BCC Minutes 04/23/2019 RApril 23, 2019
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 23, 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
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April 23, 2019
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
April 23, 2019
9:00 AM
Commissioner William L. McDaniel, Jr., District 5 - Chair; CRAB Co-Chair
Commissioner Burt Saunders, District 3 – Vice-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Andy Solis, District 2
Commissioner Penny Taylor, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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April 23, 2019
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Reverend Craig Goodrich of First Presbyterian Church of
Naples
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. March 26, 2019 - BCC Meeting Minutes
C. April 2, 2019 BCC/CRA Workshop Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
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B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation recognizing Legal Aid Service of Collier County for its
dedication to serving the most vulnerable and economically needy members
of our community. To be accepted by representatives of Legal Aid Service
of Collier County, Carol O'Callaghan and Jeff Ahren.
B. Proclamation designating April 27 - May 4, 2019 as Pickleball Week in
Collier County, in recognition of the Minto US Open Pickleball
Championships’ return to East Naples Community Park, attracting more
than 2,000 players and more than 10,000 spectators from around the world,
making Collier County the Pickleball Capital of the World. To be accepted
by Terri Graham, Chris Evon, Jim Ludwig and Carol Caefer.
C. Proclamation designating April 2019 as Sexual Assault Awareness Month in
Collier County. To be accepted by Eileen Wesley, Project HELP; Angela
Larson, Collier County Sheriff's Office; and Betty Ardaya McGuire, Office
of the State Attorney.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for April 2019 to
Humane Society Naples. To be accepted by Sarah Baeckler Davis,
Executive Director and Jon Foerster, Director of Community Affairs. Also
present is Bethany Sawyer representing the Greater Naples Chamber of
Commerce.
6. PUBLIC PETITIONS
A. Public Petition request from Mr. Michael Tirpak requesting that the Board of
County Commissioners change, with no fee, the zoning from residential to
commercial on Lot #11 of his property located at 3047 Terrace Avenue,
Naples FL 34104.
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7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item was continued from the March 26, 2019 BCC meeting and
further continued from the April 9, 2019 BCC meeting.
Recommendation to adopt a Resolution approving an amendment to the
Collier County Community Redevelopment Plan. (This item is a companion
to Item #14B1)
10. BOARD OF COUNTY COMMISSIONERS
A. Request by Commissioner Solis to reconsider Item Number 11B from the
March 26, 2019 BCC Meeting which reads, Recommendation to accept the
report and suggestions from the Tourist Development Council for next steps
in regulating Short Term Vacation rentals in the unincorporated area of
Collier County.
11. COUNTY MANAGER'S REPORT
A. Recommendation to accept the offer from Metro Commercial Development
Group LLC in the amount of $3,500,000 for the County-owned parcel
located between Immokalee Road and 4th Avenue Northeast (Randall Curve
parcel) and authorize the County Manager to negotiate a Developer
Contribution Agreement with Immokalee Road Rural Village for the
development of a joint County and School District project. (Toni A. Mott,
Real Property Manager, Public Utilities Department)
B. Recommendation to advertise a public hearing to consider the adoption of a
new ordinance to be called the Pollution Control and Prevention Ordinance,
consolidating, repealing and replacing Ordinance No. 87-79, regarding the
Transportation and Disposal of Sludge and repealing Resolution No. 88-311
regarding fees for sludge transportation and disposal permits. This proposed
ordinance will be in addition to Ordinance No. 89-20, the existing Collier
County Water Pollution Control Ordinance. (Danette Kinaszczuk, Pollution
Control Manager, Capital Project Planning, Impact Fees, and Program
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Management Division)
C. Recommendation to accept staff’s report on sound transmission and
considerations regarding the regulation of sound transmission for new
attached single-family dwellings (townhouses). (James French, Deputy
Department Head, GMD)
D. This item to be heard at 10:45 a.m. Recommendation to review contract
deliverables and program outcomes associated with the Collier County
Accelerator program and provide direction to staff on the future of the
program. (Sean Callahan, Executive Director, Corporate Business
Operations)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
1) This item was continued from the March 26, 2019 BCC meeting
and further continued from the April 9, 2019 BCC meeting.
Recommendation that the Community Redevelopment Agency Board
(CRAB) adopt a Resolution recommending to the Board of County
Commissioners approval of an amendment to the Collier County
Community Redevelopment Area Plan. (This item is a companion to
Item #9A)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Proposed Future Workshop Schedule
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
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be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to award an Agreement for Request for
Qualification (RFQ) No. 18-7482, “Real Estate Appraisal and
Consulting Services,” to the following eight (8) firms; Wilcox
Appraisal Services Inc., Carroll & Carroll Appraisers & Consultants
LLC., Maxwell, Hendry & Simmons LLC., RKL Appraisal and
Consulting PLC., MPJ Real Estate Services Inc., Anderson & Carr
Inc., R&W Enterprises Inc., and Real Estate Analysts LLC.
2) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $34,040 which was posted as a
guaranty for Excavation Permit Number PL20160001004 for work
associated with Inspira at Lely Resort.
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Landings at Bear’s Paw
Lot 10 Replat, Application Number PL20180001488.
4) Recommendation to approve final acceptance of the potable water
facilities for Germain Honda, PL20180000456, 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
$17,001.73 to the Project Engineer or the Developer’s designated
agent.
5) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
StoneCreek Plat Two Phases 2 and 3, PL20170003174 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.
6) Recommendation to approve final acceptance and unconditional
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conveyance of the potable water utility facilities for Group President
Electronics USA, PL20170000545 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 $4,920 to the
Project Engineer or the Developer’s designated agent.
7) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of TwinEagles Phase Two B,
Application Number AR-9287, and authorize the release of the
maintenance security.
8) Recommendation to approve and authorize the Chairman to sign a
Collier County Landscape Maintenance Agreement (“Agreement”)
between Collier County and Mattamy Tampa/Sarasota, LLC, for
landscape and irrigation improvements within the Bayshore Drive and
Pine Street Public Rights-of-Way.
9) Recommendation to authorize a budget amendment of $60,000 to
move funds in Stormwater Capital Fund 325 from Project Number
60139 to Project Number 33606, Cocohatchee and Palm River
Dredging.
10) Recommendation to approve and authorize the Chairman to execute
Amendment No. 3 to Contract No. 18-7245 with Taylor Engineering,
Inc., to include additional tasks for the Collier County Comprehensive
Watershed Improvement Plan.
11) Recommendation to release a Planned Unit Development (PUD)
Commitment for an emergency accessway within the Green Heron
PUD.
12) This item was continued from the April 9, 2019 BCC meeting.
Recommendation to approve the release of a code enforcement lien
with a value of $394,130.86 for payment of $2,080.86 in the code
enforcement actions entitled Board of County Commissioners v.
Edelmiro and Bernadita Robles, Code Enforcement Board Case No.
CESD20100009519 relating to property located at 4015 16TH Ave
SE, Collier County, Florida.
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13) This item was continued from the April 9, 2019 BCC meeting.
Recommendation to approve the release of two (2) code enforcement
liens with a value of $338,616.50 for payment of $3,000 in the code
enforcement actions entitled Board of County Commissioners v.
Richard L. Gossard, Jr and Evonne M. Estep, Code Enforcement
Special Magistrate Case No. CEPM2014024204 and Case No.
CEAU20160016271 relating to property located at 5310 Sholtz St,
Collier County, Florida.
14) Recommendation to approve an agreement with CenturyLink for the
relocation of the Everglades Switching Device located within the
project limits of Project No. 60145 “Design Build Golden Gate
Boulevard 4-Lane, from west of 20th Street East to east of Everglades
Boulevard, including drainage to the Faka Union Canal” in the
amount of $239,430.38 (Project No. 60145).
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to execute an Agreement and authorize a budget
amendment in an amount not to exceed $12,000 to provide the Golden
Gate Estates Area Civic Association, Inc. funding from the GAC Land
Trust for the purchase of two signs to welcome residents and visitors
to Golden Gate Estates.
2) Recommendation to approve a budget amendment in the amount of
$120,000 to reallocate Public Utilities Department wastewater project
funds to execute priority projects.
3) Recommendation to award an Agreement for Invitation to Bid No. 19-
7516, “Overhead Doors and Gates,” to Atlas Door & Gate, Inc., for
county-wide overhead door and gate preventative maintenance and
repair services.
4) Recommendation to award an Agreement for Request for Proposal
No. 18-7467, “Low Voltage and Security Access Infrastructure,” to
Juice Technologies, Inc d/b/a Plug Smart for County-wide low voltage
and security access services.
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5) Recommendation to approve Amendment No. 2 to the Florida
Department of Environmental Protection (FDEP) Contract No.
GC919, to authorize FDEP to reimburse the County for expenditures
related to required training to appropriately administer the inspection
and compliance of the Contract.
6) Recommendation to approve a Certification of Financial
Responsibility, as required by the Florida Department of
Environmental Protection, for the renewal of an operating permit for
the deep injection well system at the North County Regional Water
Treatment Plant.
7) Recommendation to approve an Amendment with South Florida
Water Management District to continue leasing office space for
Tourism and Economic Development on Horseshoe Drive North.
8) Recommendation to support the sale of County-owned Lot 16, Block
20, of Lely Golf Estates, St. Andrews East to the Lely Golf Estates
Home Owners Association (HOA) at a price at or near market value,
but not less than $67,500.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to adopt by Resolution, the State Housing Initiatives
Partnership (SHIP) Program Local Housing Assistance Plan for Fiscal
Years 2019-2020, 2020-2021, and 2021-2022, sign associated
certifications, reaffirm the Interlocal Agreement with the City of
Naples and authorize submission to the Florida Housing Finance
Corporation.
2) Recommendation to approve one (1) satisfaction of mortgage for the
State Housing Initiatives Partnership Loan Program in the amount of
$2,500.
3) Recommendation to approve a Resolution authorizing the expenditure
of County funds associated with the Safe and Healthy Children's
Coalition Duck Race Fundraiser and Water Safety Festival sponsored
by the Safe and Healthy Children's Coalition, a part of the non-profit
NCH Foundation, to include cost for County lifeguards to staff the
event and authorizing the waiver of the entrance fee to Sun-N-Fun
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Lagoon to all participants of the Great Duck Race of Naples and
Water Safety Festival Community for three (3) consecutive years and
to make a finding that this expenditure substantially serves a public
purpose.
4) Recommendation to accept and execute a Library Services and
Technology Act Grant in the amount of $2,875.12 and authorize the
necessary Budget Amendment.
5) Recommendation to approve the submittal of a revised 2018 Federal
Transit Administration (FTA) Section 5324 Emergency Relief Grant
application in the amount of $196,978 to repair damages to Collier
Area Transit (CAT) vehicles and facilities as a result of Hurricane
Irma, approve the acceptance of the award through the Transit Award
Management System (TrAMS), and authorize the necessary Budget
Amendment.
6) Recommendation to approve the Authorizing Resolution and to
provide approval for the submittal of the FY19-20 Shirley Conroy
Rural Capital Equipment Support Grant in the amount of $79,118 to
the Florida Commission for Transportation Disadvantaged for the
procurement of one (1) Ford Cutaway Transit Vehicle.
7) Recommendation to approve and authorize the Chairman to sign the
Second Amendment to the Criminal Justice, Mental Health and
Substance Abuse Reinvestment Grant Agreement between Collier
County and the Department of Children and Families and the
corresponding Subrecipient Agreements between Collier County and
David Lawrence Mental Health Center, Inc., Collier County Sheriff’s
Office and NAMI Collier County.
8) Recommendation to award three (3) Agreements for Request for
Proposal (RFP) #18-7383, “Museum Exhibit Design, Fabrication and
Installation,” to Exhibit Concepts, Inc., Explus, Inc., and Riggs Ward,
LLC.
9) Recommendation to approve and authorize the Chairman to sign the
Cost Share Agreement with the Pelican Isle Yacht Club, Inc., to
complete a maintenance dredge of the shared canal immediately west
of Cocohatchee Park not to exceed $45,000.
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10) Recommendation to authorize a Budget Amendment recognizing
Local Housing Trust Fund revenue of $142,052.48 received as a result
of the sale of County-owned surplus land.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve one reclassification to the 2019 Fiscal
Year Pay & Classification Plan made from January 1, 2019 through
March 31, 2019.
2) Recommendation to approve a Memorandum of Understanding
(MOU) between the Collier County Board of County Commissioners,
through the Emergency Management Division, and Florida
Southwestern State College for facility use during times of local
emergency or disaster.
3) Recommendation to authorize expenditures in excess of $50,000 but
not to exceed $100,000 per fiscal year, to REV RTC, Inc. d/b/a Hall-
Mark RTC, as a sole source vendor for fleet parts, repairs and
services.
4) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement.
5) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve and authorize the Chairman to execute
the Sponsorship Agreement in the annual amount of $440,035
between Collier County and MSNC, LLC dba Football University for
the 2019 and 2020 Football University National Championships and
make a finding that the sponsorship expenditures promote tourism.
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
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to the Fiscal Year 2018-19 Adopted Budget.
3) Recommendation to award Invitation to Bid (ITB) No. 19-7533 for
Purchase and Delivery of Pine Straw Mulch, to SiteOne Landscape
Supply and authorize staff to issue standard County Purchase Orders
to acquire the mulch.
4) Recommendation to adopt a resolution approving the proposed Project
Peak as a qualified applicant to Florida's Qualified Target Industry
(QTI) Tax Refund program, providing up to $80,000 of local financial
support for an expansion of the corporate headquarters and medical
device manufacturing project which will create 80 new jobs in Collier
County, Florida.
G. AIRPORT AUTHORITY
1) Recommendation to approve and authorize the Chairman to sign the
attached Collier County Airport Authority Standard Form Lease
Agreement with Career Aviation Flight Training & Aircraft Rental,
Holding, LLC for office and counter space at the Marco Island
Executive Airport
2) Recommendation that the Board, acting as the Collier County Airport
Authority, approve the attached Change Order #2 to the Hangar
Repair Contract with Alen Construction Group, Inc., to extend the
schedule provided in Agreement No. 18-7332 by twenty-five days.
3) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of Contract No. G1643
with the Florida Department of Transportation for construction of the
Aircraft Apron and associated Airfield Safety Improvements at the
Marco Island Executive Airport.
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating May 10, 2019 as Preschool Provider
Appreciation Day in Collier County. This proclamation will be mailed
to the Early Learning Coalition of Southwest Florida.
I. MISCELLANEOUS CORRESPONDENCE
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J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between March 28, 2019 and April 10, 2019 pursuant to
Florida Statute 136.06.
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of April 17,
2019.
3) Miscellaneous Correspondence
K. COUNTY ATTORNEY
1) Recommendation to appoint a member to the Collier County Citizen
Corps.
2) Recommendation to appoint a member to Conservation Collier Land
Acquisition Advisory Committee.
3) Recommendation to approve the settlement in the lawsuit styled Garry
Severe and Falloune Joseph v. Collier County (Case No. 18-CA-
1080), now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, for the sum of $20,000, and
authorize the Chair to execute the Memorandum of Mediated
Settlement.
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
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participants must be sworn in.
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A. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2018-19 Adopted Budget.
18. ADJOURN
Inquiries concerning changes to the Board’s Agenda should be made to the County
Manager’s Office at 252-8383.
April 23, 2019
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MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN McDANIEL: Good morning, everyone.
We're going to move through our processes here this morning,
and we're going to do our typical prayer and pledge, but once
everybody finds a seat and relaxes for a second, I'm going to call for
a moment of silence.
One of our colleagues passed this morning, Larry Kiker, a Lee
County Commissioner. He passed away this morning, and I'd like
to -- Larry was a fine man and a wonderful public servant, and I'd
like to call for a brief moment of silence and a prayer for his family,
if we could.
COMMISSIONER FIALA: Yes, please.
CHAIRMAN McDANIEL: If you would, please. Thank you.
(Moment of silence.)
COMMISSIONER FIALA: Mr. Chairman, could we also
include Murdo Smith. Murdo was with the county for, what, 30
years?
MR. OCHS: Thirty-five.
COMMISSIONER FIALA: And we just lost him last week, and
truly a fine gentleman and really involved in our parks and the
children in our community. So just a special note to pay some tribute
to Murdo Smith. Thank you.
CHAIRMAN McDANIEL: Thank you.
Okay. With that, we'll go to our invocation, and Reverend Craig
Goodrich of the First Presbyterian Church.
Item #1A
INVOCATION GIVEN BY CRAIG GOODRICH OF THE FIRST
PRESBYTERIAN CHURCH
April 23, 2019
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REVEREND GOODRICH: Let us pray. Oh, God, for another
day and the gift of it, we give you thanks. For life and health and
breath, we give you thanks. We know how precarious this life is.
For the beauty of this day and the wonder of this world, we give
you thanks. We thank you for the opportunities and challenges of
this day, for a fresh beginning, for simple things like Sunshine and
friendship and good coffee.
We thank you for our country, state, and county, and we thank
you that you made us not a self-sufficient people but people who
need each other, and so we form community and government. We
thank you this day for our county commissioners and all who serve
this county, and we ask that for all who participate today from
proclamations to presentations to speaking to decisions, give to all a
spirit of insight, wisdom, courage, ability to see one another's points
of view, determination to act for the good of all. Bring to this
meeting today openness and trust, compassion, clarity, collaboration,
integrity, justice, and joy; that at the end of this day, everyone would
know that all will be well, and good work has been done. Amen.
CHAIRMAN McDANIEL: Thank you, sir.
Commissioner Solis, would you lead us this morning.
COMMISSIONER SOLIS: I would.
(The Pledge of Allegiance was recited in unison.)
MR. OCHS: Good morning, Commissioners.
CHAIRMAN McDANIEL: Good morning, sir.
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
April 23, 2019
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W/CHANGES (COMMISSIONER SOLIS ABSTAINED FROM
VOTING ON ITEM #16A10)
MR. OCHS: Mr. Chairman, these are the proposed agenda
changes for the Board of County Commissioners meeting of
April 23rd, 2019.
The first proposed change is to add Item 4D to your
proclamations. This is a proclamation declaring May 2nd as National
Day of Prayer, and this was added at Commissioner McDaniel's
request.
The next proposed change is to move Item 16J3 to become
Item 16I1 on your constitutional officer consent agenda. That was
just misplaced on the agenda, and those are your routine
miscellaneous correspondence.
And we have three time-certain items on today's agenda. The
first is Item 11A to be heard at 10 a.m. having to do with the 47-acre
county-owned lot referred to as the Randall Curve parcel.
At 10:45 a.m. you're scheduled to hear Item 11D. That's a
discussion of the contract deliverables and future direction of your
county business accelerator program.
And, finally, no sooner than 1 p.m. you're scheduled to hear
Item 10A, which is a reconsideration vote regarding the Board's
previous action on short-term rentals.
Those are all the changes that I have this morning, sir.
COMMISSIONER SAUNDERS: Mr. Chairman, could I ask
just a procedural question. On the issue dealing with the short-term
rentals, my understanding is -- and Mr. Klatzkow, correct me if I'm
wrong, this really is a procedural issue. It's a question of whether or
not we're going to vote a simple majority vote to reconsider that
action that was taken several weeks ago, and if we vote to do that, we
don't take testimony. We don't have a hearing today. We put that on
April 23, 2019
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our next scheduled agenda; is that our procedure?
MR. KLATZKOW: That's absolutely correct.
COMMISSIONER SAUNDERS: So we can do this at
1 o'clock, but --
MR. KLATZKOW: Do it now if you want to.
COMMISSIONER TAYLOR: We could do it now.
COMMISSIONER SAUNDERS: Well, that -- I would turn to
the Chairman on that. I think we have three votes to reconsider. And
so if we set this for 1 o'clock, we may have a roomful of people that
come here with the understanding that they're going to be speaking
on this, and it's really not an opportunity for that.
So maybe the best approach would be let's see if there's a
majority to reconsider, and if there is, just do that and move on. So
it's Mr. Solis' item, but I just thought I would bring that out.
COMMISSIONER SOLIS: I'd be in favor if that. I think we
already have folks here that we could save them half a day.
CHAIRMAN McDANIEL: Right. And with that thought
process, I just would like to say today's consideration is just for the
reconsideration. We will set it at a time-certain. I would like that
time-certain to be on our second meeting in May and at a time-certain
to be announced once we see what that actual schedule is like where
we will actually have a hearing and invite the public to come and
speak on that issue. So today is just a vote to reconsider the item.
COMMISSIONER FIALA: But no mention to the audience as
far as -- or from the audience or anything, we have no comments, so
that everybody can understand or pass it on to their colleagues --
CHAIRMAN McDANIEL: That's correct.
COMMISSIONER FIALA: -- they're not going to be heard
today.
CHAIRMAN McDANIEL: Jeffrey has a lot of emails to send
out as soon as we vote.
April 23, 2019
Page 6
So if you -- it would be -- do we want to wait until the agenda is
set and then go into that, or do you want to just go ahead and do it
now? I'd take the motion now if you want to.
COMMISSIONER SOLIS: I think that would be the best thing
just for everyone that's going to wait around for four hours, yeah.
CHAIRMAN McDANIEL: So -- and you're -- I don't want to.
COMMISSIONER SOLIS: I'm sorry?
MR. OCHS: So you're moving Item 10A to discussion right
now?
CHAIRMAN McDANIEL: Correct.
MR. OCHS: May I read that --
CHAIRMAN McDANIEL: Am I allowed to do that?
MR. OCHS: -- just for the benefit of the audience?
Sure.
Item #10A
REQUEST BY COMMISSIONER SOLIS TO RECONSIDER ITEM
NUMBER #11B FROM THE MARCH 26, 2019 BCC MEETING
WHICH READS, TO ACCEPT THE REPORT AND
SUGGESTIONS FROM THE TOURIST DEVELOPMENT
COUNCIL FOR NEXT STEPS IN REGULATING SHORT TERM
VACATION RENTALS IN THE UNINCORPORATED AREA OF
COLLIER COUNTY - MOTION TO RECONSIDER THIS ITEM
AT A TIME CERTAIN AT THE SECOND BOARD MEETING IN
MAY – APPROVED
MR. OCHS: This is a request by Commissioner Solis to
reconsider Item No. 11B from the March 26th, 2019, BCC meeting
which reads: A recommendation to accept the report and suggestions
from the Tourist Development Council for next steps in regulating
April 23, 2019
Page 7
short-term vacation rentals in the unincorporated area of Collier
County. That appears as Item 10A on today's agenda, Mr. Chairman.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SOLIS: I make a motion to reconsider. I
did that last time, and that's here for a vote today.
COMMISSIONER SAUNDERS: And I'll second that motion.
CHAIRMAN McDANIEL: Would the motion maker specify
the reconsideration will be on our second meeting in May at a
time-certain to be determined?
COMMISSIONER SOLIS: Yes, the second meeting in May at
a time-certain.
CHAIRMAN McDANIEL: And the second okay with that?
COMMISSIONER SAUNDERS: Certainly.
CHAIRMAN McDANIEL: Is there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same --
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN McDANIEL: Motion carries 4-1.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I
appreciate the consideration there.
MR. OCHS: Mr. Chairman, we move to Item 2A, approval of
today's regular, consent, and summary agenda, including ex parte
disclosure on the consent and summary agenda.
Item #2D - Added
April 23, 2019
Page 8
ARTIST OF THE MONTH IS HILDA CHAMPION –
ANNOUNCED
CHAIRMAN McDANIEL: And before we go there and before
everybody leaves the room, if you would hold for me one second. I
was remiss in my first meeting of the month to announce the artist,
Hilda Champion. Hilda was born and raised in Europe but spent
much of her adult life traveling around the globe. Those travels
provided her with opportunities to experience and appreciate the arts
found in many difficult cultures -- different cultures.
Hilda discovered photography late in her life and is primarily
self-taught. Her aspiration in photography is less about showing the
world as it is but rather to help people see the unseen. She describes
her images as based on true fantasy. Hilda works -- Hilda's works
have been shown in national and international exhibitions, and her
images have won numerous awards and accolades.
If you would, please, take a moment as we come and go today
on a break just to view her artwork. I was remiss in our first meeting
in announcing that till late in the day, and everybody had gone. So
we're giving her due consideration.
And with that, thank you.
Okay. Now we'll go to adjustments in the agenda and ex parte.
Commissioner Solis.
COMMISSIONER SOLIS: On the consent agenda, I have no
disclosures, although I do believe I have a conflict with 16A10, so I
won't vote on that. I'll abstain from 16A10. No other changes other
than the one that we just took care of, 10A.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Thank you. No changes, no
recommendations, no ex parte on the consent or the summary
judgment, and that's all I have to declare.
April 23, 2019
Page 9
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: No ex parte and no changes.
CHAIRMAN McDANIEL: And, Commissioner Taylor.
COMMISSIONER TAYLOR: Ditto.
CHAIRMAN McDANIEL: Ditto. And I --
COMMISSIONER TAYLOR: No ex parte, no changes to the
agenda.
CHAIRMAN McDANIEL: Nor do I. So with that, we're ready
to go.
COMMISSIONER SOLIS: Move to approve.
CHAIRMAN McDANIEL: Then we'll --
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: It's been moved and approved (sic)
that we accept today's agenda as amended. 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.
Proposed Agenda Changes
Board of County Commissioners Meeting
April 23, 2019
Add-On Item 4D: Proclamation declaring May 2, 2019 as the National Day of Prayer in Collier
County. (Commissioner McDaniel’s request)
Move Item 16J3 to Item 16I1: Miscellaneous Correspondence. (Staff’s request)
Time Certain Items:
Item 11A to be heard at 10:00 a.m.
Item 11D to be heard at 10:45 a.m.
Item 10A to be heard no sooner than 1:00 p.m.
5/7/2019 2:55 PM
April 23, 2019
Page 10
Item #2B and #2C
MARCH 26, 2019 REGULAR MEETING MINUTES AND THE
APRIL 2, 2019 BCC/CRA WORKSHOP MINUTES – APPROVED
AS PRESENTED
MR. OCHS: Item 2B is approval of the Board of County
Commissioner meeting minutes from the March 26th, 2019, board
meeting.
COMMISSIONER FIALA: Motion to approve the minutes
from the March 22nd meeting as well as the April 2nd meeting for
the workshop.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded we
accept both the minutes from -- the minutes from both of those
meetings. 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.
MR. OCHS: Thank you, Mr. Chairman.
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
April 23, 2019
Page 11
PROCLAMATIONS
Item #4A
PROCLAMATION RECOGNIZING LEGAL AID SERVICE OF
COLLIER COUNTY FOR ITS DEDICATION TO SERVING THE
MOST VULNERABLE AND ECONOMICALLY NEEDY
MEMBERS OF OUR COMMUNITY. ACCEPTED BY
REPRESENTATIVES OF LEGAL AID SERVICE OF COLLIER
COUNTY, CAROL O'CALLAGHAN AND JEFF AHREN -
ADOPTED
MR. OCHS: That moves us to Item 4. Those are
proclamations. Item 4A is a proclamation recognizing Legal Aid
Service of Collier County for its dedication to serving the most
vulnerable and economically needy members of our community.
To be accepted by representatives of Legal Aid Service of
Collier County, Carol O'Callahan and Jeff Ahren.
(Applause.)
CHAIRMAN McDANIEL: She does that all the time. She
ostracizes you.
COMMISSIONER SOLIS: Yeah. I get left out all the time.
The story of my life.
MS. O'CALLAHAN: Hello. I'm Carol O'Callahan. I'm the
managing attorney at Legal Aid Service of Collier County, and I want
to thank Commissioner Solis, Fiala, McDaniel, Taylor, and Saunders
for your -- for this proclamation.
Every year at Legal Aid we are able to assist roughly around
3,000 Collier County residents with matters of critical, legal, civil
assistance. We assist -- we prioritize the safety, health, and security,
April 23, 2019
Page 12
economic security of the residents of Collier County, assisting
victims of domestic violence, child abuse, human trafficking, seniors,
veterans, those at risk facing homelessness either through eviction or
foreclosure.
And we are very grateful for your support in this mission. This
year, additionally, we also held a Vita (phone tic) clinic which just
concluded, a free income tax preparation where we brought in almost
$300,000 of refunds for community residents all completely free.
We'd like to thank the NCEF, Naples Children and Education
Foundation, which funds our children's program. They're the
founders of the Winter Wine Festival; also the county who facilitate
the CDBG grant which funds our domestic violence program;
Southwest Florida Community Foundation; the Community
Foundation of Collier County; the Collier County Women's
Foundation; and the United Way who help support all of what we do.
In addition to the 30 -- roughly 30 staff members we have that
help those 3,000, we also have about 200 local pro bono attorneys
who help us when we cannot assist in-house, and we are very grateful
to all those and to the Collier County Bar Association. So thank you,
Commissioners. Thank you, Commissioner Solis.
COMMISSIONER SOLIS: Do you have an event coming up?
MS. O'CALLAHAN: We do have an event coming up. Thank
you for the reminder. Our annual fund raiser is the 25th, which is this
Thursday, and it is our Barrister's Bash where we also recognize all
of those who have given to our community. So our attorney of the
year, law firm of the year, volunteer of the year, and a number of
other awards. So if anybody's interested, it's on our website, and we
would welcome anybody to attend. So thank you very much.
CHAIRMAN McDANIEL: Absolutely, thank you.
MS. O'CALLAHAN: Thank you.
(Applause.)
April 23, 2019
Page 13
Item #4B
PROCLAMATION DESIGNATING APRIL 27 - MAY 4, 2019 AS
PICKLEBALL WEEK IN COLLIER COUNTY, IN
RECOGNITION OF THE MINTO US OPEN PICKLEBALL
CHAMPIONSHIPS’ RETURN TO EAST NAPLES COMMUNITY
PARK, ATTRACTING MORE THAN 2,000 PLAYERS AND
MORE THAN 10,000 SPECTATORS FROM AROUND THE
WORLD, MAKING COLLIER COUNTY THE PICKLEBALL
CAPITAL OF THE WORLD. ACCEPTED BY TERRI GRAHAM,
CHRIS EVON, AND CAROL CAEFER – ADOPTED
MR. OCHS: Item 4B is a proclamation designating April 27th
through May 4th, 2019, as Pickleball Week in Collier County in
recognition of the Minto US Open Pickleball Championship's return
to East Naples Community Park attracting more than 2,000 players
and more than 10,000 spectators around the world making Collier
County the Pickleball Capital Of the World.
To be accepted this morning by Terri Graham, Chris Evon, and
Carol Caefer. If you'd please step forward and receive your
proclamation.
COMMISSIONER FIALA: I have it on backwards, but that
way you can see what it says. You will be telling us about how many
people are coming into town and all of that good stuff now?
MS. GRAHAM: Right now or later.
COMMISSIONER FIALA: Good. Thanks, Bill.
MS. GRAHAM: Good morning. Thank you very much. My
name's Terri Graham. I'm the cofounder of the Minto US Pickleball
Championships. And we have a very, very exciting event planned
next week. We have over 2,000 people coming in, just players. I
April 23, 2019
Page 14
don't know what we're thinking, but we're going to hopefully show
them a good time.
We have 8- to 10,000 spectators. We're sold out Friday and
Saturday evening.
The park looks outstanding; a big shout out to Barry Williams
and his team for Parks and Rec. The park looks better than it's
looked for the four years we've been here.
We have Spirit Promotions put up a scoreboard this year. It's 10
by 6, I believe; monster scoreboard in Championship Court, and
patriotic. The Championship Court we put up three jumbo U.S. flags
this year. You walk in there, it's breathtaking.
Rotary Club has put -- because of your comment, Commissioner
Taylor, last year saying what happened to the flags, well, Rotary Club
came, and they've put flags down Thomasson all the way to
Bayshore, and they've got more to put up. So it's not done yet.
Commissioner Fiala, if you swing by, it's not done yet. They've done
a great job with us. Kiwanis will be parking cars raising money for
Christmas in July for the kids' program serving East Naples.
It's going to be a heck of an event. Please, please come over.
We'd love to see you there.
COMMISSIONER TAYLOR: Let's talk about community
support. How many volunteers do you have?
MS. GRAHAM: We have close to 500, Chris.
MR. EVON: Over 500.
MS. GRAHAM: Five hundred volunteers. And those are local
people as well as people flying in just to volunteer for the event. This
event does not run without the support of the volunteers. They're the
first to get there in the morning, and they're the last to leave at night.
And they'll be walking around with neon green shirts all week. It's
got to be one of the largest volunteer pools of any event in this area,
for sure.
April 23, 2019
Page 15
COMMISSIONER TAYLOR: It is.
MS. GRAHAM: Yes, Commissioner Fiala.
COMMISSIONER FIALA: Yes. Could you tell me how many
countries people are coming from? I mean, you'd think it's US Open,
but they come from other countries. And how many states will be
represented there, too?
MS. GRAHAM: Well, I'll tell you we missed four states this
year, and we were so bummed when we go through -- when we went
through the list, only four states are not represented. And then people
would say, but I'm coming as a spectator. So as far as spectators, we
have every state represented.
We have about 16 countries, and that's kind of expanding every
year. It's really tough to figure out. We just sent a Facebook post
out. If you're born in a different country, coming from a different
country, let us know for our flag ceremony on Saturday night. So
we're thinking it's around 16.
This sport's just -- it's booming all over the country, and it's
booming all over the world. It's big down in, you know, Brazil and
Mexico, big in Canada, but it's also growing in Europe, and I would
have to say Europe's one of the fastest growing areas in the world of
pickleball right now.
COMMISSIONER TAYLOR: It's my understanding that the
new Arthrex corporate center, that he's building a lot of recreational
facilities, has a pickleball court.
MS. GRAHAM: Many of them. I think he built 12 up there,
and then he'll expand on it. But, you know, one of the things we talk
about to you all the time when we present is this isn't just a seven-day
event. This event affects Collier County 12 months out of the year.
And if you're on social media, it's nonstop people saying they're
either going to Naples to see where the US Open takes place or where
should I go? My family wants to go on a trip. I've got to have
April 23, 2019
Page 16
pickleball, and people will just start chiming in, go to Naples.
So this really isn't just this seven-day event. We preach it all the
time that you're getting tourism based off pickleball because of East
Naples Community Park.
COMMISSIONER TAYLOR: When do you start preparing for
this, you and Chris? When do you start preparing for this?
MS. GRAHAM: Well, we start -- for next year?
COMMISSIONER TAYLOR: Yeah.
MS. GRAHAM: We start May 5th, and so does Jim and Carol
as well. You know, we'll start May 5th for next year. You know,
people think this takes us a month to prepare. This really is a
12-month -- we may take a week off in June, but otherwise it's like a
12-month job. It's a job.
COMMISSIONER FIALA: And, you know, I was just on a
cruise, and people from all different countries were there, and they
were asking where we were from and so forth, and when I said
Naples, Florida, somebody with a heavy accent said, oh, that's where
the pickleball championships are.
MS. GRAHAM: I believe it.
COMMISSIONER FIALA: And I don't know that people
realize that it's -- this isn't just the only time pickleball is played.
They have tournaments. They have classes. They have academies all
year long. This brings in more and more and more people to that one
little tiny park, and it's fun.
CHAIRMAN McDANIEL: It's all of our parks. I mean, I
know -- I've had several meetings with Parks and Rec. For the Big
Corkscrew Regional Park, we actually adjusted a portion of that to
allow for pickleball courts to be constructed as we're going, so yay.
COMMISSIONER FIALA: Good.
MS. GRAHAM: Yeah, your community's created a monster
down here, and the people are just flocking to the area to play.
April 23, 2019
Page 17
So thank you very much for your support. Hope to see you out
there next week.
CHAIRMAN McDANIEL: Good luck.
MS. GRAHAM: Thank you.
(Applause.)
COMMISSIONER SOLIS: I'm still trying to figure out what
happened to the McDaniel-Solis pickleball challenge.
CHAIRMAN McDANIEL: And the only thing I have to say is I
thought you just got stared scared. That's all I'm saying.
COMMISSIONER FIALA: Now, everybody that's leaving, you
ought to just plan that so that we all know when the challenge is.
MS. GRAHAM: Winner take all.
COMMISSIONER TAYLOR: Winner take all.
CHAIRMAN McDANIEL: As you know, Commissioner Solis
was a professional tennis player.
COMMISSIONER TAYLOR: That doesn't help.
CHAIRMAN McDANIEL: Well, I would be up for that, if you
want to put it on next year's agenda. Want to?
MS. GRAHAM: Yep.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER FIALA: Squish it on this one.
