BCC Minutes 09/10/2019 RSeptember 10, 2019
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, September 10, 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.
Vice-Chair: 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
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
. 11111
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
September 10, 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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September 10, 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 Pastor Eric Hausler, Christ the King Presbyterian Church and
Chaplain, Naples Jail.
Invocation Given
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.)
Approved and/or Adopted w/Changes — 5/0
• Artist of the Month— Marvin Rouse
B. June 20, 2019 BCC Budget Workshop Minutes
Approved as presented— 5/0
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September 10, 2019
C. June 25, 2019 BCC Meeting Minutes
Approved as presented— 5/0
D. July 9, 2019 BCC Meeting Minutes
Approved as presented— 5/0
E. August 31, 2019 - Emergency Meeting Minutes Hurricane Dorian
Approved as presented— 5/0
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
1) 20 YEAR ATTENDEES
a) 20 Years, Jimmy Alaniz - Parks & Recreation
Presented
b) 20 Years, Kara Godwin - Library
Presented
c) 20 Years, David Hill - Road Maintenance
Presented
d) 20 Years, Jose Horta - Parks & Recreation
Presented
e) 20 Years, Susan Petr - Library
Presented
1) 20 Years, Yuejin Xue - Operations Support
Presented
2) 25 YEAR ATTENDEES
a) 25 Years, Pam Callis - Utilities Finance Operations
Presented
b) 25 Years, John Daly - Information Technology
Presented
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September 10, 2019
c) 25 Years, Denise McMahon - Library
Presented
d) 25 Years, Willie Pugh - Water
Presented
3) 30 YEAR ATTENDEES
a) 30 Years, Russell Greer— Water
Presented
4) 35 YEAR ATTENDEES
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
1) Presentation of the June 2019 Employee of the Month, Brianna
Richard, Veterinarian Technician, Public Services Department. (All
Districts)
Presented
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation recognizing ASI Materials, LLC as recipient of the Waste
Reduction Awards Program (WRAP) Award, for contributing to the greater
good of Collier County by advocating the "Reduce, Reuse, Recycle"
message, thereby helping to prolong the usable life of the Collier County
Landfill. To be accepted by Tony Migliazzo, Owner of ASI Materials, LLC.
Adopted— 5/0
B. Proclamation designating September 2019 as National Recovery Month in
Collier County, to increase awareness and understanding of mental and
substance use disorders and to celebrate the people who recover. To be
accepted by Scott Burgess, President & CEO, and Nancy Dauphinais, Chief
Operating Officer, David Lawrence Center.
Adopted— 5/0
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September 10, 2019
C. Proclamation designating September 2019 as Suicide Prevention Awareness
Month in Collier County. To be accepted by Shaina Anderson, Board
Treasurer of the Florida Southwest Chapter of the American Foundation for
Suicide Prevention, and members of the Collier County Mental Illness and
Addiction Advisory Committee.
Adopted— 5/0
D. Proclamation designating September 12 as Hunger Action Day in Collier
County. To be accepted by Richard LeBer, President and CEO, Harry
Chapin Food Bank.
Adopted— 5/0
E. Proclamation designating September 9 - September 15, 2019 as National
Patriotism Week in Collier County. To be accepted by Judith Romero, Vice
President, Naples Elks Lodge #2010, and Raymond and Anna Marie Honan,
members of Naples Elks Lodge #2010.
Adopted— 5/0
F. Proclamation designating September 2019 as Payroll Awareness Month in
Collier County in coordination with the annual national campaign to
recognize professionals in the payroll industry and to encourage employees
to learn more about payroll withholdings, payroll-related benefits and how
their paychecks are calculated. To be accepted by members of the Clerk's
payroll processing team: Leslie Miller, Lori Brown, Linda Zastrow & Erin
Roxberry.
Adopted— 5/0
G. Proclamation designating September 2019 as Join Scouting Month in Collier
County. To be accepted by Phil Leboeuf and James Giles.
Adopted— 5/0
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for September
2019 to SCORE Naples. To be accepted by Cheryl McDonnell, President of
the Naples Chapter of SCORE. Also attending is Bethany Sawyer
representing the Greater Naples Chamber of Commerce.
Presented
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September 10, 2019
6. PUBLIC PETITIONS
A. Public Petition request from Mr. Bill Wingate requesting that the Board of
County Commissioners discuss actions of Cope Lane Water Management.
Motion to bring this item back and advertise for a public hearing —
Consensus
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
A. Rae Ann Burton — Growth in rural Golden Gate Estates
B. Garret Beyrent— Sports Award
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to represent Collier County on the Lake
Okeechobee System Operating Manual (LOSOM) Project Delivery Team
(All Districts)
Motion to appoint Commissioner Taylor — Approved 5/0
Moved from Item #161-11 (Per Agenda Change Sheet)
B. Proclamation designating October 10, 2019 as Republic of China (Taiwan)
Day in Collier County. To be hand delivered by Commissioner Penny
Taylor at the Taipei Economic and Cultural Office in Miami, Florida on
October 3, 2019.
Adopted - 5/0
11. COUNTY MANAGER'S REPORT
A. Recommendation to consider the option of creating a volunteer Complete
Count Committee in conjunction with the upcoming 2020 United States
Census. (John Mullins, Government Affairs Manager) (All Districts)
Motion to have staff bring back a two part presentation with analysis on
how other counties are handling their committee — Approved 5/0
B. Recommendation to approve an agreement for the "North County Water
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September 10, 2019
Reclamation Facility Dual Zone Monitoring Well Replacement" Project for
Invitation to Bid No. 19-7610, with A.C. Schultes of Florida, Inc., in the
amount of$1,138,049 (Project Number 70245), and authorize the necessary
budget amendments. (Tom Chmelik, Director, Public Utilities Engineering
and Project Management Division) (District 2)
Motion to approve w/staffs recommendations — Approved 5/0
Moved from Item #16A1 (Per Agenda Change Sheet)
C. Recommendation to authorize staff to advertise for a future public hearing,
an ordinance amending the Land Development Code related to the creation
of separation standards for self-storage buildings on U.S. 41 between the
east side of Airport-Pulling Road to the west side of Price Street/Triangle
Boulevard, pursuant to the recommendations of the U.S. 41 Corridor Study.
(District 1, District 4)
Motion to not advertise ordinance in its current form— Approved 4/1
(Commissioner Fiala opposed); Motion to bring back item at a future
date for discussion and additional issues — Approved 5/0
Moved from Item #16D15 (Per Agenda Change Sheet)
D. Recommendation to approve a Resolution superseding Resolution No. 2016
140, establishing the Collier Area Transit Advertising Policy and Standards,
Fee Policy, and the Agreed Terms and Conditions for Advertising on Transit
assets and facilities, to expand the advertising policy, standards and fees to
include digital advertising and a bench donation program, as directed at the
Board's July 9, 2019 meeting. (All Districts)
Resolution 2019-162 Adopted - 5/0
12. COUNTY ATTORNEY'S REPORT
A. Request for direction on the appeal filed by Real Estate Partners
International, LLC which seeks reversal of the approval of insubstantial
change to the Site Development Plan (SDPI), Petition PL20180002049, for
Gateway, formerly known as Trio. The appeal centers around the questions
of whether the GTMUD-MXD Overlay requires a minimum of 700 square
feet for a hotel guest room, and whether the contract purchaser for the
adjoining County-owned parcel has standing to raise the objection. (District
4)
Motion to advertise and bring back for a public hearing (Staff's option
#2) at the first meeting in October — Failed 2/3 (Commissioner
McDaniel, Commissioner Solis and Commissioner Saunders opposed);
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September 10, 2019
Motion to find no standing and direct staff to advertise and bring back
a footnote removing the 700 sq. foot requirement from the LDC
(Options #1 & #4) — Approved 5/0
B. Request to appoint two members to the Collier County Planning
Commission. (All Districts)
Resolution 2019-163: Re-appointing Stanley P. Chrzanowski as the At-
Large Environmental Member — Adopted 5/0; Motion to interview the
other two candidates — Approved 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. BCC Future Workshop Schedule (All Districts) — Mental
Health & Addiction Workshop on October 29, 2019 @9am
B. Commissioner Solis — Mental Health & Addiction Ad Hoc Committee is
doing an amazing job creating the strategic plan
C. Commissioner Saunders — Limit vaping in public buildings
D. Commissioner Taylor — Analysis of BCC Agenda by districts;
Standards for public arts (Murals) — bringing back as an agenda item;
Would like staff to present on the Return on Investment (ROI) for
Collier County and the possibility of a workshop or agenda item
E. Commissioner McDaniel — Chokoloskee Bridge renaming issue; A
contribution of 5-acres near the David Lawrence Center to be
discussed at the Mental Health Workshop in October
F. Adjourned - Consensus
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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September 10, 2019
Approved and/or Adopted w/changes — 5/0
A. GROWTH MANAGEMENT DEPARTMENT
Moved to Item #11C (Per Agenda Change Sheet)
1) Recommendation to authorize staff to advertise for a future public
hearing, an ordinance amending the Land Development Code related
to the creation of separation standards for self-storage buildings on
U.S. 41 between the east side of Airport-Pulling Road to the west side
of Price Street/Triangle Boulevard, pursuant to the recommendations
of the U.S. 41 Corridor Study. (District 1, District 4)
2) Recommendation that the Board approves and authorizes the
Chairman to sign a Collier County Landscape Maintenance
Agreement ("Agreement") between Collier County and SBP
Holdings, LLC, for landscape and irrigation improvements within
109th Avenue Public right-of-way. (District 2)
Insuring that SBP Holdings, LLC will maintain improvements
3) Recommendation to approve and authorize the Chairman to execute
Tourist Development Tax Grant Agreement for 2019/2020 with the
City of Naples for Beach Maintenance for a not to exceed amount of
$191,000. (District 4)
4) Recommendation to recognize and appropriate revenue from
insurance claim recoveries to the Landscape Operation Fund (112), in
the amount of$44,681.74 for Fiscal Year 2019 and authorize all
necessary Budget Amendments. (All Districts)
For the maintenance, repair and replacement of County owned
median landscape and irrigation due to numerous vehicle crashes
and costs for necessary repairs and replacements
5) Recommendation to approve Amendment No. 2 to the 2017
Agreement with the City of Naples grant application for the South
Beach Park Improvement; extend it to February 1, 2020, and make a
finding that this item promotes tourism. (District 4)
6) Recommendation to approve and authorize the Chairman to execute
Change Order No. 1 to Florida Department of Environmental
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September 10, 2019
Protection (FDEP) Agreement No. 19C01 Wiggins Pass Inlet
Management Plan increasing the amount of State funding available
for reimbursement and make a finding that this item promotes
tourism. (District 2)
For the dredging of Wiggins Pass
7) Recommendation to approve and authorize the Chairman to execute
Agreements No. 19CO2 and No. 19CO3 with the Florida Department
of Environmental Protection Bureau of Beaches and Coastal Systems
for Hurricane Irma Recovery Projects for the Collier County Beaches
and make a finding that this item promotes tourism. (All Districts)
For beach and dune restoration projects
8) Recommendation to approve the release of a code enforcement lien
with an accrued value of$127,224.20 for payment of$724.20 in the
code enforcement action entitled Board of County Commissioners v.
Keri C. Johnson, relating to property located at 8137 Ronda Ct,
Collier County, Florida. (District 2)
For code enforcement violation that was brought into compliance
by the new owner after a short sale purchase on April 12, 2019
9) Recommendation to approve the release of a code enforcement lien
with an accrued value of$22,711.90, for payment of$1,611.90, in the
code enforcement action entitled Board of County Commissioners v.
Pelican Ridge of Naples Association, Inc., Case No.
CESD20170001945, and incidentally, also resolve a pending appeal.
(District 2)
For a code enforcement violation that has been abated
10) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$131,780 which was posted as a
guaranty for Excavation Permit Number 60.080.12, PL20160002229
for work associated with Isles of Collier Preserve Phase 10, Lakes 6C,
2A, 2D, 2E and 2F. (District 4)
11) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$89,700 which was posted as a
guaranty for Excavation Permit Number 60.155, PL20170000920 for
work associated with Addison Place. (District 3)
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12) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$1,000,000 which was posted as a
guaranty for Excavation Permit Number 60.101-1, PL20140001878
for work associated with Winding Cypress Unit Two, and Excavation
Permit Number 60.101-2, PL20150001600 for work associated with
Winding Cypress Phase 2. (District 1)
13) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$10,710 which was posted as a development
guaranty for an Early Work Authorization (EWA) (PL20100000942)
for work associated with Beaumaris. (District 1)
14) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$59,500 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20180001531) for work associated with Abaco Pointe (F.K.A. 951
Villas). (District 5)
15) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$3,260 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20150002387) for work associated with RaceTrac at Davis.
(District 3)
16) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$8,000 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20180003718) for work associated with Siena Lakes. (District 2)
17) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$43,660 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20170003429) for work associated with The Crest at Naples.
(District 1)
18) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$27,740 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20170004177) for work associated with The Springs at Hammock
Cove. (District 4)
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September 10,2019
19) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$19,200 which was posted as a development
guaranty for an Early Work Authorization (EWA) (PL20160003068)
for work associated with Thrive at Naples. (District 4)
20) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$1,520 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20170002291) for work associated with 808 Wiggins Pass.
(District 2)
21) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$15,000 which was posted as a
guaranty for work within the County Right-of-Way; permit
PRROW20180213800. (District 2)
22) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$15,000 which was posted as a
guaranty for work within the County Right-of-Way; permit
PRROW20170833821. (District 1)
23) Recommendation to approve final acceptance of the water utility
facilities and accept the conveyance of a portion of the water utility
facilities for the Collier County Agricultural Center at Collier County
Fairgrounds, PL20190000345. (District 5)
After inspection, these facilities have been found to be satisfactory
and acceptable
24) Recommendation to approve final acceptance of the water and sewer
utility facilities for The Dunes Clubhouse, PL20190001256. (District
2)
After inspection on June 7, 2019, these facilities have been found
to be satisfactory and acceptable
25) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Esplanade Golf& Country Club of Naples - PPL #3, Parcels K1/K2,
PL20170003802 and to authorize the County Manager, or his
designee, to release the Final Obligation Bond in the total amount of
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September 10, 2019
$4,000 to the Project Engineer or the Developer's designated agent.
(District 3)
After inspection on June 20, 2019, these facilities have been found
to be satisfactory and acceptable
26) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Coach
Homes I at Esplanade, PL20170003803 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$14,262.39 to
the Project Engineer or the Developer's designated agent. (District 3)
After inspection on June 20, 2019, these facilities have been found
to be satisfactory and acceptable
27) Recommendation to approve final acceptance of the sewer utility
facilities for Moorings Park at Grande Lake Phase One and Two,
PL20190000718. (District 4)
After inspection on June 15, 2019, these facilities have been found
to be satisfactory and acceptable
28) Recommendation to approve final acceptance and accept the
conveyance of the sewer utility facilities for O'Reilly Auto Parts,
PL20180001837 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$4,635 to the Project
Engineer or the Developer's designated agent. (District 4)
After inspection on July 25, 2019, these facilities have been found
to be satisfactory and acceptable
29) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Amaranda at Fiddler's Creek, PL20180000817 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
$27,270 to the Project Engineer or the Developer's designated agent.
(District 1)
After inspection on July 24, 2019, these facilities have been found
to be satisfactory and acceptable
30) Recommendation to approve final acceptance and accept conveyance
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September 10, 2019
of the potable water utility facilities for Foxfire Golf Course
Maintenance Facility Ml, PL20190001220. (District 4)
After inspection on July 3, 2019, these facilities have been found
to be satisfactory and acceptable
31) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Fiddler's Creek Phase 4 Unit 2-2, and Lagomar Phase 1, 1 A and 2,
PL20140000912 and PL20140001213 respectively, and to authorize
the County Manager, or his designee, to release the Final Obligation
Bonds in the total amount of$8,000 to the Project Engineer or the
Developer's designated agent. (District 1)
After inspection on July 18, 2019, these facilities have been found
to be satisfactory and acceptable
32) Recommendation to approve final acceptance of the potable water and
sewer facilities, and accept the conveyance of a portion of the potable
water and sewer facilities for FPL Golden Gate Service Center
Redevelopment Project, PL20180002461. (District 3)
After inspection on July 29, 2019, these facilities have been found
to be satisfactory and acceptable
33) Recommendation to approve a Resolution for Final Acceptance of the
public roadway and drainage improvements for a portion of that
roadway known as CR 951/Collier Boulevard North, from
Weatherstone Drive to Torre Vista Lane, approximately 1,800 feet of
two-lane roadway, PRROW20150619712. (District 3)
Resolution 2019-149
34) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Siracusa, Application Number PL20140001844, and authorize the
release of the maintenance security. (District 1)
Resolution 2019-150
35) 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 Dorado at Fiddler's
Creek, Application Number PL20180002932. (District 1)
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September 10, 2019
36) 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 Del Webb Naples Parcel
112C Replat, Application Number PL20190001014. (District 5)
37) 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 amended final plat of Maple Ridge at Ave
Maria Phase 6B, (Application Number PL20190000868) approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security. (District 5)
38) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Esperanza Place — Phase 2,
(Application Number PL20190000598) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security. (District 5)
39) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Del Webb Way Extension,
(Application Number PL20180003111) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security. (District 5)
40) 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 Teak Wood Acres,
Application Number PL20180001605 (District 3)
41) Recommendation to approve an Easement Use Agreement
(Agreement) for Lot 32, Block A, Naples Mobile Estates, according to
the plat thereof as recorded at Plat Book 10, Page 91 of the public
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September 10, 2019
records of Collier County. (District 4)
Located at 248 Cape Sable Drive, for which the owners are
attempting to obtain a permit for stairs that are encroaching 3-
feet into a 15-foot wide drainage and utility easement
42) Recommendation to approve a Resolution supporting the County's
applications to Florida Department of Environmental Protection for
Long Range Budget Plan Requests for Beach Renourishment Projects
for Fiscal Year 2020/2021. This action maintains the County's
eligibility for State Cost Share Funding for future renourishment
projects. (All Districts)
Resolution 2019-151
43) Recommendation to recognize a Public Transit Grant Agreement
between the Florida Department of Transportation and the Collier
Metropolitan Planning Organization that includes Federal pass-
through 49 USC § 5305(d) funding and to authorize necessary budget
amendments for grant revenue in the amount of$130,387 and a local
match in the amount of$14,487. (All Districts)
For participation in fixed route transit planning activities
44) Recommendation to hear Land Development Code Amendments at
two regularly scheduled daytime hearings and waive the nighttime
hearing requirement. (All Districts)
Scheduled for Tuesday, October 8, 2019 and Tuesday, October 22,
2019
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to approve an Interlocal Agreement between the
City of Naples and the Board of County Commissioners, acting as the
Community Redevelopment Agency, to upgrade water lines and
install/upgrade of fire hydrants on Coco Avenue, Areca Avenue,
Basin Street, Canal Street and Captains Cove in the Bayshore
Gateway Triangle Community Redevelopment Area. (District 1)
Improving the water lines and fire hydrants
2) Authorize a budget amendment in the amount of$86,000 to fund a
Hurricane Irma related work order for repairs to Bayshore Drive
decorative lighting. (District 4)
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September 10, 2019
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to authorize expenditures for the sole source
purchase of certain laboratory parts, supplies and services from
IDEXX Distribution, Inc., in an amount not to exceed $150,000 per
year, for a period of five (5) years. (All Districts)
For laboratory supplies, parts and services required for
compliance of Water, Wastewater and Pollution Control
2) Recommendation to approve three (3) Agreements for Request for
Qualification (RFQ) #19-7527, "Electrical Contractors with Public
Utilities Specialization," to: Technical Management Associates, Inc.,
Simmonds Electrical of Naples, Inc., and Hart's Electrical, Inc., and
authorize the Chairman to execute the Agreements with the awarded
contractors. (All Districts)
For electrical services by vendors that specialize in Public Utilities
3) Recommendation to approve an Agreement for Invitation to Bid No.
19-7590, "South County Regional Water Treatment Plant Belt Filter
Press Replacement" (Project Number 70136), to PWC Joint Venture
LLC, in the amount of$602,825, and authorize the necessary budget
amendment. (All Districts)
That was installed in 1986 and is over 30 years old
4) Recommendation to terminate Contract #16-6639, "Variable TDS
Reverse Osmosis Conceptual Design," with Jacobs, Inc., formerly
CH2M Hill Engineers, Inc. (Project #70104). (All Districts)
With the proposed Northeast Regional Water Treatment Plant
(NERWTP) tentatively online for 2028
5) Recommendation to recognize and appropriate revenue to the
Facilities Management Division's General Maintenance Project
#52525 in the amount of$66,028.09 for Fiscal Year 2019 and
authorize all necessary Budget Amendments. (All Districts)
From insurance reimbursements related to damage claims and
reimbursements for shared costs projects with the Immokalee
CRA & MSTU
D. PUBLIC SERVICES DEPARTMENT
Page 17
September 10, 2019
1) Recommendation to approve an "after-the-fact" Third Amendment,
attestation statement and Budget Amendment for the Older Americans
Act Program (OAA) Title III from Area Agency on Aging for
Southwest Florida, Inc. (Agency) to reflect the final FY18 grant
funding amount. (Net Fiscal Impact of$16,022.57). (All Districts)
For meals and other support services to qualified Seniors
2) Recommendation to approve "after-the-fact" agreements and
attestation statements with the Area Agency on Aging for Southwest
Florida, Inc. (AAASWFL), Community Care for the Elderly (CCE),
Alzheimer's Disease Initiative (ADI) and Home Care for the Elderly
(HCE) grant programs for Services for Seniors and to authorize
Budget Amendments to ensure continuous funding for FY 2019/2020.
(Net Fiscal Impact $68,959.36) (All Districts)
For the uninterrupted support services for elderly clients
3) Recommendation to approve two (2) "after-the-fact" contract
amendments and attestation statements between the Area Agency on
Aging for Southwest Florida, Inc., and Collier County Services for
Seniors to amend funding to the FY19 Older Americans Act (OAA)
programs and to authorize associated budget amendments. (Net Fiscal
Impact $103,575.17) (All Districts)
For the uninterrupted support services for elderly clients
4) Recommendation to approve the submittal of a Response to the Older
American Act Grant Services Request for Proposal, after the fact, to
the Area Agency on Aging for Southwest Florida, Inc., for a 6-year
period. (All Districts)
Resolution 2019-152
5) Recommendation to approve an after-the-fact grant application to
Schwab Charitable Fund and accept a restricted donation of$1,000 to
benefit the Immokalee Branch Library and authorize the necessary
Budget Amendment. (District 5)
6) Recommend After-the-Fact approval of electronic submittal of the
Retired Senior Volunteer Program (RSVP) revised grant application
and grant amendment to the Corporation for National and Community
Services (CNCS) in the amount of$7,500 (ATF 19-018 AWD), a
Page 18
September 10, 2019
donation of$192.50, acceptance of funds and budget amendment to
increase funding. (All Districts)
As detailed in the Executive Summary
7) Recommendation to approve "after-the-fact" first amendment and
attestation statement with the Area Agency on Aging for Southwest
Florida, Inc., Alzheimer's Disease Initiative grant program for
Services for Seniors to amend and revise language within the contract.
(All Districts)
For the uninterrupted support services for elderly clients
8) Recommendation to approve the "after-the-fact" grant award
acceptance from Florida Animal Friends in the amount of$24,850 to
help support the mission of Domestic Animal Services by offering
free spay or neuter procedures for large breed dogs and community
cats. (All Districts)
To perform an additional 375 spay/neuter surgeries
9) Recommendation to approve two (2) Releases of Lien securing grants
made from the State Housing Initiatives Partnership (SHIP) and
Community Development Block Grant (CDBG) programs in
accordance with Resolution No. 18-58 due to the death of the
homeowners in the aggregate amount of$26,684.75. (District 5)
Located at 808 Palm Ridge Drive
10) Recommendation to approve one (1) Release of Lien for $8,015.82 for
a unit with a recorded Impact Fee Deferral Agreement that was not
utilized in the Dockside community. (All Districts)
Folio #00725080004
11) Recommendation to approve two (2) Release of Liens in the amount
of$34,423.46 for full payment of the deferral of one-hundred percent
(100%) of countywide impact fees for owner occupied Affordable
Housing Dwelling Units. (All Districts)
Located at 13602 Legacy Lane and 1359 Patriot Court
12) Recommendation to approve six (6) Satisfactions of Mortgage for the
State Housing Initiatives Partnership loan program in the amount of
$59,800 and necessary Budget Amendments. (All Districts)
Located at the following: 3325 Airport Road Apt. E3; 23 Maui
Page 19
September 10, 2019
Circle; 1724 45th Terrace SW; 4314 23rd Ave. SW; 5374 Warren
St; and 12043 Sitterley St.
13) Recommendation to authorize Budget Amendments for FY19/20
SHIP program allocation and FY18/19 and FY19/20 interest income
in the amount of$47,971.70. (All Districts)
Allowing the County to expand affordable housing opportunities
for citizens in Collier County
14) Recommendation to approve the State Housing Initiatives Partnership
Annual Reports and authorize the chairman to sign the Local Housing
Incentives Certification to closeout Fiscal Years 2015/2016,
2016/2017, and interim Fiscal Years 2017/2018 and 2018/2019 to
ensure compliance with program requirements. (All Districts)
To ensure compliance with program requirements
Moved to Item #11D (Per Agenda Change Sheet)
15) Recommendation to approve a Resolution superseding Resolution No.
2016-140, establishing the Collier Area Transit Advertising Policy
and Standards, Fee Policy, and the Agreed Terms and Conditions for
Advertising on Transit assets and facilities, to expand the advertising
policy, standards and fees to include digital advertising and a bench
donation program, as directed at the Board's July 9, 2019 meeting.
(All Districts)
16) Recommendation to approve five (5) Satisfactions of Mortgage in the
combined amount of$100,000 of Owner-Occupied Dwelling Units
that have satisfied the terms of their affordability period. (All
Districts)
For the following: Folio #39782480003; Folio #40524080003; Folio
#49660096541; Folio #69064000168; Folio #83141200003
17) Recommendation to approve the Pepper Ranch Preserve Cattle Lease
Agreement with Hood Citrus Caretaking, Inc., under the Conservation
Collier Program, and direct the County Manager, or his designee, to
implement the lease terms. (District 5)
For a five year term with the renewal option for two additional
one year terms
18) Recommendation to approve and authorize the Chairman to sign the
Page 20
September 10, 2019
Hazard Mitigation Grant Award Contract #H0185 from the Federal
Emergency Management Agency in the amount of$262,500 for a
backup electrical power system at the Domestic Animal Services
Complex and associated Budget Amendment, and a Resolution to
authorize the County Manager to sign all pay requests. (Net Fiscal
Impact $350,000) (All Districts)
Resolution 2019-153
19) Recommendation to approve Amendment No. 1 to Agreement No.
CM918 between the Department of Environmental Protection Florida
Coastal Management Program and Collier County, (Paradise Coast
Blueway Paddling Trail Mapping Project), to revise the Project Work
Plan to extend the deliverable date to September 30, 2019, to allow a
final review of the map to assure full compliance with all grant
requirements. (All Districts)
Extending the deliverable date to September 30, 2019
20) Recommendation to authorize the execution of the 2018/19 Federal
Highway Administration Flexible Funds Grant Award in the amount
of$545,068 for the purchase and installation of signal priority
equipment on transit vehicles as well as electronic fareboxes for
paratransit vehicles through the Federal Transit Administration (FTA)
Transit Award Management System (TrAMS) and authorize
necessary Budget Amendment. (All Districts)
For electronic fareboxes and purchase and installation of signal
priority equipment on transit and paratransit vehicles
21) Recommendation to accept a grant award from the Florida
Department of State Division of Historical Resource in the amount of
$455,800, authorize the Chairman to sign the grant agreement and
restrictive covenants and approve the associated Budget Amendment,
for the historic Roberts Home at the Immokalee Pioneer Museum at
Roberts Ranch. (Net Fiscal Impact $569,840) (All Districts)
To complete the structural stabilization and rehabilitation of the
Roberts home
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve an Agreement for Sale and Purchase for
the Emergency Medical Services Division to acquire 5.46 acres of
Page 21
September 10, 2019
vacant land at the corner of Golden Gate Blvd. and Desoto Blvd. for a
total cost not to exceed $107,000 and an Agreement in the amount of
$105,000 to provide funding from the GAC Land Trust, and to
authorize the necessary budget amendments. (All Districts)
For Folio #40806320009
2) Recommendation to authorize the Procurement Services Director to
procure goods or services from vendors that have been awarded a
contract as a result of a competitive selection process by a federal,
state or municipal government, or any other governmental agency,
political subdivision, or government-related association or a
purchasing cooperative provided that the originating entity utilized a
competitive process similar to Collier County's and authorize the
County Manager or designee to sign agreements,associated with those
purchases. (All Districts)
3) Recommendation to approve and authorize the Chair to execute a
Federally Funded Subgrant Agreement to accept the annual
Emergency Management Performance Grant (EMPG) in the amount
of$108,299 for Emergency Management Planning, Response, and
Mitigation efforts and to authorize the necessary budget amendments.
(All Districts)
4) Recommendation to renew the annual Certificate of Public
Convenience and Necessity (COPCN) for Ambitrans Medical
Transport, Inc. to provide Class 2 Advanced Life Support (ALS) inter-
facility transport ambulance service for a period of one year. (All
Districts)
5) Recommendation to approve a Resolution authorizing the Chair of the
Board of County Commissioners to Execute Standard Form
Memorandums of Understanding with Owners of Large Capacity
Spaces such as Not for Profit Organizations, Community Associations
and Places of Worship for Distribution of Food, Relief Supplies,
Medicines or other items and Temporary Sheltering related to natural
and manmade emergencies and disasters without further Board action.
(All Districts)
Resolution 2019-154
6) Recommendation to accept the donation of a surplus 8-ft. Wells
Page 22
September 10, 2019
Cargo® enclosed utility trailer from the Florida Division of
Emergency Management to the Collier County Division of
Emergency Management for transportation and storage of disaster
supplies and equipment. (All Districts)
For the Palmetto Ridge High School Special Needs Shelter
7) Recommendation to accept the donation of a 2006 International
Model CE School Bus from Collier County Public Schools for the
purpose of converting the handicap lift-equipped bus to a basic mass
medical transport unit. (All Districts)
To convert the bus into a non-emergency mass medical evacuation
vehicle
8) Recommendation to approve an Assumption Agreement assigning all
rights, duties and obligations to Raftelis Financial Consultants, Inc.,
d/b/a Raftelis under Agreement #14-6353 "Financial Consulting
Services." (All Districts)
On June 10, 2019 staff received a notification letter of the
transaction
9) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
For the sale, donation, trade-in or disposal of surplus property of
50 cardiac monitors
10) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
For the purchase of Gutter Brooms, Trade Show Registration,
Roadshow Registrations, and an IQ Pump Station Site at Pelican
Marsh
11) Recommendation to approve the selection committee ranking for
Request For Professional Services ("RPS") No. 18-7432-UP for
"Professional Services Library - Utility Plants Design and
Engineering," and authorize staff to enter into contract negotiations
with the top fourteen ranked firms, which contracts will be brought to
the Board for consideration at a subsequent meeting. (All Districts)
For the following: Tetra Tech, Inc.; AECOM Technical Services,
Page 23
September 10, 2019
Inc.; Carollo Engineers, Inc.; Stantec Consulting Services,
Inc.;TKW Consulting Engineers, Inc.; CDM Smith, Inc.; Q.
Grady Minor & Associates, P.A.; Black & Veatch Corporation;
Hole Montes, Inc.; Cardno, Inc.; Water Science Associates, Inc.;
CPH, Inc.; Jacobs Engineering Group, Inc. and McKim & Creed,
Inc.
F. COUNTY MANAGER OPERATIONS
1) Board ratification of Summary, Consent and Emergency Agenda
Items approved by the County Manager during the Board's scheduled
recess. (In Absentia Meeting(s) dated July 23, 2019; August 13, 2019
and August 27, 2019) (All Districts)
July 23, 2019
a) Recommendation to approve Change Order #1 for Agreement
No. 19-7515 - Vanderbilt Beach Irrigation with Stahlman-
England Irrigation, Inc., to increase the contract amount by
$11,995, for additional work required to effectively irrigate the
area.
b) Recommendation to approve the Administrative Reports
prepared by the Procurement Services Division for change
orders and other contractual modifications requiring Board
approval.
c) Recommendation to approve the administrative report prepared
by the Procurement Services Division for disposal of property
and notification of revenue disbursement.
d) Recommendation to accept the report for the sale of items and
disbursement of funds associated with the County surplus
auction held on June 21 & 22, 2019.
e) 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 June 27,
2019 and July 10, 2019 pursuant to Florida Statute 136.06.
