungible. In this particular
case, people say, well, you've got -- your budget's a billion seven; you
ought to be able to do this and that. You have some limitations
connected to it, and that's what this slide's attempting to portray.
Here is a General Fund slide, Commissioners, and it gives you a
little sense of how the breakdown occurs in the General Fund. We
might classify expenses in terms of health, safety, and welfare, debt
service mandates. And on the left there, on the general governmental
slide, those might be considered discretionary. You also have some
substantial capital transfers out that are contained in that discretionary
side, like roads and like the facilities.
You have a substantial EMS component over on the right-hand
side under health, safety, and welfare. So that just gives you a
breakdown of the -- what a pie might like look broken down by some
categories.
Commissioners, this slide is interesting. Information just jumps
out at you. This is a slide that depicts our planning pro forma for 2019.
That is on the left-hand column. The right-hand column was last year's
planning pro forma between '17 and '18, and '18 and '19. A couple of
takeaways here: Your ad valorem tax is your increase from '18 to '19
on the levy is 17.9 million; that's under a 6 percent planning scenario.
Last year it was a little over 23 million, which is the -- obviously, the
vast majority of revenue that comes into the General Fund.
On the expense side, what's interesting to note from a public,
health, safety standpoint, that the Sheriff's transfer last year at 11.4
million, for FY '19 we're replanning about the same amount of money
under a different and lower taxable value planning scenario.
Obviously, then you have County Manager operations. But look
at your reserve column. Now, how do I get my reserves up by $5
million, which is necessary in order for me to hit that beginning
cash-flow mark that we're constantly talking about? If you look up on
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top under revenue under carry forward, you see that last year I
increased my budgeted carryforward by $5.4 million. Due to the
hurricane and other circumstances, that carryforward balance is
actually down by 2-and-a-half million dollars.
So what does that mean? That means something has to suffer for
me to get my reserves up, and what suffers are your capital transfers
out right now. That's what's suffering at this point. If you look at the
capital transfer line on the bottom, it was up 5.6 million dollars. Now
it's down 1.7.
COMMISSIONER TAYLOR: And we're talking about deferred
maintenance?
MR. ISACKSON: Well, yeah. And those are items that --
Commissioner, that account for normal transfers from the General
Fund to roads, transfers to parks, things of that nature. Those are
capital -- particular capital transfers that are intended to maintain and
provide some new capital to some of our areas.
So that's the -- I think those are the takeaways from that particular
slide and the nuances as we sit around the table and plan for what we
think's going to happen in '19.
Then we have agency allocations, and we wonder why that's
important. There's a pie chart in the narrative that talks about what
percentage of the budget is constitutional officers, what percentages
are the County Manager's agency. And when we say increases or
decreases, should revenues fluctuate? We would expect and hold all of
the agencies to a somewhat proportionate share of reductions should
they occur.
And I say reductions because we've been pretty in-depth over the
years -- I think I've been doing this 10 years now, at least in this
position -- where our estimate for property tax increases are generally
lower than what actually happens, and then we have an ability to prop
up certain other areas as we go to the Board with the June budget
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document, which you take a look at.
Just a moment on revenue centric. We have a lot of operations
that are supported strictly by revenue, whether it's your fee-based
operations in growth management, whether it's your fee-based
operations in public utilities, or whether it's your tourist tax
development operations in our tourist areas.
Commissioners, agency positions, similar to '18, which we had
about 40 expanded requests, your requests for '19 are going to be
limited to what we call mission-critical functions. They'll be fully
vetted with the Board, and that detail was in the budget document as
far as operating costs and any off-setting revenue.
County Manager will be recommending a 2 percent general wage
adjustment as part of FY '19 budget planning. And just to give you a
sense of scope, that general wage adjustment is about $2.6 million.
In FY '18, the package was 2-point -- or 3.5 percent, 2.9 of which
was a general wage adjustment, which totaled 3.6 million. And then
we had a pay plan maintenance component of roughly 727K this year.
Health care, the takeaway here is there will be no increase in our
healthcare costs to carve out for the employees.
Retirement rates, essentially we monitor the state, what's going on
at the state level, and we establish those rates based upon state
guidance.
Stormwater funding, Commissioners, now that we are -- the path
is on its way to potentially having a separate stormwater utility, I will
tell you a couple things. One is there's a very minimal amount of
money sitting in the General Fund for stormwater operations as
planned, and that's intended primarily to support any grant match that
we might have coming forward for those projects that might have a --
what we call a greater watershed benefit to the community.
In 111 there is a substantially greater amount of money that's
currently planned, because we really don't know the final disposition of
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the stormwater utility. We will adjust that going forward as we -- as
the Board makes its decisions, ultimately, in connection with the
stormwater utility.
But, you know, those $4.5 million, if, in fact, they're redirected,
there's many needs for those dollars, and I just listed a few there that
you can see on the bottom of the page.
Use of gas taxes. Just a couple of takeaways here. We're getting
in about $21.8 million in gas tax revenue. We have a debt service
that's in the range of $13 million. We have gas tax bonds where the
pledged replacement source is gas taxes. It's the only bond out there
that has a specific pledge right now. Those bonds expire in '23 and '25.
At that time the Board will have to make decisions about whether
you're going to re-up the tax and whether you're going to issue new
debt for what I would guess to be a plethora of projects at that time that
will be necessary to fund up.
Commissioners, this is something we've used consistently over
the years. We set aside a pot of money for our General Fund capital,
our debt service obligations, and our debt management. That number
this year is roughly $36 million that will be transferred out of the
General Fund; however, that's about, as I said before, about
2-and-a-half million dollars less than what it was in '18.
Our reserve policies, one of the more important aspects of the
policy, we're suggesting in '19 that we continue in the General Fund
with a floor of 8 percent and a ceiling of 16 percent. That, in our
current planning reserve, is roughly 45.5 million, which is above the
floor of 31.1 but well short of the 62.1 million that -- if we actually
push the 16 percent ceiling.
And you can see, Commissioners, the other funds and those
particular targets. I will say that in the water/sewer district we're
recommending the establishment of a restricted reserve in the solid
waste area, trying to get that reserve built up over a 3-to-5 period (sic)
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of 5 to $6 million to help offset the impacts of debris removal from the
hurricane and give us some initial cash flow breathing room.
This is a slide, Commissioners, that talks about financing capital
infrastructure. We haven't issued new debt since 2008. Finance
Committee meets regularly, and we consider all appropriate debt
issuance mechanisms, and we constantly evaluate our portfolio, which
includes the issuance of any new debt that might be necessary, and
that's obviously tied to Board policy initiatives, and the specific one
that's on the horizon right now is the local option infrastructure sales
tax.
Budget for '19 does not incorporate, does not program new debt;
never does. We will react to that and amend the budget accordingly
when decisions are made regarding the issuance of debt.
Finally, Commissioners, the schedule -- as I mentioned earlier,
the Sheriff, Supervisor of Elections, and the Clerk were asking that
their budgets be submitted on or before May 1. We're suggesting
budget workshop dates of Thursday, June 21st and, if necessary, the
22nd, adopt the tentative millage rates -- the maximum millage rates,
excuse me, on July 10th, the Board receives the tentative document on
Friday, July 13th, and then the first budget hearing on the 6th and final
budget hearing on the 20th of September, respectively.
Commissioners, that concludes my remarks, and I'd be happy to
answer any questions.
COMMISSIONER FIALA: I have a couple.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Thank you.
Does the landscaping plan cover the Radio Road MSTU? I
remember at one time we talked about that MSTU would be just folded
right into the landscape plan.
MR. OCHS: It is, ma'am, for that; maintenance is folded into the
landscape plan.
March 13, 2018
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COMMISSIONER FIALA: Yes. Okay, good. That's what I
remembered, but I wanted to make sure.
With all of the hurricane things that we've got in place but
knowing that we have a lack of some of the funds right now until we
replace them, if, for some crazy reason, we got hit with a hurricane
again, would we have something to fall back on?
MR. ISACKSON: Yes, ma'am. Commissioner, the -- we'd be
remiss in our fiduciary responsibility on a staff level if we didn't build
our reserves back up; get that pot back up. We haven't -- you've got --
there are funds out there, frankly, Commissioners, that you haven't
touched right now. I mean, you have $32 million sitting in your
Conservation Collier Maintenance Fund that hasn't been touched. If
need be -- and I say that -- we would go after on a loan basis, an
advance basis, those dollars to help fight any event that might happen.
That just gives you one example.
And I can't stress enough the budget flexibility issue that we have.
We built budget flexibility into this document for that very reason.
During the recession, we never came to you for rate increases. We
always made sure that we lived within our means, obviously, and we
cut substantially, mostly on the backs of your capital projects, thinking
that those capital projects can be deferred, picked up again when times
become well.
So that gives you a sense for the importance of the flexibility.
And, yes, we will have sufficient resources to combat another storm
should one come our way.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I have a -- from a
procedural standpoint, this presentation today is what staff then
develops, the written budget initiatives that go out to all of the
departments that everybody utilizes to develop their budgets from,
correct?
March 13, 2018
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MR. ISACKSON: Yes, Commissioner.
COMMISSIONER McDANIEL: So one of my questions, and it's
for us to have a discussion about, is -- my colleagues and I -- and I
applaud staff for the conservative approach for these budget initiatives,
but I'm wondering if we are conservative enough.
