BCC Minutes 11/13/2018 RNovember 13, 2018
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, November 13, 2018
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Andy Solis
William L. McDaniel, Jr.
Donna Fiala
Burt L. Saunders
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk
Troy Miller, Communications & Customer Relations
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November 13, 2018
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
November 13, 2018
9:00 AM
Commissioner Andy Solis, District 2 - BCC Chair
Commissioner William L. McDaniel, Jr., Dist. 5 - BCC Vice-Chair; CRAB Co-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Burt Saunders, District 3
Commissioner Penny Taylor, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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November 13, 2018
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Beverly Duncan of Naples United Church of Christ
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. October 9, 2018 - BCC/Regular Meeting Minutes
C. October 23, 2018 - BCC/Regular Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
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B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
1) Recommendation to recognize Carlos Cabrera, Maintenance Worker,
Public Services Department as the October 2018 Employee of the
Month.
4. PROCLAMATIONS
A. Proclamation designating November 2018 as Paddlesports Month in Collier
County. To be accepted by Mike Devlin, President, Friends of the Paradise
Coast Blueway Paddling Trail.
B. Proclamation recognizing the Big Cypress Chapter - National Society
Daughters of the American Revolution, for 50 years of service to Collier
County. To be accepted by Judy Goby-Oxtoby, Shirley Hoerle, and Brigitte
van den Hove-Smith.
C. Proclamation designating November 2018 as National Hospice and
Palliative Care Month in Collier County, and recognizing the professionals,
staff and volunteers who provide care to patients up to their final moments.
To be accepted by representatives of Avow Hospice: Jaysen Roa, Phyllis
Hall, Annalise Smith, Rebecca Gatian and Mark Beland.
D. Proclamation designating November 18 - 24, 2018 as National Farm-City
Week in Collier County. To be accepted by Brian Goguen, 2018 Chairman
of the Farm-City BBQ; Cyndee Woolley, President of the Farm-City BBQ
of Collier County, Inc.; and representatives of Collier County 4H
Association, Youth Leadership Collier, Collier County Junior Deputies
League and Key Club International.
E. Proclamation honoring the Naples Botanical Garden for receiving the
prestigious Museum Excellence Award from the Florida Association of
Museums and to further recognize the dedication shown by its leadership to
recover the garden from the ravages of Hurricane Irma. To be accepted by
Donna McGinnis, President and CEO, and Erin Wolfe Bell, Director of
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Development Operations.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for November
2018 to the Sanchez-Casal Florida Club & Tennis Academy. To be accepted
by Coach Pavel Slozil and Rogelio de Haro. Also present is Bethany
Sawyer of the Greater Naples Chamber of Commerce.
B. Presentation to provide information on the implementation of the county-
wide “Alert Collier” emergency notification system initiative, which
establishes a system of communications and warnings to ensure that the
county’s population is notified of developing emergency situations.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
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 adopt a Resolution of the
Board of Zoning Appeals of Collier County, Florida, providing for the
establishment of a conditional use to allow a church within an Estates
Zoning District pursuant to Section 2.03.01.B.1.c.1 of the Collier County
Land Development Code for property located on the southeast corner of
Golden Gate Boulevard and Collier Boulevard in Section 11, Township 49
South, Range 26 East, Collier County, Florida. (PL20160002577) (This is a
Companion to Agenda Item #9.A)
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to approve by Ordinance petition PL20160002584/CPSS-
2017-1, a Growth Management Plan Small Scale Amendment specific to the
Conditional Uses Subdistrict of the Golden Gate Area Master Plan, to allow
church uses for the Grace Romanian Baptist Church. (Adoption Hearing)
(This is a Companion to Agenda Item #8.A)
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B. Recommendation to review and approve the 2018 combined Annual Update
and Inventory Report on Public Facilities and Schedule of Capital
Improvements as provided for in Section 6.02.02 of the Collier County Land
Development Code and Section 163.3177(3)(b), Florida Statutes and adopt a
Resolution that updates the 5-Year Capital Improvement Schedules.
(PL20180000271/CPSP-2018-1)
10. BOARD OF COUNTY COMMISSIONERS
A. This item to be heard at 9:30 a.m. Recommendation that the Board direct
the County Manager to bring back for consideration a determination that
would allow the acquisition of the 28.46-acre Hack Property through the
Conservation Collier Program. (Commissioner Saunders)
11. COUNTY MANAGER'S REPORT
A. This item to be heard at 10:45 a.m. Recommendation to authorize staff to
initiate an Invitation to Negotiate (ITN) process for the development of
housing that is affordable on the (1) County-Owned Bembridge property,
and (2) the CountyOwned Manatee property proposed to be co-located with
a passive park; as both properties were previously identified as suitable for
the development of housing that is affordable in accordance with the
Community Housing Plan. (Cormac Giblin, Manager, Grant and Housing
Development, Community and Human Services Division)
B. This item was continued from the October 23, 2018 BCC Meeting.
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)
C. Recommendation to award Invitation To Bid No. 18-7426 “Jail Facilities
Buildings J1-J2 Chiller Plant and HVAC Upgrades” to Air Mechanical &
Service Corp. for chiller plant and HVAC upgrades at Jail Facilities
Buildings J1-J2, in the amount of $1,394,000, and authorize the Chairman to
execute the attached Agreement. (John McCormick, Principal Project
Manager, Facilities Management Division)
D. Recommendation to review the history of the anonymous complaint policy
and support the practice limiting the acceptance of anonymous complaints
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for Code Enforcement and Domestic Animal Services code complaints.
(Michael Ossorio, Director, Code Enforcement Division)
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 approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Legacy
Lakes, PL20160001600.
2) Recommendation to approve final acceptance of the potable water and
sewer facilities for Two Lakes Plaza, PL20130001740, accept
unconditional conveyance of a portion of the potable water facilities,
and to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in
the total amount of $13,556.73 to the Project Engineer or the
Developer’s designated agent.
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3) Recommendation to approve final acceptance of the sewer facilities
for Haldeman’s Landing, PL20160000052, accept unconditional
conveyance of a portion of the sewer facilities, and to authorize the
County Manager, or his designee, to release the Utilities Performance
Security (UPS) and Final Obligation Bond in the total amount of
$23,641.23 to the Project Engineer or the Developer’s designated
agent.
4) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Arthrex at Creekside, PL20160001149, 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 $6,077.95 to the Project Engineer or the
Developer’s designated agent.
5) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
Caminetto at Mediterra, PL20160003356 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 utility facilities for Walmart #1957
Liquor Store Addition, PL20170000924 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 $5,912.49 to
the Project Engineer or the Developer’s designated agent.
7) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Wing South Airpark Extension,
Application Number AR-14094, and authorize the release of the
maintenance security.
8) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Treviso Bay, Application Number
AR6434, and authorize the release of the maintenance security.
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9) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Lipari-Ponziane, Application
Number AR-10023, and authorize the release of the maintenance
security.
10) Recommendation to approve a Resolution for final acceptance of the
private drainage improvements, and acceptance of the plat
dedications, for the final plat of Marengo at Fiddler’s Creek,
Application Number 20160000119, and authorize the release of the
maintenance security.
11) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Bent Creek Preserve
Phase 2C, Application Number PL20180000470.
12) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Isola Bella, (Application
Number PL20180002267) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
13) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Lot 8, Southwind Estates
Replat, Application Number PL20180000406.
14) Recommendation to grant final acceptance of the public roadway and
drainage improvements in a portion of Woodcrest Drive right-of-way
as conveyed and recorded in OR Book 4842, Page 3226, OR Book
4246, Page 1993 and OR Book 4287, Page 2137 with the roadway and
drainage improvements being maintained by Collier County, and
return the developer’s maintenance security.
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15) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $26,000 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20180002086) for work associated with The Isles of Collier
Preserve Parcel T.
16) Recommendation to approve a Resolution amending Exhibit "A" to
Resolution No. 2013-239, the list of Speed Limits on County
Maintained Roads, to reflect the temporary reduction of the speed
limits on: Golden Gate Boulevard, from approximately 18th Street
NW/SW to 1000' east of Everglades Boulevard and Everglades
Boulevard from 2nd Avenue NE to 2nd Avenue SE, from forty-five
(45) miles per hour to thirty-five (35) miles per hour, due to design-
build construction activities along Golden Gate Boulevard (Project
60145).
17) Recommendation to approve the release of a code enforcement lien
with a value of $17,000.10 for payment of $2,000 in the code
enforcement actions entitled Board of County Commissioners v.
William and Laura Mara, Code Enforcement Board Case No.
CESD20080004753 relating to property located at 4550 Boabadilla
Street, Collier County, Florida.
18) Recommendation to approve the 2018-2019 Agreement between
Collier County and the City of Naples for FY18 City of Naples Beach
Maintenance Project in the amount of $185,000, authorize the
Chairman to execute Agreement and make a finding that this item
promotes tourism (Project No. 90527).
19) Recommendation to approve a Purchase Agreement for the
acquisition of land (Parcel 345FEE) necessary for the construction of
intersection safety improvements at Corkscrew Road (CR 850) and
Wildcat Drive. (Transportation Intersection Safety and Capacity
Improvement Program, Project No. 60016). Estimated fiscal impact:
$68,370.
20) Recommendation to approve the selection committee ranking for RPS
#18-7448 for “Verification Testing for Golden Gate Blvd. Design-
Build” (Phase II) and enter into negotiations with the top ranked firm
of Johnson Engineering, Inc., for Project No. 60145 and in the event
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that an agreement cannot be reached with that firm, to continue
negotiating with the remaining firms in ranked order to obtain a
proposed agreement, which will be brought to the Board consideration
at a subsequent meeting.
21) Recommendation to award Invitation to Bid (ITB) No. 18-7458,
“Nuisance Mowing and Debris Removal,” to: Collier Property
Specialist, LLC, and authorize the Chairman to sign the attached
agreement.
22) Recommendation to authorize payment of the annual assessment fee
for Collier County’s membership in the Southwest Florida Regional
Planning Council (SWFRPC), in the amount of $107,300 for FY19.
23) Recommendation to authorize a budget amendment to recognize carry
forward for projects within the Transportation Supported Gas Tax
Fund (313) and Transportation & CDES Capital Fund (310) in the
amount of $246,990.22 (Projects #60088, #60085, #60066, #69333,
#69339 and #69338).
24) Recommendation to approve and authorize the Chairman to execute
Amendment No. 1 to Contract No. 17327 with Florida Fish and
Wildlife Commission for the removal of derelict vessels in the
waterways of Collier County. (Project No. 33577)
25) Recommendation to approve and authorize the Chairman to execute
Amendment No. 2 to Contract No. 18-7245 with Taylor Engineering,
Inc., for the Collier County Comprehensive Watershed Improvement
Plan.
26) Recommendation to approve Second Amendment to Agreement No.
17-7103 with Q. Grady Minor and Associates, P.A. for post-design
construction administration services in the amount of $190,844 for the
West Goodlette-Frank Road Joint Stormwater-Sewer Project. (Project
No. 60142)
27) Recommendation to approve First Amendment to the agreement
between Collier County and Metro Forecasting Models, LLC, in the
amount of $68,000 for additional work tasks assigned for the update
and development of the Collier Interactive Growth Model (CIGM)
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Version 3.0, to provide population modeling for the entire County.
28) Recommendation to approve and authorize the Chairman to execute
Amendment No. 1 to Contract No. AB005 with the Florida
Department of Environmental Protection for the removal of marine
life debris due to red tide on the beaches and waterways of Collier
County. (Project No. 33584)
29) 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 Commercial Excavation Permit PL20180002282 to excavate
and remove an additional 284,085 cubic yards of material from the
existing approved East Naples Mine – Phase 1.
30) 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 Commercial Excavation Permit PL20180002284 to excavate
and remove an additional 506,337 cubic yards of material from the
existing approved East Naples Mine - Phase 2.
31) Recommendation to direct staff to bring back for a public hearing an
ordinance amending the Land Development Code to modify the
definition of essential services in LDC Section 2.01.03 to include
communications towers, and to allow communication towers as a
conditional use within the Rural Fringe Mixed Use District-Sending
Lands, and to allow applications for such communication towers to be
processed under the proposed new zoning standards while the LDC
amendment process is pending.
32) Recommendation to authorize the County Manager and his/her
designee to electronically submit a Flood Mitigation Assistance grant
application and all associated documents to the Florida Division of
Emergency Management for the Collier County Freedom Park
Stormwater Pump Station Improvements Project, in the amount of the
total project cost of $1,572,500, including an estimated required local
match in the amount of $393,125.
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33) Recommendation to extend the contract awarded to Southern Signal
& Lighting, Inc., and Simmonds Electrical of Naples, Inc., under RFP
#14-6229, “Installation & Maintenance of Traffic Signals and
Roadway Lighting,” for six months or until a new contract is awarded.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to approve an Interlocal Agreement between the
City of Naples and the Collier County Community Redevelopment
Agency to upgrade water lines and install/upgrade of fire hydrants on
Becca Avenue and Pine Street in the Bayshore Gateway Triangle
Community Redevelopment Area.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award Bid #18-7394, “Water Treatment
Services,” to U.S. Water Services Corporation for Countywide Well
Water Treatment Services.
2) Recommendation to award Request for Proposal (RFP) # 18-7324,
“Generator Maintenance, Repair & Installation,” to L.J. Power, Inc.
and PowerSecure Service, Inc., respectively, to provide the County
services for generator maintenance, installation, repair, fuel polishing
and rentals.
3) Recommendation to award Invitation to Bid #18-7422 “SRO
Wellfield Transformers Replacement” to Simmonds Electrical of
Naples, Inc., in the amount of $59,711 for the replacement of two pad-
mounted transformers that were damaged during Hurricane Irma
(Project #50154) and authorize the Chairman to sign the attached
agreement.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to award Invitation to Bid (ITB) Solicitation No.
18-7444, Construct an RV Site at Pepper Ranch, for the construction
of a Recreational Vehicle (RV) Site and associated amenities at
Pepper Ranch to EBL Partners, LLC, in the amount of $77,498.16,
and authorize the Chairman to execute the attached construction
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agreement.
2) Recommendation to approve “after-the-fact” amendments and
attestation statements with the Area Agency on Aging for Southwest
Florida, Inc. (Agency) for Community Care for the Elderly (CCE),
Alzheimer’s Disease Initiative (ADI), and Home Care for the Elderly
(HCE) grant programs for PY 18-19 Services for Seniors and to
authorize Budget Amendments to adjust previous year (PY17-18)
CoPay goal budgets. (Net Fiscal Impact $217).
3) Recommendation to approve “after-the-fact” amendment and
attestation statement with the Area Agency on Aging for Southwest
Florida, Inc. (Agency) Older American Act Title III Program for
Services for Seniors and authorize Budget Amendment to ensure
continuous funding for PY 2018/2019. (Net Fiscal Impact
($174,620.83).
4) Recommendation to accept funding from the Collier County
Community Foundation in the amount of $15,000 for playground
equipment replacement at McCleod Park in Everglades City, execute
the Memorandum of Understanding (MOU) for playground
improvements and resurface the tennis and basketball courts at
McCleod Park with estimated $15,000 from Parks Capital Fund (306),
and authorize any necessary Budget Amendments.
5) Recommendation to authorize a Budget Amendment in the amount of
$62,000 within Parks Capital Fund (306), from East Naples
Pickleball, Project #80274 to Community Park East Naples Master
Plan, Project #80368.
6) Recommendation to approve and authorize the Chairman to sign the
Memoranda of Understanding (MOU) with the Southwest Florida
Workforce Development Board, Inc. for the delivery of the 21st
Century Learning Centers swimming skills and drowning prevention
“Miracle” Program in Immokalee.
7) Recommendation to approve the ten (10) year update to the Barefoot
Beach Preserve Park Land/Use Management Plan with the Florida
Office of Environmental Services, acting as agent for the Board of
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Trustees of the Internal Improvement Trust Fund.
8) Recommendation to approve award of Request for Proposal (RFP)
#18-7300 Services for Seniors to Eleven Ash, Inc., d/b/a Health
Force; Golden Care Home Health Inc.; and Always There Home
Health Care, Inc. and authorize the Chairman to execute the attached
agreements.
9) Recommendation to approve an Agreement with Zack’s Food Cart
Ministry Catering, Inc., in response to Request for Proposal (RFP) No.
18-7349, “Mobile Food Unit” and authorize the Chairman to execute
the attached Agreement.
10) Recommendation to approve a mortgage satisfaction for the State
Housing Initiative Partnership (SHIP) and Community Development
Block Grant (CDBG) programs in the amount of $45,787 and release
of the Subsidy Retention and authorize a Budget Amendment to
recognize CDBG Program income in the amount of $35,000.
11) Recommendation to authorize a Budget Amendment recognizing
$196,546.01 of State Housing Initiatives Partnership (SHIP) Program
Income for Program Year 2018/2019.
12) Recommendation to approve one (1) satisfaction of mortgage for the
State Housing Initiatives Partnership (SHIP) Loan Program in the
amount of $9,602.77.
13) Recommendation to approve one (1) satisfaction of mortgage for the
State Housing Initiatives Partnership (SHIP) Loan Program, with
HOME Match, for payment in the amount of $5,400.
14) Recommendation to approve and submit the 2018 State Housing
Initiatives Partnership (SHIP) Incentive Review and Recommendation
report to Florida Housing Finance Corporation as required by Section
420.9076 (4), Florida Statute.
15) Recommendation to award Request for Proposal (RFP) #18-7351,
Veterans Community Park Pickleball Concessionaire, to Pickleball
Enterprises, LLC and authorize the Chairman to execute the attached
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November 13, 2018
agreement.
16) Recommendation to approve a contract and an attestation statement
with Area Agency on Aging for Southwest Florida, Inc. (AAASWFL)
for the Emergency Home Energy Assistance Program (EHEAP),
repeal and supersede Resolutions No. 96-268 and 2010-122 to add
EHEAP to the list of Services for Seniors programs (CCSS) that may
be administratively processed and ratified by the Board after-the-fact,
a Memorandum of Understanding (MOU) with Florida Power & Light
(FPL), Lee County Electric Cooperative (LCEC), and Centro-
Campesino Farmworker Center, and authorize a Budget Amendment
to ensure continuous funding for PY18/19. (Net Fiscal Impact
$55,757).
17) Recommendation to approve and authorize the Chairman to execute
the Extension Agreement to extend the Tourism Agreement between
Collier County and the Florida Department of Environmental
Protection (FDEP), to complete the T-2 Flex Auto Count Parking
System installation at Delnor Wiggins Beach Park.
18) Recommendation to direct the County Attorney to advertise and bring
back for adoption at a later meeting an Ordinance creating the
Vanderbilt Waterways Municipal Service Taxing Unit for the short-
term dredging of Water Turkey Bay as well as the long-term
maintenance of the channel.
19) Recommendation to approve an Agreement with the State Department
of Environmental Protection Division of Recreation and Parks to
provide transit service into Delnor-Wiggins State Park; and authorize
the Chairman to sign the agreement.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to renew the Certificate of Public Convenience and
Necessity (COPCN) for Collier County Emergency Medical Services
to provide Class 1 Advanced Life Support Transport (ALS) for one
year and authorize the Chairman to execute the Permit and Certificate.
2) Recommendation to approve the purchase of Group Health
Reinsurance through Voya/Relistar in the estimated amount of
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November 13, 2018
$968,567 effective January 1, 2019.
3) Recommendation to authorize the removal of aged accounts
receivable in the net amount of $48,595.12 considered uncollectible
from the financial records of various Administrative Services
Department fund centers in accordance with Resolution 2006-252.
4) Recommendation to ratify Property, Casualty, Workers’
Compensation and Subrogation claim files settled and/or closed by the
Risk Management Division Director pursuant to Resolution 2004-15
for the fourth quarter of FY 18.
5) Recommendation to extend Contract #14-6253 “Communication
Services” with Aztek Communications of South Florida, Inc., for six
months or until a new contract is awarded.
6) Recommendation to approve submittal of an EMS Matching Grant
application to the Florida Department of Health for the purchase of
power stretchers for a total of $221,000 (Match $55,250).
7) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement.
8) Recommendation to approve the sale and disposal of surplus assets
per Resolution 2013-095 via public auction on November 17, 2018;
approve the addition of surplus items received subsequent to the
approval of this Agenda Item for sale in the auction; and authorize the
Procurement Director, as designee for County Manager, to sign for the
transfer of vehicle titles.
9) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to use Tourist Development Tax Promotion Funds
to support the upcoming Sports Tourism Events in December 2018
and January 2019 for up to $29,250 and make a finding that these
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expenditures promote tourism.
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2018-19 Adopted Budget.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to endorse the United States Department of Justice
and United States Department of Treasury combined Equitable
Sharing Agreement and Certification through September 30, 2019.
2) Report to the Board regarding the investment of County funds as of
the quarter ended September 30, 2018.
3) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of November
7, 2018.
4) 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 October 11 and October 31, 2018 pursuant to Florida
Statute 136.06.
K. COUNTY ATTORNEY
1) Recommendation to reappoint a member to the Immokalee
Beautification MSTU Advisory Committee.
2) Recommendation to appoint a member to the Collier County Planning
Commission, representing Commission District 3.
Page 18
November 13, 2018
3) Recommendation to appoint a member to the Historic/Archaeological
Preservation Board.
4) Recommendation to approve a Stipulated Final Judgment for final
compensation in the amount of $10,350 for Parcel 250RDUE, plus
$2,488 in statutory attorney fees and costs, and $3,125 for expert fees
and costs, in the lawsuit styled Collier County v. Pedro E. Pena, et al,
Case No. 15CA-0350, required for the Golden Gate Boulevard
Widening Project No. 60040. (Fiscal Impact: $14,563)
5) Recommendation to approve a Stipulated Final Judgment for final
compensation in the amount of $87,500 for Parcel 300RDUE, plus
$18,381 in statutory attorney fees and costs, and $2,967 for expert
fees and costs, in the lawsuit styled Collier County v. BLD
Associates, LLC, et al, Case No. 16-CA-1214, required for the Golden
Gate Boulevard Expansion Project No. 60145. (Fiscal Impact:
$46,348)
6) Recommendation to approve and authorize the Chairman to sign a
Settlement Agreement in the amount of $19,000 to settle the lawsuit
styled June Preston v. Collier County Board of County
Commissioners, Case No. 2:18-cv-30-FtM-99CM now pending in the
United States District Court, Middle District of Florida Fort Myers
Division.
7) Recommendation to approve a Mediated Settlement Agreement in the
amount of $25,000, plus $7,664.25 in statutory attorney fees, and
$3,000 for expert costs, to settle full compensation for the taking of
Parcel 233RDUE in the case styled Collier County v. Arabel Subiaut,
et al., Case No. 14-CA-2762, required for the widening of Golden
Gate Boulevard, Project No. 60040. (Fiscal Impact: $33,889.25).
8) Recommendation to comply with a Court Order of the Federal District
Court in Ft. Myers awarding the Defendant, RTG, LLC, $162,502.50
in attorneys’ fees incurred both in the district court and on appeal in
the case of Collier County v. RTG, LLC (Case No. 2:17-cv-14-FtM-
38CM).
9) Recommendation to authorize the County Attorney to initiate any
legal action he deems necessary to prevent a residential home from
Page 19
November 13, 2018
being used in a manner which creates a public nuisance.
10) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement and Mutual Release in the lawsuit styled
Frederick Stevens v. Collier County (Case No. 17-CA-1201), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and
for Collier County, Florida, for $30,000, with payment to be made by
nonparties and no contribution made by Collier County.
------------------------------------------------------------------------------------------------------------
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
------------------------------------------------------------------------------------------------------------
A. This item requires that ex parte disclosure be provided by the
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance No. 9997, the Collier Tract 21 Planned Unit
Development by allowing automotive vehicle dealers as a principal use,
allowing a hotel up to 200 rooms instead of 100 rooms, and establishing a
traffic trip cap for the commercial tract; providing a parking deviation for a
luxury automobile dealership; and by providing an effective date. The
commercial parcel, consisting of 3.4+/- acres of the 267.44-acre PUD, is
located on the west side of US 41 and approximately 2,200 feet north of
111th Avenue in Section 21, Township 48 South, Range 25 East, Collier
County, Florida. (This is a companion to Agenda Item 17.B)
B. Recommendation to approve by Ordinance the Old Collier Golf Club, Inc.
SmallScale Amendment to the Collier County Growth Management Plan,
Ordinance 89-05, as Amended, and to Transmit to the Florida Department of
Economic Opportunity. (Adoption Hearing) (PL20180000038/CPSS-2018-
Page 20
November 13, 2018
2) [Companion to Agenda Item #17.A]
C. Recommendation to adopt an ordinance establishing security measures for
retail gas stations to help prevent the use of credit card skimmers.
D. Recommendation to adopt an ordinance which would create the Golden Gate
City Economic Development Zone to facilitate economic development by
establishing an Economic Development Plan and Trust Fund, setting a base
tax year for the Fund, and reimbursing eligible expenditures as authorized in
advance by the Board for use in encouraging economic growth.
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2018-19 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
November 13, 2018
Page 2
MR. OCHS: Good morning, ladies and gentlemen, if you'd
please come to order. Take your seats, please. There's plenty of seats
available.
Mr. Chairman, you have a live mike.
CHAIRMAN SOLIS: Mr. Manager.
Welcome, everyone, to the November 13th, 2018, Board of
County Commissioners' meeting.
Item #1
INVOCATION & PLEDGE OF ALLEGIANCE – INVOCATION
GIVEN
CHAIRMAN SOLIS: We'll begin the meeting today with the
invocation that will be led by Reverend Beverly Duncan of the Naples
United Church of Christ.
REVEREND DUNCAN: Good morning. Let us pray.
Holy one, open us this morning to your presence, which at its
hearts means opening to the larger purpose and call set before us.
This week we are honoring our armed services veterans. We pray
prayers of gratitude for them. Even as we pray that we can, each one of
us be empowered to wage peace with the person beside us as well as
amongst the nations.
Guide and guard our commissioners today. To them we are
indebted. Their work is critical and important to the welfare of the
citizens of Collier County. As season blossoms, we pray for patience
and strength, but we also give thanks for what season contributes to
our lives and our livelihoods here.
So in thankfulness and in anticipation of the holidays ahead, we
pray. Amen, shalom, salaam.
CHAIRMAN SOLIS: Commissioner Fiala, would you lead us in
November 13, 2018
Page 3
the Pledge?
COMMISSIONER FIALA: I would love to.
(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 (COMMISSIONER SOLIS ABSTAINED FROM
VOTING ON ITEM #16A10) AND ITEM #17C HAD THE
ORDINANCE CHANGED TO INCLUDE THE CITIES WITHIN
COLLIER COUNTY AND AN OPT-OUT PROVISION
MR. OCHS: Good morning, Mr. Chairman, Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners' meeting of November 13, 2018. I have only a few
time-certain items to go over this morning, Commissioners. No other
changes reported to date on the regular or the summary agenda.
Item 10A will be heard at 9:30 a.m., and Item 11A will be heard
at 10:45 a.m.
One other note, Commissioners, I believe we're going to have a
brief visit at some point this morning from -- our Tax Collector's
Office wants to make sure to make a quick public-service
announcement. So I'll call on them, Mr. Chairman, as I see them
arrive. And those are all the changes that I have this morning.
CHAIRMAN SOLIS: Thank you. And we'll have any
disclosures on the consent agenda.
COMMISSIONER McDANIEL: Starting with me?
CHAIRMAN SOLIS: Yes.
November 13, 2018
Page 4
COMMISSIONER McDANIEL: Good morning.
No, I have no disclosures on the consent agenda. I would -- but I
do have a comment on one when we get ready to vote on them, so...
CHAIRMAN SOLIS: Okay. Commissioner Fiala.
COMMISSIONER FIALA: Oh, I have only one disclosure, and
that's on 17A, and that's just the staff report. I have no corrections,
additions, or anything, and that's my report.
CHAIRMAN SOLIS: Thank you.
Commissioner Taylor.
COMMISSIONER TAYLOR: No disclosures, no changes to the
agenda.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
No disclosures. One change. On Item 17C, which is the gasoline
pump skimmers ordinance, I've been advised that the City of Naples
would like to be included in this ordinance. We've not heard anything
from the City of Marco Island, so what I've suggested to the county is
that we add to that ordinance an opt-out provision so that the cities are
included unless we're advised by their councils that they don't want to
be included. That will give Marco Island the opportunity to be
included or excluded if they so desire. So we need to take 17C off of
the consent, at least for purposes of making that amendment to the
ordinance.
CHAIRMAN SOLIS: We'll need a motion for that, right? So
we'll have --
COMMISSIONER McDANIEL: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN SOLIS: Well, are we going to discuss that now or
-- do we want to do that now?
COMMISSIONER SAUNDERS: Whenever. It doesn't matter.
Whenever you want. I just wanted to let the Board know we need to
November 13, 2018
Page 5
take that one off of the consent, at least for that purpose.
CHAIRMAN SOLIS: Mr. Manager, do we need to add that to a
specific agenda?
MR. KLATZKOW: You can either do it right here or now, or
you can just do it later.
CHAIRMAN SOLIS: Do it now?
MR. KLATZKOW: It's board discretion.
CHAIRMAN SOLIS: So there's a motion and a second. Further
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.
MR. KLATZKOW: And the motion is to amend the ordinance to
allow for the opt-out provision.
CHAIRMAN SOLIS: Yes.
COMMISSIONER FIALA: Yes.
COMMISSIONER SAUNDERS: Now, the ordinance was on
final passage today, so this will constitute final passage of the
ordinance?
MR. KLATZKOW: Yes.
COMMISSIONER SAUNDERS: And you'll add that language.
MR. KLATZKOW: Very minor change.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN SOLIS: Very good.
Anything else on the consent agenda or summary, Commissioner
Saunders?
COMMISSIONER SAUNDERS: No, sir.
November 13, 2018
Page 6
CHAIRMAN SOLIS: That's it? Okay.
I have no changes, nothing to disclose on the consent or
summary, although I will abstain from voting on 16A10 because of a
conflict.
Was there discussion?
(No response.)
COMMISSIONER McDANIEL: With regard to?
CHAIRMAN SOLIS: I thought there was an item that you
wanted to discuss prior to voting.
COMMISSIONER McDANIEL: Well, I'll make a motion we
accept the -- or approve the consent items and summary items.
COMMISSIONER FIALA: Second.
COMMISSIONER McDANIEL: And then for comment.
CHAIRMAN SOLIS: There's a motion and a second.
Discussion?
COMMISSIONER McDANIEL: Yes. And I wanted to address
Commissioner Taylor, 16K9. There was something specific with
regard to an issue in -- I believe it was in the Bayshore area with a drug
house. And I wanted to ask the County Attorney if we needed to --
because the way I read that was it was giving specific direction to the
County Attorney to take action when circumstances apply to that
residence. And I was wondering if we needed to maybe bring it back
for a greater expansive discussion.
COMMISSIONER TAYLOR: I don't think so.
COMMISSIONER McDANIEL: Okay. That's all I've got.
COMMISSIONER TAYLOR: I think we're very -- I think the
neighbors and everyone are very --
COMMISSIONER McDANIEL: Well, it's not unique. There are
-- the rationale was there are other homes that potentially could have
that.
COMMISSIONER TAYLOR: Well, it's interesting, because -- I
November 13, 2018
Page 7
wondered but just -- I think what it says is that if you're not a good
landlord and if you keep thumbing your nose at your neighbors and
authority --
COMMISSIONER McDANIEL: Right.
COMMISSIONER TAYLOR: -- there's a risk of something
happening that will be done in a very proper and legal fashion.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER TAYLOR: But that we're serious about make
suring neighborhoods are safe.
COMMISSIONER McDANIEL: And that was the reason I
wanted to ask, if maybe you wanted to expand it to countywide. That
was all. So I'm okay.
COMMISSIONER TAYLOR: All right. Good. Thank you.
CHAIRMAN SOLIS: There's a motion and a second to approve
the consent and summary agenda. 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. Thank you.
Proposed Agenda Changes
Board of County Commissioners Meeting
November 13, 2018
Time Certain Items:
Item 10A to be heard at 9:30 a.m.
Item 11A to be heard at 10:45 a.m.
12/4/2018 7:59 AM
November 13, 2018
Page 8
Item #2B
BCC/REGULAR MEETING MINUTES FROM OCTOBER 9, 2018
- APPROVED AS PRESENTED
MR. OCHS: Item 2B is approval of the October 9th, 2018, Board
of County Commissioners' regular meeting minutes.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER SAUNDERS: Second.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: There's a motion and a second by
Commissioner Saunders. 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: Those are approved as well.
Item #2C
BCC/REGULAR MEETING MINUTES FROM OCTOBER 23,
2018 - APPROVED AS PRESENTED
MR. OCHS: Item 2C is approval of the October 23rd, 2018,
Board of County Commissioners' regular meeting minutes.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER FIALA: Second.
CHAIRMAN SOLIS: There's a motion and a second. All in
November 13, 2018
Page 9
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: Thank you.
Item #5C - Added
PRESENTATION BY ROB STONEBURNER FROM THE
COLLIER COUNTY TAX COLLECTOR’S OFFICE –
PRESENTED
MR. OCHS: Mr. Chairman, Mr. Rob Stoneburner, the Deputy
Tax Collector, is here, and he'd like to briefly address the Board. Mr.
Stoneburner.
MR. STONEBURNER: Thank you, County Manager.
Esteemed Commissioners, it is my pleasure to be here. Rob
Stoneburner, Deputy Tax Collector, on behalf of Mr. Ray.
I want to give happy news, good news. We have just remodeled
our Marco Island branch office. Actually, it's your building; our office
interior. I wanted to put out a couple thank yous to some folks that
were very helpful. Tanya Williams, your Library Director, that is
where we use -- that's where our temporary location became, so we
didn't spend a nickel anywhere else having to rent some space or
whatnot. She made Rose Hall available to us.
Your Marco Branch Library Manager, Brenda Rasch, was very
November 13, 2018
Page 10
welcoming to us and did everything she could to make a bunch of card
-- you know, party tables and whatnot seem like an office. So we
appreciate that. Your county IT with getting our phones switched
around and whatnot.
Mike Sheffield and Margie Hapke putting out press releases
telling everybody that we were going to be closed. We did this in
exactly two months, exactly eight weeks, start to finish, so we were
happy with that.
Commissioner Fiala's executive coordinator, Michael Brownlee,
he helped us make sure we got -- protected all of -- the good
commissioner has an office out there, and wanted to make sure all her
stuff was taken care of.
County Manager's staff. It all starts at the top. You guys have
got, you know, probably the best county manager in the state of
Florida here, so the culture's right. So we appreciate that.
And all of that, you know, helped us save a few cents, played a
small part in -- unfortunately we couldn't make your last October
meeting, but on October 29th, the Tax Collector's Office was proud to
send a check to OMB for unused fees of over $8 million, over $8.1
million to be exact. To be exact, $8,175,197.97, so almost 8.2.
And also to announce that we are having a grand opening this
Thursday. You all are welcome. Cookies and refreshments. It is in the
day, so it will just be regular refreshments; 3:00 down at 1040
Winterberry. We look forward to having any of you and all of you
there.
Thank you very much, and we appreciate it. Thank you.
MR. OCHS: Thanks, Rob.
COMMISSIONER FIALA: Can I say something?
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: The staff over there -- because I
have close contact with the staff -- everybody is so pleased with the
November 13, 2018
Page 11
results. We had a lot of problems with temperatures and stuff like that,
and a lot of things that are very, very old, and you've made it so great,
and you kept checking with them and making sure that it was meeting
all of their needs. And they really appreciated that. And same with my
office. It was -- I know my phone still doesn't work, but other than
that.
MR. STONEBURNER: No, your phone works.
COMMISSIONER FIALA: Oh, does it? Have they fixed it?
Oh, wonderful. I haven't been there since last week.
MR. STONEBURNER: It is fixed. And we also now -- we have
an actual waiting area where folks can -- we had some complaints.
You had to stand in line. We don't like lines, first, but if you do have
to wait at this time of the year, at least you can sit down and -- you
know, for a couple minutes before you get called up. So, again, thank
you.
COMMISSIONER FIALA: It's been a pleasure.
MR. STONEBURNER: Yeah. Again, thank you.
MR. OCHS: Thank you, Rob.
Mr. Chairman, our Employee of the Month is detained, but he'll
be here shortly. I wondered if it would be all right if we moved to
proclamations at this point.
Item #4
PROCLAMATIONS: ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING NOVEMBER 2018 AS
PADDLESPORTS MONTH IN COLLIER COUNTY. ACCEPTED
November 13, 2018
Page 12
BY MIKE DEVLIN, PRESIDENT, FRIENDS OF THE PARADISE
COAST BLUEWAY PADDLING TRAIL – ADOPTED
MR. OCHS: Item 4A this morning is a proclamation designating
November 2018 as Paddle Sports Month in Collier County. To be
accepted by Mike Devlin, president, Friends of the Paradise Coast
Blue Wave Paddling Trail. If you'd step forward and receive your
proclamation.
(Applause.)
COMMISSIONER FIALA: Boy, you all look like you're in such
good shape.
CHAIRMAN SOLIS: This might be the most we've ever had for
a proclamation.
(Applause.)
MR. OCHS: If we can come to order, please, ladies and
gentlemen.
CHAIRMAN SOLIS: Thank you.
Item #4B
PROCLAMATION RECOGNIZING THE BIG CYPRESS
CHAPTER - NATIONAL SOCIETY DAUGHTERS OF THE
AMERICAN REVOLUTION, FOR 50 YEARS OF SERVICE TO
COLLIER COUNTY. ACCEPTED BY JUDY GOBY-OXTOBY,
SHIRLEY HOERLE, ILAGENE RUFF AND BRIGITTE VAN DEN
HOVE-SMITH – ADOPTED
MR. OCHS: Item 4B is a proclamation recognizing the Big
Cypress chapter of the National Society of Daughters of the American
Revolution for 50 years of service to Collier County. To be accepted
this morning by Judy Goby-Oxtoby, Shirley Hoerle, Ilagene Ruff, and
November 13, 2018
Page 13
Brigitte van den Hove-Smith.
If you'd please step forward.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING NOVEMBER 2018 AS
NATIONAL HOSPICE AND PALLIATIVE CARE MONTH IN
COLLIER COUNTY, AND RECOGNIZING THE
PROFESSIONALS, STAFF AND VOLUNTEERS WHO PROVIDE
CARE TO PATIENTS UP TO THEIR FINAL MOMENTS.
ACCEPTED BY REPRESENTATIVES OF AVOW HOSPICE:
JAYSEN ROA, PHYLLIS HALL, ANNALISE SMITH, AND
MARK BELAND – ADOPTED
MR. OCHS: Item 4C is a proclamation designating November
2018 as National Hospice and Palliative Care Month in Collier
County, and recognizing the professional staff and volunteers who
provide care to patients up to their final moments. To be accepted this
morning by Jaysen Roa, President and CEO of Avow Hospice; Phyllis
Hall, the CFO; Annalise Smith, Senior Vice-President of Engagement;
and Mark Beland, Community Liaison.
If you'd please step forward and receive your proclamation.
(Applause.)
Item #4D
PROCLAMATION DESIGNATING NOVEMBER 18 - 24, 2018 AS
NATIONAL FARM-CITY WEEK IN COLLIER COUNTY.
ACCEPTED BY BRIAN GOGUEN, 2018 CHAIRMAN OF THE
FARM-CITY BBQ; CYNDEE WOOLLEY, PRESIDENT OF THE
November 13, 2018
Page 14
FARM-CITY BBQ OF COLLIER COUNTY, INC.; AND
REPRESENTATIVES OF COLLIER COUNTY 4H
ASSOCIATION, YOUTH LEADERSHIP COLLIER, COLLIER
COUNTY JUNIOR DEPUTIES LEAGUE AND KEY CLUB
INTERNATIONAL – ADOPTED
MR. OCHS: Item 4D is a proclamation designating November
18th to the 24th, 2018, as National Farm-City Week in Collier County.
To be accepted by Brian Goguen, 2018 Chairman of the Farm-City
Barbecue; Cyndee Woolley, President of the Farm-City Barbecue of
Collier County, Inc.; and representatives of the Collier County 4H
Association, Youth Leadership Collier, Collier County Junior Deputies
League, and the Key Club International.
All right. Get in that picture, you guys.
CHAIRMAN SOLIS: We've got to get an opening here for --
(Applause.)
MS. WOOLLEY: Good morning, Commissioners. For the
record, my name is Cyndee Woolley, and I'm the president of
Farm-City Barbecue of Collier County, Inc.
We're so excited to be celebrating the 63rd Annual Farm-City
Barbecue, an event that continues to bring together our business,
agricultural, civic, and community leaders.
I would like to recognize our chair, our 2018 chair, Brian Goguen
from Barron Collier Companies, one of our founding partners of
Farm-City Barbecue. With Brian's passion and calls (sic) for
fundraising, we're expecting to donate well over $60,000 back into
youth leadership programs through 4H, Youth Leadership Collier,
Junior Deputies, and Kiwanis Key clubs.
I would also like to take a minute to recognize some of our past
chairs in the room: Sheriff Kevin Rambosk and Jamie Weisinger from
Littman Produce.
November 13, 2018
Page 15
Our top sponsors were here today as well: The Seminole Casino
Hotel Immokalee, who was gracious enough to host us this year; Ave
Maria Development, who will be providing the hot steaks this year;
Coleman, Yovanovich & Koester, our stage sponsor; Naples Lumber,
our bar sponsor; and Littman Family Produce, our Immokalee salad
sponsor. We have so many more sponsors that I can't list them all.
Please visit our website and check out the logos and click through to
their websites because these are investors in our community.
Our barbecue came from humble roots when the farmers of
Immokalee had a bad crop season, and the city leaders invited the
farmers in for a friendly barbecue. The next year the farmers hosted
what became -- what has now become a favorite way of many to kick
off the holiday season.
Our community's weathered many storms, from hurricanes to
economic crisis and red tide. While there are many events that divide
us, deeply rooted traditions like the Farm-City Barbecue bring us
together and remind us about the relationships that keep us Collier
strong. Without the network of farmers, haulers, consultants, retailers,
and leaders such as yourself, we wouldn't be able to grow.
For those of you in the audience, if you haven't already bought
your tickets, please visit FarmCityBBQ.com. It's only $20, and you
get a steak lunch, and we have some exciting after parties planned at
the Seminole Casino and Bone Hook Brewery.
And, finally, Commissioners, I'd like to thank you for your
continued support, because it takes that full network, and so thank you
for coming out and being part of our cherished tradition as celerity
servers as well.
COMMISSIONER FIALA: And if anybody's looking for tickets,
I have some to sell.
(Applause.)
November 13, 2018
Page 16
Item #4E
PROCLAMATION HONORING THE NAPLES BOTANICAL
GARDEN FOR RECEIVING THE PRESTIGIOUS MUSEUM
EXCELLENCE AWARD FROM THE FLORIDA ASSOCIATION
OF MUSEUMS AND TO FURTHER RECOGNIZE THE
DEDICATION SHOWN BY ITS LEADERSHIP TO RECOVER
THE GARDEN FROM THE RAVAGES OF HURRICANE IRMA.
ACCEPTED BY DONNA MCGINNIS, PRESIDENT AND CEO,
AND ERIN WOLFE BELL, DIRECTOR OF DEVELOPMENT
OPERATIONS – ADOPTED
MR. OCHS: Item 4E is a proclamation honoring the Naples
Botanical Garden for receiving the Prestigious Museum Excellence
Award from the Florida Association of Museums and to further
recognize the dedication shown by its leadership to recover the Garden
from the ravages of Hurricane Irma.
To be accepted this morning by Donna McGinnis, the president
and CEO, and Erin Wolfe Bell, the Director of Development
Operations.
If you would please step forward and receive your proclamation.
(Applause.)
CHAIRMAN SOLIS: Congratulations.
COMMISSIONER TAYLOR: Ms. McGinnis, just give us a little
-- just a quick brief of what Irma did to you and how soon the Garden
was open, because -- and what you're doing with Puerto Rico right
now.
MS. McGINNIS: Absolutely. Thank you so much,
Commissioners, for this honor. We will be with many of our board
members later today and look forward to sharing it with them.
So Naples Botanical Garden after Hurricane Irma -- really, the
November 13, 2018
Page 17
garden is very young. We're not even 10 years old yet as a significant
attraction.
The Hurricane Irma destroyed about a third of Naples Botanical
Garden, and gardens, the built environments, are not insured. So we
faced a situation where we had a lot of rebuilding to do. We actually
had very little damage to our buildings and didn't even make our
insurance deductible, but we knew we had a really big job ahead.
We had very generous donors and were able to pull together with
our many volunteers and our excellent staff and got cleaned up enough
to open three weeks later to welcome the community back on October
1st. We were very proud of that.
Even with the hit that we all took in visitation those first early
months of the fall of 2017, we had a record year of attendance with
235,000 people.
And the Garden has grown very significantly. We're now a -- we
have an annual budget of $10 million, more than 100 staff, and more
than 10,000 households are members of the garden. So we know that
we have a role to be a significant partner both in Collier County, which
we look forward to being involved in, but also around the Caribbean
and with specific partners, because we learned a lot cleaning up our
own garden and doing the repairs and had a call not long after from an
arboretum in Puerto Rico which got hit by Irma and then Hurricane
Maria.
And we sent a team down there to apply what they learned,
brought their trees back up, helped them repair equipment, and we
brought a lot of their plants back to the U.S. to our nurseries where
we're regrowing them for our own garden, and we'll be taking them
back to Puerto Rico for replanting as well.
COMMISSIONER TAYLOR: Great.
(Applause.)
MR. OCHS: Mr. Chairman, if I could get a motion to approve
November 13, 2018
Page 18
today's proclamations, please.
COMMISSIONER FIALA: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SOLIS: Motion and second to approve the
proclamations. 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 #3D1
RECOMMENDATION TO RECOGNIZE CARLOS CABRERA,
MAINTENANCE WORKER, PUBLIC SERVICES DEPARTMENT
AS THE OCTOBER 2018 EMPLOYEE OF THE MONTH –
PRESENTED
MR. OCHS: Commissioners that takes us back to Item 3D1 on
this morning's agenda. This is a recommendation to recognize Carlos
Cabrera, maintenance worker with your Public Services Department,
as the October 2018 Employee of the Month.
Carlos, if you'd please step forward.
(Applause.)
MR. OCHS: Stand right there, Carlos. Stand right there for a
minute. I want to tell the public a little bit more about you; embarrass
you for a minute. Stand there, all right.
This is the punishment -- this is the punishment, yes.
November 13, 2018
Page 19
Commissioners, Carlos has been with the county since 2000
working in our Parks and Recreation Division. He's a senior member
of the Vineyards Community Park staff and recently taken on
additional responsibilities at that park when the supervisor was called
to oversee another project in the system.
Carlos is the definition of a team player. He's devoted to keeping
the park in top-notch condition. Does whatever it takes to maintain the
highest standards possible. He always offers to lend a hand, offer
advice, and helps his fellow team members with a kind word and a
smile. It's for these reasons and so many others that he's so deserving
of this award.
And, Commissioners, it's my pleasure to present Carlos Cabrera,
your October 2018 Employee of the Month. Congratulations, Carlos.
(Applause.)
Item #3A1
COMMISSIONER FIALA RECOGNIZED TERRI LEWIS FOR HER
MANY YEARS OF SERVICE AS THEIR COURT REPORTER –
PRESENTED
MR. OCHS: Mr. Chairman, I believe Commissioner Fiala has a
special recognition she'd like to make at this time.
COMMISSIONER FIALA: Thank you very much for letting me
insert this little recognition right in the middle of our meeting.
Terri, would you please stop typing and come up here.
COMMISSIONER McDANIEL: You want me to come around
that for a minute?
CHAIRMAN SOLIS: Is that legal?
COMMISSIONER FIALA: Terri Lewis has been a godsend to
all of us. And she never gets any recognition. She just sits back there
November 13, 2018
Page 20
and quietly types. And we thought it was about time that she got that
recognition. Always has a smile on her face, always brings in some
brownies for us to keep us --
COMMISSIONER TAYLOR: Sweet.
COMMISSIONER FIALA: -- nourished. Oh, yeah, keep us
sweet. I like that better. And we just want -- as a commission we want
to thank you for all that you do for all of us. Thank you.
(Applause.)
COMMISSIONER TAYLOR: Should we go down?
COMMISSIONER McDANIEL: I'm down.
COMMISSIONER FIALA: Pardon me? Oh, okay. Good. We're
coming down.
MR. OCHS: They're coming down. But you've got to get in the
middle. You should know the drill by now, Terri.
(Applause.)
CHAIRMAN SOLIS: And I'd just like to add that however many
times we've gone past the hour-and-a-half breaktime for Terri, she's
never complained.
Thanks for all your hard work.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR NOVEMBER 2018 TO THE SANCHEZ -
CASAL FLORIDA CLUB & TENNIS ACADEMY. ACCEPTED
BY COACH PAVEL SLOZIL AND ROGELIO DE HARO. ALSO
PRESENT IS BETHANY SAWYER OF THE GREATER NAPLES
CHAMBER OF COMMERCE – PRESENTED
MR. OCHS: Mr. Chairman, we move on to Item 5A. This is a
presentation of the Collier County Business of the Month for
November 13, 2018
Page 21
November 2018 to the Sanchez-Casal Florida Club and Tennis
Academy.
To be accepted this morning by Coach Pavel Slozil and Rogelio
de Haro. Also present, Bethany Sawyer of the Greater Naples
Chamber of Commerce.
(Applause.)
COMMISSIONER TAYLOR: Congratulations.
MR. OCHS: State your name for the record.
MR. SLOZIL: Yes. Good morning, everyone. Again, my name
is Pavel Slozil, and I am one of the tennis pros at Sanchez-Casal
Tennis Academy.
Please excuse today our CEO, Emilio Sanchez Vicario, that is not
able to make it today for important day. He's in Mexico. He's
promoting his academy here and also City of Naples.
I personally play on APT tour with him for 10 years. I reach --
my ranking was four in the doubles in the world, and No. 35 in singles.
I was Grand Champion in 1978, and Davis Cup Champion in 1980
with Czechoslovakia. I'm from Czechoslovakia. I live in Naples since
2002.
On behalf of all the staff in Sanchez-Casal Academy, we want to
thank the Naples Chamber of Commerce and all commissioners for
this great honor and important recognition.
We are located on Pine Ridge and Airport-Pulling Road.