Page 24
September 10, 2019
f) Request that the Board approve and determine valid public
purpose for invoices payable and purchasing card transactions
as of July 17, 2019.
g) Recommendation to approve the first amendment to
Professional Service Agreement #18-7404, Collier County
Sports Complex Marketing and Support, to Sports Fields, Inc.
in the not to exceed amount of$950,000, with a limited Notice
to Proceed capping expenditures at $150,000 for promotional
activities until Board ratification of the entire amendment.
August 13, 2019
a) 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 July 11,
2019 and July 31, 2019 pursuant to Florida Statute.
b) Request that the Board approve and determine valid public
purpose for invoices payable and purchasing card transactions
as of August 7, 2019.
c) Recommendation to approve and authorize the Chairman to
sign a Satisfaction and Release of Claim in the matter of In Re:
Estate of Lillian C. Wolf, Case Number 2019-CP-208.
d) Recommendation to approve a 99-year Long-Term Ground
Lease with McDowell Housing Partners, LLC on County-
owned property located within the Bembridge PUD and
authorize the County Manager or designee to sign all
documents necessary to implement the Ground Lease.
e) Report to the Board regarding the investment of County funds
as of the quarter ended June 30, 2019.
f) Recommendation to authorize a Budget Amendment, in the
amount of$352,000, to transfer funds from Intersections
Project (#60016) to Road Resurfacing Project (#60131), within
Page 25
September 10, 2019
Gas Tax Fund (313) for the purpose of the milling and
resurfacing Gulf Shore Drive.
g) Recommendation to approve a $301,405 Work Order to Kyle
Construction, Inc., under Request for Quotation 14-6213-131
for Underground Utility Contracting Services, for the Creekside
Boulevard & Tamiami Trail 24-inch Force Main Directional
Drill (Project Number 70139).
h) Recommendation to approve the administrative report prepared
by the Procurement Services Division for disposal of property
and notification of revenue disbursement.
i) Recommendation to approve the Administrative Reports
prepared by the Procurement Services Division for change
orders and other contractual modifications requiring Board
approval.
August 27, 2019
a) 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 August 1,
2019 and August 14, 2019 pursuant to Florida Statute 136.06.
b) Request that the Board approve and determine valid public
purpose for invoices payable and purchasing card transactions
as of August 21, 2019.
c) Recommendation to approve the FY2018 Annual Progress
Report of the Collier County Transit Development Plan and
authorize its submission to the Florida Department of
Transportation.
d) Recommendation to approve a Collier County Airport
Authority Standard Form Lease and Addendum with the Collier
County Office of Business and Economic Development at the
Immokalee Regional Airport.
Page 26
September 10, 2019
e) Recommendation to approve the Administrative Reports
prepared by the Procurement Services Division for change
orders and other contractual modifications requiring Board
approval.
2) Recommendation to approve Tourist Development Tax Promotion
funding to support the upcoming Alligator Alley Softball Challenge
Tournament October 5-6, 2019 up to $5,500, the Florida Fire
Columbus Day Classic Soccer Tournament October 12-13, 2019 up to
$6,850, and the International Series Soccer Qualifier October 26-27,
2019 up to $25,100 for a grand total of$37,450 and make a finding
that these expenditures promote tourism. (All Districts)
3) Recommendation to approve an Agreement with Simpleview
Worldwide, Inc., d/b/a Simpleview, LLC, (#19-052-NS), to provide
the Tourism Division with a hotel, attraction and restaurant
reservation system and make a finding that this expenditure promotes
tourism. (All Districts)
Through the embedded link on the Paradise Coast website
4) Recommendation to authorize budget amendments totaling $25,000
for the Law Library Fund (640) due to an operating expense shortfall
for the balance of FY 2019. (All Districts)
For the replacement of the old internet connection in the
administration building
5) Recommendation to authorize budget amendments appropriating
approximately $625,819,000 of unspent FY 2019 Grant and Capital
Project Budgets into fiscal year 2020. (All Districts)
6) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively. (All Districts)
BA #19-780, needed for a workstation
7) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2018-19 Adopted Budget. (All Districts)
Resolution 2019-155
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September 10, 2019
8) Recommendation to approve a Second Amendment to Agreement
with GC II, LLC, to approve the purchase of 0.345 acres to
accommodate parking along the west side of the planned Great Lawn
Entrance to the Collier County Sports Complex and Event Center at a
cost not to exceed $100,400, reduce the 2.5-acre parcel to 2.10 acres,
and to authorize the necessary budget amendments. (District 5)
As detailed in the Executive Summary
9) Recommendation to extend Agreement No. 15-6444, "Federal
Lobbyist Services," with Becker & Poliakoff, P.A., for a period of six
months to prevent a lapse in services, while staff concludes an
outstanding new solicitation. (All Districts)
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
Moved to Item #10B (Per Agenda Change Sheet)
1) Proclamation designating October 10, 2019 as Republic of China
(Taiwan) Day in Collier County. To be hand delivered by
Commissioner Penny Taylor at the Taipei Economic and Cultural
Office in Miami, Florida on October 3, 2019.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve and authorize the Chairman to sign an
Agreement authorizing the Collier County Sheriff's Office to have
Traffic Control Jurisdiction over Private Roads within the Emerson
Park subdivision. (All Districts)
Located within Ave Maria
2) Recommendation to approve a Resolution changing the boundaries of
certain voting precincts. (All Districts)
Resolution 2019-156
3) Recommendation to approve an Interlocal Agreement for Election
Services for the November 26, 2019, City of Everglades City
Municipal Election. (All Districts)
Page 28
September 10, 2019
4) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between August 15, 2019 and August 28, 2019 pursuant to
Florida Statute 136.06. (All Districts)
5) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of September
4, 2019. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to appoint four members to the Housing Finance
Authority. (All Districts)
Resolution 2019-157: Appointing Michael Rubenstein and Re-
appointing Suzanne Bradach, Michael Prioletti, and Gary Lind
with all terms expiring on September 11, 2023
2) Recommendation to reclassify an alternate member as a regular
member on the Code Enforcement Board. (All Districts)
Resolution 2019-158: Reclassifying Chloe Bowman to the term
expiring on February 14, 2022
3) Recommendation to approve a Mediated Settlement Agreement and
Stipulated Final Judgment to settle final compensation for the taking
of Parcel 318RDUE, in the amount of$108,527.50, including
statutory attorney fees and costs, and expert fees and costs, in the
lawsuit styled Collier County v. CKC Property Holdings, et al, Case
No. 16-CA-1242, required for the Golden Gate Boulevard Expansion
Project No. 60145. (Fiscal Impact: $49,227.50) (All Districts)
4) Recommendation to approve a Stipulated Final Judgment to settle
final compensation for the taking of Parcel 299RDUE, in the amount
of$25,310, including statutory attorney fees and costs, and expert fees
and costs, in the lawsuit styled Collier County v. Quan Wang, et al,
Case No. 16-CA-1399, required for the Golden Gate Boulevard
Expansion Project No. 60145. (Fiscal Impact: $17,710) (All Districts)
East of 20th St E. to Everglades Blvd.
Page 29
September 10, 2019
5) Recommendation to approve an Interlocal Agreement for State
Attorney Services between Collier County and the Office of the State
Attorney for the Twentieth Judicial Circuit of Florida. (All Districts)
As detailed in the Executive Summary
6) Recommendation to approve the Second Amendment to Agreement
for Legal Services for the Retention Agreement with Woods
Weidenmiller Michetti & Rudnick, LLP (All Districts)
Extending the term through December 8, 2021 with two one year
additional renewal terms
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
Adopted— 5/0
A. Recommendation to adopt resolutions approving the preliminary
assessment rolls as the final assessment rolls, and adopting same as the
non-ad valorem assessment rolls for purposes of utilizing the uniform
method of collection pursuant to Section 197.3632, Florida Statutes, for
Solid Waste Municipal Service Benefit Units, Service District No. I and
Service District No. II, Special Assessment levied against certain
residential properties within the unincorporated area of Collier County,
the City of Marco Island, and the City of Everglades City, pursuant to
Collier County Ordinance 2005-54, as amended. Revenues are anticipated
to be $27,387,200. (All Districts)
Resolution 2019-159 (District I)
Resolution 2019-160 (District II)
B. Recommendation to approve an Ordinance establishing the Blue Sage
Municipal Service Taxing Unit for the repayment of funds in the amount
Page 30
September 10, 2019
of$8,623.93 used to make emergency repairs. (District 5)
Ordinance 2019-19
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2018-19 Adopted Budget. (All Districts)
Resolution 2019-161
18. ADJOURN
Adjourned— Consensus
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 31
September 10, 2019
September 10, 2019
Page 2
MR. OCHS: Mr. Chairman, you have a live mic.
Ladies and gentlemen, if you'd please come to order.
CHAIRMAN McDANIEL: Endeavor to come to order. I know
we've been off for 60 days, so...
Good morning, everybody. Happy to have you here today.
We're going to start off with the invocation. And I have a -- I'm
going to try to pronounce it properly. Pastor Eric has asked me to
pronounce it Hausler. And he is a local pastor and sheriff's chaplain
for us at the county jail. So if you'd all rise, please, and join us in a
blessing this morning.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE –
INVOCATION GIVEN
PASTOR HAUSLER: At the county jail we deal with a lot of
people who have walked foolishly, and so they're in trouble. But we
all need wisdom.
The Old Testament Book of Proverbs says fools despise wisdom
and instruction. And the way of a fool is right in his eyes, but a wise
man listens to advice. Whoever walks with the wise becomes wise,
but a companion of fools suffers harm.
So my prayer for our commission today is that you would all
gain wisdom. We all need wisdom, particularly those in places of
authority.
Let us pray.
Our father in heaven, we bow our heads before you because
you're the one who made us and all things, and you give us life and
breath by your kindness and mercy. You have placed us to live in
this beautiful county, this beautiful part of the world where we enjoy
September 10, 2019
Page 3
such peace and prosperity and safety and freedom. So many
abundant earthly blessings.
We thank you for those whom you have raised up to serve in
this community in positions of authority. And you've told us to pray
for them. We pray today that you would give our county
commissioners great wisdom; that they would listen to advice, and
that they would be encouraged in their work; that they would not be
discouraged in the tasks before them; that they would make wise
decisions that would affect all of us.
So we pray for your blessing upon them, and we also remember
all those who are placing their lives on the line today in our county,
that we might live safely with our families and pursue our work and
obligations. We are so blessed to live in a county of great safety and
great dedication by our public servants. So watch over all the first
responders, officials, and police and Sheriff's officers today.
We ask for your blessing on all who are here, and we thank you
again for all of your mercies. We pray in your holy name. Amen.
CHAIRMAN McDANIEL: Commissioner Solis, you want to
do the honors today?
COMMISSIONER SOLIS: Oh, I'd be honored to. Thank you.
(The Pledge of Allegiance was recited in unison.)
COMMISSIONER FIALA: Your hair looks pretty.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER FIALA: Yeah.
CHAIRMAN McDANIEL: I was actually having a bad -- I'm
having a bad hair life.
COMMISSIONER TAYLOR: He was confused. He thought
you were talking to him.
CHAIRMAN McDANIEL: But as I said, I'm having a bad hair
life.
So if -- and Commissioner Taylor just reminded me, you know,
September 10, 2019
Page 4
we're coming on some pretty special times, and if we don't -- if you
would, please, indulge. Tomorrow is the anniversary of 9/11 as well,
as our friends and neighbors in the Bahamas really took a hard time
last week.
So if you would, please, bow your head again for a moment of
silence and remembrance of those occasions.
(A moment of silence was observed.)
CHAIRMAN McDANIEL: Amen, thank you. Appreciate that.
And I appreciate you sharing -- reminding me for that. There's a lot
going on here, so...
COMMISSIONER TAYLOR: I'm sure there is.
CHAIRMAN McDANIEL: I get help all over the place.
Good morning. So let's move on.
Item #2B
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA) – APPROVED AND/OR ADOPTED
W/CHANGES
MR. OCHS: Good morning, Commissioners. Welcome back.
These are the proposed agenda changes for the Board of County
Commissioners' meeting of September 10th, 2019.
The first proposed change is to move Item 16H1 from your
consent agenda. That would move to Item 10B on your regular
agenda under Board of County Commissioners. It's a proclamation
regarding the Taiwanese government. That's moved at
Commissioner Saunders' request.
The next proposed change is to move Item 16A1 from your
September 10, 2019
Page 5
consent agenda to become Item 11C on your regular agenda. This is
a proposed Land Development Code amendment relating to
self-storage buildings along the U.S. 41 East corridor. That item is
moved at Commissioner Fiala's request.
And the final change that's proposed this morning,
Mr. Chairman, is to move Item 16D15 from the consent agenda to
become Item 11D on your regular agenda, and this is a proposed
resolution confirming and enacting previously Board-approved
advertising policies for your public transit system. This was moved
at Commissioner Fiala's request.
Those are all the changes I have this morning, Mr. Chairman.
CHAIRMAN McDANIEL: Outstanding.
All right. Let's go into our ex parte and approval of the agenda
and such adjustments.
So, Commissioner Solis.
COMMISSIONER SOLIS: No comments, no changes, and no
disclosures on any of the consent-agenda items.
CHAIRMAN McDANIEL: Outstanding.
COMMISSIONER FIALA: Ditto.
COMMISSIONER TAYLOR: No disclosures; no changes.
Thank you.
COMMISSIONER SAUNDERS: And same here, no
disclosures and no changes.
CHAIRMAN McDANIEL: And I, myself; how about that?
Whiz right through it. And I'll take a motion for the acceptance of
the agenda as proposed today.
COMMISSIONER FIALA: I'll make that motion.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the agenda as proposed today. Any other disc ussion?
(No response.)
September 10, 2019
Page 6
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.
Added
ARTIST OF THE MONTH – MARVIN ROUSE
CHAIRMAN McDANIEL: So with that -- before we go next,
I'm going to amend the agenda and come off just to -- because I'm
regularly forgetting the Artist of the Month. And while everyone is
here, I would like to recognize the Artist of the Month.
Our featured Artist of the Month is Collier County resident
Marvin Rouse, pronounced "Rouz." Rhymes with cows. Whoever
wrote this. Who wrote this? Did Sue write this?
COMMISSIONER TAYLOR: It was for you.
CHAIRMAN McDANIEL: Yes, it was. Okay. Marvin was
born and raised in Indianapolis -- forgive me -- Indiana and fulfilled
his dream to live where there were beaches and palm trees by
relocating to Collier County in 1998. He began his career in art at the
age of five, which has allowed him a lifetime of pursuing his passion.
Marvin views his art as creative communication with his soul to
others, and his work is a direct reflection of his own life experiences.
Marvin believes that art is not just seen. It's felt in one's heart
and in one's soul.
September 10, 2019
Page 7
So with that, when you have a moment, please have a look at his
presentations there in the back on the back wall.
Now we will move forward, sir.
MR. OCHS: Yes, thank you.
Proposed Agenda Changes
Board of County Commissioners Meeting
September 10, 2019
Move Item 16H1 to Item 10B: Proclamation designating October 10, 2019 as Republic of China
(Taiwan) Day in Collier County. To be hand delivered by Commissioner Penny Taylor at the Taipei
Economic and Cultural Office in Miami, Florida on October 3, 2019. (Commissioner Saunders’
request)
Move Item 16A1 to Item 11C: Recommendation to authorize staff to advertise for a future public
hearing, an ordinance amending the Land Development Code related to the creation of separation
standards for self-storage buildings on U.S. 41 between the east side of Airport-Pulling Road to the
west side of Price Street/Triangle Boulevard, pursuant to the recommendations of the U.S. 41
Corridor Study. (Commissioner Fiala’s request)
Move Item 16D15 to Item 11D: Recommendation to approve a Resolution superseding Resolution
No. 2016-140, establishing the Collier Area Transit Advertising Policy and Standards, Fee Policy,
and the Agreed Terms and Conditions for Advertising on Transit assets and facilities, to expand the
advertising policy, standards and fees to include digital advertising and a bench donation program,
as directed at the Board's July 9, 2019 meeting. (Commissioner Fiala’s request)
9/10/2019 2:43 PM
September 10, 2019
Page 8
Item #2B, #2C, #2D and #2E
JUNE 20, 2019 BCC BUDGET WORKSHOP MINUTES, JUNE 25,
2019 BCC REGULAR MEETING MINUTES, JULY 9, 2019 BCC
REGULAR MEETING MINUTES, AND THE AUGUST 31, 2019
EMERGENCY MEETING MINUTES FOR HURRICANE
DORIAN – ALL APPROVED AS PRESENTED
MR. OCHS: Commissioners, Item 2B is approval of the Board
workshop minutes from the June 20th, 2019, BCC budget workshop.
CHAIRMAN McDANIEL: Do we have to vote on all these
individually, or can we take them en masse, if there's no objection?
MR. OCHS: Your pleasure, sir.
COMMISSIONER FIALA: Take them all. So I vote to approve
Item 12B (sic), 12C, 12D.
MR. OCHS: Two.
COMMISSIONER FIALA: I'm sorry. 2, 2, 2, and 2E, and
these are the minutes from the BCC workshop and also from the
emergency meeting.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve these agenda items and previous minutes from our prior
meetings. 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.
September 10, 2019
Page 9
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. OCHS: Commissioners, that takes us to our service awards
this morning. If you'd be kind enough to join us in front of the dais.
CHAIRMAN McDANIEL: This is our favorite part. I don't
know I might need a wheelbarrow to haul all these awards down to
the front. Do we stay down there for the Employee of the Month,
too?
MR. OCHS: No.
Item #3A1
AWARDS AND RECOGNITIONS – EMPLOYEE – 20 YEAR
ATTENDEES – PRESENTED
MR. OCHS: Commissioners, we're thrilled this morning to be
able to acknowledge the efforts of several of our teammates who
have given literally decades of service to county government. We'll
begin this morning recognizing our teammates with 20 years of
service to county government, beginning with our parks and
recreation representative, 20 years of service, Jimmy Alaniz.
Analize, sorry. Jimmy?
(Applause.)
MR. OCHS: Celebrating 20 years of service with our library
division, Kara Godwin. Kara?
(Applause.)
MR. OCHS: Congratulations.
Celebrating 20 years of service with our road maintenance
division, David Hill.
(Applause.)
MR. OCHS: Congratulations.
September 10, 2019
Page 10
Celebrating 20 years with our Parks and Recreation division,
Jose Horta.
(Applause.)
MR. HORTA: Thank you. Thank you, guys.
MR. OCHS: Celebrating 20 years with our library division,
Susan Petr. Susan?
(Applause.)
MS. PETR: Thank you.
MR. OCHS: Congratulations.
And celebrating 20 years with our operations support division,
Yuejin Xue.
(Applause.)
MR. OCHS: Oh, don't see her. Oh, there she is.
COMMISSIONER TAYLOR: I think it's the way you
pronounced her name.
MR. OCHS: Juejin Xue. Sorry. Congratulations.
(Applause.)
Item #3A2
AWARDS AND RECOGNITIONS – EMPLOYEE – 25 YEAR
ATTENDEES – PRESENTED
MR. OCHS: We move on to recognizing our team members
with 25 years of service in county government. Beginning with our
utilities finance operations recipient, Pam Callis.
(Applause.)
MR. OCHS: Celebrating 25 years with our information
technology division, John Daly.
(Applause.)
MR. OCHS: That a boy, John.
September 10, 2019
Page 11
(Applause.)
MR. OCHS: Celebrating 25 years with our library system,
Denise McMahon.
(Applause.)
MR. OCHS: Congratulations, Denise.
COMMISSIONER FIALA: She said she started when she was
three.
MR. OCHS: Thanks, Denise.
And celebrating 25 years with our water division, Willie Pugh.
Willie?
(Applause.)
Item #3A3
AWARDS AND RECOGNITIONS – EMPLOYEE – 30 YEAR
ATTENDEES – PRESENTED
MR. OCHS: And, finally, this morning, Commissioners, we're
honored to recognize one of our colleagues with 30 years of
dedicated service to county government, from your water division,
Russell Greer.
(Applause.)
Item #3D1
EMPLOYEE OF THE MONTH – PRESENTED
MR. OCHS: Commission members, that moves us to Item 3D
on this morning's agenda. This is the Employee of the Month
presentation. The presentation for the June 2019 Employee of the
Month goes to Brianna Richards (sic), our veterinarian technician
September 10, 2019
Page 12
from the Public Services Department.
Brianna, if you'd please step forward and receive your award.
(Applause.)
COMMISSIONER FIALA: Congratulations.
MR. OCHS: Brianna, stand right there for a minute while I tell
the audience a little bit more about you. And so here we go.
Brianna joined our Domestic Animal Services as a veterinary
technician in February of 2018. The shelter vet erinarian was on
extended leave, and the second vet tech position was vacant, so
Brianna had to hit the ground running, and she surely did.
She quickly learned her way around the clinic and immediately
took over scheduling the spay and neuter surgeries for DAS. She
reorganized the clinic and the surgical suite to improve and increase
efficiency.
During her first six months when the shelter vet was out, she
triaged the injured and sick animals that arrived daily to determine if
they needed to be sent out to an emergency vet.
Brianna has an amazing work ethic and never hesitates to jump
in and lend her assistance with any situation that arises. Brianna
provides exceptional customer service both to the public and to our
internal customers, and she's unwavering in her dedication to DAS,
and her compassion and concern for all the lost and stray animals that
arrive daily at DAS make her truly deserving of the Employee of the
Month.
And, Commissioners, it's my honor to present Brianna Richards,
your 2019 Employee of the Month for June.
(Applause.)
MR. OCHS: Well, done.
Mr. Chairman, that moves us on to today's proclamations.
Item #4
September 10, 2019
Page 13
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION RECOGNIZING ASI MATERIALS, LLC AS
RECIPIENT OF THE WASTE REDUCTION AWARDS
PROGRAM (WRAP) AWARD, FOR CONTRIBUTING TO THE
GREATER GOOD OF COLLIER COUNTY BY ADVOCATING
THE "REDUCE, REUSE, RECYCLE" MESSAGE, THEREBY
HELPING TO PROLONG THE USABLE LIFE OF THE COLLIER
COUNTY LANDFILL. ACCEPTED BY TONY MIGLIAZZO,
OWNER OF ASI MATERIALS, LLC – ADOPTED
MR. OCHS: The first proclamation is Item 4A. It's a
proclamation recognizing ASI Materials, LLC, as recipient of the
Waste Reduction Awards Program, the WRAP Award, for
contributing to the greater good of Collier County by advocating the
"reduce, reuse, recycling" message thereby helping to prolong the
useful life of the Collier County Landfill. To be accepted this
morning by Tony Migliazzo, owner of ASI Materials, LLC.
If you'd please step forward, sir.
(Applause.)
CHAIRMAN McDANIEL: How'd he get past security?
MR. MIGLIAZZO: I didn't. I had a pocketknife I had to leave
that.
As long as I'm blocking Bill, that's good.
(Applause.)
MR. MIGLIAZZO: Appreciate it.
CHAIRMAN McDANIEL: Do you want to say a few words?
September 10, 2019
Page 14
COMMISSIONER FIALA: At the microphone.
CHAIRMAN McDANIEL: Yes? No? Maybe?
MR. MIGLIAZZO: No, that's okay. I'm going to set up a
meeting with you guys.
CHAIRMAN McDANIEL: I would like you to have that.
MR. MIGLIAZZO: Thank you for your time.
CHAIRMAN McDANIEL: Appreciate you doing what you do.
MR. MIGLIAZZO: It's well earned, I can tell you.
Item #4B
PROCLAMATION DESIGNATING SEPTEMBER 2019 AS
NATIONAL RECOVERY MONTH IN COLLIER COUNTY, TO
INCREASE AWARENESS AND UNDERSTANDING OF
MENTAL AND SUBSTANCE USE DISORDERS AND TO
CELEBRATE THE PEOPLE WHO RECOVER. ACCEPTED BY
SCOTT BURGESS, PRESIDENT & CEO, AND NANCY
DAUPHINAIS, CHIEF OPERATING OFFICER, DAVID
LAWRENCE CENTER – ADOPTED
MR. OCHS: Item 4B is a proclamation designating
September 2019 as National Recovery Month in Collier County to
increase awareness and understanding of mental health -- excuse
me -- mental and substance use disorders and to celebrate the people
who recover.
To be accepted by William O'Neil, board chair; Nancy
Dauphinais, chief operating officer from the David Lawrence Center;
along with staff members and clients of the David Lawrence Center
drug count program.
(Applause.)
September 10, 2019
Page 15
Item #4C
PROCLAMATION DESIGNATING SEPTEMBER 2019 AS
SUICIDE PREVENTION AWARENESS MONTH IN COLLIER
COUNTY. ACCEPTED BY SHAINA ANDERSON, BOARD
TREASURER OF THE FLORIDA SOUTHWEST CHAPTER OF
THE AMERICAN FOUNDATION FOR SUICIDE PREVENTION,
AND MEMBERS OF THE COLLIER COUNTY MENTAL
ILLNESS AND ADDICTION ADVISORY COMMITTEE –
ADOPTED
MR. OCHS: Item 4C is a proclamation designating
September 2019 as Suicide Prevention Awareness Month in Collier
County.
To be accepted by Shaina Anderson, board treasurer of the
Florida Southwest Chapter of the American Foundation for Suicide
Prevention, and members of the Collier County Mental Illness and
Addiction Advisory Committee.
If you'd please step forward.
(Applause.)
MS. ANDERSON: They go hand in hand. I don't know what to
tell you.
CHAIRMAN McDANIEL: Do you want to say a few words?
MS. ANDERSON: Good morning. My name is Shaina
Anderson, and I'm here as one of the executive board members with
the Southwest Florida Division of the American Foundation for
Suicide Prevention and also as a licensed mental -health counselor
and facilitator for one of Collier County's survivors of the suicide
support group offered at Project Help.
On behalf of the AFSP, I'd like to thank the Collier County
Board of County Commissioners and the Mental Health and
September 10, 2019
Page 16
Addictions Ad Hoc Committee for recognizing September as Suicide
Prevention Month and their efforts towards ensuring their quality
mental-health services available to everyone in the community.
According to the District 20 Medical Examiner's Office,
approximately 55 individuals died by suicide in 2018 in Collier
County. As a community, it's important we educate ourselves about
the warning signs of those who may be didn't contemplating suicide
and intervene when possible, recommending the resources available
to assist those individuals.
We urge community members to come out and participate in
Collier County's annual Out of the Darkness Walk with the American
Foundation for Suicide Prevention to support those affected by
suicide. The walk is being held at the North Collier Regional Park on
December 8th, 2019, starting at 8 a.m. If you'd like more
information, please visit the American Foundation for Suicide
Prevention website at www.AFSP.org.
For individuals who may need help, they can reach out to the
National Suicide Prevention Lifeline at 1-800-273-TALK or text
"hello" to the crisis text line at 741741.
Thank you again, Commissioners, for taking the time to
recognize this proclamation today.
(Applause.)
Item #4D
PROCLAMATION DESIGNATING SEPTEMBER 12 AS
HUNGER ACTION DAY IN COLLIER COUNTY. ACCEPTED
BY RICHARD LEBER, PRESIDENT AND CEO, HARRY
CHAPIN FOOD BANK – ADOPTED
MR. OCHS: Item 4D is a proclamation designating
September 10, 2019
Page 17
September 12th as Hunger Action Day in Collier County. To be
accepted by Richard LeBer, president and CEO of the Harry Chapin
Food Bank.
COMMISSIONER FIALA: Thank you.
MR. LeBER: Good morning, Commissioners.
Thank you again for this. We really appreciate it.
It's probably easy to forget, given how beautiful and how
prosperous Collier County is and with the terrible news, of course,
coming out of the Bahamas recently, that hunger is an issue that
exists closer to home as well.
We have lots of hungry people in Collier County. We see
working families and seniors on fixed incomes, particularly. Other
vulnerable populations, of course, exist within that: Children and
veterans.
Our statics suggest that about one in 10 people in Collier County
will experience an episode of hunger this year and about one and five
children. Over 12,000 children in Collier County will experience
hunger at some point this year.
The stories are very typical. We have a family, the Garcias.
Their son, London, came to our attention at one of our food
distributions. London's mom is a school teacher. London's dad
works in constructions. London's mom was expecting a little baby
sister and, unfortunately, when the sister was born, she was born with
some fairly significant health issues, and Mom had to take time off
work and be home with the baby for an extended period of time.
And given that their budget was tight, that really meant that
there wasn't enough income coming into the family for an extended
period, and they needed assistance, and that's why they came to our
pantry. We see lots of those kinds of circumstances all the time,
which is why we run mobile pantries and we build emergency kits
and we distribute senior kits and we distribute food to 35 independent
September 10, 2019
Page 18
organizations free of charge throughout Collier County, and we've
been doing that for 25 years.
In the last year we distributed over five million pounds of food
in Collier County. That's, for those of you who have a hard time
imagining that, about 125 semitrailer loads of food over the course of
the year in Collier County alone.
So Hunger Action Day is September the 12th. We encourage
people to get involved, to participate, to donate, to support local
organizations like one of the 35 organizations we support, to wear
orange if they're feeling particularly festive, that being the hunger
action color, and we really appreciate your support and this
proclamation today.
Thank you so much.
(Applause.)
Item #4E
PROCLAMATION DESIGNATING SEPTEMBER 9 -
SEPTEMBER 15, 2019 AS NATIONAL PATRIOTISM WEEK IN
COLLIER COUNTY. ACCEPTED BY JUDITH ROMERO, VICE-
PRESIDENT, NAPLES ELKS LODGE #2010, AND RAYMOND
AND ANNA MARIE HONAN, MEMBERS OF NAPLES ELKS
LODGE #2010 – ADOPTED
MR. OCHS: Item 4E is a proclamation designating
September 9th through the 15th, 2019, as National Patriotism Week
in Collier County. To be accepted by Judith Romero and Raymond
and Anna Marie Honan, members of the Naples Elks Lodge
No. 2010. If you'd please step forward.
(Applause.)
CHAIRMAN McDANIEL: Outstanding.
September 10, 2019
Page 19
MS. HONAN: I'd like to thank Donna's office for helping us
find out how to go about this process and thank everyone for this
proclamation.
We're part of the -- I'm chairman of the Americanism part of the
Elks, and what we do is we try to have children and older people get
to know about our country.
And this week, as part of the celebration, we will be giving
certificates out to two brand-new citizens; one on Wednesday and
one on Friday. And the rest of the next month we will be having the
schools write compositions on freedom of speech.
Thank you very much for this proclamation.
(Applause.)
COMMISSIONER FIALA: And they have the best hot-dog
Saturday you could ever imagine every single Saturday starting at
11:30.
MS. HONAN: Free advertising.
Item #4F
PROCLAMATION DESIGNATING SEPTEMBER 2019 AS
PAYROLL AWARENESS MONTH IN COLLIER COUNTY IN
COORDINATION WITH THE ANNUAL NATIONAL
CAMPAIGN TO RECOGNIZE PROFESSIONALS IN THE
PAYROLL INDUSTRY AND TO ENCOURAGE EMPLOYEES
TO LEARN MORE ABOUT PAYROLL WITHHOLDINGS,
PAYROLL-RELATED BENEFITS AND HOW THEIR
PAYCHECKS ARE CALCULATED. ACCEPTED BY MEMBERS
OF THE CLERK'S PAYROLL PROCESSING TEAM: LESLIE
MILLER, LORI BROWN, LINDA ZASTROW & ERIN
ROXBERRY – ADOPTED
September 10, 2019
Page 20
MR. OCHS: Item 4F is a proclamation designating
September 2019 as Payroll Awareness Month in Collier County in
coordination with the annual national campaign to recognize
professionals in the payroll industry and to encourage employees to
learn more about payroll withholdings, payroll related benefits, and
how their paychecks are calculated.
To be accepted by members of the Clerk's payroll processing
team: Leslie Miller, Lori Brown, Linda Zastrow, and Erin Roxberry.
If you'd please step forward.
Good morning. Thanks for getting everybody's checks out on
time.
COMMISSIONER FIALA: Thank you for your service.
CHAIRMAN McDANIEL: Who wants to hold the
proclamation? Very good.
MR. OCHS: Congratulations.
Item #4G
PROCLAMATION DESIGNATING SEPTEMBER 2019 AS JOIN
SCOUTING MONTH IN COLLIER COUNTY. ACCEPTED BY
PHIL LEBOEUF AND JAMES GILES – ADOPTED
MR. OCHS: Item 4G is a proclamation designating
September 2019 as Join Scouting Month in Collier County. To be
accepted by Phil Leboeuf and James Giles.
COMMISSIONER FIALA: Did your dad used to be the Clerk
of Courts at one point in time?
MR. GILES: He was not the Clerk of Courts, but we mowed a
lot of lawns in Auburndale, Florida.
One more special presentation for Shane.
COMMISSIONER SOLIS: What's the award?
September 10, 2019
Page 21
MR. GILES: I'll talk about that. Patience. Patience.
COMMISSIONER FIALA: Is that something you teach?
MR. GILES: It's the 13th point of the Scout Law,
Commissioner Solis.
CHAIRMAN McDANIEL: I missed that point.
