BCC Minutes 04/24/2018 RApril 24, 2018
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 24, 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 24, 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 24, 2018
9:00 AM
Commissioner Andy Solis, District 2 - BCC Chair
Commissioner William L. McDaniel, Jr., Dist. 5 - BCC Vice-Chair; CRAB Co-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Burt Saunders, District 3
Commissioner Penny Taylor, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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April 24, 2018
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Edward Gleason of Trinity By The Cove Episcopal Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. March 27, 2018 BCC Meeting Minutes
C. April 3, 2018 BCC/CRA Workshop Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
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April 24, 2018
B. ADVISORY BOARD MEMBERS
C. RETIREES
4. PROCLAMATIONS
A. Proclamation designating Saturday, April 28, 2018 as Tamiami Trail Day in
Collier County. To be accepted by Patricia Huff, President of the Friends of
the Museum of the Everglades.
B. Proclamation designating May 2018 as Military Appreciation Month in
Collier County. To be accepted by representatives of the military.
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public Petition request from Ave Maria Development, LLLP, (Richard D.
Yovanovich representing Barron Collier Companies), requesting that the
Board of County Commissioners discuss the Town of Ave Maria
commitment to provide a public facility site for Fire, Sheriff, EMS and
County facilities.
B. Public Petition request from Ms. Marlene Sherman requesting that the Board
of County Commissioners "sunset" the Radio Road Beautification MSTU
(Ordinance 96-84) and related ordinances.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. 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 of the
Board of County Commissioners of Collier County, Florida amending
Ordinance Number 2006-50, the Creekside Commerce Park Commercial
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April 24, 2018
Planned Unit Development (CPUD), as amended, by adding outdoor
recreation facilities as a general permitted use; by providing that wellness
centers associated with employees and hotel guests shall not count towards
square footage maximums in the business district and industrial commercial
district; by allowing a 169 room hotel on Tract 6 west of Goodlette Frank
Road; by decreasing the allowable square footage in the industrial
commercial district by 6,900 square feet for a total of 709,100 square feet of
floor area of industrial/commerce uses; by decreasing the allowable square
footage in the business district by 23,000 square feet to 269,000 square feet
including a reduction from 242,000 square feet to 219,000 square feet of
office uses; by adding indoor and outdoor recreational facilities as a
permitted accessory use in the business district and industrial commercial
district; by adding deviations to allow any use on Tracts 3 and 6 on the
master plan to be eligible for the county’s architectural deviation process and
a deviation to permit existing street trees to satisfy the buffer tree
requirements for Tract 5. The subject property is located south of Immokalee
Road and both east and west of Goodlette Frank Road in Section 27,
Township 48 South, Range 25 East, Collier County, Florida, consisting of
106 acres; and by providing an effective date. [PL20170000425]
B. 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 81-6, as amended, the Marco Shores Golf
Course Community Planned Unit Development (PUD), to allow group
housing for seniors on Residential Parcel Two A, and to add new
development standards for Residential Parcel Two A; and providing for an
effective date, for property located near the Marco Island Executive Airport
in Section 26, Township 51 South, Range 26 East, Collier County, Florida.
[PUDA- PL20170001345]
C. This item was continued from the April 10, 2018 BCC meeting.
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.
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10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. This item to be heard immediately following Item #9C. This Item was
continued from the April 10, 2018 BCC Meeting. Recommendation to
authorize staff to continue implementation of the Community Housing Plan
(CHP) by performing the following: (1) direct the County Attorney to
advertise an amendment to Chapter 74 of the Collier County Code of Laws
and Ordinances related to Impact Fee Deferrals; (2) approve a resolution to
supercede 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 an affordable housing plan including
marketing, public relations, and communications. (Total Fiscal impact:
$245,000 over two (2) years) (Cormac Giblin, Grants and Housing
Development Manager; Community and Human Services Division)
B. Recommendation to review the Ninth Conservation Collier Active
Acquisition List and consider its potential impact on program finances, to
provide direction to the County Manager or his designee after reviewing the
staff presentation on the A- Category list, and to provide direction on future
cycles. (Alexandra Sulecki, Coordinator, Conservation Collier Program)
C. This item was continued from the March 27, 2018 meeting.
Recommendation to reestablish the “Tickets to Ride” Program and authorize
staff to develop a standard use agreement to be made available to all willing
vendors for Collier County citizens recreational amenities for All-Terrain
Vehicle (ATV) use in Southwest Florida at a cost not to exceed $20,000
annually and suspend site evaluations. (Barry Williams, Division Director,
Parks and Recreation Division)
D. Recommendation to accept the US41 Corridor Study as a supplemental
planning tool, and direct staff to begin the implementation of the
informational and short term recommendations, and prepare follow-up items
with a more detailed plan for the long term recommendations for future
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Board direction. (Mike Bosi, Director, Zoning Division)
E. Recommendation to award ITB No. 18-7276 Collier County Landscape
Beautification Master Plan “Immokalee Road (Collier Boulevard to Wilson
Boulevard) Landscape and Irrigation Installation” to Hannula Landscaping
and Irrigation, Inc. for $1,512,274.87 (Project No. 60208). (Joe Delate,
Principal Project Manager, Road Maintenance Division)
12. COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board consider an ordinance amending the
Board’s general Advisory Board Ordinance to institute term limits on
advisory boards.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Proposed BCC 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) Recommendation to approve a resolution amending Ordinance No.
2004-66, as amended, that created an Administrative Code for Land
Development, by amending Chapter Two, Legislative Procedures,
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more specifically to amend Section B, Land Development Code
Amendment - Privately Initiated Text Amendments, to modify
application procedures for privately initiated land development code
amendments; and providing an effective date.
2) Recommendation to approve a no cost First Amendment to the
Interlocal Agreement between the City of Naples and Collier County
clarifying post-design duties and responsibilities of the parties for the
remaining phases of the joint storm water and sanitary sewer project
located between Goodlette-Frank Road and US-41. (Project No.
60142)
3) Recommendation to accept a Grant Award from the US Department
of Treasury under the RESTORE Direct Component (Pot 1) for the
preliminary development, design and permitting of the Collier County
Comprehensive Watershed Improvement Plan in the amount of
$1,532,077.76 and authorize necessary budget amendment (Project
No 33554).
4) Recommendation to grant final acceptance of the private roadway and
drainage improvements for the final plat of Orange Blossom Ranch
Phase 1A, Application Number AR-7186 with the roadway and
drainage improvements being privately maintained; acceptance of the
plat dedications, and authorizing the release of the maintenance
security.
5) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Artesia
Naples Phase 3B, PL20150002359 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.
6) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Talis Park Golf Course
Plat, Application Number PL20170004281.
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7) Recommendation to award contracts to Assurance Title Agency, LLC
and American Government Services Corporation, under RFP #17-
7200, “Real Estate Title & Closing Services.”
8) Recommendation to approve the partial release of a code enforcement
lien with an accrued value of $687,572.47 for payment of $3,822.47
in the code enforcement actions entitled Board of County
Commissioners v. Tarpon IV LLC, Special Magistrate Case No.
CEPM201000018647 relating to property, Folio No. 39773480009,
Collier County, Florida.
9) 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 Esplanade at Hacienda Lakes
Phase 3, (Application Number PL20170004477) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
10) Recommendation to award Bid #18-7267 to Coastal Concrete
Products, LLC, for the construction of Lely Branch Canal Weir
Project, in the amount of $ 444,380, Project No. 60202, authorize the
Chairman to execute the Contract, and authorize the necessary budget
amendments.
11) Recommendation to approve Change Order No. 2 to Contract No. 14-
6296 in the amount of $99,771.79 with HighSpans Engineering, Inc.,
for construction engineering inspection (CEI) services for the
Chokoloskee Bridge Replacement, Project No 66066. Fiscal impact:
$99,771.79
12) Recommendation to hear Land Development Code Amendments at
two regularly scheduled daytime hearings and waive the nighttime
hearing requirement.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
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April 24, 2018
1) Recommendation to award Bid #18-7235, “HVAC Preventative
Maintenance and Repair Services” to Primary and Secondary
Contractors; B&I Contractors, Inc. (primary) and Tampa Bay Trane
Service, Inc. (secondary) for County-wide HVAC preventative
maintenance and repair services for anticipated annual services in the
estimated amount of $800,000.
2) Recommendation to award Bid #17-7174, “Sale of Recycled
Materials,” to Garden Street Iron & Metal Inc. and A&D Scrap
Material Inc.
3) Recommendation to approve the First Amendment to Agreement #17-
7156 and authorize a Sole-Source Waiver for a period of three years
for the purchase of Bioxide Plus 71, Aktivox and VX456 from
Evoqua Water Technologies LLC for use by the Public Utilities
Department Wastewater Division.
4) Recommendation to approve a First Amendment to Lease with Naples
HMA, LLC, d/b/a Physicians Regional Medical Center - Collier, to
extend the lease term for spaced utilized by EMS as a temporary
station house.
5) Recommendation to approve the conveyance of an Easement to
Florida Power & Light Co. to supply power to new Master Pump
Station No. 167.00 including a three phase transformer, a buried
power line, and to provide additional power systems as needed on
County-owned property at 15430 Collier Blvd., adjacent to Heritage
Bay Commons.
6) Recommendation to approve a Certification of Financial
Responsibility, as required by the Florida Department of
Environmental Protection, for the transfer of the operating permit for
the deep injection well system for the Golden Gate Water and
Wastewater Treatment Plants.
7) Recommendation to approve and authorize the Chairman to execute a
Sixth Amendment to Contract No. 04-3673 with Carollo Engineers,
Inc., f/k/a Carollo Engineers, P.C., pertaining to the design of the
Northeast Water Reclamation Facility and Water Treatment Plant,
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authorize a purchase order in the amount of $149,943 to Carollo
Engineers, Inc. and authorize the necessary budget amendments.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve Budget Amendments in the amount of
$20,526.23 due to a reduction in available program funds from the
U.S. Department of Housing and Urban Development (HUD) Shelter
Plus Care (S+C) Grant (net Fiscal impact of $20,526.23).
2) Recommendation to approve an Agreement for Sale and Purchase
with Dalton Mejia, for 1.14 acres under the Conservation Collier Land
Acquisition Program at a cost not to exceed $14,800.
3) Recommendation for after-the-fact approval of an electronically
submitted application for Corporation for National and Community
Services (CNCS) Retired Senior Volunteer Program (RSVP) 2018-
2021 Renewal Grant in the amount of $163,566 to the CNCS and
allow the County Manager or his designee to serve as the authorized
representative for the grantor electronic system eGrants throughout
the grant period.
4) Recommendation to approve and authorize the Chair to execute
Amendment No. 2 to the Parks and Recreation Outsourcing of County
Marinas Agreement No. 12-5914R to allow other County
Departments/Divisions the use of boat docks exempt from the Lease
Agreement Requirements of the Agreement.
5) Recommendation to approve the execution of the 2017/2018 Federal
Highway Administration Flexible Funds grant award in the amount of
$274,000 for the purchase and installation of additional bus shelters
through the Federal Transit Administration (FTA) Transit Award
Management System (TrAMS) and authorize the necessary Budget
Amendment.
6) Recommendation to approve the selection committee rankings and to
authorize entering into contract negotiations for Request for
Professional Services (RPS) #17-7249, “Domestic Animal Services
Building Design Renovation” (Project #50145), with the top-ranked
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April 24, 2018
firm, ADG Architecture.
7) Recommendation to authorize Budget Amendments for client’s co-
payments in the amount of $10,505 for the Community Care for the
Elderly (CCE) and Alzheimer’s Disease Initiative (ADI) Grants for
Collier County Services for Seniors (CCSS) Program from the Area
Agency on Aging of Southwest Florida, Inc. (AAA).
8) Recommendation to approve ten (10) mortgage satisfactions for the
State Housing Initiatives Partnership (SHIP) Loan Program in the
combined amount of $80,197.71.
9) Recommendation to approve a Cooperative Agreement #18-7331-PB
with Creative Bus Sales, Inc., for the purchase of two (2) trolleys
using the Lee County Public Transit Trolleys Request for Proposals
(RFP) #170058LAC for the Collier Area Transit (CAT) System and
execute the Agreement and Notice of Assignment of Option.
10) Recommendation to accept a revised FY17-18 Federal Transit
Administration (FTA) Section 5310 Grant Award in the amount of
$10,977, authorize the necessary Budget Amendments and approve
the purchase of four (4) paratransit vehicles and radios using those
funds.
11) Recommendation to approve an Agreement for Sale and Purchase
with Charles Rock and Anne Gendregske at a cost not to exceed
$171,300 to purchase the property at 135 Capri Boulevard, adjacent to
the Isles of Capri Neighborhood Park for additional parking, and
authorize the Chairman to sign the Agreement for Sale and Purchase
and staff to take all necessary actions to close and authorize staff to
continue negotiations on 145 Capri Boulevard.
12) Recommendation to authorize the execution of the 2017/2018 Federal
Highway Administration Flexible Funds grant award in the amount of
$316,250 for the purchase and installation of live camera feeds on
transit vehicles and onboard WiFi through the Federal Transit
Administration (FTA) Transit Award Management System (TrAMS)
and authorize a Budget Amendment.
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E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve Amendment No. 13 to the Agreement
with Collier County District School Board for the Driver Education
Program.
2) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement.
3) Recommendation to recognize accrued interest from the period of
October 2017 through December 2017 earned by EMS County Grant
and appropriate funds for a total amount of $294.55.
4) Recommendation to approve the addition of one (1) classification, the
reclassification of three (3) classifications, and the removal of two (2)
classifications to the 2018 Fiscal Year Pay & Classification Plan made
from January 1, 2018 to March 31, 2018.
5) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
6) Recommendation to approve expenditures for Temporary Clerical
Services from Balanced Professional Staffing, Inc. above the
competitive threshold, and authorize purchase orders from multiple
County Divisions.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively.
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2017-18 Adopted Budget.
3) Recommendation to authorize Payment of Invoices #2935273 and
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#2961165 to Trimark Strategic Equipment LLC totaling $223,960 for
commercial kitchen equipment and installation services for the Florida
Culinary Accelerator @ Immokalee.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating May 2018 as Older Americans Month in
Collier County. This proclamation will be sent by mail to Kirsten
O'Donnell, Director of Communications - Area Agency on Aging for
Southwest Florida.
2) Proclamation designating May 3, 2018 as National Day of Prayer in
Collier County. The proclamation will be read at ceremonies being
held on May 3rd at locations in Collier County.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence
J. OTHER CONSTITUTIONAL OFFICERS
1) To provide the Board of County Commissioners the Clerk of the
Circuit Court’s Internal Audit Report 2018-3 Job Creation Investment
Program: Arthrex and Arthrex Manufacturing, issued on, April 24,
2018.
2) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between March 29 and April 11, 2018 pursuant to Florida
Statute 136.06.
3) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of April 18,
2018.
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April 24, 2018
K. COUNTY ATTORNEY
1) Recommendation to approve a Joint Motion and Stipulated Final
Judgment in the amount of $38,500 for Parcel 455RDUE, 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: $32,940)
2) Recommendation to approve a Joint Motion and Stipulated Final
Judgment in the amount of $19,000 for Parcel 453RDUE, 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: $13,370)
3) Recommendation to approve a Mediated Settlement Agreement for
the total amount of $132,750 for the taking of Parcel 426RDUE in the
pending case styled Collier County v. Leondese Bichotte et al, Case
No. 17-CA-1443, required for the Golden Gate Boulevard Project,
Project No. 60145 (From Everglades Blvd to east of the Faka Union
Canal). (Fiscal Impact: $47,250)
4) Recommendation to approve a Mediated Settlement Agreement in the
amount of $27,000 for full compensation for the taking of Parcel
413RDUE, plus $7,913.40 for statutory attorney fees, and $4,500 for
expert fees and costs, in the case styled Collier County v. Lourdes
Perez Bello, et al., Case No. 17-CA-1390 required for improvements
to Golden Gate Blvd. (Project No. 60145). [Fiscal Impact:
$36,463.40]
5) Recommendation to approve two Mediated Settlement Agreements in
the total amount of $202,052 for full compensation for the taking of
Parcels 314RDUE and 325RDUE, including statutory attorney fees,
and expert fees and costs, in the case styled Collier County v. CKC
Property Holdings, LLC, et al., Case No. 16-CA-1242 required for
improvements to Golden Gate Blvd. (Project No. 60145). [Fiscal
Impact: $90,622]
6) Recommendation to appoint a member to the Contractors Licensing
Board.
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April 24, 2018
7) Recommendation to reappoint two members to the Public Transit
Advisory Committee.
8) Recommendation to reappoint two members and reclassify one
member of the Bayshore/Gateway Triangle Local Redevelopment
Advisory Board.
9) Request by the Collier County Health Facilities Authority for
approval of a resolution authorizing the Authority to issue revenue
bonds for healthcare facilities at Moorings Park and Moorings Park at
Grey Oaks.
10) Request by the Collier County Educational Facilities Authority for
approval of a resolution authorizing the Authority to issue revenue
bonds to be used to finance educational facilities for Ave Maria
School of Law.
11) Recommendation that the Board direct the County Attorney to
advertise an ordinance expanding the powers of the Special
Magistrate.
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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 requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 2004-41, as amended, the Collier County
Land Development Code, which established the comprehensive zoning
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April 24, 2018
regulations for the unincorporated area of Collier County, Florida, by
amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from a Rural Agricultural
zoning district to a Residential Planned Unit Development (RPUD) zoning
district for the project to be known as the Rushton Pointe RPUD, to allow
construction of a maximum of 229 residential dwelling units on property
located on the west side of Collier Boulevard, approximately two thirds of a
mile south of Immokalee Road, in Section 27, Township 48 South, Range 26
East, consisting of 38.1± acres. [PL 20150000306]
B. 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
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.
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20170001644 to disclaim, renounce and vacate the County and the public
interest in the roadway easement recorded in OR Book 2355, Page 2715 of
the Public Records of Collier County, Florida. The subject property is
located on the east side of County Barn Road, approximately one-quarter
mile south of Davis Boulevard in Section 8, Township 50 South, Range 26
East, Collier County, Florida.
D. Recommendation to adopt a resolution approving amendments
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April 24, 2018
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2017-18 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
April 24, 2018
Page 2
MR. OCHS: Mr. Chairman, you have a live mike.
Ladies and gentlemen, if you'd please take your seats.
CHAIRMAN SOLIS: Thank you. Good morning. Thank you for
being here.
We'll start this morning's Board of County Commissioner meeting
with the invocation and Pledge of Allegiance. The invocation will be
led by Reverend Edward Gleason of Trinity by the Cove Episcopal
Church. Please rise.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE GIVEN BY
REVEREND EDWARD GLEASON OF TRINITY BY THE COVE
EPISCOPAL CHURCH
REVEREND GLEASON: Let us pray.
Oh mighty God, teach our people to rely on your strength and to
accept their responsibilities to their fellow citizens; that they may elect
trustworthy leaders and to make wise decisions for the well-being of
our society; that we may serve you faithfully in our generation and
honor your holy name, and we pray you send down upon those who
hold office in this county the spirit of wisdom, charity, and justice; that
with steadfast purpose, they may faithfully serve in their offices to
promote the well-being of all people.
We offer these, our petitions, and desires, through your holy
name. Amen.
CHAIRMAN SOLIS: Commissioner Saunders, would you lead
us in the Pledge.
(The Pledge of Allegiance was recited in unison.)
Item #2A
April 24, 2018
Page 3
APPROVAL OF 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
(COMMISSIONER SOLIS ABSTAINED FROM VOTING ON
ITEMS: #16A5, #16C3 AND #16K10)
MR. OCHS: Good morning, Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners meeting of April 24th, 2018.
The first proposed change is to withdraw Item 6A. That was a
public petition. That's withdrawn at the petitioner's request.
The next proposed change is to move Item 16A12 from your
consent agenda to become Item 11F under your regular agenda. This
is a request made at commissioner -- by Commissioner Taylor.
The next proposed change is to move Item 16K11 from your
consent agenda to become Item 12B under your County Attorney's
regular agenda. That request is also made by Commissioner Taylor.
I have one agenda note this morning, Commissioners, and that is
to correct the scrivener's error on Item 16D6. The reference to the
request for professional services number was transposed. Instead of
being 17-7249, it should be 18-7249.
And then a final note that Item 11A is scheduled to be heard
immediately following Item 9C on this morning's agenda. Those are
all the changes I have, Mr. Chairman.
CHAIRMAN SOLIS: Motion to approve the agenda?
COMMISSIONER McDANIEL: So moved.
CHAIRMAN SOLIS: Oh, I'm sorry. Anything else? Any --
MR. OCHS: Ex parte.
CHAIRMAN SOLIS: Ex parte and disclosures. Commissioner
April 24, 2018
Page 4
McDaniel.
COMMISSIONER McDANIEL: Okay. Did we approve the
agenda yet or are we --
MR. OCHS: No.
COMMISSIONER McDANIEL: Not yet. I have no ex parte on
the consent agenda or summary.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I have no corrections, no
changes to the agenda, and as far as ex parte goes -- let me see what I
have on the consent or the summary. I'm sorry. It takes me a minute.
I have no disclosures on the summary agenda and none on the consent
agenda.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I have no changes or
additions to the agenda. On the Creekside Commerce Park, I've had
informal discussions and --
CHAIRMAN SOLIS: That's a public --
COMMISSIONER TAYLOR: Oh, that's coming in, all right, and
so is the Marco Shores.
So on this point, thank you very much, there's nothing -- oh, yes.
No, nothing to disclose. Thank you.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: I have no ex parte and nothing
-- no changes.
CHAIRMAN SOLIS: I have ex parte. I did receive a letter from
the Unity Church on 17D, that's it, but I do have a couple of conflicts
on 16A5, 16C3, and 16K10. I won't be voting on those matters on the
consent agenda.
COMMISSIONER FIALA: So I make a motion to approve the
agenda as amended.
COMMISSIONER SAUNDERS: Second.
April 24, 2018
Page 5
CHAIRMAN SOLIS: Second. There's a motion and a second.
All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
Proposed Agenda Changes
Board of County Commissioners Meeting
April 24, 2018
Withdraw Item 6A: Public Petition request from Ave Maria Development, LLLP, (Richard D.
Yovanovich representing Barron Collier Companies), requesting that the Board of County
Commissioners discuss the Town of Ave Maria commitment to provide a public facility site for
Fire, Sheriff, EMS and County facilities. (Petitioner’s request)
Move Item 16A12 to Item 11F: Recommendation to hear Land Development Code
Amendments at two regularly scheduled daytime hearings and waive the nighttime hearing
requirement. (Commissioner Taylor’s request)
Move Item 16K11 to Item 12B: Recommendation that the Board direct the County
Attorney to advertise an ordinance expanding the powers of the Special Magistrate.
(Commissioner Taylor’s request)
Note:
Solicitation Number on Item 16D6 marked incorrectly on Executive Summary resulting in a
Scrivener’s Error: Recommendation to approve the selection committee rankings and to
authorize entering into contract negotiations for Request for Professional Services (RPS) 17-7249
18-7249, “Domestic Animal Services Building Design Renovation” (Project 50145), with the top-
ranked firm, ADG Architecture. (Staff’s request)
Time Certain Items:
Item 11A to be heard immediately following Item 9C
5/9/2018 1:43 PM
April 24, 2018
Page 6
Item #2B and #2C
BCC MEETING MINUTES FROM MARCH 27, 2018, AND
BCC/CRA WORKSHOP MEETING MINUTES FROM APRIL 3,
2018– APPROVED AS PRESENTED
COMMISSIONER FIALA: Motion to approve the March 27th
meeting minutes and the April 3rd meeting minutes, workshop meeting
minutes.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: Motion and a second. Any discussion?
(No response.)
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.)
CHAIRMAN SOLIS: Motion carries.
MR. OCHS: Commissioners, that takes us to today's
proclamations.
Item #4
PROCLAMATIONS ONE MOTION TAKEN TO ADOPT BOTH
PROCLAMATIONS
Item #4A
April 24, 2018
Page 7
PROCLAMATION DESIGNATING SATURDAY, APRIL 28, 2018
AS TAMIAMI TRAIL DAY IN COLLIER COUNTY. ACCEPTED
BY PATRICIA HUFF, PRESIDENT OF THE FRIENDS OF THE
MUSEUM OF THE EVERGLADES – ADOPTED (READ INTO
THE RECORD BY COMMISSIONER SOLIS)
MR. OCHS: Item 4A is a proclamation designating Saturday,
April 28th, 2018, as Tamiami Trail Day in Collier County. To be
accepted by Patricia Huff, president of the Friends of the Museum of
the Everglades.
Patty, if you'd please step forward.
(Applause.)
MR. OCHS: Please step forward, receive your proclamation
from the Chairman.
COMMISSIONER FIALA: First you have to stand in front of
everybody.
MS. HUFF: Do you want me to step up there?
CHAIRMAN SOLIS: First I have to find the --
MS. HUFF: Do we have something to put on the --
MR. MILLER: Yes.
COMMISSIONER TAYLOR: Well --
CHAIRMAN SOLIS: I can't seem --
MS. HUFF: I do have a copy of the proclamation.
COMMISSIONER TAYLOR: Oh, let's read it. We have to read
it --
CHAIRMAN SOLIS: I'm sorry.
COMMISSIONER TAYLOR: -- because it's not here. So let's
read it.
MS. HUFF: This is the one that I received that I think --
CHAIRMAN SOLIS: Okay. Whereas, the Tamiami Trail was a
historic undertaking linking the East and West Coast of Florida by road
April 24, 2018
Page 8
when the only mode of transportation had been by water; and,
Whereas, the completion of the Tamiami Trail was the impetus
for the formation of Collier County by Barron Gift Collier who funded
work on the road and made the Town of Everglades his county seat as
well as the headquarters for engineering on the Trail; and,
Whereas, the Tamiami Trail across the Everglades was a
tremendous feat of engineering accomplished in primitive conditions
in the short space of only five years between 1923 and 1928; and,
Whereas, the Tamiami Trail promotes commercial and cultural
links between the Everglades City area and other parts of Florida; and,
Whereas, the Tamiami Trail Opening Ceremonies in the Town of
Everglades on April 26th, 1928, was attended by a cavalcade of
automobiles, the Tamiami Trail Tours Bus Line, and dignitaries,
including Barron Gift Collier, Fonz Hathaway -- Fonz Hathaway.
COMMISSIONER TAYLOR: The Fonz.
CHAIRMAN SOLIS: Fonz Hathaway was his name -- States
Road Department, and John W. Martin, governor of the State of
Florida.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that Saturday, April 28th,
2018, be designated as Tamiami Trail Day.
(Applause.)
COMMISSIONER FIALA: Could we have pictures?
MS. HUFF: Pictures.
COMMISSIONER TAYLOR: She's all by herself. Oh, we've got
the proclamation here.
MS. HUFF: Oh, okay. Be official.
CHAIRMAN SOLIS: Yes. There it is.
MS. HUFF: I'll say a few words.
COMMISSIONER FIALA: But in the microphone, Patty.
MS. HUFF: Yeah, I remember. Thank you.
April 24, 2018
Page 9
Well, I would just like to take a minute to thank the Collier
County Commissioners for recognizing the importance of this historic
event in our county.
It was 90 years ago this weekend that Everglades City, as the
original county seat, celebrated with a three-day event which included
dignitaries Henry Ford and Thomas Edison. Now, this year we have
Barron Collier, III, will be presenting his father's -- his grandfather's
original speech that was given at that grand opening ceremony in 1928.
We will also have John Ullman, who's with the Sierra Club,
giving a presentation at the museum, and, in addition, we have a lot of
events. Every five years the Friends of the Museum put on this big
celebration so that we have walking tours, exhibits, a grand parade,
food, music, and we will also be having an afternoon tea at the Rod &
Gun Club following the Old Timers storytelling and reenactors by the
Marco Island Historical Players.
So this is also the 95th anniversary of Collier County. And so in
five years -- mark on your calendar now. It's always the last weekend
of April every five years. So we will have our celebration of 100th
anniversary of Collier County and the 95th anniversary of the opening
of the Trail.
I hope you'll be able to join us, and thank you.
(Applause.)
COMMISSIONER FIALA: I'd just like to say it's a big day for
Everglades City, and if you want to take a trip someplace that day and
just see some really fantastic sites, go down there. We are all invited
as county commissioners. And I asked if I could speak for a minute to
apologize. It happens to be the last day of pickleball, and I've got to be
there.
MS. HUFF: I know. We have heard that pickleball is
overshadowing this event, but we can't change ours. It's the last -- it
was when it was -- the opening of the Tamiami Trail was. So it's the
April 24, 2018
Page 10
last weekend of every April, so -- every five years, so please come the
next time.
Thank you.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah.
And, County Manager -- and this is an informational piece. Does
Ron Johnson still work for us in the Tax Collector's Office, do you
recall?
MR. OCHS: I'm not sure.
COMMISSIONER McDANIEL: His daddy, Doc Johnson, was
my friend, served -- he was in the Masonic lodge with me forever and
was one of the original dragline operators when they constructed
Tamiami Trail. And so some of the stories that I heard were, as
Commissioner Taylor likes to say, off the chain.
MR. OCHS: Very nice.
Item #4B
PROCLAMATION DESIGNATING MAY 2018 AS MILITARY
APPRECIATION MONTH IN COLLIER COUNTY. ACCEPTED
BY REPRESENTATIVES OF THE MILITARY – ADOPTED
MR. OCHS: Item 4B is a proclamation designating May 2018 as
Military Appreciation Month in Collier County. To be accepted by
United States Air Force veterans Erica Florio and Irene Johnson;
United States Army veterans James Birch, Wilfredo Vasquez,
Frank Kerr, and Eddie Hartnack;
United States Marine Corps veteran Randy Cash;
United States Navy veterans James Albert and Alex Gardino; and
United States Coast Guard and Marine Corp veteran Brandon
Hurt.
April 24, 2018
Page 11
If you'd please step forward and receive your proclamation.
COMMISSIONER McDANIEL: And we'll let Mr. Cash can
correct.
(Applause.)
COMMISSIONER TAYLOR: If you would pardon me; it's a
little out of order. I just learned that John Norman passed away, and he
was the husband of the city clerk of the City of Naples for many, many
years. And Tara Norman sent me an email.
So, if we could, I just would like to have a moment of -- stand and
have a moment of silence.
(A moment of silence was observed.)
CHAIRMAN SOLIS: Thank you.
COMMISSIONER TAYLOR: Thank you, Mr. Chair.
COMMISSIONER McDANIEL: Thank you, Commissioner
Taylor. He was all of our friend.
COMMISSIONER TAYLOR: Oh.
COMMISSIONER McDANIEL: I appreciate you taking that
moment.
COMMISSIONER TAYLOR: Thank you. He was one of the
original -- well, not the original, but we worked for the newspaper for
years. He was a photographer many, many, many years ago.
COMMISSIONER FIALA: And then a radio announcer.
COMMISSIONER TAYLOR: And then he was a radio
announcer?
COMMISSIONER FIALA: Yes, right. Oh, and a good one.
And then he announced at all of the --
COMMISSIONER TAYLOR: Swamp Buggy, did -- he did
Swamp Buggy, that's right.
COMMISSIONER FIALA: Yeah, with that great voice of his.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER McDANIEL: Amazing human being.
April 24, 2018
Page 12
MR. OCHS: Mr. Chairman, if I could get a motion to approve
today's proclamations, please.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER McDANIEL: Second, third.
CHAIRMAN SOLIS: Motion and a second and a third.
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: They're approved.
MR. OCHS: Thank you, sir.
That moves us to Item 6, public petitions.
Item #6B
PUBLIC PETITION REQUEST FROM MS. MARLENE
SHERMAN REQUESTING THAT THE BOARD OF COUNTY
COMMISSIONERS "SUNSET" THE RADIO ROAD
BEAUTIFICATION MSTU (ORDINANCE 96-84) AND RELATED
ORDINANCES - DISCUSSED AND TO BE BROUGHT BACK AT
A FUTURE MEETING
MR. OCHS: 6B is a public petition request from Ms. Marlene
Sherman requesting that the Board of County Commissioners sunset
the Radio Road Beautification Municipal Service Taxing Unit and
related ordinances.
Ms. Sherman, you have up to 10 minutes to present.
April 24, 2018
Page 13
MS. SHERMAN: Morning, and thank you. My name is Marlene
Sherman, and I've been a resident of Naples for 20 years.
I'm here today recommending the sunset of the Radio Road
Beautification MSTU because the landscaping on Radio Road was
completed several years ago, and the maintenance has been transferred
to the greater Collier County MSTD, plus the two amending
ordinances were implemented without support or approval from the
6,566 property owners within the borders of this MSTU. It is also my
belief the MSTU advisory board does not provide a true representation
of the communities within the MSTU borders.
Three county ordinances make up what is known as the Radio
Road Beautification MSTU. The originating ordinance was 1996-84,
and the two amending ordinances were 2002-59 and 2013-43.
The originating ordinance established 22 years ago was in
response to numerous residents' inquiries on the need for beautifying
the medians along Radio Road between Airport-Pulling and Santa
Barbara Boulevard.
The county issued an emergency ordinance and then followed up
with a resolution which provided the 6,566 supporting property owners
with a fact sheet and a survey to determine if there was a majority
support for an MSTU. The survey results were affirmative; the county
work began.
The medians original landscaping plans were elevated to a Park 3
setting -- a Parklike 3 setting, okay. And I can attest that everyone
now loves the look of the Radio Road medians.
The county action to transfer the maintenance for Radio Road to
the Collier County Landscaping District MSTD was done a few years
ago and should have enabled the sunset of the Radio Road MSTU, as
was done with the Radio Road East MSTU.
The reason provided by the county for not sunsetting this MSTU
was the fact that there were two amending ordinances. Both amending
April 24, 2018
Page 14
ordinances were sponsored by the county's MSTU managers who had
sought and received a vote of approval from the MSTU advisory
board.
I believe the Board of County Commissioners acted in very good
faith when they established Ordinance 2002-59 and 2013-43 because
they were not provided with pertinent information which they could
have based an informed decision.
This is the information that was not provided to the Board of
County Commissioners when both amending ordinances were brought
before the Board of County Commissioners.
No neighborhood information meeting had been held prior to
bringing both requests for amending ordinances before the BCC. Both
amending ordinances not only enlarged the scope of the original
ordinance but also changed the intent of the originating ordinance.
No notification or survey was provided to the 6,566 supporting
property owners to determine if they would support changing the
intent. And at that time, the first amending ordinance in 2002, the
MSTU advisory board did not include representatives from three of the
largest communities along Radio Road; that of Countryside, Foxfire,
and Glen Eagle, and these residents within these communities
represent about half of the MSTU supporting properties.
I reviewed the March 27th, 2018, meeting minutes of the MSTU
advisory board and reviewed some of their stated projects they are
working towards, and here are some of the projects: Issuing a
solicitation for landscaping work on the Rich King Memorial
Greenway entrance; considering approval of the Collier Area Transit
request to replace 15 bus stop shelters to make them ADA compliant.
I believe neither of these requests should be funded by an MSTU; and
considering approval of a recommendation brought to them by the
MSTU project manager to remove 12 feet of existing asphalt pave way
on the greenway, bike path, instead installing 850 square feet of pavers
April 24, 2018
Page 15
for aesthetic reasons.
For your information, the entrance to the Rich King Memorial
Greenway is located off Radio Road where no public parking is
available, plus Radio Road does not have paths for bike. To me this
seems to prohibit the use of the greenway for community-wide bike
use, except for those living in the close proximity.
Additionally, the greenway is now well maintained by the Parks
and Recreation Department, the greenway is fully sodded, it has a
12-foot asphalt pathway, and making additional work unnecessary.
Because of these actions underway by the MSTU advisory board
and the fact that both amending ordinances did not receive support
from the 6,566 property owners, I'm here to ask that the BCC consider
taking the following actions: I recommend an immediate stop work
order on Ordinance 2013-43 and suspend approval for changing out 15
bus shelters to make them ADA compliant until the Board has time to
consider the sunset request; recommend maintenance for Devonshire
Boulevard -- this is the 2002-59 ordinance -- be transferred to the
MSTD because all the landscaping work has been completed now, and
there's no work to be done. We're only maintaining it; and, finally,
recommend upon implementation of the above two requests, sunset the
Radio Road Beautification MSTU, Ordinance 96-84, sunset the two
amending ordinances, 2002-59 and 2013-43, and consider transferring
any remaining MSTU funds, which I understand are about a million
dollars, to the MSTD.
And thank you for your time in hearing this request, and may I
answer any questions?
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: I don't have any questions. I
have a statement. And I just would like to talk to my colleagues on the
Board.
I was distressed when this agenda item came up to us a couple of
April 24, 2018
Page 16
weeks ago, or I can't remember the exact time when they came and
talked to us.
And I know we can't vote on anything today. But I wouldn't be
opposed to having this come to us as a formal agenda item and us have
some discussion if this meets with my colleagues' approval.
I believe that there is at best systemic issues that are revolving
around this MSTU. I heard from a lot of my friends that live in this
area of this MSTU of a lack of communication, and I have heard it
from our staff on other issues in Eastern Collier County of that sort.
So if it would be the pleasure of our board, I'd be interested in
bringing this back as a full agenda item to give consideration to hear
staff's recommendations and answers to the suggestions.
MR. OCHS: Yes. Mr. Chairman, if Mr. Carnell could just
respond briefly, I think it fits well with what Commissioner McDaniel
has suggested.
MR. CARNELL: Yes, sir.
For the record, Steve Carnell, Public Services department head.
We are on the track that Commissioner McDaniel referenced. We
plan to bring the ordinance back for a discussion, and prior to that we
are gathering -- we are surveying all 6,600 residents as we speak to get
feedback on their desires regarding the future of this MSTU. So we'll
have all that information, and we'll come back to the Board second
meeting in May, first meeting in June, one of those two.
CHAIRMAN SOLIS: Okay. Perfect.
MR. OCHS: Fair enough?
COMMISSIONER McDANIEL: That gets us to where we want
to go. Thank you.
CHAIRMAN SOLIS: Thank you.
MR. OCHS: You're welcome.
MS. SHERMAN: Thank you for your time. Thank you for your
consideration.
April 24, 2018
Page 17
COMMISSIONER McDANIEL: Yes, ma'am.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, that moves us to Item 7 this
morning. These are public comments on general topics not on the
current or future agenda.
Mr. Miller?
MR. MILLER: Yes.
Mr. Chairman, we have several speakers on this item. Your first
speaker is Mary Hustead, and she will be followed by Nancy Wojeik,
if I'm saying that correctly.
CHAIRMAN SOLIS: Could I just maybe say something? All
the speakers, I think, are on the same subject?
MR. MILLER: I have -- all but one are on the same subject,
which is a lift station.
CHAIRMAN SOLIS: I was just going to suggest that since this
isn't on the agenda, and it's -- I know I've received some emails about it
-- that maybe it would be better to bring it back with an executive
summary, and then we could have something formally on the agenda
so that we can have something to discuss and something to look at.
I don't know that -- I'll speak for myself. I really haven't had a
chance to understand what the situation really is from staff.
So, I mean, everyone's welcome to speak. I'm just trying to think,
would it be better served to have it on the agenda in a couple of weeks
and then have a discussion about the whole thing? People are shaking
their heads. Okay.
COMMISSIONER McDANIEL: And you know we can't vote on
April 24, 2018
Page 18
anything today.
CHAIRMAN SOLIS: Okay.
MR. MILLER: Okay. I'm going to encourage our speakers to
use both podiums. I will call two speakers at a time, the current
speaker and the following speaker. Your first speaker is Mary
Hustead. She'll is followed by Nancy Wojeik.
MS. HUSTEAD: We give our time to Lisa McGarity.
MR. MILLER: Okay. Both of you. And I don't have anybody
else giving time to her. So that will be a total of nine minutes for Ms.
McGarity. She will be followed by Jerry Cusack.
MS. McGARITY: Thank you for this opportunity, Board of
County Commissioners.
I'd like to introduce myself. I'm Dr. Lisa McGarity, and I am the
president of Lely Golf Estates, also known as Lely Civic Association.
Apparently we have an alias.
