BCC Minutes 02/26/2019 RFebruary 26, 2019
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, February 26, 2019
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: William L. McDaniel, Jr.
Burt L. Saunders
Donna Fiala
Andy Solis
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
Page 1
February 26, 2019
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
February 26, 2019
9:00 AM
Commissioner William L. McDaniel, Jr., District 5 - Chair; CRAB Co-Chair
Commissioner Burt Saunders, District 3 – Vice-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Andy Solis, District 2
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 PETITION 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
Page 2
February 26, 2019
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A) Invocation by Rabbi Ammos Chorny of Beth Tikvah Synagogue
2. AGENDA AND MINUTES
A) Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B) February 5, 2019 - BCC/Transit System Workshop
C) February 5, 2019 - BCC/Fertilizer Ordinance Workshop Meeting Minutes
3. AWARDS AND RECOGNITIONS
A) EMPLOYEE
Page 3
February 26, 2019
B) ADVISORY BOARD MEMBERS
C) RETIREES
D) EMPLOYEE OF THE MONTH
1) Recommendation to recognize Ben Bullert, Senior Project Manager,
Public Utilities Department as the January 2019 Employee of the
Month.
4. PROCLAMATIONS
5. PRESENTATIONS
A) Presentation of the Leadership Collier Foundation James V. Mudd
Fellowship Award. To be presented by Len Golden Price, Leadership
Collier Class of 2007.
B) Presentation regarding the impact of storm shutters on fire safety. To be
presented by Chief Tabatha Butcher, Collier County EMS, representing the
Collier County Fire Chiefs Association.
6. PUBLIC PETITIONS
A) Public petition from Tom Despard to propose measures to improve sound
dampening in new multifamily dwellings (not more than three stories in
height) built in Collier County.
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
Page 4
February 26, 2019
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 #9A)
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 #8A)
B) This item to be heard immediately following Item #11A.
Recommendation to approve a resolution, pursuant to section
197.3632(3)(a), Florida Statutes, to preserve the right to utilize the uniform
method of collecting non-ad valorem special assessments, as part of and in
consideration of a Stormwater Utility within the unincorporated area of the
County. (This is a companion to Agenda Item #11A)
10. BOARD OF COUNTY COMMISSIONERS
A) Recommendation that the Board of County Commissioners, acting as the
Airport Authority revisit Resolution No. 2018-218 as adopted by the Board
of County Commissioners on the Consent Agenda as #16G1 on December
11, 2018, approving the proposed rate schedules for the Everglades Airpark,
Immokalee Regional Airport and Marco Island Executive Airport for 2019.
11. COUNTY MANAGER'S REPORT
A) Recommendation to approve staff’s recommendation to continue moving
forward with implementing a Limited Stormwater Utility Fee to fund
operations and maintenance of the County’s Stormwater Management
System, for future consideration by the Board of County Commissioners.
(Amy Patterson, GMP Capital Projects Planning Director)
(This is a companion to Agenda Item #9B)
B) Recommendation to temporarily suspend new capital expenditures for the
Page 5
February 26, 2019
Landscape Beautification program and reallocate existing capital funding to
cover increased program maintenance costs. (Joe Delate, Principal Project
Manager, Road Maintenance)
C) Recommendation to approve an Agreement with Quality Enterprises USA,
Inc., for Invitation to Bid No. 18-7483, “Replacement of Process Air
Blowers 3 through 6 at the South County Water Reclamation Facility,” in
the amount of $1,082,730, for Project #70203, authorize the necessary
budget amendments, and authorize the Chairman to execute the attached
agreement. (Tom Chmelik, Public Utilities Engineering & Project
Management Division)
D) Recommendation to award an Agreement for Invitation to Bid No. 18-7488
“Asphalt Maintenance & Related Roadway Services” to Preferred Materials,
Inc. (primary contractor) and Ajax Paving Industries of Florida, Inc.
(secondary contractor). (Joe Delate, Principal Project Manager, Road
Maintenance)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
A) This item to be heard immediately following Item #7 - Public Comments
Presentation of the Comprehensive Annual Financial Report for the fiscal
year ended September 30, 2018 and authorization to file the related State of
Florida Annual Local Government Financial Report with the Department of
Financial Services.
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
Page 6
February 26, 2019
------------------------------------------------------------------------------------------------------------
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.
------------------------------------------------------------------------------------------------------------
A) GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to award Contract Number 18-7448, for
“Verification Testing for Golden Gate Boulevard Design-Build Phase
II” to Johnson Engineering Inc., in the amount of $296,168, and
authorize the Chair to execute the attached agreement. (Project
#60145)
2) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
Greyhawk at Golf Club of the Everglades Phase 2A, PL20170001524
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.
3) Recommendation to grant final acceptance of the private roadway and
drainage improvements for the final plat of Verona Pointe Estates,
Application Number PL20150001537 with the roadway and drainage
improvements being privately maintained; acceptance of the plat
dedications, and authorizing the release of the maintenance security.
4) Recommendation to approve a Resolution for final acceptance of the
roadway and drainage improvements, and acceptance of the plat
dedications, for the final plat of Faith Landing Phase Three,
Application Number PL20140000050, and authorize the release of the
maintenance security.
5) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Maple Ridge at Ave Maria,
Phase 6B, (Application Number PL20180001175) approval of the
Page 7
February 26, 2019
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
6) Recommendation to approve a Supplemental Agreement that amends
FDOT LAP Agreement #436971-1-98-01 by providing an additional
$113,469 in funding to Collier County for traffic count equipment
purchases, a Resolution in support of the LAP Agreement, and that
the Board authorize a purchase of Wavetronix traffic count equipment
including repairs and upgrades by the manufacturer, as supported by
the Proprietary Product Certification FDOT obtained under the LAP
Agreement through Fiscal Year 2023, and to accept the time extension
granted by FDOT for the LAP Agreement through October 1, 2019
and authorize the budget amendment.
7) Recommendation to approve an agreement for the purchase of land
(Parcel 1221POND) required for the Vanderbilt Beach Road
Extension (Project 60168). Estimated Fiscal Impact: $81,500.
8) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $44,172 which was posted as a
guaranty for Excavation Permit Number 60.161, PL20170003239 for
work associated with Logan Landings.
9) Recommendation to provide an after-the-fact approval for
Amendment No.1 to Emergency Watershed Protection Program
Agreement #NR184209XXXXC028, between Collier County and the
US Department of Agriculture, Natural Resources Conservation
Services increasing total funding to address storm related debris in
Collier County waterways and to maintain an appropriate conveyance
system for an adequate flood protection level of service (LOS); and
authorize any necessary budget amendments.
10) Recommendation to approve waiving the boat dock extension
application fees for PL20180003485 and applicable building permit
fees to remove and replace an existing boat dock located at 3266
Lakeview Drive, Naples, FL 34112.
11) Recommendation to award an Agreement for Invitation to Bid No. 19-
7511, “Davis Boulevard Landscape Maintenance” to Florida Land
Page 8
February 26, 2019
Maintenance, Inc. d/b/a Commercial Land Maintenance.
B) COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board, acting as the Community
Redevelopment Agency Board (CRAB), approve an Access Easement
over property owned by the Community Redevelopment Agency in
the Gateway Triangle Mixed Use District Overlay.
C) PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award Solicitation #18-7487, “Collection and
Recycling of Latex Paint,” to Clark Environmental, Inc.
2) Recommendation to approve the termination and release of temporary
construction easements acquired for the water facilities construction in
the case entitled Collier County v. Lord’s Way Realty LLC.
D) PUBLIC SERVICES DEPARTMENT
1) Recommendation to authorize a Budget Amendment recognizing
$36,971.43 in program income and recaptured funds received under
the Home Investment Partnership Program (HOME).
2) This item was continued from the January 22, 2019 BCC meeting.
Recommendation to award six (6) Agreements for Request For
Qualifications (RFQ) #18-7459 “Exotic Vegetation Removal” to
multiple vendors and authorize the Chairman to execute the
Agreements.
3) Recommendation to adopt a resolution to implement a co-payment
waiver procedure for seniors who are enrolled in the Community Care
for the Elderly and Alzheimer’s Disease Initiative state grants
administered by the Community and Human Services Division (CHS).
4) Recommendation to approve and authorize the Chairman to sign the
First Amendment to the Emergency Solutions Grant (ESG)
Subrecipient Agreements with NAMI Collier County and Collier
County Hunger and Homeless Coalition, Inc., and the First
Page 9
February 26, 2019
Amendment to the HOME Subrecipient Agreement with Oak Marsh,
LLC and execute a letter of commitment for a specific home assisted
project. This Item has no new Fiscal impact.
5) This item was continued from the February 12, 2019 BCC
meeting. Recommendation to authorize expenditures for the
subscription to Hoopla streaming service from Midwest Tape, LLC
(Midwest Tape) for Library patron use in an amount not to exceed
$200,000 per Fiscal Year, as budgeted, through FY2021.
6) This item was continued from the February 12, 2019 BCC
Meeting. Recommendation to authorize expenditures for
subscriptions to Flipster, Discovery Service, NoveList Plus, and
NoveList Select, proprietary software offered through EBSCO
Industries, Inc. (EBSCO), for Library patron use in an amount not to
exceed $150,000 per Fiscal Year, as budgeted, through FY2021.
E) ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to renew the annual Certificate of Public
Convenience and Necessity for a Class 1 and Class 2 Advanced Life
Support (ALS) Rescue and intra-facility ambulance transport for the
Seminole Tribe of Florida Fire Rescue within the boundary of the
Seminole Tribe in Immokalee.
2) Recommendation to approve an Assumption Agreement assigning all
rights, duties and benefits, and obligations to GE Digital LLC under
Agreement #17-7189 for software licensing and support services of
Public Utilities Division’s Supervisory Control and Data Acquisition
(SCADA) systems.
3) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
4) Recommendation to approve expenditures for legal and non-legal
advertisements as exempted procurements and authorize the Chairman
to sign the Agreement.
Page 10
February 26, 2019
5) Recommendation to approve a Certificate of Public Convenience and
Necessity for a Class 2 non-emergency inter-facility ambulance
transports to Just Like Family Concierge Medical Transport Services,
LLC (D.B.A. Concierge Medical Transport) to allow post-hospital
inter- facility medical ambulance transfer ambulance services.
F) COUNTY MANAGER OPERATIONS
1) Recommendation to approve the year two “Printing of Visitor
Guides” for the Tourism Division under the ITB #18-7247 award to
Publication Printers Corporation to print 75,000 copies of the 2019
Collier County Visitor Guides for a not to exceed amount of
$33,183.40 and make a finding that this action promotes tourism.
2) Recommendation to approve a new Interlocal Agreement with the
City of Naples for office space in the Norris Center to house the
Collier County Film Office staff, authorize the Chair to sign the
County Attorney approved Agreement, authorize all required
expenditures for this purpose, and make a finding that this item
promotes tourism.
3) Recommendation to award four (4) Agreements for Request for
Qualification (RFQ) #18-7412 “Video Capture and Production” to:
Paradise Coast TV, LLC, SoundStyle Inc. dba The Naples Studio,
Contender Productions Studios, Inc., and Full Moon Creative, LLC,
authorize the Chairman to execute the Agreements with awarded
contractors, and make a finding that these expenditures promote
tourism.
4) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively.
5) 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
Page 11
February 26, 2019
1) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, approve and authorize the
Airport Manager to execute the revised attached standard tie-down
agreement for the Everglades Airpark, Immokalee Regional Airport
and Marco Island Executive Airport.
H) BOARD OF COUNTY COMMISSIONERS
I) MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence
J) OTHER CONSTITUTIONAL OFFICERS
1) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of February
20, 2019.
2) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between January 31, 2019 and February 13, 2019 pursuant to
Florida Statute 136.06.
K) COUNTY ATTORNEY
1) Recommendation to adopt a Resolution setting the place and time for
the Clerk, with the assistance of the County Attorney’s office, to open
and count the mail ballots of the nominees to fill the vacancies on the
Pelican Bay Services Division Board.
2) Recommendation to appoint one member to the Immokalee
Beautification MSTU Advisory Committee.
3) Recommendation to reappoint a member to the Collier County Code
Enforcement Board, and reclassify an alternate member as a regular
member.
4) Recommendation to direct the Hearing Examiner to hear the appeal
Page 12
February 26, 2019
filed by London of Naples, Inc. of the administrative denial of the
Insubstantial Site Plan Amendment SDPI-PL20180002049 for
Gateway formerly known as Trio. The subject property consisting of
1.98 ± acres is in the General Commercial (C-4) zoning district within
the Mixed Use Subdistrict of the Gateway Triangle Mixed Use
Overlay at the eastern corner of the intersection of Davis Boulevard
and Tamiami Trail East in Section 11, Township 50 South and Range
25 East, in Collier County, Florida. [PL20190000305]
------------------------------------------------------------------------------------------------------------
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 Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20180001954, to disclaim, renounce and vacate the County and the public
interest in a portion of the 40-foot drainage easement, as described in Book
1065, Page 582 of the Official Records of Collier County, Florida, located in
the rear yard of Lot 35, Queens Park at Lago Verde Phase 2 subdivision, on
the south side of Kent Drive, approximately one-half mile north of
Rattlesnake Hammock Road, in Section 18, Township 50 South, Range 26
East, Collier County, Florida.
B) Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2018-19 Adopted Budget.
C) Recommendation to adopt an ordinance amending ordinance No. 2002-63,
which established the Conservation Collier Program.
Page 13
February 26, 2019
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
February 26, 2019
Page 2
MR. OCHS: Mr. Chairman, you have a live mike.
Ladies and gentlemen, if you'd please come to order.
CHAIRMAN McDANIEL: Good morning, everyone.
If you would, with me, please, let's have our invocation by Rabbi
Ammos Chorny of Beth Tikvah Synagogue.
Item #1A
INVOCATION BY RABBI AMOS CHORNY OF BETH TIKVAH
SYNAGOGUE – INVOCATION GIVEN
RABBI CHORNY: We have gathered here today intent on
doing good work and seek to represent fairly and well those who
have given us this task.
May our efforts be blessed with insight and guided -- and be
guided by understanding and wisdom. Today may we be open to
other's ideas and beliefs, respectful of our differences, not threatened
by them. May we grow in understanding of our own motives
knowing that people often act out of their own fears. May we be a
force for replacing those fears with insight, helping all to be patient
and kind.
Strength, real strength, and always find compromise, working
together, may we find a common ground enabling us to move
forward with a shared purpose. May we see what is truly important
and unite us to banish roadblocks of ego and fear. Today may we be
open to other's ideas and beliefs.
As we seek to serve with respect for all, may our personal faith
give us strength to act honestly and well in all matters before us.
Amen.
CHAIRMAN McDANIEL: Commissioner Fiala, would you be
so kind and lead us this morning.
February 26, 2019
Page 3
COMMISSIONER FIALA: I would be happy. Please put your
hands over your hearts and say with me:
(The Pledge of Allegiance was recited in unison.)
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) – MOTION TO CONTINUE ITEM #11A
UNTIL THE SECOND MEETING IN MARCH – APPROVED
MR. OCHS: Good morning, Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners' meeting of February 26th, 2019.
The first proposed change is to reschedule Item 6A, this is a
public petition request, to your March 26th, 2019, board meeting.
That request was made by the public petitioner.
The next proposed change is to move Item 17C from your
summary agenda to become Item 9C under your advertised public
hearings. This is a recommendation to adopt the final ordinance
amendments for the Conservation Collier ordinance. This move was
made at Commissioner Saunders' request.
The next proposed change is to add Item 10B to the agenda
under Board of County Commissioners. This is a discussion of
contract deliverables and outstanding pay requests regarding the
contract between Economic Incubator, Incorporated, and the Board.
This was added at Commissioner Saunders' request.
The next proposed change is to move Item 16A11 from the
consent agenda to become Item 11E. This is a recommended contract
award for landscape maintenance services for the Davis Boulevard
February 26, 2019
Page 4
median landscape improvements. That move was made at
Commissioner McDaniel's request.
The next proposed change is to move Item 16K from the County
Attorney consent agenda to become Item 12A, and this is a
recommendation regarding the role of the Hearing Examiner and
appeal process with a land development -- proposed development.
That move was made at both Commissioner Fiala and Commissioner
McDaniel's separate request.
The next proposed change is to move Item 16B1 from the
consent agenda. That will be moving to Item 14B1 under your
Community Redevelopment Agency. And this is a recommendation
to approve an access easement over county-owned property in the
Gateway/Triangle mixed-use district. That move was made at
Commissioner McDaniel's request.
Mr. Chairman, we have a couple of time-certain items scheduled
today. The first will be Item 13A. That's the presentation of your
annual consolidated financial report, and that is scheduled to be heard
immediately following Item 7A on your agenda, which is public
comments.
The next time-certain is Item 10B. That's requested to be heard
immediately following the presentation on 13A.
And, finally, Item 9B will be heard immediately following 11A,
as they are companion items.
And those are all the changes that I have so far, Mr. Chairman.
CHAIRMAN McDANIEL: Yes. And then since we're going to
go through the ex parte and the agenda approved -- because I want
everyone to hear this in no uncertain terms. First off, I want you all
to keep Commissioner Solis and his family in your prayers. They're
having a really tough time right now. And I will not hear anything
today that is of consequence if Commissioner Solis cannot be with us
because of his personal family issues. They will be continued.
February 26, 2019
Page 5
Reporters and the like, folks that are coming here, we will defer
until our first meeting in March for and on that behalf. We're going
to move around. We're going to do the best we can to get through
everything, but there are certain things in life that are far more
important than what we're doing right here. Understood?
(No response.)
CHAIRMAN SOLIS: So with that, on a happy note,
Commissioner Fiala?
COMMISSIONER FIALA: Yes. Would you like me to declare
my --
CHAIRMAN McDANIEL: I would like for you to declare your
ex parte and if we have any other adjustments to the agenda.
COMMISSIONER FIALA: Thank you very much. As far as ex
parte goes, I have no disclosures on either the consent or the
summary judgment. I have no changes, no corrections, and I make a
motion to approve once we're done.
CHAIRMAN McDANIEL: Okay. We'll get to that in a second.
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: Commissioner Saunders, how about
you?
COMMISSIONER SAUNDERS: I have no additional changes,
and I don't believe I have any ex parte on the --
CHAIRMAN McDANIEL: Consent agenda or summary? Very
good.
Commissioner Taylor.
COMMISSIONER TAYLOR: I have no ex parte on the
consent, but I am requesting that the stormwater, if indeed we hear it,
will be heard at 1 o'clock or later. There's a significant amount of
public that our office has contacted, and given the seriousness of
Commissioner Solis' family issue, we have let folks know that we
don't know what's going to happen, but that we would know first
February 26, 2019
Page 6
thing in the morning, and so at this point I'd like to request a 1 p.m.
time-certain. And then, depending on Commissioner Solis' situation,
we'll determine whether or not he can even participate.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: My understanding is that
Commissioner Solis will be here this morning and will be here until
probably about 12:00 or 12:30.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: So to set something at 1
o'clock would be --
CHAIRMAN McDANIEL: The potential of us hearing it after 1
o'clock is slim. If we set it for a time-certain and he is not here, as
I've already stated, it's going to be my suggestion that we continue all
pertinent items for and until his return in the first meeting in March.
COMMISSIONER TAYLOR: Well, if that is your decision, I
would like to second it, if that's your motion because --
CHAIRMAN McDANIEL: We have to -- I want to get this
before we go there.
COMMISSIONER SAUNDERS: Mr. Chairman, also, everyone
knows I've not been supportive of moving forward with the
stormwater thing, but we have a March 1st deadline; that's why it's on
the agenda today. So the only point I was making is if we want to
hear this when Commissioner Solis is here, we need to do that in the
morning as opposed to the afternoon. And continuing this item until
sometime -- our first meeting in March doesn't do any good in te rms
of that particular deadline.
CHAIRMAN McDANIEL: Point of clarification. I was under
the understanding that the only critical thing for today was the voting
for the advertising to allow for the legal statutory requisites for that.
Should the Board in the future elect to enact a utility fee we have to
vote on the advertising today.
February 26, 2019
Page 7
MR. OCHS: That is correct.
CHAIRMAN McDANIEL: Okay. So that 1st of March date is,
that's the only thing that's critical that we need to vote for or against
while he's here.
COMMISSIONER SAUNDERS: I thought all --
CHAIRMAN McDANIEL: The actual enactment of the utility
can be continued should he not be here, and so moving it to 1 o'clock
is okay with me, if it's okay with you. And knowing that we're not
going to hear it if he's not here, it will be continued.
MR. OCHS: Mr. Chairman, may I suggest maybe a late
morning, and then if Commissioner -- if we're not there at that time
or Commissioner Solis has to leave, the Board can still continue that
item when it comes up on the docket. So that way you give
yourself --
CHAIRMAN McDANIEL: Just move it to the 1 o'clock.
COMMISSIONER FIALA: Well, didn't somebody just say he's
going to be leaving by 1 o'clock?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: And the question would be
whether he could even call in, and that's -- you know, if he was
leaving where we knew he could call in, it would be another thing,
but we pretty much know that's not going to happen.
MR. OCHS: Yeah.
CHAIRMAN McDANIEL: We're making a supposition in that
regard, and it's just -- it's imperative that everyone understand that
we're going to move this along to the first meeting in March in his
absence.
COMMISSIONER TAYLOR: Good.
MR. OCHS: If you set it at a time where you know he's not
going to be here, then you may as well continue it right now;
otherwise, if you set it for late morning and he's here and you can
February 26, 2019
Page 8
hear it at that point, fine. If he has to leave, you can always continue
it at that point.
CHAIRMAN McDANIEL: It's your request for the 1 o'clock.
How you feeling?
COMMISSIONER FIALA: You know what, why don't we --
we're flexible.
CHAIRMAN McDANIEL: Hang on one second. Yes, ma'am.
I want to be flexible.
COMMISSIONER TAYLOR: What are your thoughts?
CHAIRMAN McDANIEL: What you thinking?
COMMISSIONER FIALA: I was just going to say, if he walks
in, let's finish whatever we're on and start that subject --
COMMISSIONER TAYLOR: I'm not sure --
COMMISSIONER FIALA: -- rather than give it a time
anything.
COMMISSIONER TAYLOR: I'm not sure this agenda allows
us to start right away or I'd do it. Does it allow us to start with
stormwater right now once he walks in?
CHAIRMAN McDANIEL: I think it's --
MR. OCHS: It's your agenda. You can set it. Right now you're
scheduled to hear your CAFR, which is about a five-minute item,
after your ceremonial items.
CHAIRMAN McDANIEL: Right.
MR. KLATZKOW: And I've just been advised Commissioner
Solis has arrived from the parking lot, so he should be here shortly,
and you'll have --
CHAIRMAN McDANIEL: We're burning a lot of daylight just
to get through this discussion on this agenda, and I just want it to be
very clear that we -- in the event we don't get to that item, we're
going to continue it until our first meeting in March.
MR. OCHS: Yes, sir.
February 26, 2019
Page 9
CHAIRMAN McDANIEL: And if we can, in fact, vote for or
against the necessary advertising, we'll do that while he's here and get
through that process, so...
COMMISSIONER TAYLOR: And, again, my request to either
have it at 1 or continue it until the next meeting is because of the
public participation.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: They don't have the luxury of
being here all day with us.
CHAIRMAN McDANIEL: Well, I'm --
COMMISSIONER TAYLOR: I'd like to make a motion that we
continue this to our -- only the discussion of --
CHAIRMAN McDANIEL: On the utility fee itself?
COMMISSIONER TAYLOR: Of the utility fee and how we
implement it until our next meeting in March.
COMMISSIONER FIALA: Well, that would be good as long as
we're addressing -- that would be fine as long as we're addressing the
issue, because Commissioner Solis is here now.
COMMISSIONER TAYLOR: Right.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: The advertising will be
addressed this morning, and the actual utility fee and how it's
implemented will be addressed in March. That is my motion.
CHAIRMAN McDANIEL: Okay. There's a motion to defer it,
continue it until our next stated communication, which is our first
meeting in March.
COMMISSIONER FIALA: Commissioner Saunders?
CHAIRMAN McDANIEL: Commissioner Saunders, how are
you feeling -- there is no second for it at this stage.
COMMISSIONER SAUNDERS: I don't have any issues with
continuing it.
February 26, 2019
Page 10
CHAIRMAN McDANIEL: You don't have what, sir?
COMMISSIONER SAUNDERS: No issues with continuing it.
I'd like to -- if we are going to continue it, I may have some difficulty
in being here part of that meeting on the --
CHAIRMAN McDANIEL: First meeting in March.
COMMISSIONER SAUNDERS: First meeting. Could we
continue it to the second meeting in March? Would you have any
problem with that?
COMMISSIONER TAYLOR: Ask staff.
CHAIRMAN McDANIEL: You okay with that,
Commissioner -- or County Manager?
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: That would be helpful.
CHAIRMAN McDANIEL: Second meeting in March.
COMMISSIONER TAYLOR: Second meeting in March.
CHAIRMAN McDANIEL: I'll second your motion. It's been
moved and seconded that we continue that item until the second
meeting in March. Any other discussion?
COMMISSIONER FIALA: You're talking about the item itself,
not the advertising.
CHAIRMAN McDANIEL: Not the advertising, that's correct.
COMMISSIONER FIALA: Just to make that clear.
CHAIRMAN McDANIEL: Yes, ma'am. All in favor?
COMMISSIONER SOLIS: (Absent.)
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
February 26, 2019
Page 11
CHAIRMAN McDANIEL: And then as myself, I have no ex
parte and/or any other adjustments to the agenda.
COMMISSIONER FIALA: Make a motion to approve the
agenda as adjusted.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
our agenda be approved as adjusted. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: (Absent.)
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. There you are.
(Commissioner Solis is now present in the boardroom.)
CHAIRMAN McDANIEL: Speak of the devil.
COMMISSIONER TAYLOR: Or the saint.
CHAIRMAN McDANIEL: Or the saint, as the case may be.
Good morning.
COMMISSIONER SOLIS: Good morning.
CHAIRMAN McDANIEL: All right, County Manager. Let's
roll on here. Let's do the --
MR. OCHS: Mr. Chair? Again, I'm asking Jeff for some help
here. Should we have Commissioner Solis
make any declarations of ex parte on consent or summary?
CHAIRMAN McDANIEL: Absolutely. Well, yes. If you
have -- if you're ready.
COMMISSIONER SOLIS: Okay. My apologies for being late.
February 26, 2019
Page 12
On the consent agenda --
CHAIRMAN McDANIEL: Consent and summary is what we're
doing right now.
COMMISSIONER SOLIS: Consent and summary. There's
only two items, and I have nothing to declare and no changes to the
agenda.
CHAIRMAN McDANIEL: Okay.
Proposed Agenda Changes
Board of County Commissioners Meeting
February 26,2019
Item 6A rescheduled to March 26,2019: Public petition from Tom Despard to propose
measures to improve sound dampening in new multifamily dwellings(not more than three
stories in height) built in Collier County. (Petitioner's request)
Move Item 17C to Item 9C: Recommendation to adopt an ordinance amending ordinance
No.2002-63,which established the Conservation Collier Program. (Commissioner Saunders'
request)
Add-On Item 10B: Recommendation to waive any failure to meet any contract deliverable,
and to authorize payment of outstanding pay requests for Economic Incubators,Inc. totaling
$87,897.65,and to provide direction on future contract deliverables. (Commissioner
Saunders' request)
Move Item 16A11 to Item 11E: Recommendation to award an Agreement for Invitation
to Bid No. 19-7511,"Davis Boulevard Landscape Maintenance"to Florida Land Maintenance,
Inc. d/b/a Commercial Land Maintenance. (Commissioner McDaniel's request)
Move Item 16K4 to Item 12A: Recommendation to direct the Hearing Examiner to hear the
appeal filed by London of Naples,Inc. of the administrative denial of the Insubstantial Site Plan
Amendment SDPI-PL20180002049 for Gateway formerly known as Trio. The subject property
consisting of 1.98±acres is in the General Commercial (C-4)zoning district within the Mixed Use
Subdistrict of the Gateway Triangle Mixed Use Overlay at the eastern corner of the intersection
of Davis Boulevard and Tamiami Trail East in Section 11,Township 50 South and Range 25 East,
in Collier County,Florida. [PL201900003051 (Commissioner Fiala and Commissioner
McDaniel's separate requests)
Move Item 16B1 to Item 14B1: Recommendation that the Board,acting as the
Community Redevelopment Agency Board (CRAB),approve an Access Easement over property
owned by the Community Redevelopment Agency in the Gateway Triangle Mixed Use District
Overlay. (Commissioner McDaniel's request)
Time Certain Items:
Item 13A to be heard immediately following Item 7-Public Comments
Item 10B to be heard immediately following Item 13A
Item 9B to be heard immediately following Item 11A
4/1/2019 8:38 AM
February 26, 2019
Page 13
Item #2B
MINUTES FROM THE BCC/TRANSIT SYSTEM WORKSHOP
HELD ON FEBRUARY 5, 2019 – APPROVED AS PRESENTED
MR. OCHS: Mr. Chairman, that would move us, then, to
Item 2B, and this is an approval of the meeting minutes from the
Board of County Commissioners' transit system workshop held on
February 5th, 2019.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept those minutes. Any other discussion?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
Item #2C
MINUTES FROM THE BCC/FERTILIZER ORDINANCE
WORKSHOP HELD ON FEBRUARY 5, 2019 – APPROVED AS
PRESENTED
MR. OCHS: Item 2C is approval of the meeting minutes from
the Board of County Commissioners' workshop on the fertilizer
ordinance that was also conducted on February 5th, 2019.
COMMISSIONER FIALA: Again, motion to approve.
February 26, 2019
Page 14
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded. Any
other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #3D1
RECOGNIZING BEN BULLERT, SENIOR PROJECT MANAGER,
PUBLIC UTILITIES DEPARTMENT AS THE JANUARY 2019
EMPLOYEE OF THE MONTH – PRESENTED
MR. OCHS: Move to Item 3D1 on this morning's agenda. This
is a recommendation to recognize Ben Bullert, our Senior Project
Manager with Public Utilities, as the January 2019 Employee of the
Month.
Ben, if you'd step forward.
(Applause.)
MR. OCHS: Stay right there, Ben. Let me have the audience
learn a little bit about you.
Commissioners, Ben's been with the county for two years
serving as one of our Senior Project Managers in Public Utilities.
Right from the beginning of his employment, he's demonstrated vast
February 26, 2019
Page 15
knowledge in the field of public utilities, and over the last two years,
he's been the senior project manager for more than 15 capital
projects. All of them have had significant residential impact where
communication and coordination were critical to avoid undue
inconvenience, and Ben handled each one of these with excellent
results.
The Goodland Drive water main replacement project, for
example, required extensive coordination with local businesses in
Goodland, and they had to meet stringent schedule requirements,
working, among other things, around the stone crab season, and Ben
handled it all flawlessly.
The Orangetree Wastewater Treatment Plant expansion project
had an estimated cost of roughly $3 million. Ben promoted the idea
of using a time-saving and cost-saving design/build method for this
project, one of the first that we've employed in Public Utilities and,
again, we believe it's going to have significant positive savings and a
saving in our schedule as well.
Due to these and many other initiatives, Ben is truly deserving
of this award, is a true asset to Collier County, and it's my honor,
Commissioners, to present Ben Bullert as your January 2019
Employee of the Month. Congratulations.
(Applause.)
COMMISSIONER TAYLOR: County Manager, I think it's
significant that Mr. Bullert has been with us for two years; I mean,
phenomenal.
MR. OCHS: Yes, thank you.
COMMISSIONER TAYLOR: Well done.
MR. OCHS: Mr. Chairman, we move to Item 5 this morning,
our presentations.
Item #5A
February 26, 2019
Page 16
PRESENTATION OF THE LEADERSHIP COLLIER
FOUNDATION JAMES V. MUDD FELLOWSHIP AWARD.
PRESENTED BY LEN GOLDEN PRICE, LEADERSHIP
COLLIER CLASS OF 2007 – PRESENTED TO DR. CASEY
LUCIUS
MR. OCHS: Item 5A is a presentation of the Leadership Collier
Foundation James V. Mudd Fellowship Award, and Ms. Len Golden
Price, your Administrative Service Department Head, will
make the presentation this morning.
MS. PRICE: Good morning, Commissioners. Len Price,
Administrator for Administrative Services, for the record, and proud
member of Leadership Collier Class of 2007.
The James V. Mudd Fellowship Award was created by the
Leadership Collier Foundation, a program of the Greater Naples
Chamber of Commerce, to honor former County Manager Jim Mudd
for his outstanding public service.
The fellowship annually acknowledges an outstanding leader
whose contributions are reflective of Jim's devotion to encouraging
leadership and promoting community through public service.
Each year's honoree is selected by a confidential committee
from the Leadership Collier Foundation based on the following
attributes: Integrity, doing what's right even when people aren't
watching; results oriented, focused on both people and program
advancement; selfless community service, placing others above self;
and inspiring others.
Each year's fellowship recipient is granted a full scholarship to
the Leadership Collier program of his or her choice.
I am pleased this year to introduce to you the James V. Mudd
Fellowship Award recipient, Dr. Casey Lucius.
February 26, 2019
Page 17
And as Ms. Lucius comes up, let me just ask a few people who
are here to stand and be recognized. First of all, Jim Mudd's
graduating class. Do we have people here from Jim Mudd's
graduating class? Yes, we do.
(Applause.)
MS. PRICE: Our past recipients, I know that there's at least one
of them here. Several.
(Applause.)
MS. PRICE: And last, but not least, Dr. Casey Lucius's current
class.
(Applause.)
MS. PRICE: And now let me tell you a little bit about why Dr.
Lucius was selected for this award.
Dr. Casey Lucius has served her country and her community for
over two decades. Currently, she's bringing her experience to our
community here in Naples as the founder and CEO of Launch
Learning Systems which focuses on strategic planning and succession
management for local governments, nonprofits, and private industry
professionals.
Prior to moving to Naples, Dr. Lucius was a Professor of
National Security at the Naval War College in Monterey, California.
She further contributed to her community there when she was elected
to the Pacific Grove City Council where she served from 2012 to
2016. Earlier in her career, Casey worked as a naval intelligence
officer during which time she earned a master's degree in national
security affairs. She later earned her Ph.D. in political science while
stationed in Hawaii.
That must have been tough. Dr. Lucius next headed overseas
working for the U.S. department -- State Department as a Chief of
Staff to the U.S. Ambassador in Hanoi, Vietnam, for three years.
While there, she published a book about political decision-making.
February 26, 2019
Page 18
Casey is married to Lieutenant Colonel Robert Lucius, U.S.
Marine Corps retired. I believe he's here.
(Applause.)
MS. PRICE: And they have a son, Bobby.
It is not surprising that the Leadership Collier Foundation
Committee has selected Dr. Casey Lucius as this year's James V.
Mudd Fellowship recipient.
CHAIRMAN McDANIEL: I believe you're deserving of this as
well.
MS. PRICE: Absolutely.
(Applause.)
CHAIRMAN McDANIEL: I think we're going to get another
photo op, so hang tight.
(Applause.)
COMMISSIONER FIALA: Congratulations.
Item #5B
PRESENTATION REGARDING THE IMPACT OF STORM
SHUTTERS ON FIRE SAFETY. PRESENTED BY CHIEF
TABATHA BUTCHER, COLLIER COUNTY EMS,
REPRESENTING THE COLLIER COUNTY FIRE CHIEFS
ASSOCIATION – PRESENTED
MR. OCHS: Item 5B is a presentation regarding the impact of
storm shutters on fire safety to be presented this morning by Chief
Tabitha Butcher, Collier County EMS, representing the Collier
County Fire Chiefs Association.
Good morning, Chief.
CHIEF BUTCHER: Good morning.
Good morning, Commissioners.
February 26, 2019
Page 19
CHAIRMAN McDANIEL: Good morning.
CHIEF BUTCHER: Tabitha Butcher, Chief of EMS. I'm here
today representing the Collier County EMS and Fire Chiefs
Association as the current president.
Back at the January 8th meeting, Commissioner Fiala had
requested a presentation by the fire chiefs regarding the possible
concerns over residents or businesses leaving storm shutters up year
round outside of hurricane season.
In February, the Collier County Fire Chiefs Association, we met,
and we discussed this item. There were concerns not only with
residents leaving storm shutters up, but as well as concerns about
taking them down or creating an ordinance that might put more
restraint on residents leaving them up.
Some of the concerns that were brought forward were how that
was going to be managed if an ordinance was created and how that
was
going to be enforced.
So after much discussion by the group, we did decide that we
would take a universal approach, not only from the fire district
perspective, but EMS, that we would just educate the public on the
hazards and concerns of leaving storm shutters up.
So universal educational materials will be created, and each fire
district chief will have their department enforce these educational
materials. So I would like to read a letter that was submitted to you in
your packet regarding this.
On behalf of the Collier County Fire and EMS Chiefs
Association, I'm writing this letter to inform you that the members of
The association met on January 30th, 2019, and discussed storm
shutters that are not removed from buildings.
The members discussed concerns and potential hazards that
could associated if the shutters were not removed but also discussed
February 26, 2019
Page 20
additional problems and concerns that could arise from the
community if codes or ordinances prohibited shutters from remaining
on windows.
The Fire and EMS Chiefs Association voted to develop
universal educational materials and outreach information to educate
the public on the potential risks and hazards associated with not
removing shutters from doors and windows.
And in reference to the current building code, that was also
researched, and the current building code actually states that only at
least one means of escape from a dwelling has to be present. And if
there's any additional questions on that, I do have Jamie French here
that can speak on that building code as well.
CHAIRMAN McDANIEL: I'm very pleased with the decision.
I was grappling with this item. Chief Schuldt and I had long
discussions about it back and forth, and I was grappling with
government overreach, protecting the citizenry, how are we going to
manage it, what's the capacities for enforcement, so on and so forth,
and I actually had said to him that I think education needs to be our
first and foremost process rather than regulation.
So I'm really, really happy with the decision.
COMMISSIONER FIALA: Could I say something?
CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER FIALA: Okay. Thank you very much. I
started this only because I received a letter from somebody, and I
think that you've come up with a fair compromise there because, you
know, that way people are protected.
