Agenda 10/22/2019 Item #2B (Minutes)10/22/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 2.B
Item Summary: September 24, 2019 BCC Meeting Minutes
Meeting Date: 10/22/2019
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
10/14/2019 11:06 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
10/14/2019 11:06 AM
Approved By:
Review:
County Manager's Office Leo E. Ochs County Manager Review Completed 10/14/2019 11:28 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/22/2019 9:00 AM
2.B
Packet Pg. 16
September 24, 2019
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, September 24, 2019
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: William L. McDaniel, Jr.
Burt L. Saunders
Donna Fiala
Andy Solis
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
September 24, 2019
Page 2
MR. OCHS: Ladies and gentlemen, if you'd please come to
order; take your seats. Thank you very much.
Mr. Chairman, you have a live mic.
CHAIRMAN McDANIEL: Well, good morning, everybody.
MR. OCHS: Good morning.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
CHAIRMAN McDANIEL: We're going to start off with our
invocation and the Pledge. And Pastor Herminio Pagan of the East
Naples Baptist Spanish Church will lead us in prayer. Did I butcher
her name?
COMMISSIONER TAYLOR: No, no. He was standing, so I
decided to stand.
MR. OCHS: Mr. Chairman, I don't see the pastor this morning,
so if you don't mind, I'll just lead us in prayer this morning.
CHAIRMAN McDANIEL: You do it, okay. I'll do it if you
want me to.
MR. OCHS: Bow your heads, please.
Our heavenly father, we ask your blessings on these proceedings
and all who are gathered here. We ask this, a special blessing on this
Board of County Commissioners, guide them in their deliberations,
grant them wisdom and vision to meet the trials of this day and the
days to come. Bless us now as we undertake the business of Collier
County and its citizens; that our actions will serve the greater good of
all citizens and be acceptable in your sight.
These things we pray in your name. Amen.
CHAIRMAN McDANIEL: Commissioner Solis, would you
lead us today?
September 24, 2019
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COMMISSIONER SOLIS: I'd be honored to.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: Okay.
Item #2A
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
Item #2B
SEPTEMBER 5, 2019 – BUDGET HEARING MEETING
MINUTES APPROVED AS PRESENTED
MR. OCHS: Commissioners, good morning. These are the
proposed agenda changes for the Board of County Commissioners'
meeting of September 24th, 2019.
The first proposed change is to withdraw Item 16C8 from your
agenda this morning. That withdrawal is at the staff's request. That
item will be rescheduled for your second meeting in October.
The next proposed change is to move Item 16H1 from the
consent agenda to Item 10C under Board of County Commissioners.
This is a presentation of the Hearing Examiner's annual activities
report. That move is made at Commissioner Solis' request.
We also have received a --
CHAIRMAN McDANIEL: One second, County Manager.
COMMISSIONER SAUNDERS: I think you were probably
getting ready to say this, for the time-certain.
MR. OCHS: I also received a request to hear that item at 1 p.m.
September 24, 2019
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this afternoon if that's acceptable to the Board.
CHAIRMAN McDANIEL: Which one is that?
MR. OCHS: That's Item 16H1 will become 10C, the Hearing
Examiner Activity Report, 1 p.m.
You okay with that, Commissioner?
COMMISSIONER SOLIS: Sure.
CHAIRMAN McDANIEL: You're the one that asked to have it
brought up, so...
MR. OCHS: The next proposed change is move Item 16C2 to
become Item 11E under the County Managers' report. This is the
adoption of the annual rate resolution that establishes our charges for
our annual solid waste collection services. That item is being moved
at Commissioner Taylor's request.
The next proposed change is to move Item 16K3 from the
County Attorney consent agenda to become Item 12B. It's a request
by the Collier County Industrial Development Authority for approval
of a resolution to issue revenue bonds on behalf of the Community
School of Naples. That item is moved at Commissioner Solis'
request.
COMMISSIONER TAYLOR: I also have -- make a respectful
request that perhaps we could hear this after the Hearing Examiner,
which means if the Hearing Examiner is at 1:00, we could hear it
when that's finished?
MR. OCHS: That's fine.
COMMISSIONER SOLIS: That's fine. I mean, my only reason
for pulling it was just to have a better understanding of what we're
approving.
CHAIRMAN McDANIEL: Sure.
MR. OCHS: Mr. Chairman, if you don't mind, I'll just set that to
be heard immediately following 10C.
CHAIRMAN McDANIEL: Right. And we'll set the Hearing
September 24, 2019
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Examiner to be not before 1:00, and then we'll go right on to this one.
That's fine.
COMMISSIONER TAYLOR: Great. Thank you. One o'clock
or not before.
CHAIRMAN McDANIEL: Not before one o'clock. And then
we'll do the Hearing Examiner, and then do this one next.
COMMISSIONER TAYLOR: Thank you.
MR. OCHS: Thank you, sir.
Then in terms of your time-certain items this morning,
Item 10A, which is an interview with a potential applicant for your
Collier County Planning Commission, is scheduled to be heard at
9:50 this morning. And then Items 9A and 9B, which are the public
hearings related to the Allura Growth Management Plan amendment
and rezone, are scheduled to be heard no sooner than 10 a.m.
And then, again, to reiterate the afternoon time-certains: We'll
hear Item 10C no sooner than 1:00 p.m., and Item 12B will
immediately follow Item 10C. And those are, mercifully, all the
changes I have.
CHAIRMAN McDANIEL: Mercifully. No less, until we get
through us, and then we'll find out how much mercy you --
MR. OCHS: I said my changes.
CHAIRMAN McDANIEL: Okay. With that, let's go with ex
parte and agenda adjustments.
Commissioner Solis?
COMMISSIONER SOLIS: On the consent agenda, no -- no
comments, no disclosures on the consent.
CHAIRMAN McDANIEL: And the balance of the agenda other
than your proposed changes okay?
COMMISSIONER SOLIS: Yes.
CHAIRMAN McDANIEL: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Thank you very much.
September 24, 2019
Page 6
I have no additions, no corrections on the regular agenda, and as
far as ex parte on the consent and summary agenda, I have no
disclosures.
COMMISSIONER SOLIS: Oh.
CHAIRMAN McDANIEL: Oh?
COMMISSIONER SOLIS: I'm sorry. I'm sorry. Let me correct
that.
CHAIRMAN McDANIEL: You don't have to be sorry. You're
allowed one mistake per meeting.
COMMISSIONER SOLIS: I might have to put my glasses on
today. I'm sorry. No, on 17A, the summary agenda, I did have a
meeting with Mr. Mulhere and Mr. Yovanovich in 2018, and there
were several emails from adjoining property owners in Lakeside.
Sorry. I interrupted you.
CHAIRMAN McDANIEL: There's no sorries. 2018 was a long
time ago.
COMMISSIONER SOLIS: I know.
COMMISSIONER FIALA: See, he's thorough.
CHAIRMAN McDANIEL: Yes, he is. My scare is if I'm
expected to remember those things myself from that far back.
So having said that, Commissioner Saunders.
COMMISSIONER SAUNDERS: I have no changes and no ex
parte.
COMMISSIONER TAYLOR: No changes, no ex parte.
CHAIRMAN McDANIEL: And same with myself.
So with that I will call for approval of the mercifully adjusted
agenda along with minutes from our September 5th meeting.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the agenda as approved and the minutes from our
September 24, 2019
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September 5th meeting. 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.
Now our favorite part.
September 24, 2019
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Item #3A1
EMPLOYEE RECOGNITION – 20 YEAR ATTENDEES -
PRESENTED
MR. OCHS: Yes, sir.
If the Board would be kind enough to join us in front of the dais
for our service awards.
Commissioners, we're pleased this morning to recognize several
of our team members for their continued dedicated service to county
government.
We begin this morning by recognizing a 20-year service award
recipient from Road Maintenance, Mike Stone. Mike?
(Applause.)
COMMISSIONER TAYLOR: There's always someone late for
the party. Congratulations.
COMMISSIONER FIALA: Do I look like I'm a little shorter
than everybody?
CHAIRMAN McDANIEL: I'm thinking I'd box him out,
because I own the paint. So I'd be boxing him out. Do you want to
stick her in between us?
COMMISSIONER FIALA: No.
(Applause.)
MR. OCHS: Congratulations, Mike.
Item #3A2
EMPLOYEE RECOGNITIONS: 25 YEAR ATTENDEES –
PRESENTED
Commissioners, we have two of our colleagues celebrating 25 years
September 24, 2019
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of service to county government.
Our first 25-year recipient, from your Code Enforcement
Division, Mike Ossorio. Mike?
(Applause.)
COMMISSIONER TAYLOR: Speaks a lot since he's head of
Code Enforcement.
CHAIRMAN McDANIEL: Look at there. I'm not kissing you.
Oh, that's nice.
COMMISSIONER SOLIS: I'm not kissing you either.
COMMISSIONER FIALA: Thanks for being there last night,
too. He worked till pretty late last night, and he's here this morning.
CHAIRMAN McDANIEL: That's how he gets the money.
MR. OSSORIO: No, sir.
MR. OCHS: Congratulations, Mike.
(Applause.)
MR. OCHS: Also celebrating 25 years of service this morning,
from our Emergency Medical Services Division, John Plummer.
John?
(Applause.)
MR. OCHS: Congratulations.
MR. CASALANGUIDA: Congratulations.
COMMISSIONER FIALA: Thank you for your service.
(Applause.)
Item #3A3
EMPLOYEE RECOGNITION: 30 YEAR ATTENDEE –
PRESENTED
MR. OCHS: And, finally, this morning, we have the honor of
recognizing one of our colleagues celebrating 30 years of service to
September 24, 2019
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our county government, from our Solid and Hazardous Waste
Division.
(Cell phone rang.)
CHAIRMAN McDANIEL: Wait. That's two mistakes in the
same meeting. We're going to dock his pay.
COMMISSIONER SOLIS: My apologies.
CHAIRMAN McDANIEL: That's two.
MR. OCHS: Celebrating 30 years, James Maulden. James?
(Applause.)
MR. OCHS: I don't see him. We'll gather up that award for
him. Thank you, Commissioners. That concludes our service
awards.
Item #3D1
EMPLOYEE OF THE MONTH – JULY
Mr. Chairman, that moves us to Item 3D this morning. 3D1 is a
presentation of the July 2019 Employee of the Month award to Jolen
Mayberry from your Public Services Department. Jolen?
(Applause.)
MS. MAYBERRY: Thank you.
CHAIRMAN McDANIEL: Most important. And then the
plaque.
COMMISSIONER FIALA: And congratulations.
CHAIRMAN McDANIEL: Thank you.
MR. OCHS: Jolen, stay right there for a minute while I tell the
audience a little bit about you.
Jolen has worked in our Parks and Recreation Department as a
park ranger since 2003 covering primarily the Immokal ee area. She
patrols the park areas for compliance with county ordinances and
September 24, 2019
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rules and policies, helps maintain the parks, keeps areas clean and
litter free. She also works to protect and maintain wildlife together
with all the natural resources within our park system.
Twice within one week recently Jolen went above and beyond to
assist members of her community. In the first instance, while on
patrol, Jolen came upon a woman and her four children who appeared
to be living in their truck parked at one of the parks. She talked with
the woman and convinced her to follow Jolen to the Friendship
House to get some assistance, but first Jolen took her to a gas station
and filled the lady's truck with a tank full of gas.
Two days later, Jolen met an older gentleman and his grandkids
at the park. The kids said they were hungry, but the man said he did
not have money to buy them food. Jolen left them, drove to
McDonald's, and bought them all lunch.
These are just two acts of kindness that have been documented,
and we're sure there's countless more of Jolen's selflessness, empathy,
and desire to help the citizens in her community.
Commissioners, it's a great honor to present Jolen Mayberry,
your park ranger, Employee of the Month for July 2019.
(Applause.)
MS. MAYBERRY: Thank you.
Item #3D2
EMPLOYEE OF THE MONTH – AUGUST
MR. OCHS: Item 3D2 is a presentation of the August 2019
Employee of the Month presented to Randy Lowe, Instrumentation
and Electrical Technician with our Public Utilities Department.
Randy, if you'd step forward, please.
(Applause.)
September 24, 2019
Page 12
CHAIRMAN McDANIEL: It's smudged. I don't want to be
handing you a plaque that's not clean. There's that. There's that.
Stay put, Randy. Somebody's taking a picture. You can step up,
ma'am. Is that Missus? Oh, it's a girlfriend.
Which one, Randy?
MR. OCHS: Randy, let me tell the audience a little bit about
what distinguishes your service here.
Commissioners, Randy's been with our Wastewater Power
Systems division since 2017. His knowledge and superior
understanding of industry standards have introduced improvements
across the Public Utilities Wastewater Division. He's taken on the
role of a mentor to junior technicians, providing training and
guidance both personally and professionally.
One example of Randy's ability was during the acquisition
recently of the Golden Gate Utilities when he took on the role of
team leader. After the decision to convert 30 lift stations to the
county standards, Randy developed methods to quickly overhaul and
convert each site. He personally converted 15 of the 30 stations
while still making himself available to assist and give technical
guidance throughout the entire process. Randy's efforts were
responsible for a savings of several thousand dollars for each station.
Randy's earned the respect of both his team members and
management. His efforts, pleasant attitude, and can -do spirit have
saved the county tens of thousands of dollars since joining the power
system's team. He's a great example of an employee who exceeds
expectations every day.
Commissioners, it's my honor to present Randy Lowe, your
August 2019, Employee of the Month.
Congratulations, Randy.
(Applause.)
MR. OCHS: Well, done.
September 24, 2019
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CHAIRMAN McDANIEL: And last, but not least.
Item #4
PROCLAMATION DESIGNATING SEPTEMBER 15 - OCTOBER
15, 2019 AS HISPANIC HERITAGE MONTH IN COLLIER
COUNTY. ACCEPTED BY CARLOS RODRIQUEZ, COUNCIL
OF HISPANIC BUSINESS PROFESSIONALS, CARMEN
SALOME AND RAPHAEL LOPEZ, HISPANIC VOTES, AND
MARILYN SAINZ, COLLIER CHAPTER OF THE NATIONAL
ASSOCIATION OF HISPANIC REAL ESTATE
PROFESSIONALS – ADOPTED
MR. OCHS: Commissioners, we move to our proclamation this
morning. It's Item 4A. It's a proclamation designating
September 15th through October 15th, 2019, as Hispanic Heritage
Month in Collier County. To be accepted this morning by Carlos
Rodriguez, Council of Hispanic Business Professionals; Carmen
Salome and Raphael Lopez, Hispanic Votes; and Marilyn Sainz,
Collier Chapter of the National Association of Hispanic Real Estate
Professionals.
If you'd please step forward and receive your proclamation.
CHAIRMAN McDANIEL: And I'd like to -- if you would
please, I'd like to have Commissioner Solis read the proclamation, if
you don't mind.
MR. OCHS: Sure if you'd please step forward and come on up.
CHAIRMAN McDANIEL: Yes. Come on up, folks.
COMMISSIONER SOLIS: And the proclamation says:
Whereas, for more than 150 years, our nation has observed National
Hispanic Heritage Month celebrating how the spirit, energy, and
leadership of those who trace their family background to Spain and
September 24, 2019
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Latin American countries have been woven into the strength and
posterity of America since even before its founding;
Hispanic Americans continue to embody the pioneering spirit of
America starting U.S. businesses at a pace 15 times the national
average over the last decade; and,
Whereas, Florida benefits from the vibrant traditions, ancestry,
and unique experiences of Hispanic and Latino Americans as
generations have served the Sunshine State as entrepreneurs, public
servants, scholars, and artists; and,
Whereas, we are especially grateful for the 1.2 million Hispanic
American men and women who have served the call to serve in our
Armed Forces, demonstrating loyalty, bravery, and dedication to duty
as they defend liberty and advance democracy around the world; and,
Whereas, accomplishments made by Hispanic Americans serve
as an inspiration to all who seek freedom, opportunity, and a new
beginning for themselves and their children; and,
Whereas, together we recognize the Hispanic and Latino citizens
of Collier County whose love of family, strong work ethic, and
willingness to share their heritage and traditions have made our
county a better place to live.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that September 15th
through October 15th be designated as Hispanic Heritage Month in
Collier County.
(Applause.)
CHAIRMAN McDANIEL: Those proclamation are all part of
our board package, and we all read them, but oftentimes folks don't.
So that's why I asked Commissioner Solis to read that proclamation.
So here in the middle, please.
MS. SALOME: We have some friends we'd like to bring up.
September 24, 2019
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CHAIRMAN McDANIEL: Come on up, friends. If we'd hav e
known you had that many friends, we'd have brought them all up at
the beginning.
MR. LOPEZ: Half of them couldn't make it.
CHAIRMAN McDANIEL: Outstanding.
(Applause.)
CHAIRMAN McDANIEL: That's yours; that's the signed
original.
Item #5A
PRESENTATION ON THE VETERANS COUNT CONDUCTED
IN JULY BY THE WOUNDED WARRIORS OF COLLIER
COUNTY - PRESENTED; COMMITMENT FROM CHAIRMAN
AND BOARD REGARDING CHANGE IN THE NUMBER OF
HOMELESS VETERANS IN COLLIER COUNTY
MR. OCHS: Commissioners, we move to Item 5A this
morning. This is a presentation on the Veterans Count conducted in
July by The Wounded Warriors of Collier County. Mr. Dale Mullin
will present this morning to the board.
Good morning, sir.
MR. MULLIN: Good morning. I want to first thank all of you
for giving us the opportunity to update you on our results of our
homeless veteran count. Before I start, I'd like to introduce myself.
My name is Dale Mullin. I'm a Vietnam Veteran. I'm the
president and founder of the Wounded Warriors of Collier County,
and also I represent the veteran community on the ad hoc community
in Collier County for mental health and addiction and look forward to
seeing you and talking to you more about what we've been doing on
the veteran's side at the October 28th workshop with the
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commissioners.
After I speak, I'm going to have a couple of other people speak
behind me for just briefly, a couple minutes.
See if we can get this thing working.
I was privileged to initiate and lead a grass-roots movement
back in July over a two-day period of time where we, as a mantra,
said "Veterans Count 2019, no one left behind." And if you look at
all the shirts in this room -- and I would ask -- while we not in getting
any recognition award, I would certainly like everybody that
participated in that count for two days in the hot sun to stand up.
Many of them have their shirts on. Some don't.
(Applause.)
MR. MULLIN: If you notice, our commissioner, Mr. Solis, also
participated in that count, and we thank you very much for helpi ng to
bring this to the public's attention.
We had 65 volunteers show up. And if you look at the list also
of all the organizations, there are 17 of them, if you can read that, that
participated in the count. And this is truly, I think, an example of
what our President Ronald Reagan said: There's no limit to the
amount of good you can do if you don't care about who gets the
credit.
So I think by -- this really exemplifies a lot of folks coming
together in this community for a common reason that really cared
about our veterans. And 70 percent of the people that participated
were veterans.
We've located 48 in this county that were self-reported, identify
themselves as a veteran, which was about the number that we
expected going into the count, but after we got into the count, the
estimate by those that are more involved in the community,
particularly law enforcement, tell us the number's probably closer to
60 to 70 homeless veterans live in our county.
September 24, 2019
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And I know those of you that sit in this room today, and for
many of us, that is a real revelation that we have that many homeless
veterans in Collier County.
Back -- to give you a little bit background about why we did this
count, back in -- over a year ago we met with David Lawrence
Center, Mr. Scott Burgess, and then a subsequent meeting with Judge
Martin to talk about what we were doing for our veterans on the
mental-health side here in Collier County.
The number-one issue that they shared with us that's really the
number-one issue that they're faced with in helping to restore
veterans' lives that are caught up in the system and treatment is there
are no beds for them. Now, I can tell you, being a veteran, that was
very painful for me to hear.
And Judge Martin said to me in these very words -- she runs
mental health -- three mental-health courts here in Collier County,
one of them being the Veterans Treatment Court. She said to me that
a lot of people talk about the need for homeless -- housing for
homeless veterans, but nobody's doing anything about it.
So I went home, and after about a couple days, I called her back
and I said, we will take that charge. We will find beds for homeless
veterans in this county.
I met with the VA -- to give you a little bit more background, I
met with the VA, and the VA said, well, the issue is that we -- and
Collier County is recognized as a county that has eliminated
homeless veterans in Collier County. You have none.
I said, you've got to be kidding me. I said, I know of three
veterans right now -- we haven't even done a count -- that we're
providing housing to here in Collier County. So what -- I don't
understand where you're getting these numbers.
They said, well, you did a point-in-time count. And those of
you that don't know a point-in-time count don't feel embarrassed
September 24, 2019
Page 18
because I didn't either. And a point -in-time count's done all across
the nation one time a year over a 24-hour period. It's done in
January. And that count was done in January this past year in 2019.
They located 11 homeless veterans, of which eight of -- or 11, of
which three of them were in a shelter.
Because of that number and follow-up with -- the VA followed
up, they said, well, you don't have a problem. And, therefore,
because you don't have a problem, you can't get grants and funding
by the state and federal government HUD programs, vast (sic)
programs because you don't have a homeless problem.
So I immediately said, well, we've got to go out and count these
veterans to prove to VA that we have homeless veterans in our
county.
So we went out and did a count. The count is not official in the
sense of the HUD point-in-time count because they will only
recognize it one time a year. And so we did the count, convinced
everybody -- all these people in this room that you just -- that stood
up that there are homeless veterans in this county, and that we're
going to find a way to provide housing for them.
Now, for us to get funding later on through the VA and state and
federal government, we're going to be involved -- this same group
with more will be involved in the point-in-time count that will take
place in January, that we will get officially documented through the
Hunger and Homeless Coalition of how many veterans we have here
in Collier County.
Now, in the meantime, these 48 veterans that we're talking about
haven't been ignored. They're still on the radar. Three of them right
now are in beds that Wounded Warriors of Collier County provides
through Next Step, which is a recovery program here in this county.
Three of them are in those beds.
And I wanted to show you a statement of one of those
September 24, 2019
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individuals that's in one of those beds right now. And I asked him to
write me a note and tell me what this house and this home means to
him. He was located in David -- not in David Lawrence but in St.
Matt's House during the count. And just take a few seconds, and
everyone in this room should read this, because I couldn't write it
better. I did not change a word. The only thing I did was put quotes
on it. And that individual is living in one of our homeless houses in
Collier County. So just take a point in time and read that.
One of the things that I would like to draw your attention to is he
said I returned to the civilian world utterly clueless about how to
become a civilian. Now, people think that every homeless veteran is
a guy who just doesn't want to work and he's useless and he's just out
there hanging out. I can tell you that these veterans we're talking
about would not qualify to be on the Honor Flight because they're
way too young. And many people in Collier County thinks this
county is made up of nothing but senior World War II or Korean
veterans. I'm a Vietnam veteran, but I can tell you many of these
people sitting right here right now are current -day veterans that live
in our county.
And there are needs in this county because of PTSD and
traumatic brain injury that's combat related that when these veterans
come back and are trying to transition back into civilian life, they
spiral downward. And because of that spiral downward, they end up
getting into -- having issues with drugs, alcohol, get caught up in the
court system, and we're going to provide a place for them to find a
bed and house them here in this county.
Now, as I said, I couldn't have written this sta tement any better.
Most people don't know this, but in Collier County we have 28,000
veterans that live in Collier County, 13 -- which is 13 percent of the
population. Forty percent of the veterans returning home from
today's wars -- and this is a conservative estimate -- suffer from
September 24, 2019
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PTSD and traumatic brain injuries. I won't go into the explanation of
why that is happening more than it did in previous wars, but it is
phenomenon that happens today.
Twenty veterans a day die, commit suicide in our country.
That's twice the rate of the civilian population. In Florida alone, 600
veterans a month or, excuse me, a year, are -- or month, excuse me.
Six hundred veterans a month in Florida are committing suicide.
Now, those are alarming numbers. Congressman Rooney just
recently co-sponsored some legislation that allow charities, 401(k)s,
local charities, as well as organizations to start providing
mental-health care for veterans in this community, because it takes a
community.
VA can't do it. VA does not have the resources and the funding
to do it unless we come together as communities to recognize there's
a problem that these people and veterans that fight for our freedom,
okay -- just think about that. They fight for our freedom.
One percent of the population today goes and serves in the military;
only 1 percent. That's why the other 99 percent of us really don't
think much about them unless they're a family member or connected.
So our purpose here today is to make everybody in this county
aware that there are homeless veterans suffering from mental-health
issues. They need treatment. They need wrap-around services.
And I would say in closing that those that defend our freedom
deserve a place to sleep and a bed in this county.
(Applause.)
MS. HAYES: Good morning. My name is Kim Hayes, and I'm
the in-coming president of the Southwest Florida chapter of
American Gold Star Mothers. I serve our state of Florida on behalf
of that organization as chaplain.
This is my daughter-in-law, Kiely. And the most shocking thing
for us was that homeless veterans were not difficult to find in Naples.
September 24, 2019
Page 21
Even worse is that I know there are more out there.
In 2008, my son, Taylor, enlisted in the army in support of
Operation Enduring Freedom. At the age of 19, he served a full
combat tour in Afghanistan with the 82nd Airborne Division and
returned to Fort Bragg.
Taylor began to experience symptoms of PTSD as well as
memory loss from traumatic brain injury. He was honorably
discharged, but in a story too long t o tell, he became homeless right
here in Naples.
Taylor wanted a simple life, to work hard, to have dignity and
self-respect. He didn't want any handouts. He loved his wife Kiely
and their two little girls with his whole soul, but on August 1st, 2016,
my son, Specialist Steven Taylor Hayes, died of an accidental
overdose just miles from our home off of Logan. He was 25.
This count was emotional for us because my son's widow was
on my team. We envisioned the places Taylor might have gone and
often found homeless veterans there in those places.
We have a very strong faith, but our lives have changed forever.
Taylor's daughters are now six and nine, and there's just no words
when they run through Sarasota National Cemetery to take flowers
and notes to their dad.
We don't want any other family to experience this nightmare.
Helping these veterans with transitional housing and supportive
services is not only life-changing, it's lifesaving.
After just a two-day count by our group of amateurs, it's clear
that Collier County has a problem with veteran homelessness. What
will define us, what will define our county, is what we do about it.
CHAIRMAN McDANIEL: Amen.
(Applause.)
MR. ELLIOT: Good morning. My name's Carter Elliot. I'm
going to apologize because I'm going to get choked up. This is
September 24, 2019
Page 22
something I'm extremely passionate about.
I'm a Marine veteran with over a thousand days in combat
between Iraq and Afghanistan. I'm truly grateful for the opportunity
to get up here and speak today mostly beca use, following Kim,
really -- that could be -- my mom could be up here in my place, right,
saying, my son was suffering from invisible wounds of war and
ended up dead because he lost hope.
I'm thankful that I was able to find the help that I needed and
had an incredible support system that most veterans don't have.
As a member of the Collier County Veterans Count Committee, I sat
in the meetings with Dale and many other folks and listened to people
discuss these homeless camps that had veterans in them within
Collier County. And I've lived here for the past five years and, to be
honest, I was like, yeah, right, it can't be quite like that.
So the first day of the camp -- of the count I went out to a bunch
of camps. And I'm going to tell you, it was life-changing. It was
life-changing for several reasons, but mostly because I got inspired. I
got inspired watching Kim and Kiely go out to places that they
searched for Taylor. I could only imagine how challenging that was,
and they did it with a smile. They did it with lots of effort. They
were there at 5:00 in the morning, didn't complain one time, because
they wanted to make a difference.
That night I went home and I found myself thankful for all the
wonderful support I had and how far I had really come. The truth is,
is that had I given up, I would have been homeless. I would have
been without shelter. I would have been without support, and I
would have been without hope.
Driving through this county will never be the same for me.
Every wooded area I see, I can't help but think, there's a veteran
living in those woods and that's home, a veteran much like me.
There's 45 of them. And each one of these flags represents those 45
September 24, 2019
Page 23
veterans that we found living in the woods that have no shelter, no
support, and no hope.
(Applause.)
CHAIRMAN McDANIEL: Commissioner Solis, you were part
of that. I would -- if you would, please.
COMMISSIONER SOLIS: I was. And thank you all for being
here, and doing -- for doing what you did. I did participate in the
count, and it was an eye-opening event for me as well.
You know, to find veterans living in preserve areas was -- it was
shocking. I, like the last speaker, would not have thought that that
was something that would happen in Collier County.
And it was an eye-opener for me. I'm thankful that Dale is
serving on the ad hoc committee, the mental-health committee,
because he has brought, I think, some awareness to the unique issues
that veterans deal with that civilians don't. And I think how we're
approaching the strategic plan for the county is going to reflect that.
One of the things that's been added specifically was a provision
about our veterans because they have to deal with things that don't
arise in civilian life. I think that's -- thank you for that.
Just as an example of how difficult these issues are, when I
began this kind of initiative on mental health, one of the things we
did is we gave away an award to Carlos Ruiz. I don't know if
anybody remembers that.
CHAIRMAN McDANIEL: I remember it.
COMMISSIONER SOLIS: The Against All Odds award. He
recently took his life.
So this is an issue that doesn't go away. No matter how long I
think our veterans work with them, some of these are permanent
injuries that, you know, they need help overcoming.
So thank you for what you're doing and for bringing attention to
this very serious issue that we have.
September 24, 2019
Page 24
(Applause.)
MR. MULLIN: Thank you.
CHAIRMAN McDANIEL: Commissioner Solis, I want to
thank you as well for participating in the count and for helping with
our mental-wellness plan. I mean, that's imperative for the
community at large. In all of our travels and what we're doing, at the
end of the day it boils down to revenue sources in order to assist and
offer assistance to those that are suffering. And without that -- I'll get
you. Without that -- I have you lit up. Without that -- without that
mental-wellness plan, we're handcuffed.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I just wanted to mention one
thing. This board and the public are very much supportive of
developing a veterans nursing home here in Collier County. We
have -- and this board has been totally supportive of that. We have
$30 million in our sales tax ballot initiative that was approved by the
voters for a veterans nursing home. This Commission authorized the
acquisition of property for -- one of the purposes of that property may
very well be for the placement of a veterans nursing home.
So we have money, we have land, and we now need to get the
governor of Florida to get behind this. So the Commission will be
sending someone to Tallahassee; it will probably be me. But one of
us will go to Tallahassee to meet with the governor and the
Department of Veterans Affairs. And I'd like for someone from your
organization to attend a meeting like that to let the governor know
that not only do we have 20 -- I think you said 28,000 veterans in
Collier County, which puts us really at the top of the list in terms of
communities that qualify for a veterans nursing home, but the fact
that we have somewhere between 60 and 70 homeless veterans, I
think, would go a long way.
So I'll be reaching out to you. If you could leave your name and
September 24, 2019
Page 25
phone number with the Manager, then I'll be reaching out to you for
that purpose. But I think if we can build a facility like that, that may
help to some extent. It certainly will help a lot of veterans, maybe
help some of the homeless ones as well.
So I just want you to know and the veterans to know that this
commission is fully supportive of your effort.
MR. MULLIN: That's great. Thank you.
CHAIRMAN McDANIEL: Absolutely.
(Applause.)
MR. OCHS: Mr. Chairman, we move on to Item 6A.
CHAIRMAN McDANIEL: Can we not go on for a second? I
just -- I just -- I would -- if I can have support of my colleagues --
and, remember, this isn't a dictatorship, which I get reminded of on a
regular basis, but I would like to see a substantive change in that
count of available beds before the end of the year. I don't see a -- I
know we just adopted our budget, and it starts on October 1st and
everything's carved in stone, but Mr. Isackson is not here right now,
but I would like to -- if I could receive support of my colleagues, I
would like to make a commitment to shift that wave.
It saddens me that the known need is there and 45 homeless
veterans are found, and we don't have a place to put them. So I --
without specificity, without a commitment, I just would like to make
a promise that we're going to make a shift in that wave. If I could
have support --
(Applause.)
CHAIRMAN McDANIEL: I have five head nods up here, and
it's as much as we can do without a publicly advertised vote along
those lines, but it's an absolute travesty that we're actually having this
discussion, as wealthy as this community is.
For us to sit around and argue about the money that we, in fact,
have and don't have and where we spend it and have that
September 24, 2019
Page 26
conversation, I don't want to do it again. Got it?
(Applause.)
CHAIRMAN McDANIEL: Now you can go on.
MR. OCHS: Thank you.
Mr. Chairman, I failed to ask for a motion to approve today's
proclamation. If I could get that, please.
COMMISSIONER FIALA: So moved.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
the proclamation today be accepted. 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, sir.
Item #6A
PUBLIC PETITION FROM MS. PATRICIA HOLLEY,
REQUESTING THAT THE BOARD OF COUNTY
COMMISSIONERS ADOPT AN ORDINANCE BANNING THE
RETAIL SALE OF DOGS AND CATS, REQUIRING RETAILERS
TO OFFER DOGS AND CATS FOR ADOPTION FROM LOCAL,
RECOGNIZED SHELTERS AND RESCUE ORGANIZATIONS -
PRESENTED; MOTION TO BRING BACK FOR FURTHER
September 24, 2019
Page 27
CONSIDERATION AT THE OCTOBER 22ND BCC MEETING
AT A TIME CERTAIN – APPROVED
MR. OCHS: Item 6A is a public petition request from
Ms. Patricia Holley requesting that the Board of County
Commissioners adopt an ordinance banning the retail sale of dogs
and cats, requiring retailers to offer dogs and cats for adoption from
local recognized shelters and rescue organizations.
CHAIRMAN McDANIEL: Pick a podium.
UNIDENTIFIED SPEAKER: PowerPoint here. Where do I
give these? To the Clerk? It's for you.
CHAIRMAN McDANIEL: You can give them to our
stenographer there.
COMMISSIONER TAYLOR: We need to see them.
CHAIRMAN McDANIEL: Do we have any public speakers
registered here today, Troy?
MR. MILLER: We do not take public speakers for public
petition, sir.
CHAIRMAN McDANIEL: I understand.
MR. MILLER: I had a couple requests, but I informed them --
CHAIRMAN McDANIEL: I wanted to share that; that is a
petition for an item that's not currently on our agenda, and we will
hear the petition. We will not hear public speakers with regard to this
unless my colleagues and I decide to have another publicly advertised
meeting and bring it back at a date and time that everyone's aware of.
So I just -- time will tell.
MR. OCHS: Mr. Chairman, under your rules, the speaker has
up to 10 minutes to present their petition.
CHAIRMAN McDANIEL: And there -- and so --
MS. HOLLEY: Good morning. I am Patricia Holley, a 20-year
Collier County voter and taxpayer.
September 24, 2019
Page 28
I want to thank you for allowing me to speak here to you-all
today. It is my hope this presentation will educate the Commission
and the public on why it is not okay to buy puppies in a pet store.
Please do not -- please know that we will welcome pet stores to
Collier County. We do not, however, welcome the sale of puppies
and kittens in stores.
What is a puppy mill? A commercial dog breeding facility that
disregards the health and well-being of dogs in order to maintain low
overhead and maximize profits.
Puppy mill to pet store pipeline. Puppies are born in cruel and
unsanitary conditions then sent to a broker who works with puppy
mill retail outlets. Buyers are misled, and money allows the cycle to
continue.
USDA licensed breeders. There is no cap on the number of
dogs; cages only have to be six inches longer than the dog; minimum
food, water, and vet care; exercise and socialization are not required
by law.
Ninety-nine percent of all pet stores that sell puppies sell
puppy -mill puppies. USDA license does not guarantee a humane
breeder any more than a driver's license guarantees a good driver.
Responsible breeders do not sell to pet stores.
Humane Society of the United States puppy buyer complaints
2007 to 2017. Florida has the largest number of pet retailers in the
U.S., and we also have the highest number of sick puppy complaints.
Campylobacter. One hundred eighteen people knowingly infected by
the disease across the 18 states; 21 reported cases of people affected
in Florida.
Petland was at the center of the antibiotic resistant
Campylobacter outbreak. Twenty-five of the ill people were Petland
employees. CDC said outbreak was so serious because the
Campylobacter bacteria involved were resistant to commonly
September 24, 2019
Page 29
recommended first-line antibiotics.
Teen Petland employee infected with Campylobacter. Katie
worked at Petland and sold puppies to customers and was responsible
for cleaning kennels. January 2018 she fell ill with a fever of 104
degrees and was rushed to urgent care. She spent four days at the
hospital and was diagnosed with Campylobacter.
The first known Campylobacter case came from an Orlando
Petland. The CDC will not release the locations of all Petlands who
had cases, but from consumers and employee testimony, we know
cases were also diagnosed from two Broward County locations and
one in Miami.
Although Petland was the center of the Campylobacter outbreak,
another case was documented by the Indian River County Board of
Health from a store called Pets Around the World. Pets Around the
World sold Iona Wilson a sick maltipoo puppy in August of 2018.
The puppy had a bacterial infection known as Campylobacter.
Wilson's daughter, Christine Parent, a nurse, became sick after taking
care of the puppy one weekend and has amassed over $10,000 in
medical bills.
Campylobacter is still found in pet stores. The most recent case
was just last week. You cannot prevent this bacterial infection, and
you won't know you have it until you end up in a hospital. This is a
liability for our county and our taxpayers.
Four doors down from this new pet store is a Chuck E. Cheese.
It is no accident this store has chosen this location to open. Hundreds
of children will walk by the store and see that cute puppy in the
window and beg Mom to let them go and play with one.
All it takes is for one of these children to end up sick in the
hospital for us to say we could have stopped this and did not. This is
not just about puppy mills. This is the safety of our children.
This business model is successful because they rely on
September 24, 2019
Page 30
impulsive purchases. Complaints of $5,000 sick or dead puppies,
veterinarian bills unpaid, on-site financing of 20.99 percent credit
cards is a corporate business model. PetCo, PetSmart, and Pet
Supermarket no longer sell puppies. Our local stores such as Pet
Supply Plus, Goodness for Pets, Naples Dog Center, Earthwise Pet
Supply, Wholesale Hound also do not sell puppies and are successful.
Out of the top 25 most successful pet retailers, Petland is the only one
still selling puppies. This ordinance will also help to support the
lifesaving programs Collier County residents have worked so hard to
implement such as Snip Collier, Humane Society of Naples, Naples
Cat Alliance, DAS, and too many others to list.
There have been 68 ordinances passed statewide, including the
following counties: Indian River, Sarasota, Seminole, Marion,
DeSoto, and other county ordinances currently pending.
May I ask today on behalf of many Collier County residents, to
please move this forward as an agenda item. It is democratic to allow
the voters and taxpayers to have the opportunity to speak about this
most important issue.
We would like to see an ordinance on the October agenda. At
the last meeting, Domestic Animal Service Advisory Board voted and
unanimously passed an ordinance which would ban the sale of
puppies and kittens in stores.
There are residents who wanted to speak today but could not due
to county procedure. Please give them the opportunity to voice their
opinions and concerns. There are over 50 comments in support of
this on the county Facebook page, which has been submitted to you
today.
The law has -- this law has been challenged numerous times and
upheld by the courts. It is our understanding the County Attorney
believes the ordinance to be legal, constitutional, and enforceable, but
the decision lies solely in the hands of the Commission to change
September 24, 2019
Page 31
policy.
I would like to ask this commission: Is it a better defense that in
light of health, safety, and welfare concern to defend a constitutional
ordinance protecting your constituents, or is it better to defend a case
of Campylobacter when someone's child has been hospitalized, even
though the county had legal standing which could have prevented it?
Thank you again for giving me the opportunity to speak to all of
you today, and I hope we will move forward with an agenda item to
discuss this further.
I have a closing comment after a two-minute video I would like
to play.
(Video was played.)
MS. HOLLEY: My request today is on behalf of many Collier
County residents. Can you please move this forward as an agenda
item at the next meeting in October?
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: I would support that. I have
used specific veterinary services for as long as I've been in Naples,
frankly. So it's about 30 years, and have seen firsthand the breeding
puppies' mothers that are brought in that are need to be adopted
because they've been rescued, primarily from the East Coast, and it
would sicken you. It would sicken you to see the condition of these
dogs that are just bred and bred and bred, and so I can't imagine their
offspring and what goes on there.
I don't object to people selling dogs at all. I do object to the
abuse that I witnessed firsthand.
CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER TAYLOR: I'm not saying it's Petland but,
clearly, the threat of this bacteria disease is a real threat.
And so I would support this being brought back to the
Commission,
September 24, 2019
Page 32
and I would like to see if there was support, because I'd like to make
a motion to that.
CHAIRMAN McDANIEL: Let's have a little discussion, and
then we'll go.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I have a comment. I also
have a question for the County Attorney. I did meet with the Petland
folks and Terry Miller, I think, who's done some work for them. I
don't know if they're here.
CHAIRMAN McDANIEL: They are not.
COMMISSIONER SAUNDERS: But I did meet with them
yesterday. And, you know, obviously you get two sides of a story.
From their side of the story, everything looks really clean, and the
animals like look they're well taken care of.
So I went back and did a little search myself, saw some of the
video that the Humane Society has put out, some of those videos, and
came away convinced that maybe there is a problem here.
