BCC Minutes 10/23/2018 ROctober 23, 2018
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, October 23, 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: Andrew Solis
William L. McDaniel, Jr.
Donna Fiala
Burt L. Saunders
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Scott Teach, County Attorney’s Office
Crystal Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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October 23, 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
October 23, 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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October 23, 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 Dr. Bob Scudieri, Peace Lutheran Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. September 25, 2018 - BCC/Regular Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. ADVISORY BOARD MEMBERS
1) Presentation to recognize and thank retiring Planning Commission
member Diane K. Ebert for eight years of dedicated service on the
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October 23, 2018
Collier County Planning Commission.
4. PROCLAMATIONS
A. Proclamation designating November 4, 2018 as Diabetes Awareness Day in
Collier County. To be accepted by Tami Balavage, President, Help a
Diabetic Child, Inc., Dr. Deb Selman and Paul Thein.
B. Proclamation designating October 2018 as Safe Infant Sleep Month in
Collier County. To be accepted by Stephanie Vick, Cindy Whetsell, Danna
Breeden, Patricia Hansen, Paula DiGrigoli and Sally Kreusher.
5. PRESENTATIONS
A. Recognition of the recipients of the 2018 Distinguished Public Service
Award, presented by the Greater Naples Chamber of Commerce on October
10, 2018. The Distinguished Public Service Award recognizes public service
professionals who have made outstanding contributions to the safety and
well-being of our community. The recipients are: Dan Summers, Collier
County Bureau of Emergency Services Director; Michele Williamson,
Collier County EMS Battalion Chief; Leslie Weidenhammer, Collier County
Sheriff’s Office Lieutenant; and Kevin Nelmes, Greater Naples Fire Rescue
District Lieutenant/Paramedic.
B. Presentation of the Certificate of Achievement for Excellence in Financial
Reporting for the 2017 fiscal year from the Government Finance Officers
Association. This award is presented to the Collier County Clerk of the
Circuit Court and Comptroller for the Collier County Comprehensive
Annual Financial Report for the fiscal year ended September 30, 2017. To
be accepted by Derek Johnssen, Director of Finance and Accounting.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
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October 23, 2018
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 of the
Board of County Commissioners of Collier County, Florida amending
Ordinance Number 2005-36, the Regal Acres Residential Planned Unit
Development, by increasing the permissible number of dwelling units from
184 to 300; by amending Ordinance Number 2004-41, the Collier County
Land Development Code by amending the appropriate zoning atlas map or
maps by changing the zoning classification of an additional 23.15+/- acres of
land zoned rural Agricultural (A) to the Regal Acres RPUD; by revising the
development standards; by amending the master plan; adding deviations;
revising developer commitments; by removing the density bonus agreement
for Parcel A approved in Ordinance Number 2005-36 as an attachment to the
Ordinance and by approval of an affordable housing density bonus for the
added 23.15 acres that will generate 46 bonus units for low or moderate
income residents. The property is located on the west side of Greenway
Road east of Collier Boulevard (C.R. 951), and north of U.S. 41, in Section
12, Township 51 South, Range 26 East, Collier County, Florida consisting
of 59.90+/- acres; and by providing an effective date [PL20170001733].
(This is a companion to Agenda Item 11.E.)
B. 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 No. 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 with a portion of the real property in a ST overlay (Special
Treatment) to a Residential Planned Unit Development (RPUD) zoning
district for the project known as Russell Square RPUD to allow development
of up to 230 multifamily dwelling units on property located east of Santa
Barbara Boulevard and approximately 1/4 mile south of Davis Boulevard in
Section 9, Township 50 South, Range 26 East, Collier County, Florida,
consisting of 32.9+/- acres; and by providing an effective date.
[PL20170004414].
10. BOARD OF COUNTY COMMISSIONERS
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October 23, 2018
A. Recommendation that the Board of County Commissioners terminates the
Agreement with the Partnership for Collier’s Future Economy, Inc. effective
February 28, 2019. (Commissioner McDaniel)
B. Recommendation to direct the County Attorney to advertise and bring back
for public hearing an ordinance establishing security measures for retail gas
stations to help prevent the use of credit card skimmers. (Commissioner
Saunders)
11. COUNTY MANAGER'S REPORT
A. This item to be heard at 11:00 a.m. Recommendation to approve the
proposed Collier County State and Federal Legislative and Administrative
Priorities for 2019 and adopt the attached resolutions. (John Mullins,
Government Affairs Manager)
B. Recommendation to accept staff’s update on the status of the
implementation of medical marijuana in Florida. (Mike Bosi, Director,
Zoning Division)
C. Recommendation to award Invitation to Bid (ITB) Solicitation No. 18-7438,
GMD Building North New HVAC System, to DEC Contracting Group, Inc.
for removal and replacement of HVAC and roofing systems at the GMD
Building North, in the amount of $3,351,932, and authorize the Chairman to
execute the attached Agreement. (John McCormick, Principal Project
Manager, Facilities Management Division)
D. This item to be heard at 10:00 a.m. Recommendation to accept an update
on sea-level rise planning activities and provide direction on future actions.
(Amy Patterson, Director, Capital Project Planning, Impact Fees and
Program Management Division)
E. Recommendation to approve an Agreement Authorizing Affordable Housing
Density Bonus and Imposing Covenants and Restrictions on Real Property
as a companion Item to the Regal Acres Parcel B PUDZ-PL20170001733.
(Susan Golden, Sr. Housing & Grants Coordinator) (This is a companion to
Agenda Item 9.A)
F. Recommendation to approve the expenditure of up to $50,000 for
professional engineering services to develop a conceptual plan that provides
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October 23, 2018
temporary shallow draft boat access into Vanderbilt Lagoon via Water
Turkey Bay and authorize the County Attorney to prepare for public hearing
an ordinance establishing the Vanderbilt Waterways Municipal Service
Taxing Unit (MSTU) to raise funds needed to reimburse the County for
project expenses and long-term maintenance of the channel. (Gary
McAlpin, Coastal Zone Management)
G. Recommendation to accept an update on the Storm Water Utility initiative
and provide direction to the County Manager to develop a modified program
for future Board consideration based on the recommendations outlined in the
staff report. (Thaddeus Cohen, Growth Management Department Head)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Proposed Future 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 adopt a Resolution to hold a public hearing to
consider vacating the County and the public interest in a 70’ x 439’
portion of the right-of-way known as Recreation Lane, as recorded in
Road Book 3, Page 26 of the Public Records of Collier County,
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October 23, 2018
Florida, located approximately one third of a mile east of Santa
Barbara Boulevard, in Section 33, Township 49 South, Range 26 East,
Collier County, Florida. (VAC-PL20180001007)
2) Recommendation to award Bid #18-7413 Legal Counsel for the Code
Enforcement and Nuisance Abatement Board to Scheck Legal.
3) Recommendation to approve the release of a code enforcement lien
with a value of $7,211.80 for payment of $611.80 in the code
enforcement actions entitled Board of County Commissioners v. John
Charlot, Code Enforcement Board Case No. CELU20170013030
relating to property located at 1591 Wilson Blvd N, Collier County,
Florida.
4) Recommendation to approve final acceptance of the potable water and
sewer facilities for Greyhawk at Golf Club of the Everglades Amenity
Center, PL20160003182, accept unconditional conveyance of a
portion of the potable water and sewer facilities, and to authorize the
County Manager, or his designee, to release the Utilities Performance
Security (UPS) and Final Obligation Bond in the total amount of
$22,199.95 to the Project Engineer or the Developer’s designated
agent.
5) Recommendation to approve final acceptance and unconditional
conveyance of the potable water utility facilities for Palazzo at Naples
Phase 1A, PL20150000003 and the sewer utility facilities for Palazzo
at Naples Phase 1B, PL20150000208, 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) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
Palazzo at Naples Phase 2, PL20150000612 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.
7) Recommendation to approve a Resolution for final acceptance of the
roadway and drainage improvements for the final plat of Sienna
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October 23, 2018
Reserve, Application Number PL20130002033, authorizing the
release of the maintenance security, and acceptance of the plat
dedications.
8) Recommendation to provide after-the-fact approval to request an
extension of the period of performance of the South Florida Water
Management District (SFWMD) Grant Agreement #4600003760 to
June 30, 2019 for construction of Lely Branch Canal Weir to maintain
adequate flood protection level of service (LOS) and enhancement of
regional water supplies. The cost of project was estimated at
$497,000, which funds are budgeted under Project No. 60202).
9) Recommendation to authorize the Chairman to execute Change Order
No. 3 to Contract No. 18-7239 with Ferreira Construction Co., Inc., in
the amount of $159,983.53, as required for the “Wiggins & Doctors
Dredging Project”; authorize necessary budget amendment and make
a finding that this item promotes tourism.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve a First Amendment to Lease Agreement
with Kraft Office Center, LLC, to extend the lease term for the
temporary office space utilized by the University Extension Office.
2) Recommendation to grant Carlton Lakes Master Association, Inc.
permission to temporarily access County property to facilitate the
repair of a wall on the Carlton Lakes property that was damaged by
Hurricane Irma.
3) Recommendation to award Invitation to Bid #18-7415 “Chlorinator
Equipment Maintenance” to Water Treatment & Controls
Technology, Inc., d/b/a Water Treatment & Controls, for the repair
and maintenance of chlorine and ammonia equipment.
4) Recommendation to approve First Amendment to Agreement #11-
5782 with Hole Montes, Inc., to increase the contract time for an
additional three (3) years for Basin 305 of the "Wastewater Basin
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October 23, 2018
Program" for additional professional services during construction.
5) Recommendation to approve a Second Amendment to Agreement
#115782 with AECOM Technical Services, Inc., to increase the
contract time for an additional three (3) years for Basin 306 of the
"Wastewater Basin Program" for additional professional services
during construction.
6) Recommendation to approve a Fourth Amendment to Agreement
#115782 with CDM Smith, Inc., to increase the contract time for an
additional three (3) years for Basin 101 of the "Wastewater Basin
Program" for additional professional services during construction.
7) Recommendation to approve Change Order No. 6 to allow the use of
allowance funds from Contract No. 16-6638 for the relocation of
pump stations 101.06 and 101.07, which are within the Vanderbilt
Cul-de-sacs Public Utilities Renewal Project Limits, Project #70122.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to execute
Amendment No. 1 to the Memorandum of Understanding (MOU)
between Collier County and the City of Naples for the completion of
the 8th Avenue South Beach Park Improvements, extending the
project through September 30, 2019.
2) Recommendation to approve and authorize the Chairman to sign an
agreement between Collier County and David Lawrence Mental
Health Center to administer the allocation of the state mandated match
for FY19 in the amount of $2,021,922.
3) Recommendation to approve two (2) satisfactions of mortgage for the
State Housing Initiatives Partnership (SHIP) loan program in the
combined amount of $22,750.
4) Recommendation to approve ten (10) satisfactions of mortgage for the
State Housing Initiatives Partnership (SHIP) Loan Program in the
combined amount of $147,884.23.
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October 23, 2018
5) Recommendation to approve and authorize the Chairman to sign the
Second Amendment to the agreements with LeeCorp Homes, Inc.,
Prestige Home Centers, Inc., and Rural Neighborhoods, Incorporated
for the State Housing Initiatives Partnership (SHIP) Demolition and/or
Replacement of Mobile/Manufactured Housing and Owner-Occupied
Rehabilitation Program strategies to increase funding and perform
additional allowable activities.
6) Recommendation to approve three (3) State Housing Initiative
Partnership (SHIP) Sponsor Agreements with FL Star Construction,
LLC in the amount of $300,000, JLH Sustainable Housing, LLC in
the amount of $150,000, and Habitat for Humanity of Collier County,
Inc. in the amount of $400,000, for the Construction Assistance
strategy and allow the Chairman to release the Sponsor’s note and
mortgage upon sale to a homebuyer.
7) Recommendation to approve First Amendment to State Housing
Initiatives Partnership (SHIP) Program Sponsor Agreement with
Collier County Housing Authority to add Fiscal Year 2017-2018 grant
funding in the amount of $300,000 for acquisition of rental properties.
8) Recommendation to approve four (4) State Housing Initiatives
Partnership Program (SHIP) Impact Fee releases of lien for the
associated owner-occupied affordable housing dwelling units where
the fifteen (15) year obligation has been met.
9) Recommendation to approve and authorize the Chairman to sign three
(3) releases of lien for full payment of deferral of 100 percent (100%)
of countywide impact fees for owner occupied affordable housing
dwelling units.
10) Recommendation to approve and authorize the Chairman to sign one
(1) release of lien for an Affordable Housing Density Bonus
agreement and subordination agreement for a unit which is no longer
subject to the terms of the agreement.
11) Recommendation to grant Standing Oaks, LLC permission to
temporarily access County property at the Vineyards Community Park
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October 23, 2018
to facilitate the installation of a water line and sanitary force main.
12) Recommendation to approve the First Amendment of the
Memorandum of Understanding (MOU) between Collier County and
University of Florida Board of Trustees on Behalf of Collier County
Extension (UF) to clarify and update the shared salary and benefit
contributions of Collier County and UF as stated in the MOU dated
February 23, 1999.
13) Recommendation to award Invitation to Bid (ITB) #18-7398 “Mobile
Frozen Food Treat Concessionaire” to Naples Shaved Ice, LLC, d/b/a
Kona Ice of Naples, and authorize the Chairman to execute the
attached Agreement with the awarded vendor.
14) Recommendation to approve an electronic submittal of an amendment
to the Retired Senior Volunteer Program (RSVP) FY18-21 application
to add additional work plans for the Disaster and Healthy Futures
focus areas, and allow Community and Human Services (CHS) to
modify the application in the future, without Board of County
Commissioner (Board) approval, to add additional volunteer stations
as they become necessary.
15) Recommendation to provide after-the-fact approval for the submittal
of a Library Services and Technology Act (LSTA) Supporting Public
Library Innovation Grant application to the Florida Department of
State, Division of Library and Information Services for funding in the
estimated amount of $4,000.
16) Recommendation to approve the federally required Transit Asset
Management (TAM) Plan for Collier Area Transit (CAT).
17) Recommendation to provide after-the-fact approval for the submittal
of the FY2018-2019 State Aid to Libraries Grant application to the
Florida Department of State, Division of Library and Information
Services for funding in the estimated amount of $200,651.
18) Recommendation to authorize Change Order #1 to Contract #17-7182,
North Collier Regional Park Artificial Turf Design, to Agnoli Barber
& Brundage, Inc. for professional engineering services in the amount
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October 23, 2018
of $35,966.
19) Recommendation to authorize Change Order No. 2 for Hellas
Construction to add fifty-three days and utilize $70,000 of the
allowance for conversion/construction of four artificial turf soccer
fields at North Collier Regional Park Contract No. 18-7339 North
Collier Regional Park Artificial Turf Conversion.
20) Recommendation to approve an Amendment and Extension to an
Option Agreement for Excavation Material between RP Orange
Blossom Owner, LLC and Collier County to provide an option to
purchase excavated fill for use on County projects.
21) Recommendation to approve the Selection Committee’s ranking and
authorize entering into negotiations with Wood Environmental
Infrastructure Solutions, Inc. for a contract related to Request for
Professional Services (RPS) Number 18-7469 “CEI Services for Big
Corkscrew Island Regional Park”.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to award Invitation to Bid (ITB) #18-7442,
“Printing and Copying Services for Countywide Use,” to various
printers including Cecil’s Enterprises Inc., Direct Impressions Inc.,
Customer First Inc. of Naples, Ray Lepar Printing Inc., and Palm
Printing/Printers Ink, Corp.
2) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
3) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
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October 23, 2018
to the Fiscal Year 2018-19 Adopted Budget.
2) Recommendation to award Invitation to Negotiate (ITN) No. 18-7404
- “Collier County Sports Complex Marketing and Support” to Sports
Fields, Inc., in the initial not to exceed amount of $50,000, for
marketing and related consulting services for the amateur sports
complex, authorize the Chairman to execute the agreement, and make
a finding that this expenditure promotes tourism.
G. AIRPORT AUTHORITY
1) Recommendation to approve terminating the current Sub-Lease
Agreement between the Marco Island Senior Squadron - Civil Air
Patrol and the Collier County Airport Authority and entering into a
new Collier County Airport Authority Standard Form Long-Term
Lease Agreement
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to authorize execution of the budget amendment in
the amount of $42,339 for communications contractual services and
licensing (9-1-1).
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 September 27 and October 10, 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 October
17, 2018.
K. COUNTY ATTORNEY
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October 23, 2018
1) Recommendation to appoint two members to the Bayshore
Beautification MSTU Advisory Committee.
2) Recommendation to appoint a member to the Collier County Citizen
Corps.
3) Recommendation to appoint three members to the Emergency
Medical Authority.
4) Recommendation to appoint a member to the Public Transit Advisory
Committee.
5) Recommendation to appoint a member to the Golden Gate
Community Center Advisory Board.
6) Recommendation to reappoint a member to the Contractors Licensing
Board.
7) Recommendation to reappoint two members to the Golden Gate
Estates Land Trust Committee.
8) Recommendation to approve a Stipulated Final Judgment for final
compensation in the amount of $13,103.50 for Parcel 250RDUE,
including all attorney and expert fees, in the lawsuit styled Collier
County v. Pedro E. Pena, et al, Case No. 15-CA-0350, required for the
Golden Gate Boulevard Widening Project No. 60040. (Fiscal Impact:
$11,703.50)
9) Recommendation to approve and authorize the Chairman to sign a
mediated Settlement Agreement and Site License Agreement to settle
the civil litigation styled Wannagofast, LLC v. Collier County Board
of County Commissioners, serving as the Collier County Airport
Authority, Case No. 17-0380, now pending in the 20th Judicial Circuit
Court in Collier County; and authorize payment of a Mediation
Invoice in the amount of $1,518.75.
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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
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October 23, 2018
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 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-
PL20180002425, to disclaim, renounce and vacate the County and the public
interest in the two Raw Water Well Site Easements and the County Utility
Easement (C.U.E.) located along the northerly border of Lot 1 of Alligator
Alley Commerce Center Phase Two, as recorded in Plat Book 49, Page 60 of
the public records of Collier County, Florida. The subject property is located
in the southwest quadrant of the I-75 and Collier Boulevard intersection,
located in Section 34, Township 49 South, Range 26 East, Collier County,
Florida. (This is a companion to Agenda Item 17.B).
B. This item requires that ex parte disclosure be provided by the
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 07-26, the I-75/Alligator Alley
CPUD, to allow for the development of up to 425 multi-family dwelling
units in addition to the existing permitted maximum 265,000 square feet of
office and retail uses and a 107 room motel, subject to a maximum of 1,172
two-way p.m., peak hour trips for the entire PUD; to add an additional
Master Plan to reflect the site layout if the property is developed with both
residential and commercial uses, and to limit residential uses to the area
identified as “C/R;” to add development standards for residential uses; to
modify development commitments relating to environmental, transportation,
utilities, water management, affordable housing, and land use and project
phasing requirements; and to add deviations relating to preserve standards.
The subject property is located on the northwest corner of the Collier
Boulevard and Davis Boulevard intersection, in Section 34, Township 49
South, Range 26 East, Collier County, Florida, consisting of 40.8± acres;
and by providing an effective date. [PL20180000049] (This is a companion
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October 23, 2018
to Agenda Item 17.A)
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2018-19 Adopted Budget.
D. This item will not be heard at this meeting, and it will be re-advertised
at a later date. Recommendation to approve a Resolution renaming
Creekside Trail to Arthrex Way, which is located on the south side of
Immokalee Road, and on the west side of Goodlette-Frank Road within the
Creekside Commerce Park in Section 27, Township 48 South, Range 25
East, Collier County, Florida. [SNRPL20180002013]
E. This item will not be heard at this meeting, and it will be re-advertised
at a later date. Recommendation to approve a Resolution renaming
Creekside Boulevard to Innovation Boulevard, which is located on the south
side of Immokalee Road, and on the west side of Goodlette-Frank Road
within the Creekside Commerce Park in Section 27, Township 48 South,
Range 25 East, Collier County, Florida. [SNRPL20180002012]
F. This item will not be heard at this meeting, and it will be re-advertised
at a later date. Recommendation to approve a Resolution renaming
Creekside Street to Innovation Drive, which is located in the southwest
quadrant of the Immokalee Road and Goodlette-Frank Intersection within
the Creekside Commerce Park in Section 27, Township 48 South, Range 25
East, Collier County, Florida. [SNRPL20180002011]
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
October 23, 2018
Page 2
MR. OCHS: Ladies and gentlemen, please take your seats.
Mr. Chairman, you have a live mic.
CHAIRMAN SOLIS: Good morning, everyone. Thank you for
joining us for the Tuesday, October 23rd, 2018, Board of County
Commissioners meeting.
We'll begin today with the invocation by Reverend Dr. Bob
Scudieri from Peace Lutheran Church.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
REVEREND SCUDIERI: Thank you. Please rise.
Isaiah, Chapter 25, Verse 1: Lord, you are my God. I will exalt
and praise your name, for in perfect faithfulness. You have done
wonderful things, things planned long ago.
Let us pray.
Lord God, we've heard it said, man proposes but God disposes.
We come before you now knowing and affirming that because of your
love for us, you always plan good for your people.
As Diane Ebert retires from our county's Planning Commission,
we pray for your continued blessing on her. We give thanks for the
distinguished service given to us through Dan, Michele, Leslie, and
Kevin. May the plans they have made all come to fruition and be
pleasing to you.
Bless the plans of those who work to bring healing from diabetes,
especially Joe; make them patient and give them faith and courage to
fight this dread disease; be with those who lead the plans to keep
infants -- keep our infants safe; give them your blessing and an
awareness of our thankfulness for their efforts.
We pray that you'll be in all the plans we make at this
October 23, 2018
Page 3
commissioners meeting; may they reflect your concerns for the less
privileged, for the hurting, for those whose plans have evaporated and
find themselves lost; send to this place at this hour your spirit of
wisdom and love to guide our leaders, to bring your people to a place
of greater joy, greater prosperity, greater faithfulness, and greater
thanksgiving.
In your name and for your sake, for your plans, we pray. Amen.
CHAIRMAN SOLIS: Commissioner Fiala, would you lead us in
the Pledge.
COMMISSIONER FIALA: I certainly will. I'm just checking to
see everybody's got their hats off. Would you put your hands over
heart and say with me...
(The Pledge of Allegiance was recited in unison.)
Item #2A
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
MR. OCHS: Good morning, Commissioners.
These are the proposed changes for the Board of County
Commissioners meeting of October 23rd, 2018.
The first proposed change is to withdraw Item 16K8 from the
County Attorney's consent agenda at the County Attorney's request,
and this had to do with a proposed stipulated final judgment and
settlement in a road widening acquisition for Golden Gate Boulevard.
That has not been consummated, so the attorneys asked for that to be
withdrawn.
The next proposed change is to move Item 9B from your
October 23, 2018
Page 4
advertised public hearing regular agenda to become Item 17G on your
summary agenda. The reason for this is that the staff has withdrawn its
request for an interconnection to be placed on this PUD master plan
and is, therefore, recommending approval of the petition as forwarded
by the Planning Commission. That was the only difference and the
only reason why that item was placed on the regular agenda as
opposed to the summary agenda.
There are no other objections that have been registered and, as
such, the item would qualify to be placed on your summary agenda
and would become, as I mentioned, Item 17G. That move is made at
your staff's request.
We have a number of time-certain hearings and related items to
be heard together today. The first item, 11E, that will be heard in
conjunction with Item 9A. So we will hear those two together.
At 10 a.m. you have a time-certain hearing on Item 11D. This is
the update from the staff on the sea level rise program.
At 11 a.m. you have a time-certain hearing on Item 11A. That's
the presentation of your state and federal legislative priorities for 2019.
And, finally, at 1 p.m., you have a time-certain hearing on Item
11F. This is a staff recommendation to approve some preliminary
engineering work related to the potential dredging of the Water Turkey
Bay Channel, and that was an item that the Board had directed come
back as a result of a public petition a few months ago.
And those are all the changes that I have, Commissioners.
CHAIRMAN SOLIS: Mr. Manager, just to make sure the
record's clear, 17D, E, and F, are those being -- should those also be
shown as withdrawn?
MR. OCHS: They're actually -- they're actually in the advertised
indexes items that will not be heard at this meeting and will be
readvertised at a later date. Those are all part of the published agenda.
So, yes, you won't hear any of those today.
October 23, 2018
Page 5
COMMISSIONER FIALA: Give them the numbers again,
please.
MR. OCHS: That's your summary agenda, Commissioner. Item
17D, 17E, and 17F. You're welcome.
County Attorney?
CHAIRMAN SOLIS: County Attorney, any changes?
MR. TEACH: No changes.
CHAIRMAN SOLIS: So now we'll get to disclosures.
COMMISSIONER McDANIEL: Go down there on that end, if
you would please, Mr. Chair.
CHAIRMAN SOLIS: Okay. We'll start with Commissioner
Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
On the item dealing with the -- that was placed on the consent
agenda from the regular agenda, the rezone, I'm assuming there are no
speakers here in the audience to talk about that. There's no one to --
MR. MILLER: I have no speakers registered for that item, sir.
COMMISSIONER SAUNDERS: I want to thank staff for their
reconsideration of that and taking a look at that interconnect
requirement. That was the right move, and I appreciate you doing that.
MR. CASALANGUIDA: Yes.
COMMISSIONER SAUNDERS: I don't have any changes, Mr.
Chairman.
CHAIRMAN SOLIS: Any disclosures or ex parte on the consent
or summary?
COMMISSIONER SAUNDERS: I do now, since that item was
moved to the consent agenda. I did meet with the petitioner and their
attorney, and that's my only disclosure.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: No changes -- no changes to the
agenda, and 9B, which has now been moved to the summary agenda, I
October 23, 2018
Page 6
had meetings and emails yesterday, in fact, with Mr. Yovanovich.
CHAIRMAN SOLIS: 9A.
COMMISSIONER TAYLOR: I've got 9B here.
MR. OCHS: Yes. It was 9B. Now 17G.
CHAIRMAN SOLIS: Oh, it's B. I'm sorry.
COMMISSIONER TAYLOR: It's moved to the summary.
Okay. So let's make sure. It's been moved. It was -- it's on this
agenda. It's 9B. It's been moved to the summary.
Yesterday was a meeting with Mr. Yovanovich, Mr. Ciesielski,
Mr. Greenberg, and Mr. Arnold, and then nothing -- just emails on
17A and emails on 17B.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yes, thank you very much.
I have no additions, no corrections to the agenda entirely, and the
only one I have to disclose is 9B also, and I had a meeting with Don
Ciesielski, I guess you say his name, and Wayne Arnold, and I also
had a staff report, and they were discussing the residents in the
surrounding area. Thank you.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Good morning. Thank
you for indulging me earlier. I was having a little technical difficulties.
But I have no changes or disclosures except for what's now 17G,
and I did have meetings and correspondence with regard to that.
CHAIRMAN SOLIS: I have no changes. I do -- on 17G, which
was 9B, I've got to disclose meetings with Mr. Yovanovich, Mr.
Ciesielski, Michael Greenberg, Wayne Arnold, and some emails and
calls from Mr. Yovanovich.
I believe we have a public speaker.
MR. MILLER: For two consent-agenda items, sir, 16A1 and
16A8, Garrett Beyrent. Would you like him to speak now, sir?
CHAIRMAN SOLIS: I'd like to -- maybe we could just have him
October 23, 2018
Page 7
make his comments, and we can decide whether or not we want to
remove those -- pull those from the consent agenda; is that acceptable?
COMMISSIONER FIALA: Sure.
CHAIRMAN SOLIS: Mr. Beyrent?
MR. BEYRENT: For the record, I'm Garrett Beyrent.
I have two properties that are involved -- these items that are
consented to, I didn't consent to either one of them, and they both
involve my properties, and that's the reason why I'm objecting.
I'd like to have it discussed in my presence when they're going to
do anything that has anything -- in one case one of the vacations of an
easement, I've got a petition to build a tower site on the property. I
need the easement to get to the property, Recreation Lane, okay.
The other property is Magnolia Pond, and that's a surface water
management water basin issue that's on the consent agenda, and I was
never involved at all in that.
So I need to be made aware of anything that has an effect on my
property. But it's presented as a consent agenda item initially, then I've
got to argue it later.
So I'd like those two items that I gave Commissioner Solis to be
taken off the consent agenda and discussed with staff in my presence.
CHAIRMAN SOLIS: Okay. Well, 16A1 is a recommendation to
adopt a resolution to hold a public hearing to consider vacating the
easement.
Can we just -- County Manager, can we make sure that that won't
be on a consent agenda so that --
MR. OCHS: Yes, sir.
CHAIRMAN SOLIS: -- Mr. Beyrent can come and make his --
MR. BEYRENT: Well, I'd have to watch everything everybody
does all the time.
CHAIRMAN SOLIS: Well, we'll make sure --
MR. BEYRENT: I'd like just to sit down -- and if you're going to
October 23, 2018
Page 8
do something, let me know so I don't have to get up and argue like I'm
in court every time I come here. It's ridiculous. It really is.
CHAIRMAN SOLIS: We will make sure that you're notified.
Mr. Mulhere?
MR. MULHERE: Actually, that's my application for vacation.
Oh, that's been 20 years maintained by the association. But, look, I'll
get with Mr. Beyrent before the public hearing for the actual vacation,
we'll find out what the issues are, and see if we can't resolve them.
MR. BEYRENT: I trust Bob.
CHAIRMAN SOLIS: Is that acceptable? Thank you.
And then on 16A8, that's the after-the-fact approval to request an
extension of the period of performance for the South Florida Water
Management District grant agreement.
MR. CASALANGUIDA: It's a project that's under way, sir, and
it's just an extension for time performance. And we could certainly
meet with Mr. Beyrent and walk through the project.
MR. BEYRENT: Definitely, because it's a big chunk of the
middle of my property, so I need to talk to somebody.
CHAIRMAN SOLIS: Okay. So we'll make sure that there's
some communication with staff.
MR. BEYRENT: Very good. Thank you very much. I appreciate
it.
CHAIRMAN SOLIS: So we'll leave those on the consent
agenda.
Any other questions or comments?
COMMISSIONER FIALA: Yes. If we leave them on the
consent agenda --
COMMISSIONER McDANIEL: Get up on the mic, please.
COMMISSIONER FIALA: Oh, I'm sorry. If we leave them on
the consent agenda and approve it but he hasn't talked about us
yet -- or talked with us yet, is that a little putting the cart before the
October 23, 2018
Page 9
horse?
CHAIRMAN SOLIS: Well, not really, because 16A1, we're just
adopting a resolution to hold a public hearing on what he wants to talk
about. So he'll be able to come back. He just wanted to make sure that
this -- whatever the discussion or the approval's going to be later on at
the public hearing doesn't end up on a consent-agenda item. So we're
going to make sure that doesn't happen for him.
COMMISSIONER FIALA: I never heard of a -- heard us doing
that before, making some decisions on somebody's property before
we've talked to them. So okay. If Mr. Beyrent is okay with that, okay.
COMMISSIONER McDANIEL: It's okay.
CHAIRMAN SOLIS: I think he's okay with it.
COMMISSIONER FIALA: Okay.
CHAIRMAN SOLIS: Okay. Is there a -- I'm sorry. Are there
any speakers? No speakers.
COMMISSIONER TAYLOR: It's just Commissioner Fiala's mic
needs to be brought closer.
COMMISSIONER FIALA: I can't get it much closer unless I
swallow it.
CHAIRMAN SOLIS: Very good. Is there a motion to approve
the consent agenda and summary agenda?
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN SOLIS: Is there a second?
COMMISSIONER SAUNDERS: Second.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
October 23, 2018
Page 10
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Agenda's approved.
Item #2B
SEPTEMBER 25, 2018 BCC/REGULAR MEETING MINUTES –
APPROVED AS PRESENTED
MR. OCHS: Item 2B is approval of the BCC regular meeting
minutes of the meeting of September 25th, 2018.
COMMISSIONER McDANIEL: I'll move for approval.
COMMISSIONER FIALA: I'll second it.
CHAIRMAN SOLIS: Motion and a second to approve the
September 25th regular meeting minutes. 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: They're approved.
Item #3A1
PRESENTATION TO RECOGNIZE AND THANK RETIRING
PLANNING COMMISSION MEMBER DIANE K. EBERT FOR
EIGHT YEARS OF DEDICATED SERVICE ON THE COLLIER
COUNTY PLANNING COMMISSION – PRESENTED
October 23, 2018
Page 11
MR. OCHS: Item 3A1 is a presentation to recognize and thank
our retiring Planning Commission member, Diane Ebert, for eight
years of dedicated service on the Collier County Planning
Commission.
Diane, if you'd please step forward and receive your
proclamation.
(Applause.)
COMMISSIONER FIALA: It's been a pleasure working with
you, Diane.
MS. EBERT: I'd like to have my son come up.
CHAIRMAN SOLIS: Oh, absolutely. Anybody else?
(Applause.)
MS. EBERT: Thank you.
COMMISSIONER SAUNDERS: And, Mr. Chairman, I just
want to make a quick comment. I know Ms. Ebert may want to say a
few words.
But I want to thank her personally. The Planning Commission
really is a difficult position to be on. We all appreciate everything that
everybody does for all of our advisory boards. The Planning
Commission, though, is one that I think is one of the most important
because the appearance of our community, the livability of our
community depends in large measure on the decisions by the planning
board that are sent up to us.
And so I just want to thank you personally for your eight years of
service and wish you well in the future as you spend more time with
your family and more time doing things you enjoy doing. So thank
you.
MS. EBERT: Well -- and I want to thank you, Commissioner
Saunders, for this honor. I feel honored and blessed that you would do
this. And my time on the Planning Commission might be over, but
there are a couple more projects I'd like to see come forward in the
October 23, 2018
Page 12
county, so you haven't seen the last of me yet.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN SOLIS: Thank you.
(Applause.)
CHAIRMAN SOLIS: And I would just add that I had the
pleasure of serving on the Planning Commission with Ms. Ebert, and it
was all the better because she was there. So it was a great experience
for me, personally, and I learned a lot from sitting next to her on the
Planning Commission. So thank you.
Item #4
PROCLAMATIONS: ONE MOTION TAKEN TO ADOPT BOTH
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING NOVEMBER 4, 2018 AS
DIABETES AWARENESS DAY IN COLLIER COUNTY.