Academy started 2008. We have more than 50 employees. In
addition, in the high-performance tennis academy, we have also
international school located at the facility. We actually host over 60
new students from more than 21 countries that live, train, and study
with us all year round. A total of about 4,000 active tennis players
visit us every year.
We organize more than 50 tournaments, domestic and
international tournaments. We started -- last year we brought women's
November 13, 2018
Page 22
tennis back to Southwest Florida. We are very proud of it. We are
highly involved with, also, local community hosting a lot of charity
events. With the help of our students, for example, players for Special
Olympics, the Freedom and Virtue Institute, Meals of Hope, and also
USDA Florida Foundation.
Our club is open to everyone. It's a public facility, and please
come to see us. We are very active and would like to see you there.
Thank you very much.
(Applause.)
CHAIRMAN SOLIS: I'll just add as a former journeyman tennis
player that the level of tennis and the coaching we have here is beyond
anywhere else, I think.
MR. SLOZIL: Yeah.
CHAIRMAN SOLIS: Emilio Sanchez and Mr. Slozil were, when
I was growing up, the best tennis players in the world, so we're
fortunate to have them here. Thank you. It's great.
MR. SLOZIL: Thank you very much.
COMMISSIONER TAYLOR: And I also think it's also
important to note where you're located. You're located at Naples Bath
and Tennis.
MR. SLOZIL: Yes.
COMMISSIONER TAYLOR: And they've been extraordinarily
good neighbors to those residents, and you have, you know, very
carefully and very effectively changed the look of that tennis area, and
it's just -- it's such -- you're such a -- we're just so happy you're here.
MR. SLOZIL: Thank you very much. We were a little bit
slowed down because of the hurricane last year, the progress was
slowed down because of the weather, but we are making progress and,
really, we are very also proud of -- I'm proud of the kids who graduate
from our schools. You know, last year we had 11 graduated kids, and
they all got semi or full scholarships around the U.S., and so we are
November 13, 2018
Page 23
very proud of them.
COMMISSIONER TAYLOR: Well done.
CHAIRMAN SOLIS: Thank you.
MR. SLOZIL: Thank you.
Item #10A
THE BOARD DIRECT THE COUNTY MANAGER TO BRING
BACK FOR CONSIDERATION A DETERMINATION THAT
WOULD ALLOW THE ACQUISITION OF THE 28.46-ACRE
HACK PROPERTY THROUGH THE CONSERVATION
COLLIER PROGRAM - MOTION TO BRING ITEM BACK TO
THE BOARD WITH ADDITIONAL INFORMATION –
APPROVED
MR. OCHS: Mr. Chairman, this takes us to our 9:30 a.m.
time-certain item. This is Item 10A. It's a recommendation that the
Board direct the County Manager to bring back for consideration a
determination that would allow the acquisition of the 28.46-acre Hack
property through the Conservation Collier program.
Commissioner Saunders has brought this item forward on the
agenda.
COMMISSIONER SAUNDERS: Mr. Chairman, I asked that this
item be placed on the agenda for a couple of reasons: First of all, Mr.
Harry Zea, who is in the back, if he'll come forward -- as full
disclosure, I represent Harry Zea. I've represented him for many years.
He's a developer in the City of Naples, and I've had the pleasure of
working with him and his team for a number of years.
Harry happens to be friends with the owners of the property that
we refer to as the Hack property. That property was ranked number
one by the committee that does the ranking for Conservation Collier.
November 13, 2018
Page 24
Mr. Zea has a contract to purchase that property. He's not making any
money on that property and, of course, I'm not charging any fees or
anything for that, so this is all -- just wanted there to be full disclosure
that there's no monetary interest in this on his part or my part.
The first contract that we had, the sellers were looking for two
and a half million dollars for that property. The property was
appraised at about $260,000. So obviously that was not a contract that
this commission could consider even though the property was ranked
No. 1.
Mr. Zea has negotiated a much smaller amount, and I'll have him
explain how we did that and what it is.
It's still over and above the assessed -- or the appraised value that
we have. I believe it's about $750,000 versus the 2-and-a-half million
that was before us before.
The reason that I think that this is a good opportunity for the
county is that, first of all, the property was ranked No. 1; No. 2, we're
talking about environmental infrastructure. This is a mangrove area
that would be, perhaps, significant in terms of reducing storm surge
and that sort of thing, so we want to enhance our environmental
infrastructure.
It's near the City of Naples. It's right on the border. When this
issue comes back, when Conservation Collier comes back in 2020 for
restarting that program, I want the citizens in the City of Naples to
know that this is a program that benefits not only all of Collier County
but benefits the City of Naples as well as, and this would be an
acquisition that would certainly show that.
And, additionally, this would be an area that could serve as some
passive recreational area for that part of the county. So there are a lot
of reasons for the county to reconsider this or to take another look at it.
I also have a letter from our Growth Management Department
that was dated March 21 of 2017, and in that letter Mr. Bosi concludes
November 13, 2018
Page 25
that because of the number of units that were built as part of the overall
development, that this probably was part of, that -- this is a quote from
the letter: "Based upon this calculation, the 40-acre project is eligible
for six remaining units to be developed."
So there's existing zoning for six units on the property even
though there's an ST overlay.
So I would submit that the property's probably worth a little more
than what our appraised value was, which was at 260,000, assuming
there would be no possible use for the property.
I'd like for Mr. Zea to kind of explain where he is with this, why
he's doing this, and then I'm going to ask the Board to direct staff to
take a look at it again, tell us if there's any potential development of
this property and, if there is, what would be the mechanism for us to
consider purchasing this even though it's slightly higher than the
appraised value.
MR. ZEA: Thank you. Appreciate that. I wish Burt didn't start
out with "developer." I'm actually a homeowner, father, and overall
concerned citizen.
I actually became aware of this property probably about 15, 18
years ago. My aunt and uncle lived at Sandpiper Bay Village up until
my uncle's passing about a year and a half ago. And they -- you know,
they love that spot, and it was part of the reason why my wife and I
actually came to Naples and Collier County in the first place to
relocate about 15-odd years ago and raise our children here in Collier
County and in the City of Naples.
And that piece was always, you know, designated by Marvin
Hack who was the -- him and his family who purchased it, to not be
developed. It was strictly going to be kept as a preserve piece of
property certainly to keep the quality of life at the Sandpiper Bay
Village which they are a very unique group that bought there in the
early '80s when the place was originally built, and they had, you know,
November 13, 2018
Page 26
kind of spent a lot of years together.
So there was a concern about keeping the quality of life where
they had enjoyed it for so many years, and I never even heard about
that property coming up for sale.
When Mr. Hack was starting to do estate planning with his
family, the children, I believe, decided that it would be better for
everybody if they just liquidated that asset.
So it fell into the hands of another developer who, as Mr.
Saunders stated, had found out that you could put six waterfront lots
there, and -- could. And whether it would ever be a reality, who knows.
But the possibility disturbed me. I actually live in Royal Harbor, and I
developed some property in Royal Harbor and have taken pride in
having, you know, that area to try to, you know, become, you know, a
little bit more looked after than it had been in the past.
So when this came up, I had reached out to Marvin, and he had
suggested that -- he had stated what had happened. And I said, if it
ever falls through, just let me know. I go, I do not want to develop the
property for any type of benefit. All I'd like to do is get control of it
and either put it in a land trust -- and I had noticed up near the
Coastland Mall there was a -- there's a preserve area, the Naples
preserve area, and it was a land trust, you know, by the city, I believe,
and maybe the county as well, that had purchased that property and left
it alone, you know, and put a designation that it was a preserve area.
So I thought that would be a perfect fit.
So part of my deal with Marvin is that I -- you know, and he
doesn't care either way as far as whether I make a profit or not. That
wasn't part of the stipulation, but I assured him, more importantly, my
Aunt Ester Manuelli (phonetic), who would probably have my head on
a platter if the property was ever developed, who I'm very afraid of --
I've got to say that out loud -- certainly would not disappoint her.
So I, you know, said, you know what, this is a very unique
November 13, 2018
Page 27
opportunity. Let me see if I can get control of it. Burt and I have a
relationship professionally through his representation of land use for us
in the City of Naples. So I asked him in passing how it would work
and is this something that -- you know, where I should go with it. Not
even thinking about a county land trust. It wasn't even part of the
thought at that point. I just didn't have a direction.
So after discussing it with Burt and getting a little bit more
information, I decided to go forward with the contract with the
understanding that I would take that contract and make sure it goes
into a trust, meaning the Collier County Land Trust, or whatever trust
that you guys designate, and it would be given for my part to the trust
with restrictions that it never be developed.
So I'm not interested in giving up the upside. And, again, Burt
was accurate. There was -- you know, when I first heard about the
sale, it was -- one person bought it for 2.3, and they were reselling it to
somebody else for 3.3, and that's how I kind of found out about it. So
there is -- whether it's imaginary or not, there is potential, and
developers are -- by nature, we're, you know, blue sky, pie-in-the-sky
dreamers, so we think anything can be developed.
And in some cases -- they've done things, including in the City of
Naples, that I thought would never get developed, but people were able
to get it done. So for my, you know, own piece of mind and, again,
trying to do something, you know, other than develop a piece of
property for profit, this is something, I think, is better suited for
everybody.
And the company I am partners in is a company called Pinnacle
Asset Trust, and our tag line is "responsible development." And we
really try to stay within the box on anything we're developing in the
City of Naples or anywhere else, New England. The key is to try to not
go outside the rules. And this, certainly, you know, fits in that
mentality of responsible development.
November 13, 2018
Page 28
The best development for this property is no development, which
coming from a developer is -- I might get struck by lightning, I think, I
don't know. But it is true. It really should not be developed, and it will
actually enhance the value of other properties certainly where I live,
and I'm building a brand new home. I'm going to get that ancillary
benefit but no financial benefit at all, strictly, you know, an
opportunity to do the right thing both from a personal standpoint
regarding my aunt and her -- all her friends.
And I spent every single Easter, after we relocated, at Sandpiper
Bay Village at my aunt's condominium with about 50 people stuffed
into it having the best Italian food you ever can dream of, and that's
kind of an omage (sic) to that. So that's where this all comes from.
Appreciate the consideration.
COMMISSIONER SAUNDERS: And, Mr. Chairman, if there's
any monetary benefit for Mr. Zea, then I would not be bringing this
forward and certainly would be abstaining from any votes on it. I just
wanted to give the county the opportunity to direct staff to take a look
at this again and come back. That's the purpose of bringing this today.
MR. OCHS: Mr. Chairman --
CHAIRMAN SOLIS: We have some speakers, though.
MR. OCHS: -- I think you may -- are there speakers?
MR. MILLER: Yes. I have three registered speakers.
CHAIRMAN SOLIS: Three, okay. Do you want to hear the
speakers first?
COMMISSIONER FIALA: Yes.
MR. ZEA: Thank you again.
MR. MILLER: Your first speaker is Dee Brandt. She'll be
followed by Brad Cornell.
MS. BRANDT: Good morning, Commissioners. My name is
Dee Brandt, and I am the board president of Sandpiper Bay Club.
Mr. Zea, I know Aunt Esther, and you're right; she would have
November 13, 2018
Page 29
your head.
This has been a -- I'm coming in here, and all I can say is "wow"
because we've been fighting this fight for a long time. This was
original property to Naples Sandpiper Bay Club. The builder went
bankrupt. The land was bought as a tax sale. It's been hanging over
the heads of the owners here for 20 years.
I'm only new at this game and fighting this fight. And we started
SOS Wetlands, Safe our Sandpiper Wetlands. A couple years ago we
found out that Mr. Winfield purchased the option for this property.
But I'm such a kid at this, even at my age, because the men and women
that came before me back when this property exchanged hands were
fighting this fight a long time ago, along with Commissioner Fiala,
who I have emails, and a lot of information was passed on to me in a
file box. This is our binder that takes us back 30 years ago when this
property was built. It also has correspondence from these men and
women who were fighting to save this property back at that time.
So I am here just to remind you that this isn't something new just
because a builder, Mr. Winfield, came in a few years ago for the
option. These people really wanted this saved for the environmental
impact that it has.
And there are children of these owners who have passed on, and
grandchildren who are still part of our community. This is how tight
this community is. This is how much this property means not just to
our community but to the people in Royal Harbor and the Land Yacht
Club who's on the other side.
I'm just expressing that we will support whatever it takes to get
this out of the hands of someone who is threatening to build on that
property.
I feel like this property has been held hostage for the past 20
years, and I guess we have to pay random somehow. But I would like
to see this, and I think most of the people that have joined our group
November 13, 2018
Page 30
would like to see this finally be absolutely preserved for the
environment that it provides --
Thank you.
MR. MILLER: Your next speaker is Brad Cornell. He will be
followed by Meredith Budd.
MR. CORNELL: Good morning, Commissioners. I'm Brad
Cornell. I'm here on behalf of Audubon of the Western Everglades.
Good to see you all here.
And I want to consider and thank Commissioner Saunders for
bringing this forward as a top-ranked Cycle 9 property. As you all
know, we have long supported Cycle 9 properties. They all were
exemplary as far as choices for Conservation Collier to buy. There are
great opportunities amongst these properties, and this was the top
ranked one.
We were certainly disappointed to see the failure of the deal, a
contract, being brought forward on this. And I will only say that I
don't want to contrast with or conflict with the current policies we have
where we pay appraised value. I guess if there's a reconsideration, it's
a reconsideration of, was the appraisal accurate, any of that sort of
discussion, or is the owner willing to look at a different price than what
they thought it was. But it is a valuable piece.
As we go forward in the future, mangroves are clearly among
those kinds of properties that protect and buffer our communities from
storm surge, sea level rise, tropical weather; that kind of thing is
absolutely what we must be investing in.
And the wetlands that are on that other side of that equation
upstream from these front-line buffering properties are also essential,
because we need to hold that water rather than dump it when it's the
rainy season. That's part of your stormwater discussion that's still to
come this morning. Not an easy discussion either.
But these are important issues. And Conservation Collier plays
November 13, 2018
Page 31
an important role. So we support your discussion, and we look
forward to the continuation of that.
Thank you.
MR. MILLER: Your final registered speaker on this item is
Meredith Budd.
MS. BUDD: Good morning, Commissioners. Meredith Budd on
behalf of the Florida Wildlife Federation.
I, too, would like to thank Commissioner Saunders for bringing
this property back up for consideration and exploring options for
acquisition for the county. This is really a fantastic property which
Commissioner Saunders articulated in his discussion of the item.
Brad mentioned why it's a fantastic opportunity as well. And it's
a top-ranked property in Cycle 9 from the CCLAC. The Federation
has long advocated for this property since it was submitted for the
program. And while the Federation does believe that it is really
important for the county to pay appraised value for the properties in the
program -- but there was confirmation from staff regarding the
possibility for development on the property, so maybe the potential for
a different appraised value looking into further reasons as to why -- or
further opportunities for acquisition with this property.
We do support the recommendation for just further exploration
and a way that the county could acquire just such a fantastic piece in
the urban area.
So thank you so very much.
MR. MILLER: And that is all the registered speakers we have for
that item.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yeah. I have -- excuse me. I have a
number of questions.
First of all, I'd like to see anybody try and build on this property
because there would be a lot of environmentalists breathing down their
November 13, 2018
Page 32
throats, because you can't fill in mangroves anyway. You just can't
harm the mangroves. And so, you know, that takes away a little bit of
the value of the property as well.
I understand that they paid some price for it, but I feel in my heart
of hearts we need to preserve this. How much do we want to pay?
That is the question. How much do we want to pay for the property?
I don't think it could ever sell for -- how can you sell anything for
a couple million dollars when you can never use it? It's just going to
sit there. You can't build on it. You can't do anything. Not only that,
you can't even touch those mangroves.
So I think we have to take this into consideration as we go into
talking about it. I wonder if they would be willing to donate it to the
CCLAC -- Conservation Collier, excuse me, and take a credit for it off
their taxes. I don't know if that can be done, but I would guess it
would be, but I think they could probably get more of a discount --
they could get more of a credit by using it on their taxes rather than
trying to get the money for something that you can never use.
Those are my comments.
CHAIRMAN SOLIS: Any other comments, questions?
(No response.)
COMMISSIONER SAUNDERS: Mr. Chairman, the -- what I
think I'd like to ask staff to do is to take a look at this property and
determine whether or not there is any potential for development. I
have a couple diagrams that were done by Davidson Engineering for
six waterfront lots. I've got a proposed price for site work. We've got
the letter from the county talking about the six units.
If there's no desire to move forward with this, that's fine. I just
thought it was important enough to bring it back. At the price that Mr.
Zea has negotiated, it seems to me it's worth taking a look at.
But, Commissioner Fiala, if you feel that a donation would be
more appropriate, then you can certainly ask the property owner to
November 13, 2018
Page 33
donate the property. I don't know that that's going to happen. So it's
really a question of whether the Board wants to even take a look at it.
If not, that's fine. I just thought it was important enough to take a look
at it.
COMMISSIONER McDANIEL: I think we should. I'll make a
motion that we bring it back as per the item.
COMMISSIONER FIALA: I'll second your motion.
COMMISSIONER McDANIEL: We're going to go through the
appraisal and contract prices and everything else at that particular time.
So it's been on the wish list of the CCLAC forever, as you stated. So
let's do it.
COMMISSIONER SAUNDERS: It may require another
appraisal. So I don't know what staff -- what process staff would go
through to bring that back --
MR. OCHS: Yes, sir.
COMMISSIONER SAUNDERS: -- but whatever the law
requires.
MR. OCHS: Yep.
CHAIRMAN SOLIS: So there's a motion and a second.
Discussion? Any other discussion?
I'm just -- I think taking another look at it, from my perspective, is
the right thing to do. It's a little bit of an unusual situation, and I'm not
clear if the contract's being assigned --
COMMISSIONER McDANIEL: We'll find out.
COMMISSIONER TAYLOR: No.
CHAIRMAN SOLIS: -- or what it is. I'll be interested to see
that. It makes me nervous in some respects because of the way it's
coming about. There was a $200,000 appraisal, and so now there's an
intervening contract. But with all the great intentions -- and I'm not
saying -- it's just an unusual situation, so I want to take a good look at
it, and I would ask staff to do that, and the appraisal as well.
November 13, 2018
Page 34
MR. OCHS: Yes, sir.
COMMISSIONER SAUNDERS: And just to give you a little
comfort, I would not bring this forward unless I knew what the
contract was, had a copy of the contract. So before this comes back,
we'll have a chance to look at that contract because --
CHAIRMAN SOLIS: Good.
COMMISSIONER SAUNDERS: -- I know Mr. Zea, and I know
that I trust him implicitly. But it is a public body, and we're using
public funds, and there has to be full complete -- full disclosure, so that
will happen.
CHAIRMAN SOLIS: Yeah. And I wasn't meaning that -- you
know, casting aspersions or anything. I just -- it is an unusual situation,
but I definitely want it to be looked at again.
Commissioner Taylor.
COMMISSIONER TAYLOR: No, that's fine.
CHAIRMAN SOLIS: That's it.
COMMISSIONER TAYLOR: I just -- I feel better that we're
going to have full disclosure, because I'm a little confused about this,
too.
CHAIRMAN SOLIS: Okay. 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 approved. Thank you.
November 13, 2018
Page 35
MR. ZEA: Thank you.
MR. OCHS: Mr. Chairman -- I'm sorry.
Item #5B
PRESENTATION TO PROVIDE INFORMATION ON THE
IMPLEMENTATION OF THE COUNTY-WIDE “ALERT
COLLIER” EMERGENCY NOTIFICATION SYSTEM
INITIATIVE, WHICH ESTABLISHES A SYSTEM OF
COMMUNICATIONS AND WARNINGS TO ENSURE THAT
THE COUNTY’S POPULATION IS NOTIFIED OF DEVELOPING
EMERGENCY SITUATIONS – PRESENTED
MR. OCHS: Mr. Chairman, we move now back to Item 5B. This
is a presentation on the new countywide Alert Collier Emergency
Notification System Initiative. Mr. Summers will make a brief
presentation.
MR. SUMMERS: Commissioners, good morning. For the
record, Dan Summers, director of Collier County's Bureau of
Emergency Services and Emergency Management.
I'm joined this morning with two champions from our team:
William Lang, our alert and warning coordinator in the EM staff, and
we're honored to have Brian Toolan here. Brian is the State of Florida
representative and the New York City representative for Everbridge, so
he has a very, very big job. And he got up early this morning from
Sarasota to join us. So I've got a team of experts here with me.
Real quick, we're excited to bring Alert Collier. And one of the
reasons I think it's important that I share this with you is that the mass
notification platform has -- I don't want to say has been in flux over the
years, but FEMA has been working with it, the cell phone carriers have
been working with it. You recall we had a national wireless alert test
November 13, 2018
Page 36
earlier this month that was generated from the White House.
So this technology platform has stabilized. More importantly, the
price to Collier County is zero, meaning that the State of Florida has
implemented this on behalf of the counties with a multi-million-dollar,
multi-year contract engagement.
Everbridge is not a closet organization by any stretch. They do
serve the Department of Homeland Security and Department of
Defense. Sixty-three counties are now adopting this Everbridge
component under the Alert Florida slash Alert county name, in this
case Alert Collier logo, and we certainly have all of the technical
support that we need from Everbridge.
What does it allow us to do? It allows us -- it is a mass
notification system. Any disaster, any emergency situation, no one
emergency system can do it all. If you remember, the wildfires two
years ago, we used NOAA weather radio. In some cases, we did
door-to-door notification. We rely on broadcasters. Some of the
broadcasters carried that alert live. Some did not carry it because their
participation in some of this is voluntary, unfortunately.
As we've seen in California already with the mass destruction,
gut-wrenching discussion out there that any additional mass
notification systems that we can do. And part of our rollout this year
includes, really -- kind of our marketing campaign, we'll go soft over
the holidays and then really ramp up as we go into wildfire season, and
ultimately into hurricane season of 2019.
We can hit your wireless phone if you opt in. We all got tired of
robocalls the last couple of months, but you have to opt in on wireless
calls. Your landline calls are already included, and that's part of the
Everbridge service to get that data and load it. And we can give safety
precautions, emergency information, and instructions, et cetera.
We can hit your business line, we can hit your home phone,
hearing-impaired devices, we can push notifications to your devices,
November 13, 2018
Page 37
send text messages and, yes, we're still using fax; can get fax data
information out.
We have alerts we sort of capture in what we call scenarios.
William's job is to build those scenarios and test those scenarios for
rapid deployment. We can notify county employees, special action
groups. In this case, we have one just so that we can actively activate
-- rapidly activate, rather, the EOC. We can get information out about
severe weather, power outages, road closures, if necessary; utility
failures.
Part of the challenge of this is knowing how much to notify and
how little to notify. And we don't want to wear the public out. When
we send information out, it's going to be for the greater good and for a
very, very important situation or condition.
Missing persons, only if authorized by law enforcement, and I'll
talk more about that in just a minute. We have the ability for those that
are really good on social media platform to come into the event live.
We'll be coming up with a keyword so that if maybe you've just gotten
to Collier County and we have an event going on, we put out a
keyword, and you can log in from there.
It allows us to bring people to the web pages also for additional
emergency information. As you know, from our hurricane experience,
there's no such thing as too much information. So we get an
opportunity to capitalize on that and manage that registration process.
It has all the bells and whistles for the social media engagement,
allows us to have that connectivity, both push and pull with Facebook,
Twitter, and the individual's respective social media account. So
adding in social media and Alert Collier gives us more depth to the
public.
Security is top-notch in our world as well with this information.
Everbridge has the highest federal assessment, federal regulations as it
relates to meeting those security requirements. And then even on the
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Page 38
end-user, there are security requirements as well.
All of that data that -- in terms of a cell phone is protected, and
we can manage that accordingly.
Quickly, we will work, again, voluntarily with the public to get
weather alerts. We're not going to be doing watches but more likely
just severe warnings or even near local impacts. So, again, you can
wear the public out a little bit, but we'll do that when the time is
necessary for the most severe events.
We encourage, again, folks to listen to radio, television, and
NOAA Weather Radio, as all those venues are appropriate for
emergency information.
Citizens can also set quiet times. There are situations where the
public may not want to be disturbed with a tornado watch, a warning at
3 or 4 o'clock in the morning, although we think it might be in their
best interest if they are. But it they want that quiet time, that is
certainly manageable as well.
So far we've done an enormous amount of work in getting the
system ready to go. 161,000 contacts are loaded, 1,200 special-needs
clients are now loaded into the system so we can reach out to those
individuals. We have presented to the City of Naples and the City of
Marco. Both of them currently use a product called Code Red; not
anywhere near as sophisticated as what Everbridge can do for us, but
they already have renewed their contract with that service this year.
We can exclude the municipal boundaries if they so desire, or we
can cover those boundaries. And we'll coordinate with them during the
time of the event. We think that after their contracts expire with their
Code Red vendor, they may jump over and join us. And we're going to
present to the City of Everglades later this fall.
We're also getting all of our BCC employees loaded, and there's a
lot of information there for desktop phones as well.
Future actions: Very, very close collaboration with the Collier
November 13, 2018
Page 39
County Sheriff. Anytime you initiate something to the public, the first
reaction is to dial 911. We want to try to avoid that, working closely
with the Sheriff's Office, and make sure that they know before any
information is pushed out to keep them advised and to avoid any
misuse of 911.
Again, Communications and Customer Relations with Collier
County is going to help us roll this out so that we have a really good
marketing campaign for the wildfire season as well as the 2019
hurricane season.
So let me stop and see if you have any questions. That's real
quick. I know you wanted to get back on schedule this morning. But
let me take any questions that you might have.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Is there some feature on this: When
the cables are down and the electricity is off, how can the people still
be reached?
MR. SUMMERS: Yes, ma'am. Well, one of the reasons we'll be
encouraging you to opt in is that if your landline phone does not work,
then it falls back to your wireless device. If your wireless device even
has some limitations, typically, the text message is very reliable. And I
was in Panama City just a few days after Hurricane Michael hit, and
text messaging and alerts were still coming out from that community
despite how damaged their infrastructure was. So while no one system
is perfect, this certainly has greater reach than what we have had with
just FM radio.
MR. OCHS: Thanks, Dan.
MR. SUMMERS: Thank you very much.
MR. OCHS: Thank you, Dan.
Item #8A
November 13, 2018
Page 40
RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
CHURCH WITHIN AN ESTATES ZONING DISTRICT
PURSUANT TO SECTION 2.03.01.B.1.C.1 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF GOLDEN GATE
BOULEVARD AND COLLIER BOULEVARD IN SECTION 11,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA (THIS IS A COMPANION TO AGENDA ITEM #9A) -
MOTION TO APPROVE W/CCPC RECOMMENDATIONS AND
TO INCLUDE NO OUTDOOR AMPLIFIED MUSIC – FAILED;
DUE TO A LACK OF SUPERMAJORITY VOTE
(COMMISSIONER TAYLOR AND COMMISSIONER
MCDANIEL OPPOSED); MOTION TO WITHDRAW VOTE AND
SEND BACK TO CCPC – APPROVED
Item #9A
ORDINANCE PETITION PL20160002584/CPSS-2017-1, A
GROWTH MANAGEMENT PLAN SMALL SCALE
AMENDMENT SPECIFIC TO THE CONDITIONAL USES
SUBDISTRICT OF THE GOLDEN GATE AREA MASTER PLAN,
TO ALLOW CHURCH USES FOR THE GRACE ROMANIAN
BAPTIST CHURCH (THIS IS A COMPANION TO AGENDA
ITEM #8A) - MOTION TO APPROVE W/CCPC
RECOMMENDATIONS AND TO INCLUDE NO OUTDOOR
AMPLIFIED MUSIC – FAILED; DUE TO A LACK OF
SUPERMAJORITY VOTE (COMMISSIONER TAYLOR AND
COMMISSIONER MCDANIEL OPPOSED); MOTION TO
WITHDRAW VOTE AND SEND BACK TO CCPC – APPROVED
November 13, 2018
Page 41
MR. OCHS: Mr. Chairman, we move now to Item 8A under
Board of Zoning Appeals and also Item No. 9A under advertised
public hearings. 8A and 9A are companion items and will be heard
together this morning.
Item 8A is a recommendation to adopt a resolution of the Board
of Zoning Appeals providing for the establishment of a conditional use
to allow a church within an Estates zoning district for property located
on the southeast corner of Golden Gate Boulevard and Collier
Boulevard, and Item 9A is a recommendation to approve a Growth
Management Plan small-scale amendment specific to the conditional
uses subdistrict of the Golden Gate Area Master Plan to allow uses --
excuse me -- to allow church uses for the Grace Romanian Baptist
Church. 9A is an adoption hearing as a small-scale plan amendment.
Both -- Item 8A, Mr. Chairman, requires ex parte disclosure be
provided by commission members, and all participants are required to
be sworn in.
So ex parte.
CHAIRMAN SOLIS: Ex parte first. Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, I did. I had multiple
meetings, emails, and phone calls.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Thank you. Yes, I met with Rich
Yovanovich, Jessica Haroldson, Josh Fruth, Adrian Roman, and Anna
Weaver, and received emails from a neighbor.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: I've had staff meetings,
correspondence. I actually visited the site on November the 5th. I
wasn't able to keep my November 8th meeting with the petitioner, and
I had to cancel it.
COMMISSIONER SAUNDERS: And, Mr. Chairman, I've had
November 13, 2018
Page 42
meetings with the representatives of the petitioner and emails as well.
CHAIRMAN SOLIS: And I have also met with Mr. Yovanovich,
Ms. Haroldson, Mr. Fruth, Adrian Roman, Anna Weaver, and received
many emails from the neighbors.
MR. OCHS: Have the court reporter, sir, swear in the
participants.
CHAIRMAN SOLIS: Anyone that plans to testify, if you could
please stand and be sworn in.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN SOLIS: Any registered speakers raised their right
hand as well? Okay.
MR. OCHS: Proceed.
CHAIRMAN SOLIS: Thank you.
MS. WEAVER: Good morning, Commissioners. My name is
Anna Weaver. I'm with Davidson Engineering representing Grace
Romanian Baptist Church. As has already been said, I am going to be
presenting 8A and 9A together at one time.
So here is the site location of our project. It's located at the
southeast corner of Golden Gate Boulevard and Collier Boulevard.
Approximately .75 miles to the east is Big Cypress Elementary School,
and .62 miles to the east is Max Hasse Community Park, for an idea of
where we are.
Here is an aerial view of the project location. It's a total of 6.25
acres in two parcels. The south parcel is where a single-family home
is currently, and then the north area is wooded and undeveloped.
So included in this petition is two requests. One is the small-scale
Growth Management Plan Amendment to include the site in the list of
exceptions to the locational criteria for a church in the Golden Gate
Master Plan. The map you see to the right of the screen is what would
be included in the Growth Management Plan as well as the text
changes that we've proposed.
November 13, 2018
Page 43
The second request is a conditional use to allow church in the
Estates zoning. The conditional use would be consistent with the LDC
and would be reliant upon the approval of the GMPA.
So first we'll talk about the Growth Management Plan
Amendment. In addition to staff analysis in the report that
recommends approval, this is the list of the criteria in Chapter 163 of
Florida Statutes for map amendments. Ten acres or fewer, no more
than 120 acres in small-scale amendments per year, proposed text
changes only, not located in an area of critical state concern, and it
preserves the internal consistency of the Comprehensive Plan. We are
consistent with all of that criteria.
So moving on, the conditional use is the bulk of our request. So
first, the existing zoning is Estates zoning. In that zoning district,
permitted uses include single-family dwellings, family-care facilities,
essential services, and educational plants. Churches are allowable as a
conditional use in the Estates zoning district.
So then this is our conceptual site plan. First, this is -- you'll see
the ingress and egress proposed on Golden Gate Boulevard on the
north end. Next is the development area including up to 24,000 square
foot of a primary structure, and then also in the yellow you'll see
outdoor recreation and/or a potential pastor's residence with a
maximum square foot of 3,500 square feet.
And then in the green you'll see the water management and
preserve areas as required. And we've also shown a minimum of 129
parking spaces that would be needed as required by code for a
maximum of 300 seats in the sanctuary.
So then for our landscape buffers along Golden Gate Boulevard
and Collier Boulevard, we're going to be providing a 15-foot Type D
buffer as required, and then to the south along First Avenue, we'll have
a 10-foot-wide Type D, and then we'll also have a 4-foot wall along
that buffer as required by code.
November 13, 2018
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To the east, north of the residential, is our preserve area. And
also to the east and then south, adjacent to the residential property,
we'll have a 15-foot-wide enhanced Type B buffer. This is a rendering
of the view that you would see from that residential property to the
southeast.
So for traffic conditions, we do have Norm Trebilcock here, our
traffic consultant, to answer any technical questions, but I'll give a
brief overview of what we have. This is just another
existing-conditions photo. This is a little bit older, so we've just drawn
a line and an arrow to show that there is a median extension that was
constructed in fall of 2017 to prevent left turn from Golden Gate
Boulevard.
So here on our conceptual site plan you'll see that we've shown
100 percent of our inbound traffic will be into that one access on
Golden Gate, and then 100 percent will be outgoing as well.
We've shown that approximately 20 percent of the traffic will turn
right and go southbound onto Weber, and then 50 percent would
continue and make a U-turn and go westbound, and then 30 percent
would continue eastbound.
So then we do have a lengthy list of proposed conditions. I'll just
go through those as quickly as I can. These are -- number one, we've
limited the church service hours from 8 a.m. to 10 p.m. on weekends
and holidays, and we've also limited church-related meetings from 10
a.m. to 4 p.m. and 6 p.m. to 9 p.m. on weekdays with a maximum of
200 parishioners for those meetings. We've also included that Easter
sunrise service will be permitted.
A maximum of 24,000-square-foot total building area with no
more than 300 seats in the sanctuary, and then a maximum of 140
parking spaces.
So then No. 4 is our list of prohibited accessory uses that includes
daycare, food services, and educational services.
November 13, 2018
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And then No. 5 is our permitted accessory uses, and we've
included some outdoor play area, gazebo, covered pavilions, and that's
where you'll see our pastor's residence with maximum of 3,500 feet,
and any storage sheds would be maximized at 1,800 square feet.
Number 6 is that signs will be on Golden Gate and Collier
intersection, and they're prohibited on Weber Boulevard.
Number 7, a church representative must be present if the property
is leased for any events, and it's limited to certain events. We've added
a specific list to include charitable events, weddings, funerals,
educational events, events associated with holidays, and governmental
events.
Number 8 is limiting up to 12 events per year, and no carnivals
will be permitted.
Number 9, outdoor amplified sound is prohibited unless permitted
temporarily by a temporary or special-use permit.
Number 10, no outdoor accessory recreation area lighting, and a
pastor's residence, if constructed, would be lit similar to other
residential in the estates area.
Number 9 (sic) is a list of site lighting parameters that we've
discussed with staff and agreed upon. It includes Dark Skies
compliance, height limitations, and shielding to those lights.
Number 12 is no steeple lighting will be permitted.
Thirteen, this discusses our enhanced Type B buffer that's
adjacent to that residential property to the southeast, and we'll be
providing Type B up to 80 percent opacity within one year.
Number 14 is the actual building height will be 50 feet maximum
and 60 feet for the steeple.
Fifteen is the dumpster will be located on the western edge of the
preserve. We've added in "if needed," because we may start with just
some roll-out containers, and if we do decide to build one, we'll put it
there.
November 13, 2018
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Sixteen, a maximum of 12 weekday peak-hour trips and 240
weekend peak-hour trips based on our ITE study.
Number 17 is that during certain events the county may require
traffic control. This is the customary condition that's been placed
recently on most places of worship.
And then our last condition is that a wall would be constructed
along First Avenue Southwest. The code requires a 4-foot wall there,
so we will be committing to doing that.
And that's all I have. Any questions?
CHAIRMAN SOLIS: We have how many public speakers;
three?
MR. MILLER: We have three, yes, sir.
CHAIRMAN SOLIS: So would you like to hear the public
speakers first?
COMMISSIONER FIALA: Sure.
COMMISSIONER SAUNDERS: I have a question that might
alleviate some concern, potentially. In terms of the leasing, I think you
said there were 12 special events that you could lease out.
MS. WEAVER: Per year, correct.
COMMISSIONER SAUNDERS: Per year. And will the lessee
be constrained to operate in the same hours and conditions as the
church? In other words, no outdoor music amplified, no later than 10
p.m., and that sort of thing?
MS. WEAVER: Correct. So all of the other conditions would
still apply, the hours, but they may request outdoor amplified sound in
their temporary-use permit that would be reviewed. It may or may not
be approved on a case-by-case basis.
COMMISSIONER SAUNDERS: Thank you.
COMMISSIONER FIALA: Okay. Just one quick question. I
think with any development or any commercial business or whatever,
many times they require less parking than really they should, and then
November 13, 2018
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it becomes offensive to the people around there because the cars find
someplace to park, and it might be on the street, and it might be on
people's lawns.
I think we should -- this is, of course, just my opinion. We should
ask for more parking now because they expect to go up to 300
parishioners, and 140 spaces will not take care of all of that, especially
if they have guests or events.
So if it's possible, then -- this is just coming from one person -- I
think we should add parking, extra parking.
MS. WEAVER: So on our site plan, we're showing that there
would be a minimum of 129, which is required for that 300-seat
sanctuary, and then we do have a condition in our list for 140
maximum, and that came from a CCPC recommendation.
I don't know if we would build more than 129 parking spaces to
start, but I think we're more than willing to remove the maximum in
the case that we ever need more and want to construct additional
parking.
COMMISSIONER FIALA: But in case -- is there a way to allot
enough parking for, say, 175 spaces, even if they're not built initially,
but the space would be reserved in case? Because I would hate to see
it spill over into the neighborhood and then aggravate people.
MS. WEAVER: We may be able to find a place for it, especially
if the building isn't constructed exactly as shown, if the footprint is a
little bit smaller or the recreation area is a little bit different. What
we're showing is max buildout and what would be required by code for
that.
I think that we would prefer to have to construct whatever's
required, and then if an event happened where we need to build more,
we certainly would have room for that. We do have some extra space
where we could fit in a few more spaces, but we've -- this plan shows
where 129 would fit.
November 13, 2018
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CHAIRMAN SOLIS: There's only one access point as well,
right?
MS. WEAVER: Correct.
CHAIRMAN SOLIS: So if somebody was to park on First, they
would have to walk --
COMMISSIONER McDANIEL: Through the woods.
CHAIRMAN SOLIS: Or all the way around. Yeah. Okay.
Commissioner Taylor, do you want to talk now, or do you --
COMMISSIONER TAYLOR: Yes. I guess I'm just going to
pose a question to my colleagues up here without expecting an answer
but to keep it in the back of your minds. How are we going to enforce
this? And that's all I have to say.
CHAIRMAN SOLIS: Okay.
COMMISSIONER SAUNDERS: Wouldn't we enforce that the
same way we do other restrictions on any development?
COMMISSIONER TAYLOR: Well --
COMMISSIONER SAUNDERS: I mean, Code Enforcement
would enforce any code violations.
CHAIRMAN SOLIS: Yes.
COMMISSIONER SAUNDERS: I would presume. That's the
way we do it with any business.
COMMISSIONER TAYLOR: But it becomes -- it has -- it's my
understanding in situations where these wonderful, wonderful
structures are put next to -- or nestled in residential, and I guess in this
case it's put next to it, the growth of these churches is, thankfully,
phenomenal, and it becomes almost unmanageable, and it becomes a
detriment to the residential around there.
And I visited the site, and there is a beautiful home, beautiful
home. It's a two-story, almost looks like three-story, I know it wasn't,
right next to it. I mean, right there now they're going to be looking into
this. I just -- I can't imagine that. It's not even zoned for this area;
November 13, 2018
Page 49
that's why they're before us, and yet we're actually considering
affecting a neighborhood, the Golden Gate Estates. I just -- I'm having
a lot of trouble with this one.
So I'd just like to know how we're going to enforce it. Yes, we
can all Code Enforcement, yes, they can come out, but the damage has
been done.
MR. YOVANOVICH: May I? For the record --
CHAIRMAN SOLIS: Mr. Yovanovich.
MR. YOVANOVICH: -- Rich Yovanovich.
A couple of facts that maybe Commissioner Taylor's not aware
of. We've actually coordinated with the neighbor that you're
concerned about, and that neighbor is the one who asked us for the
landscape to be the landscape buffer we're proposing adjacent to their
property and didn't want a wall. They preferred enhanced landscaping.
So we have reached out and coordinated with the neighbor.
I will also tell you that we will go through the Site Development
Plan process, we will meet the code, and we will be no different than
any other project that goes through the process. I will also tell you that
it's a rare occasion that churches exceed the parking.
Now, I'm going to tell you, we all know that Christmas and Easter
Sunday sometimes, you know, all bets are off. But generally you don't
find issues with churches. And I've done a few of these, and I'll give
you an example that was a hotly contested church in the Pine Ridge
community. Covenant Presbyterian Church was recently expanded on
U.S. 41. The Pine Ridge community was concerned about all this
cut-through traffic, and a lot of these general provisions you now see,
including having to hire an off-duty police officer or a sheriff's deputy
to manage traffic in case people are cutting through and not respecting
the neighborhood, have become general conditions.
And to my understanding, and Mr. Casalanguida and Mr. Ochs
can correct me if I'm wrong, that condition has never been
November 13, 2018
Page 50
implemented where there's a sheriff's deputy there at Covenant
Presbyterian Church on Sundays because of the potential concern that
people are worried about.
I live in that community, so I go by there. I don't go by there
every Sunday, but I do go by there. So I don't think that these concerns
actually come to fruition, and I don't think people are parking in the
swales at Covenant Presbyterian Church.
This is a small church. Three hundred seats is not a mega-church.
It's not a large church. They will be respectful to the community, have
made a lot of changes based on community input, including limiting
access just to Golden Gate Boulevard and not coming off of Weber.
So I think that enforcement is not going to be an issue, and if it is
an issue, you have a code enforcement office that will come out and
make sure we don't have any problems. But I think that there will not
be problems, and we have coordinated with the immediately adjacent
neighbor in designing this site plan.
COMMISSIONER TAYLOR: Well, I guess it's my opinion that
Golden Gate is a very wonderful -- Golden Gate Estates is a very
unique and wonderful part of our community; that the integrity of the
Estates needs to be maintained. And sometimes these projects, little
bit by little bit, start to eat away at it.
To me, Golden Gate Estates makes this community unique. We
don't have another neighborhood or area like Golden Gate Estates.
This is -- you're coming before us because the plan for this area was
never to put a church here. And so I'm really having a problem,
because the church of my day is not the church of today.
MR. YOVANOVICH: Well, and the church that we're proposing
is the church of your day. And I will tell you that Golden Gate Estates,
the Comprehensive Plan is so narrowly written that it almost
essentially prohibits places of worship out in Golden Gate Estates. I
don't think the Commission intended to be that broad in the
November 13, 2018
Page 51
prohibition. If you'll notice we're always coming through with a
Comprehensive Plan amendment to put a church out in Golden Gate
Estates.
You have very specific conditional-use criteria to address the
compatibility and address that, and that's what we're doing, and we're
going through the heightened review to have to do a Growth
Management Plan amendment out in Golden Gate Estates to put in a
very neighborhood-oriented smaller church.
I would agree if we were talking about a thousand-seat church on
this corner, but we're not talking about a thousand-seat church. So it is
a neighborhood church, and it hasn't evolved from other small
neighborhood churches that you'll find throughout Collier County that
have not negatively impacted the neighborhoods in which they're
located.
COMMISSIONER TAYLOR: Then I would argue that Golden
Gate Estates was designed so that folks who live there would have
their peace and quiet respected, and that if they wanted to go to church,
they would understand, by living in Golden Gate Estates, they would
drive there. And I don't mean to be argumentative, but to me that's the
true -- that's the true genesis of the Golden Gate Estates.
Thank you.
COMMISSIONER McDANIEL: I'll go after speakers.
CHAIRMAN SOLIS: Okay. We have a couple of speakers.
MR. MILLER: Yes, Mr. Chairman. Your first speaker is John
A. Kelly. He's been ceded three additional minutes from Renate S.
Kelly. Ms. Kelly, could you indicate your presence?
(Raises hand.)
MR. MITCHELL: Thank you. And Mr. Kelly will be followed
by Tim Pratt.
MR. KELLY: Good morning, Commissioners. My name is John
Kelly, and I reside at 221 Weber Boulevard South.
November 13, 2018
Page 52
I also represent my mother, Renate Kelly, who resides at 291
Weber Boulevard South. Together we have 10 acres located within the
notification area of the subject petitions.
I will also let you know that although some of you recognize me
as being on your payroll, I appear before you today as a citizen and
full-time resident of Collier County and concerned resident.
Thank you, Ms. Taylor, for your comments. They're spot on.
There's insufficient time for me to say everything I feel that I
must, so let it suffice to say that I'm here today to ask that you respect
your Growth Management Plan and the incorporated Golden Gate
Estates Master Plan as they exist today.
It is your GMP that provides guidance and structure to your Land
Development Code. If the community cannot have confidence in the
Growth Management Plan, how can they have any member of the
community make any competent decisions pertaining to anything
having to do with zoning issues within the county?
When my family purchased property in Golden Gate Estates
some 20 to 25 years ago, we were very much assured that there would
never be any commercial development; that it was a residential area.
What concerns me more is that once you consider granting of a
GMP amendment here, you're opening the door to others within the
immediate vicinity. I'd also argue that by considering both the GMP
amendment and a conditional use zoning action simultaneous, the
county seems to be engaging in spot zoning. Is that really the practice
this county cares to engage in and the direction in which we care to
proceed?
As for my family, we're not so much opposed to a church as we
are fearful what else could result. As you may or may not know, the
church in question had a prior location off Livingston Road where they
had rezoned property, had a Site Development Plan, and subsequently
-- for 300-seat church and subsequently sold that property. They
November 13, 2018
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ended up at the current location, as it was affordable; however, there's
been no mention that during this process the applicant purchased
additional property in an appropriately zoned area and obtained
permitting to convert the lower level of that property to a church.
What happens if the church decides again to sell off their
property? You'll have already approved a GMP amendment. So
please consider that.
Now, then, the issue of a conditional use at this location. I truly
believe that your Planning Commission, with exception to the
chairman, totally lost perspective. Rather than discussing how to
ameliorate the impacts of a church being located within a residential
community, they decided to argue what services could be offered or
should be offered by a church.
It was argued -- well, I'll just cut to the chase. The member on the
Planning Commission that offered the motion to approve the church,
or not to approve but to move it forward to you with a favorable
recommendation of approval, conditioned that on the church providing
alcohol and drug rehabilitation services or counseling. That's
concerning to me in a residential area.
And the church did not say that -- no, we told the community at
two neighborhood meetings that that would be prohibited. They
decided to say, yes, we welcome and would like to provide that
service. It concerns me what we're going to end up with at this corner.
In closing, I, again, ask you to leave your Golden Gate Area
Master Plan as it is today without amendment. At the very least,
should you disagree, I beg you to send the item back to your Planning
Commission so as they can really discuss how to ameliorate the effects
of a church providing alcohol and substance-abuse counseling at this
location, and I thank you for your time very much. Thank you.
MR. MILLER: Your next speaker is Tim Pratt.
(No response.)
November 13, 2018
Page 54
MR. MILLER: Tim Prett? Tim Pratt?
(No response.)
MR. MILLER: I guess he's not present, sir.
CHAIRMAN SOLIS: Okay. Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, yes. I have a couple of
things and a suggestion. I'm not at all opposed to having the CCPC
review this again. There were some adjustments after the original
public notice process, number 1.
Commissioner Taylor, and not to correct you but just to add
assurance to what you're talking about, churches are allowed in Golden
Gate Estates.
COMMISSIONER TAYLOR: Oh, I know that.
COMMISSIONER McDANIEL: Everywhere. They all require a
conditional use which is the precept for this applicant's coming
forward. So even on a small piece of property in a residential area, a
church is, in fact, allowed but by conditional use request, which brings
them forward to put these stipulations in.
We are, as we all know, in the process of reviewing the Golden
Gate Estates Master Plan and the GMP amendment process and have
found multiple shortcomings in the public notice process, which is
difficult for me. I mean, shortly after I became commissioner, a school
was placed out in Golden Gate Estates right on Immokalee Road, and
the school only had to notify two people, two residents that were in
that nearby surrounding area.
So I've got concerns with the use. One of the things that I would
like to suggest and, again, depending on what you-all believe we
should do, is -- because the Grace Romanian -- I certainly don't have
any issue with the particular church that's coming before us. I would
like to suggest to our residents out there that this intersection, yes, it is
currently zoned residential. It could be something else other than a
church.
November 13, 2018
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But my concern is with the use change or with the ownership
change. Right now we're dealing with the folks at Grace Romanian
Church, baptist church, and then some day somebody else decides they
want that particular location more than they do.
And so I would like to have a discussion, whenever this comes
before us, about ownership shift. If, in fact, this becomes a different
church than the particular ones that are applicants now, that we have a
-- we have some opportunity. And I don't know if we can do that
legally or not, Rich. You're making a face at me, so...
MR. YOVANOVICH: Sorry. I lost my poker face.
COMMISSIONER McDANIEL: Sorry. But that's one of the
things.
Now, the second question that I have is, I was under the
understanding that we were -- we weren't physically going to be doing
drug and alcohol rehabilitative services. It was just an allowance for
AA meetings, which most all churches, in fact, do have.
MR. YOVANOVICH: Yeah. And I was going to address that
point when I got up here.
COMMISSIONER McDANIEL: Oh, okay.
MR. YOVANOVICH: And I'll do it now since you brought it up,
or do you want me to wait?
COMMISSIONER McDANIEL: No. Go ahead, please.
CHAIRMAN SOLIS: I was only going to add that I watched the
entire Planning Commission meeting, and the discussion was about
AA meetings and groups like that. Not operating a rehabilitation
center, right?
MR. YOVANOVICH: Yes. And first of all, the approval of the
church was not conditioned upon our providing these services. The
motion was made by one of the Planning Commissioners that they
didn't want to prohibit the church if AA or Narcotics Anonymous
wanted to have meetings at the church. It was never said, "In order to
November 13, 2018
Page 56
be able to do a church, you have to provide this." And we are not
providing drug and alcohol rehabilitation services.
That is not what we're doing. It was never what was intended by
the Planning Commissioners that brought that up, but at least the
church I go to, and many churches throughout Collier County, do
provide space for AA meetings to occur, and that is the total context of
where that came from, and drug and alcohol rehabilitation was not an
approved use in this conditional use and was not a condition precedent
for a church being allowed to occur on that site.
