Agenda 04/09/2019 Item #2C04/09/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 2.C
Item Summary: March 12, 2019 BCC Meeting Minutes
Meeting Date: 04/09/2019
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
03/27/2019 1:43 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/27/2019 1:43 PM
Approved By:
Review:
County Manager's Office MaryJo Brock County Manager Review Completed 03/27/2019 1:44 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/09/2019 9:00 AM
2.C
Packet Pg. 11
March 12, 2019
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 12, 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
March 12, 2019
Page 2
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN McDANIEL: Good morning, everyone.
Commissioner Solis rolls in right on time. We'll give him a moment
to establish his whereabouts.
And if you will please rise. And we're going to have the
invocation by Beverly Duncan of Naples United Church of Christ.
Item #1A
INVOCATION BEVERLY DUNCAN OF NAPLES UNITED
CHURCH OF CHRIST – INVOCATION GIVEN
REVEREND DUNCAN: Good morning. Let us pray.
Holy spirit of love, thank you for this day. Be with these
commissioners and participants today. The burdens of leadership and
decision-making can be made that much lighter with hearts and
minds of generosity. Surround them and lift them, for their work is
your work, and it matters to so many.
As everyone here proceeds into this meeting, may they do so
honoring those who have come before them and those who will come
after.
With thankfulness, we pray that it may be so. Amen.
CHAIRMAN McDANIEL: Commissioner Taylor, will you lead
us today?
COMMISSIONER TAYLOR: I would be honored.
(The Pledge of Allegiance was recited in unison.)
MR. OCHS: Good morning, Mr. Chairman and Commissioners.
CHAIRMAN McDANIEL: Good morning.
MR. OCHS: These are the proposed changes for the Board of
County Commissioners' meeting of March 12, 2019.
March 12, 2019
Page 3
Item #1B
MOTION ALLOWING COMMISSIONER SAUNDERS TO
PARTICIPATE TELEPHONICALLY DUE TO EXTENUATING
CIRCUMSTANCES – APPROVED
CHAIRMAN McDANIEL: Before we go on there, do we want
to acknowledge Commissioner Saunders, who's on the phone? Do
we want to -- I think we have to have a vote on that.
MR. OCHS: Yes, you do, Mr. Chairman. You need a motion
for Commissioner Saunders to join the meeting by telephone --
CHAIRMAN McDANIEL: I assume he's close.
MR. OCHS: -- due to extenuating circumstances, yes.
COMMISSIONER FIALA: Is he on there?
MR. OCHS: Yes.
CHAIRMAN McDANIEL: If he isn't, he will be. I was
informed by David that he's got the number and all that, so I'll
entertain a motion if it's our desire.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER FIALA: Yeah, and second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we allow Commissioner Saunders, or permit Commissioner Saunders
to participate by phone today.
All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: (No response.)
CHAIRMAN McDANIEL: Opposed same sign, same
sound.
March 12, 2019
Page 4
(No response.)
CHAIRMAN McDANIEL: So moved.
And if you're here, Commissioner Saunders, good morning.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman,
Commissioners. Can you hear me okay?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: Good morning.
CHAIRMAN McDANIEL: Good morning.
COMMISSIONER SAUNDERS: Great. Thank you. Thank
you.
CHAIRMAN McDANIEL: Okay. Now we go into the agenda,
and –
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) – APPROVED AND/OR ADOPTED
W/CHANGES (COMMISSIONER SOLIS ABSTAINED FROM
VOTING ON THE ITEM #16A6)
MR. OCHS: Thank you, Mr. Chairman.
The first proposed change is to withdraw Item 16A19 from your
consent agenda at the staff's request. This was a lease for a meeting
location. That meeting date and location has been revised, so there's
no need to move forward on this particular item this morning.
And we have a series of time-certain hearings for today's
meeting.
The first item to be heard at 9:30 a.m. is Item 11A. That's your
March 12, 2019
Page 5
2020 budget policy discussion. That item will be heard -- excuse
me -- Item 11B will be heard, then, immediately following Item 11A.
This is a discussion on your Northeast Service Area Waste
Wastewater Treatment Plant project.
Item 9A, which is a related item to 11B, will then be heard
immediately following 11B.
And, finally, 11C, a discussion of your fire assembly base
charge rate will be heard at 10:40 a.m.
Those are all the changes I have, Mr. Chairman.
CHAIRMAN McDANIEL: That's a rather constrained
time-certain agenda. We're going to see how good you are this
morning.
MR. OCHS: Yes, sir. Only as good as my commission.
COMMISSIONER FIALA: Oh, good one.
COMMISSIONER TAYLOR: Well done. That was very good.
CHAIRMAN McDANIEL: And so with that, Commissioner
Saunders, we'll go to you first for any adjustments and/or ex parte to
the agenda.
COMMISSIONER SAUNDERS: Yeah, no ex parte and no
changes to the agenda.
CHAIRMAN McDANIEL: Outstanding, thank you.
Commissioner Solis.
COMMISSIONER SOLIS: No ex-parte, although I do have a
conflict on 16A6. The final plat approval for La Morada, and I won't
be voting on that on the consent agenda.
COMMISSIONER FIALA: No additions, no corrections,
and no ex parte.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: No ex parte, and just a note on --
I just had it here. Right here, on 16B3, I support the termination of
this lease, but I would like to have a discussion, County Manager --
March 12, 2019
Page 6
CHAIRMAN McDANIEL: Before we go there, I've got an idea
on that. There is a public speaker with regard to that, and my
thoughts were that we -- because I actually have a note on it as well.
I support the pulling of it, and I have some suggestions. And I would
like to entertain us moving it up and having a brief discussion during
our regular meeting.
COMMISSIONER TAYLOR: That's fine.
CHAIRMAN McDANIEL: If that's okay.
COMMISSIONER TAYLOR: That's fine, yes.
MR. MILLER: Mr. Chairman, just FYI. I now have two
speakers on that item as well.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: All right. So then no ex parte
and no changes to the agenda, no additions. Thank you.
COMMISSIONER FIALA: What agenda number was that? I'm
sorry.
CHAIRMAN McDANIEL: 16B3.
MR. OCHS: Mr. Chairman, that will become Item 11 -- excuse
me. That will become Item 14A under your Community
Redevelopment Agency.
CHAIRMAN McDANIEL: Very good. And with that, other
than that adjustment --
MR. OCHS: I'm sorry. I have to correct myself. It's 14B. I
stand corrected.
CHAIRMAN McDANIEL: Okay. 14B, correct?
MR. OCHS: Yes.
CHAIRMAN McDANIEL: 14B?
MR. OCHS: Yes.
CHAIRMAN McDANIEL: And with that, I have no ex parte
nor any other adjustments to the agenda. So I'll call for a motion of
the approval of today's agenda.
March 12, 2019
Page 7
COMMISSIONER FIALA: Motion to approve the agenda.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve today's agenda.
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: There we are. There must be a little
bit of a time delay for the sound to get over there.
COMMISSIONER SAUNDERS: Yeah. I said aye.
March 12, 2019
Page 8
Item #2B
MINUTES FROM THE FEBRUARY 12, 2019 BCC/REGULAR
MEETING – APPROVED AS PRESENTED
CHAIRMAN McDANIEL: Let's go on with our approval of the
minutes, 2B.
COMMISSIONER TAYLOR: So move.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the minutes from February 12th. Any 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. So there you go.
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING MARCH 12, 2019 AS
GENTLE'MEN AGAINST DOMESTIC VIOLENCE DAY IN
March 12, 2019
Page 9
COLLIER COUNTY. ACCEPTED BY LINDA OBERHAUS,
COLIN ESTREM, JOHN JORDAN, AND BOB CAHNERS –
ADOPTED
MR. OCHS: Mr. Chairman, that moves us to your
proclamations this morning.
First item is 4A. This is a proclamation designating March 12,
2019, as Gentle'men Against Domestic Violence Day in Collier
County. To be accepted by Colin Estrem, John Jordan, and Bob
Cahners. If you'd please step forward and receive your proclamation.
(Applause.)
MR. OCHS: Step forward and greet the Commission.
COMMISSIONER TAYLOR: I'm sure it's coming.
CHAIRMAN McDANIEL: I wasn't wearing green today. I'm
wearing purple.
COMMISSIONER FIALA: Good one.
CHAIRMAN McDANIEL: It was quite interesting that we did
this. Who's the recipient of the proclamation? Outstanding.
(Applause.)
MR. ESTREM: My name is Collin Estrem, and I serve as the
current chair of Gentle'Men Against Domestic Violence, an initiative
of the Shelter for Abused Women and Children. And we would like
to thank the Commission for recognizing the significance of
Gentle'Men Against Domestic Violence Day.
In 2017 there were nearly 1,800 domestic violence calls to 911
in Collier County. That's 200 more than the previous year. These
calls represent nearly every neighborhood in our community.
In 2008 a group of like-minded men founded the GAVD calling
on men to stand as equal partners with women to end domestic
violence and human trafficking in Collier County and beyond.
March 12, 2019
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Our goal is to empower men to end all forms of violence against
women by educating ourselves and the community, raising awareness
and creating social change. We call on men to examine and
challenge their own thoughts about gender and be a role model of
gentleness.
If you are a parent or guardian, educate and reeducate your sons
and other young men about our responsibility in ending domestic
violence. Challenge traditional images of manhood that stop us in
future generations from actively taking a stand to end domestic
violence -- violence against women and girls.
On this day and every day we call on men to stand with us and
recognize that violence against women is not the responsibility of
women. And the violence will not end until men become a part of
the solution to end it.
Men must take an active role in creating cultural -- a cultural and
social shift that promotes equality and no longer tolerates violence
based on gender.
And I'd like to give a special thank you to the men on the
Commission: Chairman McDaniel, Commissioner Solis,
Commissioner Saunders, and Sheriff -- also Sheriff Rambosk for
supporting our 250 Men and More Campaign. I was personally
overwhelmed by the support we got from Collier County, and I'm
proud to be a part of this community. Thank you.
(Applause.)
CHAIRMAN McDANIEL: Thank you.
COMMISSIONER FIALA: Did you notice that the Sheriff has
on a purple tie today?
(Applause.)
CHAIRMAN McDANIEL: And so does Nick. Did you do that
on purpose, or are you just wearing a pretty tie? Yes.
March 12, 2019
Page 11
COMMISSIONER FIALA: Oh, I didn't even notice that. Is
Linda still here?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: Do you want to speak briefly,
Linda, about our new shelter for a moment?
MS. OBERHAUS: Sure.
CHAIRMAN McDANIEL: If you just would indulge, please.
There's something pretty exciting going on that a lot of folks
probably don't know about.
MS. OBERHAUS: For the record, Linda Oberhaus, CEO,
Shelter for Abused Women and Children.
We are going to be breaking ground this season on a
21,000-square-foot shelter in Immokalee to serve both victims of
domestic violence and human trafficking.
(Applause.)
MS. OBERHAUS: So it will be a 64-bed shelter. It's going to
take about a year to build. We're still in the middle of a capital
campaign. So anyone in the community interested in joining us to
helping -- help support that capital campaign, we'll certainly
appreciate it. Thank you.
CHAIRMAN McDANIEL: Thank you so much, Ms. Linda.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING MARCH 16, 2019 AS SAVE
THE FLORIDA PANTHER DAY IN COLLIER COUNTY.
ACCEPTED BY AMBER CROOKS AND JOSEPH ACAMPORA –
ADOPTED
March 12, 2019
Page 12
MR. OCHS: Item 4B is a proclamation designating March 16th,
2019, as Save the Florida Panther Day in Collier County. To be
accepted by Amber Crooks and Joseph Acampora. If you'd please
step forward.
(Applause.)
COMMISSIONER McDANIEL: Good morning. My name is
Amber Crooks, and today I'm here on behalf of the Friends of the
Florida Panther Refuge. And I want to thank you for recognizing
Save the Florida Panther Day.
The State of Florida as well as the county has recognized the
third Saturday in March to highlight this species as part of our Florida
ecosystem and as our state's official mammal. The Florida Panther is
an umbrella species, and so by protecting the Florida Panther, we are
also protecting many other species as well as lands important to
humans.
This day is celebrated at the Florida Panther National Wildlife
Refuge here in Collier County which is located at State Road 29 and
I-75 with an open house on Saturday, March 16th, from 10 a.m. to
2 p.m., followed by an evening barbecue hosted by the Friends of the
Florida Panther Refuge from 3 to 6. Open house will host free events
from orchid wet walks to swamp buggy tours and other educational
opportunities and activities in Florida Panther Habitat, including
areas that are not normally accessible by the public.
So thank you for recognizing Save the Florida Panther Day, and
we hope to see everybody out at the refuge this weekend. Thank you.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING MARCH 10 - 16 AS
SUNSHINE WEEK IN COLLIER COUNTY AND REAFFIRMING
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OUR COMMITMENT TO OPEN AND ACCESSIBLE
GOVERNMENT. ACCEPTED BY DAVID MERINO
REPRESENTING THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS; JAY SCHLICHTER
REPRESENTING THE COLLIER COUNTY CLERK OF
COURTS; CHRISTINA FARLOW-FORD REPRESENTING THE
COLLIER COUNTY SHERIFF'S OFFICE; VICKIE DOWNS
REPRESENTING THE COLLIER COUNTY PROPERTY
APPRAISER; ROB STONEBURNER REPRESENTING THE
COLLIER COUNTY TAX COLLECTOR; AND TRISH
ROBERTSON REPRESENTING THE COLLIER COUNTY
SUPERVISOR OF ELECTIONS – ADOPTED
MR. OCHS: Item 4C is a proclamation designating March 10th
through March 16th as Sunshine Week in Collier County and
reaffirming our commitment to open and accessible government.
To be accepted this morning by David Merino representing the
Board of County Commissioners; Jay Schlichter representing the
Collier County Clerk of Courts; Christina Farlow-Ford representing
the Collier County Sheriff's Office; Vickie Downs representing the
Collier County Property Appraiser; Rob Stoneburner representing
Collier County Tax Collector; and Trish Robertson is representing
the Collier County Supervisor of Elections; and our esteemed Sheriff,
Kevin Rambosk, is also joining the party.
(Applause.)
COMMISSIONER FIALA: When the guy with the gun says
"you first," you go.
CHAIRMAN McDANIEL: That's right; absolutely.
Item #4D
March 12, 2019
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PROCLAMATION RECOGNIZING THE ZONTA CLUB OF
NAPLES FOR ITS CONTRIBUTIONS TO NUMEROUS LOCAL
WOMEN'S INITIATIVES. ACCEPTED BY DR. DR. SHARON
WOODBY, LINDA PEARSON, AND ADELE HUNTER –
ADOPTED
MR. OCHS: Item 4D is a proclamation recognizing the Zonta
Club of Naples for its contributions to numerous local women's
initiatives. To be accepted this morning by Dr. Sharon Henry
Woodby, Linda Pearson, Adele Hunter.
(Applause.)
COMMISSIONER FIALA: Wow, what a smile you have.
You're beautiful.
CHAIRMAN McDANIEL: Move over here to the middle.
(Applause.)
DR. WOODBY: Good morning. My name is Dr. Sharon Henry
Woodby, and I am chair of the advocacy committee and a member of
the board of directors of the Zonta Club of Naples. And on behalf of
our club, I would like to so thank you for this proclamation.
Zonta International began in 1919 and is an organization that is
global consisting of business executives, professionals working
together to advance the economics, health, educational, legal,
political, and educational status of women. Our mission is to
empower women through service and advocacy.
Globally, there are approximately 31,000 members, over 1,200
clubs, and we exist in 66 countries worldwide. The Zonta, under ZI,
was chartered in 1963 as a 501(c)3 organization, and we serve
women and girls in Collier County worldwide.
This is celebrating our 46th year of advocacy and service. We
sponsor and support over five charities which share our mission and
March 12, 2019
Page 15
our vision for women's empowerment, antiviolence against women,
and anti-sex trafficking.
And on April 18th we'll be hosting a symposium with Hodges
University from 6 to 9 p.m. which will focus on empowering your
voice to advocate for you, and we hope to see some of you there.
Thank you so much.
CHAIRMAN McDANIEL: Thank you so much.
Item #4E
PROCLAMATION DESIGNATING MARCH 23, 2019 AS STUFF
THE BUS DAY IN COLLIER COUNTY, IN SUPPORT OF THE
COMMUNITY-WIDE EFFORT TO REPLENISH THE FOOD
BANKS THAT FEED THE HUNGRY OF OUR COMMUNITY.
ACCEPTED BY STEVE CARNELL, MICHELLE ARNOLD,
STEVE SANDERSON, SPENCER SMITH, LINDSAY
TOUCHETTE, BRIAN MORALES, MARY-BETH GEIER, FRAN
RIESS, AND TARA ZAJAS – ADOPTED
MR. OCHS: Item 4E is a proclamation designating March 23rd,
2019, as Stuff the Bus Day in Collier County in support of the
community-wide effort to replenish the food banks that feed the
hungry of our community. To be accepted by Steve Carnell,
Michelle Arnold, Steve Sanderson, Spencer Smith --
MS. ARNOLD: Whole room.
MR. OCHS: -- Lindsay Touchette, Brian Morales, Mary-Beth
Geier, Fran Riess, and Tara Zajas and friends, yes.
COMMISSIONER TAYLOR: Vertically challenged in the
front, ma'am.
CHAIRMAN McDANIEL: Don't say that.
(Applause.)
March 12, 2019
Page 16
MR. SMITH: For the record, Spencer Smith, United Way of
Collier County program director.
I just want to start by saying thank you to the Board of County
Commissioners and Michelle Arnold and her team for the support for
this event. I was here in 2014 when the first Stuff the Bus came into
play and helped kind of organize and get that situated.
And because of the support of both you guys and Steve
Sanderson, our president and CEO of the United Way of Collier
County, we are able to establish this amazing event.
It's amazing what the power of the community can do when you
come together to solve an issue. And what we sought out to do was
to collect food and help feed the hardworking families in Collier.
And I'm proud to say now this event's even grown into
something better. With the partnership with Naples Daily News,
Richard M. Schulze Family Foundation, Community Foundation of
Collier County, and others, we've been able to provide a large
six-week community food drive to help the hardworking families in
Collier County.
This event's been set up and structured to support Collier County
during the summer months when the food becomes a food desert. A
lot of families don't know exactly where the next meal's going to
come from. With nearly 70 percent of students in Collier County
Public Schools on free or reduced-priced lunch, that says a lot, and a
lot of these people don't know exactly where they're going to get their
next meal from because they rely heavily on that meal coming from
their school programs.
So I just want to say thank you, guys, all for the support. We
wouldn't be able to do this. March 23rd's not the only day you can
donate. This event will go on till April 26th. You can drop off any
kind of food, cash donations at the Naples Daily News facility every
Friday.
March 12, 2019
Page 17
Thank you very much.
CHAIRMAN McDANIEL: Thank you very much.
(Applause.)
COMMISSIONER SOLIS: We stuff the bus with food?
MR. OCHS: Correct.
COMMISSIONER SOLIS: Any bus?
CHAIRMAN McDANIEL: CAT bus.
COMMISSIONER SOLIS: CAT bus.
CHAIRMAN McDANIEL: Not the school buses.
MR. OCHS: Let me ask Michelle to clarify that.
COMMISSIONER SOLIS: Point of clarification.
MS. ARNOLD: For the record, Michelle Arnold.
We have designated buses that are going on the 23rd at
locations, seven different Publixes and other locations. I think they
are 10 all together. Ten all together. And so as you go in to shop,
you can get a bag and bring out food. And we weigh the bags, and
we're trying to compete every year to have more and more food for
this event.
So, yeah. This is a way that we give back in other ways. I think
we give back every day.
COMMISSIONER FIALA: What's the date again, Michelle?
MS. ARNOLD: 23rd, March 23rd.
COMMISSIONER FIALA: Start at any certain time of the day
or anything?
MS. ARNOLD: Yeah, it starts at 10 and ends at 2 o'clock.
So probably the Publix near you. Neapolitan Shopping Center is
where I'm going to be, if you want to be there.
CHAIRMAN McDANIEL: Thank you, Michelle.
And before we go on, County Manager, I was remiss in not
announcing the Artist of the Month, and I got a note and reminded
that I had forgotten.
March 12, 2019
Page 18
So I would like to please recognize our featured Artist of the
Month in Collier County is Ms. Leigh Greco. Leigh Greco has been
inspiring young minds for 34 years as an art teacher at Immokalee
High School, Gulf Coast High School, and Pine Ridge Middle
School. Leigh's work reflects her love of vibrant, intense colors
interacting with light and tropical landscapes and foliage. And a
portion of her art is displayed in the back, so please have a moment
and have a look.
There we go.
(Applause.)
MR. OCHS: Mr. Chairman, if I could get a motion to approve
today's proclamations, please.
COMMISSIONER FIALA: So moved.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve today's proclamations. Any 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 #5A
PRESENTATION OF THE 2019 “AGAINST ALL ODDS”
AWARD TO CHRISTINA HARDING-CRUZ – PRESENTED
March 12, 2019
Page 19
MR. OCHS: That takes us to Item 5 on this morning's agenda.
These are the presentation items.
5A is a presentation of the 2019 Against All Odds Award to
Christina Harding-Cruz. Christina, if you'd please step forward.
(Applause.)
MS. HARDING-CRUZ: Good morning. I stand before you
truly humbled. I want to thank the organizations who nominated me
for this prestigious award and for the Board of County
Commissioners for bestowing it upon me today. This award is
affirmation for what I do and why I do it, and I thank you.
Besides my mom, my community is my number-one fan. I
would like to give a special thank you for every life I encountered
either by employment or volunteering that I was able to serve through
counseling, case management, interning at Public Defender's Office
or to provide vital resources. This award is not only for me but the
community that I serve.
A memory that I can never forget is the prayer letter I wrote God
in my early years. I remember I was up late at night crying while my
mother was asleep. As I wrote this letter, I remember feeling alone
and in a dark place. This place stemmed from the bullying, taunting
that took place in elementary and middle, the brokenness from
trauma that occurred in the household, no self-esteem, worried where
my next meal would come from, scared for my mom to lose us, my
mom's depression, worried about my dad's mental and physical
health, full of fear for what's ahead, and thought, why does my life
matter?
In that letter I wrote, when I grow up, I pray I'll make a positive
difference in thousands of lives. I believe this prayer became my
reality.
March 12, 2019
Page 20
Coming of age, I knew there was something in me that made me
different, and despite every obstacle, I realized my life had purpose.
I grew up in soup kitchen lines, community food pantries, taking
advantage of social services, and my mom pawning her belongings to
provide our basic needs.
My father dying to his alcohol addiction, losing everything,
ending up homeless, living on the streets motivated me to create a
legacy that would honor him. He is best remembered for his big
heart and the love he shared.
My career goal was to become a doctor so that would help him,
but it was too late. Social work and law were the next best options.
My career goal is to become a licensed clinical social worker
serving clients who are entangled in the criminal justice system. I
want to either attend law school or obtain my doctorate's degree after
completing my master's in December, this December. I also want to
open a non-profit that provides housing for girls who are at risk for
being homeless and teach essential life skills.
I refuse to let my struggle define me or I fall into a negative
statistic. My mom encouraged me to always want more for myself,
stay humble, and never forget where I come from. I am the second
oldest of five children but the first to graduate high school, college,
and now pursuing my master's from the University of Central Florida
advanced standing master's program of social work.
I work -- I also work as a counselor, intern at the hospital in
Naples, and lead the volunteer project I started in 2015 called "Love
is not an option." It serves the homeless population of Collier
County. We create bags of toiletries and provide meals.
Over Thanksgiving break I extended the project in Tulsa,
Oklahoma, and facilitated an outreach up there on the streets. I want
to extend this project across the United States.
March 12, 2019
Page 21
As I look back, my vision and my passion aligned with my
purpose made me relentless to never give up. Love is my motive.
I close with this: Define your own level of success by the
standard you create whether that is a college degree, obtaining a high
school diploma, or becoming a mother. Your life may not be easy,
but realize in the weakest moments is where your strength is
developed and resilience arises. Be your own success story.
Thank you.
(Applause.)
COMMISSIONER FIALA: Thank you for all you're doing to
help us.
CHAIRMAN McDANIEL: Hold this, and then if you would
turn around, I have a -- I have a little something I'd like to read. If
you would, please, face the audience.
COMMISSIONER SOLIS: Is this family?
CHAIRMAN McDANIEL: How about family, are we with her?
Please, come on up. My goodness. While they're coming up, I
would like to read something. Just hold on. Come on up, family.
In 2016, the Board of County Commissioners established the
annual Against All Odds Award Program to recognize residents who
have overcome great challenges that most of us have not ever faced
and who, despite his or her circumstances, have excelled and given
back to the community. This is the fourth consecutive year that we,
the County Commissioners, have presented this award against all
odds.
This year's recipient is incredibly special, an inspirational young
woman, and the first woman to receive this award. She a shining
light in the darkness, and I am also proud to say that she is a resident
of Immokalee.
Ladies and gentlemen, it is my pleasure to present the award
Against All Odds to Ms. Christina Harding-Cruz.
March 12, 2019
Page 22
(Applause.)
CHAIRMAN McDANIEL: Now we're ready.
COMMISSIONER FIALA: You wanted to take one picture of
her alone?
MR. OCHS: Yeah.
COMMISSIONER TAYLOR: You did a great job; despite all
odds.
COMMISSIONER FIALA: You really did it.
CHAIRMAN McDANIEL: Thank you, guys, for coming today.
And Maria did want one picture with her alone so we'll do that, too.
Whatever the photographer wishes. Thank you, young lady.
MS. HARDING-CRUZ: Thank you.
(Applause.)
Item #5B
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR MARCH 2019 TO THE HARRY CHAPIN
FOOD BANK OF SOUTHWEST FLORIDA. TO BE ACCEPTED
BY RICHARD LEBER, PRESIDENT & CEO OF THE HARRY
CHAPIN FOOD BANK OF SOUTHWEST FLORIDA. ALSO
PRESENT IS BETHANY SAWYER REPRESENTING THE
GREATER NAPLES CHAMBER OF COMMERCE –
PRESENTED
MR. OCHS: Item 5B is a presentation of the Collier County
Business of the Month for March 2019 to the Harry Chapin Food
Bank of Southwest Florida. To be accepted by Richard LeBer,
president and CEO of the Harry Chapin Food Bank of Southwest
Florida, along with Bethany Sawyer from the Greater Naples
Chamber of Commerce.
March 12, 2019
Page 23
MR. LeBER: Good morning, and thank you to the
Commissioners. And also, on behalf of the Harry Chapin Food Bank,
a thank you to the Collier County Chamber of Commerce that
nominated us for this award.
It's an unfortunate reality in Collier County today that about
36,640 people will go hungry at some point this year. They will be
classified as food insecure, meaning that they have no money left in
the bank, they have no food in their pantry, and they don't know
where their next meal is coming from. That's about one in 10
residents of Collier County, the largest population of whom would be
working families in crisis, but also seniors and veterans and a variety
of other folks.
And the Harry Chapin Food Bank has been active in serving that
population together with lots of other organizations in Collier County
for well over 20 years now. We provide free food to 29 independent
organizations in Collier County, including lots of people who have
been represented here this morning: Grace Place, the Shelter for
Abused Women and Children, several of the Stuff the Bus
organizations. We'll be participating in that drive ourselves.
All together, the food that we distributed to those 29
organizations, and through our own programs, amounted to
5.1 million pounds of food distributed in Collier County last year,
which is a very big number and a hard number to visualize, but it's
the equivalent of 127 full tractor-trailer loads of food distributed to
hungry people in Collier County over the course of a year.
CHAIRMAN McDANIEL: Special.
MR. LeBER: In addition to the 29 independent organizations
we work with, we also operate on our own nine mobile pantries every
month where we set up in communities, Immokalee, East Naples,
Golden Gate, et cetera, with our own vehicles and feed several
hundred families at a shot. Three in-school pantries in schools within
March 12, 2019
Page 24
Collier County, and nutrition education programs in five schools.
We were active in emergency activities after Hurricane Irma.
We were the first organization on the ground with food in
Immokalee and in Marco Island, and we set up and operated a weekly
mobile pantry in Everglades City for over six months until they were
able to reconstruct their church and start taking care of folks locally.
And recently we did mobile pantries to serve folks affected by
the federal government shutdown, so we're very active in emergency
relief as well.
So we are very grateful for this honor. I'd be happy to answer
questions if anybody has any; otherwise, thank you so much to the
Board and to the Commissioners and to the Chamber of Commerce
for this honor. We're deeply honored to be recognized.
CHAIRMAN McDANIEL: Thank you, Richard. And no
questions. Just a thank you for doing what you do. We really
appreciate that.
