BCC Minutes 01/26/2016 R BCC
REGULAR
MEETING
MINUTES
January 26, 2016
January 26, 2016
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, January 26, 2016
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: Donna Fiala
Tim Nance
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, Finance Director
Troy Miller, Television Operations Manager
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
4 r,'
r
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
January 26, 2016
9:00 AM
Commissioner Donna Fiala, District 1 — BCC Chair
Commissioner Tim Nance, District 5 — BCC Vice-Chair; CRAB Chair
Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair
Commissioner Tom Henning, District 3 — PSCC Vice-Chair
Commissioner Penny Taylor, District 4 — CRAB Vice-Chair; TDC 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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January 26, 2016
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. Pastor Jim Thomas — East Naples United Methodist 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.)
3. SERVICE AWARDS
4. PROCLAMATIONS
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January 26, 2016
A. Proclamation designating February 3, 2016 as "Cultural Arts Day" in
Collier County in recognition of the Cultural Alliance of Marco Island and
Goodland 's "Cultural Carnivale." To be accepted by Beverly Dahlstrom,
CAMIG President, Bruce Graev, CAMIG Vice President, Kevin O'Fee,
Cultural Carnivale Chairman.
B. Proclamation recognizing Jewish Family & Community Services of
Southwest Florida and designating January 26, 2016 as Naples Senior
Center Day in Collier County. To be accepted by Dr. Jaclynn Faffer,
David Rutstein, and Edward Anchel.
5. PRESENTATIONS
A. Recommendation to recognize Pam Bastien, Customer Service Specialist,
Growth Management Department as the Employee of the Year 2015.
B. Recommendation to recognize Allison Kearns, Manager Financial and
Operations Support, Growth Management Department as Supervisor of
the Year 2015.
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Items #8 and#9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 9:30 a.m. 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 providing for the establishment of
a Conditional Use to allow a church within an Estates (E) zoning district
pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land Development
Code for a 4.05± acre property located on the south side of Pine Ridge Road
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January 26, 2016
(C.R. 896), one-quarter mile east of Interstate 75, in Section 17, Township
49 South, Range 26 East, Collier County, Florida. [Petition CU-
PL20140000543]
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to award a construction contract in the amount of
$7,178,472.15 to Quality Enterprises USA, Inc. and reserve $572,000
on the purchase order for funding allowances, for a total of$7,750,472.15
for ITB #16-6550 "Immokalee Road and Collier Boulevard Intersection
Improvements," Project No. 60132; declare a valid public emergency to
complete the design and post design services; and approve work orders
and necessary budget amendments. (Joe Delate, Transportation Road
Maintenance Senior Project Manager)
B. Recommendation to provide direction and approve Federal Legislative
Priorities for 2016. (Brandon Reed, Legislative Affairs Coordinator)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Community Redevelopment Agency (CRA)
Board evaluate and rank Request For Proposal (RFP) Solicitation
#16-6548 for the disposition of 5.27 + acres of CRA property and
authorize staff to negotiate a Purchase and Development Agreement
with the selected respondent for subsequent Board action.
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule
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January 26,2016
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) 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 Fiddler's Creek Marsh Cove -
Phase 2 Replat, (Application Number PL20150002327) approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
2) Recommendation to approve the release of a code enforcement lien
with an accrued value of$120,212.29 for payment of$17,112.29, in
the code enforcement action entitled Board of County Commissioners
v. Irene Vilar, Code Enforcement Special Magistrate Case No.
CEAU20110011121, relating to property located at 4185 43rd Ave
NE, Collier County, Florida.
3) Recommendation to approve the release of two (2) code enforcement
liens with a combined accrued value of$216,710.63 for payment of
$2,500, in the code enforcement actions entitled Board of County
Commissioners v. Muller Real Est. Holdings LLC, Code Enforcement
Special Magistrate Case Nos. CENA20140009645 and
CESD20140009723, relating to property located at 1461 Golden Gate
Blvd. E., Collier County, Florida.
4) Recommendation to approve the release of a code enforcement lien
with an accrued value of$43,901.36 for payment of$5,501.36, in the
code enforcement action entitled Board of County Commissioners v.
Randall A. Patterson, Code Enforcement Special Magistrate Case No.
CEPM20140014264, relating to property located at 155 Mentor Drive,
Collier County, Florida.
5) Recommendation to approve the donation of approximately 30,000
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January 26,2016
cubic yards (CY's) of beach quality sand from the Hideaway Beach
District to be used in the Marco Island Central Beach Re-grade
Project No. 90062.
6) Recommendation to award contract #15-6526 to Olympus Painting
Contractors, Inc. in the amount of$130,040 to restore and secure the
positioning of bearing pads on Bridge No. 34134. Project No. 66066.
7) Recommendation to authorize advertising an Ordinance amending
the Code of Laws and Ordinances of Collier County at Chapter 130,
Traffic and Vehicles, to add a section allowing for the use of golf carts
upon designated roads in the Town of Ave Maria, Florida.
8) Recommendations on behalf of the Golden Gate Watershed
Improvement Program (GGWIP) Technical Advisory Ad Hoc
Committee including: a) Extend the Committee until the completion
of its business, b) Appoint City of Marco Island representative Chadd
Chustz to fill the existing vacancy, c) Permit the Committee to
establish sub-committees, d) Confirm that the Committee was
established to address comprehensive watershed management, despite
the Committee name which focuses on Golden Gate, and rename it to
be the Comprehensive Watershed Improvement Program Committee,
e) Be advised that the Committee has tabled the concept of expanding
Committee membership to include non-governmental representatives
due to the technical focus of the Committee.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve a budget amendment recognizing
$63,805.43 in revenue received under the HOME Investment
Partnership Program.
2) Recommendation to approve and authorize the Chairman to sign a
retained Program Income Agreement between the Florida Department
of Economic Opportunity and the Collier County Board of County
Commissioners and to authorize a budget amendment recognizing
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January 26,2016
revenue received under the Community Development Block Grant in
the amount of$34,820.55.
3) Recommendation to adopt a Donated Materials Policy for the
Libraries, specifying age and condition of acceptable items and
acknowledging their possible dispositions.
4) Recommendation to adopt a Resolution authorizing the Community
and Human Services Division Director to sign Memorandums of
Understanding for the Retired and Senior Volunteer Program. There
is no fiscal impact associated with this item.
5) Recommendation to approve electronic submittal of an Application
Form for the Florida Fish and Wildlife Conservation Commission
Florida's State Wildlife Grants Program to facilitate the use of
controlled burns as a management tool to support upland habitats
within specified Conservation Collier Preserves.
6) Recommendation to approve the Third Amendment to the
Subrecipient Agreement with Youth Haven, Inc. to combine related
budget activities and clarify the term "expended" in the agreement.
This item has no new fiscal impact.
7) Recommendation to approve selection committee rankings and enter
into negotiations for a contract for Request for Proposal #15-6530,
"Professional Design Services for Immokalee Fitness Center
Remodel," Project No. 33422 with Disney & Associates, P.A.
8) Recommendation to approve a substantial amendment to the FY2015-
2016 U.S. Department of Housing and Urban Development Annual
Action Plan authorizing Community and Human Services staff to
administer a previously Board approved rental assistance program to
prevent homelessness using Emergency Solutions Grant funds in the
amount of$72,226.
9) Recommendation to approve a substantial amendment to Collier
County's U.S. Department of Housing and Urban Development
Annual Action plans for FY 2003-2008 and the Fourth Amendment to
the HOME Investment Partnership Program Subrecipient Agreement
with Community Assisted and Supported Living, Inc. for the Multi-
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January 26, 2016
Family Property Acquisition Project in order to clarify language and
achieve consistency throughout the agreement.
10) Recommendation to approve a Landscape Maintenance Agreement
between the Radio Road Beautification MSTU with the Board of
County Commissioners as governing board and REG8 Berkshire
Commons LLC.
11) Recommendation to approve the Termination of the Affordable
Housing Density Bonus Agreement for the Saddlebrook Village
Apartments located on Davis Boulevard, based on the fulfillment of
obligations within the Affordable Housing Density Bonus Agreement
for this project.
12) Recommendation to recognize a FY2015/2016 Federal Transit
Administration Section 5311 rural grant in the amount of$366,460 to
provide continued transit service to the rural area of Collier County;
approve a resolution authorizing the Chair to sign the agreement and
all necessary budget amendments; and authorize the Public Services
Department Head, as the Board's designee, to sign the Standard
Lobbying Certification. The total fiscal impact is $732,920 with a
Federal share of$366,460 and local match of$366,460.
13) Recommendation to approve and sign a Long Term Community
Market Agreement with Joe Rakow, Market Manager, to provide a
Community Market at Golden Gate Community Center with an
estimated revenue of$11,024.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve a First Amendment to the Ground Lease
Agreement for a Communications Tower with Crown Castle Towers,
06-02 LLC and a Memorandum of Ground Lease Agreement for a
Communications Tower on behalf of Parks and Recreation/Public
Services.
2) Recommendation to waive competition for a sole source vendor and
approve the continued amendment of the Lease Agreement for a
Confined Space Gas Monitoring System with Industrial Scientific.
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January 26, 2016
3) Recommendation to waive competition for legal and non-legal
advertisements and broadcasting services for Collier County
community based programs.
4) Recommendation to affirm the award for the Facilities Management
Division's Invitation to Bid #15-6395, On-Call Overhead Doors and
Automatic Gates to Drew Sell, Inc. d/b/a Precision Door Service in
accordance with the Formal Competitive Threshold of the Board's
Procurement Ordinance 2013-69, as amended.
5) Recommendation to approve a Lease Agreement with Horseshoe
Development, LLC for space to be utilized by the Growth
Management Department.
6) Recommendation to approve the addition of three new classifications
and one reclassification to the 2016 Fiscal Year Classification Plan
made from October 1, 2015 through December 31, 2015.
7) Recommendation to approve a Sovereignty Submerged Lands
Easement between the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida and Collier County.
8) Recommendation to revive and amend a Contractual Service
Agreement between Collier County and Greater Naples Fire Rescue
District to provide fire protection and rescue services within the
Collier County Fire Control District at a budgeted cost of$160,800.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2015-16 Adopted Budget.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence
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January 26, 2016
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to authorize a budget amendment in the amount of
$250,000 from the Clerk's Court Agency Fund 651 to the Sheriff, for
criminal justice training and educational expenses in accordance with
Section 938.15, Florida Statutes.
2) Report to the Board regarding the investment of County funds as of
the quarter ended December 31, 2015.
3) To record in the minutes of the Board of County Commissioners,
the check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between December 31, 2015 and January 6, 2016 pursuant to
Florida Statute 136.06.
K. COUNTY ATTORNEY
1) Recommendation to approve a Joint Motion for Final Judgment for
total compensation in the amount of$30,860 for Parcel 174RDUE in
the case styled Collier County v. Robert E. Williams, Tr., et al., Case
No 14-CA-816, taken for the six-laning of Collier Boulevard from
Green Boulevard to Golden Gate Boulevard, Project No. 68056.
(Fiscal Impact: $20,860)
2) Recommendation to approve and authorize the Chairman to execute a
Settlement Agreement and Mutual Release in the lawsuit styled
Madeline Wilens v. Collier County (Case No. 14-CA-001574), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and
for Collier County, Florida.
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
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January 26,2016
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20150002694, to vacate the access easement located at the southwest
corner of Lot 16, of the Residences at Mercato, as recorded in Plat Book 58,
Page 6, of the public records of Collier County, Florida, located in Section
34, Township 48 South, Range 25 East, Collier County, Florida.
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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January 26, 2016
January 26, 2016
MR. OCHS: Madam Chairman, you have a live mic.
CHAIRWOMAN FIALA: Thank you very much. Let me see,
where is my mic. Oh, there it is, thank you.
Welcome, everyone. We're so happy you joined us today and
we're hoping to have a great meeting and we look forward to a great
day in front of us.
Now, with that I ask the Reverend to -- wherever he is.
PASTOR THOMAS: I'm right here.
CHAIRWOMAN FIALA: I'm sorry.
-- to please get up.
Would you all stand, please, and pray.
Item #1A
INVOCATION BY PASTOR JIM THOMAS OF EAST NAPLES
UNITED METHODIST CHURCH — INVOCATION GIVEN
PASTOR THOMAS: Thank you for having me here. May we
pray.
Dear Lord, we come to you this morning, asking for the help of
the Spirit as we offer our prayer in your name.
Father, we come giving thanks. Giving thanks for people who
serve, asking your blessings upon them and asking your blessings upon
the people that they serve.
As things are brought forward today, as things are discussed, we
ask, dear Lord, and pray that we can be honest and open with each
other. We pray, dear Lord, that we may have compassion for others in
the decisions that are made. And Lord, that we will be willing to
sacrifice to give up our personal wants for the good of all.
Be with us, Lord. Give us that honesty, that compassion and that
willingness to sacrifice not only in these things but in each and every
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January 26, 2016
day. And we pray this humbly in your name. Amen.
CHAIRWOMAN FIALA: This is, by the way, Reverend Jim
Thomas with East Naples United Methodist Church. I'm sorry I didn't
introduce you, and I just wanted everybody to know.
Would you put your hands over your hearts and say with me:
(Pledge of Allegiance was recited in unison.)
CHAIRWOMAN FIALA: And with that, County Manager?
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, ma'am. Good morning, Madam Chairman,
Commissioners. These are the proposed agenda changes for the Board
of County Commissioner's Meeting of January 26th, 2016.
The first proposed change is to continue Item 16.A.7 on your
growth management consent agenda to the February 9th, 2016 Board
meeting. That continuance is requested by the County Attorney's
Office.
The next proposed change is to move Item 16.A.8 from the
consent agenda to become Item 11.0 under the County Manager's
report. It's a series of recommendations regarding your Golden Gate
Watershed Improvement Program Technical Advisory Ad Hoc
Committee. That move is made at Commissioner Taylor's request.
We have one corrective note on the consent agenda this morning,
Commissioners. It has to do with Item 16.J.3. There is a -- added to
the date and the periods for which the disbursements were drawn, it
should be between December 31, 2015 and January 13th, 2016.
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January 26, 2016
I would also, while we're on that item, request that the
Commissioners, as part of their approval of the consent agenda this
morning, please make a finding that the expenditures contained in that
disbursement report serve a valid public purpose. Thank you.
COMMISSIONER HILLER: And approve them for payment.
MR. OCHS: And approve them for payment. Thank you,
Commissioner.
We have one time certain for today's meeting and that is Item
9.A, and that will be heard at 9:30 a.m.
And those are all the changes that I have this morning, Madam
Chairman.
CHAIRWOMAN FIALA: Thank you very much.
County Attorney?
MR. KLATZKOW: No changes, ma'am.
CHAIRWOMAN FIALA: Okay, fine, thank you.
And what I would like to do before we start with the other
Commissioners, I would like to add under miscellaneous
correspondence a letter that I wrote to the Clerk of Courts, Dwight
Brock, just so everybody is familiar with what I wrote.
At yesterday's Commission meeting the Board directed the
payment of outstanding invoices be made to the vendors identified in
agenda Items 13.B and 13.C. I would respectfully request that you
place these payables on the next disbursement report, subject to your
standard pre-audit process for Board approval of these expenditures
and subsequent disbursement. Thank you for your anticipated
assistance in this matter.
I just wanted to put that on the record. Thank you.
And now, Commissioners, starting with you, Commissioner
Taylor.
COMMISSIONER TAYLOR: Oh, me, okay.
So I will -- there is no disclosures on 16.A.1 or 17.A. And when
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January 26, 2016
we hear 9.A I'll make my disclosures at the time. And no further
changes to the agenda.
CHAIRWOMAN FIALA: Thank you very much.
And Commissioner Nance?
COMMISSIONER NANCE: Yea, ma'am, thank you. I have no
further changes and I have no ex parte disclosure on either today's
consent or summary agenda.
CHAIRWOMAN FIALA: Thank you very much.
And for myself, I have actually nothing to declare either, nothing
on the consent or the summary agenda. No changes, no corrections to
the agenda.
Commissioner Hiller?
COMMISSIONER HILLER: The same.
CHAIRWOMAN FIALA: The same for her.
And Commissioner Henning?
COMMISSIONER HENNING: Ditto.
CHAIRWOMAN FIALA: Okay, good. That was nice and easy.
So with that, may I have a motion to approve the agenda.
COMMISSIONER HENNING: As amended.
CHAIRWOMAN FIALA: Very good, thank you very much.
All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRWOMAN FIALA: And opposed, like sign.
(No response.)
CHAIRWOMAN FIALA: Thank you.
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Proposed Agenda Changes
Board of County Commissioners Meeting
January 26,2016
Continue Item 16A7 to the February 9.2016 BCC Meeting: Recommendation to authorize
advertising an Ordinance amending the Code of Laws and Ordinances of Collier County at
Chapter 130,Traffic and Vehicles,to add a section allowing for the use of golf carts upon
designated roads in the Town of Ave Maria,Florida. (County Attorney's request)
Move Item 16A8 to Item 11C: Recommendations on behalf of the Golden Gate Watershed
Improvement Program(GGWIP) Technical Advisory Ad Hoc Committee including:a)Extend
the Committee until the completion of its business,b)Appoint City of Marco Island
representative Chadd Chustz to fill the existing vacancy,c) Permit the Committee to establish
sub-committees,d) Confirm that the Committee was established to address comprehensive
watershed management,despite the Committee name which focuses on Golden Gate,and to
rename it to be the Comprehensive Watershed Improvement Program Committee,e) Be
advised that the Committee has tabled the concept of expanding Committee membership to
include non-governmental representatives due to the technical focus of the Committee.
(Commissioner Taylor's request)
Note:
Item 16J3: To record in the minutes of the Board of County Commissioners,the check
number(or other payment method),amount,payee,and purpose for which the referenced
disbursements were drawn for the periods between December 31,2015 and January 6-13.
2016 pursuant to Florida Statute 136.06. (Clerk's Finance Department request)
Time Certain Requests:
Item 9A to be heard at 9:30 a.m.
1/26/2016 8:28 AM
January 26, 2016
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT BOTH
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING FEBRUARY 3, 2016 AS
"CULTURAL ARTS DAY" IN COLLIER COUNTY IN
RECOGNITION OF THE CULTURAL ALLIANCE OF MARCO
ISLAND AND GOODLAND'S "CULTURAL CARNIVALE."
ACCEPTED BY BEVERLY DAHLSTROM, CAMIG PRESIDENT,
BRUCE GRAEV, CAMIG VICE PRESIDENT, KEVIN O'FEE,
CULTURAL CARNIVALE CHAIRMAN, HYLA CRANE,
EXECUTIVE DIRECTOR OF THE MARCO ISLAND CENTER
FOR THE ARTS; AND CAROL ROBERTS, CAMIG MEMBER —
ADOPTED
CHAIRWOMAN FIALA: We move on then to the
proclamations.
MR. OCHS: Yes, ma'am. Item 4.A is a proclamation designating
February 3rd, 2016 as Cultural Arts Day in Collier County, in
recognition of the cultural alliance of Marco Island and Goodland's
Cultural Carnivale. To be accepted by Beverly Dahlstrom, CAMIG
President; Bruce Graev, CAMIG Vice President; Kevin O'Fee,
Cultural Carnivale Chairman; Hyla Crane, Executive Director of the
Marco Island Center For the Arts; and Carol Roberts, CAMIG
member.
If you'd please step forward and receive your proclamation.
(Applause.)
CHAIRWOMAN FIALA: Thank you so much for being here.
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January 26, 2016
You guys have been so successful in carrying this forward and
enlarging this group. I'm just so proud to be a part of your group,
thank you.
And if you would, turn around.
COMMISSIONER NANCE: Show your nice proclamation so
they know what you did.
CHAIRWOMAN FIALA: And Beverly, would you like to take
the podium and say a few words?
MS. DAHLSTROM: Good morning. I'd really like to thank the
County Commissioners for this wonderful proclamation. The Cultural
Alliance of Marco Island and Goodland, our CAMIG organization, has
been functioning for almost two years now, and we have been really
excited about the way we've been received on Marco Island and in the
County. So we want to thank you.
Actually, our second event is the Cultural Carnivale on February
3rd, and it's free to the public. We want everyone to know how the arts
are growing on Marco Island. It may seem far away to people here in
Naples, but it is very close and very near and dear.
And there's a lot of activities going on. We have the Center for the
Arts and the museum and the two theaters, the Marco Players and the
Island Theater Company. And the Foundation for the Arts, The Y, so
there's a lot of activity on Marco.
Please come and see us on February 3rd from 5:00 to 8:00. We
are doing a VIP reception from 5:00 to 6:00, and from 6:00 to 8:00 it's
free activities to learn more about what happens on Marco Island when
it comes to the arts and culture. So thank you very much.
(Applause.)
Item #4B
PROCLAMATION RECOGNIZING JEWISH FAMILY &
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January 26, 2016
COMMUNITY SERVICES OF SOUTHWEST FLORIDA AND
DESIGNATING JANUARY 26, 2016 NAPLES SENIOR CENTER
DAY IN COLLIER COUNTY. ACCEPTED BY DR. JACLYNN
FAFFER, DAVID RUTSTEIN, AND RICHARD GOLDBLATT —
ADOPTED
MR. OCHS: Item 4.B is a proclamation recognizing Jewish
Family and Community Services of Southwest Florida and designating
January 26th, 2016 as Naples Senior Center Day in Collier County. To
be accepted by Dr. Jaclynn Faffer, David Rutstein, and Richard
Goldblatt. If you would please step forward and receive your
proclamation.
(Applause.)
COMMISSIONER TAYLOR: And Madam Chair, with your
indulgence, I would like to read this proclamation.
CHAIRWOMAN FIALA: Sure, hold on just one second while
we shake their hands. When they turn around and face the cameras,
then we can hear what they're doing.
COMMISSIONER TAYLOR: On November 22nd, 2011, Jewish
Family and Community Services of Southwest Florida, JFCS, became
a registered Florida nonprofit agency, serving as a non-sectarian
organization, dedicated to meeting the human needs -- service needs of
Collier and Southern Lee County communities; and
WHEREAS, JFCS is successfully following its mission to
empower individuals and families of all ages by providing tools to
address life's challenges, including mental health, counseling, geriatric
case management, volunteer services, emergency financial assistance,
a food pantry, Naples Senior Center and more; and
WHEREAS, the Board of Trustees of the JFCS identify the
immense gap in services for seniors living in Southwest Florida and
immediately did something about it; and
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January 26, 2016
WHEREAS, JFCS opened the Naples Senior Center in January,
2014 to fill the significant void in services for Southwest Florida
seniors facing the challenges of aging, including loneliness, financial
distress, psychological and socialization issues; and
WHEREAS, in just two years the Naples Senior Center has
grown from 80 members to more than 850 members. And on
December 6th, 2015, JFCS celebrated the expansion of the Naples
Senior Center from 3,000 to 6,000 square feet with a community open
house; and
WHEREAS, JFCS provides services that support and strengthen
families and individuals of all ages, background and beliefs, often at
great -- at times of great personal vulnerability; and
WHEREAS, more than 52 percent of the Naples Senior Center
members live alone but fight isolation and loneliness by making new
friends, getting involved in activities and developing active social lives
at the Naples Senior Center.
NOW THEREFORE be it proclaimed by the Board of County
Commissioners of Collier County, Florida that January 26th, 2016, be
designated as Naples Senior Center Day.
(Applause.)
COMMISSIONER TAYLOR: I think they'd like to speak.
DR. FAFFER: On behalf of myself, the Board of Trustees of
JFCS of Southwest Florida, and most of all our 850 plus Senior Center
members, I thank you, Commissioner Taylor, Chairman Nance and
Commissioners Fiala, Hiller and Henning for recognizing JFCS in this
very special way.
Your support and this recognition will help us reach an even
broader audience of our neighbors who are in need of the services we
provide.
At the Naples Senior Center we address the serious issues of
senior isolation, loneliness and financial insecurity.
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January 26, 2016
As Commissioner Taylor said, 51 percent of our members are at
or just below the poverty line, with an additional 20 percent just
slightly above. Hard to believe right here in paradise.
For many of our members our Wednesday hot lunch program is
often the only time they have a hot meal that they will share with
others, and for many it is the only hot meal they will have that week.
Our food pantry and emergency fmancial assistance programs
help address the many fmancial challenges faced by those who come to
us for assistance.
More than half of our members live alone, as Commissioner
Taylor mentioned. Physicians are becoming increasingly aware of the
connection between isolation and loneliness and decline in physical
and cognitive functioning. Many of our members have lost a spouse or
a partner and their children, if they have them, live far away.
Through participation in the Naples Senior Center, they develop
active social lives, feel connected to a greater community and most
important, no longer feel alone in Collier County.
Our greatest reward is to see our members making new friends,
getting involved in activities and finding the support services they
need. We are grateful to our many supporters.
And although I know no one in this room is 60 years old or over,
I would like to extend an invitation to all of you to stop by any day.
But if you really want to see what's been referred to as the miracle on
Castello Drive, stop by on a Wednesday where you will see close to
190 seniors enjoying a hot meal and entertainment. Thank you for
your support.
(Applause.)
COMMISSIONER HENNING: Move to approve today's
proclamations.
COMMISSIONER HILLER: Second.
CHAIRWOMAN FIALA: I have a motion and a second. All in
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January 26, 2016
favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRWOMAN FIALA: Opposed?
(No response.)
CHAIRWOMAN FIALA: Thank you.
COMMISSIONER HENNING: Madam Chair?
CHAIRWOMAN FIALA: Yes.
Item #10A — Added and to be discussed later in the meeting
RECOMMENDATION TO CONTINUE THE DISCUSSION OF
THE JANUARY 25, 2016 MEETING BETWEEN THE NORTH
COLLIER FIRE CONTROL & RESCUE DISTRICT AND COLLIER
COUNTY, TO EXTEND COPCN AND CONSIDER A
SETTLEMENT AGREEMENT — MOTION TO ADD THIS ITEM
TO TODAY'S AGENDA — APPROVED
COMMISSIONER HENNING: I neglected to request an add-on,
walk-on add-on item on today's agenda to continue the discussion from
yesterday's North Collier and BCC Meeting to consider an extension of
COPCN and/or settlement agreement on the County Attorney's part of
the agenda. I think it may be appropriate. Is that correct?
MR. KLATZKOW: Or commissioner, either way.
COMMISSIONER NANCE: I will make a motion to add
Commissioner Henning's item to our agenda and amend it as
appropriate.
COMMISSIONER TAYLOR: I will second it.
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January 26, 2016
CHAIRWOMAN FIALA: I have a motion and a second. Any
discussion?
(No response.)
CHAIRWOMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRWOMAN FIALA: Opposed, like sign.
(No response.)
CHAIRWOMAN FIALA: Okay.
MR. OCHS: Commissioners, I'll list that under Item 10.A, if
that's okay with Commissioner Henning, Board of County
Commissioners? Thank you.
Item #5A
RECOMMENDATION TO RECOGNIZE PAM BASTIEN,
CUSTOMER SERVICE SPECIALIST, GROWTH MANAGEMENT
DEPARTMENT AS THE EMPLOYEE OF THE YEAR 2015 —
PRESENTED
Madam Chairman, that takes us to Item 5, presentations. We're
very excited this morning to have two special recognitions of dedicated
County employees. These are our annual awards for our Employee of
the Year and our Supervisor of the Year.
Item 5.A is a recommendation to recognize Pam Bastien,
Customer Service Specialist with our Growth Management
Department, as our Employee of the Year for 2015.
So Pam, if you'd please step forward.
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January 26, 2016
(Applause.)
CHAIRWOMAN FIALA: Look at that, you got a standing
ovation.
And Pam, we would like to present you with this little check. I
wish it was hundreds of thousands of dollars, but -- and also this
plaque. We're just so proud of all you do with the employees and
really, you bring a light of happiness to everyone. Thank you.
MR. OCHS: Pam?
(Applause.)
MR. OCHS: While she's getting her photo, I'll tell you a little bit
more about Pam to try to embarrass her for a few minutes.
Commissioners, Pam's been selected from all of the individual
monthly Employee of the Month honorees this year as our Employee
of the Year.
She wears a number of hats, is the first face in voice most people
see or hear when they contact our Growth Management Department,
whether you're an internal or an external customer.
In addition to her outstanding customer service skills at the front
desk, Pam also handles the road alert for all projects, lane closures,
delays, construction management, et cetera, that are going on
throughout Collier County. And she works closely with outside
construction companies like the Florida Department of Transportation
to make sure that their updates are current. This is a vital service that
she performs that our residents are well informed and kept safe out on
our roadways.
She always has a smile and a kind word and always does her best
to be sure her customers are 100 percent satisfied.
Pam is a proud military veteran, serving four years in the Navy
and 17 years in the Army National Guard. She's devoted to her job
and her co-workers and Collier County residents, and she's certainly
very deserving of this award.
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January 26, 2016
Commissioners, it's my great honor to recognize Pam Bastien as
the Employee of the Year for 2015. Congratulations, Pam.
(Applause.)
MS. BASTIEN: Thank you, Commissioners. Nick, Leo. This is a
great honor for me. A big surprise also.
And I couldn't do my job well without the support of all my
coworkers. They all deserve Employee of the Month and Employee of
the Year.
I'd especially like to thank Jeanie for putting me in for this, Jeanie
Marcella. She started the whole process.
My supervisors, Gene Shue and Connie Dean who put up with
me.
And I couldn't do my job well without the support of the facilities
people who always come running when I call; traffic operations,
especially Pam Wilson who always answers the phone; and also --
there's one more, I can't think of it. Road Maintenance, Diane Lynch
and her group. They all help me all the time. They put up with me.
I'm so honored to accept this. Thank you so much.
(Applause.)
Item #5B
RECOMMENDATION TO RECOGNIZE ALLISON KEARNS,
MANAGER FINANCIAL AND OPERATIONS SUPPORT,
GROWTH MANAGEMENT DEPARTMENT AS SUPERVISOR
OF THE YEAR 2015 — PRESENTED
MR. OCHS: Item 5.B is a recommendation to recognize Allison
Kearns, the Financial and Operations Support Manager in our Growth
Management Department, as the Supervisor of the Year for 2015.