There is a proposed 2 percent increase in expenditures this year
over last year, and I like the idea of a global cost-controlling effort
that's put forth by the Board of County Commissioners that sets the
ultimate millage rate and, departmentally, we make a suggestion that
we stay expense neutral this year over last year.
And I have several points, Mark. How long do you want me to
ramble on? It was one of my --
MR. ISACKSON: I can just sit down, sir, and let you --
COMMISSIONER McDANIEL: Sir?
MR. ISACKSON: I said, I can just sit down.
COMMISSIONER McDANIEL: No, no, no, I won't be that long.
I won't be that long.
It was a suggestion that I was thinking about. You brought up the
Hurricane Irma expenses and very adeptly showed that $170-some-odd
million in expenses, 20- of which we're not going to get back,
minimally. We are still -- and as I might remind you, for those of us --
and I think we were all there when we met with the Governor right
shortly after Irma visited us, that we're still shy 6, $8 million --
CHAIRMAN SOLIS: Seven.
COMMISSIONER McDANIEL: -- $7 million from Wilma in
reimbursements that we have yet to receive. So my thoughts were -- 7
million.
MR. CASALANGUIDA: Commissioners, we've come to an
agreement with the State on it, and we're probably going to get about
$4 million out of that 7.8.
COMMISSIONER McDANIEL: To that end, the discussion
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about what we're going to be reimbursed and when is yet to be
decided. So that was one of the -- that was one suggestion that I
wanted to throw out there as a topic of discussion for us to maybe float
out and -- the other side is, I noticed in the three-year plan there was no
provision for the inevitable additional $25,000 homestead exemption
that's coming up on a referendum this fall that's going to equate to
another 8-and-a-half million dollars belt tightening that we're going to
have to -- we're going to have to plan for, and the sooner we start to
plan for those things, I think it's more prudent from us to do so.
Now, I'm okay with this. I mean -- and I know we're going to
have budget workshops and that sort of thing, but if we give direction
to staff today to adopt these policies as are currently written, that's
what goes out, everybody adapts to whatever the suggestions, in fact,
are, and we have a difficult time sometimes in bringing them back. So
I just -- that's one statement that I'd like to float out there.
Number 2, I'm utilizing the document that you prepared. I've got
notes on both. I read that whole 48-page -- my goodness, my
goodness. Talk about a lot of information in the No. 2 of this agenda
item. But on Page 13 I wanted to talk a little bit about the
reimbursableS that come out of the Enterprise Fund for fees and that
sort of thing, and I'd like for us to have a discussion sometime, because
we just went through an indexing process in our permitting fees and
bequeathed a, going forward, reduction in rates of $1.6 million, which
is kind of sort of rewarding -- in my mind's eye rewarding those that
are coming in the future, not those that have already paid more in fees
necessarily than what we could have been charging. And I'd like for us
to explore a reimbursement back during that index processing as
opposed to going forward.
She looks at me and doesn't say anything. So I couldn't tell if that
was a happy look or not, Commissioner Taylor.
COMMISSIONER TAYLOR: I'm just listening.
March 13, 2018
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COMMISSIONER McDANIEL: Okay. On Page 14, there was
some discussion about the stipulations on new hires and having it
being vetted pretty seriously. I'd like to make a suggestion that we
don't have any new hires and that we put the same stipulations on
replacement employees as attrition comes along just to, again, assist us
in controlling our costs.
I also like the suggestion about the 80/20 split across the board
countywide from an insurance standpoint. And if an analysis has been
done to the value of that, from an expense standpoint -- because I
know -- I know in the private sector when you assist an employee with
their expense reduction in lieu of an increase in pay, you have
expenses that travel along, FICA, MICA (sic), federal withholdings
and things that go up as an employer when you offer pay increases in
lieu of expense reductions. And I'm sure -- and I just haven't seen it,
Mark. I'd like maybe to have a discussion with you about that and the
value of that to us.
MR. ISACKSON: It might help -- Commissioners, I don't know
what -- I'm going off of a couple different page numberings. It's the
Policy Document Page 22. It's your Packet Page 197 where we list on
there the health insurance contributions by agency. It gives you a
sense of, if everybody was at 80/20, including the constitutionals, how
much savings you'd have to the agency, essentially, and it's -- I don't
know -- it's gets in part, I think, Commissioner, to your question.
COMMISSIONER McDANIEL: That was where I was referring
as well. I like the -- I like that thought process of having some
continuity if, in fact, there's validity to it. I don't want to be dictating
policy to other agencies based upon -- based upon what our thought
processes are unless there's some -- was that a sneeze, Leo?
MR. OCHS: Yes, sir.
COMMISSIONER McDANIEL: God bless you. God bless you.
MR. OCHS: Thank you.
March 13, 2018
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COMMISSIONER McDANIEL: I like the idea of continuity
across the board.
Then the only other thing, well, on this particular page, I had, was
reserves in Growth Management Department were held out there at 18
and 24 months, which seemed to be considerably higher than our other
policies. And I see Jamie standing up there in the back.
MR. ISACKSON: He's sneaking up behind me, sir? Well, then
I'll let him --
COMMISSIONER McDANIEL: That was my peripheral vision
moving over there, so...
MR. ISACKSON: He can talk much more eloquently about the
fee-based operations in GMD than I can.
COMMISSIONER McDANIEL: Okay.
MR. FRENCH: Good morning, Commissioners. For the record,
Jamie French. I'm your deputy department head for Growth
Management.
Commissioner, I appreciate you bringing up the $1.6 million
reduction that we implemented as we do go back and adjust our fees.
And the goal of Growth Management, so you know, as well as the
direction of the County Manager, has been to capture every efficiency
that we possibly can and the fact that this board just currently retained
almost a quality-insurance/quality check agency that we employed
using those Enterprise Funds to determine where yet we have not
saved our client money. So we will continue to do that.
Since 2013, I've appeared a number of times before this board --
maybe not this board, but boards in the past -- where we've taken no
less than a 3.5 percent decrease since Nick and I took over in 2010,
and now with Thaddeus and I, we've never proposed, nor do we intend
to propose, any type of fee increase whatsoever, and we'll continue to
index and capture those efficiencies.
However, where we are today -- so close of business -- let me just
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catch you up. Close of business last Friday we had -- currently, we are
averaging about 5,000 permits now per month issued. It's about a 38
percent increase. We had 900 in the queue that it could not process.
COMMISSIONER McDANIEL: We've been hearing.
MR. FRENCH: We've --
COMMISSIONER McDANIEL: I've been hearing.
MR. FRENCH: We've -- to date, through 12 pay periods, the
County Manager's worked with us, we've allowed, just in building,
close to 3,800 hours of overtime just in our inspectors, plan reviewers,
and those that process those permits.
Quite honestly, Commissioners, the epidemic that we see as far as
hiring quality staff or licensed staff affects us as well.
We've easily got anywhere from probably two to three years of
Irma-related work, and currently, just to be able to get a permit
processed -- we've had to suspend since the hurricane our five-day
guarantee. So we're averaging somewhere between eight and nine
days, business days. Still much faster than most other communities
and much further ahead than the State of Florida recommends, but yet
we've still not been able to get to that five-day guarantee on
single-family home permits.
So I apologize for that, but I can assure you that your staff down
at Growth Management, we are working diligently to get caught up.
But currently, as I said, we've gone from about 3,700 permits per
month to about 5,100 permits per month, and we will be coming back
to you asking for additional staffing very conservatively. We've not
come back to you in the last two years and asked you for staff.
And as I said -- I'm trying to go through my notes here. I
apologize. But we're going to approach this as conservative as
possible.
We're currently running just at 79 job bank associates on top of
our approved 290 FTEs. Of those 79, we have 61 of those job bankers
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filled; 18 are still vacant. We've either lost them because of attrition,
we can't replace them because there may be licensing involved or they
get recruited by the private agency but, for the most part, we have 79;
18 that we're currently seeking. We also have five -- four plus one
coming -- contract employees through Nova, which is the county's
contractor. We've requested up to five more. I just can't get them.
And they come in at about 75 to $100 an hour just to be able to get that
staff member -- those staff members. Significantly higher, of course, as
you can imagine, than what we pay our current staff.
So that was the reason for the request is that we just truly envision
we're probably -- if business shut off today, it would take us a year to
18 months just to get the 113 side of our house cleaned up, and
probably a 131, we're easily 18 to 24 months.
COMMISSIONER McDANIEL: Can I ask him a question?
Because I asked two questions that he didn't address.
MR. FRENCH: I'm sorry?
COMMISSIONER McDANIEL: There's no sorries my friend. I
covered a lot of information, and so did you. Is it okay, Mr. Chair?
CHAIRMAN SOLIS: Sure.
COMMISSIONER McDANIEL: Okay. The first question was
the 18 to 24 months estimated reserve calculation.
MR. FRENCH: Sure. So we're guided by a resolution that this
board adopts through our fee schedule that basically says that we can't
exceed 50 percent of our total budget anyway. We're not asking to
change that resolution. But what that says -- it didn't guarantee a
refund. What it says is that we'll go back and we'll look. And so if we
need to continue to index -- and we constantly have those
conversations. In fact, just this morning I had a conversation with the
CBIA president, Kathy Curatolo, about this and it came up in DSAC.