The situation is this -- and I'd be happy for you to put it on the
agenda in two weeks, at which time I will return, happily, but I think
you need to be aware of this, and it seems rather urgent to me and the
homeowners in my community.
The history is this: There is a lift station in the median on St.
Andrews Boulevard not too far from U.S. 41. It has been failing and
failing years and years. It's very difficult to access for the county.
They have to work in the median. And I don't have to tell you there
was a death on St. Andrews very recently. It's a dangerous place to
work, so the county needs to move that lift station. One, because it
keeps failing and, two, because it's not in an accessible location. I
totally agree up to that point.
The current lift station is about six square feet; six square feet.
We have a number of these lift stations in our neighborhood; in fact,
one is behind one of our board member's homes. It doesn't have odors.
To give you an idea, it's about twice the size above ground what you
April 24, 2018
Page 19
see; about twice the size of a pump, sort of, situation you might see at a
residence for their lawn care.
Well, it isn't just going to be moved. It's going to be expanded to
2,730 square feet. To give you the perspective on that, that is more
than half the size of a typical residential lot. Its footprint is actually
larger than many of the homes in our subdivision. It's also going to be
moved out of the median to a corner in the middle of our subdivision.
I had a phone call from Fred Padgett from Public Utilities
Saturday. We had a discussion. He told me the reasoning behind the
change, which I understand; however, he did not include impact to the
residents. There are 200 -- I said 200 -- residents within 170 yards of
this location. Craig's follow-up email also did not include the impact to
those 200 residents.
There are also going to be odors. There's a similar, though
smaller, lift station on the corner of Rattlesnake Hammock, Santa
Barbara, and St. Andrews. I'm an avid runner. Actually, I just got
back from a half marathon Sunday. I run past that lift station. In fact, I
run across the street on the other side of Rattlesnake Hammock, and
you definitely smell sewer gas.
I'm a chemist by trade, so I know gas laws. And when the
statement from Craig Padgett says, well, we'll do odor mitigation.
Okay. Then we aren't doing odor mitigation on the other ones?
Because I can smell it. I can smell four lanes, five lanes across the
road on Rattlesnake Hammock to the -- and that lift station is a mile
down the road from this proposed one.
Okay. So there will be trucks, large trucks. I don't know if you've
seen those trucks. They have multiple axles, 12 -- about 12 wheels or
so. They're huge. We don't have infrastructure in our residential
neighborhood for those trucks. The bike path is there, but it's illegal
for those trucks to be in our bike path.
I use that bike path on a frequent basis; pretty much every day.
April 24, 2018
Page 20
I'm an athlete. I run. I bicycle. I'm in that bike path all the time, and
those trucks come in one after the other after the other.
Craig also mentioned in his email to me that I didn't have to
worry because the overflow would go into a drain system. Overflow,
okay, into a drain system that we're going to odor mitigate. Well, they
mitigate odor with limestone. I used to work in water quality, so I
know a little bit about this. That's not going to mitigate odor. It's
going to have odor.
Obviously, you know, you're saying to yourself, well, but this is
the price we pay for growth. Yes. Well, I think this -- shouldering this
burden of growth is too much for our neighborhood that has been
established for 50 years and really wasn't a part of the growth.
Furthermore, I have the perfect solution, and I do mean perfect.
Two blocks, not two miles, not two-tenths of a mile, two blocks away
is the sewage treatment plant. Some years ago Collier County
purchased extra property around the sewage treatment plant to expand
the plant. The expansion never happened. The property still belongs
to the county. I do not understand why this location two blocks away
is not even under consideration.
Yes, it would cost some extra money, but I'll be honest with you;
the lift station that's failing in the median, it is nowhere near the
capacity. If I can tell you, it's about 500 percent larger -- the proposed
new station, 500 percent larger than the current one.
So, in summary, I would like to say we need your help. We need
your help. The impact on our residents in our subdivision is going to
be tremendous. Two weeks ago someone purchased a house adjacent
to this property for 480-some-thousand dollars, I think. Let's just say
half a million. Are we going to tell those people, well, I hate to tell
you but your investment is probably going to be worse than any
recession we have seen in modern times?
I can also tell you that there is not a single person in this room
April 24, 2018
Page 21
that would agree to have a lift station of this capacity next door to their
home.
That concludes my public comment.
MR. MILLER: Your next speaker is Jerry Cusack. Mr. Cusack
has been ceded additional time from Gillian Ross. Can you indicate
you're here.
(Raises hand.)
MR. MILLER: Okay. Thank you.
Also from William Ward.
(Raises hand.)
MR. MITCHELL: And Ann Alvy.
(Raises hand.)
MR. MILLER: He will have a total of 12 minutes. Mr. Cusack
will be followed by Shane Bailey.
MR. CUSACK: I doubt I can match up to the polished
presentation made by Mrs. McGarity, but...
Can I use the --
MR. MILLER: Yes, absolutely, sir.
MR. CUSACK: Not that I haven't (sic) used one in a long time,
but someone give me a hand.
COMMISSIONER McDANIEL: The County Manager will be
pleased to assist, I'm sure.
MR. CUSACK: I'm Jerry Cusack. I live at 5357 Hidden Valley
Drive, about 150 feet from the proposed expanded sewer plant.
We only found out about this on Saturday, and when I was given,
by a lady on the board up the street, a copy of the engineering drawing
I almost passed out. How can we be so dumb when this is in progress
since 2009? And the property was purchased in 2012. And here we
are in 2018, and we're finding out.
The only thing we ever heard, they may move a four-by-four lift
station. Nothing further. And I look at a drawing, which I sent to a
April 24, 2018
Page 22
couple friends of mine -- I used to be in charge of IT in construction
data centers, and I built properties down here when I was younger,
condos. I've been coming here since 1969, and I built a house. I
bought the property before the streets were done in 1979. And I've
been living here for over 20 years full time.
I retired early to be here.
So when I tell you I've been here since '69 and my wife, Mary, as
Ms. Wojeik -- they owned a pharmacy downtown on Fifth Avenue --
there's a lot of roots on one block that we have here.
We have a great neighborhood. I could have afforded a bigger
house when I retired, but my family and children are all that matters to
me as -- from the little I know of all my neighbors, it's the same thing.
We're in a middle-class area, which usually means we get squeezed by
the rich, and the poor get catered to. But that's life.
The thing I'd like to bring out to you here is a number of things.
Let's start with the water problem. They're talking about burying this
footprint of 70 by 37. Now, I've only put together what I have in about
the last 48 hours. And I didn't get your proposals until nine o'clock last
night, so you'll have to forgive me if I'm jumping around.
The first picture I'd like to show you is the property you want to
buy. As you can tell, the ducks and the geese love walking in the
water. This is January we're talking about here, not hurricane time.
And if you look to your right on the property you're buying there, or
you've bought, which we didn't know you had bought; either did the
owner of the other three lots, because he never would have sold it to
the interim buyer, who made a 50 percent profit in 24 months, which I
find -- I'm not a big believer in coincidences, by the way, from my
business career of traveling around the world and managing hundreds
of people. I don't like coincidences -- especially since the other three
lots offered at 45-, 50- have never sold. Now they can because house
prices are climbing. I'm sure one developer will pick them up.
April 24, 2018
Page 23
This field you're looking at, I live just this side of this field.
The next photo I'd like to show you -- when we talk about water
-- Mrs. Fiala, who has knocked on my door to help us on a couple
problems when someone was stealing cars -- and I've seen her many
times in our meetings -- is a lady who lives in Lakewood who cares
about our community. I don't know you other four people. I apologize
for that.
This next picture is not a hurricane. This was a storm maybe six
weeks after the last hurricane. The sewers were clean, by the way.
That's your property in the upper left that they're going to bury a
footprint. I'm sure once they get all their approvals, this will go above
ground. I'm not an engineer, but that's a floodplain. So all this burying
-- which is really secondary to me and my neighbors. How can you do
this to us?
I took the time with my wife who has a lot better pair of legs as
far as walking than I do -- I'm pretty disabled today. And I am a
disabled vet.
The thing that got me -- we walked this off, okay, and I borrowed
one of these walking -- you know, for the feet. I'm not a surveyor. I
may not have gotten -- I did go through some hedges to get where I
was going, but I know enough about engineering since I had part of a
degree, and I've been in computers all my life. My measurements
aren't off that bad.
To follow up what Lisa said, we walked this off. There are,
within about 550 feet -- not yards -- 550 feet, there are 204 residences;
a lot of them have kids.
We have a neighborhood of retired old people like myself. Our
daughter lives in the community. We have the Wojeiks up the street
who have their daughter and grandchild and another one coming, a
young man across the -- but we're a mixed-age area with children.
And Naples is not going to survive without our young people mixed in.
April 24, 2018
Page 24
This is a beautiful community. We have a lot on a golf course.
We have everything we ever wanted. And we've had bigger houses in
our time when we were younger, but I wouldn't trade the neighbors
and the block I live on with anybody. That's why I've been there and
owned it since 1979.
I see Mrs. Fiala smiling. She lives in Lakewood.
Just to digress a minute, when you talk about putting this lift
station, I don't know how many of the commissioners have ever gotten
a whiff of these things when they're either unloading this -- now, the
one at the corner of St. Andrews and Santa Barbara, oh, my God.
Fortunately, there aren't too many houses too close to that, and
there are trees. The one that I got a kick out of, which is just outside
Lakewood across Davis Boulevard, which probably handles the
sewage from Lakewood, is located in the edge of the woods at the end
of Foxfire. These are the nine holes where there are no homes. Right
across is East Naples Middle. How do I know the smell? My daughter
teaches there for many years, and the children go out to get on their
buses, and ugh.
She gets it going to work. And we're not talking 100 feet away.
And I'm quoting you distances in feet here.
In the presentation -- and you wonder why we're concerned. This
is going on for eight or 10 years. If I still had the real estate license I
had up till about 2009, I might have checked the ownership of the
property. And I'm sure Mr. McDonnell, who lives downtown on Gulf
Shore and owns a number of investments, is going to have a heart
attack when he finds out he sold the least attractive of the four lots for
44,000 -- within two years, the county bought it for 67- -- because he
never would have sold it to the county, having three more lots next to
it, not for a sewer plant.
So I would use your own imagination that a lot of things here do
not look good and why after eight years are we finding out after you've
April 24, 2018
Page 25
made at least the $75,000 investment? How do you recoup it?
And Dr. -- our doctor friend here -- or our chairman here says,
nicely, there are other alternatives to this. But engineers -- I looked at
the proposal last night, and I've seen plenty of engineers' proposals in
my time. Like I said, I built here. Engineers only look at two things,
straight line and cost. They don't look at people cost. They don't look
at property cost. They don't look at quality of life.
They're going to build a sewer plant. So we're going to go for a
four-by-four footprint in the middle of the street -- I never even knew
what it was for, and I'm 300 feet away -- to having this thing with these
huge tanker trucks.
And let me show you the next picture I wanted to show you.
When I say "within 200" -- and I'm being generous with 200 feet, okay
-- there are roughly -- let's see here. What was the number I came up
with here -- 47 condos and homes. I mean, I have numbers here -- oh,
God, there's probably -- within that feet there's probably several
hundred people involved.
This condo -- and I'm showing -- three stories. I'm standing on
the lot next to yours, and the next picture I'm standing on your lot. No
distance.
Now, there's two sections. There's another section of another 47
units behind it that are within 550. Now, a surveyor could accuse me,
and I could say 600 feet. We're not talking yards here.
I live 150 feet from this, and my neighbors are less than 300 feet.
These buildings are owned by senior citizen over 55 who came
here for quality of life, like I did. And I worked all my life and as most
of my neighbors did.
These units, three stories, they leave their doors open to save on
electric bills. They have screen doors. The air goes right through. Oh,
they're going to love the smell. They're going to love it. They're right
here.
April 24, 2018
Page 26
It's like -- I measured this room when I came in here, and I think I
got about -- what did we get, Bill? About 80 feet. I've got one person
who's 15 feet outside this -- take this room. He lives 15 feet more, and
I'll show you his picture. He's right across the street from it.
And the homes all up and down St. Andrews Boulevard -- within
one block you went through a second association, so I'm sure they've
been apprised.
What you're seeing for support today is about one-fiftieth what
you're going to get in a week. Nobody knows about -- and how this
went for eight years under the table? Somebody knew it would never
pass.
And we're pretty upset. My lifetime investment, big investment,
to give to my children -- my daughter lives in the community, my
granddaughter went to Naples High, and my son's coming back here
with his MBA. He got a Florida Gulf Coast University -- this is a
place for them to live. We're a little upset about this.
One other thing I'd like to bring out. We're up to these pictures.
What's the next picture? You can throw these up as an example. This
is right across the street from one edge of your property. Another
development. I'm -- you can -- it's like walking from here to the
middle of the room.
The next one -- the next picture is my house. I only give you that
as an example. And it doesn't look like a shack. Every house on the
block is maintained. We care about our community. We put money --
and this is after the hurricane when we got hit. That picture's new.
I could take the Wojeiks' house, I could take next door to me, Bill
and Elaine Ward, they're all the same. They're people who care.
You will destroy -- perception is reality. The first whiff in the
neighborhood or on the golf course, which is 300 feet away, Hibiscus,
and the clubhouse of Royal Palm which is about 700 feet, the first
whiff -- and that's our main drag like Lakewood Boulevard's your main
April 24, 2018
Page 27
drag, Donna. Everybody will say, well, I'm not going near there, and
every real estate person will says, well, they have a big sewer plant
hidden behind some bushes. The first time people see those trucks and
that's -- I didn't retire for this. You're not doing right by us. And I
don't mean the Board, because I don't think you know much about this.
And why are we finding out after you invested 80-, $90,000,
which was done years ago? Even the owner of the adjoining properties
doesn't know. We've sent him a letter. I'm wondering about his
reaction when he finds out what's happened.
Two other things that I'll mention. I'll get off the --
CHAIRMAN SOLIS: Sir, I'm sorry.
MR. CUSACK: My time up?
CHAIRMAN SOLIS: Your time's up.
MR. CUSACK: I'm sorry. I'll close by saying we have traffic
problems, bad ones. We've had a death. We've lowered our speed
limit. We have police --
CHAIRMAN SOLIS: Sir.
MR. CUSACK: -- in there, speed bumps. Nothing works, and
you're going to bring this in?
MR. MILLER: Your final speaker under public comment is
Shane Bailey.
COMMISSIONER SAUNDERS: Is this under the same topic?
MR. MILLER: No, it is not, sir.
COMMISSIONER SAUNDERS: Could we spend a minute on
that topic?
MR. MITCHELL: Your prerogative. Hold on just a minute, sir.
CHAIRMAN SOLIS: Can we use our lights? Commissioner
Fiala's light was on.
COMMISSIONER FIALA: I just put it on.
CHAIRMAN SOLIS: Oh, okay. Well, then Commissioner
Saunders first, then Commissioner Fiala.
April 24, 2018
Page 28
COMMISSIONER FIALA: Okay. Do we hear Shane first?
CHAIRMAN SOLIS: It's a different topic.
COMMISSIONER FIALA: It is? Okay.
You know, I'm so glad you brought this up. I didn't know about it
either, and I work here. And it's been going on this long, and never
once has any staff member told me that they're doing that, and that is
very upsetting to me, very upsetting, because this is my community.
They should at least have the courtesy of letting me know.
And when you talk about the one over on Rattlesnake and Santa
Barbara, I'll drive by -- my windows are closed in my car. I drive by,
and I can smell it right through there. And I call them and I say, it's
stinking again. And, you know -- but I don't want to see that happen.
And we need to discuss this, but first I think I need to be talking
about staff to see what else they can do to move it. You don't want to
put it in these people's backyard, for goodness sake, when you have the
problem over there at Santa Barbara Boulevard and Davis Boulevard --
rather, Rattlesnake. We need to do something else about that, George.
So I will talk with staff members vividly, and then we're going to
make sure to put that -- if they make a decision, we'll put it on the
agenda to talk. If we get this thing solved, I'll make sure -- you know
what, I'm going to -- I'll give Nancy a call, because I think I can reach
her easiest. And I'll get back to you so you'll know what staff has told
me.
I apologize profusely for this. That's such a shame. Thank you
for bringing it to our attention.
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
Dr. McGarity said that perhaps we're thinking that -- I think this is
an exact quote, that this is the price we pay for growth. Well, it's not.
I think this commission has been very protective of neighborhoods.
I will say we have an excellent staff, so this is not a criticism of
April 24, 2018
Page 29
staff at this point. But I would say to staff that, you know, sometimes
mistakes are made, and this looks like it could be one of those pretty
significant mistakes.
And so I'm looking forward to seeing what the alternatives are. I
would not want to live within 500 feet or 500 yards of that type of
facility. And if we're that close to the sewage treatment plant, there's
got to be some other alternatives to this.
So, Commissioner Fiala, I join you in that.
COMMISSIONER FIALA: Thank you.
COMMISSIONER SAUNDERS: We need to have staff come
back and really reevaluate this. It's the wrong decision.
COMMISSIONER FIALA: You get a gold star.
(Applause.)
COMMISSIONER McDANIEL: You're getting a bunch of head
nods; bunch of head nods.
COMMISSIONER FIALA: Good.
CHAIRMAN SOLIS: I guess at this point, ask the County
Manager, can we bring this back at the next meeting or at least the
following one to at least have a discussion with staff and the residents
as to what exactly the project is and what the alternatives could be?
MR. OCHS: Yes, sir. We'll have it on next meeting.
CHAIRMAN SOLIS: Okay. Very good. Thank you.
MR. MILLER: Mr. Chairman, your final public speaker under
public comment is Shane Bailey.
Mr. Bailey?
MR. BAILEY: Good morning. I believe it's morning. Can you
hear me okay? All right.
My name is Shane Bailey. I'll with Warm Introduction
Networking. We are a business networking group that was started four
years ago in this area, and we wanted a little bit of a different change to
the networking that you're probably more familiar with.
April 24, 2018
Page 30
We start out with steadfast and integrity being our No. 1. Our No.
2 is building relationship versus just handing a card over, a business
card over, focusing on return on relationship versus return on
investment.
We are a non-profit veteran-owned organization, and we do three
events every month: One in Fort Myers, one in Naples, and one in
Marco Island. These events are free to attend. We charge no one
anything. You come. Sometimes there's food involved. You get to
network your business and be exposed to other business leaders in this
community.
Every year we do a large event. The large event, the last time was
at Six Bends Harley Davidson, which was our home. It has since sold;
Scott Fisher sold it. And we are not able to have it there. So we
looked at Collier County park systems. We located North Collier Park
systems, and Mr. Barry Williams back there. We went in front of
PARAB last week. We had a unanimous approval. The only glitch
was their ordinance for alcohol does not contain the building that we
need on the premises.
So they suggested I come speak today concerning the possibility
of setting aside the ordinance for a one-day veteran event that will raise
money for awareness of our health issues that we face here in the local
area. January of 2015, my business partner suffered a -- a veteran
himself, suffered a coronary, went to NCH, was stabilized for three
days. On Day 2 he was told to call Bay Pines up in St. Pete. Six
months he waited to get his appointment to be assessed.
So what we're doing with the money we raise from this event is
we are using First Choice, which is an already set-up organization to
see the veteran. The problem -- what happens is the veteran usually
says, well, I don't want to pay the copay. I don't want to pay to get
there. We're funding the copay, getting there, getting the assessment
so this veteran can then see a specialist, if needed, wherever the
April 24, 2018
Page 31
specialist may reside.
I, myself, had a situation where I needed an MRI. There's no
MRI in Naples. You have to go up to Bay Pines.
So in closing, we're asking for you to set aside this ordinance for
one day. There is precedence -- and, by the way, it was cracking me
up. Jim Ludwig with Pickleball for All and Pickleball for Veterans, I
didn't know you had a connection there. We have funded him
numerous times through our organization. He'd be a great advocate for
us.
But in 2015, you guys did allow, per event basis, according to
your document, just setting aside the alcohol ordinance for that day. I
appreciate if you'd consider doing that for this.
CHAIRMAN SOLIS: Okay. Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. First off, that's quite an
interesting chronometer; your watch.
MR. BAILEY: Oh, thank you.
COMMISSIONER McDANIEL: When is your event?
MR. BAILEY: July 20th.
COMMISSIONER McDANIEL: Okay. So, I mean, in a matter
such as this, we have to bring this up as an agenda item to be voted on
prior to that. So, I mean, I might make a suggestion that you send one
of us whoever necessarily -- we're all your commissioner, but send us
an email with your request, and we can move something like that
forward on a future agenda prior to your event.
MR. BAILEY: Okay. Our only concern is time to promote the
event, as we have VIPs like Senator Passidomo, General Franks.
We're trying to get their schedule solidified, so if I could do that.
CHAIRMAN SOLIS: Do it yesterday.
MR. BAILEY: How do I go about doing that?
CHAIRMAN SOLIS: Send it yesterday.
MR. BAILEY: Okay. I'll get on that tomorrow.
April 24, 2018
Page 32
COMMISSIONER FIALA: What is the name of your
organization, sir?
MR. BAILEY: Warm Introduction Networking is the name of
the organization. Warm Introduction Networking. We're found on
Facebook and --
CHAIRMAN SOLIS: Where is the venue?
MR. BAILEY: The venue is 1500 Livingston Road, which is the
North Collier Park system right --
CHAIRMAN SOLIS: North Collier Park, okay.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I don't think we have to go
through that formality in terms of get with staff, get the request in for
the waiver. Staff can bring that to us on the consent agenda at any
meeting. I don't think we need to have an email and then a
presentation on that, unless I'm wrong, Mr. Manager. I know the park
department waives alcohol requirements numerous times, and there's a
process for that, but it doesn't have to come to us.
MR. OCHS: I'm looking at the County Attorney just because it's
an ordinance, and I'm looking for a recommendation here.
MR. KLATZKOW: Bring it back -- we'll bring it back to you on
the next agenda on consent agenda.
COMMISSIONER SAUNDERS: Perfect. That's fine.
CHAIRMAN SOLIS: Very good. And if you'd please just send
me an email, I'd be glad to make sure that it -- whatever is needed gets
to you, and we'll make sure that it's on the next agenda.
MR. BAILEY: All right. Thank you. Thank you for your time.
MR. MILLER: Mr. Chairman, that concludes our public speakers
for public comment.
CHAIRMAN SOLIS: Thank you.
MR. OCHS: Commissioners, that takes us to Item 9 on this
morning's agenda, public hearings.
April 24, 2018
Page 33
Item #9A
ORDINANCE 2018-19: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2006-50, THE CREEKSIDE
COMMERCE PARK COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD), AS AMENDED, BY ADDING
OUTDOOR RECREATION FACILITIES AS A GENERAL
PERMITTED USE; BY PROVIDING THAT WELLNESS
CENTERS ASSOCIATED WITH EMPLOYEES AND HOTEL
GUESTS SHALL NOT COUNT TOWARDS SQUARE FOOTAGE
MAXIMUMS IN THE BUSINESS DISTRICT AND INDUSTRIAL
COMMERCIAL DISTRICT; BY ALLOWING A 169 ROOM
HOTEL ON TRACT 6 WEST OF GOODLETTE FRANK ROAD;
BY DECREASING THE ALLOWABLE SQUARE FOOTAGE IN
THE INDUSTRIAL COMMERCIAL DISTRICT BY 6,900
SQUARE FEET FOR A TOTAL OF 709,100 SQUARE FEET OF
FLOOR AREA OF INDUSTRIAL/COMMERCE USES; BY
DECREASING THE ALLOWABLE SQUARE FOOTAGE IN THE
BUSINESS DISTRICT BY 23,000 SQUARE FEET TO 269,000
SQUARE FEET INCLUDING A REDUCTION FROM 242,000
SQUARE FEET TO 219,000 SQUARE FEET OF OFFICE USES;
BY ADDING INDOOR AND OUTDOOR RECREATIONAL
FACILITIES AS A PERMITTED ACCESSORY USE IN THE
BUSINESS DISTRICT AND INDUSTRIAL COMMERCIAL
DISTRICT; BY ADDING DEVIATIONS TO ALLOW ANY USE
ON TRACTS 3 AND 6 ON THE MASTER PLAN TO BE
ELIGIBLE FOR THE COUNTY’S ARCHITECTURAL
DEVIATION PROCESS AND A DEVIATION TO PERMIT
EXISTING STREET TREES TO SATISFY THE BUFFER TREE
April 24, 2018
Page 34
REQUIREMENTS FOR TRACT 5. THE SUBJECT PROPERTY IS
LOCATED SOUTH OF IMMOKALEE ROAD AND BOTH EAST
AND WEST OF GOODLETTE FRANK ROAD IN SECTION 27,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 106 ACRES; AND BY PROVIDING
AN EFFECTIVE DATE – ADOPTED
MR. OCHS: Item 9A is a recommendation to approve an
ordinance amending the Creekside Commerce Park commercial
Planned Unit Development.
Mr. Chairman, this item requires that ex parte disclosure be
provided by commission members, and all participants are required to
be sworn in. So ex parte at this point, sir.
CHAIRMAN SOLIS: Yes, sir.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I do have disclosure of
multiple meetings and emails with regard to this subject matter.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I've talked with Rich
Yovanovich.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I've talked to the petitioner's
agent. I viewed part of the Planning Commission meeting. I've had
conversations with staff.
COMMISSIONER FIALA: And also, besides Rich, there was
David Bumpous. Sorry.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: And I've had the same. I had
meetings with Rich Yovanovich and David Bumpous, and I've
reviewed emails concerning this.
CHAIRMAN SOLIS: I would also disclose, one, that I've met
April 24, 2018
Page 35
with -- I had a discussion with Dave Bumpous and Rich Yovanovich
on several occasions. And at one time, I'll just say, also, that I became
aware -- that our firm, my firm, had been retained by Arthrex at one
point. And, unfortunately -- well, fortunately now, depends on how
you look at it, we have been dismissed. They are no longer a client.
And I just wanted to disclose that.
It's obviously public record, but they're no longer a client. And so
after consultation with the County Attorney, there's -- I don't have a
conflict, and I'll participate in this issue.
Anyone else?
(No response.)
MR. YOVANOVICH: Good morning. For the record, Rich
Yovanovich on behalf of the petitioner.
MR. OCHS: Mr. Chairman, we need to swear in all participants
at this point.
(The speakers were duly sworn and indicated in the affirmative.)
MR. YOVANOVICH: For the record, Rich Yovanovich on
behalf of the petitioner.
Before you is a request to amend the Creekside PUD to add a
hotel use that will be operated by a related entity for Arthrex and to
add a wellness center that will be used exclusively by the employees of
Arthrex and the guests of the hotel.
Your staff's recommending approval of that. The Planning
Commission recommended approval. It was either 5-1 or 6-1. I can't
remember the exact vote.
The only issue before the Commission, obviously, is -- in your
agenda is there was a request by the Planning Commission that we add
basically the phrase the wellness center needed to remain
transportation neutral. We had a concern with that language because
we've already said the only people who can use it are employees,
guests of the hotel, and we also committed that there can be no outside
April 24, 2018
Page 36
memberships.
We didn't know how to measure the neutrality since the PUD
already had a trip cap. So we didn't agree to the addition of that
transportation-neutral language.
Other than that we've had no opposition from anybody in the
communities. We've met a couple of times with both the Pelican
Marsh representatives, the Collier's Reserve representatives. We have
no objections from the community. We are requesting that you
approve the PUD in the format that we wrote it.
And with that, if you want a more detailed presentation, I'll be
happy to make one. But you're all aware of where this project is and
with Arthrex as the primary landowner of everything to the west side
of Goodlette-Frank Road. With that, I'll answer any questions you
may have.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I'm trying to -- I don't have a
problem with this at all, by the way. I couldn't figure out what
transportation neutrality was. I think they just mean, you know,
internal traffic.
But anyway, considering that, and you guys don't want it on, the
Planning Commission did, but they were concerned about
membership. So couldn't we just add someplace that there will be no
outside memberships?
MR. YOVANOVICH: We've added that.
COMMISSIONER FIALA: Have you?
MR. YOVANOVICH: Specifically in the PUD it says, only
employees of Arthrex, only guests of the hotel, and there will be no
outside membership. It's already in the PUD.
COMMISSIONER FIALA: Good. Well, then I make a motion
to approve.
CHAIRMAN SOLIS: There's a motion.
April 24, 2018
Page 37
COMMISSIONER SAUNDERS: I don't have any objection to
approving this, but I don't know if there are any public speakers or
anything. We have a public hearing. So if there are none --
MR. MILLER: I have none.
COMMISSIONER SAUNDERS: Then we would close the
public hearing, and I'd second the motion if that's --
CHAIRMAN SOLIS: There's a motion and a second. Any other
discussion?
COMMISSIONER McDANIEL: I'm just smiling. I'm ready.
CHAIRMAN SOLIS: Oh, I thought you were raising your
glasses.
COMMISSIONER McDANIEL: Let's go.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
MR. YOVANOVICH: Thank you.
CHAIRMAN SOLIS: Motion carries.
Item #9B
ORDINANCE 2018-20: AN ORDINANCE AMENDING
ORDINANCE NUMBER 81-6, AS AMENDED, THE MARCO
SHORES GOLF COURSE COMMUNITY PLANNED UNIT
DEVELOPMENT (PUD), TO ALLOW GROUP HOUSING FOR
SENIORS ON RESIDENTIAL PARCEL TWO A, AND TO ADD
April 24, 2018
Page 38
NEW DEVELOPMENT STANDARDS FOR RESIDENTIAL
PARCEL TWO A; AND PROVIDING FOR AN EFFECTIVE
DATE, FOR PROPERTY LOCATED NEAR THE MARCO
ISLAND EXECUTIVE AIRPORT IN SECTION 26, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA –
ADOPTED W/CHANGES
MR. OCHS: Item 9B is a recommendation to approve an
amendment to the Marco Shores Gulf Coast Community Planned Unit
Development. This item also requires ex parte disclosure by
commissioners and that all participants are required to be sworn in for
the hearing.
Ex parte, Mr. Chairman, on this item.
CHAIRMAN SOLIS: Yes, sir.
COMMISSIONER McDANIEL: Yes, I do.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Meetings and emails with
regard to this subject.
COMMISSIONER FIALA: On 9B I spoke with Wayne Arnold
and David Nassif.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: I had a short meeting with Wayne
Arnold, the petitioner's representative. I've also discussed this issue
with staff.
COMMISSIONER SAUNDERS: And I also had a meeting with
Wayne Arnold to discuss this.
CHAIRMAN SOLIS: And I, myself, have also -- I had a call
with Wayne Arnold on this subject as well.
MR. OCHS: You want to swear the participants, Mr. Chairman.
(The speakers were duly sworn and indicated in the affirmative.)
MR. ARNOLD: Good morning, Commissioners. I'm Wayne
April 24, 2018
Page 39
Arnold with Grady Minor representing the owners of what's known as
Parcel 2A in the Marco Shores Country Club PUD.
Obviously, it's an existing Planned Unit Development, and we're
here adding a senior-housing option for that development parcel only.
So we've replicated portions of the PUD applicable for the multifamily
uses that are currently permitted there, and then we've added the
senior-housing option and changed the height for that tract only within
the PUD.
We had unanimous approval at the Planning Commission public
hearing. We did have a few speakers that discussed their traffic
concerns for Mainsail Drive, which is why we're not on your summary
agenda.
But I can make a more formal presentation. But the issue is fairly
straightforward. We've, obviously, discussed with Dan Summers, and
there is a commitment in there regarding providing some cots if the
senior-housing option moves forward. And, otherwise, happy to
answer any questions you might have.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I certainly have no issue
with the subject. I would like to make a suggestion. I'd like to -- if
you would be inclined, I'd make a motion for approval with one shift
from staff's recommendation.
I found it rather curios that there was a preclusion of
developmentally disadvantaged folks from the group housing, and I
was wondering if the petitioner would consider allowing those folks.
There is a potential for -- I know it's an of-age community, and there
may be folks that do have developmental disadvantages that could
participate in the group housing.
I saw that there was substance abuse and developmental
disadvantaged preclusions for the group housing.
And I'd like to make a motion with regard to allowing those with
April 24, 2018
Page 40
developmental disadvantages to be able to participate in group
housing.
MR. ARNOLD: From the applicant's perspective, we don't really
have an issue. That was brought up at the Planning Commission.
We're fine to delete the language. We're happy to include the
language. It really -- it was an issue that made no difference to us.
MR. OCHS: Commissioner McDaniel, before you complete your
motion, the staff does need to get one thing on the record with respect
to this petition.
COMMISSIONER McDANIEL: Okay.
MR. OCHS: Please.
MR. JOHNSON: Good morning, Mr. Chair, Commissioners.
My name is Eric Johnson, principal planner, zoning.
There were just -- after your packets were published, there were a
small change to the title of the ordinance as well as the inclusion of the
master plan, which I'll show on the visualizer now.
And that's all I have. If you have any questions, I'll be happy to
answer them.
COMMISSIONER TAYLOR: As the master -- pardon me.
CHAIRMAN SOLIS: Commissioner Fiala's light's on.
COMMISSIONER TAYLOR: Go ahead. Go ahead.
COMMISSIONER FIALA: Oh, okay, fine. Thank you very
much.
I think this is a great project. We're always talking about senior
housing, and that's a good thing. I don't -- if it is -- and it just says it
could include, so I don't know if it's going to be or not. But if it is
strictly senior housing, 55 and older, then you would probably have
less cars going in and out because many times the seniors either are on
their own or they only have one car per family. So that, I think, is an
asset there.
Also, remembering that at night, over 55 it's a little harder for
April 24, 2018
Page 41
seniors to see than other people so, you know, we have to take that into
consideration and make sure there are plenty of lights on that street.
But also we have to think about, and nobody has mentioned this at all,
that airport is expanding. They're in the process of expanding right
now, and expanding bigtime. Adding new hangars in there. They're
hoping to get some shuttle service in there, which adds more people,
which adds more traffic, and we have to take that into consideration
when we're thinking about this, you know, from our growth
management division. You can't take it at face value today, because it
isn't going to be the same.
By the time -- if this was starting to be built, they'd both open
about the same time, and we just have to consider how that would
affect group housing 55 and older. And if you would, you know -- of
course, you don't have that today, because I'm just bringing it up, but I
would love to meet with somebody just to make sure that it's going to
be a safe roadway for these people, and for everybody going in and out
of the airport as well.
MR. OCHS: We'll be happy to arrange that meeting, ma'am.
COMMISSIONER FIALA: Okay.
CHAIRMAN SOLIS: Commissioner Taylor. And just so
everyone knows, there is a public speaker.
COMMISSIONER TAYLOR: Okay. Just briefly. Would you
indicate the parcel in question?
MR. JOHNSON: Sure thing.
COMMISSIONER TAYLOR: Because we didn't have this in our
packet. Please.
MR. JOHNSON: It's identified as Parcel 2A, Residential Parcel
2A.
COMMISSIONER TAYLOR: 2A. Which -- give me the
boundaries of it, please. Oh, it's right there. Okay. Thank you very
much.
April 24, 2018
Page 42
CHAIRMAN SOLIS: Any other questions for staff? Our public
speaker.
MR. MILLER: I have one registered speaker, Alison Wescott.
COMMISSIONER SAUNDERS: She was waving.
MS. WESCOTT: I waive.
MR. MILLER: Oh, she waives.
COMMISSIONER McDANIEL: We're waving back.
CHAIRMAN SOLIS: Okay. Any other questions of Mr.
Arnold?
(No response.)
CHAIRMAN SOLIS: There's a motion to approve with --
COMMISSIONER McDANIEL: Subject -- I'd like the removal
of the developmentally disadvantaged from the group housing.
COMMISSIONER FIALA: Okay. I'll second that motion.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: It's approved.
MR. ARNOLD: Thank you.
CHAIRMAN SOLIS: Thank you.
Moving along.
Item #9C
ORDINANCE 2018-21: AN ORDINANCE GOVERNING THE
April 24, 2018
Page 43
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 –
ADOPTED W/AMENDMENT TO THE PROPOSED ORDINANCE
MR. OCHS: Commissioners, that takes us to Item 9C. This item
was continued from the April 10th, 2018, BCC meeting. It's a
recommendation to approve an ordinance and ballot language for a
referendum to appear on the general election ballot on November 6,
2018, imposing a one-cent sales tax.
Mr. Jeff Willig from the County Manager's Office will present.
MR. WILLIG: Good morning, Commissioners. For the record,
Jeff Willig from the County Manager's Office.
As the County Manager just said, it was continued from the last
meeting. There were some questions that you guys had asked and
wanted to know what was funded.
In your packet we've attached a sale -- or some documents that
are fact sheets for the different projects that are in the sales tax
proposal, and I'm happy to answer any questions that you have on
those.
Also, since that last meeting, we were asked by Mr. Ron Kezeske
for clarification on the cap of 5,000 that we had mentioned previously,
and I had gotten some additional information from the Department of
Revenue since then that I wanted to share with you.
So as you can see on the screen, some facts about the tax
limitation. The seller's responsible for collecting the sales tax at the
time of sale, and the first $5,000 cap, it applies to tangible personal
property instead of just anything and everything.
April 24, 2018
Page 44
So some descriptions that they had provided in the Department of
Revenue documentation was if it's able to be seen, weighed, and
measured. So -- but the cap does not apply to real property, transient
rentals, or services. And by "services," that could be if somebody hires
a security company and they need to pay them, the cap does not apply
to the services that they provide through that security contract.
So for additional clarification, lease payments -- I asked the
representative that I spoke to at the Department of Revenue about that,
and that would be -- for each lease payment, there would be a cap of
5,000 on that but not on the total total. So -- and I believe that's it. So
if you have any questions...
COMMISSIONER SAUNDERS: Mr. Chairman, just a quick
question.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: I know the answer to this, but
just for the public and for the record. The sixth cent, if it's levied, is
treated the same way under the state law as the five cents. There's no
difference in the way it's collected. There's no difference in what it
applies to, other than the $5,000 limitation; is that correct?
MR. WILLIG: And it would be the seventh.
CHAIRMAN SOLIS: Seventh cent.
COMMISSIONER SAUNDERS: I'm sorry, seventh cent.
MR. WILLIG: In most cases. There are some things that have a
lower percentage. But the seventh cent would be collected, in general,
the same way. And I forgot that I had a table put into this slide that
kind of shows kind of how that breaks down.
So for an example that was given in the Department of Revenue
booklet was a $7,000 dining room set, if it was sold to a person in a
county that was imposing that sales tax, then the normal 6 percent
would be collected, and then the additional for this item, since it's a
tangible personal property item, would be collected up to the $5,000
April 24, 2018
Page 45
cap.
COMMISSIONER SAUNDERS: And we're not changing any of
the --
MR. WILLIG: No, no.
CHAIRMAN SOLIS: Any other questions from the
commissioners?
(No response.)
CHAIRMAN SOLIS: We have public speakers?
MR. MILLER: Yes, sir. We have seven public speakers on this
item. Your first speaker is Dr. Joseph Doyle. He's been ceded three
additional minutes from Sandy Doyle, who's present. Dr. Doyle will
be followed by Ron Kezeske.
DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle,
Naples.
As you know, I've been here several times during this process to
oppose this one-cent sales tax. And I'm going to put this in a little
different perspective. I noticed that the project list has not changed at
all, and I know that that was one of your directives last time, to look at
this project list, because it's very important that we track the dollars,
the 420 million for the county and the 70 million going to the cities.
I think most of us agree that the transportation projects are
needed, but we disagree on some of the other projects at the bottom
half of the list.
But putting that aside, I want to look -- I want you to take a look
at your average resident here who may be middle to low income, and
we're talking about affordability. So adding a one-cent sales tax is
making the cost of living, not the cost of housing, but the cost of living
a little bit more for your average homeowner, and that's going to be
over 100-some dollars a year with this 1 percent sales tax.
And so let's look at your average person. They might be a small
business owner who's still trying to recover from Irma. We know that
April 24, 2018
Page 46
a lot of your service industry and small business owners were out of
work for two, three, four, five, six weeks last year. Each week that
they're off is 2 percent loss of their annual income. Most people were
out at least three weeks, so they lost 6 percent of their income there.
They had out-of-pocket expenses for Irma that were not covered
by their insurance because they didn't meet their deductible. We had
just enough damage, a lot of us, that we didn't -- we had a lot of
out-of-pocket, but we weren't able to file an insurance claim because
we didn't meet our deductible. Still recovering from that.