COMMISSIONER McDANIEL: I also express the same
concerns or carry the same concerns that Commissioner Taylor does
because, you know, I've said it on multiple occasions. The
enforcement aspect, once we approve something, is after the fact. And
the impact on our neighbors on Weber and on Golden Gate Boulevard
that is, in fact, main and main for the major access point for currently
out of Golden Gate Estates, is -- it's going to be -- it's going to be a
tremendous impact on the neighborhood.
So I carry those same concerns that you have expressed,
Commissioner Taylor, with regard to the intensity. I think the
applicant, though, has reduced those impacts as much as physically
possible, or at least allowed for them to be reduced. I'm concerned
about the enforcement aspect, though.
What are we going to -- other than someone, the neighbor, calling
to complain about an after-hours event or too loud of an event that's a
special use -- and that was a question. Who approves the special-use
permits? Does that come back to us, or is that done administratively?
MR. YOVANOVICH: It's your staff approves special-use
permits.
COMMISSIONER McDANIEL: So the neighbors that are there
that are impacted by staff allowing a noise-amplified event are
relegated to who?
November 13, 2018
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MR. YOVANOVICH: Well, I guess staff, and it would be --
staff would approve appropriate hours of operation for that event. For
instance, I didn't know that if you have a church picnic and you
actually allow guests to come to that who are not church members, you
have to get a special-event permit for that.
So those are the types of events that -- you know, or a church yard
sale, things like that, are going to require a special-events permit.
They're typical events that churches have.
I know one concern was raised by Mr. Kelly both at the
neighborhood information meeting and the -- sometimes churches have
carnivals and things like that, and that's been prohibited. So those --
we've tried to take care that there would be no events that would be
disruptive to the neighborhood in limiting it to -- through the
special-events process.
I don't -- I mean, I don't really think that you get that many
complaints from churches, and when you do, we're going to be brand
new building. It's not going to be older buildings that are metal
buildings and things like that where you do have some concerns about
noise coming from the building when you're having a regular service.
I think we've done everything we can to put reasonable
conditions, including limiting the hours of operation during the week
to nonpeak hours, low peak-hour trips during the week. Churches are
Sunday morning, generally, traffic generators, and I think that we're
going to fit in nicely with the community. And the other communities
that have experienced these same concerns, they haven't come to
fruition.
MR. KLATZKOW: Commissioners, this is a conditional use.
You can add restrictions. I mean, what's set before you is not in stone.
If there are additional restrictions you want to place on this in order to
make you comfortable with this, you can do so, including prohibiting
amplified sounds, period.
November 13, 2018
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COMMISSIONER McDANIEL: Outside events.
CHAIRMAN SOLIS: So I have Commissioner Fiala and
Commissioner Taylor with their lights on, but we just gave our court
reporter an award, and so I'm just going to say, can we finish up, do
you think? Are you okay? Okay. We'll then --
MR. OCHS: I'll remind you you have a 10:45 time-certain.
CHAIRMAN SOLIS: We have a 10:45 time-certain as well, so.
Okay. Commissioner Fiala.
COMMISSIONER FIALA: Yes, two things. I forgot to declare
on the ex parte I spoke with two Planning Commissioners, and I did
not mention that. So I'm sorry.
The second thing is, I was -- I, too, respect the efforts that have
been put in to preserve the Golden Gate Estates feel, the country feel,
the feeling of open space, and the feeling of privacy and keeping out of
the commercial businesses. And I just hope that -- one little fear that I
have is I hope this doesn't lead to other commercial businesses wanting
to come in, and especially not on side streets or other things.
I can understand in this particular case, but does this church,
wherever they're located now, if they have a location, does it have a
reputation in that neighborhood as to how it gets along? And I know
you wouldn't have that information, but I'm curious.
MR. YOVANOVICH: Well, I could tell you that they've been
worshipping at First Baptist. They've had to relocate, so temporarily
bought an office building, and that's the renovation that Mr. Kelly was
referring to as their building out some office spaces as an interim use,
and then they want to -- they want this to be their permanent home.
So I can only tell you that I spent four years at a baptist college,
and they're not loud, crazy people. Now, Lutherans can be a little bit
different.
COMMISSIONER FIALA: Oh, that was a good one.
MR. YOVANOVICH: But I can -- you know, I could just say,
November 13, 2018
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Commissioner, I went to more than one church service, and they're not
bad neighbors, and they're not going to --
COMMISSIONER FIALA: No, you know, I wouldn't think that
either. Baptists are pretty strict anyway, aren't they? And they do play
a lot of music because, you know, the younger people nowadays enjoy
worshipping by music and through music, and so I realize that as well.
Thank you.
CHAIRMAN SOLIS: Okay. Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I wondered if we could get
any kind -- kind of without warning, Mr. French, but it's my
understanding that we do have challenges with code enforcement of
churches throughout our county, and I wonder if you have any kind of
information you could bring forward or you feel comfortable bringing
forward, not mentioning names, but --
MR. FRENCH: Good morning. For the record, Jamie French.
I'm your deputy department head for the Growth Management
Department. Code Enforcement falls underneath my purview.
Yes, ma'am, there are a number of the older churches where
zoning wasn't quite so tight that we have had Code Enforcement
engage with some of those churches. Typically what we're findings is
that as these churches that come in and occupy these formerly built
structures that zoning was in place, they go beyond the entitlements to
where they do have some parking restrictions. They -- at times they
will have some unpermitted events, and all of those applications do
come through our office, and they do get thoroughly reviewed. If it's
after hours, if there's anything to that magnitude that would require
additional assistance, we reach out to the County Manager's office as
well as to the County Attorney's Office for further direction.
But, yes, some of the older churches where we're starting to see
new people or new organizations come in, we do struggle a little. But
in this particular case, ma'am, I have reviewed this documentation.
November 13, 2018
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And I will tell you that the Planning Commission and the applicant has
done a pretty good job and, as Mr. Klatzkow alluded, you can certainly
put conditions in there that would restrict any additional uses beyond
what they're asking for.
COMMISSIONER TAYLOR: Thank you.
MR. FRENCH: Yes, ma'am.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: I have a rather unusual request,
and that is there's been -- several people came that would like to speak
that are from the public, and if you would so entertain it, Mr. Chair, I'd
like to have them have that opportunity to be swore in and speak on
this matter.
I don't know if you actually closed the public hearing portion of
this or the public speaking portion of this, but --
CHAIRMAN SOLIS: They're not registered to speak.
COMMISSIONER McDANIEL: They are, but they turned their
slip in late.
MR. MILLER: Actually, it's kind of a double-edged thing here.
Michael Ramsey submitted two slips, one for 8A, 9A. We're only
accepting one slip for both items, but he did submit a slip after we
were done hearing public speakers.
Chairman's prerogative, sir.
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: He is the president of the
Golden Gate Civic Association.
CHAIRMAN SOLIS: If he wants --
COMMISSIONER FIALA: Was he here to be sworn in?
COMMISSIONER McDANIEL: Not yet. He was in the
hallway, I think, or on his way.
CHAIRMAN SOLIS: I think if he wants to speak and he put in a
slip for one of them, I think he should be entitled to speak.
November 13, 2018
Page 61
COMMISSIONER McDANIEL: Did you raise your hand? Tell
him, Terri.
MR. OCHS: Sir, just for reference, and for the audience
reference, you must register before the Board begins hearing the item.
That's the protocol that the Board has followed for years. So if you
want to be heard on an item, please get your speaker slip in before the
discussion starts on that.
COMMISSIONER TAYLOR: And you can change your mind
during the discussion, but it's most important to get it in.
(The speakers were duly sworn and indicated in the affirmative.)
MR. RAMSEY: I would have been here earlier, but there's no
parking places. It's absolutely full.
My name's Michael Ramsey. I'm the president of the Golden
Gate City Area Civic Association. I spent 10 minutes looking for a
parking place just to get up here.
On this issue with the church, first and foremost, we had gone
through meetings with community and neighborhood information
meetings for the last year, year and a half with this church. We started
off with information from the church at a certain level of activity, and
it appeared that the church was working its way into fitting in with the
rural community that we have.
After a year of meetings, they came back with an update on their
plans. It increased the activity and the number of people in there. We
went to the neighborhood information meetings, and there was a lot of
people that were against it because it didn't fit well into the
community. It appeared that they were not trying to fit into the
community. So we do have an issue with that and were against it at
that point after the second neighborhood information meeting.
Second, although it's -- I don't know if it's expressed clearly, that
area next to that intersection has high traffic. And the road, First
Street, also intersects with two other churches and the park, Max Hasse
November 13, 2018
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Park. This thing has a lot of traffic implications on the weekends and
during events. I don't think that's been brought up in here, and it really
does interfere with the residential rural lifestyle in the Estates.
And, for that reason, we'd be against the rezone and also
transmitting the growth management issue with it because the Golden
Gate Master Plan is still under review, and we had recommended to
wait till we had finished and did the update. So for those two reasons
we would not recommend approving this. Thank you for the time, and
we need a bigger parking lot.
MR. OCHS: You've got a five-story parking garage right there.
Free parking, sir. We have a second one as well.
MR. YOVANOVICH: Can I respond to some of those
comments?
CHAIRMAN SOLIS: Sure, briefly.
MR. YOVANOVICH: I'll try.
First of all, the building has always been 24,000 square feet. The
changes that occurred between the first NIM and the second NIM were
to change the access to no longer have access on Weber, to actually
allow them to have worship services other than on Sunday. Because
when they came to meet with me after they had these initial meetings
-- and I wasn't there at the very beginning -- I said to them you do
realize that Christmas only happens on Sundays once every six or
seven years. So the provision you had agreed to with only having
worship on Sunday means you can't have a Christmas service.
So we said, let's go back to the community and explain the
changes we're making, because what we didn't want to happen was, at
the first Planning Commission meeting, be accused of a bait and
switch. So we went back and had the second neighborhood
information meeting to explain the changes in the access and any other
changes that related to hours of operation that had been previously
included.
November 13, 2018
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For instance, there was a prohibition from having Bible studies
during the day and things like that. So we -- yeah, they weren't
allowed to do anything during the day. So I said, let's go back and
explain how churches really work. They're not experienced in this
process and I said, I know you're going to have pastoral counseling and
things like that that happen during the day. That's prohibited. So we
went back and made those minor changes.
That's the only changes that occurred. We've never increased the
size of the church, that's not correct, between the first NIM and the
second NIM. And we had the second NIM before we went back to the
Planning Commission.
So I just want that to be clear that, yes, there were some changes
and we clarified the hours of operation during the day and clarified that
we can actually have worship services on other days other than on
Sunday.
CHAIRMAN SOLIS: Commissioner Taylor, it's 10:55.
COMMISSIONER TAYLOR: Yeah. You know what, I have
questions, and -- but we have a lot of things going on. So I'm going to
bow to you, sir. I can hold my questions, but I would like them
answered before --
CHAIRMAN SOLIS: I'd like to - I was just pointing out that
we're now past the 10:45 time-certain. If you have comments, I'd say
let's get it done now, if our court reporter's still okay, so that we can get
through this item and then we'll start with our time-certain after our
10-minute break.
COMMISSIONER TAYLOR: I guess what I read in the traffic
engineering is -- the report is that you are estimating 12 trips per day?
MR. YOVANOVICH: Twelve peak-hour trips during the week,
not Sundays. Obviously Sunday is a different time period.
COMMISSIONER TAYLOR: Right.
MR. YOVANOVICH: But 12 peak-hour trips, and we've limited
November 13, 2018
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ourselves to 12 peak-hour trips -- p.m. peak-hour trips during the
week.
COMMISSIONER TAYLOR: Okay. So that's what, four to --
what?
MR. YOVANOVICH: It's basically -- we're not even open
between 4 -- 4 and 6, so we're not even open during the peak. So these
trips that we've agreed to cap ourselves on, we're not even open, but
that's what your normal ITE manual would say, a church generates 12
p.m. peak-hour trips, so we included that as a prohibition. And we're
not open during the a.m. peak, and we're not open during the p.m. peak
so that we don't interfere with people's going to work, coming home
from work. So we did limit the hours of operation that way during the
week.
COMMISSIONER TAYLOR: Well, I think that's precisely --
you made my point. You limited yourselves to what I consider, given
the success and the importance of the vibrancy of this church, to an
impossible standard to achieve, but you're not open, so you've achieved
it.
What I'm concerned about is the Bible studies. What I am
concerned about is the activity of a church. I mean, this is a fabulous
church. It's a very vital and growing church, and it should be. It just
shouldn't be here. Thank you.
CHAIRMAN SOLIS: Any other questions? Commissioner
Saunders.
COMMISSIONER SAUNDERS: Just a quick comment.
Obviously, we're going to -- as the community continues to grow,
there's going to be more churches that are going to come before us.
And I'm looking at this location and these conditions, and I'm not so
sure we could find a better location for a church.
You're going to have one -- I know Mr. Yovanovich is involved
in one in the Grey Oaks area, or the Oaks, I'm sorry, the Oaks
November 13, 2018
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subdivision --
MR. YOVANOVICH: Oaks.
COMMISSIONER SAUNDERS: -- where they're going to be
looking for a conditional use. That's embedded in the heart of a
community. This is at the intersection of two major roads. So I'm not
sure, if we don't approve this, where you can do churches other than,
perhaps, at the commercial centers, and, you know, the major
intersections that are already activity centers. Those might be the only
locations left.
So I just throw that out. I'm not sure why this would not be a
good location for a church, and if it's not a good location, I'm not sure
where a church would go in this community.
CHAIRMAN SOLIS: Thank you. Is there a motion?
COMMISSIONER FIALA: I'll just -- not a motion yet. I just
want to say, I felt that being on the corner and not down the street
would not be as much of an impediment as, you know, being right
there and can get in and out, and they don't travel through the
community at all because there's no reason to travel. There's nothing at
either end of anything. So I wanted to insert that.
CHAIRMAN SOLIS: Can I obtain a motion to approve with the
conditions from the Planning Commission?
COMMISSIONER SAUNDERS: If I might ask Mr. McDaniel a
question. You had said something about referring this back to the
planning board. I'm not sure why we would do that. What was your
rationale for that?
COMMISSIONER McDANIEL: Twofold. Number one, the
notice process from the original application to the second process -- to
the second public notice -- and Mr. Yovanovich and I have already
gone round on this -- I feel was deficient, one.
The public that is impacted by this is greater than the 300-foot
notification requisites within the current GMP amendment -- or the
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Page 66
GMP for Golden Gate Estates. We're impacting everybody to the east
and everybody to the south on Weber, this particular use.
I can't say -- there's hardly -- I concur with you, Commissioner
Saunders, that there's hardly a better location for a church. It's just I
feel the public-notice process is sorely deficient, and --
COMMISSIONER SAUNDERS: Mr. Chairman, could I ask
another -- one more question of the petitioner?
CHAIRMAN SOLIS: Were you finished?
COMMISSIONER McDANIEL: Yeah, I'm done.
COMMISSIONER SAUNDERS: On Weber, obviously, there
are going to be some folks that are going to -- I think you said 20
percent are going to take the right-hand turn onto Weber hitting south.
Now, if you're on Weber, how do you get back -- can you get back to
951, or do you have to go back up to --
COMMISSIONER McDANIEL: You've got to go all the way
south on Weber to White and/or jump on First and go out around and
come out at the light over at Max Hasse.
COMMISSIONER SAUNDERS: So it's not a particularly
convenient way to get back onto 951, or is it a convenient way?
COMMISSIONER McDANIEL: Weber South -- depending on
which way you're going. If you want to go north on 951, it's a trick
because you've got to go two miles south down to White Boulevard, or
you come around to First and you go over through the park and out at
the light onto Golden Gate Boulevard, or you go on down -- as they've
shown on the map, go on down to Golden Gate Boulevard and do a
U-turn.
COMMISSIONER SAUNDERS: And then one other question
for the petitioner. Where do your parishioners -- for the most part,
where do they live?
MR. YOVANOVICH: We have a fair number that live out in
Golden Gate Estates. That's one of the reasons this site made sense.
November 13, 2018
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So, you know, that's -- it's a good location because we have people
living in that general vicinity; not everyone, obviously, but we have a
fair number of members that live out in that area.
And I'm not -- I don't mean to be argumentative with
Commissioner McDaniel about the notice process. I really do feel like
at the second NIM -- there were more than 30 people at that NIM,
which is a large number, including Mr. Ramsey was at the NIM, so I
know the word got out at the second NIM.
And if you went back and watched the discussion and
thoroughness in which this Planning Commission discussed all of
these issues and beat up this piece of property on whether it was
appropriate or not with the conditions, I think that we did address that.
Now, I understand -- and I bet you that if you were to ask Jamie
to come back up here, it would be amplified -- outdoor amplified
music or amplified music as a whole that's been your issues with
churches.
Obviously, indoor amplified music, I think we should be allowed
to do. It's going to be a brand new building. I just don't think it will be
a problem. But if it's going to be a real problem with outdoor
amplified music, we don't want to see the church go down because we
could potentially have special events that would allow amplified
music.
So if you wanted to put a prohibition on that, and after we've
proved ourselves as a good neighbor, we could come back and ask for
an amendment to the conditional use at that point if we ever felt it was
vital to have special events with amplified music. You know, I would
suggest that perhaps that would be a reasonable compromise to address
noise-level issues with the community.
And I hope that that -- and that's what I heard was basically
mainly noise and traffic. And I don't really think a lot of people are
going to come down Weber to try to go back to wherever they're
November 13, 2018
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coming from. It's just not a convenient way to go.
COMMISSIONER McDANIEL: They're going to go in on First.
MR. YOVANOVICH: Well, I mean, come down to First --
they'd have to come down Weber to First, but if you want to go back
west and north, you're not going to do that. You're going to mostly go
east on Golden Gate and do your U-turn.
So I hope we can get there without having to go back to the
Planning Commission, because I don't know that another lengthy
debate there is going to change much of the outcome.
CHAIRMAN SOLIS: Very good. Our court reporter --
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN SOLIS: Yes.
COMMISSIONER SAUNDERS: I'm going to make a motion so
we'll get through this here real fast, but I want to ask a question of the
County Attorney.
8A is a conditional use that I think requires three votes; is that
correct?
MR. KLATZKOW: Four votes.
COMMISSIONER SAUNDERS: It requires four. And then how
about 9A?
MR. KLATZKOW: Four votes.
COMMISSIONER McDANIEL: Supermajority.
COMMISSIONER SAUNDERS: I'm going to make a motion to
approve 8A --
MR. KLATZKOW: Before you make your motion, does anyone
want to hear from staff or have a question for staff?
COMMISSIONER McDANIEL: I have one question of staff
with regard -- and this is for Mr. Bosi. Is this particular site a
designated activity center?
MR. BOSI: This is not a designated activity center.
COMMISSIONER McDANIEL: Okay.
November 13, 2018
Page 69
MR. BOSI: Mike Bosi, Planning and Zoning.
COMMISSIONER TAYLOR: And I have a quick question --
CHAIRMAN SOLIS: Okay.
COMMISSIONER TAYLOR: -- of the petitioner, if you don't
mind.
And I know you're here. I mean, I'm answering my own question,
but I'm going to ask you anyway just to get it on the record. Is there
any problem of waiting until the Golden Gate Estates Master Plan is
completed before you come back to us?
MR. YOVANOVICH: Well, first of all, the answer -- short
answer is yes because, you know, we don't know when that process is
ever going to get completed.
COMMISSIONER TAYLOR: Okay.
MR. YOVANOVICH: And what you've got proposed right now
isn't going to allow for churches to occur on this piece of property in
the first place, because you don't do site-specific planning through your
comprehensive planning process. That's why you have these
small-scale Comp Plan amendments coming through in the first place
is because you're not looking at the specifics, and that's why I'm saying
you're not going to get there because you're not doing that type of
planning anyway. You're looking at a much bigger scale.
CHAIRMAN SOLIS: Very good. Thank you, Commissioners.
COMMISSIONER SAUNDERS: Mr. Chairman, I'm going to
make a motion to approve the petition, Items 8A and 9A, with an
additional condition, and that condition is that there's no amplified
outdoor music and if there's a -- obviously, if there's a problem with
too much noise coming from inside, that will be an issue to deal with.
So I'll make that motion.
CHAIRMAN SOLIS: Is that your second?
COMMISSIONER FIALA: Yes, I will second it. And I just have
to say it's been very difficult because, you know, we've got a
November 13, 2018
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commissioner here who lives in the area, and we -- and we really
appreciate all that he offers to this group, as well we've got a planning
commissioner that lives right down the street from it and he's -- you
know, so we have to go against the people that we work with, and you
hate to do that but, on the other hand, to be perfectly fair -- and I think
a lot of times we forget about being fair, and in this case that is a fair
thing.
And as long as it's not something that's down the street or it's a
huge thing, they have complied with all of the things that we've asked;
I like the insertion that we don't have any amplified music,
Commissioner Saunders. So I will second that motion.
CHAIRMAN SOLIS: There's a motion and a second. Any other
discussion?
(No response.)
CHAIRMAN SOLIS: All in favor, say aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER TAYLOR: Opposed. It fails.
MR. YOVANOVICH: Can I just say something for the record at
the end, real briefly, since we're done. I just want you to know the last
two churches that have come forward in front of the Planning
Commission on major intersections have failed 3-2. I don't know what
to tell churches that want to come to Collier County to do.
COMMISSIONER FIALA: And the Planning Commission voted
6-1 in favor of, so that weighed heavily on my thoughts as well.
CHAIRMAN SOLIS: It did.
COMMISSIONER FIALA: So, you know, we have to -- we
have these committees to guide us. Thank you.
November 13, 2018
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CHAIRMAN SOLIS: Take a 10-minute break.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, if you'd please take your
seats. Please come to order. Thank you.
Mr. Chairman, you have a live mike.
CHAIRMAN SOLIS: Thank you, Mr. Manager.
We're on to our time-certain that's, unfortunately, not that certain.
COMMISSIONER McDANIEL: Mr. Chairman?
CHAIRMAN SOLIS: Yes, sir.
COMMISSIONER McDANIEL: Before we go on to our next
item, I would like to have a discussion, or I'd like to make a motion for
reconsideration on our last vote. I would like to -- I would like for us
to give consideration to continuing this item and referring it back to the
Planning Commission just to give an opportunity for greater public
knowledge or greater public information with regard to the use.
COMMISSIONER FIALA: I'll second his motion if you'd like --
if you need a second.
COMMISSIONER McDANIEL: Well, I think it does need a
second if we want to have a reconsideration of it.
I'm having difficulty with the entire process, as I've said along -- I
have an enormous amount of faith in the chairman of our Planning
Commission, who lives in Golden Gate Estates. I have an enormous
amount of faith in the folks that live in Eastern Collier County and
Golden Gate Estates.
I just -- I'm troubled with the lack of public notice and the current
limitation of the GMP for Golden Gate Estates, so...
COMMISSIONER FIALA: You know, I have to chime in with
what Commissioner Bill says, and that is, notification, when it only
goes out to 500 feet and the 500 feet is across the street, and you've
already taken all the 500 feet, so I agree.
CHAIRMAN SOLIS: I was told it was a thousand that it was
November 13, 2018
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sent out to. Anyway.
COMMISSIONER SAUNDERS: Mr. Chairman, on the motion,
obviously I made the motion to approve the church, so I'm not going to
object to reconsideration. But in the interest of the shortness of human
life, I have a question for Mr. McDaniel. You know, this will come
back at our next meeting. We'll vote on the motion to reconsider, and
the thing it will -- you know, we'll send it out and have more notices,
but we're going to come back with the exact same facts. And so I
guess I just ask that, you know, if this is a motion to reconsider
because you may ultimately reconsider your vote, then, you know, I
support that. But if it's just because we want to get more notice out
and we're going to have the same result -- that's all. I'm just saying I'm
supporting your motion, but hopefully it's not just to get more notice
out and come back with the exact same facts.
COMMISSIONER McDANIEL: There were -- in all candor, I
may reconsider my vote. There were original stipulations that were
asked for by the -- our chairman of the Planning Commission with
regard to protection for traffic concerns on Weber, limitations on hours
of operation, and those sort of things that I don't think are particularly a
portion of this current application. So I can't say I'm going to change
my vote. I just --
COMMISSIONER SAUNDERS: There is that potential?
COMMISSIONER McDANIEL: There is the potential there. I --
as you can tell, I am seldom torn on decisions, but this is one where I'm
having a difficult time.
And I've received an enormous amount of concerns from our
residents, not just in close proximity but all of Eastern Golden Gate
Estates being -- you know, if Vanderbilt Beach Road were already
constructed and there were another access point, I think I would have
less concern with regard to the intensity of this use in relationship to a
residential use. But it's not, so it's -- you know, it's a fact of our life.
November 13, 2018
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CHAIRMAN SOLIS: The restrictions you were talking about
were the times of operation during the week? Because that's what I
thought changed.
COMMISSIONER McDANIEL: Right.
CHAIRMAN SOLIS: I mean, to have --
COMMISSIONER McDANIEL: It was --
CHAIRMAN SOLIS: To build a church that you can't use during
the week just seems to me to be --
COMMISSIONER McDANIEL: And I concur with that. You
know, certainly there should be allowable uses that are there, and I do
want to say, you know, there are more good things coming from a
church than just the AA meetings. I mean, you know, there are scout
meetings and there are military meetings and there are weight-loss
meetings, and there are other things that come that are of value to a
community. But at the end of the day, this is a residential-zoned piece
of property, and it's impacting a far larger area than that that is
currently required per the Golden Gate Estates Master Plan, period.
And that's where I'm -- that's where --
COMMISSIONER FIALA: I admire that you have such an open
mind.
MR. KLATZKOW: Is the thought to bring it back to the
Planning Commission to go over additional limitations for the use
since this is a conditional use and then bring it back here, or is the
thought to bring it back here directly?
COMMISSIONER McDANIEL: Take it to the Planning -- I'd
like it to go back to the Planning Commission for a re-discussion,
revisit as for -- as for the conditions and stipulations that are in the
current conditional-use request.
MR. KLATZKOW: Okay. I'm just trying to get clarity as to
what we're doing. So the vote is that we would ask the Planning
Commission to look at it again --
November 13, 2018
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COMMISSIONER McDANIEL: Yes.
MR. KLATZKOW: -- see if they can tighten, you know,
somewhat the uses to make it more compatible with the community,
and then bring it back.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN SOLIS: Yes, sir.
COMMISSIONER SAUNDERS: We have a little bit of a
procedural issue here. So what I'm going to ask the County Attorney
is, we voted to deny these petitions on a 3-2 vote. Can we withdraw
that vote so that we still have a live petition? Because right now the
petition's been denied.
COMMISSIONER McDANIEL: Technically, that's correct, yes.
COMMISSIONER SAUNDERS: And so I know in some
procedures you can actually make a motion to withdraw that vote to
re-establish the fact that we have live petitions in front of us;
otherwise, we have a reconsideration ordinance that requires it to come
back to us.
MR. KLATZKOW: The reconsideration ordinance really doesn't
contemplate sending anything back to a planning commission, so we're
trying to skate around the issue. If the Board wants to simply vote to
retract the decision and send it back to the Planning Commission, you
can do that.
COMMISSIONER SAUNDERS: I'll make that motion then.
COMMISSIONER FIALA: Second.
CHAIRMAN SOLIS: Well, there was already -- there was
already a motion and a second.
COMMISSIONER SAUNDERS: I'm sorry.
COMMISSIONER McDANIEL: Procedurally we have to do
what Commissioner Saunders has said. So I'll withdraw my original
motion -- we're getting to the same place.
November 13, 2018
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COMMISSIONER FIALA: I still keep my second no matter
which one.
COMMISSIONER SAUNDERS: I'll make the motion to retract
the vote that we just took on Petition No. 8A and 9A.
MS. WEAVER: If I may, can I make one quick comment?
CHAIRMAN SOLIS: Yes. We should let the applicant say
something.
MS. WEAVER: I just want to put on the record that we had our
staff double-check, and we did notify the neighbors within 1,000 feet.
COMMISSIONER SAUNDERS: It doesn't matter. The petition's
been denied.
MS. WEAVER: I understand. I just wanted to put that on the
record.
COMMISSIONER McDANIEL: We're technically un-denying
you right now.
COMMISSIONER SAUNDERS: Yeah, so I would --
COMMISSIONER TAYLOR: I would be very --
COMMISSIONER SAUNDERS: I would just sit down and let
us do this, quite frankly.
So I make a motion to withdraw the vote that we just took on
Item 8A and 9A for purposes of sending the petition back to the
planning board.
COMMISSIONER FIALA: And I'll second that motion.
CHAIRMAN SOLIS: 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.
November 13, 2018
Page 76
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Okay.
COMMISSIONER TAYLOR: May I just make a postscript
here? I think as we grow -- and I think we're seeing it more and more
-- the issue of infill is going to come forward as land becomes more
scarcer within the urban area and folks don't want to travel outside
their urban area, we are going to be faced with this again and again.
And I'd like to -- see, and that's a later discussion, but I'll just leave it
with you. I'd like to see us tackle infill and what that means to
surrounding residential.
CHAIRMAN SOLIS: Thank you.
Mr. Giblin?
Item #11A
STAFF TO INITIATE AN INVITATION TO NEGOTIATE (ITN)
PROCESS FOR THE DEVELOPMENT OF HOUSING THAT IS
AFFORDABLE ON THE (1) COUNTY-OWNED BEMBRIDGE
PROPERTY, AND (2) THE COUNTY-OWNED MANATEE
PROPERTY PROPOSED TO BE CO-LOCATED WITH A
PASSIVE PARK; AS BOTH PROPERTIES WERE PREVIOUSLY
IDENTIFIED AS SUITABLE FOR THE DEVELOPMENT OF
HOUSING THAT IS AFFORDABLE IN ACCORDANCE WITH
THE COMMUNITY HOUSING PLAN. MOTION TO DIRECT
STAFF TO MOVE FORWARD WITH BEMBRIDGE PROPERTY
THAT INCLUDES 30% - 140% INCOME QUALIFICATION –
APPROVED; MOTION TO NOT PURSUE MANATEE
PROPERTY SITE – APPROVED
MR. OCHS: This is Item 11A, Commissioners. This is a
November 13, 2018
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recommendation to authorize staff to initiate an invitation to negotiate
process for the development of housing that is affordable on both the
county-owned Bembridge Property and the county-owned Manatee
Property which is proposed to be collocated with a passive park, as
both properties were previously identified as suitable for development
of housing that is affordable in accordance with the Community
Housing Plan.
Mr. Giblin, your grant and housing development manager, will
make the presentation.
MR. GIBLIN: Good morning, Commissioners. For the record,
my name's Cormac Giblin. I'm the housing and grant development
manager for Collier County.
Again, we're here to discuss the possibility of issuing an invitation
to negotiate for the collocation of housing that's affordable on
county-owned properties.
To get there we first want to give you and the public a reminder
of what housing that is affordable is. It's safe, decent, and affordable,
and it costs less than 30 percent of your monthly income. On the slide
you see three example developments in Collier County of housing that
is affordable.
Earlier this year, in February, the Board directed us to go back to
basics with our official definition of affordable housing. Again, it's
affordable to a household when the monthly rent or mortgage payment,
including property tax, insurance, and required fees is not in and
excess of 30 percent of your monthly income. Under the umbrella of
the term "affordable housing," there are several income levels ranging
from extremely low income up to gap income, and they're represented
by percentages of the county's median income.
We go one step further in Collier County. We have what we call
restricted affordable housing, and there are currently about almost
7,000 units of restricted affordable housing. Those are units that are
November 13, 2018
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known to the county, monitored on a yearly basis. We know the rents
that are charged, we know the incomes of the folks who live in it.
We also acknowledge that there are multiple units out in the
general unrestricted market that may be affordable at certain price
ranges, and there are almost 100,000 of those. Those would be units
that are appraised by the Property Appraiser with a market value of
less than $250,000.
Who is it that we're talking about when we use the words
"affordable housing" in Collier County? Again, using the same income
stratification, we use a household of three income level. And you can
see on the right-hand side of the slide the example salaries that pay
within those ranges. For example, at the 80 percent low-income level
of $54,000 for a family of three, that's where our teachers, firemen,
construction workers typically fall in that level.
As we go down, you get to lower-income paying jobs, and as you
go up, you get to higher income-paying jobs or possibly
two-wage-earner families where you might have two people involved
in the hospitality interest or two homeowner -- two folks involved in --
as health aides or others or a combination of such that would bring you
into the moderate or gap levels.
So what does it mean when we talk real prices? For the rent for a
two-bedroom house at those same income levels are -- for example,
again, sticking with the low-income level, $1,350 a month or less, or
you could buy something that costs less than $125,000.
What we found through the efforts of our citizen committees and
the Community Housing Plan is that there is little vacancy and very
few available units for rent or sale at those income levels.
So one of the first initiatives the Board took was to tackle the ULI
recommendation to use publicly owned land. You passed a resolution
on February 27th that says that public properties now owned by the
county or to be acquired by the county in the future be considered for
November 13, 2018
Page 79
use as affordable housing or for the collocation of affordable housing
and public facilities.
This initiated a review of county-owned properties. There was a
short list of 16 properties presented to the Board last year. Nine -- it
was then whittled down to nine presented to you on June 27th of last
year. At that meeting the Board directed us to continue research on six
of those properties.
The top two properties were presented to the board on December
12th, 2017, and at that meeting the Board directed staff to move
forward with a request for information process to ascertain
marketplace interest in the sites. They were the Bembridge PUD, and
your recommendation was to designate it for affordable housing, and
the Manatee site, which your recommendation was to include housing
in the development plan.
That request for information resulted in 10 responses with all
providing varying level of detail and approaches. We presented those
to you on March 13th, 2018, and at that time the Board directed staff to
continue community outreach and then complete the housing plan
implementation items prior to moving forward with any decisions on
either of those sites, which we've done over the summer.
We held at least eight community input meetings on these sites in
the housing plan concentrating in the areas you see on the slide. And
some of the main concerns that rose to the top in those community
meetings and focus groups were a perceived concentration of housing
that is affordable in the East Naples area. There were comments
saying not to build it here; to build it where the jobs are.
There was comments centered around that the market may
already be fixing this problem with reference to thousands of new
apartments soon to come online.
There was a strong desire that there be additional studies to study
density and traffic, schools, and the environment. And, lastly, there
November 13, 2018
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was a very strong public sentiment to keep park uses on the Manatee
site.
I'll address some of these concerns as we go. First, I'll address the
concern about concentration of housing in East Naples. Again,
remembering that our definition of affordable housing tracks both
those that are restricted and the market rate housing of homes that may
fall in the affordability categories.
First, on the restricted side, again, we have 6,798 restricted
affordable housing units in Collier County. They are located
throughout the county from north to south and east to west. There is a
percentage of them -- a healthy percentage of them in most Board of
County Commissioner areas. You can see the dispersion on the map
and in the percentages.
We then go a step further to try to quantify the concentration or
saturation levels of other housing that falls in the reasonably priced
housing category of less than $250,000.
Again, on the right-hand of the screen you can see that as a
function of concentration of homes that are affordable in each County
Commission district, you can see it ranges from 67.6 in Commission 5
to 37.7 in Commission District 2.
We went a step further to say, all right, those are the units that are
on the books, but not all of those are available; only a small fraction of
those may be available at any one time. And so we did two samples.
We looked at the real estate site Zillow looking for all units for sale
less than $250,000. We included single-family, multifamily, condo,
townhouse, and manufactured homes. We looked at two samples areas
of the county, one centering on the corner of Collier Boulevard and
U.S. 41 and one centering on the intersection of Immokalee Road and
I-75.
And on that date, there were 142 homes listed for sale at the
South Naples site and 138 homes listed for sale for the same price in
November 13, 2018
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the North Naples site.
We then -- rather than rely on a real estate appraisal website, we
went straight to our friends and partners at NABOR and pulled real
Collier County listings, again, for the same day, the same areas of the
same size.
We found again, at the U.S. 41 and Collier Boulevard, there was
63 homes, multifamily, condo, townhouse, and manufactured for sale,
and in North Naples at Immokalee Road and I-75, there were actually
97 homes for sale less than that price limit.
The next concern we looked at was jobs. We looked at a 6-by-6
square mile area, again, centering on the corner of I-75 and Immokalee
Road and also the U.S. 41 south corridor. Both these areas are roughly
the same size.
In the Southern Naples area, there are 17,233 jobs, and in the
North Naples site there are 16,266 jobs.
One important differential between the two sites is that you can
see at the bottom that the salaries and wages of the sites in the
Southern Naples area are completely flip-flopped than those in the
North Naples area; meaning the wages paid in the South Naples area
are lower than those paid in North Naples.
COMMISSIONER FIALA: May I ask a question on that? It's
wonderful that that says 17,000 jobs, but where are they? I mean, we
don't have any hotels, we have very few restaurants, and we don't have
any office buildings. So where are those 17,000 jobs?
MR. GIBLIN: Well, it's a heat map, and so you can actually see
on the map the concentration of where those jobs are. There's a big
blue dot that I believe is right where we're standing at the government
complex and the sheriff and jail facility. That seems to be the biggest
blue dot of concentration of where jobs are --
COMMISSIONER FIALA: Okay. The government center.
MR. GIBLIN: -- in the southern area.
November 13, 2018
Page 82
COMMISSIONER FIALA: And the Sheriff's Office. Of course,
they spread out all over the county, but I understand that. Okay.
Because I knew that they weren't on the streets, you know. Okay,
thank you.
MR. GIBLIN: And then the other comment we heard was that
the market may already be addressing this issue. There's been
reference made to approximately 4,000 apartment units coming online
in the next few years. Here's a list of them. And to date we have
real-world examples from two-and-a-third of them.
The rents that are being charged, for example, at Inspira Lely or
Milano Lakes, which are the two on this list that have already been
built and are leasing, are for a two-bedroom at Ispira is $1,527 a
month, and a two-bedroom at Milano Lakes is 1,420.
Commissioners, if you remember back to a few slides ago when I
showed you what the affordable rent is for someone at the low-income
level, those teachers, firemen, construction worker jobs, $54,000 a year
and less, it was 1,350 a month.
So they are coming online. They're not hitting the target that the
county has shown the greatest needs for.
The third one is Pine Ridge Commons, which you approved their
Growth Management Plan and PUD amendment a few months ago,
and they're not leasing yet. They don't have advertised pricing yet, but
on the record during that hearing, their representative represented that,
in his opinion, a one-bedroom at Pine Ridge Commons would go for
$1,350.
Another market comparison that you may all be able to compare
to is Orchid Run Apartments at the corner of Golden Gate Parkway
and Livingston Road. At the bottom are some of their prices. A 1/1
goes for $2,190.
COMMISSIONER TAYLOR: One bedroom/one bath, $2,190 a
month?
November 13, 2018
Page 83
MR. GIBLIN: That's from their website, yes, ma'am.
CHAIRMAN SOLIS: Orchid Run.
MR. GIBLIN: So although there are units coming online, they
are not quite hitting the targets that -- where we have needs.
So, again, looking through the list of the top community concerns,
the dispersion, the jobs concentration, and then the market issues, we
have looked at.
Next, we'll talk about density, traffic, schools, and the
environment. And to do this, we heeded the community's advice of the
need for studies, and we commissioned an affordable housing
feasibility report by Davidson Engineering, and they finished that in
September.
For reference, two sites that are -- they were commissioned to
look at were the Bembridge PUD, which is up off of Santa Barbara
near Radio Road, and the Manatee site which is down off of U.S. 41
off Manatee Road.
A little background information: The county purchased the
Bembridge site on January 29th, 2002, for $406,000 and change. It
has a current appraised value of $774,000.
The Manatee site was acquired in May 25th, 1973; it was donated
to the county. It has a current appraised value of about $3 million for
60 acres.
And, Commissioners, I'll run through these one at a time now. I'll
talk specifically about the Bembridge site first, and then we can move
on to the Manatee site.
Again, the Bembridge site is 5.11 acres. It's adjacent to an EMS
station and in front of Calusa Park Elementary School. Using the
maximum density bonuses allowed under the county's Growth
Management Plan, a total of 81 units could be put on the site.
New Hope Ministry nearby is already developing at 16 units to
the acre, 304 apartment units, on 19 acres that they own.
November 13, 2018
Page 84
COMMISSIONER McDANIEL: And on the previous slide,
which one was that as far as the market rents?
MR. GIBLIN: I don't know. I don't think they're advertised yet.
COMMISSIONER McDANIEL: Ah, okay.
MR. GIBLIN: So the feasibility analysis looked at those four
things: Density, schools, traffic, and the environment. And I'm going
to be just -- in the interest of time, I'll be giving you a high-level
summary of what those issues turned up.
For each site we asked the consultant to provide three density
scenarios: A low, medium, and high density, and then when -- they
look at the issues of schools, traffic, and environment under each of
those scenarios.
First starting with schools, they found no issues with the schools
in the Bembridge area at the elementary site. There was no issues with
the middle school. And in 2023 there's going to be a new high school
developed in that Golden Gate area. And once that comes online, there
will be no issues with the high school either.
All three of those schools, Calusa Park Elementary, East Naples
Middle School, and Golden Gate High School, are graded B schools
by the Florida Department of Education.
Looking further at traffic. The transportation report concluded
that the proposed Bembridge product scenarios do not have a
significant impact or adverse impact on the surrounding roadway
network.
And in terms of environmental, there were no listed species
observed on the site. There's a small wetland that has regrown back.
It's of very low quality, and the professionals don't think it's going to
be an issue for any type of development moving forward on that site.
We asked them to provide some conceptual plans, high-level
bubble plan. You can see that there's a residential area, again, between
the low to high range of densities from between 29 to 78 units with
November 13, 2018
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adequate room for drainage, preserve, and other county needs.
The feasibility analysis was discussed by a joint Parks and
Recreational Advisory Board and Affordable Housing Committee
subcommittee on September 27th. And they were given the following
premise that if an invitation to negotiate is developed to collocate
housing and other county units on the Bembridge and/or Manatee sites,
possible criteria of that invitation to negotiate should include the
following.
And on the screen you have some of what their recommendations
were. There were general conditions that would apply to both parcels,
and this is typically background information on the developer, how
many units they plan to build, what their experience is, how they
proposed to take down the land, those sorts of things.
And then specifically on the Bembridge site, their
recommendation was to move to a moderate to high density for 54 to
78 units. They wanted to see significant set-asides for seniors,
veterans, and special-needs population, and by "significant" they meant
anywhere between 10 and 25 percent of the total. They acknowledged
that it would probably most likely be a multifamily rental development
but would like to leave flexibility to the marketplace; offer a mix of
income targets concentrating with those that are in greatest need
according to the housing plan, and they would like all units to be
restricted to incomes between zero -- from zero up to 140 percent of
median.
But for the most part, their recommendation was to leave most of
the criteria to the housing advocates and/or professionals who would
be bidding on or submitting a proposal.
We then brought those recommendations to each of -- the Parks
and Rec Advisory Board and the Affordable Housing Advisory
Committee at their independent, separate meetings. And we asked --
there were six members of each board present at each of those
November 13, 2018
Page 86
meetings. And we asked them to gauge their support on this
decision-making continuum which would range from you're totally
opposed and the property should not be used for any housing at all to
fully supportive and in favor of using the site for affordable housing.
And on the Bembridge site, both advisory boards came down on
the fully supportive side.
Commissioners, I'm joined here by two representatives from the
school district, and I'd like to introduce Ms. Valerie Wenrich and Mr.
Tom Eastman. They'd like to give you a little bit more insight on some
of the school aspects of the analysis. I think that their comments are
going to apply to both sites, but now I think might be an appropriate
time for Valerie.
MS. WENRICH: Thank you, and good morning. My name is
Valerie Wenrich. I'm the executive director of human resources for
Collier County Public Schools.
As one of the largest employers in Collier County and an A-rated
school district, we are vested in the interest to support the recruitment
of our most talented employees.
One of the factors considered by all prospective employees is the
cost of housing in our area. Prospective employees must be confident
in their ability to find affordable housing that will meet their needs and
the needs of their families. Collier County has the second highest
median home prices in the state of Florida, so that definitely poses a
challenge when prospective employees are considering taking a
position with the school district.
The lack of affordable housing has an impact on our school
district in a few ways: About 16 to 20 percent of our employees
commute to Collier County from the surrounding counties depending
on the time of the year. Subsequently, these employees spend less
money in our county, ultimately influencing the economics of this
county.
November 13, 2018
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We also see a financial and emotional burden on our employees
who commute to our schools and making it difficult to retain those
employees within the county.
Recruitment for future employees has been more difficult -- who
commute -- because they struggle to find the housing in areas that are
commensurate to the areas for which they wish to live and work.
The district has been diligent in taking steps to overcome this
challenge by maintaining an extremely competitive starting salary of
$41,280, which is the second highest starting salary in the state, only
behind Sarasota, which has local sales taxes towards their salaries, and
Monroe which just has a higher cost of living.
We provide free health insurance coverage for our employees, we
offer tuition reimbursements for our employees, and we provide
supplemental earning opportunities through leadership positions and
coaching, providing excellent learning environments in a
well-maintained facility enhanced with some of the best technology in
the area.
In addition, we advertise the following benefits of living in
Collier County: It's one of the most beautiful and the most healthy
places in the country. We have free access to incredible beaches, the
ability to engage in outdoor activities each year and year-round, and it's
one of the safest and statistically low-crime areas in the state thanks to
our CCSO partners. Local zoos, parks, assortment of restaurants,
farmers markets, and access to the arts. Why wouldn't someone want
to live in Collier County?
Despite all the benefits of living in Collier County and working
for the school district, the availability of affordable housing for our
workforce is still a grave concern. And as we continue to see those
costs of housing rise in our area, we're committed to do our part in
making Collier County a great place to live and work. And to assist in
this effort, we developed a landing page for our district website with
November 13, 2018
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resources and information about our school district that someone
considering taking a job or moving to the area can utilize as a tool.
We share this information with our local businesses to be used
with their human resources staff as a tool to help promote the benefits
of working and sending their children to school in an A district in
Collier County.
This is just one example of how we are trying to assist in
continuing the growth of our local community. As many large
organizations take steps to work collectively to address concerns about
affordable housing in Collier County, the school district remains
supportive of any and all efforts taken by you, the county, to address
the issues in Collier.
Thank you very much.
COMMISSIONER FIALA: Could I just say something?
MS. WENRICH: Yes, ma'am.
COMMISSIONER FIALA: I'll make it quick. I called Kam
Patton and let her know of all the housing that is coming on board
here, and it's all right in the right price range, because two teachers
would be $82,000 a year. That falls well into that range, and she was
thrilled to death. And then I called a couple principals, too, to let them
know.
I know they're not A schools, but they're great schools, and they
work real hard with the kids. So, anyway, I just wanted you to know
that there's lots of them coming on board, and they're nice.
MS. WENRICH: Thank you.
COMMISSIONER McDANIEL: Could I ask a question? Or you
don't want to hear it right now? It's up to you.
CHAIRMAN SOLIS: Can we get through the presentations?
COMMISSIONER McDANIEL: Sure.
CHAIRMAN SOLIS: Is that all right? Because it's -- we're
getting to 12.
November 13, 2018
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COMMISSIONER FIALA: And lunchtime is --
CHAIRMAN SOLIS: Unless you have a question --
COMMISSIONER McDANIEL: It was specifically --
CHAIRMAN SOLIS: -- to the school district.
COMMISSIONER McDANIEL: Yes.
CHAIRMAN SOLIS: Oh, okay. I'm sorry.
COMMISSIONER McDANIEL: To Tom or Valerie, either one.
I mean, Ms. Valerie, the suggestions that you're talking about with
regard to the school district being wholly supportive of the county's
efforts in providing for housing affordability are nice. And I know that
there is incentive pay that is being offered up for certain locales. I
know over in Immokalee that there is premiums paid in a salary base to
assist with the travel associated with the teachers and such.
But the school district owns a lot of its own land, and what efforts
-- oh, here comes Tom. How you doing, sir?
MS. WENRICH: I'm the human person. He's the land.
COMMISSIONER McDANIEL: He's the real estate guy. All
right. And so that was one of my -- one of my suggestions. I mean,
we're all talking about this housing affordability issue. There is a
tremendous amount of units that are, in fact, coming online. Some of
which have pricing; some don't. And we're all talking about the
necessity of hiring government employees, schoolteachers, firemen,
first responders, and the like. But the onus seems to fall over here
solely on Collier County in order to provide for those things.
And I'm just wondering what the school district has, if anything,
to provide for housing for startup teachers and the like, if you do.
MR. EASTMAN: With respect to land, many of our sites are
slated for future schools. And I think Valerie went over some of the
things that we're doing in terms of pay and trying to recruit people.
Ultimately, the school board would have to make any decisions about
offering land for affordable housing.
November 13, 2018
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COMMISSIONER McDANIEL: Okay. Thank you.
COMMISSIONER FIALA: Did you think of, like, building it on
some of this property that is a school that's living there right now?
COMMISSIONER McDANIEL: Yeah. But we have housing for
sheriff's officers that are on site now. And, again, I'm -- this is just me
-- this is just me thinking along those lines. I just -- a small housing
complex on a school site to support first-time teachers and the like,
new hires. That would be something I think would be an actual
benefit.
Having the website, offering incentive pay, telling people how
beautiful Collier County is, that's all nice, but that -- that doesn't
necessarily hire them, and do something to actually come and live here
when there are other places that they can, in fact, go and commute.
MR. EASTMAN: Good morning, Commissioners. My name is
Tom Eastman, and I'm here to speak on behalf of the school district in
support of the county's potential housing affordability projects.
The school district staff has performed a courtesy capacity
analysis for both of these projects, and it generally indicates that the
school district has adequate space to accommodate the projects.
In the past, the school district has worked with Collier County
Sheriff's Office, local fire departments, hospitals, and the City of
Naples to support and facilitate the development of housing
affordability projects for essential service personnel. The school
district, along with those others entities, remains supportive of housing
affordability initiatives that benefit our community's teachers, nurses,
public employees, including first responders such as paramedics,
police officers, and firefighters.
Therefore, the school district respectfully requests that the Board
of County Commissioners vote to continue moving forward with these
housing affordability projects.
MR. GIBLIN: Thanks, Tom.
November 13, 2018
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And, again, both of these sites, both the Bembridge and Manatee
site are immediately adjacent to existing schools, so we're glad that
they've analyzed them for us, taken it to that level.
And Commissioner -- Mr. Chair, this would be -- it's the Board's
pleasure if you wanted to talk about these or make a motion one by
one, or would you like me to go through the same analysis of Manatee
site?
UNIDENTIFIED SPEAKER: Yes.
