BCC Minutes 01/24/2017 RJanuary 24, 2017
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, January 24, 2017
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: Penny Taylor
Andy Solis
William L. McDaniel, Jr.
Donna Fiala
Burt L. Saunders
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
` v I ii
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O N,
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
January 24, 2017
9:00 AM
Commissioner Penny Taylor, District 4— BCC Chair
Commissioner Andy Solis, District 2 — BCC Vice-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Burt Saunders, District 3
Commissioner William L. McDaniel, Jr., District 5; CRAB Co-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR
FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE
CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
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January 24,2017
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 Reverend Beverly Duncan of Naples United Church of Christ
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 and summary
agendas.)
B. January 3, 2017 - BCC/Strategic Planning Workshop
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January 24,2017
3. SERVICE AWARDS - EMPLOYEE
A. 20 YEAR ATTENDEES
1) Annie Alvarez - Parks & Recreation
2) John Clements - Building Review & Permitting
3) Marc Matthews - EMS
4) Terri Meyer - Traffic Operations
5) Patricia Rosen, Parks & Recreation
B. 25 YEAR ATTENDEES
1) Michael Sullivan - EMS
C. 30 YEAR ATTENDEES
1) Tracey Payne, Procurement Services
4. PROCLAMATIONS
A. Proclamation designating January 24, 2017 as Del Ackerman Day in Collier
County, in recognition of Mr. Ackerman's 50 years in business in Collier
County and his contributions to the community. To be accepted by Del
Ackerman.
B. Proclamation recognizing and congratulating Earth Supplies Products, LLC
on receiving the WRAP award for its continued efforts to promote waste
reduction, reuse and recycling and for sustaining the usable life of the Collier
County Landfill. To be accepted by Mr. Peter Boncelet, Owner and Ms. Ingrid
I. Parry, Office Manager.
5. PRESENTATIONS
A. Recommendation to recognize Jake Sullivan, Supervisor - Park Rangers,
Public Services Department as the 2016 Supervisor of the Year.
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January 24,2017
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
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance No. 2004-41, as amended, the Collier County Land
Development Code, which established the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida by amending the
appropriate zoning atlas map or maps by changing the zoning classification of
the herein described real property from a Rural Agricultural zoning district to
a Residential Planned Unit Development (RPUD) zoning district for the
project known as Hamilton Place RPUD to allow development of up to 66
single-family and/or multi-family dwelling units on property located east of
Livingston Road and south of Pine Ridge Road in Section 18, Township 49
South, Range 26 East, Collier County, Florida, consisting of 9.75+/- acres;
and by providing an effective date. [PUDZ-PL20160001255]
B. This item continued from the January 10, 2017 meetin!.
Recommendation to approve by resolution an integration agreement
incorporating the terms of settlement of a lawsuit against Orange Tree Utility
Company ("OTU"), Orangetree Associates and related parties in the Circuit
Court of the Twentieth Judicial Circuit, in and for Collier County, Florida,
and to approve the transfer documents required to transfer water and
wastewater assets to the County, after Board of County Commissioner
consideration and approval of such transfer at a duly noticed public hearing
required by Florida law.
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January 24,2017
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to award Bid Number 16-6694, "Heritage Bay Master Pump
Station," to Douglas N. Higgins, Inc., in the amount of$1,681,760 under
Master Pump Station Technical Support Project Number 70050. (George
Yilmaz, Public Utilities Department Head)
B. Recommendation to accept Staff's report on Wildfire Mitigation in the rural
residential areas of Eastern Collier County and provide further guidance as
needed. (Dan Summers, Division Director, Bureau of Emergency Services)
C. Report on the current status of the Conservation Collier program, options
related to gauging public sentiment regarding the reauthorization of the ad
valorem levy for continued acquisitions under the program, and request that
the Board provides direction for the measurement of public sentiment. (Barry
Williams, Director, Parks and Recreation)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to reject two unsolicited offers, one from the Banroc
Corporation and the other from Arno Incorporation, to purchase the
17-acre Bayshore Community Redevelopment Area-owned site
located at 4265 Bayshore Drive, authorize the solicitation of proposals
for disposition of the subject property through the RFP process and
encourage both proposers to participate in the RFP process.
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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January 24,2017
A. Current BCC Workshop Schedule
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation that the Board approves and authorizes the
Chairman to sign an Amended and Restated Landscape Maintenance
Agreement ("Agreement") between Collier County and the La
Morada at Naples Master Association, Inc. for landscape and
irrigation improvements within the Woodcrest Drive and Immokalee
Road public right-of-way.
2) Recommendation to approve a Second Amendment to the Settlement
Agreement and General Release between Villages of Stella Maris
Master Association, Inc. and Collier County, to amend the Settlement
Agreement and General Release, dated June 26, 2007, as amended by
the Amendment to Settlement Agreement and General Release, dated
May 12, 2015.
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Esplanade Golf and
Country Club of Naples Benvenuto Court Replat, Application
Number PL20160002720.
4) Recommendation to approve a refund in the amount of$167,389.80
Of Sidewalk Payment In Lieu Fees To Multiple Developers Within
The Naples Production Park and Pine Ridge Industrial Park and hold
Land Development Code Section 6.06.02(C) in abeyance pending the
update of the Collier Metropolitan Planning Organization's update of
the Comprehensive Pathways Plan.
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January 24,2017
5) Recommendation to approve Change Order No. 2 for additional work
associated with ITB No. 16-6607 Collier Blvd., Highway
Beautification in the amount of$30,194.98, authorize funding to
upgrade irrigation equipment in the amount of$3,040 and approve the
necessary budget amendment (Project 60149).
6) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Isles of
Collier Preserve Phases 3B and 3C, PL20150000560, 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.
7) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Isles of
Collier Preserve Phase 3D, PL20150001987, 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.
8) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Isles of
Collier Preserve Phase 4, PL20140002465, 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 final acceptance of the potable water and
sewer facilities for Avellino Place, PL20150000323, accept
unconditional conveyance of a portion of the potable water facilities,
and to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in
the total amount of$30,516.14 to the Project Engineer or the
Developer's designated agent.
10) Recommendation to approve final acceptance of the potable water and
sewer facilities for Avellino Place Phase 2, PL20150001875, and to
authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total
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January 24,2017
amount of$11,493.59 to the Project Engineer or the Developer's
designated agent.
11) Recommendation to approve final acceptance of the potable water and
sewer facilities for Vyne House at Talis Park Phase 2,
PL20150002432, and to authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and
Final Obligation Bond in the total amount of$15,250.09 to the Project
Engineer or the Developer's designated agent.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation for the Collier County Community Redevelopment
Agency (CRA) Board to approve and authorize the Chairman to
execute a Commercial Building Improvement Grant Agreement
between the Bayshore Gateway Triangle Community Redevelopment
Agency and Western Bike & Auto, LLC in the amount of$16,830 for
property located at 2286 Tamiami Trail East and within the Bayshore
Gateway Triangle Community Redevelopment Area.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award Request For Quotation #14-6213-86,
"Trail Blvd Water Main Relocation," to Kyle Construction, Inc., in
the amount of$172,174.00, under Project No. 70045, "FDOT Utility
Projects," for water main relocations along portions of Trail
Boulevard, as required by the Florida Department of Transportation
(FDOT) to construct drainage improvements; to authorize a
corresponding utility work agreement with the FDOT; and to
authorize a budget amendment in the amount of$100,000.
2) Recommendation to authorize a $332,650 work order under Request
for Quotation #14-6213-82 to Quality Enterprises USA, Inc. under
Project Number 70019, "Cross Connection Control Program;" and
authorize the necessary budget amendment.
D. PUBLIC SERVICES DEPARTMENT
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January 24,2017
1) Recommendation to approve an Agreement with the Conservancy of
Southwest Florida allowing it to provide environmental education
programs at Collier County managed and operated beach park
facilities.
2) Recommendation to accept supplemental State Housing Initiatives
Partnership (SHIP) Program Housing Counseling funds for FY 2016-
2017 in the amount of$49,377, authorizes the chair to sign the SHIP
Housing Counseling Funding Certification and Request form, and
approves a budget amendment in the amount of$49,377.
3) Recommendation to approve four mortgage satisfactions for the State
Housing Initiatives Partnership loan program in the combined amount
of$43,750.
4) Recommendation to approve a State Housing Initiatives Partnership
Program (SHIP) Impact Fee release of lien in the amount of
$11,612.98 for the associated owner-occupied affordable housing
dwelling unit where the obligation has been repaid in full.
5) Recommendation to approve a budget amendment to recognize
program income for the Community Development Block Grant; total
fiscal impact of$23,434.12.
6) Recommendation to approve Services for Seniors, after-the-fact,
Standard Contract and Attestation Statement with Area Agency on
Aging for Southwest Florida, Inc., and to authorize associated budget
amendments for the FY 17 Older Americans Act Title III Program in
the amount of$51,314.28.
7) Recommendation to approve a Budget Amendment increasing the FY
2015-2016 State Housing Initiative Partnership Program allocation by
$23,658 and recognize program income received in the amount of
$421,526.29 for SHIP FY 2015-2016. SHIP Budget Amendment -
(FY 2015-2016)
8) Recommendation to approve the non-grant portion of the three year
Seasonal Beach Shuttle operating budget for a bus lease, operational
and infrastructure requirements in the amount of$200,000 from
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January 24,2017
Tourist Development Council (TDC) Category "A" Beach Park
Facilities Fund (183), marketing and promotional expenditures in the
amount of$75,000 from TDC Tourism Promotion Fund (184); make a
finding that these expenditures promote tourism; and authorize all
necessary Budget Amendments.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to authorize payment of outstanding invoices under
quantum meruit for Contract#15-6432 - Preventative Maintenance
Inspection Services and On-Call Mechanical Contractor Services for
projects to Johnson Controls, Inc.
2) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders, surplus property
and other items as identified.
3) Recommendation to waive the formal competitive process in the best
interest of the County and approve a negotiated Agreement #17-7058
with Robert Flinn Records Management Center.
4) Recommendation to approve the Service Learning Agreement
between the Florida Gulf Coast University Board of Trustees (FGCU)
and the Collier County Board of County Commissioners and authorize
the Chairman to execute the agreement.
5) Recommendation to approve the submittal of an EMS Matching Grant
application to the Florida Department of Health for the purchase of a
Multifunctional Training System for Medflight crews for a total of
$7,519 (Match $1,880).
6) Recommendation to approve Change Order #001 for the Learning
Management System content bundle and services package upgrade in
the amount of$16,800 to Cornerstone OnDemand, Inc. for Contract
#16-6621, Learning Management System.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
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January 24,2017
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2016-17 Adopted Budget.
2) Recommendation to adopt the 2017 Strategic Plan with the inclusion
of minor changes based upon direction received at the Board
Workshop on January 3, 2017.
3) Recommend approval of Tourist Development Tax Category "B"
funding to support the ISPS Softball event up to $3,500 and make a
finding that these expenditures promote tourism.
G. AIRPORT AUTHORITY
1) Recommendation to approve the First Amendment to a Site License
Agreement with Center Ring Circus, Inc. for a Big Top Circus Event
at the Immokalee Regional Airport.
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To provide the Board of County Commissioners the Clerk of the
Circuit Court's Internal Audit Report 2017-1 Job Creation Investment
Program: Animal Specialty Center of Florida, LLC, issued on January
17, 2017.
2) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between December 29, 2016 to January 11, 2017 pursuant to
Florida Statute 136.06.
3) Pursuant to the Board's Purchasing Ordinance 2013-69, as amended,
request that the Board approve and determine valid public purpose for
invoices payable and purchasing card transactions as of January 18,
2017.
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January 24,2017
K. COUNTY ATTORNEY
1) Request Board to set the balloting date for the recommendation of
members to the Pelican Bay Services Division Board by record title
owners of property within Pelican Bay.
2) Recommendation to reappoint an alternate member as a regular
member on the Code Enforcement Board.
3) Recommendation to appoint a member to the Coastal Advisory
Committee.
4) Recommendation to approve a proposed Stipulated Order of Taking
and Final Judgment in the amount of$15,631 for Parcel 365RDUE in
the case styled Collier County v. Steven A. Edwards, et al., Case No.
16-CA- 1327, required for the expansion of Golden Gate Blvd. from
20th Street East to east of Everglades Blvd., Project No. 60145.
(Fiscal Impact: $15,631)
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 hold one of two required hearings for Land Development
Code amendments at 5:05 p.m. on Tuesday, March 14, 2017.
B. Recommendation to adopt an ordinance which would amend the Collier
County Ethics Ordinance (Ordinance No. 2003-53, as amended), to reinstate
certain limitations on the acceptance of gifts by all public officials and all
County employees.
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January 24,2017
C. 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.
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January 24,2017
January 24, 2017
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MR. OCHS: Ladies and gentlemen, please take your seats.
Madam Chair, you have a live mike.
CHAIRMAN TAYLOR: Good morning, Collier County. Good
morning, everyone here. It's nice to see a room full of folks here.
We are going to start with our invocation, and then we are going
to ask Del Ackerman to give us the Pledge of Allegiance. So let's start
with our invocation, please. This is Reverend Beverly Duncan of
Naples United Church of Christ.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
REVEREND DUNCAN: Good morning, everyone.
IN UNISON: Good morning.
REVEREND DUNCAN: Creating God, it is a new year and a
new time in our lives. Prepare us for this time we are in by making us
wise and generous and thoughtful, especially with one another, as we
plan, deliberate, and negotiate in this body that is entrusted with the
welfare of all the citizens of Collier County.
Scripture tells us that you, God, are all about doing new things,
and so we ask you this day to freshly work your will among us as
servants of others and where we are needed.
Responsibility is a tall order in this day and at this time, but with
your blessing and your guidance, we can do it. May it be so.
Amen and Shalom.
CHAIRMAN TAYLOR: Mr. Ackerman.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN TAYLOR: Thank you very much, Mr. Ackerman.
County Manager?
January 24, 2017
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Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AND SUMMARY AGENDAS.) - APPROVED
AND/OR ADOPTED W/CHANGES
MR. OCHS: Good morning, Madam Chair and Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners meeting of January 24th, 2017.
The first proposed change is to continue Item 16F2 on your
consent agenda. This is a recommendation to adopt your 2017
Strategic Plan. That request is made at Commissioner Taylor's request.
I've spoken to the chair, and she wants a few additional minor
changes, and we'll make those and get this back on the agenda next
week.
The next proposed change is to move Item 17A from your
summary agenda to your consent agenda to become 16A12. This is an
action to set two required hearing dates for your upcoming Land
Development Code amendments. It was inadvertently placed under
the summary portion of your agenda, which is your public hearing
section, and it does not -- this action does not require an advertised
public hearing, so we're moving it to your consent agenda.
I have, actually, three time-certain items this morning, not two, as
indicated on your change sheet. We're first going to hear Item 9A,
then Item 11C, which is your Conservation Collier item, and that will
be followed by Item 9B. All three of those items will begin
immediately following Item 5A under presentations. So right after
your presentation this morning of your Supervisor of the Year, we'll
hear those three items in that order.
January 24, 2017
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Just a reminder your court reporter breaks are set for 10:30 and
again at 2:50 in the afternoon if required.
