BCC Minutes 03/10/2015 R BCC
REGULAR
MEETING
MINUTES
March 10, 2015
March 10, 2015
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 10, 2015
LET IT BE REMEMBERED, that the Collier County
Commissioners, in and for the County of Collier, having conducted
business herein, me 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: Tim Nance
Donna Fiala
Tom Henning
Georgia Hiller
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Office of the Clerk of Courts
Tim Durham, Executive Manager of Business Operations
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
March 10, 2015
9:00 AM
Commissioner Tim Nance, District 5 — BCC Chair
Commissioner Donna Fiala, District 1 — BCC Vice-Chair; CRA Chair
Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair
Commissioner Tom Henning, District 3 — PSCC Chair
Commissioner Penny Taylor, District 4— TDC Chair; CRA Vice-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
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March 10, 2015
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DEPARTMENT.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Michael Bannon - Crossroads Community Church of Naples
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
B. February 10, 2015 - BCC/Regular Meeting
3. SERVICE AWARDS
4. PROCLAMATIONS
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March 10,2015
A. Proclamation designating March 21, 2015 as Save the Florida Panther Day.
To be accepted by Tom Trotta, President, Friends of Florida Panther Refuge.
B. Proclamation designating March 15-22, 2015 as Sunshine Week in Collier
County. To be accepted by Robert St. Cyr, Director of Community
Outreach, Clerk of Courts, Collier County.
C. Proclamation designating March 12-22 as the 39th Annual Collier County
Fair and 4-H Show & Auction Days. To be accepted by Pat Cookson, Lou
Hoegsted, Shannon Hubbel, and Nico Vitale.
D. Proclamation designating March 2015 as Bicycle Awareness and Safety
Month in Collier County. To be accepted by representatives of the Naples
Pathway Coalition: Beth Brainard, Executive Director; Jane Cheffy,
President; Deb Chesna, Secretary; and Joe Bonness, Director.
E. Proclamation honoring Murray Hendel for his many contributions and years
of dedicated service to the Collier County community. To be accepted by
Murray Hendel.
5. PRESENTATIONS
A. This item continued from the February 24, 2015 BCC Meeting.
Recognition of Ron Jamro, Director of the Collier County Museum, for
being selected as the winner of the 2014 "Star in the Arts" award bestowed
by the United Arts Council of Collier County.
B. Presentation of the Collier County Business of the Month for March 2015 to
IBERIABANK. To be accepted by David Gordley, Executive Vice
President, Market President, IBERIABANK; Brandon Box, Senior Vice
President, Commercial Group Manager, IBERIABANK; Yvette Saco,
Senior Vice President, Retail Market Manager, IBERIABANK; and Kristi
Bartlett, Vice President, Business Development, the Greater Naples
Chamber of Commerce.
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
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March 10, 2015
OR FUTURE AGENDA
Item #8 and#9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. In the event that the Board concludes all other agenda items prior to
1:30 p.m., this item may be heard before then. Recommendation to
approve an ordinance amending Ordinance Number 04-41, as amended, the
Collier County Land Development Code, which includes the comprehensive
land regulations for the unincorporated area of Collier County, Florida, by
providing for: Section One, Recitals; Section Two, Findings of Fact; Section
Three, Adoption of Amendments to the Land Development Code, more
specifically amending the following: Chapter 1 - General Provisions,
including section 1.08.02 Definitions; Chapter Five - Supplemental
Standards, including section 5.05.05 Automobile Service Stations, more
specifically, to allow Automobile Service Stations with more than 8 fuel
pumps within 300 feet of residential property to seek approval through a
public hearing and to allow new residential property within 300 feet of an
Automobile Service Station with more than 8 fuel pumps to seek approval
through a public hearing; Section Four, Conflict and Severability; Section
Five, Inclusion in the Collier County Land Development Code; and Section
Six, Effective Date.
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to confirm the appointment of Mr. Nick Casalanguida to
the position of Deputy County Manager. (Leo E. Ochs, Jr., County
Manager)
B. Recommendation to recognize a portion of Rock Road, from Immokalee
Road to Mingo Road within the Rock Road Municipal Service Taxing Unit
(MSTU), which has been regularly maintained by the County for more than
the immediate past seven years: (1) as having been dedicated and deeded to
the County as a public road; (2) to approve a Resolution in support; (3) to
authorize the Board's Chairman to file a map with the Clerk of Court
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March 10,2015
certifying ownership has vested with the County; and, (4) to authorize a loan
in the amount of $285,000 to the Rock Road MSTU for the purpose of
paving that portion of Rock Road from Immokalee Road to Mingo Road,
and to approve all necessary budget amendments. (Michelle Arnold, Public
Transit Division Director)
C. Recommendation to accept a status report regarding existing and proposed
off-leash dog parks within the County Parks system. (Barry Williams, Parks
and Recreation Division Director)
D. Recommendation to adopt the FY 2016 Budget Policy. (Mark Isackson,
Corporate Financial and Management Services Division Director)
E. This item to be heard at 10:00 a.m. This item continued from the
February 10, 2015 BCC meeting. Recommendation to approve a Lease
Agreement with Kraft Office Center LLC for dedicated office space to house
the Countys Soft Landing Business Accelerator program and a Sublease of
that Lease Agreement to Economic Incubators, Inc. and approve necessary
budget amendments. (Bruce Register, Office of Business and Economic
Development Division Director)
F. This item to be heard immediately following Item 11D. Recommendation
to approve the First Amendment to the Agreement between Economic
Incubators, Inc. and the Board of County Commissioners. (Bruce Register,
Office of Business and Economic Development Division Director)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule.
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March 10,2015
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DIVISION
1) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve an Easement Use Agreement (Agreement) for Lot 12
according to the plat of Candlewood Two as recorded at Plat Book 26,
Pages 34 through 35 of the public records of Collier County.
2) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
accept an alternate security for that subdivision known as Sierra
Meadows, (Application Number AR-2340) and enter into the standard
form Construction, Maintenance and Escrow Agreement.
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Millbrook at Fiddler's
Creek Replat, Application Number PL2015000110.
4) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Mandalay Place, (Application
Number PL20130001582) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security. (Companion to Agenda Item #16D8)
5) Recommendation to approve a release of code enforcement lien with
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March 10, 2015
an accrued value of$18,729.13, for payment of$679.13, in the code
enforcement action entitled Board of County Commissioners v Elsa
M. Flores and Carlos Flores, Special Magistrate Case No.
CEPM20130018044, relating to property located at 4650 25th Ct. SW,
Collier County, Florida.
6) Recommendation to approve two releases of code enforcement liens
with a combined accrued value of$316,600, for payment of$1,000, in
the code enforcement action entitled Board of County Commissioners
v. Kirstin C. Martucci, Code Enforcement Board Case Nos.
CELU20110006574 and CESD20110008406, relating to property
located at 311 16th Avenue NE, Collier County, Florida.
7) Recommendation to approve the release of a code enforcement lien
with an accrued value of$1,914.43, for payment of$714.43, in the
code enforcement action entitled Board of County Commissioners v.
Valente Hernandez, Special Magistrate Case No.
CENA20130015260, relating to property located at 980 Auto Ranch
Road (Lot 19), Collier County, Florida.
8) Recommendation to adopt a Resolution amending Resolution 2014-
37, which amended Resolution 2009-58, relating to the Stewardship
Sending Area (SSA) with a designation as "SSA 10"; approving the
extension of certain dates to March 10, 2018 in the Stewardship
Sending Area Credit Agreement and the Escrow Agreement for SSA
10.
9) Recommendation to award Invitation to Bid (ITB) No. 15-6376
Rattlesnake-Hammock Road from US 41 East to Collier Blvd
Maintenance to Affordable Landscaping Service & Design, LLC.
10) Recommendation to approve an Adopt-a-Road Program Agreement
for the roadway segment of Goodlette Frank Road from Creech Road
to Pine Ridge Road, with two (2) recognition signs at a total cost of
$60 with the volunteer group, Alice Miller, Realtor with Amerivest
Realty.
11) Recommendation to approve an Adopt-a-Road Program Agreement
for the roadway segment of Airport Pulling Road from Golden Gate
Parkway to Radio Road, with two (2) recognition signs at a total cost
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March 10, 2015
of$60 with the volunteer group, Bohaychyk Enterprises, Inc.
12) Recommendation to approve an Adopt-a-Road Program Agreement
for the roadway segment of Golden Gate Parkway from Goodlette
Frank Road to Airport Pulling Road, with two (2) recognition signs at
a total cost of$60 with the volunteer group, Gulf Coast Runners.
13) Recommendation to cancel the Adopt-a-Road Agreement with
sponsor Palmetto Ridge High School Band to allow the roadway
segment of Oil Well Road from Immokalee Road to east of the High
School to become available for adoption as part of the Adopt-a-Road
Program.
14) Recommendation to approve an Adopt-A-Road Program Agreement
for the roadway segment of Vanderbilt Drive from Wiggins Pass Road
to Bonita Beach Road, with two (2) recognition signs at a total cost of
$60 with the volunteer group, Palmetto Ridge High School,
Ambassador's Club.
15) Recommendation to approve a Work Order with CB&I Coastal
Planning & Engineering, Inc. to provide professional engineering
services for FEMA Response Assistance under Contract No. 13-6164-
CZ for a Time and Material amount not to exceed $5,492 (Fund No.
001-103010) and authorize the County Manager or his designee to
execute the work order.
16) Recommendation to approve a proposal from Humiston & Moore
Engineers for Collier County Beaches and Inlets Annual Monitoring
for 2015 under Contract No. 13-6164-CZ, authorize the County
Manager or his designee to execute the work order for a not to exceed
amount of $1 63,795 and makes a finding that this expenditure
promotes tourism.
17) Recommendation to adopt the proposed Resolution relating to the
2015 Floodplain Management Plan Update in order to identify, assess,
and mitigate flood risk in order to better protect the people and
property of Collier County from the effects of flood hazards.
18) This item continued from the February 24, 2015 BCC Meeting.
Recommendation to award Invitation to Bid (ITB) #14-6247 for
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Purchase and Deliveries of Fungicides, Pesticides and Herbicides to
multiple vendors, Aligare LLC, Crop Production Services, Inc.,
Helena Chemical Company, Red River Specialties, Inc., John Deere
Landscapes, and Univar USA, Inc.
19) Recommendation to accept 1) A status report on the County's
Community Rating System (CRS) 5-year cycle evaluation and 2) A
progress report on updating the Digital Flood Insurance Rate Map
(DFIRM) and on the corresponding proposed work plan.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Board of County
Commissioners (BCC), acting as the Collier County Community
Redevelopment Agency (CRA), review and approve the Bayshore
Gateway Triangle and Immokalee CRA's 2014 Annual Reports,
forward the reports to the Board of County Commissioners and Clerk
of Courts and publish public notice of the filing.
2) Recommendation that the Collier County Board of County
Commissioners (BCC) acting as the Community Redevelopment
Agency (CRA) approve, after-the-fact, submittal of the attached
Community Development Block Grant (CDBG) applications to fund
two programs within the Immokalee Community Redevelopment
Area, totaling $1,210,000.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve selection committee rankings and to
enter into contract negotiations with Stantec Consulting Services, Inc.,
AECOM Technical Services, Inc., and Hole Montes, Inc., under
Request for Proposal Number 14-6345, "Construction, Engineering,
and Inspection Services for the Wastewater Basin Program," Project
Numbers 70043, 70044, 70046, 70050, and 70051 and direct staff to
bring the three negotiated contracts to the Board for subsequent
approval.
2) Recommendation to approve a licensing Agreement with WCI
Communities, Inc., to allow the use of county-owned real property on
a short-term basis for temporary access and construction staging.
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March 10,2015
3) Recommendation to approve a Purchase and Sale Agreement with
Melva E. Abreu at a cost not to exceed $321,700 to purchase property
in Naples Park for the relocation of a wastewater pump station as part
of the Wastewater Basin Program. (Project Number 70046)
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a substantial amendment to the U.S.
Housing and Urban Development CDBG FY2013-2014 HUD Annual
Action Plan and approve a Second Amendment to Agreement with the
Collier County Housing Authority, Inc. for the Community
Development Block Grant Electrical Replacement Project to correct
subrecipient's business title, extend completion date, reduce
agreement allocation, modify number of units to be rehabilitated and
corresponding beneficiary total and update language.
2) Recommendation to approve a mortgage satisfaction for the Tuscan
Isles Apartments in the amount of$200,000.
3) Recommendation to reject RFP No. 14-6301 for Design Services for
Clam Pass Park Boardwalk and Restroom Facility and not proceed
with the negotiated contract with Q. Grady Minor and Associates,
P.A., reduce the project scope to include repair and or replacement
work, and re-solicit with a new Request for Proposal.
4) Recommendation to approve two revised Memoranda of
Understanding with the Southwest Florida Workforce Development
Board, Inc. for the delivery of the 21st Century Community Learning
Centers swimming skills and drowning prevention "Miracle Plus 1"
And "Miracle Plus 2" programs.
5) Recommendation to authorize a process for Parks and Recreation to
reinstate delinquent accounts.
6) Recommendation to approve an after-the-fact grant application for a
3-year U.S. Department of Justice, Office on Violence Against
Women - Justice for Families Grant that is part of the Victims
Advocacy Organization Grant Program.
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7) Recommendation to approve an after-the-fact grant application for
$516,816 to fund the expansion of the Immokalee Sports Complex
Fitness Center through the FY2015-2016 Housing and Urban
Development (HUD) Community Development Block Grant (CDBG).
8) Recommendation to approve a standard Donation Agreement that
allows Mandalay Place, LLC to donate a 1.14 acre parcel along with a
management endowment of$3,544.45 to the Conservation Collier
Land Acquisition Program under the offsite vegetation retention
provision of the Land Development Code LDC Sec 3.05.07H.1.f.iii.
(b), at no cost to the County, and authorize the Chairman to sign the
Donation Agreement and staff to take all necessary actions to close.
(Companion to agenda item 16A4. The companion item must be
approved or this item will be continued to another BCC meeting)
9) Recommendation to award ITB No. 15-6401, North Collier Regional
Park Concessionaire Services, to Zacks Food Cart Ministry Catering
Inc. and to authorize the Chairman to execute the attached Agreement.
10) Recommendation to acknowledge the termination letter from
Community Development Block Grant (CDBG) subrecipient, Grace
Place for Children and Families Incorporated, for the Campus
Expansion and Renovation Project in the amount of$300,000.
11) Recommendation to approve the sale of 402 3rd Street, Immokalee
and authorize staff to deposit the funds received from the sale into the
State Housing Initiative Partnership Program Trust Fund.
12) Recommendation to approve and authorize the submittal of Florida
Department of Environmental Protection Division of State Lands
Sovereignty Submerged Land Lease Renewal and Modification for
the Goodland Boating Park, Ramp and Docking reflecting an increase
in submerged lands from 47,753 square feet to 48,740 square feet and
a 10-year extension.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to recognize interest earned by EMS County Grant
revenue and appropriate funds for a total amount of$262.39.
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2) Recommendation to approve the sale and disposal of surplus property
per Resolution 2013-095 for the sale of Collier County Surplus
property on April 18, 2015; ratify the Naples Airport space lease for
the event; authorize the County Manager or designee to sign for the
transfer of vehicle titles; and, accept the report referencing the sale,
scrap and donation and disbursement of funds associated with the
County on-line auctions held during the last quarter.
3) Recommendation to approve the conveyance of a Grant of Easement
to FPL FiberNet, LLC for providing fiber connection to the Collier
County Jail.
4) Recommendation to reject all Bids for Invitation to Bid (ITB) #14-
6359 for "On-Call Mechanical Contractors".
5) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
6) Recommendation to approve and adopt, by Resolution, the updated
Collier County's Multi-Jurisdictional Local Mitigation Strategy
(LMS) (formerly the Hazard Mitigation Plan) for Collier County and
its jurisdictions.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve an assignment of impact fee credits in
the amount of$23,215.83 held by the First Congregational Church for
right of way that was conveyed to the County per Resolution 08-335.
2) Recommendation to approve Category "B" Tourist Tax funding in the
amount of$8,100 to support three upcoming 2015 events under the
Sports Event Assistance Program and make a finding that these
expenditures promote tourism.
3) Recommend approval of Tourist Development Tax Category "B"
funding to support the Pro Watercross World Championships,
September 19-28; 2015 up to $90,500; authorize the Chairman to
execute the agreement and make a finding that this expenditure
promotes tourism.
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March 10, 2015
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2014-15 Adopted Budget.
5) Recommendation to review and approve proposed changes to the FY
16 Tourist Development Council Grant Applications for Category B,
C-2 and Sports Event Assistance; and make a finding that this item
promotes tourism.
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, approves a Collier County Airport Authority
Standard Form Lease and a Rider to Collier County Airport Authority
Standard Form Lease with Gulf Coast Design Products, Inc. at the
Immokalee Regional Airport.
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to reappoint a member to the Haldeman Creek
Dredging Maintenance Advisory Committee.
2) Recommendation to appoint two members to the Black Affairs
Advisory Board.
3) Recommendation to appoint a member to the Historical
Archaeological Preservation Board.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to authorize execution of the grant award for the
Collier County Sheriffs Office FY2014-2015 INVEST grant award in
the amount of$105,035 and appropriate a budget amendment.
2) Recommendation to approve a budget amendment in the amount of
$1,000 for a donation previously received by the Supervisor of
Elections
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3) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of February 19 through
February 25, 2015.
4) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of February 26 through
March 4, 2015.
K. COUNTY ATTORNEY
1) Recommendation by the Collier County Health Facilities Authority to
approve a resolution authorizing the Authority to issue revenue bonds
for health care facilities at Moorings Park and Moorings Park at Grey
Oaks.
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20150000090 to disclaim, renounce and vacate the County's interest in
the 15-foot County Utility Easement (C.U.E.) running through Tract A of
Briarwood Plaza, as recorded in Plat Book 17, pages 24 through 25 of the
public records of Collier County, Florida, located in Section 31, Township
49 South, Range 26 East, Collier County, Florida.
B. Recommendation to review and approve (adopt) the 2013 Cycle 2 Growth
Management Plan Amendment - Immokalee big box store project.
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March 10,2015
(Adoption Hearing) (Companion to PUD rezone petition PUDZ-
PL20130001241, SR29 Commercial Planned Unit Development (CPUD)).
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance No. 2004-41, as amended, the Collier County Land
Development Code, which established the 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 an Agriculture (A) zoning district
with a Mobile Home Overlay (A-MHO) to a Commercial Planned Unit
Development (CPUD) zoning district within the State Road 29 Commercial
Overlay Subdistrict (SR29COSD) to allow up to 162,000 square feet of
commercial uses for a project to be known as the SR 29 CPUD on property
located at the northwest quadrant of SR-29 and Westclox Street in Section
29, Township 46 South, Range 29 East, Collier County, Florida consisting
of 24.99± acres; and by providing an effective date (PUDZ-
PL20130001241) [(COMPANION TO PL20130001345/CP-2013-8].
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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March 10, 2015
March 10, 2015
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN NANCE: Ladies and gentlemen, good morning.
Welcome to the Board of County Commissioners meeting of March
10th. I would ask in order for us to have the best possible meeting at
this time, please turn all your electronic devices on silent so that we
don't get interrupted.
At this time I will ask everyone to rise for the invocation, which
will be given this morning by Pastor Michael Bannon, and remain
standing for the pledge, which will be led by Commissioner Hiller.
Item #1 A
INVOCATION AND PLEDGE OF ALLEGIANCE — INVOCATION
GIVEN BY PASTOR MICHAEL BANNON FROM CROSSROADS
COMMUNITY CHURCH OF NAPLES
PASTOR BANNON: Good morning. Let's pray together.
Heavenly Father: We thank you for the privilege of living in this
beautiful county. We thank you for your presence here with us even
this morning. We're grateful for our Commissioners, your servants for
our good. And you call on us to pray for them, that it might go well
for us, that we might lead peaceable and quiet lives, yes, even Godly
lives.
I pray that you would bless our Commissioners this day with
wisdom and insight into the affairs of our county. Help them, Lord
God, in their decision-making.
And help us as well to be good citizens, that we might cooperate
with them in every way.
And so we commit this time to you. Glorify yourself, we pray,
amen.
(Pledge of Allegiance was recited in unison.)
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March 10, 2015
CHAIRMAN NANCE: Thank you. And our thanks to the
Crossroads Community Church of Christ this morning. Thank you
very much, sir.
Mr. Ochs, would you like to introduce the agenda for us this
morning, sir?
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Yes, sir, Mr. Chairman. Good morning,
Commissioners. These are your proposed agenda changes for the
Board of County Commissioners' meeting of March 10th, 2015.
The first proposed change is to move Item 16.C.2 from your
consent agenda to become Item 11.G on your regular agenda. It's a
temporary access licensing agreement. And that move has been made
at the request of Commissioner Henning.
The next proposed change is to add an item onto your agenda to
become Item 11.H on your regular agenda. This is a recommendation
to add an item to your 2015 State Legislative priorities list with an
opportunity for some increased funding for local water resource
projects. That's added at staffs request.
The next proposed change is to continue Item 16.D.7 to the
March 24th, 2015 Board Meeting. That's a CDBG block grant
application. We have a little more tweaking to do.
Next proposed change is to continue Item 16.F.3 to the March
24th Meeting. That change is made at Commissioner Hiller's request.
We have three agenda notes of corrections this morning. The first
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March 10, 2015
on Item 16.A. 1. That item was advertised as requiring ex parte
disclosure. It does not require ex parte disclosure.
16.F.2, there was a reference to a Tourist Development Council
Meeting approval. That was approved on the February 23rd, 2015
TDC meeting, not the May meeting.
And also, the same correction on Item 16.F.3 is the February 23rd
TDC Meeting, not the May 23rd Meeting.
We have two time certain hearing items this morning,
Commissioners. The first is Item 11.E to be heard at 10:00 a.m., and
then immediately following that item you will hear Item 11.F.
Also a couple other scheduling notes, Commissioners. With
respect to Item 7, your public comments on general topics not on the
commission agenda, that item is typically scheduled to be heard no
sooner than 1:00 p.m. However, in the event that the Board may
conclude their regular business prior to 1 :00 p.m., this item would be
heard immediately following the conclusion of the regular business.
And the same goes for Item 9.A, your advertised public hearing,
in the event that the Board would conclude all other agenda items prior
to 1 :30, then that item may be heard before that time.
Those are all the changes I have this morning, Mr. Chairman.
CHAIRMAN NANCE: Thank you, Mr. Ochs.
At this time we will have any additional changes from
commissioners and ex parte communication.
Commissioner Taylor?
COMMISSIONER TAYLOR: I have no ex parte communication
to declare except for brief discussions with staff.
CHAIRMAN NANCE: No additional changes?
COMMISSIONER TAYLOR: No.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you very much.
On item number 16.A.2, I've had a couple meetings on the Sierra
Page 4
March 10, 2015
Meadows issue.
Let me just go down here.
COURT REPORTER: Commissioner Fiala, could I please have
you speak into the microphone.
COMMISSIONER FIALA: I'm so sorry. Thank you, Cherie'.
I'm sorry. I have a tiny dainty voice, is that what you're trying to say?
On the Briarwood Plaza -- oh, no, that's on the summary agenda,
excuse me. On the Briarwood Plaza I've had a few meetings on that
one, as well as spoken with different people. And on the 16.C,
Westclox Street, I've had a staff report, and actually I've talked to a
couple people about that within the Planning Commission. Thank you.
CHAIRMAN NANCE: Yes, I have no further -- you have no
further changes, ma'am?
COMMISSIONER FIALA: No, sir.
CHAIRMAN NANCE: No further changes for Commissioner
Fiala.
I have no further changes. I have no ex parte other than Item
17.C, which is the State Road 29 CPUD. I have read the staff report
and had meetings with counsel and representatives from the petitioner.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you. I have no changes to
the agenda. And as far as the consent agenda, I have no disclosure.
And with respect to the summary agenda for 17.C, I've had meetings
and calls, in addition to reviewing the staff report.
I do have to step away, Commissioner Nance, just for a few
minutes at the start of this meeting. I -- as you know, I've been
appointed to the statewide committee on Cycling Safety, and that
committee is meeting this morning. Our bill that we introduced
through Collier County is going to be heard in the transportation
committee tomorrow. It's a very significant meeting because if we
make it through the transportation committee, we're going to be
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March 10, 2015
moving through this session. If it doesn't get approved by
transportation, then unfortunately we're going to have to wait 'til next
year to introduce that bill. So I'm going to attend the meeting this
morning to encourage the cycling committee to go before the
commission and to support the bill that we're advancing, and then I
will be back.
So I would like to, before I step away, congratulate those who are
receiving proclamations and recognitions today. Specifically, I'd like to
congratulate Friends of the Florida Panther Refuge for all they are
doing.
I would like to congratulate Collier County and Collier County
Government, all governments, for supporting sunshine in government.
It is Sunshine Week, March 15th through the 22nd.
I'd like to congratulate the Collier County Fair and 4-H for all
they do for the community.
And of course very importantly especially today, the recognition
that March is Bicycle Awareness and Safety Month in Collier County.
And very importantly, Murray Hendel.
Murray, where are you? Where are you, Murray?
Oh Murray, we love you. And I want to welcome you to District
2. I am so happy you're now my constituent. And thank you for all
you've done and more importantly, for all you're going to do.
CHAIRMAN NANCE: I don't think there was any disclosure
that Mr. Hendel was moving to District 2.
COMMISSIONER HILLER: I want you to know, Commissioner
Coyle is very jealous, but I'm sure he'll get over it.
To the Arts Council for their Stars in the Arts award. And of
course IberiaBank that has been an outstanding community citizen and
volunteer in every way. Thank you.
CHAIRMAN NANCE: Thank you. And thank you for
representing us. And we will be here anxiously awaiting your return.
Page 6
March 10, 2015
COMMISSIONER HILLER: Thank you, I will give you a report
when I get back.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Good morning. I don't have any
further changes to today's agenda.
17.C, I did receive staffs correspondence to the Planning
Commission. And Murray Hendel, there is an elected position in
District 2 coming up in 2016. That's all I have.
(At which time, Commissioner Hiller exits the Boardroom.)
CHAIRMAN NANCE: Thank you. All right, before we approve
today's agenda, Mr. Miller informs me that we have three speakers for
items on today's consent agenda.
MR. MILLER: That is correct, sir, we have three speakers for
two items. Your first speaker is Marvin Courtright on Item 16.G.1.
He will be followed by Michael Seef.
MR. COURTRIGHT: Marvin Courtright, resident of Naples,
Florida.
I want to present you an audit that was prepared a year ago, and
am only presenting it in hopes that it could be reviewed in compliance
with the executive summary addressing incubator number two in
Immokalee.
I have here the audit done by the County Clerk, and here is the
executive summary done by the people here. And there are multiple,
multiple errors and misconceptions in regard to this summary. And I
recommend you consider tabling this until it's reviewed for compliance
with the itemized areas that they're involved with in incubator number
two. And that's my reason for speaking.
CHAIRMAN NANCE: Thank you.
MR. COURTRIGHT: Any questions?
COMMISSIONER FIALA: That's our only speaker?
MR. MILLER: No.
Page 7
March 10, 2015
MR. OCHS: Mr. Chairman, I'll take the report, if Mr. Courtright
would like to give it to me.
CHAIRMAN NANCE: Yes, would you like to give that to the
County Manager, Mr. Courtright?
MR. COURTRIGHT: I have copies.
CHAIRMAN NANCE: Thank you, sir.
COMMISSIONER TAYLOR: Excuse me.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: I'm a little confused. We're just
approving a standard lease is what I understand. And I don't want to
get into that discussion right now.
CHAIRMAN NANCE: Yes, ma'am, that's the item.
COMMISSIONER TAYLOR: Without content. With no content
it's just a standard lease; isn't that correct?
MR. OCHS: Yes, ma'am, this is a renewal of an existing lease.
MR. COURTRIGHT: That's the misconception.
CHAIRMAN NANCE: A modification of an existing lease.
COMMISSIONER TAYLOR: All right, thank you.
MR. MILLER: Your next public speaker is Michael Seef. He
will be speaking on Item 16.D.3. He will be followed by Marcia
Cravens.
MR. SEEF: Good morning, Mr. Chairman and Commissioners.
My name is Michael Seef. I live in North Naples.
I'm representing the Mangrove Action Group, MAG for short.
And I also work as a nature guide in Clam Pass for The Conservancy.
I'm here to comment on the proposal to the recommendation for
design and services of Clam Pass Park, boardwalk and washrooms, and
to eliminate that RFP, which means basically rescinding the
boardwalks and washrooms that have been proposed.
A lot of this stems back from 2007. This has come up repeatedly.
We've been before the Parks and Recreation Board, advisory board,
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March 10, 2015
and before TDC and they disapproved it on a number of grounds,
including environment issues, and most importantly the need for these
things, which has not been shown by staff to really exist. There's no
apparent public need.
And it's in a sensitive area, as you know, a natural resource
protected area. And so we're supporting this elimination or design and
planning work for those reasons.
We are, however, supporting or -- sorry, there's another piece to
it. They're proposing a number of operational improvements, six or
seven operational improvements, and we heartily approve all of those,
we support all of those and ask your support.
The one that we are not supporting is a kayak launch. This is the
only part of the capital item that remains. And again, there's no real
need for that that has been expressed to my knowledge since 2007
when this has come up and again come up repeatedly. It's an intrusion
into a small mangrove area. There's some support apparently by staff
that, you know, this would provide for ADA options. But the
launching into Outer Clam Bay, which is heavy winds and a
meandering channel I think would make this dangerous for people with
disabilities, because I kayak there all the time and winds can topple
you over. Kayaks aren't as sturdy or as stable as one might like, and I
think the county would be in some jeopardy if we went ahead with that
kayak launch proposal.
Also, there's one other option, which is to launch from the beach
that exists currently. Thank you for listening. Appreciate it.
CHAIRMAN NANCE: Thank you, Mr. Seef.
MR. MILLER: Your final speaker on consent agenda items is
Marcia Cravens, who will also speak on Item 16.D.3.
MS. CRAVENS: Hi. Good morning, Commissioners, and thank
you for the opportunity to speak with you today. I hope I don't lose my
voice.
Page 9
March 10, 2015
I have some comments as a permanent resident of Collier County
who enjoys Clam Pass Park amenities quite often, and as a
representative of Sierra Club. Our motto is to explore, enjoy and
protect our special outdoor areas. And for those reasons I have
comments here to heartily support county staffs recommendation to
reject RFP 14-630, which is Phase II construction design of a Clam
Pass Park southern boardwalk and restrooms project. And that they're
also changing a direction to have more focus on repairs and
maintenance and upkeep of the facility while going back to community
stakeholders and user groups to get their input about what their
amenities are that they would like to see improved.
I have four recommendations here: One is to also reject the
conceptual plan of Clam Pass Park expansion south. The
design/construction planning that is Phase II is based upon Phase I,
w hich is the conceptual plan to expand Clam Pass Park facilities
southward. And we do not support that. We ask that you reject Phase
I, the conceptual plan for expansion south.
Second recommendation is to reject installation of a kayak launch
fixed dock or floating dock. It's been described as being required by
federal agencies to be ADA compliant, but I would question that
because this is an unimproved natural shoreline which allows kayakers
and paddlers to launch from the shoreline without use of a dock. And
if one were to logically follow that kind of an argument that an
unimproved shoreline requires an area to be ADA compliant, you'd
have to put ADA facilities along the entire Gulfshore shoreline.
And the majority of kayakers, and I know quite a few, I belong to
three different kayaking groups, all recommend Mobi-Mat, which is a
silicone mat, to be placed there.
Third, if you would bear with me, please, recommendation to
make a determination that repairs and maintenance of public beach
facility at Clam Pass Park promotes tourism and is eligible for TDC
Page 10
March 10, 2015
funding. And it would seem to be prudent to make that kind of
consideration for all of our county beach park accesses and beach
parks, because we're basically built out and you do want to have the
best condition of those facilities for tourism.
Lastly, to just please incorporate recognition that Clam Pass Park
exists within the Clam Bay NRPA that is an otherwise protected
coastal barrier resources system. And nowhere in the RFP does it
indicate that kind of information. It's a very sensitive environmental
area. Thank you.
CHAIRMAN NANCE: Thank you.
All right, is there a motion to approve today's regular consent and
summary agendas as amended?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER HENNING: I'll second that motion. I do
have a comment.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: The item on the agenda the last
two speakers were talking about is a rejection of a RFP.
CHAIRMAN NANCE: Yes.
COMMISSIONER HENNING: It's not to change the RFP.
However, I want to comment on that. I have kayaked that area quite
often, and it would be an enhancement and a great service to the
citizens if it had a user -- more of a user friendly launch down there.
CHAIRMAN NANCE: Which I think is what is proposed, sir, is
it not?
COMMISSIONER HENNING: Well, what's being proposed is
to reject the RFP.
And the next topic, you've got a span of beach between Seagate
and Clam Pass that's being underutilized. We only have so much
beach in Collier County. We have to do our best to provide more
access to the residents and visitors. So, you know, I think it's a well
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March 10, 2015
thought out plan and reviewed by our Parks and Rec Advisory Board.
So let's move on.
COMMISSIONER FIALA: I agree.
CHAIRMAN NANCE: Commissioner Fiala? No more
comments?
COMMISSIONER FIALA: No.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: I'm glad to hear your response,
because I was questioning whether we need to pull it for a discussion.
And -- but if we're -- you know, if we're happy with that, and I don't
kayak up there so I'm going to bow to those who do, I think the
concern maybe of the citizens is no more building, you know, let's
keep it as pristine as we can. But if we're rejecting an RFP and going
out for other issues, it's not rejecting a design and supplanting it with
another design, it's starting at the beginning again. So I'm content that
we leave it the way it is.
And thank you very much for your comments, both
Commissioner Fiala and Commissioner Henning.
CHAIRMAN NANCE: Yeah, I do believe that it's -- I think most
of the objection was to the extended construction, and I believe some
thoughtful improvements there always should be considered. And I
think logically we should bring it back in a more palatable package
going forward.
COMMISSIONER TAYLOR: Good. So there will be time for
public comment going forward.
CHAIRMAN NANCE: Yes. Before we do anything else, I think
it will have to retool and come back with some thoughtful changes.
All right, any further comments?
(No response.)
CHAIRMAN NANCE: Okay, we have a motion and a second by
-- motion by Commissioner Fiala, second by Commissioner Henning
Page 12
March 10, 2015
to approve today's agendas as amended.
Any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
Page 13
Proposed Agenda Changes
Board of County Commissioners Meeting
March 10,2015
Move Item 16C2 to Item 11G: Recommendation to approve a licensing Agreement with WCI
Communities,Inc.,to allow the use of county-owned real property on a short-term basis for
temporary access and construction staging. (Commissioner Henning's request)
Add-On Item 11H: Recommendation to add to the approved Collier County 2015 State Legislative
Priorities a request to support increased funding opportunities from the State of Florida for local water
resource projects. (Staff's request)
Continue Item 16D7 to the March 24,2015 BCC Meeting: Recommendation to approve an after-the-fact
grant application for$516,816 to fund the expansion of the Immokalee Sports Complex Fitness Center
through the FY2015-2016 Housing and Urban Development(HUD)Community Development Block Grant
(CDBG). (Staff's request)
Continue Item 16F3 to the March 24,2015 BCC Meeting: Recommend approval of Tourist Development
Tax Category"B" funding to support the Pro Watercross World Championships September 19-28,2015 up
to$90,500,authorize the Chairman to execute the agreement and make a finding that this expenditure
promotes tourism. (Commissioner Hiller's request)
Note:
Item 16A1: This item is not quasi-judicial and title has been revised to read: This item equines that ex
Recommendation to approve an Easement Use Agreement(Agreement)for Lot
12 according to the plat of Candlewood Two as recorded at Plat Book 26,Pages 34 through 35 of the public
records of Collier County. (Staff's request)
Item 16F2: Advisory Board Recommendation portion of Executive Summary should read: The Tourist
Development Council reviewed this item at the May February 23, 2015 meeting and unanimously
recommended approval 6-0. (Staff's request)
Item 16F3: Advisory Board Recommendation portion of Executive Summary should read: The Tourist
Development Council reviewed this item at the May February 23, 2015 meeting and unanimously
recommended approval 6-0. (Staff's request)
Time Certain Items:
Item 11E to be heard at 10:00 a.m.; followed by Item 11F
Item 7—In the event that the Board concludes all other agenda items prior to 1:00 p.m.,this item may be
heard before then.
Item 9A-In the event that the Board concludes all other agenda items prior to 1:30 p.m.,this item may be
heard before then.3/27/20154:57 PM
March 10, 2015
Item #2B
BCC REGULAR MEETING MINUTES FOR FEBRUARY 10, 2015
— APPROVED AS PRESENTED
CHAIRMAN NANCE: Is there a motion to approve the
February 10 BCC regular meeting minutes?
COMMISSIONER HENNING: So moved.
COMMISSIONER FIALA: I'll second.
CHAIRMAN NANCE: Motion by Commissioner Henning and a
second by Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: That's approved, thank you very much.
Mr. Ochs, today's proclamations, sir.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING MARCH 21, 2015 AS SAVE
THE FLORIDA PANTHER DAY — ADOPTED
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March 10, 2015
MR. OCHS: Yes, sir, Mr. Chairman. Proclamation 4.A is a
proclamation designating March 21st, 2015 as Save the Florida
Panther Day. To be accepted by Tom Trotta, President, Friends of
Florida Panther Refuge, and Jessica Sutt, Refuge Specialist for the
Florida Panther Wildlife Refuge.
If you'd please step forward and receive your proclamation.
(Applause.)
MR. TROTTA: Hello. I'm Tom Trotta, President of the Friends
of the Florida Panther Refuge. And I want to thank Commissioner
Nance for introducing this proclamation, and I'd like to thank the entire
County Commission for declaring March 21st Save the Florida Panther
Day.
Southwest Florida is uniquely beautiful, with a huge variety of
plants and animals. Visitors from around the world come to Collier
County to view this remarkable ecosystem. Activities such as fishing
in the Ten Thousand Islands, exploring the vast watershed of the Big
Cypress and walking through an ancient cypress swamp can only
happen here in Collier County.
Along with these wonderful opportunities comes responsibilities.
We're responsible to future generations to maintain and preserve these
irreplaceable lands.
The panther is more than just a symbol of wilderness. The
panther is an umbrella species that protects other less charismatic
species, a large intact natural landscape, helps the survival of many
species. The panther is the apex predator and has balanced this unique
landscape throughout all periods of time. We owe it to future
generations to save the Florida Panther.
To celebrate Save the Florida Panther Day, the Florida Panther
Natural Wildlife Refuge is having an open house on March 21st from
8:00 to 1:00 p.m. All are invited. The open house will have activities
for all ages. There will be interpretive nature walks, including swamp
Page 15
March 10, 2015
walks, youth archery training, refuge tours on a hayride, swamp buggy
rides for all attendees. The Friends of the Florida Panther Refuge will
supply a free lunch. Come and join us.
See the ad in Wednesday and Friday's Naples News the week
before the event on details how to register. Thank you very much.
CHAIRMAN NANCE: Thank you, sir.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING MARCH 15-22, 2015 AS
SUNSHINE WEEK IN COLLIER COUNTY — ADOPTED
MR. OCHS: Item 4.B is a proclamation designating March 15th
through the 22nd, 2015 as Sunshine Week in Collier County. To be
accepted by Robert St. Cyr, Director of Community Outreach, Clerk of
Courts of Collier County. Bob?