CHAIRMAN SOLIS: What's the pleasure of the Board? Do you
have site-specific questions? Does anyone have questions regarding
the Bembridge property?
COMMISSIONER FIALA: No. It seems like everybody that we
saw or read in here was in favor of it.
COMMISSIONER McDANIEL: The Bembridge site.
COMMISSIONER FIALA: The Bembridge site, yeah.
CHAIRMAN SOLIS: Let's just keep going. Let's just keep
going. We're going to run out of time here before lunch.
MR. GIBLIN: No problem. We'll talk about the Manatee site.
Now, it's 60 acres.
CHAIRMAN SOLIS: I'm sorry. Wait a minute. Did you have --
COMMISSIONER SAUNDERS: This would apply to both sites.
You've got a range of 0 percent to 140 percent, and I'm not sure what
kind of message that sends to the public. But we're not looking for
housing for people with incomes of 0 percent of the median.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SAUNDERS: So why do we have that range,
and what is the real range?
MR. GIBLIN: It would be better said below 30 to below 140.
COMMISSIONER SAUNDERS: Zero is below 30, so that still
doesn't help clarify what we're looking --
CHAIRMAN SOLIS: It's just saying that the whole range of
November 13, 2018
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what we consider, what we're looking at...
COMMISSIONER SAUNDERS: Anybody that needs a house?
MR. GIBLIN: Those were -- you're right, Commissioner. Those
were the recommendations of the advisory boards was, for example, if
someone at 30 percent of median income can afford to rent at $519.
Many of your special-needs individuals, seniors, fall in that kind of
category. So I don't think we're talking about zero, but they did want
to look at some of those most in need.
CHAIRMAN SOLIS: Yeah. Let's keep going through the
presentation, because there's a lot of people, I think, that are here that
want to speak. So if we could just keep going, that would be better.
MR. GIBLIN: No problem.
The Manatee site is 60 acres. It was conceptually designed as a
park about 10 years ago. There is no date or funding planned for the
park development for at least the next decade or so.
You could develop up to 15 units to the acre on there, putting 900
units. Manatee and -- Manatee Middle and Manatee Elementary are
immediately adjacent, and there is a potential for carving out a section
for housing and other uses.
Again, our consultant performed the same analysis on the
Manatee site as they did on Bembridge. We looked at density, schools,
traffic, and environmental concerns.
Their conclusion was that there are no significant issues
preventing development of the Manatee site. One -- straight up front,
our instructions to the consultant when performing their analysis was
we want to retain the majority of the park uses on that site. We tasked
them with only looking at half the site, 30 of the 60 acres.
So all of the numbers you see and all the analysis done only looks
at a maximum of using half of the site or 30 acres. That would equate
to a density between 88 on the low side, up to 440 on the high side.
As far as the schools, there were no issues with the middle or high
November 13, 2018
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schools. The elementary school already exceeds the school district's
level of service. It's at 97 percent capacity right now, and they have an
adopted level of service of 95. The schools that would be serviced by
this site would be the Manatee Elementary, Manatee Middle, and Lely
High School. All three of those schools are graded B school by the
Florida Department of Education.
Any time that the school district exceeds capacity at any
particular school, their first option is to restrict the students that feed
into that school, to adjust their map so that they don't have any schools
that have empty seats and they have schools that have not enough
seats. So if capacity were to ever reach over 100 percent, they would
evaluate their availability.
And one other thing to mention is that portable classrooms are not
considered when evaluating level of service for the school district at
their schools. They only count permanent classrooms.
COMMISSIONER FIALA: I don't understand what that really
means. You can't count the -- if you have a bunch of portables, you
don't count them?
CHAIRMAN SOLIS: They don't count those for determining the
level of service.
Excuse me. Ladies and gentlemen, we're trying to have a civil
discussion. And everyone's going to have their chance, if you want to
speak, to speak, but I'm going to ask everybody to be respectful so that
we can continue and get through this presentation.
MR. EASTMAN: The Chairman's 100 percent correct. We do
these reviews of the concurrency for school. It's basically what
demand will the development create for school seats. And we do not
consider portables in that analysis.
MR. OCHS: And what was the conclusion for Manatee?
MR. EASTMAN: For Manatee, there's no problem at the middle
and high school level. There's no problem at the elementary level for
November 13, 2018
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the low density development; for the middle density development,
there's no problem; and there's a slight overcapacity problem at the
highest capacity development at the Manatee site.
MR. OCHS: Thank you.
MR. GIBLIN: In addition to schools, just like the other sites, we
looked at traffic. Again, the high-level summary of the traffic was that
the estimated traffic will not trigger a level-of-service deficiency at
Manatee Road and the Roost Road intersection. There are some site
improvements that are recommended to be done to accommodate this
site, like turning lanes, intersection improvements.
There is a small section of Collier Boulevard out in front of the
Walmart that is scheduled to fail with or without any development of
this site in the coming years. And as more developments come online,
they'll presumably be partners in a development -- Developer
Contribution Agreement to address those concerns.
The level of traffic analysis that went into the analysis of this site
is at or exceeds the level of traffic analysis that has gone into previous
rezones that have been approved by the county in this same area.
And then, lastly, environmental issues on the Manatee site.
Again, the site was looked at. There were no -- no listed species were
observed, but there are observations in other areas. The classify -- the
property is classified as an approved development area per the Deltona
Settlement Agreement. That should negate any mitigation
requirements. But, again, our consultant was tasked with
showstoppers, and there were really no showstoppers in terms of
environmental results here either.
This is the conceptual site plan that was produced by the parks
department in 2008. It shows a passive park. Approximately all of the
uses are concentrated on the western half of the park. The eastern half
is largely undeveloped for passive recreation. There's a community
center at the lower.
November 13, 2018
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Again, the conceptual design on this site ranged from 88 to 440
units retaining the majority of the park uses. You can see that they fit
right there on half the site, and adequately addressing preservation and
water-retention requirements.
Commissioners, I caution you to look at this slide as just pieces of
-- puzzle pieces. This is a conceptual plan. They can be slid front,
down, up, back. It doesn't necessarily mean that's exactly where the
preserve needs to be. It could go on the right side, the left side, the top
side. Again, with -- the residential area could be interwoven amongst
some of the park uses, but this is simply just a spatial recognition of
how things do fit on the site with retention of half of the site for park
uses.
CHAIRMAN SOLIS: Quick question. Can you go back to that
picture. Just out of curiosity, what's going on -- where it says
residential development area --
MR. GIBLIN: Yes.
CHAIRMAN SOLIS: -- what is -- that almost looks like a rock
pit or something.
MR. GIBLIN: It's currently -- during Hurricane Irma or after
Hurricane Irma, it was a debris mulching center.
CHAIRMAN SOLIS: Oh, right. I'm sorry. Right.
COMMISSIONER TAYLOR: And the lake -- just a quick
question about the lake in the -- I don't know if that's -- is that north?
MR. GIBLIN: Yes.
COMMISSIONER TAYLOR: Yeah, yeah. So that lake is
existing today? Because I didn't see that lake. Okay, it is.
MR. GIBLIN: There is a lake. There are some enhancements to
it done in the park plan to give it some contour on our side, but it does
--
COMMISSIONER TAYLOR: Okay. And when you talk about
improvements to Roost Road and Manatee Road, one of them would
November 13, 2018
Page 96
be to widen those shoulders to widen the road a little bit, I would think,
right?
MR. GIBLIN: We have our traffic engineer here, but, from what
I understood, it was minor improvements.
COMMISSIONER TAYLOR: Yeah.
MR. GIBLIN: Striping, yeah.
COMMISSIONER TAYLOR: Okay.
MR. GIBLIN: Again, the joint committee looked at this site.
Again, they agreed on the same general criteria for both parcels as
being good ideas. The joint committee, they made a recommendation
to reserve at least 40 acres for the park, as is typical size of a
community park, and use the remaining 20 acres for housing.
Again, they recommended strong set-asides for seniors, veterans,
and special-needs populations. They wanted to allow design flexibility
with consideration for the neighbors regarding setbacks, orientation,
building heights. They said the housing, again, may be integrated
within the park as part of the design. They said that perhaps a mix of
rental and ownership, and they wanted to include long-term rental
restrictions should any of them be rentals.
One other interesting recommendation of theirs was that it should
include a Developer Contribution Agreement to provide resources to
jump-start the construction of the park or a senior center or community
center on the site.
We then, again, brought those recommendations to both full
committees. Again, six voting members were present at each of those
meetings, and you can see from the -- with the PARAB, we had three
who were totally opposed, two generally opposed but willing to
consider discussion, and one fell in the generally supportive but still
have concerns line.
From the Affordable Housing Advisory Committee, we had two
totally opposed, one generally opposed, two generally supportive, and
November 13, 2018
Page 97
one fully supportive. So we had mixed results from both the advisory
committees.
And, Commissioners, that brings us to the second of our
recommendations, and the staff recommendation, again, on Manatee
would be to move forward with an invitation-to-negotiate process,
including the general and specific criteria by the joint committee:
Accept any specific predetermined acreage split -- I think that it may
be best to let the market tell us how they think things should be split
out -- and to explore options to collocate housing that's affordable on
the site while still maintaining the park uses as previously proposed.
And, Commissioners, that is the end of my presentation, if you
have any questions.
CHAIRMAN SOLIS: I know that we have a number of speakers.
Does anybody have any other questions for staff? Commissioner.
COMMISSIONER FIALA: Just one, if I may. Yes.
You were saying collocate housing on the park site. So, in other
words, it wouldn't really be a park. It would be more housing, right?
MR. GIBLIN: I think that the invitation to negotiate would allow
the market to have flexibility; that it very well could be 30 acres and a
fence and a wall and 30 acres, or I think that there are some
particularly interesting design concepts that could be explored that
could weave housing in and around other park uses.
COMMISSIONER FIALA: So it wouldn't be a park anymore.
Okay. The second thing is.
CHAIRMAN SOLIS: That's not what he said, but okay.
COMMISSIONER McDANIEL: That is what he said.
COMMISSIONER FIALA: That is what he said, isn't it?
The second thing is you didn't mention what new projects are
coming on board. Like, for instance, Argo Manatee is in that area,
right, 191 units? And then -- and what we have in that area, five
mobile home parks, and we also have the condos over there, right?
November 13, 2018
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But what are the other ones that are coming on board? There was a
couple other ones. Did you --
MR. GIBLIN: Commissioner, I'm not familiar with the names of
all the proposed developments there, but I can tell you that our traffic
engineer did look at all the background traffic and all the recent
approvals, and those are included in the analysis.
COMMISSIONER FIALA: Okay. And there's another piece of
property that I don't think has reached your desk yet, but a group from
Chicago came in. They want to build another 800 rental units on board
which is on 40 acres. And, you know, we talked about the roads.
There's only limited things you can do with them. And just for
anybody who hasn't been down there, everything's a two-lane road.
And with all of the things that I just mentioned on there and the
ones that are coming on board and this, and then the 800 units, and
that's just questionable yet -- I don't know if they're going to come on
board -- I don't know how those people are going to get in and out of
their community.
And then I don't know how the schools -- I know that they're
overcapacity right now; I understand that. How can they take any
more kids, or do they have to bus them? I just don't know that, but I
think those are things that we ought to discuss as we move into this
subject.
CHAIRMAN SOLIS: Any other questions for staff?
(No response.)
CHAIRMAN SOLIS: Okay. I know we have many speakers.
MR. MILLER: Mr. Chairman, we have 51 registered speakers
for this item. I'm going to ask the speakers to use both podiums.
Please be ready when your turn comes. Your first speaker is Jim
Gaffney, and he will be followed by Elliot Miller.
CHAIRMAN SOLIS: And when you're coming up, please keep
in mind that if a speaker before you has said exactly what you're going
November 13, 2018
Page 99
to say, to please -- we've heard it --
COMMISSIONER TAYLOR: Say "agree."
CHAIRMAN SOLIS: -- and just say that you've agreed with
what has been said because, otherwise, we could be here till tomorrow.
MR. MILLER: Is Jim Gaffney present?
(No response.)
CHAIRMAN SOLIS: Okay. Let me move on to Elliot Miller.
Mr. Miller has been ceded time from 26 speakers for a total of 81
minutes. Please bear with me issuing. Please. Please, I need to verify
all 26 people are here.
Ron Albeit?
(Raises hand.)
MR. MILLER: I've got your name twice, sir, so we can't do that.
Rodney Greene.
MR. GREENE: Yo.
MR. MILLER: Thank you.
Sharon (sic) Benedetti?
MS. BENEDETTI: Here.
MR. MILLER: Richard Lipsig?
MR. LIPSIG: Here.
MR. MILLER: Gayle Lipsig?
MS. LIPSIG: Here.
MR. MITCHELL: Don Brainard?
MR. BRAINARD: Here.
MR. MILLER: Anthony Cardillo. Anthony P. Cardillo?
(No response.)
CHAIRMAN SOLIS: Craig Chamberlin?
MR. CHAMBERLIN: Here.
MR. MILLER: Carl Chamberlin -- excuse me. Carol
Chamberlin?
MS. CHAMBERLIN: Here.
November 13, 2018
Page 100
MR. MILLER: Mike Mickes?
MR. MICKES: Here.
MR. MILLER: Carol Mickes?
MS. MICKES: Here.
MR. MILLER: Can't read the first name. Last name McAllister.
MR. McALLISTER: Present.
MR. MILLER: Thank you.
David McAllister?
MS. McALLISTER: The other McAllister.
MR. MILLER: There you go. Thank you.
Joan Gorman?
MS. GORMAN: Here.
MR. MILLER: Gerald Gorman -- Gerard Gorman, excuse me.
MR. GORMAN: Here.
MR. MILLER: Joseph Vaccaro.
MR. VACCARO: Here.
MR. MITCHELL: Ben LoCicaro.
MR. LoCICARO: Here.
CHAIRMAN SOLIS: Can I just interject? Is that enough?
MR. ELLIOT MILLER: It's enough.
CHAIRMAN SOLIS: Okay.
MR. MILLER: We'll stop there, sir. Thank you.
CHAIRMAN SOLIS: How about that?
MR. ELLIOT MILLER: I want to assure you, Mr. Solis, that I
am not here to filibuster.
CHAIRMAN SOLIS: Okay. That's good.
MR. ELLIOT MILLER: But the number of people who ceded
their time to me -- and there are many more and many more whom I
declined -- is an indication of the strong, very passionate feeling of the
community in maintaining Manatee Park intact. And, believe me,
what you've seen is just the tip of the iceberg.
November 13, 2018
Page 101
I am the chairman of the Board of Supervisors of Fiddler's Creek
Community Development District No. 2. We abut Manatee Park at
Campanile Circle. And you saw the schematic drawing presented by
Mr. Giblin that showed the houses that he's contemplating right across
the street from us.
So we have an interest in this. But I want to emphasize
something. I'm not here today only to talk on behalf of the residents of
CDD2 or Fiddler's Creek. I'm also speaking on behalf of the residents
of Manatee Road and Roost Road, number one; number two, I'm
speaking on behalf of the all of the residents of this district; and,
number three, I'm speaking on behalf of all of the residents of Collier
County because the staff's plan to give away parkland and waive
impact fees in order to incentivize developers is subject to new and
better alternatives that I will discuss.
First, let me talk about the forgotten men and women here, and
that's the residents of Manatee Road and Roost Road. All of the talk
from staff is about the future. And we are treating the people who live
on Manatee Road and Roost Road as forgotten men and women. They
are the quintessential residents of affordable housing. They live in very
modestly priced or low priced manufactured homes and trailers. They
send their children to Manatee Elementary School.
And I want to -- I want to deal with this issue of the schools for a
minute. Manatee Elementary School is so overcrowded -- I don't care
what the statistics say -- that there are four trailers, not school rooms.
Kids are being educated in trailers. Now, if that's not overcrowding, I
somehow missed the bureaucratic impact. But to me -- if classrooms
aren't adequate and you have to have trailers, to me that sounds like
overcrowding.
And these people who live on Manatee Road and Roost Road do
not want more school overcrowding. They don't want 440 times three
or two more kids in their trailers because they won't be in the
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classrooms. They don't want their middle school more crowded. They
don't want their high school more crowded.
These kids play in the neighborhood streets and, as Commissioner
Fiala noted, these are two-lane streets. They don't want their -- the
traffic on these streets inundated with hundreds of more cars every
day, and it would be hundreds of more cars. And they don't really care
if there's new striping. They don't want the kids playing in an area
where hundreds more cars are going to be inundating these roads with
or without new striping.
These residents have been ignored during this entire process.
Now, you heard some of the background from the staff. I want to give
you another perspective of the background.
The staff has viewed as stakeholders, not the people who live on
Manatee Road and Roost Road, rather, they have viewed as the
stakeholders and -- in the form of the stakeholder committee, which
started this whole thing and generated all these approvals that they
have talked about. Their stakeholders are developers. This is on the
stakeholders committee -- developers of affordable housing, people
who lease and rent and sell affordable housing, executives from the
Habitat for Humanity. In other words, everybody on that stakeholders
committee would profit economically from this transaction.
The people who live on Manatee Road and Roost Road are not
stakeholders in the minds of staff because they're not making any
money on this. They just live there.
Now, the staff has all these consultants that they've hired and that
you've heard these reports about, and they state that nothing bad is
going to happen, but the overcrowded schools get more overcrowded,
if hundreds more cars inundate Manatee Road and Roost Road even
with new striping. And I must say, I'm not surprised at that report. I
cannot imagine that staff would ever engage consultants, get their
report, and present it to the Board if that report would say that staff's
November 13, 2018
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plan is a bad idea. So any report you hear from consultants is going to
say it's a great idea.
And, as Commissioner Fiala noted, these consultants did not take
into account the fact that there are going to be hundreds more housing
units in the area. You mentioned the Argo development on Manatee
that's on Manatee Road and Route 41, and I think you said it was 197
units. Originally it was zoned for 225. But still, it's another 200, and
it's another 400 cars, and it's I don't know how many more kids in the
school.
They also did not take into account the fact that a short drive east
on Route 41, maybe five minutes or seven minutes, the Habitat for
Humanity has a huge tract of land, about a thousand acres, accessible
at Greenway, which is gradually being zoned for housing. This is --
we are conscious of this because this is opposite the Sandpiper exit and
entrances to Fiddler's Creek. That's about a thousand acres. That's not
been taken into account anywhere.
They didn't take into account, these consultants, the substantial
amount of time and effort that would be needed to remediate the
environmental issues in the park, and they claim there's none. I've seen
a report saying that there is significant remediation necessary.
I believe, Commissioner Fiala, that Mr. Schmitt has sent a copy
of that report, and you may have that. I've seen it. It does indicate
serious need for environmental remediation.
And nobody, not the staff, not the consultants, nobody is
considering the fact that these folks on Manatee Road and Roost Road
live happily next to a passive park which the county told them 10 years
ago was going to stay a park. The county -- you saw the schematic
from 10 years ago. The people who live there were promised that
park.
Now, the planning conversion of Manatee Park from passive to
active was deferred because the money that was used -- would have
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been used for creating that nice park was used for Eagle Lake Park.
That's not the fault of the people who live there. They didn't vote to
have the development of their park transferred to Eagle Lake Park.
And now they're told that it's going to be another 10 years before
money can be raised to develop the park, so why not make it housing.
If you lived on Manatee Road and Roost Road and you thought
you had a park promised to you by the county and they said, well, we
couldn't afford it 10 years ago, we're not going to afford it for 10 years,
you might as well make it housing, that doesn't strike me as fair. In
fact, at one of the spring meetings of the Parks and Rec Advisory
board, a consultant engaged -- Fuller Consultants engaged by the staff
-- and the park staff talked about the significant and substantial need
for more parks in Collier County, and they did so based on the
assumption that Manatee Park was going to remain a park. So not all
consultants are in favor of this.
There is another alternative for the park, one that can provide the
residents of Manatee Road and Roost Road with a lovely environment
at low or no cost. It's not going to take 10 years. The park can become
a garden with blooming plants and trails and benches but no cement,
no lights, no basketball courts. Since funding will be modest, private
donations can be sought to create the garden, and maintenance can be
by volunteers.
I had a home in England for 10 years, and I can assure this board
that many, many communities in the UK with far less financial
wherewithal than Collier County do exactly that.
Now, that was dealing with the issue of the people who live in
Manatee Road and Roost Road. Let me talk about the district
generally, District 1.
The residents of East Naples, in District 1, particularly, feel
strongly that they have borne a largely disproportionate share of
low-cost housing in Collier County and that the county fails the
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fair-dispersion test. Now, you'd never know that from the staff's
numbers, but you never -- they have a different set of reality than the
people who live in District 1.
There are many conflicting sets of statistics. I have seen one, and
I think it was used when we were here in March, that said that District
1 has 52 percent of the county's low-cost housing. Other statistics,
those used by the staff, show a greater dispersion and a lower
allocation to East Naples. But many people contest the staff's numbers
on dispersion and feel that they are inaccurate. Just like their
consultants failed to consult a lot of things, they feel that the staff's
numbers on dispersion failed to deal with a lot of factors.
For example, they don't take into account existing affordable
housing projects that were designated as such but are now more than
15 years old and are no longer officially affordable housing, but the
houses haven't evaporated. They're still there. They don't take into
account existing low-priced houses, which you saw from their numbers
there are a lot of them around, which are not part of any official
designation.
In fact, the people who live on Manatee Road and Roost Road
are, as I said before, the quintessential residents of affordable housing.
Now, there are issues -- you heard from the school board folks,
and you will hear, I'm sure, from other speakers who are in favor of
this. There are issues about people having to commute long distances
or not locating in Collier County. Well, there are several answers to
that. One is there are jobs in North Naples. And if you work at
Arthrex in North Naples, it's probably quicker to commute from Lee
County than from East Naples. So maybe we ought to have Arthrex
move some operations down here.
The teachers in North Naples would also be better off commuting
from Lee County than from Manatee area if they're in a school in
North Naples. So that's a specious argument.
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I want to now point out that there are two ways to create
affordable housing in Collier County without giving up valuable
parkland and without waiving impact fees and without pitting districts
against each other.
One, the staff has declined in the past -- I raised this point in
March. And the staff has declined to seek grants, that's free money,
from the U.S. Treasury, from particularly HUD's Office of Community
Planning and Development. They have within it something called the
Office of Affordable Housing Programs which issue grants to
governmental agencies like Collier County for the purposes of buying,
among other things, existing housing. That can be used.
You don't have to -- you don't have to, number one, destroy a
park; number two, go back on your promise to a community of modest
people; number three, give away parkland and impact fees when you
can get free money from the U.S. Government. It's not free; we pay
taxes for it.
But let me put it this way: To elected officials other than the five
of you, money from the government is called free money. But there's
even a more significant opportunity that I would like to call to your
attention. It's never been mentioned before, to my understanding, at
any of these meetings, and it's a relatively new availability.
In the tax law that was passed last December by Congress, there
was something called opportunity zones. Opportunity zones were
created to incentivize development in areas that are sorely in need of
affordable housing. And the U.S. Internal Revenue Code now grants
very, very significant tax incentives to motivate developers to invest in
affordable housing.
I can go into the details of it if you wish, but I'll just say -- give
you one or two examples. If a developer takes money out of the its
pocket and invests in affordable housing and holds it for 10 years and
depreciates it and has a zero basis in it and sells it, his tax is nothing,
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zero.
Now, if that doesn't appeal to a developer, I can't imagine what
would. You don't have to give away parkland or waive impact fees to
incentivize a developer when Congress is doing it for you.
Another -- they have another provision, a rollover is similar to a
1031, but you can roll over, sell an existing investment, and within 180
days, roll that money into affordable housing in an opportunity rezone,
and you have tax deferral for 10 years, and then you have a discount of
tax at -- 15 percent of the tax would be discounted. That's another
incentive from these opportunity zones.
Opportunity zones are created by the state to designate to the
Internal Revenue Service, essentially, areas that the state feels is the
most needy for affordable housing. Collier County has two
opportunity zones. Manatee Park is in neither one.
So I would also mention Wall Street has been fast off the mark on
this; hundreds and hundreds of millions of dollars are now being
created in funds, Opportunity Fund funds for developers to utilize, to
invest in opportunity zones, and get the free tax benefits, and that's
there for the taking. There's no need for Collier County to give away
parkland. There's no need to sacrifice parks at all. There's no need to
repudiate promises you made to people of Manatee Road and Roost
Road 10 years ago.
There is an opportunity to motivate developers under the new
opportunity zones, and staff should reset its sights. Take aim at raising
money from opportunity zones. Developers are clamoring to get into
these -- use these funds now. Set their sights on -- either that and/or
getting grants from HUD, but don't destroy parks. Don't call it
collocation when you're destroying a park.
And I would say one other thing: We've had this discussion now
since March. We've had meetings at Parks and Rec Advisory Board;
we've had some meetings here. If there are not enough votes on this
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board to change the zoning, let's not spend any more time and effort
and money on this project. Let's end it here and now. Let's keep
Manatee Park a park, please. Thank you.
(Applause.)
MR. MILLER: Your next speaker -- ladies and gentlemen,
please, in the interest of time. Your next speaker is Amanda Beights.
She's been ceded three additional minutes from Tracy Duhaney. Are
you present?
MS. DUHANEY: Here.
MR. MILLER: She will be followed by Patricia Young. Ms.
Young, if you could wait at the other podium, please. Thank you.
MS. BEIGHTS: Hi. For your record, my name is Amanda
Beights. And I have to say that the gentleman does not speak on
behalf of all Collier County residents.
The topic of affordable housing is one that has been discussed for
years, if not, now approaching decades in our community. I am proud
to be here today with many other advocates of affordable housing in
the audience. Feel free to raise your hand, which you can see in the
audience here today.
It's hard for us to be here right now. Speaking at County
Commission meetings isn't exactly easy to do for the thousands of
young professionals that care about this topic. In fact, I just lost two of
them right now because they have to go back to work.
But please don't let our absence at these meetings fool you into
thinking that we don't care or that this isn't an issue worth fighting for.
At the end of the day, I know that the items up for your approval
aren't the only solution for affordable housing, but it's a step. I know
it's not just up to our county to fix this issue, but it's a step.
And if we're not taking any steps, then what are we doing? Are
we waiting for the free market to fix itself?
I, thankfully, live in a home that I had the incredible fortune to
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find in 2011 when the market tanked; otherwise, I would not be able to
afford to live in this wonderful community, work here, volunteer here,
and vote here.
I believe that I'm a valuable member of this community, just like
everyone in this room is, and I am the face of affordable housing; so
are your nurses, so are your law enforcement deputies, your children's
or your grandchildren's teachers, your insurance agents, and all of the
workers that make your and my life comfortable.
Why can't we be your neighbor? What about us do you not want
in your neighborhood?
Waiting for the next economic downturn does not exemplify
leadership. Collier County is better than that. Collier County is an
A-rated school district because of our great leadership. Collier County
is the safest metropolitan county in the state of Florida because of our
great leadership. That means our county superintendent and sheriff get
ahead of problems and put in resources when they're needed and
oftentimes before they're needed. This means that county leaders work
to assure that all citizens in Collier County have access to the same
quality of care.
Collier Commissioners, now it's your turn. I know all of the -- I
know that you know all of the statistics on why we need to start
making these steps, so I'm not going to use my time re-sharing them
with you. I know you know the need. I know you know how
incredibly hard it is for employers, including Collier County
Government, to continue struggling to recruit and retain our vital
talent.
I stated that waiting for the next economic downturn is not an
appropriate solution for our community; however, some may argue
that our crisis is actually right now.
County Commissioners, it's time for all of us to stop pointing our
fingers out saying it's somebody else's job to fix this, holding our hands
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out and saying, not in my backyard, or throwing our hand up and
saying, we will do nothing. It's time to point at ourselves and ask what
can we do to make this happen.
A friend of mine in education texted me on the night of the
election when the election results came in, which actually may have
surprised you, saying, quote, this shows a change in philosophy for our
community reflective of a different community of voters.
I think our presence here today shows you that as well, and I hope
your decisions today will finally reflect that change. Thank you.
(Applause.)
MR. MILLER: Your next speaker is Patricia --
COMMISSIONER FIALA: How many of you live in East
Naples?
MR. MILLER: Your next speaker is Patricia Young. She'll be
followed by Robert Rohrer.
MS. YOUNG: Yes, I'm going to --
MR. ROHRER: Robert Rohrer yields his time.
MS. YOUNG: I should be able to make this short because I very
much overlap with what the very first speaker, Elliot, said already.
And I'm -- I see it as two different issues here today. We're discussing
a place to put affordable and we're discussing the use of parkland for
uses other than parkland. And I'm here to defend parkland.
Park -- we've counted cars, we've counted traffic lights, we've
counted schools, we've looked at the environment, but what about the
social infrastructure of our county? Parkland is the basis of our social
infrastructure. It's where people congregate and gather, and it cannot
be duplicated in any other way.
So I'm suggesting that we not use parkland for anything except its
intended use. And if we have to wait for 10 years to get a buildout,
fine. I think Elliot made a very good suggestion about the gardens.
But it's quite an oversight when we do all these different studies.
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We've paid ULI. They have said we need housing. We paid -- we
count the roads, as I say, but no one, no one, as far as I know, has
counted the social infrastructure, the uses of beaches, museums,
libraries. Parkland is the same kind of thing.
And one of the representatives from the school system said that's
what they use to lure people in. It's a beautiful county. We've got lots
of parkland. And, by the way, I am a former teacher, so I have no
problems with teachers living next to me, and I hope nobody had a
problem with me living next to them.
Anyway, I'm saying today to commissioners, please consider the
value of parkland. It's irreplaceable. Right now there's an expensive
study going on in the county in the CRA -- Bayshore CRA area where
Tindale Oliver is searching for parkland in the Shadowlawn area.
There's no land there. They're thinking of using the canal basin.
So let's keep the parkland that we have. Please vote in favor of
keeping parkland. Thank you very much.
(Applause.)
MR. MILLER: Your next speaker is Monique Irwen (sic). She
will be followed by Bart Joseph Jackson.
COMMISSIONER TAYLOR: Just to address the speaker before
and certainly the speakers here about parkland, if we remove Manatee
Park from the equation, we still have a surplus of parkland according
to our most recent 2018/2019 AUIR right here.
COMMISSIONER FIALA: Which happens to contain the new
sports center, right, sports complex, which then changed the balance.
COMMISSIONER TAYLOR: Right. I'm just telling you we
have a surplus. We're not -- it's not as if we don't have parkland. We
have a surplus of parkland.
MR. MILLER: Your next speaker is Monique Irwen.
MS. IRMEN: All right. So I'm Monique Irmen, and a couple of
things. While I understand you may believe we have a surplus of
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parkland, we do not have any parks, as I understand it, east of Collier
at this point if we remove Manatee. Is that correct? I believe that's
correct.
CHAIRMAN SOLIS: That would be a question for staff, but go
ahead.
MS. IRMEN: All right. So what I want to do today is I want to
present to you 1,100-plus signatures opposing the re-purposing of
Manatee Park, again, for all the reasons that were discussed before.
And I do want to let you know that Elliot Miller volunteered to go to
Broward County to get us another 200,000 signatures if we need it. So
I don't know.
(Applause.)
MS. IRMEN: We've got to have a little humor today. He was the
one that started it. All right.
So I don't know who to give this to. This is out on change.org.
These are -- so I guess you get this. There you go. Thank you.
MR. MILLER: Your next speaker is Bart Joseph Jackson. He's
been ceded additional time from John Tiano. Are you present?
MR. JACKSON: Mr. Tiano had to leave.
MR. MILLER: Okay. John Moretti.
MR. MORETTI: Here.
MR. MILLER: So you will have a total of six minutes, sir.
MR. JACKSON: Okay.
MR. MILLER: I'm sorry. He'll be followed by Jean Kungle.
MR. JACKSON: Thank you. There's a painful reality that comes
with being employed in America. Having a job does not guarantee you
will be able to have a life that provides a stable, affordable place to
live. It's a fact of life, okay.
Collier County workers need -- now, when I use the term
"workers," it's all-encompassing. May I say that? Workers in general.
Collier County workers need but have not had a meaningful
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increase in income or wages. That's the basic housing affordability
problem. Collier County's workforce is simply not being paid a fair
wage for a fair day's pay, and that's where you have this problem of
affordability.
Declining affordability is the result of stagnant wages, low levels
of skilled labor, and rising housing costs; however, how we measure
affordability will help us better understand the underlying causes of the
problem. What Collier County is attempting to do is to come up with a
housing affordability cure that leans far too heavily on addressing the
symptoms and not the cause of the issue.
It would seem simple enough that the role of the county should be
if people cannot afford to live where they work, the county should look
at a vast array of solutions to get workers enough compensation or
enough support so they will be able to do so. That might include
moving closer to work if workers so choose.
You are assuming far too many unknowns regarding workers
living outside Naples and having a desire to pack up and move to
East/South Naples. What if your assumptions are completely wrong?
Have you researched how many of the target workforce you use in
your accountability reports would actually move to East or South
Naples? Would they? Could they?
Have you researched how many essential personnel have
school-age children and how important the quality of the schools
would play and those target groups possibly making a decision to
move to East or South Naples?
There is one undeniable fact when it comes to where someones
chooses to live. Consumers will attempt to move where the housing
best suits their desirable lifestyle, regardless of what that desired
lifestyle may be.
Do we need to have a deeper discussion regarding exactly who
will and will not be included in the category of, quote, workforce
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housing that the county continues to position as the target group? Who
will ultimately benefit from more affordable housing?
We have a large population of homeless and economically
challenged service veterans in Collier County. I've not heard one
person address them and what their needs are.
We have a serious need to support the elderly, economically
challenged, and never complaining because they have too much pride
to beg for help from you.
We keep hearing from the county that term "essential workers,"
requiring affordable housing within the county, yet that group has not
been accurately described, as the county plays upon the community's
responsibility to be "all in" on the county plan to dump more
affordable housing in an area already saddled with a disproportionate
share.
Instead of the county pointing its compass at affordable housing
as the solution, perhaps the discussion should begin with the real root
of the affordability problem. Low wages for workers working within a
county whose main product being sold to our residents and tourists is
the sun and the beach. That's what we sell. We sell the sun and the
beach. If you want to live somewhere where you sell the sun and the
beach, you're going to pay a price for it.
You want to go out to Aspen and you want to be a ski bum, you
can do it. You're going to make $9 an hour at best, and you're going to
have to huddle up with other people, but you'll have a great lifestyle.
Let's make no mistake what Collier County has to offer as its
number-one product in service: Collier County sells paradise, and
paradise comes with a very heavy price in form of high costs for all
those that choose to live here, and I mean all of us, and I do mean all
that choose to live here, both young and old. Age does not
discriminate when it comes to affordability. No one is immune from
the high costs of living here. Absolutely no one.
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The cost of living in Collier County is 25 percent higher than the
U.S. average. This is a fact Collier County employers have largely
failed to recognize. For families working to earn a living, it's a daily
fact of life. For retirees, it's a constant threat to their ability to outlive
their nest egg.
For seniors and widows living alone, it's the fear of becoming
homeless and on the street. For our younger residents who have come
back home after being saddled with excessive college debt, it's the fear
of not finding a job in Collier County that allows them to be
self-sufficient and not default on a student loan.
There's a lot of people struggling in Collier County from a lot of
different groups all trying to survive while pride forces them to
possibly not reach out for help.
If we are going to discuss housing affordability, let's open our
hearts and include everyone facing the problem, not just the select
groups that some self-interest groups focus their attention on. The fact
of the matter is, Collier County does not provide enough promise of a
good job for workers because Collier County sells fun and sun and the
recreational opportunities that go along with it.
We manufacture very little here. We have no good
manufacturing jobs. They're very hard to come by. Collier County is
not a manufacturing hub outside of Arthrex, our leading
medical-device manufacturer. Manufacturing jobs pay 30 percent
more than nonmanufacturing jobs. More manufacturing jobs will
increase the diversity of Collier County's economy which relies much
too heavily on hospitality, medical service, and construction jobs.
Collier County needs more jobs that provide a livable wage if we
ever expect to attain sustainability. Low wages have been exacerbated
by the decline of labor unions, lacking educational attainment and
vocational trades, a surplus of workers in the labor pool, few
companies offering health benefits, which forces those with it to stay
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fearful to find another job, exorbitant student loans, and high numbers
of undocumented or illegal immigrants willing to take ridiculously low
wages.
For decades, law makers have let the value of the minimum wage
erode, allowing inflation to gradually reduce the buying power of the
minimum wage income. Don't buy the media reports of controlled
inflation. It's nonsense. Visit a supermarket with $100 in your pocket
and see how much that $100 will buy.
CHAIRMAN SOLIS: Thank you. Thank you. Your time is up.
MR. JACKSON: Okay.
UNIDENTIFIED SPEAKER: He can have a minute of my time
if he needs it.
CHAIRMAN SOLIS: No, no. His time is up.
MR. MILLER: Your next speaker is Jean Kungle. She'll be
followed by Laura Cox.
MS. KUNGLE: Good afternoon, Commissioners. I'm not going
to take up too much of your time. A lot of what was -- I was going to
say was already said.
I will say I am here on behalf of myself as a resident of East
Naples, and I'm also here on behalf of the East Naples Civic
Association board, and we are definitely opposed to any parklands
being changed into any kind of housing; whether it's affordable,
market, it doesn't matter.
And I can say listening to a few things, the $3 million value on 60
acres, it depends on what you're going to use that use for. That 60
acres to a big developer would be millions and millions of dollars, and
I don't think we should be giving up any kind of parklands. Thank
you.
MR. MILLER: Your next speaker is Laura Cox. She has been
ceded additional time from Mary Catherine Quinn.
MS. QUINN: Yes.
November 13, 2018
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MR. MILLER: And from Rosalie Brainard.
MS. BRAINARD: Here.
MR. MILLER: For a total of nine minutes. She will be followed
by Slone Delong.
CHAIRMAN SOLIS: And there's nine minutes, I think after this
speaker we're going to break for lunch and take a short lunch.
MR. MILLER: Yes, sir.
MS. COX: Mine's six and a half.
CHAIRMAN SOLIS: Very good.
MS. COX: Good morning, Commissioners, staff, and guests.
My name is Laura Cox, 9478 Carmini Court.
I support affordable housing, and I think we can do better. In the
conclusion of the ULI study, they stated that Collier County absolutely
has a housing affordability problem. It is not a crisis yet.
The panel believes the county needs to come to a consensus and
establish a clear vision about how to move forward. Housing
affordability is essential to creating and maintaining a vibrant and
sustainable community, and failure to act now will put at risk the very
things that make Collier County so special. Maintaining paradise is
both a privilege and an obligation.
So today I ask, do we really have a clear vision for locating and
building affordable housing in this county? Offering affordable
housing solutions cannot be a standalone proposition. It also has a
social responsibility. And it's when we merge the two, our social
responsibility with our vision, that we will be successful in creating
and maintaining that vibrant, sustainable community we seek for our
future.
Unlike other cities and counties, ours is not a crisis yet.
Fortunately, we have time. We have time to do better.
If one of our primary goals is to offer our workforce the
opportunity to live where they work, then let's consider what's
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important to them. They probably have children, and a top priority or
concern of working parents with children is schools.
So, in essence, the workforce may have no desire to live here, to
live in Collier County if that fusion of schools and housing options is
missing or does not meet their expectations.
Today you are being asked for approval to investigate the future
development of Manatee Park. So let's look at what surrounds Manatee
Park. There is already a concentration of low-income properties with
more housing approved and in the works. And the schools, well, the
schools at best are mediocre.
I found this very interesting, and it's been spoken about today, the
feasibility study considering development of affordable housing on the
Manatee Park site stated no impact on Manatee Elementary. How can
that be? Well, it's because the school is already at capacity, and at
capacity, no further impact is even considered.
So we have a proposal for housing that is affordable, but it's next
to an overcrowded elementary school. Not so good.
Now, what does Manatee Elementary look like? Here's some facts
from -- and, again, I'm not an expert, so I use the Internet, and this is
what other people do, too; Schooldigger.com. Manatee Elementary
ranks 1,288 out of 2,100 Florida elementary schools. It's a two-star
school. 93 percent of the students receive free or reduced lunches, and
in 2018 the calculated average standard score was 40 percent. Not so
good.
And Manatee Middle School, well, it doesn't fare much better. In
2018 it ranked 10th among 11 ranked middle schools in the Collier
school district.
Here's the reality: If we -- in providing workforce housing for our
teachers, our nurses, our police officers, our first responders, they are
concerned about our schools, and we should be, too. With their
children in mind, they would most likely reject the housing at Manatee
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park and look for a better choice. If we want a plan that works, if we
really want to lay a framework that is a vision for the future, we need
to do better. We need affordable housing. And if we know that
schools are a major factor in our workforce deciding where to live,
then it's only logical that we task our housing staff to collaborate with
Collier County Public Schools.
How do we successfully integrate affordable housing into the
landscape of this community without working in conjunction with the
school district?
Now, I'm going to try and pull this up. I found this online, okay.
Now, he told me how to zoom there. Oh, there it comes. Now I have
to figure out how to zoom.
I found this map online at CollierCountyFL.gov. It designates a
cluster of three new schools. If anybody wants these handouts, they're
here.
An elementary opening in 2019, a middle school opening in 2023,
and a high school opening in 2027. I wish I could figure out how to
make this zoom, but I can't. What happened to this plan? It looks like
at one time -- do you see where the cluster is? I can't make it zoom.
COMMISSIONER TAYLOR: Right down there at the bottom.
Oh, you know what, let's close -- oh, I'm going to lose my time,
though.
Okay. Well, what happened to this plan? It looks like at one time
this was a clear vision. This looks like a foundation for future growth.
Let's revisit this. Three new schools that could become the nucleus for
a family-friendly community built with the intention to include
affordable and workforce housing -- sorry.
Okay. And there again, I mean, I just went online, and I found
this map, so I don't know what happened to it. I do have another thing
that we could bring up.
MR. MILLER: Is that what you're trying to see here?
November 13, 2018
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MS. COX: Yeah, that would be great. Okay.
Three new schools that could become the nucleus for a
family-friendly community built with the intention to include
affordable and workforce housing in an outlying but still a central
location of this county.
This is what a vision looks like. This is what will make your
workforce happy to live where they work. This is the type of plan that
could make an extraordinary impact on the future of Collier County.
Taking some little piece of parkland next to an already overcrowded,
struggling elementary school in the southern end of the county far from
where workers work is not a solution or a vision for our workforce
housing. Affordable housing by itself does not achieve the greater
good.
The proposal before you of collocating housing with a park is a
good direction, but Manatee Park is the wrong location. Before
investing more time and dollars in a poor idea, as a resident of Collier
County, I ask that you abandon the Manatee Park effort and direct staff
to bring back a smart growth project. I ask that you explore the
benefits of a family-friendly community, a community where families
enjoy housing at affordable prices and quality public schools, a
community that offers both childcare and parks to play in. It's a
branded community vision that could make Collier County a really
special place to call home.
Please have the courage to say we can do better. Thank you.
(Applause.)
CHAIRMAN SOLIS: One last speaker. Is the next speaker three
minutes?
MR. MILLER: That's correct, sir. She's just registered --
CHAIRMAN SOLIS: Three minutes. And you have -- looks like
you need to get back to work.
MS. DELONG: I do. Thank you for that. Hello, my name Slone
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Delong.
CHAIRMAN SOLIS: Microphone.
MS. DELONG: Oh, sorry. Is that a little bit better?
CHAIRMAN SOLIS: Yeah.
MS. DELONG: All right. Perfect.
Hello. My name is Slone Delong, and thank you for taking the
time today to listen.
Today I come to you not only as an individual but as the vice
chair of Young Professionals Leading in Healthcare, which is a young
professionals' organization for NCH Healthcare System.
Now, when most people think of healthcare, they think of
physicians, not generally a group that comes to mind when discussing
affordable housing. And while we do have physicians that struggle
finding affordable homes here in Collier County, today I will not be
focusing on them.
Today I will be focusing on the 1,764 young professionals we
have living and working at NCH. This group is comprised of nurses,
physical therapists, office staff, IT professionals, environmental service
workers, and so much more. These people are not only important to
our organization but vital to the survival and well-being of our
community.
I've worked in the NCH IT department for about four years now,
and I repeatedly see amazing talent leave our organization because
they cannot afford to live in Collier County. These are hard-working,
often well-paid individuals who are just wanting to start or grow a
family, but they cannot find a home here in Collier that meets their
needs. They end up purchasing a home in Lee County and, over time,
get tired of the commute and leave our organization.
Now, when someone leaves our employment, not only have we
lost a valuable resource, but we now have to recruit and train someone
to fill that gap. In our line of work, that time and money that we could
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be spending elsewhere can have a real impact on our community.
So the next time you're at a medical facility, whether it's ours or
someone else's, I encourage you to take note of the person checking
you in, the nurse or NA that gets your vitals, gets your measurements,
the phlebotomist that draws your blood, and the pharmacy technician
that fills your medications. These are the people directly impacted by
the lack of affordable housing here in Collier County, people that our
community depends on.
So I encourage the Collier County Commissioners to support
recommendations to improve affordable housing options here in
Collier County, not only for young professionals, but for our
community's health and well-being.
Thank you.
(Applause.)
CHAIRMAN SOLIS: Thank you. I'd like to take a 45-minute
lunch, if that's okay, because there's other people that have been
waiting to speak, I think, and it's --
COMMISSIONER FIALA: Could we take 50 so I can get to the
restaurant and back?
CHAIRMAN SOLIS: Okay. I thought you were ordering in.
COMMISSIONER FIALA: Oh, I don't know.
CHAIRMAN SOLIS: You had asked Mike. Let's come back at
20 minutes of, yeah, 45 minutes.
(A luncheon recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike. We're back on
Item 11A.
Mr. Miller?
MR. MILLER: Yes. Your next speaker is Jennifer Trammel
who's been ceded three additional minutes from Laura Branson. Are
you here, Laura?
MS. BRANSON: Lauren.
November 13, 2018
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MR. MILLER: Lauren, thank you. Sorry.
Your next speaker after Ms. Trammel is Martin Nestares. He'll be
next.
Go ahead, Ms. Trammel.
MS. TRAMMEL: Thank you.
Good afternoon, Commissioners. Thank you. Jennifer Trammel.
I spoke to you a year ago this week, actually, in support of
exploring alternative revenue streams for the county, including the
local option sales tax so that we could fund community priorities,
including attainable housing. And in some ways I think we've made a
lot of progress, and I thank you for your leadership on that. And in a
lot of ways, we still have a lot to do.
For many people in Collier County, buying a home is just as
unattainable today as it was this time last year, perhaps even harder
with rising home prices.
As a member of the Chamber's Public Policy Committee, I
believe creating housing options that are safe and affordable for a
variety of our citizens is a broad public responsibility. And I come
here today to encourage you to support recommendations to expand
affordable options in our community.
We know that this issue is critical to continuing to attract and
retain talent in our area. This includes those essential workers that
we've heard about: Teachers, construction workers, nurses. But it
includes young professionals across nearly every industry as well.
And I'll say it again, if unaddressed, I don't think it's too strong of a
statement to say that we are putting the future of Collier County in
jeopardy.
I'm proud to be part of a vibrant group of young professionals
here who are not only critical to our economy but who also give back
to our community in really significant ways. I think they're exactly the
kind of people we want to attract to Collier County and we want to
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keep here.
We want our young professionals to invest in this community, to
commit to being here for years to come, but we've experienced that
putting down roots in Collier County is becoming increasingly
unattainable. I think it's fair to say nearly every one of us has been on
Zillow looking at what our money gets us in other areas of the country.
So let's talk about those numbers for just a minute.
We saw in the presentation that even with an average income, up
to $94,000 a year -- and most of our young professionals are not
making close to $94,000 a year -- you could afford up to $290,000 to
purchase a property and, still, you would not reach the median closed
price on a sale in our area. NABOR reported that the third quarter of
2018 the median closed price was $330,000, nearly 14 percent higher
than what a family of three making 94,000 can afford. And we've
experienced that there are very low inventories in that price range, and
we're competing with cash buyers.
In the nearly eight years I've lived in Collier County, the rent on
the original unit where I lived has increased 107 percent. Attaining a
reasonable lifestyle in Collier County is getting harder, and we see
what our money gets us across the country.
So I foresee that brain drain is going to be a real issue for us as
our talented professionals choose to go elsewhere. And we literally
just had an example of this this afternoon. You should know that one
of our colleagues was here scheduled to speak, and she had to leave
because she received an email saying that one of her employees just
submitted their resignation. And one of the exact pieces of
information they gave for resigning was the inability to find long-term
affordable housing.
We're losing talent every day, and they're not going to come back.
They're going to put down roots in other communities, and that means
we're going to lose out. We're going to miss out with our businesses.
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Our economy will suffer, and our community misses out on their really
valuable contributions on a human-to-human level.
So please don't take the lack of young professionals here in this
room right now as a sign of apathy for government or for affordable
housing. They're at work. We've given up at least three hours out of
the office at this point. You see us working on our laptops, taking
phone calls. We're trying to make a difference and make our voices
heard in the county. It's not easy at what was to be a 10:45 item on a
Tuesday. But we appreciate the time-certain. Thank you.
So, Commissioners, we need to address this long-standing
problem. And I'm not saying that the Bembridge and Manatee sites are
the place to do this, but it's something worth consideration, and we
should consider other sites as well.
But I think it's become clear today, whatever sites we consider,
we have a real perception problem here in Collier County about who is
workforce housing, who's affordable housing, and that was evidenced
today by the comments I heard under people's breath as we talked
about this issue. This perhaps is NIMBY'ism, not in my backyard, at
its finest.
So I just ask that you think of the people that you've seen in this
room today when you think about affordable housing. And to echo
Amanda Beights, don't we deserve a chance to be your neighbor, too?
Forgive me for leaving after these comments, but we have to get
back to work. Thank you for your time and your consideration.
COMMISSIONER FIALA: I just want to ask you something.
MS. COX: Yes.
COMMISSIONER FIALA: Very good speech, by the way.
What industry are you in?
MS. COX: My background is in news and media, and I work for
a company that archives news content with marketing
communications.
November 13, 2018
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COMMISSIONER FIALA: So would you be willing to move
down here to East Naples? Because we have lots of stuff right here.
MS. COX: You bet. In fact, I used to own a home in East
Naples.
COMMISSIONER FIALA: Oh, did you?
MS. COX: Yes.