So we're constantly talking about the fees. We're constantly
looking at this. We don't believe that this is a long-term budget
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guidance item. But there's going to be a time that we're going to be at
a budget guidance. There's no doubt. Because we collect that revenue,
we issue that permit up front, and that permit stays alive all the way
through CO.
COMMISSIONER McDANIEL: Okay. And maybe I didn't
phrase the question but, you know, the recommendation of the 18 to 24
months in reserves, do you feel that's -- that's significantly higher in
reserve count than what we hold in other departments, and that's just --
do you feel comfortable with that?
MR. FRENCH: Length of time that it takes to complete the
work, sir.
COMMISSIONER McDANIEL: Sir?
MR. FRENCH: Length of time that it takes to complete the
work.
COMMISSIONER McDANIEL: Okay. And then the second
question, or the other question that I asked, and I complimented you
when you did it and with the 1.6 million reduction in fees that you
proposed last year. How do you feel about a rebate back to those that
have already paid or a reduction in fees that are already paid as
opposed to going forward?
MR. FRENCH: Sir, we're constantly indexing our fees. If we
find that -- if we find that we've overcharged --
MR. CASALANGUIDA: Jamie, let me help you out.
Commissioner, think of the person who pays the fees and who
you rebate it to. If Pulte comes in and does a subdivision for a buildout
of a road and pays it to 131, and then the road's done --
COMMISSIONER McDANIEL: Right.
MR. CASALANGUIDA: -- when you're saying go back, who
would you pay it back to? Some of these get transferred to the new
homeowner, the HOA. And then even if it was $1.6 million, and you
went across what we collected across the county, it would probably --
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half of that money would be spent trying to figure out how to give it
back to them and actually process the refund because they're very
small incremental numbers.
So you might be giving a homeowner, like, a $15 refund, you
know what I'm saying?
MR. FRENCH: Well, an example of that would be because of a
-- let's say an inspection. An inspection's about $38. We went from
$40 recently to $38.
Our cost -- and we work very closely with Crystal's office.
Typically, we use that $5 scale. If it's not more than $5, we've got
much more staff time than that invested in it. So then, therefore, there
is no savings to the county; it costs the county more money just to be
able to process that refund.
COMMISSIONER McDANIEL: I understand.
CHAIRMAN SOLIS: I think Commissioner Taylor was next.
COMMISSIONER TAYLOR: And, Commissioner Saunders --
and I say this not to alarm. But I really want to discuss this just briefly
and would welcome your input.
COMMISSIONER SAUNDERS: Sure.
COMMISSIONER TAYLOR: Given the situation that we have
with our reserves and the fact that we're not sure when FEMA is going
to reimburse us and the fact that we're facing another hurricane season
and I'm wondering -- and I value your opinion, sir, so I'm coming to
you really pointedly with this. I'm wondering if we should certainly
approve the ranking of the Conservation Collier lands, which I believe
is coming to us in the next couple of meetings, but not purchase them,
and the reason being is that it seems to me, just this commissioner, is it
would just be very prudent to hold onto that money till we get through
the hurricane season and then address it, and then we're also going to
be a lot clearer about the effort for the renewal of a Conservation
Collier amendment and re-opening that millage rate from our voters,
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which I think we should know by the end of next year -- or this year.
So I welcome your comments on this.
COMMISSIONER SAUNDERS: Well, obviously, we're going
to have a hurricane season every year, and so I don't think we need to
make any kind of knee-jerk reactions to, like, Conservation Collier. I
think we should move forward with it. But that, obviously, is a
decision that the Board will make in April.
But I think my view would be, if there are environmentally
sensitive lands on a list that's sent to us, I'd like to see us continue to
acquire those with the $17 million that we set aside almost a year ago
and not be too concerned about how we're going to deal with the
hurricane in terms of this particular program. But that's just on -- you
know, that's just my view on that particular program.
I do have some comments concerning the proposals from staff
this afternoon that, when it's appropriate, I'd like to go ahead and make
those comments.
But I think we should go forward with Conservation Collier
acquisitions because that's a policy decision that we've made, and I
think it's the right one.
COMMISSIONER TAYLOR: Okay. Thank you. That was my
comment.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yeah. Two questions, and I might
need Jamie again. It looks like we've been pretty successful -- I'm
sorry. I've got a throat-ful.
We've created so many jobs, which we've been working to do, as
well as the state has been working to, and the feds, creating more jobs
that we can, you know, keep our people employed and out there
working, but it looks like we've created more jobs than we have
produced new employees. And people aren't having their babies fast
enough, and they're not growing up fast enough.
March 13, 2018
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I was just wondering how that actually is affecting you, Jamie. Is
that why you have so many vacancies and you can't fill them?
MR. FRENCH: A couple things, ma'am. Thank you. Again,
Jamie French, for the record.
First and foremost -- and I don't want to break any HR laws, but
the average age of our inspector is about 58 years old. And in order to
-- as we start to look at a five-year plan, with them attritting, and
they're beginning to attrit now, the state has made it terribly difficult
for these licenses to be acquired, and not only that, we compete. So
when you look at a payroll, for example, if you take someone with five
years of experience as a general contractor in the private market if they
own their own firm, clearly they're probably in a 100- to $200,000 tax
bracket.
I'm now trying to get them to take a $65,000 job as a building
plans reviewer. Hard to compete in that market.
And as young people come out of school, unless you have a
Construction Management Degree and at least one year of experience,
you can't even sit for the test. So you need at least five years in the
trade. So it has made things terribly difficult. But we're all competing
from the same -- when I say that we have people taken from us, Lee
County thanks us for training such great people, that they have the --
you know, that may live in Bonita or where not -- or whatnot. And, of
course, it's just tough to get those licensed staff.
COMMISSIONER FIALA: Well, you're kind of leading right
into my second question which was, with the President's tax credits --
tax cuts and people are now paying their employees more, and we're
kind of hamstrung at the county government level because we can't
raise taxes like an individual business can, is that also hampering us in
hiring people?
MR. FRENCH: Not in the Enterprise Fund so much, not in what
we -- because of -- we have a little bit more flexibility. Nick and Leo
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have done a great job in working with us challenging us to look outside
of our community as well as the industry where they're pulling from
the same resources. And we'll continue to do that with the County
Manager and Thaddeus and Nick. And we'll let you know as we look
at those payroll -- but the Enterprise Fund we self-sustain, so the tax
basis doesn't affect us much.
COMMISSIONER FIALA: Does it affect the rest of our hiring
process?
MR. OCHS: Commissioner, I would say, generally, yes, it puts
pressure on our labor market. As you know -- as we all know, when
the economy is strong and the unemployment rate is very low, almost
historically low, it ramps up competition for talent. And in the private
sector, you know, they typically can pay more than we can. Our
benefits, at some level, offset some of that but not entirely.
So, yes, we're watching our attrition rates carefully. We're -- I
actually had a recommendation from our HR department to adjust our
pay scales for next year, and I told them I'm not going to do it because
I can't afford it, not because it's not necessarily merited. So we,
instead, back down to the CPI increase of 2 percent.
COMMISSIONER FIALA: So if we find that it's actually
hampering our way of doing business by no increases but other people
are then hiring our people away, do we get another bite at that apple if
we find that, you know, we're losing money by not spending money --
MR. OCHS: Yes.
COMMISSIONER FIALA: -- which is so often the case?
MR. OCHS: And what we do -- we've run into that from time to
time. We've done it, obviously, as Jamie mentioned, in our Enterprise
Funds both in Utilities and in our Building Department where we come
to you at midyear or at whatever point in the year we're faced with
those kind of difficulties, and we'll ask for permission to hire additional
people or, if we have to adjust certain pay ranges in specific jobs where
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we're having very difficult recruiting problems, we'll ask you to do
that, and we'll find a recommendation to fund those things.
COMMISSIONER FIALA: Good. I remember you've done that
a few times.
MR. OCHS: Yeah. It's easier to do, obviously, in the Enterprise
Funds where you have fee for service so you can -- if you have to, you
can go to reserves or even modify your fees with endorsements from
your advisory committees.
And in your General Fund and your Unincorporated Area General
Fund, those tax-supported operations, it's obviously more difficult to
do.
COMMISSIONER FIALA: Okay. Good. Thank you very
much.
CHAIRMAN SOLIS: Commissioner Saunders, you had
something else you'd like to say?
COMMISSIONER SAUNDERS: Yeah. I just wanted to say a
couple things. In terms of today's direction to staff, I think we should
keep our options open because we have the second bite at the apple in
July and the final bite at the apple in September.
So I'm inclined to accept the staff's recommendation of this
afternoon with the understanding that we may whittle things back a
little bit as we go through the budget process.
I believe that staff has done an excellent job in laying this out for
us. Back in 2017, we adopted a budget -- a millage-neutral position
during our second budget hearing. That was after Hurricane Irma, and
I'm convinced that had we not done that, we would have been -- we
would be in a very, very difficult budget situation.
And if you add on top of that the potential for an additional
$25,000 -- $25,000 value homestead exemption, if we're not careful,
we could put ourselves in a very, very significant, very, very serious
problem in terms of where our millage has to go.
March 13, 2018
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So I think that the staff recommendation for today's hearing is the
right way to go with the understanding that we can make changes as
we go along. So that would be my position on this.
CHAIRMAN SOLIS: Public speakers?