I don't know anything about these pet stores, but I think it's
worthwhile for us to have that conversation concerning what we can
do. And so I will second a motion to do that.
But the question I have for the County Attorney is, we have
Petland with a location getting ready to open up, from what I
understand. So I don't know that there's anything we could do in
reference to that. So that's kind of a question. Are we -- is the horse
out of the barn, so to speak, on this issue?
MR. KLATZKOW: No. No, if you want to pass an
ordinance --
(Applause.)
CHAIRMAN McDANIEL: Please, please.
MR. KLATZKOW: If you would like to pass an ordinance that
bars the retail sale of dogs and cats, I can give you one that's been
September 24, 2019
Page 33
judicially challenged and approved by the courts.
CHAIRMAN McDANIEL: Understand this, ladies and
gentlemen, this is a highly politicized, extremely emotional subject
matter, and outbursts such like that cannot happen. We need to
pragmatically move through this process. I don't think there's a
person in this room that would tolerate abuse to an animal on any
particular basis.
Now, to call out a particular business or an item along those
lines, as Commissioner Saunders has said, needs to be discussed
pragmatically with as little emotion as possible.
Commissioner Saunders, continue please.
COMMISSIONER SAUNDERS: And to kind of wrap up, there
are two different approaches to this particular issue. One is the issue
of potentially banning the sale of dogs in pet stores. The other is to
regulate the retail sale of pets.
And so I want to -- I received a copy of an ordinance from
Petland. I'll give that to the County Attorney. I'd like for the County
Attorney to take a look at both of those ordinances, this one that
regulates these facilities, and the one that he's talking about that bans
them so that we'll have opportunity discuss which direction we want
to go in.
But I do -- when you take a look at these videos, it is shocking
but, like I said, there's two sides to a story, and we need to hear
both sides.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SAUNDERS: So I'll second the motion, if
there is one made, to bring this back for consideration of one or --
one or both, not -- I guess it wouldn't be both. But one of these
alternative ways to regulate the industry.
CHAIRMAN McDANIEL: My only concern -- and I don't --
I'm going to jump ahead of you because I -- and my only concern is
September 24, 2019
Page 34
dictating that it happen at our next meeting. I would like to confer
with staff, because we have an enormous amount of issues that are
transpiring in our community, and dictating that it come back at the
next meeting is a concern.
I want to bring it back. And, again, remember, I want this to
come back, but dictating that it come back at our next meeting is a
concern for mine -- for me.
COMMISSIONER SAUNDERS: I would agree that it may take
a little time for the County Attorney, but whenever it's ready to come
back.
MR. KLATZKOW: I could have it back at the next meeting
but, again, as Commissioner McDaniel said, we've got a number of
very important land-use items coming through. My guess is that this
item, based on what I'm seeing here, is probably going to take at least
an hour to get through between public comment and --
MS. HOLLEY: There is a permit already out there. We need to
work on this immediately.
MR. KLATZKOW: I would defer to the County Manager
working with the --
CHAIRMAN McDANIEL: I was looking at him when I said
my statement, so...
MR. KLATZKOW: -- working with the Chair.
MR. OCHS: The question is -- we'll bring it back --
CHAIRMAN McDANIEL: I'm concerned about dictating that it
come back at our next scheduled meeting. Is there a sufficient
amount of time to conduct the business for us to review these
ordinances and have an open public process on this?
MR. OCHS: Well --
CHAIRMAN McDANIEL: Soon, yes, but dictating it at our
next -- this is a new -- this is not new, but this is something that's
going to take some time.
September 24, 2019
Page 35
MR. OCHS: Well, Commissioners, that's the pleasure of the
Board, obviously. I mean, we're here working for you and the public.
If you want to have an all-day meeting or all-night meeting, certainly,
we can put it on the next agenda. If you want to try to manage your
day a little bit better, maybe the second meeting in October would be
a better -- would be a better date.
CHAIRMAN McDANIEL: That's the reason I was asking.
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: Commissioner Taylor, make your
motion.
COMMISSIONER TAYLOR: I do have a question of the
County Attorney. If there is a permit out there, if we delay it for
another two weeks, is that going to be problematic?
MR. KLATZKOW: No.
COMMISSIONER TAYLOR: Okay, good. So then I'd like to
make a motion that at our earliest convenience and --
COMMISSIONER FIALA: You're making a motion? I'm on
the board.
COMMISSIONER TAYLOR: He asked me to do it.
CHAIRMAN McDANIEL: She didn't really make a motion.
She wanted to; making sure she had consensus before she did, and
Commission Saunders seconded her non-motion, which she's about to
make.
COMMISSIONER TAYLOR: Let's bring them back; that's my
motion. Let's bring it back for a hearing.
CHAIRMAN McDANIEL: It's been moved and seconded,
Commissioner Saunders, that we bring it back for a formal hearing at
our earliest convenience.
COMMISSIONER TAYLOR: Which is no later than the
second meeting in October.
MS. HOLLEY: Thank you.
September 24, 2019
Page 36
MR. OCHS: Just clarity, sir. To provide for two alternatives for
the Board's consideration?
MR. KLATZKOW: I'll prepare an executive summary for the
Board. Commissioner Saunders just gave me a different approach to
it. And I'll bring both approaches to the Board and --
CHAIRMAN McDANIEL: We'll have a discussion.
MR. KLATZKOW: We'll have a discussion.
CHAIRMAN McDANIEL: And it will be at a date and time
advertised and time-certain so that folks will know when we're going
to do it. Now, be wary when we do time -certains. They often say
"not before 1:00," and then it might be 4:00, so...
COMMISSIONER TAYLOR: So a question to our speaker:
Are we talking about banning the sale of -- retail sale of dogs?
MS. HOLLEY: Yes.
COMMISSIONER TAYLOR: And pets, not just puppies.
CHAIRMAN McDANIEL: That's what she's asking. But we're
having a hearing with regard to this --
MS. HOLLEY: It's puppies and kittens.
CHAIRMAN McDANIEL: -- in its entirety.
COMMISSIONER TAYLOR: Puppies and kittens. So that's
what we're talking about. Not mature dogs?
MS. HOLLEY: No. We were allowing that shelters and rescues
can go into these stores. Just no retail sales in the pet stores for
profit.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Do you have a question,
Commissioner Fiala?
COMMISSIONER FIALA: Yeah. I just want to ask the County
Manager, can we make sure that we have somebody here to talk to
us, whenever this meeting is scheduled, about regulatory issues and
also monitoring. So, you know, say, for instance, this place opens up,
September 24, 2019
Page 37
is there somebody that could go regularly in there, like once a week,
to check the health of the animals and the cleanliness of the place and
so forth so --
CHAIRMAN McDANIEL: We'll have all that when we come
back.
COMMISSIONER FIALA: Well, I just wanted to ask him to
make sure that we do.
MR. OCHS: Commissioner, we'll make sure we have staff there
to address those issues.
COMMISSIONER FIALA: Good. So we get all sides of the
picture. Thank you.
CHAIRMAN McDANIEL: Sure. Absolutely. That's the goal.
So it's been moved and seconded that we bring this back no later than
our second meeting in October at our earliest convenience, if at all
possible on the first meeting. 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. There you go.
MS. HOLLEY: Thank you.
(Applause.)
Item #10A
RESOLUTION 2019-181: INTERVIEWING AN APPLICANT FOR
September 24, 2019
Page 38
A VACANCY ON THE COLLIER COUNTY PLANNING
COMMISSION - MOTION TO RE-APPOINT JOE SCHMIDT TO
THE COLLIER COUNTY PLANNING COMMISSION –
ADOPTED
MR. OCHS: Mr. Chairman, that takes us -- sir, we're moving to
Item 10A that was scheduled to be heard at 9:50. This is a
recommendation -- excuse me -- to interview an applicant for
vacancy on the Collier County Planning Commission. Mr. Schmitt is
available, I believe, this morning, for that purpose.
CHAIRMAN McDANIEL: I don't think he's here.
COMMISSIONER TAYLOR: He's here.
MR. OCHS: Good morning, Joe.
MR. SCHMITT: Good morning, Commissioners.
CHAIRMAN McDANIEL: Good morning, sir.
MR. SCHMITT: I'm here to answer your questions.
CHAIRMAN McDANIEL: I'd like to make a motion that we
approve Mr. Schmitt's reappointment back to the Planning
Commission, and though we don't owe an apology, Mr. Schmitt is a
vet. He does an enormous amount of government contract work, and
if he has to miss a meeting once in a while, so be it.
Thank you for your service, sir.
COMMISSIONER FIALA: Second your motion.
MR. SCHMITT: Thank you.
CHAIRMAN McDANIEL: Commissioner Saunders,
discussion.
COMMISSIONER SAUNDERS: Well, just real quickly,
because the reason we wanted you to be here was to make sure -- no
question about your capability or any of that. I mean, that's never an
issue.
COMMISSIONER TAYLOR: Highly valued.
September 24, 2019
Page 39
COMMISSIONER SAUNDERS: The issue is whether or not
you're going to be able to attend meetings. And if you -- do you have
an estimate of -- I know that's a difficult question, but I think they
have -- I don't know if the Planning Commission has 11 meetings a
year or 12 meetings a year.
COMMISSIONER TAYLOR: Twenty-four.
MR. SCHMITT: Twenty-four at least.
COMMISSIONER SAUNDERS: Is it?
MR. SCHMITT: Twenty-four, at least, meetings plus evening
meetings for LDC hearings. So it could be almost 30 meetings a
year.
COMMISSIONER SAUNDERS: The only question is, with
your busy schedule, will you be able to make at least a majority of
those meetings?
MR. SCHMITT: Absolutely. I mean, I've made them in the
past. Now, just so the Board understands, as you all know, I spent a
year in Afghanistan running a program --
CHAIRMAN McDANIEL: Right.
MR. SCHMITT: -- for the Department of Defense; 2010 and
'11 I built and operated 42 bases for the U.S. Forces, had a staff of
about 16,000; $1.2 billion program which I managed for DOD. I
basically became a subject-matter expert in regards to operations in
Afghanistan and Iraq.
Typically, I got called back by the same defense contractor to do
work to provide advice on supporting operations in Afghanistan and
in Iraq for both the Department of Defense and for the state
department. And, of course, that's a paid position. As I'm a -- the
Planning Commission's a volunteer position. But those are on call. I
can't tell you if they'll call me in December. It depends on programs
and deployments and other things that are happening.
I do have some personal travel scheduled. But my commitment
September 24, 2019
Page 40
is to support the Planning Commission. I feel I want to give back to
the community. I'm 30-year retired military, retired as an army
colonel and, of course, I retired from the county staff, and I ju st
believe this is my opportunity to give back to the community.
COMMISSIONER SAUNDERS: I'll second the motion.
COMMISSIONER FIALA: No, I already seconded.
COMMISSIONER SAUNDERS: Then I'll unsecond my -- or
remove my second. But I just wanted to hear t hat comment, because
that's why we asked you to be here.
MR. SCHMITT: Okay.
COMMISSIONER SAUNDERS: Thank you very much.
MR. SCHMITT: Thank you.
COMMISSIONER SAUNDERS: And thank you for your
service.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: No. I just wanted to thank you for
being willing to make that big of a commitment as well.
I, frankly -- I didn't understand what your role was and what you
were doing for the military, and so that helps me understand a lot
more what your obligations are and, certainly, they're not obligations
that we would expect you not to fulfill because it's -- I mean, you're
serving the country.
So -- and a special thank you for spending the time on the
Planning Commission with your understanding of the Land
Development Code and the whole process, having run that for the
county, thank you for being willing to make that kind of a
commitment --
MR. SCHMITT: Thank you.
COMMISSIONER SOLIS: -- on top of what you're already
doing. So I'm going to support the motion as well.
MR. SCHMITT: I do want to add, I do serve as the Planning
September 24, 2019
Page 41
Commission advisor on the Affordable Housing, which I've been on
for almost three years, and I've not been able to find a replacement
from the Planning Commission to serve on that committee. That has
been problematic, because I've missed meetings as well with the --
COMMISSIONER SOLIS: With the Affordable Housing.
MR. SCHMITT: For the Affordable Housing. But, again, when
I first joined that, Mr. Strain was on that committee as well, and he
had served, and I said, no, I would then -- since I was on the Planning
Commission, I would serve on that committee. And I owe it to that
committee to find another person from the Planning Commission, and
we'll work on that.
COMMISSIONER SOLIS: We'll need to do that, sure.
MR. SCHMITT: Thank you.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: I just have an idea. And maybe we
could find an alternate. I realize that you're specialized in this
particular area, and it's a special appointment on the Planning
Commission because you guys handle the environmental issues.
MR. SCHMITT: Yes.
COMMISSIONER FIALA: And -- but possibly we could have
an alternate on the days that you can't make it, they could fill in for
you, if we could find somebody like that. I don't know.
MR. SCHMITT: Well, essentially, we have alternates. There's
seven of us on the Planning Commission. It only requires five for a
quorum; seven, eight?
CHAIRMAN McDANIEL: Correct. And how many --
MR. SCHMITT: Seven.
CHAIRMAN McDANIEL: And how many times have we
ever --
MR. SCHMITT: And so, essentially -- and every time I miss, I
coordinate with the chair to make sure we have a quorum. I don't
September 24, 2019
Page 42
believe anytime that I missed that it caused them to can cel a meeting.
COMMISSIONER FIALA: Okay. You just don't want it to end
up in an even vote, 3-3, if you're gone, because that could be
problematic.
MR. SCHMITT: Because Mr. Chrzanowski also serves as the
advisor as well on advising on watershed and environmental issues.
COMMISSIONER FIALA: Yeah, you're outstanding.
Everybody agrees with that, you know. We just hate to see you not
be with us and, yet, we don't want you to leave that job that is so
terribly important to our --
MR. SCHMITT: You understand, I mean, we're really going
through the nuts and bolts to make your job easier, and you know
some of those meetings are pretty painful.
COMMISSIONER TAYLOR: That's right.
MR. SCHMITT: The last meeting had, I believe, 1,700 pages to
review for the last meeting.
CHAIRMAN McDANIEL: That was half of ours. So there you
are.
And with that -- and I want to say, Mr. Schmitt, thank you again
for your service.
MR. SCHMITT: Thank you.
CHAIRMAN McDANIEL: Sir, thank you for your service on
all levels, all the way across the board. It would have been my vote
to not even have you come back today so -- but I appreciate you
coming and answering our questions.
It's been moved and seconded that we reappoint Mr. Schmitt to
our Planning Commission. All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
September 24, 2019
Page 43
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Did you notice that I didn't call for any other discussion?
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, that takes us to Item 7, public
comments on general topics not on the current or future agenda.
MR. MILLER: Mr. Chairman, I have two registered speakers
today on public comment. Your first speaker is Rae Ann Burton.
She'll be followed by James Dorsey.
CHAIRMAN McDANIEL: As Ms. Burton -- Ms. Burton
coming to the podium -- is she still here? Yeah, she's digging around.
Each of these public speakers is entitled to three minutes. There is a
clock on a podium that has lights as we go. Green is go; yellow is
you've got 30 seconds; red is over.
COMMISSIONER FIALA: You're out of here.
CHAIRMAN McDANIEL: Right. And I might cut Rae Ann
off short. I don't know. I do have that authority. Oh, she brought
raisins so I'll let her go.
MS. BURTON: Energy for you guys.
CHAIRMAN McDANIEL: Outstanding.
MS. BURTON: Good morning, Commissioners. My name is
Rae Ann Burton. Golden Gate's Rural Estates, in case you forgot.
Issue today: Golden Gate Land Trust Committee. It needs to
continue. Please do not eliminate this committee. It's the watch dog
September 24, 2019
Page 44
for the rural Estates. It fights to preserve the area's rural character as
defined by large wooded lots, keeping of livestock, growing crops,
and enjoying wildlife without dangerous wildlife encounters.
The environmental stewardship, low-density residential
development with commercial and conditional uses limited. That
information is Goal 1 of the staff proposed draft amendment for rural
Golden Gate Estates on today's agenda.
Florida's unique environment's disappearing, and people and
animals are losing habitat. Please put some constraints on the
growth.
Golden Gate Estates is a wealth of wildlife which is quickly
disappearing. I'd rather see the animals and birds in my backyard
than have to go to a zoo.
What will be left for the future generations? Wall to wall
houses? Two to four lanes of traffic to cross just to make a right or
left turn, or drive two or more miles just to go to the opposite side
because of traffic medians. Will they hear the songbirds? Let alone
see them or hear traffic noises, sirens, and the maddening hum of
transformers. Will they be able to walk or ride a bike because there's
no longer any green spaces? Why do you think those that live in city
come to Florida? They come to get away from the hassles of
congested cities.
What is marketed for tourist? The multiple spaghetti roads, the
crowded housing, or the lush palm trees, the beaches and sunsets?
Keep destroying the environment and building without the control;
the sunsets will be blocked from view and traffic so heavy you can't
get to the beaches or have to drive 45 minutes to go 20 miles.
Too much growth creates issues for flooding, increased traffic,
and destroys the rural way of life. We are told the roads are failing.
Could it be the increased auto traffic created by dense housing
developments?
September 24, 2019
Page 45
Please protect and preserve the valuable natural resources within
Golden Gate Estates. The endangered panthers and bears and other
small wildlife are losing their lives on manmade roads or because
they become a nuisance. Burrowing owls are being poisoned by rat
bait. Baby sea turtles can't find the sea because of security lights.
How many gopher turtles and burrowing animals have been buried by
the developers all in the name of progress?
So please leave rural Golden Gate Estates the one committee,
Golden Gate Land Trust, which has the concerns of its residents,
environment, and wildlife. Thank you.
MR. MILLER: Your next speaker is James Dorsey, and he is
your final speaker under public comment.
CHAIRMAN McDANIEL: You can leave that with Terri if you
want to, the raisins. She'll make sure we get them dispersed. Any
kind of sustenance, I'm in.
MS. BURTON: I saw the agenda.
MR. DORSEY: Good morning. My name is James Dorsey. I
live on Santa Barbara Boulevard for the past 30 years.
During the past 17 years, the county has proposed numerous
improvements to Santa Barbara Boulevard. It started with taking
72 feet of my property to install a six-lane highway with bikeways
and sidewalks. The latest version calls for a sidewalk on just one side
of the road.
Printed on these plans are the words "the hedge to be removed,"
yet the county refuses to honor our Fifth Amendment of our
constitution that says private property shall not be taken without a
just compensation.
Your failure to provide this compensation for the loss of my
property will result in the appropriate legal action. I do not
understand why you ignore our Fifth Amendment.
Thank you.
September 24, 2019
Page 46
MR. MILLER: And that is all the public comment we had
today. Thank you.
CHAIRMAN McDANIEL: Okay.
MR. OCHS: Mr. Chairman, would you like to take your
10-minute break prior to the start of this next public hearing item, or
do you want to take it --
CHAIRMAN McDANIEL: I'll just ask our worthy court
reporter. How do you feel about it? Do you want to take a 10-minute
break now? Actually, we'll give you 12. We will come back at 10:30
for the beginning of the next hearing.
MR. OCHS: Thank you.
(A brief recess was had from 10:18 a.m. to 10:30 a.m.)
MR. OCHS: Ladies and gentlemen, if you'd please take your
seat and come to order.
Mr. Chairman, you have a live mic.
CHAIRMAN McDANIEL: Oh, good.
Item #9A
ORDINANCE 2019-21: SINGLE 2018 CYCLE ONE GROWTH
MANAGEMENT PLAN AMENDMENT SPECIFIC TO THE
LIVINGSTON ROAD/VETERANS MEMORIAL BOULEVARD
EAST RESIDENTIAL SUB-DISTRICT PETITION – MOTION TO
ADOPT BASED UPON APPROVED LANGUAGE AND
COMMITMENTS – ADOPTED
Item #9B
ORDINANCE 2019-22: AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
September 24, 2019
Page 47
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL
AGRICULTURAL (A) ZONING DISTRICT, PART OF WHICH IS
WITHIN A SPECIAL TREATMENT (ST) OVERLAY, AND A
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
KNOWN AS THE DELLA ROSA RPUD, PART OF WHICH IS
WITHIN A SPECIAL TREATMENT (ST) OVERLAY, TO A
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS
THE ALLURA RPUD, TO ALLOW CONSTRUCTION OF A
MAXIMUM OF 304 MULTI-FAMILY DWELLING UNITS ON
PROPERTY LOCATED ON THE SOUTH SIDE OF VETERANS-
MEMORIAL BOULEVARD, JUST EAST OF LIVINGSTON
ROAD, IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST, CONSISTING OF 35.92± ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NO. 07-73; AND BY PROVIDING
FOR AN EFFECTIVE DATE - MOTION TO ADOPT BASED
UPON THE APPROVED LANGUAGE AND COMMITMENTS –
ADOPTED
MR. OCHS: Commissioners, we move now to Item 9A and 9B
on your advertised public hearing agenda. Item 9A is a
recommendation to approve an ordinance adopting the single 2018
cycle one Growth Management Plan amendment specific to the
Livingston Road/Veterans Memorial Boulevard East residential
subdistrict petition, and that will be an adoption hearing.
We will also hear, in conjunction with this item, the companion
Item 9B. And this item requires that ex parte disclosure be provided
September 24, 2019
Page 48
by commission members, and participants are required to be
sworn in.
This is a recommendation to adopt an ordinance which
establishes the comprehensive zoning regulations for the
unincorporated area of the county by amending and changing the
zoning classification of the real property from a rural agricultural
zoning district, part of which is within a special treatment overlay,
and a residential Planned Unit Development known as the Della Rosa
RPUD, part of which is within a special treatment overlay, to a
residential Planned Unit Development zoning district for the project
known as the Allura RPUD.
MR. MILLER: And, Mr. Chairman, we have 23 registered
speakers for this item.
CHAIRMAN McDANIEL: Outstanding.
And let's do the ex parte first.
Commissioner Solis.
COMMISSIONER SOLIS: Yes. I had meetings with
representatives from Barrington Cove, Mediterra, and The Strand; I
received lots of calls, letters, emails; from potential neighbors; and
I've met also with Mr. Mulhere, Mr. Yovanovich, Mr. Stock, and
Mr. Gelder. I also met with Mr. Pritt.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Well, I can ditto that same stuff.
CHAIRMAN McDANIEL: Perfect.
COMMISSIONER FIALA: On top of which then I spent an
afternoon with a friend and went over to see the Allura property. I
also went over to see the Inspira property, because I wanted to see
how that was doing and how it's -- now, it's a higher -- you know, it's
a rental property. They've got -- they're 80 percent rented and --
which said something, and this is in the summer, so that's even better,
and -- 80 percent rented, and the property looks great. The people
September 24, 2019
Page 49
next door -- I'm sorry to go on, but I'm going to just say this now.
The people in the next property over from the Inspira, if you
remember, we all -- we were all here when they fought it bitterly.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER FIALA: And it would prevent them from
getting in and out of their properties. You know, it would devalue
their homes, et cetera, et cetera, et cetera. And after they built it, we
haven't had any complaints at all. We haven't really had a problem,
so I thought that was interesting. I didn't expect that outcome, but I
just wanted to tell you that was that.
So along with everybody else that you just mentioned and I
mentioned also -- or I met with as well, and I've got multiple emails,
and also I talked with three of the Planning Commissioners, so...
CHAIRMAN McDANIEL: Very good.
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. Ex parte very much similar
to what's been testified to here. My packet is that brown folder o n the
court reporter's desk. So we're -- that's basically phone calls,
meetings, specifically more meetings than phone calls, but also a lot
of writing, literature, et cetera.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. I had meetings,
correspondence, emails, and telephone calls as well. I met with
various parties interested in this project.
CHAIRMAN McDANIEL: And as did I; meetings
correspondence, emails, and calls.
So with that, I think we'll hear from the petitione r first.
MR. MULHERE: We have to do swearing.
CHAIRMAN McDANIEL: Oh, yeah. We have to do the
swearing. Forgive me.
If Terri wasn't trying to type everything I was saying, we'd be
September 24, 2019
Page 50
done by now. Anyone who is wishing to speak today or filed to
speak, please stand, raise your hand.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN McDANIEL: I'll wave back.
MR. MULHERE: Thank you, Mr. Chairman. Bob Mulhere
here this morning on behalf of the applicant. I am a certified
Professional Planner with Hole Montes.
With me this morning on behalf of Stock, or with Stock, Brian
Stock, Keith Gelder, Chris Johnson. Rich Yovanovich is our
land-use attorney. Ted Treesh -- Ted Treesh is our Transportation
Consultant, and Cathleen Cardoza manages projects for a company
called Greystar, so she spoke, I think, at transmittal and may speak
tonight. Also, I forgot Chris Mitchell, who is our Civil Engineer is
with us here.
So as Mr. Ochs indicated, there are two companion items here,
small scale -- or excuse me -- an amendment to the GMP as well as a
residential Planned Unit Development.
I'm sure you all know where the property is, but just in case
anybody's watching who doesn't, it is located basically at the
intersection of Veterans Memorial Boulevard and Livingston on the
southeast side. And this is a zoning map. You can see I think it was
mentioned that a portion of the property is already zoned PUD, and a
portion of it, about 20 acres -- I'll get into those details -- is zoned A
ag. But the entire property is within the urban area.
The Comp Plan contains 37.57 acres, and the PUD contains a
little bit more, 35.92 acres. That is due to the fact that there were a
couple of slivers along Livingston that didn't have clear title when we
first came through this process. We now have that title, but the GMP
will not apply to those slivers, which will basically be green space.
As I mentioned, a portion of the property is Della Rosa PUD,
15.38 acres, and the balance is zoned ag. The requested density for
September 24, 2019
Page 51
304 units is 8.55 dwelling units on the PUD.
You probably will be recall that the Planning Commission did
vote to recommend transmittal at that density and that the Board also
recommended to transmit the Comprehensive Plan amendment.
The Board, as part of the transmittal, reduced the height of the
buildings from four stories to three stories and limited the maximum
height to 40 feet zoned and 50 feet actual, and the PUD reflects those
limitations.
Just a little bit about the Della Rosa PUD. It is approved for 107
multifamily dwelling units, and it allows a zoned height of 50 feet
and an actual height of 69 feet, which -- so you can see that's
considerably higher than what is proposed for Allura.
Recently, at the adoption hearing before the Planning
Commission, there was a request to provide an 80-foot setback from
Livingston Road and that the buffer be more substantial providing for
Type B plantings, which is a more substantial landscape buffer within
the otherwise required Type D buffer width.
We also, at that meeting, voluntarily committed to market 55
units first to essential service personnel, and 28 of those would be
income restricted to individuals or families whose income is 80 to
100 percent of the median income. I'll get into more detail. I just
wanted to initially just advise you of that.
So I realize this is a little bit of a busy slide, but this slide
demonstrates -- I'm looking for my -- ah. Right here. The income
restrictions or the income that can be achieved under the l ow and
median percentages, 80 to 100 percent, based on the county's annual
median income at present, average median income.
COMMISSIONER TAYLOR: Mr. Mulhere, your median
income is incorrect. It's seventy-eight five, just to let you know.
MR. MULHERE: Okay. Thank you.
COMMISSIONER FIALA: I'm sorry?
September 24, 2019
Page 52
COMMISSIONER TAYLOR: Median income is incorrect. It's
seventy-eight five.
CHAIRMAN McDANIEL: That's the new. But you've got to
look at the date up across the top.
MR. MULHERE: Correct. This was from 2018. I know that --
COMMISSIONER TAYLOR: I know. I just wanted to bring
that to your attention.
MR. MULHERE: I thought so. Thank you.
The point being that it gives you a feeling of the incomes that
individuals or families could earn and still qualify. And so, for an
example, at low, one individual could earn 42,000 a year, or at
median 52,000 a year. If you look at a family of four, for example,
that income is 60,000 at low, and 75,000 at median. And since the
median income has increased, those numbers will fluctuate. That's
calculated every year.
I know there's an easier way to do this, but I'm erasing that.
This particular slide depicts the calculated cap rate impact of
agreeing to market those units at the 80 to 100 percent income. And I
would just call your attention to really what is the bottom line. It's
calculated on one-bedroom, two-bedroom, and three-bedroom.
And the reduction in residual value when you compare these
units to market-rate units is $2,073,600. So, I mean, it is a
meaningful contribution, and this is the point of providing this slide is
so that someone can have an understanding of what the -- you know,
the revenue costs of providing these are compared to market-rate
units.
I wanted to -- this exhibit -- we shared this exhibit with you at
transmittal. In blue is the Della Rosa PUD. They had a plan
approved. Obviously it never went forward with construction. But
you can see right here that they had a building that was approved at a
zoned height of 50 feet and a higher actual height that was located
September 24, 2019
Page 53
20 feet from the setback.
So, obviously, in our case we have a much more significant
setback because we have provided for a minimal principal structure
setback from our east property line of 125 feet. So here and here
(indicating).
We've also committed to the 80-foot setback that I mentioned
previously along Livingston of 80 feet. I know there's an easier way
to do this.
MR. MILLER: Clear.
MR. MULHERE: Clear. Got it. Thank you.
This is the -- I won't go over this. It's in your packet. This is the
BCC transmittal language. It's pretty succinct, and it provided for
what I've already described to you. There are some commitments in
there that we'll go over as part of the presentation.
This is a copy of the proposed PUD master plan. We'll just
point out, you can see there's a pretty significant wetland preserve
here. We've located our -- excuse me. You can't see me when I say
"here" and point. Right here. And then, of course, our lake is here,
which was strategically located there to provide additional buffer to
the neighbors.
This is an aerial photograph that shows our proposed site plan.
And, again, this area here is -- all in here is slated for preserve. This
is the development table. I just call your attention to a few items that
I've already mentioned. But from Veterans Memorial Boulevard, the
principal structure setback is 80 feet. From the eastern boundary, the
setback is 125 feet.
You can see that we have limited our height to the previously
mentioned three stories. And then those are 40 feet actual, 50 feet
zoned, and our accessory structures are located below that.
COMMISSIONER FIALA: Can I ask him a question right now.
MR. MULHERE: Yes.
September 24, 2019
Page 54
COMMISSIONER FIALA: Yes. Can you tell me --
CHAIRMAN McDANIEL: Stay on the microphone.
COMMISSIONER FIALA: Can you tell me, how close are you
to the nearest home?
MR. MULHERE: Well, for our principal structures, a minimum
of 125 feet.
COMMISSIONER FIALA: Okay.
COMMISSIONER SOLIS: That's to the property line.
MR. MULHERE: Yes.
MR. YOVANOVICH: Which is on the other side.
MR. MULHERE: Yeah, thank you for pointing that out.
They've also got a setback. Let me go back to the site plan. I don't
know that I have that exact number, but -- maybe the aerial -- no. I
believe they've got a side-yard setback plus a landscape buffer
which -- let me show you where that is, which is right in here. I'm
not -- obviously here there's plenty of separation because there's no
structures in here, and right here.
So in those two locations they've got both -- either a rear -- most
of them are rear-yard setbacks. So there may be one home that has a
side-yard setback plus their landscape buffer. So they've got a
minimum of additional 20 to 30 feet on top of the 125.
COMMISSIONER SOLIS: Is there any way we can figure that
out, or maybe Mr. Pritt knows and can tell us later, what the setbacks
in Barrington Cove are? Because I'd like to know that.
MR. MULHERE: Yeah. We can get an answer for that. I think
they're almost all rear yards because, you know, there's roads that run
along here and here (indicating), but I just want to make sure that one
isn't a side yard, which would have a lesser setback. So we will get
that answer for you.
This exhibit is really a key that shows our landscape buffers.
And I'm going to go into detail on these. So each of these colors
September 24, 2019
Page 55
represents a different type of landscape buffer. So the pink color,
that's what it looks like to me, is the property boundaries that are
adjacent to a roadway, and they'll have Type D buffers.
And some of them are a Type A buffer and then some of them
are a -- a special Type B buffer, and I'm going to go over the details
on that for you.
So if you look at the key, you can see that this buffer, which is a
standard Type B buffer, occurs here, and this property right here is
commercial. This property right here is agricultural. They're
five-acre parcels, each of those.
Most likely that will potentially be something such as
commercial on that intersection, but right now that's ag, that
southerly five-acre parcel, and also here and also here. Now the fire
station is down here.
So those all have a Type B buffer. And you can see from the
exhibit that that includes trees spaced 25 feet on center as well as a
hedge, and there will be a decorative fence also behind the
landscaping.
COMMISSIONER SOLIS: That's the aluminum fence that you
were showing there?
MR. MULHERE: Correct. That's right here in the lower -- this
right here is the fencing materials. This buffer is -- is a Type A
buffer, and that is because, as I said, we abut what is agricultural
now, but obviously it's a five-acre parcel. It's going to at some point
be changed to something else, most likely commercial. But either
way, they will also be required to have a buffer, and they will be
coming in after us. So a Type A buffer in that location.
This is the enhanced Type B buffer that I discussed, which is the
buffer that we're providing adjacent to our closest -- and, again, we'll
get that number, Commissioner Solis, but to our closest adjacent
neighbors here, and that also includes the mahogany spaced 25 feet
September 24, 2019
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on center, as well as 5-foot coco-plum hedges. It also includes the
fence that will either be behind the landscaping or between the
garages.
And we've also inserted 12-foot-high fishtail palms. Those are
spaced 10 feet on center. The purpose of this enhanced buffer is to
create opacity, and opacity at a nice height as well.
And I do have some sightline exhibits that I showed you at
transmittal, and they've been updated with the additional landscaping.
These are the Type D buffers, which will be provided, again, along
the road frontage, and the request was to provide for a Type B
planting in that Type D buffer along Livingston Road, and we've
agreed to do that.
These are the sightline exhibits that I mentioned. And you have
a key in the lower right-hand side. So when you look at these, for
example, "A" is perspective looking across Veterans Memorial to this
project. You know, that is a 200-foot-wide right-of-way with an
additional significant setback on both properties. So when you're
looking in this direction, this is the sightline that you would see
looking this way.
With the reduced height down to three stories with the
significant setback and the landscape buffers, you will not even -- and
there's a berm on the Mediterra property. You will not see these
buildings. You may see the tippy top of the roof, but based on this
visual, you really won't see those buildings.
Looking at Exhibit B is this perspective right here. And, again,
there is a low vegetated berm. And when you're looking from that
perspective, the same thing, you'll be looking up over the top of an
enhanced landscape buffer that we're providing. Of course, their own
landscape buffer, and our enhanced landscape buffer right in here.
We also have these garages which are one-story structures. That
forces your perspective upward. And, again, you might see the tippy
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top, but you probably won't even see those structures.
Let me just erase that. These are two other perspectives, and
they're very similar in nature because you're talking about looking
this way and this way into the project. And, again, you have the
same berm and landscape buffer on the neighboring property, and
we'll have a low berm here, but we'll have a substantial landscape
buffer which has been designed to be opaque. And, again, if you're --
as a pedestrian here, you'll be looking in that direction. And, again,
for the most part, those buildings will be obscured from your view.
I wanted to take a moment and share with you a comparison of
other rental projects that have been approved recently, the size and
the density of those projects. And I'm sure you'll remember many of
these, but Pine Ridge Commons was 375 units on just under 10 acres,
so a significant density of 31.51 units per acre.
Briarwood, which I actually worked on, was about a 16-acre
parcel, 320 units. It's under construction now, and that is 20 units per
acre.
The Aster at Lely, 17.31 units per acre. Legacy Naples, 16.1.
Courthouse Shadows, which is not approved, but it is working
through the process and just went before the Planning Commission,
will be coming to you soon, proposes a density of just under 16 units
per acre.
Addison Place, just under 16 units per acre. Inspira at Lely
Resort is 15, just slightly above 15. Milano Lakes is 12 and a half.
Orchid Run is 12.23. Springs at Sabal Bay is just under 10. And I
think most significantly the point that we wanted to make was that
the Allura project at 304 units on almost 36 acres is 8.46 units per
acre; 8.55, I believe for the smaller acreage that we discussed that
differential. But just about eight and a half.
As we mentioned at the transmittal hearing before the B oard,
there is -- and I know you are aware of this because you've seen other
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applications come through, but there is very strong demand for
market -- market demand for apartments. That demand exceeds the
supply and continues to exceed the supply. That's a simple economic
formula. When demand exceeds supply, prices go up.
Occupancy at present is close to 95 percent, a little lower for
some of the newer ones that are coming through, but they will
expect -- they expect to be fully leased. And the estimate d market
demand for rental units by the end of 2022 is over 5,300 units. Now,
there are some coming online, so that number will be adjusted as new
projects come online. But that's a pretty significant demand.
Some elements that related to how this project will be managed,
how Inspira is managed, because it's really going to be the same high,
high level of management. Typical demographics are that the renters
are working professionals and empty nesters as well. Average
household income ranges from 80- to 135,000. In this case, there
will be some with lower income based on our commitment to provide
essential service housing.
There is professional on-site property management. As I
mentioned, Catherine Cardoza is here, and she can respond to
specific questions you may have. She's with Greystar, which is the
largest leasing and property management firm in the U.S. They
conduct full background checks on all tenants. There is a seven-day
eviction process for any criminal activity. No subleasing is allo wed.
Airbnb and similar short-term housing rental type of things are
prohibited. You can't rent your unit out through Airbnb or whatever
the other companies that do the similar stuff is.
All the vehicles are required to be registered. There is a very
strict restriction on pets. Photo and proof of vaccinations. The
standard lease term, typically a year. You can rent for less, up to
seven months, but you pay a premium for a shorter lease. But some
people want to come down and look around the community, and they
September 24, 2019
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just want to sign a seven-month lease.
Always a big issue is traffic. And in our previous hearings --
well, first let me say that we are compliant and consistent with all of
your policies, all of your rules that apply to traffic, and all of the
regulations.
There was some discussion about whether the ITE Trip
Generation Manual, which is the standard that's used -- professional
publication that's used to calculate typical trip rates for all uses, and
those are used in developing the TIS that demonstrates what the trip
generation will be for this.
And, as you know, all probably -- for quite some time now, all
of your rezones, PUDs and other rezones, have a trip cap, and we, of
course, have a trip cap that applies to our project as well, and that's
monitored through the development order process, either plat or SDP.
The point I wanted to make with this slide was that we did an
analysis of a number of other -- and the next slide, too -- a number of
other recently approved and developed housing -- rental apartment
housing developments, and it was demonstrated that the ITE trip
manual is actually very close to the trips that are actually being
generated in those projects that are developed.
COMMISSIONER SOLIS: How did you do that? Can you just
explain? I mean, you did your own traffic studies?
MR. MULHERE: Yes, we did. We put out trip counters, and
we went to -- let me go to the next slide because -- whoops. I guess I
don't have the next slide. We looked at -- Ted, where are you?
Could you come up? I know we looked at six or seven developed
apartments, and I think maybe I can find that for you, but maybe Ted
could speak to that a little bit quicker.
COMMISSIONER SOLIS: That would be helpful.
MR. TREESH: Good morning, Commissioners. Ted Treesh.
Our surveys were done at five different communities. We
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counted each community three different days during the week both
during the morning and the p.m. periods to determine the number of
cars coming into and out of those communities and then conducted
the average trip generation, which is consistent with how ITE
develops their trip generation information that goes into the manual
that we typically use for projects that we're conducting in Collier
County.
MR. MULHERE: And this slide takes the average of the
surveyed sites and provides you with a trip generation rate, and it
shows the in and the out trips a.m. and p.m. peak hour. And you can
see that the actual trip generation is very close -- that we've
calculated is very close to what would be calculated under the ITE
trip generation manual. There's a very minor differential between the
two, and that probably depends on the actual demographics on
site-specific cases, but they're very close.
I'm not ready to go to questions yet.
I do want to just share with you briefly some pictures of Inspira.
Now, maybe you've all been there, and I apologize. I'll just go
through these very quickly because I think they are very telling.
These are four-story, and we're three-story. But particularly on the
inside, I just want to demonstrate the very high quality of that
development, and this development will be of the same high quality.
That's in the pool -- looking at the pool, the amenity area. The
interior of the project. Again, a picture of the pool, interiors.
CHAIRMAN McDANIEL: Those are real pictures, aren't they?
MR. MULHERE: Yes.
CHAIRMAN McDANIEL: They're not renderings?
MR. MULHERE: No. Those are real photos; probably done by
a professional photographer, but they're real photos.
Again, interiors. And, you know, I personally have visited
Inspira, and I can attest to the fact that it is extremely high quality.
September 24, 2019
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COMMISSIONER FIALA: And I went through it also and saw
exactly what you're showing us here.
MR. MULHERE: Amenities, interior amenity areas, and, again,
a view.
So, in conclusion, we received a recommendation from staff of
approval. Both the CCPC and the BCC approved motions to
transmit. This project complies with all of the staff conditions, we've
agreed to all of them, and includes the additional conditions that were
made in a CCPC motion at the adoption hearing, but that motion
didn't carry. Unfortunately, we had lost some members of the CCPC.
There was only five people left, and I think it failed on a 3 -2 vote.