COMMISSIONER FIALA: Yeah. We have lots of stuff that
would appeal to you or anybody because they're in the right -- I live in
a neighborhood where you can buy a two-and-a-quarter easily all day
long, and the new ones that they're building, Argo Manatee that I just
mentioned, they're all single-family homes, and they're right there by
Manatee school. True, it's overloaded, but still, they have that. There's
a lot of things available, but I don't think anybody lives down here, and
that's why I ask.
MS. COX: In fact, there are several people here who do live in
East Naples.
COMMISSIONER FIALA: Good. So they know that there is an
availability?
MS. COX: Yes.
COMMISSIONER FIALA: Thank you.
MS. COX: But it's still not enough to fill the gap of what's
needed.
COMMISSIONER FIALA: Well, that's right, but, you know,
other areas, I'm sure, are going to start coming up to the plate and
offering areas, too.
MS. COX: And I think that's important to look at that diversity
across the county. Thank you.
(Applause.)
MR. MILLER: Your next speaker is Martin Nestares, and he will
be followed by Alex Breaolt.
MR. NESTARES: Hi, good afternoon. My name is Martin
November 13, 2018
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Nestares, and I am a local business owner, and I also reside in
Commissioner Saunders' district.
I want to first thank the Board of County Commissioners for
setting time aside for such an important topic as this. I think that it is
very clear by everybody who came today, everybody who has spoken
today, that affordable housing is an issue that Collier County cares
about, that Collier County is worried about, and that Collier County
needs action on, and that is why we rest on the five of you to do
something about that.
I, as a young professional and all of the other young professionals
that have come before you are saying that, please, don't give up on this
topic. I know that it is a difficult topic. I know that there are voters
who, for one reason or another, may not understand who this
affordable housing is going to help or what -- the purpose behind it.
And with that, I ask that maybe we have a little more education.
Maybe we explain to these individuals who is the target audience for
these communities.
Now, there was a lot of concern that a park is going to disappear,
but was I sitting watching those presentations. And if I remember
correctly, the park is still going to remain at that site. In fact, it's going
to take up to 50 percent of that site. So nobody here -- and please
correct me if I'm wrong -- is talking about getting rid of a park. That
park will still be there. And why not have a community right next to a
park, a community that can be filled with young families with kids
who can enjoy that park?
Now, since the time that I've lived here in Naples -- and I've only
been here for four years -- I have personally known four teachers who
have had to stop working in Collier County because they could not
afford to live here. One moved to Lee County, and the other three left
the state altogether. We're talking about individuals who could, if they
could afford, build their roots here in Collier County, individuals that
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can give income and revenue to our local businesses, and we need that.
We can't just be a town of tourism and retirees, with all due respect.
So I please ask you that you not give up on this topic and that you
give it the attention that it deserves.
Thank you.
MR. MILLER: Your next speak is Alex Breaolt. She'll be
followed by Nikki Dvorchak.
MS. BREAOLT: Hi. My name is Alex Breaolt, and I was born
and raised in Naples, Florida.
My affordable housing story is a success story, but I was able to
live in my parents' house for two-and-a-half years with my husband.
And sometimes it wasn't ideal, but we were able to save a lot of money
to be able to afford a house, and we actually ended up buying a house
in District 1, and -- in Kings Lake. That's the same -- that story goes
for my sister and for my brother, excuse me, but, unfortunately, that
doesn't happen to many young professionals. They don't have that
opportunity to live in their parents' house for two years.
I also would like for you to consider a tiny-home neighborhood.
These are trending around the country, and they are small cottages that
young professionals and workforce live in. And these homes are small
in square feet, but they're also small in acreage, so there's not a lot of
impact on the communities around.
And also, I just want to say thank you so much for having us
young professionals speak on our behalf, and I am -- thank you so
much.
MR. MILLER: Your next speaker is Nikki Dvorchak. She has
been ceded additional time from Mosy Saracino.
MS. DVORCHAK: She had to leave.
MR. MILLER: Oh. Then you will be speaking for three minutes
and will be followed by Steve Sanderson.
MS. DVORCHAK: And I also got, I think --
November 13, 2018
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MR. MILLER: Oh, I'm sorry.
MS. DVORCHAK: -- time from Jenna.
MR. MILLER: I did not see that. Jenna is here. I do have
Jenna's slip. I'm sorry. My apology.
MS. DVORCHAK: Thank you. No, that's okay. Thank you so
much.
My name is Nikki Dvorchak, and I appreciate your time today.
I just have a few examples of my personal experience and why
workforce housing and really addressing this issue is so important to
me.
First of all, through work I've had the opportunity over the past
couple of months to be able to go out and visit multiple companies,
probably over 50 in the past four months, and discuss with them their
successes and their challenges, what's going on with them and how
things are going in the community.
And whether it be construction, hospitality, healthcare, education,
they all had the same challenge. The issue they have is attracting and
retaining talent. They cannot fill critical positions within their
companies, and the reason, whether they make an offer and the
potential candidate is entertaining it, they say they cannot find
comparable housing at an affordable price to where they're locating
from. So then the employer either has to increase their offer or lose
that potential great candidate.
It's something that we need in this county to be able to retain
businesses in this community and let those businesses continue to
grow.
My own experiences are also very similar. My sister moved here
four years ago, and she had to rent, and she has had to move every
single year. Of course, having multiple different roommates,
roommates who have that issue where they can't afford to live here and
leave. She started working here at a childcare facility making $11 an
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hour. So of course she can't afford to live on her own. And every year
that she's had to move, because the rent went up.
Last year she decided she no longer wanted to keep moving, and
she wanted to buy her own home where she could afford to live and
put down some roots. She searched and searched in Collier where she
wanted to stay, where she works, where her family and friends are, but
she couldn't, and she recently just purchased a condo in Estero where
she will now be giving back to that community, supporting those local
businesses, and voting, though she works here in Collier County.
I, myself, had to rent when I first moved here. I bought a home,
small, an investment, was able to sell it, and then purchase a home that
was a little bit more space for my family. I now have a growing
family, and our house is, again, too small, yet I can't afford to find a
larger home. I can't afford that, and both my husband and I work
full-time and very hard to give back to our family.
And I think the issue is that we don't remember that the cost of
childcare is extremely high and basically a second mortgage. We keep
discussing getting a roommate. Well, my husband and I are not going
to entertain that idea.
And so I say to you, it is very important to understand we're not
just talking about young professionals who are coming here straight
out of college. We're talking about families; giving them somewhere
to live, somewhere to put down roots, lets their children go to this
amazing Collier County public school, let them take advantage of this
wonderful quality of life and remember that, yes, we're not just a
retirement community anymore, though we do want those people here.
We want the philanthropists in this town.
But guess what, they're not going to enjoy their quality of life
here without the great service, without the great people, without the
nurses that are able to live here and provide those services to them.
So, please, continue to discuss this as an issue that's really
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important, and don't run us all out of town. Thank you.
MR. MILLER: Your next speaker is Steve Sanderson. He is not
here. Marvin Guerrier.
(No response.)
CHAIRMAN SOLIS: Suzanne Orschell.
(No response.)
MS. KUNGLE: Sue is here.
MR. MILLER: Is Spencer Smith in the -- go ahead, Suzanne. Is
Spencer Smith here?
MR. SMITH: Yes.
MR. MILLER: You will follow this -- Suzanne Orschell, please,
Mr. Smith.
MS. ORSCHELL: Good afternoon, Commissioners.
I actually had prepared a speech, but I was sitting out there
rewriting it, because as I'm listening to the discussions today, some
different things are resonating with me other than my initial thoughts.
I've been around for a long time, 58 years here in Naples; East
Naples, probably 48 years. I've worked here for 33 years, so I
understand what the young professionals are saying. But we do need
housing. We do need affordable housing for everybody.
What I am a bit concerned about, though, is the mixing of the
terms. I keep hearing workforce housing. I keep hearing approved
affordable, affordable. They're all separate entities. And as I looked at
some of the slides presented by the Housing Department, it only
allocates between 10 to 25 percent to special needs.
So will our young professionals benefit from converting
Manatee? Bembridge, probably. But I don't know about Manatee.
And, again, is that where these folks want to live?
I think Laura Cox made some very good points. I think young
families are looking for schools. I think it's very important to them,
and I'd like to see a more comprehensive view taken of the various
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sectors and what conditions and what things are important to them
before we jump into a blanket, you know, 40 acres or whatever.
So, again, I'm kind of endorsing Laura Cox's comments. Thank
you very much.
MR. MILLER: Your next speaker is Spencer Smith. He will be
followed by Matthew Goodwin.
UNIDENTIFIED SPEAKER: Not here.
MR. MILLER: Go ahead, Mr. Smith.
MR. SMITH: I'm Spencer Smith. I work for the United Way of
Collier County. I am currently the director of programs there. I
oversee over $8 million that go out through our community on an
annual basis with social services, disaster recovery, long-term
recovery. You name it, we kind of handle it.
I also run our Collier 211 initiative, which is basically a resource
referral hot line. And we constantly have the top three concerns is
going to be housing, whether it is mortgage assistance, whether it is
rental assistance, or whether it's utility assistance. It's one of the three.
And it comes to show the dire need for the assistance in these different
areas.
Our case managers often have to refer out to social services that
they know have been depleted of funds. So they have to go through
and do further case management to kind of see and assess what's the
current situation? What is it? What's the problem? Figure out other
ways to solve the problem, because there is no solution for affordable
housing currently.
With the community only growing, it just shows that there is even
a greater need.
I watched the presentation today, and I saw it was great. And I
work on a lot of different funds that are either -- either grants that are
funded either federally, state, or locally. And I want to say the one that
I'm currently working on is through the disaster case management,
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which is a funding through Volunteer Florida and FEMA. It is a
federal grant. And we have all of our federal statistics from that grant
directly from FEMA.
This is a part of a Region 3 grant where we are part of one of
three counties that are receiving $5 million. This is between Broward,
Lee County, and Collier. Do you know how much Collier got out of
that $5 million?
COMMISSIONER FIALA: Twenty cents.
MR. SMITH: Eight hundred thousand dollars, and that is
supposed to last us for 16 months.
Based off their data from the hurricane recovery, we only had the
need for $800,000. They only ascertained that we had 289 cases of
families that were going to be in need for housing assistance getting
back onto their feet.
To date -- this grant started April 23rd of this year. I have already
identified over 2,000 cases that we are currently working on to fulfill.
And that's just the ones that are willing to come forward. There are a
lot more families struggling. I have callers from your own government
jobs, employees here that are calling and actually reaching out for help
now.
We are seeing a completely new demographic who's really trying
to figure out how to navigate social services. They've never been in
this position before. They are too humble and too proud to accept
these services in the past. And now, a year after the storm, their credit
cards are maxed out. They don't know what to do. They've reached
rock bottom. Not all of them have family members to help them fix or
assist their issues at this time.
So why we're stepping forward and trying to fill the gap. That's
our role at United Way. We're trying to fulfill the needs of our
community by covering gap social services areas.
I don't have a lot more time, but I just wanted to say, you know,
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we help over 100,000 families every year. Data's not always absolute,
so that's why you need to trust the people who work firsthand with the
issue.
Thank you.
CHAIRMAN SOLIS: Thank you.
MR. MILLER: Your next speaker is Sonia Vargas? Sonia
Vargas.
(No response.)
MR. MILLER: Not here. Your final registered speaker is Nick
Kouloheras.
COMMISSIONER SAUNDERS: I think Nick promised us he
won't take more than 30 seconds. I think I heard that.
COMMISSIONER TAYLOR: I heard him say that.
MR. KOULOHERAS: Well, as I pull up my PowerPoint
presentation, I have been ceded the time of 75 other individuals, none
of which are here, though, so I'll be 30 seconds.
First of all, thank you very much. What's amazing as I sit back
and I hear all the conversations, you know, working for Habitat for
Humanity, I've always thought of Habitat just as the forefront, as the
tip of the sword of trying to address this affordable housing issue we
have here in Collier County.
But to sit back and hear everyone here today, I think most people
in the room, whether you're for the Manatee site, against the Manatee
site, or any of this, agree that there's an issue that needs to be
addressed, and it's bigger than Habitat. It is a Collier-County-wide
issue that affects so many of these young professionals that took the
time out of their day. I mean, luckily for me, I get paid to stand up
here. So I appreciate the time.
But I just want to encourage you to continue to move this ball
forward, as I've always said. This, obviously, is an issue that affects
this county in many, many ways, ways that we don't even know yet,
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and statistics cannot accurately depict what the negative impacts not
having affordable housing can have on our community.
So I do appreciate your time. I appreciate it. I hope you have a
wonderful Thanksgiving.
I did want -- one point of clarification. There was a gentleman
earlier who said Habitat for Humanity owned a thousand acres in East
Naples. I'd like to know where that is, because I think we do a lot of
great things on it, but that is not an accurate answer. We do,
obviously, own property in East Naples, but not of that scale.
So thank you, Commissioners. Have a wonderful Thanksgiving.
(Applause.)
CHAIRMAN SOLIS: Okay. That was our last speaker?
MR. MILLER: Yes, sir.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I just all of a sudden got
moved in number-one speaker here, so let's see how this goes.
First off, I'd like to say this: The acknowledgment of the need is
not the discussion today. It's how to support the need. And though
there's a lot more age up here on this dais than a lot of the -- several of
the speakers that we've just recently had, most all of us were young
professionals at some stage or another. Most all of us had housing
issues where, as we were coming through, we had to make concessions
and we had to do things that we didn't really like to do but we had to
do.
So with that, the argument, discussion, if you want to call it that,
is not the need. It's how do we satisfy that need. And I have regularly
made suggestions to our staff of alternative methodologies to support
the need that are not a requisite of government -- who's got the button
on me?
MR. MILLER: That would be Mr. Kouloheras, sir. No, I'm
kidding.
November 13, 2018
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COMMISSIONER McDANIEL: So did somebody give the
button to the chairman? That's what it was.
MR. KOULOHERAS: Commissioner McDaniel, I cede my time
to you.
COMMISSIONER McDANIEL: Yes. There you go.
The long and the short of it is is there are alternatives that don't
require government subsidation. We have capacities to support these
needs that don't require government subsidation. I, myself, was a
recipient of a Collier County plan that was put forth back in the early
'80s when I bought my first home. Granted, it was 125,000 total out
off of 25th Street. But the program was set up to allow for first-time
homebuyers to not have to come up with the 10 percent down. And 10
percent of 125,000 is $12,000. And when you don't have any money,
12,000's a lot.
And so we were allowed to only have to come up with 5-. We
were allowed to borrow a portion of that 5-, and the PPI, principal
payment insurance, was subsidized by Collier County. And it allowed
me to afford to buy my first home out off of 25th Street Southeast on
the canal.
There are -- Mr. Elliot suggested other alternatives that are
available that have yet to have been explored by our community.
So I would highly recommend -- and I'm going to say this out
loud to my colleagues. That as we move this issue to a vote,
minimumly, we segregate these two pieces of property that are being
proposed by staff between the Bembridge and the Manatee site
because, as it sits now, you will not receive my support with regard to
this initiative going forward if the Manatee site is included.
So having said that, the last point that I'd like to make and -- you
know, it's been regularly mentioned that the folks from ULI came and
talked to us and shared with us that we don't have an affordable
housing crisis. We have a housing affordability issue that could
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become a crisis at some particular stage, and some people have
different diagnoses of a crisis or not.
One of the things that I gleaned -- and I've said this before, but I'll
say it again because it's worth saying. Every thousand-dollar increase
in the purchase of a home precludes 133 people that live within Collier
County's demographic of affording that home. Why are we not, as a
community, exploring alternatives to ensure that the housing cost
reduction is applicable to the individuals that are actually purchasing
that home?
Manipulation of impact fees. We've the highest impact fee
structure in the state of Florida. Sixty-seven counties, we're the
highest. So why are we not, as a community, exploring alternatives
such as that?
I don't think a person that came here and spoke to us today in
favor of housing affordability is looking for a handout. We're just
looking for help. I got it. I don't think anyone here is looking for a
handout. They're just looking for help.
And I think there are alternatives there that don't turn worlds
upside down with uses of pieces of property that Collier County, in
fact, owns.
I made a suggestion to the folks with the school board today. Did
you notice Tom's answer when I asked him what the school board was
doing with their land? That's a board decision.
What's the Fire Department's doing?
There are alternatives and other pieces of property that can be
utilized to attract, keep, and allow for new employees to come to our
community and assimilate into the structures that we, in fact, have
from an affordability standpoint.
That's all I have.
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: Thanks for not hitting the
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button twice.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. First of all, I think that's a great
idea about building just even a small apartment building on each site
where they already have schools, that would be a great idea, and you
would take up a lot of that property and give people places closer to
their work. And the good thing is, that's going to be all over the county
rather than in just one area, which also might please people. It doesn't
have to be just teachers, of course. It could be anybody, but at least we
would see some affordable housing. I don't know that anybody's
brought that up, but that's an excellent idea.
Also, I've heard a lot of people saying there's no affordable
housing. Well, I don't know, have they built any affordable housing in
your area?
CHAIRMAN SOLIS: We have -- 11 percent of the affordable
housing units and 8 percent of the property in the county. So there are
some.
COMMISSIONER FIALA: Where are they located?
CHAIRMAN SOLIS: If you go up off Old 41, that's a lot of
affordable housing on Old 41.
COMMISSIONER FIALA: Okay. So now you're hearing --
that's just what I'm asking. We're not building any recently, but there
is some, right?
CHAIRMAN SOLIS: Yeah.
COMMISSIONER FIALA: Okay. Have they built any in the
City of Naples?
COMMISSIONER TAYLOR: No, they haven't built any --
COMMISSIONER FIALA: That's all right. That's all right.
COMMISSIONER TAYLOR: Well, they've got -- no, that's not
true. They're building Habitat for Humanity homes in the City of
Naples.
November 13, 2018
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COMMISSIONER FIALA: Well, they built one. Are they going
to build more?
COMMISSIONER TAYLOR: No. They have two most
recently.
COMMISSIONER FIALA: Okay. But that wasn't the point.
You didn't need to say that. Just saying, you know, yes or no, or, you
know, I don't want to be making -- I don't want to be making fun of
any, but that isn't the point of this.
How about you, Commissioner Saunders?
COMMISSIONER SAUNDERS: Do I have to say yes or no? I'll
say yes. What was the question?
COMMISSIONER FIALA: Are they building more affordable
homes --
COMMISSIONER SAUNDERS: Yes.
COMMISSIONER FIALA: -- in your area?
Okay. Well, all I hear is they're building great things in Golden
Gate, and I heard all kinds of praises at lunch today, so I heard about
that. And I know that they're building some by you.
COMMISSIONER McDANIEL: A lot.
COMMISSIONER FIALA: Have they built anything -- they
aren't?
COMMISSIONER McDANIEL: No. A lot --
COMMISSIONER FIALA: Oh, yeah.
COMMISSIONER McDANIEL: -- in Eastern Collier County.
That's where the most -- there again, your housing -- not to interrupt
you, but your housing price component comes from construction costs,
impact fees, and in your cost of land. And where is the land the least
expensive? The further away you get from the big pond.
COMMISSIONER FIALA: Sure. So now are they building
more in Collier County you're saying, maybe?
COMMISSIONER McDANIEL: There is availability in
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Immokalee, but they're not building any at this stage.
COMMISSIONER FIALA: Oh. No, I knew that they weren't
building any. I know that they haven't approved any for a long time.
But, anyway, so let me tell you, although you-all have said, yes,
no, or maybe, I want to tell you there is a lot going up by me, and I can
name a few of them right now, which I'm really proud of because they
are doing that. And this is housing, as we said, for teachers, nurses,
and deputies and so forth. It's going up. And you can go in there and
see. And there's single-family homes. Like, for instance, Argo
Manatee, they're not expensive; they're not very expensive, but they're
delightful little single-family homes right there by Manatee Road. And
they're -- the whole complex is building right along. I guess -- I don't
know how many people already live in there.
And then there's the one that somebody just talked about, Inspira.
Well, they say it's comparable to Orchid Run, but Orchid Run,
apparently, is cheaper than Inspira. I don't know that, but that's what
somebody said in the audience, that it was cheap. Somebody from our
staff or somebody said that they were a thousand dollars. Well, Inspira
is not. They're about 13,5- and going up from there. And every --
every time they paint the front door, somebody's already moving into
it. I mean, it's really popular.
We have Milano Lakes, and that's all rental property there, and
they've got -- it's great. Now, that's designed and built strictly for
teachers, for nurses, for that category, even have dog -- two dog parks
in there, big swimming pool, a fitness center, and so forth, and it's a
reasonable price that the teachers and service personnel can live in.
Then they have New Hope that's going up right now. Boy, that's
a huge place. I guess about 350 or so homes.
COMMISSIONER McDANIEL: Three hundred and four.
They're going to be very expensive.
COMMISSIONER FIALA: Oh, are they?
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COMMISSIONER McDANIEL: Yes.
COMMISSIONER FIALA: Oh. So what price is that; do you
know?
COMMISSIONER McDANIEL: Yes.
COMMISSIONER FIALA: Oh, what is it?
COMMISSIONER McDANIEL: Very expensive.
COMMISSIONER FIALA: Okay. All right.
And then they have one that they're building right over here on
Thomasson. I don't know the name of that place. I should know it, but
I don't at this moment. You see the wood structure being built. And
those are going to be studio apartments as well as others. It's all built
out of wood. I've never seen that. But that's also in the marketplace.
So you see that there's a lot of stuff being built here, and
everybody says, no, you're not. But we've got it right here. Plus,
Habitat is building a whole new village there also.
So you've got all price ranges -- excuse me -- meeting the need.
And I don't know of many others going anyplace else. But we're trying
to handle all of the needs. We can't all do it in one area. And maybe
people are just saying we're not building it where they're working; that
could be the case.
But then schools could be distributing it around, too. If they're
not building it anyplace else, don't look at me. We're doing our best
for everybody. So thank you.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: Well, I guess we could put
housing at Naples High School, but I think we're going to have to
move the football field.
COMMISSIONER FIALA: I don't think Naples High School
would work.
COMMISSIONER TAYLOR: But you said -- right. And Lake
Park, I think we're going to have to get rid of the parking at Lake Park.
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They're going to have to get rid of the track at Gulf View Middle. Let's
see. Seagate, agh, no place to put it there.
So when you talk about putting housing for teachers on school
property, the property has to be large enough to accommodate them.
And the last time I looked at these -- I guess Lely might work but,
gosh, they'd hate to lose their football field, too.
I don't know where you'd put them. Now, could they plan in
going into the future? Perhaps. But we need to talk about now. We
need to talk about 1,764 employees at Naples Community Hospital --
and I think you worked for them at one point, ma'am --
COMMISSIONER FIALA: I did. Thirteen years.
COMMISSIONER TAYLOR: -- who need housing. We heard
that testimony today. We heard testimony that the only people on the
stakeholders committee were people who are going to make money --
COMMISSIONER McDANIEL: That wasn't --
COMMISSIONER TAYLOR: -- from affordable housing.
COMMISSIONER McDANIEL: That wasn't a fair statement.
That's not correct.
COMMISSIONER TAYLOR: Well, I'm glad you agree with me,
because the last time I looked, the school isn't making any money and,
you know what, I don't think the hospital's making any money, and I
don't think Arthrex is going to make any money.
So when you create a situation where there's unfortunate remarks
being made with ideas that probably don't -- aren't based on data, we've
got a problem.
The issue we have before us is we own property, and we have an
opportunity to put housing on it that will benefit the people who need
it.
Now, we've got a range based on salaries or income, but we can
write this RFP any way we want. And when you talk about seniors
needing housing, when you talk about veterans needing housing, and
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you're saying, no, not in my backyard, I'm not getting this.
COMMISSIONER FIALA: It is in our backyard.
COMMISSIONER TAYLOR: Why wouldn't you want seniors?
COMMISSIONER FIALA: Who would say that? Nobody said
that ever. I mean, seniors are a valuable component to our whole
community. Why would we say no to seniors? And we have lots of
senior housing. All of those mobile home parks, for instance, all of the
big apartments along down Rattlesnake Hammock Road, they're
occupied by seniors.
We reach out to the seniors. They're a valuable part and a
wonderful asset to our community because they're also the volunteers
of our community. Don't ever say that to me.
COMMISSIONER TAYLOR: But then why wouldn't you agree
to affordable housing for seniors at Manatee Park?
COMMISSIONER FIALA: I'm not going to argue, excuse me.
COMMISSIONER TAYLOR: We can write the RFP any way
we want, but we could say -- we could say, let's make Manatee seniors.
COMMISSIONER FIALA: Let me say about Manatee: First of
all, we're talking about parks here, just the parks. Now, East Naples
has a plethora of children, lots of children, and they come from mostly
low-income families, and they need a place to play because they don't
have a place in their backward. They need a place to go, a safe place, a
place that will protect them and give them a wholesome outlook on
life.
Our parks, which are minimal -- we have three of them. We have
Sugden Park, which is just great. Of course, there's no -- there's a
playground there. There's noplace else for the kids to play, nothing
indoors or anything, but it's a wonderful park to walk around in.
Then we have East Naples Community Park, and I have to say it
was the tiniest park in all of Collier County, and it does have a small
community center. The rest of it, we've kind of -- we've welcomed the
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pickleball games in there, and they've taken over the park because, let's
face it, they've brought a tourism like we've never seen before in
Collier County, and so we've welcomed them.
Meanwhile, our Parks Department has taken what would have
been two soccers fields and instead we talked together with them and
we talked together with the Sports Council and everything, we've
moved -- we've moved astro turf or artificial grass over to the Eagle
Lakes Community Park so the soccer players still have a place to go.
Yeah, there's a longer way to get there, but they have a place to go,
because we don't want to interrupt the success of the pickleball.
Okay. So we kind of lost that park, too. There's a community
center, but that's all we have, and there's only a couple rooms in there.
At the Eagle Lakes Community Park, we have a swimming pool,
which we've never had before, and it's wildly popular. Now, we have a
community center there, except there's noplace for the kids -- there's
very little place for the kids to do anything. There's no little rooms.
You can't have craft classes. There's one big room if somebody comes
in, but that's about it.
And we're hoping -- and we've been talking to the Parks
Department about making some room so that kids can come inside and
can do something. And they're working with me right now on that.
But our parks are minimal is what I'm trying to say. And we value
those because it's important to the children and their upbringing.
We talk --
CHAIRMAN SOLIS: I'm sorry. It was Commissioner Taylor's
time.
COMMISSIONER FIALA: Oh, was it really?
CHAIRMAN SOLIS: Yes, it was.
COMMISSIONER FIALA: Oh, I'm sorry. Excuse me.
CHAIRMAN SOLIS: I'm sorry.
COMMISSIONER TAYLOR: That's all right.
November 13, 2018
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CHAIRMAN SOLIS: And you're next. You're after
Commissioner Saunders. I'm trying to keep track of who's talking.
COMMISSIONER FIALA: Oh, I'm so sorry.
COMMISSIONER TAYLOR: But I did want to ask you a
question. What if we made the RFP for seniors in Manatee Park, only
for seniors? We can write this RFP any way we want.
COMMISSIONER FIALA: Well, you can, but I don't know that
-- I know we talk about seniors, but in our section of town, we don't
have a need for it because it seems that most of the seniors are already
in housing. We've even had, you know, feeding programs, but we
can't get them out to the park to use it.
Maybe there are seniors that need it elsewhere. But we do have
housing here, as I say, all of these things that I just named. The seniors
can go there, too. There's no restriction on age.
COMMISSIONER TAYLOR: I'm not sure I know what to
answer.
COMMISSIONER FIALA: Well, I'll tell you something else. I
talked with Nick Kouloheras one time when he was at the podium,
they want to build another Habitat Village over on Whitaker Road.
And I said, it's all seniors in there. Why not build a Habitat Village --
you remember that, Nick? Why not build a Habitat Village just for
seniors. That's the right price for those that, you know, are on a
budgeted income and so forth. Why don't you build it over there?
And at that time Nick said, well, we don't build housing for
seniors. But I've heard that they're thinking about doing it differently.
So maybe that will fill that bill.
COMMISSIONER TAYLOR: I think you need to talk to Dr.
Faffer about the need for seniors in this community. And I think
housing is a fundamental need no matter what part of this county you
live in. And the idea that a needy senior would not move to Manatee
flies in the face of reality.
November 13, 2018
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And I would remind you that the neighbors of Manatee Park did
not want baseball fields, did not want soccer fields, did not want
playgrounds at Manatee Park. They're talking about a garden.
So the idea that you need to have Manatee Park for children flies
in the face of the demands of the neighborhood surrounding it.
Thank you.
COMMISSIONER FIALA: Why don't you build some in the
City of Naples?
COMMISSIONER TAYLOR: We have no land, ma'am.
CHAIRMAN SOLIS: Are you finished?
COMMISSIONER TAYLOR: Yes, I am.
CHAIRMAN SOLIS: Okay. Commissioner Saunders.
COMMISSIONER SAUNDERS: Actually, Commissioner
Taylor -- this is not part of my comment, but I just thought of this as
you were being asked, why don't they build some affordable housing in
the City of Naples, the City of Naples actually could provide some
funds for building affordable housing outside the city.
COMMISSIONER TAYLOR: Or there's another area within the
city that I'm working on now --
COMMISSIONER SAUNDERS: Okay.
COMMISSIONER TAYLOR: -- to build.
COMMISSIONER SAUNDERS: That was just kind of a random
thought, because we could use some help.
I'm going to ramble a little bit and make a few comments that
may ultimately come together.
But we have in our one-cent sales tax a Workforce Housing Land
Trust Fund that will be funded up to $20 million, and that's certainly
going to give us some flexibility in terms of acquiring land and being
able to build workforce housing where we think it best should go.
I kind of envision workforce housing more as an infill than kind
of a stand-alone type of a project on a big parcel like the Manatee Park
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parcel.
The Bembridge parcel, I think, fits that category perfectly, that it
would be infill. It's in a good location. It's not going to have a
negative impact on any existing neighborhoods.
I also think that we have to be very careful about giving up our
park property. We may not see much of a need for that park. We may
have an excess of parklands today, but I don't think that's necessarily
going to be the case 20 years from now, so I'm a little cautious about
taking park property that people have relied on as they made their
decisions on where they want to live and then turning that into
housing.
I also took a look at the votes from the different advisory boards
that we have, and there was unanimity with AHAC and PARAB in
terms of the Bembridge property, moving forward with that. But there
was actually more no votes on the Manatee property than there were
positive votes.
So I think it's probably good for us to listen to our advisory board,
because their job was to try to find locations for workforce and
affordable housing, and they're basically saying no to the Manatee site.
I do have a problem with this 0 percent to 140 percent, and I
realize that we have a certain target, but I think we need to define what
that target is. You said -- I think you may have said perhaps it should
be 30 percent to 140 percent. At one point you said below 30 percent
to 140. That doesn't clarify anything. So I'm going to want some
clarity on that income level.
But I agree with Commissioner McDaniel that we should separate
these two, because they're two, really, separate independent projects;
take a vote on Bembridge, and then take a vote on Manatee. I would
certainly concur in that.
But I think that the good news is we don't have a crisis at this
point. We may get to that point. So I think we have an opportunity to
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kind of get our feet wet a little bit, if you will, with Bembridge, trying
to do a county public/private development partnership there with up to
84 units, see how that works, get the kinks out of the system, and then
start looking at other infill locations would be my recommendation.
So, Mr. Chairman, I support the Bembridge site going forward
with the 84 units or up to 84 units. I'm not going to support the
Manatee location at this point.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: You know, what I was going to say
-- but I don't want to argue or anything, so I'm going to skip it. Oh,
yeah. I was going to tell you all the existing places we have that aren't
on our calculated list, but I'm not going to do that. It's not important.
I agree with you, Commissioner Saunders. I think that that's a
good way to go, and I'll leave it at that.
CHAIRMAN SOLIS: The only comments I'd like to make is I
agree we need to listen to our advisory committees. That's what
they're there for. But as I've said in a lot of these situations in other
context, you know, having a discussion and looking into the
possibilities could lead to alternatives that we didn't even think about.
And just an invitation to negotiate process is that; it's looking into the
possibilities. Maybe there's some ideas out there for the Manatee site
that we hadn't thought about that would make sense. Maybe it's for
senior housing. Maybe it's something else.
I mean, I just -- I hate not to be open-minded when we're
discussing these things because things change, and there may be some
ideas out there that, you know, might be worth looking into.
So while I'm concerned about the amount of parkland as well, I
don't want to just foreclose the ability to have a discussion with
whoever would be interested in doing something on the site. And
maybe there's alternatives for using the site where it's not just a straight
line going north/south and this is housing and this is something else.
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So, you know, ultimately, it's going to come back to us, and we're
going to have to decide which one of these we would go forward with,
right? I mean, we're just talking about initiating a process to have
discussions with the companies or whoever showed an interest in the
properties, right?
MR. OCHS: Correct.
CHAIRMAN SOLIS: So I don't want to foreclose that at this
point. Ultimately we'll have to make a decision whether it's the right
thing to do, but there's no harm in, I think, going forward and at least
having a discussion. And I keep saying this on a lot of different things
that we look at. So that's where I am.
And, ultimately, it could be, you know, that the concerns about
parkland outweigh the housing issues. So that's all I'm going to say
about that, in the words of Forrest Gump.
COMMISSIONER FIALA: And I do have a question, if I may.
May I ask you, what is the name of that thing that they're building
right there on Thomasson? Something Sabal.
MR. GIBLIN: It's part of the Sabal Bay DRI.
COMMISSIONER TAYLOR: Springs.
COMMISSIONER FIALA: Thanks. Springs at Sabal.
MR. GIBLIN: Springs at Sabal Bay.
COMMISSIONER FIALA: Okay, fine. How many units are
going in there? Those are all rentals, right?
MR. GIBLIN: It's on our sheet. I can look it up.
COMMISSIONER FIALA: I don't know, maybe about 400 or
so, 450. So I didn't mention that those are also going in there.
Another thing is, on the Manatee property, I hinted at it earlier but
didn't get into it at all, and that is I got a call -- and I said something
about the Chicago company. They want to build 800 units on that
same road, Manatee Road. Now, of course, I don't know how they
could ever get 800 with all of the things that are going, but they
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certainly can't get 800 in this property.
Would you prefer to have them build it and leave this property
alone and let -- I don't know that they can get 800 in there. I don't
think the roads can even accommodate what's in there right now. You
have to look at Norm to find out for sure. But if it could, there's 800
homes that we could have right there on that same street along with the
498 -- or 493 that are going on that same street right now. You know,
you have to think about that, too. I mean, you can only fit so much
into that nutshell, and you're going to explode it.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Mr. Chairman, you
know, I applaud you for wanting to keep an open mind and give
consideration to alternatives that might be availed to us that none of us
have actually thought of. But I ask you to give due consideration to
the utilization of our staff's time. And it's -- why don't we discontinue
our efforts on the Manatee site for now, explore the Bembridge
property, see what type of alternatives that we get back from there.
And in the event -- if it is, in fact, successful and goes forward, then we
can -- if we have to explore the Manatee site in the future, fine, but I
see no reason for us to continue to expend staff's time, or advisory
committees' time on a piece of property that isn't really conducive for
this type of use.
COMMISSIONER FIALA: And that they can't build on for 10
years.
COMMISSIONER McDANIEL: That's a park. They could do
the housing.
COMMISSIONER FIALA: That's where they said, on that
property.
COMMISSIONER McDANIEL: I have to get my glasses.
MR. OCHS: Excuse me; what was that comment?
COMMISSIONER McDANIEL: I don't have my glasses on.
November 13, 2018
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MR. OCHS: No, I mean from Commissioner Fiala; that they
couldn't -- what couldn't?
COMMISSIONER FIALA: Oh. On our page here it says this is
not funding anticipated -- oh -- yeah, there is no funding anticipated to
be available for any development on the Manatee Park site for 10
years.
MR. OCHS: For the park.
CHAIRMAN SOLIS: Park.
MR. OCHS: To build the park, not that you couldn't build --
COMMISSIONER FIALA: Well, I'm looking at where it says
housing, so let me go read it again. If they said park, I'm sorry.
MR. OCHS: Yes, ma'am.
COMMISSIONER McDANIEL: That was what that was for.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: Let me make a question then a
comment.
Mr. Ochs, what is the underlying zoning on the Manatee Park
property?
MR. OCHS: I believe it's P, public use.
MR. GIBLIN: Public.
COMMISSIONER SAUNDERS: So it would have to undergo a
rezone.
MR. OCHS: Correct.
COMMISSIONER SAUNDERS: I don't think you're going to
have four votes to rezone that property.
MR. OCHS: It doesn't appear so.
COMMISSIONER SAUNDERS: So I'm not so sure that it would
make sense to have our staff spend time working on that initiative.
I'm going to make a motion to direct staff to move forward with
the Bembridge project, the ITN. As part of that motion, though, I'd like
something on the record as to what the income range will be that we're
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looking at. If it's 30 percent to 140 percent, that's fine, but I want
something definitive there as part of the motion.
MR. GIBLIN: Thirty percent to 140.
COMMISSIONER SAUNDERS: Thirty percent to 140 percent.
So, Mr. Chairman, I'll make that motion on the Bembridge property.
COMMISSIONER TAYLOR: I'll second that.
CHAIRMAN SOLIS: There's a motion and a second on the
Bembridge property. 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: Okay. Is there a motion on the Manatee
site?
COMMISSIONER FIALA: I make a motion not to approve.
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN SOLIS: Any other discussion?
(No response.)
CHAIRMAN SOLIS: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
Aye. Okay. There we have it.
MR. OCHS: Yes, sir. Before you leave that item, Mr. Coyman
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just wants to refresh the Board's protocol on these invitations to
negotiate.
Ted, real quickly.
MR. COYMAN: Commissioners, just quick. For the record for
my name is Ted Coyman, Director of Procurement Services.
Since the Board voted to move forward with the Bembridge
property, the Procurement Services Division will issue an invitation to
negotiate, which is very similar to an RFP. We're going to work
closely with Mr. Giblin and Ms. Grant on what constitutes a vision
statement for the property; that's the county's vision of what it would
like to see on that property.
And I just would like to remind the commissioners that you may
be approached by interested parties. Once we advertise it, I would
encourage you to direct any inquiries to my office to avoid any
appearance of a conflict or lobbying.
MR. OCHS: And that's part of your procurement ordinance. I
just wanted to make sure that if you were getting approached, that you
make sure that you refer those it Mr. Coyman.
MR. COYMAN: And we anticipate having this out fairly
quickly.
MR. OCHS: We'll notify you when we actually advertise. Thank
you.
CHAIRMAN SOLIS: Thank you for the reminder.
COMMISSIONER McDANIEL: Yes.
MR. OCHS: Mr. Chairman, I'm looking at our -- kind of our
roster of registered speakers. I see that most of the remaining registered
speakers are registered for Item 11B, although that wouldn't
necessarily be our next item in order. But if you'd like to take that item
to allow the speakers to speak and move on, we can certainly do that.
COMMISSIONER SAUNDERS: Mr. Chairman, I would
support that.
November 13, 2018
Page 154
COMMISSIONER McDANIEL: I would like that, too.
CHAIRMAN SOLIS: That would be a good idea, if that's the
bulk of the speakers.
MR. OCHS: Yes, sir.
Item #11B
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 MOVE
ITEM TO PRODUCTIVITY COMMITTEE AND WORK WITH
STAFF TO COME BACK BY THE FIRST MEETING IN
FEBRUARY WITH 3 SPECIFIC ALTERNATIVE SOLUTIONS
AND INCLUDES FUTURE ADVERTISING – APPROVED
MR. SOLIS: So item 11B was an item that was continued from
your October 23rd, 2018, BCC meeting, and this is a recommendation
to accept an update on the stormwater utility initiative and provide
direction to the county manager to develop a modified program for
future board consideration based on the recommendations that Mr.
Cohen will outline in the staff report.
MR. COHEN: Good afternoon. For the record, Thaddeus Cohen,
department head, Growth Management.
As the manager indicated, we were asked to come back after the
election and have a conversation going forward on our stormwater
utility and the update. I'll kind of briefly take us through where we are
currently. We manage stormwater for flood control, water quality, and
regulatory requirements.
November 13, 2018
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As was stated in our last time we've had a chance to meet, there's
challenges in our system. There's no question about the issues that are
faced; aging infrastructure, inadequate maintenance, lack of equity in
the current funding approach, and reactive in our program rather than
being proactive.
We have two levels of primary service. One is our system, the
day-to-day management to ensure the system is running efficiently and
effectively, and the other is our capital projects. So as we've been
talking with you, we've had these two pots of considerations that we've
been thinking in terms of how it is that we can take our guiding
principles, being more proactive: The cost of being able to go back
when systems start to collapse, and that's been an ongoing issue for us;
the size of our system and how it is that we can provide the resources
to be able to maintain that system; and then the fact that we're trying to
get to a level of service that's more closely aligned with the industry
standards.
And within that context, we also have our level of service, our
capital side, and you'll hear more about that as part of the AUIR
conversation. But we're basically having somewhere in the
neighborhood of $5 million per year. On our capital side, we have
$120 million of need that needs to be addressed, and we have a
shortfall.
Some of the things that we took from our takeaway from
September, the two meetings on the 6th and the 19th as well as in
October, is how it is that we're going to move forward to be able to
target our public outreach, bring in additional stakeholders. We're
talking in terms of having the possibility of meeting with the
Productivity Committee. We've done that initially to be able to get
some of their input, and then we heard from the CDDs that we need to
address some of the issues that they have being special districts with
how they manage their water. So that's one of the things we're here
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today to be able to ask you to allow us to go forward.
Other takeaways was for public schools and government
buildings, how those are assessed, the accuracy of our data. As you
know, we had that long tail for the driveways that we removed from
the process. We continually are starting to refresh that GIS
information so that we can identify issues as we move forward.
Another question was, how will the money be spent? One of the
questions that were being asked is, are we ready to go with the capital
projects? And we've been able to show those; being able to talk in
terms of some of the benefits that people have from the large lots.
So, again, key takeaways is commercial projects -- excuse me --
commercial properties, how we'll be able to meet with them and talk
with them about their maintained systems; similar with churches,
whether or not we can assist those because of the good services that
they provide to the community; and, most importantly, this dedicated
source of funding is not diverted to other projects or other types of
activities. The stormwater utility fee would be segregated, and that
would be a dedicated source of funding.
So what we want to be able to do is -- again, as we speak before
you today, is to be able to take that recommendation for the things that
we learned from where we are today, be able to continue our
community outreach, be able to talk in terms of reducing the tier
system, as we've indicated, make it a little bit more simple, add more
clarity to what it is that we're doing, be able to get input from our
stakeholders, and then be able to come back to you in February with a
recommendation on how to proceed.
That ends our presentation. That's where we were at the last --
just prior to the election.
CHAIRMAN SOLIS: Commissioners, do we hear from speakers
first, or do you want to ask questions of staff?
COMMISSIONER SAUNDERS: I think I'd like to, perhaps,
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kind of -- first of all, are there any speakers that are in support of
moving forward with this stormwater utility? Are all the speakers here
in opposition to it?
Mr. Chairman, I think that we might be able to shorten this
discussion a little bit. You know, I've kind of gone full circle. I'm
number three on the list here, so I can shut up and wait for my turn.
CHAIRMAN SOLIS: Well, actually -- well, the question was, do
we want to hear from the public speakers prior to commissioner
comments? Because you're actually second.
COMMISSIONER SAUNDERS: I was suggesting --
CHAIRMAN SOLIS: Commissioner Fiala was first.
COMMISSIONER SAUNDERS: I was suggesting, depending
on the consensus of the board, we may not need to hear from the
speakers if they're all here in opposition to this. That's why I said we
might be able to --
COMMISSIONER FIALA: I have just a couple simple
questions. Do you have a targeted amount of dollars you must receive
every year or not?
MR. COHEN: Yes. Currently we're around $15 million to be --
COMMISSIONER FIALA: Now, what are you hoping to derive
out of this?
MR. COHEN: On an annual basis?
COMMISSIONER FIALA: Yes.
MR. COHEN: Somewhere in the neighborhood of $15 million.
COMMISSIONER FIALA: Oh, okay. So then that's what you're
hoping to get out of this. Can you derive that -- I mean, do you have to
have that amount, or could you start off with what we began months
ago, which was a really simplified method of going about this and say
everybody just donate -- for all homeowners, it's $120 a year, period?
Now, and businesses, you have to figure out a fair figure for them.
Can that be --
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MR. COHEN: And the answer to that is yes. And part of, I think,
what we're asking for is the ability to have that conversation to do
exactly --
COMMISSIONER FIALA: Well, that's good, because it's so
confusing in here. Again, I thought, if you just make it simple and say
it's $120 for all single-family homes and it's $200 for all businesses
and, you know -- or whatever it would be, I don't know. I'm just
throwing things out. Make it easy.
MR. COHEN: What we're looking for is the ability -- with your
approval, is to have that conversation. So it's to be able to go out to the
commercial properties, see what it is that they have, and as you've
indicated, be able to come up with a number that's reasonable that gets
us to being able to meet the industry standards and to be able to handle
the capital projections we have at the same time.
So we're not sure exactly where that number is, but I think
allowing us to go forward and having that conversation, we'll be able
to get you to that number.
COMMISSIONER FIALA: Then the thing that confuses me --
don't forgot, I'm easily confused, okay. But here they have the credits
for things -- first of all, that's confusing to people. If you have so many
-- so much land, then you get a credit, and so much you didn't, and I
think it's more important for us as a county to make it simple. Straight
to the point.
MR. COHEN: And we've heard you, and that's part of what we're
working on currently is what you've just talked about, which is
simplification.
So I think part of what you would see when we come back in
February is a system that is still fair, that is simplified, and that is
easier to understand.
COMMISSIONER FIALA: Was it explained here? Because I
wasn't --
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MR. COHEN: It's not explained here because of where we left
was where we are currently. What we're asking is to be able to go
forward so that we can develop exactly what you're talking about.
COMMISSIONER FIALA: Okay.
CHAIRMAN SOLIS: Okay. Now, Commissioner Saunders?
COMMISSIONER SAUNDERS: Okay. I agree with
Commissioner Fiala that we need to keep this simple. And it seems to
me -- and I've kind of gone full circle. I had this conversation with Mr.
Ochs Friday that I was supportive of moving this forward to have the
conversation, but I think I've done a 180 on that. And I hate to do that
to staff because I've not had an opportunity, but I just kind of came to
this conclusion sitting here today.
The citizens of Collier County voted to levy a one-cent increase
in the sales tax. That's going to generate $420 million -- or $60 million
a year for the county for needed projects. Now we're looking at, well,
let's see if we can just charge single-family homes a certain amount
and charge businesses a certain amount but don't charge these people
because of the good work they do. That is just way too confusing.
It seems to me that this should be funded in our valorem taxes.
What levy of ad valorem taxes would it take to generate $15 million a
year, just estimate?
MR. OCHS: Quarter mill.
COMMISSIONER McDANIEL: Yeah, .25, Commissioner
Saunders.
COMMISSIONER SAUNDERS: .25. And I'm not suggesting
that we have a .25 millage rate for stormwater to generate that 15
million, but we need to generate a certain amount of money to do
maintenance and keep ahead of the game. I don't know that it needs to
be $15 million a year. But I think my view is, it's much more simple if
we just put this in our ad valorem taxes at this point and not try to
figure out some sort of a stormwater utility, because there are going to
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be people that are going to -- you're going to have CDDs that are going
to be unhappy about -- no matter what you do. Charging our residents
another $120 a year when they've agreed to pay the one-cent sales tax,
I think, is a mistake.
And so my view is, let's shelve the stormwater utility. Let's talk
in terms of using ad valorem taxes for stormwater since we have the
sales tax revenue coming in. That's why I said, maybe if there's a
consensus, we don't need to hear half a dozen people say that they
don't want us to move forward if there's a consensus not to move
forward right now.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: I'm number three or four.
CHAIRMAN SOLIS: You're --
COMMISSIONER FIALA: Up next.
COMMISSIONER McDANIEL: I'm off the list. Yes.
CHAIRMAN SOLIS: Sure.
COMMISSIONER McDANIEL: To say it quite simply, I am not
in favor of this initiative at all. I think management of the funds that
are requisite for what we have going on need to be managed in a
different manner. And I am not in favor of -- so deferring it for
another year or continuing it on for a further discussion of an inclusion
in the current ad valorem or an increase in ad valorem are all getting to
where I ultimately would prefer to see us go.
I concur with both of you in that the complexity with this current
utility is ludicrous. And I've followed it. I've watched it. I've tried to
understand it. And it's -- it goes around -- without any deference to our
staff or the consultant. I mean, they've worked extremely diligently to
develop this, to come up with this, to make it as fair of an initiative as
is possible, but the complexity is just -- it's just far too much.
I mean, there are alternatives if, in fact, you folks believe that a
utility is the path -- that a fee is the path that needs to be traveled, there
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are alternatives to satisfy this. But the current -- this current system is
just far too complex.
MR. OCHS: And we acknowledge that, sir. That's what we're
asking the opportunity to simplify.
CHAIRMAN SOLIS: Simplify.
MR. COHEN: And one of the things, if I may, is to provide
you-all with options.
COMMISSIONER McDANIEL: Can I ask a question, Leo, Mr.
Ochs.
MR. OCHS: Sure.
COMMISSIONER McDANIEL: Why haven't you just done
that? It's been -- it's been mentioned to you, to us for months and
months and months that this system that's been brought forward is --
UNIDENTIFIED SPEAKER: Garbage.
COMMISSIONER McDANIEL: Well, I'm not going to say that
out loud on TV. So why are you asking permission to do something
that just makes sense?
MR. COHEN: Well, because that's where we are. After our last
meeting -- what we heard after that presentation that we gave the last
time was simplification, being able to talk to the Productivity
Committee. We were given directions to be able to move forward but
to come back to you to be able to outline what our steps would be.
So here's where we are. So we're saying, if you let us do this,
then what we would do is take a look at ad valorem, take a look at the
fee, because we're trying to see if there's an opportunity to provide a
mix of funding mechanisms to be able to have a dedicated source. We
understand your concerns of how we could manage this slightly better.
The question, are we ready to go with our projects? How can we
be able to ensure that we have some level of stewardship of those
dollars? Being able to move through this process, we can identify that
simplification, eliminating the credits, having meetings with the CDDs.
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So you asked us to come back before you with what our game
plan would be. We're showing you that game plan, and we're
providing you with those timelines. So that's the reason why we
haven't shown you a document at this point that says here's how we're
going to address the issues that you have. We had to come back and
ask you to allow us to go forward and do that.
COMMISSIONER McDANIEL: You brought up a good point.
