BCC Minutes 10/11/2016 R BCC
REGULAR
MEETING
MINUTES
OCTOBER 11 , 2016
October 11, 2016
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, October 11, 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 Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Director of Finance and Accounting
Troy Miller, Communications & Customer Relations
COLLIER COUNTY
Board of County Commissioners Community
Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
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Board of County Commission Chambers 1
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
October 11, 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 Representative
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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October 11,2016
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. Invocation by Pastor Irvin Stallworth of Unity Faith Missionary Baptist
Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. September 13, 2016 BCC/Regular Meeting Minutes
C. September 22, 2016 BCC/Budget Hearing
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D. September 27, 2016 - BCC/Regular Meeting Minutes
3. SERVICE AWARDS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
4. PROCLAMATIONS
A. Proclamation recognizing National Hispanic Heritage Month and Collier
County resident, Victor A. Valdes for his service and contributions to our
community. To be accepted by Victor A. Valdes.
B. Proclamation designating October 2016 as Domestic Violence Awareness
Month in Collier County. To be accepted by Linda Oberhaus, Executive
Director of the Shelter for Abused Women & Children; Sheriff Kevin
Rambosk and State Attorney Stephen B. Russell.
C. Proclamation designating Saturday, November 5, 2016, as Legal Aid Service
"Wills for Heroes" Day in Collier County in recognition of their dedication
to providing pro bono legal services to our community's Veterans and Public
Safety personnel. To be accepted by Jeff Ahren, Director of Development
and Pro Bono for Legal Aid Service Of Collier County.
5. PRESENTATIONS
A. Recommendation to recognize Josh Gravlin, Environmental Specialist,
Growth Management Department as the Employee of the Month for
September 2016.
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
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Item #8 and#9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item continued from the September 13, 2016 BCC Meeting. This
item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance No. 95-74, the Naples Heritage Golf and Country Club
Planned Unit Development, and amending Ordinance No. 2004-41, the
Collier County Land Development Code, by amending the appropriate
zoning atlas map or maps by changing the zoning classification of an
additional 5.21± acres of land zoned Rural Agricultural (A) to Naples
Heritage Golf and Country Club PUD; by revising the property description;
by adding a recreation area to Tract A; by revising development standards;
by amending the Master Plan; by adding a tennis center conceptual site plan
and a landscape buffer exhibit; and providing an effective date. The subject
property, consisting of 563± acres, is located south of Davis Boulevard and
west of Collier Boulevard in Sections 3, 4, 9 and 10, Township 50 South,
Range 26 East, Collier County, Florida. (The approval of this item is
contingent upon approval of Agenda Items #9B and #9C).
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B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearin2 be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20160001403 to disclaim, renounce and vacate the County and the public
interest in Tract RW4, an approximately 100- foot wide, 1,300-foot long
tract dedicated to the County for future right-of-way according to Naples
Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the
Public Records of Collier County, Florida. The subject property is located
approximately 1/2 mile east of Santa Barbara Blvd., and 1-mile south of
Davis Blvd, in Section 9, Township 50 South, Range 26 East, Collier
County, Florida. (This is a companion to Agenda Items #9A and #9C).
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearin2 be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20160001406 to disclaim, renounce and vacate a portion of Tract C5
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Conservation Area, and a portion of the 10-foot Collier County Conservation
Buffer Easement within Tract C5, as shown on Naples Heritage Golf and
Country Club Phase One, Plat Book 26, page 73 of the Public Records of
Collier County, Florida. The subject property is located approximately 1/2
mile east of Santa Barbara Blvd, and 1-mile south of Davis Blvd, in Section
9, Township 50 South, Range 26 East, Collier County, Florida. (This is a
companion to Agenda Items #9A and #9B).
10. BOARD OF COUNTY COMMISSIONERS
A. Reconsideration of Item #10A from the September 27, 2016 BCC
Meeting titled: Direct County Attorney to use any necessary legal recourse
to enforce the Board of County Commissioner's 2003 agreement with the
South Florida Water Management District mandating all roads in the
Picayune Strand State Forest are to remain open for free public access to the
preserve and to authorize the Board Chairman to submit a letter for
explanation to the Governor on the SFWM District's refusal to maintain the
Picayune roadways. (Commissioner Taylor)
B. Recommendation to approve a Memorandum of Understanding between the
Collier County Sheriff's Office, the Shelter for Abused Women and
Children and the Collier County Board of County Commissioners
formalizing a partnership established to combat human trafficking and help
ensure the well-being of human trafficking victims. (Commissioner Hiller)
C. Recommendation to direct staff to (1) evaluate whether the Code of Laws
and Ordinances Sec. 130-79 should allow public parks and beach access
parking to support a broader range of land uses; (2) to evaluate the need for
an amendment to Land Development Code Section 4.05.04 F.2 to support
shared parking for complementary businesses, particularly near the beach;
and (3) to provide a stay on any code enforcement action for Administrative
Parking Reductions applications until the aforementioned issues are
examined by staff and presented to the Board. (Commissioner Hiller)
11. COUNTY MANAGER'S REPORT
A. Recommendation to consider the counter-offer and purchase of the office
building owned by Courthouse Shadows Consolidated Holding Inc., located
at 3375 Tamiami Trail East. (Len Price, Administrative Services
Administrator)
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B. Recommendation to award Invitation to Bid #16-7009 —2016 Beach
Renourishment—Hauling and Placement Contract to Earth Tech Enterprises,
Inc., in the amount of$2,494,334 to transport, place, and grade
approximately 19,842 tons of beach quality sand to the South Marco Island
Beach and 116,000 tons of beach quality sand to the Vanderbilt, Park Shore,
Pelican Bay and the Sugden Lake beaches, authorize necessary budget
amendments, authorize the Chairman to execute the Agreement, and make a
finding that this item promotes tourism. (Gary J. McAlpin, GMD Manager
Coastal Zone)
C. Recommendation to accept an update on sea level rise planning activities
and provide Direction on future actions. (Amy Patterson, GMD Capital
Projects and Planning Division Director)
D. Recommendation to ratify the County Manager's Administrative Extension
of the Inspection and Due Diligence requirement contained in the Real
Estate Purchase Agreement by and between Collier County Community
Redevelopment Agency and Real Estate Partners International, LLC, until
October 28, 2016 (Leo E. Ochs, Jr., County Manager)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICER
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule
16. CONSENT AGENDA - All matters listed under this item are considered to be
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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
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be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve an extension for completion of
subdivision improvements associated with Ave Maria Unit 13,
Middlebrooke Townhomes (AR10581), pursuant to Section 10.02.05
C.2 of the Collier County Land Development Code (LDC).
2) Recommendation to approve an extension for completion of required
subdivision improvements associated with Ave Maria Unit 5,
Bellerawalk Phase 1-A (AR-9033) subdivision pursuant to Section
10.02.05 C.2 of the Collier County Land Development Code (LDC).
3) Recommendation to approve an extension for completion of
subdivision improvements associated with the Valencia Golf and
Country Club—Phase 2A (AR-8975) subdivision pursuant to Section
10.02.05 C.2 of the Collier County Land Development Code (LDC).
4) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve Commercial Excavation Permit (Commercial Excavation
Permit Application PL20160000760) Immokalee Sand Mine. The
Applicant, Cemex Construction Materials Florida, LLC, requests a
commercial excavation permit to remove 70 million cubic yards and
haul it offsite for a period of up to 35 years on an 890 acre site
located on the north side of State Road 82, approximately 1.5 miles
west of State Road 29 in Immokalee, in Sections 6 and 7, Township
46 South, Range 29 East, in Collier County, Florida.
5) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Traditions, The Villas at
Grey Oaks Application Number PL20120001515, with the roadway
and drainage improvements being privately maintained, acceptance of
the plat dedications and authorizing the release of the maintenance
security.
6) Recommendation to accept a Warranty Deed from Centex Homes for
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the Madison Park Boulevard public road right-of-way.
7) Recommendation to approve a Resolution authorizing the execution
of an amendment to the annual Traffic Signal Maintenance and
Compensation Agreement for the maintenance of Florida Department
of Transportation (FDOT) owned traffic signal devices to be
maintained by the Collier County Traffic Operations (CCTO) Section
of the Transportation Engineering Division.
8) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Creekside
Commerce Park East, PL20140001606, and to authorize the County
Manager, or his designee, to release the Final Obligation Bond in the
total amount of$4,000 to the Project Engineer or the Developer's
designated agent.
9) Recommendation to approve the release of a code enforcement lien
with a combined accrued value of$287,613.21 for payment of
$1,013.21 in the code enforcement action entitled Board of County
Commissioners v. Albert Houston, Sr., Code Enforcement Board Case
No. 2006070938, relating to property located at 204 4th Street, Collier
County, Florida.
10) Recommendation to award Invitation to Bid (ITB) #16-6643
"Nuisance Abatement Services," to two vendors: Neal's Lawn and
Landscape Maintenance and Eco-Mulching Services, Inc., and
authorize the Chairman to sign the attached agreements after County
Attorney review.
11) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
284RDUE) required for the expansion of Golden Gate Boulevard
from 20th Street East to east of Everglades Boulevard. Project No.
60145 (Estimated Fiscal Impact: $10,100.)
12) Recommendation to approve an easement agreement for the purchase
of a road right-of-way, drainage, and utility easement (Parcel
353RDUE) and a temporary driveway restoration easement (Parcel
353TDRE) required for the expansion of Golden Gate Boulevard from
20th Street East to east of Everglades Boulevard. (Project No. 60145).
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Estimated Fiscal Impact: $9,975.
13) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
346RDUE) required for the expansion of Golden Gate Boulevard
from 20th Street East to east of Everglades Boulevard. Project No.
60145 (Estimated Fiscal Impact: $5,100.)
14) Recommendation to award, ITB #16-6661, Signal Priority Preemption
Expansion Project, to Traffic Control Devices, Inc., in the amount of
$735,275.
15) Recommendation to approve declaring and acknowledging that the
Green Heron Development of Regional Impact is essentially built-out
in accordance with the provisions of Section 380.06(15)(g) 3, Florida
Statutes; providing findings of fact, conclusions of law, and effective
dates. The subject property is located north of Radio Road,
approximately 1/2 mile west of the intersection of Radio Road and
Davis Boulevard in Section 33, Township 49 South, Range 26 East,
Collier County, Florida [Petition No. PL20160001469].
16) Recommendation to award Invitation to Bid #16-6595 Mitigation
Credits to multiple Contractors on a primary and secondary basis.
17) Recommendation to approve and authorize the Chairman to execute
Change Order No. 1 to CB&I Environmental & Infrastructure, Inc.
(CB&I) to provide pre-placement survey, post-placement survey,
quality control and quality assurance professional engineering
services under Contract No. 16-6629 - 2016 Beach Renourishment for
time and material not to exceed $86,153.50, and make a finding that
this item promotes tourism.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to approve an agreement between Collier County
and the U.S. Department of Housing and Urban Development to
accept Community Development Block grant funds in the amount of
$475,000 for the Immokalee Sidewalk Improvement Project,
authorize the Chairman of the Board to sign the grant agreement and
authorize necessary budget amendments.
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2) Recommendation to approve an agreement between Collier County
and the Bayshore Gateway Triangle Community Redevelopment
Agency to accept U.S. Department of Housing and Urban
Development Community Development Block Grant funds in the
amount of$330,000 for the Bayshore Gateway Triangle Community
Redevelopment Agency Fire Suppression Infrastructure Project,
authorize the Chairman of the Board to sign the grant agreement,
execute all necessary forms and authorize the necessary budget
amendment.
3) Recommendation to approve an agreement between Collier County
and the Bayshore Gateway Triangle Community Redevelopment
Agency to accept U.S. Department of Housing and Urban
Development Community Development Block Grant funds in the
amount of$350,000 for the Karen Drive Stormwater Improvement
Project, authorize the Chairman of the Board to sign the grant
agreement, execute all necessary forms and authorize the necessary
budget amendment.
4) Recommendation to approve Change Order #4 to extend Contract
#13-6012 with RWA Consultants, Inc., for an additional 552 days;
increase the contract amount by $70,650.00; and authorize the
Chairman to execute the Change Order to permit the completion of
the Thomasson Drive/Hamilton Harbor Streetscape Design Project in
order to promote safer vehicular and pedestrian traffic movement.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve the annual rate resolution to establish the
fees, rates, and charges for the use of Collier County Solid Waste
Facilities, including landfill tipping fees, recycling drop-off center
fees, and residential multi-family and commercial waste collection
fees for Fiscal Year 2017 that funds the Fiscal Year 2017 budget for
solid waste collection and disposal.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to accept year two of the Retired Senior Volunteer
Program grant and approve a budget amendment for the operation of
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the Retired and Senior Volunteer Program from the Corporation for
National and Community Services. (Net fiscal impact $5,000)
2) Recommendation to approve and authorize the Chairman to sign one
satisfaction of mortgage for an owner-occupied affordable housing
unit that has satisfied the terms of assistance for Collier County
CDBG Community Development Block Grant Program.
3) Recommendation to recognize and approve a donation of$34,127.39
for the continuation of the Library Electronic Assistance Program
through annual recurring funding by the Friends of the Library, Inc.
and approve the necessary budget amendment.
4) Recommendation to authorize the Chairman to execute five Landlord
Payment Agreements, allowing the County to administer the Rapid
Re-Housing and Homelessness Prevention Program through the
Recommendation to approve and authorize the Chairman to execute
four Landlord Payment Agreements, allowing the County to
administer the Rapid Re-Housing and Homelessness Prevention
Program through the Emergency Solutions Grant Program.
5) Recommendation to approve eight mortgage satisfactions for the State
Housing Initiatives Partnership loan program in the combined amount
of$71,075.
6) Recommendation to approve thirteen sub-recipient agreements for
projects previously approved in the FY 2016-17 Action Plan for the
Community Development Block Grant, HOME, and Emergency
Solutions Grant Programs.
7) Recommendation to approve the Sixth Amendment to the
Subrecipient Agreement with Big Cypress Housing Corporation and
Collier County to extend project completion date to January 31, 2017
and modify project delivery schedule for the project known as
Hatchers Preserve.
8) Recommendation to authorize the necessary budget amendments, in
the amount of$3,081,352 for the U.S. Department of Housing and
Urban Development (HUD) Fiscal Year 2016-2017 budget as
approved in the HUD Action Plan for entitlement funds.
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9) Recommendation to approve the rebranding of the Collier Area
Transit (CAT) logo to be used on all printed and digital media
materials in order to ensure the success of Collier Area Transit's
brand identity.
10) Recommendation to award Invitation to Bid (ITB) No. 16-7012 —
NCRP Resurface Flumes of the Tower Water Slide to Dale Cooper,
LLC d/b/a Safe Slide Restoration in the amount of$162,200, and
authorize the Chair to execute the contract.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to award Request for Proposal (RFP) #16-6614,
"Workers' Compensation Medical Case Management Services" to
Naples Physician Hospital Organization d/b/a Community Health
Partners.
2) Recommendation to approve and authorize the Chairman to sign an
Agreement between the Board of County Commissioners (BCC) and
the International City Management Association Retirement
Corporation (ICMA-RC) for the latter to continue to provide 457
deferred compensation services to employees.
3) Recommendation to extend Contract #12-5812 Fire Alarm, Sprinkler,
Suppression, and Extinguisher Testing; Inspection; Repair;
Certification; Maintenance; and Installation with Cintas Corporation
No. 2 d/b/a Cintas Fire Protection for three months or until a new
contract is awarded, whichever is sooner, while public request for
proposals are solicited.
4) Recommendation to extend Contract #11-5790R Safety, Security, and
Access Infrastructure Programs and Equipment with Commercial
Electrical Systems, Co. for three months or until a new contract is
awarded, whichever is soonest, while public request for proposals are
solicited.
5) 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
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renew the annual Certificate of Public Convenience and Necessity
(COPCN) for Ambitrans Medical Transport, Inc. to provide Class 2
Advanced Life Support (ALS) inter-facility transport ambulance
service for a period of one year.
6) 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
renew the annual Certificate of Public Convenience and Necessity
(COPCN) for Just Like Family Concierge Medical Transport
Services, LLC., DBA Concierge Medical Transport (CMT) to provide
Class 2 Advanced Life Support (ALS) inter-facility transport
ambulance service for a period of one year.
7) Recommendation to approve a Right-of-Way Consent Agreement and
associated Memorandum of Right-of-Way Consent Agreement with
Florida Power & Light Company, providing for construction of a
portion of the fourth phase of the Livingston Road Force Main on
property located on the northwest corner of Livingston Road and Pine
Ridge Road within Florida Power & Light Company's power-line
right- of-way.
8) Recommendation to approve the conveyance of an Easement to
Florida Power & Light Co., to provide a 3 ph transformer and provide
additional power systems to existing 1 ph transformer at EMS 10 at
the site of the future Collier County Sheriff Orangetree Substation.
9) Recommendation to adopt a Resolution Authorizing the Chairman to
Execute Standard Grant of Utility Easement(s) to Comcast, its
Subsidiaries, or its Affiliates on County-Owned Property.
10) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders, surplus property
and other items as identified.
11) Recommendation to authorize payment of outstanding invoices under
quantum meruit for Contract #14-6280 Fencing Installation and
Repair for projects to Carter Fence Company and BUE, Inc. d/b/a/
Gatekeepers/Gateswork.
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12) Recommendation to award Request for Proposal (RFP) #16-6646,
"Onsite Health Advocacy Coaching Services" to Naples Physician
Hospital Organization d/b/a Community Health Partners.
13) Recommendation to approve a Florida Emergency Medical Services
County Grant Application, Request for Grant Fund Distribution Form,
and Resolution for the funding of Training and Medical/Rescue
Equipment in the amount of$72,971 and to approve the associated
Budget Amendment.
14) Recommendation to authorize routine and customary budget
amendments appropriating carry forward budget for approved open
purchase orders into Fiscal Year 2017 for operating divisions to
complete work.
15) Recommendation to award RFP #16-6621 Learning Management
Systems to Cornerstone OnDemand, Inc., for the acquisition of web-
based Learning Management software for employee training programs
in the amount of$135,500.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve an impact fee reimbursement for Vista
Pointe Developers, Inc., in the amount of$537,854.33 due to an
overpayment of impact fees for building permits located in Vista
Pointe at the Vineyards.
2) Recommend approval of Tourist Development Tax Category "B"
funding to support an upcoming FY 17 Sports Event up to $4,000 and
make a finding that this expenditure promotes tourism.
3) Recommendation to approve the Fiscal Year 2016-17 Strategic
Marketing Plan for the Naples, Marco Island, Everglades Convention
& Visitors Bureau (CVB) and make a finding that this item promotes
tourism
4) Recommendation to approve Amendment #2 to Contract #15-6439
Hosting Agreement between Collier County and Spirit Promotions the
organizing group for the U.S. Open Pickleball Championship to
extend the hosting agreement for an additional three years to 2021 and
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make a finding that this item promotes tourism
5) FY 17 TDC Grant Agreement - US Open Pickleball
6) Amendment to US Open Pickleball Operating Expense Agreement
7) Recommendation to authorize the County Attorney to advertise for
future consideration an Ordinance amending Chapter 74 of the Collier
County Code of Laws and Ordinances, which is the Collier County
Consolidated Impact Fee Ordinance, to provide for an amendment to
Section 74-401 to allow impact fee deferrals for all owner-occupied
dwelling units to include automatic subordination to the owner's first
mortgage.
8) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2016-17 Adopted Budget.
G. AIRPORT AUTHORITY
1) Recommendation to award Bid No. 16-6653 "Install Aviation Fuel
Storage Tank System" at the Marco Island Executive Airport and
Everglades Airpark, and approve the attached standard construction
contract in the amount of$298,198.50 to American Environmental
Aviation, Inc.
2) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of Joint Participation
Agreement Contract No. GOE60 with the Florida Department of
Transportation to fund the design of the rehabilitation of Taxiway B at
the Immokalee Regional Airport (Fiscal Impact $3,775 FDOT and
$3,775 County).
3) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of Joint Participation
Agreement Contract No. G0E63 with the Florida Department of
Transportation to fund an update of the Airport Layout Plan for the
Immokalee Regional Airport (Fiscal Impact $8,225 FDOT and $8,673
County).
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H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to establish procedures for the annual "Against All
Odds" award program.
MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence
J. OTHER CONSTITUTIONAL OFFICERS
1) SOE Matching Funds Recommendation to approve an agreement
authorizing the Collier County Supervisor of Elections to accept a
federal election activities funds with a 15% matching contribution and
to authorize the Board of Collier County Commissioner's Chair to
sign the Certificate Regarding Matching Funds and Certificate of
Equipment for Casting and Counting Ballots.
2) Recommendation to extend the 2016 Tax Roll at the request of Tax
Collector Larry Ray.
3) To provide the special interim reports for approval as detailed in
Section 2c of the agreed-upon order dated July 16, 2015 by Judge
James R. Shenko in the manner requested by the Board of County
Commissioners (previously included in item 16.I) and that prior to
payment, the Board approves these expenditures with a finding that
said expenditures serve a valid public purpose and authorizes the
Clerk to make disbursement.
4) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between September 15 to September 28, 2016 pursuant to
Florida Statute 136.06.
5) To provide to the Board a "Payables Report" for the period ending
October 5, 2016 pursuant to the Board's request.
K. COUNTY ATTORNEY
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1) Settlement Agreement and Mutual Release, Gina Balducci v. Collier
County (Case No. 15-CA-1904).
2) Recommendation to appoint a member to the Animal Services
Advisory Board.
3) Recommendation to appoint a member to the Collier County Citizen
Corps.
4) Recommendation to reappoint a member to the Immokalee
Beautification MSTU Advisory Committee.
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2016-17 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 17
October 11, 2016
October 11, 2016
Page 2
MR. OCHS: Ladies and gentlemen, please take your seats.
Madam Chair, you have a live mic.
CHAIRMAN FIALA: Thank you. Okay. Thank you now that
everybody's seated -- I'm going to wait till they're seated so I can ask
them to stand with us, please.
And the Reverend Irwin -- Irvin Stallworth, Unity Faith
Missionary Baptist Church, will lead us in prayer.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE – PASTOR
IRVIN STALLWORTH – UNITY FAITH MISSIONARY BAPTIST
CHURCH – INVOCATION GIVEN
REVEREND STALLWORTH: Let us pray. Lord, we bow
before you once again coming to this great assembly called the County
Commission's meeting.
Lord, this is a day that you have made, and we rejoice and be glad
in it. God, we ask you to bless this meeting and bless the
Commissioners and all who are going to be making decisions with
wisdom and direction.
We ask you, oh, Lord, that you smile upon us. And we thank you
for our military who stand guard. We thank you for our law
enforcement officers who protect us. Lord, we thank you for our first
responders who come to meet our needs in a time of need.
And so we thank you for everyone, Lord, who come before you
right now to conduct your business, that we can serve you better and
love you more on this side of glory.
God bless this assembly, and we'll be eternally grateful to give
you the praise, the honor, the glory in, Jesus' name. Amen.
CHAIRMAN FIALA: Amen.
October 11, 2016
Page 3
And, Commissioner Taylor, will you lead us in the pledge, please.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: And, County Manager, I'm going to turn
this meeting over to you for a moment here.
MR. OCHS: Thank you, ma'am. Good morning,
Commissioners.
COMMISSIONER TAYLOR: Good morning.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA.) – APPROVED AND/OR ADOPTED W/CHANGES
(ITEM #9A IS REMANDED TO THE CCPC AND ITEM #9B &
ITEM #9C ARE CONTINUED TO A FUTURE BCC MEETING)
MR. OCHS: These are the proposed agenda changes for the
Board of County Commissioners meeting of October 11, 2016. The
first proposed change is to continue Item 16B4 from your CRA
consent agenda until your next meeting of October 25th, 2016. That's
at staff's request.
The next proposed change is to move Item 16D6 from the consent
agenda to become Item 11E on the regular agenda. This is at
Commissioner Taylor's request. This is a recommendation to approve
award of several federal community block -- Community Development
Block Grant awards.
The next proposed change is to move Item 16D9 to become Item
11F on the regular agenda. This is a recommendation to approve a
re-branding program for Collier Area Transit. That's moved at
Commissioner Taylor's request as well.
October 11, 2016
Page 4
The next proposed change is to continue Item 16F6 to the next
meeting of October 25th, 2016. That's an agreement between the
Board and Spirit Promotions, the promoter of the U.S. Open Pickleball
Championship. We have a little bit of cleanup to do on that. We'll
bring that back at the next meeting.
The next proposed change is to deny Item 16J5 until such that as
the Clerk certifies that the payables presented in the report have been
pre-audited as previously specified by the Board.
We've a number of -- not time-certain, but follow-on items this
morning, Commissioners. The first is Item 10B, and that will be heard
immediately following Item 5A, then Item 11C will immediately
follow Item 10B and, finally, Items 9A, B, and C, your public hearing
items, are scheduled to be heard immediately following Item 11C.
We have a couple of agenda notes this morning, Commissioners.
The first has to do with Item 16E5 and E6. The agenda index indicated
that ex parte disclosure was required for those items. It is not required
for those items. That correction came by the County Attorney.
And then with regard to Item 16F1, the following is added to
clarify and complete the record related to this action. I'll just read this
briefly. Chapter 74 of your Code of Laws and Ordinances, your
impact fee ordinance, provides that impact fees that are overpaid may
be reimbursed within four years of payment. The impact fees related
to this request were paid more than four years ago; however, this
development is built out. There is no future development for which to
apply the overpayment.
Impact fees cannot be charged in excess of the demand created;
therefore, in this case a reimbursement is due, and the Board
authorized an exception to the existing regulation. That addition is
made at staff's request simply to clarify the action on that item.
And, finally, with respect to Item 16K3, there was an indication
of appointment of a single member. It's actually two members to the
October 11, 2016
Page 5
Collier County Citizens Corps.
Commissioners, court reporter breaks are set at 10:30 and at 2:50
if necessary. Item 7, public comment on general topics not on the
current or future agenda will be heard no sooner than 1:00 p.m. or at
the conclusion of the agenda, whichever occurs first, and, likewise,
Item 9, public hearings, to be heard no sooner than 1:00 p.m. or at the
conclusion of the agenda, whichever occurs first.
And those are all the changes I have this morning, Madam Chair.
CHAIRMAN FIALA: Thank you, County Manager.
MR. OCHS: You're welcome.
CHAIRMAN FIALA: County Attorney?
MR. KLATZKOW: No changes, ma'am.
CHAIRMAN FIALA: Okay. Very good.
Starting Commissioners. Commissioner Henning?
COMMISSIONER HENNING: Good morning.
CHAIRMAN FIALA: Good morning.
COMMISSIONER HENNING: You know, it's always a great
day for me when Pastor Stallworth comes to the board meeting from
Faith Baptist Church, Unity Faith Baptist Church in Golden Gate.
David Wilkison and I have been there. Actually, David and I have
been running into each other quite a bit.
With that said, Madam Chair, I have no ex parte disclosures on
today's summary agenda; however, I would like to remand Item 9A to
the Planning Commission. There have been some changes to the
proposed ordinance after the Planning Commission, and there are some
reports at the Planning Commission that are in question. I think they
can clean it up and massage it and bring it back to us hopefully on this
summary agenda.
And also, with that said, if the Board approves those changes,
then we need to continue Item 9B and 9C; is that correct, Nick?
MR. OCHS: Yes, sir.
October 11, 2016
Page 6
COMMISSIONER HENNING: Madam Chair, that's all I have.
CHAIRMAN FIALA: Okay. County Attorney, how do we
handle that?
MR. KLATZKOW: Take a vote.
CHAIRMAN FIALA: Just right now?
MR. KLATZKOW: Yep.
CHAIRMAN FIALA: Okay. So he has made a motion.
COMMISSIONER NANCE: I will second the motion.
COMMISSIONER HILLER: I'd like to hear from staff.
CHAIRMAN FIALA: Well, let us first finish. Okay.
COMMISSIONER HILLER: On this issue.
CHAIRMAN FIALA: And Commissioner Nance has seconded
it. Now Commissioner Hiller.
COMMISSIONER HILLER: Yeah, I'd like to hear from staff on
what Commissioner Henning is addressing to --
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: -- have a better understanding of
why this should be continued.
MR. OCHS: My understanding is that subsequent to the Plan
Commission hearing on this item, there were some additional changes
made to the project. Those haven't been vetted with the Plan
Commission, obviously. Staff has no objection to the recommendation
by Commissioner Henning to remand this and allow it -- the new
changes or the changes that were made subsequent to the Plan
Commission hearing to be vetted again with the Plan Commission.
COMMISSIONER HILLER: Thank you.
CHAIRMAN FIALA: Thanks for asking that question.
And with that, do I hear any other comments?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
October 11, 2016
Page 7
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: And opposed, like sign.
(No response.)
CHAIRMAN FIALA: Okay. Very good. That is carried.
Commissioner Hiller?
COMMISSIONER HILLER: No disclosure in light of the
change that was just made. I would like, however, to address, under
the notes on the agenda change, the Code of Law, Chapter 74, impact
fees, the remarks. I don't understand how we can say that impact fees
that are overpaid may be reimbursed. I would think that they have to
be reimbursed; that it should be must be reimbursed. I mean, these are
fees. If they were -- if fees were overpaid, I think we have an
affirmative duty to refund whoever overpaid.
MR. OCHS: We don't disagree, ma'am. We were just pointing
out, again, technically, your ordinance requires that that request for
reimbursement come in within four years. This one was outside of that
four-year window, so --
COMMISSIONER HILLER: Oh, I understand all of that. That's
aside. I have an issue with the fact that we are putting the burden on
the citizen to request --
MR. OCHS: Oh --
COMMISSIONER HILLER: -- for reimbursement, and I think
we have an affirmative duty to repay, because otherwise it becomes an
illegal tax.
MR. KLATZKOW: No, no. The way the ordinance is set up is
that the developer who paid the impact fees will come to us and, say,
look, I've changed my development. I downsized it. At that point in
time, we'll process the application. But it's up to the developer to let us
October 11, 2016
Page 8
know that he's not building what he told us he was going to build.
COMMISSIONER HILLER: And I think that at a certain point
there needs to be a closeout and some sort of finality if it isn't going to
happen. And I'm not quite sure how this needs to be corrected, but I
think this issue needs to be looked at. And it shouldn't be looked at
now, and I don't want to bring this up. But since it is on the agenda, I
think we do have to evaluate the "may" to a "must" and set it with
some sort of time limit. But we'll talk about that after, but I did have a
concern when I saw that remark.
CHAIRMAN FIALA: Thank you, Commissioner Hiller.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. With that, I'm glad you
brought that up.
Crystal, with these added language to the change sheet, is the
Clerk going to issue a check for a reimbursement?
MS. KINZEL: Correct. We just needed the Board to recognize
that it was an exception to their own ordinance in whatever legal
manner Jeff felt sufficient, legally.
COMMISSIONER HENNING: Thank you.
CHAIRMAN FIALA: Okay. Very good.
Commissioner Taylor?
COMMISSIONER TAYLOR: No disclosures and no changes.
Thank you.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: No further changes. I do have one
ex parte disclosure on Consent Agenda Item 16A4, which is the
commercial excavation permit. I've had discussions with staff and
received emails regarding that item.
CHAIRMAN FIALA: Thank you very much. And I have no
disclosures and no changes and no corrections. Thank you very much.
So may I hear a motion to accept the agenda as corrected.
October 11, 2016
Page 9
COMMISSIONER HENNING: Amended. Move to approve as
amended.
COMMISSIONER HILLER: Second.
COMMISSIONER NANCE: Second, okay.
CHAIRMAN FIALA: Okay. I have a motion and a second. All
in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Okay. Very good. Thank you so much.
Moving on.
Proposed Agenda Changes
Board of County Commissioners Meeting
October 11,2016
Continue Item 16B4 to the October 25,2016 BCC Meeting: Recommendation to approve Change Order#4
to extend Contract 13-6012 with RWA Consultants,Inc.,for an additional 552 days;increase the contract
amount by$70,650.00;and authorize the Chairman to execute the Change Order to permit the completion of
the Thomasson Drive/Hamilton Harbor Streetscape Design Project in order to promote safer vehicular and
pedestrian traffic movement. (Staffs request)
Move Item 16D6 to Item 11E: Recommendation to approve thirteen sub-recipient agreements for projects
previously approved in the FY 2016-17 Action Plan for the Community Development Block Grant,HOME,
and Emergency Solutions Grant Programs. (Commissioner Taylor's request)
Move Item 16D9 to Item 11F: Recommendation to approve the rebranding of the Collier Area Transit(CAT)
logo to be used on all printed and digital media materials in order to ensure the success of Collier Area
Transit's brand identity. (Commissioner Taylor's request)
Continue Item 16F6 to the October 25,2016 BCC Meeting: Recommendation to approve Amendment#1 to
Tourism Category"B"Contract#16-7008 between Collier County and Spirit Promotions for reimbursement
of the operating expenses for the 2017 US Open Pickleball Championships in the amount of$60,000 and
make a finding that these expenditures promote tourism. (Staff's request)
Deny Item 16J5 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 5,2016 pursuant to the Board's request.(Staff's request)
Time Certain Items:
Item 10B to be heard immediately following Item 5A
Item 11C to be heard immediately following Item 10B
Items 9A,9B and 9C to be heard immediately following Item 11C
Note:
Items 16E5 and 16E6: Ex Parte disclosure is not required for these items. (County Attorney's request)
Item 16F1: The following is added to clarify and complete the public record related to this action:
The Code of Laws(Ch 74—Impact Fees)provides that impact fees that are overpaid may be reimbursed
within 4 years of payment. The impact fees related to this request were paid more than 4 years ago,however
this development is built out and there is no future development for which to apply the overpayment. Impact
fees cannot be charged in excess of the demand created. Therefore,in this case,a reimbursement is due and
the Board authorizes an exception to current regulations. (Staffs request)
Item 16K3 title should read: Recommendation to appoint n-member two members to the Collier
County Citizen Corps. (County Attorney's request)
October 11, 2016
Page 10
Item #2B, #2C & #2D
BCC REGULAR MEETING MINUTES SEPTEMBER 13, 2016;
BCC BUDGET WORKSHOP MINUTES FROM SEPTEMBER 22,
2016 AND BCC REGULAR MEETING MINUTES FROM
SEPTEMBER 27, 2016 – APPROVED AS PRESENTED
MR. OCHS: Yes, ma'am. Approval of your regular BCC
meeting minutes for September 13, September 22nd, and September
27th, 2016.
COMMISSIONER NANCE: I move to approve all of the
minutes attached in 2B, 2C, and 2D.
CHAIRMAN FIALA: And who is the second?
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Okay. All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Thank you.
MR. OCHS: Madam Chair, that takes us to Item 4 on today's
agenda, proclamations.
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
October 11, 2016
Page 11
Item #4A
PROCLAMATION RECOGNIZING NATIONAL HISPANIC
HERITAGE MONTH AND COLLIER COUNTY RESIDENT,
VICTOR A. VALDES FOR HIS SERVICE AND CONTRIBUTIONS
TO OUR COMMUNITY. ACCEPTED BY VICTOR A. VALDES –
ADOPTED
Item 4A is a proclamation recognizing National Hispanic
Heritage Month and Collier County resident Victor A. Valdes for his
service and contributions to our community. To be accepted by Victor
A. Valdes. Mr. Valdes, if you'll step forward and receive your
proclamation.
(Applause.)
CHAIRMAN FIALA: It's good to see you again, my friend.
We'll first take pictures and then...
MR. VALDES: Well, thank you. My name is Victor Valdes, for
the record.