Allison, please step forward.
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January 26, 2016
(Applause.)
CHAIRWOMAN FIALA: This is a little check from us; wish it
was lots more. And here is a plaque. And we'll enjoy coming to see
you and seeing it on the wall.
MR. OCHS: Commissioners, Allison again was recognized by
her peers as Supervisor of the Year for 2015. This year she's offered to
take on several additional projects, including leading an accounting
task force for County-wide implementation, serving on various internal
control teams directed by the County Manager's Office, working with
the internal review manager on implementing County-wide accounting
standard operating procedures, and also working on the artificial reef
program.
Allison has gone above and beyond as a team leader. She always
has a smile on her face and is very willing to listen.
Her personality and leadership skills encourage and motivate
others to do more with less for a successful outcome. She's a true
leader and very deserving of being named Supervisor of the Year. I
personally am very grateful for her for all the special projects. I call her
up on a monthly basis and ask her to bail me out on one thing or
another and she's always willing to do it.
So it is indeed an honor to recognize Allison Kearns as
Supervisor of the Year for 2015. Congratulations, Allison.
(Applause.)
COMMISSIONER NANCE: You've got a very enthusiastic and
rowdy group there in Growth Management, Mr. Wilkinson. I know
you're standing next to Travis; that's I think a wise move, yes, sir.
MR. WILKINSON: Bodyguard.
MR. OCHS: I don't know what Dr. Yilmez is putting in the
water. We'd like some shipped over here.
COMMISSIONER NANCE: That's for a future agenda item, sir.
MR. OCHS: Commissioners, that takes us to -- we have a 9:30
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January 26, 2016
a.m. time certain, so I'm going to first turn to Commissioner Henning
and see if he believes he can cover his item in six minutes, or do you
want to do yours after the public hearing, sir?
COMMISSIONER HENNING: Well, I can do it in six minutes,
but I'm not king. We've got to hear from the queens.
CHAIRWOMAN FIALA: I have a funny feeling that more
discussion would want to take place, and I want to give Commissioner
Henning every opportunity to have that take place, so --
MR. OCHS: That's fine, ma'am. We have some staff items that
we could go to right now before our --
CHAIRWOMAN FIALA: Okay.
Item #11A
AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT
OF $7,178,472.15 TO QUALITY ENTERPRISES USA, INC. AND
RESERVES OF $572,000 ON THE PURCHASE ORDER FOR
FUNDING ALLOWANCES, FOR A TOTAL OF $7,750,472.15
FOR ITB #16-6550 "IMMOKALEE ROAD AND COLLIER
BOULEVARD INTERSECTION IMPROVEMENTS," PROJECT
NO. 60132; DECLARE A VALID PUBLIC EMERGENCY TO
COMPLETE THE DESIGN AND POST DESIGN SERVICES; AND
APPROVE WORK ORDERS AND NECESSARY BUDGET
AMENDMENTS — MOTION TO APPROVE STAFF'S
RECOMMENDATIONS AND AFTER-THE-FACT APPROVAL OF
A PAYMENT IN THE AMOUNT $73,308 TO CH2M HILL FOR
PREVIOUS WORK THAT WAS PERFORMED ON THE BASIS OF
QUANTUM MERUIT — APPROVED
MR. OCHS: -- advertised public hearing.
The first item would be 11.A under the County Manager's Report.
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January 26, 2016
This is a recommendation to award a construction contract in the
amount of$7,178,472.15 to Quality Enterprises USA, Incorporated for
the intersection improvements at Immokalee Road and Collier
Boulevard. And Mr. Joe Delate from your Transportation and Road
Maintenance Section will present.
MR. DELATE: Good morning, Commissioners. I'm here for
Item 11.A. My name is Joseph Delate, I'm with Transportation
Engineering.
Today is the Collier Boulevard/Immokalee Road Intersection
improvement project.
I'd like to make a brief presentation. I know your time is valuable;
however, we need to put a couple of things on the record if we could,
please, for the project, including an emergency declaration and also
changes in the final recommendation as shown on the last slide of the
PowerPoint I'm going to show you.
Our staff has worked closely with the Clerk's Office on this issue
and we really thank them for their assistance in resolving these issues,
and hopefully today I can convey what the items are and we would
receive your approval. Again, thank you for your time.
Our item again: The Collier Boulevard Project. I have a brief--
there's a location map as you're well aware. This is existing
conditions. We have a CVS and a Naples Hospital that was recently
built there.
Today we have two parts of the agenda: The first part is the award
of the construction contract to Quality Enterprises. That's Contract
16-6550. And we have another item, which is address the design
issues, CCNA and the urgency of the project.
The construction we're approving today creates a new four-lane
bridge over the Cocohatchee, new turn lanes on Immokalee Road,
realignment of the intersection and setup for a future overpass
connection to the new Collier Boulevard North, stormwater,
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January 26, 2016
signalization, roadway and utility improvements. And if all goes well,
we should be completed by sometime next summer, 2017.
We have had several bidders. We had a wide range which bids.
Low bid was approximately $7.75 million to Quality Enterprises,
Incorporated, which is a local firm, has done good business for Collier
County in the past.
The process of this project was there was two DCA's that were
previously approved by the Board of County Commissioners in 2007:
Mirasol, which is an adjacent development, had a DCA. And also in
2014 Twin Eagles South DCA allowed for design to be done for this
project. So this was a developer design project.
And now, after those stages were done, the County had to pick up
the pieces and put it to bid and come up with some design and
post-design cleanup on the project. And then also the procurement,
which is the bid which you would be approving today.
We have a lot of utility infrastructure out there that during the
design at the finalization of the design came forward and some issues
were addressed -- needed to be addressed with utility infrastructure out
there.
As you may well be aware, there's a lot of traffic congestion at
this intersection. The northbound is only a two-lane bridge that serves
the hospital and a CVS and future and current development in that
area. These are recent pictures taken in the afternoon and then this
picture, which is quite outstanding, shows the westbound morning rush
into Naples and the backup at this intersection.
This aerial shot here has an overlay of the improvements that I
went over previously, including reworking of the Cocohatchee Canal.
And it's already been done on the east side, we're now extending it to
the west side and the creation of the new bridge, et cetera, that I
explained.
Today we ask you for your indulgence in supporting a valid
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January 26, 2016
public emergency for part of this project. And the reasons for that are:
The Cocohatchee Canal, which centers right through this project, will
only be allowed to be closed by South Florida Water Management for
a brief period of time, from March 'til June. So we are in an urgent
mode to begin this construction in March to try to beat the rainy
season.
Additionally, the emergency room that was recently constructed
there has very poor access and visibility. Also, the existing commercial
proposed and current residential developments have very limited
access. And then if we go forward with this public emergency, we can
accelerate the construction without going out for an RFP for the design
process.
We have an original staff recommendation inside your executive
summary. However, today we have slightly modified that. And the
last slide I will show you will explain that effectively. However, what
you currently are being asked for is to award the contract to Quality
Enterprises for 7.75 million, authorize the Chairman to sign the
contract, declare a valid public emergency to complete the post-design
services, which is the services of the engineer during the construction
process that was never encompassed in those DCAs, and then use the
principal of quantum meruit to approve payments for existing design
work orders that were done previously. And then approve work orders
for the same post-design services that I previously talked about, and
then approve the budget amendments to pay for all these activities.
And we have a modified staff recommendation that is not in the
executive summary that came forward with some of these discussions
with the Clerk's Office and staff. And on the slide in front of you,
basically the area in bold, is different from what is exactly in your
executive summary. But what the change is, is it allows previous work
that was done for some of these services for design to the engineer of
record, CH2M Hill, in the amount of$73,000 and change for updated
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January 26, 2016
utility design work be allowed using the doctrine of quantum meruit
which basically allows for payment for work that was done outside of
a contract as a point of fairness.
And today I ask for your approval of these concepts and these
recommendations. And I'm ready to answer any questions you might
have.
CHAIRWOMAN FIALA: Commissioner Nance, you were the
first one.
COMMISSIONER NANCE: Yes, ma'am. This is a critical
needs intersection that is between my district and Commissioner
Henning's district. I think there is absolutely every reason to try to
move this forward in a timely fashion because of the restrictions of
South Florida Water Management District, the needs to get our
hospital on line, the housing developments and the insufficient time
frame that we have, I think there's every reason to declare a valid
public emergency.
So I'm going to make a motion to adopt the staff request and the
amendment as presented today for approval so that we can move this
project forward.
COMMISSIONER TAYLOR: I'll second that.
COMMISSIONER HENNING: Second that motion.
CHAIRWOMAN FIALA: And I have a second from
Commissioner Taylor.
Commissioner Henning?
COMMISSIONER HENNING: Thank you. Good morning, Joe.
MR. DELATE: Good morning.
COMMISSIONER HENNING: Could you forward me your
presentation?
MR. DELATE: Yes, sir.
COMMISSIONER HENNING: I want to get it out to some of
the residents so they know the design. Thanks.
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January 26, 2016
MR. DELATE: You're welcome.
CHAIRWOMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: Help me with this, because you've
explained it. I read this executive summary three times and it's just not
my language, so forgive me if I ask questions.
I seconded the motion so I'm supporting this so I just want to say
this. But I have a couple of concerns and one of them is that you've
got 70 -- correct me if I'm wrong, $73,308 that is being billed by
CH2M Hill that has not been paid for; is that correct?
MR. DELATE: That work was done outside of a contract. And
that work I do not believe has been invoiced yet. But the work was
done outside of a work order, or contract.
COMMISSIONER TAYLOR: Okay, so how did that happen?
MR. DELATE: Well, you are aware of the two DCAs that came
forward. So basically this was a developer design project. They pay
the engineer of record, not the County, to design this project --
COMMISSIONER TAYLOR: Okay.
MR. DELATE: It went forward in fits and starts due to the
economy, as you're aware, in the ES. And what happened was when
we came to the 2014-2015 time frame after the last DCA work was
done, they realized that there was some work that was outside of those
contracts, those DCAs that needed to be done. And we did not want to
have that work done later, because we would have to tear up the
intersection at a later date.
So for the sake of saving taxpayer money, it would be the best
practice to go forward and try to modify the design and upgrade those
utilities at the same time as we did this construction. And unfortunately
it was done, it was not encompassed in those DCAs and there was no
other mechanism to do that work except to have this approval that is in
front of you today.
COMMISSIONER TAYLOR: Is it normal that DCAs, generally
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January 26, 2016
they're paid for by the developer, right, all the engineering; is that
correct?
MR. DELATE: Most of the time that's right, it's built into the
DCA where the developer would work for them. We have other
projects that you'll eventually see as they come forward that are in the
same mode.
COMMISSIONER TAYLOR: Okay.
CHAIRWOMAN FIALA: For the sake of the audience, DCA is
Developer Contribution Agreement.
MR. DELATE: Thank you, Commissioner.
COMMISSIONER TAYLOR: I've been learning this too. I'm
right there with the audience.
Okay, so what you're telling me is that CH2M Hill did work
without an invoice, without a work order.
MR. DELATE: They did work without authorization; that is
correct.
COMMISSIONER TAYLOR: So how are we holding them
accountable here?
MR. DELATE: Well, we will put them into a process of what we
call like a staff reprimand, which is a -- it's called a Bernie system. We
have a vendor evaluation system. And they'll be written up in that
mechanism. We've already had a meeting with them, several meetings
and talked to them and we've chastised them and they understand the
gravity of the situation, and they understand they're at your mercy
today. Basically it's subject to your approval. And we will not allow
this to happen again in the future.
COMMISSIONER TAYLOR: How are you going to stop that
from happening in the future?
MR. DELATE: Well --
COMMISSIONER TAYLOR: Or prevent it, at least --
MR. DELATE: -- we have some of these DCAs that will come
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January 26, 2016
forward we're going to have to address. Because unfortunately when
they were created sometimes they did not fully encompass a whole
project, which is from start all the way to close-out of permits. And so
any future DCAs that come forward obviously we're going to make
sure they cover everything, and then we will try to have anything in the
future approved before it goes forward. In other words, we would
come to the Board ahead of time and ask you this as opposed to after
the fact.
COMMISSIONER TAYLOR: Yeah, you understand it puts us in
a --
MR. DELATE: Absolutely.
COMMISSIONER TAYLOR: -- difficult position. But we
support you, obviously.
The other issue is, is do you know, is there anything coming
before us or any other issues like this out there that are coming before
us?
MR. DELATE: Well, we have a couple other DCA roadway
projects which oftentimes have utilities. And I don't know there's any
that had work that was done already. But there are some that are
coming forward that may have work that needs to be done, which is
post-design services, that's during construction. So you haven't
approved the construction of those yet so they haven't come forward to
you. I don't see it's one of the things where you're going to be
approving after the fact. It may be you're approving it in advance.
MR. CASALANGUIDA: Commissioners, if I could just add,
there is Logan Boulevard where we received a TRIP Grant from the
State of Florida where a private engineer designed the road. And to
take advantage of about $3 million of FDOT money, we will be in
front of you asking to use the engineer of record for post-design
services. They're very similar to this. It would make no sense to use
any other engineer to take advantage of the $2.5 million from Florida
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January 26, 2016
FDOT. So that will be coming forward.
COMMISSIONER TAYLOR: So we're using the engineer of
record?
MR. CASALANGUIDA: Yes, ma'am. An engineer designed it
privately for the developer.
COMMISSIONER TAYLOR: Oh, outside of our CCNA, right?
MR. CASALANGUIDA: That's correct. And they're going to
turn those plans over to the County because FDOT will not allow them
to be the sponsor. Only the County can. So we'll bring an item forward
to recognize their engineer of record and allow post-design services to
be part of that.
COMMISSIONER TAYLOR: Okay. All right, thank you.
CHAIRWOMAN FIALA: Okay, Commissioner Hiller?
COMMISSIONER HILLER: What's the real issue here? Were
you aware that this work was being done as it was being done?
MR. DELATE: Actually, the work was being performed for
another department in the County, utilities.
COMMISSIONER HILLER: But the County was aware the
work was being done?
MR. OCHS: Yes.
MR. DELATE: Yes.
COMMISSIONER HILLER: And the County staff authorized
the work to continue, notwithstanding the fact that the work order was
not executed, correct?
MR. OCHS: We were late issuing the notice to proceed.
COMMISSIONER HILLER: So this is nothing special. This
falls under any other scenario that we have where you just bring it
forward. In this case in essence it's ratification because it was an
emergency situation. This falls squarely within the four corners of our
ordinance. I'm not sure what's so special about this. I mean, you knew
the work was being done, you were late in preparing the paperwork.
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January 26, 2016
The work was necessary because there were exigent circumstances.
And so if I understand correctly, the developer's engineer was used
because it was an emergency and because as it related to the County
the scope was under the CCNA's threshold and therefore the CCNA
would not apply, and therefore you're now before us because it's over
the $50,000 threshold to ask for that ratification; is that correct?
MR. CASALANGUIDA: Ma'am, we're in front of you because
the work order was not issued before the work being done. That's the
reason we're here.
COMMISSIONER HILLER: Well, you're asking for ratification.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: And the ratification under statute
and our ordinance is justified because of the exigent circumstances,
correct?
MR. CASALANGUIDA: That's correct, ma'am.
COMMISSIONER HILLER: And therefore you are asking us to
approve after the fact.
MR. CASALANGUIDA: That's exactly it, after the fact. We're
acknowledging that we didn't issue the work order in time and the only
way to get this work done was to allow the engineer to proceed.
COMMISSIONER HILLER: And you are also stating that the
CCNA does not apply, because as it relates to the County portion of
this project, which is what we're talking about right now, the scope of
the work is under the CCNA threshold.
MR. CASALANGUIDA: No, ma'am, it's within CCNA, because
the scope of the construction project is over $2 million. So those two
thresholds with CCNA.
Now, the utility project could be standalone. It wouldn't make
any sense to go out and do a .5 million dollar utility --
COMMISSIONER HILLER: Well, I mean, if the CCNA applies
and you didn't go -- you didn't put this out to bid in accordance with
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January 26, 2016
the CCNA, your real issue is CCNA.
MR. CASALANGUIDA: It's both, ma'am. That's why you
declare an emergency, to get this thing done and allow it to go forward
and that the work order was issued or the work was directed.
COMMISSIONER HILLER: I mean, I have to say, I'm not sure.
And I don't see this as the ratification of the contract and the failure to
produce the underlying document. The issue that I have, which is
unrelated to our purchasing ordinance but goes to the state statute is if
you're telling me this should have been let under the CCNA as it
relates to the County portion of this project, not the developer portion
but the County portion of this project, then I think you have a problem.
Because I don't believe that we can waive the CCNA.
MR. KLATZKOW: You couldn't have done it though with the
time frame. And the --
COMMISSIONER HILLER: But --
MR. KLATZKOW: May I finish? And the reality is, had you
gone through the CCNA process, you would have gotten the same
result anyway, because no other engineer is going to sign his name to
the other engineer's work.
COMMISSIONER HILLER: That's not my question. This goes
directly to the issue of the CCNA. Do we have the legal authority to
waive the CCNA?
MR. KLATZKOW: You are declaring this an emergency. That
is --
COMMISSIONER HILLER: Do we have --
MR. KLATZKOW: Yes.
COMMISSIONER HILLER: -- the legal authority?
MR. KLATZKOW: Yes, this is a legal item.
COMMISSIONER HILLER: So if we have the legal authority to
waive the CCNA because of exigent circumstances -- because this has
nothing to do with the ratification of what was done in the absence of
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January 26, 2016
the underlying documentation. This goes directly to the CCNA. That's
the issue here.
MR. KLATZKOW: It goes to both the CCNA and the fact that
there was no purchase order. That's the quantum meruit portion of it.
COMMISSIONER HILLER: But that is easy to address because
our ordinance provides for a mechanism to do that. And the state
statute provides a mechanism to do that.
The issue is whether or not statutorily we can waive the CCNA
because of exigent circumstances.
The first issue, you know, question number one, we can satisfy
easily. That's not a problem. The quantum meruit, the ratification
because of the absence of the preparation of a work order, not a
problem.
Waiver of the CCNA is the issue. And if you're telling me that's
okay, then we're relying on your representation and we're doing it. But
that's the issue in this case, not the first. And I need to make that clear
for the record.
CHAIRWOMAN FIALA: Thank you very much. And
Commissioner Taylor?
COMMISSIONER TAYLOR: Yeah, and I'll just finish. I forgot
to add, I actually visited the site of the intersection. And oh, my
goodness, it's unbelievable. It's when we used to have two lanes going
north all the time and then it narrows down. It's very dangerous and it
was extremely crowded, so it needs to be done.
CHAIRWOMAN FIALA: Thank you. And with that, I have a
motion to approve and a second. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
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January 26, 2016
CHAIRWOMAN FIALA: Opposed, like sign.
(No response.)
CHAIRWOMAN FIALA: Okay, we have a 5-0 on that. Thank
you very much.
MR. DELATE: Thank you very much, Commissioners.
Item #9A (Discussed; Tabled until after lunch)
RECOMMENDATION TO APPROVE A RESOLUTION
PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL
USE TO ALLOW A CHURCH WITHIN AN ESTATES (E)
ZONING DISTRICT PURSUANT TO SECTION 2.03.01.B.1.C.1 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A
4.05+ ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF
PINE RIDGE ROAD (C.R. 896), ONE-QUARTER MILE EAST OF
INTERSTATE 75, IN SECTION 17, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PETITION
CU-PL20140000543] — MOTIONT TO TABLE ITEM UNTIL
AFTER LUNCH — CONSENSUS
MR. OCHS: Madam Chairman, Commissioners, that takes us to
your 9:30 a.m. time certain item on today's agenda. It's Item 9.A. This
item will require that ex parte disclosure be provided by
Commissioners, and all participants are required to be sworn in by the
court reporter.
This is a recommendation to approve a resolution providing for
the establishment of a conditional use to allow a church within Estates
zoning district pursuant to the County's Land Development Code for a
4.05 plus or minus acre property located on the south side of Pine
Ridge Road, one quarter mile east of Interstate 75.
Madam Chair, it would be appropriate to take ex parte and then to
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January 26, 2016
swear in participants at this time.
CHAIRWOMAN FIALA: Very good. Shall I start with the ex
parte, Leo?
MR. OCHS: Yes, ma'am, that's fine.
CHAIRWOMAN FIALA: Okay, fine. So may I hear ex parte
from our Commission members. We'll start with Commissioner
Henning.
COMMISSIONER HENNING: I received phone calls and
emails. And let me get my notes. I spoke to Ty Vigil on this issue,
Rich Yovanovich, Tim Hancock, Leela Bolla, Brent Smith, and I
attended a service at Summit Church. That's it.
CHAIRWOMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: I discussed this case with staff,
reviewed the documentation prepared, spoke to Rich Yovanovich and
Dorothy Hirsch.
CHAIRWOMAN FIALA: Very good.
Commissioner Taylor?
COMMISSIONER TAYLOR: Yes, I've had meetings and emails
and calls and email from Marc Huling, a meeting with Dorothy Hirsch
and Dr. Bolla and Mark Strain. Conference call with Rich
Yovanovich. And I had a site visit also.
COMMISSIONER HILLER: Let me just add, I also received
emails.
CHAIRWOMAN FIALA: I'm sorry?
COMMISSIONER HILLER: I received emails.
CHAIRWOMAN FIALA: Okay, very good.
Commissioner Nance?
COMMISSIONER NANCE: Yes, I've reviewed the staff report
and related documents, I've had meetings and discussions with staff, a
phone call with Mr. Yovanovich, counsel for the petitioner, a meeting
and discussion with Dr. Bolla. And that's it. Thank you.
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January 26, 2016
CHAIRWOMAN FIALA: Thank you. And I've had meetings
and calls and met with staff. I've had a meeting with Rich Yovanovich,
with Aaron Lundquist and also with Dr. Bolla. And then I had
yesterday another meeting with Tim Hancock from Stantec, Johnny
Pereira, the elder -- the senior pastor at the church, and Aaron
Lundquist, the family pastor.
MR. OCHS: Madam Chairman, it would be time to swear in the
participants, please.
(All speakers were duly sworn.)
MR. OCHS: Madam Chairman, you have 10 registered speakers
on this item, just for the Board's information.
CHAIRWOMAN FIALA: Thank you. So what we will do is we
will first hear from the petitioner, then we'll hear from staff, then we'll
hear from the speakers and then the Commissioners will keep their
questions until after that's all taken place. That should move us along
nicely.
MR. YOVANOVICH: Good morning. For the record, Rich
Yovanovich on behalf of the petitioner.
I have a lot of people here who can answer any questions you
may have, but not all are scheduled to speak, but I'll introduce them.
You have Johnny Pereira, who is the -- I know we -- I say senior pastor
as well, but the pastor of the church who will be presenting today.
Jason Nye, Aaron Lundquist and Nate Johnson who are also with the
church. Tim Hancock, who is our professional planner on this will be
also speaking. Jeff Perry was our transportation consultant and Jeremy
Sterk was our environmental consultant on this. They'll speak if you
have questions regarding transportation or environmental.
I've put on the visualizer the roughly four-acre site that we're here
before you today requesting a conditional use. From a locational
standpoint, the church will front and access, only access, Pine Ridge
Road, which is to the north, the top of the page. We're immediately
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January 26, 2016
adjacent to Dr. Pena's property, which is to the west, to your left.
Across the street is the Vineyards PUD, in particular the Crossroads
Shopping Center, as well as the old Cleveland Clinic Hospital that's
now Physicians Regional. So to put you in perspective of where we're
located.
The church petition before you has gone through a lot of public
comment and a lot of public discussion and modification by the
church, which Tim will take you through in much greater detail. But
we made sure we did a tremendous amount of public outreach in
response to comments we received from the residents, mainly from
Napa Woods Way.
There was comments before we went to the Planning
Commission. The Planning Commission meeting was continued with
the intent of going back to the neighbors to address comments that
came up at the Planning Commission meeting. We held another
neighborhood information meeting with the revised plan that we
ultimately presented to the Planning Commission and which is
ultimately in front of you today.
I would say in my opinion and I think the Planning Commission's
opinion, we addressed the concerns of the neighborhood except for the
one comment which was just go away. We addressed access, we
addressed noise, we addressed buffering, we addressed off-site
preserves; we addressed all of those and incorporated those into the
growth management plan.
There was a lot of discussion regarding Growth Management
Plan consistency. And your staff, David Weeks in particular, reviewed
this petition for consistency with the Growth Management Plan. And I
just want to put those provisions on the visualizer real quickly, because
I'm sure you'll hear a lot of discussion today regarding consistency
with the Growth Management Plan.
The project is obviously within Golden Gate Estates. And it is
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January 26, 2016
eligible for what we're requesting, which is a conditional use, because
we're adjacent to nonresidential uses. I anticipate you'll hear a lot of
discussion about this property is not eligible for the transitional
conditional uses, and I've put on the visualizer the actual provisions
that are in your Comprehensive Plan, so we can address a couple of the
concerns that were raised at the Planning Commission and I expect to
be raised again today.
One of the concerns was we would buy the property next door
and expand the church. Well, as you can see from the conditional use
criteria, we're not allowed to exceed five acres. We're four acres now.
If we bought the property next door to us we would be over the
five-acre threshold. So there's no risk that we're going to buy this
piece next door to expand the church operations. So when Johnny
takes you through the weekend life of the church, he's telling you what
the church will ultimately be with no plans or further expansion.
Second, there will be comments that will be raised that we are a
commercial use as a church. If you look at your own Comprehensive
Plan, it specifically says we can't use a church or other type of
institutional use as the basis for implementing the conditional use
provisions that we're going under.
So a church is not a commercial use. And to further emphasize
that point we showed this to the Planning Commission as well. This is
a table of all of the zoning districts that exist under the Collier County
Land Development Code. And in this table you will see that not only
does agricultural and Estates, but every one of the residential zoning
districts allow churches as conditional uses. So churches are in fact
compatible with residential uses and are in fact allowed under all of the
zoning districts, provided you go through the conditional use process,
which we are going through today.
So your staff has found us both consistent with the Growth
Management Plan and your staff also found us as to be meeting and
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January 26, 2016
being consistent with all the Land Development Code criteria for
conditional uses.
Now, a conditional use is a little bit different than a rezone. The
neighbors have said that we're trying to rezone the property to allow
this use. As I've shown you, the Estates zoning district allows this use
as a conditional use, so it is permitted on that property, provided we
meet certain limited criteria. If we meet the criteria, we're entitled to
the use.
And we've gone through and Tim will take you through those
criteria, but your own planning staff has reviewed and determined
independently that we met the very limited conditional use criteria.
We'll make the same presentation to you that we made to the
Planning Commission. The Planning Commission voted 4-1 to
recommend approval of the conditional use that's in front of you. It's
basically a 19,000 square foot building, single-story building, from all
appearances. It will house 400 seats.
We'll go through a very detailed list of things that will not happen
on the property. People were raising concerns about certain uses
occurring on the property that we never intended and don't exist at the
current location up in Fort Myers. We'll take you through all of that in
our presentation.
I would request that we finish our presentation, then open it up for
questions. Hopefully we'll answer them in the presentation. But if not
you always have the right to interrupt us and ask any questions.
But with that, I'll turn it over to Johnny to take you kind of the
weekend life of Summit Church and the plans for Summit Church as it
continues its growth in Collier County and Southwest Florida.
PASTOR PEREIRA: Good morning, County Commissioners.
For the record, my name is Johnny Pereira, and I am the teaching
pastor at the Summit Naples congregation, one of the directional elders
of Summit Church.
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January 26, 2016
Summit Church is one church in three locations. We have a
congregation in the Estero area, we have one in the Gateway area, Fort
Myers, and obviously we have one right here in Naples.
And I also want to say that I'm pleased this morning to have some
of our congregants here in the audience today. The majority of people
that you see in our audience are from our Naples congregation. Those
individuals stretch all the way from Marco Island, East Naples, North
Naples, and those directly by our property in discussion today, and
they are obviously here to show their support for the project.
My purpose and aim of my testimony this morning is to share
with you first of all the history and mission of Summit Church, our
philosophy of how we implement that mission, what an average week
consists of at our Naples congregation, and then the positive impact
that has resulted up to this point as a result of the mission of Summit
Church.
So let me begin on the history of Summit Church. Summit
Church started 12 years ago in Estero in Lee County on the campus of
Florida Gulf Coast University with this mission, and it still is our
mission today. I know there's been some debate and you've heard
maybe some things about what our mission is and so let me clarify
that.
Our mission is to glorify God by making disciples who represent
the Gospel to every man, woman and child.
And soon after Summit began, a piece of property was donated to
us next to the campus of Florida Gulf Coast University. And the first
phase of this facility was constructed on that piece of property in 2006.
And during this time it was in this time that the philosophy of how we
carried out our mission that I just shared with you was solidified.
What we came to was rather than going the traditional route
where many churches go that the quote, unquote mega church model
that has a facility that holds a few thousand people in it, which was the
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January 26, 2016
original site plan for this property, we believed the best way for our
church was to implement our mission which is to represent the Gospel
to every man, woman and child in Southwest Florida, was to actually
have smaller congregations throughout Southwest Florida to give
people more access to the Gospel of Jesus Christ.
So if I'm going to put it in business terms this is what it looks like:
The best way to saturate an area with your product is not to build one
big center downtown and have people come to you but rather smaller
facilities through a region so more people would have access to your
product.
So in 2007 before our building up in Estero was even finished
being constructed in 2007, the Naples congregation began meeting at
Barron Collier High School, which is where we continue to meet, due
to the many congregants that were traveling up from Naples and
Collier County to the Estero facility. And so in February the Naples
congregation will actually be nine years old.
And then in 2012 Summit, we began our third congregation in the
Gateway area of Fort Myers. And here's the reason why I'm sharing
this with you: Is because the history of Summit Church reveals our
philosophy and strategy of how we believe God has called us to carry
out our mission as a church. And I believe the reason I'm sharing this
with you this morning is this point is very relevant to the site plan that
you just saw before you that Mr. Rich Yovanovich showed you, that
it's relevant to the site plan and the piece of property that's before you
today.