And I forgot to mention this. I am the liaison for the Productivity
Committee, and they formally asked me to ask you, the Board, to give
direction to our staff to allow them to be the public liaison. We don't
have to appoint a new advisory committee or anything. They would
explore these alternatives with our staff and bring it back to us. That
was a month or so ago --
MR. COHEN: Correct.
COMMISSIONER McDANIEL: -- that they asked that. And I
have it in my notes, but I forgot about it. Thank you.
MR. COHEN: We try to help.
COMMISSIONER McDANIEL: Yes, sir.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: It is my turn.
So I think, perhaps -- February is what? December, January,
February. So we've got five meetings, maybe five meetings, right?
One in December, two in January, two in February. So, really, four
meetings, and then we either put this to bed or bring it forward. But
maybe we just need to go back and see if we can make it right. And
maybe we can't. But let's give it a shot, I think.
And, yes, it's staff time but, frankly, staff are the ones who are
taking the calls for people that are flooding and have had tremendous
damage in their homes, and it's not just in my district. In Logan
they've had terrible trouble. Up in, I think, Chairman Solis' district,
they've had a lot of flooding. Flooding everywhere.
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COMMISSIONER McDANIEL: If I may, if you're looking at
me when you're saying that.
COMMISSIONER TAYLOR: I am.
COMMISSIONER McDANIEL: This is very similar to the
housing initiative. The discussing is not about need. It's about the
prioritization of the expenditures. I have a simple question. How
much money did our Tax Collector hand us today?
COMMISSIONER FIALA: Eight million dollars.
MR. OCHS: Eight million.
COMMISSIONER McDANIEL: What are we going to do with
that?
MR. OCHS: Whatever you want to do with it.
UNIDENTIFIED SPEAKER: Spend it on the stormwater.
MR. OCHS: It's part of budgeted --
CHAIRMAN SOLIS: Sir, I think you've signed up, so please,
you're not by the microphone.
COMMISSIONER McDANIEL: And, Commissioner Taylor,
those are the discussions that I would like to have as far as what the
prioritizations of what we do with the available funds that we, in fact,
have.
It's a discussion point that should be addressed. Last year the Tax
Collector handed us a check for close to $6.2 million, similar time
frame. Those are discussions that I would like to have as alternative
sources to support this need.
The argument isn't the need. You've -- you well established that
back in February when those folks came forward and showed those
things. The discussion -- it's not an argument. The discussion needs to
be how we support the need, and that's -- and there are many
alternatives to support that need that don't require raising taxes.
MR. OCHS: Commissioner, I just need to clarify. All of the
turnback revenue that comes annually from the constitutional officers
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is part of your budget. It's budgeted revenue. It's not found money.
CHAIRMAN SOLIS: It's not found money.
COMMISSIONER FIALA: Sounds found to me.
COMMISSIONER McDANIEL: Thanks for the clarification.
MR. OCHS: You're welcome.
CHAIRMAN SOLIS: Commissioner Fiala, you put your button
on, but I haven't -- everybody's gone, and I'd like to say a few things --
COMMISSIONER FIALA: Sure.
CHAIRMAN SOLIS: -- because I think it's important to -- in my
own internal deliberation on this thing, is to go back to where we
started. Prior boards, prior to this board, other than, I think,
Commissioner Fiala, came to the conclusion that creating a stormwater
utility was something that was really important. Was that an
overstatement? Right? I mean, this is something that's been discussed
by numerous commissions that's of vital importance to the community.
Not having a functioning well-maintained system, in my view, is
not an option. It's just -- you know, we were lucky with the hurricane
that we didn't have the kind of flooding that was anticipated.
So, you know, we have to do something. Whether it's a fee or an
ad valorem increase, I mean, it's an increase. I mean, I'm not sure how
-- one or the other. But I think that, again, letting the staff go forward
and do an analysis, it may be that it's not as simple and it can't be as
simple and we end up with an ad valorem, you know. I hope not, but --
because I don't think that's the fairest way of doing this, and that's what
has been recommended to us.
So, again, we told the staff to come back to us. If they were to get
permission to go forward and try to make this simple, address the
concerns that came out of the last set of hearings in the marathon
hearing and further discussion with the community --
COMMISSIONER TAYLOR: When you were in a bar.
CHAIRMAN SOLIS: Right -- I was not in a bar. I was not in
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Ireland, and I was not in a bar. I just want to clarify that.
COMMISSIONER TAYLOR: I'm teasing. He wasn't. He was
really sick.
CHAIRMAN SOLIS: I wish I would have been in a bar.
COMMISSIONER McDANIEL: Pretty funny.
CHAIRMAN SOLIS: But, again, I just thing we've asked the
staff to do their job. We need to let them do it. Ultimately, the policy
decision's going to be up to us. But, again, we can be foreclosing a
discussion that may lead to something that is meaningful and will work
for everybody. And I just -- I'm not in favor of precluding that. So
that's all I'm going to say about that.
COMMISSIONER McDANIEL: Another Forrest Gump.
CHAIRMAN SOLIS: Right. Commissioner Fiala.
COMMISSIONER FIALA: I love the idea about the Productivity
Committee, and maybe staff can work with the Productivity
Committee. Sometimes studies -- studies leave questions in your mind
as to how the figures were derived. So maybe working with the
Productivity Committee and they working with staff as they're putting
this together -- and then when -- as they're working and deliberating,
then it's open to the public, so the public can also participate. You get
that all taken care of, and then you bring your final conclusions to us,
you know, blessed by the Productivity Committee, and maybe we can
move forward then.
That's it. I'm done.
CHAIRMAN SOLIS: And I would just like to add that if the
pleasure of the Board is that the Productivity Committee be assigned
this, we need to do that. Because the way the productivity ordinance
reads is that they're going to review departments and things as directed
by the Commission.
COMMISSIONER McDANIEL: That's correct.
CHAIRMAN SOLIS: So I think if that's the pleasure of the
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Board, I'm -- I'm not so sure that that's the right place for this to be, but
if that's the pleasure of the Board, I think we need a motion to
officially direct them to do that as opposed to -- and we need to frame
what they're supposed to be doing clearly.
COMMISSIONER FIALA: As soon as we hear from the
speakers.
COMMISSIONER SAUNDERS: Mr. Chairman, just one last
comment. Life is like a box of chocolates; you never know what
you're going to get. Unfortunately in Collier County, I'm afraid people
are getting tax increases in their chocolates.
And we did the tourist tax, we did the sales tax, and I -- quite
frankly, I was pleasantly -- not surprised, but very pleased that that
passed. And we have not gone back to the rolled-back millage rate for
the two years that I've voted on the budget. We've stayed at the same
millage rate. So that's a tax increase.
I think it's time now for us to not look for a new revenue source
for this type of a project. We need to do more for stormwater, there's
no question about it, but I think that's a matter of prioritizing the
revenues that we're getting.
And so that's why I'm opposed to moving forward. I have no
problem with the Productivity Committee taking a look at stormwater
and how to solve our stormwater issues from a financial standpoint,
but in terms of do I want to move forward with a stormwater fee? I do
not. Even if the productivity came back and said -- committee came
back and said, let's go forward with the stormwater fee, I probably
would oppose it at this point because I think there's some -- you know,
I hate to say it, but I think our citizens are starting to get a little
fatigued with tax increases, and this is just another tax increase.
And if we want to find a way to fairly fund stormwater without
getting into this church did good things, we're not going to assess
government buildings, you know, all of those types of issues, they just
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all go away if we just pre -- prioritize some of our tax revenues. That
way everybody's paying their fair share, because that's the way our tax
system is set up. So I'm opposed to moving forward with the
stormwater utility at this time.
COMMISSIONER FIALA: I have a question. Have we --
because we've had some tough times with hurricanes and helping our
neighbors out as well, hurricanes and so forth. Have we had to
cannibalize the stormwater fee to a point where if we didn't do that
anymore it would give us a sufficient amount of income?
COMMISSIONER McDANIEL: Absolutely.
MR. OCHS: Yes. Ma'am, there's never been a stormwater fee,
first of all. You've funded your stormwater program out of your ad
valorem revenues. We had a target for up to .15 equivalent millage to
try to fund our program --
COMMISSIONER FIALA: That's what I meant by the fee. I'm
sorry.
MR. OCHS: -- but when we got into the recession, and since
then, we haven't raised -- we haven't allocated that kind of revenue
against the program. So that's been the problem.
COMMISSIONER TAYLOR: And I would remind everyone
that during the recession -- and I wasn't here but, Commissioner Fiala,
you were -- we reduced the ad valorem. We didn't raise it.
COMMISSIONER FIALA: We kept the same millage rate,
right?
COMMISSIONER TAYLOR: No, it dropped. We rolled it back
one year. One year we did.
COMMISSIONER FIALA: Oh, I see. I've forgotten that. I
thought we just kept the same millage rate forever, for at least many,
many years.
COMMISSIONER McDANIEL: In 2010, I believe it was.
COMMISSIONER FIALA: Oh, well -- okay. Eight years ago.
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So about that.
CHAIRMAN SOLIS: Commissioner McDaniel, did we want to
hear from the public speakers, or do you want to go ahead and make
your comments?
COMMISSIONER McDANIEL: No, I'll be happy to hear from
the public speakers.
CHAIRMAN SOLIS: Assuming they still want to speak.
COMMISSIONER McDANIEL: Or I can make a motion if you
want me to.
COMMISSIONER TAYLOR: You've been here all day.
MR. HOOLEY: I'd like to speak.
MR. MILLER: I'll be ready to run through this list.
CHAIRMAN SOLIS: Mr. Hooley wants to speak.
MR. MILLER: Ron Albeit. I don't think all of these people are
going to be here.
Rae Ann Burton?
COMMISSIONER McDANIEL: She's gone.
MR. MILLER: Garrett Beyrent is here. He'll be followed by
James Lamboy. James Lamboy.
MR. LAMBOY: Here.
MR. MILLER: So you'll be our second speaker. If you could
wait at this podium.
MR. BEYRENT: Okay. For the record, I'm Garrett Beyrent.
And the problem I have is that I'm wondering where these
initiatives come from. It's like staff brings up a proposal and says, I
would like you-all to approve the vacation of this easement across the
middle of my property. Wow. Well, nobody bothered to tell the
property owner, and it's a headache for me. Just like the initiative,
where is South Florida Water Management in this?
The initiative that you're proposing that I know nobody wants
anyway, but is it even legal? I mean, is it -- we've got this nightmare,
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all this green algae growing in canals because we have way too many
nutrients in water because the water's not flowing out into the Gulf of
Mexico the way it used to because we've got too many golf courses, 93
golf courses. And I question the whole idea of funding a source that I
don't even know if it's legal or not.
So I thought maybe you might want to suggest that Jeff Klatzkow
looks into the legality of this whole initiative and water management in
general related to the guidelines of South Florida Water Management
and what the responsibility of the state is. That's just my opinion.
Thank you.
CHAIRMAN SOLIS: And I'll just point out that -- and this is an
interesting point, because this kept coming up in the first discussion,
that this was something that, essentially, the County Commission is
inventing. This is a statutory provision. I mean, the legislature set up
stormwater utilities.
MR. BEYRENT: Right.
CHAIRMAN SOLIS: We're not thinking this up.
MR. BEYRENT: See, I'm thinking --
CHAIRMAN SOLIS: This was created by the legislature.
MR. BEYRENT: I'm wondering, every time I turn around it's
like, hey, the staff suggested that we should study this, and it come
back and all of a sudden I'm looking at a project next to me that's
denying me access by cutting out a 200-foot stretch of a road easement
that gives my project direct access to Santa Barbara Boulevard. And
this kind of stuff is, like, coming up in front of you, and I'm just
wondering where this came from. All these consent-agenda items and
items that pop up that are suggestions, all of a sudden they're, like,
laws.
And I'm looking at a piece of property I don't have access to
anymore, like a tower site I'm working on. And it's kind of like I'm
wondering where the legality at is relative to surface water
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management in general. And this stems all the way back to my first
lawsuit when I sold the Lakewood division to U.S. Homes where they
came back and sued me because I was developing the Glades, and they
wondered, where's the water going? Is it going to be backed up all the
way to 951 from the Haldeman River?
And that's actually what happened. We had to put weirs
everywhere, and the whole water management issue went south, and it
sounds like the same repeat of what I went through back in 1974 when
the sewage was backing up in Lakewood Boulevard because they had
water issues. It's kind of like, who's in charge of this program? You
know.
And I'd like you to just -- my suggestion was just ask the County
Attorney whether or not it is the responsibility of the county to even be
involved in this when you have South Florida Water Management.
Thank you.
MR. MILLER: Your next speaker is James Lamboy. He'll be
followed by Tommy Turner.
MR. LAMBOY: Good afternoon.
Commissioner Saunders and McDaniel had brought up a couple
of interesting points, and I think I'll get back to them in a moment.
But I think what you have here is -- when Commissioner
Saunders mentioned, should we be going forward, are people opposed,
I think the need is very important, and I don't think there's a -- I think a
lot of the negativity that's occurred so far has been about the design of
the system and what's been presented up to this point. An awkward
start was certainly that letter in August.
But that being said, I don't think there's quite as much of an issue
about the need for this. And, again, you all seem to be in that same
vein.
But you have opposing issues here. I hear one commissioner
saying they want it simple, and then there's a -- if you're going to go
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with the idea of a utility, it needs to be fair and equitable.
So if you want simple, perhaps it should be done in the ad
valorem taxes or in some other fashion. If you want something that is
more responsive and looks at the total system, then you need the
utility.
Now, Commissioner Saunders again mentioned there's a certain
level of fatigue. Layering taxes might not be quite as appealing to a
number of the constituents out there.
So, again, I think it's -- there's a need. I don't think there's a --
there's not going to be a vast argument about that, but you do need to --
you know, if you want simplicity, perhaps ad valorem taxes is what
you should be looking at, and that's the guidance you should be giving
to the staff.
If you want a fairer system that really responds to what's going on
out in the community and the county, then you need a little bit more
elaborate and perhaps confusing system.
Thank you.
MR. MILLER: Your next speaker is Tommy Turner. He'll be
followed by John Hooley.
MR. TURNER: For the record, I am Tommy Turner. I'm from
Naples, been here all my life, born and raised here; been here about
60-some years.
My thing is they're talking about stormwater. What are we -- what
stormwater? Are we talking about when the tropical storm comes by?
The hurricane comes by? The natural water fall that we get on a
regular annual basis for rainfall?
Naples and Collier County has been able to handle annual
rainfall. And I don't care where you go at in Collier County, when we
get bad storms, there's areas that congregate massive amounts of water.
Good example of it, I was born in the '50s, growed up down on
10th Street. That section of the road still floods today. The city's
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collected tax money ever since they've encrypted (sic) that. They have
never been able to handle it. They have alleviated it some. Still going
to have flooding down on Central Avenue. You're going to have
flooding on Gulf Shore. You're going to have flooding down in
Gordon Drive.
The city still collected that money and still haven't alleviated any
of the stormwater; if that's what you want to call stormwater. I don't
know what we're classifying stormwater as. Are we talking about
when the hurricane comes by and we get a massive amount of water?
And until the Gulf of Mexico recedes and goes down five-and-a-half
feet, it won't take and pull the water out. If the tide's high -- that's why
they talk about storm surge; it's because whenever the ocean and the
Gulf of Mexico is up high and the wind comes in and we've got a
driving northeast wind, it will blow five to six or seven or eight feet of
water up on onto Collier County, all the way to Immokalee if possible.
I don't know that cleaning out an 18-inch culvert's going to help
in Golden Gate City, because there's only a few places the water can
travel, and it's all got to go west or south. And the only other thing you
can do is lift up all the roads, take and make a throughfare with canals
all the way to the Gulf of Mexico starting with Pine Ridge Road, go
down to Vanderbilt Beach Road, take Golden Gate Parkway, and then
just come on out to Davis, and then run 951 on into the Gulf of Mexico
and just put all the roads up above it and just make that thoroughfare
canals, because that's the only way you're going to alleviate all the
water that's going to be contained in Collier County at one time.
And we get hurricanes, and we get storms, and I've seen them
over the years. I've seen bad storms in the summertime. I've seen
some northwesters come in and flood the Moorings. Back in the '60s,
we'd get that. Then they'd run out and get some rocks and put them
around Doctors Pass and try to keep the water from going back in
there, and then the city would take all the equipment, run it in salt
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water, and then we'd need new equipment about two, three years later
because the salt ate it up.
So I don't know if we're talking about massive amounts of
stormwater or if it's regular maintenance that the county is talking
about needing to do with our storm drainage ditches or what it is. But
I'd like a clarification on what we're talking about stormwater.
Because if you're talking about coming from a hurricane or a
storm or an out-of-the-moment storm that comes out of the Gulf of
Mexico and pushes a lot of rain on us, I don't know that there's
anything the county can do with that. And I don't know how much
money we need to maintain what we've got, but I know that a lot of the
citizens aren't in for any more tax money. They're not in for getting
another bill from the county for anything other than regular
maintenance. No different than they've done with the --
CHAIRMAN SOLIS: Thank you.
MR. TURNER: -- garbage. I'm sorry I went over my time.
MR. MILLER: Your next speaker is John Hooley. He'll be
followed by Martha McKee.
MR. HOOLEY: I've got an additional three minutes that's been
ceded to me by Ms. Alderuccio. So before you start the thing --
MR. MILLER: I just -- she did not indicate that on her slip, but I
do have your slip. You'll cede your time?
MS. ALDERUCCIO: Yes.
MR. MILLER: Thank you. You are ready to go.
MR. HOOLEY: Well, you know, I was here last October, and it
just seems like yesterday where you kept me here late, but I'm going to
go over the same stuff, okay?
Now, my commissioner is Burt Saunders, and he's right. This
should be -- you're my commissioner?
COMMISSIONER McDANIEL: You just can't vote for me.
MR. HOOLEY: I can't vote for you. Okay, fine.
November 13, 2018
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So here's the deal, okay. We pay our taxes for seven basic things:
Those are law enforcement, fire protection, health services, traffic
operations, building and zoning, courts and recording, and stormwater
management. This is why I pay my taxes. This is why everybody
pays their taxes. And now you're going to tell me that you're going to
give me a utility called stormwater.
I don't care what Commissioner Solis says about it being
mandated. Everybody in the room knows that you're calling it a utility
to make people think that it's, you know, fair, but it's not fair.
But I'm not going into the -- I've got a -- I sent a report. But if
you'll look over there on the screen, you're going to see that the Stantec
report gave you what was allocated for stormwater management. So
you can see that in 2008 and '9, you were up to $13 million, okay.
So as Ms. Taylor said, we had to cut back in 2010, and you did.
You cut back to about 10 million. But in the last -- since 2011, so for
the last seven years, you have cut it in half. You've got six million.
You've taken seven million every year out of stormwater management.
Now, I've got no idea why you did that, but it seems to me that
you should be able to get it back up to the 2008 level without any
change in anything. So that's my initial irritation.
So then we're talking about crisis. Yes, it is a crisis. Stormwater's
a crisis. You know why it's a crisis? Because the county has ceased to
fund it. And when I looked at the Stantec report, I just went nuts, so I
had to sit here and talk to you guys.
So here's the deal. If you look at the next page, you're going to
see up at the top in the '16/'17 budget, you guys had put in $926,000
for maintenance, and six million, almost seven million for capital
projects. Well, guess what? In 2017, you took everything but $42,000
out of stormwater maintenance.
I've seen the pictures up there. You've got to clean those things
out, right? What have you got for 42,000? Two guys with shovels and
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a pickup truck. Really?
COMMISSIONER SAUNDERS: One guy.
MR. HOOLEY: One guy. One guy. So, you know, I know
what's going to happen. You know, in 2019, we're going to have a
storm, and the roads are going to be flooded, and that's really what
you're trying to do. You're trying to take care of the flooding off the
roads, and that's why -- how it's historically been held. But then you're
going to say, oh, my God, look at how bad stormwater is. Yeah,
stormwater's bad because the county has not funded it. It's a crisis
that's been manufactured in order to get us to pay a utility bill that we
shouldn't have to pay because it's your job to take care of that stuff for
us, and I don't think you're doing it. Okay.
So let's go take a look at the other thing before we go back.
What's my last one there? If you think that's bad enough, I've got the
second to the last page, stormwater operations for next year. Do you
remember that $42,000? It goes down to $10,200. And if it didn't get
one guy with a pickup last year, I've got no idea what type of
maintenance you're going to do for $10,200, really. It's amazing.
Oh, and you've got 20,000 for capital budgets. It goes up from
6,000, but you've got to realize that that 20,000 is based on the county's
projected income from your utility charges to us. I'm really unhappy
about that.
And I know that the CDD -- the districts are going to sue you.
The districts are going to sue you because they've already charged
everybody to maintain the stormwater on site. I live in one. We have
preserve areas that keep the water there. We have swales. We have
lakes. We don't want to pay for it twice. And since we're charged with
maintaining it as well -- you know, Burt Saunders is right, this needs to
be in your regular ad valorem assessments.
Don't try to come back and tell us you're doing me a favor by
taking care of the stormwater when Hurricane Irma comes down. I'm
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going to tell you that it's really your job. It's really the county's
responsibility to take care of that. And don't send me a bill at the end
of the month.
Thanks.
COMMISSIONER FIALA: Could you give us a copy of this
report?
MR. HOOLEY: I have emailed one to everybody, but I brought
extras just in case.
COMMISSIONER FIALA: Oh, good.
MR. MITCHELL: Your next speaker is Martha McKee. She
will be followed by Steve Gafford.
MS. McKEE: Good afternoon. The first thing I think I have to
say is I pride myself on being a pretty patient person, but I've got to
give it to you guys. This is an ultimate test of patience today.
And I am pretty much going to say in a much simpler form what
the gentleman just said. But we assumed when you said you were
tabling it for a year that there was going to be a year not, like, a month
until somebody came back with another plan.
So, yes, public input is important, and this is, I guess, the time for
it. Here's my public input. You can't squeeze blood from a turnip.
And your constituents who are middle-income people and on fixed
incomes are the turnip.
Stop. I agree with Mr. Saunders and Mr. McDaniel, please, make
a motion and table this. Get rid of it now. Instead of forcing us to
break our budgets, why don't you adjust yours, which is really our
money, but adjust yours.
Now, I'm quoting from Brent Batten today. I hope he's not
misquoting our County Manager, but the exact quote is, "Property
taxes don't deliver enough money for storm management." And I'm
saying, it's your job to make sure that they do if you prioritize
differently.
November 13, 2018
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Thank you.
MR. MILLER: Your next speaker is Steve Gafford. He will be
followed by Dawn Smith.
(No response.)
MR. MILLER: Mr. Gafford?
(No response.)
MR. MILLER: Dawn Smith?
(No response.)
MR. MILLER: Michael Ramsey?
(No response.)
MR. MILLER: I don't think -- I don't believe these people are
present, sir. Oh, wait. Michael Ramsey. There he is.
MR. RAMSEY: Oh.
COMMISSIONER FIALA: He always walks in the room like
that.
MR. MILLER: Very Kramer like.
MR. RAMSEY: Good afternoon. Michael Ramsey, president of
the Golden Gate Estates Area Civic Association.
As usual, this is a very interesting topic. And, again, we'll come
back -- and the conversation today has been interesting. I do believe,
as Commissioner Fiala said, let's keep it simple, and I think the other
recommendation is to table it and look at it.
So I'm not going to say much more than that about it. The
recommendation from Commissioner McDaniel, I think, we should
follow through on that. Thanks.
MR. MILLER: And that is all of our public speakers registered
for this item.
CHAIRMAN SOLIS: Mr. McDaniel.
COMMISSIONER McDANIEL: Yes, yes, yes.
Well, I'd like to -- I've been making some notes here, and I was
listening to our public speakers. The discussion, the argument -- are
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you okay, Mr. Chair?
CHAIRMAN SOLIS: I just realized that we're way over for
another break for the court reporter. But go ahead. I was getting a
signal from her.
COMMISSIONER McDANIEL: Well, let's take a break, and
then I'll give my comments, and then I'll be better prepared to
elaborate. That's a big word. Did you get that all written down? Are
you ready?
Okay. Well, I'm going to make a motion after I'm done spewing.
So the bottom line is the discussion here, the argument here is not
the need. The need, as I said earlier, was established back in the
spring. You with me, Commissioner Taylor, or where you going?
COMMISSIONER TAYLOR: I have a question here of staff.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SOLIS: Go ahead.
COMMISSIONER McDANIEL: I am going to go ahead.
The need has been created by our predecessors in the budgetary
expenditures of the then available funds that Collier County has had
available to expend. One of the public speakers shared about the
cannibalism of the stormwater funds. You asked about that.
You were participatory in that by receiving direction from those
that had the available information in making determinations as to
where the priorities of the community's expenditures were. The need
has been created. The deficits in the capital and maintenance program
have been created by the decision makers that preceded us as a County
Commission. The need's not the argument. The discussion needs to be
how is to satisfy the need.
Now, with regard to that, to coin Commissioner Solis' phrase, in
an effort to not foreclose any alternative that might be availed to us, I'd
like to make a motion that we move this item to the Productivity
Committee to come back to us by our first meeting in January, which I
November 13, 2018
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think is -- I know we only have two meetings, but by our first meeting
in January, and come back to us with three specific satisfactory -- or
satisfactions to this need that is -- that is existent within our
community. Is that specific enough of a motion, Commissioner Solis,
to --
COMMISSIONER FIALA: Yes.
CHAIRMAN SOLIS: I think it is, although I think the staff has
to be involved in that.
COMMISSIONER McDANIEL: Well, yes, of course. I mean, in
an effort to not foreclose the issue, move and direct staff to engage
with the Productivity Committee and bring back three alternatives to
satisfy this need by our first meeting in January.
COMMISSIONER FIALA: Second that motion.
MR. OCHS: Sir.
CHAIRMAN SOLIS: There's a motion and a second. So now
there's discussion.
COMMISSIONER SAUNDERS: You want them to come back
with three alternatives. The agenda item was to develop a modified
program for the future. So your motion does not involve developing a
modified program, I don't believe, but you're asking them to come
back with three alternatives, and --
COMMISSIONER McDANIEL: And I would like to --
COMMISSIONER SAUNDERS: I'm not sure you can invent
three alternatives if you leave out the stormwater utility. What other
three alternatives can you come up with? We're asking the
Productivity Committee to do something that I'm not so sure is
possible.
COMMISSIONER TAYLOR: Well, we'll find out if they do it.
COMMISSIONER McDANIEL: Yes. And I was just going to
say, I mean, I don't know that you want to necessarily have that
discussion right now. I mean, we can talk about -- I mean, I concur
November 13, 2018
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with you in that I think it's high time for us to be adjusting our
spending habits. I think it's high time for that. But in an effort to work
with Commissioner Solis and not foreclose an alternative for this real
live need, that the Productivity Committee is a palatable path for us to
travel to find -- come up with an alternative other than what's been
suggested so far with this utility.
COMMISSIONER SAUNDERS: So just so I understand the
motion, because we're getting ready to vote on this, and I want to make
sure I understand what I'm voting on, this motion does not include
directing the Productivity Committee to come back with an alternative
that may include a modified stormwater utility?
COMMISSIONER McDANIEL: It could. I didn't specify what
three alternatives they brought forward. It could be a modified utility.
It could be a flat fee structure. It could be an adjustment to the current
ad valorem expenditures on how we're managing those.
COMMISSIONER SAUNDERS: And, Mr. Chairman, just for
the record, I'm going to vote against the motion because I don't really
fully understand it, but I -- you know, the issue here is whether or not
we want to develop a modified stormwater utility program, and I think
we need to put an end to that conversation. This does not do that, so
I'm going to vote against the motion.
CHAIRMAN SOLIS: Okay. I believe the County Manager
would like to make a comment.
MR. OCHS: Just two things, sir. I wanted to clarify for the
record, that your 2019 budget, current year, contains $8.1 million for
your stormwater management program. About 3 million of that is a
replacement capital, a repair of failing capital for the stormwater
system, and the balance is for ongoing maintenance. So this notion
that there's $10,000 in the budget for stormwater is incorrect.
COMMISSIONER McDANIEL: And, again --
MR. HOOLEY: Bullshit.
November 13, 2018
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COMMISSIONER McDANIEL: And, again, I wasn't making
my suggestions based upon public comments, sir. I have been looking
at these numbers. I've been looking at the budgeted amount that we
do, in fact, appropriate out of our current ad valorem and the system
that we have in place.
So I was the one that suggested in September at the budget
hearing that we continue this for 12 months, and as an explanation, the
12-month continuance doesn't mean we set it aside and don't work on it
for 12 months. In order for staff to be able to have this in -- if, in fact,
a utility does become our decision, this has to be part of the budget
initiatives that come to us from staff in March, and then we vote in
April, and then we have our budget workshops in May, and then we
actually set our ad valorem rate along with the fee structures in the first
meeting -- only meeting in July.
So this is -- this is a part of the system that is currently in place for
us to be working on this. So just to reiterate the actual system that's
going on here, just because we deferred it in September for 12 months
doesn't mean we don't have this conversation.
I do concur with you, Commissioner Saunders, that -- and for
those that have read the Naples Daily News, I'm the one that spelled
the word "fee" t-a-x back when they started talking about this back in
March and April.
So I'm not -- I don't want to foreclose an idea that might be out
there that we haven't yet explored. It might be that we end up not
taking any of the suggestions that come from the Productivity
Committee. My suggestion is to let them engage with -- or staff
engage with them and come back to us with three specific alternatives
or methods to support the need.
I think we all agree there is no argument about the need. The
need's real. So supporting that is the path that I'm looking to go to,
so...
November 13, 2018
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MR. OCHS: Mr. Chairman, my only other point was on the
motion, would it be possible to do that in the first meeting in February
instead of the first meeting in January?
COMMISSIONER McDANIEL: I'm fine with that.
MR. OCHS: Given the holidays --
COMMISSIONER McDANIEL: I picked January just to --
MR. OCHS: -- and getting some of these committees together
may be a little difficult to have it by the first.
COMMISSIONER McDANIEL: I'm totally fine with that. I
think that certainly gives us time to review, ascertain, and then have it
in March for the --
MR. OCHS: And that will be in advance of your budget
guidance, so you'll have that all in advance of that.
COMMISSIONER McDANIEL: Correct. February's fine.
MR. OCHS: Thank you, sir.
COMMISSIONER SAUNDERS: And, Mr. Chairman, I'll
support the motion, but I'm just going on record that if that
recommendation is to come back with a stormwater utility similar to
anything that we've talked about, I'm not going to vote to do that.
CHAIRMAN SOLIS: Understood. So on the Board -- okay.
MR. OCHS: Forgive me. Again, part of the presentation last
month when we brought this forward was -- included the authorization
to place that legal ad to preserve your option to initiate a fee next fall.
So we would still like to go forward with that to preserve that option.
It's not a requirement. It's an option for the Board.
COMMISSIONER McDANIEL: It's a requirement that we do
the legal advertisement to be able to do it should we choose to
initiative the utility.
MR. OCHS: That's exactly correct.
COMMISSIONER McDANIEL: So it's a requisite that we do
that portion of the legal notice.
November 13, 2018
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MR. OCHS: Yes, sir.
COMMISSIONER McDANIEL: And I can make that part of the
motion if you want it to be.
MR. OCHS: Yes. Thank you very much.
CHAIRMAN SOLIS: And the second is --
COMMISSIONER FIALA: Yes, I am.
CHAIRMAN SOLIS: Let me just -- again, we're taxing our court
reporter. I have three people on the board here. I've got Commissioner
Taylor, Commissioner Saunders, and Commissioner Fiala. Have --
COMMISSIONER TAYLOR: I'll make my remarks later. Let's
vote.
CHAIRMAN SOLIS: Let's vote. Okay. And are you done,
Commissioner Saunders?
COMMISSIONER SAUNDERS: I'm going to vote against the
motion because now we're sending a message to the public through
this advertisement that the stormwater utility is still on the horizon,
potentially, and I just don't want to do that.
COMMISSIONER McDANIEL: And may I address him?
And the only thought process I have there, Commissioner
Saunders, is what if the Productivity Committee comes up with a
palatable utility fee that's different than anything we've heard about?
COMMISSIONER SAUNDERS: Then we can consider that, and
in 2020 we can adopt it. I mean, you know, we're rushing here, and we
don't really have to. We just got $420 million over the next seven
years that we didn't have three weeks ago.
COMMISSIONER McDANIEL: None of which is appropriated
for stormwater.
COMMISSIONER SAUNDERS: I understand. The money's
fungible.
COMMISSIONER McDANIEL: But it does free up -- it does
free up money.
November 13, 2018
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COMMISSIONER TAYLOR: Oh, no, sir. The people voted on
specific issues.
COMMISSIONER SAUNDERS: I understand what the people
voted on. If you let me finish the sentence --
COMMISSIONER TAYLOR: But you said it was fungible.
COMMISSIONER SAUNDERS: If you let me finish the
sentence, I will finish the sentence which is, basically, we have $420
million for some very important transportation needs and some very
important needs. It would be hard for this board, anybody on this
board to argue that that doesn't free up some of our money somewhere
else. If you make that argument, then I'd have to be somewhat
shocked. That's what I mean.
We have more flexibility today than we did two weeks ago. Not
with the sales tax. That's set. So that's my point.
COMMISSIONER TAYLOR: But the money -- you can't use
that tax for O&M, and it's O&M, what we're talking about. And we
deliberately and consciously and very openly removed any talk of
stormwater from that tax.
COMMISSIONER SAUNDERS: I understand, Ms. Taylor, and
I'll say it again. I'm not talking about using any of the $420 million for
stormwater capital or maintenance. What I'm saying is, today we have
$420 million more than we had last week. And if that doesn't give us a
little flexibility with our budgets dealing with our ad valorem budget,
I'm not sure what would give us flexibility.
COMMISSIONER McDANIEL: Let me ask you --
COMMISSIONER SAUNDERS: That's the point.
COMMISSIONER McDANIEL: -- a question, Commissioner
Saunders. Would your support come along if we didn't do the public
advertising for the utility at this stage?
COMMISSIONER SAUNDERS: Yes, because I believe that
we're sending a message to the public that this utility issue is still on
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the horizon. And if we're not going to -- I'm not going to vote for a
utility at this point --
COMMISSIONER McDANIEL: Right.
COMMISSIONER SAUNDERS: -- because of the taxes that
we've already levied. And so if that's not part of it, then I'll support the
motion. Have the committee come back and tell us what's --
COMMISSIONER McDANIEL: Well, I like your thought. I'm
sorry. I didn't mean to interrupt you.
COMMISSIONER FIALA: I interrupted you. I just wanted to
ask simply, do we already collect money for stormwater?
COMMISSIONER McDANIEL: Yes.
COMMISSIONER FIALA: That's the money here?
COMMISSIONER McDANIEL: No, not necessarily there.
COMMISSIONER FIALA: How much --
COMMISSIONER McDANIEL: Mr. Ochs --
COMMISSIONER FIALA: -- do we collect?
COMMISSIONER McDANIEL: Eight million in this year's
budget.
COMMISSIONER FIALA: Okay. So we have a certain amount
that we're expecting every year even if we don't.
CHAIRMAN SOLIS: Well, we're not collecting it for that. This
is coming out of the General Fund.
MR. OCHS: Yes, sir.
COMMISSIONER FIALA: Oh, okay. Okay, thank you.
CHAIRMAN SOLIS: It's not -- we're not collecting a stormwater
-- specifically a stormwater fee or anything --
COMMISSIONER FIALA: Okay. So we have nothing on our
tax bill that says stormwater. I thought there was.
MR. OCHS: No, only from the South Florida Water
Management District, Commissioner.
COMMISSIONER SAUNDERS: Okay. We don't have
November 13, 2018
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something in our budget that says -- or in our tax bill that says
"stormwater," but we're collecting -- a portion of our ad valorem taxes
that we're collecting, apparently, is going to stormwater.
CHAIRMAN SOLIS: Allocated.
COMMISSIONER SAUNDERS: We've allocated that, $6
million plus.
MR. OCHS: Mr. Isackson.
COMMISSIONER SAUNDERS: And we can allocate more at
our next budget.
MR. OCHS: You can.
COMMISSIONER SAUNDERS: Because we do have a little bit
flexibility because of the fact we can afford --
(Multiple speakers speaking.)
MR. ISACKSON: We can talk about flexibility when we get to
our AUIR item. I'll be happy to make a couple of comments on that.
But, Commissioners, as Mr. Ochs indicated, we have an
ordinance that says you allocate up to on an equivalency basis. So
when we put together the budget we identify all the -- we throw all the
potpourri of services, including the constitutional officers that come
out of the General Fund, and we include 111 into that equation for
purposes of stormwater.
But always remember that you have only identified
unincorporated area benefits for stormwater projects that come off the
General Fund ledger. So it's not as uncomplicated as people might
think.
But we do, this year, allocate $8-plus million to the stormwater
program. You can divvy it up maintenance or capital, however way
you do it. My job is to allocate money toward that. My job is to also
indicate what other programs and services that we have in this
community, and we do that every year.
So in terms of flexibility, we'll wait to see what the tax rate's set
November 13, 2018
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at, and I would assume that we'll do that in February rather than wait
until July or August, because that will help me immensely when we
start identifying programs and services.
COMMISSIONER FIALA: Does it say on our tax bill
"stormwater"?
MR. OCHS: No, ma'am.
MR. ISACKSON: No, ma'am.
CHAIRMAN SOLIS: And one question for Mr. Isackson. You
know, I've heard you at least for the two years that I've been on the
commission -- I don't want to call it preaching, but --
MR. ISACKSON: I don't like to preach, sir.
CHAIRMAN SOLIS: Right, no, you don't preach, but you highly
and emphatically recommend that one of the things that we need to be
doing is looking at diversifying the revenue streams from which the
county operates. Is that still your opinion?
MR. ISACKSON: Well, we are heavily dependent on property
taxes. And when you have another recession -- it's going to come at
some point. I can't predict when it's going to happen. I have an idea,
though. And you'll see that in policy coming up in February. But
when you're reliant on that type of revenue stream, you're going to get
caught short a little bit like we were in '08/'09, and we reduced the
General Fund's budget by some $145 million.
So, yeah, I've always preached that. And we've had -- in the
budget policy we've had strategies. It's -- when you start looking at
adding a revenue source and you look at your ad valorem tax, you
could always take the ad valorem tax down on a dollar-for-dollar basis
depending on what the source of new revenue is you're raising. We've
talked about that in the budget policy before. Now, that's a
conversation that might not be timely right now, certainly, but it's a
conversation I think at some point in time down the road the Board
probably has to have.
November 13, 2018
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CHAIRMAN SOLIS: Just my thought.
COMMISSIONER McDANIEL: That potentially could be one
of the --
CHAIRMAN SOLIS: Could be one of the three.
COMMISSIONER McDANIEL: -- three alternatives that comes
from the Productivity Committee.
CHAIRMAN SOLIS: Absolutely, absolutely.
Okay. We have -- Commissioner Fiala, your -- nothing for you?
Okay. I think we've eaten the box of chocolates. Okay.
COMMISSIONER FIALA: Did they taste good?
CHAIRMAN SOLIS: There's a motion and a second.
COMMISSIONER SAUNDERS: This has the advertisement?
CHAIRMAN SOLIS: This has the advertisement.
COMMISSIONER McDANIEL: This has the advertisement.
And I think, Commissioner Saunders, even though I know you're not
going to support it, I think it's prudent for us to do that. It does, in fact,
allow -- again, on the premise -- again, you listen -- don't shake your
head no. You listen to -- if you've listened to what I've said all along, I
mean, even when we were at odds on the sales tax, I wasn't against the
sales tax if there was a commensurate ad valorem reduction that
traveled along with it. It wasn't the premise of the sales tax. It was the
methodology that was implemented with the sales tax initiative that I
was not in favor of.
So if, in fact, we come to a consensus that a utility is the way to
go, as staff's recommending, and there is a commensurate ad valorem
reduction that travels along with that, we need to advertise for it.
Now, I also understand there's not a rush, as you're proposing,
that we're sending the message that we're getting ready to raise
people's taxes again, which I am not going to do, so -- but I think it's
prudent for us, as a board, to not foreclose out any potential ideas that
are, in fact, availed.
November 13, 2018
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So I'm going to leave it with the advertisement to go forward.
CHAIRMAN SOLIS: Very good. There is a second?
COMMISSIONER FIALA: Yes.
CHAIRMAN SOLIS: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: Lone Ranger for you for a
change.
COMMISSIONER SAUNDERS: For a change.
CHAIRMAN SOLIS: And now our court reporter, poor court
reporter.
COMMISSIONER TAYLOR: This is what happens when you
get honored at a meeting; we work you.
CHAIRMAN SOLIS: We'll be back at 3:55.
(A brief recess was had.)
MR. OCHS: Chairman, you have a live mike.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. SOLIS: We're back on -- actually, let's go real quickly to
Item 7, public comments on general topics not on the current or future
agenda.
MR. MILLER: I have no registered speakers for that item, sir.
November 13, 2018
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MR. OCHS: I thought you didn't. Thank you.
Item #9B
RESOLUTION 2018-208: THE 2018 COMBINED ANNUAL
UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES
AND SCHEDULE OF CAPITAL IMPROVEMENTS AS
PROVIDED FOR IN SECTION 6.02.02 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE AND SECTION
163.3177(3)(B), FLORIDA STATUTES AND ADOPT A
RESOLUTION THAT UPDATES THE 5-YEAR CAPITAL
IMPROVEMENT SCHEDULES - MOTION TO ACCEPT REPORT
– APPROVED; RESOLUTION 2018-208 ADOPTED
MR. OCHS: Okay. That takes us to 9B. This is a
recommendation to review and approve the 2018 combined Annual
Update and Inventory Report on public facilities and the schedule of
capital improvements as provided for in your Collier County Land
Development Code, and to adopt a resolution that updates to the
five-year capital improvement schedules.
And Mr. Bosi will take you through the presentation.
MR. BOSI: Good afternoon. Mike Bosi, Planning and Zoning
director.
Once again, this is our November meeting, so that means it's time
for the Annual Update and Inventory Report and the Capital
Improvement Element. That's basically your capital improvements
that will be needed over the next year to satisfy your requirements of
concurrency.
I have a presentation where we'll talk just about some of the high
points from a statutory perspective as well as from what locally we
require.
November 13, 2018
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The Annual Update and Inventory Report is an annual one-year
snapshot of the projected needs and required capacity improvements
for the next five years based upon population increases against the
BCC adopted levels of service, and it should be noted that the snapshot
changes as to change for the demand equation evolved. Basically,
what we're saying is the projects that are needed to support the growth
and development and the population increases that are corresponding
with that growth and development.
We have two different categories that are within the AUIR and,
actually, our AUIR has a third category, and it's coastal management.
It's Category C. But Category A, or the concurrency facilities, roads,
drainage, potable water, wastewater, solid waste, parks, recreation,
schools; and then B are your non-concurrency facilities: Jails, law
enforcement, libraries, emergency services, and government buildings.
Within there, I wanted to bring a distinction between consistency
and concurrency. The AUIR at the CIE sets up the system for
concurrency. That's your -- that's when you come in for an application
for a development order or for an SDP, and we check the capacity of
the systems available to satisfy the demands that your project's going
to be placed against it.
Consistency is the impact of development on the available
adequate public facilities and services consistent with the levels of
service adopted in the Collier Growth Management Plan and defined
through the Collier County Adequate Public Facilities ordinance.
This is applied at the rezoning stage. So when a petition will
come in and request for a new residential development, new
commercial development, mixed-use development, we'll apply our
consistency review. It's not the hard concurrency, but we will look and
see how much capacity is available and at that time we may identify
some projects or improvements that would be needed, but that's not the
strict application of concurrency.
November 13, 2018
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Concurrency is the public facilities and services necessary to
maintain that adopted level-of-service standards are available when
impacts of the development occur. It's applied at the Site Development
Plan stage or the plat stage. And what that means is at that time, it's a
hard concurrency, it's a hard mathematical evaluation against what's
available within the system and what your project's going to demand
against the system. And if there is insufficient capacity, building
permits -- or there can be a hold within COs, a hold within the
development order related to that lack of capacity.
The Florida Statutes 163.3180, concurrency -- applies to
concurrency regulations for the state. And the state says sanitary sewer,
solid waste, drainage, and potable are the only public facilities that are
subject to concurrency that they require, but as I've underlined, any
local government may extend concurrency requirements so that it
applies to additional public facilities within its jurisdiction.
And when you look to the Collier County Growth Management
Plan, you see that specific instance of it. Within our Capital
Improvement Element, Policy 5.3 establishes the concurrency
requirements for potable water, wastewater, stormwater management,
and solid waste disposal, Policy 5.4 establishes the concurrency
requirements for Parks and Recreation, Policy 5.5 establishes the
concurrency requirement for transportation. And then, finally, Policy
5.6 establishes the concurrency requirements for public school
facilities.
We -- based upon that, there is Parks and Recreation, there's
transportation, and there's public schools which are above and beyond
what the state requires that we locally say we want to apply against the
concurrency management system.
One of the -- one of the recommendations that had came from the
Planning Commission after review of the 2018 AUIR was a
recommendation for the Board to evaluate and consider including law
November 13, 2018
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enforcement and EMS as a concurrency component. They're currently
Category B facilities, and they requested that the Board of County
Commissioners evaluate law enforcement and EMS as to whether they
should be appropriately included as part of the concurrency
management system, meaning those would be two additional
components that could potentially prevent the issue of development
orders if there's lack of capacities in one of those two systems.
Based upon that recommendation, if the Board was inclined to,
staff could provide some further analysis as we move forward in the
preparation of the 2019 AUIR. But just wanted to provide that
clarification that was provided by the Planning Commission.
Additionally, within the Collier GMP, within the Capital
Improvement Element, we have an objective, and it's related to
financial feasibility, and it basically says, with the exception of
schools, because schools is funded by the school district, existing
public facility deficiencies measured against the adopted
level-of-service standards will be eliminated (sic) with revenues
generated by ad valorem taxes and other intergovernmental revenues
received based on economic activity.
I think we've heard some conversation from the Board today
about revenue streams and where we create the revenue streams
necessary for the capital improvements in all of the needs of the
county. So that's where we're at locally.
From a statute -- from a Florida Statutes perspective, the fiscal or
the financial feasibility is no longer a requirement. It basically only
requires that you have to identify projects necessary to ensure that the
adopted levels of standards are achieved and maintained for your
five-year period, as -- and they have to be provided by a dedicated
funded source or unfunded.
So, really, the discretion and the decision-making in terms of
fiscal financial feasibility is -- ultimately, it's a local decision. It's a
November 13, 2018
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decision that the Board of County Commissioners has adopted and it --
the state has really taken a step back in that regard, and it has said it's a
local level -- it's a local-level issue for the commission to make their
own decisions on.
Related back to the GMP, related to the Capital Improvement
Element, projects identified -- and this is important when you think
about concurrency and consistency. The concurrency applies to your
first two years. The projects have to be in your first two years for it to
be counted against your for -- to gain credit for that improvement
within the CIE.
Projects identified in years three, four, and five of the scheduled
capital improvement cannot be relied upon for committed capacity for
concurrency, but they're considered for consistency.
So when we apply concurrency, when you hear the term
"concurrency," it's really only applying to what the existing system
has, plus what's going to be added in the first two years of your CIE.
So when we look at it, when we try to find identified revenue sources,
we always try to marry up those ones in the first two years with those
dedicated revenue sources.
And this comes down -- we were talking about statutes, and then
we were talking about the GMP. Now we're down to the LDC level,
and the LDC specifically says, through the AUIR and the Capital
Improvement Element and the annual budgeting, the recommendations
contained within those will propose financially feasible public
facilities, schedule of capital improvements needed to maintain and
restore the adopted levels of service, as well as recommendations for
your annual budgeting project and other suggested funding sources.
So that's really where we sit from a statutory perspective from --
of how do we pay for growth. What's required for -- within our CIE,
and then this is -- what is it that drives the -- drives the capital
improvement? What drives the annual update? Based upon our
November 13, 2018
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individual policy within the Capital Improvement Element, population
estimates shall be based upon the most recent population bulletin from
the University of Florida Bureau of Economic and Business Research,
which we refer to as BEBR, and then we also have a 20 percent
markup for our seasonal impacts.
We understand that our seasonal visitors place greater demands
upon our system, so we have to account for that. That 20 percent is
utilized in general for most facilities. Public Utilities has a little bit
different of a formula for how they provide that extra -- the additional
capacity, but for general purposes we can say there's a 20 percent
markup factor to our infrastructure in relationship and understanding of
the impact of our visitors.
COMMISSIONER TAYLOR: So your population estimates are
including that 20 percent increase that rises and falls in the season?
MR. BOSI: Yes.
COMMISSIONER TAYLOR: Okay, good. Thank you.
COMMISSIONER McDANIEL: Based upon numbers derived
from the median BEBR population estimates. So that's an important
criterion.
COMMISSIONER TAYLOR: But it's including it. It's not --
when they talk about population growth, it's including that 20 percent.
MR. BOSI: Our Capital Improvement Element, our AUIR
includes the 20 percent, and it allocates for that 20 percent. The BEBR
numbers are just straight permanent population. We just utilize a 20
percent markup above that, what they provided.
COMMISSIONER TAYLOR: For the capital projects.
MR. BOSI: Yes.
COMMISSIONER TAYLOR: Okay, yeah. Because they use it.
Whether they're here seasonal or not, they need it.
MR. BOSI: And this next slide, I think, is from an individual
who's been involved within the Capital Improvement Program and
November 13, 2018
Page 196
budgeting for over a decade. This slide is something, I think, that
should be appreciated by each of the decision makers in a sense of, if
you look at our growth percentage or the annual growth percentage
that we've projected since 2013, we've been right about at 2 percent for
the last six years, and that's not too -- it's almost a Goldilocks scenario.
It's not too high, not too low. I know there's always contractions
within our business cycles, and we're due for one. But what that
suggests to you is we haven't had a tremendous runup in terms of
overspeculation. It's been a steady increase.
And our infrastructure providers have had adequate time, I
believe, to adjust. What happened after the 2010, this annual census,
we found that we had a little bit more capacity in our system against
the population because we had some population exitus, I believe, you
know, for economic purposes. So we had more available capacity than
what we thought we had at the time when we recalibrated with the
population.
Well, that recalibration and that extra capacity has since
diminished. We're now hitting the period of time where improvements
are needed, and I think you'll see within this AUIR that you're starting
to see more of the individual departments and divisions starting to
respond to six years of 2 percent population growth.