(Applause.)
MR. ST. CYR: Bob St. Cyr, Director of Community Outreach
for the Clerk of the Circuit Court.
For the past six years the office of the Clerk of the Circuit Court
has promoted and the Board of County Commissioners has endorsed
an official proclamation designating Sunshine Week in Collier County.
March 15th through the 21st this year coincides with the national
initiative. And again, it's an opportunity for the Clerk's Office to
remind citizens that open government is good government, and for
their rights to access and to inspect public records as provided by
Florida law.
As the official keeper of the records for Collier County, the Clerk
of Courts has made important steps forward in providing increased
public access to records because of our website,
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March 10, 2015
wwwCollierClerk.com.
As a result, we have more citizens accessing public records,
including the court records, the official records of land records and so
forth, and also the Board minutes and records.
And by the way, we recently received approval from the Florida
Supreme Court and we're in the final phases of testing now and soon
all of the court records will be accessible by the public. And that
includes court document images. So that is a huge step forward. So
people soon will be able to access those document images from the
computers from their homes. So we continue on this path.
last addition, we have been providing seminars ove r the a st six
years. And it's a real tribute to the citizens of Collier County, because
in each of those programs that we run, which is called searching public
records using CollierClerk.com, we have had over a 100 to 125
citizens in each of those seminars provided over the past years. So it
really shows a public that's interested in what's going on in government
and how to find information that is available to the public.
So in fact our next session, if I might, is going to be held on
Tuesday, March 31st from 2:00 to 4:00 p.m. at the South Regional
Library on Lely Cultural Boulevard. So anyone who has an interest in
learning how to use the Collier Clerk website, we would be happy to
walk you through how to search and find some of the records that are
available.
So we're proud to promote Sunshine Week Awareness, along with
the Board of County Commissioners, and we look forward to
continuing this collaboration in the years ahead. Thank you very much
for your support and thank you for celebrating Sunshine Week with us.
CHAIRMAN NANCE: Thank you, sir.
(Applause.)
Item #4C
Page 17
March 10, 2015
PROCLAMATION DESIGNATING MARCH 12-22 AS THE 39TH
ANNUAL COLLIER COUNTY FAIR AND 4-H SHOW &
AUCTION DAYS — ADOPTED
MR. OCHS: Item 4.0 is a proclamation designating March 12th
through the 22nd as the 39th annual Collier County Fair and 4-H Show
and Auction Days. To be accepted by Pat Cookson, Lou Hoegsted,
Shannon Hubbel and Nico Vitale.
If you'd please step forward and receive your proclamation.
(Applause.)
MR. HOEGSTED: Real quick. Lou Hoegsted, past president,
Collier County Fair Board. Pat Cookson to my left is our secretary.
And both of us are the oldest people on the Board, as well as in age but
also in service. So this is my 24th or 25th year.
(Applause.)
MR. HOEGSTED: But we'd like to -- thank you. We'd like to
welcome the Commissioners and all you people of Collier County,
City of Naples to come out and enjoy the fair the 12th through the
22nd. It's going to be bigger and better than ever. And we certainly
look forward to entertaining the population of this fine county. Thank
you very much.
CHAIRMAN NANCE: Mr. Hoegsted, you're going to have a
ribbon cutting on Thursday afternoon. You want to tell everybody
about that? You want people to come out to the grand opening on
Thursday late?
MR. HOEGSTED: Yeah, I believe that's at what 5:00, 5:30?
Yeah, 5:00 or 5:30 Thursday on the 12th. So yeah, you're welcome to
come out.
CHAIRMAN NANCE: We're looking forward to another great
county fair.
We'd also like to thank you this last year for being the site of the
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March 10, 2015
Farm City BBQ. Everybody really liked to be out there at the
fairgrounds for that.
(Applause.)
CHAIRMAN NANCE: And we look forward to seeing you on
Thursday.
MR. HOEGSTED: You're welcome, and we look forward to
doing that again if, if it's our turn.
CHAIRMAN NANCE: Yes, sir.
MR. HOEGSTED: So make sure it happens.
CHAIRMAN NANCE: I'm all in favor of it. I'm already working
on the salad, sir.
MR. HOEGSTED: All right. Thank you very much.
MR. OCHS: Got to get back to my day job here.
Item #4D
PROCLAMATION DESIGNATING MARCH 2015 AS BICYCLE
AWARENESS AND SAFETY MONTH IN COLLIER COUNTY —
ADOPTED
All right, Item 4.D is a proclamation designating March, 2015 as
Bicycle Awareness and Safety Month in Collier County. To be
accepted by representatives of the Naples Pathway Coalition, Beth
Brainard, Executive Director, Jane Cheffy, President, Deb Chesna,
Secretary, and Joe Bonness, Director.
Please step forward.
(Applause.)
CHAIRMAN NANCE: I guess you've been abandoned for the
event upstairs, ma'am, so you're carrying the burden. Thank you.
MS. BRAINARD: I'd like to thank you all very much,
Commissioners, for this proclamation, and I'd like to accept it on
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March 10, 2015
behalf of all the people in Collier County who are working so
diligently to make the roads safer. We thank you so much for having
the bicycle workshop and as a result pushing forth the legislation that's
now become the Passidomo Bill.
We thank Commissioner Hiller for her work and would like to
recognize Tish Kelly and Jeff Michelland also who were key in
promoting that legislation. We will keep our fingers crossed today that
it gets through the transportation committee and moves on to law.
I appreciate everything that's happening in Collier County right
now. It seems like we are coming to a good point where people are
aware of cycling, they're aware of bike ped. issues. It's a time when I
think both motorists and cyclists are willing to listen to ideas about
how it is they can make the road safer, and it's things like this and the
work that you're doing that helps us do that. So thank you very, very
much.
CHAIRMAN NANCE: Thank you very much.
Item #4E
PROCLAMATION HONORING MURRAY HENDEL FOR HIS
MANY CONTRIBUTIONS AND YEARS OF DEDICATED
SERVICE TO THE COLLIER COUNTY COMMUNITY —
ADOPTED
MR. OCHS: Item 4.E is a proclamation honoring Murray Hendel
for his many contributions and years of dedicated service to the Collier
County community.
(Applause.)
CHAIRMAN NANCE: I think there's a conspiracy going on
today, Mr. Hendel, in your honor, because it seems we have some
Sunshine Law violations between Commissioner Hiller, Commissioner
Page 20
March 10, 2015
Taylor and if it please the Board, Commissioner Coyle here who has
come to join us and make sure that you do not escape from this
ceremony unscathed. So we'll start out with your picture and then I
have absolutely no guaranties what's going to happen next.
Well, let's let Commissioner Coyle roast you first, and then we'll
give you a chance for rebuttal.
Commissioner Coyle --
COMMISSIONER COYLE: You have to stay there. This won't
take more than 30 or 40 minutes.
You know, Murray, unlike any other non-elected member of our
government, has devoted a lot of his personal time on advisory boards
and other services, community services to make our community a
better place to live. And we thought it would be appropriate to
recognize his efforts, despite the fact that he is leaving my district.
I'm going to send the bill for these plaques to Commissioner
Hiller. But hopefully he can make the same improvements in her
district that he did in mine.
COMMISSIONER TAYLOR: Here here.
(Applause.)
COMMISSIONER COYLE: We have for Murray a plaque that
reads: Collier County Community Service Award presented to Murray
Hendel in grateful appreciate for your many years of outstanding
leadership and dedicated service to the people of Collier County. You
have made our community a better place. March 10th, 2015.
And because Murray played such an important role in the most
recent fundraiser for the Freedom Memorial where we achieved our
goal, as a matter of fact, we have for Murray a county flag that was
flown over Freedom Memorial, and a certificate attesting to the fact
that it was flown over the Freedom Memorial. So Murray, I'd like to
come up and present you with these. Stay there.
(Applause.)
Page 21
March 10, 2015
CHAIRMAN NANCE: Let's take a picture here.
Commissioner Taylor?
COMMISSIONER TAYLOR: I wondered if the folks that are
supporting Murray Hendel would come up for a photograph, please.
Because I see a lot of folks here, and I think it would be very nice for
him to have this.
CHAIRMAN NANCE: I guess Commissioner Coyle is the
chartering member of the Murray Hendel Fan Club.
COMMISSIONER TAYLOR: You need to be in this,
Commissioner Coyle.
MR. HENDEL: I'm overwhelmed. I feel wonderful seeing all
my friends here. And I want to thank especially my dear friends Bob
and Nancy who probably arranged this. And I feel blessed this week
because the Gulfshore Association of Condominiums dedicated the
walk in back of our condominiums Murray's Mile. And there's a big
pole with my picture. And they usually don't do it until they die. So
it's been a very exciting week.
I want to thank the Board of County Commissioners for this
honor. I want to thank Fred Coyle. Fred is an old friend of mine, and I
have to admit that I was the one that initiated the naming of the
Freedom Memorial Park the Fred Coyle Park. And I'm really proud of
doing that.
(Applause.)
MR. HENDEL: Thank you very much for my dear friends.
COMMISSIONER FIALA: Murray, why don't you bring up
your lovely wife and show everybody who she is.
MR. HENDEL: Marlene. Can you believe that?
CHAIRMAN NANCE: Murray, now as Chairman, I've directed
an additional sign to be put up at Murray's Mile, since you've agreed to
adopt that mile and pick up all the litter now up in that area, so we're
adding that to the signage.
Page 22
March 10, 2015
COMMISSIONER TAYLOR: We need you back in the city.
MR. HENDEL: I am so excited that I forgot my beautiful wife.
(Applause.)
CHAIRMAN NANCE: What a wonderful group of
proclamations today.
Do we have a motion to approve the proclamations,
Commissioners?
COMMISSIONER TAYLOR: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: Motion and a second.
Any discussion?
(No response.)
CHAIRMAN NANCE: All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Thank you very, very much.
Item #5A
RECOGNIZING OF RON JAMRO, DIRECTOR OF THE COLLIER
COUNTY MUSEUM, FOR BEING SELECTED AS THE WINNER
OF THE 2014 "STAR N THE ARTS" AWARD BESTOWED BY
UNITED ARTS COUNCIL OF COLLIER COUNTY — PRESENTED
MR. OCHS: Mr. Chairman, that takes us to presentations.
Item 5.A is a recognition of Ron Jamro, Director of our Collier County
Museum System for being selected as the winner of the 2014 Star in
the Arts Award bestowed by the United Arts Council of Collier
County.
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March 10, 2015
Ron, if you'd please step forward and receive your recognition in
front of the dais.
COMMISSIONER FIALA: We're so proud of you.
MS. GREEN: Commissioners, thank you. my name's Katie
Schweikhardt, I'm the Executive Director of the United Arts Council.
We are the local arts agency for Collier County.
For nine years we've given out awards for what we consider
people or organizations who are stars in the arts. Some people have
given millions of dollars and some people have given blood, sweat and
tears.
We are happy to have given Mr. Jamro a star for his blood, sweat
and tears. He is the director of the museum and he's expanded the
museum. Under his guidance the Collier County Museum System has
become a system rather than just a building. We are proud of his work
in Everglades City, Immokalee and the Naples Depot.
All of what he does, he does for the benefit of Collier County.
And he has truly, truly proven himself to be a star in the arts. So thank
you very much for allowing us today this honor of giving him truly the
honor that he deserves. And thank you very much.
(Applause.)
CHAIRMAN NANCE: Thank you.
MR. JAMRO: Thank you, Commissioners. I'm honored and
deeply grateful to the United Arts Council, to my colleagues in the arts
and humanities and to you Commissioners for this award today.
The Collier County Museum is a product of many people, many
talents over a long time. And I think that none of it would have been
possible without the support and interest of you County
Commissioners, County Manager, and I thank you for that. You are
the true stars in this story. Thank you so much.
CHAIRMAN NANCE: Thank you. Just hang on just a second. I
want to let you know that I went by the Olde Florida Festival today.
Page 24
March 10, 2015
An outstanding event. And I met this guy right here who told me he
was Ron Jamro. But he told me he would shave for today's recognition
ceremony.
Just want to let you know how wonderful that was, what a great
event, you got great accolades from everybody that was there for your
support for growing that event, and we just want to thank you for
doing a great job.
For those of you that don't know, this is Mr. Carlos Bicho, who's
been an anachronistic actor portraying Juan Ponce de Leon for so
many years there at the museum. But thank you so much for what you
do. We love the museum. What a great event this weekend. Thank
you so much.
(Applause.)
Item #5B
PRESENTATION OF COLLIER COUNTY BUSINESS OF THE
MONTH FOR MARCH 2015 TO IBERIABANK. ACCEPTED BY
DAVID GORDLEY, EXECUTIVE VICE PRESIDENT, MARKET
PRESIDENT, IBERIABANK; BRANDON BOX, SENIOR VICE
PRESIDENT, COMMERCIAL GROUP MANAGER,
IBERIABANK; YVETTE SACO, SENIOR VICE PRESIDENT,
RETAIL MARKET MANAGER, IBERIABANK; AND KRISTI
BARTLETT, VICE PRESIDENT, BUSINESS DEVELOPMENT,
THE GREATER NAPLES CHAMBER OF COMMERCE —
PRESENTED
MR. OCHS: Item 5.B is a presentation of the Collier County
Business of the Month for March, 2015 to IberiaBank. To be accepted
by David Gordley, Executive Vice President, Market President,
IberiaBank; Brandon Box, Senior Vice President, Commercial Group
Page 25
March 10, 2015
Manager of IberiaBank; Yvette Saco, Senior Vice President Retail
Market Manager, IberiaBank; and Kristi Bartlett, Vice President,
Business Development for the Greater Naples Chamber of Commerce.
If you'd please step forward and receive your award.
(Applause.)
MR. GORDLEY: Thank you to the county, the Commissioners,
Chamber.
IberiaBank truly understands that we are only as good as the
community that we serve, and we are proud to serve Collier County.
So thank you.
(Applause.)
Item #11A
THE APPOINTMENT OF MR. NICK CASALANGUIDA TO THE
POSITION OF DEPUTY COUNTY MANAGER — APPROVED
MR. OCHS: Mr. Chairman, that moves us to Item 11 on your
agenda today, County Manager's Report.
Item 11.A is a recommendation to confirm the appointment of
Mr. Nick Casalanguida to the position of Deputy County Manager.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER TAYLOR: Second.
COMMISSIONER FIALA: Sec -- well, that's third.
CHAIRMAN NANCE: We have a motion and a second.
Any further comment?
COMMISSIONER HENNING: Yeah.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: You know, it's a great day in
Collier County. The community is getting back to the way it was in
the busy times, and Leo has chosen a fine person to assist not only the
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March 10, 2015
County Manager but the Board of Commissioners to make this a better
community than it is. So thank you.
COMMISSIONER TAYLOR: Very well said. I would concur.
Well done.
MR. OCHS: Thank you, Commissioners. I congratulate Nick.
COMMISSIONER TAYLOR: Come on, Nick.
MR. OCHS: After you vote, obviously.
CHAIRMAN NANCE: Nick is enjoying his last day on the back
row of this room. So I will just say congratulations to Nick. He's
served in many capacities, always on the front line. I'm proud to say
that he's also in my district, so that's going to give us a very special
relationship, I'm sure. Congratulations, Nick.
All right, we have a motion and a second.
Any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Thank you very much. It's unanimous.
MR. OCHS: Commissioners, thank you very much for your
endorsement and support. And I know we won't let you down. Thank
you.
Item #11B
RESOLUTION 2015-50: RECOGNIZING A PORTION OF ROCK
Page 27
March 10, 2015
ROAD, FROM IMMOKALEE ROAD TO MINGO ROAD WITHIN
THE ROCK ROAD MUNICIPAL SERVICE TAXING UNIT
(MSTU), WHICH HAS BEEN REGULARLY MAINTAINED BY
THE COUNTY FOR MORE THAN THE IMMEDIATE PAST
SEVEN YEARS: (1) AS HAVING BEEN DEDICATED AND
DEEDED TO THE COUNTY AS A PUBLIC ROAD; (2) TO
APPROVE A RESOLUTION IN SUPPORT; (3) TO AUTHORIZE
THE BOARD'S CHAIRMAN TO FILE A MAP WITH THE CLERK
OF COURT CERTIFYING OWNERSHIP HAS VESTED WITH
THE COUNTY; AND, (4) TO AUTHORIZE A LOAN IN THE
AMOUNT OF $285,000 TO THE ROCK ROAD MSTU FOR THE
PURPOSE OF PAVING THAT PORTION OF ROCK ROAD FROM
IMMOKALEE ROAD TO MINGO ROAD, AND TO APPROVE
ALL NECESSARY BUDGET AMENDMENTS — MOTION TO
AUTHORIZE THE LOAN TO THE Fok141.0 ROCK ROAD MSTU
FOR PAVING, WITH THE LOAN REPAID BY THE MSTU AND
THE COUNTY TO MAINTAIN THE ROAD — ADOPTED
That takes us to Item 11.B this morning. It's a recommendation to
recognize a portion of Rock Road from Immokalee Road to Mingo
Road within the Rock Road Municipal Service Taxing Unit, which has
been regularly maintained by the county for more than the immediate
past seven years as having the following actions being recommended
to dedicate and deed to the county this section of the road as a public
road, to approve the resolution in support of that action, to authorize
the Chairman to file a map with the County Clerk certifying ownership
with the county, and authorizing a loan in the amount of$285,000 to
the Rock Road MSTU for the purpose of paving the road and approve
any necessary budget amendments.
Ms. Michele Arnold, your Public Transit Division Director, will
make the presentation.
Page 28
March 10, 2015
Michelle?
MS. ARNOLD: Good morning. For the record, Michelle
Arnold.
You all have heard this item before with regards to the interest on
the MSTU's desire to pave a portion of Rock Road.
They've been working very closely with staff to identify, you
know, the benefits of that. As the County Manager pointed out, we're
now today asking that the Board approve the authorization of the
Chairman to sign a dedication of that roadway from Immokalee Road
to Mingo as public, and to record a resolution and authorize the
chairman to file a map with the Clerk's Office to recognize that portion
of Rock Road.
We do have -- well, I don't want to steal the thunder, we do have
the chairman of the MSTU here to speak to this issue in more detail.
But what we're also recommending is that the Board authorize a loan
to the MSTU to have the roadway paved. Once it's paved, the road
would be maintained, or that paved portion of the road would be
maintained by the county. The MSTU would continue to maintain the
portion of Rock Road south of Mingo Road, as well as all the adjacent
roadways within the MSTU. They would then pay back over a 15-year
period that loan to the county in full, and continue to maintain the
roadway as normal.
If you all have any questions for me, I just want to keep this as
brief as possible and then move forward.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Are you asking for a budget
amendment or for transportation maintenance to work within their
existing budget?
MS. ARNOLD: We are asking for the county to consider a loan,
whether or not that's taken from within the existing budget and then the
MSTU pay back that portion of the budget to the transportation
Page 29
March 10, 2015
division. That could be done.
COMMISSIONER HENNING: It's going to matter, you know,
whether I support it or not.
MR. OCHS: Sir, may I ask Mr. Isackson to address that.
MR. ISACKSON: Commissioner, Mark Isackson for the record.
I think the intent was to provide a loan to this MSTU fund either
from 111 or from another fund that we would identify, such as let's say
assessments receivable for Fund 341. That was the intent, at least the
discussions we've had at this point.
COMMISSIONER HENNING: So it's not going to be an
existing road maintenance resurfacing budget?
MR. ISACKSON: No, sir, that's not been the discussions to this
point.
COMMISSIONER HENNING: Okay. The -- do we have to do,
Jeff, more than record? Shouldn't we search owner or advertise
eminent domain or something like that?
MR. KLATZKOW: One, we did that.
COMMISSIONER HENNING: We did.
MR. KLATZKOW: We did a title search years ago on this one,
so we're comfortable with the description as it is.
And two, you wouldn't have to do that anyway under the statute.
COMMISSIONER HENNING: Okay. So the transportation will
be -- transportation department will be maintaining it after it's paved; is
that correct?
How does that work in other MSTUs within the county?
MR. ISACKSON: Sir, I'm sorry. I think the intent would be to
have the MSTU maintain the roadway stretch -- excuse me, I stand
corrected.
COMMISSIONER HENNING: Yeah, because that isn't how it's
done in other MSTUs.
MR. OCHS: Michele?
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March 10, 2015
MS. ARNOLD: Yes, the agreement was for once the road is --
COMMISSIONER HENNING: What agreement?
MS. ARNOLD: Well, the proposal that we brought to you all
where it was to have that portion that once it's paved be maintained by
the maintenance staff because it's going to be under public ownership.
COMMISSIONER HENNING: Well, so is the right-of-way on
Radio Road, it is owned by the county and has been for years;
however, the MSTU pays for it, for the maintenance of it.
MS. ARNOLD: Of the median?
COMMISSIONER HENNING: Yeah. Why are we setting
precedence?
MS. ARNOLD: That was what was the MSTU's request, to have
that done. So it's up to the Board.
COMMISSIONER HENNING: I have a lot of requests too, but I
want to be fair.
MS. ARNOLD: It's up to the Board whether or not you all want
to agree to that.
COMMISSIONER HENNING: How much is collected in the
MSTU? And what is projected on the annual basis?
MS. ARNOLD: They collect a revenue of about 30,000 a year.
(At which time, Commissioner Hiller enters the Boardroom.)
COMMISSIONER HENNING: And it's going to take 15 years to
pay back $285,000?
MS. ARNOLD: Yes, because they still have other
responsibilities with regard to the rest of the area within the MSTU.
Because the portion of Rock Road from Immokalee to Mingo is just
one area that is currently under the MSTU's provision.
COMMISSIONER HENNING: Okay. Well, I want to be fair to
everybody. I don't want to be setting precedence. Otherwise I'm going
to be putting a whole bunch of items on the agenda for the county to
take over the maintenance in these MSTU's provided throughout all of
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March 10, 2015
Collier County.
COMMISSIONER TAYLOR: Now I'm -- excuse me.
COMMISSIONER HENNING: I'm done.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: Okay, so I'm confused. We're
talking about paving the road and maintaining the paved road. We're
not talking about medians or anything like that.
MS. ARNOLD: Correct.
COMMISSIONER TAYLOR: So the idea is that ultimately the
MSTBU or MSTU will pay for that paving.
MS. ARNOLD: They will reimburse or pay back --
COMMISSIONER TAYLOR: Correct.
MS. ARNOLD: -- for 15 years for the pavement of the roadway.
COMMISSIONER TAYLOR: Ultimately that's what's going to
happen.
MS. ARNOLD: Yes.
COMMISSIONER TAYLOR: So there will be no cost to anyone
except the folks that live abutting -- or within that MSTBU.
MS. ARNOLD: Correct.
COMMISSIONER HENNING: That's not true.
MS. ARNOLD: The cost for paving would be borne on the side
of the MSTU. If the county agrees that the portion from Immokalee
Road to Mingo is maintained by the county after it's paved, the county
then would, as a part of their general roadway maintenance, take on the
responsibilities for maintaining that portion of the roadway.
COMMISSIONER TAYLOR: Okay. Okay, so if someone on
the dais could educate me. Is there parts of Collier County where that
relationship works or doesn't happen or --
COMMISSIONER HENNING: The MSTUs, whether it be
landscaping or you name it, the county does not maintain its assets. It's
up to the MSTU, until the MSTU is dissolved.
Page 32
March 10, 2015
COMMISSIONER TAYLOR: Whether it's paving or whether it's
landscaping?
COMMISSIONER HENNING: Correct.
COMMISSIONER TAYLOR: Is there a part in your district,
anyone's district, where --
COMMISSIONER HENNING: Absolutely. I'm going to be
putting it on the agenda along with other MSTUs so we all take over
all the maintenance of it, to be fair to all the MSTUs.
COMMISSIONER TAYLOR: So you have roads that have been
paid for by an MSTU and maintained by an MSTU?
COMMISSIONER HENNING: Yeah. And --
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HENNING: -- Radio Road MSTU has been
maintained by the MSTU for -- and that's in your district.
COMMISSIONER TAYLOR: Yeah, but not the road, just the
median down the center, correct.
COMMISSIONER HENNING: Yeah, it's an MSTU improving
county property, that's my point.
COMMISSIONER TAYLOR: Oh, okay. So you've got it under
that umbrella. All right. And do we divide it out, though? Is there any
circumstance where the county has come in on county property,
because I believe this is county property, and paved a road that has
been requested by an MSTU and then the road has been paved at cost
to the MSTU but going forward the county maintains it? Is this a
precedent?
MS. ARNOLD: I'm not aware of roads, but there is -- the Radio
Road MSTU is an example that has been brought up. The Radio Road
MSTU improved -- paid for the improvements along Radio Road from
Santa Barbara to Airport Road. But the county is currently maintaining
the medians along that roadway.
So the improvements were made with the -- by the cost of the
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March 10, 2015
MSTU. The maintenance is being done with 111 dollars or with local
county dollars. And the maintenance is not being done from that
segment by the MSTU.
COMMISSIONER TAYLOR: They're not paying for it?
MS. ARNOLD: They're not paying for the maintenance, correct?
COMMISSIONER HENNING: What about east of Radio Road?
MS. ARNOLD: East of Radio Road is a different story. That is
being paid for by the MSTU and being maintained by the MSTU until
-- there is a loan that was done for the improvements of that. And the
MSTU is currently paying back that loan, and accepted the
maintenance responsibilities during that time as well.
COMMISSIONER TAYLOR: Of the median or the roads?
MS. ARNOLD: Of the medians.
COMMISSIONER TAYLOR: Landscaping, not --
MS. ARNOLD: Not roadways.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN NANCE: Okay. There are in Collier County
hundreds of miles of unpaved roads. And we need a mechanism to
make these roads part of the county transportation system and improve
the basic ability of people to travel within the county.
The Rock Road MSTU basically originated from the same sort of
circumstances that we had on the Platt Road issue where we had an
unpassable road that was required by the county of these residents to
do something about their own situation on a private road.
An MSTU was established. These people have subsequently, in
the intervening years, paid approximately a quarter of a million dollars
to improve and continuously maintain Rock Road.
At this point what they are requesting from the county is
assistance to go on ahead and pave this road for the simple reason that
it's not much more to pave the road and actually less over time to pave
it and improve it than to continue to regrade and regrade and regrade a
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March 10, 2015
lime rock road to county standards to make it part of the county
transportation system and to have the county go ahead and assume
maintenance of the road at that point.
These people pay the same amount of general county MSTU
taxes as everybody else on every paved road in Collier County in
Golden Gate Estates. All they're asking is to be able to put their
MSTU money to an improvement that's going to benefit them, it's
going to benefit the public, because it's going to provide better access,
it's going to become part of the county transportation system. It is
going to raise property values along the road, generating more tax
money, which is all well and proper. I think it's absolutely necessary
that we have a mechanism to go forward and improve these hundreds
of miles of unpaved road in Collier County. And I don't know what
other mechanism we have, and I can't think of a better example of
these people stepping up and paying. They will have paid over a half a
million dollars to contribute their section of road to the county
transportation network. So I'm going to make a motion for approval.
COMMISSIONER FIALA: Second.
COMMISSIONER HILLER: What exactly is the motion?
CHAIRMAN NANCE: The motion is to loan Rock Road MSTU
$385,000 --
COMMISSIONER HILLER: 285.
CHAIRMAN NANCE: Excuse me, $285,000 to be repaid by
their MSTU to pave the road to county standards and to have the
county assume the maintenance of the road going forward after that.
COMMISSIONER HILLER: But not to dedicate and deed it to
the county as a public road?
CHAIRMAN NANCE: Yes, it's deeded to the county as a public
road. It becomes part of the public road system.
COMMISSIONER HENNING: Question.
CHAIRMAN NANCE: Commissioner Henning?
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March 10, 2015
COMMISSIONER HENNING: Jeff, you just said that it's
already deeded over to the county.
MR. KLATZKOW: No, what I said was we did a title search so
I'm not concerned about any private causes of action.
Right now the right-of-way we're talking about is owned by a
defunct corporation. They've been defunct for years and years and
years. We are taking over the Florida Statute that says if the county
maintains the road for seven years, if the county wishes to file a map, it
becomes a county road.
COMMISSIONER HENNING: Okay.
CHAIRMAN NANCE: Commissioner Fiala, then Commissioner
Hiller.
COMMISSIONER FIALA: Thank you. I think that one of the
things we probably ought to do is have another workshop. Here we go
with workshops again. But we ought to address some of these
concerns, because it's true, all around the county we have different
forms of payment and maintenance on these different roads. MSTUs
have been established to continue to pay for the maintenance of their
medians or even fixing some of the roadways or sidewalks or
whatever. And I think -- and then others do not. And I think this is
long needed. So I stand firm on my second.
But I think that maybe we ought to start addressing some of these
others that Commissioner Henning has brought up and just --
COMMISSIONER HENNING: Trust me, we will.
COMMISSIONER FIALA: -- make sure that we have a fair way
of addressing all of these roads.
So I would like to ask that we have a workshop.
COMMISSIONER HENNING: I'm putting it on the agenda,
Commissioner Fiala. I don't think we need a workshop.
COMMISSIONER FIALA: Okay.
CHAIRMAN NANCE: Commissioner Hiller?
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March 10, 2015
COMMISSIONER HILLER: Yeah, in Collier County we have
all scenarios. We have, for example, in Pelican Bay an MSTU that
funds the -- that funded what -- Pelican Bay funded the construction of
Pelican Bay Boulevard. But the Pelican Bay MSTU funds the
maintenance of Pelican Bay Boulevard.
In Pine Ridge Estates we had roads that were built by the Pine
Ridge community that ended up being maintained by the county, and
as a consequence ended up being deeded over to the county and -- our
county roads and are maintained by the county.
We have private developments like take for example Village
Walk or Island Walk that have -- or Pelican Marsh that have private
roads where they paid for those roads and they are maintaining those
roads, whether within an MSTU or a homeowners association.
For us to go one way or another in light of all the combinations
we have is very unfair to all the developers that have, you know, paved
and are maintaining their own roads versus MSTUs that are paying and
maintaining their own roads. And to come up with this scenario over
here only makes sense if there's an absolute necessity.
I think this is a unique situation. And if there is a real need and
this road, you know, really serves a larger population and really should
be deemed a county road as opposed to a private road being
maintained by the county, then it makes sense to do this. But if it's not
for, you know, a larger population and it's really, you know, us
maintaining a private road, then it I think becomes problematic.
So I need a better understanding of Rock Road to be able to
support your position. Can you help me, Commissioner Nance?
CHAIRMAN NANCE: Commissioner Hiller, it's no different
than any other cul-de-sac road in Golden Gate Estates. We have
96,000 square miles of roads that are limited access roads that service
those communities. But somehow we have to have a mechanism to
take these unpaved roads and get them paved. If having --
Page 37
March 10, 2015
COMMISSIONER HILLER: Well, if--
CHAIRMAN NANCE: Excuse me, let me answer your question.
If having the residents do it is not an option, how are we ever
going to get there?
COMMISSIONER HILLER: And let me bifurcate my question,
because the opportunity for the Rock Road MSTU to improve their
own road with their own dollars I think is a good idea. Because they're
paying it for themselves and it's a direct improvement for the benefit of
their properties and not for the benefit of other properties. The value
of that road improvement is going to inure to them.
The question about the dedication and the maintenance is my
question. If the subsequent maintenance becomes a cost to the county,
I think that's where we potentially have a problem. I don't have a
problem with the first part, I have a problem with the second part.
So, I mean, I could support the, you know, MSTU raising funds --
is that how you feel, Commissioner?
COMMISSIONER HENNING: Yeah, it's -- it makes sense.
However, to be fair and equal to all, I think that's what the constitution
says, we need to either allow them to maintain it until the loan is paid
back or we need to -- all these MSTUs that have special
improvements, we need to consider paying for each and every one of
them.
COMMISSIONER HILLER: And that is --
CHAIRMAN NANCE: Commissioner Henning, this is not a
special improvement. This is not an ornamental amenity, this is
fundamental transportation for these people to get to and from their
homes. It's fundamental transportation for the school district to pick
up their children for emergency services to get to their homes. This is
what precipitated this.
We simply have to have a mechanism to get the roads paved in
the county. It's an embarrassment to this entire county that we have
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March 10, 2015
absolutely no way --
COMMISSIONER HENNING: Can I respond to that?
CHAIRMAN NANCE: Yes.
COMMISSIONER HENNING: We're not talking -- there's no
objections to paving the road, this private road. Today it is a private
road, okay? The -- and by the way, there's an AGO that -- stating
school buses, it is not proper to use county tax dollars to make those
improvements.
Be that said, it's an issue of those citizens came to the Board,
agreed to tax themselves to make improvements. It always -- what I
recall of it, it was always to make improvements -- improve it to make
it -- keep it a lime rock road. However, it makes sense to pave it. I
have no disagreement with that.
The only problem that I have is the county to maintain that road
after it is being paved until the loan is repaid.
CHAIRMAN NANCE: Well, how is it different from the people
that have the county maintain the roads in front of their house? These
people pay the same taxes as everybody else.
COMMISSIONER HENNING: It's a private road today.
CHAIRMAN NANCE: Well, the proposal is to make it a county
road to county standards tomorrow.
COMMISSIONER HENNING: I don't have a problem with that.
COMMISSIONER TAYLOR: What's the criteria to -- I'm sorry,
but what is the criteria? I think Commissioner Hiller, I think she's
capsulized it. We need a vehicle by which we can ascertain through A,
B, C and D whether a road qualifies or whether a road doesn't qualify
for a continued maintenance once an MSTBU agrees to improve it.
So if we don't have that now, which I'm not sure we do, because
this is something that's bubbling up, I'm not sure, I mean, maybe we
shouldn't be addressing this at this point. Maybe we should at the next
meeting develop that criteria and then apply it.
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March 10, 2015
Now, Commissioner Nance, I know this is close to you, but if you
can enlighten this Commissioner why -- the difference between Rock
Road and a private road. These roads were developed for and they're
dead ends, right, for residential. All through Golden Gate.
And I think Commissioner Henning has a point. Are we opening
the door to more -- to more applications for this? And Nick has been
trying to speak and maybe --
CHAIRMAN NANCE: Well, let's let Nick speak a second and
maybe he'll shed some light on it.
MR. CASALANGUIDA: A little color. For the record, Nick
Casalanguida.
You have a public acceptance profits (sic) for public roads right
now. Developer develops a piece of property. If there's a valid public
purpose in taking over that road we accept that road once it's brought
to county standard. You have in the Estates, as Commissioner Nance
pointed out, many dead end roads that are unpaved that were accepted
in the past through the Golden Gate Area Land Trust, when Golden
Gate Estates was adopted. You have many fringe roads around that
were never accepted. And you also some in Commissioner Fiala's
district that are multi owner owned.
It is really a Board policy decision if you want to start converting
these things at a basic public service level of a paved road and
accepting them for maintenance. You understand the maintenance
burden that goes with that.
I'd like to bifurcate the landscaping, because that was a discussion
we had in the past that was an upgrade versus a basic service.
I think Commissioner Nance's point is you've got many of these
around the county. If you're going to bring them to county standards,
which is what Travis bid out for the paid surface, then the county
would accept that for the public road.
In return, the tax rolls kind of get generated higher, because
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March 10, 2015
there's more value to living on a paved public road.
So that's a policy decision for the Board. But we have a process to
accept roads. You just have to understand the fiscal ramifications that
go with that. Every time you take one on we put something in the
executive summary that says this will be the cost to maintain it going
forward in the future.
COMMISSIONER TAYLOR: What is the criteria to accept a
road?
MR. CASALANGUIDA: Raised up to a certain grade, a certain
amount of base that's put in there and a certain amount of asphalt.
COMMISSIONER TAYLOR: No, no, the criteria that we can.
MR. CASALANGUIDA: Valid public purpose.
COMMISSIONER TAYLOR: All right, what does that include?
MR. CASALANGUIDA: Connectivity. And that's very loose.
You know, when you talk to Jeff, you know, the valid public purpose
is you're providing a better facility for your constituents there. They're
not driving over like Platt Road where they've got potholes in the
wintertime and they're trying to maintain it. This is an enticement. If
you get communities to bring up a road to a different standard and that
standard is the county standard, then we would accept it as a public
road. That's the policy decision you face. Because this won't be the
only one.
MR. OCHS: Mr. Chairman, if I might, you have a program for
converting lime rock publicly owned roads to asphalt roads, and you
do that every year through your budget process. It's a pay-and-go
program.
The issue I think that Commissioner Henning is correctly pointing
out here that needs some discussion is if you essentially make a loan to
finance that improvement, in this case if the next one comes in or the
next one comes in, how are you going to deal with another group of
homeowners on a public road that want to upgrade that and do it
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March 10, 2015
through some county financing? We don't have unlimited funds to
finance all of these that need that upgrade over time. We're doing it
incrementally on a pay-and-go basis each year through the
transportation and road maintenance budget --
MR. CASALANGUIDA: On public roads.
MR. OCHS: On public roads, yes.
COMMISSIONER HILLER: Commissioner Nance, if I may?
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I think you're looking at a
major budget adjustment if you're going to take this on. Because I'd
like to know what you're going to do about Pelican Bay that has an
MSTU that just paid to repave its own roads, that pays to maintain its
road, you know, the Pelican Bay Boulevard, that has connectivity to
extreme.
MR. CASALANGUIDA: We pay for the road, ma'am.
COMMISSIONER HILLER: Did we pay for the road?
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: I thought the MSTU paid for the
road.
MR. CASALANGUIDA: The landscaping. And they paid for
some upgrades at the crosswalks that were above and beyond what we
COMMISSIONER HILLER: So we paid for that. Did we pay --
is it a county road?
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: Okay, my mistake. Then I
apologize, that's a bad example.
What about Pelican Marsh's roads?
MR. CASALANGUIDA: I think it's a CDD, which is --
COMMISSIONER HILLER: But those roads are private roads.
MR. CASALANGUIDA: That's right. They're private -- public
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March 10, 2015
roads privately maintained.
COMMISSIONER HILLER: Pelican Marsh's roads are public
roads also?
MR. CASALANGUIDA: It's a CDD, so it's quote, unquote, open
to the public. But they're --
COMMISSIONER HILLER: But they're gates.
MR. CASALANGUIDA: You're allowed to go into a CDD
under that limits --
COMMISSIONER HILLER: Okay, so those are public roads.
MR. CASALANGUIDA: Public roads privately maintained.
COMMISSIONER HILLER: Oh, these are very important facts.
So those are public roads privately maintained?
MR. CASALANGUIDA: Yes, ma'am.
MR. KLATZKOW: No, they're maintained by the CDD, which
is its own form of limited government.
MR. CASALANGUIDA: But not county government in a sense.
COMMISSIONER HILLER: But they're paying extra taxes
above the ad valorem to maintain those county roads?
MR. KLATZKOW: The Board of County Commissioners
created a number of CDDs. They're all a form of limited county
government.
COMMISSIONER HILLER: But these taxpayers in Pelican
Marsh are paying extra to maintain those roads.
So let me ask you this: Because it's not coming out of their
general ad valorem, they're paying a tax on top of the ad valorem,
which is a CDD tax.
MR. KLATZKOW: That's --
COMMISSIONER HILLER: In effect. To pay for the
maintenance of county roads.
So why not create a CDD for all these roads in whatever district
you form?
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March 10, 2015
MR. KLATZKOW: Because you don't have unity of ownership.