I want to say something, only three or four lines. First, I want to
thank the honorable members of the Board of County Commissioners
of Collier County for this proclamation, and especially Commissioner
Fiala that represented the Board. I love her.
I want to share this proclamation with our community, Hispanic,
blacks American, and white, our entire community. And thank them, I
want to share this proclamation with our entire community and thank
them for supporting me for so many years in my struggle for claims of
justice, civil rights, and human rights.
Thank you very much.
(Applause.)
CHAIRMAN FIALA: Victor, you've done a lot for -- Victor,
you've done a lot for the multicultural community and brought forth
October 11, 2016
Page 12
many of their issues, and we're happy to have this day as your day.
Thank you very much.
Item #4B
PROCLAMATION DESIGNATING OCTOBER, 2016 AS
DOMESTIC VIOLENCE AWARENESS MONTH IN COLLIER
COUNTY. ACCEPTED BY LINDA OBERHAUS, EXECUTIVE
DIRECTOR OF THE SHELTER FOR ABUSED WOMEN &
CHILDREN; SHERIFF KEVIN RAMBOSK AND STATE
ATTORNEY STEPHEN B. RUSSELL – ADOPTED
MR. OCHS: Item 4B is a proclamation designating October 2016
as Domestic Violence Awareness Month in Collier County. To be
accepted by Linda Oberhaus, executive director of the Shelter for
Abused Women and Children; Sheriff Kevin Rambosk; and State
Attorney Steve Russell. If you'd please step forward.
(Applause.)
MS. OBERHAUS: Good morning, Commissioners. For the
record, I'm Linda Oberhaus. I'm the executive director at the Shelter
for Abused Women and Children. And I just want to thank all of the
Commissioners for recognizing October as National Domestic
Violence Awareness Month.
I also want to thank Commissioner Hiller for her efforts on behalf
of both victims of domestic violence and human trafficking here in
Collier County.
Many of you know that domestic violence is a national epidemic
in our country, and in our community. There were over 1,500
domestic violence incidents here in Collier County alone last year. So
you can imagine with 1,500 calls to 911 for domestic violence the
number of children in those homes who are also impacted.
October 11, 2016
Page 13
We're very fortunate to have the support of both the Collier
County Sheriff's Office in holding perpetrators of domestic violence
and human trafficking accountable and the State Attorney's Office,
both who are with us here today, in the State Attorney's Office for
prosecuting those crimes.
Finally, I just want to invite the community to come out and
support the shelter during the month of October. We have a number of
events planned for National Domestic Violence Awareness Month, and
you can visit our website at naplesshelter.org for more information on
the dates and times of those events.
Thank you.
(Applause.)
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
Linda, I want to thank you for all that you have done with the
Shelter to protect the women and children of this community.
And, Sheriff Rambosk, what you have done in terms of
aggressively pursuing those who have done wrong towards women and
children is commendable.
And, State Attorney Russell, outstanding prosecution.
I mean, we have a zero tolerance community as far as domestic
violence is concerned, and it would not be possible without these three
individuals leading that charge. So, really, from the bottom of my
heart I thank you. Domestic violence is not an option anywhere, and
especially not in Collier County.
So thank you again.
CHAIRMAN FIALA: And, Commissioner Hiller, I want to
congratulate you because you're working closely with them to help
curb this and to keep it on the front burner.
COMMISSIONER HILLER: Thank you.
CHAIRMAN FIALA: So I want to thank you for your time with
October 11, 2016
Page 14
them as well.
COMMISSIONER HILLER: Thank you.
CHAIRMAN FIALA: Thank you for all you do. It's a tough job.
COMMISSIONER HILLER: It is.
CHAIRMAN FIALA: That's really a tough job. Thank you.
Item #4C
PROCLAMATION DESIGNATING SATURDAY, NOVEMBER 5,
2016, LEGAL AID SERVICE “WILLS FOR HEROES” DAY IN
COLLIER COUNTY IN RECOGNITION OF THEIR DEDICATION
TO PROVIDING PRO BONO LEGAL SERVICES TO OUR
COMMUNITY’S VETERANS AND PUBLIC SAFETY
PERSONNEL – ACCEPTED BY JEFF AHREN, DIRECTOR OF
DEVELOPMENT AND PRO BONO FOR LEGAL AID SERVICE
OF COLLIER – ADOPTED
MR. OCHS: Item 4C is a proclamation designating Saturday,
November 5th, 2016, as Legal Aid Service “Wills for Heros” Day in
Collier County in recognition of their dedication to providing pro bono
legal services to our community's veterans and public safety personnel.
To be accepted by Jeff Ahern, director of development and pro
bono for Legal Aid Service of Collier County. Jeff.
(Applause.)
MR. AHERN: Good morning, Commissioners. I just wanted to
thank you again for this proclamation and for the opportunity to
discuss what we are doing with this Wills for Heros program.
On behalf of all the pro bono attorneys who are volunteering their
time to make this possible and on behalf of our Legal Aid organization,
thank you for your support.
When we came up with this concept five years ago, it was a
October 11, 2016
Page 15
simple one. We wanted to thank the veterans, the police officers, the
firefighters and first responders in our community for their service,
their outstanding service to keep us safe here and all around the world.
And we recognized, as lawyers, that a lot of those heros did not
have a proper estate plan in place, or at least the one that they wanted,
so we wanted to put that -- make that possible and put those plans in
their hands and to do it free of charge.
We've done that for five years now. And this year, on November
5th, Saturday, November 5th, Legal Aid -- for all those that are
watching, if you are a veteran, a firefighter, police officer, first
responder, or a spouse, and you're interested in having a free estate
plan -- will and estate plan documents prepared for you, we would ask
that you contact Legal Aid, preferably through our website at
collierlegalaid.org, and there's a button you can press on the home
page, and it takes you right to the portion where you fill out basic
information, and that helps our attorneys fill out the wills free of
charge on that day.
I wanted to single out two attorneys who have been very
instrumental in the Wills for Heros program. One is Kelly Price, who
is with me today. She is a Legal Aid advisory board member and
member of the board of directors. And Kelly, her leadership -- she
really envisioned this program five years ago, and her firm, Cohen &
Grigsby, have been extremely supportive. So thank you, Kelly.
And also Blake Kirkpatrick who can't be here. Blake developed a
software program that all the attorneys use so that the wills could be
created right there on the spot on that day, on Saturday.
So this is all about the heros, though. I just wanted to say on
behalf of everybody, thank you for making our community and our
world safer and for all that you do to protect the community. This is all
about you.
And one last thing. I wanted to thank Commissioner Hiller for
October 11, 2016
Page 16
sponsoring us for this -- making this proclamation possible and for all
her support. And I echo -- I know this isn't my proclamation, but thank
you for all you do for victims as well. You know, Legal Aid does
quite a bit for victims of domestic violence as well. Thank you all,
Commissioners, for all of your support. Thank you.
MR. OCHS: Madam Chair?
COMMISSIONER HILLER: I did want to say one thing very
quickly.
CHAIRMAN FIALA: I think Commissioner Hiller had --
COMMISSIONER HILLER: Yes. I want to thank Legal Aid as
well for all the work that they do for the fight against domestic
violence.
This morning, however, your proclamation was because of your
commitment to give back even more than you already give to the
community. As you know, the Board of County Commissioners
increased funding to Legal Aid, and this is why. This is yet another
example of the kind of return we get for the investment that we make.
So whatever monies you-all decide to commit to the future,
Commissioner Taylor and Commissioner Fiala, know that you are
making a difference, because what they're doing, for example, by this
wills day for our first responders, law enforcement is exceptional.
CHAIRMAN FIALA: And veterans, too, right?
COMMISSIONER HILLER: Of course, and veterans. Veterans,
law enforcement, first responders, you're amazing. Thank you.
CHAIRMAN FIALA: Thank you.
Okay. Moving on.
MR. OCHS: Madam Chair, if I could have a motion to approve
today's proclamations.
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: Okay. All in favor?
October 11, 2016
Page 17
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Very good.
Item #5A
RECOMMENDATION TO RECOGNIZE JOSH GRAVLIN,
ENVIRONMENTAL SPECIALIST, GROWTH MANAGEMENT
DEPARTMENT AS EMPLOYEE OF THE MONTH FOR
SEPTEMBER 2016 – PRESENTED
MR. OCHS: Item 5A is a presentation -- excuse me -- a
recommendation to recognize Josh Gravlin, environmental specialist
with our Growth Management Department, as the Employee of the
Month for September 2016. Josh, would you please step forward and
receive your award.
(Applause.)
CHAIRMAN FIALA: Thank you so much for all your work.
And we'd like to give you a check -- well, all of us would like to give
you a little check, and also we have a plaque here -- I'll give you this
covering for it if you'd like -- to thank you for all your work. And your
name is now down by the elevator.
MR. GRAVLIN: Perfect.
CHAIRMAN FIALA: Thank you.
COMMISSIONER TAYLOR: Which may be a good thing; it
may not.
October 11, 2016
Page 18
CHAIRMAN FIALA: You're not going to get away that easy.
MR. OCHS: Josh, stand up there and get your picture taken.
Step back a little bit. Right in the middle. There you go. I'll tell the
Board a little bit about you while you're getting your photo.
Commissioners, Josh has been with us since 2014 working in our
Pollution Control Division. He uses technology to save Pollution
Control many labor hours. The initial issue that was annually about
140 labor hours once spent entering data from paper spreadsheets into
Excel.
Josh worked to create two primary electronic workbooks that
greatly improved efficiency and data integrity. These two workbooks
saved approximately 526 labor hours for an estimated ongoing annual
savings of over $16,000.
Josh is consistently on a mission to improve processes and is
always willing to lend a helping hand to anyone that needs it.
One of his greatest skills is his ability to educate volunteers, other
county employees, and the public in the importance of the Pollution
Control Sampling Program and is truly deserving of this award.
Commissioners, it's my honor to present Josh Gravlin,
environmental specialist, as your Employee of the Month for
September 2016.
Congratulations, Josh.
(Applause.)
MR. OCHS: Just go ahead and use the podium, Josh.
MR. GRAVLIN: Thank you, Commissioners. I just wanted to
take the opportunity to thank the rest of my team, some of whom are
which -- are with us today.
I'd like to think that is less a reflection on my own individual
contributions and more a reflection on the management and our other
teammates that are there helping every day. You know, without
management support putting into place the mechanisms that they have,
October 11, 2016
Page 19
it would be very difficult to accomplish the things that we do.
And there are plenty of other employees that are just as deserving
within the department. So I just wanted to thank them so much, and
thank you for the opportunity.
(Applause.)
COMMISSIONER TAYLOR: Mr. Ochs, I'd just like to say that
those words, I think, embody a culture here that is to be admirable and
to thank you very much. That was just extraordinary what that
gentleman just said, what Josh just said.
MR. OCHS: Thank you.
COMMISSIONER TAYLOR: Thank you.
Item #10B
RECOMMENDATION TO APPROVE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE COLLIER COUNTY
SHERIFF’S OFFICE, THE SHELTER FOR ABUSED WOMEN
AND CHILDREN AND THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS FORMALIZING A PARTNERSHIP
ESTABLISHED TO COMBAT HUMAN TRAFFICKING AND
HELP ENSURE THE WELL-BEING OF HUMAN TRAFFICKING
VICTIMS – APPROVED
MR. OCHS: Madam Chair and Commissioners, that takes us to
our first time-sensitive item. That was Item 10B, and that is a
recommendation to approve a memorandum -- excuse me -- a
memorandum of understanding between the Collier County Sheriff's
Office, the Shelter for Abused Women and Children, and the Collier
County Board of County Commissioners formalizing a partnership
established to combat human trafficking and to help ensure the
well-being of human trafficking victims. And this item was brought
October 11, 2016
Page 20
forward by Commissioner Hiller.
COMMISSIONER HILLER: Thank you. Thank you very much.
We have three -- actually two individuals -- maybe State Attorney
Russell would like to speak to this as well who will be speaking in
addition to myself.
When I first joined the Board, recognizing the importance of
victims' rights and victim advocacy, I put together the Victim
Advocacy Coalition, of which the Shelter was a member. During the
course of working together, it became acutely aware to all of us that
human trafficking was a real problem; that it was a crime that had to be
combated; and that we had to commit our resources and our efforts
collectively to fighting this heinous crime in Collier County.
So with that, the Sheriff's Office, which was also a member of the
Victim Advocacy Coalition, the Shelter, and myself representing the
Board, started working collectively with the regional law enforcement
community as well as organizations like the State Attorney's Office to
do everything we could to advance the fight against human trafficking.
Last year we formalized the relationship by way of a partnership
that was recognized by the Board. We lobbied aggressively in
Tallahassee to strengthen the law to seek funding and to promote
sharing of information regarding this traveling crime.
And it has come to a point now that as a result of this collective
effort we have seen success in Collier County. We have successful
prosecutions, successful investigations, successful sheltering of those
victims. As a result, we are now going to formally recognize the
partnership by way of a memorandum of understanding so that
everybody knows what we are doing together and that this is a formal
effort; that this is not an informal initiative.
We have committed resources financially and in terms of staffing,
and we are committed as a board to continue helping the Sheriff's
Office and the shelter in the fight against human trafficking.
October 11, 2016
Page 21
And with that, I would like to ask Linda to please step forward
and explain the Shelter's contribution towards this partnership and the
success you've achieved. After that I'd like to ask Sheriff Rambosk to
step forward and explain how his commitment to the fight of human
trafficking has proven so successful.
And, State Attorney Russell, if you would like to talk about the
successes with your prosecution and your commitment to that fight, I
would love to have you participate. I know you weren't planning on it,
but since you're here and we have you as a captive audience, we would
love to hear about your accomplishments and your success as well.
Linda?
MS. OBERHAUS: Thank you, Commissioner Hiller.
I've really appreciated all of your support over the last few years
in helping to deal with this issue. Many of you know that the Shelter
has been here in the community for the past 27 years dealing with
victims of abuse and more recent years with the Sheriff's Office
committing to staffing a human trafficking unit. We've seen an uptick
in the number of human trafficking cases, and he's going to talk a little
bit more about that.
We feel very, very fortunate that with the Sheriff out there on the
front line identifying these human trafficking rings, holding these
perpetrators accountable and getting these victims to safety, that this is
a very, very important partnership at this point in time in our
community.
So we're just -- the Shelter just remains committed to supporting
both victims of domestic violence and human trafficking, and we're
going to be opening a second campus in Immokalee, which is well on
its way to happening. So I look forward to updating the commission
on that at a later date.
COMMISSIONER HILLER: And I think it's also important,
Linda, if you could add for the record that the Shelter has been able to
October 11, 2016
Page 22
provide all that is necessary by way of assisting victims of human
trafficking in this community and, so as a result, you opening this
additional facility, while necessary, doesn't suggest that we have
escalating human traffic incidence but, rather, that you are
accommodating all that is needed and that we don't need beyond what
you are providing.
MS. OBERHAUS: Correct. The shelter in Immokalee, we had
done a needs assessment a few years ago that demonstrated the need
for sheltering the victims for domestic violence in that community.
What we saw at that time is that victims of domestic violence in
Immokalee were not coming to Naples to get the help that they needed.
It was just too far from their communities, their schools, their support
networks.
And so what we did is, as we saw an uptick in human trafficking
and also a need for an emergency shelter in Immokalee for victims of
domestic violence, we decided to bring those two issues together. We
will be sheltering them separately in the same facility, but we'll be able
to provide them with more individualized attention and more
long-term services that they need and they deserve.
COMMISSIONER HILLER: Thank you.
SHERIFF RAMBOSK: Good morning, Commission. Kevin
Rambosk, Collier County Sheriff.
You know, today this human trafficking issue is being recognized
nationally as becoming more and more important and growing. I can
tell you, though, with your support over the last several years and our
partnership with you, led by Commissioner Hiller and the Shelter and
Steve Russell, we have made a number of significant cases.
So if you look back to 2014, we've probably had five significant
cases, rescued 47 victims of human trafficking. And while not all of
the victims want or need as much help as others, there has never been a
time when this community -- you, in supporting us, and the Shelter,
October 11, 2016
Page 23
there's never been a time when we've not been able to serve the needs
of the members of our community and the victims there.
Fortunately, since we've been addressing this along with you and
as a community to make it unacceptable in Collier County, we are far
ahead of the curve. And if you take those last two or three years and
the significant impacts we have made, our community is letting people
know that you should not engage in this type of activity and conduct.
The second most important element of where we're headed with
your help is to bring awareness so that for other victims that we've may
not been able to identify or know that we exist to assist them will know
that we're here.
So we want to thank you and all of your support for what we do.
And I'd also, in addition to recognizing the members here that I've
done, is recognize our Human Trafficking Task Force and the great
investigators that we have do this every day.
Thank you very much.
COMMISSIONER HILLER: And members of the board, we
fund that task force. Every year since we started this initiative, you
have all been approving as part of the Sheriff's budget funding for the
investigative unit dedicated to human trafficking, which other counties
don't do, and that is why we are so successful in Collier County
curbing this crime. So thank you.
SHERIFF RAMBOSK: That's an important point. We are one of
the very few in the state of Florida and the nation who have committed
to this effort. So thank you for your support.
COMMISSIONER HILLER: And that's been recognized by the
Attorney General, by the way. Our initiative is definitely recognized
statewide. So thank you, Sheriff.
MR. RUSSELL: Good morning, Steve Russell, State Attorney
for the 20th Circuit.
Human trafficking prosecutions are often complex and difficult,
October 11, 2016
Page 24
but they're dependent on the good work of the Sheriff and his staff and
the support of the victims by Linda and her staff.
The Sheriff has heard me say -- I have a jurisdiction of five
counties. We have 20 judicial circuits. And the Sheriff has heard me
say before, that I'm happy that for the last four years our circuit has had
the lowest overall crime rate in the state out of those 20 circuits, and
that's really led by Collier County who's probably the lowest of the five
counties. So we are very appreciative of their good work.
(Applause.)
MR. RUSSELL: And I think that those low crime rates really
reflect a good partnership. We have great law enforcement. We have
primarily law abiding citizens, and we hope we do our part in the court
system. And we are very appreciative of the support that you give us
as a County Commission year to year to help fund some of those
efforts, so thank you very much.
(Applause.)
COMMISSIONER HILLER: So with that, members of the
Board, I would ask that by way of motion that we accept this
memorandum of understanding and recognize our part in this
partnership with the Sheriff's Office and the Shelter in the fight against
human trafficking.
COMMISSIONER NANCE: I will second your motion.
COMMISSIONER HILLER: Thank you.
CHAIRMAN FIALA: And then you wanted to speak,
Commissioner Nance?
COMMISSIONER NANCE: Yes.
Commissioner Hiller, I would like to really thank you for your
continued effort on this item. And I don't think that we would have
been successful the way we have without these folks working together
so closely and so well but without your steadfast leadership on this
issue, and I think you should be very proud of being able to work
October 11, 2016
Page 25
together with that, because you've really -- you've really helped us out.
And the reason that I think this is a wonderful agenda item, I
think that this -- you know, some wise man back in history said once
upon a time that you never really know what you stand for until you
write something down. And we are blessed in Collier County with so
many great NGOs that have worked together with us, and we're
blessed by that.
But I think that this methodology of putting together memoranda
of understanding, I hope that the future board will continue this, and let
me tell you why I think it's a very, very timely agenda item. A classic
example is the Promise Zone that's been granted by the federal
government in parts of Collier County and Glades and Hendry County.
Without our NGOs working together with us on that application,
our application would not have been successful. And going forward, if
we do not have a very good and close relationship with our NGOs, we
will not be able to take full advantage of this outstanding opportunity.
So I would encourage the Board going forward to reach out to the
NGOs that we've worked with so steadfastly over a period of time to --
not only to just memorialize and support their efforts, but also to put
together our working relationship for maximum results. So I think it's
very, very timely, ma'am, and I would thank you.
I hope that Commissioner Taylor and Commissioner Fiala will
use this methodology going forward because I think it's really a good
one and a timely one. Thank you.
CHAIRMAN FIALA: I think she's set the table for us to move
forward with this.
Thank you so much. I have a motion and a second.
All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
October 11, 2016
Page 26
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: 5-0. Thank you.
Item #11C
RECOMMENDATION TO ACCEPT AN UPDATE ON SEA
LEVEL RISE PLANNING ACTIVITIES AND PROVIDE
DIRECTION ON FUTURE ACTIONS – MOTION TO APPROVE
STAFF’S RECOMMENDATIONS – APPROVED
MR. OCHS: Madam Chair, Commissioners, that takes us next to
Item 11C on today agenda. This is a recommendation to accept an
update to sea level rise planning activities and provide direction on
future actions. Amy Patterson, your GMD Capital Projects and
Planning Division Director, will make the presentation.
MS. PATTERSON: Good morning. Amy Patterson, for the
record. We're here today, Commissioners, to give you an update on
our progress on planning activities related to sea level rise.
I have a brief presentation, and I'm also joined by representatives
from Harvard University who will follow me with a presentation. So
at your pleasure, I will move forward through the staff report.
CHAIRMAN FIALA: Moving on.
MS. PATTERSON: We're working under previous Board
direction. On June 23rd, 2015, the Board of County Commissioners
directed the County Manager to evaluate sea level rise. Five specific
topics were included in that direction.
Topic 1, contact the Southwest Florida Regional Planning
October 11, 2016
Page 27
Council and determine what activities are underway and planned
relating to sea level rise.
Staff did meet with the Southwest Florida Regional Planning
Council, talked in detail about their efforts in other counties as well as
their suggestions for things to be done in Collier County, and a brief
overview of those are to update the vulnerability assessment last done
in 2010; the creation of an adaptation or resiliency plan for Collier
County; consider any needed Comprehensive Plan amendments or
other regulatory changes; create and implement a monitoring plan;
provide for reevaluation of goals and objectives; and provide for
concurrent education and training.
The Southwest Florida Regional Planning Council placed a lot of
emphasis on this concurrent education and training, not only to be able
to inform the public but to understand their wants and things that they
don't want as part of this process.
A continuing dialogue with the Regional Planning Council will be
a valuable resource moving forward because of their knowledge of the
region and of this specific subject matter.
Topic 2, identify programs within the county government that are
likely to be affected by sea level rise and include it in future planning
efforts.
Most of you have probably been hearing about this rate of rise
and needing to really understand what the rate of sea level rise will be
in the future in order to adequately plan.
So most programs under the purview of the county government
will be affected in some way by sea level rise. To what extent is very
dependent on that rate of sea level rise.
Future decisions related to infrastructure, government facilities
and operations will need to include identification of critical facilities
and infrastructure, strategic infrastructure improvements and/or
relocations, provisions for health, safety, and welfare of residents and
October 11, 2016
Page 28
visitors. It's not so simple to just say we're not going to do anything.
We have to consider the health, safety, and welfare as we move
forward in time and adaptations to construction standards, methods,
useful life, et cetera.
Topic 3, identify data available within the county to assist with
this planning and recommend whether additional data needs to be
collected.
Again, back to the rate of rise. Data gathering on this topic needs
to begin with best estimate on the rate of sea level rise, and everything
else will build off of that information.
We're currently working off of the Collier County Floodplain
Management Plan update from 2015 which uses a moderate rate of
rise. Other examples of data sources is the excellent website,
climatecentral.org, which provides Collier-specific scenarios based on
datasets. The South Florida Water Management District has an
ongoing level of service sea level rise and climate trend analysis, and
on -- in the executive summary there's an extensive list of different
organizations that would be helpful in this fact-finding and
data-gathering endeavor.
But, again, honing in on that rate of rise and whether or not what
we're using in the Floodplain Management Plan currently needs to be
updated or if it's accurate would be an excellent place to start.
Topic 4, determine what related activities are underway in other
jurisdictions along Florida's southwest coast and whether a joint
planning effort would be advantageous. We did speak, again,
extensively with the Southwest Florida Regional Planning Council
about what's going on in the region. Activities are underway or
complete in the City of Punta Gorda, which we recall was hit very hard
by Hurricane Charley, and they have been very progressive in their
strategy since that time; Lee County; and Sarasota County is currently
working on some changes to the Comprehensive Plan.
October 11, 2016
Page 29
Once a better understanding of Collier County specific issues is
established, there's many opportunities for potential partnerships and
planning efforts. That includes our municipalities as well.
And Topic 5, the final topic, is identify other organizations that
can assist in this planning and data-gathering activity.
And, again, in the executive summary, we did go through and
provide just a sampling of the organizations that are weighing in on
this. Every day there's new information coming forward relative to sea
level rise. But some examples of groups and organizations that may
assist with sea level rise effort: NOAA; the U.S. Army Corps of
Engineers, who were instrumental, their guidance in the Floodplain
Management Plan; obviously the Southwest Florida Water
Management District has ongoing studies; the Florida universities are
very interested in these topics. We have polled several of them on
their interest in participating in data gathering and any kind of efforts
moving forward. At least five of them indicated a positive, in support
of those types of activities; climatecentral.org; and, obviously, our
partners at the State of Florida have an interest in this as well, the
Florida Department of Transportation, the DEP, Department of Health,
Department of Economic Opportunity. So, obviously, we have a
wealth of resources available.
With that, I'll walk quickly through the recommendations. I've
scaled them back a little bit for expediency. But we'd like the Board of
County Commissioners to accept the status report on what we've done
so far and direct the county manager to, one, work with the local
partners, educational institutions, governmental agencies, et cetera, to
collect additional data on the rate of sea level rise, that is our starting
place, and report back to the Board with those findings.
CHAIRMAN FIALA: Thank you. Troy, how many speakers do
we have?
MR. OCHS: Madam Chair?
October 11, 2016
Page 30
COMMISSIONER TAYLOR: There's more recommendations.
CHAIRMAN FIALA: Yes.
MR. OCHS: We have a couple more recommendations --
MS. PATTERSON: Two more.
MR. OCHS: -- before you go to speakers.
CHAIRMAN FIALA: I'm so sorry. I thought you wound up
there, excuse me.
MS. PATTERSON: No problem.
CHAIRMAN FIALA: Excuse me.
MS. PATTERSON: I'll be quick. Just two more.
CHAIRMAN FIALA: Oh, that's all right. It's very interesting.
And maybe you can tell me --
MR. MILLER: Six.
CHAIRMAN FIALA: Six, okay.
MS. PATTERSON: Second recommendation is to contact the
Southwest Florida Regional Planning Council, determine the process
to begin some of their recommended actions specific to Collier
County, ask them to participate in our rate of rise review, and develop
a strategy to gather and include input from educational institutions.
Upon completion of the work with the Regional Planning
Council, we'll determine whether or not additional specialized services
may be needed. This is our starting place.
And, lastly, continue conversations with local municipalities, the
neighboring Southwest Florida communities, and partnering
governmental agencies regarding strategies, partnerships, planning
efforts, et cetera.
And, with that, we're going to turn it over to Mr. Ardalan from
Harvard University, and he has a presentation to make to you at your
pleasure.
MR. ARDALAN: Good morning, Commissioners, Office of
County Manager.
October 11, 2016
Page 31
That fellow fishing on that island is not me, but we moved
permanently to this wonderful county about a year ago and
immediately, since I've been working on sea rise from Boston Harbor
on around the world for about 20 years, my thought was, what can we
do about sea rise?
And before I go any further, to give you a background that
obviously our county has been thinking about this, I'd like to introduce
Dr. Judy Hushon to give a little background to the sea rise study, and
then I'll go ahead with this presentation with your permission.
MS. HUSHON: Almost exactly -- Judy Hushon. Good morning,
Commissioners.
Almost exactly two years ago I appeared before you with the
citizens' petition asking that we start really looking seriously at sea
level rise and looking at considering impacts and means of mitigation.
At that time you gave direction to staff, and out of that came the memo
that led to Amy's presentation.
Last spring, Nader Ardalan, a senior research associate at the
Harvard School of Design and a Collier County resident, approached
me about the possibility of Harvard University's Graduate School of
Design, the pre-eminent urban planning institute in the country,
conducting a sea level rise study in Collier County based on their
ongoing work that's currently going on in the City of Miami Beach.
I was overjoyed. Harvard could integrate all Harvard stakeholders
and far surpass the expertise that I thought we could bring to bear on
the project. We owe it to the citizens of Collier County to determine
optimal strategies for coping with the rate of sea level rise that
scientists tell us is most probable.
I would like to now have Dr. Nader Ardalan who, as I said, is an
associate with the graduate School of Design at Harvard University,
speak to you.
MR. ARDALAN: Thank you, Judy.
October 11, 2016
Page 32
Commissioners, since I'm just learning about how to use this
document, on behalf of our colleagues at Harvard, I want to make a
presentation of the project for Southwest Florida and sea level, the case
for Collier County, Naples, Marco Island, and Everglades City. This
proposal was submitted to the county on May 21 of this year.
Professor Charles Waldheim will be the principal investigator,
and I am Nader Ardalan, senior advisor on this work.
Just to get our feet wet, what would happen if we had four feet of
sea rise, for instance, in Naples? It's interesting that you see almost all
of the east of downtown Naples under one foot of water. It isn't just
the fact about the coast. It really is about the coast and inland and also
all those areas that are low lying which is shown in green that will also
be affected.
This characteristic really goes from the edge of the coast all the
way inland, and that's why this study that some of the Commissioners
have mandated to us when we spoke with them is to look at the whole
picture.
So the Harvard sea rise surge study will provide a range of
scenarios from consensus of best scientific assessment of statistically
most likely to least likely sea level rise between the present and the end
of the century with particular benchmark focus on planning for 2030
and 2050.
The scope of the work will include what is the impact on
infrastructure, looking at roads, water, energy, utilities, land use, both
inland and coastal and future land use, ecology on recreation, on our
beaches, on our tourism.
The project context will begin from the regional scale of South
Florida -- in fact, South Florida, and county scale and then to
municipal scales.
The timeline proposed is a two-and-a-half year study that could
begin as early as July 2017 and conclude in December 2019, were we
October 11, 2016
Page 33
to get a go-ahead by beginning of this coming year. And, of course, an
integral part of everything that we have proposed -- and I began by
meeting with all the stakeholders. In fact, when I had the pleasure of
meeting with many of the county commissioners, each of them gave
me names of all the people that I should see. I think I saw about 40
stakeholders, and then we all invited them to a session sponsored by
the Naples Botanical Garden on June 8th in which we presented the
project, and we really received almost unanimously this following two
or three words: One, how wonderfully timely and, second, we really
ought to do it.
So with the participation of local academic -- and I've been
working with Florida Gulf Coast University in part of the submission
that they're making to NOAA, and with many of the other universities
where I've lectured at University of Miami or at Florida University
International, and with public and private stakeholders.
I want to say that private stakeholders have already come up with
$50,000 commitment as a challenge grant that if the county and the
cities would come up with what is needed, they would put in 50,000 of
that.
So what is the project funding dates? The proposal is for
$350,000 for this two-and-a-half year study. With that, Harvard will
contribute 150,000 of in-kind contribution making this a $500,000
research study. I want to emphasize the fact that this is a sponsored
research of the university. It's not of one faculty member or of one
department. It's the whole university that has to have peer review on
whatever work is done for you through this research study.
The method is, in Year 1 we'll kick off with an immediate
colloquium here in Naples of all these stakeholders and interests and
begin the kind of partnering and beginning the data collection.
A faculty-led graduate research seminar will then go through
gathering this data. It will include all of this issue of what is the
October 11, 2016
Page 34
estimates of best sea rise around the world, around the United States,
around Florida. And with the help of the Center for the Environment
at Harvard, we will gather what is best scientific information about sea
rise, and I'll address this a bit more and present it to you-all with
regards to what is that best information and how we can make a
decision on this together. A Phase 1 report will include that.
In Year 2 we will have a faculty-led design studio of advanced
graduate students carrying out this work.
I want to take a few minutes and just say, why are we different
than others in doing this? We're not just engineers. This is a planning
and design look at the future of, let's say, 85 years in incremental
stages. What's a vision for when you have the possibility of only one
foot of sea rise? What if you have 10 feet of sea rise? And what does it
mean to our city three-dimensionally.
It's very good to do a lot of studies which is on paper which gives
words, but I'll talk about the fact that our unique study brings an
immediacy to what you can make decisions on and about the fact of
how the methodology works. I'll do that at the end of this presentation.
Finally, we'll then hold a colloquium of all the experts who have
been working with us in Collier and at Harvard to comment on the
graduate student work. And from that, a Phase 2 report will be
presented.
In the concluding half year, we will bring that information to
Naples for a public discussion with everyone who's interested. We'll
also begin policy consultation with local civic, commercial, political
leadership because we'll bring in suggested policy. And then once
we've had this sort of consensus of what is recommended and what has
been dialogued about best policy and attitude, a final book will be
printed of these findings, and it will all go online as a website of the
research documentation.
We're really privileged in the fact that we have so much already
October 11, 2016
Page 35
available to us. NOAA, with its U.S. climate resilience tool kit, tells us
immediately you can go to your home and find out what is the
condition of that, and you get this free.
We go to Climate Central -- and I've been on the telephone
speaking with them about what they do. Their surging seas and
risk-finder attitude is really exceptional. The level of accuracy and
vertical height is up to three inches. So if we have that level, I can
begin this work right away. If other works can come in, that's terrific.
That will just keep adding. This is a three-year work, and it will be
ongoing and ongoing, but we have enormous amount already of
information that we can use.
The Conservancy has been terrific in supporting us and allowing
us to hold our offices within their premises so we could carry out
anything related to the ecology. There's also all these adaptation
clearinghouses online where all this kind of information is easily
accessible as to best world practice and what does it do? What does it
look like?
I want to say that I had the privilege of meeting several times with
Jim Beever at the Southwest Regional Planning Council. Really, they
are more or less right now, let's say, almost eight years out of date in
terms of information, but they're the resource, and we want to work
together with them. I met with the Southwest Water Management
Board and working with them.
The elephant in the room, the iceberg in the room is the Antarctic
contribution to the future sea rise level. This is something that we all
have studied. Nature's last publication of DeConto's work from U-
Mass or science from our Florida university, Ageria Dotchen's
(phonetic) work.
These tell us that there is this uncertainty. When you look at them
and you scratch them and you speak with others who are working,
finally they say, listen, if you take what we're doing right now, which
October 11, 2016
Page 36
is the one to four-and-a-half foot, which is agreed on by NOAA, by
Climate Central, by the PTCC work of the UN, what we see is that it's
around one to four-and-a-half feet. And if we can look at adding
another foot or another three feet toward this number, you're looking at
one to seven feet. Of course, that is a huge range, and it happens in
increments, and it doesn't go up in steps.
During this research period, we will define with each other what
is that best information. If there are more time for peer review of the
science related to the Antarctic and the Greenland ice melt, we will
know about that and integrate that as the work goes ahead.
So, obviously, the project context for us begins with three circles
and the line. The line is the coastline. The three circles are our urban
development areas. And, really, the point is that the coast is really
built up, so we'll have to go inland. We'll study what is the land use
potential inland for the 3- to 400,000 people that will be coming to it
by the end of the century.
And, of course, we're aware that Collier County already has the
storm surge, but the storm surge doesn't include sea level rise. So
these are very important documents that have to be added to our
knowledge.
The final objectives and benefits of this work, really, the school is
committed to focusing on research studies and teaching on the unique
conditions of South Florida, east and west. We began with Miami
Beach a year ago, and we believe that this is a national treasure. We
hold this responsibility as citizens to nurture our vulnerable natural
resources, our cultural institutions, our quality of life, and very
important to support resilient, prosperous, sustainable built
environments for the future.
This is not an environmentalist-only view. This is a planning,
architectural landscape attitude about how do we develop the future of
our coast, and it can be a model for all of America.