MR. GILES: Although, Commissioner Fiala, I'm not sure the
hot dogs being served on a Saturday campout are the kind that they're
doing at the Elks Lodge, but the boys and girls come back, and they
survive the weekend, and that's always a victory.
Thank you for having us today. We had a special presentation
for Shane here. He earned the Charles H. Townes Supernova Award
which required six months of study and a report on Dr. Townes who
is a Nobel prize winner in physics. And it's part of our STEM
program that started in 2010 with a grant with National Boy Scouts of
America to bring together all the STEM-type activities that our merit
badge program and Cub Scouting program do already, bring it
together so that they can earn an award that recognizes their
achievement in STEM study.
So with Boy Scouts of America, we -- last year we grew Cub
Scouts, which is our elementary-age program, 10 percent.
Commissioner Fiala, you and I met in your office several years ago
when I said we're working hard to serve East Naples, and we're
making really good progress in East Naples with the communities
there and getting them familiar with what scouting is and how it can
benefit their children and family.
We had a 4 percent overall growth in scouting last year.
Twenty-eight Eagle Scouts, including two Immokalee Eagle Scouts,
in a joint ceremony. And thank you, Commissioner McDaniel, for
attending that. They appreciated it. Their families did.
And to see those communities come together for young men and
honoring them was really special and showed the dedication of our
September 10, 2019
Page 22
volunteers.
Speaking of our volunteers, I'm happy to report that our
community fundraising giving increased by 50 percent last year, and
we attribute that to several things. One of the key factors is this
concept of family scouting.
The whole family has been involved in scouting for 20, 30
years. It's been something that's quietly happened, and National Boy
Scouts of America formalized that with allowing girls to join Cub
Scouts in October of 2018 and now the Scout BSA program in
February of 2019.
And I'm proud to report we have the first troop of girls right here
in Collier County in the entire Southwest Florida region chartered by
the VFW Post 7721 and led by Scoutmaster Maggie Lincoln, which I
think is interesting. She has no daughters. She has that sons and
wanted to make sure that all girls in Collier County who wish to be
part of Boy Scouts of America programs could do that.
So right now join Scout Month. Thank you for that. Any of
your grandchildren or great grandchildren or children can join. You
can go to beascout.org, beascout.org, find a group that's right in your
neighborhood, no matter what level of program, and sign them up or
request information.
Commissioners, thank you for your support for the scouting
program in Collier County, and thank you to the Leboeuf family, and
congratulations to Shane.
COMMISSIONER SOLIS: Congratulations.
(Applause.)
MR. OCHS: Mr. Chairman, could we get a motion to approve
today's proclamations, please.
CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER SAUNDERS: So moved.
COMMISSIONER FIALA: Second.
September 10, 2019
Page 23
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the proclamations as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR SEPTEMBER 2019 TO SCORE NAPLES. TO
BE ACCEPTED BY CHERYL MCDONNELL, PRESIDENT OF
THE NAPLES CHAPTER OF SCORE. ALSO ATTENDING IS
BETHANY SAWYER REPRESENTING THE GREATER NAPLES
CHAMBER OF COMMERCE – PRESENTED
MR. OCHS: That moves us to Item 5A, which is a presentation
of the Collier County Business of the Month for September 2019,
which is SCORE Naples. To be accepted by Cheryl McDonnell,
president of the Naples chapter of SCORE, and also Bethany Sawyer
representing the Greater Naples Chamber of Commerce.
CHAIRMAN McDANIEL: Somebody gets to hold the plaque
besides me.
MS. McDONNELL: Good morning. First of all, on behalf of
the 70 counselors that make up our SCORE chapter here in Naples --
September 10, 2019
Page 24
hard to believe but it's true -- we have one of the best chapters in the
country, and we're nationally recognized for that.
Just a little elevator speech about what SCORE does is basically
we're a national organization. We have over 10,000 volunteers and
300 chapters nationwide, and what we do is we mentor people that
are thinking about getting into business or people tha t are in small
business and need help all the way through the life of their business.
I'm happy to say that on a monthly basis, we receive requests
for -- 45 to 50 requests for counseling by 45 to 50 individuals every
single month. Price Waterhouse credits us for helping start 200
businesses in Collier County every year.
And so I want to thank you all for this wonderful honor, and
hopefully we'll be back again. Thank you.
(Applause.)
Item #6A
PUBLIC PETITION REQUEST FROM MR. BILL WINGATE
REQUESTING THAT THE BOARD OF COUNTY
COMMISSIONERS DISCUSS ACTIONS OF COPE LANE
WATER MANAGEMENT - MOTION TO BRING THIS ITEM
BACK AND ADVERTISE FOR A PUBLIC HEARING –
CONSENSUS
MR. OCHS: Item 6A is a public petition request from Mr. Bill
Wingate requesting that the Board of County Commissioners discuss
actions on Cope Lane water management.
Mr. Wingate.
MR. MILLER: Mr. Chairman, I have received four speaker
slips on this item now. According to the agenda, we don't take
speakers on this item. So would you like me to transition them into
September 10, 2019
Page 25
public comment or -- I got a chance to alert one of the speakers
before the meeting. I've received the rest of the slips since the
meeting started.
CHAIRMAN McDANIEL: We don't traditionally hear public
speakers on items such as this. If it comes back as an agenda item,
then we certainly would.
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: But as a general rule, this is
Mr. Wingate's opportunity to share his issues, and then in the event
that the Board chooses to physically advertise and hear the item, then
we will accept public speakers.
MR. MILLER: Okay. Fine, sir.
MR. WINGATE: Thank you, Commissioner. My name is Bill
Wingate. I am representing the residents -- 10 residents of Cope
Lane. One of the residents is a builder who is not residing -- I'm not
sure what they're doing with the property. But I'm representing the
10 residents that currently reside on Cope Lane in Naples, Florida.
Four years ago, a weir was placed on the southwest side of our
property on County Barn Road at an elevation of eight feet. At the
end of our ditch is an 18-inch drain. Basically, our drain on our west
side of our road is at 18 inches, which backflows our ditch and does
not drain our ditch.
Needless to say, our swales on our street have been adversely
affected by the weirs on County Barn Road. They were placed just
south of our road. On top of that, on the east side of our road, we
have a weir that's 50 yards to the south of Cope Lane which is closed.
From 700 feet west -- east on Cope Lane, it's supposed to drain east,
and it says so on the permit was that -- the ERP permit that was a
whole part of the LASIP program for our section of the community.
I'm sorry. I've got a cold. I'm trying to shake it.
This east end weir is diverting water to the north, to the north
September 10, 2019
Page 26
side of our ditch, from east of Santa Barbara, the new developments
that are going on over there. Seychelles and everything north of that
comes into a ditch culvert, shoots directly across Santa Barbara
Boulevard to the south side of our ditch, which there's a pipe that
goes right into the south side of Santa Barbara Canal.
Cope Lane runs east and west. County Barn Road, Santa
Barbara runs south. Water goes south. They're diverting water from
the south side of our ditch to the north side, and then shooting it east
down our ditch when it rains in massive quantities like you have
never seen before. I've got videos for the past four years and pictures
of it, and I've even shown the directors on site when water has been
flowing in after rains.
Basically, what we're getting is massive water from the east,
massive water from all of our five-acre tracts. We're in the Estates.
We all have five-acre tracts. A couple of us have
two-and-a-quarter-acre tracts. But we have massive water that falls
on us just from God himself.
We don't need outside influences of water coming from the east
and the north because we take the overflow from Falling Waters, and
it's supposed to go west, which it doesn't go west because we've got a
lake down there owned by Collier County that has an elevation set so
high.
This morning I took pictures, and it's 12 inches deep where our
northside lake drains into the county lake. They've got the elevation
on that so high because the weir on County Bar n Road is set at
eight feet, and it's backing up.
And also we take on the fallout water from Unity Church, which
is about a 25-acre tract of land that falls into a five-acre body of
water, a lake, which goes into our north ditch that supposed to flow
west in perpetuity, which does not now. It's backing up on the north
side of our ditch. All of this that we've been complaining about for
September 10, 2019
Page 27
the past four years.
Last year we had some people in the -- at the county and water
management that was giving us some relief. When we took on lots of
water, they would lower the weirs for us for a few days, and then they
would jack them back up, and here the water would come after it
rains, and we'd be flooded out again.
I've got pictures of my front yard and all of our front yards that
have water in them since June. This is -- this is the northside ditch.
It's supposed to drain the lake. It's not flowing. It's over a foot deep.
This is the culvert on the northside ditch that's not flowing west
because the lake -- it's right in front of Falling Waters. That's across
the street. Not only compounded by all of the water that we're
holding in our swales, it's destroying our roadbed on Cope Lane.
Last weekend we had a sinkhole open up in front of Ms.
McGuire's property. See how high the grass is? They can't go in
there and maintain that, because their water's not flowing in
perpetuity. The county's holding our water back from flowing west.
This is the east end of our ditch. See, the water comes from
across, comes north, comes in our east ditch and fills up the swales.
And at the other end of this canal, on the other end of our street, west,
we've got a weir that's clogged up, and it won't -- it won't drain west.
So this water sits in our swales, and we basically develop habitats for
animals from June till November.
This is dye right here going north, or I'm sorry, going east. This
is the ditch that goes into the county lake. It's 12 inches deep right
there. This water's supposed to be flowing to the west. It's flowing
east coming in from the lake, flowing up our north ditch. It's not
flowing in perpetuity. We are supposed to have our water flow west
onto Cope Lane. The first 700 feet at the end of it is supposed to
flow east, and it says so in the ERP permit that South Florida Water
Management has put on us. We've been arguing about this for quite
September 10, 2019
Page 28
some time. This isn't just a new thing here.
This is Mr. Davis' front yard. It's been like this since June. It's
about six foot across. It's about a foot dee p. I just saw the lily pads.
This is the west end of Cope Lane. See how high this water is
here? It hasn't rained in six days. We've had maybe two traces of
rain in six days. This is 18 inches deep right here. Let me spin that
around for you. That's 18 inches deep right there. That's the end --
that's what our ditch is supposed to drain in to. It can't drain in to
that.
Our first residence, 600 feet from this drain, their front ditch is
destroyed now. Nice St. Augustine grass is just mud because his
ditch won't drain unless this is all down all the way to the bottom.
There's a massive canal right there that this drains in to, and they're
clogging this up.
Drainage rights -- oh, to compound all of this, the Santa Barbara
Canal has weirs -- fixed weirs before it gets to Royal Wood. The
south side of our problems is bordered by Cruz Road, which runs into
the back of Fleet Management. A long time ago the county stopped
that road, built Fleet Management there.
So all of the water that runs on the south side of our property is
on Cope Lane, all of our Estates properties stops at that ditch, and
that ditch is backfilling into the back of our properties. Our five -acre
tracts of land all across the south side of Cope Lane is taking on
water because Collier County Government and South Florida Water
Management is stopping up the water and our flow of perpetuity
through the back of our properties.
That's a violation of our private-property drainage rights. We
have permitted private properties on Cope Lane. No government
authority. No land attorney. Nobody can stop the flow of water
going off of permitted private property. 1989 case, the Florida
Supreme Court's determined that. All cases after that have been
September 10, 2019
Page 29
directed to that case.
Express, implied, or prescriptive easements are not the only
means by which a property may achieve legal positive outfall. Legal
positive outfall is a right arising out of land ownership that was
considerably strengthened by this Florida case law. According to
these cases, downstream properties must accommodate reasonable
flows from upstream properties in perpetuity.
The ERP program, which this is a part of, states the purpose of
the ERP program is primarily to ensure that downstream properties
are not flooded by activities conducted on upstream property and vice
versa; that existing flooding problems are not exacerbated by new
developments. That's what's going on. There's new developments on
the east side of Santa Barbara Boulevard that's pumping water
straight down our street. We're already a low street. We don't need
extra water.
Historic drainage patterns are mimicked, and the historic rate of
discharge of surface water is allowed from a permitted property onto
or through another property is maintained. They're violating every
law that has anything to do with common law drainage rights in
Florida, and they're violating their own guidelines in their own ERP
programs by exacerbating our water. They're dumping massive
amounts on us, and they're stopping it from flowing out.
In the simplest form, civil law rule says that landowners are
strictly liable for altering the natural drainage of surface water.
CHAIRMAN McDANIEL: Mr. Wingate?
MR. WINGATE: The rule, thus, is exactly opposite of the
common enemy rule. Landowners have --
CHAIRMAN McDANIEL: Mr. Wingate?
MR. WINGATE: -- have no right to alter drainage --
CHAIRMAN McDANIEL: Mr. Wingate?
MR. WINGATE: Yes, sir.
September 10, 2019
Page 30
CHAIRMAN McDANIEL: Your time is up.
MR. WINGATE: Oh, I'm sorry.
CHAIRMAN McDANIEL: If you are almost completed, I'll
permit you to go forward, but your time limit is up, sir.
MR. WINGATE: Okay. I'm sorry, sir.
CHAIRMAN McDANIEL: No. There's no sorries.
MR. WINGATE: I wish I had an hour; I really do.
CHAIRMAN McDANIEL: Wrap it up. You do not.
MR. WINGATE: Basically, we are all Estate owners on Cope
Lane.
CHAIRMAN McDANIEL: We heard all that. Are you done?
Because I'm going to ask my colleagues for questions, and then we're
going to go forward, sir. You've made your point, certainly.
MR. WINGATE: Thank you, sir.
CHAIRMAN McDANIEL: Do my colleagues have any
questions for Mr. Wingate?
(No response.)
CHAIRMAN McDANIEL: If not -- do you or no? I mean,
again, I'm not interested -- we are not going to address this issue
today. This is your right to come forward and appeal for the Board to
make a motion to bring forward a public advertised hearing at a later
date. If one of my colleagues chooses to do that, then that's the path
that we'll travel.
But other than that -- Commissioner Saunders, you lit up.
COMMISSIONER SAUNDERS: Yeah, we have a fairly
lengthy report from our staff on this particular topic. I don't have any
problem in bringing this back just to have a little bit broader
discussion. I will tell you, your front yard looks just like mine. Your
swale looks just like mine. It's -- I have -- I live off of -- in Logan
Woods, and the swales are flooded all summer long just like yours.
So I'm not really compelled by -- or I don't find that water in the
September 10, 2019
Page 31
swales is a particular problem, because they're designed to hold
water. But I would support bringing this back for a little further
discussion.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: I'll second it.
CHAIRMAN McDANIEL: It's been moved and seconded that
we slate this for a future date to bring back and advertise as a public
hearing.
COMMISSIONER FIALA: I also want to add, because our
people down in Growth Management are approving other
developments to be built right in those wetlands or right on the
outskirts of the wetlands, but they're going to build them up higher
because there's wetlands there, and I'm thinking that we're really
going to have a lot of problems. I think there's three or four
developments going in there.
CHAIRMAN McDANIEL: There are.
COMMISSIONER FIALA: And, you know --
CHAIRMAN McDANIEL: We'll go through that entire process
when staff gives their presentation. Mr. Wingate's --
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: -- asked for, he's received his time,
and you will have a future date scheduled, sir.
MR. WINGATE: May I make one more comment, sir?
CHAIRMAN McDANIEL: No.
COMMISSIONER SAUNDERS: Mr. Chairman, the report that
I have, a lot of it's from the Big Cypress Basin. So perhaps
somebody from the Basin can --
CHAIRMAN McDANIEL: Yep. We'll have it all -- we'll have
them all here at the --
COMMISSIONER FIALA: Could you send me a copy?
CHAIRMAN McDANIEL: It was given to us.
September 10, 2019
Page 32
COMMISSIONER FIALA: Oh, it is?
CHAIRMAN McDANIEL: We all had it, yes.
COMMISSIONER SAUNDERS: It was distributed to all of us.
You can have my copy.
CHAIRMAN McDANIEL: Thank you, Mr. Wingate.
It's important that folks understand that these items such as this
are not advertised. They're not a public hearing. It's not a portion of
discussion. The discourse is for you to come forward and petition
and ask for a public hearing at which point you will be advertised.
We will accept public speakers. Mr. Riffle and the like, to be able to
come and support arguments one way and the other, just so you
understand procedurally. I'm not being too awfully rude. I'm just --
MR. WINGATE: Not at all.
CHAIRMAN McDANIEL: -- trying to move through the
process.
MR. WINGATE: Thank you.
CHAIRMAN McDANIEL: Yes.
Item #10A
APPOINTMENT OF MEMBER TO REPRESENT COLLIER
COUNTY ON THE LAKE OKEECHOBEE SYSTEM OPERATING
MANUAL (LOSOM) PROJECT DELIVERY TEAM - MOTION
TO APPOINT COMMISSIONER TAYLOR – APPROVED
MR. OCHS: Commissioners --
CHAIRMAN McDANIEL: Move on.
MR. OCHS: -- that moves us on to Item 10A. This is an
appointment of a member to represent Collier County on the Lake
Okeechobee System Operating Manual Project Delivery Team.
COMMISSIONER SAUNDERS: I don't know if there's a
September 10, 2019
Page 33
presentation or not on this, Mr. Chairman, but I understand that we're
to make an appointment of one of our members to this.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: And --
CHAIRMAN McDANIEL: Do we have a volunteer?
COMMISSIONER SAUNDERS: Commissioner Taylor, I
think, probably would enjoy that. So if she would, I would --
CHAIRMAN McDANIEL: I'll second the motion.
COMMISSIONER SAUNDERS: We have a motion.
CHAIRMAN McDANIEL: It's been moved and --
COMMISSIONER SOLIS: I'll third.
CHAIRMAN McDANIEL: -- seconded that Commissioner
Taylor accept the volunteer position to serve on this advisory -- in
this advisory capacity.
COMMISSIONER FIALA: I third that.
CHAIRMAN McDANIEL: It's been thirded. Is there any other
discussion?
(No response.)
COMMISSIONER SOLIS: She's been volunteered.
CHAIRMAN McDANIEL: She's been volunteered.
COMMISSIONER TAYLOR: I've been volunteered.
COMMISSIONER SOLIS: Voluntarily volunteered.
CHAIRMAN McDANIEL: And readily accepts.
MR. CASALANGUIDA: Voluntold.
CHAIRMAN McDANIEL: To that end, if there's no other
discussion, all in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
September 10, 2019
Page 34
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Congratulations.
COMMISSIONER TAYLOR: Thank you.
Item #10B
PROCLAMATION DESIGNATING OCTOBER 10, 2019 AS
REPUBLIC OF CHINA (TAIWAN) DAY IN COLLIER COUNTY.
TO BE HAND DELIVERED BY COMMISSIONER PENNY
TAYLOR AT THE TAIPEI ECONOMIC AND CULTURAL
OFFICE IN MIAMI, FLORIDA ON OCTOBER 3, 2019 –
ADOPTED
MR. OCHS: Item 10B, which was moved at this morning's
change sheet, which was previously Item 16H1, is now Item 10B.
This is a proclamation designating October 10, 2019, as Republic of
China Day in Collier County.
And Commissioner Taylor had this item scheduled for
presentation next month in Miami. Commissioner Saunders brought
this one forward.
COMMISSIONER SAUNDERS: Mr. Chairman, the reason I
asked this to come off the consent agenda, it has nothing to do with
the particular proclamation itself. But we do designate certain days
as days to honor certain people and certain events and that sort of
thing. And from my view, those are pretty special awards or pretty
special things that we do here.
And so I don't think they should be on the consent agenda; that's
all. I think there should be a discussion as to what it is, and then we
vote on it. So I just wanted it to be a more formal procedure as
September 10, 2019
Page 35
opposed to just having these types of designations on the consent
agenda.
I remember many years ago I was the beneficiary of one of the
days here in Collier County when I left the Florida Senate, and I
remember being here, and it was very special, and I think that's the
way we ought to do these. So that's why I took this off the consent
agenda.
COMMISSIONER TAYLOR: Oh.
COMMISSIONER SAUNDERS: And I think we ought to be
pretty discreet in terms of how we do this in terms of the number to
keep it special.
So I'd like a little explanation and then a vote.
COMMISSIONER TAYLOR: Okay. Well --
CHAIRMAN McDANIEL: And the reading of the
proclamation.
COMMISSIONER TAYLOR: Oh, it's a long one. I'm not sure.
But Taiwan has been a friend of the United States for many, many
years, but specifically for Collier County most recently in the year
2017.
CHAIRMAN McDANIEL: That was huge.
COMMISSIONER TAYLOR: Director General Wang at the
time called my office up -- I was chairman at the time -- and said, you
know, I'd like to come over and talk to you, so I said, that's fine.
And that was probably in May or June of that year. And he
explained about Taiwan, that it's got 24 million people, how big it is,
similar -- similar climate but also a very established technological
leader in the world.
And he explained about the cultural office in Miami an d that he
goes around Florida, and it's just basically to make everyone
acquainted, and it was a lovely, simple meeting in our conference
room.
September 10, 2019
Page 36
And then September 10th happened and Irma came. And within
one week I got a call from his office, and he said, we'd like to come
over. I'm bringing over the Tzu Chi Foundation. Can you meet us?
I said, this is crazy. I mean, there's a hurricane.
We want to come over.
And he came over, and he came over with another person from
his office and with his staff members. And a long story short, within
three weeks, this Tzu Chi Foundation based in Taiwan delivered
$385,000 to over 856 households in Collier County.
And he had never met the Tzu Chi folks before, but he knew
about Collier, and he remembered of me discussing what our -- how
very -- it was in all the beach (sic). You know, there were different
communities. And the time and the caring and the outreach endeared
that country to me.
And subsequently we've -- we have -- well, it's October the 3rd
they have the National Republic of China National Day, and it's a
huge celebration.
And he's asked for a proclamation. And we did it last year, and
I'd like to see if there's agreement to do it this year.
COMMISSIONER FIALA: Yes, I would agree. But I wanted
to say, didn't they also help with Everglades City? Really went above
and beyond, because Everglades City was hit so badly.
COMMISSIONER TAYLOR: Yes. It was Everglades City. It
was Goodland. And it was --
COMMISSIONER FIALA: Yeah, they were in Goodland, too.
COMMISSIONER TAYLOR: -- on Radio Road there's a trailer
park, they went. They met folks -- the City of Naples cooperated. It
was an interesting thing.
The gentleman is Mr. Chen, and he's out of New Jersey. And I
remember Director General Wang as we drove around because, first
of all, the criteria was he had to see the areas first before he -- he had
September 10, 2019
Page 37
to evaluate it. He wasn't just going to come in here and give money.
Then we had to create a list of names of the people to receive
these with their emails, which speaks volumes in Collier County of
the ground roots effort and also the ability for our community to
know who lives there. I mean, we're not that big anymore. You
know, we're big, but we're not. They were able to identify people.
There was a time that they had to come and show up with proper ID,
and then the money was dispersed at that time.
So it was an extraordinary effort. Jaction (sic) 10 was very
clear, there was no compromise. This is the way it had to be done.
And through the Taiwan embassy, this gift to Collier County was
made. I do hold them close to my heart.
And also, just as an aside, they happen to have a woman
president for the last three or four years, which is kind of nice.
CHAIRMAN McDANIEL: It sure is.
Commissioner Solis.
COMMISSIONER SOLIS: I just had a question that in the
proclamation there's a reference to sister city relations.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER SOLIS: I'm wondering, are we officially
sister cities, or are we working on that?
COMMISSIONER TAYLOR: We're working on it. They came
in January of this year and suggested that we might want to get
involved with that, and I gave that material to our County Manager.
The research is done, and so now we're moving that in the right
direction, and it's with -- specifically with a province that is very
similar to ours in terms of the agricultural and then the tourism.
And so I find it fascinating, and I look forward to that being
resolved. And I said, well, if we do become sister province s or sister
cities, what happens?
He said, well, you can come to Taiwan.
September 10, 2019
Page 38
And I said, well, I'm not sure we're going to do that.
He said, okay. We'll come to you.
CHAIRMAN McDANIEL: There you go.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Just I want to thank the Board
for your indulgence in making this a much more formal process.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: Again, this proclamation
designates October 10th as Republic of China Taiwan Day in Collier
County, and I think that's a special type of a thing. So if you'll make
the motion, I'll second it, and I appreciate that being part of our
process.
COMMISSIONER FIALA: Thanks for pulling it off, because
we learned a lot. Thank you.
CHAIRMAN McDANIEL: You want to move the actual
reading to the first meeting in October, a little closer to the day?
COMMISSIONER SAUNDERS: I don't think we need to read
it.
CHAIRMAN McDANIEL: Okay. I'm fine with that. I'm just
asking preference.
COMMISSIONER TAYLOR: So I'll make a motion that we
accept the proclamation. Thank you.
COMMISSIONER SAUNDERS: I'll second.
CHAIRMAN McDANIEL: It's been moved and seconded that
the proclamation be accepted. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
September 10, 2019
Page 39
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. And thank you.
COMMISSIONER TAYLOR: No. Thank you.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, I'd like to jump back to Item 7, if
we could; public comments on general topics --
CHAIRMAN McDANIEL: We did skip over that, didn't we?
MR. OCHS: -- not on the current or future agenda.
MR. MILLER: Mr. Chairman, I have two registered speakers.
Your first speaker is Rae Ann Burton. She will be followed by
Garrett Beyrent.
CHAIRMAN McDANIEL: I saw Rae Ann over there and
wondered how we got past her. Good morning.
MS. BURTON: Good morning. Welcome back.
I hope all are rested and ready to go. I'm Rae Ann Burton from
rural Golden Gate Estates.
I'm here under protest. Protest against four villages planned in
the very same area as Rural Lands West. But as villages, eliminating
the strict rules for a town, faster building time, and less cost. Rural
Lands West was 10,000 homes, 1.9 million square feet commercial
on 4,000 acres.
Village state 95,500 square feet civic uses, government,
institutional, hospital, rehabs, jails, buildings you don't want in
Naples.
September 10, 2019
Page 40
These villages will create more entrances and exits on Oil Well
and DeSoto, even direct connections to Everglades, giving
grandfathering rights to protect the lands from eminent domain
causing the acquisition of homeowners' land for roads and drainage;
promise usage of amenities to Golden Gate, but at what cost?
They promised 43 percent more prices, 250,000 to 450,000,
stating it is lower than available. Not true. Communities off
Immokalee closer to the amenities are 200,000. Still have many
homes unsold.
Growth is great but with reason. These villages just restruct
(sic) Rural Lands West without the stricter rules of building a town
but will cover the same area with less cost and faster build time by
building them next to each other. Even one has Immokalee cutting it
in two as Rural Lands West. Was this their plan all along?
This destruction of land to create massive connected villages
will disrupt the rural environment, create more road traffic and
accidents. We don't want to be urban. We want to stay rural. Please
re-think these plans to maintain the sanctuary of Golden Gate Estates.
Original plan required 2,000 acres, restored 900 farms, wetland and
habitat.
Ninety percent land with farms there's a water management,
stormwater retention, there's even less now. Please check these
projects before they destroy the Florida panther natural wildlife
preserve.
Endangering species, such as wood stock (sic), Florida panther;
gopher tortoise; Florida bonneted bat; Everglades snail kite. I even
had snails in my swales last year; Florida scrub jay; fox squirrel; not
to mention wildflowers and plants. Trees create sound barriers and
storm protection and water retention.
If development's so great, why possible government buy -out for
Bonita Springs homeowners flooded out during Hurricane Irma.
September 10, 2019
Page 41
Thank you.
MR. MILLER: Your next speaker is Garrett Beyrent.
MR. BEYRENT: Good morning, Commissioners. Garrett F.X.
Beyrent, lobbyist, and other things.
CHAIRMAN McDANIEL: What happened to your nose?
Were you talking when you should have been listening?
MR. BEYRENT: No. What you don't want to do with a
machete: Never hit a green palm frond when you're on a 12-foot
ladder.
CHAIRMAN McDANIEL: I'll write that down.
MR. BEYRENT: Because it bounces back and hits you in the
face. But, actually, it was Riverchase Dermatology; skin cancer.
That's going to kill me eventually, but --
CHAIRMAN McDANIEL: Here, here, boys.
MR. BEYRENT: I'm here for two awards as -- a couple years
ago I get this crazy idea that I was going to give you guys jobs to do
and see whether you wanted the job or not, and I gave this job to
Nick Casalanguida and Leo Ochs to create a baseball stadium not on
my property. Of course, because they picked the other property, my
old partner, Ron Rice's property, they got a really good deal, too. It's
awesome.
And so what I did, I had to go out and make another lamp,
which there's federal laws against me making lamps. My last lamp I
gave to Commissioner Coyle for his retirement. I disassembled a
shotgun. It was a sawed-off shot gun, of course, flint lock, and I gave
it to him as a kit to put together. And I said, you should be able to
put this together. You're a military man just like me. It should only
take you 15 minutes to put this together. And I said, if you can't do
it, you give it to Bill Barnett. Bill Barnett could do that. He could
put it together.
So we don't know whether or not -- that's almost two years
September 10, 2019
Page 42
ago -- whether he actually put the sawed-off-shotgun lamp together.
So I made it easier for the award now for Nick Casalanguida and
Leo Ochs. Their award's already a lamp that's been assembled. It's a
sports memorabilia lamp that's 20 y ears old. It was never used.
It's actually a picture that Troy Miller's got on his computer
now. There it is. See, it has a bulb in it. It's lit up. Can you see
that? I don't know. I can see it. Wow.
Now, that's -- I could prove it's 20 years old. It's brand new. I
got it at my favorite thrift store, which is Goodwill. It cost $7.99. It's
already assembled. If you look at the football, the date on it, that
football hasn't been manufactured as a football for 20 years, I believe.
In the middle that's some sort of pickleball thing. I have no idea
what that is. But on top of that -- and it does works, and it's
downstairs. It's held by Mary in security because it could be used as
a flying object. That's basically it.
I have another award for the chair, but I can't give it to him
because I ran out of time.
CHAIRMAN McDANIEL: Your thirty-second bell already
rang.
MR. BEYRENT: I know. Okay. So the long and short, their
award is downstairs. It works. It's a lamp, and it's -- lamps were
created like that years ago to actually encourage kids, have it by their
bedside to encourage them when they're going to sleep at night they
turn that light on, they see all that sports stuff there and think, wow,
some day I could be a famous sports guy, and tomorrow I'm going to
go play soccer with Nick Casalanguida.
Okay. Thank you. You got it, right?
CHAIRMAN McDANIEL: I got it.
MR. OCHS: Thank you, Garrett.
COMMISSIONER SAUNDERS: Nick, I'm going to check your
office in about two weeks to see if that thing is still on your desk.
September 10, 2019
Page 43
MR. CASALANGUIDA: Commissioner, we're going to put it
in the welcome center when we open it up.
CHAIRMAN McDANIEL: Outstanding.
Item #11A
THE OPTION OF CREATING A VOLUNTEER COMPLETE
COUNT COMMITTEE IN CONJUNCTION WITH THE
UPCOMING 2020 UNITED STATES CENSUS - MOTION TO
HAVE STAFF BRING BACK A TWO PART PRESENTATION
WITH ANALYSIS ON HOW OTHER COUNTIES ARE
HANDLING THEIR COMMITTEE – APPROVED
MR. OCHS: Commissioners, that takes us to Item 11A this
morning. This is a recommendation to consider the option of creating
a volunteer Complete Count Committee in conjunction with the
upcoming 2020 United States census.
John Mullins, your Government Affairs manager, will make a
brief presentation.
John.
MR. MULLINS: Thank you.
For the record, John Mullins, Government Affairs manager. I
have no gifts to bring. Perumpa pum pum. I'm sorry.
But what I am here for is to follow up on a memo that was sent
to you in July dealing with the creation and construction of a
Complete Count Committee as recommended by the Census Bureau
in goals of advancing awareness and response to the 2020 census.
And out of respect for your time and the court reporter's fingers,
I am simply here to facilitate any discussion you may want to have
and to attempt to answer any questions, and that memo is included in
your package.
September 10, 2019
Page 44
CHAIRMAN McDANIEL: It is.
Commissioner Fiala.
COMMISSIONER FIALA: Yeah. I was just wondering, are
they encouraging the committee to be equally distributed amongst
both parties?
MR. MULLINS: That is actually something that is left up to the
body that creates it. They recommend that if a local government is
creating it that the highest elected official be authorized to select a
chair of the Complete Count Committee, and then those two work in
conjunction to select subcommittee chairs from a cross-section of the
community, which probably would take into consideration some
political demographics.
And then in doing so, that becomes the steering committee of
the Complete Count Committee, and then they come up with
whatever public awareness campaign that they devise.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: I think this is an extremely
important financial decision that we're going to make, and I'm not
suggesting one way or another that we do it or not do it. It's going to
be the decision of this board. But I do think it's important. I don't
think we can -- yes, it's going to be pretty thorny. I do believe that
we, as a body, should make that select ion. I think we should be the
overseeing of this and -- so that whatever committee's decided or
whatever groups are decided to do this, at least the buck stops with
us, and I think it's where it needs to stop.
CHAIRMAN McDANIEL: Good.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Is this something that a lot of
local governments are doing? I saw that 34 states have done this.
