BCC Minutes 11/10/2015 R BCC
REGULAR
MEETING
MINUTES
November 10, 2015
November 10, 2015
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, November 10, 2015
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting
as the Board of Zoning Appeals and as the governing board(s) of
such special districts as have been created according to law and
having conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Tim Nance
Donna Fiala
Tom Henning
Georgia Hiller
Penny Taylor
ALSO PRESENT:
Leo E. Ochs, Jr., County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey Klatzkow, County Attorney
Crystal Kinzel, Office of the Clerk of Courts
Troy Miller, Television Operations Manager
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
-N1 I
(41
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
November 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 Dev. Chair
Commissioner Tom Henning, District 3 — PSCC Vice-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.
PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR
FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE
CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST.
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."
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November 10, 2015
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.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Dr. Bob Scudieri - Member of Peace Lutheran Church
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. October 13, 2015 — BCC/Regular Meeting Minutes
3. SERVICE AWARDS
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November 10, 2015
4. PROCLAMATIONS
A. Proclamation designating November 22-28, 2015 as Farm City Week in
Collier County. To be accepted by Stephanie Kissinger, 2015 Chair of
the Farm City BBQ and representatives of the four youth leadership
development programs benefitting from the proceeds of Farm City BBQ:
Collier County 4H Association, Youth Leadership Collier, Collier County
Junior Deputies League, and Key Club International.
B. Proclamation honoring the work of Collier County MedFlight and
celebrating its 40 years of service to Collier County. To be accepted by
Collier County EMS Chief Walter Kopka.
5. PRESENTATIONS
A. Presentation of Collier County Business of the Month for November 2015
to the Golisano Children's Museum of Naples. To be accepted by Karysia
Demarest, Executive Director, Golisano Children's Museum of Naples;
Teresa Stohs, Major Gifts Officer, Golisano Children's Museum of Naples;
Kristi Bartlett, Vice President, Opportunity Naples, The Greater Naples
Chamber of Commerce; and Ashley Porraro, Account Executive, The
Greater Naples Chamber of Commerce.
B. Recognition of county employee Rick Zyvoloski, Emergency Management
Coordinator, Bureau of Emergency Services, for being a winner of a 2015
Distinguished Public Service award bestowed by the Greater Naples
Chamber of Commerce in association with the Naples Daily News.
6. PUBLIC PETITIONS
A. Public petition request from Audrey Tezyk requesting the establishment of
the Kean Court Municipal Service Benefit Unit (MSBU) and Municipal
Service Taxing Unit (MSTU). The purpose of the MSBU would be to
perform a one-time upgrade to Kean Court and the purpose of the MSTU
would be to maintain the upgraded Kean Court.
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
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November 10,2015
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 11:00 a.m. Recommendation to not adopt the
Southbrooke Office Subdistrict small-scale amendment to the Collier
County Growth Management Plan, Ordinance 89-05, as amended, and not
to transmit to the Florida Department of Economic Opportunity. (Adoption
Hearing) (PL20140002143/CPSS-2014-4) [Companion to Petition PUDZ-
PL20140002077]
B. This item to be heard immediately following Item #9A. This item
requires that ex parte disclosure be provided by Commission members.
Recommendation to approve an Ordinance amending Ordinance Number
2004-41, as amended, the Collier County Land Development Code which
includes 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 Estates (E) Zoning District to a Commercial Planned Unit
Development (CPUD) Zoning District to allow up to 40,000 square feet of
gross floor area of commercial development on a 5.19± acre parcel to be
known as the Southbrooke CPUD, located on the south side of Immokalee
Road, east of Valewood Drive in Section 29, Township 48 South, Range 26
East, Collier County, Florida; and by providing an effective date. [PUDZ-
PL20140002077 - Companion to CPSS-2014-4/PL20140002143
Southbrooke Office Subdistrict, Agenda Item #9A]
C. This item to be heard at 9:45 a.m. Recommendation to review and
approve the 2015 combined Annual Update and Inventory Report (AUIR)
on Public Facilities and Capital Improvements Element (CIE) amendment as
provided for in Chapter 6.02.02 of the Collier County Land Development
Code and Section 163.3177(3)(b), Florida Statutes and adopt an ordinance
that updates the 5-year capital improvement schedules.
D. This item has been continued to the December 8, 2015 BCC Meeting.
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. An Ordinance of the Board of County Commissioners of
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November 10, 2015
Collier County, Florida amending Ordinance No. 83-46, as amended, the
Berkshire Lakes Planned Unit Development by adding a 2.17 acre recreation
area in the existing preserve and moving 2.17 acres of existing preserve to
small separate preserve areas throughout parcel "F"; by adding a deviation
to allow small separate preserve areas instead of continuous preserves; by
amending the master plan to reflect acreages for the recreation area, preserve
areas and lakes/water management, drainage and utility easement area under
the recreation and open space/park "0" District, and to depict the recreation
area and separate preserve areas; and providing an effective date. The
subject property, consisting of 1093± acres, is located north of Davis
Boulevard and west of Santa Barbara Boulevard in Sections 32 and 33,
Township 49 South, Range 26 East, and Section 5, Township 50 South,
Range 26 East, Collier County, Florida. [PUDA-PL20150000303]
E. This item has been continued from the October 13, 2015 BCC meeting
and further continued to the December 8, 2015 BCC Meeting. 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. Kathleen Riley, et al requests an appeal to the Board of County
Commissioners of a final decision by the Collier County Planning
Commission to approve Petition BDE-PL20150000487 for an 18-foot boat
dock extension over the maximum 20-foot limit allowed by Section 5.03.06
of the Land Development Code for a total protrusion of 24 to 38 feet to
accommodate a 26 slip multi-family docking facility for the benefit of a
15.61 ± acre project to be known as Haldeman Creek Docks in Sections 11
and 14, Township 50 South, Range 25 East, Collier County, Florida.
(Petition ADA-PL20150001703)
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to award bid #15-6506, "MPS 303 & 304 Rehabilitation,"
to Douglas N. Higgins, Inc., in the amount of$3,041,579 under Master
Pump Station Technical Support Project Number 70050. (Tom Chmelik,
Public Utilities Engineering Division Director)
B. Recommendation to approve a $337,000 work order with Hole Montes, Inc.,
under Contract #14-6345, Construction Engineering and Inspection Services
for Master Pump Stations 303 and 304 Rehabilitation Project No. 70050.
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November 10, 2015
(Tom Chmelik, Public Utilities Engineering Division Director)
C. Recommendation to approve the award of RFP #15-6424, Management
Services Contract for the Collier Area Transit (CAT) Fixed Route and
Paratransit Programs, to Medical Transportation Management, Inc., d/b/a
Southeast MTM, Inc. (MTM) for Scheduling and Dispatch Services and to
MV Transportation, Inc. for Transit Operation Services. (Estimated annual
amount $6,427,033). (Michelle Arnold, Public Transportation Division
Director)
D. Recommendation that the Board of County Commissioners (Board) waives
competition and approves a Software Maintenance Agreement for a 5-year
period for a total amount of$1,221,995.02 with N. Harris Computer
Corporation for the CityView building permitting and land use software
application. (Jamie French, GMD Deputy Department Head)
E. This item to be heard at 11:30 a.m. Recommendation to approve an award
for Invitation to Bid #15-6531 "Replanting Median-Radio Road East
MSTU" to Amado Lawn Service LLC, the lowest responsive bidder, and
approve budget amendments in the amount of$61,155. (Michelle Arnold,
Public Transportation Division Director)
F. This item continued from the October 13, 2015 BCC Meeting and
further continued to the December 8, 2015 BCC Meeting. This item to
be heard immediately following Item 9E. 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 a Resolution approving a Special Treatment development permit to
allow construction of boat dock and dock access improvements on property
owned by Standard Pacific of Florida with a zoning designation of RMF-
6(3) and a Special Treatment overlay located in Sections 11 and 14,
Township 50 South, Range 25 East, Collier County, Florida. (Stephen
Lenberger, GMD, Sr. Environmental Specialist)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
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November 10, 2015
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule.
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 DEPARTMENT
1) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$131,540, which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20150000451) for work associated with Winding Cypress Unit 3.
2) Recommendation to approve final acceptance and unconditional
conveyance of water and sewer utility facilities for Reflection Lakes
at Naples, Phase 3A, PL20130001000, and to authorize the County
Manager, or his designee, release the Final Acceptance Obligations
Bond in the total amount of$4,000 to the Project Engineer or the
Developer's designated agent.
3) Recommendation to approve final acceptance of water facilities for
Lely Palms Adult Community Living Facility, PL20 1 1 0002460, and
authorize the County Manager, or his designee, release the Utilities
Performance Security (UPS) in the amount of$2,954 to the Project
Engineer or the Developer's designated agent.
4) Recommendation to approve final acceptance and unconditional
conveyance of water and sewer utility facilities for Lipari-Ponziane,
PL20130002052.
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November 10,2015
5) Recommendation to accept time extensions to Joint Participation
Agreement Contracts with the Florida Department of Transportation
(FDOT) for CEI and Construction Services, and to allow additional
work to be bid as part of the FDOT resurfacing project on SR951
from Fiddler's Creek Parkway to South of SR 90 (US41), along with
the County's US41 and SR/CR-951 intersection project; Project
60116. Estimated amount is $63,000.
6) Recommendation to approve final acceptance and unconditional
conveyance of water utility facilities for 32 Caribbean Road,
PL20130001739, and to authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and
Final Obligation Bond in the total amount of$4,801.62 to the Project
Engineer or the Developer's designated agent.
7) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Vercelli,
Phase 1, PL20130002056.
8) 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 Lagomar at Fiddler's
Creek - Replat, Application Number PL20150002068.
9) 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 Legacy Lakes, (Application
Number PL20140002259) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
10) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Riverstone
Plat 4, PL20130001741, and to authorize the County Manager, or
his designee, to release the Final Obligation Bond in the amount of
$4,000 to the Project Engineer or the Developer's designated agent.
11) Recommendation to approve final acceptance and unconditional
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November 10, 2015
conveyance of water and sewer utility facilities for Riverstone Plat 2,
PL20130000609, and to authorize the County Manager, or his
designee, to release the Final Obligation Bond in the amount of
$4,000 to the Project Engineer or the Developer's designated agent.
12) 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 recording the final plat of Warm Springs, (Application
Number PL20150001870) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
13) 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 recording the final plat of Viansa at Talis Park, (Application
Number PL20150001986) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
14) 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 recording the final plat of Isles of Collier Preserve Phase 7,
(Application Number PL20150001904) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
15) Recommendation to approve a Temporary Use Agreement allowing
for existing improvements owned by The Strand at Naples, LLC, to
remain and encroach upon right-of-way owned by Collier County
along the easterly-most and undeveloped stretch of a Veteran's
Memorial Boulevard right-of-way. Estimated fiscal impact: $0.)
16) Recommendation to award Invitation to Bid (ITB) #15-6491R,
Irrigation Parts, Pumps, and Related Items to Florida Irrigation
Supply, Inc.; Exhibit A: Irrigation Parts and to Naples Electric Motor
Works, Inc.; Exhibit B: Pumps, each company being the lowest,
qualified, responsive bidder in the awarded category. (Estimated
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November 10, 2015
annual agency expenditures are $217,500)
17) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$3,760 which was posted as a development
guaranty for work associated with Group President Electronics, USA,
Early Work Authorization (EWA) PL20150001774.
18) Recommendation to adopt a Resolution Amending Exhibit "A" to
Resolution No. 2015-135, the master list of speed limits on County
maintained roads, authorize staff to implement 20 mph speed limits
for specified streets within Lely Resort Community and work to have
appropriate signage installed on decorative posts in that community as
necessary.
19) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$48,780 which was posted as a
guaranty for Excavation Permit Number 60.108, (PL20130001985)
for work associated with Marsilea Villas.
20) Recommendation to approve the release of a code enforcement lien
with an accrued value of$189,862.82 for payment of$897.50, in the
code enforcement action entitled Board of County Commissioners v.
Zack Moen and Gretchen Moen, Code Enforcement Special
Magistrate Case No. CEPM20090007445, relating to property
located at 4645 13th Avenue SW, Collier County, and Florida.
21) Recommendation to approve the release of a code enforcement lien
with an accrued value of$91,809.89 for payment of$2,259.89, in the
code enforcement action entitled Board of County Commissioners v.
Morad Bahrami, Code Enforcement Special Magistrate Case No.
CEPM20110002763, relating to property located at 841 Bluebird
Street, Collier County, Florida.
22) Recommendation to approve the release of thirty-seven (37) code
enforcement liens/orders with an accrued value of$326,703.07 for
payment of$8,953.07, in relation to twenty-nine (29) Code
Enforcement actions in a development known as Diamond Shores,
located on State Road 951 in Collier County, Florida.
23) Recommendation to recognize a multi-year Joint Participation
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November 10, 2015
Agreement between the Florida Department of Transportation and
Collier Metropolitan Planning Organization that includes Federal
pass-through 49 USC §5305(d) funding, authorize the necessary
budget amendments for grant revenue in the amount of$124,295 and
a local match in the amount of$13,811.
24) Recommendation to approve and authorize the Chairman to execute
the Sovereignty Submerged Lands Easement for the Doctor's Pass
Dredging Complex.
25) Recommendation to approve increasing a Purchase Order for outside
counsel, Smolker Bartlett Loeb Hinds & Sheppard P.A., in the amount
of$30,000 for anticipated attorney fees in support of eminent domain
litigation for US-41/Collier Boulevard Intersection Improvement
Project No. 60116. (Fiscal Impact: $30,000)
26) Recommendation to grant an easement to the South Florida Water
Management District in order to provide access to a boat ramp
being installed to maintain the Cocohatchee Canal as a part of the
construction of roadway and bridge improvements also known as
the Collier Boulevard Extension.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve Amendment No. 3 to the Developer
Agreement with Habitat for Humanity of Collier County, Inc. for the
Neighborhood Stabilization Program 1 and Amendment 6 to the
Developer Agreement with Habitat for Humanity of Collier County,
Inc. for the Neighborhood Stabilization Program 3 to incorporate
resale provisions.
2) Recommendation to approve an amendment to the Interlocal
Agreement with Lee County related to the lease of a bus being used
for an existing public transit route between Lee and Collier Counties.
3) Recommendation to recognize interest earnings and approve a budget
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November 10, 2015
amendment in the amount of$334.48 to roll forward in the Library's
State Aid Grant Fund.
4) Recommendation to recognize and accept revenue for Collier Area
Transit bus shelters in the amount of$55,000 and to approve all
necessary budget amendments.
5) Recommendation to approve and authorize the Chairman to sign a
Joint Participation Agreement with the Florida Department of
Transportation in the amount of$100,000, funded jointly by FDOT
(50%) and Collier County (50%), to develop a mobile phone
application for Collier Area Transit; approve a resolution authorizing
the Chair to sign the agreement; and authorize all necessary Budget
Amendments.
6) Recommendation to award Invitation to Bid #15-6510 to Custom
Built Marine Construction, Inc., the lowest, qualified, responsive
bidder, in the amount $533,892, for "Clam Pass Boardwalk Repair,"
authorize the Chairman to execute the contract, and make a finding
that this expenditure promotes tourism.
7) Recommendation to approve and authorize the Chairman to sign two
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.
8) Recommendation to award Invitation to Bid #15-6480, Collier Area
Transit Bus Shelters and Related Items, to various vendors, including
LNI Custom Manufacturing, Inc., Tolar Manufacturing Company, Inc.
and Brasco International, Inc.
9) Recommendation to authorize the necessary budget amendments to
reflect estimated grant funding for the Calendar Year 2016 Older
Americans Act Programs in the amount of$1,162,548.
10) Recommendation to authorize Collier County Museum to apply for
and receive a $1,000 Pfizer Foundation Volunteer Program donation
and approve necessary budget amendment to recognize same.
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11) Recommendation to authorize the advertisement of Ordinances
establishing the Della Drive Municipal Service Benefit Unit for the
repayment of funds used to make emergency repairs and Municipal
Service Taxing Unit to fund and levy not to exceed five (5) mils per
year of Ad Valorem Taxes for future emergency repairs to Della
Drive when necessary.
12) Recommendation to approve a mortgage satisfaction for the State
Housing Initiatives Partnership loan program in the amount of$2,500.
13) Recommendation to declare that the implementation of the Rental
Assistance Program under the U.S. Department of Housing and Urban
Development (HUD) Emergency Solutions Grant (ESG) program is
administrative and ministerial.
14) Recommendation to approve a budget amendment in the amount of
$111,000 to help provide for the estimated $220,000 in repairs and
improvements to ventilation systems in animal housing areas at the
Domestic Animal Services Naples Shelter.
15) Recommendation to approve and adopt a Resolution recognizing and
accepting a $10,000 donation from the William G. Hendrickson Trust
to specifically benefit youth education programs at the Collier County
Public Library, authorize the Chairman to execute both the Resolution
and the required receipt, approve the necessary budget amendment.
16) Recommendation to approve a Long Term Community Market
Agreement with Joe Rakow, Market Manager, to provide a
Community Market at Golden Gate Community Park.
17) Recommendation to approve and authorize the Chairman to execute
Landlord Payment Agreements with three landlords, allowing the
County to administer the Rapid Re-Housing and Homelessness
Prevention Program through the Emergency Solutions Grant
Program.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve Change Order #1 to Contract #14-6255R
with BSSW Architects, Inc. for Collier County Sheriff Office (CCSO)
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November 10,2015
requested scope additions to the new Orangetree Substation.
2) Recommendation to recognize carry-forward from accrued interest
earned by EMS County Grant revenue and appropriate funds for a
total amount of$91.00.
3) Recommendation to ratify Property, Casualty, Workers'
Compensation and Subrogation claim files settled and/or closed by the
Risk Management Division Director pursuant to Resolution 2004-15
for the fourth quarter of FY15.
4) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for modifications to work orders,
change orders, surplus property and other items as identified.
5) Recommendation to incorporate the previously Board approved
project to add a radio system site in North Naples (Old 41 site) into
Contract #15-6409, for the 800 MHz P25 Project.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve Tourist Tax Category "B" funding to
support three upcoming FY2016 sports events up to $8,900 and make
a finding that these expenditures promote tourism.
2) Recommendation to approve Tourist Tax Category "B" funding to
support the National Youth Football Alliance Florida State
Championships November 27-29, 2015, up to $20,000 and make a
finding that this expenditure promotes tourism.
3) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively.
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2015-16 Adopted Budget.
5) Recommendation to acknowledge and approve the "HITS Triathlon
Series" event that will take place in Collier County on January 9th &
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November 10, 2015
10th, 2016, including evening hours, and approve Tourist Tax
Category "B" funding to support an upcoming FY Sports Event
Assistance Program and make a finding that this expenditure
promotes tourism.
6) Recommendation to allow the use of subcontractors as directed by the
awarded contractor, consistent with the recommendation of the Collier
Building Industry Association (CBIA).
G. AIRPORT AUTHORITY
1) Recommendation to accept Florida Department of Transportation
approval to reallocate funding within Supplemental Joint Participation
Agreement Number (FDOT Contract No. AR519) for Runway 9-27
Rehabilitation Construction at the Immokalee Regional Airport to
perform further safety enhancements to the Runway Visibility Zone
and authorize the necessary Budget Amendments. (Fiscal Impact
$10,466.24)
2) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of Joint Participation
Agreement Contract No. G0576 with the Florida Department of
Transportation to fund a fuel truck at Immokalee Regional Airport.
(Fiscal Impact: FDOT $144,000 and Collier County $36,000)
3) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of Joint Participation
Agreement Contract No. G0594 with the Florida Department of
Transportation to fund AvGas Fuel Farm Facility Enhancements
and two (2) Mobile Refueling trucks at Marco Island Executive
Airport. (Fiscal Impact: $288,000 FDOT and Collier County $72,000)
4) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of Joint Participation
Agreement Contract No. G0599 with the Florida Department of
Transportation to fund an Airport Automated Weather Observation
System (AWOS) at Immokalee Regional Airport, and authorize the
associated budget amendments. (Fiscal Impact: FDOT $108,000 and
Collier County $27,000)
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November 10, 2015
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint two members to the Radio Road East of
Santa Barbara Boulevard Advisory Committee.
2) Recommendation to reappoint a member to the Historical
Archaeological Preservation Board.
3) Recommendation to reappoint a member to the Vanderbilt Beach
Beautification MSTU Advisory Committee.
4) Recommendation to reappoint six members to the Development
Services Advisory Committee.
5) Recommendation to appoint a member to the Collier County Planning
Commission.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve the use of$10,000 from Confiscated
Trust Funds to support the Junior Deputies League, Inc.
2) Recommendation to authorize execution of the grant award for the
Collier County Sheriffs Office FY2016 VOCA grant award in the
amount of$131,681 and appropriate a budget amendment.
3) Recommendation to endorse the United States Department of Justice
and United States Department of Treasury combined Equitable
Sharing Agreement and Certification through September 30, 2016.
4) To record in the minutes of the Board of County Commissioners,
the check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
period between October 15 and October 28, 2015, pursuant to Florida
Statute 136.06.
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November 10,2015
K. COUNTY ATTORNEY
1) Recommendation to approve a Joint Motion and Final Judgment in the
amount of$9,000 for Parcel 217RDUE in the case styled Collier
County v. Eva Baldrich, et al., Case No. 14-CA-2701, now pending in
the Twentieth Judicial Circuit, Collier County, required for the
widening of Golden Gate Boulevard. (Project No. 60040) (Fiscal
Impact: $7,627)
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 an Ordinance of
the Board of County Commissioners of Collier County, Florida amending
Ordinance No. 2001-09, the Pine Ridge Center West Planned Unit
Development by adding 40,000 square feet of commercial uses for a total of
140,000 square feet of gross floor area and a parking structure up to 30 feet
in height; by increasing the maximum height of all other commercial areas
to four stories, or 50 feet; by allowing a portion of the preserve to be off-site;
by amending the master plan, and providing an effective date. The subject
property, consisting of 8.87+/- acres, is located south of Pine Ridge Road
and east of Livingston Road in Section 18, Township 49 South, Range 26
East, Collier County, Florida. [PUDA-PL20150000249]
B. Recommendation to adopt an Ordinance amending Chapter 74 of the
Collier County Code of Laws and Ordinances, which is the Collier County
Consolidated Impact Fee Ordinance, to provide for the incorporation by
reference of the Collier County School Impact Fee Update Study; amending
the Educational Facilities (School) Impact Fee Rate Schedule, which is
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November 10, 2015
Schedule Six of Appendix A; and providing for a phased, delayed effective
date, beginning on February 8, 2016, for the School Impact Fee rate
increases, in accordance with the notice period requirements of Section
163.31801(3)(d) Florida Statutes.
C. Recommendation to adopt an Ordinance amending Chapter 74 of Collier
County Code of Laws and Ordinances, which is the Collier County
Consolidated Impact Fee Ordinance, to provide for the incorporation by
reference of the Parks and Recreation Impact Fee Update Study; amending
the Parks and Recreation Impact Fee Rate Schedule, which is Schedule
Three of Appendix A; providing for an effective date of November 16, 2015,
for the Community Parks Impact Fee rates which are decreasing; and a
delayed effective date of February 8, 2016, for the Regional Park Impact Fee
rate increases, in accordance with the notice period requirements of Section
163.31801(3)(d) Florida Statutes.
D. This item continued from the October 13, 2015 BCC Meeting.
Recommendation to adopt an Ordinance amending Ordinance 97-82, as
amended, which created the Bayshore Beautification Municipal Service
Taxing Unit, to expand the district boundary to include County owned right-
of-way identified for the purpose of constructing pedestrian streetscape
improvements within the right-of-way along Thomasson Drive.
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2015-16 Adopted Budget.
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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November 10, 2015
November 10, 2015
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN NANCE: Ladies and gentlemen, good morning
and welcome to the Board of County Commission meeting of
November 10th, 2015.
At this time I would ask your cooperation to silence your devices,
to turn off various gongs, chimes, introductions to the Good, Bad and
the Ugly, to help us have an organized meeting.
COMMISSIONER TAYLOR: No pun intended.
CHAIRMAN NANCE: This morning's invocation will be given
to us by Reverend Dr. Bob Scudieri from the Peace Lutheran Church.
I would ask you at this time to please rise and remain standing for
the Pledge of Allegiance.
Item #1A
INVOCATION BY REVEREND BOB SCUDIERI FROM PEACE
LUTHERAN CHURCH — INVOCATION GIVEN
REVEREND SCUDIERI: Mr. Chairman, this is a notable day
because this is the 532nd birthday of Martin Luther. And representing
Peace Lutheran Church, I just wanted to make that point. Luther, some
say, was one of the originators of The Enlightenment, because he stood
before the emperor of the Holy Roman Empire and said that God's love
is greater than any sin or mistake of human beings.
I'd like to pray a prayer that Luther prayed for that emperor later
on. Let us begin.
0 Lord God, we thank you for farms in Collier County, for the
Collier County MedFlight, for Golisano Children's Museum, for the
Greater Naples Chamber of Commerce and for Rick Zyvoloski. We
thank you for the contributions they make our lives better lives in
Collier County.
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November 10, 2015
And Lord God, we pray on behalf of our Collier County
government leaders.
0, Father of all grace, preserve our rulers in their knowledge of
you and your pure word. May they know themselves to be in the midst
of wolves and surely not altogether free from dangerous influences,
especially in these evil and perilous times.
Guard them against all abuse of their authority. Since they can do
much good to many sad, forsaken and sinning souls, send your Spirit
upon them that they may accomplish many great things to the praise
and glory of your name. Amen.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN NANCE: Thank you.
Mr. Ochs, would you like to lead us through today's agenda
changes, please, sir?
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROBIDED 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
November 10th, 2015.
The first proposed change was to continue Item 11.0 to your next
board meeting. I've since had a conversation with Commissioner
Taylor this morning who had made that request and she has indicated
now that she's comfortable with hearing that item as scheduled on
today's agenda. And I'll just ask for confirmation from Commissioner
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November 10, 2015
Taylor, please.
COMMISSIONER TAYLOR: Yes, that's correct.
MR. OCHS: Thank you, ma'am.
The next proposed change is to withdraw Item 17.D. And that's a
staff request to continue -- excuse me, to withdraw that item.
We have one agenda note this morning, Commissioners. It's on
Item 16.H.1. There was a typographical error in the title on the index.
It's to appoint three members to the Radio Road East of Santa Barbara
Boulevard Advisory Committee, not two.
And we have a series of time certain items scheduled for this
morning. The first is Item 9.C, that's your Annual Update and
Inventory Report, to be heard at 9:45 a.m.
At 11 :00 a.m. you will hear Item 9.A, the Southbrooke Office
Subdistrict adoption hearing. That item, if approved, will be followed
immediately by Item 9.B, which is the Southbrooke CPUD zoning
classification.
And then finally at 11:30 you will hear Item 11.E regarding the
replanting of medians on the Radio Road East MSTU.
Also, Commissioners, a reminder for the public that public
comment on general topics not on the current or future agenda is to be
heard no sooner than 1:00 p.m. or at the conclusion of the agenda,
whichever occurs first.
That's all the changes I have, Mr. Chairman.
CHAIRMAN NANCE: Thank you very much.
At this time we will go to Commissioners for any further changes
to today's agenda and ex parte communication on today's regular
consent and summary agendas.
Commissioner Taylor?
