BCC Minutes 04/10/2018 RApril 10, 2018
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 10, 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
William L. McDaniel, Jr.
Donna Fiala
Burt L. Saunders
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Director of Finance & Accounting
Troy Miller, Communications & Customer Relations
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April 10, 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
April 10, 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.
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April 10, 2018
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING
THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS
PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE
COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED
AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-
5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE
HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES
MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Pastor Heath Jarvis of New Hope Ministries
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. March 13, 2018 - BCC Regular Meeting Minutes
3. AWARDS AND RECOGNITIONS
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A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating April 2018 as Sexual Assault Awareness Month in
Collier County. To be accepted by Eileen Wesley, Executive Director of
Project HELP Inc.
B. Proclamation designating April 8 - 14, 2018 as Crime Victims' Rights Week
in Collier County. To be accepted by Eileen Wesley, Executive Director of
Project HELP Inc.
C. Proclamation designating April 13, 2018 as Children's Advocacy Center Day
in Collier County. To be accepted by Jackie Stephens, CEO, Children's
Advocacy Center of Collier County.
D. Proclamation designating April 22 - 28, 2018 as Pickleball Week in Collier
County. To be accepted by Jim Ludwig, Terri Graham and Chris Evon.
E. Proclamation designating April 2018 as Second Chance Month in Collier
County. To be accepted by James Ackerman, President/CEO Prison
Fellowship and Karole Davis, Director of Development - Southeast Region,
Prison Fellowship.
F. Proclamation designating April 20, 2018 as Try Transit Day in Collier
County. To be accepted by Steve Carnell, Public Services Department Head,
Michelle Arnold, Public Transit and Neighborhood Enhancement Division
Director, and her staff at PTNE.
5. PRESENTATIONS
A. Presentation of the “2018 Best Workplace for Commuters Award” to Collier
County Government, for offering exceptional commuter benefits to
employees that meet the National Standard of Excellence criteria. To be
presented to Chairman Solis by Stephanie Martin representing the Florida
Department of Transportation - Commuter Services Program.
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April 10, 2018
B. Presentation of the Collier County Business of the Month for April 2018 to
the American Red Cross. To be accepted by American Red Cross
representatives Jill Palmer and Jan Ferris. Also present is Susan Kuhar from
the Greater Naples Chamber of Commerce.
6. PUBLIC PETITIONS
A. Public Petition request from Ms. Melanie Mercurio requesting that the Board
of County Commissioners pass an ordinance that prohibits the retail sale of
dogs and cats unless those animals come from 501 (c)(3) rescue groups,
Domestic Animal Services Division, or The Humane Society of Naples.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to approve: 1. An Amendment to Chapter 134, Article VII,
of the Collier County Laws and Ordinances (Stormwater Utility Ordinance)
to update definitions, updating County authority to manage the stormwater
utility and establish assessments and utility fees and provide for the process
of granting credits; and 2. the Stormwater Utility Initial Assessment
Resolution relating to the provisions of the stormwater management system
and improvements; estimating costs of the system and benefits; establishing
the method of calculating the cost and collection of the stormwater utility
fee; directing the preparation of the stormwater utility fee rolls; setting a
public hearing for the adoption of the final rate resolution for the stormwater
utility fee and directing the provision of notice and providing an effective
date, in accordance with Section 403.0893, Florida Statutes, pertaining to
stormwater programs.
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. This item to be heard at 10:00 a.m. Recommendation to authorize staff to
continue implementation of the Community Housing Plan (CHP) by
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performing the following: (1) direct County Attorney to advertise
amendment to Chapter 74 of the Collier County Code of Laws and
Ordinances related to Impact Fee Deferrals; (2) approve a resolution to
supersede Resolution No. 07-203 which established an Affordable-
Workforce Housing Trust Fund and establish a new Local Housing Trust
Fund; (3) direct staff to initiate the process to establish the creation of a
Community Land Trust; (4) direct staff to initiate a nexus study to determine
appropriate linkage fees on new development of various types as well as the
maximum feasible fees development can support in light of existing fees and
other factors; (5) direct staff to develop a housing that is affordable
marketing, public relations, and communications plan. (Cormac Giblin,
Manager, Housing and Grant Development; Community and Human
Services Division)
B. Recommendation to accept the attached after-action report for the 2018
Florida legislative session and provide guidance as preliminary planning
begins for the next legislative session. (John Mullins, Government Affairs
Manager)
C. This item has been continued from the December 12, 2017, BCC
Meeting, the January 23, 2018, BCC Meeting, and the February 13,
2018, BCC Meeting. Recommendation to direct staff to advertise, and bring
back for a public hearing, an Ordinance amending the Land Development
Code relating to off-site native vegetation preservation, at a future Board
meeting. (Mike Bosi, Planning and Zoning Division Director, Growth
Management Department)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 11:15 a.m. This item was continued from the
March 27, 2018 BCC Meeting. To provide the Board of County
Commissioners the Clerk of the Circuit Court’s Final Internal Audit Report
2018-2: Economic Incubators, Inc. Business and Economic Development
Division, issued on, April 4, 2018. The Clerk of Court and Comptroller may
make a public presentation to the Board of County Commissioners.
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
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A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Proposed Future 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) 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 at Ave Maria,
Phase 5A, (Application Number PL20170002500) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
2) 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 amended final plat of Oyster Harbor at
Fiddler’s Creek Phase 3, (Application Number PL20170003757)
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Lowe’s Subdivision,
Application Number PL20170003373.
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4) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Tamiami Crossing,
Application Number PL20170004064.
5) Recommendation to approve final acceptance of the potable water and
sewer facilities for LaMorada Amenity Center, PL20160001460,
accept unconditional conveyance of a portion of the sewer facilities,
and to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in
the total amount of $18,696.17 to the Project Engineer or the
Developer’s designated agent.
6) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Community School of Naples,
PL20170000104, and to authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and
Final Obligation Bond in the total amount of $13,905.50 to the Project
Engineer or the Developer’s designated agent.
7) Recommendation to approve final acceptance of the potable water
facilities for Pelican Marsh Maintenance Facility, PL20090001778,
accept unconditional conveyance of a portion of the potable water
facilities, and to authorize the County Manager, or his designee, to
release the Utilities Performance Security (UPS) and Final Obligation
Bond in the total amount of $7,743.87 to the Project Engineer or the
Developer’s designated agent.
8) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Naples Reserve Island Club Phase 2,
PL20160003017, and to authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and
Final Obligation Bond in the total amount of $10,617.60 to the Project
Engineer or the Developer’s designated agent.
9) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
Barrington Cove Phase 3, PL20160001129 and to authorize the
County Manager, or his designee, to release the Final Obligation Bond
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in the total amount of $4,000 to the Project Engineer or the
Developer’s designated agent.
10) Recommendation to approve the release of two code enforcement
liens with an accrued value of $134,710.72 for payment of $910.72 in
the code enforcement actions entitled Board of County
Commissioners v. Michael Slovin, Code Enforcement Board Case
Nos. CESD20150013215 and CEPM20160006034 relating to
property located at 5231 19th Ct SW, Collier County, Florida.
11) Recommendation to approve the release of a code enforcement lien
with an accrued value of $6,454.27 for payment of $704.27 in the
code enforcement actions entitled Board of County Commissioners v.
Angel K. Carrasco and Blanca Carrasco. Code Enforcement Board
Case No. 2007020109 relating to property located at 1801 55th
Terrace SW, Collier County, Florida.
12) Recommendation to approve the release of a code enforcement lien
with an accrued value of $5,012.73 for payment of $2,000 in the code
enforcement actions entitled Board of County Commissioners v.
Phillip B. White and Janet Irene Nebus. Code Enforcement Board
Case No. CEPM20110012536 relating to property located at 100
Hickory Rd, Collier County, Florida.
13) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $3,447.85 on behalf of Stock
Development LLC., pursuant to applicable provisions of the
Environmental Restoration and Maintenance (ERM) Transfer of
Development Rights (TDR) bonus credit requirements associated with
PL20170004070.
14) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $32,880 which was posted as a
guaranty for Excavation Permit Number 59.902-34, PL20160002332
for work associated with Maple Ridge at Ave Maria Amenity Center.
15) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $30,660 which was posted as a
guaranty for Excavation Permit Number 59.902-28 PL20160000316
for work associated with Anthem Parkway Extension.
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16) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. 6451097 in the amount of $41,558, which was
posted as a guaranty for work associated with Covent Garden, Site
Development Plan (SDP) PL20120001764.
17) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $37,280 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20170003250) for work associated with Logan Landings.
18) Recommendation that the Board approves and authorizes the
Chairman to sign an amended and restated Landscape Maintenance
Agreement (Agreement) between Collier County and the Diamond
Lake Condominium Association, Inc. for landscape, irrigation and
lighting improvements within the Piper Boulevard Right-of-Way.
19) Recommendation to approve a Resolution authorizing the Chairman
to execute the attached Local Agency Program Supplemental
Agreement with the Florida Department of Transportation (FDOT)
whereby Collier County will be reimbursed up to $1,402,763 for
construction and construction engineering inspection services for
intersection improvements on Pine Ridge Road at Airport Road and
Logan Boulevard, and authorize any budget amendments.
20) Recommendation to approve a Settlement Agreement with Arrowhead
Reserve at Lake Trafford Property Owners Association, Inc. to release
a parcel required for the Immokalee Stormwater Improvement
Program from its Declaration in the amount of $135,832 (Project No.
60143).
21) Recommendation to approve the ranked list of designed professionals
pursuant to RPS No. 18-7245, “Professional Services for Collier
County Comprehensive Watershed Improvement Plan,” authorize
staff to negotiate a contract with the top ranked firm Taylor
Engineering, for subsequent Board approval, or if contract
negotiations are unsuccessful to authorize staff to commence contract
negotiations with the second ranked proposer, ICF, Inc.
22) Recommendation to review and approve Phase I of the Griffin Road
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Area Stormwater Management Improvement Project, to be submitted
to the South Florida Water Management District (SFWMD) Big
Cypress Basin Local Partnership Grants Program for FY2019.
23) 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 City Gate Commerce Center
Phase Three, (Application Number PL20170002331) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve a sole source purchase of four high
speed turbo process air blowers for the South County Water
Reclamation Facility from Mader Electric Motors in the amount of
$789,696, Project No. 70203, and to authorize the necessary budget
amendment.
2) Recommendation to authorize a single-source waiver for a period of
two years for the purchase of equipment, repair kits, parts and related
materials from Endress+Hauser and ProMinent Fluid Controls, Inc.
through TriNova, Inc.
3) Recommendation to approve a Third Amendment to Lease Agreement
with Drop Anchor Mobile Homeowners Association, Inc. to allow
replacement of up to nine mobile homes currently located within a
narrow strip of right-of-way along Papaya Street in Goodland,
Florida, resulting from damage incurred during Hurricane Irma or
other conditions or circumstances beyond the reasonable control of
the owner.
4) Recommendation to approve a First Amendment to Lease Agreement
with Patriot Place Trust regarding the Sheriff’s Office Substation #5
clarifying the intent of the parties relative to water and sewer utility
payments.
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5) Recommendation to authorize payment of $475,793.27 to Ashbritt
Environmental for mobilization/demobilization of generators, 200 kw
generator rental, portable hand wash stations, portable toilets and a
mobile shower during the Hurricane Irma storm recovery mission.
6) Recommendation to approve a $527,994 work order under Request
for Quotation 14-6213-111 to Douglas N. Higgins, Inc., under Project
Number 70208, “PS 302.07 Gravity Sewer,” and authorize the
necessary budget amendment.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to accept and ratify fee waivers granted by the
Director of Domestic Animal Services (DAS) for the period of
October 1, 2017 through December 31, 2017, in accordance with the
process established by Resolution No. 2016-125 in the amount of
$565.
2) Recommendation to approve the third extension of the Interim
Management Plan for the Conservation Collier McIlvane Marsh
properties.
3) Recommendation to approve the third extension of the Interim
Management Plan for the Conservation Collier Red Maple Swamp
Preserve.
4) Recommendation to approve the five (5) year update of the Final
Management Plan for the Conservation Collier Shell Island Preserve.
5) Recommendation to approve the second extension of the Interim
Management Plan for the Conservation Collier Camp Keais Strand
Parcels.
6) Recommendation to approve an Agreement to Purchase Vended
Meals from Another State-Approved Program Sponsor with the
District School Board of Collier County (School Board) to sponsor
and operate the 2018 Summer Food Service Program (SFSP) at
designated recreation camps with unitized meals provided by the
School Board and authorize all necessary Budget Amendments. (Total
anticipated fiscal impact $141,471.83 with a Federal Share of
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$113,321.83 and a local match of $28,150).
7) Recommendation to approve Amendment #1 to Contract # 15-6424
Management Services Contract for the Collier Area Transit (CAT)
Fixed Route and Paratransit Program between Medical Transportation
Management, Inc., dba Southeast MTM, Inc., to update Staffing
Requirements, Performance Standards, and Liquidated Damages
criteria.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to renew the Certificate of Public Convenience and
Necessity for a Class 1 and Class 2 Advanced Life Service (ALS)
Rescue and intra-facility ambulance transport for the Seminole Tribe
of Florida Fire Rescue within the boundary of the Seminole Tribe in
Immokalee.
2) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
3) Recommendation to select Arthur Bookbinder and David Weigel as
co-recipients of the 2018 “Against All Odds” award, and to present
the award at a future Board of County Commissioners meeting.
4) Recommendation to approve a single source waiver to Vic's Boot and
Shoe (D/B/A-Red Wing Shoe Store) for the purchase of protective
footwear.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve Tourist Development Tax Promotion
funding to support the upcoming May 2018 sports events up to
$13,175 and make a finding that these expenditures promote tourism.
2) This item was continued from the February 27, 2018 BCC
Meeting. Recommendation to waive the contract term regarding
payment of business license tax “when due” and authorize payment of
the Business Location Inducement Grant to Position Logic, LLC
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G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between March 15 and March 28, 2018 pursuant to Florida
Statute 136.06.
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of April 4,
2018.
K. COUNTY ATTORNEY
1) Recommendation to approve a Joint Motion and Stipulated Final
Judgment in the amount of $111,470 for Parcel 446RDUE, and
$15,000 for Parcel 448RDUE, in the lawsuit captioned Collier County
v. David Martinez, et al, Case No. 17-CA-1454, required for the
Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact:
$96,450)
2) Recommendation to approve a Joint Motion and Stipulated Final
Judgment in the amount of $1,950 for Parcel 435RDUE, in the lawsuit
captioned Collier County v. Kinh Thi Pham, et al, Case No. 17-CA-
1473, required for the Golden Gate Boulevard Expansion Project No.
60145. (Fiscal Impact: $1,250)
3) Recommendation to approve a Joint Motion and Stipulated Final
Judgment in the amount of $8,700 for Parcel 454RDUE, in the lawsuit
captioned Collier County v. Alex D. Randolph, et al, Case No. 17-
CA-1472, required for the Golden Gate Boulevard Expansion Project
No. 60145. (Fiscal Impact: $4,500)
4) Recommendation to approve a Joint Motion and Stipulated Final
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Judgment in the amount of $12,000 for Parcel 422RDUE, in the
lawsuit captioned Collier County v. Julio Alfonso Viltres, et al, Case
No. 17-CA-1453, required for the Golden Gate Boulevard Expansion
Project No. 60145. (Fiscal Impact: $10,400)
5) Recommendation to approve a Mediated Settlement Agreement in the
amount of $105,000 for full compensation for the taking of Parcel
370RDUE, plus $18,000 for statutory attorney fees, and $15,955 for
expert fees and costs, in the case styled Collier County v. Steven A.
Edwards, et al., Case No. 16-CA-1327 required for improvements to
Golden Gate Blvd. (Project No. 60145). [Fiscal Impact: $83,955, plus
approximately $10,000 for driveway and culvert construction.]
6) Recommendation that the Board (1) direct the Bayshore CRA
Advisory Board not to process any applications regarding murals in
the Bayshore Gateway Triangle Redevelopment Area; and (2) direct
Code Enforcement to stay all current Code Enforcement proceedings
related to murals in the Bayshore Gateway Triangle Redevelopment
Area, to allow staff, working with the Bayshore CRA Advisory
Board, to review the issue of murals in the Bayshore Gateway
Triangle Redevelopment Area, and following such review, to bring
back recommendations to the Board, including but not limited to a
written application and review process for the approval of murals, and
whether LDC Section 4.02.16H, which relates to murals within this
district, should be amended.
7) Recommendation to appoint a member to the County Government
Productivity Committee.
8) Recommendation to appoint a member to the Radio Road
Beautification Advisory Committee.
9) Recommendation to reappoint two member(s) to the Forest Lakes
Roadway & Drainage Advisory Committee.
10) Recommendation to appoint three members to the Animal Services
Advisory Board.
11) Recommendation to reappoint two members to the Tourist
Development Council.
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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
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 has been continued from the January 23, 2018 BCC Meeting.
This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 04-20, as amended, the Calusa Island Village
Planned Unit Development (PUD), to allow up to two single-family
dwelling units as an alternative to commercial and multi-family development
in the Commercial/Mixed Use Area of the PUD; and providing for an
effective date, for property located on the south side of Goodland Drive
(C.R. 892), approximately one half mile south of San Marco Road (C.R. 92),
in Section 18, Township 52 South, Range 27 East, Collier County, Florida
[PUDA-PL20160000087].
B. Recommendation to approve the attached ordinance governing the Collier
County and Municipal Infrastructure One-Cent Sales Surtax or One-cent
Sales Tax, and direct staff to work with the Collier County Supervisor of
Elections Office to submit the ballot language for the referendum to appear
on the General Election ballot November 6, 2018.
C. Recommendation to approve an Ordinance amending Ordinance Number
04-41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of
Collier County, Florida, by providing for: Section One, Recitals; Section
Two, Findings of Fact; Section Three, Adoption of Amendments to the Land
Development Code, more specifically amending the following: Chapter One
– General Provisions; Chapter Two – Zoning Districts and Uses; Chapter
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April 10, 2018
Three – Resource Protection; Chapter Four – Site Design and Development
Standards; Chapter Six – Infrastructure Improvements and Adequate Public
Facilities Requirements; Chapter Nine – Variations from Code
Requirements; Chapter Ten – Application, Review, and Decision-Making
Procedures; Section Four, Adoption of Amendments to the Collier County
Official Zoning Atlas, more specifically amending the following: Zoning
Map Numbers 522930, 2033N, 2033S, 2034N, 2034S to remove the ACSC
designation for consistency with the Growth Management Plan; Section
Five, Conflict and Severability; Section Six, Inclusion in the Collier County
Land Development Code; and Section Seven, Effective Date.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
April 10, 2018
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MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN SOLIS: Good morning. Welcome to the County
Commission meeting of April 10th, 2018.
We'll begin today's meeting with our invocation by Pastor Heath
Jarvis of New Hope Ministries.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
PASTOR JARVIS: Good morning. Let's pray.
Father in heaven, we thank you, first of all, for this wonderful
country that we live in, a country where we can come before you freely
like we are now and invoke your presence and your wisdom.
Lord, we thank you for this opportunity to come together as the
leadership of Collier County, and we ask for your guidance as
decisions are made that will affect all who live here. Lord, may we
never take our responsibilities lightly.
Lord, our county has faced a lot of challenges in recent months:
wildfires, a hurricane and, more recently, more wildfires. We thank
you that we've been able to witness your hand of protection through it
all. We thank you for the men and women who have been fighting to
get the fires under control and all of the people who have come from
all over the country to help restore our community.
We thank you for your blessing on our great nation, this
magnificent State of Florida, and our beautiful community here in
Collier County. We know, Lord, that whatever blessings we enjoy, it's
because of you.
For you, God, are the giver of wisdom, the giver of all good and
perfect gifts, the God of abundance and restoration. And we ask for
your guidance in all of these things. And I pray this in Jesus' name.
April 10, 2018
Page 3
Amen.
CHAIRMAN SOLIS: Commissioner Fiala, would you lead us in
the Pledge.
COMMISSIONER FIALA: I would be proud to do that.
(The Pledge of Allegiance was recited in unison.)
COMMISSIONER TAYLOR: Mr. Chair, may I say something
before Pastor Jarvis leaves?
CHAIRMAN SOLIS: Yes.
COMMISSIONER TAYLOR: I just wanted to let my colleagues
know how important New Hope has been in the rescue effort, not only
last year, but this year with the fires. They are almost center stage.
They've got the area, and they've got the volunteers, and they're a great,
great assistance to the fire department of Greater Naples.
So I wanted to really thank you, sir.
PASTOR JARVIS: And on behalf of New Hope, I want thank
you for acknowledging us, and it's been our pleasure to serve with the
community.
COMMISSIONER TAYLOR: Thank you.
Item #2A
TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY
COMMISSION MEMBERS FOR CONSENT AGENDA.) -
APPROVED AND/OR ADOPTED W/CHANGES;
COMMISSIONERS FIALA AND MCDANIEL VOTE “NO” ON
ITEM #17B PRIOR TO COMMISSIONER TAYLOR MOVING IT
TO ITEM #9B; COMMISSIONER SOLIS ABSTAINED FROM
VOTING ON ITEM #16A5, ITEM #16A6 AND ITEM #16A21
MR. OCHS: Good morning, Commissioners, Mr. Chairman,
April 10, 2018
Page 4
these are the proposed agenda changes for the Board of County
Commissioners meeting of April 10, 2018.
The first proposed change is to move Item 16F2 from your
consent agenda. That will become Item 11D on the regular agenda.
That item is moved at Commissioner McDaniel's request.
I have one agenda note this morning, Commissioners, related to
Item 16A23. This is a final plat approval and construction and
maintenance approval for the final plat of the City Gate Commerce
Center. The note reads that the executive summary is clarified to read
that a portion of the project will be constructed by the county, and the
amount of the security provided by the developer will only reflect the
cost of the improvements for the developer's portion of the property,
and that addition is made at the staff's request to clarify that issue.
And we have two time-certain items scheduled this morning,
Commissioners. The first is at 10:00 a.m. We'll hear Item 11A. That's
your phased report on the Community Housing Plan. And at 11:15
we'll hear Item 13A, the internal audit report from the Clerk.
Those are all the changes I have, Mr. Chair.
CHAIRMAN SOLIS: Thank you, Mr. Manager.
We can go through disclosures on the consent agenda.
MR. OCHS: And summary.
CHAIRMAN SOLIS: And summary.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, good morning, sir.
I have one disclosure on City Gate Commerce, several meetings
with the developers over the last year or so with regard to that
subdivision, and no other disclosures on consent or summary other
than, rather than pulling 17B, I just would like it to be recorded that I'm
a nay on the sales tax referendum. Rather than pulling it for discussion
and revoting, we all know how I feel, and so just record me as a no.
CHAIRMAN SOLIS: Very good.
April 10, 2018
Page 5
Commissioner Fiala.
COMMISSIONER FIALA: Yes. I only have one declaration,
and that is 16A23, which is the City Gate Commerce Center and,
actually, they didn't talk to me at all about this particular part of the
subject. But being that I've met so many times I figured, in the sake of
honesty, I'll just say that, you know, I've talked with them about their
project.
And also, on 17B I vote a no as well.
CHAIRMAN SOLIS: On the sales tax referendum?
COMMISSIONER FIALA: Yes, sir.
CHAIRMAN SOLIS: Okay. Commissioner Taylor.
COMMISSIONER TAYLOR: I have only one disclosure, and
that is on 17A23. I've had broad discussions with staff and, perhaps --
and telephone calls, but nothing specific, but I needed to address that
here. And also, I would like to pull 17B for -- not for discussion, but
there's an addition that I wanted to add to this sales tax. So that would
be about the 1 percent sales tax. There is an adjustment to the
ordinance that I'd like to bring before everyone for their consideration.
CHAIRMAN SOLIS: Do we need a motion on that?
COMMISSIONER SAUNDERS: I'll make that motion to take
17D off of the consent and put it on the regular agenda.
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: I could have saved you that and
just pulled it on the first go-round for it.
COMMISSIONER FIALA: So do you second it then?
COMMISSIONER McDANIEL: I'll second that, yes.
CHAIRMAN SOLIS: All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
April 10, 2018
Page 6
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
MR. OCHS: That would become Item 9B.
COMMISSIONER TAYLOR: Okay. And that's all I have.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: I don't have any ex parte and
no changes.
CHAIRMAN SOLIS: Ex parte, all I have is, also on 16A23, the
City Gate Commerce Park. I'm not sure that I spoke specifically about
the plat approval, but certainly we have had lots of discussions about
the City Gate Commerce Center.
I do have a conflict with 16A5, 6, and 21, and so I will be
abstaining from those items on the consent agenda.
So with all of that, is there a motion to approve the consent
agenda and summary?
MR. OCHS: Mr. Chairman -- do you have any speakers, Mr.
Miller?
CHAIRMAN SOLIS: Oh, that's right.
MR. MILLER: Yeah. They were for 17B, which is now 9B. I
will move the speakers accordingly.
COMMISSIONER SAUNDERS: I move for approval as
amended.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SOLIS: 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.)
April 10, 2018
Page 7
CHAIRMAN SOLIS: Motion carries.
Proposed Agenda Changes
Board of County Commissioners Meeting
April 10, 2018
Move Item 16F2 to Item 11D: *** This item was continued from the February 27, 2018 ***
Recommendation to waive the contract term regarding payment of business license tax “when
due” and authorize payment of the Business Location Inducement Grant to Position Logic, LLC.
(Commissioner McDaniel’s request)
Note:
Item 16A23: The Executive Summary requires clarification that a portion of this project will
be constructed by the County and the amount of the security provided by the Developer shall
only reflect the costs of the improvements for the developer’s portion of the property. The
amount of this security is equal to a total of $202,892.25 – 110% of the cost of the developer’s
portion of the project ($184,447.50). (Staff’s request)
Time Certain Items:
Item 11A to be heard at 10:00 a.m.
Item 13A to be heard at 11:15 a.m.
4/25/2018 11:05 AM
April 10, 2018
Page 8
Item #2B
MARCH 13, 2018 - BCC REGULAR MEETING MINUTES -
APPROVED AS PRESENTED
MR. OCHS: Mr. Chairman, that takes you to approval of the
BCC meeting minutes of March 13, 2018.
COMMISSIONER McDANIEL: I'll move for approval.
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: The minutes are approved.
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING APRIL 2018 AS SEXUAL
ASSAULT AWARENESS MONTH IN COLLIER COUNTY.
ACCEPTED BY EILEEN WESLEY, EXECUTIVE DIRECTOR OF
PROJECT HELP INC. – ADOPTED
April 10, 2018
Page 9
MR. OCHS: That takes us to Item 4 this morning,
Commissioners. Item 4A is a proclamation designating April 2018 as
Sexual Assault Awareness Month in Collier County. To be accepted
by Eileen Wesley, Executive Director of Project Help. If you'd please
step forward and receive your proclamation.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING APRIL 8 - 14, 2018 AS
CRIME VICTIMS' RIGHTS WEEK IN COLLIER COUNTY.
ACCEPTED BY EILEEN WESLEY, EXECUTIVE DIRECTOR OF
PROJECT HELP INC. – ADOPTED
MR. OCHS: Mr. Chairman, I was just going to say, the next
item, 4B, is a proclamation designating April 8th through the 14th as
Crime Victims Rights Week in Collier County. Also to be accepted by
Eileen Wesley of Project Help.
Double whammy.
(Applause.)
MS. WESLEY: Thank you, my friend.
COMMISSIONER FIALA: You're welcome.
MS. WESLEY: We appreciate that.
Good morning, everybody. My name's Eileen Wesley. I'm the
Executive Director of Project Help, which is the rape recovery and
victims' center for Collier County.
We're honored that the county is recognizing April as Sexual
Assault Awareness Month. And one of the main things that we do
every single day of the year is we prevent -- we try to prevent sexual
assault and help victims who have found themselves in a position,
whether it was now or in their past, been victims of sexual violence.
April 10, 2018
Page 10
We always appreciate you recognizing next week as Crime
Victims Rights Week, as we stand by all victims of violent crime to
make sure that their rights are protected and that they have the justice
that they're so looking for.
And we really thank you, and we want the community to be
aware every day of the year that sexual assault is a pandemic in our
country and that if somebody were to come up to you and talk about
sexual violence, the best thing you can do for them is to believe them
and to listen. And with listening you can send them to the right places.
