Agenda 10/25/2016 Item #16F 5Proposed Agenda Changes
Board of County Commissioners Meeting
October 25, 2016
Move Item 16D4 to Item 11E: Recommendation to approve a standard Donation Agreement
that allows Global Properties of Naples, LLC, a Florida limited liability company to donate a 2.73
acre parcel along with a management endowment of $10,633.35, to the Conservation Collier Land
Acquisition Program under the offsite vegetation retention provision of the Land Development
Code LDC Sec 3.05.07H.1.f.iii. (b), at no cost to the County, and authorize the Chairman to sign
the Donation Agreement and staff to take all necessary actions to close. This is a follow-up item to
Ordinance 15-33, approved on June 9, 2015, Agenda Item 9.B. (Commissioner Nance’s request)
Move Item 16F5 to Item 11F: Recommendation to approve the
proposed Collier County State and Federal Legislative Priorities
for 2017 and adopt the attached resolutions. (Commissioner
Taylor’s request)
Deny Item 16J4 until such time as the Clerk certifies that the payables presented in this report have
been pre-audited as previously specified by the Board: To provide to the Board a "Payables
Report" for the period ending October 19, 2016 pursuant to the Board's request. (Staff’s request)
Move Item 16K8 to Item 12B: Recommendation to request for authorization to advertise for
future consideration an amendment to Ordinance No. 2010-29, the Collier County Public Parks
and Beach Access Parking Ordinance, to clarify its intent as it relates to park and beach users
who also wish to visit nearby shopping and restaurants as part of the overall recreational
opportunity for that beach or park. (Commissioner Taylor’s request)
Note:
Item 17B Orange Blossom PUD: The master plan attached to the proposed Ordinance shall be
amended to add an access point to the commercial property which was erroneously omitted on the
master plan. This access point is shown on the master plan approved by Ord. No.04-74. The
commercial property owner is not a participant in the PUD amendment. (Staff’s request)
Time Certain Items:
Item 11D to be heard at 10:00 a.m.
Item 8A to be heard at 10:30 a.m.
Item 9A to be heard at 1:30 p.m., immediately followed by Items 9B and 11C
8/30/2017 11:31 AM
16F.5
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve the proposed Collier County State and Federal Legislative Priorities
for 2017 and adopt the attached resolutions.
OBJECTIVE: To formalize and endorse Collier County's State and Federal Legislative Priorities for
2017.
CONSIDERATION: Each year prior to the start of the 60-day State legislative session, which in
2017 begins on March 7 and ends May 5, staff prepares a draft list of state legislative priorities for
consideration and subsequent endorsement by the Board of County Commissioners(Board).
The Board held its 2017 Legislative Workshop on October 4, 2016. The discussion included
consideration of the staff-proposed legislative priorities(State and Federal) for 2017, and
recommendations by the Board. The attached legislative memorandum and three resolutions
incorporate the recommendations made at the 2017 Legislative Workshop.
The Collier County Legislative Delegation is scheduled to conduct its public hearing for local bills
from 9 a.m. to 11 a.m. on November 17, 2016, at the North Collier Regional Park, 15000 Livingston
Road,Naples,FL 34109.
FISCAL IMPACT: This executive summary has no immediate fiscal impact.
GROWTH MANAGEMENT IMPACT: This executive summary has no immediate growth
management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney,raises no legal
issues,and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approves the proposed Collier
County State and Federal Legislative Priorities for 2017 and adopt the attached resolutions.
Prepared by: Brandon Reed,Legislative Affairs Coordinator
Tim Durham,Executive Manager Corporate Business Operations
ATTACHMENT(S)
1.Resolution-Amendment 1 (DOCX)
2.Resolution-IFAS & SFAC funding for SWFREC (DOCX)
3.Resolution-FSU-COM-Immokalee (DOCX)
4. Legislative Memo-Proposed State and Federal Legislative Priorities for 2017 (DOCX)
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16.F.5
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.5
Item Summary: Recommendation to approve the proposed Collier County State and Federal
Legislative Priorities for 2017 and adopt the attached resolutions.