We have said, as was already mentioned in the last two
neighborhood informational meetings, in the last two planning
meetings in October and November, that we have no desire to purchase
more property adjacent to our existing property, regardless of what the
code says in Collier County, because to do so would go against the
strategy and philosophy that we have as a church in how we carry out
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January 26, 2016
our mission.
Throughout this process we have listened intently to the concerns
of the neighbors around this piece of property that we own. We have
taken those concerns very seriously and have made significant changes
to the site plan accordingly to show the surrounding neighbors that we
do truly desire to be a good neighbor and to be a beneficial resource in
this area of Naples, which you will hear more from Mr. Rich
Yovanovich.
What I want to do now is just share with you what an average
week looks like at our congregation. And ifs really consistent with
what we have at our other two congregations that actually have
facilities.
We have a Sunday morning worship service that meets at 10:00
a.m. Every Sunday we gather together, we have children's ministries
that takes place, right now currently at Barron Collier High School and
would be on this facility as well while the adults are worshiping. That
ministry goes from birth to fifth grade.
Our average adult attendance at our Sunday gatherings is 275
adults. Our average children's attendance in our ministry is 75
children. So when you see that you have a 400-seat auditorium the
reason for that is because we desire to start another congregation in
East Naples close to 941 and -- or 951 and 41, and then in East Naples
(sic) east of Immokalee and 951. And so that once again, that's the
reason why you see the plan that you have before you today is based
on the philosophy that I just shared with you.
Our Wednesday, we have a Wednesday night youth ministry that
meets from 6:30 to 8:30. We average around 40 teenagers at that time
that we currently meet behind Bob Evans across from Super Target on
Immokalee Road in our multi-purpose facility. We have a men's
morning Bible study that meets from 7:00 to 8:00 a.m. We have a
women's Bible study that meets every Thursday from 6:30 to 8:00 p.m.
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January 26, 2016
And so as I close my time, I want to finally state that we often say
at Summit Church that we desire to be a church that if we no longer
existed the community would miss us. Because -- we say that because
we believe that the church has always been and needs to continue to be
a fabric of the community in which it lives. This is why we chose the
word represent in our mission statement when referring to how we
share the love of Jesus with others. Because the word literally means
to speak and act on delegated authority.
In other words, we see a responsibility as a church to not only be
a place that shares what we believe with our words but also represents
the love of Jesus to others around us through our actions.
And so what I want to do is just give you some statistics that since
our inception what we've been able to do in our community and
beyond. By God's grace we've been able to donate thousands of
volunteer hours in our community. Over 250,000 groceries have been
donated to local food pantries in the area. More than 6,000 backpacks
with school supplies to our public schools. More than 1,200 Christmas
gifts to needy families in the community through our public school
partnerships. 41 foster families in our church providing homes for
more than 100 vulnerable children in Southwest Florida. More than 20
children have been adopted through Summit Church. And we've
contributed $5.2 million throughout our inception to charities and
mission agencies across our area, nation and word.
You know, there's a reason why we've existed for nine years.
There's a reason why Naples, our Naples congregation has yet to have
a facility. Could we have? Absolutely. But we've tried to be very
wise in how we allocate our money to a permanent facility so not to
compromise the impact that we have already been able to have through
some of the facts that I've just read to you and what we desire to do so
in the future to positively impact this community moving forward.
We believe that this is just the beginning of what God desires to
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January 26, 2016
do through this church and the community of Naples and beyond and
we believe that this Naples congregation having this --
CHAIRWOMAN FIALA: Almost done?
PASTOR PEREIRA: -- permanent facility -- yep, I'm done.
-- at this location would allow us to be a beacon of hope and help
to this community. Thank you for your time.
CHAIRWOMAN FIALA: Thank you. I'm sorry to --
PASTOR PEREIRA: That's all right.
CHAIRWOMAN FIALA: -- cut you short.
Now, is there anybody from the presenter to --
MR. YOVANOVICH: He was. That was the pastor of the
church so he was presenting facts on behalf of the church.
CHAIRWOMAN FIALA: I understand that.
MR. YOVANOVICH: And Tim will take you now through the
site plan.
CHAIRWOMAN FIALA: Thank you.
MR. HANCOCK: And good morning, Madam Chair,
Commissioners.
Very quickly, what I'd like to outline for you is some of the
changes that occurred subsequent to our second neighborhood
information meeting with the residents. I think it's important because
the Planning Commission in essence sent us back to meet again with
the residents to do the best we could to create an issue and situation of
compatibility.
And we have -- of all the churches I've worked on over the 25
years I've been doing this, this is probably the lengthiest list of
conditions and situations that I've encountered. I think they're
appropriate. And I'd like to highlight those, mainly the changes, for
you very quickly.
First of all, there were eight conditions originally brought forward
to the Planning Commission. All eight of those conditions remain.
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January 26, 2016
And one of those, key was access solely on Pine Ridge Road. No
access on Napa Woods Way. There will be no traffic impact to the
neighborhood. A discussion of that is, in my mind, is completely
irrelevant. Access is a right-in/right-out on Pine Ridge Road only.
The additional requirements were presented to the community at
the second neighborhood information meeting, and some of them
refined a little bit further before we went back to the Planning
Commission.
First and foremost, the maximum size of the church was reduced
from the original request of 30,000 square feet down to 19,000 square
feet. That was not a simple or easy reduction. It really required getting
the architect involved and looking at how we can bring building height
down, shorten the mezzanine; the church kind of gave up what could
be ultimately flex space in a goal to bring that number down to
something that was more palatable and reasonable to the neighbors.
Also the following uses are prohibited in this location:
Rehabilitation or recovery operations. They're not allowed as a
conditional use of Estates zoning regardless. And no matter how many
times we said that we felt it was appropriate to include that as a
condition of approval.
Also, day care, playground, outdoor recreational equipment, flea
markets or outdoor amplified music.
This list was generated as a compilation of what the Planning
Commission expressed plus residents expressed. We've pretty much
taken any outside element away and put everything inside the building.
Setback from Napa Woods Way will be a minimum of 110 feet.
The setback from the eastern adjacent residential property will be more
than 75 feet.
The building will be constructed with materials designed for
sound dampening in order to avoid sound from inside the church being
heard outside the church. Even the exits to the rear of the building
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January 26, 2016
have been limited to only those allowed by fire code. That way again
we don't want a door being opened -- and doors and windows must be
closed during all services, that also is a condition.
Lighting on the site will be reduced to 15 feet in height. Also, flat
panel shields will be utilized and cut-off shields at adjacent property
lines.
Facilities will only be utilized by one church. They will not be
leased out or utilized by multiple congregations, again, a condition of
approval.
The on-site preserve will be retained and will have a minimum
width of 45 feet.
We took note from something else this Board recently approved
with regard to a commercial operation in almost the exact same
situation we're in where they had an Estates street to the rear, and that
was to add plantings within the preserve to achieve a certain degree of
opacity. So we've agreed to add plantings to the existing preserve to
reach an eight-foot high 80 percent opacity within one year. If you
can't hear us and you can't see us, you just may not know we're there.
The water management area in addition that's going to be between
the building and the preserve will be planted with bald cypress and
similar trees as well.
And lastly, the architectural style of the building shall be
Mediterranean, utilizing earth tone colors and a tile roof
Those are the elements. And I'm sorry, we had something to
present here. It's a very short --
MR. YOVANOVICH: It's 45 seconds.
MR. HANCOCK: If I can -- yes, it's the disk. There we go.
(Video was played.)
MR. HANCOCK: We prepared this visual to share with the
residents, because to that point they had only seen two-dimensional
site plans and we felt that a three-dimensional version would do a lot
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January 26, 2016
more for the conversation, which is again why it was -- the expense of
putting this together was created.
This will give you idea of the proposed building architecture, the
relationship to the surrounding properties, the degree of vegetation to
the rear, not only the 45 feet that we control but there's another 40 or
45 feet within the County right-of-way to the rear of the building.
Almost 100 feet of vegetation between the right-of-way and rear water
management area.
You'll see the clear space behind the building as a water
management area which will be planted with bald cypress as well.
And as that wraps up, your staff has concluded, we believe
appropriately, that we comply with the Growth Management Plan and
the Land Development Code with respect to this, and we submit that
report as evidence and thank you for your time.
CHAIRWOMAN FIALA: Thank you.
MR. YOVANOVICH: Just wanted to leave the actual master
plan up on the visualizer.
That concludes our presentation, and we're available to answer
any questions you may have regarding the proposed project.
CHAIRWOMAN FIALA: I've asked the Commissioners to hold
their questions until after we hear the audience as well.
So next we'll hear from staff.
MR. REISCHL: Thank you, Madam Chairman, Commissioners.
Fred Reischl with Zoning Division.
Without repeating a lot that's been said, this is a conditional use
for a church in the Estates zoning district. Staff has found that it is
consistent with the transitional conditional use criteria of the Golden
Gate Area Master Plan. And with the 18 conditions in the resolution,
the Planning Commission recommended approval and staff also
recommends approval.
CHAIRWOMAN FIALA: Thank you very much. And now let's
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January 26, 2016
hear from the audience members.
You say there are 10 speakers?
MR. MILLER: Yes, ma'am. Our first speaker is -- I'm having
trouble with -- Leela Bolla, followed by Mike -- I have no way -- Mike
S. something. He'll be our second speaker. Thank you.
MR. OCHS: Ladies and gentlemen, both podiums are available
to the speaker, so if one would line up and get ready to speak after the
next speaker, thank you.
DR. BOLLA: Good morning, Madam Chair and County
Commissioners. My name is Dr. Leela Bolla. I'm a local resident. I
bought my house on Napa Woods Way, which is about four plots from
this particular location east, in 1999.
I chose this particular property because I like nature, I love the
beautiful slough in the front of my house. I do not need to go to
Corkscrew Sanctuary to look at bald cypress, I can see it right in my
front yard.
We prefer to live -- and our street name is Napa Woods Way. It
is meant to be very quiet, very peaceful where families live.
When Dr. Pena's property was approved, it was done because that
piece of property, nobody wanted to buy it, and Commissioner
Hancock was very, very vocal during the approval of that, that the only
reason Pena's property was being sold as commercial, because nobody
wanted to live -- build a home in a highly -- high in density area.
So let's look at how this particular piece of property compares to
Dr. Pena's. And if you're looking at the concept of transitional, it
should transition down in intensity. Dr. Pena's property has 67 parking
spots. They have 177 parking spots for 400 people. Where are the rest
of the people -- how are they going to get to this congregation? How is
the congregation going to come here? They're going to fly? And how
can they park 400 cars or potentially 300 in 177 parking spots. They're
not going to park on Pine Ridge Road, they're going to park on our
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January 26, 2016
street.
Mr. Hancock -- now Mr. Hancock from Stantec says that traffic,
will not be effected at all. We won't even know they're there. That is
true if you expect us never to go on Pine Ridge Road ever again. Most
of us live there. We work. I go to the hospital across the street. I use
Crossroads Shopping Center. Yes I will know, I will have traffic
impact.
We are less than half a mile from I-75. And staff acknowledges,
Mr. Reischl said repeatedly, never say never. All the promises they
make today are going to be relevant today, and come six months from
now they can come right back here like they did when Pena's property
was said (sic), that's the last stand, now they're arguing for this. And in
six months they will come and buy property next to us. This is not
imaginary, it's happening right now. And it cannot happen again.
And allocation of finances, this is a financial deal. They're
buying at $50,000 an acre. I may be wrong, but I think the price of this
four-acre plot was 200,000, less than what Pena paid 17 years ago. I
think property values have gone up. This is a great financial
understanding for them.
CHAIRWOMAN FIALA: Thank you.
MR. MILLER: Your next speaker is Mike -- sorry, Mike.
MR. SBERTOLI: Sbertoli.
MR. MILLER: Sbertoli. He'll be followed by George Rhodes.
MR. SBERTOLI: Madam Chair, Commissioners, good morning.
My name is Mike Sbertoli and I rise in opposition to Summit's request
to build.
I believe that this matter not only had been anticipated by your
predecessors, but they actually provided the guidance and solution to
this matter which can be found in the minutes of the January 13, 1998
Collier County Commission review of the Dr. Pena rezoning request.
In 1998 residents on Napa had two major concerns: Traffic and
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January 26, 2016
leapfrog or creep of nonresidential growth to the east of the Pena
property. Traffic was solved by keeping ingress/egress onto Napa
Boulevard.
As to the future development to the east, the Commissioners
acknowledged the residents' fears. They spoke out saying we must give
residents some assurance that if Pena's approved no future leapfrog or
creep of nonresidential development would be allowed. It was decided
that their statements for the record on the record would act as a guide
to future boards. That if Pena was approved then Pena was the last
stand. No future non-residential development to the east would be
allowed.
The Board issued instructions to future boards to do the right
thing and stop any further expansion to the east of Pena.
A jumping forward 17 years, Summit purchased this residential
lot on Napa. At the first planning hearing in September, 2015
Chairman Strain asked Summit spokesman, Pastor Johnny: While
performing your due diligence on this property, did you review the
minutes of the Pena rezoning hearing? They are readily available on
line to the public. Did you know about the promise made to the
residents of Napa?
Pastor Johnny answered: Truthfully, no.
Later after Mr. Hancock's rebuttal Chairman Strain said: I know
that our country is wrought with politicians who say things and nothing
turns out the way that they say it. And maybe it's time we start
acknowledging and sticking by commitments made by political parties
at a certain time and date. Which is what happened in 1998.
In conclusion, Madam Chair, Commissioners, Summit began
planning this project knowing there was a chance of denial. They
began this quest in 2015. Unbeknownst to them, this governing body
promised residents of Napa that Pena the last stand was 17 years
earlier.
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January 26, 2016
I respectfully request your thoughtful review of the facts
presented and show by your actions today that the words of this
Commission matter today, tomorrow and into the future. Please honor
the commitment made in 1998 to the residents of Napa Woods Way.
Thank you.
MR. MILLER: Your next speaker is George Rhodes. He'll be
followed by Lou Perez.
MR. RHODES: Good morning and thank you. My name is
George Rhodes and I've lived on Napa Woods Way close to 22 years.
I have served this County for almost 20 years. I started in 1988 when I
opened Collier County Monitoring, Incorporated. It was an in-house
arrest program that was supported by Judge Eugene C. Turner, Judge
Ellis and Judge Thomas Trettis at the time. I had that program in and
ran that program for 10 years. In those 10 years we kept over 5,000
nonviolent traffic offenders out of jail. I helped save this County
millions of dollars in taxpayer money.
In 2007 to 2013, again, I was part of Rehabilitation Support
Services, an alcohol monitoring service. That also helped the County
save millions of dollars.
I feel I've been a good and productive member of this community.
Yet here at this point in my life, in my golden years, my peace and
tranquility have been compromised by this unforeseen event. I stand
before you and I ask, respectfully request, that you uphold the promise
made by the Board of County Commissioners in 1998 to the
homeowners of Napa Woods Way, which was then known as 10th
Avenue Southwest. I thank you.
MR. MILLER: Your next speaker is Lou Perez, and he'll be
followed by Luis Cid.
MR. PEREZ: Good morning, ladies and gentlemen of the Board.
My name is Lou Perez. I reside in Napa Woods Way. And I've
attended all the meetings presented by Summit and the previous
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January 26, 2016
County meetings.
I feel that the first meeting that we went to we had very strong
opposition as far as the planning board, and that created another
meeting where they moved forward for another planning review
session.
At that planning review session I felt that everything was swept
aside. Everything fell on deaf ears. I don't know what happened. I
looked at it as, well, they're moving forward and that's all there is to it
and that's what we have.
And I'm here again today basically to mention that it all seems
that it's just been moving forward without any kind of property rights
for us, the residents here, in Napa Woods Way. And the church,
yourself, you heard that their vision was to start small churches, small
congregations around. Well, their church, their present location is
22,000 square feet up in Estero. So now in the original meeting they
proposed 30,000 square feet. If their intention was to do -- honor their
own vision and present their own vision, then the planning gentleman,
Tim Hancock at Stantec for them would have honored their forthright
and originally offered a 20,000 square feet or a 19,000 square feet as
they're currently moving forward with now.
It's my opinion that from what I could see is that we have not met
the intensity that they were (sic) originally brought up that was viewed,
which is strong opposition. And that's where I stand. We just see --
we just see that the intensity of this whole project on a residential
street, it doesn't fit the area. Thank you very much.
MR. MILLER: Your next speaker is Luis Cid. He'll be followed
by Addie Cid.
MR. CID: Good morning, ladies and gentlemen. My name is
Luis Cid. I live at 6080 Napa Woods Way, right across the street from
the proposed project.
I believe this project do not belong there. The proposed project
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bring much unwanted noise to the community. Even the staff report
acknowledged that surrounding homes will be affected.
According to the attorney in the last hearing, the hours are not
restricted. This place calls for 24/7, seven days a week working people
there. They're going to be 400 plus people in that place.
I stand here in front of the Board today asking you if this fair to
our community. This project do not belong here. After a long day of
work our home is our happiest place and the one place one can go and
relax. The Human Rights Act state that we have the right to enjoy the
peace and quiet of home and surrounding.
We are working community, Collier County working force. We
need you -- we need you, our elected officials, to look out for us
working class. We have a voice but it was ignored by the staff and the
planning board. Thank you very much.
MR. MILLER: Your next speaker is Addie Cid. She'll be
followed by Marc Huling.
MS. CID: Good morning, ladies and gentlemen, Madam Chair.
My name is Addie Cid and I also live at 6080 Napa Boulevard with
him. My husband and I bought our lot back in 1996. In '97 we all
attended a barbecue at what is now known as Pena Medical Plaza.
During this barbecue Pena approached us about his plans. At the
hearing for Pena in 1998, the neighborhood was reassured that this was
the last stand. The then Commissioner Hancock, and I quote, said: I
would only support it if it was stated on the record that it is indeed a
transitional use to a residential use on the east side. And that being on
the record makes it very, very difficult for someone to come in later
and transition a transitional use. It defies logic. End of quote.
New quote: There are places in the Land Code book which says
you simply cannot perpetuate C-1. End of quote.
Because of this promise, my husband and I invested every penny
we had and lots of dollars we didn't, and we embarked on building our
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January 26, 2016
dream home. It took almost three years for us to complete our
builder/owner's home. When the market dropped and we almost lost
our house, we made a drastic life change. But we hung in there.
Losing our house was not an option. This home was built as a legacy to
our kids and new generations to come. As Latinos we sometimes feel
displaced. We feel we don't belong here nor in the country that we
were born.
Napa Woods Way is our home, our community. We have a
diversified community. We have international people. We love this
place. Most of us call it home. We have created a melting pot and we
all fit in.
It is disconcerting to me that the staff and the planning board
ignore many discrepancies and recommended approval for this project.
It seems their mind was made up before we even set foot in this place
back on November 5th.
The staff acknowledged -- on the staff report the staff
acknowledges that this project does not meet the spacing criteria. The
code for divided six-lane major arteries such as Pine Ridge Road is
660 feet from an intersection. This project begins at 170 feet. It does
not fit. It's not safe.
Rules and regulations cannot be changed any time to fit and suit
any lobbyist and his petitioner. These codes and regulations have been
implemented to ensure public safety. We are the public. It's not safe
for us. When people start getting killed or crashes every day, then
they're going to say oh, boy, what did we do? Let's be proactive, not
retroactive, okay.
The other thing is -- the other criteria is that -- oh, shoot, I lost my
thought, I'm sorry. Okay, I'm just going to leave you with a quote
from Mr. --
COMMISSIONER HILLER: No, I want to hear the criteria.
MS. CID: Oh, the other criteria -- thank you, Ma'am. The other
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January 26, 2016
criteria for conditional uses is that it must be proven that it's not
suitable for residential. This is a beautiful lot. My husband and I have
gathered our family and our funds together and we are ready to
purchase this, given the opportunity. We will build two houses and
have my kids, which are now grown up, live across the street, if they're
okay with that.
I just want to leave you with a quote from Mr. Nance, Chairman
Nance: If we honor and respect the low density Estates and we are
judicious in what we do, it can have a great positive effect. If we fail,
the opposite will occur.
Please, I ask you today, let's protect this. Let's protect our land.
Let's protect our community. We love the way it is. This is our happy
place.
CHAIRWOMAN FIALA: Thank you very much.
MS. CID: Thank you, ma'am. Thank you.
MR. MILLER: Your next speaker is Marc Huling. He'll be
followed by Jackie Thomas.
MR. HULING: Good morning. This Commission is not a rubber
stamp of the Planning Commission. My name is Marc Huling, I'm a
trial lawyer, I've been practicing in Collier County for 14 years. I live
on Napa Woods way.
We moved onto Napa Woods Way so that our children who are
under the age of five, two children, could grow up with open space and
nature. And we wanted to get away from a busy street and a golf
course community.
Here we're faced with a project where your own staff
acknowledges that it does not comply with the spacing requirements
under the code. This is very, very important and has been blown over.
It doesn't comply with the spacing from the intersection at Pine Ridge
Road. And that already is a very dangerous intersection. And now
you're faced with making that intersection more dangerous. You're
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January 26, 2016
talking about a church that wants to have 171 parking spaces for 400
people. If one quarter of the people drove themselves, that would
leave 71 space for 300 cars. Have you been to a church where there's
overflow? These people are going to be overflowing onto Pine Ridge
Road and onto our street. And to make it worse, every person that
goes to that church has to make a U-turn. So you're going to have -- it's
going to be a total mess. It's a bad idea.
Just because the planning staff blew over and didn't require
adherence with the code doesn't mean you have to approve that. It's
already unsafe and dangerous.
Before we bought that lot, I checked the zoning. We saw that
every property east of the Pena property was zoned Estates residential.
Pena is the transitional use, and that commitment was made by the
Board in 1998, as the residents have relied on.
It is fair and reasonable for the residents to believe that that
property will be used for residential use and it is not reasonable for
Summit Church to believe that they can take that residential property
and turn it into something other than residential.
The Golden Gate Master Plan requires a transitional conditional
use to be located on a site that is not appropriate for residential. The
speaker before me said that they would buy that lot and make it
residential. It's perfectly appropriate for residential and it does not
meet the code.
Also, it doesn't satisfy the Land Development Code for
compatibility with the neighborhood and adequate traffic. You have
an ample record before you to deny this petition for lack of compliance
with the plan and lack of compliance with your code. Not to mention
the fact that it's higher intensity than the already existing transitional
use.
Really that is going to create a dangerous condition that no one in
the neighborhood wants and the neighbors' testimony is the best
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January 26, 2016
evidence of compatibility. So we ask that you deny this petition.
MR. MILLER: Your next speaker is Jackie Thomas. She'll be
followed by Lisa Jarrett.
MS. THOMAS: Good morning. Or is it afternoon? No, it's still
morning.
My name is Jackie Thomas and I reside at 5941 Napa Woods
Way. I purchased this home only a year ago and I specifically bought
here because it was a residential neighborhood, a quiet street with
lovely homes.
I absolutely do not want this street rezoned or transitioned or
whatever you want to call it. The neighborhood is a residential area
and we do not want anymore nonresidential buildings on our street.
The traffic, the noise and the increased population would surely
decrease our property values as it would decrease our quality of life.
Every time a building other than a home enters the area, we become
negatively affected. We already have a church at the end of the street
and a doctor's office and that doctor's office is creating traffic from
cars, parking and noise.
Enough. We want to keep our neighborhood healthy and strong.
We want our property values to be stable. Anyone living on this kind
of street would feel the same way.
I am not opposed to churches in any way. I think what they're
doing is wonderful. But just please don't bring it into our
neighborhood. Everyone that I've talked to in our neighborhood is
against this. You have to please consider that everyone on our street is
against this. So that has to count for something.
And I really wish them well and I hope that they find a place that
embraces them and that doesn't disrupt what the community already
has going that they love that they paid a lot of money to purchase to be
in that community. So thank you.
MR. MILLER: Your next speaker is Lisa Jarrett. She'll be
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followed by David Monk.
MS. JARRETT: Good morning. My name is Lisa Jarrett.
I love churches, just so you know. I spend three days a week at
Covenant Church. The court reporter there can say yes, I do, she
knows me quite well.
I think they're beautiful. But not in that beautiful woods that was
there. That's a beautiful woods. It's gorgeous. It's full of birds, it's
egress, everything's in that woods.
There's land everywhere. Collier County is huge. Why there? I
don't understand why they even bought there to start with. I mean, it
makes no sense. But anyway, things happen that don't make sense.
I homeschool all my kids. I always have. We do a lot of it out
front. And I know they say that there's no classes on -- there's a lot of
classes they have there on their website. It's not hard to find the class,
it's just get on their site, take the bar, go down. If they don't have all
the sexual identity classes and the classes for sexual predators and all
those on their site, then -- I mean, they have them on their site, so why
are they on there if they don't do them? I'm just saying, who's going to
tell them no or yes when we leave here? Is there going to be someone
that says no, you can't do that? I don't think so.
I mean, I was told when I moved here no one could -- that was it.
Pena's was it, no one's going to do it. Because I wanted in the country.
Our house is one of the few that backs up to Pine Ridge. We can walk
out. We don't even go out that road because already it's dangerous to
cross that road. And the light's even there. It's a very dangerous road.
Right now we're in the process of adopting a little girl from China
and we're doing the home study and the home study lady saw the sign
and she's like, what's the sign? Because they have to know. And on it
it says, describe your neighborhood. And so she wants to know about
Summit Church. So she gets on Summit's site and she calls me
yesterday: Lisa, what are all these classes they're having? Because the
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January 26, 2016
Chinese government is very against that sort of thing in a residential
area. And I said: But they swear they're a church, they swear that
there's no classes there.
But Lisa, they're on their site.
Yes, they're on their site. I did make a call like five months ago
when we first started to the Estero office or the other one, the big
church that's up north, Fort Myers, maybe, and the lady said yes, yes,
we'll have classes there for sexual problems, et cetera.
And they're going to walk down my road with my four children
out there playing because they can't drive because a lot of them lose
their license. They have to walk. You don't walk down Pine Ridge
unless you're taking your life into your own hands, seriously. You just
don't do that. But our road, you can walk down our road.
I don't want them walking down my road. I really don't. And I
bought there. I kind of think I kind of have the right to protect my
children. And I loved -- I would even help them in their church. I will
volunteer. I will be the first person there to volunteer. Ask her, she'll
tell you. But just not there. But thank you so much.
MR. MILLER: Madam Chair, your final registered speaker for
9.A is David Monk.
MR. MONK: Good morning. I'm one of the more unique
residents out of the group. I spent 21 years there as a child growing up
and enjoying the woods, street, four-wheeling, you know, the
atmosphere of the outdoors. And later came back and purchased the
house near my parents, adjacent to my parents, which most people
think are crazy. But for me it was the location. We bought a home,
older home, not the plan we enjoyed, not the open space, we bought
location. We tried out a gated community for three years. Wasn't for
us. We have -- I now have two children: A soon to be three-year-old
and a six-month old that I wanted to give the yard, the freedom that I
grew up on as a child and the enjoyment, the space, the woods. But I
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January 26, 2016
also travel for a living, so important access, airport were all important
to me. So this location, Logan Woods, was always the plan.
My concern -- I actually enjoy the mission of the church. I know
people that go to the church. I have no problem with the church. I
think it's great to grow. As a Christian I attend a church in a residential
community, which was pointed out in the planning committee.
My only problem is, as has been pointed out, the spanning of
commercial. 41, there's commercial lots. Behind that's residential.
That was an area we looked at that's a lot cheaper because of I believe
the commercial aspect. We bought here for residential, Logan Woods.
My concern is Pena was supposed to be it.
As a child we had all the -- you know, I was not part of the
meetings and so forth, but it was the promise, that was it. When I
purchased my home three years ago, I knew of the promise. It wasn't
going to be a commercial area. That's my only concern with it is once
the church -- if the church doesn't buy it -- I believe they're not going
to buy the next one, I truly do. My concern is somebody else could
buy the next lot and use the traditional code or whatnot. I don't think
the church will expand, but there's nothing today other than
maintaining the promise given to us that would guarantee that growth
won't happen.
That's my only concern is that -- how far could it go? Could it go
Logan and Pine Ridge? There's that lot available. It's kind of-- once
this gets approved there's no stopping until a resident says oh, I'm not
selling my lot. So that's all I have.
COMMISSIONER HENNING: Your mother is Linda Monk?
MR. MONK: I'm sorry?
COMMISSIONER HENNING: Your mother is Linda Monk?
MR. MONK: Carol Monk.
CHAIRWOMAN FIALA: So now I want to give everybody a
10-minute break for the court reporter. And when we come back,
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January 26, 2016
Commissioner Hiller, you will be the first Commissioner to speak,
followed by Commissioner Henning. And Rich, you can get in there
sometime and speak, but first we're going to take a court reporter
break. Thank you. 10 minutes, folks.
(Recess.)
MR. OCHS: Ladies and gentlemen, if you'd please take your
seats.
Madam Chair, you have a live mic.
CHAIRWOMAN FIALA: Thank you very much.
And as we move forward, our first Commissioner -- see, we have
little lights on here. The first light on is Commissioner Georgia Hiller.
COMMISSIONER HILLER: Thank you.
I have some concerns, and the concerns stem from various
positions. The first concern I have is that I had received a phone call
from Dorothy Hirsch who called me on behalf of one of the residents
who lived on the street because they were not sure procedurally what
to do in this hearing, being that they were constituents and not
professionals. They're not professional engineers or land use attorneys
or anything along those lines.
And so I told Dorothy that what the constituents should do is
contact the County Attorney's Office to get an understanding of the
procedure and the manner in which they need to represent themselves
to advocate for their position.
And they did. They called the County Attorney's Office and they
were turned away. And the Assistant County Attorney referred them to
staff and wouldn't give them any information, and the constituent was
intimidated and didn't know how to proceed and didn't proceed to do
anything further because they had no intention of going back to staff
that was not being candid in their representations with them as to what
was going on.
So my first concern is that we have a number of citizens here who
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January 26, 2016
don't understand this process and don't know how to assert their
interests.
And I have in the past gone through this and I have asked that the
County Attorney's Office prepare memorandums in lay terms that
essentially explain what the law provides in these type of hearings. So
that's my first concern.