MR. MULLINS: Yes, sir.
COMMISSIONER SAUNDERS: But what about at the local
September 10, 2019
Page 45
level?
MR. MULLINS: At the local level I can tell you the State of
Florida had a statewide Complete Count Committee in the last three
decennial censuses. They do not plan to create one for this one. As a
result, localites have stepped up, and as of -- and this is the only thing
that I would update on this memo. As of right now, at the local level
throughout Florida, there are about 160 of these Complete Count
Committees registered with the Census Bureau, including now the
City of Naples and the City of Marco Island.
COMMISSIONER SAUNDERS: And the county's included in
that?
MR. MULLINS: Yes, sir. There's about 60 counties in that
total.
COMMISSIONER SAUNDERS: And who's recommending
that we do this?
MR. MULLINS: This was just something that was presented to
staff to give you information that there was no --
COMMISSIONER SAUNDERS: So 60 out of the 67 counties
have already done this?
MR. MULLINS: Yes, sir.
COMMISSIONER SAUNDERS: I don't have any objection to
it.
CHAIRMAN McDANIEL: It's actually a good idea.
Commissioner Solis.
COMMISSIONER SOLIS: Well, can you just give us a brief
explanation of why it's important in terms of what the census does
and what it means in terms of federal funds and that so that
everybody understands the need for it.
MR. MULLINS: Yes, sir. As outlined in the memo, basically
the census has two primary functions. One is the divvying up of your
seats in the House of Representatives which, in turn, impacts your
September 10, 2019
Page 46
electoral college votes. So there are political ramification of the
census.
Then there's also the funding. There's about $635 billion each
year that goes out to the states in various grants and programs,
including Medicaid and Medicare Part B, SNAP, foster care. You
name it, I can give you a huge list of programs.
And that money is divvied up based on the census results for
your state. So, for an example, in about -- in 2016 I think it was $44
billion was given to the State of Florida by the federal government
based on the census count from the prior census.
COMMISSIONER SOLIS: And just one other question is, if
the State has organized this in the last three censuses, why suddenly
is the State not wanting to do this? It seems like it's vitally important
if it relates to our votes and our districts and how much influence
Florida has as a state on presidential elections.
Why is the State not doing this?
MR. MULLINS: All I can offer you, sir, is that during the last
legislative session there were two bills that were filed that created a
statewide committee. They were not taken up in committee by the
legislature. And Governor DeSantis was quoted in June as to saying
that this was the responsibility of the federal government, and the
state did not plan to involve themselves at that point.
CHAIRMAN McDANIEL: Prerogative.
COMMISSIONER SOLIS: Okay. I think it's important that we
do it. We have to do it --
COMMISSIONER FIALA: I do, too.
COMMISSIONER SOLIS: -- very mindfully and very tactfully.
MR. MULLINS: Of course.
CHAIRMAN McDANIEL: Well, that was going to be my
question.
COMMISSIONER SOLIS: You raised a good point. I mean, it
September 10, 2019
Page 47
has to be inclusive of everybody, because that's the point of the
census is to count everything.
CHAIRMAN McDANIEL: And my question for you, John,
was, will we hear this come back again as an actual resolution with
the proposition of the division of the committee and who sets it
forward and so on and so forth so we can actually invite some public
input to it as well?
MR. MULLINS: If that is your direction, yes, sir.
MR. KLATZKOW: Do you want this as a Sunshine committee
overseen by the Board?
COMMISSIONER TAYLOR: It would have to be.
COMMISSIONER SAUNDERS: I would say.
COMMISSIONER TAYLOR: It would have to be.
COMMISSIONER SAUNDERS: Well, let me ask the question.
If it doesn't have to be --
MR. KLATZKOW: We could probably cobble this together
several ways. But I heard from Commissioner Taylor, I thought, that
maybe this should be Board --
COMMISSIONER TAYLOR: I think it needs to be as
transparent as possible because we're going to -- if we're the arbiters
of this --
MR. KLATZKOW: I ask you that because that's how it's going
to come back, in whatever form you want to see it. It could be like a
committee, Sunshine committee that we could do ad hoc since it's
going to have a limited lifespan; we could do that, in which case the
Board will have to decide how many members you want on this, you
know, how you want to structure this, or we can do it in a number of
different ways.
CHAIRMAN McDANIEL: Well, let's just do this. First off,
let's go ahead and vote on acceptance of this, and then staff can bring
forward the actual resolution proposition with some Board direction
September 10, 2019
Page 48
here today as to how we actually want to see it.
You know, I concur with you with regard to transparency, but
Sunshine doesn't necessarily enhance that. It oftentimes is
prohibitive for activities and such to go forward. But I'm all about
the transparency. I mean, I'm absolutely in favor of doing the
committee.
COMMISSIONER SAUNDERS: When this comes back, if
staff can let us know kind of what the other 60 counties are doing in
terms of Sunshine -- the reason -- I have no problem with the
Sunshine Law; that's not the point. But if you've got a committee and
they want to have some subcommittees and they need to have quick
meetings, they can't do it. And so we don't want to tie their hands too
much here. Let's kind of see what other counties are doing. If it's the
general rule that the Sunshine Law should apply to it --
MR. KLATZKOW: If you're going to be appointing this
committee, it's going to be a Sunshine committee. So it's either going
to be a group that's separate from you, or it's going to be your group.
COMMISSIONER SAUNDERS: I personally think it should be
a group separate from us. We're all -- if I'm not mistaken, we're -- at
least a majority of us are Republicans, and I think that that might
have the appearance that we're -- if not all of us. I think we're all
Republicans. Is that --
CHAIRMAN McDANIEL: Registered.
COMMISSIONER SAUNDERS: Registered. There may be a
RINO or two of us up here.
MR. MULLINS: Just to point out these -- I'm sorry, sir.
COMMISSIONER SAUNDERS: I was just going to say, I just
want to make sure we're not tying our hands too much or their hands
too much.
CHAIRMAN McDANIEL: I would agree.
MR. MULLINS: And just to point out, these are volunteer
September 10, 2019
Page 49
committees. And local governments aren't the only entities that can
set them up. And, as an example, I can tell you some of the other
entities that have are, like, the League of Women Voters, Lee Health,
the Unitarian Universalist Fellowship, the Haitian American
Community Coalition, the Hispanic Coalition, several VFW posts,
and Dress for Success Tampa. So there's a lot of different people out
there putting together these types of volunteer committees.
MR. OCHS: Commissioner, if the Board -- or a majority of the
Board decides to move forward with this, what I might suggest is that
we come back in maybe a two-step process. The first trip back to the
Board is to give you some options based on the research that we've
done on how these are set up around the state, as Commissioner
Saunders mentioned, and even locally, and then when you pick an
option you like, then we can proceed accordingly on appointment of
members if, in fact, the Board wants to retain jurisdiction over --
CHAIRMAN McDANIEL: That was said far more eloquently
than what I was suggesting when staff bring it back.
We have Commissioner Solis.
COMMISSIONER SOLIS: No. I think that's -- the County
Manager addressed my concern, yeah.
CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER SOLIS: We need more information on how
it could work -- how it's working in other places.
CHAIRMAN McDANIEL: Well -- and actually having it as an
advertised public hearing, we'll also get some input from the public
as well.
COMMISSIONER SOLIS: Right. And how we would get
other groups involved that would want to serve on the committee or
help, you know, run it or whatever; form it. We need to make sure
that as many organizations are probably involved in that as possible.
COMMISSIONER TAYLOR: Yeah.
September 10, 2019
Page 50
COMMISSIONER SOLIS: So I look forward to having a
presentation.
COMMISSIONER FIALA: What I was going to say, you keep
pointing at me, because I did have my button on.
CHAIRMAN McDANIEL: Yes, you did.
COMMISSIONER SOLIS: Oh, I'm sorry. I thought he was
pointing at me.
COMMISSIONER FIALA: I took it off, but I thought he was
just saying what he was going to say. I was going to say, in our
county -- I don't know about other counties -- we have a lot of
Democrats here that are registered as Republicans, a lot of them, and
so I don't know how much this will help to fairly divide it because
you could -- you know, that could be a case, too. But I think it would
be so important to have everybody at the table, all parties, without
overtaking -- one party overtaking another.
CHAIRMAN McDANIEL: Correct. I'll take a motion then.
COMMISSIONER TAYLOR: Make a motion that we follow
the County Manager's direction and come back with an analysis of
how other counties are organizing this entity for the census count,
and at that time maybe it is a -- and consider that this may be the first
of two steps of creating this entity.
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN McDANIEL: It's been moved and seconded that
we follow staff's recommendations with regard to the creation of the
quality count commission. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
September 10, 2019
Page 51
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
We're going to take a quick -- unless there is discussion on 11B,
I think we can get through before we go to break.
MR. OCHS: Yes, sir.
Item #11B
AN AGREEMENT FOR THE “NORTH COUNTY WATER
RECLAMATION FACILITY DUAL ZONE MONITORING WELL
REPLACEMENT” PROJECT FOR INVITATION TO BID NO. 19-
7610, WITH A.C. SCHULTES OF FLORIDA, INC., IN THE
AMOUNT OF $1,138,049 (PROJECT NUMBER 70245), AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENTS -
MOTION TO APPROVE W/STAFF’S RECOMMENDATIONS –
APPROVED
MR. OCHS: 11B is a recommendation to award a contract for
the North County Water Reclamation Facility Dual Rezone
Monitoring Well Replacement project to the lowest responsive
bidder, A.C. Schultes of Florida, Inc., in the amount of $1,138,049,
and to authorize the necessary budget amendments.
Mr. Chmelik is available to answer questions or present or take a
motion.
COMMISSIONER TAYLOR: Make a motion to approve.
COMMISSIONER FIALA: Second that.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN McDANIEL: Is there any discussion?
(No response.)
September 10, 2019
Page 52
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve staff's recommendation. 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.
Phenomenal presentation.
MR. CHMELIK: Thank you very much.
COMMISSIONER FIALA: Good job.
CHAIRMAN McDANIEL: With that, we are going to take a
15-minute court reporter break and be back at -- well, actually we'll
be back at 10:45. I'm going to give you an extra two minutes.
(A recess was had from 10:27 a.m. to 10:45 a.m.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN McDANIEL: Okay. Well, welcome back,
everyone.
Item #11C
STAFF TO ADVERTISE FOR A FUTURE PUBLIC HEARING,
AN ORDINANCE AMENDING THE LAND DEVELOPMENT
CODE RELATED TO THE CREATION OF SEPARATION
STANDARDS FOR SELF-STORAGE BUILDINGS ON U.S. 41
BETWEEN THE EAST SIDE OF AIRPORT-PULLING ROAD TO
THE WEST SIDE OF PRICE STREET/TRIANGLE BOULEVARD,
PURSUANT TO THE RECOMMENDATIONS OF THE U.S. 41
CORRIDOR STUDY - MOTION TO NOT ADVERTISE
September 10, 2019
Page 53
ORDINANCE IN ITS CURRENT FORM – APPROVED; MOTION
TO BRING BACK ITEM AT A FUTURE DATE FOR
DISCUSSION AND ADDITIONAL ALTERNATIVES –
APPROVED
MR. OCHS: Sir, we're moving on under Item 11, County
Manager's report. We're moving to Item 11C, which was previously
Item 16A1 that was moved to the regular agenda this morning at
Commissioner Fiala's request.
This is a recommendation to authorize staff to advertise for a
future public hearing an ordinance amending the Land Developmen t
Code related to the creation of separation standards for self-storage
buildings on U.S. 41 between the east side of Airport-Pulling Road to
the west side of Price Street and Triangle Boulevard. And this is
pursuant to recommendations of the U.S. 41 corridor study.
Commissioner Fiala moved this item to the regular agenda for
discussion.
Commissioner.
COMMISSIONER FIALA: Thank you. I don't know if you
tried to get the figures to me that I had asked you for, but I haven't
seen them yet. Did you get them, Leo?
MR. OCHS: I'm going to look to staff. I know we sent it out to
staff to try to gather that information.
COMMISSIONER FIALA: I knew you had, yeah.
MR. OCHS: I don't know that they've compiled it all yet,
ma'am.
COMMISSIONER FIALA: Unless it's gotten to my office this
morning. And I would love to listen to you, but I wanted to make a
few things. Because this actually concerns everybody who --
everybody's district because these storage units are coming in. That's
the most popular thing. And I guess they're going to be using them,
September 10, 2019
Page 54
so this is important to all of us. But I noticed a couple things that I
think is really important.
First of all, I wanted to say that most of these storage units are
right there on the main thoroughfare, you know, where you would put
an ice cream store or something, you know -- that you're impulse
buying, let me put it that way. I don't care what it is; whereas, there's
no impulse buy to storage units.
And I think that if they moved back in the property you would --
or even have the first floor dedicated to something that the
community could use, the neighborhoods or whatever, that would
help a lot.
And I just wanted to make some of these suggestions, because I
think we could do both if the -- because they're building three-story
now. If they build a three-story, you can't put anything behind it
because it blocks everything else, three -story storage units.
And on my road, and I think on yours, too, they're narrow
streets. And if you take that first corridor, the commercial corridor,
there's no room left for things like grocery stores.
You can't even buy a pair of shoes here in East Naples. You
can't buy much of anything because everything is -- well, we're just
now coming into it except that they're buying all these properties up.
And I don't know how many -- I said yesterday there were 25
storage units. They said, you're way low; they said there's plenty
more than that. And being -- still about to be built, too.
So I thought, you know, we have to preserve what we have for
its use. And I don't know -- I don't see -- I don't think I've ever had
driven by a storage unit and think, oh, my goodness, I better go store
something there. You know, it just doesn't happen. You don't need
front and center areas.
So I was recommending, number one, that we encourage a
development to put it behind the building area for businesses on the
September 10, 2019
Page 55
main thoroughfare or -- and that way they'd still have their
three-story. Everybody can see it with the store out in front, whe ther
it be a grocery store or whatever else, will be visible to the passing -by
public.
And, of course, in my area we're pretty well -- you know, we're
so inundated that there isn't much of any land left for that, but for you
guys, think about it, because you don't want to -- you don't want it to
go by and impact new growth that's going to be taking place. So,
anyway, that was one of the things.
Another thing is they're giving -- how many feet between --
150 feet or something like that? What is it between these -- this new
suggestion?
MR. FRANTZ: The new suggestion is 1,320.
COMMISSIONER FIALA: 1,320?
MR. OCHS: About a quarter mile, commissioner?
COMMISSIONER FIALA: Oh, between storage units?
MR. FRANTZ: Correct.
COMMISSIONER FIALA: Okay. That's a good thing. But
how many -- how many can you build in an area before you break the
back of that area? You know, there's just so many that you can put in
there.
Now, I don't think that you guys are going to be inundated like
us, because most of you have a lot of things already built out in there,
unless you're going to a gentrification program. But I think that we
should have some limitation. If you're having 30 of them, that's an
awful lot, between 30 of them and probably more. I haven't gott en
the figures yet. Plus, of course, we have a proliferation of gas
stations and car washes.
There's nothing in there that you can go up and buy for your
family that you need, and I think -- I wish our Growth Management
Division would look at them more as buying -- as creating good
September 10, 2019
Page 56
growth in that area rather than anybody that comes in and wants to
buy -- you know, the storage units look great.
They're very, very nice, but nobody needs them except the
people want to store in them. They go there once, and then it's not
like you're shopping in there, right? But if they put maybe the first
floor as an area that people can use -- I don't care whether it be a
dress shop or a shoe shop or an ice cream store, you know, and that
way, then, the rest of the building could be there, and it would draw
people to that area as well.
So I'm just trying to make some -- pass along some ideas. I'm a
little emotional about this. So sorry about that. I'm stumbling all
over my words.
CHAIRMAN McDANIEL: You're doing good.
COMMISSIONER FIALA: But this is so important to us.
CHAIRMAN McDANIEL: You're doing good.
Commissioner Taylor.
COMMISSIONER TAYLOR: I really like your idea about a
first-floor retail.
COMMISSIONER FIALA: Yeah.
COMMISSIONER TAYLOR: I really like that idea.
COMMISSIONER FIALA: Good, good.
COMMISSIONER TAYLOR: I don't know what that means. I
know we probably don't -- in Collier County we haven't requested a
certain type of development or a certain class of development. But
would there be any prohibition in the code with combining storage
with retail? Not that we could do it today. We'd have to -- but would
there be about prohibition?
MR. OCHS: Jeremy, give your name for the record, also,
please.
MR. FRANTZ: Sure. Jeremy Frantz, LDC manager.
The way that the amendment is set up is that it requires that
September 10, 2019
Page 57
separation between storage facilities, storage buildings. And if you
want it to be located closer than a quarter mile, it would require the
combination of some neighborhood-serving commercial uses in with
that storage facility. So that's worked in a little bit into the ordinance
as proposed.
COMMISSIONER TAYLOR: Within the facility itself there
would have to be some neighborhood serving?
MR. FRANTZ: I think there's some flexibility to either be
within a -- within a quarter mile of your property or on the same
property as the facility.
MR. OCHS: Commissioner, let me understand. Are you asking
is there a -- is there a current requirement, or could we create a
requirement that would mandate that these storage facilities contain a
retail component in the first floor of the storage facility itself?
COMMISSIONER TAYLOR: That's what I'd like.
MR. OCHS: That's what -- yeah. I don't imagine we have
anything that would require that.
COMMISSIONER TAYLOR: I know, I know, look at me, but
look at your more urban centers. They do that. Of course, they do
that. New York does it all the time.
COMMISSIONER SOLIS: I think that's a market-driven --
COMMISSIONER TAYLOR: But why? At this point, are
we --
MR. KLATZKOW: You have current zoning there, all right.
At this point in time we're trying to --
COMMISSIONER TAYLOR: To make this --
MR. KLATZKOW: -- satisfy the Board's concerns about the
possible proliferation of this use, particularly so we're putting space
requirements much like we put space requirements for gas stations
once upon a time.
Now, if you want to incentivize that, well, maybe you could be
September 10, 2019
Page 58
closer if you do this. That we could consider doing, but these
properties are already zoned for that use. I don't recall ever seeing a
storage unit with retail on the first floor.
COMMISSIONER FIALA: No. I know that. I was just trying
to make sure that we're not blocking out storage units. I'm just saying
let's --
MR. KLATZKOW: No. You'd like to see it at the back end of
the -- of the development with the commercial at the front end, and I
understand that. The issue with that corridor is that the commercial
strip is relatively narrow along 41.
COMMISSIONER SOLIS: And I don't -- most of these -- and
correct me if I'm wrong, but most of these storage facilities aren't
located within -- in fact, I don't know of any that are located within a
larger commercial center where there would be other commercial
uses or restaurants or retail or anything along --
CHAIRMAN McDANIEL: There is one just up on Vanderbilt
and 951 on the southwest corner of that plaza.
COMMISSIONER SOLIS: Really?
CHAIRMAN McDANIEL: Yeah. There's a storage facility up
in the back with retail out front.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: And that was how that was
particularly established, so...
COMMISSIONER SOLIS: So that works. Okay.
CHAIRMAN McDANIEL: Well, I'm assuming it works.
COMMISSIONER SOLIS: I'm just going to throw this out
there because --
CHAIRMAN McDANIEL: They were outparcels, necessarily.
They were -- I'm sorry.
COMMISSIONER SOLIS: The real -- I'm sorry. No, I just
have to air my pet peeve that, you know, the reason we have a
September 10, 2019
Page 59
proliferation of storage facilities is because no one can park their car
in their garage anymore because we have so much stuff.
CHAIRMAN McDANIEL: Junk.
COMMISSIONER SOLIS: This is exactly -- no, this is --
seriously. I mean, this is --
COMMISSIONER TAYLOR: That's true.
COMMISSIONER SOLIS: You know, and they're being built
closer and closer to residential areas because, you know, people have
to go in there and get stuff out of their storage locker, you know,
because --
COMMISSIONER SAUNDERS: I sort of disagree. If people
didn't have their garages stuffed with stuff, then there would be more
of those storage units around.
COMMISSIONER SOLIS: Well, right, right. But now it's an
overflow situation.
CHAIRMAN McDANIEL: Before we move on down -- before
we move on down, I need to say out loud I'm going to support th e
motion to bring this back and have a look, because I know how you
feel, but I can't support, just because it's done in New York, making
it -- it's not right.
COMMISSIONER TAYLOR: No, no, no.
CHAIRMAN McDANIEL: I can't -- please.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: I mean, you said your peace.
I have a concern with the mandated-dispersal progress, a
minimum 25 or quarter-mile disparity dispersal between property
rights. I think we're setting ourselves up for taking with regard to
already zoned properties that have allowances.
Talk to me about incentivization, such as what you've suggested
with regard to adjustments on the Site Development Plan with the
commercial out front and the storage units in the back. Talk to me
September 10, 2019
Page 60
about incentivization for first-floor commercial and so on and so
forth if, in fact, that can be accommodated with the site parking
requisites, so on and so forth.
But I am not going to vote for a mandated dispersal process that
takes away real property rights for existent zoning taxpaying
residents of Collier County. I'm just not going to do it.
COMMISSIONER FIALA: You mean -- "dispersal," what do
you mean by that? You mean the length between the two?
CHAIRMAN McDANIEL: Correct. Here you are. You're
sitting next to me, and you own a C5 piece of property, and I have a
capacity of going ahead and building my self-storage unit on my
property. You're now not allowed because of this mandate. I've just
taken away your right to develop your property as you see fit.
Now, it isn't how Donna Fiala sees fit because she'd like to see
less of them and have them maneuvered in a different location to
have them away, but with this now -- and I'm sure our County
Attorney will do his best to keep us out of trouble with regards to
takings and the like. But absolute on pretense, it's a mandate of
determination of property rights that are already existent within our
zoning code.
COMMISSIONER FIALA: Now, how -- and so -- well, in our
area I've got so many already permitted that haven't been built yet,
and they're going to be close. And then we -- we, people who need
some of the services from other organizations whether it be a grocery
store or a shoe shop or whatever, there's no room left for them to go
because all of these things proliferate.
And what do you do about that? And we've got so many people
in our area that need to shop and really don't have much of anything.
And so you give the storage units more ability to take up more of the
land?
CHAIRMAN McDANIEL: Well, I mean, Commissioner Fiala,
September 10, 2019
Page 61
in all due respect, I don't concur with your analogies with regard to
the availability of shopping. There are places to buy shoes. There
are places to get food, really good restaurants in East Naples and out
on the East Trail and on U.S. 41 and the like.
COMMISSIONER FIALA: Yeah.
CHAIRMAN McDANIEL: There are places to go. And I am
concerned with this. Again, I don't want to debate this today because
I need to see the actual formal resolutions and amendments.
COMMISSIONER FIALA: Yeah. I was hoping that they
would have these things and even give us an idea of where they're all
located.
CHAIRMAN McDANIEL: Well, get that when we actually --
MR. OCHS: We have that information if you want it now.
CHAIRMAN McDANIEL: No. I mean, right now we're voting
on whether or not we're going to bring back an amendment to the
LDC to -- based upon the corridor study; is that correct?
MR. KLATZKOW: You're giving permission for staff to
advertise it.
CHAIRMAN McDANIEL: Right.
MR. KLATZKOW: To bring it back.
CHAIRMAN McDANIEL: Right and that's going to require a
4-1 vote. This today requires a 3 vote.
MR. KLATZKOW: Today's 3; next time is 4.
CHAIRMAN McDANIEL: When we amend the LDC, it
requires 4. And I can't -- I can't support the thought process -- that's
for your knowledge. I can't support the thought process if there's a
mandated dispersal of usage that could effectuate a taking for
someone that's already there.
But I want to look at the language. I want to see the
incentivization process. I like your thought process, suggestions, and
yours as well, except for the New York thing.
September 10, 2019
Page 62
I like --
COMMISSIONER TAYLOR: I said that to our County
Attorney, who --
MR. KLATZKOW: These things are national chains, and they
come in with their own box: This is how we do it. That's why the
separation will work because it's not the property owner that says I
want to put up a storage unit. It's a chain that comes to town that
says, yes, this is a good location for us, and they start looking for
properties.
CHAIRMAN McDANIEL: But there are -- okay. I'm not going
to debate it today, and you and I did significantly yesterday.
MR. KLATZKOW: Significantly, yes.
CHAIRMAN McDANIEL: The bottom line is is I have -- sir?
MR. KLATZKOW: Yes, significantly.
CHAIRMAN McDANIEL: Yes, it was.
MR. KLATZKOW: I'm agreeing with you.
CHAIRMAN McDANIEL: So the -- I need to see and read the
formality of what's being suggested. I like the incentivization
suggestions. I like those. Those are nice things, but the dispersal
process, I think, is going to put us in a trick flocks (sic), but that's my
personal opinion. So we're going to -- are we going to bring this
back?
MR. OCHS: Well, Mr. Chairman, the item in front of you
doesn't get at those issues you just talked about.
CHAIRMAN McDANIEL: I understand that.
MR. OCHS: It's basically to create this separation standard and
nothing else.
CHAIRMAN McDANIEL: Correct.
MR. OCHS: So, you know, to bring this back to you in the
future in its current form isn't addressing the issues that
Commissioners Fiala and Commissioner Taylor --
September 10, 2019
Page 63
CHAIRMAN McDANIEL: Well -- and I wanted to be very
clear with regard to the fact this those were suggestions to make this
different than what, in fact, it is. I can't support the dispersal -- the
maneuver for the amendment to the LDC to dictate/mandate dispersal
what the use is. I can't support that.
Now with those other things, then, maybe we can have
something we can work with, but I'm -- I am adamant.
COMMISSIONER SOLIS: So -- I'm sorry. Go ahead.
COMMISSIONER TAYLOR: Just -- I think we could kind of
do a consensus to see if there's four votes to have this advertised. If
there's a lot of misgivings, then we do have to start at the beginning.
COMMISSIONER FIALA: We need three votes on this one.
MR. KLATZKOW: Three votes to advertise this and staff to
bring back for a public hearing in its current form. If you don't like
the current form --
MR. OCHS: Right.
MR. KLATZKOW: -- there's no point in bringing it back --
COMMISSIONER SOLIS: Right.
MR. KLATZKOW: -- for discussion.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER SOLIS: So I guess the question in my mind
is, how would we go about having a discussion about what else we
would want to be in there?
CHAIRMAN McDANIEL: Without having to come back, or do
we do it now?
COMMISSIONER SOLIS: Without advertising it. I guess what
we would do is not vote to have it advertised today.
MR. KLATZKOW: You wouldn't advertise the ordinance.
Staff would bring back an item for discussion.
COMMISSIONER SOLIS: Bring it back.
COMMISSIONER FIALA: Well, I think this is an important
September 10, 2019
Page 64
subject that's going to affect us all, and each one of us must think of
our own area because that's what -- that's what we do. We try and do
the best we can for the area that we live in, and we would have to see
how we would arrange this so that it's a fair distribution and also that
it -- that the people in your community can live with it.
And I think that we certainly need to do more than just the
distribution, but I think that's a good start. And then it will give us an
idea. Like, for instance, in between these things then -- I mean, I
don't know how many people would want to locate next to or
between storage units, but that would at least give us a starting point.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Yeah. Let me just make a
suggestion then, just to move this forward, because it sounds like the
consensus is we would want to see some other things in this
ordinance that we're going to advertise.
So I'll make a motion that we do not direct staff to advertise the
ordinance in its current form. That's one motion.
CHAIRMAN McDANIEL: I'll second that motion.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: It's been moved and seconded that
we not recommend that staff advertise the motion -- or the agenda
item in its current form. Any discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: So moved; 4-1.
September 10, 2019
Page 65
COMMISSIONER TAYLOR: No. What we're saying is now.
COMMISSIONER SOLIS: We're not going to bring it back.
CHAIRMAN McDANIEL: That's correct. She wants to bring it
forward in this format is what she's saying.
COMMISSIONER FIALA: Well, this is the start -- to me it
would be the start of the next format, you know, of the next way
we're going to rearrange the words. And so -- and although I didn't
come up with this idea -- it was not mine, I have to tell you. It was
staff's idea based upon the group that was meeting and talking about
this corridor and what they can do to bring that corridor to life. Right
now it's kind of run down, and they're hoping to bring it to life and
bring new opportunities there for the people who live there. But --
COMMISSIONER TAYLOR: But I'm not -- I didn't -- my no
vote wasn't not to do that. My no vote was get it back, and let's
discuss it to see if we can beef it up a little bit including that, or
maybe doing something even better, but to keep the spirit.
COMMISSIONER FIALA: Okay. I understand that.
COMMISSIONER TAYLOR: The spirit of the LDC.
COMMISSIONER FIALA: Separation in there, yeah.
COMMISSIONER SOLIS: So I was just going to make a
second motion to have staff bring back this particular item at a later
date so that we can have a discussion about additional whatever,
whether there are incentivizations, locational issues, like
Commissioner Fiala was bringing up, we can have that discussion.
COMMISSIONER FIALA: Yeah. And you know what, we
could all ask our constituents, too; what do they think? If it starts
coming to one of your areas, how do they feel about it? And you've
got a few people that you can count on to give you honest input, and
they would probably give you suggestions I would never think of,
you know, so...
CHAIRMAN McDANIEL: So we'll make that -- it's been
September 10, 2019
Page 66
moved that we make the recommended suggestions and bring back
some alternatives for our board to make a decision on to actually
amend the LDC. And it would probably necessitate another
advertised hearing on those suggestions, at which point then we could
advertise for whatever the Board chooses to do after that, correct?
MR. CASALANGUIDA: Yeah.
CHAIRMAN McDANIEL: I mean -- I've said enough. It's
been moved that we -- was that -- did the surmise your motion?
COMMISSIONER SOLIS: Yes.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: Somebody say second.
COMMISSIONER TAYLOR: I'm sorry. I thought it was
seconded.
CHAIRMAN McDANIEL: It's okay. It's been moved and
seconded that we proceed along those lines. I won't repeat what the
motion and such is. Any other discussion?
COMMISSIONER SOLIS: One question. Would it he lp the
process if -- each one of us, if we had issues that we would want to
see in there, like the ones that Commissioner Fiala has raised or that
you raise, that we provide those to the County Manager --
COMMISSIONER TAYLOR: In advance.
COMMISSIONER SOLIS: -- in advance of our discussion so
that maybe they can have some warning of what's going to come up
and they can be prepared to discuss it for us?
CHAIRMAN McDANIEL: Would you like some warning?
MR. OCHS: That would be wonderful.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: We'll give you all the warning we
can.
All right. It's been moved and seconded that we proceed along
those lines.
September 10, 2019
Page 67
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. OCHS: Thank you, Commissioners.
Item #11D
RESOLUTION 2019-162: A RESOLUTION SUPERSEDING
RESOLUTION NO. 2016-140, ESTABLISHING THE COLLIER
AREA TRANSIT ADVERTISING POLICY AND STANDARDS,
FEE POLICY, AND THE AGREED TERMS AND CONDITIONS
FOR ADVERTISING ON TRANSIT ASSETS AND FACILITIES,
TO EXPAND THE ADVERTISING POLICY, STANDARDS AND
FEES TO INCLUDE DIGITAL ADVERTISING AND A BENCH
DONATION PROGRAM, AS DIRECTED AT THE BOARD'S
JULY 9, 2019 MEETING – ADOPTED
MR. OCHS: Item 11D was previously Item 16D15 on your
consent agenda. This was moved to the regular agenda at
Commissioner Fiala's request. It's a recommendation to approve a
resolution establishing the Collier Area Transit advertising policy and
standards as previously directed by the Board at their July 9th, 2019,
meeting.
September 10, 2019
Page 68
Commissioner.
COMMISSIONER FIALA: Yes. The only reason I brought
this up is I just feel over the years, since we started this transportation
program, they've encouraged us to sell ads. And right from the start,
especially the people in the City of Naples, but other areas as well
have said, you know, we don't want to cheapen it by having ads all
over this thing. So then they've reduced it to ads inside. And I'm just
suggesting -- and selling ads on benches and stuff.
You're not going to sell ads on benches?
MS. ARNOLD: No.
COMMISSIONER FIALA: You were, right?
MS. ARNOLD: No.
COMMISSIONER FIALA: Well, that was suggested.
MS. ARNOLD: No. We've never -- not for benches. It was
recommended to do --
COMMISSIONER FIALA: When we were at the LDC -- no,
no, no. Local coordinating board?
MS. ARNOLD: For the record, Michelle Arnold, Public Transit
and Neighborhood Enhancement Division director.
The recommendation at the July 9th meeting was the shelters,
the structures. Not the benches.
COMMISSIONER FIALA: Oh, okay. The shelters, okay.
MS. ARNOLD: Right.
COMMISSIONER FIALA: Anyway, I don't think that we need
to have ads on there, but that's just my own feeling. I don't think we
need to have ads. Because you see what happens when you open the
door a little bit? And then the ads become bigger, and then they
become on the outside, and then they become a walking
advertisement or a riding advertisement. And I don't think we need
the money that bad to do that. I think that we've got an upscale
community, and I think, to me, I like to keep it looking upscale. But
September 10, 2019
Page 69
that's my own opinion. So you guys have to make that decision. I
will certainly not vote for it.