So determining how much we build, it's new population versus
your level-of-service standard equals your Capital Improvement
Program. It's simply a math problem. For this AUIR, we're projecting
33,878 additional people. You multiply that by .33, and that's the
amount of square footage that we required for libraries. Now, we're
good on libraries, we're not proposing any, but I just utilize that as an
example for you to understand how we determine how much we build.
But that's not the only determination. That's not the only driver of the
needed capital improvements.
We have three components that really are aside from population,
November 13, 2018
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and the population has a direct effect upon it, but transportation in
particular. It's transportation counts which are collected over multiple
times a year banked against what the -- the trip banks that are in the
system against the capacity of those road systems. That's how -- that's
what drives the determination for when new roads are needed.
So it's not just simply population, numbers of people here. It's
based upon real time of those trips and the utilization of the
infrastructure that dictates when that -- what we identified for the new
facility that is going to be needed.
Public Utilities has a little bit different as well. It utilizes
population projections as a component of it, but also historic demand
usage is a prime component, plus they have an additional capacity
premium of which they understand that because of the need -- the
needed assurance to always know that you have capacity when that
toilet is flushed, that they put an extra spacing or buffer within the
percentage of capacity to be able to alleviate a problem that we had
back, I think in 2000 and 2001 where we were out of capacity, and we
do not want to revisit that condition again.
COMMISSIONER TAYLOR: It's there.
MR. BOSI: So that's another component. And then stormwater,
it's the individual basin studies that have helped establish the baseline
for helping to determine what's the level of service for any one of those
individual basins.
So it's not population on all of the facilities. There is some
uniqueness that utilize a little bit different arrangement.
And these next two slides are just going to show you for the last
12 months where -- the COs that were issued. And we circled --
Commissioner Fiala, I think as you can see, your East Trail tends to be
one of the most active and common destinations for the COs that are
coming out of the ground, and I think that has a lot to do with a lot of
new commercial land uses that you're starting to see pop up following
November 13, 2018
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those rooftops.
And then this is over the past 13 years. The past 13 years from
the printing of this date, you know, 35,286 multifamily and
single-family dwelling units were issued COs. It shows you where our
growth areas are. It's -- the Immokalee corridor and that East Trail
continue to be the location, the area where our COs are most frequently
occurring.
COMMISSIONER McDANIEL: Before you go on, if I may, Mr.
Chair, I hope your map is inclusive of the entire county, because
you've cut off a huge portion of Oil Well Road, Ave Maria, all that out
there where there's enormous growth, enormous growth. I mean, I
think Ave Marie, if I'm not mistaken, is one or two in the entire state as
far as a community goes.
MR. BOSI: It is inclusive of the entire county. I apologize for
the --
COMMISSIONER McDANIEL: There's no sorries. I just want
to make sure it's included in the process.
MR. BOSI: It is, Commissioner.
COMMISSIONER FIALA: And sometimes a map, like all of the
commercial that's going on along the East Trail, but that's not real
productive commercial, right? That's the gas stations and these storage
unit things. There's, like, 13 of them coming in, but they only house
two employees, and they're not really for people that live there. They're
just there. So it isn't a productive type of commercial, which we wish
it was. But, anyway, just wanted to mention that. Sometimes you
can't see those on a map.
MR. BOSI: The last topic we're going to talk about was just the
relationship between impact fees and levels of service.
Your Annual Update and Inventory Report establishes the
rational nexus required for utilization of impact fees in both your
category facilities. It's an approximation on revenue projected over the
November 13, 2018
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capital period to determine the county's ability to construct and adopt
the level of service.
And final clarification: All projects in the CIE/AUIR have to be
growth related. They have to be related to growth because impact fees
are being utilized. And when impact fee funds are being utilized, they
have to be allocated to system expansion. They can't look backwards.
They have to look forward to be able -- to increase the capacity that's
associated with those new dwelling units.
And the final slide is in the fiscal realm, and I'm going to turn
over to Mr. Isackson.
MR. ISACKSON: Thanks, Mike.
Commissioners, good afternoon. Mark Isackson with the Office
of Management and Budget.
Just a couple of observations that we thought we'd put together in
this last slide for you. Knowing that the sales tax had passed, knowing
that there's deficits shown in three specific areas in the AUIR, I
thought we'd give you a little picture of how that might work going
forward.
Category A, your transportation projects, there was originally
$106 million shortfall in the Transportation Element. Vanderbilt
Beach Road, as part of the sales-tax initiative, had allocated $74
million toward that particular effort, which reduces that shortfall
substantially, to roughly 32.4 million.
You look at the VBR extension, $100 million project, essentially;
74- of that's coming from the infrastructure sales tax; 26 million will
come from existing appropriations, and then you've got other projects
that are listed in that particular element that, combined, would make up
about a $32.4 million shortfall.
I mentioned to the senior leadership team the other day that
passage of the sales-tax initiative simply reduces our need to borrow.
It doesn't eliminate the need to borrow. And that substantial reduction
November 13, 2018
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in borrowing can pay some dividends down the road, and we'll see
how much those dividends are when we come back to you with
guidance and when you set your tax policy and when we see what
taxable value is and a bunch of other things that our commingled in
that.
Your stormwater unfunded need totals roughly 33.5 million, and
those are the projects that you see listed there.
Now, County Manager and the Deputy County Manager and I
have spoken about, well, how much of that can you borrow versus how
much of that can you carve out and maintain as part of your normal
funding. That's probably a decision that the Board will make at some
point. We'll be back before you at some point with an infrastructure
financing plan knowing that you have a seven-year sales tax coming
forward.
So I'm sure that will be part and part (sic) of that, the theory being
that you could technically finance your new stormwater capital and
come back behind and have your regular recurring operating revenues
offset some of the maintenance components of it, so...
And on the wastewater side, Joe Ballone's office and my office,
have been talking over the last few months about the northeast site and
the financing plan that would be forthcoming to construct new
facilities in the eastern quadrant in order to address burgeoning needs
that will be happening out there in the next few years.
The AUIR shows a $116 million deficit from a wastewater
standpoint, and that's going to be addressed as part of a planned debt
financing strategy. I believe the discussion with the County Manager,
Deputy County Manager, and myself has been sometime either at the
December meeting or January meeting we'll talk about specific debt
financing strategies related to that eastern quadrant out there.
And then, finally, Commissioners, your public safety and law
enforcement, EMS, those were all originally shown as a deficit, but
November 13, 2018
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most of those projects -- or, in fact, all of those projects are under your
infrastructure sales-tax component going forward.
So, Mike, did you have anything else you wanted to add?
COMMISSIONER SAUNDERS: Mr. Chairman, could I ask just
a quick question? On two of the items --
MR. ISACKSON: Commissioner.
COMMISSIONER SAUNDERS: -- the stormwater, 33.5 million
shortfall that would have been funded with a utility fee, if there's debt
financing for that, what would be the source of revenue to repay that?
You said a portion of that could be --
MR. ISACKSON: Well, you can't -- you're not going to be able
to use ad valorem taxes, obviously.
COMMISSIONER SAUNDERS: I understand.
MR. ISACKSON: So we usually use the term and the vernacular,
all legally available non-ad valorem revenues. That's the term that I
would suggest that we use to identify, if you're going to issue debt,
what the repayment source would be.
COMMISSIONER SAUNDERS: So, for example, revenue
sharing --
MR. OCHS: Sales tax.
MR. ISACKSON: Sales tax.
COMMISSIONER SAUNDERS: -- anything that we get from
the state.
MR. ISACKSON: That's right.
COMMISSIONER SAUNDERS: And then Category A,
transportation projects, there's a $32.4 million shortfall reduced from
106 million because of the 74 million going to Vanderbilt Beach Road.
That would be paid for, I assume, with this gas tax. Debt financing --
MR. ISACKSON: Well, that's one option that we have.
COMMISSIONER SAUNDERS: Or impact fees?
MR. ISACKSON: That's one option that we have, sir. Your gas
November 13, 2018
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taxes, keep in mind, expire -- your debt on the gas taxes expire in 2023
and 2025. So you could accelerate that and re-up your gas taxes and
go out longer on a debt issue quicker than '23 or '25, which might be an
option, knowing that interest rates are continuing to creep up. That's
something that we would talk about as part of an infrastructure
financing plan going forward that we would bring back to the Board in
the near future.
COMMISSIONER SAUNDERS: One more question on the
gas-tax revenues that we get. I understand that impact fees have to be
used to pay for infrastructure necessitated by new growth. Gasoline
taxes, what are they restricted to?
MR. ISACKSON: Well, they're -- we just had conversations with
the Clerk's Office not too long ago about what you can pay for. I can't
remember all of them, sir, but I think roads are a good example,
bridges are a good example of what you might be able to pay with gas
taxes.
COMMISSIONER SAUNDERS: If you had a stormwater
project associated with a new road --
MR. ISACKSON: That might be -- I think you're splitting hairs
there. That would be something I'd want to steer away from, but I'd
defer to the Clerk's Office on that.
MR. OCHS: Good idea, though.
MR. ISACKSON: Because it's not clean. It's not clean. I try to
avoid things that aren't clean.
COMMISSIONER SAUNDERS: As long as it's just not dirty,
that's okay.
MR. OCHS: That's true.
COMMISSIONER SAUNDERS: It doesn't have to be totally
clean.
MR. BOSI: And I just wanted to add, we've got our full staff
available in case you had any questions on any one of the submittals
November 13, 2018
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from the AUIR team, and we're happy to answer any questions that
you may have.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. What have you worked into or
how have you planned it? We had a problem years ago when Jim
Mudd was still our county manager, and we were projecting our
housing needs back then, and we had a certain goal to meet all the
time, and we were very conscientious about doing that. Of course,
nobody ever expected the market to go crashing, you know. We had
plenty of houses. Everything was going fine, and the market crashed.
Now, everybody was either fleeing or abandoning their homes,
and now they're -- now we had too many houses. What are you doing
to make sure we don't, again, get into that same situation?
MR. BOSI: Well, there's little that we can do in terms of how
many COs are being requested from the development side. I think one
of the things you can take comfort in is if you look at the -- you look at
the population increases, the 5- to 6- to 7,000 people a year that we are
projecting is almost in line with the COs that we're issuing. Our COs
have been 22-, 25-. I think the highest that we've gotten is about
2,700. And you utilize the formula of 2.39 persons per household, and
you get close to that 5- to 6,000 person range.
So from the empirical data that we've collected over the past six
years compared to the COs that have been issued, I don't think that we
have a level of overspeculation in relationship to the populations that
we expected against the COs that we've issued.
Now, of course, when we see that the COs start rising above
3,000 person -- 3,000 number level and our population projections
don't start to adjust, then we start seeing, well, maybe there's a little bit
overspeculation within the marketplace. But until that period of time,
we're still -- I think we're still moving along at an appropriate pace,
especially based upon those COs corresponding.
November 13, 2018
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COMMISSIONER FIALA: Okay. So, in other words then, say,
for instance, you're building this whole big beautiful development,
right, but now it's teetering on whatever our projections say we could
have. You can't just stop them. It's their land. They have a right to
build. What do you do then?
COMMISSIONER McDANIEL: Pray.
MR. BOSI: We issue all COs as required per the regulations,
upon the limitations that are provided to this government. And we're
bound -- you know, we're bound to operate by that rule set even if we
feel that there's overspeculation within the market. We from a regular
-- from a growth management side of the shop, we issue permits based
upon satisfaction of the regulatory code.
COMMISSIONER FIALA: Thank you.
CHAIRMAN SOLIS: Okay. Commissioner Saunders.
COMMISSIONER SAUNDERS: I'm not sure who this is a
question for; maybe for Nick. We have the Big Cypress Basin that
generates -- and you don't have to tell me how much -- revenue. That
was something that Mary Ellen Hawkins established back in the late
'70s, I believe.
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER SAUNDERS: And I believe that the Big
Cypress Basin has really been a significant factor in water
management throughout Collier County. What is the amount of
revenue that the county collects for that?
MR. CASALANGUIDA: Sir, off the top of my head, I'm going
to --
COMMISSIONER SAUNDERS: Rough estimate.
MR. CASALANGUIDA: I'm going to say roughly 13 million,
but I could be way off because of the --
COMMISSIONER SAUNDERS: 13 million a year?
MR. CASALANGUIDA: That was what I remember the last
November 13, 2018
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number. I'll get that accurate number. And that's only for the primary
canal, sir.
COMMISSIONER SAUNDERS: Right. That can only be used
for primary canals?
MR. CASALANGUIDA: Primary canals and major structures
that's listed under their purview. We have a contract with them.
COMMISSIONER SAUNDERS: And the contract is with the
Big Cypress Basin?
MR. CASALANGUIDA: Yes, sir. It's actually with the district.
COMMISSIONER SAUNDERS: And, of course, the district has
to approve whatever funding -- whatever projects there are, ultimately
the district has to approve?
MR. CASALANGUIDA: And the contract says that you approve
those projects every year as well as, too, sir.
COMMISSIONER SAUNDERS: Okay. I'd like to, as part of
our -- maybe not too relevant to the AUIR, but I think it's relevant to
our stormwater issues, to get a little bit more information to the
Commission on how beneficial that Big Cypress Basin has been in
terms of generating money for water management and how that may
interplay with other things that we do.
I realize that we're not going to use that to replace pipes and that
sort of thing, but just kind of curious as to how that might flow with
whatever else we do.
MR. CASALANGUIDA: We'll give you a good historical
breakdown, sir.
COMMISSIONER TAYLOR: Were they not involved on some
level on what we're doing on Ridge Street?
MR. CASALANGUIDA: With the grant, ma'am. They provided
a local-option grant both to the city and the county.
COMMISSIONER TAYLOR: A million or --
MR. CASALANGUIDA: About 800,000 is my recollection.
November 13, 2018
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There was another 400,000 in an upcoming year. Amy might have a
tighter number.
MS. PATTERSON: Hi. Amy Patterson, for the record, director
of Capital Project Planning.
The Big Cypress Basin, South Florida Water Management
District, provided $1.6 million to the city and $800,000 to the county
for that joint project.
MR. CASALANGUIDA: Thanks, Amy.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Well, yes. This is a perfect
slide for us to be at, Commissioner Taylor, when we were talking
about the median BEBR numbers being the population estimator, and
it's one of the issues that I have with this AUIR report. This is a report
that is generated by our staff to allow us to plan for the future, for the
growth, and this particular instance, it's -- the BEBR numbers are
showing us running right at 10 percent in growth when, in actually,
we're hitting 2, growth percentage analyzed; is that correct?
MR. CASALANGUIDA: No, sir.
MR. BOSI: The five-year growth period -- the five-year growth
period is at 10 percent, and each year within that growth period there's
a 2 percent.
COMMISSIONER McDANIEL: It's two percent a year. Forgive
me. I misunderstood the slide that was, in fact, there.
So with that, I'll be quiet for a minute. I do have a statement I
want to make with regard to the actual report itself.
CHAIRMAN SOLIS: You were the last speaker, so now would
be a good time if you want to do that.
COMMISSIONER McDANIEL: Well, I just -- I found it -- I
took exception to the AUIR's report in us accepting it and adopting it
as the planning tool when there are known deficiencies in the
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level-of-service capacities that we, in fact, have, and known
deficiencies represented in the report in transportation. There were not
any discussions about the known deficiencies other than what was
elaborated on today with regard to the stormwater deficiencies that
we've been talking about for coming on six, seven -- well, since I came
in office.
And I'm having difficulty continuing to utilize this methodology
from a planning perspective when we delineate known deficiencies
and accept the report but then continue to defer the deficiencies and
kick the can on down the road. And I'm wondering what we need to do
from a policy perspective to make adjustments to those deficiencies so
that we're not politicizing the utilization of the available revenues.
The stormwater is a perfect example, in my mind, of when the
revenues start -- ad valorem started to decrease due to the great
recession. There was cannibalization out of the stormwater fund to be
utilized for other expenditures and support other things, in turn
creating a deficit. We acknowledged the deficit, but through the -- and
I can't remember whether you called it consistency or whether we
utilized consistency or concurrency -- we acknowledged the deficit but
never funded it and then continued to accumulate on that basis.
And that's where I'm having a difficult time with this entire -- I
don't know whether I need to look at you or I need to look at Leo as --
you and I have talked about these things. I mean, this is -- I'm having a
difficult time accepting this report.
I know it's important for us to plan, Michael. You and I have been
working together forever, since the East of 951 Horizon days, and
planning is imperative. But if you're operating off of information that
isn't as accurate, necessarily, as it can be and/or there is opportunities
for -- or necessities for policy adjustment, I've got concerns with
utilizing this AUIR and the CIE.
I know we're required statutorily -- I think, statutorily, is the CIE,
November 13, 2018
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correct? The AUIR is something that we have adopted as a county
through an ordinance of -- I think I read it in the book back in 1990.
Maybe we need to adjust that ordinance or at least have a review of
that ordinance and the methodologies that we're utilizing to establish it.
MR. CASALANGUIDA: Sir, if I could a little bit, because we
talked a little bit on the phone, is they're all different. If you look at
transportation, they use actual traffic counts, and you set your level of
service based on measurements that you take physically on the ground.
So population in that five years has nothing to do with it.
Your stormwater really isn't population based, and they've
struggled by setting a level of service. I know right now, as the
commissioner pointed out, Big Cypress Basin is going through a
level-of-service study. How do they set level of service to prioritize
capital projects? Well, they're using water flows out of bank. And,
you know, over five years when the canals start to increase when they
go out of bank, that's exceeding their level of service.
I know we're monitoring that and joining them in that study, so
that's based on water capacity and flows. They also include in that
component a capital section that talks about when you added O&M --
I'm looking at Amy -- probably back four or five years, because it
became such a big deal, Golden Gate City was put in there. Now,
that's not a level of service from a capacity standpoint. It's a level of
service from an operational standpoint, but it had budget implications.
And then parks, you talk about acreage per person, or libraries
you talk about persons per population, and then EMS is response time
and population. So they're all very, very different.
So maybe we could spend some Q&A time with you and break
those down and see which one you wanted to go after and maybe bring
back for a discussion.
But across the board they're very, very unique. And I know
George uses his checkbook to actual capacity. So he monitors the
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flows and three-day peak flows and, you know -- so they're all very,
very different.
COMMISSIONER McDANIEL: Well, and in that regard, there
was a discussion about a deficit in the wastewater for the northeast
plant, but I also know that there's been multiple discussions and
methodologies to support that deficit for the construction of that plant
through developer contributions, through hookups for potable water
fees and the like. And we -- but it's still showing in here, and those
alternatives -- so to me there's a $116 million deficit that's necessarily
unfunded, but I know out there there are funding methodologies
available, but I'm being shown as unfunded.
MR. OCHS: Well, I think in transportation, in the five-year we
actually identify that deficit and asterisk it with a recommendation that
we go out with a bond to cover that deficit in that case, so --
COMMISSIONER McDANIEL: And that was how the Planning
Commission actually accepted the AUIR, with that asterisk that we did
delineate that there was a bonding requisite?
MR. BOSI: That was contained within the AUIR in which they
reviewed. And I think -- and it also has a lot to do with -- this
discussion has a lot to do with the continuum.
In February you will be back establishing your budgetary criteria
for moving forward, and this is -- this CIE -- AUIR/CIE in November
is supposed to set the stage of here's the identified needs, here's where
we have funding, here's where funding is needed, and it does identify
options of either finding where the revenue streams are going to be. If
the Board of County Commissioners feels that revenue is not available,
that they're unable to fund it, there's always an option to lower levels of
service accordingly based upon that lack of funding.
So it does have a relationship to set you up for areas that are
highlighted for what we'll need in terms of a capital status moving
forward so -- when your budgetary discussions are supposed to be
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informed by this process as well. I'm not sure if that helps -- or
addresses your question. But you always have the ability to adjust
levels of service when there aren't identified revenue streams or you
feel that those revenue streams are not available to you. That's always
one option that's available. But this really does set the stage for your
discussions come February where your budgetary priorities are
supposed to -- you know, are supposed to be focused.
COMMISSIONER McDANIEL: Well, and on that point, I mean,
that's where discussions can, in fact, be made or had with regard to
identification of funding sources to support the needs. The needs are
identified within the AUIR, and then -- and those, I think, need to be --
and that might be where I was talking about the adjustments to the
actual ordinance that was adopted in 1990 that created this process,
that we have a discussion about those identified needs and set in
precedence or policy to establish the funding sources for the identified
deficiencies within the available funding streams that we have and not
let it be so politicized and/or -- I know that Mark likes to have
flexibility in his budgetary processes, but identification -- did you
notice how I did the shell game thing?
The identification of the funding sources, I think, might be a good
thing for us to do as a policy to make those adjustments and take the
political aspirations out of it.
That's all I've got.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: I think this is a wonderful way of
looking at budgeting, and it certainly beats you coming to the city and
asking if you can hook up because the sewer -- you know, the waste is
running in the streets. So, you know, to me it's a flag that we have to
pay attention to. And I find it very educational, very worthwhile.
Thank you.
CHAIRMAN SOLIS: Commissioner Fiala.
November 13, 2018
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COMMISSIONER FIALA: Yeah. I guess it's the multiplier that
we use to depend on what the final results are. And one time -- and
you brought this to mind -- we were trying to figure out how much
affordable housing we needed. And this is back in 2005. I mean,
growth was -- it was going wild, and we had to make sure that we
prepared for enough affordable housing here to take care of that
growth. And so we enacted a fee to pay for all of the developers.
They kicked and screamed about that, but we collected it anyway.
When the market dropped out, now we had too much affordable
housing, and so that's when you hear of all of the developers coming
back and saying, we don't want to pay any more. We want the money
we paid back -- paid back to us. That's what had happened. I guess it
depends on -- how do you figure the multiplier? We tried the best we
can at the time, and we chose a wrong number.
MR. OCHS: Yeah. Commissioner, I think that was more of a
board policy initiative than a level-of-service metric. I think the Board
at the time felt like they wanted to do something about affordable
housing, so they said, well, how about if we charge $1,000 a unit, and
that's what the Board enacted at the time.
There was no level-of-service standard for affordable housing in
your AUIR at the time nor since. So it wasn't exactly tied to
level-of-service standard like this Capital Improvement Program is. It
was more of a policy formula, if you will.
COMMISSIONER FIALA: Okay. That's good then.
MR. OCHS: But you are right, we collected it to use towards
affordable housing, and then the recession hit, and things changed.
CHAIRMAN SOLIS: Very good.
COMMISSIONER McDANIEL: I do have one last point. I hit
the button again. And I thought about this, and it's something to
acknowledge. I mean, I've been watching the budgetary processes.
There was planned borrowing established for these capital requisites.
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It's been planned for quite some time, starting in 2019's budget cycle.
The advent of the sales tax has reduced the necessity of the
borrowing my some -- my brain, Commissioner Saunders, you were
saying 420 million, but I recall 470 million, irrespective -- that has
reduced that borrowing necessity by that amount which, in turn -- and
Nick and I were speaking about this. If you also add in the interest
savings that's associated with that, is a considerably larger amount of
money that we're not going to have to go out and borrow right now to
support these unfunded needs as established in the AUIR.
COMMISSIONER TAYLOR: Except in the stormwater.
COMMISSIONER McDANIEL: Except in the stormwater.
We're still chatting about that.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER SAUNDERS: Part of that sales tax goes to
the cities. That's why it's not --
COMMISSIONER McDANIEL: That could be. Maybe that was
-- 470- was the total amount, and part goes to -- thank you, sir.
CHAIRMAN SOLIS: Very good. So do we have a motion to
accept the report?
COMMISSIONER SAUNDERS: So moved.
COMMISSIONER FIALA: And 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?
November 13, 2018
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(No response.)
CHAIRMAN SOLIS: It's accepted.
Thank you. Great presentation.
MR. BOSI: Thank you.
Item #11C
AWARD INVITATION TO BID NO. 18-7426 “JAIL FACILITIES
BUILDINGS J1-J2 CHILLER PLANT AND HVAC UPGRADES”
TO AIR MECHANICAL & SERVICE CORP. FOR CHILLER
PLANT AND HVAC UPGRADES AT JAIL FACILITIES
BUILDINGS J1-J2, IN THE AMOUNT OF $1,394,000, AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED
AGREEMENT - MOTION TO APPROVE – APPROVED
MR. OCHS: Mr. Chairman, we now move to Item 11C. This is a
recommendation to award a bid for the jail facilities chiller plants and
HVAC upgrades to Air Mechanical and Service Corporation in the
amount of $1,394,000.
COMMISSIONER SAUNDERS: I'll make a motion to approve.
COMMISSIONER FIALA: Second. I was just going to do that
same thing.
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: (Absent.)
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: All opposed?
COMMISSIONER McDANIEL: Amazing presentation.
November 13, 2018
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COMMISSIONER FIALA: We wouldn't have done that, though,
if your presentation wasn't so good.
MR. OCHS: Thank you, John.
Item #11D
REVIEW THE HISTORY OF THE ANONYMOUS COMPLAINT
POLICY AND SUPPORT THE PRACTICE LIMITING THE
ACCEPTANCE OF ANONYMOUS COMPLAINTS FOR CODE
ENFORCEMENT AND DOMESTIC ANIMAL SERVICES CODE
COMPLAINTS – DISCUSSED
MR. OCHS: 11D is a recommendation to review the history of
the anonymous complaint policy and support the practice limiting the
acceptance of anonymous complaints for Code Enforcement and DAS
code complaints.
Mr. Ossorio can give you a brief presentation or respond to
questions. Pleasure of the Board. Essentially, we're recommending
that we maintain the existing board policy on anonymous complaints.
CHAIRMAN SOLIS: Do we need a recap of the history of this?
COMMISSIONER McDANIEL: No. I think we should have a
brief discussion about it, but I don't need the history.
CHAIRMAN SOLIS: Okay.
COMMISSIONER SAUNDERS: Should we try to define what
brief is?
COMMISSIONER McDANIEL: Yes. Hit the timer.
CHAIRMAN SOLIS: Brief. Thirty seconds or less.
COMMISSIONER McDANIEL: Thirty seconds or less. If you
want to do that, then we'll just leave it the way that it is.
I really think we should give due consideration to allow for some
leniency of staff on anonymous complaints. We have a provision that
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allows for anonymous complaints when there's an obvious health,
safety, and welfare life-or-death situation. That can be performed
anonymously. But I think we should, on a limited -- and I actually
talked about this last year, allow for anonymous complaints holding
the complainant responsible for frivolous complaints after a certain
particular point in time.
I believe that it's a prudent thing for us to do. It would engage
more people in our community to participate in our codes and
regulations without fear of retribution from the complaint -- the person
that they're filing the complaint against.
So I would prefer to see us make that allowance, and let it be a
staff designate -- you know, if you get a frequent flyer that is calling
because his neighbor's dog's coming over into his yard all the time --
COMMISSIONER FIALA: Or because they reported him.
COMMISSIONER McDANIEL: Correct. Well, and that
happens. That --
COMMISSIONER FIALA: Yes, especially in mobile home
parks.
COMMISSIONER McDANIEL: So that's what I would like us
to do. But if you want to leave it alone, I'm okay with that, too,
because there still is the opportunity -- just to belabor my point, you
can still file an anonymous complaint. You just have to call your
commissioner --
CHAIRMAN SOLIS: Correct.
COMMISSIONER McDANIEL: -- who then files it on your
behalf.
MR. OCHS: Which staff has found to work relatively well.
COMMISSIONER TAYLOR: It works well in our office. Very
well.
CHAIRMAN SOLIS: And it works -- it's been working well
certainly in my office, and it happens many times. And if they don't
November 13, 2018
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want to tell you who they are when they're calling you and they don't
trust their commissioner, well, then it makes me wonder what they're
really up to, but in any event.
Commissioner Fiala.
COMMISSIONER FIALA: Yeah. I just -- I think some of this is
prompted by certain areas where you have to be -- you have to remain
safe. And one a long time ago, but it was a guy that was just terrible
with his property. He lived way out in the Estates, and a neighbor
started to complain about him. You remember him, don't you? And so
he started shooting at their cars.
COMMISSIONER TAYLOR: Wow.
COMMISSIONER FIALA: And so -- but they were afraid to call
for protection, but they got the Sheriff's Office. That didn't help very
much. So then he started shooting their animals. Then they put him in
jail, but when he got out then -- well, I won't say this on camera, but
there was some funny things that went on that were ridiculous.
But, anyway, we felt that there was a need definitely to be able to
report it anonymously in situations where the person isn't mentally all
right. You know, whether he has a drug problem or whether he just
isn't mentally right.
So when I got a call back -- it was me that put this on there. And
when I got a call about this, I guess there were some that were -- a
couple areas where people were fearful, and so -- and I said, well, you
could call my office, and they said, well, I wonder if we can't call your
office. Wonder if you're out of town. Wonder if anything, could we
just -- you know, could we do that?
So maybe there's a way that they can call anonymously but just to
a certain person or something who would then act upon that but
maintain the person's safety.
COMMISSIONER McDANIEL: Absolutely.
COMMISSIONER FIALA: So I agree with what you said, there
November 13, 2018
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has to be some provision, or there should be or could be but, yet, the
way we're doing it is fine.
CHAIRMAN SOLIS: Okay.
COMMISSIONER FIALA: Yeah, just so that we have a way for
people who can't.
COMMISSIONER McDANIEL: Maybe, if I might make a
suggestion, because I like the idea -- maybe I work with staff a little bit
to develop some accountability for the complainants, some -- I don't
want to call it retribution. I just want accountability for the frequent
flyer that's filing frivolous complaints. I think that would prohibit
them, but by having it the way that it is, not a lot -- if you, Joe Q
citizen, call Code Enforcement and talk to -- unless you talk to Mr.
Ossorio, they tell you you cannot file an anonymous complaint. They
don't tell you to call your county commissioner to file the anonymous
complaint. They just -- they stop right there.
COMMISSIONER FIALA: I don't think Mike and Jamie heard
what you said, but --
MR. OCHS: They heard.
COMMISSIONER FIALA: -- we wanted to cover that.
COMMISSIONER McDANIEL: That's one of the things that
maybe you're not necessarily aware of. When they call, a complainant
wants to file an anonymous complaint, by board policy that's not
allowed. But they don't -- there isn't the discussion about the followup
to say, well, call your commissioner, and they'll file a complaint on
your behalf. And we've had that. And it depends on who the code
enforcement officer is. And I'm not throwing any rocks at Code. I'm
just talking about the policy is you're not allowed, unless it's a health,
safety, and welfare issue, to file an anonymous complaint.
So maybe we could enhance the -- just as a trial basis, to enhance
the instruction that comes from Code to say, if you want to file an
anonymous complaint, your commissioner will do it for you.
November 13, 2018
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CHAIRMAN SOLIS: Yeah. I kind of assumed that that
happened, but if it's not, yeah, I'd be in favor of that.
COMMISSIONER McDANIEL: I've had several people that
have called me that have said, geez, I got -- you know, I got this guy
doing this and this -- and Michael and I talk on a regular basis, so...
CHAIRMAN SOLIS: Yeah. And I would just -- I mean, if
maybe there's just a script that could be written. Because it's not only
you can call your commissioner, but be advised you're going to have to
tell your commissioner who you are --
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SOLIS: -- as well.
COMMISSIONER FIALA: And you'll remain anonymous. The
commissioner will not divulge that.
CHAIRMAN SOLIS: Jamie's making a face.
COMMISSIONER McDANIEL: It has to be by phone, because
once it goes into writing, text, email, then it becomes a matter of public
record --
CHAIRMAN SOLIS: Yeah.
COMMISSIONER McDANIEL: -- and you can't protect the
anonymity.
CHAIRMAN SOLIS: Is there a logistical issue with doing that?
MR. FRENCH: No, sir. For the record, Jamie French, deputy
department head for Growth Management.
Commissioner, currently -- we're always evolving. As this board
is aware, we've been working with Plante Moran to come in and look
at our efficiencies as well as the way we do business. And we define
quality by the service that the client receives, and in this case it's
beyond -- the Board is our client, but also our internal customers in our
community.
So one of the things that we've recently done is as we receive
anonymous complaints, we do run them. We'll actually send an officer
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or we'll send an investigator in the field. It may not be that next day,
unless they have identified it as health/safety and that it's urgent, but
we do go by.
And we will actually take a look at the property. And if we can
visibly see something from the road or from a public entryway, then at
that point we would have a conversation with the complainant. Now,
again, it would all be based off health/safety. We're not talking about
perhaps an RV that may have been there a day too long or somebody's
boat that they had been out enjoying their weekend and they forgot to
put it back in storage within a couple days. We're simply talking about
these life-safety issues, as you mentioned, sir.
With regards to anonymous complaints, our staff is trained, and
they will ask open-ended questions to ask exactly what is going on.
We want to get a good picture before we put one of our investigators
actually in the field so that we're not putting them in harm's way as
well.
We have constant communication with our Sheriff's Department.
Mike meets with the lieutenants of each district pretty much on a
monthly basis.
Most recently you passed a card skimmer resolution where you
moved forward, and immediately we'd already met with Lieutenant
Chad Parker -- and we've known Chad for years, but we're already
working that out, and we've already brought somebody on, a former
sheriff's deputy, as a job bank associate that we can partner with the
Sheriff's Office to move forward and look at those. So we are
constantly paying attention to your direction.
And, again, we recognize that this is a very important asset to the
community. If you've noticed, our code enforcement officers, we're no
longer in military gear. We're no longer -- we no longer look like
police officers. No badges other than our county ID and, simply, we're
a county employee and we're simply there to educate and to help.
November 13, 2018
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Now, clearly, if that doesn't happen, we will go into the
enforcement action. And so when we do have repeat offenders, when
we find that there may be some drug paraphernalia or perhaps some
illegal activities going on, we partner with the Sheriff's Office to stop
that activity right then and there.
So I know Commissioner Fiala and I had a detailed discussion
last Friday about her concerns, and I met with Nick Kouloheras today.
We're going into that community, because I want to look for that
illegal construction.
And, quite honestly, when we hear this from the dais, when you're
mentioning communities, that's all we need. We know that it's a
concern to you. I don't need an -- and Mike doesn't need a call from
your aide to say "go look at this." We recognize it's a concern to you,
and we want to make sure that we're able to protect the interests of all
your constituents and that we look at this fairly.
So, again, when we do receive anonymous complaints, we will be
sending an officer by or an investigator by. We may not interact with
that property owner. But to your point, Commissioner McDaniel,
there is an ordinance -- there's an adopted policy on record that if you
do have a repeat offender, your words, with regards to falsifying
complaints, we can take action against those, and it's a $5,000 fine.
We work very closely with County Attorney Klatzkow's office, Kevin
Noell and his office, we work very closely with him, and we've only
done this with one person because, simply, when they see that
ordinance, they recognize that we mean business, and we will go after
them in the event that it's a repeat offender and it's a falsified
complaint.
So the only thing that I would -- the only thing that I would
caution, or that staff would caution, is that, anonymous or not, if we're
going to actually start processing maybe falsified complaints and have
something, it no longer is anonymous. It's a public record.
November 13, 2018
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So if we were to prosecute or if we were to take forward an order
to actually -- to pursue someone for calling in falsified complaints
remaining anonymously, then it's no longer anonymous. It then
becomes public record.
CHAIRMAN SOLIS: Right. I want to make sure I understand
our process, though. So if somebody calls in and says, I don't want to
give you my name, but I have a complaint against my neighbor, it's a
code violation, I want you to look into it, you do investigate it?
MR. FRENCH: If it's a life-safety issue, yes, sir.
CHAIRMAN SOLIS: Okay. But let's say it's not a life-safety
issue. Let's say it's my neighbor's got a boat or something or he's got
something in his backyard that I don't like or his dog barks all the time.
MR. FRENCH: Well, what we would do is we'd send an
investigator by.
CHAIRMAN SOLIS: You would, even though it's --
MR. FRENCH: They're in the neighborhood, anyway, sir. So we
would go by. We would take a look at it, that code enforcement
officer. He may not -- that boat may sit there for a few weeks.
CHAIRMAN SOLIS: Okay.
MR. FRENCH: But at the end of the day, that would be a
controlling case that he we have conversation with the property owner.
COMMISSIONER McDANIEL: Boat owner.
COMMISSIONER FIALA: That happens every single time; you
send somebody out?
MR. FRENCH: No. No, ma'am. This is something most recent
that we've recently initiated.
CHAIRMAN SOLIS: Oh, okay.
MR. FRENCH: And, again, this is primarily as a result back
from Mike and I working together, working with the community,
working with the Sheriff's Office, but even, more importantly, working
with Plante Moran on how we're actually conducting business and how
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we compare to other communities around the nation.
MR. OCHS: We will retrain or reinforce in our code enforcement
officers the current policy and make sure they're advising anonymous
complainants to work through their commission office.
COMMISSIONER FIALA: And then another thing you said you
don't have a uniform anymore or --
MR. FRENCH: They're in county uniform. I'm sorry.
COMMISSIONER FIALA: But -- well, what did you say?
MR. FRENCH: I'm sorry. They're no longer in a military type of
a -- or a police type of an outfit. It's very friendly. It's very open. It's
much like any other county --
COMMISSIONER FIALA: Just a T shirt, right?
MR. FRENCH: No, ma'am. It's a polo-type collared
county-labeled shirt. It's clearly identified that they're a county
employee.
COMMISSIONER FIALA: Okay. Because I've had a few
complaints from people not -- they're afraid to answer their door --
don't forgot we're talking about some tough neighborhoods here.
CHAIRMAN SOLIS: Yep.
COMMISSIONER FIALA: They don't want to answer that door.
They want to know that if there's -- the guy at the other end is really a
guy that works for that. They can say anything through the door.
MR. FRENCH: Yes, ma'am.
COMMISSIONER FIALA: And so you have to be a little bit
more careful about that. And I think it's helped to have some type of a
uniform or at least a code enforcement sign or something.
MR. FRENCH: If you -- they are driving a county marked
vehicle. And if you look at the picture on the --
COMMISSIONER FIALA: I don't have one.
COMMISSIONER McDANIEL: There isn't one.
MR. FRENCH: -- on your screen -- I'm sorry.
November 13, 2018
Page 223
Troy, could you pull up that first slide. You'll see this is our code
enforcement uniform, and it's clearly marked on their shirts that they're
a Collier County employee. They wear their name badge where it's
visible, and it's a county-issued uniform, so you can clearly identify
that it is a county employee.
COMMISSIONER FIALA: Okay. Now, what about a place
that's in disrepair all the time and maybe has a business that you don't
want to have in that neighborhood, is there -- and it continues to repeat
itself and, you know, arrests and everything and it continues to repeat
itself, what can you do about that?
MR. OSSORIO: Good morning, Commissioners. For the record,
Mike Ossorio, Collier County Code Enforcement.
We just amended our operating procedures that relates to repeat
and reoccurring violations. And like Jamie mentioned, that we're
working really closely with the Sheriff's Office as we speak as it relates
to any kind of drug houses, any kind of blight houses, any kind of
damaged houses from the hurricane.
Most recently we were working over in Plantation Island. There's
a lot of damage out there, so we're working with the Building
Department and the Fire Department and also the Sheriff's Office as
well.
So we just tweaked our anonymous complaints, and we just
tweaked our ability for repeat violations. So I believe next month we'll
probably have a huge number on the code enforcement -- actually, in
East Naples area, we have about 33 repeat violations going back in
front of the Code Enforcement Board. So we're looking at all that, too,
as well.
COMMISSIONER FIALA: Okay, good. And let me just make a
comment on the record. I've called Jamie before with different
problems. I don't care if it's a new parking lot that has just -- or rather
new car sales that have just gone up in a parking lot off the beaten path
November 13, 2018
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with new things or whether it be complaints or whatnot, and he's been
great.
When we've needed him to come about with pickleball things,
he's able to clean up a neighborhood so that it wasn't a disgrace for us
to look at, and he works closely with Jay Maholland who just thinks
the world of him, and I think the world of Jay as well. So it's a good
team over there. Thank you.
MR. OCHS: It's a great team. Thank you.
CHAIRMAN SOLIS: Commissioner Taylor, briefly.
COMMISSIONER TAYLOR: Yeah, just -- he's going to be
upset that I'm saying it, but the change in the policy is because of Jeff
Klatzkow, who I reached out to for a home in the CRA district. And
he just -- he's making things happen when there's repeated, repeated
problems.
COMMISSIONER McDANIEL: That was that consent-agenda
item that we talked about earlier?
COMMISSIONER TAYLOR: Yes, yes, yes.
COMMISSIONER McDANIEL: Right.
COMMISSIONER TAYLOR: I reached out to the legal minds,
gentlemen.
CHAIRMAN SOLIS: So do you need any direction, a motion for
anything to continue the way we have been?
MR. FRENCH: No, sir. We are acting within the current policy,
and we'll continue to navigate through. And if we have any concerns,
we'll certainly share them with our commissioners.
CHAIRMAN SOLIS: Great. Thank you.
COMMISSIONER TAYLOR: Are we done?
CHAIRMAN SOLIS: I think so.
COMMISSIONER FIALA: No. Don't tell me we're at the end of
our -- it's only 5:00.
November 13, 2018
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Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that takes us to Item 15, staff and
commission general communications.
I'll just give you a brief reminder on your upcoming workshops.
You have two workshops on February the 5th, one in the morning
having to do with your transit system, and at 1 p.m. on February 5th
you're going to have your fertilizer workshop that the Board had
requested.
And then on March 5th you're going to -- you're scheduled for
your discussion on Future Land Use Map and the buildout projections
that you asked to get scheduled for a workshop in the spring.
And the only other thing I have is -- and we've referenced it
several times today with the advent of the successful sales-tax
referendum. I'm going to bring an item back to the Board at the next
meeting that kind of lays out, from our perspective, the general
implementation plan as we see it. I'll show you a little bit about, at
least at this point, our preliminary schedule for the projects, let you
assign priorities to those as you'd like, and I think that way we can
keep the momentum going.
Mr. Klatzkow's office, as you know, has already advertised for
applicants for your citizens oversight committee. Probably bring that
back in January if we get enough applicants at that point.
MR. KLATZKOW: We've got many, many applicants.
COMMISSIONER TAYLOR: I'm getting emails.
MR. KLATZKOW: Very, very capable people.
COMMISSIONER TAYLOR: This is, yeah, very, very
impressive.
MR. KLATZKOW: You're going to have the pick of the litter on
November 13, 2018
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this one.
COMMISSIONER TAYLOR: Very impressive.
COMMISSIONER FIALA: Oh, good. I hope Mike has been
sending -- has your assistant been sending --
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER FIALA: -- then where to send them and the
application and so forth? Good. I hope Mike has been doing that too.
I think he has.
COMMISSIONER McDANIEL: I'm sure he has.
MR. OCHS: That's all I have, Mr. Chairman.
COMMISSIONER TAYLOR: And when is the sales tax going
to implemented?
MR. OCHS: January 1st is the effective date.
COMMISSIONER TAYLOR: Thank you.
MR. OCHS: Probably won't see any receipts from the state until
March.
CHAIRMAN SOLIS: County Attorney Klatzkow?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN SOLIS: Madam Clerk?
THE CLERK: No. Thank you so much.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: No, I have no comments, just a
particular statement. And, you know, oftentimes things go through our
consent agenda and summary agendas unsung, but I would like to offer
accolades to Commissioner Saunders for your work -- didn't mean to
wake you up -- but the work and the efforts that you have going on in
Golden Gate City. On the summary agenda, the economic zone,
development zone that you're implementing there for Golden Gate
City, I think's going to be a huge benefit. I've seen the initiatives, I've
watched what you have going on, and those are going to be amazing
things for that community. Far past due.
November 13, 2018
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COMMISSIONER SAUNDERS: Thank you. I appreciate you
saying that, and I appreciate the support the Board has given in terms
of doing that.
COMMISSIONER McDANIEL: Sure. There you are. That's all
I had, sir. Happy Thanksgiving to everybody.
COMMISSIONER TAYLOR: That's right.
MR. OCHS: Same to you.
COMMISSIONER FIALA: Well, thank you.
I would like to say the same thing about -- I'm getting calls and
saying, why don't we do that in East Naples? And we never thought
about doing that. And so they said, well, you ought to meet with him
and find out what he's doing so he can help us, too. They're talking
about things like Naples Manor and -- well, there's quite a few
sections.
And they want to know how to do it, and I said, well, maybe
you-all could have a meeting with him. Am I allowed to sit in on a
meeting to hear how he's putting that together, or does it just have to be
the people in the community? But we want to follow his example.
COMMISSIONER SAUNDERS: Well, I'll be happy to meet
with anybody that wants to talk about any of those types of issues.
Obviously, you and I cannot meet with the community together.
COMMISSIONER FIALA: I don't know. It's not something we
would have to vote on, I guess, or --
COMMISSIONER SAUNDERS: It would be a Sunshine issue.
COMMISSIONER FIALA: Maybe so. Okay, fine. So then I'll
have them arrange --
COMMISSIONER SAUNDERS: Just have them call me.
COMMISSIONER FIALA: -- to call you. Okay, good. That
was on my list, by the way.
And then the -- and second on that list but same -- under the same
topic, Happy Birthday. It was a --
November 13, 2018
Page 228
COMMISSIONER SAUNDERS: Thank you.
COMMISSIONER FIALA: I hope it was a wonderful day.
COMMISSIONER SAUNDERS: It was. It was very nice.
Thank you.
COMMISSIONER FIALA: The third thing was a little bit of a
proud thing. I love to see all the sports that are coming to the East
Naples area. It is so exciting. Here we have watersports at Sugden
and three different competition things, and there was -- I brought it in.
Who did I give it to? I brought a picture of it in. Oh, I gave it to the
fellows over there, those guys sitting in the head seats -- to show the
boats up in the air and flipping around. It was wonderful.
But, anyway, that's there. So that's there right at Sugden Park.
And then you go right around the corner and East Naples Community
Park where we're having tournaments beginning shortly with the
pickleball starting in January, I think, and a lot of tournaments every
single month, and then the big gun coming right after that. It's
wonderful.
Then right around the corner from that we have the Botanical
Garden, the jewel in -- our crown over there. Good things are
happening, and that's exciting.
And of all things, we have the swimming pool and, lo and behold,
they had swim meets in there. I think that -- we've never seen that
before over there, and the place has been so crowded. Eleven school
buses the other day. I'm sitting there watching. I go over. And I'm
sitting there watching, and all of a sudden who walks by? Steve
Carnell. He said, I knew you'd be here. So I wanted to tell you about
that.
And the last thing is, it's a little bit of business here instead
good-news stuff, and that is I got a letter -- or a request from a guy
named Jim Lang. He's very involved with the veterans, and he said a
state bill is being introduced to exempt sales tax on primary housing
November 13, 2018
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due to being in a disaster zone and requiring to relocate until such time
the owner/renter can move back in.
At present, this relocation is subject to both sales and tourist taxes
in case -- in cases of 180 days or less. They would be required to show
a lease or homestead in the case of an owner. I believe the county
would have to allow the tourist portion of this tax. This would apply to
federal disaster area and could be done as an exemption or file for a
rebate on those fees. I can be reached at so and so number. Thank you
for attending yesterday's -- oh.
So, anyway, he's wanting to know if we can do that here for our
sales tax and for our tourist tax. And I don't know who to send him to.
MR. OCHS: If I could just have that correspondence, ma'am, I'll
reach out to him.
COMMISSIONER FIALA: Okay, good. I will do that. Thank
you very much, and thank you for your indulgence.
Happy Thanksgiving.
CHAIRMAN SOLIS: Happy Thanksgiving.
Commissioner Taylor.
COMMISSIONER TAYLOR: Well, I had the experience of
reacquainting myself with the swamp buggy competition a couple
weeks ago.
COMMISSIONER McDANIEL: Were you the official flagger?
COMMISSIONER TAYLOR: No, I wasn't, but I can tell you
how exciting it was. Now, I know this sounds strange because I
remember umpty-ump years ago, '78, 79, photographing swamp
buggy. It isn't your grandmother's swamp buggy anymore.
CHAIRMAN SOLIS: It ain't your grandmama's --
COMMISSIONER TAYLOR: And I know that they don't have
heads and beds, I don't know that they don't draw, yet, from other
communities, but I would like to see what we can do to promote this,
because it's one of those things that makes our county unique.
November 13, 2018
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COMMISSIONER FIALA: That's right. I agree.
COMMISSIONER TAYLOR: No one else has swamp buggies,
and it's exciting.
COMMISSIONER FIALA: My son brought people from Idaho.
COMMISSIONER SAUNDERS: It used to be on ESPN. I
remember watching it at an airport one night when I was, I think, in
Michigan or someplace. There was the Naples swamp buggies. I don't
know if they still do that.
COMMISSIONER McDANIEL: They haven't advertised on
ESPN for probably eight, 10 years.
COMMISSIONER SAUNDERS: Why don't you bring that to
the Tourist Development Council in terms of --
COMMISSIONER TAYLOR: Well, I talked to staff, and they
said, Penny, it's not heads and beds. I mean, Jack Wert --
COMMISSIONER SAUNDERS: It could be.
COMMISSIONER TAYLOR: Well, you know, to me, if -- it's a
draw.
COMMISSIONER SAUNDERS: If there's -- if there was a way
to get -- if there was a way to get some television coverage, it would be
heads and beds. It would be advertising.
COMMISSIONER McDANIEL: Absolutely. I mean, it's -- I
remember when it would -- it used to be downtown, and then it was
over on Radio Road --
COMMISSIONER TAYLOR: Oh, I photographed it on Radio
Road.
COMMISSIONER McDANIEL: -- and now it's out on 951. So,
I mean, it's the heritage of Collier County.
COMMISSIONER TAYLOR: And what they're designed -- I
mean, I know this sounds strange for those of you that aren't into
swamp buggy, but look at the designs of these buggies and look at how
powerful they are.
November 13, 2018
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COMMISSIONER McDANIEL: Those are all my friends, so
you're --
COMMISSIONER TAYLOR: Okay. So what can we craft to --
well, chair of the TDR right here, that's you.
COMMISSIONER FIALA: I could take it back to the TDC this
month. I think we meet shortly.
COMMISSIONER TAYLOR: Yeah, at the end of the -- I don't
know. Soon. Do you meet in December or November? This is
November.
COMMISSIONER FIALA: Usually on the fourth Monday, but
we didn't meet this fourth Monday. Maybe it's -- I don't know. I know
we have another meeting before the end of the year. I can bring it
back.
COMMISSIONER TAYLOR: Okay. And I'll be in the audience
when you do.
COMMISSIONER FIALA: Good. That would be just great.