One little caveat, and I don't know what anybody could do about
this. On Isles of Capri a few years back, actually with Wilma, this
lady on Capri has electric shutters. And so she pulled all the shutters
down. She lives alone, and she's an elderly lady. Pulled all the
shutters down, and that was fine except the electricity went out, of
February 26, 2019
Page 21
course. Well, she couldn't get out. There was no phone service, no
electricity, and she couldn't call anybody to tell them she's in the
house, and she couldn't get out because they're all electric.
Finally, some neighbor four days later contacted the Capri Fire
Service, and this is the story, I understand -- the way I understand it --
Fire Service, and they had to go in. They could hear that she was in
there, but they couldn't get to her, so they had to knock down -- you
know, make some big damage in order to get her out of there.
So I don't know what you'll do with electric having a safe escape
but, anyway, I just -- that's just something you could consider.
CHAIRMAN McDANIEL: And that's a nice thing to add to the
educational process, because you have to think past where you're at
when you hit the button for your shutters to go down and what the
consequences are in the event of a loss of power and the like. And
there are certain people that require additional assistance along the
way as well, so that's a fine mention for the educational process.
CHIEF BUTCHER: We'll make sure we add that.
CHAIRMAN McDANIEL: Thank you.
CHIEF BUTCHER: Thank you.
CHAIRMAN McDANIEL: Any other questions? Thank you.
COMMISSIONER FIALA: We can leave them up year-round
in certain areas, right?
CHIEF BUTCHER: Yeah. According to the building code, you
just have to have one means of being able to get out of the dwelling.
COMMISSIONER FIALA: Thank you.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
February 26, 2019
Page 22
MR. OCHS: Commissioners, that takes us to Item 7, public
comments on general topics not on the current or future agenda.
MR. MILLER: We have no registered speakers for that item,
Commissioner. We have none.
Item #13A
PRESENTATION OF THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 2018 AND AUTHORIZATION TO FILE THE
RELATED STATE OF FLORIDA ANNUAL LOCAL
GOVERNMENT FINANCIAL REPORT WITH THE
DEPARTMENT OF FINANCIAL SERVICES – MOTION TO
ACCEPT THE REPORT – APPROVED
MR. OCHS: Mr. Chairman, that takes us to your first
time-certain item this morning. It's Item 13A. This is a presentation
of the Comprehensive Annual Financial Report for the fiscal year
ended September 30, 2018, and to authorize -- and an authorization to
file the related State of Florida Annual Local Government Financial
Report with the Department of Financial Services. Mr. Derek
Johnssen, the Director of Finance for the Clerk of the Circuit Court,
will make the presentation.
MR. JOHNSSEN: Thank you, County Manager. Good
morning, Commissioners. Derek Johnssen, Finance Director for the
Clerk of Courts. We're here today to distribute the fiscal year 2018
Comprehensive Annual Financial Report and to present the results of
the 2018 audit.
The preparation of this report is a year-round process for the
Finance Department. It includes the input of many people,
departments, and agencies. Clerk staff, county staff, and the external
February 26, 2019
Page 23
auditors pushed hard to get this report out a month earlier than
usual.
Particularly, we'd like to thank the County Manager's Office, the
County Attorney's Office, and the budget office, I'm sorry, for the
role they played in helping us achieve this goal. In addition, we
would like to show our appreciation for each of the con stitutional
officers for their efforts: The Sheriff, the Supervisor, Property
Appraiser, Tax Collector, and the Clerk of Courts have all
individually audited reports included in the document before you.
Those audits, as well as the consolidated audit of Collier
County, are performed by the county's auditor, Clifton , Larson,
Allen. Finally, a personal word of thanks to my finance staff who
worked many hours to prepare the annual report. I'm just the one
who gets to talk about it. With that, an additional thanks to Clifton,
Larson, Allen, let me introduce Mr. Marty Redovan, the county's
engagement principal, who has a brief presentation.
MR. REDOVAN: Thank you, Derek.
Good morning, Commissioners. Marty Redovan with Clifton,
Larson, Allen. I was responsible for the audit services rendered to
the county and each of the constitutional officers. And, as Derek
said, we have a brief overview other than where the -- excuse me for
that. They're playing games with me. All righty. I'll do a quick
overview.
Basically, the reports, we have to issue the areas we cover, and
there's plenty of them. As you recall, maybe through our
conversations, we audit the financial statements of the county, we
have to audit compliance with federal grants, we also have to audit
compliance with state grants. So there's a three-pronged approach
there.
We have to issue reports based on the work that we do in those
areas, and then another one on internal control over financial
February 26, 2019
Page 24
reporting on the overall internal control of the county. So those are
the reports that are delivered. We also have to issue a management
letter under the rules of the Auditor General, an independent
accountant's report on compliance with certain statutes, and then,
finally, a communication to you as governance.
So what's the results of the 2018 audit? It's pretty good results:
An unmodified opinion on the financial statements, no material
weaknesses in internal control were noted, an unmodified opinion on
compliance with the state and federal grants. We did have one
finding that had to do with one minor item within the Transit
Department. Again, not a -- it's a significant deficiency. It's not a
material weakness, so that's important to understand.
No management letter comments or suggestions of
improvement. And then, finally, an unmodified opinion on the
compliance with investment statutes and with E911 expenditures.
So, overall, a clean report.
Kind of a reminder to you about the estimates that are embedded
in your financial statements. So there's a lot of things in there that do
require estimates, self-insurance reserves, pension liabilities,
post-employment liabilities, the allowances for your receivables,
depreciation, and landfill closure costs. So, again, those are not hard
numbers, but estimates, and we rely on specialists in most cases on
those estimates.
There were no difficulties encountered during the audit, no
disagreements with management during the audit, which is always
good. And then, finally, I do want to extend our appreciation t o the
Clerk and her team, the Finance Department, the County Manager
and his team, and the number of folks that we visit in their
departments. They definitely cooperate, they assist, and they help us
get the audit done in a timely fashion, so thank you to all of you for
the assistance for the audit.
February 26, 2019
Page 25
And that's kind of the real quick overview.
CHAIRMAN McDANIEL: Very good quick overview.
Commissioner Fiala.
COMMISSIONER FIALA: Yes. Once again, Marty, you've
done a great job. You get to the point, you get everything done, you
do a fine job, and we're all happy that you're here with us.
So I make a motion to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept and approve the audit report. Thank you.
Any other discussion? Madam Clerk, forgive me. I didn't
realize you were weighing in on this vote.
THE CLERK: No, I'm not weighing in on the vote. Go ahead.
CHAIRMAN McDANIEL: No, no. Come on. I'm joking.
THE CLERK: I would like to recognize the staff. They're very
backward. We have to force them to come down here; stand up, one.
CHAIRMAN McDANIEL: All of you stand up.
THE CLERK: They don't want to do it. But they work all year
with all of your departments. We have a great relationship with the --
(Applause.)
CHAIRMAN McDANIEL: Thank you very much.
THE CLERK: And it takes this many people working hand in
hand with your staff and departments through the County Manager's
Office, and they do a great job in getting it done in February.
CHAIRMAN McDANIEL: Smile. There we go. We've got to
have a smile.
COMMISSIONER FIALA: And why were you rushing to get it
done early this year?
THE CLERK: It's very important to get the numbers out for any
debt, bonding, any other borrowing that you intend to do. The sooner
we have those reports done, the better we're able to provide them to
February 26, 2019
Page 26
the lending agencies, and so February is good to get it done.
COMMISSIONER FIALA: Thank you.
CHAIRMAN McDANIEL: Outstanding. Thank you all very
much, again.
It's been moved and seconded that we approve the audit and
accept the report. Any other additional comments?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. OCHS: I will say, on behalf of the staff, it’s nice to see the
finance staff here because we get a chance once a year to see them all
smile. They're a great help to all of us, and we appreciate it.
Item #10B – Added
WAIVE ANY FAILURE TO MEET ANY CONTRACT
DELIVERABLE, AND TO AUTHORIZE PAYMENT OF
OUTSTANDING PAY REQUESTS FOR ECONOMIC
INCUBATORS, INC. TOTALING $87,897.65, AND TO PROVIDE
DIRECTION ON FUTURE CONTRACT DELIVERABLES –
MOTION TO MAKE A ONE-TIME WAIVER OF THE
CONTRACTUAL DELIVERABLES THE CLERK POINTED OUT,
HAVE THE CLERK MAKE THE OUTSTANDING PAYMENTS
AND BRING BACK THE CONTRACT AT THE FIRST MEETING
February 26, 2019
Page 27
IN APRIL FOR DISCUSSION – APPROVED
MR. OCHS: Mr. Chairman, then, that would take us to our next
time-certain item. That's Item 10B. That was an item that was added
to the agenda by Commissioner Saunders. This is a discussion
regarding contract deliverables and outstanding payment requests for
the Economic Incubators, Incorporated, and I'll turn this to
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
Just real briefly, because I know we're going to hear some comments
from staff and the Clerk's Office. My goal -- I've said many times
that I have some issues with the way we handle economic
development and have brought that before the Board on a couple of
occasions, and I've said publicly at these meetings and elsewhere that
I'm supporting EII in this budget cycle at the level that we funded EII
but that I didn't feel any moral or legal obligation to support EII in
our next budget cycle if I wasn't satisfied with the performance and
the deliverables that they are contractually obligated to provide to the
county.
And so there's no secret about my concern about going forward
in the future. My concern, and the reason I brought this up today, is
that I do feel that the Commission has a commitment to EII to keep
them funded and in business this year, as long as they are meeting
their obligations. And so my understanding is that EII has failed to
provide some information or has failed to communicate properly and,
because of that, they haven't received some of the pay requests --
funding for some of the pay requests going back, which puts them in
a position of jeopardy in terms of closing their doors if funding
doesn't continue.
And so what I wanted to find out is -- from the Clerk and from
our staff as to what the situation is and if there are contractual issues
February 26, 2019
Page 28
that we can deal with this morning so that we can continue to pay EII.
I want the Board to have that opportunity. If we don't do that today,
then my concern is that the board of directors of EII will come to us
tomorrow with the keys to the EII and say, we're done. I just don't
think that that's the proper way for an enterprise like that to shut
down.
So that's the reason why I brought this here. I'd like to find out
what their issue is and see if we can resolve it so we can go fo rward
at least through this annual budget cycle.
CHAIRMAN McDANIEL: I'm ready. And do we have
speakers?
COMMISSIONER SAUNDERS: I hope so.
CHAIRMAN McDANIEL: Presentations by staff?
(No response.)
COMMISSIONER SAUNDERS: Then if there are none, then I
just need to know what the issue is.
CHAIRMAN McDANIEL: Wait. I've got speakers and
commissioners, and I have things to say.
COMMISSIONER SAUNDERS: Oh, okay. Good.
CHAIRMAN McDANIEL: I didn't know if there was going
to -- if you had -- if there was going to be a presentation from staff or
anybody else.
COMMISSIONER SAUNDERS: Nobody was jumping up.
CHAIRMAN McDANIEL: Okay. Nobody was. So let’s just
go right into -- Commissioner Fiala, you're first.
COMMISSIONER FIALA: Oh, okay, fine. I'll go, although I'd
love to hear what you have to say as well.
Anyway, were you saying something, Leo?
MR. OCHS: No, ma'am.
COMMISSIONER FIALA: Okay. Each time we come up and
they ask for another degree of money and each time that they haven't
February 26, 2019
Page 29
met their deliverables and we give them again, and we say this is the
last time, and we continue to give them the money. Well, you know,
that's just -- I don't know when this stops. I know the last time that
we said it, I said never again. I just won't do that. I just feel that
we're not helping them continually feeding the people who can't get it
done. And I don't know what prevents them from getting it done.
I've asked in the past what businesses have they brought here,
what have they done to help the economy in Collier County. I
haven't seen those -- I haven't seen the answers to that as well.
And I just feel that we're not helping them by continuing to feed
it. I just don't think we should be doing that. So that's my first
comments, and I'll talk later.
CHAIRMAN McDANIEL: Okay. And, Crystal, you're next on
the list.
CLERK KINZEL: Thank you, Commissioner.
CHAIRMAN McDANIEL: Clerk of Courts.
CLERK KINZEL: Thank you, Commissioner Saunders, for
bringing this forward.
I want to put on the record several things: First of all, the
indication that we are behind for all of the payments for '19 is
inaccurate. We received Payment No. 6 on February 1st, Payment 7
request megoed (sic) on February 6th, and 8 and 9 were approved by
the county staff on February 20th. None of those would be due until
after March 18th according to the Prompt Payment Act based on our
receipt of an approved invoice for payment.
The one element that we have not paid was from their contract
from last year, and they failed to meet three deliverables as
articulated in your contract. Now, I understand they've submitted a
different page.
And let me just read what they say in Paragraph 2. "It's the
opinion of EII management and the board of directors that all
February 26, 2019
Page 30
services required by the contract were provided and met.
Deliverables linked to the budget estimates were not fully achieved
due to unforeseen circumstances and events, although some budgeted
revenue estimates were not met."
So they tell you initially they met everything and it's their
opinion, and they go on in their own document to tell you they did
not meet their revenue requirements. If you'll recall, over a year ago
you put in very minimal measurables. This entity was not required to
produce jobs, any certain number. They were only required to report
them. They've been problematic in even reporting them.
If we go back to the beginning of time, they've been in business
for five years. They didn't even have financial statements for several
years. Our office has worked with this entity for five years.
I understand that you wanted to fund them, but I continue to pay.
And let me tell you, we've paid over 87,000 to Kraft Construction --
not construction, I'm sorry, Kraft, LLC, I believe, for their rents for
this fiscal year through February. We have paid their salaries
October, November, and December, because deliverables were not
due until January 31st.
When we received those deliverables during the month of
January, they had failures on what they were required to produce.
They have -- I mean, if I go back, they've never corrected the zoning,
which has been an issue, and they've known it for years.
They have had tenants that weren't even vetted or appropriate
for the license of this property because it isn't zoned correctly. Every
time there is a cash-flow crisis with this entity, they come before you,
and it's the Clerk that will not pay.
We have worked with them. We reconstructed their financial
statements in the beginning to help them out. We've actually gone
and helped them with QuickBooks to try to get financial information
out of this entity, okay.
February 26, 2019
Page 31
Are they making improvements? I don't know. They're leasing
to people like the $99 associate memberships that they're getting
some funding from are entities that are already active, the NAACP
and other organizations and nonprofits throughout Collier County.
That doesn't even seem in relationship with the economic incubation
or acceleration that was the principle of your plan.
When they brought this plan forward in 2014, they told you they
would need a couple hundred thousand dollars a year for a couple of
years, and then they would be self-sustaining. We found out last year
when you approved their budget that was not the case. But they did
submit a plan to you that said they would go down to 600-, then 500-
and 400-, 300-. They have since submitted another business plan that
says, no, we will never be able to do this without 600,000 of the
county's funds coming forward.
I am uncomfortable continuing to make payment under these
circumstances. Having said that, those four payments that they're
asking you for and reporting as the Clerk's not paying aren't even due
until March. But I'm glad this came forward to the Board, because I
do want an understanding of why we see a fall short on their
deliverables even though they're not required to report until the end
of a quarter. We gave them that to help with their cash flow. We've
been paying their salaries.
We've been paying the rent and their salaries for three months,
and they're still unable to generate enough revenue to carry a pay
period forward after five years of being in business. And I find it very
difficult to call that a legal payment according to your contract and
what you expected from the accelerator and incubator.
So I'm glad you brought it forward. I'm willing to listen to
anything that you have available, but I am a little disappointed in
some of their -- again, their assertions. The Clerk has withheld
payment citing unspecified errors and inefficiencies. Number one,
February 26, 2019
Page 32
we don't look for inefficiencies. We look to see whether they're
meeting the purposes that you've articulated.
We articulated in a letter dated December 28th every
undeliverable that they had not met from last year's contract, 3, 5, and
7. We've got nothing from county staff, we've got nothing from this
entity regarding those deficiencies since December.
So, you know, I am where I am. I'm very frustrated, as I'm
sure you are. I support economic development 100 percent. I will
tell you, we pay Arthrex. We audit Arthrex. They're a giant
conglomerate. We go right to their payrolls. We are able to audit
them. They're able to prove that they've created the jobs. We pay the
Chamber. We've gone to their location and audited them. We've
paid them without problem.
This entity has been a problem since the beginning, and it does
not appear that it's getting any better. While they've made some
revenues, they're still behind. They have receivables outstanding of
over 800,000 totally unrelated to anything in the Clerk's Office, and
while you as the Board of County Commissioners have paid their rent
every month on time for the Kraft facility on Pine Ridge, they have
not been routinely paying their airport lease. As a matter of fact, they
usually try to catch that up when we say you haven't paid it for
months. So I think it's a little disingenuous to say the Clerk is
creating their cash-flow problems. This entity has had a
sustainability problem based on their model from the get -go. And I
needed to bring that to the Board's attention because I'm not
comfortable continuing the payments when it's not meeting what
you've articulated.
CHAIRMAN McDANIEL: I have a question for you -- THE
CLERK KINZEL: Sure.
CHAIRMAN McDANIEL: -- if I may. You mentioned
multiple times that there are at least three deliverables that are in
February 26, 2019
Page 33
question that are giving you angst in the payment. Could you --
CLERK KINZEL: That was in the last year's -- sure, I can
provide a little more information.
Deliverable 3 was that they were to meet 150,000 in revenue for
Naples; they met 122-. They were supposed to have 50,000 in
revenue for the Immokalee incubator; they made 10,000. They fell
short in their donations and private contributions as well as their
revenues that they were supposed to generate.
They submitted a revised business plan, but that business plan
did not comply with the plan objectives, nor did they articulate to you
how they planned on meeting the deliverables.
So while they submitted to you a piece of paper -- and, again, I
say when they submitted that last year so that you would fund them
as a budget amount, they told you, oh, sure, we'll go down each year;
we're going to make trends towards being sustainable. They've since
revised that to say, no, they have no hope of doing that without your
continued 600,000-a-year support.
And No. 7, jobs reported. They've reported 64, 68, 6 million in
capital investment. To date we've been unable to verify and validate
all of those positions exist.
So I bring that all forward. We have talked about this over the years.
Mr. Brock was here. We have tried to work with this entity. Again,
I've paid their salaries on the basis of the representations that we were
going to improve what was happening, that we wanted to give them a
fair chance to be sustainable, and I believe we've gone out of our way
to work with them. But these are significant issues for a significant
amount of dollars, and I think the Board needed to be aware of that.
I'm also a little disappointed that the recommendation on the
executive summary is to waive any failure to meet their deliverables.
So I was just wondering, is that -- you know, every vendor in Collier
February 26, 2019
Page 34
County might want that opportunity that if they don't perform or don't
do their job, we'll go ahead and pay them anyway. So I do have a
little bit of a problem with that waiving. But I can't -- I can't think of
a way that it meets a public purpose. But if you can provide me
something, I'll be glad to work with you.
CHAIRMAN McDANIEL: Thank you. Madam Clerk, forgive
me. I called you Crystal at the beginning of all this. I'm sorry.
Commissioner Taylor.
COMMISSIONER TAYLOR: I'm going to get specific now.
With Payment No. 8 and 9, you -- I think you indicated that Payment
8 and 9 have been approved; is that correct?
CLERK KINZEL: By your county department as of
February 20th. We have not passed on them because of the
deliverable issues that we have with their revenues not meeting a
quarterly basis.
Now, your contract does say that they have to meet this over the
course of the year; however, prudent contracting, you would not
continue to pay an entity all year only to have them fail in their
deliverables at year end as they did in 2018. We're bringing this up
now, first quarter, gave them the salary, paid their rents, and they're
still not able to generate enough revenue to be cash sufficient.
COMMISSIONER TAYLOR: Can you tell me what -- the
amount of the salary and rents that you've paid the first quarter so far.
CLERK KINZEL: We've paid 87,000 in salaries and 84,9- in
rent payments for a total of 172,7- through February for rent and
through December for salaries.
COMMISSIONER TAYLOR: Okay. So at this point you are
not putting forward Payment No. 8 and 9; is that correct?
CLERK KINZEL: We have not paid 6, 7, 8, or 9.
COMMISSIONER TAYLOR: And 8 and 9 specifically is
because of the concern you have of the full year?
February 26, 2019
Page 35
CLERK KINZEL: All of that.
Six, 7, 8 and 9 are all of the current year where the first-quarter
deliverables are not showing any significant improvement in
revenues or sustainability of the entity in the future.
COMMISSIONER TAYLOR: And to my -- to Commissioner
Saunders, it was my understanding -- and help me with that. I guess
I'm going to ask what your intention -- was your intention that we
were going to pay the EII the $600,000 whether or not they meet
deliverables?
COMMISSIONER SAUNDERS: Well, no. Of course, that's
not my --
COMMISSIONER TAYLOR: Okay.
COMMISSIONER SAUNDERS: -- intention.
COMMISSIONER TAYLOR: That's what I understand.
COMMISSIONER SAUNDERS: You asked me a question, and
I'm going to -- this is not a yes-or-no question.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER SAUNDERS: I do expect them to meet their
deliverables. I do understand that in terms of revenue and in terms of
donations, those are difficult and you don't get a 12-month -- if you
have a requirement for donations, say it's $120,000 over a year, that
doesn't mean you're going to get $10,000 per month.
And so we have a deliverable that I think is a little bit vague.
And so I have no particular issue with understanding they haven't met
those deliverables for revenues. That doesn't give me any concern in
terms of continuing to fund them.
MR. OCHS: Mr. Chairman, I don't mean to interrupt, but you
have members of the EII board and staff here that are available to
answer some questions or provide some information as well.
CHAIRMAN McDANIEL: Yes, sir.
Thank you. Is your question answered for now with Commissioner
February 26, 2019
Page 36
Saunders?
COMMISSIONER TAYLOR: No. I just needed to make --
because -- and I wasn't trying to put you on the spot. I just wanted to
make it very clear that the payment of the $600,000 that we all
agreed -- I think it was unanimous. I don't remember. But it was
clearly the Board spoke -- that we would fund them that $600,000,
but we didn't say that that would not be audited or that any
performance would be waived, and perhaps that was a mistake we
made.
But I don't know how you waive a contract for one vendor and not
have every vendor in Collier County coming to us and say, well, you
did it for them. So, you know, I'm challenged here. And I'd like the
Clerk --
CLERK KINZEL: Well -- and, Commissioner Saunders, the
only issue that I would raise, when you -- when you approved and
committed to this budget late last year through the budget cycle, we
didn't have their year-end numbers, and I believe if you go back and
look, they were committing that they had donations available and
they had things that just hadn't come in yet. They did not come
through even after year end.
So this is another moment in time ahead. Based on the
commitments and the representations they made, as well as the
agreement with the Board, we did continue to pay them. But I think
it's relevant that we address it now.
COMMISSIONER SAUNDERS: And, Mr. Chairman, let me
just respond to one comment from Commissioner Taylor, because
Commissioner Fiala made the same comment, I believe.
If we decide that on a particular contract, this contract in
particular, that there is a deliverable, in this case donations and
revenue, if we decide that that's an annual commitment and we're not
going to fail to -- or refuse to continue paying them because they
February 26, 2019
Page 37
haven't met that deliverable on a month-to-month basis and we waive
that -- what we perceive that to be as a contractual obligation, that has
no bearing whatsoever on any other contracts.
And to suggest that if we waive something for one contractor,
then we have to waive it for others is just -- I mean, I hate to say this,
but that's an absurd conclusion. It's no different than when we do a
land-use issue. People say, well, that will be a precedent. Well, it's
not a precedent. Each contract, each case is different. It's a -- what
we do on this contract is not going to bind us on anything we do on
another contract. So I just wanted to be clear on that.
CHAIRMAN McDANIEL: I would agree with that.
And, Madam Clerk, did you have another statement to make
before I go on?
CLERK KINZEL: I'll wait.
CHAIRMAN McDANIEL: I think you've made your point.
Commissioner Solis.
COMMISSIONER SOLIS: I just want to -- I just have a couple
things. One is, if the contractual deliverable is on a yearly basis and
that's what the contract requires, to now judge this on a quarterly
basis or a monthly basis is adding terms to an agreement that we've
approved that's not there. I mean, that's just -- that's what it does.
That's a policy issue, and I think that would be up to us as the
Commission to do that, and we haven't done that. So, number one, I
think -- and I agree with Commissioner Saunders that waiving any
kind of shortfall in the deliverable, especially on a yearly basis, it's
not precedential in any way. I'd like to go back to the shortfall. As I
understood it, there were three deliverables. One was 120- --
150,000, and they were at 122 --
CLERK KINZEL: Correct.
COMMISSIONER SOLIS: -- is that
correct? So the shortfall is what?
February 26, 2019
Page 38
CLERK KINZEL: 122,998.
COMMISSIONER SOLIS: So the shortfall is what?
CLERK KINZEL: Thirty thousand; 20-, 30,000.
COMMISSIONER SOLIS: Twenty-some-odd thousand dollars.
That's the issue that we would be waiving.
The next one was how much?
CLERK CRYSTAL: Forty thousand shortfall -- about 39,5-
shortfall.
COMMISSIONER SOLIS: Thirty -nine five. And what was the
third one?
CLERK KINZEL: Well, that was just for Item 1 of your
deliverable. Then the revised business plan was the next issue, and
the reported job validation was the third issue.
COMMISSIONER SOLIS: Again, I think that what -- adding a
term to a contract that's not specifically written in there is not
something the courts even do.
CLERK KINZEL: But, Commissioner --
COMMISSIONER SOLIS: Number 2, excuse me.
CLERK KINZEL: But --
CHAIRMAN McDANIEL: No buts. No buts.
COMMISSIONER SOLIS: Number 2, am I -- is there a specific
provision -- and maybe this is for the County Attorney or the
Manager. Is there a specific provision in the contract that says that
there will -- that there's a specific time frame for EII to be
sustainable? Is there a specific time frame?
MR. KLATZKOW: The agreement's not intended for EII to be
sustainable.
COMMISSIONER SOLIS: Okay. So this issue that we keep
talking about, their future sustainability, is also not necessarily
something that's written into the contract?
MR. KLATZKOW: No.
February 26, 2019
Page 39
The idea is that you've got this economic incubator, and we
understand that they're not going to make money, all right.
COMMISSIONER SOLIS: Okay. That's a policy decision.
MR. KLATZKOW: That's your policy decision. And every
year you look at this and you say, okay, has there been enough going
forward that we should fund this again? And then you make that
decision.
Now, one time in the future, perhaps, you may wish this to be
sustainable.
COMMISSIONER SOLIS: Sure.
MR. KLATZKOW: Okay. But every year you'll look at your
budget and you'll say, based on past experiences, based on what
they've been doing, based on the reports they've been giving us, do
we want to continue subsidizing this business, and that's your
decision.
Economic incubators don't make money. That's not -- that's not
the point of them. If they made money, they'd be in the private sector
making money, okay. They're there for the county to develop
businesses, develop jobs, and to enhance the economy in general.
If an incubator by its nature was profitable, they wouldn't be
coming to you for money. They'd be in that business themselves. I
mean, Silicone Valley does this. They have incubators out there for
their high-tech, and they have people that invest in them. Collier
County, like many counties, has its own little program trying to get
these things off the ground.
COMMISSIONER SOLIS: And EII is also a non-profit
corporation, correct?
MR. KLATZKOW: Yes, I believe they are.
COMMISSIONER SOLIS: So it's not intended -- it's not even
formed as a for-profit entity.
MR. KLATZKOW: No.
February 26, 2019
Page 40
COMMISSIONER SOLIS: Okay. Okay. I agree with
Commissioner Saunders. I think this is something that we've decided
from a policy standpoint that we need to invest in. Every single
county in Florida is involved in economic development. If we want
to diversify our economy, it's clear that we need to do this. And to
not do it in a way that is totally disruptive and puts into jeopardy the
commitments we've made both in terms of EII and grants and things
that have also gone into this endeavor, I think, would be extremely
unwise.
So I support Commissioner Saunders' proposal that we waive
the deliverables in this instance and we move forward with this, and
we'll have to continue to reassess this on an ongoing basis, like we
should, and move it forward.
CHAIRMAN McDANIEL: Thank you.
Commissioner Taylor.
COMMISSIONER TAYLOR: Commissioner Solis, so are you
suggesting that specifically with these, I guess, five outstanding
payments that we waive any kind of deliverables and -- but going
forward there still is auditing, or are you waiving the auditing of this
vendor?
COMMISSIONER SOLIS: No, no. I mean, we're -- I'm
agreeing with Commissioner Saunders' recommendation that we
waive the deliverables to -- and, as I understand it, that we went
through the numbers. I don't think it totals $100,000.
COMMISSIONER TAYLOR: Eighty-seven.
COMMISSIONER SOLIS: And these are supposed failures on
a quarterly basis, as I understand it, not on the year; just those issues
so that we can move forward in an orderly fashion. At the end of the
year they will have to address whether or not they met their
deliverables for the year, and we move forward. I'm not suggesting
that there shouldn't be auditing of any of it.
February 26, 2019
Page 41
I'm just suggesting that I think Commissioner Saunders is
correct that we should waive these deliverables that they haven't met
so that we can continue to move forward and hopefully this will
continue, you know, to improve.
These are not -- these are not money -making endeavors. I think
it's still a rule of thumb that even for-profit businesses don't make
money in the first five years that they're formed. So I think we need
to keep that in mind as well.
CHAIRMAN McDANIEL: Thank you. You okay with that?
COMMISSIONER TAYLOR: Okay. So I just want to reiterate,
very succinctly, we're not waiving the auditing function? The Clerk
is entitled or emboldened or has a right to continue to audit this
entity, but these specific payments sitting in front of us are what we
are considering waiving, and, going forward, the Clerk has the right
to withhold any payments if it's not meeting the terms of the
contract?
COMMISSIONER SOLIS: I would agree with that, and I think
Commissioner Saunders wants to add something. But, again, the
terms of the contract as written, not additional terms that are being
added in, arguably, by the Clerk because there's no requirement in
there, and if there needs to be one, then we need to include one. But
there's no requirement that they meet these deliverables on a
month-to-month basis. It's a yearly basis.
COMMISSIONER TAYLOR: Yes, because this entity is
dependent upon reimbursement?
COMMISSIONER SOLIS: Correct, right.
COMMISSIONER SAUNDERS: Could I make one comment?
CHAIRMAN McDANIEL: Well, there's two ahead of you.
COMMISSIONER SAUNDERS: Okay. Right. I just wanted
to -- on the Clerk's role here, because that was brought up. I believe
that the Clerk's role is essential --
February 26, 2019
Page 42
COMMISSIONER SOLIS: Sure, absolutely.
COMMISSIONER SAUNDERS: -- to a good operating
county government.
CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER SAUNDERS: The Clerk's auditing function
is critical and has to continue. This is not an issue of whether there's
a dispute with the Clerk over auditing authority. It's a question of
whether or not we see things quite the same way as the Clerk does in
terms of these deliverables on this individual contract.
You know, I've always said that having the Clerk audit our
business makes us more aware of what we're doing, makes us more
careful, and also gives us somebody we can point to if there's a
mistake.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: So it's good for everybody.
So no indication of any interference with that at all.
I just wanted to make that comment about the Clerk's role.
COMMISSIONER SOLIS: I agree completely.
COMMISSIONER SAUNDERS: And the Clerk does an
incredibly good job for us, so this is not a criticism at all.
CHAIRMAN McDANIEL: We're going to go right to her.
CLERK KINZEL: Thank you.
I do just want to clarify a couple of the things, Commissioner
Solis. The shortfalls in those revenues and deliverables that are the
150,000 and whatever, that was the end of the annual contract last
year.
So you had this language in last year's contract that said, oh,
we'll do it by year end, we'll do it by year end, we'll do it -- by
September 30th they didn't do it. So looking forward to the money
that you've then committed this time, you've given them -- it says,
that they'll annually do that. But prudent contracting -- and while 287
February 26, 2019
Page 43
isn't really local government prominent, it certainly gives guidance to
the components of a contract and agreement.
So there should be some deliverables, some evidence of
something. And your County Attorney told you very specifically,
you know, their job is to create jobs. Well, actually not. Since the
beginning of your agreement with EII, they've never been required to
produce a job. They've only been required to report one if they get
one to you, which I found ironic at the beginning of the contract
because the county had a certain obligation under their contractual
agreement to produce the jobs, but that contractual requirement was
never passed down to EII to perform.
So, where you might expect that an accelerator or an incubator
would, in fact, generate jobs, they've never had that requirement to
even do that, and they don't have that requirement in this current
contract moving forward for this year.
So that's where I go back to the participants that we're seeing in
this reporting, the $99 virtual of the nonprofits; NAACP, some other
people within -- that are already existing in town don't even seem to
be in compliance with the essence of an accelerator or an incubator.
Now, you know, we went through this for the last
four-and-a-half years, and we've worked with you, as I said, over and
over pointing out some of these issues with the grant questions that
we had for the Immokalee facility, some of the things that we have
seen over the course of the four years.
So to say that you have no deliverable and we should just keep
making that payment all year -- and what happens if they don't make
it? Because you don't have a provision in your contract either that is
a penalty term.
So if they don't make those, do we claw back? Most grants have
a clawback provision if you don't perform, so –
CHAIRMAN McDANIEL: We have a contract. We have a
February 26, 2019
Page 44
contract for right now. You're heading down another -- you're
heading down another path we don't need to go right now.
CLERK KINZEL: No, but these are all the issues where it isn't
as simple as it doesn't say it's quarterly; it just says that they'll do this
this year.
CHAIRMAN McDANIEL: Right.
CLERK KINZEL: There really should be some evidence before
I'm cutting a check for a payment.
CHAIRMAN McDANIEL: Commissioner Saunders -- you all
set? I don't mean to cut you short, madam.
CLERK KINZEL: No, no.
CHAIRMAN McDANIEL: Commissioner Saunders, you were
lit up before. Was that before, or do you have something else?
COMMISSIONER SAUNDERS: No, I think that was before. I
wanted to just make sure that everyone understood. This is not a --
this is an issue of an individual contract --
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: -- and a contract that may not
exist after this budget year. And this is in no way a criticism of the
auditing function or the Clerk's role. And, as I said, I think those are
very important roles, and our clerk does a great job with it.
CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER SAUNDERS: We just have to have -- we
simply have a little bit of a problem with an existing contract that
we're trying to resolve.
CLERK KINZEL: And I agree. I appreciate it. We've been
working with you and with staff, as I said, and with the EII over and
over. So -- but I do think it's our role to bring it forward when there's
a criticism regarding the payment.
CHAIRMAN McDANIEL: And just to bring it around full
circle, if I may.
February 26, 2019
Page 45
You know, my first year serving as county commissioner, the
Clerk informed me of the issues with the existing contract. There
originally were job -- if my recollection is correct, job requisites and
creation and capital investments and so on and the like, and those
prerequisites, those deliverables had been whittled down to a point
when I became commissioner that the only requisite for the
subsidation from Collier County was that EII maintain two full -time
employees. There were no other deliverables there.
I pulled that agreement. I remember -- I remember County
Manager and I going back and forth on that. I, over the summer,
added some rather innocuous deliverables to the agreement so there
was something, and then Commissioner Saunders, you pulled it and
added more, and that was leading us up to, in fact, where we are.
So one of my suggestions for today is -- because there's multiple
entities that are here. We have the incubator operation in Immokalee,
which is even newer than the Naples operation.
And because they're all combined, because they're all one, one
of my thoughts were, Commissioner Saunders, if we could -- if when
we get to the point of the recommendation down here, if we could
eliminate that first part with regard to the waiver of any failure and
any contract deliverable, that specificity, to me, puts us in a position
where we could -- it could be contended that we're waiving those
things for a contract failure and -- but allow for that $87,000 to be
paid because the contract has deficiencies.
We all know that it has deficiencies, and these are annualized
deliverables that, on a quarterly basis, may or may not be made up
once we get to the end of the year. I think that would make me feel a
little bit better about supporting this payment.
COMMISSIONER SAUNDERS: My goal was to find out what
the contractual deliverables were that were not being met. I think the
Clerk has outlined those. I don't know if there are any others, but I'm
February 26, 2019
Page 46
assuming those three or four that were outlined by the Clerk are the
problems that we're having with the payment of these particular
requests. At some point I'm going to make a motion to waive those
contractual obligations as outlined by the Clerk. I'm also going to
add to that motion the finding a public purpose so there's a clear
statement of public purpose so the Clerk will have that affirmation
from the Board, and then we move forward.
Now, if there are other contractual deliverables that are not on
that list, then my goal is to find out what those are this morning so we
can deal with it. This executive summary is not my executive
summary; it's staff's executive summary. And I understand the
statement being very broad.
CHAIRMAN McDANIEL: It said it's prepared by you, so I'm
just assuming at the bottom, prepared by Commissioner Saunders.
COMMISSIONER SAUNDERS: Oh. I didn't even see that.
COMMISSIONER TAYLOR: That's why I asked that.
COMMISSIONER SAUNDERS: I read it. I didn't prepare it.
And, quite frankly, I didn't see the word "any" contractual deliverable
as I read it very quickly this morning.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: So that's my bad in terms of
not reading it carefully.
But I don't -- I agree with you, saying that we're going to waive
any contractual deliverable is not proper, but I'm talking about the
ones we're dealing with right now.
CHAIRMAN McDANIEL: Whatever are necessary to allow
her to make the payment of the 88,000 or so.
COMMISSIONER SAUNDERS: And move forward with this,
yes, that's correct.
COMMISSIONER TAYLOR: And hence my
February 26, 2019
Page 47
question to you. So I think you understand why I asked you for your
clarity on what you intended based on the wording here. So I'm
delighted that that -- it's not as it's written here.
COMMISSIONER SAUNDERS: I actually read this this
morning, and I didn't get all the way down to the last line there,
which probably was the most important one that I should have read,
but I'll be more careful next time.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I think maybe what -- we've
all had an idea of what an economic division would do, creating jobs,
creating opportunities for jobs, maybe starting new businesses or
encouraging new businesses.
Well, maybe we don't all understand what we're really doing,
because I think it's kind of different. As you all said, it's never a
profit-making department, okay. So then it's not department -- then
what is expected of them? Are they delivering what is expected of
them?