CHAIRMAN McDANIEL: Do you think -- your contention is
that the advertising cheapens or lessens the value of the transit
facility at large?
COMMISSIONER FIALA: Yes, yes. And then inside, like
they say that they can govern it, but, you know, somebody has a pen
and they're riding on there, and they've got a disgruntled something,
and so they're going to write all over the sign. And until our people
find it and take it off -- I don't know. I just think we're opening a
door that maybe she shouldn't be opening, but that's for --
CHAIRMAN McDANIEL: Commissioner Solis. I didn't mean
to interrupt.
COMMISSIONER SOLIS: In terms of the benches, which is
what people not riding the bus will see, that's a donation program. So
in terms of the advertising -- and I apologize if I've confused this
issue. The advertising would be in relation to somebody that's -- or a
company that wants to donate a bench.
MS. ARNOLD: Correct.
COMMISSIONER SOLIS: It would be on the bench that they
donated?
MS. ARNOLD: Yes. The proposal is to -- if somebody wants
to actually help us build a bench, and we would recognize their
donation with a plaque.
COMMISSIONER SOLIS: A plaque.
MS. ARNOLD: Yes. And let me show --
COMMISSIONER SOLIS: We're not talking about a billboard
bench like we see in some nearby communities. We're talking about
a plaque.
COMMISSIONER TAYLOR: No, no.
CHAIRMAN McDANIEL: New York.
September 10, 2019
Page 70
COMMISSIONER TAYLOR: A plaque.
MR. KLATZKOW: I left New York to be here.
CHAIRMAN McDANIEL: I know you did. We're happy to
have you.
COMMISSIONER SOLIS: Okay. So -- okay. This is getting
to the issue here. This is what we're talking about.
MS. ARNOLD: Yeah, so that would be what we're talking
about. If somebody -- and the bench style is different. I'm just
showing you the plaque that would be associated with recognition if
somebody were to donate the funds for the construction of a bench.
COMMISSIONER TAYLOR: And they do this in a different
way in the City of Naples along the beaches. They have plaques on
the beaches, and they have stones and whatnot.
COMMISSIONER SOLIS: Yes.
COMMISSIONER TAYLOR: And it's the same idea where
there's -- now, it's a little different because what happens, you want to
memorialize somebody or you want to give, and you can do it, but
there's a cost, and then it goes into the fund. So it's very tasteful.
COMMISSIONER FIALA: I haven't seen this bench, so I'm
sorry. I was judging by some of the ones I've seen where the painting
is along --
COMMISSIONER SOLIS: Right. That's what I was trying to
make sure we were clear on. We're not talking about a painted bench
that's got, you know, an advertisement.
MS. ARNOLD: No.
COMMISSIONER SOLIS: This is strictly --
COMMISSIONER FIALA: Plaque.
COMMISSIONER SOLIS: -- just a company or someone wants
to donate a bench. They get a little plaque for the donation of the
bench.
MS. ARNOLD: Correct.
September 10, 2019
Page 71
COMMISSIONER SOLIS: There's no real revenue associated
with that or anything?
MS. ARNOLD: No. It's the cost for installing.
COMMISSIONER SOLIS: And we have a design spec or a size
for all the plaques, so it can't get any bigger or anything like that?
MS. ARNOLD: That's correct.
COMMISSIONER SOLIS: Does that help your --
COMMISSIONER FIALA: That's fine with me then, yeah.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: Comment?
COMMISSIONER SOLIS: So I think we're okay?
COMMISSIONER FIALA: But inside -- advertising inside the
bus.
COMMISSIONER TAYLOR: Inside, interior bus
announcement.
MR. KLATZKOW: We do that now.
COMMISSIONER SOLIS: Yeah, we do that -- we're doing that
now. It's already --
COMMISSIONER FIALA: Not the announcement. I'm talking
about do you have -- are you going to be putting something up to
display the ad?
MS. ARNOLD: Yes. We have in -- currently, your ordinance
or resolution allows for the bus cards, they call it, inside the bus.
COMMISSIONER FIALA: Right.
MS. ARNOLD: We're going to continue to do that.
COMMISSIONER FIALA: Yeah. But you're not going to put
up any signs or anything?
COMMISSIONER TAYLOR: Outside.
MS. ARNOLD: Outside, no.
COMMISSIONER FIALA: No, inside.
MS. ARNOLD: Inside signage is allowed, yes.
September 10, 2019
Page 72
COMMISSIONER FIALA: Okay.
COMMISSIONER SOLIS: We already have --
COMMISSIONER TAYLOR: We already do that.
MS. ARNOLD: And we currently do that.
MR. KLATZKOW: This is adding the ability to put in digital
signs at the terminals.
MS. ARNOLD: This is adding the -- yes, inside the terminals.
MR. KLATZKOW: It's allowing you digital signage inside
your buses.
MS. ARNOLD: Yes.
COMMISSIONER FIALA: Yeah. I don't care about the
terminals.
MR. KLATZKOW: It's allowing in-app mobile advertising.
MS. ARNOLD: Yeah. So somebody on their phone, we can do
advertising on their phone. If you get pop-ups.
MR. KLATZKOW: I'm just looking at the changes. And then
we're changing the amount of money that we're charging for this.
The fees are being --
COMMISSIONER FIALA: What, please?
MR. KLATZKOW: The fees are being changed and updated
from the prior policy.
MS. ARNOLD: Right. And that's it. And then to allow for the
bench donation program, which is what we were talking about. And
that's all the changes that are being made.
MR. OCHS: And that was discussed and approved by the Board
on July 9th, and we're bringing back the resolution to formalize.
COMMISSIONER FIALA: This is tastefully done. I don't have
a problem with that. When I heard "signs" and when -- and I'm afraid
that we didn't have those posted that I saw at the LCB, unless I left
early before you did that, but I don't think I left early. In fact, I don't
usually ever leave early. But, anyway, so I just want to make sure
September 10, 2019
Page 73
that whatever we do is done with taste in our community, because I
think we deserve that.
MR. OCHS: Yes, ma'am.
CHAIRMAN McDANIEL: And it is your opinion that the
amendments that we're making here are going to be without taste?
MS. ARNOLD: The intent is to be tasteful.
CHAIRMAN McDANIEL: Okay. And, I mean, I concur with
what Commissioner Fiala is saying.
MS. ARNOLD: There is a process that we consult with the
County Attorney's Office to make sure that whatever ads are being
requested comply with the resolution that's before yo u.
MR. KLATZKOW: We're very conservative on that.
CHAIRMAN McDANIEL: Absolutely.
Commissioner Taylor, you have a comment.
COMMISSIONER TAYLOR: I do. But let's vote on this, and
then I need to segue into something that's been on my mind and see if
there's support here. It will be very brief.
CHAIRMAN McDANIEL: Somebody make a motion.
COMMISSIONER FIALA: Well, I'll make the motion. As
long as these signs -- you know, like a little plaque there or
something, that's okay. I think that that's fine. As long as anything
that's done inside the bus isn't garish looking or whatever, but
tastefully done. Again, something like this, that's fine with me, as
long as we just don't -- you know, what's -- it seems sometimes we
get the foot in the door, and then a whole elephant follows it.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER FIALA: And, of course, we don't know that
because we've only approved this. And I'm -- I want to make sure
that whatever we've approved is exactly what -- that it doesn't grow
anymore, yes.
CHAIRMAN McDANIEL: Second?
September 10, 2019
Page 74
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the Item 11D as staff recommends. 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. Even John agreed with
me.
COMMISSIONER TAYLOR: So just briefly, when you talked
about the signs draping on benches, I realized that, you know, we're
in the middle of a strategic arts plan. So I'd like to see if there's any
consensus on this board if we --
COMMISSIONER SAUNDERS: Could -- I hate to interrupt.
Could we do that under county commission discussion?
COMMISSIONER TAYLOR: Yes.
COMMISSIONER SAUNDERS: Because it's really a
non-agenda item, and we do have an agenda.
COMMISSIONER TAYLOR: Well, I was hoping it wouldn't
be discussed. But that's okay. I will definitely do it under --
COMMISSIONER SAUNDERS: Right.
COMMISSIONER TAYLOR: Yeah, okay.
CHAIRMAN McDANIEL: Very good.
To that end...
September 10, 2019
Page 75
Item #12A
DIRECTION ON THE APPEAL FILED BY REAL ESTATE
PARTNERS INTERNATIONAL, LLC WHICH SEEKS
REVERSAL OF THE APPROVAL OF INSUBSTANTIAL
CHANGE TO THE SITE DEVELOPMENT PLAN (SDPI),
PETITION PL20180002049, FOR GATEWAY, FORMERLY
KNOWN AS TRIO. THE APPEAL CENTERS AROUND THE
QUESTIONS OF WHETHER THE GTMUD-MXD OVERLAY
REQUIRES A MINIMUM OF 700 SQUARE FEET FOR A HOTEL
GUEST ROOM, AND WHETHER THE CONTRACT
PURCHASER FOR THE ADJOINING COUNTY-OWNED
PARCEL HAS STANDING TO RAISE THE OBJECTION -
MOTION TO ADVERTISE AND BRING BACK FOR A PUBLIC
HEARING (STAFF’S OPTION #2) AT THE FIRST MEETING IN
OCTOBER – FAILED; MOTION TO FIND NO STANDING AND
DIRECT STAFF TO ADVERTISE AND BRING BACK A
FOOTNOTE REMOVING THE 700 SQ. FOOT REQUIREMENT
FROM THE LDC (OPTIONS #1 & #4) – APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 12A on this
morning's agenda under County Attorney's report. This is a request
for direction on the appeal filed by Real Estate Partners International,
LLC, which seeks reversal of the approving of insubstantial change
to the Site Development Plan for Petition PL20180002049 for
Gateway, formerly known as Trio.
The appeal centers around the questions of whether the
mixed-use development overlay for the Gateway Triangle requires a
minimum of 700 square feet for a hotel guest room and whether the
contract purchases for the adjoining county -owned parcel has
standing to raise the objection.
September 10, 2019
Page 76
Mr. Klatzkow.
MR. KLATZKOW: And we're seeking Board direction.
MR. MILLER: And, Mr. Chairman, we have three registered
speakers for this item.
COMMISSIONER TAYLOR: That's it?
MR. KLATZKOW: I'm here to answer any questions. I spoke
with each of you yesterday and got five different opinions.
COMMISSIONER SOLIS: Can I ask you a question. Are any
of the registered speakers the appellant?
MR. MILLER: The registered speaker is Richard Yovanovich
with two speakers ceding time to Mr. Yovanovich.
MR. YOVANOVICH: I'm the appellee.
COMMISSIONER SOLIS: But he's not the appellant. So the
appellant is --
COMMISSIONER TAYLOR: Is not here.
MR. KLATZKOW: I don't see Mr. Grant.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: I think they did a poll yesterday.
COMMISSIONER FIALA: What?
COMMISSIONER TAYLOR: Oh.
CHAIRMAN McDANIEL: I said, they were doing a poll. So
with that, let's go to our public speakers, and then the Board will --
MR. MILLER: Public speaker is Richard Yovanovich. He's
been ceded time by Bill Higgs. Mr. Higgs, can you raise your hand.
(Raises hand.)
MR. MILLER: And John Agnelli.
(Raises hand.)
MR. MILLER: For a total of nine minutes.
MR. YOVANOVICH: And I promise -- for the record, Rich
Yovanovich -- I won't use all nine minutes.
I just want to -- bottom line is, we'd like you to follow your
September 10, 2019
Page 77
County Attorney's Office first recommendation which is to find that
they have not satisfactorily proved standing to bring this appeal and
that -- therefore, dismiss the appeal.
The second thing we'd like you to follow is No. 4, which is to
direct staff to bring back an LDC amendment clarifying once and for
all that the 700 square feet does not apply to independent or
individual hotel rooms or individual offices within a building.
And I want to take you through some of the petition's -- or the
appellant's own actions that support that there is, in fact, no
700-square-foot requirement in the first place and that their appeal
that they have filed is totally inconsistent with their own prior actions
and recognition that this 700-square-foot requirement does not, in
fact, apply, but it is related to your fourth recommendation to let's
end this, because we believe this is just a maneuver to slow down my
client's ability to go through with the contract to sell to a hotel
developer on its property, and they're using their contract to buy CRA
property as a basis to try to slow this down.
So your staff has clearly opined that the 700-square-foot
requirement applies to the hotel structure, not individual rooms.
Your -- the appellant did not object to the existing hotel that's
being built within this CRA that is being built on U.S. 41 that has
rooms less than 700 square feet. So that's the first time they've
recognized that there's no 700-square-foot requirement for individual
hotel rooms.
Now, as you know -- and you went through several hearings
where the appellant actually filed for and obtained a Growth
Management Plan amendment for the property they're going to
purchase. And I'm going to put on the visualizer the exact language
that they had you approve prior to their actually applying for and
getting the PUD amendment for the property.
And you can see -- you can see in the mini-triangle mixed-use
September 10, 2019
Page 78
district that development within the mini-triangle subdistrict, which
includes the CRA piece as well as the Trio piece, it clearly says that
development within the mini-triangle shall be subject to the
following, and it says under H, development within this subdistrict
shall be subject to the provisions of LDC Section 4.02.16, and that
talks about the design standards.
And then I've also highlighted, it says, deviations from the
applicable provisions of Section 4.02.16 as may be approved as part
of the MPUD. So y ou're subject to 4.02.16 unless you ask for a
deviation to those standards in 4.02.16.
They claim -- they're claiming that under 4.02.16, Table 7,
there's a minimum-square-footage requirement for each individual
unit, and as you can see where it says "mini mal floor area" it's 700
square feet per unit or under the mixed use and commercial. And
then it's 750 for an apartment, et cetera.
So they're claiming that that's the standard we are somehow
violating, which is under 4.02.16. Now, your staff has opine d that
that doesn't mean individual hotel units; it means the use. It has to be
at least 700 square feet.
Why is that relevant? Because they've already acknowledged in
their own Growth Management Plan amendment, that if that's the
minimum standard you have to have for a hotel room, you have to
ask for a deviation through the PUD process if you want to go less
than 700 square feet.
Here is their PUD. You can see under their PUD minimum
floor area, hotels, suites, and rooms and ALF units are not subject to
a minimum floor area requirement. So they said, we don't have to
have a minimum floor area. We're not subject to the minimum area
of 700 square feet.
Now, as we all know, if the LDC has a requirement and you
want to deviate from that requirement, you apply for a deviation. We
September 10, 2019
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discussed that in front of the Planning Commission. We discussed it
in front of the Board, and if the Board agrees to ask for a deviation --
or agrees with our request for deviation, the Board approves it
through the PUD adoption process.
You'll also note that under minimum floor area, they asked for
500 square feet for commercial structures. They didn't ask for a
deviation from the minimum 700-square-foot requirement for
individual commercial units if you take their argument to the logical
extension.
Here's the list of deviations they actually asked for. You can see
they did not ask for any deviations from the minimum size for hotel
rooms or commercial offices or anything to the like. The reason they
didn't ask for that is because they knew that was not applicable to
individual hotel rooms. They had a very experienced planner going
through this process that, if he believed there was a minimum
700-square-foot requirement for hotel rooms, would have asked for
that deviation.
If staff believed there was a minimum 700 square foot per hotel
room, staff would have said, you need to ask for a deviation, and your
Planning Commission would have said you need to ask for a
deviation. And how do I know that, is I've been to the Planni ng
Commission before where we're going through it during the public
hearing process for a PUD where we've said, hey -- or the Planning
Commission said, hey, I think you need to ask for a deviation, and
we've asked for deviations actually during the hearing process.
Nobody, including the current appellant, believed through this
process that there was a minimum requirement of 700 square feet for
a hotel unit.
Nonetheless, we'd like this to end so we can go forward and
have this resolved finally. And if it's in the Board's belief that there
needs to be a clarification, let's go clarify the LDC to end this once
September 10, 2019
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and for all. But we believe that there is no minimum 700 square feet
per individual hotel room.
Your staff agrees and the petitioner agreed when t hey went
through and did their own PUD. And I've done some, in my own
head, trying to figure out if I've ever stayed in a hotel room that's ever
been 700 square feet. And I think -- we have some pretty nice hotels
in this community, and I think other tha n maybe certain suites in
those five-star resorts that we have right now, those rooms are not
700 square feet.
So I find it hard to believe that the intent was to have rooms that
are 700 square feet in this triangle that are bigger than the rooms that
our current five-star resorts have as the typical room.
So with that, we would ask that you follow your County
Attorney's recommendation to dismiss the appeal for lack of standing
and then, if necessary, clarify in the LDC that there is no minimum
700-square-foot requirement.
And with that, that's the end of my presentation.
CHAIRMAN McDANIEL: Outstanding. I was going to ask
Troy if he did that all in nine minutes. That was something.
MR. MILLER: Eight minutes 36 seconds.
CHAIRMAN McDANIEL: Outstanding.
MR. YOVANOVICH: I practiced.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Questions more for the County
Attorney. This is not the appeal hearing. Let me back up. I just
want to make sure that we're not stubbing our toes somehow
procedurally.
MR. KLATZKOW: No. This is not the appeal hearing.
COMMISSIONER SOLIS: But yet we're going to make a
determination on standing.
MR. KLATZKOW: Here's the issue, because it's sort of a Catch
September 10, 2019
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22. So the issue was raised by Mr. Yovanovich they don't have
standing, okay. So if they don't have standing, they can't bring the
appeal. So the determination of whether or not they have standing is
an administrative decision. That administrative decision would have
been subject to appeal. You would have just heard whether or not
they had standing. You wouldn't have heard the appeal.
So rather than doing this all chopped up, I decided to just bring
the whole thing to the Board. These are your options here. We don't
believe they have standing. They say they have standing. But at the
end of the day, it's your determination.
COMMISSIONER SOLIS: I guess my -- right, and I agree with
you that it's ultimately our determination. Well, it's the -- first the
staff's determination, which can be appealed.
MR. KLATZKOW: Yes.
COMMISSIONER SOLIS: And then -- but this -- I just want to
make sure we're not going to stub our toe and fall into something
we're not meaning to fall into by, yes, it's chopped up, but we're
going to throw it all into one non-advertised hearing and then make a
decision which that can then be appealed which maybe would have
more teeth to it. Do you understand what I'm saying?
MR. KLATZKOW: Yeah, which is why one of the decisions to
make is -- well, these aren't recommendations I'm giving you. These
are just options. And one option would be you find that there is no
standing, in which case that's the end of it, and they can appeal that.
You find that, well, there is standing and we'll hear the issue --
we'll hear the appeal, in which case I advertise it.
You can defer the issue on standing and hear the appeal and
make your decision then, or you can send it to the Hearing Examiner.
COMMISSIONER SOLIS: Okay. So in your opinion, then, us
making the -- a determination on standing today is procedurally
sound.
September 10, 2019
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MR. KLATZKOW: Yes.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: You all set?
COMMISSIONER SOLIS: Yes.
CHAIRMAN McDANIEL: Good.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I'm going to go down the
standing path here just a little bit further.
I've read the executive summary. Has there been an official
communication to the appellant that there is no standing?
MR. KLATZKOW: I asked Mr. Grant -- I basically said,
Mr. Grant, there's no harm, there's no foul. How was your client
harmed by this? And he replied, we're contract purchasers.
No allegation of a harm. So the fact that he's -- I agree that he's
a contract purchaser, and I understand that because of that, they may
have had some sort of harm, but no harm was ever articulated. And
my understanding of standing is that before you can make a legal
claim, you have to show that you were harmed in some fashion.
COMMISSIONER SAUNDERS: My question isn't --
COMMISSIONER SOLIS: Right.
COMMISSIONER SAUNDERS: -- what's contained in the
executive summary, because that's what you say in here. The
question is: Has there been formal notice to the appellant that the
staff determination is that there's no standing and here's the basis for
that? I understand you've had some oral communication. I'm just --
it's just a question of --
MR. KLATZKOW: I have had communication with Mr. Grant
and told him he should be here, all right, and don't see them. And,
you know, I personally think that this entire exercise is for the
purpose of getting to a courtroom, which is why they're not here, but
that's a personal opinion. But, no, they were aware of it.
September 10, 2019
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But there has to be some determination of standing before we
get anywhere.
COMMISSIONER SAUNDERS: I'm going to ask the questio n
one more time. Just yes or no.
MR. KLATZKOW: Yes, he's aware the issue will be talked
about.
COMMISSIONER SAUNDERS: The question isn't is he
aware. The question is, has he been officially notified in writing
from the county that there is no standing in the opinion of staff, and
would that be the normal procedure to do that? That's all I'm just
trying to understand --
MR. KLATZKOW: He's been notified that my recommendation
to the Board, my opinion to the Board, is that there is no standing.
Ultimately the Board would determine that.
CHAIRMAN McDANIEL: And I'm not trying to be -- I know
where you're going with your question, I think. But I don't know how
a formal determination -- because of the Board's necessity to make
the decision, how staff, other than the recommendations within the
executive summary and backup, how staff could send a formal notice
of denial of standing for and until the Board makes that
determination.
COMMISSIONER SAUNDERS: Well, I mean, there could be
an email or a letter saying staff has determined that there is no
standing based on the following, and you have a right to appeal that
denial of standing to the Board. I'm just wondering if there was that
written communication.
MR. KLATZKOW: That is not the process I followed, because
that would have been a two-part process. We would have just had a
hearing simply on standing, and then later we would have had a
hearing potentially on the actual merits of it.
COMMISSIONER SAUNDERS: So what are we doing this
September 10, 2019
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morning then? Are we hearing the -- if we determine there's
standing, we're still not hearing the merits.
MR. KLATZKOW: No. You're going to be advertising for the
hearing.
CHAIRMAN McDANIEL: That would be moving on to No. 2.
Are you okay?
Commissioner Fiala.
COMMISSIONER FIALA: Yes. Two of the things that were
said today, number one, of course, you're talking about the standing,
and -- but they haven't officially bought the property, but we as the
county have been working on this with them for at least a couple
years helping them get through the process of tearing down that
tower, the cell tower, and that -- we wouldn't be doing that if
they've -- you know, if we didn't expect them to be buying this.
Also, they've been at our CRA meetings, and they've talked
about this project and explained to us what they were doing. They've
explained it to the newspapers; they've explained it to us here. So
everybody knew what they were doing, my goodness. And the
newspaper's carried it a number of times about the height and so forth
and about having to tear down the cell tower and what are they going
to do with it.
I mean, to me that says they have standing because they were
obviously earnestly trying to get it, but until they could tear the cell
tower down, they couldn't move forward. So that's just one of the
ways I'm looking at it.
And then you -- Rich was also saying something about they
didn't ask for a deviation from the 700. Well, probably because they
expected to be building 700-square-feet rooms, so why would you
deviate from it was my question. I just didn't understand that, you
know. But those were my two points.
CHAIRMAN McDANIEL: Would you like to ask staff about
September 10, 2019
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that, Commissioner Fiala, with regard to your points? I mean, as a
point -- my understanding on the contract purchaser's side of things,
we haven't been helping them remove the tower. It's a requisite for
us to relocate the tower and have it -- Nick, correct me if I'm wrong --
have it situated in another place as a predication for them to go
forward and close.
COMMISSIONER FIALA: Right. So in other words, I mean,
we wouldn't be in there tearing the tower down if we didn't -- you
know, if we didn't know that they were going to need it and if we
weren't working with them.
CHAIRMAN McDANIEL: Well, it's us as a contract seller.
We are the seller of that property. It is a requisite -- a responsibility
of the county CRA to relocate that tower before they have to close.
It's a predication of their closing.
COMMISSIONER FIALA: Yeah. So in other words, they have
standing because we wouldn't be doing this if they weren't moving
forward.
CHAIRMAN McDANIEL: No, no.
COMMISSIONER SOLIS: Can I just --
CHAIRMAN McDANIEL: Yes. Well, yes, you are first, and
you're -- just as a point of clarification, personally I don't believe one
has to do with the other. The requisite --
COMMISSIONER FIALA: Why would we be going in and
tearing the cell tower down?
CHAIRMAN McDANIEL: Well, it's a condition of the sale.
COMMISSIONER FIALA: Right. That's exactly what I'm
saying. And we were working with them as a condition of the sale,
so that means that gives them standing, because we wouldn't be doing
it if there wasn't a sale. Are we --
COMMISSIONER SOLIS: No. Commissioner Fiala, I think --
COMMISSIONER FIALA: Okay.
September 10, 2019
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COMMISSIONER SOLIS: -- we're mixing apples and oranges.
CHAIRMAN McDANIEL: Yes. Thank you.
COMMISSIONER SOLIS: The issue that's being appealed
doesn't relate to the cell tower property.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER FIALA: No, I'm just trying to give standing.
That's what I was trying to do.
COMMISSIONER SOLIS: Right, but they're just -- they're a
contract purchaser of an adjoining property. So this decision doesn't
affect the land use of their property. It's an adjoining property owner.
So the standing issue, as I see it, is does -- the decision that we
make relating to the 700-square-foot minimum size and how that's
applied, does it affect their property somehow? And it's not being
applied against their property. They're saying it should be applied to
their neighbor's property. So this decision doesn't affect the use of
their property.
COMMISSIONER FIALA: Oh, I see. I --
COMMISSIONER McDANIEL: So they're two -- right, there's
two landowners. The decision doesn't affect the appellant's property.
It affects the adjoining property. So that's where the -- it doesn't
affect them, and that's the standing issue, I think, but...
CHAIRMAN McDANIEL: And you didn't have your light on
to talk about that.
COMMISSIONER SOLIS: No, and now I'm trying to
remember what I -- I had another question, and that is the -- yeah.
My other question was the need to actually even clarify anything,
because as I understand it, this issue, one, has never been raised
before ever as to how this 700-square-foot limit has been applied,
whether it applies to hotels or not. We've never applied it to hotels; is
that correct?
MR. CASALANGUIDA: That's correct.
September 10, 2019
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MR. OCHS: That's correct.
MR. KLATZKOW: We've approved hotels --
COMMISSIONER SOLIS: For years.
MR. KLATZKOW: I was in the hotel business for five years,
okay. Nobody builds hotels with 700-square-foot rooms.
COMMISSIONER SOLIS: They're huge.
MR. KLATZKOW: You're talking about penthouse suites.
COMMISSIONER SOLIS: So we've never done that before.
And I only raise this is -- how much of an issue is this really? Has it
ever come up before, and is it worth -- other than it being raised in
this one context by a party that maybe has standing or doesn't, is it
worth even staff's time to amend this because, I mean, I don't see that
it's ever been a question. For -- how long has this been in the code?
It's been in there for decades. A long time.
MR. CASALANGUIDA: Commissioners, I've been here 15
years, and we've never held the 700-foot standard.
CHAIRMAN McDANIEL: My understanding was it had to do
with residential units --
COMMISSIONER SOLIS: Right.
CHAIRMAN McDANIEL: -- not even in conjunction -- on the
premise that we didn't want shoeboxes for people to live in, there was
a minimum square footage set for residential uses. It didn't even
pertain to hotels, but that's --
MR. KLATZKOW: The only benefit of amending the LDC --
and, Commissioner Solis, I agree with you. But the only benefit of
amending the LDC is it ends this issue between these two property
owners.
COMMISSIONER SOLIS: That's kind of my -- you know, are
we going to start amending the Land Development Code to solve
neighborly disputes is -- you know, where does that -- where do we
end up doing that?
September 10, 2019
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COMMISSIONER TAYLOR: That's what keeps attorneys in
business.
CHAIRMAN McDANIEL: Shh. That was your outside voice.
COMMISSIONER SOLIS: As an attorney that's no longer in
the business --
COMMISSIONER TAYLOR: It does.
COMMISSIONER SOLIS: -- I'll agree with you.
CHAIRMAN McDANIEL: Don't say that out loud.
Commissioner -- are you --
COMMISSIONER SOLIS: Anyway. I think -- isn't the first --
the determination of standing is something that the County Manager
or the designee renders, because that's an interpretation, in a way, of
the LDC? Because -- and I'm getting to what Commissioner
Saunders had asked.
MR. KLATZKOW: And what happened was staff asked my
office, do they have standing? And we looked at the application, and
the application is silent as to how they're harmed . And then we asked
them, how were you harmed? And there was no response, so we said
that there was no standing.
COMMISSIONER SOLIS: Okay. So they have that response?
MR. KLATZKOW: Yes.
COMMISSIONER SOLIS: Okay. Okay. Because I was under
the impression that they hadn't gotten an official decision that they
didn't have standing. Okay. They have it.
MR. KLATZKOW: No, no. It's my opinion they have no
standing. I'm coming to the Board and saying this is -- for the
determination for them to appeal, all right, do you believe they have
standing? It's my opinion they do not have standing.
MR. YOVANOVICH: May I add something, or is it
inappropriate?
CHAIRMAN McDANIEL: No. We're all set right now. Okay.
September 10, 2019
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COMMISSIONER SAUNDERS: Mr. Chair, I'm not next, but
we're on the standing.
CHAIRMAN McDANIEL: Can I ask --
COMMISSIONER TAYLOR: No, I would like to discuss this,
because I wanted to talk about something else. But what you're
telling us, County Attorney, is the standing issue has not been
addressed by the appellant?
MR. KLATZKOW: They did not raise any facts or allegations
in their application that would give rise to an inference that they were
harmed.
They could have easily said, the reason for this is that there's
going to be more parking on the other property, and that parking's
going to affect us because. They didn't say that. They could have
said there would be more traffic. They didn't say that. They didn't
say anything.
COMMISSIONER SOLIS: I'll make a -- I'll make a motion.
COMMISSIONER SAUNDERS: Let me ask you a question
before you make the motion.
COMMISSIONER TAYLOR: And then I have --
COMMISSIONER SAUNDERS: Again, I'd asked the question
about whether there had been a formal written notification to the
appellant concerning standing, and there has not.
Now, the -- there obviously has been oral communication, and
that may be sufficient as far as the commission's concerned. I'm not
so sure that it is, but that may be. And I think you were looking at
standing a little bit narrowly because you said there's no standing -- I
don't want to put words in your mouth, but you didn't believe there
was standing because the use of the neighboring property isn't
affecting the use of the appellant's property.
And --
COMMISSIONER SOLIS: It's not what I meant.
September 10, 2019
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COMMISSIONER SAUNDERS: Okay. Well, I wrote that --
COMMISSIONER SOLIS: Decision.
COMMISSIONER SAUNDERS: All right. So standing goes
beyond whether it affects their use. I mean, it could affect their -- the
economics of their use. Like the County Attorney said --
COMMISSIONER SOLIS: But then if that's the case, then
anybody in the county could theoretically allege standing.
COMMISSIONER SAUNDERS: No, because it has to be more
of an impact than just a common impact on the general community.
And so I think arguably an adjoining property is affected. I think
every property owner that's adjacent to a rezone is affected and has
standing. Just as a matter of principle I just think they do because
they are affected. That doesn't mean that if you're two miles away
from the zoning that you have standing.
Now, I'm not opining or giving an opinion at this point as to
whether I believe there's standing or not. I just want to make sure
that procedurally we've done the right thing, and I think standing is
much broader than just the effect on the use. That's all.
CHAIRMAN McDANIEL: Can I ask him a question?
COMMISSIONER SOLIS: Sure.
CHAIRMAN McDANIEL: Commissioner Saunders, do you
believe that the appellant has standing?
COMMISSIONER SAUNDERS: I do not believe that we have
provided the appellant sufficient in-writing notice that there is no
standing.
CHAIRMAN McDANIEL: And --
COMMISSIONER TAYLOR: Well, but --
CHAIRMAN McDANIEL: How can we -- excuse me.
COMMISSIONER TAYLOR: Not that we did because we're
not the Board.
CHAIRMAN McDANIEL: He didn't answer my question.
September 10, 2019
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COMMISSIONER SAUNDERS: Do I think --
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SAUNDERS: I think an affected property
owner has standing generally. Now, do they allege harm? If that's
required in our code, then they haven't gone that step.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: But, yes, I think an affected --
I think a property owner adjacent to a rezone has standing by virtue
of the fact that they're adjacent to a rezone. Now, they may not be
able to articulate any harm.
CHAIRMAN McDANIEL: Right. Well -- and that was my
question. And then procedurally, is it the County Attorney's
opinion -- well, of a process. Because it was my understanding that
this was a Board decision to make the decision of standing and then
ultimately what to do to cure. How can we send a formal notice to an
appellant with regard to standing other than that opinion of the
attorney at that time without the Board ratifying the standing issue?
MR. KLATZKOW: Commissioners, one of the things the
executive summary is asking you is to make a determination, is there
or is there not standing in your opinion?
COMMISSIONER SOLIS: You're asking us to --
MR. KLATZKOW: I'm asking -- to make that determination.
COMMISSIONER SOLIS: And then communicate it to us?