Item 7, public comments on general topics not on the current or
future agenda are to be heard no sooner than 1 p.m. or at the
conclusion of the agenda, whichever comes first.
And those are all the changes I have, Madam Chair.
CHAIRMAN TAYLOR: Thank you very much.
MR. OCHS: County Attorney?
MR. KLATZKOW: No changes.
CHAIRMAN TAYLOR: Mr. McDaniel?
COMMISSIONER McDANIEL: Yes, ma'am; Madam Chair.
CHAIRMAN TAYLOR: Any changes?
COMMISSIONER McDANIEL: No, ma'am.
CHAIRMAN TAYLOR: And we'll -- any ex parte that isn't
connected to the advertised hearings?
MR. OCHS: Yes. Commissioners, I'm sorry. Please try to speak
into those microphones so we can catch you.
COMMISSIONER McDANIEL: Forgive me now. And you're
calling for the summary judgment (sic) or advertised hearings?
CHAIRMAN TAYLOR: Any ex parte that's not connected to the
advertised hearings.
COMMISSIONER FIALA: That's not on the consent agenda -- I
mean, that's on the consent agenda, rather.
COMMISSIONER McDANIEL: And our summary.
MR. OCHS: Correct.
COMMISSIONER McDANIEL: On the consent agenda I do
have, on 16A3, correspondence backup from the agenda, and no other
items, Madam Chair.
CHAIRMAN TAYLOR: All right. Thank you.
COMMISSIONER FIALA: No changes, no corrections, nothing
to declare.
January 24, 2017
Page 5
CHAIRMAN TAYLOR: No changes, no corrections, and
nothing to declare, except on the advertised hearings.
COMMISSIONER SOLIS: Same; nothing to declare, nothing to
disclose.
COMMISSIONER SAUNDERS: Madam Chair, I'd like to put
on the regular agenda for discussion purposes the ethics ordinance,
17B. I have a few questions I'd like to address to the County Attorney
just to get on the record some of the things that are covered by that.
But, in addition, that's a very important ordinance, and I think we
should have some discussion and a little bit of more of a highlight as to
what you're doing --
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SAUNDERS: -- because, as I said, it's very
important for this commission.
CHAIRMAN TAYLOR: Thank you.
COMMISSIONER SAUNDERS: I'd like to move 17B. I have
nothing else in terms of disclosures.
CHAIRMAN TAYLOR: All right. Thank you very much.
MR. OCHS: Madam Chair, 17B, then, would become Item 9C
under your advertised public hearings.
CHAIRMAN TAYLOR: But we do not -- but we do not have to
declare?
MR. OCHS: No.
CHAIRMAN TAYLOR: Okay. Very good, thank you very
much.
All right. So do I hear a motion to approve today's regular,
consent, and summary agenda as amended?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN TAYLOR: All those in favor?
COMMISSIONER McDANIEL: Aye.
January 24, 2017
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COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carried unanimously.
So now we have the employee service awards; is that correct?
Proposed Agenda Changes
Board of County Commissioners Meeting
January 24, 2017
Continue Item 16F2 to the February 14, 2017 BCC Meeting: Recommendation to adopt
the 2017 Strategic Plan with the inclusion of minor changes based upon direction received
at the Board Workshop on January 3, 2017. (Commissioner Taylor's request)
Move Item 17A to Item 16Al2: Recommendation to hold one of two required
hearings for Land Development Code amendments at 5:05 p.m. on Tuesday, March 14,
2017. (County Attorney's request)
Time Certain Items:
Items 9A and 9B to be heard immediately following Item 5A
2/8/2017 7:53 AM
January 24, 2017
Page 7
Item #2B
JANUARY 3, 2017 - BCC/STRATEGIC PLANNING WORKSHOP
MEETING MINUTES - APPROVED AS PRESENTED
MR. OCHS: Ma'am, you have to first go to Item 2B. It's
approval of the minutes from your BCC Strategic Planning Workshop
held on January 3rd, 2017.
CHAIRMAN TAYLOR: Thank you very much.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN TAYLOR: All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed?
(No response.)
Item #3A
EMPLOYEE SERVICE AWARDS: 20 YEAR ATTENDEES –
PRESENTED
MR. OCHS: Yes, ma'am. That takes us now to your service
awards. If the commissioners would be kind enough to join us in front
of the dais as we recognize our employees.
Commissioners, we have the pleasure this morning of recognizing
several county employees with outstanding service and many years of
service to the government. We'll begin this morning with our group of
January 24, 2017
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20-year service awardees.
Our first 20-year recipient, with our Parks and Recreation
Division, is Annie Alvarez.
Annie?
(Applause.)
MR. OCHS: Celebrating 20 years of service with our Building
Review and Permitting Division, John Clements.
John?
(Applause.)
MR. OCHS: That's right. Don't forget. Extra credit. His
performance review must be coming up here shortly. He's always been
a smart guy.
Celebrating 20 years of service with our EMS Department, Marc
Matthews.
Marc?
(Applause.)
COMMISSIONER FIALA: Thank you for your service.
(Applause.)
MR. OCHS: Celebrating 20 years of service with Traffic
Operations, Terri Meyer.
(Applause.)
MR. OCHS: And our final 20-year awardee from our Parks and
Recreation Division, Patricia Rosen.
(Applause.)
Item #3B
EMPLOYEE SERVICE AWARDS: 25 YEAR ATTENDEES –
PRESENTED
MR. OCHS: Celebrating 25 years of service this morning with
January 24, 2017
Page 9
our EMS Department, Mike Sullivan.
Mike?
(Applause.)
MR. SULLIVAN: Smile big.
(Applause.)
Item #3C
EMPLOYEE SERVICE AWARDS: 30 YEAR ATTENDEES –
PRESENTED
MR. OCHS: Finally, we have one employee celebrating 30 years
of service with county government this morning. This one's hard to
believe because I think I actually hired her on her first assignment; 30
years of service currently with our Procurement Services Division,
Tracey Payne.
Tracey?
(Applause.)
COMMISSIONER McDANIEL: Before you go, could we have
her family up?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: Yes. She's got family here,
please. We want another photo op, if it's okay. Would you invite your
family up and introduce them, please.
MS. PAYNE: Come here.
COMMISSIONER McDANIEL: And introduce them, please.
MS. PAYNE: This is my grandma and my mom.
(Applause.)
MR. OCHS: Commissioners, thank you very much. That
concludes our service awards this morning.
CHAIRMAN TAYLOR: I'll say it again, County Manager, it is
January 24, 2017
Page 10
never something that I -- I always look forward to this time, because
you can't make up the good feeling. You can't make up the warmth.
You can't make up the support in your staff. And congratulations, sir.
It comes right there from Leo.
MR. OCHS: No. Thank you, ma'am. It's a reflection on them,
not me. Thank you.
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT BOTH
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING JANUARY 24, 2017 AS DEL
ACKERMAN DAY IN COLLIER COUNTY, IN RECOGNITION
OF MR. ACKERMAN’S 50 YEARS IN BUSINESS IN COLLIER
COUNTY AND HIS CONTRIBUTIONS TO THE COMMUNITY.
ACCEPTED BY DEL ACKERMAN – ADOPTED
MR. OCHS: Commissioners, that takes us to Item 4 on this
morning's agenda, proclamations.
Item 4A is a proclamation designating January 24, 2017, as Del
Ackerman Day in Collier County in recognition of Mr. Ackerman's 50
years of business in Collier County and his contributions to the
community.
I know that the Chair would like to read this special proclamation
this morning, and Mr. Ackerman, if you'd please come forward.
CHAIRMAN TAYLOR: County Manager, I thought we were
going to talk about the roundabout this morning.
MR. OCHS: Oh, yeah, that's right. There's a roundabout
January 24, 2017
Page 11
somewhere in this project.
Come on up, Del.
COMMISSIONER McDANIEL: Does he have to have the light
on when he's riding?
CHAIRMAN TAYLOR: He's a little close on the side.
COMMISSIONER McDANIEL: Got his brake set.
CHAIRMAN TAYLOR: You know what it is, right there, the
wheel is against the side of the chairs.
COMMISSIONER McDANIEL: Give him a little push.
(Applause.)
COMMISSIONER McDANIEL: Happy to be here, sir.
MR. ACKERMAN: I've never had the honor to meet you. I'm
proud of the counsel this time. I think it's the best counsel we've had in
a long time.
Burt, you and I go back 20 years.
COMMISSIONER SAUNDERS: Longer than that.
MR. ACKERMAN: Longer than that.
COMMISSIONER McDANIEL: Yeah. We've been buying our
bait from you for longer than that.
MR. OCHS: Mr. Ackerman, if you'd allow the chair to read this
proclamation, please.
MR. ACKERMAN: Yes.
CHAIRMAN TAYLOR: On behalf of the residents of Collier
County, the Board of Collier County Commissioners would like to
honor Mr. Del Ackerman for his years of service to our community.
Mr. Ackerman, a Toledo, Ohio, native, has been the proprietor of
Del's 24-Hours Store for more than 50 years along with an empire of
establishments that have included additional convenience stores, paint
stores, laundromats, and the pawnshop across from the Naples
Municipal Airport entrance.
His venture to Naples did not start out auspiciously, however, as
January 24, 2017
Page 12
shortly -- as shortly (sic) moving to Naples in 1964, Del, his wife,
Nancy, and baby daughter, Tanya, had to move back to Toledo to get
medical care for Tanya who was diagnosed with hydrocephalus, water
on the brain, and spina bifida, excuse me.
And although Toledo called them back, Del, a former Bluffton
University football player, never forgot the lure of Collier County.
And, as soon as they could, the family moved back to Naples and
opened Del's 24-Hour Store, a fresh start in their new hometown.
And the Ackerman family has kept the store open ever since,
rarely closing for more than a few hours, and even staying open during
hurricanes.
And Mr. Ackerman has worked tirelessly to support his
neighborhood always to the betterment of the people and the places he
knew by donating his name and proceeds from his business ventures to
charity.
And these donations include a $3,000 reward to find the missing
Immokalee boy, Adji Desir; donating bait to the local student --
schools, Youth Haven, the Collier County Sheriff's Office, and Boy
Scout troops for their youth programs; or asking guests at his second
wedding to his wife, Theresa Parent, to donate to the Mayflower
Congregational United Church of Christ instead of giving them gifts;
and other countless donations to many charities;
Whereas, the Board of County Commissioners recognized Mr.
Ackerman in December to rename the intersection of Thomasson and
Bayshore Drive as Del's Corner to recognize his many years in
business. It is with great honor that we remember Mr. Ackerman for
his true commitment to Collier County.
COMMISSIONER McDANIEL: Here, here.
(Applause.)
MR. ACKERMAN: Thank you. Thank you very much. I'd just
like to say that --
January 24, 2017
Page 13
CHAIRMAN TAYLOR: Hold that closer.
MR. ACKERMAN: I'm having trouble with my motors this
morning.
After 53 years of doing business, I never met a finer bunch of
commissioners in my life. I want to welcome the new commissioners,
and I want to welcome the old commissioners, because I know the new
commissioners are doing a good job, and I think this is the finest board
we've ever had, to be honest with you, in many years.
And, Burt, that goes back to many years when you and I ran
together, and you were the only one of the bunch, when they took my
store on Collier Boulevard -- I mean, Collier and 951, you were the
only one that voted against taking that property. They took -- Mr.
Shanahan, they took the wrong property, and they had to pay me
double, and I appreciate that.
And as far as the group out here, a lot of you people have backed
me in the many years. And this is a big thanks to my daughter who
gave 37 years to the store, and she died, and my wife died many years
after that, three or four years after that.
My daughter died -- my wife died of cancer, and then the dog
died two months later. So it was a real tragedy, then that angel came
along down there. Her name is Theresa. And she saved my life,
because I was very sick, and I was very lonely.
But 53 years around the clock; it was because of you people out
there. You made it happen for me to be successful in 53 years.
Also, I want to thank the people that donated their time to the
store, my employees, and everybody.
And did we want to talk about the roundabout today, or is that
another time?
CHAIRMAN TAYLOR: That's another time, sir.
MR. ACKERMAN: Oh, that's another time.
But I want to thank all of you again for your support, and I'm
January 24, 2017
Page 14
honored that the commission and all of you people have made this
Del's Day.
God bless all of you, thank you.
(Applause.)
COMMISSIONER SAUNDERS: Yeah. I just wanted to add one
thing, Del. We all have a very special relationship with Del
Ackerman. I feel especially close to Del. Back in 1986 -- and, Del,
that was 30 years ago. I didn't know Del Ackerman, he didn't know
me, but I was running for the County Commission. And Del, through
his support to me, I think he was probably the only person in the
county at that time when we first started that was supporting me, and
I've always had a very kind and warm spot in my heart for Del
Ackerman. You've done a great job, and I got my political start
because of your help, and I just wanted to thank you for that.
MR. ACKERMAN: Oh, I'll tell you what, not only was I pleased
to do it -- because you've done one hell of a job. And, Peggy (sic), all
of you have done a hell of a job. The new people I do not know, but
I'm very proud of the new people that are in there.
Donna Fiala, there'll never be another working person like you.
You work like I do.
COMMISSIONER McDANIEL: Amen to that.
MR. ACKERMAN: You're fantastic. Peggy, you're fantastic.
And as I say one more time, it's the greatest commission that we've
had. I've been open 53 years, and it's the greatest commission I've ever
had in our life. Thank you, everybody.
(Applause.)
COMMISSIONER FIALA: And did you notice one of his
biggest fans was Mike Ward from Erin's Isle. He's there in the
audience spurring him on, right, Mike?
CHAIRMAN TAYLOR: And, Mr. County Manager, could you
explain to the people here, but especially to Mr. Ackerman, what we're
January 24, 2017
Page 15
intending to do about signage at that corner?
MR. OCHS: Yes. When we get that intersection finally
improved into its final condition, we have plans to put very
appropriate, very nice signage on that corner and make sure that
everyone understands that will always be Del's Corner, and it will be
marked appropriately to that effect. So we look forward to that day,
Del.
MR. ACKERMAN: Yeah. And I'm awful sorry. I'm glad that
somebody brought it up. Mike Ward is my best friend in Naples,
Florida. He was on Collier Boulevard. He was across the street from
me for at least 40 years. Erin's Isle. He's one of the best friends.
And I also wanted -- my new manager. Now my legs have gone.
I can't walk like I used to, and I had 11 days of pneumonia. Cliff is my
new manager, and he's giving good service, so I'm happy, and my new
wife is taking care of me very well, and I appreciate that.
Thank you all for everything.
MR. OCHS: God bless you.
MR. ACKERMAN: God bless you.
(Applause.)
CHAIRMAN TAYLOR: If we could do another picture and ask
Del's friends and wife to come up at the same time and we'll stand
behind, please.
MR. ACKERMAN: I would like that.
COMMISSIONER McDANIEL: As they're coming forward, I
have a little happy story as well. Mr. Del doesn't remember. He said
he doesn't know me all that well. But I used to -- when Bayshore was
Kelly Road, I used to always go there and buy my bait. And I was
very particular about the size of the shrimp that I wanted to use when I
was over in Port Royal fishing the lights and such.