MS. GRAHAM: We probably have time this year.
CHAIRMAN McDANIEL: Not this year. This year? I might
be busy.
Item #4C
PROCLAMATION DESIGNATING APRIL 2019 AS SEXUAL
ASSAULT AWARENESS MONTH IN COLLIER COUNTY.
ACCEPTED BY EILEEN WESLEY, PROJECT HELP; ANGELA
LARSON, COLLIER COUNTY SHERIFF'S OFFICE; AND BETTY
April 23, 2019
Page 18
ARDAYA MCGUIRE, OFFICE OF THE STATE ATTORNEY –
ADOPTED
MR. OCHS: Commissioners, that takes us to Item 4C. This is a
proclamation designating April 2019 as Sexual Assault Awareness
Month in Collier County. To be accepted by Eileen Wesley from
Project HELP; Angela Larson with your Collier County Sheriff's
Office; and Betty Ardaya McGuire from the Office of the State
Attorney. If you'd please step forward.
(Applause.)
MS. WESLEY: Well, good morning. My name is Eileen
Wesley. I work for Project HELP. We're the rape recovery and
victim service center for Collier County. We are honored that the
commissioners have helped recognize April as Sexual Assault
Awareness Month.
It's really important that everybody understand that every year
we have a new theme. This year's theme is "I ask," which means
consent is really, really important; and take that through all avenues
of life consent is important.
We have been serving victims of violent crime and sexual
assault since 1986, and last year alone we served over 3,000
first-time violent crime victims at our agency, and we answered over
1,200 help-line calls for people that are in crisis.
So I do right -- currently I have a staff of 10, and they're mighty
people. They're extremely mighty. They're sitting back here, and I
honor them every day. I work very closely with Angela Larson at the
Collier County Sheriff's Office, along with Jackie, and Betty at the
State Attorney's Office to help bring justice to people who have been
wronged.
And our job is to make sure without any prejudice, any
anything, we believe them from the moment we meet them through
April 23, 2019
Page 19
the end of their journey which is usually -- it could be a lifetime.
You know, we do have people that come to us for a very, very long
time because the pain of their trauma is just too much for them to
handle.
So for our community to understand that we're out there, we're
not at the beach eating bonbons, that we're out serving the people of
our community, and that we're available. All our services are free,
they're confidential, our help line is confidential, and we just wan t
everybody to know that we're here, and we will help whoever needs
to be helped.
And if you don't know where to go, our help line can help
anybody. They can find resources. They can be an ear to listen to
somebody. And our community, I just want to make sure that
everybody's aware that we're out here, and we're here to help, and we
can't thank you enough, County Commissioners, for recognizing us.
COMMISSIONER TAYLOR: What's your phone number?
MS. WESLEY: Oh. Our help-line number is 239-262-7227,
and they can direct you to the office number or any resource that you
need, and that is available 24 hours a day.
And we do have an event coming up in November; I remember
with Carol not remembering. We have a night at Monte Carlo.
Where it's going to be -- we're moving it uptown. We're going to the
Hilton, and we're going to have a night of gambling, food, drinks,
music, just a lot of fun, getting together to celebrate all the hard work
that the agency has done over all the years.
So I want to thank you very much for honoring us today.
(Applause.)
CHAIRMAN McDANIEL: Before you go; ma'am, before you
go away.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Just to show you how
April 23, 2019
Page 20
backward the State of Florida was in dealing with a sexual assault,
when I got elected to the Florida Legislature in 1994, the first bill that
I ran was a bill dealing with the evidence collection in rapes. And
back in those days if a woman was raped and wound up in the
hospital or went to the hospital at the direction of the She riff's
Department, they would do a test. They used what they called a rape
kit to collect evidence, and then they charged the woman $25 to
collect that evidence.
And so -- as a matter of fact, I've got a picture in my office of a
bill signing with then Governor Lawton Chiles, and that was the first
bill that I ran was to eliminate the charges to victims of sexual assault
that were imposed by the State of Florida.
Also, Project HELP was one of those things that I got involved
with very early on. I think I was on the County Commission at the
time, and I know that Project HELP has done a great job with dealing
with victims of sexual assault in providing the hot -line services.
So I just want to thank you and just let the public know just how
background Florida was and how much progress has been made.
MS. WESLEY: And that bill did a lot, because women and men
would not come up because they'd have to pay. A lot of people don't
have money. So when they were being charged for rape kits, you
know, they would know this going in, and they would say no. So we
would lose the justice for them. We would lose the healing process
for them.
So having no charge for a forensic exam is amazing. You know,
it's something we offer as well as our free services to the com munity.
So I thank you for that.
I really, truly do. That is a big step. And every year we try to
take -- sexual violence movement is baby steps. There's never any
big leap and bound, but there's been a large paradigm shift in the
movement as far as awareness and some of the prevention, and
April 23, 2019
Page 21
legislation and representatives are starting to listen to us.
You were progressive. You listened to us back in the '90s.
There's now people that listen to us today. So we're really trying hard
to get the rights of every sexual assault victim to be heard, and to be
put in the book. So I thank you.
COMMISSIONER SAUNDERS: Thank you for what you do.
CHAIRMAN McDANIEL: Absolutely. Thank you.
MS. WESLEY: Thank you very much.
(Applause.)
COMMISSIONER TAYLOR: And thank you, Senator
Saunders, for your courage to step out and demand justice.
COMMISSIONER SAUNDERS: It certainly -- I appreciate you
saying that. And the good news is the legislature, I think, approved
that bill unanimously, both House and the Senate, so that was perhaps
a start to bring some awareness to it.
Item #4D
PROCLAMATION DECLARING MAY 2, 2019 AS NATIONAL
DAY OF PRAYER IN COLLIER COUNTY - ADOPTED;
ACCEPTED BY JIM FLANAGAN
MR. OCHS: Next Item is an add-on item added by
Commissioner McDaniel. It's Item 4D, a proclamation declaring
May 2nd, 2019, as the National Day of Prayer in Collier County.
Commissioner, I don't know if you had someone designated to
accept or --
CHAIRMAN McDANIEL: Jim Flanagan doesn't know it yet,
but he's going to be the acceptor, unless there's somebody else here,
Jim. Is there? I don't believe so there is. Jim helped me orchestrate
this up. And I would like to say that May 2nd is a wonderful day.
April 23, 2019
Page 22
Pastor Grant from New Hope Church is primarily the leader of
our band over there. It's at the community center in Golden Gate. It's
pastors from all religious faiths from all communities are invited to
come for an evening of prayer, and it's an amazing, amazing,
powerful event. So if you -- I would invite everyone. Everyone is
welcome.
COMMISSIONER FIALA: What is the date?
CHAIRMAN McDANIEL: May 2nd.
(Applause.)
CHAIRMAN McDANIEL: If you would, please, Jim. Thank
you very much. I appreciate you helping me with that.
COMMISSIONER SAUNDERS: Thanks for the cookies as
well.
COMMISSIONER TAYLOR: Flantastic cookies.
CHAIRMAN McDANIEL: Nobody told me about cookies.
COMMISSIONER TAYLOR: Oh. It's his special brew.
There's only one Flantastic.
MR. OCHS: Mr. Chairman, that concludes today's
proclamations. If I could get a motion to approve.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: It's been moved and seconded we
accept 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.
April 23, 2019
Page 23
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR APRIL 2019 TO HUMANE SOCIETY
NAPLES. ACCEPTED BY SARAH BAECKLER DAVIS,
EXECUTIVE DIRECTOR AND JON FOERSTER, DIRECTOR OF
COMMUNITY AFFAIRS. ALSO PRESENT IS BETHANY
SAWYER REPRESENTING THE GREATER NAPLES
CHAMBER OF COMMERCE – PRESENTED
MR. OCHS: Move to Item 5A. This is a presentation of the
Collier County Business of the Month for April 2019 to the Humane
Society Naples. To be accepted by Sarah Baeckler Davis, executive
director; Jon Foerster, director of community affairs; also Bethany
Sawyer representing the Greater Naples Chamber of Commerce.
MS. DAVIS: Thank you so much. I'm Sarah Baeckler Davis. I
am director of Humane Society Naples.
We are incredibly thrilled to work with the Chamber and to be
honored by all of you. We have saved over 100,000 lives and finding
homes for animals over the past almost 60 years of our organization's
existence here in Collier County.
We employee about 65 people currently, and we have 10 or so
summer jobs opening up soon. So if anybody knows a young person
who needs a summer job, let us know. We're really happy to be able
to work in the community and keep animals in their homes when
possible, so we provide low-cost spay/neuter, we provide medical
care when people need it, and we provide lots of furry friends for all
of our human friends in the area.
April 23, 2019
Page 24
We're going to launch a new veterinary clinic that will be able to
go out into the community and provide more services in other places
sometime later this year. We also have a beautiful 12-acre campus
along the Oakes neighborhood, and we will be opening a new
adoption center in Green Tree, so we're building and growing very
quickly as well.
Any questions? Anyone need a dog? We have Loki here.
COMMISSIONER TAYLOR: You've got a truck Loki up and
show him (sic) off again.
MS. DAVIS: Loki is about eight years old. She's a Siberian
husky mix, and she's a sweetheart. She's been all over town. And
this is Jon, our director of community affairs.
Good girl, Loki.
Thank you very much.
(Applause.)
COMMISSIONER TAYLOR: I wonder if Sherry's watching.
MR. OCHS: Commissioners, we move to our public petitions
this morning.
Item #6A
PUBLIC PETITION REQUEST FROM MR. MICHAEL TIRPAK
REQUESTING THAT THE BOARD OF COUNTY
COMMISSIONERS CHANGE, WITH NO FEE, THE ZONING
FROM RESIDENTIAL TO COMMERCIAL ON LOT #11 OF HIS
PROPERTY LOCATED AT 3047 TERRACE AVENUE, NAPLES
FL 34104 - MOTION TO BRING BACK AS A REGULAR
AGENDA ITEM – APPROVED
MR. OCHS: Item 6A is a public petition request from
Mr. Michael Tirpak requesting that the Board change, with no fee,
April 23, 2019
Page 25
the zoning from residential to commercial on Lot No. 11 of his
property located at 3047 Terrace Avenue in Naples.
Mr. Tirpak, if you're present, sir, please step forward. And you
have up to 10 minutes to make your petition.
CHAIRMAN McDANIEL: There's a little bit -- Mr. Tirpak,
there's a clock right there on your left that, once you start, it will
show you how much time you have, sir.
MR. TIRPAK: All right. This is poking me in the face here.
Can you hear me, everybody?
CHAIRMAN McDANIEL: Yes.
MR. TIRPAK: Okay. Thank you for letting me talk about my
problem here.
I own a parcel of undeveloped quasi-commercial land that was
once 3023 Terrace Avenue, Lots 11 and 12 Rock Creek, which has
recently been incorporated into 3047 Terrace Avenue at the
suggestion of zoning.
I purchased it in February of 2006. The Collier County
Appraiser had it listed on their website as Use Code 10 vacant
commercial. I also own a developed piece next door at 3047 Terrace
Avenue, Lots 13 and 14 Rock Creek, which I purchased in 2000.
I first became aware of 3023 Terrace Avenue when I got a call
from James Morandi, a car dealer who had purchased it from Michael
Valentine in July of 2004. Jim asked me to fence it for him as, at the
time, I was in the fence business next door. I asked what he was
going to do with the property, and he said just store some overstock
car inventory on it.
I got a commercial, note "commercial" fence permit and fenced
the property. Jim removed a few trees and stored cars there off and
on for a period of time. It wasn't long, a year and a half or so, and
Morandi got into trouble with his business, and his property went
back to Valentine, as it was under a land contract.
April 23, 2019
Page 26
I was then approached by Valentine inquiring if I would be
interesting in buying it. I said, yes, as I had use for it myself as
storage for fence materials and some overflow taxicabs that one of
my tenants next door had during the summer slow sea son.
So I purchased the property in February of 2006, assuming it
was commercial, as was -- as it was shown on the appraiser's website.
Here is where I, in crystal-clear hindsight, wasn't as prudent as I
might have been. I assumed and believed a couple things: One was
that Jim Morandi was telling me the truth when he said that he got
permission and approvals to store cars on the site; two, I was led to
believe by the Collier County Appraiser's website that the land was
commercial, as it was listed that way on their website, and both
Morandi and Valentine told me that it was.
When I brought the appraiser's website descriptive listing up to
the zoning people on Horseshoe Drive, they actually said, "You
should have known that the zoning was not correct." How would I
know that? Why would I or any other person not assume that the
county was coordinated in their statistical information on their
websites?
Now, comes the scam. The original owner of 3023, Lots 11 and
12, was Duane Lyon (phonetic). He bought the property in the '50s
and owned it until 2002 when he sold it to Mr. Valentine. Note, of
course, that this includes 1973.
I also have documentation that a fellow named Vernon Dunklee
(phonetic) petitioned the county to change the zoning from residential
to commercial on Lots 12 through 20 and successfully got them
changed in January of '73. The thing is, Vernon Dunkle e never
owned Lot 12. Duane Lyon did. The brother of Duane, Dale, still
lives next door on Lots 9 and 10. He is 88 years old and has lived
there since 1947. He says that his brother had no idea that Dunklee
had changed the zoning on Lot 12, and no permission was ever given
April 23, 2019
Page 27
him to do so.
The two brothers surmise that Dunklee pulled the wool over the
county's eyes so he could build three buildings on a no-setback,
zero-lot-line basis on Lots 13 and 14, which he then owned and
which he built on in 1983.
I had a meeting with several of the county staff members with
my attorney about three months ago. They agreed that back in the
'60s or '70s the county should have changed the zoning to commercial
from Airport Road to Shadowlawn on the whole north side of Terrace
Avenue since the south side was all C5 up to Shadowlawn. They
suggested two -- that maybe I could get the remaining owners down
to Shadowlawn to the west to go in with me on a group zoning
change. There are nine property owners that would need to agree,
which of the first few I contacted had no interest whatsoever.
Another footnote here is that the address which is comprised of
two 40-foot lots is now split in half -- is now split in half by the
Bayshore Redevelopment Triangle, and one-half is in the Triangle;
the other half isn't.
So here is my quandary: I have looked into getting zoning
changed and complying with today's regulat ions. Keep in mind that
this is one-half of a parcel 40 feet wide. In a nutshell, it's going to
cost me upwards of $100,000 or more to change a 40-foot strip of
land from RFM6 to C5 and engineer it to store vehicles.
To me, this is out of the question and quite unfair as not only
was the county duped but so, too, was I when half the property was
rezoned without anyone even asking Mr. Dunklee if he owned all the
properties in question.
My hope is that since the original zoning changed to only
one-half the property and was ill-gotten under false pretenses without
permission of the owner, that you could help me get the other
changed to C5 retroactive to maybe 1973 without all of these
April 23, 2019
Page 28
atrocious fees, associated costs of engineering, consultants, studies,
walls, et cetera.
Why would the county, even back in 1973, let someone change
one-half of a small addressed residential parcel from residential to
commercial that, by the way, had an occupied house on it at the time
that was partially encroaching on Lot 12? It was just not right. An
injustice was done, and no one seems to want to rectify it at zoning
today.
Had Mr. Dunklee been turned down or got caught in his
trickery, I would not be in this situation. The property would still be
zoned residential and would have shown as such on the appraiser's
website, and I would have never purchased it.
The malfeasance on the county's part essentially makes my piece
of land utterly worthless. It can't be built on because of the dual
zoning and, as I have been told by three civil engineers, that getting
Lot 12 changed to C5 will most likely be impossible at this date
because of the high probability of objections from one or more
neighbors, even though it has been used that way for going on 14
years and has never had a complaint thus far.
The complaint that triggered the violation was that the new
Porsche dealer was parking in the right-of-way, and because of that,
it took on a life of its own. But to this day, Combs Oil at the corner
of Airport and Terrace uses the right-of-way on Terrace Avenue for
employee parking as they have for more than 40 years, and no one
makes them cease the practice, as they have made others on the street
do.
Will you please help me remedy this by changing Lot 11
retroactively or, at bare minimum, let me ingress and egress across
my 40-foot residential piece to get to the C5 piece as we have been
doing for 13 years without having to go through an act of God to do
so? It's not -- it's not like there is daily activity at the site. There are
April 23, 2019
Page 29
sometimes several days between anyone even opening a gate.
My question is: Will this board, as county leaders, have the
courage to help me by correcting this deception of both the county
and myself? Thank you.
CHAIRMAN McDANIEL: I'll let you go.
COMMISSIONER TAYLOR: We met several months ago.
MR. TIRPAK: Yes.
COMMISSIONER TAYLOR: I'm delighted to see you here.
MR. TIRPAK: Yes.
COMMISSIONER TAYLOR: Can you be very -- let's just talk
about -- you don't have any visuals, do you? Because I think if --
MR. TIRPAK: I have a survey.
CHAIRMAN McDANIEL: Can I ask a question?
MR. TIRPAK: I have a survey.
CHAIRMAN McDANIEL: And I'm going to, if I may.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: Today we're only going to give
direction to our staff to assist or not assist as, in fact, can be. We're
not going to hear this and have a long discussion.
COMMISSIONER TAYLOR: No. I wanted to make sure that
everybody understood --
CHAIRMAN McDANIEL: We all do. Well, I certainly do. I
read the backup information and the plethora of --
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: -- I don't want to call them
improprieties, and I'm certain it wasn't done with malice, and I'm
certain it wasn't done -- it was an error at the end of the day.
So I would like to give -- if you would like to make a motion to
give staff direction to work with this gentleman, keep your costs as
low as is, in fact, possible. I can't say we're going to be able to do it
for free.
April 23, 2019
Page 30
MR. TIRPAK: Well, I really --
CHAIRMAN McDANIEL: And this isn't the discussion point
right now.
MR. TIRPAK: I understand.
CHAIRMAN McDANIEL: Right now -- I know what you're
asking for, but because of the circumstances that are prevalent here, I
would like to give direction to our staff to offer you as much
assistance as is possible with as much relief as is possible to get you
to where you need to be.
I'm concerned about the zoning processes to C5 if that's not an
equivalency, but we're going to hear all that when we actually have
the vote on changing your zoning.
COMMISSIONER TAYLOR: So you want to ask staff to --
CHAIRMAN McDANIEL: Help him.
COMMISSIONER SOLIS: I'm sorry. I mean, this is a public
petition, so I think we usually ask staff to put it on an agenda item
and come back.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SOLIS: Because I'd like to hear from staff
as to --
CHAIRMAN McDANIEL: Correct. That's exactly the premise
I would like that to occur.
MR. TIRPAK: I've had several meetings with staff, and --
CHAIRMAN McDANIEL: Well, now that we're suggesting
that they assist you, I think you're going to find a difference in how
things are going. So with that motion, Commissioner Solis, that we
set this as an agenda item and bring it back, will there be a second?
COMMISSIONER TAYLOR: Yes, I would like to have a full
hearing on this.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we have this as a future agenda item.
April 23, 2019
Page 31
MR. OCHS: Yes, sir. So my understanding is we won't do
anything until we bring the staff report back on the agenda --
CHAIRMAN McDANIEL: That's correct.
MR. OCHS: -- and provide some analysis and options for the
Board, and then you'll direct us accordingly.
CHAIRMAN McDANIEL: Absolutely, absolutely.
COMMISSIONER SOLIS: And I'll make that as the moti on.
CHAIRMAN McDANIEL: And that's a far better motion than
what I was making up as I was going, and it's been seconded. Any
other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. TIRPAK: Thank you very much.
CHAIRMAN McDANIEL: Thank you, sir.
MR. TIRPAK: Thank you.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, we move to Item 7, public
comments on general topics not on the current or future agenda.
April 23, 2019
Page 32
MR. MILLER: Mr. Chairman, I have one registered speaker:
David Hunt.
CHAIRMAN McDANIEL: Rae Ann? Rae Ann's not on the list
today.
MR. MILLER: On a different item, sir.
Are you David Hunt?
MS. BURTON: I have a definite issue.
MR. MILLER: Are you Mr. Hunt? Either podium. Go ahead.
CHAIRMAN McDANIEL: And how long does he have?
MR. MILLER: Three minutes.
CHAIRMAN McDANIEL: Three minutes, sir.
MR. HUNT: I'm here -- I'm surprised it's not on the agenda --
Golden Gate Golf Course closing. When is the sale? Is there a date
set on the sale yet? I'm going to ask questions, and then you give
me -- when is the sale closing? And if it closes, is the course going to
close that day?
CHAIRMAN McDANIEL: Can I interrupt you a second? This
agenda item is for items not on today's agenda or on fut ure agendas,
and this isn't -- it isn't advertised as a future agenda, but we are going
to hear this. We have had it in the past. And I can save a lot of time,
if you're interested in that. Send me or your commissioner an email
with these questions, and we'll answer them all. This item is going to
be heard in the near future. I've had meetings with staff with regard
to this.
MR. HUNT: I've just got to say one thing. There's an
application that should be made out for the intent to change golf
course to develop it. There is an application. It should be done prior
to.
CHAIRMAN McDANIEL: That's correct.
MR. HUNT: And it's supposed to notify landowners.
CHAIRMAN McDANIEL: Yes. And, sir, we're going to hear
April 23, 2019
Page 33
this item, so, technically -- I mean, technically, your portion of public
speaking shouldn't even have been -- shouldn't even have been
allowed. So this is an item that we are, in fact, going to hear. And
with your questions, send Commissioner Saunders an email -- well,
I'm volunteering him. Send him an email with regard to your
question about the contract, the term, the conditions, so on and so
forth, and then -- and we'll get your questions answered, and then
stay tuned, because I know that this agenda item is coming forward.
MR. HUNT: I hope they get answered, because I've talked to
Donna Fiala -- thank you, Donna.
COMMISSIONER FIALA: Thank you.
MR. HUNT: And talked to Burt Saunders, and I haven't been
able to get the answers.
COMMISSIONER FIALA: I don't know if we even heard what
his question was.
CHAIRMAN McDANIEL: Well -- and at this particular stage,
we're not -- we typically don't respond, but he actually shouldn't even
be speaking today with regard to this because this is an item that we
are going to hear in the future. And we may not even have answers
to your questions. If you're wanting to know when we're actually
going to close on a piece of property, we have to vote on the
purchase.
Commissioner Saunders?
COMMISSIONER SAUNDERS: Mr. Chairman, just for the
information for the Board -- because we did talk with staff, and staff
discussed the need to get an extension of time on the acquisition.
That extension of time was granted by the seller, and I believe
Mr. Casalanguida can kind of give us an update on the closing date,
but we're looking at, I believe, a June closing.
MR. OCHS: Commissioner, we're scheduled to bring this in
front of you on June 25th.
April 23, 2019
Page 34
COMMISSIONER SAUNDERS: And that will be the final
contract --
MR. OCHS: Purchase and sales agreement, yes, sir.
COMMISSIONER SAUNDERS: And we'll go forward with
the closing.
And so, you know, there's a lot of discussion about how the
property's going to be used, and I know The First Tee organization
has an interest in running a golf course there, and they've got an
interesting proposition that they've submitted to the county. And so
those issues are going to be debated and discussed.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SAUNDERS: And I will say, just for the
record, because I take some exception to the fact that this ge ntleman
stated that he's asked questions that haven't been answered. I answer
questions when I'm asked, so I just wanted that to be clear.
CHAIRMAN McDANIEL: Well, sometimes there aren't
answers. You know, his frustration may be -- I heard him say when
we're going to close and what the development orders were and so on
and so forth, and those are questions that can't be answered yet,
because we haven't actually voted on buying the property other than
we've given notice that we're interested. And, formal ly, those
physical answers may not be able to be answered. So thank you very
much, sir.
MR. HUNT: Fine.
MR. MILLER: That was your only speaker on public comment,
sir.
CHAIRMAN McDANIEL: Outstanding.
MR. OCHS: Mr. Chairman, you have five minutes before your
time-certain item. I wonder if we might take Item 11C. I think we
could probably get that in fairly quickly.
CHAIRMAN McDANIEL: Well, let's just see whether we can
April 23, 2019
Page 35
or not.
MR. OCHS: Will that work for you, sir?
CHAIRMAN McDANIEL: Sure.
Item #11C
ACCEPT STAFF’S REPORT ON SOUND TRANSMISSION AND
CONSIDERATIONS REGARDING THE REGULATION OF
SOUND TRANSMISSION FOR NEW ATTACHED SINGLE-
FAMILY DWELLINGS (TOWNHOUSES) - APPROVED –
(COMMISSIONER FIALA DID NOT VOTE)
MR. OCHS: All right. 11C. This is a recommendation to
accept staff's report on sound transmission and considerations
regarding the regulation of sound transmission for new attached
single-family dwellings and townhouses. Mr. James French --
CHAIRMAN McDANIEL: Do we have any public speakers,
Troy?
MR. MILLER: Not on this item, sir.
CHAIRMAN McDANIEL: Okay. I'll make a motion to
approve staff's report.
COMMISSIONER TAYLOR: Second.
COMMISSIONER SOLIS: I'll second.
CHAIRMAN McDANIEL: Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: (No response.)
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
April 23, 2019
Page 36
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
COMMISSIONER TAYLOR: Well researched.
COMMISSIONER FIALA: I didn't even vote on that --
CHAIRMAN McDANIEL: I'm sorry. I was just moving us
along.
COMMISSIONER FIALA: I know.
CHAIRMAN McDANIEL: Did you have comments on that
with regard to that?
COMMISSIONER FIALA: So does this mean now we're not
going to pay attention to this anymore, right? I just wanted to know.
We're going so fast, I'm trying to figure out what we're doing here.
Sorry about that.
CHAIRMAN McDANIEL: No, no, no. He jumped to an
agenda item because we have a time-certain at 10 for the 47 acres.
COMMISSIONER FIALA: I understand that.
CHAIRMAN McDANIEL: And I --
COMMISSIONER FIALA: So that means now we're not going
to consider this anymore; we're done with that, right?
CHAIRMAN McDANIEL: Correct. Well, we're accepting the
Florida Building Code as the standard to be set with regard to sound
dampening.
MR. OCHS: Sir, you have four minutes, and I don't have
anything left that's going to take less than four minutes, so you can
either push your -- you can move ahead or --
CHAIRMAN McDANIEL: Let's go ahead and start on that
time-certain at 10, and if anybody comes in that feels slighted, we'll
give them an extra four minutes.
MR. OCHS: Yes, sir.
April 23, 2019
Page 37
Item #11A
ACCEPT THE OFFER FROM METRO COMMERCIAL
DEVELOPMENT GROUP LLC IN THE AMOUNT OF $3,500,000
FOR THE COUNTY-OWNED PARCEL LOCATED BETWEEN
IMMOKALEE ROAD AND 4TH AVENUE NORTHEAST
(RANDALL CURVE PARCEL) AND AUTHORIZE THE
COUNTY MANAGER TO NEGOTIATE A DEVELOPER
CONTRIBUTION AGREEMENT WITH IMMOKALEE ROAD
RURAL VILLAGE FOR THE DEVELOPMENT OF A JOINT
COUNTY AND SCHOOL DISTRICT PROJECT - MOTION TO
CONTINUE UNTIL AFTER THE DISTRICT #5 TOWNHALL
MEETING AND BRING BACK AT THE MAY 28, 2019 BCC
MEETING – APPROVED
MR. OCHS: That moves us, then, to your time-certain hearing.
This is Item 11A on the Board's agenda. It's a recommendation to
accept the offer from Metro Commercial Development Group, LLC,
in the amount of $3,500,000 for the county-owned parcel located
between Immokalee Road and Fourth Avenue Northeast, commonly
referred to as the Randall Curve parcel, and authorize the County
Manager To negotiate a developer contribution agreement with
Immokalee Road Rural Village for a development of a joint county
and school district project.
Ms. Toni Mott, your Real Property Manager, will make the
presentation.
MS. MOTT: Good morning, Commissioners. For the record,
Toni Mott, Real Property Management.
The item before you is to accept the offer from Metro
Commercial Development Group, LLC, in the amount of 3.5 million
for the Randall Curve parcel and authorize the county Manager To
April 23, 2019
Page 38
negotiate a Developer Contribution Agreement with Immokalee Road
Rural Village for the development of a joint county and school
district project, as read by Leo.
At the December 11th, 2018, board meeting, Agenda Item 11A,
the Board directed staff to proceed to work with the school district for
a joint bus garage and road maintenance facility on the Randall Curve
property while simultaneously allowing interested buyers to submit
proposals to acquire the property.
At the February 12th, 2019, board meeting, Agenda Item 11B,
the property directed that the property be advertised. The property
was advertised for sale in the Naples Daily News on March 7th and
March 14th. A for-sale sign was placed on the property, and a press
release was issued.
The county has received four proposals for the property: Shy
Wolf Sanctuary in the amount of $1 million; Kreilich, Jensen, and
Philips, in the amount of 1,050,000; Metro Commercial in the
amount of $3.5 million; and Crown Management Services, LLC, to
swap 30 plus-or-minus acres located on the corner of First Street
Northwest and Golden Gate Boulevard plus $750,000.
Bear with me.
CHAIRMAN McDANIEL: Who's pushing the buttons?
MR. MILLER: Toni is.
CHAIRMAN McDANIEL: Toni? We have to get her some IT
help.
Toni's our real estate lady, not a computer operator.
MS. MOTT: Thank you. If I was six I could do this, but...
CHAIRMAN McDANIEL: You're doing fine. I'm just having
fun while you're hitting the wrong button.
MS. MOTT: The location map shows the relationship between
the Randall Curve parcel, the Crown Management parcels, and the
Immokalee Road Rural Village.
April 23, 2019
Page 39
On April 9th, Manager Ochs received an offer for a potential
partnership with the developer of the Immokalee Road Rural Village
to provide acreage for a Collier County district school bus barn and a
Collier County road maintenance facility. A copy of the proposal
was included in the agenda packet.
So this location map shows us the Immokalee Road Rural
Village, the Randall Curve, and the Crown parcels.
COMMISSIONER FIALA: Toni, could you pull the
microphone just a little closer.
MS. MOTT: I'm sorry. I'm usually not this quiet.
CHAIRMAN McDANIEL: Same goes for you.
MS. MOTT: There is our 47-acre Randall Curve parcel. This
next slide is a blowup of the Immokalee Road Rural Village parcel.
It's over 2,000 acres. And in the corner is the projected 30 acres for a
future joint facility.
This next slide shows the Crown parcels. The Crown Parcel 1 is
the 30-plus acres that is offered up for the swap, and the Crown
Parcel 2 is the parcel that is targeted for a grocery store.
And we come to recommendations: Declare the 47-plus-acre
parcel surplus; accept the offer from Metro Commercial
Development Group, LLC, in the amount of $3.5 million, and
dedicate those funds to the county's portion of a future road and
bridge facility; authorize the County Manager or his designee to
prepare a real estate sales agreement; and authorize the Chairman to
execute the agreement on behalf of the Board; authorize the
Chairman to execute the statutory deed once prepared and approved
by the County Attorney's Office; authorize the net proceeds received
from the sale be deposited into the appropriate account; authorize the
County Manager or his designee to follow appropriate closing
procedures, and to record the deed, once approved by the County
Attorney's Office, in the public records of Collier County; and direct
April 23, 2019
Page 40
the County Manager to work with the developer of the Immokalee
Road Rural Village to create a developer contribution agreement for a
potential partnership with the developer and work with the school
district to locate joint facilities at this site.
Questions?
CHAIRMAN McDANIEL: Commissioner Saunders?
COMMISSIONER SAUNDERS: Just a quick question about
our road and bridge operations. How do we handle those now, and
why do we need a new facility? I was just curious about the need for
that type of --
MR. OCHS: Commissioner, we have two maintenance
operation centers. One on Davis Boulevard. It was a former FDOT
site that we now lease from them. Then we have one in Immokalee.
The one on Davis is basically the central hub for the entire
rural -- excuse me -- urban area. We're trying now, with the growth
corridor and most of that new growth moving into that area that is in
proximity to the Randall Curve, to try to get some facilities there that
will serve that growing population, particularly during disaste rs.
COMMISSIONER SAUNDERS: And the Immokalee facility,
is that tapped out in terms of space or is there --
MR. CASALANGUIDA: It's essentially two barns, sir. I think
what we're struggling with is the travel time for the staff either --
from both facilities. I think we're losing about, on average, an hour a
day of production getting out to the typical areas we work because
from the Davis facility, the main staging area where we keep most of
our equipment, and the stockade facility is almost a substation, in
essence. It's just a couple buildings.
CHAIRMAN McDANIEL: Okay. I would like to hear public
speakers. How many do we have, Mr. Troy?
MR. MILLER: Mr. Chairman, we've 30 public speakers for this
item. Your first speaker is Beth Swiderski. She has been ceded
April 23, 2019
Page 41
additional time from Patricia Eckel. Can you raise your hand,
Patricia, if you're here.
(Raises hand.)
MR. MILLER: Oh, there she is back there. Thank you.
And Theresa Schultz.
(Raises hand.)
MR. MILLER: She'll have a total of nine minutes. She'll be
followed by Deanna Deppen.
MS. SWIDERSKI: Good morning, everyone.
CHAIRMAN McDANIEL: Good morning.
MS. SWIDERSKI: Can everybody hear me okay?
CHAIRMAN McDANIEL: Yes.
MS. SWIDERSKI: I hate -- I feel like I'm not talking to
everybody around here, but we'll focus this way.
CHAIRMAN McDANIEL: You're actually talking to us.
MS. SWIDERSKI: Thank you for your time and consideration
today. I am Beth Swiderski. I'm the president of Shy Wolf
Sanctuary Education and Experience Center.
I would like to introduce all our supporters and have them stand,
please, on who's here to represent Shy Wolf.
CHAIRMAN McDANIEL: Hey, how you doing?
MS. SWIDERSKI: Besides all these that are standing -- and
you may be seated. Thank you so much -- we have over 150 letters,
which I know you guys have been overindated (sic) with them, and
we also have over 60,000 hours of volunteers, hours that they do out
at the Sanctuary. So we are huge for the community in volunteer
hours. They might volunteer one day; they might volunteer a week.
We start off in 1993 with Nancy and Kent. They're trying to fill
a void of animals that are rescued in captivity, and they are exotic,
unreleasable wild animals not addressed by our domestic services
which we need, our zoos that we need, and our wildlife rehabilitation.
April 23, 2019
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In January of 2001 we became a non-profit organization. We
are educating people in addition to helping animals. We are county,
state, federally licensed, inspected by Collier County Domestic
Animal Services. We are also inspected by the Florida Fish and
Wildlife Conservation Commissioner, and we are also United States
Department of Agriculture. So, as you can see, we abide by the rules
with all this.
Our mission is reconnecting people and animals through our
education. With this, I have a new recommendation, and I would like
to go on record that we are making a different offer. We sharpened
our pencils. We've got all our money together. We've looked at all
our financials, and we want to offer 1.5 million for half the acreage.
We would like to take the other half and let it go back to the
community for a park and a green area.
With this, again, I think the Sanctuary, as you can see and as
you've known out there with all the publicity everything that's been
going on, we are a huge contribution and community to us here, and
you need to keep us here in Collier County.
With that, again, I want to go on record that we're
recommending 1.5 million for half the acreage and the other acreage
go to a community park and a green area that I know that our
community's been asking for.
Located here in Collier County, we've been a great asset. We
want to stay here. The Randall property would be huge to us. It's a
great accessibility, centrally located, and we offer tremendous
amount of residential for the surrounding area on all our volunteers
and everybody that comes here. We want to keep it wooded; we
want to keep it natural; we want to keep all the endangered species
that might even be out there. We don't know. Somebody said they
saw a bald eagle out there. We have fox squirrels, we have tortoises.
And with this, we would be a low impact to the community on all
April 23, 2019
Page 43
the -- rather than a shopping center to go in there or anything like that
on all the traffic coming in and out, shy Wolf Sanctuary would not
have all that.
With the statistics behind it, I'm sure everybody has heard all
about Yuki and the pictures that have been out there and the viral
that's all gone on with this. Yuki has been seen across the world wit h
this picture. We have added on 50,000 people to our Facebook. We
are so huge for the community in bringing more people here.
We've hired a public relations just to handle all the media and
the press, and our website keeps shutting down. We had to put more
website things behind it. So with that coming in, we also -- we're on
Inside Edition. How do you like that? Naples on Inside Edition. I
mean, come on, it's just great for us.
We are on two-and-a-half acres. We need the commissioners'
help. We need the community's help. You can see they're here to
support us. You can see all the letters. We want to stay here.