But we've incorporated those conditions. And those were, as I
said, the ESP, the essential service personnel condition, the 80-foot
enhanced setback from Livingston Road, the enhanced buffers.
These were the additional conditions that were part of -- and there
were a couple of corrections to the PUD document.
Heidi Ashton mentioned to us that we reference a Collier
County definition of essential service personnel. And there is one
that was used in a previously approved project; however, Cormac
Giblin indicated that the state just in the last legislative session
adopted a new definition, and so we will add to the PUD for the
purposes of this PUD that definition. That's not done yet, but we're
committing to do that.
The nurses, emergency personnel, government employees. It's
what you would typically think of as an essential services person.
I'll go back up to questions.
MR. YOVANOVICH: I've got a couple.
Good morning. For the record, a couple things I'd like to add. Rich
Yovanovich, for the record. Sorry.
In answer to your question, what's the distance that the nearest
home can be from Barrington Cove to their property line, on that
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west property line for them there's a minimum 27-foot drainage
easement. So 27 feet is the closest structure. So it would be total of
152 feet structure to structure minimum setback, Commissioner Solis.
And they also -- remember, they're going to have a landscape
buffer on their property, as Bob took you through that.
COMMISSIONER SOLIS: Twenty-seven and 125?
MR. YOVANOVICH: Twenty-five, which would be -- if I did
my math right, it's 152 feet.
COMMISSIONER SOLIS: Okay.
MR. YOVANOVICH: A couple of things I just wanted to add
to the request. Under your current Growth Management Plan, we can
ask for two different types of density. If we wanted to just do a
market-rate project, we can ask for up to seven units per acre because
we're, in the urban area, four units, and we're also in a TCMA, which
would allow for another three.
So we can ask for seven pure market-rate units. We're asking
for an additional 1.55 units per acre as part of this project, or we
could do a traditional affordable housing density bonus project on
this property and could ask for up to 16 units per acre under the
existing Comprehensive Plan. What we proposed was a hybrid of the
two, market rate and also essential service personnel.
Cormac Giblin provided us a definition that's in the current state
statute for essential service personnel, and under the state statute --
and this is from 420.503 Florida Statutes, "Essential services
personnel means natural persons or families whose total annual
household income is at or below 120 percent of the area median
income adjusted for household size and at least one of whom is
employed as police or fire personnel, a childcare worker, a teacher or
other education personnel, healthcare personnel, public employee, or
a service worker."
And we would agree to that being incorporated as the definition
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of essential service personnel with the one restriction we've restricted
ourself income-wise to families -- individuals or households making
between 80 and 100 percent of the median income. So we've reduced
the eligible income.
After -- for years Arthrex, the Chamber, and Naples Community
Hospital and others have been coming to the Board saying there's a
shortage; we need to do something about this. And after our
transmittal hearing, I believe Arthrex came to the Board of County
Commissioners and, again, renewed their concern about housing to
meet the needs for their particular company and others as well. I'm
sure you -- I think you've received a letter from Arthrex supporting
this project.
And I know -- we heard the message from Arthrex and others,
and the Commission, I know, heard the message that we need to do
this, and they wanted to find -- you wanted to encourage the private
sector to participate in helping to meet this need.
And Brian stepped up and said each of the additional units
above the seven units per acre -- 249's the base which we can ask for
today under the Comp Plan. Each of the 55 units above that, he
will -- he will market first to essential services personnel, which I just
read who those people are, and we've been talking about them for
many years.
We'll market those to them first, and if a unit -- if we can't find
qualified essential services personnel renters, then we can market to
other individuals. And of those 55, he also said I will income -restrict
28 of those units to the 80 to 100 percent income category. And Bob
took you through that.
And you'll see that that reduces the rents for 28 of those units
from approximately $270 a unit to I think it was slightly over $300 a
unit; am I close? So it's a significant rent reduction for those 28 units
for essential service personnel workers and an overall impact to the
September 24, 2019
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value of the project of over $2 million. That's a significant
commitment for the private sector to make to help meet those needs.
Our program, or proposed Comprehensive Plan amendment, as I
said, is a hybrid to what we can do under the existing -- the existing
affordable housing density bonus program. In fact, a couple things I
want to point out, we were criticized by the experts for Mediterra that
we didn't ask for affordable housing under the existing
Comprehensive Plan.
Well, I don't think -- I think what we've asked for is better and a
better program. That same expert admitted that the size of the
development is of the standard size for successful apartment
complexes that provide high-level amenities like Inspira and others
that you will have here. That same expert admitted that we comply
with all of your transportation requirements within Collier County.
Your staff has said we comply with all your transportation
requirements within Collier County.
David Weeks has opined that we've met our burden of showing
the need, and the data and analysis supports a Comprehensive Plan
amendment.
That same expert didn't quibble with David Weeks' final
determination that we met the data and analysis requirement to
request our Comprehensive Plan amendment.
Your staff did an excellent job of reviewing this and working
with us to come up with appropriate setbacks, and they have
recommended, even over the objection of the Planning Commission,
both the approval of the Comprehensive Plan amendment and the
PUD.
And with that, that concludes our remarks. We're available to
answer any questions. We do ask that we -- unfortunately, at the
Planning Commission we had some people who wanted to speak at
the Planning Commission. They couldn't stay past lunch and were
September 24, 2019
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not recognized and allowed to speak at the Planning Commission. I
would request that those people, if we get close to the noon hour, that
those people be given an opportunity to speak if we're still in the
question-and-answer period. I'd like -- I'd just ask for that courtesy to
those individuals.
CHAIRMAN McDANIEL: We will get close to the noon hour.
MR. YOVANOVICH: With that, I have nothing further to add.
COMMISSIONER SOLIS: Who would they -- who would they
be, just so we know --
MR. YOVANOVICH: You have two from the Chamber, and I
believe Naples Community Hospital has a representative here.
CHAIRMAN McDANIEL: And there's people here. So we've
got a list of public speakers.
MR. YOVANOVICH: Troy -- I gave mine to Troy and asked
that --
(Simultaneous crosstalk.)
CHAIRMAN McDANIEL: We will hear all of the public
speakers.
MR. YOVANOVICH: I know that. There's three of them that
would like to be heard before the lunch hour.
CHAIRMAN McDANIEL: Oh, so you want to prioritize those
speakers?
MR. YOVANOVICH: Yes, I did, because they didn't get an
opportunity at the Planning Commission. That's all I'm asking.
CHAIRMAN McDANIEL: No worries.
I have no lights. Any questions for the petitioner?
COMMISSIONER SOLIS: Not now.
CHAIRMAN McDANIEL: Not now. Nor do I.
MR. OCHS: Mr. Chairman, would you like to hear from staff?
CHAIRMAN McDANIEL: Absolutely.
MR. WEEKS: Good morning, Commissioners. I'm David
September 24, 2019
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Weeks, Growth Management Plan Manager in the Comprehensive
Planning Section for the county. My remarks will be brief.
One thing that I'm not sure was actually stated as far as this
petition goes, it is restricted to apartments only; rental apartments
only. They're not allowed to have condominium or other -- any other
type of separate ownership of individual units.
As Bob has already explained, at the transmittal hearing the
Planning Commission did recommend approval of this project. It
was by a 4-2 vote, though one Planning Commissioner in particular
did comment that he had some concerns, and when it came time for
the adoption hearing, that person did switch their vote to not support
the project, and we also had a different -- a little bit different makeup
of the Planning Commission at the two hearings. And I think may be
one other person might have switched their vote. But the result was,
at adoption, was a motion to approve failed 2-3.
The reason staff has recommended approval of this project for
the Comprehensive Plan amendment is based on these findings and
conclusion: First of all, broadly speaking, this property is in the
urban designated area, not the site specific level, but broadly, which
is the area where the Comprehensive Plan encourages higher density
and intensity of land uses, and it's where most of the public dollars
are focused towards providing infrastructure for development.
Secondly, this property is within the Transportation
Concurrency Management Area, TCMA, and it's an area with
transportation demand strategies are employed to reduce traffic
impacts, in which this project does commit to providing at least two.
Thirdly, there are no infrastructure impact concerns generated
from this project nor are there any natural resource impact concerns.
The data and analysis, in staff's view, does show that there is a
demand, a need, for additional apartments in Collier County and
especially in this particular area.
September 24, 2019
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There have been a lot of apartment complexes approved and
quite a few built within the last three or so years. Most of those have
been in the vicinity of Collier Boulevard, the East Naples, South
Naples area. Most of them, if not all of them.
COMMISSIONER TAYLOR: You see.
COMMISSIONER FIALA: I've been saying it. They believed
me.
MR. WEEKS: And, finally, at the macro level, the high-level
review that Comprehensive Planning does for a Comprehensive Plan
amendment as opposed to the site-specific detailed review for a
zoning petition, staff does find that this project is compatible with the
surrounding area. And, again, staff does recommend approval.
CHAIRMAN McDANIEL: Okay. We've got lights. And we'll
go with Commissioner Taylor first.
COMMISSIONER TAYLOR: Yes. Mr. Weeks, what are the
two conditions that the petitioner has agreed to help manage the
traffic?
MR. WEEKS: One of which is to provide a vehicular
interconnection connection -- well, sorry. I'll back up. They need to
do two out of three at a minimum.
COMMISSIONER TAYLOR: Right.
MR. WEEKS: One is to provide a vehicular interconnection to
the commercial parcel adjacent to the west northwest; secondly,
provide pedestrian bicycle interconnection to that same project,
commercial; or, thirdly, to provide a CAT, Collier Area --
CHAIRMAN McDANIEL: Transit.
MR. WEEKS: -- Transit, thank you, CAT facility in their
project. So at least two of those three they must provide and they've
committed --
CHAIRMAN McDANIEL: Are those the two TDMs they
talked about in here that must be provided?
September 24, 2019
Page 68
COMMISSIONER TAYLOR: My question.
MR. WEEKS: That is correct.
CHAIRMAN McDANIEL: Go ahead and ask. I'm sorry.
COMMISSIONER TAYLOR: I had to do that. Go ahead. No,
get some clarity.
CHAIRMAN McDANIEL: You regularly read my notes and
then ask the questions. Are those --
COMMISSIONER FIALA: Now, children.
CHAIRMAN McDANIEL: Yes. David, don't listen to him.
MR. WEEKS: Yes, sir.
CHAIRMAN McDANIEL: Are those the two TDMs that are
referred to in the petition, two of those three?
MR. WEEKS: Two of those three, yes.
CHAIRMAN McDANIEL: Okay. Thank you.
Forgive me for jumping in.
COMMISSIONER TAYLOR: No, no.
And then what would be the process be if, say, five years from
now the developer of the project decides to make these units for sale?
What would be the process?
MR. WEEKS: They would have to come back and amend the
Comprehensive Plan and PUD.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Commissioner Saunders, you're
next.
COMMISSIONER SAUNDERS: Thank you. Just a couple
questions in terms of what is permitted there currently. There was
conversation that under existing zoning, seven units per acre would
be permitted if there was no workforce or affordable housing. To get
to seven units per acre, would that require any zoning change, or is
that permitted by right?
MR. WEEKS: On a portion of the site it would require
September 24, 2019
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rezoning. There's an existing Della Rosa PUD that encompasses the
majority of the subject site, but there's also some acreage that is
zoned agricultural which would only be entitled to one unit per five
acres.
COMMISSIONER SAUNDERS: And how much of that is
zoned agricultural?
MR. WEEKS: The applicant says approximately 20.
COMMISSIONER SAUNDERS: So about 15 acres is zoned
for the seven units per acre.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SAUNDERS: And I would assume that it
would be very difficult to deny a change from agricultural to
apartment on that 20 acres; is that a fair statement based on where it's
located?
MR. WEEKS: I'm reluctant to answer that. It was up to the
purview of this board.
COMMISSIONER SAUNDERS: That's always the case, but
I'm asking for your opinion.
MR. WEEKS: Well, I can't predict what this board will do, but
I would say that would be consistent with the Comprehensive Plan.
COMMISSIONER SAUNDERS: I'm only asking you a
question as a professional.
MR. WEEKS: Yes, sir.
COMMISSIONER SAUNDERS: Would it be likely that they
would be able to get seven units per acre on that 20 acres that's now
agricultural?
MR. WEEKS: Commissioner, it would be consistent with the
Comprehensive Plan. That would be a very reasonable request, in
my opinion.
COMMISSIONER SAUNDERS: Then in terms of the 16 units
per acre, the density bonus on the 15 acres, would that be as of right
September 24, 2019
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at this point, or would that require any kind of a zoning change?
MR. WEEKS: That would also require a zoning change; not a
Comprehensive Plan amendment.
COMMISSIONER SAUNDERS: To get to that density bonus?
MR. WEEKS: Correct.
COMMISSIONER SAUNDERS: So we're really dealing with
seven units per acre would be typical for the 15 acres and likely for
the other 20. That's all. I just wanted to see what was permitted as a
matter of right.
MR. WEEKS: Okay.
CHAIRMAN McDANIEL: Any other questions?
MR. YOVANOVICH: I just got texted that one of the speakers,
Mr. Dutcher, has to leave at 11:30. He's -- can we accommodate him
at this time?
CHAIRMAN McDANIEL: Yeah. I don't see why not. We're
going to do the other three as it is. If -- I'm okay with that.
MR. YOVANOVICH: He was one of the three that I
mentioned.
CHAIRMAN McDANIEL: Sure. I'm okay with that. Are there
any other questions?
COMMISSIONER SOLIS: Not yet.
CHAIRMAN McDANIEL: Let's go to the public speakers.
MR. OCHS: Well, Commissioner, we still have another
member of staff that still has a few things for the record as well.
CHAIRMAN McDANIEL: Come on up.
MR. SABO: Good morning. James Sabo, Principal Planner
certified with the county.
I'll make this quick. The zoning recommendation assumes that
the GMPA is approved, so we continue to recommend approval
respectfully disagreeing with the Planning Commission based on the
densities that were in the Della Rosa PUD.
September 24, 2019
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CHAIRMAN McDANIEL: I understand that.
MR. SABO: So I'll relent at this point.
CHAIRMAN McDANIEL: You don't have to hit your light. I
got you.
COMMISSIONER TAYLOR: I do have a question.
MR. SABO: Sure, sure.
COMMISSIONER TAYLOR: It's my understanding that the
reason that there's such a high density on Della Rosa was the result of
a transfer of development rights. It's also my understanding at the
time that these -- this density was given to this property, the staff
disagreed with it. Can you confirm that?
MR. SABO: I can't myself. I don't know if --
MR. YOVANOVICH: I know I can.
COMMISSIONER TAYLOR: You were the one?
MR. SABO: I did it.
COMMISSIONER TAYLOR: Okay.
MR. YOVANOVICH: Do you want me to explain?
COMMISSIONER TAYLOR: I just want you to answer the
question. The staff disagreed with it. The Commission approved it.
MR. YOVANOVICH: The Planning Commission and the
Board of County Commissioners both agreed to it.
It was not --
COMMISSIONER TAYLOR: Staff disagreed with it.
MR. YOVANOVICH: That I don't recall, but it was not a
transfer of development rights. It was also within -- under your
Growth Management Plan. Because we were less than 20 acres, we,
at that time, were entitled to ask for an additional three units per acre
to get to the seven. We agreed as an additional incentive to get to the
seven to buy TDRs, but we did it under the infill provisions to get to
the seven. We put frosting on the cake, if you will, by agreeing to do
that through the acquisition of TDRs in addition.
September 24, 2019
Page 72
COMMISSIONER TAYLOR: But you can't speak to the fact
that staff disagreed with this?
MR. YOVANOVICH: I only remember the vote.
CHAIRMAN McDANIEL: Any other questions?
(No response.)
CHAIRMAN McDANIEL: Now we'll go to -- are we all done
with staff now? Okay.
MR. OCHS: Thank you.
MR. SABO: Thank you.
CHAIRMAN McDANIEL: I saw Trinity. I saw Trinity
sneaking around back in the back.
COMMISSIONER FIALA: Now she's going to run to the door.
CHAIRMAN McDANIEL: Okay. Let's go to public speakers
in order --
MR. MILLER: Yes, those were the first --
(Simultaneous crosstalk.)
CHAIRMAN McDANIEL: -- to go at 11:30 and then the other
three that have a commitment after lunch.
MR. MILLER: Those are the first three slips submitted, sir.
They will be the first three called. Your first speaker is Phil Dutcher.
I'll remind speakers to use both podiums, please. He will be followed
by Michael Dalby.
MR. DUTCHER: Good morning, County Commissioners. It's
good to be here in front of you this afternoon.
I'm Phil Dutcher. I'm the Chief Operating Officer for NCH
Healthcare System, and I'm here as representing one of the largest
employers of Collier County. NCH, in addition to our normal
workforce needs for housing and recruiting and attracting and
retaining employees, has special needs because of the special services
that we provide.
Our Code Save a Heart and Code Save a Brain services require
September 24, 2019
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employees, professional employee/staff to be available to our hospital
within minutes in response to emergencies such as those. And our
ability to find and help our employee/staff find convenient, easily
located, easily located near one of our hospitals is vitally important to
us and to continue those programs.
Five years ago the NCH board decided to start a training
program for physicians in this community, and next July -- or June,
we will graduate 12 medical internal-medicine physicians, and we've
already hired, put under contract three of those 12. So the process of
training doctors locally is working for us, and we'll be adding to the
complement of physicians in this community as a result of that.
Those individuals also are here generally for three years,
hopefully longer, but finding suitable affordable housing for those
individuals has become an issue that we struggle with. And every
year as we bring in a new cadre of 12 residents, a little bit of a
firestorm trying to find easily accessible housing for them.
So NCH in general is supportive of any workforce housing
projects in our community. It's vital to us to continue to recruit the
quality professionals we need for the healthcare field. We recognize
that communities don't necessarily like certain developments near
them, but, you know, our position is that any new workable housing
is certainly great for us.
So I would ask you to consider that in this project.
CHAIRMAN McDANIEL: Would you please, for the record,
state your name and position again.
MR. DUTCHER: I'm sorry. It's Philip Dutcher.
CHAIRMAN McDANIEL: You said it once, but I wasn't
listening.
MR. DUTCHER: Phil Dutcher, Chief Operating Officer.
CHAIRMAN McDANIEL: Thank you, Phil. And
Commissioner Taylor has a question for you before you go away.
September 24, 2019
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COMMISSIONER TAYLOR: Hi, Mr. Dutcher.
MR. DUTCHER: Hi, Commissioner Taylor.
COMMISSIONER TAYLOR: Just a question. We're kind of
batting around the word "affordable." I'm not referring to you, but it
kind of -- it's kind of a horse of a different color depending on who's
talking about it.
What kind of -- do you want more market-rate housing?
MR. DUTCHER: Well, we certainly --
COMMISSIONER TAYLOR: Expensive market-rate housing?
MR. DUTCHER: Yeah, we like lesser expensive housing. You
know, we look -- struggle with housing for our nurses, as I
mentioned, our residents, any of our healthcare professionals, that
level of employee, frankly, and -- you know, a good chunk of our
employees live up in Lee County because they can't afford to live in
Collier County.
And so, frankly, workable -- or workforce housing at any level
is something that we would support.
COMMISSIONER TAYLOR: And, generally, just so you
know, just for the record, it's my understanding with affordable
housing, we termed affordable housing probably not any higher than
80 percent of the median income. So thank you very much.
MR. DUTCHER: Thank you.
MR. MILLER: Your next speaker is Michael Dalby. He'll be
followed by Amanda Beights.
MR. DALBY: Michael Dalby, the President and CEO of the
Greater Naples Chamber of Commerce.
And in full disclosure, Brian Stock sits on our board of directors
along with 56 other businesspeople, governmental leaders,
not-for-profit leaders. And the Chamber's had a clear and
long-standing position of support for housing that's affordable,
particularly workforce housing.
September 24, 2019
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While this is market-rate housing, it does have an affordable
component. And workforce housing includes many types of housing,
including apartments.
Many people, when they first transition here to take jobs, don't
initially buy a home. They live in apartments or live in some type of
rental dwelling. I lived in Positano Place, which is a 300 -unit condo
complex that sits off of Livingston Road close to Pine Ridge, and
rented there for a year. That development is roughly similar in many
ways to this.
About half the people that lived there were retirees, and about
the other half worked. The Allura development has -- I think, would
probably see -- at least about 40 percent of the people would be
retirees. So when we start talking about traffic, realize that a lot of
these people aren't going up in the rush hour of time frames.
There's three key factors that I'd like to try to address here. First
off, is that in the previous hearing that I sat in, a number of people
kind of vilified people who lived in apartment complexes. I think
many of us lived in apartment complexes at one time or another. It's
key for our housing mix, and having apartment complexes important
for our overall citizenry.
These apartments, particularly, would be attractive, I think, to
doctors, hiring health professionals, engineers at Arthrex, financial
professionals, attorneys who would see that as key housing
particularly in its North Naples location.
Secondly, the development is planned off a six-lane arterial that
has a signalized intersection for its entrance and egress. The Positano
Place doesn't have a signalized intersection, and it works, and this
one is a six-lane arterial.
It's near a school. It's near emergency services. You know, if
you can't build an apartment complex on a six-lane arterial, it starts to
narrow down the possibilities of where you can do this at.
September 24, 2019
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And, lastly, you know, it's been pointed out already that 15 acres
of this property was already zoned for multifamily residential. And it
could be much higher, much more density, much less setbacks. So I
think in many ways this is a project, a development that has been put
together to try to keep in mind all the demands from -- whether it's
government bodies or the neighborhoods in terms of setbacks and the
other concessions that they've made.
So we see this as adding to the total product that we have to
offer to people who are looking to find a place here in Collier
County. Thank you very much.
CHAIRMAN McDANIEL: I'm going to give you a little bit
more time. Commissioner Taylor has a question for you.
MR. DALBY: Sure.
COMMISSIONER TAYLOR: You were very much involved
over the years with the affordable housing --
MR. DALBY: Absolutely.
COMMISSIONER TAYLOR: -- effort. I mean, you were right
there --
MR. DALBY: Sure.
COMMISSIONER TAYLOR: -- all the time, and you've been
an eloquent spokesperson for the need for affordable housing. And
one of the incentives or carrots that this commission established
finally, after wrestling with a multitude of choices, was to increase
the density to -- that was the carrot; that we would increase density
on projects that were dedicated to affordable housing. Do you agree
with that premise?
MR. DALBY: Sure. I mean, anything that can be done to try to
encourage any type of development or addition of affordable --
housing that's affordable any type of development. I think that as you
look at this where they've made the 50 units available and within the
requirements that are set up there is nice to see because we, frankly,
September 24, 2019
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haven't seen very much at all happen in this area over the time that
we've been working on it.
So to have a private-sector developer say that I am willing to try
to do this to try to help in some way and, yes, taking advantage of
those bonuses, but at the same time being able to provide some type
of workforce housing, to me, is an important first step in this whole
process.
CHAIRMAN McDANIEL: Thank you, Michael.
MR. DALBY: Thank you.
MR. MILLER: Your next speaker is Amanda Beights. She'll be
followed by Nancy Huntt.
MS. BEIGHTS: Good morning. For your records, my name is
Amanda Beights.
I've been thinking a lot lately about how decisions are made for
communities and for our community many times, but not all of the
time. It goes something like this: Meetings and discussions are had,
good plans are made, participating members are in agreement, and
then the public meeting occurs. And who shows up? I've said it
before and I'll say it again, those that have the freedom and ability to
sit in this room all day do not represent all of Collier County.
It's a business day. Collier is diverse. Collier is growing.
Collier has potential.
This past summer I took a trip back to where I grew up, and I
did a little tour of the various homes I lived in during different times
of my life. One of these homes relates to what we're talking about
today. When I was in kindergarten, my family and I lived in an
apartment close to my schools, and I walked with my mom, who was
a nurse, to and from school each day.
I have so many good memories from this time in my life, and the
apartment was on a beautiful, safe street on a corner with large
single-family homes also lining the rest of the street. Imagine that.
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I have -- I'm really just a bit embarrassed for our community that
so many are against apartment living and diversity of housing
options.
You've heard and will continue to hear all of the statistics and
the reasons why this development is more than worthy of
consideration. The road can handle it. There are no environmental
concerns. It's close to schools and very important -- very important
businesses, a hospital, and more.
It's certainly a stunning development as well, and excellent
concessions have been made to fit some of the needs of communities.
So I'd like to go back to this apartment I lived in as a child for a
moment. And as I was leaving our little tour to home, I called my
mom to reflect on our apartment, and as I was discussing how
beautiful this home was, the homes were on the street, she said, you
know, Amanda, those homes were built a long time ago and were
once dedicated as housing for factory workers for a factory that was
close by. She said there was a need, and they built it, and I thoug ht,
imagine that.
I was thrilled to learn that Allura had dedicated a portion of this
development for essential housing, and all I can say is, yes, more of
this, please.
So, Commissioners, I ask you, if we cannot move forward with
beautiful apartment living that has a portion of dedicated housing for
essential workers, that housing happens to be next to single-family
homes because it doesn't fit in with our community? If we can't even
do this, then what are we doing and who do we want to be? I
certainly hope that we can think bigger than that.
Thank you for your consideration.
CHAIRMAN McDANIEL: Thank you, Amanda.
MR. MILLER: Your next speaker is Nancy Huntt. She will be
followed by Joe Huntt.
September 24, 2019
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MS. HUNTT: Thank you, Commissioners. Good to see you
again. I am a resident of Barrington Cove. I want to thank you all
for your dedication to making Naples the best community in America
to live in. Thank you.
I would like to focus on the vision for our community and point
out that if Allura is to be built on that corner of Livingston and
Veterans Memorial, it will have a negative impact on the public
infrastructure now and in the future.
Traffic now is an issue. Allura development will only intensify
it. With the planned high school, already middle school, and
elementary school, there's no plan to -- for a traffic solution.
Veterans Memorial is a two-lane highway. Just a little highway --
road. And basically at this point we're already in a gridlock getting
out of the communities.
Now, I'm not quite sure on that development. We were told at
the first part of this that there was only one entrance into their Allura
project off of Veterans. That may be different now. I'm not sure,
according to the plans.
The density must be in public interest, which has not been
proven here. Just to increase density to accommodate a developer's
wish to maximize their profit at the expense of the surrounding
neighbors and neighborhoods contradicts the GMP.
This project is not compatible with the surrounding
neighborhoods and presents negative impact on our infrastructure.
Backing up to Barrington Cove neighborhood, we can expect
increased noise, lighting, and annoyances in spite of those proposed
setbacks impacting our existing quiet neighborhood.
Summing up, this development is inconsistent with the GMP
and is not a responsible decision or plan for making our county the
best community in America to live, work, or play. Thank you.
MR. MILLER: Your next speaker is Joe Huntt. He will be
September 24, 2019
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followed by Bob Aufdenkampe.
MR. HUNTT: I am Joe Huntt. That is spelled H-u-n-t-t. I am
an owner in Barrington Cove.
The GMP outlines that a proposed development meet a series of
benchmarks. Three of these are compatibility, concurrency, and
complementary.
Chairman Strain, during the Planning Commission hearing,
stated that in his opinion, this project is not compatible to the
surrounding area to -- due to both scale and massing. Thus, this
project is inconsistent with the local development patterns already in
existence.
The concurrency issue requires a governing body to confirm that
seven public services, one of which is mass transit access, be
available for any proposed development. Although Stock has stated
that a transit area could be built, it would serve only a non-existent
bus line. And I do realize they've backed off from that, but they're
going to give a bike path or a walking path to non -- a commercial
piece of property that may or may not be developed in any time near.
Is this project complementary to the surrounding communities?
According to the definition of the word, which of the following does
it fulfill? Combining in such a way as to enhance or emphasize the
qualities of another; to fill out or complete; mutually supplying to
each other what the other lacks on its own.
It meets none of these definitions. It will exacerbate traffic,
increase the nighttime light pollution, and, I would expect,
periodically elevate the neighborhood noise levels from the pool
parties that can be expected to be provided by management for the
enjoyment of their tenants.
Last, everyone talks about the traffic on Livingston Road, but
the real issue is the mess that can be expected to occur on the east
side of Veterans. The only exit from the Allura complex will be onto
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Veterans.
This is a two-lane street that was clearly never designed to
adequately handle the volume of traffic that is currently using the
road. Why? When the first car in line at the light is turning left,
southbound, no other car can proceed to turn right northbound. No
right-hand-turn lane exists; thus the line of cars backs up and in some
instances of having to sit through a second cycle of this light.
The construction trucks that are currently going into and exiting
Talis Park cause this condition to exist now. What happens when
Allura begins their massive project? How many minutes will it take
to get out of our community then? How is the quality of life for
residents of Barrington Cove not going to be forever diminished?
Thank you, Commissioners.
MR. MILLER: Your next speaker is Bob Aufdenkampe. He'll
be followed by Marti Aufdenkampe.
MR. AUFDENKAMPE: Good morning. Bob Aufdenkampe.
I'm a resident of Barrington Cove.
In April of 2017, this commission held a strategic planning
workshop to serve as a roadmap for development. You created a
vision statement at that time. The best community in America to live,
work, and play.
Along with your vision statement was a mission statement that
states: To deliver high-quality and best-value public services,
programs, and facilities to meet the needs of your residents, visitors,
and business today and tomorrow.
You focus on six strategic areas. I'd like to address two of those
areas today: Quality of place and growth management. Quality of
place, your strategic goal, to preserve and enhance the strategy,
quality, value, character, and heritage of our neighborhoods,
communities, and region.
One of the community expectations you set was to preserve and
September 24, 2019
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enhance our neighborhood character.
In growth management your strategic goal, to responsibly plan
and manage community growth, developments, redevelopments, and
protect the natural environments.
Two of your community expectations were: Enforce current
development standards and maintain relevant plans that reflect the
needs and desires of a growing community. Manage developments
and redevelopments in harmony with efficient mobility, habitat
preservation, water resources, management, and sustainable ecology.
You're being asked to approve a GMPA that more than doubles
the current community density. The developer's asking for you to
allow a property zoned for 189 units to be rezoned for 304; a
60 percent increase. Why? Because that's what the developer wants,
not because the community needs it.
The question I ask this board, based on your strategic plan set in
place in 2017, how does Allura fit in this plan? Does it preserve and
enhance the heritage of our neighbors? Is it compatible with the
existing communities? Does it enforce current development
standards and maintain plans that reflect the needs and desires of this
community?
Does it come in harmony with efficient mobility and
concurrency? In other words, compatibility, comparability, and
concurrent with the surrounding area. I believe the answer is no, and
so did the members of the Planning Commission; did not believe
Allura met your GMP.
Too much on too little with a devastating effect on your
community. So please reject the GMP. Thank you.
MR. MILLER: Your next speaker is Marti Aufdenkampe. She
will be followed by Anne-Marie Cadwallader.
MS. AUFDENKAMPE: Good morning. My name is Marti
Aufdenkampe, and I am a resident of Barrington Cove. I would like
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to thank all of you for allowing me to speak this morning.
According to the Growth Management Plan, any structure built
must be compatible with the existing neighborhood. The GMP states
that it must pay strict attention to this.
According to the Collier County's Growth Management Plan,
the neighborhood must not only be compatible, but it must be
comparable and even complementary to the existing communities.
Allura is neither compatible due to its scale massing, nor is it
comparable to the neighborhoods surrounding it. Therefore,
according to the GMP, Allura should not be built. No matter how
much setbacks, buffers, landscape, et cetera, et cetera, et cetera it's
still going to stick out like a sore thumb.
Lastly, I urge you to reject the GMPA just as a planning -- just
as the Planning Commissioners did. Thank you again.
And any remaining time that I have, I'll extend to anyone else
that wants it from Barrington Cove.
CHAIRMAN McDANIEL: You can't do that.
MS. AUFDENKAMPE: I can't do that? Okay. Forget that.
CHAIRMAN McDANIEL: No.
MS. AUFDENKAMPE: Thank you very much.
MR. MILLER: Your next speaker is Anne-Marie Cadwallader.
She will be followed by Bill Arnt.
MS. CADWALLADER: Good morning. My name is
Anne-Marie Cadwallader. My husband, Bill Arnt, and I bought our
home in Barrington Cove in February of 2017. We live here full
time.
We planned this as our last home, and we picked Barrington
Cove doing due diligence because it is in the middle of quiet
low-density neighborhoods, zoned and built as such.
We are at this hearing to discuss this project at hand, Allura.
We're here to talk about what is, not what if, not what could be. The
September 24, 2019
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Planning Commission rejected Allura's plan to build too much on too
little noting specifically compatibility. The density units per acre that
Allura wants is more than double of any of the surrounding
communities.
Complementary. At three stories, five or more buildings, how is
Allura's mass complementary to the low-density single-family
communities that surround this corner that make up the bulk of
development along the Livingston corridor from Bonita Springs Road
to Immokalee Road? How is Allura, at 304 units with 608 cars
entering and exiting on two-lane Veterans complementary or
beneficial to neighborhoods that already see traffic jams, especially at
the Veterans/Livingston intersection?
Concurrent. How is -- Allura is an island, a made-up subdistrict
that has no mass transit connection, is at least two miles away from --
from essential shopping. From -- Allura's 608 cars will have to drive
on Livingston to do anything, go to work, shopping, drop off laundry,
go to a restaurant. How will this fit the desire of this board to
compact neighborhoods to cut down on driving trips? How is this
concurrent with the legislative mandate that a development must have
adequate transit and traffic capacity before it is built?
Traffic on Livingston, as the Planning Commissioners noted, is
the growing problem. Creating more traffic for that section of
Livingston now will only add to the problem to the point where it
will be considered a failed street.
To the residents who use Livingston every day, it will be a
disaster that could have been better managed, if not prevented.
Collier County's own Growth Management Plan states a development
must be both compatible and complementary with the surrounding
neighborhood, including external compatibility with existing
neighborhood uses and structures.
If Allura is approved. What communities say from a
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neighboring PUD being drastically changed and density just because
an influential developer wants it. Reversing the well-thought-out
land-use plans that county commissioners had the foresight to put in
place. Thank you.
MR. MILLER: Your next speaker is Bill Arnt. She'll be -- he'll
be followed by Elena Mola.
MR. ARNT: My name is Bill Arnt. I'm the President of
Barrington Cove HOA, the community that's most affected by Allura.
Thanks for your time and effort in having this hearing and your
consideration over the last two years in all these things. And you've
been very, very attentive and very good in listening to us. Thank
you.
Over the course of the last few months, our North Naples
community has been working to let you, the Commissioners, know
that our community of over 4,000 doors does not want Allura built
due to crowding and lack of infrastructure, not because it's an
apartment complex. Let's get that straight. We're not complaining
because it's an apartment complex or rentals. We have several rentals
in our community. As a matter of fact, we have -- 33 out of 133 of
our units are rentals in Barrington Cove. So we're not complaining
about the fact that there's rentals coming.
What we are complaining about is that due to the crowding and
lack of infrastructure, we're elated that the county planning
commissioners agreed with us and voted not to recommend the
building of this community.
In speaking to your constituents, I have found many opposed to
this project and few with no opinion but even fewer in favor of the
project. Mostly businessmen are in favor of this. The community --
obviously, some of the large community leaders are in favor of this.
But your residents in North Naples are not in favor of it by and large,
4,000 doors worth.
September 24, 2019
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Their concerns can be summarized in three parts: Compatibility,
concurrency, and complementary. You've already approved four
projects within the last year that fit that criteria: Springs at Hammock
Cove; Briarwood Plaza, Livingston; Pine Ridge Commons; and
Baumgarten, a Master Planned Community.
Each of those approvals fit the County Commissioners'
requirements to centralize population, reduce vehicle usage, make
conveniences accessible with unnecessary road trips.
What the Planning Commission saw was that Allura did not fit.
The closest conveniences of any type are 2.9 miles away. There is no
public transportation, so in order to get to shopping, restaurants,
cleaning, gas stations, and other conveniences, the 500-plus
occupants of Allura would add to the already -burdened Livingston
Road/Immokalee Road traffic.
Added to that burden will be the building of the high school on
Veterans Parkway that will add an additional vehicle load that would
accommodate teachers, administrators, students driving to school.
There's also a planned community of Argo that's 40 acres and is
advertised as single-family coastal homes. I don't think these
additional projects were figured into the traffic computation for
Allura.
Residents moving from Veterans Boulevard to Livingston will
even be more affected since only the exit and entrance to Allura,
according to the Planning Commission, will be from Veterans
Parkway.
One of the things also that we would ask you to consider is the
fact that we, as a community, have been diligent in our approach to
what is going on around us. We would ask you to consider the
additional usage of traffic from the high school and from the
additional communities being built.
Thank you very much.
September 24, 2019
Page 87
MR. MILLER: Your next speaker is Elena Mola. She has been
ceded additional time from Anne Dougherty. Could you indicate
your presence, please.
UNIDENTIFIED SPEAKER: She just stepped out. She was
here. She just --
MR. MILLER: I'll need to see her here.
Ronnie Bellone?
(Raises hand.)
MR. MILLER: And I cannot -- is this Prins?
MS. PRINS: Prins.
MR. MILLER: Okay. So that will be a total of -- and did I hear
that Ms. Dougherty is here?
COMMISSIONER TAYLOR: She is.
CHAIRMAN McDANIEL: If she's in the room and can come
back before --
MS. MOLA: I think she just left.
CHAIRMAN McDANIEL: -- Elena is done.
MS. MOLA: She just left, unfortunately.
CHAIRMAN McDANIEL: She has to be present in the room.
MS. MOLA: Yeah, she had to go.
CHAIRMAN McDANIEL: If she has left --
MS. MOLA: She had to go to work.
MR. MILLER: We'll go with nine minutes. And Ms. Mola will
be followed by Barbara -- I'm sorry if I'm saying this wrong --
Gattore. I'm having trouble reading it.
MS. GATTONE: Gattone.
MR. MILLER: Gattone.
Ms. Mola.
MS. MOLA: Thank you very much, Commissioners.
I always believe that actual numbers don't lie. And I've gone a nd
provided three graphics to show you exactly how many residents,
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how many cars live along the 3.5 miles from Immokalee Road to
Vasari on Livingston Road where Allura is proposed to be
constructed.
In connection with the proposed Allura project, there is no
justifiable overwhelming public good or need served from a violation
or amendment to the Growth Management Plan and zoning laws.
Rather, it only benefits one or two private parties at the expense of
and with the opposition of over 7,000 residents that live within a
3.5-mile Livingston corridor of the proposed project.
The 3.5-mile segment already has approximately 8,000 cars
traveling on Livingston Road. During rush hour, it takes residents 20
minutes to travel two miles from Veterans Highway to Bonita Beach
Road.
To the extent that a party with a financial interest claims the
Allura projects are needed in that specific location because either
there are not enough rentals in the immediate area or not enough
affordable housing, such, in my estimation, is not accurate.
There are current 12 apartment complexes -- there are currently
12 apartment complexes within two to six miles from the proposed
Allura apartment project and over 75 private rentals, condos,
townhomes, and single units currently available, which are
significantly less expensive than the proposed Allura project even
when you take into consideration the discount made for the
affordable -- 28 affordable housing units which, I should add, they're
only held for 30 days. Once those units are not filled by affordable
housing individuals, they go back to market rate.
As of 7 p.m. last evening, within two and a half miles east up to
Tarpon Bay, Northbrooke Drive, and west to Arthrex at Goodlette
and six miles south, i.e., to Vanderbilt Beach Drive of the proposed
Allura project there exists 12 apartment complexes. They're all
indicated in these red locators.
September 24, 2019
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Assuming that they are composed of approximately 100
apartments each, that's a thousand rental units within two-and-a-half
miles of this project, two-and-a-half to six miles.
Additionally -- thank you very much, Leo.
There are 75 -- as of last night, 75 rental units, private rental
units, condos townhomes, and single-family available for rent whose
monthly rentals range from $1,400 to 2,050 per month, amounts
which are much lower per square foot than the proposed Allura
project. Most of them are two-bedroom, two-bath. Of these,
approximately one-third have been on the market for over 100 days.
It tells you something about the actual need that we have here.
Allura and Inspira monthly pricing is advertised at 1,642 for a
one-bedroom to 2,909 for three-bedroom, three-bath. Of the 304
proposed units, again, Allura has proposed to hold 28 units for
affordable housing for only the first 30 days of the complex rental at
the approximately (sic) discount; however, such proposals did not
appear in the original ordinance. I think that's been revised.
But, again, that does not solve the fact that the current existing
rentals available are much less expensive than what they're affording.
The aforementioned available rentals do not even include the
additional 325-unit Pine Ridge Commons project at Goodlette and
Pine Ridge under construction and approximately three miles from
Arthrex.
So if we can go back to the -- if we can go back to this original.
We see that, again, within the three-and-a-half mile section from
Immokalee to Vasari, which is at the line at Bonita Springs -- and
there's nothing we can do to Bonita Springs. Mr. Dalby said
something to the effect that Livingston is a three-mile highway on
either side, and it's not. It's only two lanes. And Veterans Highway
is just a little two-lane road, okay.