MR. CASALANGUIDA: An MSTU you could do. A CDD
would be much more difficult to wrap around all these different roads.
We talked about that. It's basically a fiscal decision. This will
incur a loan which is what you're giving to this, and you will have
other people that will want to pursue this. I know Commissioner Fiala
has expressed she wants me to work with Polly and Whitaker and
those folks down there at some point in time.
You set aside a budget right now for $300,000 for lime rock road
conversions out of your roadway general fund. We've demonstrated
that there's a benefit to that because the road lasts 25 years and over a
period of 18 years your return on investment is much higher. These are
private roads. So if you bring them into the public road domain you'll
incur the maintenance cost going forward, but you get a public benefit
in terms of-- you know, and that's where the Board sees it in terms of
increased tax rolls and better safety to those people --
COMMISSIONER HILLER: But you can't just do it for Rock
Road and not do it for all the other roads. And then you have to look
at, you know, all the other MSTUs and look at, you know, how they're
contributing value and the maintenance that they're paying. I mean,
you can't -- Commissioner Henning is right. And I think
Commissioner Taylor is right -- or Commissioner Fiala, or whoever
said this really needs to be analyzed and brought back.
I don't think that this question is right for a decision, because I
don't think staff has come up with how much it's going to cost if we
start doing this. And if we're going to start doing this on an ad hoc
basis, maybe that's the policy, that we're going to do it on an ad hoc
basis. But we need to decide what that policy is before we make a
decision on this issue.
And you are not telling me how much it's going to cost if we are
to adopt what Commissioner Henning is going to bring forward. And
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March 10, 2015
he has every right to bring that forward.
MR. CASALANGUIDA: Commissioner, you're absolutely right
in the sense that you need some sort of policy going forward and a
budget for it. It has ramifications. If you do it for this road, which you
can see the benefit, you make it a public road, you improve there. If
everybody lines up to do it, you're going to have a fiscal impact that
goes with it.
COMMISSIONER HILLER: Right. And I don't think it is
appropriate for us to do this for one road ahead of us establishing the
policy and knowing the fiscal impact of that policy before we make
this decision.
So Commissioner Nance, at the end of the day we may be fully
able to approve this for you. I just feel that I would have to vote no
today because we don't have the policy and the fiscal impact before us
to consider what we know Commissioner Henning rightfully should
bring forward at the next meeting if we do it for this one road.
CHAIRMAN NANCE: Commissioner Hiller, we are talking
about basic transportation services for people that have reached into
their pocket and paid a half a million dollars to construct a road which
will be part of the public road system in Collier County. Only at the
request to maintain that road going forward, as every other public road
is maintained in the county and paid for by the taxpayers of Collier
County.
COMMISSIONER HILLER: But --
CHAIRMAN NANCE: I don't know -- excuse me.
I don't know what else we're going to be able to do to get the
private roads in the county brought up to public standards other than to
have those people pay for it. I can't imagine that this methodology is
unacceptable. It is no more expensive for this road to be maintained
going forward than any of the roads that are being paved in Golden
Gate Estates each year which the county is -- the county is paying to
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March 10, 2015
pave them and the county is thereafter paying to take care of them. At
a very minimal cost. It costs less to maintain this paved road on an
annual basis than it does for these citizens to continue to grade this
rock back and forth day after day after day and they get very little --
COMMISSIONER HILLER: I understand.
CHAIRMAN NANCE: -- access to service. Including the kids
that are out there walking through the mud on a mile long unpaved
road. This is ridiculous.
COMMISSIONER HILLER: I understand your concerns and I
understand, you know, what you want to accomplish. We just need to
get there in an equitable fashion with full consideration of the fiscal
impact of taking this course.
Because there might be others that are similarly situated that will
want to do the same thing, and I don't see how you can accept it for
one and deny it for others. And I don't know if we have the financial
wherewithal to do it for as many as may have to have this done.
Now, it may be that the fiscal impact is insignificant, and it may
be a very easy policy decision for us. I'm just saying we don't have
enough information to support this ahead of the fiscal impact analysis
and ahead of alternative policy options presented to us by staff that we
as a board can vote on and then be fair to everyone that's similarly
situated.
And so I'm not saying that -- I'm not saying no because I object
to this, I'm saying no because I think it's premature, and I would ask
that -- would it be too soon at the next Board meeting to bring
something forward, or do you need more time than that? Or a month?
MR. OCHS: We would need a month.
COMMISSIONER HILLER: Well then, you know, a month.
MR. OCHS: If you're asking, ma'am, can we develop an estimate
of the cost to upgrade all of the public roads that are currently lime
rock to a county asphalt standard, that will take a little time to project
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March 10, 2015
that cost for all of those roads that are on that --
CHAIRMAN NANCE: Mr. Ochs, we're not asking the county to
upgrade them, we're asking the citizens to be allowed to do it. It's
going to cost -- if we don't get this road paved, it's going to cost these
citizens another $30,000 to grade it for another year throughout the wet
season instead of paving this road. It's ridiculous to treat these people
like this.
Commissioner Henning?
COMMISSIONER HILLER: Hang on a second. I'd like to finish
my statement. I was talking to the County Manager.
The problem is not that they are paying it, it's that we are funding
it. So we actually have to come up with the cash to advance for
upgrading all these lime rock roads. And then you also have the
opportunity cost of not using that cash on other projects. And also I'm
assuming we wouldn't be charging any interest on that so that's being
forfeited as well.
So, I mean, this is an analysis that isn't as simple as you describe,
but I think it's an analysis that needs to be done, and it has to be a
quantified analysis. And it also has to consider, you know, what
money you are taking away from other transportation projects in order
to do this in terms of prioritization.
CHAIRMAN NANCE: Commissioner Hiller, with all due
respect, there's not --
COMMISSIONER HILLER: Oh, don't say with all due respect.
CHAIRMAN NANCE: With all due respect --
COMMISSIONER HILLER: It reminds me of Boondock Saints,
with all due respect.
CHAIRMAN NANCE: -- there is not a large pipeline of these
projects coming forward. It has taken these people 10 years to get to
this point.
COMMISSIONER HILLER: But I don't know that.
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March 10, 2015
CHAIRMAN NANCE: There are no others.
COMMISSIONER HILLER: I don't know that. That's why we
need staff to give us that fiscal analysis.
So again, I'm going to vote no. But I'm voting no because of what
Commissioner Henning said and because of what Commissioner Fiala
and Commissioner Taylor said. Not because I don't understand the
problem, I don't appreciate that you want to solve it, but because we
don't have enough information today to do this fairly.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: Mr. Klatzkow, if we vote for this
today and if we -- can we make this a one-time vote on this particular
issue of, number one, residents improving the road, number two,
length of time that they've been doing it, and number three, paving the
road with a loan, number four, that the county will agree to maintain
it? Those four. Can we make this unique unto this so that we do not
have a lot of other petitions coming before us before we actually
determine what the criteria is on these questions going forward?
MR. KLATZKOW: This is a unique application in a lot of
respects, including the fact what you have here is a right-of-way that
was owned by a defunct corporation. I'm not aware of any other in the
county. There may be, I'm not aware of them.
So yes, you can say that -- you can approve this item saying that
this is a unique situation, it will have no presidential value, and then
you can develop public policy proposals as for that.
COMMISSIONER TAYLOR: Great. So that should be within
the motion -- the motion maker should speak to what the -- you just
said.
MR. KLATZKOW: Yes.
COMMISSIONER TAYLOR: Excuse me, I can't talk.
CHAIRMAN NANCE: Any other comments?
COMMISSIONER HENNING: No, is --
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March 10, 2015
COMMISSIONER TAYLOR: Yes, and just one more thing.
Well, maybe we should vote on this and then talk about what we direct
staff to do.
CHAIRMAN NANCE: All right, if there's no other comments,
all those in favor sig--
COMMISSIONER FIALA: Just a comment.
In order to get her vote, do you want to include that in your
motion, the unique situation?
CHAIRMAN NANCE: Yeah, I don't think this -- this doesn't
obligate us to -- it doesn't set a precedence, does it, sir, that we're
obligated to?
MR. KLATZKOW: No, you can included in your motion that
this sets no precedent whatsoever.
CHAIRMAN NANCE: I will --
COMMISSIONER HILLER: That's not fair.
COMMISSIONER HENNING: Yeah, now I do want to speak on
the motion.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Yeah, that is not true. You can
make that a part of your motion, but the factual basis is there are
several private roads out there, okay? You do this for this road, you
have to do it for others. There are several public properties that the
citizens have chosen to tax themselves extra, okay. And again, I don't
know why we're dealing with an issue -- nobody's saying we don't
want to pave this road. Nobody's saying that. The issue is being fair to
all the citizens. So --
CHAIRMAN NANCE: Commissioner Henning, I think the
grand majority of MSTUs are for amenities, they're not for basic
infrastructure. Most of the MSTUs we have are decisions
communities have made to enhance their communities at their own
expense. And I fully endorse those. And those are good. And, you
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March 10, 2015
know, we administer those, those are enhancements.
This is not an enhancement. This is fundamental to these people.
It affects their lives in a very, very basic way.
COMMISSIONER HENNING: Well, the county has -- prior to
the downturn of the economy, when the roads were done they would
pave them -- or they would landscape them. It was a basic service.
Now, I know that we have a difference of opinion about landscaping,
but since then there are MSTUs that have been created for those
enhancements. The enhancements -- painting -- you could say the
same thing about light poles or mast arms. That's an enhancement.
However, the county takes it out of its tax dollars to do so.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: Maybe we, with the motion
maker's approval, we could craft this motion to highlight the unique
qualities of this one petition so there's no question to the public why
we're doing this.
CHAIRMAN NANCE: Whatever makes you comfortable,
ma'am, that's fine.
COMMISSIONER TAYLOR: So Mr. Klatzkow --
CHAIRMAN NANCE: I would be more than happy to bring a
follow-up motion to bring this whole issue forward after this. I would
just really like to get this approved.
COMMISSIONER TAYLOR: Okay, so it's -- the uniqueness of
this property or this issue is it's been maintained by the property
owners for what did I hear, 10 years or 30 years? What did I hear?
CHAIRMAN NANCE: I don't know exactly the length of time
but it's been quite some time.
MS. ARNOLD: It's been maintained by the MSTU for over
seven years.
COMMISSIONER TAYLOR: For over seven years, okay. It
was owned -- it was an abandoned road by a --
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March 10, 2015
MS. ARNOLD: It's owned by a defunct corporation.
COMMISSIONER TAYLOR: Owned by a defunct corporation.
It is how long?
MS. ARNOLD: It's a mile from Immokalee Road to Mingo
Road.
COMMISSIONER TAYLOR: One mile.
And that the -- how much money has the MSTBU given to
maintain this road over the last seven years?
COMMISSIONER HENNING: Upgrade it.
MS. ARNOLD: Over a quarter of a million dollars.
COMMISSIONER TAYLOR: A quarter of a million dollars.
And based on this I make a motion that we approve this --
COMMISSIONER HILLER: There's already a motion on the
table.
CHAIRMAN NANCE: We have a motion and a second.
COMMISSIONER TAYLOR: But these would be the criterion
that you're basing --
CHAIRMAN NANCE: Yes, ma'am, those are the facts, the
public facts.
COMMISSIONER TAYLOR: That's why we're --
CHAIRMAN NANCE: They're in the backup material, yes,
ma'am.
COMMISSIONER TAYLOR: So would the motion maker agree
to add these --
CHAIRMAN NANCE: Yes, that's fine.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah, it isn't true that it isn't an
upgrade. It is absolutely an upgrade. You've got a road there. It is a
lime rock road, but it is a road. And so transportation is avail-- there's
a means for these individuals to travel to and from their property.
You know, you talk about essential services, everybody in Pine
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Ridge Estates and quite frankly in the Estates in Golden Gate Estates
that's on septic and well that doesn't have fire hydrants, that doesn't
have streetlights pays the same ad valorem taxes as everybody
throughout the county but we don't have those basic essential services.
So if you're going to start talking about needing to pave a road and for
the county to maintain that road as an essential service that the county
should pick up, then I will submit that the county needs to go out and
needs to get water and sewer and hydrants and lighting to everyone in
Golden Gate Estates and --
CHAIRMAN NANCE: They don't want that.
COMMISSIONER HILLER: -- everyone in Pine Ridge Estates.
CHAIRMAN NANCE: They're not asking for it, ma'am, and
they don't want it.
COMMISSIONER HILLER: Well, I'll tell you that --
CHAIRMAN NANCE: They want to be able to get to their home
COMMISSIONER HILLER: And then I think you should get it
to the people who want it, because they're paying the same taxes. And
I can't support this.
CHAIRMAN NANCE: These people are paying for it --
COMMISSIONER HILLER: No.
CHAIRMAN NANCE: -- and they want it.
COMMISSIONER HILLER: The maintenance is the significant
cost. The upgrade again of$285,000, number one, is coming as a loan.
And the question is whether the county should be loaning that money.
And then secondly, the maintenance, which is the long-term cost
-- if you take the life of that road and present value the maintenance
cost that the county will have to bear, that will be a significant cost far
in excess of the 285. And that's what the issue is with all these roads.
And to deal with one road --
CHAIRMAN NANCE: Including your road, ma'am.
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March 10, 2015
COMMISSIONER HILLER: And to deal with one road and to
exclude other similarly situated roads and to somehow then craft a
policy that potentially could exclude those roads and consider this road
uniquely is just unfair to all the other roads that are in the same
position and all the other residents on other lime rock roads that are
similarly situated.
Are we going to lend all those other lime rock roads, the ones in
your district, the ones in your district, the funds? Are we going to do
that? Are you able to lend all those roads -- let them all create MSTUs,
let them all get financed? And then are you willing to support all those
roads? Because each one of them should be approved if this one is
approved.
CHAIRMAN NANCE: Mr. Miller, let's hear from the public
speakers.
MR. MILLER: Your one registered speaker is Douglas
Allemong.
MR. ALLEMONG: Good morning, Commissioners. I'm Doug
Allemong. I'm the chairman of the Rock Road Advisory Committee
for the MSTU.
And I've heard a lot of discussion this morning here, and I really
appreciate your taking a look at the situation.
But Commissioner Nance, Mr. Sells, Michele, John Vliet, county
staff, we've been working on this project for more than three years.
And Rock Road is really in need of basic transportation. We have
spent a lot of money on trying to get this road up to where it's passable
most of the time. But emergency vehicles have a problem.
The level of the dust on this road, we have people walking --
school children who are walking from the school bus on Immokalee
Road down that road for a mile. People have to cover their faces to be
able to get past the dust from the cars that are generated.
So we're not asking for anything except a little bit of a hand.
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March 10, 2015
We've already spent all this money on creating a lime rock road, and
we're going to pay for the road. We've already paid for the road.
We're going to pay for the rest of the road. And it's -- we just have to
have help. We can't do this on our own because we get $30,000 a year
in revenue. $30,000 a year, first of all we pay the county about 5,000
of that for administrative services, so we have this MSTU that has
$25,000 to spend every year. Well, why should we take taxpayer
money and pour it into more rocks on a road that six months from now
the rocks are gone, potholes are back, the dust is back, we're getting
nowhere. And I can't in good conscious support continuing to tax
ourselves for throwing money down this rock road rat-hole. It doesn't
make any sense to be able to do that.
And the road is owned by a corporation that went out of business
40 years ago. How can you possibly -- we don't know who owns the
road. Who do we complain to? The county? They say we don't own
it. The property owners don't own it. No one owns the road.
So it's a situation that we're not asking for a handout, we're asking
for some help. And I would really appreciate your consideration of
this proposal. It is a special situation. I know we're all special, but we
really do need help on this project, and I really thank you for your
consideration.
CHAIRMAN NANCE: Thank you.
MR. ALLEMONG: If I could answer any questions, I'd be happy
to do so.
CHAIRMAN NANCE: Hearing no further comments, all those
in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
COMMISSIONER HENNING: Aye.
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March 10, 2015
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Okay, the motion passes 3-2. Thank you.
MR. OCHS: Mr. Chairman, I think it's time for a court reporter
break.
CHAIRMAN NANCE: Thank you. We will return at 10:48.
(Recess.)
Item #1 l E
A LEASE AGREEMENT WITH KRAFT OFFICE CENTER LLC
FOR DEDICATED OFFICE SPACE TO HOUSE THE COUNTY'S
SOFT LANDING BUSINESS ACCELERATOR PROGRAM AND A
SUBLEASE OF THAT LEASE AGREEMENT TO ECONOMIC
INCUBATORS, INC. AND APPROVE NECESSARY BUDGET
AMENDMENTS — APPROVED
MR. OCHS: Mr. Chairman, you have a live mic.
Sir, we're on your time certain items this morning. The first of
those is Item 11.E. This is a recommendation to approve a lease
agreement with Kraft Office Center, LLC for office space to house the
County's Urban Business Accelerated Program and a sublease of that
lease agreement to Economic Incubators, Incorporated and approve the
necessary budget amendments.
Mr. Register, your Division Director for Business and Economic
Development, will make a brief presentation.
Bruce?
MR. REGISTER: Morning, Commissioners. Bruce Register,
your Director of the Office of Business and Economic Development.
Commissioners, first, there are two adjoining items that are
related. But before we discuss some details, I'd just like to say that if
approved, this is a significant step for the Collier County Soft Landing
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March 10, 2015
Accelerator Project.
The western accelerator is and will be the signature Collier
landmark of leadership across the State of Florida in the soft landing
accelerator arena.
There are a couple of points that I'd like to bring to your attention
as far as the executive summary regarding 11.E as far as the lease is
concerned. The lease is with the Kraft Office Center to implement the
state grant that we've entered into with the Department of Economic
Opportunity and to also enter into a sublease with our administrative
entity, Economic Incubators.
There's a couple points about the lease that I'd like to bring to
your attention. The lease is a five-year lease. In the process they're
deriving -- to the introduction of this lease, I'd like to point out that our
county's real property management followed our county process in
engaging the potential for entering into this lease.
We also want to point out that there is an interim space that will
be leased until September at a rate of$8.50 a foot until we reach a
point where the improvements on the full permanent facility of 9,000
feet will be completed, and that lease will enter into a phase of the
project where there's a $20.50 rate for a 5,000 square feet, which will
be expanded in the next year to 9,009 -- 9,097 feet.
This is essentially a full service lease. We have the opportunity to
grow this accelerator in the kind of flex space that's going to be
needed. The pilot project that we had engaged in and introduced back
in August has demonstrated a significant amount of demand. We feel
like that this was going to put us in a position to be very successful
with an accelerator project.
And I have -- members of our team, the landlord and his
representatives are here to answer any questions you may have. And
we request your -- this is a recommendation for staff to approve this
lease.
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CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: When the proforma was done, it
was calling for, what was it, 6,000 square feet --
MR. REGISTER: Yes, sir.
COMMISSIONER HENNING: -- is that correct?
And we've had two tenants so far; is that right, Bruce? Or is it
two interested parties?
MR. REGISTER: We have -- we've had three tenants. One
actually graduated and -- following the business plan graduated from
the space, acquired their own facility when we outgrew the space that
we had available in the pilot.
Currently we have five members participating in the accelerator
project that are seeking offices, and four that are virtual in sense that
they'll be participating in the incubator accelerators and functioning --
COMMISSIONER HENNING: What are members? Are those
businesses?
MR. REGISTER: Absolutely. Business is part of the accelerator
process, yes, that have fulfilled application processes, been approved
and they're part of the accelerator.
COMMISSIONER HENNING: And they're going to occupy like
300 square feet per business; is that what it is?
MR. REGISTER: Depending on their needs. There will be a
variety of flexibility in the permanent facility that will enable us to
meet an individual company's needs. Some of them will have enclosed
offices for modular furnishings as well as some will have open desk
working spaces, working areas.
COMMISSIONER HENNING: Okay, the improvements that are
going to be done inside the building, are those walls, air conditioning,
things of that nature?
MR. REGISTER: One of the demonstrated lessons from the pilot
has provided us insight in the fact that the typical client that is going to
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be appealing to this kind of a concept wants flex open space. Thereby,
we have -- focusing on the needs of using the state funding and being
able to control an asset for future use, we've elected to leave the space
relatively open and not install fixed drywall permanent fixtures and
introduce the notion of having modular office space that can be
rearranged and at the termination or end of the cycle of this lease we
will actually retain that as an asset and move -- it becomes a part of the
accelerator project as an asset that is owned by the accelerator project.
COMMISSIONER HENNING: Okay. A five-year lease, and
then it's subject to renewing after five years and that's going to be
renegotiated?
MR. REGISTER: That's at our option, yes, sir.
COMMISSIONER HENNING: Is there any reason why in the
contract it wasn't a CPI after five years a CPI will be used for
consideration?
MR. REGISTER: That's a good point. We have included a, what
I'm understanding is an industry standard, a three percent escalator
annually. Is that what you're referring to?
COMMISSIONER HENNING: Well, that's one of them. That
industry standard changes from year to year. The CPI changes,
depending on the economy.
In my opinion I think that's what should be used for
consideration, not only in the present five years but the future five
years within the contract.
MR. REGISTER: Thank you for that input, Commissioner.
COMMISSIONER HENNING: Yeah, that would be better, I
think a more prudent way to get what the value is.
MR. REGISTER: Yes, sir.
COMMISSIONER HENNING: Okay.
CHAIRMAN NANCE: Commissioner Fiala, then Commissioner
Hiller.
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March 10, 2015
COMMISSIONER FIALA: Thank you very much.
I wanted to go out and see this place for myself, just to see --
because it's a lot of money per square foot. And so I just wanted to see
for myself what it was like and so forth.
I had a lot of trouble finding it because I guess it's the wrong
address. It's not 1840, it's 1810.
MR. REGISTER: Yes, Commissioner, I'd like for the record to
provide a correction, a scrivener's error. The interim space that is --
COMMISSIONER FIALA: Not the interim space, the final
space that you're going to be in.
MR. REGISTER: In Paragraph 1.02(I) of the lease there's a
scrivener's error. The interim space should reflect 3530 Kraft Road.
And in paragraph 1.03 the permanent space that you're thinking about
should be changed to 3510.
COMMISSIONER FIALA: That's the one, 3510, rather than 40.
MR. REGISTER: Yes, ma'am.
COMMISSIONER FIALA: Actually, I went there with Crystal
Kinzel, to be perfectly upfront about this. And we looked around and
looked around. We couldn't find it. We didn't realize it was kind of in
that warehouse thing in the back. We eventually found that. And I
believe Crystal called you on the phone about that.
And I guess I had expected something different. I asked Leo to
go over and take a look at it too, because I just wanted to make sure I
was going to the right place and if Leo was comfortable with paying
this amount of money for that particular facility.
I'm assuming you're taking over the whole building rather than
just the second floor; is that correct?
MR. REGISTER: No, it's just one floor, Commissioner.
COMMISSIONER FIALA: It's just one floor. Only the upstairs.
MR. REGISTER: Yes, Commissioner.
MR. OCHS: Yes, ma'am, the landlord is --
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COMMISSIONER FIALA: So then the phone company will stay
-- or whatever it is, cable company will still stay on the bottom floor?
MR. OCHS: There's an occupant in the bottom floor. The top
floor is the unfinished floor that the landlord's going to put a million
dollars of improvements to both the exterior and the interior spaces at
the owner's expense.
COMMISSIONER FIALA: I see, okay. And then there was
relatively no parking other than they assign each I guess renter or
leaseholder three parking spaces; is that correct?
And -- but so then I asked Leo again, because the rest of-- that
parking garage, you have to get in by a key. And if you only have
three, and you have a lot of people planning to come in there, they
would find difficulty in parking.
When we got there it just happened to be like at about 4:00, so all
the parking spots were full and they were parking along the side things.
And there is no parking space by your building. So -- but then Leo
said you had access to the second floor; is that correct?
MR. REGISTER: Commissioner, this project will be going
through a full permitting process to -- for the retrofit of the warehouse
portion of this. And converting it to the intended use, it will need to be
fully vetted with our planning program and planning requirements.
And so the full requirement for parking based on the use will be to
county standard.
COMMISSIONER FIALA: And that's before you sign the
agreement?
MR. REGISTER: By very nature of making the improvements,
the permitting process will provide the regulatory guidelines that will
be met for this project.
COMMISSIONER FIALA: Okay. Now, I don't know what the
mandatory guidelines are as far as parking goes.
Excuse me, I've got my sinuses dripping into my throat so I'm
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sounding a little bit like froggy the gremlin, but here we go.
MR. REGISTER: There's a certain -- I'm not your permitting
expert, but there's a certain standard of parking places per engineered
space that will be fully compliant with the county standard.
MR. OCHS: Again, ma'am, you don't pay -- we don't pay for that
improved space until it's CO'd by our building and permitting staff.
In the interim we are in leased interim space at $8.50 a square foot, so
COMMISSIONER FIALA: Yes, I saw that building that you're
in there. Now, they have parking for that building.
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: There's just none over by the other
one. It's just surrounded by stones and then preserve. So there's no
excess area to provide any parking. And if you have quite a few
businesses there, you're going to need parking areas. And I just
wanted to bring this to the attention.
I don't think you even looked at that property. I think this was
somebody else that had picked it out, so I'm not laying blame with you
at all. I just -- in fact, I'm not laying blame, I'm just questioning to
make sure that it suits all your purposes.
I also happened to be driving around Horseshoe Drive and, you
know, with all of our buildings over there. Man, there's a lot of empty
buildings that probably -- that are big buildings that would have plenty
of parking. But I guess that's not -- this is the item on the table and --
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: -- we have to address that.
I'm not crazy about it, to be perfectly honest with you. I was
surprised that -- the other building is beautiful. This is a warehouse
type look.
And I have pictures of it, in case anybody wanted to see it. But --
COMMISSIONER HILLER: Can I?
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COMMISSIONER FIALA: Sure.
Anyway, I just wanted to make note especially about the parking
and especially that there's nothing on the first floor. The first floor
certainly needs some addressing. But the second floor will prob-- I
couldn't get up to the second floor so I couldn't see that. Thank you.
MR. OCHS: Commissioner, we'd be happy to --
COMMISSIONER FIALA: Did you get the pictures?
COMMISSIONER HILLER: No, I want everyone to see them.
COMMISSIONER FIALA: Oh, okay.
CHAIRMAN NANCE: Do you want to say something about the
pictures, ma'am --
COMMISSIONER FIALA: No.
CHAIRMAN NANCE: -- or you want to put something up
there?
COMMISSIONER FIALA: I said I have pictures, and Georgia
said I wanted them. But then I guess they got over here.
But Leo went to see it last night. I really appreciated him just
jumping on that and going to see for himself. That was above and
beyond the call of duty. And I so welcome that. Because I thought
maybe my opinion was different than other peoples and so --
COMMISSIONER TAYLOR: Could you narrate what we're
looking at and we could put them up one at a time?
COMMISSIONER FIALA: Sure.
CHAIRMAN NANCE: Do you want to speak to your pictures?
COMMISSIONER FIALA: I can.
COMMISSIONER HILLER: May I leave my light on? Because
I --
CHAIRMAN NANCE: Let Commissioner Fiala narrate.
COMMISSIONER FIALA: Okay, this is the side of the building.
And out in front there as you can see towards the entrance, there's that
big whatever mechanism things that they have there. I'm guessing it's
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kind of like a generator or something. And right behind it is the
preserve. And this is the driveway in. Go ahead, Leo.
And this is the parking lot that I was just referring to. This isn't
the entrance to the parking lot from where we're standing, that's a
different entrance.
Go ahead, Leo.
COMMISSIONER TAYLOR: Is that a parking garage?
COMMISSIONER FIALA: It's a parking garage. But as you can
see, the gates there, you have to have a pass to get in there.
Okay, that's again the same site. And this would be on the second
floor.
Here's the side of that building. Those are trash bins back there.
And they have those big roll-up doors on the side. Leo had an idea
about those, but I don't know if that's really --
MR. OCHS: Those are all coming out as part of the
improvements, ma'am.
COMMISSIONER FIALA: They are?
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: Even though the company needs
them?
MR. OCHS: Yes.
COMMISSIONER FIALA: Okay, that's fine. It doesn't make any
difference. I just wondered.
Now here's kind of like -- there's looking at the front door, and
this is right after the front door then it's all just stones.
Go ahead.
That's the stones all the way around to the side of the building.
You can climb up to the second floor on those stairs, but there is an
elevator.
COMMISSIONER TAYLOR: And there you are.
COMMISSIONER FIALA: Or Crystal.
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This kind of gives you just a sight at the side of the building.
And the main purpose of this picture is there's no parking along the
side of this building. There's no way you could park a car there. But it
is the drive into the garage if you have a pass to get into the garage.
That is the building. That's what I was talking about as far as the
address goes. It isn't 40, it's 10.
That's the mechanism out front there.
That's just the stones. They go three-quarters of the way around
the building.
MR. OCHS: I'm not sure the orientation on this.
COMMISSIONER FIALA: That's -- when you get in the first
floor, to go into the elevator, that's kind of looking up at the ceiling,
right?
There's another view. Those are all open to the view.
That's the floor on the first floor.
COMMISSIONER TAYLOR: Concrete, right?
COMMISSIONER FIALA: Yes, concrete.
MR. OCHS: Again, we're not occupying the first --
COMMISSIONER FIALA: I know that. I know that. I was just
-- that's the entry way to the second floor. But they might clean that
up, who knows? You know, I don't know that.
And I want you to start this thing. I just thought we all ought to
know what we're really talking about here. Thank you.
CHAIRMAN NANCE: Commissioner Fiala, thank you very
much for bringing the pictures.
Commissioner Hiller?
COMMISSIONER HILLER: Yes, thank you so much.
First of all, we have the representatives, I believe from the
landlord here, and I'd like them to address some of the questions that
Commissioner Fiala has raised.
That's a very attractive building, and I'm very happy to hear that
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you're proposing not to make permanent tenant improvements and that
we're using mobile walls.
We had a team go up to Boston, and we visited the mass
accelerator in Boston, which is probably one of the most successful in
the country. We also visited the Kendall Square incubator. And the
mass accelerator is completely unimproved space. Completely. I
mean, you have a concrete floor, you have the piping. And this is like
in the heart of Boston, and it's a massive space and it's an open space
and you have basically partitions like you're describing and moved
furniture.
And what's most interesting about that space is that what happens
is that the companies that become part of the accelerator within a
particular industry cluster with each other naturally. And that's
actually what you want. You want to allow the free movement of
these companies amongst each other to either cluster with their own or
to work with companies that are like partners within the industry, and
it's extremely successful.
This type of building, this type of facility is exactly the kind of
facility that you want to house startups.
The landlord is going to make a million dollars, is that right, if my
memory serves, a million dollars in improvements?
And so the one thing I want to be sure of, Leo, is that staff,
considering the improvements that the landlord is making to the
property, is that we are paying a fair market rent for this space as it will
be when it's improved.
MR. OCHS: Yes, ma'am, we had a letter in your backup from
your real estate department, and if Mr. Dowling who works as your
leasing agent could speak to that.
COMMISSIONER HILLER: Can you put that letter up so
everyone can see it? Because I think that's very important. Because,
you know, the key is, is that we never pay more than we have to or
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than we should, I should say.
And I do like what Commissioner Henning says about using the
CPI as opposed to a percentage. But I think what we should do is
what's conventional in the marketplace for commercial leasing. And
if the convention is CPI, which I think it usually is, then unless I'm
mistaken about that, then I agree with Commissioner Henning that,
you know, the annual adjustments should be triggered to that, if that's
appropriate with the landlord.
MR. OCHS: With the Chair's permission, if I could ask Mr.
Dowling to --
COMMISSIONER HILLER: Sure. Yeah, I just want it on the
record that this is, you know, an appropriate rent for the space.
MR. DOWLING: For the record, Mike Dowling, Real Property
Management.
The CPI as we all know fluctuates. When the market's good it's
high. When the market's not so good it's low.
Three percent is the standard in the industry --
COMMISSIONER HILLER: Oh, it is?
MR. DOWLING: -- between three and five. CPI now is around
3.25 to 3.5. So three would be a very good rate to lock into, in my
opinion, unless the market falls again. And we did see in the twos
years ago when the market was falling.
COMMISSIONER HILLER: Oh, I think we're anticipating the
market is going to go up. So we need to -- I mean, I like what
Commissioner Henning said, but as far as I'm concerned we need to do
what you think is best to protect the county's position, you know, that
we pay the lowest possible cost.
I mean, if it looks like the trend is upwards, then I would suggest
locking in at three percent is in fact the prudent thing to do, if that's
going to be under what the CPI is projected to be.
MR. DOWLING: Absolutely. It's been 3.25, 3.5, 3.65 because
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things are on the increase.
COMMISSIONER HILLER: Well, we need to do whatever is to
our financial advantage.
MR. OCHS: Mike, would you speak very briefly to the cam and
the utility and janitorial costs that are rolled into this rent?
MR. DOWLING: Of course. Our rent here is 20.59 per square
foot once the space is completed. For like buildings you'll see 18 to 28
a square foot, especially in this part of town. It's close proximity to the
highway.
The benefit of this lease is that the landlord's been generous to
include all cam --
COMMISSIONER HILLER: That's a big deal.
MR. DOWLING: -- all utilities, including air conditioning,
maintenance, fire monitoring, pest control. He's paying the electricity,
he's paying the water. So this is a substantial savings. And janitorial
as well.
COMMISSIONER HILLER: So really when you're saying 18 to
28, those are triple net leases and this is all inclusive. So in fact that's
not even comparable. So we're well below market.
MR. DOWLING: It's a huge savings.
COMMISSIONER HILLER: Okay.
MR. DOWLING: If we were paying cam on a building of this
nature it would be the high end 4.50 a square foot to five.
COMMISSIONER HILLER: Okay. So in effect -- what again is
the rate on this?
MR. DOWLING: It will be $20.50.
COMMISSIONER HILLER: So if you were to take the 20 or
even just take the lowest in the market which is 18 and as you properly
say add 4.50, we would still be in excess of what we're getting in this
lease with everything included.
MR. DOWLING: Correct. Plus the facilities, which may be --
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COMMISSIONER HILLER: Oh, and the utilities on top of that.
Well, that is a very -- so in effect we're substantially less.
MR. DOWLING: Substantially less.
COMMISSIONER HILLER: Even if you took the lowest price
for this type of space.
MR. DOWLING: Correct.
COMMISSIONER HILLER: With respect to the improvements
that the landlord is going to make to the space and Commissioner
Fiala's concern about parking, has staff looked at the parking situation
and has it determined that, you know, that the landlord will qualify for
the permit?
MR. REGISTER: We believe they will fulfill that requirement.
And if I could, I would like to add that there is a substantial
amount of development that has not occurred in that complex. The
landlord has expressed to us their desire and planning to add more
parking as that campus expands and more buildings are built. And we
believe that they have an adequate solution immediately for our
parking and then in the long term there is a -- an outlook that will show
that there is even more capacity for parking.
COMMISSIONER HILLER: And how have you addressed that
in our lease?
MR. REGISTER: In our lease specifically the -- there are two
factors. One is that they have to follow the permitting process and
have the kind of calibrated parking required by our Land Development
Code.
But we've also asked for a couple of nominal spaces to be
reserved for particular parties such as the Board when they're going to
be visiting or the County Administrator, the County Manager.
So we have some reserve spaces available. But the ability for a
tenant to actually use the parking garage will be a transaction that will
occur between the landlord and that tenant.
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COMMISSIONER HILLER: But the only concern I have is I
want to make sure that the tenant is not going to have to pay extra to
use the parking garage, correct?
MR. REGISTER: I think that is the case, they would have to
have an arrangement with the landlord.
COMMISSIONER HILLER: Oh, so they will pay for parking?
MR. REGISTER: They will have to pay for that.
But we do understand that there will be adequate parking in the
surrounding lots. There is parking between the garage and the other
building, and --
COMMISSIONER HILLER: So in other words there will be
adequate parking outside of the garage, but if they want to have garage
parking, secure parking, they can do so at a cost.
And one thing to remember is that the users of this facility are
only going to be there a short period of time. It's six months to 18
months. These are not permanent tenants of that space and they're
going to be rolling over in the accelerator. You know, we don't have
permanent tenants in the accelerator.
The only thing I want to be sure of is that the employees of the
accelerator will have, you know, permanent parking and don't find
themselves without, you know, the convenience of a dedicated space
so that they don't have to look all the time. Whereas these other
tenants are -- you know, it's always going to be rolling. So that doesn't
seem to be a problem.
Could I have the landlord's representatives speak? Can you share
MR. GRANT: I guess --
COMMISSIONER HILLER: Hi.
MR. GRANT: Hi. I'm Dick Grant, I'm a lawyer. I guess I'm the
landlord's representative. This is my partner, Cheryl Hastings who
worked on the lease more than I did, and Alex Pezeshkan, who's the
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president of Kraft Office Center.
COMMISSIONER HILLER: That's great.
I just want to make sure that Commissioner Fiala's concerns, you
know, about the parking and the landlord improvements are properly
addressed by you. I mean, we've heard from staff, we've heard, you
know, that they're satisfied with your representations. But I think it
would be really nice to have you all speak to this on the record as well.
MR. GRANT: Well, I'm going to speak to the record,
Commissioner Hiller, and basically say that there is a lease you're
being asked to approve. And I think that's what articulates the -- and
I'm not saying that to dodge the issue. I don't personally know whether
it's going to cost a million dollars to make these improvements or not.
I don't deal with that.
I know that there is a detailed set of plans and specifications and
drawings that have been referred to in the lease which it indicates that
by acceptance the county is acknowledging it has.
COMMISSIONER HILLER: And I don't care --
MS. GRANT: I personally haven't seen them, but I think that
must --
COMMISSIONER HILLER: What your cost is to get this done,
if it's, you know, 500,000 or a million or two million, that's your issue.
MR. GRANT: Right.
COMMISSIONER HILLER: All I care about is that, you know,
you are representing you will get it done as represented in the lease.
MR. GRANT: I think the lease requires the landlord to get the
work that's identified done, and the county doesn't have to pay rent
until it's done.
COMMISSIONER HILLER: And that there will be sufficient
parking, you know, for the anticipated level of activity that we're going
to have in that space.
MR. GRANT: I gather that. I honestly can't -- I'm at a
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disadvantage, I don't really understand all the parking myself.
MR. OCHS: Commissioners, we do not anticipate a parking
problem.
COMMISSIONER HILLER: Great.
MR. OCHS: Either for the staff or the occupants.
MR. GRANT: I don't think the county's going to give it a CO if
there's inadequate parking.
MR. OCHS: No.
COMMISSIONER HILLER: Well, I just want to be absolutely
sure of that. Because I think Commissioner Hiller - - that's me.
Commissioner Fiala over there. I'm like --
CHAIRMAN NANCE: We're clear on that, ma'am.
COMMISSIONER HILLER: It's my alter ego talking to like my
CHAIRMAN NANCE: I have to go by these buttons and it says
that you're Commissioner Hiller.
COMMISSIONER HILLER: Thank you.
CHAIRMAN NANCE: Are you done, ma'am?
COMMISSIONER HILLER: No, I really like what
Commissioner Fiala brought out. I think those are important points.
And I'm right now really comfortable based on staffs very careful
analysis and, you know, having reviewed, you know, the anticipated
volume of activity, having reviewed the anticipated -- thank you.
You're so sweet --
COMMISSIONER TAYLOR: I am Commissioner Hiller.
COMMISSIONER HILLER: Yes, I am Commissioner Hiller.