So please join us in our fight against sexual violence and against
violence against our community. Thank you.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING APRIL 13, 2018 AS
CHILDREN'S ADVOCACY CENTER DAY IN COLLIER
COUNTY. ACCEPTED BY JACKIE STEPHENS, CEO,
CHILDREN'S ADVOCACY CENTER OF COLLIER COUNTY –
ADOPTED
MR. OCHS: Item 4C is a proclamation designating April 13th,
2018, as Children's Advocacy Center Day in Collier County. To be
accepted by Jackie Stevens, CEO of the Children's Advocacy Center of
Collier County. Is Ms. Stephens here? There's a whole group here.
(Applause.)
MR. OCHS: Mr. Brad Boaz, as the Board Chair, is here to accept
the proclamation this morning, along with members of the board.
CHAIRMAN SOLIS: Who gets the proclamation?
MR. BOAZ: I'd like to thank you on behalf of the CAC and
Jackie Stephens. Jackie is actually doing some media presentations
April 10, 2018
Page 11
today. We have a pinwheels event that we're having at the Naples Pier
this Friday late morning. Anyone that wishes to attend, we'd like you
to go.
The CAC provides services for over a thousand children. There's
hundreds of new cases each year. It can be sexual abuse, physical
abuse, child neglect, domestic violence in the family, drug abuse
within the family. These kids, some of them take several years of
different services. And we're just thankful for the support of the
county. And we work very closely with the Sheriff's Office and DCF
whenever there is an event that's reported.
So thank you very much for your time today.
CHAIRMAN SOLIS: Thank you for all you do.
(Applause.)
Item #4D
PROCLAMATION DESIGNATING APRIL 22 - 28, 2018 AS
PICKLEBALL WEEK IN COLLIER COUNTY. ACCEPTED BY
JIM LUDWIG, TERRI GRAHAM AND CHRIS EVON –
ADOPTED
MR. OCHS: Item 4D is a proclamation designating April 22nd
through 28th, 2018, as Pickleball Week in Collier County. To be
accepted by Jim Ludwig, Terri Graham, Chris Evons, and Carol
Caefer. If you'd please step forward.
(Applause.)
COMMISSIONER FIALA: Could I read this one? Would that be
okay with you?
CHAIRMAN SOLIS: Sure.
COMMISSIONER FIALA: Okay. Thank you very much.
CHAIRMAN SOLIS: You-all are going to need a building just
April 10, 2018
Page 12
for all of the awards and proclamations, aren't you?
COMMISSIONER FIALA: I'm just going to read this because I
think everybody ought to hear it. And I don't mean to belabor things,
but we've got a little time today.
The Minto US Open Pickleball Championships powered by
Margaritaville will be held in Collier County April 20th through 28th
for the third connective year.
The Minto US Open Pickleball Championships attract more than
2,000 players this year, registered, 2,000 players, and more than
10,000 speculators from around the world, making Collier County the
Pickleball Capital of the World.
Wow, isn't that amazing, by the way. That's why I had to read
this.
(Applause.)
COMMISSIONER FIALA: And the event will introduce
pickleball to more than 200 schoolchildren at the kickoff day event,
Kids Day, Friday, April 20th. Kids will be treated to a free lunch and a
chance to watch and learn from the best; and,
Whereas, there are an estimated 10,000 players in Collier County;
and,
Whereas, the economic impact to Collier County exceeds more
than 5 million with more than 3,000 hotel room nights booked; and,
Whereas, the Minto US Open Pickleball Championship worked
closely with Pickleball For All, a not-for-profit organization that
provides pickleball instruction and equipment to local PE teachers to
build their pickleball programs; and,
Whereas, the sport of pickleball promotes active, healthy
lifestyles for our seniors and youth and everyone in between providing
a fun way to stay fit and active.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that April 22nd through the
April 10, 2018
Page 13
28th be designated Pickleball Week in Collier County.
Done and ordered this 10th day of April, Collier County
Commissioners; Andy Solis, Chairman.
(Applause.)
COMMISSIONER FIALA: And while I'm at it, as long as I have
the -- as long as I can talk just a little bit, we're going to have a
government day, and we want to make sure that everybody up here
comes. Penny Taylor and I are already signed up, but the three guys,
I'm sure, want to be there as well.
COMMISSIONER TAYLOR: You don't have to play.
COMMISSIONER FIALA: And that's going to be Wednesday.
COMMISSIONER TAYLOR: You're not going to play.
CHAIRMAN SOLIS: Oh, I'm playing.
COMMISSIONER FIALA: You know, folks, this is the biggest
sports that's ever not only hit Collier County but the country, and it's
only in three short years that it's come to this being. And I tell you, I'm
just so proud to be just a tiny little clog on their wonderful wheel of
success.
Thank you.
COMMISSIONER TAYLOR: Oh, no, ma'am. You are the one
that brought them to Collier County.
COMMISSIONER FIALA: I just helped it a little bit, yeah.
Thank you very much.
Okay. Now I'll move over.
COMMISSIONER TAYLOR: May I ask for one more
photograph.
Ma'am, I want you out front.
COMMISSIONER FIALA: Do you really?
COMMISSIONER TAYLOR: Oh, yes.
COMMISSIONER FIALA: Well, thank you so much.
Try and take 15 years and 15 pounds off, would you, please.
April 10, 2018
Page 14
MS. GRAHAM: Just a couple of points of interest on the Minto
US Open Pickleball Championships.
MR. OCHS: For the record, young lady, your name.
MS. GRAHAM: For the record, my name is Terri Graham. I'm
the president of Spirit Promotions, which is the promotor of the US
Open. And on behalf of Chris, Jim, and Carol, we're really excited
about this. And, like Donna had mentioned, over 2,000 athletes,
10,000 spectators, we're expecting. And one of -- the coolest thing that
just happened -- and Commissioner Fiala, you're going to be especially
excited about this one. Your favorite radio station, Radio
Margaritaville, right -- you love, that right?
COMMISSIONER FIALA: I guess so.
MS. GRAHAM: They have millions and millions of listeners
around the world; not just around the country, but around the world.
And as of this past Saturday we were informed on Friday and Saturday
they're going to be doing a live broadcast remote from Naples. So
every break they're going to be saying they're at the Minto US
Pickleball Championships powered by Margaritaville taking place
right here in beautiful Naples, Florida.
That's advertising. That's promotion. That -- there's no way any
of us could buy that. So it's going to be reaching millions and millions
of people not for one day, but for two days. We're very excited about
that. And hopefully you can all come out at one point and check out
what we're doing.
Thank you very much.
COMMISSIONER FIALA: Will the Pickleball Channel be here
as well?
MS. GRAHAM: Yes. They're going to be here for 10 days this
year. We're live streaming for three days on CBS Sports Live. That's
completely new than last year. So we'll be live streaming, and,
obviously, we have the CBS Sports broadcast which will take place
April 10, 2018
Page 15
Saturday, but then it's tape delayed after the production. That will be
on May 25th.
And we did bring, today, programs for each one of you, and so all
the information will be in the program. Thank you.
(Applause.)
Item #4E
PROCLAMATION DESIGNATING APRIL 2018 AS SECOND
CHANCE MONTH IN COLLIER COUNTY. ACCEPTED BY
JAMES ACKERMAN, PRESIDENT/CEO PRISON FELLOWSHIP
AND KAROLE DAVIS, DIRECTOR OF DEVELOPMENT -
SOUTHEAST REGION, PRISON FELLOWSHIP – ADOPTED
MR. OCHS: 4E is a proclamation designating April 2018 as
Second Chance Month in Collier County. To be accepted by James
Ackerman, president, CEO of Prison Fellowship; and Carol Davis,
director of development for the southeast region of the Prison
Fellowship. If you'd please step forward.
(Applause.)
MR. OCHS: Let's get you centered in the front of the
Commission, please.
COMMISSIONER FIALA: I never realized I was short until
recently.
COMMISSIONER McDANIEL: Until you're standing next to
Billy.
MR. ACKERMAN: Commissioners, on Good Friday this year,
the President of the United States, Donald Trump, declared April
Second Chance Month, and I want to thank you, as the commissioners
of Collier County, for doing the same today.
It's extremely important to provide people who have paid their
April 10, 2018
Page 16
debt to society an opportunity to experience a second chance.
Over 90 percent of people in prison today will return to our
communities, including Collier County, after they complete their
sentence. And, naturally, we want to provide a pathway for people to
be able to secure employment, to find housing, and that programming,
that process, starts in prison.
Prison Fellowship is in 428 prisons across the country. We have
programming as close as Collier County Jail right across the way here
as well, and working to help citizens become healthier, more
productive citizens both in and out of prison and jail.
And so as they turn to their communities, we look to the
community as a whole, in churches in particular, to take on men and
women into their community and play the role of mentors.
Did you know that if a man or woman coming out of prison walks
with a mentor for a year, that the recidivism rate of those people drops
to an almost immeasurable level. So it's extremely important to
provide that pathway.
And so we want to thank you for taking the leadership today to
declare April as Second Chance Month.
Thank you so much.
Item #4F
PROCLAMATION DESIGNATING APRIL 20, 2018 AS TRY
TRANSIT DAY IN COLLIER COUNTY. ACCEPTED BY STEVE
CARNELL, PUBLIC SERVICES DEPARTMENT HEAD,
MICHELLE ARNOLD, PUBLIC TRANSIT AND
NEIGHBORHOOD ENHANCEMENT DIVISION DIRECTOR,
AND HER STAFF AT PTNE – ADOPTED
MR. OCHS: Item 4F is a proclamation designating April 20th,
April 10, 2018
Page 17
2018, as Try Transit Day in Collier County. To be accepted by Steve
Carnell, Public Services Department Head; Michelle Arnold, Public
Transit and Neighborhood Enhancement Division Director; and her
staff in that division.
If you'd all step forward.
(Applause.)
COMMISSIONER FIALA: I wonder how many people have
taken a ride on those buses in the audience.
CHAIRMAN SOLIS: Over a million.
COMMISSIONER FIALA: Yeah, but I mean in the audience.
And you know what, they're beautiful. And people are always
surprised when they first take their first ride. They're clean and nice
and fresh looking.
MR. OCHS: Good looking group.
(Applause.)
MS. ARNOLD: I just wanted to thank you all.
MR. OCHS: Who are you?
MS. ARNOLD: Oh, I'm sorry. I'm Michelle Arnold, the Public
Transit and Neighborhood Enhancement Division Director.
I just wanted to echo what the commissioners were saying when
we were lining up there and encourage everybody to try our system.
It's been around for about 17 years now, and we're doing an awesome
job. We have got lots of riders, but it's a system that I think a lot of
people are just a little bit hesitant to take advantage of, but it is
providing a great service to our community getting people to work and
play and everything else.
So we encourage you to, on April 20th, take a trip on the transit
system. Thank you.
MR. OCHS: Thanks, Michelle.
Mr. Chairman, if I could get a motion to approve today's
proclamations, please.
April 10, 2018
Page 18
COMMISSIONER FIALA: Motion to approve today's
proclamations.
CHAIRMAN SOLIS: Is there a second?
COMMISSIONER SAUNDERS: Second.
CHAIRMAN SOLIS: 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.
Item #5A
PRESENTATION OF THE “2018 BEST WORKPLACE FOR
COMMUTERS AWARD” TO COLLIER COUNTY
GOVERNMENT, FOR OFFERING EXCEPTIONAL COMMUTER
BENEFITS TO EMPLOYEES THAT MEET THE NATIONAL
STANDARD OF EXCELLENCE CRITERIA. PRESENTED TO
CHAIRMAN SOLIS BY STEPHANIE MARTIN REPRESENTING
THE FLORIDA DEPARTMENT OF TRANSPORTATION -
COMMUTER SERVICES PROGRAM – PRESENTED
MR. OCHS: Thank you, sir. That takes us to Item 5A this
morning. This is a presentation of the 2018 Best Workplace for
Commuters Award to Collier County Government for offering
exceptional commuter benefits to employees that meet the National
Standard of Excellence Criteria.
The award will be presented today to Chairman Solis by
April 10, 2018
Page 19
Stephanie Martin representing the Florida Department of
Transportation Commuter Services Program.
Stephanie, would you like to make a few remarks.
MS. MARTIN: Yeah, of course.
Hi, my name is Stephanie Martin. I'm with DOT. I'm in Bartow
District 1. So I want to thank you so much for having me here today
and also I want to thank you on behalf of DOT and also our Programs
Director, Christine Diaz. She can't be here today. We have lots of
proclamations going on today.
But, yeah, I just want to say thank you so much. And I have a
few words on behalf of Christine. But -- so the 2014 Best Workplaces
for Commuters Designation bestows national recognition and is an
elite designation to employers offering outstanding commuter benefits
as set by the National Center for Transit Research and the U.S.
Environmental Protection Agency.
Collier County Government was awarded for the 2014 Best
Workplaces for Commuters Award for their efforts in shifting
commuters' drive-alone habits by offering a variety of commuter
benefits. The awards are presented to organizations meeting a number
of regional criterias.
Commuter Services partnering -- Partners reaching gold-level
status have demonstrated a commitment to marketing outreach and
program development. We want to thank you for the Board of County
Commissioners and also Collier County Government for the constant
support.
Your team -- your time and your team's enthusiastic efforts each
year make all the difference in the success of uniting our local
resources.
Thank you for caring about the environment, quality of life, for
wanting to help employees find a better way to get to work and for
your continued encouragement as we expand the program outreach
April 10, 2018
Page 20
throughout Collier County. We appreciate -- and we also appreciate
your participation in Try Transit Day.
MR. OCHS: Thank you.
(Applause.)
CHAIRMAN SOLIS: I think we should all go down.
MR. OCHS: Yeah. Come out in front and get a photo.
CHAIRMAN SOLIS: And the County Manager should join us as
well.
MR. OCHS: As long as I don't have to bike to work every day.
MS. ARNOLD: You can take the bus.
MR. OCHS: Congratulations.
(Applause.)
MR. OCHS: Thank you, Stephanie. Appreciate it.
COMMISSIONER TAYLOR: So perhaps the next question,
County Manager Oaks, is when is our new gym opening up with the
showers so that when we bike to work we can take showers before we
sit at our desks?
MR. OCHS: We're planning before the end of the calendar year
to have that open, ma'am.
COMMISSIONER TAYLOR: Wow. Great.
COMMISSIONER SAUNDERS: You do realize that everybody
that heard that believes that that is the case.
MR. OCHS: Yes, sir.
COMMISSIONER TAYLOR: But it is.
MR. OCHS: It will happen.
Item #5B
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR APRIL 2018 TO THE AMERICAN RED
CROSS. ACCEPTED BY AMERICAN RED CROSS
April 10, 2018
Page 21
REPRESENTATIVES JILL PALMER AND STEVE ADAMCZYK.
ALSO PRESENT IS SUSAN KUHAR FROM THE GREATER
NAPLES CHAMBER OF COMMERCE – PRESENTED
MR. OCHS: Item 5 is a presentation of the Collier County
Business of the Month for April 2018 to the American Red Cross. To
be accepted by American Red Cross representatives Jill Palmer and
Steve Adamczyk. Also present is Susan Kuhar representing the
Greater Naples Chamber of Commerce. If you'd please step forward
and receive your award.
(Applause.)
CHAIRMAN SOLIS: At this point, Mr. Manager, I was just
going to make a note about the featured artist of the month.
COMMISSIONER McDANIEL: She's going to speak first.
CHAIRMAN SOLIS: Oh, I'm sorry. Gosh. I apologize; I didn't
see you.
MS. PALMER: That's quite all right. Thank you so much for
having us here today.
My name is Jill Palmer, and I am the Executive Director for the
American Red Cross Florida Southern Gulf Chapter serving Lee,
Collier, and Hendry/Glades Counties.
Thank you so much to the Greater Naples Chamber for
recognizing us as Business of the Month and to the county
commissioners for your recognition today. It is our honor to serve the
community. We have just celebrated our Centennial year here for 100
years of service in South Florida serving the residents every single day.
Many don't know that our number one disaster that the American
Red Cross responds to is home fires. I myself experienced a home fire
in 2010, and the American Red Cross was there to offer assistance to
myself and my family.
We are a 92 percent volunteer-driven organization. We could not
April 10, 2018
Page 22
do what we do every single day without the power of our volunteers
and the generosity of our community donors.
I wanted to share some statistic with you very quickly about our
response to Irma. You know, we had a record-breaking year in 2017
from wildfires to floods to hurricanes. The Red Cross was there,
continues to be there. We have been canteening recently for our first
responders and helping those who have lost their homes due to the
wildfires.
But in 2017 our response to Hurricane Irma across the four
counties that we serve, we provided 37,000 shelter stays, we served
more than 407 snacks and meals, we distributed 250,000 relief supplies
like cleanup kits and bleach and trash bags and mops. We provided
16,000 health and mental-health contacts, opened 1,300 cases, and
provide direct financial assistance to over 4,600 residents.
Today we are rolling out our long-term recovery to continue to
help those that are still affected and suffering and moving forward with
the effects of the hurricane.
Thank you so much on behalf of the American Red Cross for
having us here today.
CHAIRMAN SOLIS: Thank you so much.
(Applause.)
CHAIRMAN SOLIS: Again, I apologize for jumping in there,
but I was just going to say something about the featured artist of the
month. In the back we've got some wonderful artwork. The artist is a
full-time Collier County resident; Matt "Mully" Mulhern.
Mully has refined yet loose -- a refined yet loose approach to all
his art, creating his own recognizable style. He uses acrylic paint
combined with a plethora of mixed media materials to give each piece
unique contrasts and textures. Mully's artwork has been displayed in
several galleries, and he has received awards for his tattoo art designs.
So, thank you.
April 10, 2018
Page 23
Item #6A
PUBLIC PETITION FROM MS. MELANIE MERCURIO
REQUESTING THAT THE BOARD OF COUNTY
COMMISSIONERS PASS AN ORDINANCE THAT PROHIBITS
THE RETAIL SALE OF DOGS AND CATS UNLESS THOSE
ANIMALS COME FROM 501 (C)(3) RESCUE GROUPS,
DOMESTIC ANIMAL SERVICES DIVISION, OR THE HUMANE
SOCIETY OF NAPLES - PRESENTED; MS. MERCURIO GAVE
INFORMATION FOR THE COMMISSIONERS TO CONSIDER
IN THE FUTURE
MR. OCHS: Commissioners, that takes us to Item 6, public
petitions. Item 6A is a public petition request from Ms. Melanie
Mercurio requesting that the Board pass an ordinance that prohibits the
retail sale of dogs and cats unless those animals come from 501(c)3
rescue groups, Domestic Animal Services division, or the Humane
Society of Naples.
Ms. Mercurio?
MS. MERCURIO: Good morning, Commissioners and county
staff. My name is Melanie Mercurio, and I rescue dogs all over
Florida.
I want to thank you for allowing me to speak today; however, I do
not believe the issue is ready for a public discussion. I've recently
spoke with some of you individually, and I would like to continue to
do so.
I know that this is something that many Collier County taxpayers
and voters agree with and would like to see happen, and I look forward
to coming back in the near future and making my presentation.
I have some packets to give you if you'll accept them, and thank
April 10, 2018
Page 24
you for your consideration.
CHAIRMAN SOLIS: Thank you.
Item #11D
WAIVING THE CONTRACT TERM REGARDING PAYMENT
OF BUSINESS LICENSE TAX “WHEN DUE” AND AUTHORIZE
PAYMENT OF THE BUSINESS LOCATION INDUCEMENT
GRANT TO POSITION LOGIC, LLC. - MOTION TO APPROVE
AND WORK WITH THE CLERK REGARDING PAYMENT AND
COUNTY STAFF TO PROVIDE ANY ADDITIONAL
INFORMATION NEEDED FOR PAYMENT - APPROVED
MR. OCHS: Mr. Chairman, I wonder if the Board would allow
Item 11D, which was previously 16F2, to be heard at this time.
There's a member of the organization in question that's here. But they
had another commitment, so we'd like to try to get that item dealt with
if we could. This was the item that was moved from the consent
agenda to the regular.
CHAIRMAN SOLIS: Yes. Any -- no objection to that, right?
(No response.)
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: Which item was it again?
MR. OCHS: This is now Item 11D. This is a recommendation to
waive the contract term regarding payment of business license tax,
quote-unquote, when due, and authorize the payment of a business
location inducement grant to Position Logic, LLC.
COMMISSIONER FIALA: What number was it originally?
MR. OCHS: It was originally 16F2, Commissioner.
Mr. Kentner?
MR. KENTNER: Thank you. Good morning, Jace Kentner, the
April 10, 2018
Page 25
Office of Business and Economic Development here regarding one of
our exciting companies that we have in Collier County, an Inc. 500
computer software and a company that does the IOT, the Internet of
things, which we're very proud of, which we offered an inducement
grant to in 2015.
And we -- like most companies in this industry, there's a lot of
mergers and acquisitions. As part of an acquisition during the
progression of this company, there was a situation where we had a
two-year gap in payment of the -- what we call the business license
tax. It's about a $30 tax. That has been corrected. It was merely an
oversight.
We look at this thing -- and I know when it was drafted the
thought was local taxes were ad valorem and personal property taxes.
But in an effort to make sure that the companies we offer inducements
to are compliant and fully participating in Collier County, we are
looking now at the business license tax. And these folks have worked
hard. They hired lots of folks. They have 57 people. It's an exciting
company.
So we're asking to waive the "when due" clause and allow them
to have paid it and to move forward so that we can offer their
inducement grant that we offered them.
Historic background: The company was to -- had the opportunity
to move to another county, to Lee County, and this grant -- this
inducement grant represents the difference in the rent if they stayed
here as opposed to losing them, and so that's the background. It's a
unique inducement that we offered this particular company.
CHAIRMAN SOLIS: Thank you.
COMMISSIONER McDANIEL: Well, thank you, Jace.
CHAIRMAN SOLIS: Anyone else?
COMMISSIONER McDANIEL: Anyone else speaking?
MR. MILLER: Not on this item, sir.
April 10, 2018
Page 26
COMMISSIONER McDANIEL: And I -- in my discussions with
the Clerk yesterday, which was the reason that I asked this agenda to
be pulled up and for us to have a talk, the Clerk had made a suggestion
that he would like to submit the issue to the Auditor General. And I'm
just talking. I'm just -- you know, I'm just -- this is the --
CHAIRMAN SOLIS: I'm just raising my eyebrows.
COMMISSIONER McDANIEL: Oh, okay.
The ration -- agree, disagree, I just -- I wanted for us to have a
discussion about it.
The request that staff is making seems to be reasonable, and so
does the Clerk's request to submit it to the Auditor General for an
opinion, which he has suggested that he will abide by, whichever way
it goes. And I felt that -- because there are questions per the Clerk's
audit, procedures with regard to the business license and that fee,
which is why I pulled it up -- pulled it for discussion.
So I just wanted to clarify with you-all what the Clerk had shared
with me as to -- he has issues with payment, and I would like for this
payment to go through. I think it should go through. I think it's a good
inducement. I think they're a good company, but that was a condition
that was put out there that I wanted to socialize with you.
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: I also had a conversation with
the Clerk, and it may have been after your conversation.
And we discussed the details of this, and I think the Clerk is
willing to make the payment as long as we make the finding that this is
in the public interest and that we -- there may be some hoops we may
have to jump through.
I don't know that it needs to go to the Auditor General at this
point. Of course, the Clerk's got representatives here that can address
that, but my understanding is that as long as the contract is amended or
there's some paperwork done concerning that and that we are in
April 10, 2018
Page 27
agreement with making the payment because that's in the public
interest, I think the Clerk will make the payment. That's my
understanding.
MS. KINZEL: I think that's what the Clerk represented to you
yesterday, Commissioner Saunders. And our discussion with
Commissioner McDaniel was prior to that.
One of the concerns Jace just mentioned was the merger and
acquisition of the company, and those were some of our outstanding
questions. The original agreement was with one company, so we
wanted to get some of the legal documentation prior to it being
submitted to us for pay request.
But both of you are correct to my understanding. So if we get the
additional information -- and I don't know where we would take it. I
think probably the best of both solutions is get us the information
regarding the merger, the acquisition, the payment of the taxes that
have been indicated under the agreement, lead us to the new corporate
name, how we get there, and that may clear up our reservations. If
they aren't cleared up, a letter to the Auditor General would clear it up
for all of us.
MR. OCHS: Mr. Chairman?
CHAIRMAN SOLIS: Yes, sir.
MR. OCHS: You may want to hear from your County Attorney.
He's reviewed the contract terms.
MR. KLATZKOW: I'm at a loss as to why this is not paid, and
I've yet to hear from Crystal a definitive road to get us paid. I've heard
if he gets us some papers, we'll look at them and maybe we'll pay,
maybe we won't, and maybe we'll get this to inspector general.
It's been my experience the inspector general will have no reason
to look at this. This is not something that they do. If they do that,
that's great. It's not binding on the Clerk, I'll tell you that.
If -- another road to do this would be a joint motion by both the
April 10, 2018
Page 28
Clerk and the county for declaratory judgment, can the Clerk pay, and
that would end the issue.
COMMISSIONER SAUNDERS: Mr. Chairman, I hate to
disagree with the County Attorney, but we have a solution to this, and
so let's go back to what Crystal had said. Let's provide a little bit of
paperwork, and we'll be done with it. I don't think we need to get into
any of the conversation that we just had with the County Attorney on
that.
COMMISSIONER TAYLOR: And, Ms. Kinzel -- and I gave
you what the County Attorney did the research -- as economic
representative, I've been very close to this since January, and we've had
many conversations urging this to go in a certain way, and to Ms.
Kinzel's credit, she's been consistent.
But the last iteration is -- I gave you what the County Attorney
gave me, and I gave it to you. Is that not enough information? Because
that does give you that road map of exactly the evolution of how this
was created.
MS. KINZEL: Commissioners, the primary problems have been
the same since the beginning. The terms of the contract and the way
the contract was written and approved by your County Attorney's
Office said that it immediately terminated the contract upon failure to
pay any of the taxes. There was no monetary value. There was no
leeway.
We asked for documentation regarding that. It was not as --
articulated as easily in your executive summary that the tax was
omitted. It was actually intentionally canceled by Position Logic in
2'15. We were trying to get resolution as to why that occurred, how
that occurred, and is the agreement still able to be in effect if, in fact,
by its own terms, it was specifically terminated at that time.
And as Commissioner Saunders is nodding his head, he doesn't
want to get into all this, but I was asked the question. So there were, I
April 10, 2018
Page 29
think, legitimate reasons that we haven't seen total resolution to, but
moving forward with both Commissioner Saunders and Commissioner
McDaniel's discussions with the Clerk, I think we can get there, okay.
COMMISSIONER TAYLOR: Okay. And so you'll be satisfied
if you see the actual -- not only the blueprint of how this evolved, but
you'll be satisfied with backup documents?
MS. KINZEL: The Clerk has indicated that he will pay this, yes,
if he can reach that resolution, yes.
COMMISSIONER McDANIEL: And as a point of clarification,
is it predicated on a letter from the Auditor General as well?
MS. KINZEL: I think the Clerk is first looking for this
documentation, and he'll resolve it.
CHAIRMAN SOLIS: And exactly what documentation -- I
mean, "documentation" is a very broad term. I mean, what
documentation, exactly, are you looking for?
MS. KINZEL: Okay. For example, Position Logic, with whom
this agreement was made, has been acquired or merged, some
combination thereof, that we weren't able to talk about. The name on
the door is not Position Logic. The business cards are not Position
Logic. We just need to understand to whom we would pay and if it
meets the terms of the original contract.
And, again, Commissioner, going back to the fact that the
contract within itself said that when they didn't pay it the contract
terminated, which would have been 2015 the failure to pay those taxes
began. So we're trying to resolve all that.
CHAIRMAN SOLIS: But we are talking about $60?
COMMISSIONER McDANIEL: Well, it's $60 of the business
license.
MS. KINZEL: Well, Commissioner, actually, you're talking
about 117,000 plus --
CHAIRMAN SOLIS: What they didn't pay --
April 10, 2018
Page 30
MS. KINZEL: -- that is contingent upon them doing what they
needed to do.
CHAIRMAN SOLIS: But what they didn't pay was $60. That's
what we're talking about. Okay.
MR. OCHS: Mr. Chairman?
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN SOLIS: Yes, sir.
COMMISSIONER SAUNDERS: The Clerk -- I met with the
Clerk yesterday. He was very cooperative. He indicated that they
would make the payment, but they needed a couple things from the
county.
Crystal has indicated what those things are, and I think we're
ready to make a motion to approve this and move on.
MR. KENTNER: We have Tom Lane, vice president of
operations, and he can give a brief overview, so -- if it might be
helpful.