And Del used to get after me. He goes, young man, those fish are
going to die of old age if you don't get out on that water.
January 24, 2017
Page 16
COMMISSIONER FIALA: That was cute.
MR. ACKERMAN: Thank you. Thank you, everybody.
(Applause.)
MR. ACKERMAN: God bless all of you. Thank you. Thank
you, everybody. Thank you.
Item #4B
PROCLAMATION RECOGNIZING AND CONGRATULATING
EARTH SUPPLIES PRODUCTS, LLC ON RECEIVING THE
WRAP AWARD FOR ITS CONTINUED EFFORTS TO
PROMOTE WASTE REDUCTION, REUSE AND RECYCLING
AND FOR SUSTAINING THE USABLE LIFE OF THE COLLIER
COUNTY LANDFILL. ACCEPTED BY MR. PETER BONCELET,
OWNER AND MS. INGRID I. PARRY, OFFICE MANAGER –
ADOPTED
MR. OCHS: Item 4B is a proclamation recognizing and
congratulating Earth Supplies Products, LLC, on receiving the WRAP
award for its continued efforts to promote waste reduction, reuse, and
recycling and for sustaining the usable life of the Collier County
Landfill.
To be accepted this morning by Mr. Peter Boncelet, Owner, and
Ms. Ingrid Parry, the Office Manager. Congratulations.
(Applause.)
MR. OCHS: Madam Chair, may I have a motion to approve
today's proclamations?
COMMISSIONER FIALA: Motion to approve proclamations for
today.
CHAIRMAN TAYLOR: Second? Do I hear a second?
COMMISSIONER McDANIEL: Second.
January 24, 2017
Page 17
COMMISSIONER SOLIS: Second.
COMMISSIONER McDANIEL: Third.
CHAIRMAN TAYLOR: All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: Very good. Thank you.
Item #5A
RECOGNIZING JAKE SULLIVAN, SUPERVISOR - PARK
RANGERS, PUBLIC SERVICES DEPARTMENT AS THE 2016
SUPERVISOR OF THE YEAR – PRESENTED
MR. OCHS: Item 5A is a recommendation to recognize Jake
Sullivan, Supervisor of Parks Rangers Program in the Public Services
Department as the 2016 Supervisor of the Year.
Jake, if you'd please step forward.
(Applause.)
MR. OCHS: Hey, get your award.
CHAIRMAN TAYLOR: Careful of the envelope on the back.
MR. SULLIVAN: Oh, that's what my wife's waiting on.
MR. OCHS: Commissioners, let me tell you a little bit about
Jake and let the audience know while he's getting his picture taken.
Jake has worked with county government since 2005 in our
Public Services Department. As the Park Ranger Supervisor, Jake
actively leads and guides all park rangers and booth attendants; it's 25
January 24, 2017
Page 18
full-time and part-time direct reports with four seasonal employees
thrown in for good measure. Collectively, this staff's responsible for
patrolling 65 parks throughout Collier County, compelling public
compliance on all rules and regulations and ordinances and collecting
daily revenue from patrons visiting our beach parks.
Despite his unquestionable job performance and talent, it's really
Jake's leadership and advisory skills that set him apart. On multiple
occasions when last-minute situations require either park rangers or
park assistants to fill in for absent employees, Jake, instead, puts
himself into the schedule to either patrol parks or man the booths to
collect funds rather than asking someone else to do it.
Decisive and confident, he's always willing to go the extra mile to
ensure excellent stewardship of our park system. Jake has significantly
enhanced the reputation and professional credibility of the park ranger
service, and he's done so while simultaneously garnering enormous
staff loyalty through his tough-but-fair approach.
He's an all-star supervisor, exceptionally deserving of this award.
And Commissioners, it's my great honor to present Jake Sullivan, your
Supervisor of the Year for 2016.
Congratulations, Jake.
(Applause.)
MR. OCHS: Nope. Got to go to the microphone.
COMMISSIONER McDANIEL: You're not going to let him
speak, are you?
MR. OCHS: Oh, yeah.
MR. SULLIVAN: I know you've got important things to do, so
this will be very brief.
I am honored and humbled. Supervisors are only as good as the
family that supports them, staff that works for them, and the superiors
that give them the extra mile to go.
Everybody in this room has had a part of this award in one way or
January 24, 2017
Page 19
another. I've worked with most of you, if not all of you, at one point in
my career, and I can't thank all of you and my wife enough for this
award. This is for all of us.
Thank you very much.
(Applause.)
CHAIRMAN TAYLOR: Before we start today's agenda, I would
like to acknowledge a former commissioner who's with us today. And
I'd like her to stand up. Georgia, would you stand up, please.
(Applause.)
MS. HILLER: It's really nice to be back with all of you folks.
CHAIRMAN TAYLOR: Thank you. Yeah. Great morning.
Great morning.
Okay.
COMMISSIONER FIALA: I never even saw her come in. I
didn't know she was here.
COMMISSIONER McDANIEL: I didn't either. She's kind of
incognito.
COMMISSIONER SOLIS: That's wonderful that they were here
for him.
COMMISSIONER FIALA: And the room empties out.
CHAIRMAN TAYLOR: Wow.
COMMISSIONER FIALA: I think that's what makes this county
such a fun place to work, because everybody supports one another,
right?
CHAIRMAN TAYLOR: Yeah. You don't make this up. You
don't have it in the city.
COMMISSIONER SOLIS: We really do have a great staff.
CHAIRMAN TAYLOR: You can't make this up.
COMMISSIONER SOLIS: It really is a wonderful staff.
Item #9A
January 24, 2017
Page 20
ORDINANCE 2017-02: AMENDING ORDINANCE NO. 2004-41,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL
AGRICULTURAL ZONING DISTRICT TO A RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT
FOR THE PROJECT KNOWN AS HAMILTON PLACE RPUD TO
ALLOW DEVELOPMENT OF UP TO 66 SINGLE-FAMILY
AND/OR MULTI-FAMILY DWELLING UNITS ON PROPERTY
LOCATED EAST OF LIVINGSTON ROAD AND SOUTH OF
PINE RIDGE ROAD IN SECTION 18, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 9.75+/- ACRES; AND BY PROVIDING AN EFFECTIVE
DATE. [PUDZ-PL20160001255] – ADOPTED
MR. OCHS: Madam Chair, that takes us to 9A on your agenda.
These are your advertised public hearings. This item requires that ex
parte disclosure be provided by commission members, and all
participants are required to be sworn in.
This is a recommendation to approve a change in the zoning
classification for real property from rural agricultural A zoning district
to residential Planned Unit Development zoning district for a project
known as Hamilton Place RPUD to allow development of up to 66
single-family and/or multifamily dwelling units on property located
east of Livingston Road and south of Pine Ridge Road.
Ex parte, ma'am.
January 24, 2017
Page 21
CHAIRMAN TAYLOR: We'll start with Commissioner
McDaniel.
COMMISSIONER McDANIEL: Yes, ma'am. I did have
communications: Meetings with Rich Yovanovich and Wayne Arnold,
correspondence, staff report from the agenda, and emails from several
people; Diana Quintanilla, and both from Rich and Wayne.
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: Thank you very much. I've just had
the staff report. Wayne tried to call me last night, and I didn't get back
to him, so I didn't talk to him. Yeah. Well, I thought I better confess it
right here.
CHAIRMAN TAYLOR: She meant that.
Commissioner Solis?
COMMISSIONER SOLIS: I actually have a conflict and will not
be participating in this one. My firm has represented WCI in other
matters, so I have a conflict.
CHAIRMAN TAYLOR: Okay. Very good.
COMMISSIONER SAUNDERS: And, Madam Chair, I did meet
with Mr. Yovanovich and Mr. Wayne Arnold and reviewed the staff
report.
CHAIRMAN TAYLOR: And I have reviewed the staff report. I
met with Mr. Yovanovich and Mr. Arnold. I've had emails. I've had
calls regarding this issue. And that would be it.
MR. OCHS: Swear in?
CHAIRMAN TAYLOR: Yes. All those who intend to testify,
please stand and raise your right hand.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN TAYLOR: Thank you very much.
Mr. Arnold?
MR. ARNOLD: Good morning, Commissioners. I'm Wayne
Arnold with Grady Minor & Associates.
January 24, 2017
Page 22
With us today is Barry Ernst with WCI Communities, who are the
contractor purchasers for the property; Rich Yovanovich is our Land
Use Counsel on the case; Mike Delate from our office is the Project
Engineer; and Jim Banks is our Traffic Engineer who can answer any
questions. I'll try to make a brief presentation and then be happy to
answer any questions you might have.
CHAIRMAN TAYLOR: Thank you very much.
MR. ARNOLD: The subject property is just under 10 acres. It's
marked as "subject property." It looks like a white labeling on that
piece of property. It lies just south of Brynwood Preserve and just
north of Positano Place on Livingston Road, just south of Pine Ridge
Road.
This project lies partially within your density band that's around
the activity center at I-75 and Pine Ridge Road, so we're eligible for a
density of up to seven units per acre.
We're asking for a density just under seven units per acre, and our
PUD would allow us to have a variety of single-family or multifamily.
WCI Communities at this moment believes that probably a six-plex,
two-story product is something that makes the most sense. And I've
got a conceptual plan showing you what that can look like in the
context of our community.
You can see that's just a fairly straightforward cul-de-sac design
on this site. It separates the site plan -- as it's oriented, it has our
preserve to the east side, adjacent to the Andalusia PUD. And we have
a small preserve area that also wraps around the north next to
Brynwood Preserve.
The Planning Commission heard the project and supported it
unanimously. There are no deviations associated with the project
request, which I think is really something to say, because it is an infill
project of a very small site. But no deviations are warranted for what
we're trying to do.
January 24, 2017
Page 23
We think it makes a lot of sense. I do know that we heard
neighbors say that we should be limited to the six-units-per-acre
density that they have for their projects. But I would remind you that
those projects are substantially larger than us, and it's certainly easier
to deal with reduced density on large tracts than it is on a small 10-acre
infill.
So I think you're going to see more requests that are looking for
that upper range of density. We think we've done a good job with our
development standards and buffers. Your Planning Commission
increased our perimeter setbacks.
So we would urge you to support the project as proposed. Our
team is here to answer questions if you certainly have any.
CHAIRMAN TAYLOR: Any other presenters, Mr. Arnold?
MR. ARNOLD: I don't think so at this time. I think we'll just
respond to questions as needed.
CHAIRMAN TAYLOR: Any questions? Commissioner
McDaniel?
COMMISSIONER McDANIEL: I'm ready to make a motion if
you want me to.
COMMISSIONER FIALA: We have speakers.
CHAIRMAN TAYLOR: No. We have to hear from --
COMMISSIONER McDANIEL: Oh, we have to hear the
speakers first.
CHAIRMAN TAYLOR: I believe we hear from staff. Okay.
All right. Thank you, sir. No questions.
MR. OCHS: We also have a public speaker, ma'am, after the
staff presentation, yes.
CHAIRMAN TAYLOR: I wanted to hear from staff.
MR. JOHNSON: Good morning, Commissioners. Eric Johnson,
principal planner with the zoning section.
Staff reviewed the proposed project, how it relates to the
January 24, 2017
Page 24
surrounding properties, and staff is recommending approval of the
project as proposed.
CHAIRMAN TAYLOR: Is that it, sir?
MR. JOHNSON: Yes, sir. Yes, ma'am. Sorry.
CHAIRMAN TAYLOR: Okay. Very good. Thank you.
Any questions of staff?
(No response.)
CHAIRMAN TAYLOR: No. All right. Troy, we have how
many speakers?
MR. MILLER: I have one registered speaker on this item. Carrie
J. Filthaut, if I'm saying that right.
CHAIRMAN TAYLOR: Yes. You can come up on the podium,
either one.
MR. MILLER: Yes, either podium.
MR. OCHS: Identify yourself one more time for the record.
MS. FILTHAUT: Hi. I'm Carrie Filthaut. I'm the president of
Andalusia Homeowners Association. Andalusia is part of the
Arlington PUD, and we have behind us as -- included in it is Positano.
We have single-family homes only no more than two stories in
structure, most of them being one story. When we were developed, it
drug forever from 2006, at inception, through three developers until
finally we have sold out.
When it -- when we -- this project came up, they are going over
the density as to what we are combined with Positano, which has much
higher density than Andalusia but, unfortunately, is part of our PUD.
So they used up all remaining density that wasn't used by our
single-family homes.
We think that six should be the very maximum units per acre that
should be allowed on Hamilton Place because it does abut our
preserve. Our preserve is not very dense.
They're proposing to put up multi-structure families that would
January 24, 2017
Page 25
encourage them to be using the pool facilities and their amenities that
are in the back section, which could bring about noise to our adjoining
property.
So we ask that the Board consider that this project should be
limited in the density, and they should not be allowed to proceed with
six (sic) units per acre but that they should go to the lower standard, or
to the highest standard, which would be what we have at Arlington
Lakes, which is six or just below.
Thank you.
CHAIRMAN TAYLOR: Thank you very much.
Any questions?
(No response.)
CHAIRMAN TAYLOR: Public hearing is closed. Public hearing
is closed, all right.
All right. So Council -- Commission discussion?
(No response.)
CHAIRMAN TAYLOR: Do I hear a motion?
COMMISSIONER McDANIEL: I'd like to make a motion for
approval per the applicant's request and staff report.
COMMISSIONER FIALA: Second.
CHAIRMAN TAYLOR: Seconded by Commissioner Fiala. No
other discussions?
COMMISSIONER McDANIEL: As a point of clarification, if I
understand correctly, we are -- this project is allowed a maximum of
seven units per acre as was represented by the applicant.
MR. OCHS: Yes.
MS. FILTHAUT: I thought we had 6.6.
COMMISSIONER McDANIEL: They're asking for 6.6, but they
are allowed a maximum of seven units per acre, so they are under that
threshold. Not per your request, ma'am, but that's just as a point of
clarification. I just wanted to say that out loud. I thought -- I read it,
January 24, 2017
Page 26
and I saw that Wayne had said it there as well, and I wanted to make
that point, so...
CHAIRMAN TAYLOR: All right. We have a motion on the
floor to approve and a second. All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: (Abstains.)
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed?
(No response.)
CHAIRMAN TAYLOR: And, Commissioner Solis, you should
probably say you're recusing yourself.
COMMISSIONER SOLIS: I'm recusing myself.
CHAIRMAN TAYLOR: So it's four, four; unanimously four
with one recusing.
COMMISSIONER SOLIS: Abstention.
CHAIRMAN TAYLOR: Abstention.
COMMISSIONER SOLIS: Abstention.
CHAIRMAN TAYLOR: There we go. I got it out. Thank you
very much.
MR. ARNOLD: Thank you, Commissioners.