October 11, 2016
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The project on Southwest Florida will propose visionary
long-term synergistic strategies to mitigate damage and protect the
future. While incremental immediate action may certainly be needed
for urgent needs, only long-term equitable economically and
environmentally adaptive action will, I believe, have lasting regional
and local impact.
Already the Board should have received from Naples City
Council a resolution of support which they gave endorsing the Harvard
research project. Before I end, I'd like to say one more thing: I really
request of you Commissioners to kindly direct the County Manager's
Office to evaluate the Harvard proposal. We submitted it on May 21,
that's nearly six months, but we have not yet had an authority that it
could be evaluated.
So I will open it to discussion, but I wanted to first give one
overhead if that is there.
MS. HUSHON: Which was not in your packets.
MR. ARDALAN: While Judy is handing this out -- I don't know
if that can be read at a distance, but I will certainly go through it with
you.
It's come to our attention that people are asking why Harvard.
That's a wonderful question. Yes, why an outsider? This is something
that I believe is of great interest -- if I could, Judy, have also one of the
copies of that.
MS. HUSHON: Sorry, sir.
MR. ARDALAN: Thank you.
So why Harvard? I'm just going to give, quick, five reasons.
Because it is the leading U.S. graduate program on urban planning and
design. Urban planning was founded at Harvard after World War II. I
had to be privileged that I was one of the persons who was at this
program -- giving away slight age -- that directed this kind of work.
We've already been engaged with Miami Beach, and I know that they
October 11, 2016
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are very, very happy with the work that the school is doing.
Because it will provide us tools to make more visionary and
practical decisions for comprehensive resilient growth encompassing
nature, quality of life, and prosperous, long-term development.
Because we do things very uniquely and differently and in
effective ways. Many different than others based on the premise that a
picture is worth a thousand words. What do we mean by that? Our
research methods will integrate best practice, make sense of complex
sea level rise information and adaptation strengthen (sic) in simple
digital graphic 3D means that will be edited and dashboard ready for
you to understand and act on. You'll get 3D simulations of what are
the possible visions for the future of our coast and our cities and our
inland.
Enabling, therefore, Collier County with the support of its
stakeholders and its citizens to make no-regret strategic decisions
faster and, we believe, with more resource efficient manner.
With your permission, I'll conclude and open to any questions,
and I know that there are people who wish to make public comment.
CHAIRMAN FIALA: Okay. Excuse me. And we'll hear from
our speakers first.
MR. MILLER: Madam Chair, your first speaker is Dennis
Vasey. He will be followed by Robert Mater (sic).
CHAIRMAN FIALA: Dennis, I have to say, I saw this packet of
information from you, but we never had a chance to look at it because
it was sitting up here. I'm sorry.
MR. VASEY: Well, three minutes, Madam Chair, isn't enough
really to tell you what I need to tell you. I could have done it
differently, but what I wanted to make sure was -- and if I could use
these on the visualizer --
CHAIRMAN FIALA: Would you start --
MR. VASEY: -- why, they would be most helpful.
October 11, 2016
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CHAIRMAN FIALA: I took some of his minutes, Troy, so if you
would just start them over. Thank you.
MR. VASEY: Madam Chair, for the record, I'm Dennis Vasey.
I'm the Chairman of Collier Soil and Water Conservation District,
member of the County Floodplain Management Committee, and I'm
also chairman of the Water Symposium of Florida.
We've read Amy Patterson's sea level rise executive summary,
and we've recently participated in a Climate Central webinar with staff.
The executive summary is excellent. Sea level rise was chronicled by
the Floodplain Advisory Committee in its last report.
It's been ongoing discussion with Soil and Water and the Water
Symposium. The Floodplain Advisory Committee and the
Conservation District and the Water Symposium have been looking at
sea level rise since 2006.
The handout that I left for you has several visuals, and I'd like to
start with the very first one. And on your handout, just for help, I've
also included some words that would be helpful.
The second thing is that there are really only four questions that
you have to ask. First, why are the East Coast and the Gulf of Mexico
hot spots of sea level rise? The second question that you have to ask is
how quickly is land ice melting? And I'd just like to slide one in there.
One of the things we don't study ever is the slippage of ice that cause
catastrophic action.
Then, third, why is there -- where are there such -- why is there
such a large range in sea level range projection? And then on the
fourth chart, how high and how quickly will sea level rise locally in the
future?
When the risk of sea level rise described as slow, medium, and
fast are scientifically determined, they should be incorporated in all
current and future development projects, including infrastructure,
agriculture, public works, and water projects. Community awareness
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and education on sea level rise is vital and should be presented, we
think, biannually.
In the 1960s, Johnny Cash portrays a natural disaster through the
eyes of a child and asks, how high is the water rising, Mama?
With the millennium of lead time, it would such a big -- it
wouldn't be such as big deal to rebuild cities further inland and get
county residents out of the way of rising water, but we don't have a
thousand years. Sea level rise is inevitable. It will be anything from
bad to awful, but it's not an emergency. It will take years to unfold and
decades to see who's right. Let's make certain we write the future with
science and data insight that protects health and safety of our
community because we know how fast sea level rise -- will rise locally
and consider carefully projects that won't be usable or fulfill their
intended function in 2100.
Thank you.
MR. MILLER: Madam Chair, your next speaker is Robert Mater
(sic). He'll be followed Sally Woliver.
MR. MOHER: Good morning, Commissioners. For the record,
Robert Moher, president, CEO, Conservancy of Southwest Florida,
and I'm here representing the 8,000 members of the Conservancy and
our 600 volunteers.
And this issue of sea level rise is clearly the issue of our age from
an environmental point of view as well as an economic point of view.
And just to remind the commission, one of the things the Conservancy
brings to the table to our community is 52 years of datasets with a full
team of scientists on the ground supported by volunteers and a
professional staff. And one of the things we have been doing related to
sea level rise is a lot of internal assessments about how does it affect
our mission to save the land, the water, the wildlife of Southwest
Florida.
And I can tell you that we are already seeing the impacts today.
October 11, 2016
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A few examples of this are sea turtle patterns. We know that sea
turtles are laying their nests longer. The ocean temperatures affect
their biological patterns. We know that mangrove forests are changing
in the way they are adapting to sea level rise.
We know that estuarine health is a major issue when it comes to
increasing saltwater into our aquifers and into our estuaries. We know
that native species are heavily affected. We see over 3,600 animals at
the wildlife hospital every year. The pattern of the animals coming to
the hospital has already begun to change; migratory species and these
patterns are already changing. These are simply indicators that
Southwest Florida is, once again, at the crosshairs of the sea level rise
in climate change.
And, of course, non-native species -- as you know, we've been
doing significant research in efforts in Collier County on pythons
working with FWC and others, so we know that there are also -- the
rule of climate change will also affect the non-native species as well.
I'm just here to encourage the County Commission to consider
this opportunity with Harvard. I've had the pleasure of working in this
community for almost 20 years. And I will tell you that though there
are many institutions who have capabilities around sea level rise and
the impacts in Southwest Florida, until last May and June when this
group of stakeholders coming from government, county government,
from local cities, from business leaders to conservancy groups and to
universities coming together, it was the first time that I am aware of
that there was a conversation in this community that involved all the
key stakeholders.
There is a quality to the Harvard brand that I believe is important,
and I don't believe it's exclusive to the other Florida-based universities
that Nader has been talking to. And I think that is -- but Harvard does
bring a unique set of skills to the table.
Our board of directors has bought into this model. We think the
October 11, 2016
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time is right for this Harvard-led initiative. It's not the only scientific
study that needs to happen, but it is an opportunity to bring the
stakeholders together and create a real meaningful product. And to
that end, the Conservancy offered to host this site at the Conservancy
for three years as an in-kind contribution.
So we thank you for taking the time to hear about this. The
Conservancy's resources are available to support the county with its
research with the data and support this Harvard-led initiative should
the County Commission choose to support it. And I thank you for
your time.
MR. MILLER: Your next speaker is Sally Woliver. She'll be
followed by Jim Hoppensteadt.
MS. WOLIVER: You have to make this better for short people.
Good morning. For the record, I'm Sally Woliver from Golden
Gate Estates, District 5. And I want to tell you that this morning I'm
actually here to speak on behalf of my great friend and colleague, Dr.
Mike Savarese, from Florida Gulf Coast University.
Mike and I have been working closely together. I'm also a
member of the League of Women Voters. And as part of my activity
with the Environmental Affairs Committee, I've been helping Mike
and working closely with him on the proposal that you-all endorsed
just a couple of -- actually, just a month ago in part of your consent
agenda.
First off, Mike is teaching all day today or he would be here and
would have personally -- he says, hello, Nader. He is a professor of
marine science and environmental studies. I am not. That's why he's
teaching at FGCU.
He's been a faculty member there for almost 20 years. I think
many of you know them -- Mike well and his teaching and research
interests. He's been involved in environmental change in coastal
settings, particularly in response to human development, climate
October 11, 2016
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change, and sea level rise.
His local research has helped foster environmental management
and restoration efforts in Southwest Florida. He served as a liaison
between scientists, managers, decision makers, serving as the past
chairperson with the Big Cypress and the Southwest Florida
Restoration Coordination teams.
Mike and I spoke yesterday, so these remarks come directly from
Mike.
There are four things he wanted me to pass along. First, you'll
remember the NOAA grant that you-all kindly endorsed. There is no
overlap between the NOAA grant and the proposed Harvard project.
These are complementary projects.
Number two, in the NOAA proposal Harvard is clearly identified
as an end-user to use the data for their urban planning work in
Southwest Florida.
As Mike has said, we've talked and met with their team and have
made commitments to work cooperatively. The Harvard project
provided a letter of support for the NOAA grant, and I am providing
these comments to be presented by Sally Woliver -- that's me -- here
today.
The other thing you should know, if for any reason that NOAA
grant was not funded, Harvard could move along on their own with the
best science that now exists, but if it's awarded, both of these projects
would start together in July.
And, finally, Mike wants you to know that no one at FGCU or
any other Southwest Florida university are urban planners. You have
the best in the business with Harvard, and it would make a dynamic
project to be working cooperatively.
Thank you.
MR. MILLER: Your next speaker is Jim Hoppensteadt. He'll be
followed by Nancy Payton.
October 11, 2016
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MR. HOPPENSTEADT: Thank you, Commissioners. My name
is Jim Hoppensteadt. I represent the Pelican Bay Foundation. I'll
make my comments brief because I think you've had some great
comments already from Dennis, Rob, and Sally.
I think Amy did a great presentation, but the Foundation would
like to add its sense of urgency for the county to consider the type of
proposal presented by the Harvard School.
Thank you.
COMMISSIONER HILLER: What's the urgency?
MR. HOPPENSTEADT: That the sea level is rising and there
doesn't seem to be a lot of action that seems to be going forward.
There's a lot of talking, but we need to start getting these proposals
done and some real data gathered and put together in a form that can
be used by communities.
MR. MILLER: Your next speaker is Nancy Payton. She'll be
followed by Charlotte Nycklemoe.
MS. PAYTON: Good morning. Nancy Payton representing the
Florida Wildlife Federation.
We're here in support of the Harvard proposal. We ask you not
only to consider it, but to support it and also to urge staff to move
forward with the recommendations that were outlined in that very
excellent executive summary.
Our concerns and our interest in the discussion of sea level rise is
not coastal. It's inland, and I mean way inland, east of 951. We're
interested in the impacts on conservation lands, on developed and
to-be-developed areas, and the engineered and the natural
infrastructure.
Of particular concern are wildlife migration routes, plants and
animals. How are they going to adjust to climate change, and how are
we going to keep the diversity, the natural diversity, within our very
special conservation lands which are very important to our economy?
October 11, 2016
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We're also interested in the human migration routes and how
that's going to impact on conversation lands. We are somewhat
reactive coastally, but we can be very proactive looking inland,
because wildlife and people are going to be moving inland. And the
presentation was focused on Naples, Marco, and Everglades City. And,
yes, I understand that's an immediate concern, but long range we have
to be looking eastward because that's ultimately going to have an
impact as well.
We look forward to participating in this and hope that you will
move forward and look at inland as closely as you're looking at coastal
impacts.
Thank you.
MR. MILLER: Your final speaker on this item is Charlotte
Nycklemoe.
MS. NYCKLEMOE: Good morning. I'm Charlotte Nycklemoe.
I'm president of the League of Women Voters of Collier County.
I'm here to tell you that we're now boasting nearly 200 members,
and our organization, the League of Women Voters, has formally
adopted a position that supports the study of the planning for sea level
rise and its impacts on shoreline communities like both in Collier
County.
We, therefore, offer assistance to provide any assistance to the
adoption and undertaking of the study by the Harvard School of
Design. We recognize the need to have urban planners in addition to
engineers and coastal scientists study the potential impacts and help the
design of resilient solutions.
Thank you very much.
CHAIRMAN FIALA: That's it for our speakers. We have all five
commissioners wanting to speak on this now. And being that I'm
chairman and I'm always supposed to go last, I'm not going to do that.
I'm going to go first because I can make that decision.
October 11, 2016
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Let me just say the presentations were marvelous. They hit so
many important points that we have to consider. Some people say, oh,
I don't believe in sea level rise, but we can see it with our own eyes
because we see the dome houses that used to be on an island where
people rode their horses and the families lived, and now they're in the
middle of the water. I think that's sea level, if you ask me. But,
anyway -- and every time I see it, I think, oh, my goodness, there's
proof. The proof is in the pudding.
I think Harvard, to me -- in my estimation, Harvard is the
premier, premier university in our country, and to have them want to
be a part of this, you couldn't ask for anything more. I'm so
enthusiastic about this, and I support it fully.
I realize that the RPC is great and everything, but when you have
a premier university standing there ready to help us and all we need to
do is possibly throw in, I don't know, some money to it, I think that
that's to our advantage.
And we better start forward thinking. I know our staff -- actually,
they have been working on the fact that they know that waters are
rising, and they have been changing around as far as the infrastructure
goes to try and accommodate some of this. And this study will help
them to determine how best to prepare for the future. We realize it's
the future. Probably none of us will be here but, you know, we're
seeing it very quickly. I read just recently in the newspaper where they
said they thought the sea level was rising at a certain amount, and then
when they actually studied it, it was four times the amount they
thought it was. It was going much faster than they realized. So I think
that's something for us to keep in mind.
And now I'll be a nice Chairman and call on our first speaker of
the commissioners, Commissioner Nance.
COMMISSIONER NANCE: Yes. I will say I would like to give
my praise to staff for this agenda item. I think this agenda item is
October 11, 2016
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actually one of the best organized, concise agenda items I've seen since
I've been in the service of the county. So I'd like to thank them to do
that.
And, you know, within the executive summary and before you get
to any of the backup, there's a listing of, I count, 18 institutions and
organizations and a brief summary of their resources and area of
expertise that are listed here. And in my estimation and in my opinion,
I think that it is going to be take a great deal of work to put information
together and decide which way local government needs to move, and I
think we need to spend a lot of time thinking before we take action.
I don't think at this time we should engage additional monies from
anyone -- and everything Dr. Ardalan said I believe is true, and I
believe what's been said about Harvard is true.
I think we also, within these institutions, organizations, have a
tremendous number of resources available to us, because when you
look at what the role of local government is going to be in solving the
riddle of sea level rise or climate change, either one, what it comes
down to for local government is that we have to put the information
together for planning and then ultimately the expenditure of public
monies to take action where we think we can.
And anybody that assesses the implication of sea level rise,
particularly for a peninsula like Florida is, it doesn't take a lot of
analysis to realize that billions of dollars are going to be spent to
address this situation in many and different ways.
So I believe that the most thoughtful thing we can do and the
most prudent thing we can do is to take this executive summary and
allow staff to put some of these things together in a regional
perspective and decide which direction we're going to travel.
I do not want to minimize the fire power and the horsepower that
Harvard brings to the study, but I can -- brings to this issue, but I will
tell you, honestly, that if you started to talk about expending $350,000
October 11, 2016
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and you let it be known that you were willing to spend $350,000, I
think you could get dozens of very appropriate and interesting
proposals delivered to you for that amount of money.
So I think that discretion is the better part of valor on this issue. I
think we should evaluate what our resources are because we don't have
unlimited resources, and I think we need to think very carefully what
we're going to do and how we should take action. You know, it's easy
to get excited when you realize the severity of the situation, but
running around a thousand miles an hour with our head on fire is not
going to get us very far, because we do have limited resources.
So I think the recognition is here that we have a problem in our
hands. I think the recognition is here that Collier County will be
severely impacted, perhaps, sooner than many, but I think that the wise
course of action is to evaluate all the different inputs that we have
available to us and then to make a decision quite possibly with our
other partners along the Southwest Florida coast in a regional effort so
that we're not independently spending money all in a different
direction, because we're clearly going to have to take regional action
on this if we're going to have any impact.
So that's my thoughts.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. I tend to agree with
Commissioner Nance. And while Harvard is a, you know,
internationally recognized institution of academic repute, in Florida,
for example, the Florida State University's School of Public Policy is
actually ranked higher than Kennedy, which is Harvard's School of
Public Policy.
So I think we would be remiss -- one of the speakers pointed out
that there are other great institutions out there. And I would submit
there are. And I think that if any kind of study were to be done, it
should be competitively solicited. And I think that solicitation should
October 11, 2016
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be based on staff's evaluation of need.
Leo, the Army Corps looks into sea level rise and flooding
impact. I know that we have a floodplain management staff. What has
the Army Corps told us about the imminence of this apocalypse?
MR. OCHS: I'm going to ask Mrs. Patterson to comment on that.
MS. PATTERSON: Amy Patterson, again, for the record.
The 2015 update to the Floodplain Management Plan was based
on Army Corps guidance, and it provided for a moderate rate of rise of
.88 feet by 2060.
Now, since that time there's been additional information, a lot of
new ideas, as some of the speakers alluded to, about ice melt and
thermo expansion, but the Army Corps also has provided information
to us that the IPCC will be convening again in 2019 and have a holistic
look at this.
So part of our recommendation is to go out and see what's
changed since 2015 with respect to the rate of rise including consulting
with the Army Corps to determine if that .88 feet by 2060 is, in fact,
still appropriate for our planning purposes or if there is some kind of
modification required and then, of course, continue to be sensitive to
new and available science.
COMMISSIONER HILLER: So to summarize, there is no
imminent threat, and it doesn't look like, based on what you're telling
us the Army Corps is advising us -- and the Army Corps is studying
this around the nation. In fact, I'm going to bring out another point
with respect to another educational institution and a municipality that's
looking into this.
We are not in need of making that decision today, and by way of
not making that decision today, we are not putting our community at
risk that somehow, like, for example, Mr. Hoppensteadt addressing,
you know, his concerns of imminent threat of harm is -- his fears could
be assuaged.
October 11, 2016
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MS. PATTERSON: The imminent threat of harm would be to
not continue the conversation and to not to continue our planning
efforts.
But, again, we want to make an informed decision because
everything builds off of that rate of rise.
COMMISSIONER HILLER: Yes.
MS. PATTERSON: So while we have -- that's why we've made
recommendations, while we have an adopted rate of rise by way of the
Floodplain Management Plan, it would be prudent to go and collect
additional data to be sure that once we start these efforts, that we are
using the most -- the best available information peer reviewed,
scientifically based.
COMMISSIONER HILLER: Yeah. And I agree with that, so
with that I would support what Commissioner Nance has said and what
you're saying, and that is to continue to evaluate with the assistance of
the Army Corps what is the appropriate planning action and that at that
point in time I would suggest to competitively solicit a study.
To give you an example, the city of Annapolis has sea level rise
concerns. They're working with the U.S. Naval Academy because that
facility obviously, you know, has been built by reclaiming from the
sea.
Now, to put in perspective the cost, their projected outlay is
175,000 including 60,000 from the ar -- which includes 60,000
contributed by the Army Corps, so that is very significantly different
than the projected cost of this proposed study.
I think Commissioner Nance has hit the nail on the head when he
said we need to proceed but proceed prudently and not overreact, but
plan.
MS. PATTERSON: Understood.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: Thank you very much.
October 11, 2016
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Well, I had the opportunity of speaking to City Manager Jimmy
Morales from the Miami Beach city.
And when I read the staff report, which is excellent and very
thoroughly researched -- and I want to thank you for your hard work.
This is fantastic what you did.
So I said to him, why Harvard? And he said, because we're
bringing the best and brightest minds to this issue. He said, the
engineers and scientists are one level of sea level rise, and they're
essential. But what has to happen is the creative overview. And they
said, in the City of Miami Beach, we're building a city for the future,
and we need to have that strong urban planning background to
understand what it's going to take to build a city for the future.
He said that they updated their stormwater master plan in -- talk
about money. They updated their stormwater master plan in
2012/2013, and they have ACOM (phonetic) in there reviewing it with
a peer review, and they're bringing more money to the scientists and
the engineers. But Harvard is -- what they're doing over there and how
they're approaching it is a creative overview and input that is to create
a more resilient city for the future.
And I believe that's what Harvard's going to do here, and I think
it's something that -- we don't need a Rolling Stone Magazine article to
wake us up. Hopefully we won't have one. City of Miami Beach did.
But, clearly, I'm very pleased to see this there is an acknowledgment
on this commission that sea level rise is an issue. I think we just need
to make another step.
CHAIRMAN FIALA: Thank you. And, Commissioner
Henning?
COMMISSIONER HENNING: Yeah, I agree, Commissioner
Taylor. I don't understand how the Corps of Engineers can say that
we're going to have a sea level rise of less than a foot by 2060. I see it
every day. In fact, my boat depends on that rise, you know, and it
October 11, 2016
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better be rising more than a foot for me to ride the tide.
But, anyways, you know, we can't sole source this item. It's
impossible. There are more firms, private firms, that provide this type
of work. There are more sources than you can shake a stick at. In fact,
I think the Obama administration said -- had a grant to find what man
caused climate change -- not what causes climate change but what man
has caused in climate change.
So there's a lot of people out there that can look at this. And it's
not a sole-source issue. You know, and it has to be like Commissioner
Hiller said, competitively bid for -- to spend taxpayers' money, and
that's our ordinance. That's law. So I agree.
So I'm going to make a motion to recommend staff's --
COMMISSIONER HILLER: I'll second it.
COMMISSIONER HENNING: -- recommendation. And
hopefully the tide will rise.
COMMISSIONER NANCE: I will second your motion,
Commissioner Henning.
CHAIRMAN FIALA: Well, staff's recommendation was going
to RPC. I wonder if the governor eliminates that RPC altogether
because he's been working in that -- toward that anyway, is my opinion
on that.
COMMISSIONER HENNING: You should ask him.
CHAIRMAN FIALA: And so I don't know how the RPC can
help at all. I feel sorry for them, because they're a good organization.
It's just they've dwindled down to nothing.
Anyway, one of the things with the Harvard, in my opinion -- no,
it isn't my opinion. This is exactly what I've learned -- is Harvard will
be focusing just on Collier County. Won't focusing on the state of
Florida or anything else. They're going to be -- because our topography
is totally different than the other coast. In fact, totally different than
the middle of the state and probably different than Lee County. I didn't
October 11, 2016
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know that, but anyway, they're going to be focusing on our area.
Another thing that I was very impressed with, with Harvard, is
they're going to combine all of these people that we saw on our
executive summary. They're going to combine everybody to work
together, and they're going to glean from each one facts and so forth
and put that all together.
And I feel that -- it isn't asking much. I don't know if this would
even help, but I would suggest we put in about $100,000. They're
getting 50,000 from somebody else. They will probably get many more
people. Because there are a lot of people that are very concerned right
now with preparing for the future, and they might also want to donate.
And so that's what I would have done. I realize the motion is not -- is
not that at all.
But -- and the motion, as it is, saddens me, because I think this is
an opportunity, a rare opportunity, and if we don't grab it, we're going
to lose -- we're going to lose -- we're going to lose one of the best
things we could have ever had. But, anyway, that's my two cents.
I have a motion on the floor. Commissioner Henning?
COMMISSIONER HENNING: Yeah. Commissioner Fiala, our
procurement ordinance prohibits things of this nature. I mean, you
can't just give public dollars to a firm or somebody providing a product
unless it is truly sole source. And there's so many firms out there or
universities or other agencies that provide these services. So it can't be
sole sourced.
CHAIRMAN FIALA: At free of charge, right?
COMMISSIONER HENNING: They have to do it free of
charge.
CHAIRMAN FIALA: Uh-huh.
COMMISSIONER HENNING: I mean, that's the ordinance
we've been working on for years.
CHAIRMAN FIALA: I just hate to see us miss an opportunity
October 11, 2016
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that would have been great.
COMMISSIONER HENNING: Well, you don't know unless you
go out there and ask what kind of services would you provide or write
the specifications for a bid and pick the best qualified.
CHAIRMAN FIALA: Well, we have the best qualified sitting
right here in this proposal.
COMMISSIONER HENNING: How do you know that?
CHAIRMAN FIALA: Well, because they're revered throughout
the whole country and they're considered the premier university in
urban planning.
COMMISSIONER HILLER: No, they're not.
CHAIRMAN FIALA: Yes, they are.
COMMISSIONER HILLER: One of them.
COMMISSIONER TAYLOR: Yes, they are. No, "the."
CHAIRMAN FIALA: But anyway, I realize I'm outnumbered. I
can see it. I just felt that I needed to make this -- take this position and
support this position because we're missing a lot by not doing it.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I don't think that this
discussion is going to terminate our relationship with any of these
institutions going forward. I think this is going to be a very dynamic
topic. New techniques and new evaluations are being made every
year. I mean, my wife Gail's brother was a pioneer in remote sensing
and imaging that helps us get a handle on what's actually occurring,
what exists today, what the trends are and so on and so forth.
And I believe we just need to move in a very calculated and
deliberate manner because I think things are going to change very
rapidly on this actually, and I think we're going to have to adapt our
methodologies going forward.
So, you know, I mean, if people are in a panic -- I'm not surprised
that Florida is potentially influenced by rising waters. You know,
October 11, 2016
Page 55
you've heard me joke, and it's not really funny, but I went in my
backyard with Gail yesterday, and I found another conch shell in my
backyard, and I'm 18 miles inland, okay. There's a conch shell in my
backyard. So the fact that the water's been here in the past is indicative
that it may one day be here. And, really, the cause doesn't matter.
So if that's going to occur, I can tell you what your strategy's
going to be. You're going to leave. You're not going to be able to fight
off 15 feet of rising water. I don't care what you do, how much
planning you've got or how much urban studies you've done, rising
water is no joke.
So we have to simply determine where we are, what institutions
we have. We've got a bunch of them. There's going to be a lot of state
and federal money that's going to be spent in our behalf. I think we
need to take advantage of those monies and coordinate those agencies
to say work in a direction that helps us decision make.
And I believe that Commissioner Fiala and Commissioner Taylor
are going to revisit this many times in future meetings and service. So
I'm not -- I'm not overly terrified by the prospects going forward.
I think this agenda item actually sets us on a very good track,
much -- I mean, remember what we do with our transportation
planning. We've a 2040 Long Range Transportation Plan. Well, we're
going to need something like this for planning our response to this
threat. And we're going to have to adapt it on a regular basis. We're
going to have to come up with a series of assumptions, and we're going
to have to respond to those assumptions as they change going forward.
So I believe having a plan is good, but I don't think we need to act
out of immediate fear that if we don't do something, some tragedy's
going to befall us. I think establishing our methodology is much more
important now since we're new at it; establishing our methodology is
much more important than any single action we could take.
CHAIRMAN FIALA: Well, what is our method?
October 11, 2016
Page 56
COMMISSIONER NANCE: Well, ma'am, we need to bring all
these -- in my opinion, we need to bring all these institutions and
sources together and figure out who's going to do what, how we're
going to work together, and they're all independently doing different
things. We need to figure out how they impact our decision making in
Collier County. And they're all our partners. Every one of those
groups, institutions, organizations that are listed are partners we're
already working with.
So I just think getting those together -- and, you know, it's been
suggested that the Regional Planning Council is the clearinghouse for
doing that. If it can't be them, it could be another regional entity or a
regional effort to do so because all the other counties I know,
particularly the coastal ones in Florida, are doing the same thing that
we're doing. They're trying to come together and figure out how
they're going to address it because, frankly, we have very limited
resources for something of the magnitude that we're talking about
down the road.
So I don't think we can afford to start off and take a misstep. I just
think that engaging somebody to do a study at this time is premature
because I don't think we really know yet where the gaps are in the
information that we have and who should best fill those gaps, so...
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. And I just want to be clear
for the record that, you know, obviously Harvard is an outstanding
institution, and we all --
CHAIRMAN FIALA: Didn't you come from there?
COMMISSIONER HILLER: No.
CHAIRMAN FIALA: Oh, I thought you did.
COMMISSIONER HILLER: No, but thank you for thinking so.
I feel very good about that.
No. But, again, this does have to be competitively let, and there is
October 11, 2016
Page 57
no way without a competitive solicitation based on a plan established
by staff having evaluated information from sources such as the Army
Corps -- it just would be imprudent to advance at this stage and make a
commitment to one institution without following what we do in every
instance with respect to all of the myriad of very important issues that
face our community, this being one of them.
So I'd like to call the question.
CHAIRMAN FIALA: You've got it.
COMMISSIONER HILLER: And I do support what both
Commissioner Henning and what Commissioner Nance have said
today.
CHAIRMAN FIALA: And I'll just say for the last part, as we call
this question, that I don't know who in our staff has enough time to be
coordinating with all these institutions when they've all got so many
other parts -- other jobs that they have to focus on as well. And can
they do the job that they're supposed to do? They would love to. I
mean, you know me, I'm probably the biggest admirer of staff, but they
just -- they don't have enough time. They're already stretched to the
limits, and to be able to coordinate with all of these facilities and pick
out the things that are best just for Collier County, not what's
happening in the rest of the state, I think is a wrong way to go, and I
don't know that it's going to be productive.
But, anyway, I call the question. All in favor, signify by saying.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: And opposed?
Aye.
Thank you.
COMMISSIONER HENNING: Let's take a break.
October 11, 2016
Page 58
CHAIRMAN FIALA: You've got it. We will take a break. See
you back here at 11 o'clock.
(A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mic.
CHAIRMAN FIALA: Thank you. Everybody has taken their
seat. We will move on.
MR. OCHS: Commissioners, that takes us back to the regular
portion of your agenda.
Item #10A
DIRECT COUNTY ATTORNEY TO USE ANY NECESSARY
LEGAL RECOURSE TO ENFORCE THE BOARD OF COUNTY
COMMISSIONER'S 2003 AGREEMENT WITH SOUTH FLORIDA
WATER MANAGEMENT DISTRICT MANDATING ALL ROADS
IN THE PICAYUNE STRAND STATE FOREST ARE TO REMAIN
OPEN FOR FREE PUBLIC ACCESS TO THE PRESERVE AND TO
AUTHORIZE THE BOARD CHAIRMAN TO SUBMIT A LETTER
FOR EXPLANATION TO THE GOVERNOR ON THE SFWM
DISTRICT'S REFUSAL TO MAINTAIN PICAYUNE ROADWAYS
– APPROVED
The next item is Board of County Commissioners Item 10A. This
is a reconsideration request of previous Item 10A from your September
27, 2016, board meeting relative to Board direction to take legal --
potential legal action with regard to the 2003 agreement with the South
Florida Water Management District.
Commissioner Taylor has brought this item forward, Madam
Chair.
MR. KLATZKOW: And just for the record, we've got a number
of public speakers who have signed. We do not take public speakers on
October 11, 2016
Page 59
a motion of this type. It is not a public hearing. There's no debate on
it. The debate will be when -- if the Board so chooses when it's
brought back.
CHAIRMAN FIALA: Thank you.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: Okay. So I just -- for those of
you who haven't read the agenda, and I don't suspect many of you
have, I would like, again, to publicly thank Commissioner Henning for
his hard, hard work on this.
I can't imagine being Chairman of the commission at the time
when this deal was struck in 2003 and listen to the uproar and disbelief
by many of the people who lived on this land or at least used this land,
that it was changing; that this land would no longer be accessible at
least immediate, but in the future it would, and then fast forward 13, 15
years later to find that there are no accessible roads, that we didn't have
the AV (sic) park that was promised; that the terms of this agreement
were not met.
And so I respect and, again, applaud Commissioner Henning for
bringing this forward. I think it was extremely important, because
what it's done is raised this to the level of, the agencies involved,
scrutiny.
And I have talked to South Florida Water Management,
Tallahassee office, and they are -- I guess they were going to come in
town last week but, unfortunately, the hurricane changed it. But,
clearly, there is a willingness on the part of the agencies to come
together. That's my understanding from our County Attorney who
went and looked at this land personally. There's a lot of construction.
It's not really accessible at all.
But I can assure, Commissioner Henning, if this reconsideration
motion passes that this commissioner will be dogged in determination
October 11, 2016
Page 60
that the terms of this agreement are lived up to. But I do feel at this
time it might be a rush to go into court and to attorneys and to get
another court fight, and I just don't think it's going to be fruitful.
What we want are results. We do not want a court fight. And so
I'm -- that's why I'm asking for my colleagues to agree to a
reconsideration at this time.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. Well, the debate on the
reconsideration is the time that the Board actually votes on the
reconsideration, and maybe you can compel the Board and the public
why we shouldn't live -- force the district to live up to their agreement.
So I'm going to vote in favor of your reconsideration and look for
that explanation in why we're not holding government's feet to the fire.
COMMISSIONER TAYLOR: All right. Wonderful.
CHAIRMAN FIALA: So do you want to make a motion then?
COMMISSIONER TAYLOR: I'd like to make a motion to
reconsider this agenda item, which I don't have in front of me; if
someone could help me with that so I can be clear.
COMMISSIONER HENNING: Move to approve Item 10A.
MR. OCHS: 10A.
COMMISSIONER TAYLOR: 10A. Move to approve the
reconsideration under Item 10A. Do I hear a second?
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Okay. I've got a motion and a second.
Any further conversation on this item?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: (Absent.)
October 11, 2016
Page 61
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you very much.
COMMISSIONER TAYLOR: Very good.
CHAIRMAN FIALA: Okay. We will be bringing that back.
MR. OCHS: Madam Chair, I think 10C was brought by
Commissioner Hiller. Since she's not on the dais right now --
COMMISSIONER HENNING: I'll speak on that if you want.
MR. OCHS: Why don't I move along, ma'am, to --
COMMISSIONER HENNING: Let's hear 10C. I mean, this was
an advertised meeting, right? Everybody knew that it was going to start
at nine.
MR. OCHS: Pleasure of the Board, ma'am.
CHAIRMAN FIALA: I don't know where she is.
COMMISSIONER TAYLOR: Well, this is a procedural
question. You're the chair.
CHAIRMAN FIALA: Yeah, you're right, and the ball is in my
court. I would prefer to go on to the next item, which is 11A.
Item #11A
RECOMMENDATION TO CONSIDER THE COUNTER-OFFER
AND PURCHASE OF THE OFFICE BUILDING OWNED BY
COURTHOUSE SHADOWS CONSOLIDATED HOLDING INC.,
LOCATED AT 3375 TAMIAMI TRAIL EAST – MOTION TO
MAKE A COUNTER OFFER OF $1,353,000 W/CONDITIONS
AND THE STIPULATION OF INSPECTION RESULTS WITH AN
AGREEMENT TO BE BROUGHT BACK TO THE BOARD FOR
APPROVAL – APPROVED
October 11, 2016
Page 62
MR. OCHS: That's a recommendation to consider the
counteroffer and purchase of the office building owned by Courthouse
Shadows Consolidated Holding located here on the county government
complex.
Ms. Price will make the presentation.
MS. PRICE: Good morning, Commissioners. Len Price,
Administrative Services Department Head, for the record.