My second concern is this whole discussion of what's properly
transitional. And I'd like the County Attorney to put the law up that
relates to that question. Not -- is there anything else beyond this in our
code that addresses the criteria for transitional?
MR. KLATZKOW: It's on packet Page 26 of your agenda.
COMMISSIONER HILLER: I want it on the overhead.
MR. KLATZKOW: I heard you, ma'am.
Leo, could you put up that?
MR. OCHS: Yes, sir.
MR. KLATZKOW: And my Assistant County Attorney tells me
nobody called him and nobody called me.
COMMISSIONER HILLER: It's Heidi Ashton who was
contacted. And apparently -- Dr. Bolla, could you please come to the
stand?
DR. BOLLA: Yes, ma'am.
COMMISSIONER HILLER: Who did you contact in the County
Attorney's Office initially?
DR. BOLLA: I cannot remember the name. I just -- I called the
main number and they said they would refer me to the appropriate
person that could help me, and they referred me to Ms. Heidi Ashton.
And I called her and she told me she couldn't provide any information,
I have to talk to Mr. Weeks. And at that point I understand he's not
with the County Attorney's Office, so I did not --
COMMISSIONER HILLER: So my question, Jeff, is why did
Heidi say she couldn't provide any information as to the process --
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January 26, 2016
MR. KLATZKOW: Well, Heidi's not here.
COMMISSIONER HILLER: -- to Dr. Bolla?
MR. KLATZKOW: Heidi's not here, I will tell you that, so I
cannot answer for Heidi.
COMMISSIONER HILLER: I think we need to address this
because this is of great concern. You know, you have a constituent
who has a right to -- this information has a right to understand the
process and is not being informed. And, you know, Heidi
unfortunately -- is Heidi in your office today?
MR. KLATZKOW: She's not in the office, she's over at
Horseshoe, all right? I will tell you that --
COMMISSIONER HILLER: If you can --
MR. KLATZKOW: I will tell you that that is not acceptable to
me.
COMMISSIONER HILLER: I agree, it isn't acceptable. So I
appreciate your concern, Jeff.
Thank you for coming to the stand.
DR. BOLLA: Thank you.
COMMISSIONER HILLER: So let me continue.
With respect to these criteria, what makes no sense to me when I
read this criteria is that it says, as was highlighted in the previous
overhead but I want it to go specifically to this document, site shall not
be adjacent to a church or other place of worship.
I mean, it doesn't make any sense, because essentially what we're
doing here is specifically putting a church on a site now that is adjacent
to a property that provides that you can't have a church beside it and
treat that piece of property as transitional conditional. And you've got
a piece of property here that is clearly residential at a very low density
and we're switching it to a property that's going to generate intensity
far in excess of what's anticipated for that area.
You know, I -- I'm so concerned about the capacity of our roads
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January 26, 2016
and the traffic impact. You know, we're constantly saying that our
roads are unable to take more than, you know, what we've already
planned for and here we are planning for something that's going to
clearly generate substantial traffic in excess of what was anticipated for
that area.
I'm also concerned about the location vis-a-vis the setback from
the road. If the evidence presented by the opponents is to be relied
upon, I don't see why we're waiving that setback in this instance and
not for other properties. I mean, clearly it's a public safety standard
and I don't see how we can, you know, overlook it merely because this
is a nice way to build this property in that physical location.
Where's the attorney? Can you come back to the stand?
MR. HULING: Yes, ma'am.
COMMISSIONER HILLER: What was it you specifically said
about the location of the property?
MR. HULING: Here's the issue. And we have very carefully put
all of this in the record that's in your packet, so this is all of record.
Your own staff report says it does not meet the spacing criteria from
Pine Ridge intersection. And then in a great comment they say: But
there was no better access for the site. Well, that is in evidence of lack
of compatibility. It is not far enough from the clearest intersection on
Pine Ridge Road. And Addie testified that she says a prayer every
time she goes through there, because people don't realize you're going
to turn there.
This is not argument, this is the truth. This happens to me every
day on the way home. I put on my blinker because people don't realize
you're going to turn there because they don't expect that intersection.
And your own staff says this is too close to Pine Ridge Road, but
we're going to blow over it just because we couldn't find a better access
for the property. Because they're cramming too much on this site and
it's not compatible with the neighborhood, which is a requirement
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under the Land Development Code, which is of record, you must find
compatibility with the adjacent properties. And in the Land
Development Code, adequate traffic control. That's the code.
And another point: Up here, transitional conditional use is a use
that is not appropriate for residential. That's the end of the inquiry. So
I hope I answered your question.
There's not enough distance from the intersection and they're just
going to say we're going to waive that because they don't have better
access.
MR. YOVANOVICH: I assume you'll all allow us to respond.
COMMISSIONER HILLER: Could you please answer?
Because I want to understand. Please go ahead.
MR. YOVANOVICH: First of all, there was a whole lot in the
comments you made. I'll get to the traffic one, but first of all, Mr.
Huling is referencing the wrong Growth Management Plan provisions
when he keeps telling you it needs to be a transitional conditional use.
He's referring to the neighborhood center transitional conditional use
provisions, which I'll put up on the visualizer.
MR. HULING: It's on the visualizer now, Rich. It says generally
not appropriate for residential. You've already put it there, sir.
MR. YOVANOVICH: I understand, but my understanding is is
we're going to conduct this like we conduct every other hearing. I
didn't interrupt him and I request that he not argue with me. Because
I'd love to cross-examine him. Honestly. Because he's a lawyer. He
has absolutely no credentials when it comes to making transportation
comments.
MR. HULING: Well, you're doing now what you said you
weren't --
CHAIRWOMAN FIALA: Okay, just move on.
MR. YOVANOVICH: I'm answering transportation comments.
We went through --
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January 26, 2016
COMMISSIONER HENNING: Is this a trial?
MR. YOVANOVICH: -- a detailed transportation review by your
staff. We have 17 p.m. peak trips related to the use of our property.
We will have a deceleration lane to get onto our property for those
turns.
Your staff has reviewed this and has opined from a professional
transportation standpoint that this is not unsafe. If it were unsafe they
would have said you cannot have this use on the property.
So from a transportation standpoint, the experts, your staff, have
reviewed it and opined that it is not an unsafe condition.
MR. KLATZKOW: Ma'am, could we hear from a factual
witness, like transportation staff?
MR. YOVANOVICH: That's fine.
COMMISSIONER HILLER: We're going to get one. I'm going
to ask for that.
MR. YOVANOVICH: You know, I'm happy to bring the
County's professional transportation --
CHAIRWOMAN FIALA: He's right here. He's coming up to the
podium. Thank you.
MR. SAWYER: For the record, Mike Sawyer, Transportation
Planning.
We can certainly, you know, talk about the access point and the
requirement of it. With our Access Management Resolution, and I can
actually read this or even put it up on the visualizer, if you'd like.
COMMISSIONER TAYLOR: Put it on the visualizer.
MR. SAWYER: Basically it's 3.03 of that Resolution. And
basically, for lack of a better way of putting it in layman's terms, it
basically requires us to provide adequate access, one access point for a
property.
In this case we have moved it as far away from the intersection as
we possibly could. It does not meet the 660 requirement, but we are
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January 26, 2016
able to approve when there are no other options. The other option
would have been to take and have the access on Napa, which would
have been directly into the neighborhood which we certainly were
getting a lot of opposition from that from the neighborhood. And we
certainly took that into our consideration and our --
COMMISSIONER HILLER: Which you could not have done
because that Napa Road isn't built for that type of-- that level of
capacity of traffic.
MR. SAWYER: Keep in mind too, churches generate their traffic
principally on off hours. What we look at from a transportation
standpoint are the peak a.m. and p.m. trips that you generate off of a
project.
COMMISSIONER HILLER: But this --
MR. SAWYER: Normally most all of those are going to be in the
evening, the p.m. peak trips.
COMMISSIONER HILLER: But a residential road like Napa
doesn't have peak hours. That has a consistent volume. And you're
generating traffic on a road that wasn't designed to accommodate that
kind of traffic, correct?
MR. SAWYER: Again, good point. And again, that's why we've
got the access onto Pine Ridge.
COMMISSIONER HILLER: But that's not -- the problem is that
3.03 doesn't apply because this is where it says it has no other means of
direct -- or reasonable direct or indirect access.
There is an alternative means of access, which is on Napa. So
this is where there is no other means of access. I don't see how 3.03
applies, because there are alternative locations where you could have
access off that property to avoid making this exception. Now, they're
not favorable and they're not favored, but they are there and they exist.
So I don't see how you legitimately can use this to allow for that
deviation.
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January 26, 2016
MR. HULING: Ma'am, may I respond?
CHAIRWOMAN FIALA: Okay --
COMMISSIONER HENNING: Oh, wow, we're starting to get --
MR. KLATZKOW: No, no, no. Guys, guys this is a quas--
CHAIRWOMAN FIALA: We can't have you there. This is not a
court of law.
MR. HULING: I'm just asking if I may respond to the comments.
MR. KLATZKOW: Sir --
COMMISSIONER HILLER: No.
MR. KLATZKOW: No. This is a quasi judicial hearing.
MR. YOVANOVICH: What happened, Commissioner Hiller,
from a historical standpoint, access originally was on Napa Woods
Way. It was analyzed by Jeff Perry and staff as meeting the sufficient
capacity for the trips we would generate. The neighborhood argued
they don't want the access on Napa, which forced access to Pine Ridge
Road. There was an analysis. It's really -- the most comparable
situation I can think of that recently went through the Commission is
Covenant Presbyterian Church in Pine Ridge. If you'll remember, the
Pine Ridge community, which I live in and you live in, several people
vehemently opposed Covenant Presbyterian Church as it now exists on
that property were the very same argument about neighborhood streets
not being sufficient to carry the traffic.
We implemented requirements that are also in here that if there
were issues related to traffic as determined by your staff, we would
hire the appropriate police officers to, you know, direct traffic during
those events. That is in this resolution, just like it was in Covenant
Presbyterian Church. All of the safeguards that the neighborhood
wanted from Pine Ridge for Covenant Presbyterian Church are within
this same resolution to make sure all of those same traffic related
neighborhood concerns -- we were forced into Pine Ridge Road. We
were fine with that. You know, it's been analyzed and it will be safe.
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January 26, 2016
We'll go through a site development review process to make sure it is
safe. Likewise we have the same police or sheriffs deputy
requirements that are in other examples where neighborhoods have
raised traffic concerns.
COMMISSIONER HILLER: Well, there's a little bit of a
difference here, because -- and I thank you for bringing up Coventry
(sic), because it's an interesting comparison. Coventry was a
preexisting use. The church existed there. They were expanding the
church.
In the case of Coventry, the setback from the highway was not an
issue. The concern there was traffic going through the neighborhood,
as you properly point out.
The problem that we have here is that the physical location of this
project so close to the highway, based on 3.03, is not justified. Because
3.03 doesn't apply. Because staff, based on what you just said, while I
can't see how it does, has determined that Napa does have the capacity
to handle the traffic for this particular project. So there is an
alternative location.
While I understand that the neighbors don't like it, my point is if
you have an alternative egress point, you can't apply 3.03 to allow for
the exception with respect to the setback of the property off the
highway.
MR. YOVANOVICH: And I will defer to Nick. My
understanding of the access management plan is it's not an absolute
requirement as to the distance. There can be a shorter distance for
access points as long as it's safe.
COMMISSIONER HILLER: Well, I need staff to factually
comment to that. Because I don't see it. I mean, and where does it
provide for that in the law?
MR. SAWYER: There are provisions and I can certainly pull
them up, if given time.
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January 26, 2016
COMMISSIONER HILLER: Well, we're going to need them for
this hearing, because this is a clear issue in this case.
MR. SAWYER: I'll be happy to do that. Maybe that's what I
should do right now.
COMMISSIONER HILLER: Okay.
CHAIRWOMAN FIALA: I just want to remind our board
members that we have a 10:00 time certain with people sitting in the
audience, and it sounds like this is going to be dragging on and yet
we've got some time limitations here as well. So I would ask that
maybe we can hear a couple of the other board members' questions, if
that would be all right.
COMMISSIONER HILLER: I have a bunch of other stuff.
COMMISSIONER TAYLOR: I didn't know we had a time
certain at 10:00.
CHAIRWOMAN FIALA: You want to ask them all now?
COMMISSIONER HILLER: I might as well.
COMMISSIONER TAYLOR: We don't have a time certain at
10:00, do we?
CHAIRWOMAN FIALA: Yeah, we have a time cer-- oh, no, we
don't?
MR. OCHS: No, ma'am, this is your only time certain item.
CHAIRWOMAN FIALA: Oh, I'm sorry, I'm sorry, I thought
there was. In my head there was. Okay.
MR. YOVANOVICH: Are you all planning on quitting at noon?
COMMISSIONER HILLER: Yeah.
COMMISSIONER TAYLOR: Yeah.
MR. YOVANOVICH: For the day?
CHAIRWOMAN FIALA: No, no. We've got other things to
discuss.
MR. YOVANOVICH: I misunderstand what I had heard from
someone else. Okay.
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January 26, 2016
CHAIRWOMAN FIALA: Okay, very good.
Continue then.
COMMISSIONER HILLER: Thank you.
The next concern I have is drainage. And this goes back to what
happened with Coventry, because that was of great concern. We have
this acreage here that is right now open space, and if developed as
currently zoned is residential, which would leave a great deal of green
space.
Now all of a sudden we're taking this piece of land and, you
know, very clearly it's being absorbed in large part by impervious
surface, which means you're going to have a displacement of your
excess stormwater and a completely different drainage configuration
than what would have been anticipated if this wasn't approved.
I need to have our experts comment as to the drainage and how
this is going to work.
And what I find so hypocritical is, you know, we had Barron
Collier here and they put forth a development proposal and there is a
criteria which, you know, talks about having open space within a
development like what they were proposing, and they were asking for
a variance which I think amounted to like a couple of acres. And the
discussion that ensued on this Board about how we have to keep open
space and keep everything green and allow for drainage and, you
know, this wasn't the intent, and now all of a sudden we're changing
the use of this site dramatically.
So I just need to understand what's going on on the drainage side.
And by the way, I just -- like I said, going back to that particular case,
not to move off this topic because it's part and parcel, we've got golf
course conversions coming down the pike and, you know, we're
attacking these people on two acres and we're considering golf course
conversions on the other hand. I mean, I just -- I've never seen such
mixed up policy. But go ahead.
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January 26, 2016
MR. REISCHL: And I'll start with the disclaimer, I'm a planner,
not an engineer.
COMMISSIONER HILLER: Well, where's the engineer on the
drainage?
MR. REISCHL: My boss.
COMMISSIONER HILLER: Here we go.
MR. WILKINSON: Good morning, Commissioners. Collier
County Growth Management Department Head David Wilkinson.
This particular project will be required to get a South Florida
Water Management District permit for their water management system
and they will provide a water management system that will regulate the
discharge to our prescribed rates for the County.
Now, obviously if it was developed as a residential home, there
really isn't any water management system associated with it, but they
will regulate and reduce their discharge to the prescribed rates that are
permitted both by the County and the South Florida Water
Management District.
COMMISSIONER HILLER: And since there is a County permit
required for discharge, have you looked to see that what they are
proposing will satisfy the County's standard with respect to drainage?
MR. WILKINSON: Yes. And that particular review will be
done during the Site Development Plan application process.
COMMISSIONER HILLER: So you haven't contemplated that
in this approval?
MR. WILKINSON: The site plan does show a water
management system, but a detailed surface water management system
review has not been done.
COMMISSIONER HILLER: So you don't know at this point
whether there's going to be adverse impact on the surrounding
properties with respect to the displacement of excess stormwater?
MR. WILKINSON: They will have to regulate and reduce their
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January 26, 2016
discharge to the County and the Water Management District's
prescribed rates.
COMMISSIONER HILLER: And I don't see how that's going to
work. I mean, where is the on-site retention? Show me where the
on-site retention is and where the calculations that support that that
on-site retention will be sufficient to protect. I mean, you've got, you
know, a lot of impervious surface relative to what's open.
MR. WILLIAMS: Right, it's located behind and kind of
surrounding the church in an L-shape.
COMMISSIONER HILLER: And that is -- is that -- I can't really
-- but how do you know that that's sufficient for that parcel?
MR. WILKINSON: Now, we have during a planning type
review or conditional type use -- conditional use, excuse me -- we do
look at preliminary surface water management calculations and
obviously those are refined during the Site Development Plan process.
COMMISSIONER HILLER: I understand. So did you look at
those preliminary numbers in this particular case?
MR. WILKINSON: Our stormwater group does take a
precursory look at the stormwater water management calcula--
COMMISSIONER HILLER: That's not my question. Did they
specifically look at the stormwater retention with respect to this site,
given --
COMMISSIONER HENNING: He answered that question.
COMMISSIONER HILLER: No, he didn't. He said --
COMMISSIONER HENNING: He said --
COMMISSIONER HILLER: -- we normally do it.
COMMISSIONER HENNING: We --
COMMISSIONER HILLER: I want to know -- excuse me, it's
my turn.
COMMISSIONER HENNING: We do not do --
COMMISSIONER HILLER: Commissioner Fiala, could you ask
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January 26, 2016
COMMISSIONER HENNING: -- Site Development Plan review
at the Board level. Period. And he answered your question --
COMMISSIONER HILLER: No.
COMMISSIONER HENNING: -- over and over, they will look
at those details during the submittal of the project if the Board
approves it.
CHAIRWOMAN FIALA: I just came off the dais for a minute,
spoke with Rich Yovanovich, and he asked if we could just continue
this. And as far as I'm concerned, I think there's some things that need
to be worked out. So I would like to ask Commissioners, I know we
have some other speakers, but would you like to continue this,
Richard?
COMMISSIONER HILLER: I'll make a motion to continue.
And if I may, I really applaud Rich for recommending it. And my
concern is not with respect to the petitioner or the opponents, my
concern, based on what I'm hearing today, is based on what's going on
with staff, both the County Attorney staff and our County staff. And
not as a negative. But I feel that, you know, if we're going to present
something it has to be fully reviewed and the constituents should be
fully informed and supported by staff to the same degree as the
petitioner, and the petitioner should have the right to assert his position
and be able to be fully defensible with County support, if County
support is there. And I don't see that today. So I support your motion
to continue.
MR. YOVANOVICH: And let me, just real briefly, the reason I
want the continuance is we are going into things that we don't normally
ever do --
COMMISSIONER HENNING: Right.
MR. YOVANOVICH: -- at a PUD. I've been up here I don't
know how many projects and I've never been asked at the zoning stage
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January 26, 2016
to have a Site Development Plan level of review. But it's clearly very
important. We will get you those calculations to show you that we will
not be negatively impacting the neighborhood from a watershed
standpoint. So that's why I've asked for the continuance.
COMMISSIONER HILLER: And I will --
CHAIRWOMAN FIALA: So I have a motion on the floor to
continue. Do I hear a second?
COMMISSIONER HILLER: Yes. I'm sorry, I made the motion.
CHAIRWOMAN FIALA: You made the motion.
A second?
COMMISSIONER HENNING: Madam Chair?
CHAIRWOMAN FIALA: I second the motion.
Yes, sir.
COMMISSIONER HENNING: This is my district and I have
some questions and concerns that I hope will be addressed.
I don't care what the color of the building is. I know that you'll
comply with the Land Development Code as far as color, the size roof
tiles. That is not what we're here for, okay. We're here for to make
sure that this site is compatible with the adjacent use, and in this case is
residential.
We're here for to make sure that it complies with our Growth
Management Plan and Land Development Code for a conditional use.
We're not here to measure how much rain is going to be off-site, okay?
CHAIRWOMAN FIALA: I didn't even realize it was your
district. I thought it was Commissioner Hiller's from the questions.
I'm so sorry.
COMMISSIONER HENNING: Well, it's just --
COMMISSIONER HILLER: Well, it's amazing --
COMMISSIONER HENNING: -- another example of
potification.
COMMISSIONER HILLER: We represent the County as a
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January 26, 2016
whole. This is not a --
CHAIRWOMAN FIALA: Excuse me, I've got a motion on the
floor and a second to continue this.
COMMISSIONER HENNING: And I have questions. I have
questions.
CHAIRWOMAN FIALA: Before we vote on that?
COMMISSIONER HENNING: Absolutely.
CHAIRWOMAN FIALA: Okay.
COMMISSIONER HENNING: Absolutely. Because it needs to
be addressed and it hasn't been addressed. The issue -- and it was
forwarded to me by one of the residents. The issue of in the Nineties,
late Nineties of the comment that this will never be, this is it, this is the
bottom line, draw a line in the sand, no more conditional use -- or no
more, no more.
MR. YOVANOVICH: Can I address that?
COMMISSIONER HENNING: Yeah. And the issue is -- well, I
further read in the meeting minutes that we can't uphold further board
-- we can't commit to a further board's action. However, the Growth
Management Plan has been changed. I don't know if it was prior or if
it was after that Pena's was rezoned for commercial.
MR. YOVANOVICH: I can address a couple of those
comments. And I had these --
COMMISSIONER HENNING: Questions. Those are questions.
MR. YOVANOVICH: In response to your questions, I had
prepared some comments based on public speakers.
COMMISSIONER HENNING: But we can answer -- we know
it's coming back, so why don't we just address it then?
MR. YOVANOVICH: Okay. I didn't know if you wanted it
addressed now.
COMMISSIONER HENNING: I have a --
MR. YOVANOVICH: I would love to know the list of questions
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January 26, 2016
so I can know what they are, address them all when we come back so
we can be efficient. And I know water management's one,
transportation's probably the other. Those are the two I see. And then
previous Comp. Plan language is the third.
CHAIRWOMAN FIALA: Commissioner Taylor also has one,
but we'll wait until Commissioner Henning finishes.
COMMISSIONER HENNING: Now, the Growth Management
Plan for this particular one, there is a provision for adequate buffering
from the adjacent uses. What is adequate? Because in the provision
above it for conditional use it's 75 feet.
The other provision within that particular portion of the Growth
Management Plan, it says encouraging interconnection with the
commercial use which is Pena, so I want you to address that issue.
Within the resolution I have a lot of concerns about the provisions
that was talked about is the church and any generated significant
traffic. I don't know what that is, significant traffic. The owner shall
provide a law enforcement officer.
The egress and ingress of that particular property is after the
traffic light. So somebody needs to convince me that's a safe way to
do it, after the people are accelerating from that traffic light going east.
Okay?
And my only further comment is I want to make sure that the
resolution covers what the commitments are, either today or in the
future. So it does not -- somebody doesn't make commitments and it's
not addressed in there -- in the official action for the Board.
By the way, I used to live on Napa Woods, as many of the people
here know. My understanding, that this particular property did qualify
for a conditional use. But I could be wrong. We'll find out.
CHAIRWOMAN FIALA: Thank you. You've got the questions?
I notice Tim writing them down.
MR. YOVANOVICH: Yeah I've got them.
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January 26, 2016
CHAIRWOMAN FIALA: Okay. And now Commissioner
Taylor has more questions to put on the record, and then you can do all
your research and come back.
MR. YOVANOVICH: Sure.
COMMISSIONER TAYLOR: And I think our traffic engineer,
just a couple of questions that I need.
We're talking about coming -- the issue is the 660 feet from the
interstate or from a light? Or what is this -- what is considered safe?
MR. YOVANOVICH: That's a question that you want us to
research, right?
COMMISSIONER TAYLOR: Yeah, I think he's coming up so
maybe he can --
MR. SAWYER: I believe I can -- again, Mike Sawyer,
Transportation Planning.
I believe I can answer that one fairly quickly. It's basically to the
next conflict point. At this point it would be at the intersection.
COMMISSIONER TAYLOR: Okay. From the interstate to the
intersection; is that correct?
MR. SAWYER: It would be from the intersection to the
proposed access point for this project.
COMMISSIONER TAYLOR: Okay. And it should be 660 feet.
And how many feet is it?
MR. SAWYER: It's 660.
COMMISSIONER TAYLOR: It is?
CHAIRWOMAN FIALA: The actual feet.
MR. SAWYER: No, no, the current one -- I apologize.
COMMISSIONER TAYLOR: The project. I'm sorry, I
misspoke.
COMMISSIONER HENNING: What's being proposed.
COMMISSIONER TAYLOR: Yes.
MR. HANCOCK: For the record, Tim Hancock.
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January 26, 2016
I'll confirm it was approximately 600 feet.
COMMISSIONER TAYLOR: Approximately? We need exact.
MR. YOVANOVICH: We'll get you that.
MR. HANCOCK: Yes, ma'am, I will confirm that exact
measurement.
COMMISSIONER TAYLOR: All right, thank you. That's it.
COMMISSIONER NANCE: Commissioner Henning, you're in
support of bringing -- continuing this and bringing it back to answer
these questions we've been outlining; is that my understanding?
COMMISSIONER HENNING: Well, the only problem is the
residents are here now, and I'm sure they want an answer.
MR. YOVANOVICH: In fairness to us, we're being asked
questions that one of the commissioners needs an answer to that's not a
typical question at zoning. And I can answer all the others but I can't
answer -- I don't have my water management calculations here and I
think that's important that we be given the opportunity to provide all of
the information.
COMMISSIONER HILLER: And by example, with Coventry,
that was the primary --
MR. YOVANOVICH: Covenant.
COMMISSIONER HILLER: I'm sorry?
MR. YOVANOVICH: Covenant.
COMMISSIONER HILLER: Sony, forgive me, Covenant, it
was like the primary issue which we worked on together at length.
You know, as far as whether it's compatible with the neighborhood, I
think the question of flooding the neighborhood adjacent is -- goes to
compatibility.
COMMISSIONER TAYLOR: But I share Commissioner
Henning's concern about bringing people that are frankly hardworking
and they're not getting paid to be here back in a commission chamber,
so I'd like to get this done today.
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January 26, 2016
CHAIRWOMAN FIALA: So who seconded the motion to bring
it --
COMMISSIONER HILLER: You did.
CHAIRWOMAN FIALA: Pardon me?
COMMISSIONER HILLER: You seconded it.
CHAIRWOMAN FIALA: Oh, I seconded it? Okay. Well, I can
withdraw my second if the -- the commissioner for that district is
Commissioner Henning. And if he would like --
COMMISSIONER HENNING: Why don't we just ask the
residents that came here today, would you support a continuance,
please raise your hand?
MEMBERS OF THE AUDIENCE: No, no.
CHAIRWOMAN FIALA: So --
COMMISSIONER HENNING: So that answered my question.
MR. YOVANOVICH: How about we do this? Are you coming
back after lunch?
COMMISSIONER TAYLOR: Yeah.
MR. YOVANOVICH: I should at least be given the opportunity
to have my civil engineer give you the calculations. Because frankly --
and I'm hoping that Commissioner Hiller will understand my comment
-- zoning level decisions and conditional use level decisions never
require that you submit your South Florida Water Management District
-- but your own division administrator says we will not get a Site
Development Plan issued if we don't properly address water
management.
So the answer is in the normal process we will -- if your concern
is about flooding the neighborhood, I can't flood the neighborhood
through the Water Management District process and/or the County
review process. And I'd like Mr. Wilkinson to say that on the record
so if that's the primary concern of flooding the neighborhood, he's a
professional engineer and he can tell you that.
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January 26, 2016
CHAIRWOMAN FIALA: So you wanted us to come back after
lunch then, is that what you said?
MR. YOVANOVICH: I would like the opportunity to address as
clear-cut as I can for Commissioner Hiller that we will not be flooding
-- we can't legally flood that neighborhood. I think Mr. Wilkinson as a
professional engineer who worked on many projects on the private side
and understands the public side can tell you that, and I'd like him to say
that.
MR. WILKINSON: For the record, David Wilkinson, Collier
County Growth Management Department Head.
What Mr. Yovanovich has stated is true, that this will go through
a detailed surface water management calculations review during the
site development process.
CHAIRWOMAN FIALA: So Commissioner Henning, this is
your district, do you want to just come back after lunch until they
come up with all the answers, do you want to --
COMMISSIONER HENNING: That's fine.
CHAIRWOMAN FIALA: -- it right now?
COMMISSIONER HENNING: I think it's important it needs to
be addressed. And Mike, I'm counting on you as staff to answer some
of the questions of the Land Development Code and Growth
Management Plan.
COMMISSIONER TAYLOR: Especially which Growth
Management Plan this falls under. I mean, I'm a little confused.
MR. YOVANOVICH: And if he can't, I've got copies of when
the ordinance changed that I can share with you as to which one
applied.
CHAIRWOMAN FIALA: Okay, so we're not going to continue
this to another meeting, we're just going to continue it 'til after lunch.
COMMISSIONER HILLER: Not after lunch. Later in the
afternoon, 'til you've had the opportunity to review the material.
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January 26, 2016
CHAIRWOMAN FIALA: Can you give us kind of a time, like
say --
MR. YOVANOVICH: When do you think you all will be back
from your lunch break?
CHAIRWOMAN FIALA: Well, we've got one more to hear
before that and hopefully that's all heard and we're back by 1:30, okay?
And do you think that's --
MR. YOVANOVICH: We'll make it happen.
CHAIRWOMAN FIALA: Pardon me?
MR. YOVANOVICH: We'll make it happen.
CHAIRWOMAN FIALA: You'll make it happen, you'll be ready
by 1:30?
MR. YOVANOVICH: Yes.
CHAIRWOMAN FIALA: All right, fine.
Folks, there's some places to eat right around here. We would be
delighted if you would stay and join us back again. We're trying very
hard to make the right decision for your neighborhood. So I thank you
for your patience. Thank you.
MR. OCHS: Madam Chair, would you like to take the CRA item
next?
CHAIRWOMAN FIALA: Yes, I would, thank you.
MR. OCHS: Then it would be appropriate, Madam Chair, to turn
the CRA meeting over to the CRA Chair at this point?
CHAIRWOMAN FIALA: Yes.
COMMISSIONER NANCE: Let's give them a minute to clear
the room.
MR. OCHS: Ladies and gentlemen, if you'd please be as quiet as
you can as you leave the room so we can continue to conduct
business? Thank you.
Mr. Chairman, would you like to call the CRA into session?