COMMISSIONER TAYLOR: Yeah, you always start with me,
but that's okay. That's okay.
COMMISSIONER FIALA: That means you're almost the best.
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November 10, 2015
COMMISSIONER TAYLOR: Too much pressure.
I would like to pull for a vote 17.B and move it to the regular
agenda. It wasn't unanimous, and I would like the opportunity to vote
on that again.
I have some ex parte items. On 9.B I have received staff reports,
also meeting with staff and also a meeting with Wayne Arnold
regarding this -- the PUD. That would be 9.B.
And then on the summary agenda, 17.A, which is the Pine Ridge
Center West Planned Unit Development, again a staff report,
supplemental staff reports, a meeting with Bob Mulhere and Fred
Pezeshkan, and received a letter in support from Gary Tice, CEO of
First Integrity Bank.
That's it.
CHAIRMAN NANCE: Item 17.B, where are we going to put
that, Mr. Ochs?
MR. OCHS: That will be Item 9.F, sir.
CHAIRMAN NANCE: That will be Item 9.F.
Okay, Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you and good morning
everyone. It's nice to see everybody here today.
On our consent agenda I only have one item to declare, and that's
16.A.14. And I've had a meeting with Brian Cale on that. That's the
Isles of Collier Preserve.
And then on the summary agenda I have 17.A with whom I've
met Fred Pezeshkan, Bob Mulhere, and I had an email from Gary Tice,
and I've talked with staff about that.
CHAIRMAN NANCE: Thank you.
I have no further changes on today's regular agenda. I've read the
staff-- I have no disclosures except for the public hearing 9.B, which I
will discuss at that time.
On 17.A I read the staff report and the supplemental staff report,
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November 10, 2015
had meetings with Mr. Mulhere and Pezeshkan and a letter from First
Florida Integrity Bank.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you. My only disclosure is
the same as yours, Commissioner Nance, and as Commissioner Fiala's
for 17.A.
And I would like to just add at this point that I believe we have a
couple of people in the audience who want to thank us for our vote at
the last meeting. And Commissioner Nance, if you would allow them
to come up and --
CHAIRMAN NANCE: Yes, because of the circumstances I'll
allow them just a couple of minutes, because there's been so much
effort put into this project. So please, we could do that after the rest of
the commissioners address -- anything further ma'am? Any further
changes?
COMMISSIONER HILLER: No, nothing.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Good morning. I received an
•
email from Gary Tice on 17.A. That's it.
CHAIRMAN NANCE: Well, thank you.
At this time I would entertain a motion for the approval of today's
COMMISSIONER HILLER: Motion to approve.
CHAIRMAN NANCE: -- agenda as amended.
COMMISSIONER FIALA: And second.
CHAIRMAN NANCE: Motion and a second.
Any discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
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November 10, 2015
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right, it passes unanimously.
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Proposed Agenda Changes
Board of County Commissioners Meeting
November 10,2015
Continue Item 11C to the December 8,2015 BCC Meeting: Recommendation to approve the
award of RFP 15-6424,Management Services Contract for the Collier Area Transit(CAT)Fixed
Route and Paratransit Programs,to Medical Transportation Management,Inc.,d/b/a Southeast
MTM,Inc. (MTM) for Scheduling and Dispatch Services and to MV Transportation,Inc. for
Transit Operation Services. (Estimated annual amount$6,427,033). (Commissioner Taylor's
request)
Withdraw Item 17D: This item continued from the October 13,2015 BCC Meeting.
Recommendation to adopt an Ordinance amending Ordinance 97-82,as amended,which created
the Bayshore Beautification Municipal Service Taxing Unit,to expand the district boundary to
include County owned right-of-way identified for the purpose of constructing pedestrian
streetscape improvements within the right-of-way along Thomasson Drive. (Staffs request)
Note:
Item 16111 Agenda Index title should read: Recommendation to appoint two three members to
the Radio Road East of Santa Barbara Blvd.Advisory Committee. (Staffs request)
Time Certain Request:
Item 9C to be heard at 9:45 a.m.
Item 9A to be heard at 11:00 a.m.
Item 9B to be heard immediately following 9A
Item 11E to be heard at 11:30 a.m.
11/30/201512:21 PM
November 10, 2015
Item #2B
BCC REGULAR MEETING MINUTES FOR OCTOBER 13, 2015 —
APPROVED BY CONSENSUS
CHAIRMAN NANCE: Unless there's objection from
Commissioners, I will recommend that we approve the October 13th
regular meeting minutes by unanimous consent. Is there any objection
to that?
COMMISSIONER FIALA: None.
CHAIRMAN NANCE: Hearing none, we will declare that that is
approved by unanimous consent.
At this time let's hear comments on -- brief comments before we
move to proclamations and service awards.
In honor of tomorrow's Veteran's Day, I'm going to give you this
opportunity.
DR. LUX: Thank you very much, Commissioner. I'm Dr. Debi
Lux. I'm with Heather Corace, and we are both part of Collier County
Honor Flight. My husband and I started it.
We have been working really hard to get these banners for
recognition of our veterans yesterday and today. We'd really like to
thank you so much. We've already heard a lot of wonderful remarks,
and even from one of the veterans who is on the banner. And this is
veterans not only of World War II but veterans who are here serving
today.
I think we surprised one. Sheriff Rambosk actually surprised Jake
Walker who is a U.S. Marine. This year is Linda Pierre; she was killed
in action. She was in Immokalee. But we've also heard from one of
the gentlemen who said now he feels like he's finally been welcomed
home. So it really means a lot to those men and women. I just want to
thank you very much for the opportunity.
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November 10, 2015
(Applause.)
COMMISSIONER FIALA: And Debi, great job on the Honor
Flight the other day. It was wonderful, once again.
COMMISSIONER HILLER: Can I just say a couple words?
CHAIRMAN NANCE: Yes, Commissioner Hiller.
COMMISSIONER HILLER: Yeah, I want to thank you so
much. You guys have done an absolutely incredible job.
And what was unbelievable yesterday was that there were already
36 banners sold and hung, which is unbelievable. And there are only
50 spots.
DR. LUX: And we did that in eight days.
COMMISSIONER HILLER: In eight days. So thank you very,
very much. And I know all of the veterans appreciate what you have
done, especially in light of tomorrow. Thank you.
(Applause.)
CHAIRMAN NANCE: Mr. Ochs?
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT BOTH
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING NOVEMBER 22-28, 2015 AS
FARM CITY WEEK IN COLLIER COUNTY. ACCEPTED BY
STEPHANIE KISSINGER, 2015, CHAIR OF THE FARM CITY
BBQ AND REPRESENTATIVES FROM THE FOUR YOUTH
LEADERSHIP DEVELOPMENT PROGRAMS THAT BENEFIT
FROM THE PROCEEDS OF THE FARM CITY BBQ: COLLIER
COUNTY 4H ASSOCIATION, YOUTH LEADERSHIP COLLIER,
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November 10, 2015
COLLIER COUNTY JUNIOR DEPUTIES LEAGUE, AND KEY
CLUB INTERNATIONAL — ADOPTD
MR. OCHS: Yes, sir. Move now to proclamations. Item 4.A is a
proclamation designating November 22nd thru 28th, 2015 Farm City
Week in Collier County. To be accepted by Stephanie Kissinger, 2015
chair of the Farm City BBQ, and representatives of the four youth
leadership development programs benefiting from the proceeds of
Farm City BBQ: The Collier County 4-H Association, Youth
Leadership Collier, Collier County Junior Deputies League, and Key
Club International.
(Applause.)
COMMISSIONER FIALA: Just for everybody who wants to
know, I'm selling tickets. I know you bought one, you bought one.
COMMISSIONER HILLER: And Commissioner Fiala is also
serving.
COMMISSIONER FIALA: So are all of us.
COMMISSIONER HILLER: We're all serving.
COMMISSIONER TAYLOR: We are?
COMMISSIONER HILLER: Well, we are.
COMMISSIONER TAYLOR: You guys.
COMMISSIONER HILLER: We do. We always serve.
COMMISSIONER TAYLOR: We are?
COMMISSIONER HILLER: No, you don't have to. You can if
you want.
COMMISSIONER FIALA: And you have to buy a ticket to
serve.
(Applause.)
MS. KISSINGER: Commissioners, I have just a couple of quick
comments under strict instructions from Cindy Woolley, who is not
here today because she is at a conference, and this is her first miss of a
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November 10, 2015
Farm City proclamation in 14 years. So she is really bumming out not
to be here.
But she's instructed me to do a couple of things, and the first one
is to thank our cattle baron sponsors. We have enjoyed tremendous
support this year. We've got more than ever giving us hope for a
successful event, and that is Waste Management; Arthrex; Collier
Enterprises, Shula's Steakhouse, they're providing the steaks this year,
prime cut; Litman Produce; Naples Daily News; D'Latinos, Life in
Naples, First Florida Integrity Bank, Naples Lumber, Barron-Collier
Companies and Tamiami Ford.
And also I would like to let you know, this year marks the 60th
anniversary of this event. It's our diamond jubilee. We've got Casey
Weston coming to sing for us and entertain you all day. And this
year's hosts are the Collier County Junior Deputy League and the
Collier County Sheriffs Office.
And as has been customary, the proceeds benefit the 4-H Club,
Youth Leadership Collier, the Junior Deputies and the local Kiwanis
Key Clubs, which I know you're a member.
And I just want you to notice that as the host, the Junior Deputy
League is a prime example of where the fundraising and sponsorships
get returned to the community. Because we are helping them develop
their property and therefore they're hosting us this year, so it's great to
see those funds invested back into the community.
And so on behalf of the Farm City BBQ committee, we hope you
all come out on the 25th and serve and celebrate with us.
CHAIRMAN NANCE: Please tell us the date, the time and the
place.
MS. KISSINGER: Wednesday, November 25th, 11:30 a.m. at
the Collier County Junior Deputies Camp Discovery.
CHAIRMAN NANCE: And that is where?
MS. KISSINGER: It's off of Rattlesnake-Hammock and 951,
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November 10, 2015
right adjacent to the Swamp Buggy Park.
CHAIRMAN NANCE: There we go.
MS. KISSINGER: Okay.
CHAIRMAN NANCE: Thank you so very much.
MS. KISSINGER: You're welcome. I'll be sending you
directions. Thank you.
COMMISSIONER FIALA: It's a place to meet and greet. You
have every one of the elected officials there. All the -- like look at our
Sheriff smiling there. He's serving big time over there. And a lot of
his other people are there. You'll find it's a place to meet and greet.
All the bankers are there and the business owners and everything. It's
just a fun thing to do.
COMMISSIONER TAYLOR: Yeah, it's fun.
MS. KISSINGER: It is. And everybody comes as friends and
leaves as friends, and it's a great, fun, casual event. And wear your
boots.
CHAIRMAN NANCE: Thank you.
(Applause.)
Item #4B
PROCLAMATION HONORING THE WORK OF COLLIER
COUNTY MEDFLIGHT AND CELEBRATING ITS 40 YEARS OF
SERVICE TO COLLIER COUNTY. ACCEPTED BY COLLIER
COUNTY EMS CHIEF WALTER KOPKA — ADOPTED
MR. OCHS: Item 4.B is a proclamation honoring the work of
Collier County MedFlight and celebrating its 40 years of service to
Collier County. To be accepted by Collier County EMS Chief Walter
Kopka and our outstanding MedFlight team.
(Applause.)
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November 10, 2015
CHIEF KOPKA: Good morning, Mr. Chairman and
Commissioners. Thank you for supporting this proclamation.
As you know, Collier County is a vast county spreading out over
2,000 square miles. And unfortunately bad accidents occur that
critically injure hundreds of patients each year in Collier County.
These patients need rapid transport to a local trauma center in Fort
Myers.
The MedFlight team that does this consists of flight medics that
are trained to work in close quarters of a helicopter, experienced pilots
that fly the MedFlight helicopter in adverse conditions at speeds of
nearly 150 miles per hour, and mechanics that meticulously maintain
in a safe working condition.
This is a team of individuals that are dedicated to safety and
patient care and they should be commended for their hard work.
I will not forget the support team, Len Price, Dan Summers,
County Manager, County Attorney and of course the Board of County
Commissioners, and without your support they could not do the job
they do of saving lives. Thank you.
MR. OCHS: Chief, you may want to remind the Board of the
open house event.
CHIEF KOPKA: Yes, thank you very much.
Yes, there is open house on Saturday at 11:00 a.m. at the
MedFlight headquarters on Tower Drive, Saturday from 11 :00 a.m. to
2:00 p.m. Please come out, touch, feel, play, talk with the staff that
work the MedFlight helicopter and see it close up.
COMMISSIONER FIALA: On Tower Drive where the old
Comcast building was?
CHIEF KOPKA: No, ma'am, off-- North Road.
COMMISSIONER FIALA: Oh, on North Road.
CHIEF KOPKA: Just past the terminal entrance off North Road.
MR. OCHS: We sent you all an invite and a map so you'll have
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November 10, 2015
direction.
CHIEF KOPKA: Thank you.
MR. OCHS: Or you can come and have the helicopter pick you
up if you need.
COMMISSIONER FIALA: I'll just wait in my front yard.
MR. OCHS: Mr. Chairman, if I could get a motion to approve
today's proclamations, please?
COMMISSIONER FIALA: Motion to approve today's
proclamations.
CHAIRMAN NANCE: Second.
There's a motion and a second.
Any discussion?
(No response.)
CHAIRMAN NANCE: All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: The proclamations are unanimously
approved. Thank you.
Item #5A
PRESENTATION OF COLLIER COUNTY BUSINESS OF THE
MONTH FOR NOVEMBER 2015 TO THE GOLISANO
CHILDREN'S MUSEUM OF NAPLES. ACCEPTED BY KARYSIA
DEMAREST, EXECUTIVE DIRECTOR, GOLISANO CHILDREN'S
MUSEUM OF NAPLES; TERESA STOHS, MAJOR GIFTS
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November 10, 2015
OFFICER, GOLISANO CHILDREN'S MUSEUM OF NAPLES;
KRISTI BARTLETT, VICE PRESIDENT, OPPORTUNITY
NAPLES, THE GREATER NAPLES CHAMBER OF COMMERCE;
AND ASHLEY PORRARO, ACCOUNT EXECUTIVE, GREATER
NAPLES CHAMBER OF COMMERCE — APPROVED
MR. OCHS: Takes us to Item 5 on our agenda, presentations.
Item 5.A is a presentation of the Collier County Business of the
Month for November, 2015 to the Golisano Children's Museum of
Naples. To be accepted by Karysia Demarest, Executive Director,
Golisano Children's Museum of Naples; Teresa Stohs, Major Gifts
Officer; Golisano board members Tom Wagner, Cathy Singleton, John
and Ally Loos; and Kristi Bartlett, Vice President of Opportunity
Naples with the Greater Naples Chambers of Commerce; and Ashley
Porraro, Account Executive with the Greater Naples Chamber of
Commerce. If you'd please step forward and be recognized.
(Applause.)
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Yes, I really want to point out what
an exemplary partnership the county has had with the Board and the
staff of the Golisano Children's Museum. That museum is a real
example of a public-private partnership. The county has leased the land
to the museum at zero cost and the museum in turn built the museum
100 percent with privately raised funds, and has been operating the
museum for the benefit of this community privately.
It's absolutely fantastic. We never as Collier County government
could have afforded to build a museum for our children to the caliber
that this group built for our community. So we owe them a debt of
gratitude.
The children are grateful, the parents are grateful and we on the
Board are grateful for all you have done. Thank you.
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November 10, 2015
(Applause.)
COMMISSIONER HILLER: And they're in my district. They're
in my district, just in case you were wondering, so I'm really super
proud of them.
Item #5B
RECOGNITION OF COUNTY EMPLOYEE RICK ZYVOLOSKI,
EMERGENCY MANAGEMENT COORDINATOR, BUREAU OF
EMERGENCY SERVICES, FOR BEING A WINNER OF A 2015
DISTINGUISHED PUBLIC SERVICE AWARD BESTOWED BY
THE GREATER NAPLES CHAMBER OF COMMERCE IN
ASSOCIATION WITH NAPLES DAILY NEWS — APPROVED
MR. OCHS: Item 5.B is a recognition of County Employee Rick
Zyvoloski, Emergency Management Coordinator, with our Bureau of
Emergency Services, for being a winner of 2015 Distinguished Public
Service Award bestowed by the Greater Naples Chamber of
Commerce, in association with the Naples Daily News.
Rick, please step forward and be recognized.
(Applause.)
MR. OCHS: Rick, stay right there, Dan's going to embarrass you.
MR. SUMMERS: Embarrass you just a little bit.
You know, there are -- for the record, Dan Summers, Director of
the Bureau of Emergency Services.
You know, there are TV shows out there that are all manlike, you
know, like Gold Rush, you know, with that intensive plot. You dig dirt
and you go and find gold and you go back the next day and you dig
dirt. Well, one of the bylines in all these stories is the heavy
equipment and the heavy lifting and the big diesel engine.
This is our diesel engine that keeps Emergency Management
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November 10, 2015
moving so strong, plowing forward. Rick is always on guard with us
as kind of our watch officer, paying attention to not only the weather
trends and the activities, but paying attention to what's going on in our
world with FEMA regulation, documentation, accreditation activities.
Rick also mentors a lot of folks for the Florida Preparedness,
Emergency Preparedness Association for their certification. So Rick is
that diesel engine that's running in the background full-time keeping us
on top of things and keeping the staff squared away.
And I don't want to take -- I want to embarrass Rick just a little
bit more and mention a little about the entire team as we approach
Veteran's Day.
Greg Fisher in our organization -- stand up, Greg. Greg is from --
retired from the Navy. Rick of course retired from the Air Force.
From the Army, Maxx Bernier. Maxx, stand up.
And Christine Adler, our operations analyst working with us on
accreditation, just retired from the United States Coast Guard.
So I'm blessed not only to have that military environment folks to
keep things moving, but I've got a great diesel machine here as well.
Thank you very much. Well done, Rick.
(Applause.)
MR. OCHS: Thank you, Rick.
Mr. Chairman, that takes us to Item 6 on your agenda this
morning, public petitions.
MR. KLATZKOW: You want a motion to approve?
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion and a second.
Any discussion?
COMMISSIONER HENNING: What are we approving?
CHAIRMAN NANCE: I don't know.
MR. KLATZKOW: The presentations.
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November 10, 2015
MR. OCHS: Usually you approve the proclamations, but --
CHAIRMAN NANCE: We'll approve all the presentations too
and the awards and the recognition.
All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Thank you.
Item #6A
PUBLIC PETITION REQUEST FROM AUDREY TEZYK
REQUESTING THE ESTABLISHMENT OF THE KEAN COURT
MUNICIPAL SERVICE BENEFIT UNIT (MSBU) AND
MUNICIPAL SERVICE TAXING UNIT (MSTU). THE PURPOSE
OF THE MSBU WOULD BE TO PERFORM A ONE-TIME
UPGRADE TO KEAN COURT AND THE PURPOSE OF THE
MSTU WOULD BE TO MAINTAIN THE UPGRADED KEAN
COURT — STAFF TO WORK WITH THE COUNTY ATTORNEY'S
OFFICE TO IDENTIFY NEEDS, REVIEW INFORMATION AND
BRING BACK POLICY AND RECOMMENDATIONS TO THE
BOARD AT A FUTURE MEETING — CONSENSUS
MR. OCHS: Item 6.A is a public petition request from Audrey
Tezyk, requesting the establishment of the Kean Court Municipal
Service Benefit Unit and Municipal Service Taxing Unit.
The purpose of the MSBU would be to perform a one-time
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November 10, 2015
upgrade to Kean Court. And the purpose of the MSTU would be to
maintain the upgraded Kean Court.
Ms. Tezyk, if you'd step forward, please.
MS. TEZYK: Good morning, everyone, and thank you for
allowing me to speak with you today. I'm Audrey Tezyk and I'm here
as a representative of the Home and Property Owners of Kean Court.
I know you all have become familiar with the road conditions in
our area. You've previously heard from Jennifer Wallace who
represented the owners of Birdsong Lane properties.
We who own properties on Kean Court have the same concerns
as the Birdsong Lane owners have voiced, and also Della Drive, but
not to the extent that Della Drive has problems.
Our road has been deemed passable by Assistant Fire Chief Sapp,
but we feel that our safety and well-being is compromised and the
maintenance of our vehicles, dust and dirt in our homes, is all
compromised by the poor road conditions.
The only reason we feel that Kean Court is passable is through the
efforts of some of our neighbors who have gotten together and done
repairs as best as they can. They have bought crushed roadways and
put them down and filled our potholes and tamped them down as best
they could, but we all know that those are temporary repairs at best.
We feel the need for a more permanent solution to our road conditions.
Kean Court is comprised of 30 properties. However, two of those
front on and have access on Brantley Boulevard, rather than on Kean
Court. One of the two does access the rear of his property from Kean
Court. So there's actually 28 properties that front Kean. 16 of those
are homes, 12 are empty lots.
We have signed and validated petitions from 15 property owners
requesting the formation of the MSBU to perform a one-time upgrade
to Kean Court, and an MSTU to maintain the road once it's been
upgraded.
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November 10, 2015
Of the 16 homes on Kean Court, only nine of those are owner
occupied, and eight of those nine owners have signed petitions. The
remaining seven homes are either rental properties or lived in by
relatives of the owners. And five of those seven have signed.
The remaining properties are empty lots. We have -- we were
unable to locate one owner. But in conversation with the Appraiser's
Office I discovered that that particular owner hasn't paid the taxes in
years and the assessor's -- Appraiser's office also cannot find these
people. So we only have two signed petitions from lot owners. But
they -- we feel like their interest is not as imminent as ours.
You can see that those of us -- from our petitions that those of us
who actually maintain our properties and live on Kean Court, use it on
a daily basis, really have an interest in the safety and road conditions,
and we support the MSBU/MSTU formation.
So we request -- we respectfully request your approval for the
formation of the MSBU and MSTU to upgrade and maintain Kean
Court.
We ask that you prepare the necessary ordinances and resolutions
required and request that you advertise the formation as required as
well. And we would like that you would please revisit this request at
your meeting in December. Thank you so much for your time.
CHAIRMAN NANCE: Thank you very much.
I'm going to make a couple of comments and then I'm going to go
to Commissioner Henning.
There are literally hundreds of circumstances such as this one
across Collier County. There are a great many of them in my district,
which is District 5. There are also private roads that have difficulty
being maintained in other districts, most notably Commissioner Fiala's
district. So this situation and this problem of maintaining these roads
is fraught with both public issues and private issues. It defies a simple
fix. And I think it's going to require the identification of all the
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November 10, 2015
different glitches, interests and issues on both the public side and the
private side before the Board can come to grips with this. It's -- it is as
conundrum.
I'll have some more to say, but I want to hear what Commissioner
Henning has to say.
Commissioner Henning, please.
COMMISSIONER HENNING: Good morning. In our backup
material there's 30 property owners --
MS. TEZYK: That's correct, sir.
COMMISSIONER HENNING: -- on Kean. And there are 15
who signed the petition.
MS. TEZYK: Yes, sir.
CHAIRMAN NANCE: Okay. Our policy is you have to have a
majority.
MS. TEZYK: Yes, sir.
COMMISSIONER HILLER: 50 percent, right? The statute
provides for 50 percent.
COMMISSIONER HENNING: Actually it's a local policy. It's
not statute.
COMMISSIONER HILLER: I thought there was a statutory --
COMMISSIONER HENNING: The statute says we cannot
improve private property.
MS. ARNOLD: It's 50 -- for the record, Michelle Arnold, Public
Transit, Neighborhood Enhancement Division Director.
The requirement is a 50 percent plus one to form an MSTU or an
MSBU.
COMMISSIONER HENNING: So there's not a majority then.
MS. ARNOLD: Well, if there's 30 and there was only 15, that's
only 50 percent.
MS. TEZYK: My understanding, Commissioner Henning, is
that's a policy and not statute.
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November 10, 2015
COMMISSIONER HENNING: It is, it's a board policy. And
even if it was a statute it doesn't mean that we have to follow it
anyways. But it seems like it's the norm.
But is the citizens that are in favor of it understand it needs to
come up to -- in order to create the MSTU and in order for the county
to improve it, or maintain it, it has to come up to county standards?
That means you're going to have to have swales, culverts. I don't know
if they're there.
MS. TEZYK: They're not.
COMMISSIONER HENNING: Yeah.
And it has to be deeded over to the county.
MS. TEZYK: We understand that.
COMMISSIONER HENNING: You understand that, yeah.
MS. TEZYK: Yes, sir.
COMMISSIONER HENNING: Is there any way you can get one
more signature so we don't have to deviate from our policy?
MS. TEZYK: We're still trying. I honestly don't have the
answer. I don't know.
COMMISSIONER HENNING: I just think it's premature.
CHAIRMAN NANCE: Yes, Commissioner Henning has given
us a lot of guidance on this. On some occasions we've disagreed, but I
believe Commissioner Henning and I are in agreement that we have to
come to grips with both the public and the private elements of this.
I'm going to make a request that staff do something for the Board
and that is to review and identify all the various issues again and to
bring back some policy recommendations in an orderly fashion so all
the Commissioners understand what the elements are. And also
individuals like Ms. Tezyk that come before us can clearly understand
what their responsibilities are if the Board is to approve such a request.
And I don't think we have that wrapped in a nice package at this time.
So I'm going to make that personal request if-- I'm seeing nods
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November 10, 2015
from other Commissioners.
COMMISSIONER HENNING: Also, there's legal issues with
that, so you need to have the County Attorney involved in that so the
Board understands, and the public understands.
CHAIRMAN NANCE: I agree, Commissioner Henning. I think
that's appropriate.
Could -- Mr. Ochs, could you work together with Mr. Klatzkow
and put together a package of just identifying the decision issues and
bringing back some options to the Board, perhaps?
MR. OCHS: Yes, sir.
CHAIRMAN NANCE: Thank you. Do I have the nods to do
that?
COMMISSIONER HENNING: Yeah.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, Jeff, you were going to say
something and then I was going to comment.
MR. KLATZKOW: Our normal rule is that you need a majority
plus one in order to create an MSTU. The problem here is that you've
got a private road. You would need 100 percent of these people to
agree to create this MSTU.
COMMISSIONER HENNING: MSBU?
MR. KLATZKOW: MSTU, MSBU, however we want to
structure it. A BU would be assessments to the property; TU would be
tax increments over the years. What we usually do is a function of
both on this, first to get the road quickly up to standards we use the
benefit, and then to keep it we'll use the tax.
So you've got significant legal issues here, but they'll be
addressed in the report that Mr. Ochs and I will bring back to the
Board. Because you have a general overall county issue with this.
Now this is not the emergency situation.
CHAIRMAN NANCE: No, sir.
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November 10, 2015
MR. KLATZKOW: For an emergency situation we have a policy
in place. I believe that policy is lawful. But this is a question of
people wanting to improve existing dirt roads. You've got significant
legal barriers to that.
CHAIRMAN NANCE: Okay, thank you very much.
Commissioner Fiala?
COMMISSIONER FIALA: Just a question. If a road is pretty --
in pretty bad shape but they don't want to make it a road that they give
to the county but they just want it resurfaced every so often or
maintained, is that another phase that they could attempt to do or is that
not even possible?
MR. KLATZKOW: There are private roads and there are public
roads. Generally what we've done is once a road gets to county
standards, the county will take it over and then the county will
maintain.