COMMISSIONER McDANIEL: No.
MR. OCHS: If you don't need it, that's fine. But this gentleman
came in case there was any questions from the Board. They're just
looking to --
CHAIRMAN SOLIS: Okay. No questions?
COMMISSIONER SAUNDERS: I'm going to make a motion to
approve this based on the finding that it's in the public interest and that
the county staff will get with the Clerk to provide whatever additional
information is necessary in order to establish the total trail as to who
the -- what the company's name really is and that sort of thing.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
April 10, 2018
Page 31
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries. Thank you.
MR. LANE: Thank you.
COMMISSIONER McDANIEL: Thanks for coming today, sir.
Item #9B
AN ORDINANCE GOVERNING THE COLLIER COUNTY AND
MUNICIPAL INFRASTRUCTURE ONE-CENT SALES SURTAX
OR ONE-CENT SALES TAX, AND DIRECT STAFF TO WORK
WITH THE COLLIER COUNTY SUPERVISOR OF ELECTIONS
OFFICE TO SUBMIT THE BALLOT LANGUAGE FOR THE
REFERENDUM TO APPEAR ON THE GENERAL ELECTION
BALLOT NOVEMBER 6, 2018 - MOTION TO CONTINUE TO
THE APRIL 24, 2018 BCC MEETING – APPROVED
MR. OCHS: Mr. Chairman, we've got a 10:00 time-certain. I
thought, perhaps, we could hear Item 9B first, which was moved from
your summary agenda. It was Item 17B, previously. This is a
recommendation to approve an ordinance establishing a one-cent sales
surtax ballot referendum to appear on the general election ballot on
September 6, 2018.
COMMISSIONER TAYLOR: And I asked for it to be pulled
because I -- you know, and I take this very seriously. This ordinance
and -- this is a contract with the public if they vote for it. If they don't
vote for it --
COMMISSIONER McDANIEL: Speak of the devil.
MR. BROCK: I was watching.
April 10, 2018
Page 32
CHAIRMAN SOLIS: There was a motion, and it was approved.
MR. BROCK: Perfect. Great. Thank you, Commissioner.
CHAIRMAN SOLIS: You're welcome.
MR. BROCK: I just wanted you-all to understand, and -- excuse
me for the apology.
COMMISSIONER SAUNDERS: Do you have a handheld mike?
CHAIRMAN SOLIS: Well, I mean, we're all done with it unless
you want to reopen it.
MR. BROCK: I want to apologize.
COMMISSIONER McDANIEL: You want talk us out? And
there's no backup on that thing, so everybody behind him be careful.
COMMISSIONER TAYLOR: Yeah. He has no rear-view
mirror.
MR. BROCK: I want to apologize to you.
I spoke to Commissioner Saunders late in the afternoon after I
spoke to Commissioner McDaniel. And when Commissioner Saunders
and I got through talking about it, he had convinced me that I was
wrong and, as a consequence, we agreed to the resolution I must
assume you voted on. Okay?
COMMISSIONER McDANIEL: Next time talk to him first.
MR. BROCK: So I thank you. Next time keep you out of the
woods?
COMMISSIONER McDANIEL: Well, next time talk to him first
and then come see me.
MR. BROCK: Yeah. Sorry about that, but my hands have been a
little full lately, so...
COMMISSIONER SAUNDERS: No apologies necessary. As a
matter of fact, just for myself -- I don't know how the rest of the Board
feels -- I appreciate the oversight, and so no apologies necessary. We
got that taken care of.
MR. BROCK: I mean, the way you-all are working with me, I
April 10, 2018
Page 33
can do absolutely nothing but feel wonderful. Thank you very much.
Thank you.
COMMISSIONER TAYLOR: Okay. So we'll get to the
ordinance establishing the sales tax initiative.
And I take it very seriously. This is a contract with the public.
Well, they need to have a reference within the ordinance. The actual
website will be referenced within the ordinance so that the public -- so
it's clear, our intentions, that this money is raised specifically for the
items listed that can be referenced on the website.
And I'm assuming the website are PDFs, which means they
cannot be manipulated, and that's what I am confirming.
And I'm depending on our good County Attorney for that the
wording, and I'm going to let him move forward with it.
MR. KLATZKOW: Would the Board like to see it on the
overhead?
COMMISSIONER TAYLOR: Yeah.
MR. OCHS: I have it here, Jeff, I think. Let me see if this is it.
Does that work?
CHAIRMAN SOLIS: Is there a motion to amend the ordinance?
COMMISSIONER TAYLOR: I make a motion to amend the
ordinance as displayed on the -- or as presented by the County
Attorney's Office.
CHAIRMAN SOLIS: Okay, I'm sorry. There are some speakers.
MR. MILLER: Yes. Mr. Chairman, we have five registered
speakers on this item.
COMMISSIONER TAYLOR: I'll withdraw my motion.
MR. MILLER: Your first registered speaker is Dr. Joseph Doyle.
He will be followed by Sandy Doyle.
COMMISSIONER McDANIEL: We'll mess up the 10:00
time-certain.
DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle,
April 10, 2018
Page 34
Naples.
I wanted to thank you, Commissioner McDaniel, for offering to
pull this onto the regular agenda and, of course, Commissioner Taylor
for doing so.
I was actually -- I sent you all an email over the weekend saying
that I was really quite concerned about the disconnect, because there
was an ad in the Naples Daily News on March 30 saying there would
be a public hearing, and then this shows up on the summary agenda.
And I'm here for a tax that's going to collect $420 million over
seven years, which is approximately half of one of your annual
budgets. To put it on a summary agenda was not quite transparent and
courteous to the taxpayer. So be that as it may, that is now water under
the bridge because we are here talking about it.
As you know, I have been here several times during this process
back in late 2017 as well as again earlier this year, and I am still
opposed to the sales tax. It's a slippery slope that we are on when we
do these things, and it's because of the project list.
Commissioner Taylor, to your point, I think we need to make sure
that every penny is accounted for for these projects.
I am in favor of the transportation projects. We all know that we
just went through season. It's just wrapping up, and you know what
the congestion is like. And it also has to support growth. But that's
what I call hard real infrastructure. Whether you -- you know, and I
believe that the Sheriff needs what he needs for his forensic and
evidence building and that we do need a mental-health facility, you
know. The David Lawrence Center is just too small for a county this
size right now. And that would also help the Sheriff doing what he's
doing, since he's really the largest mental-health facility in the county
at this point.
So I call that putting good money -- because right now the Sheriff
is putting good money after bad, so to speak, okay.
April 10, 2018
Page 35
But as far as these other things go, a career and technical training
center? You know, that's something that the school district should be
doing. We -- while you spend about a billion dollars over here on
county operations, the school district spends another billion dollars,
mostly with our taxpayer doctors. That should be really their purview.
And I mentioned that back in the December meeting, I believe.
And as far as the Workforce Housing Land Trust goes, you know,
we don't really have all the details on that. And as far as the VA
nursing home goes, we don't know if we're ever going to get that, so
we shouldn't be collecting money for it.
Thank you.
MR. MILLER: Your next speaker is Sandy Doyle. She will be
followed by Richard Hoffman.
I'd like to remind our speakers you can use both podiums. If we
could please be waiting with the second speaker; move things along,
please.
Thank you.
MS. DOYLE: Good morning, Commissioners. I am Sandy
Doyle, a Collier County resident and taxpayer since 1991.
The Greater Naples Chamber of Commerce, working with you,
the Collier County Commissioners, has decided that in order to address
the issues of workforce training and workforce housing and a wide
variety of other projects, a 1 percent sales surtax is the best solution.
The 1 percent sales surtax is expected to generate $420 million over
seven years. Twenty million will be put into a land trust to buy
overpriced land which will be given to greedy developers to reduce
their costs of constructing workforce housing and 15 million for a
career and technical training center.
Workforce housing, previously referred to as low-income
housing, then subsidized housing, is no longer for low-income
workers, for those in need, but for teachers, firefighters, police officers,
April 10, 2018
Page 36
and other professionals who find it too difficult and inconvenient to
commute to work from the suburbs where housing prices are lower.
Many retirees have made public comment in the past about the
years they spent commuting in the major metropolitan areas of the
northeast, so we have no sympathy for the millennials who feel that
they are better than their parents and their grandparents with respect to
commuting.
Workforce training is meant to help the institutes and the
instructors who provide the training, not the students.
In Collier County, the graduating high school students with
grades of A or B plus are likely to go to college; whereas B and C
students will probably go into family business, get a job with a local
firm, work in the hospitality industry, work for government, join the
military, or start a small business.
So the real question regarding career and technical training is
threefold. One, what jobs are we training the students for? Two, can
the students with lower grades complete the course of training? And,
three, why pay an additional 1 percent sales tax when this vocational
training should really be part of the regular school district budget.
The project list on this sales surtax needs to be pared back to
address only the hard infrastructure: Roads and bridges, sheriff office
-- sheriff facilities and mental-health facilities.
So God bless you and guide you as you spend the taxpayers'
hard-earned money. I thank you, and have a wonderful day. Amen.
MR. MILLER: Your next speaker is Richard Hoffman. He'll be
followed by H. Michael Mogil.
MR. HOFFMAN: Thank you, Commissioners, for having me
here. My name is Richard Hoffman, as mentioned. I live in the
Collier -- the Orangetree section in Collier County.
My comments relate to an issue that we are all aware of but which
we are ignoring because everybody finds it uncomfortable to talk
April 10, 2018
Page 37
about. The issue is the price tag of completing the projects in the
referendum, which is $420 million. That's an awful lot of taxpayers'
money, but nowhere in the referendum do we mention this amount. I
realize that by the number, the -- excuse me -- the words in the
referendum are limited by state statute, but I don't believe that's a
reason not to mention the cost.
The important thing in the referendum from a citizen's point of
view is how much extra we pay in taxes. In the referendum you
mention spending money on career and technical training. I would
suggest remove that reference and highlight the $420 million instead.
In the referendum you mention acquiring land and supporting
construction for workforce housing. You could also remove that
reference and highlight the 420 million instead.
And, finally, there's a referendum to the veterans nursing homes
and expanded mental-health facilities. Again, you could reduce --
remove, excuse me, that reference and highlight the $420 million.
It is important to realize that there are many other projects in the
referendum that we're going to be spending money on. So somebody
had to look at this list of projects and, based on what they saw, make a
decision as to what to put in the referendum. From a citizen's point of
view, the most important thing that should have been put in the
referendum is the reference to the $420 million cost.
In my opinion, by not putting the $420 million reference in the
referendum tells me that you're not being upfront with the citizens and
hope we will ignore the cost and vote in favor of the proposal.
One of the commissioners mentioned the contract with the
citizens. What contract doesn't tell you how much you're paying for?
That's the end of my comments. Thank you.
MR. MILLER: Your next speaker is H. Michael Mogil. He'll be
followed by Steve Bracci.
MR. MOGIL: Good morning, Commissioners. Mike Mogil. I
April 10, 2018
Page 38
live in Naples. I came here to escape Washington, D.C. I'm not sure
that I've escaped it.
I'd like to read a quote from the late Senator Dirksen, 1978. He
said, a million here, a million there. Pretty soon you're talking about
real money. Well, let's change that to 420 million here, 420 million
there. Pretty soon we're talking about real money.
I am concerned that this 1 percent sales tax puts the camel's nose
under the tent. We already know from testimony given here in months
past that the environmental community wants to come back next year
and deal with a sales tax for environmental issues. We already have
other issues before us. Someone will come forth with an idea that we
need another half or 1 percent sales tax, if not countywide, a bed tax, a
tax on rental cars, whatever.
If any of you have ever rented a car in Phoenix, Arizona, the car
rental is the cheap part of a car. The sales taxes, fees, surcharges, and
anything else are 72 to 100 percent of the price of renting the car. I
don't want that to happen in Collier County. It's already happening
with one tax or another or another.
I think we need to start looking at this from the vantage point of
we're running a family. So I'm going to raise some questions. My
wife and I just bought appliances, washer/dryer, refrigerator. Yes, I'm
sharing TMI. I get it. But we had to look at our budget and say, where
does this fit? It's a lot of money. How are we going to pay for it? Do
we want to put it on a credit card and pay interest, or do you want to
figure out what we can cut to make it fit now because we need it now.
That's what we did.
So my question is -- we're talking about building infrastructure,
building roads, building other things. Can we do something that would
stop us from building? Could we do an updated traffic study and speed
the flow of traffic somehow, even if not countywide, maybe on
Immokalee Road or maybe on Pine Ridge. That doesn't require
April 10, 2018
Page 39
building, but it requires taking care of traffic issues.
Has anybody ever sat down with county government -- and I don't
know the answer to this, and I'm sorry I don't know it in advance -- to
do an efficiency study of the county operations? What people do we
have? What programs are we doing? What can be cut? What can be
streamlined? What can be moved somewhere else? Maybe it belongs
in the school budget and not here. That would be useful information.
When I worked for the feds, whenever we had budget cuts, I and
my group of people had to come up with a 10 percent budget
reduction. They didn't always buy the 10 percent, but we had to
identify the 10 percent. When can we do that for the county before we
put this on the agenda? Let's see if we can cut some money and find
money to fund these functions.
Thank you for your time and attention.
MR. MILLER: Mr. Chairman, your final registered speaker on
this item is Steve Bracci.
MR. BRACCI: Good afternoon -- good morning, Board. My
name's Steve Bracci.
I wanted to talk about the process of this 1 percent proposed sales
tax increase by referendum.
It's a half a billion dollars. It looks -- you guys haven't had a lot
of discussions about it. You know, it's going for a vote of the people of
Collier County, but it seems to me that between now and then all that's
happening is a big propaganda campaign. And what I see is kind of
the typical playbook where the county basically outsources its difficult
political issues to the Naples Chamber, which is not really a Chamber
of Commerce. I mean, when you think of commerce, you think of
business. But you look at the constituency of the Naples Chamber.
The County Manager sits on there. The superintendent, who's going to
get her career training center, sits on that board. Bill Barker, the
president and publisher of the Naples Daily News is the chair elect of
April 10, 2018
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the Naples Chamber board.
Does anyone in this county think it's a good idea to have the
newspaper president who controls the media to also then sit on the
Naples Chamber as its board? And then have all of these -- basically,
if you look at who makes up the constituency of the Naples Chamber
making these decisions for us or pushing the narrative, who's on there?
Big business, the biggest businesses in this town; big landowners; big
banks; big nonprofits and nongovernment organizations; and big
government. That's who comprises the Naples Chamber.
You read the paper in this town, and they're talking about --
they're pushing this 1 percent sales tax. It's as though -- they give this
narrative as though there's this buy-in of the business community. You
know what? I'm a business community. Do you know who I am? I
am myself and my wife. Nobody gives me a dime except for money
that I earn by my own efforts.
I'm not represented on that Naples Chamber, a small law firm like
myself; go look at them. I don't exist. Landscapers, you know, small
contractors, they're not on this Naples Chamber, but they're pushing
this narrative. Why? For themselves, because it's the same people
over and over and over. Whether it's this group that's pushing the 1
percent sales tax increase or whether it's Blue Zones or whether it's this
Affordable Housing Committee -- Stakeholder Committee, it's the
same people appointed over and over and over again.
It's the same people at the beginning of these meetings who give
themselves awards. I mean, do these people -- these proclamations at
the beginning of these meetings, I mean, are they proud of these
awards that each other gives in this community? Because if you read
the newspaper or if you listen to these proclamations, you'd think that
the only people in this town doing business are government and NGOs
and not-for-profits.
The people who have been left out of this 1 percent sales tax
April 10, 2018
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propaganda effort are the real workers, such as myself, of Collier
County.
Thank you.
(Applause.)
MR. OCHS: Those are all the speakers.
CHAIRMAN SOLIS: Those are all the speakers?
MR. MILLER: That was all your speakers, sir.
CHAIRMAN SOLIS: There was a -- is there a motion?
COMMISSIONER TAYLOR: There's a motion but, you know, I
had another question. I read in the newspaper -- how could I have
done that? There's now a new audit required that we are going to have
to undergo; is that correct?
MR. OCHS: Yes, ma'am --
COMMISSIONER TAYLOR: County Manager --
MR. OCHS: -- that's correct.
COMMISSIONER TAYLOR: -- can you please address that.
MR. OCHS: Well, there was a requirement put into the piece of
legislation this last session that requires that a performance audit of the
county be done six days prior to the referendum vote.
COMMISSIONER TAYLOR: Okay. And do you feel --
MR. OCHS: And that's done by the State Auditor General's
Office, I believe.
COMMISSIONER TAYLOR: It's done by the state?
MR. OCHS: Yes.
COMMISSIONER TAYLOR: Okay. So it's nothing that we can
control. And is there enough time frame for that to happen?
MR. OCHS: We believe there is.
COMMISSIONER TAYLOR: All right. Good. Okay.
Well, I think, just for the record, no one is shoving this down
anyone's throat. You are in control. And what we're trying to do here
is make sure that what is published, you can -- there's a contract that if,
April 10, 2018
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indeed, you vote for this -- and I don't know whether you're going to
vote for it, but if you do, there is an accountability by the government
and by the entities receiving the money to spend the money in the way
that you voted that they spend it.
In the recession we let go of 400 people from Collier County
Government. A little more than 10 percent, would you say? During
that time frame, when your property values went down, our income
went down, because our income is derived -- most of our income that
we use to manage this government comes from the General Fund.
So we became very lien. We understood what it meant to the
people we had to let go. It was a very, very painful process. At the
same time, we started putting money and building up our reserves so
that when Irma came last year and we budgeted $167 million to pay for
Irma, we had the money to pay for it, unlike some of our neighboring
counties that didn't have the money and are borrowing.
We are establishing a productivity committee for the public to
review what we do. We're completely transparent. And on that, I'd
like to make a motion that we --
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN SOLIS: His light is on, but you can make your
motion if you'd like.
COMMISSIONER TAYLOR: Okay. I want to make a motion
that we amend the ordinance as delivered by the County Attorney so
that in the ordinance it references the website which will list in detail
what these projects are. Is there a second?
CHAIRMAN SOLIS: Is there a second?
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN SOLIS: Okay.
COMMISSIONER SAUNDERS: So if the motion passes, then
the ordinance is amended and approved as stated; is that correct?
CHAIRMAN SOLIS: Correct.
April 10, 2018
Page 43
COMMISSIONER SAUNDERS: A couple weeks ago I raised
some concern because we had one commissioner that was voting
against this, and I was concerned about not having a united board on
this issue. Today I understand now we have two no votes, and I'm not
sure what happened. I would ask Commissioner Fiala what's -- what,
kind of, changed your mind? What's wrong with this proposal?
And then I think we just need to have a conversation of do we
move forward with a referendum where we have a 3-2 vote to move
forward with it. I'm assuming that we still have three votes to move
forward with it, and that may not even be correct.
But I am curious, Commissioner Fiala, as to what prompted you
to switch your position on this.
COMMISSIONER FIALA: Remember when we were talking
about it and you never heard a word from me, because I was feeling
very uncomfortable with it then. And I just felt that there were -- some
gentleman, I don't remember who it was, but anyway, suggested that
we break it up into three parts, and he said, you know, there are some
parts that are really good on there and some parts that maybe people
don't like.
And there were parts of it here or there that I thought needed to be
adjusted, just things that I didn't agree with or whatever. And I just -- I
couldn't wholeheartedly support it, but I didn't want to say no because I
figured, well, let the public make their decision; let them vote on it.
But I didn't want to go into that phase with looking like I support
the whole thing. Yes, there are a few things in there that I think are
very wonderful and there are a few things I don't think are very
wonderful. And I just --
COMMISSIONER SAUNDERS: Well, why don't we talk about
taking those things out? I mean, we have the project list. We can
modify that.
CHAIRMAN SOLIS: Yeah.
April 10, 2018
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COMMISSIONER FIALA: Oh, I don't know.
CHAIRMAN SOLIS: I mean, is -- I think there's certain projects
included in the list that even the speakers said they thought needed to
be done. Vanderbilt Beach Road extension.
COMMISSIONER FIALA: That's a wonderful one.
CHAIRMAN SOLIS: It's critical. I mean, if there's a way to boil
down the list to the items that everybody's in agreement with, then I
agree with Commissioner Saunders. I mean, that's a good process.
That's probably what we ought to be doing.
Now, we've been discussing that list for six months or more, but
if we need to discuss it some more, I think that that would be worth
doing.
And I will just add that, from my perspective there are projects,
and everybody that spoke today said that there are projects that need to
be done. And I will use Mr. Mogil's example. We need to do these
things.
We went through the cost-cutting process involuntarily through
the recession. We let over 400 employees go. We put -- most of these
projects, I think, that are on the list are things that had been scheduled
that had to be put off because we did not have the money to do it
during the recession. The cost-cutting process happened during the
recession.
So we have an option -- if we agree that there are projects that
need to be done, we have two options. We can put this decision to the
voters. And it's certainly up to the residents of Collier County as to
whether or not this is a good idea from their perspective. We give
them the option to do it this way.
The other way is we borrow the money and we put it on a credit
card. And our estimate right now, if it's long-term debt, is an
additional $120 million.
If you're asking me what's the most conservative way of getting
April 10, 2018
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these projects done, paying less is better than paying more. And, you
know, I think we have to -- that's really, for me, the question that's
being put to the voters. How do you want to fund this? A limited
seven-year sales tax that is not up to the county commissioners to
extend, cannot be extended, or do we get into long-term debt and then
pay the interest from property taxes and the pressures that that's going
to put on our millage rate?
So that's my perspective and -- but if we need to discuss the list,
I'm happy to do that.
COMMISSIONER SAUNDERS: Mr. Chairman, could we ask
the County Manager to put the list on the board, the overhead? And
why don't we pare down this list and see if we can get four or five
votes. I'm concerned about moving forward on a tax referendum on a
3-2 vote.
COMMISSIONER FIALA: Could I ask a question about roads
and bridges? Just to -- a blanket question about road and bridges.
COMMISSIONER TAYLOR: Of course.
COMMISSIONER FIALA: Absolutely everybody has agreed we
do need the road system. I think it's a must. Can we build it all in
seven years with the $420 million? That's really ambitious to try and
build all at the same time; meanwhile, we continue to get money in
from impact fees. We continue to get money in from gas tax. And I
just -- you know, then how much extra do we collect from this that
we're already getting from impact fees?
CHAIRMAN SOLIS: Current funding includes all those that you
mentioned. The current funding includes the impact fees, gas tax.
MR. CASALANGUIDA: That's correct, Mr. Chairman. The
current funding is the five-year forecast. It's only a five-year forecast.
It comes from our sea of what we expect to bring in from all of the
revenue sources except our Developer Contribution Agreements, if
there are any. So that second column is the funding that we have
April 10, 2018
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planned for the first five years.
COMMISSIONER FIALA: That was just one. Not that I -- not
that I would ever want to eliminate it, because I think that we all need
that.
I think there are some things that are -- well, you know, like, on
facilities and capital replacements. They're good, too. There are just
other things down the line that I don't know if we need, or whatever,
that we should fund. I just didn't feel comfortable about voting yes to
it.
And -- but then the public can vote whatever they want to do and
decide whether they want it or not, you know, and whatever the public
says is law.
CHAIRMAN SOLIS: Right.
COMMISSIONER FIALA: And so that's fine with me, too. If
the public says, yeah, I love it, okay, fine; good.
CHAIRMAN SOLIS: The question is, do we give the public the
option to vote on it?
COMMISSIONER FIALA: I understand that.
CHAIRMAN SOLIS: I mean, that's really the issue, I think,
where we're at now.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And I would like to say
this, Commissioner Saunders. You've eluded to it several times.
You're not going to get a 5-0 vote. I haven't changed my position on
this. It actually went downhill in the last meeting when you voted to
expend an additional $100,000 of the taxpayers' money to promote this
initiative; gave the County Manager that ability to spend up to that
amount to justify this.
COMMISSIONER SAUNDERS: Mr. Chairman, I'm going to
withdraw my second on the motion.
COMMISSIONER McDANIEL: So -- and in conclusion, with
April 10, 2018
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regard to that -- and I don't mean disrespect, sir. I want everybody
who's been watching with regard to this and listening to what I'm
saying, there is no argument. My friends that are members of the
Chamber of Commerce have done an amazing job, our County
Manager, our staff have done an amazing job showing and discussing
the need. There's no argument that there's a need.
And we can all sit around and talk about the validity of these
listed needs all day long. And, certainly, five people came and spoke
today, and five people shared different opinions as to what's most
important and not.
I think our board probably should take this to -- the Board should
take this to the voters to let them vote. I will promise that, and I'm not
-- but it's on the premises -- if you listened to me last year when I
shared my concerns, as a matter of principle -- and I believe there is
another way that I have not been afforded an opportunity to explore. I
cannot support this, period.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN SOLIS: Yes.
COMMISSIONER SAUNDERS: I'm going to suggest that this
item be continued. I'm not going to vote for this today. So if we push
the vote today, it's going to fail. We've just been told that we
frivolously spent $100,000 in taxpayer money. I don't believe that's
the case.
COMMISSIONER McDANIEL: I didn't say "frivolously." It is
what is, in fact, being done. I didn't say "frivolously."
COMMISSIONER SAUNDERS: That was my interpretation.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER SAUNDERS: So we obviously have a split
board on this. I think to move forward today on a 3-2 vote would be a
mistake, so I withdrew the second, and I will not vote for this today.
COMMISSIONER TAYLOR: And I'll withdraw my motion and
April 10, 2018
Page 48
make a motion that we continue this to our next meeting. I think it's
very important. I would agree with Commissioner Saunders. Given
the testimony from the public today and also the discussion up here, I
think we have a lot of work to do.
COMMISSIONER SAUNDERS: And, Mr. Chairman, perhaps
in the interim if there are projects on this list that could be eliminated
so that we at least have a 4-1 vote on this thing, then I think that would
be the way to go. If we can't get to that then, of course, we can decide
in two weeks whether to move forward with this.
CHAIRMAN SOLIS: Thank you. And I would suggest,
respectfully, to Commissioner McDaniel, that if you have a different
proposal -- I mean, it sounded like you weren't afforded an opportunity
to present your proposal on how to do this in a different way --
COMMISSIONER TAYLOR: Two weeks.
CHAIRMAN SOLIS: -- because of something that the Board has
done. I mean --
COMMISSIONER McDANIEL: No, no.
CHAIRMAN SOLIS: -- I would welcome it at any time.
COMMISSIONER McDANIEL: And I will bring forward that
initiative when I have had an opportunity.
And I shared this with you last year. And I'm not looking to
throw anybody under the bus or do anything. I just want you to
understand it requires staff support in order to bring forward a different
way of transacting our business, and that staff support hasn't been
afforded in a manner that I've been able to satisfy myself before I come
public with a different methodology other than that that we've been
doing for the past 30 years.
CHAIRMAN SOLIS: Very good.
COMMISSIONER SAUNDERS: And I don't know what the
timeline is, but we're going to run out the clock here if we don't move
this forward fairly soon, I would think.
April 10, 2018
Page 49
COMMISSIONER McDANIEL: Well, if this passes, if this
referendum passes -- I'd like to share with you again, this isn't a
discussion about need. It's just a methodology of how to satisfy that
need. And so if this referendum passes and it goes to the electorate
and the electorate votes for it, then we'll all work diligently to ensure
that the monies are expended in an appropriate manner. And if it
doesn't, then it doesn't.
And in between then and now is certainly sufficient time for us to
have that discussion.
COMMISSIONER FIALA: I second Penny Taylor's motion, by
the way. Nobody did, right?
COMMISSIONER TAYLOR: Yeah. And it was really a Burt
Saunders, so I'm going to let you second it.
COMMISSIONER FIALA: Was it yours?
COMMISSIONER TAYLOR: I did a continue.
County Manager, do you have the -- will your staff be able to
work with Commissioner McDaniel so that this idea is brought
forward at our second meeting, or our next meeting?
MR. OCHS: Yes, ma'am. We have been working with
Commissioner McDaniel.
COMMISSIONER McDANIEL: That is if Commissioner
McDaniel has the time to appropriate it in the next two weeks as well.
So there's more than just the county staff with regard to that. Again,
I'm not saying anything disparagingly. We talked about this yesterday
when I met with staff, so...
MR. OCHS: Yeah. I wouldn't characterize it as staff not
supporting anybody. We provided some information. The
Commissioner wants some different information, so we'll get it to him.
COMMISSIONER TAYLOR: Okay. So given that different
information, will you -- do you think you'll be able to present this?