Item #11C
REPORT ON THE CURRENT STATUS OF THE
CONSERVATION COLLIER PROGRAM, OPTIONS RELATED
TO GAUGING PUBLIC SENTIMENT REGARDING THE
REAUTHORIZATION OF THE AD VALOREM LEVY FOR
CONTINUED ACQUISITIONS UNDER THE PROGRAM, AND
REQUEST THAT THE BOARD PROVIDES DIRECTION FOR
January 24, 2017
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THE MEASUREMENT OF PUBLIC SENTIMENT - MOTION TO
BRING BACK AT THE NEXT MEETING, STAFF TO COME
BACK WITH RECOMMENDATIONS (USING SURVEY
INFORMATION FROM INTERESTED ENVIRONMENTAL
GROUPS) TO GAUGE PUBLIC SUPPORT FOR THE PROGRAM,
SUGGESTIONS FOR A MILLAGE INCREASE AND
SUGGESTED LANGUAGE REGARDING AN INFORMAL
POLLING QUESTION – APPROVED
MR. OCHS: Commissioners, that takes us to Item 11C on your
agenda this morning. This is a report on the current status of the
Conservation Collier program options related to gauging public
sentiment regarding reauthorization of the program and a request from
the Board to provide some staff direction.
Mr. Barry Williams, your Director of the Parks and Recreation
Division, will make the presentation.
MR. WILLIAMS: Good morning, Commissioners. Barry
Williams, Parks and Recreation Director.
I have a very brief presentation to provide you, and we also have
Ms. Alex Sulecki who's kind of the brains of our operation for
Conservation Collier here with us as well. So at your pleasure, I could
just walk you through these slides, if that would be okay.
Just in terms of what we're looking at today, just to give you a
little sense of the current program, Conservation Collier, we've
provided you a graphical depiction of the current preserves. You have
19 preserves, a little over 4,000 acres that are currently in play, and
you can see where they are located in Collier County.
The acquisition portion of Conservation Collier has ended, and
we're currently in the land management phase of the program. We
have land management plans on each of these parcels of land.
Just in terms of financial status, a couple of years ago there was a
January 24, 2017
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10-year financial plan developed that looked at basically the trust fund
in terms of the monies that we had available for perpetuity;
management and maintenance in perpetuity. We look at that every
three years just to make sure that we're on track. We are, indeed, on
track. We've had a little bit of leakage, if you will, due to low interest
environment but, for the most part, we're well on track in staying
above that $32 million threshold.
So to date, staff has held expenses to plan levels and below for a
couple different reasons; weather has been a portion of that, and just
some expenses where we've been able to save some money in terms of
our management.
I did want to point out in terms of the original tax that was --
millage that was associated with the program, originally when the
ordinance was passed, we looked at an 85 percent acquisition fund, if
you will, and 15 percent maintenance. And what we've learned
through the course of this initial phase is that probably is a little light in
terms of maintenance.
If you were to look at a reauthorization, we would want to talk to
you more about that. But for right now what we're projecting for you
is 75 percent of any funds that you may receive be used for acquisition,
25 percent used for managing and maintaining the properties that are
acquired. So I just wanted to point that out to you.
We looked at a variety of options in terms of how you might be
able to gain public sentiment on this issue. Of course, the one that
comes to mind is the referendum itself, and we did talk to the
Supervisor of Elections about that. You have two options with that.
You can either look at a stand-alone referendum. If you were to
pursue that option, that is an expensive option in terms of what that
would cost. The Supervisor of Elections estimated at about a half a
million dollars if you did a stand-alone referendum -- a stand-alone
vote -- voted -- or got Collier County citizens to opine on whether they
January 24, 2017
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wanted to do the referendum or not.
You have another option as well, though. If you wait for the next
election, August 2018, there would be no additional cost associated
with that, or minimal cost. So that's one option that you have.
Another option that we've identified is looking at conducting
some type of public poll. There are a variety of organizations that we
have had experience with that could do a scientific poll, poll Collier
County citizens and get a sense of whether this is something they
would want to pursue.
There's actually -- we've had -- staff has had some conversations
with a very reputable organization that I think is here today that may
speak to some poll results that they have, and that's the Trust for Public
Lands. The trust is an organization that we've worked with in the past.
The Fleischmann parcel many years ago, the Trust for Public Lands
had a role in the acquisition of those lands from private sector and to
what's now the Naples Zoo and Gordon River greenway. So the trust
is -- certainly has a national reputation in helping communities like
ours make these type of decisions.
So -- but there are other pollsters that we could look at. There are
a couple other organizations that we've had contact with that we could
also look. And we've given you some sense of what the cost
associated with that would be.
The last option is one that we identified as a possibility. This has
been done, certainly, in terms of a straw vote, a straw ballot. And we
had identified in the executive summary North Collier Regional Park.
It may be that -- you know, just as an example, it's a venue that could
be used for that, the exhibit hall. There are other venues in town,
though, that might be more suitable in terms of a more central location
if you did want to do that.
A straw poll would be a day where you would set, establish where
people could come in and vote on that, and the results would be tallied,
January 24, 2017
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and then we would bring those results back to you.
So those are three options that staff has come up with as
possibilities in terms of pursuing that question.
With that, just a couple more slides and I'll stop, and certainly we
can answer any questions. We did look at the possible question to ask.
This is just some suggested language. We would also suggest that we
continue to look at and make sure that we're asking the correct
question.
You do have with Conservation Collier an advisory board, the
Conservation Collier Land Acquisition Committee. They certainly are
a good resource for you in terms of coming up with language that's
suitable for however it's decided in terms of asking the question. But
this is an example of some language that could be possibly used to ask
constituents a question about the additional levy.
We also looked at amounts that could be raised by a levy, and we
wanted to share that data with you as well. And you can see the range
from 11 to 77 million depending on the millage that you would want to
consider for this.
The .25 millage was what was associated with the original
ordinance, so you can see that dollar amount and what that might
provide. Again, this is based on our FY17 countywide taxable values.
The Collier County Land Acquisition Committee, when they got
into a point where they had identified stopping acquisitions, there were
some lands that were still available. The Barron Collier Investment
Lands. They were rated in a very high way from the Land Acquisition
Committee. They are on the -- they would be an area of investing
should there be monies for that.
There's some other locations that we'll mention to you:
Winchester Head, Red Maple, Horsepen Strand. These are all areas
where we have existing acquisitions and management responsibilities.
They're sort of a matrix that exists that we're trying to fill in that
January 24, 2017
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puzzle, and certainly those are some areas.
And the North Belle Meade West, and North Belle NRPA are
also areas where land could be acquired should that be desired to move
forward.
Just to mention a couple other things. There are a couple things
that are happening; certainly the restudies program and the concept of
the TDR acquisition is an aspect that staff had been working with
Growth Management Division on. CWIP, the water improvement
program, is another.
And one item that's coming to you right in the next couple of
months is the Land Development Code amendment for offsite
preservation, and that's a program allows developers to, as part of
mitigation of their lands, provide for purchasing or providing lands to
Conservation Collier with a dollar amount for maintenance. That
program's being looked at very closely to make sure that the dollars
associated with the land donation actually are what is required to
maintain the program in perpetuity.
That's separate from this discussion, but I did want to bring out
these three aspects to you in terms of -- is also in play.
Finally, our recommendation is looking for you to provide
direction on pursuing the question of public sentiment and
re-establishing the Conservation Collier Land Acquisition program.
We're also looking for some funding sources if you would choose for
us to do that and, for example, hire a pollster to ask the question. If
you did want to go the referendum, a stand-lone referendum, that
would be another question or consideration for you as well in terms of
funding for that.
But with that I'll stop and see if you have any questions and...
CHAIRMAN TAYLOR: I do have one question. Commissioner
Saunders, did you hit your light? Did you want to speak on this?
COMMISSIONER SAUNDERS: I did not hit my light, but I do
January 24, 2017
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want to speak on it. After the public discussion, I would like to speak
on it.
CHAIRMAN TAYLOR: Commissioner Fiala, did you want to
wait till after the public? Or does anyone have any questions right now
of staff?
COMMISSIONER FIALA: I have a couple questions, but I can
wait till after we hear from the public.
CHAIRMAN TAYLOR: Okay. And, Commissioner Solis?
COMMISSIONER SOLIS: Yeah, I have a few questions.
In looking at the summary, there's references to -- let me get to it
-- that if -- it says, should it be desired for the Conservation Collier to
acquire lands associated with the Transfer of Development Rights
Program, a referendum may be required.
How does that -- what does that refer to? Because I want to be
clear on if we need a referendum anyway where we end up having to
do that because we want to use the TDC program to help Conservation
Collier, how does that work into this whole idea?
MR. WILLIAMS: Well, it's a good question. I think it's -- the
TDC program, as it gets developed and the concept pursued, if it does
become part of Conservation Collier, as our understanding is, the
ordinance would have to be changed through referendum to allow for
that. It's a change in the program goals of the original ordinance. So it
would require that if that is the direction of the acquisitions.
COMMISSIONER SAUNDERS: Madam Chair, can I comment
on that because I --
CHAIRMAN TAYLOR: Let's let him finish.
COMMISSIONER SAUNDERS: I thought he was finished.
MR. WILLIAMS: Yes, sir; I am.
CHAIRMAN TAYLOR: Oh, you are? Yes.
COMMISSIONER SAUNDERS: There's an ordinance that
would require a referendum if there is a change in the usage. That's
January 24, 2017
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done by ordinance. We could change that ordinance, and it's a
question for the County Attorney. But my presumption is that you
don't really have to go to a referendum to amend that ordinance if we
want to amend that ordinance.
MR. KLATZKOW: Generally speaking, you go to referendum
when you want to bond something, all right. This board in the past has
gone to what I'll call straw ballot referendums to gauge public opinion
as to whether or not they wanted their taxes raised to pay for a
particular project. So, yes, if an ordinance says you need to go to
referendum, you can change the ordinance, and then you don't need to
go through referendum.
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: Okay, fine. Just a few questions,
please.
One of them, I just wanted to make sure I heard you correctly, as
part of this land that we're seeking to -- I mean, if we all vote to do
this, of course, it will be for protecting our future water sources as
well, right?
MR. WILLIAMS: Yes, ma'am; absolutely.
COMMISSIONER FIALA: Okay. I just want to make sure that
that's on the record because that's the way I understood it as well.
Now I had just a few things. I personally don't feel that we
should go to full-blown referendum. That's going to take us another
two years, well, maybe year and a half, but by the time it gets on the
tax roles and everything. So I would like to see it done sooner rather
than later is my opinion. And my opinion would be that there's a way
to do it without even costing us too much money. And I've bounced
this off on a few people. And, of course, I would think it's a good idea.
But I would say that we have libraries situated around the county
and we could choose a two-week period, but we have to do it while the
people are still in town, while they can still vote. I think people
January 24, 2017
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deserve that right to vote if they're going to be paying some taxes.
And so we can just reinstate what we had before, the .25, and ask
everybody if they want to vote one way or the other on this to go to
their library, and we can just -- we can have each library equipped with
some of the forms. They can vote on them. It's not going to cost us
much money. We won't choose a polling company. We don't have to
go out to bid and all of that stuff. I think that will save us a lot of time,
which is what I'd like to see do -- happen, rather.
And then the question that you had, the suggested question, it was
odd that it said -- that you were referring to general funds. That doesn't
say to me that I want to reinstate what we had before, the .25. It
sounds like that has nothing to do with it. I would suggest that maybe
that question were a little clearer so that you just say, do you chose to
go back and, you know, reinstate this project again or this program
again -- excuse me, not project.
And so, anyway, those are my suggestions as to what we would
do here, and I'd love to see it move forward.
CHAIRMAN TAYLOR: I don't know who was first, but I'm
going to take Commissioner McDaniel.
COMMISSIONER McDANIEL: Okay. I'm not quite sure. I
wasn't watching when I hit the button.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: I just wanted to clarify a couple
of points, if I may, with our County Attorney.
The way I read the original ordinance, it said if we were going to
reinstate it, amend it or anything, it was going to require a referendum
in that regard. And what I'm hearing you suggest is if we amend the
ordinance that was put in place, then we don't have to go back to our
referendum; is that what I heard you say?
MR. KLATZKOW: Yes.
COMMISSIONER McDANIEL: Okay. Number one.
January 24, 2017
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Number two, I would like to bring this up as a formal agenda item
at our next meeting with some clarification/specificity on the language
that we're going to go out to the public with with regard to the
sentiment that is out there so that we can have some reading and
discussion with regard to -- so that we're all asking the same question
and we're all sending the same message as to whether or not this is a --
this is viable with the electorate that we're looking to increase their
taxes on.
Third, I'm -- I personally am not really looking to spend an
inordinate amount of money. I have had meetings with the
Conservancy. They have a polling agency that they can utilize. I
know that our newspaper has a polling agency that they can utilize.
And there is a mechanism out there called Survey Monkey.
And I've talked to our staff, and I would be willing to put a
Survey Monkey up as long as we're all asking the same question. I
don't want to be asking a question that you're not.
And I would be willing to have that apparatus put on my website.
There is a website for District 5. And so you could click on there and
answer the questions accordingly. And we all know Ms. Donna,
Commissioner Donna, has the right to -- you know, with the click of a
button, she can talk to thousands of people. And some of us newer
commissioners don't necessarily have access to that many people.
But those are a couple of thoughts that I had to reach out to the
public sentiment and garner public sentiment. And I would like for us
to, at our next meeting, come up with a time frame for that survey to
actually go out and get -- and be a viable opportunity for us to gather
that public sentiment for that tax increase.
CHAIRMAN TAYLOR: Thank you very much.
COMMISSIONER McDANIEL: Yes, ma'am.
CHAIRMAN TAYLOR: Commissioner Solis?
COMMISSIONER SOLIS: Yes. And I'm going to preface what
January 24, 2017
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I'm going to say by saying that, obviously, Conservation Collier was a
success. It's bought some very important property for the county, and it
serves a great purpose, and I'm in favor of that.
My only concern is -- and this was an issue at least during the
election -- is that we are asking -- we're talking about increasing
property taxes to purchase property, some of which may or may not
have public access to it, I mean, depending on which property it is. It
might just be a preserve.
And the whole program started with a referendum. And I just feel
that, you know, the residents of Collier County, the taxpayers, need to
have the same say that they had before. And I would hope that it
would be the same result, but I think we need to give them that voice,
and they should be allowed to vote on it. That's just -- and I respect --
and it's a wonderful program, but I just -- I have a hard time just
assuming that it's -- that it hasn't changed. The population in Collier
County has changed dramatically.
So I think if we can take it to the next election at a minimal cost,
that would be certainly a good option. The properties that are on the
list, I've looked at those properties. They're the same properties that
have been on the list when the funding ran out to purchase them.
So they're not necessarily properties that would appear that are
going to be sold or developed in some way. So I just don't feel that
there's -- we need to rush and assume that this is something that the
voters want to do. I would hope it's something they would want to do,
but I think we have to give them the option.
CHAIRMAN TAYLOR: Thank you very much. Before we --
COMMISSIONER McDANIEL: Go to him.
CHAIRMAN TAYLOR: -- I'd like to ask a question.
On the selection of No. 2, which is a poll, public poll, you have it
being provided to the Board by September 2017. Why so long?
MR. WILLIAMS: Well, we are giving ourselves adequate time
January 24, 2017
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to do the procurement. You would need to procure --
CHAIRMAN TAYLOR: Oh, I see.
MR. WILLIAMS: -- a vendor to do that, conduct the poll, tally
the results, bring them to you.