I was surprised to learn that they sell cannabis oil now. That -- I
didn't realize that that was a function that would be a good function.
And, quite frankly, I don't agree with that, but anyway, nobody's
asked us.
And then what jobs are they creating? Maybe -- I've asked
before to the staff members, I said, just tell me what job you've
created or what business you've helped or, you know, what -- because
all businesses, I think especially starting new when they've never had
a business, need guidance and need help.
But from what I'm seeing, we need guidance ourselves rather
than teaching it, and so anyway.
CHAIRMAN McDANIEL: Well said.
COMMISSIONER FIALA: Okay. Thank you.
CHAIRMAN McDANIEL: Madam Clerk, your light is up.
February 26, 2019
Page 48
CLERK KINZEL: It was just in response to clarify what --
Commissioner Solis' understanding, because those deficiencies of the
money were from the last agreement.
I will also say there are current and ongoing deficiencies that
have not been addressed, and -- for example, the zoning issue.
CHAIRMAN McDANIEL: I think we're going to get to all
those when we get to the actual budget and the renewal of the
contract and the like.
So, Commissioner Saunders, did you make a motion yet?
COMMISSIONER SAUNDERS: I did not. I don't know if
there are any public speakers or anything.
CHAIRMAN McDANIEL: Do we --
MR. MILLER: I have no registered speakers for this item, no.
COMMISSIONER SOLIS: Mr. Grant's standing up there. I
don't know if he wants to say anything or not.
MR. GRANT: Commissioners, Dick Grant, the volunteer
unpaid Chairman of the Board of EII.
This is not really our item. The honest fact of the matter is
whether you find the performance of EII to be compliant or
satisfactory, I think we don't really agree that not achieving
fundraising goals is a delivery failure. We've provided all the
services we're supposed to be providing. Maybe we haven't
generated private fundraising at the level required. I think we're
actually ahead of our business income right now. But, really, the
goal of these things is to try to create jobs and try to create companies
that succeed. The real reason for this today is because we informed
the county staff over a week ago that we're out of money, okay.
We cannot make our current payroll, okay. We have people
who are due to be paid on Thursday. We don't have enough money
in the bank to pay them. And we will have to do something that none
of us really wants to do, which is to furlough people. And unless
February 26, 2019
Page 49
some way can be continued to allow the facilities to be properly
staffed, we're not going to be able to keep the doors open. And I
don't say that as a threat. I just say it to be factual.
CHAIRMAN McDANIEL: We don't take it as a threat, sir. We
appreciate your candor.
MR. GRANT: I'm being completely candid. I mean, I saw this
coming two weeks ago. That's why I brought it to the county staff.
So I think what I would like to suggest for your consideration --
and we've told the Manager this. I've sent him emails. It's in written
material. We're well aware of the concerns. We're well awar e of the
problems. We undertook an effort back at the beginning of the year
to try to go out and reach out to other accelerators around the state, in
other states and learn more than we already knew about how good
accelerators are supposed to operate.
The County Attorney kind of said it right out front. They're not
here to make money. They're here to try to create jobs. I'm not sure
anybody can ever guarantee that jobs get created. You know, you
try; you do your best. If that doesn't work, you change.
And we have told the County Manager that we're generating a
white paper, which is going to be a soup-to-nuts review of what these
things are all about, how they should work, good practices, best
practices, ways to do things better, ways not to do things that we've
been doing that maybe don't work. We hope to get that to you in
March.
One of the facilities that we visited was at the University of
Central Florida in Orlando. Ms. Pellechio and I and another member
of our board spent a day up there. It's a very impressive operation.
We learned a lot of the gentleman who runs those incubators. And
there are eight of them in the Central Florida area in different
communities. They're all supported by different counties and cities in
Central Florida. Job creation is their mission.
February 26, 2019
Page 50
He's prepared to come down here, talk to us. He welcomes the
opportunity. I'd like to suggest that we get you this white paper and
you then consider whether these things are worthwhile. If they're not
worthwhile, that's your judgment. You know, we didn't create EII.
None of us on this board created it. It was created because the
County Commission at the time asked to have it created. We're
simply here as volunteers trying to make it work.
CHAIRMAN McDANIEL: Thank you very much.
MR. GRANT: I don't know what else to say.
CHAIRMAN McDANIEL: I appreciate that, Mr. Grant. Your
candor is very much appreciated.
Commissioner Fiala, I think you have a -- Richard, don't go away,
please.
COMMISSIONER FIALA: I just -- I understand what you've
said.
MR. GRANT: Sure.
COMMISSIONER FIALA: You know, we want to encourage
them if this -- if this is -- if this department can do the work it's
designed to do, you know, I think we'd all feel very comfortable
about supporting it. Could you tell me some of the jobs, maybe even
just a couple jobs that they've created?
MS. GRANT: Well, we gave the County Manager some facts
two days ago on Monday, which I can try to find here.
CHAIRMAN McDANIEL: Could I ask that we not -- that we
move forward with this actual item. I mean --
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: Because, I mean, we're going to
have a lot of discussion about this during your budget hearing
processes when they come back before us with the renewal of the
contract, and we can have those.
February 26, 2019
Page 51
COMMISSIONER FIALA: The reason I asked that is because
this is what Dick Grant was stating, and I thought that would help me
to make a decision as to how to vote, but if you would like to put it
out, then that's up to you.
CHAIRMAN McDANIEL: No. If it's a requisite of whether or
not you're in support of --
COMMISSIONER FIALA: Yes, it is.
CHAIRMAN McDANIEL: -- payment or not, then, please, if
you have a few more minutes to share with us.
(Multiple speakers speaking.)
MR. GRANT: I cannot tell you -- I cannot identify a specific
job. I can tell you that as of November of 2017 there were 51.3 jobs
that were validated by the state under one of the grants, okay. Now,
that's almost a year-and-a-half ago, and my first question when I was
given those figures is, what in the heck has happened since
November of 2017? And I understand we've reported that to the
county staff and that there's some process between the county staff
and the Clerk about whether those figures can be said to be -- I'm not
the one prepared to tell you what the data is since then. I don't know.
I don't keep the figures.
COMMISSIONER FIALA: Maybe Leo would know what jobs
have been created, being that he was in part -- a part of that.
MR. GRANT: Well, I can give you the names of some
companies. Jennifer can probably speak to that, too.
COMMISSIONER FIALA: I'm just curious, because then, you
know, it's easier to give the money if you can see that the function is
working. CHAIRMAN McDANIEL: Right.
MS. PELLECHIO: For the record, Jennifer Pellechio. I'm the
President of EII.
I'm going to talk as EII as a whole, but I'm going to address
Naples and Immokalee separately quickly.
February 26, 2019
Page 52
CHAIRMAN McDANIEL: Briefly.
MS. PELLECHIO: So briefly I want to talk about Conex Pay,
which is a new company in our facility. I believe -- now, I'm not
going to say validated, but I believe he has four new jobs. They've
got over a million dollar in investment in just this last year. They're
going to move into Collier County somewhere. That is our goal.
COMMISSIONER FIALA: Well, they don't live here now?
MS. PELLECHIO: No, they do, but I'm saying to move out of
the accelerator. Our goal is to move them out of the accelerator.
They shouldn't be in the accelerator for 10 years. I mean, that's not
the goal.
So then, at the culinary accelerator we have a company, Judy's
Bakery. She just opened her bakery in Naples.
And then we have -- I don't know if everybody's seen the papers,
but it's been all over the place, Crazy Crops. I mean, that is -- I
mean, that's an awesome success. Now, does she have a ton of
employees? She can be considered an employee. I believe she has
two employees but, you know, just like anything else, I mean, that's
the goal. Is it two? Is it 10? Is it 50?
CHAIRMAN McDANIEL: And the lady that started the salsa
company.
MS. PELLECHIO: Oh, right, Carina's. And her employees
range -- some weeks it's five. Sometimes it's three. Everybody's a
small business. They're trying really hard to grow their b usiness.
And we offer guidance; we offer mentoring. We don't have it all
in-house, as you all know.
We have five staff members. But what we do have is we have
access to all of our universities. We also have access to our mentors,
our board of directors. People who come into our program love the
fact that I can tell them, here's our board of directors, and they're here
to help. They can have a 15-minute meeting with them; they can
February 26, 2019
Page 53
have a 30-minute meeting with them. To me, as a business person,
that is -- I mean, you couldn't even put a dollar sign on that.
CHAIRMAN McDANIEL: Thank you, Jennifer.
MS. PELLECHIO: You're welcome.
CHAIRMAN McDANIEL: Madam Clerk?
CLERK KINZEL: I just have a couple things to -- because I'm
trying to figure out how we could pay under kind of basis, and I think
we've come to several kind of ideas, perhaps.
One, everyone agrees that perhaps there should be some goal of
actually producing a job or some outcome.
There probably should be a goal that the cleanup of the old
outstanding items occur; zoning, for an example.
They can't go back and re-create donations and everything from
last year. And I will kind of disagree in -- well, let me start out with I
agree with Mr. Grant on when he said he didn't create the goals
necessarily in the contract. I'll be honest, neither did I, because I
would have made jobs a specific requirement of the agreement, but
that's not the Clerk's role. We offered some suggestions to work on
that. But moving forward, to give me a basis of a public purpose to
pay, this entity has gotten about $6 million in total grants and
payments from Collier County, and we're finding it difficult to
articulate the successes.
Now, I can name the barbershop. I think he's still in business.
And so that is one success that I'm aware of. There are some other
businesses that I know came and went. There are also some
businesses that have been in the accelerator for multiple years. I
think some of them just moved out after our last audit conversation.
So I'm fairly familiar with the work that they're doing. If we
saw a model shift, and particularly if you don't -- if you -- if your
goal is not that they meet the donations and the revenues before year
end, what is a goal or what are the goals that you could do a contract
February 26, 2019
Page 54
amendment to give me some valid reason to be continuing to just
pay?
CHAIRMAN McDANIEL: May we address those contractual
adjustments at the renewal or not of the next contract?
CLERK KINZEL: That would require me to continue to pay
them with no evidence of performance for the next seven months.
This contract goes through September, and that gives me great
consternation.
MR. KLATZKOW: The Board can waive the deliverable. So if
there's a particular deliverable that you believe is not being me t, the
Board can waive that, which is what I believe Commissioner
Saunders' motion will be.
Secondly, on a public purpose, Florida Statute 125.045
expressly makes economic development a public purpose. Money
spent to attract businesses is, under Florida law, a public purpose.
CLERK KINZEL: And all I'm asking for --
MR. KLATZKOW: So I think we've met both of your concerns.
Your concerns is deliverables are not being met, and the Board here
will waive those particular deliverables, and second concern is a
public purpose. But under Florida Statute, as a matter of law, this is a
public purpose.
CLERK KINZEL: Only if they prove they've done economic
development and instead of subsidizing rents --
(Multiple speakers speaking.)
MR. KLATZKOW: You pay money to
attract a business. Whether or not the business actually comes does
not stop it from being a public purpose.
CHAIRMAN McDANIEL: And that's a --
CLERK KINZEL: I don't know that we have any reportable
evidence that they've actually attracted the businesses. They've given
them subsidized rents which the taxpayers are paying for, and those
February 26, 2019
Page 55
are some of my concerns about the contract language and what I'm
auditing to.
COMMISSIONER SOLIS: I mean, that's the attraction. That's
what economic development is based on. It's providing incentives
for them --
CLERK KINZEL: And, Commissioners, I'm only going on the
basis of, a, your business plan that you presented, that's what we audit
to, and the contract that you signed, and those are the two elements
that we try to adhere to in the audit function. And what I'm saying is,
you're making it very -- I'm struggling. I need some evidence of --
CHAIRMAN McDANIEL: We're trying to give you that.
CLERK KINZEL: Okay. Thank you.
CHAIRMAN McDANIEL: And I'm not interested in adjusting
the contract on the fly today. I want to make that -- I want to get this
to a point where we can get through this add-on agenda item, make
you feel comfortable, and protect us by the law with regard to the
payment that it is, in fact, a public purpose and that we are not
waiving all of the deliverables for everybody that comes along and
enters into a contract with Collier County, as has been represented, so
you understand. There is a lot more to this than --
CLERK KINZEL: There is.
CHAIRMAN McDANIEL: -- economic development. There's
a lot more -- I mean, and there are a lot of other entities that we're
going to hear about in the future as we go that do, in fact, promote
economic development within our community. So let's j ust -- I think
if we take care of the business at hand, this is obviously a legal
discussion. See how I'm split here. And we can -- but I want to meet
the parameters of the request, fund what we need to in order to fulfill
the contract, and then go forward.
COMMISSIONER SAUNDERS: I'll go ahead and make a
motion.
February 26, 2019
Page 56
CHAIRMAN McDANIEL: Please.
COMMISSIONER SAUNDERS: I'll preface it by saying that,
again, I appreciate the role that the Clerk has in auditing these
contracts, and I want to thank her for her diligence in this. This is not
meant to be any kind of a criticism. I think the Clerk feels that this
may not be the best contract for the county, and that's fine. She may
be very right about that, but we do have, I think, an obligation to try
to keep this entity going through the balance of this fiscal year with
no commitment going forward after that.
So they're going to have to show me a whole lot more, and I
want to spend some time with the incubator over the next couple
months to see how they really are operating.
So the motion is, number one, to find that the continuation of
this contract and the continuation of funding the incubator is in the
public interest and is an appropriate expenditure of funds by the
county under Chapter 125 Florida Statutes that we want to continue
that finding of public purpose.
The deliverables that I'm requesting the Board to waive this
morning so that these payment requests can be made deal with the
revenue shortfalls both at the incubator in Immokalee and the
incubator here in Naples; that we understand that these are annual
deliverables, not quarterly or monthly. So we waive that requirement
in terms of it being considered quarterly or monthly.
The other deliverable dealing with self-sustaining, we know this
is not a self-sustaining entity. We're giving them 600,000 this year.
We gave them $800,000 last year. We know they're going to ask for
money next year. So the issue of being self -staining is not of concern
to this commission in terms of this particular contract in this contract
year.
The capital investment and the number of employees, again, an
annual commitment. We expect that commitment to be met by the
February 26, 2019
Page 57
end of this fiscal year, and that will certainly have an impact on any
ongoing funding.
So those are, I believe, the areas that the Clerk had some
concern with, and those are the areas -- the motion would be to waive
those for this particular contract. Not waiving them permanently, but
waiving them as quarterly or monthly requirements.
CHAIRMAN McDANIEL: You okay with that?
CLERK KINZEL: Just -- well, your current contract doesn't
have -- nor did your prior have a requirement that they create any
jobs or any capital investment. The only thing they have to do right
now is exist and file their reports on a timely basis and make a certain
revenue and donation benchmark, okay.
But if your goal, which I would encourage, would be that they
have some other requirement -- and I believe zoning is an issue. I
mean, they have been operating under this zoning problem for years.
Again, that's -- and they keep getting approved to do it -- some goal
of fix it, we would see progress towards this. What we see right now
is an altering business plan. Every time they fail, they bring it back
as a cash crisis, and the Board --
COMMISSIONER SOLIS: We deal with it.
CHAIRMAN McDANIEL: We deal with it. And I'm going to
ask, Madam Clerk, while we're in the mood for making a motion, that
we get to a point where you can satisfactorily make these payments
as requested and not be moving into other contractual arrangements.
We have committed to -- this board committed a year ago in the
budget cycle to fund up to the 600,000 that was requested by EII.
So if we can move through this particular budget cycle knowing
that that's our commitment, knowing that this is not an organization
that makes money -- we all have issues as to whether or not this is a
good expenditure or not, but I want to take care of this at this
particular stage and not jump out into the other contracts.
February 26, 2019
Page 58
CLERK KINZEL: And I really want to work with you on that.
CHAIRMAN McDANIEL: Right.
CLERK KINZEL: I don't know that I can make a determination
at this meeting to pay on those
bases until I hear what they are, so -- but we'll work through it.
CHAIRMAN McDANIEL: If we declare the -- and authorize
the payment as requested and declare it to be -- County Attorney, if
we declare authorization for the Clerk to pay these and declare it to
be a matter of public purpose, the Clerk will have sufficient
wherewithal to then make the payment?
MR. KLATZKOW: You have to ask her that. I think from a --
CLERK KINZEL: And that's what I'm saying, I'll have to take
that and look at some legal issues.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: Okay. I have a
motion that I thought covered the issues that we were dealing with,
because I made notes of those as the Clerk went through those.
Once we pass this motion, if the payments aren't made, that's --
you know, that's a whole different ballgame and that's somebody
else's decision; that's the Clerk's decision. But my question to the
Clerk is, I've made this motion. I've outlined the issues that you
stated. Are we good to go as far as -- now, I know you need to talk to
the folks there, but in terms of the issues for these particular
payments that we're dealing with, are we good to go on those?
CLERK KINZEL: Well -- and I think there was some confusion
in what was stated about the capital and the jobs. I was trying to
clarify that, because that's not in your current contract.
COMMISSIONER SAUNDERS: Right, I understand.
CLERK KINZEL: And so if you're looking for that and -- some
goal.
February 26, 2019
Page 59
COMMISSIONER SAUNDERS: Okay.
CLERK KINZEL: I think where you're heading is pay them
regardless and see where it ends up at year end again, which is what
we did last year, and it failed.
So understanding that it's been presented to you, you can work
the contract out, and then I'll have to audit to what I see in the
contract.
COMMISSIONER SAUNDERS: All right.
COMMISSIONER SOLIS: But --
CHAIRMAN McDANIEL: Go ahead. We're all out of turn
anyway.
COMMISSIONER SOLIS: I think Commissioner Saunders is
asking -- the question is, then, based upon what the -- because I want
to know this in terms of my seconding the motion.
Again, if the motion's approved, is that enough for you to issue these
payments that we're here today to talk about?
CLERK KINZEL: Not going – not without going back and
reviewing the contract again, legally, but -- today. But I understand
where you're heading, and I understand your intent from the dais, so
I'll go back. We need to go over some of the other issues pending in
the contract.
COMMISSIONER SAUNDERS: The intent of the motion was
to address the contractual failures, ad dress -- that have been identified
by the Clerk that have prevented the payment of those four or five
requests. If we need to word the motion differently, then I need to
know that.
CLERK KINZEL: And, Commissioner, this might help. Those
four -- the one from last year is separate and apart, but the four that
you're discussing right now, those aren't even due until March, and
they're not due until March after the next board meeting. So that
February 26, 2019
Page 60
would give some time to look forward and try to work this out
through the contract.
COMMISSIONER SAUNDERS: We do not have until the
middle of March to deal with this issue. They have a payment that's
due on -- I believe it was indicated, on Thursday. If this motion isn't
sufficient then I -- you know, I would like to change it. But the fact
that your thought is that these payments aren't due until March
doesn't do us any good. So you're going to -- okay.
CLERK KINZEL: I will look at what -- I didn't create this
crisis, nor did I create the problems with this contra ct. I'm trying to
audit to them. I've been very specific with the Board, with EII. I've
met with them repeatedly looking for relief on this. I don't feel
comfortable making a decision about my legal ability to pay on the
fly.
I want to take your motion and consider the motion, and if I can
legally make the payments, I would make them. Okay?
COMMISSIONER SAUNDERS: And the -- understood. And
we have a short time frame. We don't have until the middle of
March.
CLERK KINZEL: I will look at them quickly. I don't want to
drag this out. I didn't -- you know, again, cash-flow crisis; we found
out Thursday they had a cash-flow crisis again.
We didn't even get some of these pay requests until
February 20th. So, you know, I'm -- this goes to contract
management. It goes to the entity's management, and these things are
being created routinely. I will try to help in any and every way I can
to relieve the problem, okay?
COMMISSIONER SAUNDERS: All right. There is a motion.
I don't know if it needs to be amended or anything.
COMMISSIONER SOLIS: For whatever it's worth, I'll second
the motion. How's that?
February 26, 2019
Page 61
COMMISSIONER SAUNDERS: All right.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: I don't know what to say.
CHAIRMAN McDANIEL: Yeah. Say aye.
COMMISSIONER TAYLOR: I'm lost about this. I just -- I
think I'm troubled by this because I see that there is a consistent lack
of performance that has very little to do with this time frame but
perhaps goes back a couple of years or more. So I guess I would have
comfort level if -- that we could address that contract well before next
year. Not that we would change the terms of the contract or the
amount, but looking forward earlier than the budget cycle.
COMMISSIONER SAUNDERS: I agree that we need to give a
real hard look at the contract and the performance and our budgeting
cycle for the 2019/2020 budget, I agree 100 percent. That's why I
started off by saying I want to get them through this budget year, but
I'm not making a commitment going forward.
I want to honor the commitment that we have for this budget
cycle. That's the whole purpose of the motion. That was the reason I
brought it forward.
CHAIRMAN McDANIEL: Right.
CLERK KINZEL: But would you be willing to amend the
current contract sooner rather than later to give me some specific
guidelines?
I'm having heartburn with paying through the end of September
and finding out they didn't perform for another year. I really am
looking for some --
CHAIRMAN McDANIEL: Yes. How about if we bring this
back as a specific item in our first meeting in March?
COMMISSIONER SAUNDERS: I would prefer it not being the
first meeting in March.
February 26, 2019
Page 62
CHAIRMAN McDANIEL: Oh, yeah, that's right. The second
meeting.
COMMISSIONER SAUNDERS: Personal reasons. And I
think we need a little time for this to percolate, so if we do this in
April --
CHAIRMAN McDANIEL: How about the first meeting in
April, Madam Clerk? We have -- we specifically review the
agreement and find out whether or not if we can adjust the existing
contract in midterm.
COMMISSIONER TAYLOR: Understanding that if the Clerk's
operating under this current contract as it exists today, as we read it
today, there probably -- I don't want to say that. There may be delays
in payment because of --
CHAIRMAN McDANIEL: Performance.
COMMISSIONER TAYLOR: -- performance. So the sooner
we get this contract -- the current contract amended, however we
want to amend it, if we do, the better it is for everybody but -- and if
April is the date --
COMMISSIONER SAUNDERS: It takes both parties to amend
the contract, so I'm --
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: -- happy to -- I'm willing to
take a look at whatever is proposed. I'm not making a commitment to
agree to a change in the contract.
COMMISSIONER TAYLOR: No.
COMMISSIONER SAUNDERS: But I'm willing to take a look.
COMMISSIONER TAYLOR: To take a look. To have that
time frame to take a look at it.
CHAIRMAN McDANIEL: That's why I was suggesting that
we -- I was going to do it in March, but we can do it in April. And,
February 26, 2019
Page 63
again, it takes two parties to amend an agreement to get to where
we're at.
CLERK KINZEL: Well -- and hopefully EII would work on
amending that to that resolution. I will go back and check legally.
I'm also concerned about waiving deliverables in retro and all those
things. But based on what you've said and put on here now, if we
could look at the first meeting in April to getting some teeth in the
payment amount -- I don't know that they're sustainable, though, even
if I pay these four bills.
CHAIRMAN McDANIEL: Sustainability is not the question.
CLERK KINZEL: But, I mean -- no, because we'll have another
cash crisis, so you would want me to just keep paying them until --
CHAIRMAN McDANIEL: No.
CLERK KINZEL: -- the end of September, right --
COMMISSIONER TAYLOR: No.
CLERK KINZEL: -- without a deliverable being proven or
provided or no evidence of anything being created?
COMMISSIONER TAYLOR: That we don't know. We're
going to craft --
CLERK KINZEL: And so this is what I'm trying to do here on
the fly again without getting myself into -- in too much hot water. If
we paid the payroll and the rent as we did for October, November,
and December, pay that for the January through February payments,
can they operate going to that first meeting in April? And we will
take constructive action. If they would agree to that, if they can
sustain it with that, I would be willing to work one more time with
this to try to resolve what we're doing.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: I don't think we're going to
get the resolution.
February 26, 2019
Page 64
CHAIRMAN McDANIEL: No.
COMMISSIONER SAUNDERS: We do have a motion and a
second.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SAUNDERS: I can't make any
commitments to changing a contract. I'd like to see them funded
through the end of September. That's really my intent. And come
April, I'm going to say the same thing again. If there's a perception
that a deliverable has not met dealing with contributions and revenue,
I'm going to say the same thing then that I'm saying now. I'd like to
see them get paid through September.
I'm not concerned about the amount of revenue they generate or
the amount of contributions they generate. I will be concerned as that
relates to going forward in the next budget cycle.
CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER SAUNDERS: So, you know, as you vote on
this motion, I don't know that this is going to get them paid, but I
don't want it to sound like I'm agreeing in advance to amend a
contract. My goal is to get them paid through September.
CHAIRMAN McDANIEL: No. I don't think it was the intent
that we're agreeing to amend the contract. We're going to bring it up
in April, in the first meeting in April, as requested by the Clerk. And
as you've already said, it takes two parties to amend the contract.
So -- and no one's making a commitment to or not to amend the
agreement.
COMMISSIONER TAYLOR: And that was my intention, just
to have the opportunity to look at the contract again, the current
contract, amend it or not, but to have it as a discussion, understanding
that the way the contract's written, we'll -- and I don't want to put
words in our Clerk's mouth, but pretty much mandate that the Clerk
continues auditing it in the way she's been auditing it.
February 26, 2019
Page 65
CHAIRMAN McDANIEL: She will do that. That's her job.
COMMISSIONER TAYLOR: And we might be here again in
two months and again in the next two months.
CHAIRMAN McDANIEL: And next month.
Commissioner Solis.
COMMISSIONER SOLIS: Very quickly. For the meeting in
April, then, I would request that staff or somebody could obtain
copies of the contracts for these accelerators that you visited, because
I think, possibly, we're trying to reinvent the wheel here in terms of
contract terms. Maybe that was something that would be helpful for
us to look at if we're going to have these discussions.
But I would ask, having said that, that we just call the question.
I mean, I think we've beat the proverbial dead horse here.
CHAIRMAN McDANIEL: I would like to say that it is
requisite upon those that are requesting the money to provide the
necessity for that request, and so prior to that meeting in April we
have that information. So the question's about to be called. Any
other -- well, we're not even going to go to any further discussion.
All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: 5-0.
MR. OCHS: And we will take a 10-minute, 11-minute break
and be back at 11.
(A brief recess was had.)
February 26, 2019
Page 66
MR. OCHS: Ladies and gentlemen, if you would please take
your seats.
Mr. Chairman, you have a live mike.
CHAIRMAN McDANIEL: Yes, good morning, everybody.
If we can get our colleagues to roam back up this way. Here's one.
Okay. We have an agenda item issue I want to have a discussion
about. There are -- there is a necessity to manage the advertisement
for the stormwater. In the advent that the stormwater utility goes
forward, staff needs to advertise that in an appropriate manner that
needs to be voted on prior to the 1st of March, and we have continued
the stormwater utility item, per se, until our second meeting in
March.
Normally, we would go to the Grace Romanian Church, and I
just wanted to ask my colleagues if they have a -- if they -- which is
going to be a rather long deliberation as well, and we know we're
being to lose -- or Commissioner Solis is going to exit at the lunch
break, so, if it's okay, I'd like to go ahead and take care of that
advertising for the stormwater utility.
How you feeling about that?
COMMISSIONER FIALA: I was talking to him. I'm sorry.
CHAIRMAN McDANIEL: That's okay. How you feeling
about doing the stormwater utility in advance of the church?
COMMISSIONER SAUNDERS: I have no issues at all with
how you want to proceed.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER FIALA: None, except it's a little cold up
here.
CHAIRMAN McDANIEL: No, it's fine. Leave it alone. Leave
it alone.
COMMISSIONER FIALA: I'm freezing. Are you guys cold?
February 26, 2019
Page 67
COMMISSIONER SOLIS: Mr. Chairman, my departure at
lunch is tentative.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SOLIS: So I'll stay as long as I can.
Hopefully I can stay for the whole thing.
CHAIRMAN McDANIEL: Well, we've already made it very
clear that when you have to go, you just say something.
COMMISSIONER SOLIS: Okay. Thank you.
CHAIRMAN McDANIEL: Okay. Well, with that, let's go
and -- you manage the agenda item so that we're going to go to the
advertising for the stormwater utility.
Item #9B
RECOMMENDATION TO APPROVE A RESOLUTION,
PURSUANT TO SECTION 197.3632(3)(A), FLORIDA
STATUTES, TO PRESERVE THE RIGHT TO UTILIZE THE
UNIFORM METHOD OF COLLECTING NON-AD VALOREM
SPECIAL ASSESSMENTS, AS PART OF AND IN
CONSIDERATION OF A STORMWATER UTILITY WITHIN
THE UNINCORPORATED AREA OF THE COUNTY - MOTION
TO APPROVE – FAILS
MR. OCHS: Thank you, Mr. Chairman. That's Item 9B on your
agenda, and this is a recommendation to approve a resolution
pursuant to Florida Statute to preserve the right to utilize the uniform
method of collecting non-ad valorem special assessments as part of
and in consideration of a potential stormwater utility within the
unincorporated area of the county. Ms. Patterson will make a brief
presentation.
February 26, 2019
Page 68
MS. PATTERSON: Good morning. Amy Patterson for the
record, Director of Capital Project Planning.
I did have a presentation; however, it was tied to the other item that
was a companion which was continued. This is simply a procedural
issue, nonbinding. We have to provide notice to the Property
Appraiser and Tax Collector by March 1st by way of this resolution
that we are considering using -- we, the county, are considering using
the uniform method the collection, which is the property tax bill, for a
potential stormwater utility assessment. That is all that is in front you
today.
We do have recommendations coming forward, as you discussed
earlier, from the Productivity Committee as well as staff on
a way to move forward for potential funding sources for stormwater.
CHAIRMAN McDANIEL: Correct.
MR. OCHS: So this preserves your right to do it but creates no
requirement on you to do anything.
COMMISSIONER TAYLOR: Don't interrupt me. I'd like to
make a motion, with all due respect. No, I would like to make a
motion to that effect, that we preserve our right to -- and to advertise
a utility fee and the fact that it is not binding.
CHAIRMAN McDANIEL: It's been moved that we provide for
the advertising to go forward as per statute. Is that close enough to
what you said?
MR. OCHS: Chairman, not to split hairs, but you've
already approved the advertisement. That's been done in four
consecutive weeks. This is an adoption of a resolution that then goes
to the Tax Collector to allow --
CHAIRMAN McDANIEL: Okay. Forgive me.
MR. OCHS: -- potentially, for that collection.
February 26, 2019
Page 69
CHAIRMAN McDANIEL: I thought that that had to be done
by the end of March. That was the requisite for us to have to do it
today.
MR. OCHS: This resolution needs to be to the Tax Collector by
the 1st of March.
CHAIRMAN McDANIEL: Got you.
COMMISSIONER FIALA: I don't think we should make a
motion before we discuss the subject, and we've got a lot of speakers.
CHAIRMAN McDANIEL: We have discussed the subject. We
won't vote until I hear from the public.
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: And the motion's been made. And
there are several people -- Commissioner Saunders has --
COMMISSIONER SAUNDERS: I'll wait until after the public
comment. I just wanted to make a comment on the motion, but I'll
wait until the public comment.
COMMISSIONER TAYLOR: Well, there's no second to the
motion.
COMMISSIONER SOLIS: Well, just -- I think I'll second it. I
just want to, again, clarify, this is only for purposes of keeping the
option open of using the uniform collection methodology of putting it
on the tax bill and doesn't create a fee or establish a fee or amount or
anything.
MS. PATTERSON: That is correct.
COMMISSIONER SOLIS: Okay. We’re just keeping our
options open.
MS. PATTERSON: That is correct.
COMMISSIONER SOLIS: I'll second the motion.
COMMISSIONER TAYLOR: And just for -- the motion's been
seconded. May I just ask, what is the -- ideally, if it -- whatever we
February 26, 2019
Page 70
do, the final discussion or the final decision -making will be at budget
time; is that correct?
MS. PATTERSON: On or about budget time, there's --
depending on which option the Board elects to move forward with,
because there are several, but I can tell you that the path forward, if
the board were to continue to look at some sort of stormwater utility,
there's a very specific statutory process that we'll walk through.
We would be back in front of the Board late spring, May time
frame with numbers that the Board would look at through a
preliminary rate resolution. There are requirements to certify the
master account file which establishes the billing, and there's a final
rate resolution that has to be adopted by the Board which actually
establishes those utility rates. That would happen sometime over the
summer, potentially between July and September.
So same process we followed last year, so there's many more
steps that have to happen.
COMMISSIONER FIALA: Where you sent the letters out, and
we weren't aware that you'd sent the letters out.
MS. PATTERSON: That is the same process.
COMMISSIONER FIALA: Okay. Just --
CHAIRMAN McDANIEL: And that's --
COMMISSIONER FIALA: -- thought I'd say that.
CHAIRMAN McDANIEL: Yes. Let's go to the public speakers
then.
MR. MILLER: Mr. Chairman, we have 15 public speakers for
this item. Your first speaker is Nick Turner. He will be followed by
Tommy Turner. I would encourage the speakers to use both
podiums, please.
CHAIRMAN McDANIEL: Both podiums. And as people are
moving to the podiums, there are lights that are on top: Green,
February 26, 2019
Page 71
yellow, and red. The green means go, yellow means you have 30
seconds, and red means you're done. Sir.
MR. TOMMY TURNER: I'm going to be taking my cousin
Nick's time also.
MR. NICK TURNER: (Waved hand.)
CHAIRMAN McDANIEL: He has six.
MR. NICK TURNER: I'm too irritated to talk.
MR. MILLER: So Mr. Turner, then, will be followed by Rich
Haylard. I'm not sure if I'm getting this last name right, H-a-y.
Mr. Turner, when you're ready, sir.
MR. TOMMY TURNER: I'm here to speak on behalf of a lot of
people in Collier County that's dead set against doing any type of
collecting money to take care of an issue that should be taken care of
by the county. We were here in September. They said they needed
14 million. It went to 12 million.
Before it was over with, they were willing to settle for
10 million. They stipulated in their document today that they're going
to collect about -- roughly about $8 million in -- from the
unincorporated areas, and it's about -- my calculations are a lot more,
about 10 million, about 11 million from the businesses, all the
parking areas in Naples. And so we've got 20 -- 20 or $20 million
we're going to collect from this revenue source that says we're only
going to get about 8 million.
Also, they already going to collect -- they got 8 million already
designated for that, so that's going to give them about 30 million, and
that's just on the mild side of what they're going to try to do.
And they're not going to fix the stormwater issue, because every
time we get a stormwater issue through here -- we've had it ever since
I've been born here. I've been here since the '50s, and nothing has
changed with water falling on this area.
February 26, 2019
Page 72
We have certain times of year that we're going to get an over
amount of water. I don't know what the county's going to do other
than they're talking about cleaning out what we currently have as
drainage ditches. All this water goes to the Gulf of Mexico. We
don't own the Gulf of Mexico. We're going to have to go across the
incorporated areas, the City of Naples, going to have to go through
Marco Island, different areas. All that water's going to be carried out
to the Gulf of Mexico.
I don't know what staff's going to do as with this water. This
area won't retain but so much water. And I know I don't have much
time, but I want to read to you something that might get your
attention. The history of draining the development of Everglades
dates back to 19th century. A national push for expansion of
progress towards the latter part of the 19th century stipulated interest
in draining the Everglades for agricultural use. According to
historism, the middle of the 19th century to the middle of the 20th
century the United States went through a period in which the wetland
removal was not questioned. Indeed, it was considered the proper
thing to do.
A pattern of political and financial motivation and a lack of
understanding of the geographics (sic) of the ecology of this
Everglades has plagued the history of drainage projects. The
Everglades are a part of a massive watershed that originates near
Orlando, Florida, and drains into Lake Okeechobee and across to
Collier County, ending in the Gulf of Mexico. It's a vast and shallow
lake.
As the lake exceeds its capacity in the wet season, the water
forms a flat and very wide river about 100 miles long and 60 miles
wide, as the land from Lake Okeechobee slopes gradually to the Gulf
of Mexico into the Florida Bay; that's where it was all intended to go
out at, and it flows at a rate of a half a mile per day.
February 26, 2019
Page 73
Before human activity in the Everglades, the system comprised
of the lower third of the Florida peninsula. The first attempt to
drain the region was made by real estate developer Hamilton Disston,
who ended up killing himself after he took and tried to develop the
area over near Broward County in 1881. Disston-sponsored canals
were unsuccessful.
But the land purchased from them stemmed a lot of economic
and population growth that attracted railway developer Henry
Flagler. Flagler built a railroad along the east coast of Florida and
eventually to west -- going down to Key West. Towns grew and
farmland was cultivated along this area and the rail line.
During his 1904 campaign, elected governor Napoleon
Bonaparte Broward promised to drain the Everglades. He promised
in 1900, 120 years ago. Broward sparked a land boom facilitated by
blatant errors in his engineering report that he covered. Pressures
from real estate developers in the burgeoning industry throughout the
South Florida increased the population, brought hunters who went
unchecked and devasting (sic) the impact in the number of the
wading birds. Hunted for the brooms -- their plumes, alligators and
other animals.
Severe hurricanes in '26 and '28 caused catastrophe damage (sic)
flooding from Lake Okeechobee, and that prompted the arms of --
Army Corp of Engineers to build a dike around the lake.
Further floods in '47 prompted an unprecedented construction of
canals throughout Southern Florida following world population boom
after World War II and the creation of the Central and South Florida
control project.
The Everglades was divided into sections separated
by canals and water control devices that delivered water to
agricultural and newly developed urban areas; however, in the late
'60s, following a proposal to construct a massive airport next to the
February 26, 2019
Page 74
Everglades National Park, national attention turned from
development of land to restoring the Everglades.
And that's where we are today. And I don't care what people
from your staff tells you, the stormwater's going to be here, and it's
not going to go down.
Sea level is only few feet below us, and that's where the
freshwater sits on top of where we are. We're not going to fix it, and
I don't know collecting $40 million -- you know, we just increased
1 percent sales tax which I just added on to all my renters, which is
costing them -- for every thousand dollars, it's costing them an extra
seven dollars a month. Now we want to add this under the guise that
we're going to fix all this stormwater stuff. When it rains, it's going
to be where it is. Water seeks its own level, and you're not going to
fix it. And I'm just telling you, it's been going on for 120 years. It's
nothing new to Collier County. It's new to you guys, but it's nothing
new to Collier County.