MR. LeBER: Thank you. It's our calling. We're delighted to do
it.
CHAIRMAN McDANIEL: Absolutely.
Item #11A
RECOMMENDATION TO ADOPT THE FY2020 BUDGET
POLICY – MOTION FOR THE CHAIR TO SEND A LETTER TO
THE SCHOOL BOARD RECOMMENDING SHARED COST FOR
DEPUTIES AT SITE SCHOOLS – APPROVED;
MOTION TO REMAIN MILLAGE NEUTRAL – APPROVED;
MOTION TO ESTABLISH JUNE 20 AND 21, 2019 AS BUDGET
WORKSHOP DATES – APPROVED;
MOTION TO APPROVE THE BUDGET POLICY – APPROVED;
RESOLUTION 2019-48 – ADOPTED
March 12, 2019
Page 25
MR. OCHS: Commissioners, that moves us to our first
time-certain hearing this morning. This is Item 11A on today's
agenda. It's a recommendation to adopt the Fiscal Year 2020 budget
policy.
Mr. Mark Isackson, your director of Corporate Financial and
Management Services, will present.
MR. ISACKSON: Good morning, Commissioners. For the
record, Mark Isackson with the Office of Management and Budget.
I will do my best to keep you back on your time-certain
schedule. I know the Chair was a little bit concerned with that.
CHAIRMAN McDANIEL: We're only five minutes behind.
MR. ISACKSON: Commissioners, this kicks off your FY '20
budget process with our annual visit with you on our philosophy, our
methodology that staff is presenting to you for preparation of the FY
'20 budget document.
The document itself, as you know, is rather lengthy. That is
twofold for that: One is to make sure that, again, our philosophy or
methodology, the approach that we use in budget is conveyed to
those who consume financial information for the county, and it's to
give the Commissioners kind of a state of the state on where we're at
financially within the county.
So without further adieu, I'll move ahead with the PowerPoint,
but before I do that, let me just mention that there are a couple action
items that we're looking to try to receive from the Commissioners
today. The first is to adopt the budget policies as recommended or as
modified by the Board throughout the discussion. The second is to
adopt a resolution which establishes budget submittal dates for Clerk
Kinzel of the Courts, the Sheriff's Office, and the Supervisor of
Elections, and the third is to establish your June workshop dates and
your September budget public hearing dates.
March 12, 2019
Page 26
So if I can figure out how to run this thing, we'll be off and
running.
Thank you, boss.
MR. OCHS: Sure. That's what I'm here for.
MR. ISACKSON: As I mentioned, the budget policy highlights,
there's key annual policies for consideration and board direction.
Those are found on Policy Document Pages 30 to 40.
The continuing policies to be endorsed by the Board are on
Policy Documents Pages 41 and 43, and then there's the three-year
General Fund and Unincorporated Area General Fund analysis,
which we do every year, is found on Pages 44 through 54.
Commissioners, for orientation, in your packet, the executive
summary begins on Packet Page 93. The PowerPoint, which I'm
involved with right now, begins on Packet Page 97.
Again, the suggested budget guidance action is, after due
consideration and further consideration, that the Board approve the
recommended budget policies with any changes dealt with on an
exception basis.
The most important decision that the Board makes, considering
that 70 percent of your General Fund is funded with property taxes
and 74 percent in the Unincorporated Area General Fund, is your
millage rate policy, and taxable value. This year we're projecting a
tax-base increase of 4 percent. We think that's pretty conservative
and allows us to structure the budget systematically and to present
you with a balanced budget at your first June workshop and then
going forward as we complete the process through September.
As I mentioned, taxes comprise 70 percent of the General Fund
governmental revenues.
There are several new FY '20 funding initiatives that we'll go
into in a little bit detail in a couple slides from now. We make sure
that we grow our reserves. Now, those reserves are cash-flow
March 12, 2019
Page 27
reserves and, essentially, contingency reserves. We protect the cash
position in the General Fund. Why? Well, you just had a recent
example of that when Hurricane Irma blew through here, and we've
now spent about $105 million waiting on the bulk of that recovery
almost two years after the event.
We ensure that dollars are available to cash flow in other natural
disaster. That's our fiduciary responsibility. We continue our
investment in public-safety operations and infrastructure, we continue
investing in our capital infrastructure, and we have to operate and
maintain new capital facilities when they're constructed.
In the Unincorporated Area General Fund, we're suggesting,
once again, a millage-neutral rate, and that rate will allow us to
maintain our constructed median landscaping program, to continue to
fund stormwater maintenance and capital programming, fund the new
innovation zones that are coming on board in FY '20, maintain our
commitment to community parks, code enforcement, zoning, and
land use, natural resources, and our road maintenance, and we
continue our capital commitment to community parks in the
transportation network.
You have several MSTUs, Commissioners, that falls underneath
our taxing umbrella. We're suggesting that those with advisory board
oversight, be it tax neutral or rolled-back rate, the same rate,
essentially, last year. With no advisory board, we go to rolled-back
rate. It looks like I missed an "e" on that one.
Leo, why didn't you catch that?
The FY2018, we have 12 millage-neutral rates, three rolled-back
rates, and four others.
CHAIRMAN McDANIEL: And just so everybody knows, that
is the only error in the entire printing. I read it all, and that's the only
one I found, and I didn't tell him on purpose, just to see.
March 12, 2019
Page 28
MR. ISACKSON: That's rather embarrassing. I'll have to get
my staff on that one.
Commissioners, the -- what we try to do with these next two
slides is give you a little picture of what millage-neutral means with a
tax impact on a homestead property and then again on a
non-homestead property.
Rather than using the conventional approach where you have
just value or market value minus your homestead exemption gives
you assessed value and then you take all of your exemption off of
that, whether it's the typical homestead exemption, the veterans
exemption, there are a number of exemptions, I try to be very simple
with it and just give you some examples of what taxable value parcels
might be, and I've got an average down on the bottom.
There's two key things with regard to homestead properties.
Number one, the tax base is capped -- the assessed value is capped at
3 percent. Can't go higher than that. So if you look at the difference
between -- go down to the average column, what we're calculating is
about a $19 increase. That's just for the General Fund, just for the
Unincorporated Area General Fund. It has no bearing on the overall
tax bill that a resident pays, just that portion reflective of the county
portion.
MR. OCHS: That's the annual increase.
COMMISSIONER TAYLOR: $19.
MR. ISACKSON: That's the annual increase at a millage
neutral at a 4 percent increase in the tax base; $19.41.
Now, someone -- if you went and looked at your own tax bill
and looked at your taxable value on the property that you own, you
could probably look on that roster of taxable values and see what that
adjustment might be going forward.
It becomes a little bit more onerous for non-homestead
properties, obviously. They have a cap of 10 percent. Well, if you
March 12, 2019
Page 29
assume that the tax base has only gone up 4 percent this year, you can
see what the average would be for a non-homestead; two-and-a-half
times roughly.
MR. OCHS: For Commissioner Saunders, what is that amount?
MR. ISACKSON: Commissioner Saunders, can you hear?
COMMISSIONER SAUNDERS: Yes, I can hear you.
MR. ISACKSON: That averages about $57.27 on a
non-homestead piece for the General Fund and Unincorporated Area
General Fund. On a larger-size parcel, whether -- let's say it's a
multifamily piece or something like that where you have a big
taxable value number, let's say it's 5- or $600,000, we show that
number being about $104 over this year at millage neutral.
COMMISSIONER SAUNDERS: Great. I appreciate you doing
that. I'd asked to get some analysis as to what this would mean to the
business owners and non-homesteaded property owners as well as the
homesteaded, and I appreciate this information. It helps quite a bit.
MR. ISACKSON: Commissioners, the next slide is one we'll
spend a little bit of time on because it talks about the new funding
initiatives that are either ongoing or proposed for FY '20 that will
require some funding.
And what we did with this, knowing that property taxes
comprise 70 percent of the General Fund and a little bit more than
that in the Unincorporated Area General Fund, is we tried to break
out where the funding sources for these new initiatives would be. For
example, there's been discussion about the purchase of the Golden
Gate Golf Course, $28 million. We're certainly not going to pay cash
for it.
So that debt-service amount will be borne by the General Fund.
That's roughly 4 percent over, let's say, 20 years. That's a number
that we threw in for planning purposes. Then you've got to maintain
and at some point begin to develop a plan for future use of that
March 12, 2019
Page 30
particular piece of property. And we threw -- this is the Deputy
County Manager's number, so don't yell at me on that one. It's a
million dollars. I'll let him defend that.
You've got two now innovation zones that were going to be
active in FY '20. There's a General Fund piece and an
Unincorporated Area General Fund piece, and that's essentially the
tax increment. It functions much like a CRA in terms of the money
that goes into that particular zoning, innovation zone, for the
purposes of improvements within that zone specifically.
COMMISSIONER TAYLOR: Would you identify those
innovation zones, please.
MR. OCHS: Yes, ma'am, I will. There's -- the first one is an
economic development innovation zone. We call it Innovation Zone
Activity Area 9; that's in and around the Davis Boulevard/951
intersection. And the second one is an economic development
innovation zone that the Board created in the heart of Golden Gate
City to incentivize some redevelopment in that area.
CHAIRMAN McDANIEL: Basically that two-mile swath on
Golden Gate Parkway through Golden Gate City proper.
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: And then I think, Commissioner
Taylor, you established the innovation zone at 951 and Collier.
COMMISSIONER TAYLOR: And I think I misunderstood. I
thought you said there were two residential ones, and I think I
misunderstood that.
MR. OCHS: No, two innovation zones.
COMMISSIONER TAYLOR: Innovation zones.
MR. OCHS: They're both economic development TIFs,
essentially.
COMMISSIONER TAYLOR: Thank you.
March 12, 2019
Page 31
MR. ISACKSON: And you see, of course, we don't have the tax
base yet from the Property Appraiser, but that's our best estimate
based on a 4 percent increase in the tax base and the increment that
was established by the Board when creating both of those innovation
zones.
I'll let Leo talk a little bit later about the school-safety-officer
program. We have a separate slide on that, but there's about a
$3 million contribution from the General Fund to support that state
funded -- or that state initiative through legislation.
We have the Big Corkscrew Island Regional Park we think will
be coming on board sometime in FY '20. That's going to require
some staffing and operational and maintenance cost. You have your
amateur sports complex that will be completed. Again, you've got
some operation and maintenance cost connected with that.
Talk about stormwater a little bit. Now, we have a separate slide
later on about stormwater. I think the County Manager in our
planning discussions is committed to providing a level of stormwater
maintenance that is industry standard, and then we deal with the
capital side.
So how do I come up with two-and-a-half million and
two-and-a-half million additional for funding initiatives in FY '20?
Well, in FY '19 you have roughly $8 million in budget that we set
aside for stormwater. The Board did not pursue the stormwater
utility, so what we're suggesting is that the option would be the
millage-equivalency approach. We have regulations that say right
now up to .15 mills.
The Productivity Committee has met, and they've said the hard
number will be .15. If you apply the .15 to the current tax base in the
county, that's roughly $13 million. The difference between 13 and 8
is $5 million. That's been split equally between the General Fund and
the Unincorporated Area General Fund right now.
March 12, 2019
Page 32
Now, in the planning document, we have about $9.2 million set
aside, about a million dollars more than FY '19. That, as Leo
suggested, could be used simply for maintenance purposes, and now
we break lose with those additional dollars based on what the Board's
direction would be to cover capital costs. We may issue some debt in
regard to that. If we issue debt, let's say it's $30 million as we've
been talking about, over 15 or 20 years you're probably talking about
$2.7 million a year in a debt-service payment.
So you get the sense for what the plan of attack might be to get
after some of the stormwater stuff that's been lagging.
We have a communication services tax that we think's going to
continue to decrease. There's legislation that's being considered, once
again, in Tallahassee to reduce the communication tax rate at the state
level. That is the largest source of revenue in the Unincorporated
General Fund outside of property taxes. It's roughly $4 million a
year. It's been dropping by about 500K for the last two years.
The biggest thing that makes me not sleep at night -- and I
generally sleep pretty good -- is losing the communications tax
altogether. Now you've got a $4 million gap in the Unincorporated
Area General Fund that you've got to fill.
We have grant matches for hurricane hardening that we've
programmed into the budget in FY '20. That's a great investment
assuming we get all of the grants we've applied for. You've got the
Marco Island terminal, the Everglades sea base, the Marco Airport
runway, which requires grant matches in '20 at about a million
dollars.
We're helping to support the Everglades City utilities. We've
got a Collier Area Transit subsidy of about a million dollars. Again,
that might be light based on the contract that you're going to see
probably in one or two board meetings.
March 12, 2019
Page 33
And we've got all this behind-the-scenes stuff; our information
tech. I know Crystal's wrapped up a little bit in the SAP upgrade.
Whether we're going to keep SAP or farm it out, go to another
program. That number's light from what I -- from what I've been
told.
Compensation administration in the General Fund and the
Unincorporated Area General Fund. That's just the General Fund and
Unincorporated Area General Fund's component of our compensation
adjustment, which we have a slide later on.
And then something I've wanted to do for the last two or three
years, it just hasn't been in the cards, is to begin to recognize that we
have a substantial amount of assets. You've probably got $3 billion
worth of assets in this community maybe split half and half between
the utility and the unincorporated -- and the general governmental
side.
So setting -- beginning to set aside a reserve for that specifically
earmarked for five and 10 years down the road replacement of our
infrastructure assets, we need to begin doing that. We need to begin
making sure that that long-term maintenance need is in competition
with all of our regular ongoing efforts that we do in the community,
and that's the only way this will happen. You've got to give it some
visibility. So we're suggesting a number up to $5 million a year.
We've plugged the $5 million number.
So what does all that mean? Well, you have a millage-neutral
tax increase. If you keep the millage-neutral-rate in the General
Fund, for example, you're going to increase your taxes by -- property
taxes by about $12.5 million. Well, we know the constitutionals take
half of that because they're half of the General Fund's budget. So
now you're left with, essentially, about $6.3 million to offset, just
simply under property tax, that 23-plus million dollars in new
funding initiatives.
March 12, 2019
Page 34
So now you're left with some perceived shortfall of about 17.4
million. Well, how do you get at all that? Well, this is -- that's my
challenge, and that's the County Manager's challenge.
It certainly will be helpful to have our millage-neutral tax rate
once again for the 11th consecutive year. You've had it for 10 years
now. It's certainly our recommendation. I think it makes good
tax-policy sense to leave your millage rate alone. Imagine a situation
where you adopt the rolled-back rate and the rolled-back rate bumps
up and down all the time. So when the tax base begins to decrease,
what happens to the rolled-back rate? It goes up.
And the propensity to increase a millage rate, regardless of what
it's called, when tax bases are going down, is a hard position to be in.
So that's why we're suggesting -- one of the reasons we're
suggesting millage neutral.
This one you've got the rolled-back rate. That actually would
raise more money than your current levy in '20; 7.7 million, but
you've got -- you're going to lose almost 4.9, the difference between a
millage-neutral and rolled-back rate. So that even -- that exasperates
(sic) the issue of trying to find dollars to go after those new initiatives
that we've identified.
I think we've got a fighting chance at it if we leave the millage
rate alone, we wait to see what our budget numbers come in at, we do
some belt tightening, I think we can get at some of this stuff, so...
This is always an interesting slide, and it continually moves,
where you've spent about $105 million on our hurricane expenses
through January of '19. We have an additional amount budgeted in
FY '19 for remaining cleanup efforts. We've gotten insurance and
FEMA reimbursements to date of about 27.8. We've got another 43
or 44 expected to be received. Most of that will go after and be
applied as a credit against our debris removal effort.
March 12, 2019
Page 35
The takeaway from this slide is you better be prepared to cash
flow an event like this for at least two years, if not longer. And we
are positioned, financially, to deal with that. We will every year, so...
So this particular slide just tries to pinpoint how much the
General Fund is a component of all of -- essentially, our gross budget.
I've got numbers tied to that if anybody wants the raw numbers. But
I wasn't really attempting to do anything other than to magnify the
General Fund as a component of this with both the General Fund and
General Fund constitutional officer piece.
This slide, you just -- the takeaway here is you've really only got
about 119 million out of that General Fund budget that would be
considered somewhat discretionary to go after. The rest of the slides
on the right-hand side are mandates, what we call health, safety, and
welfare and our debt-service obligations.
And this is an interesting slide, and I want to call your attention
to the carryforward line. Part of the reason we have a fighting chance
to get after some of these new initiatives is the budget management
we've done over the last two years, leading up to the hurricane, after
the hurricane. We've increased our cash position substantially in the
General Fund. That allows us to go after some of the stuff. It allows
us to increase our reserves. It provides a great indicator of our
financial health and strength and welfare to the rating agencies. It's
one of the most important things that my office does in terms of
managing the budget document. That's the takeaway from this
particular -- this particular slide.
As I mentioned, our year-ending cash balances influence our
budget planning. The first two months' cash-flow requirements are
$71 million, and that's growing. That's why my reserves continue to
grow.
Our agency allocations are no different than they have been in
the previous years. We have revenue centric philosophy both in the
March 12, 2019
Page 36
Enterprise Funds and in the General Fund and Unincorporated
General Fund where we tie everything to the net cost in the General
Fund and Unincorporated General Fund, because we also recognize
that there are few revenues that help offset the impacts of the General
Fund.
Agency positions: We'll bring those to the Board, and any
expanded this year will be limited to board-directed capital project
openings or board-directed service-level adjustments.
Compensation: This year we're taking a little bit different approach.
We're recommending $1,200 be applied to all base salaries, and the
average salary in the agency is $55,500. That represents roughly a
2.2 percent increase off that average salary.
The targeted pay plan maintenance, we'll also look at that. We'll
devote a little money to that in certain lower classification pay grades
where there appears to be a market imbalance, and the cost of living
is -- December over December for 2018 is 2.9 percent.
Healthcare takeaway, no increase in healthcare premiums.
That's a testament, I think, to our program where we try and contain
costs as best we can. We have a lot of involvement of the workforce
in our qualifiers, which helps certainly our health insurance program
and the reserves that we have.
Time and rates, we do the kabuki dance with the state in May,
and we sync up our retirement rates.
CHAIRMAN McDANIEL: And which dance would that be?
Kabuki dance.
MR. ISACKSON: You never heard that expression?
CHAIRMAN McDANIEL: I just wanted you to say it twice.
MR. ISACKSON: And then let's get to stormwater a little bit.
So as I mentioned, the County Manager is desirous of pursuing a
planning model consistent with industry standards when it comes to
the maintenance of the system, and then talk about a two-pronged
March 12, 2019
Page 37
approach where we have eligible replacement and new capital
projects with the potential for issuing some type of a financing,
possibly up to $30 million in lieu of the current cash-and-carry
methodology.
Gas taxes: Those are, obviously, important for the
transportation network. We program annually dollars that go out of
the General Fund and dollars that go out of the Unincorporated Area
General Fund to Fund 310. That augments the gas-tax fund in
support of the maintenance effort.
Our gas taxes grew modestly in '18. We're up about 4.1 percent
to 22.7 million, and we think planning at roughly 23 million going
forward is probably a good number.
Each year we -- much like we talk about sizing stormwater, we
size the General Fund transfer to capital and debt to about .33 mills.
We haven't been at .33 mills in a long time. We're a little bit short of
that. And that covers various things like loans to the Impact Fee
Trust Funds and our debt-service obligations for non-referendum --
non-referendum special-obligation debt, replacement of capital
projects and our general governmental facilities.
Finally, Commissioners, you've got a series of reserve policy
that we're recommending; no change, roughly, from last year. And I
won't bore you with all of the detail there.
We're financing new replacement and capital infrastructure.
That's important. The Finance Committee is engaged and continually
reviewing all of our options for you. It's important to note that the
FY '20 budget does not program the issuance of debt. That will come
up as a part of any amended action that the Board might take to the
budget once we know the particular direction we'll be going in from a
debt standpoint.
I'll let Leo talk a little bit about this, if he's so inclined. I think
this is near and dear to his heart, so...
March 12, 2019
Page 38
MR. OCHS: Well, Commissioners, as you all know, the
legislation came out of Tallahassee last year following the Parkland
tragedy and, essentially, it required public school districts throughout
the state to provide for additional safety in the schools.
Again, that statute places that legal obligation with the school
district, not with the County Commission. Notwithstanding, this
board, through the Sheriff's budget, has traditionally funded a school
resource officer program and deputy relations program in the schools;
didn't have every school covered, but had many of the schools
covered.
The Sheriff has since come into compliance with the statute. He
now has deputies at all the schools, including all the charter schools.
He's doing that, frankly, with an inordinate amount of overtime and,
as Mark indicates here in this slide, he has about $7 million -- or you
have $7 million, I should say, invested in that program this year,
another 3 million expected next year, and continuing on for the next
several years.
The Sheriff and the school superintendent and I have met.
We've talked about this and how to share that burden more equitably.
My staff surveyed the state and found that among all the counties, I
think Collier's the only one that's providing 100 percent of the
funding for this program at this time.
The state has provided some amount of funding through the
legislation, but it doesn't meet or come anywhere close to meeting the
total burden. There's about 1.6 million that the school district has
that they will transfer to us this year through an interlocal agreement.
After the legislative session ends, I'll be bringing that to you.
But I had suggested to the superintendent, and I would ask as a
policy direction from this board, to perhaps have our chairman send a
letter that expresses our board's interest in sharing the cost of that
program at no more than a 50 percent level and begin to bring some
March 12, 2019
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more equity into that funding stream.
CHAIRMAN McDANIEL: And just, if you would, please --
you know, because this is a delicate subject matter, from a statutory
standpoint, the state -- I mean, the travesty that occurred in Parkland
initiated this process. We were already in front of, from a
safety-officer process, well in advance of what the state's mandated.
Is there anything in the statute -- the statute specifically requires
who to be responsible for these safety officers?
MR. OCHS: The school district.
CHAIRMAN McDANIEL: The school district is solely
responsible for the providing of the safety officers?
MR. OCHS: That's my understanding, yes, sir.
CHAIRMAN McDANIEL: Okay.
MR. OCHS: And they have three options, of course. They can
use certified law enforcement, they can hire what's called guardians
and arm them, and then they can arm their own teachers. I think long
ago, even before this tragedy occurred, the Superintendent and the
Sheriff had made a determination and, in fact, I know the Sheriff has
stood before you in the past and said that they want to use certified
law enforcement officers as opposed to the other two options which,
frankly, is the best approach, but it's also the most expensive
approach, and that's why I think, you know, my recommendation is to
approach the school district and have them carry more of the load.
CHAIRMAN McDANIEL: And currently the state provides the
school district with about $1.6 million that they're willing to turn over
to the county with regard to this expense?
MR. OCHS: That's correct.
COMMISSIONER SOLIS: I would support the Chair sending a
letter to that effect.
COMMISSIONER TAYLOR: Is that a motion?
COMMISSIONER SOLIS: That's a motion.
March 12, 2019
Page 40
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded.
COMMISSIONER SAUNDERS: Mr. Chairman, I didn't hear
the motion. Was the motion for the school district to start picking up
50 percent of the tab, or was it just to get in the conversation?
CHAIRMAN McDANIEL: It's to have the Chair -- the motion
was to -- per the County Manager's recommendation, to have the
Chair send a letter recommending that the participation for this
expense be shared on an equal basis with the school district.
COMMISSIONER SAUNDERS: I'll second that motion if it's
not been seconded.
CHAIRMAN McDANIEL: It has been seconded, but we'll
count your vote as a yes; how about that?
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.
MR. ISACKSON: Finally, Commissioners, I'll conclude with
the schedule, which I elaborated in my opening remarks. The
resolution, which requires the Sheriff, Supervisor of Elections, and
Clerk Kinzel of Courts to submit their budgets on May 1; establish
the June workshop dates on the 20th and 21st, if necessary, Thursday
and Friday; adopt the tentative maximum millage rates for 2020 on
Tuesday, July 9th; the Board receives their tentative FY '20 budget
March 12, 2019
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document on the 12th, and that's simply is a recognition of coming
out of the June workshop where we receive certified taxable values.
The primary adjustments to the June workshop, then, will be changes
in taxable value which affect the appropriations; and then your two
budget hearings in September. The first is the 5th and the second is
the 19th.
CHAIRMAN McDANIEL: And with that, are you prepared?
MR. ISACKSON: I'm going to be quiet now, sir.
CHAIRMAN McDANIEL: Okay.
MR. ISACKSON: Let you guys –
MR. MILLER: Mr. Chairman, I do have two registered
speakers for this item.
CHAIRMAN McDANIEL: Do we want to hear from our public
speakers first before we go --
COMMISSIONER TAYLOR: It's up to you.
CHAIRMAN McDANIEL: Yes, I think we should.
MR. MILLER: Your first speaker is Linda Denning. She will
be followed by William Kerrigan.
CHAIRMAN McDANIEL: And then we'll give Commissioner
Saunders a chance to go first, since he doesn't have a button.
COMMISSIONER TAYLOR: Sure.
MS. DENNING: Hi. Good morning. I'm Linda Denning, and
I'm the director of the Poinciana Civic Association.
Mr. Chairman, Commissioners, County Manager, staff, and
public, I can appreciate all the hard work that goes into preparing a
budget and all of the concerns that you have to address, and I'm here
to discuss the stormwater funding, which I guess is no surprise to
you, and especially appreciated hearing Mr. Isackson's comments,
which I didn't know that they would be covered so well.
I wanted to thank Leo for his commitment to the expansion of
stormwater funding to meet the industry standard. And I would urge
March 12, 2019
Page 42
you to go forward and consider funding up to $30 million for eligible
replacement and new capital projects according to his suggestion,
even if it includes special application revenue bonds and -- because to
not do so seems inconsciencable (sic).
Our stormwater system in Poinciana Village has been
inadequately maintained for many years. Our entrance streets used to
flood every few years, and now they flood pretty much every year,
and that affects over 400 families that live there. I had to get a new
radiator for my car a couple years ago when I drove through a foot of
flooded water to get home.
Our drainage ditches need to be cleaned out. We seem -- can't
seem to get that done. They're overgrown with trees and grasses and
weeds, and storm season is quickly approaching. And I understand
that there's a long backlog throughout the county; that we are not the
only community in that situation.
Last week you had a buildup workshop. There's a lot of concern
and staff time going into growth and into the new blueprint for
Collier County, and surely you would agree that stormwater
management is essential to smart growth. How can you even
consider growth when the safety and basic health concerns for current
residents aren't being met?
So I hope you will agree that stormwater management is
necessary and that you'll find a way to fund it to industry standards
one way or another in Fiscal Year 2020.
Thank you.
MR. MILLER: Your next and final speaker on this item is
William Kerrigan.
MR. KERRIGAN: I haven't been here for a while. Your seats
are a little more comfortable. I'm the president of the Poinciana Civic
Association. I'm Bill Kerrigan.
For over -- I've lived there now for 35 years, so half my life I've
March 12, 2019
Page 43
been trying to get, you know, Poinciana to drain better and all. Linda
really hit all the points.
I'd just like to also point out that back in '88, '90, the City of
Naples wanted to annex us, and pretty much Collier County said
they'd take care of us. Please, take care of us. I mean -- and
stormwater management, that's a basic function of government, like
roads.
So, please, Linda hit on all of them.
Thank you, Leo, for increasing and, yes, we'd like to see more
than the 12 million.
Okay. Thank you. Bye.
MR. MILLER: And that was your final speaker on this item.
CHAIRMAN McDANIEL: Outstanding.
Commissioner Saunders, we're going to bequeath the
microphone to you first since you're out there in nowhere land.
COMMISSIONER SAUNDERS: Well, thank you. I don't
really have any questions. I think just a comment.
I think our staff has put together, really, a great, effective, and
thorough presentation. I think that in terms of budget policy, I'd like
to see us keep a millage-neutral policy at this point. We can always
change that as we get into the final budget process, but I think for
direction I would recommend sticking with a budget-neutral policy.
COMMISSIONER TAYLOR: Is that a motion, sir?
CHAIRMAN McDANIEL: We'll --
COMMISSIONER SAUNDERS: I'll make that in the form of a
motion if it's appropriate to do so.
COMMISSIONER TAYLOR: And I'll second that motion just
for a point of discussion.
CHAIRMAN McDANIEL: Okay. I was going to try to do it all
in one shot, but we can do it individually as you go. I'm -- it's been
moved and seconded that we maintain the millage-neutral position.
March 12, 2019
Page 44
Any 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.
Now it's Commissioner Taylor's turn.
COMMISSIONER TAYLOR: Your shortfall, now that we have
a millage-neutral property tax increase, for the new initiatives is
$17,470,200; is that correct?
MR. ISACKSON: Yes, ma'am.