MR. KLATZKOW: You don't need to wait that long. You've got
the ability to waive requirements of your purchasing ordinance so that
if you believe this is something that should be expedited, you can
expedite it. I mean, Mr. Williams is absolutely right, if you're going to
go through the RFP process, you're going to be half a year before you
see anything. If you want to get this done quickly, you can waive your
purchasing ordinance.
CHAIRMAN TAYLOR: My concern, of course, is polling in the
summer is probably not something we want to do. So, you know, it
almost would be a necessity to poll before our winter guests leave, our
winter visitors.
And in response, Commissioner Solis -- I'll call you Mr. Solis --
Commissioner Solis, to your concern about we don't know what the
public wants -- and I can -- I respect that, because this is your second
or third meeting here.
But in the short two years I've been here, I have seen outcry when
the county contemplated putting an athletic field in a preserve. Arthrex
agreed to not develop a preserve. Pocket preserves are becoming more
and more important as we urbanize.
So in my opinion, or the way I look at it, time isn't on our side
because of the growth cycle we're in. We really need to move forward
with this. I think it's a very strong program. I think it's had
overwhelming support. And at least, from my perspective, the public
want this.
Commissioner McDaniel?
COMMISSIONER McDANIEL: Commissioner Saunders was
ahead of me. He's sitting down there waiting patiently. He didn't hit
January 24, 2017
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his light --
CHAIRMAN TAYLOR: He didn't hit his light.
COMMISSIONER McDANIEL: -- but he is ahead of me.
COMMISSIONER SAUNDERS: Actually, I did hit my light. It
just may not --
CHAIRMAN TAYLOR: It's not lit.
COMMISSIONER SAUNDERS: There you go.
CHAIRMAN TAYLOR: Just wave.
COMMISSIONER SAUNDERS: I didn't hit it hard enough, but
this is only my third meeting. So I'm a slow learner.
My hope is that we have a unanimous board to move forward
with a polling process that's done very quickly so that when we get into
the budget process for 2017, which will take us through July, August,
September, when we set the millage rate, that we can incorporate this
millage rate for this program.
I think there's going to be a question as to whether it should be .2
mills, whether it be .25 mills. I think that's a political and a policy
issue that the Board needs to make. Are there any changes to the
usage? That's another policy issue that the Board would have to make.
But my hope is that there will be a motion to bring this back at
our next meeting with some recommendations on who can do the
polling, the language that we're going to be putting into the poll, the
amount that we're going to be putting into the poll.
It's my hope that we can do that at our next meeting or the
meeting after that so that we can conduct this type of survey this spring
starting, perhaps, in mid -- perhaps in March we could begin a survey.
I know -- I understand from staff that there's some folks here from
TPL. I know that they can get organized pretty quickly. But there
would be a couple policy decisions we'd have to make. And we should
do that, I think, very, very quickly so we can get the results of that.
One of the concerns I have is if you do a straw ballot or even a
January 24, 2017
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poll, and let's say that 50 percent plus one of the people that participate
in the straw ballot say yes or say no, what does that really tell you?
We're elected to make tough decisions. And raising taxes is, by far,
the toughest decision that this board will make; however, we're elected
to make those types of decisions, and I think all of us agree that this
program is important for the future of the county regardless of what a
straw ballot might say, regardless of what polling might say.
So my hope is that we move forward with this because we know
that this is important for the future of the community.
And, Madam Chair, I'm looking forward to the public discussion
this morning.
I will tell you that I have been -- I've made three presentations
since our last meeting when this issue was discussed, and I've said to
the audiences in those three meetings that my view is we should go
forward with this without a referendum, and not a single person in
those three audiences objected to that in any way.
So that's my little personal poll, but I know that we'll hear some
objections.
CHAIRMAN TAYLOR: Thank you.
Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. And I just would like to
clarify. I don't think any of us here -- Commissioner Solis made some
comments that were very valid with regard to the value of this
program, the good that has been done, the good that can come from it
in creation of additional revenues for our folks that have been
burdened by the RFMUD, with the TDC program, and the potential of
those lands to be brought into and provide value for those folks that
haven't -- they don't have -- those last two TDRs under the rural fringe
mixed use district require a bequeath of the land to an agency for those
-- for the award of those TDRs.
And I'm excited to see that, but I also concur with Commissioner
January 24, 2017
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Solis with regard to it's imperative that we do as good of a job as we
possibly can with the public sentiment on a survey process to gauge
that.
Commissioner Saunders, we all travel in different circles, and not
everybody that I personally talk to with regard to this thinks this is
such a great idea. It's not a bad idea. There is a tremendous amount of
value, and I do agree that, you know, we have to make difficult
decisions every day when we're sitting up here, but I would certainly
like to -- and if you want a motion now, Madam Chair, I'll make it, that
we bring it back at our next meeting with some specific language to
talk about, and get to a spot where we can talk about how those funds
are going to be managed; what, in fact, that tax increase may, in fact,
be; where it's going to go; how it's going to be spent and what we're, in
fact, going to do, and I'll make that motion right now.
CHAIRMAN TAYLOR: There's a motion on the floor. Do I
hear a second?
COMMISSIONER SAUNDERS: Yeah. I'll certainly second
that.
CHAIRMAN TAYLOR: All right. Any discussion on the
motion?
COMMISSIONER FIALA: I'd rather not vote until we hear from
the audience.
CHAIRMAN TAYLOR: Well, yeah, but it's more of a -- and I
know what you're saying. So point of order.
MR. KLATZKOW: I think you should hear from the public.
CHAIRMAN TAYLOR: Thank you very much.
COMMISSIONER McDANIEL: I would agree with that, before
we vote.
CHAIRMAN TAYLOR: I would like, Mr. Williams, if you
would just kindly go over this chart so that the public can understand
the different millage rates --
January 24, 2017
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COMMISSIONER McDANIEL: And, Madam --
CHAIRMAN TAYLOR: -- and what the assessment would be on
--
COMMISSIONER McDANIEL: Madam Chair, I don't mean to
interrupt, but if we're going to bring this back as a specific agenda next
-- in two weeks, we could go through the ramifications of all these on
the proposed --
CHAIRMAN TAYLOR: It's always nice to do it twice.
COMMISSIONER McDANIEL: Okey-doke. We'll do it twice,
Madam Chair.
MR. WILLIAMS: Madam Chair, you have the table in front of
you, I think, that shows you the various dollars that would be raised
with the specific millage. If you -- as you're looking at this, you can
see the range of millage rates from .15 to .25. And what we're looking
at as it relates to a taxable value, say, of 100,000, 250-, 500-, 750-, a
million, million two, and you can see the implications of that for the
taxpayer.
So, for example, the 250,000 taxable value at .15 would equate to
a $37.50 increase in what a person is paying now. At .25, at the high
end of the range, that equates to a $62.50 increase.
CHAIRMAN TAYLOR: Thank you very much.
MR. WILLIAMS: Does that help?
CHAIRMAN TAYLOR: Yes. Thank you.
Commissioner Solis?
COMMISSIONER SOLIS: This is just -- my final comment on
this is -- and I appreciate what Commissioner Saunders said about
we're here to make difficult decisions, and I appreciate that. But,
again, this program began a certain way, and I think it should continue
that way. I mean -- and I feel strongly that this is a decision that the
voters need to make whether or not they want to tax themselves for this
-- specifically for this purpose. It began that way; it should continue
January 24, 2017
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that way.
In addition to that, there are discussions in -- about the TDC
program, and there would have to be, as the ordinance is written now,
a referendum if we were going to do something with TDRs in relation
to this, and now we're talking about changing that to remove that
referendum requirement.
So I'm just concerned that -- I think we should leave the program
the way it is and let the voters decide.
CHAIRMAN TAYLOR: All right. Thank you very much.
So how many speakers do we have?
MR. MILLER: Madam Chair, we have six public speakers
registered for this item.
CHAIRMAN TAYLOR: I'd like to hear from them.
MR. MILLER: Your first speaker is Ellen Goetz. She'll be
followed by Nancy Payton, if I could get speakers to use --
MS. PAYTON: No. We have a specific order. Could we keep to
it?
MR. OCHS: Oh. Why don't you read them all, Troy, and let
them figure out who's going to go first.
MR. MILLER: Sure. Then let's try Nicole Johnson. She's
supposed to be followed by Peggy (sic) Hanrahan. If she'll wait at the
other podium. We'll do our best to recover the order.
MS. JOHNSON: Thank you. Good morning. For the record,
Nicole Johnson on behalf of the Conservancy of Southwest Florida.
And, first of all, we're really thrilled to be here today talking
about the best way to move forward reactivating Conservation Collier.
Thank you to Commissioner Saunders for bringing this up in
December, and thanks to all of you for your thoughtful deliberation
both last month and today.
Certainly, growth and water supply are hot-button issues, and that
is why statewide and at the local level conservation acquisition
January 24, 2017
Page 43
programs continue to be so popular, and certainly Conservation Collier
is no exception.
Through the years, it has provided means to acquire and to cost
share on a number of very important properties. People may not
understand or know exactly what Conservation Collier is, but they
understand the Gordon River Greenway Preserve, Freedom Park
Preserve, Pepper Ranch Preserve, just to name a few. Those
acquisitions could not have happened without Conservation Collier.
This program has gone to referendum twice. The first time in
2002 it was approved by almost 60 percent of voters. When it went
back in 2006, it was approved by 82 percent of the voters. So that's
certainly a very positive and top-ranking result.
Bottom line is, local land acquisition programs are popular.
They're supported by voters, and from the discussion on the dias,
they're also supported by you.
So the question is, how do we move this forward in a timely
manner? Obviously, the Conservancy would support you going ahead
and putting Conservation Collier in your budget as a line item. Now
remember, this doesn't have to be a tax increase. You can make the
hard decisions of maybe what gets cut back a little bit in order to keep
that flat-line millage rate and budget while still including in 2017/18
Conservation Collier; however, we do understand that you want to
gauge public sentiment on this and, in an effort to provide you with
additional data for your discussion today and to inform this discussion,
the Trust for Public Land, the Conservancy, Audubon of the Western
Everglades, and Florida Wildlife Federation have co-funded a poll to
get the feel for voter sentiment as it relates to Conservation Collier.
Pegeen Hanrahan from the Trust for Public Land will speak next
to discuss the poll and its results.
And I would like to close by asking that you consider time is of
the essence. It really, really is. We need to get this program
January 24, 2017
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reactivated in this upcoming budget year.
You have three options that have been recommended by staff.
And I'm not really clear what it is -- what the motion on the table is, if
it's for a full-blown county poll or if it's for this public sentiment gauge
at the library, North Collier Regional Park, but the Conservancy would
like to support Option 1 in your executive summary which allows the
county to go out, ask the questions in more of a public interest survey
setting, have it at the library, have it at North Collier Park so that you
can gauge the temperature of the public and get this into your budget
for the next year.
And as Pegeen begins her comments, I'll hand out just a quick
one-pager about our survey results.
And were you going to clarify about the motion?
CHAIRMAN TAYLOR: Please.
COMMISSIONER McDANIEL: If I may, my intent with the
motion was to provide for clarity so that we're all asking the same
thing. Bring it up as an actual discussion point at our next board
meeting, at which point we can then discuss openly, make decisions on
how we're going to ask the question through the polling processes that
we're going to do, establish a timeline for those polling entities, and
what we're -- but I want us all to be on the same page as to how and
what kind of questions that we're asking.
COMMISSIONER SOLIS: Can I just comment?
CHAIRMAN TAYLOR: Yes, of course.
COMMISSIONER SOLIS: Just so I'm clear, because I'm not
sure that I am now. But to do that, we have to make a decision as to
whether or not we're going to go with a poll or not, don't we? If what
we're going to discuss at the next meeting is what the question is, that's
a polling question, right?
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SOLIS: I'm just --
January 24, 2017
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COMMISSIONER McDANIEL: But we've got to start
somewhere with that process. And in an effort to move this along,
garner some public input as much as we possibly can, I think it's
imperative that we are all asking the same thing and promoting the
same message. Whether or not we actually vote for or against it based
upon the poll results, whether or not we all vote for or against the tax
increase with regard -- I just want to make sure that we're asking the
same question as we're going along.
Too often we have discussions about how we're going to do what
we're going to do, and people go off on their own and they start asking
different kinds of questions, Commissioner Solis. And that's the
premises of my motion. Did that clarify you?
MS. JOHNSON: So you're talking about Option 2, then, a
full-blown poll? Are you talking about a poll question that would be --
you know, people would come into the library?
COMMISSIONER McDANIEL: It's to be decided, Nicole.
COMMISSIONER SAUNDERS: Then I'm going to withdraw
my second, because my understanding of the motion was that we
would conduct an informal type of a poll through the TNC or through
the Conservancy. What I'd like to do today -- and if your intent of the
motion is in two weeks we're going to decide whether we want to do a
full-blown poll, I'm going to withdraw my second.
CHAIRMAN TAYLOR: Okay. I don't hear a correction.
Second's withdrawn. Motion fails.
Next speaker, please.
MR. MILLER: Your next speaker is Pegeen Hanrahan. She'll be
followed by Brad Cornell.
MS. HANRAHAN: Thank you, Madam Chair. My name is
Pegeen Hanrahan, and I'm with the Trust for Public Land.
And you all are asking exactly the right questions. This is a great
discussion, and it follows on a really impressive program that your
January 24, 2017
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county has administered for many years now.
The Trust for Public Land, the part of that organization that I
work with works with local governments, cities, counties, and also
states across the nation to answer the exact questions that you're asking
and to help find funding for parks and also open space.
And we have worked with dozens of local governments here in
Florida and over 500 across the U.S., and almost all of them are
preceded by public opinion polling. In the case of Collier County, you,
of course, as you know, have a very strong community here, and you
have some great community partners. We are working today with,
obviously, the Conservancy of Southwest Florida, Audubon of the
Western Everglades, Florida Wildlife Federation, and we made the
decision, hopefully not too prematurely, to get some information that
we could share with you today.
We used what's called an interactive voice response poll, which
some of you may have gotten in the past. It's a recorded voice that
asks questions: Press 1 for this, Press 2 for that, and so on. It was just
conducted this last weekend, January 19th through 20th, and we spoke
to 501 Collier County voters. It was based on a database that modeled
a gubernatorial election, and so it was using folks that would be
projected to turn out.
We looked at the most recent one in November of 2014. And we
asked a number of questions to gauge support for Conservation Collier.
As I think you all are aware and as you might anticipate, we got a very
strong response, 62 percent, and we did ask the quarter-mill question.
Sixty-two percent said that they would like to see Conservation Collier
continued.
And we actually shared the number for the quarter mill that
equates to that figure that Mr. Williams put up that for the median
home in Collier County which, as you know, has to sort of blend, you
know, typical single-family home with condominium properties, but
January 24, 2017
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the average cost for a quarter mill is $88 per year.
When we introduced that figure into the conversation, again, there
was -- nearly a majority said that they would more likely to vote for it,
and then a large percent -- 24 percent said that they would -- 26 percent
said that the price made no difference.
I also want to share that there's a very high awareness -- and you
know this because you know your community better than anyone -- but
44 percent of respondents said that they are familiar with this program.