With this commitment, we think that we are a great resource and
a partner to the community. We have a planned facility. We have an
execution plan. And with that, I want to tell you how much more and
the value that we are to the community. I would like to introduce and
honored to introduce Deanna Dep (sic), who is our executive director.
MR. MILLER: Okay. Ms. Deppen is your next speaker. She
has been ceded time from 10 additional speakers.
MS. DEPPEN: I promise I won't take that much time.
MR. MILLER: Would you like me to read these 10 names or...
CHAIRMAN McDANIEL: Well, technically we should.
MR. MILLER: Yes. I need to read these names, I guess.
JoAnn Burns. Please raise your hand when I call your name.
Thank you.
(Raises hand.)
CHAIRMAN McDANIEL: Excuse me one second.
April 23, 2019
Page 44
Leo, we are going to give these people the due time that they
need? I know we want to go through this process, but I don't --
MR. OCHS: No, no, no. I just wanted him to make sure the 10
people that were ceding time are in the room, Commissioner.
CHAIRMAN McDANIEL: I just thought we were in a rush.
MR. OCHS: No, sir.
MR. MILLER: Peter Evest? I hope I'm saying that right;
Evets?
(Raises hand.)
MR. MILLER: Thank you.
Don Fischer?
(Raises hand.)
MR. MILLER: Thank you.
Nancy J. Smith?
(Raises hand.)
MR. MILLER: Thank you.
Caitie Greiser?
(Raises hand.)
MR. MILLER: Thank you. Wendy Jervis?
(Raises hand.)
MR. MILLER: Lorrie Vannie?
(Raises hand.)
MR. MILLER: And Steve Vannie?
(Raises hand.)
MR. MILLER: And Dennis Dowling?
(Raises hand.)
MR. MILLER: Ma'am, you'll have a total of 33 minutes if you
need them.
MS. DEPPEN: Thank you. I don't anticipate needing that much
time, but as you can see, Shy Wolf has a lot of supporters.
Good morning. My name's Deanna Deppen. I'm the executive
April 23, 2019
Page 45
director. I first met our founder, Nancy Smith, in November of 2000
when I was invited out to meet the wolves by Michael Kloman; he
was a friend of hers.
I remember hearing them howl for the first time and getting a
back rub from a wolf named Taiwan. Nancy was working full time
to feed the animals that she had rescued and taken to her home in her
backyard. I gave her a small donation. Told her she really needed to
think about becoming a non-profit. I maybe told her she was a little
crazy to work full time to try to feed those animals.
But I felt she needed to be a non-profit so she could get fencing,
food, and cash donations. Then I left.
Fast forward a few months, and with my next visit I was told,
we're a non-profit. Now what? So she's been stuck with me ever
since.
Eighteen years later, here we are making an offer -- making an
offer -- okay. I'm sorry.
Eighteen years after coming to Collier County as the first
certified athletic trainer in the high schools, I stand before you as the
first full-time employee for Shy Wolf Sanctuary. It wasn't until late
in 2017 that we hired someone. This has been a volunteer-run
organization supported 100 percent by donations until that time, and
we're still 100 percent by donation and grant.
Shy Wolf Sanctuary changes lives. It changed my life and many
others, as evidenced by those who've joined me today in asking you
to accept our revised offer.
Living up to our name: When told the name chosen was Shy
Wolf Sanctuary Education and Experience Center, my first thought
was, wow, that's a mouthful. My second thought was, shouldn't it be
shortened to Shy Wolf Sanctuary? Because no one's ever going to
say the whole name, right? But Nancy was adamant that it should be
Shy Wolf Sanctuary Education and Experience Center and that it
April 23, 2019
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should encompass everything that she saw us doing by educating
people and reconnecting people with animals.
A wish and a prayer: One of Nancy's core beliefs was that if we
were acting from the heart for the animals and reaching out to people
about the animals, then everything would be fine, and it has been.
I was there the day in 2001 when Sandy Carter handed Nancy a
check for $200, and Nancy broke down in tears, because it meant we
could feed the animals that week.
We stand before you today making an offer to purchase land for
an amount we never would have dreamt possible.
Shy Wolf has survived as a grass-roots organization supported
by word of mouth and donors who are still committed to us decades
later.
We are often described as the best-kept secret in Naples or the
gem of Naples. We've grown into our name and out of our current
location. Shy Wolf changes lives. It changes families. Just this
morning I received an email from a former UK volunteer whose
entire family has volunteered over the years, even her grandchildren,
most recently from Australia.
Other examples include students who have pursued careers in
biology, veterinary medicine, and other related fields after coming to
the sanctuary; psychiatrists who have referred patients to the
sanctuary to help with depression; cooperative work programs with
the Collier County Sheriff's Office through the D.r.i.l.l. academy
when it existed, and the weekenders program; community service
opportunities for high school, college, probation, or court-ordered
hours; a rescue need within the community for captive bred and
unreleasable wild animals not filled by Domestic Animal Services,
the zoo, or wildlife rehabilitators;
Research partnerships with the universities dating back to as
early as 2004 in which Shy Wolf was the only wolf organization in
April 23, 2019
Page 47
the country willing to help a Princeton student figure out how to do --
how to adapt a cognitive behavioral test to wolves in order to
compare them to dogs. You see, it involved food, and wolves are
notoriously bad around food when people are near by. The "wolf it
down" phrase applies. She won highest award that year for her thesis
because we were able to help her adapt the test to include our wolves
and wolf dogs.
We've granted last wishes numerous times to people who
wanted to hug a wolf. Being on the ground floor in DNA studies
comparing captive-bred New Guinea singing dogs, probably the
rarest wild dog in the world right now to the wild population that has
just recently been tracked and collared for the first time ever this past
year. They're testing our animals' blood and comparin g it to the wild
dogs.
Healing Hearts program; partnering with the children's network
of Southwest Florida for foster children; Pace Center for Girls; Youth
Haven, women and children shelter; and Valerie's House to heal
mind, body, and spirit of the people involved when they see the
animals that we've rescued that have been abused, abandoned, and
neglected and how they've healed, individuals heal.
What we can't do at our current location: We can't rescue more
animals in need. We're maxed out; we can't be open to the public and
bring classes or groups out to learn about the animals; we can't build
bigger and better habitats for the animals currently residing there; we
can't protect our animals or others during a hurricane or fire.
Nancy Smith, her husband Kent, one other volunteer and I were
out walking the fence line during Hurricane Irma. The entire storm
we walked the fence lines. All of these volunteers plus others in
groups in the community like Gulf Coast Humane Society came
down and helped us evacuate in the April 2017 wildfires.
We can't keep the animals safe where we are. We can't offer
April 23, 2019
Page 48
internships or extended work programs to learn about the animals.
We get requests from around the world, people that want to travel
here to study the wolves.
We can't expand the Healing Hearts program to veterans due to
the backyard gun range that our neighbor built behind our blind
wolf's enclosure. We're concerned about the gunshots setting off
PTSD for the veterans, so the Warrior and Wolves program on TV,
we would like to do something similar, but we can't.
Partner with Fish and Wildlife to treat wild panthers and bears
and injured or orphaned; partner with the United States Fish and
Wildlife to take in retired breeding animals from the red Mexican
wolf recovery programs; to free up space for other animals that could
produce; let the retired animals come to us and educate people in this
community; and partner with 4H to teach kids gardening. Fresh
vegetables for our animals, chicken eggs for our animals, be
keeping -- even working with other rescued animals that we currently
can't take in, like potbelly pigs or horses -- we were just called about
two roosters this week. We have no place to take animals like that.
Future planned facility would be utilizing everything we've
learned in the last three decades about safety, animal husbandry, and
enrichment to better the lives of the residents and the experience of
the guests.
We need a minimum of 20 acres per county statute to build a
prototype world-class facility. We plan Cat 5 rated buildings to
protect our residents and serve as a resource for the community
during disasters, especially emergency service workers who cannot
evacuate: Fire, EMS, deputies, those who work the EOC. They can't
evacuate. Maybe both of them work for the services. Hospitals.
Again, no place to send their animals.
Domestic Animal Services, their building's a Cat 3 rated
building. We could be a resource for them if a bigger storm like Irma
April 23, 2019
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was heading our way. Same thing for t he zoo. The zoo has been
there since what, 1970s. If we had the Cat 5 buildings that could
accommodate exotic animals, we could relocate some of those
animals to our facility.
Educational building that can be utilized by others in the
community for programs. A veterinary clinic to treat exotic large
animals and be a resource for injured panthers and bears or other
large animals belonging to community members in the Estates that
can't take to a normal veterinarian's office. Can't exactly put your
cougar in the vet's kennel that the dog stays in, three by six kennel.
So we want to be a resource for partners like that.
A design plan that will make it pre-eminent K9 cognitive
behavioral research destination. We have five different types of
canines at our facility right now to study different types of canines
and their behavior. We would be a destination not only for
researchers for but for individuals who want to learn about those
animals.
A travel destination for people around the world resulting in
increased tourism dollars for local businesses and the county. They
would come, they would stay here, they would eat here, and they
would be entertained here.
In summary, we feel that the 47 acres at Randall Curve would be
a great location to build Shy Wolf Sanctuary, the next version.
Should you decide that we are not the best use for that parcel for
whatever reason, we respectfully ask that the county consider us for a
partnership similar to what was done with the zoo. The county owns
a lot of land.
We ask that you review plans for the parcels owned. Should
you, again, decide that we are not the best fit for the 47 acres,
although we hope you decide in our favor, we ask that you review
plans, parcels, and determine if one of them might align with Shy
April 23, 2019
Page 50
Wolf's needs.
Clearly, we are an asset to the community and have support
from around the world. With proper planning, we can assist other
partners like the zoo, Domestic Animal Services, and emergency
service workers in disaster situations on top of the daily services we
offer within the community through our educational and outreach
programs.
Again, our revised offer was 1.5 million for half of the property.
If not here, then where?
Collier has been our home. We'd like to stay in Collier, but we
have been looking at other options as well in Southwest Florida.
Thank you.
CHAIRMAN McDANIEL: Thank you, Deanna.
MR. MILLER: Your next speaker is Cathy Killburn. She'll be
followed by Rae Ann Burton.
(No response.)
MR. MILLER: Rae Ann, you want to come on up? Rae Ann
has been ceded three additional minutes from Cathy Bartholow.
(Raises hand.)
MR. MILLER: She will be followed by Robert Anderson.
CHAIRMAN McDANIEL: And, Robert, if you'll come to the
other podium and be ready to go.
MR. ANDERSON: I have a presentation.
CHAIRMAN McDANIEL: Okay.
MS. BURTON: Thank you. My name is Rae Ann Burton, 2530
31st Avenue Northeast, Golden Gate Estates.
Hope everyone had a great Easter and were able to spend it with
friends and loved ones.
With that said, I want to address Item 11A on today's agenda,
County Manager's recommendation to accept Metro Commercial
Development, offer an acreage known as Randall Curve, is offered
April 23, 2019
Page 51
solely to benefit city developer Hole Montes, Incorporated, and the
development of Immokalee Road Rural Village with impact fee
credits. Metro Commercial Development states no intended use.
Only commercial. Commercial what?
The Estates was promoted as land to build upon, create a garden,
have horses, and even raise livestock. It even listed at one time a
waterfront property, a place where one can enjoy the environment
and wildlife that Florida offers without going to a park or a zoo.
The Estates does not want a county school bus barn or a county
road and bridge facility on Randall Curve. It will create traffic
problems, accidents, noise, and pollution from the diesel and gasoline
fumes. There's already enough fumes from the passing cars. With a
maintenance facility, it would be even worse. Plus, run -- rainwater
runoff from the parking lots into the street mixing with road oil
flowing into the canals. Building the facility would destroy the rural
environmental and whatever wildlife is now living on acres.
The option that would enhance the area, provide a benefit to the
Estates, and even bring tourists to the area is the Shy Wolf Sanctuary.
They have a long-range plan.
CHAIRMAN McDANIEL: I'm going to ask.
MS. BURTON: They intend use --
CHAIRMAN McDANIEL: Rae Ann, stop.
You're more than entitled to be in concert with the speaker , but
I'm going to ask that we keep our personal comments to ourselves
and show respect for all of the speakers across the board. Do we
understand? This is a positive head nod; yes. There we go.
Go, Rae Ann.
MS. BURTON: The intent uses a world-class sanctuary
educational research facility with park trails for hiking, trails for
horseback riding -- which we need. If you ever walked out of your
driveway and found a deposit, you want them on the trails -- and
April 23, 2019
Page 52
biking benefiting the Estates. It may even be a tourist draw. It could
even rival CROW of Sanibel.
I did a poll, and 85 percent wanted the sanctuary; 9 percent
wildlife's rescue center, and 5 had no idea what to use it for.
Commercial center may or may not survive. There are many
centers that are only half filled, and stores and shops constantly
closing. Staples couldn't make it in the Target center. Shops in the
center on Wilson are constantly closing and changing.
So why not permit something that will be long-lasting and
benefit the residents, both man and animal and environmental? Don't
cut down the trees, dig up the earth, and put down concrete parking
lots and buildings that create impervious environments.
This area is right at our front door, on a very busy road, and on a
curve. There should be more discussion and added time when
homeowners can come, not at 9 a.m. in the morning. Make the
website easy to find so comments can be submitted. Send emails;
they were given at the meetings by people that could be there. Post a
notice in Naples News. Many don't get the paper.
Broadcast meetings on the local news stations and not the day
of, but at least two times several days before.
According to an email from Golden Gate Estates Area Civic
Association, there seems to also be some legal i ssues is what -- and
that needs to be resolved. The Board was elected by the residents
that live in Collier County, was chosen to represent the people and
their wishes and their needs. The Board's main purpose is to protect
Golden Gate's rural environment, the master plan of single-family
homes, protect over -- against overdevelopment. It is not to make
decisions based on personal preferences nor the demands of the
developers.
Golden Gate Estates is known for wildlife and rural
environment. It's what makes Naples a great place live. That is what
April 23, 2019
Page 53
we are fighting to preserve and protect. Randall Curve needs to be
built to benefit the Estates, not to destroy it.
Thank you.
MR. MILLER: Your next speaker is Robert Anderson. He'll be
followed by Lois Delgrosso.
MR. ANDERSON: My name is Robert Anderson. I live at
2780 29th Avenue in Golden Gate Estates. I used to be a corporate
executive working in New York City and retired here to paradise, and
I want to keep it that way.
I'm going to do a presentation on what I'm calling the bus barn
fiasco. The question is, to the Commissioners, if -- why would a
farmer put a barn five miles from their animals? Where's the
rationale for putting a bus barn not on the school district property?
Where's the sponsor of the bus barn? I haven't seen one show up as a
speaker. Where's the common sense in Collier County? And how
are you-all going to vote on this?
So with that, next slide. This is Collier County's version --
vision of a bus barn. I don't think it's very practical. Think about it.
A fiasco is a thing that's a complete failure, especially in a ludicrous,
impractical or stupid way. This looks pretty stupid to me.
You want to put a bus barn right next to Waterways? Where is
the sense in that? That's a commercial, industrial-type building. It's
not logical.
Deja moo, this feeling like you've heard this bull before. It
doesn't make sense to put a bus barn not on school property. That's
where the kids are. That's where the school buses need to go.
So why are we putting -- what's the rationale for putting a bus
barn in a residential area? Why are we adding industrial buildings to
a residential area? You're adding 200-plus school buses to a morning
commute. That's already a very busy intersection as we know.
You're going to have increased accidents, congestion on a six-lane
April 23, 2019
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highway, and it's really a misuse of land. We've heard the Shy Wolf
Sanctuary folks. That's in keeping with, I think, the atmosphere we
have in the Estates.
It's a misuse of land. The residents appear to want different
things for this parcel, not a bus barn. So the County Commissioners
have a really tough decision to make. What do we do with that land?
Obviously, a bus barn is dumb, in my opinion. Whoops. So how are
you going to vote? It's going to be interesting.
Thank you for your time, and I hope you vote to continue the
active discussion and involvement of the opinions of the community
before you decide what to do with this parcel, because what I saw as
a proposal is all over the map. Thank you.
MR. MILLER: Your next speaker is Lois Delgrosso. He'll be
followed by Susan Novotny.
MS. DELGROSSO: I'm a female.
CHAIRMAN McDANIEL: Lois.
MS. DELGROSSO: I think everything has been said that I was
going to say.
CHAIRMAN McDANIEL: And thank you, Lois. I wanted to
say that if you are here to speak on behalf of something that someone
else has already said, you're welcome to get up, state your name so
that you're on record, and waive that time just in support of those
who have spoken on the same subject in front of you.
MR. MILLER: Next speaker is Susan Novotny. She'll be
followed by MaryAnne Vega.
MS. NOVOTNY: I'm also donating my time to Shy Wolf
Sanctuary. Thank you.
MR. MILLER: MaryAnne Vega?
MS. VEGA: I'm also donating my time to Shy Wolf. Thank
you.
CHAIRMAN McDANIEL: Thank you.
April 23, 2019
Page 55
MR. MILLER: Cathy Gorman. She will be followed by Sue
Stefanelli.
CHAIRMAN McDANIEL: Is Susan here? That podium,
please. Unless you're going to waive.
MS. STEFANELLI: I am going to waive.
MS. GORMAN: Hi. My name is Cathy Gorman; 722 Pine
Crest Lane, Naples.
They really have said pretty much everything, but I just have
one more comment. I've stood before you only a couple times
before, which I've always been really glad for.
CHAIRMAN McDANIEL: Go slow.
MS. GORMAN: Oh, sorry. But I think this is the time to
maybe vote with heart and with peace. You know, I've watched you,
and I honestly believe that every one of you up there has tried to do
no harm ever to this county. That's why you're here.
I'm not saying development will do harm in any way, but I think
this is a time that you could really use heart and peace and bring
something that will truly benefit the county in every way.
If you've never been to Shy Wolf, I encourage you with all my
heart, please go. I assure you, Deanna will get you in there
immediately. It is incredible when you walk to someone's backyard
and you realize how small it is and how many animals are there, and
then all the good that they are doing.
I've watched my own children through the university and
university programs volunteer there, and I have also, after the fires,
helped move wolves. Let me tell you, I drive a Suburban. You can
only fit one wolf in a Suburban. Do you know how many times you
get to go? Really, you need to know that, because this facility is so
needed.
And something else that was brought up. We have friends
personally that do work, both of them, for the hospital. They stayed
April 23, 2019
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through Irma. We left. You know whose dogs we took with us?
That's really important. Because they were so concerned. They're
here as our first responders, but they have animals they love. They
need a place as well. This will fill so many roles which they spoke to
you about. So what I'm asking you is, please, think about this one
issue, maybe not so much for development as far as, you know, the
commercial, but for once with heart and with peace, and I really,
really encourage you to go there.
Thank you.
MR. MILLER: Your next speaker is Sue Stefanelli.
MS. STEFANELLI: Waive.
CHAIRMAN McDANIEL: She's waiving.
MR. MILLER: Rich Hoffman.
CHAIRMAN McDANIEL: For and on behalf of Shy Wolf.
MR. MILLER: Mr. Hoffman will be followed by John Pelletier.
CHAIRMAN McDANIEL: John, are you here? Yes. I thought
I saw him in the back.
MR. MILLER: Go ahead, sir.
MR. HOFFAN: Good morning, Chairman McDaniel and
Commissioners. My name is Richard Hoffman. I'm the vice
president of the Valencia Lakes Homeowners' Association consisting
of 483 homes.
And without reiterating or restating all the prior comments about
why we shouldn't have a bus barn, the residents of Valencia Lakes
are opposed to the bus barn. I only mention that because I don't want
any backsliding.
On the chart that was put up before, it mentioned something
about the money from the sale of the 47 acres would be put into the
proper account. My question is: What is the proper account? Is that
an account of the county, or is that an account of the Golden Gate
Estates Land Trust? That's my question.
April 23, 2019
Page 57
Second comment is based on all the discussion that I've seen
here and the additional bid by Shy Wolf's secretary, I would think the
decision should be postponed another month so I can go back to the
people in my homeowners' association and explain to them in more
detail what the different options are.
Thank you.
MR. MILLER: Your next speaker is John Pelletier. He'll be
followed by Kim Pratt.
CHAIRMAN McDANIEL: Kim?
(No response.)
CHAIRMAN McDANIEL: Kim's not here.
MR. MILLER: Be followed by Enrico Avallone. You'll be
next, sir. Please go ahead, sir.
MR. PELLETIER: Thank you very much.
Good morning, Commissioners. I appreciate the 10 o'clock
time-certain. We're all busy out here in the general public. Thank
you for allowing me to speak here again today.
My name's John Pelletier, and I've lived on Fourth Street
Northeast, which is the neighboring street to the west of this property
for 25 years. I am very glad to see that the executive summary makes
no mention concerning the bus barn and subsequent industrial use on
this property.
Wearing this shirt, I, as well as residents of our street, have held
corner sign rallies and meetings with overwhelming support from the
community against the industrial use and land swapping. I am
hoping after today I can use this shirt for painting projects around the
house. Take it off.
So thank you for listening to us, Commissioners. And I would
like to thank Toni Mott for visiting our community and asking us
what we want to see there.
So here we are today with offers from prospective buyers which
April 23, 2019
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is a direct result of an outstanding decision by this board to put the
property up for sale. Some of the residents on my street met at my
house last night, and I wish to express what they did say.
Number one, all residents agree with the recommendation by
staff to negotiate with Immokalee Road Rural Village for the
development of a joint county and school district project stressing not
on the Randall Curve property.
All did agree with the offer for the asking price of 3.5 million
from Metro Commercial Development. They all did agree that the
residents would like to see pleasant amenities in that area. We hope
that if this offer or any offer proposed here today is accepted, that the
proceeds do not go to the county's portion of a future road and
bridge -- did not go to the future road and bridge facility or a future
joint-use facility and, furthermore, the 3.5 million to be used to the
benefit and residents of the Golden Gate Estates directly.
Some of the ideas were: A dog park; help the Fire Department
with this money; ATV park. Just some of the ideas that they threw
out there.
In conclusion, on a personal note, I can only stand up here today
to speak on behalf of myself, my family, and some of the residents of
Fourth Street Northeast. I can't speak for the entire community of
Golden Gate Estates.
So I urge you-all to carefully consider discussions and decisions
in the course of time keeping in mind how important this is to the
future of our neighborhood and our district.
Thank you for listening. God Bless America.
MR. MILLER: Your next speaker is Enrico Avallone. To be
followed by Dawn Smith.
MR. AVALLONE: Thank you. Enrico Avallone. So I want to
say thank you for considering options than the bus barns. As has
been stated many times, the bus barn is a no-go for the residents of
April 23, 2019
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the Estates.
I am not here to support specifically which plan of a sale that
you are looking at, any of these proposals. I'm not opposed to the
Shy Wolf. I'm not opposed to the commercial use. But we are all in
agreement that we are opposed to a bus barn there.
CHAIRMAN McDANIEL: Got that.
MR. AVALLONE: A few things I want to state, though, are
that the proceeds -- if you were to take the highest offer -- I'm just
assuming that that's what's taken, but not necessarily what's taken,
that the money should be used for the benefit of the residents. It is
listed in the GAC that that money is to be used, or, you know, if
there's a sale of property, that that money's to be used for the benefit
of the residents.
The bus barn has been described to us as being a joint facility
for using buses to transport -- I guess CAT buses for Immokalee and
other areas; in other words, not for the residents of the Estates. That
is against that agreement.
With that said, we do want to make sure that whatever's done us
residents from all the surrounding areas of this property have a say in
what happens in the future. If it's sold to X company here, we at least
have a say of -- you know, a seat at the table so that we can discuss
and build this future for all of us. Not only for whoever gets the
property, but for the people who surround it.
So we need to make sure that everybody has a seat. That's
basically all I have to say.
CHAIRMAN McDANIEL: Thank you, sir.
MR. AVALLONE: Thank you.
MR. MILLER: Your next speaker is Dawn Smith. She'll be
followed by Michael R. Ramsey.
MS. SMITH: I'm Dawn Smith.
The bus barn is actually -- the majority of those buses will be
April 23, 2019
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going to Immokalee. That was a little tidbit that's been left out to the
community, and we've been trying to get it out there. It's an
intersection that is already failing. So to put -- even consider to put
that amount of buses that are going to benefit the Immokalee area
would be insane.
Whatever you choose, just don't let it be the bus barn.
CHAIRMAN McDANIEL: Thank you, Dawn.
MR. MILLER: Your final speaker is Michael R. Ramsey, who's
been ceded three additional minutes from Nadine Eubanks.
(Raises hand.)
MR. MILLER: Mr. Ramsey will have a total of six minutes.
MR. RAMSEY: Commissioners, I'm Michael Ramsey. I'm the
president of the Golden Gate Estates Area Civic Association.
We've had many discussions with our members and residents
about this issue. And, first of all, I'd like to thank you for, in the
beginnings of this issue, allowing us to pursue the other options for
the sale. That's been -- it's created some very interesting discussions
and some lively discussions also.
First of all, the Estates Civic position is that this agenda item
today, the way it's stated deep down in the agenda package, is a
violation of the 1983 GAC Land Trust agreement. It specifically says
in there monies and lands shall be used for the benefits of the Estates
residents within the Estates boundary. It also states that that's monies
and proceeds shall not be used for transportation projects.
The current proposal in front of us today unfairly makes the
Estates residents bear an unfair cost burden that should be borne by
all the taxpayers of Collier County because it's a
transportation-related issue.
The Estates Civic believes this item should be extended another
30 days to allow for discussion. In our Golden Gate Area Master
Plan we have a line item in it that says that there should be a
April 23, 2019
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visioning process that should take place of the corridor between Oil
Well and Randall where this property falls. That has not been taken
place. Currently, the master plan is in transmission due to be
received back soon.
The Estates recommends that we should go ahead and have a
discussion within a 30-day extension so that we can pursue more
discussions about the future of this area that may bring about a
different conclusion about which of these proposals is better for the
Estates.
So we would recommend that you allow us more time to discuss
this. Thank you.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Mr. Chairman, that was your final speaker on
this subject.
CHAIRMAN McDANIEL: Well, if you -- we're past our break
for our stenographer, so if there -- if it's the pleasure of the Board, if
you want to take a quick 10-minute break, and then we'll come back
and deliberate and vote. And we'll be back at -- 10 minutes from
now; 10:53.
(A brief recess was had.)
MR. OCHS: Commissioners, Mr. Chairman, you have a live
mic.
Ladies and gentlemen, please take your seats.
CHAIRMAN McDANIEL: Are we all set?
Okay. I don't have any lights lit up, so I'm going to take the lead
here. And I would like to make a suggestion. I'd like to just go
ahead and make a motion.
The last time I looked, this was meant to be government of and
by and for the people. And if we've heard nothing today, we've heard
about an enormous amount of people's issues with regard to what and
how this property is, in fact, managed.
April 23, 2019
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So I would like to suggest that we continue this item for a month
to our second meeting in May. I have a town hall meeting on
April 30th scheduled. I have -- and I have volunteered, with staff, to
host a public meeting at the IFAS Center sometime in early May, and
we'll invite the offerers, the folks who have came and made us offers,
to come and make presentations as to the validity of their offers, and
then there is at least one Golden Gate Civic Association meeting in
May as well prior to our second meeting in May, at which point we
can then come back, have an enormous amount more of public input
from the residents that are impacted by these decisions, and allow for
that to be a portion of our decision-making at the second meeting in
May. So with that, I'd like to make that motion to continue until then.
COMMISSIONER FIALA: I'll second your motion, and then
I'll --
CHAIRMAN McDANIEL: Stay on the mic.
COMMISSIONER FIALA: Just release this thing, because I
wanted to ask if you would publish to all of us the dates of these
different meetings in case we want to sit in. I certainly wouldn't have
anything to say, but I would like to listen to what people have to say.
And so if we have places and times, I would appreciate that.
CHAIRMAN McDANIEL: Absolutely. And I haven't picked a
time for the meeting in May, the individual one for this item at the
IFAS Center. I have a town hall scheduled for the evening of
April 30th there, and that's advertised out there already, and then
our -- and I'll make sure on my website, on District 5's website, that
we have the time and place for that meeting in early May.
MR. OCHS: Mr. Chairman, sir.
CHAIRMAN McDANIEL: Yes, sir.
MR. OCHS: Just a quick clarification on that meeting. You
said the staff was going to be hosting that with you.
CHAIRMAN McDANIEL: No, I did not, sir. I was very clear
April 23, 2019
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that I would host it, and I talked to you about hosting it so that staff
wasn't -- other than being there to hold my hand and help me run the
little anonymous clickers. Because we've had several public
meetings. I've been at them. And those anonymous clickers that
folks can sit in the back and express their opinions, that's the only
assistance I'll require, sir.
If you understood me to say that staff was going to host it, no,
that was not -- I'm going to host it, and I'll just need a few people to
help me with the clickers.
MR. OCHS: Very good. And two other quick points of
clarification to some of the speakers' comments. Several references
to a school bus barn and us running the CAT buses out of there. The
school bus barn is the portion of the joint project that is under the
jurisdiction of the Collier County Public Schools. These are to allow
them to have a central place to service and run their school buses to
benefit the children who go to school in the Estates.
And the other reference to some supposed violation of the 1983
agreement, I think, is totally unfounded, and your County Attorney
can comment on that further if you'd like.
And, finally, the references to a county road and bridge facility
that would provide road and bridge maintenance services to the
Estates and stormwater management services and debris cleanup and
other assistance during time of disaster, I think, is every bit as much a
benefit to the residents of the Estates as fire service or police service
or any of the other programs or facilities or equipment that have
historically been funded out of the proceeds of that GAC Land Trust.
CHAIRMAN McDANIEL: I'm just going to say, Mr. Ochs, that
we regularly allow people to say what they wish with regard to the
public process. And I want to give credence to those who have made
public statements and also caution to everyone listening that not
everything that is said is as factual, necessarily, as it can be.
April 23, 2019
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Mr. Robert had a very interesting PowerPoint presentation
regarding a bus barn and "moo-ve over" or, whatever that other one
was. That was really cool stuff. Some things are embellished along
those lines, and I want to offer caution to the effect that the public
speakers have the right to say what and as they wish. It's not given
anything other than credence and that opportunity for public
comment.
And I don't think there's a need for us to counter any of that,
especially today, simply because we're -- we are in the
public-comment process.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. Just -- I'm going
to support your motion. I don't have any issues with the motion, but I
do have a couple of questions and, perhaps, some comments.
In terms of the -- this bus barn issue and everything, you may
have provided us a lot of information on that, but I need some more
information as to how that would all work, what areas would be
serviced, and just what the real need is, and so I think that would be
important going forward.
Secondly, I'd like what the folks from the Shy Wolf preserve
or -- I'm not sure it --
CHAIRMAN McDANIEL: Sanctuary.
COMMISSIONER SAUNDERS: Sanctuary, I'm sorry -- had to
say in terms of what their mission is, and I just wanted to kind of
plant the seed with staff -- I'm not suggesting that this should go on
that property at all; that's an issue that we'll talk about. But we have
that park down in East Naples -- yeah, on the road to Immokalee --
on the road to Marco Island. I'm sorry. I'm not sure what we call
that.
COMMISSIONER TAYLOR: That 60 acres.
COMMISSIONER SAUNDERS: Yeah.
April 23, 2019
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MR. OCHS: The Manatee Park site?
COMMISSIONER TAYLOR: Yes.
COMMISSIONER SAUNDERS: Is that a 60-acre park; is that
what that is?
MR. OCHS: Yes, sir.
COMMISSIONER SAUNDERS: Well, I'm just wondering,
does a Shy Wolf Sanctuary fit in with a park operation that may be
there in the future; just a thought. It just seems to me that that might
be a solution for their issue and also provide some amenities in that
area. But I'm going to support the motion this morning.
CHAIRMAN McDANIEL: Thank you, sir.
Commissioner Solis.
COMMISSIONER SOLIS: I think what I would like to see is --
and I appreciate that you're going to have a town hall meeting where
you'd invite the folks that are --
CHAIRMAN McDANIEL: Just a correction. The town hall
meeting is already scheduled. It's already booked up. It can be a
portion of that. But I'm going to host a separate meeting specifically
for this item in early May; just to clarify, sir.
COMMISSIONER SOLIS: And I appreciate that. But if there's
going to be a presentation from the potential purchasers of the
property to hear and the terms of their purchase is, I would like to
hear that. I mean, I think -- no, I think that's something that if we're
going to do that, I think we should have that here.
I have questions -- and I appreciate the offer made by the Shy
Wolf organization which, doing the math, comes out per acre to be
about the same that we're getting from the offer from the commercial
folks.
But the nature of that offer I would like to hear more about.
And if we're going to have a process where offers are being
compared in a public setting, I mean, I would like to see that done
April 23, 2019
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here because the decision -- this decision affects more than just the
Golden Gate Estates. I mean, it will affect traffic on Immokalee
Road.
You know, if the facilities that are needed there aren't created,
that will create more traffic going in and out of Collier County, in my
opinion.
So this is not only, in my opinion, just a Golden Gate Estates
issue; this is a Collier County issue. And I'd like to hear those --
those presentations here. I have no objection to a continuance.
I will -- since we all get a chance to say our two-cents worth, I
would suggest to speakers that if you're trying to convince us to make
a different decision, using the word "stupid" is probably not the way
to do it, because if there's one thing that I am very clear on is that
neither our commission or our staff are stupid, and I think the county
shows that. And that's all I have to say about that.
CHAIRMAN McDANIEL: Thank you, Forrest.
COMMISSIONER SOLIS: Stupid is as stupid does, by the
way.
CHAIRMAN McDANIEL: Gotcha.
COMMISSIONER TAYLOR: Well, I do have some questions.
I do think -- and I respectfully disagree with our Chairman. I think
we need to set the record straight, because there's no need for you to
discuss things that aren't accurate.
So the first thing I would like to do is just briefly give us the
genesis of how the school barn and the road maintenance concept
was created when it was created and what is happening now that it's
being brought forth, sir.
MR. OCHS: Toni, you want to start at the beginning back in the
mid '80s.
MS. MOTT: Back in 2007 --
COMMISSIONER TAYLOR: Louder.
April 23, 2019
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MS. MOTT: Back in 2007, the school district and the county
were negotiating the 47 acres. The property was going to be split.
We were working on an interlocal at that time. Half would go to the
school district for their facilities; half would be the county -- remain
the county's for our facilities. It would be a joint endeavor, and then
there was the turn in the economy. And there wasn't money to move
forward, so it just kind of laid dormant for several years.
Fast forward a year, year-and-a-half ago, the negotiations started
again with the school district.
COMMISSIONER TAYLOR: And who owns that property that
you say that was -- did the county own it at that time?
MS. MOTT: Yes. That acreage was part of the GAC Land
Trust. It came to the county per the 1983 agreement. So the 47 acres
actually was a little bit larger. Approximately 10 acres is utilized for
stormwater, for transportation; they purchased that parcel. But it is in
the county's inventory. It always has been.
COMMISSIONER TAYLOR: And so to our County Attorney,
it comes from the -- it came to the county from the land trust; am I
hearing that? Can you give us the genesis of the legal basis for who
owns this property and where does this money go, please.
MR. KLATZKOW: Given the history of this particular parcel,
Collier County owns this property, and Collier County can do what it
wants with this property.
COMMISSIONER TAYLOR: Thank you.
MR. CASALANGUIDA: Commissioner, one point of
clarification: Why it became a joint facility, and this is probably
important for the public and everybody to understand, is the bus barn
facility and the road and bridge facility share fueling, maintenance.
The cost to build those facilities are enormous. And so when
you talk about combining those assets, wherever it is -- the Board
will decide, ultimately, where we put it, but access on a county
April 23, 2019
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arterial is, at a minimum, a half a million dollars, a fuel facility is
close to 2 million dollars, and the containment that's required for
those is several million dollars that goes with it with the site, water
quality and everything.
So regardless of where this goes, the genesis that came out of
the 2004 to 2007 discussions was about it's expensive t o build these.
They're the same type of vehicles. They require maintenance. It
services the folks in the Estates, and we're traveling enormous
distances from Davis Boulevard, which is a leased facility from the
State, to get out to the east.
So we were trying to reduce traffic, save costs, find a site. And
this, back in 2004, was a location that is different than it is today --
but said, okay, that we have that location.
So wherever you end up with this, it's important that we save
resources, provide that service so that we're not traveling as far. We
lose a tremendous amount of productivity coming out of the Davis.