Meeting Date: 10/25/2016
Prepared by:
Title: Manager-Technical Systems Operations—Administrative Services Department
Name: Michael Cox
10/12/2016 10:11 AM
Submitted by:
Title: County Manager—County Manager's Office
Name: Leo E. Ochs
10/12/2016 10:11 AM
Approved By:
Review:
Office of Management and Budget Michael Cox Level 3 OMB Gatekeeper Review Skipped 10/12/2016 10:12 AM
County Manager's Office Tim Durham Additional Reviewer Completed 10/12/2016 10:18 AM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 10/12/2016 10:28 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 10/14/2016 12:51 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
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16.F.5.a
RESOLUTION NO. 2016 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, URGING THE 2017 STATE
LEGISLATURE TO ALLOCATE FUNDING FOR COUNTY
CONSERVATION LAND ACQUISITION AND MANAGEMENT
PROGRAMS PURSUANT TO AMENDMENT 1.
WHEREAS, on November 4, 2014, 75 percent of Florida voters approved Florida
Constitutional Amendment 1, the Florida Water and Land Conservation Initiative, which
authorizes no less than 33 percent of net revenues collected from the existing excise tax on real
estate documents (the "documentary stamp tax") to be used to acquire, restore, and improve land
and water areas throughout Florida; and
WHEREAS, documentary stamp tax revenues have historically been used to provide
state funding for the purchase of environmentally significant Florida lands, including parks, o
waterfronts, and trails; and a.
WHEREAS, the acquisition, management, and restoration of conservation lands requires
a sustainable, dedicated source of funding; and
a)
WHEREAS, the Board of County Commissioners recognizes the value of conservation
land for processing stormwater runoff, recharging aquifers, and protecting species and habitats;
and
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WHEREAS, Collier County would like to partner with other counties in Florida that N
have conservation land programs and are interested in pursuing their fair share of Amendment 1
funding; and
NOW, THEREFORE, BE IT RESOLVED BY BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, urges the 2017 Florida State Legislature to allocate
funding for county conservation land acquisition and management programs pursuant to
Amendment 1.
THIS RESOLUTION ADOPTED after motion, second and majority vote on this the
25th day of October, 2016.
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ATTEST: BOARD OF COUNTY COMMISSIONERS c
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA E
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By: By:
, DEPUTY CLERK DONNA FIALA, CHAIRMAN
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
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RESOLUTION NO. 2016 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, SUPPORTING RECURRING FUNDING
FOR THE UNIVERSITY OF FLORIDA INSTITUTE OF FOOD AND
AGRICULTURAL SCIENCES SOUTHWEST FLORIDA RESEARCH
AND EDUCATION CENTER.
WHEREAS, the Southwest Florida Research and Education Center (SWFREC), part of
University of Florida Institute of Food and Agricultural Sciences (UF/IFAS), was established as
a UF support facility in 1958 and became a OF/IFAS research and education center in 1986 after a)
the agricultural industry in southwest Florida convinced the state that the region needed its own
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center to serve the region's unique agricultural and natural resource needs; and a.
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WHEREAS, the research, education, and extension activities at SWFREC has been, and
will continue to be, an economic engine for the region and the state; and ,
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WHEREAS, the SWFREC serves the entire State of Florida, focusing on Collier, Lee,
Charlotte, Hendry, and Glades counties, which produce almost 25% of Florida's citrus and N
nearly 80% of the tomatoes and other fresh vegetables sold during winter to U.S. markets; and co
WHEREAS, southwest Florida agricultural interests, including citrus, vegetables,
sugarcane, and ornamental growers, along with cattle ranches, collectively generate $1 billion ince
farm sales annually, and are the core of an agribusiness and natural resource economy in
southwest Florida that contributes more than $6 billion of total annual economic activity (1)
statewide; and
WHEREAS, the SWFREC is a valuable regional portal providing technology and
science regarding the management of water, environmental issues, and natural resources critical .z
and economic development to the region, state; and
WHEREAS, in recent years, the SWFREC has lost funding for staff, faculty, and
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research programs, limiting and endangering the ability of the SWFREC to promote and protect
the health and productivity of southwest Florida and statewide agricultural interests.
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NOW, THEREFORE, BE IT RESOLVED BY BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, join the South Florida Agricultural Council in
supporting the UF/IFAS Legislative Budget Request of$1 million to renovate and automate the ct
research and extension faiin(s) of the Southwest Florida Research and Education Center in
Immokalee, as well as funding for other OF/IFAS programs having a regional impact.