COMMISSIONER TAYLOR: Oh, good. I read it right.
MR. ISACKSON: That's assuming all of those initiatives come
true and all of those initiatives are expensed like we've suggested
they be expensed. So there's -- you've got some play there, certainly.
COMMISSIONER TAYLOR: All right. And, you know, let's
just assume that's the figure. And I don't remember this, so help me.
That's a significant amount of belt tightening; is it not?
MR. ISACKSON: Well, when you look at it -- here's what we
don't -- what we don't know is we don't know what taxable value is. I
don't know what the totality of the appropriations are going to be
when we have our County Manager budget review sessions.
We've got a substantial amount of budget flexibility, which I
always build into the process. Now, you start looking at my cash
position, which I've purposely increased radically. So I think we
have a fighting chance at getting to a lot of that stuff that's on that list
March 12, 2019
Page 45
right now.
COMMISSIONER TAYLOR: Now, if you would refresh my
memory, the appreciation of taxable value in Collier County the last
tax year, what was it?
MR. ISACKSON: We were up 5.8 or 9 percent. That number
sticks in my mind. That was the tax base increase last year.
CHAIRMAN McDANIEL: I thought it was 5.6.
MR. ISACKSON: Countywide, you're probably right.
COMMISSIONER TAYLOR: You were pretty accurate with
that.
MR. ISACKSON: I think I was a tenth off.
CHAIRMAN McDANIEL: We'd estimated it at 6 percent. I'm
not taking his fire. I just --
COMMISSIONER TAYLOR: No, I need to know. So what I'm
pointing out is that taxable value seems to be leveling out or dropping
a little bit.
MR. ISACKSON: If you looked at the last pages of the policy
document, we're projecting it, while going up, going out at a much
slower rate going forward.
COMMISSIONER TAYLOR: Thank you. I'll read that last
page of the policy document.
MS. ISACKSON: Last 10 pages, yes, ma'am.
CHAIRMAN McDANIEL: By the way, for anyone suffering
from insomnia, that 54 pages will help. It took me seven hours to
read that; seven hours.
MR. ISACKSON: It took me a lot longer to prepare that,
sir.
CHAIRMAN McDANIEL: I would imagine.
COMMISSIONER TAYLOR: Every paragraph is --
CHAIRMAN McDANIEL: I would imagine.
Anybody else? I have a couple of statements, but I want to wait till --
March 12, 2019
Page 46
COMMISSIONER SOLIS: I have one thing. And I think it
might be helpful just for anyone that doesn't have insomnia and wants
to read the whole thing. Just -- could you just speak to how this
relates to the sales tax and the funding coming from the sales tax,
how it relates or doesn't relate or the pressure that, in fact, the
projects that are going to be funded -- the capital projects to be
funded by the sales tax is going to put on the county's budget. I think
that would be helpful for people to understand.
MR. ISACKSON: This is the putting -- I'm having the County
Manager put on the visualizer -- this was Exhibit A of the ordinance
that was passed essentially authorizing the referendum. This is kind
of the Bible, I guess, that we're all working off of at this point. And
remember that the referendum was only to reduce the amount of
borrowing that we were going to undertake, because if the
referendum had failed, you'd be on the market, because most of these
projects that they're listing, or at least the ones on the general
governmental side, you would have gone after anyway through
probably a more competitiveness financing package.
So the operative column is that current shortfall column, because
you've got funding in place for some of these initiatives.
Commissioner Solis talks about pressure on the budget. The
pressure on the budget will be how are you going to maintain that
asset 10, 15 years down the road, and that's why we're suggesting
beginning to set up a long-term capital asset replacement fund.
MR. OCHS: Mark, also, not to interrupt, but -- or/and how to
operate and maintain once we open a new facility. You've got to
staff it, and you've got to operate it; you've got to maintain it.
COMMISSIONER SOLIS: Sales tax can't be used for that --
MR. OCHS: No, sir. Only for bricks and sticks, as they say.
MR. ISACKSON: I think those are the two takeaways when it
comes to budgetary impacts, certainly; there's the long term and then
March 12, 2019
Page 47
there's the near term.
COMMISSIONER SOLIS: Okay. Thank you.
CHAIRMAN McDANIEL: I have a couple of general
statements that I want to -- I have a lot of statements, but I'm going to
make a couple of general statements.
I'm in -- I'm okay in general with the recommended guidance
that staff is giving us to go back as policy. I would like to make a
couple of global statements. And, again, last year I had a suggestion
about the expense decrease in lieu of a pay increase across the board,
and that didn't meet with any favorable response. I would like for us
to give that consideration.
If you saw in the budget package there was delineation of other
officers -- constitutional officers, and the Board, the county, picks up
80 percent and 20 -- and on an 80/20 split with our employees, and
the other constitutionals pick up a much higher amount. And I shared
last year that to our employees it's the same bottom line in their
paycheck whether we assist with expense reduction or increase in
income. And, necessarily, it's better for us with the reduction in
FICA, MICA, and federal withholdings that go on in perpetuity if we
would look at that. I would like for us to do that, one. Of course, not
today we don't have to have that lengthy discussion.
But I also would like for us, where legal, County Attorney, to
look into incentive pay processes where we can, in fact, do it. It's a
little -- it's difficult in the government sector than what I'm used to in
the private sector, but I would also like to have that explored as we
go forward to assist with offering pay raises to those who are
participatory in saving the taxpayers' money so -- obviously, only on
the legal basis.
I want to call attention to a line item up on that first page, and if
you'll recall last year, I had proposed, in lieu of a 2 percent expense
increase across the board, I had proposed an expense neutral from the
March 12, 2019
Page 48
year before, and our -- through superior management, our County
Manager, Deputy County Manager, and Mr. Isackson, the
carryforward number shows an enormous amount of very prudent
expense management.
But what I would like to share with my board is these folks
aren't going to be here forever, and it was done through superior
management, not by policy. And when policymakers change and
management changes, there may be times when those that are less
prudent with regard to the expenditure of our monies are, in fact, in
positions of power.
So I would like for our board to take initiatives along the likes of
dictating more policy with regard to how the necessary expenditure
of taxpayer money is facilitated and not leave it so much to the
superior management techniques of our senior staff.
I am pleased -- please, by no means -- and I am offering this -- I
hope this is coming out as a compliment, Mark. I don't mean this in a
negative way by any stretch.
MR. ISACKSON: I'm losing my hair.
CHAIRMAN McDANIEL: Well, I'm right behind you -- and
it's evidenced in fold with that $5 million first time ever in the history
of Collier County, necessarily, a line item appropriating revenues for
replacement of facilities.
A $3 billion asset company like Collier County has never, in its
history, appropriated that line item. And I applaud our senior staff
for that particular acknowledgment. So that's a -- that also is a
compliment as well.
Commissioner Solis, you and I traveled -- were you -- I don't
know, you had to leave earlier in Tallahassee. Were you with me --
with us when we met with the -- with the EOC in regard to the
FEMA reimbursement, or had you left?
COMMISSIONER SOLIS: No, I had to leave for part of that
March 12, 2019
Page 49
meeting.
CHAIRMAN McDANIEL: Okay. Have we gotten any updates
as -- because I know when I was in Tallahassee, Len Price was
sending emails by the hour as to where we were at with regard to
that, and I sat with the new secretary who said, you know, you may
be expecting a visit from the Governor, and I hear within a week or
so with your check, your first 40 some odd million -- 47 million, I
think, is what he represented, but -- and now I heard it went from --
the state blessed it, and now it went back to the federal government.
MR. OCHS: Nick can give you a quick update on that, sir.
CHAIRMAN McDANIEL: Nick or Len.
MR. OCHS: Or Len. I'm sorry.
MR. CASALANGUIDA: As Len walks up, it's all the same
message.
MR. OCHS: Go ahead. I didn't know Len was back there.
CHAIRMAN McDANIEL: She always is, but she sits back
there.
MR. OCHS: I know.
MS. PRICE: I try and hide as much as I can.
Good morning, Commissioners. For the record, Len Price.
The $46 million is currently at what they refer to as the
multi-million-dollar congressional review. So that, they tell us, takes
between seven and 10 days. So we're counting down the clock for
that, but that should be the very final review before they cut the
check.
MR. OCHS: Then where does it go?
MS. PRICE: To us?
MR. OCHS: Directly?
CHAIRMAN McDANIEL: Back to the state?
MS. PRICE: I believe -- the state is actually currently reviewing
the payment. So as soon as the amount is obligated, we shall be able
March 12, 2019
Page 50
to receive that funding. And that generally goes through ACH
directly into our account.
CHAIRMAN McDANIEL: Outstanding.
MS. PRICE: So we're getting extremely close but, you know,
it's one of these things where I keep cutting the time in half and in
half, but I feel like I never quite get there.
CHAIRMAN McDANIEL: It was three weeks ago when I was
in Tallahassee and was told it was going to be within a week then by
them, and then it turned around and went back to the feds. So thank
you very much for the update.
MS. PRICE: Federal government, any day now.
CHAIRMAN McDANIEL: Yes. Yes, ma'am.
Commissioner Solis?
COMMISSIONER SOLIS: Well, I was just going to say, in
terms of the millage neutral as opposed to the rolled-back position,
you know, I think I was -- I was interested in what the impact would
have been with a rollback rate, but looking at the additional
obligations we're going to have because of the projects that are now
being expedited by the sales tax and the need to plan for, you know,
another hurricane -- we need to, obviously, be as conservative as we
can on that, that I'm going to support the millage-neutral position as
well.
CHAIRMAN McDANIEL: We voted on that already.
COMMISSIONER SOLIS: I know, but I just want everybody --
I just wanted to say that I was interested in the rollback rate except
that we have certain -- we're juggling a few things that I think it's
very prudent to make sure that we're going to continue setting aside
reserves for some of these capital improvement projects that are huge
projects in terms of what we've done in the past. I just want to put
that on the record that that's -- that was a concern to me, and I think
we're doing the right thing.
March 12, 2019
Page 51
CHAIRMAN McDANIEL: And I concur, it was what I was
talking about with that new line item for capital replacement of our
facilities and assets. Those are earmarks of superior management,
but I would like for us going forward to give due consideration to
more -- because there was a lot of competing factions. You saw that
list that Mr. Isackson put up. There's a lot of competing factions that
are coming at us, coming at elected officials wanting a piece of the
pie. And if -- the more specificity -- I know you like that word. The
more specificity we can offer to our staff to dictate funding for the
protection of health, safety, and welfare, and the necessities of our
community, the less discretion they're going to have to have in
creating deficits in certain capital funds in order to fund up the then
hot items that, in fact, transpire.
So I would like for us, by policy going forward, to give more
consideration to that to allow more certainty for our residents that the
priorities of this community are, in fact, where they need to be in
protecting -- keeping our neighborhoods and our families safe, so...
COMMISSIONER TAYLOR: So when we talk about the
stormwater utility fee next year, I'll remind you of those words.
CHAIRMAN McDANIEL: You may remind me of anything --
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: -- Ms. Taylor, just be careful what
you ask for.
COMMISSIONER TAYLOR: Health, safety, and welfare, sir.
CHAIRMAN McDANIEL: That's correct, absolutely.
Now, having said that, you need a little direction from a motion. And
I've gone back to the executive summary, and you -- we took care of
one, which was the rate neutral.
MR. ISACKSON: A suggestion, sir?
CHAIRMAN McDANIEL: Sir?
MR. ISACKSON: Suggestion.
March 12, 2019
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CHAIRMAN McDANIEL: Please; come on.
MR. ISACKSON: Approve all the remaining budget policies as
recommended and then the resolution, all in one motion, and the
resolution which establishes the budget submittal dates for Clerk
Kinzel of the Courts, police -- or for the Sheriff, excuse me, and the
Supervisor of Elections, and then to set your June workshop and
September public-hearing dates as contained in the documentation.
CHAIRMAN McDANIEL: What he said.
COMMISSIONER SOLIS: All that, and in all one motion?
COMMISSIONER TAYLOR: And I'll second that.
COMMISSIONER SOLIS: So moved.
COMMISSIONER TAYLOR: And I'll second that.
CHAIRMAN McDANIEL: Any other discussion,
Commissioner Saunders?
COMMISSIONER SAUNDERS: No. I support the motion.
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. ISACKSON: Thank you, Commissioners.
CHAIRMAN McDANIEL: And with that, we are going to take
a 10-minute break to give Terri a minute.
MR. OCHS: Thank you.
CHAIRMAN McDANIEL: Ten; we'll be back at 10:40.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, please take your seats.
March 12, 2019
Page 53
Mr. Chairman, you have a live mic.
Commissioner Saunders, are you on the line, sir?
COMMISSIONER SAUNDERS: Yes, sir, I am. Thank you.
Item #11B
RECOMMENDATION TO AWARD AGREEMENT NO. 18-7474
IN THE TOTAL AMOUNT OF $77,653,700 TO THE MITCHELL
& STARK CONSTRUCTION CO., INC./JOHNSON
ENGINEERING, INC. TEAM FOR "DESIGN-BUILD OF
NORTHEAST SERVICE AREA INTERIM WASTEWATER
TREATMENT PLANT, STORAGE TANKS AND ASSOCIATED
PIPELINES," WITH AUTHORIZATION TO ISSUE A LIMITED
PURCHASE ORDER IN THE AMOUNT OF $1,500,000 FOR
PHASE 1, FOLLOWED BY FUTURE PURCHASE ORDER
MODIFICATIONS FOR THE BALANCE OF THE CONTRACT
CONTINGENT UPON RECEIVING BOND FUNDING; AND
AUTHORIZE STAFF TO ISSUE A PURCHASE ORDER IN THE
AMOUNT OF $2,157,394 TO FORTILINE, INC. FOR PIPE
NEEDED FOR CONSTRUCTION WITHIN THE BIG
CORKSCREW ISLAND REGIONAL PARK SITE – APPROVED
MR. OCHS: Thank you.
Commissioners, we move to your next time-certain item. This is
Item 11B. This is a recommendation to award an agreement with
Mitchell & Stark Construction and Johnson Engineering for a
design-build of the northeast service area interim wastewater
treatment plant, storage tanks, and associated pipelines.
Total contract cost, 77 million 653 dollars -- excuse me --
653,700. Mr. Chmelik will take you through the presentation.
MR. CHMELIK: Thank you, Commissioners. For the record,
March 12, 2019
Page 54
Tom Chmelik, Public Utilities.
COMMISSIONER SOLIS: I'd make a motion to approve.
MR. OCHS: I know you've all heard this, but --
COMMISSIONER FIALA: I'd second it, anyway. You want
to -- but then we have to hear this for legal purposes, right? No?
MR. KLATZKOW: No, you don't have to.
MR. OCHS: No, ma'am.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the request. Are there any other -- is there any other
discussion?
COMMISSIONER SOLIS: Well, I mean, unless staff would
like to --
MR. OCHS: No, sir.
COMMISSIONER SOLIS: -- to do the presentation, I think --
MR. OCHS: The Board and the public has heard this before,
so...
COMMISSIONER SOLIS: Yeah, I mean, I've seen it, and it's
thorough and it makes absolute sense to me, and --
CHAIRMAN McDANIEL: And, Commissioner Saunders --
we're going to let him go first --
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: -- and then Commissioner Taylor.
COMMISSIONER SAUNDERS: Yes. The only question that I
would have is that if some of these developments in the far eastern
part of the county do not come to fruition, does that impact in any
way the need for this facility?
MR. CHMELIK: Yes, I'll answer that.
Of course, we know that we have two developments to the far
east, and if either of those go to fruition, we're good. We have
pipelines going out that can serve either or both, and to the north
those two developments are on a later schedule, and we're not
March 12, 2019
Page 55
committing construction at this time.
COMMISSIONER SAUNDERS: Let me rephrase the question.
If those developments in the far eastern part of the county, even the
ones that are in process now for zoning, if they do not become a
reality, is this plant needed?
MR. CHMELIK: Yes. And the most critical portion of this is
installing pipe within the park and within the Big Corkscrew Island
Regional Park so that that can begin construction in October of 2019.
So it's needed there, and it's needed for future growth.
COMMISSIONER SAUNDERS: All right. If it's needed for
future growth excluding the potential, again, for the eastern area not
to develop the way it's being described now, if that is the case, then I
will second the motion.
COMMISSIONER FIALA: I already seconded it.
CHAIRMAN McDANIEL: It's been moved and seconded,
Commissioner Saunders. But we're happy to hear your support.
Commissioner Taylor.
COMMISSIONER TAYLOR: Well, I'm going to follow up on
Commissioner Saunders' concerns.
What happens -- let's just -- this is not a -- this is something that
we've gone through before in 2007/2008. What happens if these
projects do not materialize for 15 years?
MR. CHMELIK: Well, Commissioner, previously, in the time
period that you did mention, we had constructed two pipelines on
Immokalee Road all the way to 39th Avenue. That was a 36-inch
water main and a 16-inch force main, and those remained unused for
approximately 10 years; however, thank goodness we have them in
the ground, because that's what we're relying on today. That's our
backbone to use to serve into the Orangetree area, which we
expanded to, and into other developments, Twin Eagles South, Twin
Eagles North along the way.
March 12, 2019
Page 56
So if the infrastructure goes in now, development is delayed, we
will be in place for when it is in our doorstep.
COMMISSIONER TAYLOR: But these projects are being paid
for, in part, a significant part, by impact fees.
MR. KLATZKOW: You will have a funding shortfall. If these
projects don't go on line, you will have a funding shortfall, which will
be made up by an increase in rates. The increase in rates will be, I
think, about 2 percent.
MR. CASALANGUIDA: Two to 3 percent, worst case.
COMMISSIONER TAYLOR: Okay. To the users, not the
users in the western part of Collier County.
MR. CASALANGUIDA: Countywide sewer district, ma'am.
COMMISSIONER TAYLOR: So the taxpayers would shoulder
a 2 to 3 percent --
MR. KLATZKOW: The ratepayers.
MR. OCHS: The ratepayers. There's a difference.
COMMISSIONER TAYLOR: Ratepayers, pardon me. Excuse
me. All right.
MR. KLATZKOW: But if you don't do it, what you're going to
have is you're going to have a balkanization of eastern Collier
County, and you'll have developers putting in not to standard or not
to Collier County standard utilities that ultimately the county may
have to take over.
COMMISSIONER TAYLOR: There's no question that we need
to be out there. There's no question. It's just, I think, for full
disclosure we need to postulate what might happen.
Thank you very much.
CHAIRMAN McDANIEL: And as a point, there are other
alternative funding sources that can come with regard to this as well
other than just ratepayers, other than just new growth. There are
other things that, in fact, can come along to facilitate a portion of this
March 12, 2019
Page 57
expense.
COMMISSIONER TAYLOR: What percent of this project is
paid by impact fees?
MR. CHMELIK: Hundred percent.
MR. BELLONE: Commissioners, for the record, Joe Bellone.
Given the current construction, about two-thirds are impact-fee
related and about one-third is user-fee related.
COMMISSIONER TAYLOR: Thank you. So we don't have
the growth, you don't have the impact fees, it's -- it is affecting a
project, two-thirds of a project's financing.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: Okay.
DR. YILMAZ: Commissioner Taylor, for the record, George
Yilmaz.
You have very good targeted questions. What we're seeing
today is one of the strategic line items that our board adopted under
integrated sustainable water resources strategy, and we did have a
number of action items. And we're fortunate that our County
Manager's Office, as well as our board, approved a number of those
prerequisite action items, including aligning our jurisdictional
boundaries with our service boundaries that will give and that has
given leverage to our governing board to decide if you want to have a
package sewer treatment plant and/or independent districts.
They don't have to go by our resiliency and utility standards. So
through means and methods we've provided to you, timing's
important, but more important, strategically, we're positioning
ourselves to serve these four villages.
Now, four villages may happen 18 months from now, 22 months
from now, or two years from now or three years from now. What
will happen, they will be in compliance with your utility standards;
furthermore, they will be aligned with your integrated water
March 12, 2019
Page 58
resources management strategy toward net zero water goal.
So this is one strategic action item following this half a dozen
processes that we did go through.
COMMISSIONER TAYLOR: Thank you, Dr. Yilmaz. And,
clearly, I support this, and your strategy, I think, is extraordinary, and
I think it's far -- far-seeing or, you know, it reaches out into the
future.
I just think it's important to understand that because someone is
trying to develop there, it doesn't always mean it moves as fast as we
would like it to, but I think it's clear that there's an awareness of this,
and a strategy to compensate for the cost, and it will be borne by
ratepayers, but that's just what we're doing right now.
DR. YILMAZ: Yes, ma'am. And one point I want to make,
sooner or later they will pay the impact fees.
COMMISSIONER TAYLOR: Yes.
DR. YILMAZ: It's all about managing the cash flow on an
annual basis at the end. When it gets to construction and when we
have the rooftops, they end up with -- at the time of connection, they
will all pay impact fees.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Dr. Yilmaz, if you don't mind,
share with me about the redundancy, the necessity for us to have this
to be able to intertwine with the balance of our wastewaters system,
how close we were with the delinquency and the dilapidated
condition of the Orangetree facility and how you were able to
intertwine and connect with the residents that are already here. Not
just -- and, I mean, you raise a good concern with regard to the
potential growth, but there's a necessity for the residents that are here
now --
COMMISSIONER TAYLOR: Oh, there's no question.
CHAIRMAN McDANIEL: -- and that's why, if you see me
March 12, 2019
Page 59
flinching when you start talking about future growth and whether or
not these new people are coming or not, this is health, safety, and
welfare for the people that are here now.
COMMISSIONER TAYLOR: No. Well, there's no question
about that.
CHAIRMAN McDANIEL: And if you would, please, indulge
me with regard to that and how this system ultimately is going to
provide for additional redundancy for the systems that we already
have in place.
DR. YILMAZ: Absolutely, Commissioner.
Our system, given the utility standards approved by this board,
will provide same level of service all the way from Pelican Marsh,
Pelican Bay, Grey Oaks, to our customer base in northeast.
So under special act, we treat our customers in terms of level of
service, resiliency, reliability at the same level.
So having said that, this eliminates potential for package/sewer
treatment plants and provides water supply, irrigation water, with
sustained water resource management.
Going back to your core portion of the question, indeed, now we
have northeast in competition in lieu of having certain development
groups being able to build their package/sewer plants and/or water
plants and being able to say we will have our own standards; we don't
have to follow your standards as the board. This provides uniformity
in terms of resiliency as well as reliability.
CHAIRMAN McDANIEL: Very good. Is there any other
discussion?
COMMISSIONER TAYLOR: And if I may, County Manager
Ochs, I'm wondering -- because Commissioner Fiala were here, but I
don't think our colleagues were here when the sustainable -- 50-year
sustainable water plan --
CHAIRMAN McDANIEL: Resource.
March 12, 2019
Page 60
COMMISSIONER TAYLOR: -- resource plan was brought
forward by Dr. Yilmaz and his department.
Maybe a brief review of that at some point in the future might be
very helpful, because it's -- it's visionary, and I think it's very
important for us.
MR. OCHS: I'll work with the Chair to find a future agenda
date for a presentation, maybe a 10-minute presentation on that.
COMMISSIONER TAYLOR: Yeah. Thank you.
CHAIRMAN McDANIEL: Absolutely. Absolutely.
Well, let's go ahead and call the question. 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. And that was a very
good presentation.
Item #9A
RESOLUTION 2019-49/CWS RESOLUTION 2019-02:
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, (1) APPROVES THE RESOLUTION TO
AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE
UTILITY INFRASTRUCTURE EXPANSION IN THE
NORTHEAST SERVICE AREA TO SERVE FUTURE
RESIDENTS AND BUSINESSES, (2) DELEGATES AUTHORITY
March 12, 2019
Page 61
TO THE COUNTY MANAGER TO AWARD BONDS TO THE
BIDDER THAT PROVIDES THE LOWEST INTEREST COST TO
THE DISTRICT, (3) AUTHORIZES PUBLICATION OF A
NOTICE OF SALE, (4) AUTHORIZES DISTRIBUTION OF
PRELIMINARY OFFICIAL STATEMENT AND A FINAL
OFFICIAL STATEMENT, (5) APPOINTS THE PAYING AGENT
AND REGISTRAR OF SAID BONDS, AND (6) AUTHORIZES
AND APPROVES OTHER MATTERS RELATED TO THE
BONDS, INCLUDING ALL NECESSARY BUDGET
AMENDMENTS – ADOPTED
MR. OCHS: Commissioners, thank you.
And now we have the follow-on item on the item you just
approved, and that would be Item 9A under your advertised public
hearings. This is a recommendation to approve a resolution to
authorize the issuance of bonds to finance utility infrastructure
expansion in the northeast service area.
And I will have Mr. Bellone either make a presentation or
respond to questions from the Board.
COMMISSIONER SOLIS: I'd make the same motion, unless
there's some need to have the presentation in the record.
COMMISSIONER TAYLOR: Second.
COMMISSIONER SAUNDERS: I'll second it.
COMMISSIONER TAYLOR: It looks like it's going to pass.
MR. KLATZKOW: Presentation's always in the backup, sir.
CHAIRMAN McDANIEL: It's been moved and seconded we
accept the resolution that's been presented in front of us, 9A. And I
don't need to read -- the recommendations of staff in the executives.
Are there any other discussions?
(No response.)
CHAIRMAN McDANIEL: All in favor?
March 12, 2019
Page 62
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. BELLONE: Thank you, Commissioners.
And just for the record, I want to let you know that a bond issue
of this size and this magnitude, it takes quite a few dedicated
professionals to do that.
On the record, I'd like to thank Derek Johnssen from Clerk's
finance; Mark Isackson, chair of the Finance Committee; Sergio
Masvidal from our county's financial advisors; and Steve Miller from
Nabors Giblin, our bond counsel is here today to support us, and it's a
huge effort, and I just wanted, on the record, to thank them for their
help.
CHAIRMAN McDANIEL: Thank you, sir.
MR. BELLONE: Thank you.
MR. OCHS: Thank you, Commissioners. We move now to
your final time-certain hearing item. It's Item 11C.
CHAIRMAN McDANIEL: We dropped 10 minutes, but we're
doing good. We're 10 minutes behind.
Item #11C
RECOMMENDATION TO PROVIDE A REPORT TO THE
BOARD OF COUNTY COMMISSIONERS, ACTING AS THE EX-
OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, AS DIRECTED AT THE
March 12, 2019
Page 63
FEBRUARY 12, 2019 MEETING REGARDING FIRE ASSEMBLY
BASE CHARGES AS DISCUSSED DURING PUBLIC
COMMENT – MOTION TO APPROVE THE “NEW” OPTION #2
– APPROVED
MR. OCHS: And this is a recommendation to provide a report
to the board -- Mr. Bellone, come on back here -- a report to the
Board regarding the fire assembly base charges as discussed at your
prior board meeting.
MR. BELLONE: Good morning, Commissioners. Again, Joe
Bellone, for the record.
Just a brief reminder when we set to do a rate study, we have
some key guidelines for the user rates. They need to be sufficient to
cover the costs of operating the utility, provide for the debt services,
as Mark is always very cognizant of, Capital Improvement Program,
and sufficient reserves.
Specifically on the fire protection fees, we were looking at the
concept of they be just and equitable and aligned with a methodology
that the Public Services Commission uses that's in accordance and
demonstrated in the Florida Administrative Code.
So where do those come from? Those guidelines come from the
special act that actually created the water/sewer district. In Section 6,
first paragraph states that the rates should be sufficient at all times to
pay for the operating expenses to maintain the system, include the
interest and principal on revenue bonds according to bond covenants,
et cetera.
The second section of the -- second statement in Section 6 talks
about rates and fees should be just and equitable and uniform, which
is the critical item that I'll focus on for uses of the same class.
That becomes important, because many of the fire-assembly
devices in our system that are attached to our potable water system
March 12, 2019
Page 64
have a meter, some sort of volume-measuring device, and some do
not. The majority do, but some do not.
So the result -- and I'll go through the history of the ordinances
and how those were levied before. Property owners with connected
fire services that have a detector or a meter in that device have been
paying these fees historically when they used water, and some have
not been paying at all, have not been paying anything.
There are some fire codes that are applicable here. And I think
what's important to note is that fire codes require certain pressures, so
many gallons per minute depending on -- very detailed, very
engineering speak, if you will. I won't go into that. But many of
these that require these fire connections to the potable water system
require a certain number of gallons per minute, which requires the
pressure in the system to be there at the time when that happens.
And also the -- 62-55.360 of the Florida Administrative Code
requires a community water system to provide a cross-connection
control program. That includes all of the cross-connection control
devices or backflow devices as you may know them that we own and
we maintain as well as privately-owned systems, and all of the fire
assembles that are connected to the potable water system, again, by
law, are required to have a double detector check valve as a means of
protecting water from passing back into the community system.