COMMISSIONER TAYLOR: I just think it's very important
now to make our county a draw besides -- because of all the issues
we're having.
COMMISSIONER FIALA: "Unique" was a perfect word.
COMMISSIONER TAYLOR: Unique. And so that's another
issue that I'm working on. I'm trying to gain support from other
counties to -- asking the legislature to set aside a dedicated fund to
convert septic to sewer. And this is not a fund that could be raided like
a Sadowski fund. This is when a project is ready, there's money there.
Now, you know, we're not all ready for our projects. And so I'm
talking to a couple folks up in Lee County. I've already talked to one
commissioner. Unfortunately, because it's lobbying the state, we can't
do it through the RPC, which I was hoping we can. But we can't. But
it's kind of on that same pattern, and I hope that I have your support for
that.
November 13, 2018
Page 232
COMMISSIONER SAUNDERS: Sure, absolutely. The
governor did -- for a couple years, they had set aside $50 million, but it
was an annual appropriation for septic to sewer.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER SAUNDERS: There's a precedent for the
state spending money for that. They've done it the last several years,
but there's no dedicated funds. It's just an annual statement.
COMMISSIONER TAYLOR: We need to have it -- we need to
show folks who are deciding that they will not come to South Florida
anymore because they're worried about red tide that we're serious
about taking care of our water. And I think this might be one way to
do it.
COMMISSIONER SAUNDERS: It would be a very good way.
COMMISSIONER TAYLOR: Now, of course, Pine Ridge is not
included in the septic to sewer.
COMMISSIONER FIALA: Oh, they can't get out of it.
COMMISSIONER TAYLOR: I had to.
CHAIRMAN SOLIS: You had to throw me under the bus.
COMMISSIONER TAYLOR: I did. I did.
But, you know, we're struggling now with, for instance, just
briefly, what happened with the Ridge Street and Frank Whiteman and
that area, is that we came after a lot of hard work -- the city came
through at about, what, 22-, 26,000 a house. And through very hard
work with incredible contributions of the county in this stormwater
sewer project, we reduced that assessment to 13-.
So it doesn't mean that folks would be given it, but it would mean
that it would help offset it and encourage folks to do this.
Okay. Got it. Great. Thank you very much.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: I have one item. With the
passage of the sales tax, I realize that it takes years to collect all of
November 13, 2018
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these funds, but there's -- we have set aside $30 million for the veterans
nursing home.
Under the state program and the federal program for developing
these, it takes a lot of time. And I'd like to get the Commission to
amend our legislative agenda, both state and federal, to direct our
lobbyists to pursue funding for a veterans nursing home. Start that this
year. It may take a year or two to move that along. But if the lobbyists
know and the state and federal officials know that we have $30
million, that we will have that at some point, I'd like to see that added
to our agenda. So, again, it will take a couple years to accumulate
money, but it will also take a couple years to get approval.
CHAIRMAN SOLIS: It could be a nice site next to a park.
COMMISSIONER SAUNDERS: It could be.
COMMISSIONER FIALA: Or a golf course.
COMMISSIONER SAUNDERS: It could be on a school site.
CHAIRMAN SOLIS: Manatee.
COMMISSIONER TAYLOR: Manatee. I was thinking
Manatee.
COMMISSIONER McDANIEL: No, no, no. Don't go there.
COMMISSIONER SAUNDERS: I thought maybe that football
field over at Naples High would be a good location for it.
COMMISSIONER FIALA: That golf course. How do we
preserve that so we'd have a place for it?
COMMISSIONER SAUNDERS: Good question. But anyway,
I'd like to --
COMMISSIONER McDANIEL: I like that idea. Moving it up on
our priorities now gets us moving right into it.
COMMISSIONER TAYLOR: Well -- and then if I have
concurrence -- and I'm going to piggyback on what you're saying --
could we also, working with our County Attorney and our County
Manager, have a request for a dedicated fund and get that in front of
November 13, 2018
Page 234
them? Because I'm -- I have no illusions that that isn't -- this is going
to happen like, you know, magic. But if we don't step up and say,
look, state legislators, we need this money. Please start putting money
aside for it --
CHAIRMAN SOLIS: It was part of Senator Passidomo's
platform for her campaign. If you go to her website, sewer to septic is
one of her main -- that's one of her three platform statements.
COMMISSIONER TAYLOR: But how? Give me the
mechanics. We need money.
CHAIRMAN SOLIS: No. I'm suggesting that -- yeah, I think
Senator Passidomo is on board with that.
COMMISSIONER TAYLOR: Good.
COMMISSIONER McDANIEL: How'd we get from the
veterans facility back to the sewer to septic?
COMMISSIONER TAYLOR: Because both of them will be put
on your legislative agenda, amend the legislative -- if there's an
agreement.
COMMISSIONER SAUNDERS: And let me ask the manager.
I'm assuming that this could be added. We don't need to come back at a
public meeting. We're in a public meeting.
MR. OCHS: Yes, sir. This is direction, yes.
COMMISSIONER TAYLOR: All right, great. Wonderful.
Thank you.
CHAIRMAN SOLIS: Commissioner Saunders, that's all? Okay.
I have been told that I've been remiss, and I have to talk about the
Artist of the Month.
COMMISSIONER TAYLOR: Yes, you have.
CHAIRMAN SOLIS: The Artist of the Month is Collier County
resident Deborah Martin. Deborah's inspiration comes from her love
for the environment of South Florida and from her concern for our
water bodies and their inhabitants.
November 13, 2018
Page 235
She creates beautiful paintings that show the fragility of nature,
and her hope is to inspire the viewer to look more lovingly at our flora
and fauna and the Gulf of Mexico. Deborah's art has been exhibited in
several shows and galleries nationwide, and they're really spectacular.
They're in the back.
Couple of other things. One, I'd like to go ahead and, if we can,
start thinking about the mental-health workshop for this coming year.
Things, I think, are going to be happening with the passage of the sales
tax. So maybe June is usually, I think, when we've done it.
MR. OCHS: Yeah. I've got a little placeholder for June,
Commissioner. Last time we talked about this, there was some
discussion about the committee putting together a strategic plan. And
once I know that's ready to go, then we can --
CHAIRMAN SOLIS: Okay.
MR. OCHS: -- we can schedule that workshop, and you'll have
the opportunity to review that in advance.
CHAIRMAN SOLIS: Right. And the -- I've been working on the
resolution for the ad hoc committee.
MR. OCHS: Yes.
CHAIRMAN SOLIS: And that will be coming up at the next
meeting in December; I believe so.
MR. OCHS: Yes.
CHAIRMAN SOLIS: That will be on the next meeting, okay, the
next agenda.
Some good-news items. There's a couple things going on today
and Wednesday at the accelerator that somebody's asked me to just
bring forward.
It's Global Entrepreneurship Week, and there's going to be two
events at the Naples Accelerator. One this evening and one tomorrow.
The one tonight is by Lasting Links, which is a member of the Naples
Accelerator that help seniors and elderly and their families protect their
November 13, 2018
Page 236
finances and guide them through steps before they lose their faculties
and become vulnerable to financial predators. So that's going to be an
interesting presentation. It's open to the public.
Also, tomorrow at 9 a.m. -- I'm sorry. Tonight, that's from 5:30 to
7:00. So if anybody's interested, you can run over there.
From 9 a.m. to 10 a.m. tomorrow, they're debuting the 1 Million
Cups Naples, which is a Kaufmann Foundation program, and there's
going to be presentations by one of the accelerator members,
Logiscool, which, if you haven't seen this, it's a fascinating thing. It's
kind of an after-school program for kids and teens that, essentially,
through games and things, teaches them how to create code. It's
fascinating and the kids --
COMMISSIONER McDANIEL: Create what?
CHAIRMAN SOLIS: Code, computer code.
COMMISSIONER McDANIEL: Oh, okay.
COMMISSIONER TAYLOR: Oh, yeah.
CHAIRMAN SOLIS: Yeah. And they've been started by a
couple of entrepreneurs, RP Sulty from Hyper Team, which is another
member, and also our own Felix Lluberes, who we probably all know,
that's created several companies.
And then there's another one. The other company that's
presenting is Marvee, a voice-first design company that specializes in
building voice experiences for older adults and families through Alexa
and Google. So these are companies that are working with technology
that's really on the cutting edge. So I thought I'd mention that.
Last, I would just -- I'm going to stand up for portables. I spent
most of my high school career in a portable. It was actually an
upgrade from the rest of the school that didn't have air-conditioning.
The portables always had air-conditioning, which was great. So it ain't
so bad.
COMMISSIONER FIALA: Let me say, I've been told portables,
November 13, 2018
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they can't stay in the portables when it rains. They have to go into the
schools.
CHAIRMAN SOLIS: I spent many a day in a rainy portable.
Very good.
COMMISSIONER TAYLOR: Yeah, they stay in them in the
rain.
CHAIRMAN SOLIS: Okay.
MR. OCHS: Happy Thanksgiving, Commissioners.
CHAIRMAN SOLIS: Thank you. Happy Thanksgiving.
*****
**** Commissioner McDaniel moved, seconded by Commissioner
Fiala and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted (Commissioner Solis
abstained from voting on Item #16A10); Item #17C Ordinance has
changes) ****
Item #16A1
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR LEGACY LAKES, PL20160001600 – A FINAL INSPECTION
WAS CONDUCTED BY DEVELOPMENT REVIEW STAFF ON
SEPTEMBER 10, 2018, IN COORDINATION WITH PUBLIC
UTILITIES, AND THE FACILITIES WERE FOUND TO BE
SATISFACTORY AND ACCEPTABLE
Item #16A2
FINAL ACCEPTANCE OF THE POTABLE WATER AND
November 13, 2018
Page 238
SEWER FACILITIES FOR TWO LAKES PLAZA,
PL20130001740, ACCEPT UNCONDITIONAL CONVEYANCE
OF A PORTION OF THE POTABLE WATER FACILITIES, AND
TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $13,556.73 TO THE PROJECT ENGINEER
OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL
WAS CONDUCTED BY STAFF ON SEPTEMBER 20, 2018, IN
COORDINATION WITH PUBLIC UTILITIES, AND THE
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A3
FINAL ACCEPTANCE OF THE SEWER FACILITIES FOR
HALDEMAN’S LANDING, PL20160000052, ACCEPT
UNCONDITIONAL CONVEYANCE OF A PORTION OF THE
SEWER FACILITIES, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $23,641.23 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT – A FINAL INSPECTION WAS CONDUCTED BY
STAFF ON SEPTEMBER 20, 2018, IN COORDINATION WITH
PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND TO
BE SATISFACTORY AND ACCEPTABLE
Item #16A4
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
November 13, 2018
Page 239
UTILITY FACILITIES FOR ARTHREX AT CREEKSIDE,
PL20160001149, 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 $6,077.95 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT – A FINAL INSPECTION WAS CONDUCTED BY
STAFF ON SEPTEMBER 28, 2018, IN COORDINATION WITH
PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND TO
BE SATISFACTORY AND ACCEPTABLE
Item #16A5
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR CAMINETTO AT MEDITERRA, PL20160003356 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – THE DEVELOPER OF
CAMINETTO AT MEDITERRA, CONSTRUCTED THE
POTABLE WATER AND SEWER FACILITIES WITHIN
DEDICATED EASEMENTS TO SERVE THE DEVELOPMENT
Item #16A6
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER UTILITY FACILITIES FOR
WALMART #1957 LIQUOR STORE ADDITION, PL20170000924
AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE
November 13, 2018
Page 240
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $5,912.49 TO THE PROJECT ENGINEER
OR THE DEVELOPER’S DESIGNATED AGENT – FOR THE
WALMART STORE AT THE I-75/IMMOKALEE ROAD
INTERCHANGE
Item #16A7
RESOLUTION 2018-196: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL
PLAT OF THE WING SOUTH AIRPARK EXTENSION,
APPLICATION NUMBER AR-14094, AND AUTHORIZING THE
RELEASE OF THE MAINTENANCE SECURITY
Item #16A8
RESOLUTION 2018-197: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF PLAT DEDICATIONS, FOR THE FINAL
PLAT OF TREVISO BAY, APPLICATION NUMBER AR-6434,
AND AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A9
RESOLUTION 2018-198: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL
PLAT OF LIPARI-PONZIANE, APPLICATION NUMBER AR-
10023, AND AUTHORIZE RELEASE OF THE MAINTENANCE
November 13, 2018
Page 241
SECURITY
Item #16A10 – Commissioner Solis abstained (During Agenda
Changes)
RESOLUTION 2018-199: FINAL ACCEPTANCE OF PRIVATE
DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF PLAT
DEDICATIONS, FOR THE FINAL PLAT OF MARENGO AT
FIDDLER’S CREEK, APPLICATION NUMBER 20160000119,
AND AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A11
RECORDING THE MINOR FINAL PLAT OF BENT CREEK
PRESERVE PHASE 2C, APPLICATION NUMBER
PL20180000470 – FOR THE DEVELOPMENT NEAR THE
INTERSECTION OF IMMOKALEE ROAD AND WOODCREST
DRIVE
Item #16A12
RECORDING THE FINAL PLAT OF ISOLA BELLA,
(APPLICATION NUMBER PL20180002267) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY – W/STIPULATIONS
Item #16A13
RECORDING THE MINOR FINAL PLAT OF LOT 8,
November 13, 2018
Page 242
SOUTHWIND ESTATES REPLAT, APPLICATION NUMBER
PL20180000406
Item #16A14
RESOLUTION 2018-200: GRANTING FINAL ACCEPTANCE OF
PUBLIC ROADWAY AND DRAINAGE IMPROVEMENTS IN A
PORTION OF A WOODCREST DRIVE RIGHT-OF-WAY AS
CONVEYED AND RECORDED IN OR BOOK 4842, PAGE 3226,
OR BOOK 4246, PAGE 1993 AND OR BOOK 4287, PAGE 2137
WITH ROADWAY AND DRAINAGE IMPROVEMENTS
MAINTAINED BY COLLIER COUNTY, AND RETURN THE
DEVELOPER’S MAINTENANCE SECURITY
Item #16A15
CLERK OF COURTS RELEASE OF A PERFORMANCE BOND
IN THE AMOUNT OF $26,000 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20180002086) FOR WORK
ASSOCIATED WITH THE ISLES OF COLLIER PRESERVE
PARCEL T
Item #16A16
RESOLUTION 2018-201: AMENDING EXHIBIT "A" TO
RESOLUTION NO. 2013-239, THE LIST OF SPEED LIMITS ON
COUNTY MAINTAINED ROADS, TO REFLECT THE
TEMPORARY REDUCTION OF THE SPEED LIMITS ON:
GOLDEN GATE BOULEVARD, FROM APPROXIMATELY
18TH STREET NW/SW TO 1000' EAST OF EVERGLADES
November 13, 2018
Page 243
BOULEVARD AND EVERGLADES BOULEVARD FROM 2ND
AVENUE NE TO 2ND AVENUE SE, FROM FORTY-FIVE (45)
MILES PER HOUR TO THIRTY-FIVE (35) MILES PER HOUR,
DUE TO DESIGN-BUILD CONSTRUCTION ACTIVITIES
ALONG GOLDEN GATE BOULEVARD (PROJECT #60145)
Item #16A17
RELEASING A CODE ENFORCEMENT LIEN WITH A VALUE
OF $17,000.10 FOR PAYMENT OF $2,000 IN CODE
ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY
COMMISSIONERS V. WILLIAM AND LAURA MARA, CODE
ENFORCEMENT BOARD CASE NO. CESD20080004753
RELATING TO PROPERTY LOCATED AT 4550 BOABADILLA
STREET, COLLIER COUNTY, FLORIDA
Item #16A18
A 2018-2019 GRANT AGREEMENT BETWEEN COLLIER
COUNTY AND THE CITY OF NAPLES FOR FY18 CITY OF
NAPLES BEACH MAINTENANCE PROJECT IN THE AMOUNT
OF $185,000, AUTHORIZE THE CHAIRMAN TO EXECUTE
AGREEMENT AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM (PROJECT NO. 90527) – FOR BEACHES,
PASS AND INLET MAINTENANCE, AND FISHING PIERS FOR
THE CITY OF NAPLES, THE CITY OF MARCO ISLAND, AND
COLLIER COUNTY FOR FY2018-2019
Item #16A19
A PURCHASE AGREEMENT FOR ACQUISITION OF LAND
November 13, 2018
Page 244
(PARCEL 345FEE) NECESSARY FOR CONSTRUCTION OF
INTERSECTION SAFETY IMPROVEMENTS AT CORKSCREW
ROAD (CR 850) AND WILDCAT DRIVE. (TRANSPORTATION
INTERSECTION SAFETY AND CAPACITY IMPROVEMENT
PROGRAM, PROJECT NO. 60016). ESTIMATED FISCAL
IMPACT: $68,370
Item #16A20
THE SELECTION COMMITTEE’S RANKING FOR RPS #18-7448
“VERIFICATION TESTING FOR GOLDEN GATE BLVD.
DESIGN-BUILD” (PHASE II), AND ENTERING INTO
NEGOTIATIONS WITH THE TOP RANKED FIRM OF
JOHNSON ENGINEERING, INC., FOR PROJECT NO. 60145.
IN THE EVENT AN AGREEMENT CANNOT BE REACHED
WITH THAT FIRM, TO CONTINUE NEGOTIATING WITH THE
REMAINING FIRMS IN RANKED ORDER TO OBTAIN A
PROPOSED AGREEMENT, WHICH WILL BE BROUGHT TO
THE BOARD CONSIDERATION AT A SUBSEQUENT
MEETING – ALSO INCLUDED IN THE COMMITTEE’S
SELECTION WERE AIM ENGINEERING SURVEYING, INC.
AND HIGHSPANS ENGINEERING, INC.
Item #16A21
AWARDING INVITATION TO BID (ITB) NO. 18-7458,
“NUISANCE MOWING AND DEBRIS REMOVAL,” TO:
COLLIER PROPERTY SPECIALIST, LLC, AND AUTHORIZING
THE CHAIRMAN TO SIGN THE AGREEMENT – CODE
ENFORCEMENT DIVISION ASSIGNED 500 LOT
MOWING/LITTER REMOVAL IN FY18 AND ANTICIPATES
November 13, 2018
Page 245
ROUGHLY 1,000 ABATEMENTS DURING FY19
Item #16A22
AUTHORIZING PAYMENT OF THE ANNUAL ASSESSMENT
FEE FOR COLLIER COUNTY’S MEMBERSHIP IN THE
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL
(SWFRPC), IN THE AMOUNT OF $107,300 FOR FY19 – THE
ANNUAL ASSESSMENT FEE IS BASED ON THE COUNTY’S
POPULATION. PAYMENTS OF $101,036, $103,140 AND
$105,060 WERE MADE TO SWFRPC IN FY16-FY18,
RESPECTIVELY
Item #16A23
A BUDGET AMENDMENT TO RECOGNIZE CARRY
FORWARD FOR PROJECTS WITHIN THE TRANSPORTATION
SUPPORTED GAS TAX FUND (313) AND TRANSPORTATION
& CDES CAPITAL FUND (310) IN THE AMOUNT OF
$246,990.22 (PROJECTS #60088, #60085, #60066, #69333, #69339
AND #69338)
Item #16A24
AUTHORIZING THE CHAIRMAN TO EXECUTE AMENDMENT
NO. 1 TO CONTRACT NO. 17327 WITH FLORIDA FISH AND
WILDLIFE COMMISSION FOR THE REMOVAL OF DERELICT
VESSELS IN THE WATERWAYS OF COLLIER COUNTY.
(PROJECT NO. 33577)
Item #16A25
November 13, 2018
Page 246
AUTHORIZING THE CHAIRMAN TO EXECUTE AMENDMENT
NO. 2 TO CONTRACT NO. 18-7245 WITH TAYLOR
ENGINEERING, INC., FOR THE COLLIER COUNTY
COMPREHENSIVE WATERSHED IMPROVEMENT PLAN
Item #16A26
SECOND AMENDMENT TO AGREEMENT NO. 17-7103 WITH
Q. GRADY MINOR AND ASSOCIATES, P.A. FOR POST-
DESIGN CONSTRUCTION ADMINISTRATION SERVICES IN
THE AMOUNT OF $190,844 FOR THE WEST GOODLETTE-
FRANK ROAD JOINT STORMWATER-SEWER PROJECT.
(PROJECT NO. 60142) – AMENDMENT NO. 2 MOVES
ALREADY ALLOCATED FUNDS IDENTIFIED FOR
CONTINGENCY AND GRANTS MANAGEMENT INTO TWO
NEW TASKS IDENTIFIED AS TASK 1.5: COUNTYWIDE
EVALUATION OF FDEP COMPREHENSIVE VERIFIED LIST,
AND TASK 1.5.1: COORDINATION OF FDEP NUMERIC
NUTRIENT CRITERIA FOR ROOKERY BAY; AS WELL AS
ALLOWING FOR LUMP SUM PAYMENTS FOR ONE OF
THOSE TASKS, AND STRIKING TASK 2.3: GRANT
MANAGEMENT FROM THE ORIGINAL AGREEMENT
Item #16A27
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
COLLIER COUNTY AND METRO FORECASTING MODELS,
LLC, IN THE AMOUNT OF $68,000 FOR ADDITIONAL WORK
TASKS ASSIGNED FOR THE UPDATE AND DEVELOPMENT
OF THE COLLIER INTERACTIVE GROWTH MODEL (CIGM)
November 13, 2018
Page 247
VERSION 3.0, TO PROVIDE POPULATION MODELING FOR
THE ENTIRE COUNTY
Item #16A28
AUTHORIZING THE CHAIRMAN TO EXECUTE AMENDMENT
NO. 1 TO CONTRACT NO. AB005 WITH THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
THE REMOVAL OF MARINE LIFE DEBRIS DUE TO RED TIDE
ON BEACHES AND WATERWAYS OF COLLIER COUNTY
(PROJECT NO. 33584) – AMENDMENT NO. 1 INCREASES THE
GRANT AMOUNT BY $75,000 TO ADDRESS THE COST OF
ADDITIONAL MARINE DEBRIS REMOVAL
Item #16A29
COMMERCIAL EXCAVATION PERMIT PL20180002282 TO
EXCAVATE AND REMOVE AN ADDITIONAL 284,085 CUBIC
YARDS OF MATERIAL FROM THE EXISTING APPROVED
EAST NAPLES MINE (PHASE 1) – THE APPLICANT WISHES
TO EXPAND OPERATION OF AN EXISTING COMMERCIAL
EXCAVATION WHICH WOULD INVOLVE REMOVING THE
BERM BETWEEN EAST NAPLES MINE PHASE 1 AND EAST
NAPLES MINE (PHASE 2) TO COMBINE THE PREVIOUSLY
APPROVED TWO LAKES INTO ONE LARGER LAKE
Item #16A30
COMMERCIAL EXCAVATION PERMIT PL20180002284 TO
EXCAVATE AND REMOVE AN ADDITIONAL 506,337 CUBIC
YARDS OF MATERIAL FROM THE EXISTING APPROVED
November 13, 2018
Page 248
EAST NAPLES MINE - PHASE 2
Item #16A31
DIRECTING STAFF TO BRING BACK AN ORDINANCE
AMENDING THE LAND DEVELOPMENT CODE TO MODIFY
THE DEFINITION OF ESSENTIAL SERVICES IN LDC SECTION
2.01.03 TO INCLUDE COMMUNICATIONS TOWERS, AND TO
ALLOW COMMUNICATION TOWERS AS A CONDITIONAL
USE WITHIN THE RURAL FRINGE MIXED USE DISTRICT-
SENDING LANDS, AND TO ALLOW APPLICATIONS FOR
SUCH COMMUNICATION TOWERS TO BE PROCESSED
UNDER THE PROPOSED NEW ZONING STANDARDS WHILE
THE LDC AMENDMENT PROCESS IS PENDING – AFTER
VETTING THROUGH COUNTY ADVISORY BODIES
Item #16A32
AUTHORIZING THE COUNTY MANAGER AND HIS/HER
DESIGNEE TO ELECTRONICALLY SUBMIT A FLOOD
MITIGATION ASSISTANCE GRANT APPLICATION AND ALL
ASSOCIATED DOCUMENTS TO THE FLORIDA DIVISION OF
EMERGENCY MANAGEMENT FOR THE COLLIER COUNTY
FREEDOM PARK STORMWATER PUMP STATION
IMPROVEMENTS PROJECT, IN THE AMOUNT OF THE TOTAL
PROJECT COST OF $1,572,500, INCLUDING AN ESTIMATED
REQUIRED LOCAL MATCH IN THE AMOUNT OF $393,125 –
AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A33
November 13, 2018
Page 249
EXTENDING THE CONTRACT AWARDED TO SOUTHERN
SIGNAL & LIGHTING, INC., AND SIMMONDS ELECTRICAL
OF NAPLES, INC., UNDER RFP #14-6229, “INSTALLATION &
MAINTENANCE OF TRAFFIC SIGNALS AND ROADWAY
LIGHTING,” FOR SIX MONTHS OR UNTIL A NEW
CONTRACT IS AWARDED – ORIGINALLY APPROVED JUNE
10, 2014, FOR AN INITIAL ONE-YEAR TERM, WITH (3)
ADDITIONAL ONE-YEAR RENEWALS. ALL RENEWALS
HAVE BEEN USED AND THE ADDITIONAL SIX-MONTH
EXTENSION IS SET TO EXPIRE DECEMBER 6, 2018
Item #16B1
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
NAPLES AND THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY TO UPGRADE WATER LINES
AND INSTALL/UPGRADE OF FIRE HYDRANTS ON BECCA
AVENUE AND PINE STREET IN THE BAYSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA – THE
BGTCRA IS LOCATED ON THE PERIPHERY OF THE CITY OF
NAPLES WATER SERVICE AREA AND HAS HISTORICALLY
EXPERIENCED LOW WATER FLOW AND PRESSURE
CONDITIONS
Item #16C1
AWARDING BID #18-7394, “WATER TREATMENT
SERVICES,” TO U.S. WATER SERVICES CORPORATION FOR
COUNTYWIDE WELL WATER TREATMENT SERVICES –
REQUIRED TO MINIMIZE OPERATIONAL DOWN TIME AND
FOR FACILITIES TO BE MAINTAINED IN TOP OPERATING
November 13, 2018
Page 250
CONDITION
Item #16C2
AWARDING REQUEST FOR PROPOSAL (RFP) #18-7324,
“GENERATOR MAINTENANCE, REPAIR & INSTALLATION,”
TO L.J. POWER, INC. AND POWERSECURE SERVICE, INC.,
RESPECTIVELY, TO PROVIDE THE COUNTY SERVICES FOR
GENERATOR MAINTENANCE, INSTALLATION, REPAIR,
FUEL POLISHING AND RENTALS – HISTORICALLY ANNUAL
EXPENDITURES FOR THESE SERVICES HAVE TOTALED
APPROXIMATELY $500,000, BUT ARE ANTICIPATED TO
INCREASE AS MORE GENERATORS ARE ADDED
THROUGHOUT PUBLIC UTILITIES WATER AND
WASTEWATER SYSTEMS
Item #16C3
AWARDING INVITATION TO BID #18-7422 “SRO WELLFIELD
TRANSFORMERS REPLACEMENT” TO SIMMONDS
ELECTRICAL OF NAPLES, INC., IN THE AMOUNT OF $59,711
TO REPLACE TWO PAD-MOUNTED TRANSFORMERS THAT
WERE DAMAGED DURING HURRICANE IRMA (PROJECT
NO. 50154) AND AUTHORIZE THE CHAIRMAN TO SIGN THE
AGREEMENT – TO MAINTAIN A RELIABLE RAW WATER
SUPPLY FOR THE REVERSE OSMOSIS WATER TREATMENT
SYSTEM AT THE SOUTH COUNTY REGIONAL WATER
TREATMENT PLANT (SCRWTP) THAT SERVES CUSTOMERS
THROUGHOUT THE SERVICE AREA
Item #16D1
November 13, 2018
Page 251
AWARDING INVITATION TO BID (ITB) #18-7444,
CONSTRUCTION OF AN RV SITE AT PEPPER RANCH, TO
EBL PARTNERS, LLC, IN THE AMOUNT OF $77,498.16, AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE
AGREEMENT
Item #16D2
“AFTER-THE-FACT” AMENDMENTS AND ATTESTATION
STATEMENTS WITH THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC. (AGENCY) FOR COMMUNITY
CARE FOR THE ELDERLY (CCE), ALZHEIMER’S DISEASE
INITIATIVE (ADI), AND HOME CARE FOR THE ELDERLY
(HCE) GRANT PROGRAMS FOR PY 18-19 SERVICES FOR
SENIORS AND TO AUTHORIZE BUDGET AMENDMENTS TO
ADJUST PREVIOUS YEAR (PY17-18) CO-PAY GOAL
BUDGETS. (NET FISCAL IMPACT $217) – THESE SERVICES
ENABLE CLIENTS TO REMAIN IN THEIR HOMES AND LIVE
WITH INDEPENDENCE AND DIGNITY
Item #16D3
“AFTER-THE-FACT” AMENDMENT AND ATTESTATION
STATEMENT WITH THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC. (AGENCY) OLDER AMERICAN
ACT TITLE III PROGRAM FOR SERVICES FOR SENIORS AND
AUTHORIZE BUDGET AMENDMENT TO ENSURE
CONTINUOUS FUNDING FOR PY 2018/2019. (NET FISCAL
IMPACT: $174,620.83
November 13, 2018
Page 252
Item #16D4
FUNDING FROM THE COLLIER COUNTY COMMUNITY
FOUNDATION IN THE AMOUNT OF $15,000 TO REPLACE
PLAYGROUND EQUIPMENT AT MCCLEOD PARK IN
EVERGLADES CITY, EXECUTE THE MEMORANDUM OF
UNDERSTANDING (MOU) FOR IMPROVEMENTS AND
RESURFACING THE TENNIS AND BASKETBALL COURTS AT
THE PARK WITH ESTIMATED $15,000 FROM PARKS
CAPITAL FUND (306), AND AUTHORIZE ANY NECESSARY
BUDGET AMENDMENTS
Item #16D5
AUTHORIZING A BUDGET AMENDMENT IN THE AMOUNT
OF $62,000 WITHIN PARKS CAPITAL FUND (306), FROM
EAST NAPLES PICKLEBALL, PROJECT #80274 TO
COMMUNITY PARK EAST NAPLES MASTER PLAN, PROJECT
#80368
Item #16D6
A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE
SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT
BOARD, INC. FOR THE DELIVERY OF THE 21ST CENTURY
LEARNING CENTERS SWIMMING SKILLS AND DROWNING
PREVENTION “MIRACLE” PROGRAM IN IMMOKALEE –
WILL PROVIDE UP TO $7,200 TO FUND THE SWIMMING
SKILLS PROGRAM DURING CAMPS HELD FROM
NOVEMBER 13, 2018 TO DECEMBER 15, 2018 AT THE
IMMOKALEE SPORTS COMPLEX
November 13, 2018
Page 253
Item #16D7
A TEN (10) YEAR UPDATE TO THE BAREFOOT BEACH
PRESERVE PARK LAND/USE MANAGEMENT PLAN WITH
THE FLORIDA OFFICE OF ENVIRONMENTAL SERVICES,
ACTING AS AGENT FOR THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND – AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16D8
AWARDING REQUEST FOR PROPOSAL (RFP) #18-7300,
SERVICES FOR SENIORS, TO ELEVEN ASH, INC., D/B/A
HEALTH FORCE; GOLDEN CARE HOME HEALTH INC.; AND
ALWAYS THERE HOME HEALTH CARE, INC. AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE
AGREEMENTS
Item #16D9
AN AGREEMENT WITH ZACK’S FOOD CART MINISTRY
CATERING, INC., IN RESPONSE TO REQUEST FOR
PROPOSAL (RFP) NO. 18-7349, “MOBILE FOOD UNIT” AND
AUTHORIZING THE CHAIRMAN TO EXECUTE THE
AGREEMENT – ZACK’S IS OFFERING A REVENUE SHARING
PLAN OF A FIXED MONTHLY CONCESSION COMMISSION
OF EIGHTEEN PERCENT (18%) OF GROSS SALES
Item #16D10
November 13, 2018
Page 254
A MORTGAGE SATISFACTION FOR THE STATE HOUSING
INITIATIVE PARTNERSHIP (SHIP) AND COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS IN THE
AMOUNT OF $ 45,787 AND RELEASE OF THE SUBSIDY
RETENTION AND AUTHORIZE A BUDGET AMENDMENT TO
RECOGNIZE CDBG PROGRAM INCOME IN THE AMOUNT OF
$35,000 – AN OWNER ASSISTED BY THE PROGRAM IS
LOOKING TO SELL HIS HOME
Item #16D11
A BUDGET AMENDMENT RECOGNIZING $196,546.01 OF
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM INCOME FOR PROGRAM YEAR 2018/2019 – FOR
INCOME EARNED JULY 1 THROUGH SEPTEMBER 30, 2018
Item #16D12
ONE (1) SATISFACTION OF MORTGAGE FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN
PROGRAM IN THE AMOUNT OF $9,602.77 – FOR PROPERTY
AT 1047 HARTLEY AVENUE, #111, ON MARCO ISLAND
Item #16D13
ONE (1) SATISFACTION OF MORTGAGE FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN
PROGRAM, WITH HOME MATCH, FOR PAYMENT IN THE
AMOUNT OF $5,400 – FOR PROPERTY AT 5216 MAPLE LANE,
IN NAPLES
November 13, 2018
Page 255
Item #16D14
SUBMITTING THE 2018 STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) INCENTIVE REVIEW AND
RECOMMENDATION REPORT TO FLORIDA HOUSING
FINANCE CORPORATION AS REQUIRED BY SECTION
420.9076 (4), FLORIDA STATUTE – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16D15
AWARDING REQUEST FOR PROPOSAL (RFP) #18-7351,
VETERANS COMMUNITY PARK PICKLEBALL
CONCESSIONAIRE, TO PICKLEBALL ENTERPRISES, LLC
AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE
AGREEMENT – TO PROVIDE SERVICES INCLUDING BUT
NOT LIMITED TO: MIXERS, LEAGUES, TOURNAMENTS,
INSTRUCTIONAL PROGRAMS, RENTALS, A MEMBERSHIP
PROGRAM, AND PRO SHOP SALES WHICH MAY INCLUDE
EQUIPMENT, CLOTHING, BEVERAGES, AND SNACKS
Item #16D16
RESOLUTION 2018-202: CONTRACT AND AN ATTESTATION
STATEMENT WITH AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC. (AAASWFL) FOR THE
EMERGENCY HOME ENERGY ASSISTANCE PROGRAM
(EHEAP), REPEAL AND SUPERSEDE RESOLUTIONS NO. 96-
268 AND 2010-122 TO ADD EHEAP TO THE LIST OF
SERVICES FOR SENIORS PROGRAMS (CCSS) THAT MAY BE
ADMINISTRATIVELY PROCESSED AND RATIFIED BY THE
November 13, 2018
Page 256
BOARD AFTER-THE-FACT, A MEMORANDUM OF
UNDERSTANDING (MOU) WITH FLORIDA POWER & LIGHT
(FPL), LEE COUNTY ELECTRIC COOPERATIVE (LCEC), AND
CENTRO-CAMPESINO FARMWORKER CENTER, AND
AUTHORIZE A BUDGET AMENDMENT TO ENSURE
CONTINUOUS FUNDING FOR PY18/19. (NET FISCAL
IMPACT: $55,757)
Item #16D17
AN EXTENSION AGREEMENT TO EXTEND THE TOURISM
AGREEMENT BETWEEN COLLIER COUNTY AND FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP),
TO COMPLETE THE T-2 FLEX AUTO COUNT PARKING
SYSTEM INSTALLATION AT DELNOR WIGGINS BEACH
PARK – TO EXTEND THE AGREEMENT THROUGH
DECEMBER 31, 2018
Item #16D18
DIRECTING THE COUNTY ATTORNEY TO ADVERTISE AND
BRING BACK FOR ADOPTION AT A LATER MEETING AN
ORDINANCE CREATING THE VANDERBILT WATERWAYS
MUNICIPAL SERVICE TAXING UNIT FOR THE SHORT-TERM
DREDGING OF WATER TURKEY BAY AS WELL AS THE
LONG-TERM MAINTENANCE OF THE CHANNEL – THE
PROPOSED ORDINANCE WILL LEVY AND ASSESS A TAX
NOT TO EXCEED ONE MIL AGAINST TAXABLE PROPERTY
WITHIN THE MSTU AREA; ALSO CREATES AN ADVISORY
COMMITTEE THAT WILL MAKE RECOMMENDATIONS TO
THE BOARD ABOUT THE SHORT-TERM AND LONG-TERM
November 13, 2018
Page 257
MAINTENANCE NEEDS FOR THE WATERWAYS WITHIN
THE MSTU AREA. THE COMMITTEE WILL CONSIST OF FIVE
(5) PROPERTY OWNERS RESIDING IN THE MSTU AREA
Item #16D19
AN AGREEMENT WITH THE STATE DEPARTMENT OF
ENVIRONMENTAL PROTECTION DIVISION OF RECREATION
AND PARKS TO PROVIDE TRANSIT SERVICE INTO DELNOR-
WIGGINS STATE PARK; AND AUTHORIZE THE CHAIRMAN
TO SIGN THE AGREEMENT – TO ALLEVIATE CONGESTION
AND PARKING LIMITATION BY PROVIDING AN
ALTERNATE MODE OF TRANSPORTATION TO ACCESS
COLLIER COUNTY BEACHES
Item #16E1
RENEWING THE CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY (COPCN) FOR COLLIER COUNTY
EMERGENCY MEDICAL SERVICES TO PROVIDE CLASS 1
ADVANCED LIFE SUPPORT TRANSPORT (ALS) FOR ONE
YEAR AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE
PERMIT AND CERTIFICATE
Item #16E2
THE PURCHASE OF GROUP HEALTH REINSURANCE
THROUGH VOYA/RELISTAR IN THE ESTIMATED AMOUNT
OF $968,567, EFFECTIVE JANUARY 1, 2019
Item #16E3
November 13, 2018
Page 258
THE REMOVAL OF AGED ACCOUNTS RECEIVABLE IN THE
NET AMOUNT OF $48,595.12 CONSIDERED UNCOLLECTIBLE
FROM THE FINANCIAL RECORDS OF VARIOUS
ADMINISTRATIVE SERVICES DEPARTMENT FUND
CENTERS IN ACCORDANCE WITH RESOLUTION 2006-252 –
FUNDS UNLIKELY TO BE COLLECTED AT THIS TIME
Item #16E4
RATIFYING PROPERTY, CASUALTY, WORKERS’
COMPENSATION AND SUBROGATION CLAIM FILES
SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT
DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15
FOR THE FOURTH QUARTER OF FY18 – ALLOWS FOR A
TIMELY RESPONSE TO CLAIMANTS AND/OR THEIR
REPRESENTATIVES
Item #16E5
EXTENDING CONTRACT #14-6253 “COMMUNICATION
SERVICES” WITH AZTEK COMMUNICATIONS OF SOUTH
FLORIDA, INC., FOR 6-MONTHS OR UNTIL A NEW
CONTRACT IS AWARDED – PRIMARILY USED FOR IT
NETWORK CABLE RUNS AND REPAIRS TO CONNECT PCS,
PHONES, ETC., TO THE COUNTY’S NETWORK
Item #16E6
SUBMITTAL OF AN EMS MATCHING GRANT APPLICATION
TO THE FLORIDA DEPARTMENT OF HEALTH FOR THE
November 13, 2018
Page 259
PURCHASE OF POWER STRETCHERS FOR A TOTAL OF
$221,000 (MATCH $55,250) – WILL OUTFIT THE REMAINING
AMBULANCES WITH POWERED STRETCHERS
Item #16E7
AN ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16E8
THE SALE AND DISPOSAL OF SURPLUS ASSETS PER
RESOLUTION 2013-095 VIA PUBLIC AUCTION ON
NOVEMBER 17, 2018; APPROVE THE ADDITION OF SURPLUS
ITEMS RECEIVED SUBSEQUENT TO THE APPROVAL OF
THIS AGENDA ITEM FOR SALE IN THE AUCTION; AND
AUTHORIZE THE PROCUREMENT DIRECTOR, AS DESIGNEE
FOR COUNTY MANAGER, TO SIGN FOR THE TRANSFER OF
VEHICLE TITLES – ASSETS CONSIDERED OBSOLETE,
UNECONOMICAL OR INEFFICIENT, THAT SERVE NO
USEFUL PURPOSE TO COUNTY OPERATING DIVISIONS
AND OBTAIN REVENUE FOR THE COUNTY
Item #16E9
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
November 13, 2018
Page 260
BOARD APPROVAL – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16F1
THE USE OF TOURIST DEVELOPMENT TAX PROMOTION
FUNDS TO SUPPORT UPCOMING SPORTS TOURISM EVENTS
IN DECEMBER 2018 AND JANUARY 2019 FOR UP TO $29,250
AND MAKE A FINDING THAT THESE EXPENDITURES
PROMOTE TOURISM – FOR FLORIDA STATE PICKLEBALL
CHAMPIONSHIPS ON DECEMBER 7-9, 2018; THE GATORADE
COLLEGE SHOWCASE ON DECEMBER 8-9, 2018 AND
GULFCOAST HOLIDAY HOOPFEST ON DECEMBER 27-30,
2018
Item #16F2
RESOLUTION 2018-203: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2018-19
ADOPTED BUDGET
Item #16J1
ENDORSING THE UNITED STATES DEPARTMENT OF
JUSTICE AND UNITED STATES DEPARTMENT OF
TREASURY COMBINED EQUITABLE SHARING AGREEMENT
AND CERTIFICATION THROUGH SEPTEMBER 30, 2019 – FOR
JOINT INVESTIGATIONS IN WHICH THE SHERIFF’S OFFICE
WORKS WITH THE US DEPARTMENT OF JUSTICE AND US
DEPARTMENT OF TREASURY TO ENFORCE FEDERAL
November 13, 2018
Page 261
CRIMINAL LAWS
Item #16J2
A REPORT TO THE BOARD REGARDING THE INVESTMENT
OF COUNTY FUNDS AS OF THE QUARTER ENDING
SEPTEMBER 30, 2018
Item #16J3
DETERMINING VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
NOVEMBER 7, 2018 – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16J4
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH REFERENCED DISBURSEMENTS WERE DRAWN FOR
THE PERIODS BETWEEN OCTOBER 11 AND OCTOBER 31,
2018 PURSUANT TO FLORIDA STATUTE 136.06
Item #16K1
RESOLUTION 2018-204: REAPPOINTING A MEMBER TO THE
IMMOKALEE BEAUTIFICATION MSTU ADVISORY
COMMITTEE – REAPPOINTING ANDREA HALMAN TO THE
TERM EXPIRING SEPTEMBER 23, 2022
November 13, 2018
Page 262
Item #16K2
RESOLUTION 2018-205: APPOINTING A MEMBER TO THE
COLLIER COUNTY PLANNING COMMISSION,
REPRESENTING COMMISSION DISTRICT 3 – APPOINTING
KARL FRY TO A 4-YEAR TERM EXPIRING OCTOBER 1, 2022
Item #16K3
RESOLUTION 2018-206: APPOINTING A MEMBER TO THE
HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD –
APPOINTING GEORGE GUNNAR THOMPSON TO THE TERM
EXPIRING OCTOBER 1, 2021
Item #16K4
A STIPULATED FINAL JUDGMENT FOR FINAL
COMPENSATION IN THE AMOUNT OF $10,350 FOR PARCEL
250RDUE, PLUS $2,488 IN STATUTORY ATTORNEY FEES
AND COSTS, AND $3,125 FOR EXPERT FEES AND COSTS, IN
THE LAWSUIT STYLED COLLIER COUNTY V. PEDRO E.
PENA, ET AL, CASE NO. 15-CA-0350, REQUIRED FOR
GOLDEN GATE BOULEVARD WIDENING PROJECT NO.
60040. (FISCAL IMPACT: $14,563)
Item #16K5
A STIPULATED FINAL JUDGMENT FOR FINAL
COMPENSATION IN THE AMOUNT OF $87,500 FOR PARCEL
300RDUE, PLUS $18,381 IN STATUTORY ATTORNEY FEES
AND COSTS, AND $2,967 FOR EXPERT FEES AND COSTS, IN
November 13, 2018
Page 263
THE LAWSUIT STYLED COLLIER COUNTY V. BLD
ASSOCIATES, LLC, ET AL, CASE NO. 16-CA-1214, REQUIRED
FOR GOLDEN GATE BOULEVARD EXPANSION PROJECT NO.
60145. (FISCAL IMPACT: $46,348)
Item #16K6
A SETTLEMENT AGREEMENT IN THE AMOUNT OF $19,000
TO SETTLE THE LAWSUIT STYLED JUNE PRESTON V.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
CASE NO. 2:18-CV-30-FTM-99CM NOW PENDING IN THE
UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF
FLORIDA FORT MYERS DIVISION
Item #16K7
A MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT
OF $25,000, PLUS $7,664.25 IN STATUTORY ATTORNEY FEES,
AND $3,000 FOR EXPERT COSTS, TO SETTLE FULL
COMPENSATION FOR THE TAKING OF PARCEL 233RDUE IN
THE CASE STYLED COLLIER COUNTY V. ARABEL
SUBIAUT, ET AL., CASE NO. 14-CA-2762, REQUIRED FOR
WIDENING OF GOLDEN GATE BOULEVARD, PROJECT NO.
60040. (FISCAL IMPACT: $33,889.25)
Item #16K8
COMPLYING WITH A COURT ORDER OF THE FEDERAL
DISTRICT COURT IN FT. MYERS AWARDING THE
DEFENDANT, RTG, LLC, $162,502.50 IN ATTORNEYS’ FEES
INCURRED BOTH IN THE DISTRICT COURT AND ON
November 13, 2018
Page 264
APPEAL IN THE CASE OF COLLIER COUNTY V. RTG, LLC
(CASE NO. 2:17-CV-14-FTM-38CM)
Item #16K9
AUTHORIZING THE COUNTY ATTORNEY TO INITIATE ANY
LEGAL ACTION HE DEEMS NECESSARY TO PREVENT A
RESIDENTIAL HOME FROM BEING USED IN A MANNER
WHICH CREATES A PUBLIC NUISANCE – FOR PROPERTY
AT 3339 CANAL STREET IN NAPLES
Item #16K10
A SETTLEMENT AGREEMENT AND MUTUAL RELEASE IN
THE LAWSUIT STYLED FREDERICK STEVENS V. COLLIER
COUNTY (CASE NO. 17-CA-1201), NOW PENDING IN THE
CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN
AND FOR COLLIER COUNTY, FLORIDA, FOR $30,000, WITH
PAYMENT TO BE MADE BY NON-PARTIES AND NO
CONTRIBUTION MADE BY COLLIER COUNTY
Item #17A
ORDINANCE 2018-53: AN ORDINANCE AMENDING
ORDINANCE NO. 99-97, THE COLLIER TRACT 21 PLANNED
UNIT DEVELOPMENT BY ALLOWING AUTOMOTIVE
VEHICLE DEALERS AS A PRINCIPAL USE, ALLOWING A
HOTEL UP TO 200 ROOMS INSTEAD OF 100 ROOMS, AND
ESTABLISHING A TRAFFIC TRIP CAP FOR THE
COMMERCIAL TRACT; PROVIDING A PARKING DEVIATION
FOR A LUXURY AUTOMOBILE DEALERSHIP; AND BY
November 13, 2018
Page 265
PROVIDING AN EFFECTIVE DATE. THE COMMERCIAL
PARCEL, CONSISTING OF 3.4+/- ACRES OF THE 267.44-ACRE
PUD, IS LOCATED ON THE WEST SIDE OF US 41 AND
APPROXIMATELY 2,200 FEET NORTH OF 111TH AVENUE IN
SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA. (THIS IS A COMPANION TO
AGENDA ITEM #17B)
Item #17B
ORDINANCE 2018-54: THE OLD COLLIER GOLF CLUB, INC.
SMALL-SCALE AMENDMENT TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS
AMENDED, AND TRANSMIT TO FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY. (ADOPTION HEARING)
(PL20180000038/CPSS-2018-2) [COMPANION TO AGENDA
ITEM #17A]
Item #17C – Adopted w/changes (to include the cities and an
opt-out provision)
ORDINANCE 2018-55: ESTABLISHING SECURITY MEASURES
FOR RETAIL GAS STATIONS TO HELP PREVENT THE USE
OF CREDIT CARD SKIMMERS
Item #17D
ORDINANCE 2018-56: CREATING THE GOLDEN GATE CITY
ECONOMIC DEVELOPMENT ZONE TO FACILITATE
ECONOMIC DEVELOPMENT BY ESTABLISHING AN
ECONOMIC DEVELOPMENT PLAN AND TRUST FUND,
November 13, 2018
Page 266
SETTING A BASE TAX YEAR FOR THE FUND, AND
REIMBURSING ELIGIBLE EXPENDITURES AS AUTHORIZED
IN ADVANCE BY THE BOARD FOR USE IN ENCOURAGING
ECONOMIC GROWTH
Item #17E
RESOLUTION 2018-207: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2018-19
ADOPTED BUDGET
*****
November 13, 2018
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:18 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPEC L IST ',pole UNDER ITS CONTROL
ANDY SOLIS, CHAIRMAN
ATTEST
CRYSTAL K. KIN ,EL, CLERK
, ,. P--ytcui.,., c:4 toe-
r--F1
Attcs t as to Chairman:,--s-J`.
(
signature only,
These minutes approved by the Board on -D -c- L \ 2o1 W,
as presented \/ or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 267
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Andrew I. Solis Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY t$COUNTY CIOTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Colliernty
DATE ON WHICH VOTE OCCURRED MY POSITION CoIS:
November 13, 2018 MY IS: ii ELECTIVE CI APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city,or other local level of government on an appointed or elected board,council,
commission,authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
• •
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
! k / f fr t N f k ♦ f Y f t t ;
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis hereby disclose that on November 13 20 18
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, •
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of a client of my law firm by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On November 13,2018,the Board of County Commissioners will consider Agenda Item 16-A-10, a
recommendation to approve a Resolution for final acceptance of the private drainage improvements,and
acceptance of the plat dedications,for the final plat of Marengo at Fiddler's Creek and authorize the release of
the maintenance security.
The Developer, Lennar Homes, LLC, is a client of my law firm and in an abundance of caution, I will abstain from
voting pursuant to Section 286.012, Fla. Stat.to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
•t
tf
November 13,2018 a
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.