But the problem is the county has to have a legal right to all the
road, either through easement or by ownership outright and fee. It
can't be piecemeal, we own 60 percent of the road here and 70 percent
of the road. It's got to be the entire road.
COMMISSIONER FIALA: No, I just meant did you have to go
the whole way with the swales in the road and everything or is there a
way to just overlay it?
MR. KLATZKOW: Ultimately that's going to be Board policy.
Your policy over the years is to bring these things up to county
standards, then we accept that road and then we would maintain that
road. But this is Board policy.
CHAIRMAN NANCE: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: Mr. Klatzkow, there's nothing to
stop the ownership or the residents who want some improvement on
the road of doing it themselves; is that correct?
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November 10, 2015
MR. KLATZKOW: They've been doing it that way for decades.
They've been maintaining their own roads, their own private roads for
decades in this county. There's nothing stopping them.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN NANCE: And Commissioner Taylor, that's what I
do on the road that goes to my house. It's a mile of personally private
maintained road, and they're all incarnations.
I want to thank Ms. Tezyk for bringing this forward, ma'am. I
will ask you to continue to work with Ms. Arnold and Mr. Sells and
keep up to date on that, and thank you for the Commission's
willingness to engage this issue again, it's a very difficult one. Thank
you.
MS. TEZYK: Yes, sir, thank you very much for your time today.
Item #11A
RECOMMENDATION TO AWARD BID #15-6506, "MPS 303 &
304 REHABILITATION," TO DOUGLAS N. HIGGINS, INC., IN
THE AMOUNT OF $3,041,579 UNDER MASTER PUMP STATION
TECHNICAL SUPPORT PROJECT NUMBER 70050 — APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 11.A, County
Manager's Report. Item 11.A is a recommendation to award bid
number 15-6506 in the amount of$3,041,579 under your master pump
station technical project. And Mr. Chmelik from your Public Utilities
Division will make the presentation.
CHAIRMAN NANCE: I make a motion for approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: There's a motion and a second.
Discussion by board members?
COMMISSIONER FIALA: I just had a question, if I could.
Page 25
November 10, 2015
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, in here we were talking about --
this thing has been in risk compliance for a while, red level, and we are
going to fix it. And we usually have a 12-year useful life; is that
correct?
MR. CHMELIK: Yes, Commissioner. Tom Chmelik for the
record.
Various components have different useful lives and they range
from 12 to 24 years on this project for two master pump stations.
COMMISSIONER FIALA: So when we do this one now, this
one's already 24 years old, it's a little past its --
MR. CHMELIK: Yes.
COMMISSIONER FIALA: -- useful life, isn't it?
MR. CHMELIK: Yes.
COMMISSIONER FIALA: So it definitely has to be done. And
I'm in total agreement. I just have these questions.
So are we now bringing it to 12-year useful life now?
MR. CHMELIK: Depending on the type of component.
Electrical components will be 12 years as their normal useful lives, and
larger motors, generators and structures, in the 24, even the 50-year
range in some cases.
COMMISSIONER FIALA: Thank you. I know I read that
someplace in here, but -- oh, yeah, 12 years electrical and controls and
pumps.
I just wanted to know, do we ever bring it all up to 12 year or all
up to 24 year, or is that the difference in the mechanisms to these
different parts of it?
MR. CHMELIK: It's a function of the difference of the different
types of mechanisms and useful lives, yes.
COMMISSIONER FIALA: Thank you.
MR. CHMELIK: Very good.
Page 26
November 10, 2015
CHAIRMAN NANCE: Further comments?
(No response.)
CHAIRMAN NANCE: Hearing none, there's a motion and a
second. All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
CHAIRMAN NANCE: It passes unanimously.
Item #11B
RECOMMENDATION TO APPROVE A $337,000 WORK ORDER
WITH HOLE MONTES, INC., UNDER CONTRACT #14-6345,
CONSTRUCTION ENGINEERING AND INSPECTION SERVICES
FOR MASTER PUMP STATIONS 303 & 304 REHABILITATION
PROJECT NO. 70050 — APPROVED
MR. OCHS: Commissioners, 11.B is also Mr. Chmelik's
item. This is a recommendation to approve a $337,000 work order to
Hole-Montes, Incorporated for construction engineering and inspection
services for the rehab projects on master pump stations 303 and 304.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN NANCE: There's a motion to approve.
I will second that for discussion.
Commissioner Henning?
COMMISSIONER HENNING: Thank you.
Why is this on the regular agenda?
Page 27
November 10, 2015
COMMISSIONER HILLER: I asked the same question.
MR. CHMELIK: Just because it's a companion item to the
previous 11.A that we just discussed. Just to show the --
COMMISSIONER HENNING: So is that the new policy, we're
going to bring all companion items to the regular agenda?
MR. OCHS: No, sir, we were -- just in an abundance of caution.
If for whatever reason the Board would have not approved 11.A, there
would have been no reason to move forward with 11.B. And if we left
it on consent you would have approved it before you heard 11.A. So
it's --
CHAIRMAN NANCE: It would be like Congress.
MR. OCHS: Yes, sir, yes.
CHAIRMAN NANCE: Approve it to see what's in it.
MR. OCHS: There you go. So that's the rationale,
Commissioner.
COMMISSIONER HENNING: Thank you for that explanation.
CHAIRMAN NANCE: All right, there's a motion and a second.
Further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
CHAIRMAN NANCE: All right, we passed that unanimously as
well.
MR. CHMELIK: Thank you, Commissioners.
Page 28
November 10, 2015
CHAIRMAN NANCE: Steaming right along, Mr. Ochs.
Item #11D
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS (BOARD) WAIVES COMPETITION AND
APPROVES A SOFTWARE MAINTENANCE AGREEMENT FOR
A 5-YEAR PERIOD FOR A TOTAL AMOUNT OF $1,221,995.02
WITH N. HARRIS COMPUTER CORPORATION FOR THE
CITYVIEW BUILDING PERMITTING AND LAND USE
SOFTWARE APPLICATION — APPROVED
MR. OCHS: Yes, sir, I think we can get in 11.D before your 9:45
time certain, Commissioners.
That item is a recommendation that the Board of County -- no,
Michele, we're going to take Jamie's item, please.
11.D is a recommendation that the Board of County
Commissioners waives competition and approves the software
maintenance agreement for a five-year period for a total amount of
$1,221,995.02 with N. Harris Computer Corporation for the CityView
building permitting and land use software application.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion to approve and a
second.
Comments by commissioners?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
Page 29
November 10, 2015
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
CHAIRMAN NANCE: It passes unanimously.
I hear nothing but great things about this CityView.
COMMISSIONER TAYLOR: I think it's a good business though
to find someone else to repair what they do or to replace what they do;
is that correct? I mean, it's a sole source.
MR. FRENCH: We've made a number of custom modifications.
So much so that it's all proprietary software. So unfortunately our
licensing is tied right to the maintenance contract.
COMMISSIONER TAYLOR: It's a good business.
CHAIRMAN NANCE: All right, thank you.
MR. OCHS: That's probably not atypical, Commissioner, for
these large --
COMMISSIONER TAYLOR: Oh, I'm sure.
MR. OCHS: Our SAP systems and others are similar in that --
COMMISSIONER TAYLOR: Well, with a 10,000-foot view
about 20 years from now we're going to look back and say, come on,
guys, why are you doing -- you know, we can do something different.
It's interesting how it's evolving.
MR. OCHS: Yes, ma'am.
All right --
COMMISSIONER FIALA: We're streaking right along here.
COMMISSIONER TAYLOR: Don't jinx that.
MR. OCHS: Commissioners, I've got to ask the County Attorney
whether we have to wait until the afternoon to hear the item that was
pulled from the consent agenda 9.F that was previously 17.B?
MR. KLATZKOW: No, we don't have to wait.
Page 30
November 10, 2015
MR. OCHS: Mr. Chairman, would you like to take it now?
CHAIRMAN NANCE: Yes, let's do that, please, sir.
Item #9F
ORDINANCE 2015-60: RECOMMENDATION TO ADOPT AN
ORDINANCE AMENDING CHAPTER 74 OF COLLIER COUNTY
CODE OF LAWS AND ORDINANCES, WHICH IS THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, TO
PROVIDE FOR INCORPORATION BY REFERENCE OF THE
COLLIER COUNTY SCHOOL IMPACT FEE UPDATE STUDY;
AMENDING THE EDUCATIONAL FACILITIES (SCHOOL)
IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE SIX OF
APPENDIX A; AND PROVIDING FOR A PHASED, DELAYED
EFFECTIVE DATE, BEGINNING ON FEBRUARY 8, 2016, FOR
SCHOOL IMPACT FEE RATE INCREASES, IN ACCORDANCE
WITH THE NOTICE PERIOD REQUIREMENTS OF SECTION
163.31801(3)(D) FLORIDA STATUTES — ADOPTED
MR. OCHS: Okay, Item 9.F was previously 17.B on your
summary agenda, and this is a recommendation to adopt the new
education facilities impact fee rate schedule and begin the new rates
effective February 8th, 2016 for the school impact fee rate increases in
accordance with the notice period requirements and Florida statutes.
And Amy Patterson is available to present or to respond to
questions.
CHAIRMAN NANCE: Commissioner Taylor, you pulled it.
COMMISSIONER TAYLOR: Ms. Patterson, I just want to be
very clear that the consultant that developed the schedule for the
increased impact fees was our -- was hired by Collier County.
MS. PATTERSON: That is -- Amy Patterson, for the record.
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November 10, 2015
That is correct.
COMMISSIONER TAYLOR: And that the decision by the
school board was after, I think I heard, a morning or an afternoon of
discussion, intense discussion. You were there, probably.
MS. PATTERSON: The item went to the school board two
times: Once for information at a night meeting, and then it came back
again at a regular meeting for their vote in May.
COMMISSIONER TAYLOR: And it was unanimous at the
school board?
MS. PATTERSON: With one abstention, yes.
COMMISSIONER TAYLOR: And then it's my understanding
that the School Board has never come before the Commission when
impact fees -- a discussion of impact fees of course related to the
school have come up, no School Board member or staff member has
ever been here.
MS. PATTERSON: Not of the recent studies. In 2006 I believe
there was a school board member that attended the meeting, but it was
only to ask for more time, not to make a recommendation.
COMMISSIONER TAYLOR: All right, thank you very much.
MS. PATTERSON: You're welcome.
CHAIRMAN NANCE: Mr. Miller, we have public speakers, sir?
MR. MILLER: Yes, sir, I have two registered speakers. Your
first speaker is Patrick Neale. He will be followed by Tina Matte.
MR. NEALE: Good morning, Commissioners. Thank you for
moving us up on the agenda, we appreciate that.
Really just reiterating, I'm here representing the Collier Building
Industry Association.
And really reiterating what we had said when you voted
previously is that we -- you know, because of the recommendations of
the Development Services Advisory Committee, we disagree with the
full amount proposed, that the increase of$8,517 be implemented over
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November 10, 2015
a phased-in period, just as you had approved at your last meeting.
So we certainly continue to support the vote that you took last
time and would hope you do the same this time.
CHAIRMAN NANCE: Commissioner Taylor, then
Commissioner Fiala.
COMMISSIONER TAYLOR: Yeah. Mr. Neale, if-- and I'm
assuming it's the reduced impact fees are going to be approved by this
Board. Do you have any idea how the school board is going to pay for
a budget that was based on their impact fees?
MR. NEALE: I have no idea. I don't represent the school board
nor anybody but the building industry.
COMMISSIONER TAYLOR: Chances are they're going to raise
our taxes.
MR. NEALE: I have no idea.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN NANCE: Commissioner Fiala, do you have a
question?
COMMISSIONER FIALA: No, I'd like to listen to Tina Matte
first and then I'll make my comment. Thank you.
MR. MILLER: Your final speaker on this item is Tina Matte.
MS. MATTE: Good morning, Mr. Chairman and
Commissioners. Thanks for having us here again today.
I just wanted to reiterate my comments from the first vote on this
issue. The economic recovery in this community is still very, very
fragile. We're seeing a slowdown in the market and every thousand
dollars that we add on to a price of a home keeps hundreds of people
from having that affordability. We just don't have the option now to --
this market really can't take that kind of increase.
So I think the moderate approach that you approved last time is
really a reasonable compromise and will help ensure that the industry
and our community and our economy can continue to recover. Thank
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November 10, 2015
you.
CHAIRMAN NANCE: Thank you.
Before I go to Commissioner Fiala, as those of you paying
attention to this item are aware, that I was in the minority on this, and
today we are not rehearing the school impact issue, and unless there is
a commissioner here that wants to reconsider the item, which there's
been no indication that's the case --
MR. KLATZKOW: This is not a reconsideration. You're voting
on an ordinance.
CHAIRMAN NANCE: We're voting -- I see no reason not to
adopt the ordinance.
So I'm going to make a motion to approve it.
COMMISSIONER FIALA: Second. That's what I was going to
do.
CHAIRMAN NANCE: Okay, there's a motion and a second.
We'll go to Commissioner Fiala.
COMMISSIONER FIALA: Okay, fine. And I think that we
discussed it thoroughly the last time we met.
And the school board did mention that they weren't planning on
building any schools now for the next five years and they have been
accumulating their impact fees over the last, I don't know, six years or
so. So I feel that we haven't hurt them any.
And by phasing it over a three-year period incrementally, I think
everybody can live with that, especially since the building industry is
recovering now, but they're going to need that time to catch up. So I
appreciate your motion. I certainly second it.
CHAIRMAN NANCE: Okay, there's a motion and a second.
Any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor of
adopting the ordinance signify by saying aye.
Page 34
November 10, 2015
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed?
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN NANCE: Commissioner Taylor is in dissent, so it
passes 4-1.
Item #9C
ORDINANCE 2015-61: RECOMMENDATION TO REVIEW AND
APPROVE THE 2015 COMBINED ANNUAL UPDATE AND
INVENTORY REPORT (AUIR) ON PUBLIC FACILITIES AND
CAPITAL IMPROVEMENTS ELEMENT (CIE) AMENDMENT AS
PROVIDED FOR IN CHAPTER 6.02.02 OF COLLIER COUNTY
LAND DEVELOPMENT CODE AND SECTION 163.3177(3)(B),
FLORIDA STATUTES AND AN ORDINANCE THAT UPDATES
5-YEAR CAPITAL IMPROVEMENT SCHEDULES — MOTION
TO APPROVE STAFF RECOMMENDATION #1 — APPROVED;
MOTION TO APPROVE STAFF RECOMMENDATION #3 —
APPROVED; MOTION TO APPROVE STAFF
RECOMMENDATION #4 — APPROVED; MOTION TO APPROVE
STAFF RECOMMENDATION #2 AND DIRECTING STAFF TO
BRING BACK MORE OPTIONS AND BUDGET GUIDANCE —
APPROVED — ADOPTED
MR. OCHS: Commissioners, that takes us to your 9:45 a.m. time
certain hearing this morning. That is Item 9.0 on your agenda. It's a
recommendation to review and approve the 2015 Combined Annual
Update and Inventory Report on public facilities and the five-year
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November 10, 2015
Capital Improvement Program.
Mr. Bosi will begin the presentation.
MR. BOSI: Good morning, Commissioners. Mike Bosi, Director
of Planning and Zoning.
As we heard a couple references, this AUIR/CIE is also a
component of economic development. It's also a component of overall
satisfaction amongst the county's residents and is involving how we
expand our infrastructure and our services to maintain levels of
service, in correspondence, in relationship to the growth in the
population that we have added.
The AUIR is the Annual Update and Inventory Report. It's the
annual one-year snapshot of time that projects needs and required
improvements for all infrastructure and service providers against a
level of service.
It should be noticed this snapshot changes as the changes in
demand equations change. Basically it looks at our levels of service,
what our standards are for our various components of infrastructure
and services, and looks at the population growth that we expect over
the next five years and we see what improvements are needed to
maintain those levels of service.
It's broken up into actually three categories. This slide has only
category A and category B. Category A are those ones that we
consider the concurrency: Facilities, roads, drainage, potable water,
wastewater, solid waste, parks and recreation and schools. And
category B are your non-concurrency facilities: Jails, law enforcement,
libraries, medical service, government buildings and the two dependent
fire districts, Ochopee and Isles of Capris.
Category C is your beach and inlets. It's non-concurrency as well.
But there was a recently added component and it's a third component.
No impact fees are associated with it, but it is a component and a direct
recipient of some of the tourism tax dollars as well.
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November 10, 2015
How do we project growth within the county within these
documents? Basically our policy within our capital improvement
element says population estimates shall be based upon the most recent
population bulletin from the Florida Bureau of Economic and Business
Research, BEBR. We've become very familiar with that acronym.
They provide the growth that we receive.
And then we also have a seasonal population increase. We take
the BEBR medium range population projections and we adjust that for
the seasonal population. That level is set at 20 percent above our
permanent population. We base that upon increases within our trip
counts, within our road systems, within the hotel and motel occupancy
rates, within the utility demand equations. They help determine that
20 percent is the appropriate rate to utilize for the extra demand that
our road systems and that our infrastructures going to be applied in
February, January and March.
And how do we determine the amount of improvement? And it's
a simple math equation for the majority of it. A good example is
library buildings. Library buildings over these next five years within
the AUIR/CIE, we expect 31,581 people for that five-year people. We
have a level of service we adopted as a community. We said .33
square feet is what we want as a library level of service.
So we multiply that population against the .33 square feet and that
gives you a determination of how much square footage you would
utilize.
Now, the one thing I would say, that library buildings are good
for the next 12 years. We've got an additional -- with construction of
the south library, we have additional capacity to be able to
accommodate, so there are no proposals. But I utilized it just because
it's a direct example of how we determine how much to build.
Transportation and public utilities are much more sophisticated in
terms of what they utilize to make those determinations.
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November 10, 2015
Transportation is using actual trip counts at the various road stations,
as well as some other methodologies. And utilities, from Board
direction, provides for not only demand usage but also an extra factor
because we realize how important it is to make sure that we can flush
those toilets and there's water that's coming out of the faucet when we
demand it.
Any other reasons for the AUIR? It establishes the rational -- in
the item we had just heard, it establishes the rational nexus for the
impact fees in both of the categories. It also gives an approximation of
revenue over the one-year period against the expenditures for the
proposed improvements.
So the AUIR/CIE has a direct relationship to your upcoming
February, March activities that gets you ready for your budget, and as
the budget influences the AUIR. So this is the autumn update towards
the projects that are going to be needed, where the revenue dollars are
going to be demanded, and it sets up for that budget discussion that
comes with the new year.
And another noted factor, that the projects that are contained
within the AUIR/CIE, they have to be growth related. They can't be
for addressing backlogs, they have to be directly related to the new
populations that we expect.
It's also the blueprint for concurrency. And it was, prior in the
past, it was the preparatory document for the CIE. There was -- the
AUIR was done in the fall, the CIE was done in January and February.
We realize there was a disconnect between those two time periods and
it created a lot of confusion, so based upon that and based upon the
direction of the County Manager and the Board of County
Commissioners in 2010, we brought the processes together and we've
been doing it and have been very successful in the past four, five years.
And both of them focus on the level of service, to maintain those
levels of service against our future populations.
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November 10, 2015
Here's a good example or a good indicator of the trends that we've
been dealing with over the last six years. As you can see, from 2010 to
2015 the growth rates that we've been dealing with is right underneath
that two percent. It's basically been a pretty constant rate of growth.
We've seen some upticks in terms of the last couple of years, but
BEBR's projecting that we're going to have that steady 30 to 35,000
people in every five-year period. And we're starting to see that the
improvements are starting to reflect that the time has come to start to
sort of-- to expand these infrastructures and these services to be able
to accommodate these new growth that we have.
One side-note is the 2010 census gave this county a reset. We
had estimated that there was a little bit more people than what we
actually had. So the 2010 census came, trued up our population, gave
us a little extra capacities within our systems. Those capacities over
the last couple of years have started to erode. So you're starting to see
the category A and the category B facilities starting to have projects
show up in their first and second years, meaning that these new
expansions are starting to come in a little bit more in the immediate
future.
This is just an example of the COs that have been issued; the COs
for residential, multi-family and for commercial over the last 10 years.
We've highlighted the growth spots, the areas, the projects that have
been the highest producers.
You'll see at the end of my presentation Mr. Casalanguida is
going to provide a much more detailed analysis of where those growth
spots are and where those growth spots are putting pressure within the
transportation system and provide for some justifications for where
that new focus is going to be to for the road expansions.
Within the proposed improvements, transportation, drainage and
parks are the three category A facilities with projects in the first two
years. And law enforcement, EMS and library collections are the
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November 10, 2015
category B facilities with projects in the first two years.
The Planning Commission's recommendations were basically
unanimous approval of the category A, B and C facilities within the
AUIR, as well as the inclusion within the updated Capital
Improvement Element, the -- to recommend the school district CIP be
included within the schedule of capital improvements updated within
the CIE.
And also a third, it's a little unrelated to the AUIR, but they just
wanted the Board to consider directing staff to look at a policy
whenever you have a boat dock extension within a drainage easement
to see whether maybe there could be a policy towards where -- when
you have those extensions in those drainage easements that the owners
on that canal or related to that extension be required to participate
within the dredging within the maintenance of those facilities.
One other thing that I want to do: Within the executive summary
the recommendations from staff, and I want to kind of boil it down just
to layman's speak of what we're asking to do. And the first two
basically deal with potable water, drainage canals, solid waste, public
schools, parks and recreation; and the second deals with roads. And
that's basically saying that the Board finds that there's capacity within
the systems to issue COs for the next year, that we have adequate
capacity to be able to accommodate the growth that we expect and to
be able to issue those COs when people come into the growth
management division and request building permits.
CHAIRMAN NANCE: So Mr. Bosi, you have four elements and
four specific recommendations for us for today?
MR. BOSI: Yes.
CHAIRMAN NANCE: Thank you, okay.
MR. BOSI: The third is basically to recognize the school district
CIP, incorporate that by reference, let the Board of County
Commission know there are no new school improvements within the
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November 10, 2015
next five years.
The second five-year period is going to -- is a little bit unclear,
but we do expect at some point in time, about '21, '22, that a new
school will probably be showing up within the horizon, but the school
district has a little bit more to go in terms of the exact location of
where that facility is going to be.
And the fourth is just direct staff to -- staff is requesting the Board
of County Commission to approve the ordinance to update the Capital
Improvement Element of the Growth Management Plan to include the
school district's five-year period, as well as all the category A facilities.
And those are just generally specifically what the specific
recommendations we're asking the Board of County Commissioners to
do.
There are -- that's the end of the formal presentation from a
planning standpoint. We do have presentations from transportation, as
well as utilities in terms of the asset management program.
But before we would go to -- before we would go to those two
presentations, I'd like to ask the Board of County Commissioners, there
are a number of different components within the AUIR/CIE that have
been unanimously recommended by the Planning Commission, but if
the Board had questions on any of the other components other than the
transportation that Nick will give the presentation on, to ask those
questions, give you those opportunities for the staff that may be in
attendance.
CHAIRMAN NANCE: We're going to go to board comments
right now. I'm going to start with Commissioner Fiala, then go to
Commissioner Henning.
COMMISSIONER FIALA: I have a few quick comments,
questions and so forth.
My first one is Mike, thank you so much for your leadership in
this endeavor. You really do great work. So before I even get into
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comments or questions I wanted to say that.
We talked here about the dependent fire districts and you
mentioned Isles of Capri. Are they still considered a dependent?
MR. BOSI: I believe next year they probably will not be a part of
your report.
MR. OCHS: They are for the current fiscal year, yes, ma'am.
COMMISSIONER FIALA: Okay, fine.
And my next question is, oh, yeah, roads are going to be our
biggest expense, and I know we're going to talk about this. But in their
defense I have to say that our roads are built and maintained really to
the envy of all the other counties in the state, not only in the State of
Florida but all over the country, when people come here and find no
potholes and they're smooth riding and so forth and they can already
accommodate the growth that's about to take place. But we need to
keep after it. So I totally agree with what we need to do.
I just wanted to say that I agree with special attention being given
to the roads. I think some special attention ought to also be given to
the parks, but then you know how I feel about things like that.
And lastly, we were talking about the boat dock extensions into
the drainage easements. There's five drainage easements. And I really
think we should bring that particular subject back. I agree with what
you have here so far, but that's only scratching the surface. I really
think we need to discuss that. Because as soon as we approve one,
you're going to find everybody wanting to build drainage easements
and all of a sudden we're not going to have them there for storm events
when they occur. And I think we ought to discuss that further, but not
in regards to the AUIR, just put it on the agenda. And I thank you for
that.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Mike, you said you need a
separate motion to approve that we have adequate capacity for the next
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year so you could issue COs?
MR. BOSI: That is one of the primary purposes of the CIE as
part of your concurrency management system is every year you have
to find that you have capacity for growth management to be able to
issue those COs.
COMMISSIONER HENNING: For the next five years?
MR. BOSI: It's on a one-year basis.
COMMISSIONER HENNING: One-year basis.
MR. BOSI: Yes. One-year basis. I'm sorry if I misspoke.
COMMISSIONER HENNING: No, that's fine. I -- if we can do
that magic wand, that would be great.
Observation on the school category. For the next five years
there's no new facilities proposed.
MR. BOSI: Correct.
COMMISSIONER HENNING: They are going to propose to
collect $40 million of impact fees to service debt. This year they're
going to early retire debt of$27 million. That's what's in the backup
material. So that's my editorial.
Parks and recs, I only see one facility there and that's a dog park.
What about the Orange Tree facility? What's going on?
COMMISSIONER TAYLOR: You mean Big Cypress?
COMMISSIONER FIALA: You mean Big Cypress, right?
CHAIRMAN NANCE: Big Corkscrew Regional.
COMMISSIONER FIALA: Big Corkscrew, yeah.
COMMISSIONER HENNING: Whatever. That big --
CHAIRMAN NANCE: Big area.
COMMISSIONER FIALA: Something out east.
COMMISSIONER HENNING: -- chunk of land in -- near the
Estates.
MR. CARNELL: Good morning, Commissioner Henning,
members of the Board. Steve Carnell, Public Services Department
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November 10, 2015
Head.
In the current year budget we have a little over $9 million
appropriated for the development of the park. At the moment we're in
the middle of a master planning exercise for the larger northeast area
that includes the park, the water wastewater treatment facilities, the
recycling facility and private development in the area as well. We're in
coordination with all those parties. And we're going to be coming to
the Board in December with a master plan update for that whole area
to get some Board direction and fill the Board in on what our plans are
at that time.
COMMISSIONER HENNING: Is there going to be any
improvement over there within the next five years?
MR. CARNELL: Yes, yes.
COMMISSIONER HENNING: Besides what we already
appropriated?
MR. CARNELL: Yeah, they'll -- when I said $9 million, that's
not the total project budget. We're accruing money over multiple
years, and we're thinking we may be able to turn dirt in the next fiscal
year, '17, that would be the earliest. But either '17 or '18 we'd be
improving the -- beginning the park construction.
COMMISSIONER HENNING: Well, is there a reason it hasn't
been recognized in the five-year CIE of doing any kind of
improvements over there? I know you're bringing a master plan, but
the master plan is the details. Just like a road or any other facilities,
what it looks like, how many square feet, where the drainage is going
to be and so on and so forth is the master plan.