And so these are informed voters that we're speaking to, and a nearly
5-1 margin a positive opinion of this program.
So we are here to provide assistance to you. I will share most
local governments rely on private funding to do polling, and there are a
number of reasons for that. The Trust for Public Land does have
access to grant sources. And I will say, it is in our best interest to get
very accurate results. We don't want overly positive results because
we can work in many different places. We want to work in places that
want to do this.
I'm happy to answer any questions.
CHAIRMAN TAYLOR: Commissioner Saunders, your light
was on? No.
COMMISSIONER SAUNDERS: No.
CHAIRMAN TAYLOR: Okay.
MR. MILLER: Your next speaker is Brad Cornell. He'll be
followed by Nancy Payton.
MR. CORNELL: Good morning, Madam Chair and
Commissioners. I'm Brad Cornell, and I'm here on behalf of Audubon
of the Western Everglades. Appreciate the opportunity to speak to you
this morning.
I believe you have a summary, a one-page summary of the poll
that we all chipped in to make sure was a useful set of data for this
discussion this morning.
January 24, 2017
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We believe that the people of Collier County, the voters of Collier
County, would support this enthusiastically, has seen the benefits of
Conservation Collier over the years, and would like to see this move
forward, and we urge you to consider restarting this program as
quickly as possible.
We agree that the issue of time is important. Waiting a year to
Fiscal Year '18 or later is, in our opinion, unwise. We think you don't
need to wait that long. We're very confident in the support that your
constituents have for this program, and you just need to look around
the region in the last couple of years, and we know that voters have
supported these kinds of programs all around us, as well two referenda
on this very program itself, although that was 10 years ago.
The program is vital for all kinds of resource needs, flood
protection, water supply, pushing back on sea level rise, preventing
and helping to preventing -- when you have healthy watersheds,
helping to prevent saltwater intrusion into wells and water supply.
This is absolutely essential.
We have unfinished business. The CREW project, Corkscrew
Regional Ecosystem Watershed project is unfinished. That is part of
Collier County's mission to accomplish that.
Horsepen Strand, Winchester Head. I would add Winchester
Slough. Connect these areas in eastern Golden Gate Estates, these
watershed areas. That watershed needs to be healthy.
So we don't believe that you need a referendum to move forward.
We don't believe you need a referendum to even accept the TDR
credits in the rural fringe mixed-use district donation that
Commissioner McDaniel had put out there. We believe you can do
what you need to do with the program as it is, and you can move
forward now.
I would caution you about putting out too many tools in too close
of proximity, you know, a poll, a referendum, a straw ballot. Let's
January 24, 2017
Page 49
figure out what we want to do and get right to the point, and do this
quickly and efficiently. We think you've got the backing of all your
voters, and we hope you move forward quickly.
Thank you very much.
CHAIRMAN TAYLOR: Thank you very much.
MR. MILLER: Your next speaker is Nancy Payton. She'll be
followed by Ellen Goetz.
MS. PAYTON: Good morning. Nancy Payton representing the
Florida Wildlife Federation and one of the sponsors of the poll that
was just presented to you.
We urge you to move forward to include in the upcoming budget.
We are comfortable with gauging public sentiment between now and
those budget decisions with discussions about the millage rate and the
percentage of buy versus manage, which was presented by staff.
The discussion -- the draft question that appeared on the monitor
did give me a little pause when it said open space, included open
space, because open space isn't necessarily conservation land; could be
golf courses, and we don't want to give folks in Lakewood or
elsewhere a thought that they could use Conservation Collier land for
their golf course. So we need to tweak that question if, indeed, it does
go out between now and the budget discussions.
I wanted to comment briefly about North Belle Meade and the
Natural Resource Protection Area. The staff presentation put it under
"acquire." The TDR program provides the opportunity for landowners
to convey, gift with an endowment, to the county through
Conservation Collier. We have long advocated that is no different than
the program Conservation Collier currently has with receiving donated
lands.
Conservation Collier does receive donated lands, and how would
these TDR lands be any different? They're donated lands with an
endowment.
January 24, 2017
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So I think that that's a red flag that's been put up that's
undeserved, that there are ways that it can do, and there's no difference.
Donated land is donated land. And also the current ordinance talks
about acquire, and acquire can mean donated as well as purchase, and
manage and protect.
So I don't think there's any question that the TDR program can be
woven into Conservation Collier without violating any public trust.
That wraps up my comments, and we urge you to move forward,
and we look forward to working with you to get this in the upcoming
budget and get the program revamped.
You've got a discussion today about firebreaks. Conservation
Collier in North Golden Gate Estates can help with those firebreaks.
Thank you.
MR. MILLER: Madam Chair, your final speaker on this agenda
item is Ellen Goetz.
MS. GOETZ: It's good to be last. Ellen Goetz. I have resided in
this wonderful place we call home since 1984. I'm coming to you
today as a citizen, as one of your voters, and I was the campaign chair
of Vote Conservancy Collier 2002 and also in 2006.
And I think we're very encouraged by being here today, the
ability to be here today. We always said this was a grassroots
movement coming from the people, and it really was all about keeping
a balance in this county of the way that we appreciate our way of
living, frankly. And it's been a successful program. It's saved over
4,000 acres over its lifetime. It has been stopped for the last several
years, so I'm sure that there are other parcels that will come forward in
this -- if this is to restart.
It is -- public access is one of the very important criteria in the
ranking of any property, but it is not the only criteria. So a parcel has
to be pretty darn good to float to the top if public access is not one of
those criteria. Usually it's a water resource protection criteria that
January 24, 2017
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outweighs -- that the land is very sensitive, so public access is not
particularly suited for that.
But in the case of Pepper Ranch parcel, which is very publicly
accessible and also the Greenway, the Gordon River Greenway
parcels, are part of that system of greenway which is wonderful public
access.
So I would encourage you, as a voter and having lived here for so
many years, to do what you believe is correct, as Commissioner
Saunders was speaking, and lead us forward in a program that has been
successful, is popular, and can continue to do so in the future.
Thank you.
CHAIRMAN TAYLOR: Thank you.
Commissioner Saunders?
COMMISSIONER SAUNDERS: Thank you, madam. I'm going
to be make a motion, and I want to be very clear in the motion so that
everyone understands what I'd like to see us accomplish.
I do not believe we should have a formal straw ballot. I don't
believe we should go to the voters through that formal mechanism.
So the motion is to direct staff to come back at our next meeting
with some recommendations on how to gauge general public support
for this program through working with the Trust for Public Lands
through the former chair of the Conservation Collier, Ellen Goetz, on
some ideas, find a way to informally gauge public support for this
program, and we'll have that presented to us at our next meeting.
At that next meeting, the Commission can decide if it's going to
be .25 mills, .15 mills; we'll determine the millage rate that's going to
be in the question that's going to be used to gauge general public
support.
And, Madam Chair, that's the motion, to bring that back at our
next meeting.
COMMISSIONER FIALA: Second the motion.
January 24, 2017
Page 52
CHAIRMAN TAYLOR: Discussion? Commissioner McDaniel
was concerned about the wording. We'll discuss the wording at that
time.
COMMISSIONER SAUNDERS: Yes. And I will -- and I would
encourage the board members -- assuming that this motion passes, I
will work with staff to come up with some language. Hopefully
commissioners will have some suggestions on some language. And so
that at that meeting we will draft the question that would be presented
in this informal polling, if you will, of the voters, or the citizens of
Collier.
CHAIRMAN TAYLOR: All right. Does everyone understand
the motion?
(No response.)
CHAIRMAN TAYLOR: All right. There's a motion on the floor
and a second, I believe.
COMMISSIONER McDANIEL: A bunch of lights up.
CHAIRMAN TAYLOR: Oh, yes, there is. Thank you very
much. First, Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And I -- maybe
Commission Saunders said his motion a little more eloquently than
mine, but it was pretty much what I was looking to get to, because I
heard several of our public speakers raise similar questions about --
Ms. Payton talked about the -- some of the language that was in the
staff report with regard to options and how we're going to do, and that
was my rationale in that first motion, to bring it back as a formal
agenda item so that we can talk with specificity about the -- what we're
going to do with the land, how much it's going to be, how much we're
going to put into reserves and so on and so forth.
So I'm okay with it. I would like to not do a straw poll. I don't
think straw polls are all that necessarily effective. I would like to be
personally participatory in the polling process. As I said, that Survey
January 24, 2017
Page 53
Monkey can be plugged onto our websites, and as long as we're all
asking the same question, and that's what's really important to me, so...
CHAIRMAN TAYLOR: Thank you.
Commissioner Solis?
COMMISSIONER SOLIS: My only comment is that ultimately
we're talking about gauging or engaging in some process for gauging
the public sentiment. I mean, you know, if -- if we want to gauge the
public sentiment as to whether or not they're in favor of this, they
ought to just vote on it. I mean, ultimately that's how we do it, and
that's the most accurate.
Again, I'm not opposed to the program. I think it's a great
program. It's just how we get there, I think, is problematic for me
because we are increasing property taxes for a specific purpose.
So if the motion is more than let's discuss the question, it's how
are we going to pose the question, then I'm going to have to --
COMMISSIONER SAUNDERS: The motion is much more than
just continuing the dialogue. The motion is telling staff and the public
that we're not going to go to the ballot in 2018 --
COMMISSIONER SOLIS: Okay.
COMMISSIONER SAUNDERS: -- that we're going to do an
informal -- I use the word "polling" because that's what it is, but it's not
an election. We're going to do an informal polling, as has already been
done by the Trust for Public Lands, but we're going to be a little bit
more formal about it and make a decision on what the millage rate will
be.
Now, that's not -- as was pointed out, that's not necessarily a tax
increase, but it is saying that we're going to designate .15 or .2 or .25
mills for this program over a 10-year period.
Now, we can do that by having a line item in the budget that
increases the millage by that amount or, as was pointed out, we can cut
spending somewhere else. But the question is specifically that we're
January 24, 2017
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going to move forward with this program without going to an official
ballot. We're going to do that -- we're going to do this program in
2017.
CHAIRMAN TAYLOR: All right.
COMMISSIONER SOLIS: Clear.
CHAIRMAN TAYLOR: Oh, I can skip you. Okay.
Commissioner McDaniel?
COMMISSIONER McDANIEL: Yeah. I have a comment with
regard to that, because that wasn't what I understood you to say in your
first motion, sir, because I can't be certain that I'm going to be able to
be happy with the question that's asked, the methodology for the
question to be asked, the polling processes that are, in fact -- I can't say
today that I'm going to support this without going out to a referendum
as, in fact, was done in the past. I don't want to put forth that message.
And if that is part of the motion, then I can't support it.
CHAIRMAN TAYLOR: As many of you know, I was on the
City Council. And when I was elected to City Council, the year was
2000, and I considered it Christmas and my birthday and the 4th of
July all in one because not only was I elected to the City Council, it
was the first time in the history of Collier County that people agreed to
tax themselves to preserve land, and the land was the Naples Preserve.
And if anyone knows where the Naples Preserve is, you'll drive
by and say -- some folks say, what in the world did they do? I mean,
come on, let's build something there. It is the -- it is the -- one of the
few examples of upland left on the coastal area. And I think it was
almost 80 percent of folks said, we will pay. We will pay extra taxes
in order to preserve this piece of land because we need to keep the
open space, the natural environment near us.
And so I feel confidently, based on the polling that Conservation
Collier has done on two occasions, two referendums, that that
sentiment is there. I don't think people change. I think as we grow, it's
January 24, 2017
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even going to become even more important.
And I will honor my colleague to my left, Commissioner
Saunders, because he was the first politician who dared speak on this
in the '90s. He had an initiative called, and forgive me, Penny for
Paradise. And it really -- it was a big step. It was a risky step. The
folks weren't quite ready to accept it. But I was so pleased to see that,
newly elected, back on the commission that you're starting that
initiative again. I think you have your hand on the pulse of this
community, and I really appreciate what you've done.
So that being said, we have a motion on the floor -- I think we all
understand it -- and a second. All those in favor?
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN TAYLOR: All right. Thank you very much. It
carries.
And next meeting we'll get into the -- roll up our sleeves and get
into the wording and appreciate our partners to come and help us with
some wording, individually, of course, and at that point, I think we're
going to give our hardworking court reporter a break, and we'll be back
here at five to 11.
Thank you very much.
(A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mike.
CHAIRMAN TAYLOR: Thank you very much.
Item #9B
January 24, 2017
Page 56
RESOLUTION 2017-14: AN INTEGRATION AGREEMENT
INCORPORATING THE TERMS OF SETTLEMENT OF A
LAWSUIT AGAINST ORANGE TREE UTILITY COMPANY
("OTU"), ORANGETREE ASSOCIATES AND RELATED
PARTIES IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY,
FLORIDA, AND TO APPROVE THE TRANSFER DOCUMENTS
REQUIRED TO TRANSFER WATER AND WASTEWATER
ASSETS TO THE COUNTY, AFTER BOARD OF COUNTY
COMMISSIONER CONSIDERATION AND APPROVAL OF
SUCH TRANSFER AT A DULY NOTICED PUBLIC HEARING
REQUIRED BY FLORIDA LAW – ADOPTED
MR. OCHS: This takes us to Item 9B on your agenda this
morning. This was an item that was continued from the January 10th,
2017, board meeting.
It's a recommendation to approve by resolution an integration
agreement incorporating the terms of settlement of a lawsuit against
Orangetree Utility Company, Orangetree Associates, and related
parties in the Circuit Court of Collier County, and to approve the
transfer documents required to transfer water and wastewater assets to
the county after Board of County Commissioner consideration and
approval of such transfer at this duly-noted public hearing as required
by Florida law.
Mr. Yilmaz, excuse me.
CHAIRMAN TAYLOR: I think we -- do you --
COMMISSIONER SAUNDERS: Madam Chair and
Commissioners, I have a conflict. I represented Orangetree Utilities
and the Orangetree developers for many, many years.
I no longer represent them and have no financial interest at all in
this particular issue and certainly will have no professional relationship
January 24, 2017
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with the Orangetree Utilities or the developer going forward, but on
the advice of counsel, I'm not only indicating that I have a conflict and
will fill out the form, but I'm going to exit the room and not participate
in the discussion. So thank you.
CHAIRMAN TAYLOR: Thank you very much.
So ex parte?
MR. OCHS: No, ma'am. I don't believe ex parte is required here.
MR. KLATZKOW: This is legislative, not quasi judicial.
MR. OCHS: Dr. George Yilmaz, your Director of your
Department of Public Utilities, will begin the staff presentation.
MR. YILMAZ: Good morning, Commissioners. For the record
George Yilmaz, Public Utilities.
In summary, we do have staff recommendations in close
coordination with all parties on Page 112 of your package listed.
Without going through line item by line item what those
recommendations are, our objective is, as recommended in executive
summary, receive our governing board and Board of County
Commissioners approval of what staff has recommended and
execution of the agreements signed by the Orangetree Utilities as well
as Orangetree Associates presented to you that is in front of you.
With that, I'd like to introduce our special legal counsel who will
provide you with brief background and with an executive summary
that will paint a picture for you on a high-level policy level.