Because you've brought forward something on the public venue with a
April 10, 2018
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-- unfortunately, the deadline isn't ours. The deadline is the election.
COMMISSIONER McDANIEL: Right. And it's not my
deadline. My position hasn't changed since last year when this
initiative came forward. And I can't say and -- I mean, without me
giving you my calendar, which you don't want to hear about nor does
anybody else, I can't say that I'm going to actually have the time to
appropriate this to be able to prepare it in a sufficient manner to bring
it back to you so that I can explain it to you. I can't promise you that,
period.
CHAIRMAN SOLIS: Okay. Well, then we'll see what we get if
we can get it.
COMMISSIONER McDANIEL: Correct.
CHAIRMAN SOLIS: Very good. There's a motion to continue
the item and a second. All in favor, say aye.
COMMISSIONER McDANIEL: I'll vote for that.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries. We'll continue the item to
the next meeting. Was that the motion?
COMMISSIONER TAYLOR: Yes.
MR. OCHS: Yes.
COMMISSIONER TAYLOR: Unanimously.
COMMISSIONER McDANIEL: Yes, continuance.
COMMISSIONER TAYLOR: We need a break.
CHAIRMAN SOLIS: I think we had a 10 o'clock time-certain. I
think our court reporter needs a break. Maybe we'll come back at
10:30 and start the time-certain.
April 10, 2018
Page 51
MR. OCHS: 10:35.
CHAIRMAN SOLIS: 10:35; whatever the court reporter needs.
MR. OCHS: Ten-minute break.
CHAIRMAN SOLIS: 10:35. Thank you.
(A brief recess was had.)
Item #11A
STAFF TO CONTINUE IMPLEMENTATION OF THE
COMMUNITY HOUSING PLAN (CHP) BY PERFORMING THE
FOLLOWING: (1) DIRECT COUNTY ATTORNEY TO
ADVERTISE AMENDMENT TO CHAPTER 74 OF THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES
RELATED TO IMPACT FEE DEFERRALS; (2) APPROVE A
RESOLUTION TO SUPERSEDE RESOLUTION NO. 07-203
WHICH ESTABLISHED AN AFFORDABLE-WORKFORCE
HOUSING TRUST FUND AND ESTABLISH A NEW LOCAL
HOUSING TRUST FUND; (3) DIRECT STAFF TO INITIATE THE
PROCESS TO ESTABLISH THE CREATION OF A
COMMUNITY LAND TRUST; (4) DIRECT STAFF TO INITIATE
A NEXUS STUDY TO DETERMINE APPROPRIATE LINKAGE
FEES ON NEW DEVELOPMENT OF VARIOUS TYPES AS
WELL AS THE MAXIMUM FEASIBLE FEES DEVELOPMENT
CAN SUPPORT IN LIGHT OF EXISTING FEES AND OTHER
FACTORS; (5) DIRECT STAFF TO DEVELOP A HOUSING
THAT IS AFFORDABLE MARKETING, PUBLIC RELATIONS,
AND COMMUNICATIONS PLAN - MOTION TO CONTINUE TO
THE APRIL 24TH BCC MEETING AND SET A TIME FOR A
WORKSHOP – APPROVED
MR. OCHS: Ladies and gentlemen, if you'd please take your
April 10, 2018
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seats.
Commissioner, this takes us to your time-certain hearing at 10
a.m. We're running a little behind, obviously. This is Item 11A on
your agenda. It's a recommendation to authorize staff to continue
implementation of the Community Housing Plan. Mr. Cormac Giblin
will make the staff presentation.
MR. GIBLIN: Good morning, Commissioners. Again, I'm your
Housing and Grant Development Manager. Cormac Giblin, for the
record.
I do want to enter into the record some minor corrections that
were made to this item. There were some problems with the upload
and some of the scanning, and those corrections were distributed to the
Board and the public record late last week after they were noticed. I'll
give one to the court reporter now for the official record.
Commissioners, today we're here to present Step 2 of your
Community Housing Plan implementation. We were here in -- well,
first step back to the broad community support that -- the minds that
went into the creation of the housing plan. The housing plan was
created by this board over almost a three-year process. We had
broad-range support of the community in helping us create it.
In February we brought you Step 1, implementation items. Those
items were to adopt a new definition of affordable housing for Collier
County, adopt the updated housing demand methodology, a resolution
to advocate for greater grant funding from Tallahassee, a policy to
address housing that is affordable in future land acquisitions of the
county, to amend the housing -- affordable housing density bonus
program, and to create a concurrent zoning review and approval
process.
We're here with the second set of recommendations from your
housing plan. And, briefly, those are amendments to the Impact Fee
Deferral Program, establishment of a local housing trust fund, we want
April 10, 2018
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to initiate the process to establish a community land trust, initiate a
nexus study to determine appropriate linkage fees, and develop a
"housing that is affordable" marketing public relations and
communications plan.
I'll start right in with, in order to frame this, we did get some
late-breaking news out of the state and federal government last Friday.
The income limits for Collier County, the median household income,
was recently updated last -- late last week. And on your visualizer
now you can see that for 2017 our median and household income was
$68,300. According to the definition that you adopted at your last
meeting, we then addressed affordable housing at certain targeted
income levels: Extremely low, low, moderate, and gap housing.
For a common three-person household in Collier County, those
are the corresponding income limits for each level along with
corresponding occupations that may be involved at those income
levels.
Commissioners, as I mentioned last week, the median income
was updated by the census bureau. Collier County now has a median
income of $75,000 per household. It's an increase of 10 percent. It's
the largest increase that many of us working in the industry can
remember in one year. And now the income limits have been adjusted
accordingly along the spectrum, increasing those income limits for all
the income levels.
Collier County has the highest median household income in the
state of Florida. We also have the highest housing sales price in the
state of Florida.
The change in income levels means that -- or the increase means
that Collier County has the richest low-income population in the state
of Florida, if you want to look at it that way.
We'll get to the recommendations. The first recommendation in
this set is to amend the Collier County Impact Deferral Program. The
April 10, 2018
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current Impact Fee Deferral Program for affordable housing has an
owner-occupied housing program and a rental housing program.
Our existing program is pretty sophisticated compared to what
other counties and municipalities do around the state. It removes the
upfront cost of impact fees from the development pro forma of any
development.
Again, for review, the owner-occupied for-sale program addresses
housing for buyers up to 120 percent of median income; that's
moderate. It's based on the de minimus amount. The program has the
capacity to operate less than 3 percent of the prior year's collections,
which gives the program about the capacity to do 90 homes per year. A
lien is placed on the home that's payable upon refinance/resale, and it's
paid to interest with the county. We are not proposing any changes to
that side of the impact fee.
On the rental program, currently, it goes up to 80 percent of
median income, which is low income. There's a maximum of 225
units per fiscal year allowed in the program, it offers a 10-year deferral
of fees, there's a security instrument that's held by the Clerk that is
cashed in Year 10, and apartments that are created must remain
affordable for 15 years.
Today's recommendation, again, on the owner-occupied side
we're proposing no changes. On the rental side we want to encourage
the development of affordable rental housing by allowing the Board of
County Commissioners on a case-by-case basis to consider impact fee
deferrals in excess of the annual allotment of 225 and consider impact
fee deferrals greater than 10 years. We'd also like to increase the
income limit up to moderate income housing and extend the
affordability term from 15 to 30 years.
Commissioners, those are the -- that's a snapshot of what we're
proposing for the impact deferral changes. I don't know if you'd like to
discuss these one by one. There are five total recommendations. That
April 10, 2018
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was the first one.
CHAIRMAN SOLIS: Any questions for staff?
Oh, Commissioner Fiala.
COMMISSIONER FIALA: Yeah. Just the last one, and that is to
extend the affordability term from 15 to 30 years. And my concern
would be, if say, for instance, you've purchased a home rather than
renting, you've purchased a home, but you can't really increase the
value of it very much because now it would be extended for 30 years.
So in order to sell it, there would be no incentive to take care of
your property. And sometimes those properties get pretty rundown
looking because there's no incentive to keep them nice and to improve
them and upgrade them.
So that portion I would prefer to just keep it -- this is just me. I
would just prefer to keep it at 15 years rather than 30 years.
MR. GIBLIN: Again, Commissioners, just for clarification. We
are not proposing any changes to the owner-occupied side. So those
restrictions wouldn't change. You are allowed to sell your home and
get the appreciation after paying a penalty on the owner-occupied side.
The moving it from 15 to 30 would only apply to rental.
COMMISSIONER FIALA: Oh, I see. But then the rental
companies, they would have their maintenance people trying to keep
up the property; is that correct?
MR. GIBLIN: Certainly.
COMMISSIONER FIALA: Well, you would hope anyway,
right? Okay.
CHAIRMAN SOLIS: Is that all?
Commissioner McDaniel.
COMMISSIONER McDANIEL: And I just want to talk a little
bit.
The way this is orchestrated, our executive summary delineates
certain items in it, and then there are actually two proposed ordinances
April 10, 2018
Page 56
to be passed, and so I had some discussion with regard -- or wanted to
discuss some specificities in the actual ordinances if they are going to
be passed.
And I wanted a point of clarification. On Attachment A, which is
the ordinance for the impact fee, the deferral, the inclusion of moderate
income, are we precluding gab housing?
MR. GIBLIN: We are not proposing to allow rental housing
impact fee deferrals for gap. The corresponding rental amounts would
put us pretty close to what market rate is.
COMMISSIONER McDANIEL: Okay.
MR. GIBLIN: There would be no great public benefit to doing
that.
COMMISSIONER McDANIEL: Okay. The discussion we -- it
was -- and it was I who was having an issue with these rentals that are
rolling off. We're offering density bonuses for additional units to
incentivize affordable housing back in the day, and then they roll off
the tax rolls.
It was I that wanted to -- I wanted it to be longer, to be honest
with you. I mean, right now my perception is we're moving the can 15
years down the road to 30 years down the road. And I had asked -- I
would like to see, you know, what the cost-benefit analysis is with
regard to the deferrals that we're providing for and the extension of that
time, what that cost is, because those are costs that we actually acquire
when we give the extra density.
When we have the extra units that are out there, there is
infrastructure that's associated. There's maintenance and expenses.
And I just have -- like to see -- I'd like to see that cost-benefit analysis
with regard to -- with regard to those deferrals.
There was a discussion -- and, again, I just -- I didn't see anything
in this ordinance that had to do with assistance being offered to
first-time home purchasers. I know we have had in the past very
April 10, 2018
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successful government programs to assist first-time home purchasers.
I actually did it myself. Back in the early '90s we were offering
principal insurance, reductions, and securities to allow people with a
10 percent down payment to be able to qualify for a home and not have
to pay the principal insurance that traveled along with it.
MR. GIBLIN: Commissioner, on that point, we do have -- and,
again, we are not proposing any changes on the owner-occupied side,
which would address the first-time homebuyer, but it is currently a
requirement that -- I'm reading from No. 5 on Page 5 -- the owner, or if
there is more than one owner, both of the owners must be first-time
homebuyers.
COMMISSIONER McDANIEL: Okay, okay.
COMMISSIONER FIALA: Does it say that somewhere up here
that I'm not seeing?
COMMISSIONER McDANIEL: It was in the backup
information. I do remember reading that.
COMMISSIONER TAYLOR: It's here, yeah. It's under -- on the
handout that we got, or the backup, is Page 5 of 18. It's in the middle
of the page, ma'am.
COMMISSIONER McDANIEL: I did have one other question
specifically on Page 8 of the actual advertised ordinance or the -- are
we making a motion to advertise this as an ordinance to come back to
us?
MR. KLATZKOW: Yes, sir.
COMMISSIONER McDANIEL: Okay. Just in regard to the
Paragraph 3 on Page 8 that talked about, the Community and Human
Services Division may waive the triggers of the obligation to pay the
deferred impact fees due to a refinancing. I just -- I was wondering
about that subjectivity or discretionary decision being handed off to
our Housing Department.
COMMISSIONER TAYLOR: Yep.
April 10, 2018
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COMMISSIONER McDANIEL: And the circumstance that
popped up in my mind was a cash-out refinance, if someone were to be
refinancing and actually receiving cash out of a refinance, it was my
understanding that these deferrals were offered to folks and then the
trigger was -- for payment of those deferred impact fees was a
refinance, sale of the property, or loss of homestead.
So -- but this is offering discretionary decision to staff to be
making decisions interimly about that trigger or not.
MR. GIBLIN: You're correct, Commissioner. And just, again, for
the record, in No. 3, the only change here is changing the name of the
department to keep up with the county's organizational chart. So we're
not changing that discretion or that staff authority.
One of the things that we do review when we have a request for
refinance is that if there is a cash-out scenario, they must repay. This
was written in here for kind of emergency situations. If an early
homeowner who had a house needed to take cash out of it and create a
life, safety, and welfare situation in their house or leaky roof or
something like that, we would allow them to do that.
Also, for a homeowner who wants to do a refinance simply to get
a lower rate, to get a lower mortgage payment, we would allow them to
do that assuming they are taking no cash out.
Yeah, I'm being told it's also consistent with other practices in
other programs.
COMMISSIONER TAYLOR: So let's -- let's do it in English.
Okay. So what are we saying in this?
MR. GIBLIN: If you receive an impact fee deferral on an
owner-occupied house and then three years later interest rates drop and
you'd like to refinance that house to give yourself a lower payment, if
you do not take cash out, the director may approve that subordination
to allow that refinance to go through.
MR. OCHS: Mr. Giblin, is that a change or an addition?
April 10, 2018
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MR. GIBLIN: That's not a change.
MR. OCHS: Is that the current ordinance?
MR. GIBLIN: That's the way it currently reads. We're only
changing the name of the department to update it.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER McDANIEL: And just as -- my point. And
this is a -- this is, some of us, the first time we've actually had a look at
the current ordinance that's been in existence for quite some time, and
so we get to talk about these things and things that cause issues or
potential issues.
And I certainly like the rationale of discretion to be afforded to
those that are truly in need. That's, you know -- it's hard to get a
hard-line trigger, if you will, without affording that, because there
could be -- you cited two very good examples. Someone that's looking
to take advantage of an interest rate environment shouldn't be
penalized nor folks of age that are looking to -- and require assistance,
I feel better. Not good, but better.
CHAIRMAN SOLIS: We have public speakers?
MR. MILLER: Yes, sir. We have nine registered speakers on
this item.
CHAIRMAN SOLIS: Okay.
MR. OCHS: Hold on. Do you want to go through the other
recommendations?
CHAIRMAN SOLIS: Oh, I'm sorry. That's right. I apologize. I
was trying to get it going. I apologize. Yeah, go ahead. And finish,
I'm --
MR. OCHS: I mean, we can stop if you'd like. Seriously, if you
just want to go to speakers. It's your -- it's the pleasure of the Board.
CHAIRMAN SOLIS: What's the pleasure of the Board? I mean
--
COMMISSIONER McDANIEL: I'm kind of thinking --
April 10, 2018
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COMMISSIONER TAYLOR: Let's hear from the speakers.
COMMISSIONER McDANIEL: Yeah. Let's go to the speakers.
I mean, we've all seen this presentation.
CHAIRMAN SOLIS: Yeah, we've all seen it.
COMMISSIONER McDANIEL: We've talked about it. When
we get to the actual -- once we hear from the speakers, we can make a
motion and roll.
CHAIRMAN SOLIS: Good. Let's hear from the speakers.
MR. MILLER: Your first speaker is Steven Bracci. He will be
followed Gary Luben. I will ask the speakers to use both podiums. I
know Mr. Luben will need the staff podium because he has a
PowerPoint.
CHAIRMAN SOLIS: It doesn't look like Mr. Bracci's here.
MR. MILLER: Okay. Mr. Luben. He will be your first speaker.
He has been ceded time from five additional speakers. If I can get --
MR. LUBEN: I won't need all the time.
MR. MILLER: If I could get you folks to raise your hand as I
call your name.
Vicki Luben.
(Raises hand.)
MR. MILLER: Lenore -- I'm sorry. I'm having trouble reading
your last name.
COMMISSIONER McDANIEL: Raise your hand, Lenore.
There you go.
(Raises hand.)
MR. MILLER: Thank you.
Susan Orshell?
(Raises hand.)
MR. MILLER: Pat Young?
(Raises hand.)
MR. MILLER: And Audrey Sanders?
April 10, 2018
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(Raises hand.)
MR. MILLER: That will give Mr. Luben a total of 18 minutes,
and he will be followed by Kathleen Curatolo.
MR. LUBEN: I promise I will not take 18 minutes.
I would like to thank the people who ceded me their time. And
for the benefit of the Board, this is the first time wife of 43 years has
allowed me to speak for her. This is truly a momentous day.
COMMISSIONER TAYLOR: She's shaking her head in
disagreement; I want you to know that.
MS. LUBEN: Yeah. I'm going to pay for that, I can tell.
Okay. Some opening comments. The degree to which Collier
County has a need for additional affordable housing and the role of
government to sponsor and/or fund such housing, I think, is open to
debate.
I'm not here to trash affordable housing, to be clear. Affordable
housing can represent to me sound public policy provided it is based
on legitimate need, conforms to federal and state regulations and
mandates, is geographically dispersed to promote inclusion and equal
access to quality neighborhoods, essential services, and
well-performing schools.
It is proposed in areas of the county only after a careful evaluation
of the infrastructural traffic and school effects are fully and
transparently evaluated and is aligned with the county's long-term
economic vitality. Bottom line, the path forward should align with
what's in the best interest of the county.
A little bit on the housing demand has been presented by the plan.
Florida Statutes define affordable housing needs for very low, low, and
moderate household incomes only, specifically the 130 to 120 percent
of median income. That's the statute, if you wanted to know about it.
And the county's legal basis for gap housing -- it's referenced there -- I
believe needs legal review, as it doesn't appear -- and I'm not a real
April 10, 2018
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estate lawyer. I'm not a lawyer. I'm married to one -- doesn't appear to
confer an unambiguous state obligation for the entire gap income level.
Collier County's cost-burdened assumptions include things that
aren't included in Florida law. Things like HOA fees are not required
by Florida Statute, thus the inclusion artificially increases the number
of cost-burdened households in the county and, therefore, I think the
affordable housing demand model proposed by the housing plan
overstates the alleged needs for affordable housing in this county.
I direct your attention to the left-hand pie chart. These are data
that I got from the county from 2017. These are the approved
affordable housing units across the county. And you see the pie chart
from District 1 all the way through District 5. I would have you draw
two key conclusions. First of all, there is very unequal dispersion. I
will note that District 2, Commissioner Solis' district, has only 10
percent. And when you carve out the rest of District 4 and you really
zero in on the City of Naples, it has 304, or 4 percent.
Now, interestingly enough, the East Naples area is actually a
combination of several of the commissioners. It's Districts 1, 3, and 4.
And then if you look at those data and you say, well, how many of
them exist in District 2, District 3, District 4, you can see the numbers,
1,246, 666, 896. So the East Naples catchment area represents 36
percent of the affordable -- approved affordable housing in this county,
or a little over 2,800 units. So it's clearly not equally dispersed across
the county.
Now, there's an argument -- and I apologize. The handouts you
have are correct, but for the people in the room, for some reason my
computer likes to transpose numbers. But I can read you numbers for
the benefit of those in the audience.
But these are data coming in from the county. And they went
back and analyzed -- I think this is 2017 -- the number of homes
valued at $250,000 or less. Well, first of all, there's a little over
April 10, 2018
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200,000 single-family dwellings and over 105,000 of them are valued
at $250,000 or less.
I draw your attention to the zip codes associated with the East
Naples catchment area, and the number on the far right side, that
represents 38 percent of the county; 38 percent of the homes in Collier
County exist in these ZIP code areas and, yet, it represents 54 percent
of the county's homes that are valued at $250,000 or less. And within
the zip codes I referenced, 72 percent of the homes in those zip codes
are valued at $250,000 or less.
By comparison -- I only picked a more affluent area, 102 and 103.
I think we know where that is. Those numbers translate to 17,922 -- 92
homes. That's 9 percent of the homes in Collier County. It represents
only 4 percent of the homes valued at $250,000 or less. And I would
love to know where those homes are in the City of Naples, because I
can't find them.
Before I leave the point, the point is is that there's lots of
inventory out in the marketplace for homes that one could conclude are
affordable. So these are data from NABOR, 2017 statistics. And it
may be a little hard to read, but I'll try to point it out to you.
There were almost 4,300 closings of single-family dwellings in
2017. And so that's a pretty healthy number. And NABOR
categorizes it in sort of areas. So there's Naples Beach which runs
along the beach, obviously; North Naples, which is up in
Commissioner Solis' district; Central Naples, South Naples, East
Naples, and then Immokalee and Ave Maria.
The point I would highlight is we're over 2,500 single-family
dwelling closings in 2017 alone, so that's almost 200 a month, with the
median prices ranging from 255,000 to 350,000, and that the
countywide median price, which is oft quoted as, oh, it's so expensive
to live in Collier County. That's true if you live in ZIP code 34102,
'103, and '108.
April 10, 2018
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The vast majority of people don't live there. In fact, only 17-,
20,000 people live there. So it's a very small percentage and, I would
submit, an uncharacteristic segment of the marketplace. It doesn't
reflect the broad market. In fact, four ZIP code, '102, '103, '108, and
'119 -- '119 is over by Quail West -- skew the median countywide
median data, and that the rest of the marketplace values are actually
quite similar and substantially less expensive.
So any of you who know anything about statistics, there's this
thing called measure of central tendency. A median is measure of
central tendency. It reflects the population. The problem is and the
assumption is that the distribution is relatively normal and consistent.
I would argue that somebody who's buying a home for a little
over a million dollar, $1.1 million, isn't looking for a home in East
Naples. And the inverse is equally true; people who are trying to buy a
home for 250,000 aren't driving down Gordon Drive because they
know full well they can't afford it. So it's unrealistic to try to compare
them.
In fact, what should be done is the county should be looking at
quartile or quintile analyses to look at how distinct subgroups and how
they cluster versus the rest of the marketplace.
So to rely on a median statistic that mashes all these thing
together is akin to putting one hand on the cooktop and the other in
your freezer and saying, on balance, I'm pretty temperate. That's
ridiculous. You cannot use those kinds of simplistic analyses to get to
your point.
Okay. Issues with the housing plan. There are no articulated
goals for geographic dispersion, metrics, tracking mechanisms
established in the plan. There are no means of holding the county
accountable for a shared and equitable responsibility of affordable
housing throughout the county, as I remind you, the ULI report
recommends.
April 10, 2018
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The inclusion of the gap segment, I would submit, represents a
misuse of county funds without unambiguous statutory obligation. I
would recommend allowing the private market to, in fact, address this
segment.
And, interestingly, I'd also remind the Board the housing plan
acknowledges there is no current deficit for homes in the gap segment.
Interestingly, the highest percentage of homes to be built as a result of
the initiatives associated with the plan fit in the gap segment. In fact,
379 of the -- '78 of the 1,265 homes projected through the initiatives of
the housing plan are coming into the gap segment where there is no
need.
The proposed administrative changes, especially including the
downzoning -- and I know that's not specifically being discussed today
-- of commercial properties without the requirement and review and
input of citizens prevents or severely restricts legitimate citizen
concerns from being heard.
The proposed nonresidential development linkage fees and the
adoption of in-lieu land donations risks ongoing clustering of
affordable housing in areas of high affordable housing concentration.
There's no plan requirement for in-lieu land donations, for example, to
come from within a district or neighborhood area such as District 2 or
the City of Naples with low affordable housing availability. No
requirement.
And absent such controls, legitimate and equitable subversion of
affordable housing across the entire county can easily be thwarted.
Somebody who wants to develop something in North Naples buys
some land in Central Naples or South Naples or East Naples and hands
it to the county. What we're doing is facilitating clustering.
The proposed administration of the land trust by a non-profit
entity -- it could be Collier -- Habitat or other such entities, confers
significant benefits to these entities via 99-year leasehold payments
April 10, 2018
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and disadvantages the homeowners with deed covenants limiting the
increase in the value of their property at resale. This limits, frankly,
the incentive of these homeowners to improve and/or maintain their
homes. How is that a good thing?
So I have two slides of conclusions and recommendations. First,
defer implementation of the housing plan until baseline assessments,
goals, metrics, and tracking mechanisms can be developed and
incorporated as part of the plan.
Recommend that the BCC set objective goals to equitably
disperse affordable housing across the entire county, again, as
recommended by ULI?
Require the stakeholder assessments. The federal government
does this. I don't know why the county can't do it -- of benefits and
harms. If you're going to submit something, then you need to look at
what's it going to cost the county, how's it going to benefit the county.
You should be making an objective decision about that.
Ensure legitimate citizen engagement and transparency of the
proposed land-use governance and regulation changes and, most
importantly, ensure any further actions taken occur during season
when full citizen participation can be assured. Don't slide something
into June or sometime later when not every one of the citizens is here.
Require the county to conform to Florida law by excluding the
gap segment, harmonizing definitions of housing burdened with
Florida law and, instead, let the private market deal with this.
Align the definition of eligible housing with Florida law by
eliminating the approved affordable housing requirement. It's not in
Florida law at all.
And revise the plan's demand model accordingly.
Last slide. Reject the proposed administrative changes that would
pervert legitimate citizens and neighborhood input on proposed
developments as would be allowed via the commercial property
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downzoning and by-right approvals that are embedded within the plan.
Promote equitable dispersion of affordable housing by requiring
in-lieu land grants to be provided from the district geographic areas
seeking to meet the linkage requirements in this manner. Don't let them
shift their burden onto another part of the county. That's not fair.
Reject the land trust as proposed. Eliminate this 99-year
leasehold option and require any non-profit who receives public funds
either from the county or the state or federal government to comply
with applicant qualifications in terms of residency, citizenship, and
income as ratified by you.
We elect you. We don't elect a non-profit entity. As such, you
control the housing policy for the Collier County, not a non-profit
organization. You should set standards.
Require the non-profit entity to include all income and assets --
not just wages -- all assets, in the applications for support, and
establish a one-time restriction on mortgage applications to thwart
applicants from seeking county assistance on multiple applications.
I didn't get -- if I defaulted on a loan, it's going to be a long time
till I was going to get another one. And I don't think it's the county's
obligation, just because of a certain income level, to afford a benefit to
them, to people at that level, that income level, that I don't get.
And, finally, require all grant funds received by the county to
apply 100 percent, 100 percent, to the benefit of the affordable housing
applicants. Prevent the Housing Department from using any portion of
grants to fund and/or expand their budget. The Housing Department
should be like every budget function in this government. They should
submit their budget. They shouldn't have a special fund that they can
use to, you know, increase the size of their department. Next we're
going to have bake sales by the Sheriff's Department. That shouldn't
be the way we run this airline.
So I strongly recommend you to consider this, and I thank you for
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your time.
MR. MILLER: Your next speaker is Kathleen Curatolo. She'll
be followed by Jean Kungle.
(Applause.)
MS. CURATOLO: Good morning, Chair Solis, Commissioners,
County Manager, and audience participants. I'm Kathy Curatolo, and I
represent the Collier Building Industry Association here in Collier
County.
I'd like to talk to you about each of the four recommendations
very quickly and give our opinion on those recommendations.
Recommendation No. 1, impact fee deferrals. CBIA supports the
proposed impact fee deferral program relative to rental units, which we
agree will help to encourage development of affordable housing for
young professionals, for families in need, and for seniors, by allowing
the BCC, on a case-by-case basis, to consider No. 1, impact fee
deferrals in excess of current annual allotment of 225; No. 2, include
moderate income in this ordinance; and No. 3, extending the
affordability term from 15 to 30 years.
Please understand, this ordinance alone is not enough for an
incentive to provide housing affordability here in Collier County given
the cost of land and high impact fees that we currently have.
Activity centers, land donations, fast tracking of permits defined
under housing affordability and density bonuses must also become
reality here in our community.
Recommendation No. 2, establish a Local Housing Trust Fund.
CBIA continues to question development of a Housing Trust Fund to
be managed by county government. We remain steadfastly opposed to
requiring builders to pay in lieu of fee if they do build the study's
proposed percentage of affordable housing with any -- within any
newly developed community here in Collier County.
CBIA is also vehemently opposed to linkage fees, which we
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consider double dipping, placed upon new commercial construction
here in Collier County. This county already fairs poorly against our
neighboring counties in terms of commercial building relating to
economic sustainability and viability. Let's not consider yet another
fee when it comes to economic viability.
Recommendation No. 3, establish a Community Land Trust.
CBIA is somewhat in support of potentially establishing a community
land trust. Need to learn lots more information about this.