ACCEPTED BY TAMI BALAVAGE, PRESIDENT, HELP A
DIABETIC CHILD, INC., DR. DEB SELMAN AND PAUL THEIN
– ADOPTED
MR. OCHS: Mr. Chairman, we move to today's
proclamations.Item 4A is a proclamation designating November 4,
2018, as Diabetes Awareness Day in Collier County. To be accepted
by Tami Balavage, president, Help a Diabetic Child, Incorporated; Dr.
Deb Selman; and Paul Thein. If you'd please step forward and receive
your proclamation.
MS. BALAVAGE: Can we bring my husband up, too?
CHAIRMAN SOLIS: Yeah, everybody.
October 23, 2018
Page 13
MS. BALAVAGE: My name is Tami Balavage. I am the
founder of the Help a Diabetic Child Foundation. Our foundation was
founded, my husband and I, following the diagnose of our son with
Type 1 diabetes. He's insulin dependent for the rest of his life.
So with that being said, we are thankful to Commissioner
McDaniel and to the entire Board for taking the lead in recognizing
this day in November as Diabetes Awareness Day in Collier County.
According to the American Diabetes Association, there are about
two-and-one-half million people in Florida with diagnosed diabetes, 13
percent of the population, and 5.8 million with prediabetes, which is
about 39 percent of the adult population.
Diabetes is expensive. The direct and indirect costs of diabetes in
Florida is estimated to be 25 billion according to the American
Diabetes Association.
The American Diabetes states that a person diagnosed with
diabetes incurs about $10,000 more each year in medical expenses
compared to someone without diabetes. That is sad news. The good
news is that diabetes can be effectively managed leading to better
health and the avoidance of serious health complications such as
kidney disease, heart disease, vision problems, amputations, death can
occur with diabetes, but education and public awareness, such as this
proclamation, you have so graciously granted will make a difference in
our community.
Thank you on behalf of all of the community members who will
be touched by your wonderful action today. November the 4th we will
be hosting, along with Florida SouthWestern State College, Core
Health Partners, National Wellness Institute, and several other local
organizations, our fourth annual diabetes conference,
wellness -- diabetes and wellness at Florida SouthWestern State
College.
So thank you again. We appreciate the proclamation. Thank you.
October 23, 2018
Page 14
COMMISSIONER McDANIEL: Don't go away. If I may, Mr.
Chair. One second.
(Applause.)
COMMISSIONER McDANIEL: I just -- you know, I live by a
theory in life that everything happens for a reason, ultimately for the
greater good, but all in its own time.
And, happenstancely, I was supporting another charity in Fort
Myers, a breast cancer awareness charity in Fort Myers, and we had a
big Jeep rally event and ended up in one of my friend's Jeeps
just -- that's where I was. And here comes Joe and Tami.
And we're riding around the ballpark in support of breast cancer
awareness and start talking back and forth, and there you are. So how
about that?
MS. BALAVAGE: Thank you very much.
COMMISSIONER McDANIEL: Outstanding. Thank you.
MS. BALAVAGE: I want to mention also that the accelerator in
Immokalee is part of, and we know you fund them -- correct, Paul?
COMMISSIONER McDANIEL: That's correct.
MS. BALAVAGE: I just wanted to mention that.
COMMISSIONER McDANIEL: That's correct. Thank you
again, Ms. Tami.
MS. BALAVAGE: Thank you very much.
Item #4B
PROCLAMATION DESIGNATING OCTOBER 2018 AS SAFE
INFANT SLEEP MONTH IN COLLIER COUNTY. ACCEPTED BY
STEPHANIE VICK, CINDY WHETSELL, DANNA BREEDEN,
PATRICIA HANSEN, PAULA DIGRIGOLI AND SALLY
KREUSHER – ADOPTED
October 23, 2018
Page 15
MR. OCHS: Item 4B is a proclamation designating October 2018
as Safe Infant Sleep Month in Collier County. To be accepted by
Cindy Whetsell, Danna Breeden, Patricia Hansen, Paula DiGrigoli, Dr.
Deborah Shephard, and Ryan Lukosavich.
(Applause.)
MS. BREEDEN: My name is Danna Breeden, and I'm a
maternal-child nurse at the Florida Department of Health in Collier
County. I'm co-chair of the Safe Sleep Committee with Dr. Diane (sic)
Shepherd. We want to thank the county and the commissioners for
this proclamation.
Each year about 3,500 babies in the U.S. die suddenly and
unexpectedly before they reach their first birthday due to sleep-related
death.
SIDS is the third leading cause of infant mortality in the U.S.
behind premature and congenital anomalies. It's the leading cause of
death in infants after one month.
In Collier County, there have been 45 unsafe sleep deaths since
2000. This year alone we have had two infant deaths that are being
investigated for unsafe sleep. One was in an unlocked -- unlicensed
childcare home. These tragedies called sudden unexpected infant
death often occur during sleep or on the baby's sleep area and include
sudden infant death syndrome, accidental suffocation and strangulation
in bed, and other deaths from undetermined causes.
We have to keep spreading our message, and we thank you for the
proclamation and the recognition from the Commissioners. ABC: The
baby has to be alone, on the back, in a crib.
(Applause.)
MR. OCHS: Mr. Chairman, if I could have a motion to approve
today's proclamations, please.
COMMISSIONER FIALA: Motion to approve today's
proclamations.
October 23, 2018
Page 16
COMMISSIONER McDANIEL: And I'll second.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: They're approved.
MR. OCHS: That takes us to Item 5 on today's agenda.
Item #5A
RECOGNITION OF RECIPIENTS OF THE 2018 DISTINGUISHED
PUBLIC SERVICE AWARD, PRESENTED BY THE GREATER
NAPLES CHAMBER OF COMMERCE ON OCTOBER 10, 2018.
THE DISTINGUISHED PUBLIC SERVICE AWARD
RECOGNIZES PUBLIC SERVICE PROFESSIONALS WHO HAVE
MADE OUTSTANDING CONTRIBUTIONS TO THE SAFETY
AND WELL-BEING OF OUR COMMUNITY. THE RECIPIENTS
ARE: DAN SUMMERS, COLLIER COUNTY BUREAU OF
EMERGENCY SERVICES DIRECTOR; MICHELE WILLIAMSON,
COLLIER COUNTY EMS BATTALION CHIEF; LESLIE
WEIDENHAMMER, COLLIER COUNTY SHERIFF’S OFFICE
LIEUTENANT; AND KEVIN NELMES, GREATER NAPLES FIRE
RESCUE DISTRICT LIEUTENANT/PARAMEDIC – PRESENTED
Item 5A is a recognition of the recipients of the 2018
Distinguished Public Service Award presented by the Greater Naples
October 23, 2018
Page 17
commerce -- excuse me -- Chamber of Commerce on October 10,
2018. The Distinguished Public Service Award recognizes public
service professionals who have made outstanding contributions to the
safety and well-being of our community.
This year's recipients are Dan Summers, Collier County Bureau
of Emergency Services director; Michele Williamson, Collier County
EMS battalion; Leslie Weidenhammer, Collier County Sheriff's Office
lieutenant; and Kevin Nelmes, Greater Naples Fire Rescue District
lieutenant and paramedic. If you'd please step forward so we could
recognize your service to our community.
(Applause.)
CHAIRMAN SOLIS: You guys are going to test me here. Wait
a minute.
MR. OCHS: Commissioner Fiala is accepting on behalf of Kevin
Nelmes. And I also want to mention Chief Schuldt from Greater
Naples Fire and Rescue District is here this morning as well.
COMMISSIONER FIALA: I know I don't look like it, but I'm
Kevin Nelmes. He asked me to stand in for him, and so I'm proudly
doing that. Thank you.
MS. WILLIAMSON: Kevin has never been sweeter.
CHAIRMAN SOLIS: We are very fortunate to have these
wonderful public servants here. Of course, now I'm going to be very
confused, because she's no longer the sarge. She's the lieutenant.
Congratulations.
Item #5B
PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT
FOR EXCELLENCE IN FINANCIAL REPORTING FOR THE 2017
FISCAL YEAR FROM THE GOVERNMENT FINANCE
OFFICERS ASSOCIATION. THIS AWARD IS PRESENTED TO
October 23, 2018
Page 18
THE COLLIER COUNTY CLERK OF THE CIRCUIT COURT AND
COMPTROLLER FOR THE COLLIER COUNTY
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE
FISCAL YEAR ENDED SEPTEMBER 30, 2017. ACCEPTED BY
DEREK JOHNSSEN, DIRECTOR OF FINANCE AND
ACCOUNTING – PRESENTED
MR. OCHS: Mr. Chairman, that takes us to Item 5B this
morning. This is a presentation of the Certificate of Achievement for
Excellence in Financial Reporting for the 2017 fiscal year from the
Government Finance Officers Association.
This award is presented to the Collier County Clerk of the Circuit
Court and comptroller for Collier County Comprehensive Annual
Financial Report for the fiscal year ended September 30th, 2017. To
be accepted this morning by Derek Johnssen, director of finance and
accounting for Clerk of the Circuit Court.
Derek, congratulations.
(Applause.)
MR. JOHNSSEN: I'm not supposed to be alone up here.
CLERK KINZEL: Staff.
CHAIRMAN SOLIS: We might need two lines.
CLERK KINZEL: Tall people in the rear.
COMMISSIONER TAYLOR: Vertically challenged in the front.
COMMISSIONER TAYLOR: Well done.
(Applause.)
MR. JOHNSSEN: Good morning, Commissioners. Derek
Johnssen with the Clerk’s Office. Thank you so much for the
recognition.
This award is the culmination of an annual closing process that
begins in October. The people before you are the ones who really do
the heavy lifting on this project, but they're not the only contributors.
October 23, 2018
Page 19
I would like to recognize the manager and his departments as well
as the other Constitutional Officers for the important role they play in
the development of this CAFR. With that said, it's time to get to work
on the Fiscal '18 edition.
Thank you again for the recognition.
(Applause.)
CLERK KINZEL: And, Commissioner Solis, just so you know,
the staff is always reluctant to come and get recognized, but they work
so hard I somewhat force them to be present because they are so
reluctant to be recognized for their hard work, so appreciate it.
COMMISSIONER FIALA: That's nice.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: Mr. Johnssen, when we met
yesterday in our pre-meeting, the meeting before the pre -- the
meeting, you mentioned -- you were very eloquent in terms of what
this really means to the taxpayers of Collier County. What is this
award for?
MR. JOHNSSEN: Eloquence, ma'am? Are you sure that was
me?
What this primarily means is in the secondary market when
Collier has a debt issue, or what you do frequently -- and, in fact,
there's a pre-close today on your TDT bond for the sales tax -- for the
stadium financing. The financial markets look at that document. It's
the primary method for them to make a decision about the rating of
Collier. And, in fact, every year that document has to be filed with the
SEC. So it shows the coverage and things that we have on our debt.
It's an extremely important document, though it may not be on a lot of
coffee tables.
COMMISSIONER TAYLOR: And it says that, you know --
MR. JOHNSSEN: Well, the award program, ma'am, is another
layer of -- another layer of review on your CAFR. It's more a
October 23, 2018
Page 20
completeness issue. Obviously, I think, as we spoke yesterday, the
audit opinion is the most important document in your CAFR, but the
award program is just a nice wrap to tell you that it's a very consistent
document, and it's award winning in its presentation, and it's just really
another layer of review.
COMMISSIONER FIALA: Penny, ask him what the CAFR is.
COMMISSIONER TAYLOR: Okay. And now we need to know
what CAFR means.
MR. JOHNSSEN: Oh, that acronym. It's the Comprehensive
Annual Financial Report.
COMMISSIONER McDANIEL: It's not a cowboy.
MR. JOHNSSEN: I'll remember to say that in the future all the
time.
COMMISSIONER TAYLOR: So what it means -- and we've
heard it, we've heard it. We always hear it, you know, folks naturally
are concerned about what we're doing with their taxes, how we're
spending the money, you know. And what this document does is
there's someone from the outside looking in on the way we manage our
government and the way we're doing it.
MR. JOHNSSEN: Truly, ma'am. But, remember, that's the third
layer of review. We've looked at it, your external auditors have looked
at it, yes, and then other people in the profession have also judged it.
COMMISSIONER TAYLOR: Good. Thank you very much.
MR. JOHNSSEN: You're very welcome.
MR. OCHS: Mr. Chairman, I just wanted to note for the
Commissioners, on 5A, the reason that Lieutenant Nelmes was not
with us this morning is because he's volunteered to be deployed up to
the Panhandle helping hurricane victims recover from Hurricane
Michael. So, as usual, he's out there doing what he does best, and we
really appreciate it.
And thank you, Commissioner, for stepping in.
October 23, 2018
Page 21
COMMISSIONER FIALA: Oh, thank you. I'm glad you said it,
because I probably should have at the time. Thank you very much,
Leo.
MR. OCHS: No problem.
CHAIRMAN SOLIS: Which reminded me that -- in watching
the coverage of the hurricane, you know, I think we should all reflect
on how fortunate we really were not to have a 10-foot storm surge.
MR. OCHS: Yes, sir.
COMMISSIONER McDANIEL: Amen.
CHAIRMAN SOLIS: It was devastating.
COMMISSIONER McDANIEL: Keep those people in our
prayers.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Commissioners, we move now to Item 7 on this
morning's agenda, public comments on general topics not on the
current or future again.
MR. MILLER: I have no registered speakers for this item at this
time, Chairman.
CHAIRMAN SOLIS: Okay.
MR. OCHS: Thank you, Mr. Miller.
We move now to Item 9, advertised public hearings.
Item #9A – Heard with Item #11E
ORDINANCE 2018-52: RECOMMENDATION TO APPROVE AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
October 23, 2018
Page 22
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 2005-36, THE REGAL ACRES RESIDENTIAL
PLANNED UNIT DEVELOPMENT, BY INCREASING THE
PERMISSIBLE NUMBER OF DWELLING UNITS FROM 184 TO
300; BY AMENDING ORDINANCE NUMBER 2004-41, THE
COLLIER COUNTY LAND DEVELOPMENT CODE BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN
ADDITIONAL 23.15+/- ACRES OF LAND ZONED RURAL
AGRICULTURAL (A) TO THE REGAL ACRES RPUD; BY
REVISING THE DEVELOPMENT STANDARDS; BY AMENDING
THE MASTER PLAN; ADDING DEVIATIONS; REVISING
DEVELOPER COMMITMENTS; BY REMOVING THE DENSITY
BONUS AGREEMENT FOR PARCEL A APPROVED IN
ORDINANCE NUMBER 2005-36 AS AN ATTACHMENT TO THE
ORDINANCE AND BY APPROVAL OF AN AFFORDABLE
HOUSING DENSITY BONUS FOR THE ADDED 23.15 ACRES
THAT WILL GENERATE 46 BONUS UNITS FOR LOW OR
MODERATE INCOME RESIDENTS. THE PROPERTY IS
LOCATED ON THE WEST SIDE OF GREENWAY ROAD EAST
OF COLLIER BOULEVARD (C.R. 951), AND NORTH OF U.S. 41,
IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA CONSISTING OF 59.90+/-
ACRES; AND BY PROVIDING AN EFFECTIVE DATE
[PL20170001733] – ADOPTED
Item 9A, this is an item that requires ex parte disclosure be
provided by commission members, and all participants are required to
be sworn in.
It's a recommendation to approve an ordinance amending
Ordinance No. 2005-36 known as the Regal Acres Residential Planned
October 23, 2018
Page 23
Unit Development by increasing the permissible number of dwelling
units from 184 to 300 and by amending the zoning atlas and changing
the zoning classification of an additional 23.15 plus-or-minus acres of
land zoned rural agricultural to the Regal Acres RPUD classification.
This will be revising development standards, amending the master
plan, adding deviations, revising developer commitments, removing
the density bonus agreement from Parcel A approved in Ordinance
2005-36, and approving an affordable housing density bonus for the
added 23.15 acres that will generate 46 bonus units for low- and
moderate-income residents.
The property is located on the west side of Greenway Road, east
of Collier Boulevard and north of U.S. 41.
And, Commissioners, as a reminder, you have a companion
agenda item, Item 11E, that will also be heard in conjunction with that
item. And I'll read the title of that, Mr. Chairman.
Item #11E – Heard with Item #9A
RECOMMENDATION TO APPROVE AN AGREEMENT
AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS
AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL
PROPERTY AS A COMPANION ITEM TO THE REGAL ACRES
PARCEL B PUDZ-PL20170001733 – APPROVED
Item 11E is a recommendation to approve an agreement
authorizing affordable housing density bonus and imposing covenants
and restrictions on real property as a companion item to the Regal
Acres Parcel B rezone.
CHAIRMAN SOLIS: Good. Ex parte disclosures?
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, absolutely. I have had
October 23, 2018
Page 24
meetings and emails regarding this agenda item.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I have a bunch of emails, and I
also -- I took it upon myself to go take a look at the property. I wanted
to go see what the Regal Acres 1 looks like, you know, how it's taken
care of. Then I decided to go see another one of the properties; that's
the one in the North Naples area. And then I decided to go see a third
property also just to kind of get a good feel for -- I know them pretty
well, but -- except for the one out in North Naples. And so I thought
I'd take a look again and see how they're being cared for and so forth.
I didn't look at the older ones, because I know what those look
like, but I wanted to see these. Thank you.
And that's it for me. I think I told you that I have emails, lots of
emails, and talked with the Planning Commissioners, and I talked with
staff, and I attended a neighborhood information meeting, talked with
Nick Kouloheras, and mail. Thank you.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: I had telephone calls with Nick
Kouloheras, I watched the Planning Commission meeting, the first
meeting, in its entirety. I attended the Affordable Housing Advisory
subcommittee meetings and committee meetings regarding this; toured
the Regal Acres site on Tuesday, October the 16th. I spent a
considerable amount of time driving around that community. I went
right to the end and looked at the placement of the newer community,
paid close attention to the Greenway Road and its ability to transport
vehicles. I spoke with various staff members, and I received emails
from the constituents for and against the project.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I had meetings with the representatives of the project, reviewed
some telephone messages as well as emails.
October 23, 2018
Page 25
CHAIRMAN SOLIS: And I, as well, met with Lisa Lefkow and
Nick Kouloheras and have received many emails from residents.
Shall we swear the witnesses, anyone that's going to testify?
MR. OCHS: Please.
CHAIRMAN SOLIS: If you're going to speak on this item,
please stand and raise your right hand.
(The speakers were duly sworn and indicated in the affirmative.)
MS. DeJOHN: Okay. Good morning, commission members.
I'm Laura DeJohn, principal planner with Johnson Engineering, here
today on behalf of Habitat for Humanity of Collier County.
With me is Nick Kouloheras, the president of Habitat for
Humanity. And what I'd like to do is give him a chance to briefly
speak on the organization and the goals for this community, and then
I'll return for main highlights to briefly go over the rezone request.
MR. KOULOHERAS: Good morning, Mr. Chair,
Commissioners, how are you? Nick Kouloheras.
Just very briefly, on this neighborhood, the Regal Acres Phase B
project will be something new and exciting for Habitat. It is more of a
clustered home design, single-family, two-story detached homes. And
for the first time -- as you all know, Habitat has always catered up to
60 percent area median income. Well, this project we were allowed
permission from Habitat International, which is our governing body, to
go up to 80 percent to start reaching some of that market-rate housing.
So we're very excited about doing that.
And at the end of the day, you know, this is a project that's going
to house the working families of Collier County. These are homes that
will have some deed restrictions in place to keep them affordable for a
certain number of years and, you know, these are just the families that
we see each and every day. They're the families that work within the
school districts, work for Collier County Government, work in the
hospitality industry.
October 23, 2018
Page 26
So it's a very wide, diverse group of folks that will live in this
housing. And it's a very stringent process, and we're very proud of the
project that we're about to put in front of you. Thank you.
MS. DeJOHN: Okay. What I'll be doing is just getting a few
main points on the record for today's presentation and then, of course,
we'll be open -- available to answer any questions that you have.
First and foremost, I appreciate that there were some who
watched or, even if you don't have a chance, you end up seeing the
Planning Commission hearings in the hallways. The Planning
Commission did vote unanimously in support of this project after we
went through a very thorough review. And I would like to ask that the
records and materials associated with those Planning Commission
meetings of September 6th and September 20th for this item be made
part of the record here.
As far as the project's concerned, your backup material shows you
that the site is a 23.15-acre site surrounded by existing and growing
communities with a mix of uses, including single-family and
multifamily.
I want to point out the property ownership of this site is all five
parcels owned by Habitat for Humanity of Collier County. The current
zoning is agriculture, and the proposed rezone to Residential Planned
Unit Development would be much more compatible and in keeping
with the surrounding development pattern.
It's important to point out the site is not a preserve, because some
neighborhood correspondence or surrounding community members
have been told or believe this is a preserve site, but there are no
restrictions, no easements, or no functions of preserve on this site. It is
zoned agriculture currently.
Infrastructure is available and adequate for the project. The
access will be through the existing access point along Greenway Road.
The Traffic Impact Statement finds that there are no significant
October 23, 2018
Page 27
impacts on surrounding roads.
As far as other infrastructure, drainage improvements will be
consistent with all criteria, sewer and water are available, and the
applicant has agreed to a 40-foot by 60-foot dedication to Collier
County Utilities for an easement of a wellsite along the north property
line shown on the master plan.
On the master plan you can see the project meets all open-space
requirements, and then a significant effort has been put in just to
address buffering. This site, with preserves on the west side, a lake to
the north, and preserves that extends to some of the south side of the
property, it's substantially separated and buffered from surrounding
communities.
The site has been designed with careful detail to how that
community functions internally and then relates to its external
neighbors.
Parking has been provided in excess of the county standard, two
spaces per dwelling. We're providing three spaces per dwelling.
Finally, I want to point out you do have several pieces of
correspondence from surrounding property owners, several in favor
because of that work that Habitat for Humanity did to be proactive and
work with the neighbors to the north at Naples Reserve and the
neighbors to the south at Westwind community.
The request is consistent with your Growth Management Plan and
meets the criteria for rezoning and for PUD approval as we've
described here and as shown in your staff report and supported by the
Planning Commission's recommendation for approval.
We appreciate your consideration, and we are here if you do have
any questions more specific to the project or the request.
CHAIRMAN SOLIS: Questions from the dais?
COMMISSIONER McDANIEL: I have questions, but I'll wait
till the speakers, and then if they're not answered, I'll ask them.
October 23, 2018
Page 28
COMMISSIONER FIALA: I have one question, if I may.
I was really impressed with what I saw yesterday. And one of the
things I saw in one of the -- which one? I can't remember which one.
But, anyway, they had a special parking area for cars that -- you know,
rather than parking all over the lawn, they had it parked there.
The front area was also very small. This is going to be -- the
driveway's going to be 23 feet, and so you can only fit two cars in
there. And there won't be any garages, and I understand why. But I
thought, well, we don't want people parking on the lawn. That's one of
the biggest complaints you hear. Not two cars on the lawn, but five
cars on the lawn.
And so -- but I noticed that they manage that very well over at
Legacy Lakes, and they also seem to manage it pretty well, not totally,
over at the first Regal Acres.
And so I'm hoping that you'll put something in place that can
accommodate extra cars rather than having them park on the front
lawn. That would be -- that would be tremendous, and I think that that
will solve a lot of the problems of how the places look.
MS. DeJOHN: We agree with that premise, and the
cross-sections that are part of the PUD document show exactly how
the cars will be accommodated off the street but, of course, there will
be curbing to prevent any parking within grass areas. And there is the
provision for three spaces for each unit, which is above and beyond
most standard communities where two spaces per unit is provided.
COMMISSIONER FIALA: How do you get three on there? I
don't know.
MR. KOULOHERAS: Mr. Chair, if I may. Nick Kouloheras.
And thank you, Commissioner. And as you know, I agree with
you wholeheartedly. The other things that we've done besides the
additional design concepts, which were added at that North Naples
property and not the Regal property to the south the first one when he
October 23, 2018
Page 29
designed it 12 years ago, we've tightened up the HOA restrictions.
Each resident is required to register their vehicle with the HOA and the
management company, and we hand out decals.
And also with this property, like at Legacy Lakes up in North
Naples, the entire community will be professionally maintained by a
third party and, therefore, the restrictions and covenants show that. So
if you try to move the strategically placed tree that we put there so you
can't park on your front lawn, certainly the landscaper's going to notice
that if, for some reason, the HOA didn't. And we have the teeth now
and the document, if you will, to address those issues so...
COMMISSIONER FIALA: I was going to ask you about that
again.
I notice that the last place, Legacy Lakes, looked very, very neat,
and I think that has a lot to do with its appearance, you know, for the
outsiders who drive in.
Is there anything in your rules that say they can't pave over the
lawn?
MR. KOULOHERAS: Oh, yes. So not only is there a Collier
County Land Development Code regulation on that, but our rules and
restrictions have certainly grown as we've matured as an organization
over the years.
COMMISSIONER FIALA: Good, because, you know, the older
ones, they've all paved over their lawns, and they look so bad. And to
the people who are going to be living next door to this, I would love to
see that taking -- you know, somebody monitoring that, too. I mean,
you can put any rule in place, but if people don't adhere to it, it doesn't
help at all.
MR. KOULOHERAS: Agreed.
COMMISSIONER FIALA: So if you have somebody
monitoring it, that would help, too, because I think it will give it a
better appearance.
October 23, 2018
Page 30
MR. KOULOHERAS: Agreed.
COMMISSIONER FIALA: Okay.
CHAIRMAN SOLIS: Anything else?
MS. DeJOHN: No. Were there any other questions? No.
CHAIRMAN SOLIS: No.
MR. MILLER: Mr. Chairman, at this point I have three
registered speakers for this item. Your first speaker is Marilyn
Gerenstein. She will be followed by Barry Gerenstein.
MS. GERENSTEIN: Good morning. I've been an East Naples
resident for 14 years and for the last five years a volunteer with Big
Brothers/Big Sisters, which has allowed me to see horrific conditions
in Trail Ridge, a Habitat community.
I go in there generally on a Saturday or a Sunday, and I see an
exorbitant amount of cars, boats on trailers, food trucks parked on
driveways, lawns, or weeds, which better describes them, and on
sidewalks.
Owners have boarders residing in their homes, garages are turned
into non-permitted bedrooms without any windows or egress, homes
are cluttered with debris, weeds are as tall as some shrubs, and there's
no maintenance to homes and, in general, no pride in the community.
I have issues with additional affordable housing here in East
Naples and not being distributed equally throughout the county. It
seems this area is being targeted as the dumping ground for this
housing. These residents have jobs throughout the county and have
land and -- excuse me -- and commute to other areas. Other areas have
the land and the need for these residents. They work all throughout
our county. Building in other parts of the county will alleviate traffic
congestions and allow residents to get their jobs more easily and less
expensively.
Thank you for your time.
MR. MILLER: Your next speaker is Barry Gerenstein. He will
October 23, 2018
Page 31
be followed by Jury Paulson.
I want to remind our speakers, please state your name when you
come to the microphone.
MR. GERENSTEIN: Barry Gerenstein.
Good morning, and thank you, Commissioners.
Some of you know me. I generally don't say what I write. I've
not seen the Habitat community in North Naples, but I've seen all the
Habitat communities in East Naples. The conditions are absolutely
deplorable.
Trail Ridge had a property management company put in
approximately two-and-a-half or three years ago. They have had
multiple companies. They haven't made it better. They've made it
much worse. The conditions are deplorable.
Trail Ridge has become a massive boarding house. Garages are
bedrooms. Why code compliance doesn't go in and regularly cite these
people, I don't know. Paying the property management company is a
total joke.
I've seen Habitat communities in other parts of the country, and
they look like the kind of place we'd like to live. I would not want to
live in any of the Habitat communities in East Naples.
I'm living here 14 years. I've been involved with my community
and the county since then. I did not move to Lehigh Acres. I moved to
Naples, and I want to keep Naples Naples.
One of the first organizations I contacted in coming here -- and
Commissioner Fiala knows me, and I volunteer for a lot of
organizations within the community, and I've been active in the
community ever since with Habitat for Humanity.
I submitted a resumΘ, and I told them I don't want to swing a
hammer. If I could represent 40,000 people in New York in the largest
utility in the world, I can certainly do some good here.
Dr. Durso said he had the perfect job for me, the selection
October 23, 2018
Page 32
committee. He told me sometimes hundreds of people will apply for
one Habitat house, and he felt I had the expertise to determine by the
rule book that they gave me that probably was 300 pages of the
national rules that I studied -- and they gave me a really cool golf shirt
I was proud to wear -- I learned that none of those rules were followed.
I was allowed to go to meetings, drink their coffee, wear their
shirt, read the book but not participate. After being totally frustrated
for over six months, I went to Dr. Durso and he admitted to me,
Habitat in East Naples -- in Collier County, rather, is basically the
good ole boy's club, and some day they will need me.
I didn't want to wait 20 years till everybody's gone, so I left
Habitat. The rules are not followed. The conditions are deplorable. I
implore the County Commission allow no more Habitat housing until
things get better in this community.
Thank you very much.
MR. MILLER: Your final speaker on this item is Jury Paulson.
MR. PAULSON: Good morning, Commissioners. My name is
Jury Paulson. I grew up in Naples. I attended North Naples Middle
School the first year it opened. Later I played football at Barron
Collier High School. I'm active in our community. I'm currently on the
board of the Young Professionals of Naples, and I graduated from the
Growing Associates in Naples, class of 2018.
I also recently concluded a year of AmeriCorps with Habitat for
Humanity of Collier County. For those of you unfamiliar with the
program, AmeriCorps members are national volunteers that dedicate a
year to building capacity in a nonprofit or municipal government
organization.
I didn't know a whole lot about Habitat before taking on this role,
but I figured this would be a great opportunity to gain experience
working in my chosen vocation, public service.
My main focus during my time with Habitat was serving Habitat
October 23, 2018
Page 33
homeowners through an initiative called Success Measures. I targeted
three groups: Homeowners that had either lived in their homes for
approximately one year, five years, or 10 years. The goal was to collect
data on outcomes and the impact of home ownership for these families
over time. Nearly 300 homeowners were surveyed with me and a
partner of mine, another AmeriCorps member.
I had a very different experience than the previous speakers going
through these communities. Throughout the service year, I was
welcomed into homes. I spoke with parents and kids, many in Trail
Ridge. I experienced firsthand who these people were. I put a face to
their stories. I heard what was achieved as the years progressed. We
talked finances, education, health, safety, et cetera.
I heard some things over and over again. Across the board, things
had improved, often exponentially. I was impressed. I quickly
realized that offering people the chance to invest in their future through
a no-interest mortgage was beneficial not only to the individual but to
the collective as well. And with less than 1 percent of Habitat funding
coming from the public through Collier County grants, I thought, wow,
what an absolute public policy win.
As someone that hopes to be a leader in this community some
day, I would ask the leaders of today to support the inclusive and
sensible solutions offered by Habitat for Humanity of Collier County.
Thank you so much for your time.
CHAIRMAN SOLIS: Thank you.
(Applause.)
COMMISSIONER McDANIEL: Can we hire him? Evidence
based is where we go.
CHAIRMAN SOLIS: Any other speakers?
COMMISSIONER McDANIEL: There's been a couple that got
handed in.
MR. MILLER: Yeah. I just had a gentleman hand in a speaker
October 23, 2018
Page 34
slip for this item. Ray Williams.
MR. WILLIAMS: Good morning. My name is Ray Williams.
I'm a board of director of Westwind Estates which is directly next to
Regal Acres project.
Back in May they came to us, reached out to us and our
community about there development plan. They came in, gave us a
beautiful presentation, and we had some concerns. They sat and
listened. We went back and forth. They came back to us again in June
with a solution to our concerns, which has way exceeded what we
were expecting we were going to get. We were expecting to get a
fence, and we wound up getting a wall put in.
We had a couple other concerns, and they've addressed every one
that we as a community couldn't be happier with.
Habitat is something that we need to develop. We need this
product in our community. We didn't do it when the market crashed to
take advantage of cost-wise and everything else. We have to address it
now, or we're going to lose a lot of people.
There was an article in Coastal Living magazine. The five most
expensive beach towns in the country; Naples came in No. 3. So it
will just tell you what we're faced against to get people to come work,
county employees that don't have to drive two hours to go to work, and
such.
And that's what I wanted to talk to you and tell you about.
CHAIRMAN SOLIS: Thank you.
MR. WILLIAMS: Thank you.
MR. MILLER: And that is all the speakers we have, sir.
CHAIRMAN SOLIS: Okay. Commissioner Fiala.
COMMISSIONER FIALA: Yeah. Okay. Thank you very
much.
First of all, it's really interesting what they've said, but it gives
you a challenge what to do. As long as -- like, Trail Ridge is bad. I'm
October 23, 2018
Page 35
sure you know that, too, and, actually, we know it. So there's an
opportunity for you to clean that up, and you have to take hold, and
you have to be pretty strict with them to get things back in order.
But do it, and it will reflect on you and what you're doing for the
community. I think that's important, because that's a lot of the
concerns. Being that you've packed in most of your affordable housing
into East Naples, we at least would like it to look better, you know.
And I think you can do that. I've seen it, you know, with the other
couple that I went into yesterday, and they looked good. So I think
that would be a challenge for you.
I think with this going up to 80 percent, then you will be able to
include more, like, county employees, like you said, and things like
that, because now they'll be able to -- and with it being better cared for,
they would be more inclined, I think, to move into that area, and that's
a good thing, too.
One of the things that somebody mentioned, is there a way for
you to stop concentrating all of your housing in the East Naples area?
That's -- you know, I realize it's cheap, and it will stay cheap as long as
you concentrate all that stuff.
But Mark Strain and I went out and gave a speech to a few groups
just recently. And one of the things Mark said, building is crazy in
East Naples. He said, everybody's building everything. But I pointed
out to him, they're gas stations -- oh, I have to finish this -- gas stations,
storage units, and affordable housing. And what with that it's hard for
us to draw businesses in and restaurants and so forth. So that's why I
mentioned that, you know, we would love to have you cooperate and
find other places also. I'm not saying you have to stop, but we have
plenty.
But I think on the whole you've done a good job. I think you've
cleaned it up, and I think you could probably go back and clean up
Trail Ridge, too. I know Victoria Falls you've already pulled out of,
October 23, 2018
Page 36
but boy that looks terrible. But I know it's not yours anymore.
So if you could do that -- and that's just a favor. It's not required
on this thing. I'm not putting in a caveat that you have to; nothing at
all. But I think we would appreciate it, and others would appreciate it,
too.