So a brief history here. Way back to at least 1997 or even
before and up through the most recent fiscal 2018, you'll see that the
basis of any charge for any of these assemblies has been usage. So if
any water passed through that device -- and, of course, it could only
be measured by those numbers of connections that have a metering
device. Those that had no metering device, there was no way of
applying this basis.
And that's what we identified as being the inequitable portion.
And you can see that, back in history, some of the monthly charges --
March 12, 2019
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and I'm using 8-inch as a base because that's, as an example, that is
the most prevalent of fire connections. Some are 6. We have very
few 10s, but most of them are 8-inch, and these were the fees that
would have been paid.
Our rate consultant looked at this and said there's -- there are
other utilities, and there's the Public Service Commission that does
this on a much more equitable basis, backed up by Florida
Administrative Code that says if you're connected to the potable
water system, as your fire code requires you to be, you can -- you can
charge a fire assembly protection fee based on the size of the
connection to the potable water system. And that really is necessary
to maintain the adequate fire flows.
I'm bringing you an example, Commissioners, that I think sort of
brings this to light. The First Baptist Church on Orange Blossom has
a 10-inch fire service connection. And in Fiscal 2018 they actually
paid a base charge twice. So they paid $5,069.80 under the prior
system. Under the revised system that you approved that became
effective October 1st of last year, their base charges, they'll pay 112
to the base charge per month, and the maximum they'll pay in a year
is $4,059. They'll actually see a savings of about $1,000 compared to
their prior-year charges.
On the other hand, First Congressional Church has an 8-inch
service connection. They did not make any base charge payments in
FY '18 either because there's no measuring device, metering device or
because they didn't actually utilize water. And, again, we've talked
about utilization of water is not the basis for a charge. It's more the
availability of fire suppression gallons per minute.
So, really, a fixed charge, not based on usage. And their base
charge is $186 and change a month or a maximum in a year of
$2,239. So they'll see an increase; some will see a decrease.
Below that, Commissioners, you'll see that the number of
March 12, 2019
Page 66
fire-assembly devices that are attached to our potable water system in
the prior rate structure that we've had for the last 20 years or so, there
were 1,031 that had -- subject to base charge, based on usage, and
225 that were not subject to it ever, and this year we have 1,256 of
those assemblies in our billing system receiving a small monthly base
charge.
The rate structure looks at the benefits that connections to our
system have. Obviously, users who have waters meters for domestic
use, for showering and cooking and drinking water, incur a base
charge every month because they use the water every month.
Those that are connected for fire protection have that availability
less frequently, but it's there when they need it. Obviously, that's
important.
The pressures in the system are required to be much higher than
they would be otherwise if we had no fire-protection systems
connected to our system. We do maintain pressure to keep the very
ends of our system in good operating condition. But we maintain
storage capacity for when there is a fire, and that drains water out of
the system. We can maintain pressures for everyone else to use by
pulling water out of the storage tanks.
So there's some costs associated with maintaining and filling the
storage tanks and, of course, operating our higher service pumps to
maintain the pressures in the system that provide this adequate
pressure.
The other item that I just want to bring to your attention is I
talked about the cross-connection control. Every device attached to
our system based on Florida Administrative Code requires a
backflow prevention, preventing water from getting back into the
public water supply for health and safety reasons. All of the devices
have some sort of -- some sort of valves in them, reverse pressure,
RPZs, or the fire assemblies have double check detector valve, a
March 12, 2019
Page 67
DCDA. All of those are required to be tested annually.
All of the backflow prevention devices or cross-connection
control devices that the county owns, we do the inspections on those
ourselves; residential, small meters are every other year. All
commercial and large meters larger than three inches are required to
be inspected every year, and our staff does that.
On the private fire assemblies that are not owned by the county,
we ask each of those property owners to have the test prepared and
done, give the paperwork to us. We then combine that with our test
results and prepare a consolidated report for FDEP.
So, Commissioners, on the fiscal side, the current rate structure,
we have about $370,000 of annual revenues anticipated for these fire
assembly connections to our system. Obviously, elimination of that
fee to maintain the revenue stream would require some change in the
rate structure somehow.
I do want to remind you that the most recent resolution that you
approved in June of last year called for a 2.8 percent rate increase --
user rate increase that became effective October 21st of last year.
Another 2.9 percent was approved for October 1st of 2019, and
similarly the same to become effective on October 1st of 2020.
I'm sure there may be other options, but we tried to outline for
you three potential options for your consideration and discussion
today. The first is maintain the current fire-assembly rate per that
special act requirement of fees being just and equitable so that all
connections pay something rather than some pay and some don't.
Option 2 would be to eliminate that charge to all property
owners and, again, not just some, but all, and then, again, we would
have to calculate a very small increase in user rates to maintain that
revenue stream. Or Option 3 we understand that it could be a burden
on those who had already done their annual budgets, organizations,
restaurants, churches, HOAs who have done an annual budget and
March 12, 2019
Page 68
this became effective during the -- it was implemented in between,
that there may be a fiscal burden for them. And one of the other
options that we thought we might bring before you to discuss would
be just suspending that charge to the end of this fiscal year to give
those organizations an opportunity to build that into their budgets.
Commissioners, that concludes my presentation. I'd be happy to
answer any questions you have.
CHAIRMAN McDANIEL: Commissioner Saunders?
COMMISSIONER SAUNDERS: I don't have any questions
right now. I'm sure we're going to have some public speakers. So I
don't have any questions or comments at this moment.
CHAIRMAN McDANIEL: That is correct, sir, we do have
public speakers, and I think we'll go to them now.
MR. MILLER: Mr. Chairman, I have two registered speakers
for this item. Your first speaker is Reverend Les Wicker. He will be
followed by Tom Henning.
REVEREND WICKER: First of all, Commissioners, I want to
thank you for listening to the public concerns regarding these fire
protection meters, taking the people of Collier County seriously and
sending this back for a study.
I do want to say to Mr. Bellone that his example of comparing
First Congressional Church to First Baptist Church may not be the
best of examples. First Baptist Church has a membership of around
7,000 people. First Congressional Church has a membership of 200
people. So let's keep that in mind when we're thinking equitable --
equitability.
I feel like this morning I am representing not just our church but
all the places of worship in Collier County. Not only places of
worship, but the nonprofits, and we have many wonderful nonprofits
which serve our communities quite well.
This morning you recognized and applauded the Shelter for
March 12, 2019
Page 69
Abused Women, a wonderful opportunity coming to Immokalee for
women that are abused along with their children. Well, guess what?
If the present assessment stays in place, the moment the shelter
opens, they will have a base water fee coupled with a water usage
fee, and on top of that, a fire protection assessment fee, because they
are large enough to require sprinklers.
Both the hydrant and the fire protection meter that we have at
our church were requirements of the county when we built the church
in 2009, as Commissioner Fiala will remember when we finally
obtained a permit to build the church.
We cooperated with the county completely. We put in the fire
hydrants. I think normally fire hydrants would be a part of the
Utilities Department but, without question, we put in the fire hydrants
and the infrastructure, our building.
On top of that we were required to put in a fire protection water
meter. So now we are being doubly penalized, because we are
paying, as Mr. Bellone has said, a base fee, a base fee like everybody
pays in Collier County. You pay it, I pay it, and the church pays the
base fee.
On top of the base fee --
CHAIRMAN McDANIEL: You're done now.
REVEREND WICKER: -- we pay for water usage. I'm done.
CHAIRMAN McDANIEL: Yes, sir.
REVEREND WICKER: You've got my point.
CHAIRMAN McDANIEL: Yeah. Oh, yeah; we heard you the
last time. I'm glad you're here again today, sir. Thank you.
REVEREND WICKER: Well, thank you so much.
CHAIRMAN McDANIEL: Yes, sir.
MR. MILLER: Your next and final speaker on this item is Tom
Henning.
MR. HENNING: Commissioners, Mr. Chairman,
March 12, 2019
Page 70
Commissioner Saunders, it wasn't my intent to ever come in this
room, speak before the Board.
CHAIRMAN McDANIEL: How's that working out for you?
MR. HENNING: Well, it just so happens I was sitting in a pew
one Sunday, and I heard Les talk about this. And I thought, well, this
is an opportune time for me to get together with Les and kind of
explain what the fee is all about; however, he showed me two bills.
One was the fire assessment fee and the other one was the general
building fee.
So I had an opportunity to talk to staff about this. The
fire-assembly fee is there for, Leo, correct me if I'm wrong, the
availability of water in case there is a fire.
So what's the base fee? How do I pay that? How do I pay in --
at my place? How does Leo pay it? Well, that's in the base charge at
his -- at his home. The base charge is the water from the ground all
the way to his house and the storage of water in case there was a fire.
So the church has a one-and-a-half-inch meter, Leo has a
three-quarters meter, and the base fees are the same except for being
that they're different size. The church is paying more; however, they
have this fire hydrant base fee, okay, assembly fee that is equivalent
to what they're paying for their other meter, including the water that
they use. So they're being charged twice for fire protection, okay.
Now, Mr. Bellone says the fees need to be just and reasonable,
equitable, as he said. So if I go down to Jamie French and get a
building permit, okay, he's not going to charge me twice. He's going
to charge me once for the same service.
Again, the church is paying for fire protection twice, the
availability of water, and that's where, in my opinion, it is not just.
It's kind of like making change out of the plate when they pass it
around, you know; just don't do that.
March 12, 2019
Page 71
So I never really understood the base rate because there wasn't
any empirical data provided to the Board, nor was it last year, on
exactly what constituted all these fees, except for what the district
costs are.
But the breakdown -- like Jamie French, when he does a fee, he
shows you, like if it's an inspection fee, what it costs the inspector,
his time, his truck, his retirement, so on and so forth, and divide it out
on how many inspections he does. That never was provided. And I
don't know if all of you ever understood what is in a base fee.
So what I'm here asking you today is put this fee off in
abeyance, come back and have something equitable, and find a way
to charge Leo a water fee if he has a fire at his house. So that's what I
request is let's not do this. Let's start over.
Thank you.
CHAIRMAN McDANIEL: Thank you, Commissioner.
All right. Commissioner Fiala lit up first.
COMMISSIONER FIALA: Okay. So how do you know -- I
mean, if they have no fires all year long, they still have to pay one of
those fees. There's three fees involved, so I'm trying to even sort out
all of these different fees.
I understand they have to have water readily available if they
ever need it for a fire, and yet I don't know the last time that I've ever
heard of a fire in a church, but -- other than a forest fire that's already
engulfing it and it's not their particular church that's causing it. It's
burning everybody out.
But other than that, I don't even know -- I don't know that we
should be charging them all of these fees. I think they're very, very
high. And you're talking about different -- Reverend Wicker just
mentioned about First Baptist versus First Congressional, and that's
so true. There's a lot of little churches that serve just certain people
that live in that area, but they can't afford that.
March 12, 2019
Page 72
And I think we have to think about it rationally, too. Do they
really have to pay the fee when they don't use the water out of the fire
hydrant all year long? I just don't think that that's right at all, to be
perfectly honest with you.
And I agree with Tom Henning; I think we ought to go back to
the drawing board and take another look.
CHAIRMAN McDANIEL: Could you do me -- Commissioner
Saunders, one second. If you would go to the slide with the three
staff-presented options.
And, Commissioner Saunders, I'm sorry. I went -- I went to the
lights first without even calling on you, so if you --
COMMISSIONER SAUNDERS: That's okay. I'm just
listening. I'm going to listen to everybody's comments.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: I do agree with what
Commissioner Fiala has just said, but I'd like to hear what everybody
else has to say as well.
CHAIRMAN McDANIEL: And I just would like, you know,
other than -- I mean, it can become very confusing about the different
fees, base fees and fire service fees and water pressure and so ons and
so forth.
I have expressed a concern about this since it was brought to our
attention and the lack of facilities for churches and not-for-profits to
be able to budget appropriately for this fee. This fee was enacted
some time ago, and then we voted on it to allow staff to go forward
with the implementation of this, and I didn't realize when we were
voting for it the implications of that.
COMMISSIONER FIALA: Me neither.
CHAIRMAN McDANIEL: So, Commissioner Solis, you lit up
there.
COMMISSIONER SOLIS: In Option 2, eliminate the charge to
March 12, 2019
Page 73
all property owners, increase user rates, and maintain the revenue
stream; I understand that. Leave user rates as-is but reduce level of
service to reduce operating costs with corresponding increased
compliance risk. Can you explain that to me? Because that just
sounds like a public-safety issue.
MR. BELLONE: Commissioner, to be honest, when we
establish the rate structure, we looked at all the operating costs,
whether they be fixed or variable, and then try and allocate them to
how they're being used, okay. So if, as an example, we were to
eliminate this charge altogether and as Commissioner Henning
actually had explained, you're removing that revenue source. The
operating expenses are actually staying the same. Debt service is
staying the same, and the Capital Improvement Program for
rehabilitation of the infrastructure is staying the same. So if you're
going to reduce the revenue, you've got to have an offset somewhere.
Now, obviously, we're not going to put the public at risk, so
we're not going to not do compliance. We're not going to not do
maintenance of the system. So you've got to find that revenue source
somewhere else.
Yes, and it's true, everyone does pay a base charge to have water
available every day when they're here. And it's set -- and, again,
that's set by meter size and depending on how much water can pass
through a meter. There are meter equivalencies. The
three-quarter-inch meter can use 350 gallons a day, that's one ERC,
that's the base. Each meter size above that has a meter equivalency
that's set by Florida Plumbing Code or AWWA Manual 14.
So that's what the rate consultants use to say for every meter size
larger than three-quarters, there is an equivalency of how much water
can pass through that. So that's how the base charges are calculated
for regular domestic connections that all the customers have.
CHAIRMAN McDANIEL: That's a long way to go to the fact
March 12, 2019
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that I think if we were to adopt Option 2, the second bullet point there
wouldn't be part of this discussion?
MR. BELLONE: No, not at all.
COMMISSIONER SOLIS: Oh, okay. Okay. That's what I --
so that's --
CHAIRMAN McDANIEL: That's --
COMMISSIONER SOLIS: That's not part of Option 2 is --
MR. BELLONE: No. Option 2, as you see on the screen, is
eliminate the charge and find a way to supplement that revenue loss.
CHAIRMAN McDANIEL: With an increase in rates.
COMMISSIONER SOLIS: Okay. I'm sorry. I'm looking in the
agenda.
MR. OCHS: It's been edited since your packet came out.
COMMISSIONER SOLIS: Okay. I'm sorry. I apologize. I
pulled it up and it --
CHAIRMAN McDANIEL: Because in our -- I'm actually
looking at it on the agenda as well, and that second bullet point that
was a portion of the packages is --
COMMISSIONER SOLIS: Okay. I apologize.
CHAIRMAN McDANIEL: -- is happily gone. I think we
talked about that yesterday, didn't we?
MR. OCHS: We did.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: So the pressure to put water in
your house is different than the pressure that you would use in a fire;
is that correct? Am I understanding this correctly?
MR. BELLONE: Yes, yes, Commissioner. That's correct.
COMMISSIONER TAYLOR: And the size -- so as a
homeowner, I'm only -- I only have one charge, that water charge. I
don't have a fire-assembly charge.
MR. BELLONE: That's correct.
March 12, 2019
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COMMISSIONER TAYLOR: So why does commercial
properties, including churches, et cetera, have a different need than a
homeowner?
MR. BELLONE: They have a separate connection. It's a
dedicated fire service with a much larger connection to the potable
water mains that allow the required amount of water to pass through
to fight a fire, and those are set by the numbers of gallons per
minutes, as I said, per the fire code that is required for that fire
protection system.
COMMISSIONER SOLIS: That's connected to the sprinklers
and --
MR. BELLONE: Either sprinklers or fire hydrants that are on
the private property.
COMMISSIONER SOLIS: Okay.
COMMISSIONER TAYLOR: Okay. And that's why, because
the commercial property, of course, has different needs.
So let's just say that someone has a, I don't know,
5,000-square-foot house and they want to put sprinklers in their
house, are they charged a fire-assembly charge?
MR. BELLONE: The engineer of record would look at the fire
protection system. If it wasn't required by fire code but you wanted
one to protect your home, the engineer of record would choose the
device to provide the property appropriate fire flows for that. So if
it's a single-family home, 5,000 square feet, again, as an engineer --
I'm not an engineer. I don't know what the fire flows would be for
something like that. But you would want a dedicated fire service so
that you had the adequate fire flows.
If you have -- a 5,000-square-foot house is probably going to
have a one-inch meter. It probably provides enough for showers and
toilets and dishwashers and those sort of things. A private fire -- or a
separate fire connection would probably be larger than that to provide
March 12, 2019
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the adequate pressures to run the sprinklers. So there would be a
separate -- there would be a separate connection.
COMMISSIONER TAYLOR: So that's why in condominiums,
a condominium building they may be smaller square foot, but there's
a lot of them. That's why these meters are put in there.
MR. BELLONE: And Nick and I were talking about this, where
I live it's a three-plex, so there are three units in one condo building.
Because we're interconnected, we're required by code now to have
sprinklers.
And so I have a -- I have an individual three-quarter-inch meter
that feeds my domestic use, and there's a 2-inch fire connection that
provides a sprinkler system to the three units that are in the building.
So there are two.
COMMISSIONER TAYLOR: Do we have an option as a
county to ignore the fire code?
MR. OCHS: No.
COMMISSIONER TAYLOR: Requirement? We don't, do we?
CHAIRMAN McDANIEL: It's statute.
MR. OCHS: It's Florida Building Code.
COMMISSIONER TAYLOR: It's Florida Building Code.
MR. OCHS: That's what you follow.
COMMISSIONER TAYLOR: Okay. What we do have the
option is to determine the rates that are being charged.
MR. BELLONE: Yes, Commissioners. As the ex officio
governing board of the water/sewer district, you have sole discretion
on rates.
COMMISSIONER TAYLOR: And those rates are
recommended by staff based on the expenses that are incurred
countywide to maintain this system; is that correct?
MR. BELLONE: The rate consultant takes about six months to
analyze the expenses, the recent expenses, and going back five years
March 12, 2019
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and then takes those and projects them going forward, and it looks at
every one of our charges. It may look at water distribution and say
how much salaries do you have? What are the medical benefits?
What are the operating costs involved in operating that particular
department or that particular section within that division? And it
does that for every single employee of the utility, what charges they
have, what is the benefit to the system, and then they separate that
into these separate charges.
CHAIRMAN McDANIEL: I have a question, and I'm inclined
to lean towards Option 2, but the question is, you've represented
some of the ratepayers have paid fees. If we were to adopt Option 2,
how would the -- how would that be managed for those that had paid
and those who had not?
MR. BELLONE: Commissioners, if you were to eliminate it
going forward, there would be no further charges going forward.
CHAIRMAN McDANIEL: So we're not going to retroactively
go back for those that had paid and --
MR. OCHS: We wouldn't recommend that, sir.
MR. BELLONE: We wouldn't recommend that.
CHAIRMAN McDANIEL: That was a question I had. You
used the example of First Baptist and our other -- I'm sorry, I forgot
the name of the church for the minute, but I'm inclined to go there.
That was a question that I had as to how to manage it, and I think that
necessarily takes care of our not-for-profits and churches and
protection.
COMMISSIONER SAUNDERS: And, Mr. Chairman?
CHAIRMAN McDANIEL: Yes, sir.
COMMISSIONER SAUNDERS: Can I make a comment? I
think I agree with you, and part of my rationale is that we all benefit
countywide from fire-suppression services. So, for example, you
may live out in a single-family home in Golden Gate Estates, but
March 12, 2019
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you're going to be in churches from time to time, you're going to be
in movie theaters, you're going to be in shopping centers, and so
we're all protected by having fire-suppression systems in these public
spaces, whether they be not-for-profit or for-profit.
And so I think that the rationale for saying let's spread those
costs out amongst all of the ratepayers because, again, we all benefit
from it. So I think I would support you on your conclusion that a
No. 2 option, spread these costs out to all of the ratepayers as a
countywide benefit, I think, makes sense.
CHAIRMAN McDANIEL: Well, then I'll make that a motion.
COMMISSIONER FIALA: I'll second it.
COMMISSIONER SAUNDER: Well, then I'll second it.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we apply the new Option 2 that was -- I haven't gone
to -- we'll go to --
COMMISSIONER SOLIS: Discussion?
CHAIRMAN McDANIEL: -- discussion in a second. So it's
been moved and seconded that we apply the new printed Option 2 as
the resolution to this circumstance.
Now we'll have discussion.
COMMISSIONER SOLIS: Just -- just to make sure I
understand, I've looked at this from both sides. If we take Option 2,
then everyone in the county that is hooked up to the water system
will pay an additional charge on their basic water bill that will cover
the loss of revenue from these fire-assembly charges.
MR. OCHS: Yes.
COMMISSIONER McDANIEL: And so -- and that will -- for
example, a residential single-family home doesn't have any
sprinklers, doesn't -- that will -- they will pay more to help defray the
costs for commercial properties that have sprinklers and other kinds
of fire-suppression systems.
March 12, 2019
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MR. OCHS: Correct.
CHAIRMAN McDANIEL: Do you have an estimate as to what
that expense might be? It's says here that it is a small --
COMMISSIONER SOLIS: Three hundred and --
COMMISSIONER FIALA: Three dollars annually.
MR. BELLONE: It's small. To make up $370,000 in revenue,
on a basic single-family home that uses 5,000 gallons -- again, this is
our standard, kind of, measurement. A single-family home with a
three-quarter-inch meter that uses 5,000 gallons, their average bill is
just under $100. And we estimate to make up $370,000 would be
about a .25 percent rate increase. It's about $3 a year.
COMMISSIONER SOLIS: Three dollars a year?
CHAIRMAN McDANIEL: Correct.
MR. BELLONE: It's a large base, a large customer base,
Commissioners.
MR. OCHS: Yeah. I mean, if you're a commercial, you're
going to pay --
MR. BELLONE: You can pay more.
MR. OCHS: -- considerably more --
COMMISSIONER SOLIS: Right.
MR. OCHS: -- but the average residential is about $3 a year.
COMMISSIONER SOLIS: The increase will apply to
commercial properties as well?
MR. OCHS: All accounts, yes; all ratepayers.
COMMISSIONER TAYLOR: But the commercial properties
would be paying a fire-assembly charge.
MR. BELLONE: Well, we would eliminate the fee entirely,
so...
COMMISSIONER SOLIS: We would eliminate that.
COMMISSIONER TAYLOR: No, no, no. But right now they
are paying it.
March 12, 2019
Page 80
COMMISSIONER SOLIS: Right.
COMMISSIONER TAYLOR: So they -- it's a lot better?
COMMISSIONER SOLIS: Yeah, they're --
COMMISSIONER TAYLOR: They're making out.
COMMISSIONER SOLIS: Their overall bill is going to go
down because we're spreading it all over for everybody.
COMMISSIONER TAYLOR: That's right.
CHAIRMAN McDANIEL: Not-for-profits, everybody.
COMMISSIONER SOLIS: Right. It's not just churches and
not-for-profits. It's for all the commercial properties.
MR. BELLONE: Commissioners, if you think, about 86 percent
of our customer base are single-family, three-quarter-inch
connections to our system.
CHAIRMAN McDANIEL: And as Commissioner Saunders
put, you know, there's a benefit to everyone, all of the residents of
Collier County for the fire-suppression availability in commercial
facilities as well.
Yes, ma'am.
COMMISSIONER FIALA: Just out of curiosity's sake --
MR. OCHS: Commissioner, we can't hear you.
COMMISSIONER FIALA: Oh, I'm sorry. Just out of
curiosity's sake -- I understand with forest fires or something that we
have absolutely no control over, and they can go crazy. That's one
thing.
How many house fires or church fires do we have a year? Yeah.
I know you have to have the water available, but how many times do
we need it? I'm just curious. I mean, this is -- it's a big amount
coming in, but I don't know if we use it.
MR. BELLONE: Well, Commissioner, actually, we do use it to
maintain the pressure in the system. You'll remember the fires on
951 a little more than a year ago -- I don't know exactly the timing.
March 12, 2019
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That was a huge drain on the system. Now, those were from fire
hydrants on the water supply, but that did drain water out of the
system, and our plants had to gear up. We had to drain water out of
the tanks to fill the system so that if Leo wanted to use water, if we're
using him as an example, he still had water to -- you know, to brush
his teeth to come to work while the fires were being fought, you
know, on 951.
The other example is the Publix on the Randall Curve. You'll
remember that they were delayed for a long time because they could
not pass the fire test. Pressures were not adequate coming from the
Orangetree. When we took over, we rehabbed the high service pump.
We have that working harder. That's using more electricity. The
pumps work longer and harder. It increases the electricity cost. They
passed their fire test, and they got their CO.
COMMISSIONER FIALA: So my point is that it's better that
we're spreading it out through everyone for three bucks a year rather
than charging the churches?
MR. BELLONE: That's -- Commissioners, that's your --
COMMISSIONER SOLIS: Well, it's not only -- but it's not only
the churches.
COMMISSIONER FIALA: I know. It's the other --
COMMISSIONER SOLIS: It's all commercial properties.
COMMISSIONER FIALA: That's what I mean. Well, I stated
churches, but we were talking also about non-for-profits and
everybody else.
COMMISSIONER SOLIS: And for-profit.
CHAIRMAN McDANIEL: For-profit, commercial --
COMMISSIONER SOLIS: Everybody.
CHAIRMAN McDANIEL: -- facilities, everybody, and we
are --
COMMISSIONER TAYLOR: Restaurants.
March 12, 2019
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CHAIRMAN McDANIEL: -- adhering to the Florida Statute
requisites to have to have fire suppression in commercial facilities,
so -- and that's the public benefit that comes by spreading this out.
Commissioner Solis.
COMMISSIONER SOLIS: I'm just curious, have you looked at
what other counties are -- how they handle this? I mean, what's --
MR. BELLONE: I spoke to Bob Middleton, who's the utilities
director for the City of Naples, and all of their fire assemblies have
metering devices, have measuring devices in them, and he charges
each of them an administrative fee on an annual basis to read the
meters. That's his workaround.
MR. OCHS: Plus usage.
MR. BELLONE: Plus usage.
COMMISSIONER SOLIS: Plus usage. So it's sort of like the
system we have, and there's no distinction between nonprofits or for
profits or anything?
MR. BELLONE: No, sir. All he said. There are about 300
connections, and they're all charged an administrative fee.
COMMISSIONER SOLIS: Any idea what Lee County does,
just out of curiosity?
MR. BELLONE: No, sir. I mean, our rate consultant was using
the Florida Administrative Code for the code that the Public Services
Commission uses for regulating other utilities --
COMMISSIONER McDANIEL: Okay.
MR. BELLONE: -- since it has a basis in the administrative
code.
COMMISSIONER SOLIS: Right. Just curious. Thanks.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that Option 2 be adopted. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
March 12, 2019
Page 83
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. BELLONE: Thank you, Commissioners.
CHAIRMAN McDANIEL: Thank you.
Item #10A
RECOMMENDATION TO APPOINT TWO COMMISSIONERS
AS REGULAR MEMBERS, AND THREE COMMISSIONERS AS
ALTERNATE MEMBERS, FOR A ONE-YEAR PERIOD ON THE
VALUE ADJUSTMENT BOARD – MOTION FOR
COMMISSIONER SAUNDERS AND COMMISSIONER SOLIS
TO CONTINUE AS REGULAR MEMBERS – APPROVED
MR. OCHS: Mr. Chairman, that takes us back to Board of
County Commissioners. Item 10A is a recommendation to appoint
two commissioners as regular members and three commissioners as
alternate members for a one-year period on the Value Adjustment
Board.
COMMISSIONER FIALA: When do they meet, Leo?
COMMISSIONER SOLIS: Excuse me. I chuckled.
COMMISSIONER FIALA: I noticed.
MR. OCHS: Yeah. I mean, Commissioner Solis could probably
tell you since he's serving currently, and I know Commissioner
Saunders did.
March 12, 2019
Page 84
COMMISSIONER TAYLOR: He does such a fine job --
COMMISSIONER SOLIS: No, I think someone else --
COMMISSIONER FIALA: Oh, that's a good idea.
COMMISSIONER SOLIS: I'm going to -- I'm going to move --
I'll make a motion. How's that?
CHAIRMAN McDANIEL: I'm not going to accept a motion.
COMMISSIONER TAYLOR: No, no, no. You can't name
anyone.
CHAIRMAN McDANIEL: Not from you or Commissioner --
I'm temporarily --
COMMISSIONER SOLIS: There's no conflict of interest on
me --
CHAIRMAN McDANIEL: Temporarily --
COMMISSIONER SOLIS: -- making a motion, is there?