All right. Now you just put in $120 per home storm utility fee.
And some of us are looking at increased fire district fees, okay. I want
you to look at -- because you're not the only taxing authority here.
We had a doubling of the Collier County Mosquito Control
District this last time around. We don't know if they're going to reduce
their millage, okay.
Now, we have your senior citizens. We've talked about your
average working person. Let's talk about your senior citizens. Your
senior citizens had a 2 percent cost-of-living adjustment this year, but
most of it -- 70 percent of them had that eaten up by the increase in the
Medicare Part B premiums, so they're basically -- their income is flat.
But you're looking -- they're looking at the stormwater utility,
they're looking at all of these taxing entities increasing, and they don't
have any extra money. We're talking about flat income. So they're
going to have to give up a luncheon, a dinner, a pizza, a movie,
whatever, to pay this 1 percent tax.
And it's regressive, because it affects your lower-income people
and your fixed-income people more than the wealthy. We're talking
about the $5,000 cap. Well, if I'm out buying a used car or even a
low-priced new car, I'm getting taxed on the first $5,000 if I buy it,
okay. Now maybe that $5,000 for an automobile should be between
10,000 and $15,000, because you're hitting that person with the low
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income on that low-priced car. You see how regressive it is?
So I just think that, you know, we don't agree on the project list. I
think it's regressive tax. We're still trying to recover from Irma. I think
this is a bad time to put in a 1 percent additional sales tax.
Thank you.
MR. MILLER: Your next speaker is Ron Kezeske. He has been
ceded additional time from JoAnn Grey. Can you raise your hand if
you're here.
(Raises hand.)
MR. MILLER: Anne Brown?
(No response.)
MR. KEZESKE: If she's not, I'll make it brief.
MR. MILLER: I do not see --
Richard Hoffman?
(Raises hand.)
MR. MITCHELL: I see Mr. Hoffman. You have six minutes,
Mr. Kezeske. He will be followed by H. Michael Mogil.
MR. KEZESKE: Perfect. I'm here on behalf of myself as well as
the chairman of the Collier County Republican Executive Committee
or the Collier GOP.
I'd like to share with you just some results we had from a poll we
conducted over the last week, since this was continued. The poll ran
for approximately one week on our Facebook page. The results of that
poll were about 350 responses; 81 of percent -- 81 percent of which
said no and 19 percent which said yes, they support this sales tax.
Now, granted, obviously, we're political affiliations -- or political
organizations, so affiliation does come into play there. But I thought
that those were interesting results.
What was more stunning to me was the response in emails I've
got. Out of about two dozen to three dozen emails, most of the
concerns were the lack of community knowledge on the projects as
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well as why the projects are needed. So I found that a little interesting
in the responses I received.
I'm going to transition out and take off my Collier GOP chairman
hat now and as an individual and local business owner.
You just heard Mr. Willig present the $5,000 cap which is not
truly a $5,000 cap to business owners. As a local business owner, I've
already reviewed my financials, and this will cost our company
roughly about $2,000 more each year. That is a far cry from a $5,000
cap.
We lease about a hundred and -- well, our total leases in Collier
County are about 150- to $160,000 each year, not to mention our
leased vehicles that we have for our business.
So this is going to hit very heavily the business community. In a
time where we're looking at attracting businesses, I believe this will be
a detractor.
Additionally, we've heard a lot of information about X amount of
this fee being paid by tourists. We just heard that we just now got
clarification that this $5,000 cap does not apply to small businesses.
I'd be interested to see how those numbers which are significant
numbers -- because if you look at the amount of leased commercial
real estate in Collier County, how much does that change the numbers
of who is actually going to pay this tax?
I'd be willing to place a strong bet that a majority of this -- maybe
not a majority, but a strong percentage of this tax is going to go
directly on the backs of the small- and medium-sized business owners
in this county who can not necessarily afford to get financing to
purchase a building and have to continue leasing to run their business
who, by the way, employee other residents in Collier County.
Regarding the issue -- regarding some of the projects. Although I
agree with a fair number of the transportation projects, I'd like to see
this commission consider alternatives. We've traditionally just
April 24, 2018
Page 49
expanded road systems, and that's the way we've done things; more
population, more roads.
I have heard very little discussion about utilizing technology in
advancing how we transit people from one side of the county to the
other. Many of these projects are on the east side of the county where
most of our problems are on the west side of the county.
I don't know if you've ever driven down -- pick any one of the
main roads going from the east to the west, whether it's Immokalee,
Vanderbilt, or Pine Ridge, I get stopped at just about every stop-and-go
light heading east to west both at 8 a.m. in the morning and 5 p.m. at
night. We have a traffic-flow problem, not -- we do have traffic
problem, but I believe we need to look into whether that flow is being
interrupted.
Case in point, I was traveling westbound on Davis Boulevard just
last week. I got stopped for about a minute and a half at the
intersection of Davis and Santa Barbara. I called into Collier Traffic
Operations, which is fantastic, by the way, and they said, oh, there was
a preemption.
Well, I'm not quite sure what a preemption is, but it tells me that
somehow the traffic flow was changed. So I think we need to -- prior
to just starting to spend money, let's make sure the money we're
spending is wise. And is there a technological solution to some -- I'm
not saying all -- but some of these projects.
Further, regarding our DAS and our workforce housing or, excuse
me, our DAS and our mental-health facility. We have a strong
philanthropic community. Have we tapped into that community to
assist in some of these needs?
I heard very little -- again, very little to no discussion of doing a
capital campaign to help finance DAS expansion. I believe the
expansion on the Humane Society was right around eight million. So
I'd think that we could collect some of that from people who love pets.
April 24, 2018
Page 50
In fact, I'm willing to put up our business to help be a funnel and a
fundraiser for you guys if you guys want to do that.
In closing, the one thing that -- the one thing that stands out to me
the most regarding the sales tax is there's still a lot of unanswered
questions. If you vote to put this on the ballot, it is going to the right
people, albeit, to the Collier County voter to decide whether they want
it or not. But it is -- it falls solely on your shoulders to decide whether
the proper, correct, and full information has been disseminated to the
voter prior to them voting on that item.
I thank you for your time and trust your judgment.
MR. MILLER: Your next speaker is H. Michael Mogil. He will
be followed by Michael Dalby.
MR. MOGIL: Good morning, Commissioners, and everybody
else. I apologize for my voice. It's a minor case of the bubonic plague.
Nothing to worry about.
I'd like to go on record as opposing the 1 percent sales tax. I
really believe we are putting the cart before the horse. A first line of
defense involves doing all that can be done before we put a sales tax or
surcharge into effect.
My question, therefore, is, have we, commissioners, staff,
everyone else, done what they can do?
I know in talking about with people that there's some productivity
group or committee that's going to be evaluating productivity. I know
we have annual and periodic fiscal reports. And Commissioner Taylor
shared with me last week about the employee issue following the 2008
recession. But I don't know all the details of what's happened since
then. Have we hired new people? Have we laid off a people? The
total number isn't the number; it's what they're doing.
And what's missing really is an analysis of people and what their
functions are. In the Collier County public school system there are
nine people under the public affairs office. I spoke with Greg
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Page 51
Turchette, who's the coordinator of that office, and he says, oh, these
people are doing all of the functions. We just didn't have a place to put
them. But they're under the public affairs office.
Collier County public schools doesn't -- nine people in public
affairs. They need nine more teachers. So I don't know that the people
are in the right place, and I certainly don't know that they're in the right
places in Collier County.
This is something my wife and I do every year. We analyze our
budget. We have fixed expenses, mortgages, car payments, et cetera.
Everything else is up for grabs. We don't tweak around the edges. We
adjust.
And last year we got nailed in our small business by Irma. We
lost three weeks of business, and we lost customers because they were
dealing with their issues. We are still recovering. Give me a 1 percent
sales tax. I'm hurting.
I was just up in D.C., and I noticed that Maryland, as well as
D.C., has things called don't block the box at traffic intersections. The
whole intersection is hash marked. If cars are in that intersection
during a red light, they get ticketed and ticketed and reticketed.
I would like to propose two such budgets here to help with traffic,
two such locations to do that this year before tourist season:
Immokalee Road and Livingston, and Immokalee Road and I-75 exit
ramp northbound. I'll send you-all pictures. I took pictures of what it
looks like. Label the boxes. Make the people abide by the rule, ticket
them. It would help traffic flow.
Finally, when we do traffic studies, and we're doing that in a
couple of days with the community, and I can't be there, make sure that
you address --
CHAIRMAN SOLIS: Thank you.
MR. MOGIL: -- the number of people that are really traveling on
the roads and make sure it's realistic. Traffic studies are notoriously
April 24, 2018
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low on numbers. Thank you.
CHAIRMAN SOLIS: Thank you.
MR. MILLER: Mr. Chairman, your final speaker on this item is
Michael Dalby.
MR. DALBY: Michael Dalby from the Greater Naples Chamber
of Commerce.
So, first off, this has been quite a journey, and we appreciate
being able to work with you and staff on all these different issues.
Now, this was brought to us in the beginning was -- there were
issues that we felt needed to be addressed, and we weren't going to try
to bring up issues to be addressed without trying to figure out how do
we pay for these issues.
I think as we go forward on this discussion, it's really -- the
question is is not whether we're asking you to impose a sales tax. It's
asking to place the sales tax question on the ballot in November. So
that's really the question: Can we put this on the ballot and let the
voters decide?
Obviously, there's been points that have been made about
information that needs to get put out. We are certainly willing to work
with the county and to try to make sure that information is put forward.
There's some great white papers that have been provided on each one
of these projects that provide tremendous background and detail on
each one of the projects.
The majority of these projects are the county projects. The ones
that deal mostly with issues that we've talked about have been
workforce training and workforce housing. We continue to feel that
those issues are the important issues that we want to see go forward,
along with mental health.
I think as we discuss about how this sales tax applies, certainly
for the consumer and consumer goods -- that's the example that you
got on the dining room set. That's how that works. When we start
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Page 53
talking about how it impacts businesses, realize in Florida businesses
pay business lease tax. We're the only state that imposes a business
lease tax. It used to be at 6 percent. The legislature has been working
to kind of whittle that down. We, along with a number of other
chambers and the state chamber in the state have been trying to get that
tax to be taken off, removed, but it's still there.
And as you've calculated what the impact is in the gaining the
funds for this project, it is using, just like was said, existing laws of
how those sales taxes are applied today. It does apply on the business
lease tax, and there's not a cap on that one there. The business lease
tax has gone from 6 to 5.25, so it will go back up to 6.25 if this was
passed.
So you can just kind of see how these things all come to play
here. But it's all about trying to figure out a way to fund needs within
our county. And I think many times the statement has been made that
these are projects that need to be done. They are projects that our
community needs. They're projects that address a number of different
areas of need within the community.
So the idea is just to try to encourage to go forward and place this
on the ballot, and then let the voters of Collier County decide whether
this is a direction they want to go or they want to try to take another
direction to try to figure out ways to pay for these needs.
Thank you very much.
MR. MILLER: Mr. Chairman, my apologies. I have a name that
did not get called, or at least did not hear me call him. Richard
Hoffman, and he will be your final speaker on this item.
MR. HOFFMAN: Good morning, Commissioners. My name is
Richard Hoffman. I think you know me by now. I live in the
Orangetree section in Collier County.
And seeing that most of us are a little senior in years, maybe we
all remember the radio commentator Paul Harvey. And Paul Harvey
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Page 54
had a famous quote at the end of his radio show, "and now you know
the rest of the story," so I want to tell you the rest of the story.
The needs assessment that was given to the county, which you see
up on the board, the chart, is actually a combination of needs and
wants. The projects were submitted by the Greater Naples Chamber of
Commerce. And while we all agree that transportation is needed,
everything else after that, the facilities replacements and the
community property and community priorities, are all wants of the
Chamber of Commerce. And while they do benefit, indirectly, the
citizens, the primary beneficiary is the members of the Greater Naples
Chamber of Commerce.
Now, you may remember recently, if you read the Naples Daily
News, that the Naples Daily News has been chastising the Board of
Commissioners for not moving quick enough on this project and for
not approving everything. Well, I have to tell you the rest of the story,
and the rest of the story is that the publisher and the editor of the
Naples Daily News is also the chairman elect of the Greater Naples
Chamber of Commerce. So next year he's going to be the chairman.
So I see a little editorial bias, or however you want to look at it.
We should remember that he's not -- he's pushing a project that
benefits his membership, not us. I think we all just agree that we need
transportation.
Really quick, I want to mention the $33 million that the Sheriff
wants for a forensic evidence building. I call it CSI Naples. He's been
asking for that building for four years, and for the last three years, the
county has turned him down. The reason he wants the building is
because transporting evidence between buildings is difficult. Well, I
want to remind the Sheriff that we now have major advances in
computer technology, and it's possible to send this information back
and forth. So transportation is not a problem. If doctors can send CAT
scans across the country, the deputy -- or the detective looking at some
April 24, 2018
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information can certainly access it on the computer.
It's a want, $33 million want. It's been turned down three times
by the county. We should turn it down. It's just another example of
pork.
Thank you.
CHAIRMAN SOLIS: That was our last speaker?
MR. MILLER: That is it, sir.
COMMISSIONER TAYLOR: Yes. I wanted to address Mr.
Hoffman.
CHAIRMAN SOLIS: You want to --
COMMISSIONER TAYLOR: Yes, address Mr. Hoffman, if I
could.
CHAIRMAN SOLIS: Mr. Hoffman, Commissioner Taylor has a
question.
COMMISSIONER TAYLOR: A question.
MR. HOFFMAN: Should I --
COMMISSIONER TAYLOR: Yes, please.
MR. HOFFMAN: I don't know what the question is, but thank
you for acknowledging me.
COMMISSIONER TAYLOR: You mentioned you're from the
Corkscrew area, Corkscrew --
COMMISSIONER McDANIEL: Orangetree.
MR. HOFFMAN: Orangetree. Immokalee and Randall.
COMMISSIONER TAYLOR: You don't think Big Corkscrew
Park is going to be advantageous to your community?
MR. HOFFMAN: I do, but it should have been funded with
impact fees. It shouldn't be on this. We were promised that a long,
long time ago. Keep the promise. Fulfill your promise. Do it with
impact fees. Don't do it here.
COMMISSIONER TAYLOR: Just -- and I'm not going to debate
this with you.
April 24, 2018
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MR. HOFFMAN: No.
COMMISSIONER TAYLOR: No, no, no --
MR. HOFFMAN: I understand that it's in there, and I understand
everything you say.
COMMISSIONER TAYLOR: The General Fund has loaned the
Impact Fee Fund, which pays for infrastructure, $100 million since
2005. Growth doesn't pay for growth, sir.
MR. HOFFMAN: Okay. We shouldn't be doing what you're
doing, what you're saying we do, put pet projects in there to try and get
citizens voting. That's what I was talking about in the beginning when
I said a lot of this is pork to get everybody to buy in.
Stick with transportation. Stick with the roads. Revise -- I'm for
that. Transportation, Item 1, go for it. Thank you.
CHAIRMAN SOLIS: Thank you.
Commissioner Saunders?
COMMISSIONER SAUNDERS: Just a quick comment and then
a question; really a question for Commissioner Fiala because the
reason that this was continued last meeting was because you had raised
some concerns about some projects, and I thought maybe there may be
an opportunity to take a look at the list and secure your vote going
forward.
So -- but before asking you that question, there's been a lot of talk
about the cost of this to the taxpayer. Dr. Doyle talked about the $100
per individual or per family. And there is a cost. There's no question
about that, but there's also a benefit, a direct benefit to small
businesses, to people that commute to and from work.
I don't know how much it costs to spend 45 minutes extra time
commuting to work in the morning and 45 minutes extra on the way
back and doing that five times a week. There's a cost to that. There's a
cost for gasoline, there's a cost on the wear and tear on your
automobile or your trucks, and there's a small -- there's a wear and tear
April 24, 2018
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on your body as well.
And so we're talking about the cost, but we're not talking about
the benefits, and I think that that's a very important equation that we
need to look at.
I personally have no problem spending $100 or $200 in extra
taxes if I don't have to spend 30 minutes extra each morning and each
evening stuck in traffic.
And so I think that's -- that's very important for us to consider
that.
And then in terms of the project list, it's been a list that we've
talked about now for probably six months. I know that Commissioner
McDaniel has been opposed to this from the very beginning, but I was
a little surprised when Commissioner Fiala indicated she was going to
vote against this.
And the question I have for Commissioner Fiala, is there
something on this list that if we took it off the list that you would be
supportive? And that's just a quick question.
COMMISSIONER FIALA: Thank you. And I have my light on
anyway, so --
CHAIRMAN SOLIS: Fine.
COMMISSIONER FIALA: -- it's good. I can answer you legally
then, right?
I have been -- first of all, when it first came before us, I was
extremely quiet that day because it wasn't setting right with me. I just
-- I just couldn't -- I just couldn't wrap my arms around it, but then I've
been analyzing it. I just happen to have lots of notes here. My poor
commissioner friends here will have to kind of bear with me.
But as I was going through this list -- and I didn't just go through
it. I really studied everything on the list, everything that is wanted, and
I chose five that I feel are really important, and it would be nice to get
them funded sooner rather than later.
April 24, 2018
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The first one, the most important one, is the Vanderbilt Beach
extension. That's really important, and we need to get that thing going.
By the way, do we have the employees that can do all of that?
Because we're having a real problem in the building industry with
getting employees to work at all these things so we can collect the
money and speed it up; except if we don't have the employees to work
on it, that would be a problem. But that's my first one, Vanderbilt.
My second one is Pine Ridge Road. I think that's very important,
and I think that that's something we should really take care of.
The Golden Gate bridges, the old ones, we have to do that
regardless. This would help us to get it done earlier. I don't know if
we'll have the employees to do that, but that's an important thing. Not
the other bridges, because they're rather newer, but the Golden Gate
bridges.
The fourth one is Big Corkscrew Park because we have been
working on that for a while, and the people out there could certainly
use that.
And the fifth one is the mental-health facility. I don't believe that
we should transform the Sheriff's Office or the Sheriff's jail to be a
mental-health facility, because I think they have more important, more
-- they have experts over at the David Lawrence Center to do just that.
And I think if they have the land there, if we donated the money to this
and if we passed this tax, we should build it over there on the property
with the David Lawrence Center. And who knows, maybe they would
give us the property and not charge us for it if they could have it there.
I do not know that.
But those are -- after I went through the whole list, those would
be the ones. If we only needed those five, could we narrow that tax
down to either a half a cent or one cent for three years and that's it?
But then again, we heard today -- and I hadn't thought of this
before -- when Ron Kezeske said he found that it affected business,
April 24, 2018
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and the businesses -- I didn't realize how it would do that. And we're
trying to encourage business. We're not trying to discourage business.
So I'm not really solidly behind this as yet. I can see five things
that need to be done, but I'm just not solidly behind it. I'm sorry.
CHAIRMAN SOLIS: Anything else from Commissioner
Saunders?
COMMISSIONER SAUNDERS: I may have a couple comments
--
CHAIRMAN SOLIS: Okay.
COMMISSIONER SAUNDERS: -- in addition, but I'm going to
listen for a few minutes.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. And I certainly respect
your analysis of this, Commissioner Fiala, but I would like to ask staff
if we go to the sidewalks -- I'm not familiar with all these places, but
my understanding is Warren Street, that is Lely; is that correct?
COMMISSIONER FIALA: No. That's in -- well, it's in Lely. It
connects that to Naples Manor. And the sidewalks that you're speaking
of, I really analyzed that a lot, too, because we do -- but we have the
money coming in from CDBG funds, and that can be targeting.
I've begged them to use those CDBG funds and build these
sidewalks, because a lot of them are in Immokalee, some of them are
in East Naples, and they need to be done because they should have
been done years and years and years ago. They're still not done. So I
think we have the money coming in already. I would like to see it
dedicated to that rather than giving it out to other projects.
COMMISSIONER TAYLOR: Not the -- not CDBG funding to
increase the fire protection in the Bayshore area?
COMMISSIONER FIALA: No, ma'am. Right now I'm saying
the sidewalks, and not only that, but while they're installing the
sidewalk, I think they need to definitely put in streetlights in these
April 24, 2018
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areas that aren't very safe. I've asked them to do that, too, with those
CDBG funds because safety should be a prime concern.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SOLIS: Any other questions? Commissioner
Saunders.
COMMISSIONER SAUNDERS: No.
CHAIRMAN SOLIS: No light.
COMMISSIONER SAUNDERS: No questions.
CHAIRMAN SOLIS: I'll just say that, again, this is not the
Board approving the imposition of this tax. This is -- my view of it is
this is an alternative that's been brought forward by the business
community, number one. And there is some agreement that there are
projects that are very needed. I think even Mr. Hoffman was saying
that the infrastructure projects are needed.
And, you know, I hope that we can move this forward as an
alternative. It's up to the voters. If the voters are not interested in
funding these projects this way, then they've made that decision. It
hasn't been us. Or vice versa, if they want to fund it, then they have
the right to approve it.
I would also say that, again, the projections on funding this
through long-term debt, which is the way it would be, would be an
additional $100 million in taxes that we would have to use. That's the
county's revenue.
It's an additional $100 million at least in interest that would be
paid. We would have to pay that from somewhere.
And, you know, if I'm asked what's the most conservative way of
doing these projects that need to be done, it's paying less because,
ultimately, the taxpayers, we all have to pay for these projects. This is
our community; we fund all this ourselves. And, you know, paying
less is better than paying more, the way I see it.
I would like to move this forward. You know, I'm certainly open
April 24, 2018
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to discussing removing projects that, you know, people don't feel
comfortable with and even discussing if -- I don't know if it's too late,
but, you know, how much of it is needed. But I think we owe it to the
residents of Collier County to at least have this alternative and let them
decide.
Commissioner McDaniel, your light was on first.
COMMISSIONER McDANIEL: Yes, it was. Thank you, sir.
I would like to say -- I'd like to say a couple things.
Commissioner Saunders, you said it earlier. My position hasn't
changed. How long have we been talking about this initiative, County
Manager?
MR. OCHS: At least six months.
COMMISSIONER McDANIEL: At least six months.
And I said at the first meeting, at the first workshop, that I
couldn't support the initiative. We had a -- we had a PowerPoint
presentation given to us by staff that said we have a five-year CIP. We
have an AUIR process. These needs are already programmed in our
operational aspects of how we're doing what we're always doing.
I did say that -- and I was pleased that the Naples Daily News
perked up a little bit and started talking about this, because this is an
initiative that our community needs to know about and the whys. And
I've said regularly, there's no argument about these needs. These needs
have been created by the decision-makers as to where, how, and when
the taxpayers' money has been spent in the past.
I happen to share -- my personal opinion happens to share with a
lot of folks that are in opposition of this initiative. Originally when
this came to us, I actually said at the workshop talk to me about a
holistic approach. Talk to me about a bondable instrument. Yes, there
is interest expense associated with borrowing. There's no argument
there. But we also know that 30 percent of this revenue is generated
by -- approximately 30 percent's generated by the tourist community
April 24, 2018
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that comes here and visits and uses our infrastructure and, in fact,
leaves.
Talk to me about a dedicated funding source, talk to be about a
bondable instrument that could support these needs and, traveling with
it, a commensurate ad valorem reduction so we're not just raising the
taxes on the electorate of Collier County. I said that day one.
And I'm pointing at Greg back there just so maybe the editorial
board will know that my position hasn't changed. I'm not arguing with
myself.
I concur with Commissioner Solis that an initiative such as this
should go to the electorate to allow the electorate to decide. I can't
vote for that because of the pretense that I'm supporting this initiative
in its form and format, and I can't support this initiative in its form and
format. So just -- I've said my piece.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: A couple questions. First of
all, just so I understand what Commissioner McDaniel just said is that
you do support the voters having an opportunity to vote on this. You
don't support the tax, and I understand that.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER SAUNDERS: And I don't think there's
anything more Republican than letting the voters decide whether or not
they want to tax themselves. So I appreciate the fact that you see the
wisdom of at least the voters making the decision, and I understand
your personal objection to that.
There was an allegation made that this project list came to us
from the Chamber of Commerce and it's nothing but a bunch of
projects to benefit the Chamber and its members.
I don't see the list that way at all. I see this list as a list of very
important public projects. But I want to ask the question, because if
this list came to the county from the Chamber to benefit the chamber
April 24, 2018
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members, then I have a problem.
But, Mr. Manager, correct me if I'm wrong, but I believe this is a
list that our staff has developed based on what we need in this
community; is that incorrect?
MR. OCHS: It's not incorrect. I will say that the three projects
that the Chamber had the most interest in from the beginning -- and I
think Mr. Dalby just reiterated that -- was the need for workforce
housing, the need for workforce training, and the need that I think this
board has already expressed for addressing our mental-health issues in
the community.
COMMISSIONER SAUNDERS: On the career and technical
training center, my understanding is that Florida Southwestern
University -- or College has agreed that if the facility can be built, it
will be built on their property and that they will operate that facility.
MR. OCHS: That is my understanding as well, sir. I believe Bob
Jones is here, if you want any elaboration on that representing the
college.
COMMISSIONER SAUNDERS: I don't see anybody shaking --
MR. OCHS: Or confirm that.
Mr. Jones, are you confirming that understanding?
MR. JONES: Yes.
COMMISSIONER SAUNDERS: Okay. Just so the record --
because the yes won't show up on the record, but he's indicated --
MR. OCHS: He indicated yes.
COMMISSIONER SAUNDERS: The mental-health facility, we
heard from the Sheriff, we've heard from Commissioner Andy Solis,
who has taken the lead on mental-health issues, how important it is to
get people out of the jail and into a mental-health counseling and other
type of facility. That's going to save taxpayer dollars. It's a whole lot
more efficient, a whole lot more cost effective to provide mental-health
counseling and services in a mental-health institution or facility than it
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is in the county jail. And I assume that that's still staff's position on
that.
MR. OCHS: Yes, sir.
COMMISSIONER SAUNDERS: Commissioner Fiala has
indicated that she's not particularly supportive of this even if we just
limited it to five items. I'm not willing to do that.
So, Mr. Chairman, I think that we're going to move forward with
this today probably on a 3-2 vote; I understand that.
The county staff has already -- we've already indicated that there's
$100,000 available to inform the public, not to campaign; it would be a
violation of state law to campaign on this. But we can spend that
$100,000 to make sure that the public understands what the list is and
how this process will work. That will be on our web page. It will be,
I'm assuming, very well advertised.
I don't think there -- again, there's anything more Republican than
saying to the voters here's the projects, here's the process. If you like
this, vote yes. If you don't like it, vote no.
Mr. Kezeske indicated that 81 percent of the people that
responded to the poll have said that they don't like this tax. That
means it will fail, and that's fine. There's nothing wrong with having
that democratic process to let people decide whether they want this.
Mr. Chairman, that's the end of my comments. I'm going to
support moving forward with this with the current list.
COMMISSIONER TAYLOR: Do you want to make a motion?
COMMISSIONER SAUNDERS: I'll make the motion to move
forward with the current list.
COMMISSIONER TAYLOR: And I will ask that the motion
include this part of it, which has to do with making sure that within the
ordinance itself there's a reference to a web page.
COMMISSIONER SAUNDERS: This is language that was
prepared by Mr. Klatzkow.
April 24, 2018
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Mr. Klatzkow, do you want to go ahead and read into the record
what we're doing, or put it up on the visualizer?
MR. KLATZKOW: If we could put it on the visualizer.
COMMISSIONER TAYLOR: And then I'm going to second. If
you agree to the amendment, I'll second your motion.
COMMISSIONER SAUNDERS: If this is from the County
Attorney, then I have no issue with it.
COMMISSIONER TAYLOR: Yes, it is. It's his only copy.
COMMISSIONER McDANIEL: It's the proposed language that
you brought forward a couple weeks ago. It's very sage.
COMMISSIONER SAUNDERS: Oh, okay. I'll amend the
motion to include the proposed amendment to the ordinance that was
approved on first reading.
COMMISSIONER TAYLOR: And I'll second that motion with
the amendment. And maintain that the web page has PDFs on it,
which means they cannot be altered.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Motion carries 3-2.
MR. OCHS: Mr. Chairman, it's time for -- past time, frankly, for
our court reporter break, please.
CHAIRMAN SOLIS: Come back at 11:03.
MR. OCHS: Thank you.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, if you'd please take your
April 24, 2018
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seats. Thank you very much.
Mr. Chairman, you have a live mike.
Item #11A
RESOLUTION 2018-82: STAFF TO CONTINUE THE
IMPLEMENTATION OF THE COMMUNITY HOUSING PLAN
(CHP) BY PERFORMING THE FOLLOWING: (1) DIRECT THE
COUNTY ATTORNEY TO ADVERTISE AN AMENDMENT TO
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES RELATED TO IMPACT FEE DEFERRALS;
(2) APPROVE A RESOLUTION TO SUPERCEDE 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 AN
AFFORDABLE HOUSING PLAN INCLUDING MARKETING,
PUBLIC RELATIONS, AND COMMUNICATIONS
- 1) DIRECT COUNTY ATTORNEY TO ADVERTISE AN
AMENDMENT TO CHAPTER 74 OF THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES RELATED TO IMPACT
FEE DEFERRALS – APPROVED; (2) RESOLUTION 2018-82 –
ADOPTED W/CHANGES: ESTABLISH A NEW LOCAL
HOUSING TRUST FUND (NO LINKAGE FEE AND NO AD
VALOREM FUNDING); (3) INITIATE THE PROCESS TO
April 24, 2018
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ESTABLISH THE CREATION OF A COMMUNITY LAND
TRUST (NO LINKAGE FEE AND NO AD VALOREM FUNDING)
– APPROVED; (4) DIRECTING STAFF TO INITIATE A NEXUS
STUDY TO DETERMINE APPROPRIATE LINKAGE FEES ON
NEW DEVELOPMENT – MOTION TO NOT MOVE FORWARD –
APPROVED; (5) MOTION TO DEVELOP AN AFFORDABLE
HOUSING PLAN THAT INCLUDES MARKETING, PUBLIC
RELATIONS, AND COMMUNICATIONS – APPROVED
MR. OCHS: We're moving on to Item 11A this morning. This is
an item that was continued from your April 10th, 2018, BCC meeting.
It's a recommendation to authorize staff to continue the implementation
of the Community Housing Plan.
Mr. Giblin will take you through the presentation.
MR. GIBLIN: Good morning, Commissioners. Again, for the
record, my name is Cormac Giblin. I'm your housing and grants
development manager.
We are picking up on the implementation of Phase 2 of your
Community Housing Plan. If you'll recall, the Community Housing
Plan was accepted by the board on October 15th, 2017, with broad
community support, the support of various agencies that you see on the
screen.
Just a recap of where we've been to date is that after the
acceptance of the plan, on October 25th, the Board approved, on
December 12th, to move forward with an RFI process for the two
county-owned sites, and then on February 27th approved the first -- or
the next six of the recommendations in the Community Housing Plan.
A refresher, just -- the Community Housing Plan contains about
30 individual recommendations that are slated to be brought back to
the Board in a series over the next few months. This brings us about
halfway through with the conclusion of today's items.
April 24, 2018
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The five items that we'll be presenting to you today are
amendments to the Impact Fee Deferral Program, a recommendation to
establish a new local housing trust fund, to initiate the process to
establish a community land trust, to initiate a nexus study to determine
appropriate linkage fees, and a plan to develop a "housing that is
affordable" marketing and public relations community
communications plan.
At the meeting on the 10th, I was able to make it through the first
recommendation, No. 1, about the Impact Fee Deferral Program, and I
believe we had consensus to move forward.
Is that the recollection of the Board?
(No response.)
MR. GIBLIN: So then with that I'll start off on Recommendation
2, which was to establish a local housing trust fund. The benefits of a
local housing trust fund is that you can use a wide range of funding
sources that multiple parties participate. The trust fund would identify
potential uses, identify administration oversight, address the backlog of
affordable housing yet to be built, it allows the county to assist income
levels that are not available to be assisted with traditional federal and
state resources, and it creates leverage opportunities in the 10- or
25-to-1 range.
Some sources of funding that may feed into a local housing trust
fund are listed on the left hand of the screen. They would include
in-lieu fees, land sale proceeds linkage fee, philanthropy, perhaps the
sales tax, and the General Fund.
Then running them through the trust fund, which would prioritize,
give oversight, set goals, give accountability, and provide local
flexibility. The county has then its option to use those funds in a
variety of ways that are listed on the right-hand side.
It is also recommended that 10 percent of any funds that go into
the trust fund be set aside for seniors and those persons with special
April 24, 2018
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needs. A local housing trust fund allows you, the Board, to control the
funding locally.
The recommendation is to establish the trust fund as a depository
for locally collected affordable housing funding and approve a
resolution superceding a prior resolution that created an update, a
framework of oversight uses, processes, and controls. The resolution
is in your backup material.
Do you want to wait?
COMMISSIONER McDANIEL: And, Mr. Chair, I just would
like to ask a question how you wish to proceed. Do you want to have
staff go through their presentation and then us go back through
individually, or do you want to vote on these things individually?
CHAIRMAN SOLIS: I'd like to just go through the presentation,
hear from staff, and then we can have questions for each
recommendation. I mean, we've already gotten through No. 1, right?
We're agreed on that.
COMMISSIONER McDANIEL: Well, he went through that
individually, and then he started blowing through 2, 3, and 4, and I just
wondered about shift or not, so...
MR. OCHS: Sir, last time, for the first set, you did ultimately
vote on each one of those individually. But I think it would be helpful
for the staff to go through the full presentation --
CHAIRMAN SOLIS: Right.
MR. OCHS: -- answer any board questions, hear from your
multiple public speakers, and then come back and vote on each one
individually, if that works for the Board.
COMMISSIONER FIALA: I think that's --
COMMISSIONER TAYLOR: That's a good idea.
CHAIRMAN SOLIS: That's what I was going to suggest.
MR. OCHS: Very good. Thank you.
CHAIRMAN SOLIS: Let's hear the whole presentation.
April 24, 2018
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MR. GIBLIN: All right. The next recommendation is to
establish a community land trust. The recommendation is to work with
the County Attorney's Office to create the framework of a community
land trust.
Just a little bit of an overview: A community land trust is a
permanent non-profit ownership of the land which then leases the land
to the units that are built. The owner of a community land trust home
is required to sell it to a similarly qualified buyer at a restricted price.
That's all determined by a resale formula found in the ground lease all
known upfront.
By excluding the price of the land, the overall purchase price and
the monthly mortgage or rental payments remain affordable.
More history on the land trust is that it provides -- early examples:
Arten, Delaware, and Fairhope, Alabama. In Florida, several were
established in the early 2000s in response to the housing boom and
rapid rise in purchase prices.
There's no enabling legislation required for community land trust,
and they are a Florida not-for-profit with an IRS tax exemption.
The structure would be set forth in the bylaws and, typically, the
community land trust is a board made up of three groups: Residents of
the community land trust area, general members and public members,
which could be appointed by the Board of County Commissioners.
The land is considered a public asset, and the community land
trust stewards -- that community land trust stewards on behalf of the
community. There basic goals -- is to preserve the affordability of
units, preserve the physical quality of the units, and ensure the security
of the homeowner, and in most cases community land trusts operate as
independent organizations.
So the recommendation on this item is that you -- to give
direction for us to work with the County Attorney to create the legal
framework of an entity to become a land trust in Collier County,
April 24, 2018
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provide funding for legal costs, initial staffing, and logistical support,
and ensure county participation in the priorities and governance.
The next recommendation is to initiate a linkage fee study.
Linkage fees link new commercial and industrial development to the
affordable housing demands it, itself, creates.
It's a national best practice recommended in the ULI study as a
stable recurring revenue stream. There are several in existence in
Florida. High-wage and targeted industries can be excluded from the
linkage fee, and the housing plan recommendation is a nominal
$1-per-square-foot fee.
It's further recommended, and your existing Comprehensive Plan
Policy 1.9 of the Housing Element states that -- the county to explore
the development of a fair-share affordable housing ordinance that shall
require commercial and residential developments to address the lack of
affordable housing.
This chart gives an example of what a nonresidential linkage fee
would bring in in funding if it were enacted at some samples of 50
cents a square foot, $1 a square foot, $3 a square foot for the past few
years.
The recommendation, again, is to direct staff to initiate the
process of engaging a linkage fee nexus study to determine appropriate
linkage fees on new development as well as the maximum feasible fees
development can support in light of existing fees and other factors.
Again, approval of this item would not enact a linkage fee. It would
simply initiate the study.
And I do want to highlight that is the housing plan's
recommendation; that no matter what that study says, that we are
recommending that it be implemented a $1 per square foot. For a little
bit of background, the county did initiate a linkage fee study several
years ago, about 12, 15 years ago, and at that time the fees came -- the
justifiable fees that came back from the consultant were in the $30 to
April 24, 2018
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$40 per square foot range. Again, it is the recommendation that
whatever the study says it be implemented at a nominal $1 per square
foot.
CHAIRMAN SOLIS: Can I just ask a quick question? That was
a linkage fee study done.
MR. GIBLIN: Correct.
CHAIRMAN SOLIS: But it was -- a linkage fee was never
implemented.
MR. GIBLIN: Correct.
CHAIRMAN SOLIS: Okay.
MR. GIBLIN: The fifth recommendation to discuss today is to
develop a "housing that is affordable" marketing, public relations, and
communications plan. It would match -- it would provide a website to
match demand and supply and match developers with available
incentives. It would provide access to information and a one-stop
website that would provide an easy application process for developers
and applicants. Both developers and consumers would benefit. And
there would also be a communications plan to keep the public aware of
all of the efforts and impact of the housing plan as we move forward.
And, Commissioners, that is the presentation in summary. These
are the five items that we're recommending for approval today.
CHAIRMAN SOLIS: Thank you.
I believe Commissioner McDaniel's light was on first.
COMMISSIONER McDANIEL: You want to go to public
speakers first? I'm sure we have them.
MR. MILLER: Yes. We have twenty registered public speakers
for this item today.
CHAIRMAN SOLIS: You want to wait till after?
COMMISSIONER McDANIEL: I'd be happy to wait till the end.
CHAIRMAN SOLIS: Everyone wants to wait till after?
MR. MILLER: Mr. Chairman, we have 20 registered speakers.
April 24, 2018
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I'm going to ask the speakers to use both podiums. Your first speaker
is Pat Young. She's been ceded additional time by Joseph Mayer.
Could you raise your hand, Mr. Mayer.
(Raises hand.)
MR. MILLER: And also from George Danz.
(Raises hand.)
MR. MILLER: Okay. So Ms. Young will have a total of nine
minutes. She will be followed by Elliot Miller.
MS. YOUNG: Because housing is more than just a building, I'd
like to bring in some -- the topics of schools, amenities, and jobs.
Also, in the spirit of building a positive community engagement in this,
because there seems to be some differences of opinion here, I would
like to present the latest literature on this kind of thing; not just my
opinion.
And I'm suggesting that as we go forward with this housing that
we include -- consider including some of these guidelines that I've
come up with in the latest literature.
The first is to avoid locating affordable housing sites where there
is already a concentration of poverty. The newly identified locations
for affordable housing and its many forms are all in East Naples where
there are a significant amount of disenfranchised neighborhoods.
This happens, to a certain extent, by itself, but the unintended
consequences of government and associated non-profit policies have
concentrated extensive housing in certain neighborhoods, thus creating
a kind of segregation of low-income neighborhoods.
With the challenges imposed by poverty, the concentration
becomes a social justice issue, not just a building issue. So we need to
look broad. In fact, it is the social justice issue of the 21st century that
we cannot ignore. The 20th century sought racial integration. The
21st century is reaching out for economic integration.
And these words from the 1968 presidential Kerner Commission
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sound all too present. And I quote, Our nation is moving toward two
societies, separate and unequal, a society -- a country blighted by
ghettos and neighborhoods in which too many citizens are trapped by
poverty and race. It sounds -- unquote.
It sounds eerily like what is going on in Collier right now. And
it's most glaringly evident when we look at the schools. So the next
guideline: Schools.