Thank you. And, Mr. Brian Armstrong, sir.
MR. ARMSTRONG: Thank you, Dr. Yilmaz.
Commissioners, my name is Brian Armstrong. I'm with the law
office of Brian Armstrong, PLLC, in Tallahassee, Florida. I am the
county's special utility counsel. I've been representing private utilities
and government utilities for over 30 years, predominantly doing
purchases and sales of utility systems, rates, and actually management
of utilities.
January 24, 2017
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About half of that time, the last 16 years, it's been predominantly
government utilities: Counties, cities, government utility authorities
that I have represented in matters like you have before you today.
I have written out a presentation to you because I think it's clear --
we really want to be clear on the record, and this is a hearing as to --
and I want to be as clear to you because this has been going on for a
long time -- for a couple of you it's the first time you're hearing about it
-- and I think it's really important that we address some of the factors
that relate to this matter.
The hearing was publicly advertised on December 28th, 2016, as
required by law. Florida law also requires that this board -- and today
you're acting as the Board of County Commissioners as well as sitting
as the governing board of the Collier County Water/Sewer
Department, so it is two functions you're actually fulfilling today.
And when you make a decision, it's based upon the best interest
not only of Collier County itself, but also on behalf of the Collier
County Water/Sewer Department and the customers that it serves.
There are nine factors that the Florida law requires be considered
before a county can actually take over a utility system. The staff report
that we've presented to you does cover each of those nine factors, and
certainly we can answer any questions you might have with respect to
that report.
The staff recommendation and my recommendation to you today
is to sign the integration agreement presented to you, which has
already been signed by Orangetree Utility and Orangetree Associates.
Transfer documents, deeds, bills of sale, easements, and
assignment of easements, all the documents that typically are used to
close a transaction like this that have all been signed by Orangetree
Utility and Orangetree Associates are in the package provided to you.
Also, a bulk reclaim water agreement is before you today. It's
also signed by an Orangetree Utility affiliate called Community
January 24, 2017
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Resource Services. The Valencia Homeowners Association would be
another party to that bulk reclaim water agreement because it would
allow, after the county assumes ownership of the Orangetree system
and upgrades that wastewater system to be reclaimed water, which is
the highest standards available, it would allow the county to then sell
water to Community Resources, which would then be used to irrigate
the Valencia homeowners' common property. And they have indicated
their intent to sign the agreement as well if the Board approves it
today.
Collier County has a lot of experience with reclaimed water and,
again, reclaimed water is just highly treated wastewater so that it could
be reused out in the public. And you actually serve 23 users of bulk
wastewater, reclaimed water today. So it would be one of the benefits
that we've described that will occur once this acquisition or this
conveyance occurs.
As I mentioned, Orangetree Utility and Orangetree Associates
have already signed the integration agreement provided to you. Your
staff and I request a motion, second, and a vote of this board approving
the terms of the integration agreement and authorizing the chair to sign
it and the transfer documents today.
The staff report and supplemental staff report presented to you
describe the benefits to current Orangetree Utility customers, current
Collier County Water and Sewer Department customers, and Collier
County in general if the Orangetree system is integrated into the
Collier County Water/Sewer Development.
There are many benefits. And you should also know that because
the county will improve the wastewater treatment to reclaimed water
standards, there will be an increase in cost. And customers at
Orangetree who are currently receiving bills from Orangetree will
receive about a 31 percent increase in their monthly bill at 5,000
gallons.
January 24, 2017
Page 60
The water bill will actually come down a little bit, but the
wastewater bill, because of this higher treatment level, will go up by,
you know, a little bit more than 30 percent, which will net out to be a
31 percent difference in their bills.
So some could say that's a disadvantage, but based upon all the
other advantages from this transaction, it's heartily recommended to
you by me and by your staff.
Ordinarily I would end my presentation here; however, staff has
been advised that Orangetree Utility and Orangetree Associates do not
accept the findings of the engineering firm contained in the updated
report, which is contained in Appendix I of the integration agreement
we've provided to you. The engineering firm was asked to determine if
there is excess capacity in the Orangetree system above and beyond the
capacity necessary to serve existing Orangetree customers and future
customers where capacity has been committed by developer
agreements.
Now, we'll get into a little bit about the developer agreements, but
we also recently have learned that one of the policies of Orangetree is
not to require a development agreement for up to 200 connections so
there could be additional capacity out there that's been committed that
we would need to know about that would not be reflected even in the
developer agreements we've been provided.
Based upon information provided by Orangetree to the
Department of Environmental Protection only a few months ago, the
engineering firm updated their prior report regarding excess capacity
and determined that no excess capacity exists in the Orangetree water
system or wastewater system.
Orangetree Utility and Orangetree Associates apparently disagree.
Orangetree Utility and Orangetree Associates believe there is excess
capacity, and they believe that the county should pay for that excess
capacity by giving Orangetree Associates free connections after
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closing.
That is why staff and I sent you the supplemental report
yesterday. That's the very reason we had to send that to you. We want
you to understand that we believe the updated engineering report to be
accurate. We want you to understand that in the most recent developer
agreement negotiated and signed in September of 2016 by Orangetree
Utility with Orange Blossom developer, the utility collected $418,400
in prepaid connection charges, and for the first time, the utility added a
sentence in the developer agreement notifying the developer that if
capacity was not available in the Orangetree system to serve all of the
prepaid connections, that whatever capacity that is available would be
allocated to developers based upon the prepaid connections and the
date they actually signed a developer agreement with the utility.
Orangetree only provided us with a copy of that developer
agreement five days ago on January 19th. We refer to this developer
agreement and specifically that new sentence as the "smoking gun."
No prior developer agreement of Orangetree Utility had this sentence,
putting the developer on notice that capacity may not be available even
though they have prepaid connection charges, and that sentence
indicates that if capacity is not available, what capacity exists would go
to the developers who have prepaid for connections in the order that
they signed a developer agreement with Orangetree Utility.
This agreement, given to us only five days ago, just before last
weekend, confirms the findings of the engineering firm and confirms
your staff's belief that no excess capacity exists.
The supplemental report also was provided to you to inform you
that staff disagrees with Orangetree Utilities and Orangetree
Associates, that they should be provided free connections after closing
regardless of whether there is excess capacity. There is no mention of
free connections in any ordinance or agreement.
The ordinances and agreements entered over a period of 25 years
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say that Orangetree Utility and Orangetree Associates, quote, freely
and voluntarily agree to convey the Orangetree system to the county at
no cost.
If free corrections are provided, there is a cost. The cost will be
equal to the funds which the Collier County Water/Sewer Department
will have to raise to make improvements to the Orangetree system and
to pay to expand it to accommodate the free connections which
Orangetree Associates desires.
Who will bear the cost of those free connections? The customers,
the current customers of Orangetree Utility and the current customers
of the Orangetree -- I mean of the Collier County Water/Sewer
Department.
Instead of funding the improvements and the expansions with
connection charges paid by Orangetree Associates, the county will
have to fund -- raise the funds from somewhere else, and customers
will pay for those funds and rates.
Finally, the Board should know that just yesterday Orangetree
sent us copies of two more developer agreements. These agreements
date from 1993 and 2002 and are between Orangetree Utility and
Orangetree Associates. The utility and the -- you know, obviously the
affiliated developer.
Orangetree Utility and Orangetree Associates refused to provide
us -- well, let me be clear. On October 3rd, 2012 -- 2012, that was the
first time that your staff and counsel asked for copies of all developer
agreements. We asked for copies of all developer agreements.
It took about a year, and the response we got was, go find them.
We filed them with the regulatory authority. Come to our offices and
go find them.
In 30-plus years of doing purchases and sales of utilities, I have
never experienced that. In fact, Bruce May, who's a counsel for
Orangetree that you'll hear from today, who's a fine lawyer and I've
January 24, 2017
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worked with before in the last major acquisition I did that involved 17
counties and cities and we acquired a major utility called Aqua in the
State of Florida -- we just closed it a couple years ago -- one of the first
things that I requested on behalf of my clients was copies of all
developer agreement. Bruce May represented them and, guess what?
One of the first things they provided was all copies of all developer
agreements. I've never experienced this before, Commissioners.
Yesterday we received two.
We have had -- anticipating this kind of a problem, and that's why
it's taken so long to get this before you. Anticipating this kind of a
problem, we actually went to Orangetree -- we accepted their offer.
We sent a lawyer in 2014 to get all developer agreements. Boxes -- the
boxes that were provided, he went through it with four members of
your county staff. They identified every developer agreement, and
they got copies, and they brought them back. And we reviewed them.
We know what's in them.
One of the specific items that we said -- and I spoke with him --
find every developer agreement between Orangetree Utilities and
Orangetree Associates. None were there.
Two years later, 2016, they open up the office again. And myself,
Mr. Teach, two other lawyers, four lawyers went because we were
anticipating this might be a problem. We went to their office. We
were brought to a conference room. We were presented 20 boxes or
so. We looked through every one, four lawyers. And before we went
into that room we said, find every Orangetree Associates and
Orangetree Utility developer agreement that is in these boxes. Look
for them.
Commissioners, I could give you an affidavit from four -- five
lawyers; they did not provide these agreements to us.
The county cannot know with any degree of certainty how many
additional agreements exist or how much capacity has been committed
January 24, 2017
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by Orangetree Utility to date. This is another reason confirming that a
determination that excess capacity exists is fraught with uncertainty.
Commissioners, the bottom line, after 25 years of repeatedly
saying -- repeatedly saying it would freely and voluntarily convey the
Orangetree system to the county at no cost, after 25 years of repeatedly
asking the county for additional density and rezoning and asking the
county to forestall exercising its right to take the system at no cost --
they repeatedly asked for that, and they were repeatedly given those
rights by the county.
Each time Orangetree Utility and Orangetree Associates
reaffirmed their willingness to, quote, freely and voluntarily convey
the Orangetree system to the county at no cost, but now when the
county asks for the system to be conveyed to it, Orangetree Utility and
Orangetree Associates say they will not do so unless the county pays
for it with free connections.
Having made this report, staff and I wish to reaffirm that what we
are presenting to you by way of the integration agreement is a
proposed settlement agreement. As such, there is give and take. For
these -- for this reason, to settle the litigation and to incentivize
Orangetree Utility and Orangetree Associates to convey the Orangetree
system to the county now, the county proposes to allow Orangetree
Utility and Orangetree Associates to keep nearly $2 million of prepaid
connection charges, including the 4,018,400 they recently collected in
September from Orange Blossom, and about $70,000 they recently
collected from Publix supermarkets.
We propose that they keep that. They have received in the years
that they've been operating the system $12 million of contributed cash
and property. But unlike anything I've ever seen before in all my
years, only $10 million of the dollars of it has been invested to the
utility system. So that's the $2 million. It's really required to be
invested in the integration agreement you have before you in section, I
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believe it's 8.08; it refers to connection charges.
We are saying they can keep it. So that's the cost. That's the
give-and-take. That's the settlement. Let them have the $2 million.
Let them walk away with it.
Staff and I recommend that the Board pass the resolution
presented to you finding that the terms of the integration agreement
providing for the assumption of ownership of the Orangetree system
by the county is in the public interest. Staff also recommends that the
Board authorize the Chair to sign the bulk reclaimed water agreement
as a necessary part of the Orangetree system integration.
That concludes my presentation, and I'm available for any
questions you might have, Commissioners.
CHAIRMAN TAYLOR: I see no questions. Thank you very
much.
MR. ARMSTRONG: Thank you.
MR. OCHS: Speakers?
MR. MILLER: We have public speakers. Your first public
speaker is --
CHAIRMAN TAYLOR: I think we need to hear from Mr.
Anderson, should we not?
MR. OCHS: Is he registered to speak?
MR. MILLER: No.
MR. ANDERSON: I'm the representative of the utility. We're a
party.
MR. OCHS: Ask your attorney. It's not a public --
MR. KLATZKOW: I'd hear him.
CHAIRMAN TAYLOR: I'm sorry?
MR. KLATZKOW: I would hear him.
CHAIRMAN TAYLOR: Yes. I think it's -- I think it's important.
Also I think I'd like to, if it's okay with our County Attorney,
reserve the right to bring the county back up if we have some
January 24, 2017
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questions.
MR. KLATZKOW: This is not quasi judicial. I mean, however
you want to approach this.
CHAIRMAN TAYLOR: All right.
MR. ANDERSON: Good morning, Commissioners. For the
record, my name is Bruce Anderson from the Cheffy Passidomo law
firm. I'm here on behalf of the Orangetree Utility Company.
There are just a couple of procedural items I want to get out of the
way before I get into the merits. One is for Appendix G, we need to
add the Orange Blossom Ranch development agreement to those that
are being assigned and transferred to the county and assumed.
With regard to the bulk irrigation agreement, which my client has
signed, it consists of three parties. I just would ask if by some chance
the HOA doesn't sign it, would that be an impediment to closing?
MR. KLATZKOW: George, do you need them to sign it, or can
you run this utility without it?
MR. YILMAZ: Honorable County Attorney, for the record, Dr.
George Yilmaz. The answer is, no, we don't need that agreement
executed today; however, that agreement can follow our integration
agreement as proposed to be executed here.
MR. KLATZKOW: Yes, I understand that. But worse comes to
worst, and the homeowners association refuses to sign the agreement,
can you still run the utility?
MR. YILMAZ: Then they will be 106 on the list to receive our
reused water.
MR. KLATZKOW: It's yes or no. Can you run the utility
without it?
MR. YILMAZ: Absolutely, yes.
MR. KLATZKOW: Thank you.
MR. ANDERSON: And in Appendix I, you have the original
Hole Montes report dated from August of 2015, and there is a newer
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unsigned, unsealed Hole Montes memo that's dated from November.
My client -- that was not a part of the agreement that my client
signed. We do not agree with that memo update, and it is not a part of
the integration agreement. I'll get into some details about that in a
moment.
I want to introduce a couple people. Steve Lowets (phonetic) and
Kimberly Thornton from Orangetree Utility Company, and my
co-counsel, Bruce May, from the Holland and Knight firm, their
Tallahassee office.
I became involved in this in order to help push this long-planned
acquisition over the finish line, and that's what I'm here to do today.
I also want to make clear that it has never been Orangetree
Utility's position that there are any impact fee credits or free
connections due unless there is excess capacity left in the plants.
This is a great deal for the county. You're getting a free
wastewater and water plants that, according to the title policy you all
procured, has a conservative estimated value of $15 million, and the
utility generates annual gross revenues of 1.7 million. So those are
free as previously agreed to.
There is only one significant point of dispute, and it's concerning
the engineering calculations to determine how much excess capacity
there is left.
Under the mediated settlement agreement, Orangetree is entitled
to receive utility impact fee credits in the form of connections for
however much capacity is left not to exceed what they need only for
the Orangetree PUD, not any of the rest of their service area.
Section 5.02 of the integration agreement, which we have posted
here, it required the county and the utility to jointly hire Hole Montes,
which they did, for an August 2015 engineering report on how much
capacity was left at that time. The agreement also provided that the
county and the utility would jointly sponsor and pay Hole Montes to
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update their August report. Instead, the county hired Hole Montes as
an expert witness for the county, and they had Hole Montes update the
report without even contacting the utility company on what was
required to be a jointly sponsored update.