MR. SHEFFIELD: Yes. Dr. Joseph Doyle, and he's been ceded
additional time by Sandy Doyle for a total of six minutes.
DR. DOYLE: Okay. Good afternoon, Commissioners, Dr.
Joseph Doyle, Naples.
I want to start off by first thanking Commissioner Taylor for
trying to stay with the process for the Pelican Bay Services Division
this morning. I think it's very important. A lot of those fees related --
supposedly related to Irma. We could debate whether landscaping --
Irma (sic) doesn't usually reimburse for damaged landscaping -- you're
going to be reimbursed.
Although, I would like Crystal to have the Clerk monitor that
million dollars and make sure it's spent correctly and that we get
whatever should be reimbursed from Irma and it's put back into that
778 Lighting Fund. Thank you.
I do agree with Commissioner McDaniel's comments today: Are
we being conservative enough here with this budget policy
presentation?
I'd like to point out on Page 2, second to the last paragraph,
essentially county financial management is functioning as if a
recessionary environment exists until most of the expected
reimbursement revenue is received.
You'll recall that I came to you September 28th, the final budget
hearing, pleading that you go to the rollback rates for the taxpayers.
Now, I know Commissioner Saunders just said that, you know, he was
glad we stayed with the millage-neutral rate. Well, I know plenty of
small business owners, and even some large ones, who are still having
problems, all right.
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For every week that they were out of work, that's 2 percent
permanent reduction in their income. There are many people who
were out a minimum of two weeks, three weeks; waiters and
waitresses out six weeks; small businesses that still haven't totally
recouped. We have restaurants that have closed in North Naples:
Ruby Tuesdays in the Marketplace, Stonewood over on Airport. So
we -- you know, there are restaurants going out of business.
I know it looks great right now. The roads are clogged to get
down here, but that's only March, you know. We know what it's like
here in the summer. It's slow.
So what I'm trying to say is I want to put this whole presentation
into the economic context of what's really going on here. We're still, in
my opinion, suffering, and it even says here, from a recessionary
environment caused by Irma.
But what else do we have going on here? Yeah, we have the
Trump tax cut. Well, believe it or not, I was standing in line at the post
office yesterday, and one of my wealthy neighbors in Pelican Bay is
telling me that we have the $10,000 property tax cap. Well, her taxes
here are about that in Pelican Bay, but she has $40,000 in property
taxes in Long Island that she can't get -- that she can't claim on her
income tax anymore.
So you're going to be hearing from the other end of the spectrum.
Naples has a lot of wealthy people who are going to be watching you
for this millage.
And don't forget, you're still competing with the school district for
that property tax deduction that they're taking. And, you know, they
have a billion dollar budget over there. So, you know, it's not just
about what you do here. It's all the global -- you have to look at the
context of what's going on here.
Also, the Fire District. Mosquito Control doubled their millage
last year. So I think we have to look at the global, not just what's
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happening here with the county budget.
Now let's talk about Social Security. As you know, Social
Security increased last year; it was 2 percent. But little old ladies like
my mother, that 2 percent was eaten all up with her Medicare premium
increase. So her net was zero.
Now, I'm looking here on Page 20 of the policy document, and it
shows here what we've done for the county employees. And I know
that they -- you had during 2009, 2010, 2011 we had flat wages. But if
you look at '15, '16, '17, and '18, they've had wage and benefit increase
higher than what the Social Security recipients have experienced.
And, Commissioner Taylor, you were even talking about the Social
Security widows this morning.
So I think we have to look at this budget document in the context
of them, too. So that's why, you know, when we look at the -- for
instance, the stormwater utility, and that's, I believe -- Leo, that's on
Slide 18.
If we're going to raise $20 million with the stormwater utility, I
think that the 4.5 million that you already have in -- they traditionally
had in the budget those years, 4.5 from the taxpayers and then another
1 million you've been getting from Southwest Florida Management
District. But the point is is that 4.5 million should not be going to
other projects. That 4.5 million should be going to a millage reduction
to the taxpayers so that we would go from 3.5645 millage down to a
3.4745 millage.
It's little things like that. And I think it's kind of scare tactics, on
Page 3, to say that reducing property taxes in exchange for limited use
and statutorily restricted special revenue sources such as stormwater
utilities considered by all professional accounts risky revenue policy.
Well, that's baloney, because you're telling me right now that we're at a
70 percent reliance on property taxes. Well, if you're going to increase
the stormwater utility, you need to reduce the property tax a little bit.
March 13, 2018
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So I think there's a couple points here that we need to consider in
this budget policy.
Thank you.
CHAIRMAN SOLIS: The only comments I would have would
be that I would echo what Commissioner Saunders has said. You
know, I would be in favor of approving what the staff has
recommended. I think we've got a lot of uncertainty that we need to be
very careful with, and I think that staff has done a very good job in
setting the increase in property values that -- I think it was 6 percent,
right, as opposed to 8.4 or something?
MR. OCHS: That's correct.
CHAIRMAN SOLIS: I mean, I think that's a very conservative
way to do it, and we can live within that. And so I would be in favor
of moving forward.
COMMISSIONER TAYLOR: Is that a motion?
CHAIRMAN SOLIS: I could make it a motion.
COMMISSIONER TAYLOR: I'll second that motion.
CHAIRMAN SOLIS: Any discussion?
COMMISSIONER McDANIEL: Briefly.
CHAIRMAN SOLIS: We've got to get your button fixed.
COMMISSIONER McDANIEL: No. I think Leo broke it just so
he doesn't have to listen to me anymore.
CHAIRMAN SOLIS: Yeah. It doesn't stay on. So if I'm looking
that way, I don't know that --
COMMISSIONER McDANIEL: I'm sure he did.
MR. OCHS: Just for this item.
COMMISSIONER McDANIEL: Just for this. No, no. It was on
the housing thing, too.
MR. CASALANGUIDA: Sir, it's been deferred.
COMMISSIONER McDANIEL: It's been deferred?
MR. CASALANGUIDA: I'll get staff looking into it.
March 13, 2018
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COMMISSIONER McDANIEL: And I just -- I wanted to -- you
know, I concur with what you said, Commissioner Saunders and
Commissioner Solis. The suggestions that I had were my notes, my
thoughts along the way. And when I proposed the expense neutral or
maintenance process, I didn't say that we take the increase, whatever it
is, 6 percent, 8.4 that they're budgeting for, and apply those excesses or
those increases in revenues to debt reduction and reserves. I didn't say
that portion of it. I just said that we stay expense neutral this year over
last. So that was the one provision that I wanted to add in there.
And, Commissioner Saunders, you adeptly said it. We have
budget workshops and more things -- as Commissioner Taylor likes to
say, more bites at this apple as we go forward. I just wanted to make
sure that I said those things in advance because this is what gets
printed. These policies are what gets printed by our staff and goes out
to all of the departments for them to develop their budgets. And once it
hits print, it's just there.
CHAIRMAN SOLIS: Okay. And I would just like to say one
other thing. I spent a couple of days listening to economists this
weekend about what's going on in the economy both domestically and
worldwide, and it would appear that things are tapering off in terms of
industrial production and things like that.
So I would assume -- I mean, I'm hoping that we've taken all that
into consideration, that all the charts are going like this (indicated), and
maybe next year, 2019, 2020, things might not be cooking with gas as
they are now. Everybody's nodding their heads yes?
MR. ISACKSON: We have you covered, sir.
CHAIRMAN SOLIS: Okay. Very good. Thank you. That's all I
wanted to know.
So any other discussion? Commissioner Saunders, nothing else?
COMMISSIONER SAUNDERS: No. I believe, if this is correct,
there was a motion and a second to adopt the staff recommendations
March 13, 2018
Page 148
for this point in time, and then we will have our opportunity to
re-evaluate in June, July, and again in September.
CHAIRMAN SOLIS: Yes, sir. That's the motion and a second.
All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: And opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries unanimously.
MR. ISACKSON: Thank you, Commissioners.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that moves us to Item 15 on today's
agenda, staff and commission general communications.
Commissioners, just, again, a reminder of your upcoming
workshops, dates and times. If I can ever get that visualizer. There it
is.
We have both CRAs are here for a workshop in April on the 3rd
at 1 p.m., on May 1st we have our Blue Zone workshop at 9 a.m., and
then on June 5th, mental health workshop beginning at 9 a.m. as well.
So if you'd make sure your calendars are marked for those, I'd
appreciate it.
The only other comment I have -- and I sent this to you earlier in
the week -- but I wanted to again congratulate our staff, Trinity Scott in
particular, and Tim Durham and his liaison with our federal lobbyist
March 13, 2018
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and, of course, Commissioner McDaniel and Congressman Diaz-Balart
and everyone else who had a hand in the award of the $13 million
TIGER grant, 16-, actually, when we roll in the three local. It's other
reason we needed some flexibility. We've got to come up with 3
million bucks in local match, but --
COMMISSIONER McDANIEL: Sorry about that.
MR. OCHS: That aside, a great accomplishment, and
perseverance pays off. You know, we've been applicants in the past
unsuccessfully for that, but instead of worrying about it, the staff found
out, you know, how to do a better job each time in working with the
commissioner and with the congressman. I think we're going to have a
great project out there in Immokalee as a result of that. So, again,
congratulations to the staff for great staff work.
That's all I have, sir.