CHAIRMAN McDANIEL: -- closing the option for
Commissioner Saunders to speak right now.
MR. KLATZKOW: It is not a conflict of interest. You can
draw straws if you want.
COMMISSIONER TAYLOR: Wait, wait, wait.
COMMISSIONER SAUNDERS: I have no problem continuing
to serve on the Value Adjustment Board.
CHAIRMAN McDANIEL: Oh, outstanding.
COMMISSIONER FIALA: Good, okay. He can be chairman.
COMMISSIONER SOLIS: He's the chairman, right. He's the
chairman right now.
COMMISSIONER FIALA: Oh, is he? Good, he can stay.
COMMISSIONER SOLIS: No, I'm joking. I'll -- if it's the
pleasure of the Board, I'll continue.
COMMISSIONER FIALA: When do they meet? Do they meet
in the summer?
COMMISSIONER SOLIS: I think we meet twice at least or it
March 12, 2019
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may be three times throughout the summer mainly, right? I think the
last meeting when Commissioner Saunders took over as chair ended
in record time. I think maybe 30 minutes.
CHAIRMAN McDANIEL: So I'm going to make a motion that
the two commissioners currently serving continue on.
COMMISSIONER FIALA: I'll second the motion, yeah.
CHAIRMAN McDANIEL: And we're not going to open up for
any further discussion.
COMMISSIONER FIALA: Excuse me.
CHAIRMAN McDANIEL: Is there any further 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. There we go.
MR. OCHS: Thank you.
CHAIRMAN McDANIEL: Thank you for your service,
gentlemen.
COMMISSIONER TAYLOR: Just as a note, because we're all
kind of waiting for you to pass the gavel, sir, the way the -- I don't
know if it was the executive summary, but there was a letter, and the
way the letter was written it was like, these men need a break.
They've been on here too long. Where are the rest of you? And so I
was really prepared for that, so thank you very much, Commissioner
Saunders and Commissioner Solis, for continuing.
CHAIRMAN McDANIEL: He was about to go down that path,
March 12, 2019
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but we didn't let him.
COMMISSIONER SOLIS: You know, I think one of the things
to say is that, I think the Property Appraiser does a good job with
people that file petitions and have concerns about their assessments
and things, and most of it is all worked out either with the Property
Appraiser or -- and/or through the magistrate's process. There's a
magistrate that hears a lot of them.
So I don't know that we actually had to hear anything last year.
But I think it's a testament to the Property Appraiser's staff and
our staff working with everyone.
Item #10B
RECOMMENDATION TO DIRECT THE COUNTY ATTORNEY
TO ADVERTISE AND BRING BACK FOR A PUBLIC HEARING
AN ORDINANCE TO BE KNOWN AS “THE COLLIER COUNTY
PROPERTY ASSESSED CLEAN ENERGY (PACE) CONSUMER
PROTECTION ORDINANCE” – MOTION FOR THE COUNTY
MANAGER TO BRING BACK A PROPOSED NOTICE FOR
PROVIDERS TO ENACT THE 90 DAY TERMINATION CLAUSE
OF THE RESIDENTIAL PROGRAM ONLY AND STAFF TO
PROVIDE DATA ON THE EXISTING PROGRAM AT NEXT
MEETING – APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 10B, which is
a recommendation to direct the County Attorney to advertise and
bring back for a possible -- excuse me -- for a public hearing an
ordinance to be known as the Collier County Property Assessed
Clean Energy Consumer Protection Ordinance. I believe
Commissioner Taylor brought this forward.
COMMISSIONER TAYLOR: Yes. Thank you very much.
March 12, 2019
Page 87
And I did work with the County Attorney on this and,
specifically, there has been concerns from the community. I
certainly, as we all did, have been reading the front page of the
Naples Daily News about one contractor in particular and the
problems that people have incurred under his business plan, and then
Habitat for Humanity came in and spoke to me, and I'm fairly sure a
lot of us, at length about the challenges that their tenants and their
homeowners have had.
And I just think at some point accountability needs to be brought
into this mixture, and I'm hoping that there's an agreement by this
board to move this ordinance to be advertised.
And that's -- basically, I think what it does is put the PACE
provider responsible for the action of their contractors, and that's it in
a nutshell. And I think that can only bode well.
CHAIRMAN McDANIEL: You want to go before public
speakers?
COMMISSIONER FIALA: Yes.
CHAIRMAN McDANIEL: Okay. Commissioner Fiala.
COMMISSIONER FIALA: Commissioner Taylor, you and I
had very strong feelings about this when it came before us in the first
place. We both voted against it because we felt that the people that it
would appeal to is the people who are disadvantaged who are maybe
in the poor category or elderly who don't understand it, and then
when they would go in there and say -- and it's endorsed by the
county, that even looks worse. That's what we hated to see as well.
And just as we had thought, that's exactly where they went.
They went to the elderly. They went to the Habitat for Humanity.
They went to the poor communities and, of course, when they don't
pay, as it says right there, then they take their house.
And I did not like the program in the beginning, couldn't vote
for it, and objected bitterly to it, and so did you. And I still do. And I
March 12, 2019
Page 88
don't know -- I don't know that we can take it back, but I sure want to
cripple it in any way I can.
CHAIRMAN McDANIEL: Thank you. And now we do have
public speakers.
MR. MILLER: Mr. Chairman, we have four registered speakers
for this item. Your first speaker is Devesh Nirmul, to be followed by
Lisa Lefkow.
MR. NIRMUL: Good morning. Devesh Nirmul. I represent the
Florida PACE funding agency special financing PACE district and
Counterpointe Energy Solutions. I reside out of Tampa, Florida.
I'm here -- I did have a chance to discuss with the other PACE
districts the ordinance that's on the table. We do support the
codification of consumer protections. We did have a chance to speak
with -- several of us from different districts, with Jamie French earlier
today on the expectations and observations around consumer
protections.
We'd like the opportunity to sit down with all of the
commission, with staff, the County Attorney, the Building
Department, Growth Management, to go over our existing consumer
protection policies and programs and exactly how we interact with
the customer and the contractor and make sure that that's all clarified
and clear.
There is a baseline set of protections that exist with PACE that
don't exist with other financing mechanisms. We want to make sure
that that is understood, as well as the thoughts and feedback you-all
have on the program here in Collier County. Thank you so much.
MR. MILLER: Your next speaker is Lisa Lefkow. She'll be
followed by Mike Schumann.
MS. LEFKOW: Good morning, Commissioners. Normally you
see me here supporting Habitat for Humanity initiatives. Today I'm
speaking on behalf of the wider community regarding this program.
March 12, 2019
Page 89
You know, with no income verification, no loan-to-value
assessment, no credit check, high interest rates, what has resulted are
Triple A rated loans with the county serving as the collection agent,
and information gathered widely on the PACE program and how it
has been enacted and used across the United States, what we have is
an assessment rather than loan, and the PACE program historically
has not had to provide homeowners the same levels of disclosure
about financing costs that traditional lenders must provide.
These problems create a situation in which homeowners
suddenly owe far more in property taxes than they can afford to
repay, and this is especially true for retirees, for disabled
homeowners, or those on fixed incomes.
Interest rates for PACE programs are generally 3 to 4 percent
higher than for traditional mortgage loans with an additional
administrative cost that bumps that up closer to 5 percent.
Many buyers and sellers have had difficulty with the sales of
homes with PACE tax assessments. From the fine and verifiable
source of Wikipedia, homeowners have complained that PACE
contractors are lying about the costs of financing as a part of selling
the program, and these problems create a situation in which
homeowners can suddenly owe far more than what they're able to
repay.
Homeowners have reported that there are massive differences
between the lump sum of payment required with the first assessment
and nowhere near the monthly reported costs evaluated in their
escrow.
Problem with PACE for both residential lenders and consumers
is that the tax liens for PACE financing take priority over other
lienholders, and those lienholders, as has happened with Habitat for
Humanity, may not be notified or given an opportunity to object.
Freddie Mae and Fannie -- sorry, Fanny Mae --
March 12, 2019
Page 90
COMMISSIONER SOLIS: Fannie Mae and Freddie Mac.
MS. LEFKOW: Thank you. They have both refused to
purchase or underwrite loans with existing PACE tax assessments.
They are not eligible for FHA insured financing, as the CFPB is
currently undergoing a review of PACE financing.
I am here from my perspective as a local lender with a portfolio
of over 2,000 low-income households, and the best practices by the
Department of Energy which have been spelled out have not been
followed.
I would urge you not only to do some more work on evaluating
this program and how it is locally used, but review what we can do to
continue to serve disadvantaged, low-wage, low-income, and elderly
households in a way that is far more appropriate than what this
program has allowed.
Thank you.
MR. MILLER: Your next speaker is Mike Schumann. He will
be followed by Elena Mula.
MR. SCHUMANN: Commissioners, my name is Mike
Schumann.
Just a little bit of history. I was involved about 10 years ago
when Jim Coletta was on the Board, and I was a volunteer for
SCORE, and this was in the depth of the big depression. We had
massive numbers of homeowners that were underwater that had no
ability to get any financing for anything. We had a construction
industry where it had massive unemployment, and there were a
number of us that looked at the potential for using PACE as a way to
make it possible for homeowners to get financing and to do energy
improvements and to use that as a stimulus to get the construction
industry back on its feet.
And at the time what we were proposing was a program where
the county would issue general revenue bonds at very, very attractive
March 12, 2019
Page 91
interest rates and then make those funds available to homeowners in
order to kick-start the economy. That was the concept that we were
pushing. That is not what PACE is today.
The county at that time decided you didn't want to get involved
in creating the bureaucracy that would have been required, which I'm
not faulting you for, but the PACE statute, basically, sat on the shelf
and nobody did anything with it until a couple of years ago.
And it was a couple years ago that not only in Florida but also
California and some other states around the country, some clever
Wall Street financiers figured out that this is a way to make a lot of
money at no risk, and it's become a honey pot that has attracted not
only a bunch of Wall Street loan sharks, but also a bunch of
contractors who have no scruples and just want to basically sell
products to unsuspecting people that really don't know any better.
And reviewing the discussion that you had a couple years ago
when you approved this, Commissioner Fiala and Commissioner
Taylor, what you predicted was going to happen is exactly what
happened.
And I guess what I'd like to suggest is that this ordinance that's
on the table today is totally inadequate to solve the problem. It's a
Band-Aid, okay. What really needs to happen is the PACE program
either needs to completely be shut down, or we need to have a
moratorium and re-think it and put some real protections in place.
And the number-one thing that needs to be put in place is a cap
either on the interest rate on these mortgages or a limit so that, you
know, you can't have a PACE mortgage that's more than 50 percent
of the regular property tax the taxpayer's paying. Because right now
we've got taxpayers that had $300 property tax, annual property tax
payments, that all of a sudden are paying 3- to $4,000 a year. So
these people are going to lose their homes.
Thank you very much.
March 12, 2019
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MR. MILLER: Your final registered speaker on this item is
Elena Mula.
MS. MULA: Thank you very much. It's Mula. And I think I've
emailed all of you, so here is -- here's the face to the emails; I
appreciate it.
My name is Elena Mula, and I am an attorney, an executive with
close to 30 years in the infrastructure, energy, and finance sector who
also happens to hold a master's degree in public finance
administration.
I moved to Naples from Washington, D.C., in 2014, and I thank
you for your stewardship of our wonderful community.
I am also, as Lisa Lefkow and Mr. Schumann stated, concerned
with the PACE program and the scrupulous (sic) practices being
undertaken in the name of energy efficiency. This has nothing to do
with energy efficiency where regulations of such programs, among
other things, do not require contractors to prove how product
expenditures will improve energy efficiency, which is the stated
purpose of these PACE programs and, therefore, have, in many cases,
simply become a way for many unscrupulous contractors and lenders
to get around existing home-equity and personal-loan regulations.
Since PACE programs have a cloak of approval, authorization
by the government, individuals assume that these contain fair terms
and conditions. They do not. I looked at the proposed legislation. I
find it to be lacking, and either we completely strengthen it, or we are
going to face foreclosures of our elderly folks that are disadvantaged,
and either -- again, we either shut it down -- and this is coming from
an energy executive, believe me -- or we strengthen the regulations
significantly.
Thank you very much.
MR. MILLER: That was your final speaker on this item.
COMMISSIONER SAUNDERS: Mr. Chairman?
March 12, 2019
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CHAIRMAN McDANIEL: Yes, sir.
COMMISSIONER SAUNDERS: Let me make a comment, if I
might, because I was one of the proponents of the PACE program. I
had indicated that I had actually represented in the past one of the
PACE providers that I was very familiar with; they were very good at
taking a look at contracts, making sure that everyone fully understood
all of the terms and conditions of the loans, making sure that the
contractors completed their work sufficiently to where the contractors
were paid and not approving contractors that violated those -- as a
matter of fact, this particular provider had disqualified Bruno as an
example of a contractor that wasn't doing the right thing.
However, there are apparently some bad apples in this program.
And I think the appropriate approach -- and I'll make this as a motion
for consideration. I think the appropriate approach is to end the
program. If we're going to have bad actors, they're going to spoil it
for good actors but, unfortunately, that's what we're dealing with
here.
So I've read the ordinance that has been drafted. Quite frankly, I
agree with some of the comments. It goes part of the way, but
perhaps not far enough to protect consumers, and I think the only
way to protect consumers is let's just have staff come back with an
ordinance to end the PACE program going forward.
I'll make that in the form of a motion.
COMMISSIONER TAYLOR: I'll second that motion, sir, if
that's a second -- I'll second that motion, sir, if that's a second (sic) --
if that's a motion you made.
COMMISSIONER SAUNDERS: Yes, that is a motion.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded, and I have a couple of lights that are up here as well that
we -- now, are you suspending it or putting on -- are you specific --
are we ending it indefinitely, or are you proposing a term
March 12, 2019
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moratorium?
COMMISSIONER SAUNDERS: Well, there's some legal
issues associated with it. Obviously, this would not impact existing
mortgages and loans, but I would want to put the PACE providers on
notice going forward as far as from today forward that we're going to
end the program; that staff's going to have to come back with us with
ordinances or information on how we can do that.
MR. KLATZKOW: You have a 90-day termination clause in all
your agreements with the PACE providers.
COMMISSIONER TAYLOR: Great.
CHAIRMAN McDANIEL: All right. It's been moved --
COMMISSIONER SAUNDER: Then I think we should
emphasize that.
CHAIRMAN McDANIEL: It's an indefinite suspension?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: Suspension of the program.
COMMISSIONER FIALA: We were going to not end it?
COMMISSIONER TAYLOR: We're ending it. It's not
suspended.
COMMISSIONER SAUNDERS: It's an ending of the program.
COMMISSIONER FIALA: Okay. That's what I thought.
CHAIRMAN McDANIEL: That's different than an indefinite
suspension, and we can't really enact that for 90 days.
COMMISSIONER FIALA: Well, we start it today, though.
MR. KLATZKOW: You would -- I would suggest if this is the
direction the Board wishes to go, you ask the County Manager to
bring back an item for the next meeting, and you can send out a -- the
item would be to send out a notice of termination to the PACE
providers. The notice would be effective in 90 days.
COMMISSIONER TAYLOR: And then what about --
March 12, 2019
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CHAIRMAN McDANIEL: Hold on one second.
COMMISSIONER TAYLOR: Can we do anything to notify --
CHAIRMAN McDANIEL: There are other people that are up
here that wish to speak before we go there.
COMMISSIONER SAUNDERS: Just to clarify then, the
motion is -- has been modified based on the comments from the
County Attorney. I would ask that you come back at the next
meeting, provide official notice that we're starting the 90-day clock
starting today, and come back with whatever documentation or
resolutions that are necessary to formalize that at our next meeting.
CHAIRMAN McDANIEL: You good with that second?
COMMISSIONER TAYLOR: Oh, yes. I'm very happy with
that. But I do have a question about -- and I don't know if we need to
incorporate it in the motion. I think we need to somehow notify our
residents. They all have utility bills. I don't know how to do this but
certainly something could be notified to them that there -- that the
PACE program is going away.
COMMISSIONER SAUNDERS: There will be an article in the
paper tomorrow, most likely.
COMMISSIONER TAYLOR: Yeah, but they don't all read the
paper. I wish they did.
COMMISSIONER FIALA: They don't read the paper, and
many don't -- I don't even know if televisions are going to be putting
it on or so -- and then they might not be in front of the TV at that
moment.
MR. KLATZKOW: Your agreement provides that on the date
that the authority receives the termination notice, they will no longer
be taking new applications.
COMMISSIONER TAYLOR: So it's 90 days, but the date that
they are noticed that they have 90 days to close out --
MR. KLATZKOW: No more new.
March 12, 2019
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COMMISSIONER TAYLOR: No more.
MR. KLATZKOW: Yeah, the program effectively ends with
your termination notice.
COMMISSIONER TAYLOR: And that 90-day notice --
MR. KLATZKOW: It gives them a wind-up period.
COMMISSIONER TAYLOR: Okay. All right.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: I was like, Commissioner Saunders,
one of the commissioners that voted in favor of it because I
understood it to be a viable alternative that some people could take
advantage of under the right situations.
And so now we've got all these reports of bad actors, bad
contractors pushing these on people who maybe shouldn't be using
them. I mean, there's bad actors in that regard in terms of mortgage
financing as well. I mean, that's one of the things that led to the
recession, as I understand it.
But what I just want to make sure -- and I'm going to support the
motion, but I want to make sure that I understand -- I mean, in terms
of the -- and I don't know if we have any statistics, and maybe
somebody -- the gentlemen from the districts can answer this. I
mean, in terms of the total number of PACE loans or whatever we're
going to call them, I mean, how many of these have resulted in
complaints in terms of -- you know, how many of them have been
problematic, and how many of them have actually worked as an
option for people?
I'm just curious, because I don't want to throw the baby out with
the bathwater. I don't know if that's the right phrase. But I just want
to make sure that I understand that the detriment outweighs the
benefit of having the program.
I just want to make sure I'm making a well-reasoned decision,
not just based upon what's in the newspaper.
March 12, 2019
Page 97
CHAIRMAN McDANIEL: If I might address that. We're not
going back to the public to have any more comment unless somebody
has a specific question for somebody.
I -- when I was approached, or when I read this, I actually went
to our staff, Jamie French -- and, by the way, I was one of the -- also
one of the supporters of this original program and the premise behind
it, being able to assist those that might be in need.
Certainly, we're not going to willfully, on purpose, allow for bad
things to happen to people, but I'm also -- I expressed concern with
regard to the amount of PACE loans that have, in fact, been done and
how many are in default. And the difficulty with that aspect of it,
Commissioner Solis -- and I think, County Manager, you
disseminated this email to all of us. I don't know if you had -- you've
been a little bit busy.
COMMISSIONER SOLIS: Right.
MR. OCHS: I do have it here, sir, and, you're right, it did get
distributed to all the board members. I'll put it up on the visualizer
for reference.
CHAIRMAN McDANIEL: And the issue that we're having is
the program's only necessarily been available for a year. And the
way the assessments are derived and the securitization is derived, you
don't have any default or deficiencies until the ensuing tax year, in
fact, comes around, so you don't really know, one; two, they all
haven't been put into the public record with regard to how far long we
are.
Now, I did receive an email from the government liaison with
Ygrene -- one of the PACE providers, financiers, and she had shared
that the numbers were considerably higher than what our staff
currently has available with regard to the 138 PACE assessments so
far that are currently on the tax rolls. I think we're close to 400, per
her, that are out there right now, so...
March 12, 2019
Page 98
And Ygrene being the largest supplier of those loans, so...
COMMISSIONER SOLIS: Is there any tracking of this at the
state level?
CHAIRMAN McDANIEL: Well -- and I wanted to share this
with you. It's not -- it was at -- it's at the state and the federal level. I
assumed Commissioner Fiala's position on the EELU as our
representative for NACo, the National Association of Counties, and I
attended a joint luncheon last week while I was in D.C. two weeks
ago and with the resilient county's steering committee, and there are
federal rule-making processes going on right now with regard to
PACE to provide greater protection that are coming from the -- that
are coming down through the -- it was suggested at that luncheon that
those rule-making sessions are going on with the Consumer
Protection Agency from a federal level, because there are -- because
this program's been around a long time. I mean, this isn't -- it's new
to Collier County, but the PACE program has been available
throughout the country, in my understanding, for close to 15 years,
so...
And I, like you, when we talked about this, expressed concerns
about the bad apple and how do we provide for sufficient protection
for folks who potentially could be taken advantage of? And I was --
originally, you know, I wasn't in favor of the ordinance as it -- as
Commissioner Taylor, in fact, brought it forward and thought that it
could be enhanced to be able to allow this program -- because there
are folks who are receiving benefit from this program that
couldn't/can't necessarily go to an institutional lender and get a loan.
There are folks who can and choose to utilize it as well and have
derived a value from it, and I just -- I'm concerned that we haven't
gotten enough information to -- now, on the same token, how far do
we want to go? One person being taken advantage of is too much,
so -- and that's a rationale for maybe a suspension of the program for
March 12, 2019
Page 99
a period of time until further regulation, further observation can be
ascertained, actual physical complaints with the amount of -- with the
amount of participants that are in it have taken advantage of the
program.
I mean, there's been suggestions of other things that could, in
fact, be done that might be able to offer assistance to people that are,
in fact, in need.
So I'm hesitant. I'm hesitant just because of what I know's going
on with the -- at the federal level, with the Consumer Protection
Agency. And we haven't had any of the 400 other people that have
participated in PACE, these PACE programs, come and speak with us
that might be happy; that might have been satisfied with what they've
received, both in value and expense and so on, so...
And then there's that.
Commissioner Taylor, you lit up.
COMMISSIONER TAYLOR: Yeah, just a quick question, and
then I think I'd like a -- kind of an overview from Mr. French.
But does -- this termination of the program, does it apply both to
commercial and residential?
MR. KLATZKOW: Yes.
COMMISSIONER TAYLOR: Okay. We can't have one
without the other?
MR. KLATZKOW: Oh, you can have one without the other.
COMMISSIONER TAYLOR: I think, from what I'm
understanding, the commercial is not so difficult because, frankly,
they're in business, and they look at it as a business proposition;
whereas, the homeowner is pushed into a -- now, is -- the program is
described as a way to save money with the idea that it might be
5 percent more expensive than going to a bank and, oh, by the way,
these energy-efficient things you have in your home might outlast
you, and, finally, yeah, if you -- don't worry about it, because if you
March 12, 2019
Page 100
can't pay your debts, we'll just take your house; where the
commercial is very different.
And so I'd like to see if there's any support that we leave the
commercial in place. I heard from --
COMMISSIONER SAUNDERS: Mr. Chairman?
COMMISSIONER TAYLOR: -- Mr. Housh enough times.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll amend --
with the permission of the second, I'll amend the motion to just
simply terminate -- that this would be the termination of the
residential program and to maintain the commercial program. I agree
with Commissioner Taylor on that. I think that makes a lot of sense.
So I'll amend the motion if the second will accept that.
COMMISSIONER TAYLOR: Yes, I'll certainly endorse that
second.
And the reason I'm speaking as if I know about this is that
Mr. Housh, Rich Housh, has spoken to me on more than one occasion
of how it is of benefit to the commercial but -- and that's not where
the problem is. The problem is with the unsuspecting and perhaps,
for the lack of better word, unsophisticated homeowner who has
bought the sheep in wolf clothing.
CHAIRMAN McDANIEL: Potentially, yes.
And just -- I did find the email from Kate at Ygrene, and it
was -- to date that Ygrene has financed 390 projects in Collier
County. And, I mean, Jamie, you'd shared information that we had
record of 138.
MR. OCHS: Twenty-eight.
MR. FRENCH: I'm not quite certain if I want to even say my
name it's been said so much today, so...
CHAIRMAN McDANIEL: Yeah, you have been used as an
example.
MR. FRENCH: Yes, sir. For the record, I am Jamie French. I
March 12, 2019
Page 101
apologize for my voice; I'm getting over a bit of a cold.
So 138 PACE assessments have been collected on the 2018 roll,
and we have had further conversation and correspondence with the
other PACE providers. So there's a good number of them coming for
this next year's roll. There's no doubt.
Mr. Stoneburner, I think, is calling me right now. I didn't know
if he had anything that he wanted to add, but I've worked directly
with his office to let him know what we're seeing.
With regards to the business side, what I might recommend is if
that you're going to carry forward just a commercial aspect, that you
identify that as commercial business, not commercial structure,
because the Florida Building Code does acknowledge commercial
structures can have residency as an occupancy. But, clearly --
MR. KLATZKOW: We're bringing it back. Staff will be
bringing back the item, and you can make the recommendation.
COMMISSIONER TAYLOR: Yeah. We'll need some --
MR. KLATZKOW: Yeah. I mean, I don't know if you intend
for, like, condos, condominiums or that sort of thing.
COMMISSIONER TAYLOR: No, no. Specifically commercial
business. That was my intent.
MR. KLATZKOW: Okay.
COMMISSIONER SAUNDERS: That was my intent as well.
COMMISSIONER TAYLOR: Good, good. Good catch.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Just one last question, just so I'm
clear on the timing. So if the motion's approved, then the staff will
bring back a proposed notice that we would approve?
MR. KLATZKOW: Yes.
COMMISSIONER SOLIS: But the termination of the program
doesn't actually happen until they receive that written notice?
MR. KLATZKOW: Yes. I'm sure we could send it by email.
March 12, 2019
Page 102
COMMISSIONER SOLIS: Okay. But, I mean, it's not going to
happen -- and, again, I just want to -- I want to get some more data,
because I want to make sure that we're not getting rid of something
that is actually of benefit based upon, you know, the actions of a
couple of bad actors. I mean, I don't know that -- I don't feel like I
have enough data.
MR. KLATZKOW: With board direction, staff could make that
part of your executive summary for the next meeting.
MR. OCHS: We'll update the information for the 2019 tax roll.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: And hopefully by that -- and by our
next meeting we'll be able -- I'm sure we'll have a lot more
information with regard to both on the national level. I'll reach out to
our staff's liaisons at NACo to get information on the Consumer
Protection Agency's rule-making processes and where they're at with
regard to that.
I mean -- and, again, literally, my note specifically says I just
haven't seen enough information to warrant, in fact, what we're doing,
but I'm okay with putting out notice to -- with the knowledge that I
have received, that one person being hurt by this is not the path we
need to be traveling.
COMMISSIONER FIALA: Is what?
CHAIRMAN McDANIEL: Is not the path that we need to be
traveling. I looked away from you but into the mic.
It's been moved and seconded that we prepare that notice for our next
meeting, the second meeting in March, to discontinue the PACE
program for residential purposes. Is that close enough?
MR. KLATZKOW: Yes, sir, and staff will give the background
as to the data and analysis.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded. Any other discussion?
March 12, 2019
Page 103
(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: I believe it's time for lunch.
COMMISSIONER TAYLOR: Thank you.
MR. OCHS: Mr. Chairman, you have --
CHAIRMAN McDANIEL: Before we go -- don't get up and go
yet, please.
MR. OCHS: You have three items, one with six speakers on the
MSTU item. Other than that, we have a couple of quick staff items.
So your prerogative, sir.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN McDANIEL: Yes, sir.
COMMISSIONER SAUNDER: If it would be possible to get
through these last couple items, that would be helpful, but I
understand if we can't.
CHAIRMAN McDANIEL: How about if we take a quick -- do
you want to take a quick break and then come back? Okay. Let's do
that. We'll take a 10-minute break, and -- well, 13-minute break, and
be back at 12:20.
(A brief recess was had.)
CHAIRMAN McDANIEL: We don't wait for her. She's all set
now.
Item #11D
March 12, 2019
Page 104
RECOMMENDATION TO ACCEPT STAFF REPORT ON
COMMUNITY OUTREACH WITH THE RADIO ROAD
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT
(MSTU) PROPERTY OWNERS; TO CONFIRM CURRENT
PROVISIONS FOR AMENDING MSTU ORDINANCES; TO
REAFFIRM THE PURPOSE AND INTENT OF THE RADIO
ROAD MSTU; AND DIRECT THE COUNTY ATTORNEY TO
ADVERTISE AN AMENDMENT TO COLLIER COUNTY
ORDINANCE NO. 96-84, AS AMENDED, KNOWN AS THE
RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE
TAXING UNIT, TO ALTER THE BOUNDARIES TO
INCORPORATE THE RICH KING GREENWAY BETWEEN
RADIO ROAD AND DAVIS BOULEVARD – MOTION TO
AUTHORIZE ADVERTISEMENT, EXPAND BOUNDARIES,
LIFT HOLD ON PROJECTS AND MSTU BRING BACK PLAN
FOR PUBLIC OUTREACH – APPROVED
MR. OCHS: We're on to 11D, and this is a recommendation to
accept the staff report on the results of the community outreach
initiative with the Radio Road Beautification Municipal Service and
Taxing Unit, and Ms. Michelle Arnold will make the presentation.