When selecting sites for affordable housing, makes schools --
school economically needy levels a measure. At a town hall meeting
last week, a representative from Habitat said, and I quote, We should
be alarmed at the poverty level of our kids, unquote. Well, I am
alarmed, and so are many other people.
The percentage of economically needy students overall in Collier
is 67.63 percent. In the six elementary schools in East Naples, the
percentage is a jaw-dropping 90.09 percent. In Collier County, where
a sense of well-being is number one in the nation and Blue Zones find
a place most receptive to its philosophy, poverty levels are
astoundingly high and concentrated in some locations. So how will
this go unnoticed? Who knows.
Why is the high number of needy in school a problem?
Educational research proves that the best way to improve the academic
and social and upward mobility of poor children is to be sure there is a
mix of economic levels in a school. Clearly, if East Naples
economically needy level in elementary schools is 90.09 percent, that's
not happening. There's no mix, and we really need to work on the mix
as we go forward with the housing.
For those who say that this is a "not in my backyard situation,"
please take note. We are neighbors concerned about the welfare of our
neighbors. I live adjacent to a school that has over 95 percent
economically needy students. For me it's a comfort level because I
grew up and attended a similar elementary school in inner city
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Philadelphia.
Here in Naples my neighbors are reaching out to help with
donations of food, of school supplies, and volunteering. The teachers
work hard. And there's a Cambridge program in the school, but this
only takes kids so far.
I have witnessed, through my professional work in schools
outside of Washington, D.C., the magic of the economic mix. It can
make a tremendous world of difference for these kids.
So what can we do? Maybe we need school busing, like in Lee
County. Maybe our Collier workers live in Lee not just for housing
prices but because they can choose a school for their kids with buses
provided, or we could create magnet schools to draw middle-income
kids to schools in poor areas. Then we get a mix.
A public school magnet program was my steppingstone out of the
ghetto. It changed my life socially, culturally, as well as academically.
Third guideline: Make it a policy to not use sites in
disenfranchised neighborhoods that are planned for amenities. We
already spoke this morning about the amenity, the -- I think it's the
Corkscrew Park. We know the importance of that, and even more so
in a neighborhood where their kids are really poor.
One of the selected properties is for Manatee Park, which backs
up onto Manatee Elementary School with an extremely high level of
economically needy kids and schools already filled with many portable
classrooms already, and the 60 acres of this park have been on the map
40 years as a park. As of yet, no recreational improvements have been
put on it, but people do use it. And park amenities can be added in the
future when there is funding. More land cannot be created. So we
really need to be cautious of where we put this.
And one other site which I know is not out there right now is a
place that we're going to put affordable housing -- it's only quietly
discussed -- is the 17 acres on Bayshore Drive. In 2012, the Collier
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planning board approved the 17 acres to become a cultural arts village
with 40 housing units. It was to be the highlight of the area, a way to
renew and improve a neighborhood which had been crime ridden and
run down, and a source of pride for the neighborhood.
But now 244 housing units are proposed, including affordable
housing, leaving less land for the culture center and changing the sense
of a special destination.
So, like the damaging effects of economic segregation in schools,
the removal of amenities like parks and cultural features assists in the
decay in these neighborhoods.
I spoke here several weeks ago about how I would enjoy a
cultural arts center, but I'm here to talk about the welfare of the kids.
The school that's located there has over 95 percent economically
disadvantaged, and they would benefit immeasurably from this. It
does work. For example, in New York City, they have the New York
City National Dance Institute in the Harlem School of the Arts, and
even here in Naples we have Kids Act. These amenities have aided in
helping kids grow positively.
So the cultural arts village could be the anchor for -- also for a
magnet program at the nearby elementary school.
Doing research for this program today, I shockingly found
mention of where I grew up in my childhood neighborhood in inner
city Philadelphia. It's mentioned in what is now considered, like, the
bible of things that we're talking about today and the criteria that
should be used for housing and schools.
In my neighborhood nothing was ever done. Now, over 50 years
later, it's listed in this book as one of the 30th -- 30 worst
neighborhoods in the country. Now, we don't want that to happen to
Manatee, or we don't want that to happen to Bayshore. So let's keep
these amenities in mind. They're very, very important.
Last guideline: For the overall health of our economy, plan for an
April 24, 2018
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economically diverse range of housing with economically diverse
schools. The school situation directly impacts the economic one. The
economists call it spillover effect. And to that end, in the April 9th
edition of the Economist magazine -- now, we're not talking schools,
we're not talking housing. We're talking straight economy here. What
they have said is that there's a need to mix school populations for a
positive economic future. It's no longer just a discussion of schools
and housing. It's about bread and butter.
Also, Arthrex has given us the wake-up call. It's not just about the
housing crisis. Arthrex owner has said there is not enough of a trained
base here.
So building human capital starts in elementary schools, and I
hope that you will consider all of the things that I brought up today.
Thank you.
MR. MILLER: Your next speaker is Elliot Miller. Mr. Miller
has been ceded additional time from Phil Brougham.
(Raises hand.)
MR. MILLER: And from Jesse Fritz.
(Raises hand.)
MR. MILLER: From Elizabeth Smith.
(Raises hand.)
MR. MILLER: And from James Smith.
(Raises hand.)
MR. MILLER: He will have a total of 15 minutes, and he will be
followed by Gary Lubber (sic).
CHAIRMAN SOLIS: And I'm just going to -- I'm just going to
stress, we have five proposals in front of us, and hopefully the
discussion and the comments is going to relate to those.
ELLIOT MILLER: Relate to one of them, to one of the five.
CHAIRMAN SOLIS: Okay.
ELLIOT MILLER: It's going to relate to No. 5, which is the
April 24, 2018
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program for marketing communications and public relations.
CHAIRMAN SOLIS: Okay.
ELLIOT MILLER: And I will say that successfully marketing,
communicating, and having a good public relations campaign depends
on -- in terms of affordable housing, that's what we're talking about --
depends on three elements of the public perception and three elements
of public trust, and those three are: Compliance with the law, fairness,
and prudence.
And we have to look at the affordable housing proposals that have
been made and are pending in terms of how the public is going to see
them in terms of the public relations that you're talking about.
Let's talk about the first. How does the public see compliance
with the law? Florida Statutes Title 11, Chapter 163, states that a
housing element should contain housing principles, guidelines,
standards, and strategies for -- and the next is a quote, "to avoid the
concentration of affordable housing units only in specific areas of the
jurisdiction."
That follows Florida Statute Section 420-0003, Subsection 4,
which provides for the development of housing based on geographic
distribution of resources. In other words, dispersion.
And how does the public see dispersion of affordable housing? If
you live in District 1, you see it very badly. If this board wants to have
successful marketing of affordable housing, you have to have a public
perception that the law is being complied with, and you have to have a
public perception that there is bonefide good-faith dispersion.
Secondly, how does the public see fairness in the public housing
that's being proposed now, affordable housing?
Well, Section 163.3177 requires considerable amount of studies,
analyses, and those studies and analyses are supposed to be shown --
show the need for the development of affordable housing.
Now, how is that being done? Well, it's being done as though
April 24, 2018
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affordable housing is just like any other zoning proposal. Where
there's a typical zoning proposal, a developer goes and signs a contract
to buy a piece of property subject to a zoning change. He's got money
at stake, and he wants to know if his project is going to turn out
successfully. So he's willing to pay for a study which analyzes all of
the things that Section 163 requires for community housing.
But what we're talking about in the affordable housing area is
something different. For example, Mrs. Young mentioned Manatee.
The proposal for Manatee is to give $3 million worth of land, 59.3
acres, free with no requirement to write a check for impact fees to a
developer.
Now, the typical approach to public relations would be to have an
independent study of whether this is a good idea because if you leave it
up to the developer who is getting land free, no impact charges, he's
going to have a study that says it's a great thing for the community.
He's not going to have an independent, objective analysis done. He's
going to have an analysis done that supports his getting this property
for nothing.
And people are going to realize that. If you want to have the
public trust, you have to have an aura of fairness. And it doesn't seem
fair to have a developer who's getting a lot of land for nothing do the
studies as opposed to having an independent study done.
Now, I want to emphasize that I am not suggesting that the county
do the study; you're not in the business of doing that. I am suggesting
that you choose, supervise, and pay independent consultants who will
provide objective and dispassionate analysis of the facts, not just
justify giving away a lot of land to a developer. So that's another
perception of fairness that needs to be done in terms of your public
relations.
Here's another one. When we have these affordable housing
projects, there's the creation of an entity called a stakeholders
April 24, 2018
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committee. Now, again, using Manatee as an example, who are the
stakeholders? The stakeholders on that committee are developers. In
fact, developers who just develop affordable housing. They're realtors
who sell and lease affordable housing. The chairman of the committee
was from Habitat for Humanity. These are people who have an
economic and career interest in seeing the affordable housing done at
that location.
The real stakeholders, the people who you would want to have
view as a public perception of being honest and fair and trustworthy,
are the neighbors. The people in the neighborhood on Manatee Road
and Roost Road who live in modest circumstances who send their
children to a school which, as Mrs. Young described it, is based in
trailers, is overcrowded, they have two-lane streets, which can't absorb
a huge amount of additional traffic. There is no study being done of
infrastructure needs. And all of this is being pursuant to a stakeholders
committee which is imposing on these real stakeholders a transaction
which is for the economic benefit of the committee members.
Now, that's not perceived as fair. And if you're interested in
public perception, if you're interested in marketing affordable housing,
that's not the way to do it.
Finally, I would mention -- the third consideration I mention is
prudence. Rather than simply give away property to a developer, it
would be viewed prudently by the county if you went to HUD's
affordable housing office and got a grant, not a loan, but a grant from
the Home Purchase Partnership Program to buy any of the over 1,000
housing units available in Collier County which are priced less than a
quarter of a million dollar.
In the face of that -- of not doing that, of ignoring these grants,
which are for low-income people, by the way -- in the face of ignoring
these grants for low-income people and instead giving away county
parks, the county does not look prudent. In fact, it would appear to the
April 24, 2018
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public to be profligate. None of that is what you want to convey.
So if you want to convey an aura of law compliance, fairness, and
prudence, you've got to do it differently. Thanks.
MR. MILLER: Your next speaker is Gary Lubber (sic). He has
been ceded additional time from several people: Bill Killeen.
(Raises hand.)
MR. MILLER: Joseph Vaccaro.
(Raises hand.)
MR. MILLER: Paul Mitchell.
(Raises hand.)
MR. MILLER: Lenore Meurer.
(Raises hand.)
MR. MILLER: Oh, I see her.
James Hayes.
(Raises hand.)
MR. MITCHELL: And Barbara Smith --
(Raises hand.)
MR. MILLER: -- for a total of 21 minutes, and Mr. Lubber will
be followed by Robert Priestley.
MR. LUBBEN: Good morning. For the record, Gary Lubben. I
won't use all 21 minutes, I promise you.
Thank you for the opportunity to present. I'll try to stick to my
words that you can hopefully all see on the screen.
If the County Manager can just throw this up, I'll reference it
briefly.
So on the 10th I was here in front of the Board, and I raised some
issues and offered some recommendations to enhance the housing
plan. The housing plan -- the county staff completed a fact-check
document, which is reflected here -- that's really all you need to see --
which they are required to do. I fairly acknowledge that that's
something they need to do. It was at a request of Commissioner
April 24, 2018
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Taylor, which is certainly her right to do that. Subsequently, I will
refer to this just for ease as "the response."
So Commissioner Taylor made extensive use of this response in
her 4 -- recently conducted 4/17 town hall meeting where she criticized
and sought to refute the comments I made on 4/10, and several
meetings attendees informed me of this.
Neither Commissioner Taylor nor the county staff reached out to
me prior to the meeting on the 17th. I believe such outreach should
have been reasonably expected and, frankly, I believe, would have
been helpful to address areas of misunderstanding or misinterpretation.
To be clear, I was not at that meeting and, hence, had no ability
during the meeting to respond to any questions.
Additionally, Commissioner Taylor was quoted in this document.
This is -- whoops, sorry -- in the Marco Eagle on the 20th as having
said my presentation included some, in quotes, pretty erroneous
statistics. So that pertains to data, numbers, percentages, and statistical
measures to reflect the, you know, population.
And, moreover, her comments in the article implied I made
comments suggesting -- challenging the integrity of the process used.
The response challenged two elements, as what I can see, of
reviewing their document, two elements of data I presented on 4/10.
One pertained to the number of dwellings less than 250,000, and the
other pertained to the proportional representation of affordable housing
in the East Naples ZIP codes.
I dispute the comments made by the county staff regarding these
two elements, as I shared, and I'll go into a little bit more detail.
While I certainly raise elements -- issues with the elements of the
housing plan, I made no statements in my presentation challenging the
integrity of the process used. In fact, I believe the county's comments
about the steps they employed to engage the community at large in the
plan's development were helpful, and I accept them at face value.
April 24, 2018
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I appreciate the opportunity to respond and offer some additional
perspectives on the county's assertions.
So can we go back to the screen? Not that one. The screen
screen. Sorry.
And then I've got to go -- so that's just basically what I covered.
How do I advance this lovely little thing?
MR. OCHS: Arrow down.
MR. LUBBEN: Arrow down. Okay.
Next slide.
In the response, county staff implied I asserted the county does
not have federal and/or state obligations to address affordable housing
in my presentation. I disagree with this conclusion.
I believe my 4/17 presentation included discussion of affordable
housing obligations under Florida Statute. In my opinion, it should be
clear I understood the county has affordable housing legal obligations.
I stated addressing affordable housing shortage was a legitimate
endeavor for the county. I offered comments -- my offered comments
were intended to highlight issues I saw in the plan and to suggest ways
to improve the county's housing plan.
Now, throughout this document -- and I apologize. I'm a cancer
survivor, so I lost a salivary gland, so I get a little dry, so you'll forgive
me.
Throughout the document you'll see things in bold blue. It says
"opinion." This is my opinion. The county's housing plan should
advance strategies that promote socioeconomic diversity through the
county. I appreciate Pat's comments; promote inclusion and upward
mobility of all county residents including the next generation. I think
that relates to Pat's comments; promote actions to address existing
concentrations of affordable housing. I think that addresses comments
made by Elliot as well as Pat; preserve legitimate citizen input; and
prevent bureaucratic overreach.
April 24, 2018
Page 84
The response asserts my 4/10 presentation states all dwellings --
"all" dwellings valued at 250,000 are available. I think this comment
misconstrues the meaning of "available" in my presentation. To be
clear, I use the word "available" to mean in existence, which should be
clear from context.
My inclusion of NABOR's closing data make plain I knew not all
dwellings are offered for sale at a point in time. I included dwellings
valued at less than 250,000 to quantify the existence of significant
numbers of moderately priced dwellings.
The response asserted that the East Naples area mix of affordable
housing is proportional. I understand the staff arrived at this
conclusion by only including the approved affordable housing units.
While the East Naples area represents proportional shares of total
dwellings and approved affordable housing, 37 and 36 percent
respectively, the East Naples area has over 52 percent of all county
dwellings valued at 250,000. And of the dwellings in East Naples, 65
percent of them, in fact, are valued at 250,000.
Based on these facts, East Naples already has a high
concentration of approved affordable housing and dwellings valued at
less than 250,000.
My statement on 4/10 about the relatively modest proportion of
either approved affordable housing or dwellings valued at less than
250,000 in North Naples and the City of Naples was also not addressed
nor acknowledged in my presentation.
These are the data; I won't go through them. I corroborated them
with county resources. You can look at them. I won't cover them
further, but they're included.
While it's obvious not all dwellings valued at 250,000 are for sale
at any given time, in Calendar Year '17, for single-family dwellings
and condos, 8,815 were closed. Of the '17 closings, calendar year,
3,875, or 44 percent, of them were valued at less than 300,000.
April 24, 2018
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Certainly, some of these could quantify as affordable.
The response implies I advocated an approach that would
constitute redlining. Nowhere in my presentation did I advocate
redlining, a known illegal activity. My presentation recommended the
avoidance of concentration and a more equitable dispersion of
affordable housing throughout the county. That's what I suggested.
My references to select ZIP codes sought to illustrate how four
ZIP codes skewed countywide median statistics for home values.
That's all its intent was to do.
Opinion: Where required by law, the county should utilize
countywide median statistics in the formation of its housing plan, but it
would seem prudent, wherever possible, to also consider and address
the unique aspects of the Collier County housing market as the county
formulates its housing plan, i.e., how select ZIP codes can influence
countywide statistics, which was what I was trying to say.
These are the data. These are a summation of condos and
single-family dwellings from 2017. And you can see the numbers.
They're illustrated there: 3,875 had a value of closing less than
300,000. And I will just remind you, those do not include pending,
and they do not include inventory. So those numbers are actually
greater, but I won't make a point beyond that.
Next slide. While the response alludes to the existence of
articulated goals/metrics, and tracking mechanisms, these are not
included in the plan document. My 4/10 comments that there were no
goals for geographic dispersion metrics and tracking mechanisms in
the plan were thus appropriate.
Opinion: I believe such goals/metrics and tracking mechanism
should be included in the plan and approved by the Board of County
Commissioners.
While the response asserts geographic dispersion is not expressly
required by statute, avoidance of concentrated affordable housing is an
April 24, 2018
Page 86
obligation under federal housing act -- Fair Housing Act; however, the
response acknowledges the essential point I was trying to make on
4/10, i.e., preventing the concentration of affordable housing is
required of the county. To me it's a distinction without a difference to
say, we're not obligated to do, you know, geographic dispersion, but
we are obliged to prevent concentration. To me that's a distinction
without much of a difference, but that's an opinion.
Opinion: I believe preventing concentration and promoting
geographic dispersion, therefore, are essentially equivalent.
My next opinion: Common sense and published scholarly
research studies, as Pat alluded to, suggest avoiding just concentration
or clustering can translate to better performing schools and more
socioeconomic opportunities for residents.
The response asserts strategies to enhance certainty and provide
regulatory relief to developers are core elements of the housing ULI
recommendations. And while acknowledging the intent of the
strategies, my 4/10 presentation sought to highlight some of the risks
of those strategies.
Opinion: Administrative changes, if not carefully constructed,
can severely limit citizen input and may undermine citizen support for
the housing plan.
The response reacts positively, in fact, to my 4/10 proposal to
require in-lieu land donations to come from the ZIP code area with the
commercial development is proposed. I appreciate their support.
Opinion: I continue to believe this recommendation should be
incorporated into the housing plan when it comes in front of the Board.
I believe it is a means to help avoid areas of affordable housing
concentration. I believe such geographic dispersion will promote
socioeconomic diversity, inclusion, and upward mobility of citizens.
These should all be good things.
CHAIRMAN SOLIS: Sir, can I just ask, before you run out of
April 24, 2018
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time, is there anything you want to say about the four proposals?
MR. LUBBEN: Yes, I'm getting -- I'm getting there.
CHAIRMAN SOLIS: Okay.
MR. LUBBEN: Thank you. It gives me a reason to take a drink.
The response states my comments regarding HOA fees were
incorrect. My 4/10 comments were intended to suggest the inclusion
of such fees was not explicitly mandated in statute. I believe my
comments were accurate; however, the response has now supplied
their rationale for the inclusion of HOA fees in computing housing
costs, and I have been unable to corroborate them.
The response appears to assert the county has an obligation to
address workforce housing for the entire gap segment. My 4/10
presentation merely asserted there was not an unambiguous obligation
on the county for the entire gap segment. Neither Florida chapters you
can read there appear to explicitly mandate the county address housing
for the entire gap segment.
My recommendation -- and I'll stand by what I said -- was the
formal legal assessment should be conducted to confirm that the
county is, in fact, obligated, and I continue to advocate that.
Based on the Shimberg data, 16 Florida counties' median existing
single-family dwelling prices exceed the Florida median of 225,000.
Do all such counties comply with the asserted obligation to support the
gap segment? I don't believe that's true.
Check for -- you know, these I got from the Florida Housing
Shimberg Center. There's 16 counties; you can look at them. The
individual I spoke to, Anne Ray, works for the University of Florida,
told me the median price is 225,000. You can read them. All of them
exceed that in terms of their adjustments, so they should be all doing
this for the gap segment.
And based on a comment that Mr. Giblin made to me in an
inquiry I made of him, I understand that Lee County does not. So it's
April 24, 2018
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just a little confusing how it -- because it becomes an obligation. So
that's my point.
The response asserts the use of a land trust non-profit partner
reduces the county's administrative burden, and this may, in fact, be
valid. Regardless, my comments were focused on the 99-year lease
option and the associated risks with the approach, and the response
asserts strict underwriting criteria are employed. So I'm offering an
opinion. Underwriting criteria and regular audits of the county's use of
funds for affordable workforce housing should be required as part of
the plan, and I don't find them in the plan at present.
The response asserts a portion of the grant funds are needed by
the Housing Department to support required compliance, and while
compliance obligations exist, I acknowledged them, the point of the
4/10 comment, a recommendation sought to challenge the
proportionality of those funds.
Opinion: It would seem prudent and reasonable to expect some
measure of leverage or efficiency to be gained in the meeting of these
compliance obligations irrespective of the number and magnitude of
the grants received. And in the budgeting process for the county's
Housing Department, I believe such expectations are, in fact,
reasonable.
Last slide. Told you I'd be done early. I appreciate
Commissioner Taylor's passion for addressing the county housing
challenges; I really do. I agree the county has a legal affordable
housing responsibility to do so. I support addressing the housing
challenges in the county. I'm not in conflict. I'm trying to make things
better. I'm trying to propose ways to improve the housing plan and to
avoid further concentration of affordable housing, owned and rental,
and dwellings less than 250,000 in the East Naples area, which I think
we could hopefully all agree is already highly concentrated in that
regard.
April 24, 2018
Page 89
Opinion: I said I'll start -- well, I'll end what I said (sic), is the
county's plan should advance strategies that promote socioeconomic
diversity, promote inclusion, and upward mobility, including the next
generation. I care about the next generation, too. And concentrating
those kids in non-diverse communities with poorer performing
schools, I think we can agree on that, is not a good solution for that
next generation. That's not helping this county.
Promote actions to address existing concentrations, preserve
legitimate citizen input, and prevent bureaucratic overreach. I believe
the degree to which the housing plan provides for the county to support
gap housing residents making 90- to $100,000 represents an
unnecessary use of taxpayer funds. I believe the existing stock of
existing homes valued at less than 250,000 and private development
can address this need.
And last, the county is free to review and fact-check this
presentation, if you'd like. I hope the county reaches out to me if they
have any questions about my comments today, and I thank you very
much.
MR. MILLER: Your next speaker is Robert Priestley, and he'll
be followed by Jean Kungle.
MS. KUNGLE: I'll waive it.
MR. PRIESTLEY: And, good morning. Actually, afternoon
almost. My name is Robert Priestley. I live in the Lakoya subsection
of Lely Resort, and I'm a member of the board -- the HOA board there,
and I'm here on the board's behalf.
Lakoya is comprised of about 365 private residential homes. I
really have several comments to make, but I don't need to reiterate
what was stated by the prior speakers other than to say that I think they
were spot on.
I question the need for government involvement in the issue of
affordable housing. As Commissioner Fiala stated or commented, at
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least I read it in the paper, this issue can and should be addressed by
the fair market. I don't think the government needs to be involved,
number one.
Number two, your stakeholders committee had a very pro
affordable housing agenda. It should have included far more residents
from the various areas throughout the county.
And, lastly, if there is a need for affordable housing, I think it's
clear that it needs to be equitably distributed throughout the county.
That's all I have. Thank you.
MR. MILLER: Your next speaker is Jean Kungle. She'll be
followed by Nick Kouloheras.
MS. KUNGLE: I'm not going to speak.
MR. MILLER: Ms. Kungle has waived.
Your next speaker is Nick Kouloheras. He will be followed by
Steven J -- I'm sorry. I'm having trouble reading this.
MR. HRUBY: Hruby.
MR. KOULOHERAS: Good morning, Commissioners. My
name is Nick Kouloheras, and I come before you today as a full-time
resident and taxpayer of Collier County.
The housing issue that we face is large in scale and extremely
complex, to say the least. There is no silver bullet that is going to solve
the issue. It is only with forward thinking that we would create enough
tools to let the private sector help solve the issue.
What is being proposed here today is not groundbreaking or on
the cutting edge. The proposals that are before you have been used
around the country with great results.
What we need to come to grasp with as a community is that there
is a problem, and we need to bring the private and public sector
together to help provide opportunities for hardworking families to live
where they work. The housing plan simply provides a toolbox of
items to help the private sector address the issue.
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We have to get away from the mentality of "I have my slice of
cake. Now no one else is allowed a slice." A thriving, sustainable
community is one that looks at its overall needs and does its best to
create the path of least resistance for those needs to be met.
Are there items within the housing plan that need to be studied
and reviewed more? Of course. But I encourage you to keep the ball
moving forward. There is a reason why almost every employer in
town has identified housing as their number-one concern. It is a true
problem, and I believe the role of our government is to create the
opportunities that allow the private sector to address the demand. Let's
work together as an example of how private and public partnerships
can work to help address major issues.
I will close with one of my favorite quotes by Admiral Halsey
who said, "Obstacles are what you see when you take your eyes off
your goals." Let's keep our eyes on the goal and move the plan in the
right direction.
Thank you for your time.
MR. MILLER: Your next speaker is Stephen Hruby. He'll be
followed by Shelley Rhoads Perry.
MR. HRUBY: Good afternoon. I think it's almost afternoon,
Commissioners. My name is Steven Hruby. I chair your Affordable
Housing Advisory Committee, and I have been involved in this for
almost a decade with you folks.
I'm going to be brief. I just want to highlight the fact that these
tools are just part of a coordinated multi-layer set of strategies that will
work in concert with each other to achieve more affordability for
housing conditions for everyone in Collier County.
It's been the goal for the past two years or more that we've done
the ULI study and developed the community study that it's not been
about the efficacy of any one particular of these particular strategies.
Not all -- we don't need to have every one of them and every one of
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them in the present form.
It's how all of them work together and how we can build a tool kit
to be able to toggle these on and off when they're necessary and when
the market conditions need to be either incentivized or disincentivized
to do certain things.
So we can't look at these as -- focus on one strategy and say this
strategy is going to drive the entire plan or this one strategy we are
going to throw out the whole plan just because we don't agree with one
or two strategies. It's a comprehensive plan.
This is not solely an issue of housing, as we all know. It's an
issue of economic diversity and economic growth and sustainability.
It's about a retention of our youth, retention of our brain power. It's
about attraction of new innovative businesses. It's about sustaining the
workforce that makes the quality of life that we all enjoy possible here
in Collier County.
Let's not lose sight of what the goal was when we did the ULI
study and we developed this plan over the past two years. That is, it's
about housing that is affordable for all Collier County residents. That's
the goal. And let's not lose sight of it by focusing on one or two of
these strategies or issues.
Thank you.
MR. MILLER: Your next speaker is Shelley Rhoads Perry, and
she will be followed by Michael Dalby.
MS. PERRY: Good afternoon. My name is Shelley Rhoads
Perry. I'm a Collier County resident.
I have a company working out of the accelerator. We are focused
in the Senior Services space, and we've been developing a senior
affordable housing program that incorporates home-share matching
and rentals and also ownership, but we're really focusing on the
home-share piece and the rental piece.
Our criteria have been we must use existing housing inventory;
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the locations must be throughout Collier County, not in one area or
district; it must be scalable. We need to help hundreds, not just one or
two; we must incorporate a cloud-based platform, but we don't need to
reinvent the wheel; we need to capture data that helps us make
decisions on some of the other plans in place; we must include an
opportunity for a public and private partnership; and it must be
economically feasible. We need to show profit, because part of our
purpose is to create jobs.
So I haven't seen the concept of home share mentioned in any of
the housing plans, and I think it's probably because of the age of the
people in the ULI and our age. It's not something that we're really
familiar with, but it's a very good approach for seniors because it has
both social and economic benefits.
It really helps with the problem of isolation for both the
homeowner and the renter, and it presents an opportunity to have a
companion pay you instead of you paying a home healthcare agency.
But the home-share idea works equally well as a workforce
housing solution. My 28-year-old daughter recently moved to Denver
and is sharing a home with a married couple. The couple listed their
home-share on Trulia and went through 100 applications over five
months before finding my daughter. My daughter responded to many
other postings and interviewed at least 10 over three months. This had
a happy ending, but it is not a scalable strategy.
If Trulia and Craig's List were enough to solve this part of the
problem, then we wouldn't be having this conversation. If we want to
make a meaningful impact, we have to offer a targeted, efficient
solution.
Now, I understand the affordable workforce housing issue is
incredibly complex, but I do believe it's possible to move forward if we
break it down and focus on what can be done now without land or
buildings or zonings.
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So I would ask that you give a green light to Item No. 5 and allow
companies like mine to work with staff to produce practical, timely,
and measurable results, and we absolutely can provide information that
will help decision-making for you going forward.
Thank you.
MR. MITCHELL: Your final public speaker on Item 11A is
Michael Dalby.
MR. DALBY: So michael Dalby with the Greater Naples
Chamber of Commerce.
Again, thank you for working on this issue. And your Housing
Stakeholder Committee and staff have worked, it's nearly two years, on
this in the most recent iteration and trying to bring before you these
different tools and tool kits that you're able to use.
The housing issue is one that, from the Chamber's standpoint, we
hear from so many of our businesses, so many of our tourism and
hospitality services, health services providers, not-for-profit agencies,
government agencies; everybody is trying to deal with this issue.
This push today is to give you those opportunities to select from
these different choices the ones that can be most helpful.
The actions that you're considering almost all require additional
hearings and actions and public comments that your vote will allow
this to go forward and allow this continued discussion. I would just
encourage you, as you listen to a lot of the voices of opposition, they
basically are just saying, I don't want this in my backyard, and I
completely can understand --
AUDIENCE MEMBERS: No, no, no.
CHAIRMAN SOLIS: Let him speak, please.
MR. DALBY: Wow.
CHAIRMAN SOLIS: Come on, now. Let's -- everybody's had
their opportunity. And let's be courteous to Mr. Dalby. Everybody
else was courteous to the other speakers.
April 24, 2018
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MR. DALBY: Thank you.
There's a lot of land. There's a lot of opportunities in Collier
County. There's a lot of activity centers where we can look at where
housing can be built and realizing that this housing is oftentimes for
those teachers, like the ones that stood up in other meetings, our public
service workers who serve us every day, the people who serve us in
our restaurants, the people who serve us throughout this entire
hospitality economy.
What we don't hear from oftentimes is that workforce. You don't
hear from them. That's because they're working. They're not able to
attend these meetings. They are working and serving us every day,
and they're constantly looking for housing.
Now, we can say, go someplace else, find your answer someplace
else, but pretty soon those individuals will say, it doesn't make sense
for me to work in Collier County. I can work someplace else. And
then we start degration -- degradation of our service, which our service
economy is critical. It's what practically makes up our entire economy.
So that's why we've chosen to address this issue. We know
there's lots of different choices that you can choose from on how you
address the issue, and some you may accept and some you may not.
But I think being able to keep as many tools in your toolbox as
possible as you go forward trying to address this issue, working with
the private sector and public sector, not just trying to get a market rate,
because if you just build market-rate apartment, those market-rate
apartments are going to be $2,000 for a one-bedroom apartment.
So the idea here is to give you lots of options, lots of tools to try
to address the issue. Please keep the ball going forward; that's been
stated here. Create a playing field that encourages multiple parties to
take part in this effort to help you solve this issue.
Thank you.
MR. MILLER: That was your final speak on Item 11A.
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CHAIRMAN SOLIS: Thank you. Is there any other questions
for staff? Are there any other questions?
(No response.)
CHAIRMAN SOLIS: Okay. Commissioner McDaniel was first.
COMMISSIONER McDANIEL: I thought Commissioner Taylor
was.
CHAIRMAN SOLIS: No, actually --
COMMISSIONER TAYLOR: No, go ahead.
CHAIRMAN SOLIS: I think you were first. Your light was on
from before.
COMMISSIONER McDANIEL: Oh, it was?
CHAIRMAN SOLIS: Yeah. It's been on the whole time.
COMMISSIONER McDANIEL: Sales tax -- that was the sales
tax things.
I had a couple of questions, Cormac, and I wanted to ask. My --
and I'll be the first to admit my memory's not all that it used to be. But
I thought last year when the ULI came to us with their report, we had a
litany of 30-some-odd initiatives that they had promoted out of their
synopsis that told us things -- suggestions that they made that we could
do to enhance our housing affordability issue.
MR. GIBLIN: Correct. The ULI made 35 recommendations.
You then directed staff to continue -- and the committee to continue
work on 27 of those. Those 27 are included in the housing plan, and
we've been bringing them to you for individual approval and direction
ever since.
COMMISSIONER McDANIEL: I thought I was -- I thought we
were pretty clear that we weren't going to include ad valorem in the
trust fund as a source of funding for the housing trust fund. That's my
recollection.
MR. GIBLIN: That I don't recall specifically. I can tell you that
we are not proposing at this point to include it.
April 24, 2018
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COMMISSIONER McDANIEL: I thought it was part of your list
of funding sources.
MR. GIBLIN: That was a list of possible funding sources.
COMMISSIONER McDANIEL: Well, when you say "possible"
and it's a picture, then that's what the public, in fact, sees, Cormac.
And this is one of the issues that I'm having with this entire process.
I thought we were also fairly clear that the linkage fee wasn't
something that we were interested in pursuing either, but it has come
back.
MR. GIBLIN: That I do not recall, the direction being against it
either by the majority.
COMMISSIONER McDANIEL: And maybe -- and, so -- and
this is where -- this is where, you know, I have -- I have issues with
this process where we as a board are operating on a policy that was
established by a board of county commissioners from in excess of two
years ago. Three of us weren't here, for sure, when they voted to hire
the ULI and come do the housing study and tell us, necessarily, what
we already knew and that we don't have an affordable house crisis.
We have a housing affordability issue.
And so we are being asked -- I feel like I'm being asked to vote in
favor of circumstantial things that I'm not -- I'm not in favor of. I was
never -- I don't feel like I was given an opportunity to adjust those
policies. I thought we gave fairly decent direction to our Housing
Department last year on what -- we went through that list. We went
through that and yes, yes, yes, no, no, no, no, no, no, no, and then I see
them coming back again, and I'm being asked to vote on them again.
So that's just from a policy standpoint, I'm having a difficult time
getting behind this initiative.
We have -- last year when the ULI came to us with their report --
and these are all -- these are all, you know, referenced individual
numbers. Oftentimes we talk about the marketplace, and we didn't
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have that information before. We talk about a marketplace in our
needs metrics, but if I'm not mistaken, we're using assessed valuations
as a product of the, in fact, marketplace, not necessarily those that are
for sale.
And I whipped out a report from the Naples Area Board of
Realtors and approximately, dispersed throughout the county,
450-some-odd homes at or below $250,000. Now, today, literally,
there are in excess of 1,200 homes at or below $250,000.
I think it would be prudent for us at some time to give some
viable consideration to market trends as we're making these needs
analysis proclamations. I don't see that happening currently in the
current policies that are being brought before us for us to, in fact, be
voting on.
I can tell you from -- one of my minors in college was economics.
If your demand stays the same and your supply triples, there's going to
be price compression that, in fact, then provides for greater housing
affordability as we're going forward.
So that's all I have for now, but those are the comments I had on
the three issues.
Oh, I do have one more thing on E as far as us going out and
providing for additional information. I don't think that's the
government's job for us to be doing. I don't think we need to fund up
our housing department to disseminate this information. There are
several private entities that are out there that we can utilize and partner
with rather than us going and funding up our Housing Department to
be disseminating information about housing availability.
CHAIRMAN SOLIS: You good?
COMMISSIONER McDANIEL: Yes, sir.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. I'd like to respond to you,
Commissioner McDaniel, but -- and I'm going to suggest something.
April 24, 2018
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We had remarks from Commissioner McDaniel. I don't know
how much longer this is going to take. Did you have a sense on it?
CHAIRMAN SOLIS: Well, we're set for another break for the
court reporter and lunch --
COMMISSIONER TAYLOR: And lunch.
CHAIRMAN SOLIS: -- at 12:30, I think, is the time that --
COMMISSIONER TAYLOR: 12:30, is that what we're
planning?
MR. OCHS: Pleasure of the Board.
COMMISSIONER FIALA: Whenever you want to go.
COMMISSIONER TAYLOR: Yeah, whenever you want to go.
CHAIRMAN SOLIS: Are you asking for a recess for lunch now?
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN SOLIS: I mean, I'm certainly open to that. What's
the pleasure of the rest of the Board?
COMMISSIONER SAUNDERS: Mr. Chairman, we've got a
bunch of people in the audience. We're -- we've had the conversation.
Let's see if this finishes by 12:30. I'd hate to keep everybody here.
COMMISSIONER TAYLOR: I think you're right.
Okay. So a couple of things. Right now there are 60,000 units
needed in Collier County for housing that is affordable based on the 30
percent of a salary being used for housing. That's just -- that's just
there.
That is what has caused the housing -- in the housing plan there is
a chart that talks about how we're going to chip at the block of 60,000
to the tune of 1,200 plus-or-minus units each year to address.
That will be adjusted on an annual basis. So I think the housing
plan brings -- you know, addresses that. That was the first thing I
wanted to speak to you about.
When you -- when -- you know, this isn't -- this isn't 60,000
families living in sub-shelters or in housing that is in poverty. This is
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60,000 units needed to address the lack of workforce housing, or
housing that is affordable.
For me, affordable housing is not -- I think Habitat for Humanity
does a fairly decent job of addressing housing that is needed for the
very-low and low-low and low. My concern is the moderate and on
up. And with the $75,000 now being the median income in Collier
County, that means a teacher, beginning teacher is now low.
COMMISSIONER McDANIEL: Yeah. They don't even fall into
the gap.
COMMISSIONER TAYLOR: No. And I thought -- I asked --
our office created this, and then I asked the Housing Department to fill
in the blanks, but it's a very interesting chart when you realize the folks
that would be very low, and that's a nurse's assistant and administrative
assistants. We have administrative assistants in this -- in our
government. They are now considered very low. Low income is a
teacher, a sheriff deputy, a firefighter, an EMT; a Paramedic 1 is now
low income. Those are the folks that are looking for housing. Those
are the folks we want to keep close to us. We don't want them living in
another county. I mean, I would love to live -- well, I do, in Lake
Park, live across the street from a paramedic. I know the value of that.
So, you know, we've heard a lot about dispersion of -- equal
dispersion throughout the county of housing, and I said it at my town
hall, and it's called inclusionary zoning. That's what's going to solve
this problem. If there's a will of this commission to require
inclusionary zoning, then units that get developed in any part of this
county based on the stats of the year that they're being built, would
need to have housing that is affordable within those units.
Finally, I do have a question, Mr. Giblin, about the independent --
and I pulled it up here, the Community Land Trust. You're talking
about it being independent. Of the government, I'm assuming?
MR. GIBLIN: It would be an independent non-profit that you
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would direct us to work with your County Attorney to help set up those
bylaws and presumably have a seat or two at the table from someone
that would be appointed by the County Commission.
COMMISSIONER TAYLOR: So it's a board that's going to be
created that will be independent of the government completely?
MR. GIBLIN: I wouldn't say "completely" if you have the
opportunity to assign its priorities and its membership.
COMMISSIONER TAYLOR: Okay. So there would be --
because if there's a -- if we're establishing a board, we kind of have to
have a foot in the -- in the process and in what happens on that board.
MR. GIBLIN: Correct.
COMMISSIONER TAYLOR: So is it -- I'm just trying to put my
arms around it. Okay. That was the only question I had. So I'm
finished.
COMMISSIONER McDANIEL: Can I -- she called me out.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER McDANIEL: If I might just respond.
COMMISSIONER TAYLOR: Oh, I didn't call you out.
COMMISSIONER McDANIEL: It wasn't a total call-out. You
named me with regard to your comments at the beginning. And it's
something that I think you need to hear from me.
There's no argument that there's a housing need. We have a social
responsibility to assist with housing, but it has to be done
pragmatically, and it has to be done with information that is far less
subjective than that that's being utilized right now in this needs metrics
to determine what the, in fact, need is.