Recommendation No. 4, initiate a linkage fee study. As stated
throughout this discussion over the past three years or so, CBIA is
opposed, absolutely opposed, to any linkage fees on commercial
properties.
Finally -- may I complete? CBIA supports --
CHAIRMAN SOLIS: I'm sorry.
MS. KUNGLE: She can have half of my minutes.
MS. CURATOLO: Thank you so much.
Finally, CBIA supports projects where land is not a cost factor.
Density bonuses can be provided. Impact fee deferrals are in place.
Fast tracking of permitting and inspections can be accomplished
without detriment to other residential building projects here in Collier
County.
We strongly suggest piloting activity centers which incorporate
housing options sooner rather than later here in Collier County. This
particular option has worked elsewhere in numerous communities
around this country, and we need to move to pilot.
We would also support piloting senior projects modeled after
successful options which have been developed in other areas of the
country.
Thank you for providing this time, and thank you for your service
to this community.
MR. MILLER: Your next speaker is Jean Kungle. She'll be
April 10, 2018
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followed by Lisa Lefkow.
MS. KUNGLE: Good morning, Commissioners. Jean Kungle,
resident of East Naples.
I just have a couple little things. The deferral thing, I thought that
there was a lot of deferral fees that were being forgiven, the debt. Well,
I'm going to look into that a little further. I talked to Mr. McDaniel,
and he believes that those are not forgiven debt, which I believe they
should never be forgiven.
On No. 2 -- No. 2, 3, and 4, actually, a lot of this land trust, home
trust, this has all been done before. It didn't work. We gave the money
back.
I think that we should look into why it didn't work before, before
we decide that we're going to do it again, because if the Affordable
Housing Department can't control it and work it, then why are we
going to do it? Who's going to control it? Where's that money going to
come from? Where's it going to go to? Because if they couldn't do it
before, we need to know why we're going to do it going forward.
On the marketing, the public relations and that, I would like to
know how many essential personnel have ever gotten any down
payment assistance or rental assistance. I don't believe that there's too
many of those. I don't talk to too many firemen or teachers or nurses
that have gotten any kind of assistance. They don't know about it or
when they go there is no money for them.
A lot of the money is stack piled and given to Habitat at the end
of the year when we have to get rid of it so we can get more, and those
are just some of the things that I think that we should consider. And
that I believe along with the 1 percent sales tax vote being deferred, I
would defer this to the next meeting also.
I don't believe we have enough information. As a matter of fact,
we have a town hall meeting with Penny next week in East Naples, so
we'll have a lot of people out there that are going to have their own
April 10, 2018
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thoughts on this, and I believe that they will come back to you.
Thank you.
MR. MILLER: Your final speaker on this item is Lisa Lefkow.
(Applause.)
MS. LEFKOW: Good morning, Commissioners. For the record,
Lisa Lefkow, Habitat for Humanity, but I'm not here in my capacity as
CEO of Habitat for Humanity but simply as a member of the
community, as a taxpayer, to say thank you for understanding, for
learning, for hearing all that the county Housing Department is
bringing to us as we have gathered information out of the ULI study,
as we have discerned and learned what other communities that are
similar to ours, uniquely, are doing to help address the issue of
providing access to housing across a wide affordability spectrum.
In my role at Habitat for Humanity, we serve a very limited
population. But what the Housing Department is bringing to you is a
menu of items that can be used in different situations to provide open
access to housing that is affordable for all in this community.
Certainly, I don't disagree with what much of Mr. Luben
presented to you. We are in complete support of making access to
housing affordability available across the county so that it doesn't get
clustered, so that it is available near workplaces and traffic centers.
Those are all healthy things for us to be doing, and so we are fully in
support of that.
But I just want to, once again, say thank you for taking the time to
review all of these options. These are all tools in our affordability
toolbox, and I hope that we will remain openminded to each of these as
they are presented.
I also hope that won't cast dispersion on Habitat for Humanity, as
has happened already today a couple of times. We are your primary
provider of housing affordability for low-wage earners, and this county
depends on those low-wage and service-industry workers to be the
April 10, 2018
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community that we are. So I hope that we can see that as an element
of strength and represent these folks as a part of the very fabric of our
community, as we depend upon their services.
So thank you once again. I appreciate your time.
MR. MILLER: Mr. Chairman, that was your last speaker on this
item.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yeah. My message is, it's good, it's
exciting. Okay.
My message is -- I think it's a great message -- and that is that the
development community has taken hold of this issue. They've taken a
look. It's the development community actually coming in and solving
our problems.
And I tell you -- I have to put my glasses on, of course. Oh, let
me hand a couple of things out if you'd like. The development
community has actually come in. They heard the need. They've heard
people saying that there aren't housing for different categories and so
forth, and so they're building them.
Right now there -- in all sides of the funding areas they're
building 4,019 rental units. This is not condos. It's not houses.
Nothing. It's just rental units.
And let me just tell you there's one right there on Thomasson
Road, and it's called The Springs, and that's going to be 340 units.
They've been approved. They're moving forward with their project.
Ave Maria has some. Inspira at Lely Resort has 304. The's the
ones you see already standing there, the four-story buildings. They're
moving forward. Milano Lakes opened yesterday for the rentals, a
wonderful place, and it's got 296 places in there. And they've got -- it's
a gated community and swimming pools, and yet it's reasonably
priced. It's a wonderful thing.
Briarwood is another one, 320 units. Legacy Naples, this is by
April 10, 2018
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the New Hope Ministries, 304 units. Addison Place, 240 units. Pine
Ridge Commons -- they're even going into North Naples -- 375.
Addison Place, I believe is also in -- I have the map for it someplace, is
also in North Naples, and so they've got some workforce housing
going in both of those areas.
Courthouse Shadows, which is already working with, actually,
Commissioner Taylor to build some housing on top of commercial,
and they're going to be building 300. And then on Livingston Road
and Golden Gate Parkway, they've got another 382.
And then the Crest, which wasn't even on that total, that's the ones
that are right on U.S. 41 that -- they have the land cleared lot, for those
of you who drive down U.S. 41, you see all that land that's all of a
sudden cleared, that's another 300 -- I'm sorry, 200 rental units and,
again, a lovely place.
And I don't think -- oh, and Journey's End (sic), which is another
place on Manatee Road. I can't even imagine. They've already got
that approved, Journey's Edge, and it's right on Manatee Road, 483.
So all totaled we have 4,200 units that are being built right now.
They say -- our Housing Department has said that we need 1,600 a
year, and that's all totaled with for sale as well as rental. Well, we've
got 4,000 right here. That will take care of the rentals for the next
three years. And I think that we ought to take a look at that.
I've got other statistic about condos and townhouses that they're
renting and how much they are and so forth. And I'm going to pass
these out to everybody here.
I just wanted you to know that they're taking this market. They're
not charging anything. Taxpayers don't have to pay a thing for it. The
development community has taken charge and said, we see a need.
We're going to fill it. And so I just want to take my hat off to you.
Thank you for all that you are doing for our community to fill in these
vacancies, which we needed.
April 10, 2018
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Thank you very much.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And I'll go in reverse
order. I want to commend Commissioner Fiala for talking about the
marketplace.
One of the issues that I brought up last year when the ULI
completed their study and came to us with their recommendations was
the marketplace. And there seems to be a disconnect with the actual
marketplace of available units, pricing, structures and the like, and
what we utilize in our data and analysis for ascertaining the needs
metrics. We continually refer to assessed valuations as availability of
marketplace and not necessarily that which is for sale or that which is
for rent in determining utilization for our needs metrics.
And I brought it up last year, I think, when this was discussed.
There was approximately 450 homes at or below $250,000 that were
for sale. And I have now been told that this year, similar time frame,
so we're looking at in excess of 750 homes within our community that
are at or below $250,000 dispersed throughout -- and that was just for
sale. I didn't go into the rentals and the like.
So I have regularly expressed a concern about the marketplace
and the availability of units that are for sale support the needs of our
community.
I wanted to say -- and my question -- this is of our County
Manager -- is, is there an opportunity within the board's schedule from
a workshop standpoint for us to host or have another workshop with
regard to this -- I mean, Commissioner Taylor has a town hall. We all
know about it. It's April 17th. There's a little plug for you,
Commissioner Taylor, not that you need one -- but for us to host a
workshop on the Board and get more community involvement and
have some discussion with some of these issues?
MR. OCHS: Certainly. You've got workshops scheduled
April 10, 2018
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through June right now, so it would most likely be in the fall, if that's
the Board's desire.
COMMISSIONER McDANIEL: Is there a necessity from a time
standpoint that we actually adopt or move forward? Because,
personally -- and I can say this to my colleagues: The only -- of the
suggestions that have been made by staff with regard to this, I can only
really get happy with No. 1 on the executive summary and No. A,
which is the ordinance with regard to the extension of time on the
impact fee deferrals.
After that, I've got a lot of concerns about funding mechanisms
and how it's actually going to be managed and the demand model.
You know, I've regularly talked about the demand model as these
things have been -- the metrics that we're using for the demand model.
And in passing this along, am I accepting the prior proposed demand
metrics?
MR. OCHS: The Board accepts those in the first phase --
COMMISSIONER McDANIEL: By majority the Board does. I
didn't.
MR. OCHS: Well, yeah. When I speak about approval, it means
a majority of the Board.
COMMISSIONER McDANIEL: Okay. So -- and that was one
of my questions. I actually have it in my notes here, is by approving
this plan, am I accepting that demand model, metrics?
MR. OCHS: The Board, by majority vote, accepted the demand
model at the last board meeting.
COMMISSIONER McDANIEL: Thank you, sir.
I have no further questions or comments, Mr. Chair.
COMMISSIONER TAYLOR: Mr. Chair, I'm wondering as we
are passing a time-certain --
CHAIRMAN SOLIS: Right.
COMMISSIONER TAYLOR: I'll bow to you, sir.
April 10, 2018
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CHAIRMAN SOLIS: Well, the question was asked, we had a
time-certain at 11:15, and I know that there are people waiting
regarding that.
MR. OCHS: Commissioner, you can continue this or workshop it
again.
COMMISSIONER McDANIEL: I'll make a motion --
MR. OCHS: Whatever you want to do. I'm going to keep putting
the recommendations in front of you until --
CHAIRMAN SOLIS: We had a motion --
COMMISSIONER FIALA: I'll second it.
MR. OCHS: -- you tell me what you want to do with it.
COMMISSIONER McDANIEL: I'm going to make a motion
that we continue this to our next board meeting and then
predominantly have a discussion about maybe establishing a time
frame that's applicable for a workshop for us.
MR. OCHS: Just to let you know, you've got --
COMMISSIONER FIALA: And I second it.
MR. OCHS: -- a few -- and that's fine. You've got quite a few
advertised public hearing land-use items coming your way in April and
May, too, so it -- just get ready for the longer meetings.
COMMISSIONER McDANIEL: I think those are things that will
also assist us with the actual marketplace determination of availability
of units, as Commissioner Fiala has brought forward and I have
mentioned as well, so...
COMMISSIONER FIALA: I'll get some more information on
single-family homes, too. I have some. Habitat's already done their
part. They've got four new villages coming out of the ground, plus
they're adding another 119 units to an existing village. So they've done
their end of it as far as the lower income. But I don't have anything on
the prices above that. So I'll try and get that ready for you for the next
meeting also.
April 10, 2018
Page 77
CHAIRMAN SOLIS: So there's a motion and a second to
continue this to a future meeting. Discussion?
COMMISSIONER TAYLOR: No, no. I think that's -- I think it
should be our next meeting. I think a lot of things were brought
forward that need to be --
COMMISSIONER McDANIEL: I specified for our next
meeting.
CHAIRMAN SOLIS: For next meeting.
COMMISSIONER SAUNDERS: To the next meeting, okay. I
don't have a problem continuing this to the next meeting. Generally, if
the commissioner wants a continuance, I think that, you know, we
should grant that for further information. So I'll support the motion as
long as the continuance is to the next meeting, not indefinitely.
COMMISSIONER McDANIEL: I specified that.
CHAIRMAN SOLIS: That was the motion.
COMMISSIONER McDANIEL: And I did say in the motion --
and, again, just to be clear -- is that we, you know, for, as much as
anything, have a discussion about the availability and the timeliness for
a workshop for us to further vet these issues, so --
COMMISSIONER TAYLOR: Well, I think -- that's absolutely
very, very important, and I think it's very important for the public to
understand that no one is making this happen over the summer.
COMMISSIONER McDANIEL: Right.
COMMISSIONER TAYLOR: In fact, this was not even
supposed to come back as an entity itself until the fall.
COMMISSIONER FIALA: Good point.
CHAIRMAN SOLIS: So there's a motion to continue and a
second. Any other discussion?
(No response.)
CHAIRMAN SOLIS: All in favor?
COMMISSIONER McDANIEL: Aye.
April 10, 2018
Page 78
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
MR. OCHS: Next meeting.
CHAIRMAN SOLIS: For the next meeting.
COMMISSIONER TAYLOR: Next meeting.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
MR. OCHS: Commissioner Saunders, did you have an item you
wanted to deal with, or do you want to take --
COMMISSIONER SAUNDERS: I just wanted to make sure we
deal with the lobbying issue before we break for lunch.
MR. OCHS: Okay.
COMMISSIONER SAUNDERS: I think the EII thing is
probably going to be fairly quick.
MR. OCHS: Well, Mr. Chairman, that is the next time-certain
item.
COMMISSIONER SAUNDERS: That's keeping all my fingers
crossed when I say that.
MR. OCHS: Would you like to go to your time-certain item, sir?
CHAIRMAN SOLIS: Yes, sir.
COMMISSIONER McDANIEL: Yes.
Item #13A
CLERK OF THE CIRCUIT COURT’S FINAL INTERNAL AUDIT
REPORT 2018-2: ECONOMIC INCUBATORS, INC. BUSINESS
AND ECONOMIC DEVELOPMENT DIVISION, ISSUED ON,
APRIL 4, 2018. THE CLERK OF COURT AND COMPTROLLER
April 10, 2018
Page 79
MAY MAKE A PUBLIC PRESENTATION TO THE BOARD OF
COUNTY COMMISSIONERS - MOTION TO ACCEPT AUDIT
REPORT, RESPONSES AND EII TO PROVIDE ADDITIONAL
DOCUMENTATION – APPROVED
MR. OCHS: That is Item 13A. This is a report of a final internal
audit regarding Economic Incubators, Incorporated, and the Business
And Economic Development Division issued by the Clerk of the
Courts.
COMMISSIONER SAUNDERS: And, Mr. Chairman, if I might
make a quick statement and perhaps ask the county manager a
question, I think that that might resolve some of the issues here in
terms of the details in the audit and the response to the audit.
So my question first is, Mr. Ochs, I'm assuming that the members
of the County Commission have had access to the audit and to all the
responses and that there's been conversations concerning those audit
findings with the commissioners.
MR. OCHS: That's correct, sir.
COMMISSIONER SAUNDERS: Okay. I think what I'd like to
say is that I've spent quite a bit of time with the EII board members,
and I've spent quite a bit of time with the Clerk of Courts, Dwight
Brock. I think that we've come to some understandings going forward.
And so I don't think it's necessary to go through the audit details
either from the Clerk's perspective or from the EII perspective but,
simply, I would make the statement that I think we have a process that
the EII board has agreed to and the Clerk has agreed to going forward
for the future of the EII process.
And, Mr. Brock, I think that that accurately states --
MR. BROCK: That accurately reflects my position. I mean, I've
spoken to every one of you at one point in time or another about this.
Are you suggesting I haven't spoken to you?
April 10, 2018
Page 80
CHAIRMAN SOLIS: Well, we hadn't spoken recently.
MR. BROCK: Right.
CHAIRMAN SOLIS: But that's okay.
MR. BROCK: We have spoken, right?
CHAIRMAN SOLIS: Yep.
MR. BROCK: Okay.
CHAIRMAN SOLIS: A while ago.
MR. BROCK: And I have spoken to EII board members on
multiple occasions. I have spoken to the other members of the board
on our weekly meetings probably every week. If I haven't spoken to
you, my finance director has. So I think we have ground this large
boulder into fine grains of sand at this point in time.
I don't have any desire to cast any greater aspersions against
anyone, and I'm willing to do whatever you ask me to do.
COMMISSIONER SAUNDERS: Then, Mr. Chairman, with
that, I'll make a motion that we accept the audits, we accept the
responses, and we look forward to getting some additional information
from EII over the next couple of days. And I'll make that motion to
move on to the next item.
COMMISSIONER McDANIEL: I'll second that motion.
MR. MILLER: Mr. Chairman, I do have 16 registered speakers
for this item.
MR. OCHS: You've got a motion and a second. Pleasure of the
Board.
CHAIRMAN SOLIS: There's public speakers.
COMMISSIONER SAUNDERS: Okay. Well, there's a motion
and second. Let's hear from the speakers unless --
CHAIRMAN SOLIS: I would urge the speakers that there seems
to be a resolution to the issue and that I'm not sure at this point it would
be a productive discussion to have. Having said that --
COMMISSIONER TAYLOR: May I make a suggestion that we
April 10, 2018
Page 81
do have speakers and they've registered and that if they agree with the
speaker that has spoken in advance --
CHAIRMAN SOLIS: Sure.
COMMISSIONER TAYLOR: -- if just say "I agree," there
would be statements made maybe pro and con and that they just
register their name rather than repeat what the previous speaker has
said.
MR. OCHS: Mr. Chairman, again, in the past when we've had a
large number and had this kind of situation where there appeared to be
a resolution, one approach is to read the names of the speakers. They
can simply raise their hand and say they waive if they don't want to
speak. If they do want to speak, then they come up and speak.
COMMISSIONER McDANIEL: Come on up.
CHAIRMAN SOLIS: Why don't we do that.
MR. MILLER: We will proceed in that fashion then, Mr.
Chairman.
As I call your name, if you wish to just show your support and
just waive time, please do that. Your first speaker is Paul Thein. Paul
will be followed by Wayne Moore.
MR. OCHS: So you don't have to speak if you want to waive
agreement. If you want to speak, then you can.
MR. THEIN: Thank you. I guess I've never turned down the
opportunity to speak. My name is Paul Thein. I'm with Core Health
Partners, a company out of Des Moines, Iowa, that looked at the most
beautiful place in America to develop their business, and I've had the
great fortune to work with the leadership of the Naples Accelerator,
and just feel the energy.
And I thank you for your support of the accelerator because I
know what's going to blossom from my company and the other
companies that I see in the accelerator, and it's going to mean jobs, and
it's going to mean growth in the right way for healthy projects like
April 10, 2018
Page 82
Core Health Partners. It will make this even a more beautiful place.
So I just want to say thank you for all your support of the
accelerator and the leaders of the accelerator.
MR. MILLER: Your next speaker is Wayne Moore. Mr. Moore,
you can speak or just wave your hand in support.
MR. MOORE: I'll speak.
MR. MILLER: Mr. Moore will speak. Mr. Moore will be
followed by Holly Parkes. If I've called your name and you do intend
to speak, if you could please come up to the podium and be ready.
Thank you.
MR. MOORE: I'm Wayne Moore and I want to thank you, first
of all, for the accelerator program.
During the hurricane my business was destroyed. I have a media
company, a national media company, and we produce national work
out of here, television shows. And meeting Marshal Goodman, took
me under his wing and said, look, let's make this thing continue. I
believe in what you're doing. And he gave me the nicest compliment.
He said, you are Los Angeles and New York come to Naples.
We produce national work, and we need to continue to produce
national work. The incubator is very important to us. Since we've
been here, in one month Cathy from SBDC has helped us develop two
free-of-charge business plans that we've already got funded.
So we're bringing movies to Naples. Not just talking about it.
We're bringing motion picture work, national television shows because
of the incubator and only because of the incubator.
Thank you.
MR. MILLER: Your next speaker is Holly Parkes.
(No response.)
MR. MILLER: I do not see a hand. Steve Walling? Mr. Walling
will be followed by Catherine Haworth.
MR. WALLING: Hi, I'm Steve Walling, and I run an
April 10, 2018
Page 83
organization called Fusion Point, which is based on a model from
Cleveland, Ohio, called Jump Start, which is a venture development
organization that has -- is one of the most successful organizations in
the country.
We took their mentoring model here in Southwest Florida, and
we've implemented. We are executing now in our second year, and
we're finding that it's a very valuable experience to be in the Naples
Accelerator.
Those of us who are in the entrepreneurial space are wanting to
create an entrepreneurial ecosystem in Naples, and there are a great
many people who want to participate in that, specifically
entrepreneurs.
Currently we have 15 entrepreneurs that we've on-boarded, and
we have 40 mentors who are supporting those entrepreneurs in various
ways. It's the only mentoring system, again, based on the Jump Start
model, that exists in Florida.
And I'm very excited to be a part of the accelerator, as all of us
are. And when you think about the accelerator, it's a beautiful space,
number one; number two, it's a space where you can have private
discussions. It's a space where you can have group discussions, where
we can have our mentor entrepreneur team meetings, and it's a group
where you can have larger meetings and conferences that focus on
leading, educating, and training the entrepreneurs who are essentially
making up quite a significant number of potential business leaders in
the community.
So my final thought is, this is a very good thing. This is a great --
the accelerator is a great thing for the ecosystem. It's a great thing for
diversifying the mix of businesses in Southwest Florida.
Thank you.
MR. MILLER: Your next speaker is Catherine Haworth, and she
will be followed by Bennett (sic) Myrin.
April 10, 2018
Page 84
MS. HAWORTH: Hi. Good morning, Commissioners. I'm
Cathy Haworth. I'm with the Florida Small Business Development
Center at Florida Gulf Coast University.
My message today is what a great facility that this is, but the
mentoring, the partnering that we do with other organizations are only
supporting the small business network here in Collier County.
As you may recall, we did the bridge loans for the state out of the
accelerator, and I did 148 loans, and every one who walked into the
center said, "Oh, my gosh. I didn't know this was here," and "What a
great facility."
Now, do we need to improve our marketing and visibility and
awareness? You bet we do. And we can do that. I speak from
experience.
I retired after 15 years, the executive director of our economic
development center in Lake County, Ohio. We can't send a message to
our small businesses. We cannot tell them, oh, we tried it, we don't
want to do it anymore.
We need to provide the support to our small businesses. I used to
be criticized sometimes, why are you giving tax abatements to the big
companies and not worrying about the small business person? You
know, why are you doing everything to get businesses to come in from
outside the county, you know? Why aren't you working with us? And
I think we need to continue to do that.
Thank you.
MR. MILLER: Your next speaker is Bennett (sic) Myrin, and he
will be followed by Steve Wheeler.
MR. MYRIN: Good morning. My name is Bengt Myrin, and I'm
a full-time resident since the early century here.
And I have seen a lot of development going on. I went through
the Greater Naples Leadership Class 8, and now they are Class 20,
whatever. So I've been following development, and I think the most
April 10, 2018
Page 85
exciting event for me, at least, was the formation of the Naples
Accelerator. And I've been part of it since the beginning. Not
necessarily having a seat, which I have now, but I have been mentoring
people who are working.
And as a former entrepreneur and also corporate executive, I have
learned you don't build a new business in a day. You don't hire people
in a day because you can't afford it, especially not if you're a single
entrepreneur. And here I think the environment created by Marshal
Goodman and his team is absolutely fabulous.
And as you can hear, I'm fluent in my accent, which happens to
be Swedish, and a lot of interest has developed overseas to be able to
come here to this beautiful, beautiful place. And I thank you and every
commissioners that's ever been in Collier for having this wonderful
place running as it is. I really appreciate that. But there's an interest for
people to come here and have a soft landing. They don't have the risk.
There's been study after study by McKinsey and others, why do
companies fail? Why do people fail when they come to the United
States? Why do they lose so much money? Well, the reason is
because you are not being mentored; you are not being helped. And
here you are being helped.
And the network developed by the Board, by Marshal and the
team is absolutely fabulous. Any sort of question you have will be
solved. And you have people like Cathy and others helping out here.
So I cannot only say, please, do not let this go. This is a
tremendous opportunity for this community. And if we look forward,
as you do with all the other things you do, this is an absolute
opportunity to build businesses and happy, solid businesses in Collier
County.
Thank you.
MR. MILLER: Your next speaker is Steve Wheeler.
(No response.)
April 10, 2018
Page 86
MR. MILLER: Carmine Biello. And Mr. Biello will be followed
by Ann Obrich.
MR. BIELLO: Hello, Commissioners. Thank you for your time.
My name is Carmine Biello, and I'm a Collier County resident,
taxpayer. And, more importantly, I'm a member of the accelerator, and
I've been so for the last year and a half. I successfully run two separate
companies out of the accelerator. One of which is my realty company;
the second is with a financial service company.
The accelerator allowed me an opportunity to get off of my
kitchen table and into an environment where I can collaborate with
other business-minded individuals.
I've successfully, last year, on-boarded almost 42 new employees
as a result of the accelerator, as a result of our ability to have seminars.
We work in conjunction by offering free services to the county
residents for financial services. We have programs such as Women in
Wealth where we allow people to come in, get a free financial
education, and an opportunity to learn about finances, about different
things in women issues and businesses.
I am so grateful to Marshal and the leadership in Naples
Accelerator. It has made me -- it's given me the ability to do what I
need to do as a leader in the community and to grow. And I just
wanted to thank them and to thank you for your support. Thank you.
MR. MILLER: Your next speaker is Ann Olbrich.
MS. OBRICH: I waive.
MR. MILLER: And she waives. Maria Pizzino. She will be
followed by, please forgive me, Craciun Bahilia -- Baheivia.
Go ahead, ma'am.
MS. PIZZINO: Hi there. My name is Maria Pizzino, and I'm
speaking on behalf of both myself and my business partner, Phil
Hazlet, who's here as well.
We had -- first of all, we'd like to thank you for all the support.
April 10, 2018
Page 87
All the great things everyone has said are absolutely true.
Actually, the thing that I can add is that the Naples Accelerator
was the deciding factor in us coming down here. We're starting two
businesses under the leadership of Marshal and his team. We have felt
very comfortable deciding to come to Naples. We looked at a number
of different areas. I mean, aside from the fact this is paradise.
We were very happy to know that we have the support that we
need to start our two new businesses and thank everybody here for that
and for the warm welcome.
I can tell you that in other areas where I have worked in the past,
the sensation that I got from the business community was not what I
received here from Marshal and the team, which was, please come
here. Let us see what we can do to help you succeed.
Thank you very much.
MR. MILLER: Your next speaker -- I'm not going to do it any
better this time.
MR. BAHIEVA: I pass; waive.
MR. MILLER: You just waive. Thank you for saving me.
Melissa Bazley. She will be followed by Juan Gallegos.
CHAIRMAN SOLIS: There's another podium as well.
MR. MILLER: If you intend to speak, Mr. Gallegos, if could
come to the next podium. Thank you.
MS. BAZLEY: Hi, good morning. I'll be very brief.
My name is Melissa Bazley, and I will become a member of the
accelerator beginning May 1st. I am starting -- I have a startup. It's a
company called Crazy Crops. And basically what I'm doing, it's an
online -- the technology is all online. And what I'll be doing, I'll be
assisting a lot of the local farmers actually take back a lot of what the
current grocers do not accept, what is considered the USDA Grade 1
produce and what you see on shelves when you go out and shop at a
typical grocery store.
April 10, 2018
Page 88
So what the accelerator has done for me is actually allowed me
the opportunity to actually commence this business. So I'm not
necessarily just assisting the local farmers, assisting the locals by
employing people in Immokalee; they've also assisted me with the
continuation of the plan.
They've gone as far as actually speaking to the Florida
Department of Agriculture to assist me in making sure that I'm fully in
compliance and I follow the regulations. They have been incredible.
And to also add onto that, what they're helping me out with is also
acquire commercial space in comparison to what you would acquire
anywhere else. The premise of what they have at the culinary
accelerator is amazing.
So that's it. Thank you.
MR. MILLER: Your next speaker is Juan Gallegos. He'll be
followed by Ahmed El. If you intend -- are you intending to speak,
sir?
MR. EL: Waive.
MR. MILLER: You're going to waive. After that, Ruth Fehiz.
MS. FEHIZ: I waive.
MR. MILLER: Okay. Thank you. Shelley Rhoads Perry.
If you'll just wait at this podium.
Mr. Gallegos, please.
MR. GALLEGOS: Hi. I'm Juan Gallegos.
I'm actually an Immokalee local. I was just hired on to the
culinary accelerator as their maintenance specialist. It's pretty neat
because it's given me an opportunity to, you know, as a local get a job
and make an impact in the community, positively at that. And not only
is it going to positively impact Immokalee, I feel it's genuinely going
to positively impact Collier County as a whole.