THIS RESOLUTION ADOPTED after motion, second and majority vote on this the
25th day of October, 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, DEPUTY CLERK DONNA FIALA, CHAIRMAN
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Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
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RESOLUTION NO. 2016 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, SUPPORTING RECURRING FUNDING
FOR THE FLORIDA STATE UNIVERSITY COLLEGE OF MEDICINE —
IMMOKALEE HEALTH EDUCATION SITE.
WHEREAS, the Florida State University (FSU) College of Medicine was created by the
Florida Legislature in June 2000, with the passage of House Bill 1121; and,
WHEREAS, the mission of the FSU College of Medicine is to educate and develop
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exemplary physicians who practice patient-centered healthcare, discover and advance
knowledge, and are responsive to community needs, especially through service to elder, rural,
minority, and underserved populations; and,
WHEREAS, in accordance with its mission statement, the FSU College of Medicine
maintains and operates a health education site in Immokalee, Florida; and, ,
WHEREAS, the research, education, and health services provided by the FSU College of
Medicine are critical to the continued well-being of rural at-risk communities, like Immokalee,
Florida; and o
WHEREAS, adequate funding is essential for the FSU College of Medicine to continue a,,
its core mission of providing patient-centered healthcare to underserved populations.
NOW, THEREFORE, BE IT RESOLVED BY BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that the state funding needs identified by the Florida
State University College of Medicine to support its health education site in Immokalee be o
provided by the Florida Legislature.
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THIS RESOLUTION ADOPTED after motion, second and majority vote on this the
25th day of October, 2016.
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ATTEST: BOARD OF COUNTY COMMISSIONERStx
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
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By: By: r
, DEPUTY CLERK DONNA FIALA, CHAIRMAN a
Approved as to foiin and legality:
Jeffrey A. Klatzkow
County Attorney
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Office of the County Manager
LEGISLATIVE MEMO
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DATE: October 11, 2016 a)
TO: Board of County Commissioners
Leo E. Ochs, Jr., County Manager
Nick Casalanguida, Deputy County Manager
FROM: Tim Durham, Executive Manager Corp. Business Operations •o
Brandon T. Reed, Government Affairs Coordinator 00
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SUBJECT: Proposed State and Federal Legislative Priorities for 2017
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This memo contains proposed state and federal priorities for the 2017 legislative cycle. Once reviewed and
approved by the Board of County Commissioners, the County's legislative priorities will guide all advocacy v
efforts in Tallahassee, FL, and Washington, DC, for the upcoming year.
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The following priorities were tentatively approved by the BCC at the October 4, 2016,workshop: a
Issues of Major Importance
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1. Title: EMS Station at Mile Marker 63
Need: To provide a reliable long-term revenue stream to cover operating costs for the Collier
County EMS Station at Mile Marker 63.
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(The current estimated annual operating cost is approximately $1.48 million.)
Action: Amend section 338.26, Fla. Stat., so that Collier County can receive an incremental share of u_
the toll revenue collected on Alligator Alley in order to operate the EMS Station at Mile vac
Marker 63. (It may be possible to partner with Broward County to increase the likelihood of a
statutory solution; Broward County has the same need.) tO
2. Title: Southwest Florida Promise Zone
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Need: To actively support the mission of the Southwest Florida Promise Zone (SFPZ),which is to Q.
improve economic opportunity through education; crime prevention, to include combating a
human trafficking; infrastructure improvements; and economic development.
Action: Work with County staff and stakeholders to promote suitable Promise Zone (PZ) projects E
that will benefit Immokalee and the region.
Facilitate coordination between County staff and our SFPZ partners. >
Provide administrative and research support to the Southwest Florida Regional Planning
Council, the lead agency for the SFPZ. Mobilize elected officials to support specific initiatives
from the SFPZ. m
3. Title: Rural Area of Opportunity (RAO)
Need: To leverage the recently renewed Rural Areas of Opportunity (RAO) designation for
Immokalee to secure State funding and access State programs. (On September 13, 2016, L
the BCC approved the required Memorandum of Agreement with the Department of
Economic Development renewing the RAO program.)
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Action: Coordinate with County staff to maximize the preferences afforded through the
Governor's RAO program.
Use State funds secured through the RAO program to bolster PZ initiatives.