I concur wholeheartedly with you. If you -- I had made a
suggestion -- just so you know, I had made a suggestion to staff that
we adhere strictly to statute and federal law with regard to our housing
plan. Well, the openness of the statute says -- and I can't -- I'm going
to paraphrase for now, but basically it says we have an obligation to
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provide for housing, current needs, and any future needs, which, you
know -- and I think I shared this with Leo yesterday. I said, if you take
that statement literally, we could determine as a community that we
need to provide housing for Eskimos and have that be part of our
housing plan and be included in the statute and be part of what the
statute allows us to do.
Now, that's a bit farfetched, Commissioner, but when we are --
and you all know -- I've expressed it regularly -- the needs metrics
that's been used is including this cost-burdening segment. And we
asked -- Commissioner Saunders asked Cormac at the last meeting or
two ago to actually give us a comparison of taking cost burdening out,
or at least I thought I heard that as well. My memory's not all that.
COMMISSIONER SAUNDERS: My memory's not that good
either, so I don't remember asking that, but it could have happened.
COMMISSIONER McDANIEL: Well, you actually said, well,
Cormac, what happens if we take out cost burdening? Well, you have
to actually remove Column 10 as well, and Column 10 had
1,200-some-odd of those 1,600 needs that were generated by Column
8, and -- that's what I heard.
So consequent -- and with that, Commissioner Taylor, I think it's
important for you to understand I'm about doing this but I'm about
doing this in an appropriate manner and not redoing it on a regular
basis. I want pragmatism added into the process, and I don't feel like
we have that right now.
COMMISSIONER TAYLOR: Okay. Thank you.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Oh, yes.
First, I just wanted to make it clear, I guess, you know, you see a
lot of people that are emotional. They're emotional because we haven't
been distributing the housing equitably, and that's really what their
message is. And they're saying a lot of things, but just boil it all down;
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that's what it is.
We don't have the jobs here, obviously, but we have the people
here to fill those jobs. And I'm talking about jobs like in the hotels.
We don't have any hotels here, but they have a lot of hotels in other
parts of the county. There's a lot of wonderful restaurants around. We
have the workers here, but they're in --
CHAIRMAN SOLIS: Here --
COMMISSIONER FIALA: -- East Naples.
CHAIRMAN SOLIS: "Here" being East Naples?
COMMISSIONER FIALA: Yeah, yeah, yeah. And that's what
they're saying; it's not that they mind that except that it's really a
burden to the schools because the schools aren't able to then teach their
children.
Oh, and let me just tell you a sidenote. You don't even know this.
In our schools -- because they're all Title 1 schools -- the teachers have
a tougher job teaching the kids, because most of them don't speak
English in the beginning, and they come from poverty families, so it's
even harder. And do you know those teachers never get a merit pay
because they're not an in schools? Well, I think they work harder than
anybody else and they should be getting it, but that's just one of my
complaints. So I'm stepping aside from what I was trying to say. They
ought to be getting plenty of merit pay.
Anyway, the people are just saying they want to distribute it
equitably. And as far as the places where other buildings could be, you
know, other affordable housing units, we've got a bunch of them
coming on board. I tell you, I'm really excited to see all that are
coming on board.
I've heard -- I think that there was a response about the rents, but I
have some here that are just coming on board right now, and I'm
thrilled to see it. Like, for instance, the one that just opened two weeks
ago, the rents actually start at 1,330 and then they go up to 1,840.
April 24, 2018
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That's for one-bedroom. Two-bedroom is 1,500 going to 1,620.
Somebody stated that they go to 1,840. It doesn't even get close to that.
Oh, I'm sorry. It goes to 1,720, but it isn't there. And in a
three-bedroom, two-bath it's 1,750 to 1,840.
And, you know, we all base this on one person living there. You
know, we keep talking about one person, but I don't know many people
-- especially when I was young, we all bunked together and we shared
the cost, and everybody worked together to get -- or many people are
married or have roommates or so forth.
So we're not talking about two people in a room. We always keep
talking about one. Well, maybe one person makes so many dollars,
but you get two of them together, and you can get a nice little
apartment for that. In fact, there's plenty of them on the market.
I've got a list of all of the places that are -- this is just off the MLS
rental list here. There's a couple hundred of them right now that are
kind of interesting in all price categories, and that's nice.
I think that we don't have a crisis, but we have a need. And at
certain times of the year the need is greater than others because, as we
fill up for the winter season, we have a lot more people.
I think that, yes, distribute them equitably. That's what we've been
saying all along. I don't care how anybody interprets it. That's what
they're really saying. Hear what they really say. They're just saying,
you know, we need some assistance on this. They should be
distributed.
When people over at Arthrex say we need more housing, well,
they don't have any there. Do they mean -- do they need more housing
in the north end of town, or do they need more housing for those
people? I'm not quite sure. Do they want their people to live close by?
I think so.
Same with the hospitals, same with the Chamber. Chamber is in
the City of Naples. They're saying there's a lot of jobs in the City of
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Naples, but we're not locating it there. We're putting it in one area.
And, again, distribute equitably. That's what it's all about.
You know, I know that there's emotions there, and it doesn't say
what they're really saying, but that's what it really is. Distribute them
fairly. That's all.
There are many things. Like the linkage fee, I don't care for the
linkage fee at all. And the CLT, the Community Land Trust, you
know, run by a non-profit, and they'd have their own board, you better
believe -- I could tell you who's going to be on that board and probably
who the organization is that would run it. It's because it's -- there's
usually the same people over and over on all of these different things.
I can't agree with that also.
There's a few other things on here, but I think I've made my
statement, and we're almost close to lunchtime.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: Pardon me. I'm sorry.
COMMISSIONER FIALA: Want a drink?
COMMISSIONER SAUNDERS: No, I'm good. I appreciate
that, though.
I agree with Commissioner Fiala that this housing has to be
equitably distributed, and so that's a decision that we're going to be
making down the road as projects come before us.
I also agree with Commissioner Fiala that I don't support the
linkage fee. We have the highest impact fees in the state, and adding
an additional burden in terms of linkage fees, I think, is the wrong way
to go.
And I agree with Commissioner McDaniel we should not be
using ad valorem taxes for this type of project, or these types of
projects.
I think we could probably go down this list of five items, and we
could probably vote on each one of these, but I think staff needs to get
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the direction firmly that we do not support linkage fees, that we do not
support using ad valorem taxes, that we want equitable distribution of
these types of housing.
And I also agree that having a not-for-profit -- I'd have to see
what that really would look like and how that would work. I don't, at
this point, support that. I don't have a problem with staff developing --
going forward and developing the framework for it, but it's going to be
a hard sell for me.
So, Mr. Chairman, I would suggest that we go through each of
these five things, I think we can do that fairly quickly, and give staff
direction. If there are three of us that agree, or more than three of us
that agree that we shouldn't have linkage fees and use of ad valorem
taxes, then I think the other issue is inclusionary zoning. I have a
problem with that as well. I don't think that -- I think that would be
placing, again, the burden on the development community, and I don't
think we should be doing that.
COMMISSIONER FIALA: You know, could I ask -- I would
just add one teeny, little thing. One place in here it talks about
something about -- and I think -- I believe that it was the housing trust
fund, but maybe it would be the community land trust, something
about keeping that land in perpetuity at that price. And I'm thinking,
you know, that does not incentivize anybody to improve their house,
and they can't ever make a profit on it. And so I think that's a
deterrent.
CHAIRMAN SOLIS: Well, I understand. And so what I would
recommend is that we go through each one. But, again, we're just
directing staff to flesh these out in more details so that then we can see
the detail. The devil's in the details. And with how the local housing
trust fund would work or the community land trust would work, right,
we have to really vet that, and we have to understand how that's going
to work. But we're not going to be able to do that unless we direct the
April 24, 2018
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staff to come back to us with the detail of how it's going to work so
that we could discuss it.
I think we should just go through each one with the understanding
that this is just direction to staff to bring it forward to us. And, you
know, this is just a threshold, do we want staff to proceed and bring us
back more information.
So I think we should start with No. 1, amendment to the Codes of
Laws and Ordinances related to the impact fee deferrals.
COMMISSIONER SAUNDERS: I'll make a motion to approve
that one.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: There's a motion and a second on the first
one. Any other discussion?
(No response.)
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.)
CHAIRMAN SOLIS: Number 1's approved.
Number 2, supersede/establish a new local housing trust fund. Is
there a motion?
COMMISSIONER TAYLOR: I make a motion to explore
superseding or establishing a new local housing trust fund,
understanding it's not defined what we fund it with, but just to bring
forth staff's concepts of how this should be undertaken and if it's even
viable.
COMMISSIONER SAUNDERS: And, Mr. Chairman, I'll
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second that with the comment that I do have a problem with linkage
fees and use of ad valorem taxes, so that will be just something down
the road that you'll have to -- we'll have to deal with.
CHAIRMAN SOLIS: And I would echo that as well.
COMMISSIONER FIALA: And me, too.
COMMISSIONER McDANIEL: If we could appeal to the
motion maker just to add those, because I think we're all -- four of us,
at least, are in concert that ad valorem and linkage fees are not going to
be utilized as a funding source. I think we're all okay with that if the
motion maker would make that adjustment.
COMMISSIONER SAUNDERS: And if the motion maker
makes that adjustment, I'll second.
COMMISSIONER McDANIEL: Will adjust the second.
COMMISSIONER TAYLOR: Okay. I'll make that adjustment.
But I would also ask the four that is opposed to it to be prepared to
discuss what is going to replace those things for a local housing trust
fund.
All right.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Number 2's approved.
COMMISSIONER FIALA: May I answer her question. Do you
know what our development community is doing right now? They are
coming up and meeting that need. They are coming forward and
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building these things that -- you know, and people are not aware of all
of the things being made available to them right now. I've got a nice
little list. These are just rental units.
And so I think that we are not giving them enough credit, and
we're trying to take the place of. But anyway, that's what we're going
to be doing. We're going to be discussing it. I just wanted to add that I
thank them for all they're doing.
CHAIRMAN SOLIS: Is there a motion on No. 3 to initiate the
process to establish a community land trust?
COMMISSIONER SAUNDERS: I'll make that motion again that
-- how that is --
COMMISSIONER McDANIEL: Subject to the --
COMMISSIONER SAUNDERS: -- populated is something we'll
deal with later.
COMMISSIONER TAYLOR: Right.
COMMISSIONER McDANIEL: I'll second that.
CHAIRMAN SOLIS: Any discussion?
(No response.)
CHAIRMAN TRECKER: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER FIALA: Opposed.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed? One opposed.
Number 3 is approved.
COMMISSIONER McDANIEL: And if I could -- just as point of
discussion. You know, I wasn't in favor of the land trust either, but
one of the suggestions that came to me from, I believe it was Nick
when he and I were speaking about this, if we have this mechanism in
place and someone were, philanthropically, wanting to donate land to
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the community, this entity would be in place to receive that, which
made me a little happier with it.
COMMISSIONER TAYLOR: Yeah. It's not cherrypicking and
grabbing. It's --
COMMISSIONER McDANIEL: Right. Now, I do understand
the process of it being separate and a board and that sort of thing where
it could kind of get away from us, but --
COMMISSIONER FIALA: Devil's in the details.
COMMISSIONER McDANIEL: Amen.
CHAIRMAN SOLIS: We'll flesh that out when it comes
forward.
Number 4, to initiate a nexus study to determine appropriate
linkage fees.
COMMISSIONER McDANIEL: No.
COMMISSIONER SAUNDERS: Mr. Chairman, I'm going to
make a motion that we do not move forward with that.
COMMISSIONER FIALA: I'll second that.
COMMISSIONER McDANIEL: Anymore.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
COMMISSIONER TAYLOR: I oppose.
CHAIRMAN SOLIS: One opposed.
Number 5, develop a "housing that is affordable" marketing,
public relations, and communications plan.
COMMISSIONER TAYLOR: Make a motion to bring that
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forward for future discussion.
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN SOLIS: Motion and a second. All in favor, say
aye.
Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER FIALA: Opposed.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: I'm opposed.
CHAIRMAN SOLIS: Very good. I think staff has its direction.
MR. GIBLIN: Thank you.
MR. OCHS: Yes, we do.
COMMISSIONER TAYLOR: Mr. Chair, well done.
COMMISSIONER McDANIEL: A very contentious item.
CHAIRMAN SOLIS: Very good. I think at this time we should
go ahead and break for lunch. We'll be back at 1:31.)
(A luncheon recess was had.)
MR. OCHS: If you'd all please take your seats, ladies and
gentlemen.
Mr. Chairman, you have a live mike.
CHAIRMAN SOLIS: Thank you.
Item #11B
THE NINTH CONSERVATION COLLIER ACTIVE
ACQUISITION LIST AND CONSIDER ITS POTENTIAL IMPACT
ON PROGRAM FINANCES, TO PROVIDE DIRECTION TO THE
COUNTY MANAGER OR HIS DESIGNEE AFTER REVIEWING
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THE STAFF PRESENTATION ON THE A- CATEGORY LIST,
AND TO PROVIDE DIRECTION ON FUTURE CYCLES -
MOTION TO MOVE FORWARD WITH THE PURCHASE OF
THE HACK PROPERTY AND THE A-LIST CATEGORY
INCLUDING THE MULTI-PARCEL PROPERTIES TO BE
BROUGHT BACK IN JULY; AND TO BRING BACK THE
CONSERVATION COLLIER ORDINANCE FOR REVIEW BY
CCLAC AND THE BCC – APPROVED; MOTION TO
PURCHASE THE GORE PROPERTY – APPROVED
CHAIRMAN SOLIS: We're on to 11B.
MR. OCHS: Yes, sir. That's a recommendation to review the
Ninth Conservation Collier Active Acquisition List. Ms. Alex Sulecki,
your Conservation Collier program coordinator, will begin the
presentation.
MS. SULECKI: Good afternoon, Commissioners. For the record,
Alex Sulecki, your coordinator of your Conservation Collier program.
Today -- you've seen the list. I'd be happy to go through the
executive summary with you and to go through any of the summary
sheets that you'd like, or I will just answer questions. Whatever your
pleasure.
COMMISSIONER TAYLOR: Yes. I've got my --
CHAIRMAN SOLIS: Yeah.
COMMISSIONER TAYLOR: I do have my button.
Ms. Sulecki, the -- what is vulnerable for development? Which
tracts are extremely vulnerable for development right now on the short
list, the nine?
MS. SULECKI: Let's look at the scores and how they came out.
These scores were developed based on taking the objective qualities of
the properties and comparing them. It was apples-to-apples approach.
So it just gives sort of a ranked order.
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And if we go down to ranked by vulnerability to development,
you can see the list there, how the scores came out. Some of that was
based on zoning and not actual threat of development.
COMMISSIONER FIALA: Wasn't the Hack property one of the
most popular because it's all full of water?
COMMISSIONER TAYLOR: Yes.
COMMISSIONER FIALA: And I would think that we would
want to get that off the list as quickly as possible.
COMMISSIONER TAYLOR: I would agree.
MS. SULECKI: That was the number-one property
recommended by your advisory committee.
COMMISSIONER TAYLOR: Oh, it was?
MS. SULECKI: Yes.
COMMISSIONER TAYLOR: It was the number one. Well, I
think the -- and I did meet with Audubon and the Conservancy
representatives from the Conservancy and also from Florida Wildlife
regarding this. And I needed confirmation.
County Manager, it's my understanding that in the aftermath of
Hurricane Irma, which happened September 10th, we have not yet
received one FEMA reimbursement; is that correct?
MR. OCHS: That is correct, Commissioners. We've applied.
We've had multiple conversations with federal and state officials in
charge of those reimbursements. We've submitted all of our
application information, and we're hopeful that we'll begin to see some
dollars come back in the next 60 days. And I say "hopeful." Hope is
not a method, as we know. But we do have a reason to hope that we
will see some of those reimbursement dollars coming in here before
the summer break.
COMMISSIONER TAYLOR: How much have we actually
spent, sir?
MR. OCHS: Actually spent? Here comes my chief financial
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officer right on cue. I'm going to ask him to cover the actual
expenditure. I know what we've budgeted, but I don't know how much
of that we've actually expended at this point.
MR. ISACKSON: About 75 million.
Mark Isackson, corporate financial director, for the record.
COMMISSIONER TAYLOR: How much have we encumbered?
MR. ISACKSON: Well, you have -- you've budgeted -- you have
a budget of about 120-, '25 million-dollars sitting out there; probably
spent 75- of that. So now you're sitting on what are we going to do
with $50 million. We're already starting to peel that back, moving
those dollars back to the appropriate areas where they were lent from.
So that process has started.
COMMISSIONER TAYLOR: Okay. I've used the term -- and I
have a feeling you're going to wince at it -- that we might be a little
cash poor right now.
MR. ISACKSON: Well, let me paint a picture for you as you're
coming into the budget process. We've tapped into reserves for some
of that money, but the bulk of the expenditures that are going to get
hurt is in your capital program, specifically your utility areas where
we've deferred capital projects in favor of hurricane preparation in
anticipation that those dollars are going to be received -- County
Manager's maybe a little bit more optimistic than I am, but those
dollars are going to be received 18 to 24 months hence.
The proof's in the pudding with this first reimbursement request.
We'll see what happens with that one. And that's only for
10-and-a-half million dollars. It's sitting in the state's hands right now,
so we'll see what happens.
MR. OCHS: And, Commissioners, as that relates to the staff
recommendation on this item, we didn't feel comfortable without those
reimbursement dollars back in hand and acknowledging that we're on
the cusp of another hurricane season that starts on June 1st. We
April 24, 2018
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thought it was prudent and the fiscally responsible thing to not
recommend that the Board spend $12 to 15 million acquiring this full
A list and that instead we focus on the Hack property or maybe a few
others, if the Board decides to expand that list.
But until we get a sense of when we can realistically expect or
actually receive some of that $75 million that went out the door, it
would be our recommendation not to commit to the full list until we
can come back to you with that information.
COMMISSIONER TAYLOR: And given that, I would like to
make a motion and see if there's a second that we move forward with
purchasing the Hack property right now, but that the A list not be
ignored; that it be brought back before us in our July meeting in which
time we will be able to assess where we are with payments from
FEMA and also to give the owners of these properties notice that we
want to purchase them. We're not contradicting what the CCLAC
Cycle 9 recommendations are; but that, to be prudent -- fiscally
prudent we need to discuss this in January -- our July meeting, not a
January meeting; our July meeting.
Thank you. I don't know if there's a second to that.
COMMISSIONER FIALA: I was going to second it, but I'll just
push my button and wait till my turn.
CHAIRMAN SOLIS: Okay. Commissioner McDaniel --
COMMISSIONER TAYLOR: So there's a second.
CHAIRMAN SOLIS: -- is next.
COMMISSIONER McDANIEL: And it's almost a second. One
of the things -- before we get too far down the road, do we want to hear
public comment? Because I do have some comments with regard to
this. And I think we should, before we go making our motion and
second it and all, I think we should engage the folks that have been
here all day.
COMMISSIONER TAYLOR: Well, I don't mean not to. I just
April 24, 2018
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think it was very, very important to put on the record where we are
financially, because it all works together.
COMMISSIONER McDANIEL: We pretty much all are there.
But if it would please the Chair, I'd just as soon go to public comment
and then come back; reserve my comments.
CHAIRMAN SOLIS: Very good. Commissioner Fiala, would
you like to hear from the speakers, or would you like to --
COMMISSIONER FIALA: Oh, I'm great with hearing the
speakers.
CHAIRMAN SOLIS: Okay. Commissioner Saunders.
COMMISSIONER SAUNDERS: I'm not sure if we had a second
to the motion.
CHAIRMAN SOLIS: Did we have a second?
COMMISSIONER FIALA: No, I didn't make a second.
COMMISSIONER SAUNDERS: Okay, good. Because I'm
inclined to go with the first four properties. I, obviously, want to hear
from the public, but I don't think we're in a situation where we have to
be too terribly concerned about reimbursements. We're going to get
reimbursed from the FEMA. I think the question is whether it's going
to be 75 percent or 90 percent. So I don't want to hold up on those first
four.
But, anyway, I want to hear from the public. I just wanted to
make sure we didn't have a second to that motion just yet.
COMMISSIONER TAYLOR: Okay. So there isn't a second at
this point.
COMMISSIONER McDANIEL: Well, I have comments, and I
think those comments will help you enhance the motion that you made.
If you want me to make them now, I'd be happy to. And it's just my
issue -- before we go forward with any large acquisitions further than
-- other than the Hack piece that staff is recommending to us today, is
that we take the time to adjust the ordinance of Conservation Collier.
April 24, 2018
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I have said since last year when this came about that there are dire
needs that need to be attended to in the ordinance of Conservation
Collier.
So, interimly, Commissioner Taylor, in between now and the July
meeting, if we could bring that ordinance back, engage the
environmental community with their thoughts as to what can be
enhancements, can, in fact, be done to that, I would like for us to
actually be touching that ordinance.
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: So that was my comment that I
was going to make, wait until we --
COMMISSIONER TAYLOR: Is there a second?
MR. OCHS: Excuse me.
COMMISSIONER TAYLOR: Go ahead.
MR. OCHS: Could we get a few more things on the record
related to the recommendation?
CHAIRMAN SOLIS: Sure.
MS. SULECKI: Yes. Commissioners, may I ask that you also
include in your motion something about the multi-parcel projects and
whether we can continue to acquire them with the donation funds and
if that's your intention for the future and also provide us with some
direction regarding future cycles.
COMMISSIONER McDANIEL: That's the -- that was the
conversation --
COMMISSIONER TAYLOR: That would be -- that's the
conversation. So would you agree that the future cycles will continue
but that in -- before that begins we need to address your concerns about
the ordinance as it stands?
COMMISSIONER McDANIEL: That'd be fine.
CHAIRMAN SOLIS: Okay.
COMMISSIONER TAYLOR: Okay. That would be --
April 24, 2018
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CHAIRMAN SOLIS: So you'll amend your motion.
COMMISSIONER TAYLOR: I'll amend my motion to that and
also that we include the multi-parcel -- multi-parcel purchases which
come from the --
MR. OCHS: The off-site preservation.
COMMISSIONER TAYLOR: -- off-site preservation --
COMMISSIONER McDANIEL: Basically, it's staff's
recommendation, if I'm hearing it correctly, with the modification of
bringing back these other pieces, the other parcels in July.
MR. OCHS: Yes, sir.
COMMISSIONER McDANIEL: That's not part of staff's
recommendation.
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SOLIS: Very good.
Public speakers?
MR. MILLER: Yes, sir. We have 10 registered speakers for this
item. Your first speaker is Bobbie Lee Davenport. She will be
followed by Meredith Barnard.
MS. DAVENPORT: Hello. Bobbie Lee Davenport, president of
Cypress Cove Conservancy.
And, first of all, on behalf of my organization, I would like to say
that we'd like to see all of the A parcels purchased, the top four now,
and there's some very valid reasons for that.
I'm going to start with the Gore property. My organization is
currently raising funds, and we have possession of the 10 acres that sit
right in the middle of that 180-acre parcel. We're working on having a
great community center, a nature center. We've opened up three trails
in there. There's a gazebo. There's a chickee hut. There's a beautiful
home on that property that was featured in Architectural Digest, and
that home will make a fantastic nature center.
And Bill's been out there with me twice, and his first comment,
April 24, 2018
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this would be a beautiful place to have weddings. It's a fantastic place
for the public. And Blue Zones wrote a letter of support along with
several other organizations. And this project encompasses public
health and wellness, education, preservation, water resources.
So I just want to run right down the criteria here. The criteria, of
course, with Conservation Collier, there's water resource values. This
property has high water resource values. It has mapped aquifer
recharge for the surficial aquifer system. It's located in the wellfield
area for the county. It's a heavily flood-prone area. It is not an area
suitable to have a lot of homes going in, and right now every bit of that
property is zoned residential. That property was under water for 30
days straight with Hurricane Irma. And it was about up to my knees
underneath the house there. So it's not the sort of place you want
people coming in and having that parcel bought out from under you
while you're waiting around and all of that gets developed. And we've
got homes there that are going to flood in the next heavy rain system.
It's a very well-known wildlife corridor with panthers and bears.
It's in very close proximity to the Picayune Strand, the Fakahatchee
Strand, and the Panther Preserve. The Panther Preserve has also
written a letter of support for this purchase.
We've seen panthers, bobcats, and bears on pretty regular basis
since we took the property over at the end of January, so they're out
there.
Connectivity. I just mentioned the areas that have connectivity,
the Picayune Strand, Fakahatchee Strand, Panther Preserve. It's our
goal to continue to buy land to connect over to the Panther Preserve.
Listed endangered species, we've already talked about that. That
was one of the criteria. They're all over the place out there. A lot of
panthers and bears.
The access is -- it's very easily gotten to. The partnership
opportunities with Cypress Cove Conservancy, we're a 501(c)3.
April 24, 2018
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CHAIRMAN SOLIS: Thank you.
MS. DAVENPORT: Yes.
CHAIRMAN SOLIS: Your time's up. I'm sorry.
MS. DAVENPORT: Okay. Well, there's a lot more. But it's a
very important property to get purchased. We have 10 letters of
support --
CHAIRMAN SOLIS: Thank you.
MS. DAVENPORT: -- from community organizations to
purchase this property. Thank you.
CHAIRMAN SOLIS: Thank you.
MR. MILLER: Your next speaker is Meredith Barnard. She'll be
followed by Franklin Adams.
MS. BARNARD: Good afternoon, Commissioners. Meredith
Barnard on behalf of the Conservancy of Southwest Florida. Thank
you for the opportunity to speak before you today.
The Conservancy has supported the majority of the A list ranked
parcels over the past year at the Conservation Collier Acquisition
Advisory Committee meetings. We've provided letters of support for
both the Green & Green Investments property and the Gore properties
which are ranked 2 and 4 on the A list respectfully (sic).
Since its inception, the program has successfully conserved over
4,000 acres. And as it was stated, more or less, in a matter of words at
the CCLAC meeting, in their last ranking meeting, the property list
that you have in front of you today is one of the greatest opportunities
that this program has ever had.
Upon speaking with you and some staff as well, we understand
and don't want to diminish the financial concerns as we move into an
upcoming hurricane season. I urge you to keep in mind, though, that
conservation lands provide significant natural flood storage and
buffering; benefits that are necessary for natural protection in the event
of hurricanes and other major weather events.
April 24, 2018
Page 121
There was a staff evaluation, Commissioner Saunders brought it
up, of purchasing the first four projects on the A list in addition to the
multi-parcel projects. These properties are dispersed across the
county. The total cost for acquisition of them, which totals nearly 640
acres, would be less than $2.7 million. They would also not require
any additional staffing, as noted in the summary.
If, with the financial concerns surrounding the upcoming season,
the Board is inclined to not evaluate the entire list at the moment, the
Conservancy requests that you move forward with acquiring the top 4
on the A list, which is coming out to considerably less than the 17
million borrowed to purchase, and it will certainly help with resiliency
for the county in the upcoming hurricane season.
We also request, as noted by Commissioner Taylor, that you
consider the acquisition of Nos. 5 and 6, the Berman and the Estey
core property, when you come back in the future. So thank you so
very much.
MR. MILLER: Your next speaker is Franklin Adams. He'll be
followed by Charlotte Nycklemoe.
MR. ADAMS: Good afternoon, Commissioners. For the record,
I'm Franklin Adams. I'm the Florida Wildlife Federation, Southeast
Region director. Lifetime resident of South Florida.
I ask you this afternoon to please acquire the four parcels that
were recommended by staff as was mentioned. I think they're a
bargain; $2.7 million.
I have not visited all the properties. I always like to go on a
property to know about it. But I have spent a lot of time on the Gore
property, the 180 acres out there off DeSoto, and used to go out and
visit with Bob Gore, when he was alive. A lot of us would like to see
his vision carried forward into the future. And as was mentioned, it
would require no new staff to operate or administer these areas.
There are a lot of wildlife and wetland benefits to that property.
April 24, 2018
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It's a bargain. You know, 800-something thousand dollars for that
property there. And it would be a wonderful area for the public to
enjoy, too. I believe when taxpayers buy property that people should
be able to use that area, visit, and enjoy it and become advocates for
more property preservation.
So please consider preserving or acquiring the four areas. And in
July, please review the other submissions. The money's going to be
there.
And I see Dane Scofield's in the back of the room. He's been here
all day, and Half Circle L Ranch, and that's certainly -- the Federation
is another property that we support acquisition of and are hopeful that
you'll do the right thing. Thank you.
MR. MILLER: Your next speaker is Charlotte Nycklemoe. She
will be followed by Gary Bromley. Mr. Bromley has come to me and
asked to cede his time to Ms. Davenport so she can continue. So, Ms.
Davenport, you will follow Ms. Nycklemoe.
MS. NYCKLEMOE: Good afternoon. It's good to see you again,
Commissioners. Thank you for giving me the opportunity to speak.
I'm speaking on behalf of the League of Women Voters, Collier
County. And, again, my name is Charlotte Nycklemoe. And this year
I'm here as immediate past president.
The League has long supported the Conservation Collier program
and has advocated for its renewal. In fact, as part of our voter
education work prior to the last commissioner elections, we asked all
candidates, both in public forums and in a written survey, would you
support the renewal of the land acquisition portion of the Conservation
Collier program. All of you said yes.
Moreover, the issue of renewing the Conservation Collier
program was advocated by Commissioner Saunders soon after the new
commission assembled. Ultimately, it was decided it would be wise to
restart the acquisition process as soon as possible.
April 24, 2018
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And so the BCC directed that a portion of the Management
Reserve Funds for the Conservation Collier program be reallocated to
land acquisition with the assumption these funds would be paid back at
the time the program was renewed.
Sadly, there again, is a pulled-back effort, albeit, coming from the
county staff, seeking dollars for things other than the conservation
lands.
The Conservation Collier staff and the Collier County Land
Acquisition Advisory Committee have worked diligently to assess and
evaluate those properties offered to the county for purchase. You have
before you the recommendations of the committee. Please do not
delay these purchases.
Number one, voters are already dismayed at the alarming rate at
which we are paving paradise and strongly support the purchase of the
environmental land from willing sellers.
Number 2, postponing the purchase of these A properties further
erodes public trust and does great disservice to those voters who expect
this program to move forward as promised. Moreover, it does great
disservice to those who in good faith have offered their property for
purchase and waited, and in some cases, years for a decision.
Third, diverting the Conservation Collier funds to other purposes
clearly implied in the staff report betrays public trust and certainly
does not bode well for passage of a sales tax.
Fourth, the purchase of conservation lands is not some kind of
luxury fluff, some indulgence we can afford to sacrifice for something
else but, rather, it is essential to our economic well-being.
Am I done?
CHAIRMAN SOLIS: Yes.
MS. NYCKLEMOE: So I would ask you please to consider these
considerations. Thank you.
MR. MILLER: Your next speaker is Bobbie Lee Davenport from
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Gary Bromley, and she will be followed by William Poteet.
MS. DAVENPORT: Okay. I can finish in three minutes, most
definitely.
So where I left off was partnership opportunities, and I was
talking about my organization, Cypress Cove Conservancy. We're a
service learning provider for Florida Southwest (sic) College as well as
FGCU. We currently have students doing projects on the land.
You-all got a letter last time -- I don't know if you've had time to read
it or not -- from FGCU about this very issue asking you to purchase
this property.
We're doing a lot of work out there with the colleges, and it's a
really great thing for the community.
The letters of support that were written were from Blue Zones,
Florida Wildlife Federation, Audubon, Trust for Public Lands,
Environmental Confederation of Southwest Florida, the Responsible
Growth Management Coalition, the Conservancy of Southwest
Florida, the Panther Preserve, FGCU, and there's a few more all asking
you to please purchase the Gore property. If you don't purchase it, it's
going to be gone. The family's tired of waiting. I know. I
communicate with them on a regular basis. We have possession of the
home there. So it's really important that we don't wait on that.
The zoning of the property, as I said before, is not suitable for
residential due to the heavy flooding there and the wildlife and the
conflicts with humans and wildlife that could occur from that.
The use of the property, Bob used it for school trips for children.
It's been used in the past for a lot of local schools. The Conservancy of
Southwest Florida has used it for field trips for their summer camps,
and biology teacher trainings have been done there from Edison
Community College. So this property has a history already with the
general public of being used.
It would be a beautiful community place. And I'm asking you,
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please, to consider purchasing this. Don't let this gem, this jewel, go
by the wayside because we're sitting around, you know, worrying
about hurricane funds. It's a small amount to pay, and the voters did
vote to have the monies used to buy land. So please do.
Thank you.
MR. MILLER: Your next speaker is William Poteet. He'll be
followed by Brad Cornell.
MR. POTEET: Good afternoon, Commissioners. On behalf of
myself as the chair the Conservation Collier, I want to thank you for
the opportunity to speak before you.
About 14 months ago you -- the Board decided that we were
going to renew the program. You told the committee that we had up to
$17 million for acquisitions and to go out there and solicit properties.
We did so.
The community responded. Those landowners that voluntarily
submitted their applications to Conservation Collier saying that we will
sell to your program came out in good, good numbers, and the quality
of properties that were submitted were exceptional.
I mean, it made our decision very, very tough at the end, because
it was over $17 million worth of properties that was submitted out
there.
So we went through the process, and we listened to what the
Commission said. The Commission said first we're looking for more
urban properties. And so if you looked at the rankings that we had, 1
through 3 are all within the urban boundary. There's another one, I
believe, No. 6 is also in the urban boundary, and No. 6, the only reason
we had any reservations there is one of the properties there was about
85 percent full of exotics, and we recommended to put that particular
portion of the property in the B list versus the A list; otherwise, it
would have been on the A list, because it's a great property off of
Rattlesnake.
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But we went through the whole process. And I want to commend
members of the CCLAC committee, because they spent long, arduous
hours reviewing everything and really were dedicated in making the
right decisions.
So we came up with -- there's 11 recommendations, two of them
which are the multi-parcels, which we said immediately we've been
paying for those out of the monies that have been donated to the
county, and so let's just continue that process and not take anything
from the 17 million that was to be allocated.
So the other nine properties, we ranked them in order, and we did
as we felt was best for the county.
So my recommendation has always been for the county to go
ahead and purchase all nine properties when you have the monies
available. And you want to be fiscally responsible, but I'd hate to tell
one of the owners out there of these really, really exceptional
properties that, you know, we can't do it because we just drew the line
at four properties or we drew arbitrarily -- it's five properties. I would
take them one at a time.
And purchasing properties are not a quick process with Collier.
You know that. You've done it many times before. We have to go get
appraisals, we have to make sure the owners are going to accept the
appraisals, then we have to do all the title work. And by the time we
get closed, it's four to five months down the line. So take one at a
time. And I thank you for the opportunity to talk to you today.
MR. MILLER: Your next speaker is Brad Cornell. He will be
followed by Joanne Smallwood.
MR. CORNELL: Good afternoon, Commissioners. I'm Brad
Cornell. I'm here on behalf of Audubon of the Western Everglades.
Appreciate the opportunity to address you on this. This is a very
important issue, a core issue for the citizens of Collier County, and I
appreciate your direct -- your past direction to start this Cycle 9.
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Audubon of the Western Everglades strongly supports approving
purchase of all the properties on Cycle 9.
I do appreciate Commissioner Taylor's and Commissioner
Saunders' respective proposals, one to look at some of these in July to
give more time and also to look at the first four now for purchase.
That's a reasonable alternative, and I recognize that's something
reasonable to do. And, certainly, we wouldn't object to that. I think
that's one way to get it done.
I do want to point out that, as Bill Poteet just pointed out, the
purchase process, if I understand it, if you approved all of these for
purchase today, the process isn't going to bring you any sale contracts
until the fall. So in terms of your liability for cash flow during
hurricane season, I think -- to me it seems like it's minimal. But that
being said, I understand your alternative proposal, and that's
reasonable.
I also want to point out this list is one of the best that I have seen
since the program started in 2002. All the properties on the A list are
just tremendous. They're all really something that -- to spend a lot of
time with and give a lot of credence to. We should be buying all nine
of these whenever we can do that.
They're all over the county. They include urban and rural, and
they're also -- I think there's another issue to keep in mind here relative
to the hurricane season and other hazards, and that is that when you
buy these kinds of lands, you are investing in wildfire and hurricane
resilience, because these properties are the kind of properties that are
going to recharge your aquifers, they're going to hold -- naturally hold
floodwaters and stormwater. This is the kind of stuff you want to have
all over the county in every watershed. So this is a good investment.
I think we saw Lee County do the same thing with Edison Farms,
and they did it in September right after Irma. They spent over $40,000
on 4,000 acres of Edison Farms. So this is almost 4,000 acres. It's a
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similar strategy that we would recommend to you to consider.
And I think whether it's today or in July, we certainly would
support at least doing the first four properties and the two multi-parcels
and reconsideration in July.
So thank you very much for that consideration.
COMMISSIONER McDANIEL: Brad -- well, first, is Nancy
going to speak to us?
MR. MILLER: Yes.
COMMISSIONER McDANIEL: I'll reserve my question for her.
Well, she was sitting there and --
MR. MILLER: Your next speaker is --
COMMISSIONER FIALA: Are you sitting in the hot seat,
Nancy?
MR. MILLER: Your next speaker is Joanne Smallwood. She
will be followed by the highly anticipated Nancy Payton.
MS. SMALLWOOD: Hello. And it's so nice to see some of you
again. I'm Joanne Smallwood, as stated. I am a -- have been a resident
in Collier County since 1970, and a lifetime Florida resident.
And I'm here to support the purchase of these environmentally
sensitive lands. And I'm bringing a little bit different perspective on it.
I would like to emphasize why I consider this Conservation Collier
land purchase of these environmentally sensitive lands so very
important.
In 1972, then Governor Bob Graham sought to correct what was
called the worst environmental disaster in the world. The GAC
Corporation, the developer of Golden Gate City, had drained over 170
miles of acreage in the Big Cypress Swamp to build about 800 miles of
roads. In doing so, he lowered the water table six to eight feet, causing
fires to destroy the existing natural vegetation, allowing invasive plant
species to take over the Fakahatchee Strand and the Picayune Strand.
By this action, they drained the Southwest Florida's important
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water source into canals leading into the Fakaunion Canal, which then,
for over 30 years, flowed into the Gulf of Mexico all this water that
was drained into the gulf, then it was lost forever.
My father, Frank Maloney, the state's recognized authority on
water law and environmental law for 30 years, was engaged by
Governor Graham at the time to lead a team to create a plan to solve
this disaster. The plan set out to reclaim the Big Cypress by filling in
the canals and, thus, restoring the Everglades.
It is important to understand the fragile connection that we have
with our ecosystem which provides and preserves Southwest Florida's
water. When it is destroyed, it is gone forever, and with it our water
source. My father always said that nothing should be ever built in the
sheet flow. And he was also the major author of the model water code
which came the Florida -- which became the Florida Water Resources
Act in 1972, and his water model code was based on that.
The laws then were enacted to establish rules for conservation of
water to provide protection and management of water resources
throughout the state. This act provided the structure for water
management and regulation, creating South Florida Water
Management districts, of which I served as a board member.
Is my time up?
COMMISSIONER SAUNDERS: You've got another minute.
MS. SMALLWOOD: Okay. So, again, in 1980 he was credited
with authorizing Florida's water law published shortly before his
untimely death.
So I would like to say that I have a lot of history in understanding
this. I also have been in business in Florida, here for over 30 years in
Florida and in Naples and Collier County, and I understand how
important our water resources are, and I think that it's really important
that you support these purchases.
Thank you.
April 24, 2018
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MR. MILLER: Your next speaker is Nancy Payton, and she will
be followed by Bonnie Michaels.
MS. PAYTON: Good afternoon. Nancy Payton representing the
Florida Wildlife Federation.
And we're here to support the purchase of the top four, which was
discussed in the executive summary, and those parcels are the Hack
parcel, Green & Green, which is off 951 abutting Rookery Bay, the
Sanitation -- kind of weird name -- Bethune property in Immokalee,
and the last one -- or the next one is the Gore property, which is in
Golden Gate Estates. And we're an abutting conservation land owner,
and we'd like to see conservation lands in that area expanded.
And also we add to the list the multi-parcel projects. It's less -- as
in the executive summary, less than $3 million plus roughly $115,000
in fees.
It's reasonable. Staff can handle -- the current staffing can handle
what they need to do with these four parcels plus the multi-parcels.