CHAIRMAN McDANIEL: And I believe we have public
speakers.
MR. OCHS: Yes, sir. Excuse me. How many, Troy?
MR. MILLER: We're up to seven, sir.
MR. OCHS: Seven; seven speakers.
CHAIRMAN McDANIEL: Is Commissioner Saunders -- are
you still with us?
MR. MILLER: I've got him muted. He is now.
March 12, 2019
Page 105
CHAIRMAN McDANIEL: Okay. You are allowed to speak
now, Commissioner Saunders. Thank you for suggesting that we
work on through, so...
COMMISSIONER SAUNDERS: Well, thank you. I appreciate
you doing that.
MS. ARNOLD: For the record, Michelle Arnold.
I'm here to talk to you about the Radio Road MSTU. This item's
been before you at a couple different meetings, first starting in March
of 2018 when we -- staff was bringing to you a request to advertise an
ordinance amendment to do some housekeeping to include the entire
right-of-way of the Rich King Greenway as a part of the Radio Road
MSTU boundaries. Currently the right-of-way is split in half.
At that time, you heard some opposition to us moving forward
and asked that staff do some public outreach, which we did. The
MSTU advisory committee actually had a public meeting in March of
2018 that was already scheduled, and that meeting was held, we had a
community-wide survey, and then in June we brought back the
results of the survey to you-all.
The Commission asked us at that time to do additional public
outreach, and staff has been going out to the community. Much of it
started in the fall or early this year because of the timing of meetings
with the various associations. We've been going out and meeting
with the associations to talk about the MSTU and our efforts and ask
the community what they feel the MSTU should do going forward.
We've been to most of the associations, got some declining
invitations to three of the master associations, but was able to attend
some of the smaller associations within those master associations.
The message was pretty consistent. A lot of the associations
really didn't know a lot about the MSTU and were very thankful that
they were there. They thought our efforts were all good, and they
agreed we should continue; however, three of the associations, as
March 12, 2019
Page 106
mentioned in the executive summary, declined our invitation and
advised us that they were in favor of sunsetting the MSTU.
I wanted to just provide you-all some additional information
about the MSTU process. You all received additional public input in
January of this year about sunsetting other ordinances pertaining to
the Radio Road MSTU.
The MSTU has been doing an excellent job since its inception
back in 1997, and they have been accruing dollars over those years to
improve the Radio Road right-of-way as well as the Devonshire area.
The MSTUs are a good thing because it's where communities
are collecting dollars to do things that benefit the communities itself.
It's not your General Fund dollars that could be expended all over the
entire county.
The MSTU also contributes to those things that are not
necessarily on the radar for the general populous for the county, so
it's something that is very beneficial to an immediate district.
As part of the executive summary, we've identified what the
process would be or processes for amending or sunsetting the MSTU.
The amendment process of the MSTU is one where you've got your
advisory committee that serves as your public notice or
communications to the district that it serves, the advisory committees
provide the recommendations for modifications to the ordinance, and
then we bring back the ordinance to the Board of County
Commissioners, a two-step process; that you hear it for the first
hearing, and then at the second hearing actually make an adoption.
I think the current process that you have in place is providing a
lot more public outreach. Ms. Sherman, who's objected to the
moving forward of this, has indicated that she believes that we should
have a neighborhood information meeting. It's not -- the
neighborhood information process is one more for the Land
Development Code process. Your MSTU process, I think, provides
March 12, 2019
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for a lot more communication, because your advisory board meets on
a monthly basis, their meetings are notified, and information is
provided about their meetings and agendas on websites, and we duly
notice those meetings as well.
We have three recommendations for you-all to consider based
on the public input that you received regarding the sunset. You can
either sunset the MSTU, but as a part of that process, you need to
evaluate, or staff has evaluated the ongoing obligations as a part of
sunsetting the MSTU, and there are maintenance responsibilities that
continue with that.
The Devonshire area is currently something that was improved
as a part of the Radio Road MSTU and has existing maintenance
obligations of 126,000 annually. If you-all were to sunset the MSTU,
then you would have to find some other means for funding that
ongoing responsibility.
There's also the option of remaining status quo, which currently
the status quo means you are -- you've put a hold on ongoing projects
for the MSTU, and they're just waiting to hear the direction from this
board.
The other option that you have is to, as staff originally requested
in May -- or March of 2018, do the housekeeping, cleanup the
boundaries to include the entire right-of-way of the Rich King
Greenway, allow them to continue with projects they've already been
authorized to do, such as the entrance of the Rich King Greenway,
and allow them to continue on their maintenance responsibilities.
The MSTU advisory committee met in November of 2018 and
made a motion to ask the Board to lift the hold on projects, so the
Rich King Greenway, and then again on January 28th of 2019 they
motioned to ask the Board to not sunset the MSTU and to allow them
to continue their maintenance responsibility and their outreach.
That's something that they felt, as a part of this whole process, has
March 12, 2019
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been a benefit. Us going out and reaching the other communities has
been providing additional information to the communities, and they
want to continue that effort.
And they also would recommend amending the boundaries to
include the entire Rich King Greenway to allow them to do projects
within their -- between the Radio Road and Davis Boulevard area.
One of -- the advisory committee members wanted to attend the
meeting today but, unfortunately, most of them had conflicts or are
working; they were unable to come. One of the committee members
asked that I read an email that she gave, sent, and her name is Maria
Schoenfelder. She's indicated as a resident, a taxpayer member of the
board -- a member of the Radio Road MSTU, and a voter living
within the MSTU.
I would like to see the moratorium lifted for new projects. We,
as board members, would like the opportunity to fulfill the mission
statement of the MSTU to beautify the landscape along Radio Road
and Devonshire Boulevard. We are the eyes of the community that
look at both Radio Road and quickly work with the landscapers in
Devonshire and the county and their contractor landscaping on Radio
Road to resolve problems when they occur and improve when
necessary.
The minimal costs per household not only improves the look of
the community but the property values.
And she signs it Maria Schoenfelder.
It also -- her email reminded me that I wanted to advise the
Board what the impact is of the current MSTU. The annual cost per
property is anywhere from 15 to $20 a year, and the modifications of
those boundaries would not affect that impact.
So it's staff's recommendation that we continue with the existing
MSTU and allow the advisory board to continue with their efforts to
maintain their responsibilities.
March 12, 2019
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CHAIRMAN McDANIEL: Thank you. Commissioner Taylor,
you want to speak before the public?
COMMISSIONER TAYLOR: Yes. I just want some
clarification. County Attorney, Ms. Sherman, who sent us all an
email on the 12th of March, indicates that it's her understanding that
amending an ordinance has to go back to a vote to the MSTU
members.
MR. KLATZKOW: No, ma'am.
COMMISSIONER TAYLOR: Okay. And then the other
question I have, Ms. Arnold, I asked you for a budget.
MS. ARNOLD: Yes.
COMMISSIONER TAYLOR: Do we have the budget?
MS. ARNOLD: Okay. What's on the visualizer provides a little
bit of historical information.
COMMISSIONER FIALA: What's a "traxing" unit?
MS. ARNOLD: Oh, yeah. I think Mark's staff didn't catch that
one either.
CHAIRMAN McDANIEL: Yeah, Mark -- we're going to blame
Mark Isackson for that.
MS. ARNOLD: Yeah. The existing budget, annual budget is
about -- the operating expenses is about 126,000 annually.
COMMISSIONER TAYLOR: Now, that's for maintenance of
what's already on the ground?
MS. ARNOLD: That's correct.
COMMISSIONER TAYLOR: That's maintenance. That's not
new improvements? That's strictly maintenance, 126,000 a year?
MS. ARNOLD: That's ongoing maintenance.
COMMISSIONER TAYLOR: Okay. Thank you.
COMMISSIONER FIALA: For how long of a space is that?
CHAIRMAN McDANIEL: Oh, it's an enormous area from a
geographic standpoint.
March 12, 2019
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MS. ARNOLD: Well, the ongoing maintenance right now is
limited to the Devonshire area.
COMMISSIONER TAYLOR: And the medians, right? Radio
Road medians?
MS. ARNOLD: The Radio Road medians are currently
improved by the MSTD.
COMMISSIONER TAYLOR: Oh.
MR. OCHS: They're unincorporated area.
MS. ARNOLD: Right. So the Radio Road MSTU did the
improvements along Radio Road, the entire length from Airport to
Santa Barbara, and then after that project was completed, they turned
over the maintenance to the MSTD, and that was because that is a
project that was on the -- within the county's overall beautification
master plan.
Devonshire, however, is not -- does not meet that criteria. So
the responsibility for the ongoing maintenance stays with the MSTU,
and that's why, if I failed to mention, you would be setting a
precedent for sunsetting the MSTU and allowing MSTUs to create
responsibilities that are not really within the county's policy for
improvements such as Devonshire.
COMMISSIONER TAYLOR: Or budget.
MS. ARNOLD: Right.
COMMISSIONER TAYLOR: Okay. So the rooftops?
MS. ARNOLD: There is -- one of the interesting things is when
the MSTU started, most of the rooftops that are here today existed.
There were only -- there was only a small area within the Briarwood
community that didn't have all of their divisions improved. So we
still have a pretty similar number of rooftops.
The maximum millage that is allowed under your ordinance that
established the MSTU is .5 mills. We have been at -- the current
millage is at .1. And as I mentioned, the estimated cost per unit is
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about $20 annually or $1.66 per month.
Our anticipated revenues this year was 138,3-, and our costs,
however, because of additional hurricane expenses, was exceeding
the revenues that we took in.
We do have current reserves in the amount of 736-. That's been
accumulated over several years, you know, and part of that is to
prepare for any unexpected revenues, like hurricane preparedness,
and also you want to hold a reserve so that in the time that your
property values are lower, if we have an economic downturn, like we
have in the past, it takes several years to recover. So that is a part of
the reason for the reserves there.
Right now the MSTU has been holding off on project
improvements based on the direction of the Board --
COMMISSIONER TAYLOR: That's been about a year.
MS. ARNOLD: Yeah, it's been a year.
COMMISSIONER TAYLOR: Over a year.
MS. ARNOLD: And so they would like to move forward with
that, with, you know, what their mission is.
COMMISSIONER TAYLOR: Thank you for that. I'm very
happy to see that. Thank you.
MS. ARNOLD: Thank you.
CHAIRMAN McDANIEL: Are you okay?
COMMISSIONER TAYLOR: Yes, I am.
CHAIRMAN McDANIEL: All right. Let's go to public
speakers.
MR. MILLER: We have seven registered public speakers. I'm
going to ask the speakers to use both podiums for the sake of time.
Your first speaker is Rebecca Paratore. She'll be followed by Roy
Anderson.
MS. PARATORE: Good afternoon. I'm Rebecca Paratore. I
live at Countryside. I'm on the Countryside board, and I do
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appreciate you holding this over after lunch for us.
I really just wanted to give a few bullet points. I've been
involved with this off and on for probably about the last year. I did
make an attempt to be on the MSTU committee, was turned down
promptly for a person who said he could attend a few meetings, so he
thought he could handle it. I was really kind of disappointed in that
attempt, because I believe I'm very well qualified. I was never told
why I didn't qualify.
So with that said, 1996 ordinance for the Radio Road
Beautification project; let's not talk about the amendments at this
point. I'm sure they'll be talked about later.
If we satisfied everything on that ordinance, which it looks like
we did -- the MSTD has taken over all of the improvements. So if
they're maintaining that, there wouldn't be additional maintenance
fees with the exception of Berkshire. So if Berkshire was a part of
that original ordinance, then that's -- I understand that. Maybe we
need to continue doing that one, keep that one on our tax roll,
whatever.
However, 1996 is a long ways away from today. Right now
there's over 3,000, that I can count, units that are coming into our
area. County Barn, Davis, Radio, also on Santa Barbara, and these
people -- if we beautify this FP&L easement -- and I also noticed that
the county neglected to note that FP&L owns the biggest strip of land
there. There's three that the county owns, but there's that big strip
that FPL owns with a blanket FPL easement over all of it.
So you're actually asking us to build on property owned by FPL
with a blanket easement by FPL. They can go in and change this any
time they want. FPL will not cover the changes or the destruction;
the county will not cover it, even though it's county land. We, the
taxpayers, have to go in and restore whatever it is they destroy or
move or decide they don't want.
March 12, 2019
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So with that being said, these new 3,000 people that are coming
into our area, if this is all beautified, they're going to all want to run
in and start using it, and you're going to have the select few that's
maintaining something that everybody thinks is gorgeous and want to
come and destroy or use or whatever, but you're still going to make
us maintain it. Why not spread the wealth, make it beautiful, have
everybody pay for it?
I mean, I don't see why we should have to pay for something
that it's going to benefit a lot more people than just us now. We're
not the little East Naples we used to be. Right, Donna?
Thank you.
MR. MILLER: Your next speaker is Roy Anderson, and he will
be followed by Larry True.
MR. ANDERSON: Good afternoon, Commissioners. I'm Roy
Anderson. I'm director of the External Affairs Committee for
Countryside.
And the first thing I wanted to mention is that I'd like to speak to
the portion of the executive summary that refers, and I quote to -- to
affirm the purpose and intent of the railroad (sic) -- Radio Road
MSTU and to recommend that the Commission -- that Option 1 be
followed, which is the sunset option.
But first I'd like to remind you of three decisions that have been
made over the past year or so. The first one was March 13th, 2018, at
your meeting of that date. I testified at that time that the Countryside
master board at its February 15th, 2018, meeting had unanimously
voted to sunset the MSTU.
The second decision that was made was on January 12th, 2019,
the Foxfire board of directors unanimously voted to recommend the
dissolvement of the Radio Road MSTU at their regular meeting.
The third decision is that on January 21st at its board of directors
regular meeting, Glen Eagle unanimously voted on sunset or dissolve
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the railroad (sic) MSTU, and Larry True, who will be the next
speaker, will expand upon that.
These three decisions speak to the attitude of substantial -- a
substantial component of the railroad -- the Radio MSTU customer
base, if you will, the rooftops. The groups, the three major groups,
communities believe that the MSTU has done its job admirably with
the railroad -- Radio Road landscaping, and it is time to stop the tax.
The county staff is looking for new ways to spend the tax money.
We need to stop it in its tracks.
I can provide you with documentation for these three decisions
if you so desire. Thank you.
CHAIRMAN McDANIEL: Thank you, sir.
MR. MILLER: Your next speaker is Larry True, and he will be
followed by Wayne Sherman.
MR. TRUE: Good morning, Commissioners. My name, for the
record, is Larry True. I'm on the board of directors for Glen Eagle;
have been for six years. I've been an owner in Glen Eagle since 2010
and an owner before that; I was an owner in Countryside from 2001
to 2011.
My home is -- I've been a permanent resident of Florida since
2010. My home is a little bit larger. The tax I pay right now is about
$35 a year on the MSTU.
I've talked to a number of my fellow members of Glen Eagle.
As a board member, I've gotten to know most of the people in Glen
Eagle one way or the other. Sometimes through nasty emails and
sometimes through thanks for the work I've done.
But six years on the board, I've had a lot of conversations with
members about the MSTU. And, generally speaking, the way it is
right now with the .1 millage rate, nobody really objects to it. What I
think we're all fearful of is that -- we keep hearing these new projects
and wanting to expand the boundaries of the MSTU by adding
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property that isn't currently a part of it.
And also, you know, I've been a -- I've ridden on the bike path
underneath the power line, and a number of my friends ride the bike
path underneath the power line. We think it's all fine the way it is.
We don't understand the need for more plantings in there.
And I saw on the news the other day that the county's now
stopping landscaping of additional medians because they don't have
the money to maintain the medians that they have right now.
So right now we've got this piggy bank of a little bit money
that's plenty to manage the Devonshire Boulevard, which was
annexed into this MSTU about, what, eight or nine years ago,
something like that. We have plenty of money to manage that and to
hold our own, but if we start expanding and then have to do a whole
lot more maintenance, where's it going to stop?
I think the other thing that has us all a little concerned is the cap
that was put on the millage rate was .5. Now, at .1 we don't have a
problem with it, but if my tax bill jumps from $135 to $155 or
something to maintain all this, I've got a real problem with that.
I also have to say, I wasn't even -- when I read the packet that
came out, I saw in here this newsletter from the Radio Road MSTU.
Now, I've attended a bunch of these meetings, but most of my fellow
Glen Eagle members haven't. But why wasn't this sent out to us in
the mail so that everybody would have seen what the MSTU is
doing? I think it's the fact that it's been in the dark is what has us all
worried.
Thank you.
MR. MILLER: Your next speaker is Wayne Sherman, and he
will be followed by Marlene Sherman.
MR. SHERMAN: Good morning, Commissioners. You know
who I am. I've been to you -- before you several times before.
It happens that I was one of the properties being assessed a
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special annual tax under that ordinance, County Ordinance 96-84.
The ordinance was approved by the County Commission at the
request and vote of the Collier County citizens owning residential
properties bordering on Radio Road. The special purpose -- specific
purpose of the Radio Road MSTU was to beautify the center median
on Radio Road between Airport-Pulling and Santa Barbara. The
county commissioners also set up an advisory board to see that this
work was properly performed.
The work under this ordinance was actually completed in about
2004, a long time ago; however, on the behest of the advisory board
and -- the county approved two additions to the MSTU for work on
spaces other than Radio Road. One of them was this Devonshire
Boulevard.
Unfortunately, this change has extended both the scope and life
of the MSTU and increased the cost to the taxpayer without taxpayer
approval.
Now, I understand that it said advisory board planning to ask for
an expansion of the MSTU boundaries and additional taxes also
without taxpayer approval for more taxes. I firmly believe this cost
extension -- expansion is unethical, and I suggest that maybe the
MSTU, it's time for it to be canceled, the special tax to be terminated,
and transferring the funds, as it was said, to maybe the MSTD where
they can maintain Devonshire Boulevard.
Now, to put this recommendation in perspective, I offer the
following: Let's say that one of you decide that the tile roof on your
house needs to be cleaned. You find a qualified and licensed
contractor to contract him to do the work, and he does a good job,
and you're satisfied and you pay him. Then a few days later you
come home to find the contractor hasn't been on your roof again.
The contractor tells you that while they were up cleaning the
roof, they found some broken tiles that needed replacing. You say,
March 12, 2019
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well, okay, and, again, pay for this work. And then a few weeks later
you find the contractor stripping the sod from part of your lawn.
The contractor tells you that when he was here before, the
interested party told -- interested told him that they thought your
landscaping needed improvements, so he needed to take care of it
and, of course, the charge -- they charge you for the work. When you
object, the contractor tells you that he is licensed by the county to
landscape the work, and you must need to pay him for it as well.
You complain to the county, but the county just says, just allow
the contractor to talk to you and explain that he's a good person and
doing a good job. Then you find out the contractor's planning to ask
the county to attach another parcel of land to your property and
charge you for the work on it as well. What do you do? Do you just
let them do it? I don't think so. Okay.
CHAIRMAN McDANIEL: Thank you, sir.
MR. MILLER: Your next speaker is Marlene Sherman. She
has been ceded three additional minutes from Robert Land who --
yes, there he is back there, for a total of six minutes, and she will be
followed by John Thomas.
MS. SHERMAN: Good afternoon, Commissioners. My name
is Marlene Sherman, and I'm here to request no action be taken by the
Board to expand the 23-year-old ordinance, 96-84, because -- and the
reason for that, that the supporting taxpayers have not been given the
opportunity to vote their approval of this initiative.
And I understand from Commissioner Taylor that that was --
that the add-on, are not required to. They are -- they have an
advisory board, and the advisory board goes then directly to the
county for things. I don't think that was the intent of the state's
granting permission for the county to establish MSTUs, because one
of the -- that establishment granted was that the -- originally a group
of people wanted to improve their area and the county didn't have the
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funds or was not in -- had any designs on doing that; that it could be
accomplished through an MSTU. But they had this -- they had to
have support -- when the boundaries were decided on the MSTU,
then they had to have 50 percent plus one of the supporting taxpayers
sign on to approve that initiative and agree to be taxed.
And, apparently, that little last step of agree to be taxed and
asked if they support it is not being put forth when we have add-on
ordinances to MSTUs, as was done with the Radio Road in two
incidents.
Okay. We understand that there is a lot of reserves on the Radio
Road, but they are looking for new projects to fund; just the opposite
of what an MSTU does. An MSTU is a project looking for funding,
not funding looking for a project, okay.
During the 1990s state government granted authorities to the
county, which I stated before, that suggested -- that recommended or
stated that 50 percent of the one -- plus one must agree to support the
requested project and agree to be taxed to complete the projects, and
these requirements were met for Ordinance 96-84, okay.
The manager's delegated the management of this MSTU to an
advisory board with oversight approval and the MSTU advisory
board's recommendations as stated. They vote -- as a five-member
board, they vote, and then the county forwards them directly to you
for approval, okay.
As a result of this, the Radio Road Beautification MSTU has
morphed into an entirely different set of purposes than those
originally approved under Ordinance 96-84. For instance, 2002
ordinance we talk about Devonshire Boulevard, a very small strip of
roadway, will also include two little other words "and right-of-way."
Well, to that right-of-way, we gave -- the MSTU paid for
shrubbery, very luscious shrubbery and trees, along the border of the
Berkshire Lakes property and also along the border of the Publix
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shopping center; we paid for that, the MSTU did. But the MSTU
then, advisory board, went to the Publix shopping center and initiated
an agreement with them that they would maintain what we had paid
for. They never did that with Berkshire Lakes, so we're part of this
$127,000-a-year maintenance that is to keep the landscaping on the
right-of-way of Berkshire Lakes on Devonshire, okay.
The five -- as I said, they have five members that are making
unilateral decisions for 6,566 supporting taxpayers, just five, and
they -- these five representatives on the advisory board do not
represent the demographics of this Radio Road -- and with
boundaries.
And it does not -- it's my belief the state's intent when granting
country's (sic) establishment of a MSTUs was not being upheld by
the county and not required.
The state does not -- the county does not require them, the
add-ons, to do that.
And let's see. So I respectfully request that the Board not
approve the expansion. Why are we expanding a 23-year-old
ordinance? There's only one reason; the MSTU advisory board wants
to landscape it. Why are we landscaping park that's already got sod
on it? It's already got a bike path on it.
I've heard some of the plants that they were talking about for
this Rich King Memorial Greenway entranceway. They were talking
about putting pavers in. Why would you put pavers in a bike path?
I've never heard such a crazy thing. Okay.
So, anyway, that is all I have to say, and I'd be glad to answer
any questions.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your final registered speaker on this item is
John Thomas.
MR. THOMAS: Good afternoon, Commissioners. I'm John
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Thomas, a resident in Countryside. And I appreciate the opportunity
to be heard this afternoon.
As we all know, the purpose of an MSTU is to provide
segregated funds for special, specific improvements that the directly
affected taxpayers want badly enough that they're willing to pay for it
through the special taxes.
Let me try to put today's request in perspective by looking
backwards. The only work that taxpayers approved, supported was
completed in 2000. They did a great job on that median. The add-on
ordinances were adopted without taxpayer approval.
In 2018 the directly affected taxpayers were sent a survey that
was completed by -- that was prepared by the MSTU staff, and it's
my understanding that 70 percent of the respondents were not in
favor of any future projects, and this in the face of the questions that
were very slanted in favor of what staff was trying to accomplish.
Now, I've had a chance to review Ms. Arnold's report on the
results, and her outreach efforts to the taxpayers, as described by her,
are far more rosy than at least I experienced. For example, one of the
statements is that some of the associations in Countryside, as
included in the list, declined staff's invitation to attend their meetings.
Well, Countryside held a town hall for Ms. Arnold to make a
presentation, and the feedback she got from that town hall was
anything but as she describes it, "generally favorable."
I urge you to put an end to this MSTU. The Rich King Parkway,
to be generous, has no real relationship with Radio Road. This is
easy money looking for projects rather than a project looking for
legitimate money, funding.
CHAIRMAN McDANIEL: Thank you.
MR. THOMAS: Thank you.
MR. MILLER: That was your final speaker, Mr. Chairman.
CHAIRMAN McDANIEL: And there's no -- unless you feel it
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necessary, there's no reason to refute representations that are made by
the public. They're entitled to their three minutes, right, wrong, or
indifferent.
MS. ARNOLD: Sure.
COMMISSIONER TAYLOR: I would like to ask Ms. Arnold
something.
CHAIRMAN McDANIEL: Certainly.
COMMISSIONER TAYLOR: Can you name the projects that
have been put on hold given the contradictories over the MSTU?
MS. ARNOLD: Currently the project that's put on hold is the
entrance of the Rich King Greenway. That's the current project. The
committee has held off on proposing any other new projects until we
go through this process.
And as a part of their budget process and depending on what the
Board does today, they'll meet and discuss that and bring that back to
you-all as a part of that process.
COMMISSIONER TAYLOR: And I think Ms. Sherman makes
a very good point; you don't want pavers on a bike path. Can you
explain where the pavers are?
MS. ARNOLD: The pavers were not intended for the bike path.
The entrance was to -- the improvements were supposed to be at the
fence line. There's some vegetation. Because this is an FP&L
easement, there are height restrictions that are imposed by FPL. So
we're not talking about putting huge trees down the pathways or
doing anything major at the entry as well.
The committee has looked at the design that was proposed and,
like I said, it wasn't intended for us to put pavers on the pathway
itself.
COMMISSIONER TAYLOR: And then, finally, there was a
comment that because it's an FP&L easement, if they come in there
and repair whatever they need to repair, they're not going to make
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good any damage; is that correct?
MS. ARNOLD: I mean, that's probably very correct because,
like anything in the right-of-way, if we put anything in the
right-of-way and the county comes in and modifies the right-of-way,
sidewalk or anything else, it's the MSTU that would be responsible
for refurbishing it.
COMMISSIONER TAYLOR: And, finally -- and I said that
before, but this is finally -- how many -- how much is the Rich King
Greenway used? Is it used a lot? Do we have a count of the bicycles
or pedestrians that use this greenway?
MS. ARNOLD: I don't have a count myself, but I know that
the -- there has been counts, and there's significant use in terms of
bike ridership and joggers and walkers along the greenway, and
because there's no, necessarily, parking for folks from outside of the
area to come in and utilize it, a lot of it is used by the residents within
the immediate area.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Do you have a map of the
geographic bounds of this particular MSTU?
MS. ARNOLD: Yes, I do.
CHAIRMAN McDANIEL: It's everything inside the orange?
MS. ARNOLD: Yes.
COMMISSIONER FIALA: Can you tell me how the map
originally started out, and they said that it kept --
MS. ARNOLD: The boundaries haven't changed since its
original inception. Those are the boundaries that have been from the
time that it started. This is the first time we're asking for a boundary
change. And, as I said, it's only to incorporate the entire right-of-way
along the Rich King Greenway, which is --
COMMISSIONER TAYLOR: Which is -- where is that?
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MS. ARNOLD: It's this area right here. Right here. So right
here. It's only right now -- because the boundary started with -- along
the section lines, we're wanting to modify it to include the boundaries
to incorporate the entire right-of-way line instead of section lines.
CHAIRMAN McDANIEL: I know myself -- I mean, first off,
in the prior slide, the MSTU's accumulated a significant amount of
money and reserves far, perceptively -- and, again, far be it for me to
determine what is valid or not, but on an annual operating basis, I
know we have far different parameters established for reserves that
we need to maintain in order to justify more -- our ongoing
operations, one.
Two, I'm concerned, as has been expressed a year ago when
this -- when the MSTU proposed an expansion of its boundary, there
was an enormous amount -- perceptively an enormous amount of
expanded projects and things that were outside -- you can shake your
head no, but I'm just sharing with you what I read -- and when I was
going through the process of what the responsibilities of the MSTU
were, in fact, going to do.
So I'm hesitant in allowing for or recommending that we expand
the boundaries and/or the parameters of the MSTU.
Now, I will say this: There has been an enormous amount of
increase in public outreach that wasn't happening before, and that is a
benefit. The taxpayers who are, in fact, paying into this are far more
aware now just because we're talking about it as opposed to -- and
there was a significant amount of -- or maybe people weren't paying
attention. I'm not quite positive, but I know a lot of folks that live in
this area, and maybe they're paying attention now because we're
actually talking about it.
But the outreach has increased. And if, in fact, this MSTU stays
in existence, that I really, really want us to continue on with that
public outreach to get the notice to the people, to get the participation
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of the folks that are paying into this and how this money is to be
utilized.