I was just shocked when I went over this over the weekend and I
didn't see any activity out at Big Cypress.
MR. BOSI: And Commissioner, just to give a clarification, the
reason why it's not appearing within the CIE, that is already in our
inventory in this -- the CIE deals with land acquisition, not facilities
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November 10, 2015
improvement.
COMMISSIONER HENNING: Not facility improvement?
MR. BOSI: Not facilities. That portion used to be -- in 2007 and
2008 we removed facilities as part of the parks Capital Improvement
Element and we only had land acquisition included within it. And
that's why. So it's part of the asset. It's already into the system; that's
why it's not showing up within the CIE expenditure.
COMMISSIONER HENNING: Is that a wise planning exercise?
MR. BOSI: The planning aspect of where (sic) the location I
believe is wise. I guess where their shortfall is potentially in
relationship to your budgetary process, how do the facilities coincide
with the allocation of revenues in terms of on a budget year-to-year
basis.
COMMISSIONER HENNING: Right, but we -- my
understanding why we're doing this exercise of considering future
capital improvements is so that we can start budgeting for it.
MR. BOSI: And I think that will be part of the December
presentation that Steve's going to make in terms of some of the
facilities that may be associated with that master plan.
COMMISSIONER HENNING: Well, you're not going to build --
like a regional park, you're not going to build it all at once. And I'm
just trying to figure out, yeah, it's going to be a multi-year and you got
a budget for it, just like your capital improvement for roads. You have
to budget over -- and so, you know, the budget office can say okay, I
need to start planning for this because it's in the AUIR.
So convince me that we're doing it right and we shouldn't have a
little bit more details in this particular element of our AUIR.
MR. BOSI: And I guess, Commissioner, I can say that the focus
from the parks and recreation side is from acquiring the land needed to
satisfy the levels of service. The idiosyncrasies of each individual park
is made up of community outreach and programs after that land has
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November 10, 2015
been acquired. We go out, we meet with the community, we ask them
what their preference is, what they would like to see based upon that.
Then that conversation drives the discussion with the Board of County
Commissioners, which in the end turn is conveyed to our Office of
Management and Budget 'til we see that they can provide you what
type of revenue would be available for the proposed improvements and
the desires of the community.
So I understand that probably we could gain benefit by going
back and having the facilities portion included within it, but it is tied
into those individual discussions.
COMMISSIONER HENNING: Okay. Well, quite frankly I
think it's more prudent to show a long-term plan for active parks, not
passive parks where you're going to go camping and frolic in the
woods and stuff like that. It's those ball fields, those community
centers; those type of things would provide a planning mechanism
within here, so it can be carried out over a number of years. So it can
be budgeted so you don't spend impact fees or other monies on other
things that -- you know, such as land. Which we know we're not going
to do because we've got plenty of it.
MR. CARNELL: If I could, Commissioner Henning, it's a great
point.
You may remember in 2011 we adopted a parks master plan at
that time. And frankly we were in the throes of the recession still.
And a good deal of that activity that that plan pointed to in terms of
future community, regional park development, neighborhood park
development has been largely dormant with the exception of Big
Corkscrew and the Eagle Lakes pool. Those are the two big ones --
COMMISSIONER HENNING: Right.
MR. CARNELL: -- that are really center stage right now.
And your point is very well taken. And the master plan is going
to focus on the northeast area, but we plan to update. Our intention is
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November 10, 2015
to update our master plan -- I'm sorry, our long-term plan for parks
next year. And I think -- I get your point in terms of we can go back
and look at the AUIR and see if we have the appropriate linkages.
But what I'm really saying to you in short is we're going to be
reactivating our long-term parks planning here in the next year, and
you're going to see more in the future.
COMMISSIONER HENNING: This one we see once.a year, so
it's kind of in your face a little bit more.
MR. CARNELL: Sure. Thank you.
CHAIRMAN NANCE: Thank you, Commissioner Henning. I'm
going to make a comment and then I'm going to go to Commissioner
Hiller.
I agree with you. This -- first of all I would like to say a couple of
things. This is a very complicated report. I will commend staff. I
think there's a lot of-- it's clear to me that they put a lot of work in it,
because I did notice a couple of things.
And Commissioner Henning, related to the regional park issue
that you mentioned, I did note that 62 additional acres, which is part of
the master planning and review that's currently going on for that park,
are recognized in the level of service standard, which is defined as
acres per citizen. So the 62 additional acres that are contemplated
because of the reclamation of the lake are estimated in that report. As
well, and I will also thank staff for removing the 47-acre Randall curve
from the inventory. I think that's very fair. Because I believe it's
generally acknowledged that there's a higher and better use for that
than a park immediately adjacent to the regional park. So I think there
was some intuitive thought put into that.
I will agree with Commissioner Henning that I think that some of
the ways we define the level of service is important. And I don't think
it's very adequate for parks. I agree with you, Commissioner Henning.
COMMISSIONER HENNING: Well, I'm not so sure that the
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November 10, 2015
level of service is road-- or not the proper way that we do it. But like I
said, we're doing more in parks besides passive uses.
CHAIRMAN NANCE: Yes, yes.
COMMISSIONER HENNING: And those I would like to see so
that I know what's going to happen, what's anticipated for what year,
just like we do roads. That's all. I mean, we can acquire roads all day,
property for roads all day, but we don't plug in like we do the actual
improvement. There's no benefit for the acquisition. The benefit is
when the improvements are made.
CHAIRMAN NANCE: I agree with you, Commissioner
Henning. And certainly an acre -- the way you're presenting it, an acre
is not an acre. I'm just saying the way I think we make that calculation
is it needs a little bit of tweaking to really be meaningful.
Mr. Bosi?
MR. BOSI: And I appreciate completely your point,
Commissioner Henning. And appendix two provides not only a
recreational facility type guideline as to the number of hard courts, the
type of ball fields, pathways, but it also has the inventory of the
facilities that we have on our existing parks.
I think what you're asking for maybe is an expansion of
contemplation of what type of facilities we see coming up for future
parks as part of an expansion of this appendix to show what we have
contemplated or tentatively are thinking for these new facilities that
we're going to be adding.
CHAIRMAN NANCE: Well, I'll give you a living, breathing
example. And I've mentioned this before. And it's not a huge number
of acres. But personally I take exception to inventorying the school
district properties that we share, collocate and co-manage in our
inventory, because those do not belong to Collier County. Those
belong to the school district.
COMMISSIONER FIALA: And the kids aren't even able to use
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November 10, 2015
their bathroom when they use the parks.
CHAIRMAN NANCE: That's my point, Commissioner Fiala.
And so, you know, I'm not minimizing the value of that
relationship and I'm not minimizing the value of those properties, but
what I'm saying is, those acres are different acres in my view and I
think those need to be segregated and reported as such. That's just a
comment.
I'm going to make one more comment, then I'm going to
Commissioner Hiller. Please indulge me, ma'am, one moment.
COMMISSIONER HILLER: Sure.
CHAIRMAN NANCE: In that same direction I'm going to make
a comment before we go to transportation asset management, which
I'm sure everybody's most interested in, on the libraries. I believe that
the way we are evaluating our level of service standard on the libraries
is probably the one that's going to need the most introspection and
updating.
And the reason I say that is we're evaluating libraries based on
how many square feet of facilities we have and how many items per
capita that we have.
And clearly, in the development of libraries and information and
data and access to information and data, in the age we're in today
where everything is based on the Internet, we're going to need to start
reevaluating how we declare victory with our libraries. Because there's
a huge difference today between inventorying hard copy items for our
citizens and having them get access to "E" information related items.
So I think that's a challenge. I'm not discounting what's been
done with the libraries, but what I'm saying is that is clearly very, very
dynamic. And I don't think we're going to be able to continue to
evaluate it in the future years the way we have evaluated it today. It's
just not going to fit, because it's changing rapidly. And I believe we
have the staff to accomplish that. But I just wanted to make that.
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November 10, 2015
Commissioner Hiller, then Commissioner Fiala.
COMMISSIONER HILLER: In principle I think the issue related
to the park facilities applies to other segments of the AUIR. As I was
reviewing the AUIR, my concern was that there were, from what I can
see already, omissions in certain categories.
I'll give you a small example. And this is not something I've
spoken to the Sheriff with as yet, but I can see it already.
In my district our Sheriff station is absolutely woefully short of
where it has to be. I mean, there are, you know, detectives working
out of closets because we don't have the space. We are facing a
significant population increase, which means facilities for public
safety, whether it's the Sheriff or EMS or fire, is going to be our
paramount obligation.
Our second obligation will be with respect to the essential
services like transportation and utilities. And the third will be with
respect to parks, libraries and other amenities that we want but don't
necessarily need like we have a need for public safety.
So I'm very concerned, because I'm not seeing the level of
planning that I think we need with respect to that type of infrastructure.
Like I said, you know, with respect to the Sheriffs space in my district,
it's inadequate. I've talked to Leo about it. I haven't talked to the
Sheriff about it, but when I've been in that facility it's clear it needs to
be expanded. And I'm sure that's true in the other districts as well.
Another example is the need for a forensics facility. We've
brought that up. Leo, myself and the Sheriffs staff did a tour of what
was done up in Lee County by way of a forensics center. That is a
facility that absolutely has to get into the AUIR.
And I want to make it very clear that as we identify these facilities
that have to be built within the proper time frame, given the shortage
that we have today and the population growth that we're expecting, that
they're not instead of other facilities that we clearly have a need for.
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November 10, 2015
So it's not to say we're going to do this but not do that. It's not a
substitution, it's the total picture.
And so I think whether it's for public safety or whether it's for
parks, we absolutely need to timely incorporate the need for the capital
infrastructure in the AUIR. And I don't believe an appendix satisfies it
and I don't believe discussion that yeah, we're going to need it, you
know, some day maybe, satisfies the planning objective that we are
looking to get out of this effort here.
I just -- I'm really concerned.
MR. BOSI: And we recognize that and we will take those
comments and move forward with it based upon -- I will say that we --
my discussion with Hank Jones and Claude Nesbitt and Dennis
Linguidi, the facilities management, we did put them on notice that this
issue that was raised last year by yourself in the Sheriffs Office that
the forensic building is most certainly that next area of need that they
need to start --
COMMISSIONER HILLER: And they need it now.
MR. BOSI: -- acquisition.
Yes.
COMMISSIONER HILLER: It's not even -- like it's already
there. Leo and I went and toured the facilities, and it's clearly a need
now.
But that's not the only need. I give you my substation as an
example. And I've already spoken to Leo about it when I was up there
when there was a transition in the leadership in my district, I went back
up there to visit and I was shocked. I mean, they're like -- they're in
that space like sardines.
So, I mean, we have to properly manage them. I think
Commissioner Henning is correct, we have to incorporate those details,
not -- he addresses parks, and I agree with him. But beyond parks
we've got to do it for the other categories as well in total.
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November 10, 2015
MR. OCHS: Commissioner Hiller, if I might, the Deputy County
Manager at my direction has been meeting not only with our staff but
with constitutionals to update our -- your facilities master plan. That is
in progress right now. That will include all of those considerations that
you just articulated.
COMMISSIONER HILLER: I'm delighted. Thank you.
MR. OCHS: That will take a few more months to get it into final
shape, but we want to bring that forward in conjunction with your next
budget here.
COMMISSIONER HILLER: Thank you, I really appreciate you
doing -- thank you, Nick, that's wonderful. I'm so glad to hear it.
CHAIRMAN NANCE: Commissioner Fiala, then Commissioner
Henning.
COMMISSIONER FIALA: I would like to just look a little bit
more, and I'll just do it personally, into the libraries. I think that the
library books, they started diminishing in popularity and people were
all going to the Kindles. But I think that what we're seeing is a reverse
to that. Now people like books; they like to carry their books, they like
to read their books, take them wherever they're going. And so I think
that we need to restudy that.
Because when I go into the libraries, and it's not that I go into
everybody's library, I only go into two of them. But they're very busy.
And it's become like a community meeting place. And so I'm glad that
you're doing some studies on that.
And I think we should study further to see if indeed people --
books are regaining their popularity before we just cut them out
altogether.
MR. OCHS: Yes, ma'am. And just very briefly, and to
Commissioner Nance's point, as well as Commissioner Fiala's, is this
Board will recall several months ago when your new library director
came on board, this Board authorized an outside consultant review and
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assessment of our library system to look at all of these elements that
you addressed and to bring that back for the Board's consideration
again in conjunction with your upcoming budget.
COMMISSIONER TAYLOR: And Commissioner Fiala, know
that the Friends of the Library are very actively involved in that.
COMMISSIONER FIALA: Oh, I know.
COMMISSIONER TAYLOR: And so I think that we're in good
hands in --
COMMISSIONER FIALA: I'm a member.
COMMISSIONER TAYLOR: Oh, you are?
COMMISSIONER FIALA: Yes, ma'am.
COMMISSIONER TAYLOR: Okay. Well, I think we're in great
hands, because I think the partnership will bear the fruit that we're
looking for.
COMMISSIONER FIALA: I think so too.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: I'm going to go ahead and do the
series of motions. And I know that Nick has a presentation, but
looking at the law enforcement facilities -- actually, let's see, 401
building square feet per officer. We do it by population?
MR. BOSI: We always had a officer for population is 1.84
officers per 1,000 population. That never -- this is about capital
improvements, capital facilities. So we took that and related that to
what officer would relate to a square footage.
So you can see if you've added your population what does that
translate to needed square footage. So that's why we have -- it's almost
-- it's a dual level of service to be able to express how it materializes
within the actual facilities that the officer would require.
COMMISSIONER HENNING: Okay, what does -- what
standards does the county go square foot per employee? I know -- I
don't see anybody here from facilities. I know that is a number. Oh,
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November 10, 2015
there is somebody here from facilities. Didn't see you sitting back there
hiding. Ducking and weaving and bobbing.
MR. LINGUIDI: Commissioners, good morning. Dennis
Linguidi, Facilities Management.
Right off the top of my head I don't have that number right now.
COMMISSIONER HENNING: Okay.
MR. OCHS: Commissioner, we have office space standards. I
don't know if we've developed a per employee square footage, but we
have standards for different types of offices for different types of
occupational categories that we apply across the agency. But we can
certainly work on that for you, sir.
COMMISSIONER HENNING: No, I just -- you know, I think
have a comparable.
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: But anyways, I'm going to make
a motion, find the base (sic) of the 2015 AUIR adequate storm
management drainage canals, structures, potable water, waste
collection, solid waste treatment, disposal, school, the parks and recs
facilities, will be available for -- defined by the Collier County
concurrency management system. Okay?
MR. BOSI: Okay.
COMMISSIONER TAYLOR: Second.
COMMISSIONER HENNING: Motion one.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: There's a motion and a second. Any
discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
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November 10, 2015
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: That passes unanimously.
CHAIRMAN NANCE: Okay, that's element number one,
Commissioner.
COMMISSIONER HENNING: Right. A motion that there's
significant road network capacity and transportation concurrency
management database for continuing operation of real time declining
based upon ledger supported development order issuance.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion and a second.
Discussion?
Commissioner Taylor?
COMMISSIONER TAYLOR: I wondered if we could have that
motion after we hear the presentation from Mr. Casalanguida.
COMMISSIONER HENNING: Okay, I'll pull my motion.
Motion that school board district capital improvement plan to be
included in reference within the '15-'16 schedule of capital
improvements and CIE update.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion and a second. Any
comments?
Commission Taylor or no?
COMMISSIONER TAYLOR: No.
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
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November 10, 2015
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
CHAIRMAN NANCE: It passes -- element number three pass
unanimously.
COMMISSIONER HENNING: Move to approve the ordinance
related to the CIE of Collier County Growth Management Plan to be
incorporated in the base of the 2015 Annual Update and Inventory
Report on facilities including updates of the five-year scheduled
Capital Improvement Plan for 2016, through 2020, and the scheduled
Capital Improvements for future five-year Capital Improvement plan.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion and a second. Any
discussion?
(No response.)
CHAIRMAN NANCE: All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
CHAIRMAN NANCE: All right, element number four is
approved unanimously 5-0.
COMMISSIONER HENNING: We just have that one more.
CHAIRMAN NANCE: We just have that one more. However,
before we go to the presentation, we are going to take an 11-minute
break for the court reporter to rehabilitate her fingers, and we will
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November 10, 2015
return at 10:40. So we're in recess until then.
(Recess.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN NANCE: Being faithful to the time, Mr. Ochs.
MR. OCHS: Thank you, Mr. Chairman.
We're going to move to the report on your concurrency system in
your transportation network.
Mr. Casalanguida?
MR. CASALANGUIDA: Thank you, sir. Good morning, Mr.
Chairman, Commissioners.
This will be the last time I do this as David Wilkerson goes
through his inculcation process and transforms himself into the
transportation area eventually.
In working with staff, I think the supplemental presentation has
been enlightened to the Board as we go through these high growth
periods. And Commissioner Taylor had waited to hold off It's a good
explanation of what the difference is between your one-year
concurrency, as Commissioner Henning pointed out, and your
five-year consistency and then your long-range planning process. And
this will tie it in a little bit so that you understand it, because it is a little
bit of a complicated process.
I'll take you through one segment in detail and then I'll skip right
along pretty quick for the rest and take you to the backup material that
Commissioner Henning was provided in preparation of the closing of
the budget for this year.
So this location is Immokalee Road and Collier, with that circle
being the intersection of those two facilities.
We kind of track all the developments that go around these
locations. And these are what we call high growth areas. So as this
document populates itself, you can see that we'll show the dwelling
units that correspond to the approvals that you've made in the last three
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to five years.
And then we take what's called our concurrency database and use
two forecast methods that are here. Your table on the left, or the
column on the left, is your service volume. You have set a level of
service that you've adopted and in these locations, Immokalee Road
west of Collier, it's 3,200 cars traveling eastbound in the p.m. peak
hour. That is what you've adopted as your level of service through your
Growth Management Plan.
The next column is your background traffic, which says this is
what we measured currently as part of what's on the road network.
The next column is your trip bank. These are development
orders. Now, when I say development orders, SDP plats that you've
approved administratively through your growth management
department.
You take the second column and the third column and you add
them up and subtract them from your service column and you get your
remaining capacity.
So Commissioner Taylor is not here yet, but that is what you're
basing your real time concurrency on is your remaining capacity for
one year.
And now this is important, Commissioners, especially --
Commissioner Taylor, thank you. Your remaining capacity is your
one-year availability so that you allow -- by adoption of this ordinance
and update you're basically saying administratively your growth
management department can issue plats and development orders. And
that's the motion that you make and adopt that for one year.
And then you have consistency. And there's a lot of confusion
sometimes at the Planning Commission and the Board with the public,
what is concurrency versus consistency?
Concurrency is at the time you issue that SDP or plat. So when
you adopt it you say the county has enough capacity on its roads to let
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November 10, 2015
administratively the growth management department approve plats and
SDPs. So you make that motion today, that goes on for one year, and
then you make that analysis again.
Your consistency is five years. And basically your rules say we
take the remaining capacity and we grow it two percent, about
consistent with your growth period, and you say five years out we have
enough capacity that's there. Remember that's two percent growth on
all facilities. So this is where it gets a little bit foggy and we've got to
do some supplemental analysis.
So when you get a growth management plan amendment, they
come forward and you hear comments of consistency, not
concurrency.
If we approve this PUD, will it be consistent with five years of
traffic capacity on this road? Now, if we don't have capacity on the
facility, you would in a sense develop a moratorium for PUDs
adoptions, you would basically say there isn't enough capacity, we
can't find it consistent.
Growth management laws have changed in 2011. There are
pay-and-go provisions for developers to come forward. So we kind of
give you that update when we do the AUIR, and this is also used for
that.
Now the supplemental analysis we do is we say if all these areas
in high growth area develop over the next three, five or seven years,
what happens? That's your remaining capacity in your last column.
And if you notice, it's negative by quite a bit.
So staff provides this to let you know that based on two percent
you have capacity. If we grow quicker in any one area or road facility
receives a lot of traffic from, say, the east, which Immokalee will
receive from developments that grow to the east, this is the remaining
capacity you'll get somewhere in the future.
As part of that, we develop our long-range transportation plan and
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we do some interim short-term planning as well too.
So you see populating on the diagram right now you've got Logan
Boulevard extension that we're working on; you'll have an agreement
in front of the Board very shortly for some trip grants.
We have some intersection improvements in Immokalee and
Collier funded both in this AUIR/CIE, as well as Woodcrest Tree
Farm.
You also see Vanderbilt Road extension. Now that's important.
Because a project like that takes about seven years from the time you
give us the nod to go forward with the project to the time it comes into
the program.
So if we wait until Immokalee Road actually goes into the red and
then you say give us the green light to go do that project, you're going
to be greatly behind the curve on things like that. And I'll talk a little
bit about what the plan is in the approach to address that going
forward.
CHAIRMAN NANCE: Nick, I want to just confirm one thing
with you just to talk about how important this is.
It's my understanding that because there's no more Department of
Community Affairs and changes in Tallahassee, that the Capital
Improvements Element is no longer statutory required to be financially
feasible at the state level and only our ordinance and our action here
locally is what's requiring that we have that diligence to be faithful to
that endeavor.
MR. CASALANGUIDA: For roads, sir, that's correct. I believe
your public utilities are a little different. It's still --
CHAIRMAN NANCE: Yes.
MR. CASALANGUIDA: -- required.
Yes, for roads it's not required at the state level anymore. You as
the Board of County Commission have said we want to impose that
upon ourselves.
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November 10, 2015
CHAIRMAN NANCE: We bear the burden to make sure that
happens.
MR. CASALANGUIDA: Correct, sir.
CHAIRMAN NANCE: Thank you.
MR. CASALANGUIDA: Good clarification.
Okay, so I'll go through other parts in the county fairly quickly
and then I'll provide the backup information we worked with
Commissioner Henning on at your direction for the budget.
So now we look at Pine Ridge Road and we show Pine Ridge and
Livingston at that intersection. Right now in your AUIR that is
currently failing but it's in what we call a transportation concurrency
management area.
And then if you look, all the dwelling units that are in the area,
obviously it's been a popular place right now for a lot of the
redevelopments. You've seen the Germain Honda come on line. One
of the updates that's been here -- do you have a question, ma'am?
COMMISSIONER HILLER: Yes.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: To address that intersection as an
example, we had a discussion within the past year about whether or not
that intersection was failing. And there was no evidence to support
that it was a failing intersection. And there was heated debate about
whether or not that loop road or whatever you want to call it should be
open.
MR. CASALANGUIDA: Sure.
COMMISSIONER HILLER: I think -- I'm very concerned as to
how we jumped from -- it isn't failing. Because through the dialogue
and through the questions that were asked and answered as a result of
that dialogue it was clear that there was no issue. Remember that,
Commissioner Taylor? You weren't elected at that time --
COMMISSIONER TAYLOR: I wasn't elected.
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November 10, 2015
COMMISSIONER HILLER: -- but you were involved --
COMMISSIONER TAYLOR: Oh, yes.
COMMISSIONER HILLER: -- with that community, as was I.
Because, you know, half of that intersection goes to Commissioner
Taylor's district, the other half goes to mine.
MR. CASALANGUIDA: Sure.
COMMISSIONER HILLER: I'm concerned about the evidence
that we are using to draw the conclusions that certain changes need to
be made at intersections. And we have to be absolutely certain that we
are using accurate data. Because I don't see how it could change from
the hearing we had just a few months ago to show up in the AUIR.
And I was going to actually bring this up, but since you used it as an
example, I'm very concerned about that.
MR. CASALANGUIDA: That's a great question, ma'am.
I think if you look at I-75 to the east, it's not the intersection, it's
the issue, it's that link of Pine Ridge Road from Livingston to I-75.
And as your background traffic roads -- for instance, while you may
not get a lot of new homes in the area, the folks that are commuting,
business activity from I-75 starts to pick up, that link has experienced a
significant amount of attention to that. And it funnels to I-75. So it's
one of those, when you look at our network, we have several
interchange connection points. They're the ones that are starting to get
the brunt of a lot of the impact of the increased traffic that we receive.
Because traffic to Lee County, people jumping from one county to
another, one interchange to another, so --
COMMISSIONER HILLER: That hasn't changed over the last
few months. That was no different at the time we had that hearing than
it is right now.
MR. CASALANGUIDA: As you adopt that AUIR, that's the
document you use for one year. So now you're adopting a new
document. So in all your reviews for projects in the following year as
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that motion you made, this will be the document you use. So between
the last year when you adopted and said in one year we'll have this
capacity and background traffic --
COMMISSIONER HILLER: I understand. But we at that
meeting concluded that it wasn't going to be an issue prospectively for
quite some time beyond the scope of a year.
MR. CASALANGUIDA: No, in that development -- ma'am
which project are you talking about, the Germain?
COMMISSIONER TAYLOR: No, the Whippoorwill Lane.
COMMISSIONER HILLER: No, it was the Whippoorwill. The
opening of Whippoorwill. This had nothing to do with Germain.
MR. CASALANGUIDA: Ma'am, you said the last month or two.
COMMISSIONER HILLER: No, it was over the last year.
Remember when we had everybody here? There was like a lot of
people in the room.
MR. CASALANGUIDA: Is this the Marbella Lakes one?
COMMISSIONER TAYLOR: Yeah.
MR. CASALANGUIDA: Ma'am, that was a couple years.
COMMISSIONER HILLER: Was it? It seemed just like last
year.
MR. CASALANGUIDA: No, it was a couple of years.
COMMISSIONER HILLER: Oh, my goodness, time is flying.
Anyway we concluded at that meeting that it was going to be -- it
was shortly before Commissioner Taylor was elected.
MR. CASALANGUIDA: Correct.
COMMISSIONER HILLER: So it was within about, you know,
I would say a year to a year and a half. There was no evidence that at
that time after we investigated it that there would be a need to do
anything here for quite some time.
MR. CASALANGUIDA: Ma'am, at that point in time at the
Board direction 2019. We basically said we'll probably revisit this
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based on the growth rate at that time in 2019.
COMMISSIONER HILLER: Right.
MR. CASALANGUIDA: And this is a great example.
What happens is once the growth starts to accelerate, because
you're using the two percent growth factor, and this is what I call a
funnel facility, you're going to -- things get accelerated into failure
fairly quickly when things pick up. So if you're not planning ahead
and getting the pipeline ready, Pine Ridge is a great example of what I
just talked about. When you had that hearing a year and a half, two
years ago we said, well, that intersection's a problem, this road will be
a problem, and when we do the growth rate we said about 2019, it will
take us a year half to do that project, so we said it will come on line
somewhere around 2016 or '17 and it will be in place for 2019.
And now we do the AUIR this year and it says okay, Pine Ridge,
the traffic counts have significantly gone up and all we're
recommending right now is that we do a study to determine what it is,
it's not to put this on line yet. It's to have our transportation folks now
do an intersection detail analysis, a link analysis, talk to DOT and
study what this benefit would be and bring it back to the Board. So
that's the recommendation that you have here.
COMMISSIONER HENNING: May I?
CHAIRMAN NANCE: Yes, Commissioner Henning.
COMMISSIONER HENNING: The Board did not determine
there's not a shortfall there.
COMMISSIONER HILLER: They did.
COMMISSIONER HENNING: It was said, and Nick now just
confirmed it, is if we don't do something there's going to be a problem.
And -- if we have a TM --
MR. CASALANGUIDA: TCMA.