Okay. So I think, as you listen to the speakers, you know, you
can take some hints on what you can do to better it.
Those are my comments.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Thank you.
Nick, if you can, please. I'd like to start off with a question. You
mentioned, you or Laura one mentioned about the deed restrictions that
travel. Are they reflective of the new 30-year condition that we're
putting forward with regard to the income restrictions and
affordability, or is it still 15?
MR. KOULOHERAS: So this particular community right now
has a number of restrictions. First of all, Habitat for Humanity has the
right of first refusal, the second part is Habitat for Humanity has a
shared appreciation agreement, and the third part is a -- it's not a
mortgage, but I call it a silent second mortgage which is protecting the
equity.
So what those restrictions, essentially, do is that the home does
not become equity positive until year 15 to 20 of the mortgage. It's
very much front loaded in Habitat's favor so that we can keep these
homes affordable.
So to answer your question, specifically, sir, 15 years, there's not
a written comment that says 15 years is the hard mark date, but I will
tell you based off economics, it usually runs between about 15 to 20
years before the tide turns in the homeowner's favor.
COMMISSIONER McDANIEL: Maybe this is a question for
you, then, Leo, with regard to that. I mean, when we are allowing for
October 23, 2018
Page 37
affordable -- and I hate calling it affordable housing, but when we're
allowing for those density bonuses, I was under the impression that the
new code was going to -- or new projects were going to have that
30-year provision.
MR. OCHS: Yes, sir. I'll ask Mr. Giblin to address that for you.
MR. KOULOHERAS: Commissioners, I apologize. I understood
the question a little bit inaccurately, so Cormac can answer that.
COMMISSIONER McDANIEL: I'm sorry, Nick. I might have
asked the wrong thing.
MR. GIBLIN: Good morning, Commissioners. Cormac Giblin,
your housing and grant development manager for the record.
This density bonus is being judged and held to the rules that are in
place today, which is still a 15-year restriction. In February, the Board
directed us to increase that to 30, and we have since done transmittal
hearings for Comp Plan amendments to make that happen. We've
done an adoption hearing by the Planning Commission thus far, and
the LDC amendments are hot on those heels. So as soon as those all go
through the entire process, we'll have any new ones coming forward at
the 30-year restriction.
COMMISSIONER McDANIEL: Thank you. That's where I was
looking to go. Thank you.
And I've got another question for you, Sir Nicholas.
MR. KOULOHERAS: Okay.
COMMISSIONER McDANIEL: On percentage of up to 80
percent, what percentage of the entire project is up to that 80 percent,
or is the aggregate there?
MR. KOULOHERAS: So there is a certain designated number
within the affordable housing density bonus agreement that we have to
meet; however, with that being said, I will say the majority of this
project, just the way trends are going, will be 50 percent and up with
most of them being between about 60 to 80 percent.
October 23, 2018
Page 38
COMMISSIONER McDANIEL: Okay. And if you would,
sometime when we aren't going anywhere or talking about anything,
give us a breakdown as to how it actually ended up from a percentage
basis, because I know you document all those things and that's --
MR. KOULOHERAS: Absolutely. Be happy to do that.
COMMISSIONER McDANIEL: -- a really good thing for us to
know as we're trying to develop a housing plan for the entire
community and making moves with regard to the availability and
housing affordability.
MR. KOULOHERAS: Absolutely.
COMMISSIONER McDANIEL: My comments are with regard
to this, and the speakers that spoke earlier with regard to Habitat at
large are discussions you and I have been having since I became a
commissioner, and they largely revolve around past indiscretions and
lack of your incapacity to enforce deed restrictions or covenants with
regard to conditions of home, landscaping, parking, so on and so forth.
I would, as Commissioner Fiala has said out loud, I am saying it
out loud, I know with your projects, with your communities, you've got
that teeth, as you called it earlier, intertwined between the HOA and
the deed restrictions and your mortgage documents to allow you to
have that teeth.
They don't in those old documents, in those old communities,
older communities. I don't want to call them old, but ones that have
already come before don't really have that. And unless you find a
capacity within your existing document and mortgages, they can't force
the homeowner who's already under an agreement with them to do
anything different than what they already have.
I would suggest that you, if you haven't already, review those
mortgage documents, find out if you can actually assert that
compliance. A large issue that folks have with Habitat is the condition
of the home after you go away and the impact that it has onto a
October 23, 2018
Page 39
neighborhood. And it's not really -- some of the older communities
that Habitat has have issues with regard to condition and the like, but a
lot of -- a lot of issues are on spot housing that happens throughout the
community, throughout the community.
So I highly recommend that you put that initiative forward. You
and I've had this discussion in private before. I'm saying it out loud.
We're very aware. And if you can, as you're going through, even with
ones that you already have documentation to, implement some
additional assistance to help the community out.
MR. KOULOHERAS: Thank you. And point well taken and
very much received. And I'd be happy to follow up with each one of
the commission members to tell you the actions and the game plan
we've already started to try to put in place to address some of those
concerns we've heard.
COMMISSIONER McDANIEL: Thank you.
MR. KOULOHERAS: Thank you.
COMMISSIONER McDANIEL: That's it.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I've been very impressed with what Habitat for Humanity has
done over the years. My son Jonathan spends a lot of time working
with Habitat. He's one of the kids that swings a hammer when -- I
think on a monthly basis.
I am concerned a little bit about the testimony today concerning
Trail Ridge, and I don't know if there's any effort on your part to take a
look at that community and see what you can do to correct any of the
deficiencies there, so that's a question first, and then I have another
comment, Mr. Chairman.
MR. KOULOHERAS: Be happy to answer that question,
Commissioner. As of today within the Trail Ridge community, these
are the efforts we've taken. And it's not the end of the efforts, but we
October 23, 2018
Page 40
have sat down with their HOA, started to -- their HOA and the
management company to start going over revisions to the HOA
documents that we're trying to help push through. We've recently gone
through and have resurfaced all the roadways. We've recently gone
through and replaced every single mailbox within the community
because they were looking run down. We've gone through, added new
landscaping within the medians and between the sidewalk and the
road.
We've also done -- this year within our operating budget have set
aside funds to go back and help assist communities that we
realize -- you know, since Lisa and I took the helm of the ship, we've
gone back and studied our communities and listened to these
comments and realize some of the things we've made mistakes on in
the past through planning, through management, whatever it may be.
And so those are the steps we've taken specifically at Trail Ridge to
date. I'm sorry, there's actually one more. We worked with the county
to have a wonderful cleanup day where the county came out with code
enforcement, the Sheriff's Department, they made hot dogs, we talked
to neighbors and community members, went through every single yard
to make sure, if there were any issues, that we tried to start addressing
those issues.
So we've taken steps, but we're not done yet.
COMMISSIONER SAUNDERS: There was some conversation
about overgrown weeds and that sort of thing. Is that the sort of thing
that you're taking care of?
MR. KOULOHERAS: Certainly so, within those communities, it
was never the intention to have the irrigation system, the
common -- the maintenance by a third party. I mean, Trail Ridge went
through the process, I believe, in 2004. And so we're trying to work
with the community to address the yard-specific issues. We've actually
already hired an engineering firm to look at parking issues to see if we
October 23, 2018
Page 41
can do an amendment to the PUD to add those additional parking
spots.
Those are very costly and major projects that we're trying to work
on, but the ones I mentioned were kind of the quick reaction type of
stuff that we know we could just do right away. But we are working
on some of the other items.
So are there weeds in the yards? Yes. There's some yards that
aren't yards, to be honest with you, but we're trying to work all those
kinks out to the best we can. And, once again, as Commissioner
McDaniel said, technically, I mean, they're their own HOA. Habitat
for Humanity can come in and say what it wants to say, but without
that type of teeth in the documents that we have now, then, they're
inviting us in because of the relationship we have with them. You
know, there's nothing legally that says we're invited in with the
exception of we're their mortgage company, so...
COMMISSIONER SAUNDERS: Mr. Chairman, I don't know if
we'll get five votes to approve this today, but I'll make a motion to
approve it, and then we'll see how that goes. I think, Commissioner
Fiala, I think you seem to be pretty satisfied with this particular --
COMMISSIONER FIALA: Yeah. I have a couple more things
to say, but I am.
COMMISSIONER SAUNDERS: So I'll make the motion to
approve.
CHAIRMAN SOLIS: There's a motion. Is there a second?
COMMISSIONER TAYLOR: Do you want to second it,
Commissioner Fiala?
COMMISSIONER FIALA: Nope.
COMMISSIONER TAYLOR: I'll second it.
MR. OCHS: Mr. Chairman, is that for both items, sir, the
companion --
COMMISSIONER SAUNDERS: Yes.
October 23, 2018
Page 42
MR. OCHS: -- and 9A?
CHAIRMAN SOLIS: There's a motion and a second. Further
discussion? Commissioner Fiala.
COMMISSIONER FIALA: Thank you.
So, Nick, thank you again. It's been nice talking to you. It's been
nice working with you. I appreciate that.
A couple more things. We talked -- Commissioner Saunders
talked about Trail Ridge. That is -- that needs a lot of work, as you
well know. We pulled out about 10 tons of debris, and we only
touched the surface. There's a lot of code violations in there: People
building new things out of their house; adding rooms; converting their
garages; adding kitchens in the back, and so forth.
Our Code Enforcement did nothing about that. They didn't cite
them, nothing. Do you want us to go in and cite the people? Would
that make it easier for you? I mean, we can ask Code Enforcement to
do that.
MR. KOULOHERAS: Well, thank you for that, that offer. Right
now we're working really close with Code Enforcement to try to help
identify the issues and to work together. We're working, actually, in
collaboration with Code Enforcement and the Sheriff's Department to
see the best way to approach and attack it. I hate to use the word
"strategically," but the most strategic to get the best effort.
COMMISSIONER FIALA: There's kind of a push right now,
because they only have one more year, and then their 15 years are up,
right? And so if you go over to Victoria Falls, man, that's bad. I mean,
I'm sorry to say it just so plainly, but it's a slum. And I'm afraid that
Trail Ridge will go that way unless we catch it, nip it in the bud right
now, and get it cleaned up, because the other ones are looking better.
And I would like you to do that before our time is up with those
people.
MR. KOULOHERAS: Certainly. You have my word I'll work as
October 23, 2018
Page 43
hard and as fast with your departments and within Habitat, what it has
privilege to do, and we're going to -- we're going to attack it, yeah.
Like I said, we've already made a decent investment into that
community recently, and we're going to continue hitting it hard.
COMMISSIONER FIALA: Great, yeah.
MR. KOULOHERAS: I understand.
CHAIRMAN SOLIS: Thank you. And I would just like to
commend Nick and Habitat for the work they did with the adjoining
property owners. I mean, to get emails and have speakers come and
speak about the willingness to work through the issues, I think, signals
a new era in how these things are moving forward. So thank you for
doing that. I think that means a lot, obviously, to the adjoining owners.
COMMISSIONER FIALA: And they're even building an 8-foot
wall, so that's a lot, too.
CHAIRMAN SOLIS: Right. I mean, the wall, the way that the
preserve is, I think it's a great example as to how a landowner can work
with the adjoining property owners to come up with the best fit for
everyone, not only the owner.
So with that said, there is a -- oh, one other thing. And,
Commissioner Fiala, you had said something that -- I didn't mean to
interrupt you, but I found it kind of shocking. You mentioned that Mr.
Strain was at a speaking engagement and said that the building's going
crazy in East Naples. Was that a quote?
COMMISSIONER FIALA: Yeah. Well, let me say, well --
CHAIRMAN SOLIS: I find that inappropriate.
COMMISSIONER FIALA: Well, that's what he said.
CHAIRMAN SOLIS: Okay.
COMMISSIONER FIALA: But he was talking -- he was
saying --
CHAIRMAN SOLIS: He's our Hearing Examiner.
COMMISSIONER FIALA: I know, but he was saying it
October 23, 2018
Page 44
enthusiastically. He knows what's been approved already and so forth,
and he was saying building is going -- but he was naming the gas
stations and the storage units, 13 big three-story storage units are going
in, right? And gas stations. We've got a few more coming.
Everybody on the north end of town will have to come down here and
buy their gasoline. I don't think they're building any up there.
And that's what he was referring to. And I just pointed out to
him, I said, the thing is, those don't draw businesses. They don't draw
restaurants. They don't draw some of the other -- but we don't have
any real stores or anything there. And the restaurants have
been -- have told us that they wouldn't go into an area where all the
poor live because nobody will go out to eat anyway.
Well, it's not that there's only poor living here, for goodness sake.
And I've tried to say that. I've put it in letters and so forth, but that's
what they say. Mark did not say that, by the way. This is what I've
heard from restaurants.
So we'd love to see somebody come in. And that would give us
jobs. Right now -- you know, you don't have many jobs in a storage
unit, one or two --
CHAIRMAN SOLIS: Okay.
COMMISSIONER FIALA: -- you know, and so -- there's no
hiring going on in these places.
But thank you for asking that. No, Mark wasn't -- he was
just -- he has all the things that are already being -- have been
approved.
CHAIRMAN SOLIS: Okay. Again, I would just like to
commend you on the work you've done with the neighbors. It's -- this
is the way it should work, and it makes these kinds of meetings go a
little smoother.
So there's a motion and a second to approve both 9A and the
companion item. All in favor, say aye.
October 23, 2018
Page 45
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 unanimous.
MR. KOULOHERAS: Thank you.
CHAIRMAN SOLIS: Congratulations.
MR. KOULOHERAS: Thank you for your time, and I'll look
forward to sharing results. Thank you.
MR. OCHS: Commissioners, that takes us to our 10 a.m.
time-certain hearing.
COMMISSIONER McDANIEL: Right on time.
MR. OCHS: Yes, sir.
Item #11D
RECOMMENDATION TO ACCEPT AN UPDATE ON SEA-
LEVEL RISE PLANNING ACTIVITIES AND PROVIDE
DIRECTION ON FUTURE ACTIONS – MOTION TO ACCEPT
THE REPORT – APPROVED
This is Item 11D. It's a recommendation to accept an update on
sea level rise planning activities and provide direction to staff on future
actions.
Ms. Amy Patterson, your director of capital project planning, will
make the presentation, or begin the presentation.
COMMISSIONER McDANIEL: County Manager, can you get
an extension for Commissioner Fiala so she can reach her screen.
October 23, 2018
Page 46
COMMISSIONER FIALA: He just means an extension to my
arms because they're short.
MR. OCHS: Yes, ma'am.
MS. PATTERSON: Good morning, Commissioners, Amy
Patterson, for the record, director of Capital Project Planning.
I'm here today to give you an update on our sea level rise
planning activities. In light of recent weather events, continuing
conversations on the Antarctic ice melts, and a new report from the
IPCC, which is the Intergovernmental Panel on Climate Change,
related to potential environmental and economic effects of continuing
climate change and greenhouse gas emissions, we would like to thank
you for this opportunity to provide this update.
I'm pleased to be joined by Dr. Savarese from Florida Gulf Coast
University, and we'll be co-presenting a brief slide show.
As you know, we're in the process of a three-year NOAA grant
project. It is being run by Dr. Savarese and Dr. Shang and their
esteemed associates from their respective educational entities.
We have completed year one and are moving into year two. We
have a collaborative working group of end users and have broad
support and participation from natural resource managers, local
governmental agencies, including some of you, state and federal
agencies, and elected officials. In fact, the process and the project is
supported by Congressman Rooney.
Speaking of congressional support, federal legislative support's
essential to this process. Congressman Francis Rooney's a member of
the NOAA project end user team, as I just said. He also joined
recently the bipartisan climate solutions caucus. He's introduced a
House resolution related to sea level rise and flooding specifically
related to Florida and the need for protective measures, and he
supports the efforts to explore the establishment of a Southwest Florida
regional compact similar to that that they have on the east coast, which
October 23, 2018
Page 47
Dr. Savarese is going to talk about in just a couple minutes.
Locally, we've been working on our Floodplain Management Plan
rate of rise. Last year we were in front of you to discuss that. An error
in the rate of rise had been identified. This is the only number that is
currently adopted for use for Capital Project Planning and other
purposes related to sea level rise. We presented numbers to you and,
for consistency with the ongoing NOAA study, we are utilizing a rate
of 1.5 feet by 2060. It sets a minimum standard for Capital Project
Planning.
But, for example, the newest weirs for stormwater management
purposes are utilizing a level of two feet for sea level rise purposes.
So, as I said, this sets a minimum threshold. It's being utilized in
transportation projects, and we'll continue to move through the process
to adopt this number as part of the Floodplain Management Plan;
however, this is a changing and evolving science, so staff continues to
monitor the newest information that becomes available. And we are
expecting new projections to be published in 2019 after IPCC
convenes. And, obviously, we'll be back in front of you for any
needed updates or information related to that.
This is just a graphic of the various rates of rise. You'll see this in
various forms anytime you're looking at sea level rise projections, and
you can see the difference looking at the 2015 Floodplain Management
Plan, which is -- the number with the error is the green line, and the
number that we're proposing to use corrected is the bluish-purple line.
So you can see that there's a pretty significant difference between those
two.
Beach and coastal resilience, my colleague, Mr. McAlpin has
been in front of you several times presenting his plan for some major
long-term engineering and construction projects to provide higher and
wider beaches, enhance dunes and plantings, seawalls and other
hardened protective structures, and this effort is being closely
October 23, 2018
Page 48
coordinated with the ongoing NOAA study and will be an element that
is moved into the future vulnerability assessment and adaptation
planning.
I'm going to turn it over now to Dr. Savarese. He's going to talk to
you about some initiatives going forward with the business
community.
DR. SAVARESE: Good morning, Commissioners.
The NOAA project and, as it enters its second year, is beginning
to host a series of forums that bring various groups together, special
interest groups, to discuss their relative concerns related to sea level
rise and storms.
This October and again early in 2019 we'll be hosting a number of
business stakeholder workshops. We have two planned for October
29th and 30th, which will involve real estate development
professionals, and a second that will involve hotel, health, and
education communities.
These forums really serve two purposes. The first is to do what I
would argue is similar to a SWAN analysis; having these sectors talk
about strengths, weakness, opportunities, and threats to their respective
sectors of the economy relative to increased storminess and sea level
rise. So it gives those stakeholders a chance to talk about their
concerns and their worries about the future.
Second, those forums are also intended to have those sectors
identify their assets, the things of value to that particular business
sector, as we move forward into the future. Those concerns will be
addressed by the NOAA project. The assets will be mapped on top of
the simulations that are being done by the NOAA project to give
Collier County a sense as to how those assets will be affected in the
future as sea level rise and storms continue to affect us.
Early in 2019 we'll have a series of four more focused forums for
the four sectors of the business community that you can see up there.
October 23, 2018
Page 49
One for agribusiness, one for education and healthcare, one for real
estate, and one for tourism. The purpose of these forums in early 2019
is to really get down in the weeds, so to speak, and specifically identify
what those assets are as we move forward in the future.
And I believe I'm passing it back over to Amy.
MS. PATTERSON: The vulnerability assessment is the next step
in looking at who, where, and what we need to do. This will set the
foundation for our future adaptation planning. And I'm going to stress
with these next two things, this one and the next that I speak about, this
isn't a Collier County Government initiative alone. This will bring in
the cities as stakeholders as well, as well as our other state and federal
partners to be sure that we are covering all of the issues and that we
have a broad perspective on them.
So this is -- the vulnerability assessment, as I said, sets the
foundation for the adaptation planning, and we are going to be working
on this through the NOAA study process.
Adaptation planning, we have an estimated date for solicitation
through RFP in the spring of 2019. As I said, we are looking to work
directly with our cities on the development of a scope for this planning
study. It will build off of the vulnerability assessment. The goal is to
utilize the tools and findings from the NOAA study. And it provides
strategies related to and not limited to Comprehensive Planning, the
Land Development Code, laws and ordinances, infrastructure planning,
financial, and economic modeling, but also public input, which it is
essential in this process that we get out and we talk with the public
about their issues, the business communities about their issues, so that
their input can be part of this process.
And, lastly, I'm going to turn it back to Dr. Savarese to talk about
the South Florida Regional Compact.
DR. SAVARESE: Amy and I used to be paired in professional
wrestling tagging each other off.
October 23, 2018
Page 50
Anyway, the last piece of this is just to let you know that Collier
County is actually reaching out to its neighbors to the north. I don't
know if you're familiar with the compact process, but the idea is if you
bring municipalities and counties together, local government together
in these compacts or coalitions, you increase your efficiency, your
ability to deal with problems, your competitiveness to qualify for
outside funding to support community needs.
The Southeast Florida region has a compact that's been going
strong now for 10 years. That involves four counties and over 100
municipalities. The Tampa Bay area is now about to enter a compact.
And the time is ripe, frankly, for the Southwest Florida community to
enter one of these regional compacts.
Florida Gulf Coast University hosted a forum in late September,
September 27th, to begin a conversation with commissioners, mayors,
city and county managers from Charlotte County and Lee County
partially hosted by Collier County in what the county is doing here,
and there seemed to be a consensus support for moving forward with a
particular type of compact.
So we hope that as we move forward and as Collier continues to
deal with its own vulnerability and adaptation issues, that Collier will
serve as a model and will bridge to those counties and municipalities to
the north and view this as an integrated region.
Thank you.
MS. PATTERSON: That concludes our presentation. If you
have any questions, Dr. Savarese and I are here to answer.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: Just a quick question about
what is happening out of Tallahassee. Obviously "climate change" and
"sea level rise" have been phrases or words that have not come out of
Tallahassee for the last six or eight years. Is there anything at all on
the horizon coming out of the state legislature or out of state
October 23, 2018
Page 51
government dealing with sea level rise and dealing with the issues that
counties and cities across the state are dealing with?
MS. PATTERSON: As of last legislative session, I am unaware
of any; however, we will coordinate with John Mullens to keep our eye
on those, as we do every year. Dr. Savarese may have a better handle
on what's going on as far as proposed legislation, or maybe not. It's
something, obviously, that is changing and particularly with our local
congressman signing on to the caucus on climate change and things,
maybe that focus is shifting. I really don't have an answer to that.
DR. SAVARESE: Yeah. I guess the only thing I would add is I
don't -- I don't -- it's hard for me to keep track of what's happening in
Tallahassee. It's kind of outside of my job description.
But one of the motivations, as Amy just mentioned, for bringing
in Congressman Rooney is to let the local community and the state and
the federal government realize that this is something that the regional
governments are interested in and worried about. And so I hope it
sends an encouraging message to the state and the federal government.
Having this participation by Francis Rooney and this climate
solutions caucus, which now is 90 members strong out of a house of
434 members, is also a positive sign. So I think there's more people
within Congress that are paying attention to this.
And, frankly, I don't think Collier County or any local region has
time to wait for federal and state action and, in many ways, that's why
a compact makes sense. That's why this Collier County effort makes
sense. It gives this community and communities near us a leg up.
COMMISSIONER SAUNDERS: One other comment. And our
Collier County legislative delegation will be meeting, I believe, in
December; is that correct? And it may be worthwhile to get on their
agenda. I'm not suggesting necessarily that you get on the agenda, but
to our staff, to get on their agenda to make a presentation similar to
this. Obviously, you don't have as much time. And maybe our local
October 23, 2018
Page 52
delegation will start picking up on this issue. It's time -- it's past time
for the Florida legislature to get involved.
MS. PATTERSON: Certainly.
DR. SAVARESE: Let's do it. Any way the NOAA project or I
can help, just let me know.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I have some concerns
with regard to this executive summary at large.
On No. 3 -- and it was part of your presentation as well, and the
error that was discovered and the correction of the 2060 estimate of 1.5
feet rise has -- have we done any model -- and, by the way, Dr.
Savarese, I applaud you for your efforts and what you're doing. I
mean, these are all things that we need to be aware of and cognizant of.
But have we done any modeling with regard to the finding and
the correction that's proposed there with regard to the 2060 rise? Has
that been done?
MS. PATTERSON: So we made -- we had a lot of work done in
advance of proposing that 1.5 feet of rise through modeling and an
additional study. It was presented to the Board approximately this
time last year. It is also the number that will be utilized as part of the
NOAA study, so they're building their model on that as well.
The only purpose this number serves right now is to set a baseline
for our capital projects to ensure that we're looking at them and doing
the proper planning into the future for those things that have an
extended useful life. This has no impact on the Land Development
Code or any development standards or anything else other than capital
projects at this time.
COMMISSIONER McDANIEL: Okay. And that's
where -- because I don't recall -- I remember you showing us a map
and that, but I don't recall it actually being delineated that an error had
occurred or they had found an error, and this was the corrected one, so
October 23, 2018
Page 53
that was kind of new news to me.
On No. 4 of the executive summary, I would just like to say out
loud there are a lot of things going on around the world with regard to
offshore structures, breakwaters and the like. I know, Mr. McAlpin,
you and I have talked about it, but I would like to say it out loud that I
would like for us to be utilizing looking into the international
community to find out what's been done in other areas. We're not the
only one that has a coast that is subject to tidal surge and sea level rise
at large. And I want to make sure that we're exploring all alternatives
as we move forward.
MS. PATTERSON: Mr. McAlpin is committed to looking at all
alternatives and all solutions to protect the beaches.
COMMISSIONER McDANIEL: I am cautious of the
proposition with regard to this executive summary. If you're asking me
to agree to allow you to go out for an RFP to spend money to hire a
consultant, then I'm not in favor of that with regard to No. 7. My actual
note that I had when I was reading through here was that this portion
of the executive summary I felt was premature. Until Dr. Savarese has
completed his study and community outreach, in fact, is done, I'm not
interested in going out to spend any of our money with regard to that
planning effort.
MS. PATTERSON: There is no funding currently identified for
the RFP. Our intent it to work through a scope and then return to the
Board and advise you of our plan forward including any associated
costs.
COMMISSIONER McDANIEL: Okay. Just so you know where
I'm --
MS. PATTERSON: Understand.
COMMISSIONER McDANIEL: -- sitting on this.
MS. PATTERSON: Certainly.
COMMISSIONER McDANIEL: And then the last, with regard
October 23, 2018
Page 54
to the compact -- and this is something Dr. Savarese -- I really would
suggest that before we go out and form another bureaucracy, a
coalition, I've actually been talking to the executive director of our
planning council, RPC, for two years and asked to put together a
consortium of elected officials up and down the west coast of Florida.
We all have similar circumstances with regard to sea level rise, beach
renourishment, beach resiliency, and the like, and I would recommend
that before we jump out and form another compact, that we explore the
RPC, the Regional Planning Council, forgive me for the acronym. Mr.
Chairman, we live in an acronym-free zone, correct?
CHAIRMAN SOLIS: AFZ.
COMMISSIONER McDANIEL: AFZ.
COMMISSIONER FIALA: Good one.
COMMISSIONER McDANIEL: So with that in mind, I highly
recommend before we and -- we can use the other compacts that are
already in existence as a model, but we've got an organization that
we're already contributing tax dollars to for its support and
information, and bringing that organization -- it has been moved
largely to an information organization. There's no approvals that are
coming through. We are regionally planning what's going on in
growth and development throughout all of Southwest Florida.
So before -- and I know that compact was a portion of your -- of
what you got to talk about, but I would highly recommend that we
explore the RPC before we jump onto another one.
DR. SAVARESE: Yeah. There's no presumption of how this
compact might be arranged or organized. It's really just the start of a
conversation. In some ways, the most important step was to have
buy-in from the other counties and the other municipalities outside of
Collier County, and at least the forum that was hosted on September
27th, I think, provided an answer to that first step. There's an interest
there. How the compact takes size or shape is entirely up to the group
October 23, 2018
Page 55
that's going to be affected by it, so...
I would also say that the Regional Planning Council in Southeast
Florida was essentially the group that crafted the compact in Southeast
Florida. So there's a history of regional planning councils being
involved.
COMMISSIONER McDANIEL: I've had conversations with the
mayor of Sarasota and county managers of Sarasota and Lee and
Charlotte County about the commonality of our beach-renourishment
and beach-resiliency issues, had discussion, and there are some
blockades, just to say the truth with regard to it, Sunshine Law, and
having to have advertised meetings for us to get together and have
discussions with regard to these commonalities.
But I think those things can be worked through with the evolution
that the RPC is, in fact, going through. And I'm in absolute support of
it. But the suggestion was, before we jump out and form another
compact, that we maybe try to utilize that organization as the basis of
that. And to hear that the East Coast's RPC, that's how it came
together, I think that's a great idea.
DR. SAVARESE: Okay. Thanks.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Thanks. Two questions.
First of all, does fracking affect the sea level rise in any way? I
read someplace -- and I don't know -- it was in the newspaper, actually,
they were talking about fracking. And I don't know if that's true or not,
but does -- can it affect sea level rise?
DR. SAVARESE: Fracking provides access to fossil fuels that
would be more expensive to extract in other ways. So the only way
that fracking would influence sea level rise would be in the indirect
way of using additional cheaper fossil fuels that are burned that are
increasing the warming effect on the planet.
So, you know, one thing that -- the efforts we've been talking
October 23, 2018
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about here for Collier County, we've been talking about adaptation to
changes in climate to sea level rise and storminess. All of those
processes are driven by the warming of the planet.
So, in effect, an additional step beyond what we're talking about
here is to mitigate the effects of climate change and warming by
changing our carbon use practices.
So to come back to your original question, fracking use produces
cheaper sources of fossil fuels, and the burning of those fossil fuels are
contributing to the warming of the planet. So in that way, it's an
indirect effect. But whether or not -- whether the removal or the
fracturing -- I suppose the fracturing of rock, bedrock below the
surface, could increase the permeability of that bedrock to saltwater as
sea level continues to rise. So there's an -- there's a possible effect
there as well. Hopefully that makes sense to you.
COMMISSIONER FIALA: Thank you. That helps me, because
I couldn't figure out what they were saying. So you helped me to
understand a little bit.
My second question is, and it's really for Amy, what are we doing
here in Collier County? I mean, you talked about how we're all
preparing, but could you give us facts? What -- how are we preparing
for it? I mean, are we making people build their hotels farther away
from the coastal high-hazard zone?
MS. PATTERSON: Not at this point, other than your existing
regulations and to the extent that they already have those protective
measures incorporated in. But directly related to these types of sea
level rise initiatives, that's what these planning studies will do. They'll
tell us where we're vulnerable and tell us our options for changing that,
and there's different ways: Hardening, selective retreat. I mean, there's
all different strategies being implemented all over the United States.
So those are the things that we need to do is figure out where our
weaknesses are, and then what are our options to deal with it. So the
October 23, 2018
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adaptation and vulnerability assessments are a vehicle forward to work
with our partners, the City of Naples, City of Marco, City of
Everglades, and find our way forward.
What we are doing currently is looking at all of our infrastructure
projects to see those that have any kind of vulnerability to sea level
rise, look at their useful life and see what makes sense to implement as
far as protective measures. As I gave the example of the weir; that
we've built an accommodation for two feet of rise in our newest weir
structures. Those are things that we can do immediately. The others
are longer term and require not only study but also public input to see
where the community wants to go.
COMMISSIONER FIALA: So if I were wealthy enough to build
myself a $10 million home on the Gulf of Mexico, is there some kind
of a pamphlet that tells me I have to build two feet back or something
like that so that at least you can give people the suggestion, as long as
they're building something new, to build in a safer location, even if it's
just a couple feet?
MS. PATTERSON: We do not have tools like that to provide
additional, say, incentivization at this time, but what we do have are
our existing codes and laws which are good, as we saw after Irma how
well we withstood that type of impact from a very powerful storm.
But your suggestion is a good one. For the purpose of educating
the public, for us to work on those types of adaptation strategies is an
excellent idea as we work through these processes to be able to offer
suggestions to the public should they want to do a little bit more.
And I am sure that our staff in the Building Department and those
areas of North Horseshoe obviously can provide input on those things
now. But to provide educational material would be excellent.
Actually, we'll write that down as something that we can look at as part
of these processes.
COMMISSIONER FIALA: Good. As soon as I have my first 10
October 23, 2018
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million, I'll contact you for a list.
MS. PATTERSON: Okay. Excellent.
DR. SAVARESE: Commissioner Fiala, could I give you an
example of -- in an answer to your first question about tangible results
of the work?
COMMISSIONER FIALA: Yes.
DR. SAVARESE: So here's a good one, and it's one that I
believe I voiced here to the Board last year when Gary McAlpin was
here talking about the dune and beach partial-penny-tax improvement.
You want to know where to invest dollars in fortifying dunes,
right? The dunes are protecting everything inboard of those dunes:
The businesses, properties, the infrastructure of the city behind it, and
you're trying to decide where to fortify the dunes, where to make them
taller, where to make them girthier.
The way this process works is the NOAA study will tell the
county and the city where the vulnerable dunes are. Where are the
dunes most likely to be harmed in a future storm with the exacerbating
effects of sea level rise? That vulnerability study then allows an
adaptation planner, presumably Gary McAlpin would be part of that
adaptation planning team, to develop a plan for where to invest those
dollars to fortify the dunes. And then, of course, the last step is
implementing those plans, actually investing the dollars into improving
the dunes where the dune fortification is needed.
So it's a complicated process, but it's intended to be an efficient
process so that hopefully dollars are spent in the most efficient way,
and it's also a community-engaged process to make sure that, you
know, the people that are living behind the dunes know what's going
on and they recognize --
COMMISSIONER FIALA: Thank you.
DR. SAVARESE: And, again, the applications of this kind of
process are enumerable. There's a thousand ways in which this
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Page 59
vulnerability to adaptation will hopefully help the county. So thanks.
CHAIRMAN SOLIS: Is that all?
COMMISSIONER FIALA: That's it, yes.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: Just briefly.
In 2014 I was elected to the County Commission, and at that time
we didn't talk about sea level rise. And this most extraordinary gift we
get, which was a grant from NOAA -- and the gift came from the
scientists who decided to look at Collier County, only Collier County,
in a granular way. They could have chosen any other county. They
chose us. And there's a million dollars with two scientists studying
Collier County for three years.
And so I think we're very, very lucky to have this. I think this is
going to be a prototype for other counties, and I'd like to make a
motion to accept this report as noted on our agenda.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN SOLIS: There's a motion and a second. 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: It's accepted.
Thank you very much for a great presentation.
COMMISSIONER FIALA: Good presentation.
CHAIRMAN SOLIS: And now we need a quick break for our
October 23, 2018
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court reporter. So we will return at 10:55.