I think you've done a very good job to vet this and get us the best
deal. And I really love the fact that you're not improving that space
with permanent tenant improvements. I think you're going to save a lot
of money and you are doing exactly -- you are using the model that
Mass Accelerator uses. And even Kendall Square. The incubator
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there was more improved but still was very much of that open space
concept with only very few closed offices, which quite frankly were
not being used when we traveled that space, which was very
interesting. People like to cluster, huddle.
CHAIRMAN NANCE: Commissioner Nance -- excuse me,
Commissioner --
COMMISSIONER HILLER: So actually I'm going to make a
motion to approve. Can I make a motion to approve?
CHAIRMAN NANCE: Not before Commissioner Henning
speaks.
Now, you have had --
COMMISSIONER HILLER: Ample time, got it.
MR. ADAMS: -- adequate time to pontificate.
COMMISSIONER HILLER: Thank you.
COMMISSIONER HENNING: I'll second that motion.
COMMISSIONER HILLER: Thank you. You're very kind.
COMMISSIONER HENNING: This was on our agenda, at least
it was on the draft agenda prior, and I feel a lot more comfortable now
that we have more information. Real property has done an analysis on
the space and find it as market rate that satisfies the bid process.
The fact is that we're not doing hard fixed construction within the
building. These are assets that will be the county's in the future. The
fact is Dick Grant said there's ample parking here.
COMMISSIONER HILLER: It's all you, Dick.
MR. GRANT: I believe there's code parking compliance,
Commissioner.
COMMISSIONER HENNING: That's his testimony.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: Mr. Klatzkow, the procurement
process has been raised by the Clerk's Office. And I can respect their
concern. This is a grant. Monies -- and there's a process. Grants are
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very specific about how you spend their money. And so are you
satisfied the process of procurement satisfies the grant's specification?
MR. KLATZKOW: Yes.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN NANCE: All right. We have a motion by
Commissioner Hiller and a second by Commissioner Henning.
Any further discussion?
COMMISSIONER FIALA: I just wanted further discussion. I
just --
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: -- I hope the parking will do you
right. You can't expand back there, you can only expand way out
front.
But I'll vote for it because I want to see it be successful. I can see
all the excitement of my fellow commissioners, and I will vote with
them. So like I'm saying, I'm just concerned about that --
CHAIRMAN NANCE: Please give Commissioner Fiala and
Commissioner Hiller a space.
All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Unanimous approval, thank you.
Item #11F
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
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March 10, 2015
ECONOMIC INCUBATORS, INC. AND THE BOARD OF
COUNTY COMMISSIONERS — APPROVED
MR. OCHS: Thank you, Commissioners. The next follow-on
companion item is Item 11.F, and that's a recommendation to approve
the First Amendment to the agreement between Economic Incubators,
Incorporated and the Board of County Commissioners.
Mr. Register again will make a brief presentation.
MR. REGISTER: Commissioners, 11.F is an amendment to our
EII contract that will do two fundamental things: It will revise the
budget, reflecting the lease that we've just approved, and it makes
some minor changes to reflect -- or excuse me, makes minor changes
to our duties and the timing to reflect the current circumstances of the
situation with the grant, with the notion that the lease was needed to be
entered into with the county as the primary agent as opposed to EII.
So this is an agenda item that will correct our budget that we have
with EII and it will provide for a tidying up so to speak of cleaning up
our contract and agreement to reflect those changes with EII. And we
would recommend your support.
And if you have any questions, I'm here. And as again, our team
from EII is also here.
CHAIRMAN NANCE: I'm going to make a motion for approval.
Commissioner --
COMMISSIONER HILLER: I'll second it.
CHAIRMAN NANCE: And there's a second by Commissioner
Hiller.
Commissioner Henning, then Commissioner Taylor.
COMMISSIONER HENNING: I'm told that EII under the
contract hasn't submitted a monthly payment for reimbursement or --
MR. REGISTER: The challenge, Commissioner, has been that
the grant process with the state has been significantly arduous, I would
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March 10, 2015
say, in my opinion. And to no fault of their own, EII has been put in a
position where in some cases it's almost impossible for them to achieve
the deliverables that they were charged with. And so that's why we're
requesting these changes, to help straighten that situation out and to
move on with this process, making sure that we can be successful.
I think this follows in with a lot of activity of grants. My
experience has been that sometimes there are obstacles that need to be
overcome and that we're doing our best to bring those obstacles to you
as they occur and provide the fix and administrative solution for those.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes, one question on -- I guess
it's B-1, which is the budget category. Again, this is a budget. But
you've -- there's been an almost doubling of the professional service
budget. And I'd like to have that explained, please.
MR. REGISTER: I believe that was related to discussions that
we had with EII in regards to how the agreement would be formed.
They had incurred professional services, expenditures that had not
been anticipated, and as being a partner in this process and focusing on
how we can make this work, overcoming those obstacles, we've had a
serious discussion about those issues and we've agreed, staffs agreed
from a perspective of what's right, what's fair, we've conceded that
issue and we've included that expansion of that line item in our
recommendation.
CHAIRMAN NANCE: Yes, sir, I share the concerns of
Commissioner Henning and Commissioner Taylor. I also note that EII
is receiving additional compensation for professional services, and I
think it's the Board's stated wishes that they dispatch their
administration in a timely fashion.
MR. REGISTER: Yes, sir.
MR. OCHS: Yes, sir. Part of the deliverable for the first
deliverable was the execution of the lease agreement. So that -- as
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March 10, 2015
Commissioner Henning correctly stated, that was first on your agenda
two meetings ago. So we're trying to catch up with the realities of
what's happened with some of these delays. And we think we've got it
right where we need it right now, Commissioners, and we're ready to
fully execute and we appreciate your support.
MR. REGISTER: For the record, I would mention that we have
received the report in a timely fashion.
CHAIRMAN NANCE: Okay, there's a motion by Commissioner
Nance, a second by Commissioner Hiller.
Any further discussion?
COMMISSIONER FIALA: Just one.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: If the information that we're
supposed to receive monthly isn't received, what recourse do we have?
How do we make sure that those are then carried through and not
excused away?
MR. REGISTER: Commissioner, I believe by this action that
we've taken today, we're providing a remedy to a challenge that we
collectively recognize with our partner. And the focus on moving
forward in an appropriate fashion I believe is equally shared by those.
I do not believe we're going to have a compliance problem in the
future. There were circumstances that were part and parcel to us
getting this grant agreement finalized that have created this situation.
Once those obstacles are removed, I believe we'll be able to move
forward in good fashion.
COMMISSIONER FIALA: Okay, very good. Will we have a
report say quarterly, just to make sure they are being taken care of?
MR. REGISTER: Yes, Commissioner, we can provide that to
this board.
COMMISSIONER FIALA: Okay, thank you.
CHAIRMAN NANCE: Commissioner Taylor?
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March 10, 2015
COMMISSIONER TAYLOR: And a follow-up to that,
according to this business plan, a task force has to be created.
COMMISSIONER FIALA: Right, but we -- well, we get the --
COMMISSIONER TAYLOR: Well, they're going to facilitate
that. So let's hope that that comes forward.
MR. OCHS: Yes, ma'am, we're moving forward on that as well.
COMMISSIONER TAYLOR: Good. Thank you.
CHAIRMAN NANCE: Further comments?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right, thank you.
MR. REGISTER: Can I beg the Board's indulgence? We've been
honored with the presence of our first life science participant in our
accelerator project. It's a German firm which corroborates our intent
for this to be an international soft landing accelerator. They're here
probably on about their seventh visit since we began engaged with this
project, this company. The company's name is InsulinNG. They have
a testing product that we believe will revolutionize how diabetes care
is conducted in the United States. And we're proud to say that they've
engaged a manufacturer in Collier County to begin production of that
product, that we expect once it's approved by the FDA, which we
believe is very favorable, will begin production and distribution
internationally for that product, not only domestically.
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March 10, 2015
So I'd like to introduce our friend, Peter Milczarek from
InsulinNG. And I hope we can welcome them. Because we believe
that this is going to be the beginning of a life science cluster for our
community and participation with our partner, the EII.
(Applause.)
MR. MILCZAREK: Thank you, Bruce. It's an honor to be here.
Thank you. I hope my English is so that you understood.
We are not a German company, we are a U.S. company here.
Sorry. We have a German company, but the development and all what
we did, we did it in the U.S. company here. And six months ago -- so
in short story, we started in this area with the accelerator board and
with Bruce in Collier County before. In November, '13 we spent in
California, because I spent two years there because I worked for an IT
company in Silicon Valley. And we made a decision to be here,
because that's a very great area with a very great network, you know.
Because of health care themes, what we have is heart attack and stroke
and diabetes. And we looked 20 years ago about getting a prevention
to that diseases. And I think they got it. So we had -- we have a -- we
got a stick, you know, it's only one small stick what you need with the
blood and you can measure if you're a risk patient for diabetes two
years before you get it. And I think that's very new and I'm very proud
to be here. Thank you.
(Applause.)
CHAIRMAN NANCE: Congratulations. Thank you, Bruce. I
think you ought to reach out to our University of Florida and FSU
healthcare associates in Collier County and see if they can be of any
service to our new client. And I wouldn't be shy about reaching out to
the University of Florida at Shands either since we seem to have an
improved relationship. So let's just see, you know, how these folks can
help our new businesses in Collier County. Why not? Go for it.
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March 10, 2015
Item #11C
ACCEPTING A STATUS REPORT REGARDING EXISTING AND
PROPOSED OFF-LEASH DOG PARKS WITHIN THE COUNTY
PARKS SYSTEM — MOTION TO MAKE IMPROVEMENTS TO
ROVER RUN AND BRING BACK FOR REVIEW IN A YEAR —
APPROVED; MOTION TO DEVELOP A DOG PARK WITHIN
GOLDEN GATE COMMUNITY PARK AND HAVE STAFF
BRING BACK A CONCEPTUAL PLAN FOR A POSSIBLE PARK
ON THE PROPERTY ON WHITAKER ROAD — APPROVED
MR. OCHS: Thank you, sir.
That takes us to Item 11.0 this morning on your agenda,
Commissioners. It's a recommendation to accept a status report
regarding existing and proposed off leash dog parks within the county
park system. Mr. Williams, your Division Director for Parks and
Recreation, will present.
MR. WILLIAMS: Commissioners, good morning. Barry
Williams, Parks and Recreation Director.
We're asking to bring an item before you today just to give you a
status report. And there are a couple of items I guess that we wanted to
draw attention to.
First of all, we have had some discussions with neighbors in and
around our Rover Run Dog Park, and so we wanted to give you kind of
an overview of some of the things that we've done there.
Secondly, you were approached a couple meetings ago with a
petition to establish a dog park on Whitaker Road. There's some
county property there. And so we wanted to talk a little bit about those
issues.
But basically we're looking for direction this morning from you,
given our status of these items.
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March 10, 2015
Just over the course of the last few years there has been within the
parks master plan the identification of dog parks. We have one planned
for Manatee Park. We have one in discussion for Big Corkscrew
Island Regional Park. And so those are areas that we have established
ourselves with dogs.
You have passed an ordinance or allowed for dogs to be in our
parks on leash, and so that's worked quite well for us.
But I guess the thing I wanted to talk to you first of all, is just
looking at our current dog park at Rover Run. And I've got a -- on the
visualizer, just an aerial of the park itself. And you can see, and let me
use the arrow here.
The park itself is located right here in this area. And as you can
see, this has been an area of concern in terms of we have gotten some
concerns from neighbors who on occasion have heard our dogs barking
in this park.
So one of the things that we did was we asked and received a
contract for a consultant to look and take some noise levels at the park,
just to see the significance of that. Actually, I have Mr. Michael
Mulbarger here this morning who's with ESA. They conducted the
sound studies. And he's here to answer any questions that you might
have.
But let me go to another slide, if I could.
This is just an overview of the dog park, a little closer. And just
to -- if you're not familiar with the park itself, we've divided this park
into two separate areas for the dogs, this is the area for the smaller
dogs that we have. And this is an area that's used for the larger dogs.
One of the things that we've done and have attempted to do in
terms of dealing with less noise in this particular area is we moved the
smaller dog park entrance to this area. And this is the entrance to the
large dog park. This is a double gated entrance. You enter this gate,
you're here with your dog, and then you're able to enter in this gate and
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March 10, 2015
go and use the dog park.
One of the things that we found in terms of the study from ESA
was just a phenomena that seemed to occur -- we have an area right
here where when the dogs, the large dogs and the small dogs are able
to see each other, they cause quite a bit of barking. So one of the
recommendations that we've gotten from ESA was looking at how we
can configure the dog park.
And so what we're contemplating is taking the entrance of the dog
park and moving it more than likely to the back here so that it's totally
separate from where the smaller dogs are.
There's also an area here that we have not completed with
acoustic fencing, so we're looking to totally separate the small dogs
from the larger dogs in terms of them not being able to see each other.
And again, a lot of what they heard in the sound study was when
those two dogs interact, there was quite a bit of noise. And as you can
imagine, if you own dogs, you know how that works.
So that's one of the recommendations that we're looking at Rover
Run. We have talked to the folks at Stonebridge, we told them of our
plans, we share with them the study. And their comment to me was,
well, we'd like to see how that works. And so what we'd like from you
in particular for Rover Run is just direction for us to move and make
those changes.
Just to move on, if I could, and you can see that -- I wanted to talk
to you a little bit about the Whitaker Road and that option as far as for
a dog park. And this is -- the arrow depicts exactly the spot in
question. This is a property that as I understand it was gained from
eminent domain through the transportation department. It's available.
And we have met with growth management in terms of zoning and
requirements that would be necessary for us to develop this area.
It does look like it has potential for those type of things. There
are some limitations there that we have to be concerned about in terms
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of buffering from Santa Barbara Parkway.
There is also some lack of infrastructure at this location. We don't
have shade, we don't have trees. Dogs like trees, as you can imagine.
Sorry, I had to throw that in there. There are things that we just don't --
COMMISSIONER HILLER: Throw in a couple fire hydrants.
MR. WILLIAMS: Hydrants, we can put some hydrants in.
It's a blank slate that would require some various improvements.
One of the things that we have heard though from the public that
have interest in this site, there are some folks who have identified
themselves as willing to contribute to fundraising, and I think they're
here in your audience. They're also -- there's a local architect,
Matthew Craig, who's agreed to provide a donation of conceptual
drawings for a dog park once the site was selected.
So there are some efforts underway to mitigate some of the costs.
This particular spot we're estimating a cost and we put in your
executive summary a dollar amount of roughly $223,000 to develop
this site into a dog park.
Bonita Springs recently opened a dog park, and our understanding
is they spent about 400,000. So dog parks can be expensive.
Just to continue on in our discussion, this is a close-up of the area
and a rough drawing of what we might do with this particular area.
You can see parking that's been identified here. Again, there will be a
separation of the smaller dogs with the larger dogs. This is an area that
again there will be some buffering that will be required. This might
bring this area in a little bit more than what you see in this depiction,
but this is just kind of a rough drawing of what we're looking at.
Another option, and just in our discussions, we are looking at dog
parks throughout our system. They're very controversial. People love
them, but you also have to place them in areas that are consistent with
the neighbors and they're not going to become a problem with the
neighbors.
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We have looked at Golden Gate Community Park as an option.
We had initially -- and as part of the petition that you received, there
were several people with their emails that were asking about that as a
location.
There are limitations of this site. Probably the biggest one is as
you can see with this park, it's pretty much well planned. Every inch of
the property is pretty much developed. We do have some open green
space though that could be used for a dog park if you so chose. And
I've identified a couple of areas.
This is an area here. We have a shuffleboard court area here that
is little used. That's a sport that has probably gone away. We still
have some shuffleboard players, but not many. But this is an area of
green space with shade that could be used in terms of fencing in to
develop as a dog park.
The one advantage of this particular area is that it is insulated by
the park itself. It's in the center of the park so it's away from
residential.
We also have an area here, a green space. And both of these
spaces are roughly a quarter of an acre. So you're looking at about a
half of an acre for both of those areas combined. So there's a potential
to develop something in that area as well.
One thought is to provide for large dogs in one area and small
dogs in the other, again with the idea of keeping the areas separate.
One last slide. Just the two locations that we looked at, Whitaker
and Golden Gate. I just put on the slide it's kind of the pros and cons
of each. And, you know, I think, you know, for us in looking at both
these options, and we actually made a recommendation in the
executive summary that you look at the Golden Gate Community Park
option. If you desire for us to pursue that, we could go through that
and bring you back a plan of what that would look like and exact costs.
That's our recommendation to you. And simply because you have
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infrastructure there. Whereas on Whitaker Road you're going to have
to develop a lot, in Golden Gate Community Park, what you have is
you have bathrooms, you have shade, you have maintenance staff that
already exist that can maintain the property.
You are constraining the area a little bit more in terms of putting
that amenity in an already full park, but that seems to be the better
location. Both locations are viable, though. I want to suggest both of
them are. But just from our perspective, that seemed to have a little bit
more advantage.
And our recommendation to you this morning is, again, to take
the results of the ESA sound study; they've given some specific
recommendations that we would like to implement. We would ask for
your approval of that. Provide direction in terms of whether you
would like us to pursue Whitaker or Golden Gate Community Park for
a future off-leash dog park. And again, continue to pursue the
development of other future off-leash dog parks in accordance with the
parks and recs division master plan.
So with that I'll stop and see if you have any questions.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Thank you. Yes, just a couple
simple things. I remember when they first came in to talk to me about
this, and it seems that when people have dogs, they really want an
off-leash place. And I think that's becoming more and more popular.
So if we have land to provide that doesn't cost you too much, that
would be a great asset.
I think they came in originally asking for the Golden Gate Park, if
I'm not mistaken, Golden Gate Community Park. But then we felt that
maybe we owned this piece on Whitaker, maybe that would be a better
thing. Isn't that the way it happened?
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER FIALA: And then -- but they were happy
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with either one.
There she is, smiling and shaking her head yes.
They didn't care where, just so they could have an off-leash dog
park. So if it's -- if it wouldn't bother the neighbors and if it's a good
site to have small dogs and large dogs at Golden Gate Community
Center, and if they've got all the amenities there, it sounds to me like
that would be the better place to go. And I hate to say it, but cheaper
place also, because we don't have to worry about bathrooms or
anything.
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER FIALA: I also wanted to know, when did you
move -- you were telling us that there was the study and then about --
who would have ever guessed it was because small dogs and large
dogs are coming into the same place? I would have never known that.
When did you move that entrance?
MR. WILLIAMS: Well, we haven't yet. We would want to
move the entrance. We originally moved the entrance in separating
them about a year ago. But what we're recommending is a total
separation, moving the entrance for large dogs on the other end of the
park. That seems to be -- that's going to make a difference in terms of
those two sizes of dog interactions.
COMMISSIONER FIALA: And still you're going to put the
acoustical fence there, just to make sure?
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER FIALA: Thank you.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Yes, thank you so much, Barry,
for working on a solution for that park, because I know how much the
neighbors have been concerned about it and at the same time how
much the -- those who own dogs wants to continue enjoying that park.
So, you know, building consensus between those two groups and
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making both happy is, you know, our ultimate goal and it looks like
you're working towards that end. So I would encourage you definitely
to implement the solutions you're recommending, and I'll certainly
make a motion to that end and then to, you know, come back in a year
from the time that you complete those installments or improvements
to, you know, bring the expert back in, reevaluate it and make sure that
it in fact is working and that it is the right solution and the right model
for our future parks.
Because this is isn't just an investment in this park, this is an
investment in the template that we'll be using in other parts of the
community. And having more dog parks is important. I mean, I've
advocated that we have at least one dog park in each district for the
constituents of that district.
The one thought I had with respect to the Golden Gate
Community Center and the Whitaker site, if you do decide to do both, I
mean, one option to consider that hasn't been presented is to put all the
small dogs in one and all the big dogs in another. So like maybe what
you -- if you do decide to develop the Whitaker site, you could put, for
example, all the big dogs in Whitaker so that they have a larger open
space to run around in and the smaller dogs in the smaller space at
Golden Gate. And I don't know if that's a practical solution, but just
one to possibly be considered in your overall evaluation.
And I defer to the commissioners of those districts as to how they
would like to see their dog parks developed in their communities.
But the one thing that's come to my attention over and over again
is the question of having a dog park on some part of Collier County's
beaches. Or if something could be worked out with the state on some
part of the state beach.
Where are you on that and can that be done? And if it can't be
done, why not?
MR. WILLIAMS: Well, the state does allow for dogs on their
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beaches -- actually not on their beaches, but in the state park.
Delnor-Wiggins State Park, you can have your dog there on leash.
They don't allow it on the beaches.
And the biggest challenge has been the birds on the beach and
dogs chasing birds on the beach and concerns from environmentalists
about that phenomena.
Keewaydin Island, though, is one where you can't also have dogs
on leash on the beach because of its status as a barrier island. So there
are some provisions.
Now, the question of the county beaches, whether there's an
opportunity there. You do have a lot of the public that use the beach
and, you know, that question of dogs in those confined areas. Again,
in some of your beaches, Tigertail, for example, you have Sand Dollar
Island which is a state preserve and some protected species there, you
probably don't want to have dogs around. Vanderbilt Beach is fairly
congested in terms of how it is.
We have noticed, though, a phenomena in our beaches where
people do show up on the beaches with their dogs early in the morning,
and so a question comes to mind whether, you know, that utilization
could somehow be considered.
We've not looked beyond kind of what we understand right now
in terms of what's available for the dogs in the parks on the state parks.
So in terms of the county beaches, right now our recommendation is it
would be a challenge for us to put them in our current county parks.
COMMISSIONER HILLER: Could you look and see if there's
any possibility to work something out with the state park? And I think
your idea of maybe if we did early morning visitation, that might be an
option when there are no crowds and, you know, maybe within certain
limited hours that it could be allowed.
MR. WILLIAMS: Commissioner, we could research it. I think
ultimately it's the Commission's decision.
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COMMISSIONER HILLER: Well, I think we need more
information. I don't think it's a decision that we can again make in
absence of being educated by you as to what the options are.
MR. WILLIAMS: We could definitely research that, yes, ma'am.
COMMISSIONER HILLER: Thank you.
So, I mean, I'll make a motion to support the improvements to the
park in my district, at Veterans, and the proposal of separation of the
large and the small dogs.
CHAIRMAN NANCE: I will second that.
Commissioner Taylor?
COMMISSIONER TAYLOR: Two things. I was one of the
people at the very beginning when Dog Beach was formed. And one
of the lasting attributes Dog Beach has that none of our beaches have
in Collier County is that it flushes twice a day. It's tidal. You can have
dogs on -- and I love Dog Beach, and I love to take my dog swimming,
and I've been using Baker Park for longer than forever to swim with
my -- and I've actually swam with my dog in the river.
But the problem you've got is cleanup. And so wherever it
happens, just be very cognizant that there's got to be a specific area.
Because beachgoers coming after -- there's no flushing, which there is
in Dog Beach. And nobody uses Dog Beach for anything anyway
except to run their dogs.
Second of all, as we go forward in looking for county land to put
dog parks on, and I'm in great support of Commissioner Hiller's idea of
more and more dog parks. When we use county land and we have
private folks giving to help build a dog park, we have to be very
cognizant that forever that land will be as a dog park. Because if down
the road we need it for something else, then there are private funds that
have built something that we need to address how to refund it or to
move it. So -- and it's something that's not urgent right now, but be
aware of it as we go forward. Thank you.
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CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Commissioner Taylor, are you
talking about Dog Beach Park in Lee County?
COMMISSIONER TAYLOR: Yep.
COMMISSIONER HENNING: And it flushes twice a day?
COMMISSIONER TAYLOR: Yes, sir. It's tidal.
COMMISSIONER HENNING: I'm not fishing there anymore.
COMMISSIONER TAYLOR: And the kids swim there. It does,
yeah.
CHAIRMAN NANCE: Commissioner Henning, there's a limit
on the number of dogs a man can take in a given day.
COMMISSIONER HENNING: Yeah. As long as it's not
floating.
COMMISSIONER TAYLOR: It's tidal, yes, sir.
COMMISSIONER HENNING: I welcome the fertilizer in
Golden Gate Park. I think it's an added attraction to that center.
CHAIRMAN NANCE: I'm going to really support the continued
development and improving of Rover Run. I really like that dog park.
I don't have a dog so I don't take a dog to the park, but I have looked at
it because I've known --
COMMISSIONER HILLER: You can take Elizabeth any time.
COMMISSIONER HENNING: I don't have a dog in this fight?
CHAIRMAN NANCE: That's not really a dog for District 5. But
yes, okay. I have a couple more comments, okay.
Barry, I want to tell you one thing you can do to help that, is that's
a beautiful native planted area. If you'll just plant some more native
shrubs kind of in between the two parks, that will keep the dogs apart.
Plant some Sable Palmetto or something this summer and it will help
them not see each other and get excited.
Now, I know we have an issue with the dogs chasing birds. But
in my district I have birds that chase dogs. And it's actually an
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endangered species violation to feed Eagles or Great Horned Owls
dogs, so we don't need to get into that in District 5. But -- so we have a
complete motion?
COMMISSIONER HILLER: We have a complete motion.
COMMISSIONER FIALA: Will you state it again, please?
COMMISSIONER HILLER: Well, the motion is to make all the
improvements to Rover's Run as proposed and to follow up one year
after the completion those improvements are made to see how effective
they are and use them as the basis for a template for dog parks in the
future if they work.
MR. OCHS: Commissioners, may we get a consensus from the
Board on whether they would like us to pursue either or both of these
other two locations for dog parks? The staff recommendation was to
pursue the dog park in the Golden Gate Community Park for the
reasons that Mr. Williams stated.
COMMISSIONER HENNING: Yeah, I would hope you would
add that.
COMMISSIONER HILLER: I'll add it.
MR. OCHS: Thank you.
CHAIRMAN NANCE: And I will add my second.
Now, one thing we do have, it's my understanding, Mr. Miller,
that we have 10 public speakers.
MR. MILLER: We're now up to 11, sir.
CHAIRMAN NANCE: We are up to 11.
Now, seeing that we are at lunchtime --
COMMISSIONER HILLER: The court reporter needs a break.
CHAIRMAN NANCE: -- the court reporter needs a break,
Commissioner Hiller wants to go to the bathroom.
How do the -- I want to make sure that we hear the public's
comments before we vote on these items. Is it okay for the public to
come back after lunch to testify, or would you like -- how many of--
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March 10, 2015
COMMISSIONER TAYLOR: How many of you agree with
what we're doing?
CHAIRMAN NANCE: How many of you agree with the action
that the Board is discussing so far? Are any of you opposed?
UNIDENTIFIED MEMBER OF THE AUDIENCE: We would
like Whitaker.
COMMISSIONER HENNING: They like Whitaker.
CHAIRMAN NANCE: So you want to ad--
COMMISSIONER HILLER: That's going to come back.
CHAIRMAN NANCE: You want to advocate.
UNIDENTIFIED MEMBER OF THE AUDIENCE: For
Whitaker.
COMMISSIONER HILLER: That's coming back. We're not
voting on Whitaker, we're directing staff to look at the options.
CHAIRMAN NANCE: Okay, the current motion is to have staff
bring back the options for the additional parks to the Board; is that
correct?
COMMISSIONER FIALA: No, we were going to vote on
Golden Gate --
MR. OCHS: No, I think we've tried to provide the analysis of the
two different facilities. The question is does the Board want us to
pursue one or the other or both, and in what priority we -- you know,
we're going to have to fund these things in the budget.
CHAIRMAN NANCE: Why don't we finish the Rover Run
motion and then we can go on to the next motion. Is that appropriate
for the Board?
COMMISSIONER HILLER: Can we do the next motion after
lunch?
CHAIRMAN NANCE: Let's try to do that. Let's take the motion
on Rover Run which I seconded.
Is there anybody that wants to speak on Rover Run?
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MR. MILLER: No, I think the public speakers are trying to
indicate to me that they have like one person that could be a
spokesperson for them. Is that what I'm hearing from you?
CHAIRMAN NANCE: Is that acceptable to all the public
speakers?
UNIDENTIFIED MEMBER OF THE AUDIENCE: Yes.
CHAIRMAN NANCE: Would any public speakers that disagree
with that please raise your hand.
Yes, ma'am, can you come forward then please?
COMMISSIONER TAYLOR: So she's going to speak for 20
minutes then. No, I'm kidding, I'm kidding.
MR. MILLER: Are you Ms. Parkes, Holly Parkes?
MS. PARKES: Yes, I am.
MR. MILLER: How much time would you like me to give her,
Mr. Chairman, three minutes?
CHAIRMAN NANCE: Let's see what her remarks are.
COMMISSIONER HILLER: Commissioner Nance, can we
quickly vote on Rover Run to dispense with that, and then let
Commissioner Henning make the motion on the dog park in his
district?
CHAIRMAN NANCE: Let's vote on Rover Run.
All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Okay, Rover Run is approved 5-0.
Thank you, Mr. Williams, for all your work on that.
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Now, yes, ma'am.
MS. PARKES: Hi. My name is Holly Parkes and I was the one
who initially brought the recommendation forward. And thank you so
much, Commissioners, for a time to speak.
We are interested in Whitaker first of all because it's a larger
space. It's a two-acre piece of property. And while Barry Williams
had said that there would be additional costs, there's already budgeted
costs within the $223,000 to afford shade for the dogs. There's
$20,000 for trees, 17,500 budgeted pavilion, there's 37 for shade,
20,000 for parking, 20 for fencing, 35,000 is budgeted for water,
including dog watering station, irrigation, utilities services and a
washing station, plus a 15 percent contingency. So there are
provisions for that.
The only thing that's not in the provisions is for buffering and
bathrooms, and I don't think we need a bathroom. But we've already
got Matthew Craig to come forward and he's agreeing, so there's not
the cost on the development of the project. We've agreed he's going to
do it pro bono.
We like the idea of Golden Gate as well, but it's only a half an
acre versus two acres. Half an acre. The other -- when Barry was
showing the picture on the Golden Gate, there is a section of Golden
Gate that is right across the river from a residence. And so I'm
concerned, because it's right across the river, that water would carry
and noise, et cetera.
So that's my concern is that it would be squelched later on with
Golden Gate if there wouldn't be some kind of a provision for the noise
for the residents on that side.
So we like Whitaker most because there's no residents around
there, and we like Golden Gate, but it's only two quarter acre spaces,
which is very small. And I think as we're growing -- we already have
93 supporters, and I have their names and addresses I could share with
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March 10, 2015
the Board. We're up to 93 right now and growing.
We feel that this also supports Blue Zone initiatives, that we --
and we do want to do fundraising. We are interested, very strongly
interested in doing fundraising. We're even looking at trying to raise
funds for, I'm going to say half the money, but I'm not sure how much
the amount of money is going to be.
So any -- did you have any other questions for me?
COMMISSIONER TAYLOR: I do, yes. Could you please tell
me, Ms. Parkes, and I should know this, the dog park in the city, how
big is it?
MS. PARKES: 1.35 acres, Naples City. And that's the one that
Matthew Craig had developed.
COMMISSIONER TAYLOR: Yeah, just a little bit over --
MS. PARKES: Yes.
COMMISSIONER TAYLOR: -- an acre.
MS. PARKES: Yes, it's 1.35.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Correct me if I'm wrong, you
said the $284,000 is already budgeted. Are you saying it's already --
the cost estimate, not --
MS. PARKES: Cost estimate. The cost estimate.
COMMISSIONER HENNING: It's not budgeted.
MS. PARKES: Maybe I misspoke. Cost estimate.
COMMISSIONER HENNING: Yeah, because that is a big
difference.
MS. PARKES: Okay.
COMMISSIONER HENNING: The next thing I remember,
when you petitioned the Board of Commissioners, what I understood is
you were going to raise the money to put the infrastructure in. Am I
wrong?
MS. PARKES: We are going to support -- we want to support
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March 10, 2015
your cost. We had looked at the 223,000 for the Whitaker site. And
my partner, Shirley Stewart, the other person that's helping me move
this effort forward, we had talked about raising $100,000 to support it.
And because we've already got Matthew Craig coming in, the value of
that is about 25,000 as well. So I figured we were close to half.
COMMISSIONER HENNING: Okay, was that after your
petition that you were going to raise $100,000?
MS. PARKES: That's after our petition. We were looking at how
much the money was and thinking about how much we could raise.
COMMISSIONER HENNING: So my understanding was
correct, but now that you know that (sic) the cost is, you want the
county to put their share in it.
MS. PARKES: Well.
COMMISSIONER HENNING: I understand. Okay.
MS. PARKES: Shared experience. We want to share the
expense with you.
COMMISSIONER HENNING: Okay.
So I was thinking about making a motion to go ahead and develop
in the Golden Gate Park and set aside the land and allow for -- do you
have a name for your group?
MS. PARKES: East Naples Dog Park.
COMMISSIONER HENNING: Okay. For the East Naples Dog
Park to do a conceptual. And from that conceptual we can get better
numbers on the costs and bring that back to the Board. Would that be
acceptable to you?
MS. PARKES: It would be acceptable.
What about Whitaker?
COMMISSIONER HENNING: That's what I mean, Whitaker.
MS. PARKES: Whitaker?
COMMISSIONER HENNING: Well, Whitaker would be --
MS. PARKES: Or Golden Gate? You said Golden Gate.
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March 10, 2015
COMMISSIONER HENNING: Both.
MS. PARKES: Both. Yay.
COMMISSIONER HENNING: Both. I understand there's a lot
of people that have dogs out there.
MS. PARKES: Our concern is that --
COMMISSIONER HENNING: I don't have a dog in this fight,
but -- or I don't have a bone in this --
COMMISSIONER TAYLOR: Oh, my gosh. We've gone to the
dogs.
COMMISSIONER HENNING: I have chickens, but I'm not
bringing my chickens to the dog park.
MS. PARKES: Our concern is that we want to start fundraising
as soon as possible, and it's March and there's a lot of people here,
seasonal people, that are professional -- that are dog advocates, et
cetera, and that are willing to contribute. But we want to start
fundraising as soon as possible. We'd like your permission in however
that works.
COMMISSIONER HENNING: We're not going to --
MS. PARKES: And we were going to work with the Foundation.
I've already spoken with the Collier County Foundation.
COMMISSIONER HENNING: Right. And I don't think it's the
county's business to give you the go-ahead on fundraising. I think if
we have a conceptual plan we can get better numbers from that
conceptual plan and see if it's doable, okay?
MS. PARKES: All right.
COMMISSIONER TAYLOR: And Commissioner Henning, I
wondered if you would agree -- I don't know if this is a motion or not,
and I think you said you wanted to make a motion -- that we direct
staff to ask the City of Naples what it costs to maintain the dog park
that they have on the acre and three -- acre --
MS. PARKES: 1.35.
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March 10, 2015
COMMISSIONER HENNING: Yeah, I think that's great.
COMMISSIONER HILLER: We know what our costs are
because we maintain Rover's Run, so, I mean, we already --
COMMISSIONER TAYLOR: Do you replace the mulch,
though, in it? They actually scoop it out and do it twice a year, clean it
out.
COMMISSIONER HILLER: Oh, interesting.
MS. PARKES: You know, I don't know if you've been to the
Bonita park, but they have grass at that park and then in some of the
periphery area they have the pine needles, and that seemed to be very
low maintenance. I don't know if you've had a chance to look at that.
That was a -- I mean, it's just an idea.
COMMISSIONER HILLER: I've been to the one in Naples Park
-- I mean, in the City of Naples.
MS. PARKES: Yeah, because then you wouldn't have to scrape
it out, you could have grass and then the pine needles for lower
maintenance.
COMMISSIONER HILLER: That's a very good idea.
CHAIRMAN NANCE: Commissioner Henning, I'm going to
second your motion, but I want to point one thing out to you here.
This is a similarity to an item we just had. Here's a group with the
public that wants to provide valuable infrastructure to the county and is
asking the county to maintain it and operate it going forward. How
amazing. Just what we talked about on Rock Road.
But I'm going to support your motion --
MS. PARKES: Well, it's not my --
CHAIRMAN NANCE: No, I'm going to support Commissioner
Henning's motion to conceptually look at it. But I will note that also
you should note here that operating costs going forward for the
Whitaker project are estimated right now at $60,000 annually to
operate it going forward. But I'm going to support it because
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Commissioner Henning wants to bring it forward.
Any further comments?
COMMISSIONER HENNING: I want more information.
CHAIRMAN NANCE: Sir?
COMMISSIONER HENNING: I said I want more information.
CHAIRMAN NANCE: Okay. All right. But I'm just pointing
out the similarities of it. Very brisk conversation we just had.
Any further comments?
COMMISSIONER FIALA: Just repeat the motion one more
time? Because I thought what I heard was concentrate on Golden Gate
because that would be the easier one to get into, but also take a look at
Whitaker. So I'd better hear the motion again, maybe I misunderstood.
COMMISSIONER HENNING: Close, Commissioner. It's to go
ahead and give staff the permission to develop in the Golden Gate Park
and also for staff to take a look at the conceptual drawings for
Whitaker, and from that they can get a cost number associated so we
can have some better information on what the costs would be.
COMMISSIONER FIALA: So in other words, we might end up
with two, one probably coming on board pretty soon with the Golden
Gate, but then we can move forward with the other one as well if it so
comes to be.
CHAIRMAN NANCE: And I'm the second.
COMMISSIONER HENNING: And the substantial difference is
this is existing county land. It's not private land that is going to be
developed and maintained by the county.
COMMISSIONER HILLER: If I may say, this is more similar to
the Freedom Memorial where it's a public park and we have donations
made by the public to further enhance the park for the benefit of the
entire county.
While, you know, people in your community might frequent that
park, I may come out to that park, as an example. And there's a big
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March 10, 2015
difference.
COMMISSIONER FIALA: Do you have a dalmation dog?
MS. PARKES: No, I don't.
COMMISSIONER HILLER: Nor do I.
COMMISSIONER FIALA: No, I asked because she has like a
dalmation jacket on.
MS. PARKES: I should have worn my Pug shirt. I have two
Pugs.
COMMISSIONER HILLER: Go Pugs. I like Pugs.
MS. PARKES: Yeah, they're friendly.
CHAIRMAN NANCE: Thank you very much. Any further
comment by the Board?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Hearing none, we're passing it
unanimously.
All right, I think at this point we're going to take a break.
COMMISSIONER HENNING: You want me to put this on --
CHAIRMAN NANCE: And we will return at 1 : 10.
MR. OCHS: Thank you, sir.
(Luncheon recess.)
MR. OCHS: Mr. Chairman, you have a live mic.
COMMISSIONER TAYLOR: Am I chopped meat?
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March 10, 2015
CHAIRMAN NANCE: No, we already --
COMMISSIONER TAYLOR: I was up there waiting.
CHAIRMAN NANCE: We already gave you the warm-up. You
got the three-minute warning.
Okay, Mr. Ochs, I guess we're to 11 .D, is that where we are?
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Sir, we should first go to Item 7 on your agenda --
CHAIRMAN NANCE: Oh, yes.
MR. OCHS: -- Public Comments on General Topics Not on the
Current or Future Agenda.
MR. MILLER: We have no registered speakers, Mr. Chairman.
CHAIRMAN NANCE: Thank you. We're complete with item
number seven.
Item #11D
RESOLUTION 2015-51: ADOPTING THE FY 2016 BUDGET
POLICY — ADOPTED
MR. OCHS: Yes, sir. Now, Mr. Chairman, that moves us to
11.D which is a recommendation to adopt the fiscal year 2016 budget
policy.