MR. KLATZKOW: Well, yes. And if you determine that
there's standing, then one approach you could do is, okay, direct staff
to advertise the hearing, and it will be brought back.
COMMISSIONER TAYLOR: I'd like to make a motion that we
direct staff to advertise the hearing and bring this issue back.
Because I believe in my laymen's terms, not my legal -- because I
read your opinion -- I think accurately reflects the legal basis for a
standing. But my common sense -- and I'm not saying that you don't
September 10, 2019
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have it or the law doesn't have it. My common sense tells me these
people have standing. I mean, they're -- it's -- they have standing.
And so we need to bring this back to be heard. So I'd like to make a
motion to that effect.
COMMISSIONER FIALA: Okay. And I'll second the motion.
CHAIRMAN McDANIEL: And the motion is to necessarily
select Item No. 2 under recommendations with regard to elect to hear
the appeal at a later date, because we are then alleging that there is
standing?
COMMISSIONER TAYLOR: Correct.
CHAIRMAN McDANIEL: Is that correct?
MR. KLATZKOW: Yes. Or you could reserve the decision to
then if you want. Or you can make the decision now that there is
standing; we'd like to hear it.
COMMISSIONER SOLIS: Well, not to get us even farther into
the weeds but, I mean, if we're going to -- I think we have to either
decide the standing issue or hear the standing issue on the appeal,
because that's what the appeal's about.
CHAIRMAN McDANIEL: Appeal --
MR. KLATZKOW: The appeal is not about the standing issue.
COMMISSIONER SOLIS: The appeal is about -- sorry. You're
right. The appeal is about --
MR. KLATZKOW: Seven hundred square feet.
COMMISSIONER SOLIS: Seven hundred square feet. But the
issue of the standing can be appealed as well. So there may be two
appeals.
MR. KLATZKOW: Yep.
COMMISSIONER TAYLOR: You know, may I say
something? I found this distasteful that we're put in this position by
two competing developers who are trying to come to a decision. I
understand. I understand your position. I'm not saying I wouldn't be
September 10, 2019
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in your seat if I were you doing the same thing, but it's a terrible
position to put us in, terrible, because we are not -- well, exception of
two -- attorneys here.
You know, can you not sit down in the room together and work
this out? Can we not put some kind of -- amend the LDC to reflect
what we feel and have a process, maybe a three- or four-month
process and put a hold on what goes forward? Can we not do this
and end this? Because this is -- this is a snowball rolling down the
hill that gets bigger and bigger and bigger. I just -- I need
clarification, and I'm not -- I see this continuing --
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Right. Well, here's -- I think
you made a motion; is that correct?
COMMISSIONER TAYLOR: I did.
COMMISSIONER SAUNDERS: Here's a potential alternative:
That we direct the County Attorney to issue a legal opinion to the
appellant that there is not standing, if that's his determination, lay out
the basis for that in writing, and then give the appellant the
opportunity to appeal that to the BCC. We meet every two weeks.
Bring that standing issue back after both sides have had an
opportunity to evaluate the position of the County Attorney and give
their legal opinion based on the County Attorney's.
I understand that the County Attorney does not believe that
there's standing, and I understand that that has been orally
communicated to the appellant, and I understand that it's stated in our
executive summary, but I don't know that there's been a formal
written statement to the -- to that finding, and I think that would be
the normal process, and they would appeal that and come back. We
could expedite that and have them back here at our next meeting on
the standing issue.
CHAIRMAN McDANIEL: And that goes back to my original
September 10, 2019
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question to you, and that comes over to your differentiation of a --
procedural-wise with -- and I don't want to get away from your
motion yet -- but the procedural aspect of the County Attorney
expressing an opinion with regard to the standing if, in fact, it
procedurally is the Board's decision.
How can he -- he can't do that.
MR. KLATZKOW: Well, no. I mean, if the Board says,
County Attorney, make the determination, I'd be happy to make the
determination. That's an administrative decision. They have 30 days
to appeal that administrative decision.
COMMISSIONER TAYLOR: To us.
MR. KLATZKOW: To you. So what you're doing is you're
playing into the hands of the contract purchaser by delaying this,
because his guys -- my understanding is that his client's on the
contract now. So he's trying to close now. The other guy's trying to
delay this.
With that approach, Commissioner Saunders, we're delaying
this.
CHAIRMAN McDANIEL: I'm with you. I understand. And --
MR. KLATZKOW: This whole thing here is a game being
played for one developer to get an economic advantage over another
economic (sic).
CHAIRMAN McDANIEL: We had that discussion as well.
MR. KLATZKOW: And it's just --
COMMISSIONER SOLIS: I will agree with what
Commissioner Taylor said. I mean, this is aggravating, to say the
least, that we're here.
CHAIRMAN McDANIEL: It's --
COMMISSIONER SAUNDERS: But we are here.
COMMISSIONER TAYLOR: Then why isn't the appellant
here?
September 10, 2019
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COMMISSIONER FIALA: I don't know.
COMMISSIONER SOLIS: Let me ask a question of
Mr. Yovanovich, and maybe with some input from the County
Attorney.
CHAIRMAN McDANIEL: One second. Before you go
forward, Commissioner Saunders, your light was up, and I just
wanted to make sure I didn't -- thank you.
COMMISSIONER SOLIS: Because this relates to what
Commissioner Saunders was suggesting. If we determine that there
is no standing and that is appealed, they have 30 days to appeal that?
MR. KLATZKOW: No. If you determine, it goes to court.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: It goes to court. What's the -- I
mean, what is the affect going to be on whatever application you
have pending out there -- what's the effect of that going to be on
whatever it is that's pending?
MR. YOVANOVICH: Let's put it this way: For me and my
client, we need to get where we're ultimately going to go. If we're
going to court, let's get to court because, frankly, I've got a due
diligence period on my sales contract that isn't going to survive
another 60 days, and they're just gaming the system on the standing
issue.
COMMISSIONER SOLIS: Okay.
MR. YOVANOVICH: If we're going -- if you're going to -- if
you're going to delay this, delay it the 15 days, get me in front of you
on both issues, and let's put this to bed, because I'm running out of
time. And if that's what their ultimate goal is is to chase away a hotel
developer and have something else developed on that property, let
them come and explain that to you.
COMMISSIONER SOLIS: Okay. So this is -- and I'm -- I was
really getting at, there's no -- there's no application that your client
September 10, 2019
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has that's pending.
MR. YOVANOVICH: I've got an SDP that's been approved,
and I've got --
COMMISSIONER SOLIS: It's been approved.
MR. YOVANOVICH: -- and I've got a contract to sell the dirt
to someone who wants to build a hotel.
COMMISSIONER SOLIS: Okay. Here -- here is -- having now
made the sausage the way we're supposed to -- and I apologize, but I
think now I understand better what the County Attorney was trying to
do in his recommendations.
I think we've got to bring this whole thing to a head. I think we
should decide that there is no standing, and that forces that issue to be
appealed, and we hear both of the appeals, if there's going to be two
appeals, at the same time, and we resolve the whole thing when the
appellant is here not when only one party's here, and that could be an
issue. And let's just be done with this.
MR. KLATZKOW: If you're going to rule that there's no
standing, they're going to appeal that to court.
COMMISSIONER SOLIS: To court. And --
MR. YOVANOVICH: Can I just say one other thing?
COMMISSIONER SOLIS: But I'm understanding that,
Mr. Yovanovich, you're okay with that?
MR. YOVANOVICH: Can I -- yes. And let me say one other
thing: Mr. Klatzkow has done a great job of keeping both the
appellant and the appellee advised as to his formal determination tha t
there is no standing. He let me and Mr. Grant know he was going to
come to you and say he recommends there's no standing on today's
agenda probably two weeks ago if not more.
So there's no question that that determination has been conveyed
to both me and Mr. Grant that today you were going to either ratify
his determination or you weren't.
September 10, 2019
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So this is just another delay attempt for an economic gain on
whether or not we can go forward with what the LDC currently says
and go forward with our Site Development Plan.
COMMISSIONER TAYLOR: Mr. Yovanovich, the backup
material in our agenda item reflects exactly what you said because of
the dates of the letters going back, the arguments going back and
forth.
MR. YOVANOVICH: Right. There's no question they knew.
CHAIRMAN McDANIEL: So there's a -- you have more to
say?
COMMISSIONER SOLIS: Well, I just want to -- I know there's
a motion pending.
CHAIRMAN McDANIEL: Yeah. Let's go ahead and vote on
that.
COMMISSIONER SOLIS: That was a motion to find standing
or --
COMMISSIONER TAYLOR: That they have standing, to
come back to us in two weeks, and we will hear the appeal about the
700 square feet.
MR. YOVANOVICH: What was the question?
CHAIRMAN McDANIEL: That's the motion that's been made
and seconded to determine that they have standing and -- so...
COMMISSIONER SOLIS: That resolves both issues and would
actually not have it -- the standing issue result in going to Circuit
Court.
MR. KLATZKOW: You could defer the decision on standing,
hear the parties during a hearing and, as part of your decision-making
process, make your ruling on standing then. So you could direct staff
to advertise for a public hearing and reserve all your decisions for
that public hearing.
COMMISSIONER TAYLOR: Two weeks?
September 10, 2019
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MR. KLATZKOW: Two weeks. Well, I've got to advertise it.
But we'll try to get it in two weeks, yes.
COMMISSIONER TAYLOR: Well --
MR. KLATZKOW: I mean, the County Manager has a number
of land-use items on the next agenda so, I mean, I hate to make the
promise --
COMMISSIONER TAYLOR: So this goes down the road.
COMMISSIONER SOLIS: That would appear to be the fastest
way to get to a complete resolution of this thing --
CHAIRMAN McDANIEL: No.
COMMISSIONER SOLIS: -- it would seem, because then there
wouldn't be -- well, ultimately, they could appeal that decision as
well on both issues.
CHAIRMAN McDANIEL: It's all going to go to court.
MR. CASALANGUIDA: Could I ask the county -- Jeff, just a
quick question. If the Board were just to direct staff to do a one-line
LDC amendment that says 700 square feet doesn't apply --
MR. KLATZKOW: It's a footnote.
MR. CASALANGUIDA: Right.
MR. KLATZKOW: It's a footnote to the LDC. It does not
apply to hotel rooms.
MR. CASALANGUIDA: Right. If we did that, doesn't this all
go away?
MR. KLATZKOW: It all goes away.
COMMISSIONER SOLIS: How long would that take?
MR. KLATZKOW: Two months --
MR. CASALANGUIDA: Advertising time.
MR. KLATZKOW: -- hopefully.
MR. CASALANGUIDA: Yeah.
CHAIRMAN McDANIEL: I have to say that I agree with our
County Attorney with regard to his recommendations and that we
September 10, 2019
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need to bring it to a head and that the finding of standing can be
determined today. It's going to be appealed one way or the other,
whether it comes back to us or actually goes to court.
The folks that are in -- that are appealing this, the reason they're
not here is they don't really care what we're going to say because
they're going to appeal -- unless we happen to agree with them,
they're going to appeal it one way or the other.
So the -- I concur with the County Attorney that the
recommendations of 1 and 4 need to be followed. This brings it to a
head and takes it out of our box, if you will, so that the parties can go
on about their business; 1 and 4.
But it's been moved and seconded that we go with No. 2. So
we're going to go with that motion first and see how it travels.
COMMISSIONER TAYLOR: Yep. Let's do that.
CHAIRMAN McDANIEL: And that is a finding of -- and
then --
COMMISSIONER TAYLOR: Standing.
CHAIRMAN McDANIEL: -- clarification. You want to -- in
your motion you are stipulating that you believe that the appellant has
standing. So you're going to hear both -- you want to hear both?
COMMISSIONER TAYLOR: That's right.
COMMISSIONER FIALA: Yeah.
CHAIRMAN McDANIEL: It's been moved and --
COMMISSIONER FIALA: By the way, you were correct when
you first said this shouldn't even be in our courtroom, because this
isn't a court.
CHAIRMAN McDANIEL: It's not an unusual circumstance.
You know, I've been in the real estate business all my life, and
competing factions have issues with who gets to go up first and what
they can and can't do, and this is a methodology to manage time.
We're going to get to hear others in the short-term.
September 10, 2019
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So it's been moved and seconded that we move forward with
Recommendation No. 2, which is hear the appeal and render the
determination.
COMMISSIONER SAUNDERS: And this will be at our next
meeting; is that --
MR. KLATZKOW: I don't know that I'd get it advertised fast
enough.
CHAIRMAN McDANIEL: I don't know that we can get it done
by then because of an advertising issue.
MR. KLATZKOW: We've got to advertise it. It will be brought
to you back as quickly as possible.
COMMISSIONER SAUNDERS: First meeting in October then.
MR. KLATZKOW: Probably.
COMMISSIONER SAUNDERS: Well, I want to make sure
we're not disadvantaging --
COMMISSIONER TAYLOR: They're going to be here.
CHAIRMAN McDANIEL: Somebody's getting --
COMMISSIONER SOLIS: This is the issue.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER FIALA: Well, can you get an ad in the
paper yet today or tomorrow?
MR. KLATZKOW: I'd like a 15-day ad, which is a problem
since the next meeting's two weeks away, and usually it takes three or
four days to process with the Naples Daily News. So it's probably
going to be the first meeting of October.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded -- are we okay with the -- are you clear?
(No response.)
CHAIRMAN McDANIEL: It's been moved and seconded that
we follow with Recommendation No. 2.
Commissioner Saunders, you're not allowed to jump in there
September 10, 2019
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like that. Oh, we're in discussion now, that's right.
COMMISSIONER SAUNDERS: I didn't jump in. I just pushed
my button.
CHAIRMAN McDANIEL: We are in discussion. Forgive me.
COMMISSIONER SAUNDERS: I was going to ask Andy what
he thought. He's pushed his button. He's probably going to ask me.
CHAIRMAN McDANIEL: You guys -- well, why don't you --
I'll call on you both right now. Go.
COMMISSIONER SOLIS: To find the -- I think I'm back -- I
think the County Attorney's Option No. 4 is ultimately the thing that
resolves it, but that's a two-month period. That's going to take two
months. I really think we should -- we should just force the appeal --
there's going to be an appeal anyway. I think we have to just make
the determination.
COMMISSIONER SAUNDERS: Let me ask the County
Attorney a question on that 700 square feet. Do we have to do an
amendment, or can we do an official interpretation that basically says
that?
MR. KLATZKOW: Well, you could during the hearing make
the determination that we do not believe the 700 square feet applies
to a hotel room which is not appealable to the Court, and they'll argue
that according to the ordinance it is. That's why the only thin g that
ends this is the footnote.
COMMISSIONER SOLIS: It's like the chicken and the egg.
COMMISSIONER FIALA: That's why we shouldn't even be
here.
COMMISSIONER SOLIS: I really think -- I really think we
ought to -- I know there's a motion, but I'm really going to stress I
think we need to do 1 and 4.
CHAIRMAN McDANIEL: Agreed.
COMMISSIONER SOLIS: And based upon my conversations
September 10, 2019
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with the appellant and the fact that they're not here -- I mean, the fact
that they're not here seems to imply to me that t his issue they don't
really care about that much because if it was really important, they
would be here.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: So I really think that we ought to
just make the determination that there's no standing. If they want to
appeal that, that's fine. And we add the footnote as fast as we can to
clarify the issue, and the whole thing is resolved, and we can be out
of the middle of this thing. That's -- so I would ask the motion
makers to please consider that because, other wise, this thing is going
to go on forever.
CHAIRMAN McDANIEL: Well, no. We can take care of that
all in two shakes here --
COMMISSIONER TAYLOR: Vote.
CHAIRMAN McDANIEL: -- if we go ahead and vote and do
it --
COMMISSIONER TAYLOR: And if it fails, there's a second.
CHAIRMAN McDANIEL: Exactly. It's been moved and
seconded that we follow with Recommendation No. 2. Any further
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
Motion fails 3-2.
New motion, 1 and 4.
September 10, 2019
Page 103
COMMISSIONER McDANIEL: Okay. I'll -- I will make a
motion that we find that there is no standing in this matter and also
direct staff to advertise and bring back an amendment to the Land
Development Code that includes a footnote that says that the
700-square-foot minimum floor area does not apply to hotels.
CHAIRMAN McDANIEL: You had to read 4, too. It's been
moved and seconded -- and I'll second that motion.
It's been moved and seconded that we take the County
Attorney's Recommendations 1 and 4.
COMMISSIONER SAUNDERS: I'll support the motion, but I
just want a little clarification on the standing issue. So there's no
standing because the appellant failed to state any specific harm to the
appellants, not because it doesn't affect their use. But they just didn't
comply with the requirements --
COMMISSIONER SOLIS: In the LDC.
COMMISSIONER SAUNDERS: -- in the LDC.
COMMISSIONER SOLIS: Right.
CHAIRMAN McDANIEL: It's been moved and seconded that
we go along with the Recommendations 1 and 4. You're not allowed
to raise your hand.
COMMISSIONER TAYLOR: I just have a quick question.
The LDC recommends -- I know. Cold hands, warm heart.
The LDC says that it has a way of -- that you must -- if you have
harm, you must declare what that harm is, is that correct, County
Attorney?
MR. KLATZKOW: Yes.
COMMISSIONER TAYLOR: Okay. I missed that one. That's
good.
CHAIRMAN McDANIEL: It's been moved and seconded. Any
further discussion?
(No response.)
September 10, 2019
Page 104
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.
And there you are.
Item #12B
RESOLUTION 2019-163: APPOINTING TWO MEMBERS TO
THE COLLIER COUNTY PLANNING COMMISSION - RE-
APPOINTING STANLEY P. CHRZANOWSKI AS THE AT-
LARGE ENVIRONMENTAL MEMBER – ADOPTED; MOTION
TO INTERVIEW THE OTHER TWO CANDIDATES –
APPROVED
MR. OCHS: Item 12B --
MR. YOVANOVICH: Thank you.
MR. OCHS: -- is a request to appoint two members to the
Collier County Planning Commission.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER FIALA: Second.
MR. KLATZKOW: There's no recommendation.
MR. OCHS: Yes. You have three applicants for two seats,
correct?
COMMISSIONER TAYLOR: Oh, I misunderstood. I
thought --
September 10, 2019
Page 105
COMMISSIONER FIALA: No, but they only recommended
two.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: Yeah. They only recommended
two in the backup.
MR. KLATZKOW: You have --
MR. OCHS: You still have three.
MR. KLATZKOW: You have three seats. You have one
nomination by Commissioner Solis for Stan Chrzanowski. There are
no nominations for any other of the two applicants.
COMMISSIONER SOLIS: I'll make another motion, to
recommend Mr. Schmitt.
CHAIRMAN McDANIEL: Yeah, I thought it was
recommended that we were -- yeah, I was under the impression we
were recommending Mr. Schmitt and Mr. Chrzanowski, and only one
of them had the -- actually, we were -- I thought we were appointing
all three and only one had the actual recommendation of the
commissioner of the district.
So are we supposed to pick two out of this three?
MR. KLATZKOW: Two.
COMMISSIONER TAYLOR: So there's a -- if we look at the --
and I misunderstood.
CHAIRMAN McDANIEL: Me, too.
COMMISSIONER TAYLOR: If we look at the record, the
attendance record of Mr. Schmitt, for two years -- the first year, two
years ago, he missed five out of 12 meetings.
COMMISSIONER SAUNDERS: Who?
COMMISSIONER TAYLOR: Mr. Schmitt. This last year he's
missed -- a year ago he missed 50 percent of the meetings, his
attendance record.
COMMISSIONER FIALA: Now, last year he missed one,
September 10, 2019
Page 106
right? I was looking --
COMMISSIONER TAYLOR: No, this year -- no, no. He
missed six last year, this year it's only half the year, so it's not
available. It's in the backup here.
COMMISSIONER FIALA: Yeah, I looked. I was studying that
because I was --
COMMISSIONER TAYLOR: So that's -- and I'm not trying to
point -- you know, single him out and say, oh, my goodness, you
know, what's really going on here, but I had heard, frankly, that he
was missing a lot of meetings, and I was very pleased to see that it
was in the backup.
And my concern, of course, is the absences, because, I
understand, he has work -- it's a volunteer board. My goodness, he
has to work. But he's called out of the country on more than one
occasion.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: So my question is, maybe this is
a position that needs to go to someone else so that --
COMMISSIONER FIALA: I'm trying to find -- because I saw
that same thing about the other person, and they didn't recommend
them, but I don't see it now.
COMMISSIONER TAYLOR: I'll pass it down.
CHAIRMAN McDANIEL: So it's a matter of picking one of
these three that have currently applied?
MR. KLATZKOW: You don't have -- you can -- for example,
you can pick one of them and say, you know, bring us more
applications.
CHAIRMAN McDANIEL: Right.
MR. KLATZKOW: None of them, bring us more applications,
or two of them, and we're done. It's the pleasure of the Board.
CHAIRMAN McDANIEL: Okay. So the goal here today is to
September 10, 2019
Page 107
pick two of the three who have, in fact, applied.
MR. KLATZKOW: The goal here today is to get a decision as
to what you want to do about your Planning Commission.
COMMISSIONER SOLIS: Or pick one and ask for more.
COMMISSIONER TAYLOR: So we have three applicants for
one position -- or for two positions.
CHAIRMAN McDANIEL: These are at-large positions,
correct?
MR. KLATZKOW: You can take a motion right now for
Mr. Chrzanowski and be done with that. Then you could decide
whether or not you want to keep Mr. Schmitt on.
COMMISSIONER TAYLOR: I'd like to make a motion to
nominate Mr. Chrzanowski for the Planning Commission.
COMMISSIONER FIALA: And I'll second it.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept Mr. Chrzanowski's application for Planning Commission.
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.
How about the other position; do you want to -- what's the
pleasure?
COMMISSIONER FIALA: We could go back and advertise it
again, right, or --
September 10, 2019
Page 108
MR. KLATZKOW: If --
COMMISSIONER FIALA: -- or I don't know. I really wish -- I
am sure that I saw someplace, I just don't know where, that they were
not recommending the third fellow.
MR. KLATZKOW: There's no recommendation of anybody
here. This isn't --
COMMISSIONER SOLIS: It's up to us.
MR. KLATZKOW: It's a quasi-judicial committee, so there's no
recommendation. So you have Mr. Schmitt and you have another
applicant. If you're not happy with either one of them, we'll
advertise. You'll just have an open seat on the Board until it's filled.
CHAIRMAN McDANIEL: Commissioner Saunders, are you
familiar with Amal?
COMMISSIONER SAUNDERS: I'm sorry?
CHAIRMAN McDANIEL: I'm sorry. I didn't mean -- are you
familiar with the candidate from -- the applicant from District 3,
spoken to --
COMMISSIONER SAUNDERS: No.
CHAIRMAN McDANIEL: -- familiar with at all?
No. I mean -- and these are at-large positions, if I'm not
mistaken, correct --
COMMISSIONER FIALA: Yes.
CHAIRMAN McDANIEL: -- or are they fulfilling the --
MR. KLATZKOW: It's at-large environmental position.
CHAIRMAN McDANIEL: At-large environmental position.
Gotcha.
MR. KLATZKOW: And if you want, you could interview a
candidate, either separately amongst yourselves or just bring him in
here.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: I think that would go a long
September 10, 2019
Page 109
way.
CHAIRMAN McDANIEL: Readvertise for another candidate?
COMMISSIONER TAYLOR: Well, we could ask the two --
Mr. Schmitt and -- or at least Ms. Rodriguez to come in and to
interview her. And I hate to say this, you know, like, oh, we always
did it, but in the city we always interviewed candidates before we
appointed. Even candidates that we knew, we interviewed them
again, because the commissioners or the council people were new
sometimes, and they had specific questions. So I think that would be
wonderful.
MR. KLATZKOW: This is your most important board.
CHAIRMAN McDANIEL: Right.
COMMISSIONER FIALA: Yeah.
COMMISSIONER SOLIS: I think that's a -- and we can get
some feedback from Mr. Schmitt.
CHAIRMAN McDANIEL: I personally am okay with
Mr. Schmitt. He's done a good job. I mean, we all know that he had
travels. He's a prior director of development services, if I'm not
mistaken. I've watched him. He serves on our -- he serves on our ad
hoc -- or the Affordable Housing Committee. I've watched -- he's
very diligent with it. I'm totally okay with Mr. Schmitt coming in as
far as that goes. And, I mean, his attendance record is somewhat
suspect, but that also had to do with life.
COMMISSIONER SOLIS: Yeah. Well -- and maybe -- but I --
and I agree with you. I really didn't appreciate that he had missed so
many meetings, and -- but it would -- I would like to know from him
what he sees his future travel plans as being.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER SOLIS: Because if he sees it increasing --
CHAIRMAN McDANIEL: Then certainly he should resign.
COMMISSIONER SOLIS: Yeah, or, you know, let's get an
September 10, 2019
Page 110
idea at least what he sees for the future and if it's going to make it
harder for him to attend or not. I mean, I think he's done a great job
myself.
COMMISSIONER FIALA: I think you're right. And you know
what we should do, we should definitely approve Stan Chrzanowski
today --
CHAIRMAN McDANIEL: We did that.
COMMISSIONER FIALA: -- and let's invite the other two
candidates in, just as Penny Taylor -- Commissioner Taylor had said,
and let's interview them.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER FIALA: I think that's a good idea.
COMMISSIONER TAYLOR: And I misspoke. The candidate
that we don't know is Mr. Amal El -Hefnawy.
CHAIRMAN McDANIEL: Right, not Rodriguez.
COMMISSIONER TAYLOR: No. Rodriguez is --
CHAIRMAN McDANIEL: So we're not going to go out and
ask for more applicants. We're just going to invite the two that are
here and have submitted to come back? It's been moved --
COMMISSIONER TAYLOR: At our next meeting, right?
CHAIRMAN McDANIEL: It's been moved?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: And seconded.
COMMISSIONER FIALA: Yes.
CHAIRMAN McDANIEL: That we invite the two other
candidates to come back for a brief interview. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
September 10, 2019
Page 111
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
COMMISSIONER TAYLOR: And maybe when they do come
back, because it will be -- it could be at a time certain or something
so that they won't be sitting here all day long.
CHAIRMAN McDANIEL: Yeah. We'll do it early on in the
day so we get through the process.
COMMISSIONER FIALA: Our gentlemen there are writing
furiously --
CHAIRMAN McDANIEL: Yes.
COMMISSIONER FIALA: -- to comply with your wishes.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that takes -- I'm sorry. That takes
us to Item 15, staff and commission general communica tions.
Just a reminder that you have a workshop on October 29th
regarding the Mental Health and Addiction Ad Hoc Committee
recommendations for the strategic mental-health plan for the
community. That's at 9 a.m. in this boardroom.
And other than that, that's all that I have today, Mr. Chairman.
CHAIRMAN McDANIEL: County Attorney?
MR. KLATZKOW: I've said enough for one day.
CHAIRMAN McDANIEL: More than regular, I will say.
How about our Clerk of Courts?
THE CLERK: Thank you, Commissioner. Nothing today.
September 10, 2019
Page 112
CHAIRMAN McDANIEL: Glad to have you, by the way.
THE CLERK: Thank you.
COMMISSIONER SOLIS: I will keep it brief, because I've said
way too much already myself.
I just want to mention that the ad hoc committee is -- that we're
going to have the workshop on in October is doing an amazing job. I
mean, I was somewhat skeptical as to whether or not they could come
up with a strategic plan on something so complicated as the
mental-health issue and addiction issue that we're facing, and they're
getting it done.
CHAIRMAN McDANIEL: Good.
COMMISSIONER SOLIS: And I was remiss in not thanking
Michelle McCloud from the City Council that was here accepting one
of the proclamations for her service on that committee, because she's
been a very important part of that.
And I'll point out again that the consultant that was -- that is
helping put the strategic plan together has commented again that --
how amazing it is that all of these different organizations and
agencies are working together with -- working together so
collaboratively to come up with this plan with no, you know, turf
kind of concerns.
It's -- we are extremely lucky in Collier County to have so many
involved in this that are just concerned with doing the right thing for
the county. And he also said that he'd never seen that in all the time
that he's been doing this. That's the second consultant that's said that.
So I think it's a great testament to the folks in the county, how
important this issue is, and how hard everyone is working to solve it.
CHAIRMAN McDANIEL: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: That's wonderful.
Nothing. Good to be back and see everybody.
September 10, 2019
Page 113
CHAIRMAN McDANIEL: Good to have you back. I hear
you're going back for a wedding?
COMMISSIONER FIALA: Yeah, going back for a wedding in
October.
COMMISSIONER TAYLOR: In Amish country?
CHAIRMAN McDANIEL: Oh, yes.
COMMISSIONER FIALA: Yeah. But the Amish get married
on Tuesday, Wednesday, or Thursday, so I won't be missing a
meeting.
CHAIRMAN McDANIEL: Milk the cows.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I do have one question for the
County Attorney and maybe a suggestion. In our ordinance dealing
with smoking in public buildings and all, do they cover vaping? And
if they don't specifically cover vaping, which I'm sure they don't, I
would like to see us bring back an ordinance, amendment, or
whatever policy amendment we need to make sure that wherever we
limit smoking cigarettes that we also eliminate vaping.
MR. KLATZKOW: We can look into that, sir.
COMMISSIONER FIALA: That's a good one.
CHAIRMAN McDANIEL: You also -- just to make a point,
you also have to be cognizant of the card-holding medical cannabis
consumers who can, in fact, vape, and that is a medication. So
caution as you're going forward.
COMMISSIONER SAUNDERS: I don't know that with
medical marijuana and the vaping you can do that in public anyway.
CHAIRMAN McDANIEL: I think you can. But just as a note.
It's a -- I like the idea of taking care of the vaping aspect.
COMMISSIONER SAUNDERS: Whatever -- you know, if
there has to be a limitation if you've got a medical marijuana card,
that's okay, fine, but I'd like to see us ban vaping in our public spaces.
September 10, 2019
Page 114
CHAIRMAN McDANIEL: Good idea. Anything else?
COMMISSIONER SAUNDERS: No.
CHAIRMAN McDANIEL: Okay. Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah, a couple of things. I first
wanted to thank my assistant, Sherry Greco, and Aimee Trochessett
and also Chris Montolio who's the graphic specialist, because with
their hard work we put together an analysis of the agenda by district,
and it's -- it will be available for everyone. We posted it to our
website. This -- right before -- I guess it was Friday before this
meeting, but the intention is to -- it was a labor of love and a
gnashing of teeth and a tearing of hair, but it got done, and now we're
going to make this a little more streamlined, and it will be available
to all the commissioners.
COMMISSIONER SOLIS: I'm sorry. What is it?
COMMISSIONER TAYLOR: It's an analysis of the agenda by
district.
CHAIRMAN McDANIEL: We had already done that.
COMMISSIONER TAYLOR: I think Sue does it for you, but
now --
CHAIRMAN McDANIEL: She was pulling things off
specifically for District 5, but we'd already -- staff had already come
through and delineated --
COMMISSIONER TAYLOR: No, it's visually now. Not
only -- not only by what we get where it says. Now we're -- now
each agenda item is listed whether it's District 1, District 2 --
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: -- all districts at the beginning.
So we actually reformatted the agenda to make it easier for folks --
CHAIRMAN McDANIEL: To find the things?
COMMISSIONER TAYLOR: -- to find the things.
CHAIRMAN McDANIEL: I thought we'd already talked about
September 10, 2019
Page 115
doing those things, Leo.
MR. OCHS: You asked us to identify in the agenda index the
commission district that's affected by the item, which is in there.
COMMISSIONER TAYLOR: Which is there.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: But it's at the end.
COMMISSIONER FIALA: Do you have something in writing
that we can see?
COMMISSIONER TAYLOR: Yeah, yeah. In fact, I'll get
Sherry to make sure everybody gets it.
COMMISSIONER FIALA: Good.
COMMISSIONER TAYLOR: So the most exciting thing, part
of this, is that we had 202 clicks on this agenda page since we posted
it on Friday. Seventy-nine of those folks clicked to find out what
district they're in. Isn't that wonderful?
COMMISSIONER FIALA: Yeah, yeah.
COMMISSIONER TAYLOR: And three shares to Facebook.
But I like the fact that almost a third of the people, a little bit more
than a third of the people really wanted to clarify where they lived.
So to me it just -- it enhances voter participation, and that's what
we -- that's what we want, taxpayers' participation whether they vote
here or not.
Second thing, the discussion about painting the benches brings
me back to the CRA and the concept of murals. And we have a
strategic arts plan that will be unveiled, I understand, in January, so
it's right here.
So I'd like to see if there's consensus on this board that we -- not
cease and desist, but, you know, abey -- put any kind of mural effort
in abeyance until the strategic plan comes forward, because if you
think that advertising on benches can look bad, not everyone's an
artist, and sometimes these things go the wrong way.
September 10, 2019
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So I think there has to be standards. It needs to have a public
arts feeling. There has to be a framework around it. So that's what
I'd like to see if I have consensus of my colle agues.
COMMISSIONER SAUNDERS: Quick question,
Mr. Chairman.