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January 26, 2016
Item #14B1
RECOMMENDATION THE COMMUNITY REDEVELOPMENT
AGENCY (CRA) BOARD EVALUATE AND RANK REQUEST
FOR PROPOSAL (RFP) SOLICITATION #16-6548 FOR THE
DISPOSITION OF 5.27 + ACRES OF CRA PROPERTY AND
AUTHORIZE STAFF TO NEGOTIATE A PURCHASE AND
DEVELOPMENT AGREEMENT WITH THE SELECTED
RESPONDENT FOR SUBSEQUENT BOARD ACTION — MOTION
DIRECTING STAFF TO NEGOTIATE A CONTRACT W/REAL
ESTATE PARTNERS INTERNATIONAL, LLC — APPROVED
CRA CHAIRMAN NANCE: Okay, we will open proceedings of
the CRA.
MR. OCHS: Item 14.B.1 is a recommendation that the
Community Redevelopment Agency board evaluate and bring requests
for proposal solicitation 16-6548 for the disposition of 5.27 plus acres
of CRA property and authorize staff to negotiate a purchase and
development agreement with the selected respondent for subsequent
board action.
Ms. Jourdan will present.
MS. JOURDAN: Good morning. For the record, Jean Jourdan,
Bayshore/Gateway CRA Operations Manager.
The item before you is in response to a request for a proposal that
was sent out for solicitations to purchase and develop CRA-owned
property located in the Gateway Triangle.
Three responses were received. Those responses were
summarized and given to the CRA Advisory Board at their January 5th
meeting, at which that time they ranked the proposals to forward to the
CRA board as a recommendation.
Mr. Scott Johnson, since the CRA board is going to be serving as
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January 26, 2016
a selection committee for the RFP process, is here to provide you a
little bit of information on what exactly you are supposed to do today.
COMMISSIONER FIALA: Thank you.
MR. JOHNSON: Good morning, Mr. Chairman, members of the
Board. For the record, Scott Johnson, your Acquisition Manager from
your Procurement Services Division.
As selection committee members you will review the three
proposals that are attached to your agenda packet. Mr. Durham is
passing out a scoring form for you to attempt to rank your -- the three
proposals that were submitted. We will go through the process of
hearing your comments of the three proposals, and then we will
attempt to build a consensus-based decision as we do with all
selections and see if we can come up with a ranking for the three
proposals.
MR. KLATZKOW: You don't need to do this if you don't want
to.
CRA CHAIRMAN NANCE: Members of the Board, how would
you like to proceed? I would suggest, you know, each of us has been
given a voluminous volume containing each individual proposal, and I
would suggest that individual Commissioners ask questions as they
deem appropriate. I don't know that we need to have a tally here on
the Board of County Commission, unless that's the will of the board.
I don't know who -- who was first, Commissioner Hiller or
Commissioner Henning?
COMMISSIONER HILLER: I re--
COMMISSIONER HENNING: No, she wasn't, but that's okay.
COMMISSIONER HILLER: Let Henning go.
CRA CHAIRMAN NANCE: Commissioner Henning, please
start and then we'll go to Commissioner Hiller.
COMMISSIONER HENNING: Well, this is a contract for
purchase of public property. I think it's appropriate just to direct the
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staff to go back to the proposals ranking of one and two -- or one, try
to negotiate a contract that is legal, and if not, go to the second. That
would be my preference of how we do so. I think it would be just
unheard of to approve the submittals for real estate and in the real
world what happens it's a negotiation back and forth until we hopefully
get something, and then go to the second one.
MR. JOHNSON: Then that agreement would come back to the
Board for consideration.
COMMISSIONER HENNING: Then the agreement would be --
come back to the Board for further consideration.
CRA CHAIRMAN NANCE: Yes, my evaluation leads me to
support that of the Advisory Committee, but let's go across the Board
members and see what they think.
Commissioner Hiller?
COMMISSIONER HILLER: I reviewed the backup information
and I think that the ranking of the Advisory Committee which puts the
project which proposes the mixed use/hospitality/retail as the first
choice, to me, based on what we're looking to develop in that area is,
from what I could see of the proposals, the best proposal.
In addition, the price being offered was actually in excess of the
price we asked. So from a pricing standpoint, obviously they satisfy
our request for payment. They're willing to pay what we're asking.
So what I would suggest is that -- or what I would like to do is
make a motion to approve. I just don't know, I don't remember the
name of that particular project. It was the one ranked first by the
advisory board.
COMMISSIONER NANCE: The advisory board ranked the Real
Estate Partners International, LLC as number one.
COMMISSIONER HILLER: That's the one with the 18-story --
COMMISSIONER FIALA: Yes.
COMMISSIONER HILLER: -- building?
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January 26, 2016
CRA CHAIRMAN NANCE: Yes, the Framework Group, LLC
in second place, and the third place was --
COMMISSIONER HILLER: The second place was --
CRA CHAIRMAN NANCE: -- proposer Banyan Development.
COMMISSIONER HILLER: Right, and the second place, which
was Framework, was the apartment complex?
COMMISSIONER TAYLOR: Yes.
COMMISSIONER HILLER: And then Banyan was the third
one.
So then Real Estate Partners -- I'd like to make a motion that we
direct staff to go back and negotiate the contract as the offer was made
to us and bring that contract back with terms for our review.
CRA CHAIRMAN NANCE: I will second that for discussion,
but I would like to hear from the other Commissioners and the public
speakers. And Commissioner Fiala -- we'll go to Commissioner
Taylor, then Commissioner Fiala.
COMMISSIONER TAYLOR: I would also agree, I'd like to do it
that way. And, you know, we don't know what's going to happen here
yet. And I've got a little misgiving about the Real Estate Partners, but
the one -- but a significant amount of money if it's approved will be
going into the CRA coffers, so I'm going to reserve judgment.
COMMISSIONER HILLER: It would pay off our debt.
CRA CHAIRMAN NANCE: We're going to go to
Commissioner Fiala and then back to Commissioner Henning.
COMMISSIONER FIALA: Thank you.
CRA CHAIRMAN NANCE: Please, ma'am.
COMMISSIONER FIALA: This is what the CRA Advisory
Board recommended, and I think that was a great recommendation.
They're looking for a catalyst project to bring this to a new level and
also a catalyst to bring new and enhanced growth to that entire area.
And it seems to fit that bill.
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January 26, 2016
One thing I want to mention though, and I'd like to add to this, if I
may, and I probably need legal advice on that, is that is there some
way to write into this agreement or this request that they cannot annex
into the city before or after? Because that's what would happen is --
MR. KLATZKOW: That's a great question.
COMMISSIONER FIALA: -- all of a sudden -- that's a big deal.
MR. KLATZKOW: That's a great question. I understand where
it's coming from. You can't block it.
COMMISSIONER FIALA: You can't block them from --
COMMISSIONER TAYLOR: I can. I'll throw myself across the
bridge.
CRA CHAIRMAN NANCE: Hold on, hold on, let's not start
throwing people off bridges.
COMMISSIONER FIALA: This is --
COMMISSIONER TAYLOR: No, no, I'll throw myself.
MR. KLATZKOW: I will look and see what I can, ma'am, but
yes.
COMMISSIONER FIALA: This is terribly important to the
County. Terribly important. This is one of the best projects we're
going to see, and I don't want to then have them say and before we
start we're going to annex into the City of Naples. And oh, by the way,
so will the CRA be annexed into the City of Naples, and then
everything that the CRA is looking to do will be lost.
So I just wanted to put that in somehow or have a commitment --
COMMISSIONER HILLER: Well, not necessarily --
COMMISSIONER FIALA: -- have a commitment in writing
from the developer that they will commit to that.
COMMISSIONER TAYLOR: Well, they can be annexed, we
just get the TIF funds.
CRA CHAIRMAN NANCE: Okay, let's -- are you done, ma'am?
COMMISSIONER FIALA: No annexation.
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January 26, 2016
COMMISSIONER TAYLOR: I'm teasing.
COMMISSIONER FIALA: Oh, okay.
CRA CHAIRMAN NANCE: Let's go to Commissioner Henning
again.
Commissioner Henning, then back to Commissioner Hiller.
COMMISSIONER HENNING: Well, you do realize that the
contract is going to not close well over -- it will take well over a year.
Does everybody realize that?
COMMISSIONER FIALA: Yes.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER FIALA: I read it.
COMMISSIONER HENNING: And it's going to be conditioned
on rezoning?
COMMISSIONER HILLER: It can't be conditioned on rezoning.
COMMISSIONER HENNING: Well, that's what the contract
says -- or that's what the proposal is right now.
CRA CHAIRMAN NANCE: They will have to negotiate
agreement, and it cannot be conditioned on zoning. The developer is
going to have to go forward with any changes to zoning or land use in
the same process that anyone else would be required to engage in.
COMMISSIONER HENNING: Jean, the CRA Advisory Board
realizes that it's going to be over a year, right?
MS. JOURDAN: Yeah, but we also realize that this is still
negotiation point, and just because they're asking for it to be rezoned
and it be contingent, we will do all of our negotiations with the County
Attorney's Office. Like I said, that may not even be a possibility. So
these will all be part of the negotiations.
Right now it's just basically choosing which one you want us to
begin negotiations with. Just because they ask for certain things
doesn't mean that that will be in the contract everyone will agree upon.
COMMISSIONER HENNING: So you want to remove the
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January 26, 2016
ability to go to the second if staff can't negotiate something with the
first?
COMMISSIONER HILLER: And bring it back to the Board and
let the Board decide what it wants to do.
COMMISSIONER HENNING: That's what I stated to begin
with. But if the majority doesn't, I will support the majority.
COMMISSIONER HILLER: I think we should start with this
project, we should negotiate it. If it doesn't work, let staff bring it back
to the Board and then the Board will decide if they want to go to the
second or if they want to go to the third. I mean, we're not going to
necessarily rely on the ranking of the CRA for our next decision. I
think we're dealing with one decision today and that's the selection of
one project to engage in negotiations on and see where that takes us. I
don't think we should go further than that.
COMMISSIONER TAYLOR: Just a question. Is it -- do you
think it's appropriate to hear from the three presenters, just to
understand what their vision is for this area? I mean, we have visual --
CRA CHAIRMAN NANCE: Ma'am, I think we have a massive
book here that everybody's had a chance to look at and --
COMMISSIONER HILLER: All the pictures, all the -- you
know, everything that was in our backup material, I don't see why we
need to have it presented.
And again, I think what needs to happen is any presentation that
comes to us in detail will happen when we negotiate that contract,
because, you know, staff may want certain things included, certain
things excluded, they may come up with other ideas, but at a minimum
we know we're getting X. And that's what we're -- we're approving
moving forward on the negotiation, we're not approving a contract.
COMMISSIONER TAYLOR: Correct.
COMMISSIONER HILLER: And we're not making a final
selection.
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January 26, 2016
COMMISSIONER TAYLOR: It was more conceptual not to
even use the visuals, but this is what I see for this area. But I'm really
okay with that. We didn't do that at the CRA --
COMMISSIONER HILLER: And if I may make, just one thing.
I want to comment on what Commissioner Fiala said on annexation
into the City. The City also has its own CRA. And whether they're
annexed into the City or not, I don't think ultimately -- you know, I'm
glad you asked the question and I think it's good that Jeff is researching
it. But it doesn't hurt us in any way if it's annexed into the City.
CHAIRWOMAN FIALA: Oh, no, it does. It hurts the CRA TIF
money. And we don't want to see that lost because --
COMMISSIONER HILLER: Well --
CRA CHAIRMAN NANCE: Ladies, please, let's not get into
that discussion today. That's something I'm sure Mr. Klatzkow
understands our concerns, Commissioner Fiala's concern, and he's
going to address it.
And you've given us that assurance; is that correct?
MR. KLATZKOW: Yes. And I understand where the concern
comes in as well.
CRA CHAIRMAN NANCE: I believe that Commissioner Hiller
is right spot on, I think we're in a wonderful position to move forward
with the process to consider the negotiations.
I personally -- you know, I implored the Board to open it up in
this process and I think we have indeed some very, very worthy
projects here, and one that I frankly think -- I think the number one
selected project by Real Estate Partners is pretty darn spectacular. And
I think it's really going to move forward the goals and the mission of
the CRA.
With that having been said, let's go to public speakers.
MR. MILLER: Yes, we have two public speakers. The first is
David Bartley, the second is Nick Herring.
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January 26, 2016
MR. BARTLEY: Good morning, Commissioners, my name is
David Bartley, Bartley Realty. I am a County resident and a business
owner, been here for 18 years.
I represent the property owner just to the south, two acres. And
we would like to stand in support of Real Estate Partners' purchase of
this property and development. That's all I have, thank you.
CRA CHAIRMAN NANCE: Thank you, sir.
MR. MILLER: Your next speaker is Nick Herring?
MR. HERRING: Hello, Madam Chair and Commissioners. My
name is Nick Herring. I'm here representing the Framework Group.
We are urban developers based in Tampa. Predominantly we develop
apartments. I'm here today to talk about our proposal which was
ranked second. We're calling it the utility A project.
I've heard a lot today about fit. It's a pretty fortunate timing with
some of the other items on the agenda, that us being out-of-towners we
had the opportunity to observe and listen. And a big takeaway from
these proposals and discussion on previous agenda items was a matter
of fit.
Now, what I want to communicate to the Board here is that the
proposal we put in front of you is of excellent fit to the area and the
request of the RFP. Specifically it's mixed use, 250 apartment units
and 10,000 square feet of retail. It's urban, it's pedestrian friendly, and
it's meant to serve as a gateway to the CRA and the City of Naples,
each of which were specific requests of the RFP.
And to that point specifically about the Gateway, our proposal is
written such that we have given ourselves the opportunity to capture
the corner, this fantastic apex that's formed by Davis Boulevard and
Tamiami Trail. I think we can agree that the project and the property
itself is stronger with the Collier County piece in the corner as well.
Again, on the matter of fit, the massing and the size that we
proposed here, some public space at the apex, six-story tower behind
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January 26, 2016
the apex transitioning into a motor court and then working our way
east four stories. It's appropriate mass, it's contextually appropriate, it's
respectful of the existing land use development codes, and it mirrors
the fabric of Collier County and City of Naples built environment.
And lastly, I'll close on a point of Framework's ability. As I said,
we are urban infill apartment developers predominantly. We have a
fantastic pipeline of projects of similar size and scale to Atilia, what
we've proposed here. Actually we have three projects under
construction of similar size and scale, and by April that figure will be
five. Five different projects, about 1,500 apartment units in our
pipeline.
We're a lean organization. We have the ability to focus our
efforts on fantastic opportunities and that's what we came across with
in the Gateway property. And with your help we want to step in and
get this done expediently. We want to reach a mutually acceptable
agreement and make something really fantastic and deserving of this
particular piece of property and location.
CRA CHAIRMAN NANCE: Thank you, sir. We're going to go
to -- you have a question of the speaker, ma'am? Please go ahead.
COMMISSIONER HILLER: Yes, I want to thank you for your
proposal. And when I reviewed it I thought it was very well done.
In terms of fit, you know, the reasoning that lay behind my choice
of Real Estate Partners first was what I see developing in that area is a
tourism cluster. We have a number of hotels and entertainment
facilities being developed, and I think the concept of the hospitality
triangle, if you will, developing in that area is going to do a great deal
to bring in people from the outside and, you know, gentrify the whole
neighborhood as a result.
But the reason I wanted to talk to you specifically is because of
what you do. And most recently we had a study done on affordable
housing in Collier County. And it was deemed that there was not a
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January 26, 2016
shortage of single-family homes but in fact there was a shortage of
about 700 affordable rental units.
And so since you are in the apartment development business, my
suggestion to you is that you -- if for whatever reason that Real Estate
Partners is selected that you not wholeheartedly walk away from
Collier County but look at what land is available and look at
developing apartment product in our market in the affordable price
range, if that is a market that you would consider developing in.
Because we do have a shortage and there is an opportunity and you
would be servicing a community need.
So I don't want you to walk away from Collier County, I want
you to maybe look at it from a different perspective.
MR. HERRING: Sure. And I can commit to the best of my
belief here today, Commissioner Hiller, that if we are not selected for
this particular opportunity, we're not going anywhere.
COMMISSIONER HILLER: That's great.
MR. HERRING: Our eyes are squarely on Collier County and
the City of Naples.
A large part of our proposal was devoted to explaining why rental
product and rental inventory should be considered important by Collier
County and the City of Naples in our opinion. Pointing to a lot of the
affordability -- we like to call it attainability.
COMMISSIONER HILLER: So let me just interrupt you
because we're going to be breaking soon for lunch and the opportunity
to speak I think really should be directed to staff.
And if you could provide the company with the information on
what our affordable housing needs are with respect to apartment and,
you know, maybe our staff could also show them the sites which are
currently zoned for apartment development. You know, if there is
something that works out there for you then, you know, I know that we
have a great team that can help you make it a reality, and you would be
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benefiting us.
MR. HERRING: Thank you.
COMMISSIONER HILLER: Thank you.
CRA CHAIRMAN NANCE: Thank you.
Mr. Miller?
MR. MILLER: That was all of our speakers, sir.
CRA CHAIRMAN NANCE: Then we will start with
Commissioner Fiala.
COMMISSIONER FIALA: No, you know what I wanted to
hear, what the other ones were. I was going to say I wish the audience
could hear what the other ones were, but we've already heard one, so
we'll just let it go. And --
COMMISSIONER HILLER: You can --
COMMISSIONER FIALA: -- I won't -- excuse me, I won't delay
it any longer by asking other people to come up.
CRA CHAIRMAN NANCE: Okay, we have a motion and a
second on the floor to move forward with the negotiation with the
prioritization as discussed. Is there any further discussion?
(No response.)
CRA CHAIRMAN NANCE: Hearing none, all those in favor,
signify by saying aye.
COMMISSIONER TAYLOR: Aye.
CRA CHAIRMAN NANCE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CRA CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
CRA CHAIRMAN NANCE: That passes unanimously 5-0. And
unless there's any other comment, we will close the activities of the
Community Redevelopment Agency.
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January 26, 2016
MS. JOURDAN: Thank you, Commissioners.
COMMISSIONER NANCE: Turn it back over to Commissioner
Fiala, to the Board of County Commissioners.
CHAIRWOMAN FIALA: Leo, what is next; can you tell us?
MR. OCHS: Yes, ma'am, we would now go to Item 11.B. That's
a recommendation to provide direction and approval of your --
COMMISSIONER HILLER: Before we do -- shouldn't we do
10.A? Because 10 comes before 11, which is Commissioner
Henning's add-on.
COMMISSIONER HENNING: Well, 10 comes before 13 too,
and 12, and 16.
MR. OCHS: I didn't know how much time you would need for
this discussion and I was trying to be sensitive to the Board's --
COMMISSIONER HILLER: Which is why I suggest we do it
now so that we can get it over and done with.
CHAIRWOMAN FIALA: I don't know that it will go that
quickly. I think that maybe we ought to give it a fair amount of time.
COMMISSIONER HILLER: How many speakers do we have?
CHAIRWOMAN FIALA: Commissioner Henning, this is your
add-on. Would you prefer to do it now or wait 'til after lunch?
COMMISSIONER HENNING: Well, Commissioner Hiller is
going to extend it far out to lunch so I think we should wait 'til after
lunch.
CHAIRWOMAN FIALA: Okay, fine, very good. Then we can --
COMMISSIONER HILLER: I'm not going to extend it, that's
why I was --
CHAIRWOMAN FIALA: -- take care of 11.B.
COMMISSIONER HILLER: I was trying to --
CHAIRWOMAN FIALA: Excuse me, we can take care of 11.B
right now.
I'm sorry.
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January 26, 2016
Item #11B
RECOMMENDATION TO PROVIDE DIRECTION AND
APPROVE FEDERAL LEGISLATIVE PRIORITIES FOR 2016 —
APPROVED
MR. OCHS: Brandon Reed, your Legislative Affairs
Coordinator, can either present the items or respond to questions or
comments or concerns from the Board. Most of these items are -- have
been part of your historical legislative priorities. I think the Board is
familiar with most of them. But we're, at the Chair's pleasure, able to
make a presentation or respond to questions.
MR. REED: Good morning, Madam Chair, and thank you for
having me today to present on behalf of the County Manager's Office
the federal legislative priorities for 2016.
COMMISSIONER HENNING: Move to approve.
CHAIRWOMAN FIALA: Second.
All in favor, signify by saying aye --
COMMISSIONER NANCE: But I've got a couple of comments
CHAIRWOMAN FIALA: Oh, do you?
COMMISSIONER NANCE: -- ma'am. I do.
CHAIRWOMAN FIALA: I am so sorry, I was --
COMMISSIONER NANCE: No worries.
CHAIRWOMAN FIALA: -- going to just try and pass you on
by.
COMMISSIONER NANCE: No, I'm in full support, but I feel
obligated to mention a couple of things.
CHAIRWOMAN FIALA: Very good. Go ahead.
COMMISSIONER NANCE: I think Mr. Reed has done a very,
very good job on these items, and I encourage everybody to take a look
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at them. And I just want to bring everybody's attention to a couple of
them that I think are really, really important.
Included on this list are FEMA de-obligation, a legislative
solution on something that the County has struggled with mightily.
There's a lot of great water resources and clean water use.
But the thing that I wanted to bring up to everybody's attention,
because I think it's so important, is the federal payment in lieu of taxes
program. What that is, is that is something that addresses our need in
Collier County because we have such a massive amount of our land in
public ownership and conservation that is taken off the tax rolls. And
even though that is put in conservation of public ownership, we still
have a lot of responsibilities for maintenance within those lands. And
it's a tremendous burden when you have over 1,140,000 acres in that
status. Because that's a wonderful thing but it has to be attended to.
These lands have been protected for development but they need
care and feeding. We need to make sure that we don't have exotics, we
need to make sure they're fenced properly, we need to make sure that
they're managed all with the best management practices that all the
public agencies are putting in there, all of which costs money.
So I just wanted to commend you. I'm not going to say that any
of these are more important than others, I'll let the readers come up
with that, but I'd like to commend you for your work and I'm certainly
in support.
CHAIRWOMAN FIALA: Thank you very, very much.
Excellent speech, by the way.
And with that, all in favor signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
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January 26, 2016
CHAIRWOMAN FIALA: Opposed, like sign.
(No response.)
CHAIRWOMAN FIALA: Very good. Well, we've got 10
minutes, so why don't we go to lunch a little bit early and come back a
little bit early.
MR. OCHS: Ma'am, we do have one other staff item, 11.C, that
was moved off of the consent agenda. If you would like to try to
handle that?
CHAIRWOMAN FIALA: Oh, yes, I am so sorry.
Okay, yes.
Item #11C
RESOLUTION 2016-21 & RESOLUTION 2016-22: ACCEPTING
RECOMMENDATIONS ON BEHALF OF THE GOLDEN GATE
WATERSHED IMPROVEMENT PROGRAM (GGWIP)
TECHNICAL ADVISORY AD HOC COMMITTEE INCLUDING:
A) EXTEND THE COMMITTEE UNTIL THE COMPLETION OF
ITS BUSINESS; B) APPOINT CITY OF MARCO ISLAND
REPRESENTATIVE CHADD CHUSTZ TO FILL THE EXISTING
VACANCY; C) PERMIT THE COMMITTEE TO ESTABLISH
SUB-COMMITTEES; D) CONFIRM THAT THE COMMITTEE
WAS ESTABLISHED TO ADDRESS COMPREHENSIVE
WATERSHED MANAGEMENT, DESPITE THE COMMITTEE
NAME WHICH FOCUSES ON GOLDEN GATE AND RENAME IT
THE COMPREHENSIVE WATERSHED IMPROVEMENT
PROGRAM COMMITTEE; E) BE ADVISED THE COMMITTEE
HAS TABLED THE CONCEPT OF EXPANDING COMMITTEE
MEMBERSHIP TO INCLUDE NON-GOVERNMENTAL
REPRESENTATIVES DUE TO THE TECHNICAL FOCUS OF THE
COMMITTEE — RESOLUTION 2016-21 : APPOINTING CITY OF
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January 26, 2016
MARCO ISLAND REPRESENTATIVE CHADD CHUSTZ TO FILL
THE EXISTING VACANCY ON THE COMMITTEE FOR A TERM
THAT WILL CONTINUE UNTIL THE COMMITTEE SUNSETS —
ADOPTED;
RESOLUTION 2016-22: RENAMING OF THE GOLDEN GATE
WATERSHED IMPROVEMENT PROGRAM TECHNICAL
ADVISORY AD HOC COMMITTEE TO THE COMPREHENSIVE
WATERSHED IMPROVEMENT PROGRAM TECHNICAL
ADVISORY AD HOC COMMITTEE; EXTENDING THE SUNSET
DATE OF THE COMMITTEE UNTIL THE COMPLETION OF
THE PROJECT; AND AUTHORIZING RULES OF PROCEDURE —
ADOPTED
MR. OCHS: Previously Item 16.A.8. And it's a recommendation
on behalf of the Golden Gate Watershed Improvement Program
Technical Advisory Ad Hoc Committee, a series of recommendations
including extending the committee until the completion of its business,
appoint a City of Marco Island Representative Chad Chustz to fill the
existing vacancy, permit the committee to establish subcommittees,
confirm that the committee was established to address comprehensive
watershed management, despite the committee name, which focuses on
Golden Gate, and to rename it to be the Comprehensive Watershed
Improvement Program Committee.
Also to be advised that the committee has tabled the concept of
expanding committee membership to include non-governmental
representatives due to the technical focus of the committee.
And this item was moved forward at Commissioner Taylor's
request.
CHAIRWOMAN FIALA: Commissioner Taylor, would you like
to present?
COMMISSIONER TAYLOR: Yes. And I received an email, as
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January 26, 2016
we all did, from Mrs. Payton from the Florida Wildlife, and I'm doing
this as a courtesy to her. But I am a little troubled by the restrictions
on the committee membership. But other than that, I would like to hear
from her and then we can make our comments.
MR. OCHS: She is a registered speaker, I believe.
MR. MILLER: That is correct. She is our only registered
speaker for this item.
Nancy Payton?
MS. PAYTON: Good morning. Nancy Payton, representing the
Florida Wildlife Federation. And thank you, Commissioner Taylor, for
allowing me the opportunity to comment on this ad hoc committee.
My email succinctly said all the concerns of the Federation.
There is a role for other government entities to advise and provide
input, but they should not be the sole source that provides
recommendations to Collier County, to you, the Commissioners.
The composition of the committee is problematic. Ifs entirely
agency personnel from other government entities. In fact, the County
didn't specify who they'd like from those government agencies, they
just said DEP, send us somebody. And the implication to the public is
Collier County doesn't know what it's doing, doesn't know where to go
with its watershed, so please, other government entities come and help
us out and tell us what to do. And we're further insulted by this
committee saying that people in Collier County don't know what
they're talking about, it's a technical committee and therefore there is
nobody in Collier County -- they refer to us as NGOs. But NGOs aren't
just not-for-profits, they're also for-profit agencies as well that do have
expertise and can provide input.
We shouldn't be relying upon this ad hoc group to provide the
recommendations and the directions. We have professional staff in the
County that's very capable of directing this committee. And it's our
recommendation and request that you allow this committee to sunset.
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It sunsets soon, I think in February. They've met three times. I went to
two of the meetings. The majority of the meeting was spent on how
they could perpetuate themselves, how they could solidify their power,
and also how they could expand their power and their reign over the
County. I know I'm sounding a bit dramatic, but it was quite shocking
to sit in Development Services and hear other government entities talk
about what they were going to do for Collier County and how they
were going to continue to do it.
We request that you direct -- you allow this committee to sunset
and you direct staff to develop a process, a program that is inclusive,
that is driven by Collier County and has access for Collier County
residents and other interested parties.
We think that the growth management review is a good template
for this. You know, with land use we get a lot of public input, with
transportation through the MPO, there's a lot of public input
opportunity. But these are our watersheds and it's more than just
what's downstream, it's the entire County and Collier County needs to
drive the process. Thank you.
CHAIRWOMAN FIALA: Thank you, Nancy.
And Commissioner Nance, you're the first --
COMMISSIONER NANCE: Yeah, you know, I look at this
committee a little bit differently. I believe this is a brand new effort.
It's only been in existence since February of last year. And I think
Mrs. Payton's comments are appreciated but I don't think that this
committee has really found its bearings yet and I don't think we should
throw it away for the simple reason that clearly our watershed
management spans across all these agencies. And this is a focused
committee that is supposed to be a group of agencies. It's not supposed
to be all things to all people. I mean, we have so many of these
committees that have extensive membership and when there's too
many interests in them I think they become dysfunctional.
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January 26, 2016
I think we should give this advisory committee a chance. I think
it's certainly working on something that's very, very important. I do
endorse the concept of having a subcommittee that would let others
engage. Like I say, these committees can't be all things to all people
and when we do what we get out of them is they become positions for
advocacy, and I don't think that's what we want, I think we want to
have a little more cohesive work together.
So, you know, I support this -- I support this recommendation and
I'm going to move approval.
COMMISSIONER HILLER: I'll second it.
CHAIRWOMAN FIALA: Okay, I have a second on the floor.
Commissioner Henning?
COMMISSIONER HENNING: Who's on the committee? Is it in
our agenda?
MS. PATTERSON: Good afternoon, Amy Patterson for the
record.
We have a representative from South Florida Water Management
District.
COMMISSIONER HENNING: I was looking for names.
MS. PATTERSON: Oh, names.
Do you want to give them names?
MR. KURTZ: Jerry Kurtz, for the record.
From the South Florida Water Management District it's Josh (sic)
De Lestang.
COMMISSIONER HENNING: I don't know him. How much
water does he shed off-site?
MR. KURTZ: He's the Big Cypress Basin's chief engineer.
With the City of Naples it's Gregg Strakaluse, the Director of
Stormwater and Streets.
With City of Marco Island, the position's vacant right now. And
one of the items is to appoint their new I think environmental person
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January 26, 2016
from the City of Marco.
Soil and Water Conservation District is Duke Vasey. And the
Florida Department of Environmental Protection is Julie Neurohr. She
is the TMDL coordinator in Fort Myers with DEP.
And Rookery Bay has a representative, Jeff-- I can't recall Jeff s
name, but Jeff is a stewardship coordinator for all of Rookery Bay,
kind of their land manager specialist. Definitely a watershed expert.