And Mr. Isackson will make that presentation.
MR. ISACKSON: Good morning, Commissioners. For the
record --
COMMISSIONER HENNING: Move to approve.
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March 10, 2015
COMMISSIONER FIALA: Second.
COMMISSIONER TAYLOR: Oh, you made him wait that long?
CHAIRMAN NANCE: Any questions?
COMMISSIONER TAYLOR: Yes. And I agree. I just would
like your experienced voice or opinion on what the county needs to do
differently than they're doing. And I know that's putting you on the
spot in terms of budgeting.
MR. ISACKSON: Commissioners, we've said all along that
during the downturn we kept our millage rate the same. Cut close to
$100 million out of our budget at that time. And from a tax policy
standpoint the most important decision you make is set your millage
rate. And we just ask that you give due consideration to keeping it
millage neutral on the uptick so we can get after some of the things that
were neglected during the downturn.
You've got a number of asset maintenance issues that we're
dealing with. And you'll get a full briefing on that. You've got a
smattering of that in your policy. You'll get a full briefing on that in
June.
But from that standpoint, we simply would love for you to keep
the millage rate the same so we can capture those additional dollars
that are resulting from the taxable value increase.
COMMISSIONER TAYLOR: Okay, and then --
CHAIRMAN NANCE: Are there nods in the affirmative on that?
Mr. Henning -- Commissioner Henning?
COMMISSIONER HENNING: Yeah, I love the conservative
approach.
COMMISSIONER TAYLOR: The second question is, and I'll
get Commissioner Henning's attention on this one, there's a couple of
things that from my background I'm concerned. First of all, we don't
have a stormwater fee. I am concerned about that.
And then there is the issue of the state slowly choking the --
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March 10, 2015
I believe it's the communication tax revenue from the local
municipalities/counties. And how are we going to adjust? And some
constituents actually have suggested, and I know this is strange, that
there may be some kind of tax on communications we can do or a
franchise fee or something. And I'd just like a little discussion. Again,
I'm new to this board, and I'm not suggesting that I'm supporting it, but
I would like a little discussion on it.
COMMISSIONER HENNING: The communication tax is not
that much, from what I understand. I'd say let's go through the whole
budgeting -- the budget hearing and see where -- if there is significant
shortfalls for a utility tax.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HENNING: And I think due to the recent
past legislation that we might be limited to that. You know, Comcast
and the others. But all that is is really hidden tax.
COMMISSIONER TAYLOR: Oh, yes. I mean, folks say you
don't have income tax, state income tax in Florida, but there's a lot of
other taxes you have that kind of make up for that.
COMMISSIONER HENNING: The stormwater, the good thing
is the legislators are going to be really addressing that. And we have
one of those as an add-on item on the agenda. And the BP oil spill is
going to bring billions of dollars into the State of Florida.
I also talked to a constituent that has concerns about stormwater,
transportation and other things that haven't been done since the
downturn and has a very unique idea that I think is going to surface
later on.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HENNING: That's my input on your
concerns.
COMMISSIONER TAYLOR: And what's so interesting for me
is that unlike maybe four years ago or five years ago folks are actually
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talking about or having a greater understanding of where they're -- it's
because of the way you've managed it, frankly. They have a greater
appreciation of where their tax dollars go and they have a greater
appreciation of where we live and that there is a cost to living here.
And they want that quality of life maintained.
So it is to your credit, because you have managed a ship that was
very, very difficult to manage.
COMMISSIONER HENNING: Well, you have to give the credit
to the county staff. They've done a phenomenal job over the years that
this has been a downturn, now an uptick, in putting the funds, the extra
funds exactly where needed. The priority -- you could call it a priority
based budget. Anyways.
COMMISSIONER TAYLOR: Thank you very much.
CHAIRMAN NANCE: Mr. Isackson, what is the projected
increase in revenue that we're going to have this year versus the last
fiscal year?
MR. ISACKSON: From an ad valorem standpoint, if your
taxable value goes up seven and a half percent, you'll get roughly $17
million into the general fund, another couple million dollars into 111.
CHAIRMAN NANCE: And I know that the discussion and the
concern at last year's budget policy discussion was to address capital
infrastructure replacement and program maintenance that we had
deferred simply due to lack of funding.
And going forward I believe it was a consensus of the Board and
the recommendation of staff to pay attention to those things and make
sure that those things were taken into account. So if we have nods
across the dais, then I'm going to say, you know, we're going to
continue in support of that.
What else do you need on this item as a recommendation? Are
there any other salient points you feel the Board needs to be reminded
of just informationally, to make sure we're moving forward?
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March 10, 2015
MR. ISACKSON: Commissioners, other than the actual policies
themselves, you've got some dates that I'd like to put on the record.
Your proposed workshop hearing dates in June are the 25th and
26th, which is a Thursday and a Friday. And your public hearing dates
in September would be the 10th of September and 24th of September.
The only other housekeeping matter would then be the resolution
which you traditionally adopt which sets the May 1 date for submittal
of the budget by the Sheriffs Office, the Supervisor of Elections and
the Clerk's Office.
CHAIRMAN NANCE: All right, so there's a motion to approve
by Commissioner Henning, a second by Commissioner Nance.
Is there any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Thank you, sir.
MR. ISACKSON: Thank you, Commissioners.
Item #11G
A LICENSING AGREEMENT WITH WCI COMMUNITIES, INC.,
TO ALLOW THE USE OF COUNTY-OWNED REAL PROPERTY
ON A SHORT-TERM BASIS FOR TEMPORARY ACCESS AND
CONSTRUCTION STAGING — APPROVED
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March 10, 2015
MR. OCHS: Commissioners, that takes us to Item 11.G, which
was previously 16.C.2 on your consent agenda, moved to the regular
agenda at Commissioner Henning's request. It's a recommendation to
approve a licensing agreement with WCI Communities, Incorporated
to allow the use of county-owned real property on a short-term basis
for temporary access and construction staging.
COMMISSIONER HENNING: The reason I pulled this off is
they're going to build their outfall into the Cocohatchee. Historically
we -- well, I should say I don't know of any case that we need a
temporary easement that we don't pay for it.
So why are we allowing at no charge for somebody to use our
property for a temporary easement when we're being charged all the
time for a temporary easement? That's all.
So -- and I don't want to slow down. WCI is a great company. I
don't want to slow it down. I'm sure they want to go ahead and utilize
the property to build their community.
So I would like to make a motion to approve on the caveat that
staff get a fair market rate for utilization of the property.
COMMISSIONER FIALA: I'll second the motion.
MR. OCHS: Commissioners, if we might, sir, just one point of
clarification, and I'll ask staff to confirm, but it's my understanding
we're not granting an easement in this case.
COMMISSIONER HENNING: No, a temporary easement --
temporary use.
MR. CHMELIK: Well, it's a --
MR. OCHS: Temporary use.
MR. CHMELIK: -- temporary use for a license agreement.
COMMISSIONER HENNING: Yes, sir, temporary use.
MR. OCHS: Which is --just so everyone understands, when we
have a need on a reciprocal basis, and the Commissioner and I talked
about this, we always first ask for that temporary use or temporary
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March 10, 2015
easement to be provided to us free of charge. Sometimes we get it,
sometimes we pay. I think it depends a lot on the circumstances of the
particular project. But you know, there are examples in both
situations.
COMMISSIONER HENNING: Okay. Well, let me modify my
motion, based upon my mis-information, that we ask for a fee for
temporary use.
MR. CHMELIK: We can do that, Commissioner.
COMMISSIONER HENNING: Yeah.
MR. CHMELIK: Tom Chmelik for the record.
COMMISSIONER FIALA: Yeah, I'll second it.
CHAIRMAN NANCE: We have a motion by Commissioner
Henning, a second by Commissioner Fiala.
Any discussion?
Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I remember, going back in
the county's history, where contractors used to allow county property
for staging. And I agree with Commissioner Henning, I think, you
know, if we're going to allow the use of that land for private benefit, it
ought to be paid for. I mean, if that public land wasn't available and
they were seeking a staging area on private land, I'm sure that land
would be leased for that purpose. And it should be whatever is
appropriate, you know, whatever the appropriate market cost is.
MR. CHMELIK: And we've gathered some of that information.
This is a real estate business process, and I'd really like Toni Mott from
the Real Property Management to speak to this and what the
implications would be with the motion. Thank you.
CHAIRMAN NANCE: Any further discussion?
COMMISSIONER HILLER: Wait a second.
CHAIRMAN NANCE: Oh, excuse me.
MS. MOTT: For the record, Toni Mott, Real Property
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Management.
And as Leo has stated, there are many occasions where we do
obtain temporary construction easements, rates of entries for projects,
county-based projects where there's no cost associated with it. And it's
our understanding that transportation has a similar process with their
right-of-way permits. When there are developers and different outside
entities that want to utilize that area, they obtain a right-of-way permit
and they aren't charged a cost, so --
COMMISSIONER HENNING: And those right-of-ways are for
what, driveway?
MS. MOTT: I'm going to defer to Nick on all that.
MR. CASALANGUIDA: Commissioner, clarification, this
property is located next to the right-of-ways, as you know, because of
the construction.
But when they pull a right-of-way permit, the only time they pay
is a fee if they close a lane or a sidewalk. We have a closure fee,
depending on what time of year it is. But very routinely developers
will develop against the right-of-way. They'll stage up there, they'll
pull a permit to jack and bore, similar to what this developer does. We
don't charge a fee.
COMMISSIONER HENNING: Jack and bore for what?
MR. CASALANGUIDA: Could be for anything that they need:
Just across the road to tie into a utility on the other side, they'll pull a
right-of-way permit and they could stage within the right-of-way
today.
You saw a picture of Whitaker Road where the dog park was.
That's county right-of-way. We purchased that and that's leftover
property. If a developer was going to build something next door and
put a utility across underneath the road, they might pull a right-of-way
permit and stage in that area through the permit itself, and we've never
charged a fee for that.
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COMMISSIONER HENNING: Well, are they going to be doing
things above the ground?
MR. CASALANGUIDA: Above and below. They do both
through that permit, sir. Sometimes it's underground utility work that
they pull a right-of-way permit for, sometimes it's just above ground --
COMMISSIONER HENNING: WCI's going to use both, below
and above?
MR. CASALANGUIDA: Yes, sir.
MR. OCHS: On this one?
MR. CASALANGUIDA: On this one. They're going through
the road. They're pulling a right-of-way permit to jack and bore a
36-inch pipe.
COMMISSIONER HENNING: Right.
MR. CASALANGUIDA: So it's very typical that we don't charge
if it's construction related. If it's long term, then it's a different story.
This is just usually construction temporary (sic) and we ask that they
return the property back to the condition it was in.
COMMISSIONER HILLER: My understanding is different. I
mean, this is not just a right-of-way permit. I mean, they're using this
as a construction staging area. I mean, they're in effect using that land
to, you know, house their equipment, their supplies. I mean, that's very
different than getting a right-of-way permit to have access. I mean,
that's --
MR. CASALANGUIDA: It's actually very similar. The only
reason they're doing a license agreement is because it's a separate piece
of utility property. If that was just county right-of-way that would be
done just on a right-of-way permit. They're jack and bore under the
right-of-way and they're staging to cross that right-of-way on
Immokalee Road. If that was county right-of-way they would pull a
permit and they would stage up there, use the right-of-way, and if the
permit would state it, you would return the ground back to the
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condition it was in when you were done.
COMMISSIONER HILLER: But they would only be able to use
that property for -- or the right-of-way for the period of time that
they're --
MR. CASALANGUIDA: Same here.
COMMISSIONER HILLER: -- doing whatever they need to do
to cut across the road.
MR. CASALANGUIDA: Same here.
MR. OCHS: That's what this is.
MR. CASALANGUIDA: They're doing the same.
COMMISSIONER HILLER: Okay.
COMMISSIONER HENNING: Okay, so they're not using it for
staging, they're just putting equipment on there so they can jack and
bore.
MR. CASALANGUIDA: Staging, setting up their equipment to
jack and bore through the right-of-way permit.
COMMISSIONER HILLER: That's what's not here. I mean, and
it sounds very different from --
MR. CASALANGUIDA: You don't see these, because the
reason you see this one is because it's a piece of property utilities owns.
If this was on Whitaker, that piece where the dog park was, this
wouldn't come to the Board. A permit would be issued, they'd set up
their equipment, they'd do their jack and bore, they'd bring the property
back to the existing condition and then the permit itself would be the
agreement.
COMMISSIONER HILLER: So what you're saying is because
they don't have the right to do this by way a permit, you're doing it as a
legal agreement, Jeff?
MR. KLATZKOW: Yes.
COMMISSIONER HILLER: So then the question becomes why
don't we have a permitting process on non right-of-way properties like
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utility properties?
MR. CASALANGUIDA: It's owned by the water/sewer district
which is its own district in itself.
COMMISSIONER HILLER: Which is us.
MR. CASALANGUIDA: Right, and that's why they're bringing
it. It doesn't happen that often, so they're bringing you a separate
agreement. Typically it's covered by the right-of-way permit.
COMMISSIONER HILLER: This is not going to be used for
construction staging?
MR. CASALANGUIDA: No, it will be.
MR. OCHS: No, ma'am.
COMMISSIONER HILLER: But limit --
MR. OCHS: It's limited, yes, ma'am.
COMMISSIONER HILLER: There's a difference between
staging for construction and just putting the equipment there to get the
job done and then removing it immediately thereafter.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER TAYLOR: Which is it? The second one,
right?
MR. CASALANGUIDA: Well, I don't know the details of the
construction, but it would be no different. They'll put the equipment
there.
COMMISSIONER HILLER: This is not clear.
MR. CHMELIK: This is just staging for the jack and bore
operation that's going under the road. It's not staging for WCI, it's just
staging for a temporary --
COMMISSIONER HILLER: Is that clear, Jeff, legally?
MR. KLATZKOW: Yeah.
COMMISSIONER HENNING: I'm going to remove -- I'm going
to amend my motion and make a motion to approve.
COMMISSIONER FIALA: Second.
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MR. OCHS: And I apologize we weren't as clear as we could
have been.
COMMISSIONER HENNING: No, that's fine. I learned
something new.
CHAIRMAN NANCE: There's a motion and a second. Any
further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Thank you.
Item #11H
ADDING A REQUEST TO SUPPORT INCREASED FUNDING
OPPORTUNITIES FROM THE STATE OF FLORIDA FOR LOCAL
WATER RESOURCE PROJECTS TO APPROVED COLLIER
COUNTY 2015 STATE LEGISLATIVE PRIORITIES — APPROVED
MR. OCHS: Commissioners, thank you. That moves us very
quickly before your 1:30 public hearing to Item 11.H, which was an
add-on item. That's a recommendation to add to the approved Collier
County's 2015 State Legislative Priorities a Request to Support
Increased Funding Opportunities from the State of Florida for local
water resource projects. And Ms. Debbie White will take you quickly
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through the item.
CHAIRMAN NANCE: Commissioners, I think everybody
understands if you've been paying attention to the activity at the
legislature, that there is a very, very great focus in this year's session
on water related issues. And as we discussed amongst ourselves at
prior meetings, Lee County has been very successful in garnering
significant funds by being aggressive.
So I think Debbie's got a small underlined add-on to our
legislative priorities which I think she'll outline for us in order to help
us perhaps position ourselves for receipt of funds that could be
available.
MR. OCHS: Commissioners, I put it up on the overhead. The
underlined section is being proposed as Item 6 under your water
resource section of your legislative priorities.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: Any discussion?
(No response.)
CHAIRMAN NANCE: Hearing none and seeing none, all those
in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right, well, that change will be made
to our legislative priority summary that's available to everyone going
forward. Thank you very much.
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Item #9A
ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS,
INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FIVE -
SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05
AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY,
TO ALLOW AUTOMOBILE SERVICE STATIONS WITH MORE
THAN 8 FUEL PUMPS WITHIN 300 FEET OF RESIDENTIAL
PROPERTY TO SEEK APPROVAL THROUGH A PUBLIC
HEARING AND TO ALLOW NEW RESIDENTIAL PROPERTY
WITHIN 300 FEET OF AN AUTOMOBILE SERVICE STATION
WITH MORE THAN 8 FUEL PUMPS TO SEEK APPROVAL
THROUGH A PUBLIC HEARING; SECTION FOUR, CONFLICT
AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE — MOTION FOR STAFF TO
BRING BACK ADDITIONAL INFORMATION REGARDING
VAPOR MANAGEMENT AND MITIGATION AT FUEL PUMPS
AND POSSIBLE UNIFORM DEVELOPMENT STANDARDS
THAT WOULD INSULATE PROPERTY OWNERS WHEN A
SERVICE STATION IS PROPOSED NEAR RESIDENTIAL
PROPERTY — APPROVED; MOTION TO CONTINUE ITEM —
APPROVED
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MR. OCHS: Thank you, Commissioners.
Now that takes us to your advertised public hearing, which is Item
9.A on this afternoon's agenda. It's a recommendation to approve an
ordinance amending the Collier County Land Development Code
having to do with supplemental standards for automobile service
stations and more specifically to allow automobile service stations with
more than eight fuel pumps within 300 feet of residential property to
seek approval through a public hearing and to allow new residential
property within 300 feet of an automobile service station with more
than eight fuel pumps to seek approval through a public hearing.
And Ms. Caroline Cilek will present.
MS. CILEK: Thank you. Good afternoon, Commissioners.
I'm going to pull up my Power Point; please bear with me one
second.
COMMISSIONER HILLER: Can I ask a question?
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I would like to better
understand how we can legally require this without this somehow
creating a taking, regulatory takings. I just want to make sure that this
doesn't have that affect.
COMMISSIONER FIALA: Say that again?
COMMISSIONER HILLER: How can we be sure that what's
being proposed doesn't have the effect resulting in a regulatory taking?
MR. KLATZKOW: From a grand scheme we're always
balancing land use with public health. And the primary backup to this
is talking about public health effect of these stations. So I'm okay with
that.
On a smaller scale, you may have individual PUD's for example
where I don't know that this is going to affect it. But you'd have to
take that from an ordinance-by-ordinance evaluation.
COMMISSIONER HILLER: Well, I completely understand
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your, you know, public health, safety and welfare argument. Except
that if we do enact an ordinance to do that and take private property in
so doing, we still have to provide fair compensation.
MR. KLATZKOW: No, if you're getting at a Burt Harris type of
thing, that's an inordinate burden. This is a conditional use. We're not
saying that you can't do it, what we're saying is that if you're going to
do something like this, we may require certain conditions be done
before we approve it. So I think we're okay.
On an individual lot-by-lot, you may be right, we may have to say
no, we can't do it on this particular lot, but --
COMMISSIONER HILLER: And that's my concern.
MR. KLATZKOW: From a macro standpoint, I think you're
okay.
COMMISSIONER HILLER: It's the lot-by-lot basis that I'm
concerned about.
MS. CILEK: All right. To begin, Caroline Cilek for the record.
CHAIRMAN NANCE: Commissioner Henning, you want to say
something at the onset?
COMMISSIONER HENNING: Well, I want to hear the
presentation. I have questions. But I think Commissioner Hiller's
concern needs to be expanded upon, that lot-by-lot. And are we
prohibiting that lot-by-lot for the use presently allowed? So --
MS. CILEK: Caroline Cilek, LDC Manager with the Growth
Management Division.
Before making my presentation I just want to cover a few quick
things. First, preparing this amendment has been a very complex and
arduous process. Staff has worked diligently to address the concerns
that were brought up at the October 28th meeting by the Board. And
these included the health impacts of fuel vapors.
Staff utilized the best available data and recognizes that the
research presented ranges from 2005 to 2014. Yet it is noteworthy that
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the research presented in your binders was completed many years after
national reforms to reduce the health impacts of fuel vapors. Therefore,
this research can inform changes to the existing LDC Section 5.05.05,
automobile service stations.
Second, it's important to note that this amendment will not change
or prevent any of the gas station applications that are currently in
process. So those that have already submitted and that are in the
pipeline, there will be no changes to those through this amendment.
Third, it's also significant to note that any changes to the LDC
section may create some nonconformities in the county.
To put into context the amendment in this presentation, we've
noted on the Power Point slide discussion items from the October 28th
meeting.
So number one, the Board asked that the LDC section be revised
so that required separation/distances between gas stations and
residential is clear, that existing requirements for setbacks, walls and
buffers was also clear.
Two: To be as restrictive as possible regarding this type of use,
the gas station.
Three: To ensure property rights for all parties are protected.
Four: It was noted that commercial properties have by right the
ability to develop uses that may be seen as less desirable than gas
stations.
Five: To examine the compatibility and health concerns, in
particular, fuel vapors of gas stations.
Six: To require the maximum distance possible from residential
zoning.
And seven: The motion was in the end to address the fuel vapors
and to have a re-review by the Planning Commission.
One of staffs researched tasks was to look at the historical nature
of gas stations in the county. This graph illustrates each gas station in
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the county by year of establishment, and the number of fuel pumps is
also identified.
As you can see, over time the number of fuel pumps has steadily
increased. Between 1944 and 1970 the average number of fuel pumps
at a gas station was seven. The number has grown today -- or excuse
me, in the last 10 years to 17 fuel pumps. These figures come from the
Florida Department of Environmental Protection, Florida Department
of Revenue and the Collier County Property Appraiser, as well as
historical documents.
This map, which is in your binder, helps visualize where facilities
with fuel pumps or gas stations are in the county. We have divided
them up into several categories. The green dots are gas stations with
two to eight fuel pumps; yellow, 10 to 16 fuel pumps; red, 18 to 24
fuel pumps; and the black ones, just a couple of them, are bulk stations,
they typically have zero to five fuel pumps.
Staff searched for recommendations that were based on research
regarding the distance between a gas station and residential property in
order to establish a nexus for the proposed amendment. This nexus is
based on findings and recommendations found in the California
Environmental Protection Agency's Air Quality and Land Use
Handbook.
The handbook recommends locating large gas stations as
identified on the table as 3.6 million gallons a year of throughput, at
least 300 feet from sensitive land uses, including residential. And this
is based on the risk of cancer associated with the vapors released
during refueling.
This chart comes from the handbook and demonstrates how this
risk decreases over a distance.
COMMISSIONER HILLER: Can I ask a question on that chart?
It says risk per million. What's that 15 represent?
MS. CILEK: People. Million of people.
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COMMISSIONER HILLER: 15 people per million --
MS. CILEK: Oh, no, I believe it's 15 million. So five million, 10
million, 15 million.
COMMISSIONER HILLER: So it's five million?
MS. CILEK: Risks per million of people.
COMMISSIONER HILLER: That doesn't -- I absolutely do not
understand this. Can you explain this graph? I mean, don't tell me that
when -- you know, that the risk decreases, but what's the vertical axis?
CHAIRMAN NANCE: The number of people. So if you live at
the station, 15 people out of a million are going to get cancer. If you're
500 feet away --
COMMISSIONER HILLER: No, no, that's not what she's
saying. That's what I thought she said at first, but then she changed it.
MS. CILEK: Well, actually, I really like the way Commissioner
Nance described it.
COMMISSIONER HILLER: Well, it's completely different from
what you just said. I mean, are you sure you understand this graph?
MS. CILEK: I do understand that as distance increases the risk
goes down.
COMMISSIONER HILLER: Yeah, but I need to know by what
degree. Because 15 out of a million people is -- I mean, I just -- and
what exactly is the health risk to those 15 out of a million people?
MS. CILEK: The impacts of the fuel vapors on their health and
the cancer risk.
COMMISSIONER HILLER: And what exactly are we talking
about as the impact?
MS. CILEK: The risk of cancer.
COMMISSIONER HILLER: The risk of-- so 15 out of a million
people will develop cancer if you have fuel pumps within 300 feet of
where they live?
MS. CILEK: Based on the study.
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COMMISSIONER HILLER: So do we have existing gas stations
that we have permitted prior to today that are putting people at risk of
cancer?
MS. CILEK: I don't feel like I could speak to that issue. But I do
know --
COMMISSIONER HILLER: I'm really concerned about that,
though. I mean, if this is -- if you're saying that we're creating or we
have -- based on -- it sounds to me like we've created a cancer risk in
this county.
MS. CILEK: I'd like to continue the presentation and maybe that
will help answer your questions.
COMMISSIONER HILLER: Leo, I really need staff to answer
this. This is a big deal.
MR. OCHS: Commissioner, what precisely would you like us to
address?
COMMISSIONER HILLER: Explain this. I mean, we can't on
the one hand say, you know, there's a cancer risk and you have to
distance yourself. And, you know, is 15 out of a million reasonable,
unreasonable? How does that relate to the gas stations we've already
established?
You know, we're using these statistics as this nexus between this
regulation and public safety, and what it's suggesting is that we have
gas stations that we've permitted that are putting individuals at risk of
cancer already. And now all of a sudden we're changing?
And how can we even have a Conditional Use permit for any
property if we're saying that there's an established nexus between a
cancer risk and proximity to the stations? I mean, is it okay to have
five lives? Is it okay to have 10 lives, is 15 -- I mean, do you even
have a tolerance for cancer? This argument just doesn't make any
sense.
CHAIRMAN NANCE: Commissioner Hiller, if you've ever
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filled up your tank at a gas station, it says right on there that you're
putting a carcinogen in your car. So I believe that people are well
informed that hydrocarbons in general have an amount of risk that's
associated with them.
COMMISSIONER HILLER: And so what I --
CHAIRMAN NANCE: I would suggest to you that table salt is
much more poisonous --
COMMISSIONER HILLER: That's not the issue.
CHAIRMAN NANCE: -- than what we're talking about.
COMMISSIONER HILLER: The issue -- what I'm saying is --
you're right. And so the problem is this doesn't become a valid basis
for creating this regulation. I mean, I just -- it just doesn't make any
sense. We can't on the one hand -- do you understand what I'm
saying?
CHAIRMAN NANCE: Can I ask your indulgence one second,
Commissioner Hiller?
COMMISSIONER HILLER: This doesn't make sense at all.
CHAIRMAN NANCE: Would you let her -- let's take this item,
because I would like to comment on it, and I'm sure the other
commissioners. I have a concern with this too and I have some
comments to make. But if Ms. Cilek could continue to make her
presentation, we could drop back to the nexus issue. I would like to --
COMMISSIONER HILLER: That's fine.
CHAIRMAN NANCE: -- explore it with you because I have
some things that I think will stimulate the conversation a little further.
COMMISSIONER HILLER: Let's just remember attachment six,
Leo, if you can remember that so we can come back to this exhibit.
MR. OCHS: Will do.
COMMISSIONER HILLER: I mean, it just doesn't -- I just don't
understand it.
MS. CILEK: Al righty. Next slide. This image helps to
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visualize and demonstrate the definition of fuel pumps and how they
will be counted. So as you can see here, the yellow highlighted area is
one fuel dispenser and the red highlighted area are two fuel pumps.
Next slide. This is another image to visualize how the fuel pumps
will be counted at a gas station. This gas station has eight fuel pumps.
As you can see, there's two per fuel dispenser.
As we've identified a distance, or recommended a distance of 300
feet, we wanted to be able to share what that looks like, and so that
would be from the first row of cars out in the parking lot to about the
entrance of this facility.
COMMISSIONER HENNING: Wait a minute, wait a minute,
turn it back. I've got to figure out which parking lot you're in.
MR. OCHS: The parking structure --
MS. CILEK: Oh, no, the first row of parking that is in the
parking lot to the north of us on Airport Road. Right here is where --
COMMISSIONER HENNING: That's Commissioner Hiller's
car.
CHAIRMAN NANCE: She's filling up there.
MS. CILEK: So this -- yes, you can enter --
COMMISSIONER HILLER: Leo, call Risk Management stat.
MS. CILEK: You can enter off of Airport here. So then the first
row of parking. And then the line ends just about in front of the
doorway to this building.
COMMISSIONER HENNING: What is a typical commercial
lot?
MS. CILEK: It ranges.
COMMISSIONER HENNING: Is it 150 feet?
MS. CILEK: I know that in one district the smallest you could
have is 75 feet wide. But it ranges.
COMMISSIONER HENNING: The depth of it, not --
MS. CILEK: No, the frontage would be 75 feet.
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COMMISSIONER HENNING: Well, aren't we really talking
about if the lot is adjacent to residential, wouldn't the lot be in front of
us so you want to measure the depth of the lot?
MS. CILEK: I think it just depends on the layout of the proposed
gas station.
COMMISSIONER HENNING: It wouldn't be beside it, would
it?
MS. CILEK: Well --
COMMISSIONER HENNING: Let's say that -- most of your
zoning, C zonings, are along a major roadway.
MS. CILEK: Sure.
COMMISSIONER HENNING: Correct? And then the only
scenario that you'd have is the residential wouldn't be beside it, it
would be behind it.
MS. CILEK: It just depends. It could be across a small street, it
could be abutting, it could be --
COMMISSIONER HENNING: Would you measure the street as
far as the distance?
MS. CILEK: As written, yes. It would be 300 feet kind of like a
radius from whatever is more restrictive, either the fuel pump or the
vent riser, the fuel tank vent riser as well. Because fumes are also
released from that.
COMMISSIONER HENNING: Okay.
MS. CILEK: These three bullet points boil down the amendment.
So the first is that facilities with more than eight fuel pumps that are
within 300 feet of residential property would require a public hearing,
as well as new residential property within 300 feet of a facility with
more than eight fuel pumps.
We previously had identified either a PUDA amendment or a
Conditional Use as the two options for a public hearing. However,
through this process we've expanded that proposal to include other
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types of public hearings so that it could be streamlined.
COMMISSIONER HILLER: This is nine? This is Page 9?
MS. CILEK: Yes.
And then also there were criteria created to review the public --
for review during the public hearing process, and these would be in
addition to any of the other facts or findings that were established
through the rezone or the PUDA process.
Next slide identifies the Planning Commission recommendations
that were not included in the proposed text. They wanted these to be
brought to you all for consideration at today's meeting.
The first is to reduce the number of fuel pumps required --
requiring a public hearing when located within 300 feet of residential
property from more than eight fuel pumps to seven or more. In
essence this drops it down to six.
And the rationale was based on the Environmental Protection
Agency's identification of a large gas station would be has a potential
to have six fuel pumps that would then produce over 3.6 million
gallons of throughput a year. And large is deemed to be 3.6, according
to the handbook.
Two: Exempt existing PUDs which have identified automobile
service stations as an allowable use from requiring a public hearing.
With the support of Mr. Casalanguida and the planning and
zoning director, staff does not believe this recommendation advances
the public health and safety and welfare issues addressed by the
proposed amendment with regards to fuel vapors, because there are
many PUDs within the county and far less straight zoning districts, and
this would create a two-class type system.
Three: Consider creating administrative criteria so that the
facilities with fuel pumps could be approved without a public hearing
in specific situations.
This would require additional staff review and proposals to bring
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back through the process.
Four: To increase the side and rear yard setbacks to 50 feet.
Currently they are at 40 feet. And this would apply when the fuel
pumps are located on the side or the rear, not the building.
When they are --
COMMISSIONER HILLER: Can I just ask a question about
these things?
You know, looking at exemptions and conditional uses, your
previous charts have clearly showed that there is a cancer risk to
individuals. How can we give a Conditional Use if we know having
"X" number of fuel pumps generates so much vapor and these, you
know, individuals living in these homes will be adversely affected?
And how can you exclude buildings that are nonresidential where
people are working all day long exposed to these fuels? I just don't see
how you can make this a Conditional Use.
And if you're going to say that it's public health and safety, I can
see all these individual properties. I mean, 300 feet is huge. You are
going to eliminate the ability for these properties to use those
properties through their vested rights through this regulation.
MS. CILEK: One thing that is important to keep in mind that is
they're allowed to build a facility of eight or fewer fuel pumps, so it's
like -- excuse me, eight or more --
COMMISSIONER HILLER: But they have an investment back
expectation. If they have the ability to build more and now you're
restricting -- let's say they could build 20 and you're saying they can
only build eight, you're taking away the difference between eight and
20.
MS. CILEK: But it is through a process, and they could get
approval through the Conditional Use or a PUDA process.
COMMISSIONER HILLER: But you can't approve -- you're
telling me that there is a cancer risk. So how can you say there's an
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exemption?
CHAIRMAN NANCE: Commissioner Hiller, let us please allow
Ms. Cilek to finish just presenting and then I think each commissioner
needs to go and make an introductory statement or make a statement of
how they feel about it and then let's bore down into some of these --
COMMISSIONER HILLER: Sure. Thank you. I just wanted to
make sure it comes through at this point.
CHAIRMAN NANCE: I share your concerns and your
identifying issues, but I just think we need to let --
COMMISSIONER HILLER: Thank you.
CHAIRMAN NANCE: -- Ms. Cilek get this on the table.
COMMISSIONER HILLER: Of course. Go ahead.
MS. CILEK: This is my last slide. But I would like to speak to
the considerations that have been included that would be addressed
through the public hearing process. They are in your amendment. I'm
going to review a couple of them for you.
So through the process the number of fuel pumps would be
addressed. The proximity and mitigation that could be done to
residential property would be addressed. Hours of operation,
architecture of some of the more compatibility items would also be
included. And then one of the ones that was added recently was
whether there are other factors or technology that could be used to help
mitigate the fuel vapors at the gas station so that the health impacts
would be even more reduced.
So there are considerations that would be reviewed through the
process.
One of the Planning Commission's recommendations was to take
a look at these, among others, perhaps there's research out there, and
see if there are any site design standards that could be applied and
provided in the LDC that would then allow gas stations greater than
eight to meet those standards rather than going through a public
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hearing process. Planning Commission felt that it was up to you to
make a decision on how to move forward.
So there are options here.
CHAIRMAN NANCE: Okay. Commissioner Taylor, did you --
COMMISSIONER TAYLOR: No, I'm --
CHAIRMAN NANCE: Commissioner Fiala, you haven't said a
word. Let's start with you, ma'am, let's see what you're thinking, and
then Commissioner Henning.
COMMISSIONER FIALA: Yes, I think the reason this came to
us in the first place was because we have a new phenomenon that has
come into our county, and that is up until now our Land Development
Code was pretty protective over not only the landowners but also the
individual residential landowners, wanting to protect both. However, a
20-pump -- let me even say a 10-pump gas station had never been
considered before in residential neighborhoods because they were
usually on freeways and interstates. And to see a major say 20-pump
or 24-pump fueling station now settling into neighborhoods, we realize
that we needed to tackle this. Because all of our land development
codes with C-3 and C-4 allowed these properties to be built there. So
we felt that maybe we were -- maybe it's time that we update these C-3
and C-4 zonings to -- now that we have a new entry into this that we
had never even contemplated before back in the Seventies when we
started putting these things together and even in the Eighties. So that's
why we started in the first place.
I think you've done a great job. Definitely all of the things that
you had suggested to be included I thought were good, because they're
protective not only for the people who already owned properties
nearby but for the new property owners as well as, because then they
understand what the limitations are. It's not like they're going into this
thing blindly, and they can work together with the communities.
And I think -- I understand that sometimes they want to make a
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lot more money than what they would get now, but we also have to
take into consideration the property rights of the people who already
live there.
So I'm for this. I have some -- the not recommended ones, they
are a couple I like and some I don't like, but I can comment on those
later.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: It's hard for me to follow this
without the proposed strike-through and underlined.
MS. CILEK: Oh, would you like me to put that on the overhead?
COMMISSIONER HENNING: I can't study it. Right now I can't
study it.
MS. CILEK: Did you receive it?
COMMISSIONER HENNING: No. It's not in the binder, is it?
MS. CILEK: Yes.
CHAIRMAN NANCE: Yes.
COMMISSIONER HENNING: It is in the binder?
MS. CILEK: Yes.
COMMISSIONER FIALA: Right here. Yeah.
COMMISSIONER HENNING: Which --
MS. CILEK: Attachment one. Page 7 -- well, I'm looking at
Page 17, but it starts more or less on Page 15.
COMMISSIONER HENNING: Oh, okay, 13. Okay. Well,
thank you, I'll review that.
There -- there has to be a fuel vapor fallout. Was that a part of the
study that you --
MS. CILEK: Do you mean the vent riser where the fumes come
up? Most of the times it's in the canopy of a gas station? Right, what
we prepared in the text on Page 16, which is the bottom of the table --
COMMISSIONER HENNING: Is this part of the attachments?
MS. CILEK: It's part of the amendment.
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COMMISSIONER HENNING: Oh, the amendment on
attachment three?
MS. CILEK: Attachment one.
COMMISSIONER HENNING: Attachment one, okay.
MS. CILEK: Page 16. And it's the little 1, and it says the
measurement shall be the shortest distance between the nearest fuel
pump or the underground storage tank vent riser opening.
Now, that's not necessarily underground. It could be high up as
well. But that's the technical term for it.
COMMISSIONER HENNING: Yeah, the vapors, they dissipate
or rise or lower. I don't know what they do in this case. And I think it
could have been in that California study that --
CHAIRMAN NANCE: It depends --
MS. CILEK: Yes.
CHAIRMAN NANCE: -- Commissioner.
COMMISSIONER HENNING: Depends on what?
CHAIRMAN NANCE: Well, you want to talk about it right this
second?
COMMISSIONER HENNING: I want to know that, because --
MS. CILEK: Well, I will say that staff did not do analysis on
what fuel vapors do on a site per se. We know from the research that
they come out of the vent riser and while you are refueling your car.
So as you're standing there they come out of that area as well.
There are good protections in place. When they come and put
fuel into the underground storage tank, there's good protections there
already. So the main areas are the vent riser and as you're refueling.
COMMISSIONER HENNING: You're proposing these little
accordion attachments to the --
MS. CILEK: It's one thing that could be done. Most cars have
something that captures the vapors as they are -- or they could be
released during the refueling process, but not all do. Some are older
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and they don't have that technology. Or when you're refueling a boat
or when you're refueling the red can to fill up your lawnmower, yes, or
perhaps you spill. Everyone does, right, spill a little gasoline
occasionally. So during that process you don't capture all those vapors.
COMMISSIONER HENNING: Are you proposing this in the
amendment?
MS. CILEK: No, this is when fuel is released at a gas station.
COMMISSIONER HENNING: Right.
MS. CILEK: And so the recommendations are following the
technology that came on board in 1944 -- 1994, excuse me, and so
that's where the recommendations come from. The 300 comes after all
of those technologies were included. But one option could be, and
that's identified in one of the considerations --
COMMISSIONER HENNING: But that's not being proposed.
MS. CILEK: No, because most cars already have that in them.
COMMISSIONER HENNING: Well, most cars have fuel vapor
recovery systems --
MS. CILEK: Yes.
COMMISSIONER HENNING: -- once the gas cap is on.
MS. CILEK: No, I believe it's during the refueling process.
COMMISSIONER HENNING: Okay. Well, I have to go back
to my mechanics class then, because I guess I was mistaken.
Commissioner Nance, do you have --
CHAIRMAN NANCE: Yeah, let me make a few introductory
comments and maybe it can help frame the conversation a little bit.
Because I'm thinking in maybe a little different terms that my other
fellow commissioners.
One thing that we need to realize, a little background. Lee and
Collier Counties have some of the best air quality in the nation. This is
taking all sources of pollution into account.
As a matter of fact, last year the American Lung Association State
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of the Air Report said that Lee and Collier Counties are among the
cleanest in the county (sic). One of the reasons that we have some of
the cleanest air in the county (sic) is that we don't have a lot of local or
regional sources of pollution other than automobiles in some of the
background sources such as vapors at gas stations.