This item was brought to you primarily because it's right on our
or adjacent to our property, and it's come up for sale. I wanted to make
sure that you were given a complete opportunity to consider the sale.
At this time the buyer -- I'm sorry. We are the buyer. The seller
has given us a counteroffer of $1.395 million. The appraised value
that we were given was 1.21. This is a decision -- policy decision for
yourselves to make as to whether you want to accept or reject.
We could make a further counteroffer, but I've been told that they
won't accept anything, that this is their bottom offer but, you know,
you could certainly direct us to attempt that if you so choose.
MR. OCHS: Madam Chair, I think -- I just -- I think we may
have a speaker on this as well. 11A?
MR. MILLER: No.
MR. OCHS: Okay. No speakers. Very good.
CHAIRMAN FIALA: Okay. Thank you. I don't know. I've got
three lights on.
Commissioner Taylor?
COMMISSIONER TAYLOR: Well, that was my question. I
think we need to meet in the middle. I mean, it's, you know, maybe
another 50,000 or something, but -- I know what they say, but that's
what I would support, going back.
CHAIRMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yeah. I was going to make a
motion that -- you know, there's a substantial difference between the
October 11, 2016
Page 63
appraised value and the asking price. I was going to make a motion to
-- I don't know if the -- if the property owner's agents is here, there's
anybody here that can speak for the owner, but I was going to echo
what Commissioner Taylor just said and just say we'll split the
difference, which would be a million 353.
CHAIRMAN FIALA: Commissioner --
COMMISSIONER NANCE: That's just to split the difference
between the appraised value and the original asking price. I think that
would be fair to both.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Am I under the -- so we made an
offer of 1.2 --
MS. PRICE: Yes.
COMMISSIONER HENNING: -- and change? What was the
condition for that 1.2, for the building?
MS. PRICE: I'm sorry. I'm not sure I understand your question.
COMMISSIONER HENNING: Well, I mean, you know, does it
include furniture, repainting, remodeling, or termite inspection, things
of that nature? I mean, you know, you put an offer on a house, and it
has contingencies of, you know, I can move into it and it's livable and
the roof is not going to cave in or something like that.
MR. OCHS: Go ahead, Toni.
MS. MOTT: For the record, Toni Mott, Real Property
Management.
The offer that we made was at appraised value. The counteroffer
that came back --
COMMISSIONER HENNING: As-is?
MS. MOTT: As-is. And we'll have to have an inspection done.
That was part of the executive summary also.
COMMISSIONER HENNING: You're going to have an
inspection -- part of the --
October 11, 2016
Page 64
MS. MOTT: Part of our due diligence, if the Board chooses to
move forward and an agreement is prepared --
COMMISSIONER HENNING: Did I miss -- is the contract in
here?
MS. MOTT: No.
COMMISSIONER HENNING: Okay. So the offer is not in the
-- in our agenda packet. And so we're buying it as-is? Is that what --
MS. MOTT: With -- excuse me. I'm sorry. With the right to
inspect. That would be part of our due diligence. If something comes
up in the due diligence in the inspections that would preclude us from
purchasing it, if there's an issue, then we would not move forward if it
couldn't be remediated.
COMMISSIONER HENNING: Okay. Well, I would imagine if
you're going to pay over what the value is, you would want a
working-condition product, and that isn't what the offer was.
So I can support a counteroffer as long as it is up to code, let's
say, and that you're not in immediate of (sic) repair of the building.
Are we planning on utilizing the building?
MR. OCHS: Yes, sir. We ultimately will. There's some tenants,
as we pointed out when we brought this item to you at the last meeting.
There are some current leases that are running for the next few years.
We would then -- that income would come to the Board, and we would
use that, you know, to offset future maintenance or any renovation that
we'd want to do when we move county operations into there.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: That's what I would support.
COMMISSIONER TAYLOR: Did you make a motion?
CHAIRMAN FIALA: Let's see.
COMMISSIONER NANCE: I just discussed the, you know,
making a counteroffer. I'm just --
October 11, 2016
Page 65
COMMISSIONER TAYLOR: Make a motion.
COMMISSIONER NANCE: I'll make a motion to make a
counteroffer to split the difference, meaning the purchase price of
$1,353,000, and incorporate Commissioner Henning's caveats and
suggestions as to the stipulations of the offer.
MR. KLATZKOW: So it's as-is as long as it's to code; is that the
offer?
COMMISSIONER HENNING: Well, it's not as-is because as
long as it --
MR. KLATZKOW: Well, so it has to meet code, so if you've
only got two useful years left on your roof, for example, it would meet
code, but you're going to have roof repairs. So what I'm saying is --
COMMISSIONER HENNING: Well, okay. But I also said that,
you know, that it is in usable condition. I mean, we're going to go in
there and probably, what, change walls and --
MR. OCHS: Depends on the occupant, sir. It's too premature
really to say. I mean, there's office operations in there right now. We
may be able to move in there with relatively little cost. Until we know
who the occupant's going to be, it's hard to say exactly what the floor
plan's going to look like.
COMMISSIONER HENNING: Commissioner Nance, what's
your thoughts about usable -- the building is -- I mean, you don't need
to have -- replace the carpets, replace the roof, and stuff like that.
COMMISSIONER NANCE: Well, I don't think we need to get
into modifying the usable space of the building, but I know that
virtually all real estate purchase contracts that I'm aware of allow a due
diligence period to inspect to see if there are --
COMMISSIONER HENNING: Contingent -- you want to put
contingent on inspection?
COMMISSIONER NANCE: Oh, absolutely. In the normal
provisions, I'm sure that our real estate group has as far as purchase
October 11, 2016
Page 66
allow us to go in to inspect to make sure there aren't, you know,
unusable conditions or that the property is being represented as, you
know, having integrity when, in fact, it's got major defects or
something that's going to stop us from, you know --
COMMISSIONER HENNING: Well, my understanding what
the offer was, as-is, and if you put a contingency on a counteroffer of
that and it meets all codes, and that we have a right to inspect and
based upon the inspection, there might be other comments on --
MR. KLATZKOW: Do you want the Gruben (phonetic) report
back to the Board?
CHAIRMAN FIALA: May I ask a question? Have you talked to
any of the tenants? Is anybody having a problem? I mean, the tenants
don't want to leave. I mean, they're happy to be there. So they must --
the building must not be in very bad shape. Not only that, I remember
what that used to -- well, it used to be a Texaco gas station a long time
ago, then they tore that down. Instead of becoming part of the
government center, and they built this building. So I don't know, is it
any older than 20 years? I don't think. So that's a good thing also.
MR. OCHS: Anytime we acquire property, we do complete due
diligence, including title search and inspection or --
COMMISSIONER NANCE: You've got a right to do a Phase 1
environmental audit to inspect the facilities and so on and so forth.
That, I think, travels with any transactions that are professionally
accomplished.
MR. OCHS: Correct.
CHAIRMAN FIALA: Great, great. I just wanted to -- because
the building -- the capability of the building to be stable and so forth
has become an issue a little bit. I just wanted to assure everybody that,
you know, people wouldn't want to stay there if they were having a
terrible time in it or if it had mold or if it had mildew or whatever it
would be. And the building isn't that old either. I think people need to
October 11, 2016
Page 67
know that.
Commissioner Taylor?
COMMISSIONER TAYLOR: Oh, no. I spoke before.
CHAIRMAN FIALA: Okay.
COMMISSIONER TAYLOR: So do we have a motion? What
did you --
CHAIRMAN FIALA: No, we don't have a motion.
COMMISSIONER NANCE: I made a motion to make a
counteroffer of $1,350,000 --
COMMISSIONER TAYLOR: Second.
COMMISSIONER NANCE: -- which is an exact splitting the
difference between the appraisal offer and -- you know, you can figure
out what "split the difference" is. It's in the area of --
COMMISSIONER TAYLOR: It doesn't have to be --
COMMISSIONER NANCE: -- a million 353.
COMMISSIONER TAYLOR: Plus or minus.
COMMISSIONER NANCE: And to Commissioner Henning's
request to make sure that our due diligence affords us the opportunity
to inspect the properties and --
COMMISSIONER HENNING: Meets code.
COMMISSIONER NANCE: -- it meets code.
MS. PRICE: That will all be in the contract if the offer is
accepted.
MR. KLATZKOW: I just want this for clarity, absolute clarity,
that assuming that the owner accepts the offer, that's just as to the
terms of how much money we're paying. Staff will negotiate our
standard agreement and then bring the agreement back -- the final
agreement back for Board approval.
MR. OCHS: Yes. That's our intention, yes.
MS. PRICE: Correct.
COMMISSIONER NANCE: So that's my motion. And,
October 11, 2016
Page 68
Commissioner Henning, are you the second?
COMMISSIONER HENNING: Yes.
COMMISSIONER TAYLOR: I'm second. Oh, you did?
COMMISSIONER NANCE: I'm sorry.
COMMISSIONER TAYLOR: Did you second it, sir?
COMMISSIONER HENNING: I don't care.
COMMISSIONER TAYLOR: Okay. I'll second it.
CHAIRMAN FIALA: Okay. I have a motion and a second. Any
further comments?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: And opposed, like sign.
(No response.)
CHAIRWOMAN FIALA: Okay. Thank you.
MR. OCHS: Madam Chair, I know you have one speaker on 11B
who indicated he has to leave. I didn't know if you wanted to take that
before you got to Item 10A or not. Pleasure of the chair and the Board.
CHAIRMAN FIALA: Sure. Everybody's agreeing up here, so...
Item #11B
RECOMMENDATION TO AWARD INVITATION TO BID #16-
7009 – 2016 BEACH RENOURISHMENT – HAULING AND
PLACEMENT CONTRACT TO EARTH TECH ENTERPRISES,
INC., IN THE AMOUNT OF $2,494,334 TO TRANSPORT, PLACE,
AND GRADE APPROXIMATELY 19,842 TONS OF BEACH
October 11, 2016
Page 69
QUALITY SAND TO THE SOUTH MARCO ISLAND BEACH
AND 116,000 TONS OF BEACH QUALITY SAND TO
VANDERBILT, PARK SHORE, PELICAN BAY AND THE
SUGDEN LAKE BEACHES, AUTHORIZE NECESSARY BUDGET
AMENDMENTS, AUTHORIZE THE CHAIRMAN TO EXECUTE
THE AGREEMENT, AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM – APPROVED
MR. OCHS: Thank you, Madam Chair. This relates to Item 11B.
This is a recommendation to award an invitation to bid for beach
renourishment hauling and placement contracting to Earth Tech
Enterprises, Incorporated, in the amount of $2,494,334 to transport,
place, and grade both the South Marco Island beach and the
Vanderbilt, Parkshore, Pelican Bay, and Sugden Lake beaches.
Mr. McAlpin can make a presentation or respond to Board
questions.
MR. McALPIN: Would you like some -- a summary, just a brief
summary on this project, Madam Chair?
CHAIRMAN FIALA: You can, and then we have some
speakers. How many speakers do we have?
MR. MILLER: We have one registered public speaker, ma'am.
CHAIRMAN FIALA: Okay, very good.
COMMISSIONER HILLER: I don't think we really need a
presentation.
COMMISSIONER NANCE: Somebody make a motion.
COMMISSIONER HILLER: I make a motion to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Okay. Motion and a second to approve.
Who is our speaker?
MR. MILLER: Your speaker is Ed Staros.
CHAIRMAN FIALA: And he's waving no.
October 11, 2016
Page 70
COMMISSIONER TAYLOR: Are you going to talk us out of it?
MR. STAROS: If you already approved it, I'm just here to
support it. That's all.
CHAIRMAN FIALA: Oh, you are. Okay, great. Thank you very
much for being here, Mr. Staros. I appreciate that.
Okay, fine. We have a motion on the floor and a second. The
speaker waives. And all in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: Opposed, like sign.
(No response.)
CHAIRWOMAN FIALA: Good. Moving on.
MR. McALPIN: Thank you, Madam Chair.
CHAIRMAN FIALA: Good presentation, Gary.
MR. OCHS: Thank you, Commissioners, for your consideration
on that.
Item #10C – Additional Discussion Later in Meeting
RECOMMENDATION TO DIRECT STAFF TO (1) EVALUATE
WHETHER THE CODE OF LAWS AND ORDINANCES SEC. 130-
79 SHOULD ALLOW PUBLIC PARKS AND BEACH ACCESS
PARKING TO SUPPORT A BROADER RANGE OF LAND USES;
(2) TO EVALUATE THE NEED FOR AN AMENDMENT TO
LAND DEVELOPMENT CODE SECTION 4.05.04 F.2 TO
SUPPORT SHARED PARKING FOR COMPLEMENTARY
BUSINESSES, PARTICULARLY NEAR THE BEACH; AND (3)
TO PROVIDE A STAY ON ANY CODE ENFORCEMENT
October 11, 2016
Page 71
ACTION FOR ADMINISTRATIVE PARKING REDUCTIONS
APPLICATIONS UNTIL THE AFOREMENTIONED ISSUES ARE
EXAMINED BY STAFF AND PRESENTED TO THE BOARD –
MOTION TO APPROVE AND BRING BACK
RECOMMENDATIONS – APPROVED; MOTION FOR THE
COUNTY ATTORNEY TO PLACE A REQUEST TO ADVERTISE
A PROPOSED ORDINANCE ON THE NEXT BCC MEETING
AGENDA FOR SUBSEQUENT ADOPTION AT THE
FOLLOWING BCC MEETING – APPROVED
We'll go back now to Item 10C. This is a recommendation to
direct staff to, No. 1, evaluate whether the Code of Laws and
Ordinances should allow public parks and beach access parking to
support a broader range of land uses; No. 2, to evaluate the need for an
amendment to the Land Development Code to support shared parking
for complementary businesses particularly near the beach; and, No. 3,
to provide a stay on any code enforcement action for administrative
parking reduction applications until the aforementioned issues are
examined by staff and presented to the Board.
Commissioner Hiller has placed this item on the agenda, Madam
Chair.
COMMISSIONER HILLER: Thank you.
The reason I brought this forward is because we are committed to
economic development by way of tourism. And we have facilities that
have been built with tourist development tax dollars that that should
appropriately be used to advance the tourism industry.
I'm concerned about the parking issue and the physical limitations
that we have with parking when we have public parking facilities that
have been funded with tourist tax dollars that are not being used
towards that end. I'm also concerned about the -- a similar situation
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which is going to arise in the Bayshore area. We're looking to gentrify
that whole triangle. And one of the limitations we have over there is
parking. And I don't want development to be limited, for example, in
Bayshore because of parking limitations which can be compensated for
through alternatives like public parking facilities.
So I was hoping that the Board would look at my
recommendation and direct staff to do exactly what the County
Manager has described so that we properly use these facilities built
with tourist tax dollars to promote the tourism businesses that are in the
neighborhood of, for example, the parking garage built with tourist
dollars, as in the case with Vanderbilt, and to properly consider that
parking requirements should be thought of differently for areas where
we are looking to promote tourism like the Vanderbilt corridor and
Bayshore.
CHAIRMAN FIALA: Okay. But parking garage for beaches, I
think, is what we're really focusing on right now.
COMMISSIONER HILLER: Well, the parking garage is not just
for beaches. The parking garage was with tourist tax dollars to promote
tourism, and it has been used by the beachgoers and has, in our code,
been limited only to the beachgoers, which is unrealistic.
CHAIRMAN FIALA: So what you're saying -- I'm trying to
make sure I understand what you're saying.
COMMISSIONER HILLER: Sure.
CHAIRMAN FIALA: And what you're saying is the parking
garage should be used for more than just beachgoers.
COMMISSIONER HILLER: Yes.
CHAIRMAN FIALA: It's for anybody that goes down there that
wants to buy a drink or --
COMMISSIONER HILLER: Of course, of course, for tourism. I
mean, for any of the tourist-related businesses, whether it's a hotel or a
restaurant or the beach. I mean, tourist tax dollars were used to build
October 11, 2016
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that parking facility, and it was not intended that that only be used for
the beachgoers.
In fact, I don't see how we can control someone who parks in that
garage and tell them you can only go to the beach and you can't go, for
example, to the Turtle Club for a drink.
CHAIRMAN FIALA: Okay. I understand.
COMMISSIONER HILLER: Yeah.
CHAIRMAN FIALA: Okay. Commissioner Taylor?
COMMISSIONER TAYLOR: And I think that's -- I think
Commissioner Hiller makes a very good point. I mean, the issue is
how you can enforce it, but I do think it needs to be enforced.
Parking is the most important thing businesses have to consider
when they're developing. And I know from my experience on the City
Council where everything is -- a lot of businesses abut residential, and
the issue of how are we going to allow businesses to thrive and what
do we do about the parking, and then parking becomes a detriment to
the folks who live there.
So I think there's -- I think we have very strong and very
important codes that I would hate to have evaluated for business at the
detriment of residential. So I'm really not in favor of this.
COMMISSIONER HILLER: This is not at the detriment of
residential. It's the opposite. You've misunderstood. This is exactly
the opposite.
This eliminates parking on streets, and what it does is it allows
the parking -- the public parking facility to be used for economic
development, which is what's done everywhere. It's done in the City of
Naples. It's done in -- on Fort Myers Beach. This is how businesses
can continue to function without being a detriment to the neighbor.
Now, we have zoned those areas as commercial. We have made
the decision to promote the tourism industry along those corridors. To
October 11, 2016
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turn around and then deny their ability to do business when, for
example, that parking garage, which was used by tax dollars they
contributed as someplace their customers could park -- in other words,
how are you controlling someone walking from the parking garage to
the beach and then crossing the street and having a sandwich or -- I
mean, do you have, like, Code Enforcement controlling these people
that go to the beach and say, no, you can't cross the street and eat.
COMMISSIONER TAYLOR: No. I think that's a very
important argument. I think we have to figure out how to do it, but to
throw away -- to say that businesses can use public parking in order to
expand their businesses -- and I think specifically --
COMMISSIONER HILLER: No, no, that's not -- that's not what
--
COMMISSIONER TAYLOR: Well, I think we're talking about
the Beach Box, and I think the issue --
COMMISSIONER HILLER: We're talking about all the
businesses down the corridor. They're all in the same situation, all of
them. I mean, whether it's the Turtle Club, LaPlaya, The Lighthouse,
the real estate offices there, there is inadequate parking on any of those
facilities.
Now, the Beach Box applied for a variance and was granted that
variance, and that variance, in the case of the Beach Box, wasn't
limited to -- because of the garage. My concern is for that whole
corridor.
Now, you've got the same issue in Bayshore, and we're going to
end up building a parking facility down on Bayshore. And you've got
-- you, yourself, have spoken about the businesses that are establishing
along Bayshore. You've got restaurants and clubs and different
initiatives going on down there, and we're trying to gentrify that whole
corridor. What are you going to say that, you think, people that go to
the 360 Market can't use a public garage because 360 can only do
October 11, 2016
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business as limited to the number of parking spots that narrow piece of
land has?
COMMISSIONER TAYLOR: I don't think that's -- I don't think
that's a germane argument.
COMMISSIONER HILLER: It is. That's exactly what's going to
happen.
COMMISSIONER TAYLOR: No.
COMMISSIONER HILLER: And we have that -- and like I said,
this is a practice that's adopted everywhere. So, I mean, to sit there and
say that these businesses, you know, can't avail themselves of the
parking garage is wrong.
COMMISSIONER TAYLOR: I disagree. I think we have strong
ordinances. I think we have a very sensitive and precarious balance
that we have to maintain, and I think parking defines it and how we
allot that parking. And I think businesses that establish in an area are
-- they have to follow our codes, and that's just the way it is. Now, I
know it's a conundrum with the Beach Box, but at the same --
COMMISSIONER HILLER: It's not a conundrum with the
Beach Box. It's a conundrum for that whole corridor.
COMMISSIONER HENNING: I have a solution.
CHAIRMAN FIALA: Good. Let's hear it.
COMMISSIONER HENNING: That you direct the County
Manager to hire 10 parking investigators.
COMMISSIONER HILLER: I agree.
COMMISSIONER HENNING: And those investigators, all they
do is follow people to see what they do besides using our facility. You
know, the ironic thing is the parking garage at this facility is used for a
flea market every Friday.
COMMISSIONER HILLER: Oh, really?
COMMISSIONER HENNING: Yeah. Every Friday on this
property it's used for the flea market. You can buy honey. You can
October 11, 2016
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buy tomatoes. You can buy eggs. You can buy --
COMMISSIONER HILLER: Is that prohibited by the ordinance?
COMMISSIONER HENNING: I mean -- but it's a public
facility. That's my point --
COMMISSIONER HILLER: Right.
COMMISSIONER HENNING: -- Commissioner Hiller.
COMMISSIONER HILLER: No, you're absolutely right.
COMMISSIONER HENNING: And then, Commissioner Hiller,
you should remember this, that facility, that piece of property was
WCI's property, and we signed an agreement with WCI, the
foundation, that the Ritz can use that parking facility for special events,
special occasions, that same facility under question that these two
ladies are talking about, that another business can use it.
However, I do agree the people utilizing that particular parking
garage are not parking there for -- to go to the businesses over there,
but that -- this ordinance prevents me from going and having a glass of
wine and enjoying the sunset at the Turtle Club. I can't do that, you
know.
But I remember a county commissioner wanted to build a short
pier over there to provide the wine and the beer so private business
can't.
COMMISSIONER HILLER: Yeah. And we as a board said that
we wouldn't support that because we wanted to support the tourism --
COMMISSIONER HENNING: Private business.
COMMISSIONER HILLER: -- industry along that corridor and
encourage the private businesses that were there to provide the services
to the beach-going community.
COMMISSIONER HENNING: That facility, again, is -- they're
not parking there to go to those facilities. Those facilities --
COMMISSIONER HILLER: Have the walk traffic.
COMMISSIONER HENNING: Yeah. And they are supporting
October 11, 2016
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the tourists and the residents that are using our facilities.
COMMISSIONER HILLER: No, you're absolutely right. And
it's just ridiculous for us to have a law that says, if someone wants to
park -- and you're right, those businesses are getting the walking traffic
from across the street, notwithstanding if someone were to park in that
garage and decide, I'd like to go have a drink at the Turtle Club or the
Beach Box or go visit Mari Vesci in her real estate office, that
somehow -- oh, by the way, is the violation of an ordinance a criminal
act? Should they be arrested?
COMMISSIONER NANCE: No.
COMMISSIONER HILLER: Oh, I'm just curious. I mean,
should we arrest someone who walks from the parking garage to Mari
Vesci's office? I'm just curious.
MR. KLATZKOW: That would be a question for the Sheriff,
but...
COMMISSIONER HILLER: Oh, okay, yeah. So the point being
is, it's -- it is -- and that's why I recommend that we direct staff to
evaluate this and then bring it back to the Board and in the meantime
provide a stay on any code enforcement action with respect to anyone
along that corridor. And it's really a direction to ask staff to come
back.
I'm not asking for any decision to be made right now, but I think
it would be remiss of us -- and, quite frankly, based on what you're
saying, Commissioner Henning, I think we have a problem. If we're
treating similarly situated businesses with respect to a public facility
differently, I think that's an in and of itself.
CHAIRMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes. You know, when things get
busy, people park wherever they can park. And I think each of us
knows small retail business, businesses that have a few spaces right in
front of their business. And, you know, it's calculated by them that
October 11, 2016
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those spaces are really for my business. Here's my storefront, and I've
got a couple spaces there. Well, you know, if the parking overflows,
you find people that are walking down three blocks to get something to
eat parking right in front of somebody's small shop which prohibits --
you know, it's putting a damper on business.
So I don't see that our beaches are going to lose their popularity. I
suggest to you that we're going to have more visitors, we're going to
have more people that are going to want to take advantage of that, and
this is just an ongoing problem.
So I don't think that this agenda item predisposes a solution or an
answer. And, you know, as I've always said, I've got absolutely no
trouble allowing staff to look into something and coming back with
some thoughtful solutions as to what we might do to solve a problem
that I think we all admit we have.
So, you know, I don't think this proposes anything onerous. This
will probably be something that the reconstituted Board of County
Commission will have to determine. So I would just say, let's look into
it and see what somebody can come up with, see if there are some --
CHAIRMAN FIALA: That sounds like a motion to me; is it?
COMMISSIONER NANCE: That's a motion. I just think we
should approve it and just let people come back, and, you know, you
two ladies will have a chance --
COMMISSIONER HILLER: I'll second that.
COMMISSIONER NANCE: -- to just get into your elbows.
COMMISSIONER HILLER: So basically you're making a
motion to bring forward my recommendation to direct staff as
presented?
COMMISSIONER NANCE: That's what I just said.
COMMISSIONER HILLER: And I'll second that.
CHAIRMAN FIALA: Okay. Commissioner Taylor, or was it
Henning first? I don't know which was --
October 11, 2016
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COMMISSIONER TAYLOR: Commissioner Henning.
COMMISSIONER HENNING: I've got a question for
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: If you bring -- it's your daughter
--
COMMISSIONER TAYLOR: Yeah, granddaughter, thank you.
COMMISSIONER HENNING: -- granddaughter down there,
you go down there and park in the parking garage and you're walking
over to the beach and she says, Grandma, can we walk across the street
and get an ice cream? You're going to have to say no.
COMMISSIONER HILLER: Correct.
COMMISSIONER TAYLOR: Correct.
COMMISSIONER HILLER: You would have to say no. You
would have to say no.
COMMISSIONER HENNING: And then you'd have to call me,
and I'd have to bring you an ice cream, and I'm a little bit too busy to
do that, so...
COMMISSIONER TAYLOR: Yeah. But my concern isn't so
much that folks, you know, would like to utilize the facilities, like, to
have an ice cream cone. My concern is that the facility uses the
parking places in the garage to allow them to expand where they can't,
that they double up or triple up on them. That's what my concern is.
COMMISSIONER HENNING: Well, see --
COMMISSIONER TAYLOR: Now, if they want to buy those
spaces -- if they want to buy those spaces in the parking garage and
say, I've got 10 spaces, they're mine, I'm paying you for this, I'm really
okay with that.
COMMISSIONER HENNING: The issue is, are they going -- by
the way, the facility closes at sunset.
October 11, 2016
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COMMISSIONER TAYLOR: The parking garage? Except for
special events.
CHAIRMAN FIALA: Say that again.
COMMISSIONER HENNING: Except for special events, and
then it's all controlled by the Ritz.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER HENNING: The parking garage is closed at
sunset, dusk to dawn.
So if they're going to go to the Beach Box and have a beer, they
can't go park in there after hours. It's not -- it's not an issue of utilizing
those parking spaces to support that business. Again, it is -- it's the
people going to the beach that's demanding services, like an ice cream,
when I want to go down and watch the sunset.
COMMISSIONER TAYLOR: Okay. But in Commissioner
Hiller's recommendation 3 that says to provide a stay on any code
enforcement action. That's way beyond evaluating where the Code of
Ordinances and Laws are. I'm not so sure we should take that step.
COMMISSIONER HENNING: Well, here's what we do all the
time when we do Land Development Code Amendments, it's they call
it, was Jeff --
MR. OCHS: Zoning in progress.
COMMISSIONER HENNING: Yeah, zoning in progress. And,
in other words, wait till we make a decision until, you know, any
finalization of --
COMMISSIONER HILLER: You did it with RaceTrac.
COMMISSIONER NANCE: We've done it on numerous
occasions.
COMMISSIONER HILLER: We've done it with the golf course.
I mean, if you'd like, we can lift the moratorium on RaceTrac. Would
you like that?
COMMISSIONER TAYLOR: There's no code enforcement
October 11, 2016
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action against RaceTrac.
COMMISSIONER HILLER: Oh, in a manner, yes. Well, there's
an inappropriate board action.
CHAIRMAN FIALA: Well, let's see. I just -- I have noticed that
the public speaker light went on. Did somebody hand you a slip?
MR. MILLER: I'm sorry, ma'am. I thought I had to before. Yes,
I have five speakers.
CHAIRMAN FIALA: Oh --
MR. MILLER: Yes.
CHAIRMAN FIALA: -- I'm sorry. I should have taken them
first. I did not know that. You're up next after the speakers.
COMMISSIONER TAYLOR: No, no, I've --
CHAIRMAN FIALA: You're done?
COMMISSIONER TAYLOR: Yeah, I'm done.
CHAIRMAN FIALA: Okay, fine. I'm sorry. I didn't even
realize that. Thank you very much.
Would you like to call on our speakers?
MR. MILLER: Your first speaker is Anthony Pires. He'll be
followed by David Jeskie.
MR. PIRES: Good morning, members of the board. Anthony
Pires, Woodward, Pires, Lombardo representing a number of
individuals as listed in the materials I provided to you yesterday. I
apologize for not earlier providing those, but I was not advised until I
-- or aware of this item being on the agenda until I checked the agenda
myself last Thursday, even though my clients, as listed in my materials
-- and I have a copy for the court reporter -- are actively involved in
two appeals involving reduced parking at the Beach Box, which part of
the rationale for staff's initially granting the administrative parking
reduction was utilization of parking spots at this garage.
Didn't have any hours limited on it as far as the ability to reduce
parking where the Beach Box was allowed -- required to have 47
October 11, 2016
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spots, and they have 16 on site. They decided they wanted to have
particular businesses and then try to utilize a public facility
inappropriately.
And contrary to what was said before, the Beach Box then was
re-evaluated by county staff, and county staff denied their
administrative parking reduction. And they filed an appeal for that.
That item is currently scheduled for October 25th, 2016.
I asked that the item be continued past November 22nd, 2016,
asked that item be put on today's agenda, and that has not appeared on
today's agenda. So I included that in materials in requesting that the
Beach Box appeal that they filed of the denial of the parking reduction,
which means they cannot use -- they have to provide the parking
themselves -- not be heard on October 21 -- 25th but be heard after
November 22nd, 2016, for all the reasons outlined in my materials.
Secondly, with regards to the -- Commissioner Taylor hit the nail
on the head. The issue is using a public parking facility to support a
commercial business. And I attached to my materials the executive
summary from just six years ago when this board adopted its ordinance
and resolution limiting beach parking facilities parking solely for
beach purposes.
Part of the rational and consideration, staff’s executive summary,
July 27th, 2010, nothing has changed except more tourists and
residents want to get to the beach. It says, Collier County currently
provides parking lots and garages for public parks and beach access
intended to benefit those members of the public seeking recreation.
These areas, however, are now being used for commercial
overflow parking and private use, which is contrary to the intended
public use, which is exactly what you-all are trying to undo today
when the parking situation is worse as indicated -- if I can just have a
few more seconds -- indicated in the materials I provided.
And you saw the articles in the Daily News and the News-Press
October 11, 2016
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with regards to demand for beach parking. Additionally, your staff has
been asking offsite properties to have land available for beach parking
and shuttle operations. Pelican Marsh was approached by the county
staff, which means there's a huge parking problem for the people who
just want to go to the beach.
The parking issue that the Beach Box has, they've created that
issue themselves. They're trying to create the issue themselves, and
they are trying to use a public facility, and contrary to the deed
restrictions also, which that might be another issue that arises.
We request that you not approve the Item 10C and then also
continue the hearings and appeals on Beach Box appeal, continue them
from October 25th to after November 22nd, 2016.
I'm available for any questions.
CHAIRMAN FIALA: Thank you.
MR. PIRES: And I apologize again for not providing the
materials earlier. I was out of the office most of Friday, met with my
clients yesterday, and was not aware of this item until Thursday, even
though I've been actively involved for over a year and a half.
MR. MILLER: Your next speaker is David Jeskie. He'll be
followed by David Galloway.
MR. JESKIE: Yes. Good morning, Commissioners. My name is
David Jeskie. I currently have a business in the Vanderbilt Beach area
called Beach Store Naples.
I'm rather disturbed by 10C coming on the agenda today. I've run
the business down there for seven years. I've been following the
ordinances and codes, okay. I have four spots in front of my business
that I use for individuals coming in and out.
It is unbelievable that local people have to spend money on
attorneys and say stuff like that for certain commissioners trying to
ramrod certain things through before they get off the Board, okay.
There is an appeal in front of the commissioners here and, in
October 11, 2016
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specific, it's being targeted to the Beach Box next door. They tried to
cram 50 pounds into a little bag, okay. They're not providing adequate
parking. The unfortunate part is local businesses like myself are
paying the consequences of that. Given that they do not have adequate
parking, they're parking in my spots, which is creating a major issue. I
pay for my parking in front of my store. Unfortunately, they do not
have adequate parking.
I strongly recommend that we have ordinances and codes in
place. If a specific business has requested and required to have 48
parking spots, I don't think it's upon county staff to give a 70 percent
reduction in parking. I believe the ordinances are very clear. There is
a parking garage across the street. I could tell you on most days in
season that parking garage is filled to capacity by 10 o'clock, okay.
To give a certain exemption to a certain business is out of the
realm of the county commissioners. We have ordinances. Enforce the
ordinances. I think a lot of things that were said regarding, you know,
policing, I don't think that's the issue here. The issue is certain
individuals are looking for a specific business to have more parking
than they actually have.
And I highly recommend that we disapprove this stay and that a
proper hearing be granted after November 22nd when there is an
impartial board. Thank you.
MR. MILLER: Your next speaker is David Galloway. He will
be followed by Brian Cross.
MR. GALLOWAY: Still good morning, Commissioners. David
Galloway. I'm president of the Vanderbilt Beach Residence
Association, an approximately 3,000-door association; 3,000.
Item 10C should not be approved by the Commission. I ask you
respectfully to deny 10C.
The beach access parking, as stated in the ordinance, is to provide
adequate parking and beach access parking for all of Collier County
October 11, 2016
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residents and guests that are there to use the beach, and I emphasize the
beach area.
We have a severe problem already with parking. This ordinance
should stand as it was originally adopted in 2010 for the many reasons
that it was implemented. There are literally hundreds of signs,
hundreds of signs just in the Vanderbilt Beach area prohibiting illegal
parking on private property with the threat of towing the illegally
parked vehicle. There are many, many Collier County park -- Collier
County signs that say no parking on the right-of-ways, grassy areas, et
cetera.
Folks still park illegally on these areas, which causes a safety and
health issue for not only motorists, because they're close to the road,
pedestrians and bicyclists traversing the area.
It's the right thing to do, Commissioners, to deny this, for the
citizens -- all the citizens of Collier County. There are enough parking
problems at the beach already, and I respectfully ask you to deny Item
10C. It's not the right thing to do.
I receive many comments from folks in the area as president from
the -- who state they don't want this area to be a Fort Myers Beach
area.
Thanks.
MR. MILLER: Your next speaker is Brian Cross. He'll be
followed by Kathleen Robbins.
MR. CROSS: Thank you, Commissioners.
In all candor, I represent the Vaguna Corp and Beach Box Cafe,
and I'll be back before you next month. So unlike my predecessor, I
won't sit here and try and argue about the merits of the appeal.
I don't know the world about parking, but I've learned a lot. Jeff
Wright at my office has spent a long time on this matter with me. I
think the issue, as Nance says, there's no harm in directing staff to
investigate something and look into it, and I agree with that.
October 11, 2016
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My understanding of the ordinance, and it makes sense, is that it
should not be allowed to be used for primary spaces for businesses to
say. So a business shouldn't come down there and say, what are you
talking about? We have 300 parking spots right next door in the
garage. However, it is tourism dollars that built the garage.
The purpose of -- where the ordinance needs to be changed and
went wrong is where it says it should be used only to go to the beach.
There is -- you cannot and should not have an ordinance drafted that
makes it impossible to perform, as the jokes have been made, but they
are true. The better one that Jeff was -- he's like, so you, your brother,
and the kids drive, you drop the kids off down at the beach. They can
walk anywhere they want, but when you go back and park in the
garage, you can't go with them when they go to get the ice cream cone
because they didn't park at the garage. They got there by being dropped
off. That part of it should be evaluated.