MR. OCHS: Just to remind the Board we have an 11 o'clock
time-certain, so you want to take 15, or do you want to come back and
try to jam --
CHAIRMAN SOLIS: Well, we'll just come back at 11. That's
fine. Unless we're going to squeeze something in. We'll be back at 11
o'clock.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, please take your seats.
Thank you very much.
Mr. Chairman, you have a live mic.
CHAIRMAN SOLIS: We're onto 11A, our time-certain.
Item #11A
RECOMMENDATION TO APPROVE PROPOSED COLLIER
COUNTY STATE AND FEDERAL LEGISLATIVE AND
ADMINISTRATIVE PRIORITIES FOR 2019 – MOTION TO
ADOPT ALL RESOLUTIONS AND INCLUDE WATER
PROJECTS AND MENTAL HEALTH PROJECTS – ADOPTED:
RESOLUTION 2018-193: CITY OF NAPLES/NAPLES BAY RED
TIDE SEPTIC TANK – ADOPTED; RESOLUTION 2018-194:
EVERGLADES CITY/WASTEWATER BYPASS PLANT –
ADOPTED; RESOLUTION 2018-195: SWFREC/UF/IFAS/
EDUCATION CENTER – ADOPTED
MR. OCHS: This is our time-certain, 11 a.m. time-certain
hearing. It's a recommendation to approve the proposed Collier
County state and federal legislative and administrative priorities for
2019 and to adopt the attached resolutions thereof.
Mr. John Mullins, your government affairs manager, will make
October 23, 2018
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the presentation.
MR. MULLINS: Good morning, Commissioners. For the record,
John Mullins, government affairs manager.
And it's that time of year again when you consider the legislative
and administrative priorities for the next cycle.
But before we get to that document, we're honored to have our
federal and state lobbying teams represented here today to talk about
their prospective political landscapes and the shape of things to come.
That will be followed by a quick review of the sections of the priorities
document, reserving the bulk of the time for your questions.
Now, first up, we have our state lobbyist. And I know you're used
to seeing Lisa here for this. She successfully name dropped her way
out of this morning's presentation. That name was Bill Gates. So just
FYI, it was a valid excuse.
But we're pleased to have her colleague, Tom Griffin who,
himself, has a strong appropriations background and was formally
chief of staff for Senator Rob Bradley, who is the current senate
appropriations chair and, given some of the things that we have on our
priorities list this year, my new favorite legislator.
So Tom will come and give the state perspective.
Tom.
MR. GRIFFIN: Good morning. Tom Griffin with Smith, Bryan,
and Myers. And thank you-all for letting me fill in for Lisa today.
She's sorry to miss you today.
And would love to give you just a brief update, a high-level
update on what's going on in Tallahassee as we approach November
6th in particular and take any questions that you may have.
As you know, we are two weeks out from our November 6th
election date where we will see a new governor in office. In addition
to that, the four cabinet positions are also up for election.
The governor's race currently, as you well know, is very tight
October 23, 2018
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between Andrew Gillum and Ron DeSantis. We are watching that
closely and expect to, obviously, have a result on November 6th.
Either way, we will see a significant transition within the
administration. We should expect to see high-level staffing changes
regardless of whether the Republican or the Democrat is elected. And
so we will keep you apprised of those changes as they relate to the
county and affect the county, and we're prepared for that as they
transition out.
We also expect, potentially, to see some of the other cabinet
positions flip. It's currently Republican controlled, but there is the
potential that we could see some party shift in any number of those
races in particular, too, that are probably particularly close and could
potentially flip to a Democratic seat.
We also will see a change in House and Senate leadership. We'll
see new presiding officers come in. President Galvano will come in
for a two-year term in the Senate, and Speaker Oliva in the House, and
so we should see their priority positions flesh out in the coming
months.
We do expect to see them revisit the Marjory Stoneman Douglas
bill. We expect then to deal with matters related to Medicare
marijuana, obviously dealing with relief efforts having to do with
Hurricane Michael as well as significant reforms to the healthcare
industry. We have also heard both chambers discuss ways to mitigate
both red tide as well as blue/green algae issues that you-all know the
state faces currently.
We have an organizational session scheduled for November 2nd.
Galvano and -- so president -- Designate Galvano and Speaker
Designate Oliva will formally take over their positions. We expect to
see good cooperation at least going into this legislative session
between the two chambers. They have both signaled that they intend
to dial down rhetoric and dial up cooperation between the chambers.
October 23, 2018
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And so we hope to see that continue.
The state is projected to have a modest $233 million surplus next
year when they begin to build their budget. Obviously, relief efforts
related to Michael will significantly impact that, and we will have a
better sense of how that impacts the surplus as we move forward into
this legislative session.
Finally, with regard to local government issues, obviously the last
two years we've seen significant animosity towards local governments.
We expect to see much of that dialed down. While we had a
particularly difficult two years under previous leadership, our hope is
that under the incoming leadership in the House and the Senate that we
don't see quite the level of animosity that local governments have seen
over the last two years.
Finally, with regard to your local delegation, you'll have many
returning, obviously. Representatives Rommel and Donalds, as well as
Senator Passidomo as, you know, Carlos Trujillo's seat is up for
replacement, and that -- his likely replacement will be Anna Maria
Rodriguez. So we will continue to keep you updated on that.
And that concludes my presentation, if there are any questions.
CHAIRMAN SOLIS: Questions?
(No response.)
CHAIRMAN SOLIS: Commissioner --
COMMISSIONER TAYLOR: It's not working. There it is.
CHAIRMAN SOLIS: Oh, there it is. Commissioner Saunders.
COMMISSIONER SAUNDERS: I'm not sure if this is a
question or just kind of a thought I could get your thought on.
We always talk about there's going to be a surplus. I think you
said a surplus of a couple hundred million dollars. I don't know why
anybody uses the term "surplus." Isn't that just a little bit more money
than we had last year? But it's not really a surplus when you look at
the needs of the state.
October 23, 2018
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I'm wondering why they use that term as opposed to just simply
saying we're going to have a little bit more money this year than we
had last year.
MR. GRIFFIN: Sure. Yeah, I think that's, you know, obviously,
where they enter into with budget negotiations. And as you
mentioned, there are significant needs that the state has. In particular,
you know, this year now having had the hurricane and the relief efforts
that will come from that. We'll just have to see, you know, where that
additional money for this year goes.
COMMISSIONER SAUNDERS: Well, hopefully some of it will
come here. That will be your job.
MR. GRIFFIN: Yes, sir.
CHAIRMAN SOLIS: Any other questions?
(No response.)
CHAIRMAN SOLIS: Thank you.
MR. GRIFFIN: Thank you.
CHAIRMAN SOLIS: Please tell my friend Matt Bryant I said
hello.
MR. MULLINS: My wife's definition of surplus is when I
exceed what is necessary to pay the bills at the end of the month. She
declares a surplus and then appropriates it to herself. If we're going to
make a definition, that's probably what we should follow.
COMMISSIONER McDANIEL: Pass that on to Tallahassee.
MR. MULLINS: Will do.
Next up, you-all should know our dynamic duo from D.C.,
Amanda Wood and Omar Franco. You don't find a better tag team and
issue wrestling at the federal level.
Their legislative and administrative prowess provided us several
victories in the last cycle, and they can talk about those
accomplishments and their thoughts for the upcoming year.
Amanda and Omar.
October 23, 2018
Page 65
MS. WOOD: Thank you, John. Again, for the record, I'm
Amanda Wood from Pecker & Poliakoff.
MR. FRANCO: And Omar Franco.
MS. WOOD: So this is an important day for us because you give
us our marching orders for the next year. And based on your direction
last year, we really pursued a number of projects. And we're thrilled
that we had some nice accomplishments for you, including the $13
million for Immokalee through the U.S. DOT TIGER program, which
we've been working on for years. And we're just so thrilled to really
get it over the finish line this year.
And then also, I think for about the past dozen years I've been
working on federalizing your beach project. So the fact that we were
able to get past the authorization state and get that first $3 million for
the study was a huge success in our view. And we had a really nice
FEMA win recently, too.
MR. FRANCO: Yeah. We finally got the FEMA de-obligation,
the three-year limitation, so now they can't audit you like they could
interminably before. There was literally no end. I mean, Katrina
hasn't even closed out. So now, once the project is closed, moving
forward, three years. So that was a huge win.
And I want to commend the county, really, for their leadership
and putting it on their agenda, because that's what allowed us to go to
the League of Cities and NACo and other folks to really make it a
priority for them as well. So thank you.
MS. WOOD: So we're all sort of holding our breath, like you are,
for November 6th. And once we get past election day, there will be a
lame-duck section in D.C. for about a month. There are some really
important things that need to be tackled during that time. One is the
appropriations bills. We have seven out of the 12 that still need to be
passed. And a lot of you-all's priorities in terms of major funding
streams are included in those.
October 23, 2018
Page 66
Also, we need to get a permanent NFIP reauthorization. I think
there's been some nice progress in D.C. on things like FEMA
remapping. So we've been working towards that, but we do need a
permanent solution for NFIP, and these continued storms.
MR. OCHS: What is the acronym?
MS. WOOD: I'm sorry. National Flood Insurance program.
Thank you for pointing that out.
So we're, you know, working with the delegation to try to get a
permanent solution for that.
And as we worked to develop this draft federal agenda that
you-all will approve, along with John and other staff and department
heads, we've really tried to find ways where there's a real federal
nexus, so things that are a priority for you where we think that
Congress and the administration sort of share your goals.
So some of the areas where we see potentially a good deal of
movement are on water infrastructure and water quality. You-all
certainly have some significant needs in that area, so we think that
there will be resources for that in the coming year.
There's a lot of attention being paid to freight movement when it
comes to infrastructure. So we're working to frame some of your
infrastructure needs with a sort freight focus so that we'll be as
competitive as possible. We want to make sure that beach study
happens as quickly as possible so that we can then get to the funding
stage for the renourishment, not just the study.
And then, again, you know, a lot of attention to FEMA. So we'll
be trying to plug away at that, making sure that you-all are getting your
reimbursements in a timely manner, making sure that there's
continuing funding for mapping and getting rid of that backlog, and
then also the National Flood Insurance Program reauthorization.
And, you know, we -- several of you came to D.C. in the past
year, and we appreciated it so much, and we think it really has made a
October 23, 2018
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difference. So we hope that you'll come back, and we'll put you to
work there; we promise.
MR. FRANCO: Amanda's covered it all. So, please, any
questions you may have.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: Mr. Chairman, I was one of
the commissioners that did go up to Washington, D.C., back in the
spring, and I will tell you that they had a full agenda for us, and we met
with all of the key people from Senator Nelson's office, Senator Rubio,
all their -- Congressman Francis Rooney, Mario Diaz Balart; we met
with all of them. And they were very appreciative of the fact that
Collier County Commission sent folks to Washington, D.C. They
were very appreciative that we had lobbyists there that knew the
issues.
And I think it helped having us there. I think it did help move the
needle a little bit, but that wouldn't have happened without your
efforts. So thank you for what you're doing up there for us. Thank you
for coming out.
MS. WOOD: Thank you.
CHAIRMAN SOLIS: And I would echo that. I went the year
before and, right, it takes a team, and they certainly were the right team
to have representing us. So job well done. Thank you.
COMMISSIONER McDANIEL: And I was the other one that
went. And I, again, had the same experience as well. I highly
recommend, if you have an opportunity, to go.
Working with our lobbyists is -- it was a phenomenal experience,
and we really -- I think we did some really, really, really cool things,
and -- because, again, it's a process. You have to go, you have to meet,
you have to meet with regulators and the like, and it takes time. And
that's the hardest part of this job for me as a person is the time that it
takes. But it is an investment for our community at large, and I really
October 23, 2018
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appreciate your efforts.
MS. WOOD: Thank you.
MR. MULLINS: Okay. Onto the priorities document. Now, the
slides I'm going to fly through are just an outline of the detailed issues
in the document in your packet.
And again, interest of time, I just want to display the issues by
section and, at the end, let your questions lead the discussion on any
particular issue.
First up, we have the issues that require statutory change. Now,
these require writing or rewriting the law in Tallahassee or Washington
and, as of production of this presentation and the priorities document,
FEMA de-obligation, as you have heard, was on track for passage in
the FAA reauthorization bill. I could have deleted it from this list, but
I decided to leave in to chiefly extract one last drop of recognition for
our D.C. team, because that was a heavy lift.
Next would be the funding request. Now, these are funding
streams for programs of importance to Collier County that we want to
see fully funded, protected from budget raids, if not enhanced.
Now, Plantation Island Waterways and the Spay Collier Mobile
Vet Clinic are our county-led state appropriation project requests for
2019. And unless the project changes, which it could, those two
appropriations requests will require house bills and local delegation
sponsors.
Next up are the issues that require administrative action. These
issues reside in the state and federal executive agencies. Now, Robert's
Ranch and the Mar-Good Cottages require engaging the Secretary of
State to protect our placement on ranking lists and protecting their
applicable grant line items in the budget. And just to be clear, as
mentioned before, the long-awaited shore protection study has now
been funded but more action will be necessary to expedite the Army
Corps' initiation and completion of the study so we can get to work on
October 23, 2018
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bolstering our beaches. Without the continued prodding, the study
could take upwards of to three years to complete.
The next section are the resolutions of support. Now, these are
actions by the Board to support funding questions from various sources
led by some of our partners. Now, adoption of the resolutions in your
packet demonstrates that commitment and allows our lobbying teams
to advocate on behalf of Collier's interests in these endeavors.
And, lastly, our issues to monitor, the issues that we routinely
keep tabs on. And this list is not exhaustive. New issues emerge
annually by bill, amendment, rule, or other administrative action, and
we watch them all. And as I stated, last spring there were over 500
bills on our tracking list last session that could have impacted Collier
one way or another. That's about one-third of all general bills filed in
2018.
Of the 200 bills that passed the legislature, 56 had some sort of
impact or interest to Collier County. So whether it's on this list of
usual suspects or not, we'll be watching, especially this last legislative
pi±ata.
And with that, we're available for any questions and hopefully a
motion to approve the 2019 priorities and the adoption of the three
resolutions in your packet.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SOLIS: That was it? Commissioner Fiala.
COMMISSIONER FIALA: Yes.
CHAIRMAN SOLIS: There's a motion and a second.
COMMISSIONER FIALA: The emergency helicopter -- and
ours is in very, very old shape, and I read about it recently. Is there
any request to see if they could help us buy a new helicopter for our
medical patients?
October 23, 2018
Page 70
MR. OCHS: Commissioner, you already have the funding in
your FY '19 budget to go ahead and make that order.
COMMISSIONER FIALA: Do you?
MR. OCHS: Yes. You've been socking it away for the last five
years.
COMMISSIONER FIALA: I knew that you started that a while
back.
MR. OCHS: Yes, ma'am. We finally have enough put away to
go ahead and --
COMMISSIONER FIALA: Oh, that's -- hear that, EMS guys?
Okay. Thank you.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: Before we vote on that motion,
because I may ask that we reconsider or not pass that just quite yet.
On the funding request, a couple thoughts. One, the mobile
animal spay facility, I don't know that --
COMMISSIONER McDANIEL: The what? I'm sorry. The
what?
COMMISSIONER SAUNDERS: Spay Collier County Rural
Mobile Veterinary Clinic.
COMMISSIONER McDANIEL: Oh, yes. Okay.
COMMISSIONER SAUNDERS: I don't know that I've ever seen
an appropriation -- special appropriation for something like that. And
it just doesn't sound like something that would grab folks' attention.
Maybe you have some better information on that.
MR. MULLINS: It's something innovative. And when we met
with Public Services and talked to the shelter, it could take some of the
burden and relief off of some antiquated facilities. And it may be
something -- I did look around for other things that were kind of of a
mobile unit type and past appropriations, and there have been a couple
things, not specifically for --
October 23, 2018
Page 71
COMMISSIONER SAUNDERS: I did one for Alzheimer's, but
that's a little different.
MR. MULLINS: Right, right. So this is a little bit different. And
I think Steve Carnell's here. He may want to add a couple points to
this. But it's something innovative that we thought we might be able to
present on their behalf.
COMMISSIONER SAUNDERS: I don't want to belabor that.
There's no problem asking. I just don't see that as being something that
the legislature would grab onto. But it's not -- no problem in asking for
it.
But what concerns me is that there are no water projects here.
Septic to sewer is a big issue. That was a big issue for Governor Scott.
The legislature, I think, at one point appropriated it at about $50
million for that.
There's likely to be more discussion of septic to sewer because of
the algae problems. There's a lot of scientific evidence that seepage
from septic tanks is a big cause of the algae issues. So I'd like to see
something in there on a request for septic to sewer.
MR. MULLINS: And if I could, Commissioner, if you flip to the
resolutions of support, you will find two such projects there that we are
in partnership with either the City of Naples or the City of Everglades
City. So we'll be working those issues together with them.
COMMISSIONER SAUNDERS: And the other is simply water
projects. I know Collier County's been successful in the past in getting
some appropriations. Most communities will get something for water,
but unless there's something here I didn't see, I didn't see the water
issues.
I think we had a North Naples project that got, I think, a fairly
large amount of money, about $750,000 one year. I think we need to
beef up our request for funding.
MR. MULLINS: Absolutely. We have met with the departments
October 23, 2018
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in putting this list together to review projects and other issues.
Now, in their defense, we're having to present this document a
little bit early for this session. Session doesn't start this year until
March. Because of our legislative delegation meeting still being in late
November, we had to get this ready for that approval.
Now, if something needs to be added that we can get the
department to put forward, we're more than happy to accommodate.
COMMISSIONER SAUNDERS: I think you need to add some
things to that list of project requests, and they need to be presented to
the delegation, and then there's a form -- obviously the forms that need
to be filled out, and there's already those --
MR. MULLINS: Those forms are not yet available for the next
year.
COMMISSIONER SAUNDERS: I think they are. But at least
I've been sent one of them. So -- but regardless of whether they're
available now or not, I don't want to argue that. I just want to see more
funding requests along the lines of what's traditionally been funded in
addition to what you have.
MR. MULLINS: Absolutely. And one of the things I will say,
too, in putting this together, we've tried to look at the past of how
we've handled appropriation project requests. And one of the
problems that we had were a lot of these projects have ended up in one
representative's district. So you're making five requests of one
representative, who may be lucky to get one of those requests through
because they get a multitude of requests from other entities.
So if you kind of stack the deck, you give them a lot to choose
from. At the end of the day, you're still probably only getting one
project in the budget. So we're trying to delegate it amongst our entire
legislative delegation a little bit more equitably, if possible.
COMMISSIONER SAUNDERS: Again, I don't want to argue
with you. I understand how this process works. And if you don't have
October 23, 2018
Page 73
some water projects in there -- there will be funding for water projects.
I don't know -- our lobbyist is here. Can you --
MR. GRIFFIN: Yes, sir.
COMMISSIONER SAUNDERS: Maybe you can provide a little
bit of information on this, but I don't see in this list the types of -- some
of the types of water projects that are typically funded. Am I missing
something?
MR. GRIFFIN: My understanding is conversations that they've
had with John was, to his point, to not -- to fill the deck too thoroughly
such that there would be plenty of items to choose from but potentially
not a targeted enough list.
Having said that, to your point, with regard to the water projects,
last year we certainly saw significant challenges to water projects as a
result of some of the 11th hour funding that went to some of the
Parkland legislation. Much of the budget items were trimmed down to
make way for the appropriation that carried --
COMMISSIONER SAUNDERS: Are you suggesting that water
projects were not funded? I know there was one up in City of Fort
Myers that was funded.
MR. GRIFFIN: I think that water projects as a whole was one of
many target areas last year such that this year you should probably see
more traditional allotment for water projects that, you know,
potentially could be an opportunity for the county.
COMMISSIONER SAUNDERS: If you think there's going to be
more money for water projects this year, I don't see those on our list.
And I'm only suggesting that one of the ways that we gauge the
success of our lobbying effort is funding that's brought down to the
community, and I would like to see a little bit more work on the list.
MR. MULLINS: And we will circle back around with the
applicable departments and look at those water projects and see if there
are a few more that we can put onto this list.
October 23, 2018
Page 74
MR. OCHS: We'll make that happen.
COMMISSIONER SAUNDERS: And take a look at some of the
ones that were funded last year.
MR. OCHS: Yes.
COMMISSIONER SAUNDERS: You can look as close as the
City of Fort Myers.
MR. OCHS: Yes, sir.
COMMISSIONER SAUNDERS: So there's a motion and second
to approve this, but I'd like -- if the motion maker and the second
wouldn't mind amending the motion to reflect that we'd like to see
some additional water projects added to this list, because I think that's
where there's some opportunities to get some funding, along the lines
of sewer -- septic and sewer and other water-type projects.
CHAIRMAN SOLIS: Well -- and if -- I'd like to make the same
suggestion with regard to the mental health and substance abuse. I
mean, it's an issue to monitor, but it seems to me that there's going to
be -- who made the motion?
COMMISSIONER McDANIEL: I did.
CHAIRMAN SOLIS: But --
COMMISSIONER McDANIEL: I'm listening to you-all before I
speak.
CHAIRMAN SOLIS: Yeah, I think -- obviously, with what's
been going on in the state and in the country, I think -- I would assume
that there's going to be some continued emphasis on mental health and
substance abuse.
MR. MULLINS: Absolutely. And one of the reasons why it was
put into monitoring at this point was because we anticipate there may
be some legislation to come down.
One of the things, I know, of concern to you was the ability of
county court judges to be able to do some treatment referral that they
currently cannot do.
October 23, 2018
Page 75
Now, I do know that Judge Leifman, Judge Carr, and Judge
Martin are working together to try to put together some legislation that
accomplishes that. But as of this point in time, I do not believe that
there has been a bill put together. But they have met with Senator
Passidomo. They've been working on that issue. And once we have
something, then we may come back before the BCC and say this is
what they're trying to attempt. Would you like to support this with a
resolution or something else that authorizes us to go out and
proactively work on its behalf.
CHAIRMAN SOLIS: And this isn't necessarily the absolute,
because we can continue to work with this until later.
MR. MULLINS: Yeah.
CHAIRMAN SOLIS: Okay. Very good.
COMMISSIONER McDANIEL: And my only comment,
Commissioner Saunders -- two things: Number one, I snickered a little
bit when you made mention that you know about this process, because
I think cumulatively you know more than anybody in this room. So I
didn't mean that as -- if you heard me laugh, it wasn't an insult. It was
actually a complimentary snicker.
I wanted to say, this is our -- I think this has room for adjustment.
If you would like me to adjust the motion to fortify that with those
suggestions both with regard to water projects and mental health from
a funding standpoint, I'll be happy to amend that motion just -- and
then that will ratify to the County Manager and staff that those are
priorities that we want to see coming forward. I'd be happy to make ---
COMMISSIONER SAUNDERS: That covers my concern.
COMMISSIONER McDANIEL: I'm in.
COMMISSIONER TAYLOR: And I would agree.
CHAIRMAN SOLIS: Very good. Any other questions for staff?
(No response.)
CHAIRMAN SOLIS: There's a motion and a second. All in
October 23, 2018
Page 76
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 unanimous. Thank you.
MR. MULLINS: Thank you.
CHAIRMAN SOLIS: Great presentation.
MR. OCHS: Thank you, Commissioners.
Item #10A
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS TERMINATES THE AGREEMENT WITH
THE PARTNERSHIP FOR COLLIER’S FUTURE ECONOMY, INC.
EFFECTIVE FEBRUARY 28, 2019 – MOTION TO APPROVE –
FAILED FOR LACK OF A MAJORITY
Mr. Chairman, that takes us back to Item 10, Board of County
Commissioners. Item 10A is a recommendation that the Board
terminates the agreement with the Partnership for Collier's Future
Economy, Incorporated, effective February 28, 2019. This item was
brought forward by Commissioner McDaniel.
COMMISSIONER McDANIEL: Do you want me to speak?
CHAIRMAN SOLIS: Yes, sir. You brought it forward.
COMMISSIONER McDANIEL: I did. And I just want to say,
I'm really -- I can read the tea leaves. I don't really think that
we're -- I'm going to get a lot of support with this proposition.
October 23, 2018
Page 77
I wanted to, just for the record, bring it back to minimumly
change my vote on that contribution that went over there, but I was
informed that I can't. We can't change our vote on contractual
arrangements once they're ratified. It's -- and so I only had an
opportunity to call for the cancellation of the contract.
On a larger basis, I am disappointed in the Chamber and what
they have been doing with regard to the sales tax initiative, the PAC
that was formed. Utilizing the Chamber's assets was the basis for me
to ask for this cancellation. Good, bad, or indifferent, everyone's
entitled to their opinion. And Mr. Dalby and I go round and round on
a regular basis with regard to our opinions there.
The mailer that was put out by the PAC that was formed by the
Chamber alleged policy decisions that disappointed me as well, i.e. if
you don't support the sales tax initiative, they're going to raise your
taxes, and I didn't care for those things.
So as -- on a more global standpoint, Commissioner Saunders,
back when we -- I went back, reviewed the tape, watched the tape.
You expressed some concerns with the rate of return that we're actually
getting from investing our taxpayer monies in organizations, other
organizations outside with regard to economic development, and I
just -- so on a more global level, I thought having a discussion with
regard to the validity of this expenditure and spending the taxpayers'
money of Collier County in this manner, I think, is something that we
ought to revisit, and put --
I had regular conversations with staff about more measurables
and milestones, more evidence-based decision making with regard to
these expenditures, and that was the main premise for me to bring it
up, so there you are.
CHAIRMAN SOLIS: Okay. Commissioner Taylor.
COMMISSIONER TAYLOR: As your economic liaison from
the Commission to economic development in Collier County, I'd like
October 23, 2018
Page 78
to bring your attention -- and I respectfully disagree with you, sir.
Kristi Bartlett who is now going to be the economic head in Coral
Springs -- congratulations --
MS. BARLETT: Thank you.
COMMISSIONER TAYLOR: -- has delivered a fourth quarter
submittal to Collier County regarding the activity of the Chamber.
And it's several pages, but I just want to read just a little bit here.
She visited 60 local businesses, and her visits are not, hi, how are
you, drink a cup of coffee, and leave. She always has her iPad in front
of her. She's always taking notes. They are an essential part of
economic development in Collier County. They do what we don't do,
and we do what they don't do. They're the ones who are actively
looking and addressing the need to bring higher paying jobs to Collier
County.
They also got involved, and I believe -- because this was
explained to me -- with this initiative specifically about workforce
training and attainable workforce housing which are the major
deterrents to companies seeking to locate here. They need a trained
workforce. And if you go up to Arthrex, he'll tell you, you know,
we've got to train these people. And that's why Florida SouthWestern
is now embarking on that. And then other one, of course, is housing,
which we know is a challenge. So to me they moved into the need for
this quite -- it seemed like a fit. I don't think it was a stretch at all.
And I respect your concerns about the PAC and what they're
saying in the PAC but, you know, we all contributed to the needs list.
And they aren't sitting here taking and telling the voters that they have
to vote for this. They're bringing an issue that they believe
passionately about in terms of our economic health and going into the
future of economic health, and they're bringing it to the voters for them
to decide.
So -- and if you -- I'm sure you have it, but if you don't, I'll make
October 23, 2018
Page 79
sure that everybody has a copy of the fourth-quarter submittal which
basically says what they're doing for us. So thank you.
CHAIRMAN SOLIS: I just want to add one thing to what
Commissioner Taylor just said before we go to Commissioner
Saunders, and that is, one of the things that I've participated in with
Kristi Bartlett and the partnership are retention visits. I mean, it's not
only a matter of bringing the employers here, but it's also keeping the
businesses that we have growing and not moving away, and that is a
constant threat. And it's not a threat. It's the constant reality just
because there are options that may be less expensive 10 miles up the
road.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I'm not agreeing or disagreeing with Commissioner Daniel on this
contract. In December we're going to have a full hearing on all the
deals, all the economic programs we're involved in, but not just the
three or four contracts that we have, because we take a look at those
and we can add those numbers up, and we know what those costs are.
What we don't know is what it's costing us in terms of staff time,
because we do have, I think, some considerable expenditure for staff
and other expenses associated with economic development.
And so what I'm hoping will happen in December is we'll have a
full hearing on what we really are spending. And it's not just, as I said,
three or four contracts. It goes a whole lot deeper than that. And then
hopefully we'll have some analysis from staff as to what the benefits
are for all of those costs, and then we can make a decision.
This particular contract we can terminate with 120 days' notice,
and during that December meeting, I may very well side with
Commissioner McDaniel that this contract needs to go away, as well as
others. I may not agree with you, but that's -- the door's open for that.
I know that the Chamber has done a great job in terms of
October 23, 2018
Page 80
retention visits and that sort of thing. I think that's probably what a
chamber does anyway. So I don't know that we need to participate
from a financial standpoint for those retention visits to continue. But
that's the type of analysis that I hope we hear in December. Because I
will go into that meeting with an open mind in terms of this contract
and all the others. Thank you.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: As will I, Commissioner
Saunders. I appreciate your comments with regard to that.
And, Commissioner Taylor, you know, you and I respectfully
sometimes disagree on things on a regular basis, and my entire reason
for bringing this forward was somewhat of a reaction to what the
Chamber has done with regard to the sales tax. You have regularly,
since its institution, supported it and I haven't. And so there's
obviously opposites there.
I want to say out loud it has nothing to do with the performance of
Kristi Bartlett at all. I mean, that lady has done an amazing job
assisting my constituents, business retention.
Commissioner Solis, I've worked with her regularly. Probably
there's cumulatively no one that knows as much with regard to the
opportunities of subsidation and assistance that can come to an
employer by creating jobs within our community and maintaining
them.
So this executive summary has nothing to do with her
particularly, just to say that out loud. And congratulations on your new
employment as well.
So I'll, for the record, make the motion to approve my executive
summary so that it can die without a second, and we can go on.
COMMISSIONER SAUNDERS: I could second that so we
could vote it down.
COMMISSIONER McDANIEL: No, you don't have to. Just let it
October 23, 2018
Page 81
go without a second. That's okay.
CHAIRMAN SOLIS: Hearing no second...
COMMISSIONER McDANIEL: It fails.
COMMISSIONER FIALA: He was going to -- didn't you
second?
COMMISSIONER McDANIEL: No. He was joking.
COMMISSIONER FIALA: Oh, I second it.
CHAIRMAN SOLIS: You second it?
COMMISSIONER FIALA: Uh-huh.
CHAIRMAN SOLIS: Well, there's a motion and a second. All
in favor, say aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SOLIS: Okay. Any opposed?
Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: The motion fails.
COMMISSIONER McDANIEL: 3-2. You just never know.
Sorry. I'm sorry, Terri. I forget, Terri writes down everything that I
say, and it all shows up in the verbatim minutes. If you ever want to
have some fun, you can actually hear what I'm saying, so...
Item #10B
RECOMMENDATION TO DIRECT THE COUNTY ATTORNEY
TO ADVERTISE AND BRING BACK FOR PUBLIC HEARING AN
ORDINANCE ESTABLISHING SECURITY MEASURES FOR
RETAIL GAS STATIONS TO HELP PREVENT THE USE OF
CREDIT CARD SKIMMERS – APPROVED
October 23, 2018
Page 82
MR. OCHS: Item 10B is a recommendation to direct the County
Attorney to advertise and bring back for public hearing an ordinance
establishing security measures for retail gas stations to help prevent the
use of credit card skimmers, and Commissioner Saunders brought this
item forward.
COMMISSIONER SAUNDERS: And, Mr. Chairman, I think
we've all had some discussion concerning this, and the executive
summary, I think, really lays it out.
But the genesis of this is that we've had a lot of folks in Collier
County, and this has happened across the country, people will go to a
gas station, use their credit card, and thieves will have these skimming
devices that are implanted in the gasoline pumps, and they'll read your
credit card information, and the next thing you know you're getting a
call from your credit card company saying there's some strange
charges on your credit cards.
And so some communities in Florida have taken the lead. Cape
Coral was the first community to adopt an ordinance like this.
Initially, there was a lot of pushback from state regulators as well as
from the industry until there was a recognition that this is really a very
inexpensive fix to a very significant problem.
The Sheriff's Department -- and I believe Kevin Rambosk is here;
maybe want to say a few words. The Sheriff's Department has been
instrumental in working on this issue. My understanding is going back
five or six months ago the Sheriff's Department was meeting with our
County Attorney to bring some things forward.
I was not involved in those conversations, but I've talked to the
Sheriff and some of his representatives, and I know this is something
that is on their mind as well, and Kevin is here to discuss that.
SHERIFF RAMBOSK: Thank you, Commissioner. Well, good
afternoon, almost.
COMMISSIONER McDANIEL: It's still morning.
October 23, 2018
Page 83
CHAIRMAN SOLIS: Almost.
SHERIFF HUNTER: Good morning. Kevin Rambosk, Collier
County Sheriff, to talk in favor of what you're about to consider.
As you know, the State of Florida has been in the top 10 identity
theft states in the United States for some time. We were number one.
Six or seven years ago we put together the Collier County identity theft
task force with your help and your support. At that time Naples and
Collier County with regard to identity theft -- which compromising
your credit card is the basic tenet and problem of identity theft today
here and across the country. We've been able to do better. We were
third in the state. We are now ninth. So with awareness and
investigation and prevention like you're talking about today, as has
been presented, that's what we need to continue to do.
To give you some just indication of skimming devices, statewide
in 2015, 169 were found. Today, year to date, 802 were found
statewide. We anticipate that at being over a thousand. It doesn't
delineate what was strictly found in Collier County, but I can tell you
that your detectives and police officers here have found 31 skimmers
throughout Collier County. There are -- and we're not by far in the top
of that. There are communities that have many, many more than we
do. But we track it. We work with the vendors.
But to give you some insight, for every skimming device, why
people want to do this, they make $50,000. So that's a lot of money.
There are a couple of simple ways to address it. This ordinance
does that. You know, the basics of it -- and even my own vendor who
talks to me, when I went in and asked him, what are you doing to
protect my credit card and my identity, and then I explain to him what
I thought he should do, finally went ahead and did it. And I said, you
know what, from a business perspective, I'm going to go now, tell
everybody I know that you have put after-market locking cylinders in
your gas pumps so that you can't go buy a key on eBay for 1.82, which
October 23, 2018
Page 84
you can, that will open 85 percent of the gas pumps in the United
States to be able to put in your device.
So looking today at what the Commissioner has brought forward,
it is some impact on vendors, but the return on that minimal
investment, I believe, when they let people know they have secured
their pumps and secure your information, will make a big plus in
Collier County and continue to reduce identity theft, which is where
we're going. So I fully support it and recommend the Commission
does as well.