We also enjoy a lot of natural features that help mitigate the
effects of all sorts of pollutants, gaseous pollutants and particulate
pollutions, that's little particles in the air or vapors from organics or
vapors from combustion like tailpipe exhaust and things like that.
One of the things that's concerning to me about the background
and some of the things that Commissioner Hiller was talking about is a
great deal of this data has come from the California EPA's Air Quality
and Land Use Handbook. Unlike Collier County, which has great
natural features, and I'll explain what they are, California has terrible
features. They have terrible natural features for pollution, they also
have some of the greatest pollution generators, and that affects what
they do. They also have some of the most polluted air in total in the
country where we don't.
What the California EPA is looking at is not what people are
looking at in Florida. I think we're making a great -- we're doing a
great disservice to ourselves by evaluating things that are occurring in
Florida based on the conditions and things that are occurring in
California. I think we're at opposite ends of the spectrum.
Let me give you an example. Some of the natural features which
mitigate pollution are flat terrain. Flat terrain lets air move,
mountainous terrain traps air.
Another thing that we have that most of California doesn't have is
we have sea breezes. You might think that some of the cities in
California are coastal but many of the big cities in California are inland
and create great pollution.
We also have solar radiation, which means we have sun that's
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coming -- it's hitting the sun, it's making the ground warmer than the
air. When the ground is warmer than the air, the air has a tendency to
rise.
California and some of the arid areas in the world have a tendency
to have inversions, which means actually the warmer air is up in the
atmosphere a little bit and the ground is actually cooler, which stops
convection from going up.
We have warmer temperatures in general than California which
causes air to move. We also have higher humidity, which has been
shown to mediate all sorts of pollutants. And we also have more rain
than California does.
So all those natural things produce in Collier County a local
convection and conduction of air that helps mediate all sources of
pollution. That is one of the reasons why we have the best air in the
nation.
We have low sulfur dioxide, we have low nitrous oxides, which
are -- a lot of them come from cars. One of the things we're fortunate
here is because of the nature of our community and the demographics,
we have a lot more late model cars, particularly in the areas where
most of our gas stations are, so they have -- late model cars have more
pollution amelioration things like vapor recovery systems that don't
occur on older cars.
We also have very little regional pollution. We don't have sulfur
dioxide which is produced from high sulfur coal, because our power
plant right up the road recently converted over to low sulfur natural
gas, so we're getting the benefit from that.
The other thing that we have that a great deal of California doesn't
have is we have an abundance of trees and plantings which have been
shown to mitigate pollutions and create an urban microclimate that's a
lot healthier.
Basically what I'm trying to tell you is we have these natural
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features that help ameliorate some of the things that are going on.
So what we're looking at here is we're looking at a suggestion, in
my view, that a larger gas station is somehow adjudicated to be worse
than a small one. And we're giving no credit for the fact that newer
gas stations may have better management practices and vapor recovery
systems than older stations. You know, it begs the question, which is
better, one fuel station that has 24 pumps or three that have eight
pumps? I think that's a very provocative question.
So here's what I'm concerned with. What I'm interested in is there
is -- it is established that there is risk. I'm not so sure, Commissioner
Hiller, that we can go out based on California EPA's analysis and we
can say that that same risk that they suggested out there directly applies
to us.
COMMISSIONER HILLER: I agree with you.
CHAIRMAN NANCE: I would suggest to you that that's not
analogous at all and we're making a very big mistake on that.
But what we have is I think we need to look at okay, we know
hydrocarbon vapors are not good. So rather than rely on regulating the
size of the station or simply relying on the distance, I think we need to
evaluate an entire package of mitigation that examines how are we
going to have the least exposure of people to vapor. And that covers a
lot of different things.
Because this vapor is heavier than air, it comes out, it falls to the
ground. You know, we have this convection moving. We have the
possibility to have, you know, I don't know, physical barriers like
buildings, physical barriers like walls. We have an opportunity to
examine if there's a roadway between a filling station and a sensitive
area, what is the effect of that roadway. Studies that I've looked at say
that mere presence of a four or six-lane roadway itself may be more
severe than what you're getting out of a filling station. Just the
pollution that's being produced by a busy crowded roadway may well
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be worse than what we're getting here.
So there's a lot of things to talk about, there's a lot of things to
think about.
Here's the unintended consequences that I don't want us to get
into by -- I can't support immediately going to a Conditional Use on all
of these, because I think there's some unintended consequences. And
this is a short list that I have.
I think if we're not careful, we're going to create a suggestion here
that we really have a serious risk to health in Collier County, and I
would like to put that to bed right away. I would guarantee you it's my
opinion that based on gasoline stations alone, we are not creating a
health and safety risk. I would hate for this Board to come to that
conclusion. I think it's just going to create an irrational fear on our
citizens.
Restrictions? What I don't want to do is I don't want to create
artificial restrictions in an attempt to do something good that
discourage and limit the most desirable and progressive people that are
going to market fuel. And those are the ones that seem to want larger
convenient stores attached to them. I think those are the -- those
corporate entities are the ones that may well have the mitiga-- the
dollars available to put some of these mitigation strategies into effect
for us.
I would also as an unintended consequence create a situation
where we're creating a greater number of stations to monitor and
control and actually pro-- you know, we talked before that we do not
want to create a gasoline alley. I think if we make it so we can't get
some of these larger stations we're actually going to create one. I think
we're going to have small number of pump stations everywhere,
because our community's going to need "X" number of pumps. I don't
know what that number is. But, you know, how do you want them?
You want them in a couple of places or do you want them just literally
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everywhere?
I just don't want to as an unintended consequence create more
conflict with sensitive properties like residential and others instead of
less just as a consequence of rushing into a Conditional Use. I believe
that our Planning Commission, by suggesting that we evaluate and
identify other mitigating factors, that the applicant could obtain
administratively rather than throwing everything up in the air every
time -- in other words, identify good mitigating strategies and best
management practices that we're going to want out of the people that
are dispensing fuel in our county.
But I think we have to do that in a very comprehensive way. And
I don't think just have a -- you know, pushing the panic button and
going to a Conditional Use is a way to do it.
COMMISSIONER HILLER: Can I comment on what you said?
CHAIRMAN NANCE: Yes.
COMMISSIONER HILLER: I agree with you. And that was the
point that I was coming to, which is why I questioned how this could
be done.
I don't disagree with you that the bigger issue is, you know, how
to recover the vapor from all these pumps. Whether it's eight or 12 or
15 or 20, it doesn't matter, because the exposure is not only to whoever
is in a residence, but it's whoever's working, you know, in that
commercial building. Whoever is pumping the gas is exposed to these
carcinogens. And vapor recovery is a big deal. And it's not only a big
deal with respect to the fuel pumps, but it's also a big deal with respect
to automobiles, as you properly say.
So I don't know the extent to which we can regulate what type of
recovery system prospective fuel stations will have in Collier County,
but it's my understanding that other jurisdictions in Florida and other
states have implemented those types of standards. And if we're going
to care about public health and safety, then what we need to do is
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develop a broader policy and regulation that says the fuel pumps in
Collier County have to be of a certain type that have that type of
recovery system and require those recovery systems, you know --
CHAIRMAN NANCE: Can I comment to you just briefly?
COMMISSIONER HILLER: -- for those businesses.
Yeah.
CHAIRMAN NANCE: I will remind the Commissioners, in
2012 because of advances in vapor recovery at gas stations and
technology that was available in vehicles, the Obama EPA actually
reduced a requirement for putting those little boots on the pumps.
They were getting such great response from that, that, you know, we
do have some technology that's helping mediate this problem. It's not
something you can get rid of entirely.
But like I say, rather than relying on size and distance only, that a
more comprehensive approach is really indicated. And I think it's
going to produce the best results. I think if we -- I think it would be
delusional on our part to believe that simply distance and number of
pumps is what we need to look at to get our head around this issue.
COMMISSIONER HILLER: I agree with you. I absolutely
agree with you. And I think what we need to do is direct staff to come
back to us with what research exists out there or that they could come
up with as to what other jurisdictions are doing with respect to fuel
recovery and requiring that in new stations.
Because it's not, like I said, only about those living in residences
close, it's the people working in businesses, it's the people pumping the
cars and it's the children sitting in the cars as the cars are being
pumped.
CHAIRMAN NANCE: Remember also what your elementary
school told you. The elementary school teacher said the solution to
pollution is dilution.
COMMISSIONER HILLER: Oh, no, no, she did not.
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CHAIRMAN NANCE: Oh, yes, she did.
COMMISSIONER HILLER: She did not.
CHAIRMAN NANCE: I was there.
COMMISSIONER HILLER: You were not.
CHAIRMAN NANCE: The solution to pollution is dilution.
And one of the things that we have to do is a consideration on
mitigation is that okay, a certain amount of vapor is going to get away
from us. We know we're not going to get 100 percent of it. What we
don't want is we don't want a harmful concentration.
COMMISSIONER HILLER: Right.
CHAIRMAN NANCE: So there are mitigation strategies to deal
with it that deal with not only how we catch it but okay, when the
genie gets out of the bottle how do we keep it from being a problem to
the next door neighbors or the community in general. That's what
California is doing. That's why they do all kinds of stuff and it still
doesn't work because they've got so many natural disadvantages.
But I think focusing on our natural advantages will help.
Commissioner Henning?
COMMISSIONER HILLER: I agree with you.
COMMISSIONER HENNING: What about the lot-by-lot issue
that Commissioner Hiller brought up? Are we saying they can't have
-- on C-3, C-4, C-5 they can't have a service station?
MS. CILEK: I can barely hear you.
COMMISSIONER HENNING: I'm sorry.
MS. CILEK: It just depends on the situation for gas stations that
are proposing to construct, you know, less than eight or more than
eight would fall into different categories.
COMMISSIONER HENNING: But less than eight, more than
eight means they can still go through the Conditional Use.
MS. CILEK: Well, the regulations are for eight or more, correct?
So if you're under that --
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COMMISSIONER HENNING: Under what?
CHAIRMAN NANCE: Eight.
MS. CILEK: If you're under eight --
COMMISSIONER HENNING: Right.
MS. CILEK: -- then you don't have to go through the Conditional
Use process.
COMMISSIONER HENNING: Right.
MS. CILEK: And so you would just propose the development
and go through the permitting process to get approval.
If you're a large gas station, then you would go through the
process through whatever public hearing process is relevant to you.
COMMISSIONER HENNING: Based upon the existing zoning
today you could still seek approval. We're not denying anybody what
their present right is today; is that correct?
MS. CILEK: It would change depending on what they proposed,
right? So the right to build is not denied, it's just what are you
building. And then if it's a large gas station, then it would go through a
process.
COMMISSIONER HENNING: Yeah, you still have a process to
go through, so nobody's rights' being taken away by a lot-by-lot basis.
COMMISSIONER HILLER: It is.
COMMISSIONER HENNING: Why?
COMMISSIONER HILLER: Because she's saying that now all
of a sudden you have to -- you have a different set of standards for the
same pump. If you have nine pumps, you have to go through a
conditional approval. So now you have to prove all these things which
before you had as a matter of right. So you absolutely have a
regulatory takings.
And then, you know, we can sit there and go, well, we don't think
this condition or that condition. I mean, we're making up conditions,
and --
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COMMISSIONER HENNING: Well, the regulatory taking
happens if you're denied.
CHAIRMAN NANCE: Right. Well, right now you can --
COMMISSIONER HENNING: If you're denied.
CHAIRMAN NANCE: Right now you can put 24 pumps on a
C-4 parcel by right.
COMMISSIONER HENNING: Correct.
CHAIRMAN NANCE: Or 30 or 40.
COMMISSIONER HENNING: And is that the proper land use
adjacent to a neighborhood? And I think that's the real issue. So I'm
sympathetic towards Commissioner Fiala's --
CHAIRMAN NANCE: I am too.
COMMISSIONER HENNING: However, and this has nothing
to do with staff, I think what we did was lead them astray. They found
a study in California. Commissioner Nance properly -- there's no
distinction there between California and what we have in Southwest
Florida.
So I'm not sure if anything's going to pass today. So if there's
directions, what the directions should be.
COMMISSIONER FIALA: We have public speakers.
CHAIRMAN NANCE: Well, let's take comments from
Commissioner Fiala and Taylor. Let's go to Commissioner Taylor,
because she hasn't said a word, and then we'll try to circle back to the
public.
COMMISSIONER TAYLOR: I have -- I was not on the
commission when this was proposed. I was involved in the
background. So I guess my question is what are we trying to do? And
maybe that's a --
COMMISSIONER FIALA: That's a good question.
COMMISSIONER TAYLOR: And I'm not saying this in a
facetious way. What do we want? Do we want to protect our
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residential properties from encroachment of the commercial use of a
gas station?
COMMISSIONER FIALA: I think what we're really trying to do
is update our Land Development Code, because right now it never had
to deal with anything that was over eight pumps before. And so now
this is a new element that is only just beginning. Now, we had six of
them hit real quickly before we realized that that was -- that they had
by right the ability to do that. We know that many more are coming.
Not only that, but we know other huge interstate type gas stations are
only always coming.
COMMISSIONER TAYLOR: Big box gas stations.
COMMISSIONER FIALA: That's right. They're interstate type.
You know, they're like truck stops almost.
But anyway, I think we need to take a look at what our Land
Development Code says. And if everybody thinks it's just fine, okay.
I don't see what's wrong with a Conditional Use because then you're
addressing these things according to the area.
Like for instance, they built a huge one right there on Airport
Road. Yes, it was huge. Yes, the people had problems getting in and
out of their neighborhood. But it seems to be maybe there were things
that they could modify just a little bit as far as the road transportation
issues. But actually it fit in there beautifully. Everybody can go -- it's
right there in an industrial area. Perfect. And so that to me would be a
Conditional Use and you'd probably say yes, just make this turn lane
wider or something like that. But at least you'd have something to say.
They put another one in right smack next to a mobile home --
actually, a number of mobile home parks, and they were filled with
elderly. There was -- there was nothing that they had to do, but luckily
through some work through our growth management division we were
able to insist that they put a wall in there, a high enough wall to protect
those people with trees on both sides.
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But if we don't have any type of a Conditional Use available to us
in situations like this, there's nothing that we can say except great, you
know, just build whatever you want.
I don't see anything wrong with a Conditional Use. There's
nothing wrong with it.
MR. CASALANGUIDA: I could give you a little help and show
you two examples, Commissioners.
For the record, Nick Casalanguida.
Conditional Use is a site impact review that you loop at things on
a case-by-case basis versus site standards that are administrative. So
let's take a gas station on the corner of two streets where there's
residential on one side and there's a preserve or just vacant land on the
right.
So on a conditional use you might say well, there's residential
here, we want to buffer that, sight and sound, we want a wall, we
would like full cut-off optics, we would like your site access to change,
so you would review it on a case-by-case base.
On site impact standards you would put codes in the LDC that
says all gas stations greater than eight pumps would have a 25-foot
wall, full cut-off optics, security guards, if they're open 24 hours a day,
from 11:00 to 3:00, and they would put vapor recovery systems in.
Those are site standards. Those would be administratively
applied evenly across the board. So that's the difference between the
two, it's whether you want --
COMMISSIONER TAYLOR: Prospectively.
MR. CASALANGUIDA: Sony?
COMMISSIONER HILLER: Prospectively.
MR. CASALANGUIDA: Yes, ma'am. New standards that we
apply --
COMMISSIONER HILLER: Nothing that would -- but
Conditional Use is very different from what you're describing.
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MR. CASALANGUIDA: Well, Conditional Use is a zoning
compatibility -- it's a zoning change. So you're saying per the zoning
code I'm allowing this change to take place. And then you mitigate
those impacts and you look at the ones that you use typically which
would be noise, traffic --
COMMISSIONER HILLER: This particular regulation is
proposing for property owners that as a matter of right now can build
let's say 30 pumps that suddenly to get between eight and 30, they
would have to satisfy new conditions when prior to this change they
were permitted to put in those units by right.
MR. CASALANGUIDA: Absolutely correct.
COMMISSIONER HILLER: That's a problem. If you're dealing
with properties that will prospectively be, you know, zoned C-3 and
C-4 under this umbrella, that's one thing. But properties that already
have vested rights to suddenly say, well, you no longer have a vested
right, now in order to get that, quote, vested right you have to satisfy
certain conditions if you're over "X" number of pumps?
And the bigger problem is what Commissioner Nance said, and
that is all this health study that you have pulled forward applies to all
these fuel pumps, not whether there's eight or 12 or 20 or 30. Because
individuals exposed -- I mean, what you've raised before this Board is
a completely different issue unrelated to the volume of pumps. It's
related to the issue of whether our standards for fuel pumps generally
are adequate to protect health safety.
And so maybe what we need in our code is for new pumps.
When an old pump is replaced with a new pump that it includes that
new recovery system, because you can't do it any other way. And then
if you're introducing these new standards with new recovery systems
that really do mitigate substantially, then you can't come back and say
well, these stations need to be 300 feet away because these new
recovery systems coupled with the new cars, as Commissioner Nance
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pointed out, that have their own internal recovery system are
eliminating the exposure to the carcinogens.
MR. CASALANGUIDA: Absolutely.
COMMISSIONER HILLER: So you're really -- I don't -- I think
Commissioner Nance is right, this is not the solution to the issue of,
you know, whether we want gas stations beside residences. And the
question is how do you accomplish that? And we had the same
discussion at the last meeting and I think staff did a really, you know,
serious attempt to come up with a solution. But I just don't think this is
the solution to that issue. I mean, I think you need to try to figure out
how you can prospectively, not effecting any property owners' vested
rights, separate gas stations from commercial neighborhoods -- I mean
residential neighborhoods. And that's --
MR. CASALANGUIDA: And Commissioner, this is where we
need your help, because --
COMMISSIONER HILLER: And we also need to have you look
at this issue of the reduction of, you know, vapor recovery standards,
like other jurisdictions are doing, because I think that's very important.
MR. CASALANGUIDA: As I spoke to you individually, you
know, I met with staff yesterday evening, I said there's a wide variety
of pleasure of the Board. And what we need is some good direction on
this. Because it's either going to go through a Conditional Use process,
which, you know, some of you seem to be interested in and some not,
or site standards that, as the Chairman said, come up with good site
standards, best management practice for vapor recovery, noise
mitigation, things like that.
But the last time we met on this subject, there was a kind of a
consensus that you didn't want it to be administrative. You wanted it
to go through a public process. And that's what we brought you. And
as I see Commissioner Fiala nodding her head, if the majority is not to
do it that way then I need some guidance.
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COMMISSIONER HILLER: I don't see how you can if you're
raising cancer risk. And I just --
CHAIRMAN NANCE: Let's let Commissioner Fiala continue
for a moment. And I know we're far from complete.
COMMISSIONER FIALA: Okay, fine. Thank you.
We talked first about the air quality. And you were saying the
best air, you know, that we had around the country, and that was last
year. That's before we had any of these larger gas stations which are
waiting at bay 'til we make this decision, because they want to come
into the community too.
I heard about this WaWa that's going to come in. A lot of people
-- I can't believe all the excitement over a WaWa. I've never seen a
WaWa or anything. People are all excited to see them coming in. And
that's great. I'm happy that they are. I just want to make sure that we
have something in place to protect whatever neighborhoods they move
into so that there's an agreeable conclusion so that they can't just march
in by right without making any provisions for the surrounding
neighborhood.
And just like in the Estates, when you bought in the Estates you
had free air, clean air, and never concerned that any gas station could
move in. But heaven help you if there was a C-4 zoning there, all of a
sudden they could move in. And I'm sure the Estates people would
want something in place by conditional right. Maybe those people
have a right to have that gas station, but there should be some
conditions whereby the people in that area are protected.
And lastly, as they put -- then we were talking about all the gas
stations and more and more and more. But as they put each new big
gas station in, the smaller gas stations go out of business. You all
know that. We all see that happening all the time. So that means then
as the smaller ones go out, more bigger ones will come in. And like
one of them went in and they were replacing another gas station, but
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the gas station had two pumps and they're putting in 20. I mean, but a
gas station is a gas station, it isn't defined there either.
So I think we have to think seriously about both. Everybody has
property rights. Let's just help guide it so that it comes to a positive
conclusion for our residents as well as for the business owners. That's
all I'm asking.
CHAIRMAN NANCE: Let me make a couple of comments here.
Let me make a crazy supposition to you, let me play the Devil's
advocate for a second. Let me make the argument for -- and I'm not
telling you this is my opinion, but let me make this argument for a
minute, that bigger and newer is better than smaller and older. Okay?
Ask yourself which would you rather be living next to, a
state-of-the-art 24-pump gas station --
COMMISSIONER FIALA: That's already in --
CHAIRMAN NANCE: Now wait a second.
Now remember, you have two elements here. You have a
convenient store element, and I know you're concerned with that,
because you say it's going to be open 24 hours a day, so you have a
convenient store element. But what I'm speaking to is I'm speaking to
the vapor element for a second, okay?
So you have a corporate so-called -- Commissioner Taylor
described them as a big box gas station. Realize that these people are
going to probably be state of the art. They're probably going to be
dedicated to --
COMMISSIONER FIALA: Making money.
CHAIRMAN NANCE: Well, they're dedicated to making
money, but they also have available to them the dollars to put in
state-of-the-art vapor recovery, so on and so forth. So they have the
money to build barriers, to build walls. Maybe a convenient -- a larger
convenient store attached to it is actually a barrier to a sensitive area.
Maybe we'll determine that that's the case.
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So ask yourself this question: Would you rather have one big box
gas station, 24 pumps, or would you rather have three eight pump
single proprietor franchise gas stations?
Now, what does that single proprietor bring to Collier County? It
brings a smaller business.
COMMISSIONER HENNING: I know the answer.
CHAIRMAN NANCE: But is it a safer business? Is it a safer
business? I don't think we can jump to that conclusion.
So what I'm saying, I agree, I think we've got probably more
questions than we started the day with. And, you know, I know I do. I
know I don't have the answers, but I don't think that we can -- I think
that we owe ourselves and we owe the community a chance to go
through and identify all the different mitigation strategies we have
available to us, figure out how we can apply them with the minimum
of loss to property rights, and also get -- you know, I don't think it's a
mutually exclusive thing. I think we can be -- I think we can protect
property rights and I think we can also actually keep these fuel vapors
to a minimum. I do.
And I don't think -- like I said before, I don't think we can focus
strictly on the number of pumps in a location or the distance as the sole
determiner of our approval. I think we need to examine this more.
I would -- you know, I would make a motion to have staff
reexamine this. Now, I know one thing that we've got a problem with,
and the County Attorney is going to fall out of his chair over here,
because we have a moratorium. And he's concerned that our
moratorium is going to run out and cause a challenge. But, you know,
my question to him earlier was okay, if we're trying to come to grips
with this for everybody's benefit, who's going to challenge it? You
know, if we're trying to find a way to get the best combination of size
and value and protection for everybody, who's going to challenge that?
But I know we're going to have to come to grips with that.
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But I'm going to make -- you know, I'm going to make a motion
that we have staff, you know, consider all the things that we've talked
about and come back with a list of stipulations that we can apply
administratively, and then if there's something that we can't meet
everybody's standards -- and what I'm suggesting to you is, I'm
suggesting to you that if you go out to some of these people that are
professionals at selling fuel, you're going to find out that they're going
to be able to tell you what the best mitigation strategies are. And I
think we'd be very foolish if we didn't look at them, because I think
they're professionals and I think they know how to come to grips with
this, and I don't think this Board does.
Commissioner Taylor?
COMMISSIONER TAYLOR: A question for Mr. Klatzkow.
Mr. Klatzkow, is the reason that the Conditional Use is important
is that it helps send the message or in the process it is not a taking, it
becomes conditional; is that correct? It's important to incorporate the
conditional process within this permitting.
MR. KLATZKOW: It depends. And this goes back to your
earlier question, what is the purpose of this. Are we talking about
compatibility with a residential neighborhood or are we talking about
health? Because now you've got two separate things, all right?
Normally when we're talking compatibility conditional uses, what
we're saying is that, you know, you've got to use that with certain
conditions can be made, you know, compatible with the neighborhood
so we'll approve it. Those could be walls, they could be buffers, any
number of different things. We do this all the time in Collier County.
Now you'd have the health issue though, and that's different.
That's something we really haven't done before, trying to come up with
Conditional Use to reduce health risks. Your staff has for whatever
reason said 300 feet and eight pumps, you know, you're going through
this process. Okay, I'm not sure why it's not 10 or 12 or whatever, or
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200 feet. But that's something the Board can get into.
But you need to ask yourselves, why are we doing this? Do we
want compatibility with adjoining residential or do we want the health?
If it's the health you're after, that might be better for an ordinance
change rather than a land use issue.
Now, I don't know, you may be granted on this. I don't know.
This is not something we ever looked at. But those are your
considerations.
COMMISSIONER HILLER: Which is exactly right. That's why
we need staff to go back and look at what the standards for recovery
systems are for pump stations as a separate issue.
And I think the issue we have before us, from what I hear, is, I
mean, we have been made aware of a health issue that we now cannot
ignore and we need to do what's in the best interest of the community.
But what we're really dealing with here, when this issue came back to
us, is compatibility. And now you have these landowners that have
vested property rights living beside residential communities that may
have developed after they, you know, had acquired the property with
those vested rights.
And I think Commissioner Fiala's question is, you know, what
can you do to limit or avoid, as the case may be, and I don't know, you
know, her -- the situations in her district or Commissioner Henning's
district -- having a gas station or any other use that they don't think is
compatible in proximity to a residential community where you have
property owners with vested rights. That's the issue that they want an
answer to from you.
MR. KLATZKOW: The other side of the coin is this is also
affecting residential property. That's the other side of this memo we
haven't gotten into. And I've got a little concern about that as well.
COMMISSIONER HILLER: And what is that? How is that?
Explain that side of the argument.
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MR. KLATZKOW: Caroline can talk to this better than I can,
but I believe we're also looking towards the residential property
owners not building within 300 feet of a fuel pump.
COMMISSIONER HILLER: Let's say -- well, then, you've got
the same issue on both sides. And it doesn't matter who's deprived,
whether it's the residential or the commercial.
MR. KLATZKOW: 300 feet's a lot.
COMMISSIONER HILLER: 300 feet is an awful lot. Is that a
football field? That's what I thought. I mean, that is a lot. And so
there's no question it works -- the regulatory takings can affect both
sides of that equation.
But I think the issue that Commissioner Fiala and Commissioner
Taylor are facing is existing residential communities abutting I believe
either undeveloped or lesser developed -- I think they're undeveloped
or lesser developed? I don't know. Well, I don't know if they have --
there are stations there and they have fewer pumps and they want to
become bigger stations or they're undeveloped but, you know, vested
with the right to develop stations. And I think they would like an
answer as to how can that be prevented next to a residential
community. I think that's the question their constituents are asking of
them.
MR. KLATZKOW: Which is why we're doing the Conditional
Use.
COMMISSIONER HILLER: But you can't impose conditions on
properties that are vested. Fully vested.
MR. KLATZKOW: Which is why I said earlier, we may have to
look at this on a case-by-case basis. I don't disagree with that.
COMMISSIONER HILLER: And then if you do it on a
case-by-case basis then you're going to be accused of arbitrary and
capricious decision-making because you have these similarly situated
properties. I mean, they're vested for this type of use. I mean, you've
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got very serious legal issues.
But if there's no other mechanism for Commissioner Fiala and
Commissioner Taylor, then they need to understand that. I mean, if
legally we cannot do any more from a compatibility standpoint
because these station property owners are vested, then they need to
understand that. And that may be the answer. We need to do what the
law provides. And if the law doesn't --
MR. KLATZKOW: Commissioners, if you guys want to require
buffers or walls or anything like that, we do that all the time. I'm not
worried about anybody coming here screaming about their property
rights.
COMMISSIONER HILLER: But, you know, a buffer or a wall is
very different than saying you can't build "X" number of pumps which
is part of their investment-backed expectations for that parcel, which is
what they are vested with.
MR. KLATZKOW: I'm not disagreeing.
COMMISSIONER HILLER: No, I know. Thank you.
CHAIRMAN NANCE: I think there are best management
practices that are adopted widely in the industry that we haven't even
adopted in our county. What do you think about that?
Commissioner Henning?
COMMISSIONER HILLER: I think you're right.
COMMISSIONER HENNING: Can everybody agree that we're
selling -- we're consuming the same amount of gallons today as we
will tomorrow?
COMMISSIONER FIALA: Say that one more time?
COMMISSIONER HENNING: We're consuming the same
amount of gallons in the county today as we will tomorrow? However
there will be a slight uptick with growth. The issue is --
COMMISSIONER HILLER: Actually less.
COMMISSIONER HENNING: Yeah, well --
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COMMISSIONER HILLER: You've got two issues. Because
we have more fuel efficient cars on the one hand but on the other hand
we have a potential increase in the population. So I don't know what
the net effect will be, but I don't think we can make an assumption.
COMMISSIONER HENNING: Well, basically it's the same,
okay. The only difference is you're consuming or selling the fuel more
so at one location when you have many pumps. And quite frankly,
they're competing and they're doing a great job of lowering the price or
providing a product at a cheaper price.
So the concern should be is we're -- you, we're directing a lot of
this traffic into one area. And is it appropriate to do so abutting a
neighborhood, okay? I don't think it is. Okay?
I don't know if there's four votes for a Conditional Use and
provide those criterion, the standard criterion, and we'll have a standard
such as walls, buffers, location and that. But the parcel could be
different and unique where you might need more conditions or less
conditions, okay?
So I think it's the best thing in this case to do a Conditional Use
when you have a mega gas station, big box gas station. That's my
opinion. And I don't think it's a taking because it's not a taking until
it's unreasonable conditions, unreasonable quasi judicial board
members.
My personal belief is I'd rather see a Conditional Use for these. It
has nothing to do with fuel. Of course the fuel vapors, I'm going to
feel guilty forever for filling up my gas tank --
COMMISSIONER TAYLOR: With your kids around, right? In
the back seat. With the windows open.
COMMISSIONER HILLER: Oh, my God. Like really?
CHAIRMAN NANCE: Actually, your lawnmower is worse than
your car, you know that.
COMMISSIONER HENNING: I don't fill up my lawn mower, I
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fill up my gas can. It doesn't have a closed system recovery as my car
does that it becomes unclosed when I pull off my gas cap. So is it
closed system, Jamie? So anyways --
CHAIRMAN NANCE: Well, is there agreement or disagreement
on this Board that an arbitrary distance of 300 feet has some value that
I clearly don't understand?
COMMISSIONER HENNING: I don't agree with a football size
separation.
CHAIRMAN NANCE: I think we --
COMMISSIONER FIALA: Conditional Use is standard --
CHAIRMAN NANCE: I think we really need to look at what
we're doing with the vapor and the best management practices. I think
if we have best management practices that we adopt that the industry
adopts -- you know, my concern is that we're going forward and we're
talking strictly about the large gas stations here, and we're not
examining the fact that we've got a boatload of gas stations now that
are not as new and modern as what we seem to be concerned with that
are within 50 feet of other properties right now. They're within 50 feet.
What we're talking about is we're talking about focusing on these big
ones and pushing them out to 300 feet, but we're saying if you have
eight or less you can be 50 feet away. That's crazy to me.
COMMISSIONER TAYLOR: We can't do it respective, we have
to do it prospectively. We can't go back and say okay, now you need
to move your gas station.
CHAIRMAN NANCE: No, no, I know that. But we're not even
talking about regulating eight-pump gas stations in the future. We're
saying they're fine, everything we got there is fine. What we're
worried about is these 24 pumper, and they've got to be 300 feet away.
COMMISSIONER HENNING: It's the impact of the use on the
neighborhood. It has nothing to do with technology. As you have
proven, the fuel vapor issue is not an issue because --
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CHAIRMAN NANCE: That's why I say we've not two things.
We've got coming to grips with vapor and then we got impact of the
entity in total, which includes the convenient store element of it and
the noise and the light and the 24 hours or whatever. I'm trying to
separate that from the vapor issue so we can figure out, okay, what do
we need to do with vapor --
COMMISSIONER HENNING: We don't need to do anything.
CHAIRMAN NANCE: -- what do we need to do with
incompatibility.
COMMISSIONER HENNING: You said that Lee and Collier
have the best air quality.
CHAIRMAN NANCE: In total. Now, they might not have taken
that sample at a filling station, but --
COMMISSIONER HENNING: Well, get back to me on that.
CHAIRMAN NANCE: Well, look, the American Lung
Association is the one that makes the rules, so they have -- I'm not sure
exactly how they do their sampling. I'm not trying to be --
COMMISSIONER HENNING: I think it's a land use issue that --
COMMISSIONER TAYLOR: Can we let staff determine? Can
we say, Commissioner Henning, what you just said about this is about
the impact on a neighborhood. And that the phenomenon we're facing
is the big box gas stations, unlike the other gas stations.
And I think what we're asking for -- I mean, Commissioner
Nance, I'm not doubting you at all about what you said, it makes great
good sense. In fact, my pediatrician years ago told me there's no air
like Collier County.
But if we can get some corroborating or some dissenting
information about this idea of the 300 feet, if we can deal with it
germane to Florida, but also bring some standards back by which
neighbors are protected from these big box gas stations, that way we're
covering both the existing gas stations or even smaller gas stations that
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want to come through.
Because as we redevelop and as we are getting more built out,
this is going to come back again and again and again. And no one's
taking the use of property from anyone. You know, it's not zoned for
gas stations, it's zoned commercial. And there are uses on that that can
be used. And so it's not -- we're not taking anything from anyone, but
we're saying by gosh, this is Collier County, and if you're going to
build next to commercial, next to residential, we have standards. And
those standards protect our quality of life.
COMMISSIONER HENNING: Is that a motion?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN NANCE: Well, here's the problem --
COMMISSIONER HENNING: Okay, I'll second the motion to
direct staff to find is the 300 feet --
COMMISSIONER TAYLOR: Yes, let's corroborate that.
COMMISSIONER HENNING: -- appropriate.
COMMISSIONER TAYLOR: Yes, yes.
COMMISSIONER HENNING: And then also you want
standards for developments that you're buffering and stuff like that
brought forward?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN NANCE: Are we talking about what's under
number three on the Planning Commission's recommendations? I
would like us to really look at those, because I think --
COMMISSIONER HENNING: Which attachment?
CHAIRMAN NANCE: It's on Page 4 of 5, Commissioner
Henning. It's the Planning Commission's recommendation that have
not been included in the amendment and --
COMMISSIONER TAYLOR: Whether this is administrative
criteria or this is part of a Conditional Use that comes back to us is not
the topic of discussion. We need to understand how we can product
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our neighbors and our taxpayers and our residents who pay property
taxes to Collier County for health, safety and welfare.
COMMISSIONER FIALA: And let me chime in here. I'm sorry,
I know that everybody else is -- my button's just sitting there. But I
just wanted to say Commissioner Henning made a very, very good
point before when he said as the little gas stations, you know, they only
draw a small number of people, but these draw a large number of
people. That changes the traffic also, the traffic patterns in those
neighborhoods.
And something that was ringing in my head and nobody said this
before, but we want to make sure we don't begin to look like the east
coast either. We hear that over and over again, we don't want to look
like the east coast, we want to remain a beautiful quaint
high-class-looking community, not an east coast. Yes, they might have
a lot of these things over in Miami. They have a million people. We
have 350,000 people. Do we really need a lot of these same things that
service millions of people?
But as we let them in, there's going to be a lot more. So at least
we should have some kind of Conditional Use to protect those
neighbors that are in those neighborhoods now that already have a C-4
zoning.
And again I say, I see nothing wrong with Conditional Use.
CHAIRMAN NANCE: Well, there are -- if you look at the maps,
there are hundreds of parcels adjacent to residential that have C-4
zoning.
COMMISSIONER FIALA: That's right.
CHAIRMAN NANCE: This gas station issue is not the only one.
There are probably actually -- if you look in that 140 uses, there's
probably a whole lot of them that people are going to like a lot less
than a gas station.
COMMISSIONER FIALA: That's not the subject of this issue.
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Tell me in your opinion, what is wrong with a Conditional Use?
CHAIRMAN NANCE: Well, I believe that we should
incorporate some best management practices that we haven't even
talked about. And the reason I'm saying that is okay, I understand the
issue on the size of the big box gas stations. But be very careful what
you ask for. In your community would you rather like one 24-pump or
three eight pumps? Because that's what it's coming to.
COMMISSIONER FIALA: I'm just asking you what's wrong
with Conditional Use? You haven't answered me yet.
CHAIRMAN NANCE: I think -- I believe that these
businessmen that are coming to Collier County have a reasonable
expectation that they should know what the requirements are for the
development of their businesses in our community. I believe we have
to have some basics that they can count on. And I think those should
satisfy our need to address compatibility issues and address vapor
issues. And I'm trying to separate the two.
COMMISSIONER FIALA: They also --
CHAIRMAN NANCE: So rather than just saying look, it's a
Conditional Use, you just come in and throw something out on the
table, I believe we need to add some structure that addresses some of
these things we've discussed today. So if we leave it just open and
okay, look, you just pull out a deck of cards out and pull one out,
ma'am, we'll tell you if we like it or not, I think we've got a very
slippery slope there. And I think you're going to have that with all this
redevelopment. You know, every time a business comes along, we're
going -- we have to have some sort of structure, and I believe that
industry best management practice is something that's not going to get
us into trouble.
COMMISSIONER FIALA: Well, that's what we're going to
discuss --
CHAIRMAN NANCE: It's not going to get us into trouble.
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COMMISSIONER FIALA: -- with this motion, right?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN NANCE: I don't think anybody's going to be able
to come in and say listen, my property rights are being taken away
because I have to use industry best management practice? I don't think
that's ever going to cause us a headache.
COMMISSIONER FIALA: The good thing about some of these
large gas stations is they also offer a neighborhood version. They don't
plan on bringing the neighborhood version into our neighborhoods, but
they do offer that. So they can still have the same property but offer
the neighborhood version as well. I mean, there are other ways, and I
think -- I agree with you, we can go back to the drawing board and get
some parameters.
CHAIRMAN NANCE: I hope we can ask staff to take a look at
it. I'm sure that their eyes at this point are rolled back in their
collective heads.
COMMISSIONER TAYLOR: Let's rephrase what we want them
to do.
CHAIRMAN NANCE: Bring something forward that's pretty
open-ended. We've been very chatty.
COMMISSIONER TAYLOR: Now let's see if we can sum this
up in the next two hours.
Why don't we ask staff to corroborate or to dissect or to get some
other opinions about the 300 feet issue. Number one.
Second of all, to bring back criteria or standards for building next
to residential communities. Is that --
CHAIRMAN NANCE: Commissioner Taylor, instead of
focusing on the 300 feet, can we ask staff to come back and give us a
range of options for vapor mitigation?
COMMISSIONER TAYLOR: That was -- yeah.
CHAIRMAN NANCE: Instead of just focusing on the distance,
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can we let them generate a whole list that generates -- you know, so
now you've got lists for compatibility and then lists for the pollution
element of it.
COMMISSIONER TAYLOR: Perfect, perfect.
CHAIRMAN NANCE: Is that acceptable?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN NANCE: If you do that, I will second that.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HILLER: Can I comment on that?