4. Title: Collier County Restore Comprehensive Watershed Improvement Project
Need: To improve water quality throughout the entire watershed. This comprehensive and holistic
project will reduce the harmful freshwater flows to Naples Bay, rehydrate 10,000 acres of the o
Picayune Strand State Forest, and restore historic freshwater flows to Rookery Bay. a
Action: Support staff in securing the necessary approvals and permits from State agencies to a)
complete this transformational project. fa
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5. Title: Workers Compensation Insurance Reform •m
Need: To mitigate unfunded liabilities. The Florida Supreme Court recently invalidated the state's
temporary total disability provision, ruling in Bradley Westphal v. City of St. Petersburg et al. o
that limiting benefits to 104 weeks is unconstitutional and creates a system that "no longer N
functions as a reasonable alternative to tort litigation." Further, the same court ruled in co
Marvin Castellanos v. Next Door Co. et al. that the Florida's attorney fee schedule is <
unconstitutional, as it hinders an injured worker's ability to obtain legal representation. To i---
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cover the projected impact of Castellanos, the National Council on Compensation Insurance
Inc. subsequently proposed a 19.6% statewide average rate increase. In addition, NCCI has tl
estimated that both cases present a potential unfunded liability to insured and self insured N
employer/carriers of$1,000,000,000. Both rulings present a significant cost impact toa'
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employers. Q
Action: Amend Chapter 440, Fla. Stat., to address the cost implications of the Westphal and a
Castellanos decisions to include a revised statutory cap on temporary total disability benefits >
at a level commensurate with objective, actuarially sound case data and/or in accordance fa
with the severity of the injury. Further, we would request that the attorney fee statute be
amended to allow for a reasonable plaintiff attorney fee, subject to a statutory cap with
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discretion delegated to the Judge of Compensation for special circumstances. Ta
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6. Title: Bicycle and Pedestrian Safety 0
Need: To enhance bicycle and pedestrian safety in Southwest Florida. c
Action: Endorse legislative and policy efforts that improve bicycle and pedestrian safety. ca
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7. Title: Payment In Lieu of Taxes (PICT) Program in
Need: To continue receiving PILT funds. For more than 40 years, the federal PILT program has been o
used to compensate local governments for lost property tax revenues from federal lands. o
Collier County has 511,767 PILT entitled acres,which generated $1.33 million in FY 2016. a.
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Action:
Action: Mobilize our delegation to encourage Congress to fully fund the PILT program. a
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Funding Requests (State Appropriations) E
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1. Title: Goodland Dr. Rehabilitation a>
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Need: To elevate Goodland Dr. (CR 92A) so that the only vehicular access to Goodland remains T
open during and after rain events.
Action: Request$2.0 million in State funds for preliminary engineering and design work. E
Fund: Fixed Capital Outlay - Economic Development Transportation Projects - Road Fund
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2. Title: Replacement or Rehabilitation of Eleven (11) Bridges in Eastern Collier County E
Need: To replace or rehabilitate eleven (11) bridges in eastern Collier County that are well past their o
life expectancy.These bridges are critically important to the local economy (agribusiness) Q
and for providing access for emergency services vehicles.
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Action: Request for $500,000 is for construction. (State funds (RAO) will be used to leverage a
request for federal funding through the Southwest Florida Promise Zone.)
Fund: Fixed Capital Outlay - Economic Development Transportation Projects - Road Fund
3. Title: Golden Gate City Outfall System Replacement Program (Phase I)
Need: To improve the collection, treatment and conveyance of stormwater runoff in Golden Gate 71)
City;the stormwater system in Golden Gate City is 50-years old and in desperate need of •
rehabilitation. o
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Action: Request $950,000 for Phase I construction. (There is a commitment of$950,000 in local a.
a)matching funds.)
Fund: Grants and Aids to Local Governments and Nonstate Entities - Fixed Capital Outlay Grants 7)
and Aids -Water Projects
a)
4. Title: Bayshore Gateway Triangle CRA Waterline Upgrades and Fire Suppression Improvements r
Need: To upgrade the waterlines in the Bayshore Gateway Triangle CRA, some of which are over 40 N
years old and undersized; and to improve fire suppression capabilities by increasing water
flow and adding needed fire hydrants. N
Action: Request $750,000 for Phase II of this project. (Phase I was jointly funded by the City of ti
Naples, $201,000, and the County through CBDG funds, $330,000. For Phase II, the County
will match any State appropriation with CDBG funds and other sources.) `V
5.Fund: Grants and Aids to Local Governments and Nonstate Entities - Fixed Capital Outlay Grants
and Aids -Water Projects
5. Title: Pedestrian Bridge Connecting Gordon River Greenway Park with Freedom Park
Need: To connect Gordon River Greenway Park with Freedom Park to multiply the recreational w
benefit of both parks. >—
Action: Request $500,000 for design work.