CHAIRMAN SOLIS: Thank you.
COMMISSIONER McDANIEL: Make your motion.
CHAIRMAN SOLIS: Any other comments? Questions?
Discussions?
COMMISSIONER TAYLOR: I'd like to make a motion to
approve this agenda item and thank Commissioner Saunders for
bringing this forward.
COMMISSIONER SAUNDERS: I'll second that.
COMMISSIONER FIALA: And second the motion.
CHAIRMAN SOLIS: Commissioner Saunders seconded. 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: It's unanimous. Thank you.
COMMISSIONER SAUNDERS: Thank you.
Item #11B
October 23, 2018
Page 85
RECOMMENDATION TO ACCEPT STAFF’S UPDATE ON THE
STATUS OF THE IMPLEMENTATION OF MEDICAL
MARIJUANA IN FLORIDA – MOTION TO EXPEDITE THE LDC
PROCESS AND APPROVE THE MEDICAL MARIJUANA
DISPENSARIES IN COLLIER COUNTY – APPROVED
MR. OCHS: Commissioners, we move to Item 11B. This is a
recommendation to accept the staff update on the status of the
implementation of medical marijuana in Florida. Mr. Bosi, your
zoning director, will make a brief presentation.
MR. BOSI: Good morning, Commission. Mike Bosi, Planning
and Zoning director.
As the County Manager has indicated, we were directed back in
May of this year to provide a six-month update on the issue of medical
marijuana dispensaries, any action that the legislation has done related
to the regulations for dispensaries and also directed our staff to seek
out an active dispensary in Lee County, visit it, and come back with
some reports to their experience with the facility.
To date, related to the legislative changes, there have been none.
It's still a binary option. You either can allow for them with the
restriction of a 500-foot separation from a school as the only restriction
that you could place upon them and treat them as a pharmacy, or you
could prohibit them, effectively, based upon a local decision.
Related to our site visits, I think we've put together a four-page
narrative that described the specifics of the visitation. I do have the
staff member here who went -- Richard Henderson, who was one of
the three: Jeff Klatzkow, Richard Henderlong, and Erik Johnson; two
from the LDC team; well, obviously, the County Attorney, went and
visited the site. They could give you a firsthand recollection if you had
any specific questions related to the information, some of the data that
October 23, 2018
Page 86
we provided.
We also provided, as best we could, the information -- the
statistics related to the delivery of the product within Collier. As we
indicated, at least from one of the providers, Trulieve, 70 percent of
their deliveries are located within Collier County.
So with that, I would open up to any questions the Board may
have.
CHAIRMAN SOLIS: Commissioner Saunders, there's public
speakers. Do you want to hear public speakers first?
COMMISSIONER SAUNDERS: Well, with the Commission's
permission, I'd like to have the staff tell us about their site visit,
because I think it's important for the public to hear that. We've read
that, but I think a little bit presentation before we get to the public on
that would be helpful.
CHAIRMAN SOLIS: Very good.
MR. HENDERLONG: For the record, Rich Henderlong,
principal planner, Land Development Code section.
We were asked -- we tried to get an invitation also to Curaleaf,
and Trulieve was the one who invited us up. The office manager there
gave us an excellent presentation. We went in with the expectation as
if we were patients.
The manager himself is a qualified patient and, therefore, he, in
his orientation, to us, said, I will walk you through as if you were a
citizen coming up from the county and you have a medical
authorization prescription form.
The medical doctors basically qualify the conditions according to
the statute. They write out what the requirements are. And in his case
he shared with us, for example, his prescription is 1,425 milligrams of
a THC component or cannabinoid, and then it's up to -- in that 70-day
disperse, for the patient to sit down, go through orientation with the
different products and the efficacy of those products as to fulfilling
October 23, 2018
Page 87
how they're going to be treated, okay.
That is one -- one of the biggest takeaways to me is -- the
advantage of having a dispensary is the education of these patients.
And it's also true with the other dispensaries, when we talked with
AltMed up in Apollo Beach, they only service delivery within a
25-mile radius, and the reason being is they put a very strong
orientation on the education for the patient themselves. So in that
respect, they're not the same as a dispensary where you get a
prescription, you go and you get it filled and you walk out. So that's
important to understand.
We're very comfortable in finding that the security systems were
in place. They met the statutory requirements. We checked with the
law enforcement agencies to find out if there were any incidences with
loitering or problems with the neighborhoods nearby. There are not.
The delivery vehicles are very unmarked. They look like normal
vehicles. The delivery is working well with Trulieve for citizens of
Collier County.
I do have an update for you on delivery as of this morning. I'd
like to add for the record -- and we can put this on the visualizer if
you'd like. But we found patients are being served. The products -- it's
mind boggling trying to understand which treatment you're going to
take, whether it's a cannibal (sic) oil or it's a particular concentration of
THC.
So in our opinion, we felt from a planning viewpoint there isn't
really a problem in relationship to them being in a strip center. We're
very impressed with the driveby for Curaleaf, which is in Fort Myers.
Curaleaf was grandfathered in before City of Fort Myers prohibited
dispensaries, and they have a very tight concentration.
We were concerned about people just walking in. In terms of
security, they have -- the rooms are structured very carefully that
you're not allowed -- a younger person cannot walk in, or an adult,
October 23, 2018
Page 88
without being confronted and told you're not allowed to come in here.
They have security on site as well, too.
So we thought the dispensaries are very -- a compatible land use.
CHAIRMAN SOLIS: Thank you.
MR. HEATH: Any other questions?
CHAIRMAN SOLIS: Any questions for staff? Commissioner
McDaniel.
COMMISSIONER McDANIEL: Yeah. I just -- I would like to
ask my colleagues, have any of you votes -- or visited a dispensary
yet?
CHAIRMAN SOLIS: No, I have not.
COMMISSIONER McDANIEL: I suggest you do. Our staff
went. That was a very nice comprehensive report. I did it two weeks
ago, a week and a half ago. I went to one up in Sarasota County, a
different vendor than those that are represented here and a part of the
information, but I found similar circumstances with a different vendor
with regard to the security, the control, the educational process as well.
So I highly recommend -- because as we sit here today, our Land
Development Code does not allow for these dispensaries, and it
requires a supermajority vote for us to amend our LDC in order to
allow for these dispensaries to exist or not.
And so education, educating yourself from a personal experience,
if you have a moment, I highly recommend that you do it.
MR. HENDERLONG: And if I may add, Commissioner, I'd like
to update you with Surterra Wellness reported this morning that they
do -- how many times per week do they do delivery in Collier County?
They're doing 100. They don't know -- they're going to try and get the
number of customers for Collier County. Liberty Health Sciences --
CHAIRMAN SOLIS: They do a hundred delivers a week?
MR. HENDERLONG: A week, yes.
CHAIRMAN SOLIS: And are those deliveries trips, or are they
October 23, 2018
Page 89
just individual prescriptions --
MR. HENDERLONG: They're individual prescriptions, the
individual homes. The products are not to be consumed on site. They
have to be in-home resident.
COMMISSIONER McDANIEL: And that was the dispensary,
by the way, that I visited in North Port.
MR. HENDERLONG: Yeah. Liberty Health Sciences from
Aphria, they do -- they have a thousand customers, and they offer a
free 24-hour turnaround. There's no charge for that. Trulieve does a
$25 surcharge on it. AltMed does about several dozen deliveries to
customers.
So -- and one of the interesting things I found -- we found about
Liberty Health Science is that they're planning a delivery hub in Fort
Myers -- it's not there yet -- because of the demand for customers in
Marco, Naples, and the county.
CHAIRMAN SOLIS: Very good. Anything else?
(No response.)
CHAIRMAN TRECKER: We have public speakers?
MR. MILLER: Yes, Mr. Chairman. We have 19 registered
speakers for this item. Your first speaker -- ladies and gentlemen,
please.
Your first speaker is Jeffrey DeMond. He's been ceded time from
five additional speakers. I'm going to ask you to raise your hand to
confirm your presence when I call your name.
Alexander Popoff.
(Raises hand.)
MR. MILLER: Thank you.
Tara DeMond?
(Raises hand.)
MR. MILLER: Thank you.
Jodi Hahn?
October 23, 2018
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(Raises hand.)
MR. MILLER: Thank you.
And Jason Shook?
(Raises hand.)
MR. MILLER: Thank you.
And Mr. DeMond will be followed by Susan Dunn, will be your
next speaker.
Mr. DeMond, you have 18 minutes.
MR. DeMOND: Good morning. Good morning,
Commissioners. Thank you for allowing me to speak.
My name, for the record, is Jeffrey DeMond. I'm a retired senior
chief from the US Navy.
I wanted to thank you, Commissioner Fiala, for leading us in the
Pledge of Allegiance. It's very close to my heart. I appreciate it very
much.
I love the Navy. It was my life. I did 20 years, and I was the
sailor of sailors, I thought, you know. Take this hat off out of respect
for everyone else.
I'd like to thank the fellow veterans in the room for their time and
service as well. It's not always easy. I'd like to thank those people
who have lost veterans in their life. That's even harder.
I was all in in the Navy. I did it all. Whatever they asked me to
do, I raised my hand. I went all over the world, many theaters, with
multiple service agencies: Army, Air Force, Marine Corps; I did it all.
I wasn't afraid to go away. I wasn't afraid to fight for my country. I
wasn't afraid to give my life for my fellow service members.
Around my 17-year mark, I got hurt, not in battle, just hurt. And
as that -- as my body deteriorated, I had to have more surgeries. I had
four ankle reconstructions, which kept me off my feet for 18 weeks at
a time. My knee, my right wrist, and my right shoulder, my right
bicep's been torn. I've got two herniated disks in my back. I have two
October 23, 2018
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herniated disks in my neck. I have neuropathy.
When I was -- after I was being treated upon my retirement, I
went from a physical weight of about 260 to 340 after all the
treatments with medication that the government had put me on.
So after my first surgery, I was introduced to Oxycodone, and for
five years every time I complained about pain, I got more Oxycodone.
It was even mailed to my house. On top of that, I was issued another
long-lasting opioid called MS Contin. It's morphine. 120 milligrams a
day of morphine, 80 milligrams of Oxycodone a day for longer than
five years.
I didn't know that it was a thing. I didn't know that I was -- I
didn't feel like an addict. I knew when my prescription was ready and,
by God, the pharmacist better have it ready, but I didn't feel like that
that was abnormal because my doctor just kept giving me more and
more. I was getting prescribed 275 pills, Oxycodone, a month. That's
ridiculous, and I was expected to function as a reputable member of
society. And that's what our doctors were doing to us.
So, lucky for me, I come from a large family. When I retired, I
had had some family members who had fallen into that opioid
epidemic. And one of my young cousins recognized in me that same
situation and told me that I need to watch what I'm doing because I'm
going down that same path.
And he said, you need to start smoking cannabis. He called it
weed. Whatever you want to call it. Try to break that stigma;
cannabis. I thought it was funny that he suggested that, actually. But I
did some research. I Googled stuff on the Internet, and come to find
out that cannabis and opioids are the best combination to reduce pain.
So I'm now retired out of the Navy two years on opioids. I'm
seeing the doctor every month. I'm seeing a psychiatrist every other
week. I'm taking psychotropic medication. I'm taking medication to
help me get over my PTSD. I'm taking medication to sleep. I'm taking
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medication to make me feel happy. I'm taking opioids, taking shots for
diabetes because I'm sedentary.
So I think, can't hurt me; I'm going to smoke some marijuana.
The first month I cut my opioid intake in half. I didn't tell --
(Applause.)
MR. DeMOND: I didn't tell my doctors right away because I
wanted them to see that I could do it, you know. It was important to
make it real and not some sort of snake oil.
So for the next two years, I, in an illegal state, broke the law to
come off of opioids because I was a statistic. And I'm a good statistic,
because I survived it. And the only way --
(Applause.)
MR. DeMOND: My sister didn't. And the only way I did was
cannabis. And it was illegal. I was in Illinois. I was buying it from
whoever, whoever had it, because I was determined to make
this -- make myself better.
Since that time I've been able to come off of blood pressure
medication, three shots for diabetes, half my oral diabetes medication,
half of my depression medication, all of my pain medication, and my
mind is so much clearer and more cognitive now than I was when I
retired from the Navy.
Upon my retirement I was immediately 100 percent certified
disabled. I don't do this for money. I do this because it's the right
thing. There are too many veterans on too many prescription pills, and
too many of them are getting overlooked, and too many of them are
dying, and they don't have this opportunity.
We are an older community in Collier and Lee. Our veterans are
older. We do Honor Flights for these guys. The Vietnam vets, they're
committing suicide, and they don't -- they can't -- they don't get
reached out to enough. Education isn't there for them.
Today, today, at 4:00, I'm holding an event at the military
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museum in Cape Coral to educate veterans, along with several other
people that are here. We'll be there in attendance, but we have one of
the area's leading doctors, Ms. Livingston from the Livingston
Foundation will be educating. We have several veterans that are going
to stand up and testify just like me here today in front of a group of
veterans because it's very hard to get out and ask for help, and we need
help.
To the other Commission -- to the other speakers that were
talking about the dispensaries, I find dispensaries are very comforting
and accommodating, especially for veterans. More than one of them
have veterans events to come in and discuss this, because after 20
years in the military, no illegal drugs, no drugs, no nothing, it's a battle
in your own mind to try to overcome that where it's okay to get
prescription pills but it's not okay to do this and it makes me better.
There's nothing wrong with being better. There's nothing wrong with
being happy.
The side effects of my new prescription, I love them. They
don't -- there's not one single bad side effect except for I might get
hungry or sleepy on occasion. But I'm too big of a guy to walk around
angry. Wouldn't you much rather see me sobbing a little bit than
pounding my fist?
But this is important, because I was angry, and I couldn't control
it for a long time. And, actually, my therapist in Illinois actually
worked for the normal. And after telling my story 15 times to 15
different therapists and 15 different pain management guys, and I
finally got to someone, and I said, this is what I'm doing. And she
said, where do you get your marijuana?
I said, I've got friends. I can't tell you that because we're in an
illegal state.
So here I am now in Florida. I moved down to Florida five years
ago. I have been a Florida resident since 1989. I retired back to my
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home state of Illinois and then shortly thereafter moved back to
Florida.
I can tell you 100 percent that going to the dispensaries is the best
experience for someone in my position. I didn't understand medical
marijuana. I just knew that it helped. So to go in there and get
educated on the endocannabinoid system and why it's working for me
to help me better medical myself to -- I don't want to walk around in a
state of high, if you want to say that, "high." I don't want to walk
around high. I want to be able to be functioning.
So to learn these low dose -- to medicate myself on low doses
over time keeps me from having a psychoactive effect, and my pain
doesn't hurt and I can walk around for all day or I can treat myself with
CBDs. I can tell you for 100 percent certainty, once I moved to
Florida and started going to a medical marijuana dispensary, that my
health has improved farther than I even ever thought it was possible.
Once I quit opioids, I thought that was it. That was the best I was ever
going to feel. Now that I'm taking CBDs and other cannabinoids, my
swelling has gone down. The burning sensation in my feet has gone
away. Pains in my hands, and I would cramp between my ribs, all that
goes away from taking CBDs and cannabis, the cannabinoid
combinations.
And I have children. And I tell my children about this, because
I'm trying to soften the stigma of marijuana. It's not a bunch of hippies
standing around in a corner or behind the dumpsters or smoking a
joint, you know, trying to get high. It's through education that you can
learn how beneficial the whole plant is to your entire body.
I wish that I would have known 10 years ago what I know now or
15 years ago what I know now. I may have been able to save some of
my family members. And it's just -- you know, we are in an opioid
crisis, and you can either do something to help it or not.
And I'm trying to help the vets get their help, because the first
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thing they try to give you is a pain reliever. It's a pain reliever. It's a
pain reliever. And that's not the right way to treat our people
and -- you know, I wish that -- when the opioid crisis started, that was
exactly the middle of when I was having all of my surgeries. So, I
mean, I don't blame anybody. I was an undereducated 39-year-old
man, you know. But at that time I was broken in my mind. I was
broken in my heart. I was broken because I had worked so hard in the
Navy, then I got hurt, and all they did was treat me with opioids. And
so from that 17-year mark, I was unable to function in an operational
role, and it's really, really hard when that's all you do.
I turned down more surgeries because I didn't want to take more
opioids. I know people now that have had knee surgeries and have had
their knees manipulated and refused opioids. When I talked to my
doctor and got my initial cannabis recommendation, he was my pain
management, or he was in the same clinic as my pain-management
doctor, and my pain-management doctor recommended that I go talk to
his partner. So I went and I talked to his partner.
Now, I had been on so many opioids for so long, and when I
asked him to write me a recommendation for medical marijuana, that's
when he made me feel like I was a drug addict, not when I was taking
270 opioids a day (sic). It was when I asked for my marijuana card,
which crushed me. It was the -- and since I retired from the Navy, I
had never been talked down to so poorly since I retired, and I almost
got up and walked out, but I didn't. I was a different person. I'm trying
to, you know, understand and make -- soften him as well, because if
he's asking me the wrong questions, and he's my doctor for cannabis,
there needs to be more education. If I know more than he does about
the cannabis industry, there needs to be more education.
Once he wrote me my card, one week later I got a certified letter
in the mail that said we can no longer have a productive patient/client
relationship, patient -- doctor/patient relationship because I refused his
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pain medication and I was switching to cannabis. He cut me that day,
and I got the letter the next week.
So I think a lot of it comes down to money. And if you're talking
about building businesses in Collier County, the Curaleaf dispensary is
right next door to the Navy/Marine Corp/Air Force recruiting station.
The Surterra dispensary looks like Rachel Ray's kitchen. It's got fresh
apples on the counter. It's not like you're going to, you know, Frankie
Bee's house down on 22nd Street, and I've got to be there at 3:00,
because that's when his guy's showing up to get his weed. It's not like
that. You can go into a place that's close by.
COMMISSIONER McDANIEL: I hear we both like Rachel Ray.
MR. DeMOND: I do like Rachel Ray. I watch Rachel Ray every
day, I must say.
But it's important because in Naples, Marco Island, and the
surrounding communities, there are a lot of patients that have to drive
all the way to North Fort Myers. Okay. So on a good day, it's an hour.
So you go there on an hour, and then you have to wait an hour, and
then you have to drive an hour home before you can take your meds.
And, you know, just a dispensary closer would alleviate so much
more of that. You could make call-in orders. And, you know, I know
they deliver, but then they give you a delivery time. It's like the cable
man, only you're happier. You'll gladly wait for this delivery. But the
cable guy you're frustrated, you know.
So -- but they'll change their delivery time by, okay, we're going
to be 10 to 12. Now we're going to be there from 1 to 3. So, I mean, I
don't -- not that I mind waiting. I just don't always have time to do
that. Not everyone has time to do that. And I just -- I'm pleading to
you to make the right decision for the veterans in Collier County, the
citizens of Collier County that need cannabis as medication and for all
those others who think that it's a bad -- the devil's lettuce, or whatever
the stigma is, the '60s or whatever. I gave my father, a Vietnam vet
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who couldn't lift his arms above his head, cannabis-based CBD. Three
days later he was painting. He had his arms up. He couldn't -- he
couldn't lift them to hold me, hug me, and I gave him that CBD oil.
Three days later he was painting.
And I just can't say enough about it. I know it seems like I've got
a cart full of it outside and I'm going to give everybody some later and
it's going to cost 5 bucks apiece and I'll make millions of dollars. But
I'm not. I'm not doing that. I just want help.
Thank you.
MR. MILLER: Your next speakers -- your speaker is Susan
Dunn. She's been ceded additional time from Margaret Bailey.
(Raises hand.)
MR. MILLER: Thank you.
Steve Halper? Steven Halper?
(Raises hand.)
MR. MILLER: Yes, okay. Steve, thank you.
And, Shannon Livingston?
(Raises hand.)
MR. MILLER: Ms. Dunn will have a total of 12 minutes. She
will be followed by Lisa Colando.
MS. DUNN: Good morning -- afternoon, ladies and gentlemen.
My name is Susan Bailey Dunn, and I'm a native of Naples. I was
born at Naples Community Hospital in 1961, long before any of you
elected officials arrived.
I have seen more growth than you can possibly fathom, and I've
watched many things change in our quaint, little town over the last 57
years. But today I use my voice for every warrior, everyone who has
suffered at the hands of antiquated thinking and outdated laws.
You sit as elected officials to promote and uphold the very
mission statement you agreed to abide by when you were elected. And
you fill those seats that you sit in today. I will remind you of those
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words as I share my thoughts.
The first item on the Collier County Commissioners home page is
your mission statement. Starts with "vision" and it states: "To be the
best community in America, to live, work, and play."
I ask you now, does that mean traveling an hour and a half to
obtain your medication or have to pay $25 service fee for delivery that
may or may not be delivered during a three- to four-hour window?
Could any of you guarantee an adjustment to your daily schedules to
receive in person only medication that your quality of life and sanity
depends on?
Are you truly upholding the vision to be the best community in
America, to live, work, and play, by denying and postponing what the
citizens of Collier County have spoken, voted on, and won? Will you
vote in favor to uphold that vision for Collier County residents? Will
you?
As described in the second paragraph of the Collier County
Commissioners home page is the mission, the mission statement, and I
quote: "To deliver high-quality, best-value public services, programs,
and facilities to meet the needs of our residents, visitors, and
businesses today and tomorrow," end quote.
So while 64 percent in Collier County approved medicinal
cannabis along with 70-plus percent in the state of Florida, I'm asking
you, is your prolonging the opening of the dispensaries in Collier
County in direct line with this mission statement? Is it?
Are you solidifying and delivering high-quality, best-value public
services, programs and facilities? Are you? Will you?
Are you actually voting for the needs of our residents, visitors,
and businesses today and tomorrow in Collier County? Not Lee
County.
Again, residents and businesses in Collier, not Lee County
deliveries, Collier County.
October 23, 2018
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Let me address the third paragraph for the Collier County
Commissioners home pages. It's listed as "guiding principles and
values": Honesty, integrity, service, accountability, quality,
consistency, respect, knowledge, stewardship, collaboration,
self-initiating, and last, but certainly not least, self-correcting. These
are taken directly from your mission statement.
I respectfully direct these statements and questions to you, Ms.
Penny Taylor, and to you, Ms. Donna Fiala. Are your votes on this in
the past and, most importantly, today in accordance with all of the
guiding principles and values? Let's talk about a few of these guiding
principles and values mentioned. Knowledge and honesty seems like a
logical place to begin.
How many of you commissioners, as Mr. McDaniel just asked,
have truly exhibited collaboration and stewardship visiting numerous
dispensaries yourselves throughout the state over the last six to 12
months while we've waited this vote? How many have you visited
personally to make an educated vote?
Have you truly educated yourselves on the benefits of cannabis in
numerous variations of disease, life-altering pain and suffering? Are
you aware it's a plant-based, non-addictive, zero overdoses,
non-pharmaceutical with zero side effects? Do any of you personally
travel an hour and a half to fill your prescriptions? Would you? Could
you? Are your medications covered by insurance? And are you aware
that this is not, rather, it is a totally self paid out-of-pocket expense?
Do your pharmacies carry your exact prescriptions at many local
locations? Many times patients travel long distance only to find the
specific strain needed is out of stock, and local access is of the utmost
importance to those who are on a meager VA disability compensation
suffering every waking and sleepless moment from the wounds
acquired while protecting your and all of our constitutional rights.
Penny Taylor stated, "People are being served." I ask you, is this
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an accurate statement? Is this honest? No. Clearly, it is not. Is the
statement knowledgeable? Again, no. It is far from knowledgeable or
honest. Shame on you, Penny Taylor.
Moving on to Ms. Donna Fiala. As she states, "Once you
approve them, we can have as many dispensaries as we do pharmacies,
and we have pharmacies on every street corner. I have grave concern
over that." Is that a statement that upholds respect for those who can't
purchase medicine on every street corner? Respect for those who
chose to medicate with non-pharmaceuticals? Is that a self-initiating
statement from our elected commissioner? Definitely, it is not.
As for Ms. Fiala's most recent statement in the Naples Daily
News, she's worried about recreational cannabis use as stated in the
Naples Daily News. As she stated today earlier as I sat and observed,
let's not put the cart before the horse. I believe those were your exact
words.
Spouting prohibition rhetoric when Collier County majority voted
on medicinal and won. Let's cross one bridge at a time, Ms. Fiala, and
when it -- when or if that comes on the ballot, we, the people, will vote
accordingly.
When I remind you of these statements today, do they uphold a
conscious, intelligent, well-thought-out vote in accordance with the
guiding principles and values that you were elected to serve and strive
to uphold? Integrity, service, collaboration, accountability, quality,
respect, stewardship, self-initiating, and last, but certainly not least, is
that a display of self-correcting?
As I've attended and witnessed these meetings over the last
several months, not one of you have responded with concern, respect,
or inquisitive dialogue after any of our residents have come before you
at this very podium sharing their heart-wrenching personal realities.
No, unfortunately, your silence speaks volumes.
Mr. Solis stated, "I don't know how we can ban something that is
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provided for in the constitution as a right." I applaud you, and I thank
you very much.
(Applause.)
MS. DUNN: And so I stand here today and I ask that you move
forward in a unanimous vote to allow cannabis dispensaries to open in
Collier County to accommodate the needs of Collier County residents.
I come before you as a native resident of Collier County, a United
States citizen and, most reverently, a blue-star mother, a title I take
very seriously and with very much pride.
Hoping, working, and praying that I never transition to the
gold-star title. My son is a combat veteran of Operation Enduring
Freedom who suffers from post-traumatic stress disorder and a
traumatic brain injury. The VA has tried to medicate using synthetic
prescriptions. These very prescriptions remove individuality, creating
a completely different person, side effects that cause the very
symptoms they are supposed to eliminate. Clearly, this is not a healthy
solution, much less the quality of daily life desired by this honorable
young man and our vets.
Instead, with much thought and research, choosing to become a
medical cannabis patient legally under Amendment 2 on the 2016
ballot. Let me remind you, Amendment 2 is a constitutional
amendment, meaning it was passed by the people, not the legislate;
therefore, as a blue-star mother -- and the way I see it is that any one of
you commissioners that hinders access to a plant-based medicine as an
alternative is violating the very constitutional rights they have fought
to protect. Let that sink in, please.
Furthermore, to be crystal clear, the blood of every warrior,
everyone who suffers yet would benefit from a Collier County
cannabis dispensary is on your hands.
In closing, I believe the final most appropriate guiding principle
value stated in this mission statement and eloquently summarizes my
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intention here today in front of you, self-correcting. That goes out
specifically to Ms. Penny Taylor and Ms. Donna Fiala, self-correcting.
You have no right to say not our county. The majority has voted, and
they have spoken. Listen, act, and do the right thing. Let your votes
speak as a direct representative for the citizens you have been elected
to represent. Follow your own mission statement. Stop prolonging
something that should have been initiated two years ago. Enough is
enough. Self-correct.
I sincerely hope that you've listened, and I welcome your
response. Thank you.
(Applause.)
MR. MILLER: Your next speaker -- your next speaker is Lisa
Colando, and she will be followed by Kathleen Farrell.
MS. COLANDO: Hi. Good afternoon. My name is Lisa Pavey
Colando, and I've been a citizen of Collier County since about 1985. I
went to Golden Gate City Middle School, I went to Barron Collier
High School. I went to Edison Community College when it was still a
community college. I then went to Tampa, got a degree, stayed away
for a little while, came back and became an English teacher at Palmetto
Ridge High School and opened it up in the early 2000s; ran the
journalism program.
Years later, I met my husband, Brian, and we started a magazine.
It was a music magazine. And we were doing very well here in Florida
until Brian came ill, and I could tell you that we moved to Colorado
and sold everything that we owned because Florida wouldn't give us
the medicine that he needed. I could tell you that we were American
medical refugees because the State of Florida wouldn't help us. I could
tell you that we went to a dispensary the day we got there. He got a
card that day. And the guy next door, the bud tender, spent an hour
explaining how cannabis can help with Crohn's, how the
endocannabinoid system works, and many other things.
October 23, 2018
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They spent time with us to educate us. I know about cannabis.
I've been a cannabis user for 30 years loud and proud. Got me off big
pharma.
I could tell you that we run a magazine now here in Naples called
Revive. It's all about medical cannabis. A couple of you have seen it
up here. You've read it. We've spoken.
We are about education. This is not about getting high. This is
about getting healthy. I could tell you other things like the delivery
issues. People are spending money in Lee County going to lunch
because it takes so darn long to get up there. I want our people in
Collier County to be making money as local businesses. Traveling to
Fort Myers isn't the answer. Delivery isn't the answer.
I can tell you that this isn't about recreational. Recreational isn't
even a thought right now. What happens in two years, four years, five
years doesn't matter. What matters is now. Medicinal passed 71
percent, almost 72 percent in Florida; 64 percent in Collier County.
This is -- should be a done deal. None of us should even be here
today. This is a constitutional amendment that was made, and by not
upholding what 64 percent of the people in this county want, you're
doing a disservice. You're hurting your constituents. They will
remember this when voting comes around again.
So I implore you, please, do your jobs, listen to what Susan said.
Don't listen to what I said. Listen to Jeff. Listen to Susan. We are
your cannabis industry. It's all of us in here. We have businesses. We
are helping people. We are educating people. Help us do our job, and
we'll help you do yours. Allow dispensaries here.
Thank you.
MR. MILLER: Your next speaker -- your next speaker is
Kathleen Farrell. She'll be followed by Jamie Cain.
CHAIRMAN SOLIS: How many remaining speakers do we
have?
October 23, 2018
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MR. MILLER: About nine.
I want to remind the speakers, if I could have my next
speaker -- Ms. Cain, or Mr. or Mrs. Cain, I'm not, Jamie -- wait at the
other podium. We'll use both podiums, please. Thank you.
Ms. Farrell.
MS. FARRELL: Hi. How are you? Hi, Andy.
I have literally grown up in this area. My father started coming to
Marco Island in the '60s. I consider this my home of homes. I've
traveled around the world quite a bit as a flight attendant, but I always
came back here.
I had a yoga studio in town. It was called One Vibe. I helped
open Bala Vinyasa Yoga. I like to think of myself as a yoga pioneer.
This was, like, 25 years ago. So I like to think that maybe I'm ahead of
my time, but now my time has come.
So, yeah, the studio -- I had some problems there. So I had my
own issues with pain and with doctors prescribing a lot of icky
pharmaceuticals that didn't serve me at all. In fact, they turned me into
somebody that I didn't like and that I -- you know, that didn't really
work for the yoga journey.
So medical marijuana has completely changed my life, and I'm
not a person that says things, you know, lightly. I do tons of research.
I've probably written 50 articles on the subject. You're welcome to read
any of them on My Florida Green blog.
I also do writing on Medium, and I've written about my medical
marijuana journey extensively, including going to a dispensary for the
first time, which was Trulieve. I wrote how walking into that was like
walking into, you know, your best friend's living room or something,
you know, and having an exquisite, like, meeting with these kindred
spirits instead of going to a doctor where everybody's sick, you know,
and mad.
So no, you know, I started out with the CBD. I've been able to
October 23, 2018
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just look at the garden of delight that it's in a dispensary and make my
own decisions, because that's what it's all about. I think I have the
knowledge, I have the wisdom to make my own decisions about what I
want to do with my body.
And I don't like driving an hour and a half to Fort Myers; I don't.
I like to stay here in Collier County. I love Collier County. You
know, we're going to fix this place, but it starts with movements like
this. The green movement, the green revolution is a real thing, and it's
healing places, and I want to see Naples healed completely on every
level. I don't want to have to work with addicts who’ve just lost their
best friend.
And I see my time is up. As you can tell, I'm extremely
passionate about this, and I will not back down, so I hope you guys
make the right decision. Thank you.
(Applause.)
MR. MILLER: Your next speaker is Jamie Cain. She's been
ceded three additional minutes by Paul Harper, who is present here.
Ms. Cain will be followed by Donald Ketterhagen.
MS. CAIN: Thank you, Paul.
And good afternoon now, I guess to the Commissioners. Thank
you for allowing me this opportunity to express my thoughts on
cannabis dispensaries here in Collier County.
My name is Jamie Cain, and I have been involved in this
community for eight years both on presidential and congressional
campaigns and as Libertarian secretary for the Collier County
Libertarian party and as well for the last five years in the
cannabis -- getting cannabis legalized; was one of the first street
wavers out there.
I'm a former business owner. Had two tech companies in Ohio.
Moved down here about 13 years ago. Employed 100 people. I've
been a wife for 42 years, my only husband, a mother of five, three of
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which are alive, two who died because of a disease that I have prior to
being born, and one of which is adopted.
I have lupus. I have anti-phospholipid antibody syndrome. And
in 1993, I was told that I needed to basically go home and get my
affairs in order. So I am 25 years past expiration date at this point in
time. Thank you. And it's been a hard road to keep myself healthy and
to keep myself going forward. And I've used a lot of different holistic
products to do that.
In June of 2011, I got a migraine, and I'd never had a migraine
before, and that migraine lasted, no doubt 24/7 from June 11 -- June
2011, until February of 2016. It never left. I lost my ability to speak
properly. I lost my ability to read. I became dyslexic. I had to kind of
cocoon myself at home.
And I had a very dear friend here, and because it was not quite
legal at that time, I'm not going to say who, but brought me some
medicine and said, I need you to try this. And it was a funny thing
when she brought that to me, because the night before the pain had
become so bad, and the migraines are hemiplegic, so I lose half of my
body. And I don't know that's happening. I get up, and it's not there,
and I fall down. So I break bones because I also have osteoporosis
from the lupus.
So she reached out to me, and she said, I want you to try this
CBD and to see. And the funny thing is is the night before, I told God,
okay, I'm done. I have eight beautiful grandchildren that I would love
to see grow up, but I said, I'm done. If I'm not going to be healed, if
this is not going to get better, I can't live this way anymore. Excuse me.
So the next day she reaches out. I didn't say that to anyone. I
didn't tell anyone that I said that prayer. And so that's my answer. She
reaches out, and within three days I'm noticing a difference, and I'm
noticing I'm getting beginnings and ends to these things, and I'm being
able to read longer or see or speak, and I'm not mixing up my words
October 23, 2018
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and sounding like I don't know what.