We've got Mediterra with 950 units of approximately 1,900
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residents and cars. We have The Strand, 1,300 units of
approximately 2,600 residents and cars. We have Talis, 550 units of
1,100 residents and cars. Enclave, 38 units of 76 residents and cars.
Delasol, 300 units of 600 residents and cars. Carlton Lakes, 375
units of 750 residents and cars. Camden Lakes, 157 units, 300
residents and cars.
And this does not include the traffic from the new high school,
the Oakes Farm, which is scheduled to have 500 employees and sit
300 patrons at their counters, the new school, the regular Collier --
anyway, Bonita traffic that goes along I-75.
Again, ask us, any of us who live right there. And when we take
a right on Veterans to go to Bonita Beach, it takes us 20 minutes to
go two miles. I don't know anywhere in the county -- and I wish
somebody would tell me -- where there are over 8,000 residential cars
in a 3.5-mile segment.
Thank you very much.
MR. MILLER: Your next speaker is Barbara Gattone. She will
be followed by Robert Pritt.
CHAIRMAN McDANIEL: Yeah. We're going to stop after
Barbara and go to lunch.
MR. MILLER: All right, sir.
MS. GATTONE: I wanted to talk just about one mile of
Livingston Road. That gal did a great job.
I'm going to start at Royal Palm Academy, which has 288
students mostly driven there by their parents. Across from that, you
have Delasol, Camden Lakes, and North Naples Middle School.
There are over 1,098 students there, and many of them are driven to
school as well.
You have the communities of Verona Pointe, Barrington Cove,
and our beautiful fire station. Across from the fire station is a
proposed community of another 130-some homes. The Archdiocese
September 24, 2019
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of Venice owns 50 acres on that side as well for a planned senior
living.
At this point Livingston Road is three lanes north and south.
When you cross Veterans, it becomes two lanes very quickly.
Veterans Highway -- it's not a highway. It's sort of like a
country road; two lanes west where the new high school will be for
2,000 students. That school alone will generate 400-plus cars every
day, just the school. If you head east on Veterans, you have Talis
Park and The Strand along with Barrington Cove using that stretch of
highway.
It is our understanding that the Allura project will have its
entrance and exit on Veterans Parkway. That is going to totally
impede traffic on that road.
The project does not complement. It doesn't lend anything to
the area. That is one mile from Royal Palm Academy to Veterans,
and that's a lot of growth.
Thank you for your time.
CHAIRMAN McDANIEL: Before you go away, Ms. Barbara.
MS. GATTONE: Yes, please.
CHAIRMAN McDANIEL: Look at me. Right here. Right
here. Your name and your last name, please?
MS. GATTONE: Barbara. Last name is Gattone, G-a-t-t-o-n-e.
CHAIRMAN McDANIEL: Thank you very much. I didn't pick
that up at the beginning, so I always want to ask at the end.
MS. GATTONE: Thank you, guys.
CHAIRMAN McDANIEL: And we will take a one-hour lunch,
back at 1 o'clock.
(A luncheon recess was had from 12:00 p.m. to 1:00 p.m.)
CHAIRMAN McDANIEL: Mr. Chair, you have a live mic. I
was just helping you.
MR. OCHS: Thank you, sir.
September 24, 2019
Page 92
COMMISSIONER FIALA: We could get this real quickly
without the other two.
CHAIRMAN McDANIEL: I'm thinking. Just the three of us.
COMMISSIONER FIALA: Oh, wait a minute.
CHAIRMAN McDANIEL: There's Burt.
All right. Mr. Troy, let's go with our public speakers, sir.
MR. MILLER: Your next speaker is Robert Pritt. He's been
ceded additional time from Tim Richards, who --
(Raises hand.)
MR. MILLER: And also from Tony Giles --
(Raises hand.)
MR. MILLER: -- who is also here, for a total of nine minutes,
and Mr. Pritt will be followed by Susan Mulgrew.
CHAIRMAN McDANIEL: Go.
MR. PRITT: Thank you, Mr. Chair, members of the Board. My
name is Robert Pritt. I'm an Attorney with Roetzel and Andress law
firm. I represent Mediterra Community Association, Inc., which is
the master association for Mediterra located on the west and the east
side of Livingston Road north -- north of Veterans to the northwest
and immediately north of the proposed development.
Mediterra has also engaged Dr. David Depew, Depew -- he's an
AICP lead and AP, I think that is -- that means he's a good planner --
Dr. Depew, to review the proposal. He has testified at the previous
hearings on this subject, has submitted a planning analysis, and is
here to provide expert testimony.
Mediterra is a mixed-use residential PUD, 1,168-plus acres with
750-units density. It is primarily single-family homes with some
detached coach homes.
We had testified earlier in your transmittal hearing and at the
Planning Commission hearings that this proposed development is
inconsistent with your Growth Management Plan. This board did
September 24, 2019
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approve for transmittal the ordinance amending the GMP to create a
subdistrict to allow this particular apartment rental development with
a maximum density of 304 units and a three -story maximum height.
It's my recollection that one or more of you indicated that that would
be a maximum, and that did not necessarily mean that you were
going to rezone at that maximum.
We continue to have several issues. Primarily it is density, in
plain language, and you've heard this from others, but it's still too
dense at 304 units at that location. It's too much on too little
property, buildable ground, for a good quality of life. It far exceeds
permitted densities in the surrounding developments.
Your staff report shows the densities in the surrounding
developments, and those densities range anywhere from about .46 in
Mediterra to up to -- and this is up to about 4.0 dwelling units per
acre.
We don't think that Della Rosa will ever be built because here
they are asking for something that is not Della Rosa. It was allotted
seven dwelling units per acre for other reasons, and we are thinking
it's being misused now as a basis to justify even further increases.
Even giving credit to the existing Della Rosa PUD, the density
would be about 190, give or take a unit or two. The applicant, we
think, makes a weak argument for "entitlement" at 7.0 DUA, which
yields 249 units, not 304.
And the rest of it is a sweetener. I think it was a -- he said
frosting on the cake for 52 units which now is trying to convince you
that it's a good idea to put the so-called affordable units. I don't think
they're really qualified as affordable units, but that's sweetener on a
cake. Our problem is the cake itself is not good. There's simply no
good reason to allow 304 units. The GMP, even as amended, as I
said, puts an upper limit on the proposed development at 304.
With due respect to the staff's report, the planning staff
September 24, 2019
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apparently does not recognize the importance of external
compatibility. That is, how does it fit in with its neighborhood? Not
internal, which we talked about with inside the PUD, but externally.
In this case, and in other cases it's had before you, it has
recommended approval of development that results in high - and
medium-rise structures to butt up close to adjoining single-family
homes. This board has wisely done something about that in the past,
but it is a problem.
We think that the game -- you've been gamed a little bit in that --
or maybe a whole lot, in that they started out asking for 420 units and
now they're all the way down to 304. That's not the way you should
look at it, in my opinion. You should look at it starting at .4 and
going up, if you think you need to. Four units per acre is what maybe
they would be entitled to, but think about how far -- they need to
make a really good case for going up any higher than that.
And the affordable housing thing, we see that as a veiled threat.
We're used to veiled threats in some of these hearings, and hopefully
you see what that is for what it is.
The other issue is incompatibility. The type of the development
that is densely built multi-family is incompatible with the existing
neighborhood patterns and the prevailing single-family or
low-density coach homes in the areas. Simply put, although it looks
like it's a good project by a good builder and so on, it's just in the
wrong location.
The subdistrict is -- in my opinion is spot planning in order --
spot planning in order to create spot zoning, and the PUD is spot
zoning in that it is trying to satisfy the requirements of a developer,
and you went all the way to creating a subdistrict to satisfy a
developer's -- single developer's plan for a property. That's
backwards. The way it should be is we have zoning, and people
should be following the zoning in order to decide where they're going
September 24, 2019
Page 95
to do their building.
So even though it might be an okay project one place, then it's
not an okay project in the wrong place.
And if you look at your own Growth Management Plan and your
own ordinances up until this date, you have a strong affinity for
having very low density type of housing in that whole particular area
that we're dealing with. So it's a -- it's an incompatibility issue.
And, by the way, the GMP requires not only that the
development be compatible but also be complementary. You've
heard some people talk about that. Complementary to the
surrounding neighborhood. As we've stated before, even the GMP
amendment does not satisfy that GMP requirement, and that makes
the GMP itself internally inconsistent.
We would like to have you ask yourselves what is the proposal,
not who is the applicant and the team. Again, no problems with the
particular applicant, but what is the proposal.
And, secondly, why must the county change its regulations to
accommodate a single owner or developer rather than the owner
developing in accordance with its existing regulations?
Is the -- third, is the proposed development consistent with the
compatibility and complementary requirements of the GMP? We
think not.
And, four, is there really a compelling case for allowing an
increase in density anywhere near the extent desired?
So, in conclusion, Mediterra respectfully requests that this board
deny the proposed GMPA for a subdistrict solely to accommodate
this development plan and that it deny the proposal to rezone the
property in accordance with the RPUD request.
Alternatively, we would ask the Board to continue the hearing to
give the applicant the option of presenting a request that is less dense
and more compatible with this particular neighborhood.
September 24, 2019
Page 96
I'll be glad to try to answer any questions.
CHAIRMAN McDANIEL: Thank you, sir.
MR. PRITT: Thank you.
MR. MILLER: Your next speaker is Susan Mulgrew. She'll be
followed by Mark Roos.
MS. MULGREW: Thank you. Good afternoon to all the
commissioners, to their hard-working staffs --
CHAIRMAN McDANIEL: Say your name, please, Susan.
MS. MULGREW: I'm going to get to that. I'll say it now,
though.
CHAIRMAN McDANIEL: I'm sorry.
MS. MULGREW: -- to the members of the Planning
Commission who were diligent in their research and true to their
mission by sending a no-approval vote to this committee on Allura
last month.
My name is Susan Mulgrew, and I'm the President of The Strand
Master Association. Our community, as you probably know by now,
is located between Immokalee Road and Livingston Road. We are a
20-year-old community of 1,073 residences with more than 2,000
residents, and the majority of those are voters in this county.
We are a year-round community. We are -- our neighborhoods
have school buses. Our residents volunteer in your hospitals and
schools, we are business owners, and we are voters who care about
this community and its development.
Right now we are most concerned and, yes, I would even say
frightened about what to expect in the future. Collier has always
prided itself on planned development, not the helter-skelter building
that has ruined so many other beach communities all through Florida,
and I think you can all probably think of something that you've
visited.
But it appears that Collier may now be lowering its standards
September 24, 2019
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and abandoning its mission by giving into developer requests like the
one before you today.
I could go on and on about the density of Allura, which we all
know is way too high, but I think that's been well covered. I could
speak about traffic congestion; already a nightmare which Allura will
make worse. You've had lots of testimonials to that. I could remind
you that there's no affordable housing which there -- that there is not
affordable housing, which we do agree, we all agree that we need in
Collier County. But luxury residences unaffordable to many are not
what we need here and not in this project.
And I would, once again, mention that Allura, as you just heard,
does not the fit into any development plan for this area. However, I
will skip all the details of those things and make one final point, and
that is your duty to adhere to the development plan for the county,
which was a promise made by Collier County to all residents that our
communities would, in fact, have controlled development.
Your own planning committee, those smart folks who
understand the plan, because they work with it every single day and
review it, have sent -- have said no to Allura because it does not fit,
does not meet density, and all the other nots that you've already
heard.
CHAIRMAN McDANIEL: Thank you.
MS. MULGREW: So now --
CHAIRMAN McDANIEL: Thank you.
MS. MULGREW: Oh.
CHAIRMAN McDANIEL: You're --
MS. MULGREW: Sorry.
CHAIRMAN McDANIEL: That's -- no, no sorry. I interrupted
you a little bit. I thought you were going to be done sooner, so --
MS. MULGREW: Could I just say my last thing?
CHAIRMAN McDANIEL: Go ahead.
September 24, 2019
Page 98
MS. MULGREW: Okay. So now there's only one question left
for today, and the question will be answered with your vote. Who is
going to control the development of Collier County? Will it be our
Planning Commission and you as commissioners, or will it be
developers?
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next speaker is Mark Roos. He will be
followed by Katy Red -- Wrede, excuse me.
MR. ROOS: Good afternoon. I'm Mark Roos. I live on
Buonasera Court in Mediterra. And thank you for the opportunity to
address the commissioners.
My greatest concern about this project is from a public -safety
perspective, particularly first responders. You may have seen on one
of the charts from the previous speakers that Livingston Road runs
parallel to 75. That gives Livingston an unusual situation. When
there's an issue on 75, Livingston is the bypass route for traffic. And
so we regularly, as residents along there, see traffic backing up,
particularly in the afternoons and in some cases crawling along that
stretch between south of the fire station and Bonita Beach Road.
And I've actually filmed that and sent the commissioners,
particularly Commissioner Solis, some video of that situation on a
typical afternoon in season.
I'm very concerned about that situation. I walked Livingston
Road during one of those episodes, and I really, quite frankly,
wondered how the fire station responders would get to my house if
there were a fire or an emergency circumstance.
All those communities along Livingston are only accessible
from Livingston. There's no back entries to them.
And this situation will only make that much more complicated,
adding that many more vehicles to the intersection of Veterans and
Livingston and further complicating any kind of first responders in
September 24, 2019
Page 99
those communities.
I understand all the arguments in favor of higher density
housing. This is the wrong location from a public-safety perspective,
and I urge Stock to look at other alternatives. Thank you.
MR. MILLER: Your next speaker is Katy Wrede. She has been
ceded additional time from LaFonda Miller.
(Raises hand.)
MR. MILLER: And James Miller.
(Raises hand.)
MR. MILLER: And Arnold --
MR. SASLAVSKY: Saslavsky.
MR. MILLER: Thank you, sir -- for a total of 12 minutes, and
she will be followed by Zannos Grekos.
CHAIRMAN McDANIEL: I'm assuming Mr. Saslavsky's here,
because he couldn't get his -- I didn't see a hand go up. He's the only
one that could say his own name, so outstanding.
MS. WREDE: Good afternoon. My name is Katy Wrede. I'm
borrowing glasses because I went out without my own. So thank you
for the time and thank you for your time and your consideration
today.
I live in The Strand, and I stand here before you not as one
concerned citizen but as a representative of over 2,000 neighbors who
live in my community, many of whom you have received letters and
emails voicing their opposition.
Frankly, I don't understand why we're back here again before
you when your Planning Commission, which consists of appointees,
your appointees had the good sense to see through this thin veil of
pretense Stock is presenting and voted against it, as should have
happened the first time around.
I'm not sure what is at play here; however, I'd like it noted that
zoning laws according to the Growth Management Plan Collier
September 24, 2019
Page 100
County has in place can only be disregarded if there is public benefit.
I don't for a minute think any of you or any of us believe that Allura
is for public benefit.
We already know it is not affordable housing, which is sorely
needed, but rather luxury apartments. Their generous concession of
28 out of 305, really? For 30 days?
Even Arthrex and NCH employees, both of have made pleas to
you and are playing on you, if their potential employees did their
homework and were wise and intelligent, which I'm sure they would
be, believed they would realize that if they could afford these rents,
they can find rents from 14 other places in the area at mo re square
footage for less of a price.
There are numerous, as Elena Mola pointed out one-, two-, and
three-bedroom places at greater square footage for better prices
available. And if they could afford that rent rate, they would also
find home sales available in the area and will be more likely to buy a
home where they wouldn't have to pull out onto Livingston and face
that traffic as well as Immokalee's to get to work at either of those
places.
The NCH CFO said Save a Heart, Save a Brain minutes from
the hospital, even though it's just miles, it takes 20 minutes on a good
day with no traffic to get to the NCH on Immokalee. I live there. I
use this.
If you as public servants truly care about Collier County, whose
homeowners provide 75 percent of the revenues that run this county,
you would not be influenced by this "build it and they will come"
argument, which is so far out of compatibility with the surrounding
neighborhoods. No need has been proven since there's currently no
apartments in the area that are full with a waiting list. They all are at
80 percent capacity with more coming online and more available.
If we hope to attract new businesses to the county and the
September 24, 2019
Page 101
employees that need the housing, then we must first build in a
thoughtful manner that accommodate these employees in every sense.
No potential employee would desire to sit in traffic on I-75,
Immokalee, Bonita Beach Road, or Livingston. All you have to do,
as was just alluded to, is watch WINK News in the morning, as I do,
to see that they divert traffic from I-75 every time there's an accident,
which is almost every day.
Let me elucidate about the traffic analysis and trip generation
that the county uses, which obviously is flawed and needs to be
updated and does not paint the reality that is not just during rush hour
in season. Over 7,000 residents, all with more than one car, already
use this very small quadrant of I-75/Immokalee/Bonita Beach Road.
If you expand that area to Vanderbilt Beach Road, which has more
than new seven (sic) developments that have been built in the last six
years, right now we cannot get out on Veterans or Immokalee before
we add another 600 cars from Allura.
Let me elucidate that little stretch of Veterans road -- it's been
called a highway and many other things this morning. It is a half
mile or less from the stoplight at Livingston and Veterans to the
dead-end at the east. On that little half-mile of two-lane road, one
going each way, there are three neighborhoods: The back gate of
Talis Park, the back gate of Strand, and the gate of Barrington Cove.
We would now be adding the main entrance and egress for Allura on
that same little half-mile two-lane road that right now, when the
construction traffic comes in, is a dead stop. People pass each other
and almost kill each other head on.
We were walking the other day. In just 20 minutes walking
down that little stretch of Veterans, that little half mile, a sheriff
stopped three people for speeding where, when landscapers from
Talis Park are trimming the trees, they put up cones, it is a one-lane
road with two-lane traffic. It is a nightmare.
September 24, 2019
Page 102
All of this traffic is before we talk about Oakes Farm coming on
next November, the high school in 2023, not to mention all the other
new neighborhoods that are coming.
The last week of July I was driving down Bonita Beach Road in
a flash rainstorm. Bonita Beach Road was flooded, and cars were
hydroplaning, so no one could move east or west. Likewise, nobody
could move north or south on Livingston, where I wanted t o turn
right, and traffic was blocked up all the way to Veterans, and this was
not during season. This was the last week of July.
How is waiting until we trip a failure good planning? All we
need is more cars, more cement, and nowhere for water to go. How
is that being a good steward of our community? We lose yet more
wetland area with this development.
We all know that Collier County, despite collecting the
mitigation fees that Stock is only too happy to pay to get what they
want, is not able to use that money to keep up with the multitude of
problems continued overdevelopment are only exacerbating.
So who stands to win and who stands to lose? Your code of
ethics states something like, quote, it is the public policy of Collier
County that public servants work for the benefit of the citizens of
Collier County. It is the responsibility of each public servant to act in
a manner that contributes to ensuring the public's trust in its
government. In particular, to always be honest with the public they
serve and to be good stewards of the tax dollars entrusted to them.
The traffic is at capacity, the schools are at capacity. The roads
at capacity. The Fire Department is there blocking the road with the
yellow light. People drop off their kids and make U-turns before and
after school. The sewage is at capacity. Let's not forgot that during
Irma the county was unable to pump our sewage lift stations. Bonita
Beach Road was flooded for a month, and that's before we added this
new development.
September 24, 2019
Page 103
This, we fear, appears to be more a matter of somebody being
self-serving in bed with Stock and doing their bidding.
So my question is, who is running Collier County, the
Commissioners or the developers? Because every time
Mr. Yovanovich gets up and asks for rezoning, he seems to get it.
Stock comes in, buys up valuable land, and then wants it rezoned so
they can overdevelop for one benefit only, theirs, their greed, not the
public's benefit.
They knew how this land was zoned when they bought it. Are
we to believe that Collier County politics are so corrupt that the rich
and powerful developers act as nothing more than lobbyists who
promise something as long as you give them what they want, while
we, the not-so-powerful taxpayers, citizens, suffer the burden of such
unethical decisions?
Allowing Stock to build at a density higher than is compatible or
necessary is unacceptable and, in my opinion, unethical.
Approval of this project does not comply with zoning laws, does not
comply with the Collier County Growth Management Plan. We
petition you to ensure that the development projects are approved
only if they comply with growth and management planning zoning.
Continued approval of such spot zoning by you has got to stop;
otherwise, what other options do you leave residents other than to
control government management and zoning laws in our own
community? Incorporation and self-rule? All the red you see here
today is for stop. Stop this today.
Thank you.
MR. MILLER: Your next speaker is Zannos Grekos. He will
be followed by Edwin Gorelick.
MR. GREKOS: Good afternoon. And whoever pronounces my
name, I love it. You do a great job.
MR. MILLER: Thank you.
September 24, 2019
Page 104
MR. GREKOS: Thank you. There you go.
Zannos Grekos. I'm a resident of Barrington Cove. I've been present
at the commissioner meetings and the planning meetings, and I have
a piece to say. So thank you for entertaining me, and thank you for
your patience today.
As you know, the Planning Commission rejected the GMPA.
One of the commissioners changed their vote. Staff alluded there
might have been another commissioner would have changed his vote.
All three commissioners, including the Chairman, had issues with
compatibility and density based on this project.
I wanted to encourage Commissioner Saunders to ask his
question again as to what -- what density entitlement the 20
additional acres would have if it gets rezoned. And from my
understanding, it would be four. The additional three would be
discretionary. And that was very professionally put forth by
Commissioner Strain at the planning meeting when Mr. Yovanovich
alluded that it might be a gimme to get the additional three units.
And a lot of that had to do with the fact that the commercial piece on
the corner is a C1, which is a professional building, so putting in
pedestrian traffic and vehicular connections to Allura really wouldn't
amount to much of a savings as far as traffic on the road as well as
there not really being a CAT line to put a bus station there, so I think
that that was important.
The high school that's going in, most -- the average parking
spaces for the high schools in Collier County is over 400 parking
spots. That's seniors and staff. There's students that park on the grass
and on sidewalks and additional green areas because there isn't
enough parking spaces, and that doesn't include the parents that pick
up and drop off.
There's a 400-unit apartment building that's being built currently
on Bonita Beach Road. We realize it's outside of Collier County, but
September 24, 2019
Page 105
those are people that are going to be using Livingston and 75 to get
into Collier County and to leave.
Immokalee Road is less than 200 vehicles before it reaches
capacity between Airport and Livingston, and that's going -- that's
already happened if you look at the numbers based on where this was
taken about a year ago.
I'm a retired cardiologist. I worked at NCH. Code Save a Heart
is not at the north campus. Code Save a Heart is downtown, so
building any additional apartments in that area really doesn't make
much of a difference, number one. Number two, staff for Code Save
a Heart is there during the day. So being within a certain amount --
period of time from the hospital is really after hours and on
weekends. So traffic and distance really doesn't play that mu ch of a
part to it.
The fire station, we all know that it gets blocked, and the worry
is not only how are these first responders going to get out but also
how are they going to get in -- how are they going to get into these
developments on Livingston when traffic is blocked all the way up to
Bonita Beach Road? They'll have to head north against traffic on the
opposing lane, and that puts a lot of lives in jeopardy.
CHAIRMAN McDANIEL: Thank you.
MR. GREKOS: Thank you very much for your time.
MR. MILLER: Your next speaker is Edwin Gorelick. He'll be
followed by David Depew. Mr. Gorelick?
(No response.)
MR. MILLER: Mr. DePew. Mr. DePew will be followed by
Alex Markley.
DR. DEPEW: Good afternoon, Commissioners. David DePew.
CHAIRMAN McDANIEL: One second, Mr. Depew.
Is Alex here? Come to that podium, please. All right, sir.
DR. DEPEW: As Mr. Pritt indicated, I have been retained as a
September 24, 2019
Page 106
planning expert by the Mediterra Community Association, and I'm
here in that guise today before you. I have reviewed and analyzed --
CHAIRMAN McDANIEL: One second, Mr. Depew.
Mr. Saunders has a question.
COMMISSIONER SAUNDERS: Just a procedural question.
Does Mr. Pritt want us to recognize him as an expert --
MR. PRITT: Yes.
COMMISSIONER SAUNDERS: -- and if so, you need to make
that -- I would assume you'd make that request.
MR. PRITT: Yes, I did.
MR. MILLER: On mic, sir.
MR. PRITT: In my talk I introduced him, and we would like to
have him as a planning expert, yes, sir.
CHAIRMAN McDANIEL: He did say that.
COMMISSIONER SAUNDERS: I know he said that, but he
didn't ask us to recognize him as an expert, and I think -- I'm willing
to do that based on his prior testimony.
MR. PRITT: Yes. Thank you.
DR. DEPEW: I've reviewed the proposed Growth Management
Plan amendment, and I have concluded that even with the additional
material submitted by the applicant, that it is not consistent with --
the adoption of the amendment would not be consistent with the
requirements of the Florida Statutes as applied to the amendment of
Comprehensive Plans.
Specifically, it fails to be relevant, and based on relevant and
appropriate data and analysis, it fails to react to the existing data and
analysis in an appropriate fashion, it's not based upon the
demographic foundations of the Collier County plan, it will create
internal inconsistencies within the plan, it fails to coordinate with
other governmental agency plans in the area, it fails to adequately
describe and characterize the existing land uses in the area, it fails to
September 24, 2019
Page 107
support a range of housing choices, and it fails to support the
provision of housing for all current and anticipated future residents
within the jurisdiction.
The amendment requested is unnecessary. It fails to
demonstrate any kind of real deficiency which it is intended to
address. Subject property has an economically viable and reasonable
use. The applicant can achieve a reasonable density through the
utilization of the existing provisions of the Growth Management
Plan. Compatibility and complementary features associated with
adjoining and proximate development will not be achieved based
upon the current development plans.
Based upon the surrounding land uses, the requested density of
eight-and-a-half units per acre is roughly a density increase of 2.3 --
2.13 times up to 13.36 times the existing densities that are in the area
approved for development.
As of September 2017, the Community Housing Plan estimates
that the housing demand for extremely low, very low, and
low-income housing, would be approximately 1,618 dwelling units
per year. The applicants have not provided any basis for a waiver or
elimination of the existing policies that would provide for bonus
density when providing for this type of housing. It is this failure that
creates the basis for the conclusion that the request is not supported
by the data and analysis in the plan and that it is internally
inconsistent with the adopted policies of the Collier County Growth
Management Plan.
The elimination of the requirement for extremely low, very low,
and low-income housing which is part of this request, is simply
unsupported by the evidence that has been provided.
On behalf of my clients, I would respectfully request the County
Commission decline the application of the proposed amendment
based on its lack of necessity to do this and the lack of data and
September 24, 2019
Page 108
analysis. If the Commission decides, for whatever reason, that they
would consider adoption, I would request that it be an upper
limitation of not more than four units per acre with a zoned height not
to exceed 35 feet and an actual height not to exceed 45 feet in order
that the resulting development is complementary and compatible with
the surrounding neighborhoods. Thank you all.
CHAIRMAN McDANIEL: Questions?
(No response.)
MR. MILLER: Mr. Chairman, your final registered speaker for
this item is Alex Markley.
MR. MARKLEY: Alex Markley, and I have lived at The Strand
for about nine years, and I'm going to make this very short, less than
a minute.
I was overwhelmed with all the testimony today against this
project. I hope you were because I'm telling you, sitting down with
people at lunch today, we're very discouraged. Do the right thing.
Support us. Thank you.
MR. MILLER: That was your final speaker, Mr. Chairman.
CHAIRMAN McDANIEL: Thank you.
MR. YOVANOVICH: Is it appropriate for rebuttal from us at
this point? Mr. Chairman? I believe it is. I just want to make sure.
CHAIRMAN McDANIEL: Well, really, personally, I mean,
there's no -- there's no need for rebuttal for public speakers. I mean,
the expert witnesses, if there's something that was substantively said
by the expert witnesses, then yes, but --
MR. KLATZKOW: He's entitled to a rebuttal if he wishes.
MR. YOVANOVICH: I just wanted to make sure this was the
time for me to stand up and say I'd like to have a rebuttal.
CHAIRMAN McDANIEL: Do you wish a rebuttal?
MR. YOVANOVICH: Yes, sir.
CHAIRMAN McDANIEL: Then go.
September 24, 2019
Page 109
MR. KLATZKOW: It may not be a great idea, but he's entitled
to it.
MR. YOVANOVICH: A couple of things, a couple of things.
I want -- Bob's going to get up and talk about some of the comparable
and compatible testimony, but I just want to talk a little bit about the
affordable housing testimony you've heard from the community
because it's not accurate that we're not providing affordable housing
through this essential service personnel commitment and the income
restriction.
This is your table. And if you can go in, Leo, you'll see that the
80 percent threshold is your low category for affordable housing, and
you'll see that your 100 percent threshold is your median income for
your affordable housing categories. So we are, in fact, providing
affordability through the commitment to income restrict 28 of the 55
units.
Also, we've agreed that, from an essential service personnel,
teachers, nurses, and the like, firefighters, all the people we want to
live in our communities, that we are going to market to them 55 of
the units. That's coincidentally every unit above the seven units per
acre that Mr. Weeks, your Growth Management Plan expert, has
testified is allowed to be requested under the Growth Management
Plan.
And he said that he believed that that was consistent with the
Growth Management Plan, and it would be hard pressed to be denied,
and staff would support it. Your staff is supporting that number at
304.
Mr. Depew just got up there and told you we didn't use the
affordable housing provisions in your code that would allow us to go
to 16 units per acre under your Growth Management Plan.
We went to a hybrid that is different, and you're allowed to ask for
Growth Management Plan amendments. There's no question.
September 24, 2019
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There was testimony like this commitment was only a 30-day
commitment. Well, that's not factually correct. And what I want to
do is I want to bring up Catherine Cardoza, who you've heard from
before. She works for Greystar. She is renting -- her company
represents the renting company at Inspira. Her company also is
involved in Addie's Corner, Addison Place on Immokalee Road, to
show you how the percentage of residents that actually meet the ESP
category that are moving into and living into these communities.
Because people are trying to argue that we're really not going to
have that level of housing available to ESP, essential service
personnel housing. So I'm going to bring Catherine up, or Cat, up
real quick to talk about that.
CHAIRMAN McDANIEL: Before you go away, Commissioner
Taylor has a question. And then -- is your question for him?
COMMISSIONER SOLIS: Yeah.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: Usually -- it's my understanding
there's a time frame. It's not first come, first served. That's what
you're proposing?
MR. YOVANOVICH: Correct.
COMMISSIONER TAYLOR: If people of essential service
don't show up, we're going to rent it to someone else. Usually there's
a time frame around it.
MR. YOVANOVICH: Well, that's -- actually --
COMMISSIONER TAYLOR: It has to be dedicated over
several years.
MR. YOVANOVICH: Well, actually, what we had proposed --
and Bob will bring up the language. We had proposed that the
commitment would remain in place for 15 years. Ave Maria, when it
had its affordable housing obligation, had the very same provision for
rental housing. If you couldn't find a qualified renter, o r in their case
September 24, 2019
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buyer, you could then go to a market -rate person. This is not
unprecedented to do that, but the commitment is there that as each
unit becomes available, again, it will be available to ESP first. No
different than what we did in Briarwood and what we've done in
other communities where we have done set-asides for essential
service personnel.
And I know you've been involved in a few of those. I know
Commissioner Fiala and I think Mr. McDaniel and Mr. Saunders and
Mr. Solis have been involved and know the projects where we've set
aside essential service personnel first come, first served.
But really I want to -- I just want to show you that people are, in
fact, moving into Inspira and into Addison Place who are essential
service personnel. So this isn't a fictitious commitment that is not
going to be utilized.
CHAIRMAN McDANIEL: Does that suffice for your answer
from him?
COMMISSIONER TAYLOR: No.
CHAIRMAN McDANIEL: Can I go to --
MR. YOVANOVICH: I'm sorry.
CHAIRMAN McDANIEL: One second, Ms. Candace (sic).
MR. YOVANOVICH: My bad.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: I want to make sure it's clear in the
record what the commitment is time-wise. You just clarified that it's
a 15-year commitment --
MR. YOVANOVICH: Correct.
COMMISSIONER SOLIS: -- to provide these 55 units; 28
would be income restricted. The other ones wouldn't be income
restricted. But there's references to 60 days and 45 days --
MR. YOVANOVICH: The 60 days is the initial marketing
period when -- you know, as we're leasing up, what Inspira's going
September 24, 2019
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through right now.
During that 60-day period, we would target and market essential
service personnel for those 55 units, and the subset of that would be
the 28 units income restricted.
As each unit becomes available, a tenant moves out, that's where
the 30-day period would go in to target and market --
COMMISSIONER SOLIS: Is it thirty or 45?
MR. YOVANOVICH: Oh, is it forty-five.
MR. MULHERE: It's on the screen. Forty-five.
MR. YOVANOVICH: I guess he corrected my --
MR. KLATZKOW: Is this the entire Commitment?
MR. MULHERE: No. They were discussing time frame. I
have the entire time --
MR. YOVANOVICH: Yes. We're going to put it all over there.
Put the whole --
MR. MULHERE: I can't. It's on different pages.
COMMISSIONER SOLIS: Okay. Well, this was my question
was --
MR. YOVANOVICH: This is -- yes, Commissioner Solis,
you're correct, it's 45 days.
MR. MULHERE: There's the entire commitment A.
MR. YOVANOVICH: And then we'll add into the record the
definition we talked about earlier from Mr. Giblin.
CHAIRMAN McDANIEL: ESP?
MR. YOVANOVICH: Essential services personnel definition
that we talked to earlier. So hopefully this clarifies the commitment,
the 55 units, the income thresholds, and the period of time for
lease-up and re-leasing of.
MR. KLATZKOW: But there's no commitment for reduced
rent.
MR. YOVANOVICH: Yeah, there is. Right there it says 28 of
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those units will be --
(Simultaneous crosstalk.)
MR. YOVANOVICH: -- income restricted to the households
earning 80 to 100.
MR. KLATZKOW: The language doesn't say what the rent's
going to be charged.
MR. YOVANOVICH: We can add language that says
"consistent with the county's" -- because you have a table that tells us
what we can rent for. And it fluctuates yearly depending on what
your median income is. There's not a flat number that stays in place.
MR. KLATZKOW: I understand what you're saying. I'm not --
this language doesn't do what you're saying is a ll I'm saying, all
right? And during the break I had asked that this language be put in
so that --
MR. YOVANOVICH: We will. And we're happy to add, based
upon your rental rate table, that the -- that Collier County adopts
annually.
MR. KLATZKOW: Well, if -- Heidi, if you can get with staff
so we can get the language the Board's actually going to be voting on
before they take the vote.
MR. YOVANOVICH: Okay.
COMMISSIONER SOLIS: But the intent is to comply with
whatever that rent is that's in the table that we saw before, right?
MR. YOVANOVICH: This is the table right here.
COMMISSIONER SOLIS: Right.
COMMISSIONER TAYLOR: But it's my understanding that
we don't recognize -- it's only owner-occupied that we recognize at
80 percent.
MR. YOVANOVICH: No. Eighty and below you recognize
rental.
COMMISSIONER TAYLOR: Eighty and below, yes. But 80
September 24, 2019
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and above owner-occupied, which means this 80 to 100 percent
doesn't apply to our rental program. But Corbin --
MR. YOVANOVICH: That's exactly why we're doing the
hybrid approach.
COMMISSIONER TAYLOR: But this is Rich Yovanovich's
affordable housing. I'd like to hear from Collier County's expert to
find out what -- standards you need to meet before we agree to
increased density. The only carrot, the only tool we have in our box
right now in Collier County to insist that we have affordable housing
in developments is if you want additional density, you have to do A,
B, and C. That's what we need. We don't need your hybrid. We
need what we ask for. Other than that, we don't have an affordable
housing program.
MR. YOVANOVICH: Well, with all due respect, your
affordable housing program has not been working. So the private
sector is attempting to work with you to provide reasonably priced
affordable housing to assist with an issue which is essential service
personnel. That's why we do Growth Management Plan
amendments.
If we wanted to live within just the existing Growth
Management Plan, we could come in and ask for up to 16 units per
acre, and we could figure out what's the appropriate percentage of the
project to try to get there. I don't think the community wants us to go
to 16 units per acre. But we're trying to come up with a program that
will work. And I don't think that -- I don't think you were done.
COMMISSIONER SOLIS: Yeah, I wasn't quite finished yet.
CHAIRMAN McDANIEL: Are you -- Commissioner Solis was
not done yet --
COMMISSIONER TAYLOR: Excuse me.
CHAIRMAN McDANIEL: -- before you jumped, so...
COMMISSIONER SOLIS: Okay. So I want to mak e sure that I
September 24, 2019
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understand -- that our County Attorney understands what it is that
we're going to -- what your client's willing to do in terms of fixing the
rents and how that's going to be calculated so that we know exactly
what we're considering.
MR. YOVANOVICH: What we envision is the table that you
have in front of you right now that talks about what the income
thresholds are, and if you go to the far right, you'll see it has the rent
limitations based upon those income thresholds for efficiencies,
which we're not asking for, but for one-, two-, and three-bedroom
units, it tells you what we can rent those for. So we would
incorporate this table and any future tables as you modify them into
the ordinance. That's what we intend to do, and we'll work out that
language with the County Attorney prior to your vote.
COMMISSIONER SOLIS: Okay. That -- those numbers in the
far-right table are the rents -- the rental limits by number of
bedrooms --
MR. YOVANOVICH: Correct.
COMMISSIONER SOLIS: -- based upon the 80 and the
100 percent of the median income.
MR. YOVANOVICH: Correct.
COMMISSIONER SOLIS: That's what the rents would be.
MR. YOVANOVICH: Yes. This is your table.
COMMISSIONER SOLIS: I mean, that seems pretty clear to
me.
MR. KLATZKOW: Well, yeah. But if somebody is at
93 percent are we -- is it going to be pro rata? I mean, what's --
I love doing things on the fly.
So if something's going to be -- if they come in here and they're
93 percent --
COMMISSIONER SOLIS: They're not eligible.
MR. KLATZKOW: Well, they're between 80 and 100, right?
September 24, 2019
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COMMISSIONER SOLIS: Oh.
MR. KLATZKOW: So their actual income that was 93, what
number are we going to use?
MR. YOVANOVICH: You know what --
MR. KLATZKOW: I just --
MR. YOVANOVICH: -- we'll do whatever Cormac normally
does. If he prorates the rent because someone's at 93 percent, we'll
prorate the rent at 93 percent. This is not -- this isn't (sic) something
that you're already doing.
COMMISSIONER SOLIS: Right.
MR. YOVANOVICH: If we can prorate, we'll prorate. We'll
follow whoever the rules are.
COMMISSIONER SOLIS: What is it that we normally do with
these?
MR. KLATZKOW: We don't. I don't think we've ever had a
blended project like this.
MR. YOVANOVICH: You have affordable housing projects
out there right now that have to meet this table.
(Simultaneous crosstalk.)
COMMISSIONER SOLIS: If this is the table that we use --
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SOLIS: -- there's always going to be a
situation where it's not exactly 80 or 100. How do we deal with it?
MR. YOVANOVICH: Yeah. My assumption is if -- I don't
know. Ask Cormac. But I'm assuming that, you know, you come in
and prove you make less than 100 percent, and then the rent is
whatever the rent is.
COMMISSIONER SOLIS: So --
COMMISSIONER TAYLOR: We don't do it with rentals.
MR. YOVANOVICH: You don't what?
COMMISSIONER TAYLOR: We don't do it with rental. It's
September 24, 2019
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80 percent or below --
MR. YOVANOVICH: All right. So if someone came in at 79
percent, you would do the same thing; you would figure it out.
MR. KLATZKOW: Look, we can get there. We just --
COMMISSIONER SOLIS: But we have a table that relates to
rents, so how are we not doing this for rents?
COMMISSIONER TAYLOR: I think we need to hear from
Mr. Giblin.
CHAIRMAN McDANIEL: Or Leo, one.
MR. OCHS: Yeah, at the appropriate time, I'd like to ask
Mr. Giblin, our housing manager, to add a little bit of clarity to this
whenever the Board's ready.
CHAIRMAN McDANIEL: Okay. Well, I think the Board's
ready.
Commissioner Saunders, do you have a different suggestion?
COMMISSIONER SAUNDERS: Well, I have a question for --
CHAIRMAN McDANIEL: Well, actually, let me go --
Commissioner Taylor is ahead of you. I'm trying to keep some
semblance here. Commissioner Taylor, your light is up.
COMMISSIONER TAYLOR: The -- what I understand from
our housing plan is that we do not grant increased densities for rentals
at 80 percent or above. We wouldn't be here if the developer wasn't
asking for increased density.
CHAIRMAN McDANIEL: Okay. Commissioner Saunders?
COMMISSIONER SAUNDERS: This may be a stupid question
for Mr. Yovanovich, but you've got the 28 units. They'll be held
out for essential personnel for 30 days. Let me give you kind of a
scenario. You've got 28 units, let's say 25 of them are immediately
rented out to essential personnel and three of them are not, so they go
into the fair market.
MR. YOVANOVICH: Right.
September 24, 2019
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COMMISSIONER SAUNDERS: After that happens, some
other unit in the building becomes available.
MR. YOVANOVICH: Has to be marketed first to essential
service personnel. We have to try to get to that 28.