COMMISSIONER HENNING: TCMA now, that means the road
has failed. And if you have any doubt, get out of your bed in the
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morning and try to drive to Naples from I-75 on Pine Ridge Road.
Drive it. I do. Okay?
Have you drove it, Commissioner Taylor, in the morning?
COMMISSIONER TAYLOR: No.
COMMISSIONER HENNING: Commissioner Hiller hasn't.
COMMISSIONER HILLER: I have.
COMMISSIONER HENNING: You have? When? Recently?
COMMISSIONER HILLER: Not too long ago. I was over --
COMMISSIONER HENNING: Try it from -- Amy, you live out
there, you drive it all the time. You know.
COMMISSIONER FIALA: Well, I stay away from it.
COMMISSIONER HENNING: For us that don't have the
privilege to live on the coast --
COMMISSIONER TAYLOR: Oh, oh.
COMMISSIONER HENNING: -- drive it. It's a problem.
COMMISSIONER TAYLOR: Well, I remember --
COMMISSIONER HENNING: Here's another problem you
have. You have a fire station right in that link, okay. You get traffic
backed up at Livingston Road and that firetruck tries to get to the west,
it can't.
CHAIRMAN NANCE: Can't get out.
COMMISSIONER HENNING: Can't get out.
COMMISSIONER HILLER: But the Whippoorwill connection
is not the solution to the issue --
COMMISSIONER HENNING: I'm not saying --
COMMISSIONER HILLER: -- that you're describing.
COMMISSIONER HENNING: I'm saying there's a problem
today.
COMMISSIONER HILLER: That's a completely different issue.
If we're dealing with congestion at traffic hours, you know, at peak
traffic. But that's not the intent of that connection.
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November 10, 2015
MR. CASALANGUIDA: Ma'am, without --
CHAIRMAN NANCE: That's not the issue before us,
Commissioners. I think that Nick has actually chosen a very, very
good example because it's current and everybody understands it.
So I think that we need to let Nick --
COMMISSIONER HILLER: I agree.
CHAIRMAN NANCE: -- proceed. This is one example --
COMMISSIONER HILLER: I do want to let him proceed but I
do want to say that again, there was discussion at that time, and it was
determined that there was no need to do anything at that time. I just
want to make sure that taking this as an example we are absolutely
positive about the data.
Doing this study to analyze at what point this needs to be open
does make sense. But I think what you really need to do is a study to
evaluate what's going on where the road is failing to address what
Commissioner Henning is talking about, which is the peak hour
congestion. And we don't build these roads to what traffic is at peak
hours. So it's to be expected.
Are we building to peak?
MR. CASALANGUIDA: Ma'am, you're building to peak hour
peak direction, but you're taking out the two busiest months. So in
other words your litmus test is not the two busiest months.
COMMISSIONER HILLER: Well, if we're building to peak,
then you've got a problem here, because it shouldn't be failing.
MR. OCHS: You can only build it so wide, ma'am.
COMMISSIONER HILLER: Well, I understand. But at that
point, you know, you have to balance the --
MR. CASALANGUIDA: Well, traffic grows on a facility. So
what we do is we forecast that. And then like this one we'll work with
DOT. It's a tight urban interchange diamond, not your most optimal
interchange. It doesn't function that well.
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Now what are your options with DOT so that we can get green
time back on Pine Ridge? These connections, the red line between all
those developments, if we can take three to five percent of the cars off
the main road because they can get from Marquesa Plaza to
Whippoorwill, or if you provide everybody that lives on Whippoorwill
a choice in the morning to say I'm not going to wait at that light, I'm
going to go out the back way, those are the little things we do.
Interchange improvement, interconnection between PUDs and an
additional facility that provides --
COMMISSIONER HILLER: Or alternatively we develop more
commercial in the east so people can work in the east.
CHAIRMAN NANCE: Okay, let's go to Commissioner Taylor
and then let's let Mr. Casalanguida get back to the agenda item.
COMMISSIONER TAYLOR: I'll just add to this mix that, you
know, I watched it from the sidelines kind of and I think there is a
strong argument to be made for planning for the future, which is what
Commissioner Henning talked about, that this is something that he
witnessed and he lived through when we didn't do it.
But at the same time, I agree -- here I am, right -- I agree with
Commissioner Hiller, because at this point the counts on the road did
not justify opening this up.
So I think as we go forward I know we're going to revisit it, it's
here, and I think we can do it in a maybe rather than having the shovels
poised to dig the road, we can start preparing for it and justifying it and
then going to a neighborhood and giving everybody enough time.
And I will say this, and I'll put it on the record, I was one of those
folks, because I was on City Council at the time, fought tooth and nail
against the overpass. The same argument came up, do you drive out
on Golden Gate Parkway. No, I don't. Well, then how can you say
you're against it? I'll never forget this.
And the neighborhood and the overpass went through. And not
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only is it the most beautiful overpass probably in the United States of
America, the wall that the Bear's Paw people put up to protect
themselves works. And I've talked to folks in Bear's Paw who say we
don't even hear it. It works. So there are ways of moving ahead and
doing it so it pleases the family. And that was under the leadership of
the county that did this, so thank you.
MR. CASALANGUIDA: Very good. I'll continue --
CHAIRMAN NANCE: That's why we'll allow Mr. Casalanguida
to demonstrate the reason why this is an annual process.
Mr. Casalanguida, please continue.
MR. CASALANGUIDA: Thank you, sir.
So then we look at 951 by I-75 and Davis Boulevard. We know
that that facility is also another high growth area, and so we track the
developments and then we do our concurrency analysis and our
consistency analysis.
And what it shows is that somewhere in the future -- and
everybody will say when -- next to three to 10 years, Collier Boulevard
will be strained and you will not have adequate capacity.
Working with DOT we've looked at in the next five years future
interchange improvements as well over there. We acquired the Melon
property behind CityGate and we're doing that study this year coming
up. And the developer has built that portion of Rattlesnake-Hammock
Road extension and a portion to the north. So we're going to do a
study there to determine what that alignment would look like, what it
would cost and when to bring it in the program.
You've got your East Trail where 951 and 41 meet. And again,
we tracked the developments and we noticed that Collier Boulevard
south of US 41 and to the north is a strained facility.
We've recently done the intersection improvements and we've
also set that up for some day that you can do another overpass, should
you need that. Or you have parallel facilities in that area so the
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planning process is taken care of.
We'll slide to the west a little bit where we look at U.S. 41 and
Rattlesnake-Hammock and as well as 951. You've tracked the
developments, you put them all at one time, and drastically U.S. 41
and Rattlesnake-Hammock goes under water in terms of capacity when
all those developments come online.
We're going to bring in a study area at Rattlesnake and you have
the intersection improvements to the east.
So where it's important I think is when you review PUDs and
GMP amendments, because of the way this is set up for consistency, is
you grow your traffic five years. You have to know that especially
during a Comp. Plan Amendment if someone's asking for residential
units, which is not just another destination, you've got to be a little bit
cautious, because you realize that these projects coming online are
going to quickly use up your roadway capacity.
Now, this is backup information we worked with Commissioner
Henning on at the Board's direction in preparation of the budget.
I'll take you through the east before we do that, before we jump
on that. My apologies.
This is in eastern Collier: Oil Well Road, Randall and Immokalee
Road. And Ave Maria to the right of your screen. And so we tracked
the developments. And if you notice, when everything comes online --
I'll go back one slide. In the middle are the rural lands west. In that
area all those facilities start to go in the red. Timing-wise we probably
have more time in this location than in other areas because the growth
rates out here are a little bit slower.
But what you've got coming online is a study on the best way to
either widen Randall and connect it to rural lands west. An S curve;
you've got three bridges going out in the Estates. In this five-year
program you have Golden Gate Boulevard being extended. And in
your bridge to the far left of your screen at the bottom left, that's
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November 10, 2015
potentially connecting to Vanderbilt Beach Road extension. So you've
got a lot of facilities planned in this area to come online.
Now, as part of our budget preparation work with Commissioner
Henning, in 2001 and '02, the Board of County Commissioners
borrowed $266 million for your back log. Okay, that's quite a bit of
money. You used your gas tax as a reference point to do that.
The remaining balance on that debt is $114 million in two
tranches: 88 and about 25 million, expected to expire in about 2023,
2025. So you've done a good job paying it back and you've got about
another eight years to go before you totally diffuse the debt.
This is an interesting slide. On the left-hand side that money was
borrowed on 2002 area. And this starts in fiscal year '04. You can see
that you collected close to $60 million in impact fees on average for
four years. And your general fund support was in the 20 to $30 million
range and you had $266 million in the bank to build facilities.
You hit the recession about 2008, and we're a little bit of a
laggard, you know, government always is, by a year or two, and you
transitioned down.
Your actual general fund support in fiscal year '10 was $3 million.
So you can see the big different between those two.
And your gas tax, as Commissioner and the Chairman and I have
discussed, has been flat. Miles per gallon go up, electric cars go up,
you're not getting any more money. This is a national problem that's
occurring in terms of gas tax. It's not a sufficient funding source going
forward anymore.
So in 2012, the red line, is growth starts to come back online. But
if you notice the financing, the green dots, general fund's starting to
come back, gas tax is flat, and your impact fees are a lot lower.
A lot of this has to do with prepaid impact fees and also the fact
that you changed the way you collect them. It was 50 percent down
and 50 percent within three years. You changed it during the recession
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November 10, 2015
to go one-third down and then the remaining balance at C.O. So it's
kind of a lagging funding source that comes in.
So if growth continues, you're going to see that you don't have a
lot of revenue coming in to kind of capture that growth, even though
you have spent the money to put in facilities. So as you've all pointed
out, you have some facilities with capacity on Collier Boulevard,
Rattlesnake-Hammock, things like that.
We did a countywide map and we had our engineers put together
-- and it's an eye chart -- but they took right away mitigation,
construction costs to put together a feel for what it would cost to bring
some projects back online.
We also looked at some backlog infrastructure which I will tell
you, through the County Manager's Office, working with Leo and your
other folks, you've got backlogs in facilities as well too. There are
other units that desperately will have requirements.
So shortfalls in five years: You've got about 15 million in bridges
that are past their useful life. We should be doing it right now. An
additional 10 million in stormwater. Dr. Yilmez has been successful in
Naples Park rehabbing that infrastructure. Every time he goes in there
we have to follow him. It is not prudent for us not to do the drainage
improvements.
And then you've got Golden Gate City that's past its useful life as
well to.
The other 130 million is to bring projects back into the program if
you wanted to turn them on. Now, you don't need them tomorrow.
And that's where I'm going to get into the last item approach.
I think when Commissioner Henning made his presentation, he
met with Mark and I, met with the County Manager, we talked about
different opportunities to prepare ourselves in case you need this
money, what would you do.
So you begin accelerating projects into the program. And that
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November 10, 2015
doesn't mean construction, that means get them ready. Remember, it's
seven years for a facility to come online. So if you give David
Wilkerson a direction to start a project, he begins preliminary design,
he does mitigation, he does right-of-way acquisition, and then he bids
the job and it goes under construction.
So by incorporating the design in at this early stage you don't
spend a lot of money, but you get projects ready.
And then you identify funding opportunities. We've been very
successful with grants. I've worked on hundreds of millions of dollars
with the County Attorney in DCAs with developers and tens of
millions of dollars getting FDOT to support these projects, so we've
been very good at that and we will remain vigilant doing that.
Your debt? Well, you borrowed 266, you're more than half paid
down. You're going to get to the point in the next three to five years
you'll probably have to issue new debt to cover some of this backlog.
And there's some opportunity for new funding sources. In this
legislative session is a discussion on a transfer, a doc. stamp fee that
the state would allow local governments to do in lieu of impact fees.
We're going to look at that and bring you back some information on
that going forward.
Our other approach is to do what we did today is to monitor your
high growth areas, keep an eye on them, let you know on a regular
basis what is coming into the systems faster than you'd expect. And
then as we talked about, adjust your priorities.
One of the recommendations the Commissioner made was, you
know, cap us at operating plus CPI at a lower level and then focus on
your backlog.
And even with that, Mark and I in discussions with the County
Manager said there's other approaches you can do in terms of not
funding to a certain level some of the operating budgets but take that
money and use it to purchase -- finance some debt that goes with that
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November 10, 2015
too.
You don't need to issue debt in the next 12 months. You need to
be prepared to issue debt in the next 24 to 36 months, should this
growth continue at the rate it's at right now. And I think in your AUIR
we've started bringing projects into design to get them ready. So if you
say, wow, traffic has grown again on this facility and this is a hot area
and it's coming into the AUIR rather quickly, how quickly can we get a
parallel facility or some improvements online, your staff is prepared to
execute that project.
And that is the end of my presentation. If you have any questions?
CHAIRMAN NANCE: I'm going to go to Commissioner Fiala,
then Commissioner Taylor.
COMMISSIONER FIALA: Thank you.
Nick, one of the greatest impediments we've found to our road
system has been all of the gated communities, and the gated
communities do not want any interconnectivity. So people will have to
go out into the road, move forward to take their U-ey to go backwards
to the next development over in order to buy a loaf of bread.
Now we've been way too lenient with that. And my suggestion
would be that maybe the transportation department does not permit a
development to be built without interconnectivity anymore.
Now that's just a suggestion. I'm sure everybody has to talk about
it. But I think that would help our transportation system as well to start
requiring interconnectivity.
MR. CASALANGUIDA: You have that a little bit in your GMP
where feasible. And we're about to do the four master plan updates in
all of your high growth areas. So I think interconnectivity will be a big
topic in those master plan updates.
CHAIRMAN NANCE: Commissioner Taylor, then
Commissioner Henning.
COMMISSIONER TAYLOR: That's interesting. I was going to
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November 10, 2015
talk about that also. Just can't we --
COMMISSIONER FIALA: Great minds.
COMMISSIONER TAYLOR: I mean, here we are five people.
Can we not set some kind of policy or make it very clear that we're
going to control this, not stop it, and that we have to put in these
guidelines or things are not going to get approved.
I mean, we -- someone told me once, you know, the most
important thing you can do to do something is just sometimes you just
have to say no instead of, you know, smiling every time the developer
comes and he wants to do this and that. We just -- we're coming to not
the end of the road but we're coming to a point where we have to make
much wiser choices. And I think I'm hearing it up here, and I don't
think it's risky, I think it's called quality of life and preserving quality
of life here.
And I like Commissioner Fiala's idea. And I don't know, because
those master plans are what, five years from coming before us? I don't
know if we can wait that long with this kind of growth. Not that we're
going to supersede it, but we've got to get something in place and have
an awareness here for the community of what we're facing, which
you've done a great job doing. But we need to act on it also.
MR. CASALANGUIDA: Your staff is listening. It's in your
GMP right now where feasible and I think we will continue to
encourage that. And when projects come for PUD approval you can
certainly make that a criteria that you look at to say how that is
connectivity functioning. And we will address that as part of our
review.
COMMISSIONER TAYLOR: And Commissioner Henning, I
wanted to thank you for your presentation, which was before -- was it
-- I've lost time when you came before us before about the budget and
your concerns. Because I think again we need to be reminded and get
guidance and have some kind of framework by which we make our
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November 10, 2015
decisions. It's just a different time now. Thank you.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Nick, are you also looking for
budget guidance to come back for the next year's budget guidance?
MR. CASALANGUIDA: I'm not, sir. I think this is an
opportunity for the Board to hear the backup information you received
so that when we come back in January for budget guidance that you've
got some reference point.
I didn't ask for it as part of my presentation. I think I just wanted
to provide the Board the backup for it.
COMMISSIONER HENNING: What are you going to come
back in January, the same thing we've always done, budgeted by
growth?
MR. CASALANGUIDA: I think, sir, what you've laid out we've
kind of structured as well too. I think we'll talk about what our caps
would be in certain operating budgets and where the backlog would
go. And I think we'll provide you an opportunity in January to
consider options on how you could prepare to issue debt or how you
could prepare to fund some of this backlog.
COMMISSIONER HENNING: Well, being that we're looking at
24 to 36 months of needing the cash to move forward with -- because
growth is accelerating, knowing that we have a backlog of capital
improvements, maintenance, vehicles, buildings, knowing that the
Sheriff has $30 million of backlog, vehicles, computers, other things
that we're not going to say up here, I think it would be more prudent to
take a look at -- for the County Manager and the constitutional officers
to cap their budget, operation budget to growth and CPI, use the rest of
it for the 2016-2017 budget to bond and address those shortfalls.
Because those are large and they're not going to go away.
If we can get an agreement with the constitutional the following
two years, we'll be doing the same to address, potentially address
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November 10, 2015
capacities: Stormwater, roads, bridges, maintenance.
I would like to see that come back as an option, Commissioner --
Mr. Chairman.
CHAIRMAN NANCE: Sir.
COMMISSIONER HILLER: May I address that?
COMMISSIONER HENNING: No, I'm not done yet.
I would like to see that as an option as far as coming back as far
as budget guidance.
In fact, we have one more motion, and I'm going to go ahead and
make that motion. Motion that the significant road network capacity
and transportation concurrency data base to continue operation at real
time declining balance ledger to support development orders issuance
and the guidance of bringing back more options at the budget
guidance.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: There's a motion and a second.
Comments on that at this time?
COMMISSIONER HILLER: Absolutely.
CHAIRMAN NANCE: Commissioner Hiller.
COMMISSIONER HILLER: I'm very concerned about your
proposal. Because in effect what you're doing is you're asking the
constitutionals, for example, the Sheriff, to limit themselves to fund
our growth needs when he has his growth needs. And I think that's a
real problem. I think us limiting ourselves is definitely the right thing
to do. To impose it on the constitutionals and the constitutional that
matters in this case is the Sheriff, is not something we can or should do
in light of their own growth-related capital infrastructure needs.
So I can't support that. I can certainly support it to the extent that
we want to impose it on ourselves. And Leo, we're pretty much
already doing that, aren't we?
MR. OCHS: Yes, ma'am, over the last several years.
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November 10, 2015
COMMISSIONER HILLER: So no.
COMMISSIONER HENNING: Well, that wasn't my motion.
My motion was just the opposite. My motion was to address that big
elephant in the room that nobody sees and that is the shortfalls that
have been delayed not only in the Sheriffs budget of$30 million -- or
not his budget but his capital replacement needs of$30 million -- but
also our maintenance on it. So my motion was just the opposite of
what you're saying.
COMMISSIONER HILLER: I'm addressing the statements you
made.
CHAIRMAN NANCE: Okay, let me make a comment here.
Commissioner Henning, I seconded your motion, and I want to
try to bring this back to like a 50,000 foot level just for a second, based
on not just the presentation that we're receiving today, which we've got
a motion sitting on the floor over here, but I want to remind
Commissioners what we've participated in and the presentations that
we've seen in the last year.
We've talked about capital asset management. We're ongoing
each month on the 2040 long-range transportation plan and the needs
for that in dollars. And what I'm talking about here is I'm talking
dollars.
We've had a presentation on public utilities. We've had a
presentation on water resources management. We've had numerous
discussions month after month on the backlogs in facilities and other
capital assets that we've got to get across. And it always comes back to
a problem with revenue. That's a common thread that's gone through
all of this.
It's very clear, I think Mr. Casalanguida had a wonderful slide on
gas taxes and impact fees. And Mr. Casalanguida, I hope you blow
that up, because we're going to be looking at that, I've got a sneaking
idea, many times.
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November 10, 2015
If you can't see that we can't count on gas taxes, that's blatantly
obvious. If you can feel the mood in the state legislature and with
Governor Scott, it's easy for you to figure out that the amount of state
money that's going to be available for roads, for state grants through
FDOT, through whatever, are going to be reduced, you must be living
under a shell somewhere. That's going to happen.
You know, it's wonderful to talk about new funding sources.
Commissioner Henning has brought these up numerous times. The
doc stamp transfer fee opportunity may be wonderful. We've talked
about franchise fees, we've talked about things.
We've also talked about issuance of debt. It's this Commissioner's
view that as far as issuing debt, I feel like we are remiss if we keep
focusing on this need down the road 24 months if we don't bring Mr.
Isackson before us to talk about exactly what the cost of issuing debt's
going to be. Because I'm fearful we're going to kick this can down the
road until the interest rate doubles, and I think that's eminent.
So I would love to see him come in here and explain in dollars
and cents what it would cost us to do this sooner than later, because I
think we're going to be behind the curve, we're going to finally come to
the realization that we're going to need some revenue coming from a
number of different places, and we're going to -- you know, and it's
going to really significantly cost us more money to use one of our
probably most important sources of revenue here, because we've been
very faithful to paying this down.
But, you know, I'm a guy that likes to borrow money when it's
cheap, not borrow money when we finally come to the realization that
we have to and now all of a sudden it's become much more expensive
than perhaps we would like to see.
So Commissioner Henning, I support your motion.
Commissioner Hiller?
COMMISSIONER HILLER: Well, you know, it's interesting,
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November 10, 2015
because the facts don't support your statements.
There was an article most recently in the Naples Daily News, and
the header is State Budget Office Projects 1.6 Billion Surplus Next
Year to Cover Governor's $1 billion Tax Cut.
And it talks about how we are going to be experiencing a surplus,
not a shortfall.
So, you know, our tax base without us increasing taxes is
growing. It's growing twofold. It's growing because property values
are increasing, it's growing because the volume of properties is
increasing.
So, you know, I think we have to be very careful, you know,
about crying wolf before we, you know, properly evaluate these
revenue projections. You know, we're moving into a rising market.
Now, I will agree with you on, you know, the potential of interest
rates may be going up. But according to what I'm reading, that's not
being viewed as likely either. So, you know, I think we have to be --
we have to be very conservative and very temperate in how we
approach this. And I'm not sure that, you know, an aggressive radical
approach right now is the right one, in light of the facts. And like I
said, I'm reading the headline, surplus.
And I think -- aren't we going into a surplus year ourselves? How
much extra money -- we didn't raise our millage and property values
have increased. So what's the incremental increase this year in
revenues because of the increase in property values?
MR. CASALANGUIDA: I feel a cold breeze over my shoulder
COMMISSIONER HILLER: I'm sure you do.
MR. CASALANGUIDA: -- from the O&B Director.
COMMISSIONER HILLER: Yeah, I know.
MR. CASALANGUIDA: So I'll let him answer that question,
ma'am.
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November 10, 2015
MR. OCHS: Mr. Chairman, just as an aside.
COMMISSIONER HILLER: I mean, we're under where we
were, I understand that. But it is going up.
MR. ISACKSON: Good morning, Commissioners. Mark
Isackson, Director of O&B.
I'm already moved past '16, I'm moving on to '17.
In '17 if your taxable value goes up seven and a half percent, that's
$19 million. Now the real question is, and we're going to bring this
back to you for guidance in February. We'll talk about debt, we'll talk
about all of these issues in terms of backlog and new projects, new
capital.
The $19 million, let's just say for sake of argument that you cap
your operating increase -- you know, I'm just talking out loud here.
Say you cap your operating increase at three percent on a seven and a
half percent increase in taxable value. That's roughly 13 million for
capital and $6 million for operations. Now that's just on the ad
valorem side.
Now you factor in sales tax, factor in state shared revenues, which
are increasing. So that's what I look at -- what I'm going to be looking
at and bring back to you in February to see how much we can get at
this nut. You've already got an eight and a half million dollar
commitment to go after backlog.
When we talked to Commissioner Henning we brought it back to
you, we're going to try to add another five million on top of that. If
you do issue debt or in the planning scenario, you have $33 million
that comes out of the general fund that goes to roads, that goes to
stormwater, that goes to your capital on your general governmental
side.
You can easily do a bait and switch, essentially. You don't need
to move 33 million. Maybe you move 25 and you take the rest of that
and you go after this some of those projects.
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November 10, 2015
So let me look at all of this, I'll bring it back to you --
COMMISSIONER HILLER: That makes perfect sense.
MR. ISACKSON: -- you guys can make some informed
decisions on how you're going to handle all this stuff.
COMMISSIONER HILLER: I think that makes perfect sense.
And what you're saying follows on the statement that I just made. I
mean, it's clear.
And what you're projecting is based on the existing tax base, not
on the growing tax base. And by that I mean the additional homes that
are coming into the pipeline. Because we know there are PUDs that
are, you know, have been approved but haven't been developed yet that
we know are forthcoming that are going to increase the volume of tax
dollars.
MR. ISACKSON: That's just an increase on your $70.1 billion
current taxable.
CHAIRMAN NANCE: Commissioner Fiala, then Commissioner
Taylor.
COMMISSIONER FIALA: Thank you. First of all, I'll say I
agree with the motion that's on the table.
One of the things we have to take into consideration also is the
state cuts their taxes and they say this is a great thing, we're going to
cut our taxes. What happens? Those things of course are still needed,
so it cost shifts it right down to us. So then we have to -- how many
times has this happened with the roads and with other items as well?
We end up paying for it out of our taxpayer dollars instead of out of
state taxpayer dollars. And I'm sure that comes into play with the same
thing as well. So I do agree with the motion.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: And interestingly enough, I was
listening to a radio program this morning, NPR, and they were talking
about interest rates being raised and very, very, very large companies
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November 10, 2015
are now borrowing, because they expect it to raise and they're
borrowing a lot of money. So it's -- I think the sign is there that things
are going to change, it's not the end of the world, but I would agree that
if we're going to borrow, let's do it when it's less money than it would
be in two years. I can't imagine waiting for that long.
MR. OCHS: Mr. Chairman, if we might again, just to reiterate
Mr. Isackson's statement, I think the best thing that we can do for you
as a staff is to develop all the options, give you the variables, give you
a series of recommendations that you can consider during budget
guidance, and we will cover all of the contingencies that each one of
you have expressed not only today but over the last year, as
Commissioner Nance had outlined it, and all the opportunities where
we've discussed our infrastructure and our backlog. And we'll lay
those out for you and you'll see what it will cost and what it will gain
you in capacity or elimination of backlog projects and you can make
some policy decisions for us.
CHAIRMAN NANCE: Thank you. All right --
MR. OCHS: Sir, you also have an enterprise asset management
briefing that I would recommend that we defer in lieu of your time
certain at 11 :00. And we can either provide that under separate cover
in memorandum to the Board or we can reschedule that for a
presentation, at the pleasure of the Board. We're very proud and
pleased with the work that we've been able to do with your enterprise
asset management system. I would suggest we share that in a written
report to the Board and if there's an interest in a presentation at a future
board meeting, we'd welcome that opportunity as well.
CHAIRMAN NANCE: Yes, sir.
All right, we have a motion and a second on the floor. Is there
any further discussion?
(No response.)
COMMISSIONER HILLER: Could I hear the motion again?
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November 10, 2015
CHAIRMAN NANCE: Commissioner Henning, would you like
to repeat your motion for clarification?
COMMISSIONER HENNING: Motion that there are significant
road network capacity and transportation concurrency database for
continuing operation of real time, declining balance ledger to support
development orders, and direct staff to bring back those options at the
budget guidance and including my comments about potentially
working with constitutional officers to get at the backlog.
CHAIRMAN NANCE: This is element two for the sufficient
road network, as it is in the executive summary; is that correct?
COMMISSIONER HENNING: Yeah.
CHAIRMAN NANCE: And I seconded that.
Is there any further discussion on that?
COMMISSIONER TAYLOR: I seconded that.
CHAIRMAN NANCE: I'm sorry, Commissioner Taylor, I stand
corrected. You seconded it.
COMMISSIONER TAYLOR: We did it at the same time.