What's going to happen when staff comes back and looks to the
EPA's research on this and says, you know, we're moving to where the
majority of all cars on the road have internal vapor recovery systems
and that the Obama administration is like repealing regulation that they
had implemented in the past on vapor recovery for stations
specifically, because vapor recovery is no longer the issue that it was
based on how cars are being manufactured. And so you're still left with
-- I think we do need to look at vapor recovery. I think we need to
make sure that our practices in Collier County are at the highest
possible level to where we can regulate the situation to protect the
public's interest.
I don't think that's going to go to addressing your question where
what Commissioner Fiala and Commissioner Taylor don't want to have
is a large gas station, assuming vapor recovery is not the issue, next to
a residential neighborhood. And, you know, maybe transportation
impact is the issue. Have you looked at that?
MR. CASALANGUIDA: Yes, ma'am. And I've got a
suggestion. This sounds like a good challenge for us. I think we've
got some ideas. Why don't we bring you back a Conditional Use
example of what it would take to go through a specific site and your
best management practice on the same site and show you what the cost
and time would be and what the implications would be?
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COMMISSIONER HILLER: I care about the legality of the
conditional use.
MR. CASALANGUIDA: Fully legal, ma'am. What we bring
back --
COMMISSIONER HILLER: But you can't even bring back
anything that remotely could be argued as a regulatory takings.
MR. CASALANGUIDA: It's only a taking. We had this
discussion a while back when we talked about a master plan update.
Someone can claim vested rights when the zoning code is changing.
But if we put in a Conditional Use requirement for a new category of
mega gas stations, an owner of a C-4 lot can say foul, I have a
pre-vested right. If he doesn't claim that right and the zoning code
goes through, he will have to comply with that criteria through the
Conditional Use process. And it will not be a taking unless you deny
him his right and put in reasonable mitigation he has to comply with
and he doesn't comply.
COMMISSIONER HILLER: I'd be curious to hear what Mr.
Yovanovich's position is on this.
MR. CASALANGUIDA: I wouldn't.
COMMISSIONER HILLER: I would. I want to hear what the
opposite side has to say.
COMMISSIONER FIALA: One thing you just said that we
haven't addressed yet and that is the master plan that we don't really
have together, but you were saying we've got to have a master plan
because our roads are about all right now that they can be. You can't
widen them anymore.
And we have to be careful also about how that traffic hits our
roads and when we oversaturate one area and break the back of the
road that it's supposed to service. So I think that's something else you
have to think about.
MR. CASALANGUIDA: I think if we take you through a couple
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of examples with some best management practices, you can see both
and see how it would work and then you can give us a little bit of
guidance after that.
COMMISSIONER TAYLOR: And Nick, will you also please
maybe, if it's not too much, I'm not asking you to spend days and days,
but it would be interesting to see other communities outside of
California that regulate these big box gas stations.
MR. CASALANGUIDA: Yeah, we have some information, it
was in your package, a little bit about what some other communities in
Florida have done as well, too.
COMMISSIONER TAYLOR: Good. Thank you.
MR. MILLER: Mr. Chairman, this might be a good time. Mr.
Yovanovich is one of our three registered public speakers on this item.
CHAIRMAN NANCE: Mr. Yovanovich.
MR. MILLER: Mr. Yovanovich will be followed by Vern
Hammett.
MR. YOVANOVICH: Good afternoon. For the record, Rich
Yovanovich. I'm here on behalf of Kite, which is a shopping center
developer in Collier County.
I know my voice doesn't sound its best. Yeah, so I'm really happy
to be here today.
CHAIRMAN NANCE: Stay away from the gas pumps, Mr.
Yovanovich.
MR. YOVANOVICH: Maybe it will clear me up.
But Commissioner Hiller brings a very good point up. And it's
really not a regulatory taking issue, it's a Burt Harris act. And in 1996
the Florida legislature adopted the Bert Harris Act for the very reason
of what's happening today. Local governments were being very
reactionary in adopting regulations that impacted rights property
owners had because the voters, the residential neighbors, didn't like the
use.
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We're here because a gas station developer submitted a Site
Development Plan on a piece of property that was near a residential
neighborhood. It is no different than being nearest to a residential
neighborhood that the very same developer put on Airport Road.
There is a rather large residential community right behind that same
type of gas station.
The community -- the RaceTrac on Airport Road, if you're facing,
you're going west, I guess that is, on Horseshoe. You go to the right,
River Reach is back there. There's a lot of houses back there. You
have the RaceTrac, you have the Hess, you have other gas stations all
up and down right in front of that residential community.
That community is doing okay, even with the RaceTrac that's
there today. And I've heard a lot of good things about that RaceTrac
from the convenient store standpoint as well as the number of pumps
and how people can circulate around that. And you know they have
made other gas stations step up their game, and competition is a good
thing.
What we have in this other situation is we have a C-4 piece of
property. And you have a lot of those C-4 pieces of property in Collier
County that's up against U.S. 41, it could be up against Airport Road.
Those C-4 property owners have rights to develop that property. And
in 1996 the Florida legislature established a line in the sand and said to
local communities, because it was always impossible to prove a
regulatory taking, for the very reason that Commissioner Taylor said,
well, you have other uses you can make on that property, so we haven't
taken away all of your investment-backed expectations. But you've
taken away a very valuable right to that property owner who wants to
sell that property to a gas station operator because they're paying top
dollars right now to come here and build high-end, high-tech gas
stations and high-end not your mom and pop convenient stores that
used to go along with those gas stations.
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So my opinion is you are taking away property rights and you are
exposing the county to a Burt Harris claim. I haven't been shy about
that. And am I advocating for my clients? I'm really concerned about
the situation where you have an existing PUD. In those existing PUDs
you negotiated with the local government for certain uses you can have
on your property, including gas stations. I'll finish up in two seconds,
Commissioner Nance, if that's okay.
You have existing rights in those PUDs that you negotiated with
the government. This regulation, if it goes forward as it is, means now
even though you went through the public hearing process to get the gas
station in your PUD, you're going to have to go through another public
hearing process to get what you already have through the conditional
use process. And it becomes a problem, if I could do 24 pumps today
and you tell me through the conditional use process I'm only going to
give you 20, you have taken away something. And if you're just going
to give me the 24 anyway by making me go through the process of the
Conditional Use, why are you making me go through the process?
I don't think anybody has said we don't want to build safe and
healthy gas stations. I don't believe we've ever said we don't want to
provide appropriate buffers with our neighborhoods. You already have
those regulations in your Land Development Code. You have wall
requirements when you're next to residential. You already have
compatibility standards in your code.
We're here today because someone said we were creating a health
hazard. That's what your staff was directed to look at. You never
asked your staff to look at these, quote, gas stations with eight or more
pumps, and you have a lot in Collier County up against residential. I
asked staff as we were going through the process, Investigator, have
there ever been any Code Enforcement complaints? Are they really a
problem for the neighborhood? That wasn't what you tasked them to
do. And if that's a problem, if there really is some incompatibility
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issues, it will show up through Code Enforcement complaints and I
think you all should look at those issues as well. I think you have.
In law school they taught me bad facts make bad law. And I
think that's where you are right now. You've got some bad facts and
you're about to make some bad law.
COMMISSIONER HILLER: Can I ask Mr. Yovanovich --
MR. MILLER: Your next public speaker is Vern Hammett.
CHAIRMAN NANCE: Excuse me, Commissioner Hiller wants
to ask you a question, Mr. Yovanovich.
COMMISSIONER HILLER: You know, I don't disagree with
what you're saying, Rich, and at the same time I understand the
concern of having, you know, certain types of uses up against
residential property. And not just gas stations. I mean, it could be
anything from gas stations to, you know, other uses which
neighborhoods might not want to be up against.
I do also agree with you that this would be a Burt Harris action. I
know the County Attorney said not, but I think it would be. And I am
not going to vote on anything that is going to put this county in the
position of facing that kind of litigation, because we have to uphold the
law. We have to uphold the constitution. So we can't do anything like
that.
You're correct when you say that we have standards in our code
that address buffering between these different types of uses. What can
you do -- if we cannot legally deny your client's vested property rights,
their investment-backed expectations, what can we do to come up with
some balance between the neighborhood's interests and the business
interest?
MR. YOVANOVICH: I can just tell you that the clients that I
represent, I've never seen them say to the neighborhood we're not
willing to talk to you about your concerns. If it meets -- I think the
code says six foot wall. Am I right? If it means that you want to
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change your standards to an eight or 10-foot wall or something like
that, I don't think that's ever -- that's going to be an issue with my types
of clients. If you're talking about additional landscaping, if you're
talking about shielding the lights, if you're talking about those types of
uses, I don't -- anybody I've represented has never shied away from
saying we can live with those kinds of standards.
Now, if you go to the extreme and you adopt these standards that
ultimately means I can't develop my project, you'll get pushback.
So if you want to look at can you tinker with some of your
already existing standards, like maybe a little bit taller wall, more
landscaping, lighting, things like that, I don't think you're going to get
pushback from gas station developers.
COMMISSIONER HILLER: So what you're talking is
establishing administrative criteria for how these parcels are actually
developed in order to buffer the different uses.
MR. YOVANOVICH: Yeah. My clients crave certainty. They
come to me and say what do I have to do to get approved? And I
should be able to read your code and say if you do the following eight
things, they have to approve you.
COMMISSIONER HILLER: Right.
MR. YOVANOVICH: And that's what my clients always ask
me. And they'll play within the rules for those eight things.
COMMISSIONER HILLER: And that is what I think we need to
focus on to avoid a Burt Harris claim to avoid doing anything illegal in
terms of depriving both property openers, whether it's the residential
property owner or the C-4 or C-3 property owner. The right to develop
their property the way they currently have vested rights is to focus on
the Planning Commission's third recommendation which is the creation
of administrative criteria to --
MR. YOVANOVICH: Yeah, you put that in the Land
Development Code if we meet those standards, we get our plan
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approved. We do that all the time. Right, Nick?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HILLER: Because I don't think that -- and
Jeff, correct me if I'm wrong, I don't see that we can be in a position
where we deprive them the right of having, you know, the number of
pumps that are currently vested. And I don't believe that we can create
conditions on them that make it onerous that have the effect of
depriving them of being able to build like that.
MR. KLATZKOW: The point to the Conditional Use process is
not to deprive anybody from developing, it's to structure the
development so that it's more compatible with the adjoining
neighborhood.
COMMISSIONER HILLER: But the problem is they don't have
conditions set upon their rights now. They have vested rights without
conditions. If we're suddenly imposing conditions on those rights --
MR. KLATZKOW: Then with all due respect --
COMMISSIONER HILLER: -- then it changes --
MR. KLATZKOW: -- you take your Land Development Code
and you never change it again.
COMMISSIONER HILLER: No, I don't agree with that. Can
you address that?
MR. YOVANOVICH: Look, I'm suggesting that you can come
up with development standards that say if you want to put a gas station
next to residential you have to do an eight-foot wall, you have to have
"X" amount of landscape buffer up against the residential portion of
the property. You can do those type of things. But you can't back door
us and say we gave you the right and then we're going to adopt all of
these standards that basically say, well, you've got to be at least 300
feet away from a residential neighborhood. If you draw enough
circles, you'll see you have none in Collier County that are above a
certain size. You can do those things and you can change your Land
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Development Code and my guess is you're not going to see anybody
scream Bert Harris Act, Bert Harris Act. You will hear them scream it
when you say C-4 is now a Conditional Use process. We'll go through
it. And then we'll have -- come to this side of the table and have to get
four out of five commissioners when you've got a bunch of neighbors
who are upset. It becomes a political process versus an administrative
where I should be able to check the box, if I've done it I'm going to get
approved.
CHAIRMAN NANCE: Mr. Yovanovich, are you going to stick
around?
MR. YOVANOVICH: I've got to leave here at 3:30.
CHAIRMAN NANCE: Because we need to take -- the court
reporter has sent an email to the County Manager saying she's going to
ask 911 for relief. So we need to take a little break. So we're going to
come back at 3:30 and then we're going to continue, if you can give --
COMMISSIONER FIALA: We have a couple more speakers.
CHAIRMAN NANCE: -- 3:30. We're going to take a couple
more speakers, and if we have any extra questions, could you help us?
MR. YOVANOVICH: Yes.
CHAIRMAN NANCE: Thank you. We're adjourned 'til 3:30.
We're going to give this young lady 21 minutes. She's on life support.
She needs oxygen.
(Recess.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN NANCE: All right, we are going to ask Mr.
Yovanovich a couple more questions so that he can go on about his
way. Because I think he's in peril and needs to go see his physician.
So I've given him a couple Altoids to get him through the rest of the
comment period.
Commissioner Hiller I guess wants to ask you another question or
two, Mr. Yovanovich, based upon your earlier testimony.
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MR. YOVANOVICH: Okay.
COMMISSIONER HILLER: My concern is how to protect the
neighborhoods that would be close to a gas station. And quite frankly,
my concern is for a neighborhood close to any gas station, whether it's
a small, medium or large size gas station. I think we have to look at
gas stations in those locations broadly.
So to that end, what I would like to see, because I have a concern
about the Conditional Use process where if for whatever reason there
is a denial and that results in a Burt Harris action, that's clearly
problematic for the county. I don't believe -- in fact, let me take that
back. I know we cannot do anything that creates an inordinate burden
on any property owner that has vested rights. Whether it's residential,
industrial, commercial, makes no difference.
The other thing that we cannot do is create such a burden that it
deprives a property owner of their investment-backed expectations in
an inordinate fashion. And maybe I'm saying the same things, just
expounding on the first statement.
Can you put that screen back on, Tim? I need that page back on.
I don't think the Conditional Use process is the way to deal with
this, because it still can and I think legitimately be alleged that if
there's a denial it could result in a Burt Harris action.
And so I want to go back to three, which is the recommendation
of the Planning Commission.
Can you please leave it on that schedule? No, I don't want that
schedule, I want the one, the Planning Commission recommendations.
CHAIRMAN NANCE: I think it's Page 9. No, 10, sorry.
COMMISSIONER HILLER: You know, staff needs guidance.
And I think what we need -- thank you, Commissioner Nance.
Number three, where we create standards which are uniform that
absolutely will protect residential neighborhoods from these pumps,
pump stations, I think is extremely important. I don't think there should
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be any discretion on our part. Because this shouldn't be a discretionary
decision. If we've established that residential neighborhoods should
not be beside gas stations without a complete buffer, then that is what
we should set in our code. And that should be the standard that's
respected by all these stations.
And then anybody living in a residential community knows if
they're next to a piece of property that's zoned whether it's C-3 or C-4,
whatever the zoning is that allows for these stations, that they never
have to worry that they will see the station and that they will never
have to worry that there will be, you know, any adverse affect on their
quality of life because the gas station has hours that go into the night,
let's say midnight. Let's say we say, you know, we don't want
operations after 10:00 at night or 11 :00 at night or whatever. I mean, I
don't know what the appropriate administrative criteria are to create the
appropriate buffer. I would have to defer to staff to come up with that.
But I think legally that is the only type of regulation we can
impose without being accused of government inordinately burdening
the property rights that are vested in those locations.
MR. YOVANOVICH: I agree with -- there is a -- there is a -- I
believe that we can come up with an appropriate set of development
standards for gas stations adjacent to residential that would not rise to
the level of an inordinate burden, thus triggering a Bert Harris Act.
Meaning if I meet A, B, C, D, E and F, I get approved through the Site
Development Plan process, which I currently do. Because you already
have those standards in your code. If the standards in your code that
exist today, the six-foot wall or required buffers, are not appropriate
and need to be strengthened, that's what my recommendation would
be. I think where we'll get pushback is probably on hours of operation.
Security could resolve those issues. But if you were to say every gas
station is going to shut down in Collier County at "X" time, I think
you'll probably get pushback from gas station operators.
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But I think as far as buffers, walls, shield lighting, all of those
things can be done. They will add cost to the project but I don't
believe rise to the level of an inordinate burden on the developer of the
property. If you take away the right to develop that use, then you've
got a problem. But setting standards that they've got to meet, as long as
they're reasonable, I think you can do.
COMMISSIONER HILLER: I don't disagree. And I don't know
about the hours of operation. I mean, that is something again I would
have staff look into as to, you know, whether that could be imposed as
a standard throughout the county. And I don't know if other -- you
know, how it's done in the State of Florida.
But I think what has to happen is our directions to staff has to be
to direct them to create code modifications to ensure that
neighborhoods are completely buffered and insulated from gas stations
or gas station development that abuts them for all, you know,
prospective development of that sort. And I don't think that we would
face a legal challenge to that end.
Because on the opposite side, and I'm just repeating myself, if we
create an inordinately burdensome regulation, we will face a Burt
Harris action. And if we create a Conditional Use process, the denial
of-- and the denial of approval could or would result in a Burt Harris
action, then the Conditional Use avenue is not an option. Because it
cannot -- the denial cannot result in a Burt Harris action in a
Conditional Use process for it to be the avenue that we'd take.
So I don't know if we've made a motion. And I do want to hear all
the speakers. But I would like to propose that as the direction to staff.
COMMISSIONER HENNING: We already have a motion.
COMMISSIONER HILLER: What's our motion? I forgot.
COMMISSIONER HENNING: Our discussion needs to be
focused on the motion.
COMMISSIONER HILLER: What was the motion?
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CHAIRMAN NANCE: Well, we currently have a motion to ask
staff to come back with criteria that addresses the vapor issue and
criteria that addresses the compatibility issue.
But what I would like to do is I would like to ask the motion
maker if she would set that motion aside for the moment and let's see if
we have support for the agenda item so that we can deal with the
agenda item, see if there is support for a Conditional Use process. If
there's not -- I mean, we have to deal with the agenda item. This is the
agenda item we're here to discuss. So why don't we -- does the Board
want to vote on the agenda item at this time and see if there's support
for a Conditional Use?
MR. OCHS: Mr. Chairman, you still have two more speakers.
CHAIRMAN NANCE: Let's hear from the rest of the public
speakers.
MR. MILLER: Your next public speaker is Vern Hammett. He'll
be followed by followed by Ron Mosher.
MR. HAMMETT: Good afternoon. My name's Vern Hammett.
I'm a property opener that could be substantially affected by this
particular Land Development Code amendment.
I had something prepared based on the dialogue. I had to throw it
over my shoulder, so I'm kind of off the cuff here. But my biggest
thing here is, you know, when we talk about the code itself, as was
already mentioned, it's old, and the business model has completely
changed. We're looking at mega stations or truck stop sized gas
stations that are going to be placed adjacent to residential areas. And
the code doesn't address that.
And when you talk about implementing new buffers, new
standards, and then making that administrative so that we can check
the box, the problem that I have with that is is if let's say we'd say
okay, instead of a six-foot wall we're going to make it a 10-foot wall.
The developer complies with that, checks the box, goes through,
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checks all the boxes, complies with everything, all these standards, and
then a year later we as a community realize that didn't do anything for
us. We don't have a Bert Harris Act to rely on, all we've got is we can
come in here and we can whine to you guys under number seven under
public comments about how this was not effective. And so I really
think that that needs to be taken into consideration.
And that's all I have for you guys, thank you.
MR. MILLER: Your next speaker and your final speaker is Ron
Mosher.
MR. MOSHER: Ron Mosher with the Collier County Sheriffs
Office, Crime Prevention Unit. I'm kind of taking you off a different
track. We're not talking about fumes. I have a real problem with the
landscaping and the crime prevention.
If you're familiar with Crime Prevention Through Environmental
Design, also known as CPTED, Dr. Timothy Crowe, author of a book
on that stated: Opportunity is integral to crime and design solutions
can lessen this factor and reduce a facility's vulnerability. People,
including criminals, recognize the environmental clues that say this is a
safe place or this is an unsafe place.
On page -- and I hope these numbers are right, this is what I got
from you guys -- 16 and let's see, what is it. I guess it's 4061.B:
Undulating berm of a maximum slope of 3.1 shall be constructed and it
should be maintained at a minimum height of three feet and planted
with ground cover.
You go down into D and it says: Put shrubs in there, minimum
height of five feet in places you have an eight-foot wall around this
establishment.
We like to see in. We like to be able to see what's going on. How
many were here when the Waterside robberies were going on in the
Nineties when they were robbing the customers in the parking lot?
Guess what? Their shrubs were up to here. Guess what? After that
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happened, they cut them down so the lighting's better.
That's just a potential there for problems. Crime prevention, we
try to prevent crime, so we're looking at that.
One other thing is the restrooms. Rear restrooms don't work. We
prefer them to be inside. Makes it safer for everybody. We can see
what's going on, reduces the potential for illegal activity. That's really
the couple of things that I've got.
COMMISSIONER HENNING: Mr. Mosher, the landscaping
buffer is not in the front of the property being proposed, it's between --
it's between the residential and the commercial use.
MR. MOSHER: Okay, I'm sorry, I quoted the wrong one, sir, I
apologize. But that berm does run around the perimeter of the project.
It's a three-foot berm, correct?
COMMISSIONER HENNING: I don't know.
COMMISSIONER FIALA: Well, it depends on which one.
There was one on Manatee Road, they have a three-foot buffer. But
then the other one on Airport Road has no buffer.
MR. MOSHER: Well, that's because that's in the City of Naples.
All right, I'll tell you, I'll give you for an example, the BP Station
at White Gate at 951, that has a three-foot berm and the hedges around
it. You have effectively created with that what we call in the job of
law enforcement a fatal funnel. When we try to go in that, we're in a
narrow gap. They have a wide opening, they can cover that. There's a
lot of potential for the safety of law enforcement and the public with
this kind of landscaping. I understand people don't like gas stations,
but we need to keep safety in the mind of everybody.
COMMISSIONER HILLER: Thank you so much.
Are you -- you're here speaking on behalf of the Sheriffs Office?
MR. MOSHER: Yes, ma'am.
COMMISSIONER HILLER: Thank you. Then what I would
ask, you know, obviously landscaping for a commercial and industrial
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properties is something that, you know, we want to properly consider
in developing the Land Development Code. I think it is absolutely
imperative that you sit down with our staff and --
MR. MOSHER: I have.
COMMISSIONER HILLER: And what's happened?
MR. MOSHER: That's why I'm here.
COMMISSIONER HILLER: It's not happening?
MR. MOSHER: The recommendations that we have suggested
apparently, I don't know what happened. I asked for a clarification,
never got an answer.
COMMISSIONER HILLER: So the issue for you is not this
specific property but generally what you're seeing in the county in
terms of what we're permitting with respect to landscaping is causing a
problem for your ability to patrol?
MR. MOSHER: It's presenting a potential for hazard to the
residents and the law enforcement of the county.
Just one other fact, there is a county ordinance states that no trees
will be planted by a pole light in a development within 12 foot. I can
show you places where in the last year they have been planted that way
also on county property.
COMMISSIONER HILLER: Thank you so much. But this isn't
on the agenda, but your concerns are obviously important. And I think
what we need to do is make sure that staff is working with law
enforcement in redeveloping the Land Development Code planting
standards. And it should be for, you know, residential complexes as
well as for commercial buildings to make sure that it properly is
considering what potential, you know, positive and adverse safety
impacts the landscape design has.
So it's not specific to this project, it's a general statement. So
could you -- I mean, I think, Leo, that's something where, you know,
the Sheriffs Office should have an opportunity to comment and review
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on that stuff. But that's not part of the agenda today.
MR. MOSHER: It was Chapter 5.5. That's why I came.
COMMISSIONER HILLER: Okay, thank you.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: I think we have a motion on the
floor.
COMMISSIONER HENNING: Call the motion.
COMMISSIONER HILLER: What is the motion.
COMMISSIONER FIALA: Anymore speakers? No?
COMMISSIONER TAYLOR: The motion was to address the
issue of the fuel/300 feet, which by the way Boca Raton has. And the
City of Davie has 250 feet.
But to address that in terms of mitigation and certainly
Commissioner Nance's comments about whether it should be applied
to Florida --
CHAIRMAN NANCE: That one has to do with mitigation of the
hydrocarbon issue.
COMMISSIONER TAYLOR: Yes. Okay. As well as
developing criteria by which the neighborhoods, which is the reason
we're here, it's not because we're afraid or worried about whether
developers are not going to develop for fear of whatever. We're here
because neighborhoods are being negatively impacted with gas stations
that are big box gas stations.
And so we would like the staff to come back, develop criteria by
which we can protect those gas stations -- listen to me -- the
residential.
CHAIRMAN NANCE: And I was a second to that. So we've got
a two-part evaluation by staff and bring back information to the Board
for consideration, right?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN NANCE: That's the motion and the second.
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Is there any discussion?
COMMISSIONER HILLER: So we're asking staff, just so I
understand, to study vapor recovery and come back and tell us if we're
-- if there are any policies we should adopt to maximize vapor
recovery at stations?
CHAIRMAN NANCE: Yeah, to miti-- anything you could do to
mitigate the vapor issue.
COMMISSIONER HILLER: All right.
CHAIRMAN NANCE: Which includes technology, barriers --
COMMISSIONER HILLER: So we're asking them to come back
to tell us whether there's anything we should do from a policy
standpoint to address vapor recovery? And then secondly we're asking
them --
CHAIRMAN NANCE: No, mitigation of the vapors as a whole.
Not just recovery. Not just recover it. But if it gets away, what are
you going to do then? The whole management of vapor. The whole
issue of hydrocarbons in our environment.
COMMISSIONER TAYLOR: And also in light of your --
CHAIRMAN NANCE: There's a lot of parts of that.
COMMISSIONER HILLER: A fuel st-- we're doing -- are we
doing an air study? I mean, are we doing --
CHAIRMAN NANCE: No, but --
COMMISSIONER HILLER: -- a pollution control air study or
are we addressing vapor recovery at fuel pumps?
CHAIRMAN NANCE: You're addressing vapor mitigation at
fuel pumps.
COMMISSIONER HILLER: But I think it's called vapor --
CHAIRMAN NANCE: Recovery is just one part. Because part
of it's going to get away, we know that.
COMMISSIONER HILLER: Yeah, but if the part that gets away
just blows off in the air and it's de minimis with no impact, why are we
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going to require mitigation --
CHAIRMAN NANCE: Because there are things you can do --
COMMISSIONER HILLER: -- if there's no impact?
CHAIRMAN NANCE: -- to help that become de minimis.
COMMISSIONER HILLER: But the vapor recover is the
primary --
CHAIRMAN NANCE: That's one element.
COMMISSIONER HILLER: What else is there?
CHAIRMAN NANCE: The mitigation of that which you do not
recover.
COMMISSIONER HILLER: And how is that done?
CHAIRMAN NANCE: Through design that encourages
convection, air flow, physical barriers. There's a whole list of things
you can do.
COMMISSIONER HILLER: So the first issue that we're dealing
with is vapor management of fuel pumps?
CHAIRMAN NANCE: Yes.
COMMISSIONER HILLER: And then the second iss-- and that's
what we're asking staff, to come back to give us options as to if we
should create any policy that addresses vapor management at fuel
pump stations?
CHAIRMAN NANCE: Yeah, mitigating factors.
COMMISSIONER HILLER: And then the second is for staff to
come back with criteria to minimize the impact of the presence of
stations adjacent to neighborhoods, right?
CHAIRMAN NANCE: Yes.
COMMISSIONER HILLER: Okay.
CHAIRMAN NANCE: Yes, that's the motion and I'm the
seconder.
COMMISSIONER FIALA: Was that the motion, both part A and
part B?
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COMMISSIONER TAYLOR: Yes, yes, to bring back criteria.
COMMISSIONER HILLER: Right.
CHAIRMAN NANCE: Commissioner Henning, have you got
any --
COMMISSIONER HENNING: No.
CHAIRMAN NANCE: -- further corn-- okay, all those in favor,
signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Okay, we got that one checked off.
So now we have the agenda item that has brought us to this day.
Is there a motion to approve or deny the agenda item?
COMMISSIONER HILLER: Which one?
COMMISSIONER HENNING: Continue.
COMMISSIONER TAYLOR: Yes, second.
CHAIRMAN NANCE: There's a motion to continue today's
item.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: And there's a second.
Is there any further discussion?
COMMISSIONER HENNING: No.
CHAIRMAN NANCE: None. All those in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER TAYLOR: Aye.
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March 10, 2015
CHAIRMAN NANCE: Any opposed?
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Okay. So we're continuing and we're --
COMMISSIONER HILLER: I said I'm opposed.
CHAIRMAN NANCE: You are opposed. You don't want to
continue it. Okay.
COMMISSIONER HILLER: I opposed. I don't feel it should
continue. We should come back --
CHAIRMAN NANCE: Motion was made by Commissioner
Henning, seconded by Commissioner Taylor. The vote was 4-1 with
Commissioner Hiller dissenting.
COMMISSIONER HILLER: So you're continuing the item that
the 300-foot buffer is being continued?
MS. CILEK: I believe --
CHAIRMAN NANCE: The Conditional Use process is being
continued.
COMMISSIONER HILLER: Oh, the conditional --
MS. CILEK: The amendment itself is being continued forward.
COMMISSIONER HILLER: Which is the 300-foot buffer --
MS. CILEK: But it can come back in a different form.
COMMISSIONER HILLER: The 300-foot buffer and the
Conditional Use is being continued.
CHAIRMAN NANCE: Yes.
MR. OCHS: Right.
MS. CILEK: The amendment ultimately, yeah.
CHAIRMAN NANCE: Yeah, the whole amendment's been
continued.
COMMISSIONER HILLER: Which includes the 300-foot
buffer.
CHAIRMAN NANCE: Yes.
COMMISSIONER HILLER: For pump stations over eight.
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March 10, 2015
CHAIRMAN NANCE: All elements thereof.
COMMISSIONER HILLER: In a Conditional Use provision.
Okay.
COMMISSIONER FIALA: Rich, go to the doctor.
COMMISSIONER HENNING: Can I go with him? Is there a
psychologist in that building?
CHAIRMAN NANCE: Now, now, Commissioner Henning.
Where are we, Mr. Ochs? I don't even know.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: We're on Item 15, commissioner, Staff and General
Communications.
CHAIRMAN NANCE: All right, Commissioner Henning, I'll let
you go first because you need to go, I know.
COMMISSIONER HENNING: Yeah, thanks. I've got a little
girl waiting for me.
CHAIRMAN NANCE: It's a better deal, sir.
COMMISSIONER HENNING: It is.
North Collier Fire and Rescue is coming in for their COPCN
soon. However, Peter Gaddy sent a correspondence of the Florida
Constitution, stating that all taxes need to be equal.
Did you get that correspondence? And that's something that the
legislator (sic) has to deal with in codifying their new district.
However, I would like to give the County Attorney direction to
take a look at the Florida Constitution and the Florida Statutes
governing special districts and see if there's going to be a problem with
that consolidation.
Does anybody have any concerns in that direction?
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March 10, 2015
COMMISSIONER HILLER: I don't understand what the
direction is. And it's not on the agenda. I mean, we can't give a
direction on something -- I first of all have not seen Mr. Gaddy's
analysis, his Constitutional analysis.
Second of all, it's not on the agenda so I think it's inappropriate
for us to be taking action on anything that's not on the agenda.
COMMISSIONER HENNING: Why do we have commissioners
comments?
COMMISSIONER HILLER: To talk about positive stuff.
COMMISSIONER HENNING: Oh, I know why. Because I
bought a corn beef and cabbage and anybody has any recipes, would
you forward it to me? Is that what we're here for?
COMMISSIONER HILLER: Mark Bittman. I say Mark Bittman
all the way. I mean, it's not a noticed agenda item, it's not something --
COMMISSIONER HENNING: I'm requesting information.
COMMISSIONER HILLER: I don't see it as requesting
information.
CHAIRMAN NANCE: Maybe we should ask for an AG
opinion.
COMMISSIONER HENNING: That could be on the agenda.
MR. KLATZKOW: If you email me Mr. Gaddy's -- I'll take a
look at it, sir.
COMMISSIONER HENNING: I'll find you the governing
Florida Statutes on those.
Geez.
CHAIRMAN NANCE: Anything else? Are you going to
actually eat corn beef and cabbage or have you lost your appetite?
COMMISSIONER HENNING: If I have a good recipe.
CHAIRMAN NANCE: Commissioner Hiller has her smart
phone here, she'll --
COMMISSIONER HENNING: One other thing and I need to
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March 10, 2015
go.
I was -- had the privilege to go up to Wiggins Pass and check the
salinity up there. Found it very well.
However, I think there's opportunities, Leo, I don't know if you
ever looked at this, that Cocohatchee Park is very nice. Not enough
parking for shuttles, but there is a new business or new entrepreneur in
Naples shuttling people from Marco Island to Keewaydin. And
wouldn't it be a great opportunity for an entrepreneur to partnership
with a shopping center for parking, car parking, shuttle pickup by boat
to the south end of Barefoot Beach or the north end of Wiggins Beach?
I don't know if your staff has ever looked at that of getting the
private sector to see if they're interested in providing that type of
service.
MR. OCHS: I'd be happy to look at it, sir. Makes some sense
when you think about opportunities for additional parking, and it
would require some kind of shuttle system.
COMMISSIONER HENNING: Yeah. I received a
correspondence as I was out there from somebody who was on
Vanderbilt Drive who couldn't get to the La Playa for lunch because of,
you know, people in line waiting to get to the Wiggins State Park.
Anyways -- I'm going to go.
CHAIRMAN NANCE: Commissioner Hiller.
COMMISSIONER HILLER: Yes, I on the other hand would like
to talk about corn beef and cabbage.
COMMISSIONER HENNING: Send me an email.
COMMISSIONER HILLER: I promise, I will. And they're
selling really, really nice corn beef at Whole Foods. And they've got
the cabbage right beside the beef.
Leo, can you put the photograph I sent you on the overhead?
MR. OCHS: Sure. That's.
COMMISSIONER HILLER: Jeanie. Jeanie is -- actually the
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March 10, 2015
only reason Nick is successful is because of Jeanie. And this is --
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: Yes, thank you for acknowledging
that.
And this is a photograph in the Growth Management Division's
lobby. And what Jeanie did is she took the Christmas tree and in the
spirit of recycling, George, she had you in mind, she turned it into a
St. Patrick's Day tree. And this tree literally reaches to -- how many
feet, like 12 or --
MR. CASALANGUIDA: It's 12 feet tall.
COMMISSIONER HILLER: It's 12 feet tall. I have never seen a
tree like this in my life. It's absolutely incredible. And I think
everybody ought to recognize Jeanie for her very Irish contribution.
So happy St. Patrick's Day, Jeanie.
And I received this as a gift from staff at Growth Management,
which is a St. Patrick's Day --
COMMISSIONER TAYLOR: Headband?
COMMISSIONER HILLER: Headband, yes. So when I work
out in the gym, you know, in my LuLu outfit, I can wear this.
And Commissioner Fiala, as always, you're true to form in spirit.
So I want to wish everybody a very happy St. Patrick's Day and I hope
you all have a lot of luck going forward. Erin go bragh, right?
And Leo, I think we both decided based on our birthdays that we
were both conceived -- actually you too, Nick, on or around St.
Patrick's Day, which make all of us Irish by affiliation and why we
have had so much luck in life, right?
MR. OCHS: There you go. I agree.
COMMISSIONER HILLER: So I don't have anything further to
add other than I thought this meeting was going to end at noon and I'm
like really disappointed in you, Commissioner Nance.
CHAIRMAN NANCE: Now, ma'am, I want to remind you of
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March 10, 2015
something. We ended our last meeting at 12:01. We had a chance to
do that, but you were the final speaker that kicked us outside of the
guideline.
COMMISSIONER HILLER: You are forever going to be living
with that memory of that last meeting. You are going to be repeating
that like until your turn as Chair is up.
CHAIRMAN NANCE: I asked Gail, what was it that I did?
Where did we go wrong here? It's like the guy that finishes second at
the Olympics and they go back and say you didn't hear the gun, what
happened, you tripped, you stumbled, what happened? You got the
silver medal, you know.
COMMISSIONER HILLER: And by the way, congratulations,
Nick. I wasn't here to vote because I had a conflict. Just kidding. I
was downstairs. So I am sorry I couldn't vote on your appointment.
CHAIRMAN NANCE: She told me she was going to reconsider.
COMMISSIONER HILLER: I was going to bring it back for
reconsideration.
But I do want to say, if I was here, very sincerely, I would have
voted for you too. You've done a great job and you're going to do a
good job. And thank you for freeing Leo up because now he's going to
be able to go places with me finally.
MR. OCHS: Oh, boy.
COMMISSIONER HILLER: Do not groan. Do not groan.
CHAIRMAN NANCE: He's clearing his throat, ma'am. Clearing
his throat.
COMMISSIONER HILLER: Do not groan. I mean, really?
Seriously.
And one last comment. Actually, I thought I was going to end
with at this comment one, and then two. But now there's this number
three. Because I think this is really important.
We need to recognize the Chamber. The Chamber was
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March 10, 2015
instrumental in bringing in this German company that was introduced
this morning. And I think it's really important to recognize John Cox's
effort and thank him for working with Bruce and our staff to bring this
company -- and Marshall -- to bring the company to the accelerator.
It's very cool. So thank you John and staff of the Chamber and
Opportunity Naples for doing that.
CHAIRMAN NANCE: Well clearly, Commissioner Hiller, thank
you for bringing this photo forward. Clearly this photograph with this
coopted tree is tangible physical evidence that our expatriates from
Boston are starting to have undue influence in our community, so I
think we need to examine what we have to do to mitigate that.
COMMISSIONER HILLER: Oh, yes. I'm changing my name to
O'Sullivan.
CHAIRMAN NANCE: To O'Hiller.
COMMISSIONER HILLER: O'Hiller. There you go, I like that.
CHAIRMAN NANCE: I've heard people say that. A lot,
actually. Oh, Hiller. Okay.
COMMISSIONER HILLER: I have to say, that really is witty. I
like it.
CHAIRMAN NANCE: I will tell you that to all the
commissioners on the dais, I think this has probably been one of the
most complicated discussions we have had since I've been in your
service. But I will say that I am very thankful because I think we had a
very detailed discussion and I think a very good one. So my personal
thanks to you for that.
The only thing I want to mention other than have a happy holiday
is that I did have a discussion with Mr. Butzke to talk about what we
can do with his soccer complex. And, you know, after riding up
through Lee County on numerous occasions where I've seen people
really enjoying soccer in the FP&L right-of-ways, I've asked staff to
help out a little bit and actually encouraged Mr. Butzke to do the same,
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March 10, 2015
to look into opportunities we have, because actually we have some
wonderful FP&L easements right adjacent to the North Collier
Regional Park that I think do have perhaps some possibilities.
So since they do it in Lee County, I think there's a reason for
optimism that we might be able to get some of those into play. So I
just want to mention that I have very positive feelings about that
opportunity. We've got a lot of space that, you know, a lot of it is
being used for nurseries so I know it's useable space. I know there's
some possibility there. So staff members are working on that at
present, so --
COMMISSIONER HILLER: Thank you.
CHAIRMAN NANCE: -- I'm excited about it.
COMMISSIONER HILLER: That's great.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Nick, congratulations from all
of us. You can tell that we're all very pleased. And we admire Leo for
having the foresight to bring you on board and work together with you.
I know that the two of you will make a great team.
Meanwhile, we talked about pocket parks a while back. Did you
get the message that one of the -- I think it was Royal Wood would like
to talk to you about pocket parks for that area.
COMMISSIONER HILLER: They're just jealous.
COMMISSIONER FIALA: And then thirdly, as we were talking
about different advisory boards today, I had been contacted by Victor
Valdez in saying that he thinks that the Hispanic community would
like to not resurrect, they would like to create a new Hispanic advisory
board committee.