CHAIRMAN SOLIS: Mr. County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN SOLIS: Madam Clerk?
MS. KINZEL: Nothing. Thank you so much.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Well, the County Manager
kind of stole my thunder, just for the record. That's all right. That's all
right.
And as a point I just wanted to congratulate and thank you, sir. It
was a team effort. Our staff did an amazing job. We got to hear it last
week at the MPO about the TIGER grant and the success of that.
And I did, while we were here today, receive a communique from
the congressman, and there is an event coming up in the latter part of
March to be announced formally acknowledging that.
So when I get that date firmed up with the congressman, I'll be
sure and let you know.
MR. OCHS: Great.
March 13, 2018
Page 150
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. Just fine. Just hoarse. Feeling
better than when I walked in this morning, I want to tell you.
COMMISSIONER McDANIEL: We're glad about that.
COMMISSIONER FIALA: Huh?
COMMISSIONER McDANIEL: I said we're glad about that.
COMMISSIONER FIALA: So I was just wondering, Leo -- I
didn't have a chance to prepare, so I'm just asking you right now in
public.
MR. OCHS: Sure.
COMMISSIONER FIALA: I received an email from the Civil
Air Patrol. They had their airplane hangar demolished from Irma, and
they know that there's a space right now available. They were
wondering if they could use it at the Marco Island airport until their
Quonset hut gets rebuilt or at such time as you need it for something
else.
MR. OCHS: I will look into that as soon as we leave here.
COMMISSIONER FIALA: I'm sorry I couldn't follow it up with
an email or anything.
MR. OCHS: No. My pleasure. We'll follow up with you.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: Just a couple of things. First of
all, there's -- on Livingston Road there's a wall that I understand is the
county's wall that separates Livingston Road from Briarwood, and
there are a couple of panels out on it about a third of the mile in from
Radio Road.
COMMISSIONER McDANIEL: There are a couple of what?
CHAIRMAN SOLIS: Panels.
COMMISSIONER TAYLOR: Panels.
COMMISSIONER McDANIEL: Panels. It sounds like you said
camels.
March 13, 2018
Page 151
COMMISSIONER TAYLOR: No. Panels.
So -- and then I just want to publicly congratulate the County
Manager and the museum division of our community for their
extraordinary event on Saturday.
COMMISSIONER McDANIEL: Oh, yes.
COMMISSIONER TAYLOR: The cattle drive.
MR. OCHS: Great event.
COMMISSIONER TAYLOR: And real cows and real cowboys,
and they actually did a demonstration where the dogs circled around
the cows and held them in the middle of the street on 29. It was
extraordinary. So well done. So -- the property just sparkled.
And everybody was demonstrating different things that -- I mean,
I've never seen a cracker crack his whip. I mean, they did that and
swamp cabbage and all the wonderful things there. It was really -- and
the stories and the cowboy poet, you know that, and the music. My
goodness. Well, well done, and I hope there are many, many more.
And I think it was very well attended. I don't know what any numbers
were, but...
COMMISSIONER McDANIEL: I don't think they have numbers
yet. But it was; it was well attended. Although there was a little
question on the 200 head of cows. He was claiming 200. I'm not sure.
COMMISSIONER TAYLOR: Yeah. I was counting those cows.
I wasn't thinking there was 200.
COMMISSIONER McDANIEL: I don't think there was, but it
was close.
COMMISSIONER TAYLOR: But, you know, that's okay. They
were there, and it was wonderful.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER TAYLOR: Then we attended the Southwest
Economic Alliance on Thursday and were handed in part of the report
-- it appears that -- and this is my pencil marks on this -- that they are
March 13, 2018
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actually determining climate risk scores with site selection for
economic people coming in here, companies coming in. It's
nationwide. It's not just here. There's a little story on it. But I just find
it all kind of absolutely wonderful that we have two scientists who are
studying Collier County to such a degree they can determine within a
block what's going to flood and what's not going to flood. So I just
wanted to bring that to your attention.
And then, finally -- and, Commissioner Fiala, you and I are
attending the CRA meetings, and it's very, very exciting what's going
on there. And they are developing standards and trying to put their
arms around putting art in public places, but having experience with
events, public events on streets that are owned by a municipality,
especially within the CRA, there's a significant amount of cost
involved to the taxpayer: Security, trash pickup, just -- even traffic
diversion sometimes. They have to get folks in there.
So I'm wondering if we -- the County Manager, if you could
maybe do some research on this and bring this back to us where --
what the fees are involved, because when there's fees involved, you
know, it helps offset the cost to the taxpayers for these events. And I
think -- I think going forward it would be a great idea to establish a
base.
COMMISSIONER FIALA: Do you mean, like, for instance --
trash pickup? So if you have volunteers doing that, then you give them
some kind of credit for $10 an hour for picking up trash or something?
COMMISSIONER TAYLOR: No, ma'am. Mary Smith --
excuse me. Let's just say a lady or a man wants to have a event. They
want to have an art fair, let's just say that, and they want to do it within
the streets of Bayshore. They don't want to do it on an empty lot.
They want to use the streets. They want to have parking. They're
going to need extra security, for sure. And, aftermath, there will be
trash pickup. There's a cost involved.
March 13, 2018
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So there's basic fee structures that are involved in this, and I'd like
to see if we could develop those structures.
COMMISSIONER McDANIEL: Don't we charge for those now
for private entities that apply for an event permit? I mean, if we're
providing them, I would think we would be charging for them, or is it
the requisite of the applicant that applies for the event to pay for those
things?
COMMISSIONER TAYLOR: Well, normally -- and I'm only
going back to what I know from my experience in the City of Naples,
and they upped their fees several times, because everybody wanted to
be around Cambier Park, there's -- what kind of event are you
planning?
COMMISSIONER McDANIEL: Right.
COMMISSIONER TAYLOR: What are your requirements? It's
a whole form to fill out. And then a fee is applied which helps offset
the cost to the taxpayers, the general taxpayers, for this event, that
would never take place except it is in a specific place. They might
have an art show in Immokalee -- in the fields going to Immokalee.
They wouldn't do it. They want to do it where there is an attraction of
people, where they can bring attention to it, because that helps have the
show successful. So there's a cost involved in that.
COMMISSIONER FIALA: You could find out how much they
charged in Immokalee for this rodeo or whatever this was --
COMMISSIONER McDANIEL: I don't think they charged
anything for that. I'm just -- I just know -- and where I was going is I
know in Hendry County they have a fee that you charge -- that they
charge for -- that is appropriated if -- in the event there is trash
requisite that is needed to be cleaned or additional security. There is a
fee that's charged. But that's all -- I thought we already had that.
MR. CASALANGUIDA: You do, sir. If someone like the HITS
Triathlon that was in District 2, they pay for the police officers,
March 13, 2018
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cleanup. Through the right-of-way permit, they establish all that and
cover it. If it's a park site, they have park rental fees, and then the park
places additional requirements on them to do so.
If it's a special event, they pull the special-event permit, and they
have to go down a list of fire safety, things like that. And I think
you're talking specifically about the CRAs and --
COMMISSIONER TAYLOR: Within the CRA district using the
streets, specifically, because there are wonderful, energetic people that
want to have different events coming up. And I think before we even
permit these events to go forward, not that they're not worthy events, I
think we need to incorporate that fee structure and address what it
means and costs to have an event, for instance, on Bayshore, or it
could be around Naples Opera, which is not Bayshore, but it's within
the CRA, and to address this before we go forward with these events.
COMMISSIONER McDANIEL: I mean, the CRAs, they don't
pay those kind of fees?
COMMISSIONER TAYLOR: It's my understanding no fees are
being applied within the CRA to individuals --
COMMISSIONER McDANIEL: When they do an event.
COMMISSIONER TAYLOR: -- who want to hold an event, yes.
COMMISSIONER McDANIEL: Okay. I understand.
MR. OCHS: How about if I do some research and meet with the
advisory board and we just put a little stay on anything until I can do
that quickly and get back to you --
COMMISSIONER TAYLOR: I think that --
MR. OCHS: -- and either confirm we have a policy or come back
with some recommendations on a policy that would cover those --
COMMISSIONER TAYLOR: I think that's very wise.
MR. OCHS: -- general expenses. Is that -- does that sound
reasonable?
CHAIRMAN SOLIS: That sounds good. And I would just add a
March 13, 2018
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couple things, if I may. Because I know I've spent a lot of time talking
to Lieutenant Hamilton up at the Sheriff's substation in Pelican Bay.
I'm not so sure -- we really need to look, I think, at the cost and -- not
only the cost but, for example, the HITS Triathlon. A lot of these
events want to have their event, or these organizations want to have
their events, for example, on Gulf Shore and close down Gulf Shore in
the season. And, you know, there's --
COMMISSIONER McDANIEL: It's a lot.
CHAIRMAN SOLIS: Yeah, I mean, it's -- and this season's been
full of them, and it's very difficult, as it is, with all the construction
going on in Naples Park and Vanderbilt Drive being closed.
And so I hope we can revisit -- you know, maybe come up with
some standards. You know, the triathlon -- you know there's a big
peloton and then a running group, you know, and it's -- I know the
Sheriff -- it's a real challenge to keep everybody safe and keep the
traffic moving while there's 150 runners and cyclists going.