And it was very shocking to me that this medication could do
that. And I knew that it could heal cancer, because it did heal my little
niece who was -- at eight months old -- four months old diagnosed
with neuroblastoma, and it broke her spine. And she was given 2
percent survival rate. She's now 30 years old, and my brother -- she's
the only living cancer patient of her year and for the five years
following, and it's because my brother gave her cannabis. So I knew it
was good for cancer, but I didn't know it would have neurological
things.
So this dear friend of mine said, yes, I think that it can. It made a
difference. I got so better, I took three of the oldest grandchildren who
had just graduated high school across the country on a cross-country
road trip for their graduation. And I got out to California and I started
noticing these people, they're well, they're happy. There's clinics on
the corner. There's dispensaries, and it's -- you don't smell it
everywhere. They're not hanging around the streets, you know, having
big parties. And I started -- so I really wanted this to happen here in a
bigger way.
So here I am anyway. Very quickly. I went to school. I went
back out there. I went to school. I learned a lot. I came back here. I
educate patients who are just starting out. A lot of elderly patients who
have been diagnosed with cancers and those kinds of things. But for
anybody that's interested, in the newspaper, Mr. Klatzkow, I saw that
you were concerned about the names of the cannabis, and you wrote
that in the paper, and --
CHAIRMAN SOLIS: That's not Mr. Klatzkow, just so you
know.
MS. CAIN: It was in the paper last night.
So I got some names of beer, so just -- this is a little joke here.
But one of them is the "B" word Creek beer. Another one is Bitter
October 23, 2018
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Woman from you know where here -- beer. Another one is Butty
Bach. Everybody can make fun of things with names, and that is the
culture.
CHAIRMAN SOLIS: Thank you.
MS. CAIN: Thank you.
MR. MILLER: Your next speaker is Donald Ketterhagen, and he
will be followed by Jason All.
DR. KETTERHAGEN: Good morning. My name is Dr. Donald
Ketterhagen. I'm a retired obstetrician and gynecologist. I practiced
here in Collier County from 1978 until I became disabled about 2000.
During that time, I had my hand involved, literally, in about 4,000
births. Now, if you take those 4,000 births, count their parents and
then all their siblings, we're probably talking somewhere in the
neighborhood of 15,000 citizens that I can relate to in this county. As
they age, they're developing the medical conditions that you've so
eloquently heard described today.
And I'm going to be short today, because all I have to say to you
is you have an opportunity. It sounds like you need to change
something with the land use in order to make it happen. It isn't just
saying yes, let's go ahead and have dispensaries. There's obviously
more to it than that, or I'm sure that all five of you would have already
done it.
The cause is just, the need is great, and I just urge you at this
point in time to do whatever you have to do to make it possible for the
citizens of your county to obtain legal medical cannabis within the
county borders.
Thank you very much.
MR. MILLER: Your next speaker is Jason All, and he will be
followed by Linda Abbott.
MR. ALL: Good afternoon. I want to thank the Commission for
allowing me the time to speak today.
October 23, 2018
Page 109
I am a medical marijuana patient. I'm also a cancer survivor.
Seven years ago I was diagnosed with leukemia, and that's a diagnosis
that I didn't think I was going to come back from. When you hear
cancer at 33 years old, it shakes you to your core.
Followed by 27 straight days in the hospital, waiting for my
counts to rebound, I turned another year older, had a birthday, I lost my
first grandparent, wasn't able to medically be cleared to go to the
funeral; very close with my grandfather. That probably hurt more than
the cancer and everything else and the shingles and the hives put
together.
I tell you what I did, though. After the bone marrow biopsy that
very first day and after the morphine and Ativan cocktail elixir wore
off, I went for my first chemo treatment.
And I believe to this day I met my angel in that treatment room.
There was another fellow cancer patient, and she was from an
adjoining state where medical marijuana was legal. My state it was
not. And very next day she brought me in a little bit of her medical
marijuana, and I illegally try it, and I'd be happy to say I'll do it a
thousand times over again, a thousand times, because what it did do for
me, it alleviated many symptoms, many symptoms. I could go on.
I have a list. I'm going to give you the top five or six:
Depression, a lot of depression going on in 27 days in a hospital bed
after you lose your grandfather, and you can't go to his funeral;
anxiety; my appetite. I was the only one that gained weight on
chemotherapy, if you can believe that; nausea, zero. Zero nausea; let
alone the aches, the pains; headaches; body aches where my port was,
you name it.
But above and beyond everything, it was my mental health, my
disposition. I was able to cope. And that's why I moved to Florida.
And Collier County is not doing me any favors because not only do I
have to drive an hour and a half, it's the availability of the product that
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I need that works for me. Not all of it works. Product availability.
CHAIRMAN SOLIS: Thank you.
MR. ALL: Seventy percent --
CHAIRMAN SOLIS: Sir.
MR. ALL: -- Collier County residents are at Trulieve; 70 percent
of their orders.
CHAIRMAN SOLIS: Thank you.
MR. ALL: Okay. Thank you.
(Applause.)
MR. MILLER: Your next speaker is Linda Abbott. She'll be
followed by Sarina Nichols.
Is Ms. Abbott present?
(No response.)
MR. MITCHELL: Sarina Nichols. She will be followed by
Yvette Stafford Jones.
MS. NICHOLS: I'm going to start with I'm also very
disappointed that we are even here today discussing this; very
disappointed.
Four years ago you should have done your research, and you're
like children that haven't done your homework; some of you, some of
you. I specifically also will call out Donna Fiala and Penny Taylor.
CHAIRMAN SOLIS: Ma'am, let's -- I'm going to ask
everybody --
MS. NICHOLS: I'd like to finish, sir, and I'll be respectful.
CHAIRMAN SOLIS: Well, I'll let you finish, but I want to ask
everybody to be respectful.
MS. NICHOLS: I'm doing so. I have the right to speak, sir.
CHAIRMAN SOLIS: This is a very serious issue.
MS. NICHOLS: I agree.
CHAIRMAN SOLIS: We all take it very seriously, and so I'm
going to ask you to be respectful.
October 23, 2018
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MS. NICHOLS: I'm doing that, sir, and thank you for your
injection. Thank you.
I'll go on with what I was saying which is that you have the
opportunity here to do the right thing. As other people have said,
please do the right thing.
I don't know if you've noticed, but there's a lot of pain in this
room that people are sharing with you, okay, a lot of pain. They are
asking you to help them to please help them alleviate just a little bit.
It's not difficult for you to do if you would please consider this.
And what I want to say to you is, why did you get into public
service? Because most of you would probably answer, as most elected
officials would, to improve your community so that you could do
something good for the community, right, so you can have a positive
impact on the community, on the voters, the people that voted you in,
your constituents.
I'm asking you to think about that you have the opportunity here
today to do the right thing and to do something good for your
community to help alleviate pain. And as many people have
discussed, the delivery is one portion of availability for patients, for
some patients. We need that local access. And I just -- I could go on
for hours and days about this, as we all could and have.
So, again, I'm going to repeat, please, I respectfully ask you to not
ban dispensaries; vote in favor of the change to the land use code that
is necessary. Please do not continue to be an obstructionist on this
issue. It is not going to bode well for you politically anyway.
So just please don't do what you have consistently been indicating
you're going to do. Do the right thing. Just please do the right thing.
Do the right thing. Do the right thing.
Please do the right thing, Penny.
Please do the right thing, Donna.
Please help us. Please help us.
October 23, 2018
Page 112
(Applause.)
MR. MILLER: Your next speaker is Yvette Stafford Jones, and
she will be followed by Mac Strong.
MS. JONES: My name is Yvette Stafford Jones. I'm with the
Crohn's Charity Service Foundation, and you know that medical
marijuana is like a life saver for our Crohn's patients.
And I just want to -- I want to shout out to Victor Espinosa and
also Michael. Usually the Crohn's patients don't come out. You know,
this is a very nasty disease. And they come for help, and they don't
show up. They get the help, and they go back and hide.
But I don't want to get into that. You heard a lot of stuff today.
What I wanted to focus on today is that Jeffrey was talking about an
event. I just want to let you know about the education that we have
built up in this community.
His event that he talked about is going to be in Cape Coral today.
This is an event that anybody can go to today. And you have top
doctors. You also have Shannon Livingston from the Livingston
Foundation. You'll hear the names repeating over and over again.
We're the advocates that has been standing before you for so long.
Also Shannon Livingston is having her event at the Ritz-Carlton
on December 1st. So, actually, the education and this -- guys, this
what you should go to. This is going to be a lot of fun for you, really,
and a lot of education. And her title just explains, you know, your
brain on drugs, cannabis and pharmaceuticals. So it ties into a lot of
stuff that you sent them out to go and get research on; a lot of
information on that.
And, of course, mine's January 7th. I am having a forum. I was
asked by the Unitarian Church here in Collier County, could I speak or
get people together to find out more information about cannabis, and I
did. I went to Shannon. She'll be there. I got top doctors: Dr. Barry
Gordon, Dr. King, and we also have Irving Rosenfeld. Irving
October 23, 2018
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Rosenfeld -- there's three people that United States government has
been given marijuana joints to since the '80s, and he will be there to
speak. So he signed up. Dr. Sonn and also Mike Minardi for
Regulated Florida.
So I just wanted to let you guys know that. And it's more
information. Everyone knows how to get in contact with me. Thank
you.
(Applause.)
MR. MILLER: Your final registered speaker is Mac Strong.
MR. STRONG: Hey, Commissioners. My name is Mac Strong.
I'm the vice president of patient access with My Florida Green. We are
a statewide medical marijuana certification company and are honored
to serve the residents of Collier County.
Our COE, Nick Garulay, was unable to make it today. I do have
some prepared remarks that I'd be honored to share with you.
Ladies and gentlemen of the Collier County and Commissioners,
I want to personally thank you for the amazing job you've done
keeping our community clean, safe, and thriving, and because of your
efforts, Collier County's one of the most desirable places to live in the
country, and I'm honored to be part of it.
I'm very sorry I couldn't be there today in person to attend this
meeting, but I share this letter on behalf of our team at My Florida
Green and the 2,000-plus patients here in Collier County that we've
helped certify. Yes, you have heard that correctly; there are overall
2,000 patients for medical marijuana here in Collier County.
I remember standing here at this podium 16 months ago begging
for compassion for sick people to have access to medical marijuana.
That same day I listened to a very well-respected physician and chief
of NCH stand before you and state very clearly that marijuana has no
medicinal benefits. I remember that day like it was yesterday because
that was the day that I made the firm commitment to myself, my team
October 23, 2018
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at My Florida Green, and the good citizens of Collier County that we
would prove them wrong.
Well, ladies and gentlemen, we now have over 2,000 case studies
with data to prove that not only is marijuana medicine, it can actually
entirely change the way people heal, live, and work as citizens of
Collier County.
Most of us in society are stigmatized. We think that marijuana is
a dangerous gateway drug. While we appreciate those concerns, our
patients have proven that perspective could not be more wrong.
As you may already know, marijuana is safe when used
responsibly and has never resulted in an overdose fatality. Meanwhile,
over 155 people are dying per day across the country in the opioid
crisis.
I'll just point out a couple that should help you understand the
medicinal values of medical marijuana especially for our friend Dr.
Allen Weiss of NCH. One patient came to us two years ago in a
wheelchair. She was suffering from severe spinal stenosis. At that
time she was taking 13 different medications to help her cope,
including opiates and benzodiazepines. We certified her for medical
marijuana. Within three months she was moved from a wheelchair to
a walker, and three months later than that, she was off of all of her
medications, walking without a walker at all, and now holds full-time
employment here in Collier County.
(Applause.)
MR. STRONG: We also have a severely nonverbal autistic child
who went from violently abusing his family to being able to go to
lunch with his family in just one treatment.
We have dozens of veterans who are patients of ours. We are
very, very proud to help them. And thank you very much for your
service, sir. There are far too many of you that need more help, and
we're honored to be part of it.
October 23, 2018
Page 115
We have a choice to make today, and it can be for the good
citizens of Collier County. Please make the compassionate and ethical
decision to give patients access to medical marijuana as an alternative
to dangerous synthetic drugs that do not provide the relief that they
should.
Cordially, Nick Garulay, founder and CEO, My Florida Green,
where medical marijuana is made easy. Thank you.
MR. MILLER: That was your final speaker for this item, Mr.
Chairman.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I'd like to ask a question
of the County Manager, if I could, please.
If I'm -- when we started the discussion on this, we were talking
about the necessity of an amendment to our LDC. Is that still the case,
the process? Do we need to reinitiate that?
MR. OCHS: Yes, sir.
COMMISSIONER McDANIEL: Okay. I'd like to make a
motion that we do, in fact, do that process again.
COMMISSIONER SAUNDERS: I'll second that motion, Mr.
Chairman, and would like to make a comment on it as well.
CHAIRMAN SOLIS: Anything else?
COMMISSIONER McDANIEL: That was why I was hitting the
button.
CHAIRMAN SOLIS: There's a motion and a second. Further
discussion? Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah.
On the motion, you know, clearly it takes four votes to amend a
zoning ordinance. It only takes three votes to direct staff to move
forward with that amendment and bring it back, and I think it's
important that staff bring that amendment back. I'd like to see it come
back fairly expedited, and the reason I say that is this is not a difficult
October 23, 2018
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issue in terms of the legal issues. There's been discussion about this
now for a couple of years. And so I don't want to see a six- or
eight-month delay in bringing something back. I think it can come
back a little more quickly than that.
So I'm seconding the motion and look forward to having a public
hearing on the LDC and the zoning change to make this happen.
My rationale for doing this, quite frankly, is that one of the
speakers said that there's a lot of pain in this room. Sarina Nichols, I
think, said that.
We've had these types of discussions now for a year. I was one of
the proponents for delaying the implementation or the placement of a
pharmacy because I was waiting for some action from the Florida
legislature to give us a little more guidance. Well, we're not going to
get that. And I was pleased when staff visited one of the facilities and
was not surprised at the result in terms of the way they're controlled
and that sort of thing.
I didn't answer your question -- the question was raised as to how
many of us had visited one of these pharmacies, and I've actually
visited two of them, not in Florida but in other states, and found the
same thing in terms of the control, not people hanging around. I went
into one as a visitor in Colorado back before recreational marijuana
was legal, and I was quickly asked to leave because I didn't have a
medical marijuana card.
So there weren't people going in and out and hanging around. So
I don't see this as presenting a significant or any, quite frankly,
problem in the areas where these facilities may ultimately be located.
So that's my rationale for seconding it.
I hope that we have a sufficient vote on the Board to move this
forward when it comes back.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And, you know -- and,
October 23, 2018
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Commissioner Saunders, you've always got to one-up me, because I
visited one, and you did two. So that just starts the conversation.
COMMISSIONER SAUNDERS: If you had said two, I probably
would have said three.
COMMISSIONER McDANIEL: Exactly. The other point that
was made today that I really, really want to emphasize is education.
It's imperative that we educate ourselves with regard to the medicinal
purposes that come along from cannabis and its utilization.
And I ask my colleagues, as we move forward with the next step,
that -- because we have, as Commissioner Saunders, pointed out, I did
it early on, it's going to require a 4-1 vote to amend our LDC to allow
these dispensaries. And I believe that the key to success to get to
where we need to go is education.
CHAIRMAN SOLIS: And before I call the vote, I just wanted to
just urge that, you know, as an advocate myself in my professional life
as an attorney, personal attacks is not a good way to get people to see
things your way, so -- and we all feel passionately about this, but I
would strongly urge everyone -- because I know this is an important
issue, you know, it's an important issue to me, but it's an important
issue to everybody on the Board.
I hope everybody understands that because, you know, we feel
the pain that's out there. We see things differently. So I would just
urge everyone, as we go through this process, to, please, let's be
respectful. And it's just -- it's not an effective way to advocate
to -- you know, to not be respectful of other people's views.
With that said --
COMMISSIONER McDANIEL: One quick question, if I may,
and it's just to ask the County Manager. Commissioner Saunders
expressed a timeliness with which to bring this back. When do you
think we could actually hear this?
MR. OCHS: I'm going to ask my zoning director to opine on
October 23, 2018
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that.
CHAIRMAN SOLIS: He already had the changes made, right?
MR. BOSI: Mike Bosi, Planning and Zoning director. We've
went through this process --
(Multiple speakers speaking.)
COMMISSIONER McDANIEL: Yes, we did. We know that.
MR. BOSI: -- with the Planning Commission, we have
recommendations from those. I'll have to check with the County
Attorney's Office to make sure there's no statute of limitations in terms
of how long those recommendations can last.
But, essentially, because it's a binary question, we can either -- we
would prohibit them or we allow them as a pharmacy with the
500-foot. So there's -- the same question is going to be asked again. So
I think we could probably circumvent this, and we will be able to get
this to the Board of County Commissioners within the -- within a
three-month window I would believe that we could have this back.
COMMISSIONER McDANIEL: And that was where I was
looking to go within -- so thank you.
CHAIRMAN SOLIS: Very good.
Commissioner Fiala.
COMMISSIONER FIALA: Yes. Some of the things we've read,
especially through the state legislature -- I'm sorry --
COMMISSIONER McDANIEL: Up on the mic.
COMMISSIONER FIALA: -- is what's happened with they
introduced cannabis, medical marijuana, into other areas like, for
instance, Colorado and Oregon and things like that, and how it quickly
erupted into a lot of other things. You see people like Jeffrey, for
instance, you know, you just want to give him that, because he needs
that stuff. You want to help them. But how do you stop other people
from taking advantage of something that's simple to help people that
really, really need it? There's the question, that's what's bothering me.
October 23, 2018
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CHAIRMAN SOLIS: Please.
COMMISSIONER FIALA: Okay. You've settled my vote.
CHAIRMAN SOLIS: Let's -- again, you know, this is not the
way to change someone's view.
You know, I think the issue is that it's regulated, so you have to
have a prescription. But, anyway, I mean, let's -- again, let's be
respectful.
Anything else? Okay. Commissioner Saunders.
COMMISSIONER SAUNDERS: One quick comment on that.
In terms of the issue of legalization of recreational marijuana, there's
no question that in some states, there was a game plan to go to medical
marijuana then to recreational marijuana. I think it's pretty well
documented, but that's not what we're talking about here.
If there's going to be an effort to legalize marijuana in 2020 or in
2022, that really is irrelevant to what we're doing. Nothing we do
today, nothing we do when this ordinance comes back is going to have
any impact whatsoever on the issue of legalization of recreational
marijuana. That's on a track. It may happen. It may not happen. But
this will not have any impact on that.
And so I think the issue that you need to focus on is if you believe
that this is a legal drug, which it obviously is, and if you believe the
testimony from all of these people that have come out here and
expressed some very personal stories about their pain and their
suffering, if you genuinely believe the folks that are out here, then I
think the vote is fairly simple: We should help these folks. We're not
going to create a problem. We're not going to lead the way to
legalization of recreational marijuana.
COMMISSIONER FIALA: How do you know?
COMMISSIONER SAUNDERS: How do I know?
CHAIRMAN SOLIS: It has no precedential value.
COMMISSIONER SAUNDERS: There is no -- it's just not
October 23, 2018
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going to happen that way. If it's going to happen, it's going to happen
regardless of what we do, period. It's not --
UNIDENTIFIED SPEAKER: Who cares?
COMMISSIONER McDANIEL: You're not allowed to speak.
COMMISSIONER SAUNDERS: That's my point is that --
COMMISSIONER McDANIEL: Let's call the question.
CHAIRMAN SOLIS: This is a Land Development Code issue
related to medical marijuana. I agree with Commissioner Saunders; if
somewhere in the state someone wants to bring this -- the legalization
for recreational use, that's not what we're asked to review here. I
mean, there are -- as we've seen, there's people that benefit from it. We
have a very narrow issue that can't be relied upon for some future
legalization for recreational use. It just --
COMMISSIONER McDANIEL: Correct.
CHAIRMAN SOLIS: There's no basis for that. We have a very
limited issue. It's a yes or no, and the statute -- in that way the statute
is very clear.
So any other comments?
(No response.)
CHAIRMAN SOLIS: There's a motion and a second. Mr.
Attorney? No?
There's a motion and a second. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN SOLIS: Very good. That's where we are.
MR. OCHS: Mr. Chairman, I'm assuming the Board wants to
take a lunch break at this point.
October 23, 2018
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CHAIRMAN SOLIS: Yes, sir. Let's --
MR. OCHS: You had a 1 o'clock, so we'll come back after lunch
and hear that item.
CHAIRMAN SOLIS: Hear that one immediately after lunch.
COMMISSIONER TAYLOR: Unfortunately, today I'm going to
need to leave at about 2:30, so if there's any way we could have a
lunch break that isn't a full hour, I would greatly appreciate it.
CHAIRMAN SOLIS: Forty-five minutes. Is that sufficient?
COMMISSIONER FIALA: We don't have any -- I have to go
out and get it and come back.
COMMISSIONER McDANIEL: I've got half a ham sandwich.
MR. OCHS: 1:45?
CHAIRMAN SOLIS: 1:45. We'll get you a lunch; 1:45.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mic. We're on our 1
p.m. time-certain hearing, so we're right on schedule, as Commissioner
McDaniel would say.
Item #11F
RECOMMENDATION TO APPROVE THE EXPENDITURE OF UP
TO $50,000 FOR PROFESSIONAL ENGINEERING SERVICES TO
DEVELOP A CONCEPTUAL PLAN THAT PROVIDES
TEMPORARY SHALLOW DRAFT BOAT ACCESS INTO
VANDERBILT LAGOON VIA WATER TURKEY BAY AND
AUTHORIZE THE COUNTY ATTORNEY TO PREPARE FOR
PUBLIC HEARING AN ORDINANCE ESTABLISHING THE
VANDERBILT WATERWAYS MUNICIPAL SERVICE TAXING
UNIT (MSTU) TO RAISE FUNDS NEEDED TO REIMBURSE THE
COUNTY FOR PROJECT EXPENSES AND LONG-TERM
MAINTENANCE OF THE CHANNEL – MOTION TO APPROVE –
October 23, 2018
Page 122
APPROVED
This item, again, is 11F. There is a recommendation to approve
the expenditure of up to, excuse me, $50,000 for professional
engineering services to develop a conceptual plan that provides
temporary shallow draft boat access into Vanderbilt Lagoon via Water
Turkey Bay and to authorize the County Attorney to prepare for public
hearing and ordinance establishing the Vanderbilt Waterways
Municipal Taxing Unit, MSTU, to raise funds needed to reimburse the
county for project expenses and long-term maintenance of the channel.
Mr. McAlpin, your coastal zone management director, will make
a presentation.
MR. McALPIN: Thank you, Leo.
For the record, Gary McAlpin, Coastal Zone Management within
Collier County.
Leo's just put up on the visualizer an orientation map that we
have. And you can see that we have Wiggins Pass up here to the north
that the county maintains and dredges on a regular basis. To that we
have -- to that we have the Water Turkey Bay channel which comes in
here and feeds in the Vanderbilt Lagoon area.
Water Turkey Bay channel is essentially blocked at three
locations where we have excess fill right here at the mouth of the -- at
the pass location, this location right in through here, and another
location there.
These blocks basically are a hazard to navigation and, if the
boaters are not familiar with local conditions, are a safety issue.
The county has had a policy that the county does not dredge
inland water bodies that do not serve or benefit the entire population.
And this channel that you're looking at, the channel, the Water Turkey
Bay channel that we're looking in there has a direct benefit to a specific
population of property owners, boaters, and end users.
October 23, 2018
Page 123
And there is a group that has been just recently formed which is
the waterway -- the Vanderbilt Waterways Group. This is not a new
occurrence. The channel has been shoaling in over the last 12 years.
It's something that the property owners are aware of. We have been
talking to them for over -- for quite a while now; that this is their
responsibility, and this is not caused by Hurricane Irma.
So what we have -- and as we've gone through this, we've
transitioned to discussions on a private/public partnership into the
formation of an MSTU. And the private/public partnership wouldn't
work because the county -- any way you looked at it, the county would
be coming in and would be funding the dredging and would be funding
the initial engineering, and that would -- that would establish an
unwanted precedent where we, the county, were dredging interior
channels with limited public benefit.
So long term we're looking at this location where we need to
support and work with the Vanderbilt Waterways Group to establish a
county-mandated MSTU, and short term we need to provide the
temporary shallow draft boat access, and the county would need to step
up and work with the federal and state agencies to obtain emergency
permits at the three locations.
We would need to survey the channel, determine whether it's
beach-quality sand or not, because that makes a big difference on the
cost. If it's not beach-quality sand, we need to look at a place where
we could take that material and dewater it. And then we would have to
take that material and dispose of it in an upland source that would be
determined by DEP based on the characteristics of what was in the
soil, and that gets very expensive.
We're asking for $50,000 to do the preliminary engineering, do
the sand analysis, do the work associated with coming back to you
with a conceptual plan and cost structure that would tell you what we
had to do and what was the next step.
October 23, 2018
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We would only be working towards a temporary solution so that
we would take the three locations that we had shoaling in, we would
dredge them, and we would develop a plan that would last for a couple
of years until an MSTU was up and running.
So we're not going to do something that's permanent. We're
going to do something that would be adequate enough until a
county-mandated MSTU could be up and running, and they could
dredge the channel and provide funds to long-term maintenance.
So being consistent with what's happened in the past, this would
benefit the property owners, and the property owners that are benefited
would be the ones who would be responsible for paying them.
The county would enter into funding that would be reimbursed,
and it would be reimbursed, most likely, initially the $50,000 from the
unincorporated area general fund, and then long term for the dredging,
it could be either a county fund, or they could seek their own financing
at that point in time. But all work that the county would do would be
reimbursed.
Now, the issue is, is that long term the cost, the construction cost
and the dredging cost for this would be -- would be excessive. We
think that it's going to be in excess of a million dollars, and that's
because of the material handling that we have to deal with on this. But
the conceptual plan will tell us that.
So is Michelle here? Michelle, is there anything that you would
like to say about the MSTU and establishing the MSTU?
MS. ARNOLD: For the record, Michelle Arnold, Public Transit
and Neighborhood Enhancement division director.
We've looked into the values of -- the property tax values in the
area that we're considering, and depending on, you know, what millage
rate is set, we believe that there would be at least -- if you were to
establish a millage of five mills, we believe that, you know, that they
could generate as much 500 --
October 23, 2018
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COMMISSIONER TAYLOR: Five mills?
CHAIRMAN SOLIS: Point 5.
MS. ARNOLD: Yeah, point 5 mills.
COMMISSIONER TAYLOR: I will be breathing a sigh of relief.
MS. ARNOLD: They would generate about 500,000 for the year.
So, I mean, that's something that we could easily get. If the project
costs would exceed a million dollar, it's something that could be
generated over time or reimbursed to the county over time.
CHAIRMAN SOLIS: And a lot of that cost is going to depend
on whether or not the sand's usable for the beach --
MS. ARNOLD: Right.
CHAIRMAN SOLIS: -- and all that.
MR. OCHS: Commissioners, could we just talk about the
schedule for the MSTU and why it's important we get some decisions
made before the end of the calendar year?
MS. ARNOLD: Yes. There's a requirement that we establish an
MSTU before December 31st of this year. At the time of establishing
the MSTU, the Board just needs to have that in place. The actual
millage rate can be established after the study comes back with regard
to, you know, what needs to be done with the study, and then we
determine the actual cost. So that can be done prior to the next fiscal
year.
We establish it -- if the Board establishes the MSTU by
December 31st, the actual millage will be set in place for the next
fiscal year, October 1st, 2019.
CHAIRMAN SOLIS: Okay. There's several commissioners who
would like the questions. Do we hear the speakers first, or would you
like to -- what's your --
COMMISSIONER SAUNDERS: I was going to ask -- I'm
assuming that everyone in the audience is here in support of this
particular issue, and perhaps they would have no objection to a motion
October 23, 2018
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to approve this as stated, and we can short-circuit the 30 minutes of
public comment.
So I'll make that motion, unless somebody has an objection.
COMMISSIONER TAYLOR: And I'll second that.
UNIDENTIFIED SPEAKER: We're all good.
COMMISSIONER TAYLOR: Speak now or forever hold your
peace.
CHAIRMAN SOLIS: So you're -- that's it?
COMMISSIONER TAYLOR: That's it.
CHAIRMAN SOLIS: Okay.
COMMISSIONER FIALA: Yes.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: I have a question.
So if they're starting the collection, say, next year for this thing,
how long does it take to collect the money before you do the dredging,
or can you do it in advance and pay yourself back?
MR. OCHS: Let's ask Gary first to talk about the projected
schedule for the actual dredging, assuming that the engineering study,
you know, tells us that it's not beach-compatible sand.
MR. McALPIN: The work for the engineering study
is -- working with the agencies is probably going to take 90 to 120
days, and at that point in time, then we could look at going out for bid
and doing something. And assuming the bid would take another
couple of months to pull that together, we would be looking at
something in the range of six months, I believe, Commissioner, before
we could actually go out and start the dredging.
The dredging will take no time at all, basically, to deal with that.
It will be all the upfront work that is associated with this issue. And
that -- once we know the conceptual plan, then we will know what the
cost for the construction should be, and then the MSTU could look at
what the long-term maintenance needs are and factor that into the costs
October 23, 2018
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that -- the millage rate costs. So that's how I see it.
COMMISSIONER FIALA: This already silted over, Gary?
MR. McALPIN: Yes, ma'am. The pass is silted over in three
locations.
COMMISSIONER FIALA: Okay.
MR. McALPIN: It's accreted in three locations, and that's what
we want to open up enough so that it will last a couple years or maybe
three years until a permitted MSTU can be established.
COMMISSIONER FIALA: Okay. And you won't get the money
until next year's taxes, right?
MR. OCHS: That's correct.
COMMISSIONER FIALA: You can advance -- what I'm trying
to find out is if they can go and borrow from another pot and repay it.
That's where I'm going with this.
MR. OCHS: Yes.
COMMISSIONER FIALA: I understand the need for it, but I
was just wondering what happens until the MSTU kicks in and they
get some money back.
MR. OCHS: Yeah. The concept is to advance that funding from
the Board to be repaid back from the MSTU.
COMMISSIONER FIALA: Okay. Yeah, I think that we needed
to know that. Thank you.
MR. OCHS: Yes, or, frankly, if they find a more attractive
outside financing source like we used at Santa Barbara -- East Santa
Barbara and Radio Road, that's an option for the MSTU as well.
COMMISSIONER FIALA: Okay.
CHAIRMAN SOLIS: And I've gone through there and it's -- you
really have to know.
COMMISSIONER TAYLOR: You can see it.
CHAIRMAN SOLIS: -- where you're going and how you need to
go to make sure you don't run aground and, yeah, it's a little precarious
October 23, 2018
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at low tide, to say the least, if you don't know where you're going.
COMMISSIONER FIALA: I thought it was urgent, yeah. That's
why I asked the question. It can't wait.
COMMISSIONER McDANIEL: Well, I had two questions, and
one I wanted to ask you, Commissioner Solis, because this is down
home in your district, and I wanted to make sure that your
residents -- and there's a sufficient group here -- that are okay with the
self-taxation that comes along with this.
I have a question that the MSTU -- Gary, it looks like the
boundaries of this stops before we get up to Wiggins Pass.
MR. McALPIN: Commissioner, we would extend that, this area,
until we get up to the Wiggins Pass intersection.
COMMISSIONER McDANIEL: So we're going to make it so
that we can, in fact, get there?
MR. McALPIN: Yes, sir.
COMMISSIONER McDANIEL: All right. Now -- and this is
may be just a discussion at some future point. I don't want to belabor it
too awful long. But once we end up with a boat ramp of sorts so that
there's greater public benefit that could come from this pass being
open, then we can make adjustments to the actual taxation that the
folks are paying for. So I'm happy to hear that they're here, so...
CHAIRMAN SOLIS: Yeah. No, this was actually brought
forward. They spoke six months ago, I think. They brought a petition
forward, and this has been something that's obviously been happening
for a while.
It was apparently dredged back in the '90s. I mean, it would last
hopefully more than three years because it seemed to have lasted quite
a bit last time.
MR. McALPIN: It was dredged over 20 years ago, and it has
maintained an operational status for a long period of time, and now it's
just non-usable.
October 23, 2018
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CHAIRMAN SOLIS: Okay. Very good. So there is -- anything
else?
(No response.)
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 unanimous.
MR. McALPIN: Thank you, Commissioners.
(Applause.)
CHAIRMAN SOLIS: Thank you.
MR. OCHS: Thank you, Commissioners.
Mr. Chairman, given the fact that Commissioner Taylor has to
leave in a little while, I wondered if it would be okay if we took the
stormwater utility item before she left.
CHAIRMAN SOLIS: Sure. Absolutely.
Item #11G
RECOMMENDATION TO ACCEPT AN UPDATE ON THE
STORM WATER UTILITY INITIATIVE AND PROVIDE
DIRECTION TO THE COUNTY MANAGER TO DEVELOP A
MODIFIED PROGRAM FOR FUTURE BOARD
CONSIDERATION BASED ON THE RECOMMENDATIONS
OUTLINED IN THE STAFF REPORT – MOTION TO CONTINUE
TO THE MEETING ON NOVEMBER 13TH BCC MEETING –
October 23, 2018
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APPROVED
MR. OCHS: So with that, we'll take Item 11G. This is a
recommendation to accept an update on the stormwater utility initiative
to provide direction to the manager to develop a modified program for
future Board consideration based on the recommendations outlined in
the staff report.
Mr. Cohen will begin the presentation this afternoon.
MR. COHEN: Thank you. Thaddeus Cohen, department head,
Growth Management, for the record.
Thank you, Mr. Chair and Manager.
So we're going to make this quick while they figure out the
technology here. I'm always -- oh, there. Sorry.
Back in September we had a little rough go with the stormwater
utility conversation, and you asked us to come back in October as to
how we could think about moving forward, and we had a very good
conversation with each of you as to how we're thinking about that.
And as you know, there's three components that we're looking at,
which is the flood control, water quality, as well as the regulatory
construct.
Most of you, obviously, are familiar, but we'll show it for the
public, in particular, the key challenges of our systems.
Aging infrastructure; it was interesting that we'll be talking with
John Mullins as to how we can take some of these projects and include
them as part of the legislative request that we can have going forward;
that we're looking at two components. One is the maintenance side of
the house, and the other is capital.
And as we look at those, we're trying to be thinking about our
guiding principles to be proactive in our maintenance rather than
reactive because of the cost that is concerned. We have an extensive
system that you're all familiar with.