COMMISSIONER SAUNDERS: So that would be for another
30 days and then --
MR. YOVANOVICH: Correct. Forty -five -- it's 45 days. I got
corrected.
CHAIRMAN McDANIEL: Correct.
Cormac, come on, please.
MR. GIBLIN: Yes, sir.
CHAIRMAN McDANIEL: We have questions. Commissioner
Solis and I have questions with regard to how we manage the pro rata
rental when someone doesn't hit the specific percentag e.
MR. GIBLIN: Sure. For the record, Cormac Giblin. I'm your
Housing and Grant Operations Manager.
The chart that you have on the screen is from last year, first of
all. I want to make that clear. This is the 2018 chart. It lists all of
the income limits by percentage of median income in the various
income categories which go from extremely low up to gap based on
what percentage of household income you are at. It listed the
maximum household income limits for -- if you have a three-person
household, then you need to be at the moderate income, that -- all
three of you added together need to make less than $81,000 a year.
That's how the chart works on that side.
And then the corresponding maximum rent that's allowed to be
charged is based on bedroom size, again, per the corresponding
income limit that you're required to hit.
The commitment that I understand is that there will be 55 units
offered to essential services personnel that meet under that definition
of occupations; 28 of those units -- was it 28? Twenty -eight will be
September 24, 2019
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further restricted that they have to be in the occupational categories,
and they will also be limited to between 80 and 100 percent of
median income.
In all reality, that means that they will be at the 100 percent level
line. There's no -- there was -- there's not some percentage at 80 and
some percentage at 100. It's between 80 and 100, and if you're above
80, you fall to the 100 percent line; 81 percent would qualify at the
100 percent line, as would 99 percent.
So they would be restricted based on family size --
COMMISSIONER SOLIS: Okay. So that answered the
question. So it's up to 80; it's what's shown on the 80 --
MR. GIBLIN: Correct.
COMMISSIONER SOLIS: And then anything over 80 falls --
because it's 80 and under, 100 and under?
MR. GIBLIN: Correct. These are maximums.
COMMISSIONER SOLIS: Okay; okay.
CHAIRMAN McDANIEL: And that's how we manage the
93 percent process. So they would be -- they would be qualified at
the 100 percent chart.
COMMISSIONER SOLIS: At the 100.
MR. GIBLIN: Correct.
COMMISSIONER SOLIS: That's what -- right.
CHAIRMAN McDANIEL: That answers it. So, Commissioner
Taylor.
COMMISSIONER TAYLOR: While you're up here, I might as
well ask you. What does our housing analysis -- I think we do
it, what, every quarter? What does it -- what kind of housing do we
need in affordable housing?
MR. GIBLIN: The Board approved a -- or the Board accepted
the Community Housing Plan in 2017, and part of that was an
affordable housing demand model, which we brought back to the
September 24, 2019
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Board in 2018 and approved the use of that model. That model looks
at what's available in the market in existing housing, it looks at the
gross need of housing that's demanded to be created as a result of
wanting to reduce the overall cost-burdened households in the county
by 1 percent per year, and it also assigns a need number to how many
new entrants are moving to the county every day or every year at
various income levels.
I think there's -- 20 people move to Collier County every day.
So there's a constant need for more housing units to be created.
Again, like I mentioned, we then look at the current supply of units
that are for sale or for rent in the market, and then we do an analysis
to see where's the deficit. And the deficit occurs mainly, I think it
was mentioned, at the lower income levels.
We then further do a quarterly apartment survey where we call,
physically call every apartment complex in Collier County. We ask
them how many units do you have available, and what are your rents.
From that we can determine how many are available at affordable
levels or how many are available at moderate levels or median levels
in the market on a quarterly basis.
The last analysis we did the last quarter said that we had 558
units available that were in this 80 to 120 range in the market. These
are open-market apartments that were available on the day we called
last quarter. There were only 25 available that were at the less than
80 percent level. So there's a huge disparity there where there are
very, very few apartments available in the market at the 80 percent or
less, and there are several hundred available in the 80 to 120 level.
We update that once a quarter, and it's on our website.
COMMISSIONER FIALA: I'll just ask you a question. When
you were talking about quarter, was that in the summer?
MR. GIBLIN: That survey was taken on April 29th, 2019.
COMMISSIONER TAYLOR: How did that change from last
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year? Has it changed?
MR. GIBLIN: It has tended to increase as more developments
have come online. They've been named today, Inspira, Milano
Lakes, some other developments, Addie's Place. So that has crept up
the number that are available, again, but at the higher incomes.
COMMISSIONER TAYLOR: At the 80.
MR. GIBLIN: At the lower income we haven't seen any
increase.
COMMISSIONER TAYLOR: And what occupations qualify
for the 80 and less? What -- name those occupations, please.
MR. GIBLIN: Let's see. It would be -- 80 percent level would
be teachers, firemen, construction workers. It would be a household
of three at an income of $55,000 or less per year. I think a starting
teacher makes about 42,000.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Very good.
COMMISSIONER TAYLOR: And am I accurate in saying that
according to our policy, we do not grant increased density for rentals
above 80 percent? Is that accurate, or am I misspeaking?
MR. GIBLIN: No, that's right. And if you were to get into the
official affordable housing density bonus program through t he LDC,
which this project is not seeking those, density through that vehicle,
you only can qualify for additional densities if you're doing units at
80 percent if they're rental. If you go above 80 percent, you can only
qualify if they're owner occupied.
COMMISSIONER FIALA: You said if they don't qualify, or
this project doesn't qualify. Is that what you said, too? I didn't hear
what you had --
MR. GIBLIN: As it's presented, if it's units that rent at
100 percent of median income, then they wouldn't qualify for density
through the affordable housing density bonus.
September 24, 2019
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CHAIRMAN McDANIEL: Density increase.
COMMISSIONER SOLIS: But if it's 80 and below, it would.
MR. GIBLIN: Correct.
COMMISSIONER SOLIS: And we do, do that?
MR. GIBLIN: Correct.
COMMISSIONER SOLIS: But for the 80 and below?
MR. GIBLIN: Correct.
MR. OCHS: You have to apply to the program.
MR. GIBLIN: And that would be -- it would need to be done
through a rezone process with advertising for the density --
COMMISSIONER TAYLOR: Oh, yeah. It could be done, but
that's not what they're asking for.
MR. GIBLIN: Correct.
COMMISSIONER TAYLOR: And I think I brought that up
because we're allowing -- or we're considering increasing the density,
and it's not for any kind of affordable housing because it's a rental -- a
rental, and it's 80 to 100 percent.
So if we're going to accept Rich Yovanovich's affordable
housing plan, let's be very frank about it, but that's not Collier
County's.
CHAIRMAN McDANIEL: Thank you.
COMMISSIONER SOLIS: But let me just -- we don't grant
bonuses -- or the program doesn't provide for granting density
bonuses for the under 100 to 80. It does for the under 80.
MR. GIBLIN: For rental.
COMMISSIONER SOLIS: Okay.
MR. OCHS: What's the affordability?
COMMISSIONER SOLIS: Would you make all of them -- all
28 of them under 80? I think that would answer the question.
MR. YOVANOVICH: The irony -- the irony is if I do 28 units
under 80, I meet your affordable housing program, and I don't need
September 24, 2019
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my Growth Management Plan amendment because --
COMMISSIONER SOLIS: There you go.
MR. YOVANOVICH: The bottom -- so we're happy to leave
our Growth Management Plan amendment in place, 304 units, 55
units marketed to essential service personnel, and the 28 would be 80
or less.
CHAIRMAN McDANIEL: Somebody write that down.
Commissioner Taylor.
MR. YOVANOVICH: Eighty or less. So we're going to call it
the Rich Yovanovich and Commissioner Taylor affordable housing
program.
COMMISSIONER TAYLOR: Oh, no. You have to hear what
I'm proposing. I'm proposing --
MR. YOVANOVICH: But I'm just saying, first of all, the
answer to your question is the 28, 80 or less and that, I think, takes
care of one of Cormac's concerns.
COMMISSIONER SOLIS: So, Cormac, then we would be -- it
would be complying with what we do allow for under the housing
plan?
MR. GIBLIN: It would be similar, yes.
MR. KLATZKOW: Yeah. But we're limiting this to essential
personnel 80 percent or less. But the housing plan is just 80 percent
or less. It doesn't matter what your work is.
MR. GIBLIN: I think we're heading in the right track. We
would also want to be careful on the time periods, the -- how long.
MR. OCHS: So is this limited by occupation type or just
income qualification?
COMMISSIONER SOLIS: It's the definition that the state was
using, right? Weren't we going to use the --
MR. YOVANOVICH: The irony is, the state -- if I follow the
state plan, I can go from 80 percent to 120 percent for essential
September 24, 2019
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service personnel. But, you know, we're even trying to get more --
we're trying -- we're trying to meet a need for essential services
personnel housing.
COMMISSIONER SOLIS: Okay.
MR. YOVANOVICH: That was our goal was to meet that need,
and that's why we did the restriction. If you want to open up who's
eligible, that's fine, but we thought we were doing a good thing by
targeting nurses and teachers and firefighters and police officers.
MR. KLATZKOW: But it's a $42,000 floor. You may not find
a lot of nurses and teachers making less than 42,000.
COMMISSIONER SOLIS: We may not.
MR. KLATZKOW: But if you're limiting it to essential services
and they're opening it up for 45 days and they don't find anybody
making less than that, you're never going to have it. That's all I'm
saying.
MR. OCHS: That's the difference between your certified
program where the affordability for the units is 15 years regardless of
the churn in the tenants.
COMMISSIONER SOLIS: Right. I get it.
MR. OCHS: Got it?
COMMISSIONER SOLIS: And so I think somebody from the
management company was going to speak. I'd be interested in
finding out how -- what the management company's doing at some of
the other facilities, how successful that's been in terms of renting to
essential personnel.
CHAIRMAN McDANIEL: And before you go, again,
Catherine, Commissioner Taylor's light was on, and I apparently shut
it off before I called to her.
COMMISSIONER TAYLOR: You did.
CHAIRMAN McDANIEL: But, of course, you jumped in one
other time, so we're even.
September 24, 2019
Page 125
COMMISSIONER TAYLOR: Mr. Yovanovich said this was
my plan and his plan, but my plan would be 45 -- up to 80 percent
median income, 45, and the rent would be 1,410 a month. It would
be for 15 years. That would give you 259 units at market, which is
greater than yours at 28, 27, 249. I'm talking abo ut up to 80 percent
median income, 45 of those, and then the market -- your market --
you'd be able to rent 259 at market rent.
MR. YOVANOVICH: Commissioners, that's worse than your
affordable housing density bonus program today.
So what we're proposing and we think is --
CHAIRMAN McDANIEL: Worse is subjective. It's more -- it's
more constrained.
MR. YOVANOVICH: Well, it depends from your perspective,
correct. But what we're proposing is 80 percent or less, which I think
the low category, 28 of those units would be restricted to people
making 80 percent or less of the median income, and I think
Mr. Giblin just told me that he thought that was a good proposal and
helps his need for that level of housing.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I think we're getting away
from the real issue here, and that is, are 8.5 units per acre compatible
in that community? And so I'd like to --
(Applause.)
CHAIRMAN McDANIEL: Ladies and gentlemen, please.
COMMISSIONER SAUNDERS: I'd like to have us kind of
focus on that. If we determine that that's compatible and
reasonable, that traffic there is not going to be greatly impaired and
that sort of thing, then I think -- then we can talk about the
breakdown of those units.
I will tell you I did have the misfortune of trying to go to Lee
County on Livingston Road at 4:30 on a Tuesday. It was in the
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summertime, about a month and a half ago. It was a bright, clear day.
No accidents. And that last two or three miles took me a half hour to
get from that part of Livingston Road to Bonita Beach Road. So
when folks say there's a traffic problem there, there's a traffic
problem there.
And so I think we need to talk about whether 8.5 units per acre
is compatible. If we make that determination, then I think we can
talk about how much of that's going to be affordable and at what
levels.
But I'm not so sure 8.5 units per acre is a rationale number for
that area.
MR. YOVANOVICH: And what I was hoping to do in my
rebuttal when we got waylaid was to also address the traffic issue and
the consistency with the county's traffic analysis. And I know
Trinity's here and can back this up. She has previously testified that
at eight-and-a-half units per acre, we are 100 percent consistent with
the county's transportation analysis and do not cause any
level-of-service failures on the county's transportation network.
She will also, I'm sure, tell you that the intersection of Veterans
Memorial and Livingston Road, when you improve it to the west for
the high school, and, ultimately, to Old 41, will also require
improvements on the east side, and we have an obligation as the
developer to do our fair share of any impacts we have to that
intersection as well.
So from a transportation standpoint, we're 100 percent consistent
with your evaluation criteria, and Mr. Depew even testified to that at
the Collier County Planning Commission hearing on this matter.
So I know you probably don't want to hear just from me, so if
Trinity -- if you want to call Trinity up to talk about the
transportation system, that would be --
CHAIRMAN McDANIEL: I have two more lights up here
September 24, 2019
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before you go. I'm sorry, Ms. Catherine. I keep calling on you, and I
keep stalling.
MS. CARDOZA: That's okay. No worries.
COMMISSIONER FIALA: Come up on, Trinity. Wait in line
here.
CHAIRMAN McDANIEL: Commissioner Solis, you had a
question?
COMMISSIONER SOLIS: While Trinity's coming up, I think,
just to -- because I think Commissioner Saunders, kind of reframing
the issue was a good thing to do.
I mean, the way I'm reframing it is, okay, there's -- seven units
an acre is -- I mean, I think we can say that that's -- that's there. The
additional one-and-a-half units per acre are the 55 units that we're
talking about in terms of trying to move the needle on affordable
housing.
I mean, this is -- I think what I'm looking at. And so I'd like to
hear from Trinity about the traffic and improvements to both sides of
Veterans. I mean, my office is in The Strand, so I come in and out of
The Strand every day as well.
I know -- I understand the traffic, and I routinely at the end of
the day take a right onto Livingston to see what the traffic is like. So
I understand what the traffic is.
And I'd like to hear what the future holds in terms of
improvements to Veterans and Livingston. Thank you.
MS. SCOTT: Certainly. For the record, Trinity Scott,
Transportation Planning Manager.
Currently, Livingston Road north of Immokalee Road is
operating at a Level of Service B, that is in the p.m. peak hour/peak
direction. Remember, we do not analyze our level of service based
on peak season. That is based on factors of looking at approximately
10 months of the traffic and coming up with what that p.m. peak
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hour, peak direction, which in this case is northbound, is. So our
level of service right now is a B.
We have another parallel roadway, the testimony is correct, that
if there's an incident on I-75, north/south roadways, U.S. 41 and
Livingston right now are the only two opportunities to be able to have
a diversion off of the interstate. We do have Logan Boulevard that's
anticipated to open fairly soon, hopefully by the end of the year or
shortly thereafter, which while only a two-lane roadway, is another
connection point between Immokalee Road and Bonita Beach Road,
so folks to be able to divert off of the interstate, whether that be
Bonita Beach Road or Immokalee Road.
With regard to Veterans Memorial, in your current Annual
Update and Inventory Report we have construction programmed in
Fiscal Year '22; however, in the AUIR that you're going to be seeing
in December, we've been working very closely with the school. They
need to have that roadway in place by August of '23. So we have
accelerated that roadway to where it's now due to begin construction
in Fiscal Year '21.
We're looking at the project as a two-phase, if you will. From a
permitting standpoint, we are able with the -- to do a permit
modification with the existing permit that is for the existing little
portion of the road there, to be able to get to the school, which will
allow us to get that under construction quicker and allow for the
school to be able to utilize it for their construction traffic.
Meanwhile, we'll have a short lag while we finish permitting the
remainder of the project to Old 41 as well as do our coordination with
the railroad. We do need to work with them.
So our commitment to the Collier County Public Schools is that
we will have the roadway opened to the high school by August of '23,
and then we will, shortly thereafter, finish the remainder of the
roadway.
September 24, 2019
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We're looking at building a four-lane roadway, and as part of
our analysis, which right now we're just in the infancy of our design
phase, is we'll be looking at the traffic data from the high school as
well as taking this development's traffic data and making sure that
when we build those intersection improvements at Veterans
Memorial and Livingston that we're accommodating all of the
anticipated traffic.
So there may need to be additional turn lanes. They may need to
be lengthened, the existing turn lanes. And that this developer as
well as the school will be paying their proportionate share for those
improvements.
CHAIRMAN McDANIEL: Did you say when those
improvements are coming?
MS. SCOTT: They would be anticipated by June -- or before
August of '23 for the school to be open. And --
CHAIRMAN McDANIEL: That's for the intersection
improvements, not just the road?
MS. SCOTT: That's the intersection improvements and down to
the high school. As I said, onto Old 41 may lag a little bit just
because that permitting process is going to take us a little bit longer.
CHAIRMAN McDANIEL: I understand. I understand.
COMMISSIONER SOLIS: And how does that relate to the
completion of a new development on that stretch of the road? I
mean, concurrency and all that. I mean --
MS. SCOTT: From a concurrency standpoint, if this
development were approved for the PUD today and they came in
tomorrow for their Site Development Plan, there's sufficient capacity
on Livingston Road to be able to accommodate the traffic based on
our rules and regulations in place.
COMMISSIONER SOLIS: Okay.
MS. SCOTT: There is in excess of a thousand p.m. peak hour,
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peak direction trips left on Livingston Road.
COMMISSIONER SOLIS: So just to make sure I understand,
so the improvements to Veterans are anticipated to be finished by
August of 2023?
MS. SCOTT: Correct, for the intersection down to the high
school.
COMMISSIONER SOLIS: What -- if you have any idea -- I'm
looking at the applicant's length of construction. How long is this
going to take, or how long would it take?
MR. YOVANOVICH: If we -- for the record, Rich
Yovanovich.
The anticipated construction start will be summer of 2020,
correct? Okay. Beginning -- I'm sorry. Beginning of 2020 we would
start construction. It will take 18 months to build the project, okay,
and then another 18 months to lease it up. So by time -- it should
come together pretty nicely that when we're full, the intersection
would be up and operating according to Trinity's schedule to meet the
school -- the high school's anticipated need date.
CHAIRMAN McDANIEL: You okay?
COMMISSIONER SOLIS: I still want to hear from the
management company, and I keep getting in the way.
CHAIRMAN McDANIEL: Yeah. Well, Commissioner Taylor,
do you have a comment that you want to make?
COMMISSIONER TAYLOR: Yeah. I want to rewind to the
idea that we're somehow focusing this conversation on whether or not
it is compatible and this density is appropriate.
It's inexorably tied to what the petitioner brought forward, which
is affordable housing. So we had to have this conversation, because
it would be justified with affordable housing if it was real.
But the other issue is, you may say that Veterans Parkway is
going to be improved, but there's another problem with that, which
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my colleague to my left alluded to, which is traveling on Livingston
to the Bonita Beach Road. And the Bonita Beach Road, according to
the FDOT who tried to work with the City of Bonita over about a
two-year period, needs to be improved especially where it opens up
to 41. And they at this point have not -- have not come together to do
that. And so there will always be this traffic problem on Livingston.
Always.
Whatever happens going this way, Livingston to the north, the
impede is -- the road that impedes it is the Bonita Beach Road.
MR. YOVANOVICH: And I understand what you're saying,
but you're going -- you deal with Collier County roads, and that's the
only thing you have control over. And your expert has -- your own
Transportation Planning Department has said there is sufficient
capacity on Livingston Road to meet the Collier County
requirements. You have a new road opening up on Logan that's
going to take some of the trips off of Livingston Road that are
currently there as bypass roads.
But the reality is we are consistent with your Comprehensive
Plan and measurements for transportation. I don't know -- we do
know that Veterans Memorial is going to extend all the way to Old
41. That will help bypass some of the -- it will give other people an
opportunity to go north through another mechanism to go north and
avoid Livingston Road.
We're consistent with the rules, and we are providing affordable
housing. Eighty percent or less is a need that Cormac Giblin
just got up here and said you need, and we said we're willing to meet
that need. Eight-and-a-half units an acre near a residential
community is not incompatible. You have it throughout Collier
County.
And I've said it before, and I've said it again, in the Pine Ridge
community, which is RSF-1 zoning, immediately adjacent to the
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RSF-1 zoning is RMF-16 zoning; 75-foot tall building right next to a
35-foot-tall building zoning. That is compatible. Eighteen units an
acre next to one unit an acre is compatible.
Your staff has testified that our 125-foot setback for a
three-story building is compatible. Our density request is not
incompatible with having single-family homes around us.
You have a density bonus program that allows developers to
come to you up to 16 units per acre for affordable housing. You have
to decide. Do you really want the private sector to come in here and
meet your rental housing needs and, in particular, rental housing for
people making 80 percent or less of the median income -- you're
going to have to decide if you really mean it and you want to
encourage developers to do that. And if you want to do that, you're
going to have to give additional density to make it happen.
You have a developer who's willing to do that and meet your
80-percent-or-less threshold and be consistent with all your
transportation requirements in the code. It's awfully hard for us to go
back and try to find other developers who are going to want to come
in and do this if the first one out of the chute is going to always get
it's too dense, too much traffic, because I don't know where you're
going to put it in Collier County where you're not going to have a
neighborhood or a community that comes by and says, there's too
much traffic on the road, please don't approve this. It's incompatible
with our neighborhood when you've had several -- Briarwood's a
perfect example; 16 units an acre was approved adjacent to the
single-family and coach homes in Briarwood. That was compatible.
We're compatible. You have Bob Mulhere's professional
testimony to that. You have your planning staff testimony to that
effect.
And a couple of things I want to do housekeeping, and then
Bob's going to get up here. I want to make sure Bob's been qualified
September 24, 2019
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as an expert in planning, and I would like the Board to accept him as
an expert in planning. I need the Board to do that. Somehow we did
that for Mr. DePew. I want to make sure we do that for Bob.
CHAIRMAN McDANIEL: Do we have to make a motion to do
that?
MR. YOVANOVICH: We haven't historically done that, but I
just wanted to make sure I'm not somehow messing up by not
qualifying him as an expert.
CHAIRMAN McDANIEL: So moved. So done.
MR. YOVANOVICH: And, likewise, Mr. Treesh's report and
all of my expert reports, I request that those individuals who prepared
those reports be qualified as experts so we have the expert testimony.
COMMISSIONER SOLIS: We don't even do that in the
courtroom anymore. So I don't know what we're --
MR. YOVANOVICH: I don't know why we did it here. Just in
an abundance of caution, I just wanted to make sure I wasn't
somehow missing --
CHAIRMAN McDANIEL: Before we go on --
COMMISSIONER TAYLOR: I haven't been able to respond to
Mr. Yovanovich who's dominated the last five minutes of speaking.
What I'd like to say to you, sir, is what you aren't compatible with is
our Comprehensive Plan.
What you do not comply with -- that's why you're here. That's
why you've asked for amendments to what we have, or yo u wouldn't
even be here. That's why you're asking for changes to our zoning, or
you wouldn't be here. It you need four votes to do this, and that
speaks volumes of past commissions who put that in place, because
they realized the seriousness of this issue. And they said it's going
not just be a majority to do this; it's going to be a supermajority.
And I hope by the end of this day that we have another vote with
me that will come and say, this is too much in this place. It's just too
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much. It's a fine development, but this is the wrong place.
CHAIRMAN McDANIEL: Thank you. Now, did you still want
to hear from the rental management company?
COMMISSIONER SOLIS: Yes.
CHAIRMAN McDANIEL: Catherine, now I'm calling on you,
so we won't put you off.
MS. CARDOZA: Hello. My name's Catherine Cardoza. Thank
you all for having me here today.
I do believe that we will be very successful renting to these
essential service personnel only because the current data that I have
not only at Inspira, actual current data in place, as well as for
Addison Place right there on Collier and Immokalee. They're just
slightly behind Inspira in the lease-up process, but we're both
three-quarters of the way through it.
CHAIRMAN McDANIEL: Are you doing Addison Place as
well?
MS. CARDOZA: My management company does, so same --
CHAIRMAN McDANIEL: The company.
MS. CARDOZA: -- group, yep.
I'm very familiar with the property and the project, and we work
back and forth, have the same supervisors type of thing.
Currently, Inspira has 22 percent of our demographic currently in --
leaseholders in place are qualifying Collier County essential services
personnel.
CHAIRMAN McDANIEL: Twenty-two percent of how many?
MS. CARDOZA: Of the total that we have in place right now,
352.
CHAIRMAN McDANIEL: Thank you.
MS. CARDOZA: Uh-huh. So I have 352 that -- in our
occupant demographics, and approximately 76 of those are ESPs. So
that is at Inspira out in East Naples.
September 24, 2019
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Addison Place actually has a little bit higher percentage. They're at
23 currently.
CHAIRMAN McDANIEL: Total units?
MS. CARDOZA: Twenty-three percent of their demographic at
the Addison Place project is ESPs.
CHAIRMAN McDANIEL: Do you recall how many units are
at Addison?
MS. CARDOZA: Addison Place has slightly less. They have a
total unit count of 294.
CHAIRMAN McDANIEL: 300. So that's another 60 to 70,
thank you. When you say "percentage," it's just, when we say a
number, it allows for us to quantify it.
MS. CARDOZA: Certainly. So out of Addison Place
technically right now they have a total of 381, and out of that 23.16.
I got my calculation.
CHAIRMAN McDANIEL: And Addison is 951 and Immokalee
Road, the northwest corner?
MS. CARDOZA: Yes, Commissioner. It's a very similar
project; high end, quality. I know there was a lot of back and forth
regarding pricing and luxury. We, you know, keep very good close
track of all of our demographics statistics at all of our projects with
Greystar. It's kind of part of the process. We enter it all in as we go
from the time of application. We have to verify their income sources.
So I have, you know, average household income, average
individual income.
But a lot of these people that we're serving -- and these are a lot
people that I market to. Not only are they going to be on any
market-rate property. Luxury property, 100 percent. I'm still
catering to these essential service personnel.
I want the teachers. I want the police officers. I want the
doctors, the nurses, the teachers. These are the people I want in my
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community. These are the people that are out working, that are
contributing, that are, you know, part of the community at large, not
just our little tiny bubble that might be Inspira or Addison Place at
that time.
Our rates are supply and demand. So our ones right now -- I
mean, our one-bedrooms at Inspire are a little bit higher. In fact,
they're higher than the twos. But my market -rate units right now, my
one-bedrooms are between 1,600 and 1,825. My two-bedrooms are
1,584 is my best price on a two-bedroom to 2,264. Now, please keep
in mind, as I hear your gasps from the audience, that these are for the
shorter term premiums as well. So we do have a range. We do
charge a little bit higher of a rate for shorter term lease. So your best
price is going to be for your longer term; whereas, you're going to
have a little bit higher premium because, you know, we have to turn
the unit a little bit more often, so that's why we add that. And then
we have our threes at 1,896 to 2,699.
It's not about the square footage. It's about the lifestyle. Today's
renter doesn't care so much about the little -- the interior space. Yes,
they want it to be nice. They want to be high end. But they're
searching for more than that in an apartment community, and we
provide that -- that service, the lifestyle that Stock caters to.
These essential service personnel people, don't they deserve, too,
to live in luxury? I mean, they're serving us.
So who's coming to Naples from across the country? Certainly
retirees, but who else? We heard from a number of community
leaders throughout this process from NCH, the Naples Chamber,
Arthrex. We know this area's growing fast. Staff's saying that, you
know, 20 new people a day come to Collier County. That's awesome.
But nothing changes if nothing changes, and we have to cater to these
people who are going to be, you know, taking care of the children
and the young professionals who are being approved to this -- or who
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are moving to this area. They're to need childcare; who's going to
work it. The schools, health care, the first responders. I mean, with
the --
CHAIRMAN McDANIEL: Candace (sic)?
MS. CARDOZA: With the schooling that we have so close to
us --
CHAIRMAN McDANIEL: Catherine, forgive me. If you
would, please, just stay on track with the question in regards to
managing the --
MS. CARDOZA: Sure.
CHAIRMAN McDANIEL: -- the ESP rentals, the rentals to
essential services and how you're doing that in other -- in your other
projects.
MS. CARDOZA: So preferred employer right now is what
we're doing. I don't have any affordable housing projects that I'm
working with right now in Collier County, personally. I'm only one
person. But we give discounts from the app and admin process all
through the fees.
So let's say a teacher walks into Inspira today, and she wants to
rent an apartment, and she's moving in by the end of the month.
Well, she's going to get the greatest deal that I have for anybody
walking through the door, and she's also going to get half off of all of
fees, including pet fees, because she's -- you know, she's been vetted,
you know, through the essential service provider. That's their
employer, so...
CHAIRMAN McDANIEL: Now, when apartment -- I had a
question with regard to the availability of a total number of units that
are designated for these folks. How do you manage that when your
turnover, in fact, comes along?
MS. CARDOZA: So it's still going -- it's first come, first
served. I'm going to abide by federal Fair Housing Guidelines , and
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I'm not going to discriminate based on any of that, but I would
definitely, you know, abide by the guidelines set forth here if, you
know, it's voted into place to market that to those people.
Again, those are the ones that -- I already know they have
easy -to-process paystubs and backup income. They have a criminal
background check. You know, they're out there working. They're
going to be, you know, keeping house. They're going to be great
members of our communities.
CHAIRMAN McDANIEL: Now, when you say you market to
them, what do you do specifically to market to those professionals
that meet that definition of the essential service personnel?
MS. CARDOZA: For instance, we go outreach marketing on a
regular basis, a couple times a week. So my office team and I will
put together little baskets or different things. Like, for the nurses, a
lot of times they're running and they're doing, you know, crazy shifts,
and so we'll put together little baskets for them, you know, toiletries
and mints and hair ties and little, you know, locker kind of mirror
things, and we'll put in, you know, some Inspira swag and goodies
that they might like. So we'll order promotional materials that are
geared towards them, so we have a bit of a strategy going towards it.
For officers, for instance, right now I have courtesy officers in
place. So, basically, a courtesy officer for me is somebody who lives
on site. So, of course, they already are, you know, vested in their
local community, but they're living at one of our communities.
They're getting half off their rent, and they're doing things like light
inspections, running a -- you know, a vehicle tag for me, on hand
just -- it's just another way to build that network and build that
community, and certainly we do have, you know, parties and events
that gear towards all different types of -- you know, we will do a pet
event, and then Shadowlawn Elementary, for instance, is one of the
oldest, from what I understand, poverty level elementary schools in
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Collier County. We raised almost an entire classroom full of supplies
for them this year.
We donate to St. Jude, Camp Hope, the Pace Center for Girls,
and that's just things that we do on site that are completely separate
from our clients and developers and ownership groups.
So it's just something we're really vested in. The more you build that
network and community with people like the essential services, just --
it's all to the greater good.
And I know that I will be able to make a believer out of
Barrington Cove. I even have a higher level of vested interest
because I'm there. I live there. My kids live there.
CHAIRMAN McDANIEL: I was thinking you live there.
MS. CARDOZA: I do. And so I'm going to be there all the
time. You know, my kids are going to be going to school with the
same kids that are my residents' kids.
CHAIRMAN McDANIEL: I remember from the original
transmittal hearing.
Well, thank you very much.
Does anybody else have any questions of Catherine? I keep
calling you Candace. Forgive me.
MS. CARDOZA: That's okay.
CHAIRMAN McDANIEL: With that, very good. Thank you.
MS. CARDOZA: Thank you so much.
CHAIRMAN McDANIEL: Yes, ma'am.
Now, Mr. Mulhere.
MR. MULHERE: While Rich is talking over there, thank you.
For the record, again, Bob Mulhere.
I did want to speak to just a couple of issues that various
members of the Commission raised. And I'll just get to this. Give
me just one second.
So a couple of things. The terms "compatibility" and
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"complementary" have been raised. As a profe ssional planner with
over 30 years of experience working in Southwest Florida,
predominantly in Collier County but also in Lee County as well, I can
empirically make a statement to you based on my professional
opinion that multifamily and single-family are not incompatible with
each other. They are both residential uses.
Now, certain types of multifamily product might be less
compatible adjacent to a single-family product, such as a 20-story
building or maybe a 10-story building.
The building heights that we have here have been ameliorated or
mitigated by increasing setbacks and increasing landscape buffers.
That's how you address the relationship between single-family and
multifamily as well as height.
Mr. Depew stated, if you were inclined to approve this, the
height should be 35 feet zoned and 45 feet actual. Well, our zone --
our request is for 40 feet and 50 feet. That's a differential of five feet
between those two.
With a setback -- in your single-family zoning districts you
require -- the most setback you require is 30 feet. We have a
minimum of 80 from Livingston and a minimum of, as it has been
said here, 125-foot setback from the adjacent residential. That's how
you enhance landscape buffers as well. That is how you create a
favorable relationship between a multifamily product and a
single-family product. They are not incompatible at all under any
circumstance simply from a use perspective.
Again, the density is an issue, and you need to look at that and
you need to ameliorate it and mitigate for it, and that's what we've
done here.
Now, there are many examples in Collier County. Again, if you
look at this PowerPoint presentation, I didn't do this in my
presentation in chief, but I feel the need to address it at this point very
September 24, 2019
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briefly. Your code requires a Type B buffer between multifamily and
single-family. That's a 15-foot-wide buffer. It also requires a
varying setback, but for the most part, between single -family and
multifamily, the setback increases with building height. So it's a
minimum of 15 feet or it's half of the building height, whichever is
greater.
So in our case, if we followed your code, our setback from
single-family on a 50-foot building would be a 25-foot setback, but
we're providing a minimum of 125, five times the required setback,
and that's compatible. That's what your code allows.
There are many examples of multifamily immediately adjacent to
single-family throughout Collier County, and I'm unaware of any of
those circumstances where property values decreased.
This one is on the southwest corner of Livingston and
Immokalee. You have -- I'll be very quick because I know it's been a
long day already, and you have more to do. But you have
single-family immediately adjacent to multifamily. This one is in
Victoria Park south of Immokalee on Airport, same thing;
single-family immediately adjacent to multifamily. Those are two-
and three-story buildings.
You have numerous examples in Pelican Bay of low-rise
multifamily next to high-rise and even single-family next to high-rise,
and I know property values haven't gone down in Pelican Bay.
You have the same example in the City of Naples. You have the
same example in the City of Marco Island, many of which occurred
prior to incorporation of the City of Marco.
More examples: This one is a Talis Park. It's got multifamily
very close to single-family, which is right around the corner.
So, really, it is not a question of use being -- of one residential
use being incompatible with another residential use. It's how do you
design that and what do you do to minimize those impacts, and that's
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what we've done here.
Now, I also have been asked to put a few things on the visualizer
which, with any luck -- I've got to erase that.
MR. OCHS: Clear.
MR. MULHERE: In your executive summary, the staff
referenced five conditions that were part of the Planning Commission
motion which did not prevail. It went down on a 2-3. Those five
conditions we have agreed to. And I have -- I have added those to the
PUD, but I think they need a little bit of clarification, at least
certainly the essential housing one does in working with Heidi
Ashton or Jeff Klatzkow to finalize that language.
But I did just want to just show you a few other locations. It's
been requested that I do this. So --
CHAIRMAN McDANIEL: For information purposes, while
we're going here -- we're at time for a court reporter's break, but I
want to finish up this, get the questions answered of the Board, then
I'll close the public hearing, and then we'll tak e a break. So go ahead,
Bob.
MR. MULHERE: So -- hello. Testing.
Just on the landscape buffer, we've inserted the requirement to
have a Type B buffer, which I mentioned to you, within that Type D
buffer along Livingston. I did change the development standard to
require 80 feet.
And, as I said, we do have to work on the exact language a little
bit of the essential service requirement because we're going to
limit it now to 80 -- 80 percent. So we've got to, obviously, reflect
that.
There was a question raised about access from Livingston, and I
do believe in one of the PowerPoint -- and perhaps it's one of the
master plans in your packet shows an exit only onto Livingston. That
did not meet -- we asked for a deviation. That did not meet the
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separation requirements from the intersection, so we removed that
access. So I just want to make it clear on the record we are not
providing an access to Livingston, regardless of what, you know,
may have shown in some of the older master plan exhibits. We will
not be doing that. So I just wanted to give you some additional
testimony with respect to compatibility.
"Complementary," it's a very subjective term. You want to have
a mixture of types of residential. It's one of your objectives in your
Comprehensive Plan is to have a mixture of types of residential uses.
Can you make a multifamily product that's relatively low in height
complementary to single-family on a 35-acre parcel? Absolutely.
Thank you.
CHAIRMAN McDANIEL: Very good.
Do we have any other questions of the applicant at this stage?
(No response.)
CHAIRMAN McDANIEL: No. Okay. Then we're -- we'll
close the public hearing now, and we'll be back at 2:45. I'll give you
an extra minute, Terri. I'll give Terri an extra minute. It's for her.
(A recess was had from 2:34 p.m. to 2:45 p.m.)
CHAIRMAN McDANIEL: We're past the appointed hour. We
are shy a couple of commissioners, but I wanted to get everybody
leveled off. We don't know where Commissioner Fiala went.
MR. YOVANOVICH: She's right there.
CHAIRMAN McDANIEL: Oh, here she comes.
Okay. Now, we have basically gotten all of our questions
answered. I would like to open it up for discussion amongst the
Board now.
MR. YOVANOVICH: Actually, I had an opportunity to talk to
Mr. Giblin about the current --
CHAIRMAN McDANIEL: You did?
COMMISSIONER FIALA: Mr. who?
September 24, 2019
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MR. YOVANOVICH: -- Cormac Giblin about how your
current affordable housing density bonus program works, and I'm
sure he'll correct me if I get anything wrong.
We have a 304-unit apartment complex that's rental. Under your
affordable housing density bonus program, to get to that 304 units we
would have to have 10 percent of those 304 units, which would be
30.4. You round up to 31 of those units would have to be
income-restricted for income categories of 80 percent or less on the
income threshold. You would also have to not have the ability, if you
don't find a qualified renter, to rent it to anybody else. It has to stay
available until you find somebody, and it has to be a commitment for
30 years. That's your existing program that would get us to 304 units
under your Comprehensive Plan. We --
And did I say that right? I got the thumbs up.
We're willing to live with your existing program to get to 304
units, which is eight-and-a-half units per acre when you just recently
adopted a standard to incentivize affordable housing to allow people
to ask for up to 16 units per acre. We're at roughly half the density
incentive that you've created in your code, and we're meeting the
10 percent requirement. So that would be 31 units meeting the
income thresholds of 80 percent or less, that would always be
available to those income thresholds for 30 years.
CHAIRMAN McDANIEL: You'll hold it for 30 years?
MR. YOVANOVICH: Thirty years, which is your current
program, and we request that with those modifications, the
Commission approve our request.
And, with that, we're still available to answer any further
questions. I know we've been working -- Heidi and I have been
trying to craft that exact language, but that's -- that is the commitment
we would be making, and it's consistent with what your code
currently allows for. And I don't know a basis for which you would
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say to an affordable housing density bonus program, a developer
who's willing to meet your new code, why would you tell that
developer no?
CHAIRMAN McDANIEL: I got it. I just want to be clear. I
appreciate your clarifying the aspects of our affordable housing and
those programs. But before we went to break I clo sed the public
hearing process portion of this, so it's now up to the Board to
deliberate and make our decision. So, thank you, though, for that
clarification.
Commissioner Fiala.
COMMISSIONER FIALA: Yes. During the break I was
talking with the Clerk of Courts, Crystal Kinzel.
CHAIRMAN McDANIEL: Stay on the microphone.
COMMISSIONER FIALA: Okay. They can't hear it.
CHAIRMAN McDANIEL: No.
COMMISSIONER FIALA: Or you can't hear it.
CHAIRMAN McDANIEL: I can hear you fine, but my mother
can't hear you. She's getting after me.
COMMISSIONER FIALA: She listens.
So, Rich, we took Bob Mulhere aside, because Crystal brought
up an interesting question about the affordable portion of it. And she
said, if -- you know, right now it's -- they have a certain percentage of
the median income, but like Crystal pointed out, if it's essential
services, so say, for instance, you have a teacher and a policeman or
whatever you want to call it -- I'll say cop -- they make more than that
together. How can you rent to essential service personnel?
MR. YOVANOVICH: They would qualify for the regular units.
They would still -- we're still going to welcome those people to
come --
COMMISSIONER FIALA: But if they can't -- well, if they feel
they can't afford it, you know.
September 24, 2019
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MR. YOVANOVICH: And I understand that, and that's why we
had originally proposed being allowed to go up to the 100 percent
category. So by taking away the ability to go to the 100 percent
category, you've taken out some people who would otherwise qualify,
but you're adding other people who wouldn't have previous qualified
because you brought the income threshold down.
COMMISSIONER FIALA: Crystal, what did you think of that?
How would that -- did that answer --
THE CLERK: Well, that's your policy question, you know, for
you guys to decide. I was just pointing out the math in attempting to
reach the essential services people knowing the incomes that we
verified for some salary comparisons, they wouldn't probably qualify
for those rates. But it's a policy decision for the Board.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER FIALA: Okay. So that's something for us
to --
CHAIRMAN McDANIEL: Correct.