I would think the solution would be is that businesses cannot ask
that spaces in the garage be given to have credit for them; however, if a
business down there, such as the Beach Box, can show, as it did in its
summary and it can in update, that the people that are there don't go to
park in the garage to go to the Beach Box. There are people at the
beach that walk to the Beach Box. There are tens of thousands of
parking spaces around there in all the condominiums and people that
ride their bicycles down there and people that walk down there from
blocks.
You don't have to have that many spots with or without the
garage for the Beach Box to be fine. Not to mention, the Beach Box
variance was given almost a year ago and has long come and gone in
terms of it now. Somehow it just got overturned recently, which
brought us before you.
The final thing that I will add -- I'm not procedurally well versed
in commissioner meetings. This is the first one I've been to, and I had
October 11, 2016
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to fill out a lobbyist form, I guess, but I don't know if you're
considering Mr. Pires' request to extend it. That I would vehemently
object to, not because there's any political curry or favor. Mr. Pires has
been before you guys. This is the first time you've ever seen me.
The reality is, is that staff took an illegal and void action when
they stripped a property right from Beach Box. Mr. Pires' belief is that
if there are new commissioners on there, not the ones who have lived
and breathed it, that approved the APR, that know the issue better than
the new commissioners know, his belief is that new commissioners
will be less likely to overrule what staff did because they don't want to
ruffle anybody's feathers.
I'd request -- my client has had complaints filed with the State of
Florida ever since the staff took this action. They're trying to come
after his restaurant that he's put hundreds of thousands of dollars into
based on the fact that you guys approved the APR. There's a 30-day
window which the public and these people could have challenged it
and appealed it. Nobody did. He then rested on the fact that it was a
vested right that he had. There was never any evidence or complaints
that there was overparking. There was simply a request from Mr.
Pires.
Thank you. Sorry for going over.
MR. MILLER: Your final speaker on this item is Kathleen
Robbins.
MS. ROBBINS: Kathleen Robbins from the Vanderbilt Beach
Residents Association. I'm secretary of that organization.
I'd like to discount something that was said. The Beach Box is the
only business that is having parking problems at this corner. Turtle
Club has sufficient parking for their business. Lighthouse has
sufficient parking. Dave Jeskie has sufficient parking. It's only the
Beach Box that is having the problem, and that -- the problem is that
there was a 70 percent reduction granted administratively.
October 11, 2016
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And I -- there was no public hearing because it was not a public
variance. It was an administrative variance. We never even heard
about it until it was a done deal. So the 30-day thing, we acted as soon
as we could, but what can you do? If your public isn't involved, don't
be surprised when we get angry because we weren't involved.
The town of Fort Myers Beach was planned as a park-once
facility. Vanderbilt Beach was not planned to be a park-once, and
you're not going to retrofit it to be a park-once either.
Another thing is, Pelican Bay Foundation, which I -- our good
neighbors to the south, not even notified or included in this, and they
have all sorts of rights relating to the parking garage. So where were
they at this table? Jim just found out about it today.
So please vote against this motion. The stay of the Code
Enforcement is a bad part of it. I don't mind re-evaluating, but the stay
of the Code Enforcement is bad.
We in our neighborhood -- as Dave Galloway said, we live with
this parking. We have backups. They're parking all over the condos.
They're parking on the street. There's been other bad behavior because
of the parking problems. Giving away any of the parking reserve for
the beach would be -- would fly in the face of your previous actions six
years ago when you specifically said that the beach parking was
important enough to limit the garage for the beach parking.
Thank you very much.
CHAIRMAN FIALA: Okay. We have Commissioner Henning.
COMMISSIONER HENNING: Yeah. I don't understand the
issue about continuing it until after the new board takes over. What's
the issue there?
COMMISSIONER TAYLOR: It's in the packet.
COMMISSIONER HENNING: It's in my packet?
MR. KLATZKOW: If this item is approved, there's not going to
be hearing.
October 11, 2016
Page 89
COMMISSIONER HENNING: Pardon me?
MR. KLATZKOW: If this item is approved, there's not going to
be the hearing, so it will be a moot point anyway.
COMMISSIONER HENNING: There's not going to be a
hearing?
MR. KLATZKOW: There's no point in it. If you're
reconsidering the ordinance and --
COMMISSIONER HENNING: Okay. When it comes back, can
we -- I mean, I'm sure staff has counters and number of spaces. Can
you report to the Board of what, you know, the chart is about --
MR. OCHS: Certainly.
COMMISSIONER HENNING: Yeah, okay.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Well, I don't follow what you're
saying, Jeff, because this issue doesn't have anything to do with the
appeal. This says to provide a stay on any Code Enforcement action.
This doesn't go to delaying the appeal.
MR. KLATZKOW: There's no point to the appeal if you're going
to be changing the ordinance. I don't know what else there is to say.
It's -- this goes at the heart of the issue on appeal, the parking
issue. There's no point holding a four-hour public hearing and then a
board two weeks later changing the ordinance so that you've changed
the entire structure of it.
COMMISSIONER HILLER: Well, let me just address -- you
know, Mr. Jeskie stood up here, and he owns a store that sells food,
drink, and he has limited parking. He's got customers that park in that
parking garage. Based on our current ordinance, he's improperly
servicing individuals, and these individuals are improperly benefiting
from the location of his business because they've parked in that parking
garage.
COMMISSIONER HENNING: They make good sandwiches
October 11, 2016
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over there.
COMMISSIONER HILLER: I have no doubt. I just don't eat
bread. I've, liked, stopped.
That being said, I'm concerned about Mr. Jeskie's business. He
says he has only four parking spots? He's got a lot more business that
walks through that store than four parking spots worth, and that's
because they are coming from that parking garage going to the beach
and then walking over to his store. What do we do about that?
MR. KLATZKOW: Ma'am, this is a global issue you've raised.
You've asked staff to come back with recommendations on perhaps
changing the code on these issues. If you're talking about one or two
businesses, that's one thing.
COMMISSIONER HILLER: Oh, I'm talking about actually
more than just that.
MR. KLATZKOW: Your recommendation is global in nature.
COMMISSIONER HILLER: I think it is, and I think it's
absolutely essential. And, again, I mean, you can look to the City of
Naples where their parking facility -- you know, facilities, are used to
promote tourism and business along, for example, the 5th Avenue
corridor and the other corridors like 3rd and so forth.
We used tourist tax dollars to build that parking garage to
promote tourism, and to the extent -- and, you know, the argument
that's being presented that the traffic that goes to Beach Box walks
from across the street I understand. I'm looking at it from another
perspective. I'm looking at it from the perspective that those people
using that parking garage should not be limited to only using the beach
and should be okay to walk to Mr. Jeskie's store or to the Beach Box or
the Turtle Club or Mari Vesci's business.
MR. KLATZKOW: Well, my recollection is the reason the
Board passed the ordinance was because we were having hotels utilize
that parking space for their employees.
October 11, 2016
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COMMISSIONER HILLER: And that's a different issue.
MR. KLATZKOW: And I think perhaps the Board may have
inadvertently overreached on the ordinance --
COMMISSIONER HILLER: I think you're absolutely correct.
MR. KLATZKOW: -- to address that problem.
COMMISSIONER HILLER: I think you're absolutely correct,
and I think you've just hit the nail on the head. So I think,
Commissioner Nance, you made in a motion, right? And I seconded it.
COMMISSIONER NANCE: Yes.
COMMISSIONER HILLER: Can we call the question?
COMMISSIONER NANCE: Yeah. I'd just like to make one
more comment. You know, look, everybody suffers with these
parking issues, everyone, all the business down there. I don't think
anybody is anticipating that there's going to be a big rush of future
businesses down there because parking is the limiting factor.
So I see no harm in looking into this and actually understanding
who's using the parking garage, is it being used properly, is not being
used properly, is it onerous on anybody. You know, I would think that
the correct management of the parking resource is to everybody's
benefit, regardless of why they're down there or if they're there to
patronize a business or visit the beach or whatever. Their public is
going to park there anyway unless we, you know, have it in our heads
that we're going to go down there and try to really restrict what a given
person is doing, which I don't think is anybody's intention.
I think it's just a healthy thing to go down there and evaluate. It
doesn't -- I don't think it predisposes any answer. I think we'll come out
of here, and I think it will help resolve the different litigation that's
going on at the same time if we just understand what's going on.
CHAIRMAN FIALA: Okay. So would you state your motion
one more time, please.
COMMISSIONER NANCE: I just made a motion to direct staff
October 11, 2016
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to do what it says, just to approve the item.
COMMISSIONER HILLER: It's three items.
COMMISSIONER NANCE: Let them go ahead and work on it
and come back to -- you know, I assume that by the time this gets
resolved it's going to be a future board that's going to be acting on it, so
that's fine by me. I just think they need more information, because I
think everybody has got things that they want to say and information
that they want to provide.
COMMISSIONER HILLER: So, essentially, the
recommendation is to direct staff to do l, 2, and 3 as provided in my --
COMMISSIONER NANCE: Yes.
COMMISSIONER HILLER: -- recommendation. Okay. I'll
second that.
CHAIRMAN FIALA: Okay. I have a motion and a second. Any
further discussion?
(No response.)
CHAIRWOMAN FIALA: All in favor of the motion, say aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. Opposed?
(No response.)
CHAIRMAN FIALA: That was a 5-0. Okay, thank you.
All righty. You know what, it's noon. I thought we would be
able to be out of here by then, but sometimes it gets a little lengthy,
just everybody commenting on things, so we're going to go to -- take a
break --
COMMISSIONER TAYLOR: Madam Chair, may we hear just
one more? I've got some folks from a neighborhood within the city,
October 11, 2016
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been here since 9:30 this morning, and that would be Item No. 11E.
CHAIRMAN FIALA: 11 what, please?
COMMISSIONER TAYLOR: 11E, which is moved from 16 --
CHAIRMAN FIALA: Is this going to be --
COMMISSIONER TAYLOR: I don't think so.
CHAIRMAN FIALA: What was it originally?
COMMISSIONER TAYLOR: It was -- it's the recommendation
--
COMMISSIONER NANCE: 16D6.
COMMISSIONER TAYLOR: 16D6.
CHAIRMAN FIALA: D6, I don't think -- okay. Hold on just a
sec. Okay. What is the subject? I'm trying --
COMMISSIONER TAYLOR: The allocation of CDBG funds
for a specific project requested by the City of Naples.
CHAIRMAN FIALA: Oh, okay, fine. Yes.
COMMISSIONER TAYLOR: Thank you very much.
Item #11E
RECOMMENDATION TO APPROVE THIRTEEN SUB-
RECIPIENT AGREEMENTS FOR PROJECTS PREVIOUSLY
APPROVED IN THE FY 2016-17 ACTION PLAN FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT, HOME, AND
EMERGENCY SOLUTIONS GRANT PROGRAMS – MOTION TO
APPROVE AND THE CHAIRMAN TO WRITE A LETTER TO
THE MAYOR OF NAPLES REGARDING NEIGHBORING
OPPOSITION – APPROVED
MR. OCHS: So, Commissioners, while Kim Grant is coming up,
I'll just try to summarize it. The recommendation is to allocate a series
of -- award of Community Development Block Grant funds to various
October 11, 2016
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projects that were applied for, vetted, and awarded.
The particular project I believe that Commissioner Taylor has
raised is an allocation for a sidewalk project in the city that the City
Council subsequently approved by majority vote, and I believe the
commissioner has a question about that particular project.
COMMISSIONER TAYLOR: Yes, and the -- we do have, I
think, one speaker on this; is that correct?
MR. MILLER: Yes, ma'am.
COMMISSIONER TAYLOR: The issue that I think needs to be
brought forward is that there's only one neighborhood in the City of
Naples that is qualified to receive CDBG funding, and that
neighborhood was opposed to this grant.
COMMISSIONER HILLER: Why?
COMMISSIONER TAYLOR: And I think they're here to --
they're not opposed to having money improve the neighborhood, but
they are opposed to the sidewalk.
Unfortunately, the sidewalk is tied into a very controversial
development which takes a Pick-Quick and a small, small shopping
center, strip shopping center, which has no -- which has no gas
stations, and putting a 12-pump gas station including 24 hours and
serving alcohol in place of that. And this sidewalk was tied into it --
Goodlette and 5th -- and this was -- and this sidewalk was tied into it.
Because of the lack of access, the -- when people or cars utilize
the 7-Eleven, they have to go across a sidewalk that's already existing,
which the neighborhood is fine with, which they're very happy with.
So that's why I'm bringing this forward.
CHAIRMAN FIALA: Okay.
COMMISSIONER TAYLOR: We do have a speaker. And a
question was posed, if Ms. Grant could answer that. If -- and I'm not
trying to presuppose anything. But this money, if it was not spent on
sidewalks, this particular sidewalk project, would it be -- would it also
October 11, 2016
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be -- could it be used in other areas within that neighborhood? Could
the -- could it be appealed and be used again, or does it have to be put
back into the pot and go into another cycle?
MS. GRANT: Kim Grant, director of Community and Human --
wow, who am I? Kim Grant, director of Community and Human
Services, for the record.
COMMISSIONER HILLER: We all ask that question of
ourselves every morning we wake up.
COMMISSIONER TAYLOR: That's an existential question to
ask at noon.
MS. GRANT: And I'm sorry I'm not answering the question you
asked.
COMMISSIONER HILLER: Know thyself.
MS. GRANT: The City of Naples is what is referred to as an
entitlement city. So they are entitled, when HUD does their allocation,
to a certain dollar amount. It would be an interlocal agreement that's
administered through the county.
Should the Board of County Commissioners decide not to
proceed with that particular agreement for that particular project, what
I would envision doing is one of two things. Either, number one,
asking for the city to forfeit the funds, in which case they would go
into the pot, most likely go to the next ranked project in line from our
scoring process. We would bring that back to the Board of County
Commissioners for your approval; option No. 1.
Option No. 2 would be for the city to go back and identify a
different project and bring it forward to us.
The implication of either one of those is an extension in the time
period to expend the funds, which, you know, it's up to this board.
You can choose to do so, but we're frequently talking with you about
the need to move our projects along and get our funds spent to meet
compliance deadlines.
October 11, 2016
Page 96
MR. OCHS: Madam Chair and Commissioners, we have city
staff here that can speak more directly to this than we can, if you'd like.
MS. GRANT: Yes.
CHAIRMAN FIALA: Gregg?
COMMISSIONER HENNING: One thing. Why are we
questioning an elected body on how to spend their allocation?
The question has been raised and the question should be brought
to the City Council, not this board, because they can amend their
request for those funds to go somewhere else.
I can't support doing anything with changing the allocation that
another board, elected board, is requesting their allocation to go to a
certain thing. I can't do that. I'm sorry.
CHAIRMAN FIALA: Let's hear from Gregg Strakaluse.
COMMISSIONER HENNING: Who?
MR. STRAKALUSE: Good morning, Commissioners, Gregg
Strakaluse. I'm pretty sure I'm Gregg Strakaluse, City of Naples
Department of Streets and Stormwater.
The city has a pretty comprehensive pedestrian/bicycle master
plan that we've been working on. It was last updated in 2013. We also
have a Complete Streets policy or resolution and a Blue Zones
resolution that all speak towards improving streetscape and roadways
to improve safety and mobility.
Back in February of this year, city staff held a meeting at the
River Park Community Center, a public involvement meeting to -- in
preparation of application for this CDBG grant, Community
Development Block Grant, opportunity, and that was back in February
of 2016.
As a result of that particular meeting that was at the River Park
Community Center, a sidewalk -- a request for a sidewalk surfaced to
the top of the list in terms of projects. And shortly thereafter was the
opportunity to apply for the grant funding. And in doing that, we listed
October 11, 2016
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this particular project, a sidewalk, a five-foot sidewalk on the northside
of 5th Avenue North from Goodlette-Frank Road to Anthony Park.
There's a lengthy process that's involved in getting this project
moving, so this is only the very beginning process in terms of securing
the funding. There is a much more comprehensive effort that's needed
to design the project in which city staff absolutely plans on working
with the community to design that particular sidewalk to meet the
property owners' and the community's needs as it goes through on the
north side of 5th Avenue.
Typically with sidewalk projects, there is a concern about a
sidewalk along the front of a property, tree scapes, vegetation, and we
work with each one of those property owners to meander that sidewalk
where necessary. So there's still this significant opportunity to go
through the design process with the community on this particular
project.
And I believe this particular project, being identified as part of the
bicycle and pedestrian master plan and the other resolutions that I
referenced before, was well in advance of the 7-Eleven project at 5th
Avenue North.
CHAIRMAN FIALA: Okay. We have speakers from the
community here. Would you call our speakers, please.
MR. MILLER: Madam Chair, I have one registered speaker,
Willie Anthony.
MR. ANTHONY: Good evening, Commissioners. I would like
to first introduce myself. I haven't been before the commission in quite
some time, but the reason I'm here today is to discuss these CBD (sic)
fund allocations. And I have no problem with CBD funds. I think
they're absolutely necessary, but I think too often the attitude, just like
Mr. Henning just indicated, you know, you don't listen to the
neighborhood, you decide what you want to do, and you do it.
Now, if we can't go no relief anywhere -- we're county residents
October 11, 2016
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as well as city residents. I think we should be heard at the county level
as well as the city level.
I'm not here really trying to block this particular grant. The
process that this grant took is -- did not involve the community. I was
at the meeting on February 7th when a feluded (sic) kind of form was
out. They came to a conclusion that it was seven. I turned in 31
names to the -- Mr. Strakaluse with residents who signed -- who think
not only putting the sidewalk on the opposite side, this narrow street
where kids got to traverse back on the south side from the north side,
we think it's a safety hazard. But, there again, I'm sure that -- maybe
not with some of you people, but I'm sure that I'll be visiting this board
to get better acquainted, because I think that in order for a minority
neighborhood to survive, it's going to have to have support from not
only the city, but the county as well.
Thank you for this opportunity.
MR. MILLER: Madam Chair, I was handed an additional slip
from Mr. Williams.
CHAIRMAN FIALA: Boy, Willie Anthony's been here for a
long, long, long, long time. Probably longer than the trees.
COMMISSIONER TAYLOR: He's the ex-officio mayor of
River Park.
CHAIRMAN FIALA: Yeah, I would agree.
MR. MILLER: I'm sorry, sir. I couldn't understand your first
name here on the slip.
MR. WILLIAMS: Curtis.
MR. MILLER: Curtis Williams. And go ahead, Mr. Williams.
MR. WILLIAMS: Good afternoon. Curtis Williams. I live on
5th Avenue in River Park, east side.
I don't agree what you said, Gregg. My understanding is when
you guys came out, you asked for ideas of what we'd like to do. It
wasn't that we all said it. It was like you guys supposed to get back
October 11, 2016
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with us before you-all make a decision.
You're right, some people did say they'd like to have sidewalks,
but we talked about it. It wasn't like we were unanimous, that's what
we want. You was asking for some kind of suggestion, not just saying
this is what we want.
And what I really think, with 7-Eleven getting involved and
7-Eleven offering to start the sidewalk, that was a help and cut the
money a little bit for what was coming out of the city, the grant money,
and we expressed that we didn't need that sidewalk. We had a
sidewalk on the south side.
And when 7-Eleven talked about bringing it down just to try to
make it safe, it's not going to make it safe, and we expressed that. And
the 31 or 33, whatever number that we had turned in, we opposed that.
The city didn't get back with us.
I've been here since 1964, and as far as that neighborhood's
concerned, everything is on deaf ear when the community down there
speaks.
As far as I'm concerned, the city goin' to do what they want to do.
Willie feel different about the grant money. You can just take the
money and put it somewhere else. To me it don't benefit us any way.
You all use the money however you all want to use it. That's the way I
feel about it.
MR. MILLER: One more speaker, ma'am. Antonio D. Sir, if I
could have you state your whole name for the record.
MR. DE MORNAY: Antonio De Mornay. I stay on 1400 -- I
mean, 14th Street.
I'm new to the whole public, you know, situation and everything.
I just got involved in it because of the proposed 7-Eleven with the gas
pumps, the multiple gas pumps that they offered to put into the new
plan. Before the gas station there only had one pump. It wasn't so
much traffic as this 7-Eleven would bring.
October 11, 2016
Page 100
If you look at all the 7-Elevens in Naples, this would be the
biggest 7-Eleven with all the gas pumps that it has.
Now, our neighborhood is a one-way-in, one-way-out
neighborhood. Now, the majority of our kids that go to school go to
school to Gulf View Middle School, and a small majority goes to Lake
Park due to the district and how we choose what kids goes to Lake
Park or Shadowlawn.
Now, there was a proposal to make a sidewalk to go on the north
side, but it undermines what we have on the south side, because the
south side has a one-way where are kids stay on one sidewalk
throughout the whole neighborhood. They cross Goodlette-Frank
Road, they go to Gulf View Middle School on their usual route.
Having the north side of sidewalk is just simply saying that we
want you to move away from traffic, cross Goodlette Road, cross back
onto the south side just to go to school.
I think if we're going to use funds properly, we want to use funds
properly for the community itself. And when I started getting people
together to actually have a voice about the 7-Eleven and its proposed
gas station and with the sidewalks, we had -- normally it was only
three people from the community that would go to the hearings.
We had -- within two days I got 16 people, and from 16 people
we -- you know, I moved up to 20 and so on with the help of the rest of
the guys that's here with me today.
What I'm asking for is that we do not use the funds for the
sidewalk on the north side. It's just -- it's no use for it, because if
anyone ever passed through the neighborhood, it's just a small patch;
that's all it is. And for many people who agreed for the north side
sidewalk, I truly don't feel that they speak for my community, because
they just have an opinion that they don't really, really walk the
footsteps of.
I've seen people get hit because of a heavy flow of traffic. What
October 11, 2016
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we're trying to do and what we're asking for is your guys' help to
control the traffic with 7-Eleven. You know, we asked 7-Eleven to
actually move further away from the neighborhood because of the
amount of kids that go to school.
So in my regards, I'm asking that we don't use the funds for a
north side sidewalk. It doesn't really make any sense to have it at all,
and it would be a waste of money and a waste of --
CHAIRMAN FIALA: Let me ask you this, if you don't mind me
interrupting; would you like to take that money and sidewalk and still
put it within the community but in a different location, or eliminate it
altogether?
MR. DE MORNAY: If we do that, you know, I'm all for it. It
depends on what it's for. What would we use it for? Because I think
the creativeness of the neighborhood and what we use the money for
would be better suited for the community instead of putting a sidewalk
where it doesn't need to belong. We have a sidewalk that everyone
uses a lot.
CHAIRMAN FIALA: But it would have to be for sidewalks,
CDBG would.
COMMISSIONER TAYLOR: Yeah, but there's lots of
opportunity through the neighborhood for sidewalks.
MR. DE MORNAY: Exactly, yes.
CHAIRMAN FIALA: Okay. Thank you very much.
MR. DE MORNAY: Thank you.
CHAIRMAN FIALA: Now, I don't know which one was first,
Commissioner Hiller or Henning. I think it was --
COMMISSIONER HILLER: He just went out.
CHAIRMAN FIALA: We'll just say Hiller.
COMMISSIONER HILLER: So I just -- I need to get an
understanding. Can I ask the gentleman from the city. We have two
issues here. One issue is the sidewalk; the other is CDBG funding.
October 11, 2016
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We have no jurisdiction over what you do or don't do with the
sidewalk, correct, I mean, as the Board of County Commissioners?
MR. STRAKALUSE: That's the project.
COMMISSIONER HILLER: But we, as the Board of County
Commissioners, don't have the ability to say aye or nay to what you do
in the city with respect to your projects.
MR. STRAKALUSE: Correct.
COMMISSIONER HILLER: Okay. So we can't sit here and
address the specific project. That is a City Council issue
jurisdictionally.
MR. STRAKALUSE: (Nods head.)
COMMISSIONER HILLER: All right. So then the discussion
here is us as the recipient and you as the sub-recipient of CDBG funds
for this project.
MR. STRAKALUSE: (Nods head.)
COMMISSIONER HILLER: And my understanding is this
community thinks that if you don't get the CDBG funds, that somehow
that project will not continue.
MR. STRAKALUSE: That's a good point.
COMMISSIONER HILLER: And so the problem there is, I
mean, the developer can build that sidewalk. I mean, if you as the City
Council approve it or don't approve it -- I mean, if you guys choose to
approve it, the developer -- and I mean approve, like, a sidewalk in that
location, you can get money from the developer.
And my point is, I don't think these residents understand that even
if there is no CDBG funding, that somehow that potentially doesn't
stop what they don't like. So -- but that's a City Council issue, not a
county government issue.
The other question I have is, I don't understand why they -- can't
the city apply for their own CDBG funding?
COMMISSIONER TAYLOR: They do, through the county.
October 11, 2016
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COMMISSIONER HILLER: No, no, no, but directly. I don't
know why they need to use us as a sub-recipient -- why they need to be
sub-recipient to us.
MS. GRANT: I suppose that's an option. Some time ago, I don't
know when, it was established that the county would handle all the
administration elements of the grant administration rather than the city
having to have, you know, the infrastructure in place to do the
monitoring and the compliance and all those kinds of things.
COMMISSIONER HILLER: Well, we get 30 -- usually we get a
percentage of the grant funding in order to do that --
MS. GRANT: We do, that's correct.
COMMISSIONER HILLER: -- monitoring work. I mean, we
usually get, like, anywhere from, like, 10 to 30 percent of the total
grant funds to do that.
MS. GRANT: Right.
COMMISSIONER HILLER: So the real issue is is this is not a
county grant. We are merely the conduit for the applicant, which is the
city, because of this administrative relationship.
MS. GRANT: Yes.
COMMISSIONER HILLER: So I'm a little confused why this is
before us. I mean, to me it sounds like from the project level that this
is a City Council issue and not a board issue, and from a funding level
I don't see this as us either.
MR. KLATZKOW: You can say no.
COMMISSIONER HILLER: No to what?
MR. KLATZKOW: No to any one of these particular
sub-recipient agreements. That's why we take them to you.
COMMISSIONER HILLER: Yeah, I just don't understand why
--
MR. KLATZKOW: I'm not saying there's a good reason not to or
-- I'm not saying you should or shouldn't, but you can say no.
October 11, 2016
Page 104
COMMISSIONER HILLER: I don't understand why the city -- I
mean, the city could apply for its own CDBG funding and still use us
as the administrator.
CHAIRMAN FIALA: I'm sorry to interrupt. Right now I think
the subject is this one. If we start going off into who can apply and so
forth --
COMMISSIONER HILLER: But it's directly --
CHAIRMAN FIALA: -- we're going to drag this on.
COMMISSIONER HILLER: But it's directly related to this issue
because it's not really our grant. It's not our grant.
COMMISSIONER TAYLOR: We have to approve the monies
being spent at this point. What happens next week or next month or
six months from now is another thing. Right now --
COMMISSIONER HILLER: Why do we have to approve this?
COMMISSIONER TAYLOR: Because we do.
COMMISSIONER HILLER: I'm asking staff.
MS. GRANT: The structure of the way it's set up today -- let me
first go sideways just for a second. I believe it is possible for there to
be a direct relationship between the City of Naples and HUD without
us being involved, but right now the city is considered one of our
urban -- let's see -- urban -- under the urban qualification requirements,
the city is partnered in with the county so that the allocation comes to
us for administration.
That approach, that method, that could be changed for future, but
right now they are with us, which means that when we do our action
plan, when we bring forth projects and so forth, it's all part of the
purview of the Board of County Commissioners.
COMMISSIONER HILLER: That's the part I don't understand.
MR. OCHS: And -- I'm sorry, ma'am. Then we go back to the
City Council and have them approve the project before we bring it to
you to allocate the funds, and that's what's happened here.
October 11, 2016
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MS. GRANT: That's correct.
COMMISSIONER HILLER: So now all of sudden we're going
to be in conflict with the City Council's approval of this project? Has
the City Council approved -- I don't know enough about the project to
know if it's good or bad. So, you know, I can't sit here and judge it.
MR. OCHS: We followed the process that we always followed
which includes, I believe, Kim, an ultimate approval by City Council
for their requested projects under this program. That's been done.
COMMISSIONER HILLER: So now all of a sudden we are
taking a position which we've never taken before which is, instead of
ratifying what the City Council has approved, we are going to deny
what the City Council has approved?
MS. GRANT: Well, I'm not directly going to answer that
question, but I believe that is the question that is being raised today.
COMMISSIONER HILLER: Well -- but I think the answer has
to be provided directly. Did the City Council approve this --
MS. GRANT: Yes.
COMMISSIONER HILLER: -- or not ahead of coming before
us?
MS. GRANT: The City Council approved both permission to
apply for this project, and they have approved the sub-recipient
agreement, the same one that's before you today in advance of your
final review. And the mayor, I think it's the mayor, whoever's the
authorized official, has signed.
COMMISSIONER HILLER: So we are going to now go against
the Naples City Council for what they have approved?
COMMISSIONER HENNING: I have a solution.
MR. OCHS: Commissioner, we didn't bring this forward. This
was Commissioner Taylor's item.
COMMISSIONER HILLER: No. I get it. But that's what she's
October 11, 2016
Page 106
asking, that we go against the Naples City Council.
CHAIRMAN FIALA: Commissioner Hiller -- or Henning, you
were up next anyway, so go ahead.
COMMISSIONER HENNING: Well, my solution is to make a
motion to approve, direct the chairman to write the mayor asking (sic)
him there are, please hold public meetings on how best to spend these
dollars in the City of Naples, particularly River Park.
COMMISSIONER HILLER: I agree.
CHAIRMAN FIALA: I'll second that motion.
COMMISSIONER HILLER: Yeah, I agree with that.
CHAIRMAN FIALA: I don't know if I'm allowed to second it,
but I'm going to second it anyway.
COMMISSIONER HILLER: Sure, you can. This is a board of
equals.
COMMISSIONER TAYLOR: Yes, you can.
COMMISSIONER HILLER: We're a board of equals,
Commissioner Fiala.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: Yeah, I think that's a very good
solution. I don't think anybody in the neighborhood -- and I don't think
my intention is to deny the grant of $166,000. I think the concern is
that the neighborhood, as they expressed to me, are not being heard by
the city. And the question of the collision of the 7-Eleven, that just so
happens to go with this sidewalk, is more coincidence than anyone
feels comfortable.
So I would support that motion. I think that's good. I think it's
important to our chairman to write a letter and indicate that there is
some concern.
Thank you.
CHAIRMAN FIALA: Do we see some nods back there?
MR. DE MORNAY: Yes, we agree.
October 11, 2016
Page 107
CHAIRMAN FIALA: Okay, good.
MR. STRAKALUSE: One point of clarification. Is that the
allocation of future dollars for future projects in coordination with the
community?
COMMISSIONER HENNING: This project.
CHAIRMAN FIALA: This one.
MR. STRAKALUSE: This one?
CHAIRMAN FIALA: Starting right now.
MR. STRAKALUSE: Because this particular application and
agreement is very specific in terms of the project.
COMMISSIONER HENNING: Well, you can come and amend
it, Gregg. Right, Kim? That's what I heard. We amend them all the
time.
COMMISSIONER TAYLOR: Yeah.
MS. GRANT: Yes.
COMMISSIONER TAYLOR: Yeah, it's not written in stone
forever and ever.
MS. GRANT: That's correct. What will happen, if the city goes
back and brings forth an entirely different project, we can look at doing
that with them. We'll evaluate the compliance and so forth. We'll do a
substantial amendment to our action plan to reflect the changes -- and
you're right, we do do that -- and then we would move forward.
As I mentioned earlier, the implications would be a delay in time
in spending but, procedurally, compliance, we can certainly do that.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: All in favor? You're already hearing the
ayes.
MR. OCHS: Clarification. That's incumbent on the city, not the
county, to make any of that happen.
October 11, 2016
Page 108
COMMISSIONER TAYLOR: Oh, yes. That's correct.
MR. OCHS: As far as we're concerned, this project is moving
forward based on this vote.
COMMISSIONER TAYLOR: That's right.
COMMISSIONER HILLER: The city will make the change.
COMMISSIONER TAYLOR: But there will be a letter
accompanying?
MR. OCHS: Oh, yes, absolutely.
COMMISSIONER TAYLOR: Absolutely.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: It's not your job.
CHAIRMAN FIALA: And you will be checking with the people
that it affects, right?
MR. STRAKALUSE: (Nods head.)
CHAIRMAN FIALA: Okay, good. Okay. Thank you for
bringing this forward, Commissioner Taylor.
COMMISSIONER TAYLOR: You're welcome.
CHAIRMAN FIALA: So all in favor, signify by saying aye
again.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: That's a 5-0. And now we are going to
lunch.
Item #10C – Additional Discussion
October 11, 2016
Page 109
MR. CASALANGUIDA: Commissioner?
CHAIRMAN FIALA: Yes.
MR. CASALANGUIDA: If we could, clarification on Item 10C.
Both the petitioner for the Beach Box and Tony Pires representing the
public have asked clarification for the meeting next week.
You're scheduled to hear the appeal, as the County Attorney
pointed out. The appeal will not be heard and continued indefinitely
until this item is brought back. And I just want to make sure the Board
concurred with that.
COMMISSIONER HILLER: I don't think so.
COMMISSIONER TAYLOR: Yes, it is.
COMMISSIONER HENNING: No, you can't.
COMMISSIONER HILLER: I think -- well, let's hear from the
attorney from --
COMMISSIONER HENNING: You can't deny somebody of
petitioning their government to take action.
COMMISSIONER HILLER: You can't deny the appeal. I don't
think you can deny the appeal.
MR. KLATZKOW: You're not denying the appeal.
COMMISSIONER HILLER: You can stay a Code Enforcement
action, but you can't deny someone's right to move forward within the
time frame of the law on the appeal.
MR. CROSS: If I may, the stay of the Code Enforcement action,
which I believe Commissioner Hiller had the right to bring, it really
isn't of issue to me. I already have a statement from the head of Code
Enforcement that as the appeal's going on they're not doing any code
enforcement against the Beach Box, so that's really not too much of an
issue to me.
Now, the appellant has gone to the State Department of Hotels to
try and get us in trouble on this, but they're okay at bay until you guys
decide.
October 11, 2016
Page 110
I would, again, agree. I think the Commissioner's point of her
item really doesn't have to do with the Beach Box. I think it has to do
with the county evaluating county wide whether or not there should be
tourism dollars being limited to only the beach when tourism dollars
isn't always from beach dollars to multiple garages.
My client's issue is a very narrow issue. The APR was granted a
year ago by this board. We've paid the -- which I believe we didn't
need to pay because I don't believe that it could be stripped the way it
was stripped. We've paid the thousand dollars fee. We've asked for
months and months for it to be on.
To the extent that we're in limbo on a limited appellate issue that,
as of a month ago Mr. Pires is ready for it to be on this agenda,
shouldn't be stripped away, and my client shouldn't have to sit in limbo
for month after month after month after month as the new board
potentially investigates whether they want to change the macro land
use planning for garages.
We have a very simple issue that -- it won't be four hours. My
presentation will be maybe 10 minutes at most. I'm not calling
witnesses because there was no -- there was no hearing for me to
overturn because it never happened the way it was taken from the
Beach Box.
So I request that it not be moved to a new board and certainly not
be swept up into this idea. And I feel bad for Mr. Klatzkow who has to
now look at changing the whole tourism use of dollars versus parking
and other restrictions. If you guys want to remove the beach aspect
from it, it could moot our appeal, but our appeal is solved in nine other
ways without being looped in -- as the county investigates all of its use
of public garages versus tourism dollars versus use restrictions and the
Ritz's rights to use it versus the flea market's right to use it.