So this is something I think we really need to take a look at and
maybe come up with some standards and things for how we grant --
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SOLIS: -- permission to do them, because I think
sometimes there are situations where we may just have to say, no, it's
too overwhelming, it's too much of a draw on the Sheriff's Department
or EMS or whatever. And we need to look at that, so...
COMMISSIONER FIALA: And would that now include --
because it's the CRA, it would be the Immokalee, Bayshore CRA?
MR. OCHS: Well, yes, ma'am, originally, but what I'm hearing
Commissioner Solis say is let's take a countywide look at this issue,
you know, beyond the borders of either of the CRAs.
COMMISSIONER FIALA: Something's coming up on the May
5th Cinco de Mayo, so I'm just wondering --
COMMISSIONER TAYLOR: I know in the city there are
March 13, 2018
Page 156
certain events that are traditional that we didn't charge a fee, and one of
them was the Swamp Buggy Parade.
COMMISSIONER FIALA: You could look into that, all of that,
sure.
MR. OCHS: Yes, ma'am.
COMMISSIONER TAYLOR: We've got a template.
Now the other thing, Commissioner Fiala -- and help me with this
-- is this issue of painting on the -- mural painting on buildings and not
following the code and things like that. And I know that there's talk
about, you know, researching and doing -- you know, going to other
communities where this is going on and using this, but there's a couple
things I'd like this board to consider. I'm thinking that that research
should be done on our side.
COMMISSIONER FIALA: Rather than theirs?
COMMISSIONER TAYLOR: Yes.
COMMISSIONER FIALA: Well, because right now they're
pretty divided, and so some like it and some don't. And I would think
it would be good to hear what the people like on the street that they
live on before we tell them --
COMMISSIONER TAYLOR: Not the specific murals that were
done out of code. That's a whole other issue. I'm thinking specifically
going forward. If this catches on, how are we going to arbitrate this?
And, again, I'm going back to my experience, and it seems like the
proverbial buck stops right here with us as CRA, not necessarily
commissioners, and that I think that -- going forward, I think that -- I
would feel more comfortable, given the debate going on and the values
of what is art and what is not, that we ask Leo, County Manager Ochs,
to do the research to bring forth the standards, going to other
communities such as Sarasota, I'm understanding, is a very successful
mural painting, and I know they do it up in Immokalee. So it could
apply to Immokalee.
March 13, 2018
Page 157
But that you would -- sir, your staff would go and look at these
standards, and then we would vet them, of course, but that any kind of
art coming forward, it could be initially vetted with the community
advisory boards, of course, but then the final decision would be here as
CRA.
Are you in agreement with that?
COMMISSIONER FIALA: That's fine.
COMMISSIONER TAYLOR: Okay. Thank you.
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: Yeah, just a real quick
comment. We've, correctly so, thanked staff for some great
presentations and some great guidance that they've given us and, of
course, with the grant that the county -- the TIGER grant and all, staff's
doing a great job.
I want to spend just a few seconds kind of congratulating the
County Commission. We had some difficult issues today. The
affordable housing issue we didn't all agree. The budget issues we
ultimately all agreed, but these are difficult issues. And the thing that
impresses me the most about this commission is that we're able to have
these difficult conversations. We're able to disagree, but we're able to
do it very agreeably.
And I think that makes for better policy, I think it makes for better
communications, and I just want to congratulate the County
Commission on keeping it civil and keeping it to the policy issues and
to the facts and not making any of this personal, and that, to me, is one
of the great achievements of this County Commission.
COMMISSIONER TAYLOR: Thank you. I'll say thank you.
CHAIRMAN SOLIS: Well said. And I would echo that.
COMMISSIONER McDANIEL: Just let me interrupt one second
--
COMMISSIONER TAYLOR: Uh-oh.
March 13, 2018
Page 158
COMMISSIONER McDANIEL: -- since Commissioner
Saunders is speaking. And on a personal note, Commissioner
Saunders, I got called to go to the Golden Gate City or the Golden
Gate Civic Association last night by Ron Jefferson, president, in your
stead.
COMMISSIONER SAUNDERS: Yes.
COMMISSIONER McDANIEL: And when the folks in District
3 heard I was coming instead of you, 110 --
COMMISSIONER FIALA: They ran.
COMMISSIONER McDANIEL: No, they didn't run. One
hundred and ten showed up, and I heard when you were there last
month there was only 70 some.
COMMISSIONER TAYLOR: Ah, there we have it.
COMMISSIONER SAUNDERS: Well, that's not correct. There
were 101 there.
COMMISSIONER McDANIEL: Oh, so I still beat you.
CHAIRMAN SOLIS: Are you going to take that back now,
Commissioner Saunders?
COMMISSIONER SAUNDERS: No, no. You won that one.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER SAUNDERS: Thank you for attending that
meeting.
COMMISSIONER McDANIEL: It was certainly my pleasure. I
enjoyed it. And just so my colleagues know, there was -- you know,
there's a rather contentious item in that particular area called Golden
Gate Golf Course, so those folks were there.
COMMISSIONER FIALA: I have a great idea for that golf
course. Do you want to hear it?
COMMISSIONER McDANIEL: Those folks were there in
force.
COMMISSIONER FIALA: Can I tell them?
March 13, 2018
Page 159
MR. OCHS: I think you've told them, but you can tell them
again.
COMMISSIONER FIALA: No, I didn't tell them about the other
thing that I just told you guys about.
Being that -- you know, if we ever bought that golf course, right,
as a county, sitting on that golf course is a rundown hotel and a
rundown bar, and what if we -- what would we love to do in this
county that we've lost an ability to do, at least for the first crack, and
that is building a VA hospital. And that would be -- the VA didn't
want to do anything along that line because our last entrance into that
field was it was not located in easy range of everybody to get there.
Golden Gate Golf Course is right there in the middle of everything;
secondly, it wasn't close to a hospital. It's right there, right down the
street; and, thirdly, it's located in the precipice, I would guess you
would have to say, of all the convergence of all the roads together.
Easy access for anything.
And I said to Leo and Nick, I said, you know, to me that would be
the piece de resistance to get that piece of property and then dangle this
in front of the VA, in front of the feds and say, we've got the perfect
piece of land. Let's just bring it here.
And let's face it, we have so many veterans here that could really
use a VA hospital. That's just my idea.
CHAIRMAN SOLIS: Okay. I've just got a couple quick things.
There was an email that I think we all got today from John
Mullins about reaching out to the Governor in regards to his support
for a bill that's just been passed regarding infrastructure, and I was
hoping that I could get authorization to write a letter on behalf of the
Commission urging him to support it.
COMMISSIONER TAYLOR: Absolutely.
COMMISSIONER SAUNDERS: You certainly have my
permission, and that deals with the funding of the EMS facility out on
March 13, 2018
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Alligator Alley.
CHAIRMAN SOLIS: Right.
COMMISSIONER McDANIEL: Station 63.
CHAIRMAN SOLIS: Station 63 on Alligator Alley. We went to
Tallahassee to make sure that the funding for that wasn't diverted
somewhere else, and so we hope that stays that way.
The other thing is, I would like to announce that Vanderbilt Drive
is open to the public.
COMMISSIONER FIALA: What did it take, 12 years, 13 years?
CHAIRMAN SOLIS: And not only that, it was open two to three
months early.
MR. CASALANGUIDA: Yes.
CHAIRMAN SOLIS: I received an email that said monkeys
could have done this better than we did, and I beg to differ.
MR. CASALANGUIDA: Ouch.
CHAIRMAN SOLIS: I think the staff did a great job, in spite of
a hurricane, to get it done three months early. It is fantastic. I'm
hoping that it's going to alleviate the traffic on Wiggins Pass and a lot
of other things. So that's open.
I would like to commend staff. Again, I was at -- this weekend
listening to economists about what's going on in the economy, in the
world economy, and companies talking about their insurance cost
increases, which were staggering, and the fact that we've been able to
keep ours flat is amazing to me. That, plus no new debt in 10 years.
That's -- I think that's --
COMMISSIONER FIALA: Very good.
CHAIRMAN SOLIS: -- an amazing job. So congratulations to
the County Manager and staff.
MR. OCHS: Thank you.
MR. CASALANGUIDA: Commissioner, if you could, you said
staff, and I'd also like to -- the vendor, who's an outstanding -- Thomas
March 13, 2018
Page 161
Marine did an awesome job, they stayed on top, and also give them a
plug as well.
CHAIRMAN SOLIS: Correct. I am remiss. Yeah, we didn't do
the work. This is another thing I'd like to clarify, that we actually don't
do the bridge building; that we had -- we did have a great contractor
who, I think, has bent over backwards to get it open absolutely as soon
as possible even though there's still some punch list things going on. It
is quite a feat. So thank you for all of that. I'm really happy that that
was done as fast as it could be done.
COMMISSIONER FIALA: And what was the name of the
vendor?
CHAIRMAN SOLIS: Thomas Marine. Thomas Marine.
MR. CASALANGUIDA: Group.
MR. OCHS: Commissioner, I think what's lost there a little bit is,
you know, everyone sees the bridge, but what they don't see is that
there's a brand new distribution system for your water system, your
wastewater system, your irrigation quality water system, your
stormwater management throughout that corridor, and a new
eight-foot-wide pathway that's going to service that whole area up
there, so that's the reason it took the time that it did, in addition to, you
know, two bridges.