October 23, 2018
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And one of the key components, I think, as we continue to have
these conversations with the community is whatever we do, we want to
be able to keep moving towards an industry standard, particularly on
the maintenance side.
And then on the capital, you'll be talking about the AUIR in
another month or so. But, clearly, we have somewhere in the
neighborhood of $120 million identified in stormwater capital needs
that need to be addressed over the next seven years, and then we have a
series of projects that we have on hold currently that we talked to you
about because of our lack of funding. So, clearly, as we're thinking
how we are going to construct this as we go forward, those are the
things that we're trying to stay focused on.
We met with you in September at the budget hearing. Since then
we've had an opportunity to go out and talk to the Golden Gate Estates
Civic Association in September, and we also had an initial meeting
with the Productivity Committee to kind of bounce some preliminary
ideas off of them as to how we thought we might be able to move
forward. That was at the suggestion of the manager.
So as we go forward, there's a targeted outreach that we're
proposing; that we would pull together a citizens steering committee
that will allow us to be able to be sure that the next recommendations
that we come with have much more communications with outside
communities.
One of the areas that we're going to take a look at is the presidents
of the homeowners association as an opportunity, again, to spread that
message and get input a little bit better than we did the last time;
additionally, being able to talk to the CDDs as to some of their
concerns.
One of the things we heard is how we will handle public schools
and government buildings and how they're being assessed, and I think
we can more clearly address those issues.
October 23, 2018
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And as you heard from the residents, one of the things of
particular concern was we had a map on our website which we have
since pulled down, but whether the data was accurate. And we've had
an opportunity to scrub that to be sure that the kinds of conversations
we have on the things that are important to the citizens as to what their
properties do and don't do, that the data -- we're all working off the
same database, and we'll have a chance to clean that.
One of the concerns that we heard also in the takeaways is what
are the projects we'll be able to do so that that can be monitored over a
period of time. As you know, we've got a $33 million deficit that
we've talked about, as well as $120 million in backlog.
So we're prepared to move forward with a series of projects if
we're fortunate enough to be able to move this forward.
The other takeaway that we have was how do we address large
lots. There's some benefit that you heard from the community as to
how it is that we could address those, but part of the option is what we
can do to take a look at that on a holistic basis.
Commercial property owners, being able to work with them a
little bit sooner so they can budget for what these costs may be.
Older developments, how we might be able to pull them into the
process through permitting and being able to offer them some sort of
incentives to be able to upgrade their properties is something that we
can talk about.
We've talked to the churches. They do great work in the
community, so how we might be able to offset some of the costs and
concerns that they have either through credits or possibly a buy-down.
There's a lot of conversations that we're having as to how we can think
about this.
And then, again, what we're hearing, again, is the
communications aspect of it. Will the funds be diverted? No, because
it will be a dedicated source of funding. And we learned from the very
October 23, 2018
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technical document that we sent out that was a statutory requirement,
that created great concern in the community; that probably we should
put a cover letter over that in plain English that really describes what it
is that we're trying to do to allay some of the fears that people have as
to whether or not, if this passes, quote, you can take my home, which
is clearly not the case.
But I think, again, through a communications strategy, to clearly
have people understand what the nature of this stormwater fee would
do, I think, will be greatly helpful as we try to move forward.
So what are the next steps that we're asking for today? We're
looking for your approval to allow us to continue to have this outreach
in the community. As you know, we've already, from the last
conversation we had, capped this for residents at $192. So the ideas
that we have going forward will be an opportunity to reduce that even
further to lessen the burdens on the citizens.
What large lots do. There's lots of conversations we've had with
each of you on ideas that we would be able to explore. This will allow
us the opportunity to explore those further. We've talked about
opportunities for offsets for the churches. We've already removed
unpaved surfaces to make it more simple to understand. And then,
again, a clear communications strategy so that we can keep people
informed of what we're doing going forward.
With today's hopeful approval, with your permission, we will
come back in January for you to be able to move forward with a
statutory requirement. In our executive summary we'd probably place
it more in English so that it could be clearly understood, which is
nonbinding, but allows you to say that if you move forward the
instrument is available for you to do that later in the year.
And then in February, having worked with the citizens, having
worked with the steering committee, we would then come back to you
with recommendations on how we believe we could move forward on
October 23, 2018
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this stormwater utility.
That's the basis of the presentation. It kind of outlines where we
are today and, hopefully, with your approval, we'll be able to continue
to have these conversations and be able to move forward with an offer
of a recommendation to you in February.
Thank you.
CHAIRMAN SOLIS: We have public speakers.
MR. MILLER: Yes, sir. I have three registered speakers. I'm not
sure that -- I'm sorry, four. I'm not sure that they're all here, though.
CHAIRMAN SOLIS: Okay. Do we want to hear from the
speakers first?
COMMISSIONER FIALA: Sure.
COMMISSIONER SAUNDERS: I was going to make another
comment about --
CHAIRMAN SOLIS: Similar comment?
COMMISSIONER SAUNDERS: Well, not -- similar in some
respects, and I'll go ahead and make the comment.
We have an election in two weeks, and obviously we have the
ballot question dealing with the sales tax.
And I had a great conversation with staff yesterday, and my initial
reaction yesterday was, yeah, let's go ahead and move forward with
this, give staff the direction to move forward, but as I've sat here today
thinking about this, I felt that I would personally prefer deferring this
until our meeting after the election, which will be our first meeting and
only meeting in November, because if that referendum passes, that's
going to have an impact on how I want to proceed with this. If it fails,
it's also going to have an impact.
So I know staff is only looking for direction to proceed, but I
would like to defer this until the meeting in November.
CHAIRMAN SOLIS: Does that present an issue with the timing
for the --
October 23, 2018
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MR. OCHS: No.
MR. COHEN: I was going to say no, Manager.
MR. OCHS: No.
CHAIRMAN SOLIS: All this is is to have the option to --
MR. CASALANGUIDA: Right.
CHAIRMAN SOLIS: -- collect it through the -- with ad valorem
taxes. We're not levying anything.
COMMISSIONER TAYLOR: No. Oh, no. I mean -- and,
frankly, we're not even saying that that's what's going to happen.
CHAIRMAN SOLIS: Right.
COMMISSIONER TAYLOR: We're just saying, do your
homework, staff, talk to the community, bring back their input.
CHAIRMAN SOLIS: Right, right. And if something does
happen, then we've dotted our I's and crossed our T's in terms of the
Tax Collector.
COMMISSIONER SAUNDERS: The concern that I have is the
article in the paper about this will be staff -- and staff has given
direction to proceed with the development of the stormwater utility fee.
That will come out in the next couple of days in advance of the
election. And there are going to be some people that are going to sit
back and say, well, wait a minute, why should I vote for a sales tax
when I'm going to be paying $192 for a stormwater utility?
And so I if vote on it today, I'm going to vote against this today
because -- if the Commission moves forward -- and that's fine. That
will be a 4-1 vote, perhaps.
COMMISSIONER McDANIEL: Four to two (sic).
COMMISSIONER SAUNDERS: Or it will 4-2 -- 3-2.
But I just think that -- I hate to use the term "optics" because
everybody uses that in the media, but I just don't think it looks good for
us to be directing staff to move forward with a stormwater utility 10
days before we have an election on a sales tax when we could do it in
October 23, 2018
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two weeks anyway. That's all, so --
MR. OCHS: Mr. Chairman --
CHAIRMAN SOLIS: There's no timing issue.
MR. OCHS: -- there's no staff objection or concern about
continuing this to the November meeting if that's the pleasure of the
Board.
COMMISSIONER McDANIEL: Well, let's have our discussion
before we just --
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: -- go on down that path.
Commissioner Fiala.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Oh, yes. Excuse me.
Also, while you were talking about the letter in writing to people,
would you show us the letter first before you send it out this time?
MR. OCHS: Absolutely; will do.
COMMISSIONER FIALA: Because I don't know about anybody
else, but I was on vacation, and I didn't even know the letter was being
sent.
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: Okay. And the second thing
is -- and you talked specifically about large lots. I would think those
large lots are more permeable than the ones that are close in where
everybody's cemented in. Why would you charge the large lots more
money when they have so much permeable space?
MR. COHEN: Well, what we're doing is we're trying to see if we
can come up with a system where we can help lower their cost. So a
credit may be one avenue to go in that direction. So, for example, if
you're between, say, one acre and five acres, you may get a 15 percent
credit because you are a large lot. And if you're larger than five acres,
maybe it's a 25 percent credit. So that would reduce your 192 by 25
October 23, 2018
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percent and 15 percent in recognition of the fact that those large lots, as
you correctly point out, are more permeable. And so, therefore, that's
the value that we may be able to decide makes sense. So that's part of
what we want to be able to pursue.
COMMISSIONER FIALA: I'm just going to repeat what I said
to you guys in my office yesterday. Keep it simple, stupid. That's what
we are always trying to do, and that -- credits and so forth, all of a
sudden now that gives them arguing points, and I don't think that that's
going to help us any. I think that that's too cumbersome. But this is
just Donna Fiala's opinion.
MR. OCHS: Yes, ma'am.
MR. COHEN: Point well taken. Thank you.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. First off, I concur with
continuing this but for separate reasons than Commissioner Saunders.
I think if you -- I'm not in favor of this. I'm voting against this as
it's currently put to us today because this delineates a predetermined
outcome with having not reached out to the community. There are
suppositions on that particular sheet up there that talk about
adjustments to the maximum amount and assessments to the $192 for
residential. I have staunch opposition for charging not-for-profits and
churches at all; government facilities at all.
I think the fee structure as -- I think the entire metrics as it's been
determined to date is flawed and cumbersome and very, very difficult
for people to understand, and I cannot go forward with this in this
particular form and format.
Now, if it helps Commissioner Saunders with the thought
processes of continuing it until after the sales tax -- my concern with
that, Commissioner Saunders, is we were pretty specific on the wish
list, as I continually referred to it, delineated as to where that one-cent
sales tax, should it pass, was going to be spent and then removed off of
October 23, 2018
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that wish list, stormwater, the utility, as such. So we can't
replace -- well, I think we probably can replace depending on how the
sales tax initiative goes.
But I think, if I'm under -- I'm trying to see.
CHAIRMAN SOLIS: I'm sorry.
COMMISSIONER McDANIEL: That's okay.
I think if your rationale is is having this come out right now is
going to assist in the potential failure of the sales tax on the premise
that -- is that where you're going with it?
COMMISSIONER SAUNDERS: Two things: One is I think it
sends the wrong message to the voters because the message is we're
going to be doing this, and if that sales tax passes, that's a second tax,
and I just don't think that that's the right message but, number two, if
the sales tax does pass, it's going to impact my feelings about what to
do with this. So I need that bit of data.
COMMISSIONER McDANIEL: Okay. I understand that.
Okay.
And, again, now I'm okay with accepting staff's report. I mean,
the argument here -- and this is my discussion with staff yesterday.
There is no argument with regard to the need. The need has been well
established, it's been maintained, and I believe it's largely why my
colleagues up here voted for this in the past because the need is real,
but the support of the need is what I feel is direly lacking.
I sat in the presentation that came from staff to the Productivity
Committee. I had another appointment, had to leave, and the
committee, after I left, asked their chair to ask me to request the Board
to allow the Productivity Committee to be a reviewer of this system
and offer up suggestions on how it can be enhanced, alternative
funding sources, other avenues supporting these real needs haven't
before explored to date by our staff.
And that committee asked that they be -- that they actually do
October 23, 2018
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that. So we never got around specifically to bringing that out, but
that's another reason why I think we ought to sit tight on this -- on the
proposition that's in front of us today.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll make a
motion to continue this item till our next meeting.
COMMISSIONER TAYLOR: Second.
COMMISSIONER McDANIEL: Third.
Commissioner Taylor jumped in on my second, or I'd have done
it.
CHAIRMAN SOLIS: There's a motion and a second. There are
some public speakers.
MR. MILLER: Yes, sir. Your first registered speaker is Garrett
Beyrent.
MR. OCHS: Hold on.
CHAIRMAN SOLIS: Why don't we see if -- given that the -- I
think everybody can read the tea leaves. Do the speakers still want to
speak if it's not going to be considered today?
MR. MILLER: I don't see Mr. Beyrent here.
CHAIRMAN SOLIS: Okay.
MR. MILLER: Dawn Smith.
UNIDENTIFIED SPEAKER: She had to leave.
MR. MILLER: Rae Ann Burton. Ms. Burton.
CHAIRMAN SOLIS: We're not going to consider it today, so I
would suggest --
MS. BURTON: You're not going to consider it today?
CHAIRMAN SOLIS: No. It's being -- it looks like it's going to
be continued.
COMMISSIONER TAYLOR: Till November.
MS. BURTON: So in other words, I've got to get up at 6 o'clock
and come back?
CHAIRMAN SOLIS: If you want to talk about it, you'll have to
October 23, 2018
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get up at 6 o'clock, I guess.
MS. BURTON: I will.
CHAIRMAN SOLIS: Okay. And your other registered speaker
is Michael Ramsey.
MR. RAMSEY: I understand.
CHAIRMAN SOLIS: Don't --
MR. RAMSEY: I understand.
CHAIRMAN SOLIS: Don't mess it up.
MR. RAMSEY: It will be quick.
Mike Ramsey, president of the Golden Gate Estates Civic
Association.
After the September 6th public hearing, we had a meeting with
GGECA about this, and Nick came and visited, and he past (sic) came
to visit, and we had a very open discussion about also a lot of the issue.
And it kind of boiled down to three things. It kind of came off
Commissioner Saunders' suggestion to relook at the budget. We came
up with three points after that to keep considering on this. One is we
thought that the proposed budget should be cut by two-thirds so that
one-third total remains, and then work from that over three years.
Number two, we thought that that suggested cut should
extrapolate into reduced fees for businesses, very importantly, and
push the cost to residential homeowners to $100 or less per year.
And the most important thing that came out of the meeting for
consideration was almost everybody in the meeting wanted it to be ad
valorem. So keep that for consideration.
Thanks.
CHAIRMAN SOLIS: Okay? Do you want to speak.
MS. BURTON: I would like to make a comment.
CHAIRMAN SOLIS: Okay. It's up to you.
MS. BURTON: Dawn Smith isn't here because she had to take
her father to the doctor.
October 23, 2018
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CHAIRMAN SOLIS: She can't cede you her time if she's not
here.
MS. BURTON: That's right.
She did have a question on the sale tax. It was quoting on
Facebook that if the -- by One Collier, whoever they are, that if the
one-cent sales tax wasn't passed, property taxes would go up 20
percent, but I don't know.
My name is Rae Ann Burton. I live in Golden Gate Estates.
Agenda 11G does concern me. I believe this is an unfair tax. It should
be -- it is a replacement for collected taxes that was misused and not
used. It's a tea tax.
The Estates will not benefit. They haven't for years. Our swales
and our ditches have pine trees over six feet tall, which has to be there
more than one year. It should be on the ballot, and it should be voted
by the people. The only way to make it fair is it to put meters that
record actual amount of property water runoffs. It's no more ridiculous
than the aerial views estimates on your calculations without completely
testing the properties' retention or expel the rainwater at all.
This taxation -- well, and the property will double our taxes on
our property. It will also increase high rents. It will cause -- create
higher cost of food and products because commercial business will
pass it to us.
The data that was stunned (sic) last time was so badly flawed that
bushes and shadows were counted as impervious areas. The state
states that it can be used for stormwater. What qualifies as
stormwater?
Recommendations to eliminate unpaved driveways is fine, but
what about houses set back? Paved driveways should be eliminated as
well.
The biggest concern is the property tax. It is a double tax.
Collier voters are paying in (sic) about this in September, over
October 23, 2018
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four hours of comments. You were not listening? This should be
removed, another way found to replace the money that was misused.
The Estates is a stepchild first to be hit for money and the last, if
ever, to get the benefit.
I thank you, and I thank you -- consider the wishes of the voters.
That means you commissioners. Remove this fee. It's double taxation.
Thank you.
MR. MILLER: That was it, sir.
CHAIRMAN SOLIS: Okay. There's a motion and a second.
The motion is to continue this item till the November first -- or the
only November of meeting. Any other discussion?
(No response.)
CHAIRMAN SOLIS: All in favor, say aye.
COMMISSIONER McDANIEL: Wait a second. Were you in
question there, Commissioner Saunders?
COMMISSIONER SAUNDERS: No. We were just trying to
figure out what day. I think it's the 15th.
MR. OCHS: November 13th.
COMMISSIONER McDANIEL: November 13th. I know it
well.
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: It's continued.
MR. OCHS: Thank you.
October 23, 2018
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Item #11C
RECOMMENDATION TO AWARD INVITATION TO BID (ITB)
SOLICITATION NO. 18-7438, GMD BUILDING NORTH NEW
HVAC SYSTEM, TO DEC CONTRACTING GROUP, INC. FOR
REMOVAL AND REPLACEMENT OF HVAC AND ROOFING
SYSTEMS AT THE GMD BUILDING NORTH, IN THE AMOUNT
OF $3,351,932, AND AUTHORIZE THE CHAIRMAN TO
EXECUTE THE ATTACHED AGREEMENT – APPROVED
That takes you to Item 11C, Mr. Chairman. This is a
recommendation to award an invitation to bid for the Growth
Management Department building new HVAC system to DEC
Contracting Group, Incorporated, for removal and replacement of
HVAC and roofing systems at the Growth Management Building
North in the amount of $3,351,932, and authorize the Chairman to
execute the attached agreement.
Mr. McCormick will present.
(Commissioner Taylor left the hearing room for the remainder of
the meeting.)
CHAIRMAN SOLIS: There's --
COMMISSIONER FIALA: Motion to approve.
MR. MILLER: I do have one registered speaker, sir.
CHAIRMAN SOLIS: But there is a motion.
COMMISSIONER SAUNDERS: And I do have a question.
CHAIRMAN SOLIS: Okay. I'll second the motion just for
purposes of discussion.
COMMISSIONER SAUNDERS: My understanding, this is
probably a question for staff and maybe a question for the Clerk’s
Office.
My understanding is that there has been some difficulty with
October 23, 2018
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making sure that DEC's subs are being paid, and if that's the case, then
I just want to see if it is the case, and if it is, then I think we need to
talk a little bit about that.
MR. OCHS: Dan?
MR. RODRIGUEZ: Good afternoon, Commissioners. For the
record, Dan Rodriguez, your deputy department head, Public Utilities.
Our contractor is here with DEC, the president, and actually he
has paid his contractors on two projects fully. He has not paid two
contractors because they haven't completed their work, and he had to
step in -- they were actually in breach of their contract. And he has the
details of that.
COMMISSIONER SAUNDERS: I don't have an issue as long as
we're not having subs that are not being treated properly. Apparently
that's not the case.
MR. OCHS: I think I'll look to Mr. Teach if there's any other
obligation on the Board's part in this matter.
MR. TEACH: Commissioner, Scott Teach, Deputy County
Attorney. An issue came up that the Clerk raised last week. We've
been in discussions with procurement. We don't see an issue that
would be an obstacle for the approval of this item. There was some
questions regarding subcontractors.
I spoke with Crystal earlier today. We don't see it as an issue.
COMMISSIONER SAUNDERS: All right.
CLERK KINZEL: I did ring my bell.
There is -- and I think the speaker on this agenda item is the
person that phoned our office regarding the nonpayment.
As I explained to the Commissioners when I met with you
yesterday, we have been contacted by two vendors regarding
nonpayment on other projects.
I spoke with the representative from DEC in the hallway. He's
indicated those are individual issues. There would still remain an issue
October 23, 2018
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with the project management, and one of our concerns was that the
subcontractor that had called in question was not listed in the
documents anywhere in the county's contract or proposals as a
subcontractor. That makes it very difficult to look for completion and
payment affidavits on construction projects.
But we've been working with procurement, legal. We just had
not vetted everything. So I understand maybe some of the parties are
here that had contacted our office, and the information, we can maybe
hear it a little bit today and just make sure that our understanding's
correct.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yeah. And, Commissioner
Saunders, with regard to that, that was my understanding, that that's
not just -- there's an issue with the general contractor who lists -- gives
us a list of subs they're going to use on a particular job. And they're
required per the main contract to -- and are allowed to adjust subs, but
they've got to tell us. And they have adjusted subs, didn't give us
proper notice, or our project manager wasn't paying close enough
attention.
I'm not saying there was anyone (sic) that was done in error; it
just -- circumstantially, these subs -- and there are several, if I
understood what Crystal --
CLERK KINZEL: That's what we heard.
COMMISSIONER McDANIEL: More than one -- that I
understood where the general contractor had failed to give the proper
notice of the adjustment of the subcontractor, and that was a potential
systemic issue, so...
COMMISSIONER SAUNDERS: I'm assuming that the DEC has
that message, that we need to know who the subs are and --
MR. RODRIGUEZ: We do, absolutely. We talked with Crystal
in the hallway, and we will adjust our processes to make sure we're in
October 23, 2018
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compliance, absolutely.
CHAIRMAN SOLIS: Okay. Do we have a public speaker?
MR. MILLER: Yes. I have one registered speaker. All I have is
the first name. Kurt.
MR. HAMBSCH: Yes.
MR. MILLER: Could I get your last for the record, sir?
MR. HAMBSCH: Kurt Hambsch.
MR. MILLER: Can you spell that for me?
MR. HAMBSCH: H-a-m-b-s-c-h, and I'm the owner of Southern
Gulf Construction.
MR. MILLER: Go ahead.
MR. HAMBSCH: All right. I'm here today to make you aware
that we did the work at the Eagle Lakes water park for DEC
Construction. We had a contract with him and, obviously, he didn't
put us on the permit, so he should be liable for something, because
right now he owes me $110,000 that he's denying not to pay me for
this job.
We worked this job till the last day. We even did the punch-out
work, and then he sent us the 72-hour notice saying that we were in
fault (sic) for the job so he could get around paying me the $110,000,
you know.
I've got to hire an attorney. I've been fighting for this for six
months. My vendors are cutting me off, Argos, HD Supply. I'm trying
to run a business, and this guy's just trying to take money for himself
and putting it in his pocket.
He also signed affidavits with you people saying that all the subs
were paid. All the subs weren't paid, especially me. And my name
wasn't on the permit, so you wouldn't know that I didn't get paid. So
something -- something is really wrong here. And now I'm out
$110,000, but everybody here sounds like they're on his side.
So I recommend that Collier County should investigate this
October 23, 2018
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further and not give him any more contracts until this gets straightened
out and this gets really into and resolved with more investigation
conducted, and he should not get any more jobs until this gets
resolved. That's all.
CHAIRMAN SOLIS: That's it?
COMMISSIONER SAUNDERS: Mr. Chairman, I think we need
to hear from the representative of DEC.
CHAIRMAN SOLIS: If they want to speak.
MR. MASCH: Yes. For the record, I'm Doug Masch, DEC
Contracting.
So we completed that job on time, actually two days early, and
got it open for Father's Day and underbudget within the schedule
allowed for the -- by the county.
I abided by all my terms of the contract agreements, the prime
contract and subcontract agreement. The bond company, his job is
required to have a P&P bond on it. The bond company has been
notified. And there's been no cost to the county on this. Because you
guys have a P&P bond on this project, that's your protection. And the
bond company is aware of this.
And I don't want to go into --
CHAIRMAN SOLIS: You paid for the bond --
MR. MASCH: Yes.
CHAIRMAN SOLIS: -- correct?
MR. MASCH: Uh-huh. Well, I mean, it's required to be included
in the bid. It's a requirement of the contract. So the county, actually,
pays for it --
CHAIRMAN SOLIS: Well, but --
MR. MASCH: -- in the bid process.
CHAIRMAN SOLIS: -- it's in your bid?
MR. MASCH: It's included, yes, correct.
And there's -- you are not -- the contract will not be executed if
October 23, 2018
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the bond was not in place. That's one of the stipulations to execute the
contract is to have the bond in place.
So I have a feeling that this matter between DEC Contracting and
Southern Gulf Construction is probably going to take a legal turn, so,
you know, for sake of that, there's -- I don't want to get into all the
weeds of everything that is involved with that.
But I do pay all my subcontractors. This is a very unusual
circumstance. I do a lot of work for you guys, and this does not come
up very often. So it's -- there's a disagreement. There's work that
wasn't completed. I had to hire a different subcontractor to complete
the work, and that's what I did to get the project open, which was
completing my contract with you guys, and that's what I had to do to
get the project done.
And I've completed all my projects on time and underbudget for
you guys, all the projects that I've done for you guys. So I don't think
that, you know, this should be contingent on the word of the GMD
building.
CHAIRMAN SOLIS: Okay. I just have a quick question.
So from the County Attorney's standpoint, there's no exposure for
the county. There's a bond in place that would cover --
MR. TEACH: We have no privity with the subcontractor.
Without having seen the final pay application, which I presume DEC
attests in their final pay application that they have paid all
subcontractors -- and from the explanation that I've heard from the
gentleman today, is that he had to have a replacement subcontractor in
order to complete the work in accordance with the contract, which
appears to be what has been done, and that this gentleman, he had a
separate contractual relationship and a different dispute with him and
that he satisfied his contractual duty to the county by engaging another
subcontractor, which may be -- I don't know whether it was a listed
subcontractor, because I haven't seen the final pay application. That
October 23, 2018
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doesn't come to me.
But as far as the county's exposure, the county doesn't have
exposure on this based on the performance bond that's been posted and
based on our relationship being in direct privity with DEC and not with
the subcontractor.
MR. MASCH: And for the record, the final pay application,
which is the retainage application, has not been submitted. We are
waiting on a change order process. I think that's scheduled for the
13th -- the 13th meeting, and so I'm not able to bill for the retainage
portion of it until the -- until that change order has been approved, so
then I bill for the change order and the retainage at the same time.
So just to be clear that -- all the documents that are incorporated
with the final application, those have not been processed yet. You
know, I think you've made mention of a form and Kurt may have made
mention of a form, that I signed a form saying that I paid everybody.
That hasn't taken place because the final pay application hasn't been
submitted yet.
CHAIRMAN SOLIS: And just out of curiosity, what's the
retainage in relation to what the claim is?
MR. MASCH: His portion of retainage?
CHAIRMAN SOLIS: No. Just the retainage overall in relation
to what --
MR. MASCH: For the entire project, I believe it's a little less
than a half million dollars.
CHAIRMAN SOLIS: And the claim is?
MR. MASCH: 110-, I believe, his claim is.
CHAIRMAN SOLIS: That's all I have.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. And it was just a
clarification.
Are we having issue with the general contractor utilizing subs that
October 23, 2018
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aren't on the list of the original contract?
CLERK KINZEL: That's what we've discovered on the pay app
for Eagle Creek.
And, Commissioners, this just came to our attention last week, so
I do know there's about 59,000 outstanding that's been billed. I have
no idea how much is left on the retainage. Our office has not even
received those. But our concern was that subs that were not listed or
registered had said they were not being paid, and we had basically paid
out everything but about 59,000 on the project, assuming it was
completed. But I'm hearing the job was completed, but you're doing a
change order now after the job's completed?
MR. OCHS: No.
CLERK KINZEL: No?
MR. CASALANGUIDA: The final process is -- your last
closeout for a project is the final change order. It closes
everything -- all the work directives out, and that's what happens.
CLERK KINZEL: Okay. So you didn't have a change order and
work according to the contract prior to that; it is just your retainage
closing?
MR. RODRIGUEZ: For the record, Dan Rodriguez.
Actually, it's a change order for the final pieces and it's -- I
believe it's about 30-, $40,000. So that project has the punch-out list,
and there are some other items -- owner driven that they wanted
installed: Bikes racks, things like that, and they required additional
pads. Final closeout.
MR. OCHS: Final closeout.
CLERK KINZEL: I don't know. I'm hearing a change order after
the work is done. But we'll have to look at that when the paperwork's
submitted to our office.
As I said, I spoke with the gentleman and one other. After he
called us last week, we had also received an attorney letter from a
October 23, 2018
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different gentleman on a different project regarding DEC. So I think
that's why all the parties are here.
We'll continue to go through the paperwork regarding the
payment, and I can look at that. It is a totally separate issue from this
one, but I wanted to get as much information as we could with
everybody in the room. Thanks.
MR. OCHS: We'll make sure that our general contractor keeps
current with the list of subcontractors, so we can make sure that the
Clerk’s Office has that.
CHAIRMAN SOLIS: Well, that was my question. You said
subs. I hear one sub.
CLERK KINZEL: On that job. On this job. And I have not
investigated other subs. This gentleman came forward last week. So
I've not investigated who he had on this job yet or anything in that
regard, Commissioner. This just came up to us late last week.
I had spoken with staff, spoke with purchasing, legal, trying to
just get as much information as we could before today. So you've
heard what I've heard.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Never mind. I just don't understand
all of this. I mean, that he's going unpaid. Did he do the job? He says
he did do the job. Did he do the job?
MR. RODRIGUEZ: For the record, if I may, there was actually
3,000 square feet of concrete that was poorly done, and it cracked.
And I personally, with Jim Morton, the project manager, toured that
with the superintendent, as well as Margaret Bishop, and there were
probably at least 15 areas of that pool deck that were cracked. Those
had to be removed and replaced. And according to our contractor, his
sub did not want to do that.
CHAIRMAN SOLIS: Sir, we're not going to try your dispute
with the contractor. And you've already had your three minutes. So
October 23, 2018
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let's -- we have to move on. Thank you.
Okay. Anything else? Is there a motion to award the invitation to
bid?
COMMISSIONER McDANIEL: It's already been done.
CHAIRMAN SOLIS: Is there a motion?
COMMISSIONER SAUNDERS: I'll move to approve it.
COMMISSIONER McDANIEL: It's been -- Commissioner Fiala
motioned it before we ever started into the rendition. Somebody on
that side seconded it. I don't know if it was Ms. Taylor or --
COMMISSIONER SAUNDERS: I'll second it again.
CHAIRMAN SOLIS: There's a motion and a second.
COMMISSIONER McDANIEL: And as a point of discussion, if
I may, it's just important that we're not here to vote on the validity of
the paying of the subs and whether there's a litigious issue between that
sub and the GC. We're here to vote on a contract either -- issuance for
another project. And so that's what we're going to do.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: (No verbal response.)
CHAIRMAN SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: It's approved.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that takes us, I believe, to Item 15,
October 23, 2018
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staff and commission general communications.
Just a couple of quick things for me. Commissioners, these are
just reminders of upcoming workshops, two on February 5th and then
one on March 5th. And we've gotten confirmation on the fertilizer
workshop and the afternoon of February 5th that the municipalities
will all be here and participating as the Board had requested.
CHAIRMAN SOLIS: Thank you.
MR. OCHS: And the only other thing I have, Commissioners,
this morning we had the privilege of honoring the distinguished public
service award recipients for 2018. I just wanted to also acknowledge
and share with you a list of Collier County Government employees
both from your agency and from the Sheriff's Department and the
Florida Department of Health.
This is a list of 55 county employees who volunteered to be
deployed up to the Panhandle to go up there and spend time under
adverse conditions to help our fellow Floridians recover from
Hurricane Michael, and we're very proud of the work they've done, and
I know you are all as well. I'd like, with the Board's permission, to pen
a letter for the Chair's signature to each one of them thanking them for
their service.
That's all I have. Thank you.
COMMISSIONER McDANIEL: So moved. Do you need a
motion on that?
MR. OCHS: Just a consensus. Thank you.
COMMISSIONER FIALA: Sure.
COMMISSIONER McDANIEL: Positive head nod.
MR. OCHS: Thank you.
CHAIRMAN SOLIS: Sure.
MR. OCHS: Thank you.
CHAIRMAN SOLIS: County Attorney?
MR. TEACH: Nothing today. Thank you.
October 23, 2018
Page 154
CHAIRMAN SOLIS: Clerk?
CLERK KINZEL: No, nothing more. Thank you.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Nothing.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Commissioner Saunders, how is the
Golden Gate golf course coming? I know you're working on that.
COMMISSIONER SAUNDERS: Too early to tell. But let's
check back in December, because it's going to take a little time.
COMMISSIONER FIALA: I'm going to tell you, I just rode by it
yesterday. It's beautiful. Wow, it's really looking good. Okay.
I had a couple other things. I'm trying to read them, though.
That's the problem; can I read my own writing?
CHAIRMAN SOLIS: I have that problem.
COMMISSIONER McDANIEL: Do you remember --
COMMISSIONER FIALA: I think I'll just -- I'll just say that at
another meeting.
CHAIRMAN SOLIS: Okay. Commissioner Saunders?
COMMISSIONER SAUNDERS: One quick item just -- maybe
you can give us a little bit of an update in November on the Emergency
Medical Services for the City of Marco Island. Obviously, the
referendum failed. You had made an offer to have a second unit there
if they would pay the difference between what it costs for the seasonal
unit and what it would cost for a full-time unit. That was, I think, a
very wise suggestion.
And why don't you check back with them and see if they're
willing to continue to -- or willing to accept that as an alternative to
getting a second unit there.
MR. OCHS: Yes, sir. In fact, I can give you a two-second
update. Commissioner McDaniel asked me the same thing.
Commissioner Fiala and I and Chief Butcher and Len Price sat
October 23, 2018
Page 155
down with a contingent from Marco Island a couple weeks ago at their
request to discuss that very topic. I went over again the three options
that we had presented for a second full-time ambulance on the island.
We engaged in some more discussion.
I've sent a letter back to them that I'll -- back to the City Manager
that I'll send a copy of to all of you this afternoon that kind of lays out
where we are in the process.
So the ball's kind of in their court based on the correspondence
that I sent, and I'll be happy to send that to all of you today.
COMMISSIONER SAUNDERS: Thanks.
MR. OCHS: Thanks for bringing that up.
CHAIRMAN SOLIS: The only thing I was going to bring up
was, I thought we saw something today that I don't know that at least
I've seen since I've been on the Board, and I think it's, one, significant
and, two, important that we foster more of, and that was, there was a
young gentleman here. He was probably in his 30s, maybe not even
30s.
COMMISSIONER McDANIEL: That one that spoke on the
evidence base for housing?
CHAIRMAN SOLIS: Yes.
COMMISSIONER McDANIEL: Yes. That's why I suggested
we hire him.
CHAIRMAN SOLIS: Well, I mean, you know, we -- and this is
something that I'll probably be bringing forward in the future is we
have a senior advisory committee, and most of the issues that we
discuss, affordable housing, our workforce, really don't relate even to
seniors. They relate to the workforce that we need, not retirees.