CHAIRMAN NANCE: Additional comments, if any?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed, like sign.
Commissioner Hiller is in dissent on element number two, so it
passes 4-1.
COMMISSIONER HILLER: I'm in concurrence with everything
related to the motion except for having the constitutional officers cap
their operating budgets for our benefit.
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November 10, 2015
Item #9A
ORDINANCE 2015-62: RECOMMENDATION TO NOT ADOPT
THE SOUTHBROOKE OFFICE SUBDISTRICT SMALL-SCALE
AMENDMENT TO THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED,
AND TO NOT TRANSMIT TO FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY — ADOPTED
MR. OCHS: Mr. Chairman, that takes you to Item 9.A, which is
your time certain item. 11:00 a.m. time certain. This is a
recommendation to not adopt the Southbrooke Office Subdistrict
Small-Scale Amendment to the Collier County Growth Management
Plan.
CHAIRMAN NANCE: Okay, this is a public hearing that is
going to require four votes, should it be -- should a motion be made for
approval or it require a supermajority.
At this time I would like to have everyone rise --
MR. OCHS: Mr. Chairman, excuse me, you also want to hear
9.B at -- I think we should take these subsequently. 9.A first, Mr.
County Attorney?
MR. KLATZKOW: You've got a Comp. Plan. The Comp. Plan
is legislative.
CHAIRMAN NANCE: Okay.
MR. KLATZKOW: If you do not approve the Comp. Plan,
there's no point hearing the rezone. However --
CHAIRMAN NANCE: Okay, so we're going to take 9.A and
then 9.B.
MR. KLATZKOW: Yes, sir.
MR. OCHS: You don't swear in --
MR. KLATZKOW: You don't need to swear anybody.
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November 10, 2015
MR. OCHS: -- ex parte.
CHAIRMAN NANCE: Don't need to swear anybody in? Okay,
well, let's make sure we have ex parte covered. I will start.
I guess I don't have --
MR. OCHS: That's for 9.B.
CHAIRMAN NANCE: That's for 9.B. Okay, we'll just hold off
on that. So we don't have to do ex parte for 9.A.
MR. OCHS: Thank you.
CHAIRMAN NANCE: All right, let's let the petitioner --
MR. KLATZKOW: Before we commence, Commissioner Hiller,
you've got something to say?
COMMISSIONER HILLER: I do.
I've been advised by Counsel that I need to abstain on both 9.A
and 9.8.
Jeff, would you like to address that?
MR. KLATZKOW: Yeah, Randy Johns is a purchase contractor
for this parcel. We are all aware of Commissioner Hiller's very public
dispute with Mr. Johns.
I called the ethics folks up in Tallahassee, spoke with their
general counsel, and the consensus view is that Commissioner Hiller
not hear these items. And in fact my suggestion to Commissioner
Hiller is that she leave the room during this discussion.
COMMISSIONER HENNING: I have a question on that.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: That abstention is a conflict? Is
that --
MR. KLATZKOW: More of a bias than a conflict. She doesn't
have a financial interest in the -- in this proceeding. What she has is a
bias with respect to Mr. Johns here.
COMMISSIONER HENNING: We're going to see a form 6.B in
the future on the agenda?
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November 10, 2015
MR. KLATZKOW: Form B.B. In fact, I prepared one for
Commissioner Hiller's review and --
COMMISSIONER HENNING: Okay.
MR. KLATZKOW: -- execution.
COMMISSIONER HENNING: Bye.
COMMISSIONER HILLER: See ya.
COMMISSIONER HENNING: Are you going to lunch?
COMMISSIONER HILLER: Without you? Never. Wouldn't
dream of it. I'm going to wait. When you're done, it's you and me.
COMMISSIONER HENNING: No, it's you and Jeff.
CHAIRMAN NANCE: All right. Please proceed, sir.
MR. ARNOLD: Commissioners, good morning. I'm Wayne
Arnold with Q. Grady Minor and Associates, Professional Planner on
the project, representing contract purchaser for the property on a
small-scale amendment.
The project is just over five acres in size and located on the south
side of Immokalee Road just east of Valewood Drive.
And the meat of the discussion items would really be in the PUD
discussion, but for purposes of the Comprehensive Plan we're seeking
a small-scale amendment because the property is less than 10 acres and
it's to your Golden Gate Area Master Plan.
Your Golden Gate Area Master Plan does not permit commercial
office uses that we're seeking today. It allows two single-family
residences to be built on the property.
We have proposed the amendment in order to allow office only
development. And we've developed a very specific master plan that is
in your PUD ordinance that's the second item for discussion. But for
purposes of the Growth Management Plan amendment, I think it's fair
to say that, you know, oftentimes in this corridor you see that there are
several churches and those have been available to folks over the years
to ask for conditional uses in the Estates zoning district for a church.
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November 10, 2015
This property does not qualify for any conditional uses like a
church or a school, day care center, et cetera, et cetera, because the
county built its water management facility on the corner of Valewood
Drive and Immokalee Road. This site is prohibited then from
qualifying even for a transitional conditional use.
So through the efforts of the contract purchaser and myself and
the neighborhood association that's the Oakes Association, we had
numerous meetings with them to talk about specifics of this subdistrict
which allows offices only, and then the PUD was vetted with them as
well and has several conditions and inclusions that were the request
that the association made of us and our team.
So we had discussion. And obviously some of you may have
read the minutes from the Planning Commission hearing. We had no
opposition to the project other than staffs recommendation. And I
think it's fair to say that their issue was not so much what we're seeking
but the manner in which we're going there.
And it was sort of discussed in your prior presentation about, you
know, maybe we should just wait and let the Golden Gate Area Master
Plan work through the process. But I'm going to tell you, that process,
in my opinion, by the time you get to the Golden Gate Area Master
Plan and then you go through the necessary amendments and then you
go through the transmittal process, it's probably going to be four years
by the time -- and as I said at the Planning Commission, I don't really
need four years of study and waiting to know that two single-family
homes are not the most appropriate land use for this piece of property.
So we've provided all the necessary data. And MOike Timmerman
who's on our team, local economist, had done the analysis to
demonstrate that there really is a market for more office space.
Our client will tell you, if asked, that he's already 50 probably
percent pre-leased for people who will want to be there in largely the
medical office field.
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So there is a need. We think the use makes sense. I can talk to
you about everything else, but we've limited ourselves to single-story
and height in your Comprehensive Plan, 40,000 square feet. And then
again a lot of the details are in the PUD document.
But from a Small-Scale Plan Amendment process we think we've
done a good job. We've worked with our neighbors and I think that it's
fair to say I don't think this property should wait four years to change it
to become something else.
CHAIRMAN NANCE: Commissioner Henning, do you want to
COMMISSIONER HENNING: Yeah, this small-scale
amendment is not going to come back for another hearing and this is
the only hearing there is?
MR. KLATZKOW: Yes, sir.
COMMISSIONER HENNING: Okay. Well, I talked to my
Planning Commission member, Diane Ebert, who lives up there.
Understanding, you know, the hospital put in an emergency facility on
Collier Boulevard and Immokalee Road, there is a need for medical
office in this area.
Knowing, and this is very important, that your client has worked
with the good folks over there, the Oakes Advisory Board. I don't
know if they've emailed the other ones, but I've received several emails
stating we support this, we support this.
I'm going to make a motion to adopt the small-scale amendment.
COMMISSIONER FIALA: I second the motion.
CHAIRMAN NANCE: I want to just make some comments.
I think the petitioner is to be commended with the outreach that
they made. And I know, Commissioner Henning, because I know
several people in the neighborhood, how much they pay attention to
their neighborhood and how much they're interested.
I personally think that this is a very, very good transitional use of
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this property. I don't think that there's any expectation that it would be
a good site for single-family residences. I don't think anybody would
enjoy having a residence there. And I think this is a very appropriate
and thoughtful transitionary use, and I support your motion,
Commissioner Henning.
Commissioner Taylor?
COMMISSIONER TAYLOR: And I'm asking my colleagues
here, and perhaps staff also. I've wrestled with this, because the
argument that we want to locate commercial in activity centers is a
very important argument that I think it's a valid argument. And again,
we're not doing this, we're allowing -- I think the staff report basically
said it is in a sense spot zoning, it is -- it isn't putting this where there
would be an activity center or more commercial around it. So in a
sense it's kind of a sprawl.
The other flip side of course is who wants to put two
single-family homes there.
So talk to me. Tell me why -- I mean, is this your district?
COMMISSIONER HENNING: Let me tell you, it's interesting
that Nick stood up here and said we need to do improvements at our
major intersections. That's where activity centers are, is at our major
intersections.
So -- and in fact Collier Boulevard and 951, there's a large
activity center. And he's saying we need to do something here. I think
he's talking about a flyover. So when you add more of that instead of
strategically placing your needs, are you going to accelerate the need
for more intersection improvements? The whole activity center
concept is out the window. It was -- when they first set it up in the late
Eighties and Nineties, the whole concept is to have people go to these
activity centers at major intersections but have a loop road to service
them.
COMMISSIONER TAYLOR: To connect, right?
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November 10, 2015
COMMISSIONER HENNING: To connect all of the
intersections.
Give you an example, over there where the school administration
center is, Airport and Pine Ridge, okay, that was supposed to be a
connection to go all the way around. And what happens was you lost
those interconnections due to decisions, development. That was the
whole concept. It just doesn't work anymore to put, in my opinion,
more commercial in activity centers. Although I'm fearful of strip
zoning, this is not strip zoning.
COMMISSIONER TAYLOR: Because?
COMMISSIONER HENNING: Well, if you take a look at it, you
have a retention pond to the west and further to the west you have a
church. A great church, if you ever want to go there.
Over here you have -- to the east that's St. Monica's?
MR. ARNOLD: Yes.
COMMISSIONER HENNING: And further that you have --
what's the name of that place? Oh, you have a fire station in there.
MR. ARNOLD: Fire station, yes. And then a church.
COMMISSIONER HENNING: So it's not a commercial strip
zoning like you have on U.S. 41. You have some uses that are used on
Sunday night -- or Sunday, mainly and Wednesday night. And then
you have this one C-1 commercial for medical offices. So in my
opinion it's not strip zoning.
MR. ARNOLD: If I might interject, just another thing to
distinguish this. If you look across the street you have commercial
zoning and you also have public utilities available here, which is
unique to Golden Gate Estates. And I think this area being very
distinguishable from the other parts of Golden Gate Estates that are
largely east of Collier Boulevard.
But here I don't in my mind think that this is in any way negative.
And I think that our plan has to be able to change. And I have no
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doubt in my mind that it will change. I just don't think we need to wait
four years potentially for this change. Because I think we're at a point
where again the neighbors have been very satisfied and conditioned on
what they're going to get. I think they think -- if you ask a guy like
Carl Fry who was one of the folks that's involved, he will tell you that
would they prefer it to be a vacant lot forever? Yes. They understand
that's not feasible and if they don't take an advantage of this
opportunity where there was a negotiation with their association to put
limitations on this property, they may have lost that opportunity.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you.
I just put myself in the situation for a moment and thought would
I really want to build a single house on this piece of property,
surrounded by all of this activity and commercial areas and so forth
and right on Immokalee Road? I think not.
So putting common sense into this equation, I know what the plan
says, but I think in this case they didn't take into consideration what it
would be like to build a single-family home, actually two, on that piece
of property. So I am solidly behind the motion.
CHAIRMAN NANCE: Yes, I do think that it is a good
transitionary use. If you're familiar with that area, which I am, only
because I know a number of people in there, what it's going to do is it's
actually going to prevent more traffic from going on the residential
street. And I can't imagine anybody that would want to see their back
line fronting on Immokalee Road.
So Commissioner Taylor, I don't know if that answers your
concerns.
COMMISSIONER TAYLOR: Yeah, it helps.
CHAIRMAN NANCE: You know, it's not part of the plan, but I
think Mr. Arnold rightfully points out that I don't want to hold
somebody up from a really good project that I think is going to serve
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the community well for -- even though we have this planning process
going on.
So Commissioner Henning, I'm in support. And I believe -- did I
second it this time? Yeah, I think I did.
COMMISSIONER FIALA: You did.
CHAIRMAN NANCE: I think I did.
So any further comment?
(No response.)
CHAIRMAN NANCE: Hearing none, there's a motion and a
second.
All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
CHAIRMAN NANCE: All right, so that takes care of 9.A.
Item #9B
ORDINANCE 2015-63: RECOMMENDATION TO APPROVE AN
ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES COMPREHENSIVE ZONING REGULATION
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM AN
ESTATES (E) ZONING DISTRICT TO A COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT
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TO ALLOW UP TO 40,000 SQUARE FEET OF GROSS FLOOR
AREA OF COMMERCIAL DEVELOPMENT ON A 5.19± ACRE
PARCEL TO BE KNOWN AS THE SOUTHBROOKE CPUD,
LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD,
EAST OF VALEWOOD DRIVE IN SECTION 29, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND
BY PROVIDING AN EFFECTIVE DATE — ADOPTED
MR. OCHS: 9.B, sir, is the companion rezoning item to rezone
the property from Estates zoning district to commercial planned unit
development.
MR. KLATZKOW: And this does require swearing in.
CHAIRMAN NANCE: Okay, this requires --
MR. OCHS: And ex parte.
CHAIRMAN NANCE: -- swearing in, and then we'll do ex parte.
Ma'am, go ahead, please. All rise, if you wish to testify.
(All speakers were duly sworn.)
CHAIRMAN NANCE: Okay, ex parte.
Commissioner Henning?
COMMISSIONER HENNING: I received correspondence from
the Oakes community. I did talk to Randy Johns on this project.
That's it.
CHAIRMAN NANCE: Thank you. I've read the staff report, I've
had a meeting with Mr. Arnold representing the petitioner, I've had
calls from one of the contractors.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, I've also received a couple he
have emails from the community itself, which I was happy to receive,
by the way.
Also, I met with Wayne Arnold and Sharon Umpenhour of Grady
Minor. Read the staff report and spoke to staff.
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COMMISSIONER TAYLOR: And again I'll repeat what I did
before: Staff report, phone calls, meeting with Wayne Arnold and
emails supporting this.
CHAIRMAN NANCE: Okay, thank you.
Commissioner Henning?
COMMISSIONER HENNING: Yeah, I'm going to make a
motion to approve, along with the Planning Commission's
recommendations to move this petition forward.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There is a motion and a second. Is there
any discussion?
(No response.)
CHAIRMAN NANCE: Are there any public speakers, Mr.
Miller, at all?
MR. MILLER: No, sir.
CHAIRMAN NANCE: Okay, there's a motion and a second. No
further comment requested.
All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
CHAIRMAN NANCE: Okay, the motion passes 4-0.
MR. ARNOLD: Thank you so much.
Item #1 1 E
RECOMMENDATION TO APPROVE AN AWARD FOR
INVITATION TO BID #15-6531 "REPLANTING MEDIAN-RADIO
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ROAD EAST MSTU" TO AMADO LAWN SERVICE LLC, THE
LOWEST RESPONSIVE BIDDER, AND APPROVE BUDGET
AMENDMENTS IN THE AMOUNT OF $61,155. — MOTION TO
APPROVE USING GENERAL FUNDS, LEAVE THE MSTU
WHOLE AND DIRECTING STAFF TO GO AFTER THE
CONTRACTOR FOR REIMBURSEMENT WITH ANY FUNDS
THAT ARE RECOVERED RETURNED TO THE GENERAL
FUND — APPROVED
MR. OCHS: Mr. Chairman, Commissioners, that would take us
to your next time certain item that was marked for 11:30 a.m. That's
Item 11.E on your agenda.
This is a recommendation to approve an award for invitation to
bid No. 15-6531, replanting median Radio Road MSTU to Amado
Lawn Service, LLC, the lowest response bidder, and approved budget
amendments in the amount of$61,155. And Ms. Arnold will present.
MS. ARNOLD: For the record, Michelle Arnold.
As the County Manager indicated, this is an item to award a bid
for replanting on Radio Road East for the MSTU. I'm here to answer
any questions that you all might have on this item.
CHAIRMAN NANCE: Commissioner Taylor, then
Commissioner Henning.
COMMISSIONER TAYLOR: Good morning, Ms. Arnold.
So just a question about -- within the executive summary you
talked about additional routes being planned, and I'm a little concerned
because --
MR. OCHS: Excuse me, Commissioner Taylor, this is the Radio
Road East MSTU item --
COMMISSIONER TAYLOR: Forgive me.
MR. OCHS: -- I'm so sorry.
COMMISSIONER TAYLOR: No, that's my mistake.
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I don't have any questions on that.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: In the executive summary it says
the planting is -- replanting is due to lack of maintenance by the
previous contractor?
MS. ARNOLD: That's correct. We had Affordable Land
Planning that was our contractor, and he was the contractor for about
two years and performing well initially, and then unfortunately his
performance went south after a while.
COMMISSIONER HENNING: And we had a contract with
him?
MS. ARNOLD: Yes, we did.
COMMISSIONER HENNING: So when are we going to get
notified that the contractor is in violation of the contract? That's by
Florida statutes, the County Manager is not only supposed to diligently
enforce the contract, and when the contract is not performed, supposed
to bring it to the Board of Commissioners to --
MS. ARNOLD: I'm going to turn that over to our purchasing
director.
MS. MARKIEWICZ: Joanne Markiewicz, Director of
Procurement Services.
Commissioner, in late August we determined that there were
several issues with this contract. We asked the County Manager
during your recess to temporarily suspend the contract. That was in
late August. And then in early September you approved that motion.
In the meantime, sir, we have been working with the Sheriffs
Office and we've also been working with the County Attorney's Office
to look at the remedy steps for this particular contractor.
COMMISSIONER HENNING: So in September we approved
the new contractor.
MS. MARKIEWICZ: No, sir, you -- at the September -- the first
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September meeting you approved on the absentia agenda to suspend
any new work or any payments to this supplier.
COMMISSIONER HENNING: Okay. In the bid document that
went out to prospective contractors, the scope and work specifics, you
wrote in here that Radio Road East MSTU requires replanting of the
median on Radio Road between Santa Barbara and Davis.
The last sentence, and I really need to understand this, why it's put
in there: The county anticipates the work to exceed $50,000.
What's the purpose of telling the proposed bidders that make sure
your bids come in at over $50,000?
MS. MARKIEWICZ: Sir, about a year ago the Board requested
that we either document the historical spend on similar contracts, or if
we had an anticipated budget, that we brought that to the attention of
any prospective suppliers.
COMMISSIONER HENNING: We have I think two other -- I
don't think the Board did that. I don't think that was the intent of
saying make sure your bids are over a certain amount. We have two
other contract items on the agenda that don't say that. They did not say
how much utilities we anticipate it's going to cost. Doesn't say that.
Didn't say that in the bid specs. It doesn't say it for Hole-Montes, we
expect you to charge us over this amount. Doesn't say that. I mean, to
me this is not in the best interest of the taxpayers.
And Commissioners, what really concerns me is staff was
managing this contract, that the landscaping maintenance failed
because the contractor failed. They were managing it. It wasn't the
MSTU that was -- the citizens on the MSTU that was managing this
contract. In fact, they pay staff to manage the MSTU, including the
contract.
However, and this is where Leo and I disagree, is part of the
monies coming out of that will be coming out of the reserves of the
MSTU.
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I would like to see, and we've, you know, done this several times.
We've loaned Rock Road monies, their MSTU monies, front-loaded it
to make the improvements.
CHAIRMAN NANCE: Yes.
COMMISSIONER HENNING: Several budget amendments that
we have done on each agenda. And what I want to see is for the
monies come out of the county's reserves and let county go after the
contractor. And if the county receives any substantial funds from the
former contractor, that they put it back into the general fund and leave
the MSTU whole.
The people decided -- Commissioner Taylor, this was formed,
this MSTU, at a time when the economy was on a downturn, and they
wanted their road landscaping. They voted through a vote to -- for the
county to borrow money, put in the material and they will pay back the
loan.
I think it's bad policy to say, well, you know, the contractor that
we were supposed to manage didn't do his job and so you're going to
have to pay to have all that done.
COMMISSIONER FIALA: I agree.
COMMISSIONER HENNING: I'm going to make that motion.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: Yeah, I want to make a comment and
then I think we have some public speakers, Mr. Miller?
You know, when you get into a situation where you're taking care
of things that are living, breathing entities --
COMMISSIONER TAYLOR: You know this.
CHAIRMAN NANCE: I'm pretty familiar with that. And, you
know, there's a lot of blame that can go along when something fails
like this. Commissioner Henning, I can perfectly well support doing
that.
What really the concern that I have here is if you look at the time
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frame in which -- you know, we have a planting that perished right in
the middle of the growing season. Okay, that's during the rainy season.
So you wouldn't think that the planting was failing from lack of
irrigation. It's not like we were the in the middle of dry season and
things just dried up. So we had a contractor that didn't do the right
thing.
What I'm concerned with is, you know, this is a cost that we're
going to bear, and rightfully the county should bear it because staff
was being compensated to supervise it and ostensively prevent this sort
of thing from taking place.
But the thing that concerns me is losses like this and risks that
we're taking is taking place not because there's a crisis of management.
You know, on things like landscaping you get into trouble slowly and
you get out of trouble slowly. This is a clear indication to me of what
we have in a lot of our plantings in that we're not doing the right land
prep upfront and we have a very fragile infrastructure improvement
that we have a big investment in, and if we're not out there watching it
every day we suffer a substantial loss.
Now, this is a fairly small area. So you can just imagine what the
risk is -- and like I say, you know, we have 100 miles of median and so
on and so forth.
The point I want to make, and I know I'm going off the agenda a
little bit, Commissioner Henning. I'm supporting what you're saying,
but what I'm saying is we need to do better upfront and this is going to
stop some of this. Because some of the loss that we're going to have to
pay back here is actually embedded in our maintenance cost. Our
maintenance costs are so high because we have a fragile system and
we're not doing a real good job with the initial engineering and
planning of it and it's exposing us to things like this.
COMMISSIONER HENNING: Well, you know --
COMMISSIONER FIALA: What you're really saying is a base.
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You feel that we should do better at putting the base --
CHAIRMAN NANCE: We've got to give these -- let me just call
a spade a spade. We've got to give these plants a chance to live without
us being out there like an infant watching them every instant. We
should have enough strength in our program as a whole so that we can
survive somebody that doesn't do a good job and we don't have to run
out there every second. So I -- that's just an aside, Commissioner. I
apologize for that.
COMMISSIONER HENNING: You're spot on. And I think staff
is doing that.
On Radio Road, and this was a bone of contention when it was
widened, the contractor in the median was putting lime rock.
COMMISSIONER TAYLOR: See, leaching.
CHAIRMAN NANCE: It happens all the time. I watch it daily.
And I'm probably the one person that goes by going, oh, God.
COMMISSIONER HENNING: You know, staff has heard that.
So I think it has changed. And especially on Collier Boulevard, they're
putting in --
CHAIRMAN NANCE: They're trying to do a little better.
COMMISSIONER HENNING: Trying to do a little better, yeah.
CHAIRMAN NANCE: Well, I was encouraged. And I will say, I
hope that Mr. Casalanguida and his team over there in that discipline
goes ahead and works on putting together a little advisory committee.
You've had some citizens that have come forward, landscape
architects, horticulturists and others, that would love to help make that
continue to happen. I don't think we need a big formal advisory
committee, but if we could agree to have a committee to help staff
work on it, I believe we'd have a good outcome.
COMMISSIONER FIALA: It's all in the foundation.
CHAIRMAN NANCE: Would the Board like to hear from the
public speakers?
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November 10, 2015
COMMISSIONER FIALA: Sure.
COMMISSIONER TAYLOR: Yes.
CHAIRMAN NANCE: Let's proceed, Mr. Miller.
MR. MILLER: Mr. Chairman, two registered speakers on this
item. Your first speaker is Bill Kearny. He'll be followed by Dale
Johnson.
MR. KEARNY: Thank you, Commissioners. I'm Bill Kearny
from the community of Sapphire Lakes on Radio Road.
And I have two apologies. I have my comments written so I will
read them to save time, and the second is that I'm talking about
$61,000 when you spend a lot of time talking about millions of dollars.
But let me go on and really support what Commissioner Henning has
already presented.
Several years ago we the residents of the communities along
Radio Road, from Santa Barbara Boulevard to Davis Boulevard, voted
within our communities to support a millage increase that would
provide funding to complete needed landscaping within the medians
along Radio Road.
The county signed a contract with the landscaping company who
happened to be the lowest bidder. The work was completed and the
result was a total failure based on our expectations.
This contract has since been canceled and we understand that a
different company has been awarded the contract to repair and replace
faulty work.
Our concern is the financial package that is included with the new
contract and who is to pay for it. Will we the residents be expected to
cover the new additional cost by extending our millage increase that
was approved for the original work? Who is to be held responsible for
the inferior work done by the original company? The communities
along Radio Road have agreed to pay the cost of the first contract. Are
we expected to now pay additional costs for correcting the original
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inferior work that was approved?
Who is at fault for the mistakes made under the original contract?
Surely we the citizens should not have to cover the mistakes of others,
and neither should MSTU funds be used for such work.
If blame is to be cast, should it not be the county and appropriate
staff departments who are financially responsible for the payment of
these additional funds?
My hope is that you, our commissioners, agree and will do what
is right and fair. We have done what we were asked to do and really
should not be punished financially for these mistakes. Thank you.
MR. MILLER: Mr. Chairman, your final speaker on this item is
Dale Johnson.
MR. JOHNSON: Good morning. I am the chairperson of the
MSTU, and I'm always pleased to be here.
My one comment is that staff has supported us and working with
us very careful in the past two years since we've had the last contractor.
But sometimes it has taken time to make it work. And I won't go into
all the details. There were a lot of technical issues in the landscaping,
and the staff has been very supportive of us, of the committee and in
working and monitoring what was going on.
I would like to make one suggestion and that is related to the
Commissioners' comments that one of the issues we had was we were
mandated to select a different -- the lowest bidder for maintenance
after it was installed by a different contractor. And if it was possible
that the original contract could be extended and include one year of
maintenance beyond the actual installation so that the original
contractor is there to deal with plants as they die and warranty issues
and also to deal with all the issues related to construction after issues.
Because the MSTU has over the past three years paid for a lot of
additional work that had to be done because we no longer were dealing
with our original contractors.
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So I understand why we take the lowest bidder in the county.
That makes sense. But if we could extend that bid and include one --
at least one year of maintenance in the initial bid, I think we would end
up with a more positive result in the long run.
The new contractor -- we actually went through at least two
different maintenance contractors after the original contractor installed
the very unique landscaping. Unique to Collier County. We
deliberately planned it so that it was totally different with minimum
water -- no lawn, no grass, you know. And so it is as unique situation.
And I believe that our original contractor may have been able to more
effectively monitor it, because he would have been very
knowledgeable about what was going on.
As it turned out, two different contractors took over that
maintenance over the time and maybe were able to underbid because
they did not really know the issues involved.
COMMISSIONER HENNING: You know, I'm trying to
understand what you're asking. Who was the original contractor that
you want us to --
MR. JOHNSON: Well, in this case can I use company names? I
mean, it doesn't -- Hannula Landscaping installed was the one who
installed it and actually created it. And then once he turned it over to
the county we had a different -- we had another lawn care for three
months that took care of it. And then a new contract was issued and at
least one new contract which added another two years onto it. And
each time we did that, we struggled to make sure that the new folks,
the people who were working with it really understood, you know, the
construction and really understood what they needed to do.