CHAIRMAN McDANIEL: It's not new to us.
MR. TOMMY TURNER: And you're not going to change it.
I'm sorry. I took more time.
CHAIRMAN McDANIEL: You went over five seconds, but
that's okay, Tommy. Thank you.
MR. MILLER: Your next speaker is Rich Haylock (sic).
(No response.)
MR. MILLER: He may have left. Rae Ann Burton. I know
Rae Ann is here. Rae Ann has been ceded additional time from
Cathy Bartholow. She is here. Rae Ann will be followed by Aaron
Zwiefel. Let me just call these names. I think some of
these people left. George Danz?
CHAIRMAN McDANIEL: George was here, but I think --
COMMISSIONER FIALA: No, George is here.
CHAIRMAN McDANIEL: He's still there. Okay.
February 26, 2019
Page 75
MR. MILLER: Mr. Danz, you will be next.
Ms. Burton, you have six minutes.
MS. BURTON: Thank you. Maybe I can get it in this time.
CHAIRMAN McDANIEL: No, I don't think so.
MS. BURTON: Anyway, my name is Rae Ann Burton, Golden
Gate Estates.
My concern was the 9B and the 11A. 11A is taxing the Estates
for money above monies already collected and taxed on our property
tax. Productive (sic) Committee had three options given to you, or
they were going to present. A flat fee of 120. Coming in today I
heard on the radio that's been changed to 75 for property and 50 for
condos. Condos are still going to be HO fees, so they're going to be
double taxed.
Then there's -- if the flat fee, there's going to be a tax on
tax-exempt churches, and schools and government buildings are
already taxed, so that's double taxing to us. The fee will increase. If
it's 120, my mortgage payment, which I'm still paying, $100 a month.
If it's 75, it will be 625.
Already in 2018 my bill increased by 15.95. So I'll either pay
every month an extra 25.95 or 22.20. Now, that can be a bill
payment for me, or at least my cat's food. I just got rid of the PMI.
Second choice was on your electric bill. Really? Water on your
electric bill? What percent is FP&L going to get? There's no
regulation if it's on our electric bill. It's based on the electric usage.
That's going to be different every month. Will there be a penny tax
on top of this bill as well?
Three, the property tax statement currently has three millage
taxes which total .2733, according to my statement, and one of them
is water management. Already at .1209.
February 26, 2019
Page 76
I still have a mortgage, which could outlast me, but when w ill
these fees and tax increases stop? My only income is fixed, meaning
too many fees, too many taxes, I can't afford my home.
Current and future projects per website. I found only one in the
Estates, and that was considered roadside swale cleaning projected 57
years. Now, I'm sure I won't be here then.
Current projects, all improvements. Thought the fee was for
maintenance, not improvements. None in the Estates. All west of
I-75, which include Naples Park, Naples Manor, Goodlette-Frank,
which I've heard floods, Lely neighborhood improvement. Now,
shouldn't that be the development? Isn't Lely a development? Isn't
that their own issue?
Golden Gate City, well, at least you're getting closer. Again, an
improvement. Tax applies to only unincorporated Collier County but
no maintenance for Collier/Golden Gate Estates swales or ditches
will benefit -- will Naples benefit from this fee?
They already pay a stormwater fee. How is that working? They
still have flooding. The Estates is not Collier's personal bank. Since
Irma, penny tax, misleading information got it passed. Stormwater
fee: Use what's been budgeted on what is necessary now. Review
what it covered and what is still needed, then get a valid maintenance
expense figure, and not Stantec.
Use the year to analyze how to use the currently collected taxes,
three currently on your tax statement, and one is the big basin of
Collier -- the big basin -- Cypress Big Basin, which pays a fee to
Collier County and way (sic) on our statement, we are taxed for them.
So are we paying big basin’s fee? Use the – like I said, analyze the
three statements on our tax -- cut expense, unnecessary jobs, don’t
increase salaries, rent equipment instead of buying new until
maintenance is caught up.
February 26, 2019
Page 77
Caught (sic) county crews leaf blowing dirt and grass from the
medians into the streets. A street cleaner went by kicking up so much
dirt and dust I thought it was on fire. And the Estates are charged for
rainwater that's not absorbed because it runs into the swales, i nto the
ditches, into the canals? Was that not their purpose?
I wonder what the alligators would say about less water. Last
issue: Big barn maintenance center. Not needed. Not wanted. It is a
traffic congestion accident waiting to happen. Please list en to the
public. We live here; you don't. Maintenance first. New and
improvements last. Thank you. And I have a minute 17 left.
CHAIRMAN McDANIEL: My goodness. Somebody write that
down. She was done in less than six.
MR. MILLER: Your next speaker is George Danz. He'll be
followed by Jesse Purdon.
MR. DANZ: I'll take that extra time.
CHAIRMAN McDANIEL: No, you won't. MR. DANZ:
Okay. Mr. Chairman, Commissioners, my name is George Danz.
Attorney Tom (sic) Hooley could not be here today, but he asked me
to read a prepared statement that he has.
He says, I am unable to attend the meeting, but here is a
summary of my position and the position of most of the members of
the East Naples Civic Association.
Number one: Calling this a utility does not make this a utility.
It is a tax.
Number two: Stormwater protection is no different than fire
protection, police station protection, or emergency services.
Number three: The county tried to convince taxpayers that this
should be a utility tax since 1991.
Number four: Voters and
taxpayers consistently opposed this tax for the past 27 years.
February 26, 2019
Page 78
Number five: In 2004 the Board of County Commissioners
recognized that stormwater management was a normal component of
ad valorem taxation and set a .15 mill allocation for stormwater
management.
Number six: Since 2010, the county refused to allocate funds to
stormwater management and failed to maintain the stormwater
infrastructure.
Number seven: The county staff uses this failure to maintain
these facilities as an argument for more taxes.
Number eight: The value of the property being taxed in Collier
County has significantly increased.
Number nine, the county requires new projects to pay for their
own stormwater management in the form of community development
districts.
Number 10, the County Commission owes a duty to apply the
.15 mills from general property tax to stormwater management as
they promised to do in their 2004 vote.
County government has core functions such as fire protection,
police protection, building, zonings ordinance, and enforcement.
Stormwater management is one of those core responsibilities of
Board of County Commissioners. The basic needs must be addressed
before county applies money to affordable housing, business
development, or a municipal golf course.
The county should admit that it failed to maintain the
stormwater infrastructure for the last nine years. This failure by
county government is no reason to create a new tax instead of
exercising fiscal discipline to consistently apply the .15 mill ad
valorem revenue to the problem of stormwater management, and
that's signed by John Hooley. And on a personal note, in light of the
February 26, 2019
Page 79
fact that last September 18th, 2018, this board voted to continue for
one year, I'm confused as to where we are even here. Thank you.
MR. MILLER: Your next speaker is Jesse Purdon, and he will
be followed by Dawn Smith.
MR. PURDON: Thank you. Mr. Chair, Commissioners, and
my members watching at home, Jesse Purdon, Vice President of
Public Policy for the Naples Area Board of Realtors.
I've spoken to some of you-all on this, and I wanted to start by
saying this: We want to thank the Productivity Committee for the
hard work that they've put in to give you guys some excellent
solutions, and I want to compliment you-all, because you-all are the
people who put them there. People like Chairman Mike Lister, people
like Lauren Mellow, people -- Ryan Kazinski.
I mean, these guys really put in a lot of hours and a lot of time,
so that shows me that you-all put a lot of time in selecting them. So
from the aspect of the fact that we are actually involving the
community and potential solutions -- that's how government's
supposed to operate -- we really do appreciate your efforts in that
area. So now what? The issue is this: The staff recommendation is
not even close to the recommendation from the Productivity
Committee. So now --
CHAIRMAN McDANIEL: As a point of reference, we are not
talking about the utility that we've continued until the second mee ting
in March.
MR. PURDON: No, I completely understand.
CHAIRMAN McDANIEL: We are talking about the
advertising, so --
MR. PURDON: I 100 percent --
CHAIRMAN McDANIEL: Okay, Jesse.
MR. PURDON: -- understand why we had to do that
procedurally.
February 26, 2019
Page 80
What I am saying is hopefully we don't have to get there at all.
And the question really is this: The Citizen Advisory Committees,
which the community value so much, had public comment. These
guys took fire from the community as if they were the
commissioners. They sat through a month of talking about this.
They vetted it.
And the staff came to them with about nine recommendations,
seven of which were ad valorem increases.
These folks sat down, pounded numbers, looked at the budget,
and came up with three solutions, none of which were a tax increase.
So now the question is this: Whose voice are we listening to? Are
we going to listen to the staff's voice, or are we going to listen to the
citizen's voice? And is it not premature for us to vote on p otentially
doing that without giving exact same merit to what came to us from
the citizen side of the house.
So with that being said, I would like to say that we would
recommend that you examine this in a post-sales-tax atmosphere so
the folks like the commercial renters who are getting hosed --
because as you all know, Tallahassee took the commercial rent tax
down. That sales tax all but negated that completely. So they got
hosed on this.
So until we can look at the ramifications of that, economically, I
think it is prudent to wait the 12 months, and all three of the solutions
of the Productivity Committee give you the ability to do that.
With that being said, I do appreciate the serious effort you have put in
in involving us. You brought us to the table. Look it, I brought 10
people who should be out making money to those committee
meetings because they thought it mattered. They thought that their
voice was going to be heard. Now here we are listening to the same
exact recommendation that we heard prior to this entire thing starting.
February 26, 2019
Page 81
With that being said, I would urge you, please consider the voice of
the citizens. Once again, I appreciate your service to Collier County.
Thank you-all very much.
MR. MILLER: Your next speaker is Dawn Smith. She'll be
followed by Suzanne Orschell.
MS. SMITH: I'm Dawn Smith.
I want to start off with saying I cannot stress how disappointed
this community is in all of you. You promised to table this for 12
months. You did it for a week, two weeks? You brought it back to
the table in a month.
It was also suggested when you -- the deceit of the one-cent
sales tax passed, that you would revisit this. Well, it looks like it's
going through. I don't -- Mr. Turner I agree with 100 percent he said
(sic). Look where we're built. We're built on swamp. Where do you
think that water's going? How do you think you're going to fix it?
You're not. There's no way you can fix it.
There's pockets of flooding. You have Poinciana that's always --
always flooded. You have Goodlette that sank. Why would a road
sink? Because it's built on a swamp. When you're under a road,
you're going to get the drainage from that. That's a part of the
problem. You're projecting not to do any work in the Estates. I live
in the Rural Estates. I'm going to be paying over $68,000 before any
work is done at my house. I'll be dead by then in 57 years.
I would hope you would reconsider. You know, One Collier had a
Facebook site that pushed through the one-cent sales tax. It clearly
stated, do you want the one-cent sales tax, or your taxes will go up.
Commissioner Taylor, I watched you on the news this morning
saying how dangerous this is and we need it.
The people that lived here long enough know there is no danger. The
water's not -- the water's going to go where it's going to go. The
danger is spraying chemicals in the canals.
February 26, 2019
Page 82
That's all I have to say. And no bus barn on Immokalee Road.
You've got to be kidding me.
MR. MILLER: Your next speaker is Suzanne Orschell. She'll
be followed by Michael Ramsey.
CHAIRMAN McDANIEL: I want to remind everyone that we
are voting on the advertising that is requisite for the -- or the
resolution is for the notification to the tax assessor's office in the
advent that a utility is, in fact, passed, so --
MS. ORSCHELL: Yes. Good morning, Commissioners. And,
yes, I did register for Item 11A, which is not what you're discussing,
so with that being said --
CHAIRMAN McDANIEL: Correct.
MS. ORSCHELL: I'm obviously echoing what these people say
here, but I will be back with my notes.
CHAIRMAN McDANIEL: Thank you.
MS. ORSCHELL: Thank you.
MR. MILLER: Your next speaker is Michael Ramsey. He'll be
followed by Brad Estes.
MR. RAMSEY: Good morning, Commissioners. I'll wait for
the next time. Next speaker?
MR. MILLER: Next speaker is Brad Estes. He will be followed
by Jerry Godshaw.
MR. ESTES: Good morning, Commissioners. Brad Estes. I'm
Secretary of the Poinciana Civic Association, and we urge you to
adopt the resolution and advance it to the Tax Collector.
Thank you.
MR. MILLER: Your next speaker is Jerry Godshaw, and he
will be followed by Anthony Pires.
MR. GODSHAW: Good morning, and thank you for allowing
me to speak. My name is Jerry Godshaw. I did serve on the
Productivity Committee, and I think I still do.
February 26, 2019
Page 83
CHAIRMAN McDANIEL: I was thinking, you still do.
MR. GODSHAW: And, just as a summary, I'd urge you to
consider approving the resolution to continue advertising for this.
But by way of background, I just think it's important for everyone to
recognize that we do have a severe stormwater issue here.
These are swales -- you know, these are culverts that are rusting,
people can't get into their homes during storms. It costs a lot to repair
this. It's inefficient to do so in the way in which we're doing it. So I
would urge that at least we consider the financing options available
and to move forward. Thanks.
MR. MILLER: Your next speaker is Anthony Pires. He'll be
followed by Tim Akhundov. I hope I'm saying that right.
MR. PIRES: Mr. Chairman, members of the Board, Tony Pires,
Law Firm of Woodward, Pires, Lombardo, representing the four
community development districts that are outlined in my letter.
I just want to make sure you know that if I didn't show up here
today, someone may say my clients are not opposed to this. We're
still opposed to the stormwater utility, and we'll see you in the second
meeting in March. Thank you very much. And I recognize the
technical reason for this. And I appreciate the fact the Board is
taking the approach they are not bound by this action. This is more
like a placeholder, and hopefully it will go away. Thank you.
MR. MILLER: Your final speaker on this item is Tim
Akhundov. I hope I'm saying that right, sir.
MR. AKHUNDOV: Yes, thank you.
Commissioners, ladies and gentlemen, thank you very much.
CHAIRMAN McDANIEL: Pull the microphone over there,
Tim.
MR. AKHUNDOV: Thank you very much for letting me speak.
CHAIRMAN McDANIEL: It will come to you.
February 26, 2019
Page 84
MR. AKHUNDOV: First of all, I do not -- yeah, I do not want
to reiterate how -- what a bad idea the stormwater tax is. And, I
mean, we all remember that it was tabled -- supposed to be tabled for
12 months. The study, which was -- it was based on was so half
baked that you could not vote on it and so on and so forth.
Until now, we do not have the answers as to how we are protected
from you keeping to increase it if it is ever adopted. We do not know
what's happening if we have retention facilities on our properties and
so on and so forth. So lots of questions are still unanswered. But
we're not discussing the tax now. We're discussing the advertising.
And in that sense, I just want to explain to you that being a -- I
live in the Golden Gate Estates, and this is a very emotional and very
disheartening issue for those living in the Golden Gate Estates. And
right now discussing advertising of something which we do not have
a final decision on to us looks, A, like putting a cart in front of a
horse and, B, like another illustration that some backstage deal is
going on and our opinion does not matter. So just want you to
understand how that feels to us living there.
Thank you very much.
MR. MILLER: That was your final speaker for this item.
CHAIRMAN McDANIEL: I'd like to say a couple of
things, because some of you are my friends and some of you have
alleged that there's backroom deals going on and certain items are, in
fact, transacting that aren't to Hoyle.
If you will recall, it was I who was voting against this a year ago
in February, March, and April. It was I who assisted in orchestrating
the public outcry in the September budget hearing when we 5-0
deferred this for 12 months.
The deferral of 12 months is 12 months from September. There
is a process. And as staff regularly shares with me -- and I have to
say this out loud to my friends -- this is making sausage, and there's a
February 26, 2019
Page 85
process that has to go on in order for that deferral to be effectuated or
not.
This is not a dictatorship where I get to make the final decision
and suffer the immediate consequences. This is decision-making by
committee, and by the vote of three, this utility can or cannot be
enacted. So it's important for you to understand no one's doing
anything nefarious or misleading. There is a process that has to
transpire in order for this utility to be enacted by a majority vote of
this board. So just to quell those thoughts, Mr. George, my friend.
You suggested, you know, how can we be here today having this
discussion. And in order to have the discussion for the utility or not,
which we have deferred until March, this advertising needs to go on
or not.
Jesse Purdon, if he's still here. I don't know if he's -- oh, there
you are. We relegated this over to the Productivity Committee so
that public could, in fact, be reached out to along the way. What
we're voting on today is a portion of the sausage -making, if you will.
This is all part of the process in the event that this board, by majority,
chooses to enact an additional -- note that I'm calling it a fee. The
Naples Daily News has quoted me calling it something else.
With that, it's Commissioner Saunders' turn to speak.
COMMISSIONER SAUNDERS: Thank you.
I'm going to vote against the motion to move forward with this
because I'm not prepared to vote for a stormwater utility in 2019.
And I think that if we continue to move forward with it, we're
sending a message that this is a probability, and I just don't want to
send that message.
So I'm going to vote against this for the reason that I'm not
supportive of going forward with a utility at this point in time.
CHAIRMAN McDANIEL: Gotcha.
Commissioner Fiala.
February 26, 2019
Page 86
COMMISSIONER FIALA: Yes. I had been, from the start, all
in favor of the stormwater utility until up popped the sales tax.
CHAIRMAN McDANIEL: Well, the TRIM notices, too.
COMMISSIONER FIALA: And the sales tax, out of the clear
blue when we were already collecting that money on the different
projects to me was double taxation; I'm sorry to say it, but I'm just
going to say it right out. And now they want to go back and get this,
which we desperately needed, we did need the stormwater, but not
both. And now, sadly, that's going to prevent me from voting for
this, because they've already pushed the stormwater -- they've already
pushed the sales tax through.
So I would say that the extra money that they have collected
over the years for those different projects, use that money to put
toward the stormwater instead -- toward -- yeah, toward the
stormwater instead.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: I seconded the motion to just bring
the issue forward and on the basis that this isn't committing us to
doing anything in terms of enacting a stormwater fee.
This is, as Mr. Pires actually said, just a placeholder. I haven't
had a chance to look thoroughly at what the recommendations are
from the Productivity Committee. And it is, essentially, just keeping
the options open for whatever the Productivity Committee proposes
and whatever is enacted, if at all, by the Commission. That's the only
reason I seconded the motion.
So I just want to make that clear. I'm very skeptical about a
stormwater fee. I echoed Commissioner Saunders' concern that, you
know, a lot has transpired in the last year in terms of the sales tax, the
stormwater process we went through the last time, and I get that.
So I'm not committing to doing anything in terms of adopting a
fee and -- but I think we need to keep options open, at least for me, so
February 26, 2019
Page 87
that I can understand what the Productivity Committee is actually
proposing. That's all I have.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yes. And I'm not going to vote for
it because I feel that why should we put the methods and the
procedure in place when I don't feel that it's something that we should
be doing anymore.
CHAIRMAN McDANIEL: Yes, ma'am.
And I have -- I have a question for the County Attorney. In the
event that this does not pass, what are, then, our choices?
MR. KLATZKOW: You'll relook at it next year.
CHAIRMAN McDANIEL: During the budget cycle.
MR. KLATZKOW: Yes, but it will be dead for this year.
CHAIRMAN McDANIEL: The re-up for the utility in any form
or fashion won't be addressed until the next budget cycle.
MR. KLATZKOW: The utility exists. What we're talking
about is the funding for the utility.
CHAIRMAN McDANIEL: Correct. The funding for the
utility --
MR. KLATZKOW: So the funding for the utility through the
assessment will be dead for this year.
CHAIRMAN McDANIEL: For the deficits that are existent?
MR. KLATZKOW: Yes.
CHAIRMAN McDANIEL: Okay. Commissioner Taylor.
COMMISSIONER TAYLOR: You know, depending on how
this vote goes right now, I think it's very important, assuming it fails
and we do have an issue of not looking into this for another year, the
rain won't stop, and the flooding won't stop.
And I don't know who in this room drove the streets after Irma --
and, frankly, it wasn't after Irma; it was two weeks before Irma -- but
I did, and it’s clear that
February 26, 2019
Page 88
flooding and stormwater is a huge issue. It's also clear that when the
recession came and we let go of 300 plus-people in Collier County
and didn't raise people's taxes, that budgets were cut, and one of the
budgets that were cut was stormwater. We did that to maintai n the
tax rate.
And it is clear that in 2019 we have significant stormwater
challenges ahead of us that has to do with health, safety, and welfare.
And, ma'am, I would -- more than happy -- I would love you to get in
touch with my office and leave me your number.
MS. SMITH: I have tried numerous times.
COMMISSIONER TAYLOR: And then, please, when the next
storm comes, I will take you around, and Ms. Rae Ann, you’re also
invited.
MS. BURTON: We don't have the issue out there.
CHAIRMAN McDANIEL: It's okay. We're not addressing
right now.
COMMISSIONER TAYLOR: And it is clear that right now the
level of service we have for stormwater specifically about swales is
every 57 years, and that is a problem. So what I would like to do is if
this fails -- and I'd like to make the -- make it really clear. I think it is
very clear that in this current budget process, look at where we are
going to cut, because we cannot take money from the sales tax and
give it to stormwater. You wisely took the stormwater out of any
kind of discussion or sales tax initiative. You did it for a very valid
reason.
And now we are faced with, if this doesn't -- if this doesn't go
forward and the rain doesn't stop, we have to figure out where we're
going to take the money from. And maybe it is more money from
medians. I don't know. But, clearly, we do not have enough of a
latitude in this to fund stormwater maintenance the way it needs to be
funded for the health, safety, and welfare of this community.
February 26, 2019
Page 89
Thank you.
CHAIRMAN McDANIEL: Thank you.
Commissioner Fiala.
COMMISSIONER FIALA: Yes. Rather than take it from the
medians, which everybody is trying to do right now -- and I'm sure
that that's targeted at one particular person in general -- how about
the fact that we've been collecting money for the same projects we
had on the sales tax and, instead, let the sales tax that is in place now
fill the needs that it was designated for, and the money that we've
collected over the years, use that toward the stormwater.
CHAIRMAN McDANIEL: And that may be a discussion that
we can have at another date while we're deliberating over our budget.
And so, with that, I'm going to call the question. All in favor of
the motion to move this forward as the recommendation of the
executive summary, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Fails 3-2.
COMMISSIONER TAYLOR: I look forward to a vibrant and
in-depth discussion at our budget, and hopefully our next budget
workshop, which will be in March. We can start that.
CHAIRMAN McDANIEL: Commissioner Taylor, thank you.
COMMISSIONER TAYLOR: Thank you. Don't mute me.
CHAIRMAN McDANIEL: When we're done voting, we don't
want to go on afterwards.
COMMISSIONER TAYLOR: That's not necessarily true.
CHAIRMAN McDANIEL: It would be my preference.
February 26, 2019
Page 90
MR. OCHS: You ready? Next item, sir.
CHAIRMAN McDANIEL: Yes, sir.
Item #8A
RESOLUTION OF DENIAL 2019-36: 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 -
MOTION TO APPROVE – FAILED TO ACHIEVE A SUPER-
MAJORITY; THE COUNTY ATTORNEY’S OFFICE WILL BE
PREPARING THE RESOLUTION OF DENIAL
Item #9A
AN 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 - MOTION TO APPROVE – FAILED TO
ACHIEVE A SUPER-MAJORITY
MR. OCHS: These are companion items. Item 8A and 9A will
be heard together, Commissioners.
February 26, 2019
Page 91
Item 8A requires that ex parte disclosure be provided and that all
participants are sworn. It's 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
pursuant to the Collier County Land Development Code for property
located on the southeast corner of Golden Gate Boulevard and Collier
Boulevard and then, sir, allow me to read Item 9A.
And 9A is a recommendation to approve by ordinance 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; an adoption hearing,
this would be. So ex parte on Item 8A, Mr. Chairman, please.
CHAIRMAN McDANIEL: Start down here with Commissioner
Solis.
COMMISSIONER SOLIS: I have had several meetings with
Mr. Yovanovich, Ms. Haroldson, Mr. Fruth, Adrian Roman, Anna
Weaver. I had a phone call with Patrick Miller, and I've received
emails from various of the residents adjoining the property.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I've also met with Rich
Yovanovich, Jessica Haroldson, Josh Fruth, Adrian Roman, and
Anna Weaver. I've spoken to a couple planning commissioners, and
I've received a few emails.
CHAIRMAN McDANIEL: Commissioner Taylor, we'll go to
you.
COMMISSIONER TAYLOR: Yes. I received emails, I met
with Mr. Yovanovich and Mr. Ruth (sic) and his staff on Tuesday the
19th, I had a phone call with Mr. Ramsey yesterday regarding this
issue. I also have visited the site, and I think that's it.
Thank you.
CHAIRMAN McDANIEL: Very good.
February 26, 2019
Page 92
Commissioner Saunders.
COMMISSIONER SAUNDERS: I've had meetings and
correspondence, I've met with the petitioner and several of the
residents, and have also taken a look at the site.
CHAIRMAN McDANIEL: And I, myself, have had multiple
meetings, correspondence, and an enormous amount of emails.
MR. OCHS: We have to swear in the participants, please.
(The speakers were duly sworn and indicated in the affirmative.)
MR. YOVANOVICH: Recognizing the -- for the record, Rich
Yovanovich.
Anna's, obviously, going to do the presentation. But I'm just
trying to be sensitive to the fact that we may not get through this
item -- may or may not get through this item with five commissioners
here. So how many -- Troy, how many public speakers are there so I
can judge whether I want to request a continuance before we start in
case there's a chance we may not finish?
MR. MILLER: I have a total of five registered speakers. I do
want to tell -- some of the speakers signed up for both 8A and 9A.
You only get one bite at the apple, so to speak. So five speakers.
MR. YOVANOVICH: Okay. I think we can probably get
through this. So I'm not going to ask for a continuance. I just wanted
to get an idea in case we started it and might not be able to finish.
Thank you.
CHAIRMAN McDANIEL: Brief presentation.
MS. RITENOUR: I'll try. Good morning. My name is Anna
Weaver Ritenour. I'm a Planner with Davidson Engineering here
representing the applicant, Grace Romanian Baptist Church.
My presentation today will include the Companion Items 8A and 9A.
This is the second presentation to this board, so you may be well
aware of the project, but I'm going to brief ly review for the record
February 26, 2019
Page 93
and include the revisions that we've made since our last hearing.
Okay.
The subject property is located at the southeast corner of Golden
Gate Boulevard and Collier Boulevard. It consists of two parcels and
is a total of approximately 6.25 acres. The applicant has two land-use
petitions under review. The first is a small-scale Growth
Management Plan amendment. This is to include the site as an
exception to the locational criteria for a church in the Golden Gate
Area Master Plan, and the second request is for the conditional-use
approval to allow a church in the Estates zoning district. The
conditional-use approval is reliant upon the approval of the GMPA,
which is why we've requested them concurrently. So first I'll go over
that Growth Management Plan amendment. Here's an excerpt of the
plan map for the Golden Gate area with the subject property
identified with the star.
Florida Statutes identify review criteria that are listed here.
County planning staff has found that the application is consistent with
all this criteria and recommended approval of the application. Next,
I'll go over the conditional-use petition. So currently the site is in the
Estates zoning district. This is not a rezone request. Permitted uses in
the district are listed here. And churches are listed as an allowable
conditional use in the Estates district, which means that they've
always been contemplated in this district, but each review is on a
case-by-case basis. So here is the conceptual plan for the project.
We've identified one ingress/egress point to the north on Golden Gate
Boulevard.
The development area will include up to an 18,000-square-foot
primary building to hold the sanctuary and other typical ancillary
rooms for the church. This is a reduction from the
24,000-square-foot sanctuary which we previously proposed, and it
was a result of coordination with the Planning Commission. Just
February 26, 2019
Page 94
south of the building is an area reserved for outdoor recreation and
the possibility of a pastor's residence , which is limited in size.
Highlighted in green are the conceptual areas for preserve and
stormwater retention. We've also identified a minimum 129 parking
spaces which are required. So now I'm going to go through the
redlined conditions of approval that we've made revisions to since
our last hearing before you.
Number 1 limits the hours of church services and meetings,
including a max of one service on Saturdays between 8 a.m. and
9 p.m., three services on Sundays between 8 a.m. and 9 p.m., max
three services on recognized holidays. Thursday evening services
between 6 p.m. and 9 p.m. Weekday church-related meetings and
gatherings between 10 a.m. and 4 p.m. for up to 50 parishioners,
except weddings and funeral. Weekday meetings and gathering
between 6 p.m. and 9 p.m. for up to 100 parishioners except
weddings and funerals, and Easter Sunrise and New Years' Eve
services will be permitted limited to indoors only.
Number 2 limits the floor area to the primary structure to 18,000
square feet, which is a reduction, and includes up to 300 seats.
Number 3 states the church shall provide a maximum of 140 parking
spaces on site with no on-street parking permitted, which is an
addition. Four, we've got our list of -- 4 and 5 are our list of
prohibited and accessory uses, respectively. We've added under
prohibited uses educational -- or, I'm sorry, drug and alcohol
rehabilitation, and we've added under permitted accessory uses
counseling services similar to AA and NA.
So we've added language to differentiate between drug and
alcohol rehab, which is -- a medical facility we never would intend to
be, and fellowship type counseling services, which are typical to a
neighborhood church to provide a safe space for guidance.
February 26, 2019
Page 95
Number 6 is similar -- is the same as what was previously
proposed with the
signage.
Number 7, we did add some language that says leasing to other
congregations is prohibited.
Number 8 limits special events to a maximum of 12 events per
year. Carnivals and outdoor amplified sound are prohibited, which
was a revision that we made after our last public hearing before the
Board.
Number 9 specifically prohibits all outdoor amplified music and
sounds. Ten prohibits lighting of the outdoor recreation area and
allows typical residential lighting for the pastor's residence.
Number 11 specifics detailed lighting conditions on the property
to allow minimal impact to surrounding properties. Number 12
prohibits any church steeple lighting. Thirteen, 14, and 15 also are the
same as what was previously proposed: 13 has to do with the
landscaping adjacent to the southeast, 14 is our building height
maximum, and 15 relates to a dumpster enclosure if needed.
Sixteen is our maximum traffic peak-hour trips. We have not
changed those.
Seventeen is the typical language used for places of worship for
a specific event. If it creates significant traffic, we will hire law
enforcement to direct that traffic.
Eighteen requires a wall along the south property line adjacent
to First Avenue Southwest. So, in conclusion, the applicant would
like to request the Board to move to approve these two requests
consistent with unanimous recommendations made by staff and the
Planning Commission.
CHAIRMAN McDANIEL: Any questions? Commissioner
Fiala, a question of the petitioner.
February 26, 2019
Page 96
COMMISSIONER FIALA: Yeah. Just a question in reading
some of the emails that I received, they were saying that Grace
Romanian Church has already gotten approval on another lot down
the same street. What are they building down there, or is it also for a
church or what?
MR. YOVANOVICH: Actually, what they did, Commissioner
Fiala, is they acquired property that has an existing building on it as a
Plan B. It's not their preference. But they were looking at if this
all -- if they can't build the church that they really want to have in the
location they really want to have it, they had a Plan B. They were in
an office building that really wasn't working for them, so they bought
this other church.
It's not their desired option, so they still want to pursue having
the church that they really want to have on this location, but they did
acquire another existing church as a Plan B; not their preferred
choice.
COMMISSIONER FIALA: So they're not going to have a
church and a church?
MR. YOVANOVICH: No. They'll have one church, and they
want to build one from scatch that really meets their needs versus
having to figure out how to make an existing church work for
themselves.
COMMISSIONER FIALA: Somebody suggested that they
were buying one for a property for the pastor to live in.
MR. YOVANOVICH: No. As you can see on this master plan,
there's already space if they want to have a pastor's residence on the
new church that they want to build. It will be there. So they're not
going to use that other parcel of property for the pastor's residence.
CHAIRMAN McDANIEL: All right. Let's hear from our
public speakers.
February 26, 2019
Page 97
MR. MILLER: Your first speaker on this item is David Meffen.
He's been ceded additional time from Robert Statile. Are you here,
Robert?
MR. STATILE: Statile.
MR. MILLER: Thank you. Statile. He will be followed by
Michael Ramsey.
Mr. Meffen, you have six minutes.
MR. MEFFEN: Good morning, Commissioners.
I would like to start with the neighborhood information meetings that
we had regarding this -- before this new application.
The thing that concerns us the most is the changes. We went to
these meetings. We were pretty much guaranteed what we were
going to have, and then the changes. I think we acted in good faith. I
don't believe they did.
Looking at some of the changes, thousand-square-foot sheds
increased to 1,800 square feet. Lighting moved from 15 feet to
20 feet.
Leasing. They're allowed to lease the property, correct?
COMMISSIONER SOLIS: They just removed that.
MR. MEFFEN: Okay. They removed that.
CHAIRMAN McDANIEL: That was pulled.
MR. MEFFEN: Okay.
CHAIRMAN McDANIEL: And lighting was a benefit from 15
to 20 feet. That's a setback and a reduction. I'm sorry. I told you not
to address the speakers, and I'm doing it. Forgive me.
MR. MEFFEN: Anyway.
CHAIRMAN McDANIEL: Proceed on, David. I'm sorry.
MR. MEFFEN: My point is, this is always a fluid process and,
in my opinion, what changes are we going to see in the future after
you go through with this, once they get their permit? Open up to
Weber? Open up First Avenue? I just don't see them acting in good
February 26, 2019
Page 98
faith like we were hoping at the neighborhood information meetings.
Urge you not to pass this resolution. Thank you.
CHAIRMAN McDANIEL: Yeah. David, Commissioner
Taylor has a --
COMMISSIONER TAYLOR: May I ask you where -- you live
in this area?
MR. MEFFEN: Yes. I don't live too far away. I’m on 27th
Street. But, I mean, I'm at Max Hasse all the time, and so, you know,
the traffic would be an issue for me.
CHAIRMAN McDANIEL: Thank you, David.
MR. MILLER: Your next speaker is Michael Ramsey. He will
be followed by John Kelly.
MR. RAMSEY: Good afternoon or -- good afternoon,
Commissioners. My name's Mike Ramsey. I'm the President of the
Golden Gate Estates Area Civic Association. At the last BCC
meeting this issue was sent back to the Planning Commission. We
attended that, listening to the residents. We watched the changes that
was made at the meeting.
And we held our own meetings concerning this issue. The
residents we met with in my group still feel that the changes made
still does not adequately 42 this end of the community for this
location. The big issue here is community quality of life. We think
that the presence of this organization at this location exceeds the
threshold for what the people expect as quality of life. What you see
on the monitor in front of you, this is First Avenue Southwest. This
happens every day Monday through Friday from 2:30 to 3:30 to 4
o'clock. This is the line of cars that lines up going into the Big
Cypress Elementary there. This is the First Avenue. Once it backs
up back to the park entrance, they have to start coming down Weber
to come in to line up here, so this goes on every day.
February 26, 2019
Page 99
So the other issue we get into here -- you can see that's the line
of cars from the school. So in order to do some safety, they park on
the walks. And this goes all the way down the end of the road every
day. Now, on special events at the Max Hasse Park, this goes on both
sides of the road all the way down to Weber on First Avenue
Southwest. So when the park has events and other issues, special
events and holiday issues, the residents have to deal with this, and
this is a quality-of-life issue to them.
The other thing about it is the transportation is the biggest issue,
and then the lights and the noise was one of the most frequent
comments we got from our residents. Last thing that they are still
concerned with is being able to lease outside operations. So here's an
aerial of the location of Golden Gate Boulevard, Max Hasse Park,
entrance road into it. You can see where they have now purchased the
old Presbyterian church there on the entrance road. It's less than a
half mile away from the other location. First Avenue Southwest is
where all the traffic issues are, and now that the block has been put in
Golden Gate Boulevard, there's going to be more traffic on First
Avenue as they use the red light at Max Hasse Park.
This area, because of the block at Golden Gate, almost all traffic
now has to go down Weber to White. This just keeps piling on traffic
and transportation in this one area. We think it exceeds the threshold,
and we believe that this operation shouldn't be in this location, so we
recommend denial. Thank you.
MR. MILLER: Your next speaker is John Kelly. He was ceded
additional time from Renate Kelly, is present -- is she present?
MS. KELLY: (Raises hand.)
MR. MILLER: Thank you.
CHAIRMAN McDANIEL: She is.
MR. MILLER: You will have six minutes, sir, and this is your
final speaker on this item.
February 26, 2019
Page 100
MR. KELLY: Good morning, Commissioners. My name is
John Kelly. I'm speaking for myself and Mrs. Kelly.
She resides at 291 Weber; I reside at 221 Weber Boulevard South
located within Golden Gate Estates, Unit 4, we've resided there in
excess of 25 years. Together it's a combined 10 acres.
I originally opted to locate in the Estates as it was, for the most
part, a rural, slower, and more tranquil way of life. There was less
traffic and, of course, it was more affordable than the urban area. I've
always expected that Golden Gate Estates, Unit 4, would develop but
never expected that it would be commercialized to the extent that it
has been.
Again, this is the second time you're hearing this petition. It was
initially denied with a vote of 3-2; however, that denial was
withdrawn, and it's my understanding that Commissioner McDaniel
desired additional public outreach and requested the item be returned
to the Planning Commission in an effort to ameliorate the impacts of
a church on the neighborhood.
Only the latter part of that request was recognized, and the
concessions were minimal and, to a greater extent, I don't believe
they're really enforceable.
With respect to the public outreach, your staff just completed a
major reevaluation of the Golden Gate Area Master Plan and, for the
most part, learned that the residents of the Rural Estates appreciate
their way of life and desire to maintain it.
This study was passed by you and transmitted to the state, so I
trust approval is pending. The residents of the rural Golden Gate
Estates have spoken during that process. It should be noted that
Golden Gate Estates, Unit 4, is somewhat unique in that it is
encompassed by three major roadways and a canal system,
specifically Collier Boulevard and a canal to the west, White
Boulevard to the south, and Golden Gate Boulevard to the north.