And one of the things I think that we're lacking is a group or an
advisory committee that advises us on things that relate to that, right,
our workforce, the folks that we are talking about when we are talking
about affordable housing and creating and diversifying the economy.
October 23, 2018
Page 156
I think we need some group or advisory panel related to the
interests and the needs of the people that are going to be the future
leaders of Collier County. So I will be bringing that. And I'm very
glad he was here, because we need to hear that from them.
COMMISSIONER FIALA: And not the same people that are on
all the other committees and they're going to repeat the same thing --
CHAIRMAN SOLIS: Right, exactly.
COMMISSIONER FIALA: -- but somebody who can give us a
new and fresh approach, right?
CHAIRMAN SOLIS: Exactly. And they're -- you know, if we're
talking about housing, their interests -- people under 30, under 40, the
kinds of housing that they're interested in is completely different from
what --
COMMISSIONER FIALA: That's right. That's exactly what
they're saying.
CHAIRMAN SOLIS: -- probably all of us are interested in.
COMMISSIONER FIALA: As well as they usually mention,
want them closer to their jobs.
CHAIRMAN SOLIS: Right, right.
COMMISSIONER FIALA: And we keep -- as I say, we keep
putting them in the same place, and we keep building the lowest, but I
think they want a little bit better than low. And this new Habitat, they
said they're going to build up to 80.
But I know that in East Naples, anyway, they're building a lot of
good places there that -- in lower/middle income, and that's a good
thing, because that's what we've been asking.
As long as we're talking about this, Leo, can you possibly, you or
Nick or whoever, could you give us a count of what all they say they
need right now. No. First of all, what affordable housing we have on
the ground, all of it, and what they say we need, because there's a lot of
new stuff that are going up and opening up right now that look really
October 23, 2018
Page 157
positive, and nice-looking stuff, too, and then what we need after
they -- whatever we have on the ground. Can you do that?
MR. OCHS: I can. I have to say that most of those new
apartments that you talked about aren't affordable under the definition
that the Board has adopted as affordable. They're market-rate units
that some of the developers have said they're going to try to make
available to people at the high end of your income levels, but --
COMMISSIONER FIALA: But when they have a density bonus
because they're building affordable, they --
MR. OCHS: Yeah, you've given some density just for
market-rate complexes. No requirement to make them affordable.
COMMISSIONER McDANIEL: Yes.
MR. OCHS: Yes, we have.
COMMISSIONER McDANIEL: Yes, we have. Yes, we have.
MR. OCHS: Yes, I know what you're --
COMMISSIONER FIALA: Yeah, right now we don't really
know anything. I mean, we just hear we need this, and this is how
much we have, but we don't have anything to really, like, understand.
You have to get out of here, Burt, I mean, Commissioner
Saunders? Excuse me.
MR. OCHS: Yes. I have an idea what you want. I'll try to put
that together and send it out.
COMMISSIONER FIALA: Yeah, because I think we need -- we
need to know what we're shooting for.
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: Now, if we have, like, this many that
are all just for low income but we have nothing for the middle income
and a little bit for the high, well, then we need to know what we need
to be building. But until then we don't know.
MR. OCHS: Okay. I'll pull it together.
COMMISSIONER FIALA: I know it's a tough challenge.
October 23, 2018
Page 158
MR. OCHS: No. We already have it essentially put together. It's
in your housing plan, but --
CHAIRMAN SOLIS: Housing plan.
MR. OCHS: -- we'll pull it out and --
COMMISSIONER FIALA: But they'll be updated numbers now,
right?
MR. OCHS: Yes.
COMMISSIONER McDANIEL: And that's where he moves
over -- and he keeps looking at me, because he moves over into that
metrics of need that they keep bringing forward that I kick the podium
every time they bring forward. So that's the reason that he's hedging
because -- he's not hedging. That's the reason that he's hesitating with
regard to that process.
COMMISSIONER FIALA: Some of the housing that's going up
was, I thought, reasonable, like the one that they're going on
Thomasson, what is it, the four-story there. They're building it out of
wood, of all things, but anyway --
COMMISSIONER McDANIEL: The new one there by New
Hope Church on Davis and Santa Barbara. That's a 16-unit-an-acre
project that we approved last year. So there's a fairly high density for
what we usually see around here, a project that's coming on. The one
Commissioner Taylor talked about over at the old Grand Central
Station is another fairly dense project for what we're used to seeing,
so...
COMMISSIONER FIALA: Well, yeah. But you know what,
that's $750,000 a unit.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER FIALA: Let's face it. That's a different
density than when you have low income.
COMMISSIONER McDANIEL: But that's market.
MR. OCHS: Okay. I will take a stab at it, yes, ma'am.
October 23, 2018
Page 159
CHAIRMAN SOLIS: Thank you. We're adjourned.
COMMISSIONER FIALA: Thank you.
**** Commissioner Fiala moved, seconded by Commissioner
Saunders and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted ****
Item #16A1
RESOLUTION 2018-181: ANNOUNCING A PUBLIC HEARING
TO CONSIDER VACATING COUNTY AND PUBLIC INTEREST
IN A 70’ X 439’ PORTION OF THE RIGHT-OF-WAY KNOWN
AS RECREATION LANE, AS RECORDED IN ROAD BOOK 3,
PAGE 26 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED APPROXIMATELY ONE THIRD OF A
MILE EAST OF SANTA BARBARA BOULEVARD, IN SECTION
33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. (VAC-PL20180001007) – THE HEARING
WILL BE ADVERTISED IN THE LOCAL PAPER AND
ADJOINING PROPERTY OWNERS WILL BE GIVEN NOTICE
Item #16A2
AWARDING BID #18-7413 LEGAL COUNSEL FOR THE CODE
ENFORCEMENT AND NUISANCE ABATEMENT BOARD TO
SCHNECK LEGAL
Item #16A3
RELEASE OF A CODE ENFORCEMENT LIEN WITH A VALUE
OF $7,211.80 FOR PAYMENT OF $611.80 IN THE CODE
October 23, 2018
Page 160
ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY
COMMISSIONERS V. JOHN CHARLOT, CODE
ENFORCEMENT BOARD CASE NO. CELU20170013030
RELATING TO PROPERTY LOCATED AT 1591 WILSON BLVD
N, COLLIER COUNTY, FLORIDA – CONSISTING OF
RECURRING VIOLATIONS OF LARGE AMOUNTS OF LITTER
Item #16A4
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
FACILITIES FOR GREYHAWK AT GOLF CLUB OF THE
EVERGLADES AMENITY CENTER, PL20160003182, ACCEPT
UNCONDITIONAL CONVEYANCE OF A PORTION OF THE
POTABLE WATER AND SEWER FACILITIES, AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $22,199.95 TO THE PROJECT ENGINEER OR
DEVELOPER’S DESIGNATED AGENT
Item #16A5
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF POTABLE WATER UTILITY FACILITIES FOR PALAZZO
AT NAPLES PHASE 1A, PL20150000003 AND THE SEWER
UTILITY FACILITIES FOR PALAZZO AT NAPLES PHASE 1B,
PL20150000208, AND 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 DEVELOPER’S DESIGNATED AGENT
October 23, 2018
Page 161
Item #16A6
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR PALAZZO AT NAPLES PHASE 2, PL20150000612 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
Item #16A7
RESOLUTION 2018-182: FINAL ACCEPTANCE OF ROADWAY
AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF
SIENNA RESERVE, APPLICATION NUMBER PL20130002033,
AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY, AND ACCEPTANCE OF THE PLAT DEDICATIONS
Item #16A8
AFTER-THE-FACT APPROVAL REQUESTING AN EXTENSION
OF THE PERIOD OF PERFORMANCE OF SOUTH FLORIDA
WATER MANAGEMENT DISTRICT (SFWMD) GRANT
AGREEMENT #4600003760 TO JUNE 30, 2019 FOR
CONSTRUCTION OF THE LELY BRANCH CANAL WEIR TO
MAINTAIN ADEQUATE THE FLOOD PROTECTION LEVEL OF
SERVICE (LOS) AND ENHANCEMENT OF REGIONAL WATER
SUPPLIES. (PROJECT COSTS ESTIMATED AT $497,000)
Item #16A9
October 23, 2018
Page 162
CHANGE ORDER NO. 3 TO CONTRACT #18-7239 WITH
FERREIRA CONSTRUCTION CO., INC. IN THE AMOUNT OF
$159,983.53 REQUIRED FOR THE “WIGGINS & DOCTORS
DREDGING PROJECT”, AUTHORIZE THE NECESSARY
BUDGET AMENDMENT AND MAKE A FINDING THIS ITEM
PROMOTES TOURISM – THE CHANGE ORDER INCLUDES
CONTRACT CREDITS FOR MATERIAL NOT DREDGED AT
WIGGINS PASS AND INCLUDES AN INCREASE IN THE
QUANTITY OF MATERIAL DREDGED FROM DOCTORS PASS
AS A RESULT OF SHOALING CAUSED BY HURRICANE
IRMA AND 24/7 TURTLE MONITORING CAUSED BY
SCHEDULE DELAYS FROM INCLEMENT WEATHER AND
MECHANICAL FAILURES
Item #16C1
AMENDMENT #1 TO THE LEASE AGREEMENT WITH KRAFT
OFFICE CENTER, LLC, TO EXTEND THE LEASE TERM FOR
TEMPORARY OFFICE SPACE UTILIZED BY THE
UNIVERSITY EXTENSION OFFICE – EXTENDS A LEASE
TERM THAT WILL EXPIRE DECEMBER 14, 2018 TWO
ADDITIONAL MONTHS AT THE KRAFT CENTER ON PINE
RIDGE ROAD
Item #16C2
PERMISSION TO TEMPORARILY ACCESS COUNTY
PROPERTY TO FACILITATE REPAIR OF A WALL ON
CARLTON LAKES PROPERTY THAT WAS DAMAGED BY
HURRICANE IRMA – WORK SHOULD ONLY EXTEND
10-FEET ONTO COUNTY PROPERTY, AND NOT INTERFERE
October 23, 2018
Page 163
WITH THE WELL SITES ON THE PROPERTY
Item #16C3
AWARDING INVITATION TO BID #18-7415 “CHLORINATOR
EQUIPMENT MAINTENANCE” TO WATER TREATMENT &
CONTROLS TECHNOLOGY, INC., D/B/A WATER
TREATMENT & CONTROLS, FOR REPAIR AND
MAINTENANCE OF CHLORINE AND AMMONIA EQUIPMENT
– TO MAINTAIN DISINFECTION CHEMICAL PUMPING
EQUIPMENT AT WATER DIVISION WATER TREATMENT
AND REPUMP STATIONS
Item #16C4
FIRST AMENDMENT TO AGREEMENT #11-5782 WITH HOLE
MONTES, INC., TO INCREASE THE CONTRACT TIME AN
ADDITIONAL THREE (3) YEARS FOR BASIN 305 OF THE
"WASTEWATER BASIN PROGRAM" FOR ADDITIONAL
PROFESSIONAL SERVICES DURING CONSTRUCTION
Item #16C5
SECOND AMENDMENT TO AGREEMENT #11-5782 WITH
AECOM TECHNICAL SERVICES, INC., TO INCREASE THE
CONTRACT TIME FOR AN ADDITIONAL THREE (3) YEARS
FOR BASIN 306 OF THE "WASTEWATER BASIN PROGRAM"
FOR ADDITIONAL PROFESSIONAL SERVICES DURING
CONSTRUCTION
Item #16C6
October 23, 2018
Page 164
FOURTH AMENDMENT TO AGREEMENT #11-5782 WITH
CDM SMITH, INC., TO INCREASE THE CONTRACT TIME AN
ADDITIONAL THREE (3) YEARS FOR BASIN 101 OF THE
"WASTEWATER BASIN PROGRAM" FOR ADDITIONAL
PROFESSIONAL SERVICES DURING CONSTRUCTION
Item #16C7
CHANGE ORDER NO. 6 TO ALLOW THE USE OF
ALLOWANCE FUNDS FROM CONTRACT #16-6638 FOR THE
RELOCATION OF PUMP STATIONS 101.06 AND 101.07,
WITHIN THE VANDERBILT CUL-DE-SACS PUBLIC
UTILITIES RENEWAL PROJECT LIMITS, PROJECT 70122 –
LOCATED ALONG VANDERBILT DRIVE BETWEEN THE
CANAL AND SIDEWALK, ADJACENT TO THE
ENVIRONMENTALLY SENSITIVE VANDERBILT LAGOON
Item #16D1
AMENDMENT NO. 1 TO THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN COLLIER COUNTY
AND CITY OF NAPLES FOR COMPLETION OF THE 8TH
AVENUE SOUTH BEACH PARK IMPROVEMENTS,
EXTENDING THE PROJECT THROUGH SEPTEMBER 30, 2019
– DUE TO DELAYS CAUSED BY HURRICANE IRMA AND TO
AVOID EXTENSIVE WORK DURING SEASON
Item #16D2
AN AGREEMENT BETWEEN COLLIER COUNTY AND DAVID
October 23, 2018
Page 165
LAWRENCE MENTAL HEALTH CENTER TO ADMINISTER
THE ALLOCATION OF THE STATE MANDATED MATCH FOR
FY19 IN THE AMOUNT OF $2,021,922 – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16D3
TWO (2) SATISFACTIONS OF MORTGAGE FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN
PROGRAM IN THE COMBINED AMOUNT OF $22,750
Item #16D4
TEN (10) SATISFACTIONS OF MORTGAGE FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN
PROGRAM IN THE COMBINED AMOUNT OF $147,884.23 – AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D5
AMENDMENT #2 TO AGREEMENTS WITH LEECORP HOMES,
INC., PRESTIGE HOME CENTERS, INC., AND RURAL
NEIGHBORHOODS, INC., FOR THE STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) DEMOLITION AND/OR
REPLACEMENT OF MOBILE/MANUFACTURED HOUSING
AND OWNER-OCCUPIED REHABILITATION PROGRAM
STRATEGIES TO INCREASE FUNDING AND PERFORM
ADDITIONAL ALLOWABLE ACTIVITIES – AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16D6
October 23, 2018
Page 166
THREE (3) STATE HOUSING INITIATIVE PARTNERSHIP
(SHIP) SPONSOR AGREEMENTS WITH FL STAR
CONSTRUCTION, LLC IN THE AMOUNT OF $300,000, JLH
SUSTAINABLE HOUSING, LLC IN THE AMOUNT OF $150,000,
AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
IN THE AMOUNT OF $400,000, FOR THE CONSTRUCTION
ASSISTANCE STRATEGY AND ALLOW THE CHAIRMAN TO
RELEASE THE SPONSOR’S NOTE AND MORTGAGE UPON
SALE TO A HOMEBUYER – TO CONTINUE TO PROMOTE
AFFORDABLE HOUSING STRATEGIES FOR VERY-LOW,
LOW, AND MODERATE-INCOME PERSONS THROUGH THE
SHIP PROGRAM
Item #16D7
FIRST AMENDMENT TO STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM SPONSOR AGREEMENT
WITH COLLIER COUNTY HOUSING AUTHORITY TO ADD
FISCAL YEAR 2017-2018 GRANT FUNDING IN THE AMOUNT
OF $300,000 FOR THE ACQUISITION OF RENTAL PROPERTY
Item #16D8
FOUR (4) STATE HOUSING INITIATIVES PARTNERSHIP
PROGRAM (SHIP) IMPACT FEE RELEASES OF LIEN FOR THE
ASSOCIATED OWNER-OCCUPIED AFFORDABLE HOUSING
DWELLING UNITS WHERE THE FIFTEEN (15) YEAR
OBLIGATION HAS BEEN MET – FOR PROPERTIES IN
NAPLES AT 12133 FULLER LANE, 12139 AMERICUS LANE,
5374 CAROLINA AVENUE AND IN IMMOKALEE AT 1102
October 23, 2018
Page 167
SERENITY WAY
Item #16D9
THREE (3) RELEASES OF LIEN FOR FULL PAYMENT OF
DEFERRAL OF 100 PERCENT (100%) OF COUNTYWIDE
IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS – FOR PROPERTY IN
IMMOKALEE AT 3588 LIBERTY WAY AND 3795 JUSTICE
CIRCLE AND IN NAPLES AT 9047 GERVAIS CIRCLE
Item #16D10
ONE (1) RELEASE OF LIEN FOR AN AFFORDABLE HOUSING
DENSITY BONUS AGREEMENT AND SUBORDINATION
AGREEMENT FOR A UNIT WHICH IS NO LONGER SUBJECT
TO THE TERMS OF THE AGREEMENT – FOR PROPERTY IN
AVE MARIA
Item #16D11
GRANTING STANDING OAKS, LLC PERMISSION TO
TEMPORARILY ACCESS COUNTY PROPERTY AT
VINEYARDS COMMUNITY PARK TO FACILITATE THE
INSTALLATION OF A WATER LINE AND SANITARY FORCE
MAIN – INSTALLED IN RIGHT-OF-WAY LANDS ADJACENT
TO THE PARK
Item #16D12
AMENDMENT #1 TO THE MEMORANDUM OF
October 23, 2018
Page 168
UNDERSTANDING (MOU) BETWEEN COLLIER COUNTY
AND THE UNIVERSITY OF FLORIDA BOARD OF TRUSTEES
ON BEHALF OF COLLIER COUNTY EXTENSION (UF) TO
CLARIFY AND UPDATE SHARED SALARY AND BENEFIT
CONTRIBUTIONS OF COLLIER COUNTY AND UF AS
STATED IN THE MOU DATED FEBRUARY 23, 1999 – AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D13
AWARDING INVITATION TO BID (ITB) #18-7398 “MOBILE
FROZEN FOOD TREAT CONCESSIONAIRE” TO NAPLES
SHAVED ICE, LLC, D/B/A KONA ICE OF NAPLES, AND
AUTHORIZE THE CHAIRMAN TO EXECUTE AN
AGREEMENT WITH THE AWARDED VENDOR – TO PROVIDE
MOBILE FROZEN FOOD PRODUCTS FOR EVENTS AND
SUMMER CAMP PROGRAMS AT COUNTY PARK FACILITIES
Item #16D14
ELECTRONIC SUBMITTAL OF AN AMENDMENT TO THE
RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) FY18-21
APPLICATION TO ADD ADDITIONAL WORK PLANS FOR
THE DISASTER AND HEALTHY FUTURES FOCUS AREAS,
AND ALLOW COMMUNITY AND HUMAN SERVICES (CHS)
TO MODIFY THE APPLICATION IN THE FUTURE, WITHOUT
BOARD OF COUNTY COMMISSIONER (BOARD) APPROVAL,
TO ADD ADDITIONAL VOLUNTEER STATIONS AS THEY
BECOME NECESSARY
Item #16D15
October 23, 2018
Page 169
AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A
LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA)
SUPPORTING PUBLIC LIBRARY INNOVATION GRANT
APPLICATION TO THE FLORIDA DEPARTMENT OF STATE,
DIVISION OF LIBRARY AND INFORMATION SERVICES FOR
FUNDING IN THE ESTIMATED AMOUNT OF $4,000 – UPON
NOTIFICATION OF THE AWARD, THE BOARD WILL BE
ASKED TO ACCEPT THE GRANT AND APPROVE A BUDGET
AMENDMENT TO RECOGNIZE REVENUE AND
APPROPRIATE EXPENDITURES
Item #16D16
A FEDERALLY REQUIRED TRANSIT ASSET MANAGEMENT
(TAM) PLAN FOR COLLIER AREA TRANSIT (CAT) – TO
MONITOR AND MANAGE CAPITAL ASSETS OF THE
TRANSIT SYSTEM, ENHANCE SAFETY, REDUCE
MAINTENANCE COSTS, INCREASE RELIABILITY, AND
IMPROVE PERFORMANCE
Item #16D17
AFTER-THE-FACT APPROVAL FOR SUBMITTAL OF THE
FY2018-2019 STATE AID TO LIBRARIES GRANT
APPLICATION TO THE FLORIDA DEPARTMENT OF STATE,
DIVISION OF LIBRARY AND INFORMATION SERVICES FOR
(FUNDS IN THE ESTIMATED AMOUNT OF $200,651) – THE
BOARD WILL HAVE AN OPPORTUNITY TO ACCEPT OR
REJECT THE FUNDS IF THE GRANT IS APPROVED
October 23, 2018
Page 170
Item #16D18
CHANGE ORDER #1 TO CONTRACT #17-7182, NORTH
COLLIER REGIONAL PARK ARTIFICIAL TURF DESIGN, TO
AGNOLI BARBER & BRUNDAGE, INC. FOR PROFESSIONAL
ENGINEERING SERVICES IN THE AMOUNT OF $35,966 – TO
ADD VALUE ENGINEERING AND ADDITIONAL CONTRACT
ADMINISTRATION TO REDUCE COSTS OF CONSTRUCTION
Item #16D19
CHANGE ORDER #2 WITH HELLAS CONSTRUCTION TO ADD
FIFTY-THREE DAYS AND UTILIZE $70,000 OF THE
ALLOWANCE FOR CONVERSION/CONSTRUCTION OF FOUR
ARTIFICIAL TURF SOCCER FIELDS AT NORTH COLLIER
REGIONAL PARK CONTRACT #18-7339, NORTH COLLIER
REGIONAL PARK ARTIFICIAL TURF CONVERSION – TO
RELOCATE ELECTRICAL LINES, REPLACE FIELD #8 DUE TO
FAULTY PRODUCT, REMOVE TWO TREES, REGRADE THE
CORNERS OF FIELD #3 AND #7
Item #16D20
AN AMENDMENT AND EXTENSION TO AN OPTION
AGREEMENT FOR EXCAVATION MATERIAL BETWEEN RP
ORANGE BLOSSOM OWNER, LLC AND COLLIER COUNTY
TO PROVIDE AN OPTION TO PURCHASE EXCAVATED FILL
FOR USE ON COUNTY PROJECTS – EXTENDING THE
OPTION AGREEMENT PERIOD TO FEBRUARY 20, 2019
Item #16D21
October 23, 2018
Page 171
SELECTION COMMITTEE’S RANKING AND AUTHORIZING
ENTERING INTO NEGOTIATIONS WITH WOOD
ENVIRONMENTAL INFRASTRUCTURE SOLUTIONS, INC.
FOR A CONTRACT RELATED TO REQUEST FOR
PROFESSIONAL SERVICES (RPS) #18-7469 “CEI SERVICES
FOR BIG CORKSCREW ISLAND REGIONAL PARK” – ONCE
AN ACCEPTABLE CONTRACT HAS BEEN NEGOTIATED,
STAFF WILL BRING THE AGREEMENT BACK TO THE
BOARD FOR APPROVAL
Item #16E1
AWARDING INVITATION TO BID (ITB) #18-7442, “PRINTING
AND COPYING SERVICES FOR COUNTYWIDE USE,” TO
VARIOUS PRINTERS INCLUDING CECIL’S ENTERPRISES
INC., DIRECT IMPRESSIONS INC., CUSTOMER FIRST INC. OF
NAPLES, RAY LEPAR PRINTING INC., AND PALM
PRINTING/PRINTERS INK, CORP – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E2
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL – THE NET TOTAL FOR THE EIGHT (8)
ITEMS IS $43,891.40
Item #16E3
October 23, 2018
Page 172
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT – REPORTING ON-LINE SALES OF $860 FOR
SURPLUS EQUIPMENT
Item #16F1
RESOLUTION 2018-183: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2018-19
ADOPTED BUDGET
Item #16F2
INVITATION TO NEGOTIATE (ITN) #18-7404 - “COLLIER
COUNTY SPORTS COMPLEX MARKETING AND SUPPORT”
TO SPORTS FIELDS, INC., IN THE INITIAL NOT TO EXCEED
AMOUNT OF $50,000, FOR MARKETING AND RELATED
CONSULTING SERVICES FOR THE AMATEUR SPORTS
COMPLEX, AUTHORIZE THE CHAIRMAN TO EXECUTE THE
AGREEMENT, AND MAKE A FINDING THAT THIS
EXPENDITURE PROMOTES TOURISM – IN PHASE I OF THE
NEGOTIATED AGREEMENT, THE CONSULTANT WILL
ASSIST COUNTY STAFF, CONSULTANTS, ENGINEERS,
ARCHITECTS, AND SENIOR MANAGEMENT IN
DEVELOPING THE CONCEPT AND ASSIST IN DESIGN
DETAILS
Item #16G1
October 23, 2018
Page 173
TERMINATING THE CURRENT SUB-LEASE AGREEMENT
BETWEEN THE MARCO ISLAND SENIOR SQUADRON - CIVIL
AIR PATROL AND THE COLLIER COUNTY AIRPORT
AUTHORITY AND ENTERING INTO A NEW COLLIER
COUNTY AIRPORT AUTHORITY STANDARD FORM LONG-
TERM LEASE AGREEMENT – TO ENABLE THE AIR PATROL
TO AMORTIZE THEIR PROPOSED CAPITAL INVESTMENT IN
INFRASTRUCTURE OVER A LONGER PERIOD BY
EXECUTING A NEW LAND LEASE AGREEMENT
Item #16J1
EXECUTION OF A BUDGET AMENDMENT IN THE AMOUNT
OF $42,339 FOR COMMUNICATIONS CONTRACTUAL
SERVICES AND LICENSING (9-1-1) – NEEDED FOR THE
SHERIFF'S OFFICE TO BUY SPECIFIC NEWSCI COGNITIVE
INSIGHTS PLATFORM THAT WILL PRO-ACTIVELY ASSIST
THE COUNTY’S 9-1-1 SYSTEM WITH ANALYZING AUDIO
9-1-1 (CALL) DATA RECEIVED BY CCSO
Item #16J2
RECORDING IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR A PERIOD BETWEEN SEPTEMBER 27 AND OCTOBER 10,
2018 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J3
October 23, 2018
Page 174
DETERMINING VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
OCTOBER 17, 2018
Item #16K1
RESOLUTION 2018-184: APPOINTING TWO MEMBERS TO
THE BAYSHORE BEAUTIFICATION MSTU ADVISORY
COMMITTEE – APPOINTING JAMES BIXLER, TO FILL THE
REMAINDER OF A VACANT TERM EXPIRING MARCH 3, 2021
AND SUSAN JAN CRUM TO FILL THE REMAINDER OF A
VACANT TERM EXPIRING MARCH 3, 2020
Item #16K2
RESOLUTION 2018-185: APPOINTING A MEMBER TO THE
COLLIER COUNTY CITIZEN CORPS – APPOINTING ALBERT
GOODALL, REPRESENTING THE AMERICAN RED CROSS,
TO A 4-YEAR TERM EXPIRING NOVEMBER 5, 2022
Item #16K3
RESOLUTION 2018-186: APPOINTING THREE MEMBERS TO
THE EMERGENCY MEDICAL AUTHORITY – APPOINTING
DR. JAMES BRITTON, THEL WHITLEY AND ELLEN B.
NEWBERRY YARNELL TO 4-YEAR TERMS EXPIRING
DECEMBER 31, 2022
Item #16K4
RESOLUTION 2018-187: APPOINTING A MEMBER TO THE
October 23, 2018
Page 175
PUBLIC TRANSIT ADVISORY COMMITTEE – APPOINTING
SONJA SAMEK (SCHOOL BOARD REP) TO FILL THE
REMAINDER OF A TERM EXPIRING MARCH 22, 2021
Item #16K5
RESOLUTION 2018-188: APPOINTING A MEMBER TO THE
GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD –
APPOINTING NORMA R. LEES-DAVIS TO A 3-YEAR TERM
EXPIRING DECEMBER 31, 2021
Item #16K6
RESOLUTION 2018-189: REAPPOINTING A MEMBER TO THE
CONTRACTORS LICENSING BOARD – REAPPOINTING
PATRICK G. WHITE TO A 3-YEAR TERM EXPIRING
OCTOBER 20, 2021
Item #16K7
RESOLUTION 2018-190: REAPPOINTING TWO MEMBERS TO
THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE –
REAPPOINTING MARK FILLMORE AND CAROL PRATT TO
4-YEAR TERMS EXPIRING OCTOBER 13, 2022
Item #16K8 – Withdrawn (Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE A STIPULATED FINAL
JUDGMENT FOR FINAL COMPENSATION IN THE AMOUNT
OF $13,103.50 FOR PARCEL 250RDUE, INCLUDING ALL
ATTORNEY AND EXPERT FEES, IN THE LAWSUIT STYLED
October 23, 2018
Page 176
COLLIER COUNTY V. PEDRO E. PENA, ET AL, CASE NO. 15-
CA-0350, REQUIRED FOR THE GOLDEN GATE BOULEVARD
WIDENING PROJECT NO. 60040. (FISCAL IMPACT: $11,703.50)
Item #16K9
A MEDIATED SETTLEMENT AGREEMENT AND SITE
LICENSE AGREEMENT TO SETTLE THE CIVIL LITIGATION
STYLED WANNAGOFAST, LLC V. COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS, SERVING AS THE COLLIER
COUNTY AIRPORT AUTHORITY, CASE NO. 17-0380, NOW
PENDING IN THE 20TH JUDICIAL CIRCUIT COURT IN
COLLIER COUNTY; AND AUTHORIZE PAYMENT OF A
MEDIATION INVOICE FOR $1,518.75 – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #17A
RESOLUTION 2018-191: PETITION VAC-PL20180002425, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN THE TWO RAW WATER WELL
SITE EASEMENTS AND THE COUNTY UTILITY EASEMENT
(C.U.E.) LOCATED ALONG THE NORTHERLY BORDER OF
LOT 1 OF ALLIGATOR ALLEY COMMERCE CENTER PHASE
TWO, AS RECORDED IN PLAT BOOK 49, PAGE 60 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE
SUBJECT PROPERTY IS LOCATED IN THE SOUTHWEST
QUADRANT OF THE I-75 AND COLLIER BOULEVARD
INTERSECTION, LOCATED IN SECTION 34, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
(THIS IS A COMPANION TO AGENDA ITEM #17B)
October 23, 2018
Page 177
Item #17B
ORDINANCE 2018-50: AMENDING ORDINANCE 2007-26, THE
I-75/ALLIGATOR ALLEY CPUD, TO ALLOW DEVELOPMENT
OF UP TO 425 MULTI-FAMILY DWELLING UNITS IN
ADDITION TO THE EXISTING PERMITTED MAXIMUM
265,000 SQUARE FEET OF OFFICE AND RETAIL USES AND A
107 ROOM MOTEL, SUBJECT TO A MAXIMUM OF 1,172
TWO-WAY P.M., PEAK HOUR TRIPS FOR THE ENTIRE PUD;
TO ADD AN ADDITIONAL MASTER PLAN TO REFLECT THE
SITE LAYOUT IF THE PROPERTY IS DEVELOPED WITH
BOTH RESIDENTIAL AND COMMERCIAL USES, AND TO
LIMIT RESIDENTIAL USES TO THE AREA IDENTIFIED AS
“C/R;” TO ADD DEVELOPMENT STANDARDS FOR
RESIDENTIAL USES; TO MODIFY DEVELOPMENT
COMMITMENTS RELATING TO ENVIRONMENTAL,
TRANSPORTATION, UTILITIES, WATER MANAGEMENT,
AFFORDABLE HOUSING, AND LAND USE AND PROJECT
PHASING REQUIREMENTS; AND TO ADD DEVIATIONS
RELATING TO PRESERVE STANDARDS. THE SUBJECT
PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF
THE COLLIER BOULEVARD AND DAVIS BOULEVARD
INTERSECTION, IN SECTION 34, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 40.8± ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
[PL20180000049] (THIS IS A COMPANION TO AGENDA ITEM
#17A)
Item #17C
October 23, 2018
Page 178
RESOLUTION 2018-192: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2018-19
ADOPTED BUDGET
Item #17D
THIS ITEM WILL NOT BE HEARD AT THIS MEETING, AND IT
WILL BE RE-ADVERTISED AT A LATER DATE.
RECOMMENDATION TO APPROVE A RESOLUTION
RENAMING CREEKSIDE TRAIL TO ARTHREX WAY, WHICH
IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD,
AND ON THE WEST SIDE OF GOODLETTE-FRANK ROAD
WITHIN THE CREEKSIDE COMMERCE PARK IN SECTION 27,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA. [SNR-PL20180002013]
Item #17E
THIS ITEM WILL NOT BE HEARD AT THIS MEETING, AND IT
WILL BE RE-ADVERTISED AT A LATER DATE.
RECOMMENDATION TO APPROVE A RESOLUTION
RENAMING CREEKSIDE BOULEVARD TO INNOVATION
BOULEVARD, WHICH IS LOCATED ON THE SOUTH SIDE OF
IMMOKALEE ROAD, AND ON THE WEST SIDE OF
GOODLETTE-FRANK ROAD WITHIN THE CREEKSIDE
COMMERCE PARK IN SECTION 27, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [SNR-
PL20180002012]
Item #17F
October 23, 2018
Page 179
THIS ITEM WILL NOT BE HEARD AT THIS MEETING, AND IT
WILL BE RE-ADVERTISED AT A LATER DATE.
RECOMMENDATION TO APPROVE A RESOLUTION
RENAMING CREEKSIDE STREET TO INNOVATION DRIVE,
WHICH IS LOCATED IN THE SOUTHWEST QUADRANT OF
THE IMMOKALEE ROAD AND GOODLETTE-FRANK
INTERSECTION WITHIN THE CREEKSIDE COMMERCE PARK
IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA. [SNR-PL20180002011]
Item #17G – Moved from Item #9B (Per Agenda Change Sheet)
ORDINANCE 2018-51: AMENDING ORDINANCE NO. 2004-41,
AS AMENDED, 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 WITH A PORTION
OF THE REAL PROPERTY IN A ST OVERLAY (SPECIAL
TREATMENT) TO A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE
PROJECT KNOWN AS RUSSELL SQUARE RPUD TO ALLOW
DEVELOPMENT OF UP TO 230 MULTIFAMILY DWELLING
UNITS ON PROPERTY LOCATED EAST OF SANTA BARBARA
BOULEVARD AND APPROXIMATELY 1/4 MILE SOUTH OF
DAVIS BOULEVARD IN SECTION 9, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
October 23, 2018
OF 32.9+/- ACRES; AND BY PROVIDING AN EFFECTIVE
DATE. [PL20170004414]
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:48 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
AvOl
A Y S OLI S, CHAIRMAN
ATTEST:
CRYSTAL K. KINZEL, CLERK
•
•
Attest as to C1 fl1 's
signature only.
These minu approved by the Board on i l /if Vise?), as presented
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 180