MR. OCHS: Commissioner, on that, if I might -- and I've got
Cormac here to verify, but I think he testified earlier that in that
income level there were over 500 market -rate units already in the
current market that that income bracket would qualify for to rent
when there are only about 20 in that 80 and below. So I think that's
what the applicant is now trying to attack.
CHAIRMAN McDANIEL: Or address.
COMMISSIONER SOLIS: Can I ask --
CHAIRMAN McDANIEL: Sure, please.
COMMISSIONER SOLIS: Twenty in that 80 or below? And
then --
MR. GIBLIN: Again, Cormac Giblin, for the record. The latest
survey said there were 25 units available countywide that were in the
80 and below level available and open, ready for rent. There were
September 24, 2019
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558 available, open and ready for rent in that next category, the 100
to -- I'm sorry -- the 80 to 120.
COMMISSIONER SOLIS: So what was just proposed would
double that number?
MR. GIBLIN: They would.
COMMISSIONER SOLIS: Yes.
CHAIRMAN McDANIEL: Basically triple it.
COMMISSIONER SOLIS: Triple, right.
CHAIRMAN McDANIEL: There's 20-some odd available, and
this would add another 50 (sic).
MR. YOVANOVICH: Thirty-one. Thirty-one for a total.
CHAIRMAN McDANIEL: Oh, that's right.
COMMISSIONER FIALA: I'd like to --
MR. YOVANOVICH: You've got to watch those numbers.
CHAIRMAN McDANIEL: We're just talking.
COMMISSIONER FIALA: Just talking right now? And a few
people have said something about the height of the building and so
forth. And how many of us have, you know, that in our
communities? Well, I just happen to live in a community that has
four-story condos at the entrance that are rented as well as owned,
some of them each category. Then we have townhouses. Then we
have single-family houses. We've got a whole plethora of them,
1,974 units in that -- in the building.
And I live in Lakewood. And we have all price ranges, and we
all get along. I've been there for 45 years, and we seem to get
along just fine. So I just wanted to mention that.
Also -- let's see. Oh, again with Lakewood; it's a major
cut-through. Everybody cuts through to divide -- or to go from Davis
Boulevard up to U.S. 41 and back. Yes, it's a major cut-through, but
we seem to get along just fine. It's only a two-lane road, and we don't
even have sidewalks along one side there. There's some problems
September 24, 2019
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there. But we don't ever have a problem. Okay.
CHAIRMAN McDANIEL: Any other comments?
COMMISSIONER SOLIS: Yes.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: This is one of these decisions that
we're asked to answer, and I think I said a lot of this at the first time
that this came before us on the transmittal hearing, but I'm going to
say it again, and that is, number one, the Della Rosa PUD exists
today. It is zoned and could be built today. In my opinion, that is the
worst-case scenario.
And I know that folks think that there's no way it can be done.
They won't do it. The developer's already closed on the property, so
there's plan -- they would have to, or sell it to somebody else that
would.
Obviously, because if it's denied, then they would be coming --
trying to come back here for a change of something that's already
been denied once.
You know, the difference in the setbacks from 20 feet to
125 feet with 27 feet of setback on the Barrington Cove side -- so it
goes from 47 feet to 152 feet. A four-story building 20 feet from a
property line that is a single-family neighborhood is, in my opinion, a
disaster. I mean, that is the worst-case scenario for a single-family
neighborhood.
This has been a long process. I think we've -- moving it as far
way as it possibly can. I think the developer has done what he can
do, and I appreciate that they've worked with the community on that.
Put the water retention, so there's a lake. Increased buffers.
You know, if this -- if this amendment isn't approved, then we're
going to have a PUD that's already set with four-story buildings
20 feet from the property line. Then we're going to have another
piece of property that's zoned ag that will be rezoned at some other
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time. So instead of having one development that you know --
because we do know. I think no one here is going to say that this
particular developer does bad work --
COMMISSIONER TAYLOR: Right.
COMMISSIONER SOLIS: -- and doesn't do a quality project
and doesn't manage them very, very well -- I don't think that's ever
been the issue. We will know with some certainty that this will be a
quality project as opposed to having another developer come in that
we don't know who they would be doing something completely
different than what is already zoned for the Della Rosa piece.
We start getting chopped-up development, smaller
developments, and it is my sincere feeling that that alternative for
Collier County is worse than working with a developer that we know
that does good projects. Commissioner Fiala was mentioning her
experience at Inspira.
The other thing I would say is that there is commercial on the
corner that's planned. And we have been up here for the three years
now that I've been on the Commission talking about the need to
provide for essential personnel. We've adopted a plan that says that.
We talk about it, we talk about it, and we talk about it.
And this particular developer has agreed to solve that -- I mean,
well, at least double or more than double the number of available
units for that income bracket for 30 years; that's not take those off if
they don't rent them in 45 days. And they're complying with the
program that we have set up. It's not a hybrid. So they have agreed
to do what we've asked developers to do.
You know, I think nobody -- I lived in Pine Ridge for almost 20
years, and, yeah, we would all like to live, you know, with lots of
undeveloped land around us. It's just not possible. I understand that
growth is painful, and we'd like to keep things all as a preserve.
That's not an option, I think, at this point, for this particular piece of
September 24, 2019
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property. The options are a lot worse. And I sincerely feel that.
The traffic issues will have to be dealt with. You heard that the
improvements to Veterans are in the works. We all serve on the
MPO. They've all been moved up. Logan is coming online and will
relieve some of the pressure off of what comes off of I-75.
I am personally trying to work with our friends in Bonita
Springs in Lee County, now that there's a commissioner for the
adjoining area from Lee County, to see what we can do about
addressing the traffic issues that really come from Bonita Beach
Road. I mean, that is not something that we can control. We can
work with our neighbors, and I'm actively trying to do that.
Having said that -- and I understand our folks at Barrington
Cove won't like it, but I think the alternative is much worse, and I
don't want to be sitting here a year, two years from now when people
are saying, you know, why did you do that? Why did you let that
happen? Because it will happen. There's an existing PUD that
shouldn't be there the way it is.
So having said that, you know, I'm going to make a motion
based upon the commitments that have been made -- and there's
agreed-upon language?
MR. KLATZKOW: I don't know.
MR. YOVANOVICH: Yes.
COMMISSIONER SOLIS: As long as the language has been
agreed upon.
MR. YOVANOVICH: The answer is -- you know how to work
this?
Ms. Ashton drafted language that we believe is consistent with
the commitments we've made. We're fine with the language. As you
can see, we've got the 30-year commitment for the 80 percent or less.
We kept the commitment for the 55 units being marketed ESP. It's
just those 24 units above the 31 that if we don't find a qualified renter
September 24, 2019
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that we could go to someone outside, but the 31 units are always
available for people making that income category.
COMMISSIONER SOLIS: And the 24 are also going to be
available for that time.
MR. YOVANOVICH: That 60- and 45-day period.
COMMISSIONER SOLIS: Okay. Let me just finish. You
know, in terms of the compatibility issue, I live in a multifamily
development next to a very, very nice development on Orange
Blossom Road, and, you know, I think with commercial on the
corner, multifamily surrounding that, and then the -- you know, the
single-family behind it, which, again, I think we cannot disregard the
fact that Barrington Cove -- the PUD for Barrington Cove provides
for multifamily as well. I mean, I don't know how we can say that it's
not compatible when it's in the Barrington Cove PUD.
I think that's just, you know, ignoring what's there. Obviously,
the Della Rosa is also already multifamily. I mean, there are some
standards that we have to meet. We have to look at these things in
terms of what's already permitted; not necessarily what's there, but
what's already permitted. And what's already permitted, in my
opinion, is completely consistent with what is being asked for.
I'm done.
COMMISSIONER FIALA: I'll second it.
CHAIRMAN McDANIEL: It's been moved and seconded with
the appropriate language and the County Attorney's blessing that we
move this project forward as proposed.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I have a question for our -- I'm not sure if it's for Mr. Yovanovich or
it's for our staff, and then I have a comment after I get an answer to
this.
I don't know if we have any kind of a breakdown on these units.
September 24, 2019
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We have 30 units set aside for 30 years. Will there be a mix of one -,
two-, and three-bedrooms or --
MR. YOVANOVICH: The answer is your code requires that
we do a mixture of ones, twos, and threes.
COMMISSIONER SAUNDERS: Okay. So there's some
standard.
MR. YOVANOVICH: Yeah. And I just wanted to put one
other thing on the record, if I can. We originally had in the Growth
Management Plan that we'd have 304 market -rate units. Obviously,
we need to strike of "market rate housing" in your GMP to be
consistent with the commitments we've just made in the PUD. So I
think Heidi asked us to make that clarification.
COMMISSIONER SAUNDERS: In terms of a comment, I
want to tag along with Commissioner Solis that said I'm convinced
that you've got 15 acres where you'd have potential for seven units
per acre, then you've got 20 units (sic) that's zone agricultural , and
that would be changed. So you would have the potential for two
different types of developments with buildings a whole lot closer to
the neighborhood.
I do want to thank Mr. Mulhere, because one of the issues that I
was concerned about was compatibility, and I think you addressed
that very effectively, so I appreciate that.
I'm going to go ahead and support the motion, because I think
that it does help us address the workforce and essential services
housing issue, but that's not the big -- that's not the reason. I think the
main reason is I think that this development is going to be a lot better
than what would potentially be there if we didn't approve this. I
agree with Commissioner Solis this is -- the neighborhood may not
like it, but you have buildings that are 125-foot setbacks plus the
setbacks in the community there. So 152 feet, I think, was the
number.
September 24, 2019
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In that 152 feet you're going to have two different landscaped
buffers. So I think you're going to have a product that's going to be
compatible with the neighborhood, so I'm going to go ahead and
support the motion.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: I just wanted to say one of the other
things that brought me to this conclusion was when Arthrex got up
there, and then Naples Daily News has been pushing for this all along
in their paper. They keep saying that we're not serving the public by
providing more affordable housing. I would call this not affordable
housing. I would call this professional housing, really, because it's in
a professional neighborhood and in a professional building. So I
would call it professional. But anyway -- but it falls under the other
category.
And then also then you've got the Chamber getting up there, but
the NCH, you know, like you said, they really need it, and they need
it at this end of town. All of them have been calling for affordable
housing for a while, and then they build it in East Naples. As they
said before, it's mostly all built there.
The thing is, they need it, but they need it down here at the north
end because this is where their facilities are located and so forth.
And they don't want to drive from that end, so then they locate in Fort
Myers. So this will bring our housing people right here in our own
community and paying taxes right here in our own community and
living close to the schools for their kids and so forth.
CHAIRMAN McDANIEL: Yes, ma'am.
Commissioner Taylor.
COMMISSIONER TAYLOR: Just a point of clarification,
County Attorney. I believe we heard testimony from Cormac Giblin
regarding how we in our plan consider 80 percent. Eighty percent is
considered 80 to 100 percent. If it was 79, it would be under it. But I
September 24, 2019
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needed clarification to make sure that we're talking about -- which I
think is the intention of the developer, but I just want to make sure
that it's accurate in the way --
MR. KLATZKOW: Rich, would you put the language back on,
please.
MR. OCHS: Go ahead, Cormac.
MR. GIBLIN: For the record, Cormac Giblin.
Eighty percent is the maximum. So maybe it should say 80 and
below.
MR. YOVANOVICH: It says at or below.
MR. GIBLIN: At or below.
COMMISSIONER TAYLOR: So you're comfortable with that,
that is the intention?
MR. KLATZKOW: Yes. It's at or below.
MR. GIBLIN: That's correct. And that is the way we do it
consistently.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: You good?
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN McDANIEL: Okay. Well -- and I also, just as a
moment, I've said this regularly to the folks that hav e come and
visited with me. I believe that this is a lesser of two evils. This is not
a bad evil by any stretch of the imagination. We know the developer.
We know the project they build. We know there's, in fact, a need for
the community in a lot of different areas, and that given the choice of
kicking the can down the road, especially when our traffic
department shared with me the timeline of the intersection
improvements, the road improvements for Veterans Highway and the
like, I think that this is the best viable choice for us to go forward
with.
So it's been regularly moved and seconded with the appropriate
September 24, 2019
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language shifts we approve this as has been presented.
COMMISSIONER SAUNDERS: This will be both items?
MR. OCHS: Yes.
CHAIRMAN McDANIEL: Can I do both at the same time,
both 9A and B?
MR. KLATZKOW: Yes.
CHAIRMAN McDANIEL: Or you want two separate votes?
MR. KLATZKOW: No, no.
CHAIRMAN McDANIEL: I'm going to call for additional
discussion.
COMMISSIONER TAYLOR: Just if I may speak. I am going
to support this. This is the first time that I know in the history of
Collier County that we have a developer of this quality agreeing to
inclusionary zoning. It's the beginning of the future where Arthrex,
hopefully, and the Naples Hospital and the Naples Daily News and
all the big employers understand we're serious about making sure we
have affordable housing in Collier County, and thank you for this,
and I am going to support it.
CHAIRMAN McDANIEL: Any other comments?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. Unanimously approved.
He was wanting me to table the item after the vote just to make
sure the language was okay, but -- okay. That's what I was --
September 24, 2019
Page 156
COMMISSIONER FIALA: I think he did that during the --
CHAIRMAN McDANIEL: Yes, we did. Sorry, Terri. I'm up
here having conversations and forget you write down all my
misspoken words.
All right. County Manager, let's -- as folks are -- as folks are
filing out, let's go ahead and move. We have a lot more to do today.
Item #10C
HEARING EXAMINER’S ANNUAL ACTIVITIES REPORT TO
THE BOARD OF COUNTY COMMISSIONERS – MOTION TO
ACCEPT REPORT – APPROVED
MR. OCHS: Yes, sir.
We're moving on to Item 10C that was previously Item 16H1. It
was moved forward to the regular agenda at Commissioner Solis'
request. This is a presentation of the Hearing Examiner's annual
activities report to the Board.
Mr. Strain is here.
COMMISSIONER FIALA: I can't get into the chair.
MR. STRAIN: Good afternoon, Commissioners, except for the
new guy on the right. If you let it grow, you can't eat soup anymore.
COMMISSIONER FIALA: They're admiring each other's
beard.
COMMISSIONER SAUNDERS: You're my hero when it
comes to beards.
MR. STRAIN: It gets a little ragged at times, but soup is a hard
thing to eat.
Anyway, I'm here to answer any questions you may have. I
submitted the paperwork I believe you asked for. If there's anything
else, I'll be glad to try to answer your questions.
September 24, 2019
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CHAIRMAN McDANIEL: I'm going to point to my colleague
who's the one who proposed bringing it up.
COMMISSIONER SOLIS: Yeah. A couple things -- and I
appreciate the executive summary. But I had raised this issue back
when the Hearing Examiner's contract was up for renewal that I think
it's worth a discussion from a policy standpoint as to how the Hearing
Examiner -- what that position is for, what -- the duties, because
they're not clear to me, and what exactly is the relationship between
the Hearing Examiner as the Hearing Examiner, which is -- there's an
ordinance that says exactly what the Hearing Examiner is to hear and
other duties like the Planning Commission and whether or not --
because based upon looking at the executive summary, which stated
that in the last year the Hearing Examiner heard 51 petitions, 51
petitions -- I'm not sure how many of those were actually -- you didn't
hear but went to the County Commission. Were all the 51 ones that
you actually processed?
MR. STRAIN: Absolutely, yes.
COMMISSIONER SOLIS: Okay. So none of them were
forwarded to the Commission that were controversial?
MR. STRAIN: If they went to the Planning Commission, there
might have been two. There are not very many. I think I even asked
you at one time about one, whether you wanted if forwarded or not,
and you left it in my office, and I think Commissioner McDaniel is
another one. So I can't remember offhand; I didn't know that was
going to be your question. It wasn't many, though.
COMMISSIONER SOLIS: Okay. So we have -- we have 51
petitions, but also included in the executive summary was the amount
of time the Hearing Examiner spends working on things through the
Planning Commission.
And, you know, I think it -- I would like to have a discussion as
to whether or not, I mean, that is something that we are compensating
September 24, 2019
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the Hearing Examiner to do, because it's not clear from the ordinance
or the agreement if that is part of his duties for which we compensate
him.
And, number two, I brought this up last time in that the Hearing
Examiner's contract has no review provisions.
And I had had a discussion with Mr. Strain a few months ago
about including the same kinds of review provisions that our County
Manager and our County Attorney have in their contract, because
having been an attorney in a law firm that has been subject to annual
reviews, healthy for me, I think that a position as important as the
Hearing Examiner's, that we need to have an opportunity in a
structured way of having a discussion about the Hearing Examiner's
role and performance.
And, you know, and I don't know that we've ever had anything
other than what a great job our County Attorney and our County
Manager are doing conversation. But I think it's healthy.
It's my understanding that every single officer in the U.S. Armed
Forces is subject to an annual review, and I think it's healthy. I don't
know, Mr. Locastro can verify that, but I believe it's true, no matter
what your rank is. It's a healthy thing.
Our Hearing Examiner is the only employee that is not subject
to any kind of review. And there are some things that I think we
should talk about in terms of the role of the Hearing Examiner as the
Hearing Examiner, which is a position of being a judge, right, the
Chairman of the Planning Commission for many, many years, and all
of the things he does, for example, speeche s, public engagements,
which I've talked to Mr. Strain about as well; somewhere between 60
and 80 engagements last year; is that about right?
MR. STRAIN: Sixty.
COMMISSIONER SOLIS: Sixty, okay. Sixty engagements
last year where he does presentations about the future of Collier
September 24, 2019
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County growth and talks about projects that haven't been applied
for that are pending applications and other ones, and I'm concerned
that if we need a public information person, that we should have that
person, and it shouldn't be our Hearing Examiner, because the
Hearing Examiner sits like a judge, and a circuit judge -- if a circuit
judge went out and commented in any way on anything that might
somehow end up before that judge, they would be removed from the
bench. That's just the way it works.
I think that if the Hearing Examiner is also being compensated
for being the chairman of the Planning Commission, then that's even,
I think, a bigger issue because -- and I was looking at the Hearing
Examiner ordinance. I actually have copies. I'll just pass them down.
And, again, without any opportunity to talk about these things --
and I wanted to talk about these things in a more structured way, and
this is why I suggested to Mr. Strain that we include this in his
contract, and he refused to do that.
Number 5, actually the first tab. The first tab of the Hearing
Examiner's ordinance under additional duties -- because this sets out
his duties to hear conditional uses, boatlift canopies, and dock facility
extensions, and then No. 5 says additional duties. It says, to the
extent his schedule permits, the Hearing Examiner will make his
special knowledge and expertise available upon reasonable request of
the Board of County Commissioners. And nobody, including myself,
is questioning that Mr. Strain has special knowledge and expertise in
our Land Development Code.
I'll continue. It says, any individual commissioner, the County
Manager, the County Attorney provided that such requests do not in
any way involve any matter that is pending or likely to come before
the Hearing Examiner.
So, you know, I think we need to re-think what the duties of the
Hearing Examiner are, because there's nothing in here about the
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Hearing Examiner going out in the community and representing what
our policies are in terms of where growth is going in Collier County
in the future.
MR. STRAIN: Commissioner, that's not what I do.
COMMISSIONER SOLIS: Well, I disagree. I mean, I've been
there.
MR. STRAIN: Well, I just wanted to make sure, before we got
too far, that this was supposed to be a review of the annual report that
you asked me to submit. My contract was actually discussed and
signed in July. I'm not sure this issue -- your concerns were brought
up then, and the contract still got signed.
COMMISSIONER SOLIS: This is the issue that we were going
to discuss from when Commissioner Saunders suggested that we --
that this issue come back when the County Manager's contract and
the County Attorney's reviews were going to be had.
MR. STRAIN: As an annual report, which I provided.
COMMISSIONER SOLIS: Well -- and so -- I wanted to do this
in a structured way, the way we do it with the County Attorney and
the County Manager, and so here we are.
MR. STRAIN: The structure will be --
COMMISSIONER SOLIS: And let me just finish, because then
you're welcome to respond.
You know, in my opinion, also, there are other things that I
would like to express my displeasure over, and I think without --
without a way or a time to do this, we end up where we are now.
For example, I think that on many occasion there are certain issues
that continue to come up at the Planning Commission which are not
in our Land Development Code that I think should not continue to
come up as conditions to approvals. For example, you and I have
talked several times about this issue of somehow allowing AA and
NA to meet in a neighborhood church would somehow violate the
September 24, 2019
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Land Development Code because those constitute rehab services. Do
you remember that conversation?
MR. STRAIN: Yes, and we talked about it one time, and I went
back and checked the record, and it was not me that introduced that
comment. It was somebody else so --
CHAIRMAN McDANIEL: I'm going to intercede here if I may.
MR. STRAIN: This is far beyond what was supposed to be
done today.
CHAIRMAN McDANIEL: One second, sir.
I want to have this discussion, but I want it to be done under the
proper parameters.
COMMISSIONER SOLIS: I agree.
CHAIRMAN McDANIEL: And I want to acquiesce to our
County Attorney for a minute, if I may, because the Hearing
Examiner is an employee of the Board of County Commissioners.
COMMISSIONER SOLIS: Right.
CHAIRMAN McDANIEL: And I want to have this discussion.
I don't think this agenda item is the proper time and place for that to
actually transpire, and if you don't feel that this -- that you have been
heard with your express concerns, then I think it appropriate for us to
set an agenda item, time and place, and bring it back for that physical
discussion. Today's discussion, per the agenda item, is to hear his
annual report and accept it.
COMMISSIONER SOLIS: Well, this is in terms of not
accepting.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: Well, that's your prerogative.
CHAIRMAN McDANIEL: And it's certainly your prerogative
to not accept that for right now.
My question to the County Attorney from a procedural
standpoint, I think -- I haven't reviewed the Hearing Examiner's
September 24, 2019
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contract in a minute, but I think the Board can review any of our
employees' contracts at any particular time we choose.
MR. KLATZKOW: Yes.
CHAIRMAN McDANIEL: Yes. So with that said, I would like
for -- if my colleague would be so inclined, to go bring forward an
executive summary, bring up the Hearing Examiner's contract. I
would like to hear -- I do concur that a review process should be part
of the Hearing Examiner's contractual arrangement, and then we can
have a formal discussion about his duties to and fro.
COMMISSIONER SOLIS: That was my intention to begin
with.
CHAIRMAN McDANIEL: I understand.
COMMISSIONER SOLIS: And I'll just point out that one of
the things we also need to review that's not on here now is also the
Productivity Committee's recommendation that the contract contain a
review process as well.
CHAIRMAN McDANIEL: Right. And I think -- and there
again, it was at my -- I think it was at my instigation, I'm not sure, we
sent the Hearing Examiner over to meet with the Productivity
Committee -- or the Productivity Committee, and the Hearing
Examiner to give us -- give them suggestions as to how to enhance
his duties or not, and then we actually got an opinion from the
County Attorney. So with that --
COMMISSIONER SOLIS: No. I'm in total agreement that –
but, it just reiterates my point that because there's no review process
that's established in the contract, there's no process for doing this.
So I'm all in favor of bringing this back, and I'll prepare an
executive summary and -- I would have done it that way anyway.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: I just would like to put on the
record -- because that's the last paragraph of the Productivity
September 24, 2019
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Committee members summarized by Mr. Willig in our County
Manager's Office. That final paragraph where they finish with,
"yeah, it would be great to have a review." They also said, sir,
according to your concerns that -- "and we are the ones who said send
the duties. Let's have the Productivity Committee evaluate what" the
county -- "what our" --
CHAIRMAN McDANIEL: Hearing Examiner.
COMMISSIONER TAYLOR: -- "Hearing Examiner does."
And we did, and what they said in -- and this is definitely reflected in
their comments but also goes to what you started out by saying is
they believe that all these presentations, public presentations by the
Hearing Examiner, are reflective of county transparency and public
education.
They also said, "These presentations by the Hearing Examiner
serve the county well and should be encouraged." And I would just
like to say that I would encourage them, because the county changes
by the minute. And I believe that the county -- that the Hearing
Examiner understands clearly what is in the future by what is coming
in for zoning and what is being talked about and maybe it's -- he
understands that, and to bring it to the public is an invaluable service.
COMMISSIONER SOLIS: Well -- and, again, I'm not saying
that the presentations are not valuable. I'm not saying that they're not
very informative and very entertaining, because I've been to them.
My issue is whether or not that is something that the Hearing
Examiner should be doing, you know. And there's lots of different
permutations. We should be providing that information to the public,
I agree. It's the mixing of all these roles that concerns me because
it's -- I haven't found one other county that the Hearing Examiner has
this role.
CHAIRMAN McDANIEL: And so let's go forward with the –
and, Commissioner Fiala, your light came up.
September 24, 2019
Page 164
COMMISSIONER FIALA: Yes.
I don't -- it's not his fault he started this. It's my fault. Let me
just take front and center on this. I was going -- I do a lot of speeches
around the town, and I go in and I tell them about this road that's
going to start here and then this development, and I'm doing all these
motions in the sky, and one day he said to me, you know, I could put
together a PowerPoint for you.
I said great. I said, but I don't know how to work the machine,
so you have to teach me how to use the machine.
And he said, I'll just come over and do it for you. That's how it
all started. And I didn't care if he was Hearing Examiner or a
dogcatcher; you know, it was nice to have somebody show me where
these things were. And the audiences were so impressed.
COMMISSIONER McDANIEL: I mean --
COMMISSIONER FIALA: Yes, I've taken a backseat to him
sometimes because he knows all this stuff that's anything going on.
But, you know, each one of us -- this is county government. One
department doesn't talk to another. We don't even know what's going
on. One commissioner -- we can't talk to one another. You know, I
can't even -- I can't even say to him in private something about his
district because now we're violating Sunshine.
So it's great to have somebody come up and tell you what's
happening around the county in a generic type of way. So this is how
I have looked at. It never bothered me.
COMMISSIONER SOLIS: I think it's worth a discussion. And,
again, I'm not -- the presentations are very entertaining and very
informative and, I mean, I think --
CHAIRMAN McDANIEL: And we're not here today to talk
about the presentations.
COMMISSIONER SOLIS: Yeah.
CHAIRMAN McDANIEL: We're here today to accept the
September 24, 2019
Page 165
recommendation of the county -- or the Hearing Examiner's annual
report, and you're going to bring forward another exec summary that
will reiterate his contract and performance and what he does and
doesn't do.
MR. STRAIN: Do I get any comment on this?
CHAIRMAN McDANIEL: Sir?
MR. STRAIN: Can I comment on this at all?
CHAIRMAN McDANIEL: You already have.
MR. STRAIN: No, I have not, not since you said you were
going to propose something to change my contract that you-all signed
in July, and I, in good faith signed it, too. I'm not in a position where
I think I need to change the contract.
CHAIRMAN McDANIEL: I understand that.
MR. STRAIN: So I'd like -- I don't know why we do --
(Simultaneous crosstalk.)
CHAIRMAN McDANIEL: You do understand that you are an
employee of this board.
MR. STRAIN: I do, but that's --
(Simultaneous crosstalk.)
CHAIRMAN McDANIEL: You do understand, per the County
Attorney, that we have a right to review your agreement necessarily
at will. If you choose to not accept those adjustments while we have
those discussions, then that -- then so be it. I mean, Commissioner
Solis has the right -- he is one of five of your employers.
MR. STRAIN: What is broken, though, Commissioner?
COMMISSIONER TAYLOR: With all due respect, this is the
second time we've discussed the same thing by Commissioner Solis.
Now we're going to discuss it for a third time. If that's the case , let it
be done at the third time and let it be finished. But at this point, I'd
like to see if there is any interest in changing the Hearing Examiner's
contract. I'd like to see that. If there -- if there is, then I think that it
September 24, 2019
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would be worth Commissioner Solis' time to spend the time to create
an executive summary.
If there are -- if there's a majority of this board that says the
contract is fine the way it's written and maybe --
CHAIRMAN McDANIEL: We're not here today to be voting
on that.
COMMISSIONER TAYLOR: But I'd like to see whether or not
we need to talk about this a third time. I mean, I don't know what --
it's almost like beating us down so we agree. It's just ridiculous.
COMMISSIONER SOLIS: We haven't talked about it yet.
That's the whole point.
COMMISSIONER TAYLOR: This is the same issues you
brought up the last time we talked about this.
COMMISSIONER SOLIS: Right. And what we ended up
doing is saying we would bring it back up today.
COMMISSIONER TAYLOR: No. We said, let's see what the
Productivity Committee says, and they said add a review process.
You're going back -- you're disagreeing with some of the things the
Productivity --
COMMISSIONER SOLIS: No, no.
COMMISSIONER TAYLOR: I don't understand the issue.
COMMISSIONER SOLIS: Listen, all of my comments really
go back to there not being a review process.
COMMISSIONER TAYLOR: And the contract is for how
long? One year?
MR. STRAIN: It comes up for review again in 18 months.
Why don't we wait until it comes back for review --
(Simultaneous crosstalk.)
MR. STRAIN: -- and then deal with it on a new review,
because that's when it's got to come up for -- to be reassigned or
replenished anyway. To do it now right after you just signed it a few
September 24, 2019
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months ago, I mean, that is problematic for me.
COMMISSIONER TAYLOR: I don't like it. I think it's -- I
think it's really -- it makes the position of the Hearing Examiner -- it
diminishes it by --
COMMISSIONER SOLIS: Having a review process?
COMMISSIONER TAYLOR: No, sir. By discussing the same
thing on two meetings and edging this forward. I think it's
disrespectful.
COMMISSIONER SOLIS: Well, then let's discuss the review
process. I mean, let's discuss it. We haven't discussed it yet.
CHAIRMAN McDANIEL: And, as I said, we are not here
today to discuss the Hearing Examiner's contract. The agenda item
that was brought forward -- and, Commissioner Saunders, your light's
been on, and I'm trying to get us to an end here. We're here today to
accept the annual report of the Hearing Examiner, and if
Commissioner Solis chooses to bring forward an executive summary
that will review the contract, then so be it, and we can vote for or
against it. He can do his time then.
COMMISSIONER SAUNDERS: No, I agree. First of all, I
support what Mark has done. I think he's done a great job. He does
have a contract. We -- I respect the right of a commissioner to bring
an issue forward to discuss whether that contract should be extended
in terms of duties. I think I'd like to see that. So I don't see this as an
attack on Mark Strain at all. This is just a commissioner wanting to
have a review of a very important function, and so be it.
CHAIRMAN McDANIEL: I don't see it as an attack at all. I
see it well within his rights; well within his rights.
COMMISSIONER TAYLOR: Yes, yes. Of course it is. It's the
timing that is suspect here, not the review -- not the review process.
CHAIRMAN McDANIEL: Not today, and that's where I'm
trying to get us because --
September 24, 2019
Page 168
COMMISSIONER TAYLOR: So maybe in 18 months from
now -- oh, no. Maybe in a year from now, we look at it in
anticipation of the contract being -- he just signed the contract, for
Pete's sake.
CHAIRMAN McDANIEL: And?
COMMISSIONER SAUNDERS: If a commissioner wants to
bring an item forward for discussion, the commissioner has a right to
do that.
CHAIRMAN McDANIEL: Period; end.
COMMISSIONER SAUNDERS: Just as a matter of fact here,
the contract has a 30-day termination provision in it.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SAUNDERS: So this may be an 18-month
contract -- and I'm not suggesting that we would ever exercise that.
But I'm just saying that you have a contract, a commissioner wants to
have some input into maybe making some changes in terms of duties
or having some sort of a review, he's got that right. I don't even know
why we're having the conversation. Just put it on the agenda.
CHAIRMAN McDANIEL: Put it on the agenda, and then I'll
take a motion for the agenda in front of us with regard to the annual
report.
COMMISSIONER SAUNDERS: I'll move approval of that
item.
COMMISSIONER TAYLOR: If I may ask that the
commissioner that writes the executive summary makes it very clear
in black and white what the changes are so we don't have a large
discussion and rehash the same thing for the fourth time.
CHAIRMAN McDANIEL: Certainly. Well -- and it won't be,
hopefully, for the fourth time. I tried to cut it a little short today. I
don't want to have those discussions. They were about to get into a
discussion about their opinions of individuals and the maneuvers
September 24, 2019
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there, so we're not going to do that. It's been moved and --
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: -- seconded that we accept the
Hearing Examiner's report. Is there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: 4-1. Thank you, Mr. Strain.
MR. STRAIN: Thank you.
Item #12B
RESOLUTION 2019-182: REQUEST BY THE COLLIER
COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY FOR
APPROVAL OF A RESOLUTION AUTHORIZING THE
AUTHORITY TO ISSUE REVENUE BONDS TO BE USED TO
FINANCE EDUCATIONAL FACILITIES FOR THE
COMMUNITY SCHOOL OF NAPLES, INC. – ADOPTED
MR. OCHS: Mr. Chair, we move on to Item -- excuse me, 12B.
This item was previously Item 16K3, and this is a request by the
Collier County Industrial Development Authority for approval of a
resolution authorizing the authority to issue revenue bonds to be used
to finance educational facilities for the Community School of Naples.
Commissioner Solis brought this item forward to the regular agenda.
COMMISSIONER SOLIS: Yeah. And thanks for being here.
September 24, 2019
Page 170
And, again, as I said before and I said to Mr. Pickworth, really,
this was just informational for me in terms of what we're approving.
The statute with these industrial revenue bonds provides for us to
approve them, and I just want to -- you know, I think if we're
approving a bond issue, we should probably have a little bit
discussion about it, and I'm just hoping that in the future we can have
a little more understanding of what we're doing. That's all.
Thank you.
CHAIRMAN McDANIEL: Is there any comment from staff
with regard to the clarification, or are we -- are you clear now?
COMMISSIONER SAUNDERS: Should we continue this for
two weeks?
COMMISSIONER TAYLOR: Yeah. Let's do it, and then we'll
discuss it a third time. We'll bring you back a third time.
CHAIRMAN McDANIEL: Quit; quit.
COMMISSIONER SAUNDERS: Just kidding. I'm just
kidding.
CHAIRMAN McDANIEL: Make a motion.
MR. MILLER: Mr. Chairman, I do have registered speaker,
Chad Ott, and he's been ceded time from Dr. David Watson. I don't
know if that's necessary or not.
CHAIRMAN McDANIEL: Chad, are you -- have you --
Commissioner Solis, this is -- and this is me. Is this -- have your
questions been answered satisfactorily?
COMMISSIONER SOLIS: One of the problems is I haven't had
a chance to actually speak to anybody other than at a break. I mean,
as I understand it, it's a -- it's to finance an expansion at the
Community School.
MR. OTT: Yes, that in addition to refinancing existing debt in a
new offering that we're going to put forward at this point based on
where the markets are.
September 24, 2019
Page 171
COMMISSIONER SOLIS: And because we've done this in the
past.
MR. OTT: We have.
COMMISSIONER SOLIS: Right. How many -- I mean, we've
done this four or five times -- four times in the past. So this is
helping to refinance one of the prior ones?
MR. OTT: And add additional development.
COMMISSIONER SOLIS: Okay, okay.
MR. OCHS: My name is Chad Ott. I'm here today representing
the Community School of Naples as its treasurer and vice president
of the board of trustees.
COMMISSIONER SOLIS: Okay. And that's -- again, I just
thought it would be helpful to understand what we're doing. These
industrial revenue bonds, as I understand it, are kind of a conduit to
help with making taxes and financing available for communities and
community improvements and projects that would -- otherwise
maybe wouldn't get done. So I just wanted to understand what we
were doing and have a little discussion about it, and that's all.
MR. OTT: Yes, sir. In particular, as it relates to us, educational
facilities are eligible uses for this type of funding.
COMMISSIONER SOLIS: Okay. Yes, all my questions have
been answered.
CHAIRMAN McDANIEL: Outstanding.
Commissioner Taylor.
COMMISSIONER TAYLOR: Just a point. I don't know if it's
from staff or from our County Attorney. Can you please give us the
role of the county in this process.
MR. KLATZKOW: Sort of just as a -- somebody just checks to
make sure that it's fine. I mean, somebody has to do that; otherwise
they would just be applying for the revenue bonds without any
oversight. So at the end of the day this is really one of the few
September 24, 2019
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abilities for somebody to sniff test something like that.
COMMISSIONER TAYLOR: And to make sure it's -- that,
number one, it is an educational facility or it is a hospital or whatever
the application, wherever it comes from, that kind of thing?
MR. KLATZKOW: Yeah. Over the course of time, we've seen
a number of these things, and they do tend to be, you know, hospitals
and schools.
COMMISSIONER TAYLOR: So make sure the hospital is a
hospital and the educational facility is an educational facility?
MR. KLATZKOW: Yeah. And I do that, and I make sure that
it meets the legality. But it's your job to basically say, yes, we think
this is something that at the end of the day is deserving of a subsidy,
because that's really what we're talking about here. These are, in
essence, at the end of the day, subsidized bonds, and you're saying,
yes, this is a public purpose, that's fine. Now, it doesn't -- it doesn't
cost us anything.
COMMISSIONER SOLIS: Right.
MR. KLATZKOW: And we're not backing the bonds, but it's
sort of the ability for a governing board to say, yes, this is a good
thing.
COMMISSIONER TAYLOR: And the public purpose, Mr. Ott,
clearly, how much -- what's your scholarship on an annual basis for
those --
MR. OTT: We allocate roughly $3 million a year to financial
aid on an ongoing basis, and I think currently that supports 147
students out of our 800.
I would like to add, though, that the Industrial Development
Authority does due diligence on both our application and our
presentation. We did that several months ago now. And that board
found us unanimously worthy of proceeding through the issue.
So there are other levels of due diligence that take place before it
September 24, 2019
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comes to you for approval.
COMMISSIONER TAYLOR: I think that's Mr. Pickworth's
theory.
MR. OTT: Yes, ma'am.
COMMISSIONER SOLIS: So, I mean, I'll make a motion to
approve.
COMMISSIONER TAYLOR: Second.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the agenda item as presented and recommended by staff.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
COMMISSIONER SOLIS: And I'll apologize that you had to
stay here through all the other stuff that you've sat here through.
MR. KLATZKOW: No. On a going-forward basis, do you
want these on regular agenda or consent?
COMMISSIONER SOLIS: I mean, that's actually, ultimately
the question I wanted to pose to my c olleagues is do we want to -- do
we want to regularly hear these things just to know what they are that
we're approving since we don't get the presentations?
COMMISSIONER TAYLOR: That's what staff is there for is
the questions you asked.
September 24, 2019
Page 174
COMMISSIONER SAUNDERS: Let's keep them on the
consent agenda, and if you want to pull it, then pull it, but --
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: When I met with senior staff
yesterday in my one-on-ones, I asked the question, was this a regular
event? Who else were we able to and had we done these things for
and supported, and got my questions answered in private. So, I
mean, again, we're certainly welcome to bring them up whenever you
wish --
COMMISSIONER SOLIS: Sure.
CHAIRMAN McDANIEL: -- so that's how I managed my
questions.
MR. OTT: Mr. Pickworth, do you have something you'd like to
be recognized?
CHAIRMAN McDANIEL: I don't know we're going to let him
talk; we've already voted. No, come on.
MR. PICKWORTH: What we probably could resurrect that we
used to do -- and I don't know how we stopped doing this, but it used
to be at the same time I turned in the agenda item, I'd meet with -- I
forget, like, your finance guy, Mark. I'd meet with him and a couple
of the other senior people, and we'd talk about it. And, you know, if
they saw any wrinkles, then it would, you know, not be on consent,
but if it was pretty straightforward, then it would stay on consent.
So it was sort of -- it wasn't really a formalistic thing, but we'd go
over it. And we can resurrect that, and that will probably --
MR. KLATZKOW: That's probably a good procedure.
COMMISSIONER SOLIS: Yeah, okay. That sounds good to
me. Thank you.
MR. OTT: Thank you for your authorization.
CHAIRMAN McDANIEL: Appreciate you being here today.
COMMISSIONER TAYLOR: It was a fascinating afternoon,
September 24, 2019
Page 175
right?
COMMISSIONER FIALA: It's called entertainment.