They're spread across the county. There's no, sort of, favoring
urban, coastal versus anyplace else. We've got four different areas
across the county. They're popular. As you've heard today, they do
aid in flood and stormwater. They provide eco-services.
Again, we urge you to move ahead today with the top four and
revisit the balance of the A list in July, and we particularly want to
draw to your attention the Half Circle L Ranch, because the county, in
our opinion, ought to be looking at the many options for the Half
Circle L Ranch, not just conservation, but how that parcel, that
purchase, can aid that list of transportation projects that were listed
earlier in the day. There are roughly 40,000 panther PHUs on that
property. Even if the county can't use them, all of them, maybe it can
sell them.
So we look for being creative, particularly with the Half Circle L
Ranch, and that is a favorite of ours beyond the top four.
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And we urge you again today to move forward with purchasing or
beginning the process to purchase the top four.
Thank you -- plus the multi-parcels.
COMMISSIONER McDANIEL: Don't let her go. I do have a
question for her.
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: I was going to ask Brad, but I
-- the Gore piece specifically.
MS. PAYTON: Yes.
COMMISSIONER McDANIEL: Is that in the alignment that we
spoke of before with regard to the wildlife corridor out of the Panther
Preserve and over into the western portion of the North Belle Meade?
MS. PAYTON: Yes, it is called the Panther Passage between the
Panther Refuge and the North Belle Meade Natural Resource
Protection Area. It's in an area that the county's master mobility plan
suggested protecting, having lower density there. Watershed plan
identified that area as protective measure. It has a variety of services
that it could provide to the county and to wildlife. And, again, that
might be an opportunity for mitigation.
COMMISSIONER McDANIEL: Yes, ma'am.
Thank you.
MS. PAYTON: You're welcome.
MR. MILLER: Your next speaker is Bonnie Michaels. She will
be followed by Michael Seef.
MS. MICHAELS: Good afternoon. I'm just speaking for myself.
I'm the tree hugger.
I know this is a very hard decision for you to make. You have a
lot of competing demands. But as one of the voters hoping that we
would be able to maintain more conservation, you know, we're really
counting on you to try to figure out a way. It's a problem-solving
process. Where can this money come to meet all of these competing
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demands?
But I think it's a really bad precedent if you decide that
Conservation Collier is the place to take the funds. We really count on
this.
You know, I think about Governor Scott and how he's fooled
around with the Amendment I money, and I just would hate to see this
happen here.
You know, it takes a long time to go out and find green space.
Go down Vanderbilt, go down Pine Ridge, go down -- go down
Immokalee. You have to go really, really far for that green space, and
it's getting worse. Rural Lands West is going to build 10,000 homes
out there.
So as you're thinking about it from the dollars and cents, don't
forget the human value. Don't forget about us who are really looking
for that green where we can find peace of mind. I don't want to leave
Collier County.
So I hope you'll do the right thing and get those properties.
Thanks.
MR. MILLER: Your next speaker is Michael Seef. He will be
followed by Susan Calkins.
MR. SEEF: Good afternoon, Commissioners. Michael Seef, for
the record. I'm coming in after wonderful speakers who probably
know a lot more than I do about what's going on.
And I just have one, kind of, visual thing I'd like you to think
about, which is a scale, like a scale of justice. And during the last three
years, we've had enormous growth, as you well know, and we've lost
green spaces, whether it's on the corners that are not environmentally
so sensitive, but also in environmentally sensitive areas, some wetlands
that have been filled and so on and so forth.
Anyway, here are these two scales. For the last three years we,
Conservation Collier, have not been allowed to make any purchases.
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So, you know, on one side of the scale you have all the development
that's been going on during those three years, which is ten thousands
(sic) of acres versus basically zero that happened in the last three years.
So my plea to you is that there's some urgency about catching up.
Bill Poteet mentioned before about the time that it takes, and we have
to be cognizant of that. And there's some uncertainties. And we
understand that the budgeting process that the staff has gone through
would like to use this pot of money to support potential
hurricane-related needs and so on, but we think that the voters who
voted to have those funds initially, which formed the $32 million
endowment, also have some rights, maybe not -- it's not a big legal
right, I suppose, but it's certainly an ethical right that they've been
promised.
And I think that the voters -- and we do have a lot of green voters,
as I think Nancy Payton mentioned some time ago, that, you know, are
listening and are concerned. And I appreciate the possibility of, you
know, taking the four properties and doing something now and doing
some things later.
But I just urge you that there's some urgency and some concern
about the whole program because of that, by the average citizen and by
others.
Thanks for listening, and I hope you make a good decision.
MR. MILLER: Commissioners, your final speaker on this item is
Susan Calkins.
MS. CALKINS: Good morning. I'm a long-time supporter of the
program, having worked for it in 2002 to get it off the ground, and I'm
fortunate enough to serve on the committee now. So I will be very
brief, because I think people have said everything that has to be said.
I was simply just kind of thinking back to when you-all first -- or
the new commission was constituted, and you did decide to kind of go
forward with this program, and I think you decided to go forward with
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it at the time because you knew that there was a lot of support in the
community for it because you did see that properties were starting to
move again, prices were going up, the bulldozers were revving up, and
that it was wise to start that whole process now. And it is a slow
process even when it started.
So I -- and, just the P.S. to that is, you know you've got a lot of
voters who are very much supportive of this. And, you know, think
about Opportunity Naples, which I believe the Chamber had
orchestrated. What's the best thing about living -- what's the best thing
about Greater Naples? What do they say? Environment. Nature.
So I think we want to keep, you know, properties that we can
have access to, as has been said. And I don't want -- I think we've got
a great county staff. I think they dotted all the I's, crossed all the T's,
and that we will get that money. And if we're really that concerned
about it, then maybe we should look someplace else.
Thank you.
MR. MILLER: And that was your final speaker on that item.
CHAIRMAN SOLIS: Thank you.
The order was Commissioner McDaniel, unless you were done.
COMMISSIONER McDANIEL: No, my light came on for the
question.
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: I may have a comment once we
get into the voting side, but I'll hit my button again.
CHAIRMAN SOLIS: And I think Commissioner --
COMMISSIONER FIALA: It's me next.
CHAIRMAN SOLIS: You're next?
COMMISSIONER FIALA: Yeah.
CHAIRMAN SOLIS: Okay. You're next.
COMMISSIONER McDANIEL: You tell them.
COMMISSIONER FIALA: Just to make sure.
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I've always been supportive of the program. Most anybody who
knows me knows that. I think it's a wonderful program. And I want to
buy them all.
So I was trying to look at it logically, talked with staff and so
forth, but I have a question. This will make my decision, and it will be
a good decision, by the way.
First of all, the hurricane is -- you know, we've been told we're
going to get plenty of hurricanes this year again. We're vulnerable this
year. Do we use any of this money to cover anything else for
hurricanes?
MR. CASALANGUIDA: (Shakes head.)
COMMISSIONER FIALA: Okay. That's the answer I wanted.
No, he says.
So if that isn't used to cover hurricanes -- and we haven't
borrowed any money for hurricanes, have we?
MR. CASALANGUIDA: No, ma'am.
COMMISSIONER FIALA: Good. Okay. That's what I wanted
to hear. So then we don't have to worry about any of the money
coming back to FEMA to go back to this fund.
MR. CASALANGUIDA: Ma'am, I think, to answer your
question, while the money's not budgeted for that, I think from a
cash-flow purpose, what staff would say, if we did have a hurricane
and had to cash flow debris, we would look for all funds that were
available.
So the debris mission for this storm was close to $65 million. So
right now the funds that have money in them, your Restricted Funds,
113, your Conservation Collier funds would all be used for potential
revenue source borrowed against.
COMMISSIONER FIALA: Until we get the FEMA back, you
mean?
MR. CASALANGUIDA: Until we get reimbursement.
April 24, 2018
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COMMISSIONER FIALA: Good. I mean, those are all
questions I needed to know, but they're important questions.
So then I looked over, and I studied the list carefully. And in the
back of my head I never forget how smart the people were in New
York when they bought Central Park. They could never buy it again,
but now it's there in perpetuity for people to enjoy. Same with the
Boston Common. Get it when you can.
Now, some of these places nobody can play in because they're all
wet, but that's important to our environment as well. We've got to
preserve our future water sources. As you well know, I sit on the
CREW board and have been for 18 years now because I believe in that
so heavily.
So then I looked over the list, and I like the first four. They were
my favorites. And I thought that that would be really good, but there
are others that I really like, too.
So my suggestion -- I know there's a motion on the floor and a
second, but I needed my questions answered before I could move
forward with that. I'll go along with the motion. What I would love to
see is us buy the four pieces of property and then put the others into --
or the next few, but --
CHAIRMAN SOLIS: That wasn't the motion.
COMMISSIONER FIALA: I know that. What I would love to
see is have that happen. And then put the rest of the nine aside for July
and vote on it then. I realize that isn't the motion, but -- and I'll vote
for the motion, but I'd love to see it that way.
COMMISSIONER SAUNDERS: Could I ask Commissioner
Fiala a question? I supported the first four, and the motion was just to
purchase the first one and then come back in July.
Now, we're not going to have any different situation in July than
we do now. We may have some reimbursement from FEMA; we may
not. But other than that we're not going to have any changes.
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COMMISSIONER FIALA: Or hurricanes.
COMMISSIONER SAUNDERS: Probably not by July. We may
have in September and October, or August, but probably not July.
But the point I'm making is that we have the funds available. We
have four properties. Obviously, the Hack property is number one, and
we should proceed posthaste for that. But I don't see any reason why
we couldn't go ahead and get appraisals on the other three as well.
Staff -- the manager has indicated that we have sufficient staff to
handle these four acquisitions simultaneously. That doesn't mean we
have to buy them simultaneously, but staff can go out, get the
appraisals, and so -- you know, we have a motion and a second. I'll
probably vote against the motion. I don't know if it will pass or not. If
it passes, then we'll come back in July on the other ones. If the motion
fails, then I'm going to make a motion to go with the four.
CHAIRMAN SOLIS: Okay. Commissioner McDaniel.
COMMISSIONER McDANIEL: Just one point, Commissioner
Saunders. There will be a shift between now and then. We will have a
specific meeting with regard to the actual ordinance that dictates what
we can and can't do with the properties that we purchase with
Conservation Collier funds.
And Nancy Payton brought up two very viable points with regard
to that, and I would like for us to give consideration to utilization of
these lands as mitigation for the county, utilization of the development
rights that travel -- I really love the Scofield property. They know I do.
But I would like for the county to receive the benefit of those
development rights for future disposition, sale, reimbursement into
Conservation Collier. And, currently, under the existing ordinance,
we're not allowed.
COMMISSIONER SAUNDERS: What we did is, when we
decided to move forward, we indicated that we knew we were going to
amend the ordinance. We made the decision that the amendments to
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the ordinance would take effect after this particular list was presented
to us.
And so we already knew that there was going to be a change to
the ordinance, but we made the decision to move forward with this
acquisition under the old ordinance.
COMMISSIONER McDANIEL: And with all due respect, sir --
and it may be neophyte Commissioner McDaniel -- I thought I was
only voting to purchase the few select pieces that were originally in the
Cycle 9 and that we would have a specific agenda item to discuss the
ordinance of Conservation Collier.
If we -- and, again, I mean, I -- all of these pieces are good pieces
of property, but there are -- there are development rights that travel
along with even the first four. And per the current ordinance -- and the
County Attorney might be able to answer this question. If we approve
these purchases under the current ordinance that stipulates that those
rights can't be utilized by the county, are we locked into that?
MR. KLATZKOW: It's your ordinance. You can change the
ordinance, pretty much, however you want to structure it.
COMMISSIONER McDANIEL: Well -- and my question -- I
understand -- we've learned very well that what is created by the Board
of County Commissioners can be adjusted by the Board of County
Commissioners. But if we vote today -- and I'm -- by the way,
Commissioner Saunders, I'm kind of liking the first four pieces, but I'm
concerned that if we make that acquisition today that we would be
guided by the existing ordinance for the acquisition of those pieces and
prohibited from the utilization of those properties for mitigation and/or
development rights.
So doing the Hack piece now starts the process, let's us touch the
ordinance for acquisition, bring the balance back for future purchases
in the July part, so -- and that was my -- that was my concern.
Now, if we can move to make the purchases, adjust the ordinance,
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get happy with that and not be locked into the current ordinance, then I
can -- I'd be in consideration of moving on those first four.
COMMISSIONER SAUNDERS: Well, we have a motion and a
second.
COMMISSIONER McDANIEL: Yes, we do.
COMMISSIONER SAUNDERS: So I'm assuming from what
you said is that you're going to vote for the motion. I can count to
three, so I'm going to go ahead and vote for the motion as well because
I want to move forward with this, but I just think it's a mistake for us
not to move forward with the first four. But if it's the will of the Board
to go with No. 1 only, I'll support that.
COMMISSIONER McDANIEL: Only to the extent that we're
locked into the existing ordinance. If I can get some kind of guidance
or assurance that I'm not going to be tied.
COMMISSIONER FIALA: It looks like he's looking at it.
MR. KLATZKOW: You're not going to be tied. It's your
ordinance.
COMMISSIONER TAYLOR: No, but if we say that we're going
to purchase this today, there's an ordinance in effect today.
MR. KLATZKOW: I understand what you're saying, and you
can amend the ordinance so that you can strip off development rights
on anything you want, if you want.
COMMISSIONER FIALA: So in other words, his motion could
say, I want -- we want to buy all four but strip off the development
rights?
MR. KLATZKOW: No. We're just going to make -- if the
motion maker would consider it, we could adjust -- and/or vote on the
motion as it is and then bring back another motion and then adjust the
ordinance interimly and still get to where we want to go and buy those
first four pieces.
COMMISSIONER SAUNDERS: All right. So we could vote on
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the motion to purchase No. 1.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER SAUNDERS: And then we could make a
subsequent motion to purchase the other three under whatever new
changes you want to bring back at the next meeting.
COMMISSIONER McDANIEL: Okay. I'm down with that.
COMMISSIONER SAUNDERS: Then I'll call for the question,
Mr. Chair.
CHAIRMAN SOLIS: Okay. I'd like to say a couple things first.
COMMISSIONER McDANIEL: I think we're where we want to
go.
COMMISSIONER TAYLOR: Come on. You've had enough to
say.
COMMISSIONER McDANIEL: Oh, no. You're just the chair.
You're not allowed -- is his light on?
CHAIRMAN SOLIS: I don't have a light. This is the great thing
of having the middle chair; there's no light.
You know, just to go back to where I think this whole
conversation started when the three new commissioners started.
Again, I think we're all in favor, myself included, of conservation. I
think I've been fairly consistent -- I think I've been very consistent
saying that this was started by a referendum, it was extended by a
referendum. If we're going to start this program again, it should be
restarted pursuant to referendum.
My biggest concern is that we are, by going into the maintenance
reserves -- the program was suspended because at some point we
realized that the reserves that were set aside were not enough.
I am really concerned -- and we're now going to do what I think
somebody said they didn't like the state government doing, and that is
we're going to use reserves that are intended for one purpose for
another on the hope that there's going to be a referendum that will be
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adopted, which hopefully it will be, that will pay back these reserves.
That's what we're talking about, and that concerns me. I mean, I think
I've been pretty consistent on that.
Having said that, I'm also concerned with what staff has raised
about the hurricane season and the fact that we have put out a lot of
cash.
I understand that the vote was made to start the program up again,
and I respect that. I didn't vote for it, but I respect that.
And so in this situation, I actually would suggest that we buy two
of them, because I do think that the Gore property and the educational
possibilities there and the fact that there's an organization that's already
interested in kind of running that, that makes sense to me. If we're
going to do this, and it appears that we are, that, you know, I think --
you know, I will support the motion and the second that's on the table
now, but if anybody wanted to amend that motion and --
COMMISSIONER SAUNDERS: We could make a subsequent
motion.
CHAIRMAN SOLIS: -- buy two properties, you know, the Gore
property and the Hack property. The Hack property obviously is the
one that's critical. It seems to be the one, as I understood it, that was
the most threatened by development, and maybe the Gore property as
well. It's zoned residential.
COMMISSIONER McDANIEL: It's Estates.
CHAIRMAN SOLIS: Estates?
COMMISSIONER McDANIEL: Golden Gate Estates, yes.
CHAIRMAN SOLIS: Yeah, I mean, I -- you know, so it's up to
the motion makers, I guess, to call the question or not.
COMMISSIONER FIALA: Well, let me ask you as attorneys,
the both of you, and our attorney here, being that we have the bugaboo
that Commissioner McDaniel is concerned with, can you make a
motion and include that you strip off those development rights now
April 24, 2018
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even though it's there, or no?
CHAIRMAN SOLIS: I think the county attorney is telling us we
would need to amend the ordinance.
COMMISSIONER FIALA: First? Or you can't do it in a motion,
huh?
MR. KLATZKOW: You can buy the land now and amend the
ordinance later, if you want to do that.
COMMISSIONER McDANIEL: That's actually what I want to
get done.
MR. KLATZKOW: You can do it -- it's whatever the preference
of the Board of County Commissioners is.
COMMISSIONER TAYLOR: So we can -- with the portfolio of
conservation lands, if we amended the ordinance two meetings from
now, we could literally strip all the development rights off of what we
already own.
MR. KLATZKOW: If that's what you wanted.
COMMISSIONER TAYLOR: If we want to do that?
MR. KLATZKOW: Ultimately, yes.
COMMISSIONER TAYLOR: So retrospectively?
MR. KLATZKOW: Ultimately, yes.
COMMISSIONER FIALA: So who was the motion maker?
COMMISSIONER TAYLOR: I was.
COMMISSIONER McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: I'm going to stay by my motion
for the Hack property. I listened to staff. I watched this happen. I
don't take this budget issue that we're in very lightly. The idea that,
yes, some day we'll get paid by FEMA is the old story of, yeah, the
check is in the mail. We know it's going to come next week. FEMA's
notorious, and we've got some issues, some serious issues on the state
level that need to be solved before I feel more confident
recommending any other property.
April 24, 2018
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CHAIRMAN SOLIS: There are more lights on.
COMMISSIONER McDANIEL: Oh, I just was going to say
something to you. We're all done.
COMMISSIONER FIALA: And that is, being that we've already
learned that we -- this fund is not waiting for money to come back
from FEMA, I don't know that -- right?
MR. CASALANGUIDA: This fund has not been borrowed from.
There's no money to be reimbursed.
CHAIRMAN SOLIS: Well, it will be to purchase.
COMMISSIONER McDANIEL: In the event of a storm, it can
be borrowed from immediately. And staff is looking at this $32
million knowing that we spend a million dollars a year in maintenance,
round numbers. It's $30 million of ready cash that we can get at in the
event of another storm before the reimbursements come back from
FEMA. That's the issue that staff is having right now.
So -- and I think Commissioner Saunders' suggestion, I mean, you
know, we're only talking -- again, staff has recommended that these top
four pieces don't require more staffing. There is going to be an
increase in the maintenance component that travels along with that, so
that million dollar is going to go up over a period of time, but it's also
going to be latter part of this year before we make these acquisitions
and actually stroke the check.
COMMISSIONER SAUNDERS: Mr. Chairman, could I suggest
that we go ahead and vote on the motion, I'm assuming that's going to
pass, then I'm going to make a motion to acquire the Gore property
along --
COMMISSIONER McDANIEL: The other two. A total of three,
right?
COMMISSIONER SAUNDERS: Well, I'm thinking that we may
have to do this one at a time because I'm not sure if the chairman is
supportive of the others.
April 24, 2018
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CHAIRMAN SOLIS: I wouldn't be.
COMMISSIONER SAUNDERS: Yeah, okay. So let's vote on
the motion.
CHAIRMAN SOLIS: So there's a motion.
COMMISSIONER SAUNDERS: Let's get the Hack property
taken care of.
COMMISSIONER McDANIEL: And basically --
CHAIRMAN SOLIS: There's a motion on the floor that is to
purchase the Hack property and the multi --
COMMISSIONER TAYLOR: Parcel.
COMMISSIONER McDANIEL: Per the staff recommendations.
CHAIRMAN SOLIS: -- multi-parcel properties, which was part
of the motion. So there's a motion and a second. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Okay. Motion carries.
COMMISSIONER SAUNDERS: Mr. Chairman, I'm going to
make a similar motion for the Gore property.
COMMISSIONER McDANIEL: Second.
COMMISSIONER SAUNDERS: And that would also include
the language that Mr. McDaniel wanted in terms of the --
COMMISSIONER McDANIEL: And before we adjust that in
your motion, sir, my thoughts are we can make this -- I would rather
we have a publicly vetted discussion with regard to the adjustments to
the ordinance as opposed to us on the fly doing it. The County
Attorney's assured us that we're not locking ourselves up, so --
April 24, 2018
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COMMISSIONER SAUNDERS: It's just a motion to acquire the
Gore property --
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SAUNDERS: -- as well. Obviously, the Hack
property is number one.
COMMISSIONER FIALA: But you want the two -- excuse me
-- the multi-parcels rather than the other ones?
COMMISSIONER SAUNDERS: There's a whole different fund
for that.
CHAIRMAN SOLIS: The multi-parcels --
COMMISSIONER SAUNDERS: That's contributions.
CHAIRMAN SOLIS: -- are being paid for from contributions.
COMMISSIONER TAYLOR: Donations.
CHAIRMAN SOLIS: Donations, sorry.
COMMISSIONER FIALA: I'm sorry.
CHAIRMAN SOLIS: Different. It's got its own purchase
money, in essence.
COMMISSIONER FIALA: Pocketbook.
COMMISSIONER SAUNDERS: So that's the motion and the
second on the Gore property.
COMMISSIONER TAYLOR: And there's a second.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
COMMISSIONER TAYLOR: Opposed, for reasons stated.
CHAIRMAN SOLIS: Okay.
April 24, 2018
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COMMISSIONER SAUNDERS: Good job.
CHAIRMAN SOLIS: Anything else?
COMMISSIONER SAUNDERS: That was a good motion. That
was a good decision.
CHAIRMAN SOLIS: Very good.
COMMISSIONER TAYLOR: That's it. Oh, wait. And then part
of that motion, my motion --
COMMISSIONER McDANIEL: Are you changing it now --
COMMISSIONER TAYLOR: No, no. I want to make it very
clear for folks who feel that we have just abandoned Conservation
Collier, and I know that's what everybody feels --
COMMISSIONER McDANIEL: No.
COMMISSIONER TAYLOR: -- that we are going to revisit the
balance of what we have not purchased today in July.
COMMISSIONER McDANIEL: And adjust the ordinance
between then and now.
COMMISSIONER TAYLOR: Even if we don't, it doesn't matter.
COMMISSIONER McDANIEL: There's no abandoned -- well, it
does matter. We need to do it under the terms of the current ordinance.
But there's no abandonment here whatsoever.
COMMISSIONER TAYLOR: No.
COMMISSIONER McDANIEL: None.
MR. OCHS: So, Mr. Chairman?
CHAIRMAN SOLIS: Yes, sir.
MR. OCHS: What, if anything, is the expectation of staff with
regard to an ordinance amendment sometime in the near future?
COMMISSIONER McDANIEL: Set up an -- I can tell him. It
was my idea.
CHAIRMAN SOLIS: Yeah.
COMMISSIONER McDANIEL: Pick a day for the agenda, put it
-- I'll create an executive summary, and we'll bring it up, and in the
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meantime I'll meet with the environmental organizations to get their
suggestions. We'll have a public input part on it and make the
necessary adjustments and vote on them.
COMMISSIONER SAUNDERS: And, Mr. Chairman, I think
the sense of the Board is we want the Board -- I mean the staff, to
posthaste get the appraisals on those two parcels, get the negotiations
going, and bring us back a contract as quickly as you can.
MR. OCHS: We understand that. I just want some clarification
on the expectations on the ordinance amendment, so I think I'm
understanding that.
COMMISSIONER McDANIEL: Without going through it all
right now, again --
MR. OCHS: I didn't know if you wanted to vet it through the
CCLAC and --
COMMISSIONER McDANIEL: I have actually suggested to a
couple of the members of the CCLAC that they revisit it, but I don't
know that we necessarily -- they're the ones that -- I mean, the CCLAC
is the ones that are the most intimate with this entire process, and I just
don't want to take too much time, but I guess we have May and June.
CHAIRMAN SOLIS: Yeah, why don't --
MR. OCHS: We have some advertising requirements. I just
want to make sure we're not creating expectations we can't --
COMMISSIONER McDANIEL: I think that's a prudent thing to
do is have the CCLAC review it.
CHAIRMAN SOLIS: We can use the process that we have.
Let's have the CCLAC vet it and then bring it forward with
recommendations.
COMMISSIONER McDANIEL: I know I've met with the
Conservancy. I've actually made some suggestions to -- adjustments to
the ordinance with regards to things that we talked about today. So
anybody else -- again, it's not my mousetrap. It's just something that I
April 24, 2018
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think we ought to have a public format on and hear from folks as to
how they feel.
COMMISSIONER TAYLOR: And understanding, too, sir, that
-- what I'm understanding -- I need a clarification -- that for -- if for
some unforeseen reason we can't -- and I'm not suggesting it's going to
happen, so -- that we can't look at this ordinance until September and
we purchase properties in July, more properties in July, we can apply
the amended ordinance if it -- retrospectively, so --
COMMISSIONER McDANIEL: All the way back to --
COMMISSIONER TAYLOR: -- it's not going to jeopardize that
concept if it's considered a good concept?
COMMISSIONER McDANIEL: Correct.
COMMISSIONER TAYLOR: Or voted on by the Commission.
Is that correct, sir?
MR. KLATZKOW: I don't know why it's going to take so long
to get you that ordinance but, yes, that would be correct.
COMMISSIONER TAYLOR: Thank you. Well, I was --
COMMISSIONER McDANIEL: We're all good.
CHAIRMAN SOLIS: I would like to say one last thing. I am
really concerned, again, about using reserve money that's intended for
one purpose for another. I mean, that's -- and that's -- but that's what
we're doing today. The money that -- the $32 million is for
maintenance --
COMMISSIONER TAYLOR: It's not for purchase.
CHAIRMAN SOLIS: -- and we're going to use it to purchase.
So that means we're going to have this much more property and less
money to maintain it when we were already concerned we didn't have
enough money to maintain it. I mean, I think that's a fair assessment of
what's going on.
COMMISSIONER SAUNDERS: I don't think that's a fair
assessment at all.
April 24, 2018
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COMMISSIONER McDANIEL: It's not a fair assessment at all.
CHAIRMAN SOLIS: The $32 million was maintenance
reserves.
COMMISSIONER McDANIEL: I understand that.
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: And, again, everyone was led
to believe that that $32 million was a maintenance reserve in
perpetuity, and we've already been --
CHAIRMAN SOLIS: For what we have.
COMMISSIONER McDANIEL: For what we have. But in my
math, at a million dollars a year, plus whatever interest that we acquire
on that diminishing fund minus a million dollars a year, we really have
about 35 years in today's dollars of time in that maintenance reserve.
And last year when we made the adjustments in lieu of raising the
ad valorem to draw down up to the 17 million, we showed that now
there's going to be an increase. Now, if we were to have taken the
CCLAC's recommendation today, doubled the size of Conservation
Collier, your commensurate annual maintenance would go up at least
that amount, which would then shorten that 15-year period down to
seven and exacerbate the financial circumstances that we're currently --
that we're currently sitting on.
CHAIRMAN SOLIS: Right.
COMMISSIONER McDANIEL: So, now, we've also discussed
-- my recollection was last year when we were talking about this is that
we were going to work together for alternative funding sources,
potentially even another referenda in the '20 cycle, 2020 cycle, to come
back and replenish that reserve. So all that notwithstanding, we're --
these actions are nothing -- I know you didn't vote for it last year --
CHAIRMAN SOLIS: Replenishing reserves.
COMMISSIONER McDANIEL: Well, and that's part of the
process.
April 24, 2018
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CHAIRMAN SOLIS: And my concern is whether it's 30 years or
35 years, that's a small piece of perpetuity.
COMMISSIONER McDANIEL: Agreed.
CHAIRMAN SOLIS: And so that's my concern.
COMMISSIONER McDANIEL: Well -- and that's one of the
reasons --
CHAIRMAN SOLIS: I think we've rehashed it. Let's move on.
COMMISSIONER SAUNDERS: We've got a good 20, 25 years
that we have --
COMMISSIONER McDANIEL: And only -- that was one of the
reasons why I wanted to revisit the ordinance is there is a value in
these development rights that travel along with these acquisitions. And
if we have the capacity to utilize those for the benefit of the taxpayers
who are actually buying that land, we can replenish the reserves or
replenish the acquisition funds out of additional sources and not just,
per the current ordinance, strip the development rights never used
again. The end, period.
CHAIRMAN SOLIS: Thank you.
MR. OCHS: Mr. Chairman, I think the record, if you go back, it
was the Board said they would either replenish the reserves with
proceeds from a new referendum if it's successful, or failing that you
would adjust your millage rate to offset that loss.
CHAIRMAN SOLIS: Right. Without a referendum.
MR. OCHS: Right. So I've written that down.
COMMISSIONER McDANIEL: I'd be kicking and screaming
all the way on that one.
CHAIRMAN SOLIS: Right, and then we're faced with the issue
that --
COMMISSIONER McDANIEL: We'll get it.
CHAIRMAN SOLIS: -- the referendum is supposed to address.
COMMISSIONER McDANIEL: It will be okay.
April 24, 2018
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CHAIRMAN SOLIS: Okay. Moving on, thank you.
Item #11C
REESTABLISH THE “TICKETS TO RIDE” PROGRAM AND
AUTHORIZE STAFF TO DEVELOP A STANDARD USE
AGREEMENT TO BE MADE AVAILABLE TO ALL WILLING
VENDORS FOR COLLIER COUNTY CITIZENS
RECREATIONAL AMENITIES FOR ALL-TERRAIN VEHICLE
(ATV) USE IN SOUTHWEST FLORIDA AT A COST NOT TO
EXCEED $20,000 ANNUALLY AND SUSPEND SITE
EVALUATIONS - MOTION TO APPROVE – APPROVED
MR. OCHS: Sir, next item is Item 11C. This was continued from
your March 27th, 2018, meeting. It's a recommendation to re-establish
the "Ticket to Ride" Program for ATV use in Southwest Florida.
Mr. Barry Williams can make a presentation or answer questions
from the Board at the Board's pleasure.
COMMISSIONER TAYLOR: Make a motion to approve.
COMMISSIONER SAUNDERS: I'll second that.
MR. OCHS: Commissioner, we do have something we want to
put on the record to clarify one element of the recommendation, if we
might.
Barry?
MR. WILLIAMS: Commissioners, Barry Williams, Parks and
Recreation director.
Just your ad hoc committee did come up with protocols for the
"Tickets to Ride." And one of the things that they emphasized -- and
what we're looking at is to manage the project with the interest funds.
So one of the things that wasn't in the executive summary that we
wanted to make part of the recommendation was we want to give two
April 24, 2018
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tickets per participant over the age of 18 with a 90-day window of use,
but we want to give those two tickets in a 30-day window for them. So
every month you could come in and get those two tickets to use at one
of the participating parks.
So that's the only thing I wanted to add.
COMMISSIONER TAYLOR: Yeah, thank you. That was a
question.
MR. OCHS: Commissioner McDaniel, does that work for you,
sir?
COMMISSIONER McDANIEL: Yes. That is -- and my light's
on. There's a motion and a second. Can I speak?
CHAIRMAN SOLIS: Sure.
COMMISSIONER McDANIEL: I made a request of the Ethics
Commission general counsel with regard to the theoretical conflict of
interest, and for -- as long as I -- and we all know it's not legal for a
county commissioner to do business with the county and have any
financial gain or renumeration from votes that come to do with it, and I
have an opinion from the Ethics Commission that I am allowed to
participate in these discussions and vote. Just -- because I -- when we
brought this up -- and when this came up a couple months ago, I saw
some people flinching.
So I went out and asked and have an opinion here. So I'll make it
-- I'll make it part of the record as well. But I like the motion, by the
way.
CHAIRMAN SOLIS: So there's a motion and a second -- and
there's no speakers? No speakers?
(No response.)
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
April 24, 2018
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CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
MR. WILLIG: Thank you.
Item #11D
ACCEPT THE US41 CORRIDOR STUDY AS A
SUPPLEMENTAL PLANNING TOOL, AND DIRECT STAFF TO
BEGIN THE IMPLEMENTATION OF THE INFORMATIONAL
AND SHORT TERM RECOMMENDATIONS, AND PREPARE
FOLLOW-UP ITEMS WITH A MORE DETAILED PLAN FOR
THE LONG TERM RECOMMENDATIONS FOR FUTURE
BOARD DIRECTION - MOTION ACCEPTING THE REPORT –
APPROVED
MR. OCHS: Item 11D is a recommendation to accept the U.S. 41
corridor study as a supplemental planning tool and to authorize staff to
begin implementation.
Mr. Bosi will make the presentation.
MR. BOSI: Good morning, Commissioners. Mike Bosi,
Planning and Zoning director.
Just to give you a little bit of context to the individual study, this
was directed by the Board of County Commissioners at the beginning
of last year, 2017. We had started with the concept of potentially
enabling a moratorium on specific land uses. The Board was not
comfortable with that approach. They, instead, directed staff to go out
and speak with the community, engage them within the public
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planning process, and evaluate through various means what type of
land uses they would like to see most promoted within the U.S. 41
corridor study.
And with that, we went out and engaged the community with the
help of Laura DeJohn and Johnson Engineering, who provided a
tremendous amount of support and organizational aspects to the study.
The U.S. 41 corridor, essentially, was from Palm Street,
Commercial Drive, down to Price Street. A better approximation
would be 951 and 41, Airport Road and U.S. 41, and that was the area
we put the focus study, and that's the area where we have a large
amount of leftover commercial strip zoning, shallow lot, but
commercial strip zoning along that auto-oriented U.S. 41.
We engaged in three publicly advertised meetings: October 3rd,
November 7th, and January 16th. Very well attended at the various
community facilities within the East Trail area, and we had a wrap-up
meeting on February 21st where we provided the results and just went
over what we learned from that individual meeting.
How we had gained a lot of individual preferences was from a
visual survey preference, and for this I really did lean upon Johnson
Engineering in terms of there was about 20 different images, and there
was three to four images that showed different concepts of building
arrangement, landscaping, setback, architectural features, and we asked
the audiences to provide feedbacks as to which of those images that
they found most appealing, and from those choices, we were able to
discern a number of different aspects about community design and
what -- the community design that the population would most like to
see within that 41 corridor.
We also had a second part to each one of those public meetings
where we asked for -- or we provided open-ended questionnaires
where the participants in the meeting were able to provide us whatever
areas that they felt we needed to know about in terms of what their
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concern was or where they thought their opportunities were moving
forward related to what they would like to see developed.
One of the things I learned early on within the process, it's a very
hungry crowd out there in the sense that they were very supportive of
restaurants, particularly sit-down restaurants. But what we did was
from the written comments that we received on October 3rd, the 7th,
and on the 16th, we basically took the words, the words that were
provided within there, and whichever words came out the most are the
ones that you see highlighted within that bubble, that screen. And
restaurants, need, traffic, building, corridor, Costco, landscaping
development. Those are the type of things that we saw as a common
occurrence.
And then we grouped those written comments within categories.
And the top of the categories were preferred development meaning the
type of specific end-users that they would like to see. Rebranding was
something that we heard a lot of. Traffic, bikes and pedestrian, not
preferred development, incentives to redevelopment, design,
landscaping, infrastructures, open space, and redevelopment. A lot of
things from a planning concept that you have within emerging
corridors but also within parcels of land that may be aging as well. So
it was a mix. But those are traditional concepts, but the community
was spot on in terms of what they felt they wanted to communicate to
us.
Based upon that we grouped it into five individual overall
messages that we heard from the community. Community identity was
one of the first, and East Naples residents support branding the area to
make the assets of the area known and attract more of what the
community wants. We heard that we felt, or that the area felt that there
was a legacy of negativity associated with the East Trail and that the
new developments, the activity that has happened recently, needed to
be highlighted and accentuated, and the opportunities that the future
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holds has to be the focus of how we talk about the corridor and not
focusing upon what, maybe, the shortcomings were, but where the
opportunities -- and where those opportunities can really be realized to
the community's benefits or assets.
The second was new and different businesses being desired.
Hotel, restaurant, grocery options, wholesale clubs, restaurants, and
any change must be part of a framework that controls the appearance
of intensity and traffic.
Third, as you can imagine, transportation. Transportation was, the
corridor has too much traffic and not enough safe bicycle and
pedestrian features and open space. And that's one of the things we
heard on a regular basis. As you can imagine, a corridor with six
lanes, high-moving traffic, they really felt that the other multi-modal
aspect of transportation was underserved, meaning your bike and your
pedestrian assets, and that will be part of some of the longer-term
recommendations we'll get to in a little bit.
Also redevelopment. Improvement of unsightly older buildings
and vacant commercial buildings is needed. And I think you're starting
to see, and we will see moving into the future, a continuing of that
trend of re-purposing or reusing existing -- some of the more
dilapidated structures or land uses.
As part of the larger aspect of our Land Development Code that
we do have to engage in, we've developed a redevelopment section
within our Land Development Code to a point. But we as plan -- or we
as an aging community also recognize that that redevelopment effort
has to be moved on, and that's another one of the longer-term
recommendations that will be coming from the study.
And then third (sic) was landscaping. Enhanced appearance along
the roadside. And one of the things that I'm reminded, each of the
participants, all the new developments that are coming on, they lift the
overall built environment, the feel of the built environment, because
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they're meeting our architectural codes, they're meeting our landscape
codes, they're providing the required amount of green space and,
because of that, each new project has a way of lifting up that
immediate surrounding area.
The first -- the first two groupings were informational
recommendations. The first being civic and business organizations
throughout that community, the East Naples Community Association
being one of strong community groups out there, one amongst many.
Civic and business organizations should work together to establish a
theme and identity and then promote the community and its vision.
The second desire of businesses, the county's GMD department
should provide information to the development community about
outcomes of the study and the uses that are preferred. And what we're
going to do with that, one, I'm going to provide the Development
Services Advisory Council, DSAC, a copy of that written report so
they can disseminate it to their members, but also if there's a
pre-application meeting that is requested, we'll hand out a courtesy
copy of that report just to provide that individual or that business
interest an understanding of what the community has expressed the
type of land uses that they're looking for and they want to support.
The second grouping of recommendations would be short-term
recommendations. In the first four of the recommendations we're
asking the Board to provide staff direction to move out and develop a
plan to take action upon these.
Redevelopment and development standards. New development
will meet the Collier County architectural and signage standards and
further refined redevelopment standards. All of the new development
is required to meet your architectural signage and your landscape
standards, but we're going to look at the redevelopment section to see
where those can be improved, tweaked to bring more of the desired
effect of that individual study.
April 24, 2018
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And a second aspect underneath that third recommendation, for
gas stations and self-storage development, consider separation
requirements, location standards, or minimum percentages of office
and retail mix as part of these developments that might mitigate their
proliferation along the corridor.
One of the things that Commissioner Fiala's expressed frustration
with, at least the mini-storage facilities, is they're not daily
neighborhood serving. They may serve the needs of the neighborhood
from an occasional purpose of where you store your stuff, but you're
not interacting with them on a regular day-by-day basis.
There could be a component where within the storage facilities, if
they were along those corridors, we could require a percentage to be
dedicated to office, commercial, retail, something along those lines.
But it's something we'll have to evaluate, and we will have to bring
back through the advisory boards and then, ultimately, to the Board of
County Commissioners for your evaluation.
The fourth of the recommendations relates to landscape and
implementation of roadside landscape enhancement strategy for that
U.S. 41 corridor study. Pam Lu -- engaging with Pam Lulich's group
in terms of what are the plans for it. They're recognizing that is a state
road, so there's limitations in terms of how much leeway and discretion
that we have related to those, and review options for enhancements
along the roadside landscaping in the right-of-way.