It's just neat to see, you know, these small businesses walk in.
We have foot traffic in there every single day, different faces, different
April 10, 2018
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people, and it's just neat to see that, you know, these local business,
you know, especially with Immokalee being mainly primarily
agricultural, you know, they see these crops. They see these
vegetables. They bring them in. They're like, what can I do next?
And I think that it's pretty neat to see that we can provide that next
step, the tools, the assets, and everything that they need to, you know,
move forward with their business and grow it as well. And it's neat to
be part of that and be part of the foundation at the beginning.
And that's all I have to say. Thank you.
MR. MILLER: Your final speaker on this item is Shelly Rhoads
Perry.
MS. PERRY: Good morning. This is my first time here. Shame
on me. I should have been here before you before.
My name is Shelley Rhoads Perry. My company is a member of
the accelerator. I am a strong supporter of the accelerator. I'm also a
Collier County taxpayer.
I'd like to comment on the mission and the criteria for
measurement. My company is in the Senior Services space. So our
goal is twofold: To create higher than minimum wage jobs for
younger seniors so that when they become senior seniors, older
seniors, that they are not dependent on our very scarce senior
resources; and the second goal is to create jobs in an area that has a
positive social impact in our community.
So we are currently working on what we call financial caregivers
for senior citizens, but we're developing plans for a non-profit
administrative, collaborative, and affordable workhouse and senior
rental housing.
All of these plans have evolved as a result of being at the
accelerator in that environment there. My concern is that there is a
criterion in place to measure the accelerator success is only looking at
job creation numbers and not the longer-term benefits to the
April 10, 2018
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community of a social-purpose company like mine, and that maybe
because social entrepreneurship is not part of the accelerator mandate,
but the Immokalee project leads me to believe otherwise.
So I would ask you to continue to support this wonderful
accelerator but also look at developing measurement criteria that
would enable it to be more responsive to community needs.
Thank you.
MR. MILLER: And that was your final speaker on this item.
MR. BROCK: Commissioner, I would like to comment only on
that particular individual's comments, and that is that those standards
that she is referring to were set by contract or agreement between you
and the Department of Energy -- Department of -- DOE, not by anyone
else, but by you-all and the state.
So, you know, you'll have to change the contract to change the
evaluation process.
And you've already changed it once, so it potentially can be done,
and that may be a very good idea, but that's not what exists today.
CHAIRMAN SOLIS: Understood.
COMMISSIONER SAUNDERS: Mr. Chairman, I think there's a
motion to accept the audit reports and a second.
CHAIRMAN SOLIS: Was there a second?
MR. OCHS: Yes.
CHAIRMAN SOLIS: There's a motion and a second. Any
discussion?
(No response.)
CHAIRMAN SOLIS: All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
April 10, 2018
Page 91
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
MR. BROCK: Thank you.
MR. OCHS: Mr. Chairman, we would move to Item 11B.
CHAIRMAN SOLIS: There was a question, though, regarding --
I'm sorry, on this last matter. No?
MR. OCHS: We're good.
CHAIRMAN SOLIS: We're clear?
MR. OCHS: Yes.
CHAIRMAN SOLIS: Okay.
Item #11B
AFTER-ACTION REPORT FOR THE 2018 FLORIDA
LEGISLATIVE SESSION AND PROVIDE GUIDANCE AS
PRELIMINARY PLANNING BEGINS FOR THE NEXT
LEGISLATIVE SESSION – APPROVED
MR. OCHS: Commissioners, Item 11B is a recommendation to
accept the after-action report for the 2018 Florida legislative session.
Mr. John Mullins, your government affairs manager, and our chief
lobbyist, Lisa Hurley, are here to present or answer questions from the
Board, once we get the podium clear here.
MR. MULLINS: I apologize. Somebody has reappropriated our
presentation.
COMMISSIONER TAYLOR: What is it? Preempted. You've
been preempted. Is that the word up in Tallahassee these days,
preemption?
MR. OCHS: Yes.
MR. MOLENAAR: I put it in recycle.
April 10, 2018
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COMMISSIONER TAYLOR: You put it in recycle?
MR. MOLENAAR: I hit the wrong one. I apologize. Sorry. My
bad.
MR. MULLINS: I've been in worse places, but...
Actually, John Mullins, Government Affairs Manager, joined
today by our effective and efficient lobbyist, Lisa Hurley, from
Tallahassee, who I will dare to say is probably the -- you've heard of
the hardest working man or woman in show business. This -- and I
may pay for this comment later -- is the hardest working lobbyist in
Tallahassee. And I say that because she has the highest maintenance
client contact in me to the point that she may be wishing to renegotiate
her contract.
So now that being said, we do have a presentation. We know
we're right up against lunch hour. You have the presentation before
you in PDF. If it would be more beneficial just to go to questions, I am
happy to do so. If you would like us to walk through the priorities that
you adopted in October and how they kind of faired during the section,
we're able to do that as well. It's your discretion.
COMMISSIONER TAYLOR: Mr. Chair, I think we hit the high
points and talk about our priorities and get the scorecard out.
MR. OCHS: Anything from Lisa since she came?
MR. MULLINS: We're going to go play by play.
CHAIRMAN SOLIS: Summarize the summary.
MR. MULLINS: We will summarize the summary.
First, I will rush through statistics. There were over 3,000 bills
filed; 462 passed their first chamber. Only 200 made it the Governor.
To make a long story short, there were over 500 bills on the
county track system that we were following.
Now we'll get to the priorities list, and Lisa will jump in at the
end of each slide to give you kind of the color commentary and inside
baseball as it happened.
April 10, 2018
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Our number-one priority, which was Mile Marker 63's public
safety center, House Bill 141 passed and was just signed by the
Governor on Friday. Now, that is a one-year extension of toll financing
reimbursement for that facility, and we're going to have to get to work
right away on a permanent solution. And Senator Passidomo has
already reached out to us, and we hope to have some conversations in
the near future on how to proceed.
Workers' Compensation reform was pulled by the business
community that didn't think it was quite ready for prime time. There
were still questions about attorney's fees. There were some rate
reductions that were issued in October by the insurance commissioner,
and that kind of took the wind out of the sails.
Our emergency shelter registration list public records exemption,
unfortunately, died along with a lot of other recommendations that
came out of the House Select Committee on hurricane response and
preparedness. It's always a mouthful. But that died along with several
other initiatives that came out of that committee. It did pass the House
easily. It just didn't make it much further.
And then texting while driving as a primary offense also died
because of racial profiling concerns. Even though some of those
things had been addressed in the bill.
And, Lisa, please.
MS. HURLEY: Thank you. And good morning, Commissioners.
Lisa Hurley with the firm of Smith, Brian, and Myers, and it's an honor
to be with you here today.
I won't add much. With regard to House Bill 141, all I can add is
it was a wonderful team effort by this commission and staff. There
were several, several obstacles in our way. It took commissioners
reaching out to the Governor. Thank you, Commissioners, coming up
to Tallahassee.
Your -- Kingman Schuldt, your Chief of the Greater Naples Fire
April 10, 2018
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Department, your Director of EMS, Tabitha Butcher, they put so many
miles on their car traveling up to Tallahassee, and it mattered. So --
and, of course, John Mullins, who has supplied us with great talking
points and great statics on that wonderful emergency management
facility that, indeed, serves a very significant state purpose.
With regard to the emergency shelter registration, I'll just say, you
know, I think going into this session no one had great expectations
going in given the negative fiscal impact that Irma had on the state GR
but then, unfortunately, they were all faced with the Marjory Stoneman
Douglas shooting which really shifted everyone's priorities, and
probably deservedly so. So it was a tough session in many regards.
You know, the fewest bills in the last two decades passed the
session, and from a local government perspective, that's a pretty good
-- usually a good thing for us. And, you know, case in point, that last
one, though, I mean, it sailed through the House, but there was some
significant pushback in the Senate from leadership, and I only share
that with you that that leadership -- same leadership's going to be next
year. So we may run into the same problems with texting as a primary
offense.
MR. MULLINS: Okay. Moving on to the funding streams. And
we're doing this in order of the priorities list that you adopted in
October.
The Housing Trust Funds were raided by 185 million, leaving just
over 100 million for affordable housing. And Senator Passidomo's bill
that would have prohibited further raids on those accounts was never
heard in the Senate.
There was over 100 million provided for Florida Forever Land
Conservation, and you can see the breakdown there. It was the most
money appropriated for this purpose in a decade.
Fifty million for beach restoration with an additional 11 million
for dune and beach damage caused by Hurricane Irma. And once we
April 10, 2018
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figure out what that process is to procure that money, you'll be the first
to know.
And then there was 76 million for Visit Florida, even though the
Governor had requested a little bit more than that. He did not veto that
line item in the budget; it remains.
Lisa?
MS. HURLEY: (Shakes head.)
MR. MULLINS: No?
Appropriations projects. As Lisa said, we came into this session
knowing that money was going to be tight and projects scrutinized, and
we also had the last two weeks dealing with the school shooting and a
lot of money associated with trying to address that issue. So we knew
going in this was going to be a difficult year for projects.
To that end, we did manage to get Lake Trafford Pathways
completely through the process, and it was not line-item vetoed in the
budget, so it stands. We managed to get West Goodlette-Frank
septic/sewer stormwater through -- passed in the House budget, but it
died in conference.
COMMISSIONER TAYLOR: What does that mean?
MR. MULLINS: I'm sorry. What --
COMMISSIONER TAYLOR: Dying in conference.
MR. MULLINS: At the end of the day, you have your two
versions of the budget, the House and Senate versions, and then
basically you have a conference between the different committees on
both sides to try to work out the differences in the budget. If they can't
resolve it, it goes to the chairs. If they can't resolve it, it goes to the
leadership. So in that process --
CHAIRMAN SOLIS: And if they can't agree, then it dies in
conference.
MR. MULLINS: It can. I mean, Lisa may have some more --
MS. HURLEY: Yes, and that's correct. And just to put some
April 10, 2018
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numbers on it with regard to the tight budget year. So going in
knowing the Irma impacts, $400 million went to -- which we'll show
you later, went to the Public School Safety Bill, to take out $400
million from the budget that they thought they were going to be able to
spend in projects like these, along with an additional $167 million that
they expected to get from corporate income tax that didn't come in in
time. So they were handcuffed by almost $600 million.
Water projects were, just to put it in perspective, cut by a third
this year. So last year funded about $60 million. This year $20
million.
But to answer your question, so the budget is done, the House
comes out with their proposed budget conference report, and so does
the Senate, and it's at that point then both chambers, they appoint
conference committees, and that's when those committees are charged
with hammering out the differences.
So if you're not in either the House proposed budget or the Senate
proposed budget when you go into conference, you really don't stand a
chance. So we were in the Senate budget when we went into
conference was the point.
COMMISSIONER TAYLOR: Thank you.
MR. MULLINS: All right. Moving on to the resolutions of
support adopted by the BCC. The 5.75 million for the accelerator was
not selected for inclusion in the budget. We did have a very
productive meeting with Colonel Glenn Sutphin of the state veteran's
office, and Commissioners McDaniel and Solis were a part of that.
We now have a path forward with that to the point of where you
could start looking at land, and we're also, of course, looking at the
financing component through the one-cent sales tax. But we do have a
path forward with that should the funding be provided which, for a
construction, would be 35 percent state or local share.
Administrative actions: Robert's Ranch, something very close to
April 10, 2018
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Commissioner McDaniel. We had a meeting with Secretary of State
Ken Detzner on this. At the end of the day, the Governor vetoed a few
items that tried to leapfrog the historical commissions list and get
funded directly in the budget. To his credit, the Governor vetoed those
and restored the full amount, $2.9 million to that account which, when
you apply that funding to the -- we were at No. 9 on the list. You
apply it to that list, we were actually about $40,000 funded. The
problem is, it's a $447,000 project.
That being said, there is a little, you know, good news on the
horizon potentially. Five of the projects ahead of us are
half-a-million-dollar projects. Should one of those not follow through
for whatever reason, we would be fully funded for Robert's Ranch.
But it may be November before you hear anything about that.
Lisa, did you have anything?
(No response.)
MR. MULLINS: And, of course, like I said, Lisa and our
lobbyist support the Secretary of State's efforts to increase that
appropriation in the budget.
And to give you kind of a glimpse into how this even started, the
House started at 17 million. The Senate started at 0 for this line item.
So they had to find a happy medium. It ended up being $2.9 million.
Issues to monitor. I won't go through all of these, but these were
things identified in the priorities to keep an eye on just in case. It was
kind of a mixed bag. Of course, there were a lot of shots taken at
home rule. There always is. A tree trimming bill that had to do with
vegetation and trees in right-of-ways was tweaked, tweaked, and died.
Vegetable gardens, which was Senate Bill 1776 -- and don't think
they didn't milk that number for every bit it was worth, freedom for
growing vegetable gardens in your front yard, regardless of zoning and
other ordinances that may prohibit. And, of course, the infamous
puppy mill language that was added to the taxation bill but then
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subsequently removed.
Lisa, did you have anything on any of these you wanted to --
MS. HURLEY: Mental health.
MR. MULLINS: Oh, on the mental health and substance abuse.
It looks like at the end of the day opioids received about $54 million on
the state level. And let me say that that's in addition to about $4 billion
that was in the last federal spending package that was just signed
recently. And then school mental health was $69 million for the
Parklands shooting.
But the total on mental health for this year was about 753 million
in general revenue plus 27 million in state-targeted response federal
grants. So there is probably, now more than ever, more funding being
provided for mental health statewide.
CHAIRMAN SOLIS: How does that compare to last session?
MR. MULLINS: I'd have to go back and pull all the accounts
that add up to that total to give you that, unless Lisa has it.
MS. HURLEY: It's about $50 million more. So if you look at the
GAA, the budget, and then the two bills, which is your school safety
Bill, 7026, and opioid bill, 21, that's where we get that number.
CHAIRMAN SOLIS: Wow. That's wonderful.
MS. HURLEY: Yep.
COMMISSIONER TAYLOR: CRAs.
MR. MULLINS: CRAs.
COMMISSIONER TAYLOR: What does it mean dying on
messages? It sounds very clandestine.
MR. MULHERE: Well, it could pass a body, go to the other
body, but that message was never taken up.
COMMISSIONER TAYLOR: Okay.
MR. MULLINS: Simplified; that could be the case.
The notables. These were bills that we had to deal with at some
point in some form or fashion because they had county implications.
April 10, 2018
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Everything from impact fees, affordable housing, blue star, the
discretionary sales tax referendum audit that you've already talked
about today, the disaster bills, the coastal management renourishment
scoring system that, for the last couple years, we were looking at and
in favor of; made it through one side, didn't get hurt in the other. And
then, of course, the public safety bill. And Lisa may have a few things
to note on a couple of these.
MS. HURLEY: Well, I just wanted to make sure you had a firm
understanding of the mental health and substance abuse. I know those
issues are very near and dear to your heart here in Collier and around
the rest of the state but, most importantly, to takeaway, I think, from
those, there's recurring funding in both of those bills, 7026 and 21.
About $100 million in recurring in the school safety bill, and 20
million recurring in the opioid bill.
CHAIRMAN SOLIS: Wow.
MR. MULLINS: With that, we will open it up for questions for
as long as you'd like to ask them.
CHAIRMAN SOLIS: I've got two lights.
Commissioner Saunders, your light was on, but I don't know if
that was from the prior.
COMMISSIONER SAUNDERS: I was getting ready to push the
button anyways, so that was fortuitous.
I just wanted to thank Smith, Brian, and Myers. When John
Mullins says that Lisa is hard working, and he's really talking about not
only Lisa but the entire firm.
I was up there quite a bit, and whenever we needed anything, she
was simply a phone call away. I think this is a really good choice that
the commission made in terms of our lobbying effort, and I look
forward to next session.
COMMISSIONER McDANIEL: I just want to say thank you,
Commissioner Saunders. It was your guidance that led us down that
April 10, 2018
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path, so...
CHAIRMAN SOLIS: Fastest walking, too. It was hard to keep
up with Lisa in the capitol. I think I lost some weight that time.
Anyway, I'm sorry.
COMMISSIONER McDANIEL: On that note, we were on a
steady trot.
CHAIRMAN SOLIS: I'm sorry. Commissioner Fiala.
COMMISSIONER FIALA: No, I don't need to speak. I was
going to ask a question before, but I've already forgotten it, so...
CHAIRMAN SOLIS: I think on the texting and driving and the
pushback.
COMMISSIONER FIALA: Oh. Why did that texting die?
MS. HURLEY: And John hit it right on the head, because it
sailed through the House. But two very powerful persons in the
Senate, one of which was the chair of the Criminal Justice Committee
and then the appropriations chair, both of whom were concerned with
the implementation of making texting and driving a primary offense.
So not the policy, but the implementation, meaning if it was just
restricted to texting, how is law enforcement supposed to discern from
someone that's texting or someone that's talking into their phone or
someone that's using their -- let's say, their driving application, okay.
And so there was a version -- there was -- the bill was amended in
the Senate to just restrict; so if you're in your car, it would be all hands
free. And so that, I think, would have been acceptable to the Senate
leadership, but that wasn't, ultimately, adopted. But that was -- it was
implementation issues.
And so maybe when we see the bill next year, which we will see
the bill, that they will move more towards the hands free so they can
get the buy-in.
CHAIRMAN SOLIS: Would that mean no drinking coffee while
you're driving in your car?
April 10, 2018
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COMMISSIONER SAUNDERS: Only if your cell phone is in
your coffee cup.
COMMISSIONER FIALA: Lisa, I want to just tell you you've
done us proud.
And I worked with Lisa -- well, I used to be a regular attendee at
FAC, Florida Association of Counties, and Lisa was their attorney.
And so we became pretty friendly over the years. And so I'm just
delighted that she's serving us now and serving us well.
MS. HURLEY: Thank you.
COMMISSIONER FIALA: You're working with a bunch of
great guys.
MS. HURLEY: It's just been a pleasure working with you, and I
look forward to next year. Thank you very much.
CHAIRMAN SOLIS: Thanks for all you did this session. Thank
you.
MR. MULLINS: And with that, too, I would also like to thank
the department heads and division staff. When we reached out for
information and told them we have to have it yesterday, they came
through each and every time.
And, you know, all of our success is attributable to the work that
they put in reviewing legislation and giving us the notes that we need
to be an effective sales force, if you will.
COMMISSIONER SAUNDERS: And I'll add, Mr. Mullins has
been incredible in terms of information --
CHAIRMAN SOLIS: Right.
COMMISSIONER SAUNDERS: -- and working to make sure
our priorities are at least heard, and he's done a great job.
CHAIRMAN SOLIS: Absolutely. Kudos to Mr. Mullins as well.
COMMISSIONER TAYLOR: Great, great.
CHAIRMAN SOLIS: Great job.
MR. OCHS: Motion to accept?
April 10, 2018
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CHAIRMAN SOLIS: Is there a motion?
COMMISSIONER McDANIEL: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SOLIS: Second. 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.
COMMISSIONER FIALA: I can smell my lunch.
CHAIRMAN SOLIS: Are we ready for lunch?
COMMISSIONER TAYLOR: I think we are.
COMMISSIONER FIALA: Yeah.
CHAIRMAN SOLIS: Okay. We'll be back at 1:15.
(A luncheon recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
Item #9A – Discussed further later in the meeting
ORDINANCE 2018-16: AN AMENDMENT TO CHAPTER 134,
ARTICLE VII, OF THE COLLIER COUNTY LAWS AND
ORDINANCES (STORMWATER UTILITY ORDINANCE) TO
UPDATE DEFINITIONS, UPDATING COUNTY AUTHORITY
TO MANAGE THE STORMWATER UTILITY AND ESTABLISH
ASSESSMENTS AND UTILITY FEES AND PROVIDE FOR THE
PROCESS OF GRANTING CREDITS – ADOPTED W/CHANGES
TO THE APPEAL PROCESS
April 10, 2018
Page 103
MR. OCHS: We're onto Item 9A. This is a recommendation to
approve an amendment to your stormwater utility ordinance. Mr.
Cohen, your Growth Management Plan Department Head, will begin
the presentation.
MR. COHEN: Thank you, Manager. Thaddeus Cohen,
Department Head, Growth Management.
Is it something I said?
CHAIRMAN SOLIS: You cleared the room. You should have
been here earlier.
MR. COHEN: I cleared the room, geez.
MR. OCHS: We should have brought him up at 9:00.
MR. COHEN: I was starting to say, I should have been here
earlier.
COMMISSIONER FIALA: It's only us chickens.
MR. COHEN: Yeah. I was starting to say; wow.
Well, thank you, Commissioner, Chair. It's an opportunity for us
to come back and talk with you about where we stand in moving
forward to Phase 3 of the stormwater utility.
As you can see from our background, the last time we were here
back in February, you approved the stormwater utility rate study, and
this is now having us move towards the next steps to be more proactive
in the rainy season. We were just having a conversation with
Commissioner Taylor about the work we're doing currently on
Goodlette-Frank, for example, and being able to reach out to the
community to tell them, you know, how we're going to be able to
maintain it and what we're doing. So we're trying to lean forward even
as we're waiting for some of these other steps to take place.
You'll see that we're going to expand existing contracts on
mowing, spraying, being able to get engineers and consultants on
board.
April 10, 2018
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As you recall, we were talking about trying to move closer to an
industry standard as far as our maintenance concerns and, as we're
saying, to try to be more proactive. These dollars, as we move
forward, will allow us to be able to do that. And we're having
conversations currently about how we're going to handle our staffing,
how we're going to handle contracts expansion to be able to meet the
level of service as we move forward.
Public engagement is going to continue to be one of the highlights
of what it is that we do as we go forward. We've received great
feedback at the community meetings that we've attended. I was out at
Commissioner Fiala's town hall meeting as well as Commissioner
Saunders', and we think it's gone well as far as our ability to explain to
the community what it is that we're trying to accomplish and what we
will accomplish.
Early on we were out in Commissioner McDaniel's district
talking with the CRA there about some of the new work that we'll be
able to move forward on as far as implementing the master plan, for
example, and then tying in some of the maintenance projects to that
overall strategy.
And I think, finally, as we move forward with additional
meetings, we'll be able to clarify some of the procedures and steps that
we'll take so there will be more information and give and take as to
how it is that we're looking forward to implementing some of our
AUIR projects as well as some of the projects that were unfunded.
At this point, I'd like to just go ahead and talk to you about what
we have as far as the next milestones and have Amy come up and kind
of walk through the technical components that we're asking for today,
which is to move forward with Chapter 134, Article VII of the county's
law of ordinances for the stormwater utility initial assessment
resolution, and she'll talk with you about some of the finer points on
that and look forward to that recommendation as we continue to move
April 10, 2018
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forward.
COMMISSIONER SAUNDERS: And, Mr. Chairman, while
she's coming up, I would like to mention to Commissioner McDaniel
we had 121 people sign up at the town hall meeting that I had a few
weeks ago. That doesn't count staff, 121 --
COMMISSIONER McDANIEL: Is that the one you were at or
the one I went in your stead?
COMMISSIONER SAUNDERS: No. That's the one I was --
COMMISSIONER McDANIEL: I'm joking.
COMMISSIONER SAUNDERS: I just wanted to let you know,
121.
MR. COHEN: It sounds like a little -- it's more than it was
attended here. When I was at Commissioner Fiala's, just to give her
some props; she had 200 people at her town hall. So, as you know, she
does quite well with people coming out in the community.
COMMISSIONER SAUNDERS: She's been here long enough.
She knows how to draw a crowd. Bill and I are new at this, so...
MS. PATTERSON: Good afternoon. Amy Patterson, for the
record, Director of Capital Project Planning.
We just have two changes that we want to walk you through to
the ordinance as proposed. And I've handed them both out earlier, and
so we're going to put them on the visualizer so I can explain to you
what's going on here.
The first change is in Section 3, which is Section 134.316,
findings, purpose, and declaration of benefit. We are adding No. 5,
new text, to read, "The Board of County Commissioners will review
specific financial and program milestones annually as part of the
Budget and Annual Update and Inventory Report and the Capital
Improvement Element." That is to address the specific concerns raised
by Commissioner McDaniel at the last meeting or the last time you
heard this as to being able to have those measurables and have the
April 10, 2018
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Board really understand this program as it moves forward.
The second change that we have -- I'm going to get you to the
place that we're going. And this was prepared by the County Attorney,
and it's a change to Section 134.329, which is the adjustment of utility
fee and assessments and corrections, and this change -- I'm going to
read it to you -- is simply to clarify the process by which somebody
could bring an appeal forward.
And the County Attorney has included this revised language,
which I'll put up on the visualizer right here. It can go right over the
top. So we're in Letter B where it's right of review by the board. This
is existing language except for the underlined added by the County
Attorney. So it reads now, "The owner has the right to appeal the
decision of the director to the Board of County Commissioners who
may refer the issue to a hearing examiner for final decision."
So this would be if somebody had a concern that wasn't able to be
vetted through staff on impervious area or any technical matter on their
calculation; this gives them an appeal process all the way up to the
Board of County Commissioners.
And with that, I can answer any questions, or we have other staff
here as well, and that's what I have.
COMMISSIONER FIALA: I have a question.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. Thank you. I think this is an
exciting thing to happen for our whole county; much, much needed.
What I wanted to ask you is, will the City of Naples be covered?
COMMISSIONER TAYLOR: They're already covered. They
already have their stormwater utility fee.
COMMISSIONER FIALA: I didn't know if they were going to
join it together or not. But they're not.
COMMISSIONER TAYLOR: No.
COMMISSIONER FIALA: Okay. Will Marco be covered?
April 10, 2018
Page 107
MR. OCHS: No.
COMMISSIONER FIALA: Okay. Will Goodland be covered?
COMMISSIONER TAYLOR: Yes.
MR. COHEN: Yes. It's unincorporated --
COMMISSIONER FIALA: And will Golden Gate be covered?
MR. COHEN: Yes.
COMMISSIONER FIALA: Good. Because I know that we're
moving our water system into that area.
And last night I was -- they invited me to be a guest speaker over
at the Golden Gate Civic Association at the Golden Gate Community
Center, and that was one of the questions. So I think Commissioner
Saunders can probably deliver that answer right to them, then.
MR. COHEN: And we're doing work there currently.
COMMISSIONER FIALA: Pardon me?
MR. COHEN: I say we're doing work there currently in Golden
Gate.
COMMISSIONER FIALA: I knew that. I just -- and I was sure
that you were going to, but I said, let me just check to make sure, and I
told them I would just have Commissioner Saunders right here
anyway, and he would bring the message back to them.
Thank you. Okay.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah, just a quick question,
and maybe this is more for Amy, unless you want to answer. It just
has to do with residents in Golden Gate Estates.
I read that there was going to be a credit process offered to people
who already have attenuation and capacities to maintain their own
water, if you will. Is that credit system available to independent
residents that are not part of an entire system?
MR. COHEN: It will be, yes.
COMMISSIONER McDANIEL: Okay. And so then the appeal
April 10, 2018
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process, if they find they don't get a happy answer, then that's the
process that they go through?
MR. COHEN: That's correct.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SOLIS: And that actually raises a question in my
mind. So for example, this came up during a meeting. I was in Pine
Ridge. And the credit will be available to owners that have some
attenuation on their property or put it in, or how's that going to --
because I'll tell you, my recollection was when I built a house in Pine
Ridge, I had to put in swales in certain parts of the property to hold the
water. But prior to that there was none on the lot.
So my question is, how is that determination going to be made?
And is it only going to be available to owners that already have that in
existence?
MR. COHEN: The answer to that is going to be yes and yes. I've
got my lifeline here, so let me take the first swing at that, which is
there's two things, two ways we're looking at it. One is through the
impervious surface calculations; that will be known for the first
go-round. So if you take a driveway out, for example, the following
year when we do that calculation, that's an instant quote -- we won't
call it a credit, but that's an evaluation we can do as to how much water
you're putting into the system.
CHAIRMAN SOLIS: Right.
MR. COHEN: For those who have retainage, for lack of a better
word, on their properties currently, we're working on the methodology
to determine what that credit may be. And then if you do something
future, that's also going to be part of the credit program in which we're
in the process of developing.
CHAIRMAN SOLIS: Okay. So that's --
MR. COHEN: So both -- and then we also are looking at
opportunities to create incentives for folks who currently don't have
April 10, 2018
Page 109
that additional retention opportunities to be able to do things such as
rain barrels, rain gardens, those kinds of things, to be able to capture
more water on their property, and we want to create an opportunity for
and incentive for that to take place as well. But that's going to be an
evolution of the project as we go forward.