February 26, 2019
Page 101
The northeast quadrant has been severely impacted by the Big
Cypress Middle School, Max Hasse Community Park, two Jehovah's
Witness kingdom halls located upon the same property, and what had
been the failed Cypress Wood Presbyterian Church, which was
purchased several months ago and is now the current home of the
Grace Romanian Baptist Church. Additionally, Weber Boulevard
South and First Avenue Southwest serves as a convenient means of
accessing these uses. Additionally, Weber Boulevard South has
become a high-speed bypass for County Road 951, Collier
Boulevard. As the county will not act to reduce the speed of traffic,
there is little residents can do but to protest any uses that will increase
traffic.
With the speed and quantity of traffic on Collier Boulevard,
Golden Gate Boulevard, and Weber Boulevard South, locating a
traffic-generating use at the subject location is an accident waiting to
happen. The location is horrible. The present location of the church
is a much better-suited location, as it is served by a traffic signal.
Lastly, please note that there are two petitions before you. One
being the amendment to your newly-approved Golden Gate Area
Master Plan and the other for a conditional use. Without the former,
the subject project is not consistent with your Comprehensive Plan,
and there should have never been an expectation that any
development other than that of a single-family residence could occur.
The fact as was brought out at your last meeting the last time
this was heard, the fact that this petition could result in this being the
third church to be denied at a major intersection should be irrelevant.
Each petition has stood on its own merits. The fact that -- the fact is
that this is a traffic-generating quasi-commercial use being
shoehorned into a residential area.
Please preserve the Estates' quality of life by voting no to the Golden
Gate Area Master Plan amendment. Thank you very much.
February 26, 2019
Page 102
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I received an email from
Mr. Shortameyer (phonetic) regarding an easement that if this is
passed, to have -- and I'm not sure, sir, whether you've talked to him,
but there's a -- the western edge of the property -- to allow public
recreational use and access to the South Florida Water Management
District waterway. The width and use of that to the north and many
other -- I'm sorry. The width and use of that easement should be
similar to that available adjacent to St. Agnes. I'm having trouble
with the waterway. So maybe we could get some --
CHAIRMAN McDANIEL: What does that have to do with St.
Agnes?
COMMISSIONER TAYLOR: No. He's talking to -- saying the
width of the easement should be similar in terms of what St. Agnes
has. So, apparently -- and I'm not aware of that planning process.
CHAIRMAN McDANIEL: Right. That was quite some time
ago.
COMMISSIONER TAYLOR: But I'm not even sure about
public access, and for what?
CHAIRMAN McDANIEL: I do know what you're dealing with
South Florida Water Management, which, you know, we have an
MOU with the district and the canals and who owns them and who
maintains them, and I do know that there is access easements
afforded on canals systems that are owned by the district for public
access and recreational purposes. I do know that. That is -- and
that's been an issue in my private life in the past.
COMMISSIONER TAYLOR: Maybe that's what that's
referring to.
CHAIRMAN McDANIEL: Maybe that's what they're, in fact,
referring to there is that in -- that easement is synonymous with
what's already existent to the north.
February 26, 2019
Page 103
I don't know for sure. This is new news to me. I'm just supposing at
this stage, so...
Do you have anything to say?
COMMISSIONER TAYLOR: About that?
MR. YOVANOVICH: Not about that, but --
CHAIRMAN McDANIEL: Not about that?
MR. YOVANOVICH: I have some things to say about some of
the speaker, but I’ll wait until -- I guess is staff going to reiterate
that they recommend approval, or is there any additional?
MR. OCHS: Staff recommends approval.
CHAIRMAN McDANIEL: Right.
MR. YOVANOVICH: To both.
MR. OCHS: To both.
MR. YOVANOVICH: Just real briefly in response to some of
the issues that came up.
One of the initial comments was they didn't want access on
Weber, so we moved the access to Golden Gate Boulevard,
obviously, in response to the community. The lighting is in response
to the community. The hours of operation and the limited hours of
worship are all in response to the community.
One of the concerns that the Commission has was, as one of the
speakers said, the, quote, fluid nature of this request, and we were
asked to go back out again and reach out to the community and go
back to the Planning Commission.
We, in fact, tried to get meetings with the Estates Civic
Association, and our requests were denied, but finally they agreed to
let us come to one of their monthly meetings. So we, again, went out
and presented to the Estates Civic Association and we went back to
the Planning Commission, and the Planning Commission was tasked
with making this more compatible with the community than it
previously was. And I think we did a good job, because the Planning
February 26, 2019
Page 104
Commission unanimously recommended, with the cha nges, that we --
unanimously recommended approval of both petitions with the
recommended changes.
Our parking is required to be on site. Our hours -- the peak
hours of a church are at -- on Sundays. We're not going to be
fighting with school pickup and drop-off as that photograph
indicated. And if we do have any special events, we have to park our
people on site. We have 12 peak-hour trips during the normal
weekday, and then we have our weekend, you know, trips.
And as I said the last time, we're on a major intersection of
Collier Boulevard and Golden Gate Boulevard. I don't know where it
would be more appropriate to have a church of this nature on the
property. We have always acted in good faith, and we've made
revisions in response to comments. And we are requesting that the
Board of County Commissioners follow the recommendation of your
Planning Commission and your staff and approve both the Comp
Plan amendment and the requested conditional use for a church.
And with that, we'll answer any -- oh, I wanted to talk about
leasing. We have specifically made it clear that -- and it's always
been a concern about leasing to outside congregations, and we've
made that very clear, and you saw that, that's prohibited, and previous
to that we were only allowed to lease to charitable events and/or
doing NIMs, and we always had to have a church member present
when it occurred.
So it's not a money-maker. It's to make it available to other
charitable organizations was the prior leasing, and that has not
changed, or we're down to just -- and we have special events which
stay the same, and we took care of Mr. Kelly. He had raised the issue
about carnivals and amplified music.
I think we've been responsive to the community, and I think we
will 42 in nicely with the community, just like other churches that
February 26, 2019
Page 105
I've given you examples of have 42 in with the neighborhood. When
neighbors were concerned, those concerns did not come to fruition.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yes. With that other church that's
down the street that they now own, would they do -- some of those
things that they guaranteed they won't do at this church, will they do
it at that church?
MR. YOVANOVICH: That -- no, they won't, because that
church has a totally different conditional use and does not allow the
uses you're -- does not allow those uses.
CHAIRMAN McDANIEL: Not without coming back for
another conditional-use request on that side.
MR. YOVANOVICH: Correct, right.
COMMISSIONER FIALA: Yeah. Because I want to make
sure -- in my humble opinion, the Golden Gate Estates area is one of
the prized areas as far as I'm concerned throughout the country. How
many places have the peacefulness and the dark skies and so forth
that they treasure and that they bought out there for.
And it's difficult for me to approve this except that it's in a
location that won't be down somebody else's street or anything, and --
but with them owning the other one, it makes me just a little fearful,
but -- and we can't say, well, will they sell it, because then you
can't -- you know, they don't have to guarantee that they'll sell
anything.
But if they got rid of the other one, then we wouldn't have to
worry about something happening down the street.
MR. YOVANOVICH: Right. And we were sensitive, too,
because we have Dark Sky lighting standards on our property to
make sure that we are sensitive to exactly what you're speaking
about.
February 26, 2019
Page 106
COMMISSIONER FIALA: And I read all of that, and they've
limited a great many things, and I felt that that gave people a little bit
more comfort. But I just wanted to make sure that we don't leave a
stone unturned, especially regarding the other facility that's right
down the street.
MR. YOVANOVICH: I understand.
COMMISSIONER FIALA: So then it would allow them to do
the thing that they did want to have done, but --
MR. YOVANOVICH: We're not. We can't do what we -- what
we've said we won't do here, we won't be able to do there. Does that
make sense?
COMMISSIONER FIALA: Yeah, I understand what you're
saying. I think that's clear.
CHAIRMAN McDANIEL: Go ahead.
COMMISSIONER TAYLOR: You finished?
CHAIRMAN McDANIEL: Well, I have questions for staff. So,
please, if you have one for the petitioner, then go ahead, please.
COMMISSIONER TAYLOR: I understand wanting to build
something that you can customize to your needs. I understand that
and I can respect that. I'm very troubled by the fact that they own
another church.
COMMISSIONER FIALA: That what, please?
COMMISSIONER TAYLOR: They own another church. And
I know that churches cannot be sold to anyone who doesn't use it for
another church, so -- and I'm troubled by the traffic. And the --
CHAIRMAN McDANIEL: The church-to-church thing is not
as accurate as it could be.
COMMISSIONER TAYLOR: It isn't? Well, some churches,
let's put it that way.
CHAIRMAN McDANIEL: Well, anybody can buy the piece of
property. You can't do anything other than what's legally zoned on
February 26, 2019
Page 107
that piece of property without going through a rezone and a
comprehensive Growth Management Plan amendment process. So
they can sell the church to anybody. What the uses are, are then
determined by the new buyer.
COMMISSIONER TAYLOR: Yeah, but I understand -- and
maybe I'm -- but at least by folks that I know that are congregations
selling a church, they couldn't sell it to anyone who didn't want to use
it as a church. There's a prohibition. But I'm not saying that's every
religion, but that's my understanding. But that's aside from the point.
I'm troubled by the traffic.
CHAIRMAN McDANIEL: So am I. And while we're on the
traffic, let's just bring Trinity to the --
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: -- podium, because that was going
to be my next question.
COMMISSIONER TAYLOR: And are we changing -- are we
changing the zoning from residential to a more intense use, and is
that the wisest use of this property? So I'm troubled by it.
MR. YOVANOVICH: The zoning's Estates, and conditional
uses for churches are an allowed use through this process. So the
zoning is still Estates. It's not being changed to residential.
COMMISSIONER TAYLOR: Okay.
MS. SCOTT: Good afternoon.
CHAIRMAN McDANIEL: Good afternoon.
MS. SCOTT: Trinity Scott, Transportation Planning manager.
CHAIRMAN McDANIEL: How are you?
MS. SCOTT: I'm great. How are you?
CHAIRMAN McDANIEL: Good, good, good. Thank you.
And my questions for you, Trinity, are the -- and my colleagues
for -- I don't know -- I wasn't looking at who was copied and who
was not on the correspondence that came to me.
February 26, 2019
Page 108
The large issue is the intensity of the use, because there's no
argument that this use is going to be more intense than a
single-family home or residential use that it's currently zoned for, and
then we see the quality-of-life issues that have arisen over on First
because the municipality over a period has allowed for a lot of
intensities over there at the end of First with Max Hasse, the two
churches, and the school, and so on.
So my question is, what do we have to do to provide some
certainty for traffic-calming devices on both Weber and on First?
MS. SCOTT: The Board can direct staff to initiate that study.
In our current neighborhood traffic management program, Weber
Boulevard is a roadway that we would typically not consider;
however, the Board can direct staff to go out and do the necessary
data analysis and engage the public with regard to that and come back
and report to you.
CHAIRMAN McDANIEL: Okay. So having -- and that -- I
guess that comes around to -- and I'm not sure about the legalities. Is
it legal for parents to park on a -- on one of our public highways in
waiting for the school to open like that?
MR. CASALANGUIDA: Commissioner, they're in the vehicle,
so they're not technically leaving the vehicle alone. They could move
the vehicle if you they had to. I think a lot of your schools have that
issue, both --
CHAIRMAN McDANIEL: Oh, yes. It's quite a process. So I
just wanted to know, you know, if there was anything we might be
able to do to assist those residents who have been impacted quite
severely by that.
So, basically, what I'm hearing from you, you need separate
direction from us with regard -- you really can't do anything with
regard to the traffic-calming issues with this particular petition.
There has to be a study. You have to go out, do warrants, or do
February 26, 2019
Page 109
whatever it is, because I know -- I had multiple meetings with Mark
Strain who originally had suggested traffic-calming devices along
Weber and on -- I don't know if they were on First as well, but I was
told that, you know, we can't do stop signs and that you actually have
to do warrants before you --
MS. SCOTT: Absolutely. Weber Boulevard has been the
discussion throughout the Planning Commission. Stop signs, they
must meet warrants per the code of federal regulation as well as the
Manual of Uniform Traffic Control Devices. And I have our
professional engineering staff, Dan Hall, with me today; any type of
device that we put out there, we need to collect data. We need to
look and see what the proper device to manage that traffic would be.
You know, lots of folks go straight to speed humps. Well, that might
be the proper application for this roadway, and we certainly don't
want to put something out there that after we pay to construct doesn't
work.
I'm going to use the chicanes as an example on 13th. Everyone
hates those. So we certainly don't want to get into that situation, so
we want to analyze, engage the public, engage the folks who are also
off of those finger streets with regard to anything that we wou ld do
on Weber Boulevard, because they would be impacted as well, as
well as our Sheriff's Department, our Emergency Management, and
our Fire Department.
CHAIRMAN McDANIEL: Okay. Thank you.
MS. SCOTT: You're welcome.
CHAIRMAN McDANIEL: I want to compliment the petitioner.
It was I who sent them back to the Planning Commission. It was
I who asked them to make the adjustments to their site plan, to their
impacts, to their hours of their operation. I still am not comfortable,
especially now having learned that there is another site that the
church owns over at the traffic light. I'm not comfortable with this
February 26, 2019
Page 110
use and it's compatibility with the neighborhood. There is no
argument that this impact is more severe than the current zoning that
currently exists on this site for residential purposes and will be an
impact that is already being exacerbated by the uses that have been
allowed in that particular area. I still have concerns.
And there's no -- I mean, there's really -- I mean, I applaud you
for your efforts. I can't take away your efforts and endeavors to try to
appease the residents in the neighborhoods and the folks of the
neighborhood, but I still can't get happy with the compatibility side of
the use request.
MR. YOVANOVICH: Let me -- can I respond to that?
CHAIRMAN McDANIEL: Of course.
MR. YOVANOVICH: A couple things. That church that was
acquired was formally a Presbyterian church, and it existed at the
time the analysis was done for the additional church on this particular
piece of property. So it was factored into the equation with regard to
traffic impacts and compatibility.
There is no testimony in the record other than your professional
staff and our professional planners who are qualified to testify with
regard to compatibility for this property, and it has been found
compatible by everyone along the way: Staff, the Planning
Commission has found this to be compatible especially with the
changes that we've made.
I wish we could do something today with regard to the concern
about traffic up and down Weber. It sounds like a study can be done,
and we have committed to paying our fair share of what those
improvements may or may not be to slow down traffic on Weber that
we're not exacerbating, with all due respect, because we're really not
a peak use during the normal day. We're a Sunday use. We're not
exacerbating the traffic situation on Weber.
February 26, 2019
Page 111
We have done what we have been asked to do, and I appreciate
the compliment, but, you know, we did what we were asked to do,
and your Planning Commission came back unanimously and
recommended that this be approved, and we hope that a
supermajority of the Planning Commission (sic) can go ahead and do
that. And with that, that's my only comments to your specific --
CHAIRMAN McDANIEL: Thank you, sir.
Commissioner Fiala.
COMMISSIONER FIALA: Yeah. There was a
picture up on the -- that you -- when you first started your
presentation, and it showed where the other church was and where
this church was, but I didn't know -- I didn't say --
CHAIRMAN McDANIEL: That wasn't them. That was --
MS. RITENOUR: That was Mr. Ramsey's photo. I'm not sure.
CHAIRMAN McDANIEL: Would you like to see that picture
again?
COMMISSIONER FIALA: Yeah, I would like to see it,
because it didn't say which is which, and I just wanted to know -- oh,
you've got it, Troy.
CHAIRMAN McDANIEL: Troy's working on it.
MR. MILLER: Just a second, and I'll get it up there for you.
COMMISSIONER FIALA: Okay, great. I just wanted to see
which was which.
CHAIRMAN McDANIEL: It was the green one there on the
bottom. There you go; that one there.
COMMISSIONER FIALA: Now, which one are they in now?
CHAIRMAN McDANIEL: They are in neither. They are in
neither of these.
COMMISSIONER FIALA: Oh, really?
February 26, 2019
Page 112
CHAIRMAN McDANIEL: Yes. The one on the left at the
corner of 951 and Golden Gate Boulevard is the proposed site that
we're both voting on today or not.
COMMISSIONER FIALA: Okay. So their entrance there, they
don't have to be driving down the street or anything, so it wouldn't be
bothering the homeowners and so forth there; is that correct?
MR. YOVANOVICH: I would think you'd prefer that we be on
the corner of 951 and Golden Gate Boulevard.
COMMISSIONER FIALA: Yes, that's exactly what I'm saying.
And where is the school that they were showing the line of traffic to?
Is -- that's down at that end.
CHAIRMAN McDANIEL: At the end of First. And then the
second block is the location that they've recently -- well, not recently,
but they purchased as well.
COMMISSIONER FIALA: Oh, and that's Golden Gate
Boulevard. I see. So they're actually -- this one is on the corner of
Golden Gate and Collier Boulevard.
MR. YOVANOVICH: Correct. That's the one we're proposing
today.
COMMISSIONER FIALA: And where is the ingress/egress?
MR. YOVANOVICH: Right -- go further to the -- go back up
to the Golden Gate Boulevard, then slide to your west. Right around
there. Ballpark. I mean, I could pull back up the master plan, but
that's the general location. Good job.
COMMISSIONER FIALA: Okay. I guess we're all still
concerned about that second piece of property, but --
CHAIRMAN McDANIEL: And if I might say, just on the
second piece of property, it's -- you know, one of the things that was
inclining me to support this project was their prior occupation of an
office space and having a home. Now that I know that they have a
church that's already existent that has been a church at a different
February 26, 2019
Page 113
location that I think would be less impactful for the neighborhood --
because it's already a church now. It was a Presbyterian; now it's the
Baptist church -- I'm less inclined to support this application.
COMMISSIONER TAYLOR: Commissioner, just a question,
because Commissioner Fiala made a good point. If you could put the
green up again. What is less impactful; if folks have to --
CHAIRMAN McDANIEL: We can't stop traffic, public traffic
on First. That's not going to stop. But to the west of the square that
they have where -- that's in front of the school and the park, Max
Hasse Park and the light -- that's a traffic light right there on Golden
Gate Boulevard, a fully signalized intersection that will allow people
to come and go on Golden Gate Boulevard east/west and still go out
on First to Weber and go south and then to White to go out t o 951.
Again, public roads. As Mr. Casalanguida said, as long as they
stay in their vehicle, they're okay.
COMMISSIONER TAYLOR: All right. Thank you.
CHAIRMAN McDANIEL: Yes. Commissioners, are you
okay?
COMMISSIONER SOLIS: Yes.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Just a -- and I would normally bring
this up probably later on in the day, but I don't know if I'll be here.
And there seems to be a recurring issue every time we have a
zoning application like this when there's a school nearby. And I'm
wondering if there's any discussion with staff and the school district.
And I don't think we can dictate anything to the school district.
But I really think we need to have a discussion, because I have seen
at least six pictures of the traffic from a school backed up in every
single one of these applications that we've seen near a school. And I
know it's an issue off of Livingston. You know, it's a recurring
theme, and maybe we need to work with the school district to address
February 26, 2019
Page 114
that, because it seems that this stacking up of traffic outside of a
school is a problem, and it puts a burden on everybody else.
CHAIRMAN McDANIEL: It's certainly putting a burden on the
folks on First. I know when I used to line up at the Vineyards to pick
up my own children, they had a queue all the way around.
COMMISSIONER SOLIS: Well, it's a problem, I think, at
almost every single elementary school.
So I'm just wondering if there isn't something that we can try to
address at least with some communications with the school district.
And I'll be glad to try to do that. This just seems to be a recurring
problem.
If things are now that parents don't let their kids ride the bus or
whatever, maybe we need to address that in some way. I don't know
if there's anything we can do, but I think it's something we need to at
least try to address with the school district.
MR. CASALANGUIDA: It did change the code for the charter
schools to require a traffic study, and the newer schools are doing a
better job of doing traffic circulation. A lot of the older ones are the
ones that are problematic.
So, Trinity, if you want --
MS. SCOTT: I would echo that. We -- with the school up on
Livingston, we just actually had a coordination meeting with the
school district a week or two ago talking about the new high school
but also coming back and addressing some of the concerns that we
have with regard to the elementary school.
We also have a similar issue on Immokalee Road where our
operations folks have actually gone out at Palmetto Ridge and then
the adjacent elementary school and observed traffic and have been
working with their engineers to try to come up with solutions that
will utilize the existing space that they have better, understanding
February 26, 2019
Page 115
their state law that they have to keep the parent traffic and the bus
traffic separate.
COMMISSIONER SOLIS: Right.
MS. SCOTT: So there is limitations with some of the existing
sites, but we're trying to work with them as best as possible where we
can to get the traffic off of the roadway.
COMMISSIONER SOLIS: Okay. And I -- you know, I can
appreciate Mr. Yovanovich's eyes rolling back in the back of his
head, because I just brought up an issue that's totally unrelated to the
application, but I think it's something that we need to try to work on,
and I'm glad to hear that we're trying to solve those issues, because
it's a recurring theme every time we have an application.
That's all I have.
COMMISSIONER FIALA: I just read that that's something
that's really -- and not only with us, but other counties around us,
same problem. And so I think you're hitting the nail on the head, and
we should start it sooner rather than later.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I'm going to go ahead and
make a motion. I supported this project when it came before the
Board the first time, and I think they've made some improvements.
So, I'm going to make a motion to approve the two items. Obviously,
it needs four votes to pass, but it's time now to make a decision, so I'll
make a motion to approve this.
COMMISSIONER FIALA: I'll second the motion. And I think
that whoever drafted this, I think it was the Planning Commission, I
think they took -- and it was not the first or the second bite of the
apple, but it was the third bite of the apple until they kept cleaning it
up to a point where it would be -- it wouldn't be as much of an impact
to the surrounding communities, and so I will second that motion.
CHAIRMAN McDANIEL: Well --
February 26, 2019
Page 116
COMMISSIONER SAUNDERS: It's deja vu all over again.
CHAIRMAN McDANIEL: I think it's time to go -- it's been
moved and seconded that the applications, both of the items be
approved. All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: All opposed?
Aye.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN McDANIEL: I'm sorry.
COMMISSIONER TAYLOR: Sorry.
CHAIRMAN McDANIEL: With that, we will take lunch and
be back at 1:34. I'm going to give you an extra minute.
(A luncheon recess was had.)
MR. OCHS: Mr. Chair, you have a live mike.
CHAIRMAN McDANIEL: Outstanding. Thank you very
much.
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: Good afternoon, everybody. We
are back.
County Manager, where are we going to go?
Item #9C
ORDINANCE 2019-03: ADOPT AN ORDINANCE AMENDING
ORDINANCE NO. 2002-63, WHICH ESTABLISHED THE
CONSERVATION COLLIER PROGRAM - ADOPTED
W/CHANGES AS PRESENTED; MOTION DIRECTING STAFF
TO WORK WITH CCLAAC ON THE 2020 REFERENDUM
LANGUAGE – APPROVED
February 26, 2019
Page 117
MR. OCHS: We're going to go to 9C, Commissioners; that's
your last public-hearing item that was moved from your summary
agenda at Commissioner Saunders' request. This is a ecommendation
to adopt an ordinance amending the Conservation Collier ordinance.
CHAIRMAN McDANIEL: And it prior was the 17 --
MR. OCHS: C.
CHAIRMAN McDANIEL: -- C, just for clarification.
MR. OCHS: Right. So, Commissioner Saunders, staff's ready
to respond to questions or however you wanted to proceed.
COMMISSIONER SAUNDERS: I wanted to make sure that
some of the little technical issues that some of the environmental
groups had raised was included. That's why I pulled this, because
this is on there for final approval.
The County Attorney provided me two pages which would be
replacement pages for the ordinance. One is Page 1 and the other's
Page 18. And if you could put Page 1 on the visualizer and be
prepared to put Page 18 on there, I think these changes may answer
all the questions that some of the environmental folks had. I don't see
any of them in the room. Oh, no, I'm sorry. I see two.
One of the concerns was the dealing with the whereas clauses
and making sure that we didn't change the whereas clauses in the
existing ordinance, and so what Mr. Klatzkow has put together is a
new set of whereases for the new ordinance, which just basically says
we're adopting an ordinance. It doesn't change any of the whereases.
So the existing whereases would continue --
MR. KLATZKOW: Exactly.
COMMISSIONER SAUNDERS: -- in effect. And if you'll go
to Page 18, there was some language that was being deleted, and this
needs to stay up there a little bit longer. And this undeletes.
MR. KLATZKOW: My understanding, that was the request.
February 26, 2019
Page 118
COMMISSIONER SAUNDERS: Yeah. So that language that's
highlighted there would stay in; is that correct?
MR. KLATZKOW: Yes, we would undelete it.
COMMISSIONER SAUNDERS: Okay. So those are the two
changes, and I wanted to have the environmental folks see those two
changes. If that covers their co ncerns, then we're good to go. There
may be some others.
MR. CORNELL: Are you inviting us to talk?
MR. MILLER: I do have Brad and Gladys registered to speak,
if you would like me to call them at this point.
CHAIRMAN McDANIEL: Absolutely. You're just going to --
and, Brad, you will not be forgotten. It just is -- these are new issues.
I didn't know what Commissioner Saunders wanted to talk about
specifically, and so, yes, absolutely. Does staff want to say anything
before we go into the public speakers?
MR. WILLIAMS: Commissioner, Barry Williams, Parks and
Recreation Director.
We would follow the will of the Board in this matter, and
certainly those changes wouldn't affect us in a negative way, so...
CHAIRMAN McDANIEL: Okay. So I have a couple of
commissioners that wish to speak. Let's go do -- you want to
comment, or do you want to hear the public first?
COMMISSIONER TAYLOR: No, just, basically, I agree with
the ability to swap lands, especially when you're trying to accumulate
an area for a specific purpose like water resource, things like that. So
I'm -- I'm glad they're -- I like the suggestion, so I'm comfortable with
both. And that's all I have to say.
CHAIRMAN McDANIEL: Commissioner Solis?
COMMISSIONER SOLIS: I just want to make sure that I
understand what the change means, because we had this discussion
last time, or we had a discussion about the change when it was going
February 26, 2019
Page 119
to be deleted, and I think after the fact I realized that maybe I didn't
really understand. I might have had it backwards. So I don't know
if --
CHAIRMAN McDANIEL: And who would you like to have
clarify your issues?
COMMISSIONER SOLIS: Well, I think Barry -- I don't
know -- if you could just.
MR. WILLIAMS: We just wanted to put something on the
screen for you for a visual.
COMMISSIONER SOLIS: Okay.
MR. WILLIAMS: So if you un-strike through this language and
leave it, what it does is it gives you the opportunity, if you wanted to
acquire a parcel strategically -- and we're using Winchester Head as
an example where we have multi parcels that we're trying to collect.
So the example that you would point to is -- let me just take the
mike here. You just want to look at this particular instance. So this
dark area here is Conservation Collier land, and these other different
colors are lots that we'd like to acquire.
So say, for example, somebody wanted to sell us a property in
these areas. It would be beneficial for us to buy those areas and fill in
the matrix, if you will, but then, as a swap, you might loo k at the
lands that we own up here that is less desirable, and if the swap
occurred, the development rights would reoccur on that property so
that the person -- incentive for the person to do the swap could
develop the land in the potential they want. In this case, what you're
seeing is right next to that lot there's a lot here's that's residential. So
a likely scenario, somebody would get this, development rights
would come on, and they could go build a house on it, say.
COMMISSIONER SOLIS: So those two lots that you were just
pointing at, the one that's next to the residential and then the four lots
below it, if we wanted to swap those just to have a contiguous piece
February 26, 2019
Page 120
of Conservation Collier land, then if we undelete the language, then if
we did that swap, then the development rights would go back on the
northerly piece that a private owner would end up with.
MR. WILLIAMS: It'd give you that option, yeah. You'd have
that tool in your toolbox.
COMMISSIONER SOLIS: Okay. That's all I had.
CHAIRMAN McDANIEL: Let's go to our public speakers.
MR. MILLER: Mr. Chairman, your first speaker is Gladys
Delgadillo. She'll be followed by Brad Cornell.
MS. DELGADILLO: Hello. Gladys Delgadillo on behalf of the
Conservancy of Southwest Florida.
I want to thank this commission and CCLAC for working with
the Conservancy throughout this revision process and addressing
many of our concerns. I especially want to thank Commissioner
Saunders for addressing two of our remaining concerns today.
I haven't seen the new whereas language. I think the
Conservancy still has some questions if they could be clarified for the
record by the attorneys. I'm still a little bit confused about what
happens to those whereas clauses. Do the original whereas clauses,
you know, remain in effect and show intent for this ordinance? And
what happens then to the change the BOCC made at the last meeting
regarding the ad valorem or other funding sources? Does that just
become null because now we're just sticking with the old whereas
language?
The Conservancy is comfortable with the old whereas language,
so if that's the case, we support that. We were concerned about
removal of language which limited use of Conservation Collier
dollars for acquisition and management but would just appreciate
further clarity as to what remains to speak to the intent of this
ordinance, and we thank you for your time.
MR. KLATZKOW: Old whereas language remains.
February 26, 2019
Page 121
CHAIRMAN McDANIEL: It does.
MR. KLATZKOW: That's the purpose of this.
MR. MILLER: Your final registered speaker on this item is
Brad Cornell.
MR. CORNELL: Good afternoon, Commissioners. Brad
Cornell on behalf of Audubon Western Everglades and Corkscrew
Swamp Sanctuary. So I, too, am appreciative of the staff and the
Board's working with us and CCLAC's working with us and
Commissioner Saunders bringing this off of the summary agenda. I
guess I'm not familiar with this legal process of whereas clauses not
being shown on an amended ordinance. So if that's the case, as your
attorney has just asserted, then we're fine with that, too. From a
layman's perspective, I read what I read, and that's what it means to
me. If it's not there, I don't know what to think about it.
MR. KLATZKOW: We're not rescinding the prior ordinances.
They stay the same; so will the language.
MR. CORNELL: That's great. That's great. I just -- guess
under that rationale, Mr. Klatzkow, if we're amending the ordinance,
you would only put the amendments and you wouldn't put the rest of
the ordinance, too, and so --
MR. KLATZKOW: Well, we do -- and
depending upon the ordinance, we would just use the changes. Often
we do that. On this one --
MR. CORNELL: You're putting the whole ordinance.
MR. KLATZKOW: We just put the whole ordinance. It's just
for fluidity purposes.
MR. CORNELL: Okay. That's the only confusion that I think I
and the public might have is that, what does this all mean? But what
you're saying is assuring to us, and so we would support that. We'd
also support the lot trading ability that you’re restoring by undeleting
February 26, 2019
Page 122
that Section 14, Item No. 7. So those look good. Thank you very
much.
COMMISSIONER SAUNDERS: Would it be appropriate, then,
to make a motion to approve on second reading the amendments to
the Conservation Collier ordinance as outlined by the County
Attorney? If it's appropriate, I'll make that motion.
CHAIRMAN McDANIEL: It's appropriate if you're ready to
go. Yes. It's been moved that we do that.
COMMISSIONER FIALA: Second.
COMMISSIONER SOLIS: Okay. And a second. I just want
one clarification, because I went through it very quickly this morning.
The language that was of concern about the purchasing policy.
MR. KLATZKOW: That was in the resolution.
COMMISSIONER SOLIS: That was in the resolution. Okay.
MR. OCHS: The Board had voted not to do that.
COMMISSIONER SOLIS: Okay. I just want to make sure that
that's been taken out somewhere.
MR. OCHS: It's not in there.
COMMISSIONER SOLIS: Okay. Thanks.
COMMISSIONER SAUNDERS: And, Mr. Chairman? Oh, I'm
sorry.
COMMISSIONER TAYLOR: If you don't mind. Could we
just go back to Page 1 where we're -- the first change.
CHAIRMAN McDANIEL: The whereas?
COMMISSIONER TAYLOR: Yes.
COMMISSIONER SAUNDERS: We're not changing any of
the whereases.
CHAIRMAN McDANIEL: The whereases are all the same.
COMMISSIONER TAYLOR: Okay. And so the whereas it’s –
all right.
February 26, 2019
Page 123
So I have a question. Why wouldn't it just be better to put the
whereases in there? Because I kind of agree with Brad about it.
MR. KLATZKOW: Well, you could, but you've had multiple
amendments over time, and just putting them all in, it gets a little
clunky. You could, but it's just --
COMMISSIONER TAYLOR: Well, just the whereases.
MR. KLATZKOW: No, I understand what you're saying. But
you've got the first whereases, then you change the ordinance, and
you had a bunch of other whereases talking about changing the
ordinance, and then you've got another change in the ordinance, so a
bunch of other whereases changing that ordinance. This ordinance
was modified multiple times over the years. So this doesn't change
any of the whereases, but putting them all in would be clunky.
COMMISSIONER SAUNDERS: It just would be an extra
piece of paper in front of you, but the whereases are staying the same.
COMMISSIONER TAYLOR: Well, we all can't afford an
attorney to go through all this stuff. You know, that's the issue.
COMMISSIONER SAUNDERS: I can't afford that either.
MR. KLATZKOW: I mean, if you want, we could do it, but --
COMMISSIONER TAYLOR: So it would be the whereas from
each and --
MR. KLATZKOW: Each and every single time we did it, yes.
COMMISSIONER TAYLOR: Okay. You didn't attack those
whereases when you started looking at all of this.
CHAIRMAN McDANIEL: I haven't attacked anything.
COMMISSIONER TAYLOR: I meant got your teeth into it, so
to speak. Just got your teeth into it.
CHAIRMAN McDANIEL: I've had an opinion about several
things.
COMMISSIONER FIALA: Oh, really?
CHAIRMAN McDANIEL: But attack's really -- imagine that.
February 26, 2019
Page 124
COMMISSIONER FIALA: Sorry.
CHAIRMAN McDANIEL: That's okay. That's pretty funny.
But I would say that it's well on time for a cleaning of this. I
mean, you know, we've been involved in our private life with
ordinances that get adjusted and maneuvered around for some time,
and things have to be picked up and referenced in other places, but
I'm okay with this as it is. It was my understanding on that
strikethrough of the language that Commissioner Saunders wants to
add back that we could have done those exchanges anyway had the
circumstance arisen that the development rights needed to be
restored. But I understand, for clarity purposes, that this is okay. It's
not a detraction. So I'm okay with what's being proposed.
COMMISSIONER TAYLOR: All right. Thank you.
CHAIRMAN McDANIEL: So it's been moved and seconded
that we accept the adjustments as per -- as what have been presented
to us today. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
COMMISSIONER SAUNDERS: Mr. Chairman, in reference to
Conservation Collier, I do have one other issue. It's not on the
agenda, but it's an issue, I think, that's important. Mr. Poteet's here. I
suspect he's here to discuss this. I think it's important that we direct
our committee that handles all of these acquisitions to begin the
February 26, 2019
Page 125
process of developing ballot language for 2020. And the reason I say
that is I understand it took about six months the last time ballot
language was developed. If that's the same time frame for this, we'd
be into August, September.
Now, that's well in advance of the 2020 election, but then the
public would have plenty of opportunity to see what that ballot
language is.
So I would ask that the Commission direct the committee to
begin the process of developing the ballot language for 2020.
COMMISSIONER TAYLOR: Is that a motion?
COMMISSIONER FIALA: If that's a motion, I'll second it.
COMMISSIONER SAUNDERS: That would be a motion.
COMMISSIONER TAYLOR: All right. There's a second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we ask the CCLAC to develop the ballot language for the '20
referenda. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
COMMISSIONER TAYLOR: It's official.
CHAIRMAN McDANIEL: It has to pass.
With that, go ahead, sir. I'm sorry.
MR. OCHS: No, thank you.
Item #10A
February 26, 2019
Page 126
THE BOARD OF COUNTY COMMISSIONERS, ACTING AS
THE AIRPORT AUTHORITY REVISIT RESOLUTION NO. 2018-
218 AS ADOPTED BY THE BOARD OF COUNTY
COMMISSIONERS ON THE CONSENT AGENDA AS #16G1 ON
DECEMBER 11, 2018, APPROVING THE PROPOSED RATE
SCHEDULES FOR THE EVERGLADES AIRPARK,
IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND
EXECUTIVE AIRPORT FOR 2019 – DISCUSSED
MR. OCHS: We move to Item 10A. This is a recommendation
that the board, acting as the Airport Authority, revisit Resolution
2018-218 as adopted by the Board on December 11th, 2018,
approving the proposed rate schedule for Everglades Air Park,
Immokalee Regional Airport, and Marco Island Executive Airport for
2019. I believe this was Commissioner McDaniel's item.
CHAIRMAN McDANIEL: That's correct. And as staff's
preparing their brief presentation, I have met with -- I have met with
our staff, and I just -- you know, Commissioner Solis, you mentioned
this morning when you were reviewing the item on the stormwater
about the Productivity Committee's recommendation, and -- I mean,
there's a lot of information that's coming at us on a regular basis.
And when I -- this passed -- I passed this back, I think, in December,
if I'm not mistaken.
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: It was on the consent agenda. I
read through the backup data, and I missed the fact that there was
information that was utilized that wasn't a comparable for the airport
facilities of Immokalee and Everglades City. Staff had utilized rate
schedules from other airport facilities and a national standard or a
national study that utilized airport rates which was their justification
February 26, 2019
Page 127
for the rate increase, so -- and I've asked them to come back and
present just to give me a little assurance as to why we're doing what
we're doing.
There's two portions to this, if I may, and this is one, you kno w,
just to say -- the executive summary says it. I'd like to exempt
Immokalee and Everglades from the rate increase, one, and, two, I'm
going along the lines of a portion of clarity, I would like for us to
give direction to staff to come up with some kind of a coding process
in the consent and summary agendas that draws attention to
constituents and us as to what's going on in the individual districts.
So that's a second part of this same executive summary.
Go.
MR. LOBB: Very good. Good afternoon, Commissioners. For
the record, Justin Lobb, your Airports Manager with the Collier
County Airport Authority.
And I understand the specific question is with regard to the
hangar fee adjustment at both Immokalee and Everglades Airports,
which is what I'm going to speak to. The Board did approve our
2019 rate schedule on the December 11th, 2018, meeting. That was
Item 16G1.
That's in accordance with our airport authority ordinance and
our lease policy. This update is performed on an annual basis or as
needed to maintain a fair and transparent rate schedule that is
consistent with market conditions.
And as a result of that update, we did make a recommendation
to increase hangar fees at Immokalee from 260.68 per month -- and
Everglades, excuse me -- to 310.68 a month. That's a $50 increase
per month, and I'll get into that methodology in just a moment.