Fund: Fixed Capital Outlay - Economic Development Transportation Projects - Road Fund a
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Issues to Monitor
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1. Title: Inland Oil Drilling &High-Pressure Well Stimulation (Fracking) u
Need: To monitor legislation that could impact Collier County. It is unclear at this point if a bill on
this topic will be reintroduced in 2017. It is also unclear what such a bill would look like. The
activity remains essentially unregulated and permissible. A statewide ban is one possibility.
Another possibility would be a moratorium until an independent peer-reviewed study isre-
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sented to the Legislature for consideration at some future date.
Action: Monitor and report on proposed bills pertaining to inland oil drilling and high-pressure well
stimulation (fracking).
2. Title: Transportation Network Companies (TNC) o
Need: To monitor legislation that could impact Collier County. Last session comprehensive °'
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legislation establishing minimum safety standards for TNC passed the Florida House 108-10, a�
and a similar Senate bill made it through the committee process but died on calendar. It is '
as
anticipated that TNC legislation will be reintroduced in 2017. (The availability of safe and
cost-effective transportation options are important to our visitors.) a)
Action: Monitor and report on proposed bills pertaining to TNCs. 4.;
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3. Title: Amendment No. 2, Medical Marijuana E:
Amendment 2, an initiative to legalize medical marijuana for certain debilitating diseases or L)
conditions, is on the November 8, 2016, ballot.
Voters will be selecting one of these options:
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A "yes" vote supports legalizing medical marijuana for individuals with specific debilitating diseases
or comparable debilitating conditions as determined by a licensed state physician.
A "no" vote opposes this proposal for legalization of medical marijuana, keeping the state's current
more limited medical marijuana program in place.
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Amendment 2 requires the Department of Health to regulate marijuana production and distribution
centers and issue identification cards for patients and caregivers.
a.
The full fiscal impact to counties is unclear at this time.
Financial Impact Statement: J
Increased costs from this amendment to state and local governments cannot be determined. There s,.
will be additional regulatory costs and enforcement activities associated with the production, sale,
use and possession of medical marijuana. Fees may offset some of the regulatory costs. Sales tax will
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likely apply to most purchases, resulting in a substantial increase in state and local government
revenues that cannot be determined precisely. The impact on property tax revenues cannot be
determined. Source:Financial Impact Estimating Conference r-
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Issues to Support
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1. Title: UF/IFAS- State Funding Requests
Need: To promote agricultural research, innovation and education in Southwest Florida.
Action: Support adequate State funding for UF/IFAS programs in Southwest Florida through a
legislative engagement.
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2. Title: FSU College of Medicine Immokalee Health Education Site - State Funding Requests u>
Need: To promote healthy living and lifestyles in the underserved community of Immokalee. Es.
Action: Support adequate State funding for the FSU College of Medicine Immokalee Health
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Education Site through legislative engagement. n>
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3. Title: Florida Culinary Accelerator-State Funding Requests
Need: To promote and encourage durable economic activity in Collier County.
Action: Support additional State funding for the Florida Culinary Accelerator in Immokalee through
legislative engagement.
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4. Title: Human Trafficking
Need: To provide effective and safe services to victims of domestic violence and human trafficking
in Collier County.
Action: Continue to foster and support the ongoing partnership between the Collier County Sheriff's
Office, the Shelter for Woman and Abused Children and the Board of Collier County
Commissioners, which was formalized on October 11, 2016, by the Board of County 2
Commissioners.
5. Title: Amendment 1 FundsTrim_
Need: To secure adequate funding for the long-term management of Conservation Collier lands.
Action: Support efforts to direct Amendment 1 funds to County conservation programs.
Vision: To achieve the legislative priorities and goals of the Board of County Commissioners.
Mission: To effectively engage elected officials, agency heads, and local government partners to achieve the
legislative priorities and goals of the Board of County Commissioners, to include beneficial regulatory or
statutory changes,timely approvals on County projects and funding opportunities.
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