I have a business that spent hundreds of thousands of dollars after
it got its APR to build its place out and fix it that now had it taken
October 11, 2016
Page 111
away. And they really can't sit for six months to a year as we're a part
of all of this.
Thank you.
MR. PIRES: Madam Chair, may I approach? Just a couple.
First of all, I did not ask for the hearing to be held October 25th.
I specifically asked that it not be heard until afterwards. Secondly, this
board has never heard the matter before. It was issued by staff, that
APR. Thirdly, there is no time frame in the county codes as to when
the APR appeal -- appeal of an APR denial can be heard. There's no
time frame.
In my opinion, this issue's been going on since -- for a while. I
filed an appeal. It was never scheduled. In the meantime, county staff
looked at the administrative parking reduction that they had granted
and denied it because of some issues. Then the appeal was filed by the
Beach Box, and that's only been out there, I think, for about six to eight
weeks. So it's not like it's been out there for a long time, this appeal
filing.
And, again, I'm not aware of any time constraints where you have
to hear it within 60 days or 90 days. So I think it is appropriate to not
have it heard. And as indicated in my motion for change of hearing
date, we have a serious concern that there's a bias on the part of one
particular commissioner, as outlined in our request, for a change of
hearing date, and that's why we request to have a fair and impartial
panel, it's a quasi-judicial proceeding, and that it be heard after
November 22nd, 2016.
Thank you.
CHAIRMAN FIALA: Jeff, do you want -- do you want to weigh
in on this?
MR. KLATZKOW: You're going to have such a complicated
issue if you hear this now. I mean, whatever decision you have after
that hearing, if the ordinances are changed afterwards, it's like you're
October 11, 2016
Page 112
putting the square back at peg one. I just -- it will be an unduly
complicated matter to go through a hearing.
COMMISSIONER HENNING: But you don't know if the
ordinance is going to pass.
MR. KLATZKOW: No, you don't.
COMMISSIONER HENNING: So let's go address the one issue
before we address the global issue.
COMMISSIONER TAYLOR: But the one issue is affecting the
request for the global issue. It's -- they're intertwined.
MR. KLATZKOW: It's sort of like why we do moratoriums
when you're going through your zoning changes. There's no guarantee
you're going to have the zoning change, but --
COMMISSIONER HENNING: I don't even know what the issue
is.
MR. KLATZKOW: -- you stop the process.
COMMISSIONER HENNING: I've never been down there. I'd
like to do a visit sometime, but I need some guidance where it is.
COMMISSIONER NANCE: Don't park in the parking garage.
COMMISSIONER HENNING: I'm going to take a sheriff's car
down there.
CHAIRMAN FIALA: So, Commissioner Henning, you didn't
have anything else to say, right?
COMMISSIONER HENNING: Yeah. I'm going to lunch.
CHAIRMAN FIALA: Okay. Commissioner Taylor, you didn't
have anything?
COMMISSIONER TAYLOR: You asked our attorney. I was
going to ask our attorney for his opinion.
CHAIRMAN FIALA: Okay.
COMMISSIONER TAYLOR: He says don't do it.
CHAIRMAN FIALA: Okay. And, Commissioner Hiller?
COMMISSIONER HILLER: Yes. First of all, Mr. Pires has an
October 11, 2016
Page 113
invalid appeal because he didn't file timely. Second of all, Mr. Pires
doesn't have standing to object to Mr. Cross' appeal. It is his right to
appeal to this board, and for to us deny that right is a violation of
procedural due process, and we cannot do that. And, in fact, if it has
been going on for eight weeks, that is way too long, because appeals
should be heard timely. If this is a matter of such great public
importance and if this parking issue is such an important issue, then
denying it is not right and not fair to the public.
CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: Now, as far as any bias goes, Mr.
Pires, I have no bias. I will listen to the appeal when it is presented,
and I will rule based on the facts and the law as presented to me at the
time.
I have spoken to the County Attorney as to your allegations with
respect to my position in this matter, and he does not believe that I
have any sort of conflict --
CHAIRMAN FIALA: Commissioner Hiller, let me interrupt.
COMMISSIONER HILLER: -- so there is no reason to delay
this. And you don't have standing to request a delay.
CHAIRMAN FIALA: We're going on and -- I'm sorry that I'm
talking over. I know it's hard for you to do that. You know, I don't
think we can make a decision on this now. I'm going to say, let us go
to lunch. Everybody start talking to the County Attorney or the
County Manager or just rest this case in your head and think it through,
and later on, before the end of the meeting, we'll make the final
decision on this, but I don't think we're ready to do that right now.
COMMISSIONER HILLER: I agree.
CHAIRMAN FIALA: Okay. Go to lunch.
MR. OCHS: 1:30, ma'am, or --
CHAIRMAN FIALA: No, 1:36.
(A lunch recess was had.)
October 11, 2016
Page 114
CHAIRMAN FIALA: We're back in session. Leo?
MR. OCHS: Yes, ma'am. We're going now to -- I guess when
we last left our cast of characters we were trying to -- we were trying
to figure out what you all want to do about this appeal hearing and
whether you want to hear it on the 25th or whether you don't want to
hear it on the 25th.
Jeff?
MR. KLATZKOW: Well, 10C, which passed, really has two
aspects when it comes to ordinances. One is a simple ordinance, and
the other's a Land Development Code change. Land Development
Code change is going to take months and months and months, but your
parking lot ordinance, the thought process was to bring you a draft at
your next meeting and, if directed, to advertise it for your November
15th meeting.
The way we got here was that Mr. Bosi issues an opinion; Mr.
Pires notes that you had an ordinance that is contrary to Mr. Bosi's
findings; Mr. Bosi then says, oh, yes, you're correct; he reverses his
decision; and then the Board sees the ordinance and says, wait a
second. That wasn't really our intent on this ordinance, all right. The
intent really was to stop hotels from using our parking garage for
employee parking.
You can, with a majority of support, end this issue by legislation.
We can change that parking lot ordinance, and we're done -- that
would be at your November 15th meeting -- or you can have a hearing
at your next meeting.
COMMISSIONER HENNING: Or you can have them both?
MR. KLATZKOW: You can have them both, but your problem
with having both is if you have a hearing at your next meeting, and
let's say the hearing is not in favor of the Beach Box, then you change
the ordinance at your next hearing, you're going to have a litigation
nightmare for these two people to try to cull through it.
October 11, 2016
Page 115
COMMISSIONER HILLER: Why?
MR. KLATZKOW: Because which ordinance is going to
control? The one that you had when you rendered your decision or the
one after that?
COMMISSIONER HILLER: But I think --
MR. KLATZKOW: What I'm saying is that if you want to end
this and end this without any complications, you can do it legislatively.
If you're going to hold a hearing, you might be bringing into this issue
complications. It might be. I don't know. But I know from a
legislative standpoint you can end it.
COMMISSIONER TAYLOR: And I think what you're saying is
legislatively we can end it, but, you know, I think it's a very optimistic
schedule to think that we can do this in two meetings and have that
time frame. I mean, I would think that the hoteliers who pay the bed
tax would be very interested in what Commissioner Hiller brought up.
And the issue about using their establishments contribute. They
are the bed tax. They are the tourist development tax. And the idea
that individual businesses can use facilities that their entities contribute
to, that the tourist tax dollars come from the hotels but other businesses
can use these facilities, I think would be a fascinating conversation to
have with them.
MR. KLATZKOW: Commissioners, it's the Board's pleasure
what you want to do.
CHAIRMAN FIALA: I don't know who was first, Commissioner
Henning or Commissioner Hiller.
COMMISSIONER HILLER: Yes. Commissioner Henning.
COMMISSIONER HENNING: Well, I think like it was directed,
it's a global issue is who uses our facilities. And, Jeff, correct me if I
am wrong, it's just not this one facility. It's other facilities within the
county; is that correct?
MR. KLATZKOW: Your LDC will change; it will probably
October 11, 2016
Page 116
impact more than just this one area.
COMMISSIONER HENNING: But that's LDC.
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: But an ordinance change --
MR. KLATZKOW: The ordinance change --
COMMISSIONER HENNING: -- only affects that one.
MR. KLATZKOW: That one area, yes.
COMMISSIONER HENNING: Right.
MR. KLATZKOW: The businesses in that area.
COMMISSIONER HENNING: Right. I don't have anything
better to do. I mean, I think it's most appropriate to put the -- hear the
ordinance first, and if the ordinance passes, then we don't hear the next
one. If the ordinance does not pass, we hear the appeal.
MR. KLATZKOW: But I can't advertise it -- I don't have time to
advertise it for your next meeting. It would have to come to the Board
at your November 15th meeting.
COMMISSIONER HENNING: I think it's appropriate to hear --
CHAIRMAN FIALA: The ordinance, you mean?
COMMISSIONER HENNING: -- them both.
CHAIRMAN FIALA: For the ordinance, you mean?
MR. KLATZKOW: I mean, you could continue the appeal to
November 15th as well. So then you'd have both the ordinance and the
appeal on the same day.
COMMISSIONER HILLER: You have to have two hearings for
an ordinance.
MR. KLATZKOW: You don't have to. We do this as a matter of
custom, but you would be -- we would bring back to you the proposed
ordinance at your next meeting, and then we would advertise it for the
Board's decision whether or not you wanted to pass it for your
November 15th meeting.
COMMISSIONER HILLER: Why can't you give us the wording
October 11, 2016
Page 117
for the proposed ordinance now at this meeting and then advertise it
for the next meeting?
MR. KLATZKOW: I don't have time to advertise for the next
meeting.
COMMISSIONER HILLER: Why? How much time do you
need by law?
CHAIRMAN FIALA: We're in a meeting. How can he put --
MR. KLATZKOW: Well, no, I just --
COMMISSIONER HILLER: The wording is nothing.
MR. KLATZKOW: The time frame, ma'am, is just -- with the
paper's requirements and everything else, I cannot advertise it in time.
COMMISSIONER HILLER: What's the paper's requirement?
MR. KLATZKOW: It's at least four or five days ahead.
COMMISSIONER HILLER: So what's the time requirement?
MR. KLATZKOW: And it's a 10-day ordinance -- and it's a
10-day ordinance. I am telling you that --
COMMISSIONER HILLER: You have 10 days to advertise an
ordinance? Is that the law?
MR. KLATZKOW: An ordinance has to be advertised at least 10
days, yes.
COMMISSIONER HILLER: That's in our ordinance?
MR. KLATZKOW: No. That's Florida statute.
COMMISSIONER HILLER: That's the statute, okay.
MR. KLATZKOW: Yeah.
CHAIRMAN FIALA: Okay. So, Board Members, what is your
pleasure?
COMMISSIONER HILLER: Can I speak? I was just
questioning Jeff on his comments, but I'd like to go ahead and speak.
CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: I don't believe that we can deny the
petitioner his right to appeal. I don't think we have any excuse to delay
October 11, 2016
Page 118
it. It's already been delayed two months. I think the appeal should be
brought at the next meeting as was intended, and in the meantime I
think you do what you said, which is bring the draft, because this
ordinance is not the petitioner's basis -- or sole basis for the appeal.
In fact, I don't believe that Mr. Bosi made a mistake. In fact, no
mistake was made because he did not rely on the parking garage as the
basis for his parking variance approval in the first place. In fact, what
he made very clear was that the primary reason for the variance
approval, based on what I reviewed, was that the bulk of the traffic at
that facility is pedestrian and, in fact, he quoted, like, huge numbers,
and this is Mr. Bosi, in his opinion.
So the fact that the parking garage was mentioned did not make it
the dominant argument in Mr. Bosi's initial approval.
That being said, he then turned around and denied it based on Mr.
Pires' presentation of this ordinance which, I have to say, is probably
constitutionally problematic on its face, and I don't think that we really
have a choice, because to sit there and say that this public facility can
only allow certain members of the public to use that facility and not
other members of the public -- because this is not about the businesses.
This is about the public, because what we're essentially saying in this
ordinance is that only people who walk to the beach can park in that
garage, and that anybody else cannot.
And, by the way, staff, you are not enforcing this law.
COMMISSIONER HENNING: If that's a motion to allow the
petition at the next meeting, I'll second it.
COMMISSIONER HILLER: It is, and to also allow for the
County Attorney to bring forward the modified ordinance to the next
meeting so it can be advertised for the following meeting to do both,
because they're two completely separate issues.
CHAIRMAN FIALA: But the County Attorney said he couldn't
do that.
October 11, 2016
Page 119
COMMISSIONER HILLER: He can.
COMMISSIONER HENNING: We're not going to pass it at the
next meeting.
COMMISSIONER HILLER: Correct.
COMMISSIONER HENNING: We're only going to review it --
COMMISSIONER HILLER: Approve it.
COMMISSIONER HENNING: -- make our comments, and then
--
COMMISSIONER HILLER: At the subsequent meeting --
COMMISSIONER HENNING: -- subsequent meeting.
COMMISSIONER HILLER: -- it would be brought back for
final modification. So the motion is to allow -- and why don't you
make it.
COMMISSIONER HENNING: Well, make a motion to the
County Manager to allow the petition -- the appeal on the next agenda,
County Attorney to bring back a proposed ordinance for the Board's
comments and public comments and then advertise it for the
subsequent meeting.
COMMISSIONER HILLER: So allow the appeal to go forward
and to bring the ordinance back as amended, as was suggested.
COMMISSIONER HENNING: Yeah, because this is not just the
Beach Box.
COMMISSIONER HILLER: No.
COMMISSIONER HENNING: I mean, it's other things like --
COMMISSIONER HILLER: Absolutely.
CHAIRMAN FIALA: Now, you just put the two of the them
together.
COMMISSIONER HILLER: No. Or make it two separate
motions.
COMMISSIONER HENNING: No.
COMMISSIONER HILLER: Okay. Make it one motion.
October 11, 2016
Page 120
COMMISSIONER HENNING: You don't have to make a
separate motion.
COMMISSIONER HILLER: You don't.
COMMISSIONER HENNING: It's allow the appeal.
COMMISSIONER HILLER: Right.
COMMISSIONER HENNING: And also --
COMMISSIONER HILLER: We have to.
CHAIRMAN FIALA: At the next meeting?
COMMISSIONER HILLER: Uh-huh.
COMMISSIONER HENNING: Yes. And also at the next
meeting, County Attorney, show us the ordinance so the public can
comment on it and the Board can give direction for the -- for it to come
back as an advertised ordinance change.
MR. KLATZKOW: Yeah, that's fine.
CHAIRMAN FIALA: So I have a motion and a second then, is
that -- I didn't hear you second.
COMMISSIONER HILLER: Yes, I seconded.
And I just want to confirm on the record, County Attorney, I
spoke to you about Beach Box and Mr. Pires' false allegations that I
have a conflict of interest, and you've advised me as Chief Ethics
Officer of the county that I have no conflict.
MR. KLATZKOW: That's correct.
COMMISSIONER HILLER: And that I can vote on this matter.
MR. KLATZKOW: That's correct.
COMMISSIONER HILLER: Thank you.
MR. PIRES: Madam Chair, may I approach?
CHAIRMAN FIALA: Yes.
MR. KLATZKOW: No, this is --
MR. PIRES: It's an action item.
MR. KLATZKOW: This is. No, no.
MR. PIRES: I want to rebut. I did not make any --
October 11, 2016
Page 121
MR. KLATZKOW: The public hearing's been closed.
MR. PIRES: The words "conflict of interest" do not appear in the
request for change of hearing date, so that statement is incorrect.
CHAIRMAN FIALA: Okay. Thank you.
Commissioner Taylor, you --
COMMISSIONER HILLER: County Attorney, I have no
problem voting on this matter; is that correct? I want to make that clear
for the record. Thank you.
MR. KLATZKOW: If elected officials could not vote on items
where they receive political contributions, nobody would be voting on
anything.
COMMISSIONER HILLER: Thank you.
MR. KLATZKOW: I just don't -- it's not a conflict.
CHAIRMAN FIALA: Okay. Commissioner Taylor, you had
your light on, and then we're going to vote.
COMMISSIONER TAYLOR: Yes, and that's fine because I
heard from the County Attorney about -- I just wanted his opinion on
what Mr. Henning --
CHAIRMAN FIALA: So you've gotten your answer.
COMMISSIONER TAYLOR: And yes, yes.
CHAIRMAN FIALA: Okay, fine. I have a motion on the floor
and a second. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye, aye.
CHAIRMAN FIALA: Opposed?
Aye.
All right. That's a 4-1 vote.
COMMISSIONER TAYLOR: And when is this proposed
ordinance going to be delivered to the commission?
October 11, 2016
Page 122
MR. KLATZKOW: At your next meeting you'll see a draft for
your review.
COMMISSIONER TAYLOR: Not until the next meeting or the
week before?
COMMISSIONER NANCE: And then we'll hear it on the 15th.
COMMISSIONER TAYLOR: Okay.
MR. KLATZKOW: It will be on --
MR. OCHS: In the published agenda.
COMMISSIONER TAYLOR: In the published -- okay, fine.
Thank you.
CHAIRMAN FIALA: Okay, fine.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Madam Chair, that takes us to Item 7, which is
public comments on general topics not on the current or future agenda.
MR. KLATZKOW: I have no register speakers for public
comment at this time.
COMMISSIONER TAYLOR: We forgot about the CAT.
MR. OCHS: No, that's coming next.
CHAIRMAN FIALA: No, he's just taking public comment.
COMMISSIONER TAYLOR: Oh, public comment.
MR. OCHS: We usually do that at 1 o'clock, ma'am.
COMMISSIONER TAYLOR: Yeah. I beg your partner. Can't
forget that.
COMMISSIONER HENNING: Meow.
MR. OCHS: I would never forget about the CAT.
COMMISSIONER TAYLOR: That's right.
October 11, 2016
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MR. OCHS: But before we go to the CAT --
COMMISSIONER TAYLOR: Michele's been here forever.
CHAIRMAN FIALA: Oh, I think we've got three other items.
COMMISSIONER NANCE: I thought we were talking about a
cat cat like a --
COMMISSIONER HILLER: What's new, pussycat?
Item #11D
RECOMMENDATION TO RATIFY THE COUNTY MANAGER’S
ADMINISTRATIVE EXTENSION OF THE INSPECTION AND
DUE DILIGENCE REQUIREMENT CONTAINED IN THE REAL
ESTATE PURCHASE AGREEMENT BY AND BETWEEN THE
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY AND REAL ESTATE PARTNERS INTERNATIONAL,
LLC, UNTIL OCTOBER 28, 2016 – APPROVED
MR. OCHS: Commissioners, we are moving to Item 11D, if
there's no objection, and that is a recommendation to ratify county
Manager's Administrative extension of the inspection and due
diligence requirement contained in the real estate purchase agreement
by and between the Board -- excuse me -- the Community
Redevelopment Agency and Real Estate Partners International. That
extension would expire on October 28th, 2016.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: Okay. No comments?
All in favor, signify by say aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
October 11, 2016
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COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good.
Item #11F
RECOMMENDATION TO APPROVE THE REBRANDING OF
THE COLLIER AREA TRANSIT (CAT) LOGO TO BE USED ON
ALL PRINTED AND DIGITAL MEDIA MATERIALS IN ORDER
TO ENSURE THE SUCCESS OF COLLIER AREA TRANSIT’S
BRAND IDENTITY – MOTION TO STAY WITH EXISTING
LOGO – APPROVED
MR. OCHS: Thank you, Commissioners.
Now we go to Item 11F, which was previously Item 16D9. This
is a recommendation to approve the re-branding of the Collier Area
Transit logo to be used on printed and digital media materials. And
this item was moved from the consent agenda at Commissioner
Taylor's request.
COMMISSIONER TAYLOR: And thank you very much. I was
dismayed when I saw the change, what it was changed to, but more
important I understand the impetus for the change, Ms. Arnold, was
the fact that the CAT, as represented on the bus, looks -- supposedly
looks like a panther; therefore, people think that the bus stops are
panther crossings?
MS. ARNOLD: That's not the impetus. For the record, Michele
Arnold, Public Transit and Neighborhood Director.
We have been going through just different processes within the
division. We've done upgrades to our buses to include electronic
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media, and we have --
CHAIRMAN FIALA: Tie us in?
MS. ARNOLD: Yeah, we've got all -- no -- well, we've got
advertising on the bus, in the buses, and that type of thing, but we've
been doing a lot of updates, and it came up that we should probably
re-brand.
The discussion about someone mistaking it as a panther crossing
was just an example that came up as we had conversations with the
public and with staffing and that type of thing, that people have
mistaken it for panther crossing.
We think that it's nice to have a refreshed look. I think the logo
that is being presented is nice. It kind of incorporates the county's palm
trees into the logo. We have included Collier Area Transit, introduced
some additional coloring than the typical green and -- but that was not
-- that was not --
CHAIRMAN FIALA: Even the pier, right?
MS. ARNOLD: Excuse me?
CHAIRMAN FIALA: Even the pier was in there, right?
MS. ARNOLD: Yeah. We have actually presented a logo in here
for the para transit.
COMMISSIONER TAYLOR: Para transit.
MS. ARNOLD: The para transit didn't have a logo before, and
there was comments that we -- you know, people weren't aware that it
was a part of the fixed route system. And so we're wanting to tie the
two together so there's a similarity now. And in that logo we've
incorporated the pier and some of the other things that we can provide
connections to for that system.
COMMISSIONER TAYLOR: This was a contest that was won
by a senior or junior at Barron Collier.
MS. ARNOLD: No. This particular logo is --
COMMISSIONER TAYLOR: No, no, this was paid. Before this
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was a -- the one that -- the original, the cat on the bus.
MS. ARNOLD: No. The cat on the bus was something that was
done -- I think it was our vendor at the time that came up with that
particular logo, McDonald Transit, that was the first person that came
up with the particular logo for that.
COMMISSIONER TAYLOR: What happened in 2011 where
there was a girl that won a contest, and she won $500 for designing the
logo? Was that not the logo she designed?
MS. ARNOLD: No. The logo she designed was done for -- to
commensurate our 10-year anniversary. This is the logo that she
designed.
COMMISSIONER TAYLOR: Okay. Well, besides all of that --
and, you know, I was fascinated by the panther crossing. And all I
think is, well, you don't have to change that. All you have to do is put
"bus stop" on the signs and they won't think it's a panther crossing.
But more importantly, just from my point of view, I don't think --
I think that the logo on the side of the buses is a very strong graphic
visual, and three-year-olds can identify it because it's a cat. And I
think it's very -- it's a very powerful one in terms of communication
without putting a lot of words, and I just would -- I just can't support
what you went to.
I don't say -- I'm not saying this -- I'm not saying this consciously.
I looked at the logo that was presented for me, and I looked at it, and I
thought it was a pumpkin on the side that was being jagged or bitten. I
didn't even see the cat face in it. And, yeah, you've got C-A-T, but
compared to what you have, I just -- I just think it's going the wrong
way, so I'm -- I just can't support it.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: What's the two buildings in the
center?
MR. ARNOLD: One's a hospital and the other one's just, like, a
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general office building, because we -- a lot of our service for the public
-- the para transit, we take people to their medical appointments, and
we take people to work and that type of thing.
COMMISSIONER HENNING: Which hospital?
MS. ARNOLD: All of them.
COMMISSIONER HENNING: Good answer. What's the cost of
re-branding, I mean, re-signing the buses?
MS. ARNOLD: We're going to be doing it as we actually go
through. If we get a new bus, we would then wrap it, and it wouldn't
be any additional cost. We're not going to be removing the logos on
the existing buses. We're not removing the logos on any of the
existing things. So going forward is when we would be incorporating
this.
COMMISSIONER HENNING: Well, I'm not married to this
item. I really don't care.
MS. ARNOLD: The item went through some public vetting, and
we brought it to our Public Transit Advisory Committee, and they
endorsed it, and the Local Coordinating Board endorsed it as well. I
mean, Commissioner Fiala's been involved; she's very involved with
the Local Coordinating Board, and she saw all of this item.
CHAIRMAN FIALA: I had one question. Are we still -- and this
has nothing to do with this. Are we still using the trolley --
MS. ARNOLD: Yes.
CHAIRMAN FIALA: -- wrap on there, too?
MS. ARNOLD: Yep.
CHAIRMAN FIALA: Oh, okay. Fine. Okay.
MS. ARNOLD: Yeah, that's not changing. We also went
through -- as a part of the process, the office, the communications
office, just to make sure that we're complying with the -- the county
has standards for their logos, and this is all compliant with that as well.
CHAIRMAN FIALA: Okay. Thank you.
October 11, 2016
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COMMISSIONER TAYLOR: I can't change your mind,
Commissioner Fiala, Chairman Fiala? Can't stay with the tried and the
true and the beautiful graphic that says it without having a lot of words
on it?
CHAIRMAN FIALA: Well, I don't -- I didn't know what the
lines were in this. I was thinking it was a film. I don't know that.
COMMISSIONER TAYLOR: See, that's when it's a bad logo,
when you can't get it.
CHAIRMAN FIALA: But then the leaves at the end of the film
so -- actually, I'll go along with whatever anybody else wants. I love
the one on the para transit. It's really great. I'm not crazy about this
one but, you know, it's up to you guys.
COMMISSIONER HILLER: Can you put it up for the public to
see, please.
CHAIRMAN FIALA: Oh, yeah. Good suggestion.
MS. ARNOLD: You can see it on the monitor. It's the one on the
side, on the right side, and then the one below is the -- Collier Connect
is the para transit.
COMMISSIONER TAYLOR: Well, my colleagues?
CHAIRMAN FIALA: Boy, nobody's saying anything.
COMMISSIONER TAYLOR: I'd like to make a motion that we
stay with the original logo.
COMMISSIONER HILLER: I second it.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER HILLER: Because I think that the money -- I
mean, why would you change it?
COMMISSIONER TAYLOR: It's so beautiful.
COMMISSIONER HILLER: But why -- the cost of the change.
MS. ARNOLD: There is no cost. The cost will be when we're
reprinting something, we'll put this new logo on it.
COMMISSIONER HILLER: All the signs on the buses?
October 11, 2016
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MS. ARNOLD: They'll stay on there until it's time for us to
rewrap them.
COMMISSIONER HILLER: Which will be when? So now
you're going to have two sets of logos running?
MS. ARNOLD: Yeah. I think it's --
COMMISSIONER HILLER: That's a waste. There's nothing --
what -- I just don't understand what's really wrong.
MS. ARNOLD: It's no different than when we re-branded the
Collier County logo.
COMMISSIONER HILLER: And what, we got rid of the
turkey? Did we get rid of the turkey?
MR. OCHS: No.
MS. ARNOLD: The turkey's on some things. It's just like we
have two logos.
COMMISSIONER HENNING: Let's flip a coin.
COMMISSIONER HILLER: That turkey --
MS. ARNOLD: I think -- you know, like I said, the committee --
your Public Transit Advisory Committee, you know, was very excited
about having this new logo. This particular one was -- we utilized an
intern that we were using over the last six months to come up with this
particular logo, and, you know, I think he did a really nice job with
incorporating some of the characteristics of the community and trying
to make it nice and fresh, and, you know, I think it --
COMMISSIONER HILLER: You've got a building that looks
like it has a cross on it on the CAT Connect?
MS. ARNOLD: Yeah, that's a typical kind of hospital type.
COMMISSIONER HILLER: Oh, I understand, but it doesn't
look like that. It looks like it could be, you know, a religious building.
I don't know. I really like what you had. I actually look -- just
the other day I saw one of your buses, and I was thinking how
attractive it is. I think --
October 11, 2016
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CHAIRMAN FIALA: Clean.
COMMISSIONER HILLER: -- how, you know, the buses are so
well-maintained, they look really attractive, the logo is charming. I
think this is an unnecessary step. I support Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN FIALA: Okay. So let's hear a motion.
COMMISSIONER HILLER: She already made a motion.
COMMISSIONER NANCE: You've got a motion and second.
COMMISSIONER HILLER: Keep it the way it is.
CHAIRMAN FIALA: Okay. A motion and a second.
COMMISSIONER TAYLOR: It's to stay with the original logo.
CHAIRMAN FIALA: Okay. Any further comments?
Questions? Audience?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. 5-1 -- or 4-1. I didn't know how to
add today.
COMMISSIONER TAYLOR: Give that man at the end some
more guacamole.
MR. OCHS: Madam Chair, that takes us to --
COMMISSIONER HENNING: Guacamole? Holy guacamole, I
like guacamole.
COMMISSIONER HILLER: With unripe avocados.
COMMISSIONER TAYLOR: That's right. Bring that up.
COMMISSIONER HILLER: That was funny when you brought
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that up.
COMMISSIONER HENNING: In fact, I had that for dinner last
night.
Item #15
STAFF AND COMMISSIONER GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, we go to Item 15, staff and
commission general communications.
Nothing for me this afternoon, Madam Chair.
CHAIRMAN FIALA: How about the County Attorney?
MR. KLATZKOW: Nothing from me, ma'am.
CHAIRMAN FIALA: Okay. Let's start, then, with
Commissioner Henning.
COMMISSIONER HENNING: David, we're going to have to
check out what's going on in the Vanderbilt area. I have a cast net. I'm
sure you have a fishing pole, and I'm sure you'd like a glass of wine.
We can catch our bait, maybe fish.
COMMISSIONER HILLER: Don't park in the parking garage.
Whatever you do, do not park in the parking garage. You park in
there, I will personally hunt you down. Just kidding.
COMMISSIONER HENNING: We'll take a county vehicle.
COMMISSIONER HILLER: Don't park in the parking garage
unless you go to the beach.
CHAIRMAN FIALA: That's it, huh?
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: Okay, good. And even David had a little
smile there, so that's good. So David commented at the end of the
meeting.
Thank you, David.
October 11, 2016
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Commissioner Hiller?
COMMISSIONER HILLER: I like the new art at the back of the
chambers. I think it's fun to see the rotation and how different these
artists view things. It's very cool. So I like the color.
I would like to say thank you to the Board for all the support in
the fight against domestic violence and the fight against human
trafficking. I think it's great for this county. So I appreciate all that
you're doing to support that initiative.
And I look forward to working with Commissioner Fiala when
I'm off the Board, because I'm not stopping this, and --
CHAIRMAN FIALA: It's good that you're not stopping it.
COMMISSIONER HILLER: -- I really appreciate that you will
be the voice.
CHAIRMAN FIALA: Sure. Well, you'll be the voice. I'll just be
the support system behind the scenes.
COMMISSIONER HILLER: I'm very grateful. I'm very
grateful, because this is something that must not stop under any
circumstances, so thank you.
CHAIRMAN FIALA: I agree.
Okay. Commissioner Taylor.
COMMISSIONER TAYLOR: Oh, me. Okay. So this is on -- a
little more serious, and there's nobody -- nothing -- I'm going to
preface this by saying I'm not looking at any particular entity, but I
would like -- and maybe it's a discussion later, County Attorney, to
know how the county determines ownership of lands or properties that
come before us.
There has been an issue within the city that LLCs are coming in,
and they can't trace back the owner, which means there's no way of
determining if the voting body has a conflict or not because it's an
LLC.
So I just would like to know within the county how we determine
October 11, 2016
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ownership so that the public knows there's no conflict up here. And,
again, I'm not -- this is really predicated by what has been discussed in
the city. It has nothing to do with what we do up here.
MR. KLATZKOW: I know what I used to do when I was in land
use, but I'm not in land use anymore, is I used to do make them
actually tell me who the principals were so that the board would know.
COMMISSIONER TAYLOR: Do we do that, Mr. Ochs?
MR. OCHS: I don't know.
COMMISSIONER HENNING: It's supposed to be on the
agenda, a part of our agenda.
MR. CASALANGUIDA: I believe we do, ma'am. I'll double
check, but I know there's supposed to be disclosure statements and the
original owners of the properties, and I think that's done between Heidi
and --
MR. KLATZKOW: That was the practice when I was doing
these.
MR. CASALANGUIDA: I don't think it's changed, sir, but we'll
confirm that.
COMMISSIONER TAYLOR: Okay, yeah. And that's about it.
Thank you.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Yes, thank you. I have two items.
One of them, I think, is pretty easy and one of them might generate a
little bit more conversation among board members.
And it's my understanding in a very, very good-news item that
FDOT Secretary Boxold in Tallahassee has indicated that there may be
some additional monies to accelerate the improvement of State Road
82, which all of you know has been a very, very serious safety concern
up in three of our counties (sic) in the north end of the county.
So I would like to -- I would like to get some nods to see if it
would be okay to collect that information from staff and have our
October 11, 2016
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Chairman Fiala send a letter to Secretary Boxold in support of
additional -- you know, going ahead and taking him up on his
suggestion to work on State Road 82, and I would also like to say that
-- kind of in a related item, on our consent agenda we had the approval
of a commercial excavation permit right in the area up there that's
being considered for improvement and also I think a great asset for
actually making those improvements. It may allow us to -- you know,
if we have that sand source up there for a road construction, so on and
so forth, it might actually help us get that done in an economic fashion.
So I would like to see if there's nods on the Board for that going
forward.
COMMISSIONER HILLER: I would like to talk about that. I
think it's very important. The intersection of State Road 29 and
County Road 29, you know, that four corners right there?
COMMISSIONER TAYLOR: You mean 82.
COMMISSIONER HILLER: No, I'm talking about 29. Do you
know what I'm talking about?
COMMISSIONER NANCE: Twenty-nine what?
COMMISSIONER HILLER: State Road 29 and County Road
29. Do you know where I'm talking about? Like, when you go down
towards -- it's the intersection on the way down to Everglades City.
COMMISSIONER NANCE: You're talking 29 and 41?
COMMISSIONER HILLER: Well, it's called -- I mean, the
intersection is called -- and I can't tell you if -- I guess it's 41. Yeah, it
is 41. It's the old 41 that goes out.
COMMISSIONER NANCE: The one where they have all these
bad accidents --
COMMISSIONER HILLER: Exactly.
COMMISSIONER NANCE: -- because people are having adult
beverages down there in the evening and --
COMMISSIONER HILLER: Well, it's not in the evening. I
October 11, 2016
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mean, there was an accident yesterday in the middle of the day, which
I think was a fatality. That is another intersection we have to look at --
and because it's the intersection of a county and a state road -- there is
no light at that intersection. You've got flashing lights, and whatever it
takes, I would like to help to get that changed, because that intersection
has repeated accidents and my understanding is fatalities, which goes
to your State Road 82.
So I would like to work in conjunction with you on 29.
COMMISSIONER NANCE: That's a separate item, ma'am, but
--
COMMISSIONER HILLER: It is.
COMMISSIONER NANCE: -- you know, one of the things --
COMMISSIONER HILLER: But I want to just -- since they're
going to be working on these intersections and these high-hazard
intersections, I would like to bring up 29 at the same time.
COMMISSIONER NANCE: Before we drop back to Secretary
Boxold, which was my original comment, I'll tell you that one of the
issues on that intersection is the sightlines because, you know, you've
got all those preserves there and you simply can't see.
COMMISSIONER HILLER: At State Road 29?
COMMISSIONER NANCE: And 41.
COMMISSIONER HILLER: And 41, yeah.
COMMISSIONER NANCE: There's the woods there, and, you
know, it's just kind of problematic sometimes.
COMMISSIONER HILLER: Then we need to do something to
cut that back. I mean, if we have to clear it to create a better sightline.
And it is so dark at night. So whatever we need to do. Like I said, call
FHP, major accident in the middle of the day yesterday, you know,
massive collision. Same type of issue.
COMMISSIONER NANCE: Okay. Well, let me get back. Is
there support from board members --
October 11, 2016
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COMMISSIONER TAYLOR: Yes.