COMMISSIONER FIALA: Say that one more time, please.
MR. LOBB: Yes. The fees at Immokalee and Everglades were
adjusted from 260.68 per month to 310.68 pe r month. That is a $50
February 26, 2019
Page 128
increase. I'll talk about the methodology there behind that in a
moment.
Where this is then applied is within the individual hangar
agreements that tenants sign. It's the board-approved standard Form
T hangar agreement. I won't read it in its entirety, but it does state
that the rate is based on the uniform rate schedule published by the
Authority and is subject to adjustment by the Authority.
And then keeping with the policy aspect here, I think it's also
important to note our FAA & FDOT grant conditions and that's
specifically FAA Grant Assurance No. 24 in that the airport sponsor
will maintain a fee and rental structure for facilities and services at
the airport which will make the airport as self-sustaining as possible
under the circumstances existing at the particular airport, taking into
account such factors as the volume of traffic and economy of
collections. So market rate.
COMMISSIONER FIALA: Now, did that go up in Marco also?
MR. LOBB: What we did at Marco -- and when we are looking
at the rates on an annual basis, we look to see if we're within the
market. And at Marco, we were and, actually, you'll see on the right
side of the slide here, actually a little bit higher at Marco compared to
area airports. Supply and demand there with 12 hangars and 40 on a
waiting list. But in that case we've instituted a CPI adjustment to
account for inflation.
So a little bit more on how we arrived at this fee. On the left
side is, as Commissioner McDaniel alluded to, was a statewide study
performed by a market research consultant for 2017 and 2018, and
that shows for single-engine and twin-engine aircraft hangars, the
mean in the Southwest Florida region was 359 to 509 per month, and
that's from Collier up all the way to Citrus County, actually.
So recognizing that's a snapshot on a statewide level, we took it
a little bit further, and we did do an analysis -- a staff analysis here of
February 26, 2019
Page 129
airports within the local region, and we sampled these six general
aviation airports, those being Punta Gorda, Fort Myers, Page Field,
LaBelle, Naples, Marco Island, and Air Glades in Clewiston. And
you'll see with those six airports, there is an area average of 315 a
month.
Now, a couple of caveats to this. LaBelle and Air Glades
specifically -- LaBelle is a bit of an outlier there at 225 a month, but
LaBelle and Air Glades do qualify for a reduction in waiver of local
grant-match requirements, as they're part of the FDOT rural
economic development initiative, and this is not a program that's
available to Collier County or our airports or any of the other airports
that are listed.
We also did take a closer look at the budget for the Hendry
County airports, and it is about a third of the Immokalee airport
budget at LaBelle, and they only have one full-time staff member
that's split between LaBelle and Air Glades. I believe that's the
airport manager, and their maintenance is supplemented by their
Public Works Department.
So this being said, it is difficult to compare airports apples to
apples.
CHAIRMAN McDANIEL: Well, there is no apples to apples.
That's the reason I wanted you to bring it back.
MR. LOBB: Certainly. But this is the best we can do, and then
we take into account such factors as, you know, the role that each
airport plays in the communities they reside; the ready program, as I
mentioned; traffic. And I think as we've discussed, Commissioner
McDaniel, there's a saying in our industry that goes, if you've seen
one airport, then you've seen one airport. But that's -- again, that's the
best you can do.
So then we look at it more on a local level with some of our
considerations here. Commissioners, we have 29 T hangars in
February 26, 2019
Page 130
Immokalee. All are fully occupied at the moment with a growing
waiting list of about 20 individuals from Collier, Lee, Broward,
Miami-Dade, Hendry, and Vero counties and several out-of-state
residents as well.
And I'd note at Everglades, our hangar agreements have been
suspended while the hangars are undergoing Irma-related repairs, but
that rate will become effective once the hangar is repaired.
And this rate actually did take effect at Immokalee on February
1st, and it's my understanding that 90 percent plus of the tenants are
already current with this new rate. There were a few, though, that
simply didn't update their online bill pay. I think we can all relate to
that; that they are going to correct.
A couple other points here. The rate structure, it does allow for
an enhanced service offering. Maintenance and upkeep of our
existing facilities including the hangars, staffing, all costs that have
been increasing over the years.
It does contribute to a financial and operational sustainability of
the Airport Authority, and that, fortunately, has resulted in
eliminating the annual general fund operating subsidy that the Airport
Authority had relied on for approximately two decades. And that
also, with the General Fund contribution for capital projects
combined, has accrued to about 24-, 25 million since 1993.
Though, again, we're now heading into our fifth yea r of
operational self-sufficiency, and that's something we're very proud of
as a result of traffic levels, conservative budgeting, and then this fee
approach.
COMMISSIONER TAYLOR: I'm sorry. You're going to --
will you repeat that again. Not the whole -- not since you stood up
there, but that last paragraph is what you just talked about, the
operational.
MR. LOBB: So with regard to our self-sufficiency?
February 26, 2019
Page 131
COMMISSIONER TAYLOR: Yes, sir.
MR. LOBB: Yes. We are heading into 20 -- FY'19 we project
to be our fifth year of complete self-sufficiency on an operating basis
of the Collier County Airport Authority.
COMMISSIONER TAYLOR: That's good. And then -- but
then there was a lot more with that.
CHAIRMAN McDANIEL: There was, but it also had to do
with the substantiation of the rate increase was they were self -- we
weren't subsidizing the Airport Authority prior to this rate increase.
MR. SHUE: Well, Jean Shue, Operations Support Director,
GMD. Let me add one thing to that, and I think it will answer your
question. Self-sufficient on an operating basis. So previous years
there was 3- to 500,000 subsidy up until the airports ended up at
GMD. We are not self-sufficient with respect to accumulating the
reserves necessary to handle our portion of the local match for grant
projects. We're making progress. I can see it on the horizon. We've
got a few things going on that's increasing our profitability and,
therefore, our reserves.
So any time steps like this are taken that add to the bottom line,
that's a bottom line that offsets any General Fund contributions that
are needed. And, again, none have been needed on the operating
side, but we continue to need money on the grant side because some
of these projects, including one coming up in the next year or two
right out at the Immokalee, it's about eight and a half million dollars.
Our obligation is 1.7 million. We're trying to build the reserves so
we don't have to go back to OMB with our hat in our hands.
COMMISSIONER TAYLOR: So you're not delaying this grant
borrowing, but we're taking it from the General Fund in order for you
to maintain that level of service.
MR. SHUE: That's correct. So to the extent that we can build
our profitability, that profitability goes into reserves, which offsets
February 26, 2019
Page 132
the need for General Fund contribution.
COMMISSIONER TAYLOR: As radical as this sounds -- but
I'm not the first person to talk about this. Have you ever thought
about talking to Naples Airport about the ability to house more
hangars out in Immokalee?
MR. SHUE: Well -- and -- we have, and Justin's about to get
into that, so I'll turn it back to him, and then I'll jump in as
necessary, but I know he's prepared to answer that.
CHAIRMAN McDANIEL: I have talked to the Naples Airport
about that.
COMMISSIONER TAYLOR: Yeah.
MR. LOBB: I'll address the second point first on the hangar
need, and that's across Collier County Airport Authority.
We did do -- we are working with the Procurement Services Division
to release two separate RFPs for private hangar dev elopment at both
Marco and Immokalee, and we have selected a developer to continue
negotiations for a lease that we look forward to bringing to the Board
for consideration in the near future.
But that -- specifically in Immokalee, I've included a graphic
representation of what that could look like. This particular
development looks to be about two-and-a-half million of capital and
private investment that would be a straight revenue land lease to the
Airport Authority, additional fuel sales adding about 26 hangars to
the airport's --
COMMISSIONER TAYLOR: A land lease.
MR. LOBB: -- inventory. A land lease, that's correct.
CHAIRMAN McDANIEL: You can only enter land leases on
these --
COMMISSIONER TAYLOR: No, but you wouldn't -- we
wouldn't be building them. They would be developing them, and you
would lease the land and --
February 26, 2019
Page 133
CHAIRMAN McDANIEL: That's correct.
COMMISSIONER TAYLOR: -- we benefit from the fuel?
MR. LOBB: We benefit from the land lease revenue, the fuel
sales from the aircraft based in those hangars, and then based aircraft
also equates to additional activity in the eyes of the FAA that then
justify grants.
CHAIRMAN McDANIEL: Expansion, that's correct. So be
that as it may, we don't -- you know, there again, I've taken up a lot of
time, and I didn't want to. I mean, I'm glad that we've had this
presentation, but my -- you know, my request is twofold. Number
one is to exempt the Immokalee and Everglades from the rate
increase, and I would like to segregate this into two separate vote s, if
I might.
MR. LOBB: Commissioner, just --
CHAIRMAN McDANIEL: What are you making a face for?
You're allowed to; just you've got to tell me why.
COMMISSIONER TAYLOR: Because this is -- they're
building towards the future.
CHAIRMAN McDANIEL: I know what they're doing. I know
what they're doing.
COMMISSIONER TAYLOR: Right. And along
with it is raising rates, but these are businesspeople on an airport that
is below what the normal is, and at some point we have to stop
looking at Immokalee as our poor cousin. Not that we have to, you
know, ask them to pay more than that's due, but this is very exciting
what's happening with Immokalee airport. The idea to put hangars
there and to build up and to get grants and to allow this free -zone
airport to operate for the future is very exciting.
CHAIRMAN McDANIEL: Somebody write all that down, I'm
all over it.
MR. SHUE: And, if I may, one other thing I'd like to
February 26, 2019
Page 134
interject. Another good reason for bringing the rates up to market is
when you bring a private party in and they're looking at spending
two-and-a-half million of their dollars, they're looking at what their
return will be, and they're looking at what the cost is. So they're in
competition with us.
They can't undercut us. So they come in – if
they come in in order to make this work, they've got to charge 325
and we've got to supply at 260, that's a problem.
CHAIRMAN McDANIEL: Commissioner Solis, and then I'll
make a little further explanation, and then we'll do our vote, and we'll
get on with the next. It's a double-edged sword here.
COMMISSIONER SOLIS: Two quick questions. One is, how
long has it been since we've adjusted the hangar fees?
MR. LOBB: Well, we adjust them on an annual basis.
COMMISSIONER SOLIS: On an annual basis.
MR. LOBB: We do look at the market. In the past few years,
that update has just simply been a CPI adjustment, and now we've
taken a closer look and have found, based on other airport
adjustments, that we are behind the market here.
COMMISSIONER SOLIS: Okay. And there's a waiting list at
the Immokalee airport, you said?
MR. LOBB: That's correct, for about -- 20 individuals on that
waiting list.
COMMISSIONER SOLIS: Okay. For how many hangars
currently?
MR. LOBB: Twenty-nine.
COMMISSIONER SOLIS: Okay. And the idea is to exempt
Immokalee and which other one?
CHAIRMAN McDANIEL: Everglades.
COMMISSIONER SOLIS: And Everglades. What about --
well, Everglades is out of commission because the hangars
February 26, 2019
Page 135
are damaged?
MR. LOBB: For the moment, but that rate increase would take
effect upon the completion of the repairs, which is in the next month
or two.
CHAIRMAN McDANIEL: And my goal for asking for -- did
you have something? My goal for asking -- or I'm sorry. I didn't
mean to --
COMMISSIONER SOLIS: Well, I was just going to say, it
seems like this is -- to some extent, it should be just a
supply-and-demand function, and the supply is very limited, and the
demand is high.
So I guess I'm not clear as to why we would want to reduce what
would potentially be revenue. That's all I have.
MR. LOBB: Mr. Chairman, could I make one more comment?
I think this is something that everyone can agree with in that when
we do our annual rates and charges update, it may not always result
in recommendation to increase fees. Last year in Immokalee, 2018,
we revamped our fuel structure, because we were well above the
market in terms of the fuel costs.
So that, coupled with lower fuel costs, has lowered the self-serve
price for gasoline about 20 to 30 percent, and that directly benefits
these same tenants. We've been able to capture a larger share of the
market, increase volume, ultimately increase profit to the Authority.
COMMISSIONER FIALA: Perfect.
CHAIRMAN McDANIEL: It is. Commissioner Fiala.
COMMISSIONER FIALA: Yeah. That sounds just perfect.
And this will, then, help you to be able to build more hangars for
these people who want them. And I guess they -- I bet they haven't
asked for a rate decrease because they're looking forward to getting
those hangars, right?
February 26, 2019
Page 136
MR. LOBB: That's correct.
COMMISSIONER FIALA: Oh, good. You made a very good
point.
CHAIRMAN McDANIEL: So sometimes you're asked to do
things for further explanation, and we have received the further
explanation.
So I'm not going to go through the motions of making my
motion to ask that Immokalee and Everglades be exempt because I
can -- I'll make that motion and let it die a nice, slow death quickly
without a second.
MR. OCHS: For the record, the staff is recommending that you
maintain the rates that you adopted.
CHAIRMAN McDANIEL: Yes, we understand that.
MR. OCHS: Thank you.
CHAIRMAN McDANIEL: That's been made quite evident. I
was asked, after I approved this in December, by several of my
tenants that are out there about the extraordinary expense increase
when Marco was only receiving a 2 percent CPI increase. And then I
did some additional analysis and learned that LaBelle, a very
similar-sized airport with facilities and the like had a significantly
lower rate than what we were asking. And so I wanted to bring it --
and I missed it. Truth, I missed the -- I missed the processes for
staff's determination of these rates and the ratification of it when I
was reading through the backup data. And so I now understood the
rationale even better, and I'm asking the question to have them
exempted, so... And it's quite evident that that's not, in fact, going to
meet with my colleagues' approval.
COMMISSIONER FIALA: Make sure to let them know what
Marco's fee is compared to theirs, just so that they --
CHAIRMAN McDANIEL: I got it. I'll make sure that the
information gets disseminated out. I want to applaud our staff for
February 26, 2019
Page 137
doing an exemplary job. You're doing an amazing job operating this
airport. I'm more excited than anybody about th e potential of our
expansion of this airport and the facilities that are about to come.
I have said forever that Immokalee can be the economic engine
of Collier County and carry us on into places we haven't ever even
thought of before, and this airport is a portion of our infrastructure
that we can build off of.
So with that, we'll leave the rate structure alone. I would like, if
we could, to just give direction to -- I would like to come up with a
coding process for our consent and summary agendas that delineate
the district where the -- where that particular item is coming from
with regard to that, just to give -- just to give -- just to give better
notice to the public, more transparency with regard to the information
that is put into that consent and summary agenda, so -- and if --
COMMISSIONER FIALA: I'm not quite sure what you just
said --
CHAIRMAN McDANIEL: Okay.
COMMISSIONER FIALA: -- about coding and -- I don't know
that.
CHAIRMAN McDANIEL: In December this item came
through, and it was an increase in the airports in Everglades and
Immokalee, and the people that are residents of Everglades and
Immokalee airport were not aware of the processes that went in place
to effectuate a rate increase. Had they had a capacity to better
ascertain out of the consent agenda where this item was buried in the
December item, they might have had an opportunity to review that
information to get to me quicker with their concerns and objections,
necessarily, than just having it be stuck down in the consent agenda .
If it was, whatever the item was, 16G1, if it was 16-5G or
something like that, and it could be 4G and 3G and somewhere long
the line -- we'll make up a code and come back.
February 26, 2019
Page 138
MR. OCHS: Commissioner, aside from that, could you guys tell
me if there was any notice to these hangar tenants in advance?
MR. LOBB: In advance, no, I don't believe so, but we always
do communicate what Board agenda items are coming up that pertain
to those airports.
MR. SHUE: Hangar tenants themselves.
CHAIRMAN McDANIEL: Commissioner Fiala, and then you.
MR. LOBB: They were notified of the rate increase specifically
once it was approved by the Board.
MR. OCHS: Okay.
CHAIRMAN McDANIEL: Commissioner Fiala has a -- do you
have a question for staff?
COMMISSIONER FIALA: Yeah, just a question for staff.
CHAIRMAN McDANIEL: Justin.
MR. LOBB: Yes, sir.
COMMISSIONER FIALA: Does anybody -- I've had a few
requests just here and there, nothing -- not a barrage of any of them,
people saying I wish we had our old airport authority back again.
Has anybody mentioned that to you, and how did that sound?
MR. LOBB: Really putting me on the spot here.
COMMISSIONER FIALA: Might as well, as long as you're
standing on the hot seat there, we can keep it going.
MR. LOBB: I think you commissioners are doing a fine job
overseeing our three great county airports.
COMMISSIONER TAYLOR: No, sir. I think the management
of this airport is extraordinary. I mean, what you're doing and how
you're making these changes carefully and methodically shows great,
great understanding of the business and, I mean, even if we had an
airport authority, they wouldn't have much -- they wouldn't have
much to do.
COMMISSIONER FIALA: No, that's right. I think that we --
February 26, 2019
Page 139
CHAIRMAN McDANIEL: I would agree with that. We don't
really need to go outside of what we've got right now.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I just wanted to ask -- I'm
assuming we don't have to do anything on this particular item then;
we're not revisiting it?
CHAIRMAN McDANIEL: We're necessarily done.
COMMISSIONER SAUNDERS: Right.
MR. LOBB: If I could make one more comment.
COMMISSIONER TAYLOR: Really?
MR. OCHS: We're good. He's good.
CHAIRMAN McDANIEL: No, go ahead. You're allowed to --
Justin, go ahead.
MR. LOBB: We look forward to bringing our master plan
forward to the Board next month, and we'll talk in greater detail about
future development in Immokalee.
CHAIRMAN McDANIEL: Absolutely. We're looking forward
to that as well. Thank you.
MR. LOBB: Thank you.
CHAIRMAN McDANIEL: I appreciate -- and, again, I'll say it
out loud, I went and met with our staff, and they’ve been amazing
to work with, so thank you all.
COMMISSIONER FIALA: No one has any complaints.
CHAIRMAN McDANIEL: Right.
All right. Where are we at now?
MR. OCHS: We're on to item -- did we finish the discussion on
the second part of that?
CHAIRMAN McDANIEL: No. You know what, I think we
can leave that go for now. I'll bring back -- I'll work with you, have
another discussion, we'll talk about some -- I've had multiple people
suggest to me since I became commissioner that things that end up
February 26, 2019
Page 140
down in the consent and summary agendas aren't really -- aren't really
easy for people to find without having to read.
COMMISSIONER TAYLOR: So I've had a conversation with
our County Manager, and he's assessing it. But I've -- I thought that
it would be, perhaps, prudent or an idea that the County Manager's
Office, whoever he assigns, would review the agenda and highlight
which district every item is --
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: -- you know, attributed to.
COMMISSIONER FIALA: Why?
CHAIRMAN McDANIEL: That's where I'm going.
COMMISSIONER TAYLOR: And to have them do that so that
the public -- it would be published in advance of the agenda. They
wouldn't have to go through the agenda. They say, okay, I live in
District 4, this is what they're discussing, whether it's on the agenda
for a hearing or whether it's on consent agenda, that it would be
categorized so it would be easy for the public to track what we do
here.
COMMISSIONER FIALA: I don't know how many people --
just people really familiar with us know what district we're in, but I
have many people that don't know -- I can't tell you the people that
live in North Naples that have voted for me every year I've been on.
CHAIRMAN McDANIEL: Well, and it's --
COMMISSIONER SOLIS: I know.
CHAIRMAN McDANIEL: And, Commissioner Taylor, you're
spot on with what I'm talking about.
That's where I'm looking to go with this, and I just thought it
could be a simple coding process that we could come up with that the
public would know when an agenda item comes up, specifically
where it's located at.
February 26, 2019
Page 141
COMMISSIONER TAYLOR: So the County Manager's getting
back to me at some point about this.
CHAIRMAN McDANIEL: Oh, you've already asked him?
COMMISSIONER TAYLOR: Oh, yes; oh, yes.
CHAIRMAN McDANIEL: So now there's two of us.
MR. OCHS: Almost there.
CHAIRMAN McDANIEL: You can work with her on that.
COMMISSIONER TAYLOR: Almost there?
MR. OCHS: Almost there.
COMMISSIONER FIALA: What are they going to do now?
CHAIRMAN McDANIEL: Nothing. We're going to make the
County Manager work with Commissioner Taylor.
COMMISSIONER FIALA: What problems are you going to
solve?
MR. OCHS: We're good.
CHAIRMAN McDANIEL: Nothing. We're good.
COMMISSIONER FIALA: I'm sitting over here talking the
other way.
MR. OCHS: Move on, sir?
CHAIRMAN McDANIEL: Move on, sir.
Item #11B
TEMPORARILY SUSPEND NEW CAPITAL EXPENDITURES
FOR THE LANDSCAPE BEAUTIFICATION PROGRAM AND
REALLOCATE EXISTING CAPITAL FUNDING TO COVER
INCREASED PROGRAM MAINTENANCE COSTS - MOTION
TO ACCEPT STAFF’S RECOMMENDATIONS AND SEND TO
THE PRODUCTIVITY COMMITTEE FOR EVALUATION –
APPROVED
February 26, 2019
Page 142
MR. OCHS: That take us to Item 11B. This is a
recommendation to temporarily suspend new capital expenditures for
the landscape beautification program and reallocate existing capital
funding to cover increased program maintenance cost. Mr. Joe
Delate, your principal project manager, will present.
MR. DELATE: Good afternoon, Commissioners. I'm Joe
Delate. I'm a Registered Landscape Architect. I'm a Principal
Project Manager with Road Maintenance Division, Growth
Management Department, and today I have a presentation, if you
would indulge me. I'll try to make it as brief as possible, if that's
okay.
CHAIRMAN McDANIEL: Please.
MR. DELATE: Thank you.
And I've titled it "Landscape Beautification Program at a
Crossroads." I just want to give you some background on our master
plan. We have a Landscape Beautification Master Plan, and it was
approved in 2016. Some of the commissioners were on the Board at
that time. And at that time, in 2016, the master plan restarted the
landscape capital program.
New money was infused into the program for five years of
dedicated funding of approximately four million per year, and this
provided for 50 miles of new landscaped medians. This is a picture
of the master plan at that time, and it shows the project by year and
color coded and a list of what projects and the approximate years they
were to be designed and constructed, which often takes longer than a
year to do both.
So since the master plan came out, we've had some
accomplishments that we want to be proud of as a county. We've
received a lot of accolades from the media and from personnel about
our beautiful medians. Since we restarted the program capital, we've
February 26, 2019
Page 143
added 18 additional miles. Upon the completion of this program,
we'll have 122 maintenance miles to be proud of.
We also have received a lot of damage from Irma, which we're
still recovering from, and we continue to do our comprehensive
maintenance services.
This is a list and a map of some of the complete projects we've
done since 2016. We did a grant project near Fiddler's Creek on the
way to Marco Island. We did Collier Boulevard from 41 to Marino.
We did Santa Barbara from Davis to I-75 overpass, and we also did
Davis from County Barn to Santa Barbara.
COMMISSIONER FIALA: Could I stop you just a second
there?
MR. DELATE: Sure.
COMMISSIONER FIALA: On the Collier Boulevard one by
Fiddler's --
MR. DELATE: Correct.
COMMISSIONER FIALA: -- did the state pay for that?
MR. DELATE: That was a grant -- I believe, matching grant.
So they partial paid for that, that's correct. And through your behalf,
your help, we were able to receive that grant, and, yes, we did.
Okay. And also the Davis Boulevard one, County Barn to Santa
Barbara, was partially funded by the DOT with a state grant. So you
are correct on both of those. Thank you, Commissioner --
COMMISSIONER FIALA: Thank you.
MR. DELATE: Okay. And here's some slides of some of the
projects we've done: The Collier Boulevard one; Fiddler's to
Mainsail, the state grant; the Collier Boulevard/41 to Marino Circle;
Santa Barbara from Davis to I-75; Davis Boulevard from County
Barn to Santa Barbara, which was just completed recently around
Christmastime.
February 26, 2019
Page 144
COMMISSIONER FIALA: I'm getting a lot of wonderful
comments. I'm sorry to interrupt you.
MR. DELATE: Oh, that's okay.
COMMISSIONER FIALA: But you can't believe all the people
that tell me or send notes or cards.
MR. DELATE: Fantastic. Thank you for telling us that.
In summary, we've had eight miles of median landscape, and it's been
completed to this date since the 2016, and then this year we'll have a
total of 122 miles of median landscaping. And these are just some
pictures of the projects. The projects under construction right now,
we have a map in front of you with the list and the miles, three
projects. One is Immokalee Road from 951/Collier Boulevard to
Wilson, five miles. That's under construction; Collier Boulevard
from Golden Gate Boulevard to Immokalee Road, three miles, that's
under construction; Santa Barbara extension, which we call -- which
is Santa Barbara Boulevard from Rattlesnake to Davis. That's under
construction. That's getting close to completion right now.
And these are just some pictures of the various projects: Santa
Barbara, Collier Boulevard, which is -- it's in its infancy. It's just --
we've done some wells, and we've done some electrical work and
some basic work out there.
And same with Immokalee. We've done some wells,
controllers, FPL work.
And so, again, in summary, 10 miles are under construction, and
these will be done by the middle of this summer. So we'll have,
again, 122 miles of median landscaping under our belt to maintain
once these projects are completed this summer.
So we have a lot of challenges with this program. We've
122 miles currently under maintenance; 10 miles under construction.
In 2017 the average cost per mile was about $44,000 and change. In
February 26, 2019
Page 145
2018 and 2019, it increased to approximately $63,000 per mile;
approximately 41 percent increase.
And then there was a small contract escalator built into these
contracts. Our budget currently is 4.2 million for contractual
services, and the maintenance cost is approximately 7.1 million, and
then we have some money for the new landscape contracts we have
to still do with the new projects, which we prorated. So, cur rently,
we're looking at a deficit of just over $3 million to maintain what we
have. And we have right now approximately $3.5 million in our
capital program which is to go to new construction, and I've attached
a list on the next slide, which you can see the list of what that was
going to pay for. Well, actually, it's a couple slides after this. But
this shows you the breakdown of the budget.
And then if we -- if you were to approve our recommendation
today, we would leave some money in this program, the capital
program, to finish the projects we're doing. Also, we have a
proposed sculpture project at East 41 and 951, there's some money
for that, and for a couple various small items that we still have to
finish. So it's not completely doing that.
And, also, I'll go into more about the FDOT issues also after
this -- not issues, but grant issues.
And this is a list of some of the deferred projects. Some of these
projects we already have designed, so they're on the shelf, and they're
not going to go stale or anything. They'll be ready if money gets
infused later, and some of the projects have not been designed or
constructed. So it's a combination of the two. Some of them have
been designed, some of them not, and some of them just have not
even started.
We have a strategy to go forward, and this is for your review
today, and that's why I'm here. Our recommendation is to suspend
the current capital projects that are funded that are not under
February 26, 2019
Page 146
construction. We would maintain the $7 million maintenance
contracts we currently have. We would fund the completion of these
purchase orders with this capital money. And just to make a note on
this, the capital money is not anything like impact fees or any other
kind of fee. It's actually -- it's unincorporated ad valorem general tax
money that's in this fund.
CHAIRMAN McDANIEL: Fund 111.
MR. DELATE: Right. It's just classified as capital because of
the way it's set up.
Okay. And then our recommendation, again, would be to use these
remaining -- any money that was left over for irrigation repairs,
which are a constant problem -- it's not a problem. It's a challenge as
we go through. You know, these medians are now 20 -- going over
20 to 30 years old, and there's breakdowns with any kind of plumbing
systems, and we constantly have to do repairs.
And then we would also have -- any additional funds left, we
would go in and do mulch, irrigation repair, fertilizer, pruning, and
then we're going to look at hiring in-house crews potentially to do
some of this possibly as a maintenance service, and we'll get into
more of that as I go through these slides.
We've also done an analysis of the pros and cons of contracted
versus in-house maintenance, and we have a little side-by-side slide
here that shows some of the pros and cons of the various aspects of
this. And as you're aware, we're in a vibrant economy right now, and
it's very hard to hire new employees. We're facing that in road
maintenance in general. We have a lot of vacancies. There's a high
turnover and very low unemployment in this county. It's hard for the
county to hire people, and it would be very difficult for us to hire new
personnel to bring them in-house.
Additionally, there's a lot of expense with setting up an in-house
maintenance operation. You need a facility, you have to have
February 26, 2019
Page 147
equipment, you have to have vehicles, you have to have tools. All of
that would have to be purchased, which requires money, and then
you'd have to have training. And the county has a pretty high level of
employee requirements to be hired here: Various drug testing,
background checking, everything, which is prudent, whereas versus
the outside does not, a lot of times, go through those steps that we do.
This work is, obviously, very dangerous. It's very detailed work
to work in a median. It's not like anyone could do this. You have to
know how to use the -- to be trained in maintenance of traffic, FDOT,
various safety things, then you have to have licenses for pesticides,
fertilizing applications, knowing how to prune trees. There's a lot of
different technical aspects of this work. It's not so easy.
CHAIRMAN McDANIEL: You mean, it's not okay just to park
your maintenance vehicle in the lane next to where you're working
and block traffic and --
MR. DELATE: No. I mean, that has occurred, and that's not
right. And if you do see that, let us know, because that is a violation
of the MOT, and we try to avoid that. And we've had a pretty good
record so far with our people doing this, or our contractors.
And this, again -- the next slide I'll talk about, again, our
recommendations. We want to complete the existing projects that we
have under construction that I spelled out, the three major ones. So
we've received some calls from some of the communities after they
read the newspaper article on Sunday. They saw the television piece
about this, and we reassured them, no, you're still going to get your
landscaping. It's under construction. We're not going to stop this.
We're going to finish this no matter what ha ppens today, and that's
reassured a lot of your constituents throughout the county in those
three project areas, because they really care about this.
And so your recommendation would be to suspend on a
temporary basis the new capital projects except for grant-funded
February 26, 2019
Page 148
projects and current sculpture projects and the other projects we're
doing.
We would still pursue FDOT grants because we've talked to
them, we've talked to their landscape architect, who used to be one of
our employees, and we see a pathway t o receiving grant money,
because they haven't a lot of applicants for this money. And so we
see a good opportunity to receive grant money, and we're pursuing
that now.
So it's not like we're going to stop everything. We're just
looking at alternate paths forward.
And then, of course, the public is very concerned about this
landscaping because we are one of the economic drivers for this
county. We are one of the images of this county, our aesthetics.
Everyone talks about it, and we realize if we pull the plug on
anything, we're going to have backlash. So we would need to
continue to have outreach to the community so they're aware of this
so we don't clog your phone lines, you know, with complaints, and
that way we have a dialogue and a message that goes out to them.
That's one of our, you know, processes forward. And that we would
develop options for your board to consider during the budget
workshop as we go forward.
And then for landscape maintenance, we would transfer the
funds into the maintenance budget. We would maintain our current
contracts we have, and then we would consult with these contracts to
see if there's cost reductions. These contracts that you see a lot of
time are maximum price. They show the most we would probably
spend in a year, but we can look at -- because they're divided into
different services through the bid tab, they're full -service contracts,
we can elect not to use some of the services in there to save money.
And that's what we've looked to do. We've consulted with the
contractors about that, and that's something that we're looking to do
February 26, 2019
Page 149
now and we have to do already, even prior to this. And then, of
course, I mentioned before about seeking the grant money for the
existing state and county roadways. And that's what I have today, but
I'm here to answer any questions you have and go forward.
CHAIRMAN McDANIEL: Troy, do we have public speakers?
MR. MILLER: I have one registered public speaker for this
item, Mr. Chairman.
CHAIRMAN McDANIEL: Commissioner Taylor, do you want
to hear the public speaker or go first?
COMMISSIONER TAYLOR: Yes.
MR. MILLER: Bill Poteet. He's your registered speaker for this
item.
CHAIRMAN McDANIEL: William.
MR. POTEET: Good afternoon, Commissioners. It's a pleasure
to be here.
The reason I'm speaking on this particular issue is I go way back
with landscape beautification. I sat on the first-ever committee in
Collier County, on the Marco Island Beautification Committee for a
couple of years, and then I was later appointed to the Golden Gate
bridge beautification project and was involved in that.
And what stemmed me to come before you today had to do with
an article by Brent Batten last week who laid out a lot of the issues
that are before us that the -- talking about the suspension of future
projects at this time because we're out of money, and one of the
reasons that was given in his article was the lack of companies out
there actually bidding on the work itself, and then the cost of the
work going up 30 to 40 percent, which I found to be extraordinarily
out of proportion compared to our economy right now, because gas
prices are at an all-time low, and you haven't seen a major increase in
there. There are not a lot of parameters out there that would cause
these major increases other than lack of competition.
February 26, 2019
Page 150
And so, you know, the question I asked myself is, is it part of
our bidding process? Is there things that small corpor -- small
companies in landscaping, and there are a lot of landscaping
companies out there. I mean, probably as many landscaping
companies as there are real estate firms out there, which, you know,
there's about 700 of us out there in real estate firms.
So giving them the opportunity to bid would behoove this
county in order to get more competition and should drive the prices
down. So my recommendation to the Commission is send this to the
Productivity Committee to find out why we're not getting competitive
bids in the process. I mean, that's what a Productivity Committee
should be about is finding out how to make this county more
productive.
And, you know, are we doing -- is there something wrong in our
actual bid process? Are we eliminating certain businesses from
actually being able to bid on this? Is the payment of the contracts
arising as an issue; that's why they don't want to do it?
I don't know what the problem is, but the bottom line is they're
not getting the number of bids that you would want to see in order to
make it a competitive process. We ran into a similar problem in 2006
when we were doing all the road extensions and the construction
work there where we were down to three bidders on projects, and we
went from, like, 40 million for a stretch on Santa Barbara to
60 million on Santa Barbara, which wiped out all the money. And,
again, it had to do with number of bidders. So the more bidders we
can get on this process, the better we're going to be. Thank you.
CHAIRMAN McDANIEL: Thank you, William.
Commissioner Taylor, you're first.
COMMISSIONER TAYLOR: Commissioner Fiala, were you
going to address what he was saying? Because I'll let you go first,
because mine is not related specifically to hiring --
February 26, 2019
Page 151
COMMISSIONER FIALA: No, I'm not going to specifically
address his. Just in general.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER FIALA: Thank you.
COMMISSIONER TAYLOR: Okay. And this is not to
minimize but -- or anything about what the landscapes look like. But
is there any savings by using anything but grass out there? What if
we just didn't use grass in medians and put ground cover that would
be attractive? Is there any savings? Because I would think that
mowing the grass is a really high cost.
MR. DELATE: Well, on 951 between 41 and approximately
just south of Davis Boulevard where we completed last summer a
large project, we don't have any grass in that section. And one of the
things about not having grass is you usually have more weeds,
because you have to pull weeds, hand pull weeds. So it's a pros and
cons things.
And then we -- since I've worked there, which I've worked at the
county 30 years, but I've been working in road maintenance for about
a year and a half, and I worked on the medians 20 years ago. I
advocated we go to Bahia grass, but a lot of the communities don't
want that. They want the look of the lush Floritam grass, and they've
actually lobbied us hard to put in the really detailed, fine grass. So
it's always a battle. So on Santa Barbara, as you notice, we put in
Floritam grass because of the community.
(Multiple speakers speaking.)
MR. DELATE: And that's St. Augustine, the nicer grass.
COMMISSIONER FIALA: On Santa Barbara, I'm sorry?
MR. DELATE: Yeah, Santa Barbara, the piece between, excuse
me, Davis and up to Radio, approximately.
Some there's pros and cons, Commissioner, to your question;
back to your question about the grass. You go to Boca Raton, and
February 26, 2019
Page 152
they're doing all grass. I talked to them about their program recently,
and they -- they don't have a lot of ground cover and shrubs. They go
into a large grass program, and they have a lot of spraying that they
have to do as a result, which you know is not one of the best things
for our ecology, potentially, and then you have the same thing with,
you know, a lot of mowing and edging, more than the pulling of the
weeds.
So I don't know if there's a really magic bullet for that. It's a
pros and cons thing.
COMMISSIONER TAYLOR: Okay. Thank you.
MR. DELATE: You're welcome.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Thanks for all that you do, by the
way.
MR. DELATE: You're welcome.
COMMISSIONER FIALA: One of the things that we used to
do is we used to do our own landscape maintenance, and we were
able to keep the costs under control. Then that changed. And I heard
one person say it's the worst thing we ever did was eliminate our own
staff who could do what we wanted them to do and hire out, and then
we had problems with hiring out and so forth, that possibly we could
re-think that.
Another thing, as Commissioner Taylor just said, we've tried
that, but we have quite a few medians t hat have no grass in them, and
then the weeds die, and then they look just terrible. And I can tell
you some right now, but I won't bother because I'm sure you know it.
And then you've done nothing for the program except make it look
awful. And then I can tell some -- there's one area on Davis
Boulevard that's all grass and a few trees and then a few little plants
but not much of anything else. That looks beautiful all the time.
Now, they started digging that out recently for some reason and
February 26, 2019
Page 153
changing it over to some kind of Florida Forever in certain areas, and
it's not as beautiful anymore. But before all they had to do was just
mow it. They didn't have to even fertilize it because, of course, we
have reused water, so there was no fertilizer needed.
And it looked great. And if that was cheap for us, or cheaper
than all of the other stuff, replanting all the dead stuff over and over
again, maybe we ought to look into that.
MR. DELATE: Thank you, Commissioner, for your comments.
Just to give a little bit more information. When the county did its
own landscape maintenance, it was a lot smaller of a program. They
did not have as many miles and then, of course, the recession hit, and
we had a reduction in force of staff, and that's when it changed.
We've, again, looked at all that. It's just the timing right now.
And we realize the competition of these bids. We did have several
bids when these original bids went out. A lot of companies can't do
this work because it's very complicated in details and the license
requirements, and there's a big safety component of it. And we don't
want the county to have the liability of having issues come out of
that. But what we look -- path forward to try to control costs, one idea
is if there is a downturn in the economy and we see it coming, we can
rebid these contracts, and we think that the prices will come down.
We'll try to institute more competition, which we've done before with
open houses.
We've had our contract specialist send out thousands of letters to
various landscape companies in the tri-county area to create interest.