I watched the MSTU over in Golden Gate function for quite
some time, and I watch regularly our MSTU over in Immokalee
function as well, and it's inherent that a small portion of your tax base
is going to be making decisions for the group that's, in fact, paying in.
But public involvement is also imperative as well.
And if you can't be there, if your association can't be there, then
it's imperative that a representative of your association be there to
express your wants, likes, dislikes, and what the organization is, in
fact, proposing be done.
And if I'm not mistaken, we review these MSTUs and their
budgets every budget cycle. This is part of our list --
MS. ARNOLD: Yes.
CHAIRMAN McDANIEL: -- that we actually have.
So, personally, I'm not inclined to sunset it today nor am I
inclined to expand its boundaries or its requisites of what it can or
cannot do. I would rather that that come to us with more public
outreach, specifically, than from the current MSTU board.
MS. ARNOLD: Can I just say that as a part of your -- you're
absolutely right, as a part of this initiative, we have done extensively
more outreach, and we -- as a part of the advisory committee, they're
recommending that that outreach continue.
CHAIRMAN McDANIEL: You qualified -- you qualified
"absolutely right" with other things. She said I was absolutely right,
didn't she?
MS. ARNOLD: Oh.
COMMISSIONER TAYLOR: She did. I like the word
"absolutely."
CHAIRMAN McDANIEL: Right. Well, that's where I was, but
then she qualified it.
March 12, 2019
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A large portion of this area is in your district, and I'd like to hear
from you as to which way the wind's blowing.
COMMISSIONER SAUNDER: You know, I've been moved by
a speaker who came up and said, you know, I pay $35 a year, and my
neighbors and I really don't object to that except we don't know
what's going on, and I think that's a very honest assessment of what is
happening.
`And the fear you have that it's going to continue and that you're
going to be forced into situations, I mean, I could hear the fear
through it all, and I think justified, because when you don't know,
then you are fearful. I know I am.
And so I think it's incumbent upon the MSTU to reach out to the
property owners' associations, but it's also -- it's a two-way street.
And I don't know what that means in terms of involvement, but I
think, if anything, this exercise of what we're doing now and having
it out in the public again and again has only brought this MSTU to
everyone's attention, and it can only make it stronger.
Clearly, it can't go away, because there's maintenance involved.
And so there's going to have to be some kind of money coming in. I
don't -- do we have a budget of what the Rich King entryway --
MS. ARNOLD: No, because they --
COMMISSIONER TAYLOR: We haven't gone there at all?
MS. ARNOLD: No.
COMMISSIONER TAYLOR: So I think it's prudent that that
money's accumulated, depending on the decision of this board.
I think this is very healthy. I think this is brought through -- I
don't see it -- I don't see it sunsetting, but I do see a plan, and maybe
that's what has to be created for outreach and I -- you know, a real
plan, what you're doing and that it's disseminated to all the property
owners' associations, but also that we look at it, because
communication is the basis of this whole thing.
March 12, 2019
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CHAIRMAN McDANIEL: And a portion -- you know, maybe
we -- maybe we as a board -- you know, you and I have talked
regularly about --
COMMISSIONER TAYLOR: On the dais.
CHAIRMAN McDANIEL: Yeah. We're barely allowed to say
hello to one another other than here. But -- about expanding our
efforts in the budget review process. And we could actually, for
those that are inclined to, take a look at the actual budgets and see
where the revenues are spent.
I know -- I'm quite intimate with our MSTU in Immokalee and
enough to be dangerous about what goes on in Golden Gate City, but
a proportionate share of these expenses, what's going off to support
staff, what's going off for engineering and permitting and so on and
so forth, for us to have a little harder look at that. And we are going
into the budget workshop very, very soon, Leo, or County Manager.
When are we?
MR. OCHS: June 20th and 21st.
CHAIRMAN McDANIEL: June is when the actual workshops,
in fact, are. So, Commissioner -- forgive me. Commissioner Fiala.
COMMISSIONER FIALA: It's all right.
Okay. So, first of all, part of this MSTU then pulled out of the
MSTU and created -- became a part of their, what, MSTD or HOA or
what -- how did they maintain the upkeep of it?
MS. ARNOLD: Okay. The Radio Road Beautification, the
landscaping in the medians along Radio Road between Santa Barbara
and Airport Road were planted by the MSTU funding, and from -- on
occasion, supplemented improvements have been done through the
years. But the MSTD, which is your 111 funds, your beautification,
took on the maintenance of -- the regular maintenance of that
segment of the roadway because it fell within your beautification
master plan.
March 12, 2019
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MR. OCHS: So your unincorporated area taxpayers are paying
for the ongoing maintenance on Radio Road.
CHAIRMAN McDANIEL: Right. That's Fund 111.
MR. OCHS: Yes, sir, Fund 111.
COMMISSIONER FIALA: Okay. So then if, as the people
are --
MR. OCHS: That includes these people, by the way.
COMMISSIONER FIALA: Pardon me?
MR. OCHS: That includes the residents of this area as well.
CHAIRMAN McDANIEL: That's the MSTD that they're
talking about.
MS. ARNOLD: Correct.
COMMISSIONER FIALA: And the MSTD also includes the
residents of this area?
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: So are they -- I'm sorry. You must
be losing something here. So are they paying into the MSTU and
also into the MSTD?
MR. OCHS: They are.
COMMISSIONER FIALA: So if they pulled out of the MSTU,
their maintenance would still be taken care of through the MSTD,
right?
MS. ARNOLD: No, just for --
MR. OCHS: On Radio Road, yes, ma'am, but not on
Devonshire.
CHAIRMAN McDANIEL: They haven't pulled out. No one
has withdrawn.
COMMISSIONER FIALA: No. I'm saying "if." I'm sorry.
Maybe I didn't say that loud enough.
MR. OCHS: No, you're correct, Commissioners. Radio Road
maintenance would continue.
March 12, 2019
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COMMISSIONER FIALA: Okay. But not Devonshire?
MR. OCHS: That's correct.
COMMISSIONER FIALA: Okay. So -- and I don't -- I don't
really know where the boundaries are to Countryside and Devonshire
and Berkshire and all of those things.
CHAIRMAN McDANIEL: Shire.
COMMISSIONER FIALA: Yeah, whatever Shires. And I
just -- so if they pulled out and they aren't covered by the MSTD,
who would do their maintenance?
COMMISSIONER SOLIS: That's the rub. That -- you know,
without identifying a funding source, you have maintenance
responsibilities now that someone has to take care of. And the only
landscape maintenance that the MSTD or the 111 funding has
utilized -- has been utilized for is those roadways that meet the
criteria of your beautification master plan, and Radio Road between
Santa Barbara and Airport Road does, but Devonshire doesn't.
CHAIRMAN McDANIEL: And point at Devonshire for us,
please.
COMMISSIONER FIALA: That's it. That's the whole thing
right there?
MS. ARNOLD: That's it.
MR. OCHS: Yes, ma'am.
CHAIRMAN McDANIEL: And who planted the landscaping
along Devonshire, or is there none?
MS. ARNOLD: There is, and the MSTU did.
CHAIRMAN McDANIEL: The MSTU did that?
MS. ARNOLD: Yes.
COMMISSIONER TAYLOR: And it's more than just that,
right? Wasn't there some roadway and drainage improvements? I
don't remember. But I remember there was a crosswalk or something
going through there. There was -- it was --
March 12, 2019
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MS. ARNOLD: It's only the landscaping beautification along
that roadway on Devonshire.
COMMISSIONER FIALA: Just that little piece right there?
That's all we're talking about? But everybody else is paying into
that? That's why they have three-quarters of a million dollars sitting
there?
MS. ARNOLD: Uh-huh, at this time, yes.
CHAIRMAN McDANIEL: Right. And so, just as a topic of
discussion -- and it's -- Commissioner Taylor, please, your light's up.
Go ahead.
COMMISSIONER TAYLOR: If we decide not at this point to
expand the boundaries, I think it would be -- to the Rich King
Memorial Parkway, I think it would be very important to get some
statistics, which would require actually going out and asking folks
where they live that use it. I think that would be very helpful for
everyone. That's information that needs to be cleared.
CHAIRMAN McDANIEL: I've actually been told that there's
very limited parking for anybody that doesn't live in close proximity
to that facility to utilize it. So having improvements to it's really not
going to attract a lot of people to the area unless -- but those that are
living there to have the access to it, so...
COMMISSIONER TAYLOR: That's a point.
CHAIRMAN McDANIEL: So it's -- that has -- in relationship
to the use -- you know, you can't just count the people. You actually
have to necessarily understand where they're coming to it from as
well, so...
COMMISSIONER FIALA: But I think people, like in Rivera,
the Rivera people use -- I'm amazed at how many people use that
thing.
COMMISSIONER TAYLOR: Really?
COMMISSIONER FIALA: Yeah.
March 12, 2019
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CHAIRMAN McDANIEL: Well, there is a lot, but they live
there in the area. There's no --
COMMISSIONER FIALA: Yeah, they live there.
CHAIRMAN McDANIEL: People don't travel to it -- well, I'm
sure some do.
COMMISSIONER TAYLOR: Yeah, and they're not biking on
Davis or biking, you know, long distances.
CHAIRMAN McDANIEL: I really like the aspect of bike paths
underneath power lines away from steel.
COMMISSIONER FIALA: They were going to connect that all
the way to the other end of town, weren't they?
COMMISSIONER TAYLOR: That's right.
CHAIRMAN McDANIEL: There was a talk about it at one
time.
So what would you like for us to do, Commissioner Taylor?
COMMISSIONER TAYLOR: I'd like you to -- based on -- and
I'm going to put it on your shoulders but not in a mean way.
COMMISSIONER FIALA: Oh.
COMMISSIONER TAYLOR: Commissioner Fiala's
comments. I'd like to expand the boundary. I think it makes great
good sense. But I think that -- but I also at the same time would like
a plan of outreach because I think this would -- it has to be fairly
aggressive in a very positive sense to these neighborhoods. It's a very
large area, and I think they deserve maybe a little extra treatment here
initially till that system is in place.
As I say, I think this has been a great exercise in understanding
what everyone's responsibility is.
CHAIRMAN McDANIEL: Are we expanding the boundary of
the MSTU or the boundary of the MSTU's authorization to spend
money?
COMMISSIONER TAYLOR: Well, I think it would be both. I
March 12, 2019
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think if we expand the boundary -- if, indeed, it's used locally, then I
don't see why you wouldn't improve this Rich King Memorial
Parkway. And I remember the great plans of this. This was a very
important area.
MS. ARNOLD: The MSTU currently is allowed to do that type
of work within its boundaries. So we're not asking you to allow us to
do anything more than we are already authorized to do.
COMMISSIONER TAYLOR: Okay.
MS. ARNOLD: The boundaries are what is being asked to be
modified so we're not modifying or improving half of the greenway
and not the other.
COMMISSIONER TAYLOR: The other half.
MS. ARNOLD: The eastern.
COMMISSIONER FIALA: Just for curiosity's sake, again, if
you don't mind me jumping in. Because I was surprised at just that
little piece that was there that all of this money is going toward.
Show me where you want to expand it on this map, please.
MS. ARNOLD: This area right here. It's hard to see the yellow.
There's a yellow line on that map that shows --
COMMISSIONER TAYLOR: You want to go down to Davis?
MS. ARNOLD: We're already at Davis. So it would only take
in the eastern portion.
COMMISSIONER TAYLOR: The eastern half.
MS. ARNOLD: So the red boundary is here along the section
line, and we're asking you to expand it to incorporate all of the Rich
King Greenway right-of-way.
CHAIRMAN McDANIEL: And just for --
MS. ARNOLD: It's a mile. It's a mile north. And it's how
many feet wide?
UNIDENTIFIED SPEAKER: 110 feet.
MS. ARNOLD: 110 feet.
March 12, 2019
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CHAIRMAN McDANIEL: My concern with the expansion is
then, in turn, comes planting and ongoing maintenance, and there's
really no throttle on -- which has been represented by a lot of folks
that have -- subdivisions within the district have unanimously voted
to sunset the tax, and that's where I have a concern with the
expansion of the boundary.
I'm not in favor of sunsetting the MSTU, but nor am I in support
of expanding the boundary without some limitations on what can and
can't be done. And that's where I have a concern is we -- at our last
board meeting, we discontinued our -- as was represented by one of
our speakers, that we discontinued a capital program on the premise
of the ongoing maintenance and the --
COMMISSIONER TAYLOR: Correct.
CHAIRMAN McDANIEL: -- huge expense increase. And I've
got a concern that nobody's hitting the brakes.
COMMISSIONER TAYLOR: But I thought that this would
come back to us in terms of a budget to describe what you're going to
be doing; is that right?
MS. ARNOLD: Yeah, that would be --
COMMISSIONER TAYLOR: We're the brakes.
MS. ARNOLD: We would bring this back. And I would offer
that we do it as a separate item so you-all can see once the planning
process is put in place with the committee. As I said, they haven't
really done anything with regard to the Rich King Greenway -- and
bring that back to show you-all what the plans are, what it would
involve and costs associated with improvements as well as the
projected maintenance.
CHAIRMAN McDANIEL: If they -- if we expand the
boundaries, then that committee of five, at staff's recommendation,
has the authority to expend funds to do the improvements for
landscaping and then the ongoing maintenance that's associated on
March 12, 2019
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that expansion of the boundary.
MS. ARNOLD: Correct.
CHAIRMAN McDANIEL: Correct?
COMMISSIONER TAYLOR: No, no. We're the final.
MS. ARNOLD: No. We would have to -- we bring the
ordinance back to do that; yes, we would do that.
COMMISSIONER TAYLOR: But --
MS. ARNOLD: Everything that we do in terms of project
improvements is brought to this board.
COMMISSIONER TAYLOR: There we go. See, so we're the
brake.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: To me it makes great good sense
to --
CHAIRMAN McDANIEL: The brakes should be --
COMMISSIONER TAYLOR: -- include it, whatever we do.
CHAIRMAN McDANIEL: The brakes should be the citizenry
committee with the input from the people that are paying the taxes --
COMMISSIONER TAYLOR: That's right.
CHAIRMAN McDANIEL: -- that are funding the MSTU, not
us.
MS. ARNOLD: Which we're doing.
CHAIRMAN McDANIEL: And, unfortunately, up until this
point, it's been us. There hasn't been a lot of -- as much without --
I'm not throwing any rocks. There hasn't been as much public output,
necessarily, as there could have been.
COMMISSIONER TAYLOR: Which, to me, would mean that
if we expanded it, then what would happen is we would -- we would
be the -- we would approve the project, but to me this is a litmus test
of how good your outreach should be.
MS. ARNOLD: Sure.
March 12, 2019
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COMMISSIONER TAYLOR: Because what if everybody, the
majority of folks say, just leave it alone. You've expanded the
boundary, don't spend the money, then you would come back to us
and tell us that.
MS. ARNOLD: Right.
COMMISSIONER TAYLOR: And there would have to be a
way of ascertaining that issue --
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: -- not expanding the boundary,
but actually the project, and maybe that's what's been missing, really
clearly an outreach in a very granular sense to the folks that pay into
this about what the project is and allow them to vote on it
accordingly, project.
COMMISSIONER FIALA: So at least everybody'd have a say
in it, right?
COMMISSIONER TAYLOR: Yes, exactly.
COMMISSIONER FIALA: Yeah. Because we haven't heard
anybody here exclaiming over wanting to do it at all but, you know,
there's just -- there's just a few people. This is a huge area. So
maybe they could go back and get that. I don't know whether it
would be signing up a little --
CHAIRMAN McDANIEL: Yeah. I don't want to put us into a
position where we're going out on a referenda vote every time
somebody wants to plant a posey or not and/or maintain it or not.
And we have a citizenry group that has been appointed by this board
to oversee this MSTU and make recommendations to us. It had
issues with membership for quite some time. I mean, there were
periods of time, I remember, when we weren't able to reach a
quorum. And so the outreach to the folks that are paying in has been
the lackluster portion on my side.
And I just -- again, the reservation I have, the MSTU is
March 12, 2019
Page 135
functioning, the people are, in fact, aware of it. We need to give due
consideration to folks who have expressed an interest in serving on
this committee, and the public outreach can be done. I mean, a
simple website can be established for a project that's coming up and
the proposition of a maintenance, and click yes, click no. That's a
simple poll process that can, in fact, enhance the public outreach and
engage the folks that are paying into the MSTU.
COMMISSIONER FIALA: So my question is, there's five
members on this board. Are any of them here?
CHAIRMAN McDANIEL: One did send us an email, and she
has to work. She had a conflict, and she couldn't be here, and she
expressed that we -- I think she said that she wants to continue on
with the -- she recommended the boundary expansion and the
continuance of the MSTU.
MS. ARNOLD: Yeah. The other -- we've got five members,
and they all had conflicts, but one of the members wanted to actually
send an email expressing that. And they have taken a motion. They
made motions at two separate meetings asking not to sunset and
asking to allow them to continue projects.
CHAIRMAN McDANIEL: Well, they have the right to
continue projects.
MS. ARNOLD: No.
COMMISSIONER TAYLOR: Expansion of the boundary?
CHAIRMAN McDANIEL: Did we --
MS. ARNOLD: You-all stopped them from doing it, yes.
CHAIRMAN McDANIEL: Did you suspend their --
COMMISSIONER TAYLOR: Yes, we did.
CHAIRMAN McDANIEL: Any projects whatsoever?
MS. ARNOLD: Yes, for a year.
COMMISSIONER TAYLOR: Until this was cleared. Clarified
and -- yes. Abundance of caution.
March 12, 2019
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CHAIRMAN McDANIEL: And, again, that's where my
misunderstanding maybe came in when I voted for that. I thought we
were coming for a boundary expansion, and I read a litany of
additional projects that were being added in that were not necessarily
financially accounted for, which was my concern for discontinuing
what the practices were at that time.
So are you going to make a motion?
COMMISSIONER TAYLOR: I did, and my motion was to
expand the boundary, and that there would -- to agree to expand the
boundary, and that a plan to improve the Rich King Greenway on the
eastern side be brought to each neighborhood master association or
smaller associations and that the MSTU reports back to us on their
outreach efforts.
MS. ARNOLD: Could you also include lifting the hold on the
current project?
COMMISSIONER TAYLOR: And let -- have that also
included in the motion, to lift the hold on ongoing projects.
CHAIRMAN McDANIEL: Is there a second?
COMMISSIONER SOLIS: I'll second.
COMMISSIONER FIALA: Are there any people within that
boundary that you want to expand that will then also be paying into
this MSTU, or will it be the same people paying in to do that?
MS. ARNOLD: Same people. It's all --
COMMISSIONER SOLIS: You're just including --
MS. ARNOLD: -- property that's --
COMMISSIONER SOLIS: -- a piece of -- a bigger piece of the
FP&L easement, right?
MS. ARNOLD: Correct.
COMMISSIONER SOLIS: No new people going in.
COMMISSIONER FIALA: I didn't know that, you know. I just
wanted to know what was happening.
March 12, 2019
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CHAIRMAN McDANIEL: Well, the new people that are
coming are new construction that are coming into the area, new
residents and such, so...
All right. It's been moved and seconded that we not -- or that we
continue on the MSTU, we expand the bounds, and then reinitiate
them to do the projects as they were previously allowed.
MR. KLATZKOW: So you want staff to advertise the
ordinance?
COMMISSIONER FIALA: Say that again.
COMMISSIONER TAYLOR: Yes, because we have to discuss
this again.
MR. KLATZKOW: Yes, you do --
COMMISSIONER TAYLOR: Yes.
MR. KLATZKOW: -- unfortunately.
COMMISSIONER TAYLOR: Yes.
MR. KLATZKOW: Okay. Thank you.
COMMISSIONER TAYLOR: Let my motion reflect the
advertisement of the ordinance also, if the seconder agrees.
COMMISSIONER SOLIS: Absolutely.
CHAIRMAN McDANIEL: For a point of discussion, I'm
hesitant in that expansion just because of -- just because of what
we've learned today with -- and an enormous amount of people that
are within the district that have expressed concerns about how the
MSTU's been functioning.
I have other thoughts that I think might be a little more palatable
but -- Commissioner Saunders, do you have anything to say?
COMMISSIONER SAUNDER: No, sir. It's been a very
interesting conversation, though.
CHAIRMAN McDANIEL: Yeah, it sure has.
I'm inclined to support the commissioner of the district who
should be as aware of it as anyone with regard to this, and I -- so I'm
March 12, 2019
Page 138
going to support your motion, but I would like it to be known that I'm
going to -- I want us to spend some good time with regard to this
MSTU and its functionality and what's, in fact, doing good or bad.
COMMISSIONER TAYLOR: Yes. Absolutely.
CHAIRMAN McDANIEL: Any other discussion?
COMMISSIONER FIALA: I would love to support the
commissioner for that district as well. I'm having a problem doing
that, but I think her heart is in the right place, and she's trying to do
the right thing. Right now I just can't put my arms around it, but I
know that you're trying to do the right thing, really.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER FIALA: I just can't put my arms around it
now, so I will vote against it.
CHAIRMAN McDANIEL: All right. Well, it's been moved
and seconded. All those 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: It passes 4-1.
MS. ARNOLD: Thank you.
Item #13A
RECOMMENDATION TO AUTHORIZE THE CREATION OF
ONE (1) ADDITIONAL FULL-TIME CIVIL CASE MANAGER
POSITION IN THE COURTS AND RELATED DIVISION IN
RESPONSE TO THE INCREASE OF CIVIL FILINGS FROM
HURRICANE IRMA – APPROVED
March 12, 2019
Page 139
MR. OCHS: Commissioners, that takes us to Item 11A, or
excuse me, 13A. This was a recommendation to authorize the
creation of one additional full-time civil case manager position in the
courts division.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll make a
motion to approve that.
CHAIRMAN McDANIEL: Yeah, and I'm really sorry. I didn't
realize they were going to be sitting here for this entire time. And I
just realized why you folks were here. We'd have moved you up and
let you go back to work.
MR. RICE: No apology needed.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the request.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: Any 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. RICE: Thank you very much.
COMMISSIONER TAYLOR: Fascinating morning, right?
MR. RICE: Very interesting. You guys are doing a great job.
COMMISSIONER FIALA: I might add, every time we delay
our lunch because we just had a couple more things, and ever notice
it takes hours.
March 12, 2019
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CHAIRMAN McDANIEL: Well, it's an hour so far.
COMMISSIONER FIALA: Well, we're not done.
CHAIRMAN McDANIEL: We've got one more.
COMMISSIONER FIALA: But then we have comments
afterwards, right?
COMMISSIONER SOLIS: We've got one more.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER FIALA: I don't think we should be doing
that anymore.
Item #14B
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE COMMUNITY
REDEVELOPMENT AGENCY BOARD (CRAB), AUTHORIZE
THE TERMINATION OF THE LEASE WITH CHRISHELLE III,
LLC REGARDING THE FUTURE BAYSHORE GATEWAY
TRIANGLE CRA OFFICE AT 2348 PINELAND AVENUE AND
AUTHORIZE THE CRA DIRECTOR TO CONTINUE TO WORK
WITH COUNTY STAFF TO FIND SUITABLE CRA OFFICE
SPACE FOR THE CRAB TO CONSIDER IN THE FUTURE –
MOTION TO UPHOLD DECISION OF THE CRA AND DISCUSS
THE CRA POSSIBLE MOVE TO A COUNTY OWNED
BUILDING – APPROVED
MR. OCHS: Mr. Chairman, that takes us to 14B, which was
previously 16B3 on your agenda. This is a recommendation for the
Board, acting as the CRA board, to authorize the termination of a
lease with Chrishelle, LLC, regarding the future Bayshore/Gateway
Triangle CRA office.
CHAIRMAN McDANIEL: And we don't need a report on that.
March 12, 2019
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I think we have some public speakers. Would you like to hear from
them before we go? Please, public speakers.
MR. MILLER: I have two registered speakers on this item.
Your first speaker is Charles Massimi. He will be followed by
Janeice Sawitoski. I hope I'm saying that right.
MS. SAWITOSKI: No, that's okay. Janice.
MR. MILLER: Janice, thank you.
MR. MASSIMI: Hello. My name is Charles Massimi. My wife
and I own Pineland Plaza, which is a small strip mall on the East
Trail down the road from here. And thank you, Board Members, for
allowing me to speak and present the facts.
On 9/11/18 I entered into an agreement with Collier County
Community Redevelopment Agency to rent approximately 3,400
square feet of space.
On December 19th, plans were submitted to Collier County for
permits, but due to Hurricane Irma, the county was backed up and not
able to provide my contractor with the response till the end of
January. The plans were rejected for plumbing and electrical reasons
due to faulty coding. The building was coded as Schedule 2 and
should have been 3.
On the 28th of January 2019, it was corrected and returned to
the county. On 2/12/19 the county requested energy counts from the
air conditioner company, and that was completed on 2/21/2019,
which is a normal amount of time for the type of energy calculation
that was done.
On February 22nd of '19, the county wanted to know what
would be changed to correct the energy count which was slightly off.
That same day, Friday the 22nd, my contractor notified the architect
the lighting system would be changed to LED.
On the 28th of February, the architect sent the changes to the
county, which is still in review as of today. On February 28th, my
March 12, 2019
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contractor received an email from Jonathan Walsh lifting a stop work
order.
When the lease was signed, the space was supposed to be
completed January 31st, 2019. Due to Irma and other factors and
circumstances I just mentioned and others besides which I don't have
time to speak about in the three minutes I'm allotted, Deborah
Forester allowed us a few extensions, the latest on February 22nd,
which we received an email extending the county's current lease to
April 31st.
What's extremely upsetting to my wife and I is when we
received the email to extend the lease out to April 31st on
February 22nd, the decision to back out of the lease was already
made. It had to be. Just nine days after the email was received, a
certified letter notifying us of which what's occurring right now was
sent.
This may not be very important to CRAB, but to my wife and I
it is. When I'm given an extension, that's a green light to spend more
money on the unit for the county, which I've spent over $50,000 more
on -- $50,000 on now, or above.
I spoke to Deborah this past Thursday, when I found out about
the county looking to back out of their lease while I was at Disney
World with my grandchildren. I basically told them I did not want
the county to back out, and I would be a great landlord.
She told me she would get back to me the next day, but it was up to
her boss. I never heard back from her, but I still would like to
continue on.
My contractor is now ready. We have the green -- we have a lot
of green lights. We have work crews waiting, and we will be
completing on the date we've -- that we were given, by the 31st or
before.
I please ask you to put a stop to this. Thank you.
March 12, 2019
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CHAIRMAN McDANIEL: Your next speaker is Janice
Sawitoski.
MS. SAWITOSKI: Jan Sawitoski. I manage the shopping
center at 2348 Pineland for Mr. and Mrs. Massimi.
We have worked tirelessly to get the community, you know, into
our shopping center. We have the Collier County Redevelopment
Association that had planned on coming in. We went and bent over
backwards to make sure that they had the office space that they
wanted. We did numerous blueprints to accommodate their spaces
and their meeting rooms and their conference rooms and their offices
so they had the windows up front, and we've done nothing but try and
make them happy.
We have a great shopping center. We take very good care of it.
We're very conscientious about the looks of the building, and we
want to make sure that they are happy in our building.
And I would like to say, please, give us a thumbs up, because
we'd like to keep them there. We've done a lot of work, and we'd
appreciate it. Thank you.
MR. MILLER: That was your final speaker on this item.
COMMISSIONER TAYLOR: Mr. Chair, I think it would
behoove us to hear from the CRA director on this issue.
CHAIRMAN McDANIEL: Absolutely.
MS. FORESTER: Deborah Forester, CRA director.
Just to maybe clarify some of the statements that were made. We
currently are in our lease at our location at 3570 Bayshore Drive.
CHAIRMAN McDANIEL: Which is a different location than
what's been represented here --
MS. FORESTER: That's correct.
CHAIRMAN McDANIEL: -- and we approved to move to
some time ago.
MS. FORESTER: Right. In September you agreed for us to
March 12, 2019
Page 144
look at moving at the Pineland space.
So right now we have on a month to month with our current landlord,
and we have to give them notice that we're going to extend for
another 30 days. So when this had become an issue, I needed to
make sure our current landlord knew we were staying longer.
And so when I last spoke, I had mentioned to Mr. Massimi that
we were going to go ahead and extend our lease till April 30th, which
is our last extension, but that we needed to know we were going to be
moving forward with a permit issued.
So as of, I think, this morning, we looked again, and there was
no additional information submitted into that portal.
We have always worked very hard and tried to move us to this new
space. If you've been in our current location, you know that we need
some new space. So this is not because we certainly want to
terminate but because we need to make sure that we have some office
space for our staff.
And so at this point in time we were not -- we did not feel that
we would make -- we didn't make our February 15th deadline, which
was in the lease, and so now we were just trying to work.