Item #9C
ORDINANCE 2019-23: GOLDEN GATE AREA MASTER PLAN;
ORDINANCE 2019-24: GOLDEN GATE CITY SUB-ELEMENT;
ORDINANCE 2019-25: URBAN G.G. ESTATES SUB-ELEMENT;
ORDINANCE 2019-26: RURAL G.G. ESTATES SUB-ELEMENT;
ORDINANCE 2019-27: FUTURE LAND USE ELEMENT);
ORDINANCE 2019-28: CONSERVATION/COASTAL MGMT;
ORDINANCE 2019-29: SOLID WASTE SUB-ELEMENT;
ORDINANCE 2019-30: STORMWATER MGMT SUB-ELEMENT;
ORDINANCE 2019-31: TRANSPORTATION ELEMENT:
AMENDMENTS TO THE GOLDEN GATE AREA MASTER
PLAN ELEMENT OF THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED,
SPECIFICALLY CREATING THE GOLDEN GATE CITY SUB-
ELEMENT, THE URBAN GOLDEN GATE ESTATES SUB-
ELEMENT, AND THE RURAL GOLDEN GATE ESTATES SUB-
ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN
ELEMENT AND CORRESPONDING AMENDMENTS TO THE
CONSERVATION AND COASTAL MANAGEMENT ELEMENT,
THE SOLID WASTE SUB-ELEMENT AND STORMWATER
MANAGEMENT SUB-ELEMENT OF THE PUBLIC FACILITIES
ELEMENT, THE TRANSPORTATION ELEMENT, AND THE
FUTURE LAND USE ELEMENT AND TO TRANSMIT THE
AMENDMENTS TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY AND OTHER APPLICABLE
AGENCIES – ADOPTED
September 24, 2019
Page 176
MR. OCHS: Commissioners, that takes us to Item 9C. This is a
recommendation to review and adopt proposed amendments to the
Golden Gate Area Master Plan Element of the Collier County Growth
Management Plan.
Ms. Anita Jenkins, who wanted to be last on today's agenda but I
forced her to move it up to this particular time -- go ahead.
MR. MILLER: And I do have one registered speaker.
CHAIRMAN McDANIEL: Yes, we know. He's sitting right
there.
MR. MILLER: Yes, he is.
MS. JENKINS: Good afternoon, Commissioners. Anita
Jenkins with your Community Planning Section.
Today we are at adoption of the Golden Gate Area Master Plan.
It was transmitted by this board earlier this year. DEO did review it,
Department of Economic Opportunity. They came back with no
comments, recommendations, or objections to it. The Planning
Commission did vote unanimously to transmit it to you.
There was one slight change, though, that I'd like to bring to
your attention. You remember when the Golden Gate Rural Estates
Civic Association presented some language changes to you at your
transmittal hearing, and it was related to neighborhood churches, and
the idea was to put in "neighborhood" in front of churches in the
Estates and also in the city of Golden Gate.
Staff presented a recommendation to the Planning Commission
to leave neighborhood churches in the Estates but remove
"neighborhood" as a qualifier for churches within Golden Gate City.
So that was a change that was specifically made along with
trifurcating this plan, all the goals, objectives, and policies and the
map sets that go along with that.
So those were the major changes, but that was -- from your
transmittal and coming back to you today, it was just the
September 24, 2019
Page 177
neighborhood church in Golden Gate City that was recommended to
change. The Planning Commission agreed with that.
CHAIRMAN McDANIEL: Outstanding. I want to see this --
I'm going to make a motion for approval of this.
COMMISSIONER TAYLOR: I'll second.
CHAIRMAN McDANIEL: And I want to compliment staff in
their efforts. I watched for years from when Commissioner Nance sat
in this seat and appropriated the funds to do these far-overdue
reviews of our land-use plans. I've watched you come to enumerable
public hearings working with our community to effectuate
far-overdue adjustments to -- how long's it been since this master
plan's been touched?
MS. JENKINS: Since 2004.
CHAIRMAN McDANIEL: Yeah. So having said that, it's been
moved and seconded that we -- now, we do have a public speaker,
and I want to hear -- I'm sure Mr. Ramsey will want to --
COMMISSIONER TAYLOR: He's going to talk us out of it.
COMMISSIONER FIALA: He's been here all day.
COMMISSIONER TAYLOR: Are you going to talk us out of
it, sir?
CHAIRMAN McDANIEL: He's very patient, very patient.
MR. RAMSEY: Good afternoon. Mike Ramsey, President of
the Golden Gate Estates Area Civic Association.
I just kind of want to echo some of the stuff that Commissioner
McDaniel said. With staff, Anita and the rest, we have spent many
years going to meetings, and we have -- what I think have come to an
understanding of what the residents don't like, really don't like, and
really, really, really don't like, and really don't like anymore.
But we went through the meetings, and we think we've come to
a point right now where we've kind of got to a n understanding of the
condition of the community, the attitudes of the residents, and kind of
September 24, 2019
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where we're at right now. And I think we're in a good place to adopt
this and move on. And I think the trifurcation might help with some
of that, too.
So I want to thank the Commission for helping us with these
last-minute ideas, and thank you, staff. It's been fun. I can't wait for
the next time.
CHAIRMAN McDANIEL: And, you know, it's been mentioned
a couple times, the trifurcation. We actually had to check to make
sure that was a word when I used it a while ago, and it is the
delineation of the geographic bounds of Golden Gate. The urban
Golden Gate Estates, which we use 951 as the dividing line; the
Golden Gate Estates, the four square miles; and then rural Golden
Gate Estates, which is 951 east. And that allow -- that will allow for
those folks in those different neighborhoods to reach out and touch
their land-use plans individually and not negatively or impact folks
that are in an entirely separately -- different geographic area.
So it's going to enhance Commissioner Saunders' efforts in what he's
got going on in Golden Gate City and as well as the Rural Estates,
and in the Urban Estates as well, so I'm really pleased. And I really
want to thank you and compliment you on your work.
COMMISSIONER FIALA: Before you let her go --
CHAIRMAN McDANIEL: I've got Andy lit up. Do you want
to say something?
COMMISSIONER FIALA: Just at the end, after this is all
discussed, but I don't want to lose --
CHAIRMAN McDANIEL: Don't go away.
COMMISSIONER SOLIS: I was just going to say the same
things. I mean, this is how the process is supposed to work. I mean,
hopefully, Mr. Ramsey, not only did we learn what the residents don't
like and really, really -- and really, really, really, really don't like, but
also what they like, and I hope that's included in there as well,
September 24, 2019
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because that's the process, and I'm glad we have gotten to this to -- to
where we are. I mean, this is the way the process is supposed to
work. The residents are happy with it, and it's going to move the
county forward. So thanks for all the work, and thank you for all the
time you've spent going to meetings as well.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yeah. Well, being that we're
talking about master plans, we have been looking for the corridor
master plan for quite some time. And now you're finished with
Golden Gate, and I know that's busy. And but -- and Mike Bosi is
gone now. We need a master plan. We need a corridor master plan.
We just need some guidance, and it's not going anywhere.
So I'm just laying that on your shoulders and seeing what we can
do about moving it forward.
CHAIRMAN McDANIEL: Talk to the boss man about that.
COMMISSIONER FIALA: Oh, I know. I'm talking to him
right now.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we accept for adoption the Golden Gate Master Plan as
presented. Any other discussion? What?
MS. JENKINS: There are several other elements, so we might
need to have that as part of your motion, the other elements that are
included in the Golden Gate Area Master Plan, Transportation
Element, Solid Waste, so...
MR. OCHS: Inclusive of all the elements outlined in the
executive summary.
MS. JENKINS: Yeah, staff recommendations.
CHAIRMAN McDANIEL: That was the intent of my motion
when I -- when I did it. But if you want it to be specific, I'll be -- I'll
reiterate it just to include those elements as such.
COMMISSIONER TAYLOR: And I'll agree to the amendment.
September 24, 2019
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CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: As the seconder.
CHAIRMAN McDANIEL: As the seconder.
It's been moved and seconded-er that's we pass the adoption --
for adoption the Golden Gate Master Plan as presented along with
those elements. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
COMMISSIONER FIALA: They're been working a long time
at that. They've worked hard at it.
CHAIRMAN McDANIEL: Thank you. Thank you.
COMMISSIONER FIALA: He's never given up on us.
CHAIRMAN McDANIEL: No, no, no. I used to sit out there
with him.
Item #10B
APPOINTING A MEMBER TO REPRESENT M-CORES (MULTI-
USE CORRIDORS OF REGIONAL ECONOMIC SIGNIFICANCE)
TASK FORCE - MOTION TO APPOINT COMMISSIONER
TAYLOR – APPROVED
MR. OCHS: Commissioners, we move to Item 10B. This is a
September 24, 2019
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recommendation to appoint a member to represent the Multi Use
Corridors of Regional Economic Significance Task Force from the
Florida Department of Transportation.
Mr. Casalanguida can give you a brief explanation if you need
it.
CHAIRMAN McDANIEL: I mean, we know what it's for, but
go ahead.
MR. CASALANGUIDA: Okay. Well, Commissioner
McDaniel's on the Regional Planning Council. The governor and
legislator signed the bill to fast-track three projects. One of them is
from Polk County to Collier County. So they've asked for two
appointees, and they really would like to have board members or
significant public officials. They'd be affirming Commissioner
McDaniel's position through the RPC, and then having one more
from this group participate.
COMMISSIONER SOLIS: Is there any reason that our
esteemed chair wouldn't be the one?
CHAIRMAN McDANIEL: You know, that kind of sort of was
my thought, but one of the -- if you look at the governor's order with
regard to this committee and the makeup of it, more is merrier. We're
not dictating or we're not -- at this level we're not picking a corridor.
What we're doing is going through the public-input process, and as --
and there again, I had a nice meeting with Meredith Budd, now, and
she reminded me of that.
I kind of thought it was a waste to have two of us going there to
represent us, because I'm already there for the Planning Commission.
But, you know, somebody else might have been an additional idea.
So if -- I'd be happy to do it, but the rationale is, is more is merrier, if
I'm not mistaken. Is that basically your thoughts?
MR. CASALANGUIDA: Well, I mean, if you look at the list
from local government, I think the way the makeup is -- or they
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talked about MPOs, regional planning councils and specific
government individuals, the corridor alignment starts -- it's really in
an area of State Road 29, I-75. So obviously District 5 is
predominantly impacted.
The district secretary suggested two individuals. That was his
recommendation. And he'd really like to get the board members
engaged because of this high-profile project, so...
CHAIRMAN McDANIEL: And Reg Buxton, as you recall, he,
on our MPO -- he's the chair of the MPO. He is the MPO's
representative, so -- and it's really --
COMMISSIONER FIALA: Didn't he volunteer, too, to do this?
CHAIRMAN McDANIEL: I did.
COMMISSIONER FIALA: No, I said Reg. Didn't Reg --
CHAIRMAN McDANIEL: Reg did volunteer. At the time I
actually thought it was an additional duplication as well, because I'm
already on the MPO and I'm at the RPC, and I'm here as well. But I
think the impetus behind this request is to have another viewpoint.
COMMISSIONER FIALA: And I -- at the time that Reg
volunteered -- and I think it was at our MPO meeting, wasn't it?
CHAIRMAN McDANIEL: It was, yes, ma'am.
COMMISSIONER FIALA: And I said, oh, I'll even volunteer
to second it or be a second one in place. But I think it's a great idea
that Reg wanted to do that, and I'll go and hold his hand or --
CHAIRMAN McDANIEL: You're going to be the alternate.
COMMISSIONER FIALA: Yeah, I'll be the alternate.
CHAIRMAN McDANIEL: I think they're wanting someone
from this board, and not staff, to volunteer.
COMMISSIONER TAYLOR: I'll volunteer.
COMMISSIONER FIALA: Well, you have to go right after me.
I already volunteered, but Reg is going.
COMMISSIONER TAYLOR: You're the alternate.
September 24, 2019
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CHAIRMAN McDANIEL: You're the alternate --
COMMISSIONER FIALA: Right after Reg.
COMMISSIONER TAYLOR: No. I'll volunteer from this
board. I'll be the representative of this board.
COMMISSIONER FIALA: Oh, okay.
CHAIRMAN McDANIEL: You're the alternate for Reg on the
MPO. If he can't go, you'll go.
COMMISSIONER FIALA: Okay. Oh, I see. Okay.
CHAIRMAN McDANIEL: And then Commissioner Taylor
will go, once I make the motion to nominate her as the representative
from this board, which I just did.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: And it's been secondeded. I started
adding the extra ed, ed, ed.
So with that, it's been moved and seconded that Commissioner
Taylor from this board serve as the representative for the M-CORES
process. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Thank you for volunteering. I thought –
Item #11A
September 24, 2019
Page 184
AWARD INVITATION TO BID NO. 19-7654 CLAM PASS,
NORTH PARK SHORE AND PARK SHORE BEACH RE-
NOURISHMENT TO EARTH TECH ENTERPRISES, INC., IN
THE AMOUNT OF $3,579,500, AUTHORIZE NECESSARY
BUDGET AMENDMENTS, AUTHORIZE THE CHAIRMAN TO
EXECUTE THE ATTACHED AGREEMENT, AND MAKE A
FINDING THAT THIS ITEM PROMOTES TOURISM (PROJECT
NO. 90067 AND 90069) – APPROVED
MR. OCHS: Commissioners, that takes us to Item 11A. This a
recommendation to award a construction contract for the Clam Pass,
North Park Shore, and Parkshore beach renourishment project to
Earth Tech Enterprises, Incorporated, in the amount of $3,379,500;
authorize necessary budget amendments; authorize the chairman to
execute the agreement; make a finding that this item promotes
tourism. Mr. McAlpin can --
COMMISSIONER FIALA: I'd like to --
COMMISSIONER TAYLOR: Are you going to make a motion
to approve?
COMMISSIONER FIALA: Yeah, he was giving such an
outstanding performance here, I thought --
COMMISSIONER TAYLOR: I'll second it, but I do have a
question.
MR. McALPIN: Yes.
COMMISSIONER TAYLOR: When are we doing a hopper
dredge? What's the plan?
MR. McALPIN: There's no plan in the foreseeable future for a
hopper dredge. It would probably come with the implementation of
the U.S. Army Corp of Engineers' project, and that will probably be
something in the range of 2024.
COMMISSIONER TAYLOR: Okay. So we're talking five
September 24, 2019
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years, six years?
MR. McALPIN: That's correct.
COMMISSIONER TAYLOR: Okay, good.
CHAIRMAN McDANIEL: Have you looked at the cost
differential between a hopper dredge and the upland sand use?
COMMISSIONER TAYLOR: Have you -- I'll tell you what,
when you have 80 trucks a day sunrise to sunset for seven days a
week, you look at a hopper dredge. When you have the City of
Estero concerned about where the sand is going down and wanting to
block it with a truck because they don't like the wear and tear on the
roads, you look at a hopper.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Okay. Have you looked at the cost
differential between the utilization of a hopper dredge and upland
sands?
COMMISSIONER TAYLOR: I think there's more to it than
just the actual cost in terms of smaller ones. But if you're going --
CHAIRMAN McDANIEL: You brought up subjects I didn't ask
the question of. I know about all those other things. I just wanted to
know if you'd actually looked at that.
COMMISSIONER TAYLOR: You're an old pit man.
CHAIRMAN McDANIEL: I am.
COMMISSIONER TAYLOR: You like that kind of stuff.
CHAIRMAN McDANIEL: I see there are issues, but we'll have
that discussion some day when we have it. Be still, Commissioner
Saunders.
It's been moved and seconded that we accept the -- we accept
the report with regard -- or the --
MR. OCHS: Contract.
CHAIRMAN McDANIEL: -- the agreement and the contract
September 24, 2019
Page 186
for the beach renourishment as presented so well by Mr. McAlpin.
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. McALPIN: Thank you, Commissioners.
CHAIRMAN McDANIEL: Outstanding presentation.
Item #11B
A REAL ESTATE SALES AGREEMENT FOR THE SALE OF
THE RANDALL CURVE 47 +/- ACRE PARCEL, LESS AND
EXCEPT THE ONE (1) ACRE PARCEL TO BE RETAINED BY
THE COUNTY, TO CROWN MANAGEMENT SERVICES, LLC
FOR $3,750,000 AND ACCEPT THE 10 +/- ACRE PARCEL AT
THE ESTATES SHOPPING CENTER – APPROVED
MR. OCHS: Item 11B is a recommendation to approve and
execute the real estate sales agreement for the sale of the Randall
Curve 47-acre parcel, less and except the one-acre parcel to be
retained by the county, to Crown Management Services, LLC,
$3,750,000, and accept the 10-plus-or-minus-acre parcel at the
Estates shopping center.
Mr. Michael Dowling from your Real Estate Services Division
September 24, 2019
Page 187
can make the presentation or is available for questions.
Commissioners, this is something I put on the regular agenda just
because I wanted to put a bow around it. I think it's a good-news
item; otherwise, it would have been a routine sales and purchase
agreement --
COMMISSIONER SOLIS: Absolutely.
MR. OCHS: -- but I know the chair --
COMMISSIONER TAYLOR: I'd like to move approval.
COMMISSIONER SOLIS: Second it.
You should second it.
CHAIRMAN McDANIEL: It doesn't matter.
COMMISSIONER TAYLOR: I think it's such a wonderful
ending to such a contentious issue for so long.
CHAIRMAN McDANIEL: My goodness.
COMMISSIONER TAYLOR: And it's very exciting. I look
forward to seeing the changes.
CHAIRMAN McDANIEL: It's by no means an ending. It's the
beginning of a different end. How about that?
COMMISSIONER TAYLOR: There you go.
COMMISSIONER SOLIS: And I'd like to commend our
chairman for his persistence and --
MR. OCHS: He still owes me a bus barn and a road and bridge
operations center. He knows about that.
CHAIRMAN McDANIEL: We're working on it.
MR. OCHS: We're working on it.
COMMISSIONER SOLIS: But, no, honestly, that's --
congratulations, because your persistence ended with us ending here,
and it's the right thing and a good thing.
CHAIRMAN McDANIEL: It was with the support of the
community, again. And as we go I -- thank you. It's been moved and
seconded that we accept the real estate transaction as printed. Any
September 24, 2019
Page 188
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 #11C
SELECTION OF THE OPTIONS PRESENTED FOR CREATION
OF A COMPLETE COUNT COMMITTEE IN CONJUNCTION
WITH THE UPCOMING 2020 UNITED STATES CENSUS -
MOTION TO SELECT THE PRIVATE SECTOR OPTION WITH
STAFF’S SUPPORT – APPROVED
MR. OCHS: Item 11C is a recommendation to select among the
options presented for creation of a Complete Count Committee in
conjunction with the upcoming 2020 United States Census, and
Mr. Mullins will make a brief presentation.
MR. MULLINS: Thank you. For the record, John Mullins,
Government Affairs Manager.
And at the last board meeting staff was directed to survey and
analyze Complete Count Committees in Florida, and to do this staff
scoured the websites for the other 66 Florida counties, and staff
requested simultaneously that a survey be dispatched by the Florida
September 24, 2019
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Association of Counties, which received about one-third response
from the counties in the time allotted that we had between that
meeting and this one.
We also reached out to the Census Bureau's posted contacts for
the CCCs established at the City of Naples and City of Marco Island
to gauge interest in coordinating with county should the BCC create a
CCC. And I'll have more on that in a moment. Hopefully we won't
get lost in the acronyms. I know it's an acronym-free zone, but...
Staff received an invitation also that was forwarded last week from
Collier County Public Schools to provide a county representative to
their 2020 census work group for their first meeting on Thursday,
October 10th.
Now, as I mentioned, the staff reached out to the City of Naples
and Marco Island to see if their bureau listed CCCs would be
interested in coordinating with the county.
So imagine our surprise to find out that neither municipality has
actually created a committee. And I've been in contact with the
Census Bureau's regional representative for Collier County and Lee
Counties, Michelle Malsbury, who informed me that the bureau's in
the process of merging databases, and the website map and contact
listing likely cannot be trusted.
So the original list of 60 counties derived from this database of
having created CCCs is potentially inaccurate.
Now, however, I can confirm from our research and survey that
at least 25 counties have taken some sort of action to assist in the
census, and five have opted to do nothing.
She also informed me that currently there are no CCCs
established in Collier County, and the City of Naples is going to hear
a presentation on CCCs next month, but the public schools are the
only group about to formally get underway.
She also stated that Lee and Charlotte Counties were no further
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along in the CCC establishment and that most Florida CCCs are in
the formation and educational process with the target of beginning
the bulk of the census awareness mission at the first of next year.
Now, regardless of how you approach achieving a complete
county -- and I notice the screens are not up. I'm sorry. Troy, can
you put that up there. There we go.
Regardless of how you approach achieving a complete count, a
Census Bureau recommendation is to focus particular attention on
census tracks that are expected to have lower response rates. And as
you can see on the Bureau's response outreach area mapper, Collier
County's unincorporated areas of predicted lowest response are
Immokalee and the northeast quadrant of Golden Gate City. It's
expected that between 30 and 50 percent of persons in those tracks
will not respond to the census.
I can also give you an overall historic perspective for Collier
County. After the 2000 census, the response rate in Collier was 64
percent; after the 2010 census, it had increased to 71 percent; and the
Census Bureau's goal for the 2020 census is to get it over 80 percent.
Now, in analyzing the different approaches of Florida county
governments to complete count committees, there are examples all
over the board. They can be condensed into three distinct options.
The first I have labeled the private-sector option. Though, with the
public school's invitation, you could amend that label to include other
public entities. But the result is the same. The BCC didn't create
one. Instead, they allowed more administratively flexible private
sector or other various organizations to create and operate CCCs that,
of course, they could always opt to individually participate.
The second approach was also not to create a committee but to
instruct the county's administrator to use applicable staff, functions,
resources, and programs to increase awareness and participation in
the 2020 census. In particular, Monroe County, by resolution,
September 24, 2019
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anointed (sic) a complete-count coordinator from existing staff that
advances the county's goals of census awareness and participation.
And I'll also say that Monroe County has one of the highest census
response rates at over 93 percent. And they have Key West. Imagine
that. I don't understand how that happened.
Finally, there was the BCC-created option. As labeled, this was
the most direct governmental approach with varied levels of BCC
involvement and Sunshine Law application.
But most of these CCCs had commissioners on or even chairing
the committee. In some cases, the CCCs were required to present an
action plan to the County Commission for consideration and
approval.
Now, in regard to Sunshine Law, some of these counties are
applying it to the main CC Steering Committee that features elected
official participation but not the subcommittees that are mainly
populated by the volunteers. Some limited the CCC role to
information gathering, educational, or fact finding to try and sidestep
Sunshine Law entirely. Still others, recognizing that the CCC may
consider various options, narrow choices, and present
recommendations to the County Commission, opted to specify
compliance with Sunshine Law.
Now, at this point, I'd like to pause for discussion because the
first two of these three options I have just briefly outlined, if selected,
obviously negate the need to go further, and I want to be respectful of
your time.
Now, should you opt for one of the first two, I'm prepared -- if
you're not willing to opt for one of the first two, I'm prepared to
address the BCC-created option in more detail.
CHAIRMAN McDANIEL: Well, I have a whole bunch of
lights up here. We're going to go to Commissioner Saunders first.
COMMISSIONER SAUNDERS: Okay. Nice presentation. I
September 24, 2019
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expect to see you at the comedy club in a few weeks.
I prefer -- just my preference would be the private-sector option
with staff support, staff providing technical support and guidance;
however -- whatever kind of support they would need. That way we
avoid two things. One, there's no Sunshine issue. It's a private
committee, and we're just providing some technical support to it.
And, secondly, it eliminates anybody alleging that we have all
Republicans on the County Commission and, you know, we're not
doing the count properly, we're not directing the committee properly.
So that takes all the politics out of it as far as the County Commission
is concerned.
CHAIRMAN McDANIEL: And that was a private-sector
option, Number 1, you want?
COMMISSIONER SAUNDERS: Yeah, exactly.
And I think we all agree that it's critically important that we get
an accurate count, and we should set up the committee to help -- to
make that happen.
MR. MULLIN: And one thing to keep in mind, regardless of
whatever option you choose to exercise, this only supplements what
the Census Bureau is already doing. The Census Bureau has a
regional representative here. They hire temporary employees for the
census. They will go out. They will advertise. They will try to
increase awareness. But the count will go on.
Anything that any of these options creates just supplements that
effort.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Just briefly describe what a
census volunteer does, or paid volunteer. What do they do? Do they
knock on the door and ask them? What?
MR. MULHERE: Well, most of the time they conduct the
events in the local community and help out with the -- whether it's,
September 24, 2019
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you know, putting out door hangers or passing out brochures at
different events. They also help with the canvassing after the census
takes place on April 1st. So they have varied responsibilities.
COMMISSIONER TAYLOR: But the actual gathering of
information that has to come from the person to the census, or how --
does anybody knock on the door and fill out the blanks while you're
standing there in the doorway?
MR. MULLIN: That's part -- well, not during the census itself.
That's actually something that's done online, and that's a big
enhancement this year is trying to promote more response by doing it
online instead of doing it in a mail-in type form.
COMMISSIONER TAYLOR: Okay.
MR. MULLIN: Now, afterwards, though, they could be part of
that canvass going door to door for, you know, households that didn't
respond.
COMMISSIONER TAYLOR: I would support the
private-sector option. I think it's a great option. We have leadership
in Immokalee that -- the Redlands Christian Migrant Association.
CHAIRMAN McDANIEL: RCMA for us locals.
COMMISSIONER TAYLOR: RCMA. Yeah, RCMA is just
extraordinary. They have their -- they have their hand on the pulse of
that community. They're trusted. I think that's very important. In
Golden Gate City, I'm not sure, but I'm sure it could be identified
there.
I think that it's -- the private-sector option is the way to go,
especially because the school board now is going to get involved; is
that correct?
MR. MULLIN: Yes, ma'am. And we will have a seat at that
table.
COMMISSIONER TAYLOR: And that's really important,
because kids go to school so, you know, you're able to -- teachers talk
September 24, 2019
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to parents. There's some trust involved in that. So good. Thank you.
Private sector.
CHAIRMAN McDANIEL: Commissioner Taylor -- or Solis.
COMMISSIONER SOLIS: I, as well, would like the
private-sector thing, but I am fascinated that there are other local
governments that are creating these so they're not covered by the
Sunshine Law. How one might do that, I don't know. I mean, that's
fascinating to me.
MR. KLATZKOW: Yeah. They argue that it's fact finding.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: Only fact finding.
MR. KLATZKOW: Only fact finding. I'm not sure what facts
you're finding.
COMMISSIONER SOLIS: Yeah, but they're finding
something.
MR. KLATZKOW: Yeah.
COMMISSIONER SOLIS: And if they have to agree on the
findings of the facts --
MR. KLATZKOW: Exactly.
COMMISSIONER SOLIS: -- there's a Sunshine.
MR. KLATZKOW: I think it's a terrible idea.
COMMISSIONER SOLIS: Okay. No, I just found that
interesting. So I would support the private sector as well.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yeah, I do, too. I think a couple of
the problems that you've specified, though, like, for instance, it would
be easier just for them to fill it out online, except maybe if they don't
have a computer or if they have one and they don't understand what
they're doing and they don't -- they have nobody to ask. So it would
be handy-dandy if you could have a central point.
Now, then, some harbor a concern about getting into --
September 24, 2019
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CHAIRMAN McDANIEL: I'm sorry. I was talking to Terri.
Forgive me. I was checking on our court reporter and interrupted
you. I didn't mean to.
COMMISSIONER FIALA: Anyway, I think we just have to
make sure that we try and get into all the nooks and crannies, because
those are the ones -- the people like us, we're going to readily fill it
out. We need to get the people that are hard to reach but are so
important to be in the count.
MR. MULLIN: And one of the things I could also point out to
that fact is some of the counties that did not opt to create a
complete-count committee still participated by opening up their
libraries and allowing those public computers to be accessed by the
citizenry to fill out census forms or offered their WiFi in the library
as well for people to bring in laptops if they didn't have a WiFi
connection available. So there are others ways to promote it.
COMMISSIONER FIALA: And maybe we have to even get
into communities that kind of hide off to themselves, you know, or
that maybe don't speak English or don't understand what the y're
doing or are frightened to do it. We want -- they don't realize that
nobody's going to capture them. We need to know where they are
and who they are, not so much how to reach them or anything else,
but just so that we have a full count.
And somehow we've got to get, like, the ministers or something
to preach it in church. That would be a nice way, because that's
probably the easiest way to reach a lot of those people that are
unreachable otherwise.
CHAIRMAN McDANIEL: Yeah. I had a Haitian minister that
served as an interpreter at my town hall over in Immokalee. And
whatever he said, those people just did. We had a really good
turnout, by the way, because he told them all -- he told his whole
congregation to come to the town hall, and it was really good. We
September 24, 2019
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had some really nice questions.
And from my point is I concur as well. It's imperative that we
have accurate information with regard to this for us as a community
and all of our grant applications, how we manage what we do all day
every day all the way down to FEMA and such. It's imperative that
we have accurate -- and I think that's -- the private-sector option is
the best option for us to, in fact, travel.
So, Commissioner Saunders, since you started it off, you want to
make a motion?
COMMISSIONER SAUNDERS: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we select the Bullet Point 1 private-sector option. Any other
discussion?
COMMISSIONER SAUNDERS: Staff support.
MR. MULLIN: Yes, sir.
CHAIRMAN McDANIEL: Of course. 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: Very good.
Item #11D
ACCEPTANCE OF THE COMPLETED ANNUAL
PERFORMANCE APPRAISAL FOR THE COUNTY MANAGER –
September 24, 2019
Page 197
APPROVED
MR. OCHS: Item 11D is a recommendation to accept the
Annual Performance Appraisal for the County Manager.
COMMISSIONER SOLIS: Motion to approve.
COMMISSIONER TAYLOR: Second.
COMMISSIONER SOLIS: Or accept and approve.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the annual performance analysis and appraisal for the
County Manager. 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.
CHAIRMAN McDANIEL: That was 5-0, by the way.
MR. OCHS: I counted that.
CHAIRMAN McDANIEL: Now we're going to the County
Attorney, and we'll see if he gets it.
MR. OCHS: I do have one more item under 11 that was
moved --
CHAIRMAN McDANIEL: Oh, yeah. Sorry.
Item #11E
September 24, 2019
Page 198
RESOLUTION 2019-183: THE ANNUAL RATE RESOLUTION
TO ESTABLISH THE FEES, RATES, AND CHARGES FOR THE
USE OF COLLIER COUNTY SOLID WASTE FACILITIES,
INCLUDING LANDFILL TIPPING FEES, RECYCLING DROP-
OFF CENTER FEES, AND RESIDENTIAL MULTI-FAMILY AND
COMMERCIAL WASTE COLLECTION FEES FOR FISCAL
YEAR 2020 (FY20). THIS RESOLUTION ADOPTS THE RATES
THAT FUND THE FY20 BUDGET FOR SOLID WASTE
COLLECTION AND DISPOSAL AND INCREASES THE RATE
TO 2.9 PERCENT ON LANDFILL TIPPING FEE AND 2.0
PERCENT FOR RESIDENTIAL SOLID WASTE COLLECTION
ASSESSMENTS – ADOPTED
MR. OCHS: -- this morning from the consent agenda.
This is Item 11E. It was previously Item 16C2. It's a
recommendation to approve the annual rate resolution establishing
the fees and charges for the use of the Collier County Solid Waste
Facilities.
Commissioner Taylor moved this one, so we'll go to you,
ma'am, and get your questions.
COMMISSIONER TAYLOR: And I had some questions from
the public because of news stories.
MS. HODGSON: Sure.
COMMISSIONER TAYLOR: And newspaper stories that –
because of the more -- the more difficulty waste management
companies have to dispose or to recycling. What they're doing is
they're putting it in the landfill, and then what happens is they charge
for recycling but it's really landfill. And then the question's pretty
direct: Why in the world are we paying for recycling?
So I thought, because this was on the agenda, it was probably an
opportune time to put on the record what really is going on probably
September 24, 2019
Page 199
in a short period of time and to get some clarity on the situation.
MS. HODGSON: Sure. I'll leave it up to you, Commissioner
Taylor, if you'd like me to give a couple slide presentations, or if you
want me to just answer your question directly about commercial
recycling.
COMMISSIONER TAYLOR: How do you know that all the
recycling is being recycled?
MS. HODGSON: So Collier County maintains --
MR. OCHS: Your name.
MS. HODGSON: I'm sorry. I'm Keri Hodgson, your Director
of Solid and Hazardous Waste Management.
Collier County maintains the franchise agreement that
guarantees the disposal of the curbside recyclable goods.
COMMISSIONER TAYLOR: Where?
MS. HODGSON: So the curbside recyclable goods, some of
them go to Pembroke Pines. Some of them go to Sarasota based on
the market.
The franchise agreement allows the curbside to go not in the
county landfill. If there's anything that's contaminated, it does not go
in Collier County's landfill, and that's part of the franchisee
agreement.
Your question was specifically to the commercial industry.
Commercial industry is a free market for recycling in Collier County.
So if the -- whoever they have a contract with for their recycling
goods, they can choose if they want to impose a penalty or a fee or a
fine for any contaminated goods of the recycling on the commercial
side.
So when it comes to the residential, it's a guaranteed disposal.
The commercial is a free market.
I'm sure you're aware that the recycling industry is having a lot
of challenges right now making a market. So that's some of the
September 24, 2019
Page 200
reason that the franchisees or whoever they're using for their
collection might be imposing some of those fees or having some
problems with those.
COMMISSIONER TAYLOR: It's more expensive to recycle; is
that it?
MS. HODGSON: Yes. In some areas, yes. In Collier County
right here, it's not an issue.
COMMISSIONER TAYLOR: Okay. I think the story came
from Lee County, but basically it was why should we pay for more
when it's just dumped in the landfill anyway?
So you're saying that here there's a -- there's a -- not a guarantee,
but you have a lot of confidence that what is -- what we put as
recycling, assuming it can be recycled, it's not dumped in our
landfill?
MS. HODGSON: I'm guaranteeing you it's not dumped in our
landfill.
COMMISSIONER TAYLOR: And it would be cost prohibitive
for someone like Waste Management to take it to another landfill
somewhere else? They wouldn't do it; it would just be cost
prohibitive to do it?
MS. HODGSON: It's in their contract that they -- they have to
segregate it because they have to make it clean. China imposed a ban
in 2017; it has to be clean. If they sent anythi ng anywhere and it was
contaminated, they would pay so much more for that cargo to come
back. So you have to have some type of offset.
So they have initiatives on the side to have people have the clean
recycling. They can only regulate the commercial. They cannot do
anything with the curbside. So it is not going in Collier County's
landfill, for what that's worth.
COMMISSIONER TAYLOR: Thank you.
MS. HODGSON: Yep.
September 24, 2019
Page 201
COMMISSIONER TAYLOR: That's it.
CHAIRMAN McDANIEL: Commissioner Fiala?
MS. HODGSON: Any other questions?
COMMISSIONER FIALA: I took -- a couple times I took a
small tour -- well, actually a busload of people over to Pembroke
Pines. I wanted to see for myself, just as you're asking. And we all
went over there and got to see the whole operation of the stuff that
we're shipping over there. It was very, very interesting. Stunk, too.
But, anyway, it was very interesting.
COMMISSIONER TAYLOR: Thank you very much. I'd like
to move approval of 11E.
COMMISSIONER FIALA: Second.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
11E be approved as submitted. 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.
MS. HODGSON: Thank you, Commissioners.
CHAIRMAN McDANIEL: Nice job, Ms. Keri.
Item #12A
ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY
September 24, 2019
Page 202
ATTORNEY – APPROVED
MR. OCHS: Commissioners, that moves us now to 12A. This
is the Annual Performance Appraisal for --
CHAIRMAN McDANIEL: And before we go on to that, I
just -- we're at the hour-and-a-half mark for our court reporter.
COMMISSIONER TAYLOR: We're almost done.
CHAIRMAN McDANIEL: I understand where we are. I want
to ask the court reporter if it's okay if we continue on, because we're
almost done. She's been -- she's expressing being tired, and we do
have a little -- we have a little more time with commissioners'
comments and such. So you going to be able to hang?
COURT REPORTER: (Nods head.)
CHAIRMAN McDANIEL: So please proceed, County
Manager.
MR. OCHS: That was it, sir. I'll turn it to Mr. Klatzkow. It's
his annual performance appraisal.
CHAIRMAN McDANIEL: Oh, yes.
COMMISSIONER SOLIS: I'll make a motion to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept and approve the County Attorney's appraisal for his annual
review. Any other discussion?
(No response.)
COMMISSIONER SOLIS: Only an observation; that he is not
using his grumpy coffee mug today.
CHAIRMAN McDANIEL: There you go.
COMMISSIONER SOLIS: Is that the grumpy coffee mug? Oh,
it is the grumpy coffee mug. That's a new grumpy coffee mug, isn't
it? You've got an upgraded.
September 24, 2019
Page 203
COMMISSIONER FIALA: Maybe somebody felt he needed
more than one.
MR. KLATZKOW: That was a birthday gift.
MR. MILLER: I'm waiting on the shirt that says "I'm with
Grumpy" and has the arrow.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we approve and accept the County Attorney's annual
appraisal. 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. KLATZKOW: Thank you, Commissioners.
CHAIRMAN McDANIEL: Absolutely.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that takes us to Item 15A, BCC
future workshop schedule and staff and commission general
communications.
Again, just a reminder, Commissioners, October 29th in this
chambers will be your Mental Health and Addiction Ad Hoc
Committee workshop where you'll hear the proposed strategic plan
September 24, 2019
Page 204
by the ad hoc committee. We're looking forward to that.
CHAIRMAN McDANIEL: Yes, we are.
MR. OCHS: That's all I have, Mr. Chairman.
CHAIRMAN McDANIEL: Okay. County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN McDANIEL: Madam Clerk?
THE CLERK: Nothing. Thank you.
CHAIRMAN McDANIEL: Commissioner Solis?
COMMISSIONER SOLIS: I would just like to express my
amazement at what a cruel world we live in, because not only does
Commissioner Saunders have more black in his beard, but he has
twice as much hair as I have, and he's way older than I am. So I'm
just -- I just want to make that -- and put that on the record that I feel
personally slighted by the universe.
COMMISSIONER SAUNDERS: I like to think that I'm just a
little bit more mature than you.
COMMISSIONER SOLIS: That's all I have.
COMMISSIONER FIALA: Well, I love being in this comedy
show. It was wonderful. I was a good audience, too, I'm sure.
CHAIRMAN McDANIEL: Commissioner Fiala, since we're to
you, let's go. Do you have comments?
COMMISSIONER FIALA: Yes. I would like to remind
everything to mark your calendars way ahead of time for the
Farm-City Barbecue the day before Thanksgiving, because we're all
going to be serving food there. I guess not you; you're going to not
be here.
CHAIRMAN McDANIEL: Not me.
COMMISSIONER FIALA: But the rest of us are all going to be
doing that. And for those out there who are glued to their television
sets, I'm selling tickets for Farm-City Barbecue, and they're 20 bucks
apiece. And I'd love to have you-all buy them because $15 of the 20
September 24, 2019
Page 205
bucks goes to the kids in the community, and -- which I think is just
wonderful, and the other goes to pay the bands, and we're going to
have Ben Allen Band there, so, you know, you have to be there.
COMMISSIONER SOLIS: Where is it this year?
COMMISSIONER FIALA: It's downtown.
COMMISSIONER SOLIS: At Cambier. That's what I thought.
COMMISSIONER FIALA: Cambier Park. Thanks for asking
that.
COMMISSIONER SOLIS: That's what I thought.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Yes. We got a request from
the Park and Recreation Advisory Board to proceed to the naming of
the adaptive sailing center in East Naples at the Sugden Park after
Murdo Smith. And I know we have a process to go through for
naming things, but I'd like to go ahead and put that on the a genda.
The -- I think all of us were at the memorial service for Murdo Smith,
and there was a just an incredible outpouring of community support
for his family and a recognition of what he did to really establish that
sailing center.
COMMISSIONER FIALA: That's so great. I would like to
second the motion if that's a motion.
COMMISSIONER SAUNDERS: Yes.
COMMISSIONER FIALA: I want to tell you, Burt hung
around a lot at Sugden Park and worked with the kids on their water
skiing programs and everything for a long time there, and so he
knows that park well. So what are we going to name after Murdo?
COMMISSIONER SAUNDERS: The adaptive sailing center.
CHAIRMAN McDANIEL: You want to bring that forward? I
see all kinds of head nods here for that, so...
COMMISSIONER SAUNDERS: And then, secondly, I think
the County Attorney's going to bring forward some amendments to
September 24, 2019
Page 206
our smoking ordinance to include the -- make sure that vaping is
prohibited in county facilities. And the one question I had in
reference to that is I assume that the vaping prohibition can apply to
all vaping, not just tobacco, flavored vaping, or products that have
nicotine in them, but any flavored vaping, all of that, so...
MR. KLATZKOW: Yes. And it will be at your next meeting.
COMMISSIONER SAUNDERS: Yeah, great. Thank you.
CHAIRMAN McDANIEL: We'll see how that goes.
Commissioner Taylor.
COMMISSIONER TAYLOR: He didn't say chewing tobacco.
He said vaping.
CHAIRMAN McDANIEL: I heard what he said. I quit
chewing tobacco a long time ago.
COMMISSIONER TAYLOR: I just would like some
information, County Manager, where we are with Station 41 or 14 --
or 41, I think it is. I mean, we have -- did we ever do a first right of
refusal? Where are we with that?
MR. OCHS: The commissioner's referring to North Collier Fire
Station 40 there on Pine Ridge Road --
COMMISSIONER TAYLOR: Forty.