It's just very complicated work. A lot of them talk like they want to
do it and they don't come forward with the bid, is what happens. So
we know about the competition. But I think our best approach is to
rebid it when we see a slight dip in the economy, and we think the
prices will correct themselves, because the speaker brought up some
good points. Fuel prices have stabilized. I think it's just right now --
February 26, 2019
Page 154
the other factor, which I didn't explain to you, was we had a prime
contractor who did most of our maintenance.
I won't name him by name, but you probably know him because
you've seen them around the campus. Well, they dropped out of all
our maintenance, not only our facilities maintenance, all our
landscape median maintenance. And by doing that, they were the
low bidder on all our projects, and they reset the table of the costs.
And, unfortunately, that's why the cost shot up, because when
they left the market, the other bidders knew that, and they raised their
price.
COMMISSIONER FIALA: And they did a lot better job, too. I
don't know what happened there, but that's such a shame to see -- that
was a big, you know, a big --
MR. DELATE: Right.
COMMISSIONER FIALA: -- a big --
CHAIRMAN McDANIEL: Enterprise.
COMMISSIONER FIALA: -- income for them. Why they
would ever drop away from it, I don't know.
MR. DELATE: Well, their reasons they told us in exit
interviews were that they said they were actually losing money, and
they decided to make a company decision to go into all construction
and not any maintenance, and that's what they told us, and they stuck
with it. And so we knew that when they dropped out of facility
management contracts also.
COMMISSIONER FIALA: Now -- and sometimes -- we only
had two bidders, right? So we took one bidder for just a couple jobs
and, by the way, I wouldn't let him mow my lawn, but anyway --
MR. DELATE: Right. One of the bidders -- there was multiple
bids. One of the bidders got about 75 percent of the project. The
other one got about 25 percent. And they were all divided by their
low bid on each project.
February 26, 2019
Page 155
We did receive a third bid from another company, but they were
not in the ballpark as far as pricing. But just to alleviate some of your
concerns, we realize there's been some pains with the contracts come
forward, the new contractors, and we've been training them. Also,
we have been doing some replacement projects with the little bit of
money we can cobble together, and we do we have a program
planned for the East Trail. We did a design. We have a project.
We're waiting on today's results of today's meeting. We didn't
want to go forward until this was resolved. But we plan on redoing
part of the East Trail, again, as I discussed with you in December. So
we have a plan forward on that to make it look beautiful.
We also, without any cost to any outside contractor, when I was
put into my role that I'm in now, we went forward with our own staff
and went around the whole entire county, and we took out all the
dead trees from Irma. And that's made a big impact because now you
don't notice the broken teeth out there.
COMMISSIONER FIALA: Those are the ones that you've cut
off --
MR. DELATE: All the dead trees we've cut them off and taken
them out.
(Multiple speakers speaking.)
COMMISSIONER FIALA: But they're still seeing them.
MR. DELATE: And now we've gone through and we've taken
out all the staking and bracing that was put there after Irma, because
it's been a year and a half. It's unnecessary. So that's a big visual
impact.
And then we're going to do the same thing for the shrubs next,
and then we plan to go to Immokalee Road and Vanderbilt Beach
Road with any money we can find in our existing budget and then go
back to replace the plants that have died.
COMMISSIONER FIALA: Let me --
February 26, 2019
Page 156
MR. DELATE: Go ahead. I'm sorry.
COMMISSIONER FIALA: Let me just say -- because I can
hear that you're going to go on and on, and there are a lot of stumps
left in the median, but we won't even go there now.
What I was going to try and say was, it's such an important thing
to the community, landscaping. And, you know, you wouldn't think
that. Everybody says, oh, money -- you know, with the money, but it
does make a difference. It makes a difference in the sale of your
house. It makes a difference in what your neighborhood looks like.
And, of course, you can't factor that into the price and, yet, in
the end we all know that it even affects our tourism, and they'll tell
you that, greatly. So there's a lot of positive effects as far as tax
money coming in just because of the landscaping, and I think we
have to think of that, too, and the importance of what it does for our
community.
And I'm afraid if we stop this right now -- and I don't know what
we're going to do about it yet because we've got five people here;
four of them are pretty smart, and then there's me. But there are --
we've got a lot to do in order to keep our property values up and
make it look good.
People are thrilled with the landscaping. And I bet every one of
you hear about it, too. They all write notes and so forth. So I want to
keep the program. And if you said we're just going to stop it for the
rest of this year but we promise to start it back up, maybe that would
be something that people could satisfy them with and maybe venture
out and take a look at what would go -- what would happen if we go
back to hiring our own people again and taking care of the operation
ourselves.
And I would think -- and I don't know this, but I would think
that if we're hiring our own people -- and usually they come with
insurance. I know that's an expense, but it's pretty easy to find people
February 26, 2019
Page 157
who would work on the medians because now they would have
insurance versus the people who are just -- that are not getting that
from somebody else.
Okay. That's it.
CHAIRMAN McDANIEL: Thank you.
Commissioner Saunders?
COMMISSIONER SAUNDERS: Mr. Chairman, I make a
motion to approve the staff recommendation and also to -- for staff to
formulate a way to present this to the Productivity Committee -- I
think that's a great idea -- to start evaluating how we should move
forward with this.
COMMISSIONER FIALA: I would second it if it was just till
the end of this calendar year -- not calendar year but --
COMMISSIONER SAUNDERS: Well, the motion it to accept
the staff recommendation.
CHAIRMAN McDANIEL: Yes. I'm going to second it for
discussion purposes. I would like to -- I would like to say a minute or
two, once we're all done.
And, Commissioner Solis, you were ahead of me.
COMMISSIONER SOLIS: Just real quick.
I mean, our bidding process is governed by statute, isn't it? I
mean, isn't that pretty much a statutory --
MR. OCHS: Some of it's statutory. Some of it's governed by
your purchasing ordinance, local ordinance.
COMMISSIONER SOLIS: Okay. Well, I've heard all I needed
to hear, but I'll support the motion as well.
CHAIRMAN McDANIEL: And as far as my conversation goes,
you know, we had a workshop a couple of wee ks ago that had a
discussion about the value of Florida fauna and the reduction in
overall maintenance that travels along with it, the reduction in
necessities for fertilization and watering and so on.
February 26, 2019
Page 158
And I don't know that we don't have any -- and I talked earlier
about dictatorships, but we don't have any dictatorial policies with
regard to future contracts, existing contracts mandating utilization of
Florida fauna within our landscape beautification contracts. I know
for a fact we have -- or am I incorrect there?
MR. OCHS: Joe?
MR. DELATE: Sir, if I could address your concerns. We have
in our contracts that when we use fertilizer, which we didn't do for
about two years because of the cost, that we use slow-release
fertilizer that would meet all your current fertilizer ordinances.
CHAIRMAN McDANIEL: That wasn't what I was talking
about. I was talking about the necessity of utilization of Florida
fauna in the plantings. That's what I was talking about.
MR. DELATE: Yes, I'm sorry. Okay. When the Board passed
the master plan, they required the use of Florida-friendly plants,
which is use of native and drought-tolerant plants, and so we follow
that through with our designs.
CHAIRMAN McDANIEL: That is currently in existence.
MR. DELATE: That's correct. And, also, we have a
state-of-the-art irrigation system that we're very judicious in use of.
CHAIRMAN McDANIEL: Okay. And that's also -- I do know
for a fact that's utilizing -- I believe it's utilizing reuse water.
MR. DELATE: Right, we have a combination --
CHAIRMAN McDANIEL: Right.
MR. DELATE: -- of reuse well water and potable, depending
on the circumstance.
CHAIRMAN McDANIEL: All right.
COMMISSIONER FIALA: Okay. The problem with the
Florida fauna is whatever -- I don't know if we just bought different
kinds, but we've had so many problems with them dying very quickly
and then them lying dead there for a while, and there's a few different
February 26, 2019
Page 159
kinds that we can name, you know, like the crown of thorns, for
instance. My goodness, they last, what, about two months, and then
they're dead. And then they lay dead for months and months. I don't
know that that's a healthy thing to be putting in there. Maybe there's
a different kind that doesn't. Then there's that other kind that gets
those little white feathery things that crawl up and down the leaves,
and they get those immediately, and then they die, and so that
doesn't -- that's Florida fauna as well, and that doesn't work very well.
CHAIRMAN McDANIEL: You know, and with regard to that,
I think staff's recommendation is prudent for us right now. We're
going to be able to address a lot of these contractual issues, how
we're going out for RFPs for what we're, in fact, planning, how we're
utilizing, and in the actual maintenance contracts. I know that there
are some stipulations within the current contracts that are rather
onerous for -- and costly to us that are stipulations in the maintenance
contract. So I think staff's recommendation is prudent at this stage.
COMMISSIONER SAUNDERS: And there is a motion and a
second, so I'll call the question.
CHAIRMAN McDANIEL: There is.
COMMISSIONER FIALA: Yes, especially if he -- and, Joe,
I think you know which ones we're talking about, and you know
which ones didn't work, right?
MR. DELATE: Yes, Commissioner.
(Multiple speakers speaking.)
MR. DELATE: We know that there was some plant material
that we no longer use, like the crown of thorn and others that you
described, and they're no longer in any of our designs. And we will
move forward not using those plants, and we will replace them as we
have the money to do that.
February 26, 2019
Page 160
COMMISSIONER FIALA: And will check to see whether
mowing grass or planting plants and replanting plants and using no
grass but mulch and so forth --
MR. DELATE: Sure.
COMMISSIONER FIALA: -- which is cheaper in the end.
And -- yeah. And then when we stop, is there a way that we say
when we start back up again, or are we just stopping the
program entirely? I want to really know that.
MR. OCHS: Commissioner, we're going to need to discuss that
when we go through your budget guidance next meeting and then
into your summer board workshops, I think, is when we'll be
prepared to give you some options on where we can go next FY and
beyond that. That would be my recommendation, because there's a
lot of other decisions that the Board may make with regard to the
budget that's going to impact where you want to put your resources.
You made one this morning, for example, on stormwater utility.
CHAIRMAN McDANIEL: All right. With that, it's been
moved and seconded that we accept staff's recommendation. Any
other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed?
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: 4-1.
MR. DELATE: Thank you, Commissioners.
February 26, 2019
Page 161
Item #11E
AWARD AN AGREEMENT FOR INVITATION TO BID NO. 19-
7511, “DAVIS BOULEVARD LANDSCAPE MAINTENANCE”
TO FLORIDA LAND MAINTENANCE, INC. D/B/A
COMMERCIAL LAND MAINTENANCE - MOTION TO
APPROVE STAFF’S RECOMMENDATIONS – APPROVED
MR. OCHS: Mr. Chairman, if we could, while Joe's up here,
take a related item that you'd asked to move off consent. It's now
Item 11E. It was Item 16A11.
And it's a recommendation to award an agreement for -- excuse
me -- Davis Boulevard landscape maintenance to Florida Land
Maintenance doing business as Commercial Land Maintenance. I
know you had asked for that one to come off of the consent agenda.
CHAIRMAN McDANIEL: You had me down as asking to have
that pulled up, and I don't have notes on that. Remind me what we're
talking about.
MR. CASALANGUIDA: Commissioner, you had questions.
You said the price was higher than our average per-lane-mile price,
and it was for a new section of Davis, but I think we might have
answered your question. So if we answered it and you have no
issue --
CHAIRMAN McDANIEL: Yeah. And I think it just was kind
of a companion item along here. I think if that one there was -- if
we'd of taken that price per mile -- that expense out on a mileage
basis, it would have been north of 150 -some-odd-thousand dollars for
a similar section of road, if I'm not mistaken.
MR. DELATE: That's correct. And, again, that's, like, a
maximum price. Does not mean we're going to expend all those
funds. We're going to be very judicious in spending money.
February 26, 2019
Page 162
CHAIRMAN McDANIEL: As we always are, sir. It just -- it
was an alarming amount that causes -- I'm sure, that, you know, in
the original -- in the previous discussion, you know, we ended up,
we're almost an average of $74,000 a mile and perpetual -- by the
way, there is no perpetual in government.
COMMISSIONER TAYLOR: Perpetuity.
CHAIRMAN McDANIEL: In perpetuity, that's correct, so...
COMMISSIONER FIALA: As long as you're talking about
Davis, may I ask a question?
COMMISSIONER TAYLOR: Is there?
COMMISSIONER FIALA: The part on Davis, just a small little
section right there where it's just grass and the trees.
MR. DELATE: Yes.
COMMISSIONER FIALA: Are you able to calculate how
much it costs to do that, being that we've had something like that,
versus the other stuff so that you can kind of get an idea of which
might be cost effective?
MR. DELATE: Yes, we can do a calculation. There's -- based
on what Commissioner Taylor asked about grass, what you asked
about grass, versus planted material, ground cover versus mulch, we
can do a calculation: Water, fertilizer cost, maintenance, and give
you a spreadsheet on that.
COMMISSIONER FIALA: Now, that one had reuse water, but
I don't think we have reuse water on all of our medians either, do we?
MR. DELATE: No, we just have it in selective areas.
COMMISSIONER FIALA: They don't need any fertilizer there,
but others will, right?
MR. DELATE: It depends where it is, correct.
CHAIRMAN McDANIEL: Yeah. Just as a footnote, we
actually have -- I think there's a test going on in the MSTU in
Immokalee. I had asked our staff over in Immokalee that performs
February 26, 2019
Page 163
the maintenance to set up a couple of segments of the roads that are
maintained with that MSTU and do a study because of the exorbitant
mulch expense and to utilize alternative DOT-approved ground cover
for mulch and stuff. I'll get along here in a second, Mr. Saunders. I
see you --
COMMISSIONER TAYLOR: Call the question.
COMMISSIONER SAUNDERS: I make a motion to approve
the staff recommendation.
CHAIRMAN McDANIEL: We did that already. We voted on
that 4-1.
COMMISSIONER SAUNDERS: Not on the one that we're on,
I don't believe there has been. But if there has been a motion, that's
okay, too.
COMMISSIONER TAYLOR: No, there hasn't.
CHAIRMAN McDANIEL: We're just discussing.
COMMISSIONER TAYLOR: And I'll second.
CHAIRMAN McDANIEL: We're off subject.
COMMISSIONER SAUNDERS: So now there's a motion and a
second to approve that item.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve it. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: So moved.
MR. OCHS: Thank you, Commissioners.
February 26, 2019
Page 164
Item #11C
AN AGREEMENT WITH QUALITY ENTERPRISES USA, INC.,
FOR INVITATION TO BID NO. 18-7483, “REPLACEMENT OF
PROCESS AIR BLOWERS 3 THROUGH 6 AT THE SOUTH
COUNTY WATER RECLAMATION FACILITY,” IN THE
AMOUNT OF $1,082,730, FOR PROJECT #70203, AUTHORIZE
THE NECESSARY BUDGET AMENDMENTS, AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED
AGREEMENT – APPROVED
MR. OCHS: Item 11C is a recommendation to approve an
agreement with Quality Enterprise USA for a contract award for the
"Replacement of Process Air Blowers 3 through 6 at the South
County Water Reclamation Facility" in the amount of $1,082,730.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER SAUNDERS: Second.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: It's been -- that's an amazing
presentation.
COMMISSIONER FIALA: Good, Tom.
MR. CHMELIK: Thank you.
CHAIRMAN McDANIEL: Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
February 26, 2019
Page 165
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #11D
AWARD AN AGREEMENT FOR INVITATION TO BID NO. 18-
7488 “ASPHALT MAINTENANCE & RELATED ROADWAY
SERVICES” TO PREFERRED MATERIALS, INC. (PRIMARY
CONTRACTOR) AND AJAX PAVING INDUSTRIES OF
FLORIDA, INC. – APPROVED
MR. OCHS: Item 11D is a recommendation to award an
agreement for -- contract award, excuse me, for asphalt maintenance
and related roadway services to Preferred Materials as the primary
contractor and Ajax Paving Industries of Florida, Incorporated, as the
secondary contractor. Mr. Delate can make a presentation. This is a
resurfacing and maintenance agreement.
COMMISSIONER SOLIS: Move approval.
COMMISSIONER TAYLOR: Second.
COMMISSIONER FIALA: Second.
MR. OCHS: Competitively bid.
CHAIRMAN McDANIEL: It's been moved and seconded that
this be approved per the recommendations of staff.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
February 26, 2019
Page 166
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. DELATE: Thank you. One point of clarification, County
Manager, we did approve the David Boulevard one also, right?
MR. OCHS: That's correct.
MR. DELATE: Okay, thank you.
Item #12A
DIRECT THE HEARING EXAMINER TO HEAR THE APPEAL
FILED BY LONDON OF NAPLES, INC. OF THE
ADMINISTRATIVE DENIAL OF THE INSUBSTANTIAL SITE
PLAN AMENDMENT SDPI-PL20180002049 FOR GATEWAY
FORMERLY KNOWN AS TRIO. THE SUBJECT PROPERTY
CONSISTING OF 1.98 ± ACRES IS IN THE GENERAL
COMMERCIAL (C-4) ZONING DISTRICT WITHIN THE MIXED
USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED
USE OVERLAY AT THE EASTERN CORNER OF THE
INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI
TRAIL EAST IN SECTION 11, TOWNSHIP 50 SOUTH, AND
RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA - MOTION
TO APPROVE STAFF’S RECOMMENDATIONS – APPROVED
MR. OCHS: Mr. Chairman, this takes us to Item 12A. It was
previously Item 16K4 on the County Attorney's consent agenda. And
let me find that one.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN McDANIEL: Yes, sir.
February 26, 2019
Page 167
COMMISSIONER SAUNDERS: On that particular item, I did
have a conversation with Mr. Yovanovich and would like to make a
suggestion. I think part of the concern that Mr. Yovanovich has, and
I think it's legitimate, is that if we return this item to our county
hearing examiner, it's an item that's already been heard by the hearing
examiner as a part of the Planning Commission, I believe; is that
incorrect?
MR. YOVANOVICH: Do you want me to -- for the record --
COMMISSIONER SAUNDERS: I want to make sure I get the
facts correct.
MR. YOVANOVICH: Yeah. I'll briefly give you some facts
and then -- if that's okay, or should I wait? Mr. Chairman, up to you.
MR. OCHS: It was a County Attorney staff item. I don't know
if he wants to present first.
MR. KLATZKOW: I would be happy to.
This is an appeal of an insubstantial Site Development Plan. These
things are normally heard by your Hearing Examiner, Mark Strain.
The way this would typically work would be that the Hearing
Examiner would give a report and recommendation. Whatever
decision was reached, if the applicant was unhappy with it, there
would be an appeal to this Board of County Commissioners sitting as
the Board of Zoning Appeals.
You would then have, at the end of the day, the final
determination of the decision. You'd be the final decision-makers.
So that the role really of the Hearing Examiner comes down to sitting
down, going through with the applicant and staff the various issues,
and writing a report and a recommendation that, if it was not agreed
to by the applicant, would be heard by you.
So if the concern is that the Hearing Examiner may be
prejudiced or he's heard this before, he's not the ultimate
decision-maker anyway.
February 26, 2019
Page 168
CHAIRMAN McDANIEL: Commissioner Solis?
COMMISSIONER SOLIS: If it's an appeal as opposed to
coming to us directly, does that affect the standard of review? Is it a
de novo?
MR. KLATZKOW: It's de novo. The advantage is that there
will be a report and recommendation that you'll have the ability to go
through before the hearing. If for some reason this gets appealed to
Circuit Court, the Court then would have a decent record before it to
make a decision rather than the simple transcript of a reporter.
COMMISSIONER SOLIS: Okay.
MR. YOVANOVICH: May I?
COMMISSIONER FIALA: Yeah.
MR. YOVANOVICH: Mr. Chairman, is it okay?
CHAIRMAN McDANIEL: Absolutely -- well, Commissioner
Taylor, you want to speak before he goes?
COMMISSIONER TAYLOR: Yes. I think there's a great value
in having the resources of our Hearing Examiner involved in this
only because, yes, indeed, we start at the beginning if it is, indeed,
appealed to us. But I think one would be hard pressed to find another
individual that does the research and backs up his research with
actual factual documents. So I know from the Racetrac issue on 41
how important it was to have our Hearing Examiner be involved in
that and to bring the facts out. So I don't see -- there's always one last
stop, and it's us. And so I don't see any problem with having it
referred to the Hearing Examiner.
MR. YOVANOVICH: Now?
CHAIRMAN McDANIEL: Now you may go.
COMMISSIONER FIALA: I agree. I think I'll make a motion
to --
MR. YOVANOVICH: Well, if I may --
February 26, 2019
Page 169
CHAIRMAN McDANIEL: We'll let him speak. And then we
have public speakers, if I'm not mistaken.
MR. MILLER: He is your public speaker, sir. I'm going to start
the clock on him.
CHAIRMAN McDANIEL: Start the clock.
MR. KLATZKOW: Two minutes.
MR. YOVANOVICH: Okay. If I can, if you don't mind, I
represent London Development -- London of Naples, Inc., who
bought the Trio project which is immediately adjacent to the county's
project and property that you're selling to Mr. Starkey and
Mr. Pezeshkan.
The Trio project had an approved Site Development Plan for a
mixed-use building which included a hotel and residential units and
commercial units. It was an approved Site Development Plan that
was approved. The floor plans were shown, and it clearly showed
that there was no FAR, floor area ratio, requirement. That was
approved.
An amendment was going through the process to change the
configuration, not changing the floor area ratio, but changing the
configuration of the building to get more hotel units.
Your purchaser was not happy. Your purchaser approached staff.
Your purchaser then got staff to change its position on the floor area
ratio and, for the first time, a floor area ratio was being applied to this
property.
It all stemmed from your purchaser being unhappy with our
ability to get more hotel units on the Trio property.
Your Hearing Examiner, who I have all the respect for in the world,
was part of the process for the county to change its interpretation and
now apply a floor area ratio.
I, frankly, am concerned for my client about being given due
process. Due process means you go to an objective decision -maker,
February 26, 2019
Page 170
and that's what I'm concerned about. I think -- because, frankly, the
county has an interest in how this turns out because you have a
purchaser who doesn't want to see the floor area ratio go above a .6.
So we would like to go to an independent decision-maker. I would
like to see if we can either go to -- I'd love to go straight to Circuit
Court.
We'll present our case, you'll present your case, and an
independent judge will do that. I'm open to we'll go to a magistrate,
we'll go to another land-use lawyer, we'll present the case to someone
who has experience with these issues, but we're concerned that we're
not going to get an independent determination on whether or not a
floor area ratio applies because your purchaser doesn't want to see us
get this.
And the record -- there's an appeal that your purchaser filed
challenging the Site Development Plan and implementing or raising
for the first time floor area ratio. It's in the record. We're concerned,
and I don't think it's an unreasonable concern, and that's why we
would like to go to someone independent, and let's have an
independent set of eyes look at this, and then we can decide where we
go from there, and that's what I had raised, and that's why I'm
concerned, because the Hearing Examiner was consulted originally
when the determination was to now apply a floor area ratio. That's
my concern for my client.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yes. First of all, I agree with
Penny Taylor about the Hearing Examiner. He never goes int o
anything without knowing what in the heck he's doing, and he
researches everything. And so I would call him about as independent
as you could be as -- I don't know that he has any contacts or
collusions with anybody. I haven't heard of that at all. He kind of
remains like his own Rock of Gibraltar.
February 26, 2019
Page 171
The second thing is, I wanted to know if you've gone before the
CRA board. What do they say?
MR. YOVANOVICH: The project has been approved for
probably two or three years now.
COMMISSIONER FIALA: Yeah, but it was approved as it is
now, right? You're trying to change it?
MR. YOVANOVICH: No, no, no. The project itself, the
building and how it looks is -- what's happened, Commissioner Fiala,
is the project that was originally approved at 48 hotel units with the
floor area ratio that exceeded what's now being imposed has been on
the books for probably two years. That's been rescinded; rescinded,
gone, because of the new floor area ratio.
So my client who bought the property with an approved Site
Development Plan no longer has an approved Site Development Plan
because of this change. And I know that -- you know, the genesis of
that change started from your purchaser. And I just think the
appearance doesn't -- it's a tough appearance to overcome when your
purchaser has a stake in the outcome. And we've raised the issue.
We think it's a legitimate issue, and it's just human nature.
MR. KLATZKOW: Okay. And your argument would be the
same as if the Board hears this then.
MR. YOVANOVICH: And that's why I suggested we go
straight to court for an independent --
(Multiple speakers speaking.)
MR. KLATZKOW: Which is why your ultimate remedy -- if
we go through the process, the process is, normally it would go to the
Hearing Examiner, get appealed to this boa rd, and if you don't like
the decision, it gets appealed to the Circuit Court, and the Circuit
Court, obviously, would have no dog in this fight.
February 26, 2019
Page 172
MR. YOVANOVICH: I'm just trying to save everybody time
and effort and go right to where we ought to go, which is the Circuit
Court. That's all I'm suggesting.
COMMISSIONER TAYLOR: Why would we?
COMMISSIONER FIALA: I agree with Penny Taylor as far
as --
COMMISSIONER TAYLOR: His impartiality --
COMMISSIONER FIALA: -- going to the Hearing Examiner.
COMMISSIONER TAYLOR: Yeah. I would think that you
would gain by having Mr. Strain research this and bringing out facts
because, believe me, he'll go back into the beginning of Collier
County to justify or to refute, and, you know, he just brings out the
facts. It's both sides.
MR. YOVANOVICH: And, you know, there's times that there
will be disagreement with that. And I've already done the research,
and I've already submitted my appeal, and I'm pretty strong in my
position as well. So, I mean, I get it. We'll have a disagreement, and
we'll ultimately decide -- maybe we won't. Maybe he'll agree with
me.
But, I mean, my concern is he's already agreed that the FAR
should be applied. I don't see much hope that that's going to change.
CHAIRMAN McDANIEL: Right. And that's the request of the
appeal is because the Hearing Examiner was the impetus for the
application of the FAR in the first place, to get us here.
Commissioner Solis.
COMMISSIONER SOLIS: Is potential litigation -- and I don't
know who this is a question for, if it's the County Attorney or the
Manager. Is -- the potential for this going to the Circuit Court, can it
delay or have an impact on what happens on the other piece? I mean,
are we going to -- you know what I mean?
MR. KLATZKOW: I think the two pieces --
February 26, 2019
Page 173
COMMISSIONER SOLIS: I'm a little fuzzy right now, so I'm
not asking the question very well.
MR. KLATZKOW: No, I understand your question. I don't
think it will delay our -- the other piece of development. I think the
development of both parcels are independent of each other, absent an
access issue, which we'll talk about later.
MR. YOVANOVICH: Which will be next.
CHAIRMAN McDANIEL: We'll flip that coin here in a minute.
COMMISSIONER SOLIS: You know, I am concerned the way
this has come about. I mean, I'm concerned about the health of the
whole process, frankly. And if -- you know, just at a first blush, if
the FAR had not been applied to begin with, to suddenly apply it
raises my eyebrows, you know, just like, okay, there's something --
something has changed which wasn't reflected in what was approved
to begin with.
If we're hearing from the applicant that this is going to be
reviewed in Circuit Court anyway, I don't know what is gained by
adding another hurdle to it. Let's just get it over with. This is like a
Band-Aid.
MR. KLATZKOW: Two things. One, this board is going to
hear the issue --
COMMISSIONER SOLIS: Right.
MR. KLATZKOW: -- and you're going to make your own
decision.
COMMISSIONER SOLIS: Let's just hear it.
MR. KLATZKOW: And you can absolutely agree with
whatever the decision the Hearing Examiner recommends.
COMMISSIONER SOLIS: No, I know. That's what I'm saying.
MR. KLATZKOW: The second thing is, I've got no record to
go to a Circuit Court on right now.
COMMISSIONER SOLIS: Right. No, no. I'm sorry.
February 26, 2019
Page 174
MR. KLATZKOW: That record's going to be whatever Mr.
Yovanovich wants to throw in front of the Circuit Court, quite
frankly.
COMMISSIONER SOLIS: No, I'm sorry. I didn't express that
well. I'm just saying, why don't we just hear it, and --
MR. KLATZKOW: You can do that.
COMMISSIONER SOLIS: And, obviously, Mr. Strain will
weigh in to the extent that any of us want him to weigh in.
COMMISSIONER TAYLOR: Well, let's have a vote that he
weighs in before we hear it. I would like a written report from him.
COMMISSIONER SOLIS: I mean, I think that's written into his
ordinance.
COMMISSIONER TAYLOR: But we'd have to have a majority
ask for a written report, I would think.
COMMISSIONER SOLIS: No. That's not the way it's written.
COMMISSIONER TAYLOR: I would very much like his
review and his analysis one way or another on this because, I mean,
I've been very close to this from the beginning. It's not quite as our
attorney has presented, but it's close to it. But every time you push
the envelope a little bit, it raises new issues.
COMMISSIONER SOLIS: No, and I agree. And I understand
wanting the Hearing Examiner to weigh in on it. And I understand
that. But he could provide that, and we could just move this thing
along and get it done.
COMMISSIONER TAYLOR: Is there any
advantage, Mr. Klatzkow, for him to actually hear it as versus writing
a report and presenting it to us?
MR. KLATZKOW: No. I'm just -- as long as you have a report
and recommendation, you'll have good grounds to make whatever
decision you make, whether it's through Mark hearing this thing or
February 26, 2019
Page 175
just Mark sitting down with staff and Mr. Yovanovich and then
giving you a report.
COMMISSIONER TAYLOR: Okay.
MR. KLATZKOW: Same result.
COMMISSIONER SOLIS: I'm just trying to move it forward.
CHAIRMAN McDANIEL: And the end result is that we end up
with a report from Mark Strain before we actually hear it, and we --
but the applicant didn't have to go through the Hearing Examiner's
process.
MR. YOVANOVICH: What I don't want to do is I don't want to
be in a position where I have to appeal a hearing examiner
determination. If he wants to write a report and you want him to
write you a report so you have a record, I can't stop you from doing
that, but I want it far enough in advance that I can look at everything
he's got in the report so I can be prepared at the appeal stage to rebut
everything in the report.
COMMISSIONER TAYLOR: Appeal stage meaning before
us?
MR. YOVANOVICH: The actual appeal that I filed as my
record in front of you -- you can have whatever -- I look at it, your
staff would -- normally your staff would write a report to you giving
an opinion as to whether they agree with me or disagree with me, and
they would give you all the backup for that, and then we'd have a
hearing in front of you. They'd have my documents. I'd have their
documents. They'll point out why they disagree with me. I point out
why I disagree with them, and I'd have plenty of time to prepare.
If you want Mr. Strain to work with Mr. Bosi and his staff to
prepare rebuttal to my appeal, I can't stop you from doing that.
MR. KLATZKOW: It's not rebuttal. No, no. It's -- Mark works
for you folks.
CHAIRMAN McDANIEL: Right.
February 26, 2019
Page 176
MR. KLATZKOW: He has a contract directly with the Board of
County Commissioners. He does not work for staff, all right. He's
primarily there -- he's primarily there to when there's an issue
between a developer and staff, okay, to sit them both down and say,
okay, and try to work it out. This is why we've no land-use litigation
is this process that we've developed over the years of working things
out over the course of time between developers, Mark, and staff, all
right.
Mark's not going to sit down and give you a staff
recommendation. Mark's going to give you an independent report
and recommendation, which you're free to do whatever you wish
with. And Mr. Yovanovich during this time will also, in the record,
put down whatever report he wants to put in setting forth his position.
MR. YOVANOVICH: Which I have.
MR. KLATZKOW: Which you'll have.
MR. YOVANOVICH: Which I already have. My point is, I
filed my appeal already. So you'll have two sets is what I'm hearing,
Jeff. You'll have Mr. Bosi's response, you'll have Mar k's report, I'll
have them in plenty of time in advance so I can rebut them both. But
I don't want to appeal Mark's decision. I just want you to hear it for
the first time, that's all I'm asking, or I prefer to go right to Circuit
Court.
MR. KLATZKOW: Then we'll just do a report. No
recommendation. It will be a report. Mark will lay out the issue.
COMMISSIONER SOLIS: But now we're coming up with a
whole new procedure. Now I'm -- now we're rewriting the procedure
on an appeal on the fly, and now that's making me uncomfortable,
because I understand your point, when are you going to get the report
that you have to see? Are you going to get that long enough in
advance to be able to --
MR. YOVANOVICH: Prepared.
February 26, 2019
Page 177
COMMISSIONER SOLIS: -- respond to whatever's in there?
But now we have to come up with a procedure for the timelines for
how that's going to work.
MR. KLATZKOW: Your current procedure would be if
you're -- you could do one of two things. You could hear it directly,
all right. I think that will be a mess.
COMMISSIONER TAYLOR: Yep.
COMMISSIONER SOLIS: Why would it be a mess?
MR. KLATZKOW: Because you're a legislative body, and to
sit down and go through the text of the Land Development Code, you
know, and --
COMMISSIONER SOLIS: We do that at every single zoning
case.
MR. KLATZKOW: Not in this context, you don't. Not in an
adversarial context. The benefit of having Mr. Strain do this is that
he will sit down, he will, in essence, have a mini hearing. He will
then issue a report and recommendations which will come to you.
You will then have a de novo hearing if it's appealed by
Mr. Yovanovich, all right. But you'll have everything before you.
You'll have Mr. Yovanovich's arguments before you, you'll have staff
recommendation, and then you'll have the Hearing Examiner lay
everything out. When Mark lays something out, Mark lays
something out. You'll get it from soup to nuts. This is why --
COMMISSIONER SOLIS: Right. Okay.
MR. KLATZKOW: That's my suggestion.
COMMISSIONER SOLIS: In hindsight -- and, again, my
concern is that the process be as good a process as it can be.
MR. KLATZKOW: And this is --
COMMISSIONER SOLIS: And, Rich, I'm sorry, you know,
circumventing the process that we have is going to create more
problems, I think, for everybody than -- including your client.
February 26, 2019
Page 178
MR. YOVANOVICH: No. The process would be for you to
hear it and hear my arguments, hear staff's arguments just like you do
on every zoning hearing you do. You are a quasi-judicial body. You
do it every meeting. You did it earlier today when you decided to
vote no on the church. There was a presentation of the evidence, and
you guys weigh the evidence and you decide who wins. This is --
with all due respect, is not anything different that you do, and y ou
will be doing it again.
Let's assume the Hearing Examiner's recommendation is apply
an FAR. I'm going to appeal that, and we're going to have a
conversation where you're going to sit and weigh the evidence just
like I'm suggesting. You're going to weigh my analysis, you're going
to weigh staff's analysis, and you're going to weigh whatever report
you have. You're going to have to make the decision. It's no
different. The normal process would be to come to you.
MR. KLATZKOW: But it's no different like today when the
Planning Commission heard everything, and the Planning
Commission was able to go through it, and the Planning Commission
was able to reduce the issues before it came to the Board. Taking it
directly with you, you have no Planning Commis sion input. This is
sort of a substitute for that.
MR. YOVANOVICH: So it's de novo. It's de novo, not based
upon the record in front of the Planning -- in front of the Hearing
Examiner?
MR. KLATZKOW: It will be de novo.
MR. YOVANOVICH: De novo. So if it's de novo, we may as
well just come straight here, in my opinion.
MR. KLATZKOW: But they're all de novo. Today's hearing
was de novo, but you went through a Planning Commission with a
recommendation.
CHAIRMAN McDANIEL: Commissioner Taylor.
February 26, 2019
Page 179
COMMISSIONER TAYLOR: Oh, it's me.
I think my question was answered. So I'd like to make a motion that
we support the County Attorney's recommendation to direct the
Hearing Examiner hear the appeal filed by London of Naples
regarding this administrative denial of the insubstantial Site Plan
amendment SDPI-PL20180002049 for the Gateway formerly known
as Trio.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we relegate this off to the Hearing Examiner for hearing prior to
coming to us. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed?
Aye.
MR. YOVANOVICH: Okay. I understand.
Item #14B1
RECOMMENDATION THAT THE BOARD, ACTING AS THE
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB),
APPROVE AN ACCESS EASEMENT OVER PROPERTY
OWNED BY THE COMMUNITY REDEVELOPMENT AGENCY
IN THE GATEWAY TRIANGLE MIXED USE DISTRICT
OVERLAY – CONTINUED TO THE MARCH 26TH BCC
MEETING – APPROVED
February 26, 2019
Page 180
MR. OCHS: Mr. Chairman, that takes us to Item 16 -- excuse
me -- Item 14B1. It was previously 16B1 on the CRA consent
agenda. This is a recommendation that the Board, acting as the
Community Redevelopment Agency board, approve an access
easement over property owned by the Community Redevelopment
Agency and the Gateway Triangle Mixed Use overlay.
Commissioner McDaniel asked for this to be brought to the
regular agenda.
And, Mr. County Attorney, shall the Board convene as the
Community Redevelopment Agency board or stay as the --
MR. KLATZKOW: We could do that --
MR. OCHS: -- BCC?
MR. KLATZKOW: -- but it's implied.
MR. OCHS: Okay.
COMMISSIONER TAYLOR: Commissioner Fiala, you have
the gavel, ma'am.
MR. OCHS: No.
COMMISSIONER TAYLOR: We're not going to reconvene
as --
CHAIRMAN McDANIEL: There's no need to.
MR. OCHS: It's just a question. Would you like a staff
presentation?
CHAIRMAN McDANIEL: Please.
MR. CASALANGUIDA: I'm not Deborah Forester. For the
record, Nick Casalanguida, your Deputy County Manager. I worked
with Deb to put this on the agenda. As you can see from the prior
item, you're starting to get a little bit of heat between the two
property owners that are located in the Gateway Triangle.
What I put in front of you is the exhibit that was in for the PUD
when this item came forward for the redevelopment project that the
Board approved with the contract buyer. There was a lot of
February 26, 2019
Page 181
discussion during the public meetings, during the Planning
Commission. And in talking with Mr. Yovanovich, there's a little
discrepancy as to who owned the property to the left at the time, but
there was no objection to what was presented to the Board.
And most importantly is this driveway road right here was
discussed as a shared-access easement. Now both, I will tell you, is
our contract buyer and as well as the neighbor are in a debate about
where the driveway should be, and it's been going on for quite a
while. I met with both parties indepe ndently. I tried to broker a
meeting to get them together, and that didn't work out that well. And
I have to acknowledge the Mr. John Agnelli is a perfect gentleman
and has been very patient through this whole process.