I mentioned to him that in the past they hadn't shown up for some
of the meetings and it kind of just disbanded. But he said he thinks
that there's a renewed interest because that's the only committee that
could actually communicate, he felt, with the County Commissioners.
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March 10, 2015
Of course anybody can, but he felt that the committee would want to
be resurrected. And so I told him that next meeting I will put it on the
agenda. So I just wanted you to know that that's coming on board too.
Leo's writing furiously over there.
COMMISSIONER HILLER: Hang on one second. What's
coming up?
COMMISSIONER FIALA: Hispanic advisory board.
Fourthly, my grandson was born on St. Patty's Day. So that's just
another little added thing. And yes, I'm all dressed for it. We had a
Marco St. Patty's Day parade last Sunday. Boy did we have a great
time. Great, great audience. And I'm still wearing the stuff, because I
have to do this -- I think it's O'Fiala. No, let me think. I think that's the
only way it could be is O'Fiala when I become Irish for the week.
CHAIRMAN NANCE: We can McFiala.
COMMISSIONER FIALA: Yeah, McFiala.
Anyway, to all, have a wonderful week, see you in two weeks.
MR. OCHS: Commissioner, I'm so sorry. Commissioner Fiala, I
had one other item that I thought you were going to bring up.
COMMISSIONER FIALA: I was. I didn't know whether I
should bring it up now or not, because it's already delayed, right? Or
would you?
MR. OCHS: Commissioners, I had spoken with Commissioner
Fiala.
You'll recall that the Board had directed us some time ago to go
out to an RFP for both the independent and your county dependent fire
districts to solicit for service proposals for the county's dependent fire
districts in terms of day-to-day operations.
One of the dependent districts that you serve -- or that serves you
is the Goodland-Horr's Island Fire District that has been served under
contract to this Board by the City of Marco Fire Department for many,
many, many years and done very well.
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March 10, 2015
You have a contract, an interlocal agreement with them to provide
that service. There's a bit of an oversight. When we got the direction
from the Board, you directed us to solicit these proposals from either
independent fire districts or your existing dependent districts but not
from any municipalities or municipal fire districts. So Marco has
approached Commissioner Fiala and said look, we haven't had a
chance, we don't have an opportunity to compete for --
CHAIRMAN NANCE: You're looking for clarification?
MR. OCHS: Yeah, one or two options. Either pull Goodland out
of the RFP and let them continue to operate under the existing
interlocal agreement as they have for many years, or allow municipal
fire departments, most specifically in this case the Marco Fire
Department, to participate in the RFP process.
COMMISSIONER FIALA: And the easiest way, of course as
Leo and I were talking about recently and as I mentioned to the people
over in my office also, it's just easier to pull Goodland out. Marco Fire
Department has been serving them for 50 years. And so I --
CHAIRMAN NANCE: Second.
COMMISSIONER FIALA: Well, I don't know that I can make a
motion, it's not on the agenda. But I was going to bring it back at next
meeting to put on the agenda. And so -- and we had to initially delay
this, but that's already been done so that I can bring it up on the next
agenda.
And Leo, I think that's what I want to do is just pull the Goodland
thing out of there, because it only makes sense to keep them with
Marco. I appreciate all you've done to work with me and help me and
work toward a solution that's best for all.
MR. OCHS: Well, thank you, Commissioners, for that direction,
and we'll bring that forward on your consent agenda next meeting.
COMMISSIONER FIALA: Very good. Thank you.
CHAIRMAN NANCE: Commissioner Taylor?
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March 10, 2015
COMMISSIONER TAYLOR: Well, and just as -- just a point of
clarity, I think within one month, is that correct, we were discussing
about -- I don't want to bring this up, Commissioner Hiller. I'm not
bringing this up, I'm just -- okay, the Rock Creek Road issue.
CHAIRMAN NANCE: Rock Road?
COMMISSIONER TAYLOR: And the idea of establishing again
a framework by which other roads can come to us that we've given
staff a month to develop that criteria.
CHAIRMAN NANCE: I'm going to bring back a -- I'm going to
work with staff to bring back a full agenda item so that everybody can
participate in the arrangement of that request from staff so that they
can go forward with everybody's blessing.
COMMISSIONER TAYLOR: All right, good.
CHAIRMAN NANCE: So we'll be bringing -- I'll work with
transportation to bring back an agenda item.
COMMISSIONER TAYLOR: And I think -- you know, I just
wish everyone a wonderful St. Patty's Day and know that the eyes of
Irish are smiling on Collier County, and that we're working hard for the
taxpayers. And I really appreciate the hard work we did today. I
thought we did a great job. Thank you.
COMMISSIONER FIALA: Thank you. Do you think that we
can handle that all under one subject on an agenda or might we have to
-- the subject, because that is a big one with the MSTUs?
CHAIRMAN NANCE: Well, let's make a run at it. And then if
we feel like we can't, we'll fall back and do something else. But I think
we owe transportation staff an opportunity to lend a little guidance and,
you know, be able to fill us in on some background so we understand
what we've done in the past, what the different options are, what the
ramifications are, and then we'll craft something forward.
COMMISSIONER HILLER: Can I say one last thing?
CHAIRMAN NANCE: Do you agree, Nick? Do you think that's
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March 10, 2015
possible?
MR. CASALANGUIDA: Yes, sir.
CHAIRMAN NANCE: Yes.
COMMISSIONER HILLER: You made a comment. You
remember in the middle of the meeting you said with all due respect?
Remember when you said that?
CHAIRMAN NANCE: Yes.
COMMISSIONER HILLER: So I want you to watch a movie in
the spirit of St. Patrick's Day. I want you to watch the second
Boondock Saints.
CHAIRMAN NANCE: The second what?
COMMISSIONER HILLER: Boondock Saints.
CHAIRMAN NANCE: The second Boondock Saints?
COMMISSIONER HILLER: The second movie of the
Boondock Saints.
CHAIRMAN NANCE: Sounds like up near my North Carolina
place. I think they live in back of me.
COMMISSIONER HILLER: I want you to watch that. I want
you to watch what happens when one gentleman says with all due
respect. And I want you to think of me.
CHAIRMAN NANCE: Okay. I'll never due respect you again.
If nothing else for the good of the county, we'll stand adjourned.
Thank you.
**** Commissioner Fiala moved, seconded by Commissioner
Henning and carried unanimously (Commissioner Hiller absent) that
the following items under the Consent and Summary Agendas be
approved and/or adopted
Item #16A1
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March 10, 2015
AN EASEMENT USE AGREEMENT FOR LOT 12 ACCORDING
TO THE PLAT OF CANDLEWOOD TWO AS RECORDED IN
PLAT BOOK 26, PAGES 34 THROUGH 35 OF THE PUBLIC
RECORDS OF COLLIER COUNTY — AN AGREEEMENT WITH
THE LOT 12 PROPERTY OWNER AND CANDLEWOOD
RESIDENCE'S ASSOCIATION, INC. REGARDING A 2.3 FOOT
ENCROACHMENT THAT WAS OMMITTED ON A 1996 POOL
DECK AND SCREEN ENCLOSURE PERMIT; THE EASEMENT
IS DEDICATED TO THE COUNTY AND THE ASSOCIATION
WILL BE RESPONSIBLE FOR MAINTENANCE
Item #16A2
ACCEPT AN ALTERNATE SECURITY FOR THE SUBDIVISION
KNOWN AS SIERRA MEADOWS, (APPLICATION NUMBER
AR-2340) AND ENTER INTO A STANDARD FORM
CONSTRUCTION, MAINTENANCE AND ESCROW
AGREEMENT — W/STIPULATIONS
Item #16A3
RECORDING THE MINOR FINAL PLAT OF MILLBROOK AT
FIDDLER'S CREEK REPLAT, APPLICATION NUMBER
PL2015000110 — THE DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
BEING ISSUED A FINAL APPROVAL LETTER OR THE PLAT'S
RECORDING
Item #16A4
RECORDING THE FINAL PLAT OF MANDALAY PLACE,
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March 10, 2015
(APPLICATION NUMBER PL20130001582) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY. (COMPANION TO ITEM #16D8)
— W/STIPULATIONS
Item #16A5
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $18,729. 13, FOR PAYMENT OF $679. 13,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V ELSA M. FLORES AND
CARLOS FLORES, SPECIAL MAGISTRATE CASE NO.
CEPM20130018044, RELATING TO PROPERTY LOCATED AT
4650 25TH CT. SW, COLLIER COUNTY, FLORIDA — FOR
VIOLATIONS SURROUNDING AN UNMAINTAINED POOL ON
PROPERTY THAT IS NOW UNDER NEW OWNERSHIP AND
CURRENTLY COMPLIANT
Item #16A6
RELEASE OF TWO CODE ENFORCEMENT LIENS WITH THE
COMBINED ACCRUED VALUE OF $316,600 FOR A PAYMENT
OF $1,000, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. KIRSTIN C.
MARTUCCI, CODE ENFORCEMENT BOARD CASE NOS.
CELU20110006574 AND CESD20110008406, RELATING TO
PROPERTY LOCATED AT 311 16TH AVENUE NE, COLLIER
COUNTY, FLORIDA — AS DETAILED IN THE EXECUTIVE
SUMMARY
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March 10, 2015
Item #16A7
RELEASE OF A CODE ENFORCEMENT LIEN WITH THE
ACCRUED VALUE OF $1,914.43, FOR PAYMENT OF $714.43,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. VALENTE HERNANDEZ,
SPECIAL MAGISTRATE CASE NO. CENA20130015260,
RELATING TO PROPERTY LOCATED AT 980 AUTO RANCH
ROAD (LOT 19), COLLIER COUNTY, FLORIDA — FOR
VIOLATIONS SURROUNDING WEEDS AND GRASS IN
EXCESS OF EIGHTEEN (18) INCHES ON PROPERTY THAT
WAS CONVEYED TO MR. HERNANDEZ IN MAY, 2009 AFTER
THE PASSING OF HIS SISTER; MR. HERNANDEZ WASN'T
ABLE TO COMPLY WITH THE ORDER UNTIL MARCH, 2014
DUE TO LOGISTICS AND FINANCIAL HARDSHIP
Item #16A8
RESOLUTION 2015-40: AMENDING RESOLUTION 2014-37,
WHICH AMENDED RESOLUTION 2009-58, RELATED TO A
STEWARDSHIP SENDING AREA (SSA) DESIGNATED AS
"SSA 10"; APPROVING EXTENSION OF CERTAIN DATES TO
MARCH 10, 2018 IN THE STEWARDSHIP SENDING AREA
CREDIT AND ESCROW AGREEMENTS FOR SSA 10
Item #16A9
AWARDING INVITATION TO BID (ITB) #15-6376 TO
AFFORDABLE LANDSCAPING SERVICE & DESIGN, LLC FOR
THE MAINTENANCE OF RATTLESNAKE-HAMMOCK ROAD
FROM US 41 EAST TO COLLIER BOULEVARD — FOR PHASE 1
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March 10, 2015
(US 41 EAST TO SANTA BARBARA BOULEVARD) AND
PHASE 2 (SANTA BARBARA BOULEVARD TO COLLIER
BOULEVARD), APPROXIMATELY FOUR (4) MILES OF
MEDIAN LANDSCAPE AND IRRIGATION FOR ONE (1) YEAR
WITH THREE (3) ONE YEAR RENEWAL OPTIONS
Item #16A10
AN ADOPT-A-ROAD AGREEMENT WITH VOLUNTEER
GROUP, ALICE MILLER, REALTOR WITH AMERIVEST
REALTY, FOR A SEGMENT OF GOODLETTE FRANK ROAD,
FROM CREECH ROAD TO PINE RIDGE ROAD, WITH TWO (2)
RECOGNITION SIGNS AND A TOTAL COST OF $60 —TO
REMOVE ROADSIDE LITTER IN ACCORDANCE WITH
INSTRUCTIONS IN THE AGREEMENT
Item #16A11
AN ADOPT-A-ROAD AGREEMENT WITH VOLUNTEER
GROUP BOHAYCHYK ENTERPRISES, INC. FOR A SEGMENT
OF AIRPORT PULLING ROAD FROM GOLDEN GATE
PARKWAY TO RADIO ROAD, WITH TWO (2) RECOGNITION
SIGNS AND A TOTAL COST OF $60 — TO REMOVE
ROADSIDE LITTER IN ACCORDANCE WITH AGREEMENT
INSTRUCTIONS
Item #16Al2
AN ADOPT-A-ROAD AGREEMENT WITH VOLUNTEER
GROUP GULF COAST RUNNERS, FOR THE SEGMENT OF
GOLDEN GATE PARKWAY FROM GOODLETTE FRANK
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March 10, 2015
ROAD TO AIRPORT PULLING ROAD, WITH TWO (2)
RECOGNITION SIGNS AND A TOTAL COST OF $60 — TO
REMOVE ROADSIDE LITTER IN ACCORDANCE WITH
AGREEMENT INSTRUCTIONS
Item #16A13
CANCELING AN ADOPT-A-ROAD AGREEMENT WITH THE
VOLUNTEER GROUP PALMETTO RIDGE HIGH SCHOOL
BAND TO ALLOW THE SEGMENT OF OIL WELL ROAD,
FROM IMMOKALEE ROAD TO EAST OF THE HIGH SCHOOL,
TO BECOME AVAILABLE FOR ADOPTION AS PART OF THE
ADOPT-A-ROAD PROGRAM — THE SPONSOR NOTIFIED
ROAD MAINTENANCE THEY WOULD NO LONGER BE
PARTICIPANTING IN THE PROGRAM IN DECEMBER, 2014
Item #16A14
AN ADOPT-A-ROAD AGREEMENT WITH VOLUNTEER
GROUP, PALMETTO RIDGE HIGH SCHOOL AMBASSADOR'S
CLUB, FOR A SEGMENT OF ROAD ON VANDERBILT DRIVE,
FROM WIGGINS PASS ROAD TO BONITA BEACH ROAD,
WITH TWO (2) RECOGNITION SIGNS AND A TOTAL COST
OF $60 — TO REMOVE ROADSIDE LITTER IN ACCORDANCE
WITH INSTRUCTIONS IN THE AGREEMENT
Item #16A15
A WORK ORDER UNDER CONTRACT #13-6164-CZ, WITH
CB&I COASTAL PLANNING & ENGINEERING, INC. FOR
PROFESSIONAL ENGINEERING SERVICES FOR FEMA
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March 10, 2015
RESPONSE ASSISTANCE AND A TIME AND MATERIAL
AMOUNT NOT TO EXCEED $5,492 (FUND NO. 001-103010)
AND AUTHORIZE THE COUNTY MANAGER OR HIS
DESIGNEE TO EXECUTE THE WORK ORDER — AS DETAILED
IN THE EXECUTIVE SUMMARY
Item #16A16
A PROPOSAL UNDER CONTRACT #13-6164-CZ WITH
HUMISTON & MOORE ENGINEERS FOR COLLIER COUNTY
BEACHES AND INLETS ANNUAL MONITORING FOR 2015,
AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO
EXECUTE THE WORK ORDER IN A NOT TO EXCEED
AMOUNT OF $163,795 AND MAKE A FINDING THAT THIS
EXPENDITURE PROMOTES TOURISM — REQUIRED BY FDEP
PERMITTING AND TO OBTAIN DATA NECESSARY TO
IMPLEMENT BEACH RE-NOURISHMENT AND DREDGING
PROJECTS, THE ARTIFICIAL REEF, DERELICT VESSEL AND
WATERWAY MARKER PROGRAMS AS WELL AS RELATED
OPERATIONS REQUIRED TO MAINTAIN THE COUNTY'S
COASTAL WATERWAYS AND COMMUNITIES
Item #16A17
RESOLUTION 2015-41 : APPROVING THE UPDATED MULTI-
JURISDICTIONAL LOCAL MITIGATION STRATEGY (THE
FORMER HAZARD MITIGATION PLAN EXPIRING APRIL 13,
2015) FOR COLLIER COUNTY AND SURROUNDING
JURISDICTIONS NECESSARY TO CONTINUE RECEIPT OF
MITIGATION GRANT, PRE-DISASTER MITIGATION GRANT
& FLOOD MITIGATION ASSISTANCE GRANT FUNDING
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March 10, 2015
Item #16A18
THIS ITEM CONTINUED FROM THE FEBRUARY 24, 2015 BCC
MEETING. INVITATION TO BID #14-6247 FOR PURCHASE
AND DELIVERY OF FUNGICIDES, PESTICIDES AND
HERBICIDES TO MULTIPLE VENDORS THAT INCLUDE
ALIGARE LLC, CROP PRODUCTION SERVICES, INC.,
HELENA CHEMICAL COMPANY, RED RIVER SPECIALTIES,
INC., JOHN DEERE LANDSCAPES, AND UNIVAR USA, INC.
Item #16A19
ACCEPTING A STATUS REPORT ON THE COUNTY'S
COMMUNITY RATING SYSTEM (CRS) 5-YEAR CYCLE
EVALUATION AND A PROGRESS REPORT ON EFFORTS TO
UPDATE THE DIGITAL FLOOD INSURANCE RATE MAP
(DFIRM) AND CORRESPONDING PROPOSED WORK PLAN —
AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16B1
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC), ACTING AS THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY (CRA), REVIEW AND APPROVE
BAYSHORE GATEWAY TRIANGLE AND IMMOKALEE CRA'S
2014 ANNUAL REPORTS, FORWARD THE REPORTS TO THE
BOARD OF COUNTY COMMISSIONERS AND THE CLERK OF
COURTS AND PUBLISH A PUBLIC NOTICE OF THE FILING —
REQUIRED IN THE MONTH OF MARCH EVERY YEAR PER
SUBSECTION 163.356(3)(C), FLORIDA STATUTES
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March 10, 2015
Item #16B2
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC) ACTING AS THE COMMUNITY REDEVELOPMENT
AGENCY (CRA) APPROVE, AFTER-THE-FACT, SUBMITTAL
OF THE ATTACHED COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) APPLICATIONS TO FUND TWO PROGRAMS
WITHIN THE IMMOKALEE COMMUNITY REDEVELOPMENT
AREA, TOTALING $1,210,000 — FOR $770,000 IN FUNDS THAT
WOULD BE USED FOR CONSTRUCTION OF SIDEWALKS &
IMPROVEMENTS AT LOCATIONS IN IMMOKALEE AND A
GRANT OF $440,000 TO CONTINUE IMPLEMENTING THE
COMMERCIAL FACADE IMPROVEMENT PROGRAM THAT
ALLOWS USE OF CRA GRANT FUNDS, IN CONJUNCTION
WITH PRIVATE INVESTMENTS, TO MAKE IMPROVEMENTS
TO EXTERIOR COMMERCIAL STRUCTURES WITHIN
IMMOKALEE AND AIMED AT ECONOMIC REVITALIZATION
Item #16C1
SELECTION COMMITTEE RANKINGS AND ENTERING INTO
CONTRACT NEGOTIATIONS WITH STANTEC CONSULTING
SERVICES, INC., AECOM TECHNICAL SERVICES, INC., AND
HOLE MONTES, INC., UNDER REQUEST FOR PROPOSAL
#14-6345, CONSTRUCTION, ENGINEERING, AND
INSPECTION SERVICES FOR WASTEWATER BASIN
PROGRAM PROJECT NUMBERS 70043, 70044, 70046, 70050,
AND 70051 AND DIRECTING STAFF TO BRING THREE
CONTRACTS TO THE BOARD FOR SUBSEQUENT APPROVAL
— STANTEC CONSULTING SERVICES, INC. (MPS 101 BASIN),
AECOM TECHNICAL SERVICES, INC. (MPS 305 BASIN) AND
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March 10, 2015
HOLE MONTES, INC. (MPS 306 BASIN)
Item #16C2 — Moved to Item #11G (Per Agenda Change Sheet)
Item #16C3
A PURCHASE AND SALE AGREEMENT WITH MELVA E.
ABREU AT A COST NOT TO EXCEED $321,700 TO PURCHASE
PROPERTY IN NAPLES PARK FOR THE RELOCATION OF A
WASTEWATER PUMP STATION, PART OF WASTEWATER
BASIN PROGRAM PROJECT NUMBER 70046 — RELOCATING
THE 101 BASIN PUMP STATION ON PROPERTY AT 9622
VANDERBILT DRIVE
Item #16D1
A SUBSTANTIAL AMENDMENT TO THE U.S. HOUSING AND
URBAN DEVELOPMENT CDBG FY2013-2014 HUD ANNUAL
ACTION PLAN AND APPROVING A SECOND AMENDMENT
TO AN AGREEMENT WITH COLLIER COUNTY HOUSING
AUTHORITY, INC. FOR A COMMUNITY DEVELOPMENT
BLOCK GRANT ELECTRICAL REPLACEMENT PROJECT TO
CORRECT THE SUBRECIPIENT'S BUSINESS TITLE, EXTEND
COMPLETION DATE, REDUCE AGREEMENT ALLOCATION,
MODIFY THE NUMBER OF UNITS BEING REHABILITATED
AND CORRESPONDING BENEFICIARY TOTAL AND UPDATE
LANGUAGE — AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16D2
SATISFACTION OF MORTGAGE FOR THE TUSCAN ISLES
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March 10, 2015
APARTMENTS IN THE AMOUNT OF $200,000 — SATISFYING
THE 2003 LOAN AGREEMENT BETWEEN COLLIER COUNTY
AND CREATIVE CHOICE HOMES XIV, LTD FOR TUSCAN
ISLES APARTMENTS, A/K/A HERON COVE APARTMENTS,
AN AFFORDABLE RENTAL COMPLEX THAT RECEIVES
HOUSING TAX CREDITS THROUGH THE FLORIDA HOUSING
FINANCE CORPORATION AND REQUIRE UNITS REMAIN
AFFORDABLE THROUGH 2054
Item #16D3
REJECT RFP #14-6301, DESIGN SERVICES FOR THE CLAM
PASS PARK BOARDWALK AND RESTROOM FACILITY, TO
NOT PROCEED WITH THE NEGOTIATED CONTRACT WITH
Q. GRADY MINOR AND ASSOCIATES, P.A., REDUCE THE
PROJECT SCOPE TO INCLUDE REPAIR AND OR
REPLACEMENT WORK, AND RE-SOLICIT A NEW REQUEST
FOR PROPOSAL —AFTER CONSIDERABLE OPPOSITION AND
CONCERNS REGARDING THE EFFECT ON THE AREA'S
SENSITIVE HABITAT STAFF RECOMMENDS REVISING THE
PROJECT, WILL HOLD A PUBLIC MEETING FOR FURTHER
DISCUSSION AND DETAILS WILL BE BROUGHT FORWARD
FOR APPROVAL BY THE PELICAN BAY FOUNDATION, THE
PARAB AND TDC BEFORE A NEW RFP IS SOLICITED
Item #16D4
TWO (2) REVISED MEMORANDUMS OF UNDERSTANDING
WITH SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT
BOARD, INC. FOR THE 21ST CENTURY COMMUNITY
LEARNING CENTERS SWIMMING SKILLS AND DROWNING
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March 10, 2015
PREVENTION "MIRACLE PLUS 1" AND "MIRACLE PLUS 2"
PROGRAMS — REQUESTED BY SOUTHWEST FLORIDA
WORK FORCE DEVELOPMENT BOARD PER UPDATED
REQUIREMENTS FROM THE GRANTOR AGENCY, UNITED
STATES DEPARTMENT OF EDUCATION, THAT INCLUDES
MINOR LANGUAGE CHANGES, MOVING AN INVOICE DATE
FROM APRIL TO MARCH AND INCLUDING A SPRING
BREAK SESSION FOR PROGRAMS THAT WILL BE HELD
MARCH 16-19, MAY 9, JUNE 8-11 AND JUNE 15-18, 2015 AT
THE IMMOKALEE SPORTS COMPLEX
Item #16D5
RESOLUTION 2015-42: ESTABLISHING A POLICY FOR THE
PARKS AND RECREATION DEPARTMENT TO RE-INSTATE
DELINQUENT PATRON ACCOUNTS THAT WILL ALLOW
PARK AND REC PROGRAM PARTICIPANTS CONTINUED
ACCESS TO PARKS AND RECREATION PROGRAMS
Item #16D6
AN AFTER-THE-FACT GRANT APPLICATION FOR A 3-YEAR
U.S. DEPARTMENT OF JUSTICE, OFFICE ON VIOLENCE
AGAINST WOMEN - JUSTICE FOR FAMILIES GRANT THAT
IS PART OF THE VICTIMS ADVOCACY ORGANIZATION
GRANT PROGRAM — THE COUNTY AND COLLABORATIVE
PARTNERS ARE REQUESTING $481,763 IN FUNDS TO
EXPAND THE DOJ'S EXISTING SAFE HAVEN'S PROGRAM
TO TRAIN COURT-BASED AND RELATED PERSONNEL, AS
WELL AS JUVENILE COURT RESOURCES; IF AWARDED
AN AGREEMENT AND SUBSEQUENT AWARDS WILL BE
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March 10, 2015
BROUGHT FORWARD ON A LATER DATE FOR APPROVAL
Item #16D7 — Continued to the March 24, 2015 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE AN AFTER-THE-FACT
GRANT APPLICATION FOR $516,816 TO FUND EXPANSION
OF IMMOKALEE SPORTS COMPLEX FITNESS CENTER
THROUGH A FY 2015-2016 HOUSING AND URBAN
DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG)
Item #16D8
A STANDARD DONATION AGREEMENT THAT ALLOWS
MANDALAY PLACE, LLC TO DONATE A 1.14 ACRE PARCEL
ALONG WITH A MANAGEMENT ENDOWMENT OF $3,544.45
TO THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM UNDER THE OFFSITE VEGETATION RETENTION
PROVISION OF THE LAND DEVELOPMENT CODE LDC SEC
3.05.07H. 1.F.III. (B), AT NO COST TO THE COUNTY, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE DONATION
AGREEMENT AND STAFF TO TAKE ALL NECESSARY
ACTIONS TO CLOSE. (COMPANION TO ITEM #16A4 THAT
MUST BE APPROVED OR THIS ITEM WILL BE CONTINUED
TO ANOTHER BCC MEETING) — THE ENDOWMENT IS
EXPECTED TO COVER MAINTENANCE COSTS FOR
APPROXIMATELY 7 YEARS WITHIN THE WINCHESTER
HEAD MULTI-PARCEL PROJECT IN GOLDEN GATE ESTATES
Item #16D9
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March 10, 2015
AWARDING ITB #15-6401 TO ZACKS FOOD CART MINISTRY
CATERING INC. FOR NORTH COLLIER REGIONAL PARK
CONCESSIONAIRE SERVICES, AND AUTHORIZING THE
CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENT —
AN INTIAL CONTRACT PERIOD BEGINNING APRIL 1, 2015
WITH AN OPTION FOR TWO (2) ADDITIONAL THREE (3)
YEAR PERIODS WITH ANNUAL COMMISSIONS ESTIMATED
AT $84,041 BASED ON HISTORICAL SALES
Item #16D10
ACKNOWLEDGING A TERMINATION LETTER FROM
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
SUBRECIPIENT, GRACE PLACE FOR CHILDREN AND
FAMILIES INCORPORATED, FOR A CAMPUS EXPANSION
AND RENOVATION PROJECT IN THE AMOUNT OF $300,000 —
IMMEDIATELY TERMINATING FOR CONVENIENCE CDBG
GRANT #B-14-UC-12-0016, SUBRECIPIENT AGREEMENT
#CD14-08 DUE TO A SIGNIFICANT INCREASE IN PROJECT
COSTS WHEN COMPARED TO THE ORIGINAL ESTIMATE
Item #16D11
SALE OF PROPERTY AT 402 3RD STREET, IMMOKALEE AND
AUTHORIZING STAFF TO DEPOSIT THE FUNDS RECEIVED
FROM THE SALE INTO THE STATE HOUSING INITIATIVE
PARTNERSHIP PROGRAM TRUST FUND — THE BOARD
ACCEPTED TITLE TO THE PROPERTY IN 2013 VIA
RECORDING OF A SPECIAL WARRANTY DEEDS IN LIEU OF
FORECLOSURE SUBJECT TO (SHIP) PROGRAM GUIDELINES;
IN DECEMBER, 2014 COMMUNITY & HUMAN SERVICES
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March 10, 2015
WAS CONTACTED AND ACCEPTED THE $40,000 MINIMUM
BID FOR PROPERTY "AS-IS" SUBJECT TO SHIP GUIDELINES
AND THE PAYMENT OF OUTSTANDING PROPERTY TAXES
Item #16D12
SUBMITTAL OF A FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION DIVISION OF STATE
LANDS SOVEREIGNTY SUBMERGED LAND LEASE
RENEWAL AND MODIFICATION FOR THE GOODLAND
BOATING PARK, RAMP AND DOCKING REFLECTING AN
INCREASE IN SUBMERGED LANDS FROM 47,753 SQUARE
FEET TO 48,740 SQUARE FEET AND A 10-YEAR EXTENSION
— INCLUDES PAYMENT OF $483.19 FOR FEES ASSOCIATED
WITH THE INCREASED SQUARE FOOTAGE; THE CURRENT
LEASE THAT EXPIRES MAY 5, 2015, WITH ANNUAL FEES OF
$11,359.20, WILL BE INVOICED SEPARATELY BY DEP
Item #16E1
RECOGNIZING THE INTEREST EARNED BY EMS COUNTY
GRANT REVENUE AND APPROPRIATE FUNDS FOR A TOTAL
AMOUNT OF $262.39 — RECOGNIZING THE ROLLOVER OF
ACCRUED AND UNSPENT REVENUE THRU DECEMBER 2014
FOR EMS GRANT FUND 493 (PROJECT NO. 33362)
Item #16E2
SALE AND DISPOSAL OF SURPLUS PROPERTY PER
RESOLUTION 2013-95 FOR THE SALE OF COUNTY SURPLUS
PROPERTY ON APRIL 18, 2015 AT THE NAPLES AIRPORT;
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March 10, 2015
RATIFY NAPLES AIRPORT SPACE LEASE FOR THE EVENT;
AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO
SIGN TRANSFER OF VEHICLE TITLES AND ACCEPT THE
REPORT REFERENCING SALE, SCRAP AND DONATION AND
DISBURSEMENT OF FUNDS ASSOCIATED WITH COUNTY
ON-LINE AUCTIONS HELD DURING THE LAST QUARTER —
AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16E3
CONVEYANCE OF A GRANT OF EASEMENT TO FPL
FIBERNET, LLC TO PROVIDE FIBER CONNECTION TO THE
COLLIER COUNTY JAIL — A 10-FOOT WIDE 2364 SQUARE
FOOT EASEMENT REQUESTED BY THE SHERIFF'S OFFICE
FOR CONNECTION OF COMMUNICATION EQUIPMENT
Item #16E4
REJECTING ALL BIDS FOR INVITATION TO BID #14-6359
FOR "ON-CALL MECHANICAL CONTRACTORS" — STAFF
DETERMINED REVISIONS TO SPECIFICATIONS AND THE
AWARD METHODOLOGY IS REQUIRED, THEREFORE THE
CONTRACT WILL BE RE-SOLICITATED
Item #16E5
ACCEPT REPORTS AND RATIFY STAFF-APPROVED
CHANGE ORDERS AND CHANGES TO WORK ORDERS — FOR
THE PERIOD OF JANUARY 23, 2015 TO FEBRUARY 23, 2015
Item #16E6
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March 10, 2015
RESOLUTION 2015-43: APPROVING THE MULTI-
JURISDICTIONAL LOCAL MITIGATION STRATEGY (LMS)
(FORMER HAZARD MITIGATION PLAN) FOR COLLIER
COUNTY AND ITS JURISDICTIONS — A COPY OF THE PLAN
IS AVAILABLE ELECTRONICALLY, IN THE REFERENCE
SECTION AT SOUTH REGIONAL LIBRARY AND UPON
REQUEST
Item #16F1
ASSIGNMENT OF IMPACT FEE CREDITS IN THE AMOUNT
OF $23,215.83 HELD BY THE FIRST CONGREGATIONAL
CHURCH FOR A RIGHT-OF-WAY THAT WAS CONVEYED TO
THE COUNTY PER RESOLUTION 08-335 – THE CHURCH HAS
REQUESTED THE REMAINING CREDITS BE ASSIGNED TO
ANOTHER DEVELOPMENT WITHIN THE ADJACENT ROAD
IMPACT FEE DISTRICT
Item #16F2 – Correcting the date of a TDC Meeting referenced
in the Executive Summary (Per Agenda Change Sheet)
CATEGORY "B" TOURIST TAX FUNDING IN THE AMOUNT
OF $8,100 TO SUPPORT THREE UPCOMING 2015 EVENTS
UNDER THE SPORTS EVENT ASSISTANCE PROGRAM AND
MAKE A FINDING THAT THESE EXPENDITURES PROMOTE
TOURISM – FOR THE FLORIDA FUTURE SHOWCASE
CHALLENGE MARCH 27-29, 2015, THE SUN TRAPS SHOOT
APRIL 11-12, 2015 AND THE NAPLES SPRING SHOOTOUT
APRIL 10-12, 2015
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March 10, 2015
Item #16F3 — Continued to the March 24, 2015 BCC Meeting
and correcting a TDC Meeting date referenced
in the Executive Summary (Per Agenda Change Sheet)
RECOMMEND APPROVAL OF TOURIST DEVELOPMENT TAX
CATEGORY "B" FUNDING UP TO $90,500 TO SUPPORT THE
PRO WATERCROSS WORLD CHAMPIONSHIPS SEPTEMBER
19-28, 2015, AUTHORIZE THE CHAIRMAN TO EXECUTE THE
AGREEMENT AND MAKE A FINDING THIS EXPENDITURE
PROMOTES TOURISM
Item #16F4
RESOLUTION 2015-44: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2014-15
ADOPTED BUDGET
Item #16F5
PROPOSED CHANGES TO FY16 TOURIST DEVELOPMENT
COUNCIL GRANT APPLICATIONS FOR CATEGORY B, C-2
AND SPORTS EVENT ASSISTANCE AND MAKE A FINDING
THAT THIS ITEM PROMOTES TOURISM — AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16G1
BOARD OF COUNTY COMMISSIONERS, ACTING AS THE
AIRPORT AUTHORITY, APPROVES A COLLIER COUNTY
AIRPORT AUTHORITY STANDARD FORM LEASE AND A
Page 205
March 10, 2015
RIDER TO THE COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LEASE WITH GULF COAST DESIGN
PRODUCTS, INC. AT THE IMMOKALEE REGIONAL AIRPORT
— MONTHLY INSTALLMENTS OF $2,322.50 WILL BE PAID
FOR SPACE WITHIN THE INCUBATOR II BUILDING AT
IMMOKALEE REGIONAL AIRPORT; REPLACES THE PRIOR
EXPIRED LEASE WITH GULF COAST DESIGN PRODUCTS
AND REDUCES THE LEASE SPACE FROM 10,504 SQUARE
FEET TO APPROXIMATELY 5,274 SQUARE FEET
Item #16H1
RESOLUTION 2015-45: REAPPOINTING JAMES "JIM" KING
TO THE HALDEMAN CREEK DREDGING MAINTENANCE
ADVISORY COMMITTEE FOR A TERM EXPIRING
MARCH 13, 2019
Item #16H2
RESOLUTION 2015-46: APPOINTING JENNIFER W. WILLIAMS
AND ELLEN TAYLOR TO THE BLACK AFFAIRS ADVISORY
BOARD TO FULFILL THE REMAINDER OF VACANT TERMS
EXPIRING JUNE 25, 2018
Item #16H3
RESOLUTION 2015-47: APPOINTING EILEEN ARSENAULT
(ARCHAEOLOGY CATEGORY) TO THE HISTORICAL
ARCHAEOLOGICAL PRESERVATION BOARD TO A TERM
EXPIRING OCTOBER 1, 2017
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March 10, 2015
Item #16J1
EXECUTION OF THE GRANT AWARD FOR THE COLLIER
COUNTY SHERIFF'S OFFICE FY2014-2015 INVEST GRANT
AWARD IN THE AMOUNT OF $105,035 AND APPROPRIATE A
BUDGET AMENDMENT — FOR COLLIER COUNTY SHERIFF'S
OFFICE INTIMATE VIOLENCE ENHANCED SERVICE TEAM
(INVEST) THAT REQUIRES A $25,000 FUNDING MATCH
Item #16J2
A BUDGET AMENDMENT IN THE AMOUNT OF $1,000 FOR A
DONATION PREVIOUSLY RECEIVED BY THE SUPERVISOR
OF ELECTIONS — FUNDS RECEIVED FOR THE "ART FOR
DEMOCRACY" PROJECT (#50076) THAT WILL TAKE PLACE
DURING THE 2016 ELECTION CYCLE AND FEATURE ITEMS
CREATED BY LOCAL STUDENTS
Item #16J3
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND APPROVAL OF
DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 19
THROUGH FEBRUARY 25, 2015
Item #16J4
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND APPROVAL OF
DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 26
THROUGH MARCH 4, 2015
Page 207
March 10, 2015
Item #16K1
RESOLUTION 2015-48: AUTHORIZING THE COLLIER
COUNTY HEALTH FACILITIES AUTHORITY TO ISSUE
HEALTH FACILITY REVENUE BONDS FOR HEALTH CARE
FACILITIES AT MOORINGS PARK AND MOORINGS PARK AT.
GREY OAKS
Item #17A
RESOLUTION 2015-49: VAC-PL20150000090 TO DISCLAIM,
RENOUNCE AND VACATE COUNTY INTEREST IN A 15 FOOT
COUNTY UTILITY EASEMENT (C.U.E.) RUNNING THROUGH
TRACT A OF BRIARWOOD PLAZA, AS RECORDED IN PLAT
BOOK 17, PAGES 24 THROUGH 25 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 31,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA
Item #17B
ORDINANCE 2015-22: APPROVING A 2013 CYCLE 2 GROWTH
MANAGEMENT PLAN AMENDMENT - IMMOKALEE BIG
BOX STORE PROJECT (ADOPTION HEARING AND
COMPANION TO ITEM #17C PETITION PUDZ-PL20130001241,
SR29 COMMERCIAL PLANNED UNIT DEVELOPMENT
Item #17C
ORDINANCE 2015-23: AMENDING ORDINANCE 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
Page 208
March 10, 2015
CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING
REGULATIONS FOR 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 AN AGRICULTURE (A) ZONING DISTRICT
WITH A MOBILE HOME OVERLAY (A-MHO) TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD)
ZONING DISTRICT WITHIN THE STATE ROAD 29
COMMERCIAL OVERLAY SUBDISTRICT (SR29COSD) TO
ALLOW UP TO 162,000 SQUARE FEET OF COMMERCIAL
USES FOR A PROJECT TO BE KNOWN AS THE SR 29 CPUD
ON PROPERTY LOCATED AT THE NORTHWEST QUADRANT
OF SR-29 AND WESTCLOX STREET IN SECTION 29,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF 24.99+ ACRES; AND BY
PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20130001241
AND COMPANION TO PETITION PL20130001345/CP-2013-8
ITEM #17B)
*****
Page 209
March 10, 2015
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4: 10 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
TIM NANCE, CHAIRMAN
ATTEST
DWIGHT E. BROCK, CLERK
bids G ! Vie^
Nt* '
fr"
Attest a ;
siatur `oni
These minutes approved by the Board on WI 1 4, 2D is
as presented or as corrected
Transcript prepared on behalf of Gregory Court Reporting,
Incorporated by Cherie' R. Nottingham, CSR.
Page 210