I believe -- now, I'm not suggesting the name of any contractor,
because that's not (sic) my point is, but if somebody could have said
I'm going to build it and I'm going to follow through with it for a year
to make sure that everything is right, to cover my own warranties that I
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have for planting and then go out to bid for new maintenance. I don't
know if that would be more expensive doing it that way but I think in
the long run it would produce a better job in order to more effectively
monitor the installation.
COMMISSIONER HENNING: I think Amado needs to warranty
the work.
MR. JOHNSON: Right, Amado would. And really my issue
wasn't hardly at all over the new one. We're sorry that it has to be
done. I mean, originally when it was planned, that was never our
intent. You know, the intent was for us not to have to maintain it and
not to have to keep working on it. But because it wasn't maintained
and it wasn't really a water issue in this case, the case was simply lack
of care and careful management. Because it takes special care in the
kind of planting and the kind of design that we did.
CHAIRMAN NANCE: Okay, let's realize that these sorts of
plantings are really -- this is an institutional grade product. This
shouldn't be a high maintenance or -- you know, I know the intention
was not to have a high maintenance project. But the facts remain that
something went very wrong here. So what -- the only request that I'm
making is let's make a determination here what went wrong, and let's
ascertain if it's an underlying issue. If it's an underlying issue, let's fix
the underlying issue. If it's a plant selection problem or -- you know,
somebody's going to have to go in and apply -- you're going to have an
engineering analysis to know if it's the substrate making the problem,
if it's a lack of water or too much water. And then you're going to have
some horticultural -- you know, if this is a special planting and that's
what the residents wanted, they're either going to have to accept the
fact that they're going to have to have the appropriate person do it and
it might be at a higher cost of which they'll have to accept. But
everybody's got to get on the same page here. Clearly something is
amiss. And I certainly can't make that determination here, nor should
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I. But that's all I'm saying is we need to identify what went wrong so
we're not going to do something and have it reoccur.
MS. ARNOLD: Right. Commissioners, I don't think it was a
matter of the uniqueness of the plants or -- I mean, there was some
issues with the soil and that type of thing, but the reason why we're
here had nothing to do with the PH or anything else like that. It was
more a matter of the fact that our contractor was not doing the job that
they were hired to do. They were supposed to be out there for example
and bid the job to be out there 60 to 70 man hours, and we were lucky
if they were there towards the end of the project half that time.
So unless you're out there taking care of it -- and we're not talking
like you were saying every day. You know, I'll give you an example.
We told the contractor not to cut back the mimosa. They went back
and cut back the mimosa.
CHAIRMAN NANCE: Oh, so it's more of a horticultural issue.
MS. ARNOLD: Exactly. And --
CHAIRMAN NANCE: Is this a bromeliad issue also, or no?
MS. ARNOLD: There were some bromeliads in there where
some were failing, the smaller variety. And they were supposed to be
removed and replaced.
CHAIRMAN NANCE: Okay, let's make certain on that that we
don't have a wheel issue that we've misidentified, okay? Because there
are some bromeliads that can't be successful in Collier County
anymore because of invasive weevils; I don't know if you know that.
MS. ARNOLD: Yeah.
CHAIRMAN NANCE: But if that's the case, then that's on
somebody's spec. If they're specifying neoregelias, they're not going to
make neoregelias live. So please don't put them back.
MS. ARNOLD: Right.
CHAIRMAN NANCE: And if that's the designer's error then the
designer should be responsible for calling for a plant that can't live
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November 10, 2015
here.
MS. ARNOLD: Right.
CHAIRMAN NANCE: Okay, thank you.
So we have a motion and a second. Any further discussion?
(No response.)
CHAIRMAN NANCE: Mr. Ochs, you've got a methodology, sir,
to rectify the situation that you think is appropriate?
MR. OCHS: I understand Commissioner Henning's motion and
the second, yes, sir.
That would be moving the $36,700 portion of the cost of the
project to the unincorporated area 111 fund. Correct, sir, Mr.
Henning?
COMMISSIONER HENNING: The total project, yes. Total
project from 111.
CHAIRMAN NANCE: Any further discussion?
(No response.)
CHAIRMAN NANCE: All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Okay, it passes 4-0.
COMMISSIONER TAYLOR: And just another comment. And I
don't know, there seems to be some difference of opinion about what
should go into bid sheets, but I would agree, we just -- you don't play
your hand before you sit down at the table. So if there's something in
our ordinances or some policies, I think we probably should revisit that
so that we don't go to someone and say, you know, we think it's going
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to cost $50,000 so do your best shot. I'm having problems with that.
I don't know where to go with it but maybe it's something we
need to workshop, Mr. Ochs, I don't know.
MR. OCHS: Commissioner, I'll bring that back for clarification
at a policy level from the Board. I don't think we need a workshop.
COMMISSIONER TAYLOR: Okay, that's fine.
CHAIRMAN NANCE: It is now 12:09. How many items do we
have, Mr. Ochs?
MR. OCHS: You have one staff item and you have your public
comments. And then --
CHAIRMAN NANCE: What's the will of the Board? You want
to go ahead and knock these out before we try to wrap it up?
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER FIALA: Yes.
CHAIRMAN NANCE: Okay, let's make a run at it, Mr. Ochs.
Item #11C
RECOMMENDATION TO APPROVE AWARD OF RFP #15-6424,
MANAGEMENT SERVICES CONTRACT FOR THE COLLIER
AREA TRANSIT (CAT) FIXED ROUTE AND PARATRANSIT
PROGRAMS, TO MEDICAL TRANSPORTATION
MANAGEMENT, INC., D/B/A SOUTHEAST MTM, INC. (MTM)
FOR SCHEDULING AND DISPATCH SERVICES AND TO MV
TRANSPORTATION, INC. FOR TRANSIT OPERATION
SERVICES — APPROVED
MR. OCHS: Yes, sir. That takes you to Item 11.C, which is a
recommendation to approve the award of RFP 15-6424. That's the
management services contract for the Collier Area Transit Fixed Route
and Paratransit Programs.
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November 10, 2015
Ms. Arnold will present or respond to questions from the Board.
CHAIRMAN NANCE: Questions? Commissioner Taylor?
COMMISSIONER TAYLOR: Yeah, so I'll sort of rewind here
and ask you, it seems that in executive summary the contract is a little
open. We talk about additional routes but you don't talk about what
they are. We've just gone through the AUIR process. You probably
know what they are.
So to me it seems that these -- you're telling us it's going to cost
more money, they will have to go out to bid, or now that they're going
to be hired by us they can kind of name their own price. Can you
please explain that? Thank you.
MS. ARNOLD: Again for the record, Michelle Arnold.
The actual contract that is being brought to you is setting the price
for revenue hours, for example. And that's what we run our fixed route
system on. So in the executive summary we talk about new routes
potentially.
We have a 10-year plan, a transit development plan that you all
see and identifies future routes. But any of those future routes will
have to be brought back to the Board for your consideration and
determination whether or not we move forward.
This contract is actually setting that revenue hour cost. So if we
were to add 100 revenue hours, you know today what that cost is going
to be. If we don't do it that way, you risk -- and effort we have a new
route, for example, coming back to you all and bidding it separately,
then you risk a higher cost.
This is setting the cost and giving us a known revenue hour cost
over the next -- or the life of this contract.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN NANCE: Okay, any other questions?
Commissioner Henning, any questions on 11.C, sir?
(No response.)
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November 10, 2015
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: There's a motion to approve and a
second.
Any further discussion?
(No response.)
CHAIRMAN NANCE: None noted.
All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
CHAIRMAN NANCE: It's approved 4-0.
MS. ARNOLD: Thank you.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Commissioners, that takes us to Item 7, public
comments on general topics not on the current or future agenda.
MR. MILLER: Mr. Chairman, I have one registered speaker.
Christopher Specht.
MR. SPECHT: Good afternoon, Commissioners. My name is
Christopher Specht. I actually own a transportation business in Lee
County but we do come across the border quite often, bringing
customers down to Collier County.
I was not alone in being very upset hearing the preliminary vote at
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the last meeting contemplating the total deregulation of the
vehicle-for-hire industry.
CHAIRMAN NANCE: Mr. Specht, do you realize it's coming
back as an agenda item? It's coming back as a consideration of an
ordinance. You're aware of that, are you not?
MR. SPECHT: I believe it may be coming back. I don't --
CHAIRMAN NANCE: I believe it's -- is it coming back, Mr.
Klatzkow?
MR. KLATZKOW: Next meeting, sir.
CHAIRMAN NANCE: Okay, it's going to come back at our
December 8th meeting. So everyone's going to have a chance to
discuss this issue in detail.
That having been said, do you have any comments other than on
that item?
MR. SPECHT: No, sir.
CHAIRMAN NANCE: I would courteously invite you to come
back at that time and address this item, because it is on a future agenda.
MR. SPECHT: Next meeting. Thank you.
CHAIRMAN NANCE: Thank you, sir, I appreciate it.
COMMISSIONER TAYLOR: That's it?
CHAIRMAN NANCE: That's it, Mr. Miller?
MR. MILLER: That was my only registered speaker, sir.
CHAIRMAN NANCE: All right, where are we, Mr. Ochs? We
have —
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Item 15, sir. Staff and Commission general
communications.
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November 10, 2015
Nothing from me today.
CHAIRMAN NANCE: Do you have any -- what do we have for
workshops, anything in the queue for the first part of the year at all, sir,
or not?
MR. OCHS: Not at this moment, Commissioner.
CHAIRMAN NANCE: Nothing yet. All right.
Commissioner comments. Commissioner Henning, would you
like to give us your wisdom before lunch?
COMMISSIONER HENNING: Well, that's debatable.
CHAIRMAN NANCE: Okay.
COMMISSIONER HENNING: But observation. The Pine Ridge
Center West was on our consent agenda to add an additional 40,000
square feet. That is where the Kraft building is.
CHAIRMAN NANCE: Yes, sir.
COMMISSIONER HENNING: That's going to add more trips
on the -- in that area. So I know it's a smart thing to do to utilize our
existing lands to add commercial. You're all going to have to do
something after I leave. That's all I'm going to say. You just can't, you
know, wish it goes away, like some. We're going to have to deal with
it.
CHAIRMAN NANCE: You know, if we don't have some goods
and services and jobs in the east and we continue to rely on only the
development patterns that we currently have, we're going to continue
to have over-utilized east-west corridors. Every single one of them is
going to be bumper to bumper until we get some capture.
That's why I'm hopeful that a thoughtful growth management plan
updates are going to encourage and enable that capture out east. It's
going to be essential. We can't -- you know, we've got to turn the
traffic around. We've got to actually use our roads in two directions, or
we're going to have to start putting some in that are unidirectional.
You know, Mr. Casalanguida and I laughed the other day, I said we
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November 10, 2015
need to put Vanderbilt Beach Road in as a westbound road in the
morning and an eastbound road at night. Or we're going to have to go
outside the lines if we don't back up what -- you know, I think we're all
talking about the right things, but we need to start acting on them and
not just saying well, you know, the philosophy is good but we've got to
pull the trigger.
COMMISSIONER HENNING: Well, Commissioner, I'll be
sitting on the sidelines watching the three of your leadership and
demanding that in the fringe that you have those elements for the
people that live in Golden Gate Estates; they have a job, they don't
have to come all the way to the coast to the work. And also the rural
stewardship area with Barron -- or Collier Enterprises coming through
with their project.
That can be an attracter for jobs. So we can't let people off the
hook. They need to be a part of the solution, not part of the problem.
COMMISSIONER TAYLOR: Here, here.
COMMISSIONER HENNING: So thank you.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. We need to make sure we
build the housing there to keep them there so they don't have to come
all the way in every time, so that they can work and live there. And I
totally agree with you. Smart planning, yes.
It's been an enjoyable meeting. Thank you very much.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: A couple of things. I did make a
request, and I'm bringing it to you now, to see if there's any support
before we actually act on the ordinance to workshop the transportation
issue.
We've got some time. Our ordinance is still in effect. And I think
it would be very, very helpful to spend some time to look at it and to
really weigh the options.
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November 10, 2015
CHAIRMAN NANCE: Well, let -- my suggestion is let's -- I
think on an advertising and consideration of the ordinance that we're
going to have a very vigorous public involvement at the time. I think
industry people and I think the public will have an opportunity to do
that. And I don't think that the Board is actually obligated to doing
anything if the Board feels as a group that keeping the status quo is
more appropriate. So I would say let's let the process and the
discussion continue. I don't know that we're going to necessarily -- I
don't know that there's support for reconsideration. I think you would
have to move more than one vote and I don't see anybody applying. I
think we only have one more meeting, right?
COMMISSIONER TAYLOR: And it's a pretty packed meeting
in December, also. Very packed.
CHAIRMAN NANCE: That would just be a meeting for
reconsideration. When is -- no?
MR. KLATZKOW: No, you don't need a reconsideration if you
choose not to adopt the ordinance.
CHAIRMAN NANCE: When is the ordinance going to come up
for discussion?
MR. KLATZKOW: Next meeting, sir.
CHAIRMAN NANCE: December 8th.
MR. KLATZKOW: Next meeting, sir.
COMMISSIONER TAYLOR: And, I mean, the meeting, we've
got Haldeman Creek, we've got --
CHAIRMAN NANCE: It's going to be an action-packed
meeting.
COMMISSIONER TAYLOR: It's going to be a couple days.
CHAIRMAN NANCE: Unlike today.
COMMISSIONER TAYLOR: Get our rest, right?
COMMISSIONER FIALA: Make sure we reserve Wednesday
following the meeting, because it will probably be held over.
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November 10, 2015
COMMISSIONER TAYLOR: And maybe we -- if it's the wish
of this Commission that we don't workshop it, I would appreciate a
time certain on the transportation. And the Haldeman Creek. The big
issues that we've continued again and again.
CHAIRMAN NANCE: Let's see what that --
COMMISSIONER TAYLOR: But not Thursday. No Thursday.
Just keep it Tuesday and Wednesday.
CHAIRMAN NANCE: You're saying we're going to need three
days?
COMMISSIONER TAYLOR: Have you figured out how many
stuff we're continuing?
CHAIRMAN NANCE: I don't think the Chairman's going to
even permit that, I don't know, probably not.
Mr. Ochs is going to be wanting to get his turducken ready.
COMMISSIONER FIALA: Turducken.
CHAIRMAN NANCE: Nobody knows what that is, right?
COMMISSIONER FIALA: I do. Turkey, duck and chicken.
CHAIRMAN NANCE: Well, he just told me he was going to
Baton Rouge so I asked him if he was having turducken, and he's like,
what's that?
COMMISSIONER TAYLOR: And there's one more thing. So
we're going to keep it on the agenda then? No workshop, correct?
COMMISSIONER FIALA: I don't think we have time to do it
before then anyway.
COMMISSIONER TAYLOR: Yeah, but that's all right. Because
the ordinance is still in place. So we could workshop it in January.
CHAIRMAN NANCE: The ordinance is going to remain in
place until it isn't.
COMMISSIONER TAYLOR: Right. That's the thing that I kind
which realized. So we've got some time if there was the will of the
Commission to move it to a workshop date in 2016.
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November 10, 2015
CHAIRMAN NANCE: I think we just ought to have the
discussion at the time it comes up and bring everybody in here. I think
until we bring everybody in here we're not going to know anyway. If
we can kick the can down the road, let's just bring it to a --
COMMISSIONER FIALA: At that time we can bring it up --
CHAIRMAN NANCE: -- to an agenda item.
COMMISSIONER FIALA: -- and discuss it if we need to.
CHAIRMAN NANCE: Yes, ma'am.
COMMISSIONER TAYLOR: Okay, there's two other small
things. On the consent agenda, 16.E.4, which had to do with the
surplus change orders and work orders, surplus property, do you think
we could get and just have it as a standard that we can get a dollar
figure attached to surplus property? Because according to the Clerk's
Office this time on consent agenda was $1.9 million of surplus. I think
if we could just attach it to that going forward, I think it would be very
helpful. And it is as it's on this consent agenda also.
COMMISSIONER FIALA: What would we do with that figure?
COMMISSIONER TAYLOR: It's just full disclosure. Just
transparency. You know, we're surplusing it, that's fine. But it's a
pretty big amount.
MR. OCHS: Commissioner, let me take a look at that. I'm sure
we can --
CHAIRMAN NANCE: Let's figure how much it would cost for
us to do that. I don't want to spend thousands of dollars estimating
stuff that we're apparently either giving away, throwing away or --
COMMISSIONER TAYLOR: But they have to do it anyway,
right?
CHAIRMAN NANCE: -- declaring it's not going to be any
further use to the public.
MR. OCHS: I'll bring back a report to the Board.
CHAIRMAN NANCE: Thank you.
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November 10, 2015
COMMISSIONER TAYLOR: And then finally, I appreciate Mr.
Casalanguida working with the Clerk's Office about the subs and the
agreement. It was on the consent agenda and I agreed to it.
I'm going to tweak it a little bit and just a request. Do you think
we could put a threshold by which subs are required to bid? And I'm
not talking about a $15,000 job. And I'm not asking you to answer me
now. If you could just consider it and have some threshold. If the job
is 80,000, then those subs better be bidding on it. Or if the job is
50,000. I don't know what the magic figure is. Just, you know, if we
could look at it.
MR. OCHS: There is consensus here?
CHAIRMAN NANCE: My question is do these subcontractors
always have the necessary licensing to allow them to work directly like
that? Don't you have to have a general contractor's license to perform
some of these activities?
MR. CASALANGUIDA: No, sir.
CHAIRMAN NANCE: No?
MR. CASALANGUIDA: Not if you're a subcontractor to the
general. But if you --
CHAIRMAN NANCE: Okay, so what enables them to be a
subcontractor sufficient?
MR. CASALANGUIDA: It does. They have to be licensed in
the trade they work in. In other words, if they're an electrician, they
need to be a licensed electrician.
I can do that analysis with CBIA. If the Board's will is to come
back and me work with CBIA, I'm happy to do that and give you that
information.
COMMISSIONER FIALA: Does this add a lot more money to
each contractor --
MR. CASALANGUIDA: Well, as Commissioner Taylor pointed
out, if you're doing a small job, they won't do it. They just won't try
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November 10, 2015
and line up subs to come look at, you know, a partition wall. Just the
GC gives you a fixed quote price that says it's a $15,000 wall that
includes my subs. If we were to include line items for the subs, they
just wouldn't do it. It wouldn't be worth their time.
Now on larger projects I'd probably work with the CBIA vendors
and probably the surety folks that do our work and ask them the
question, you know, would it be complicated to do that.
COMMISSIONER TAYLOR: That's good. I mean, just get a
frame around it. Thank you.
COMMISSIONER HENNING: You know, there should be a
concern about contracts expanding using subs. They should be used if
that contractor doesn't have the expertise to do the job. Like it was
said, and I think this was the intent of the County Manager, is a
contractor does vertical construction but he doesn't dues concrete, all
right? But if you -- it could be a slippery slope and you have to watch
it, is you have a general contractor hiring subs to do everything. And
then all -- you're getting paid 20 percent to manage a contract. Why
wouldn't you want to do that? You wouldn't have to do anything.
COMMISSIONER TAYLOR: Well, you could do more. All of
a sudden you're a huge company.
COMMISSIONER HENNING: Right. And all you're doing is
facilitating getting somebody else doing the work. That is not the
intent, correct?
MR. CASALANGUIDA: Well, for a GC it is. I mean, a good
GC will have a list of subs that they work with. And for a general
contractor, their reputation is based on them assuming the risk. Under
the Florida Statute when we enter into a contract with the general, he's
liable for all the sub's work. So if he doesn't bring quality subs on, he's
the one we go after contractually. So that's the challenge. In the
private sector, sir, your general will put the bid together knowing he
can trade out subs even in midstream.
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November 10, 2015
COMMISSIONER HENNING: You're talking about a building.
What about a road?
MR. CASALANGUIDA: Roads a little different. Sometimes
they outline subcontractors, but they can swap them out as well too.
COMMISSIONER HENNING: What about materials such as
office supplies?
MR. CASALANGUIDA: That's different.
COMMISSIONER HENNING: That's what I'm talking about.
MR. CASALANGUIDA: Yeah. And I think your comment is
very good, sir.
One thing we've learned is it's contract management. And the
feedback we received from CBIA was if you had a -- you could write
these specs a little tighter, that would make our jobs easier and you'd
be able to manage them better. And we've taken that into
consideration.
CHAIRMAN NANCE: Well, at the end of the day it's making
sure you have qualified vendors and getting the lowest possible price
for the good of the public. So, you know, as long as we've got all
elements of that process working -- I'm concerned about the bottom
line price. You know, if all of a sudden we decide that we don't have
vendors -- you know, we have vendors that can't do the work or are not
qualified properly through our process, then I'm going to start being
worried about it. But that being -- everybody feeling good about that,
it's a bottom number to me.
Any further comments?
COMMISSIONER TAYLOR: That's it.
CHAIRMAN NANCE: No more goodness -- no more good work
for the public, we'll declare --
MR. MILLER: Victory.
CHAIRMAN NANCE: -- this meeting over. We're adjourned.
Thank you.