The traffic -- we're all on at 6:30 in the morning when the gentlemen
start their day, they're commuting out to the Estates, predomina ntly to
provide these services, and so keep that in mind as we make these
decisions going forward.
COMMISSIONER TAYLOR: Thank you.
And as we also go forward, we've had an offer. It's not in
writing. It's a verbal offer at this point to split that property. I'm
assuming that the 1.5 would be for Shy Wolf Sanctuary so, therefore,
it would remain in the county's possession. I think as we go forward
we probably need to have some ideas, if any, how you would utilize
that property. Would it be for sale? Could you put something on it?
What would it be? I think it would be important for the neighbors to
understand what to do. Do we need another park with Big Corkscrew
right there and, you know, yet to be developed but soon to be
developed? So that is something that we've not addressed before?
April 23, 2019
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And I think it's important that we do do that.
MR. OCHS: Yeah. Frankly, Commissioners, you have the staff
recommendation here, so...
If you want to do something else, you're, obviously, very free to
do that.
COMMISSIONER TAYLOR: Well, I think it would be
important to hear from staff, assuming -- assuming, and I'm not
saying this is going to happen, but let's just assume that the property
was split in half. Okay. What would you put there, not necessarily
that you would recommend it, and maybe give it some thought.
MR. OCHS: Sure.
CHAIRMAN McDANIEL: I mean -- and with all due respect,
Commissioner, the decision as to what we're going to do with the
piece of property by this board will be made at our second meeting in
May, and then once we decide and determine what we're going to do
with it, then we can have some kind of analysis by staff as to whether
or not or what we're going to do.
COMMISSIONER TAYLOR: Oh, I don't expect that analysis
today. I just thought it would be important to know that. Maybe it's
a piece of property that can't -- the county wouldn't want it. Maybe
they would want to sell it. I don't know. That's just more
informational and not required right now.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Just a logistical question, because
there was an RFP that was put out.
CHAIRMAN McDANIEL: There was. I was going to ask the
County Attorney that.
COMMISSIONER SOLIS: And so there were responses, and
now there's another offer. Was it an RFP, or did we just receive --
MR. OCHS: We just received --
COMMISSIONER SOLIS: Okay. So it was not an RFP.
April 23, 2019
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CHAIRMAN McDANIEL: There was a time-certain with
regard to when we were accepting bids and closure for that period of
time. And I know -- I've had several people approach me about
making adjustments and/or other offers and, procedurally, I would
like to know whether or not we should, could --
COMMISSIONER SOLIS: And let me just express my
concern, is that without some date at which all offers have to be in,
this could, theoretically, go on forever if we're going to do this.
COMMISSIONER TAYLOR: That's true.
COMMISSIONER SOLIS: And so I'm a little concerned that
we're just going to keep kicking the decision down the road just --
because I would think that the other bidders should have some
opportunity to respond as well.
CHAIRMAN McDANIEL: Should we decide to allow one of
the bidders to adjust their offer, then it should be open to all who
have made offers, and then that bodes the question as to whether or
not we should -- and, again, how would we -- how will we treat -- I
mean, when this issue came up last year -- and I lobbied a lot for this
property to be up for sale, you said at that time that, you know, we
accept offers on all of our property all of the time.
So at what point do we provide for fair discussion, public input?
Ultimately, when this board makes a decision as to what we're going
to do, then that decision is made, and we'll be done. So I'd like to ask
that -- with your permission -- I share that same concern with regard
to allowing those who have made offers within the time frame as a
requisite, and I know of one other person/entity that has made a
suggestion of an offer that I've said, we really can't accept it.
So, County Attorney?
MR. KLATZKOW: At the end of the day, it's up to the majority
will of the Board. I mean, if you've got proposals and you're not all
that happy with the proposal, that you want to hear more proposals,
April 23, 2019
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you can do so.
COMMISSIONER SOLIS: Just so you know, I mean, we've
invited bidders, and we've got bids from folks -- I'm not going to
support the motion just because I think we need some finality, and we
have an oral offer to buy real estate which is unenforceable. You
know, where is this going to end? I think we're going to get into a
never-ending process.
CHAIRMAN McDANIEL: So are you not supporting the
motion for the continuance until May?
COMMISSIONER SOLIS: The continuance, I'm not. I think
staff has done what we asked them to do. Folks have come forward
with very good offers. Everybody should have made their best offer.
And I just see this process continuing on forever unless we abide by
what we directed staff to do.
CHAIRMAN McDANIEL: Well, my offer did not -- my
motion for continuance for 30 days was to receive public input. It
had nothing to do with adjusting the current offers. I concur with
you --
COMMISSIONER SOLIS: Oh, okay.
CHAIRMAN McDANIEL: I concur with you. This is Real
Estate Broker 101 going on with me. When the period is set, the
time-certain was done. I'm not suggesting that we continue to allow
people to adjust their offers. I'm just asking that we continue this
decision for -- till our second meeting in May at which -- and then
hear -- and at least have three public meetings in that interim to hear
additional input from the folks that are impacted by this decision.
That -- no adjustments to the offers. The offers are what they are.
COMMISSIONER SOLIS: And the three public meetings are
in the nature of what; county commission meetings where we discuss
these or --
CHAIRMAN McDANIEL: No, sir. One will be -- it will be a
April 23, 2019
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subject at the town hall that I'm hosting on April 30th. I will host a
specific meeting early May at the IFAS center, same p lace, and then
there is one Golden Gate Civic Association meeting at the fire station
out on 13th that the subject will be brought up again, and then I'll
bring that information back to us in the second meeting in May when
we deliberate as to what to do.
COMMISSIONER TAYLOR: Wait. Did I just hear that? Did I
just hear what I thought I heard? You had an offer that was given to
you, and you're going to bring it back?
CHAIRMAN McDANIEL: No, what you --
COMMISSIONER TAYLOR: I misheard. Okay.
CHAIRMAN McDANIEL: Yes, you did mishear. There was a
suggestion of another offer being made, and I told those folks that we
were not in the process of accepting any additional offers. The
period was set, and a time was closed.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: And so I concur with
Commissioner Solis that we should not allow for adjustments to -- for
this particular piece of property to be made. And the deferral of this
decision for 30 days, again, is just to allow for additional public
input, which is direly needed.
Commissioner Fiala.
COMMISSIONER FIALA: Yes. One of the things that
intrigued me was --
CHAIRMAN McDANIEL: Speak into the mic, please.
COMMISSIONER FIALA: Can't get too much closer.
One of the things that intrigued me the most was something that
you said that possibly Metro Commercial Development Group would
also be speaking at one of these things so we would be able to
understand what they were actually going to do. I think right now it's
just hinting at it, but we don't really know, and that was why I wanted
April 23, 2019
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to attend some of these, because we didn't hear today exactly what's
going on.
CHAIRMAN McDANIEL: Correct. And that -- my rationale
for asking for this continuance till our second meeting in May is we
have -- this has been staff driven since the beginning. And with,
relatively speaking, little to no public input, and the presenters, the
offerers who some are here, some are not, were not invited today.
We have staff's recommendation, which I don't disagree with. I
mean, I have to say that staff's done their due diligence, and there's no
malice with regard to this but, again, I said it at the beginning; it's
government of and by and for the people, which is my rationale for
the continuance.
And you're welcome -- by the way, you're welcome to come to
these meetings, to my town hall. Commissioner Saunders, I really
want to invite you.
COMMISSIONER SAUNDERS: I will accept your invitation.
We probably need to get Sunshine Law advice from our County
Attorney, but we can attend those types of public meetings. We just
can't have any interaction with each other.
CHAIRMAN McDANIEL: That's right. We have to stay
three feet apart.
COMMISSIONER TAYLOR: No, you don't have to. You just
can't talk.
CHAIRMAN McDANIEL: Well, I'm making a joke.
Commissioner Taylor, you're -- and, correct, it is publicly
noticed that there may be one or more of us in the room.
COMMISSIONER TAYLOR: So if we can't make these
meetings, then we will have a presentation from each of the folks that
have offered, right --
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: -- at our meeting --
April 23, 2019
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CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER TAYLOR: -- in June? Okay, great.
CHAIRMAN McDANIEL: Absolutely. No matter -- and
assuming we do with the continuance. I think that's requisite.
COMMISSIONER SAUNDERS: And, Mr. Chairman, I just
want to point out that I had a town hall meeting just recently. We had
103 attendees, and so I'll be at your meeting to see how many you
have.
CHAIRMAN McDANIEL: Yes. By the way, I get a signed
dollar when I win, just so you know.
All right. It's been moved and seconded that we continue this
item to our second meeting in May, and I will set it for a time -certain,
just so you know.
Is there any other discussion? And no -- at this -- we don't
take -- we don't take -- please, please. I am going to ask you to
politely sit down. We don't take comment at this stage. The public
portion is closed.
Is there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: So moved. Are you opposing it?
COMMISSIONER SOLIS: Yes.
CHAIRMAN McDANIEL: Okay. 4-1, it passes. You're
welcome to come to my town hall as well.
COMMISSIONER SOLIS: I'll try to be there because I had
April 23, 2019
Page 75
104, by the way.
CHAIRMAN McDANIEL: He had 102. You had 104. You
guys --
COMMISSIONER SAUNDERS: Three.
COMMISSIONER TAYLOR: But, see, I don't have that many,
but that's because I'm doing such a great job.
CHAIRMAN McDANIEL: All right. County Manager?
Item #11D
REVIEW CONTRACT DELIVERABLES AND PROGRAM
OUTCOMES ASSOCIATED WITH THE COLLIER COUNTY
ACCELERATOR PROGRAM AND PROVIDE DIRECTION TO
STAFF ON THE FUTURE OF THE PROGRAM - MOTION TO
WORK WITH EII BOARD TO SEPARATE THE
ACCELERATORS, TURN OVER OPERATION TO COUNTY
STAFF, WORK W/FGCU TO DETERMINE ACCELERATOR
LEADERSHIP AND DO A BUDGET AMENDMENT IF NEEDED
TO COVER EXPENSES THROUGH THE END OF THE
CURRENT FISCAL YEAR – APPROVED
MR. OCHS: That takes us to Item 11D. This is your 10:45
time-certain item. It's a recommendation to review contract
deliverables and program outcomes associated with the Collier
County Accelerator Program and provide direction to staff on the
future of the program.
Mr. Callahan will present.
MR. CALLAHAN: Good morning, Commissioners. For the
record, Sean Callahan, executive director of corporate business
operations.
Just very briefly -- and we have some members from the EII
April 23, 2019
Page 76
board of directors as well as Dr. Aysegul Timur from Florida Gulf
Coast who wanted to speak to you today as well.
At your February 26th meeting, we reviewed the contract
deliverables associated with EII's FY '19 contract. It was also
discussed at that meeting that EII was in the process of visiting
several different accelerators and incubator programs across the state
of Florida, and I believe, as part of your request, you asked that we
bring you some of those contracts today to review alongside of EII's
FY '19 contract.
So in your agenda packet today, we included the FY '19 contract
for EII, and EII also drafted a white paper, which I believe you all
have a copy of today.
So I believe Dick Grant is going to present a little bit on that
white paper, and following your consideration of that, along with the
review of your contract deliverable, staff's available to answer
questions, and pending any direction that you provide, we could
make any type of program adjustments or contract amendments;
that's possible.
So with that, I'll introduce Dick Grant, who's the chairman of the
EII board of directors.
MR. GRANT: Thank you. Dick Grant, chairman of the EII
board.
I'd like to do this in two parts: I'm going to talk very briefly.
I'm going to ask Dr. Timur to come up, and then I'll come back up,
and we'll be quick. I'd just like to make note of the fact -- and thank
you for the opportunity, by the way, to come and talk about the
accelerators and the past and the future and the opportunity to do this.
We spent a lot of time preparing this white paper. I hope it was
useful to you. It was intended to be factual and historic.
With me is Jennifer Pellechio, who you know is the president of
EII; Mr. Fred Krieger, who is our chief volunteer financial officer;
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George Ahern, who's a member of our board; Tim Durham, who you
know, who's a member of our board; and also, I'd like to identify Tina
Matte, who many of you know with the Gravina Smith Ma tte firm.
And Tina has been helpful in assembling the white paper and
messaging and communicating, and appreciate all of her help.
The accelerators belong to Collier County. They were created in
2013/14 at the direction of this board, and EII came about to bring
that about. And I'd like to ask Dr. Aysegul Timur, who is the
assistant vice president for strategic planning of FGCU working in
the office of Dr. Martin, to come up, because she's going to talk to
you about why the accelerators got created, the genesis to that, and
how they play a very significant part in the role of economic
development. She's a trained economist; that's her thing.
And I'd like Dr. Timur to talk. After she speaks, I'd like to make
a few remarks, and then we'll be happy to answer questions.
Dr. Timur.
DR. TIMUR: Thank you. Good morning.
With the purpose of this presentation, I believe it would be
appropriate to take the opportunity and make a reference to
Opportunity Naples study, which was conducted in the summer of
2014, and the study was conducted by Market Street, which is a very
nationally recognized economic development consultancy firm.
And the study had many faces. And you can see all the reports
are with me, and there are a lot of remarks and a lot of things. And I
underlined so many sections, and I think I read every single line of all
these reports.
The study included not only the competitive assessment of
Collier County, but also the target sectors, marketing analysis, and
the strategies for economic diversification and also an
implementation plan.
The reason I am referencing this study was that the conceptual
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idea of Naples Accelerator was part of the community-wide
discussions at that time, and it was identified as one of the strategies
for Collier County's economic diversification opportunity.
So many organizations and many individuals involved in the
study: Greater Naples Chamber of Commerce, Board of County
Commissioners members, and also many community influential
leaders, business leaders. So it was a very comprehensive discussion;
50-plus members of Steering Committee involved to the study.
The study concluded many recommendations, but there was one
item related to our presentation today. As part of the strategic
decisions and key initiatives, one of the action items was
Action 2.1.3, expand Collier County's entrepreneurial capacity.
With that, it was suggested to consider opportunities to develop
one or more sector-specification accelerators for local target
categories. With that, implementation plan in the study included the
Naples Accelerator under the leadership of Collier County Office of
Business and Economic Development and, shortly after, the county
executed the plan.
The study reference -- this is the important part. The study
referenced creating an entrepreneurial ecosystem in Collier County
which is an integral piece for economic development and
diversification.
In terms of best practices and also in order to create an
entrepreneurial ecosystem, strong and rigorous educational and
training programs are important to provide foundation to new and
emerging businesses and ideas with supporting business mentorships,
essentially service, and a collaborative environment; however, it is
recognized that established and enforced performance indicators are
important as -- they are as important as these educational programs as
stated in the best practices section of the white paper, which
Mr. Grant will cover in details probably later.
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So as indicated in the white paper, accelerators should you have
been -- should be seen like hubs for business ideas from all over the
world, but the primary performance indicators should be around
selectivity and exiting from the program in an adequate time period.
The main goal for these companies is to succeed in diversifying
the economy and creating high-skill -- high skills and
high-wage-paying jobs. Office space renting and remaining in the
accelerator is not a permanent goal.
As clarified in the white paper and part of the white paper,
Florida Gulf Coast University has a desire to support and play a
greater role to improve the educational and training programs as part
of the best practices available at the Naples Accelerator with the
assistance provided by FGCU Institute for Entrepreneurship.
FGCU Institute for Entrepreneurship, under the leadership of its
director, Dr. Sandra Kauanui -- and many of you know her -- that
she's one of the leaders in town everywhere in the region, champion
for entrepreneurship, has a strong, consistent, and precise educational
program structure with qualified, credentialed, dynamic subject
matter expert, technology focused, and experienced faculty to provide
21st Century entrepreneurship programs.
With a clearly defined mission by the Naples Accelerator,
FGCU Institute for Entrepreneurship is willing to assist to develop
and deliver rigorous, outcomes-based and even tailored and
customized educational and training programs to the members of the
accelerator, follow up their business plans and, finally, assist them to
prepare strong presentations when it is time for searching for funding.
Since collaboration is so important, these steps could be
designed and offered in partnership with the leaders and mentors of
the FGCU's Small Business Development Council and the local
SCORE chapter and other entities for capital opportunities.
Therefore, Naples Accelerator can become a center point of creating
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entrepreneurial ecosystem in Collier County.
I also would like to note FGCU continues to explore other
considerations internally to support the Naples Accelerator; however,
many of these discussions at this point is under development
depending on the legislation and also resource and budget constraints.
I believe Mr. Grant will continue more on talking about the
white paper.
CHAIRMAN McDANIEL: Before you go away, if you would,
please, elaborate a little bit with regard to FGCU's entrepreneurial
program; how long its been in existence, how many participants have
came through. If you would share.
DR. TIMUR: FGCU's entrepreneurship academic program
includes FGCU students at this point. So we have a significant
number of students. I don't exactly know how many students are in
that program, but it is one of the growing programs at FGCU. And
entrepreneurship is now part of the FGCU's strategic plan.
CHAIRMAN McDANIEL: Okay. And I didn't mean to put you
on the spot, Dr. Timur. I just wanted --
DR. TIMUR: I am still learning. I have been at FGCU for three
weeks now. So I'm still learning, and I promise to send those
numbers to you.
CHAIRMAN McDANIEL: Please, if you would.
DR. TIMUR: Absolutely.
CHAIRMAN McDANIEL: If we're going to continue with this
process, that's going to be a critical item for me to have a look at to
determine how we go forward.
DR. TIMUR: Absolutely. And we would love to have you on
campus and also see our entrepreneurship program and what we do.
CHAIRMAN McDANIEL: Thank you.
MR. GRANT: Thank you.
A few points. And I'm not going to talk that long. And then
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we'll take whatever questions you've got; do our best to answer them.
And I think the first point that I believe is important to bear in
mind here is I think you need to separate the accelerators from EII.
The accelerators really belong to Collier County. They were created
at the instance of this board a number of years ago.
EII was simply the instrumentality that was designed to
implement bringing them about and operate them. EII is as much of
an upstart as are all the candidates in the program. It may have a very
fine board of directors, as it does, who have great experience in
business, but none of us have ever run an accelerator before either.
It's not like you hired EII as a long-standing operator of incubators to
come in and run them.
We created this thing as it was being done, and I thi nk this
certainly got a lot of criticism of it, and some of it's well deserved. I
think we're past it. But keep it separate. The accelerators don't have
to be run by EII. They could be run differently. And maybe that is
an idea whose time could have come, but I'm not trying to dwell on
that. I just think it's important that you keep the two separate in your
decision-making.
The white paper was put together. The idea for that came about
last fall. We realize that we, as an organization, needed to do a better
job of the way the accelerators were running, the programmatic part
of it, the educational part of it, and also learn more about how
accelerators operate around the country.
And we undertook a pretty good study both through resources
available on the Internet as well as some visits to some pretty heavy
world-class operations in Orlando at the University of Central
Florida. FIU; Jennifer Pellechio happened to be in California on
personal business, and she took some time to go look at accelerators
while she was out there.
We gained a lot of information, and that helped fashion the
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white paper. A lot of talk is made about deliverables in our contract.
There's no deliverable in our contract for producing a white paper.
There's no deliverable requiring that we undertake a study and a
survey of how accelerators should operate. We did that on our own
because we thought it needed to be done, and we thought you needed
the information as well as us. So it was an extra and it was a bonus.
And it took not insignificant work. And we tried our best to make it
factual. We tried to make it as correct as we could.
And I will make one correction. There's a fact sheet in there of
data from the accelerators that has information there about jobs
created. We believe it's accurate, but we did not make it clear that
the jobs created were not necessarily full time equivalent jobs.
They're just jobs. So some of them may not be full-time equivalent.
We should have made that point. Anyway, enough said about t hat.
The white paper -- and I think the recommendations that it is
making to you are really in two respects. One, programmatic
changes under the -- about a page long in there called "best practices"
which Dr. Timur mentioned. Those are what I call the educational,
the mentoring, the training part of the program. We need to do a
better job of how that's done. It needs to be more formalized than it
has been. Help from FGCU would be wonderful to do a better job of
bringing that about. And we look forward to that to the extent things
keep on going.
But, as I said, I think that you all need to decide what you think
of the accelerators, and there are two, and they are different. The one
in Immokalee's quite different from the one in Naples. The one in
Immokalee is very technically oriented toward food to some extent
probably aligned best with the University of Florida IFAS, which it is
already. The one in Naples is different. And we think the
accelerators are a good idea. Those on the board wouldn't be
spending the time that we have spent on it if we didn't believe that,
April 23, 2019
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but it's really your decision about what you want to do in the future
and how you want to keep them going and the kind of help that you
can enlist from FGCU and others to do it.
And it can be done differently. It doesn't have to be done by
EII, and EII can morph and change, and happy to talk about doing it.
And I guess my one final comment, and it's sort of an analogy,
and it's probably a little bit trite, but I'll say it anyway because I
couldn't think of a better one. There's a saying called "don't throw the
baby out with the bathwater." Well, if you think of the accelerator as
sort of the baby, if you want to get rid of the bath water, that's EII,
but don't get rid of the baby at the same time if you mean to keep the
baby.
And the one thing I would say to you is, if you do wish to
continue them or if you want to work on transitioning and things, let's
try to do it with some level of enthusiasm, because lack of
enthusiasm is a killer. It really is a killer. And I think it's very
important.
So I have nothing more to say. I can answer questions. If they
get real detailed, Jennifer can answer them; Dr. Timur can answer
them; anybody can answer them. Thank you.
CHAIRMAN McDANIEL: Thank you.
Well, I have no lights lit up. Do you want me to go first?
Commissioner Saunders.
COMMISSIONER SAUNDERS: Sure.
CHAIRMAN McDANIEL: You're getting ready to hit your
button. You want me to go first on this?
COMMISSIONER SAUNDERS: I'll follow up.
CHAIRMAN McDANIEL: All right. I have a question of staff.
And I've been quoted in the paper. I've been very vocal. I have not
changed my position from the last time that we spoke about this. I
am committed -- we committed last year to fund EII and these
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accelerators through the end of this fiscal year, one. Have no
intention of continuing that funding under those circumstances into
the next fiscal year.
I would like to ask the committed funding that we have
appropriated, from a term standpoint, are we sufficiently funded to
get through the end of this fiscal year with no subjective adjustments
to what we've committed to?
MR. OCHS: Yes. The county budget, yes.
CHAIRMAN McDANIEL: Okay. So with that, I just wanted to
make sure that we move -- what we had appropriated was, in fact,
existent.
Personally, I am going to suggest the separation of EII and the
accelerators, in fact, come alive. I would like for the separation of
the accelerators to actually, in fact, occur.
I spoke to our CRA board in Immokalee last week with regard to
this and got a unanimous consent from that board to assist with the
operations from a financial standpoint for the accelerator in
Immokalee per se. And that's all I've got to say about that.
What are you making a face for, Sean? Did you have a question
for me?
MR. CALLAHAN: I did not. No, sir.
MR. AHERN: I have a question.
CHAIRMAN McDANIEL: Come to the microphone, please.
MR. AHERN: You mentioned --
CHAIRMAN McDANIEL: Wait till you get to the mic.
MR. AHERN: George Ahern, board member of the accelerator.
I guess you mentioned that you were not in favor of funding it
past this year, but you are in favor of separating it, which means that
you are in favor of an accelerator of some sort. Is that what you're
saying? I don't quite understand what you said here.
You mean, if the schools take it over, is that what you're saying
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or some other entity takes it over? You're for entrepreneurship?
You're for having an accelerator, right?
CHAIRMAN McDANIEL: Absolutely, but there's more than
one organization that does promote entrepreneurial education.
MR. AHERN: Right.
CHAIRMAN McDANIEL: Absolutely, I am in favor of support
of this type of operation but not under its current administrative
processes.
MR. AHERN: You understand, though, an accelerator has
advanced companies. These are Stage 1 or Stage 2 companies.
These are not students. These are people who have a business. So,
therefore, they will be continuing their business. It's a little different.
I'm just trying to figure out whether you're for an accelerator -- for
example, if the -- let's say -- an example of FGCU taking it over, but
one accelerator, say, would you favor the county helping FGCU with
the funding for it, or not, if they asked?
CHAIRMAN McDANIEL: For and until the details of that
presentation -- until today I had not heard that FGCU had an interest
and support and with that process, but -- and you're asking
suppositions of me right now, sir, so...
MR. AHERN: Dr. Timur indicated that in a talk they were
considering that. I'm just bringing that up.
CHAIRMAN McDANIEL: Let me ask -- well, and, you know,
the goal here is -- I have the utmost respect for Dr. Timur and FGCU.
So without being argumentative with you, I can't answer your
question with regard to whether or not I would support the Naples
Accelerator's operations with the assistance of FGCU for and until I
know the details of such and for and until I know the details of the
program that FGCU, in fact, has, for and until I know whether or not
FGCU is interested in assisting with that funding.
So those questions cannot -- I can't really answer your question
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with regard to that until I know that answer.
You wanted me to go first.
MR. GRANT: I think that Dr. Timur said what FGCU is
prepared to do, and it's clearly a work in process.
CHAIRMAN McDANIEL: Sure. And I caught her a little bit
off guard by asking particulars about the program. I mean, I'm very
much interested in hearing about the program and would like to.
Commissioner Fiala was first. Actually, as soon as I started
talking, everybody lit up, so Commissioner Fiala.
COMMISSIONER FIALA: Yes. I think parts of this program,
different parts, one of them has been really successful, and you think
about the salsa in Immokalee. And I think that the kitchen that
they've built in Immokalee and the things that they've done there
seem to -- I think that that could -- with the right leadership, that
could go on to encourage other businesses along that same line. I
would break that off from the other ones.
I don't see much progress as far as the accelerator goes on the
other end, but I do see the great progress I think, or at least
inspiration that they're giving the Immokaleeans and maybe the chefs
of the world that might come forward with this, but I don't think the
rest of the program has been very efficient. And we've been looking
for it. We've been wanting to see some progress or some benefit to
this.
I think initially we started it because we wanted to encourage
new business. I can't name one, and I'm trying. I can't name a
business that we've seen fledgling and coming in and growing its
wings. There's really nothing.
And you go over and visit, and it's just a place where people can
come and go, but we're giving them a place that's free, but I don't see
progress being made as far as entrepreneurship.
So the only one I really would have to underline with positives
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is the Immokalee Accelerator.
CHAIRMAN McDANIEL: Thank you.
MR. CALLAHAN: I would just counter back to that; that could
certainly be the direction of the Board would be to direct different
operations of the two individual accelerators as well.
I believe EII included in that white paper a list of participants
that have come throughout the life of the program. So I direct you to
that and their score card, if you'd like a better idea of how many folks
have actually utilized the Naples Accelerator.
But if that's the direction of the Board, we could certainly pursue
each of the entities individually.
COMMISSIONER FIALA: It's just one person's opinion.
MR. CALLAHAN: Sure.
COMMISSIONER FIALA: I see 800,000, and now $600,000 a
year. We just keep investing in no outcome, and I don't know that
the county has ever done anything like that. We've been pretty frugal
as far as wanting to invest in something and seeing some kind of
return, and we get no return.
So that's why I'm saying maybe take an important part that
possibly has a -- can give us some success and let the rest of them
die.
CHAIRMAN McDANIEL: And I would like to say, if I may,
Commissioner Fiala, it's certainly not a zero return, but the amount of
return has been lackluster, so there hasn't been a zero return.
I mean, there have been multiple people who have come here
before us who have started businesses in the accelerator and came
and spoke to us before. But it's a -- it's a little bit unfair to say it's a
zero return, but I agree with you.
COMMISSIONER FIALA: Well, salsa.
CHAIRMAN McDANIEL: Well -- now, Immokalee has only
been open a year. So -- and that's one of the reasons why I'd
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suggested a separation and a different type of operation with regard
to it.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I want to start off by thanking the EII board of directors --
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: -- and the volunteers that
have worked with EII. We have a stellar board, and we have people
on that board that are tremendous assets in this community. So I
don't want the record to reflect that there's any dissatisfaction or
anything with the efforts of the members of the board of directors of
EII and folks that may have volunteered to assist the board of
directors.
Secondly, I've been pretty clear from the very beginning, and
Mr. Grant certainly understands this, that I wanted to make sure that
EII was sufficiently funded this year, and that I didn't feel any legal
or moral obligations to fund EII going forward. Now, that's not a
reflection of my dissatisfaction with the efforts of the board of
directors. It's just that as a steward of the taxpayer dollars, I wasn't
completely convinced that the EII or the accelerator concept was
structured the way it should be.
And back on February 26th of this year when we brought this
issue back up, I even said that I didn't feel the obligation to fund
going forward.
I like what Mr. Grant said when he indicated that the EII board
was a startup as well as the accelerators, and that they should be
separated. And so I think that my goal today would be, I think, to
advise the EII board and the accelerators that they will continue to be
funded for the balance of this year; that there should be a takeover of
that facility by the county. County staff should take that over, relieve
the board members of what I know has been a tremendous burden.
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It's required a tremendous amount of effort.
Dick Grant and I have probably spent 30 hours together in the
last six months, and I know he's spent a whole lot more time than
that. I know the board members have.
MR. GRANT: My partners tell me that I'm working for the
county.
COMMISSIONER SAUNDERS: And you're not that well paid
by the county.
And I think that Mr. Ochs and our economic development staff
can continue to work with FGCU, see what they mean when they say
they want to give assistance, they want to support this. I know that
FGCU has been the beneficiary of a tremendous amount of charitable
giving from Collier County, and so -- and I know that FGCU wants to
have more of a footprint here in Collier County, and so maybe this is
an opportunity to provide a mechanism for that broader footprint here
in Collier County.
Regardless of what happens with the Naples Accelerator, if that
ultimately is shut down because we can't work something out with
FGCU, I agree that the Immokalee Accelerator needs more time to
mature, and I would support some continued funding for that in our
next budget cycle.
I also just want to say again to the manager I have had some
concerns about how we deal with economic development and the
costs that we have. I believe that we're spending somewhere north of
one-and-a-half million dollars on economic development. That's
600,000 for EII, and 100,000 for the Chamber, 100,000 for the
Southwest Florida group, and then of course, we have a fairly
substantial staff. And so I think the total staff is somewhere in that
ballpark, and we're in the budget cycle.
Now, I'm going to need to know how we're going to fully utilize
that staff and fully utilize the assets that we're putting to economic
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development and what the benefits will be.
So I agree with you -- just to sum up. I know I've rambled here.
I agree that separating these accelerators will make some sense
making sure that the Immokalee Accelerator continues. I believe that
we should turn this over to our staff, work with the EII board over the
next couple of months to unwind their involvement, get this burden
off of their shoulders, and then direct staff to work with FGCU folks
and see what we can come up with in the next couple of mo nths.
COMMISSIONER TAYLOR: Is that a motion?
CHAIRMAN McDANIEL: We have a -- we'll go to him for
making that motion after we hear the rest of us.
Commissioner Taylor.
MR. GRANT: Commissioner, could I make one statement?
CHAIRMAN McDANIEL: Sure.
MR. GRANT: I just asked to have put up on the screen here --
because I think it's important here, as was said, we may not have
achieved perfection, but I think if you look at the figures up on this
chart, they're not bad.
And I'll just focus on the job creation. As I said earlier, they are
not all full-time equivalents. I'm not prepared right now to tell you
which ones are full-time versus not, but 227 jobs created in what is
essentially a three-and-a-half to four-year history of the Naples
Accelerator and one year in Immokalee. I included in the white
paper figures for the well-established 20-plus-year-old University of
Central Florida accelerators. At their four-year point they had hit just
about as many jobs as we have created.
Now, they may have been full-time jobs, and ours aren't, but my
point is, it's not that bad. Not perfect, not everything anybody would
want. But these figures are there, and the Clerk is probably going to
question some of them because she hasn't seen all the data, and she's
right. But we believe we have the data. So I just wanted to make that
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point.
CHAIRMAN McDANIEL: I appreciate you making that point.
I would also like to say, you know, I have regularly said, similarly to
what Commissioner Saunders has said, the board of directors of EII is
above reproach. It certainly has no reflection on the time and the
efforts that the Board has put into this organization. I want to make
that statement very clear. My opinions as to what's, in fact,
transpired to date have no reflection on that board. I've said that
since I became a commissioner.
So, Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. Thank you very much.
And as far as the list of 227 companies/participants past, I do
really need to go over it, and I'll just put on the record right now. I
recognize some names that have been in business for a long time
prior to the accelerator, so I need to really research that. But be that
as it may, I wouldn't have brought that up except you brought it up,
Mr. Grant.
I would agree with -- look at the accelerator as a small business.
It usually takes about five years to figure out whether you're going to
stay in business or you're not. It doesn't mean you -- it doesn't mean
you don't grow, but you've kind of got a feeling. You know, two
years, you know, you're starving. After two years, it kind of moves
ahead, and in about five years you kind of make a decision whether
you're going to go forward.
So I think it's a wise decision right now to understand the
accelerator is a very important part of our community, especially if
FGCU is willing and able to come in. It has been -- as your
economic chair, I've had the opportunity to speak to Dr. Martin and
Dr. Timur on more than one occasion, and Dr. Martin refers to the
accelerator as an identity. It is an identity for this community. And
in order to facilitate FGCU coming here, and perhaps even being
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involved in a financial way with the accelerator, I think it's important
to maintain that identity.
So I would very much support the motion, because the other part
is who's going to manage it, and I do think that the county can do it
very well. I think you used the word "underutilized," and I like that a
lot, the underutilized economic development depart (sic) of our
government. I think they could come in and step in very easily on
this.
I do agree that Immokalee needs to be carved out and give it
some more time. I would like to see staff analyze that, what's going
on there. Frankly, I think that we need to start understanding that
people are not going to come to Immokalee. You have to go out and
knock on some doors and start selling what is there, because I think a
lot of people don't know that.
So I think there has to be that -- the old American, the salesman
with the suitcase, that goes to knock on doors. It has to happen.
CHAIRMAN McDANIEL: Are you suggesting that I get my
suitcase out again?
COMMISSIONER TAYLOR: I am, sir.
However, it's my understanding from our clerk that the budget
of $600,000 will not cover the end of the fiscal year for EII; that they
will run out of money.
And we also have the elephant in the room to discuss, which is
the liability issue. And I do not agree with the condition put forward
in this white paper that if EII goes away, that we assume, as a county,
as the taxpayers, their entire liability. I do not agree with that. So
that will be something that we need to address now, not necessarily
make a decision, but I think we need to direct the County Manager in
this process over the summer months what we feel about that. He
will operate according to the majority of this commission board, and
it's a sizable amount. And this needs to be discussed, if not now, by
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the County Manager during the summer.
But I think we need to address how short they are going to be --
EII is going to be in this budget, and so I'm looking to our Madam
Clerk to give us that information.
CLERK KINZEL: And at the current rate of spend on the
payroll, they will run out of your funds in about mid August. Now, if
there's staff reductions between now and then, it could carry a
reduced staff a certain period, but based on what they're tracking
right now, your budget that was to go through September 30th, will
run out mid August.
They're running about a thousand-plus per pay period more than
they had originally budgeted, so...
COMMISSIONER TAYLOR: And I think as we understand the
wind-down, there is a credit card. You know, we don't need to keep
adding cost to that credit card. That's another issue that we have to
address and give direction right now.
So I think, you know -- and I think Commissioner Solis has yet
to speak, and then depending on what the motion is, I think we need
to address the -- assuming a motion to move -- over the summer, EII
out of the accelerator and move Collier County into the accelerator,
understanding that the pay period will be September, the year; is that
correct? September is the year -- is the month, I'm sorry, end of
year?
CHAIRMAN McDANIEL: The end of September.
COMMISSIONER TAYLOR: End of September.
MR. OCHS: Thirty September is the end of your fiscal cycle.
COMMISSIONER TAYLOR: Okay. So we're talking six
weeks. So assuming that's the motion, then we need to -- and it
passes, then I think we need to take a second motion in terms of this
liability issue. Thank you.
CHAIRMAN McDANIEL: With that, Commissioner Solis.
April 23, 2019
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COMMISSIONER SOLIS: First and foremost, I was part of the
Opportunity Naples study, and if anybody hasn't read that, I would
recommend that you read it. It is very clear from that study that
economic diversity is essential to the long-term health of Collier
County. Not the next five years, maybe not the next 10 years, but the
long-term health of the county relies upon diversifying our economy.
This is a very important aspect of what we're here to do, in my
opinion.