COMMISSIONER HILLER: Yes.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER NANCE: -- on sending a supporting
correspondence to Secretary Boxold?
COMMISSIONER TAYLOR: Now, we have an MPO meeting
also on Friday.
MR. OCHS: Yes.
COMMISSIONER TAYLOR: And so maybe that would be also
an opportunity to -- both to have not only our chairman do it but to
have the MPO and to bring this up with the MPO and see if we've got
support for it.
COMMISSIONER NANCE: Any other comments, gentlemen?
MR. OCHS: There's just -- perhaps, instead of a letter, a
resolution of support from the Board --
COMMISSIONER NANCE: Okay.
MR. OCHS: -- both to Secretary Boxold and to our MPO for this
project.
COMMISSIONER NANCE: Staff could prepare that --
MR. OCHS: Yes.
COMMISSIONER NANCE: -- and get that out?
MR. OCHS: We'll get it on the agenda.
COMMISSIONER NANCE: I'll change my motion to that, if
that's more appropriate.
COMMISSIONER TAYLOR: Can we incorporate whatever we
do in the MPO on Friday into that resolution, or does it have to stay
germane just to the County Commission?
MR. CASALANGUIDA: Yes. Commissioner, I'd keep them
separate. One is the MPO, which is a different governing body that
you're part of --
COMMISSIONER TAYLOR: Okay.
October 11, 2016
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MR. CASALANGUIDA: -- but I think if the county puts a
resolution at the next meeting, which we'll prepare, and then at the
MPO you discuss as the MPO body a resolution, I think you've got
both bases.
COMMISSIONER TAYLOR: Perfect. Thank you.
COMMISSIONER NANCE: Okay. All right. If that's good.
And my second item is going to generate, I think, a little more
discussion, but I honestly will tell you that has been a concern of mine
for a while, and other Commissioners may feel the same way.
But it's -- I'm starting to get comments from Code Enforcement,
I'm getting inquiries from staff, and I continue to get inquiries from
merchants out there, and that is over the expansion of flea markets in
Immokalee.
COMMISSIONER TAYLOR: Wow.
COMMISSIONER NANCE: I believe that -- you know, before
this deteriorates and people start saying, look, it's like the farmers
market situation, it's really not. It's a situation --
COMMISSIONER HENNING: Those are flea markets.
COMMISSIONER NANCE: It's a flea market. And the flea
market question in Immokalee has been problematic for a long time,
and this is why I think that we finally are going to have to come to
grips with it, and that is because one of the elements in the Promise
Zone is economic development, and some of our small merchants
continue to complain about what they feel like is unfair competition
from flea markets and the fact that the flea markets don't have adequate
parking. They don't have adequate sanitary facilities for hand-washing
and bathrooms and things of that nature. They don't have permit
buildings that have any structure to them. They are put out there in
tents in temporary -- you know, our flea markets use is not very well
defined.
So what I would like to do is I would like to get nods from the
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board members to allow staff to come back and look at a temporary
moratorium on permitting flea markets until we allow the Immokalee
community to go through their Growth Management Plan and consider
how their Growth Management Plan is going to permit flea markets
and allow them to be run and how flea markets are going to impact, if
at all, our economic development plans for Immokalee and, you know,
the CRA's efforts to renovate downtown Immokalee, because you've
got a lot of things coming into play, and I don't know anyone that's
investing in Immokalee in -- you know, in business, that feels real
good about these flea markets.
So I just would like to have somebody come back to just put a
temporary to it. I know people may hate these moratoriums, but I
think it's appropriate until Immokalee can conceive what it wants to be
in light of the Promise Zone and its new Growth Management Plan.
COMMISSIONER TAYLOR: I could support that.
COMMISSIONER HILLER: But you're going to put that on a
future agenda, right?
COMMISSIONER NANCE: Well, I'd like to just get nods to let
staff go ahead and bring something forward to --
COMMISSIONER HILLER: Why don't you just put it on the
agenda?
COMMISSIONER NANCE: Well, if staff wants to go ahead and
work it up; they know the exact elements that they want to consider
and give to the Board for some options, so...
MR. CASALANGUIDA: Based on board direction, we'll prepare
the item, if that's the case.
COMMISSIONER TAYLOR: Yeah, I would --
COMMISSIONER HILLER: But it's Commissioner Nance's
item or your item?
COMMISSIONER NANCE: Well, I'm supporting what -- there's
a lot of staff members that have some concerns about this, and I'd like
October 11, 2016
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them to all get together and put it on one consolidated agenda item.
CHAIRMAN FIALA: Can I ask who now is in charge of the
CRA? Ever since we lost Penny, you know, we haven't had anyone
really steering that very well, have we?
COMMISSIONER NANCE: Oh, yes, absolutely, Commissioner
Fiala. We've got a very active --
CHAIRMAN FIALA: Who?
COMMISSIONER NANCE: -- you know, active president.
CHAIRMAN FIALA: Who is it? No, but I mean the CRA
executive director. Do we have one?
MR. OCHS: No.
COMMISSIONER NANCE: No, no. We have staff involvement
directly with the CRA Advisory Board, which I think is at least as
effective. There's nothing -- in my view, my personal opinion is that
there's nothing to executively direct.
So, you know, at the time the Immokalee CRA would acquire
properties more in the style of what Bayshore has done, there might be
something to executively direct, but they have no assets and, frankly,
they're trying to keep their costs as low as possible so that they can
facade grants and other things because they just -- they don't have a
revenue stream that is anything like what Bayshore has.
It's really -- you know, ever since the recession and the reduction
in the value of properties out there, the Immokalee CRA has been
fairly limited as to what they can actually do. I mean, I hope that that's
going to take on a different, you know, form as we go forward and
prosperity breaks out out there.
But I just think this is a chronic problem that is timely to address,
whether we're just going to let these proliferate or we're going to
support business. Commissioner?
COMMISSIONER HENNING: Yeah. Christine Betancourt is
the liaison who's been with the CRA for years and years.
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CHAIRMAN FIALA: Yeah, I know.
COMMISSIONER HENNING: You know her? Oh, do you
know that?
CHAIRMAN FIALA: Yeah, and she's very, very nice, and she
comes to all of our meetings. I was just meaning somebody who was
--
COMMISSIONER HENNING: But, anyways, what I was going
to say is, Nick, maybe the proper venue would be the Immokalee
LDRs.
MR. CASALANGUIDA: I was telling the County Manager, sir,
the problem with a moratorium is those LDRs in the Immokalee area
master plan are several -- is a little bit out in terms of time-wise, and
that moratorium can't go on forever unless you're going to take some
action.
COMMISSIONER HENNING: Oh, there's several --
MR. CASALANGUIDA: Well, I know the Immokalee Area
Master Plan and the Growth Management Plan amendments that I
think Commissioner Nance referenced is the fourth in line as part of
the four planning studies.
COMMISSIONER HENNING: Okay. Well, can you bring an
amendment forward to the LDR, Immokalee LDR because it's --
MR. CASALANGUIDA: You could.
COMMISSIONER HENNING: -- addressing the downtown
area.
MR. CASALANGUIDA: Separately. And I think that's what the
moratorium would have to state is that you'd be directing staff to start
an LDR Land Development Code amendment specific to flea markets
and that types of use.
COMMISSIONER NANCE: Yeah. I don't know the
methodology that we should employee. All I'm telling you is that I'm
getting feedback from a lot of people that say we've got something
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broke. And I don't know what the methodology is, but if staff can
bring back some options for the Board, I would appreciate it, because I
think everybody's looking for some relief.
MR. CASALANGUIDA: I understand.
COMMISSIONER TAYLOR: I would support that.
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: Yep.
COMMISSIONER HENNING: Sure.
COMMISSIONER NANCE: Other than that, nothing too
exciting for me.
CHAIRMAN FIALA: Okay.
COMMISSIONER NANCE: Nothing too shiny.
COMMISSIONER TAYLOR: Commissioner Fiala, may I -- I
forgot one thing.
CHAIRMAN FIALA: Go ahead.
COMMISSIONER TAYLOR: It will just be quick.
The -- we have -- and thank you very much for your support for a
moratorium -- this is what triggered this -- for the gas stations in that --
in the Triangle, which is Airport, Davis, and 41.
But people much smarter than me have come to me, staff, saying,
you know, we have got this development going on, and we need to
look at the whole area to see what we can do in there, and we don't
want it just to be developed helter skelter. We kind of wanted to have a
path, you know, and a map to it.
So I think I would bow to staff on this. But, you know, I'm
thinking that it's not the whole overlay, CRA overlay, but that
particular overlay, I think if we could tackle it as a whole area, what --
the question is, what do we want it to become? And, you know, a lot
of the fears have said, oh, my gosh, you're going to allow this tower
and it's going to continue and continue. Well, I don't think it's anyone's
intention, but unless we plan it --
October 11, 2016
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COMMISSIONER HILLER: I agree.
CHAIRMAN FIALA: And, you know what, we've put together
--
COMMISSIONER HILLER: No, I think --
CHAIRMAN FIALA: Excuse me. But we put one together
many years ago, remember that?
COMMISSIONER TAYLOR: Sixteen, ma'am; 16 years ago.
CHAIRMAN FIALA: I don't know if it was 16 years ago --
COMMISSIONER TAYLOR: It was.
CHAIRMAN FIALA: -- because I was already on the Board
when we did this. And we had the meetings and everything, but I don't
know if we ever came out with a final product. But Bob Mulhere was
helping us on that, and I don't remember who else was helping us on it,
but I know the East Naples Civic Association because of that. What we
were planning was a whole corridor from Davis Boulevard to U.S. 41
all the way down to U.S. 41 and 951, because we felt that it needed to
have a plan in place, and we had a lot of drawings and everything. I
don't even know if we could resurrect wherever that thing is, but it
would be interesting because we're getting -- on U.S. 41, it's now
becoming a proliferation of gas stations.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN FIALA: All the way down the way, and there's -- I
mean, there's a number of them, and -- three -- how many RaceTrac
we've got -- well, in that East Naples area, I think we've got seven
RaceTracs already, but that's not only on U.S. 41 but all in East
Naples, and we've got three that are Wawas just coming in there, and
then we've got the one from the new Walmart that's just being
reconstructed to make it a bigger, grander one that's going to have a
gas station there. It's going to be a real problem for the people trying
to get out of the Glades because it's just a little road.
And then, of course, we have the Murphy Oil that's going in
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across the street by Sam's Club, but they already have a gas station
there. Plus we have other gas stations. And oh, by the way, also
following it are car washes.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN FIALA: We've got -- now another one's coming in
behind -- behind Culver's, and so we've got three car washes right
there, with that new one coming in. Plus there's more people putting in
car washes, and there's already some, you know, like the one over in
front of Naples Manor, and we have Naples Car Wash. And it's
becoming an industrial street rather than --
COMMISSIONER TAYLOR: And it's not what we want.
CHAIRMAN FIALA: -- than a retail commercial street. And,
you know, you can't go to gas stations and have your dinner, right? I
mean, there's just -- you can't really -- or shop. There's no place else to
go but these places, and I think it's way too much.
COMMISSIONER HILLER: But they have good ice cream at
RaceTrac. Just saying. No, I'm kidding. Can I say something to what
you just addressed?
CHAIRMAN FIALA: Sure.
COMMISSIONER HILLER: I think -- I think what we need to
do is we've got one major project there that we do have to look at the
zoning on, and we can't delay that, and that's that triangle project
where we're in the middle of the sale, and we've asked them to reduce
their height and so forth.
To the point of Commissioner Taylor and Commissioner Fiala,
except for that project, I think what we should do is have a moratorium
on any density awards, any zoning changes pending a planning zoning
study of that CRA area for the very reasons that both Commissioner
Taylor and Commissioner Fiala are describing.
That one project we can't put a freeze on because that's a project,
you know, we're selling on the basis of we've got to get it done now.
October 11, 2016
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But I think all the other projects, whether it's another building looking
for density or a gas station looking to get zoning in that area, you
know, other than what's vested, I think we should just essentially put a
moratorium on pending the zoning analysis for that area in light of
how we want to see that area gentrify, and I think we're going to do
zoning changes.
CHAIRMAN FIALA: Let me insert here that I don't know that
the moratorium is the right way to go, because right now properties are
being bought up. Yes, you want to make sure you can control that
growth and make sure that it's smart growth --
COMMISSIONER HILLER: The moratorium --
CHAIRMAN FIALA: Excuse me -- but you don't want to have
collision shops opening up and more car washes and more gas stations.
What you want to do -- what do you want for that area? Well, what
you want is something that would be inviting to the tourist population,
something that would be uplifting, something that would bring it some
stature. You don't want any more industrial properties.
Now, I would venture to say that once the -- whatever that realty
partners or real estate partners or whatever it's called, however, they --
whoever's buying that, right, my guess is that their project is going to
stretch out to the entire mini triangle, not just their few little properties.
I'm guessing this, of course.
COMMISSIONER HILLER: Few little properties? You mean
what they're buying from the county?
CHAIRMAN FIALA: Yes, yes. The county started buying them
up; the CRA started buying those properties up, I think very wisely,
way back when, and the reason they did that was because they didn't
want a mishmash of businesses there, especially if they were -- you
know, they were not anything that would be an asset to that whole
area.
Well, they got six properties purchased and then, of course, the
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market fell down the drain, but at least they were able to then try and
control what the growth would look like with those six pieces of
properties out of 14. And I think that's what you're going to see
coming to fruition there. Meanwhile, I understand other people are
buying some of the other properties in there, and that's going to be
interesting. There's one, and you don't know this one yet, but anyway,
where the roof has fallen through. You can't see it from the street.
You can only see it from the roof, and it's falling through, and it's all
inside. I mean, the place is in complete demolition form. They don't
have to demolish much because a lot of it's already gone.
So things are beginning to move around, and I think that it would
be up to us, up to us to make sure that what it becomes --
COMMISSIONER TAYLOR: That's right.
CHAIRMAN FIALA: -- is something that the community can
use and that we can all be proud of.
COMMISSIONER TAYLOR: Yep.
CHAIRMAN FIALA: And if we just -- but, again, you have
these property rights. They come in and then --
COMMISSIONER HILLER: So you're singling out one type of
property for a moratorium but nothing else?
CHAIRMAN FIALA: Actually, this is all commercially zoned,
right?
COMMISSIONER HILLER: Okay.
CHAIRMAN FIALA: And so, you know, it eliminates
residential.
COMMISSIONER TAYLOR: Why not mixed use? Why not
workforce housing?
CHAIRMAN FIALA: Right.
COMMISSIONER TAYLOR: Why not? Why not? Why not?
CHAIRMAN FIALA: Well, you know what? We've got so
much workforce housing. It's all we have in our area.
October 11, 2016
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COMMISSIONER TAYLOR: Essential services.
CHAIRMAN FIALA: So I say, let's not do that. You know what,
our backpack is so full of low income housing.
COMMISSIONER TAYLOR: No, no, no. Essential -- our
doctors, our nurses.
CHAIRMAN FIALA: You know what essential services is? I
want to guarantee you that you can even build a whole village of very
low income, but they're essential services because we can't live without
them mowing our lawns.
COMMISSIONER TAYLOR: No. Let me restate it. That's not
what I was talking about. I was talking about our teachers and our
nurses and --
CHAIRMAN FIALA: Well, see, that's a different thing. But
then you made -- you should state that. See, instead of giving it -- you
know, essential services say, you know, for that category, moderate
income category or skilled worker category so we know what you're
talking about, but I don't think that that area -- that's a commercial area.
That would be an area for, hopefully, people that will be able to shop
and go to restaurants, but not big garish things. But, you know, some
ice cream shops and some shoe stores. You know, as far as I know,
other than the one right across the street from here, we don't have a
shoe store in East Naples.
Just travel down the streets. I don't care whether you go down
Davis Boulevard or U.S. 41, you can't buy a pair of shoes. I mean, it
would be nice to have a few things that -- we've got our first stores
ever in the Stein Mart and Michael's and --
COMMISSIONER TAYLOR: 951.
CHAIRMAN FIALA: Yeah, right. But we don't have anyplace
else, really, to shop. We have Bealls and Anthony's. That's it.
COMMISSIONER TAYLOR: Well, however we do it, it's a
planning exercise. So how do we do it? And I'm not -- I don't think
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we should go -- I'm thinking if it's called a mini triangle, which I'm
trusting you, but that Airport/Davis/U.S. 41.
CHAIRMAN FIALA: That's the full triangle, yeah.
COMMISSIONER TAYLOR: That whole area, how do we --
how do we shape this so that it is what we want and we reassure the
public that it's not skyscraper after skyscraper? How do we do this?
MS. ARNOLD: For the record, Michele Arnold.
The Bayshore Gateway Redevelopment Area, the CRA is getting
ready to start an initiative which is an update of their redevelopment
plan. As a part of that redevelopment plan, these types of things that
you're talking about can be addressed and will be addressed. Because
you're going to be looking at, you know, the land use makeup, looking
at the development pattern like you're talking about, looking at the
housing and economic development. Those are all those components
that is going to be a part of that redevelopment effort.
COMMISSIONER HILLER: So --
MS. ARNOLD: In the Immokalee area, they're starting that
initiative. We're getting ready to look at their redevelopment plan,
annual plan that they look -- that they adopted over the years and try to
start that discussion as to shape those things.
COMMISSIONER HILLER: Right. And here's the problem
you've got: The idea of a master plan for the Triangle, I think, is
outstanding, and that is exactly what the Triangle needs. But what we
cannot do is, like, for example, you've got the Immokalee Master Plan
being worked on, the Triangle master plan, and let's call it that going
forward, being worked on, to selectively pick certain businesses for a
moratorium pending this rezone and not consider it for the area.
So I mean, if you want to -- you can't sit there and say, okay, well,
let's put a freeze on gas stations because we don't like them, but we'll
award zoning changes for other properties. You can't sit there and say,
okay, we're going to put a freeze on flea markets in Immokalee
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pending this master plan for gentrification, but we're not going to put a
freeze on any other businesses.
I mean, to engage in this, you know, selective freezing of certain
businesses over others as you develop the plan and use the plan as the
excuse to freeze, I think, is problematic. I think that if you more
generally say, all right, we're going to not do anything for the
pendency of the development of this plan, because whatever we want
to do prospectively we want to be, you know, cohesive and in the best
interest of that community based on that plan, I think that is reasonable
because it's for a limited duration pending this tool that we need to use
because we don't want to make mistakes. We want to see the change
occur.
MS. ARNOLD: And I think that has been what has occurred, that
the moratoriums that have been put in place or are being suggested are
for a limited time period until such time that you are able to define
exactly what it is that you're wanting for that community.
When you have an issue like, you know, what's been brought up
in Immokalee, there's proliferation of a certain type of use that is
changing the character and affecting, potentially, the economic
development of that particular community, you don't want it to
continue while you work on a study for eight years that is going to --
COMMISSIONER HILLER: But you can't -- well, first of all,
the length of these studies --
MS. ARNOLD: I mean, not eight years, eight months.
COMMISSIONER HILLER: Right. I was going to say, let's,
please, don't scare us.
MR. OCHS: Freudian slip.
COMMISSIONER HILLER: You want the duration of these
moratoriums to be for a limited period of time.
MS. ARNOLD: Exactly.
COMMISSIONER HILLER: Again, you've got some businesses
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that you find unacceptable, others that you don't. I mean, I don't think
you can be selective in that fashion. I think to sit there and say, okay,
we're going to put a moratorium on these businesses because we just
don't like them and not consider the totality is problematic.
MS. ARNOLD: And I don't think that that -- that we're reacting
based on what we don't like. It's based on the experience that we're
seeing and what it's doing to change the particular community. It's not
--
COMMISSIONER HILLER: What exactly is it doing? And let
me ask, how could -- if there is, again, this harm, how could it have
taken you so long to bring it to our attention? I mean, if these are
material harms -- this has been going on -- I mean, the discussion
about flea markets in Immokalee has been going on forever.
MR. OCHS: Wait a minute.
CHAIRMAN FIALA: Commissioner, we're going on and on and
on.
MR. OCHS: First of all, staff hadn't suggested a single
moratorium. They've all come from the dias. We've got gas stations,
we've got charter schools, we've got --
COMMISSIONER HILLER: Golf courses.
MR. OCHS: -- golf course conversions --
COMMISSIONER HILLER: Everything.
MR. OCHS: -- you know, so...
COMMISSIONER HILLER: I agree, and that's my concern. I
feel that this practice of selectively imposing moratoriums while we've
got this planning process in place is problematic. I mean --
COMMISSIONER TAYLOR: But -- I mean -- and I'm playing
devil's advocate, and I'm not trying to be argumentative. How do we
do this? And I guess that's my question. How do we -- how do we
make these important changes for a very positive growth in areas, be it
Immokalee or the Triangle, and not put a moratorium over that? How
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do we -- because it's just going to keep on going.
I mean, if people are buying in the Triangle, they're going to
come in and ask for certain zoning or there's certain underlying zoning
that we have to honor because of property rights. How do we do it?
Government moves at -- government moves at its own pace, and it has
to. That's what government is. Business is like that.
COMMISSIONER HILLER: Right. Well, we can't deny what's
vested.
CHAIRMAN FIALA: You know something that just occurred to
me. Sometimes we have a workshop, right? Except that we've never,
in my 16 years, have ever had a workshop where staff hasn't prepared a
thing, where nobody has anything written, and we just brainstorm.
Everybody can throw in ideas about what they have, and then when
you come up with whatever your area -- and I think that the two areas
are certainly ripe for this discussion -- what do you want to see them
become, and then once staff knows what we're talking about and once
staff knows what we would like to do -- and, by the way, hearing from
the audience and the people that actually live in there, then we can task
them with trying to help us come up with a plan.
COMMISSIONER HILLER: Sounds like an open mike might.
CHAIRMAN FIALA: Huh?
COMMISSIONER HILLER: An open mike night.
CHAIRMAN FIALA: That's a good thing, except nobody sing,
okay. Nobody sing.
COMMISSIONER NANCE: That's called a cage fight. That's
not open mike night. It's just...
Well, I think you realistically have to give staff a little bit of a
clue on what you want to talk about --
CHAIRMAN FIALA: Well --
COMMISSIONER NANCE: -- because --
COMMISSIONER HILLER: Why?
October 11, 2016
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COMMISSIONER NANCE: -- you at least like to be able to
have them be able to answer a question. If you just blindside them,
they're going to go, well, I don't know. I'll get back to you. That's
about the best they can do.
CHAIRMAN FIALA: That's what I'm saying is it would be the
subject, whether it be Immokalee or whether it be -- I would say the
whole U.S. 41 corridor, or whether it be a particular spot, you know,
you know what the subject is going to be, and then everybody can put
together their mindset, their thoughts about that thing, and then tell
staff what they're thinking.
Staff can say, you know, you can't do that or that's illegal or, you
know, maybe we could do that, or they could direct us and then maybe
come up with the plan. I could never come up with the plan. They're
the ones that are smart enough to do that. I just have ideas.
COMMISSIONER NANCE: Ma'am, I don't -- look, I don't have
the answer to this --
CHAIRMAN FIALA: I know.
COMMISSIONER NANCE: -- flea market conundrum. All I'm
saying this -- I'm not saying -- look, I'm not even saying the flea
market people are bad. But what happens is, when we have very high
standards -- we try to put the highest standards we can in Immokalee
that still allows them to function. We have people that are out there
spending money for facade grants to make their buildings look better.
They're trying to do all these things. We're trying to improve the
parking. We're not trying to have people with unpaved parking.
We're trying to make sure that people have a safe environment,
that we have sanitary circumstances. And you go in and you let
something develop, and it's going -- it's going to develop of its own
volition where everything sinks to the lowest common denominator on
the economy out here because people have to compete.
So, you know, you have -- you have sales over the Internet. You
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have sales in retail stores and supply stores. You have sale -- you have
dollar stores that are coming in that supply things very competitively
and, you know, competition is good. It keeps the prices of things low.
But when people don't have to have insurance, they don't have to
have bathrooms, they don't have to have fire safety, they don't operate
with a license to do retail business and so on and so forth, it's very
onerous on that community. It puts those little businessmen at a very
big disadvantage, and that's what I don't want to do. I don't want to
have government or the lack thereof giving one group or another an
economic advantage.
CHAIRMAN FIALA: Okay.
COMMISSIONER NANCE: I don't care if people compete.
CHAIRMAN FIALA: I've lost control of this meeting. So let's
get back. You were giving what your preferences were. That was it,
and that was -- was that the end of your commissioner comments?
COMMISSIONER NANCE: Well, yeah. Well, we just -- it
deteriorated. I'm sorry.
CHAIRMAN FIALA: That's all right. For all of us. Don't you
be sorry. We all did the same thing. If you were guilty of it, I'd yell at
you, but you weren't.
COMMISSIONER TAYLOR: But let's not forget about that
area, that Triangle. You know, and I would ask staff -- because I know
this is hard -- to come back. Our -- let's talk about how we can shape
this going forward to try to get what we want.
CHAIRMAN FIALA: And Michele was talking about it, too. I
think we should check with the CRA and see what they have.
COMMISSIONER TAYLOR: Well, no, they're doing it, but it's
the time issue. Do we put a moratorium over there until the CRA
finishes their work in this area? I don't know the answer to that.
CHAIRMAN FIALA: Well, I think -- you know, the people that
live there and the people that have been studying it -- and they've been
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doing that for a while now -- we should probably check with them first
to see where they are in this process before we go any further.
I know -- I won't go into that. Never mind.
So I understand what you're saying, because some of the things
that we hear about aren't very good, and some of the things possibly
are better. But anyway -- and like the -- I was surprised at the CRA
meeting when -- the outbursts about they didn't want Sam's Club, the
two people that didn't want it. Here they said the people can't afford
$50 a year to join the Sam's Club, but they wanted a mini -- mini
Mercato. Well, if they can't afford a Sam's Club, how in the heck will
a Mercato survive?
And I thought -- you know, I was amazed at that mindset because
nothing is drawn to that area now. There is nothing that can even bring
people in, and people aren't feeling safe yet to go into that area. I
understand that. So you have to start out with baby steps and start
moving up. I think Sam's Club is a big step, but at least it's a step in
the right direction. That's my opinion only. But I can say that to you
because we're sitting at the dais here, so it's okay.
Okay. So you're finished, you're finished, right? I'm going to just
go into it real simply. Somebody stated about -- it was you,
Commissioner Hiller -- about the pictures. I just happen to have
something here. The featured artist for October is Gary Bigelow, and
these works are part of his Florida Sunshine Girls series. He is an
artist who uses varying degrees of realism, abstraction, and surrealism
in his artworks. And so that's just from a news release, and I thought I
would mention that.
COMMISSIONER HILLER: Thank you.
CHAIRMAN FIALA: The second thing is I wanted to tell you --
and I don't know if the audience has already left the television, they
probably have, but in case there's somebody out there, this week on
Thursday our tour group starts back up again, and we're going to have
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at this first tour ever of the extension service over there near
Immokalee.
And I was so impressed with what -- it's the county and the state
that work together on the extension service. It's a wonderful
cooperative effort, and what they do is they do everything about
growing things in your yard, in your house, about in the fields, and
they tell you about pest control and fertilizers and so forth.
When I went to the Florida Association of Counties the last time,
they had this -- three whole booths set up for FAC -- or for Florida
Extension Services, and they had -- do you know we grow peanuts in
the state of Florida? I didn't know that.
COMMISSIONER NANCE: Lots of them.
CHAIRMAN FIALA: Huh?
COMMISSIONER NANCE: Lots of them.
CHAIRMAN FIALA: Maybe there's nut cases, but I didn't know
of peanuts.
COMMISSIONER NANCE: There's a lot of peanut case, too.
CHAIRMAN FIALA: Then they grow rice. Where do they have
rice paddies in Florida? They have them. I didn't even know that. But
they were giving them out, Florida-grown rice, and they had so many
other products. And I thought, I bet a lot of people would be interested
to see what they have.
So we're having a bus that leaves on Thursday morning and we
have, I don't know, a few place -- I hope I'm saying this right. We
have a few places left. Maybe they're already sold. It's not sold out
because it's a free thing, you know, but it's an educational tool in my
mind to offer to the community for other people who are interested in
whether it be plants or horticulture or whatever. So I invite you to that,
but you have to call my office quickly.
And then I won't even tell you about the murder mystery dinner.
I'll just slide off with that. And with that --
October 11, 2016
Page 155
COMMISSIONER HILLER: Can I just mention -- I want to just
say that with the sea level rise, we can convert the coastal zone into
rice paddies.
I just want to make sure that staff understands what I said about
Highway 1 -- I mean 41 and State Road --
MR. OCHS: Twenty-nine.
COMMISSIONER HILLER: -- 29. And what I'd actually like, if
you could, can you please get me the numbers from Florida Highway
Department and from the Sheriff's Office as to the incidents at that
intersection and the nature of those incidents? I think we need to look
at it over, you know, some reasonable period of time, because my
understanding is is that it's really bad, and I don't think we can
continue to allow just a flashing light at that intersection in light of the
fatalities.
CHAIRMAN FIALA: By the way, you're right about that. That's
a really dangerous intersection.
COMMISSIONER HILLER: It is. It's, like -- it's beyond, like,
the Goodland turnoff.
CHAIRMAN FIALA: Yeah. If you keep -- if your eyes are open
and you're watching, but then you've got the festivals that you have in
Everglades City and they're lining up on U.S. 41 trying to get down
that road and, yeah, it's pretty bad sometimes.
COMMISSIONER HILLER: Right.
CHAIRMAN FIALA: Okay. Oh, and I'll tell you the last thing.
So I went to the blessing of the stone --
COMMISSIONER HILLER: Animals.
CHAIRMAN FIALA: -- crab boats. What a fun thing that was,
blessing of the stone crab boats. It was so cool. And so I'm going
through there and looking at all their stuff, and here there were people
from Copeland at that -- at this little festival, and they had their little
table out there, and we're giving things out. It was just so much fun. I
October 11, 2016
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hope everybody has an opportunity to go down there and just see
what's going on.
But I did not realize until that day that Everglades City is the
Stone Crab Capital of the World. Isn't that cool?
Okay. With that, meeting is adjourned.
COMMISSIONER HILLER: Everglades City is the best. I love
Everglades City.
**** Commissioner Henning moved, seconded by Commissioner
Hiller and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
AN EXTENSION TO COMPLETE SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH AVE MARIA UNIT
13, MIDDLEBROOKE TOWNHOMES (AR10581), PURSUANT
TO SECTION 10.02.05 C.2 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) – EXTENSION #4 IS BEING
GRANTED THROUGH JANUARY 23, 2017
Item #16A2
AN EXTENSION TO COMPLETE REQUIRED SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH AVE MARIA UNIT 5,
BELLERAWALK PHASE 1-A (AR-9033) PURSUANT TO
SECTION 10.02.05 C.2 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) – EXTENDING THE FINAL
APPROVAL FROM JANUARY 7, 2015 TO JANUARY 7, 2017
Item #16A3
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AN EXTENSION TO COMPLETE SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH VALENCIA GOLF AND
COUNTRY CLUB - PHASE 2A (AR-8975) SUBDIVISION,
PURSUANT TO SECTION 10.02.05 C.2 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE (LDC) – EXTENDING
FINAL ACCEPTANCE FROM MAY 9, 2014 TO MAY 9, 2018
Item #16A4
COMMERCIAL EXCAVATION PERMIT (APPLICATION
PL20160000760) REQUESTED BY CEMEX CONSTRUCTION
MATERIALS FLORIDA, LLC, TO REMOVE 70 MILLION
CUBIC YARDS OF SAND FROM THE IMMOKALEE SAND
MINE AND HAUL IT OFFSITE FOR A PERIOD OF UP TO 35-
YEARS TO AN 890 ACRE SITE ON THE NORTH SIDE OF
STATE ROAD 82, APPROXIMATELY 1.5 MILES WEST OF
STATE ROAD 29 IN IMMOKALEE, SECTIONS 6 AND 7,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, IN COLLIER
COUNTY, FLORIDA – THE COUNTY WILL BE REIMBURSED
ANNUALLY FOR EXPENSES ASSOCIATED IN MAINTAINING
ROADS WITHIN A 2-MILE RADIUS OF THE ENTRANCE TO
THE PROJECT
Item #16A5
RESOLUTION 2016-206: GRANTING FINAL APPROVAL OF
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF TRADITIONS, THE VILLAS AT GREY
OAKS APPLICATION NUMBER PL20120001515, WITH
ROADWAY AND DRAINAGE IMPROVEMENTS PRIVATELY
MAINTAINED, ACCEPTANCE OF PLAT DEDICATIONS AND
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AUTHORIZING RELEASE OF THE MAINTENANCE SECURITY
– ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE
MAINTAINED BY THE HOA
Item #16A6
ACCEPTING A WARRANTY DEED FROM CENTEX HOMES
FOR THE MADISON PARK BOULEVARD PUBLIC ROAD
RIGHT-OF-WAY – IN ORDER TO COMPLETE CONVEYANCE
OF MADISON PARK BOULEVARD THAT’S MAINTAINED BY
THE COUNTY
Item #16A7
RESOLUTION 2016-207: AUTHORIZING EXECUTION OF AN
AMENDMENT TO THE ANNUAL TRAFFIC SIGNAL
MAINTENANCE AND COMPENSATION AGREEMENT FOR
THE MAINTENANCE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) OWNED TRAFFIC SIGNAL
DEVICES MAINTAINED BY THE COLLIER COUNTY TRAFFIC
OPERATIONS (CCTO) SECTION OF THE TRANSPORTATION
ENGINEERING DIVISION – REVISING TERMS AND
CONDITIONS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A8
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF WATER AND SEWER UTILITY FACILITIES FOR
CREEKSIDE COMMERCE PARK EAST, PL20140001606, AND
AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
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Page 159
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR
DEVELOPER’S DESIGNATED AGENT – IT WAS
DETERMINED THE FACILITIES WERE ACCEPTABLE UPON
STAFF’S FINAL INSPECTION APRIL 14, 2016
Item #16A9
RELEASING A CODE ENFORCEMENT LIEN WITH A
COMBINED ACCRUED VALUE OF $287,613.21 FOR THE
PAYMENT OF $1,013.21 IN CODE ENFORCEMENT ACTION
ENTITLED BOARD OF COUNTY COMMISSIONERS V.
ALBERT HOUSTON, SR., CODE ENFORCEMENT BOARD
CASE NO. 2006070938, RELATING TO PROPERTY AT 204 4TH
STREET, COLLIER COUNTY, FLORIDA – THE RESULT OF A
STRUCTURE BUILT WITHOUT PERMITS OR INSPECTIONS
THAT WAS ABANDONED AND LEFT IN A STATE OF
DESPAIR ON THE PROPERTY, BROUGHT INTO
COMPLIANCE SEPTEMBER 8, 2015 BY THE NEW OWNER
Item #16A10
INVITATION TO BID (ITB), #16-6643 “NUISANCE
ABATEMENT SERVICES,” AWARDED TO: NEAL’S LAWN
AND LANDSCAPE MAINTENANCE AND ECO-MULCHING
SERVICES, INC., AND AUTHORIZING THE CHAIRMAN TO
SIGN AGREEMENTS AFTER COUNTY ATTORNEY REVIEW –
NEAL’S LAWN AND LANDSCAPE MAINTENANCE WILL
PERFORM MOWING/LAWN SERVICES AND LITTER AND
DEBRIS REMOVAL AND ECO-MULCHING WILL MOW THE
PRESERVES WITH $60,000 IN ESTIMATED ANNUAL COSTS
October 11, 2016
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Item #16A11
AN EASEMENT AGREEMENT TO PURCHASE A ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
(PARCEL 284RDUE) REQUIRED FOR THE EXPANSION OF
GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO
EAST OF EVERGLADES BOULEVARD, PROJECT NO. 60145.