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November 10, 2015
**** Commissioner Hiller moved, seconded by Commissioner Fiala
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16A1
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $131,540 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20150000451) FOR WORK
ASSOCIATED WITH WINDING CYPRESS UNIT 3 — WORK
ASSOCIATED WITH THIS SECURITY HAS BEEN INSPECTED
AND THE DEVELOPER HAS FULFILLED HIS COMMITMENTS
Item #16A2
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
REFLECTION LAKES AT NAPLES, PHASE 3A, PL20130001000,
AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, RELEASE THE FINAL ACCEPTANCE
OBLIGATIONS BOND IN THE TOTAL AMOUNT OF $4,000 TO
THE PROJECT ENGINEER OR THE DEVELOPER'S
DESIGNATED AGENT — FINAL INSPECTION WAS
COMPLETED ON SEPTEMBER 9, 2015 AND WORK WAS
FOUND TO BE SATISFACTORY AND ACCEPTABLE
Item #16A3
FINAL ACCEPTANCE OF WATER FACILITIES FOR LELY
PALMS ADULT COMMUNITY LIVING FACILITY,
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November 10, 2015
PL20110002460, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) IN THE AMOUNT OF $2,954
TO THE PROJECT ENGINEER OR THE DEVELOPER'S
DESIGNATED AGENT — FINAL INSPECTION WAS
COMPLETED ON JULY 31, 2015 AND WORK WAS FOUND TO
BE SATISFACTORY AND ACCEPTABLE
Item #16A4
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
LIPARI-PONZIANE, PL20130002052 — FINAL INSPECTION
WAS COMPLETED ON JULY 11, 2014 AND WORK WAS
FOUND TO BE SATISFACTORY AND ACCEPTABLE
Item #16A5
TIME EXTENSIONS TO JOINT PARTICIPATION AGREEMENT
CONTRACTS WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR CEI AND CONSTRUCTION
SERVICES, AND TO ALLOW ADDITIONAL WORK TO BE BID
AS PART OF THE FDOT RESURFACING PROJECT ON SR951
FROM FIDDLER'S CREEK PARKWAY TO SOUTH OF SR 90
(US41), ALONG WITH COUNTY'S US41 AND SR/CR-951
INTERSECTION PROJECT; PROJECT #60116. ESTIMATED
AMOUNT IS $63,000 — TIME EXTENSIONS ARE NECESSARY
TO RECONNECT AN EXISTING OFF-SITE STORMWATER
SYSTEM TO THE PROPOSED ROADWAY SYSTEM
Item #16A6
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November 10, 2015
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF WATER UTILITY FACILITIES FOR 32 CARIBBEAN ROAD,
PL20130001739, AND AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $4,801.62 TO THE
PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED
AGENT — LOCATED OFF OF PINE RIDGE ROAD, EAST OF
GOODLETTE-FRANK ROAD
Item #16A7
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
VERCELLI, PHASE 1, PL20130002056 — LOCATED WITHIN
THE TREVISO BAY COMMUNITY
Item #16A8
RECORDING THE MINOR FINAL PLAT OF LAGOMAR AT
FIDDLER'S CREEK - REPLAT, APPLICATION NUMBER
PL20150002068 — THE DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
BEING ISSUED A CONSTRUCTION PLAN FINAL APPROVAL
LETTER
Item #16A9
RECORDING THE FINAL PLAT OF LEGACY LAKES,
(APPLICATION NUMBER PL20140002259) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
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November 10, 2015
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — THE DEVELOPER MUST
RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO BEING ISSUED A CONSTRUCTION
PLAN FINAL APPROVAL LETTER
Item #16A10
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
RIVERSTONE PLAT 4, PL20130001741, AND AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE AMOUNT OF $4,000 TO
THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED
AGENT — FINAL INSPECTION WAS COMPLETED ON
AUGUST 20, 2015 AND WORK WAS FOUND TO BE
SATISFACTORY AND ACCEPTABLE
Item #16A11
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF WATER AND SEWER UTILITY FACILITIES FOR
RIVERSTONE PLAT 2, PL20130000609, AND AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE AMOUNT OF $4,000 TO
THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED
AGENT — FINAL INSPECTION WAS COMPLETED ON
AUGUST 20, 2015 AND WORK WAS FOUND TO BE
SATISFACTORY AND ACCEPTABLE
Item #16Al2
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November 10, 2015
RECORDING THE FINAL PLAT OF WARM SPRINGS,
(APPLICATION NUMBER PL20150001870) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — A DEVELOPMENT AT THE
INTERSECTION OF COLLIER BLVD AND TREE FARM ROAD
Item #16A13
RECORDING THE FINAL PLAT OF VIANSA AT TALIS PARK,
(APPLICATION NUMBER PL20150001986) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — THE DEVELOPER MUST
RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO BEING ISSUED A CONSTRUCTION
PLAN FINAL APPROVAL LETTER
Item #16A14
RECORDING THE FINAL PLAT OF ISLES OF COLLIER
PRESERVE PHASE 7, (APPLICATION NUMBER
PL20150001904) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY— THE DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
BEING ISSUED A CONSTRUCTION PLAN FINAL APPROVAL
LETTER
Item #16A15
Page 123
November 10, 2015
A TEMPORARY USE AGREEMENT ALLOWING FOR
EXISTING IMPROVEMENTS OWNED BY THE STRAND AT
NAPLES, LLC, TO REMAIN AND ENCROACH UPON A RIGHT-
OF-WAY OWNED BY COLLIER COUNTY ALONG THE
EASTERLY-MOST AND UNDEVELOPED STRETCH OF THE
VETERAN'S MEMORIAL BOULEVARD RIGHT-OF-WAY —
ENCROACHMENTS INCLUDE PORTIONS OF A GOLF CART
PATH, PLANT BEDS, IRRIGATION EQUIPMENT AND A
SMALL RESTROOM BUILDING
Item #16A16
INVITATION TO BID (ITB) #15-6491R, IRRIGATION PARTS,
PUMPS, AND RELATED ITEMS AWARDED TO FLORIDA
IRRIGATION SUPPLY, INC. FOR IRRIGATION PARTS AND
NAPLES ELECTRIC MOTOR WORKS, INC., FOR PUMPS,
EACH COMPANY BEING THE LOWEST, QUALIFIED,
RESPONSIVE BIDDER IN EACH CATEGORY — ESTIMATED
ANNUAL AGENCY EXPENDITURES ARE $217,500
Item #16A17
CLERK OF COURTS RELEASE OF A CASH BOND IN THE
AMOUNT OF $3,760 POSTED AS A GUARANTY FOR WORK
ASSOCIATED WITH GROUP PRESIDENT ELECTRONICS,
USA, EARLY WORK AUTHORIZATION (EWA) PL20150001774
— WORK ASSOCIATED WITH THE BOND WAS COMPLETED
AND THE SITE DEVELOPMENT PLAN WAS APPROVED
SEPTEMBER 25, 2015
Item #16A18
Page 124
November 10, 2015
RESOLUTION 2015-225: AMENDING EXHIBIT "A" TO
RESOLUTION NO. 2015-135, THE MASTER LIST OF SPEED
LIMITS ON COUNTY MAINTAINED ROADS, AUTHORIZE
STAFF TO IMPLEMENT 20 MPH SPEED LIMITS FOR
SPECIFIED STREETS WITHIN THE LELY RESORT
COMMUNITY AND TO WORK TO HAVE APPROPRIATE
SIGNAGE INSTALLED ON THE DECORATIVE POSTS IN
THAT COMMUNITY AS NECESSARY
Item #16A19
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $48,780 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER 60.108,
(PL20130001985) FOR WORK ASSOCIATED WITH MARISLEA
VILLAS — WORK ASSOCIATED WITH THE SECURITY HAS
BEEN INSPECTED AND THE DEVELOPER HAS FULFILLED
COMMITMENTS
Item #16A20
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $189,862.82 FOR PAYMENT OF $897.50,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. ZACK MOEN AND
GRETCHEN MOEN, CODE ENFORCEMENT SPECIAL
MAGISTRATE CASE NO. CEPM20090007445, RELATING TO
PROPERTY LOCATED AT 4645 13TH AVENUE SW, COLLIER
COUNTY, FLORIDA — PROPERTY WAS BROUGHT INTO
COMPLIANCE AUGUST 4, 2015 BY NEW OWNER, MBLS, LLC
Page 125
November 10, 2015
Item #16A21
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $91,809.89 FOR PAYMENT OF
$2,259.89, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. MORAD
BAHRAMI, CODE ENFORCEMENT SPECIAL MAGISTRATE
CASE NO. CEPM20110002763, RELATING TO PROPERTY
LOCATED AT 841 BLUEBIRD STREET, COLLIER COUNTY,
FLORIDA — PROPERTY WAS BROUGHT INTO COMPLIANCE
ON MAY 4, 2012 AND THE NEW OWNER IS REQUESTING A
WAIVER OF THE ACCRUED FINES
Item #16A22
RELEASE OF THIRTY-SEVEN (37) CODE ENFORCEMENT
LIENS/ORDERS WITH AN ACCRUED VALUE OF $326,703.07
FOR PAYMENT OF $8,953.07, IN RELATION TO TWENTY-
NINE (29) CODE ENFORCEMENT ACTIONS IN A
DEVELOPMENT KNOWN AS DIAMOND SHORES, LOCATED
ON STATE ROAD 951 IN COLLIER COUNTY, FLORIDA — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16A23
RECOGNIZING THE MULTI-YEAR JOINT PARTICIPATION
AGREEMENT BETWEEN FLORIDA DEPARTMENT OF
TRANSPORTATION AND COLLIER METROPOLITAN
PLANNING ORGANIZATION THAT INCLUDES FEDERAL
PASS-THROUGH 49 USC §5305(D) FUNDING AND TO
AUTHORIZE NECESSARY BUDGET AMENDMENTS FOR
Page 126
November 10, 2015
GRANT REVENUE IN THE AMOUNT OF $124,295 WITH A
LOCAL MATCH OF $13,811 — LOCAL FUNDS PROVIDED BY
COLLIER COUTY, CITY OF NAPLES AND THE CITY OF
MARCO ISLAND
Item #16A24
THE SOVEREIGNTY SUBMERGED LANDS EASEMENT FOR
THE DOCTOR'S PASS DREDGING COMPLEX — REQUIRED BY
FDEP TO DREDGE FILL MATERIAL FROM THE PASS
Item #16A25
INCREASING A PURCHASE ORDER FOR OUTSIDE COUNSEL,
SMOLKER BARTLETT LOEB HINDS & SHEPPARD P.A., IN
THE AMOUNT OF $30,000 FOR ANTICIPATED ATTORNEY
FEES IN SUPPORT OF EMINENT DOMAIN LITIGATION FOR
US-41/COLLIER BOULEVARD INTERSECTION
IMPROVEMENT PROJECT NO. 60116 — NINE PARCELS
REMAIN FOR THIS PROJECT AND CASES ARE EXPECTED
TO BE RESOLVED THROUGH MEDIATION
Item #16A26
GRANTING AN EASEMENT TO SOUTH FLORIDA WATER
MANAGEMENT DISTRICT TO PROVIDE ACCESS TO A BOAT
RAMP BEING INSTALLED TO MAINTAIN COCOHATCHEE
CANAL FOR THE CONSTRUCTION OF ROADWAY AND
BRIDGE IMPROVEMENTS ALSO KNOWN AS THE
COLLIER BOULEVARD EXTENSION — THE CANAL MUST BE
RE-ALIGNED TO MAKE IMPROVEMENTS TO THE COLLIER
Page 127
November 10, 2015
BOULEVARD AND IMMOKALEE ROAD INTERSECTION
Item #16D1
AMENDMENT #3 TO THE DEVELOPER AGREEMENT WITH
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. FOR
THE NEIGHBORHOOD STABILIZATION (NSP) PROGRAM 1
AND AMENDMENT #6 TO THE DEVELOPER AGREEMENT
WITH HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC. FOR THE NEIGHBORHOOD STABILIZATION (NSP)
PROGRAM 3 TO INCORPORATE RESALE PROVISIONS
Item #16D2
AMENDING THE INTERLOCAL AGREEMENT WITH LEE
COUNTY RELATED TO THE LEASE OF A BUS BEING USED
FOR THE EXISTING PUBLIC TRANSIT ROUTE BETWEEN LEE
AND COLLIER COUNTIES — EXTENDS THE AGREEMENT
AND PROVIDES FOR NEW TERMS TO AUTOMATICALLY
EXTEND FOR SUCCESSIVE ONE-YEAR PERIODS
Item #16D3
RECOGNIZING INTEREST EARNINGS AND A BUDGET
AMENDMENT TO ROLL FORWARD $334.48 INTO THE
LIBRARY'S STATE AID GRANT FUND — FOR INTEREST
EARNED ON ADVANCED LIBRARY FUNDING RECEIVED
FROM FLORIDA DEPARTMENT OF STATE TO SUPPORT
LIBRARY SERVICES AND EQUIPMENT
Item #16D4
Page 128
November 10, 2015
ACCEPTING REVENUE FOR COLLIER AREA TRANSIT BUS
SHELTERS IN THE AMOUNT OF $55,000 AND ALL
NECESSARY BUDGET AMENDMENTS — RECEIVED FROM
THE DEVELOPERS OF THE ARROWHEAD RESERVE PUD
FOR A SHELTER IN THE PUD'S COMMERCIAL AREA AND
OF THE HIBISCUS RPUD FOR A CAT STATION/FACILITY ON
RATTLESNAKE HAMMOCK ROAD
Item #16D5
RESOLUTION 2015-226: AUTHORIZING A JOINT
PARTICIPATION AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF
$100,000, FUNDED 50% BY FDOT AND 50% BY COLLIER
COUNTY TO DEVELOP A MOBILE PHONE APPLICATION
FOR COLLIER AREA TRANSIT; APPROVE A RESOLUTION
AUTHORIZING THE CHAIR TO SIGN THE AGREEMENT; AND
ALL NECESSARY BUDGET AMENDMENTS
Item #16D6
AWARD INVITATION TO BID #15-6510 TO CUSTOM BUILT
MARINE CONSTRUCTION, INC., THE LOWEST, QUALIFIED,
RESPONSIVE BIDDER, IN THE AMOUNT $533,892, FOR THE
"CLAM PASS BOARDWALK REPAIR," AUTHORIZE THE
CHAIRMAN TO EXECUTE THE CONTRACT, AND MAKE A
FINDING THAT THIS EXPENDITURE PROMOTES TOURISM —
REPAIRING THE STRUCTURE OF THE TRAMWAY
Item #16D7
Page 129
November 10, 2015
TWO 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 — FOR CAMPS THAT WILL
BE HELD MARCH 14-17, 2016 AND JUNE 20-23, 2016 AT THE
IMMOKALEE SPORTS COMPLEX
Item #16D8
INVITATION TO BID NO. 15-6480, COLLIER AREA TRANSIT
BUS SHELTERS AND RELATED ITEMS TO VARIOUS
VENDORS, INCLUDING LNI CUSTOM MANUFACTURING,
INC., TOLAR MANUFACTURING COMPANY, INC. AND
BRASCO INTERNATIONAL, INC. — FOR SHELTERS WITH
AND WITHOUT A SOLAR LIGHTING PACKAGE, WASTE
RECEPTACLES, BIKE RACKS AND BENCHES
Item #16D9
THE NECESSARY BUDGET AMENDMENTS TO REFLECT
ESTIMATED GRANT FUNDING FOR THE CALENDAR YEAR
2016 OLDER AMERICANS ACT PROGRAMS IN THE AMOUNT
OF $1,162,548
Item #16D10
AUTHORIZING COLLIER COUNTY MUSEUM TO APPLY FOR
AND RECEIVE A $1,000 PFIZER FOUNDATION VOLUNTEER
PROGRAM DONATION AND NECESSARY BUDGET
Page 130
November 10, 2015
AMENDMENT TO RECOGNIZE SAME — FUNDS RECEIVED
WILL BE USED TO ENHANCE VOLUNTEER RECOGNITION
Item #16D11
AUTHORIZING ADVERTISEMENT OF ORDINANCES
ESTABLISHING THE DELLA DRIVE MUNICIPAL SERVICE
BENEFIT UNIT FOR THE REPAYMENT OF FUNDS USED TO
MAKE EMERGENCY REPAIRS AND MUNICIPAL SERVICE
TAXING UNIT TO FUND AND LEVY NOT TO EXCEED FIVE
(5) MILS PER YEAR OF AD VALOREM TAXES FOR FUTURE
EMERGENCY REPAIRS TO DELLA DRIVE WHEN
NECESSARY — LOCATED IN GOLDEN GATE ESTATES
Item #16D12
A MORTGAGE SATISFACTION FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE AMOUNT OF $2,500 — PROPERTY LOCATED AT 1760
16TH STREET NE
Item #16D13
DECLARING THE IMPLEMENTATION OF THE RENTAL
ASSISTANCE PROGRAM UNDER THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) EMERGENCY
SOLUTIONS GRANT (ESG) PROGRAM IS ADMINISTRATIVE
AND MINISTERIAL — PROVIDES RENTAL ASSISTANCE TO
INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR AT
THE RISK OF HOMELESSNESS
Page 131
November 10, 2015
Item #16D14
A BUDGET AMENDMENT IN THE AMOUNT OF $111,000 TO
HELP PROVIDE FOR AN ESTIMATED $220,000 IN REPAIRS
AND IMPROVEMENTS TO VENTILATION SYSTEMS IN THE
ANIMAL HOUSING AREAS AT THE DOMESTIC ANIMAL
SERVICES NAPLES SHELTER
Item #16D15
RESOLUTION 2015-227: RECOGNIZING AND ACCEPTING A
$10,000 DONATION FROM THE WILLIAM G. HENDRICKSON
TRUST TO SPECIFICALLY BENEFIT YOUTH EDUCATION
PROGRAMS AT THE COLLIER COUNTY PUBLIC LIBRARY,
AUTHORIZE THE CHAIRMAN TO EXECUTE BOTH THE
RESOLUTION AND THE REQUIRED RECEIPT, APPROVE THE
NECESSARY BUDGET AMENDMENT
Item #16D16
A LONG TERM COMMUNITY MARKET AGREEMENT WITH
JOE RAKOW, MARKET MANAGER TO PROVIDE A
COMMUNITY MARKET AT GOLDEN GATE COMMUNITY
PARK — HELD FROM 2PM TO 7PM EVERY FRIDAY FROM
NOVEMBER 2015 THROUGH MAY 2016
Item #16D17
THE CHAIRMAN TO EXECUTE LANDLORD PAYMENT
AGREEMENTS WITH THREE LANDLORDS, ALLOWING THE
COUNTY TO ADMINISTER THE RAPID RE-HOUSING AND
Page 132
November 10, 2015
HOMELESSNESS PREVENTION PROGRAM THROUGH THE
EMERGENCY SOLUTIONS GRANT PROGRAM — FOR
AGREEMENTS WITH TANY CO., LLC, LILLYAN SIERRA
(PRIVATE LANDLORD) AND SHEILA GEBHART (PRIVATE
LANDLORD)
Item #16E1
CHANGE ORDER #1 TO CONTRACT #14-6255R WITH BSSW
ARCHITECTS, INC. FOR COLLIER COUNTY SHERIFF OFFICE
(CCSO) REQUESTED SCOPE ADDITIONS TO THE NEW
ORANGETREE SUBSTATION — THE FACILITY NEEDED TO
BE LARGER BASED ON FUTURE GROWTH IN THAT AREA
Item #16E2
RECOGNIZING CARRY-FORWARD FROM ACCRUED
INTEREST EARNED BY EMS COUNTY GRANT REVENUE
AND APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $91
— INTEREST FROM JULY 1 THROUGH SEPTEMBER 30, 2015
Item #16E3
RATIFYING PROPERTY, CASUALTY, WORKERS'
COMPENSATION AND SUBROGATION CLAIM FILES
SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT
DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15
FOR THE FOURTH QUARTER OF FY 15
Item #16E4
Page 133
November 10, 2015
ADMINISTRATIVE REPORTS PREPARED BY PROCUREMENT
SERVICES DIVISION FOR MODIFICATIONS TO WORK
ORDERS, CHANGE ORDERS, SURPLUS PROPERTY AND
OTHER ITEMS AS IDENTIFIED — COVERING THE PERIOD OF
SEPTEMBER 9, 2015 THROUGH OCTOBER 19, 2015
Item #16E5
INCORPORATING THE PREVIOUSLY BOARD APPROVED
PROJECT TO ADD A RADIO SYSTEM SITE IN NORTH
NAPLES (OLD 41 SITE) INTO CONTRACT #15-6409 800 MHZ
P25 PROJECT — IMPROVING THE PUBLIC SAFETY RADIO
SYSTEM IN AN AREA NORTH OF IMMOKALEE ROAD
BETWEEN THE GULF OF MEXICO AND I-75
Item #16F1
TOURIST TAX CATEGORY "B" FUNDING TO SUPPORT
THREE UPCOMING FY2016 SPORTS EVENTS UP TO $8,900
AND MAKE A FINDING THAT THESE EXPENDITURES
PROMOTE TOURISM — FOR THE STX PARADISE SHOOTOUT
HELD NOVEMBER 7-8, 2015; THE ALLIGATOR ALLEY LAX
CLASSIC NOVEMBER 14-15, 2015 AND PARADISE COAST
INVITATIONAL BEING HELD NOVEMBER 20-22, 2015 AT
NORTH COLLIER REGIONAL PARK
Item #16F2
TOURIST TAX CATEGORY "B" FUNDING TO SUPPORT THE
NATIONAL YOUTH FOOTBALL ALLIANCE FLORIDA STATE
CHAMPIONSHIPS NOVEMBER 27-29, 2015, UP TO $20,000
Page 134
November 10, 2015
AND MAKE A FINDING THAT THIS EXPENDITURE
PROMOTES TOURISM — HELD AT FLEISCHMANN PARK,
JUST SOUTH OF THE COASTLAND CENTER MALL
Item #16F3
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY —
BUDGET AMENDMENTS #16-067 (MOTOR POOL CAPITAL
FUND), #16-071, #16-072 AND #16-099 (ALL WITHIN THE
AIRPORT AUTHORITY CAPITAL FUND)
Item #16F4
RESOLUTION 2015-228: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2015-16 ADOPTED
BUDGET
Item #16F5
ACKNOWLEDGING THE "HITS TRIATHLON SERIES" EVENT
TO TAKE PLACE IN COLLIER COUNTY ON JANUARY 9TH &
10TH, 2016, INCLUDING EVENING HOURS, AND APPROVING
$6,500.00 OF TOURIST TAX CATEGORY "B" FUNDING TO
SUPPORT THE UPCOMING FY SPORTS EVENT ASSISTANCE
PROGRAM AND MAKE A FINDING THIS EXPENDITURE
PROMOTES TOURISM — AN EVENT CONSISTING OF
ACTIVITIES INCLUDING UP TO 2.4 MILES OF SWIMMING,
112 MILES OF BICYCLING AND 26.2 MILES OF RUNNING
Page 135
November 10, 2015
Item #16F6
THE USE OF SUBCONTRACTORS AS DIRECTED BY THE
AWARDED CONTRACTOR, CONSISTENT WITH THE
RECOMMENDATION OF THE COLLIER BUILDING
INDUSTRY ASSOCIATION (CBIA) — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16G1
ACCEPTING FLORIDA DEPARTMENT OF TRANSPORTATION
APPROVAL TO REALLOCATE FUNDING WITHIN
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
NUMBER (FDOT CONTRACT NO. AR519) FOR RUNWAY 9-27
REHABILITATION CONSTRUCTION AT THE IMMOKALEE
REGIONAL AIRPORT TO PERFORM FURTHER SAFETY
ENHANCEMENTS TO THE RUNWAY VISIBILITY ZONE AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENTS
(FISCAL IMPACT $10,466.24) — STAFF REQUESTED FDOT
REALLOCATE THE REMAINING BALANCE OF THE AWARD
FROM 80% TO 5% FDOT PARTICIPATION IN ORDER TO
FULLY UTILIZE THE STATE PORTION OF FUNDING
Item #16G2
(AA) RESOLUTION 2015-229: EXECUTION OF JOINT
PARTICIPATION AGREEMENT CONTRACT NO. G0576 WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION TO
FUND A FUEL TRUCK AT IMMOKALEE REGIONAL AIRPORT
Item #16G3
Page 136
November 10, 2015
(AA) RESOLUTION 2015-230: JOINT PARTICIPATION
AGREEMENT CONTRACT NO. G0594 WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO FUND AVGAS
FUEL FARM FACILITY ENHANCEMENTS AND TWO (2)
MOBILE REFUELING TRUCKS AT THE MARCO ISLAND
EXECUTIVE AIRPORT
Item #16G4
AA RESOLUTION 2015-231 : JOINT PARTICIPATION
AGREEMENT CONTRACT NO. G0599 WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO FUND AN
AIRPORT AUTOMATED WEATHER OBSERVATION SYSTEM
(AWOS) AT THE IMMOKALEE REGIONAL AIRPORT, AND
AUTHORIZE THE ASSOCIATED BUDGET AMENDMENTS
(FISCAL IMPACT $108,000 FDOT AND $27,000 COUNTY)
Item #16H1
RESOLUTION 2015-232: RE-APPOINTING JANICE BUNDY
AND DALE JOHNSON TO 4-YEAR TERMS EXPIRING ON
OCTOBER 27, 2019 AND APPOINTING HOLLY AMODEO TO
THE REMAINDER OF A TERM EXPIRING OCTOBER 27, 2016
TO THE RADIO ROAD EAST OF SANTA BARBARA BLVD.
MSTU ADVISORY COMMITTEE
Item #16H2
RESOLUTION 2015-233: RE-APPOINTING SHARON KENNY
TO THE HISTORICAL ARCHAEOLOGICAL PRESERVATION
TO A TERM EXPIRING ON OCTOBER 1, 2018 BOARD
Page 137
November 10, 2015
Item #16H3
RESOLUTION 2015-234: RE-APPOINTING BRUCE FORMAN
TO THE VANDERBILT BEACH BEAUTIFICATION MSTU
ADVISORY COMMITTEE TO THE TERM EXPIRING
NOVEMBER 13, 2019
Item #16H4
RESOLUTION 2015-235: RE-APPOINTING MARCO ESPINAR,
BLAIR FOLEY, NORMAN GENTRY, MARIO VALLE, LAURA
DEJOHN AND RONALD WALDROP TO THE DEVELOPMENT
SERVICES ADVISORY COMMITTEE TO TERMS EXPIRING
DECEMBER 14, 2019 FOR ALL OF THE SIX APPOINTEES
Item #16H5
RESOLUTION 2015-236: APPOINTING WAFAA F. ASSAAD TO
THE COLLIER COUNTY PLANNING COMMISSION
Item #16I1
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
Page 138
MISCELLANEOUS CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
November 10, 2015
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. CLERK OF COURTS:
1) Items to be Authorized by BCC for Payment:
B. DISTRICTS:
1) Winding Cypress Community Development District:
Fiscal Year 2014/2015 Proposed Budget(September 22, 2015 —September 30, 2015);
Fiscal Year 2015/2016 Proposed Budget(October 1, 2015 —September 30, 2016)
C. OTHER:
1) District#5 Townhall Meeting Agenda:
District#5 Townhall Meeting Agenda for the Immokalee Area held by
Commissioner Tim Nance at 6:00 pm on October 8, 2015 at the Southwest
Florida Works Center, 750 South 5th Street, Immokalee, Florida
2) Collier County Sherriff`s Office:
Letter from Collier County Sheriff Kevin Rambosk to BCC Chairman
Tim Nance, dated October 28, 2015 and a copy of a check made payable to the
Board of County Commissioners in the amount of$28, 242 representing FY15
CCSO surplus funds (turn-back)
November 10, 2015
Item #16J1
THE USE OF $10,000 FROM THE CONFISCATED TRUST
FUNDS TO SUPPORT THE JUNIOR DEPUTIES LEAGUE, INC. —
SUPPORTING THEIR CAMP DISCOVERY
Item #16J2
EXECUTION OF THE GRANT AWARD FOR THE COLLIER
COUNTY SHERIFF'S OFFICE FY2016 VOCA GRANT IN THE
AMOUNT OF $131,681 AND APPROPRIATE A BUDGET
AMENDMENT — REQUIRING A 25% MATCH
Item #16J3
ENDORSING THE UNITED STATES DEPARTMENT OF
JUSTICE AND UNITED STATES DEPARTMENT OF
TREASURY COMBINED EQUITABLE SHARING AGREEMENT
AND CERTIFICATION THROUGH SEPTEMBER 30, 2016
Item #16J4
RECORDING IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN OCTOBER 15 AND OCTOBER
28, 2015 PURSUANT TO FLORIDA STATUTE 136.06 — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16K1
Page 139
November 10, 2015
A JOINT MOTION AND FINAL JUDGMENT IN THE AMOUNT
OF $9,000 FOR PARCEL 217RDUE IN THE CASE STYLED
COLLIER COUNTY V. EVA BALDRICH, ET AL., CASE NO.
14-CA-2701, NOW PENDING IN THE TWENTIETH JUDICIAL
CIRCUIT, COLLIER COUNTY, REQUIRED FOR WIDENING
GOLDEN GATE BOULEVARD (PROJECT NO. 60040)
Item #17A
ORDINANCE 2015-58: AMENDING ORDINANCE NO. 2001-09,
PINE RIDGE CENTER WEST PLANNED UNIT DEVELOPMENT
BY ADDING 40,000 SQUARE FEET OF COMMERCIAL USES
FOR A TOTAL OF 140,000 SQUARE FEET OF GROSS FLOOR
AREA AND A PARKING STRUCTURE UP TO 30 FEET IN
HEIGHT; BY INCREASING THE MAXIMUM HEIGHT OF ALL
OTHER COMMERCIAL AREAS TO FOUR STORIES OR 50
FEET; BY ALLOWING A PORTION OF THE PRESERVE TO BE
OFF-SITE; BY AMENDING THE MASTER PLAN AND
PROVIDING AN EFFECTIVE DATE. SUBJECT PROPERTY,
CONSISTING OF 8.87+/- ACRES, IS LOCATED SOUTH OF
PINE RIDGE ROAD AND EAST OF LIVINGSTON ROAD IN
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA [PUDA-PL20150000249]
Item #17B — Moved to Item #9F (Per Commissioner Taylor during
Agenda Changes)
Item #17C
ORDINANCE 2015-60: AMENDING CHAPTER 74 OF THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
Page 140
November 10, 2015
WHICH IS THE COLLIER COUNTY CONSOLIDATED IMPACT
FEE ORDINANCE, TO PROVIDE FOR THE INCORPORATION
BY REFERENCE OF THE PARKS AND RECREATION IMPACT
FEE UPDATE STUDY; AMENDING THE PARKS AND
RECREATION IMPACT FEE RATE SCHEDULE, WHICH IS
SCHEDULE THREE OF APPENDIX A; PROVIDING FOR AN
EFFECTIVE DATE OF NOVEMBER 16, 2015, FOR THE
COMMUNITY PARKS IMPACT FEE RATES WHICH ARE
DECREASING; AND A DELAYED EFFECTIVE DATE OF
FEBRUARY 8, 2016, FOR THE REGIONAL PARK IMPACT FEE
RATE INCREASES, IN ACCORDANCE WITH THE NOTICE
PERIOD REQUIREMENTS OF SECTION 163.31801(3)(D)
FLORIDA STATUTES
Item #17D — Withdrawn (Per Agenda Change Sheet)
RECOMMENDATION TO ADOPT AN ORDINANCE
AMENDING ORDINANCE 97-82, AS AMENDED, WHICH
CREATED THE BAYSHORE BEAUTIFICATION MUNICIPAL
SERVICE TAXING UNIT, TO EXPAND THE DISTRICT'S
BOUNDARY TO INCLUDE A COUNTY OWNED RIGHT-OF-
WAY IDENTIFIED FOR PURPOSES OF CONSTRUCTING
PEDESTRIAN STREETSCAPE IMPROVEMENTS WITHIN A
RIGHT-OF-WAY ALONG THOMASSON DRIVE
Item #17E
RESOLUTION 2015-237: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2015-16 ADOPTED
BUDGET
Page 141
November 10, 2015
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:27 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
e,dafece_.
TIM NANCE, CHAIRMAN
ATTEST:
DWIGHT E BROCK, CLERK
\oLT:-1 est as td` irm
signature only.
These minutes a proved by the board on 706 as
presented or as corrected
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
Page 142
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Hiller, Georgia A. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, 3rd Floor WHICH I SERVE ISAUNITOF:
CITY COUNTY ❑CITY Of COUNTY O OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS
Tuesday, November 10, 2015 Of ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board, council,
commission,authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband,wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
+ + + + + x + + + + * - * * * +- +
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Georgia A. Hiller hereby disclose that on Tuesday, November 10 20 15
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, •
inured to the special gain or loss of my relative, •
inured to the special gain or loss of , by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Conflict or appearance of conflict pursuant to Section 286.012, Fla. Stat.
I abstained from voting on Tuesday, November 10,2015, on Board Agenda Items 9A and 9B regarding the
Southbrooke PUD. Mr. Randy Johns has a 50% interest in an LLC which has a contract to purchase the subject
parcel.
I am currently involved in litigation with Randy Johns in the matter styled: Phoenix Associates of South Florida,
Inc. v. Georgia Hiller, Case No. 14-CA-00239, pending in Circuit Court in Collier County.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney,may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
Vt/November 10, 2015
Date Filed 6.a\,6
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.