Secondly, I agree with everything that Commissioner Saunders
has very eloquently said, and the only things I would add is there are
businesses in both accelerators. I think we have to be very careful the
message that we send to those businesses today, because if I'm a
business, and I have my business plan that runs through the end of the
year and suddenly I'm faced with having to relocate whatever it is, I
think we may be throwing the baby out with the bathwater just by
sending the wrong message and by sending the wrong message to
others that may be interested in starting a business in Collier County
through the accelerator.
Third, from an economic development standpoint, we have to be
very careful with the message that we send out in general to other
businesses that are interested potentially in relocating to Collier
County. Are we really committed to this if we continue this
discussion of whether or not this is a good idea and how we're going
about it?
Third (sic), I would just like to ask Commissioner Taylor, I
mean, if the county -- this was something that a former board created.
It was -- the idea of having a separate non-profit run it was something
that commissioners came up with, are you -- in terms of the liability,
are you suggesting that somebody other than the county -- I mean, are
you talking about -- there's nobody else other than the board
members, and if that's what you're suggesting, we will never have
April 23, 2019
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anybody volunteer for any board again, and I would never
recommend to anyone -- if they're volunteering their time and
somehow they're going to be saddled with liability because things
didn't work out the way, you know, we anticipated and we're wanting
to go in another direction, that is a catastrophic message, I think, to
send, just period, because it will have a chilling effect on anyone
volunteering for anything in Collier County, if that's what you're
saying, and maybe I'm misunderstanding.
COMMISSIONER TAYLOR: Well, I think we need a really
robust conversation about their liabilities and how they've been
incurred, and then I think we make a decision what we are going to
pay for -- not what I'm going to pay for or you're going to pay; what
the taxpayer is going to pay for.
COMMISSIONER SOLIS: I'm a taxpayer as well.
COMMISSIONER TAYLOR: But we make that decision, and
so I think we need to look at that and analyze what these liabilities
are, what the process was, and whether we agree. It's very clearly
documented.
COMMISSIONER SOLIS: And --
COMMISSIONER TAYLOR: But not necessarily, okay, not
necessarily to do anything, but I think we -- I think it deserves the
light of day here, and not at this time, sir.
COMMISSIONER SOLIS: I think that is a --
COMMISSIONER TAYLOR: I never would have brought it --
COMMISSIONER SOLIS: Unless what we're talking about is
some impropriety of some kind, which -- the members of this board
are, in my opinion, the pillars of our community, the pillars of the
business community not only in Collier County, not only in Florida,
but some of them worldwide. I mean, if we're -- if we're going to say
that somehow there was something inappropriate done that they
should be responsible for, we might as well just shut all of our
April 23, 2019
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advisory committees down, because I cannot imagine anyone would
ever want to get into that situation fortuitously.
That's all I have to say. Thank you. So I will support
Commissioner Saunders' motion.
COMMISSIONER SAUNDERS: I just want to comment on
something that Commissioner Solis has just said and something that
Commissioner Taylor had said.
CHAIRMAN McDANIEL: Do you want to let him go first, if I
may.
COMMISSIONER SAUNDERS: Just on this one issue.
I agree 100 percent with what you just said in terms of the issue
of liability, and by the mere virtue of the fact that we're talking about
it casts a negative light on that board. I mean, we should not be up
here talking about this, because there's no indication of any kind that
anything has been done improperly.
And so I want to send the message to the board members, if
there are expenses, credit cards, I don't care what it is, we're going to
cover it. You were a volunteer board, you worked a tremendous
number of hours for this county, and to send a message that we're
going to take a look at your, you know, liabilities and everything and
determine whether or not we're going to pay them is just the wrong
message to send.
So, Commissioner Solis, I appreciate you saying what you did,
and I just don't think we should even be having this conversation. I
agree that those board members are above reproach, and unless I'm
shown something to the contrary, I don't want to even have the
discussion any further.
COMMISSIONER TAYLOR: I'm not saying anyone has done
anything wrong. I'm saying it's the taxpayers' money, and we need to
discuss the liabilities in an open meeting, that's all, and how these
liabilities occurred. That's it. That simple. No one is -- no one is
April 23, 2019
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pointing and saying someone did something wrong.
CHAIRMAN McDANIEL: Very good.
COMMISSIONER TAYLOR: It never would have been
brought up except it's in the white paper that says, if you decide to get
rid of EII, we're not responsible for the liabilities that we incurred. I
mean, this is -- this is proper --
COMMISSIONER SOLIS: That relates to grants.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: Grants.
COMMISSIONER TAYLOR: No, no.
COMMISSIONER SOLIS: Yes. Grants related to the
construction of the Immokalee Accelerator, the equipment there.
Most of that was purchased through --
COMMISSIONER TAYLOR: Immokalee stays the same.
Immokalee stays the same.
COMMISSIONER SOLIS: But EII is not going to continue to
run Immokalee if it's not running the Naples Accelerator, unless I'm
misunderstanding.
COMMISSIONER TAYLOR: But that doesn't include the
grants from Immokalee.
MR. GRANT: Could I help a minute?
COMMISSIONER TAYLOR: Excuse me for a second. Excuse
me. This is -- this is involved not at all with Immokalee. This is with
the accelerator here. So I think we -- it deserves an airing, that's all.
CHAIRMAN McDANIEL: And we're -- I think we're okay
right now, Richard.
Commissioner Fiala.
COMMISSIONER FIALA: Yeah. Two quick messages.
Number one, we have and always have had one of the most
outstanding boards like Dick Grant, for instance, but everybody that's
been on that -- some people have passed through going on to other
April 23, 2019
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things, but that was the thing that gave us, you know, like the shot in
the arm. You couldn't get any better businesspeople than what we
had.
So I hope that wasn't in any way reflected or people feeling that
it was reflecting on the board of directors. It has nothing to do with
the board of directors. They have been great.
My question is, we had always understood that this project was
going to try and be self-sustaining. That's what we were working
toward. But here in No. 4, it says, to clarify, projects are not
self-sustaining and -- will not be self-sustaining entity in the contract
current year.
And I wondered when we decided they weren't going to be
self-sustaining, and is that just for one year, or is that for future? I
don't really quite understand all of that, please.
MR. OCHS: Yeah. Commissioner, let me see if I can help. In
the original concept paper and the pro forma when the prior board
previously authorized the accelerator program, there was a 10-year
pro forma that was developed that basically showed significant
investment of public funds in the early years and a diminishing
investment of public funds over time with more private income
supplanting that, but there was never a time in that pro forma where
there wasn't some local government support along with some
anticipated state and federal grant funding.
So, yes, they were never intended to be wholly self-sustaining,
but they were envisioned to create more private investment as they
developed and less local government investment.
CHAIRMAN McDANIEL: All right, Commissioner Saunders.
Sorry there.
COMMISSIONER SAUNDERS: Are you ready for a motion?
CHAIRMAN McDANIEL: I am ready for a motion.
COMMISSIONER SAUNDERS: Okay. The motion is that
April 23, 2019
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staff will work with the EII board to unwind the EII board
involvement with the accelerators over the next several months and
that staff will also work with FGCU to determine what type of
relationship we can develop with FGCU for the ongoing operations
of the accelerators, and I think that -- I think that covers it in terms of
the motion.
COMMISSIONER TAYLOR: And the -- and that we will
maintain their payment until the end of the --
COMMISSIONER SAUNDERS: Certainly, that payments will
continue. Now, I will tell you, just for future consideration, if we get
to a point in the middle of August and we're running short of funds to
continue the operations, I have no problem supporting a budget
amendment to get them through the fiscal year as we continue to
discuss what we're going to do in our next budget cycle. So I'll just
say that for the record.
But I think in terms of the motion, that the funding would
continue until it runs out this fiscal year, and if it runs out and we're
not finished with the continuing operations, then we would
entertain -- I would entertain a budget amendment. That doesn't have
to be part of the motion.
CHAIRMAN McDANIEL: And it's -- and whether or not we
make it a part of the motion or not, but I heard several people concur
with the thought processes of segregating Immokalee and having our
continued support of that along with the -- I don't want the CRA of
Immokalee to necessarily become the administrator of that
accelerator. I would like the county to do that with financial support
coming from the community through --
COMMISSIONER SAUNDERS: That's part of the motion, that
that consideration be explored with staff as well.
COMMISSIONER TAYLOR: I'll second that.
CHAIRMAN McDANIEL: All right. I'm not going to try to
April 23, 2019
Page 100
repeat that. It's a matter of record. You've got it. It's been moved
and seconded that we're going to do all 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. We'll be back at 1:11.
(A luncheon recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN McDANIEL: Good afternoon, everybody. Hey,
how you all doing?
COMMISSIONER TAYLOR: I haven't seen it so vacant for a
long time.
CHAIRMAN McDANIEL: Okay. Mr. County Manager.
Item #9A
RESOLUTION 2019-75: ADOPT A RESOLUTION APPROVING
AN AMENDMENT TO THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT PLAN – MOTION DIRECTING STAFF TO
DEVELOP A CAPITAL IMPROVEMENT PLAN EXTENDING
THE IMMOKALEE CRA 30-YEARS, AND APPROVE THE
CAPITAL IMPROVEMENT PLAN FOR THE BAYSHORE
GATEWAY TRIANGLE CRA FOR 11-YEARS – ADOPTED;
MOTION ENCOURAGING THE CONTINUED EXPLORATION
OF MOVING THE BAYSHORE GATEWAY CRA OFFICES TO
April 23, 2019
Page 101
GOVERNMENT COMPLEX – APPROVED (COMMISSIONER
FIALA DID NOT VOTE); UPDATE REGARDING 17-ACRE
PARCEL – MOTION TO HOLD ON TO PROPERTY UNTIL
AFTER CULTURAL ARTS ASSESSMENT HAS BEEN
COMPLETED – APPROVED
Item #14B1
RESOLUTION 2019-74: THE COMMUNITY
REDEVELOPMENT AGENCY BOARD (CRAB) ADOPT A
RESOLUTION RECOMMENDING TO THE BOARD OF
COUNTY COMMISSIONERS APPROVAL OF AN
AMENDMENT TO THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AREA PLAN – MOTION DIRECTING
STAFF TO DEVELOP A CAPITAL IMPROVEMENT PLAN
EXTENDING THE IMMOKALEE CRA 30-YEARS, AND
APPROVE THE CAPITAL IMPROVEMENT PLAN FOR THE
BAYSHORE GATEWAY TRIANGLE CRA FOR 11-YEARS –
ADOPTED; MOTION ENCOURAGING THE CONTINUED
EXPLORATION OF MOVING THE BAYSHORE GATEWAY
CRA OFFICES TO GOVERNMENT COMPLEX – APPROVED
(COMMISSIONER FIALA DID NOT VOTE); UPDATE
REGARDING 17-ACRE TRIANGLE PARCEL – MOTION TO
HOLD ON TO PROPERTY UNTIL AFTER CULTURAL ARTS
ASSESSMENT IS COMPLETED – APPROVED
MR. OCHS: Commissioners, we're now moving to a set of
companion items, those being Items 9A and 14B1. These are both
continued from both your March 26th and your April 9th BCC
meetings. It's a recommendation first that the Community
Redevelopment Agency board adopt a resolution recommending that
April 23, 2019
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the County Commission approve an amendment to the community
redevelopment area plan, and then subsequently, if the CRAB
approves that, then we would ask the Board of County
Commissioners to do the same.
So I will turn it over to Mr. Callahan to catch us up on where we
were when we last left our heros.
MR. CALLAHAN: Good afternoon, Commissioners. For the
record, Sean Callahan, executive director of Corporate Business
Operations.
So this item, as the County Manager has mentioned, we've seen
it twice at hearing, and we've seen it once at the workshop for a pretty
subsequent discussion.
At your last meeting, there was a question that it was continued
until the County Attorney could opine of whether or not the
Immokalee CRA could be extended without extending the Bayshore
CRA.
So the County Attorney issued the following opinion. I'll try to
summarize it, and he can correct me or add to it if they want. But the
entity of a CRA, actually, once established, continues until the local
government that created it terminates it. The time frame that we've
talked about where it would 30 years and what we would be
extending is actually the use of TIF, tax incremental financing, for
the projects that are contained in the redevelopment plan.
So in order to finance redevelopment projects using the TIF, we
must have this plan which can be amended any time that you see fit
per the statute, and when amended, the TIF can be extended for up to
30 years or any other period of time that you deem necessary, but it
can exist no more than 60 years in aggregate. So currently we're
working on a plan that was established in 2000 that runs through
2030.
So barring outside financing obligation -- and this is important.
April 23, 2019
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So barring debt that's been incurred by the CRA, the Board can cease
using TIF at any time for these projects within the CRA. And you
could do it in one and not the other. So Bayshore and not
Immokalee, Immokalee and not Bayshore if you so choose to. And if
you do choose a different duration of TIF for the Bayshore plan -- it
was developed on the premise that we were going to extend it for 30
years -- we may need to slightly amend what's in that plan.
So, again, as I said, the original CRA redevelopment plan that
we are updating right now was approved in 2000. It extends out, so
approximately 11 years remains.
So today what we need you as the Board to do is provide
direction on the duration of that TIF for the Bayshore/Gateway
Triangle, and then -- in the question of Immokalee, as we've
mentioned previously, we're going to be updating that plan in FY '20.
So perhaps what we should have done with the Bayshore plan we'll
do now and ask you what you would want that plan developed, what
term of TIF you would want it for the Immokalee plan when we do it
in FY '20.
But as it relates to the Bayshore plan now, which is that Section
5 update that we discussed, we've laid out a couple options and, of
course, these are customizable by your wishes, but Option 1 would to
be approve the Bayshore plan update as it's written and extend the
TIF duration for 30 years. You could approve the Bayshore
redevelopment plan update as it's written but direct staff to amend the
project list for another duration of TIF financing, including expiration
at the current 11 years. So we could operate with the new plan
update but with the assumption that we would amend it to only
include the 11 years of TIF that remained in the current term of the
CRA, or you could reject our plan update and continue with the
contents of that 2000 plan.
Now, a couple of items for consideration. As I mentioned
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before, if the CRA -- barring outside financing obligations, you as the
Board can end the TIF at any point in time. So even if you were to
extend it to the absolute maximum extent practical, for another 30
years, which is what we've developed the plan on, if you directed us
not to incur any further debt than the 4.3 million that's already
outstanding, once that's paid off, you could end the TIF at any point
in the time in the future.
So I'd throw that to your consideration, but we're looking for
your direction on the duration of that Bayshore plan. And if we need
to amend it, we will. And then we're asking for Board direction prior
to development of the Immokalee plan next year of how long you'd
like that TIF duration to be for so we could craft a plan that complies
with the Board's wishes.
So I'll stop there and see if there's any questions, then we have a
couple other topics that we might want to discuss.
CHAIRMAN McDANIEL: That's a good place to stop. I'm all
lit up here. I'm thinking there are questions, though, so don't go
away.
MR. CALLAHAN: I'm hanging out, sir.
CHAIRMAN McDANIEL: Okay. Commissioner Fiala.
COMMISSIONER FIALA: Yes. So as we're talking about this,
with the Bayshore plan, that and the Triangle seem to be very, very,
very different right now, because the Triangle has had no benefits
really; it hasn't been growing, it's not really -- you know, it's
floundering back and forth and so forth, but I think that, you know, a
lot of work needs to be done; a lot of those little side streets, really,
nothing has been done in that area, as we all well know. We're pretty
well aware of that.
But down in the Bayshore area, still, we need to replace all of
the streets, all of the -- but before you can replace the street, you have
to first put in the stormwater management system, which is not
April 23, 2019
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installed at all yet. Then you get your street, and of course, you're
going to have to put in your sidewalks, because it's about time. It's
never had any sidewalks there.
Then you need to have streetlights, because it doesn't have much
of any streetlights there either. Now, that's just o n the Bayshore area,
right.
And does it lop over to Thomasson? Some of it lops over to
Thomasson, right?
MR. CALLAHAN: Yes, ma'am.
COMMISSIONER FIALA: And, of course, they've had some
high-crime areas in there, too. Yes, they're trying to eliminate all of
that. Just when they started getting their footing then, of course, the
bottom dropped out of our economy, and nothing moved forward.
But there have been efforts made to see that happen.
But in the other -- the other area along U.S. 41 and Airport
Road -- not Airport Road, Donna. For goodness sake. Sorry.
CHAIRMAN McDANIEL: Forty-one.
COMMISSIONER FIALA: We really need to have that area
always improved and upgraded. I feel, personally, that the area has
long been overlooked. Whenever they're going to put in new stuff,
they don't put it in there, as you can see by what you've got in there,
especially in that area along U.S. 41 between that and Davis
Boulevard. So much improvement needs to be made, and I don't
know how it's ever going to be made in 11 years, to be perfectly
honest with you.
And I feel that it needs to have that option. And we can always
end it if it's doing fine. But right now, no attention has been given to
that at all, and I feel that we need to improve that area. I th ink it
could be at some point in time -- depending on what even happens
there. We don't even know if it's going to come alive because we
don't even know if they're actually going to take that CRA.
April 23, 2019
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And right now, of course, there's talk of wanting to improve the
area. But it's languished for an awfully long time, and nothing has
been done. The land hasn't even been cleaned up and made to look
nice and, yet, everybody's willing to throw it in and, you know,
they've done enough; they're not going to do anything more. And
that's -- you know, they need the help, too. We can always end it.
Say, for instance, you're into the 15 years, and you're beginning
to see the fruits of your labor, and it's beginning to come, and it's
going -- and beginning to produce dollars for that whole area, well,
you know, there's nothing wrong with that, because it's never
produced any dollars. It's only cost us money up to this point in time.
And I think that we need to -- as a board, we need to assist these
people in helping them with a leg up and a hand out, hand --
up-stretched hand, not handing out.
CHAIRMAN McDANIEL: Right.
COMMISSIONER FIALA: And so -- and I feel that we really
need to pay some attention to that. And in the end it's going to pay
for us because it's going to put money into our coffers as well.
CHAIRMAN McDANIEL: Agreed.
Commissioner Solis.
COMMISSIONER SOLIS: I just have a question. This says,
original CRA redevelopment plan was approved in 2000 to expend
funds for 30 -- TIF funds for 30 years. We have to expend it in 30
years, or we're going to collect it in 30 years? I just want to make
sure I understand it.
MR. KLATZKOW: No. The plan was structured for -- on the
assumption that you'd have 30 years. That doesn't mean you're going
to have 30 years. But when they structured the plan, the direction
was for 30 years.
COMMISSIONER SOLIS: That for 30 years we'd be collecting
the TIF for the CRA?
April 23, 2019
Page 107
MR. KLATZKOW: Yes. It's just a planning tool.
COMMISSIONER SOLIS: Okay. Okay. That's all I have.
CHAIRMAN McDANIEL: And in order to have the plan, you
have to delineate the projects to --
COMMISSIONER SOLIS: Right.
CHAIRMAN McDANIEL: -- to allow for the expenditure of
that TIF money on those projects. And if you don't have the plan,
you don't have the projects --
COMMISSIONER SOLIS: Right.
CHAIRMAN McDANIEL: -- and it's -- domino.
COMMISSIONER SOLIS: No, I get it. And I think -- you
know, obviously, there's a lot of work to be done in both CRAs, and
it needs to be. I'm not 100 percent clear as to why the things that
Commissioner Fiala was referring to haven't been done. I mean,
there is money in the Bayshore CRA, right?
MR. CALLAHAN: There is currently, but I would remind you
that in the middle of -- in the middle of the 19 years that it existed,
we did have a recession.
COMMISSIONER SOLIS: We had the recession, so it's less
than we thought.
MR. CALLAHAN: We did incur debt on properties that we
purchased, two of which are coming back for redevelopment right
now; that Gateway parcel and the 17 acres, which we'll discuss later
today. But those -- when we were in the recession, because the TIF
wasn't producing and generating funds, the majority of the CRA's
money went to debt service rather than these redevelopment projects
that were within the original plan.
COMMISSIONER SOLIS: Right. Okay. That's all I had.
Thank you.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. This is going to
April 23, 2019
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take a few minutes, so I apologize to the Board, but it's not 6 o'clock.
CHAIRMAN McDANIEL: Troy, will you put a timer on him.
COMMISSIONER SAUNDERS: First, I'm going to take the
contrary position, and this is not an attack on East Naples or any of
that. We all care about all of the county. This is a question in my
mind of proper bid -- dealing properly with our budgets and dealing
properly with taxpayer dollars.
So let me give you a couple numbers: The Bayshore CRA --
and correct me where I'm wrong, Mr. Manager -- consists of about
1,700 acres. If we extend this CRA for another 30 years and collect
about 180, $188 million, that comes out to $110,000 per acre. Now,
to me that's a fairly shocking number.
If you take a look at the Immokalee CRA, that's 18,000 acres,
and they're looking to collect 54 to 55 million, and it's $3,000 per
acre.
And so I'm absolutely convinced that we need to continue the
Immokalee CRA in terms of extending it for 30 years, and we can do
that based on the County Attorney's opinion, because that's an area
that, quite frankly, is going to need a tremendous amount of work.
And this $3,000 per acre over the next 30 years, to me, is not a huge
number for what needs to be done, but the $110,000 per acre in the
CRA for Bayshore, to me, if we approve that, we're not being good
stewards of taxpayer dollars.
The other thing that I want to point out -- and, Commissioner
Fiala, you said this at the last meeting. These people are paying for
it, so what's the rub? Well, in reality, they're not. The reality is that
you have a tax base. The tax base had $288 million in it in 2000
when the CRA Bayshore was formed. That tax base now has risen to
almost $800 million.
So what happens is the property owners in that 1,700 acres,
they're paying into our General Fund whatever the millage rate is
April 23, 2019
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times 288 million, and it's going to stay that way until the CRA
comes to an end.
So the -- and the increment above the $288 million, the currently
$788 million in tax base, as that increases, that increment stays in that
1,700 acres, and that's how you get to the $110,000 being spent per
acre in that CRA.
So what does that mean to everyone else in the county? What
that means to everyone else in the county, you, me, everybody else
that's not in the CRA, we're supplementing the people in the CRA
with the Clerk's operation, the Sheriff's operation, the courts, the
parks. Everything we do with our General Fund, we're depriving our
General Fund of that $188 million.
Now, I have no problem with this continuing for 11 years, and I
have no problem considering in five or six years extending it for
another five years, but I think it would be a disservice to the entire
county to say we're going to potentially spend $110,000 per acre over
the next 30 years, and we're going to deprive the General Fund of
revenue to fund all of those other county operations for that long
period of time. $188 million is just too much.
And so my position is, let's keep the CRA alive as it is for the
next 11 years. If we need to revisit and extend that for another five or
six years at that time, I have no problem with that, but I don't want to
send a message that we're looking to increase this or permit this to
continue for 30 years at those costs.
I also want to point out that our Planning Commission
recommended on a 4-0 vote to extend the Immokalee CRA for 30
years in terms of funding but not to extend the Bayshore CRA.
I also want to point out that I had received a phone call from a
businessperson who owns property in the CRA, has been involved
with the CRA, and that person's recommendation is don't extend this,
keep the 11 years, and let's see what happens in five or six years if we
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need to do that then.
So my position is extend the Immokalee CRA for the 30 years,
because they're going to need it, keep the Bayshore CRA at 11 years,
and let's see where we are in five or six years from now.
COMMISSIONER FIALA: Yeah. My turn is next anyway.
CHAIRMAN McDANIEL: You are. They're both reading the
little sign, so I have little to say right now. So it's Commissioner
Fiala.
COMMISSIONER FIALA: I could see it here, yes.
CHAIRMAN McDANIEL: I know.
COMMISSIONER FIALA: Number one -- and it's interesting.
I don't know where you get the figures, because in the Triangle, that
whole triangle area, you don't have any money. You have mostly
people that are very, very low income. I don't know where your
figures come from, but nothing has been improved. The streets need
to be redone. The sewers need to be redone.
Let's face it, they can't do one until they do the other. A lot of
money there that needs to be expended; same within the Bayshore
area. No improvements have been made. We don't have sidewalks.
We don't have streets that are up to date and current. No streetlights.
We have nothing.
And I don't know where you get the figures for the Triangle as
far as -- I don't know of anything that has any money value in it
whatsoever in that area. And so you're depriving these people from
trying to move ahead. We could always stop at some point in time.
Say, for instance, a windfall hits them, and all of a sudden they've got
money flowing in from someplace or another.
And oh, my goodness, like the City of Naples, for instance.
They've got all that money flowing in. That's great. And they can
just keep putting that money into it; whereas, they don't have any way
to get any money, especially in that triangle area.
April 23, 2019
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I don't know where they're supposed to be coming from. And
then we're going to deprive them giving them anything else. By the
time they just finish putting in all of the sewers and the streets and the
lighting, which they don't have either, and the sidewalks -- we haven't
even built anything yet.
I just think it's almost like you've spoken to one person who
probably has money invested. If you don't put any money into it, that
person will come out looking pretty good and will control everything
that goes on in that area, and I think that that is -- that's a windfall for
them but not for the rest of the area, and I think that that's wrong, just
wrong, and it absolutely is.
You say $800 million. I'm not quite sure as I drive up and down
the streets -- and I know the area pretty well. I'm not sure where
$800 million worth of property value is. I sure can't see it on the
street. Nothing here in the Triangle area is worth anything. It's all
very low income, all very low income.
Eventually they hope to come out of that, but not if you turn
your back on them. There's no reason why you can't approve this for
the 30 years, just like you're going to do with the other area, and then
if some windfall comes along, they fix their roads, they fix their
sewers, they fix their sidewalks, and they've put lighting in and so
forth, and everything is done and the area begins to grow in
population or whatever, well, you can always stop it. But to stop it,
cut it off, and then, oh, well, too bad. Oh, I guess I was wrong about
that after all. That's not good.
I don't see why you would pick out one rather than the other. I
just think that's awful.
COMMISSIONER SAUNDERS: Mr. Chairman, the numbers
that I used all came from Mr. Isackson as part of our budget process
showing a base valuation of $288 million in the year 2000 and a little
over -- about 713,000 in 2018.
April 23, 2019
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CHAIRMAN McDANIEL: 713 million.
COMMISSIONER SAUNDERS: I mean million. So that's
where the numbers come from. I'm not making anything up.
COMMISSIONER FIALA: I just would like to see what it
includes, because if you travel around in the Triangle, there's no
money there. And you know that yourself. You're not blind. And
you travel down Bayshore. Yes, they're beginning to feel some nice
impacts, but it's going to take years and years until they replace the
streets to the sidewalks, put in all the stormwater system, till they
replace all of these safety things that they need in that area, and i t's
going to cost everything, and they'll still not -- once you improve
that, you still don't see the change because that doesn't invite
businesses in.
I think that what you're doing is hampering that entire area and
in the end -- and if you got your way, and in the end they can thank
you for stunting their growth. You can always change it later on, but
you can't change it in the beginning when you decide we're not going
to help them; they've got 11 years, do it or too bad, and we need to be
there for them. We're there for everybody else. We need to be there
for them, too.
CHAIRMAN McDANIEL: Yes, ma'am.
Commissioner Taylor.
COMMISSIONER TAYLOR: You know, as commissioner of
the district, and also my district includes the City of Naples, I kind of
have my ear to the ground especially with this district because it was
so close to the City of Naples when I was running in 2014, 2013.
And I've just, sitting here, made a list of the changes that have
happened in this area since 2013. The Triangle's under contract. It's
a multimillion-dollar contract. It will -- it looks like it's going to --
the only thing that's been delaying it is the -- is the -- what is it?
The --
April 23, 2019
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MR. CASALANGUIDA: Tower relocation.
COMMISSIONER TAYLOR: The cell tower, which looks like
it's going to -- so it's going to close probably what, within -- I've been
told hopefully the end of the summer?
MR. CASALANGUIDA: Every time I put a date up I get shot.
It's in the comment period now with FAA. Assuming that gets
through by summertime, we should close in the fall.
COMMISSIONER TAYLOR: In the fall. Okay. So let's just
say for 2019. The former site of the Racetrac, which I got involved
in before I was elected, which has now been moved. They're
redeveloping the corner of Shadowlawn and U.S. 41. The former
site, which abuts residential, is now under contract for something that
I can't talk about.
The Naples Opera is in the area that is in the -- Linwood
Avenue, which is the Triangle area. It is a jewel. They are going to
expand.
There's a new storage place in the area of the Triangle, which
abuts 41. There's a new extended-care hotel, which is across the
street on 41, which looks at the Triangle. Mattamy Homes, how
many homes? 200, 250 brand-new development yet to come online.
This is all since I was elected.
The Botanical Gardens not only was existing, it is now
expanding. They have now brought FGCU in there. They are having
greenhouses. It is going to become -- it is become -- it has become
and will continue to become a world-renowned garden. They
received the honor of becoming that stature, I believe, just recently.
The renovation of East Naples Park has just begun. Pickleball
has spearheaded it. It is on its way to becoming a very different park.
There is a business that I'm very familiar with that has been in
the Triangle part, which is Alternative Labs. They're looking to
expand. They're not going out of the business. They are looking to
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expand.
There's luxury car storage right next door to them. Very quie t.
No one knows about it. I know about it.
The New Harborside Animal Clinic is expanding, again, in the
Triangle. They are leaving their place of business right now which is,
again, in the Triangle. But they are moving down the road. They are
staying within the district.
We have the new Porsche dealership across from 41, which is at
the corner of Airport and 41 (sic).
And, of course, we have the food truck park which, frankly, has
brought Collier County to this area.
COMMISSIONER FIALA: The what?
CHAIRMAN McDANIEL: Food truck.
COMMISSIONER TAYLOR: The food truck park. It has
brought Collier County to this area.
The City of Naples is pretty much built out. I mean, they're
doing what they can, but there'll be some changes, but nothing like
it's been in the past. And people have discovered that they can walk
for five minutes or 10 minutes across the bridge and be in this area,
this CRA area, and they are looking at properties.
I understand from some of the business owners there that they
are getting inquiries now about residential properties in the area. No
longer is it the poor cousin of East Naples. I think it's going to be the
leader because of all the new activity that is happening there. The
idea that we have to keep supporting it by extending a CRA for
another 30 years, I don't think -- I don't think it's there.
I think that we're all aware that with the demands of -- with the
new businesses opening there and with the demands of the people
who live there and who will continue to move there, I think the
requirements to upgrade the infrastructure will continue, and it will
not be ignored.
April 23, 2019
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The CRA, to its credit, in 2002, I believe it was, or 2000,
decided they would invest in the area, and they bought all these lands,
and they got rid of a lot of squalor, and that's helped it, but the
economy is what's pushing this area forward. And the economy will
stay strong, and the investment of people is a reality that's happening
today in the last five years. Most of what I spoke about, except the
Botanical Gardens and Alternative Labs, happened within the last
five years.
It's an area whose time has come, and I would agree with
Commissioner Saunders that we might want to take a look at this in
another five years, but to say right now we have to extend it for
another 30, I don't agree with.
And as far as Immokalee is concerned, I think that's where we
need to maintain it the way it is. There have been changes. There's a
lot more that can be done, and I think they do need our support.
So thank you.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yes. It sounds like maybe you
begrudge the fact that they're not getting -- having -- possibly
having -- we don't know that they will -- have any advancements at
all, because they've struggled with all this all of these many years and
haven't been able to get anyplace.
And the things that you named, that's a wonderful thing.
Botanical Garden doesn't produce any dollars for us, doesn't produce
anything for the county, but it gives people a place to go, something
to see, and that's a wonderful thing, and it's an asset to that area. But
it doesn't produce any dollars for us. Actually, it doesn't cost us
anything either. It's self-sufficient.
Same with -- same with the park. That's wonderful that the park
is there and that now we're going to have all of these pickleball
games and so forth. It doesn't produce any money for us. There's
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nothing there. It just gives a place on the map.
The area, as you well know, has rundown streets, it has
practically no sewers, it has no sidewalks, has no lighting, and -- but
you're talking as though it were a glamorous place. There is so much
work to be done. You can always stop it later on. If, in fact, in 15
years you find, oh, my goodness, it is doing okay -- although nobody
else has done that, like in the City of Naples where you live, they
haven't stopped their CRAs at all. But -- and that's fine and dandy.
But I'll tell you something, this area -- your thoughts today can
either make this area and, by the way, give us some dollars to go into
the budget -- right now that's -- that triangle, everything needs to be
repaired. Nothing is good because it needs to be revamped entirely.
I don't know how we'll ever, ever, ever have enough money to redo
that whole Triangle, because right now it's in desperate need of care.
Same with along Bayshore. There's a lot of stuff that needs to
be done. The whole Bayshore all the way down to the end it needs --
the street need to be repaired but, oh, by the way , we can't do that
first, because you have to put in the infrastructure. Once you've got
the infrastructure in, the streets come in. Oh, by the way, make sure
to put sidewalks in. There's so much work to be done. And for some
reason people who already have theirs don't want to do anything to
help us, and I think that that's a shame. I'll leave it at that.
CHAIRMAN McDANIEL: Well, I have a few thoughts,
Commissioner Fiala.
COMMISSIONER FIALA: Yes.
CHAIRMAN McDANIEL: I want it to be known that I have
not heard a person up here say that they have intentions of turning
their back on the folks of Bayshore at all. It's certainly not my intent
to turn my back.
COMMISSIONER FIALA: I know.
CHAIRMAN McDANIEL: Please.
April 23, 2019
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Number 2, Commissioner Saunders brought up an extremely
valid point that when the CRA was established the taxable value was
somewhere around 200 million and now it's 700 million. Now,
maybe that's not as evident to some of us, but facts are facts, and
that's a $500 million increase in taxable value.
COMMISSIONER FIALA: How do we get those figures so I
can see them? I've never been able to verify them.
CHAIRMAN McDANIEL: I'm assuming -- it was part of our
board package.
MR. OCHS: Commissioner, those are all figures that come
from your Property Appraiser.
CHAIRMAN McDANIEL: Correct.
MR. OCHS: He produces that tax roll every year with the --
CHAIRMAN McDANIEL: With the boundary of the CRA.
MR. OCHS: -- taxable boundary.
COMMISSIONER FIALA: And does it include the area
surrounding that or just exactly within the CRA?
MR. OCHS: Well, he does it countywide, but we can break it
down for geographical areas.
CHAIRMAN McDANIEL: And we have to do it for the TIF.
Tax incremental funding has a specific boundary of the CRA, and
when it was established, it was 200 million. And within that
boundary, it's now 700 million. So there's been a $500 million
increase since the establishment --
COMMISSIONER FIALA: You know what, you'd have to
show me that.
CHAIRMAN McDANIEL: I understand. And, please, I'm
asking you to accept that for today. But as the topic of discussion,
Commissioner Saunders -- or Commissioner Solis brought up a point,
and it's something that I've been having discussions for quite some
time, and, Sean, you mentioned it, and maybe t he answer to get there
April 23, 2019
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is -- because I have said regularly -- and I know there was a lot of
discussion around the $10 million worth of borrowings and property
acquisitions on the Triangle and Bayshore Drive, but the majority,
Commissioner Solis, of the TIF revenue that's been generated in the
Bayshore area has gone for --
COMMISSIONER TAYLOR: Debt service.
CHAIRMAN McDANIEL: -- debt service hence --
COMMISSIONER FIALA: What?
CHAIRMAN McDANIEL: Debt service to support the $10
million worth of debt. We still have four-some-odd million, and our
Finance Committee has been very adept in refinancing that debt
instrument and saving us money. But we sat right here in this room
during the workshop, and the Chairman Maurice -- Morris, Maurice?
COMMISSIONER TAYLOR: Maurice.
CHAIRMAN McDANIEL: -- Maurice suggested that we
contribute the 17 acres to the arts, which I don't necessarily think is a
bad idea, but when CRAs were created, the premise was to the name,
it's a Community Redevelopment Agency. And from a prioritization
standpoint, subsurface infrastructure, lighting, sidewalks, things
along those lines maybe should be more of a priority for CRAs than
acquisition of blighted properties.
Who would have thunk that we would have had the economic
circumstances that prevailed in 2007 and going forward? No one.
None of us, even with the longevity that we have, could have
perceived that -- the dire straits that we were in with regard to that
economic downturn.
Having said all that, I think that there's no harm in letting things
be for now with regard to the Bayshore CRA, the thought process --
and I'm getting a cramp while I'm talking, so forgive me if I lose
focus.
COMMISSIONER SAUNDERS: You might have to stand up.