CHAIRMAN SOLIS: Okay. Thank you.
MR. COHEN: Okay. I got a nod, so I did that okay.
CHAIRMAN SOLIS: Any other questions?
COMMISSIONER TAYLOR: I'd like to make a motion.
CHAIRMAN SOLIS: But we have some speakers.
COMMISSIONER TAYLOR: Oh, we have some speakers.
MR. MILLER: Well, actually, I was going to say I have some
names, but I don't see them here. Let me -- Dr. Joseph Doyle?
(No response.)
MR. MILLER: Brad Estes?
(No response.)
MR. MILLER: And Brad Cornell.
COMMISSIONER FIALA: They were all here this morning.
MR. MILLER: Yes.
CHAIRMAN SOLIS: Okay.
MR. MILLER: There you have it.
COMMISSIONER TAYLOR: I'd like to make a motion that we
move ahead and, I guess, to advertise -- what are we doing here?
MR. OCHS: Adopting the amended ordinance.
COMMISSIONER TAYLOR: Adopting the amended ordinance
as brought forward by our County Attorney --
MR. COHEN: With the language.
COMMISSIONER TAYLOR: -- with the language that has been
-- boy, did I make a mess of this.
COMMISSIONER FIALA: It's all right.
COMMISSIONER TAYLOR: I want to do this. All right. So
April 10, 2018
Page 110
help me. I make a motion that we adopt the amended ordinance with
the language that was presented to the Commission today.
COMMISSIONER FIALA: Second it.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SOLIS: Motion and a second. All in favor, say
aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SOLIS: Okay. Motion carries 4-1.
MR. COHEN: Thank you.
CHAIRMAN SOLIS: Thank you.
COMMISSIONER TAYLOR: Yeah.
Item #11C
STAFF TO ADVERTISE, AND BRING BACK FOR A PUBLIC
HEARING, AN ORDINANCE AMENDING THE LAND
DEVELOPMENT CODE RELATING TO OFF-SITE NATIVE
VEGETATION PRESERVATION, AT A FUTURE BOARD
MEETING - APPROVED FOR STAFF TO ADVERTISE AND
BRING BACK THE PROPOSED ORDINANCE
MR. OCHS: Commissioners, that takes us to Item 11C. This is a
recommendation to direct the staff to advertise and bring back for a
public hearing an ordinance amending the Land Development Code
relating to off-site native vegetation preservation. Mr. Bosi will make
the presentation.
April 10, 2018
Page 111
MR. BOSI: Good afternoon, Commissioners. Mike Bosi,
Planning and Zoning Director.
And, simply, what we're asking the Board to do is to give staff
direction to advertise the Land Development Code amendments for
off-site preserve standards. They've been in the works for over two
years. I think we've met one-on-one with each of the Board of County
Commissioners over the past couple months.
We believe we've placed a draft ordinance attached to the
executive summary that summarizes the consensus of the options
within the three areas that we're looking for amendments on: The
amount that can be taken off site, the monetary, and the land donation.
With that, we would be open for any questions that you may have
regarding the question. But it's simply a request just to advertise to
bring it back for adoption.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I just have one question, and
that is under CCPC recommendation they said an administrative
deviation for essential service projects, affordable housing projects
fragmented on-site, or on-site vegetation.
Well, I would think that in many of those cases, you wouldn't
want to lose that green effect because then, you know, you wouldn't
have -- you wouldn't have any greenery at all in your place. And I just
didn't -- I didn't agree with that, so I just wanted to put that on the
record.
I think that -- I think it's important to -- just like I don't believe in
taking your off-site -- or your on-site preservation and moving it to
another site 10 miles down the road. I don't think that does any good,
so...
MR. BOSI: Understood. And what I would say is even if you
did select the off-site mitigation or displacement, it doesn't change the
amount of required open space. So the amount of green space still will
April 10, 2018
Page 112
be there. It's just a different characterization of the understory of that
open space or that green space.
COMMISSIONER FIALA: So let me understand if -- let me see
if I understood what you just said.
So you have a -- you have a five-acre piece of land that has some
preservation in it already when you buy it, but you want to really pack
in the, say, four stories of whatever you're building on there. So you
want to remove that preservation so you put it to another place. I'm
saying, then you would have no green in there.
MR. BOSI: Oh, you still have the same amount of open-space
requirement. It's just the characteristics, your native preserve. The
native preserve has to be -- is being maintained. If you take this native
preserve off, you're exchanging that for more, probably, grass area.
Different type of cultivated landscaping would more or less be the
replacement is how that works.
CHAIRMAN SOLIS: You're still going to have your green space
--
COMMISSIONER FIALA: Yeah.
CHAIRMAN SOLIS: -- requirements. That's outside of this.
This just relates to the native vegetation preservation. So you'd still
have the same amount of green space. It's just what kind of green
space are you going to have. Is that --
MR. BOSI: Most certainly, that's the characteristics. That's the
essence of it. It's just an exchange of native preserve for cultivated
landscaping.
COMMISSIONER FIALA: In other words -- okay. So, I'm sorry.
It's -- you know, I'm 80.
COMMISSIONER McDANIEL: Not yet.
CHAIRMAN SOLIS: No. But let's say -- just to make sure I'm
clear on it, so we've got a five-acre piece of land -- I'm just going to
use round numbers. There's going to be an acre of open space, and that
April 10, 2018
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open space can either be landscaping or, if there's native preserve, it
would be native preserve.
MR. BOSI: Correct.
CHAIRMAN SOLIS: It's just what's going to be in the green
space is really --
COMMISSIONER FIALA: Just so that they have some green
space.
CHAIRMAN SOLIS: Yeah.
COMMISSIONER FIALA: You know, I think that that lends
itself to a nicer community. Everybody needs a little bit of that. Okay.
But it's going to be there. You're not going to take it off site?
MR. BOSI: Correct.
COMMISSIONER McDANIEL: If it's in excess of half an acre,
you cannot take it off site.
COMMISSIONER FIALA: Okay.
CHAIRMAN SOLIS: But the amount of green space that's going
to be there is always going to be the same.
COMMISSIONER FIALA: Okay. That's good.
CHAIRMAN SOLIS: It's just, is it native trees --
COMMISSIONER FIALA: So kids can play baseball in there or
something like that.
CHAIRMAN SOLIS: It's whether it's native pines or if it's
landscaping and palm trees.
COMMISSIONER FIALA: Just so that we're still retaining that
green space.
CHAIRMAN SOLIS: Yeah.
COMMISSIONER FIALA: And, actually, I'm not picky about
what kind of green space we're retaining. Just so we have some in
there. Don't forget, I love that landscaping and all that stuff. Sorry
about that.
CHAIRMAN SOLIS: Commissioner McDaniel.
April 10, 2018
Page 114
COMMISSIONER McDANIEL: And I just wanted to -- on that
similar note, I mean -- and I'm aware that there's a minimum
open-space requirement for any particular project. I think it's about
20-some-odd percent, 25.
MR. BOSI: When you get to a residential area, 50 percent.
COMMISSIONER McDANIEL: Sir?
MR. BOSI: Residential is 50 percent.
COMMISSIONER McDANIEL: Fifty percent. So that's there
irrespective.
And I just -- I wanted to say two things: One, I was happy to see
the summary agenda come through with lifting of the restrictions of
when we can touch our LDC. I was really happy about that, because
there are, I think, often -- more oftentimes that we need to be able to
get -- to be able to look at the LDC and make adjustments along the
way.
I have a concern about this proposal being too restrictive and not
a mechanism for appeal or a hearing if certain standards are met. I
mean, because, basically, this criteria is in excess of this
21,000-some-odd square feet, you're not allowed to ask. And what do
we do when it's 22,000 or 24,000 and/or it's an isolated wetland that
has little to no value that could be, probably should be relocated to a
more appropriate location?
There's not -- is there an appeal process, or is there a process
allowed for that to, in fact, take place, or is this --
MR. BOSI: The Planning Commission's recommendation was
there is no deviation from that half-acre process.
Now, in your previous support material, it was indicated that
CCLAC and DSAC had both recommended one acre be the standard
with the ability to go to two acres for a deviation process. That was the
alternative, but the choice that was -- had been indicated earlier from
the Board of County Commissioners was the Planning Commission's
April 10, 2018
Page 115
recommendation for the half acre.
COMMISSIONER McDANIEL: And, again, I personally feel
that's too restrictive. I'm okay with it. If we start to see regular
occurrences where this needs to be adjusted, that we have capacity
now to come back.
I also -- I mean, I made some suggestions yesterday when I was
meeting with staff with regard to the financial component of the
financial remuneration when there is an allowance to go off site and
where those monies, in fact, could go. So -- and they're not part of this
right now, but that's something that I think we can ultimately explore
and address.
CHAIRMAN SOLIS: Any other questions for staff?
(No response.)
CHAIRMAN SOLIS: No speakers?
MR. MILLER: No, sir.
CHAIRMAN SOLIS: Is there a motion?
COMMISSIONER TAYLOR: Yeah. I'll make a motion to
approve and to -- what are we doing -- to direct staff to advertise and
bring back for a public hearing this ordinance as presented.
CHAIRMAN SOLIS: Is there a second?
COMMISSIONER McDANIEL: I'll second it.
CHAIRMAN SOLIS: All in favor?
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.
April 10, 2018
Page 116
Item #9A – Further discussion from earlier in the meeting
RESOLUTION 2018-71: AMENDING THE STORMWATER
UTILITY INITIAL ASSESSMENT RESOLUTION RELATING TO
THE PROVISIONS OF THE STORMWATER MANAGEMENT
SYSTEM AND IMPROVEMENTS; ESTIMATING COSTS OF
THE SYSTEM AND BENEFITS; ESTABLISHING THE METHOD
OF CALCULATING THE COST AND COLLECTION OF THE
STORMWATER UTILITY FEE; DIRECTING THE
PREPARATION OF THE STORMWATER UTILITY FEE ROLLS;
SETTING A PUBLIC HEARING FOR THE ADOPTION OF THE
FINAL RATE RESOLUTION FOR THE STORMWATER
UTILITY FEE AND DIRECTING THE PROVISION OF NOTICE
AND PROVIDING AN EFFECTIVE DATE, IN ACCORDANCE
WITH SECTION 403.0893, FLORIDA STATUTES, PERTAINING
TO STORMWATER PROGRAMS – ADOPTED
MR. OCHS: Commissioners, I need to apologize and ask if we
could go back briefly to Item 9A. There was a second component of
the stormwater utility item for action. Not only is there the
recommendation to amend the ordinance as outlined but also to adopt
the initial assessment resolution as a companion to that action. I
apologize for not catching that, but we -- I think it's important we do
that for the record. And, Jeff, I don't know if we need to re-open the
public hearing or not.
MR. KLATZKOW: No. Just make the motion and the vote.
There's nobody here who registered.
MR. OCHS: Okay. So, Mr. Chairman, I'm looking for basically
the recommendation to approve the staff recommendation which
includes both the amendment to the existing stormwater utility
ordinance and the adoption of the initial assessment resolution that's
April 10, 2018
Page 117
the companion to that.
COMMISSIONER TAYLOR: Make a motion to adopt the
stormwater utility initial assessment resolution.
CHAIRMAN SOLIS: Second?
COMMISSIONER FIALA: Second.
CHAIRMAN SOLIS: Is there a second?
COMMISSIONER SAUNDERS: Second.
CHAIRMAN SOLIS: There's a second. All in favor?
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SOLIS: Okay.
MR. OCHS: Thank you. I apologize for that.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: That takes to us Item 7, public comments on general
topics not on the current or future agenda.
MR. MILLER: We have no registered speakers for Item 7.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: And, Commissioners, that moves us to Item 15,
April 10, 2018
Page 118
staff and commission general communications. I have just a couple of
brief items today.
First is the reminder of your upcoming workshops. On May 1st
you have your BCC Blue Zone workshop at 9 a.m. on May 1st, and
then at 9 a.m. on June the 5th, you have a BCC mental-health
workshop.
Speaking of workshops, I received a correspondence from the
acting city manager on Marco Island recently requesting a workshop
between the Board and the Marco City Council to address some of
these bullet points that are displayed on the visualizer in the letter.
You see they've suggested a June meeting in the first or second
week. You've already got a workshop scheduled the first week in
June. So if you do want to proceed with a workshop, my suggestion is
perhaps we look at the fall.
I will note that the COPCN item listed there is already on a
separate review track and is working through the ordinance or the
review process as specified in your ordinance.
COMMISSIONER TAYLOR: So that should not be a topic of
discussion; is that correct?
COMMISSIONER McDANIEL: Which one is that? I was --
COMMISSIONER TAYLOR: COPCN.
MR. OCHS: Well, the status of the COPCN. I mean, they know
what the status is. It's in review as part of the application process. We
should have that to the Board in May for a decision by this board.
COMMISSIONER TAYLOR: Oh, okay.
COMMISSIONER McDANIEL: We're all going down Friday.
Maybe we can just have this after the MPO.
COMMISSIONER FIALA: That's what I was thinking, yeah.
And maybe, you know, we could leave it on, but if it's already decided,
then we can remove it, right?
MR. OCHS: Well, by the time you meet, Commissioner, if you
April 10, 2018
Page 119
meet in the fall, this will be overcome by other events.
COMMISSIONER FIALA: Can you tell me what offsetting
impacts -- I don't even know what impacts -- through revenue sharing
means.
MR. OCHS: I have no earthly idea.
COMMISSIONER FIALA: Oh, okay.
MR. OCHS: I have a suspicion that it's going to cost you money,
but that's all I can suspect.
COMMISSIONER FIALA: That's all I heard, too.
COMMISSIONER SAUNDERS: The sharing goes the other
way.
COMMISSIONER FIALA: I wonder what impact --
MR. OCHS: That's right. It's a one-way sharing street, I would
imagine, yes.
CHAIRMAN SOLIS: I'd like to make a suggestion that maybe
we should have a little more clarity as to what they want to talk about
before we schedule a workshop.
MR. OCHS: I'd be very happy to do that.
CHAIRMAN SOLIS: Was that --
COMMISSIONER SAUNDERS: I would agree. You know, we
did have a very successful workshop, and I think we should certainly
continue to have at least an annual workshop, but I don't see anything
on this list necessarily that I'd be particularly able to even talk about.
COMMISSIONER McDANIEL: Well -- and the only thing --
COMMISSIONER FIALA: We don't know what they mean.
COMMISSIONER McDANIEL: Yeah. I mean, I concur. I want
them to know that I would like to meet with them. And I think, you
know, the No. 1 on the list there is the forecasted growth in Collier
County. You know, we're all -- we're completing the Collier
Interactive Growth Model Study itself right now. That's going to be a
huge benefit for us to be able to share with them a different way of
April 10, 2018
Page 120
estimating our populations and infrastructure needs and the like.
So in the fall would be probably a more appropriate time because
that certainly -- if we stay on task, that model will be done in May,
June. And then, of course, you know, and everybody's kind of up in
arms about us doing anything during the summer anyway, so...
MR. OCHS: Sure.
Well, Mr. Chairman, if you'd like, I can speak with Mr. Polanco
and try to get a little more specificity on some of these items and report
back before your break, and maybe you could consider something in
the fall. Would that work?
CHAIRMAN SOLIS: Late fall, sure. I'd be in favor of that.
Anybody else?
MR. OCHS: Good. Very good. Thank you.
Last thing, again, just speaking of schedules, is to remind you that
we are scheduled for one board meeting in July and then -- and you
would proceed with your summer break and come back in September.
I'm just confirming the schedule. That's been the traditional schedule,
and we're planning on the same thing unless I'm otherwise advised.
COMMISSIONER FIALA: The first Tuesday in September, is
that going to be a workshop then?
MR. OCHS: In September?
COMMISSIONER FIALA: Yes.
MR. OCHS: We don't have anything on the calendar right now,
Commissioner.
COMMISSIONER FIALA: Oh, okay.
MR. OCHS: You usually come back and you have your first of
two advertised public hearings on your budget adoption.
COMMISSIONER FIALA: Okay, fine. So as long as we don't --
MR. OCHS: Usually the first and third Thursdays.
COMMISSIONER FIALA: I'm just trying to plan on when I
come back.
April 10, 2018
Page 121
MR. OCHS: Yes. I think it's typically the first and third
Thursdays of September are your public hearings on the budget, final
public hearings.
COMMISSIONER FIALA: Okay. Oh, first and third Thursday.
MR. OCHS: Yes, ma'am. And we'll coordinate with all of your
executive offices and get all those things on the calendar.
COMMISSIONER FIALA: Okay. Thank you.
That's all I have, Mr. Chairman.
CHAIRMAN SOLIS: County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN SOLIS: Madam Clerk?
MS. KINZEL: I just had one comment that I was remiss when
you were giving the legislative update.
I wanted to also comment John's been very cooperative and
helped with some issues on the Clerk's funding, and it -- we were up to
date. We had several emails back and forth, and it really worked well
to keep that communication open, so we appreciated that also.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yeah. I don't have any
comments other than just to key in a little bit on what our County
Manager was just talking about with regard to our schedule.
And I had made mention last year about us maybe doing a pilot
program and an adjustment in the Board's schedule for FY18, and it
didn't meet with any real happy thoughts up here.
And I would like for us to give due -- I mean, you know, we had
some discussions about it, and it's something maybe we can follow a
little closer and have some -- maybe when we come back from our
summer break, having gone through our budget hearings, and -- I don't
want -- I don't think it's appropriate now to be adjusting the Board's
schedule because it's all set and people's vacations and the like are in
line, but maybe when we come back from break we can revisit that.
April 10, 2018
Page 122
CHAIRMAN SOLIS: For, you're talking about, 2019?
COMMISSIONER McDANIEL: Nineteen, yes, sir.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Nothing. Thank you.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. A couple of things.
I would like to see if I have the consent of my board to begin a
process to determine or to develop a strategic plan for the arts in
Collier County.
I've been approached by a couple of folks who feel it's timely to
do it, and my thoughts were to go to the major art institutions, Marco
and the City of Naples artists, and see if there's a willingness to explore
this. It would not supersede or even discount what the United Arts
Council has done, but it would develop a plan going forward of our
community.
The CRA is developing a public arts program in their master
planning, so it's all coming to a wonderful, almost a genesis of maybe
it's time to do this.
And I sat on the Naples Art Association when I was on the City
Council, I think, for as long as I was on the City Council, and I also
was there at the beginning of the public arts program, so that's why I
was approached. So if there's a consensus -- and, certainly, this doesn't
mean we start right away, but this would probably mean that the
county would be involved in that -- of course would be involved in that
process, but it doesn't mean the county would underwrite it 100
percent.
COMMISSIONER SAUNDERS: I think that's a good idea, and I
suspect that there are communities that have these types of plans,
because we're talking about different facilities that different private
groups are developing.
COMMISSIONER TAYLOR: Yes.
April 10, 2018
Page 123
COMMISSIONER SAUNDERS: We're looking at developing a
site for performing arts. And it would be nice to have all of that
coordinated so that we're not overbuilding, for example. So I think
that that's a good idea to maybe take a look at what some other
communities are doing. I wouldn't be surprised if Sarasota had
something like that. And start taking a look at it. I think that's a good
idea.
COMMISSIONER FIALA: I agree, too. Oh, thank you very
much.
When we had different fundraisers and they made the alligators or
they made the giant turtles, and people still have them in their frontage
now, you know, just having some public art. And right now we found
a sculptor who can do a perfect sculpture at 951/41. The thing is, we
don't have the money for it. But it would be wonderful if we could get
the money for that because, then again, there would be more public art
again.
So I'm totally on board with that. And if anybody has any money,
they could donate to that sculpture.
COMMISSIONER TAYLOR: Okay, good. All right. So is that
good? All right. That's a nod, so we'll start that process.
And then -- and I'm not going to say this. This is very awkward,
but I have to say it. I was reviewing --
COMMISSIONER McDANIEL: You're not going to say it --
COMMISSIONER TAYLOR: But I am. But I'm not going to
mention the names.
We just nominated two folks to be re-upped at an advisory board.
And when one of them fills out their term, they will be there for almost
18 years consecutively, and the other one will be there darn close to it,
probably about 14 or 16 years.
And it is extremely difficult -- and, Commissioner Fiala, you
know this -- when you sit next to someone that you're working with, to
April 10, 2018
Page 124
say -- when they want to be re-upped, it's hard to say no.
COMMISSIONER FIALA: That's true.
COMMISSIONER TAYLOR: And there were two good
candidates, new ones, youngers, that wanted to come in and, of course,
they were not nominated. We are discouraging, by not having term
limits, folks coming in. I really believe that.
COMMISSIONER FIALA: On advisory boards?
COMMISSIONER TAYLOR: Yes. I think we need to --
COMMISSIONER FIALA: You know, actually, I agree with
you on that. There are many of them that you see that probably have
outlived their -- not usefulness -- let me say, their new creative juices.
And a lot of times you need new thoughts.
Say, for instance, the arts. Well, you know, you can't -- and we
don't have any, so there's nothing that I can refer to.
COMMISSIONER TAYLOR: Right.
COMMISSIONER FIALA: But, you know, if you had the same
one all the time, then you never change what you look like. And so I
think it's a good idea.
COMMISSIONER TAYLOR: So if there is consensus, I don't
know how we go about this. I'll leave that up to staff.
MR. KLATZKOW: Do you want me to draft a proposed
ordinance?
COMMISSIONER TAYLOR: Yes.
MR. KLATZKOW: You want the term limits to be every
advisory board or just certain advisory boards?
COMMISSIONER TAYLOR: I think across the board. I don't
think we should -- I don't think we should pigeonhole it now. The
issue is what are those term limits. Do we -- and you've gone through
this, so you know this, ma'am. I mean, do we -- each advisory board
decide what their term limits are, or do we make it across the board, or
how does that work?
April 10, 2018
Page 125
CHAIRMAN SOLIS: Can I make a suggestion?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SOLIS: I think we ought to put this -- if we're
going to have a discussion about it, we ought to put it on an agenda --
COMMISSIONER TAYLOR: Okay.
COMMISSIONER McDANIEL: Right.
CHAIRMAN SOLIS: -- and maybe have people from different
advisory boards and, you know, get some input instead of kind of
doing it on the fly.
COMMISSIONER TAYLOR: That's fine.
COMMISSIONER McDANIEL: Commissioner Taylor, you
know, we've talked about it at our CAC and -- or, you know, the
different -- the PAC --
COMMISSIONER TAYLOR: CRA.
COMMISSIONER McDANIEL: -- and in the MPO and, you
know, there's all different types of dynamics with these advisory
committees. And so it's really difficult to make a blanket ordinance to
cover all of -- I would think it would be difficult. But I concur with
Commissioner Solis. It's something that we should discuss and let
some of them come and talk to us just to -- because I can see your
rationale. As you know, I'm a proponent of term limits, and -- but I
can also see the shortfall.
COMMISSIONER TAYLOR: Well, but -- and not to discount
what this board passed, but we had -- before you instituted term limits,
we have term limits. It's called the public. We can be voted out of
office. Advisory boards can't, and their colleagues aren't going to do it.
COMMISSIONER McDANIEL: But we necessarily can if we
have viable candidates that have applied for a position. It takes the
will of elected to displace or replace those that have been there for too
long with worn-out ideas. We have that capacity as a board.
So, you know, you want to show deference and respect to those
April 10, 2018
Page 126
that have been, theoretically, too long, but those positions are all
renewed by this board. There are term limits, necessarily.
COMMISSIONER TAYLOR: Well -- but there's no way in the
world I would have brought that up today, mention names. I would
never do that. Even I, even, you know, in this position would feel
awkward naming people and saying it's time to change and let's go --
and to put that argument forward.
So I think it -- I think it becomes almost -- it gives folks a
framework from which they can work. And if they get nominated
again -- and say it's an eight-year term limit. When they leave at eight
years, it's because they're termed out. It's not because someone
decided they didn't want them on that board.
COMMISSIONER FIALA: You know, it's good --
CHAIRMAN SOLIS: A little less harsh.
COMMISSIONER FIALA: -- that you're bringing it back for
consideration at another time, because there are some -- like, for
instance -- and I'm thinking TDC now. There's one that works at a
visitor's center in the City of Naples. She is vital to that TDC because
she has firsthand knowledge of what the tourists are saying, and she's
been on there for a long time. She studies everything. She comes
prepared every meeting. And I would never want to lose her. I don't
care if she's been on there 15 years, or whatever it is.
And there's another one; he's the only one in that area that can
even apply for it, so you have to keep him.
You know, it's interesting because I think different challenges will
be presented at each of these things. In other places where the people
just keep over and over and over again and nobody can say no to them,
and you really wish there were term limits. So I guess it depends. I
don't know how we're going to make that decision, you know, but I
think it's a good thing to discuss.
CHAIRMAN SOLIS: Well, I was just going to say, I mean, I
April 10, 2018
Page 127
think it would be easy enough to draft an ordinance where there would
be a term limit unless otherwise waived by the Commission or
something like that. If there is a situation where, you know,
somebody's applied, they've reached their term limit but, one, nobody
else applies or, two, we really think that they're vital to that particular
committee, then there's always an exception that could be made by the
Board, right?
COMMISSIONER TAYLOR: That's a nice way of doing it.
CHAIRMAN SOLIS: And it's not as harsh on the person that's
been there forever --
COMMISSIONER TAYLOR: Right.
CHAIRMAN SOLIS: -- where we would be saying, no, you
know, you've been there too long. You're out. I think it would be a
little more polite way to do it. But maybe we should put it on an
agenda and then we can get some feedback.
MR. KLATZKOW: Do you want a proposed ordinance to go
with an executive summary or not?
COMMISSIONER TAYLOR: We probably should have some
framework, right?
CHAIRMAN SOLIS: Yeah.
COMMISSIONER McDANIEL: Something to work off of.
COMMISSIONER TAYLOR: Yeah.
And so, finally, County Attorney, I was asked if you had
conducted in the Sunshine -- I forgot to ask you this yesterday -- the
Sunshine seminars that are for our two committees that are coming up,
have you scheduled any kind of -- you have?
MR. KLATZKOW: Yes.
COMMISSIONER TAYLOR: Okay, good. Thank you. That's
good.
And that's it. Thank you.
CHAIRMAN SOLIS: Commissioner Saunders.
April 10, 2018
Page 128
COMMISSIONER SAUNDERS: There was an interesting
article in the Naples Daily News a few weeks ago concerning cyber
security and some problems that some local governments have had
with ransomware, that sort of thing. And I don't know what we're
doing to protect our data and our systems from that, but I thought I
would just mention that, and maybe you can just kind of let us know,
give us a little update on what we're doing or what we -- should we be
doing more. And we've got, you know, budget cycles coming up, so
this might be the time to talk about that.
MR. OCHS: Sure. I'll be happy to do it. I'll send an
informational memo out, and you can follow it up then.
COMMISSIONER McDANIEL: On that note, if you haven't
heard, the Immokalee Fire Department got hit. And, literally, while I
was in the chief's office last month, one of their IT guys, his stuff was
moving around on his screen, and they locked up, really, their
mainframe financial files, things that he had saved over onto his
personal computer by a ransomware that got him. So that would be a
good place for -- just putting an economic bias on that thought process.
COMMISSIONER SAUNDERS: I mean, the thought is that if
we need to, spend money up front, we may save a lot on the other end
if there's a problem, or if we prevent a problem.
MR. OCHS: Yes, sir. Sure, appreciate that.
CHAIRMAN SOLIS: Anything else?
COMMISSIONER SAUNDERS: Nope. That was all.
CHAIRMAN SOLIS: I've got nothing else other than say that I'll
be having another Coffee with the Commissioner on April 30th, and
that's all I have.
COMMISSIONER FIALA: Where do you do it?
CHAIRMAN SOLIS: At the library. There's a great --
COMMISSIONER SAUNDERS: Which one?
CHAIRMAN SOLIS: Orange Blossom, main library.
April 10, 2018
Page 129
COMMISSIONER SAUNDERS: Serve coffee and cake?
CHAIRMAN SOLIS: Coffee and doughnuts. I'm not sure if the
people show up for the coffee or the commissioner, but I'm pretty
certain it's for the coffee.
COMMISSIONER SAUNDERS: Is it advertised and open to the
public so we can all go?
COMMISSIONER FIALA: Yeah. Is it open to the public? Can
we go?
MR. KLATZKOW: Sure.
CHAIRMAN SOLIS: It's only one cup of coffee, though.