CHAIRMAN SOLIS: Not just bridges.
MR. OCHS: It's not just bridges. You also have your
underground electric cable buried. So there were a lot of moving parts
on that project. And, again, thank you for your comments, and well
deserved by our Transportation staff. Jay Ahmad and his team did a
fantastic job.
CHAIRMAN SOLIS: Absolutely. Congratulations.
Anything else?
(No response.)
CHAIRMAN SOLIS: Motion to adjourn?
March 13, 2018
Page 162
COMMISSIONER TAYLOR: So moved.
CHAIRMAN SOLIS: All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Thank you. We're adjourned.
MR. OCHS: Thank you, Commissioner Saunders.
*****
**** Commissioner McDaniel moved, seconded by Commissioner
Fiala and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted (Commissioner Solis
abstained from voting on Item #16C1) ****
Item #16A1
THE CHAIRMAN TO EXECUTE THE SOVEREIGNTY
SUBMERGED LANDS EASEMENT MODIFICATION AS
REQUIRED TO ADD THE PERMIT FOR DOCTOR’S PASS AND
MOORINGS BAY – LOCATED IN SECTION 28, TOWNSHIP 49
SOUTH, RANGE 25 EAST
Item #16A2
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $61,880 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20150000182, (EXCAVATION PERMIT NO. 60.123) FOR
March 13, 2018
Page 163
WORK ASSOCIATED WITH TUSCANY POINTE PHASE TWO –
THE AS-BUILT LAKE CROSS SECTION HAVE BEEN
RECEIVED AND THE LAKES HAVE BEEN INSPECTED BY
DEVELOPMENT REVIEW
Item #16A3
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
SECURITY IN THE AMOUNT OF $9,073.15 WHICH WAS
POSTED AS A GUARANTY FOR SITE DEVELOPMENT PLAN,
PL20140000858 FOR WORK ASSOCIATED WITH FIFTH THIRD
BANK WITHIN THE SABAL BAY PLANNED UNIT
DEVELOPMENT – LOCATED AT 4570 THOMASSON LANE
Item #16A4
THE RECORDING THE FINAL PLAT OF MAPLE RIDGE
PHASE 6A PPL, (APPLICATION NUMBER PL20170002650)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY – STAFF TO
DELAY RECORDING THE PLAT UNTIL SUITABLE SECURITY
AND THE CONSTRUCTION AND MAINTENANCE
AGREEMENT HAS BEEN ACCEPTED BY THE CAO
Item #16A5
THE CHAIRMAN TO SIGN THE UTILITY FACILITIES QUIT-
CLAIM DEED AND BILL OF SALE BETWEEN COLLIER
COUNTY AND AVALON OF NAPLES, LLC, IN ORDER TO
RECONVEY TO AVALON OF NAPLES, LLC, A PORTION OF
March 13, 2018
Page 164
THE POTABLE WATER AND SANITARY SEWER UTILITY
FACILITIES ASSOCIATED WITH THE DEVELOPMENT AT
AVALON OF NAPLES, PL 20160002356, WHICH WERE
PREVIOUSLY ERRONEOUSLY CONVEYED TO THE COUNTY
Item #16A6
AWARD INVITATION TO BID #18-7252, "ROADWAY SIGNS
REPAIR," TO HIGHWAY SAFETY DEVICES, INC. FOR REPAIR
AND INSTALLATION OF ROADWAY SIGNS DAMAGED BY
HURRICANE IRMA (PROJECT NO. 50154) – FOR AN
ESTIMATED 14,000 ROADWAY SIGNS
Item #16A7
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $504,081.72 FOR PAYMENT OF $531.72
IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD
OF COUNTY COMMISSIONERS V. ERICK DORESTIL AND
ELVITA PIERRE. CODE ENFORCEMENT BOARD CASE NO.
CEPM20100019476 RELATING TO PROPERTY LOCATED AT
3661 12TH AVENUE NE, COLLIER COUNTY, FLORIDA – FOR
CODE VIOLATIONS THAT CONSISTED OF NO PROTECTIVE
BARRIER SECURING THE SWIMMING POOL AND AN
EXPIRED SWIMMING POOL PERMIT WITHOUT A
CERTIFICATE OF COMPLETION THAT WAS BROUGHT INTO
COMPLIANCE ON JANUARY 11, 2018
Item #16A8
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
March 13, 2018
Page 165
ACCRUED VALUE OF $49,614.88 FOR PAYMENT OF $614.88
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. ANA ELIAS, CODE
ENFORCEMENT BOARD CASE NO. CEPM20150001679
RELATING TO PROPERTY LOCATED AT 2707 IMMOKALEE
DRIVE, COLLIER COUNTY, FLORIDA – FOR A VIOLATION
THAT CONSISTED OF BUT NOT LIMITED TO
DECAYED/DETERIORATED/POORLY MAINTAINED
CEILINGS, EXTERIOR WALLS, INTERIOR WALLS,
WINDOWS, INTERIOR FLOORS AND EXTERIOR DOORS ON
RESIDENTIAL PROPERTY, THAT WAS BROUGHT INTO
COMPLIANCE ON MAY 20, 2016
Item #16C1 (Commissioner Solis abstained from voting)
AWARD BID #17-7217, “FIRE ALARM, SPRINKLERS AND
EXTINGUISHERS INSPECTIONS AND REPAIRS,” TO CINTAS
CORPORATION, FOR COUNTY-WIDE FIRE ALARM,
SPRINKLERS AND EXTINGUISHERS INSPECTIONS AND
REPAIRS IN A BASE CONTRACT AMOUNT OF $607,000
Item #16D1
RESOLUTION 2018-44: A RESOLUTION REPEALING ALL
PREVIOUS RESOLUTIONS ESTABLISHING AND AMENDING
PARTS OF THE COLLIER COUNTY PARKS AND
RECREATION DIVISION FACILITIES AND OUTDOOR AREAS
LICENSE AND FEE POLICY AND ESTABLISH STANDARD
RATES FOR RECREATIONAL AND COMMERCIAL BOAT
DOCK RENTAL FEES, INCREASE PICKLEBALL
MEMBERSHIP FEES, AND MODIFY FEES FOR THE GOLDEN
March 13, 2018
Page 166
GATE COMMUNITY CENTER
Item #16D2
AN AGREEMENT FOR SALE AND PURCHASE WITH TYLER
THURSTON, FOR 1.14 ACRES UNDER THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM AT A COST NOT
TO EXCEED $7,100 – LOCATED WITHIN THE RED MAPLE
SWAMP PRESERVE MULTI-PARCEL PROJECT FOR FOLIO
#39491680000
Item #16D3
AN AGREEMENT FOR SALE AND PURCHASE WITH JANET L.
WALLACE, KEVIN L. KONKLER, AND LINDA K.
FRAUENDORFER FORMERLY KNOWN AS LINDA K. BLAKE,
ALL AS TENANTS IN COMMON, FOR 1.14 ACRES UNDER
THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM AT A COST NOT TO EXCEED $14,800 – LOCATED
WITHIN THE WINCHESTER HEAD MULTI-PARCEL PROJECT
FOR FOLIO #39959720004
Item #16D4
A REVISED FY17 FEDERAL TRANSIT ADMINISTRATION
(FTA) 5307 GRANT APPLICATION TO INCLUDE ADDITIONAL
EXPANSION VEHICLES THROUGH THE TRANSIT AWARD
MANAGEMENT SYSTEM (TRAMS) – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E1
March 13, 2018
Page 167
AWARD RFP #18-7262 FULL SERVICE AUCTIONEER TO
ROYAL AUCTION GROUP, INC. – FOR A THREE YEAR
PERIOD AND TWO ADDITIONAL ONE YEAR PERIODS
Item #16E2
THE ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL – FROM EITHER CONTRACTS OR
PURCHASE ORDERS
Item #16F1
TOURIST DEVELOPMENT TAX MARKETING FUNDING TO
REPLACE THE MARCO ISLAND CHAMBER OF COMMERCE
VISITOR INFORMATION SIGN DAMAGED BY HURRICANE
IRMA AND MAKE A FINDING THAT THIS EXPENDITURE
PROMOTES TOURISM – LOCATED AT 1102 NORTH COLLIER
BLVD, MARCO ISLAND
Item #16F2
TOURIST DEVELOPMENT TAX PROMOTION FUNDING TO
SUPPORT THE SIX UPCOMING APRIL 2018 SPORTS EVENTS
UP TO $33,500 AND MAKE A FINDING THAT THESE
REIMBURSABLE EXPENDITURES PROMOTE TOURISM –
APRIL 5-8, THE USTA ADULT WHEELCHAIR TENNIS EVENT
AT THE NAPLES BATH & TENNIS CLUB; APRIL 6-8, THE
AZZURI STORM SPRING SHOOTOUT AT THE NORTH
March 13, 2018
Page 168
COLLIER REGIONAL PARK; APRIL 9-14, THE USTA CLAY
COURT CHAMPIONSHIP AT THE NAPLES BATH & TENNIS
CLUB; APRIL 20-22, THE ALLIGATOR ALLEY CHALLENGE
AT THE NORTH COLLIER REGIONAL PARK; APRIL 20-21,
THE NTRP CLAY COURT EVENT AT THE NAPLES BATH &
TENNIS CLUB AND APRIL 28-30, THE ADIDAS SPRING
CLASSIC AT THE NORTH COLLIER REGIONAL PARK
Item #16F3 – Moved to #11G (Per Agenda Change Sheet)
Item #16F4
RESOLUTION 2018-45: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2017-18 ADOPTED BUDGET
Item #16F5 – Moved to #11H (During Agenda Changes)
Item #16F6
THE COUNTY ATTORNEY TO ADVERTISE A PROPOSED
ORDINANCE, WHICH WOULD AMEND ORDINANCE NO.