April 23, 2019
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CHAIRMAN McDANIEL: One of the things that I would like
to have a discussion about, leave the CRA alone for now. I would
like to have a discussion about a recreation and a little more say -so
on a local level with regard to the TIF funding, and maybe that would
allow for longevity, local control.
Commissioner Saunders, you established a pretty cool
innovation zone, economic innovation zone in Golden Gate City with
a cap on the TIF revenues annually to be expended in that particular
area irrespective of the enhanced value of the property and the like.
So I think it would be prudent for us at this stage to give
direction to staff. I mean, we can't extend the life of the CRA in
Immokalee until we have a plan, correct?
MR. CALLAHAN: That's correct. What we would be seeking
as part of your motion is how long would you like us to write that
plan for.
CHAIRMAN McDANIEL: Right. So with regard to that, I'd
like to give direction to develop the plan on a 30 -year extension of
the CRA's life in Immokalee, leave the Bayshore CRA alone for now
with regard to its extension, accept this plan. I think we can do this,
can we not, or will that mess --
MR. OCHS: Yes, sir. You can accept it with the note that we
modify the capital program to correspond with the term of the TIF
that you set for the CRA.
CHAIRMAN McDANIEL: And then bring it back on -- and
maybe have more relevant convers --
COMMISSIONER FIALA: Let me ask him a question --
CHAIRMAN McDANIEL: Sure.
COMMISSIONER FIALA: -- from your question and his
question.
So we know that all of the streets need to be redone, and there is
no sewers and so forth, so you have to put all of that junk in there -- I
April 23, 2019
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mean, all of that stuff in there.
CHAIRMAN McDANIEL: Subsurface infrastructure.
COMMISSIONER FIALA: Okay. And then, of course, there's
very little sidewalk in there. That needs to be done. And then
streetlights need to be done. There's a lot of, a lot of work all along
Bayshore, all the way down to the very end, as well as in the
Triangle, and these are all things that just mount up, and that's not
something Mr. and Mrs. Taxpayer can actually afford to do, and the
CRA is there to try and get that job done. And I don't see why we --
well, unless I'm wrong, those things need to be done, right?
COMMISSIONER TAYLOR: No.
COMMISSIONER FIALA: Oh, we don't need to fix the
sewers?
CHAIRMAN McDANIEL: Well, we do.
COMMISSIONER TAYLOR: No. The area is on sewer and --
is not on septic. The area is on sewer. The only area that's on septic
is the area that is very, very south perpendicular to the Bayshore
Park. There's a --
CHAIRMAN McDANIEL: There is an area down there, right.
COMMISSIONER TAYLOR: An area down there. Everything
else is on sewer.
CHAIRMAN McDANIEL: And she's talking about stormwater,
I think. And this is in alignment, Commissioner Fiala and
Commissioner Taylor, with regard to the priorities of the CRA. If we
leave the CRA in Bayshore alone for a minute, the disposition of the
Triangle piece is going to occur that's in excess of $5 million, that
sale price. That will satisfy the debt that is currently existent on the
CRA.
COMMISSIONER FIALA: But what happens if it doesn't go
through?
CHAIRMAN McDANIEL: Someone else will buy it.
April 23, 2019
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COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: We are obligated for that debt no
matter which way we go. If this transaction doesn't go, then someone
else is going to buy that piece of property. That debt's going to be
satisfied. The CRA has to stay in existence irrespective just because
of that debt, but sending a message about the prioritization of tho se
necessities of life: Health, safety, and welfare, subsurface
infrastructures, sidewalks, lighting --
COMMISSIONER FIALA: All throughout the Triangle.
CHAIRMAN McDANIEL: -- all throughout the proper and
Bayshore proper.
COMMISSIONER FIALA: Right.
CHAIRMAN McDANIEL: You have to remember, I'm a Kelly
Road guy.
COMMISSIONER FIALA: Good.
CHAIRMAN McDANIEL: I remember back in the day I used
to keep my boat down there on Gulf Shore Drive -- Gulf Shore
Marina, forgive me.
COMMISSIONER FIALA: Us, too.
CHAIRMAN McDANIEL: Yes. Bobby and I were --
COMMISSIONER FIALA: Next door.
CHAIRMAN McDANIEL: Her son and I were partners --
daughter and I were partners on a boat back in those days.
So the reality is is -- not to get too far off subject. I would like
to put limitations on the borrowing capacity of CRAs. That may be
an avenue for us to limit purchasing going forward. I would be in
favor of instructing staff to engage for the plan redo of Immokalee so
that we have a capital projects plan out there for the expenditure of
those TIF funds on a 30-year basis. I would also -- and I would say
in that light that we would leave Bayshore alone for now and then
have a discussion in the future about realignment of the base for the
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CRA with regard to how we manage that TIF funding going forward,
and that's leaving the CRA alone, the Bayshore CRA alone as it is.
COMMISSIONER FIALA: In other words, not extending it?
CHAIRMAN McDANIEL: For now.
COMMISSIONER FIALA: What happens if they decide that --
if somehow the State decides that they're not going to extend any
CRAs anymore; then it's too late, right?
CHAIRMAN McDANIEL: If there is a -- if there is a
preemption, we'll be aware of it. It's not going to happen in this
session, number one; number two, and the thought process I want to
share with you is if we were to extend it today for 30 years and then
decide next year that we wanted to eliminate it, we would be on the
cross of taking away a 30-year extension for the replacement of
something that's more in line with what we're thinking needs to be.
COMMISSIONER FIALA: You know, we've always worked as
a team for each and every part of this county. We've worked for the
poor, we've worked for the healthy, we've worked for the rich, and
we've always tried to do everything, and for some reason people
begrudge trying to help Bayshore. Their own commissioner
begrudges that. We don't want to help them, you know; we want to
help everything else. That is just such a shame to see that.
CHAIRMAN McDANIEL: I would take exception to that --
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: -- because you've said that multiple
times. And I started this whole conversation off by assuring you that
I have no intention of turning my back on the folks at Bayshore. I
have no intention whatsoever. What --
COMMISSIONER FIALA: The Triangle, too.
CHAIRMAN McDANIEL: Well, the Triangle is a portion of
the Bayshore CRA, Commissioner Fiala.
COMMISSIONER FIALA: Yes.
April 23, 2019
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CHAIRMAN McDANIEL: And there is no argument that
starting the CRA -- and what year did it start, 2000?
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: The assessed valuations were
200 million. Now they're up to 700 million, not as much of it is
evidenced as, in fact, can be. But I have no intention of turning my
back.
My intention is assisting with the prioritization of how the CRA,
in fact, conducts business. There's no argument that the purchase of
that 17 acres on Bayshore Drive for $5 million displaced 21
flophouses and substandard --
COMMISSIONER FIALA: Twenty-seven.
CHAIRMAN McDANIEL: -- twenty-seven -- flophouses and
substandard housing; there's no argument there. But from a capital
standpoint, that's $5 million worth of debt that this CRA's been
paying for out of this TIF and has not been putting in subsurfa ce
infrastructure, stormwater, lighting, sidewalks, and the like. It's been
servicing the debt on that $5 million acquisition, period, the end, and
now we're going to turn around -- and we are. And I don't think it's a
bad idea to contribute that to the arts folks to do some sort of a --
some sort of an -- what was that?
COMMISSIONER TAYLOR: It's a -- some kind of, let's say,
arts center.
CHAIRMAN McDANIEL: Arts center, along those lines.
So with that, I just want to make -- for whoever's looking, I have
no intention of turning my back at all, whatsoever, and I'm not
suggesting that we do. I just want to send a message of a
re-prioritization of how we're conducting business as our CRAs. And
that includes the Immokalee CRA as well. I have no intention -- I
mean, you've heard me say regularly that I would rather the CRAs
not be in the business of buying land.
April 23, 2019
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So, with that, there's a whole bunch more lights since I started.
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I did this for 2018 to 2019,
but if there's a consensus here in our -- on our commission, I'd like
to -- what I found was, is the property values in the CRA Bayshore
area were rising at a rate greater than the City of Naples, which I
thought was fascinating.
And I did present that data earlier, late last year, and I'd like to
see if we could get an assessment of the property values in this area
and the rate -- the change from 2018 to 2019 or -- yeah, whatever
the -- I think it would almost be 2019 to 2020, the rate of change,
because the property values are going up in this area.
So I think the argument that it's, you know, our poor cousin that
we're ignoring is -- it flies in the face of the data.
But also, you know, I think it's very important to keep an eye on
all of these -- on all of our innovation zones. We have an industrial
innovation zone at 951 and Davis that we need to keep an eye on; is it
working, and to assess it. I agree that -- that to leave things as they
are, that we do that.
But I do want to assure you, Commissioner Fiala, because we
can't talk about it, that just because I live in the City of Naples doesn't
mean that I agreed with the extension of the CRA there. I didn't.
And I've spoken publicly my concern and my disagreement with it on
this body.
But when it was brought to this body, unanimously every
commissioner up here agreed to extend it, and that always troubled
me. So it's really easy to say the haves are criticizing the have nots,
but I think there are -- I think the have nots don't apply to this ar ea
anymore. And I'm certainly not one to criticize or to sit up there and
say I have what I have and no one else can have it.
I've worked hard in this area. It's my district. I was working
April 23, 2019
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hard in this area even before I was elected, and I will contin ue to
work for the benefit of this area.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: The only thing I have to say is I'm
sorry that you feel this way, Commissioner Fiala, because I, like I
think everybody else on the Commission, isn't -- has no interest in
turning their back; in fact, is very interested in this area redeveloping.
But I don't know what else to say other than that.
But just to move forward, I'll go ahead and make a motion that
we approve the plan leaving the Immokalee -- or extending, as it is,
extending the Immokalee CRA, right, as is proposed in the plan.
CHAIRMAN McDANIEL: Hold on one second. I don't think
we can extend Immokalee without giving staff direction to develop
the plan --
COMMISSIONER SOLIS: Right. Develop the plan -- I'm
sorry. Let me rephrase that. That we direct staff, number one, to
develop a plan to extend the Immokalee CRA.
CHAIRMAN McDANIEL: Thirty years.
COMMISSIONER SOLIS: That we approve the plan as
presented with the exception that we direct staff to change the --
MR. OCHS: Capital Improvement Program.
COMMISSIONER SOLIS: -- the Capital, right, Improvement
Plan from the extended 30 years to the remaining -- whatever's
remaining on it now, the 11 years with the understanding that, as
been presented, we can always come back in a number of years,
whatever number of years it is, and extend it.
If the legislature chooses to take action on CRAs, then we will
know that in advance, and we could take appropriate action if we
need to do an extension at that time.
COMMISSIONER SAUNDERS: I will second the motion.
And just for clarification then, the Bayshore is going to stay at 11
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years; staff is going to make the amendments. The Immokalee CRA
will be extended for 30 years; staff will make the amendments and
come back to us on that. So I'll second that motion.
CHAIRMAN McDANIEL: And just for point of clarification,
my understanding was it's direct staff to develop a plan for -- capital
plan for Immokalee for the extension of that CRA upon the approval
of that plan for 30 years.
MR. OCHS: That's correct.
COMMISSIONER TAYLOR: Correct.
CHAIRMAN McDANIEL: And then leave -- and then adjust
the current capital program for Bayshore for the existent 11 years left
with the new plan that they've developed.
MR. OCHS: Correct. The redevelopment plan in front of you
for Bayshore will reflect an 11-year capital financing program.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we do that. Any further discussion?
MR. MILLER: Mr. Chairman, I have two registered speakers.
CHAIRMAN McDANIEL: Forgive me. It didn't show up on
my thing until just now. I'd like to have that at the beginning of this,
please.
MR. MILLER: Yes, sir. Patricia Young. She will be followed
by Alan. I'm having trouble reading your last name, sir.
MR. SCHANTZEN: Schantzen.
MR. MILLER: Schantzen.
MS. YOUNG: Thank you. Good afternoon.
I hear the disagreement or the mixed vibes, the confusion that
the various CRAs give off. So I'm here today to -- I support both the
Immokalee CRA and the Bayshore CRA, but I'm going to speak to
the Bayshore CRA, because that's what I'm most familiar with. I
don't live in the CRA. I live right next door in the Isles of Collier
Preserve, and we have kind of a different relationship with the CRA.
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We share -- physically, we're intertwined. We share Thomasson
Road. We may have other egresses out on -- directly onto Bayshore
and Bay Drive.
We have a street named Haiti Drive, which we've named after
the Haitian church on Bayshore Drive. We really embrace the
Bayshore area, and we've embraced the schools as well.
We happen to back up onto the Avalon school, and the Isles has
adopted the Avalon school. We dedicate time. We give money to
the school. We give good food to the children. We take the kids on
field trips. And we even had one of our residents who funded
supplies and built a quiet space in the school for kids who are having
behavioral issues in the classroom so they wouldn't have to be sent to
the principal.
So we're really very much involved in the CRA. We support the
businesses there, and we hope to see it grow, but we've also seen the
problems there.
And I am here from the Isles today to speak to that. I've
attended the CRA meetings for five years now, and I've seen -- the
board members and the county staff there spent -- they spend so
much time and money and effort on this. It's very, very impressive.
But I do think that because of the facade of Bayshore Drive, we
don't see a lot of what's behind it. It's almost like a movie set. We've
got this real attractive stuff in the front and you go behind and there's
nothing. But here you go behind, and there's extreme poverty.
And I think that the best way to measure that in this area is not
by taxable values but by the populations in the schools. There's two
schools there. There's Avalon; they have 93 percent economically
needy. And then there's Shadowlawn; 89 percent economically
needy.
And even the school staff at Avalon had an eyeopening
experience when they -- before school started this year, all the staff
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went around to every kid's home in the Bayshore area and delivered a
backpack, and that's when the teachers found out why they had a
problem getting rid of hair lice in the school, because in many of the
homes that they visited, the mattresses were infested with lice. The
streets were flooded.
So the improvement in the infrastructure is highly needed, and I
hope that you will continue to endorse this program for as long as
possible.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next speaker is Al Schantzen. He will be
followed by Maurice Gutierrez.
CHAIRMAN McDANIEL: Maurice.
MR. SCHANTZEN: Good afternoon, Commissioners. Al
Schantzen, resident of Canal Street.
CHAIRMAN McDANIEL: Go ahead. I was just moving
Maurice over to the other podium, Al. Sorry about that. I didn't
mean to interrupt you, sir.
MR. SCHANTZEN: I support the development plan and the
Immokalee plan, but I'm very concerned about the CRA just going to
the 11-year shot, because we started getting on the back side street
and the underbelly of this neighborhood, Kelly Road Bayshore, and
some positive things have been going on with moving some of the
problem areas out, and my concern is stopping that progress and not
having the focus of the local entity taking care of the problems that
go on in that area.
We're kind of like taking the punch bowl away when the party's
just getting started. And I understand it's because of the debt service
and previous considerations that were made in buying the properties
that became available and the values of the properties, the fluctuating
values and paying debt on properties that don't have that value
anymore.
April 23, 2019
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You say that the area's taxable value has gone up so much, but
that's mostly because in the speculation area. I have a lot across from
me at the peak went for 610-, and it just sold for 114-. So, I mean, it
fluctuates because people come in and think they're going to get in on
the game, and then they back out at the last minute and leave us with
the underbelly that's still there.
So if you've got to constrain and give them rules on how to
spend the money, how to be more conservative and go towards the
infrastructure, because we definitely, the side roads, have only seen a
token sample of what's going on and can be done, and the rest of us
all suffer with roads that are even programmed with the county --
they're not even programming it. But with the CRA, we can program
that in and take that burden on ourselves.
And so that's the reason why I'd like to see the long-term plan
go, so we can take on the infrastructure, stormwater, fire protection
and stuff like that in our own community, and fund it through the TIF
funds which, with proper guidance, would go to the right place
instead of servicing debt.
Thank you.
CHAIRMAN McDANIEL: Thank you, sir.
MR. MILLER: Your final speaker on this item is Maurice
Gutierrez.
MR. GUTIERREZ: Good afternoon, Commissioner.
CHAIRMAN McDANIEL: How'd you show up here? We just
mentioned your name a few minutes ago.
MR. GUTIERREZ: You know, timing is everything, sir.
CHAIRMAN McDANIEL: Isn't it not?
MR. GUTIERREZ: I just want to comment on the financial
impact that may or may not occur to the county because of the CRA.
The only two projects that we, quote, have ever invested in are the
two catalyst projects. Hopefully one's about to close, and the other
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one changed to benefit the community.
The individual infill lots that were purchased we didn't look to
make money on but, instead, eliminate what was known to be bad
elements. I know two of the commissioners were -- personally
witnessed some of those bad-element activities.
But, for instance, on Van Buren years ago, the Sheriff's Office
had two locations, known drug houses, where the officers actually
fell through the floor of the units and had to be hospitalized.
Now, we bought them at the peak of the market, and we scraped
them, but the Sheriff's Office data shows that crime has dropped
significantly because of our actions.
Those infill lots one day we'll sell after some court proceedings
are finished, but we haven't really invested monies that we can't get
returned on, as may be perceived by this master plan. We have
invested in the community so as to hope to change it for the better,
remove some of the substandard housing, which slumlords were
allowing those properties to be used for illegal activities.
We have purchased, at the direction of stormwater, properties
that we were later told by stormwater we could not use because they
weren't large enough. Those were sold to the abused women's
shelter.
But we've been really fiscally responsible. And I understand
when you say this master plan you're looking at dollars and cents but,
again, when you go to a restaurant, you don't eat everything on a
menu. You pick through it, and you attempt to satisfy your needs,
not just spend money for the sake of it.
If we don't renew we may lose an opportunity, because if we
have a downturn in the economy, which we've lived through, it's
going to impact us again.
Personally, I feel the direction of the CRA is positive, and in the
next 11 years we may achieve what we envisioned but, if anything
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happens and we can't, then we're kind of dropping the ball.
I'm hoping that with our annual workshops, you can control that,
contain it, and direct us, but I do not really see any major financial
purchases.
I'll end with this: The MSTU and the CRA has got a really
symbiotic relationship, and the county saved millions when we were
made aware that Thomasson was going to get paved, and we said,
wait a minute, we're, with our own tax dollars going to redo
Thomasson. Spend the money somewhere else.
So that type of awareness, I think, speaks for itself and for the
advisory board and our members, and please take that into
consideration.
CHAIRMAN McDANIEL: Thank you, sir.
MR. GUTIERREZ: Thank you.
CHAIRMAN McDANIEL: Appreciate it.
MR. MILLER: That was your final speaker, Mr. Chairman.
CHAIRMAN McDANIEL: Thank you, Troy.
And you do a really good job, by the way. I didn't mean to be
chastising for not knowing the --
COMMISSIONER TAYLOR: You did.
CHAIRMAN McDANIEL: Did I?
MR. MILLER: You're fine, sir.
CHAIRMAN McDANIEL: I had too much coffee.
So having said that, there's been a motion and a second. Is there
any further discussion?
COMMISSIONER FIALA: Say the motion again, please.
CHAIRMAN McDANIEL: Oh, you're going to make me repeat
that.
COMMISSIONER FIALA: Yeah.
COMMISSIONER SAUNDERS: The court reporter's --
CHAIRMAN McDANIEL: I can do it.
April 23, 2019
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COMMISSIONER SAUNDERS: I was going to say, she could
actually read it back and --
CHAIRMAN McDANIEL: Well, I think I can do it. I'll
endeavor.
The motion was to direct staff to develop the capital plan for
Immokalee on a premise of a 30-year extension of the Immokalee
CRA and to adopt the capital plan for Bayshore existent to -- or to
adopt the capital plan for Bayshore to coincide with its current
11-year existence. Somebody say yes.
COMMISSIONER TAYLOR: I think that's it.
CHAIRMAN McDANIEL: That's pretty much what I
remember it to be.
MR. OCHS: Call it a redevelopment plan update, for lack of a
better term. Part of it is a capital -- the capital component.
CHAIRMAN McDANIEL: Correct. I mean, it's all part of
that -- the plan that's been developed is -- the capital portion's going
to be to coincide with the 11-year term.
It's been moved and seconded, and no more lights. All in favor?
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed --
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: -- same sign, same sounds.
COMMISSIONER FIALA: Loud and clear.
CHAIRMAN McDANIEL: So moved; 4-1.
COMMISSIONER FIALA: I'm sorry that this is the only time
we've ever turned anybody down that's try ing to help their
community, but apparently that's the mode of the day.
MR. OCHS: Mr. Chairman, we have a couple more components
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of this presentation, if we could finish those, please. We need a
couple more directions from the Board.
CHAIRMAN McDANIEL: Yes, I'm still reeling for a minute,
but go ahead. I'm going to ask my colleagues, it's difficult sometimes
when you're in the minority -- and for those of you who are counting
noses around here, I'm regularly in the minority for a while -- to
maintain our personal positions after the vote's been done.
That was an unfair statement to make, especially for how I feel.
I know it's how you feel, but it's an unfair global statement to make.
COMMISSIONER FIALA: Well, I'll tell you, that's all I can
see.
CHAIRMAN McDANIEL: I understand.
So please, Sean.
MR. CALLAHAN: Commissioners, there were two other topics
that we were asked to bring up out of the workshop to seek board
direction on, one of which was the topic of CRA office space.
Currently, the CRA exists down on Bayshore. They're on a lease that
we're going to extend through the end of July currently, but we did
hear from some members of the Board at that workshop that we
should be looking to move those operations on campus.
So just to remind you of where we're at, on March 12th at your
meeting, we terminated a proposed lease for space at Pineland
Avenue, which is where the commercial space that the CRA office
was going to move to, because of noncompliance and
nondevelopment with the contractor that was building out that space
with us.
Current evaluation of the market, there are several different
commercial properties that we could potentially move the CRA office
space into. Per your direction, we've worked with facilities. We're
currently in the process of identifying possibilities for an on-campus
move. There's limited space available, but we have identified some
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space that could work, given your direction.
And then I would just point out that at their April advisory board
meeting, the advisory board did make a motion that they would
support locating the CRA offices off of government center campus;
that the long-term plan was to try and locate the office space for the
CRA on county-owned 17-acre site if that were to be developed -- for
that to be developed where it was a possibility.
So we are looking for Board direction on how we should
proceed, whether we should look for space off site into a commercial
property that we could move them or proceed with the move on
campus. So I don't know if the Board was so inclined to discuss that
and provide some direction. It would be helpful to us as staff.
Commissioner Taylor.
COMMISSIONER TAYLOR: I would support moving them
here for a couple of reasons: I think it would be easy to facilitate the
CRA monthly meetings in this room. I think it -- it could hold up to,
what, 200 people in here, 250. If it needed to be televised, it could
be. So I would support -- I think it's -- the CRA is -- I don't know
that this government building's in the CRA, but across the street is the
CRA, so it just makes great good sense. It's also a savings, I think. It
will be a savings in the long run.
So given that fiscal aspect I would support moving them here.
I'd like to make a motion that we encourage the continued exploration
of moving the CRA -- the Bayshore/Gateway CRA on campus.
CHAIRMAN McDANIEL: Second.
COMMISSIONER SOLIS: I just have one question. The
relocation to the campus, I mean, is there a contemplation that the
CRA would somehow pay rent or anything or -- no rent?
MR. OCHS: No rent.
COMMISSIONER SOLIS: Okay.
COMMISSIONER TAYLOR: No.
April 23, 2019
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COMMISSIONER SOLIS: Best-case scenario for the CRA, I
think.
CHAIRMAN McDANIEL: The best all the way around.
COMMISSIONER TAYLOR: That's even better.
CHAIRMAN McDANIEL: Yes.
So it's been moved and seconded that we continue the pursuit of
space on campus. Any other discussion?
COMMISSIONER FIALA: Yes. Where is their office going to
be?
MR. OCHS: Commissioner, we don't know that yet. We're
looking at a couple of options. One is moving some people around in
this building to try to accommodate the CRA staff in this
administrative building. That's probably the most probable option at
this point. And it may not happen, you know, overnight, but it will
happen over a period of months.
CHAIRMAN McDANIEL: Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: (No response.)
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed?
COMMISSIONER FIALA: No opinion.
CHAIRMAN McDANIEL: No vote.
MR. CALLAHAN: And then the last topic.
CHAIRMAN McDANIEL: Four with an abstention.
MR. OCHS: Yes, sir.
MR. CALLAHAN: Yes, sir.
The last topic that we wanted to discuss today was the future use
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of the 17-acre site. Just to bring you back, at the conclusion in June
2018, we terminated negotiations with Arno on a mixed development
site. The BCC directed the CRA to wait until after the
redevelopment plan update to further consider any options for use of
that property.
So just very briefly take you through the community survey that
we conducted at the end of last year. There are multiple parties who
are still interested in development. We're seeking dire ction on
moving forward now that that redevelopment plan has been adopted.
So just briefly the survey results: Over 800 responses from
folks in this community. If you see Question l and 2 right here, the
two biggest priorities, and then there's a jumpoff to the rest of it, and
the lower the better in this scoring system.
But where -- the culture center located on that 17 acres, and then
a connection to Sugden Park, which has been talked about for years.
Question 2 will give you a little bit of insight into what these folks
that responded to this survey consider a cultural center.
CHAIRMAN McDANIEL: Go back to that first one again,
because I was in a process of changing.
MR. CALLAHAN: This one?
CHAIRMAN McDANIEL: No, no, no. That one right there.
So, please, Question l, how many people were surveyed?
MR. CALLAHAN: There were over 800 responses.
CHAIRMAN McDANIEL: And these are the percentages of
those that responded?
MR. CALLAHAN: These are the mean averages for how
people ranked them one through --
CHAIRMAN McDANIEL: So 2.14 for the cultural arts, which
is what?
MR. CALLAHAN: So that means that that was the response
that the majority of people recommended as the highest.
April 23, 2019
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CHAIRMAN McDANIEL: That seems odd.
MR. CALLAHAN: Number 1's the highest. So if you said --
MR. OCHS: No.
CHAIRMAN McDANIEL: That's a nice thing to know,
because I'm over here looking at this and going --
MR. CALLAHAN: Commissioners, I'm sorry. If you said take
these seven priorities and rank them 1 through 7, that's the mean
average --
(Simultaneous speakers speaking.)
CHAIRMAN McDANIEL: Maybe you could do them in linear
line with the prioritized Number 1 being the cultural center.
MR. CALLAHAN: We could probably make this --
CHAIRMAN McDANIEL: That would help, Billy.
Next? All right. Now I'm ready. You can go to the next slide.
I'm sorry.
MR. CALLAHAN: And then I just did provide a little bit more
insight into the opinion of these folks that were in the CRA, whether
it was more important to achieve a certain vision and use to the
property or to achieve a price return, and you can see that vision and
use was ranked much higher in this one. You know, I can't speak to
why we designed the survey the way that we did, but the higher the
better. So the community actually ranked vision and use higher than
price.
And then how are you willing to allow the CRA to provide
funds and incentives to ensure preferred use, they had a couple of
different incentive options that are available to the CRA for
financing.
To summarize what came out of the survey where we asked
these folks what they want, some of the takeaways were park
connectivity. Obviously, you saw that connection to Sugden Park as
a very high priority, which include pathways, shared space and use,
April 23, 2019
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so open space, some type of boundary expansion to maybe
encompass Sugden Park into the CRA was another focus of folks that
responded to that survey; the arts performance theater; artist gallery,
artist space was something that came up.
Nonresidential housing; it was not a high priority to put housing
or anything on this site.
Parking, and then trail site connectivity. If you look at where
the 17 acres is located, it's that brown parcel right above Jeepers
Drive. Then you could see that -- with Sugden Park and East Naples
Community Park being very close as well as the Botanical Garden,
you could see some type of trail connectivity to all those spaces
developing in the future.
So just to give you an idea, the Florida Statute redevelopment
statutes, one section -- 163, Section 3, outlines ways that CRAs can
dispose of land that they own. CRAs are not required to achieve a
fair market price to dispose of land that they own should it be
beneficial to community redevelopment or community use. If the
Board were so inclined to accept an offer for proposal moving
forward, whether it be something that has been outlined already or
something new that becomes, there's an advertisement period that
comes in by which you have to consider any other offer that comes
in, but it does not have to be a competitive procurement process by
that.
So just to take you back to our workshop on April 2nd, the CRA
advisory board recommended reserving the property for a performing
arts center with CAPA and dedicating the remainder to green sp ace.
To provide you an update since then, we've had a couple of
different discussions with our Parks Department on how we may be
able to come up with some combination of turning that site into a
park for development, whether that be in kind of purchasing or
options on the land, but those ideas need a little bit of refinement to
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where we could reserve a space for a performing arts center for
CAPA to raise the funds, and the rest of it to become parks land,
helping to achieve that open-space concept.
We had the FGCU proposal that came before you back in I
believe it was one of your February hearings, and then we've got
multiple private companies that would be interested in a proposal.
So because we can't make formal motions during workshops, we
wanted to bring this back to you for formal direction now that the
redevelopment plan has been updated on how to proceed and what
would be the most appropriate way to proceed, whether it be working
to develop an idea as the advisory board outlined or going to a
competitive process. That's what we're looking for direction today.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: The proposal for reserving the
property for a performing arts center with CAPA, what does that
mean? Does that mean a donation of the property, or will they be
purchasing the property?
MR. OCHS: I think those options are all on the table. This
was -- Commissioner Saunders had had a conversation during the
workshop with Mr. Gutierrez and the rest of the board, and there was,
seemed like, some consensus to adopt the advisory board's
recommendations to limit the use of the property to a performing arts
center if they could demonstrate the financial wherewithal to raise the
funds to construct the proposed facility and to keep the rest of the
acreage there primarily open space with some connecting trails into
Sugden Regional Park.
But, again, because, as Sean said, you can't take formal action, if
that's still what you want to do, we just need to get that formal
direction or some other alternative before we can move forward.
COMMISSIONER TAYLOR: County Manager Ochs, I thought
that the CRA advisory board took that action the night of the
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workshop.
MR. OCHS: Yeah. It doesn't matter. I mean, they're just an
advisory board.
COMMISSIONER TAYLOR: In their meeting. I understood it
was at their meeting. I wasn't there, but I understood that's when
that --
MR. OCHS: Yes. I think that's what Sean is reflecting here.
CHAIRMAN McDANIEL: Maurice had said that, and then
they voted on it that night.
MR. OCHS: Yes.
CHAIRMAN McDANIEL: That's the recommendation from
the CRA board.
Commissioner Saunders. Excuse me, I'm sorry. Commissioner
Solis. I didn't mean to cut you off.
COMMISSIONER SOLIS: I'm just trying to follow up. And I
wasn't at the CRA workshop, unfortunately.
So -- and then the donation of the balance of the property to
parks and rec. There's debt on this property, right? There's debt
service?
MR. CALLAHAN: That's correct.
MR. OCHS: Yes. And Parks, you know, again, could either
potentially buy the land from the CRA or swap property that parks
has in single lots in the CRA and -- you know, dollar for dollar.
So if the Board's interested in learning more about the feasibility
of that, we could certainly bring that bac k to the Board, but there
would be some return on the CRA investment there at least.
COMMISSIONER TAYLOR: And what is -- what was --
because, again, I think you were there. Sean, what was the time
frame that we had for CAPA? Was a time frame discussed in terms
of not extending this for years? But was that discussed at all or --
you know, in terms of being able to raise the money. I'm surprised
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they haven't got money but, apparently, they haven't, given the Arno
project where they said they were going to raise money and then the
Arno project fell through. So where are we with that?
MR. CALLAHAN: We actually have a meeting set with CAPA
to discuss that tomorrow. At the CRA advisory board meeting they
did not give a firm timeline for raising that money.
CHAIRMAN McDANIEL: Commissioner --
COMMISSIONER TAYLOR: Go ahead.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I've forgotten how much was
paid for for that land. Do you --
MR. CALLAHAN: It was $5.3 million in total. So there's a
bigger parcel that comprises the majority of the 17 acres that was
paid 4.6 million for in 2008, and then there was another piece below
that sits below it above Jeepers that was purchased for about 750-.
So it was 5.3 total.
COMMISSIONER SAUNDERS: I think the Manager's
statement concerning the CRA and the joint meeting was accurate. I
don't have any issues at all with exploring having CAPA develop
some kind of a Performing Arts Center there and reserving the rest of
it for open space. But I agree with -- Commissioner Solis, I believe,
was indicating that we need to have some sort of a time frame so we
know what's going on. We can't just say go out raise some money
and come back whenever and tell us what you've got.
So if we go that route, I would suggest that we ask CAPA to
give us at least quarterly or at least every six months give us some
analysis of where they are so that at the end of the next 12 months we
can make a decision on whether to continue with that or not, but it
can't be just open ended.
COMMISSIONER TAYLOR: Maybe if the agreement is -- I'm
sorry. I'm sorry.
April 23, 2019
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CHAIRMAN McDANIEL: No, it's okay. We're just all
supposed to be hitting our lights.
Commissioner Solis.
COMMISSIONER SOLIS: Well -- and I've expressed this
concern before, is while I understand we did have a recession in the
middle of that, the 19 years that this has been in existence so far, it
seems to me that there is something about this aspect of what we're
trying to do with this property that doesn't work or else we would
have already developed it. I mean, we would have responses to the
RFP -- the multiple RFPs from developers that had developed this
kind of property.
So, I mean, I'm just -- I agree with Commissioner Saunders and
it's kind of back to where I was the first time we talked about this.
Something needs to happen, and it seems to me that in some respects
we're trying to fit a round in a round -- how does that work? A
square peg in a round hole.
CHAIRMAN McDANIEL: Either way it doesn't work.
COMMISSIONER SOLIS: It's late in the day.
And I'm just concerned about, you know, if we just keep waiting
for CAPA, where are we going with this thing? It doesn't seem to be
going anywhere. And I'd just like to see something happen.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: And I'll remind my colleagues
that there was an offer on the property for the entire property, and
there was space reserved on that property for a cultural arts center.
That came from Rebecca Maddox.
Now, the question is, we own the property. There's a legal
question about process, whether we need to go out for an RFP
because we own the property or whether we can accept offers. I don't
know. You know, I'm very -- we need legal guidance on that.
MR. KLATZKOW: You're always best off going out to the
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public on an RFP. You'll get better responses that way to make a
decision on.
COMMISSIONER TAYLOR: Okay. And I understand that the
discussion was for with -- I think with CAPA, I think the thought
was -- and, again, I wasn't there, but I think they're back to their large
performance hall which would rival Artis in terms of the amount of
space they need.
So I think we kind of have to not only talk to them about their
time frame about what their plans are in terms of the number of seats
they're planning, you know, the size of the facility they're thinking
building, because that will determine if this is the way we go. That
will determine how much land is left over in that. So that's all I have
to say on that.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Okay. Thank you,
Mr. Chairman.
To address Commissioner Solis' question concerning why hasn't
anything happened on this, I think we were trying to put way too
much development onto the site. Out of the 17 acres I think we have,
what, about 10 acres of uplands that's developable. And so we were
trying to get a performing arts facility on there along with some
residential and along with commercial development, and it just wasn't
enough space to do all of that.
And so it seems to me that we either go with a performing arts
facility and open space or we scratch the idea of a performing arts
center and go with some other type of mixed-use development. And
I think we were all kind of leaning towards going with the performing
arts.
COMMISSIONER SOLIS: Kind of my point.
COMMISSIONER SAUNDERS: By my understanding -- my
recollection is is that there was an entity that is doing some analysis
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to determine what are the real needs for arts facilities and services in
the county, that there was going to be some sort of an inventory taken
and an analysis done; is that correct?
MR. CALLAHAN: It was actually approved by the -- the
contract was approved by the TDC yesterday, and it will be coming
to you at, I believe, your May 14th meeting.
COMMISSIONER SAUNDERS: And what is the -- how long
is that process going to take?
MR. CALLAHAN: Six to nine months is what was outlined in
their proposals.
COMMISSIONER SAUNDERS: Okay. So I'm not so sure we
can make a rational decision on moving forward with a performing
arts facility until we know what the results are of that analysis, but in
the meantime we could direct CAPA to -- or ask CAPA to go ahead
and see what they can do to raise money and give them nine months
or a year to come back to us.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yes. It was my understanding that
CAPA kind of was told to stand down because another group was
coming in and wanted to build their center instead, and then j ust a
few month ago, maybe three, four months ago at the most, they
opened it up again and said, well, CAPA can -- is this correct,
Maurice? CAPA was now allowed to come in and actually bid on it
after all, but up until that point in time they were told t o stand down.
COMMISSIONER TAYLOR: Who told you that?