And April 30th we cannot extend our current lease any longer.
So unless I know where we're going to be come April 30th, we would
be homeless for our office space.
So that's where we began to look. Tami Scott from our office
has worked very closely with the designer and the contractor to try
and resolve these issues, and it was really waiting for them to submit
the documentation into the permitting office so that we could move
forward and get a permit.
CHAIRMAN McDANIEL: And I have -- have we obligated the
new landlord to do improvements for the new space?
MS. FORESTER: Well, yes. They were -- but our lease says
we can terminate if we do not get a CO by the date identified.
March 12, 2019
Page 145
CHAIRMAN McDANIEL: Right.
MS. FORESTER: And right now that date was February the
15th.
CHAIRMAN McDANIEL: Correct.
MS. FORESTER: So now we're almost 30 days into that, and
we still don't have a permit issued. There have been several
challenges with that contractor moving forward on getting some
permits issued.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Well, I think the CRA should
know they'll never be homeless. We have space in the county. We
have this wonderful room, and your meetings could be televised.
And so I'm not so sure you'll ever be homeless. But, clearly, it was a
unanimous vote of the CRA advisory board to terminate this lease.
So I think that our executive director has done due diligence in this.
CHAIRMAN McDANIEL: And I have to say, you know, I
voted to approve the new lease back when we did that, but I was
questioning the expense associated with the new lease --
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: -- and wondering why we couldn't
bring our CRA onto this campus where we wouldn't have that kind of
ongoing exposure and rent specifically for the CRA. So I'm -- if you
want to make a motion.
COMMISSIONER TAYLOR: I'd like to make a motion that we
uphold the decision of the CRA and the executive director to
terminate this lease, but also part of that motion I would like to ask
that we discuss with the CRA at our upcoming workshop in April the
possibilities and the promise of moving into these government
buildings. This government building is within the CRA. And it also
might prove a substantial savings in TIF money.
Thank you.
March 12, 2019
Page 146
CHAIRMAN McDANIEL: That was actually -- second. That
was in my notes this morning when I -- when we were talking about
16B, whatever the number is --
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: -- when we were talking about that,
I had that in my notes as to give consideration to coming on campus.
COMMISSIONER FIALA: So where would we go? Is there an
empty --
CHAIRMAN McDANIEL: Stay on the mic.
COMMISSIONER FIALA: I thought I was.
CHAIRMAN McDANIEL: Well, you're not.
COMMISSIONER FIALA: Where do we have a space to house
everybody and, you know, a lot of people dropping in and out every
day and so forth? Where --
COMMISSIONER TAYLOR: Not back here. It wouldn't be
here, but their meetings could be held here.
COMMISSIONER FIALA: I understand that, but --
COMMISSIONER TAYLOR: And the offices -- I think there's
office space on campus, but that would have to be up to the County
Manager. And it's a discussion that we don't have to make today. It
would be a discussion for our upcoming workshop in April.
MR. OCHS: I don't have anything identified as we sit here, but
we'd go look around and report back to the Board during the
workshop.
CHAIRMAN McDANIEL: Any other further discussion?
(No response.)
CHAIRMAN McDANIEL: Commissioner Saunders?
COMMISSIONER SAUNDERS: No additional comment. I
support the motion.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: All in favor?
March 12, 2019
Page 147
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 #15
STAFF AND COMMISSION GENERAL COMMUNCATIONS
MR. OCHS: Commissioners, we move to staff and commission
general communications.
Just a reminder of your next two workshops. April 2nd you'll be
meeting with both of your CRAs in a workshop setting, and then
followed in June by your mental-health workshop.
The only other thing I have, Mr. Chairman, is I just wanted to --
pleased to report to the Board that the Florida Department of
Environmental Protection recently awarded the 2018 Domestic
Wastewater Plant Operations Excellence Award to your North
County Water Reclamation Facility, so it's another acknowledgment
of the good work of Dr. Yilmaz and Steve Messmer, the director of
the plants, Robert von Holly (phonetic), his plant manager, and all the
dedicated staff in your utility department.
COMMISSIONER SOLIS: Well done.
MR. OCHS: Thank you.
COMMISSIONER TAYLOR: Congratulations.
MR. OCHS: That's all I have.
CHAIRMAN McDANIEL: County Attorney?
March 12, 2019
Page 148
MR. KLATZKOW: Nothing, sir.
CLERK KINZEL: Nothing, sir.
CHAIRMAN McDANIEL: Thank you for moving us along.
Commissioner Solis.
COMMISSIONER SOLIS: Nothing for me other than just to
thank everyone for all the condolences for my mother. Thanks.
CHAIRMAN McDANIEL: We've been praying for you, pal.
COMMISSIONER SOLIS: Thanks.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: No. I have a question about that
last thing, but I don't know if I want to -- I don't know if I want to ask
it right now, or maybe I better wait till after the meeting and talk with
staff afterwards.
Okay. Other than that, I have nothing else.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Well, I'd like my Chairman to
know that at our next meeting we're going to be giving a
proclamation to Swamp Buggy --
CHAIRMAN McDANIEL: Oh, nice, outstanding.
COMMISSIONER TAYLOR: -- for 70 years of activity and
service to our county, but I also would like to let the Chairman know
that I was asked to come there to drop the flag.
CHAIRMAN McDANIEL: I know. I know.
COMMISSIONER TAYLOR: You heard about it?
CHAIRMAN McDANIEL: I did. How do you think you got
there?
COMMISSIONER TAYLOR: All right. But they tell me I was
the best ever.
CHAIRMAN McDANIEL: Oh, now I see.
COMMISSIONER TAYLOR: And --
COMMISSIONER SAUNDERS: They told me the same thing.
March 12, 2019
Page 149
COMMISSIONER TAYLOR: Okay. But did you ride Old Doc
around the track? Because they actually put me in a swamp buggy
guaranteed that I would not get wet and drove me around the track in
a swamp buggy called Old Doc which was created in the 1970s. And
they really didn't tell the truth. I got soaked, but it was so much fun.
COMMISSIONER FIALA: Well, you had to be a good sport.
COMMISSIONER TAYLOR: Oh, it was so much fun, and I
understand why they want to race. It is just incredible.
CHAIRMAN McDANIEL: If you have never been --
COMMISSIONER TAYLOR: I've never been. I've never been
in a swamp buggy let alone go around the swamp buggy track.
COMMISSIONER FIALA: Do you remember when they used
to race on Radio Road?
COMMISSIONER TAYLOR: Yes, yes.
COMMISSIONER FIALA: Isn't that something?
COMMISSIONER TAYLOR: Yes. So we're --
CHAIRMAN McDANIEL: I'm really glad that you went.
COMMISSIONER TAYLOR: Thank you. Well, thank you for
that.
COMMISSIONER FIALA: I want to see pictures.
COMMISSIONER TAYLOR: I've got one, I'll bring it in, of me
next to the Old Doc. I don't think they photographed me when I was
going around the -- but they did tell me that they weren't going to go
fast, and when they took off was when I realized it was all a hoax.
They went fast.
CHAIRMAN McDANIEL: Commissioner Saunders, do you
have anything before we close?
COMMISSIONER SAUNDERS: No, sir, I do not.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: And may I say, Commissioner
Saunders, I really appreciated your motion about the PACE and that
March 12, 2019
Page 150
you took the time and really had the deliberation to look at what was
going on, and thank you very much for your motion.
COMMISSIONER SAUNDERS: Well, you're welcome.
Thank you.
CHAIRMAN McDANIEL: Nor do I, so with that, Happy Saint
Pat's, everybody.
*****
**** Commissioner Fiala moved, seconded by Commissioner Taylor
and carried that the following items under the Consent and Summary
Agendas be approved and/or adopted (Commissioner Solis abstained
from voting on Item #16A6) ****
Item #16A1
AN AGREEMENT FOR THE PURCHASE OF LAND (PARCEL
1228POND) REQUIRED FOR THE VANDERBILT BEACH
ROAD EXTENSION (PROJECT 60168). ESTIMATED FISCAL
IMPACT: $101,500
Item #16A2
AN AGREEMENT FOR THE PURCHASE OF LAND (PARCEL
173FEE) REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT (PROJECT 60168). ESTIMATED FISCAL
IMPACT: $321,725
Item #16A3
RESOLUTION 2019-37: AMENDING EXHIBIT "A" TO
March 12, 2019
Page 151
RESOLUTION NO. 2013-239, THE LIST OF SPEED LIMITS ON
COUNTY MAINTAINED ROADS, TO RE-ESTABLISH THE
SPEED LIMIT ON WHITE BOULEVARD, FROM
APPROXIMATELY 600 FEET WEST TO 593 FEET EAST OF
THE CYPRESS CANAL CENTERLINE, FROM THIRTY-FIVE
(35) MILES PER HOUR TO FORTY-FIVE (45) MILES PER
HOUR SINCE A CONSTRUCTION PROJECT HAS BEEN
COMPLETED AND TO ADD A THIRTY (30) MILE PER HOUR
SPEED LIMIT FOR ROCK ROAD TO THE LIST
Item #16A4
AUTHORIZING THE CLERK OF COURTS TO RELEASE A
PERFORMANCE BOND IN THE AMOUNT OF $12,380 WHICH
WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT
NUMBER 60.120, PL20140002493 FOR WORK ASSOCIATED
WITH TAMIAMI CROSSINGS
Item #16A5
AUTHORIZING THE CLERK OF COURTS TO RELEASE
PERFORMANCE BOND NO. CS9826731 IN THE AMOUNT OF
$283,813.48, WHICH WAS POSTED AS A GUARANTY FOR
WORK ASSOCIATED WITH RICHMOND PARK SITE
DEVELOPMENT PLAN (SDP) PL20150001531
Item #16A6 - Commissioner Solis Abstained from Voting
(During Agenda Changes)
RECORDING THE MINOR FINAL PLAT OF LAMORADA
PARCEL FD2, APPLICATION NUMBER PL20180003505
March 12, 2019
Page 152
Item #16A7
RECORDING THE FINAL PLAT OF THE RANCH AT ORANGE
BLOSSOM PHASE 3A, (APPLICATION NUMBER
PL20180000417); APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
Item #16A8
RESOLUTION 2019-38: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS,
AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE
FINAL PLAT OF TWINEAGLES GRAND ARBORS REPLAT OF
TRACT H, I AND BLOCK 107, APPLICATION NUMBER
PL20120000696, AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A9
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR NAPLES NISSAN CAR
WASH AND DETAIL CENTER, PL20190000027
Item #16A10
FINAL ACCEPTANCE OF THE SEWER FACILITIES AND
ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION
OF THE SEWER UTILITY FACILITIES FOR BAYSHORE FOOD
March 12, 2019
Page 153
TRUCK PARK, PL20180003357
Item #16A11
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR STONECREEK PLAT 2, PHASE 1, PL20170001026 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT
Item #16A12
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR
ESPLANADE AT HACIENDA LAKES PHASE 2B,
PL20170002041 AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL
OBLIGATION BOND IN THE AMOUNT OF $4,000 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT
Item #16A13
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR
ESPLANADE AT HACIENDA LAKES, PL20170002039 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
March 12, 2019
Page 154
DEVELOPER’S DESIGNATED AGENT
Item #16A14
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
FACILITIES FOR TRIANGLE PLAZA AT LELY RESORT,
PL20160001795, ACCEPT UNCONDITIONAL CONVEYANCE
OF THE SEWER FACILITIES, AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $11,801.05
TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT
Item #16A15
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
FACILITIES FOR TRIANGLE PLAZA AT LELY RESORT,
PL20140000509, ACCEPT UNCONDITIONAL CONVEYANCE
OF A PORTION OF THE POTABLE WATER, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $16,097.82 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT
Item #16A16
RECOGNIZING REVENUE FOR RESURFACING/RE-STRIPING
OF HICKORY ROAD WITHIN THE ROAD MAINTENANCE
RESURFACING PROJECT #60131 IN THE AMOUNT OF $63,821
March 12, 2019
Page 155
Item #16A17
AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A
COMMUNITY DEVELOPMENT BLOCK GRANT (CDGB)
GRANT APPLICATION TO COLLIER COUNTY COMMUNITY
AND HUMAN SERVICES FOR A PRELIMINARY
ENGINEERING STUDY FOR STORMWATER MANAGEMENT
IMPROVEMENTS IN NAPLES MANOR IN THE AMOUNT OF
$80,000
Item #16A18
THE SELECTION COMMITTEE’S RANKING FOR RPS #19-7494
FOR “VANDERBILT BEACH ROAD US41 TO E OF
GOODLETTE 6 LANE WIDENING PROJECT,” AUTHORIZE
STAFF TO ENTER INTO NEGOTIATIONS WITH THE TOP
RANKED FIRM OF JACOBS ENGINEERING GROUP, INC.
AND, IF AN AGREEMENT CANNOT BE REACHED WITH
THAT FIRM, TO CONTINUE NEGOTIATING WITH THE
REMAINING FIRMS IN RANKED ORDER TO OBTAIN A
PROPOSED AGREEMENT (PROJECT NO. 60199)
Item #16A19 – Withdrawn (Per Agenda Change Sheet)
RECOMMENDATION TO SIGN A SCHOOL FACILITIES LEASE
AGREEMENT WITH THE SCHOOL DISTRICT OF COLLIER
COUNTY, FLORIDA TO ALLOW FOR A PUBLIC MEETING
FOR THE RANDALL BOULEVARD AND OIL WELL ROAD
CORRIDOR STUDY TO BE HELD ON MARCH 27, 2019 IN THE
PALMETTO RIDGE HIGH SCHOOL CAFETERIA
March 12, 2019
Page 156
Item #16A20
A BUDGET AMENDMENT TO RECOGNIZE REVENUE AND
TRANSFER FUNDING FOR PROJECTS WITHIN THE
TRANSPORTATION SUPPORTED GAS TAX FUND (313) AND
TRANSPORTATION & CDES CAPITAL FUND (310) IN THE
AMOUNT OF $101,844 (PROJECTS 60085, 60088, AND 69333)
Item #16B1
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC) ACTING AS THE COMMUNITY REDEVELOPMENT
AGENCY BOARD (CRAB) APPROVE AN AFTER-THE-FACT
ELECTRONIC GRANT APPLICATION SUBMITTAL IN THE
AMOUNT OF $500,000 TO THE COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES FY 2019/2020
HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FOR THE
IMMOKALEE SIDEWALK IMPROVEMENT PROJECT WITHIN
THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA
Item #16B2
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC) ACTING AS THE COMMUNITY REDEVELOPMENT
AGENCY BOARD (CRAB) APPROVE AN AFTER-THE-FACT
ELECTRONIC GRANT APPLICATION SUBMITTAL IN THE
AMOUNT OF $300,000 TO THE COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES FY 2018/2019
HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY
March 12, 2019
Page 157
DEVELOPMENT BLOCK GRANT (CDBG) FOR THE PHASE 3
FIRE SUPPRESSION PROJECT IN THE BAYSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA
Item #16B3 – Moved to Item #14B1 (Per Commissioner McDaniel
during Agenda Changes)
Item #16C1
INVITATION TO BID #18-7472, “ALARM MONITORING
SERVICES”, TO D.A. SYSTEMS INC. D/B/A DEHART ALARM
SYSTEMS FOR COUNTYWIDE ALARM MONITORING
SERVICES AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT
Item #16C2
THE DOCUMENT NECESSARY TO CONVEY AN EASEMENT
TO FLORIDA POWER & LIGHT COMPANY OVER PROPERTY
OWNED BY THE COLLIER COUNTY WATER-SEWER
DISTRICT AT 512 103RD AVE. N., NAPLES, FL 34108 FOR
INSTALLATION OF ELECTRIC INFRASTRUCTURE
REQUIRED TO POWER A NEW PUMP STATION
Item #16C3
A WORK ORDER IN THE AMOUNT OF $287,500.84,
PURSUANT TO A REQUEST FOR QUOTATION UNDER
AGREEMENT NO. 14-6213 TO QUALITY ENTERPRISES USA,
INC., FOR THE "SCRWTP ACID SYSTEM MODIFICATIONS"
(PROJECT NO. 71065)
March 12, 2019
Page 158
Item #16C4
RESOLUTION 2019-39: AUTHORIZING THE CHAIRPERSON
TO EXECUTE DEED CERTIFICATES FOR THE SALE OF
BURIAL PLOTS AT LAKE TRAFFORD MEMORIAL GARDENS
CEMETERY DURING THE 2019 CALENDAR YEAR, ON
BEHALF OF THE COUNTY MANAGER
Item #16D1
A BUDGET AMENDMENT RECOGNIZING $96,568.15 OF
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM INCOME FOR PROGRAM YEAR 2018/2019
Item #16D2
FOUR (4) SATISFACTIONS OF MORTGAGE FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN
PROGRAM IN THE AMOUNT OF $39,544.95
Item #16D3
AUTHORIZE THE CHAIRMAN TO SIGN THE SECOND
AMENDMENT TO AN AGREEMENT WITH HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC. FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP OWNER-OCCUPIED
REHABILITATION STRATEGY TO ALLOW ADDITIONAL
ACTIVITIES, REDUCE THE CONTRACT AMOUNT AND
PERMIT BUDGET FLEXIBILITY BETWEEN FISCAL YEARS
March 12, 2019
Page 159
Item #16D4
ONE (1) RELEASE OF LIEN FOR $15,553.08, FOR FULL
REPAYMENT OF A COUNTYWIDE IMPACT FEE FOR AN
OWNER-OCCUPIED AFFORDABLE HOUSING DWELLING
UNIT
Item #16D5
AUTHORIZE THE CHAIRMAN TO EXECUTE AN OUTGOING
LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS (BOARD) AND THE NAPLES ART
ASSOCIATION TO PROVIDE FREE PUBLIC ART EXHIBITS AT
THE NORTH COLLIER REGIONAL PARK EXHIBIT HALL AND
AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO
SIGN THE REQUIRED RECEIPT OF ACCEPTANCE OF
ARTWORK AT THE TIME OF DELIVERY
Item #16D6
SERVICES FOR SENIORS, AFTER-THE-FACT, STANDARD
CONTRACT AND ATTESTATION STATEMENT WITH AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.,
(AGENCY) AND TO AUTHORIZE ASSOCIATED BUDGET
AMENDMENTS FOR THE FY19 OLDER AMERICANS ACT
TITLE III PROGRAM IN THE AMOUNT OF ($24,206.22)
Item #16D7
“AFTER-THE-FACT” AMENDMENTS AND ATTESTATION
STATEMENTS WITH THE AREA AGENCY ON AGING FOR
March 12, 2019
Page 160
SOUTHWEST FLORIDA, INC. (AGENCY), COMMUNITY CARE
FOR THE ELDERLY (CCE), ALZHEIMER’S DISEASE
INITIATIVE (ADI), AND HOME CARE FOR THE ELDERLY
(HCE) GRANT PROGRAMS FOR SERVICES FOR SENIORS
AND AUTHORIZE BUDGET AMENDMENTS TO REFLECT
THE FINAL FY17/18 GRANT FUNDING AMOUNT (NET
FISCAL IMPACT $49,620.96)
Item #16D8
RESOLUTION 2019-40: RECOGNIZING A FY18-19 FEDERAL
TRANSIT ADMINISTRATION (FTA) SECTION 5311 RURAL
GRANT AWARD IN THE AMOUNT OF $379,787 TO PROVIDE
TRANSIT SERVICE TO THE RURAL AREA OF COLLIER
COUNTY; APPROVE A RESOLUTION AUTHORIZING THE
CHAIR TO SIGN THE AGREEMENT AND ALL NECESSARY
BUDGET AMENDMENTS AND CERTIFICATIONS. TOTAL
FISCAL IMPACT IS $759,574 WITH A FEDERAL SHARE OF
$379,787 AND LOCAL MATCH OF $379,787
Item #16D9
ACCEPT A FY18-19 FEDERAL TRANSIT ADMINISTRATION
(FTA) SECTION 5310 GRANT AWARD IN THE AMOUNT OF
$351,728, AUTHORIZE NECESSARY BUDGET AMENDMENTS,
AND APPROVE THE PURCHASE OF FOUR (4) PARATRANSIT
CUTAWAY VEHICLES AND FOUR (4) RADIOS AND TABLETS
USING THESE FUNDS
Item #16D10
March 12, 2019
Page 161
RESOLUTION 2019-41: EXECUTING THE ATTACHED FY19-20
PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA)
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) IN THE AMOUNT OF $1,881,698 UNDER STATE
TRANSIT BLOCK GRANT PROGRAM CONTRACT NUMBER
G1577 PROVIDING FOR STATE FUNDING FOR ELIGIBLE
COLLIER COUNTY FIXED ROUTE TRANSIT
ADMINISTRATIVE, MANAGEMENT, AND OPERATIONAL
EXPENSES IN THE AMOUNT OF $940,849, APPROVE A
LOCAL MATCH IN THE AMOUNT OF $940,849, AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENTS
Item #16D11
THREE (3) AGREEMENTS FOR REQUEST FOR
QUALIFICATION (RFQ) #18-7475 “FENCING INSTALLATION
AND REPAIR SERVICES” TO: CARTER FENCE COMPANY,
INC., CENTURY FENCE COMPANY, INC., AND ARC TECH
CONSTRUCTION SERVICES, LLC, AND AUTHORIZE THE
CHAIRMAN TO EXECUTE THE AGREEMENTS WITH
AWARDED CONTRACTORS
Item #16D12
AN APPLICANT-INSTALLED FACILITIES AGREEMENT FOR
UNDERGROUND CONVERSIONS WITH FLORIDA POWER &
LIGHT COMPANY (FPL) FOR PHASE IV OF THE
VANDERBILT BEACH BEAUTIFICATION MUNICIPAL
SERVICE TAXING UNIT (MSTU) UTILITY CONVERSION
PROJECT
March 12, 2019
Page 162
Item #16D13
RESOLUTION 2019-42: PERMITTING CASH AND NON-CASH
DONATIONS FROM MEMBERS OF THE PUBLIC TO THE
COMMUNITY AND HUMAN SERVICES DIVISION FOR THE
SERVICES FOR SENIORS PROGRAM, SENIOR NUTRITION,
AND THE RETIRED SENIOR VOLUNTEER PROGRAM
Item #16D14
AN AFTER THE FACT ELECTRONIC GRANT APPLICATION
SUBMITTAL IN THE AMOUNT OF $90,000 TO THE
COMMUNITY AND HUMAN SERVICES DIVISION (CHS)
FY19-20 HOUSING AND URBAN DEVELOPMENT,
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR
RENOVATIONS TO THE GOLDEN GATE SENIOR CENTER
Item #16E1
RATIFY PROPERTY, CASUALTY, WORKERS’
COMPENSATION AND SUBROGATION CLAIM FILES
SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT
DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15
FOR THE FIRST QUARTER OF FY19
Item #16E2
AN ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
March 12, 2019
Page 163
Item #16E3
THE SALE AND DISPOSAL OF SURPLUS ASSETS PER
RESOLUTION 2013-095 VIA PUBLIC AUCTION ON APRIL 26
& 27, 2019; APPROVE THE ADDITION OF SURPLUS ITEMS
RECEIVED SUBSEQUENT TO THE APPROVAL OF THIS
AGENDA ITEM FOR SALE IN THE AUCTION; AND
AUTHORIZE THE PROCUREMENT DIRECTOR, AS DESIGNEE
FOR COUNTY MANAGER, TO SIGN FOR THE TRANSFER OF
VEHICLE TITLES
Item #16E4
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16F1
TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO
SUPPORT TWO UPCOMING MAY 2019 SPORTS TOURISM
EVENTS UP TO $14,250 AND MAKE A FINDING THAT THESE
EXPENDITURES PROMOTE TOURISM
Item #16F2
BUDGET AMENDMENTS TOTALING $50,000 THAT WILL
PROVIDE FUNDING FOR VARIOUS AGENCIES WITHIN THE
COURTS SYSTEM TO COVER ARTICLE V REVENUE
March 12, 2019
Page 164
SHORTFALL FOR THE BALANCE OF FY2019
Item #16F3
RESOLUTION 2019-43: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2018-19 ADOPTED
BUDGET
Item #16F4
A WORK ORDER UNDER CONTRACT #15-6397
“ENVIRONMENTAL AND BIOLOGICAL STUDIES” FOR
CLAM BAY MONITORING AND MANAGEMENT TO EARTH
TECH ENVIRONMENTAL IN THE AMOUNT OF $212,250
Item #16H1
RECOGNIZING THE 43RD ANNIVERSARY OF THE COLLIER
COUNTY FAIR, SCHEDULED FOR MARCH 14-24, 2019. THE
PROCLAMATION WILL BE MAILED TO TJ SNOPKOWSKI,
MARKETING & SPONSORSHIP DIRECTOR, COLLIER
COUNTY FAIR & EXPOSITION, INC.
Item #16J1
USE OF $5,000 FROM THE CONFISCATED TRUST FUNDS TO
SUPPORT THE ACT-SO (ACADEMICS, CULTURAL
TECHNICAL SCIENTIFIC OLYMPIC) PROGRAM FOR THE
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF
COLORED PEOPLE (NAACP)
March 12, 2019
Page 165
Item #16J2
DETERMINING A VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
MARCH 6, 2019
Item #16J3
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 FEBRUARY 14, 2019 AND
FEBRUARY 27, 2019 PURSUANT TO FLORIDA STATUTE
136.06
Item #16K1
A MEDIATED SETTLEMENT AGREEMENT IN THE TOTAL
AMOUNT OF $72,329.50, INCLUDING ATTORNEY AND
EXPERT FEES AND COSTS, FOR THE TAKING OF PARCEL
460RDUE REQUIRED FOR THE EXPANSION OF GOLDEN
GATE BLVD., PROJECT NO. 60145 (FROM EAST OF
EVERGLADES BLVD. TO THE FAKA UNION CANAL), IN THE
PENDING CASE STYLED COLLIER COUNTY V. CKC
PROPERTY HOLDINGS, LLC, ET AL., CASE NO. 17-CA-1398
(FISCAL IMPACT: $52,439.50)
Item #16K2
March 12, 2019
Page 166
A MEDIATED SETTLEMENT AGREEMENT AND
STIPULATED FINAL JUDGMENT TO SETTLE FINAL
COMPENSATION FOR THE TAKING OF PARCEL 405RDUE, IN
THE AMOUNT OF $33,377.70, INCLUDING STATUTORY
ATTORNEY FEES AND COSTS, AND EXPERT FEES AND
COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V. GG1
NAPLES, LLC, ET AL, CASE NO. 17-CA-1407, REQUIRED FOR
THE GOLDEN GATE BOULEVARD EXPANSION PROJECT NO.
60145 (FISCAL IMPACT: $33,377.70)
Item #16K3
RESOLUTION 2019-44: APPOINTING ONE MEMBER TO THE
COASTAL ADVISORY COMMITTEE – APPOINTING SAM
YOUNG, AS THE MARCO ISLAND REPRESENTATIVE, TO A
TERM EXPIRING MAY 22, 2023
Item #16K4
RESOLUTION 2019-45: APPOINTING ONE MEMBER TO THE
BAYSHORE/GATEWAY TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD – APPOINTING
ALLEN SCHANTZEN TO A THREE-YEAR TERM EXPIRING
ON MAY 22, 2022
Item #16K5
RESOLUTION 2019-46: APPOINTING A MEMBER TO THE
PARKS AND RECREATION ADVISORY BOARD –
APPOINTING JOSHUA FRUTH TO FILL THE REMAINDER OF
A TERM EXPIRING DECEMBER 31, 2019
March 12, 2019
Page 167
Item #16K6
RESOLUTION 2019-47: APPOINTING TWO MEMBERS TO THE
PUBLIC TRANSIT ADVISORY COMMITTEE – APPOINTING
JAMES CATON TO FILL A TERM EXPIRING MARCH 22, 2020
AND CLIFFORD DONENFIELD TO A TERM EXPIRING
MARCH 22, 2022
Item #16K7
AUTHORIZING THE COUNTY ATTORNEY TO ADVERTISE
AND BRING BACK FOR PUBLIC HEARING AN ORDINANCE
AMENDING ORDINANCE NO. 97- 8, AS AMENDED, THE
COLLIER COUNTY FALSE ALARM ORDINANCE TO ALLOW
FOR SERVICE OF WARNINGS AND CITATIONS TO BE MADE
BY TEXT MESSAGE OR ELECTRONIC MAIL
*****
March 12, 2019
Page 168
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 1:47 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
_______________________________________
WILLIAM L. McDANIEL, JR., CHAIRMAN
ATTEST:
CRYSTAL K. KINZEL, CLERK
___________________________
These minutes approved by the Board on ____________, as
presented ______________ or as corrected _____________.
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.