2002-27, AS AMENDED, RELATING TO THE PELICAN BAY
SERVICES DIVISION BOARD, BY ELIMINATING THE
REQUIREMENT OF THE ROTATION OF THE CHAIR AND
VICE-CHAIR, WHICH WAS IMPLEMENTED BY ORDINANCE
NO. 2013-19, AND RETURN TO THE ORIGINAL SELECTION
PROCESS OF THE CHAIR AND VICE-CHAIR AS SET FORTH
IN ORDINANCE 2002-27, AS AMENDED
March 13, 2018
Page 169
Item #16G1
THE COLLIER COUNTY AIRPORT AUTHORITY STANDARD
FORM LEASE AGREEMENT WITH BRIGHTEST ANTARES,
LLC (DBA SILSBY AVIATION) FOR OFFICE SPACE AT THE
MARCO ISLAND EXECUTIVE AIRPORT – BY GENERATING
REVENUE LEASING A VACANT OFFICE SPACE
Item #16G2
AMENDMENT #1 TO CONTRACT NO. 16-6561 “DESIGN
SERVICES FOR MARCO EXECUTIVE TERMINAL” WITH
ATKINS NORTH AMERICA, INC. IN THE AMOUNT OF
$919,674 FOR ENGINEERING AND INSPECTION SERVICES
DURING CONSTRUCTION AND AUTHORIZE THE
CHAIRMAN TO EXECUTE THE AMENDMENT – FOR THE
TERMINAL/LANDSIDE IMPROVEMENTS THAT ARE
SECURED VIA A SHORT-TERM LOAN FROM DEVELOPMENT
REVIEW & GROWTH MANAGEMENT
Item #16J1
RESOLUTION 2018-46: A RESOLUTION CHANGING THE
BOUNDARIES OF CERTAIN VOTING PRECINCTS – FOR THE
FOLLOWING PRECIENTS: 202, 203, 222, 223, 551 AND 552
Item #16J2
THE FY2017 SCAAP LETTER DELEGATING AUTHORITY TO
SHERIFF KEVIN RAMBOSK TO BE THE OFFICIAL GRANT
APPLICANT AND CONTACT PERSON, OR HIS DESIGNEE,
March 13, 2018
Page 170
AND TO RECEIVE, EXPENDS THE PAYMENT AND MAKE
ANY NECESSARY BUDGET AMENDMENTS OF THE FY2017
OF THE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM
(SCAAP) GRANT FUNDS
Item #16J3
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 FEBRUARY 15 AND
FEBRUARY 28, 2018 PURSUANT TO FLORIDA STATUTE
136.06
Item #16J4
REQUEST THAT THE BOARD APPROVE AND DETERMINE
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF MARCH 7, 2018
Item #16K1
RESOLUTION 2018-47: APPOINT A MEMBER TO THE
OCHOPEE FIRE CONTROL DISTRICT ADVISORY
COMMITTEE – APPOINTING TIMOTHY JON SMITH, SR.
W/TERM EXPIRING ON DECEMBER 31, 2018
Item #16K2
RESOLUTION 2018-48: APPOINT A MEMBER TO THE
March 13, 2018
Page 171
HEALTH FACILITIES AUTHORITY – APPOINTING DAVID J.
WOLFF W/TERM EXPIRING ON MARCH 13, 2022
Item #16K3
RESOLUTION 2018-49: APPOINT FOUR MEMBERS TO THE
PELICAN BAY SERVICES DIVISION BOARD – APPOINTING
NICOLAS FABREGAS W/TERM EXPIRING ON MARCH 31,
2022; APPOINTING RICHARD SIDER AND REAPPOINT
SUSAN O’BRIEN BOTH W/TERMS EXPIRING ON MARCH 31,
2022 AND APPOINT PETER GRIFFITH W/TERM EXPIRING ON
MARCH 31, 2019
Item #16K4
RESOLUTION 2018-50: REAPPOINT TWO MEMBERS TO THE
HALDEMAN CREEK DREDGING MAINTENANCE ADVISORY
COMMITTEE – REAPPOINTING ROY A. WILSON AND
JOSEPH ADAMS BOTH W/TERMS EXPIRING ON MARCH 13,
2022
Item #16K5
RESOLUTION 2018-51: REAPPOINT TWO MEMBERS TO THE
EDUCATIONAL FACILITIES AUTHORITY – REAPPOINTING
BARBARA MINCH ROSENBERG AND ALICE J. CARLSON
BOTH W/TERMS EXPIRING ON MARCH 23, 2023
Item #16K6
A STIPULATED ORDER SETTLING ALL STATUTORY
March 13, 2018
Page 172
ATTORNEY AND EXPERT FEES AND COSTS TO GULF
COAST DONUTS, LLC, INCURRED IN THE TAKING OF
PARCELS IN THE CASE STYLED COLLIER COUNTY V.
LOWE’S HOME CENTER INC., ET AL., CASE NO. 13-CA-0142,
FOR THE US 41/C.R. 951 INTERSECTION IMPROVEMENT
PROJECT, PROJECT NO. 60116 (FISCAL IMPACT: $37,000)
Item #16K7
THE CHAIR TO EXECUTE A RELEASE OF PROPERTY
DAMAGE CLAIM IN THE LAWSUIT STYLED COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS V. JAMES
JOHNSON, FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN
AND FOR COLLIER COUNTY, FLORIDA (CASE NO. 16-CC-
770), FOR THE TOTAL SUM OF $4,767.10 – FOR A VEHICLE
ACCIDENT THAT OCCURRED ON MARCH 28, 2015
Item #17A
ORDINANCE 2018-08: AN ORDINANCE AMENDING
ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES
THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL
AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT
TO ALLOW FOR DEVELOPMENT OF UP TO 40,000 SQUARE
FEET OF COMMERCIAL DEVELOPMENT FOR A PROJECT TO
March 13, 2018
Page 173
BE KNOWN AS 15501 OLD US 41 CPUD; AND PROVIDING AN
EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED
ON THE WEST SIDE OF OLD US 41, APPROXIMATELY ONE
MILE NORTH OF THE US 41 AND OLD US 41 INTERSECTION,
IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA [PL20170001083]
Item #17B
ORDINANCE 2018-09: AN ORDINANCE AMENDING
ORDINANCE NO. 96- 79, THE EAGLE CREEK PLANNED UNIT
DEVELOPMENT BY EXPANDING THE GOLF COURSE BY
REMOVING ONE ACRE FROM RESIDENTIAL TRACTS AND
ADDING THE ONE ACRE TO GOLF COURSE TRACT H-1; BY
SUPERSEDING AND REPEALING PRIOR ORDINANCE NOS.
81-4, 81-114, 82-53 AND 85-8; BY AMENDING THE MASTER
PLAN; AND PROVIDING AN EFFECTIVE DATE. THE
SUBJECT PROPERTY, CONSISTING OF 298+/- ACRES, IS
LOCATED SOUTHWEST OF THE INTERSECTION OF US 41
AND COLLIER BOULEVARD IN SECTIONS 3 AND 4,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA [PL20170001320]
Item #17C
RESOLUTION 2018-52: A RESOLUTION RENAMING A
PORTION OF ESPLANADE BOULEVARD TO MONTELANICO
LOOP. THE SUBJECT STREET IS APPROXIMATELY ONE
THIRD OF A MILE IN LENGTH, LOCATED WITHIN THE
ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES,
APPROXIMATELY ONE AND A QUARTER MILE NORTH OF
March 13, 2018
Page 174
IMMOKALEE ROAD, IN SECTION 15, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA [SNR-
PL20170002424]
Item #17D
ORDINANCE 2018-10: AMENDMENT TO ORDINANCE NO.
2017-53, WHICH RE- ESTABLISHED THE COUNTY
GOVERNMENT PRODUCTIVITY COMMITTEE, TO
ELIMINATE THE REQUIREMENT FOR STAGGERED TERMS
March 13, 2018
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:24 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIA TRICT _ DER ITS CONTROL
r ,
A f 4 SOLIS, CHAIRMAN
ATTEST
DWIGHT E. BROCK, CLERK
' !klr.• tiCl Rag
1 I
hest as to Chairman's .1
.
signature city.
These minutes approved by the Board on A :i\ I D) 1-C))15- ,
as presentedor as corrected .
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 175
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 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY di COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED
March 13, 2018 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 March 13 20 18
(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 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 March 13, 2018, the Board of County Commissioners will consider Agenda Item 16C1, Recommendation to
award Bid#17-7217, "Fire Alarm, Sprinklers and Extinguishers Inspections and Repairs,"to Cintas Corporation,
for County-wide Fire Alarm, Sprinklers and Extinguishers Inspections and Repairs in a base contract amount of
$607,000.
The vendor, Cintas Corporation, 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.
March 13, 2018v,„„„,
Date Filed Signature
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 813-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.