MR. OCHS: -- which we made an offer -- we, the Board, made
an offer to purchase a few months ago. They've had a new chief
since then, and I'm advised by our Chief Butcher that their board has
suspended any decision on that to allow the chief to evaluate some
other options about where they might want to locate within the
district.
So we're monitoring that, Commissioner. Once the fire board
makes some decisions about that particular issue, we'll certainly
advise the board and take whatever follow-up action you-all direct.
COMMISSIONER TAYLOR: So in a sense they've withdrawn
their --
September 24, 2019
Page 207
MR. OCHS: Yes. It's not on the market right now.
COMMISSIONER TAYLOR: Okay. Okay. Do we have -- I
don't know the process, the legal process. But if it's been withdrawn,
we really can't put in a first right of refusal, right?
MR. OCHS: Yeah. It's not active right now. We're watching it
closely. And they know that the Board is interested, so I would
suspect they would give us an opportunity even if they had another
offer.
COMMISSIONER TAYLOR: You would suspect.
MR. OCHS: I would suspect.
COMMISSIONER TAYLOR: I'll hold you to that, sir.
MR. OCHS: Yes, ma'am.
COMMISSIONER TAYLOR: Thank you. That's it.
CHAIRMAN McDANIEL: And I have -- I have no additional
comments whatsoever. What are you making a face about now?
COMMISSIONER TAYLOR: I can't believe it.
CHAIRMAN McDANIEL: First time?
COMMISSIONER TAYLOR: It's because you're chewing
some -- what are you chewing?
CHAIRMAN McDANIEL: A piece of candy.
Having said that, I'll see you all in October.
**** Commissioner Taylor moved, seconded by Commissioner Fiala
and carried that the following items under the Consent and Summary
Agendas be approved and/or adopted ****
Item #16A1
THE CLERK OF COURTS TO RELEASE A CASH BOND IN THE
AMOUNT OF $56,620 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
September 24, 2019
Page 208
AUTHORIZATION (EWA) (PL20170004022) FOR WORK
ASSOCIATED WITH VANDERBILT RESERVE
Item #16A2
SUPPLEMENTAL AGREEMENT #2 TO LAP AGREEMENT
#436971-1-98-01, GIVING COLLIER COUNTY'S TRAFFIC
MANAGEMENT CENTER APPROVAL TO PROCURE ALL
REQUIRED TRAFFIC COUNT STATION EQUIPMENT AND
ACCESSORIES NEEDED; TO AUTHORIZE EXPENDITURES
EXCEEDING $50,000 TO PURCHASE THE REQUIRED
EQUIPMENT INCLUDING REPAIRS AND UPGRADES
THROUGH A SINGLE/SOLE SOURCE PROCUREMENT; AND
TO AUTHORIZE EXPENDITURES OF APPROXIMATELY
$50,000 PER FISCAL YEAR, THROUGH FY-2023, FOR
LICENSING, SOFTWARE, MAINTENANCE, REPLACEMENT
AND REPAIRS
Item #16A3
AGREEMENTS NO. 20CO1; 20CO2; 20CO3 WITH THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) BUREAU OF BEACHES AND COASTAL
SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE
PROGRAM FOR FUNDING REIMBURSEMENT AND SUPPORT
FOR COLLIER COUNTY BEACH RENOURISHMENT AND
INLET MANAGEMENT PROJECTS
Item #16A4
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
September 24, 2019
Page 209
ACCRUED VALUE OF $144,830.13 FOR PAYMENT OF $1,000
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. JOHN V. MELICK JR TR,
RELATING TO PROPERTY LOCATED AT 5130 ALPHA CT.,
COLLIER COUNTY, FLORIDA - DUE TO VIOLATIONS
CONSISTING OF TORN SCREENS OF AN ACCESSORY
STRUCTURE, A REAR PATIO AND A ROOF IN A STATE OF
DISREPAIR AND BROUGHT INTO COMPLIANCE ON
OCTOBER 19, 2018
Item #16A5
RESOLUTION 2019-167: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF AVE MARIA UNIT 13, MIDDLEBROOKE
TOWNHOMES, APPLICATION NUMBER AR-10581, AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A6
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR GREYHAWK AT GOLF CLUB OF THE EVERGLADES
PHASE 2B, PL20170003252 AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE AMOUNT OF $4,000 TO
THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT – LOCATED EAST OF COLLIER BLVD.
ON VANDERBILT BEACH ROAD EXT.
September 24, 2019
Page 210
Item #16A7
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR HEARTLAND DENTAL,
PL20180000503, ACCEPT THE CONVEYANCE OF A PORTION
OF THE POTABLE WATER FACILITIES, AND TO AUTHORIZE
THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE
THE UTILITIES PERFORMANCE SECURITY (UPS) AND
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$6,458.50 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – FOLIO #49660084469
Item #16A8
RECORDING THE MINOR FINAL PLAT OF VYNE HOUSE AT
TALIS PARK TRACT “B” REPLAT, APPLICATION NUMBER
PL20190000891 – LOCATED OFF OF LIVINGSTON ROAD AT
THE LEE/COLLIER COUNTY LINE
Item #16A9
ENTERING INTO A REVOCABLE LICENSE AGREEMENT
WITH THE GOLDEN GATE ESTATES AREA CIVIC
ASSOCIATION, INC. (GGEACA) FOR THE PURPOSE OF THE
INSTALLATION OF TWO GROUND SIGNS WITHIN COUNTY
RIGHT-OF-WAY – IDENTIFYING A REGION OF THE COUNTY
ALONG IMMOKALEE ROAD
Item #16A10
RESOLUTION 2019-168: THE SUBMITTAL OF A
September 24, 2019
Page 211
BEAUTIFICATION GRANT APPLICATION TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR A PROJECT IN
WHICH COLLIER COUNTY WILL BE REIMBURSED, UP TO
$103,616.88, FOR MEDIAN IRRIGATION AND LANDSCAPING
IMPROVEMENTS ON STATE ROAD US 41 NORTH (PINE
RIDGE ROAD TO GULF PARK DRIVE)
Item #16A11
RESOLUTION 2019-169: THE SUBMITTAL OF A
BEAUTIFICATION GRANT APPLICATION TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR A PROJECT IN
WHICH COLLIER COUNTY WILL BE REIMBURSED, UP TO
$101,655, FOR MEDIAN IRRIGATION AND LANDSCAPING
IMPROVEMENTS ON STATE ROAD 951 (MAINSAIL DRIVE
TO FIDDLER’S CREEK PARKWAY)
Item #16A12
RESOLUTION 2019-170: THE SUBMITTAL OF A
BEAUTIFICATION GRANT APPLICATION TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR A PROJECT IN
WHICH COLLIER COUNTY WILL BE REIMBURSED, UP TO
$104,302.25, FOR MEDIAN IRRIGATION AND LANDSCAPING
IMPROVEMENTS ON STATE ROAD 951 (JOLLEY BRIDGE TO
MCILVANE BAY BRIDGE)
Item #16A13
BUDGET AMENDMENTS RECOGNIZING REVENUE AND
TRANSFER FUNDING FOR PROJECTS WITHIN THE
September 24, 2019
Page 212
TRANSPORTATION SUPPORTED GAS TAX FUND (313),
TRANSPORTATION & CDES CAPITAL FUND (310) AND
STORMWATER CAPITAL IMPROVEMENT FUND (325) IN THE
AMOUNT OF $486,206.02 (PROJECTS #60066, #60085, #60088,
#69331, #69333, #69338 AND #60102) – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16A14
RESOLUTION 2019-171: THE SUBMITTAL OF A
BEAUTIFICATION GRANT APPLICATION TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR A PROJECT IN
WHICH COLLIER COUNTY WILL BE REIMBURSED, UP TO
$103,522.75, FOR MEDIAN IRRIGATION AND LANDSCAPING
IMPROVEMENTS ON STATE ROAD US 41 NORTH (GULF
PARK DRIVE TO VANDERBILT BEACH ROAD)
Item #16A15
A MEMORANDUM OF AGREEMENT BETWEEN COLLIER
COUNTY AND THE BIG CYPRESS NATIONAL PRESERVE
DETAILING THE TERMS OF A COMBINED EFFORT TO
IMPROVE HYDROLOGIC CONDITIONS WITHIN THE
WETLANDS AND WATERSHEDS OF A PORTION OF THE BIG
CYPRESS NATIONAL PRESERVE, NEAR AND ALONG
WAGON WHEEL ROAD – PART OF THE OCHOPEE SHEET
FLOW RESTORATION PLAN
Item #16A16
BUDGET AMENDMENTS TO RECOGNIZE REVENUE, IN THE
September 24, 2019
Page 213
AMOUNT OF $141,220.20, WITHIN STORMWATER CAPITAL
FUND (325) - TO INSTALL STORMWATER EQUIPMENT AND
PROVIDE ACCESS TO AND MAINTENANCE OF THE WEIR
ON HENDERSON CREEK CANAL
Item #16A17
SECOND AMENDMENT TO THE AMENDED AND RESTATED
DEVELOPER AGREEMENT (DA) BETWEEN THE DEVELOPER
OF PARKLANDS PLANNED UNIT DEVELOPMENT,
PARKLANDS ASSOCIATES I, LLLP (DEVELOPER) AND
COLLIER COUNTY (COUNTY) TO EXTEND THE DATE OF
THE INTERSECTION IMPROVEMENTS AT LOGAN
BOULEVARD AND IMMOKALEE ROAD AND TO EXTEND
THE COMPLETION DATE OF THE LOGAN NORTH PHASE
TWO CONSTRUCTION – EXTENDING THE BRIDGE
IMPROVEMENTS TO NO LATER THAN MAY 31, 2020 AND
JANUARY 31, 2020 FOR LOGAN BLVD. PHASE TWO
Item #16A18
A COOPERATIVE AGREEMENT BETWEEN THE U.S.
DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE
SERVICE, FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, AND COLLIER COUNTY TO FACILITATE
MARINE DEBRIS REMOVAL ON LAND UNITS OF TEN
THOUSAND ISLAND NATIONAL WILDLIFE REFUGE,
COLLIER COUNTY AND STATE OF FLORIDA – FOR
DAMAGE AND DEBRIS CAUSED BY HURRICANE IRMA
Item #16A19
September 24, 2019
Page 214
AN AMENDMENT TO THE DEVELOPER AGREEMENT
BETWEEN CITYGATE DEVELOPMENT, LLC, 850 NWN LLC,
AND CG II, LLC (DEVELOPER) AND COLLIER COUNTY
(COUNTY) TO DEFINE ACCESS POINTS ALONG CITY GATE
BOULEVARD NORTH FOR THE INDIVIDUAL LOTS AND TO
THE COLLIER COUNTY SPORTS COMPLEX AND EVENT
CENTER
Item #16B1
THE ATTENDANCE OF TWO IMMOKALEE AND TWO
BAYSHORE/GATEWAY TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD MEMBERS AT THE
FLORIDA REDEVELOPMENT ASSOCIATION 2019 ANNUAL
CONFERENCE; AUTHORIZE PAYMENT OF ATTENDEES’
REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM
THE CRA TRUST FUND (FUND 186/187); AND DECLARE THE
TRAINING RECEIVED AS SERVING A VALID PUBLIC
PURPOSE – TO BE HELD OCTOBER 16-18, 2019 IN TAMPA
Item #16B2
AWARD SOLICITATION NO. 19-7569, WATER MAIN
IMPROVEMENTS ON BECCA AVE & PINE ST (FIRE
SUPPRESSION PHASE-2), TO DOUGLAS N. HIGGINS, INC., IN
THE AMOUNT OF $677,111, AUTHORIZE NECESSARY
BUDGET AMENDMENTS AND AUTHORIZE THE CHAIRMAN
TO SIGN THE AGREEMENT – TO UPGRADE THE EXISTING
POTABLE WATER MAINS AND INSTALL NEW, AND/OR
UPGRADED FIRE HYDRANTS
September 24, 2019
Page 215
Item #16C1
AWARD INVITATION TO BID #19-7572, “LEAK DETECTION
SERVICES,” TO UTILITY SERVICES ASSOCIATES, LLC FOR
LEAK DETECTION SERVICES FOR THE COLLIER COUNTY
WATER-SEWER DISTRICT
Item #16C2 – Moved to Item #11E (Per Agenda Change Sheet)
Item #16C3
THE SELECTION COMMITTEE’S RANKINGS AND
AUTHORIZING STAFF TO ENTER INTO CONTRACT
NEGOTIATIONS WITH THE TOP-RANKED FIRM, CDM
SMITH, INC., FOR REQUEST FOR PROFESSIONAL SERVICES
NO. 19-7583, “NESA WELLFIELD” (PROJECT #70194) - FOR
THE DESIGN, PERMITTING AND CONSTRUCTION
ADMINISTRATIVE SERVICES FOR WELLS TO BE
CONSTRUCTED DURING VARIOUS PHASES OF THE NESA
INFRASTRUCTURE IMPROVEMENTS
Item #16C4
AGREEMENT FOR SALE AND PURCHASE FOR THE SOLID
AND HAZARDOUS WASTE MANAGEMENT DIVISION TO
ACQUIRE 2.5 ACRES OF VACANT LAND IN THE RESOURCE
RECOVERY BUSINESS PARK FOR A TOTAL COST NOT TO
EXCEED $21,000 (PROJECT #59012) – FOLIO #00291120003
Item #16C5
September 24, 2019
Page 216
THE COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE
AMENDING ORDINANCE NO. 2005-54, AS AMENDED,
WHICH ESTABLISHED MANDATORY SOLID WASTE
COLLECTION, BY ADDING PROVISIONS RELATED TO THE
BEARWISE PROGRAM
Item #16C6
THE SELECTION COMMITTEE’S RANKING OF REQUEST
FOR PROFESSIONAL SERVICES (“RPS”) NO. 19-7540,
“DESIGN BUILD COLLIER COUNTY I-75 AND 951 UTILITY
RELOCATION PROJECT,” AND AUTHORIZE STAFF TO
BEGIN CONTRACT NEGOTIATIONS WITH THE TOP-
RANKED FIRM OF QUALITY ENTERPRISES USA, INC., SO
THAT STAFF CAN BRING A CONTRACT BACK TO THE
BOARD AT A LATER MEETING
Item #16C7
AWARD REQUEST FOR QUOTATION UNDER CONTRACT
#19-7525, “TEMPORARY KITCHEN FACILITY FOR COLLIER
COUNTY JAIL” TO CAPITAL CONTRACTOR, IN THE
AMOUNT OF $379,944.60 – THE MAIN JAIL KITCHEN IS
CLOSED FOR RENOVATIONS
Item #16C8 – Withdrawn (Per Agenda Change Sheet)
RECOMMENDATION TO TERMINATE THE TECHNICAL
ASSISTANCE INTERLOCAL AGREEMENT BETWEEN
COLLIER COUNTY, THE COLLIER COUNTY WATER-SEWER
September 24, 2019
Page 217
DISTRICT, AND THE CITY OF EVERGLADES CITY,
CONSISTENT WITH THE CITY'S REQUEST
Item #16C9
A BUDGET AMENDMENT FROM RESERVES APPROPRIATED
IN THE DEDICATED COLLIER COUNTY COURTHOUSE
CAPITAL IMPROVEMENTS FUND 181, IN THE AMOUNT OF
$2,154,376.65, FOR SPECIFIED EXTERIOR AND INTERIOR
CAPITAL IMPROVEMENTS TO THE FACILITY
Item #16D1
AN AGREEMENT RELATED TO THE AWARD OF
INVITATION TO BID (ITB) #19-7627 TO ENHANCE FOUR BUS
STOPS ON FLEISCHMANN BOULEVARD, TO INCLUDE TWO
PULL OUTS AND TWO SHELTER IMPROVEMENTS, TO
COASTAL CONCRETE PRODUCTS, LLC D/B/A COASTAL
SITE DEVELOPMENT IN THE AMOUNT OF $261,050.00 AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE
AGREEMENT
Item #16D2
AN AGREEMENT FOR SALE AND PURCHASE WITH MARY
BETH KOCH, AS TRUSTEE OF THE RANDALL K. KOCH
DECLARATION OF TRUST DATED FEBRUARY 2, 1994, FOR
1.14 ACRES UNDER THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM AT A COST NOT TO EXCEED
$17,150 – PROPERTY LOCATED WITHIN THE WINCHESTER
HEAD MULTI-PARCEL PROJECT IN GOLDEN GATE ESTATES
September 24, 2019
Page 218
Item #16D3
A SETTLEMENT AGREEMENT WITH ATKINS NORTH
AMERICA, INC. AND QUALITY ENTERPRISES USA, INC., TO
CURE A WORK DEFECT PERFORMED AT BUS STOP SITE
#137 – LOCATED ON US 41 AND LAKEWOOD BLVD.
Item #16D4
RESOLUTION 2019-172: REMOVAL OF UNCOLLECTIBLE
RECEIVABLES IN THE AMOUNT OF $3,939.03 FROM THE
FINANCIAL RECORDS OF THE PARKS AND RECREATION
DIVISION IN ACCORDANCE WITH RESOLUTION NO. 2006-
252 AND AUTHORIZE THE CHAIR TO EXECUTE
RESOLUTION
Item #16D5
THREE (3) MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE COMBINED AMOUNT OF $10,500 AND AN ASSOCIATED
BUDGET AMENDMENT FOR $3,000 – PROPERTY LOCATED
AT 5350 BROWARD ST., 10322 KINGDOM CT. AND 5433
CATTA STREET
Item #16D6
THE FY2019-2020 STATE AID TO LIBRARIES GRANT AND
AUTHORIZE THE CHAIRMAN TO SIGN THE GRANT
AGREEMENT #20-ST-08 REQUIRED FOR THE SUBMISSION
September 24, 2019
Page 219
OF THE GRANT APPLICATION TO THE FLORIDA
DEPARTMENT OF STATE, DIVISION OF LIBRARY AND
INFORMATION SERVICES FOR FUNDING IN THE
ESTIMATED AMOUNT OF $221,697 AND AUTHORIZE THE
COUNTY MANAGER OR DESIGNEE TO SIGN ALL
CERTIFICATIONS – SUBMISSION DEADLINE IS OCTOBER 1,
2019
Item #16D7
THE FY19-20 COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED SHIRLEY CONROY RURAL CAPITAL
EQUIPMENT SUPPORT GRANT, IN THE AMOUNT OF $71,206
AND A LOCAL MATCH IN THE AMOUNT OF $7,912 FOR THE
PROCUREMENT OF ONE (1) CUTAWAY TRANSIT VEHICLE
AND AUTHORIZE NECESSARY BUDGET AMENDMENTS
(TOTAL FISCAL IMPACT $79,118)
Item #16D8
THE EXECUTION OF THE FLORIDA DEPARTMENT OF
STATE DIVISION OF HISTORICAL RESOURCE SMALL
MATCHING GRANT AWARD CONTRACT 20.H.SM.100.020, IN
THE AMOUNT OF $50,000, ASSOCIATED BUDGET
AMENDMENT, AND AN “AFTER-THE-FACT”
ENCUMBRANCE REQUIREMENT EXTENSION REQUEST FOR
A SITE DEVELOPMENT AND LANDSCAPE PLAN FOR
MARGOOD HARBOR PARK HISTORIC COTTAGE SITE –
EXTENDING THE DATE UNTIL OCTOBER 30, 2019 IF STATE
APPROVED
September 24, 2019
Page 220
Item #16D9
AN AGREEMENT IN THE AMOUNT OF $699,366 WITH THE
AGENCY FOR HEALTH CARE ADMINISTRATION, APPROVE
AN AGREEMENT WITH COLLIER HEALTH SERVICES, INC.,
AND AUTHORIZE NECESSARY BUDGET AMENDMENTS TO
PARTICIPATE IN THE MEDICAID LOW INCOME POOL
PROGRAM, GENERATING $800,685 IN FEDERAL MATCHING
FUNDS THAT WILL PROVIDE ADDITIONAL HEALTH
SERVICES FOR THE CITIZENS OF COLLIER COUNTY
Item #16D10
A BUDGET AMENDMENT IN THE AMOUNT OF $311,454.68
FROM VARIOUS PROJECTS IN THE PARKS' CAPITAL FUND
(306) TO PROVIDE ADDITIONAL PARKING ALONG
HAMILTON AVENUE FOR BAYVIEW PARK PATRONS – FOR
PERMANENT OVERFLOW PARKING WITHIN THE
HAMILTON AVENUE (ROW) AND THE REQUIRED
SIDEWALK CONNECTION ON DANFORD STREET FROM
HAMILTON AVE TO BAYVIEW PARK
Item #16D11
AN AGREEMENT FOR REQUEST FOR QUALIFICATIONS NO.
19-7646, “GENERAL CONTRACTORS FOR PUBLIC TRANSIT
CONSTRUCTION PROJECTS,” TO CHRIS-TEL COMPANY OF
SOUTHWEST, FL, INC., D/B/A CHRIS-TEL CONSTRUCTION,
CAPITAL CONTRACTORS, LLC, WAYPOINT CONTRACTING,
INC., AND NR CONTRACTORS, INC. – FOR BUS STOP
SHELTERS WITH AMENITIES AND/OR IMPROVE EXISTING
September 24, 2019
Page 221
STOPS TO BECOME AMERICANS WITH DISABILITIES ACT
(“ADA”) COMPLIANT
Item #16E1
EIGHTH AMENDMENT TO THE AGREEMENT FOR MEDICAL
EXAMINER SERVICES (CONTRACT NO. 11-5776 MEDICAL
EXAMINER), WHICH WILL EXTEND THE TERM OF THE
AGREEMENT TO SEPTEMBER 30, 2020 – AGREEMENT W/DR.
MARTA U. COBURN
Item #16E2
RECOGNIZING ACCRUED INTEREST FROM THE PERIOD
APRIL 1, 2019 THROUGH JUNE 30, 2019 EARNED BY EMS
COUNTY GRANT AND APPROPRIATE FUNDS FOR A TOTAL
AMOUNT OF $1,025.06
Item #16E3
A DISTRIBUTION FROM THE RAYMOND CARL HOWARD
CREDIT SHELTER TRUST OF 2003, IN THE AMOUNT OF
$19,438.92 TO SPECIFICALLY BE USED FOR COLLIER
COUNTY EMERGENCY MEDICAL SERVICES RESCUE WORK
AND AUTHORIZE THE CHAIRMAN TO APPROVE THE
REQUIRED RECEIPT OF BENEFICIARY, WAIVER OF
JUDICIAL ACCOUNTING, RELEASE OF LIABILITY AND
NECESSARY BUDGET AMENDMENT
Item #16E4
September 24, 2019
Page 222
RESOLUTION 2019-173: ADOPTING THE PAY AND
CLASSIFICATION PLANS FOR THE COUNTY MANAGER’S
AGENCY AND COUNTY ATTORNEY’S OFFICE EFFECTIVE
OCTOBER 1, 2019; TO APPROVE THE CREATION OF NEW
CLASSIFICATIONS, MODIFICATION AND/OR DELETION OF
CLASSIFICATIONS, AND ASSIGNMENT OF PAY RANGES
FROM THE PROPOSED PAY AND CLASSIFICATION PLANS,
FROM JULY 1, 2019 FORWARD, USING THE EXISTING
POINT-FACTOR JOB EVALUATION SYSTEM, AND
AUTHORIZE DEFERRED COMPENSATION MATCHING FOR
ALL REGULAR FULL-AND PART-TIME EMPLOYEES BELOW
THE DIVISION DIRECTOR LEVEL EFFECTIVE JANUARY 1,
2020
Item #16E5
THE PURCHASE OF FLOOD INSURANCE FOR FY2020 TO
PROTECT THE COUNTY’S REAL AND PERSONAL
PROPERTY ASSETS IN THE ESTIMATED ANNUAL AMOUNT
OF $464,578
Item #16E6
THE PURCHASE OF EXCESS WORKERS’ COMPENSATION
INSURANCE FROM ARCH INSURANCE COMPANY FOR
FY2020 IN THE ESTIMATED ANNUAL AMOUNT OF $157,219
Item #16E7
THE PURCHASE OF AIRCRAFT AND AIRPORT INSURANCE
FROM THE MEMBER COMPANIES OF GLOBAL AEROSPACE
September 24, 2019
Page 223
IN THE ESTIMATED ANNUAL AMOUNT OF $66,848 AND TO
AUTHORIZE STAFF TO BIND COVERAGE ON THE NEW MED
FLIGHT HELICOPTER AT THE TIME OF DELIVERY
Item #16E8
THE PURCHASE OF LIABILITY, AUTOMOBILE AND OTHER
INSURANCE COVERAGE FOR FY 2020 IN THE ESTIMATED
ANNUAL AMOUNT OF $856,464
Item #16E9
AN ASSUMPTION AGREEMENT WITH BOUND TREE
MEDICAL, LLC ASSIGNING ALL RIGHTS, DUTIES AND
BENEFITS, AND OBLIGATIONS UNDER INVITATION TO BID
(ITB) #16-6593 – DUE TO THE PURCHASE OF ASSETS OF
MIDWEST MEDICAL SUPPLY COMPANY ON JUNE 20, 2019
Item #16E10
RESOLUTION 2019-174: A FLORIDA EMERGENCY MEDICAL
SERVICES COUNTY GRANT APPLICATION, REQUEST FOR
GRANT FUND DISTRIBUTION FORM AND RESOLUTION TO
FUND TRAINING AND MEDICAL/RESCUE EQUIPMENT FOR
COLLIER COUNTY EMS IN THE AMOUNT OF $63,560
Item #16E11
THE SELECTION COMMITTEE’S RANKING OF REQUEST
FOR PROFESSIONAL SERVICES (“RPS”) NO. 18-7432-SC,
“PROFESSIONAL SERVICES LIBRARY - SCADA
September 24, 2019
Page 224
ENGINEERING AND INTEGRATION CATEGORY,” AND
AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS
WITH THE TOP FIVE RANKED FIRMS, SO THAT PROPOSED
AGREEMENTS MAY BE BROUGHT BACK FOR THE BOARD’S
CONSIDERATION AT A SUBSEQUENT MEETING – TO FIVE
RANKED FIRMS: TETRA TECH, INC., CAROLLO ENGINEERS,
INC., MCKIM & CREED, INC., AECOM TECHNICAL
SERVICES, INC., AND JACOBS ENGINEERING GROUP, INC.
Item #16E12
THE SELECTION COMMITTEE’S RANKING OF REQUEST
FOR PROFESSIONAL SERVICES (“RPS”) NO. 18-7432-UC,
“PROFESSIONAL SERVICES LIBRARY - UTILITY
COLLECTION & DISTRIBUTION,” AND AUTHORIZE STAFF
TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP
EIGHT RANKED FIRMS, SO THAT PROPOSED AGREEMENTS
MAY BE BROUGHT BACK FOR THE BOARD’S
CONSIDERATION AT A SUBSEQUENT MEETING – TOP
EIGHT RANKED FIRMS: JOHNSON ENGINEERING, INC., Q.
GRADY MINOR & ASSOCIATES, P.A., TETRA TECH, INC.,
AECOM TECHNICAL SERVICES, INC., STANTEC
CONSULTING SERVICES, INC., CARDNO, INC., CAROLLO
ENGINEERS, INC., AND CDM SMITH, INC.
Item #16E13
SELECTION COMMITTEE’S RANKING OF REQUEST FOR
PROFESSIONAL SERVICES (“RPS”) NO. 18-7432-CZ,
“PROFESSIONAL SERVICES LIBRARY - COASTAL
ENGINEERING,” AND AUTHORIZE STAFF TO BEGIN
September 24, 2019
Page 225
CONTRACT NEGOTIATIONS WITH THE TOP THREE
RANKED FIRMS, SO THAT PROPOSED AGREEMENTS MAY
BE BROUGHT BACK FOR THE BOARD’S CONSIDERATION
AT A SUBSEQUENT MEETING – TOP THREE RANKED
FIRMS: APTIM ENVIRONMENTAL INFRASTRUCUTRE LLC,
HUMISTON & MOORE ENGINEERS, P.A., AND TAYLOR
ENGINEERING, INC.
Item #16E14
EXTENDING THE EXISTING CONTRACT TO WALLACE
INTERNATIONAL TRUCK, INC., UNDER AGREEMENT #15-
6497, “INTERNATIONAL TRUCK PARTS” FOR A PERIOD OF
SIX MONTHS TO ALLOW STAFF TO COMPLETE SOLICITING,
AND TO PREVENT A LAPSE IN THIS SERVICE
Item #16E15
EXTENDING THE EXISTING CONTRACT TO GILLIG LLC
UNDER AGREEMENT #15-6479, “GILLIG BUS PARTS” FOR A
PERIOD OF SIX MONTHS TO ALLOW STAFF TO COMPLETE
SOLICITING, AND TO PREVENT A LAPSE IN THIS SERVICE
Item #16E16
TRANSFERRING DUPLICATE TITLES TO THE PURCHASER
OF COUNTY VEHICLES PREVIOUSLY SOLD AT AUCTION
ON APRIL 29, 2017, AND TO APPROVE A HOLD HARMLESS
AND INDEMNITY AGREEMENT WHEREBY THE
PURCHASER AGREES TO HOLD HARMLESS AND
INDEMNIFY THE COUNTY FOR ANY POTENTIAL CLAIMS
September 24, 2019
Page 226
RELATING TO THOSE PURCHASED VEHICLES SINCE THE
DATE OF SALE – FOR 9 LOST TITLES
Item #16E17
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16E18
THE SALE AND DISPOSAL OF SURPLUS ASSETS PER
RESOLUTION 2013-095 VIA PUBLIC AUCTION ON
NOVEMBER 1 & 2, 2019; APPROVE THE ADDITION OF
SURPLUS ITEMS RECEIVED SUBSEQUENT TO THE
APPROVAL OF THIS AGENDA ITEM FOR SALE IN THE
AUCTION; AND AUTHORIZE THE PROCUREMENT
DIRECTOR, AS DESIGNEE FOR COUNTY MANAGER, TO
SIGN FOR THE TRANSFER OF VEHICLE TITLES
Item #16E19
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL – ONE CHANGE ORDER MODIFYING
CONTRACTS BY $0.00, ONE AFTER-THE-FACT MEMO WITH
A FISCAL IMPACT OF $771.68 AND NO AMENDMENTS
Item #16F1
September 24, 2019
Page 227
RESOLUTION 2019-175: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2018-19 ADOPTED
BUDGET
Item #16F2
AGREEMENT WITH THE PARTNERSHIP FOR COLLIER’S
FUTURE ECONOMY, INC., AN AFFILIATE OF THE GREATER
NAPLES CHAMBER OF COMMERCE, IN CONTINUED
SUPPORT OF THE ESTABLISHED PUBLIC-PRIVATE
PARTNERSHIP DESIGNED TO ADVANCE THE COUNTY’S
ECONOMIC DEVELOPMENT EFFORTS - ADDING NEW
RESPONSIBILITIES FOR THE PARTNERSHIP, INCLUDING
PRODUCING KEY DATA POINTS ON A MONTHLY,
QUARTERLY AND ANNUAL BASIS, THROUGH RESEARCH
AND REPORTING ON BUSINESS RETENTION AND
EXPANSION VISITS TO PROVIDE AGGREGATE DATA FROM
THESE VISITS
Item #16F3
AGREEMENT WITH THE FLORIDA GULF COAST
UNIVERSITY SMALL BUSINESS DEVELOPMENT CENTER, IN
THE AMOUNT OF $25,000, IN CONTINUED SUPPORT OF
COLLIER COUNTY’S SMALL BUSINESS COMMUNITY AND
ONGOING ENTREPRENEURIAL EFFORTS - PROVIDING
MENTORING/COACHING ASSISTANCE TO BUSINESSES,
EDUCATION AND WORKSHOPS FOR LOCAL BUSINESSES,
AND INFORMATION AND RECOMMENDATIONS ON RISK
September 24, 2019
Page 228
MANAGEMENT ASSOCIATION (RMA) REVIEWS WHEN
REQUESTED BY COUNTY STAFF
Item #16F4
A ONE-YEAR EXTENSION TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE EARLY
LEARNING COALITION OF SOUTHWEST FLORIDA INC., TO
PROVIDE LOCAL MATCH FUNDING IN THE AMOUNT OF
$75,000 IN FISCAL YEAR 2020 – PROVIDING RESOURCES
AND REFERRAL SERVICES, ELIGIBILITY AND
ENROLLMENT, REIMBURSEMENT TO CHILDCARE
PROVIDERS, CHILD DEVELOPMENTAL SCREENINGS,
PROVIDER MONITORING, INCLUSION, AND TRAINING
Item #16F5
THE STRATEGIC ALLIANCE MEMORANDUM WITH THE U.S.
SMALL BUSINESS ADMINISTRATION TO ENHANCE
EFFORTS TO SUPPORT THE COLLIER COUNTY SMALL
BUSINESS COMMUNITY – HELPING SMALL BUSINESSES
THROUGH WORKSHOPS AND PARTNER EDUCATION
REGARDING EXPORTING OPPORTUNITIES, DISASTER
ASSISTANCE, LENDING AND PROCUREMENT
Item #16F6
A PILOT PROGRAM AND PARTNERSHIP WITH THE NAPLES
BOTANICAL GARDEN FOR THE LANDSCAPING DESIGN
AND CONSTRUCTION AT THE COLLIER COUNTY SPORTS
September 24, 2019
Page 229
AND SPECIAL EVENT COMPLEX
Item #16F7
THE FY2020 ACTION PLAN FOR THE COUNTY MANAGER
Item #16F8
TOURIST DEVELOPMENT TAX GRANT AGREEMENTS FOR
FY20 MARKETING & EVENT GRANTS ($70,550) AND NON-
COUNTY OWNED/OPERATED MUSEUM GRANTS ($946,521),
AUTHORIZE NECESSARY BUDGET AMENDMENT AND
MAKE A FINDING THAT THESE EXPENDITURES PROMOTE
TOURISM – AGREEMENTS WITH ARTIS-NAPLES,
GULFSHORE OPERA, NAPLES - MARCO ISLAND REGION
AACA, HOLOCAUST MUSEUM, NAPLES BOTANICAL
GARDEN, GOLISANO’S CHILDREN’S MUSEUM AND THE
NAPLES ZOO
Item #16F9
FIRST AMENDMENT TO AGREEMENT #19-068-NS FOR A
SIXTY-DAY EXTENSION TO THE TEMPORARY
MAINTENANCE AGREEMENT WITH THE GULF COAST
JUNIOR GOLF TOUR, INC., D/B/A THE FIRST TEE OF
NAPLES/COLLIER (“THE FIRST TEE”) FOR MAINTENANCE
ACTIVITIES AT THE GOLDEN GATE GOLF COURSE TO
ALLOW FOR ADDITIONAL TIME TO PROVIDE GOLF
COURSE MAINTENANCE AND OPERATIONS SERVICES AND
TO COMPLETE ITS REPORT ON THE CONDITIONS AND
NEEDS OF THE GOLDEN GATE GOLF COURSE
September 24, 2019
Page 230
Item #16G1
RESOLUTION 2019-176: THE REMOVAL OF UNCOLLECTIBLE
ACCOUNTS RECEIVABLE IN THE AMOUNT OF $2,506.18
FROM THE FINANCIAL RECORDS OF THE AIRPORT
AUTHORITY FUND (495) IN ACCORDANCE WITH
RESOLUTION 2006-252 AND AUTHORIZE THE CHAIR TO
EXECUTE THE RESOLUTION
Item #16H1 – Moved to Item #10C (Per Agenda Change Sheet)
Item #16J1
TAX COLLECTOR REQUEST FOR ADVANCED
COMMISSIONS IN ACCORDANCE WITH FLORIDA STATUTE
192.102(1) FOR FY2020
Item #16J2
EXTENDING THE 2019 TAX ROLL AT THE REQUEST OF TAX
COLLECTOR LARRY RAY - DUE TO THE VOLUME OF
VALUE ADJUSTMENT BOARD HEARINGS
Item #16J3
RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN AUGUST 29, 2019 AND
September 24, 2019
Page 231
SEPTEMBER 11, 2019 PURSUANT TO FLORIDA STATUTE
136.06
Item #16J4
BOARD APPROVED AND DETERMINED VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF SEPTEMBER 18, 2019
Item #16K1
A STIPULATED FINAL JUDGMENT TO SETTLE FINAL
COMPENSATION FOR THE TAKING OF PARCEL 438RDUE, IN
THE AMOUNT OF $18,834.50, INCLUDING STATUTORY
ATTORNEY FEES AND COSTS, AND EXPERT FEES AND
COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V.
KINH THI PHAM, ET AL, CASE NO. 17-CA-1473, REQUIRED
FOR THE GOLDEN GATE BOULEVARD EXPANSION
PROJECT NO. 60145. (FISCAL IMPACT: $15,434.50)
Item #16K2
A STIPULATED FINAL JUDGMENT TO SETTLE FINAL
COMPENSATION FOR THE TAKING OF PARCEL 432RDUE, IN
THE AMOUNT OF $12,000, INCLUDING STATUTORY
ATTORNEY FEES AND COSTS, AND EXPERT FEES AND
COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V.
ANGEL CRESPO, ET AL, CASE NO. 17-CA-1386, REQUIRED
FOR THE GOLDEN GATE BOULEVARD EXPANSION
PROJECT NO. 60145. (FISCAL IMPACT: $10,200)
September 24, 2019
Page 232
Item #16K3 – Moved to Item #12B (Per Agenda Change Sheet)
Item #16K4
RESOLUTION 2019-177: APPOINTING THOMAS J.
IANDIMARINO TO CONSERVATION COLLIER LAND
ACQUISITION ADVISORY COMMITTEE
Item #16K5
RESOLUTION 2019-178: RE-APPOINTING THOMAS
EASTMAN TO THE CCPC, REPRESENTING THE DISTRICT
SCHOOL BOARD
Item #16K6
THE HIRING OF LAWRENCE A. FARESE, ESQ., FOR
MEDIATION SERVICES IN THE CONTRACT DISPUTE CASE
STYLED JOHNSON CONTROLS, INC. V. COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, CASE NO. 2019-CA-
3326, NOW PENDING IN THE TWENTIETH JUDICIAL
CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA, AND
AUTHORIZE THE COUNTY ATTORNEY TO RETAIN MR.
FARESE UNDER THE TERMS SPECIFIED IN THE MEDIATION
RATES AND PROCEDURE SHEET
Item #16K7
FY 2019-2020 ACTION PLAN FOR JEFFREY A. KLATZKOW,
COUNTY ATTORNEY
September 24, 2019
Page 233
Item 17A
ORDINANCE 2019-20: AMENDING ORDINANCE NUMBER
2004-41, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF AN ADDITIONAL 5.85± ACRES OF
LAND ZONED PLANNED UNIT DEVELOPMENT TO THE
SIENA LAKES CCRC CPUD; BY AMENDING ORDINANCE
NUMBER 09-65, AS AMENDED, THE SIENA LAKES CCRC
CPUD, TO ADD 5.85± ACRES FROM THE ORANGE BLOSSOM
GARDENS PUD TO THE SIENA LAKES CCRC CPUD; BY
INCREASING THE MAXIMUM SQUARE FOOTAGE FROM
764,478 TO 878,889 SQUARE FEET; BY INCREASING THE
MAXIMUM NUMBER OF INDEPENDENT LIVING UNITS
FROM 355 TO 431 UNITS AND INCREASING THE MAXIMUM
NUMBER OF ASSISTED LIVING BEDS FROM 35 TO 47 BEDS;
BY ADDING SALES AND MARKETING AS A PERMITTED
INDOOR ACCESSORY USE; BY REDUCING SETBACKS FROM
THE SOUTH AND WEST PROPERTY LINES, BY REDUCING
THE MINIMUM SQUARE FOOTAGE OF ASSISTED LIVING
UNITS, BY INCREASING THE LANDSCAPE BUFFER ON THE
SOUTH PROPERTY LINE, AND REVISING THE MASTER
PLAN TO REFLECT THE ADDITIONAL ACREAGE AND
MODIFIED SITE LAYOUT; BY ADDING ONE DEVIATION
AND REMOVING ONE DEVIATION RELATING TO
LANDSCAPE BUFFERS, AND MODIFYING DEVELOPER
COMMITMENTS. THE SUBJECT PROPERTY IS LOCATED ON
THE NORTH SIDE OF ORANGE BLOSSOM DRIVE, JUST EAST
OF AIRPORT- PULLING ROAD, IN SECTION 1, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
September 24, 2019
Page 234
CONSISTING OF 35.1± ACRES; PROVIDING FOR REPEAL OF
THE ORANGE BLOSSOM GARDENS PUD, ORDINANCE
NUMBER 92-75, AS AMENDED; AND BY PROVIDING AN
EFFECTIVE DATE [PL20180001174]
Item #17B
RESOLUTION 2019-179: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2018-19 ADOPTED
BUDGET
Item #17C
RESOLUTION 2019-180: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2019-20 ADOPTED
BUDGET
*****
September 24, 2019
Page 235
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:25 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
______________________________________
WILLIAM L. McDANIEL, JR., CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
_____________________________
These minutes approved by the Board on ____________, as
presented ______________ or as corrected _____________.
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.