So in talking about it with the Manager and the County
Attorney, as well as your CRA director, one thing was clear, we
presented this item to the Board as a unified project to share the
access with the neighbor, and my suggestion was let's eliminate some
of the arguments that are going on, because both parties are offering
to provide access on each lot or, potentially, share it, but I can't get
them together to talk about it. But this item, regardless of whether the
contract buyer takes it or not, we presented a shared driveway to the
Board.
So we've created an easement document that depicts the
cross-access easement, and Mr. Yovanovich made one -- pointed out
one error in the document I think we just cleared up on the record. It
references Exhibit A, which is the location and legal desc ription, and
what it says, "Either grantor or grantee shall be entitled to construct a
roadway (sic), sidewalks, and landscaping as shown in Exhibit A." It
should say, "within the boundaries of Exhibit A easement area."
And what that does is it puts it on the record, and it doesn't
obligate the owner to go there, but it settles the dispute on our side
that we provided that access easement. And I -- my conversation
February 26, 2019
Page 182
with Mr. Agnelli is, you can record an easement on your property as
well, too, granting access to us if you'd like, which now takes that
out. And while it doesn't require the owner to use it, FDOT has been
watching this project go back and forth and trying to figure out where
the access goes.
So by recording the easement, you're not obligating the person
next door, the grantee of the easement, but it at least satisfies our
obligation to provide cross-access, and the debate between them two
on who should be able to build what and when can go on without this
easement or access issue.
So that's what you have in front of you today, Commissioners.
CHAIRMAN McDANIEL: Does anybody have any questions?
Don't go away. Oh, you can answer from over there, if you wish,
please. Yes. Nick, you can sit down. Do we have public speakers
on this?
MR. MILLER: Yes, a Richard Yovanovich.
CHAIRMAN McDANIEL: Mr. Yovanovich, you may go,
please.
MR. YOVANOVICH: I've got to tell you a little --
CHAIRMAN McDANIEL: Start the clock.
MR. YOVANOVICH: -- A little funny story. I was talking to
Tony Pires about this and the fact that you're going to record an
easement that has actually no legal sufficiency or any legal
requirement, and Tony, for the first time I think in the 29 years that
I've known him, agreed with me.
So for a moment I rethought my position, but, you know, I think
this one time Tony got it right. I've got to tell you, the way the
document is written, now that Nick wanted to clarify that, I could
somehow build these improvements in this area, not by a specific
plan, doesn't really give me any comfort because I've still got to go to
February 26, 2019
Page 183
the county, I've still got to get their approval on exactly what I'm
going to build in this easement area.
I don't have a unilateral right to go build my access to my
property to get access to my property. The bottom line is this:
FDOT, what I'm being told, wants us to have a shared access right on
the property line, right on the property line.
My client has told me they're willing to put an access easement
right on the property line. There is no reason why we can't get
everybody in a room before -- there's no rush. I'm not screaming for
access today. There's no reason why we can't get everybody in the
room in the next four weeks and come back to you holding hands on
an access easement right on the property line. I don't know why
we're rushing this. I'm told that's actually what your purchaser wants
is an access easement right on the property line.
My client's right here. He'll say it on the record. He's
committed to an access easement right on the pro perty line. I don't
know why it is that difficult to sit down, agree to an access easement
right on the property line and what it's going to look like in the next
three to four weeks. So what I would like to do is have this item
continued, let's all get in a room, which includes your purchaser, and
sit down and do this. There's no reason to come back six weeks later
and say, we've reached an agreement. Let's just get in a room and do
it.
We all want it to be in the same place. My client's saying it on
the record through me. I'm being told that's where your purchaser
wants it. Why can't we continue this for four weeks and hammer this
out? There's no reason to do this in a location that we do not agree
to, and FDOT would prefer that we share one property line, from my
understanding. So that's my request. Why can't we just all get in a
room?
February 26, 2019
Page 184
MR. CASALANGUIDA: Commissioners, if I could tell you the
amount of times I've spoken both to the purchaser and the neighbor,
and trying to get them to agree on anything has been a little bit of a
challenge. What I've suggested to Mr. Yovanovich is simply this:
The grant of easement is a document you file and record, and it can
be amended later. And they can grant an easement on their property,
and it forces the issue to get them talking a little bit.
But if there's a suggestion that I can get them in a room to try
and come up with what this easement looks like, I have not been
successful to date, and this easement could be amended once it's
recorded.
MR. YOVANOVICH: May I?
CHAIRMAN McDANIEL: No. Just one second, if we can.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Well, it seems to me that to
adopt an easement today and then possibly amend it later seems to be
an exercise that we don't really need to go through. I would suggest --
and I talked to Mr. Yovanovich about this earlier -- that let's give it
one more try.
MR. YOVANOVICH: Okay.
COMMISSIONER SAUNDERS: Why not sit down with
Mr. Pezeshkan and Mr. Agnelli and hammer this out and come back
in two weeks or three weeks, and if it doesn't work out, then we'll
approve it. Is there any problem with that?
MR. CASALANGUIDA: No, sir. If your recommendation is to
come back in two weeks and report back as to if they've gotten
together and come closer --
COMMISSIONER SAUNDERS: And communicate to both the
purchasers that we'd like to have this easement thing worked out
agreeably. There's no reason to be fighting in front of the Board over
that access.
February 26, 2019
Page 185
MR. YOVANOVICH: May I add just one thing? Since it's still
technically your property, I would love to have Mr. Casalanguida in
the room with your buyer and my client --
COMMISSIONER SAUNDERS: Absolutely.
MR. YOVANOVICH: -- to sit down. He can call the meeting.
We'll show up. But it takes both sides to be in the room. You have
our commitment to be there. And I can't speak for your purchaser.
COMMISSIONER SAUNDERS: Well, that was the intent was
that Mr. Casalanguida would be in the room.
MR. YOVANOVICH: Okay. Oh, great.
CHAIRMAN McDANIEL: And I'm going to say this, and I
agree. I mean, the continuance is a fine way to go. I've said this
since we voted on the PUD that got approved on this piece of
property last year or the year before. I want to make sure that neither
is prohibited in going forward with their own independent capacities
to develop their site independent of one another.
So I don't want the predication of this easement or access be at
anyone's decision when it's not -- when it's -- when it has nothing to
do with that actual owner's piece of property. That's a prerequisite,
so...
I'm -- there's been a motion, Commissioner Saunders, to
continue for 30 days; is that what --
MR. YOVANOVICH: That's not really a realistic time frame.
CHAIRMAN McDANIEL: Two weeks?
MR. YOVANOVICH: I don't think you'll hammer it out in two
weeks.
COMMISSIONER SAUNDERS: Second meeting in March.
MR. CASALANGUIDA: Second meeting in March is fine.
MR. YOVANOVICH: Perfect.
February 26, 2019
Page 186
CHAIRMAN McDANIEL: That's about 30 days. Okay.
Second meeting in March. It's been motioned that we continue this to
the second meeting in March.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: It's been seconded.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
MR. YOVANOVICH: One for three.
CHAIRMAN McDANIEL: You're doing okay.
MR. YOVANOVICH: If I were a baseball player, Hall of
Fame.
CHAIRMAN McDANIEL: Before we go on here -- before we
go on here -- are we all set? Terri needs a break.
COMMISSIONER TAYLOR: Aren't we done?
CHAIRMAN McDANIEL: Are we done?
COMMISSIONER FIALA: By the time we all give our little
reports and everything --
COMMISSIONER SAUNDERS: Mr. Chairman, I'm going to
have to leave in about 10 minutes.
COMMISSIONER FIALA: No reason we can’t give her 10
minutes, eh?
CHAIRMAN McDANIEL: Can you hang?
MR. YOVANOVICH: We're done?
February 26, 2019
Page 187
CHAIRMAN McDANIEL: Yes, you are.
She was the one I was concerned about, not Commissioner Saunders.
Just so you know.
With that, let's move along, County Manager.
MR. OCHS: Yes, sir, Mr. Chairman.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: We go to staff and commission general
communications, Item 15. This is your reminder of your upcoming
workshops in March, April and June. The only other thing I have,
Commissioners, is earlier this morning we continued Item 11A.
That was the companion item to the resolution that was defeated
on the stormwater utility. So I'm wondering if we ought not just
withdraw that item, and we will discuss the Productivity Committee
recommendations as part of your budget guidance discussion at the
next meeting, if that's agreeable with the Board. There's no sense of
re-presenting that. Thank you.
COMMISSIONER FIALA: I'm sorry, Leo. Would you say that
one more time.
MR. OCHS: Yes, ma'am. One of the items that was continued
this morning was the companion item to the resolution that was
defeated on the stormwater utility non-ad valorem assessment, so the
companion item was going to be a staff recommendation to move
forward with the utility. It doesn't seem to make sense to continue
that item since the Board didn't move forward
with the first step of, essentially, a two-step process.
COMMISSIONER FIALA: Thank you.
February 26, 2019
Page 188
CHAIRMAN McDANIEL: Just one point of clarification on the
March 5th. Future land use, are we bringing in anyone from the
interactive model consultants to speak with us?
MR. OCHS: I don't think we're bringing any consultants in. We
are addressing the Interactive Growth Model as part of the staff
presentation on the history of the buildout, so --
CHAIRMAN McDANIEL: Why would we not bring in the
consultants on that model? Are we not prepared yet?
MR. OCHS: No. I think we're going to give you data that's
been generated through that model.
CHAIRMAN McDANIEL: Oh, okay. Very good.
MR. OCHS: Very good. That's all I have, sir.
CHAIRMAN McDANIEL: County Attorney?
MR. KLATZKOW: Nothing.
CHAIRMAN McDANIEL: And Derek from the Clerk's
Office's.
MR. JOHNSSEN: No, sir. Thank you for asking, though.
CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER SOLIS: Nothing for me.
CHAIRMAN McDANIEL: Commissioner Solis.
Commissioner Fiala.
COMMISSIONER FIALA: Yes, I have to -- A fast
congratulations to Charlette Roman for her appointment to the South
Florida Water Management District. She will be an asset to our
whole community. We all know that. Thank you very much,
Governor DeSantis.
The second thing is, I wanted to know -- and I'll probably ask a
little further behind the scenes, but I wanted to know what the
Benderson property, that skeleton building that everybody keeps
referring to constantly and they never do anything -- they put exactly
what's required, like two bricks a month or something like that, and I
February 26, 2019
Page 189
wonder how much longer we're going to be held hostage by them
before we force them to get something done.
It's -- and I'm going to now, and I'm asking -- I'm going to ask
the County Attorney to tell me if I'm barking up the wrong tree. I'm
going to suggest residents start writing letters to the editor and talking
about Benderson and the fact that they don't seem to care about the
whole community at all and, yet, we keep approving other things for
them, and they won't even finish that building, at least put a face on
it. And everybody asks about that. I'm sure that in other people's
town hall meetings they do, too, so that's another thing.
The third thing is everybody knows Del Ackerman; you know
Del's, right? Well, Del is -- Del is doing some rehab right now, and
he's not feeling very well, so I just want to say, Del, from all of us,
we all hope you do really great and get better soon. Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. Three things. First of all,
I have been working with County Attorney on the issue of how much
commercial buildings can be lit in colors that change on an hourly or
a daily basis.
And we have -- County Attorney brought forward something for
our consideration, our -- I just want to make sure that we're okay with
that, if everyone thinks it's timely.
COMMISSIONER SOLIS: Yes.
COMMISSIONER TAYLOR: And it's the lights that change on
buildings.
COMMISSIONER SAUNDERS: Sure.
COMMISSIONER TAYLOR: Inner or outer lights.
COMMISSIONER SOLIS: Inner or outer lights?
COMMISSIONER TAYLOR: Inner or outer lights.
COMMISSIONER SOLIS: This is a gray area we've gotten into
is whether it's outer lights -- it's actually the inner lights that are the
February 26, 2019
Page 190
issue, right?
COMMISSIONER TAYLOR: Yes.
COMMISSIONER FIALA: Really?
COMMISSIONER SOLIS: Oh, yeah. Just drive by Airport and
Pine Ridge Road.
COMMISSIONER TAYLOR: Pine Ridge Road, and you'll see
what we're talking about.
COMMISSIONER FIALA: Okay.
COMMISSIONER TAYLOR: Also, in the conversation -- if I
brought this up before, forgive me, but -- and I did, but not to this
degree, I don't think, but the Miccosukee -- did I bring this up before,
that I have -- that I was interested in their -- because the Everglades is
their home -- on their view on what is happening with the water,
especially with the Everglades.
CHAIRMAN McDANIEL: I think you did it in the MPO.
COMMISSIONER TAYLOR: Okay. So this is a question
whether -- I'd like to see if my commission would agree to maybe just
hear them on their views. I mean, they have scientists --
COMMISSIONER FIALA: The Miccosukees have a scientists?
COMMISSIONER TAYLOR: Yeah, they have scientists that
their data is being collected by the federal government about the
Everglades. There's no question. They're long-time residents, and
they've been doing this for a while. So it just might add to the flavor,
if there's an agreement.
CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER SAUNDERS: Sure.
COMMISSIONER TAYLOR: Okay. And then, finally -- and
this is kind of light and fluffy. It wasn't when Irma came because,
through the Taiwanese Embassy and Consulate General in Miami, we
became connected to the Tzu Chi Foundation that gave this
community almost a half a million dollars in relief.
February 26, 2019
Page 191
From that relationship, they have requested that Collier County be
considered a sister city to a province in Taiwan.
CHAIRMAN McDANIEL: How nice.
COMMISSIONER TAYLOR: And I have the -- have the
analysis of this province and gave it to the County Manager, and the
assessment from the County Manager's Office is this sounds like it
would work, but we need to bring in the Chamber of Commerce.
There's other areas that we could bring in to complement this. And
so if this is in agreement with everyone, I'd like to see if you would
agree to have the County Manager pursue this sister-city concept
further. And as they said to me when they gave it to me, I said, well,
what does this mean? He said, well, we would get you both together.
And he said, okay. And I said, well, how would that happen? He
said, well, all of you could fly over to Taiwan and do it there.
COMMISSIONER FIALA: Been there; done that.
COMMISSIONER TAYLOR: Have you really?
COMMISSIONER FIALA: Sure.
COMMISSIONER TAYLOR: It's quite a --
COMMISSIONER FIALA: Oh, it's a long trip.
COMMISSIONER TAYLOR: But it's quite a country from
what --
COMMISSIONER FIALA: Oh, yeah.
COMMISSIONER TAYLOR: So it's just something that I
thought would be reciprocity and be very interesting for us to pursue,
so if that's -- if everyone's in agreement. You got your okay, sir.
MR. OCHS: Thank you. I'll be able to put some staff on it now,
thanks.
With regard to the Miccosukee issue, Commissioners, you -- at
the last meeting you had reached consensus on inviting in the
speakers that I think Commissioner McDaniel and Commissioner
Taylor had heard from the education and research --
February 26, 2019
Page 192
CHAIRMAN McDANIEL: And we have reached out to them,
and Sue's coordinating it.
MR. OCHS: Right. So it would seem logical to try to
coordinate this visit at the same time or this presentation.
CHAIRMAN McDANIEL: With regard to the Miccosukees?
MR. OCHS: Yeah, since it's all water related.
CHAIRMAN McDANIEL: It's all a matter who's downstream.
MR. OCHS: That's what I'll do. Thank you.
CHAIRMAN McDANIEL: That's a great idea. I was thinking
about that.
Commissioner Saunders -- you had three. You did two.
COMMISSIONER TAYLOR: No, that's it. I did the three.
CHAIRMAN McDANIEL: Okay. Commissioner Saunders.
COMMISSIONER SAUNDERS: I have a beach-access issue.
If you could put that first picture up there with all the crowded
beach, the first one in your right hand, that one that shows how
crowded the beach is. And then -- okay, the one on your right --
okay. I just want everybody to see how crowded the beach is. This
is near Vanderbilt, and then if you'll take the big -- that photo there
and stick that up there, then I can explain what I'm trying to do.
Apparently a couple weeks ago one of our constituents went out
to Vanderbilt Beach, got a parking spot with no trouble at the parking
garage, went down to the beach. The beach was incredibly crowde d,
and it was that picture that I just showed you that had an extremely
crowded beach. And so, they wanted to move south, so they walked
south. They got to a place where there were cones lining on the
beach, and somebody from one of the hotels or from the
condominium association came out and said, you cannot walk across
this beach.
And they had the cones there, and they said, you can set your
February 26, 2019
Page 193
chairs up in the wet sand, but you can't come anywhere near the dry
sand. So, I asked our staff to give me an aerial that shows where the
erosion control line is. And the erosion control line is that red line in
the middle here. If you could point to that. And you'll notice that the
hotel operators had their stuff seaward of the erosion control line, and
this is where they were not letting people come out on the beach.
COMMISSIONER TAYLOR: Oh.
COMMISSIONER SAUNDERS: And my recollection is that
seaward of the erosion control line is public, and they have no right to
keep people from putting their blankets and things on the seaward
portion seaward of the erosion control line.
So I wanted to bring this to the attention of the Commission. I
think we need to have a discussion. I think we need to advise the
private owners, the hotel operators, that we're not going to permit
them to block off the beach like that.
And this is the first time I've had photographic evidence of that
being a problem. And the person that gave it to me didn't really come
to me to talk about the beaches. There was another topic. And after
we finished the topic, he said, you know, I had a problem with my
family at the beach. And I said, well, if I had some photographs, that
would be kind of nice, so he provided these photographs.
CHAIRMAN McDANIEL: If I might make a point here, and
this is all coming -- you know, I think we're going to be -- hopefully
going to be able to get to this at some stage of the process. And this
has to do with who owns what when you go onto the beach. And
Senator Passidomo's legislation last year put -- I think, put us in a
very precarious position because of the delineation of the high-water
mark and the yellow line, the red line, and the wet sand.
I've actually seen videos where sheriffs have been moving
people off of the beach because they're set up in areas that are not wet
sand. And the sheriff has interpreted -- or the police officer, the
February 26, 2019
Page 194
enforcement officer that's been brought up has been -- has been
brought in to remove people where those cabanas and things that are
set that is, per our understanding -- we all know where that erosion
control line is, necessarily.
COMMISSIONER FIALA: Not all of us.
CHAIRMAN McDANIEL: Well, nobody does. I mean, and
my friends from Pennsylvania that walk out onto our beach -- there's
two lines when you get onto the beach. One's the vegetation line,
that's quite visible, and then one's where the water is. And after that,
then there's this erosion control line, and we're going to have a
discussion some stage, as we have in the past, about expenditure of
public funds on private property when we're talking about beach
renourishment.
I think we'll be able to get a delineation as to where those lines
are and where they are not.
MR. KLATZKOW: You have a customary beach ordinance for
this beach.
COMMISSIONER SAUNDERS: And this really isn't even the
customary beach issue. This is seaward of the erosion control line
issue. So I'd like to just have this added to the agenda, and let's -- I'll
get those folks to come in and talk about how they were not able to
go on the dry sand seaward of the erosion control line, and then we
need to educate the hotel operators and folks that -- where the public
is permitted and make sure this doesn't happen -- because it's just
going to get worse. It's not going to get better.
COMMISSIONER FIALA: I think it's a good idea, because
that's our greatest asset for tourism, and that brings in a lot of money
to keep everybody else's property taxes down, right?
COMMISSIONER SAUNDERS: So with your permission, I’ll
bring back an agenda item second meeting in March, first meeting in
February 26, 2019
Page 195
April with some folks to talk about their experience and then what we
might be able to do to make sure these things don't continue to
happen.
CHAIRMAN McDANIEL: I like it. I think it's a great idea.
You're getting -- there's a lot of head nods here.
Anything else, Commissioner Saunders?
COMMISSIONER SAUNDERS: No, that was all I had.
CHAIRMAN McDANIEL: Okay. I only have one thing, and
that's to Mr. Casalanguida. I would like an update on the stadium and
its cost, the TPC, total project cost, where we're at, where we're
going, what we're going to be when we grow up.
MR. CASALANGUIDA: Sure. Just construction costs, sir,
right?
CHAIRMAN McDANIEL: Yes.
MR. CASALANGUIDA: Okay.
CHAIRMAN McDANIEL: Well, we already got the land cost,
so...
MR. CASALANGUIDA: By memorandum?
CHAIRMAN McDANIEL: Or at our next meeting, first
meeting in March is fine.
And other than that, I have nothing else. Until we meet again,
we are adjourned.
*****
**** Commissioner Fiala moved, seconded by Commissioner Taylor
and carried that the following items under the Consent and Summary
Agendas be approved and/or adopted****
Item #16A1
February 26, 2019
Page 196
AWARD CONTRACT NUMBER 18-7448, FOR “VERIFICATION
TESTING FOR GOLDEN GATE BOULEVARD DESIGN-BUILD
PHASE II” TO JOHNSON ENGINEERING INC., IN THE
AMOUNT OF $296,168, AND AUTHORIZE THE CHAIR TO
EXECUTE THE ATTACHED AGREEMENT (PROJECT #60145) –
TESTING WILL INCLUDE DENSITY, MATERIAL SAMPLING,
CONCRETE TESTING AND MISCELLANEOUS SUPPORT
SERVICES AS REQUESTED
Item #16A2
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR GREYHAWK AT GOLF CLUB OF THE EVERGLADES
PHASE 2A, PL20170001524 AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT – THE FINAL INSPECTION WAS
CONDUCTED ON JANUARY 10, 2019, AND FOUND THE
FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
Item #16A3
RESOLUTION 2019-26: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF VERONA POINTE ESTATES,
APPLICATION NUMBER PL20150001537 WITH THE
ROADWAY AND DRAINAGE IMPROVEMENTS BEING
PRIVATELY MAINTAINED; ACCEPTANCE OF THE PLAT
February 26, 2019
Page 197
DEDICATIONS, AND AUTHORIZING THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A4
RESOLUTION 2019-27: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE ROADWAY AND DRAINAGE
IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT
DEDICATIONS, FOR THE FINAL PLAT OF FAITH LANDING
PHASE THREE, APPLICATION NUMBER PL20140000050, AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A5
RECORDING THE FINAL PLAT OF MAPLE RIDGE AT AVE
MARIA, PHASE 6B, (APPLICATION NUMBER PL20180001175)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY –
W/STIPULATIONS
Item #16A6
RESOLUTION 2018-28: A SUPPLEMENTAL AGREEMENT
THAT AMENDS FDOT LAP AGREEMENT 436971-1-98-01 BY
PROVIDING AN ADDITIONAL $113,469 IN FUNDING TO
COLLIER COUNTY FOR TRAFFIC COUNT EQUIPMENT
PURCHASES, A RESOLUTION IN SUPPORT OF THE LAP
AGREEMENT, AND THAT THE BOARD AUTHORIZE A
PURCHASE OF WAVETRONIX TRAFFIC COUNT EQUIPMENT
February 26, 2019
Page 198
INCLUDING REPAIRS AND UPGRADES BY THE
MANUFACTURER, AS SUPPORTED BY THE PROPRIETARY
PRODUCT CERTIFICATION FDOT OBTAINED UNDER THE
LAP AGREEMENT THROUGH FISCAL YEAR 2023, AND TO
ACCEPT THE TIME EXTENSION GRANTED BY FDOT FOR
THE LAP AGREEMENT THROUGH OCTOBER 1, 2019 AND
AUTHORIZE THE BUDGET AMENDMENT
Item #16A7
AN AGREEMENT FOR THE PURCHASE OF LAND (PARCEL
1221POND) REQUIRED FOR THE VANDERBILT BEACH
ROAD EXTENSION (PROJECT #60168) (ESTIMATED FISCAL
IMPACT: $81,500) – FOLIO #37444880008
Item #16A8
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $44,172 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.161,
PL20170003239 FOR WORK ASSOCIATED WITH LOGAN
LANDINGS – THE LAKE HAS BEEN INSPECTED AND THE
CROSS SECTIONS HAVE BEEN RECEIVED
Item #16A9
AN AFTER-THE-FACT APPROVAL FOR AMENDMENT NO.1
TO EMERGENCY WATERSHED PROTECTION PROGRAM
AGREEMENT #NR184209XXXXC028, BETWEEN COLLIER
COUNTY AND THE US DEPARTMENT OF AGRICULTURE,
NATURAL RESOURCES CONSERVATION SERVICES
February 26, 2019
Page 199
INCREASING TOTAL FUNDING TO ADDRESS STORM
RELATED DEBRIS IN COLLIER COUNTY WATERWAYS AND
TO MAINTAIN AN APPROPRIATE CONVEYANCE SYSTEM
FOR AN ADEQUATE FLOOD PROTECTION LEVEL OF
SERVICE (LOS); AND AUTHORIZE ANY NECESSARY
BUDGET AMENDMENTS – WITH THE ADDITIONAL 25%
($808,993.75) COST-SHARE FROM THE AD VALOREM TAXES
AVAILABLE WITHIN THE STORMWATER CAPITAL FUND
Item #16A10
WAIVING THE BOAT DOCK EXTENSION APPLICATION FEES
FOR PL20180003485 AND APPLICABLE BUILDING PERMIT
FEES TO REMOVE AND REPLACE AN EXISTING BOAT
DOCK LOCATED AT 3266 LAKEVIEW DRIVE, NAPLES, FL
34112 – WHICH WAS BUILT PARALLEL THAT WOULD
BLOCK THE ADJACENT PROPERTY FROM A PROPOSED
BOAT DOCK
Item #16A11 – Moved to Item #11E (Per Agenda Change Sheet)
Item #16B1 – Moved to Item #14B1 (Per Agenda Change Sheet)
Item #16C1
AWARD SOLICITATION #18-7487, “COLLECTION AND
RECYCLING OF LATEX PAINT,” TO CLARK
ENVIRONMENTAL, INC. – FOR PAINT COLLECTED AT THE
COUNTY’S HAZARDOUS MATERIAL COLLECTION AND
RECYCLING DROP-OFF CENTERS
February 26, 2019
Page 200
Item #16C2
THE TERMINATION AND RELEASE OF TEMPORARY
CONSTRUCTION EASEMENTS ACQUIRED FOR THE WATER
FACILITIES CONSTRUCTION IN THE CASE ENTITLED
COLLIER COUNTY V. LORD’S WAY REALTY LLC – THE
TCE’S FAILED TO PROVIDE AN EXPLICIT TERMINATION
DATE AND ENCUMBERS THE TITLE
Item #16D1
A BUDGET AMENDMENT RECOGNIZING $36,971.43 IN
PROGRAM INCOME AND RECAPTURED FUNDS RECEIVED
UNDER THE HOME INVESTMENT PARTNERSHIP PROGRAM
(HOME) – TO BE USED ON ELIGIBLE EXPENSES THAT
INCLUDE ADMINISTRATION ACTIVITIES
Item #16D2
THIS ITEM WAS CONTINUED FROM THE JANUARY 22, 2019
BCC MEETING. AWARD SIX (6) AGREEMENTS FOR
REQUEST FOR QUALIFICATIONS (RFQ) #18-7459 “EXOTIC
VEGETATION REMOVAL” TO MULTIPLE VENDORS AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE
AGREEMENTS – EARTH TECH ENVIRONMENTAL, LLC;
EARTHBALANCE CORPORATION; ENVIRONMENTAL
RESTORATION CONSULTANTS, INC.; DEANGELO
BROTHERS, LLC D/B/A AQUAGENIX; PENINSULA
INPROVEMENT CORPORATION D/B/A COLLIER
ENVIRONMENTAL SERVICES AND A+ ENVIRONMENTAL
RESTORATION, LLC
February 26, 2019
Page 201
Item #16D3
RESOLUTION 2019-29: A RESOLUTION TO IMPLEMENT A
CO-PAYMENT WAIVER PROCEDURE FOR SENIORS WHO
ARE ENROLLED IN THE COMMUNITY CARE FOR THE
ELDERLY AND ALZHEIMER’S DISEASE INITIATIVE STATE
GRANTS ADMINISTERED BY THE COMMUNITY AND
HUMAN SERVICES DIVISION (CHS)
Item #16D4
THE CHAIRMAN TO SIGN THE FIRST AMENDMENT TO THE
EMERGENCY SOLUTIONS GRANT (ESG) SUBRECIPIENT
AGREEMENTS WITH NAMI COLLIER COUNTY AND
COLLIER COUNTY HUNGER AND HOMELESS COALITION,
INC., AND THE FIRST AMENDMENT TO THE HOME
SUBRECIPIENT AGREEMENT WITH OAK MARSH, LLC AND
EXECUTE A LETTER OF COMMITMENT FOR A SPECIFIC
HOME ASSISTED PROJECT (THIS ITEM HAS NO NEW
FISCAL IMPACT) – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16D5
THIS ITEM WAS CONTINUED FROM THE FEBRUARY 12,
2019 BCC MEETING. SUBSCRIPTION TO HOOPLA
STREAMING SERVICE FROM MIDWEST TAPE, LLC
(MIDWEST TAPE) FOR LIBRARY PATRON USE IN AN
AMOUNT NOT TO EXCEED $200,000 PER FISCAL YEAR, AS
BUDGETED, THROUGH FY2021
February 26, 2019
Page 202
Item #16D6
THIS ITEM WAS CONTINUED FROM THE FEBRUARY 12,
2019 BCC MEETING. SUBSCRIPTIONS TO FLIPSTER,
DISCOVERY SERVICE, NOVELIST PLUS, AND NOVELIST
SELECT, PROPRIETARY SOFTWARE OFFERED THROUGH
EBSCO INDUSTRIES, INC. (EBSCO), FOR LIBRARY PATRON
USE IN AN AMOUNT NOT TO EXCEED $150,000 PER FISCAL
YEAR, AS BUDGETED, THROUGH FY2021
Item #16E1
RENEW THE ANNUAL CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR A CLASS 1 AND
CLASS 2 ADVANCED LIFE SUPPORT (ALS) RESCUE AND
INTRA-FACILITY AMBULANCE TRANSPORT FOR THE
SEMINOLE TRIBE OF FLORIDA FIRE RESCUE WITHIN THE
BOUNDARY OF THE SEMINOLE TRIBE IN IMMOKALEE –
FOR ONE YEAR AND WILL EXPIRE ON APRIL 28, 2020
Item #16E2
AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS,
DUTIES AND BENEFITS, AND OBLIGATIONS TO GE DIGITAL
LLC UNDER AGREEMENT #17-7189 FOR SOFTWARE
LICENSING AND SUPPORT SERVICES OF PUBLIC UTILITIES
DIVISION’S SUPERVISORY CONTROL AND DATA
ACQUISITION (SCADA) SYSTEMS – STAFF WAS NOTIFIED
OF THE TRANSITION ON DECEMBER 11, 2018
February 26, 2019
Page 203
Item #16E3
THE ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL – FOR CONTRACTS #15-7457, #18-7438
AND #18-7317, W/AFTER-THE-FACT CHANGE ORDERS FOR
CONTRACTS #18-7325, #16-6663, #18-7289, AND ONE
AGREEMENT FOR REPAIRS TO CAT TRANSIT BUSES
Item #16E4
EXPENDITURES FOR LEGAL AND NON-LEGAL
ADVERTISEMENTS AS EXEMPTED PROCUREMENTS AND
AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT –
FOR PUBLIC SERVICE ADVERTISEMETS, BROADCAST
INFORMATION TO THE PUBLIC FOR COUNTY BUSINESS,
PROGRAMS AND INITIATIVES
Item #16E5
A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR A CLASS 2 NON-EMERGENCY INTER-
FACILITY AMBULANCE TRANSPORTS TO JUST LIKE
FAMILY CONCIERGE MEDICAL TRANSPORT SERVICES,
LLC (D.B.A. CONCIERGE MEDICAL TRANSPORT) TO ALLOW
POST-HOSPITAL INTER- FACILITY MEDICAL AMBULANCE
TRANSFER AMBULANCE SERVICES – WITH THE COPCN TO
EXPIRE ON MARCH 7, 2020
Item #16F1
February 26, 2019
Page 204
THE YEAR TWO “PRINTING OF VISITOR GUIDES” FOR THE
TOURISM DIVISION UNDER THE ITB #18-7247 AWARD TO
PUBLICATION PRINTERS CORPORATION TO PRINT 75,000
COPIES OF THE 2019 COLLIER COUNTY VISITOR GUIDES
FOR A NOT TO EXCEED AMOUNT OF $33,183.40 AND MAKE
A FINDING THAT THIS ACTION PROMOTES TOURISM
Item #16F2
NEW INTERLOCAL AGREEMENT WITH THE CITY OF
NAPLES FOR OFFICE SPACE IN THE NORRIS CENTER TO
HOUSE THE COLLIER COUNTY FILM OFFICE STAFF,
AUTHORIZE THE CHAIR TO SIGN THE COUNTY ATTORNEY
APPROVED AGREEMENT, AUTHORIZE ALL REQUIRED
EXPENDITURES FOR THIS PURPOSE, AND MAKE A FINDING
THAT THIS ITEM PROMOTES TOURISM – W/THE
FOLLOWING RENT RATES PER MONTH: FROM $650 TO $750
FOR FEBRUARY 21, 2019 THRU SEPTEMBER 30, 2019; $775
FROM OCTOBER 1, 2019 THRU SEPTEMBER 30, 2020; $800
FROM OCTOBER 1, 2020 THRU SEPTEMBER 30, 2021; $825
FROM OCTOBER 1, 2021 THRU SEPTEMBER 30, 2022; $850
FROM OCTOBER 1, 2022 THRU SEPTEMBER 30, 2023 AND
$900 FROM OCTOBER 1, 2023 THRU FEBRUARY 20, 2024
Item #16F3
AWARD FOUR (4) AGREEMENTS FOR REQUEST FOR
QUALIFICATION (RFQ) #18-7412 “VIDEO CAPTURE AND
PRODUCTION” TO: PARADISE COAST TV, LLC,
SOUNDSTYLE INC. DBA THE NAPLES STUDIO, CONTENDER
February 26, 2019
Page 205
PRODUCTIONS STUDIOS, INC., AND FULL MOON
CREATIVE, LLC, AUTHORIZE THE CHAIRMAN TO EXECUTE
THE AGREEMENTS WITH AWARDED CONTRACTORS, AND
MAKE A FINDING THAT THESE EXPENDITURES PROMOTE
TOURISM
Item #16F4
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY –
FOR BUDGET AMENDMENT FROM THE COLLIER COUNTY
AIRPORT AUTHORITY FUND BA #19-248 FOR RUNWAY AND
TAXIWAY MARKING AT THE IMMOKALEE REGIONAL
AIRPORT AND THE HALDEMAN CREEK MSTU FUND BA#19-
260 FOR DETERMINING THE DEGREE OF SILTING POST
HURRICANE IRMA
Item #16F5
RESOLUTION 2019-30: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2018-19 ADOPTED BUDGET
Item #16G1
THE BOARD OF COUNTY COMMISSIONERS, ACTING AS
THE COLLIER COUNTY AIRPORT AUTHORITY, APPROVE
AND AUTHORIZE THE AIRPORT MANAGER TO EXECUTE
THE REVISED ATTACHED STANDARD TIE-DOWN
February 26, 2019
Page 206
AGREEMENT FOR THE EVERGLADES AIRPARK,
IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND
EXECUTIVE AIRPORT – FOR PROSPECTIVE TENANTS IN
ACCORDANCE WITH THE AIRPORT AUTHORITY’S LEASE
POLICY AND THE BCC APPROVED RATES AND CHARGES
Item #16I1
MISCELLANEOUS CORRESPONDENCE – ITEMS TO FILE FOR
THE RECORD
February 26, 2019
Page 207
Item #16J1
DETERMINE VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
FEBRUARY 20, 2019
Item #16J2
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN JANUARY 31, 2019 AND
FEBRUARY 13, 2019 PURSUANT TO FLORIDA STATUTE
136.06
Item #16K1
RESOLUTION 2019-31: A RESOLUTION SETTING THE PLACE
AND TIME FOR THE CLERK, WITH THE ASSISTANCE OF
THE COUNTY ATTORNEY’S OFFICE, TO OPEN AND COUNT
THE MAIL BALLOTS OF THE NOMINEES TO FILL THE
VACANCIES ON THE PELICAN BAY SERVICES DIVISION
BOARD
Item #16K2
RESOLUTION 2019-32: APPOINTING ONE MEMBER TO THE
IMMOKALEE BEAUTIFICATION MSTU ADVISORY
COMMITTEE – APPOINTING PETER JOHNSON WITH TERM
EXPIRING ON SEPTEMBER 23, 2022
February 26, 2019
Page 208
Item #16K3
RESOLUTION 2019-33: RE-APPOINT A MEMBER TO THE
COLLIER COUNTY CODE ENFORCEMENT BOARD, AND
RECLASSIFY AN ALTERNATE MEMBER AS A REGULAR
MEMBER – RE-APPOINTING KATHLEEN ELROD WITH TERM
EXPIRING ON FEBRUARY 14, 2022, AND THAT RYAN WHITE
BE RECLASSIFIED FROM ALTERNATE TO REGULAR
MEMBER WITH TERM EXPIRING ON FEBRUARY 14, 2021
Item #16K4 – Moved to Item #12A (Per Agenda Change Sheet)
Item #17A
RESOLUTION 2019-34: PETITION VAC-PL20180001954, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF THE 40-FOOT
DRAINAGE EASEMENT, AS DESCRIBED IN BOOK 1065,
PAGE 582 OF THE OFFICIAL RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN THE REAR YARD OF LOT
35, QUEENS PARK AT LAGO VERDE PHASE 2 SUBDIVISION,
ON THE SOUTH SIDE OF KENT DRIVE, APPROXIMATELY
ONE-HALF MILE NORTH OF RATTLESNAKE HAMMOCK
ROAD, IN SECTION 18, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA
Item #17B
RESOLUTION 2019-35: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
February 26, 2019
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2018-19 ADOPTED BUDGET
Item #17C — Moved to Item #9C (Per Agenda Change Sheet)
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:36 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL D.A TS UNDER ITS CONTROL
(e)-or.
WILL /• L. McDANIE , JR., CHAIRMAN
ATTEST
CRYSTAL K 'KINZEL, CLERK
ti
test as to Chairman's,-
sign t
barman's-s gnat ire only.
r
These minutes approved by the Board on0,arcti 26 j 21q ,
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 209