And Florida Fish and Wildlife was the person mentioned in
Nancy's email that travels in from a little bit of distance from out of
town. He is coming up to speed slowly, but acknowledged -- I think
he's coming from the Okeechobee area, but really important to have
them on the committee as well to get that perspective in our watershed
planning.
COMMISSIONER HENNING: Yeah, I don't -- my concern is
you're not aware the disbursement from Golden Gate Estates is ever
increasing because of an obscure law that was enacted a few years ago.
And right now there's a lot of lots being built on in Golden Gate
Estates without the proper state and federal permitting. And that water
is going to impact the overall system in Golden Gate Estates and shed
more water into our estuary system.
So I think you need to really take a look at instead of this much
volume you need to take a look at this much volume, because staff is
not doing its proper oversight of those permits being issued.
MR. KURTZ: Well, one of the areas that we want to focus in on
our one-year work plan which we're going to lay out at this next
meeting is Golden Gate Estates specifically. Look at all the options
available, any potential projects from a watershed scale, the big picture
scale. So that's first priority.
CHAIRWOMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: So when I read this list, where is
Collier County in this?
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January 26, 2016
MR. KURTZ: Well, we have a project manager dedicated
specifically to run the committee. We did -- we've only had two
meetings so we are -- as the Commissioner said, we are just kind of
getting our feet wet in watershed planning.
Watershed planning is the big view. It's typical to have kind of a
slow start. But our meeting coming up on the 29th is to set an annual
work program, set some measurable goals, pick some specific project
areas of focus, one being Golden Gate Estates, and to really focus the
group to start producing and vetting various watershed initiatives that
the County really needs to consider and prioritize.
COMMISSIONER TAYLOR: So given Commissioner
Henning's concerns, how are you going to weave that in? I mean, this
is the heart of Collier County, what we do with water. And we just
unanimously passed a 50-year plan where we consider stormwater a
commodity to be -- to condense what we did. I mean, it's overarching
what we're doing here.
And the fact that -- this is just -- I'm concerned about -- I mean,
the concept is very good, but I'm concerned that this isn't going to
address the reality of what's happening today.
MR. CASALANGUIDA: Commissioner, if I could, I helped set
up this committee. I understand Nancy Payton's concerns.
The point of why it's a technical advisory committee and you
have by count three or four engineers or professional watershed people
is because we're going to have to permit these projects through these
agencies. All the water we're talking about from Golden Gate Estates
goes into the bay, and that's why we have the chief engineer from City
on that committee. The water we want to divert is intended to go down
to Ten Thousand Islands and Rookery Bay. That's why we have
Rookery Bay on the committee.
We have to permit through FDEP. That's why we have FDEP
and Fish & Wildlife on the committee.
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January 26, 2016
The focus of this was to be technical groups that as we started our
projects, as I've talked to some of the Commissioners, the last thing
you want to do is start submitting permits and plans and then these
agencies telling you halfway through, well, these don't work for us. So
as they permit these restore projects, the idea was as technical advisory
committee to get a front lead on these projects and be commenting
before we even submitted plans.
So it was meant to be a technical advisory committee that our
projects would be vetted to so we get way ahead in the permitting
process.
COMMISSIONER HILLER: Can I address --
CHAIRWOMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Commissioner Hiller first, then me.
CHAIRWOMAN FIALA: Oh, I'm sorry.
COMMISSIONER HILLER: Thank you, Commissioner Nance.
Did you make a motion to approve?
COMMISSIONER NANCE: Yes, ma'am.
COMMISSIONER HILLER: Were you seconded?
COMMISSIONER NANCE: Yeah, you.
COMMISSIONER HILLER: I seconded. I couldn't remember
because we've had so much discussion. I continue my sec-- I mean,
like I continue to support you, Commissioner Nance.
This is really a -- this is not a policy committee. This is a
technical fact-finding committee. It's a very different type of advisory
board. And while we call it advisory board, as we do the other boards,
as you properly stated, Nick, it has a different purpose.
And so while I completely appreciate what Nancy is saying, it is
not -- it is not for the purpose that I believe that Nancy is articulating.
And so that is why I support Commissioner Nance. Although I am a
big supporter of Nancy's and understand what she does and why she
does it and her NGO's technical background and how it can lend
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January 26, 2016
support in other areas that are policy driven versus this, which is to
ensure that permits are properly pulled and awarded.
And we want both aspects considered. We want to make sure that
there's a clear understanding of what these agencies want for approval
and we also want to make sure that these agencies don't wrongly or
arbitrarily deny permits which should be awarded. I mean, it's both
aspects.
So I think from the standpoint of the objective of this group I
think it's great, but I think it's absolutely essential that our County's
involvement is at the highest level to achieve that objective.
And I'm not sure based on what I just heard Jerry say that we're
really achieving that. I mean, one project manager? I mean, I hope
that that project manager is bringing all the projects and, you know,
vetting it technically and making sure that the objective that Nick is
describing as the intent of this advisory board is being achieved. And
if that's being done, then that's good and we should support the
appointment and move forward and be done.
So I'll call the question.
COMMISSIONER NANCE: I just want to say one thing, and
that is when we originally talked about this and it was discussed as the
Golden Gate Watershed Improvement Plan, when this was conceived a
little more than, you know, not quite a year ago, I take it as a very
positive development that it is now seen after only a couple of
meetings and working together that this needs to be made a
comprehensive effort. Just as we made our growth management plans
comprehensive in nature, the realization by these different groups and
by staff that this needs to be comprehensive I think is a very positive
development. And I believe Mrs. Payton will have every opportunity,
as will other NGOs, to work with this group.
And I think this is actually brilliant and I think it's absolutely
necessary so I -- you know, like I say.
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January 26, 2016
CHAIRWOMAN FIALA: Okay. And with that --
COMMISSIONER HILLER: Can we call the question? Go
ahead.
CHAIRWOMAN FIALA: And with that, I ask for all those in
favor, say aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRWOMAN FIALA: Opposed, like sign.
COMMISSIONER TAYLOR: Opposed.
CHAIRWOMAN FIALA: Okay, so we have one opposed and
that is Penny Taylor.
Thank you very much. I wanted to ask but just off the record
now, are you able to add a couple people to this group that maybe
would be -- would add to, like Commissioner Nance was saying --
COMMISSIONER NANCE: To the sub-- provides for doing it
through the subcommittees but not to the committee itself.
MR. CASALANGUIDA: That was the intent, ma'am, that the
subcommittees, if they would be formed, could assist that committee,
and the NGOs could certainly participate in that.
CHAIRWOMAN FIALA: Thank you. We are going to adjourn
for lunch and we'll see you back here in an hour. Thank you.
(Luncheon recess.)
(Commissioner Hiller is absent.)
CHAIRWOMAN FIALA: Would everybody take their seats,
please.
MR. CASALANGUIDA: Thank you, ma'am. Good afternoon,
ma'am. We have no public speakers that I'm aware of.
Troy?
MR. MILLER: No. For public comment, no.
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January 26, 2016
CHAIRWOMAN FIALA: Nothing under public comment, fine.
MR. OCHS: We've got about 20 more minutes, if you want to
take Commissioner Henning's item, 10.A. That's the only thing left on
the agenda.
COMMISSIONER NANCE: Mr. Casalanguida, you need to
move that microphone a little bit closer to you, sir.
MR. CASALANGUIDA: Sure.
COMMISSIONER NANCE: Thank you.
CHAIRWOMAN FIALA: Okay, Commissioner Henning, would
you --
COMMISSIONER HENNING: Well, where's Commissioner
Fiala?
CHAIRWOMAN FIALA: I'm here.
COMMISSIONER HENNING: I mean Commissioner Hiller. I
apologize.
CHAIRWOMAN FIALA: Oh, that's all right.
I don't know where she is, so —
Item #10A (Added earlier in the meeting)
RECOMMENDATION TO CONTINUE THE DISCUSSION OF
THE JANUARY 25, 2016 MEETING BETWEEN THE NORTH
COLLIER FIRE CONTROL & RESCUE DISTRICT AND COLLIER
COUNTY, TO EXTEND COPCN AND CONSIDER A
SETTLEMENT AGREEMENT — MOTION TO OFFER A
SETTLEMENT AGREEMENT AND ALLOW COPCN
W/CONDITIONS: 1) UTILIZING COUNTY MEDICAL
DIRECTOR, 2) COMMON CREDENTIALS, 3) COMMON RIDE
TIME, 4) PATIENT CARE REPORTING, 5) COMMON QUALITY
ASSURANCE AND ISSUE FOR ONE YEAR AND EXTENDING
THE CURRENT COPCN FOR 30 DAYS (2/25/16) AND STAFF TO
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January 26, 2016
NOTIFY STATE AND PREPARE A PERMIT AND CERTIFICATE
— APPROVED
COMMISSIONER HENNING: Okay. Well, let me start. There
was some more information given to the Board at our joint meeting
with North Collier Fire and Rescue.
One is they're telling us why they can't work under an ILA
agreement by providing the Florida statutes out of the Health
Department of issuing a COPCN. And they highlighted it for
everybody.
And it states: The transferability of license effort -- effective sale,
transfer, assign or lease services. Each license is only good for
licensee who assumes the issuance is not subject to sale, assign or
transfer voluntary or involuntary. Licenses are permitted only for the
services located for which it was originally issued.
And this issuance of Collier County's COPCN is in Collier
County, okay.
CHAIRWOMAN FIALA: Okay.
COMMISSIONER HENNING: And we're not asking to -- our
interlocal agreements with the other independent and municipalities.
We're not transferring it within those, we're not selling it, we're not
assigning it, and we're not leasing of the service. What we have is the
other fire departments are working under our license. So that's one
objections (sic).
COMMISSIONER NANCE: And under our medical director's
supervision.
COMMISSIONER HENNING: Correct.
And as far as the interlocal statutes, we have the ability to -- that's
part of our service that we offer under 125, but in the Florida statutes
either 286 or 287, the interlocal -- no, 163, we have the ability to do
ALS, provide medical transport, provide ALS and BLS.
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January 26, 2016
And in fact under North Collier's codification of law creating
there, they have the ability to do BLS under Statute 195, which is the
fire departments. They have the ability to rescue. They have the
ability under their codification to do ALS.
However, all those arguments that was taken place yesterday
doesn't fix the problem. It does not provide what every other district
has. And if we go to the court -- talking to Jeff Klatzkow after, if we
go to the court, we cannot speed up the process to have finality of this
COMMISSIONER TAYLOR: That's right.
COMMISSIONER HENNING: -- to provide to have an
enhanced ALS in the Corkscrew region, like every other independent
fire district has. Or wishes to have.
So my proposal would be to allow for the County, as far as a
settlement agreement with North Collier, is to allow a COPCN under
conditions. And hear me out.
Issue the certification utilizing the County medical director and
the department director, one. Common credentialed standards -- well,
let me go back to the other one. As it is now, Dr. Lee monitors the --
and I don't know how often, monitors their training. Dr. Lee is Dr.
Tober's assistant.
So I haven't heard any objections to Dr. Lee monitoring or a little
bit of oversight, which they don't have to do.
But also, a common credentialed standards, like every other
district has. A common ride time standards.
COMMISSIONER TAYLOR: Uh-huh.
COMMISSIONER HENNING: A common patient care
reporting system. As we heard, they have their own. And a common
quality assurance program.
And the certificate offered as far as a negotiated settlement will be
for two years. Now, that's compliant to statutes. And then it has to
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January 26, 2016
come back and get reissued just like EMS does. Is that correct, Tim?
EMS has to come to the Board for reissuance of that COPCN.
COMMISSIONER NANCE: Renewal.
COMMISSIONER HENNING: Renewal.
So I'm going to make that motion to offer that to North Collier as
far as the settlement.
And also we need to talk about extending the existing COPCN for
the North Collier region.
COMMISSIONER NANCE: While we contemplated --
COMMISSIONER TAYLOR: You mean to expand it?
COMMISSIONER HENNING: No, no, extend it. Well, this is an
expansion of it. I'm talking about North Collier Fire and Rescue area.
Only their area.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HENNING: Not to reach out to Immokalee,
not to reach out to any other district.
COMMISSIONER TAYLOR: Big Corkscrew? Big Corkscrew
is included in that.
COMMISSIONER HENNING: Big Corkscrew area and North
Naples area, also known as North Collier Fire and Rescue.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HENNING: But on top of that, we need to
consider some kind of extension of their existing COPCN which only
covers North Naples.
COMMISSIONER NANCE: While we discuss this --
COMMISSIONER HENNING: While that offer is made to
North Naples. And get a response.
And my opinion, it would be appropriate to extend into our first
meeting in February. But that's only my opinion.
COMMISSIONER NANCE: Why don't we do it for 30 days.
COMMISSIONER TAYLOR: Well, what is the schedule of the
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January 26, 2016
CHAIRWOMAN FIALA: Excuse me, one at a time.
COMMISSIONER TAYLOR: What is the schedule of the --
CHAIRWOMAN FIALA: I'm sorry, it was Tim Nance who was
speaking. I'm sorry, go ahead.
COMMISSIONER NANCE: No, I didn't ring in, ma'am, let
Commissioner Taylor go.
CHAIRWOMAN FIALA: Oh, okay.
COMMISSIONER TAYLOR: What is the schedule of-- under
the state statute for the -- we're now at mediation; is that correct?
MR. KLATZKOW: Your next step is mediation. We have to get
a mediator, then schedule a date.
COMMISSIONER TAYLOR: Okay, so there's no time frame,
so it's wide open.
COMMISSIONER NANCE: Does that preclude us from an
alternate settlement, sir? It probably does not, does it?
MR. KLATZKOW: No, sir.
COMMISSIONER TAYLOR: So even though we reached an
impasse yesterday, we can legally reopen this; is that correct?
MR. KLATZKOW: You're not reopening it, you're making them
a settlement offer. This is fine.
COMMISSIONER TAYLOR: It's fine.
MR. KLATZKOW: This is fine. Courts love settlements.
COMMISSIONER TAYLOR: So do attorneys, right?
MR. KLATZKOW: I do.
COMMISSIONER TAYLOR: So what is the offer, sir?
COMMISSIONER HENNING: Well, the offer is outlined that
we offer them a COPCN, utilizing the County medical director and the
deputy County medical director, a common credentialing standard, a
common ride time standard, a common patient care reporting system, a
common quality assurance program.
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January 26, 2016
And this offer would be for two years. And those are the
conditions that will -- is under the settlement agreement. And naturally
those conditions are a part of the state issuing a certificate. Okay? So
in --
COMMISSIONER NANCE: Commissioner, I will second that.
The only discussion that I would have on this issue is that I think
we need to allow -- we need to allow the staffs to get together again
and we're going to also necessarily need to allow them time to have
another fire commission meeting in there somewhere. So I don't know
that the first meeting -- you think the first meeting in February --
COMMISSIONER HENNING: Well, you said 30 days, and it's
probably more appropriate.
COMMISSIONER NANCE: Well, yeah, let's make sure they
have a chance to function within their organization, because they're
going to have to meet and deliberate.
And I think it's a very thoughtful settlement, Commissioner
Henning, so I'm going to second your motion.
COMMISSIONER HENNING: Okay, and I'll amend my motion
to include your 30-day extension.
COMMISSIONER TAYLOR: From yesterday's meeting?
CHAIRWOMAN FIALA: I thought it was also a very good
presentation and it sounds like a great compromise.
Have you spoken to the people in the North Collier Fire District
about this, or is this just coming out?
COMMISSIONER HENNING: Well, what I did, no, I talked to
the County Attorney's Office on the process, and the County Attorney
advised me of some of the things that I'm talking about now.
I talked to the County Manager. He provided me some
information that is common within the other interlocal agreements.
CHAIRWOMAN FIALA: Seems very fair, really. I don't -- I
can't imagine anybody objecting to it.
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January 26, 2016
Commissioner Taylor, did you have anything else to say?
COMMISSIONER TAYLOR: No, no, I think this is a very good
solution and I wish they had allowed us to meet. But it doesn't matter.
We'll just go back with the offer. As you say, we haven't lost anything
by the fact that an impasse was declared yesterday. We're coming
back less than 24 hours -- yeah, less than 24 hours from the time the
meeting was over saying this is what we want. It would have been this
morning if the schedule had been different. So I think the sincerity of
what we're offering is there and I commend you, sir, for your thinking
this thing through. I would agree to it.
COMMISSIONER HENNING: Let me make sure that I have
everything.
MR. CASALANGUIDA: I think Mr. Summers wants to ask for a
couple of clarifications on your motion, sir.
COMMISSIONER HENNING: Sure, thank you.
MR. SUMMERS: Good afternoon, Commissioners. For the
record, Dan Summers, Director of Emergency Services.
I do think -- I want to make sure there's clarity on your extension.
I do have a responsibility to notify the state office of EMS that you are
extending the COPCN for 30 days. I need to notify the state.
And typically we have a permit and a document that you sign. If
you would like to direct staff to notify the state office of EMS that they
have a 30-day extension with the vehicles that they have on record to
provide that ALS support, that would be very timely. Because I think
it's prudent to give the state notification of this extension. If you're
comfortable with that, I'm happy to prepare in that documentation.
Meanwhile, I'll get a formal certificate and a formal permit put
together for you to sign, as we typically do in these COPCNs.
COMMISSIONER NANCE: Commissioner Henning, if you'll
modify your motion to include that, I will modify my second
accordingly.
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January 26, 2016
COMMISSIONER HENNING: I do. I do.
Anything else, Dan?
MR. SUMMERS: That's it.
MR. KLATZKOW: How do you wish this offer to be
communicated, sir?
COMMISSIONER HENNING: Pardon me?
MR. KLATZKOW: How do you wish this offer to be
communicated?
COMMISSIONER HENNING: However you deem --
COMMISSIONER TAYLOR: In writing.
COMMISSIONER NANCE: Yeah, I think we ought to authorize
staff and direct staff to reach out to North Collier Fire as soon as
practicable.
COMMISSIONER HENNING: This has to go to the Board
eventually. I mean, if you take it to their staff, that's fine. But
eventually it has to go to the fire commission board.
MR. CASALANGUIDA: So we'll get this out tomorrow as a
communication to their board.
COMMISSIONER HENNING: And you know what, I heard
from Commissioner Crossan and those commissioners out there. They
want the same thing as what everybody else does in North Naples. So
I found it in the best ability to offer it.
COMMISSIONER NANCE: Commissioner Henning, I agree,
sir, wholeheartedly.
Look, the independent fire districts and all agencies, including the
Sheriffs Office and the municipalities, City of Marco, City of Naples,
these are all critical partners if we're ever to put this together for a
unified emergency response. And you know what, I keep saying that
over and over, and if people are sick of me saying it, I'm sorry, I'm not
going to quit saying it. I think it's a lofty goal, I think it's something
we can achieve and I think it's really worth the effort. They are our
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January 26, 2016
critical partners, each one of these folks. And they have done great
work. I want to give credit to each and every one of them. They've all
done great work, they've all been cooperative, so I want to keep
reaching out to achieve this at all times.
I know we get into some heated discussions, maybe we say things
that we later regret. I know I've done it, I've made plenty of mistakes
and I think others will tell you they've made mistakes too. So I don't
want to have this conversation come to an end, I want to keep it going.
And I want to thank Commissioner Henning for bringing it forward.
Thank you, sir.
CHAIRWOMAN FIALA: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: And I would agree. I mean,
listening at the very end to Commissioner Crossan, you know, it was a
vote of what, 3-5 not to do an interlocal. But you could see that, you
know, the word, this is political, this is political. Well, it's not political.
There are good men and women working in the fire department and,
you know, on the street, these first responders that are out there. And
we just -- you know, this is never ever against them. This is to work
for a system that will benefit us all. So I will commend you.
CHAIRWOMAN FIALA: And I was talking to Marco Island
City Chairman, City Council Chairman last night and he
wholeheartedly supports continuing the COPCN. And I think that
they're going to be delighted to hear this. Also Councilman Petricca
phoned in and he also wanted to lend his support.
So I just wanted to let you know that Marco Island will be happy
-- and so did Chief Murphy. So I think they'll be happy to hear this
proposal as well.
And did you want to say anything else, sir?
MR. SUMMERS: Yes, ma'am, thank you. Pardon the
interruption. Again, Dan Summers.
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January 26, 2016
Just one little clarification. We typically -- and I did go back and
Ms. Price helped me verify the ordinance. We do that annually on the
COPCN.
COMMISSIONER HENNING: Oh, it's an annual.
MR. SUMMERS: Yes, sir. And I had to go check that myself.
COMMISSIONER HENNING: Yeah, I want to make sure that
we're equal to everybody.
MR. SUMMERS: Understood.
COMMISSIONER HENNING: So I'm going to change it to a
one-year certificate.
MR. SUMMERS: Very good, sir. Thank you.
And the other component is I just want to make sure that
concurrently I can advise the state that they have a 30-day -- was that
our termination date, 30 days from today as an extension?
COMMISSIONER HENNING: Correct.
MR. SUMMERS: Basically current conditions while the other
offers and discussions --
COMMISSIONER NANCE: Will that get us through the second
meeting of February?
COMMISSIONER TAYLOR: Yeah, I was --
COMMISSIONER NANCE: Let's look at that date and make
sure we're saying the right thing.
COMMISSIONER TAYLOR: That's exactly what I was
thinking. Whatever we do, I would think we have to make a decision.
Whatever the outcome, that needs to be brought back to a Commission
meeting, does it not, sir?
COMMISSIONER NANCE: When's the second meeting in
February, Mr. Casalanguida?
MR. CASALANGUIDA: 23rd.
COMMISSIONER NANCE: The 23rd?
COMMISSIONER HENNING: Yeah.
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January 26, 2016
MR. KLATZKOW: I would suggest you put a date on that
instead of 30 days, because I don't know if it's 30 days from today or
30 days from when it will expire, because you extended it before --
COMMISSIONER HENNING: It would be the 25th of
February.
COMMISSIONER TAYLOR: Yeah, but do we need to bring it
-- do we need to wait then for another two weeks to our next meeting
or should we make it concurrent with our last meeting in February?
COMMISSIONER HENNING: Yeah, that gives them --
MR. KLATZKOW: What I'm saying is if you make the date
February 25th it gives you two meetings in February.
CHAIRWOMAN FIALA: Say that again? I'm sorry, sir.
MR. KLATZKOW: A date certain. If you made it -- I heard
Commissioner Henning say February 25th. You have a meeting on the
23rd, so that gives you ample time.
CHAIRWOMAN FIALA: Great.
COMMISSIONER TAYLOR: However, but what if their
decision is one thing when we meet and then they make another
decision on the 25th of February? Do we need to meet again to —
consolidate is the wrong word -- to determine by vote that we are
going to either, you know, keep the COPCN or we are going to start
servicing their --
COMMISSIONER NANCE: They should know that we're going
to make a decision the second week in February and govern
themselves accordingly. I mean, if they want to get together and they
want to bring some -- you know, staff can communicate with us on a
regular basis.
MR. CASALANGUIDA: I agree with the County Attorney, I
think if you made a time certain for the 25th, at that point in time you'll
have ample opportunity to have another meeting and receive any
information from them, or continue it again if you like what you hear.
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January 26, 2016
COMMISSIONER NANCE: What say you, Commissioner
Henning?
COMMISSIONER HENNING: Yes.
CHAIRWOMAN FIALA: Okay.
COMMISSIONER HENNING: And then I made a motion for a
one-year certificate, if you concur on the second.
COMMISSIONER NANCE: I do.
CHAIRWOMAN FIALA: Okay, so that's in with your second,
right?
COMMISSIONER NANCE: Yes, ma'am.
CHAIRWOMAN FIALA: We have one speaker.
MR. MILLER: Yes, ma'am. Chris Spencer.
MR. SPENCER: Good afternoon, Commissioners. Christopher
Spencer. S-P-E-N-C-E-R.
I have just a couple of questions that I need a little more
clarification on. So the North Naples Fire District is not doing
transport, they're just taking care of people on scene waiting for an
ambulance currently and they're applying for a COPCN, because that's
the --
CHAIRWOMAN FIALA: That's the North Naples Fire you're
saying?
MR. SPENCER: North Collier Fire.
CHAIRWOMAN FIALA: Oh, okay.
MR. SPENCER: And we split that because of the merger, that
we're all working together. And so the rewards for working together is
the County is getting ready to take away their COPCN, but we'll talk
about that later.
The issue that I have or my concern is I heard Commissioner
Henning, who made a very good balance until we can work this thing
out, that the firefighters are going to have to ride on the ambulance. I
was just wondering, do the private companies like Ambutran and the
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January 26, 2016
new company who you -- as soon as you denied North Naples COPCN
to provide emergency on-scene ALS care, you gave to a private
company. I'm just wondering, do they have to do the ride time? Do
they have to fall into the same requirement as firefighters from my
district?
COMMISSIONER HENNING: Let me respond to that.
MR. SPENCER: Is it my time still?
CHAIRWOMAN FIALA: Well, did you want a response?
COMMISSIONER HENNING: You --
MR. SPENCER: No, no, if he wants to talk, I'll carry on a
conversation. But I don't want my time to tick out.
CHAIRWOMAN FIALA: It's not going to take your time.
MR. SPENCER: Okay.
COMMISSIONER HENNING: You are a fire and rescue district
by statute under 195. You are not a transport company for senior
citizens. You're responding to medical people that need medical care,
BLS, ALS. Just like any other independent fire district municipality
within Collier County.
MR. SPENCER: That is --
CHAIRWOMAN FIALA: Do you want to continue? Because
you have what, about a minute or so left.
MR. MILLER: A minute, 45.
CHAIRWOMAN FIALA: Okay, go ahead.
MR. SPENCER: That is understood.
But both of us, the people that are doing these interfacility are
able and trained under the Florida State statutes to be paramedics and
we can perform in either capacity ALS procedures.
COMMISSIONER HENNING: It's not --
MR. SPENCER: And BLS procedures.
COMMISSIONER HENNING: It's not lemons to lemons.
MR. SPENCER: I understand that's your current mode of
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January 26, 2016
thought, but I would ask you to please consider that as we move
forward to work to resolve to --
COMMISSIONER HENNING: You don't want to provide
transport. You told me --
MR. SPENCER: Nobody wants to do transport. Because I've
told you before in other statements that the cost to run Collier County
EMS is going to break the budgets of every single independent fire
district with the way that you budget it. And how they have to come
back. It's not the people, the people are great people. It's the
budgeting process and how much you recoup from Medicaid,
Medicare, et cetera, and private insurance.
COMMISSIONER HENNING: How much do you recoup from
the taxes you receive?
MR. SPENCER: We recoup enough money to run a fire
department and to provide a level of service that allows us to provide
advanced life support as we wait for an ambulance to arrive to take
somebody to the hospital.
COMMISSIONER HENNING: You're not --
MR. SPENCER: I think we need more ambulances on the street,
by the way.
COMMISSIONER HENNING: Again, it's not --
MR. SPENCER: So I thank you for your consideration. My time
is up, sir. Thank you.
CHAIRWOMAN FIALA: I'm sorry.
COMMISSIONER NANCE: Mr. Spencer, I'd just like to
respond to one thing you said. I believe, sir, if you will look at the true
cost of providing Collier County EMS, including transport, that you
will see that it is tremendously efficient and a great bargain. That
service is provided across the County, including the losses that we
sustain and underwrite out of the general fund for less than half a mill.
MR. SPENCER: May I comment, sir?
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January 26, 2016
COMMISSIONER HENNING: Yes.
COMMISSIONER HENNING: County-wide.
COMMISSIONER NANCE: County-wide.
MR. SPENCER: I understand that every single year that I've
been here the Collier County EMS has to come back to the Board and
say --
COMMISSIONER NANCE: Yeah, we do. We write off about
$11 million a year. But even if you add that together, if you consider it
across the whole County it's less than a half a mill. You're taxing your
residents almost a mill.
MR. SPENCER: Sir, I understand that.
COMMISSIONER HENNING: Okay, so --
MR. SPENCER: But I also understand that the North Collier Fire
District is providing a level of service that the County should ascribe to
be. Which is why the cities have become independent cities. Which is
why an independent district has become an --
CHAIRWOMAN FIALA: Did you want to come up here and
argue with --
MR. SPENCER: -- independent district, because they don't feel
that the County is providing proper service and they tax themselves
accordingly.
COMMISSIONER NANCE: I'm sure you're going to have ample
time to talk to your citizens and defend your budget, sir.
MR. SPENCER: I want to talk to -- you're my elected officials.
And with my vote, I reminded you yesterday, you work for me. I'm a
taxpayer. And I thank you so much for your time today. Thank you.
COMMISSIONER TAYLOR: I guess he doesn't like the
settlement.
COMMISSIONER HENNING: No worries.
CHAIRWOMAN FIALA: I guess he doesn't want to come to an
agreement.
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January 26, 2016
Okay, so we have a motion and a second on the floor. Any
further comments?
(No response.)
CHAIRWOMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: Opposed, like sign.
(No response.)
Item #9A (Continued from earlier in the meeting)
RECOMMENDATIONS TO APPROVE A RESOLUTION
PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL
USE TO ALLOW A CHURCH WITHIN AN ESTATES (E)
ZONING DISTRICT PURSUANT TO SECTION 2.03.01.B. 1.C.1 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A
4.05± ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF
PINE RIDGE ROAD (C.R. 896), ONE-QUARTER MILE EAST OF
INTERSTATE 75, IN SECTION 17, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PETITION
CU-PL20140000543] — MOTION TO CONTINUE TO THE
FEBRUARY 9TH BCC MEETING — APPROVED
MR. CASALANGUIDA: Very good, ma'am. That takes you
back to your time certain land use petition that started at 1 :30. You
had questions for the petitioner you wanted him ready to answer.
MR. YOVANOVICH: I find myself in an unusual situation. We
only have four commissioners. And typically petitioners have always
been given the opportunity to request a continuance when there are
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January 26, 2016
only four Commissioners to vote on a petition.
COMMISSIONER HENNING: Yeah, where is Commissioner
Hiller? She wanted this information.
MR. YOVANOVICH: So as we sit here right now, I think that it
would only be fair, since we don't have a full commission --
COMMISSIONER TAYLOR: We can't do it.