CHAIRMAN McDANIEL: Commissioner Saunders, please.
COMMISSIONER SAUNDERS: Are there any murals that are
currently underway? I mean, I'd hate to see us do something that's
going to stop somebody in the middle of something. So if it can
apply only to anything new from this date forward until January, I
don't have an issue with that --
COMMISSIONER TAYLOR: Yep.
COMMISSIONER SAUNDERS: -- but if there's something
already -- that's gone through the work -- because I think there's a
process that we have for approval of those right now. If it's already
gone through that process or is in that process, I wouldn't want to
stop it.
COMMISSIONER TAYLOR: Yeah. I don't think there's
anything, and I think the area would probably be maybe Immokalee
and the CRA and also the CRA on Bayshore. I think that's where it
is.
COMMISSIONER FIALA: Yeah.
COMMISSIONER TAYLOR: So I don't think there's anything.
But I know they're hard -- you know, everyone is -- they've named
themselves the Bayshore Arts District; some people have. Then we
have the Naples Art District, which is the one off of Pine Ridge and,
you know, the Immokalee. So I think that it would help us. It's not a
year. It's only -- let's hear from the community, which is what the
strategic art plan is going to do.
COMMISSIONER FIALA: Did you bring that up already at a
CRA meeting?
September 10, 2019
Page 117
COMMISSIONER TAYLOR: No, I haven't. You got me
thinking today.
COMMISSIONER FIALA: Oh.
COMMISSIONER SAUNDERS: Would it make sense to have
this as an agenda item at our next meeting so if there is some impact
that we're not aware of that --
CHAIRMAN McDANIEL: I think I'd -- I would rather see that.
I'm scared of making on-the-fly consensus determination about
people's rights. I believe we have a process in place -- please don't
make a face while I'm speaking. I try not to while you are.
COMMISSIONER TAYLOR: It's not your right to paint on
your building.
CHAIRMAN McDANIEL: I understand that. But I'm entitled
to my opinion whether you choose to agree with them or not.
And I want to make sure that if there is a public opinion with
regard to those murals -- because, as you said, it does impact my
community in Immokalee.
COMMISSIONER TAYLOR: Yep.
CHAIRMAN McDANIEL: And we have been very aggressive
in bringing the Immokalee folks to Immokalee to find out what the
community, in fact, wants. I know we have a process in place. And I
think having an actual agenda item is a far better way to manage that
as opposed to a consensus item to delay any continuing activity.
COMMISSIONER TAYLOR: Well, it's not to delay anything.
It's just to postpone any kind of mural activity.
CHAIRMAN McDANIEL: What's the difference between
postpone and delay?
COMMISSIONER TAYLOR: Postpone is the wrong word. To
preempt any --
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: -- single individual deciding that
September 10, 2019
Page 118
they want to paint on all the benches because they heard us talk about
bench painting today.
CHAIRMAN McDANIEL: Bring it back as an agenda item,
and I'm okay with it. But consensus is an issue.
COMMISSIONER FIALA: I think it's important for the CRA
to be discussing that, because they've discussed it many times with
murals, and they have --
COMMISSIONER TAYLOR: Yep.
COMMISSIONER FIALA: -- varying opinions about them.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER FIALA: They're from one end to the other
end, so...
COMMISSIONER TAYLOR: Right.
CHAIRMAN McDANIEL: And I have a different opinion all
the time when I get to see --
COMMISSIONER FIALA: Actually, I'm agreeing with you
this time.
CHAIRMAN McDANIEL: Outstanding. Finally.
COMMISSIONER TAYLOR: She said.
CHAIRMAN McDANIEL: Finally, finally.
COMMISSIONER FIALA: Well, listen, mark that up
someplace.
CHAIRMAN McDANIEL: Somebody write that down.
COMMISSIONER SAUNDERS: I would agree to put this on
the agenda for the next meeting so that everybody is aware of what
we're talking about.
CHAIRMAN McDANIEL: Agreed.
COMMISSIONER TAYLOR: That's fine.
COMMISSIONER FIALA: And just let me ask: As long as
you're talking about the arts, I know that this is, like, the start of, but
we're going to -- we're going to have a piece of sculpture that's
September 10, 2019
Page 119
coming in in November or December --
CHAIRMAN McDANIEL: Right.
COMMISSIONER FIALA: -- and there's going to be a fanfare
as it's on 951 --
CHAIRMAN McDANIEL: Seventy-five.
COMMISSIONER FIALA: -- right before U.S. 41. And so
that's like our donation to -- not ours. The many people who have
donated -- to the arts program that we are promoting. I think it's a
good idea, and I'm hoping that it will incite/incentivize many people
to add some public art. That's what I'm talking about is public art.
That would be nice.
COMMISSIONER TAYLOR: And so then my response to that
because I was again -- and I keep going back, but in 2002 on the City
Council the concept of public art came up, but we formed a public
arts advisory board because, again, everybody thinks -- not
everybody, but some folks feel that they're artists, and it's -- and then
not only --
CHAIRMAN McDANIEL: Some are better than others.
COMMISSIONER TAYLOR: Not only that, but you have it --
for instance, a sculpture, but no one takes it -- there's a maintenance
involved, and it can get expensive over years.
So there's a lot of -- and then there's insurance and all those
things. So there's a cost involved with public arts, and I think it
would be really advisable to have a public arts advisory board in the
county, and hopefully that will come out of the discussions at the
strategy arts plan. And I assume every of our commissioners are
going to have their own meetings about it. Right?
CHAIRMAN McDANIEL: Well, I've directed them to come
off to District 5 in a different path as opposed to trying to have one
pep rally.
COMMISSIONER TAYLOR: Have a meeting, okay, good.
September 10, 2019
Page 120
But they should have been in touch with everybody, right?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: Okay. And then, finally, so
that -- and this is not a controversial issue at all. I'd like to see if we
can have staff present on growth and the return on investment of
growth, the ROI of growth in Collier County.
Now, you can scratch your heads a little bit and wonder what
we're going to do, but we heard from Mr. Minicozzi, and he'd be a
great asset in this process. But, clearly, we are in a position now
where we're growing, and it's important, and we're very dependent on
a general fund that supplies the revenue for -- from the -- from taxes.
And I understand that.
But I need to understand what the nexus is between when we
start to lose money, because all we're doing is kind of chasing that
wheel. We keep -- oh, we've got to -- we've got to do this, we've got
to do that because it's going to build up our General Fund. But what
about the impact fees not paying for growth because they're not high
enough and we're regulated on that?
So it's a very complex problem, but I've been thinking about it
over the summer, so I'd like to see if -- not any time soon, but to let
you present to us the return on investment of growth in Collier
County. What is it? Give us the figures, the data. Not controversial
at all.
MR. OCHS: That's one vote.
CHAIRMAN McDANIEL: Yeah. I was going to say there's
one -- go ahead, Commissioner Solis.
COMMISSIONER SOLIS: How do you measure the return?
What are you referring to?
COMMISSIONER TAYLOR: You know, we've got to, right?
COMMISSIONER SOLIS: But I'm asking. I mean, I'm -- it's a
question. I mean, what -- how do you -- return in what sense?
September 10, 2019
Page 121
COMMISSIONER TAYLOR: The -- are the people here
paying for growth for the future, our residents? Are they -- are we
speculating on the future? Are we allowing development to tell us
how we should grow instead of the way we should grow? All those
questions are critical to our future and encompass a lot of what we're
doing right now.
So to me to have an analysis of it, perhaps -- you know, perhaps
we go back to Urban 3 and Joe Minicozzi and ask. I mean, he's
already pointed out the -- you know, where the tax money's coming
from Collier County. Basically the return on investment is the gulf,
the gulf coast folks.
And so the issue is, what is our return on investment for the kind
of development we're planning in the future, for what's here right
now? What kind of impact fees -- does impact fees really pay for
growth going forward, or are we always playing catch up? And I
don't mean Ketchup like you put on a hamburger.
So, yeah, I just had -- I think it might be a fascinating
conversation.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I'm not going to support that
right now for a couple of reasons. The first and primary reason is
we've got staff that, quite frankly, we are piling lots and lots of
important stuff on, and I don't want to divert staff's attention from
things that we need to conclude, like the amateur sports facility, like
the Golden Gate Golf Course issues, the veterans nursing home, the
issue that Commissioner Solis is working on with the mental-health
facility.
Commissioner Fiala's working on the plans for East Naples and
development. There's a lot of stuff there, and I just don't want to
divert staff's attention at this point, so I'm not going to support
another additional issue.
September 10, 2019
Page 122
Now, I would welcome some analysis from Commissioner
Taylor as to what it is that she's trying to accomplish with that, and
then I would certainly reconsider that. But just based on a return of
investment of development, I'm going to pass on that one.
COMMISSIONER TAYLOR: I would love to do that.
CHAIRMAN McDANIEL: I was going to suggest that --
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: -- that you do your own analysis
and do what you need to do in order to ascertain and put your
opinions forward with regard to that, because I concur with
Commissioner Saunders that we have a lot of things that we need to
take priority. So I'm not counting three heads or three nods --
COMMISSIONER TAYLOR: No, there's not.
CHAIRMAN McDANIEL: -- to go forward with that, have it as
a discussion.
COMMISSIONER TAYLOR: But is there -- are there three
nods that I can do my own analysis of that?
CHAIRMAN McDANIEL: You can do whatever you want.
COMMISSIONER SAUNDERS: You can always do that.
CHAIRMAN McDANIEL: You don't have to ask permission.
COMMISSIONER SAUNDERS: You only need one nod --
CHAIRMAN McDANIEL: Yeah. I was going to say, you
could just do that after I hit the gavel.
COMMISSIONER TAYLOR: Well, you know, you can always
gavel me quiet.
COMMISSIONER FIALA: No, we can't.
CHAIRMAN McDANIEL: That doesn't work real well. I tried.
COMMISSIONER TAYLOR: And then, finally, I'd like to see
if we can -- and there's yet to be a decision yet about whether this is
going to be a workshop or an agenda item. But if it is an agenda
item, I'd like to make sure that we have consensus to have a time
September 10, 2019
Page 123
certain for the white paper for the RLSA, because you, as the
chairman, this year would make that decision, and I just want to make
sure that if it is incorporated within a --
CHAIRMAN McDANIEL: I have already given instruction to
our County Manager, should we hear anything -- and any of my
colleagues wish to have a time certain put upon it, they don't need to
have my permission or even ask me.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: So if you want to see a time certain
on that, set it up, as long as your County Manager concurs.
COMMISSIONER TAYLOR: Well, depending if it's a
workshop. If it's a workshop, it doesn't matter.
CHAIRMAN McDANIEL: That's not even my decision. If we
think a time certain is important, you have that ri ght to ask for and
should receive it.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Absolutely. All of us do.
Are we all set?
COMMISSIONER TAYLOR: That's it.
CHAIRMAN McDANIEL: Okay. I have two things: Number
one, there was a rather contentious issue came forward with one of
my citizenry in Chokoloskee to rename the Chokoloskee Bridge to
the William Joseph Brown Bridge. You didn't find that to be such a
great idea.
I want you to know that Kenny Brown and I went and met with
Chairman Bill Cypress and had a discussion just to the -- just to let
the tribe know that our intentions were not ill; that Mr. Brown was
one of the original founders of -- or settlers of the island, and
virtually everyone in the neighborhood down there is related, so --
but -- and it was really cool because it turns out that Chairman Billy
Cypress and Kenny Brown were elementary schoolmates in --
September 10, 2019
Page 124
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN McDANIEL: -- sixth and seventh grade in
Everglades City, so we had two hours of old home week, so it was
pretty nice.
COMMISSIONER FIALA: That was fun.
CHAIRMAN McDANIEL: So there was a compromise
discussed, and we'll bring that forward should it meet with approval.
The other subject has to do with our County Manager's
discussion about the 29th workshop. I -- as chair -- as you know, you
receive a lot of things for and on behalf of the Board of County
Commissioners as chairman. I received a letter of suggested
contribution to the county with regard to five acres of land over by
David Lawrence Center, and I wanted you to know -- I can make
copies of this available to you if it hasn't already been, but I wanted
you to be made aware that it's the consensus of staff for us to have
this discussion with regard to that contribution in the workshop in
October and not do anything in advance with regard to that.
COMMISSIONER FIALA: In other words, to build an even
better facility than what they were going to build there, right?
CHAIRMAN McDANIEL: Correct.
COMMISSIONER FIALA: Oh, that's great.
CHAIRMAN McDANIEL: The contribution comes with
stipulations to its use, and that's where there was some generated
concern. And without having the input of the mental -- the ad hoc
committee that's coming up with our mental-health plan for the
county, staff's recommendations with regard to future plans for
campus operations and so on that -- we were going to table this
discussion for and until that workshop in October. But I wanted to --
COMMISSIONER SOLIS: I don't know that I've seen that
letter.
CHAIRMAN McDANIEL: You haven't because it came to
September 10, 2019
Page 125
me --
COMMISSIONER McDANIEL: Okay.
CHAIRMAN McDANIEL: -- as the chair. And I think -- I just
got it yesterday. Well, I mean --
MR. OCHS: Yeah.
CHAIRMAN McDANIEL: -- it was dated in October 26th, but
it comes -- it was sent straight --
COMMISSIONER TAYLOR: Who's giving land or who wants
to donate land?
CHAIRMAN McDANIEL: The foundation for David
Lawrence, the David Lawrence Foundation, which is a separate
organization than that David Lawrence Center owns five acres on the
other side of the church to the east of where David Lawrence
currently is located.
COMMISSIONER SOLIS: Does the letter say anything about
the litigation between --
CHAIRMAN McDANIEL: No.
COMMISSIONER SOLIS: -- the Center and the Foundation
over that property?
MR. OCHS: There is a reference to that in the letter.
COMMISSIONER SOLIS: Is there?
MR. OCHS: Yeah. And we'll get that to you --
CHAIRMAN McDANIEL: Oh, it does. It actually delineates
the case and the litigation that's in there. I just -- again, it was -- I
was -- we had talked about it yesterday during staff meetings. I
wanted you to be made aware of it. We will make sure everybody
gets copies of it, including the court reporter. And I have stretched
her way past, way past.
COMMISSIONER TAYLOR: Well, I'd like to compliment our
chairman for getting this meeting over at 12:36.
COMMISSIONER FIALA: Yeah.
September 10, 2019
Page 126
CHAIRMAN McDANIEL: Well, it's no compliments to me.
It's all in cooperative effort.
So with that, we are adjourned.
*****
**** Commissioner Fiala moved, seconded by Commissioner Taylor
and carried that the following items under the Consent and Summary
Agendas be approved and/or adopted ****
Item #16A1 – Moved to Item #11C (Per Agenda Change Sheet)
Item #16A2
CHAIRMAN TO SIGN A COLLIER COUNTY LANDSCAPE
MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN
COLLIER COUNTY AND SBP HOLDINGS, LLC, FOR
LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN
109TH AVENUE PUBLIC RIGHT-OF-WAY. (DISTRICT 2) –
THERE IS NO COST TO COLLIER COUNTY ASSOCIATED
WITH THIS PROPOSAL; SBP HOLDINGS, LLC, IS
RESPONSIBLE FOR ALL RECORDING FEES
Item #16A3
CHAIRMAN TO EXECUTE TOURIST DEVELOPMENT TAX
GRANT AGREEMENT FOR 2019/2020 WITH THE CITY OF
NAPLES FOR BEACH MAINTENANCE FOR A NOT TO
EXCEED AMOUNT OF $191,000. (DISTRICT 4) – AN ANNUAL
AGREEMENT ENTERED INTO BY THE COUNTY AND CITY
EACH YEAR
September 10, 2019
Page 127
Item #16A4
RECOGNIZING AND APPROPRIATING REVENUE FROM
INSURANCE CLAIM RECOVERIES TO THE LANDSCAPE
OPERATION FUND (112), IN THE AMOUNT OF $44,681.74 FOR
FISCAL YEAR 2019 AND AUTHORIZE ALL NECESSARY
BUDGET AMENDMENTS. (ALL DISTRICTS) – WILL ALLOW
FOR THE PURCHASE OF MATERIAL NEEDED TO MAKE THE
ASSOCIATED REPAIRS
Item #16A5
AMENDMENT NO. 2 TO THE 2017 AGREEMENT WITH THE
CITY OF NAPLES GRANT APPLICATION FOR THE SOUTH
BEACH PARK IMPROVEMENT; EXTEND IT TO FEBRUARY 1,
2020, AND MAKE A FINDING THAT THIS ITEM PROMOTES
TOURISM. (DISTRICT 4) – DUE TO UNFORESEEN DELAYS IN
THE BID PROCESS, THE UPCOMING SUMMER BREAK AND
OTHER CIRCUMSTANCES THE PROJECT WILL NOT BE
COMPLETED BY THE DEADLINE OF SEPTEMBER 30, 2019
Item #16A6
CHAIRMAN TO EXECUTE CHANGE ORDER NO. 1 WITH THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) AGREEMENT NO. 19CO1 WIGGINS
PASS INLET MANAGEMENT PLAN INCREASING THE
AMOUNT OF STATE FUNDING AVAILABLE FOR
REIMBURSEMENT AND MAKE A FINDING THAT THIS ITEM
September 10, 2019
Page 128
PROMOTES TOURISM. (DISTRICT 2) – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16A7
CHAIRMAN TO EXECUTE AGREEMENTS NO. 19CO2 AND
NO. 19CO3 WITH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION BUREAU OF BEACHES
AND COASTAL SYSTEMS FOR HURRICANE IRMA
RECOVERY PROJECTS FOR THE COLLIER COUNTY
BEACHES AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM. (ALL DISTRICTS)
Item #16A8
RELEASING A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $127,224.20 FOR PAYMENT OF $724.20
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. KERI C. JOHNSON,
RELATING TO PROPERTY LOCATED AT 8137 RONDA CT,
COLLIER COUNTY, FLORIDA. (DISTRICT 2) – THE
PROPERTY WAS ACQUIRED VIA A FORECLOSURE SHORT
SALE; THE NEW OWNER TOOK TITLE TO THE PROPERTY
UNAWARE OF THE EXISTING VIOLATIONS
Item #16A9
RELEASING A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $22,711.90, FOR PAYMENT OF
$1,611.90, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. PELICAN RIDGE
September 10, 2019
Page 129
OF NAPLES ASSOCIATION, INC., CASE NO.
CESD20170001945, AND INCIDENTALLY, ALSO RESOLVE A
PENDING APPEAL. (DISTRICT 2) – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16A10
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $131,780 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER 60.080.12,
PL20160002229 FOR WORK ASSOCIATED WITH ISLES OF
COLLIER PRESERVE PHASE 10, LAKES 6C, 2A, 2D, 2E AND
2F. (DISTRICT 4)
Item #16A11
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $89,700 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER 60.155,
PL20170000920 FOR WORK ASSOCIATED WITH ADDISON
PLACE. (DISTRICT 3)
Item #16A12
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $1,000,000 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER 60.101-1,
PL20140001878 FOR WORK ASSOCIATED WITH WINDING
CYPRESS UNIT TWO, AND EXCAVATION PERMIT NUMBER
60.101-2, PL20150001600 FOR WORK ASSOCIATED WITH
WINDING CYPRESS PHASE 2. (DISTRICT 1)
September 10, 2019
Page 130
Item #16A13
CLERK OF COURTS TO RELEASE A CASH BOND IN THE
AMOUNT OF $10,710 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20100000942) FOR WORK
ASSOCIATED WITH BEAUMARIS. (DISTRICT 1)
Item #16A14
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $59,500 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20180001531) FOR WORK
ASSOCIATED WITH ABACO POINTE (F/K/A 951 VILLAS).
(DISTRICT 5)
Item #16A15
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $3,260 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20150002387) FOR WORK
ASSOCIATED WITH RACETRAC AT DAVIS. (DISTRICT 3)
Item #16A16
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $8,000 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
September 10, 2019
Page 131
AUTHORIZATION (EWA) (PL20180003718) FOR WORK
ASSOCIATED WITH SIENA LAKES. (DISTRICT 2)
Item #16A17
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $43,660 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20170003429) FOR WORK
ASSOCIATED WITH THE CREST AT NAPLES. (DISTRICT 1)
Item #16A18
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $27,740 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20170004177) FOR WORK
ASSOCIATED WITH THE SPRINGS AT HAMMOCK COVE.
(DISTRICT 4)
Item #16A19
CLERK OF COURTS TO RELEASE A CASH BOND IN THE
AMOUNT OF $19,200 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20160003068) FOR WORK
ASSOCIATED WITH THRIVE AT NAPLES. (DISTRICT 4)
Item #16A20
September 10, 2019
Page 132
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $1,520 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20170002291) FOR WORK
ASSOCIATED WITH 808 WIGGINS PASS. (DISTRICT 2)
Item #16A21
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $15,000 WHICH WAS POSTED AS A
GUARANTY FOR WORK WITHIN THE COUNTY RIGHT-OF-
WAY; PERMIT PRROW20180213800. (DISTRICT 2)
Item #16A22
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $15,000 WHICH WAS POSTED AS A
GUARANTY FOR WORK WITHIN THE COUNTY RIGHT-OF-
WAY; PERMIT PRROW20170833821. (DISTRICT 1)
Item #16A23
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITIES
AND ACCEPT THE CONVEYANCE OF A PORTION OF THE
WATER UTILITY FACILITIES FOR THE COLLIER COUNTY
AGRICULTURAL CENTER AT COLLIER COUNTY
FAIRGROUNDS, PL20190000345. (DISTRICT 5)
Item #16A24
September 10, 2019
Page 133
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR THE DUNES CLUBHOUSE, PL20190001256.
(DISTRICT 2) – LOCATED OFF BLUEBILL AVENUE AND
VANDERBILT DRIVE
Item #16A25
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ESPLANADE GOLF & COUNTRY CLUB OF NAPLES -
PPL #3, PARCELS K1/K2, PL20170003802 AND TO AUTHORIZE
THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE
THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT. (DISTRICT 3) – A FINAL INSPECTION
TO DISCOVER DEFECTS WAS CONDUCTED BY
DEVELOPMENT REVIEW STAFF JUNE 20, 2019, IN
COORDINATION WITH PUBLIC UTILITIES AND THE
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A26
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR COACH HOMES I AT ESPLANADE, PL20170003803 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 $14,262.39 TO THE PROJECT ENGINEER
OR THE DEVELOPER’S DESIGNATED AGENT. (DISTRICT 3) –
September 10, 2019
Page 134
A FINAL INSPECTION TO DISCOVER DEFECTS WAS
CONDUCTED BY DEVELOPMENT REVIEW STAFF JUNE 20,
2019, IN COORDINATION WITH PUBLIC UTILITIES AND THE
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A27
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
FOR MOORINGS PARK AT GRANDE LAKE PHASE ONE AND
TWO, PL20190000718. (DISTRICT 4) – A FINAL INSPECTION
TO DISCOVER DEFECTS WAS CONDUCTED BY
DEVELOPMENT REVIEW STAFF JUNE 25, 2019, IN
COORDINATION WITH PUBLIC UTILITIES AND THE
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A28
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE SEWER UTILITY FACILITIES FOR O’REILLY AUTO
PARTS, PL20180001837 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 $4,635 TO THE PROJECT
ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT.
(DISTRICT 4) – A FINAL INSPECTION TO DISCOVER
DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW
STAFF JULY 15, 2019, IN COORDINATION WITH PUBLIC
UTILITIES AND THE FACILITIES WERE FOUND TO BE
SATISFACTORY AND ACCEPTABLE
September 10, 2019
Page 135
Item #16A29
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR AMARANDA AT FIDDLER’S CREEK, PL20180000817
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 $27,270 TO THE PROJECT ENGINEER
OR THE DEVELOPER’S DESIGNATED AGENT. (DISTRICT 1) –
A FINAL INSPECTION TO DISCOVER DEFECTS WAS
CONDUCTED BY DEVELOPMENT REVIEW STAFF JULY 24,
2019, IN COORDINATION WITH PUBLIC UTILITIES AND THE
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A30
FINAL ACCEPTANCE AND ACCEPT CONVEYANCE OF THE
POTABLE WATER UTILITY FACILITIES FOR FOXFIRE GOLF
COURSE MAINTENANCE FACILITY M1, PL20190001220.
(DISTRICT 4) – A FINAL INSPECTION TO DISCOVER
DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW
STAFF JULY 3, 2019, IN COORDINATION WITH PUBLIC
UTILITIES AND THE FACILITIES WERE FOUND TO BE
SATISFACTORY AND ACCEPTABLE
Item #16A31
September 10, 2019
Page 136
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR FIDDLER’S CREEK PHASE 4 UNIT 2-2, AND LAGOMAR
PHASE 1, 1A AND 2, PL20140000912 AND PL20140001213
RESPECTIVELY, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL
OBLIGATION BONDS IN THE TOTAL AMOUNT OF
$8,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT. (DISTRICT 1) – A FINAL INSPECTION
TO DISCOVER DEFECTS WAS CONDUCTED BY
DEVELOPMENT REVIEW STAFF JULY 18, 2019, IN
COORDINATION WITH PUBLIC UTILITIES AND THE
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A32
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER AND SEWER
FACILITIES FOR FPL GOLDEN GATE SERVICE CENTER
REDEVELOPMENT PROJECT, PL20180002461. (DISTRICT 3) –
A FINAL INSPECTION TO DISCOVER DEFECTS WAS
CONDUCTED BY DEVELOPMENT REVIEW STAFF JULY 29,
2019, IN COORDINATION WITH PUBLIC UTILITIES AND THE
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A33
September 10, 2019
Page 137
RESOLUTION 2019-149: FINAL ACCEPTANCE OF PUBLIC
ROADWAY AND DRAINAGE IMPROVEMENTS FOR A
PORTION OF THAT ROADWAY KNOWN AS CR 951/COLLIER
BOULEVARD NORTH, FROM WEATHERSTONE DRIVE TO
TORRE VISTA LANE, APPROXIMATELY 1,800 FEET OF TWO-
LANE ROADWAY, PRROW20150619712. (DISTRICT 3)
Item #16A34
RESOLUTION 2019-150: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF SIRACUSA, APPLICATION NUMBER
PL20140001844, AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY. (DISTRICT 1)
Item #16A35
RECORDING THE MINOR FINAL PLAT OF DORADO AT
FIDDLER’S CREEK, APPLICATION NUMBER PL20180002932.
(DISTRICT 1) – LOCATED WITHIN THE MARCO
SHORES/FIDDLER’S CREEK PUD
Item #16A36
RECORDING THE MINOR FINAL PLAT OF DEL WEBB
NAPLES PARCEL 112C REPLAT, APPLICATION NUMBER
PL20190001014. (DISTRICT 5) – LOCATED WITHIN THE AVE
MARIA SRA
Item #16A37
September 10, 2019
Page 138
RECORDING THE AMENDED FINAL PLAT OF MAPLE RIDGE
AT AVE MARIA PHASE 6B, (APPLICATION NUMBER
PL20190000868) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY. (DISTRICT 5) – W/STIPULATIONS
Item #16A38
RECORDING THE FINAL PLAT OF ESPERANZA PLACE –
PHASE 2, (APPLICATION NUMBER PL20190000598)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY. (DISTRICT 5)
– W/STIPULATIONS
Item #16A39
RECORDING THE FINAL PLAT OF DEL WEBB WAY
EXTENSION, (APPLICATION NUMBER PL20180003111)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY. (DISTRICT 5)
– W/STIPULATIONS
Item #16A40
RECORDING THE MINOR FINAL PLAT OF TEAK WOOD
ACRES, APPLICATION NUMBER PL20180001605 (DISTRICT 3)
– LOCATED AT 5190 TEAK WOOD DRIVE
September 10, 2019
Page 139
Item #16A41
AN EASEMENT USE AGREEMENT (AGREEMENT) FOR LOT
32, BLOCK A, NAPLES MOBILE ESTATES, ACCORDING TO
THE PLAT THEREOF AS RECORDED AT PLAT BOOK 10,
PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COUNTY.
(DISTRICT 4) – TO ALLOW FOR A SET OF CONCRETE STEPS
TO ENCROACH APPROXIMATELY 3 FEET INTO A 15-FOOT
WIDE DRAINAGE AND UTILITY EASEMENT
Item #16A42
RESOLUTION 2019-151: SUPPORTING THE COUNTY’S
APPLICATION TO FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR LONG RANGE
BUDGET PLAN REQUESTS FOR BEACH RENOURISHMENT
PROJECTS FOR FISCAL YEAR 2020/2021. THIS ACTION
MAINTAINS THE COUNTY'S ELIGIBILITY FOR STATE COST
SHARE FUNDING FOR FUTURE RENOURISHMENT
PROJECTS. (ALL DISTRICTS)
Item #16A43
RECOGNIZING A PUBLIC TRANSIT GRANT AGREEMENT
BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE COLLIER METROPOLITAN PLANNING
ORGANIZATION THAT INCLUDES FEDERAL PASS-
THROUGH 49 USC § 5305(D) FUNDING AND TO AUTHORIZE
NECESSARY BUDGET AMENDMENTS FOR GRANT
REVENUE IN THE AMOUNT OF $130,387 AND A LOCAL
MATCH IN THE AMOUNT OF $14,487. (ALL DISTRICTS) – A
September 10, 2019
Page 140
LOCAL MATCH REQUIREMENT IS MET BY FUNDING
PROVIDED BY COLLIER COUNTY, CITY OF NAPLES AND
CITY OF MARCO ISLAND WHICH EQUATE TO $9,054, $3,622,
AND $1,811 RESPECTIVELY
Item #16A44
THE BOARD TO HEAR LAND DEVELOPMENT CODE
AMENDMENTS AT TWO REGULARLY SCHEDULED
DAYTIME HEARINGS AND WAIVE THE NIGHTTIME
HEARING REQUIREMENT. (ALL DISTRICTS) – HEARINGS
TO BE HELD ON TUESDAY, OCTOBER 8, AND TUESDAY,
OCTOBER 22, 2019
Item #16B1
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
NAPLES AND BOARD OF COUNTY COMMISSIONERS,
ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY,
TO UPGRADE WATER LINES AND INSTALL/UPGRADE OF
FIRE HYDRANTS ON COCO AVENUE, ARECA AVENUE,
BASIN STREET, CANAL STREET AND CAPTAINS COVE IN
THE BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA. (DISTRICT 1)
Item #16B2
A BUDGET AMENDMENT IN THE AMOUNT OF $86,000 TO
FUND A HURRICANE IRMA RELATED WORK ORDER FOR
REPAIRS TO BAYSHORE DRIVE DECORATIVE LIGHTING.
(DISTRICT 4) – TO REPAIR AND REPLACE EXISTING LIGHT
September 10, 2019
Page 141
FIXTURES ON BAYSHORE DRIVE AND SOUTH BAYSHORE
DRIVE DAMAGED BY HURRICANE IRMA
Item #16C1
AUTHORIZING EXPENDITURES FOR THE SOLE SOURCE
PURCHASE OF CERTAIN LABORATORY PARTS, SUPPLIES
AND SERVICES FROM IDEXX DISTRIBUTION, INC., IN AN
AMOUNT NOT TO EXCEED $150,000 PER YEAR, FOR A
PERIOD OF FIVE (5) YEARS. (ALL DISTRICTS) – AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16C2
THREE (3) AGREEMENTS FOR REQUEST FOR
QUALIFICATION #19-7527, “ELECTRICAL CONTRACTORS
WITH PUBLIC UTILITIES SPECIALIZATION,” TO:
TECHNICAL MANAGEMENT ASSOCIATES, INC., SIMMONDS
ELECTRICAL OF NAPLES, INC., AND HART’S ELECTRICAL,
INC., AND AUTHORIZE THE CHAIRMAN TO EXECUTE
AGREEMENTS WITH THE AWARDED CONTRACTORS. (ALL
DISTRICTS) – TO QUALIFY VENDORS WITH A PUBLIC
UTILITIES SPECIALIZATION TO PERFORM ELECTRICAL
SERVICES IN A FAIR AND COMPETITIVE MANNER AND IN
ACCORDANCE WITH THE PROCUREMENT ORDINANCE
Item #16C3
AN AGREEMENT FOR INVITATION TO BID #19-7590,
"SOUTH COUNTY REGIONAL WATER TREATMENT PLANT
BELT FILTER PRESS REPLACEMENT" (PROJECT NO. 70136),
September 10, 2019
Page 142
TO PWC JOINT VENTURE LLC, IN THE AMOUNT OF $602,825,
AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT.