Otherwise it's over four bucks.
Very good. Anything else?
(No response.)
CHAIRMAN SOLIS: I think that's it. We're adjourned. Thank
you.
**** Commissioner McDaniel moved, seconded by Commissioner
Taylor and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted (Commissioner Solis
abstained from voting on Items: #16A5, #16A6 and #16A21)****
Item #16A1
RECORDING THE FINAL PLAT OF MAPLE RIDGE AT AVE
MARIA, PHASE 5A, (APPLICATION NUMBER PL20170002500)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY – THE
DEVELOPER MUST RECEIVE A CERTIFICATE OF
ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE
OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER
April 10, 2018
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Item #16A2
RECORDING THE AMENDED FINAL PLAT OF OYSTER
HARBOR AT FIDDLER’S CREEK PHASE 3, (APPLICATION
NUMBER PL20170003757) APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY - THE DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL
APPROVAL LETTER
Item #16A3
RECORDING THE MINOR FINAL PLAT OF LOWE’S
SUBDIVISION, APPLICATION NUMBER PL20170003373 –
LOCATED OFF OF NAPLES BLVD, ON THE WEST SIDE OF
AIRPORT-PULLING ROAD NORTH
Item #16A4
RECORDING THE MINOR FINAL PLAT OF TAMIAMI
CROSSING, APPLICATION NUMBER PL20170004064 –
LOCATED ON THE NORTHWEST CORNER OF TAMIAMI
TRAIL EAST AND COLLIER BLVD
Item #16A5 (Commissioner Solis Abstained from Voting)
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR LAMORADA AMENITY CENTER,
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PL20160001460, ACCEPT UNCONDITIONAL CONVEYANCE
OF A PORTION OF THE SEWER FACILITIES, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $18,696.17 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION
WAS COMPLETED ON FEBRUARY 22, 2018 AND FOUND THE
FACILITIES TO BE SATISFACTORY
Item #16A6 (Commissioner Solis Abstained from Voting)
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR COMMUNITY SCHOOL OF
NAPLES, PL20170000104, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $13,905.50 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT – FINAL INSPECTION WAS COMPLETED ON
FEBRUARY 14, 2018 AND FOUND THE FACILITIES TO BE
SATISFACTORY
Item #16A7
FINAL ACCEPTANCE OF THE POTABLE WATER FACILITIES
FOR PELICAN MARSH MAINTENANCE FACILITY,
PL20090001778, ACCEPT UNCONDITIONAL CONVEYANCE
OF A PORTION OF THE POTABLE WATER FACILITIES, AND
TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE
April 10, 2018
Page 132
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $7,743.87 TO THE PROJECT ENGINEER
OR THE DEVELOPER’S DESIGNATED AGENT – LOCATED
OFF OF VANDERBILT BEACH ROAD BETWEEN
GOODLETTE-FRANK RD AND AIRPORT-PULLING RD
Item #16A8
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR NAPLES RESERVE ISLAND
CLUB PHASE 2, PL20160003017, AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $10,617.60
TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT – FINAL INSPECTION WAS
COMPLETED ON FEBRUARY 27, 2018 AND FOUND THE
FACILITIES TO BE SATISFACTORY
Item #16A9
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR BARRINGTON COVE PHASE 3, PL20160001129 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION
WAS COMPLETED ON JANUARY 30, 2018 AND FOUND THE
FACILITIES TO BE SATISFACTORY
April 10, 2018
Page 133
Item #16A10
RELEASE OF TWO CODE ENFORCEMENT LIENS WITH AN
ACCRUED VALUE OF $134,710.72 FOR PAYMENT OF $910.72
IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD
OF COUNTY COMMISSIONERS V. MICHAEL SLOVIN, CODE
ENFORCEMENT BOARD CASE NOS. CESD20150013215 AND
CEPM20160006034 RELATING TO PROPERTY LOCATED AT
5231 19TH CT SW, COLLIER COUNTY, FLORIDA -
VIOLATION FOR A SHED ON THE PROPERTY WITHOUT
OBTAINING THE PROPER PERMIT THAT WAS BROUGHT
INTO COMPLIANCE ON MAY 8, 2017
Item #16A11
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $6,454.27 FOR PAYMENT OF $704.27 IN
THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF
COUNTY COMMISSIONERS V. ANGEL K. CARRASCO AND
BLANCA CARRASCO. CODE ENFORCEMENT BOARD CASE
NO. 2007020109 RELATING TO PROPERTY LOCATED AT 1801
55TH TERRACE SW, COLLIER COUNTY, FLORIDA –
VIOLATION FOR A FENCE ERECTED BY THE PREVIOUS
OWNER WITHOUT THE PROPER PERMIT
Item #16A12
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $5,012.73 FOR PAYMENT OF $2,000 IN
THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF
COUNTY COMMISSIONERS V. PHILLIP B. WHITE AND
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JANET IRENE NEBUS. CODE ENFORCEMENT BOARD CASE
NO. CEPM20110012536 RELATING TO PROPERTY LOCATED
AT 100 HICKORY RD, COLLIER COUNTY, FLORIDA –
VIOLATIONS FOR AN UNMAINTAINED POOL,
CINDERBLOCKS AROUND THE POOL AREA AND NO
RESIDENTIAL BARRIER
Item #16A13
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $3,447.85 ON BEHALF OF STOCK
DEVELOPMENT LLC., PURSUANT TO APPLICABLE
PROVISIONS OF THE ENVIRONMENTAL RESTORATION
AND MAINTENANCE (ERM) TRANSFER OF DEVELOPMENT
RIGHTS (TDR) BONUS CREDIT REQUIREMENTS
ASSOCIATED WITH PL20170004070 – RELATING TO 20+
ACRES LOCATED 6.5 MILES EAST OF COLLIER BLVD AND
NORTH OF SABAL PALM ROAD
Item #16A14
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $32,880 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER 59.902-34,
PL20160002332 FOR WORK ASSOCIATED WITH MAPLE
RIDGE AT AVE MARIA AMENITY CENTER – WORK
ASSOCIATED WITH THIS SECURITY HAS BEEN INSPECTED
AND THE DEVELOPER HAS FULFILLED HIS COMMITMENTS
Item #16A15
April 10, 2018
Page 135
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $30,660 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.902-
28 PL20160000316 FOR WORK ASSOCIATED WITH ANTHEM
PARKWAY EXTENSION – LOCATED WITHIN THE TOWN OF
AVE MARIA
Item #16A16
CLERK OF COURTS TO RELEASE PERFORMANCE BOND NO.
6451097 IN THE AMOUNT OF $41,558, WHICH WAS POSTED
AS A GUARANTY FOR WORK ASSOCIATED WITH COVENT
GARDEN, SITE DEVELOPMENT PLAN (SDP) PL20120001764 –
LOCATED OFF OF IMMOKALEE ROAD WITHIN THE
TWINEAGLES DEVELOPMENT
Item #16A17
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $37,280 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20170003250) FOR WORK
ASSOCIATED WITH LOGAN LANDINGS - LOCATED AT THE
SOUTHEAST CORNER OF IMMOKALEE RD AND LOGAN
BLVD
Item #16A18
AN AMENDED AND RESTATED LANDSCAPE
MAINTENANCE AGREEMENT (AGREEMENT) BETWEEN
COLLIER COUNTY AND THE DIAMOND LAKE
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Page 136
CONDOMINIUM ASSOCIATION, INC. FOR LANDSCAPE,
IRRIGATION AND LIGHTING IMPROVEMENTS WITHIN THE
PIPER BOULEVARD RIGHT-OF-WAY – ALLOWING FOR
INSTALLATION AND MAINTENANCE OF LANDSCAPE
LIGHTING (LIGHTING FOR THE TREES) WITHIN THE PIPER
BOULEVARD RIGHT-OF-WAY
Item #16A19
RESOLUTION 2018-65: A LOCAL AGENCY PROGRAM
SUPPLEMENTAL AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) WHEREBY
COLLIER COUNTY WILL BE REIMBURSED UP TO $1,402,763
FOR CONSTRUCTION AND CONSTRUCTION ENGINEERING
INSPECTION SERVICES FOR INTERSECTION
IMPROVEMENTS ON PINE RIDGE ROAD AT AIRPORT ROAD
AND LOGAN BOULEVARD, AND AUTHORIZE ANY BUDGET
AMENDMENTS
Item #16A20
A SETTLEMENT AGREEMENT WITH ARROWHEAD
RESERVE AT LAKE TRAFFORD PROPERTY OWNERS
ASSOCIATION, INC. TO RELEASE A PARCEL REQUIRED FOR
THE IMMOKALEE STORMWATER IMPROVEMENT
PROGRAM FROM ITS DECLARATION IN THE AMOUNT OF
$135,832 (PROJECT NO. 60143) – FOLIO #22430001026
Item #16A21 (Commissioner Solis abstained from voting)
APPROVAL OF THE RANKED LIST OF DESIGNED
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PROFESSIONALS PURSUANT TO RPS NO. 18-7245,
“PROFESSIONAL SERVICES FOR COLLIER COUNTY
COMPREHENSIVE WATERSHED IMPROVEMENT PLAN,”
AUTHORIZE STAFF TO NEGOTIATE A CONTRACT WITH
THE TOP RANKED FIRM TAYLOR ENGINEERING, FOR
SUBSEQUENT BOARD APPROVAL, OR IF CONTRACT
NEGOTIATIONS ARE UNSUCCESSFUL TO AUTHORIZE
STAFF TO COMMENCE CONTRACT NEGOTIATIONS WITH
THE SECOND RANKED PROPOSER, ICF, INC. – AS DETAILED
IN THE EXECUTIVE SUMMARY
Item #16A22
APPROVAL OF PHASE I OF THE GRIFFIN ROAD AREA
STORMWATER MANAGEMENT IMPROVEMENT PROJECT,
TO BE SUBMITTED TO THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT (SFWMD) BIG CYPRESS BASIN
LOCAL PARTNERSHIP GRANTS PROGRAM FOR FY2019 -
PROJECT LOCATION IS SOUTH OF US-41 AND INCLUDES
PROPERTIES ON BOTH THE EAST AND WEST SIDES OF
BAREFOOT-WILLIAMS ROAD
Item #16A23 (Clarification to Language in Executive Summary per
Agenda Change Sheet)
RECORDING THE FINAL PLAT OF CITY GATE COMMERCE
CENTER PHASE THREE, (APPLICATION NUMBER
PL20170002331) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY - W/STIPULATIONS
April 10, 2018
Page 138
Item #16C1
A SOLE SOURCE PURCHASE OF FOUR HIGH SPEED TURBO
PROCESS AIR BLOWERS FOR THE SOUTH COUNTY WATER
RECLAMATION FACILITY FROM MADER ELECTRIC
MOTORS IN THE AMOUNT OF $789,696, PROJECT NO. 70203,
AND TO AUTHORIZE THE NECESSARY BUDGET
AMENDMENT - MADER ELECTRIC MOTORS IS THE SALES
REPRESENTATIVE FOR HYDRA SOLUTIONS, INC.
Item #16C2
A SINGLE-SOURCE WAIVER FOR A PERIOD OF TWO YEARS
FOR THE PURCHASE OF EQUIPMENT, REPAIR KITS, PARTS
AND RELATED MATERIALS FROM ENDRESS+HAUSER AND
PROMINENT FLUID CONTROLS, INC. THROUGH TRINOVA,
INC.
Item #16C3
THIRD AMENDMENT TO LEASE AGREEMENT WITH DROP
ANCHOR MOBILE HOMEOWNERS ASSOCIATION, INC. TO
ALLOW REPLACEMENT OF UP TO NINE MOBILE HOMES
CURRENTLY LOCATED WITHIN A NARROW STRIP OF
RIGHT-OF-WAY ALONG PAPAYA STREET IN GOODLAND,
FLORIDA, RESULTING FROM DAMAGE INCURRED DURING
HURRICANE IRMA OR OTHER CONDITIONS OR
CIRCUMSTANCES BEYOND THE REASONABLE CONTROL
OF THE OWNER
April 10, 2018
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Item #16C4
FIRST AMENDMENT TO LEASE AGREEMENT WITH
PATRIOT PLACE TRUST REGARDING THE SHERIFF’S
OFFICE SUBSTATION #5 CLARIFYING THE INTENT OF THE
PARTIES RELATIVE TO WATER AND SEWER UTILITY
PAYMENTS – LOCATED ON TAMIAMI TRAIL EAST, JUST
EAST OF COLLIER BLVD
Item #16C5
PAYMENT OF $475,793.27 TO ASHBRITT ENVIRONMENTAL
FOR MOBILIZATION/DEMOBILIZATION OF GENERATORS,
200 KW GENERATOR RENTAL, PORTABLE HAND WASH
STATIONS, PORTABLE TOILETS AND A MOBILE SHOWER
DURING THE HURRICANE IRMA STORM RECOVERY
MISSION
Item #16C6
APPROVAL OF A $527,994 WORK ORDER UNDER REQUEST
FOR QUOTATION #14-6213-111 TO DOUGLAS N. HIGGINS,
INC., UNDER PROJECT NUMBER 70208, “PS 302.07 GRAVITY
SEWER,” AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENT - ELIMINATING THE PUMP STATION BY
INSTALLING A MANHOLE AND GRAVITY SEWER LINE
WITHIN THE VALLEY STREAM AND DORAL SUBDIVISIONS
Item #16D1
RATIFYING FEE WAIVERS GRANTED BY THE DIRECTOR OF
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Page 140
DOMESTIC ANIMAL SERVICES (DAS) FOR THE PERIOD OF
OCTOBER 1, 2017 THROUGH DECEMBER 31, 2017, IN
ACCORDANCE WITH THE PROCESS ESTABLISHED BY
RESOLUTION NO. 2016-125 IN THE AMOUNT OF $565 –
WAIVING SURRENDER AND BOARDING FEES FOR 10
ANIMALS
Item #16D2
THIRD EXTENSION OF THE INTERIM MANAGEMENT PLAN
FOR THE CONSERVATION COLLIER MCILVANE MARSH
PROPERTIES – CHANGES INCLUDE UPDATED PROPERTY
STATUS INFORMATION AND MINOR REVISIONS TO DATES
AND TEXT, NO SUBSTANIAL CHANGES HAVE BEEN MADE
Item #16D3
THIRD EXTENSION OF THE INTERIM MANAGEMENT PLAN
FOR THE CONSERVATION COLLIER RED MAPLE SWAMP
PRESERVE – CHANGES INCLUDE UPDATED MAPS,
PROPERTY STATUS INFORMATION, AN ADDITION TO THE
EXOTIC PLANT LIST AND NOW INCLUDES TREATMENT
AND FOLLOW-UP TREATMENT WITHIN THE CONTIGUOUS
EASTERN 39.3 ACRES AND AREAS OF HIGH-DENSITY
CLIMBING FERN INFESTATIONS
Item #16D4
APPROVAL OF THE FIVE (5) YEAR UPDATE OF THE FINAL
MANAGEMENT PLAN FOR THE CONSERVATION COLLIER
SHELL ISLAND PRESERVE - UPDATES INCLUDE A DIVISION
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CHANGE FROM FACILITIES MANAGEMENT TO PARKS AND
RECREATION, ADDITIONS TO THE EXOTIC PLANT LIST,
REDUCTION OF EXOTIC PLANT TREATMENTS FROM
ANNUAL TO EVERY TWO (2) YEARS AND REVISES THE
MANAGEMENT BUDGET TO SHOW FUTURE PLANNED
COSTS
Item #16D5
SECOND EXTENSION OF THE INTERIM MANAGEMENT
PLAN FOR THE CONSERVATION COLLIER CAMP KEAIS
STRAND PARCELS – FOR MINOR REVISIONS TO DATES
AND TEXT, NO SUBSTANTIAL CHANGES MADE
Item #16D6
AN AGREEMENT TO PURCHASE VENDED MEALS FROM
ANOTHER STATE-APPROVED PROGRAM SPONSOR WITH
THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY
(SCHOOL BOARD) TO SPONSOR AND OPERATE THE 2018
SUMMER FOOD SERVICE PROGRAM (SFSP) AT
DESIGNATED RECREATION CAMPS WITH UNITIZED MEALS
PROVIDED BY THE SCHOOL BOARD AND AUTHORIZE ALL
NECESSARY BUDGET AMENDMENTS. (TOTAL
ANTICIPATED FISCAL IMPACT $141,471.83 WITH A
FEDERAL SHARE OF $113,321.83 AND A LOCAL MATCH OF
$28,150)
Item #16D7
AMENDMENT #1 TO CONTRACT #15-6424 MANAGEMENT
April 10, 2018
Page 142
SERVICES CONTRACT FOR THE COLLIER AREA TRANSIT
(CAT) FIXED ROUTE AND PARATRANSIT PROGRAM
BETWEEN MEDICAL TRANSPORTATION MANAGEMENT,
INC., DBA SOUTHEAST MTM, INC., TO UPDATE STAFFING
REQUIREMENTS, PERFORMANCE STANDARDS, AND
LIQUIDATED DAMAGES CRITERIA
Item #16E1
RENEWING THE CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY FOR A CLASS 1 AND CLASS 2 ADVANCED
LIFE SERVICE (ALS) RESCUE AND INTRA-FACILITY
AMBULANCE TRANSPORT FOR THE SEMINOLE TRIBE OF
FLORIDA FIRE RESCUE WITHIN THE BOUNDARY OF THE
SEMINOLE TRIBE IN IMMOKALEE
Item #16E2
APPROVAL OF THE ADMINISTRATIVE REPORTS PREPARED
BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE
ORDERS AND OTHER CONTRACTUAL MODIFICATIONS
REQUIRING BOARD APPROVAL – THE REPORT COVERS
TWO CHANGE ORDERS THAT MODIFY CONTRACTS AND
ONE AFTER-THE-FACT MEMO, WITH A NET TOTAL FOR
ALL THREE OF $1,258.82
Item #16E3
SELECTION OF ARTHUR BOOKBINDER AND DAVID
WEIGEL AS CO-RECIPIENTS OF THE 2018 “AGAINST ALL
ODDS” AWARD, AND TO PRESENT THE AWARD AT A
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Page 143
FUTURE BOARD OF COUNTY COMMISSIONERS MEETING
Item #16E4
A SINGLE SOURCE WAIVER TO VIC'S BOOT AND SHOE
(DBA-RED WING SHOE STORE) FOR THE PURCHASE OF
PROTECTIVE FOOTWEAR
Item #16F1
APPROVAL OF TOURIST DEVELOPMENT TAX PROMOTION
FUNDING TO SUPPORT THE UPCOMING MAY 2018 SPORTS
EVENTS UP TO $13,175 AND MAKE A FINDING THAT THESE
EXPENDITURES PROMOTE TOURISM – FOR THE
SWEETBAY MEMORIAL CLASSIC BEING HELD MAY 26-28
AND THE ITF USTA WOMEN’S PRO CIRCUIT TAKING PLACE
MAY 26TH THROUGH JUNE 2ND
Item #16F2 (Moved to Item #11D per Agenda Change Sheet)
Item #16J1
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN MARCH 15 AND MARCH 28,
2018 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J2
April 10, 2018
Page 144
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF APRIL 4, 2018 – AS DETAILED
IN THE EXECUTIVE SUMMARY
Item #16K1
A JOINT MOTION AND STIPULATED FINAL JUDGMENT IN
THE AMOUNT OF $111,470 FOR PARCEL 446RDUE, AND
$15,000 FOR PARCEL 448RDUE, IN THE LAWSUIT
CAPTIONED COLLIER COUNTY V. DAVID MARTINEZ, ET
AL, CASE NO. 17-CA-1454, REQUIRED FOR THE GOLDEN
GATE BOULEVARD EXPANSION PROJECT NO. 60145.
(FISCAL IMPACT: $96,450)
Item #16K2
A JOINT MOTION AND STIPULATED FINAL JUDGMENT IN
THE AMOUNT OF $1,950 FOR PARCEL 435RDUE, IN THE
LAWSUIT CAPTIONED COLLIER COUNTY V. KINH THI
PHAM, ET AL, CASE NO. 17-CA-1473, REQUIRED FOR THE
GOLDEN GATE BOULEVARD EXPANSION PROJECT NO.
60145. (FISCAL IMPACT: $1,250)
Item #16K3
A JOINT MOTION AND STIPULATED FINAL JUDGMENT IN
THE AMOUNT OF $8,700 FOR PARCEL 454RDUE, IN THE
LAWSUIT CAPTIONED COLLIER COUNTY V. ALEX D.
RANDOLPH, ET AL, CASE NO. 17-CA- 1472, REQUIRED FOR
THE GOLDEN GATE BOULEVARD EXPANSION PROJECT NO.
April 10, 2018
Page 145
60145. (FISCAL IMPACT: $4,500)
Item #16K4
A JOINT MOTION AND STIPULATED FINAL JUDGMENT IN
THE AMOUNT OF $12,000 FOR PARCEL 422RDUE, IN THE
LAWSUIT CAPTIONED COLLIER COUNTY V. JULIO
ALFONSO VILTRES, ET AL, CASE NO. 17-CA- 1453,
REQUIRED FOR THE GOLDEN GATE BOULEVARD
EXPANSION PROJECT NO. 60145. (FISCAL IMPACT: $10,400)
Item #16K5
A MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT
OF $105,000 FOR FULL COMPENSATION FOR THE TAKING
OF PARCEL 370RDUE, PLUS $18,000 FOR STATUTORY
ATTORNEY FEES, AND $15,955 FOR EXPERT FEES AND
COSTS, IN THE CASE STYLED COLLIER COUNTY V. STEVEN
A. EDWARDS, ET AL., CASE NO. 16-CA-1327 REQUIRED FOR
IMPROVEMENTS TO GOLDEN GATE BLVD. (PROJECT NO.
60145). [FISCAL IMPACT: $83,955, PLUS APPROXIMATELY
$10,000 FOR DRIVEWAY AND CULVERT CONSTRUCTION.]
Item #16K6
THE BOARD (1) DIRECT THE BAYSHORE CRA ADVISORY
BOARD NOT TO PROCESS ANY APPLICATIONS REGARDING
MURALS IN THE BAYSHORE GATEWAY TRIANGLE
REDEVELOPMENT AREA; AND (2) DIRECT CODE
ENFORCEMENT TO STAY ALL CURRENT CODE
ENFORCEMENT PROCEEDINGS RELATED TO MURALS IN
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THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT
AREA, TO ALLOW STAFF, WORKING WITH THE BAYSHORE
CRA ADVISORY BOARD, TO REVIEW THE ISSUE OF
MURALS IN THE BAYSHORE GATEWAY TRIANGLE
REDEVELOPMENT AREA, AND FOLLOWING SUCH REVIEW,
TO BRING BACK RECOMMENDATIONS TO THE BOARD,
INCLUDING BUT NOT LIMITED TO A WRITTEN
APPLICATION AND REVIEW PROCESS FOR THE APPROVAL
OF MURALS, AND WHETHER LDC SECTION 4.02.16H,
WHICH RELATES TO MURALS WITHIN THIS DISTRICT,
SHOULD BE AMENDED
Item #16K7
RESOLUTION 2018-66: APPOINTING RONALD KEZESKE TO
THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE
Item #16K8
RESOLUTION 2018-67: APPOINTING DANIEL DOPKO TO THE
RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE
Item #16K9
RESOLUTION 2018-68: RE-APPOINTING MARIANNE
FANNING AND RICHARD BARRY TO THE FOREST LAKES
ROADWAY & DRAINAGE ADVISORY COMMITTEE
Item #16K10
RESOLUTION 2018-69: APPOINTING SARAH BAECKLER
April 10, 2018
Page 147
DAVIS (HUMANE SOCIETY), DANIEL RHEAUME (AT
LARGE) AND MARY BAKER (PET RETAIL) TO THE ANIMAL
SERVICES ADVISORY BOARD
Item #16K11
RESOLUTION 2018-70: RE-APPOINTING EDWARD “SKI”
OLESKY AND SUSAN BECKER TO THE TOURIST
DEVELOPMENT COUNCIL
Item #17A
ORDINANCE 2018-14: AMENDING ORDINANCE NUMBER 04-
20, AS AMENDED, THE CALUSA ISLAND VILLAGE
PLANNED UNIT DEVELOPMENT (PUD), TO ALLOW UP TO
TWO SINGLE-FAMILY DWELLING UNITS AS AN
ALTERNATIVE TO COMMERCIAL AND MULTI-FAMILY
DEVELOPMENT IN THE COMMERCIAL/MIXED USE AREA
OF THE PUD; AND PROVIDING FOR AN EFFECTIVE DATE,
FOR PROPERTY LOCATED ON THE SOUTH SIDE OF
GOODLAND DRIVE (C.R. 892), APPROXIMATELY ONE HALF
MILE SOUTH OF SAN MARCO ROAD (C.R. 92), IN SECTION
18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA [PUDA-PL20160000087]
Item #17B (Moved to Item #9B per Commissioner Taylor during
Agenda Changes)
Item #17C
ORDINANCE NOT ASSIGNED (FIRST READING PER CAO):
April 10, 2018
Page 148
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO
THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: CHAPTER ONE – GENERAL
PROVISIONS; CHAPTER TWO – ZONING DISTRICTS AND
USES; CHAPTER THREE – RESOURCE PROTECTION;
CHAPTER FOUR – SITE DESIGN AND DEVELOPMENT
STANDARDS; CHAPTER SIX – INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES
REQUIREMENTS; CHAPTER NINE – VARIATIONS FROM
CODE REQUIREMENTS; CHAPTER TEN – APPLICATION,
REVIEW, AND DECISION-MAKING PROCEDURES; SECTION
FOUR, ADOPTION OF AMENDMENTS TO THE COLLIER
COUNTY OFFICIAL ZONING ATLAS, MORE SPECIFICALLY
AMENDING THE FOLLOWING: ZONING MAP NUMBERS
522930, 2033N, 2033S, 2034N, 2034S TO REMOVE THE ACSC
DESIGNATION FOR CONSISTENCY WITH THE GROWTH
MANAGEMENT PLAN; SECTION FIVE, CONFLICT AND
SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION
SEVEN, EFFECTIVE DATE
*****
April 10, 2018
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:18 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
ANDY SOLIS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
..
Attest as to lag an's
signature of
These minutes appro by the Board on c� I t , as
presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 149
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 Lf COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
April 10, 2018 uf 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(CRAB) 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
l Andrew I. Solis , hereby disclose that on April 10 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 April 10, 2018, the Board of County Commissioners will consider Agenda Item 16A5, Recommendation to
approve final acceptance of the potable water and sewer facilities for LaMorada Amenity Center, accept
unconditional conveyance of a portion of the sewer facilities, and to authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS)and Final Obligation Bond in the total amount of
$18,696.17.
The owner of LaMorada Amenity Center, WCI Communities, LLC, is a client of my law firm and in an abundance
of caution, I will abstain from voting pursuant to Section 286.012, Fla. Stat., to avoid any perceived prejudice or
bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
April 10, 2018ALAA
Date Filed Signature
111
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis,Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY gCOUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED
April 10, 2018 MY POSITION IS:
ELECTIVE U 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(CRAB)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis hereby disclose that on April 10 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 April 10, 2018, the Board of County Commissioners will consider Agenda Item 16A6, Recommendation to
approve final acceptance of the potable water and sewer utility facilities for Community School of Naples, and to
authorize the County Manager, or his designee, to release the Utilities Performance Security(UPS)and Final
Obligation Bond in the total amount of$13,905.50.
The Community School of Naples 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 • the interest in such a way
as to provide the public with notice of the conflict.
April 10, 2018 •
Date Filed Signatu' fp
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis,Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Suite 300 WHICH I SERVE IS A UNIT OF:
CITY COUNTY ❑CITY a1COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED
April 10, 2018 MY POSITION IS:
Gf ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis , hereby disclose that on April 10 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 April 10, 2018, the Board of County Commissioners will consider Agenda Item 16A21, Recommendation to
approve the ranked list of designed professionals pursuant to RPS No. 18-7245, "Professional Services for
Collier County Comprehensive Watershed Improvement Plan,"authorize staff to negotiate a contract with the top
ranked firm Taylor Engineering, for subsequent Board approval, or if contract negotiations are unsuccessful to
authorize staff to commence contract negotiations with the second ranked proposer, ICF, Inc.
Taylor Engineering is a client of my law firm and in an abundance of caution, I will abstain from voting pursuant to
Section 286.012, Fla. Stat., to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
April 10, 2018 ` ni0
Date Filed SignatuFr r
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.