And the long-term recommendations were, one, to not only
identify the four activity centers that were -- that sit within that
corridor, just confirm their locations, evaluate their expansion, but also
consider two individual other locations at St. Andrews Square and the
Vincentian PUD, Eagle Lakes Park, see if there -- does it make sense
at those two locations to designate similar type of future land use
designations that would have -- related to activity centers which have a
full range of commercial zoning, but also allows for mixed-use
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development -- Commissioner Taylor?
COMMISSIONER TAYLOR: Yeah, I have a question.
The one on Airport Road, will you define the borders of that,
which -- what activity center are we talking about there?
MR. BOSI: The U.S. 41 and Airport Road, the two corners that
abut Airport Road to the east and the west, that's a portion of the
activity center. The Courthouse Shadows is included within that
activity center as well. I can provide -- I will send your office a copy
of that activity center boundary.
COMMISSIONER TAYLOR: It's just those four corners. At
least two of those corners are in the CRA.
MR. BOSI: Yes.
COMMISSIONER TAYLOR: So that would be conflict because
that should be left to the CRA because they're master planning that
area.
MR. BOSI: Yeah. We did -- we touched nothing other than that
was a recommendation just to confirm that location.
COMMISSIONER TAYLOR: Is an activity center?
MR. BOSI: That's an activity center. Where the -- we were very
prudent not to extend to any of the area that the CRA is currently
involved within the redevelopment of that CRA plan, so we know
that's part of what's going on right now. So we really kind of limited
our focus from that area, and it was more towards those areas outside
of the CRA.
COMMISSIONER TAYLOR: Yeah. Because the preferred new
types of development may not concur with what this master plan
comes forward with. That's all. So if you identify the Airport Road
area and it's within the CRA, allowing new -- allowing preferred new
types of development have not been determined, at least by the CRA's
process.
MR. BOSI: The type of development that can come forward is
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only dictated by your zoning, so we would not be suggesting any
changes to the individual zoning that is underneath the purview of the
CRA. We know that the redevelopment plan may have some
modifications to the land uses allowed within that area that we haven't
had an opportunity to be in concert with. We know that that's their
bailiwick, and we know that that's an area that they're focused upon.
COMMISSIONER TAYLOR: Okay. My ears perked up when
you said when a developer comes in, and then we can hand -- this is
what we want. It shouldn't be handed in with Airport Road, because
that's the master plan.
MR. BOSI: Understood, understood.
COMMISSIONER TAYLOR: Okay.
MR. BOSI: And in that regard, we most certainly would direct
them to --
COMMISSIONER TAYLOR: The master plan, whatever it
becomes.
MR. BOSI: -- to the Bayshore CRA for that first conversation.
We'd let them know that that's where they need to go first.
COMMISSIONER TAYLOR: Thank you.
MR. BOSI: And then, finally, your transportation needs. And
your transportation needs are probably your longest in terms of long
range, and it has everything to do with the state. That's a
state-controlled road.
Identify opportunities to use connecting streets for bicycle and
pedestrians, and those are some of the opportunities that you develop.
The secondary streets that line -- that run parallel to 41, see if those
opportunities could be enhanced in any way in terms of pedestrian or
bicycle lanes, transportation avenues.
Coordinate with the Collier MPO on the pedestrian/bike master
plan and identify a location for new sidewalks, bikes, transit, and
greenway connections to serve the corridor. Establish design criteria
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to promote secondary corridors, as I mentioned, to connect commercial
to mixed-use centers, and coordinate with county transportation staff
and Florida DOT on options for retrofit and enhancements starting
with intersections.
One of the things that -- one of the activities that I engaged in
related to the restudy was Laura, myself, and Dan Berdin (phonetic)
went outside and just crossed U.S. 41 at Airport Road. And what are
some of the observations that he had made related to the signalization
and how the signalization works and how it was a bit dated. He had
said just some simple improvements that can be -- that could be
initiated that are low cost, but all of those things will take coordination
with the FDOT, so that's just something so we know that that's
something that will be an evolving and ongoing process.
And, with that, that is the conclusion of the recommendations. I
will say, just from a personal note, this is one of my most enjoyable
projects that I've worked on with the county. The community was very
engaged, they were very interested in the process, and they were -- and
they were very -- they were very supportive of the individual meetings
that we had, and the end, the wrap-up meeting, I think everyone felt
that their time was -- their time was well spent, their voice was being
heard. And, as I told Commissioner Fiala during the process, the one
lasting legacy that we can walk away from is the community knows
that we are interested and we want to promote the visions and the land
uses that they want. They are also recognizing there's limitations
towards what government can and can't do in terms of picking
individual users.
But the overall message I received was the community was
supportive of the effort and is anticipating and excited to see the
changes that have recently come to the U.S. 41 corridor and excited
about what is coming into the future.
And with that, any questions the Board may have?
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CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: I have no questions but, first of all, I
want to tell you you're absolutely right. They were thrilled that you
were there. They were thrilled that you were listening to them, that
they were being heard, and that they were asking instead of being told
what they like. That gave them hope for a better outcome in the end,
and that's a good thing. You know, people have to start with
excitement about where they're going to be.
One of the things we put in place a long time ago was any old
buildings that you want to get rid of, you don't maybe have to get rid
of, you can invite young businesses, new businesses, floundering
businesses to get into one of those buildings with zero, zero, zero
impact fees, and that's an enticement to use that place, fix it up, and
they'd have the money, because they don't have to pay any impact fees,
to then maybe start a thriving business.
They -- business is a difficult thing in that area, as Mike well
knows, because there aren't many, and people would really like to have
places to shop, and the reason is because they would prefer not to shop
and go someplace else. They would prefer to stay on the roads that
they live on, and that's something else Mike found.
So after your successful presentations, then I sent out a little
thing. I have this thing called Tidbits. It's just asking for people's
opinions or giving people opinions. So I sent this out in Tidbits, and I
said, "What would you like to see in this area?" I have about 1,800
people that are, in the Tidbit grouping, and we get 366 answers back in
just a two-week period of time, with about a thousand suggestions,
which was wonderful.
Mike, my assistant, he put them into kind of a cute little form here
to see. The ones that stand out the biggest, just like Mike said,
restaurants was the biggest one because they need more places to go to
eat.
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One of the misconceptions that people have had over the years is
that they figured, maybe because of the appearance of the area or
whatever, that we all needed fast-food restaurants. But these people
want to sit down and eat. Most of the people that live out there now
are retirees. They've been cooking all their life. They don't want to
cook anymore. They want to be taken out to eat. They want to go out
to eat with their neighbors. They want to sit down over a meal. And,
you know, you don't have that many poor people that want to go out
and eat. These people want to go out, and they want to stay here.
They don't want to be driving to the north end of town. So restaurants
featured big.
One of the things we almost had a long time ago was a Target.
Where the Kite people now built the Stein Mart, it was supposed to be
a Target. Mike, you were probably involved in that where they
changed all of that permitting and everything, and then they had to --
but then Target got hit real hard by the hackers, and it really ruined
their business for a while, so they pulled out of that shopping center.
People were really disappointed appeared because they didn't have a
place to go like that.
Well, then we were going to get Sam's Club, and they were --
people down in the City of Naples as well as up on Marco Island were
really thrilled, the business owners, because they would have had a
place to go to buy things in quantity. But then that went by the
wayside when the Sam's Club people invested in the Amazon.com.
So here is the results of some of their thoughts, and these are just
by category. I have it broken down, but there's way too many to give
you over here. But I had it broken down into more things that they
want specifically in each of these categories as well. So -- and most of
all, they were thrilled to know that maybe you would be still involved
with us and lead us, because none of us are capable of leading us to
where we need to go. We need a leader. We need somebody to help us
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through that process and guide us so that we can come up with a
positive outcome, and we're just hoping you will.
MR. BOSI: Commissioner Fiala, I appreciate the confidence. I
most certainly am available, and I serve at the direction of the Board
however you want us to move forward with the initiative and follow it
up to the next step.
As we've recommended, we have two sets of recommendations:
Informational and shorter-term. We're asking the Board for staff to go
back, develop a plan to engage with the community and come back
with results to the Board of County Commissioners related to those
areas, and then we will develop a longer-term strategy for those
longer-term issues that were contained within the report as well.
COMMISSIONER FIALA: That is terrific. Would you mind if I
took all the breakdowns of all these different categories and sent them
to a few of the shopping center developers to give them ideas of what
we would like?
MR. BOSI: Well, Commissioner Fiala, you're the commissioner
in the district. I think you have the liberty to do so.
CHAIRMAN SOLIS: You can do whatever you like. You're the
boss.
COMMISSIONER FIALA: Okay. Well, I would like to do that,
too, so that maybe, if anybody's interested, we could pass that on to
you as well.
Right now we've got a proliferation, and more coming all the
time, with more new storage units. I don't know, how many do we
have now, 11? Somewhere right in that area.
MR. BOSI: I think there was 10 that were located within the East
Trail area.
COMMISSIONER FIALA: Yeah, plus the flea market that's
coming on down the road, too. Yeah, there's quite a few. And you can
only use so many. I'm wondering how long they'll go before they
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realize that they're going to go broke, because there's going to be so
many of them.
And gas stations, we've got four more now coming on. But it will
be nice to see something other than that on our road.
So, Mike, we're going to see if we can't get together with you
right away and start the process.
Thank you.
Folks, he was great.
CHAIRMAN SOLIS: Thank you.
COMMISSIONER McDANIEL: Is my light on?
CHAIRMAN SOLIS: It's not staying on, but I see it. Go ahead.
COMMISSIONER McDANIEL: Well, first off, I was going to
ask Commissioner Fiala how she felt about the corridor study, but
we're not going to go there. Thank you so much for sharing.
And I just have a question -- I have a question for you, number
one, and that is I find it interesting, and I've gotten several emails,
about a mini-storage unit that's coming up apparently out on the East
Trail. Why is there an objection to these? They're very low intensity,
low traffic, maybe don't service the wants of the necessary community
--
COMMISSIONER FIALA: That's the reason.
COMMISSIONER McDANIEL: Okay. So I just was wondering
why --
COMMISSIONER FIALA: What they're hoping, instead of so
many -- you know, because even with the number of people we have, I
don't think we're going to use all of those storage units. I think it's --
you know, what they'd really like is something that they can use,
something they can go to the movie in or sit down in dinner at or buy a
dress in.
COMMISSIONER McDANIEL: Gotcha. I saw your list there,
and I just --
April 24, 2018
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COMMISSIONER FIALA: Yeah. So -- and storage units, and
they're all three stories now that are coming in.
COMMISSIONER McDANIEL: Sure.
COMMISSIONER FIALA: So they almost create a canyon
effect, and that isn't very inviting. And if you're a restaurant, do you
want to locate between two storage units? See, that's another thing. Or
maybe a storage unit and a gas station.
COMMISSIONER McDANIEL: Yeah. It was just a question
that I had.
And then the second question that I had was maybe for staff. And
there's been some discussion about a specific overlay for East Naples
with a master plan similar to what we have with Golden Gate Estates.
COMMISSIONER FIALA: That's what we're doing here.
COMMISSIONER McDANIEL: This is all the precept to get to
this point for this actual overlay?
MR. BOSI: Those are conversations I've not been a part of. I've
been a part of the study. That may be what -- the conversation
Commissioner --
COMMISSIONER McDANIEL: That's why I'm asking the
question.
MR. BOSI: -- Commissioner Fiala wants to speak to me --
COMMISSIONER FIALA: Surprise.
MR. BOSI: -- about. But that would be something that we would
have to have a full discussion with the Board of County
Commissioners about.
COMMISSIONER McDANIEL: Okay. Well -- and it was a
question that I was asking, because I've been -- the weeds have been
talking, and I knew that there was -- the accolades were going along,
and positively, with the corridor study.
And the last point that I wanted to make to you was thank you for
considering doing this, going through the process, engaging the
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Page 167
residents of Eastern Collier County. This is -- this is a shift from how
we had been conducting business in the past with the moratoriums and
that sort of thing, and you flinched a little bit last year when we
suggested this.
COMMISSIONER FIALA: Oh, I still do.
COMMISSIONER McDANIEL: I know you do. But I wanted
to say thank you, because this is the -- this is the advent of good
governance, engaging the people and letting them know through an
educational process what zoning rights, what property rights currently
exist.
COMMISSIONER FIALA: Are left.
COMMISSIONER McDANIEL: Are left, and what they can, in
fact, be used for. So thank you, again.
CHAIRMAN SOLIS: Is there a motion to accept?
COMMISSIONER McDANIEL: I'll make it -- well, let her do it.
COMMISSIONER FIALA: I'll make a motion to accept.
COMMISSIONER TAYLOR: I'll second that.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Thank you. Great job.
COMMISSIONER FIALA: Thank you for indulging us.
CHAIRMAN SOLIS: I think we're ready for a break for our
court reporter.
MR. OCHS: Yes, we are.
April 24, 2018
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CHAIRMAN SOLIS: So we'll be back at 3:20. I have to make a
call.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN SOLIS: And just before we start, I may have to
duck out and take a call, and I will -- if I do, I will leave it in the
capable hands of the vice chair.
COMMISSIONER McDANIEL: And we will endeavor to
persevere.
Item #11E
AWARDING ITB NO. 18-7276 COLLIER COUNTY LANDSCAPE
BEAUTIFICATION MASTER PLAN “IMMOKALEE ROAD
(COLLIER BOULEVARD TO WILSON BOULEVARD)
LANDSCAPE AND IRRIGATION INSTALLATION” TO
HANNULA LANDSCAPING AND IRRIGATION, INC. FOR
$1,512,274.87 (PROJECT NO. 60208) – APPROVED
MR. OCHS: That takes us to Item 11E, Commissioners. This is
a recommendation to award a contract for median landscaping along
Immokalee Road between -- where are we going -- between Collier
Boulevard to Wilson Boulevard in the amount of $1,512,274.87 to the
lowest responsive bidder, Hannula Landscaping, and Mr. Joe Delate,
your principal project manager can make a presentation or respond to
questions to the Board or stand there looking handsome and wait for a
motion.
CHAIRMAN SOLIS: It is a great tie, by the way.
COMMISSIONER SAUNDERS: Mr. Chairman, unless there's
some questions or anything, I'll make a motion to approve the staff
recommendation.
April 24, 2018
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COMMISSIONER TAYLOR: Second. Go ahead. No, you want
to second that.
COMMISSIONER McDANIEL: I'll be fourth.
CHAIRMAN SOLIS: Commissioner Fiala's light is on. Did you
want to --
COMMISSIONER FIALA: Yeah. Well, what I was just going
to say is, first of all, Joe Delate does a great job over there.
MR. DELATE: Thank you.
COMMISSIONER FIALA: And it's a pleasure working with
you. And the second thing is, who's the landscaping architect on this?
MR. DELATE: That would be Ellin Goetz from Goetz &
Stropes.
COMMISSIONER FIALA: Okay. Good. Thank you.
CHAIRMAN SOLIS: There's a motion and a second. 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: Here we go.
MR. OCHS: Thank you, Joe.
MR. DELATE: Thank you very much.
Item #11F
REGULARLY SCHEDULED DAYTIME HEARINGS AND
WAIVE THE NIGHTTIME HEARING REQUIREMENT -
MOTION DIRECTING STAFF TO ADVERTISE THE MEDICAL
April 24, 2018
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MARIJUANA FOR THE FIRST READING AT THE MEETING
ON MAY 22, 2018 AT 5:05 P.M. – APPROVED
MR. OCHS: Commissioners, that takes us to Item 11F that was
previously Item 16A12 on your consent agenda moved to the regular
agenda at Commissioner Taylor's request and approved by the Board
this morning to be moved. That's a recommendation to hear Land
Development Code amendments at two regularly scheduled daytime
hearings and waive the nighttime hearing requirement.
COMMISSIONER TAYLOR: And the reason I brought this
forward is this -- the subject is a very sensitive subject for our
community, and I just don't think we -- I think we owe it to our
community to have that hearing after five as well as the daytime
hearing, so that's all my -- and, you know, that's why I would like to
see if I've got a vote. And it's a supermajority or no?
COMMISSIONER McDANIEL: The vote on the Land
Development Code issue is a supermajority, but this one's just to waive
or not waive. This one here we can just do on our own.
MR. OCHS: So let me ask Mr. Bosi, is that medical marijuana
dispensary LDC amendment standalone, or is that part of a larger
group?
MR. BOSI: It's part of a larger group.
MR. OCHS: Do you want to hear all of them, Commissioner, as
an evening meeting, or just that particular item?
COMMISSIONER TAYLOR: Well, I don't --
CHAIRMAN SOLIS: If it's a large group, it's going to be a larger
discussion than just the medical marijuana.
MR. OCHS: Potentially, yes.
COMMISSIONER TAYLOR: Well, that's a good question. I
don't know the answer to that. But I know that with medical
marijuana, I think we need an evening meeting. So I'll bow to my
April 24, 2018
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colleagues. What you decide I'll go along with, if there's even support
to do this.
COMMISSIONER McDANIEL: I like the idea. I think -- there
again, I think every effort we can make to involve the public and
provide for meeting times that folks that actually work for a living can
participate, should they choose, we should try.
COMMISSIONER SAUNDERS: Can we have those evening
meetings at the same time we're having our -- the same day as we have
our regular meeting?
MR. BOSI: Commissioner Saunders, the intention would be --
the first time we're bringing it would be the May 22nd board hearing
date. If it was decided that we were going to have the night meeting,
we would just segment out -- if we were done with our business before
5:05, you would pause the meeting and then bring it back at 5:05.
COMMISSIONER SAUNDERS: It will be the same day.
MR. BOSI: Yes, same day.
COMMISSIONER SAUNDERS: That's what I was asking, so...
CHAIRMAN SOLIS: And it will just be this particular
amendment?
MR. BOSI: Yes.
CHAIRMAN SOLIS: It's not going to be a whole meeting.
COMMISSIONER TAYLOR: Okay. Okay.
COMMISSIONER McDANIEL: Do you want to make a motion,
or do we -- yeah, we've got to make a motion on it. She pulled it, so...
CHAIRMAN SOLIS: Well, the recommendation was to hear --
MR. OCHS: To waive the night meeting.
COMMISSIONER McDANIEL: To waive, so we've got to --
MR. OCHS: It's contrary to the recommendation.
COMMISSIONER McDANIEL: We've got to make a motion to
not.
CHAIRMAN SOLIS: Or we just don't do anything?
April 24, 2018
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MR. BOSI: I think --
CHAIRMAN SOLIS: We don't approve it.
MR. BOSI: A motion -- or direction to staff to advertise the night
meeting for the first reading of the medical marijuana scheduled for
May 22nd.
COMMISSIONER TAYLOR: Okay. So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN SOLIS: There's a motion and a second. 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.
MR. OCHS: Thank you, sir.
Item #12A
THE BOARD CONSIDER AN ORDINANCE AMENDING THE
BOARD’S GENERAL ADVISORY BOARD ORDINANCE TO
INSTITUTE TERM LIMITS ON ADVISORY BOARDS –
DISCUSSED
MR. OCHS: That moves us to Item 12A, County Attorney's
report. This item is a recommendation that the Board consider an
ordinance amending the Board's general advisory board ordinance to
institute term limits.
MR. KLATZKOW: And, Commissioners, for quite some time
April 24, 2018
Page 173
we had a provision that had term limits. A prior board decided to
eliminate that. We've had that provision for a number of years, too.
Quite frankly, both ways work. It's just a preference of the particular
Board whether or not you want term limits.
COMMISSIONER TAYLOR: The only thing that I see, if we
agree that the wording of the strikethrough -- if there's -- there is
support to issue term limits, the only thing I had an issue on is the
unanimous opinion of the Board to reinstate a member to a committee.
There is -- I guess it is D, by unanimous vote of the commission.
I don't think it should be unanimous. Maybe a majority or
supermajority, but not unanimous.
COMMISSIONER McDANIEL: That's struck.
COMMISSIONER TAYLOR: No, no. The original -- when we
did term limits here is what's struck through, and then if you look at it
--
MR. KLATZKOW: Originally, you had this ordinance A
through F, and that allowed term limits, and then a board a number of
years ago struck those provisions. And so you, in essence, have both
versions before you. You have the unstruck, which is what you
currently have, and then you have the struck version, which was what
the prior board had.
COMMISSIONER McDANIEL: Which basically is -- I'm sorry.
We're doing it on the light thing, so...
Commissioner Fiala was first.
CHAIRMAN SOLIS: Commissioner Fiala's light's on.
COMMISSIONER FIALA: Okay. All I was going to say was I
can understand term limits on boards. And, in fact, sometimes, you
know, people have been on there a long, long time, and maybe they
need to get off, you know; you never can tell. But what I worry about,
I fear is, like, some boards can't get anybody else to serve on that board
then. Sometimes people are just not interested.
April 24, 2018
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And I don't know -- I can think of, like -- and I'm thinking of the
CRA board right now. They have a problem getting new people to
come on board, and when somebody dies, which happened, or when
somebody drops off, which happened, they can't even get those places
filled, and the other ones have been filling -- sitting on there for a long
time.
So, you know, then it would be a problem if we have that
mandatory things. Yet, other boards really probably need some new
blood on them. So, I don't know how to think about that. I'm looking
for guidance from other people.
COMMISSIONER SAUNDERS: Mr. Chairman, don't we --
when a board member's term expires, aren't we the ones that reappoint
them for the next term?
CHAIRMAN SOLIS: Yes.
COMMISSIONER FIALA: Yeah.
COMMISSIONER SAUNDERS: So if you have a board
member and you think they've been on there too long, you need new
blood, you just don't reappoint them. I'm not sure why we need to do
this is the point I'm making.
COMMISSIONER FIALA: You know, I think one of the things
-- and maybe this is the reason they proposed it. I don't know this. I
did not propose it.
COMMISSIONER TAYLOR: I proposed it.
COMMISSIONER FIALA: But every once in a while you'll
have board members continuing to repeat -- you know, they always
nominate their own board members. Somebody new wants to get on
there, but they don't choose them because they don't know how to say
no to the person that's sitting at their table.
COMMISSIONER SAUNDERS: But we would know how to
say no to them.
COMMISSIONER FIALA: No, that's exactly right. But the only
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thing that comes to us is their recommendation. We can say, no, we
don't want to take that recommendation, we want to get that other
person, but --
CHAIRMAN SOLIS: I think the question is, if others apply and
there is -- there are term limits, then can that person be recommended
again? That's the effect of it, right?
COMMISSIONER SAUNDERS: Yeah. If there are term limits,
then you wouldn't be able to reappoint someone who served their term,
even if there was no other applicant.
COMMISSIONER TAYLOR: Maybe it would force these board
members into succession planning.
COMMISSIONER McDANIEL: No.
CHAIRMAN SOLIS: I see it.
COMMISSIONER McDANIEL: It doesn't stay on.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER TAYLOR: There should be a little primmer
as you do your Sunshine Law primmer on these advisory boards; there
should be a primmer on succession planning.
COMMISSIONER McDANIEL: My understanding of this is --
and I think this came about because sometimes there is the issue of
board members that stay on too long. I recently had to invite a
long-time, long-standing member of the community to resign from an
advisory board because that person had been there too long.
And it's very, very precarious. So now -- the way -- which one is
set up? The one that -- the unstruck version or the struck version?
MR. KLATZKOW: The one that you currently have is unstruck.
COMMISSIONER McDANIEL: So A and B, which means that
the board members serve at the pleasure of the Commission.
MR. KLATZKOW: Yes.
COMMISSIONER McDANIEL: I think that's fine.
COMMISSIONER SAUNDERS: I agree.
April 24, 2018
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COMMISSIONER TAYLOR: All right. I think there should be
a framework which by -- not all the boards. You know, there are
certain boards, advisory boards, I think that would not fall under this,
this definition of term limits. I think the Planning Commission is
probably one of the ones that comes to my mind right away. I mean,
that's -- no. We appoint on the Planning Commission.
But on these boards, I think a board member, when he's appointed
to a board, an advisory board, goes into it understanding that maybe
they have two terms or three terms, or whatever those terms are. That's
just an understanding, so that there's an awareness that -- because what
hap -- I'm jumping around. So there's awareness that there is an end to
the term and that other people need to be recruited. That doesn't
happen when it's a board where someone is on it until such time they
choose not to be on it anymore.
CHAIRMAN SOLIS: I'm wondering if this is something that we
ought to look at advisory board by advisory board as opposed to just a
blanket ordinance.
COMMISSIONER TAYLOR: Can we do that?
MR. KLATZKOW: You can do anything you want, ma'am.
CHAIRMAN SOLIS: Yeah. Because maybe this is an issue
more so in some board -- advisory boards than others.
COMMISSIONER SAUNDERS: How many advisory boards do
we have, about --
MR. KLATZKOW: Around 45 or so.
COMMISSIONER SAUNDERS: We'll set aside three days for
that.
CHAIRMAN SOLIS: This should be a good year and a half. No,
I mean, that's just a thought, but --
COMMISSIONER McDANIEL: My thought --
CHAIRMAN SOLIS: Sure.
COMMISSIONER TAYLOR: I like that.
April 24, 2018
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COMMISSIONER McDANIEL: My thought would be leave it
alone. They're serving at the discretion of the Board as it stands, and if
there is a particular committee that we need to revisit, then we'll bring
them up one by one in order to make the adjustments.
MR. KLATZKOW: This gets very political. Two years ago the
Board decided to review the advisory boards to see which boards
should stay, which boards should go -- and Commissioner Fiala is
smiling "yes." It got very nasty behind the scenes.
COMMISSIONER SAUNDERS: When I was sitting in your
seat, the same issue was there. How do you get rid of advisory boards?
But I agree with Commissioner McDaniel that I don't see where
there's a problem. Unless there's a majority to move forward --
COMMISSIONER FIALA: Who put this on here; do you know?
COMMISSIONER TAYLOR: I did.
COMMISSIONER FIALA: Oh, did you see a problem? Maybe
we can fix it.
COMMISSIONER TAYLOR: Yeah. I've seen it. I've seen it,
and -- but it's not with every board. But then, you know, we're kind of
picking and choosing, which is a little awkward also. But there are
certain boards -- I mean, for instance, the CRA boards, I really feel
strongly they should have term limits on the CRA boards because there
are new businesses and new ideas. And I'm not suggesting that they
have a two-year term by any means, and there's an importance to have
that history there. But at some point there are new people in
neighborhoods. It's growing. They need to be given a chance, and I've
seen it. They don't want to -- the newer people feel that it's a closed
society.
COMMISSIONER FIALA: You know, I think of the CRA
board. Now we've got those two openings, or is it three now?
COMMISSIONER TAYLOR: No, we've just appointed --
COMMISSIONER FIALA: No, we didn't. We just renewed.
April 24, 2018
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Like, for instance, Maurice Gutierrez, he's just -- he's never missed a
meeting in all of these years that he's been on there. Well, that shows
that he's pretty -- and he's the chairman.
COMMISSIONER TAYLOR: Right.
COMMISSIONER FIALA: Then -- and you have Mike
Sherman, and he's missed two meetings in, I forget how many years.
So that's a pretty good record. It shows that he's diligent and caring
about it.
Now, there's one that hasn't shown up there. He's an attorney. He
hasn't shown up in a long time, and they're going to probably try and
replace him, plus the guy that died, plus the guy that just dropped off.
So you've got three openings right there. Now, they've got openings,
but they can't get anybody to apply. So, you know, they need every
person they can in order to function.
COMMISSIONER TAYLOR: That's right.
COMMISSIONER FIALA: I don't know about Immokalee.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER McDANIEL: I do. We're doing just fine.
COMMISSIONER FIALA: Good.
COMMISSIONER TAYLOR: So be it.
CHAIRMAN SOLIS: Okay. So we don't need to --
COMMISSIONER FIALA: We don't need to fix it.
CHAIRMAN SOLIS: No motion to change anything? Very
good.
On to the next item.
Item #12B
THE BOARD DIRECT THE COUNTY ATTORNEY TO
ADVERTISE AN ORDINANCE EXPANDING THE POWERS OF
THE SPECIAL MAGISTRATE - APPROVED; SPECIAL
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MAGISTRATE GARRETSON TO PROVIDE SOME EDITS TO
THE ORDINANCE FOR ADVERTISING TO THE COUNTY
ATTORNEY; COUNTY ATTORNEY TO BRING BACK A 2-
YEAR EXTENSION TO SPECIAL MAGISTRATE
GARRETSON’S CONTRACT AND POTENTIALLY FOR AN
ADDITIONAL SPECIAL MAGISTRATE
MR. OCHS: The next item is Item 12B. It was previously Item
16K11. This is a recommendation that the Board direct the County
Attorney to advertise an ordinance expanding the powers of the special
magistrate, and Commissioner Taylor moved this item to the regular
agenda.
COMMISSIONER TAYLOR: And I pulled that to be discussed
because I thought that Judge Garretson would be here, but she was
unable to be here this late to voice her concerns about the expansion of
the -- the expansion of the powers of the special magistrate. But I
understand she spoke with County Attorney Klatzkow so, I mean, she's
the magistrate, been there for what, 14 years.
MR. KLATZKOW: Yeah. And she'll get back to me. She just
wanted to tweak the language. She was fine with the concept. She
wanted to tweak the language. By all means -- I gave her my card.
She's going to send me whatever tweaks she wants. It will come back
that way.
COMMISSIONER TAYLOR: That's fine.
MR. KLATZKOW: But, essentially, she's in favor of the
changes.
COMMISSIONER TAYLOR: Perfect.
CHAIRMAN SOLIS: So should we just continue this until you
get --
MR. KLATZKOW: This is just the -- you're authorizing me to
advertise this. So it will be coming back.
April 24, 2018
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COMMISSIONER TAYLOR: All right, great.
CHAIRMAN SOLIS: Motion.
MR. KLATZKOW: And we also spoke that -- she told me that --
of her desire to have a new two-year contract, and I'll be bringing that
to the Board at the next meeting. There will be another item for
another special magistrate, and the Board can appoint one or the other
or even both if they so want. The ordinance allows for multiple
magistrates.
COMMISSIONER SAUNDERS: So you need a motion to go
ahead and advertise for the expansion --
MR. KLATZKOW: Yes.
COMMISSIONER SAUNDERS: -- of the duties, and you'll be
basing that advertisement on information you're going to be gathering
over the next couple days. So once you get that, go ahead and
advertise. That would be my motion.
COMMISSIONER McDANIEL: I'll second that.
CHAIRMAN SOLIS: Motion and second. 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.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Mr. Chairman, that moves us to Item 15, staff and
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commission general communications. Two quick items, reminders.
You have an upcoming workshop on May 1st at 9:00 a.m., and then on
June 5th you'll have a workshop also at 9:00 a.m. regarding mental
health.
COMMISSIONER TAYLOR: Monday morning -- Tuesday
morning.
MR. OCHS: Tuesday. Yes, ma'am.
The second communication item I've asked Mr. Mullins to step
forward and just give you a brief update on three items related to our
legislative initiatives and efforts that I just want to maintain the Board's
awareness.
COMMISSIONER SAUNDERS: Before we leave the
workshops, in terms of budget workshops, do we have a schedule yet?
MR. OCHS: Yes. It's been communicated to all of your aides,
and I think we've got it all coordinated on your calendars. It's, I think,
the third Thursday in June, and then we hold over the Friday as well;
21st, 22nd.
COMMISSIONER SAUNDERS: That's right. I do have that.
MR. OCHS: Thank you, Crystal. Is that what you were looking
for, Commissioner?
COMMISSIONER SAUNDERS: Yes, sir. I do have that.
MR. OCHS: John?
MR. MULLINS: Good afternoon. For the record, John Mullins,
Government Affairs manager.
I wanted to give you a quick update on three items from the last
week. First it was my pleasure to accompany Commissioners
McDaniel and Saunders to D.C. last week for several informational
meetings on issues ranging from infrastructure financing to
transportation programs and substance abuse.
These meetings provided an array of federal programs and
services that staff will continue to research and update the Board as to
April 24, 2018
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potential applicability to current and future projects.
These agency meetings were coupled with visits to our
congressional delegation in conjunction with the first ever FAC fly-in
to Capitol Hill. These meetings helped us advance several of our 2018
federal priorities, including a potential fast track to initiating our
long-awaited shore protection study, advocating for a long-term
reauthorization of the National Flood Insurance Program, and
supporting a bill that will be on the House floor this week that
accomplishes two goals: Reauthorization of the FAA and amending
the Stafford Act to, among other things, prohibit FEMA from taking
action to recover any payment made to a state or local government for
disaster or emergency assistance after three years following the
transmission of the final expenditure report.
COMMISSIONER TAYLOR: That's called the Collier County
bill.
COMMISSIONER FIALA: Did that happen to us?
COMMISSIONER McDANIEL: Yes. We're waiting on 7, 8
million from Wilma.
MR. MULLINS: Been a long time.
COMMISSIONER TAYLOR: They changed their mind. They
said, nope, bring it back.
MR. MULLINS: While we were there, the Constitution Revision
Commission met for the final time and advanced eight proposals to the
November ballot. These joined three others advanced by the
legislature in 2017 and 2018, and two citizen initiatives. So when you
go to vote this fall, pack a lunch.
I emailed you the summary for all 13 proposals yesterday
morning, so that should be in your in-box.
And, finally, a bit of good local news. In late 2017, Congress
passed the Tax Cuts and Jobs Act which continued -- or contained
language from another bill that created the Opportunity Zones Program
April 24, 2018
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for rural and low-income urban communities across the country.
Now, it enhances a local community's ability to attract businesses,
developers, and financial institutions to invest in targeted areas by
allowing the investor to roll over capital gains into newly created
opportunity funds and defer taxes on those gains. The benefits vary
depending upon how many years you select to invest.
Now, these funds will be organized as a corporation or a
partnership and will aggregate and deploy the private investment into
the zones to qualified community zone properties.
Staff assisted Commissioner Saunders in submitting four Golden
Gate City census tracts that were eligible under the program
guidelines, and the main commercial census tract along Golden Gate
Parkway was selected as one of Governor Scott's recommendations.
We're also happy to report that the census tract encompassing
Naples Manor along Route 41 was also selected, as were three census
tracts around the Immokalee community, including a tract between
Lake Trafford Road and the center of the community and the large
tract covering the airport.
Now, the U.S. Department of Treasury now has these
recommendations from the Governor, and they have 30 days to make
the Florida designations. Once certified, they'll hold this Opportunity
Zone designation for 10 years.
Now, there's still a rule-making component to all of this that still
has to go forward to designate how Opportunity phones (sic) are
created and how businesses, developers, and financial institutions can
invest in qualified zones; however, if even a modest portion of the
estimated trillions of dollars in unrealized capital gains were to be
rolled over into investments in distressed communities, it's going to be
a win-win for everybody.
So, hopefully, by the first quarter of 2019, this program will be
fully operational, and we'll hopefully start to see some benefits for the
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future for some of these areas that we talked about in Collier County.
And with that, I am open to answer any questions.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: I just want to make a
comment. Our federal lobbyists, Omar Franco and Amanda Wood,
along with John Mullins, did an incredible job in terms of having us
scheduled for meetings. What was really rewarding in terms of being
up there was to see how well received both John as well as our federal
lobbyists were with folks from all of the congressional offices -- the
Senate offices that we visited and the staff offices that we visited.
So just job well done, and I think that there was a lot of good
information that was exchanged during those meetings, and I think it
was well worth the time and effort.
MR. MULLINS: I appreciate that. The pacing was a little hectic.
We crammed a lot into this schedule in a short amount of time. But
Omar and Amanda are very energetic, very well connected and, trust
me, they just make me look good.
COMMISSIONER FIALA: Spoken like a true politician.
MR. MULLINS: I'm offended, I think.
MR. OCHS: Thank you, John.
COMMISSIONER McDANIEL: Very productive. Very, very
productive.
COMMISSIONER FIALA: Really?
COMMISSIONER McDANIEL: Yes.
COMMISSIONER FIALA: Isn't that great. That is just
wonderful.
MR. OCHS: That's all we had, sir.
CHAIRMAN SOLIS: Mr. County Attorney?
MR. KLATZKOW: (Shakes head.)
CHAIRMAN SOLIS: Madam Clerk?
MS. KINZEL: No. Thank you, sir.
April 24, 2018
Page 185
COMMISSIONER McDANIEL: I have two.
CHAIRMAN SOLIS: Commissioner.
COMMISSIONER McDANIEL: Two items, and one, going in
reverse order, similar to the conversation that we just had. I wanted to
let you know I saw we have a mental-health workshop coming up in
June. I, with John, had a meeting with Human Health Services in D.C.
Amazing meeting. And I would -- I want to promise you that we're
going to keep you up to speed. The omnibus bill that we all heard
about that recently got passed, there were truckloads of money
appropriated for the opioid pandemic, mental-health illness treatment,
so on and so forth, that we were made privy to in that meeting.
CHAIRMAN SOLIS: Great.
COMMISSIONER McDANIEL: So we're -- it was a really,
really good meeting.
Second is a question for staff. I know my predecessor,
Commissioner Nance, brought forward the four land-use plans
provided for funding for the Golden Gate Estates, the Immokalee, the
RLSA, and the RFMUD, and I have, other than a brief stint on the
RFMUD last year and some NIMs and that sort of thing, I'd just like to
know what the progress is and when we're going to see the -- I know
the RLSA's still out there. We're still in the NIM process on it, but I'd
like to know when the other three are going to come forward.
MR. OCHS: Why don't we just tell you right now?
COMMISSIONER McDANIEL: Okay.
MR. COHEN: For the record, Thaddeus Cohen, Growth
Management department head.
A couple things: We're going to be sending you, hopefully by
tomorrow, an update on the RFMUD, the schedule for the rest of 2018.
As you've indicated, we're working on RSLA (sic). We've got a
meeting, I believe, it's Wednesday -- or Thursday, I'm sorry, Thursday
at North Collier in which we're going over some environmental issues.
April 24, 2018
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Tomorrow we're out in your neck of the woods on Immokalee, a study
update. So we're moving both of those.
And we're looking to have, in June hopefully, a presentation on
the Immokalee work, and update on where we are. Then we'll also talk
about all four of the updates at the same time.
COMMISSIONER McDANIEL: So did I hear June is the first
we're actually going to see anything that we can vote on, or is it just --
is it just preliminary presentation?
MR. CONTO: Yeah. June will be an update as to what we'll be
doing for the rest of 2018 for the RFMUD.
COMMISSIONER McDANIEL: Okay. I would like for us to
revisit the schedule and the timing for these land-use plans.
MR. COHEN: Sure.
COMMISSIONER McDANIEL: Just so we can show what we
represented to the public, and then -- and see, in fact, where we are and
how we're coming along with them, please.
MR. COHEN: Yes.
COMMISSIONER McDANIEL: Thank you.
That's all I have.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I have a few things. Easy,
quick ones.
First one, I forgot to mention when we were on the housing plan
that one of the things that I noticed -- and I just circled it and I forgot to
mention it, and only just a small correction.
It says the first set of actions was approved by the Board, but they
weren't really approved. They were accepted, and that was something
that you also mentioned, right? And so I just wanted to make sure that
it isn't approved. It was only accepted.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER FIALA: Okay. That's -- number two, I
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wanted to -- oh, that was it. The other thing I wanted to do was tell
you that tomorrow at noon you have a -- not only an open invitation
but an encouraged invitation to please join us over at the pickleball
fields because they're going to have government day, and they're going
to have some photographers there and newspapers there and showing
government officials all at the pickleball fields. You all have to see
them, I'm telling you. It's exciting to be there, and we'd like to
welcome you. You don't have to stay long, but it's at noon. I promised
them I would ask you again.
Okay. That's it for me.
Oh, let me tell you. We had 2,012 players -- 2,012 players now
registered to play in the pickleball games, 2,012 on 54 courts. The
place is jammed, I'm telling you. And there's so much excitement in
the air, you can hardly cut through it. It's just great to see everything.
They're all -- everybody's greeting each other. I've never seen
such a friendly group of people. Everybody's friendly. They're all nice
to each other and nice to anybody who they don't even know. So
you're going to enjoy being there.
Thank you.
COMMISSIONER TAYLOR: All right.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: A little thornier issue. I went to --
they call it the Dot Conference, which is where ideas that we're
working on go to the public, and dots are put on boards whether they
approve it or not and, lo and behold, this is about the parks master
plan, and they have the boardwalk, which I thought we got rid of by a
vote, that we weren't considering that. Clam Pass.