COMMISSIONER FIALA: Yeah. And so now they're coming
around, and they really want to be a part of this, but nobody's sure of
what's happening because there's another group that's also trying to
take the land for themselves, and then there's this group, the CAPA
group, who wants to build their performing arts center, and so I think
you have to have a conclusion as to what you're doing.
April 23, 2019
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CHAIRMAN McDANIEL: Agreed.
That's okay. Commissioner Taylor.
COMMISSIONER TAYLOR: No. I needed to ask
Commissioner Fiala, who told them to stand down?
COMMISSIONER FIALA: You'd have to ask them.
COMMISSIONER TAYLOR: Okay, okay. I know that they
had a PR person that decided not to work with them anymore, but I
don't -- knew that anybody actually told them not to stand down (sic).
So I'm very surprised. I will ask Mr. Draget.
CHAIRMAN McDANIEL: I have a thought: And that's -- I
mean, I expressed a concern two years ago when this board chose to
put the 17 acres up for sale and the multitude of stipulations that were
put upon the RFP or RFI or however it was. I expressed concerns
about that because of the limitations that it brought in with potential
purchasers and the utilization of the property to its highest a nd best
use. I expressed those concerns and, basically, it came to fruition,
Commissioner Solis, with regard to the capacity to dispose of it. We
ended up with two, and then we couldn't get there.
I would really think, because we're -- this is certainly a moving
target -- our CRA advisory board has made a recommendation to
negotiate with CAPA; I think we should.
Staff has had discussions with Parks and Rec in combinations of
a purchase, improved land, exchange, something else; I think we
should.
FGCU, we like FGCU. They've proposed a research center
there with some sort of a private development; I think we should.
And multiple private companies could potentially be interested
in a straight-up acquisition; I think we should.
And I think there's more information coming, Commissioner
Saunders. I'd forgotten about that arts study that was commissioned
and coming forward. We're not in a huge rush to dispose of this
April 23, 2019
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piece of property. I think we should explore all of these alternatives
and in the latter part of this year or early next, certainly, before our
next cycle, come to a term.
I think, Commissioner Solis, I agree with you that -- and,
Commissioner Fiala, you can't leave it open ended forever because it
goes on forever, but I think these are all viable opportunities for the
community that have a benefit for the community.
So my suggestion would be to explore all of these and then, at
an appropriate time after we come back from our summer break when
we know better when the art study's, in fact, going to be
consummated, further discussions with CAPA and/or other
performing arts companies may have expressed an interest, we can
start to solidify a time frame to bring this to a point and make a
decision.
How's that for a non-motion?
COMMISSIONER TAYLOR: So, in the words of the CRA
advisory board chairman who said when this was presented by
Ms. Maddox at the meeting with FGCU, we think this is a great idea,
continue to develop it, but we're open for all offers. Is that what
you're saying?
CHAIRMAN McDANIEL: Basically. I mean, I think all of
these things -- and if you would like me to formulate -- or form that
into a motion that we should explore all these things and bring it back
in September, October when we come back from our summer break
to see what new information has, in fact, arisen.
COMMISSIONER TAYLOR: I like the idea of a shorter time
frame than a year. I'm concerned about -- only because I -- you
know, whether it's true or not, a lot of people -- there are a lot of
people out there that are a lot wiser than I am in the financial world.
But it does appear that we have a downturn that's facing us. And so I
kind of like the idea of making some decision over this property
April 23, 2019
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before we're doing that.
CHAIRMAN McDANIEL: October? October is a nice time.
We're back from our summer break. We got through our budget.
We're moving into the November, December holiday season. But we
could at least get an update on it in October at our October meeting,
and then -- because we can't really -- you know, if CAPA were to
come to us, we don't know what type of facility that they're planning
on building there. We don't know what the ancillary revenue that's
transpired from a facility that potentially is larger than the Artis is,
what those revenues mean coming to the community. We really can't
make a prudent decision until we get more detail on that, I think,
personally.
COMMISSIONER TAYLOR: Right.
CHAIRMAN McDANIEL: So just have us explore all these
and review it in October?
Another cramp.
MR. OCHS: Question, sir? When you say "review all these and
come back in September," are you suggesting we try to put some kind
of RFP back out on the street to entertain any and all offers for use?
We've done that twice already now and haven't got much --
CHAIRMAN McDANIEL: We haven't done that twice. We
have done it at least once while I was here, and that RFP was not
"entertain any and all offers." It was any and all offers as long as you
met these particular circumstances. And so any and all offers means
any and all offers.
But I think -- I mean, all of these things, staff has had
discussions with Parks and Rec, so we should continue those and
solidify those. We've had discussions with FGCU, and we should
continue those and bring them to more -- to more of a point with
regard to specificity as to what FGCU wants to do.
And the County Attorney's already expressed, you know, the
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safest way to go is with an RFP. Allow it to be with no constraints.
Put the property up for sale.
COMMISSIONER FIALA: Let me just ask what you said. So
you were just talking about FGCU. What about the CRA?
CHAIRMAN McDANIEL: It, too. CRA's recommending
that --
COMMISSIONER FIALA: But you only mentioned FGCU, so
I --
CHAIRMAN McDANIEL: No, ma'am. I mentioned all four,
specifically. I did not mean to exclude the CRA's advisory board
exploration of the agreement with CAPA --
COMMISSIONER TAYLOR: So I --
CHAIRMAN McDANIEL: -- by no means.
COMMISSIONER TAYLOR: I'm sorry. So may I help? So
maybe what you're asking for is an overview of the potential uses of
this property, including the CRA advisory board's recommendation,
and the other issues which is the parks department or FGCU, and
then look at that and if we are still -- and by that time we're going to
have some information from our consultant, hopefully, and so then
we can go forward with deciding whether we want to go out for an
RFP or not?
COMMISSIONER SOLIS: When is the culture study going to
be done?
COMMISSIONER TAYLOR: So it's June to probably
December.
CHAIRMAN McDANIEL: Six to nine months.
MR. CALLAHAN: So it would be approved, likely, at your
next board meeting of May 14th.
CHAIRMAN McDANIEL: What?
MR. CALLAHAN: It will -- the contract will be awarded --
COMMISSIONER SOLIS: Oh, the contract.
April 23, 2019
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MR. CALLAHAN: -- May 14th. So they'll likely start the
process somewhat soon after that, so you're looking at early next
year.
MR. OCHS: It will be this time next year before you get the
final report.
COMMISSIONER SOLIS: This time next year.
MR. OCHS: That's my estimate, yes, sir.
COMMISSIONER SOLIS: You know, I'm just sitting here
thinking about that. Two possible scenarios are we need way more
and we need something bigger than we've ever even thought about,
and the other extreme is we've got too much and we really don't need
any of it.
COMMISSIONER SAUNDERS: We're somewhere in between.
COMMISSIONER SOLIS: It's somewhere in between, right,
but we don't know what that's going to be until we get the report.
Maybe we're just spinning our wheels. If -- our decisions should be
guided by what the study says. Maybe we're just spinning our wheels
here and shouldn't be making any decisions on any of it.
MR. OCHS: I mean, your safest bet is to just hold onto the
property until you have the data in front of you --
COMMISSIONER SOLIS: Yeah.
MR. OCHS: -- to decide otherwise.
COMMISSIONER SOLIS: Was there a motion -- is there a
motion pending? Because I'll make a motion for that. I would make
a motion that we just hold onto the property pending the completion
and acceptance of the culture arts --
MR. OCHS: Assessment.
COMMISSIONER SOLIS: -- assessment, because until we do
that, we really don't know what we need.
CHAIRMAN McDANIEL: And, certainly -- I'll second the
motion. And, again, I think I said it in th e early portion of my
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discussion, is we're not in a rush here. There's a really good chance
that the Triangle piece is going to close. If Mr. Casalanguida ever
gets that tower out of the way, it will close. He keeps blaming the
FAA like they have something to do with it, so...
MR. CASALANGUIDA: I'll take it down myself, sir.
MR. KLATZKOW: It's not taking it down. It's putting a new
one up.
CHAIRMAN McDANIEL: I think -- I mean, we're certainly
not -- we're not in a huge rush. I don't think there's anything that
would preclude us from considering any offer from FGCU or a
private company or anything along those lines as it goes along, but
we don't need to go out for an RFP either. So I'll second
Commissioner Solis' motion.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
MR. OCHS: Thank you, Commissioners.
COMMISSIONER TAYLOR: Clear as mud, right?
MR. OCHS: We've got it. Thank you. That was arduous, but
you got it all done. Thank you.
COMMISSIONER SAUNDERS: You got a reprieve for one
year. You don't have to even think about this.
MR. OCHS: Well, until the next unsolicited offer.
COMMISSIONER TAYLOR: Yeah. I was going to say, it says
April 23, 2019
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postscript. It doesn't mean that we're going to not look at offers that
might come in in the meantime. So, I mean, we're kind of where we
were when we started this conversation.
MR. OCHS: That's always the case. That's always the case. If
we get an offer on a property, we always bring it forward.
Mr. Chairman, I'm looking at your court reporter. It's about that
time.
COMMISSIONER TAYLOR: It's time for a break.
CHAIRMAN McDANIEL: All right. 2:53. We'll be back.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN McDANIEL: Okay.
Item #11B
ADVERTISE A PUBLIC HEARING TO CONSIDER THE
ADOPTION OF A NEW ORDINANCE TO BE CALLED THE
POLLUTION CONTROL AND PREVENTION ORDINANCE,
CONSOLIDATING, REPEALING AND REPLACING
ORDINANCE NO. 87-79, REGARDING THE
TRANSPORTATION AND DISPOSAL OF SLUDGE AND
REPEALING RESOLUTION NO. 88-311 REGARDING FEES
FOR SLUDGE TRANSPORTATION AND DISPOSAL PERMITS.
THIS PROPOSED ORDINANCE WILL BE IN ADDITION TO
ORDINANCE NO. 89-20, THE EXISTING COLLIER COUNTY
WATER POLLUTION CONTROL ORDINANCE - MOTION TO
CONTINUE THE ITEM TO THE MAY 14, 2019 BCC MEETING
AFTER OBTAINING ADDITIONAL INPUT – APPROVED
MR. OCHS: Commissioners, we move to Item 11B. This is a
recommendation to advertise for a future public hearing a new
April 23, 2019
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ordinance to be called the Pollution Control and Prevention
Ordinance. This ordinance repeals and replaces the previous
Ordinance No. 87-79. Ms. Dinette Kinaszczuk, from our pollution
control --
COMMISSIONER TAYLOR: Would you say that again, sir.
MR. OCHS: No. Kinaszczuk. Yes? Close?
MS. KINASZCZUK: Good.
MR. OCHS: I wrote it out phonetically so I could say it.
Anyhow, she's done a great deal of work, very good work on
this, and she's available to give you her PowerPoint presentation or to
respond to specific questions, at the pleasure of the Board.
COMMISSIONER SOLIS: That was a great lead-in, Manager
Ochs.
MR. OCHS: Thank you, sir. I have another.
COMMISSIONER SOLIS: Sorry. Late in the day.
CHAIRMAN McDANIEL: We haven't had -- it just opened
back up for Pollution Control.
I've read the -- seen the presentation, read the ordinances. I have
concerns with regard to the public outreach for the adaptation of this
ordinance as it currently sits.
I, myself, have reached out to four different -- four different
companies that manage solid waste disposal hauling and the like.
Not one of them had recollection of communication with regard to
that.
Did you reach out to the FOWA organization, the Florida
Association of Wastewater Association, with regard to this?
MS. KINASZCZUK: No. With regard to sludge hauler, we
reached out to every hauler that's licensed to work in Collier County.
CHAIRMAN McDANIEL: Correct.
MS. KINASZCZUK: We sent them an email with a copy of the
ordinance asking them to comment on it, and we also invited them to
April 23, 2019
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a meeting to discuss it.
CHAIRMAN McDANIEL: Would you be -- would you be -- I
don't want to say insulted, because I actually -- I spoke to one of
those people, and their correspondence with you, per you, was in
2017 with regard to this ordinance, and there's been an inordinate -- I
know there was a long time for you to get through the Planning
Commission with regard to Mark Stain's concerns with regard to the
constitutionality of access to people's property and so on and so forth.
I've read the current resolution, ordinance. And I know we're
just advertising this to be heard, but when we advertise it as such,
then it is as such and certainly can be adopted till then. But I would
certainly rather us have a more refined ordinance with more public
outreach.
I have concerns about the stormwater, the private stormwater
management systems that are in here and the potential exposure for
those the way this is currently -- the way this is currently written.
So it would be my suggestion that we continue this item until
you have -- you have reached out with specifics to the -- those
organizations again, including the FOWA, and get comments back on
that.
MS. KINASZCZUK: Okay. We can certainly do that, but I did
want to mention -- I wanted to get into the stormwater system a little
bit. I'm assuming you're talking about DSAC's comments.
CHAIRMAN McDANIEL: They weren't DSAC's comments.
They were my comments on what I read, and when I was reading --
when I was reading that ordinance -- when I was reading the
ordinance, this was a portion of where I had concerns, because now
we're asking for reviews from outside agencies, some of which aren't
even government agencies, to express opinions on reviews.
MR. OCHS: Commissioners, maybe it would be instructive to
go through the presentation here, if you don't mind. It's only a few
April 23, 2019
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slides, and it may clear up some --
CHAIRMAN McDANIEL: It's not going to clear up the fact
that the licensed individuals who I would like to have consulted with
with regard to this have some opportunity to have input on.
MR. OCHS: Yes, sir. I mean, they did have opportunity; they
chose not to -- apparently chose not to respond, but we could
certainly talk to them again. I don't know that it's going to change
our recommendations on enforcement, but --
MS. KINASZCZUK: Leo, one thing I do want to say about the
sludge licensing program, we're actually deregulating a bunch of it.
We're going to go from licensing, I want to say, 43 companies that
haul sludge down to 12 or 13. So right now we're kind of redundant
with the Health Department for people that haul septage. We're
licensing them, and the Health Department's licensing them. So
we're actually cutting that program significantly, and we're also no
longer charging them fees for the ones we are going to continue to
license them.
So I'm not quite sure what -- I'm not quite -- and we're -- the
way the ordinance is written is reflecting the way the program is
currently running. So, yes, we can definitely get their input, but I'm
not sure what they would possibly want changed.
CHAIRMAN McDANIEL: What I would like, Danette, and
this is just me -- well, I'll say his name. I mean, who's the largest --
who's the largest septic tank hauler of solid waste that you can think
of?
MS. KINASZCZUK: Well, I'm going to go with Jim Kraft, just
because he stopped in my office yesterday.
CHAIRMAN McDANIEL: That would be a guess. That's who
I reached out to. He's my friend. I asked him to review it. I asked
him to review the ordinance, and he had no recollection of this even,
in fact, going on.
April 23, 2019
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And then with communicating with you on Monday, you shared
with him that we sent you an email in 2017, to which you did not
respond. So you took that as a no response. And I'm not chiding
you. I'm just saying, there's a lot of things that are going on in the
outside world. There are other communications -- I had
communications with Monty's. I had communications with JC
Drainfield. I had communications with Matt Beebe. None of them
knew this was, in fact, transpiring, so -- and that association that they
are all members of would be, I think, a prudent thing for us to send
this to to get responses back as far as our regulatory procedures,
maybe even learn something from somebody else in the state with
regard to this. So that's what I'm suggesting.
MR. OCHS: May we?
CHAIRMAN McDANIEL: You guys are all lit up. I just
started. Nobody was -- you're first, Commissioner Taylor.
COMMISSIONER TAYLOR: A point of order. So we're --
this discussion today is to see if we want to advertise for a public
hearing to consider the adoption of this ordinance.
CHAIRMAN McDANIEL: Uh-huh.
COMMISSIONER TAYLOR: How many readings in this
public hearing?
MR. KLATZKOW: We typically have two readings.
COMMISSIONER TAYLOR: So we can make changes from
the first hearing to the second hearing; is that correct?
MR. KLATZKOW: Yeah. Really, the purpose of the two
hearings is so that you make your changes now, and then you bring it
back for what, presumably, is the final draft, really, which would be a
quick approval.
COMMISSIONER TAYLOR: Oh. So this is considered the
first hearing that we're in right now?
MR. KLATZKOW: Yes.
April 23, 2019
Page 156
COMMISSIONER TAYLOR: Okay.
MR. KLATZKOW: There's no point advertising an ordinance
that you guys are going to change later.
COMMISSIONER TAYLOR: I see.
CHAIRMAN McDANIEL: That was my concern. There is
some folks that have expressed concerns with this and --
COMMISSIONER TAYLOR: But it's -- what I'm
understanding -- and just bear with me on this one.
CHAIRMAN McDANIEL: Sure.
COMMISSIONER TAYLOR: And help me with this, please.
The specifically dealing with the sludge hauling operations, what is
being recommended by staff is no different than what they've been
operating under. There's no difference at all; is that correct?
MS. KINASZCZUK: Correct.
COMMISSIONER TAYLOR: So they're not -- we're not
changing anything for them.
MS. KINASZCZUK: I did want to say Happy belated Earth
Day, everyone.
COMMISSIONER TAYLOR: Just start off this conversation.
CHAIRMAN McDANIEL: Yes. She's been sitting back there
making faces at me all day long, so...
And I'm not -- again, if we continue this till our next meeting,
reach out to those groups that I've actually named here today, ask for
input, reach out to a few of the homeowners' associations that are
impacted by the stormwater management language changes that are
here. Personally -- and I don't know how you folks felt about this
when you read it. This is a discontinuance of an ordinance that was
created in 1984. Did anybody read that ordinance? No.
COMMISSIONER SAUNDERS: Back in 1984.
CHAIRMAN McDANIEL: And then it was amended -- yeah,
Burt. You read it once, didn't you, Commissioner Saunders?
April 23, 2019
Page 157
COMMISSIONER SAUNDERS: I remember it well. I think
may have even signed off for legal sufficiency.
MR. KLATZKOW: You might have wrote it.
CHAIRMAN McDANIEL: And then it was amended 1987.
COMMISSIONER SAUNDERS: As a matter of fact, I did. I'm
looking at the signature page right there.
CHAIRMAN McDANIEL: So it was hard for me. It was just
hard for me. We were eliminating an ordinance in '87 that was -- or
'84 that was amended in '87. There's no redline here as to what was
and what is now.
So I -- so I ended up reading the whole new one, and there were
expressed -- and I'm trying to to get to my notes. The main concerns
that I saw other than knowledge that the -- a portion of the folks that
are impacted by this ordinance weren't talked with, and then I read
some language in the stormwater management -- and I can get with
you off-line with regard to those concerns, Danette. I don't need to
belabor the point.
But I'm -- Commissioner Saunders, you're lit up. I've said my
piece.
COMMISSIONER SAUNDERS: Yeah, I wouldn't mind if we
could just have a five-minute presentation, because I'm sort of behind
the curve on this one.
MS. KINASZCZUK: Sure. I talk fast.
CHAIRMAN McDANIEL: I'm okay with the presentation.
MR. OCHS: Not too fast.
MS. KINASZCZUK: I'm just kidding. I'm sorry.
COMMISSIONER SOLIS: That was going to be my request,
because I would like to hear the presentation --
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SOLIS: -- and I'd like to hear the whole
thing, if it's relatively short.
April 23, 2019
Page 158
MS. KINASZCZUK: Sure. Yeah. I can do it in under eight
minutes. Do you have that much time?
CHAIRMAN McDANIEL: Troy, set the timer; eight minute or
less.
MR. OCHS: You've all seen this.
CHAIRMAN McDANIEL: Go.
MS. KINASZCZUK: Okay. So I'm sure after last summer
everybody is aware that we have some water-quality issues. The
picture that you guys see on the screen is red tide samples. The
higher -- the darker the color, the higher the concentration. And this
was record breaking. It was the highest concentration of red tide we
had ever seen when we did the sample last summer, until two weeks
after that we broke that record, and two weeks after that we broke
that record, and that's how it went all throughout 2018.
COMMISSIONER FIALA: When this was dated?
MS. KINASZCZUK: That was March of 2018.
But pollution, it doesn't start at the beaches. It starts upstream
where 33 percent of Collier County's water bodies are impaired. We
have three total maximum daily loads assigned to us by the state,
meaning there's a pollutant load we're not allowed to exceed in those
water bodies. For example, in the Gordon River extension, we have a
total maximum daily load for nitrogen, which means we have to limit
the amount of nitrogen that can get into Gordon River extension.
The next step after that is -- the next regulatory step is being
assigned a Basin Management Action Plan, which they're hard to
implement and they're expensive. Lee County spent 27 million over
the last few years to implement their three, and they're only one of
the stakeholders.
We're looking at -- we did a real quick analysis to see what we
would be looking at for BMAP, Basin Management Action Plan,
costs just in two of our watersheds, and we're looking at 85 and a half
April 23, 2019
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million. That was 23 for Lake Trafford, and 62-and-a-half million
for Gordon River extension.
There's also some legislation being considered that would
require advanced wastewater treatment for any wastewater treatment
plant that serves an area with a Basin Management Action Plan. I
don't know what it would cost for Collier County Water/Sewer
Districts four plants, but just to do Sanibel's single small plant, they're
looking at 19 -- I think 19-and-a-half million.
So we're in the middle of an assessment cycle right now, and we
could be facing additional impairments, total maximum daily loads,
Basin Management Action Plans, and where I'm going with this is
not even from an environmental perspective but just from a
regulatory and a financial perspective, we're at a point where we need
to take some action to improve our water quality.
So it has been challenging trying to implement -- or trying to
improve our water quality without a relevant ordinance. The
ordinance has to be updated because it's a requirement of our state
stormwater system permit. We have to have specific language in the
ordinance; that was an audit finding. And also, because the existing
ordinance, as you guys mentioned, is 30 years old and doesn't address
our current water-quality issues and, as we just talked about, 33
percent of our water bodies are impaired.
And, additionally, we don't have any enforcement authority. We
have gotten pretty far without it, but that only works if the customer's
willing to do the right thing, and there's some that aren't. For
example, we have a customer in the Pine Ridge Industrial Park that
discharges petroleum contaminate stormwater every time it rains.
The Taylor Road Canal is part of the county's stormwater
management system. We're responsible for the water quality in it so,
obviously, we can't allow those discharges to continue. And right
now, under our current ordinance, we don't have the authority to
April 23, 2019
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make them stop.
This picture is of the -- right where they're -- right -- just
downstream of where their stormwater discharges, and it's like this
any given day in the rainy season.
On a more positive note, we have -- two great things about the
proposed ordinance is the focus on pollution prevention and source
tracking. That will help us find the trouble areas, work with the
customers to put in some best-management practices instead of
coming behind them in and trying to get things cleaned up.
So there's nothing extravagant that's in the proposed ordinance.
Nobody's requiring DNA testing for pet waste or anything crazy like
that. This is just kind of getting us current.
Pollution Control is an education-based group. We always work
towards compliance assistance, not in a punitive mode. It doesn't do
us any good for somebody to change their behavior because we're
standing there watching them. We want to change their behavior for
a lifetime. So it's always pollution prevention and education.
So these are all the people that we reviewed this with. We have
our internal people, and then some external stakeholders as well.
And as you can see what we call the regulated community, that was
made up of private lift station operators and owners, waste -- the
smaller wastewater treatment plants, 76 sludge haulers, and then
some of them have multiple email addresses. So 43 sludge haulers,
and then CT -- our certificate to operate program that any businesses
that are in our well field protection program, so we -- that was what
we called the regulated community.
We also did the property owners association, the presidents and
property owners association, to try to get after all the individual
developments, and same thing, an email to them saying, hey, can you
take a look at our ordinance, let us know what you think, and then a
followup with a meeting request if they wanted to talk about it.
April 23, 2019
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So it was a pretty extensive review process, and we did get a lot
of feedback about the ordinance. DSAC unanimously approved the
ordinance with one requested addition. They wanted us to exempt
existing developments from having to implement structural
best-management practices. Obviously, we don't support the
grandfathering because existing pollution comes from existing
development.
There are a couple things to think about here. Number one is
Collier County has to meet the water-quality standards. So our
options are either treat all the water, all the stormwater -- so, you
know, I did a quick analysis of that, and say 1.1 billion gallons a day
during the rainy season is $5.3 billion per year to treat all the
stormwater. So I'm assuming that's not an option.
And so the other option is stop the source so it doesn't pollute
the county's stormwater management system.
So here's a scenario for stopping it at its source. Haldeman
Creek watershed is impaired for copper. We manage -- let's say after
years of testing we manage to determine it's Development X. So we
go to that development, and say, Haldeman Creek -- oh, I'm sorry.
We can determine which development -- we determine which
development is contributing the above allowed amount of copper, and
we go to them and say, hey, this water body that you discharge to is
impaired for copper. We know that copper impairments come from
putting copper-based algaecides in your pond, so we suggest you stop
doing that.
And if they refuse to do that, then at that point, you know, it's
kind of up to them to say, okay, we don't -- whatever you want to do
within your community is fine, but you can't discharge
copper-contaminated water to the county's stormwater system.
Whatever best-management practice you choose to do, whether it's
stop putting it in your pond or it's putting some sort of filtration
April 23, 2019
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system into your existing -- that's up to you. But the bottom line is,
you're the ones doing the polluting. You're the ones that need to be
accountable for it and not discharging polluted water into the county's
stormwater system.
You know, this isn't random. This is making the people that are
actually doing the polluting the ones that have to pay for it.
And also, the Planning Commission, we went there a couple
times, and sitting as the EAC, they also unanimously approved the
ordinance.
So we just wanted to show you guys a little bit about the
potential costs. Here's some potential costs for the remediation in the
event of a spill. As you can see, it's incident specific and depends on
the type of pollutant, the amount, and where it spills. So, you know,
digging up the dirt -- a little bit of dirt is a lot cheaper than putting in
some groundwater wells to test after you contaminate groundwater.
This is the cost of doing business. If you spill something on the
ground that can contaminate our surface water or groundwater, it
needs to be cleaned up.
And these pictures show what this ordinance is really all about.
This poor turtle swam through so much contaminated stormwater that
was discharge to a stormwater pond that the turtle is creating a sheen
as it swims along. This ordinance makes sure that it gets cleaned up
and requires best-management practices to make sure that it doesn't
happen again.
And then there's our recommendation. Did I make it in eight
minutes?
CHAIRMAN McDANIEL: I don't know. He didn't set the time
clock. I think you did a good job.
I know that I've gotten several comments that you were talking
too fast. You want to do it again?
MS. KINASZCZUK: I would love to.
April 23, 2019
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CHAIRMAN McDANIEL: I appreciate the presentation. I still
haven't come off of my thought processes with regard to a two-week
continuance to reach out to some of those parties that are affected.
Have you talked to the wastewater disposal -- wastewater/water
facilities of Immokalee with regard to this?
MS. KINASZCZUK: Yes, we have. I went and presented to
their board.
CHAIRMAN McDANIEL: Okay. So...
COMMISSIONER SOLIS: Just real quick, the property owners
association that you referenced, was that the Presidents Council?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SOLIS: Or was it individual ones?
MS. KINASZCZUK: It was an email to everybody that's in
the --
COMMISSIONER SOLIS: Presidents Council?
MS. KINASZCZUK: -- property -- yes.
COMMISSIONER SOLIS: Yeah, okay. It's an association of
all of the presidents of all of the associations.
MS. KINASZCZUK: Yes. That was the best way we could
figure to get after all the individual developments and make sure they
were aware of what was going on.
CHAIRMAN McDANIEL: And how long have you been
working on this ordinance review?
MS. KINASZCZUK: We have been working on it well over
two years. We came in, recognized the need. We're having some
problems getting some of our customers to clean up and make some
changes that they needed to change. So we wrote it and start the
review process, you know, went through some of the internal
reviews. And then after we had a pretty strong ordinance, we started
sending it through some external reviews, and at the same time
having every scenario weighed against it.
April 23, 2019
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So every new pollution complaint that would come in or
whatever our situation was, we would, okay, does this work? Do we
need to adjust something? And you know, it's funny, one of the
exemptions we made was for power washers, because we said, okay,
you can't put any pollutants on the ground. And, you know, people
power wash with bleach and soap, and so then we ended up
modifying that and exempting it saying, okay, that wash water could
end up going on the grass because, I mean, what are you going to do?
So we really -- I'm very comfortable with the way the ordinance
is written. I think it's fair, I think it's reasonable, and I think it will go
very, very far with what we need to do to help our water quality.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Obviously, the cost of being hit
with a basin management plan or more than one or whatever is not
something that we want to have to deal with.
My question is, I mean, is there a deadline in the next month that
would cause us not to want to slow this down at all or -- I mean, is
there -- is something imminent out there that's going to create that so
that putting this off to the next meeting would be a problem?
MS. KINASZCZUK: No. Basin Management Action Plans are
assigned at the discretion of DEP, so I can't tell you whether it would
be next month or --
COMMISSIONER SOLIS: I mean, it could happen tomorrow,
it could happen six months from now; we don't know?
MS. KINASZCZUK: Correct.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: He asked my question, so I'll make
a motion we continue it to our next meeting and that you reach out to
those organizations that I suggested.
COMMISSIONER SAUNDERS: I'll second that.
Mr. County Attorney, when this comes back at our next
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meeting, we would vote, then, to advertise this for a public hearing , it
would come back at our -- the question becomes, are we able to do
this before our summer break? Because you're going to have to
advertise for about 10 days or --
MR. KLATZKOW: Yes, we will get to this before your
summer break.
COMMISSIONER SAUNDERS: Okay.
CHAIRMAN McDANIEL: And I think that gets us to where
we want to go, and I certainly don't -- I hope you take no offense to
what I'm talking about. And I know you've been working diligent -- I
watched some of the trials and tribulations that you went through
during the Planning Commission when they were -- when you were
bringing this -- when you were bringing this ordinance forward, so --
and I -- let's have a motion before I say thank you.
It's been moved and seconded that we continue this to our next
stated communication. 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. Thank you.
COMMISSIONER SOLIS: Can I ask one quick question? I
can't remember where I heard this, but there was a recent update of
some scientific report relating to the causes of red tide, and I thought
I heard this on the news and that there was some, I think, federal
agency that's come out and made a statement that -- I was kind of
April 23, 2019
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surprised, but that it maybe isn't caused by runoff; that there are these
other issues.
MS. KINASZCZUK: There is. We can send it to you guys.
COMMISSIONER SOLIS: Please. Thank you.
CHAIRMAN McDANIEL: Well -- and if I'm not mistaken, I
don't know, there's been some discussion between my office and
yours with regard to that presentation we attended at IFAS back in
the spring and bringing in some scientists with regard to red tide and
the fact that it's actually a naturally occurring -- and how it's fed is
where the differentiations in its extremities come, so...
MR. OCHS: That presentation's coming up in May.
COMMISSIONER TAYLOR: In May.
CHAIRMAN McDANIEL: In May. Okay.
COMMISSIONER TAYLOR: And just for point of
clarification, do we have the time that these folks can speak?
Because I know we have the Miccosukee Tribe of Indians, and we
also have the Seminole Tribe presenting.
MR. OCHS: Yes, ma'am. We were just going to schedule them
together under presentations. It would be first thing.
COMMISSIONER TAYLOR: But do they have a time frame
that they can present so they know how long?
MR. OCHS: Well, we usually try to limit it to 10 minutes or 15
minutes on a presentation item.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Mr. Solis, I'm not a
conspiracy theorist at all, but the worst red tide that we have had in
anyone's memory occurred while the Mueller report was being
prepared. And is there a connection?
COMMISSIONER SOLIS: Just saying, right?
CHAIRMAN McDANIEL: He said it was during the Mueller
April 23, 2019
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report, while they were preparing the Mueller report was the worst
red tide we've ever had.
COMMISSIONER SAUNDERS: Just saying.
CHAIRMAN McDANIEL: Just saying.
COMMISSIONER TAYLOR: But it's true. It's accurate.
CHAIRMAN McDANIEL: I don't think I'm even allowed to
laugh at that, but that's funny.
MR. OCHS: Thanks, Danette.
MS. KINASZCZUK: Thank you.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Mr. Chairman, that takes us to Item 15, those are
staff and Commission communications.
I'll remind you that there's a June 4th BCC/county staff
workshop for your facilities master plan workshop. Sorry, the
power's gone off there.
The other item I have, Commissioners, is -- I don't know if
you-all received this, but I received the correspondence from
Congressman Rooney dated April 18th that is announcing on
May 7th that the congressman is hosting a roundtable at Florida Gulf
Coast University with federal and state agencies to discuss health
effects and measures to mitigate harmful algal blooms, and he is
inviting Collier County to join at the roundtable, and I didn't know if
the Commission wanted to designate somebody or if you're all
planning to attend, but -- and I don't know, Mr. Chairman, if you've
received this letter or any of the commissioners.
April 23, 2019
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CHAIRMAN McDANIEL: No bells are going off for me. Sue
takes care of so much stuff for me. What day did you say it was?
MR. OCHS: It's May the 7th, and I would be happy to draft a
response for your signature to the congressman if one or more of you
would like to join.
CHAIRMAN McDANIEL: What's the pleasure of the Board?
Do you want to designate someone to -- I think we should attend.
MR. OCHS: Yeah. You know, for what it's worth, I know
Commissioner Taylor serves with the FAC on the water-quality
committee. It seems like a logical assignment. Commissioner, I'm
not trying to give you extra work.
CHAIRMAN McDANIEL: She already volunteered.
COMMISSIONER TAYLOR: I'll be there.
CHAIRMAN McDANIEL: So I'd like to make a motion that
Commissioner Taylor be our representative there.
COMMISSIONER SAUNDERS: I'll second that. What time is
that meeting going to be, by the way?
MR. OCHS: They don't even indicate here, sir, but I'll find out.
CHAIRMAN McDANIEL: I mean, we may want to -- others of
us might like to attend and be in par ticipation, so we want to make
sure that we cover bases for more than one of us to be there.
MR. OCHS: Yeah. I think they were only reserving two seats
per county.
CHAIRMAN McDANIEL: At the table?
MR. OCHS: Yeah.
CHAIRMAN McDANIEL: So...
COMMISSIONER SOLIS: Sounds like rock, paper, scissors to
me.
MR. OCHS: All right. Well, thank you. I'll take care of that.
That's all the communication I had today, Mr. Chairman.
CHAIRMAN McDANIEL: County Attorney?
April 23, 2019
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MR. KLATZKOW: Nothing, sir.
CHAIRMAN McDANIEL: Madam Clerk?
CLERK KINZEL: Nothing, thank you.
CHAIRMAN McDANIEL: Absolutely.
CLERK KINZEL: It's a great day.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: I think I've probably said enough
today.
CHAIRMAN McDANIEL: How about Commissioner Fiala?
COMMISSIONER FIALA: Nothing.
CHAIRMAN McDANIEL: I -- my only comment is --
COMMISSIONER TAYLOR: Chairs.
CHAIRMAN McDANIEL: I'm sorry?
COMMISSIONER TAYLOR: Chairs, dais.
CHAIRMAN McDANIEL: Chairs, dais. Oh, I'm not allowed to
say that yet. You're going to.
COMMISSIONER TAYLOR: Oh, I am. Okay.
CHAIRMAN McDANIEL: I wanted to have a discussion with
regard to cell service. We had talked a while back with regard to cell
service and whether or not it needed to be enhanced with regard to
essential services to some sort of level there from our perspective,
and I want to deal with that sooner than later. So maybe if we can
move that up on the radar a little bit, that would make me feel better.
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Okay. A couple of things. First
of all, I forgot to mention this when we discussed the CRA, but there
are a number of unimproved lots within the CRA district that concern
me because of the amount of understory that's on these lots. And if
we get into a drought, it's a tinderbox.
And we have fire suppression challenges throughout the CRA.
April 23, 2019
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It doesn't mean that there's not a Fire Department there. There is. It
doesn't mean they don't respond. But there are a number of hydrants
that aren't working, and I can be glad to present that to you. And that
is slowly but very clearly being improved as the City of Naples
comes in and widens the water pipes in this area so that there's
enough pressure for these hydrants.
Given that as it is, I'd like to see if there's any support for staff to
investigate the CRA -- and I brought it up in front of the CRA.
Perhaps going in and clearing out the understory at the cost of the
CRA initially, and then the property owners must maintain it. And
I'm very clear about the importance of this, because in the City of
Naples there is an unimproved area that will always remain that area.
It was the first time in the history of Collier County that people
decided to buy property with their tax money and leave it
unimproved, and that's the Naples Preserve. It's south of the mall.