MR. YOVANOVICH: -- to grant my request for a continuance.
COMMISSIONER NANCE: I'll move to continue the item for
lack of a full dais. I think it's unfair to the petitioner to require a
unanimous vote.
COMMISSIONER TAYLOR: I agree.
COMMISSIONER HENNING: Is that a second?
COMMISSIONER TAYLOR: Yes, second.
COMMISSIONER HENNING: Where is Commissioner Hiller?
COMMISSIONER TAYLOR: And can we please explain this to
the hardworking folks that are taking time off from work --
MR. YOVANOVICH: We can answer the questions, if you
want, because we have answers to all the questions. It's just
unfortunate that --
COMMISSIONER TAYLOR: You can't --
CHAIRWOMAN FIALA: We have a motion -- excuse me, we
have a motion on the floor to continue. Do I hear a second?
COMMISSIONER TAYLOR: Yeah, I'll second it.
CHAIRWOMAN FIALA: Okay, I have a motion and a second.
Any further comment?
(No response.)
CHAIRWOMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
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January 26, 2016
CHAIRWOMAN FIALA: Opposed?
(No response.)
CHAIRWOMAN FIALA: Okay, that's a 4-0. So we'll continue.
MR. YOVANOVICH: Thank you. We'll be back. I guess the
next meeting is the 9th? Do I have the right date?
CHAIRWOMAN FIALA: Whatever that is.
COMMISSIONER HENNING: You know, I was just told that
Commissioner Hiller is over at the courthouse --
COMMISSIONER TAYLOR: Yes.
COMMISSIONER HENNING: -- with the Clerk and the County
Manager's lawsuit. She has a duty to be here.
COMMISSIONER TAYLOR: That's right.
MR. YOVANOVICH: Thank you.
CHAIRWOMAN FIALA: Thank you very much.
COMMISSIONER NANCE: Mr. Casalanguida, would you
please explain to the public in attendance what just occurred so that
they -- I think it's appropriate.
MR. CASALANGUIDA: Sure. For the folks that are in the
audience, this item will come back on February 9th as an advertised
public hearing continuance. And it will be heard in the afternoon,
approximately about 1:30, if scheduled appropriately. That's Tuesday,
February 9th.
COMMISSIONER NANCE: And the reason for that is that in
order for that item to go forward and pass, it requires four out of five
votes from the Board of County Commission. When one commissioner
is absent, it's unfair to the petitioner. It's considered unfair to the
petitioner to take a vote when that person would necessarily have to
have a unanimous approval. In other words, you know, it's considered
that if it's 4-1 it could still pass.
So Mr. Yovanovich was just appealing to the normal courtesy that
the Board has extended to all petitioners when that eventuality arises
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January 26, 2016
that we grant them that courtesy. So that is the reason why the Board
voted unanimously to do that. That's what has traditionally been the
courtesy offered to everyone.
COMMISSIONER TAYLOR: And we will do everything we
can to have it as a time certain for you. Unfortunately I know you
work. I don't know what good time or bad time it is, but I think if you
could communicate to our County Manager's Office, maybe have a
spokesperson, your presence is very important and you were heard and
I do apologize for this.
CHAIRWOMAN FIALA: This is your district?
COMMISSIONER TAYLOR: No, Commissioner Henning's.
MEMBERS OF THE AUDIENCE: I don't think you guys care
about the public.
CHAIRWOMAN FIALA: Sir?
MEMBERS OF THE AUDIENCE: No, you don't care about the
public. It's wrong. Because we stopped --
CHAIRWOMAN FIALA: We are trying to help you.
MEMBERS OF THE AUDIENCE: -- working to come over
here. And it's wrong of you guys.
COMMISSIONER TAYLOR: No, sir.
CHAIRWOMAN FIALA: All right, thank you very much.
Okay.
MR. CASALANGUIDA: Madam Chairman, that pretty much
wraps up your regular agenda. The only thing we have in
communications is we've got the workshop scheduled for the first
Tuesday in March, which is March 1st for your affordable housing.
No workshop in February.
So now we'll just take communication from the Board members.
Item #15
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January 26, 2016
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRWOMAN FIALA: Okay, fine, thank you very much.
So communication from commissioners. Would you like to start,
Commissioner Henning?
COMMISSIONER HENNING: Yeah. Very good meeting,
Commissioner. You did a good job under the circumstances earlier.
I apologize for having family commitments at the last meeting, I
think a late hour. But I did review the meeting after I left. So I have a
comment on that.
The Board approved a lump sum payment process for all the
contracts. And I understand the reasoning for that is to get the vendors
paid. Very noble.
However, those contracts, and I don't have all of them, were
procured under ordinance. Now, I know our ordinance is being
challenged today in the court about the $50,000 and under. But those --
even some of those were procured under Florida statutes' process,
which would be the one that Bart Zino was talking about was time and
material.
There's a Florida statute that is outlined. I'm positive that's how
our procurement ordinance was structured under the Florida law. We
have to abide by Florida law. Even though some don't think that we do,
we do. We have limited powers. We don't have ultimate powers. The
citizens give us a certain amount of powers and the Florida legislators
define it -- but anyways, time and material has to be under the lowest
cost, okay? So the guidance that you're giving to staff that these will
be paid under lump sum in my opinion is just going to confuse things.
Because again, the Clerk has to pay under the contract. So you're
going to have staffs and to the -- yeah, just give me a lump sum cost,
one cost, and so they get the cost, they submit the bill, do the work,
submit the bill to the Clerk, it still has to be paid under the contract.
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January 26, 2016
And I have PBS -- PBS contract, Bart Zino's company here,
contract signed by Bart Zino, signed by then Chairman Nance. And I
just want to comment that it's a time and material. And the markup for
materials over cost is 10 percent. The markup for subcontractors is
over five percent.
Now, I heard actually a couple of speakers, oh, I would never
work for something like that. Well, we have a signed contract. I went
through the others and they are the same, 10 percent for materials
above cost, five percent over subcontractors.
So I'm concerned that there's going to be even more of a delay
because of that decision. And it's just kind of a wait and see type thing.
And Crystal, are you going to pay, let's say this agreement with
PB&S of what it says in the contract?
MS. KINZEL: Thank you, Commissioner Henning.
Yes, we are going to require the sufficient backup to satisfy
ourselves. And as a matter of fact I actually have a couple of items
that I wanted to get to the Board regarding, particularly the PBS
contract and the claims for the last invoice. Because I know Mr. Zino
has sent a couple of emails around --
COMMISSIONER HENNING: That's another thing I want to
talk about.
The -- Mr. Zino -- well, Bart -- sent the Board an email saying
see, they still won't pay even though that you directed them to pay
under lump sum. Okay?
So I asked Robin from the Clerk's Office, who was part of the
email chain, to forward me the information so I can understand it.
And the reason it was, is exactly my assumption, they were
waiting for the backup material on their costs, the invoice that they --
from the subcontractor what their cost was so they can validate that
that was the true cost under the contract.
CHAIRWOMAN FIALA: But I thought you just said lump sum.
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January 26, 2016
And lump sum they don't have to validate, don't they have to give them
one lump sum?
COMMISSIONER HENNING: Right. And I'm just saying that
isn't what the original contract is that went out to advertisement that
was adopted by the Board. I know it was amended, but that isn't what
went out to bid.
CHAIRWOMAN FIALA: But then when it was amended we
don't consider that an amendment?
COMMISSIONER HENNING: No, if you remember -- that is an
amendment. If you remember Commissioner Hiller saying to Crystal,
now, Crystal, are you going to pay to the contract what the language
says in the contract? And Crystal said yes, we have to.
CHAIRWOMAN FIALA: Okay, but now you just asked Crystal
if she was going to pay this and she didn't say yes or no. She went on
to say something about well, we first we have to verify --
COMMISSIONER HENNING: I didn't ask her if she was going
to pay it. I asked her if she was going to pay it to the contract, to this
contract. And they have to validate it --
CHAIRWOMAN FIALA: Is this the amended contract?
COMMISSIONER HENNING: No.
COMMISSIONER TAYLOR: So the original contract, you have
to pay to the original contract?
CHAIRWOMAN FIALA: Even though it's been amended?
MS. KINZEL: No, Commissioners, what we have to verify is
that your amendment does not pay a vendor more than you originally
agreed to pay the vendor for the work that's to be performed. And I
have a particular example on Mr. Zino's, that I'd like to put on the
visualizer and I think it will make the point of why we are so
concerned about a lack of support and backup documentation.
And if I could, Commissioner Fiala? Could I show you?
CHAIRWOMAN FIALA: Yes.
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January 26, 2016
MS. KINZEL: Okay. Commissioner Fiala, what we received
originally from Mr. Zino -- and I don't know how this appears. There
we go. This original invoice as you can see is very limited on detail
and information. And it's for $37,000. We asked for supporting
documentation for that invoice, and Mr. Zino provided this information
to our office.
Now, on this backup and support, if you look at the top line items,
those are all subcontractor activities that Mr. Zino is then adding a five
percent markup to the subcontractors per that original contract.
Now, additionally what Mr. Zino didn't mention, is that
additionally in the rate schedule to the contract he has billed another 31
percent for his overhead staffing for a total of$37,000 on this invoice.
And we thanked him for that information. But then we moved
forward and said, thank you, but what we really would like to see is
your subcontractor invoices from which you derived these amounts of
money. And I think that generated some back and forth emails that,
why do I have to provide that because the Board has no longer -- they
amended the contract. We said the Clerk's requiring it. In order for us
to pay you, we need this information. So he provided the backup
information.
He submitted a new schedule and altered the amounts for the
subcontractors to equal the backup that he was able to provide. And as
you'll see, this total for subcontractors is only $16,000. The original
amount that he billed you that would have been paid without
supporting documentation was over $27,000. So there's a $10,000
difference in the subcontractor invoices that he supported.
He didn't, however, lower his invoice amount. He changed --
again, if you look at the overhead and administrative hours here and
the hourly rates -- and maybe, Jim, can you give them --
JIM: May I approach and give each of you a copy of this?
MS. KINZEL: He then altered the administrative hours that were
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January 26, 2016
supported on this project and increased all of those so that the net
difference in the invoice provided is 25 cents. And here's a
side-by-side comparison that Jim will also pass out to you.
COMMISSIONER HENNING: You need the invoices from the
subcontractor.
MS. KINZEL: And we have those. He sent those with his
second submission. And I can go one by one. And these tied to his
second schedule and submission as far as the subcontractors' billings.
This is one example that exactly substantiates the concern that we
have when we do not get backup for lump sum agreements. They are
marking up, obviously far more than five percent on subcontractors.
This was over $10,000 above what the subcontractors had actually
billed their company.
And when we asked for the actual backup, it ties to his new
schedule. And the new schedule said post-construction. Which is
really interesting because we should not have had an invoice or
anything submitted to us without it being post-construction. So both
submissions were presented to us as having been for completed jobs.
Now, this item also had a potential for insurance, but because it's
under 50,000, it's a self insurance issue. But your insurance adjustor
said that the claims for this job should have equaled about 25,000 with
then a mitigation amount about 7,000. So the 37 was above both the
insurance adjustor and in his initial indication of the amount due for
the 37-four, obviously he had billed more than 10,000 above what he
was charged by subcontractors.
This is our problem with not getting sufficient backup to the work
being done.
Mr. Zino's rates for his hourly in administration, those are
according to the original contract that he signed. Each of those five
vendors under the general contractor's agreement all have different
rates for their staffing. PBS was the number third ranked company.
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January 26, 2016
On this particular item he was the sole responder.
COMMISSIONER TAYLOR: Why?
MS. KINZEL: I can't answer that. I mean, we can maybe go
back and ask Mr. Zino, but there were no quotes for the other four
contractors.
This is the epitome of our concern. It causes us great concern that
this may be occurring across the board with the subs. After we saw
what occurred with BQ Concrete and the backup and support for that,
we have absolutely become more vigilant in requiring backup and
looking for the supporting information so that you do not pay more for
a job than is required by your contract.
CHAIRWOMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: You know, time and materials
arrangements for projects are the least advantageous to anyone that is
trying to get a job done. Because you certainly don't really know what
the costs are. You might know what the rates you're going to pay per
hour, but you don't know what the costs are going to truly be.
And certainly with the level of backup information that's required,
I don't know anybody that's going to want to work for the County
under time and materials basis. So I like lump sum. I think if we bid
things out to a lump sum it's going to be the neatest, cleanest and I
think it's actually going to be the best way for us to get low prices,
because the administration of working with the County is theoretically
going to be less. If we just say look, we want this pen, I don't
personally care where they get it or what their costs are, as long as
we're getting what we barter for at the lowest possible cost to the
taxpayer.
So I think when we get -- I think our definitions that we adopted
the other day, I completely respect what Commissioner Henning is
bringing forward. I did not anticipate that this was going to have a big
ramification of looking backward and solving problems. I just want to
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January 26, 2016
look forward so that after we finally get these invoices approved, that
we get the backup documentation, we do what we do, that we can go
forward and we can eliminate some of this. Because this is not
productive for anyone concerned. I don't think it's productive for the
Board, I don't think it's productive for the Clerk, I don't think it's
productive for the vendor.
So, you know, it's my hope that we can do as much business as
we can on a lump sum basis that's competitive and we thereby
encourage as many bidders as we can.
The big money we're losing in the County is because we don't
have any bidders. So many times we've got one or two bidders.
There's no way we're going to get a good price unless we have
competition. And I believe that we're part of that problem. I think our
process has become in the main self-defeating.
MS. KINZEL: And Commissioner Nance, I just need to respond
to one point of that.
This example is exact evidence where you have been incredibly
overbilled because of the lump sum methodology. If we had not
forced the backup, they were not adhering to any of your contractual
rates.
COMMISSIONER NANCE: Tell me how we're going to start
saving money when we have no bidders.
MS. KINZEL: Well, Commissioner --
COMMISSIONER NANCE: Looking forward, how are we
going to do that?
MS. KINZEL: -- you had over 15 for these. You accepted five.
You ranked them. They're all doing work. And they agreed to the
contract for time and materials.
Where they started balking is when we did request the backup.
And I think this is the evidence why they're balking at providing the
backup. I fear that when we check many more of their lump sum
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January 26, 2016
quotes and request that backup, we will be finding the same significant
amount of over markup.
COMMISSIONER NANCE: Your point is very well taken.
Now there's only one element that everybody has to remember, is that
these people actually have to be able to make money to want to do
business with the County.
MS. KINZEL: Well, Commissioner, on this one he's providing
31 percent of the job for his administrative overhead, including 50
hours of accountant's time, 40 hours of a president's time. That's in
addition to the subcontractor markup of the five percent.
COMMISSIONER HENNING: I like --
MS. KINZEL: And at the five percent markup he was over
billing you $10,000 already, which is another 30 percent markup.
COMMISSIONER NANCE: I understand that, ma'am.
MS. KINZEL: I think he's been making money.
COMMISSIONER NANCE: I think if you looked at the way the
County spends the taxpayers money you'll find out there's an incredible
big number for administration and that taxpayers could come to the
same conclusion, the Clerk being part of that.
MS. KINZEL: And the Clerk tries to do our best to stop it where
we know it.
COMMISSIONER NANCE: I agree, ma'am, I --
CHAIRWOMAN FIALA: So let me just ask you while you're
still there: So are you saying then that you're not going to accept
anything that says lump sum anymore, that we have to write our
contracts time and material?
MS. KINZEL: No, what we're saying is we're going to be
reviewing all the supporting documentation we need or we believe is
fair in order to determine what we should actually be paying according
to the contract you agree to.
CHAIRWOMAN FIALA: Crystal, you're not answering my
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January 26, 2016
question.
Will you be accepting lump sum anymore or do you need all the
time and material anyway so no bother that you will not accept lump
sum?
MS. KINZEL: No. Under this contract the reason we are
requesting the detail, regardless of your amendment, is that there is
also a statute that requires us not to pay more for something that you
originally agreed to the pricing.
CHAIRWOMAN FIALA: So are you going to also declare how
much profit the companies can make and how much --
MS. KINZEL: We do not determine that. We never have,
Commissioner. That's in your contract with your vendor.
CHAIRWOMAN FIALA: Yeah, but you were just saying --
MS. KINZEL: And you determine that.
CHAIRWOMAN FIALA: -- something about how much and
you were saying about the cost and how much they're making. I'm not
quite sure what you're really saying. And what I'm trying to do is I
want to really pin down what you're saying. Because --
MS. KINZEL: I think that moving forward --
CHAIRWOMAN FIALA: -- it's like scattershot and we don't
know what you really are referring to.
MS. KINZEL: I'm sorry, I thought the evidence was pretty clear.
They have billed you far in excess of what they were authorized to do
under your first agreement. They then altered the invoice that they
submitted in both time and subcontractor detail to make it equal the
same amount they had billed you previously once we requested the
backup. That is --
CHAIRWOMAN FIALA: That's why I asked the question.
MS. KINZEL: That is a very frightening high-risk red flag for
every accountant and auditor, okay?
CHAIRWOMAN FIALA: So in other words --
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MS. KINZEL: Moving forward --
CHAIRWOMAN FIALA: -- back to the original question.
MS. KINZEL: Moving forward prospectively, we will look at
whatever backup is included under the constraints of your contract, and
we will see how we are able to pay under your contracts. You have
not written any that are all lump sum, you have simply gone back and
amended what was indicated, every contract in Collier County, to
include lump sum.
CHAIRWOMAN FIALA: Now you're answering my question.
MS. KINZEL: We will be looking at the backup for those
retroactive items, yes.
CHAIRWOMAN FIALA: I was looking for that answer. Okay.
COMMISSIONER HENNING: In other words --
CHAIRWOMAN FIALA: I think you were --
COMMISSIONER TAYLOR: No, Commissioner Henning's
next.
COMMISSIONER HENNING: I want to try to clarify because,
you know, these are numbers people.
The contract was amended. You still have the original language
within the contract. So they're going to take a look at the amendment,
they're going to take a look at what was in their original contract to see
how they can pay it legally. And like Crystal said and, you know, I've
read part that was sent to Bart. Can't pay over -- more than what was
contracted for. It's actually, you know, unlawful.
But anyways, I didn't want to get out of turn, I still have
questions.
CHAIRWOMAN FIALAA: I think you were next anyway.
COMMISSIONER HENNING: Nick, was our staff aware, or
Crystal, was our staff aware that these re-submittals showing the
original invoices from the subcontractor, were they aware this was
submitted?
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MS. KINZEL: I don't know, that just came to us this morning at
7:59, so --
MR. CASALANGUIDA: First I've seen it, sir.
COMMISSIONER HENNING: All right.
Jeff?
MR. KLATZKOW: First I've seen it.
COMMISSIONER HENNING: Well, okay. Based upon what
you have saw, is this defrauding government?
MR. KLATZKOW: I don't want to say that without seeing the
whole thing. I don't know.
COMMISSIONER HENNING: Okay, well, do you think it's --
MR. KLATZKOW: You could direct staff to look into this
would be appropriate.
COMMISSIONER HENNING: Do you think it's worthy of
looking into and coming back to the Board and potentially taking
action?
MR. KLATZKOW: I do think it's worthwhile.
COMMISSIONER HENNING: Okay. Well, do you need that
direction?
MR. KLATZKOW: I think it would be appropriate for the Board
to direct staff to look into this to work with the Clerk and to come back
to the Board on executive summary, yes.
COMMISSIONER HENNING: Do you need a motion? I mean,
is --
MR. KLATZKOW: Three nods is fine.
COMMISSIONER HENNING: I want that to happen.
COMMISSIONER NANCE: I'm fine.
COMMISSIONER TAYLOR: Yeah.
MS. KINZEL: And we'll be glad to work with staff on this.
COMMISSIONER TAYLOR: Make a motion.
COMMISSIONER NANCE: We've got three nods to --
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COMMISSIONER TAYLOR: Yeah, let's make a motion. Let's
make it official.
CHAIRWOMAN FIALA: No, nods will be okay.
MR. CASALANGUIDA: Commissioners, I have your direction.
COMMISSIONER HENNING: That's all I have.
And Commissioner Taylor wants to talk about this item.
COMMISSIONER TAYLOR: Well, no, basically I think there
was some clarity. I mean, I understand it if-- I don't think the Clerk
makes up the rules, I think it's more that he has to audit according to
the contract. So going forward, these lump sum contracts, Mr.
Casalanguida, they won't have the requirement in it of backup?
MR. CASALANGUIDA: There are two things your staff is
going to do, ma'am. One is to re-solicit these contracts to include all
the options, which would be unit price, time and materials and lump
sum. So the contracts will be clean.
The purchase orders will then dictate which method they'll use in
that procurement. When we get multiple quotes we would go with a
lump sum. That would be our direction, to go in that way.
We also want to bring on a job estimator on staff, a licensed
estimator. So when we put out a quote the licensed estimator will
review it and determine that it's reasonable if we don't get multiple
quotes on a job. And that's the direction staff is going right now,
ma'am.
COMMISSIONER TAYLOR: Okay. So are we rewriting the
contracts?
MR. CASALANGUIDA: We'll re-solicit the contracts. They'll
be advertised, put on the street again with the language modified as we
discussed at the last meeting.
COMMISSIONER TAYLOR: We're not re-soliciting existing --
MR. CASALANGUIDA: No, ma'am, you're --
COMMISSIONER TAYLOR: -- going forward?
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MR. CASALANGUIDA: -- going forward, a new proposal on
the street.
COMMISSIONER TAYLOR: It will be a new contract.
MR. CASALANGUIDA: Yes, ma'am. Solicited with that
language in there.
COMMISSIONER TAYLOR: And you've worked with the
Clerk's Office to figure out whether they can audit this new contract?
MR. CASALANGUIDA: No, but we will do that. I mean, the
few terminologies will be put in there. I think if it's clear in the
contract it says it's either procured under one of those three methods
and the purchase order dictates which method, or the advertisement
and the request for quote dictates that. That will be our intention, to
work with the Clerk's Office to make that audit trail clean.
COMMISSIONER TAYLOR: Okay. And just one small aside
to Chairman Fiala, your remark that that's why people don't want to
work for us, because they don't want to get paid (sic). I can tell you
that at least from my year of working on the TDC, you would have to
be -- in some of the solicitations you would have to have inside
information to know what they were asking for.
Now that's a pretty strong response, but when I look -- it's like
what does this say, what is it for? I mean, because I've read them.
They need to be very clear what we're asking for. And some of them
aren't. I'm not saying it's --
CHAIRWOMAN FIALA: I was just telling you what I've heard
from the industry, okay? They don't want to work with us anymore.
And we've seen it in writing at our last commission meeting where
they put in writing, like the two fence companies, they'll never do
business with us again.
COMMISSIONER TAYLOR: Yeah.
CHAIRWOMAN FIALA: And we're going to find more and
more, and that's why we have less and less people bidding. And you
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can say what you will, each one of us has our own opinions. I honor --
COMMISSIONER TAYLOR: I'll bring some up to you so you --
CHAIRWOMAN FIALA: That's all right, we're not going to
argue about this. Let's not argue. Let's finish that, okay?
Now, we're done with that, we've already discussed it. Let's move
on to --
MS. KINZEL: But Commissioner Fiala, I do have to correct
something that's on the record.
You know, it's interesting on the Carter Fencing, since you
brought that up as an example. Carter Fencing had not even submitted
their invoice. We actually pursued them at year end to try to get a
wrap-up on one of their project's invoicing. And you know what they
said? Well, we don't want to invoice because of what happened to BQ.
Now, that was relayed to us by some of your staff.
That's a real red flag concern that this backup is so important.
And I'll be glad to work with staff, but I seriously believe we need
some controls to just allow the vendors to create the cost.
I like Nick's idea of a professional inside estimator that can check
the reasonableness of items.
CHAIRWOMAN FIALA: We've taken care of that. Let's not
argue about this anymore, we're not --
MS. KINZEL: I'm not.
CHAIRWOMAN FIALA: -- going to solve anything. Okay?
COMMISSIONER NANCE: I've got something.
CHAIRWOMAN FIALA: Are we on to another subject?
COMMISSIONER NANCE: I think we're still on
communications.
CHAIRWOMAN FIALA: We are.
COMMISSIONER NANCE: Okay, I want to get this in before
Commissioner Henning has to leave because I think --
COMMISSIONER HENNING: No, I'm going to stay.
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COMMISSIONER NANCE: Okay, thank you, sir.
I want to bring up something for consideration of the Board, and I
would like to have the opportunity to convince you that we should
request action of staff here as well.
What I want to talk to you about is charter schools building in
Golden Gate Estates at present. As you are aware, the charter schools
have become very popular. I think they're good, I think they're
providing a great service in our community.
But what occurred the other day was a charter school applied for a
building site and made application to build a charter school in Golden
Gate Estates.
Charter schools, because they use public monies, they're using
public monies, are granted the same status as public schools are.
They're considered to be the same sort of entities. And back in the
original days when they platted Golden Gate Estates, existing land uses
were made for government institutions, including schools, to have a
buy-right use in Golden Gate Estates.
What has occurred right now is, and we're just now after about a
decade getting to the point where we're reviewing the Growth
Management Plan in Golden Gate Estates. It seems that Estates zoned
land is a great bargain. It's residential property; it's a great bargain for
potential charter schools.
And what occurred the other day was a charter school is moving
forward in the Estates under those rules that had absolutely no
requirement to meet with any of the neighbors, to have any setbacks,
any consideration of noise, light, the sorts of things that we review
today with a conditional use on the church.
And what I'm asking for today is your support for a request to
direct staff to work with the County Attorney to bring back an
executive summary which would give us the ability to perhaps impose
a temporary moratorium on these sorts of permits until we can
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examine what is appropriate if this use is to be very much expanded,
which I think it is, and to allow the Board whether they want to impose
a moratorium and what sort of procedural steps should be the case.
And that's because I just don't want to see without sometime sort
of guidance and some sort of input, I don't want to see our rural
residential communities come under dozens of these applications
because the economics are just perfect for it at the time.
So I'm asking for your support to direct staff to bring an item back
an executive summary which would allow us to discuss this and
perhaps consider a temporary moratorium until we can get our Growth
Management Plan under way and address this appropriately.
CHAIRWOMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah, we might be statutorily
prohibited to do so, but I agree with bringing it back to answer those
questions and see if we can do it statutorily.
COMMISSIONER NANCE: I think it probably should be a
conditional use. Just with some ordinary -- and regular schools too.
You know, the regular schools go in there and sometimes they,
honestly, as much as I support schools, and Mrs. Nance would be
beating me right now, but I do support them. But sometimes they don't
accommodate adjacent uses very well. And I think a reasonable
criteria is just, you know, something we should address.
COMMISSIONER HENNING: Well, I'd like to hear your
thoughts on -- or what has occurred where it's not conducive of the
neighborhood with the public schools. However, the public schools
serve that area. The charter school serves the greater area. So you
have different impacts.
COMMISSIONER NANCE: Oh, absolutely, sir. And I --
COMMISSIONER HENNING: However, you're going to use
the other side of the road during that process.
COMMISSIONER NANCE: Meaning?
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COMMISSIONER HENNING: Meaning in the morning they're
going to be going to the east --
COMMISSIONER NANCE: Well, sure.
COMMISSIONER HENNING: -- and everybody's coming out to
take their kids to school. And then when they pick up the kids they're
going to be going the opposite way when the people in the Estates go
to the east. So --
COMMISSIONER NANCE: Well, look --
COMMISSIONER HENNING: But it is a traffic impact if not
located in certain areas. Like if it's on a neighborhood road --
COMMISSIONER NANCE: Yes.
COMMISSIONER HENNING: -- it's going to be detrimental to
that --
COMMISSIONER NANCE: Just the sorts of things that we
talked about today. And having appropriate setbacks and, you know,
being part of the neighborhood. Because it is a rural low density
neighborhood. And those people bartered for that. That's -- you know,
you heard the discussion today, I just believe it's appropriate to have
those sorts of things considered. And I'd just like staff to be able to
consider it and bring something back to the Board.
COMMISSIONER HENNING: Right. And I read the article, I
saw the location of it. It's not conducive even of any conditional use of
its location.
COMMISSIONER NANCE: Well, not only that, sir, you know,
because they didn't -- there was a very, very emotional Golden Gates
Estates Area Civic Association meeting where you had 150 residents
that never had an opportunity, because of the current law under the
current regulation they didn't have any opportunity prior to that civic
association meeting to meet with the applicant, to talk about what their
concerns were in any way, and so it was an emotional meeting, very,
very upset people.
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And I believe that there are ways that, you know, it can be done
and it can be made more compatible.
MR. CASALANGUIDA: For the Board's edification, I received
a letter from the school district. There are two more charter schools in
the urban area that were approved that are presently going through the
siting process. So it's probably timely in that sense.
COMMISSIONER NANCE: So with your support I'd like to ask
for your support to --
COMMISSIONER TAYLOR: That's fine.
COMMISSIONER NANCE: -- give staff that direction.
COMMISSIONER TAYLOR: That's fine.
CHAIRWOMAN FIALA: I think you see all of us nodding.
Do you need a motion on that?
MR. CASALANGUIDA: No, ma'am, it's consensus. We'll bring
back an item.
COMMISSIONER NANCE: Thank you, sir.
And I have nothing else. I mean, I publicly want to thank all you
all for your courtesy to Gail. You know, she had this pretty onerous
procedure done, and you all were very, very kind in your remarks and
your thoughts, your kind thoughts were very much appreciated by
myself and her. So thank you all for your kind words and good
thoughts.
CHAIRWOMAN FIALA: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: Yes, one thing that came up from
the discussion about the Summit property and going forward, and it
highlighted it for me. I attend a church that is probably 2,000 square
feet, nestled in a neighborhood with a hall across the street that maybe
is 2,500, maybe 3,000. One story. The highest part of that church is a
steeple that has a bell in it. And it was built in the 1950's.