(ALL DISTRICTS)
Item #16C4
TERMINATING CONTRACT #16-6639, “VARIABLE TDS
REVERSE OSMOSIS CONCEPTUAL DESIGN,” WITH JACOBS,
INC., FORMERLY CH2M HILL ENGINEERS, INC. (PROJECT
#70104). (ALL DISTRICTS) – AS DETAILED IN EXECUTIVE
SUMMARY
Item #16C5
RECOGNIZING AND APPROPRIATING REVENUE TO
FACILITIES MANAGEMENT DIVISION'S GENERAL
MAINTENANCE PROJECT NO. 52525, IN THE AMOUNT OF
$66,028.09 FOR FISCAL YEAR 2019 AND AUTHORIZE ALL
NECESSARY BUDGET AMENDMENTS. (ALL DISTRICTS) –
FOR MAINTENANCE, REPAIR, CAPITAL REPLACEMENT,
AND CONSTRUCTION OF COUNTY OWNED BUILDINGS
AND FACILITIES
Item #16D1
AN “AFTER-THE-FACT” THIRD AMENDMENT,
ATTESTATION STATEMENT AND BUDGET AMENDMENT
FOR THE OLDER AMERICANS ACT PROGRAM (OAA) TITLE
III FROM AREA AGENCY ON AGING FOR SOUTHWEST
FLORIDA, INC. (AGENCY) TO REFLECT THE FINAL FY18
September 10, 2019
Page 143
GRANT FUNDING AMOUNT. (NET FISCAL IMPACT:
$16,022.57). (ALL DISTRICTS)
Item #16D2
“AFTER-THE-FACT” AGREEMENTS AND ATTESTATION
STATEMENTS WITH THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC. (AAASWFL), COMMUNITY
CARE FOR THE ELDERLY (CCE), ALZHEIMER’S DISEASE
INITIATIVE (ADI) AND HOME CARE FOR THE ELDERLY
(HCE) GRANT PROGRAMS FOR SERVICES FOR SENIORS
AND TO AUTHORIZE BUDGET AMENDMENTS TO ENSURE
CONTINUOUS FUNDING FOR FY 2019/2020. (NET FISCAL
IMPACT: $68,959.36) (ALL DISTRICTS)
Item #16D3
TWO (2) “AFTER-THE-FACT” CONTRACT AMENDMENTS
AND ATTESTATION STATEMENTS BETWEEN THE AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., AND
COLLIER COUNTY SERVICES FOR SENIORS TO AMEND
FUNDING TO THE FY19 OLDER AMERICANS ACT (OAA)
PROGRAMS AND TO AUTHORIZE ASSOCIATED BUDGET
AMENDMENTS. (NET FISCAL IMPACT: $103,575.17) (ALL
DISTRICTS)
Item #16D4
RESOLUTION 2019-152: SUBMITTAL OF A RESPONSE TO
THE OLDER AMERICAN ACT GRANT SERVICES REQUEST
FOR PROPOSAL, AFTER THE FACT, TO THE AREA AGENCY
September 10, 2019
Page 144
ON AGING FOR SOUTHWEST FLORIDA, INC., FOR A 6-YEAR
PERIOD. (ALL DISTRICTS)
Item #16D5
APPROVE AN AFTER-THE-FACT GRANT APPLICATION TO
SCHWAB CHARITABLE FUND AND ACCEPT A RESTRICTED
DONATION OF $1,000 TO BENEFIT THE IMMOKALEE
BRANCH LIBRARY AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENT. (DISTRICT 5) – THE INTENT OF THE
LIBRARY IS TO USE THE FUNDS TO ENHANCE THE
QUALITY OF SERVICES AND PROGRAMS TO RESIDENTS
AND VISITORS
Item #16D6
AFTER-THE-FACT APPROVAL OF ELECTRONIC SUBMITTAL
OF THE RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)
REVISED GRANT APPLICATION AND GRANT AMENDMENT
TO THE CORPORATION FOR NATIONAL AND COMMUNITY
SERVICES (CNCS) IN THE AMOUNT OF $7,500 (ATF 19-018
AWD), A DONATION OF $192.50, ACCEPTANCE OF FUNDS
AND BUDGET AMENDMENT TO INCREASE FUNDING. (ALL
DISTRICTS) – THE INCREASE WILL BE USED TO SUPPORT
GRANTEE EFFORTS TO RECRUIT, RETAIN AND PLACE
RSVP VOLUNTEERS
Item #16D7
“AFTER-THE-FACT” FIRST AMENDMENT AND
ATTESTATION STATEMENT WITH THE AREA AGENCY ON
September 10, 2019
Page 145
AGING FOR SOUTHWEST FLORIDA, INC., ALZHEIMER’S
DISEASE INITIATIVE GRANT PROGRAM FOR SERVICES FOR
SENIORS TO AMEND AND REVISE LANGUAGE WITHIN THE
CONTRACT. (ALL DISTRICTS) – THE AMENDMENT WAS
PROVIDED TO COLLIER COUNTY BEFORE THE
AGREEMENT COULD RECEIVE BOARD APPROVAL
Item #16D8
“AFTER-THE-FACT” GRANT AWARD ACCEPTANCE FROM
FLORIDA ANIMAL FRIENDS IN THE AMOUNT OF $24,850 TO
HELP SUPPORT THE MISSION OF DOMESTIC ANIMAL
SERVICES BY OFFERING FREE SPAY OR NEUTER
PROCEDURES FOR LARGE BREED DOGS AND COMMUNITY
CATS. (ALL DISTRICTS) – THE AWARD WILL ENABLE
DOMESTIC ANIMAL SERVICES TO PERFORM AN
ADDITIONAL 375 SPAY/NEUTER SURGERIES
Item #16D9
TWO (2) RELEASES OF LIEN SECURING GRANTS MADE
FROM THE STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) AND COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAMS IN ACCORDANCE WITH RESOLUTION
NO. 18-58 DUE TO THE DEATH OF THE HOMEOWNERS IN
THE AGGREGATE AMOUNT OF $26,684.75. (DISTRICT 5) –
RESOLUTION NO. 18-58 PROVIDES IN THE EVENT OF THE
DEATH OF BORROWERS, ALL DEBT WILL BE FORGIVEN
FOR ALL AFFORDABLE HOUSING PROGRAMS
ADMINISTERED BY COLLIER COUNTY’S COMMUNITY AND
HUMAN SERVICES DIVISION (CHS)
September 10, 2019
Page 146
Item #16D10
ONE (1) RELEASE OF LIEN FOR $8,015.82 FOR A UNIT WITH
A RECORDED IMPACT FEE DEFERRAL AGREEMENT THAT
WAS NOT UTILIZED IN THE DOCKSIDE COMMUNITY. (ALL
DISTRICTS) – FOR PROPERTY AT 1019 DOCKSIDE CT, BLDG.
6, UNIT #606
Item #16D11
TWO (2) RELEASE OF LIENS IN THE AMOUNT OF $34,423.46
FOR FULL PAYMENT OF THE DEFERRAL OF ONE-HUNDRED
PERCENT (100%) OF COUNTYWIDE IMPACT FEES FOR
OWNER OCCUPIED AFFORDABLE HOUSING DWELLING
UNITS. (ALL DISTRICTS) – FOR PROPERTY AT 1359 PATRIOT
COURT, NAPLES, FL 34142 AND 13602 LEGACY LANE, LOT
200, TRAIL RIDGE, NAPLES, FL 34114
Item #16D12
SIX (6) SATISFACTIONS OF MORTGAGE FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE AMOUNT OF $59,800 AND NECESSARY BUDGET
AMENDMENTS. (ALL DISTRICTS) – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16D13
BUDGET AMENDMENTS FOR FY19/20 SHIP PROGRAM
ALLOCATION AND FY18/19 AND FY19/20 INTEREST
September 10, 2019
Page 147
INCOME IN THE AMOUNT OF $47,971.70. (ALL DISTRICTS)
Item #16D14
STATE HOUSING INITIATIVES PARTNERSHIP ANNUAL
REPORTS AND AUTHORIZE THE CHAIRMAN TO SIGN THE
LOCAL HOUSING INCENTIVES CERTIFICATION TO
CLOSEOUT FISCAL YEARS 2015/2016, 2016/2017, AND
INTERIM FISCAL YEARS 2017/2018 AND 2018/2019 TO
ENSURE COMPLIANCE WITH PROGRAM REQUIREMENTS.
(ALL DISTRICTS)
Item #16D15 – Moved to Item #11D (Per Agenda Change Sheet)
Item #16D16
FIVE (5) SATISFACTIONS OF MORTGAGE IN THE
COMBINED AMOUNT OF $100,000 OF OWNER-OCCUPIED
DWELLING UNITS THAT HAVE SATISFIED THE TERMS OF
THEIR AFFORDABILITY PERIOD. (ALL DISTRICTS) – THERE
IS NO FISCAL IMPACT; THESE GRANT FUNDS ARE
FORGIVABLE UPON SATISFACTION OF THE
AFFORDABILITY PERIOD.
Item #16D17
A PEPPER RANCH PRESERVE CATTLE LEASE AGREEMENT
WITH HOOD CITRUS CARETAKING, INC., UNDER THE
CONSERVATION COLLIER PROGRAM, AND DIRECT THE
COUNTY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT
THE LEASE TERMS. (DISTRICT 5) – THE PROPOSED CATTLE
September 10, 2019
Page 148
LEASE ALLOWS FOR THE GRAZING OF UP TO 200 ANIMALS
WITHIN THE PRESERVE
Item #16D18
RESOLUTION 2019-153: THE CHAIRMAN TO SIGN THE
HAZARD MITIGATION GRANT AWARD CONTRACT #H0185
FROM THE FEDERAL EMERGENCY MANAGEMENT
AGENCY IN THE AMOUNT OF $262,500 FOR A BACKUP
ELECTRICAL POWER SYSTEM AT THE DOMESTIC ANIMAL
SERVICES COMPLEX AND ASSOCIATED BUDGET
AMENDMENT, AND A RESOLUTION TO AUTHORIZE THE
COUNTY MANAGER TO SIGN ALL PAY REQUESTS. (NET
FISCAL IMPACT $350,000) (ALL DISTRICTS)
Item #16D19
AMENDMENT NO. 1 TO AGREEMENT NO. CM918 BETWEEN
THE DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA COASTAL MANAGEMENT PROGRAM AND
COLLIER COUNTY, (PARADISE COAST BLUEWAY
PADDLING TRAIL MAPPING PROJECT), TO REVISE THE
PROJECT WORK PLAN TO EXTEND THE DELIVERABLE
DATE TO SEPTEMBER 30, 2019, TO ALLOW A FINAL
REVIEW OF THE MAP TO ASSURE FULL COMPLIANCE
WITH ALL GRANT REQUIREMENTS. (ALL DISTRICTS)
Item #16D20
EXECUTION OF THE 2018/19 FEDERAL HIGHWAY
ADMINISTRATION FLEXIBLE FUNDS GRANT AWARD IN
September 10, 2019
Page 149
THE AMOUNT OF $545,068 FOR THE PURCHASE AND
INSTALLATION OF SIGNAL PRIORITY EQUIPMENT ON
TRANSIT VEHICLES AS WELL AS ELECTRONIC FAREBOXES
FOR PARATRANSIT VEHICLES THROUGH THE FEDERAL
TRANSIT ADMINISTRATION (FTA) TRANSIT AWARD
MANAGEMENT SYSTEM (TRAMS) AND AUTHORIZE
NECESSARY BUDGET AMENDMENT. (ALL DISTRICTS) –
THE GRANT REQUIRES A TWENTY PERCENT (20%) MATCH
Item #16D21
A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF
STATE DIVISION OF HISTORICAL RESOURCE IN THE
AMOUNT OF $455,800, AUTHORIZE THE CHAIRMAN TO
SIGN THE GRANT AGREEMENT AND RESTRICTIVE
COVENANTS AND APPROVE THE ASSOCIATED BUDGET
AMENDMENT, FOR THE HISTORIC ROBERTS HOME AT THE
IMMOKALEE PIONEER MUSEUM AT ROBERTS RANCH.
(NET FISCAL IMPACT $569,840) (ALL DISTRICTS) – WORK
WILL INCLUDE ARCHITECTURAL AND ENGINEERING
FEES; HVAC; FOUNDATION WORK; CHIMNEY REPAINTING,
REPAIR TO ROTTED AND TERMITE-DAMAGED WOOD
SIDING, HURRICANE PROTECTION; REPAINTING; AND ADA
COMPLIANT RAMPING
Item #16E1
AN AGREEMENT FOR SALE AND PURCHASE FOR THE
EMERGENCY MEDICAL SERVICES DIVISION TO ACQUIRE
5.46 ACRES OF VACANT LAND AT THE CORNER OF
GOLDEN GATE BLVD. AND DESOTO BLVD. FOR A TOTAL
September 10, 2019
Page 150
COST NOT TO EXCEED $107,000 AND AN AGREEMENT IN
THE AMOUNT OF $105,000 TO PROVIDE FUNDING FROM
THE GAC LAND TRUST, AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS. (ALL DISTRICTS)
Item #16E2
PROCUREMENT SERVICES DIRECTOR TO PROCURE
GOODS OR SERVICES FROM VENDORS THAT HAVE BEEN
AWARDED A CONTRACT AS A RESULT OF A COMPETITIVE
SELECTION PROCESS BY A FEDERAL, STATE OR
MUNICIPAL GOVERNMENT, OR ANY OTHER
GOVERNMENTAL AGENCY, POLITICAL SUBDIVISION, OR
GOVERNMENT-RELATED ASSOCIATION OR A
PURCHASING COOPERATIVE PROVIDED THAT THE
ORIGINATING ENTITY UTILIZED A COMPETITIVE PROCESS
SIMILAR TO COLLIER COUNTY’S AND AUTHORIZE THE
COUNTY MANAGER OR DESIGNEE TO SIGN AGREEMENTS
ASSOCIATED WITH THOSE PURCHASES. (ALL DISTRICTS)
Item #16E3
CHAIR TO EXECUTE A FEDERALLY FUNDED SUBGRANT
AGREEMENT TO ACCEPT AN ANNUAL EMERGENCY
MANAGEMENT PERFORMANCE GRANT (EMPG) IN THE
AMOUNT OF $108,299 FOR EMERGENCY MANAGEMENT
PLANNING, RESPONSE, AND MITIGATION EFFORTS AND
TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS.
(ALL DISTRICTS)
Item #16E4
September 10, 2019
Page 151
RENEWAL OF THE ANNUAL CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY (COPCN) FOR AMBITRANS
MEDICAL TRANSPORT, INC. TO PROVIDE CLASS 2
ADVANCED LIFE SUPPORT (ALS) INTER-FACILITY
TRANSPORT AMBULANCE SERVICE FOR A PERIOD OF ONE
YEAR. (ALL DISTRICTS)
Item #16E5
RESOLUTION 2019-154: AUTHORIZING THE CHAIR OF THE
BOARD OF COUNTY COMMISSIONERS TO EXECUTE
STANDARD FORM MEMORANDUMS OF UNDERSTANDING
WITH OWNERS OF LARGE CAPACITY SPACES SUCH AS
NOT FOR PROFIT ORGANIZATIONS, COMMUNITY
ASSOCIATIONS AND PLACES OF WORSHIP FOR
DISTRIBUTION OF FOOD, RELIEF SUPPLIES, MEDICINES OR
OTHER ITEMS AND TEMPORARY SHELTERING RELATED
TO NATURAL AND MANMADE EMERGENCIES AND
DISASTERS WITHOUT FURTHER BOARD ACTION. (ALL
DISTRICTS)
Item #16E6
ACCEPTING THE DONATION OF A SURPLUS 8-FT. WELLS
CARGO® ENCLOSED UTILITY TRAILER FROM FLORIDA
DIVISION OF EMERGENCY MANAGEMENT TO THE
COLLIER COUNTY DIVISION OF EMERGENCY
MANAGEMENT FOR TRANSPORTATION AND STORAGE OF
DISASTER SUPPLIES AND EQUIPMENT. (ALL DISTRICTS) –
TO IMPROVE SAFETY, SECURITY, AND PORTABILITY OF
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HURRICANE SHELTER SUPPLIES OWNED BY EMERGENCY
MANAGEMENT DIVISION FOR DEPLOYMENT TO
PALMETTO RIDGE HIGH SCHOOL, THAT SERVES AS A
SPECIAL NEEDS SHELTER
Item #16E7
ACCEPTING THE DONATION OF A 2006 INTERNATIONAL
MODEL CE SCHOOL BUS FROM COLLIER COUNTY PUBLIC
SCHOOLS FOR THE PURPOSE OF CONVERTING THE
HANDICAP LIFT-EQUIPPED BUS TO A BASIC MASS
MEDICAL TRANSPORT UNIT. (ALL DISTRICTS)
Item #16E8
AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS,
DUTIES AND OBLIGATIONS TO RAFTELIS FINANCIAL
CONSULTANTS, INC., D/B/A RAFTELIS UNDER AGREEMENT
#14-6353 “FINANCIAL CONSULTING SERVICES.” (ALL
DISTRICTS)
Item #16E9
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT. (ALL DISTRICTS)
Item #16E10
ADMINISTRATIVE REPORTS PREPARED BY THE
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PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL. (ALL DISTRICTS)
Item #16E11
THE SELECTION COMMITTEE RANKING FOR REQUEST FOR
PROFESSIONAL SERVICES (“RPS”) NO. 18-7432-UP FOR
“PROFESSIONAL SERVICES LIBRARY - UTILITY PLANTS
DESIGN AND ENGINEERING,” AND AUTHORIZE STAFF TO
ENTER INTO CONTRACT NEGOTIATIONS WITH THE TOP
FOURTEEN RANKED FIRMS, WHICH CONTRACTS WILL BE
BROUGHT TO THE BOARD FOR CONSIDERATION AT A
SUBSEQUENT MEETING. (ALL DISTRICTS)
Item #16F1
BOARD RATIFICATION OF SUMMARY, CONSENT AND
EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY
MANAGER DURING THE BOARD'S SCHEDULED RECESS. (IN
ABSENTIA MEETING(S) DATED JULY 23, 2019; AUGUST 13,
2019 AND AUGUST 27, 2019)
JULY 23, 2019
A. RECOMMENDATION TO APPROVE CHANGE
ORDER #1 FOR AGREEMENT #19-7515,
VANDERBILT BEACH IRRIGATION WITH
STAHLMAN-ENGLAND IRRIGATION, INC. TO
INCREASE THE CONTRACT AMOUNT BY
$11,995, FOR ADDITIONAL WORK REQUIRED
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TO EFFECTIVELY IRRIGATE THE AREA.
B. RECOMMENDATION TO APPROVE THE
ADMINISTRATIVE REPORTS PREPARED BY
THE PROCUREMENT SERVICES DIVISION FOR
CHANGE ORDERS AND OTHER
CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL.
C. RECOMMENDATION TO APPROVE THE
ADMINISTRATION REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR
DISPOSAL OF PROPERTY AND NOTIFICATION
OF REVENUE DISPURSEMENT.
D. RECOMMENDATION TO ACCEPT THE REPORT
FOR THE SALE OF ITEMS AND
DISBURSEMENT OF FUNDS ASSOCIATED
WITH THE COUNTY SURPLUS AUCTION HELD
ON JUNE 21 & JUNE 22, 2019.
E. 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 JUNE 27,
2019 AND JULY 10, 2019 PURSUANT TO
FLORIDA STATUTE 136.06.
F. REQUEST THAT THE BOARD APPROVE AND
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DETERMINE VALID PUBLIC PURPOSE FOR
INVOICES PAYABLE AND PURCHASING CARD
TRANSACTIONS AS OF JULY 17, 2019.
G. RECOMMENDATION TO APPROVE THE FIRST
AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT #18-7404, COLLIER COUNTY
SPORTS COMPLEX MARKETING AND
SUPPORT, TO SPORTS FIELDS, INC. IN THE
NOT TO EXCEED AMOUNT OF $950,000, WITH
A LIMITED NOTICE TO PROCEED CAPPING
EXPENDITURES AT $150,000 FOR
PROMOTIONAL ACTIVITIES UNTIL BOARD
RETIFICATION OF THE ENTIRE AMENDMENT.
AUGUST 13, 2019
A. 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 JULY 11,
2019 AND JULY 31, 2019, PURSUANT TO
FLORIDA STATUTE.
B. REQUEST THAT THE BOARD APPROVE AND
DETERMINE VALID PUBLIC PURPOSE FOR
INVOICES PAYABLE AND PURCHASING CARD
TRANSACTIONS AS OF AUGUST 7, 2019.
September 10, 2019
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C. RECOMMENDATION TO APPROVE AND
AUTHORIZE THE CHAIRMAN TO SIGN A
SATISFACTION AND RELEASE OF CLAIM IN
THE MATTER OF IN RE: ESTATE OF LILLIAN C.
WOLF, CASE NUMBER 2019-CP-208.
D. RECOMMENDATION TO APPROVE A 99-YEAR
LONG-TERM GROUND LEASE WITH
MCDOWELL HOUSING PARTNERS, LLC ON
COUNTY-OWNED PROPERTY LOCATED
WITHIN THE BEMBRIDGE PUD AND
AUTHORIZE THE COUNTY MANAGER OR
DESIGNEE TO SIGN ALL DOCUMENTS
NECESSARY TO IMPLEMENT THE GROUND
LEASE.
E. REPORT TO THE BOARD REGARDING THE
INVESTMENT OF COUNTY FUNDS AS OF THE
QUARTER ENDED JUNE 30, 2019.
F. RECOMMENDATION TO AUTHORIZE A
BUDGET AMENDMENT, IN THE AMOUNT OF
$352,000, TO TRANSFER FUNDS FROM
INTERSECTION PROJECT (60016) TO ROAD
RESURFACING PROJECT (60131), WITHIN GAS
TAX FUND (313) FOR THE PURPOSE OF
MILLING AND RESURFACING GULF SHORE
DRIVE.
G. RECOMMENDATION TO APPROVE A $301,405
WORK ORDER TO KYLE CONSTRUCTION, INC.,
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UNDER REQUEST FOR QUOTATION #14-6213-
131 FOR UNDERGROUND UTILITY
CONTRACTING SERVICES, FOR THE
CREEKSIDE BOULEVARD & TAMIAMI TRAIL
24-INCH FORCE MAIN DIRECTIONAL DRILL.
(PROJECT #70139)
H. RECOMMENDATION TO APPROVE THE
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR
DISPOSAL OF PROPERTY AND NOTIFICATION
OF REVENUE DISBURSEMENT.
I. RECOMMENDATION TO APPROVE THE
ADMINISTRATIVE REPORTS PREPARED BY
THE PROCUREMENT SERVICES DIVISION FOR
CHANGE ORDERS AND OTHER
CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL.
AUGUST 27, 2019
A. 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 AUGUST
1, 2019 AND AUGUST 14, 2019 PURSUANT TO
FLORIDA STATUTE 136.06.
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B. REQUEST THAT THE BOARD APPROVE AND
DETERMINE VALID PUBLIC PURPOSE FOR
INVOICES PAYABLE AND PURCHASING CARD
TRANSACTIONS AS OF AUGUST 21, 2019.
C. RECOMMENDATION TO APPROVE THE FY2018
ANNUAL PROGRESS REPORT OF THE COLLIER
COUNTY TRANSIT DEVELOPMENT PLAN AND
AUTHORIZE ITS SUBMISSION TO THE
FLORIDA DEPARTMENT OF
TRANSPORTATION.
D. RECOMMENDATION TO APPROVE A COLLIER
COUNTY AIRPORT AUTHORITY STANDARD
FORM LEASE AND ADDENDUM WITH THE
COLLIER COUNTY OFFICE OF BUSINESS AND
ECONOMIC DEVELOPMENT AT THE
IMMOKALEE REGIONAL AIRPORT.
E. RECOMMENDATION TO APPROVE THE
ADMINISTRATIVE REPORTS PREPARED BY
THE PROCUREMENT SERVICES DIVISION FOR
CHANGE ORDERS AND OTHER
CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL.
Item #16F2
TOURIST DEVELOPMENT TAX PROMOTION FUNDING TO
SUPPORT THE UPCOMING ALLIGATOR ALLEY SOFTBALL
CHALLENGE TOURNAMENT OCTOBER 5-6, 2019 UP TO
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$5,500, THE FLORIDA FIRE COLUMBUS DAY CLASSIC
SOCCER TOURNAMENT OCTOBER 12-13, 2019 UP TO $6,850,
AND THE INTERNATIONAL SERIES SOCCER QUALIFIER
OCTOBER 26-27, 2019 UP TO $25,100 FOR A GRAND TOTAL
OF $37,450 AND MAKE A FINDING THAT THESE
EXPENDITURES PROMOTE TOURISM. (ALL DISTRICTS) –
PROJECTED TO ATTRACT 500 ATHLETES AND PROJECTED
TO GENERATE 250 ROOM NIGHTS IN COLLIER COUNTY
HOTELS; DIRECT SPENDING OF $126,682 AND TDT
REVENUE OF $1,875
Item #16F3
AN AGREEMENT WITH SIMPLEVIEW WORLDWIDE, INC.,
D/B/A SIMPLEVIEW, LLC, (#19-052-NS), TO PROVIDE THE
TOURISM DIVISION WITH A HOTEL, ATTRACTION AND
RESTAURANT RESERVATION SYSTEM AND MAKE A
FINDING THAT THIS EXPENDITURE PROMOTES TOURISM.
(ALL DISTRICTS) – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16F4
BUDGET AMENDMENTS TOTALING $25,000 FOR LAW
LIBRARY FUND (640) DUE TO AN OPERATING EXPENSE
SHORTFALL FOR THE BALANCE OF FY19. (ALL DISTRICTS)
Item #16F5
BUDGET AMENDMENTS APPROPRIATING
APPROXIMATELY $625,819,000 OF UNSPENT FY 2019 GRANT
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AND CAPITAL PROJECT BUDGETS INTO FISCAL YEAR 2020.
(ALL DISTRICTS) – THESE UNSPENT FUNDS DO NOT
AFFECT THE ADOPTED FY 2020 BUDGET WHICH THE
BOARD WILL CONSIDER ON SEPTEMBER 19, 2019
Item #16F6
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY. (ALL
DISTRICTS) – BA #19-780, COURT IT FUND 178, FOR A
WORKSTATION ($4,000)
Item #16F7
RESOLUTION 2019-155: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2018-19
ADOPTED BUDGET. (ALL DISTRICTS)
Item #16F8
A SECOND AMENDMENT TO AGREEMENT WITH GC II, LLC,
TO APPROVE THE PURCHASE OF 0.345 ACRES TO
ACCOMMODATE PARKING ALONG THE WEST SIDE OF THE
PLANNED GREAT LAWN ENTRANCE TO THE COLLIER
COUNTY SPORTS COMPLEX AND EVENT CENTER AT A
COST NOT TO EXCEED $100,400, REDUCE THE 2.5-ACRE
PARCEL TO 2.10 ACRES, AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS. (DISTRICT 5)
September 10, 2019
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Item #16F9
EXTENDING AGREEMENT NO. 15-6444, “FEDERAL
LOBBYIST SERVICES,” WITH BECKER & POLIAKOFF, P.A.,
FOR A PERIOD OF SIX MONTHS TO PREVENT A LAPSE IN
SERVICES, WHILE STAFF CONCLUDES AN OUTSTANDING
NEW SOLICITATION. (ALL DISTRICTS) – EXTENDS THE
CURRENT SEPTEMBER 21, 2019 EXPIRATION TO MARCH 19,
2020, OR UNTIL A NEW CONTRACT IS AWARDED,
WHICHEVER IS SOONER
Item #16H1 – Moved to Item #10B (Per Agenda Change Sheet)
Item #16J1
CHAIRMAN TO SIGN AN AGREEMENT AUTHORIZING THE
COLLIER COUNTY SHERIFF’S OFFICE TO HAVE TRAFFIC
CONTROL JURISDICTION OVER PRIVATE ROADS WITHIN
THE EMERSON PARK SUBDIVISION. (ALL DISTRICTS)
Item #16J2
RESOLUTION 2019-156: CHANGING THE BOUNDARIES OF
CERTAIN VOTING PRECINCTS. (ALL DISTRICTS)
Item #16J3
AN INTERLOCAL AGREEMENT FOR ELECTION SERVICES
FOR THE NOVEMBER 26, 2019, CITY OF EVERGLADES CITY
MUNICIPAL ELECTION. (ALL DISTRICTS)
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Item #16J4
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN AUGUST 15, 2019 AND
AUGUST 28, 2019 PURSUANT TO FLORIDA STATUTE 136.06.
(ALL DISTRICTS)
Item #16J5
DETERMINING A VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
SEPTEMBER 4, 2019. (ALL DISTRICTS)
Item #16K1
RESOLUTION 2019-157: APPOINTING MICHAEL
RUBENSTEIN AND RE-APPOINTING SUZANNE BRADACH,
MICHAEL PRIOLETTI, AND GARY LIND WITH ALL TERMS
EXPIRING ON SEPTEMBER 11, 2023 TO THE HOUSING
FINANCE AUTHORITY. (ALL DISTRICTS)
Item #16K2
RESOLUTION 2019-158: RECLASSIFYING AN ALTERNATE
MEMBER AS A REGULAR MEMBER ON THE CODE
ENFORCEMENT BOARD. (ALL DISTRICTS) – TO
RECLASSIFY CHLOE BOWMAN AS A REGULAR MEMBER
ON THE CODE ENFORCEMENT BOARD
September 10, 2019
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Item #16K3
MEDIATED SETTLEMENT AGREEMENT AND STIPULATED
FINAL JUDGMENT TO SETTLE FINAL COMPENSATION FOR
THE TAKING OF PARCEL 318RDUE, IN THE AMOUNT OF
$108,527.50, INCLUDING STATUTORY ATTORNEY FEES AND
COSTS, AND EXPERT FEES AND COSTS, IN THE LAWSUIT
STYLED COLLIER COUNTY V. CKC PROPERTY HOLDINGS,
ET AL, CASE NO. 16-CA-1242, REQUIRED FOR THE GOLDEN
GATE BOULEVARD EXPANSION PROJECT NO. 60145.
(FISCAL IMPACT: $49,227.50) (ALL DISTRICTS)
Item #16K4
STIPULATED FINAL JUDGMENT TO SETTLE FINAL
COMPENSATION FOR THE TAKING OF PARCEL 299RDUE, IN
THE AMOUNT OF $25,310, INCLUDING STATUTORY
ATTORNEY FEES AND COSTS, AND EXPERT FEES AND
COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V.
QUAN WANG, ET AL, CASE NO. 16-CA-1399, REQUIRED FOR
THE GOLDEN GATE BOULEVARD EXPANSION PROJECT NO.
60145. (FISCAL IMPACT: $17,710) (ALL DISTRICTS)
Item #16K5
AN INTERLOCAL AGREEMENT FOR STATE ATTORNEY
SERVICES BETWEEN COLLIER COUNTY AND THE OFFICE
OF THE STATE ATTORNEY FOR THE TWENTIETH JUDICIAL
CIRCUIT OF FLORIDA. (ALL DISTRICTS) – PURSUANT TO
THE AGREEMENT, THE STATE ATTORNEY AGREES TO
September 10, 2019
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HANDLE THE INTAKE, DISCOVERY, PRE-TRIAL, TRIAL AND
CASE DISPOSITION OF VIOLATIONS OF COUNTY
ORDINANCES PUNISHABLE BY INCARCERATION, NOT
ANCILLARY TO STATE PROSECUTION
Item #16K6
THE SECOND AMENDMENT TO AGREEMENT FOR LEGAL
SERVICES FOR THE RETENTION AGREEMENT WITH
WOODS WEIDENMILLER MICHETTI & RUDNICK, LLP (ALL
DISTRICTS)
Item #17A
RESOLUTION 2018-159: (DISTRICT I) AND RESOLUTION
2018-160: (DISTRICT II): RESOLUTIONS APPROVING
PRELIMINARY ASSESSMENT ROLLS AS THE FINAL
ASSESSMENT ROLLS, AND ADOPTING SAME AS THE NON-
AD VALOREM ASSESSMENT ROLLS FOR PURPOSES OF
UTILIZING THE UNIFORM METHOD OF COLLECTION
PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR
SOLID WASTE MUNICIPAL SERVICE BENEFIT UNITS,
SERVICE DISTRICT NO. I AND SERVICE DISTRICT NO. II,
SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN
RESIDENTIAL PROPERTIES WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY, THE
CITY OF MARCO ISLAND, AND THE CITY OF EVERGLADES
CITY, PURSUANT TO COLLIER COUNTY ORDINANCE 2005-
54, AS AMENDED. REVENUES ARE ANTICIPATED TO BE
$27,387,200. (ALL DISTRICTS)
September 10, 2019
Page 165
Item #17B
ORDINANCE 2019-19: ESTABLISHING THE BLUE SAGE
MUNICIPAL SERVICE TAXING UNIT FOR THE REPAYMENT
OF FUNDS IN THE AMOUNT OF $8,623.93 USED TO MAKE
EMERGENCY REPAIRS. (DISTRICT 5)
Item #17C
RESOLUTION 2019-161: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2018-19
ADOPTED BUDGET. (ALL DISTRICTS)
*****
September 10, 2019
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:36 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL ) RICTS UNDER ITS CONTROL
(A) ► •
WILI ,AM L. McDANI L, JR., CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
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These minutes approved by the Board on °OC.1 OeC apiel ,
as presented r/ or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 166