And it is very clear from the developing and taking care of that
property that the understory must be maintained because it becomes a
fire hazard otherwise.
So as we move -- if we could just maybe see if staff would just
maybe explore this and even bring back some costs, not that we
would move in front, because it must go to the CRA advisory board,
but I think it needs to be assessed.
MR. OCHS: Well, just let me ask a legal question. I'm
assuming this is -- this is with permission of the property owner?
COMMISSIONER TAYLOR: I would -- again, this is all part
of the discussion. I don't know how we do this.
CHAIRMAN McDANIEL: It would have to be. We're not
allowed to take public assets on private property. This is the same
thing as maintaining a private road, and we can't take public assets on
private property, one.
Two, then we've got a precedent with regard to clearing private
April 23, 2019
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property and then -- and there are other areas of our community that
have a lot of private property with an enormous amount of under
storage, and how do we move down that rabbit hole?
I would suggest just enhanced code enforcement -- code
enforcement efforts with regard to the criterion that's established for
the area as far as the under storage and the proper care of a vacant lot
and enhance the code enforcement activities first. Now, that's just
me. While you were talking, I was sitting there going, oh.
COMMISSIONER TAYLOR: I'm not talking about any other
area but the CRA, and I'm not talking about doing anything, but it's
been my observation and my concern, given the dynamics in this
area, that maybe we could look at it and explore it, not that we would
do anything, because it must go before the CRA advisory board.
CHAIRMAN McDANIEL: Let the CRA --
(Simultaneous speakers speaking.)
MR. KLATZKOW: The dynamics in that area is going to be the
dynamics throughout the entire county if the issue is fire. It's code
enforcement. We do have a litter ordinance within that.
If we want to revisit the litter ordinance, it could be something
we could do.
COMMISSIONER TAYLOR: Okay. And I'll bow to you, to
staff, you know, the direction, but it's not something that -- I know
our County Manager's going to say, well, if you get a majority on the
commission to agree to this, then we'll spend tax -- you know, staff
time to do it.
CHAIRMAN McDANIEL: I would almost rather us have a
look at the ordinances with regard to the requisite of a private
property owner's care of a vacant lot first, make the adjustments
there --
COMMISSIONER TAYLOR: That's fine.
CHAIRMAN McDANIEL: -- first, and then come back and
April 23, 2019
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give Code Enforcement an opportunity to manage those clearings. I
would rather us have a look at it that way as opposed to going out and
spending CRA dollars on clearing of private property.
MR. KLATZKOW: Well, no. If you're in violation of the
ordinance, the way it works, if you don't take care of it, the county
will go in, mow, and then bill you.
CHAIRMAN McDANIEL: We do it in --
MR. KLATZKOW: We do that all the time, and then there will
be a lien on the property. The issue is really, you may want to relook
at the ordinance. That's all.
MR. OCHS: Yeah. That's for overgrown grass. You guys are
talking about --
CHAIRMAN McDANIEL: She's talking about --
MR. OCHS: -- you know, vacant.
COMMISSIONER TAYLOR: I'm not talking about clearing --
I'm not talking about clear cutting. I'm talking about understory, and
I can tell you the Botanical Garden's got it down to a science, so they
can help you with it, because they helped us with the Naples
Preserve.
MR. OCHS: We'll look into it.
COMMISSIONER TAYLOR: Okay. All right. Second of all,
just so you know, I am the appointee for FAC to the water
committee, and we are supposed to be taking grass-roots information
and representing the area that we live in and represent to these
meetings, which is a statewide meeting of FAC with 37
commissioners.
One of the -- and thank you for appointing me to the Rooney
event, the roundtable. But one of the areas that I know that's
happening is is in Lake Okeechobee. And why Lake Okeechobee?
It's not your area, Penny. But, you know, Lake Okeechobee kind of,
through the Caloosahatchee, jumps into our water, and we know the
April 23, 2019
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history of it.
So next week -- or next week, or maybe it's in May, there's
going to be a meeting of all the counties surrounding Lake
Okeechobee, including the municipalities around the bay. And I
spoke to Commissioner Turner. The meeting is in a high school in
Clewiston. And he suggested, as I found -- I followed up, because he
sent us an email about it, that perhaps the Commission would like to
weigh in, and the weigh-in would be to allow science to drive the
decisions regarding the lake levels in Lake Okeechobee, because
there's a lot of push and pull about this.
And I know that from being in Tallahassee and listening to -- the
DEP had Noah Valenstein and also the governor. It's the whole tenor
of what they're doing with water is allowing science to drive the
decisions.
CHAIRMAN McDANIEL: A portion of that, a large portion of
that's being determined by the Corps of Engineers and the stability of
the levy on the south side.
COMMISSIONER TAYLOR: That's right.
CHAIRMAN McDANIEL: Which is then dictating the level of
discharge that is requisite based upon the good Lord's presentation of
rainwater into that basin. So I'm all about the science drive it, but
when someone at the Corps of Engineers says, don't put the level past
this because of the potential foreseeable failure of that levy for and
until that construction's completed, we're handcuffed, science or no
science.
COMMISSIONER TAYLOR: Well -- and I was putting
science, that the Corps, that's part of science, you know. It's like let
the data and let the science drive these decisions.
So if I write the letter as such, would you agree and would there
be a consensus on this Commission to allow me to represent the
Commission in Collier County in this issue?
April 23, 2019
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COMMISSIONER SAUNDERS: Sure.
CHAIRMAN McDANIEL: Have you been that far east before?
COMMISSIONER TAYLOR: Oh, I've gone out --
CHAIRMAN McDANIEL: Clewiston's a ways out there.
COMMISSIONER TAYLOR: I've been out in Lake
Okeechobee.
CHAIRMAN McDANIEL: I'm just messing with you.
COMMISSIONER TAYLOR: So if that's agreement --
agreeable, I'll do that. It's on May 7th.
Just a quick -- I would like to see if we could just get an update
on the Vanderbilt Beach Road extension construction, maybe at the
next meeting, or if you want to write something to us. It doesn't
have --
MR. CASALANGUIDA: Memo?
COMMISSIONER TAYLOR: Yeah, yeah.
And then one of the -- as economic chair, what I'd like to start
doing is bringing in, periodically, businesses established here just for
us, and maybe it would be under presentations, and it would be like a
10-minute presentation or whatever. I'm not talking about hours or
even an hour or even 30 minutes. But some of those businesses
would be Arthrex to get an update on what they're doing, Oakes Farm
and Alfie Oakes to come in and talk to us about what he's doing.
Maybe 360 Market and Rebecca Maddox and see what she's
planning. Another one is -- and I know they're not economic, but
they are, because they question me on it, is the Southwest Florida
Chapter of Hispanic Vote (sic), Mr. Lopez; I think you're speaking
before them.
COMMISSIONER SOLIS: Did last week.
COMMISSIONER TAYLOR: Did last week. You know, to
understand the Hispanics' challenge, because I was questioned
running about that from them from an economic side. And I just
April 23, 2019
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think it would be informative. We wouldn't make a motion on it, and
see if there's a consensus on my commission that this would be of
interest, and any suggestions you might have about businesses in the
Golden Gate area or your different districts.
CHAIRMAN McDANIEL: My only concern -- I like the
premise, but my only concern is unless we did it on a regular basis
and opened it up to anybody that wanted to come and speak to us
about the business, it could be proclaimed as an advertisement for an
independent business, not that any of those that you mentioned aren't
worthy, but I would just -- I would be concerned if we were picking
those independent businesses.
If we decide at our board meeting we want to have during
proclamations and presentations a 10-minute presentation from a
particular business, existent business in the area, that 10-minute slot
is up, and they apply through a procedural process, and then staff
goes through those and allows everyone that opportunity.
I would think that would be a path that we could travel. But for
us to be picking and choosing those who come and don't I would
have a concern with. I like the idea because -- and, again, the
Chamber has a very nice young lady now that is out with business
retention and solicitation. She's came and met with me, and I assume
with the rest of you as well. So they might be someone we could
reach out to to speak to.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I hadn't thought about what
you just said, but it makes some sense. You mentioned The 360
Market, which is a restaurant, and they have the food truck park
there, but then across the street is the Real Macaw restaurant. So,
you know, do you bring one in and not the other? So I think that may
create an issue.
COMMISSIONER TAYLOR: Yeah.
April 23, 2019
Page 176
COMMISSIONER SAUNDERS: So -- but another alternative,
and I'll just throw this out for consideration since it's still not
6 o'clock yet. What about having the Chamber come in from time to
time and give us an update on what the business climate is and --
COMMISSIONER TAYLOR: I like that idea.
COMMISSIONER SAUNDERS: -- just, you know -- not every
month, but maybe every quarter, every six months just to give us an
update on what's happening economically in the county and --
COMMISSIONER TAYLOR: I like that a lot.
COMMISSIONER SAUNDERS: Just a thought.
COMMISSIONER TAYLOR: Okay. I think that probably
makes a lot more sense, and I hadn't thought about this, but that does
put a lot of pressure on who are the winners and who are not.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: So, no, I think that's --
COMMISSIONER SAUNDERS: Okay.
COMMISSIONER TAYLOR: Is that a consensus? Yeah.
All right. And because our Chairman wussed out on this issue.
CHAIRMAN McDANIEL: I didn't. I'm not scared.
COMMISSIONER TAYLOR: Yes, you did. We'd like to
discuss the chairs and the status of what we're doing to replacing
(sic), and our chairman -- and I'm, again, responding to what you
said.
CHAIRMAN McDANIEL: Where's the bus? There was a bus
and a barn picture up there. Put it up there. She's throwing me
straight under the bus right now.
COMMISSIONER TAYLOR: The consideration of maybe
even a redesign of the dais. I'm going to leave that up to everyo ne.
More importantly, the chairs. Where are we with the chairs?
CHAIRMAN McDANIEL: We would like to know,
Commissioner Saunders, are these the same chairs you were sitting in
April 23, 2019
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when you were here?
COMMISSIONER TAYLOR: Yes, are they the same chairs
you were sitting in?
COMMISSIONER SAUNDERS: Yeah. I'm sitting here, when
you say "the chair," I'm trying to figure out, the chair of what? So
you're talking about the chairs that we sit in.
COMMISSIONER TAYLOR: The chair that squeaks every
time you go back in it. I can hear you.
COMMISSIONER SAUNDERS: I'm glad to hear that. I'm
going to stick with what my proposal was before, that we go down to
the second floor and get some new chairs.
MR. OCHS: There you go. The chairs are ordered.
MR. CASALANGUIDA: If you can agree on them.
CHAIRMAN McDANIEL: We're going to let MJ pick them.
COMMISSIONER TAYLOR: Well, they have been.
MR. OCHS: The chairs are ordered.
COMMISSIONER TAYLOR: It sounds like the check is in the
email. When are these chairs coming in?
MR. OCHS: Probably six weeks.
CHAIRMAN McDANIEL: Well, then, just so you know,
Commissioner Taylor and I were talking, because I've often suffered
from leg cramps up here, and I don't get them anywhere else other
than sitting in this chair. And so I blamed this. And then --
COMMISSIONER TAYLOR: Commissioner Solis.
CHAIRMAN McDANIEL: Don't laugh.
COMMISSIONER TAYLOR: No, he's laughing, because his
back.
COMMISSIONER SOLIS: Oh, yeah.
CHAIRMAN McDANIEL: And then the conversation went
around to a discussion about the entire dais, the technology that's
here, the speakers, the sound system, so on and so forth, and maybe
April 23, 2019
Page 178
we ought to -- maybe you ought to give that some consideration at
some stage as well.
COMMISSIONER TAYLOR: So he said it, not me.
CHAIRMAN McDANIEL: I said it, not her.
COMMISSIONER TAYLOR: Because they ignored me.
CHAIRMAN McDANIEL: But if the chairs are ordered, then
we'll be okay.
COMMISSIONER TAYLOR: I want you to know I've been
ignored now for two years.
MR. OCHS: You haven't been ignored, ma'am.
COMMISSIONER SAUNDERS: You should be used to it by
now.
COMMISSIONER SOLIS: I'll take a barstool.
COMMISSIONER TAYLOR: This is what we do up here.
CHAIRMAN McDANIEL: All right. Commissioner Saunders,
we're at the -- it's not 6 o'clock yet, so go.
COMMISSIONER SAUNDERS: I don't think I have anything
to add.
CHAIRMAN McDANIEL: Okay. With that, we are adjourned.
*****
**** Commissioner Solis 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 #16A10) ****
Item #16A1
AN AGREEMENT FOR REQUEST FOR QUALIFICATION (RFQ)
NO. 18-7482, “REAL ESTATE APPRAISAL AND CONSULTING
April 23, 2019
Page 179
SERVICES,” TO THE FOLLOWING EIGHT (8) FIRMS; WILCOX
APPRAISAL SERVICES INC., CARROLL & CARROLL
APPRAISERS & CONSULTANTS LLC., MAXWELL, HENDRY
& SIMMONS LLC., RKL APPRAISAL AND CONSULTING PLC.,
MPJ REAL ESTATE SERVICES INC., ANDERSON & CARR
INC., R&W ENTERPRISES INC., AND REAL ESTATE
ANALYSTS LLC – FOR SERVICES RELATING TO
CONSERVATION COLLIER ACQUISITIONS, RIGHT-OF-WAY
ACQUISITIONS FOR ROADWAY/STORM WATER/UTILITY
PROJECTS, REAL PROPERTY ASSET DISPOSITIONS AND
OTHER REAL ESTATE VALUATION ASSIGNMENTS
Item #16A2
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $34,040 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20160001004 FOR WORK ASSOCIATED WITH INSPIRA AT
LELY RESORT – WORK HAS BEEN INSPECTED AND THE
DEVELOPER HAS FULFILLED COMMITMENTS WITH
RESPECT TO THE SECURITY
Item #16A3
RECORDING THE MINOR FINAL PLAT OF LANDINGS AT
BEAR’S PAW LOT 10 REPLAT, APPLICATION NUMBER
PL20180001488
Item #16A4
FINAL ACCEPTANCE OF POTABLE WATER FACILITIES FOR
April 23, 2019
Page 180
GERMAIN HONDA, PL20180000456, ACCEPTING
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 $17,001.73 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT – FOR THE DEALERSHIP OFF LIVINGSTON AND
PINE RIDGE ROADS
Item #16A5
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR
STONECREEK PLAT TWO PHASES 2 AND 3, PL20170003174
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 – A FINAL
INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY
DEVELOPMENT REVIEW STAFF MARCH 18, 2019, IN
COORDINATION WITH PUBLIC UTILITIES AND THE
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A6
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF POTABLE WATER UTILITY FACILITIES FOR GROUP
PRESIDENT ELECTRONICS USA, PL20170000545 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
April 23, 2019
Page 181
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,920 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION
TO DISCOVER DEFECTS WAS CONDUCTED BY
DEVELOPMENT REVIEW STAFF MARCH 12, 2019, IN
COORDINATION WITH PUBLIC UTILITIES, AND THE
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A7
RESOLUTION 2019-64: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL
PLAT OF TWINEAGLES PHASE TWO B, APPLICATION
NUMBER AR-9287, AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A8
CHAIRMAN TO SIGN A COLLIER COUNTY LANDSCAPE
MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN
COLLIER COUNTY AND MATTAMY TAMPA/SARASOTA,
LLC, FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS
WITHIN THE BAYSHORE DRIVE AND PINE STREET PUBLIC
RIGHTS-OF-WAY – THERE IS NO COST TO THE COUNTY
ASSOCIATED WITH THIS PROPOSAL
Item #16A9
April 23, 2019
Page 182
A BUDGET AMENDMENT OF $60,000 TO MOVE FUNDS IN
STORMWATER CAPITAL FUND 325 FROM PROJECT
NUMBER 60139 TO PROJECT NUMBER 33606,
COCOHATCHEE AND PALM RIVER DREDGING – TO
FACILITATE THE REMOVAL OF BUILT-UP SILT IN A
PORTION OF THE COCOHATCHEE AND PALM RIVERS,
THEREBY RESTORING THE CONVEYANCE CAPACITY OF
DOWNSTREAM RECEIVING WATERS
Item #16A10 Commissioner Solis Abstained from Voting
(During Agenda Changes)
THE CHAIRMAN TO EXECUTE AMENDMENT NO. 3 TO
CONTRACT NO. 18-7245 WITH TAYLOR ENGINEERING, INC.,
TO INCLUDE ADDITIONAL TASKS FOR THE COLLIER
COUNTY COMPREHENSIVE WATERSHED IMPROVEMENT
PLAN – ELIGIBLE COSTS OF $1,455,504 WILL BE
REQUESTED FOR REIMBURSEMENT UNDER THE RESTORE
ACT DIRECT COMPONENT WITHIN THE GROWTH
MANAGEMENT GRANTS FUND (711) PROJECT NO. 33554
Item #16A11
RELEASING A PLANNED UNIT DEVELOPMENT (PUD)
COMMITMENT FOR AN EMERGENCY ACCESSWAY WITHIN
THE GREEN HERON PUD – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16A12
April 23, 2019
Page 183
THIS ITEM WAS CONTINUED FROM THE APRIL 9, 2019 BCC
MEETING. THE RELEASE OF A CODE ENFORCEMENT LIEN
WITH A VALUE OF $394,130.86 FOR PAYMENT OF $2,080.86
IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD
OF COUNTY COMMISSIONERS V. EDELMIRO AND
BERNADITA ROBLES, CODE ENFORCEMENT BOARD CASE
NO. CESD20100009519 RELATING TO PROPERTY LOCATED
AT 4015 16TH AVE SE, COLLIER COUNTY, FLORIDA – THE
PROPERTY WAS ACQUIRED BY A NEW OWNER WHO WAS
UNAWARE OF PAST CODE VIOLATIONS; THE PROPERTY
WAS BOUGHT INTO COMPLIANCE NOVEMBER 5, 2018
Item #16A13
THIS ITEM WAS CONTINUED FROM THE APRIL 9, 2019 BCC
MEETING. THE RELEASE OF TWO (2) CODE ENFORCEMENT
LIENS WITH A VALUE OF $338,616.50 FOR PAYMENT OF
$3,000 IN THE CODE ENFORCEMENT ACTIONS ENTITLED
BOARD OF COUNTY COMMISSIONERS V. RICHARD
L. GOSSARD, JR AND EVONNE M. ESTEP, CODE
ENFORCEMENT SPECIAL MAGISTRATE CASE NO.
CEPM2014024204 AND CASE NO. CEAU20160016271
RELATING TO PROPERTY LOCATED AT 5310 SHOLTZ ST,
COLLIER COUNTY, FLORIDA – THE PROPERTY WAS
ACQUIRED BY HOME & LAND PORTFOLIO, LLC, VIA TAX
DEED SALE RECORDED ON DECEMBER 12, 2018 AND WAS
BROUGHT INTO COMPLIANCE DECEMBER 21, 2018
Item #16A14
AN AGREEMENT WITH CENTURYLINK FOR RELOCATION
April 23, 2019
Page 184
OF THE EVERGLADES SWITCHING DEVICE LOCATED
WITHIN THE PROJECT LIMITS OF PROJECT NO. 60145
“DESIGN BUILD GOLDEN GATE BOULEVARD 4- LANE,
FROM WEST OF 20TH STREET EAST TO EAST OF
EVERGLADES BOULEVARD, INCLUDING DRAINAGE TO
THE FAKA UNION CANAL” IN THE AMOUNT OF $239,430.38
(PROJECT NO. 60145)
Item #16C1
AN AGREEMENT AND AUTHORIZING A BUDGET
AMENDMENT IN AN AMOUNT NOT TO EXCEED $12,000 TO
PROVIDE THE GOLDEN GATE ESTATES AREA CIVIC
ASSOCIATION, INC. FUNDING FROM THE GAC LAND TRUST
FOR THE PURCHASE OF TWO SIGNS TO WELCOME
RESIDENTS AND VISITORS TO GOLDEN GATE ESTATES –
PER STIPULATIONS IN THE 1983 AGREEMENT BETWEEN
AVATAR PROPERTIES, INC. AND COLLIER COUNTY
Item #16C2
A BUDGET AMENDMENT IN THE AMOUNT OF $120,000 TO
REALLOCATE PUBLIC UTILITIES DEPARTMENT
WASTEWATER PROJECT FUNDS TO EXECUTE PRIORITY
PROJECTS – TO REMAIN IN COMPLIANCE AND IMPROVE
THE RELIABILITY OF THE IQ WATER SYSTEM
Item #16C3
AN AGREEMENT FOR INVITATION TO BID NO. 19-7516,
“OVERHEAD DOORS AND GATES,” TO ATLAS DOOR &
April 23, 2019
Page 185
GATE, INC., FOR COUNTY-WIDE OVERHEAD DOOR AND
GATE PREVENTATIVE MAINTENANCE AND REPAIR
SERVICES – HISTORICAL ANNUAL EXPENDITURES ARE
APPROXIMATELY $100,000 PER YEAR, COUNTY-WIDE;
HOWEVER, FUTURE ANNUAL EXPENDITURES WILL BE
BASED ON COUNTY NEEDS AND AVAILABLE BUDGETS
Item #16C4
AGREEMENT FOR REQUEST FOR PROPOSAL #18-7467, “LOW
VOLTAGE AND SECURITY ACCESS INFRASTRUCTURE,” TO
JUICE TECHNOLOGIES, INC. D/B/A PLUG SMART FOR
COUNTY-WIDE LOW VOLTAGE AND SECURITY ACCESS
SERVICES – FOR AN INITIAL THREE (3) YEAR PERIOD
COMMENCING UPON THE DATE OF BOARD APPROVAL
WITH TWO ADDITIONAL ONE-YEAR RENEWAL OPTIONS
Item #16C5
AMENDMENT NO. 2 TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) CONTRACT NO.
GC919, TO AUTHORIZE FDEP TO REIMBURSE THE COUNTY
FOR EXPENDITURES RELATED TO REQUIRED TRAINING TO
APPROPRIATELY ADMINISTER THE INSPECTION AND
COMPLIANCE OF THE CONTRACT – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16C6
A CERTIFICATION OF FINANCIAL RESPONSIBILITY, AS
REQUIRED BY THE FLORIDA DEPARTMENT OF
April 23, 2019
Page 186
ENVIRONMENTAL PROTECTION, FOR THE RENEWAL OF
AN OPERATING PERMIT FOR THE DEEP INJECTION WELL
SYSTEM AT THE NORTH COUNTY REGIONAL WATER
TREATMENT PLANT – REGARDING THE PLANT AT 8005
VANDERBILT BEACH ROAD EXT, NAPLES, FL 34120
Item #16C7
AN AMENDMENT WITH SOUTH FLORIDA WATER
MANAGEMENT DISTRICT TO CONTINUE LEASING OFFICE
SPACE FOR TOURISM AND ECONOMIC DEVELOPMENT ON
HORSESHOE DRIVE NORTH
Item #16C8
THE SALE OF COUNTY-OWNED LOT 16, BLOCK 20, OF LELY
GOLF ESTATES, ST. ANDREWS EAST TO THE LELY GOLF
ESTATES HOME OWNERS ASSOCIATION (HOA) AT A PRICE
AT OR NEAR MARKET VALUE, BUT NOT LESS THAN $67,500
– AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16D1
RESOLUTION 2019-65: THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING
ASSISTANCE PLAN FOR FISCAL YEARS 2019-2020, 2020-
2021, AND 2021-2022, SIGN ASSOCIATED CERTIFICATIONS,
REAFFIRM THE INTERLOCAL AGREEMENT WITH THE CITY
OF NAPLES AND AUTHORIZE SUBMISSION TO THE
FLORIDA HOUSING FINANCE CORPORATION
April 23, 2019
Page 187
Item #16D2
ONE (1) SATISFACTION OF MORTGAGE FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE AMOUNT OF $2,500 – IN REGARDS TO PROPERTY AT
270 WOODPECKER ROAD, NAPLES, FLORIDA, 34108
Item #16D3
RESOLUTION 2019-66: AUTHORIZING THE EXPENDITURE
OF COUNTY FUNDS ASSOCIATED WITH THE SAFE AND
HEALTHY CHILDREN'S COALITION DUCK RACE
FUNDRAISER AND WATER SAFETY FESTIVAL SPONSORED
BY THE SAFE AND HEALTHY CHILDREN'S COALITION, A
PART OF THE NON-PROFIT NCH FOUNDATION, TO
INCLUDE COST FOR COUNTY LIFEGUARDS TO STAFF THE
EVENT AND AUTHORIZING THE WAIVER OF THE
ENTRANCE FEE TO SUN-N-FUN LAGOON TO ALL
PARTICIPANTS OF THE GREAT DUCK RACE OF NAPLES
AND WATER SAFETY FESTIVAL COMMUNITY FOR THREE
(3) CONSECUTIVE YEARS AND TO MAKE A FINDING THAT
THIS EXPENDITURE SUBSTANTIALLY SERVES A PUBLIC
PURPOSE
Item #16D4
ACCEPT AND EXECUTE A LIBRARY SERVICES AND
TECHNOLOGY ACT GRANT IN THE AMOUNT OF $2,875.12
AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT
– TO ADD SERVICES AND PROGRAMMING TO ENHANCE
BASIC LIFE SKILLS FOR YOUNG ADULTS
April 23, 2019
Page 188
Item #16D5
SUBMITTAL OF A REVISED 2018 FEDERAL TRANSIT
ADMINISTRATION (FTA) SECTION 5324 EMERGENCY
RELIEF GRANT APPLICATION IN THE AMOUNT OF $196,978
TO REPAIR DAMAGES TO COLLIER AREA TRANSIT (CAT)
VEHICLES AND FACILITIES AS A RESULT OF HURRICANE
IRMA, APPROVE THE ACCEPTANCE OF THE AWARD
THROUGH THE TRANSIT AWARD MANAGEMENT SYSTEM
(TRAMS), AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENT
Item #16D6
RESOLUTION 2019-67: AUTHORIZING AND PROVIDING FOR
THE SUBMITTAL OF THE FY19-20 SHIRLEY CONROY
RURAL CAPITAL EQUIPMENT SUPPORT GRANT IN THE
AMOUNT OF $79,118 TO THE FLORIDA COMMISSION FOR
TRANSPORTATION DISADVANTAGED FOR PROCUREMENT
OF ONE (1) FORD CUTAWAY TRANSIT VEHICLE
Item #16D7
SECOND AMENDMENT TO THE CRIMINAL JUSTICE,
MENTAL HEALTH AND SUBSTANCE ABUSE
REINVESTMENT GRANT AGREEMENT BETWEEN COLLIER
COUNTY AND THE DEPARTMENT OF CHILDREN AND
FAMILIES AND THE CORRESPONDING SUBRECIPIENT
AGREEMENTS BETWEEN COLLIER COUNTY AND DAVID
LAWRENCE MENTAL HEALTH CENTER, INC., COLLIER
April 23, 2019
Page 189
COUNTY SHERIFF’S OFFICE AND NAMI COLLIER COUNTY –
AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16D8
AWARD THREE (3) AGREEMENTS FOR REQUEST FOR
PROPOSAL (RFP) #18-7383, “MUSEUM EXHIBIT DESIGN,
FABRICATION AND INSTALLATION,” TO EXHIBIT
CONCEPTS, INC., EXPLUS, INC., AND RIGGS WARD, LLC. –
TO PROVIDE FOR CONTINUING DESIGN, FABRICATION
AND INSTALLATION OF EDUCATIONAL EXHIBITS FOR THE
PUBLIC AT THE COUNTY’S FIVE (5) HISTORICAL MUSEUMS
IN NAPLES, MARCO ISLAND, EVERGLADES CITY, AND
IMMOKALEE AS WELL AS ANY OTHER COUNTY DIVISION
THAT MAY NEED THESE SPECIALIZED SERVICES
Item #16D9
AUTHORIZE THE CHAIRMAN TO SIGN THE COST SHARE
AGREEMENT WITH THE PELICAN ISLE YACHT CLUB, INC.,
TO COMPLETE A MAINTENANCE DREDGE OF THE SHARED
CANAL IMMEDIATELY WEST OF COCOHATCHEE PARK
NOT TO EXCEED $45,000
Item #16D10
A BUDGET AMENDMENT RECOGNIZING LOCAL HOUSING
TRUST FUND REVENUE OF $142,052.48 RECEIVED AS A
RESULT OF THE SALE OF COUNTY-OWNED SURPLUS LAND
– IN REGARDS TO A 5-ACRE PARCEL ON MINGO DRIVE
April 23, 2019
Page 190
Item #16E1
ONE RECLASSIFICATION TO THE 2019 FISCAL YEAR PAY &
CLASSIFICATION PLAN MADE FROM JANUARY 1, 2019
THROUGH MARCH 31, 2019 – RECLASSIFYING A
PROCUREMENT SPECIALIST TO A PROCUREMENT
STRATEGIST WITH NO CHANGE TO THE PAY GRADE
Item #16E2
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
THROUGH THE EMERGENCY MANAGEMENT DIVISION,
AND FLORIDA SOUTHWESTERN STATE COLLEGE FOR
FACILITY USE DURING TIMES OF LOCAL EMERGENCY OR
DISASTER – TO UTILIZE CERTAIN AREAS OF THE CAMPUS
FOR STAGING AND POSSIBLE REFUGE FOR PUBLIC
SAFETY PERSONNEL AND RESOURCES AS DIRECTED BY
COLLIER EOC
Item #16E3
AUTHORIZE EXPENDITURES IN EXCESS OF $50,000 BUT
NOT TO EXCEED $100,000 PER FISCAL YEAR, TO REV RTC,
INC. D/B/A HALL-MARK RTC, AS A SOLE SOURCE VENDOR
FOR FLEET PARTS, REPAIRS AND SERVICES – TO
EFFICIENTLY MAINTAIN COUNTY VEHICLES AND
EQUIPMENT VIA AN APPROVED NETWORK OF VENDORS
AND DEALERSHIPS FOR PARTS, SUPPLIES AND SERVICES
Item #16E4
April 23, 2019
Page 191
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT – ACTIVITIES INCLUDE ON-LINE SALES IN
THE AMOUNT OF $3,001.01 FOR SURPLUS EQUIPMENT (NET
BOOK VALUE OF SOLD ITEMS WAS $6,669.84). THERE WAS
$3,200 TRADE-IN VALUE ON DISPOSED EQUIPMENT AND
NET BOOK VALUE OF DISPOSED ITEMS WAS $5,229.86
Item #16E5
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16F1
AUTHORIZE THE CHAIRMAN TO EXECUTE A SPONSORSHIP
AGREEMENT IN AN ANNUAL AMOUNT OF $440,035
BETWEEN COLLIER COUNTY AND MSNC, LLC D/B/A
FOOTBALL UNIVERSITY FOR 2019 AND 2020 FOOTBALL
UNIVERSITY NATIONAL CHAMPIONSHIPS AND MAKE A
FINDING THAT THE SPONSORSHIP EXPENDITURES
PROMOTE TOURISM – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16F2
April 23, 2019
Page 192
RESOLUTION 2019-68: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2018-19
ADOPTED BUDGET
Item #16F3
INVITATION TO BID (ITB) NO. 19-7533 FOR PURCHASE AND
DELIVERY OF PINE STRAW MULCH, TO SITEONE
LANDSCAPE SUPPLY AND AUTHORIZE STAFF TO ISSUE
STANDARD COUNTY PURCHASE ORDERS TO ACQUIRE
THE MULCH – FOR USE BY PELICAN BAY SERVICES
DIVISION WITH AN ESTIMATED ANNUAL EXPENDITURE
OF $80,000
Item #16F4
RESOLUTION 2019-69: RECOMMENDING THE PROPOSED
PROJECT PEAK AS A QUALIFIED APPLICANT TO FLORIDA'S
QUALIFIED TARGET INDUSTRY (QTI) TAX REFUND
PROGRAM, PROVIDING UP TO $80,000 OF LOCAL
FINANCIAL SUPPORT FOR AN EXPANSION OF THE
CORPORATE HEADQUARTERS AND MEDICAL DEVICE
MANUFACTURING PROJECT WHICH WILL CREATE 80 NEW
JOBS IN COLLIER COUNTY, FLORIDA
Item #16G1
AN AIRPORT AUTHORITY STANDARD FORM LEASE
AGREEMENT WITH CAREER AVIATION FLIGHT TRAINING
& AIRCRAFT RENTAL, HOLDING, LLC FOR OFFICE AND
April 23, 2019
Page 193
COUNTER SPACE AT THE MARCO ISLAND EXECUTIVE
AIRPORT
Item #16G2
THE ATTACHED CHANGE ORDER #2 TO THE HANGAR
REPAIR CONTRACT WITH ALEN CONSTRUCTION GROUP,
INC., TO EXTEND THE SCHEDULE PROVIDED IN
AGREEMENT NO. 18-7332 BY TWENTY-FIVE DAYS
Item #16G3
RESOLUTION 2019-70: AUTHORIZING EXECUTION OF
CONTRACT NO. G1643 WITH THE FLORIDA DEPARTMENT
OF TRANSPORTATION FOR CONSTRUCTION OF THE
AIRCRAFT APRON AND ASSOCIATED AIRFIELD SAFETY
IMPROVEMENTS AT MARCO ISLAND EXECUTIVE AIRPORT
Item #16H1
A PROCLAMATION DESIGNATING MAY 10, 2019 AS
PRESCHOOL PROVIDER APPRECIATION DAY IN COLLIER
COUNTY. THIS PROCLAMATION WILL BE MAILED TO THE
EARLY LEARNING COALITION OF SOUTHWEST FLORIDA
Item #16I1 – Moved from Item #16J3 (Per Agenda Change Sheet)
MISCELLANEOUS CORRESPONDENCE
April 23, 2019
Page 194
Item #16J1
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN MARCH 28, 2019 AND APRIL
10, 2019 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J2
REQUEST THAT THE BOARD APPROVE AND DETERMINE
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF APRIL 17, 2019
Item #16J3 – Moved to Item #16I1 (Per Agenda Change Sheet)
Item #16K1
RESOLUTION 2019-71 : APPOINTING A MEMBER TO THE
COLLIER COUNTY CITIZEN CORPS – APPOINTING RICHARD
FARMER, REPRESENTING THE CIVIL AIR PATROL, TO FILL
THE REMAINDER OF A VACANT TERM EXPIRING ON
NOVEMBER 5, 2022
Item #16K2
RESOLUTION 2019-72 : APPOINTING A MEMBER TO THE
CONSERVATION COLLIER LAND ACQUISITION ADVISORY
COMMITTEE – APPOINTING MICHELE LENHARD,
ENVIRONMENTAL CONSERVATION EDUCATIONAL
April 23, 2019
Page 195
CATEGORY, TO A THREE-YEAR TERM EXPIRING ON
FEBRUARY 11, 2022
Item #16K3
SETTLEMENT IN THE LAWSUIT STYLED GARRY SEVERE
AND FALLOUNE JOSEPH V. COLLIER COUNTY (CASE NO.
18-CA-1080), NOW PENDING IN THE CIRCUIT COURT OF
THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FOR THE SUM OF $20,000, AND AUTHORIZE THE
CHAIR TO EXECUTE THE MEMORANDUM OF MEDIATED
SETTLEMENT
Item #17A
RESOLUTION 2019-73 : APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2018-19
ADOPTED BUDGET
*****
April 23, 2019
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:40 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DI . ' TS UNDER ITS CONTROL
C2)
•
WILLI L. McDANIEL, JR., CHAIRMAN
ATTEST' .�
CRYSTAL K. KINZEL, CLERK
;; et6Lkuotss....c
Attest as to Chairman's
s'rl,t'!re only.
These minutes approve by the Board on s j ) lc/ , as
presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 196
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Andrew I. Solis Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Third Floor WHICH I SERVE ISA UNIT OF:
CITY COUNTY LICITY of COUNTY LIOTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
April 23, 2019 Li ELECTIVE U APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solishereby disclose that on April 23 20 19
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of a client of my law firm by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On April 23, 2019, the Board of County Commissioners will consider Agenda Item 16-A-10, a recommendation
to approve Amendment No. 3 to Contract No. 18-7245 with Taylor Engineering, Inc., to include additional tasks
for the Collier County Comprehensive Watershed Improvement Plan.
Taylor Engineering, Inc., is a client of my law firm and in an abundance of caution, I will abstain from voting
pursuant to Section 286.012,Fla. Stat. to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
April 23, 2019
Date Filed Signaturefir
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.