They don't build churches like that anymore. And yet our -- I
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believe it's the LDC or I believe it's the LDC, allows these newer
structures, these 21st century structures to be in residential
neighborhoods. So I'm questioning the -- I think we need to bring our
-- if it is the LDC, if I'm correct, we need to start looking at that use
and maybe defining it a little bit better and bring it up to date. We
can't keep doing this. Because they are structures that -- which is
probably the way churches always were. It was never -- you know,
always on a Sunday and then you went home and maybe you had a
supper, a parish supper once in a while. But not, you know, the seven
days a week almost that they have. I'm not suggesting that this is what
was presented today. But when you look at some of the churches,
recent churches, they are institutions that are really -- it's almost a
commercial, but it is much, much more than I think the church that was
defined in the -- what our regulations are to.
So I would like to see if there's agreement for staff to start looking
at that and maybe modifying what kind of church or what can go next
to residential.
CHAIRWOMAN FIALA: You know, we've got three different
things we want staff to look at. We started last meeting with golf
course communities, and from there then we've gotten the charter
schools and now the churches. I think that's a heavy load for staff to
carry, but I think it's necessary. Because our rules were written back in
what, 1989 when we first established the Growth Management Plan,
and I think they need to be updated. Because nobody ever expected,
like for instance, gas stations that are mega stations settling in a little
tiny neighborhood. These things -- you know, who would ever expect
that? And who would ever expect anything like a charter school to go
in Golden Gate Estates?
COMMISSIONER NANCE: Well, we're poised in the east
because we've got four growth management plans that are getting
ready to come up and, you know, we can just get those in the hopper
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and go forward. So I think that's timely. I just -- you know.
MR. CASALANGUIDA: A little help, Commissioner Taylor. In
terms of what standards in particular? Is it architectural, is it setbacks,
is it --
COMMISSIONER TAYLOR: I just think it's -- I believe it's too
intense for residential because of the uses that have evolved today.
Now maybe 50 years from now it will go back to the little church that I
go to that's been there for 50 years. But the mass, the size, the parking,
all of the above, I think it is more of a commercial use than it --
MR. CASALANGUIDA: So limiting in the LDC with a
conditional use you could ask for in terms of these locations is what
you're kind of suggesting?
COMMISSIONER TAYLOR: I'm going to leave that to my
colleagues and to staff. I -- go ahead.
COMMISSIONER HENNING: Yeah, the church today that we
spoke about is in the Golden Gate Area Master Plan. Now, those
churches cannot be located like they have in the past on a
neighborhood road. They have to be on a collector or an arterial
roadway, such as Pine Ridge Road is an arterial roadway, such as
Livingston, so on, so forth. It cannot be on a neighborhood road.
Now, the folks at Napa Woods, they have a church, Unitarian
Church, you've been there, I've been down there, at the end of the road.
COMMISSIONER NANCE: That was previously existing.
COMMISSIONER HENNING: That's previously existing.
Now, what happened was Mark Strain was involved in this. And
I'm not sure exactly when, I know staff is going to bring back when it
was, to specifically locate those churches so it doesn't have that impact.
So it has -- in other words, it has to be in an existing activity center,
number one, in Golden Gate Estates. To where if you have a gas
station or a hardware store at the corner of Wilson and Golden Gate
Parkway -- Golden Gate Boulevard, the property abutting that can
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apply for a conditional use.
However, you nailed it when you said that the churches are not --
the traditional churches and the activities they do, I think that needs to
be defined is what is a typical use? Because they are changing.
Now, I know when I had my son in Boy Scouts we would meet in
a church, okay? However, I find it a stretch to have AA or other kind
of uses, David Lawrence uses, like to try to help people and activities
within a church. You see what I mean?
COMMISSIONER TAYLOR: Well, we can't monitor that.
There's no way that we -- we're not policing that.
COMMISSIONER HENNING: Well, you don't need to so much
police it as it needs to be defined of what is a typical use in a church.
We've got 100 and some odd -- 150 I think churches within Collier
County. I'm sure they've got a mail address that we can mail it to and
say this is what we recognize in Collier County as a typical use in a
church. So it doesn't become a commercial use.
COMMISSIONER NANCE: Well, Commissioner, you know,
I'm a believer that with setbacks and buffers and restrictions and
prohibited uses, that you can make things pretty compatible with space
and regulation.
COMMISSIONER HENNING: But you don't want it to become
a use that it's typically used -- typical hours, that's what I'm trying to
say. You know, Sunday two or three services, Wednesday night you
have classes, and it's pretty much after that administration. But when
you have activities every night, is it becoming more of a commercial
use than a conditional church use?
COMMISSIONER TAYLOR: But then how do you monitor
that? I mean, now all of a sudden the government has to become the
policeman to see. I mean, in theory neighbors can complain, but then
there's enforcement and then it goes on and goes on. Meanwhile the
building is there. If we -- go ahead.
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MR. CASALANGUIDA: Ma'am, it's really no different than any
other retail or commercial use. If they violate the permitted uses in the
zoning, then you get called in. I think churches are easier to monitor
than some commercial uses are in terms of what they do.
Typically we get a complaint and we'll send a code agent out
there, and they're pretty straightforward with us, they'll say we didn't
know or we're doing this use and it's inconsistent and we'll stop it. So
they're not big violators once we identify the issue and they usually
take care of it.
COMMISSIONER NANCE: They're normally good partners,
I think the churches are. But what happens is, is when you have a
situation that we haven't considered and they consider it normal
business now because the churches and the sorts of activities have
changed, and then it makes a conflict because they said well, we never
conceived that you wouldn't realize that we were doing these things,
and we said well, wait a minute, you never told us you were going to
have a flea market every week or whatever.
So I just think it's timely that we take a look at it and update it.
You know, maybe a church that wants to have all these activities
should rightfully be located in commercial property.
COMMISSIONER TAYLOR: And maybe --
COMMISSIONER NANCE: Let them do what they want, you
know, if they become commercial entities.
COMMISSIONER TAYLOR: Maybe it will be determined on
size and parking also. I don't know what the thresholds would be but I
really think we need to address it. I don't have the answer.
MR. CASALANGUIDA: That's the notes I have is we look at
things such as size and hours of usage, days of usage that you want to
set a ceiling of these conditional uses to say they'll be conditional after
going through the process with the Board's land use amendment that
only up to this threshold. And that's what you're kind of trying to put a
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limit on these things.
COMMISSIONER HENNING: Well, you've got to be careful,
you cannot tell people when they can worship.
COMMISSIONER TAYLOR: That's right.
MR. CASALANGUIDA: Right.
COMMISSIONER NANCE: But you can prohibit specific uses.
COMMISSIONER HENNING: You can prohibit specific -- you
can identify within a church what is typical.
MR. CASALANGUIDA: Well, like you talked about, a
neighborhood church that only seats so many people versus a regional
church that is intended to do schooling or have 900 seats or something
like that. You can almost put a ceiling on that that would help drive
that land use.
CHAIRWOMAN FIALA: We even have churches in our area
where they're surrounded with halfway houses, and right across the
street from a school. And you've got some dangerous situations there,
where people will -- I don't want to get too graphic about it, but the
school has to have security come in ahead of time and clear things out.
So, you know, that can happen too. And if it can happen here, it
can happen other places. So, you know, I think it's a good thing to put
some limitations in place so that the neighborhood is safe. That's in a
residential neighborhood, by the way. And also that you put
limitations on what can be handled in a church.
MR. CASALANGUIDA: Ma'am, just so you know, you pointed
out you have three tasks for staff which are pretty big: Golf courses,
schools and churches. It's reminiscent of 2004 and '05 when we were
growing again.
CHAIRWOMAN FIALA: That's right, here we go again.
MR. CASALANGUIDA: Here we go again.
CHAIRWOMAN FIALA: But that's good. You guys did a good
job and all we're going to do is, you know, augment and do better.
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MR. CASALANGUIDA: For clarification, the schools were
County-wide, because you were looking at urban area schools. We're
going to look at them Countywide; is that right?
CHAIRWOMAN FIALA: And you forgot gas stations, mega
stations. That's the fourth one.
COMMISSIONER NANCE: He's already working on that one.
Many larger churches right now want to add parochial schools
and daycares and, you know, after school activities for kids, so --
COMMISSIONER TAYLOR: It's income. It's income.
COMMISSIONER NANCE: Well, they're just -- that's the style
today. That's what their parishioners are asking for and so they're
meeting that need.
COMMISSIONER TAYLOR: And this may seem like hearsay,
but just because the code says that when you have X amount feet of
building you can park X amount cars. I'm thinking when it's nestled
into residential, there should be a different level. I think it's more than
just a building, it's the use of the building and the number of people
that will use the building, and I think that's the concern.
CHAIRWOMAN FIALA: Okay, you've got your marching
orders, right?
MR. CASALANGUIDA: Yes, I do.
CHAIRWOMAN FIALA: So I think we've beat that horse. Is
that all you --
COMMISSIONER NANCE: And Mr. Ochs is going to fire him
now after he has all this work --
MR. CASALANGUIDA: He's just going to say get it done.
CHAIRWOMAN FIALA: You've mentioned everything?
COMMISSIONER TAYLOR: I did.
CHAIRWOMAN FIALA: You've mentioned everything?
Commissioner Henning has.
Mine are pretty simple. So lean back, it's just fun. I'm going to
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talk about Goodland. And the first thing is a good news item.
I just got a message last night right before leaving the office and
then again later in the evening. We supplied two AEDs in Goodland,
if you remember, they put them in strategic places? Last night one of
those AEDs and the residents saved somebody's life. And the guy was
flatlined and they brought him back. So I want to tell you, that was a
good news item. So that's the first good one.
COMMISSIONER TAYLOR: That's wonderful.
COMMISSIONER NANCE: It wasn't an alcohol related
incident, was it?
CHAIRWOMAN FIALA: No, sir, this is a real live incident.
And the second one is from the Goodland Arts Alliance and the
Goodland Village, just to reiterate what has gone on in the past, we had
some very, very old cottages down in Goodland, actually one was so
bad that it could not be restored, no matter how we wanted to do that, it
had to be destroyed. But there were a few other ones, I mean in really
bad shape, but they could be restored. So some of the Goodland Art
Alliance people said, you know what, we'll take a couple of those if
you want and we'll restore them to their -- and bring in all the historical
aspects that they used to have but we'll use them as a place that will
bring people in to view the arts and so forth.
Well, then they got some information that said they can only have
them for three years or the state might reclaim those properties in just
five years, even if the restorations were incomplete. And so they sent
me a note and I'll just read the last paragraph: We need your help in
assuring that the residents and donors -- because there will be a lot of
donors involved with getting these things back up into habitable shape
-- will not have embarked upon a project which is fatally flawed from
the onset.
And then they just asked to move this important historic
restoration endeavor forward: We must have a long lease or minimally
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a guarantee of an evergreen renewal. This will allow us to successfully
solicit the necessary funding from residents and their contributors.
The County is going to keep one of those and we're going to
restore it ourselves through the historical society -- or the museums,
I'm sorry. But they would like to do the other three. And so what
they're asking for, as I said, is either a long lease or an evergreen
renewal. And I was wondering if I could bring this back or can we just
approve it now?
MR. CASALANGUIDA: You have to bring it back, ma'am.
CHAIRWOMAN FIALA: Okay, may I bring this back for
discussion at our next meeting?
COMMISSIONER TAYLOR: Absolutely.
CHAIRWOMAN FIALA: I see one nod.
COMMISSIONER NANCE: Fine by me, ma'am, yep.
COMMISSIONER HENNING: Well, I caution you about an
evergreen lease. I don't think that's something you can do under
Florida law. But you have the -- I'm sure you'll work with the County
Attorney.
CHAIRWOMAN FIALA: We can discuss it then at the meeting
when we bring it back, maybe?
And Nick, when you bring it back, address Commissioner
Henning's concerns about evergreen lease. We want to do everything
to make sure --
COMMISSIONER HENNING: That's the County Attorney --
MR. KLATZKOW: Evergreen contracts are fine. That's another
commissioner's primary concern.
CHAIRWOMAN FIALA: Okay, what we'll do then, as long as
we know that, work something out that isn't a concern so that we can
move forward with this; is that okay? Good.
I think everybody in general is in agreement that we'd like to
preserve these places and have somebody use them rather than just sit
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January 26, 2016
there empty.
Okay, do bring that back, I've got four nods. Okay?
Anything else? County Manager?
MR. CASALANGUIDA: No, I'm Deputy, the County Manager's
away.
But I think there's a Goodland pancake breakfast this Saturday
coming up?
CHAIRWOMAN FIALA: Yes. And my Amish girlfriend is
going to be in town so I'm bringing her down. She's going to love it.
COMMISSIONER NANCE: Amish Goodland pancake? I'm
going to have to show up for that.
CHAIRWOMAN FIALA: Wait 'til she sees Goodland.
COMMISSIONER NANCE: We've got Swamp Buggy races this
weekend.
CHAIRWOMAN FIALA: Oh, my goodness, you're right.
And the County Attorney, anything?
MR. KLATZKOW: Nothing, ma'am.
CHAIRWOMAN FIALA: All right, fine. I thank you all for
being here today. I thank you for your participation. And with that,
our meeting is adjourned.
*****
**** Commissioner Nance moved, seconded by Commissioner
Henning and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
RECORDING THE FINAL PLAT OF FIDDLER'S CREEK
MARSH COVE - PHASE 2 REPLAT, (APPLICATION NUMBER
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January 26, 2016
PL20150002327) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY — DEVELOPER MUST RECEIVE A CERTIFICATE
OF ADEQUATE PUBLIC FACILITIES PRIOR TO ISSUANCE OF
THE CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A2
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $120,212.29 FOR A PAYMENT OF
$17,112.29, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. IRENE VILAR,
CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO.
CEAU20110011121 RELATING TO PROPERTY LOCATED AT
4185 43RD AVE NE, COLLIER COUNTY, FLORIDA — FOR A
FENCE ON THE PROPERTY THAT DID NOT HAVE PROPER
PERMITS BROUGHT INTO COMPLIANCE MARCH 16, 2015
Item #16A3
RELEASE OF TWO (2) CODE ENFORCEMENT LIENS WITH A
COMBINED ACCRUED VALUE OF $216,710.63 FOR
PAYMENT OF $2,500, IN THE CODE ENFORCEMENT
ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS
V. MULLER REAL EST. HOLDINGS LLC, CODE
ENFORCEMENT SPECIAL MAGISTRATE CASE NOS.
CENA20140009645 AND CESD20140009723, RELATING TO
PROPERTY LOCATED AT 1461 GOLDEN GATE BLVD. E.,
COLLIER COUNTY, FLORIDA — CENA20140009645 WAS FOR
VARIOUS VIOLATIONS AND BROUGHT INTO COMPLIANCE
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January 26, 2016
ON SEPTEMBER 2, 2015 AND CESD20140009723 WAS FOR
CONSTRUCTION OF A POOL AND SEVERAL SHED TYPE
STRUCTURES WITHOUT THE PROPER PERMITS AND
BROUGHT INTO COMPLIANCE ON DECEMBER 8, 2015
Item #16A4
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $43,901.36 FOR PAYMENT OF
$5,501.36, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. RANDALL A.
PATTERSON, CODE ENFORCEMENT SPECIAL MAGISTRATE
CASE NO. CEPM20140014264 RELATING TO PROPERTY
LOCATED AT 155 MENTOR DRIVE, COLLIER COUNTY,
FLORIDA — FOR VARIOUS VIOLATIONS BROUGHT INTO
COMPLIANCE FEBRUARY 20, 2015 FOR ORDER ITEMS B
AND C AND JULY 7, 2015 FOR ORDER ITEMS D AND E
Item #16A5
DONATION OF APPROXIMATELY 30,000 CUBIC YARDS
(CY'S) OF BEACH QUALITY SAND FROM THE HIDEAWAY
BEACH DISTRICT TO BE USED IN THE MARCO ISLAND
CENTRAL BEACH RE-GRADE PROJECT #90062 — CREATING
A POSITIVE GRADE TO DRAIN THE VERY WIDE, FLAT
BEACH
Item #16A6
AWARD CONTRACT #15-6526 TO OLYMPUS PAINTING
CONTRACTORS, INC. IN THE AMOUNT OF $130,040 TO
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January 26, 2016
RESTORE AND SECURE THE POSITIONING OF BEARING
PADS ON BRIDGE NUMBER 34134. PROJECT NO. 66066 —
LOCATED ON GOLDEN GATE PARKWAY OVER AIRPORT
ROAD
Item #16A7 — Continued to the February 9, 2016 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO AUTHORIZE ADVERTISING AN
ORDINANCE AMENDING THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY AT CHAPTER 130,
TRAFFIC AND VEHICLES, TO ADD A SECTION ALLOWING
FOR THE USE OF GOLF CARTS UPON DESIGNATED ROADS
IN THE TOWN OF AVE MARIA, FLORIDA
Item #16A8 — Moved to Item #11C (Per Agenda Change Sheet)
Item #16D1
A BUDGET AMENDMENT RECOGNIZING $63,805.43 IN
REVENUE RECEIVED UNDER THE HOME INVESTMENT
PARTNERSHIP PROGRAM — FUNDS GENERATED FROM
RECAPTURED AND PROGRAM INCOME FUNDS
Item #16D2
CHAIRMAN TO SIGN A RETAINED PROGRAM INCOME
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY AND THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS AND TO AUTHORIZE
A BUDGET AMENDMENT RECOGNIZING THE REVENUE
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January 26, 2016
RECEIVED UNDER THE COMMUNITY DEVELOPMENT
BLOCK GRANT IN THE AMOUNT OF $34,820.55 — REVENUE
FROM THE IMMOKALEE AIRPORT CDBG PROJECT
Item #16D3
ADOPTING A DONATED MATERIALS POLICY FOR THE
LIBRARIES, SPECIFYING AGE AND CONDITION OF
ACCEPTABLE ITEMS AND ACKNOWLEDGING THEIR
POSSIBLE DISPOSITIONS
Item #16D4
RESOLUTION 2016-17: AUTHORIZING THE COMMUNITY
AND HUMAN SERVICES DIVISION DIRECTOR TO SIGN
MEMORANDUMS OF UNDERSTANDING FOR THE RETIRED
AND SENIOR VOLUNTEER PROGRAM. THERE IS NO FISCAL
IMPACT ASSOCIATED WITH THIS ITEM — THE MOU MUST
BE REVIEWED AND RENEGOTIATED EVERY THREE YEARS
Item #16D5
THE ELECTRONIC SUBMITTAL OF AN APPLICATION FORM
FOR THE FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION FLORIDA'S STATE WILDLIFE GRANTS
PROGRAM TO FACILITATE THE USE OF CONTROLLED
BURNS AS A MANAGEMENT TOOL TO SUPPORT UPLAND
HABITATS WITHIN SPECIFIED CONSERVATION COLLIER
PRESERVES — WITHIN THE NANCY PAYTON, PEPPER
RANCH, RAILHEAD SCRUB, REDROOT AND RIVER ROAD
PRESERVES
Page 151
January 26, 2016
Item #16D6
THIRD AMENDMENT TO THE SUBRECIPIENT AGREEMENT
WITH YOUTH HAVEN, INC. TO COMBINE RELATED
BUDGET ACTIVITIES AND CLARIFY THE TERM
"EXPENDED" IN THE AGREEMENT. THIS ITEM HAS NO NEW
FISCAL IMPACT — SIMPLIFYING THE PAYMENT
REIMBURSEMENT PROCESS
Item #16D7
SELECTION COMMITTEE RANKINGS AND ENTER INTO
NEGOTIATIONS FOR A CONTRACT FOR REQUEST FOR
PROPOSAL NO. 15-6530, "PROFESSIONAL DESIGN SERVICES
FOR IMMOKALEE FITNESS CENTER REMODEL," PROJECT
NUMBER 33422 WITH DISNEY & ASSOCIATES, P.A —
EXPANSION OF THE IMMOKALEE SPORTS COMPLEX
FITNESS CENTER INVOLVES REDESIGNING THE EXISTING
FACILITY AND REHABILITATION OF THE EXISTING
ADJACENT STORAGE FACILITY
Item #16D8
A SUBSTANTIAL AMENDMENT TO THE FY2015-2016 U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL ACTION PLAN AUTHORIZING COMMUNITY AND
HUMAN SERVICES STAFF TO ADMINISTER A PREVIOUSLY
BOARD APPROVED RENTAL ASSISTANCE PROGRAM TO
PREVENT HOMELESSNESS USING EMERGENCY
SOLUTIONS GRANT FUNDS IN THE AMOUNT OF $72,226 —
DUE TO THE STRINGENT PROGRAM REQUIREMENTS AND
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January 26, 2016
DOLLAR FOR DOLLAR MATCH REQUIREMENTS, CHS
STAFF WILL CONTINUE TO ADMINISTER THE PROGRAM
Item #16D9
A SUBSTANTIAL AMENDMENT TO COLLIER COUNTY'S U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL ACTION PLANS FOR FY 2003-2008 AND THE
FOURTH AMENDMENT TO THE HOME INVESTMENT
PARTNERSHIP PROGRAM SUBRECIPIENT AGREEMENT
WITH COMMUNITY ASSISTED AND SUPPORTED LIVING,
INC. FOR THE MULTI-FAMILY PROPERTY ACQUISITION
PROJECT IN ORDER TO CLARIFY LANGUAGE AND
ACHIEVE CONSISTENCY THROUGHOUT THE AGREEMENT
— RELATING TO GRANT #M-03-UC-12-021 AND #M-11-M-13-
UC-12-0017
Item #16D10
A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN
THE RADIO ROAD BEAUTIFICATION MSTU AND THE
BOARD OF COUNTY COMMISSIONERS AS GOVERNING
BOARD AND REG8 BERKSHIRE COMMONS LLC —
REGARDING THE MEDIANS ALONG DEVONSHIRE BLVD
Item #16D11
TERMINATION OF THE AFFORDABLE HOUSING DENSITY
BONUS AGREEMENT FOR THE SADDLEBROOK VILLAGE
APARTMENTS LOCATED ON DAVIS BOULEVARD, BASED
ON THE FULFILLMENT OF OBLIGATIONS WITHIN THE
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January 26, 2016
AFFORDABLE HOUSING DENSITY BONUS AGREEMENT
FOR THIS PROJECT — THE CURRENT OWNER SATISFIED
ALL OBLIGATIONS ON MARCH 24, 2015
Item #16D12
RESOLUTION 2016-18: RECOGNIZING A FY2015/2016
FEDERAL TRANSIT ADMINISTRATION SECTION 5311
RURAL GRANT IN THE AMOUNT OF $366,460 TO PROVIDE
CONTINUED TRANSIT SERVICE TO THE RURAL AREA OF
COLLIER COUNTY; APPROVE A RESOLUTION
AUTHORIZING THE CHAIR TO SIGN THE AGREEMENT AND
ALL NECESSARY BUDGET AMENDMENTS; AND
AUTHORIZE THE PUBLIC SERVICES DEPARTMENT HEAD,
AS THE BOARD'S DESIGNEE, TO SIGN THE STANDARD
LOBBYING CERTIFICATION. TOTAL FISCAL IMPACT IS
$732,920 WITH A FEDERAL SHARE OF $366,460 AND LOCAL
MATCH OF $366,460
Item #16D13
A LONG TERM COMMUNITY MARKET AGREEMENT WITH
JOE RAKOW, MARKET MANAGER, PROVIDING A
COMMUNITY MARKET AT GOLDEN GATE COMMUNITY
CENTER WITH AN ESTIMATED REVENUE OF $11,024 — HELD
SATURDAYS STARTING FEBRUARY 6, 2016 THROUGH
JANUARY 28, 2017 FROM 9 AM TO 2 PM
Item #16E1
FIRST AMENDMENT TO GROUND LEASE AGREEMENT FOR
Page 154
January 26, 2016
COMMUNICATIONS TOWER WITH CROWN CASTLE
TOWERS, 06-02 LLC AND A MEMORANDUM OF GROUND
LEASE AGREEMENT FOR COMMUNICATIONS TOWER ON
BEHALF OF PARKS AND RECREATION/PUBLIC SERVICES —
LOCATED AT THE MAX HAS SE, JR. COMMUNITY PARK
Item #16E2
WAIVING COMPETITION FOR A SOLE SOURCE VENDOR
AND APPROVE THE CONTINUED AMENDMENT OF THE
LEASE AGREEMENT FOR A CONFINED SPACE GAS
MONITORING SYSTEM WITH INDUSTRIAL SCIENTIFIC —
THE ONLY VENDOR THAT OFFERS REDUNDANT
MONITORING CAPABILITY WITH A COST SAVINGS OF
$10,239.36 OVER THE CONTRACT LIFE COMPARED TO THE
CURRENT LEASE
Item #16E3
WAIVING COMPETITION FOR LEGAL AND NON-LEGAL
ADVERTISEMENTS AND BROADCASTING SERVICES FOR
COLLIER COUNTY COMMUNITY BASED PROGRAMS —
STAFF WAS ABLE TO NEGOTIATE REDUCED RATES WITH
NAPLES DAILY NEWS
Item #16E4
AFFIRMING THE AWARD FOR FACILITIES MANAGEMENT
DIVISION'S INVITATION TO BID #15-6395 ON-CALL
OVERHEAD DOORS AND AUTOMATIC GATES TO DREW
SELL, INC. D/B/A PRECISION DOOR SERVICE IN
Page 155
January 26, 2016
ACCORDANCE WITH THE FORMAL COMPETITIVE
THRESHOLD OF THE BOARD'S PROCUREMENT
ORDINANCE 2013-69, AS AMENDED
Item #16E5
A LEASE AGREEMENT WITH HORSESHOE DEVELOPMENT,
LC FOR SPACE TO BE UTILIZED BY THE GROWTH
MANAGEMENT DEPARTMENT — LOCATED AT 2685
HORSESHOE DRIVE SOUTH
Item #16E6
THE ADDITION OF THREE NEW CLASSIFICATIONS AND
ONE RECLASSIFICATION TO THE 2016 FISCAL YEAR
CLASSIFICATION PLAN MADE FROM OCTOBER 1, 2015
THROUGH DECEMBER 31, 2015
Item #16E7
SOVEREIGNTY SUBMERGED LANDS EASEMENT BETWEEN
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA AND COLLIER
COUNTY — FOR THE IMMOKALEE ROAD WATER MAIN
PROJECT ACROSS THE COCOHATCHEE RIVER
Item #16E8
AMENDING A CONTRACTUAL SERVICE AGREEMENT
BETWEEN COLLIER COUNTY AND THE GREATER NAPLES
FIRE RESCUE DISTRICT TO PROVIDE FIRE PROTECTION
Page 156
January 26, 2016
AND RESCUE SERVICES WITHIN THE COLLIER COUNTY
FIRE CONTROL DISTRICT AT A BUDGETED COST OF
$160,800 — THE AMENDMENT ACCOUNTS FOR THE RECENT
MERGER OF THE EAST NAPLES FIRE RESCUE AND GOLDEN
GATE FIRE RESCUE DISTRICTS AND PENDING
LEGISLATIVE EFFORTS TO ANNEX DISTRICT ONE
Item #16F1
RESOLUTION 2016-19: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2015-16 ADOPTED
BUDGET
Item #16I1
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
Page 157
MISCELLANEOUS CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
January 26, 2016
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) Heritage Bay Community Development District:
Meeting Agenda 12/03/2015
Meeting Minutes 12/03/2015
2) Naples Heritage Community Development District:
Meeting Agenda 11/10/2015
Meeting Minutes 11/10/2015
C. OTHER:
Added at the January 26,2016 Board of County Commissioner's Meeting during agenda approval
1) Letter from BCC Chairwoman Donna Fiala to Dwight E. Brock
Letter to Clerk of the Circuit Court Dwight E. Brock from Board of County
Commissioner's Chairwoman Donna Fiala dated January 13, 2016 regarding
the discussion of Agenda Items #13B and#13C during the Board of County
Commissioners Meeting held January 12, 2016
January 26, 2016
Item #16J1
A BUDGET AMENDMENT IN THE AMOUNT OF $250,000
FROM THE CLERK'S COURT AGENCY FUND 651 TO THE
SHERIFF FOR CRIMINAL JUSTICE TRAINING AND
EDUCATIONAL EXPENSES IN ACCORDANCE WITH
SECTION 938. 15, FLORIDA STATUTES
Item #16J2
INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER
ENDED DECEMBER 31, 2015
Item #16J3 — Correction to time period for referenced disbursements
(Per Agenda Change Sheet)
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 PERIOD BETWEEN DECEMBER 31, 2015 AND
JANUARY 6 13, 2016 PURSUANT TO FLORIDA STATUTE
136.06
Item #16K1
A JOINT MOTION FOR FINAL JUDGMENT FOR TOTAL
COMPENSATION IN THE AMOUNT OF $30,860 FOR PARCEL
174RDUE IN THE CASE STYLED COLLIER COUNTY V.
ROBERT E. WILLIAMS, TR., ET AL., CASE NO 14-CA-816,
TAKEN FOR THE SIX-LANING OF COLLIER BOULEVARD
Page 158
January 26, 2016
FROM GREEN BOULEVARD TO GOLDEN GATE
BOULEVARD, PROJECT NO. 68056. (FISCAL IMPACT:
$20,860) — LOCATED ON THE NORTH SIDE OF GREEN BLVD
Item #16K2
A SETTLEMENT AGREEMENT AND MUTUAL RELEASE IN
THE LAWSUIT STYLED MADELINE WILENS V. COLLIER
COUNTY (CASE NO. 14-CA-001574), NOW PENDING IN THE
CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN
AND FOR COLLIER COUNTY, FLORIDA — DUE TO A TRIP
AND FALL INCIDENT ON JUNE 26, 2013 ON A COUNTY
OWNED SIDEWALK NEAR VANDERBILT DRIVE AND
VANDERBILT BEACH ROAD
Item #17A
RESOLUTION 2016-20: PETITION VAC-PL20150002694, TO
VACATE THE ACCESS EASEMENT LOCATED AT THE
SOUTHWEST CORNER OF LOT 16, OF THE RESIDENCES AT
MERCATO, AS RECORDED IN PLAT BOOK 58, PAGE 6, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA
Page 159
January 26, 2016
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:28 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
a-24240 IC
DONNA FIALA, Chairman
ATTEST:
DWIGHT :B OCK, CLERK
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test as to Chair fi�
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These minutes app y the Board on a-la-3 k
as presented roved or as corrected
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
Page 160