(ESTIMATED FISCAL IMPACT: $10,100) – A 6,450 ± SQUARE
FOOT VACANT PARCEL, PART OF A 2.34 ACRE TRACT ON
THE SOUTH SIDE OF GOLDEN GATE BOULEVARD,
BETWEEN 20TH STREET SE AND 22ND STREET SE
Item #16A12
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE, AND UTILITY
EASEMENT (PARCEL 353RDUE) AND A TEMPORARY
DRIVEWAY RESTORATION EASEMENT (PARCEL 353TDRE)
REQUIRED FOR THE EXPANSION OF GOLDEN GATE
BOULEVARD FROM 20TH STREET EAST TO EAST OF
EVERGLADES BOULEVARD, PROJECT NO. 60145.
(ESTIMATED FISCAL IMPACT: $9,975) – A 1,875 SQUARE
FOOT UTILITY AND 300 SQUARE FOOT DRIVEWAY
EASEMENT ALONG ROAD FRONTAGE OF A PARENT TRACT
ON THE NORTH SIDE OF GOLDEN GATE BOULEVARD
Item #16A13
AN EASEMENT AGREEMENT TO PURCHASE A ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
(PARCEL 346RDUE) REQUIRED FOR EXPANSION OF
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GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO
EAST OF EVERGLADES BOULEVARD, PROJECT NO. 60145.
(ESTIMATED FISCAL IMPACT: $5,100.) – A 7,035± SQUARE
FOOT VACANT PARCEL THAT’S PART OF A 2.81 ACRE
PARENT TRACT ON THE SOUTH SIDE OF GOLDEN GATE
BOULEVARD, BETWEEN 22ND STREET SE AND
EVERGLADES BOULEVARD SOUTH
Item #16A14
AWARDING ITB #16-6661, SIGNAL PRIORITY PREEMPTION
EXPANSION PROJECT, TO TRAFFIC CONTROL DEVICES,
INC., IN THE AMOUNT OF $735,275 – A PROJECT THAT
PROVIDES EMERGENCY RESPONSE VEHICLES PRIORITY
AT INTERSECTIONS WITH TRAFFIC SIGNALS BY ADDING
35 CONTROL DEVICES AT INTERSECTIONS ON COUNTY
ROADS AND 20 DEVICES AT INTERSECTIONS IN THE CITY
OF NAPLES, BRINGING THE NUMBER OF CONTROLLED
INTERSECTIONS IN THE COUNTY TO 175
Item #16A15
RESOLUTION 2016-208: DECLARING THE GREEN HERON
DEVELOPMENT OF REGIONAL IMPACT ESSENTIALLY
BUILT-OUT IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 380.06(15)(G)3, FLORIDA STATUTES; PROVIDING
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
EFFECTIVE DATES. THE SUBJECT PROPERTY IS LOCATED
NORTH OF RADIO ROAD, APPROXIMATELY 1/2 MILE WEST
OF THE INTERSECTION OF RADIO ROAD AND DAVIS
BOULEVARD IN SECTION 33, TOWNSHIP 49 SOUTH, RANGE
October 11, 2016
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26 EAST, COLLIER COUNTY, FLORIDA. [PETITION NO.
PL20160001469]
Item #16A16
AWARDING INVITATION TO BID #16-6595, MITIGATION
CREDITS, TO MULTIPLE CONTRACTORS ON A PRIMARY
AND SECONDARY BASIS – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16A17
CHANGE ORDER NO. 1 TO CONTRACT #16-6629 WITH CB&I
ENVIRONMENTAL & INFRASTRUCTURE, INC. (CB&I),
FOR 2016 BEACH RENOURISHMENT AND TIME AND
MATERIAL NOT TO EXCEED $86,153.50, TO PROVIDE A PRE-
PLACEMENT SURVEY, POST-PLACEMENT SURVEY,
QUALITY CONTROL AND QUALITY ASSURANCE
PROFESSIONAL ENGINEERING SERVICES AND MAKE A
FINDING THAT THIS ITEM PROMOTES TOURISM – TO
PROPERLY COORDINATE AND EXECUTE ACTIVITIES
ASSOCIATED WITH THE 2016 RENOURISHMENT FOR
VANDERBILT, PELICAN BAY, PARK SHORE AND MARCO
ISLAND SOUTH BEACHES
Item #16B1
AN AGREEMENT BETWEEN COLLIER COUNTY AND U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
TO ACCEPT COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS IN THE AMOUNT OF $475,000 FOR THE IMMOKALEE
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SIDEWALK IMPROVEMENT PROJECT, AUTHORIZING THE
CHAIRMAN OF THE BOARD TO SIGN THE GRANT
AGREEMENT AND AUTHORIZING NECESSARY BUDGET
AMENDMENTS – INCLUDES SIDEWALK AND STREETSCAPE
IMPROVEMENTS ON WEST EUSTIS AVENUE FROM S. 9TH
STREET ADDING SIDEWALKS ON BOTH SIDES; ADDING A
SIDEWALK ON SOUTH 5TH STREET FROM CARVER STREET
TO AN EXISTING SIDEWALK AT BETHUNE SCHOOL (EAST
SIDE OF S. 5TH STREET) AND IF FUNDS REMAIN OR ARE
MADE AVAILABLE, ADDING A SIDE WALK ON SOUTH 9TH
STREET, FROM EUSTIS TO COLORADO AVENUE (WEST
SIDE OF S 9TH STREET) IN IMMOKALEE
Item #16B2
AN AGREEMENT BETWEEN COLLIER COUNTY AND THE
BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AGENCY TO ACCEPT U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF
$330,000 FOR THE BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AGENCY’S FIRE
SUPPRESSION INFRASTRUCTURE PROJECT, AUTHORIZE
THE CHAIRMAN OF THE BOARD TO SIGN THE GRANT
AGREEMENT, EXECUTE ALL NECESSARY FORMS AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT – A
JOINT MULTI-YEAR PROJECT WITH THE CITY OF NAPLES
WITH TOTAL COSTS ESTIMATED AT $5.3 MILLION TO
UPGRADE EXISTING WATER LINES AND INSTALL OR
UPGRADE FIRE HYDRANTS ON PETERS AVENUE, COLLEE
COURT AND GORDON STREET IN THE BAYSHORE AREA
October 11, 2016
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Item #16B3
AN AGREEMENT BETWEEN COLLIER COUNTY AND THE
BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AGENCY TO ACCEPT U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF
$350,000 FOR THE KAREN DRIVE STORMWATER
IMPROVEMENT PROJECT, AUTHORIZE THE CHAIRMAN TO
SIGN THE GRANT AGREEMENT, EXECUTE ALL NECESSARY
FORMS AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENT – TO HELP ALLEVIATE FLOODING AND
STANDING WATER ON KAREN DRIVE AND SURROUNDING
AREAS BY INSTALLING CATCH BASINS, SWALES AND
CULVERTS
Item #16B4 – Continued to the October 25, 2016 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE CHANGE ORDER #4,
EXTENDING CONTRACT #13-6012 WITH RWA
CONSULTANTS, INC., AN ADDITIONAL 552 DAYS;
INCREASING THE CONTRACT AMOUNT BY $70,650.00; AND
AUTHORIZING THE CHAIRMAN TO EXECUTE THE CHANGE
ORDER TO PERMIT COMPLETION OF THE THOMASSON
DRIVE/HAMILTON HARBOR STREETSCAPE DESIGN
PROJECT IN ORDER TO PROMOTE SAFER VEHICULAR AND
PEDESTRIAN TRAFFIC MOVEMENT
Item #16C1
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RESOLUTION 2016-209: ESTABLISHING FY17 FEES, RATES,
AND CHARGES TO USE COLLIER COUNTY SOLID WASTE
FACILITIES, INCLUDING LANDFILL TIPPING FEES,
RECYCLING DROP-OFF CENTER FEES, AND RESIDENTIAL
MULTI-FAMILY & COMMERCIAL WASTE COLLECTION,
WHICH FUNDS THE FY17 BUDGET FOR SOLID WASTE
COLLECTION AND DISPOSAL
Item #16D1
ACCEPTING YEAR TWO (2) OF A RETIRED SENIOR
VOLUNTEER PROGRAM GRANT AND APPROVING A
BUDGET AMENDMENT FOR THE OPERATION OF THE
RETIRED AND SENIOR VOLUNTEER PROGRAM FROM THE
CORPORATION FOR NATIONAL AND COMMUNITY
SERVICES (NET FISCAL IMPACT: $5,000) – A PROGRAM
THAT PLACES VOLUNTEERS IN NON-PROFIT AND COUNTY
AGENCIES AND PART OF A 3-YEAR GRANT PERIOD THAT
RUNS 7/1/15- 6/30/18 FOR A TOTAL AWARD OF $170,066 AND
REQUIREING A 30% LOCAL MATCH
Item #16D2
SATISFACTION OF MORTGAGE FOR AN OWNER-OCCUPIED
AFFORDABLE HOUSING UNIT THAT HAS SATISFIED THE
TERMS OF ASSISTANCE FOR THE COLLIER COUNTY CDBG
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM –
FOR PROPERTY AT 1480 GREEN VALLEY CIRCLE #201
Item #16D3
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A DONATION OF $34,127.39 FROM FRIENDS OF THE
LIBRARY, INC. THROUGH ANNUAL RECURRING FUNDING
FOR CONTINUATION OF THE LIBRARY ELECTRONIC
ASSISTANCE PROGRAM AND APPROVE THE NECESSARY
BUDGET AMENDMENT – A PROGRAM ESTABLISHED IN
2013 THAT PAYS HIGH SCHOOL STUDENTS TO WORK AT
COUNTY LIBRARIES TO PROVIDE TECHNOLOGY
ASSISTANCE TO LIBRARY PATRONS AND PERFORM
OTHER DUTIES
Item #16D4
FIVE (5) LANDLORD PAYMENT AGREEMENTS, ALLOWING
THE COUNTY TO ADMINISTER THE RAPID RE-HOUSING
AND HOMELESSNESS PREVENTION PROGRAM AND
APPROVING AND AUTHORIZING THE CHAIRMAN TO
EXECUTE FOUR (4) LANDLORD PAYMENT AGREEMENTS,
ALLOWING THE COUNTY TO ADMINISTER THE RAPID RE-
HOUSING AND HOMELESSNESS PREVENTION PROGRAM
THROUGH THE EMERGENCY SOLUTIONS GRANT
PROGRAM – FOR AGREEMENTS WITH THE ROBERT FLICK
REV TRUST, DAVID LACKEY, BRUCE A. PASSARELLI, C & C
BUILDING CO. AND ROGER J. MARCO/VR RACEINA REV
LIVING TRUST
Item #16D5
EIGHT (8) MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE COMBINED AMOUNT OF $71,075 – SATISFACTIONS OF
MORTGAGE FOR NAPLES PROPERTIES LOCATED AT: 4450
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BOTANICAL PLACE CIRCLE, #404; 4111 RANDALL BLVD;
5246 MCCARTY ST; 4005 DALE AVE; 4413 25TH AVENUE SW;
3290 EVERGLADES BLVD N; 4190 18TH PLACE SW; AND 1520
GOLDEN GATE BLVD W
Item #16D6 – Moved to Item #11E (Per Agenda Change Sheet)
Item #16D7
AMENDMENT NO. 6 TO THE SUBRECIPIENT AGREEMENT
WITH BIG CYPRESS HOUSING CORPORATION AND
COLLIER COUNTY TO EXTEND A PROJECT’S COMPLETION
DATE AND MODIFY THE DELIVERY SCHEDULE FOR THE
PROJECT KNOWN AS HATCHER’S PRESERVE – EXTENDING
THE COMPLETION DATE FROM OCTOBER 30, 2016 TO
JANUARY 31, 2017 FOR A PROJECT FUNDED THROUGH A
$2,164,755.40 HUD GRANT AWARD
Item #16D8
NECESSARY BUDGET AMENDMENTS, IN THE AMOUNT OF
$3,081,352 FOR THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) FISCAL YEAR 2016-2017
BUDGET AS APPROVED IN THE HUD ACTION PLAN FOR
ENTITLEMENT FUNDS – ALLOCATING FUNDS IN THE
AMOUNT OF $2,417,287 FOR THE CDBG PROGRAM; $479,663
FOR THE HOME PROGRAM AND $184,402 FOR THE ESG
PROGAM WITH MATCH REQUIREMENTS THAT WILL BE
IDENTIFIED IN SUB-RECIPIENT AGREEMENTS WHEN THEY
ARE PRESENTED FOR APPROVAL AT FUTURE MEETINGS
October 11, 2016
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Item #16D9 – Moved to Item #11F (Per Agenda Change Sheet)
Item #16D10
AWARDING INVITATION TO BID (ITB) #16-7012, NCRP
RESURFACE FLUMES OF THE TOWER WATER SLIDE, TO
DALE COOPER, LLC D/B/A SAFE SLIDE RESTORATION IN
THE AMOUNT OF $162,200, AND AUTHORIZING THE CHAIR
TO EXECUTE THE CONTRACT – INCLUDES ALL MATERIAL,
LABOR AND EQUIPMENT TO GEL COAT, CLEAN, POLISH,
WAX AND REPAIR THE SEAMS OF THE FLUMES ON THE
40-FOOT HIGH SLIDE AT THE SUN- N-FUN LAGOON
Item #16E1
AWARDING REQUEST FOR PROPOSAL (RFP) #16-6614,
“WORKERS’ COMPENSATION MEDICAL CASE
MANAGEMENT SERVICES” TO NAPLES PHYSICIAN
HOSPITAL ORGANIZATION D/B/A COMMUNITY HEALTH
PARTNERS – WITH ESTIMATED COSTS OF $94,536 IN
CALENDAR YEAR 2017 BASED ON 2,600 EMPLOYEES
Item #16E2
AN AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS (BCC) AND THE INTERNATIONAL CITY
MANAGEMENT ASSOCIATION RETIREMENT
CORPORATION (ICMA-RC) TO CONTINUE PROVIDING 457
DEFERRED COMPENSATION SERVICES FOR EMPLOYEES –
A 5-YEAR AGREEMENT AT THE SAME COST PROVIDED IN
A PREVIOUS AGREEMENT; NO ACCOUNT MAINTENANCE
October 11, 2016
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FEE, A MUTUAL FUND SERVICE FEE OF 0 BASIS POINTS
AND A PLAN ADMINISTRATION FEE OF 29 BASIS POINTS
Item #16E3
EXTENDING CONTRACT #12-5812 FIRE ALARM, SPRINKLER,
SUPPRESSION, AND EXTINGUISHER TESTING; INSPECTION;
REPAIR; CERTIFICATION; MAINTENANCE; AND
INSTALLATION WITH CINTAS CORPORATION NO. 2 D/B/A
CINTAS FIRE PROTECTION FOR 3-MONTHS OR UNTIL A
NEW CONTRACT IS AWARDED, WHICHEVER IS SOONER,
WHILE PUBLIC REQUEST FOR PROPOSALS ARE SOLICITED
– THE CURRENT CONTRACT EXPIRES DECEMBER 10, 2016;
THE EXTENSION WILL RESULT IN EXPENDITURES OF
APPROXIMATELY $95,000, THAT IS ALREADY WITHIN
EXISTING BUDGETS
Item #16E4
EXTENDING CONTRACT #11-5790R, SAFETY, SECURITY,
AND ACCESS INFRASTRUCTURE PROGRAMS AND
EQUIPMENT WITH COMMERCIAL ELECTRICAL SYSTEMS,
CO. 3-MONTHS OR UNTIL A NEW CONTRACT IS AWARDED,
WHICHEVER IS SOONER, WHILE PUBLIC REQUEST FOR
PROPOSALS ARE SOLICITED – THE CURRENT CONTRACT,
EXPIRING NOVEMBER 30, 2016, PROVIDES SERVICES ON
AN AS NEEDED BASIS
Item #16E5
RENEWING THE ANNUAL CERTIFICATE OF PUBLIC
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CONVENIENCE AND NECESSITY (COPCN) FOR AMBITRANS
MEDICAL TRANSPORT, INC. TO PROVIDE CLASS 2
ADVANCED LIFE SUPPORT (ALS) INTER-FACILITY
TRANSPORT AMBULANCE SERVICE FOR A 1-YEAR PERIOD
– TO PROVIDE POST-HOSPITAL INTER-FACILITY MEDICAL
TRANSFER SERVICES IN AND OUTSIDE THE COUNTY AND
REQUIRES A $250.00 ANNUAL APPLICATION FEE
Item #16E6
RENEWING THE ANNUAL CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY (COPCN) FOR JUST LIKE
FAMILY CONCIERGE MEDICAL TRANSPORT SERVICES,
LLC., DBA CONCIERGE MEDICAL TRANSPORT (CMT) TO
PROVIDE CLASS 2 ADVANCED LIFE SUPPORT (ALS) INTER-
FACILITY TRANSPORT AMBULANCE SERVICE FOR A ONE
(1) YEAR PERIOD – REQUIRES A $250.00 ANNUAL
APPLICATION FEE AND PROVIDES POST-HOSPITAL INTER-
FACILITY MEDICAL TRANSFER SERVICES IN AND OUTSIDE
THE COUNTY
Item #16E7
RIGHT-OF-WAY CONSENT AGREEMENT AND ASSOCIATED
MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
WITH FLORIDA POWER & LIGHT COMPANY, PROVIDING
FOR CONSTRUCTION OF A PORTION OF PHASE FOUR OF
THE LIVINGSTON ROAD FORCE MAIN ON PROPERTY AT
THE NORTHWEST CORNER OF LIVINGSTON AND PINE
RIDGE ROADS WITHIN A FLORIDA POWER & LIGHT
POWER-LINE RIGHT- OF-WAY – ALSO KNOWN AS THE
October 11, 2016
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WESTERN INTERCONNECT TO PROVIDE AN ADDITIONAL
INTERCONNECT BETWEEN THE NORTH & SOUTH WATER
RECLAMATION FACILITIES TO SHIFT WASTEWATER FLOW
PRIMARILY FROM THE SOUTH SERVICE AREA TO THE
NORTH SERVICE AREA
Item #16E8
CONVEYING AN EASEMENT TO FLORIDA POWER & LIGHT
CO., TO PROVIDE A 3 PH TRANSFORMER AND ADDITIONAL
POWER SYSTEMS TO AN EXISTING 1 PH TRANSFORMER AT
EMS STATION 10 AT THE SITE OF THE FUTURE COLLIER
COUNTY SHERIFF’S ORANGE TREE SUBSTATION – THE
EASEMENT COMPRISES 3,389± SQUARE FEET AND IS
NEEDED TO PROVIDE POWER TO THE BUILDINGS
Item #16E9
RESOLUTION 2016-210: AUTHORIZING THE CHAIRMAN TO
EXECUTE STANDARD GRANT OF UTILITY EASEMENT(S)
TO COMCAST, ITS SUBSIDIARIES, OR ITS AFFILIATES ON
COUNTY-OWNED PROPERTY – EACH EASEMENT WILL BE
PREPARED BY REAL PROPERTY MANAGEMENT AND WILL
BE REVIEWED AND APPROVED BY THE COUNTY
ATTORNEY'S OFFICE BEFORE BEING SUBMITTED TO THE
CHAIRMAN FOR EXECUTION
Item #16E10
ADMINISTRATIVE REPORTS PREPARED BY PROCUREMENT
SERVICES DIVISION FOR CHANGE ORDERS, SURPLUS
October 11, 2016
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PROPERTY AND OTHER ITEMS AS IDENTIFIED – REPORTS
COVER THE PERIOD AUGUST 18 - SEPTEMBER 21, 2016
Item #16E11
PAYMENT OF OUTSTANDING INVOICES UNDER QUANTUM
MERUIT FOR CONTRACT #14-6280 FENCING INSTALLATION
AND REPAIR FOR PROJECTS TO CARTER FENCE COMPANY
AND BUE, INC. D/B/A/ GATEKEEPERS/GATESWORK –
INVOICES TOTALING $18,848.00 FOR CARTER FENCE
COMPANY AND $14,258.18 FOR BUE, INC., D/B/A/
GATEKEEPERS/GATESWORK
Item #16E12
AWARD REQUEST FOR PROPOSAL (RFP) #16-6646, “ONSITE
HEALTH ADVOCACY COACHING SERVICES” TO NAPLES
PHYSICIAN HOSPITAL ORGANIZATION D/B/A COMMUNITY
HEALTH PARTNERS – FOR A 2-YEAR PERIOD AND THE
SOLE PROPOSAL RECEIVED DUE TO THE SPECIALIZED
NATURE OF SERVICES AND BECAUSE THE SERVICES ARE
“ON SITE”
Item #16E13
RESOLUTION 2016-211: A FLORIDA EMERGENCY MEDICAL
SERVICES COUNTY GRANT APPLICATION REQUEST FOR A
GRANT FUNDS DISTRIBUTION FORM AND A RESOLUTION
TO FUND TRAINING AND MEDICAL/RESCUE EQUIPMENT
IN THE AMOUNT OF $72,971 AND APPROVING THE
ASSOCIATED BUDGET AMENDMENT – FUNDS WILL BE
October 11, 2016
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USED TO EXPAND/IMPROVE PRE-HOSPITAL EMS SERVICES
Item #16E14
ROUTINE AND CUSTOMARY BUDGET AMENDMENTS,
APPROPRIATING CARRY-FORWARD BUDGET FOR
APPROVED OPEN PURCHASE ORDERS INTO FISCAL YEAR
2017 FOR OPERATING DIVISIONS TO COMPLETE WORK – IN
THE AMOUNT OF $6,141,674.46 FOR PAYMENTS AGAINST
PURCHASE ORDERS ISSUED PRIOR TO SEPTEMBER 30, 2016
Item #16E15
AWARDING RFP #16-6621, LEARNING MANAGEMENT
SYSTEMS, TO CORNERSTONE ONDEMAND, INC., FOR THE
ACQUISITION OF WEB-BASED LEARNING MANAGEMENT
SOFTWARE FOR EMPLOYEE TRAINING PROGRAMS IN THE
AMOUNT OF $135,500 – A 1-YEAR AGREEMENT WITH THE
OPTION TO RENEW THREE (3) ADDITIONAL 1-YEAR TERMS
TO PROVIDE ONLINE AND ON-DEMAND LEARNING
OPTIONS TO COUNTY EMPLOYEES
Item #16F1 – Language Added to Clarify (Per Agenda Change Sheet)
AN IMPACT FEE REIMBURSEMENT FOR VISTA POINTE
DEVELOPERS, INC., IN THE AMOUNT OF $537,854.33 DUE TO
OVERPAYMENT OF IMPACT FEES FOR BUILDING PERMITS
FOR VISTA POINTE AT THE VINEYARDS – FEES WERE PAID
ON PERMITS FOR 84 UNITS, THAT HAVE SINCE EXPIRED
AND THE REMAINING DEVELOPMENT HAS BEEN
REDUCED FROM TWO 42-UNIT MULTI-FAMILY BUILDINGS
October 11, 2016
Page 174
TO SEVEN 4-UNIT BUILDINGS. THE FOLLOWING IS ADDED
TO CLARIFY AND COMPLETE THE PUBLIC RECORD
RELATED TO THIS ACTION: THE CODE OF LAWS (CH 74 –
IMPACT FEES) PROVIDES IMPACT FEES THAT ARE
OVERPAID MAY BE REIMBURSED WITHIN 4 YEARS OF
PAYMENT. IMPACT FEES RELATED TO THIS REQUEST
WERE PAID MORE THAN 4 YEARS AGO, HOWEVER THE
DEVELOPMENT IS BUILT OUT AND THERE IS NO FUTURE
DEVELOPMENT ON WHICH TO APPLY THE OVERPAYMENT.
IMPACT FEES CANNOT BE CHARGED IN EXCESS OF THE
DEMAND CREATED. THEREFORE, REIMBURSEMENT IS
DUE AND THE BOARD AUTHORIZES AN EXCEPTION TO
CURRENT REGULATIONS
Item #16F2
TOURIST DEVELOPMENT TAX CATEGORY “B” FUNDING TO
SUPPORT AN UPCOMING FY17 SPORTING EVENT UP TO
$4,000 AND MAKE A FINDING THAT THIS EXPENDITURE
PROMOTES TOURISM – FUNDS WILL BE USED TO HOST
THE PARADISE COAST GIRLS FASTPITCH SOFTBALL
INVITATIONAL BEING HELD NOVEMBER 18-20, 2016 AT
NORTH COLLIER REGIONAL PARK WITH $2,500 USED FOR
FACILITY RENTAL AND $1,500 FOR STAFF OVERTIME
Item #16F3
FISCAL YEAR 2016-17 STRATEGIC MARKETING PLAN FOR
THE NAPLES, MARCO ISLAND, EVERGLADES CONVENTION
& VISITORS BUREAU (CVB) AND MAKE A FINDING THAT
THIS ITEM PROMOTES TOURISM – INCLUDES ALL ASPECTS
October 11, 2016
Page 175
OF THE CVB’S INITIATIVES TO MARKET THE COUNTY
WORLDWIDE AS A TOURISM DESTINATION FOR 2016-2017
GROUP MEETINGS, SPORTING EVENTS AND VACATIONS
Item #16F4
AMENDMENT #2 TO CONTRACT #15-6439 BETWEEN
COLLIER COUNTY AND SPIRIT PROMOTIONS, ORGANIZERS
FOR THE U.S. OPEN PICKLEBALL CHAMPIONSHIP, TO
EXTEND THE AGREEMENT THREE (3) ADDITIONAL YEARS
TO 2021 AND MAKE A FINDING THIS ITEM PROMOTES
TOURISM – AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16F5
FY17 TDC GRANT AGREEMENT – US OPEN PICKLEBALL –
IN THE AMOUNT OF $71,000 FOR ORGANIZER, SPIRIT
PROMOTIONS, INC., THAT INCLUDES THE PROMOTION,
MANAGEMENT, PRODUCTION, COVERAGE ON THE CBS
SPORTS NETWORK AND LIVE STREAMING ON SOCIAL
MEDIA CHANNELS FOR AN EVENT THAT WILL BE HELD
APRIL 23-30, 2017 AT EAST NAPLES COMMUNITY PARK
Item #16F6 – Continued to the October 25, 2016 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE AMENDMENT #1 TO
TOURISM CATEGORY “B” CONTRACT #16-7008, BETWEEN
COLLIER COUNTY AND SPIRIT PROMOTIONS FOR THE
REIMBURSEMENT OF OPERATING EXPENSES FOR THE 2017
US OPEN PICKLEBALL CHAMPIONSHIPS IN THE AMOUNT
October 11, 2016
Page 176
OF $60,000 AND MAKE A FINDING THESE EXPENDITURES
PROMOTE TOURISM
Item #16F7
COUNTY ATTORNEY’S ADVERTISEMENT OF AN
ORDINANCE FOR FUTURE CONSIDERATION TO AMEND
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES, COLLIER COUNTY’S CONSOLIDATED
IMPACT FEE ORDINANCE, AMENDING SECTION 74-401
THAT WOULD ALLOW IMPACT FEE DEFERRALS FOR ALL
OWNER-OCCUPIED DWELLING UNITS TO INCLUDE
AUTOMATIC SUBORDINATION TO THE OWNER’S FIRST
MORTGAGE
Item #16F8
RESOLUTION 2016-212: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2016-17
ADOPTED BUDGET
Item #16G1
AWARDING BID #16-6653 "INSTALLATION OF AN AVIATION
FUEL STORAGE TANK SYSTEM" AT THE MARCO ISLAND
EXECUTIVE AIRPORT AND EVERGLADES AIRPARK, AND
APPROVING THE STANDARD CONSTRUCTION CONTRACT
IN THE AMOUNT OF $298,198.50 WITH AMERICAN
ENVIRONMENTAL AVIATION, INC. – TO EXPAND REVENUE
GENERATING OPPORTUNITIES; IN ADDITION, THIS WAS
October 11, 2016
Page 177
THE ONLY BID RECEIVED AS SEVERAL VENDORS
INDICATED THEY DIDN’T POSSESS APPLICABLE
LICENSING AND/OR AVIATION FUELING EXPERIENCE
REQUIREMENTS OR COULD NOT MEET STATUTORY
PERFORMANCE BOND REQUIREMENTS
Item #16G2
RESOLUTION 2016-213: AUTHORIZING THE EXECUTION OF
JOINT PARTICIPATION AGREEMENT CONTRACT NO. G0E60
WITH FLORIDA DEPARTMENT OF TRANSPORTATION TO
FUND DESIGN OF THE REHABILITATION OF TAXIWAY B
AT IMMOKALEE REGIONAL AIRPORT (FISCAL IMPACT:
FDOT $3,775/COLLIER COUNTY $3,775) – INCLUDES $67,950
IN FEDERAL FUNDS AND BRINGS TOTAL COSTS TO $75,500
Item #16G3
RESOLUTION 2016-214: AUTHORIZING EXECUTION OF
JOINT PARTICIPATION AGREEMENT CONTRACT NO. G0E63
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
TO FUND AN UPDATE OF THE AIRPORT LAYOUT PLAN FOR
IMMOKALEE REGIONAL AIRPORT (FISCAL IMPACT: FDOT
$8,225/COLLIER COUNTY $8,673) – INCLUDES $152,178 IN
FEDERAL FUNDS AND BRINGS TOTAL COSTS TO $168,976
Item #16H1
ESTABLISHING PROCEDURES FOR THE ANNUAL “AGAINST
ALL ODDS” AWARD PROGRAM – AS DETAILED IN THE
EXECUTIVE SUMMARY
October 11, 2016
Page 178
Item #16I1
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
October 11, 2016
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. DISTRICTS:
1) Heritage Greens Community Development District:
Meeting Agenda 07/18/2016
Meeting Minutes 07/18/2016
2) North Collier Fire Control and Rescue District:
Copies of the following documents: Resolution 2016-42 of the North Collier
Fire Control &Rescue District, adopting the final millage rate for the North Naples
Service Delivery Area for FY16/17; Resolution 2016-43 of the North Collier
Fire Control & Rescue District, adopting the final millage rate for the Big Corkscrew
Island Service Delivery Area for FY16/17; Resolution 2016-44 of the North Collier
Fire Control &Rescue District, adopting the final impact fee rates for the North
Collier Fire Control & Rescue District for FY16/17; Resolution 2016-45 adopting
the Final Budget for the North Naples Service Delivery Area for FY16/17 for the
General Fund and the Inspection Fee Fund; Resolution 2016-46 adopting the final
budget for the Big Corkscrew Island Service Delivery Area for FY16/17 for the
General Fund; Resolution 2016-47 adopting the Final Budget for the Impact Fee
Fund for the North Collier Fire Control &Rescue District for FY16/17; FY16/17
Budget for the General Fund, the Impact Fee Fund and the Inspection Fee Fund for
the North Naples Service Delivery Area, the Big Corkscrew Island Service Delivery
Area and the North Collier Fire Control &Rescue District; Audit FY Ending 9-30-15
3) Port of the Islands Community Improvement District:
FY17 Meeting Schedule
4) South Florida Water Management District:
Big Cypress Basin Board Meeting Agenda 08/25/2016
B. OTHER:
1) Golden Gate Estates Land Trust Committee:
Meeting Minutes 03/21/2016
October 11, 2016
Page 179
Item #16J1
AN AGREEMENT AUTHORIZING THE COLLIER COUNTY
SUPERVISOR OF ELECTIONS TO ACCEPT FEDERAL
ELECTION ACTIVITY FUNDS WITH A 15% MATCHING
CONTRIBUTION AND AUTHORIZING THE BOARD OF
COLLIER COUNTY COMMISSIONER’S CHAIR TO SIGN A
CERTIFICATE REGARDING MATCHING FUNDS AND THE
CERTIFICATE OF EQUIPMENT FOR CASTING AND
COUNTING BALLOTS – ACCEPTING $46,974.45 FROM THE
DEPARTMENT OF STATE, DIVISION OF ELECTIONS,
REQUIRING $7,046.17 IN MATCHING FUNDS FOR FEDERAL
ELECTION ACTIVITIES BEYOND THE SUPERVISOR OF
ELECTIONS’ CURRENT PROGRAMS
Item #16J2
A REQUEST BY TAX COLLECTOR LARRY RAY TO EXTEND
THE 2016 TAX ROLL – EXTENDING THE 2016 TAX ROLL
PAST NOVEMBER 1, 2016 DUE TO THE VOLUME OF VALUE
ADJUSTMENT BOARD PETITIONS FILED
Item #16J3
PROVIDING SPECIAL INTERIM REPORTS FOR APPROVAL
AS DETAILED IN SECTION 2C OF THE AGREED-UPON
ORDER DATED JULY 16, 2015 BY JUDGE JAMES R. SHENKO
IN THE MANNER REQUESTED BY THE BOARD OF COUNTY
COMMISSIONERS (PREVIOUSLY INCLUDED IN ITEM 16.I)
AND THAT PRIOR TO PAYMENT, THE BOARD APPROVES
THESE EXPENDITURES WITH A FINDING THAT SAID
October 11, 2016
Page 180
EXPENDITURES SERVE A VALID PUBLIC PURPOSE AND
AUTHORIZES THE CLERK TO MAKE DISBURSEMENT – AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16J4
RECORDING IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH REFERENCED DISBURSEMENTS WERE DRAWN FOR
A PERIOD BETWEEN SEPTEMBER 15 TO SEPTEMBER 28,
2016 PURSUANT TO FLORIDA STATUTE 136.06 – AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16J5 – Deny Payables Report (Per Agenda Change Sheet)
PROVIDING THE BOARD A “PAYABLES REPORT” FOR THE
PERIOD ENDING OCTOBER 5, 2016, PURSUANT TO THE
BOARD’S REQUEST
Item #16K1
SETTLEMENT AGREEMENT AND MUTUAL RELEASE, GINA
BALDUCCI V. COLLIER COUNTY (CASE NO. 15-CA-1904) –
A $35,000 TENTATIVE SETTLEMENT AGREEMENT THAT
WAS REACHED FOR A MAY 14, 2013 SLIP AND FALL
INCIDENT AT VANDERBILT BEACH PARK
Item #16K2
RESOLUTION 2016-215: APPOINTING PATRICE H.
October 11, 2016
Page 181
WORCESTER (HUMANE SOCIETY REPRESENTATIVE) TO
THE ANIMAL SERVICES ADVISORY BOARD FILLING A
VACANT TERM THAT EXPIRES APRIL 13, 2020
Item #16K3
RESOLUTION 2016-216: APPOINTING MAJOR DAN PROCTOR
(SALVATION ARMY CATEGORY) TO FILL THE REMAINDER
OF A TERM EXPIRING NOVEMBER 5, 2018 AND DAWN
WHELAN (RSVP PROGRAM CATEGORY) TO FILL THE
REMAINDER OF A TERM EXPIRING NOVEMBER 5, 2017,
TO THE COLLIER COUNTY CITIZEN CORPS
Item #16K4
RESOLUTION 2016-217: REAPPOINTING NORMA GARCIA
(MSTU RESIDENT) TO THE IMMOKALEE BEAUTIFICATION
MSTU ADVISORY COMMITTEE TO A 4-YEAR TERM
EXPIRING SEPTEMBER 23, 2020
Item #17A
RESOLUTION 2016-218: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2016-17
ADOPTED BUDGET
*****
October 11, 2016
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:47 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
14.
DONNA FIALA, CHAIRMAN
ATTEST:
DWIGHT E."BROCK, CLERK
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These minutes app ed by the Board on N t5,lOI?P , as
presented v or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 182