COMMISSIONER SAUNDERS: Which boardwalk?
COMMISSIONER TAYLOR: Clam Pass boardwalk, the south
one.
COMMISSIONER McDANIEL: Which boardwalk?
April 24, 2018
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COMMISSIONER SAUNDERS: Yeah. We did sort of say to
staff that we were not interested in the boardwalk.
COMMISSIONER TAYLOR: It's up there. Now, people wrote
across it, "Get rid of it," but I think we need to make sure that it's not
there, I mean, because it's energizing a public that if there's no support
for that south -- that new southern --
COMMISSIONER SAUNDERS: Yeah. That was going to be a
significant environmental problem.
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SOLIS: You know, could I just jump in and say
something? Because I had a couple conversations with people about --
when it first came up, the -- as I understood it, the objection from the
Conservancy and the conservation folks was to the piece of boardwalk
that went diagonally through the mangroves, not necessarily the one
that went along the dune.
COMMISSIONER TAYLOR: So there's --
CHAIRMAN SOLIS: No, no. And I'm just saying I don't know
that this is still on there, because I know that we took the whole thing
off. But I've had some clarification. People came to me and said --
you know, from -- the conservation community and people in Pelican
Bay and said, it's the part that goes through the mangroves. There's
already a trail along -- parallel to the beach, so -- and I don't know if
that's maybe what you're talking about.
MR. OCHS: No.
COMMISSIONER TAYLOR: No, I just -- go ahead. No, no.
Commissioner.
MR. OCHS: We screwed up. We left it in the plan even though
we know that the Board said there's no interest in it. When we bring
you the final master plan, it will not be included.
COMMISSIONER TAYLOR: Well -- so it doesn't go in front of
the parks, you know, the Parks Advisory Board. You know, people are
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energized about this.
MR. OCHS: Yes.
COMMISSIONER TAYLOR: That's okay.
MR. OCHS: We have your direction. I apologize that we didn't
get it out.
COMMISSIONER SAUNDERS: Think about how happy
everybody is when we take that off. If we take it off twice or three
times, we're making people really happy.
MR. OCHS: You get extra credit every time you take it off.
COMMISSIONER TAYLOR: So now that I'm sort of, you
know, hitting it out of the park, let's talk about the Clam Pass parking
garage. Is there any interest in pursuing this?
COMMISSIONER SAUNDERS: Absolutely.
COMMISSIONER FIALA: Yes.
COMMISSIONER TAYLOR: Okay. We've got two.
COMMISSIONER McDANIEL: No.
COMMISSIONER TAYLOR: We've got -- you're not
interested?
COMMISSIONER McDANIEL: No.
COMMISSIONER TAYLOR: Commissioner Solis?
CHAIRMAN SOLIS: Yes.
COMMISSIONER TAYLOR: All right.
MR. OCHS: Yeah, that's definitely an element of the plan.
COMMISSIONER TAYLOR: Well, if there were three votes
that it wouldn't be, it wouldn't be, and it was a squeaker, as we -- you
know, it was a 3-2.
COMMISSIONER FIALA: You know, just as a person -- and it's
your district.
COMMISSIONER TAYLOR: No, it's my district.
COMMISSIONER FIALA: Oh, is it your district? No, I'm
talking about the --
April 24, 2018
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COMMISSIONER TAYLOR: Yeah. Clam Pass?
COMMISSIONER FIALA: -- the one at Vanderbilt.
CHAIRMAN SOLIS: The garage will be in whose district?
COMMISSIONER SAUNDERS: It will be in the county.
CHAIRMAN SOLIS: It's in the county.
COMMISSIONER TAYLOR: It's in the county, but it's next to --
COMMISSIONER SAUNDERS: It's near your district.
CHAIRMAN SOLIS: It's very near your district.
COMMISSIONER SAUNDERS: It's near everybody's district.
COMMISSIONER TAYLOR: You can spit on my district.
CHAIRMAN SOLIS: It's in District 2, yeah.
COMMISSIONER FIALA: When they started the Vanderbilt,
you remember, there was such an uprising, and people were marching
and everything. They were really angry, and they knew that we were
going to ruin their property values, they're going to ruin their
appearance, and we were going to ruin the hotel. Oh, it was just awful.
And we forged ahead, and much to their unhappiness, but except that
when it was built nobody could even find it because it was all hidden
in all of this beautiful landscaping. Nobody was complaining. There
weren't lines of traffic. People were able to move in and out. We
never heard another complaint after that. But it starts out with a
complaint.
CHAIRMAN SOLIS: And there's still a lot of fleshing out to do,
anyway, with the whole process.
COMMISSIONER TAYLOR: Yeah. There's some questions
about issues that Dr. -- at least Dr. Buser's bringing up. But the other
aspect is, along with looking at garages, are we actually investigating
for the park plan dispersion of beach beachgoers called water taxis?
COMMISSIONER McDANIEL: Well -- and/or shuttles.
COMMISSIONER TAYLOR: They park somewhere, you
shuttle them to the beach, then you disperse them; water taxi.
April 24, 2018
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COMMISSIONER McDANIEL: Just so you know, the reason
that I'm adamantly not in favor of the Seagate parking garage is just
because it's already a very tight, constricted area with a lot of traffic
impacts in the first place. I would rather see us, if we're going to build
a garage, I would rather see us do it in the eastern portion of the
community. One of my little happy thoughts was up at Livingston and
Immokalee Road across from Alfie's Seed to Table store where he's
already got a big parking lot, and we're doing a thing there. We could
do a multilevel parking facility there on land we own, have a little
overpass over Livingston to get to his store, and a shuttle that runs to
the beach and goes all the way down through there.
So to me that's a far more plausible path than choosing a bunch of
traffic to that parking garage. I remember the controversy over
Vanderbilt at the Ritz, and a lot of that had to do with the Ritz-Carlton
and that circumstance, but this area at Seagate is -- that's an entirely
different animal.
COMMISSIONER TAYLOR: Plus, that parking lot serves eight
hotels. The beach serves --
CHAIRMAN SOLIS: The park?
COMMISSIONER TAYLOR: The parking -- people park.
There's eight hotels that use that beach; eight, plus the residential.
COMMISSIONER McDANIEL: Right.
CHAIRMAN SOLIS: They use it how?
COMMISSIONER TAYLOR: Well, they shuttle -- they shuttle
people to that park.
CHAIRMAN SOLIS: Oh, you mean that they take people to the
park and drop them off.
COMMISSIONER TAYLOR: Yes, yes.
CHAIRMAN SOLIS: But they don't park.
COMMISSIONER TAYLOR: Well, if they can, some residents
-- it's not only residents. Let me just put it this way. That facility, the
April 24, 2018
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Clam Pass parking lot and the Clam Pass Beach, serve eight hotels. It's
called dispersement.
CHAIRMAN SOLIS: There's a dispersement.
I would say -- and just to Commissioner McDaniel, we tried the
shuttle from the North Collier Regional Park, and very few people ever
even used it.
COMMISSIONER McDANIEL: Right. Well -- and, again, a lot
of it's education, a lot of it's letting the public know and the frequency
within which the shuttles are, in fact, going and so on and so forth. It's
a thought that I had that -- because we know we've got a finite amount
of area in the beach area for parking. We're already continually
discussing parking parameters with the City of Naples.
And I think it would be more prudent for us, where the majority
of the growth and development is going to be in the eastern part,
provide for the parking there, and once you train people that that's a
path to go that works --
COMMISSIONER FIALA: People like to be close to their car,
though.
CHAIRMAN SOLIS: It's a long way.
COMMISSIONER FIALA: In case they forget something or
they have kids with diapers or whatever.
COMMISSIONER McDANIEL: Sometimes yes; sometimes no.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: Just one item for staff to
consider during the budget workshops. One area that we do get a lot of
complaints about is Code Enforcement, and one -- I think one of the
more important functions of government is to -- is code enforcement.
If you have a problem with your neighbor with multiple parked cars or
garbage or weeds and that sort of thing, that really does affect
someone's quality of life.
I don't know if we need more code enforcement officers, so it's
April 24, 2018
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really kind of a budget question for the Manager to take a look at.
What do we need to do to make sure that we have a very effective
Code Enforcement Department? That's not a criticism. I just think
that we may be a little short-staffed.
COMMISSIONER McDANIEL: Could you -- I was just going
to ask, if you don't mind clarifying, because are you getting complaints
about our code enforcement staff or people not being followed up on?
I guess just a little more --
COMMISSIONER SAUNDERS: Getting complaints of code
enforcement problems that are not being resolved and where there are
multiple contacts on the same types of issues. So, yes. And, again, it's
not a criticism of staff. I think it's an issue of, do we have enough
staff? And perhaps Mr. Ochs can come back with us during the budget
workshops as to whether or not we have sufficient folks or whether we
need to beef that up a little bit. So, yes, I'm getting multiple
complaints from folks that Code Enforcement isn't following up.
COMMISSIONER TAYLOR: Yes, I am, too. And, you know,
when you have, for instance, lots that need to be mowed and they aren't
mowed because the owner isn't listening to Code Enforcement and all
we do is add fine after fine, and then when they finally mow their lot
after three or four years, we waive that fine.
MR. OCHS: We actually have a process and a contract where we
go in and we cut the lawn with a contract service, then put a lien on the
property.
COMMISSIONER McDANIEL: It's not three or four years,
from experience.
MR. OCHS: At least in the case of mowing lots, that's not the
process.
COMMISSIONER TAYLOR: Well, I'm hearing several
complaints out in the Bayshore area, so maybe that's something we can
look into.
April 24, 2018
Page 194
MR. OCHS: Yeah. I'll be happy to take a look at that.
COMMISSIONER TAYLOR: Okay. Well, that's good to know.
COMMISSIONER FIALA: And so I was just going to say also
on that same note, the only things I hear -- first of all, they're my heros,
so they've -- they do great work. And they came into that Bayshore
area, they came into Thomasson, that place across from the park, they
cleaned it up like you can't believe -- I was so proud of them -- in time
for the CBS cameras to get there, which is really good. So it looks --
it's looking good.
The only complaint I hear is, they would love to have them be
active rather than reactive. And if they could -- when they see
something, to stop. And I know that that hasn't been our practice, but I
do hear that, because people sometimes are afraid to call them because
they don't want to be reported, but they need to be reported. So if they
see something maybe -- I don't know if you need something from all of
us to say, please let -- but then they might need new people in order to
do that.
COMMISSIONER SAUNDERS: Exactly. That's why I wanted
to bring it up and get some sort of an analysis for our budget.
COMMISSIONER McDANIEL: Yeah. And maybe as part of
that we could see some of the actual complaints, because they are filed
on a regular basis. Because I know I've been very successful utilizing
the AIMS system as far as getting answers to code complaints and
such. So -- but a little bit of data as to what's going on would be great.
MR. OCHS: We'll get it for you.
CHAIRMAN SOLIS: The only thing I have is I've been
reminded by several constituents that came and spoke out about the
Kalea Bay Site Development Plan appeal, and they are correct, that
one of the things that we said at the end of that appeal was that we
would revisit or at least have a discussion about how these decisions
are made about angling buildings and how it's dealt with in the Land
April 24, 2018
Page 195
Development Code as it relates to a footnote and things.
COMMISSIONER McDANIEL: I think I'm already working on
that, aren't I, Nick?
MR. CASALANGUIDA: Yeah.
CHAIRMAN SOLIS: And so I wanted to make sure that we
were going to -- that staff is going to bring that back, and we can get
some recommendations on how that works.
COMMISSIONER McDANIEL: Yeah. I was the one --
actually, I got an email from somebody who was watching and
watched the tape again and reiterated what I had said during the
meeting about the necessity for us to address this so we don't have this
ongoing issue about the manipulation of the buildings to shorten that
spatial differential per the code. So I think I sent you an email on that
--
MR. CASALANGUIDA: You did.
COMMISSIONER McDANIEL: -- or something not too long
ago. It's been within the last month or so.
CHAIRMAN SOLIS: I think the hurricane got in the way.
COMMISSIONER TAYLOR: A little bit.
CHAIRMAN SOLIS: Very good. Anything else?
(No response.)
COMMISSIONER FIALA: See you Wednesday -- I mean
tomorrow at noon.
COMMISSIONER SAUNDERS: I've got to be in Fort Myers, so
I'm going to miss it.
COMMISSIONER FIALA: You have to miss that in Fort Myers.
I'm so sorry.
CHAIRMAN SOLIS: Is that a free ticket?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SOLIS: Can we do that?
COMMISSIONER FIALA: Everybody gets in free.
April 24, 2018
Page 196
CHAIRMAN SOLIS: Everybody to the event?
COMMISSIONER FIALA: Yeah, yeah. If you want to pay for
parking, you can pay for parking. It's five bucks, but to the event it's
free.
COMMISSIONER SAUNDERS: And we've got parking passes.
COMMISSIONER McDANIEL: I'll be Immokalee.
CHAIRMAN SOLIS: Very good. Thank you. I think we're
adjourned.
*****
**** Commissioner Fiala moved, seconded by Commissioner
McDaniel and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted ****
Item #16A1
RESOLUTION 2018-72: A RESOLUTION AMENDING
ORDINANCE NO. 2004-66, AS AMENDED, THAT CREATED
AN ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, BY
AMENDING CHAPTER TWO, LEGISLATIVE PROCEDURES,
MORE SPECIFICALLY TO AMEND SECTION B, LAND
DEVELOPMENT CODE AMENDMENT - PRIVATELY
INITIATED TEXT AMENDMENTS, TO MODIFY APPLICATION
PROCEDURES FOR PRIVATELY INITIATED LAND
DEVELOPMENT CODE AMENDMENTS; AND PROVIDING AN
EFFECTIVE DATE
Item #16A2
A NO COST FIRST AMENDMENT TO THE INTERLOCAL
April 24, 2018
Page 197
AGREEMENT BETWEEN THE CITY OF NAPLES AND
COLLIER COUNTY CLARIFYING POST-DESIGN DUTIES AND
RESPONSIBILITIES OF THE PARTIES FOR THE REMAINING
PHASES OF THE JOINT STORM WATER AND SANITARY
SEWER PROJECT LOCATED BETWEEN GOODLETTE-FRANK
ROAD AND US-41 (PROJECT NO. 60142) – THE COUNTY
WILL MANAGE THE PROJECT’S DESIGN, PERMITTING AND
CONSTRUCTION PHASES, SUBJECT TO THE CITY’S
PARTICIPATION
Item #16A3
A GRANT AWARD FROM THE US DEPARTMENT OF
TREASURY UNDER THE RESTORE DIRECT COMPONENT
(POT 1) FOR THE PRELIMINARY DEVELOPMENT, DESIGN
AND PERMITTING OF THE COLLIER COUNTY
COMPREHENSIVE WATERSHED IMPROVEMENT PLAN IN
THE AMOUNT OF $1,532,077.76 AND AUTHORIZE
NECESSARY BUDGET AMENDMENT (PROJECT NO. 33554)
Item #16A4
RESOLUTION 2018-73: GRANT FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF ORANGE BLOSSOM RANCH PHASE 1A,
APPLICATION NUMBER AR-7186 WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS BEING PRIVATELY
MAINTAINED; ACCEPTANCE OF THE PLAT DEDICATIONS,
AND AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY
April 24, 2018
Page 198
Item #16A5 (Commissioner Solis abstained from voting)
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ARTESIA NAPLES PHASE 3B, PL20150002359 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 – THE FINAL
INSPECTION WAS CONDUCTED ON FEBRUARY 9, 2018 AND
THE FACILITIES WERE FOUND ACCEPTABLE AND
SATISFACTORY
Item #16A6
TO RECORD THE MINOR FINAL PLAT OF TALIS PARK GOLF
COURSE PLAT, APPLICATION NUMBER PL20170004281 –
LOCATED IN A SUBDIVISION LYING WITHIN SECTION 12,
TOWNSHIP 48 SOUTH, RANGE 25 EAST AND SECTION 7,
TOWNSHIP 48 SOUTH, RANGE 26 EAST
Item #16A7
AWARD CONTRACTS TO ASSURANCE TITLE AGENCY, LLC
AND AMERICAN GOVERNMENT SERVICES CORPORATION,
UNDER RFP #17-7200, “REAL ESTATE TITLE & CLOSING
SERVICES” – FOR PROSPECTIVE RIGHT-OF-WAY AND
OTHER REAL PROPERTY ACQUISITIONS BY THE COUNTY
Item #16A8
April 24, 2018
Page 199
THE PARTIAL RELEASE OF A CODE ENFORCEMENT LIEN
WITH AN ACCRUED VALUE OF $687,572.47 FOR PAYMENT
OF $3,822.47 IN THE CODE ENFORCEMENT ACTIONS
ENTITLED BOARD OF COUNTY COMMISSIONERS V.
TARPON IV, LLC, SPECIAL MAGISTRATE CASE NO.
CEPM201000018647 RELATING TO PROPERTY, FOLIO NO.
39773480009, COLLIER COUNTY, FLORIDA – FOR CODE
VIOLATIONS AT DIFFERENT PROPERTIES FROM THE
PREVIOUS OWNER AS MR. STREAMES PURCHASED THIS
PROPERTY ON OCTOBER 1, 2013, AND NOW WISHES TO
SELL THE ENCUMBERED PROPERTY WHICH HAS NO CODE
VIOLATIONS; WHILE ALL OTHER PROPERTIES OWNED BY
TARPON IV, LLC CONTINUE TO BE ENCUMBERED BY CODE
VIOLATION LIENS
Item #16A9
TO RECORD THE FINAL PLAT OF ESPLANADE AT
HACIENDA LAKES PHASE 3, (APPLICATION NUMBER
PL20170004477) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY – W/STIPULATIONS
Item #16A10
AWARD BID #18-7267 TO COASTAL CONCRETE PRODUCTS,
LLC, FOR THE CONSTRUCTION OF LELY BRANCH CANAL
WEIR PROJECT, IN THE AMOUNT OF $444,380, PROJECT NO.
60202, AUTHORIZE THE CHAIRMAN TO EXECUTE THE
CONTRACT, AND AUTHORIZE THE NECESSARY BUDGET
April 24, 2018
Page 200
AMENDMENTS
Item #16A11
CHANGE ORDER NO. 2 TO CONTRACT NO. 14-6296 IN THE
AMOUNT OF $99,771.79 WITH HIGHSPANS ENGINEERING,
INC., FOR CONSTRUCTION ENGINEERING INSPECTION
(CEI) SERVICES FOR THE CHOKOLOSKEE BRIDGE
REPLACEMENT (PROJECT NO 66066) (FISCAL IMPACT:
$99,771.79) – EXTENDING THE CEI CONTRACT COMPLETION
DATE FROM JUNE 26, 2018 TO AUGUST 31, 2018
Item #16A12 – Moved to #11F (Per Agenda Change Sheet)
Item #16C1
AWARD BID #18-7235, “HVAC PREVENTATIVE
MAINTENANCE AND REPAIR SERVICES” TO PRIMARY AND
SECONDARY CONTRACTORS; B&I CONTRACTORS, INC.
(PRIMARY) AND TAMPA BAY TRANE SERVICE, INC.
(SECONDARY) FOR COUNTY-WIDE HVAC PREVENTATIVE
MAINTENANCE AND REPAIR SERVICES FOR ANTICIPATED
ANNUAL SERVICES IN THE ESTIMATED AMOUNT OF
$800,000
Item #16C2
AWARD BID #17-7174, “SALE OF RECYCLED MATERIALS,”
TO GARDEN STREET IRON & METAL INC. AND A&D SCRAP
MATERIAL INC.
April 24, 2018
Page 201
Item #16C3 (Commissioner Solis abstained from voting)
THE FIRST AMENDMENT TO AGREEMENT #17-7156 AND
AUTHORIZE A SOLE-SOURCE WAIVER FOR A PERIOD OF
THREE YEARS FOR THE PURCHASE OF BIOXIDE PLUS 71,
AKTIVOX AND VX456 FROM EVOQUA WATER
TECHNOLOGIES, LLC, FOR USE BY THE PUBLIC UTILITIES
DEPARTMENT WASTEWATER DIVISION – THE CURRENT
AGREEMENT EXPIRES ON MAY 31, 2018 AND WILL BE
EXTENDED THROUGH MAY 22, 2021
Item #16C4
A FIRST AMENDMENT TO LEASE WITH NAPLES HMA, LLC,
D/B/A PHYSICIANS REGIONAL MEDICAL CENTER -
COLLIER, TO EXTEND THE LEASE TERM FOR SPACED
UTILIZED BY EMS AS A TEMPORARY STATION HOUSE –
THE CURRENT LEASE EXPIRES ON APRIL 30, 2018 AND
WILL BE EXTENDED THROUGH APRIL 30, 2020
Item #16C5
THE CONVEYANCE OF AN EASEMENT TO FLORIDA POWER
& LIGHT CO. TO SUPPLY POWER TO NEW MASTER PUMP
STATION NO. 167.00 INCLUDING A THREE PHASE
TRANSFORMER, A BURIED POWER LINE, AND TO PROVIDE
ADDITIONAL POWER SYSTEMS AS NEEDED ON COUNTY-
OWNED PROPERTY AT 15430 COLLIER BLVD., ADJACENT
TO HERITAGE BAY COMMONS
Item #16C6
April 24, 2018
Page 202
A CERTIFICATION OF FINANCIAL RESPONSIBILITY, AS
REQUIRED BY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, FOR THE TRANSFER OF
THE OPERATING PERMIT FOR THE DEEP INJECTION WELL
SYSTEM FOR THE GOLDEN GATE WATER AND
WASTEWATER TREATMENT PLANTS – FOR THE COUNTY
OBLIGATION TO PERFORM THE PLUGGING AND
ABANDONMENT FOR THE WELL LOCATED AT NUMBER
IW-1/DZMW-1
Item #16C7
THE CHAIRMAN TO EXECUTE A SIXTH AMENDMENT TO
CONTRACT NO. 04-3673 WITH CAROLLO ENGINEERS, INC.,
F/K/A CAROLLO ENGINEERS, P.C., PERTAINING TO THE
DESIGN OF THE NORTHEAST WATER RECLAMATION
FACILITY AND WATER TREATMENT PLANT, AUTHORIZE A
PURCHASE ORDER IN THE AMOUNT OF $149,943 TO
CAROLLO ENGINEERS, INC. AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS – AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16D1
BUDGET AMENDMENTS IN THE AMOUNT OF $20,526.23
DUE TO A REDUCTION IN AVAILABLE PROGRAM FUNDS
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) SHELTER PLUS CARE (S+C) GRANT
(NET FISCAL IMPACT OF $20,526.23) – ON SEPTEMBER 29,
2017 A FINAL DRAW WAS REQUESTED AND DENIED
April 24, 2018
Page 203
THROUGH HUD’S ELECTRONIC LINE OF CREDIT. LATER, IT
WAS FOUND THAT THE FUNDS WERE RETURNED TO THE
US TREASURY DUE TO EXPIRATION OF THE GRANT
AWARD
Item #16D2
AN AGREEMENT FOR SALE AND PURCHASE WITH DALTON
MEJIA, FOR 1.14 ACRES UNDER THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM AT A COST NOT
TO EXCEED $14,800 – FOLIO #39955400001 WITHIN THE
WINCHESTER HEAD, GOLDEN GATE ESTATES
Item #16D3
AFTER-THE-FACT APPROVAL OF AN ELECTRONICALLY
SUBMITTED APPLICATION FOR CORPORATION FOR
NATIONAL AND COMMUNITY SERVICES (CNCS) RETIRED
SENIOR VOLUNTEER PROGRAM (RSVP) 2018-2021
RENEWAL GRANT IN THE AMOUNT OF $163,566 TO THE
CNCS AND ALLOW THE COUNTY MANAGER OR HIS
DESIGNEE TO SERVE AS THE AUTHORIZED
REPRESENTATIVE FOR THE GRANTOR ELECTRONIC
SYSTEM EGRANTS THROUGHOUT THE GRANT PERIOD
Item #16D4
THE CHAIR TO EXECUTE AMENDMENT NO. 2 TO THE
PARKS AND RECREATION OUTSOURCING OF COUNTY
MARINAS AGREEMENT NO. 12-5914R TO ALLOW OTHER
COUNTY DEPARTMENTS/DIVISIONS THE USE OF BOAT
April 24, 2018
Page 204
DOCKS EXEMPT FROM THE LEASE AGREEMENT
REQUIREMENTS OF THE AGREEMENT – AT CAXAMBAS,
COCOHATCHEE, PORT OF THE ISLANDS AND GOODLAND
Item #16D5
THE EXECUTION OF THE 2017/2018 FEDERAL HIGHWAY
ADMINISTRATION FLEXIBLE FUNDS GRANT AWARD IN
THE AMOUNT OF $274,000 FOR THE PURCHASE AND
INSTALLATION OF ADDITIONAL BUS SHELTERS THROUGH
THE FEDERAL TRANSIT ADMINISTRATION (FTA) TRANSIT
AWARD MANAGEMENT SYSTEM (TRAMS) AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT – FOR
UP TO TWELVE ADDITIONAL BUS SHELTERS
THROUGHOUT COLLIER COUNTY INCLUDING AMENITIES
LIKE BIKE RACKS, BENCHES, AND TRASH RECEPTACLES
BEING PLACED ON EXISTING PADS
Item #16D6
THE SELECTION COMMITTEE RANKINGS AND TO
AUTHORIZE ENTERING INTO CONTRACT NEGOTIATIONS
FOR REQUEST FOR PROFESSIONAL SERVICES (RPS) #1718-
7249 (Per Agenda Change Sheet), “DOMESTIC ANIMAL
SERVICES BUILDING DESIGN RENOVATION” (PROJECT
#50145), WITH THE TOP-RANKED FIRM, ADG
ARCHITECTURE
Item #16D7
BUDGET AMENDMENTS FOR CLIENT’S CO-PAYMENTS IN
April 24, 2018
Page 205
THE AMOUNT OF $10,505 FOR THE COMMUNITY CARE FOR
THE ELDERLY (CCE) AND ALZHEIMER’S DISEASE
INITIATIVE (ADI) GRANTS FOR COLLIER COUNTY
SERVICES FOR SENIORS (CCSS) PROGRAM FROM THE
AREA AGENCY ON AGING OF SOUTHWEST FLORIDA, INC.
(AAA) – FOR UNINTERRUPTED SUPPORT SERVICES
ALLOWING THE COUNTY’S FINANCIAL SYSTEM TO
REFLECT THE GRANTOR’S ESTABLISHED CO-PAY GOALS
Item #16D8
TEN (10) MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN
PROGRAM IN THE COMBINED AMOUNT OF $80,197.71 – FOR
THE FOLLOWING LOCATIONS: 4180 5TH AVE SW; 780 10TH
AVENUE S, #4; 971 9TH ST SW; 105 6TH ST; 2845 35TH AVE NE;
5322 McCARTY ST.; 3545 47TH AVE NE; 5500 25TH PLACE SW;
12115 AMERICUS LANE, ALL IN NAPLES AND 1305 PLUM
STREET IN IMMOKALEE
Item #16D9
A COOPERATIVE AGREEMENT #18-7331-PB WITH
CREATIVE BUS SALES, INC., FOR THE PURCHASE OF TWO
(2) TROLLEYS USING THE LEE COUNTY PUBLIC TRANSIT
TROLLEYS REQUEST FOR PROPOSALS (RFP) 170058LAC
FOR THE COLLIER AREA TRANSIT (CAT) SYSTEM AND
EXECUTE THE AGREEMENT AND NOTICE OF ASSIGNMENT
OF OPTION
Item #16D10
April 24, 2018
Page 206
ACCEPTING A REVISED FY17-18 FEDERAL TRANSIT
ADMINISTRATION (FTA) SECTION 5310 GRANT AWARD IN
THE AMOUNT OF $10,977, AUTHORIZE THE NECESSARY
BUDGET AMENDMENTS AND APPROVE THE PURCHASE OF
FOUR (4) PARATRANSIT VEHICLES AND RADIOS USING
THOSE FUNDS – FOR FOUR PARATRANSIT VEHICLES AN
MOBILE RADIOS
Item #16D11
AN AGREEMENT FOR SALE AND PURCHASE WITH
CHARLES ROCK AND ANNE GENDREGSKE AT A COST NOT
TO EXCEED $171,300 TO PURCHASE THE PROPERTY AT 135
CAPRI BOULEVARD, ADJACENT TO THE ISLES OF CAPRI
NEIGHBORHOOD PARK FOR ADDITIONAL PARKING, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT
FOR SALE AND PURCHASE AND STAFF TO TAKE ALL
NECESSARY ACTIONS TO CLOSE AND AUTHORIZE STAFF
TO CONTINUE NEGOTIATIONS ON 145 CAPRI BOULEVARD
Item #16D12
AUTHORIZE THE EXECUTION OF THE 2017/2018 FEDERAL
HIGHWAY ADMINISTRATION FLEXIBLE FUNDS GRANT
AWARD IN THE AMOUNT OF $316,250 FOR THE PURCHASE
AND INSTALLATION OF LIVE CAMERA FEEDS ON TRANSIT
VEHICLES AND ONBOARD WIFI THROUGH THE FEDERAL
TRANSIT ADMINISTRATION (FTA) TRANSIT AWARD
MANAGEMENT SYSTEM (TRAMS) AND AUTHORIZE A
BUDGET AMENDMENT – TO REPLACE EXISTING
April 24, 2018
Page 207
TECHNOLOGY ON ALL FIXED ROUTE AND PARATRANSIT
VEHICLES
Item #16E1
AMENDMENT NO. 13 TO THE AGREEMENT WITH COLLIER
COUNTY DISTRICT SCHOOL BOARD FOR THE DRIVER
EDUCATION PROGRAM – FOR BOTH PUBLIC AND PRIVATE
HIGH SCHOOL STUDENTS
Item #16E2
THE ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT – THAT INCLUDE A CAMERA, PRINTERS,
GENERATORS AND A PUMP THAT ARE BROKEN BEYOND
REPAIR
Item #16E3
RECOGNIZING ACCRUED INTEREST FROM THE PERIOD OF
OCTOBER 1, 2017 THROUGH DECEMBER 31, 2017 EARNED
BY EMS COUNTY GRANT AND APPROPRIATE FUNDS FOR A
TOTAL AMOUNT OF $294.55
Item #16E4
THE ADDITION OF ONE (1) CLASSIFICATION, THE
RECLASSIFICATION OF THREE (3) CLASSIFICATIONS, AND
THE REMOVAL OF TWO (2) CLASSIFICATIONS TO THE 2018
April 24, 2018
Page 208
FISCAL YEAR PAY & CLASSIFICATION PLAN MADE FROM
JANUARY 1, 2018 TO MARCH 31, 2018 – AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16E5
THE ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL – FOR THE FOLLOWING CONTRACT
NUMBERS: #13-6164, #16-6618, #16-6562, #16-6663, #14-6322,
#13-6164, #16-7028, #15-6447 & # 16-6638
Item #16E6
EXPENDITURES FOR TEMPORARY CLERICAL SERVICES
FROM BALANCED PROFESSIONAL STAFFING, INC. ABOVE
THE COMPETITIVE THRESHOLD, AND AUTHORIZE
PURCHASE ORDERS FROM MULTIPLE COUNTY DIVISIONS
– THE SOLICITATION EXPIRED ON FEBRUARY 24, 2018,
WITH THE REVISED SOLICITATION EXPECTED TO BE
FINALIZED IN MAY 2018. THE PURCHASE ORDERS
ALREADY IN PLACE UNDER THE EXISTING AGREEMENTS
WERE EXTENDED BY THE PROCUREMENT DIVISION UNTIL
THE NEW SOLICITATION HAS TAKEN PLACE
Item #16F1
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY –
April 24, 2018
Page 209
FOR THE CAT TRANSIT ENHANCEMENT OPERATING FUND
Item #16F2
RESOLUTION 2018-74: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2017-18 ADOPTED BUDGET
Item #16F3
AUTHORIZING PAYMENT OF INVOICES #2935273 AND
#2961165 TO TRIMARK STRATEGIC EQUIPMENT LLC
TOTALING $223,960 FOR COMMERCIAL KITCHEN
EQUIPMENT AND INSTALLATION SERVICES FOR THE
FLORIDA CULINARY ACCELERATOR @ IMMOKALEE – THE
GRANT AWARE EXPIRES ON JUNE 30, 2018
Item #16H1
PROCLAMATION DESIGNATING MAY 2018 AS OLDER
AMERICANS MONTH IN COLLIER COUNTY. THIS
PROCLAMATION WILL BE SENT BY MAIL TO KIRSTEN
O'DONNELL, DIRECTOR OF COMMUNICATIONS - AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA –
ADOPTED
Item #16H2
PROCLAMATION DESIGNATING MAY 3, 2018 AS NATIONAL
DAY OF PRAYER IN COLLIER COUNTY. THE
April 24, 2018
Page 210
PROCLAMATION WILL BE READ AT CEREMONIES BEING
HELD ON MAY 3RD AT LOCATIONS IN COLLIER COUNTY –
ADOPTED
Item #16I1
MISCELLANEOUS CORRESPONDENCE – ITEMS TO FILE FOR
THE RECORD
April 24, 2018
Page 211
Item #16J1
TO PROVIDE THE BOARD OF COUNTY COMMISSIONERS
THE CLERK OF THE CIRCUIT COURT’S INTERNAL AUDIT
REPORT 2018-3 JOB CREATION INVESTMENT PROGRAM:
ARTHREX AND ARTHREX MANUFACTURING, ISSUED ON,
APRIL 24, 2018 – AND FOUND TO BE CURRENTLY IN
COMPLIANCE WITH THE OBLIGATION WITHIN THE JOB
CREATION AGREEMENT THROUGH TO JUNE 30, 2018
Item #16J2
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 29 AND APRIL 11,
2018 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J3
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF APRIL 18, 2018
Item #16K1
A JOINT MOTION AND STIPULATED FINAL JUDGMENT IN
THE AMOUNT OF $38,500 FOR PARCEL 455RDUE, IN THE
LAWSUIT CAPTIONED COLLIER COUNTY V. ALEX D.
RANDOLPH, ET AL, CASE NO. 17-CA-1472, REQUIRED FOR
April 24, 2018
Page 212
THE GOLDEN GATE BOULEVARD EXPANSION (PROJECT
NO. 60145) (FISCAL IMPACT: $32,940) – FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD, SEGMENT 3
Item #16K2
A JOINT MOTION AND STIPULATED FINAL JUDGMENT IN
THE AMOUNT OF $19,000 FOR PARCEL 453RDUE, 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: $13,370) – FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD, SEGMENT 3
Item #16K3
A MEDIATED SETTLEMENT AGREEMENT FOR THE TOTAL
AMOUNT OF $132,750 FOR THE TAKING OF PARCEL
426RDUE IN THE PENDING CASE STYLED COLLIER
COUNTY V. LEONDESE BICHOTTE ET AL, CASE NO. 17-CA-
1443, REQUIRED FOR THE GOLDEN GATE BLVD. PROJECT
(PROJECT NO. 60145) (FROM EVERGLADES BLVD TO EAST
OF THE FAKA UNION CANAL). (FISCAL IMPACT: $47,250) –
FOR THE EXPANSION OF GOLDEN GATE BLVD.
Item #16K4
A MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT
OF $27,000 FOR FULL COMPENSATION FOR THE TAKING OF
PARCEL 413RDUE, PLUS $7,913.40 FOR STATUTORY
ATTORNEY FEES, AND $4,500 FOR EXPERT FEES AND
April 24, 2018
Page 213
COSTS, IN THE CASE STYLED COLLIER COUNTY V.
LOURDES PEREZ BELLO, ET AL., CASE NO. 17-CA-1390
REQUIRED FOR IMPROVEMENTS TO GOLDEN GATE BLVD.
(PROJECT NO. 60145) [FISCAL IMPACT: $36,463.40] – FOR
THE EXPANSION OF GOLDEN GATE BOULEVARD
Item #16K5
TWO MEDIATED SETTLEMENT AGREEMENTS IN THE
TOTAL AMOUNT OF $202,052 FOR FULL COMPENSATION
FOR THE TAKING OF PARCELS 314RDUE AND 325RDUE,
INCLUDING STATUTORY ATTORNEY FEES, AND EXPERT
FEES AND COSTS, IN THE CASE STYLED COLLIER COUNTY
V. CKC PROPERTY HOLDINGS, LLC, ET AL., CASE NO. 16-
CA-1242 REQUIRED FOR IMPROVEMENTS TO GOLDEN
GATE BLVD. (PROJECT NO. 60145) [FISCAL IMPACT: $90,622]
– FOR THE EXPANSION OF GOLDEN GATE BOULEVARD
Item #16K6
RESOLUTION 2018-75: TO APPOINT A MEMBER TO THE
CONTRACTORS LICENSING BOARD – APPOINTING GERARD
SHANNON TO FILL A VACANT TERM EXPIRING JUNE 30,
2019
Item #16K7
RESOLUTION 2018-76: TO REAPPOINT TWO MEMBERS TO
THE PUBLIC TRANSIT ADVISORY COMMITTEE –
REAPPOINTING HAROLD G. WEEKS AND RICHARD
DUGGAN BOTH WITH TERMS EXPIRING ON MARCH 22,
April 24, 2018
Page 214
2021
Item #16K8
RESOLUTION 2018-77: TO REAPPOINT TWO MEMBERS AND
RECLASSIFY ONE MEMBER OF THE BAYSHORE/GATEWAY
TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD –
REAPPOINTING MAURICE GUTIERREZ AND MICHAEL
SHERMAN BOTH WITH TERMS EXPIRING ON MAY 22, 2021;
RON KEZESKE HAS CHOSEN NOT TO REAPPLY SO THE
ADVISORY BOARD HAS CHOSEN MR. STEVEN MAIN BE
RECLASSIFIED AS THE DAVIS BLVD. REPRESENTATIVE
Item #16K9
RESOLUTION 2018-78: A RESOLUTION AUTHORIZING THE
HEALTH FACILITIES AUTHORITY TO ISSUE REVENUE
BONDS FOR HEALTHCARE FACILITIES AT MOORINGS
PARK AND MOORINGS PARK AT GREY OAKS
Item #16K10 (Commissioner Solis abstained from voting)
RESOLUTION 2018-79: A RESOLUTION AUTHORIZING THE
COLLIER COUNTY EDUCATIONAL AUTHORITY TO ISSUE
REVENUE BONDS TO BE USED TO FINANCE EDUCATIONAL
FACILITIES FOR THE AVE MARIA SCHOOL OF LAW
Item #16K11 – Moved to #12B (Per Agenda Change Sheet)
Item #17A
April 24, 2018
Page 215
ORDINANCE 2018-17: AN ORDINANCE AMENDING
ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH
ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A RURAL
AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT
FOR THE PROJECT TO BE KNOWN AS THE RUSHTON
POINTE RPUD, TO ALLOW CONSTRUCTION OF A
MAXIMUM OF 229 RESIDENTIAL DWELLING UNITS ON
PROPERTY LOCATED ON THE WEST SIDE OF COLLIER
BOULEVARD, APPROXIMATELY TWO THIRDS OF A MILE
SOUTH OF IMMOKALEE ROAD, IN SECTION 27, TOWNSHIP
48 SOUTH, RANGE 26 EAST, CONSISTING OF 38.1± ACRES
[PL20150000306]
Item #17B
ORDINANCE 2018-18: 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
April 24, 2018
Page 216
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
Item #17C
RESOLUTION 2018-80: PETITION VAC-PL20170001644 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN THE ROADWAY EASEMENT
RECORDED IN OR BOOK 2355, PAGE 2715 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT
PROPERTY IS LOCATED ON THE EAST SIDE OF COUNTY
BARN ROAD, APPROXIMATELY ONE-QUARTER MILE
SOUTH OF DAVIS BOULEVARD IN SECTION 8, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
April 24, 2018
Item #17D
RESOLUTION 2018-81 : ADOPT A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2017-18 ADOPTED BUDGET
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:05 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL S RICT . 01 DER ITS CONTROL
AND SOLIS, CHAIRMAN
ATTEST
DWIGHTE. BROCK, CLERK
1;ac. 41If
Attestas to Chairman...
These minutes appro d by the Board on t\f\ ,9 (90-1 2°/c , as
presented , or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 217