Now, the county's consulting engineer's August 2015 report is the
only valid one before you because it's signed and sealed by an
engineer. In fact, two of them. The unofficial November update
memo that says there is no capacity left or it's over capacity is neither
signed nor sealed by an engineer.
Orangetree believes there is capacity left based on updated
information that was filed with the Florida Department of
Environmental Protection by an engineer for Ronto, who is one of the
other developers in the Orangetree PUD. Staff has refused to
reconsider or update the Hole Montes memo based on this new
information.
All we want is a truly independent engineering report to
determine if there is any plant capacity left and how much. Now, that
can occur after the county takes over operation if that's how you all
want to handle it.
The county is getting a valuable -- I'm going to sum up now.
You're getting a valuable asset. These facilities generate a healthy
annual gross return, and not only does the integration agreement give
the county a multi-million-dollar revenue-producing asset for nothing,
it also settles a long-standing protracted and very expensive litigation.
I took a look, and since September of 2012, up to November
2016, the county had incurred $474,000 in lawyer's fees.
MR. KLATZKOW: Well, to be fair, Bruce, your client's been
paying a lot of those for us.
MR. ANDERSON: That's true. I said "incurred." My client
honored their --
COMMISSIONER McDANIEL: We're going to be fair about it.
January 24, 2017
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MR. ANDERSON: Yes, yes, but they did incur it.
The county is not going to get a better deal if it walks away from
the integration agreement and pursues the litigation. You should
approve the integration agreement, take over the utility, and move
forward. Orangetree wants to start fresh. It's time to push it over the
finish line.
CHAIRMAN TAYLOR: Thank you very much.
MR. ANDERSON: Thank you.
MR. MILLER: Madam Chair, you have four registered public
speakers for this item. Your first speaker is Anthony Solomon to be
followed by Carl Barraco.
MR. SOLOMON: Hi. I'm Anthony Solomon. I'm the executive
vice president of the Ronto Group. We are the largest landowner in the
Orangetree service area. We own Twin Eagles. We own Orange
Blossom Ranch and Groves, and we also control, basically, the rest of
the Valencia Golf and Country Club development.
So we own or control over 2,000 units in the service area. As
well, I am the president of the Twin Eagles Homeowners Association
and the president of the Orange Blossom Ranch and Groves
homeowners association.
And I would urge the commission to complete the takeover of
Orangetree Utilities. It has -- I mean, this has been going on for over, I
don't know, maybe 15 years.
The residents in the area have been promised, since long before
we became involved, that the takeover was imminent. They have --
my homeowners, my clients, be they the homeowners, builders,
ourselves have suffered, you know, slow development, tough to get
things done out there, as you're reading in the papers. They're very
frustrated with service, things like that, and I think it's time, that the
county owes it to the homeowners in that area to get the same services
that the rest of the county gets.
January 24, 2017
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It's interesting, you know, we're hearing about spending $32
million on acquiring public lands, and there's a large group of
homeowners out there that just want to get regular county services.
The county's getting the utility for nothing. Right now the county
not being involved is hampering both out there terribly. Make no
mistake about it, Northeastern Collier is where the growth is going to
occur. There's not many places left. It's approved land. It's
uncontentious as far as growth goes.
The county has done fantastic planning in terms of Immokalee
Road. They've got the lines ready to serve, have ready forever. The
area's finally poised for growth. And, by the way, it's the growth for
working people. Orange Blossom Ranch, we're planning on having
homes, you know, from the mid $200s to mid $400s.
This is where, you know, we're going to have -- there's three
schools out there. Publix is there. This is where the home -- the
working people are going to need to go. And this is the most important
thing I can think of that's in front of the commission this year.
And I know the County Attorney, we've been working with him.
He's been working hard to get this deal for years and years and years
and, with county staff, and as far as the money that was contributed to
Orangetree, you know, I'm the successor to both those entities.
Whether it be Bonita Bay or Pulte, we now are the successors to that.
And I don't care, let them keep the money. Just take over the utility,
please, for everybody in the area.
Thank you very much.
MR. MILLER: Your next speaker is Carl Barraco. He'll be
followed by Shirley Cothran.
MR. BARRACO: Good morning, Madam Chair,
Commissioners. I'm Carl Barraco. I am a Professional Engineer and
President of Barraco Associates, an engineering, surveying, and
planning firm serving Southwest Florida.
January 24, 2017
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I'm here this morning at the request of Mr. Anderson and
representing my client, the Ronto Group. We are the engineer of
record for Orange Blossom Ranch, which is a Ronto project. And one
of our assignments was to obtain a Florida Department of
Environmental Protection permit to construct a water distribution
system. That was for -- to serve 200 units now and more in the future.
I did obtain that permit at the end of 2016. At the time I prepared
the application, as I always do, to be used to obtain the permit and, as
such the application included some very broad assumptions. Those
assumptions are based upon one document, which is a 10-state
standard. And as the name implies, that information is taken from a
very large geographic area and is based upon many service areas and
many plants. So that was a coarse bit of information that we typically
use for DEP applications.
We obtained that permit in November of 2016. And then I believe
it was on January 4th of this year I was asked to participate in a
conference call regarding the Orangetree Utilities, and I did. And
during that call I learned that the permit that I obtained and the
assumptions in the application were being used to determine the
available remaining capacity in Orangetree water plant. That was not
the intended use for that information.
So I suggested that I revise and refine my information based upon
more accurate and detailed information such as the -- what I refer to as
the 2015 report, and that's the report that Mr. Anderson referenced
done by Hole Montes.
After the call, I spoke to Mr. Moon at FDEP, explained the
situation, and we agreed I would submit a cover letter. And the only
thing it was changing are two assumptions on Page 2 of the
application.
I made those changes, and those changes were based upon the
average flow per unit and the peak factor for their daily usage, both
January 24, 2017
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from the 2015 report. At this time that's the best information available,
and it's very specific to that plant and that service area.
That was submitted to the FDEP. Copies were given to Mr. Bolt
and Mr. Hoyt, who also signed the original application, and a copy was
given to Dr. Benson, one of the authors of the 2015 report.
I believe that is the best information available that could be used
for both obtaining the permit, which was original intent, and it's also
very valid and reasonable for what it may be used for in capacity.
And in closing, I'd like to read something from the report, if I
may.
CHAIRMAN TAYLOR: How long is it, sir?
MR. SOLOMON: About 15, 20 seconds.
CHAIRMAN TAYLOR: That's fine.
MR. SOLOMON: This is on Page 4 of the 2015 report. When
we divide the adjusted maximum daily flow in March 2013 by the
average daily flow over a three-year period, this results in a peak-day
factor of 1.49, which is what my revision was based upon, which can
be multiplied times the average annual daily flow water level of
service of 146 gallons per day per ERC, which is also the basis of my
revision, to obtain a maximum daily flow water system level of service
of 217 gallons per day per ERC.
And this is the important part: This maximum daily flow level of
217 gallons per day per ERC is what needs to be used when
identifying available water treatment plant capacity for future
customers. The 200 units in my application are not on the system.
They are future customers. That's why I was so comfortable using this
information in my revision, to satisfy both the permit requirements and
if it's used in the future capacity. Thank you.
CHAIRMAN TAYLOR: Thank you very much.
MR. MILLER: Your next speaker is Shirley Cothran. She'll be
followed Philip Muttonry (sic).
January 24, 2017
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MS. COTHRAN: Hello. I am Shirley Cothran. I am the Civics
Affair Chairman for Waterways of Naples.
Orangetree Utility is -- we share a common property border with
them. Our development has been waiting years for the county to take
over the water plant, and we hope that you approve it and get it over
with.
There were three other water facilities on the agenda this year --
this meeting that are going through on your consent agenda without
discussion vote. Companies do this all the time. Orangetree Utility
has fought this for years. They lost a lawsuit earlier in the 2000s, and
they had to pay the county for the county's attorneys fees. They lost it
on appeal also.
Please do this. We are tired of dealing with -- we're looking for --
to deal with people who believe in public service. And all our
interactions with the Collier County water system have been positive,
friendly, nice. The same cannot be said for interactions with
Orangetree Utility.
Waterways has an additional problem in that Orangetree wants to
use the pipes that run under our streets to connect the recycling
collections center that will be up by the fairgrounds to the water
system. Our covenants say that nothing in our development can be
used to serve the public.
The alternative is connect to the water system that's across
Immokalee Road that the county has already run pipes for or let that --
or do something else with that facility. Everything in the fairgrounds
is on well and septic, but for some reason this one facility that is going
to have two bathrooms and a sprinkler system, Orangetree insists that
they be connected to their water system.
And they want to dig up the yards of two homes to run the pipes
through it so they can get up there in the shortest distance; whereas,
there are other alternatives, and one is to use the pipes that run along
January 24, 2017
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Oil Well Road and up Immokalee and up to 33rd.
So please approve this. Thank you.
MR. MILLER: Madam Chair, your final speaker on this agenda
item is Philip Muttonry.
MR. McHENRY: Hi. Philip McHenry. Actually --
MR. MILLER: Sorry.
MR. McHENRY: No problem. I come to you as a resident,
actually, from the Ranch at Orange Blossom. I bought my house about
two years ago. It's been great.
It seems a bit frustrating to see the future money and growth that's
being invested in the area be stunted by lack of capacity for water. It
seems like we should have that figured out.
I also work in the area, but understanding that, you know, we
have the future -- I have a son now, one-year-old. I look forward to,
you know, spending future years with him. You have the Corkscrew
Island Park. I'm not sure if that has much to do with this, but is that
going to sit there, a ball and chain, for future years as it doesn't have
water, just like the Publix sits?
And our community now has a recently built clubhouse that is
completed but we cannot use it because we can't connect to water.
So I'm just here to voice frustration with the overall scene and
would hope you guys could absorb it. I've actually lived in Collier
County for years as well.
I've had great experiences with both utilities, but the fact that we
can't seem to get water is mind boggling. So we would appreciate and
urge you to take over the system and get this resolved.
Thank you.
CHAIRMAN TAYLOR: That's the end of our speakers. So,
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Are you ready for a
motion?
January 24, 2017
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CHAIRMAN TAYLOR: I am.
COMMISSIONER McDANIEL: If I can ask our county attorney
one question before I make my motion.
When Mr. Anderson, the representative of the developer, was at
the microphone, he added in a couple of things. Did you hear anything
there that gave you heartburn from the agreement that we have?
MR. KLATZKOW: You don't have an agreement.
COMMISSIONER McDANIEL: The settlement that's --
MR. KLATZKOW: What he's saying to you is that you don't
have an agreement, that he disputes -- Bruce, do you mind? I don't
want to mischaracterize that.
COMMISSIONER McDANIEL: He added in a couple of
developer agreements that --
MR. KLATZKOW: Yeah. My understanding, Bruce, is that
your client's disputing the Hole Montes amended report as it were.
MR. ANDERSON: Yes, sir.
MR. KLATZKOW: So that at the end of the day you don't
believe that that amended report is -- was contemplated by the
integration agreement?
MR. ANDERSON: Not in the way it was done, no. We believe it
to be a tainted report, tainted by the county staff by going ahead and
engaging Hole Montes as an expert witness instead of having the study
done jointly, as the integration agreement required.
MR. KLATZKOW: All right. So what I'm hearing is that you
don't have an agreement.
MR. ANDERSON: Only over that item.
COMMISSIONER McDANIEL: In that item.
MR. KLATZKOW: In that one item, yes.
COMMISSIONER McDANIEL: I'd like to make a motion that
we approve the settlement agreement with an amendment to the effect
that upon the county's takeover of the facility, which I think is March
January 24, 2017
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1st, that we come to an agreement on a mutually agreed upon
third-party consultant to ascertain the potential of existing capacity.
Does that get us where we need to go?
MR. KLATZKOW: Well, let me ask Mr. Anderson, would that
be agreeable to your client?
MR. ANDERSON: Yes, sir.
MR. KLATZKOW: And are you authorized to accept that?
MR. ANDERSON: Yes, I am.
MR. KLATZKOW: All right.
CHAIRMAN TAYLOR: He's being waved.
COMMISSIONER SOLIS: Brian?
MR. KLATZKOW: Well, let me just finish then.
MR. ANDERSON: Yes. We probably ought to talk about a
timeline for that to be done but, otherwise, I agree with Commissioner
McDaniel's motion.
MR. KLATZKOW: All right. And previously we had given you
three experts who were on current county contracts. Would you be
amenable to one of the other two that are on current contracts?
MR. ANDERSON: Yes.
MR. KLATZKOW: All right. So these would be county
contracted experts already existing.
COMMISSIONER McDANIEL: Mutually agreed upon.
CHAIRMAN TAYLOR: No trouble with procurement or
anything?
MR. KLATZKOW: No. We already have contracts with them.
COMMISSIONER McDANIEL: Right. And won't do it until
after the county actually physically has possession.
MR. KLATZKOW: So there's a report that will be generated
after the county gets possession, correct?
MR. ANDERSON: Yes, sir.
MR. KLATZKOW: All right. And at that point in time, the
January 24, 2017
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whoever we agree upon will come up with a report.
COMMISSIONER McDANIEL: Now, is your timeline, Bruce,
with regard to the third-party mutually agreed upon consultants
ascertaining the existing capacity --
MR. ANDERSON: Yes.
COMMISSIONER McDANIEL: -- or is it us picking one?
MR. ANDERSON: No, no, no. For them to make the
determination within some specified period of time after they've, you
know, looked at records and consulted with our folks.
COMMISSIONER McDANIEL: Right. And Dr. Yilmaz gets in
there and waves his magic wand, so...
MR. KLATZKOW: All right. Let me just make this specific so
that the Board knows what you're voting on.
All right. So, George, we have two other experts on contract,
correct?
MR. YILMAZ: Sir, I think we have up to 12. I will say we'll
look at our -- all engineering consultants available to us in the subject
matter. I will say we will look at all those contracts and agree to one.
MR. KLATZKOW: Okay. But you're comfortable with all of
them, correct?
MR. YILMAZ: Yes.
MR. KLATZKOW: Okay. Then my recommendation would be
that, Bruce, your client picks one that was already on our contracts
anyway to avoid any dispute.
MR. ANDERSON: Okay.
MR. KLATZKOW: Okay. So that --
MR. OCHS: We'll jointly pick one.
MR. KLATZKOW: You may have a dispute if it's going to be a
jointly picked one. We've already gone into contracts with these
people is what I'm saying.
MR. OCHS: He'd agree to any of them that are on our contract?
January 24, 2017
Page 78
MR. KLATZKOW: Yes. All right. So that will be the person
we use. That report will commence after we take over the facility.
COMMISSIONER McDANIEL: And what's a reasonable length
of time for it to be completed? That's the question that I don't know.
MR. KLATZKOW: I don't know how long it takes for these
reports to get completed.
CHAIRMAN TAYLOR: But, again, the issue is to get the utility
transferred with the integration agreement; to get it signed and to get
the county --
COMMISSIONER McDANIEL: In possession.
MR. KLATZKOW: My understanding, and correct me if I'm
mistaken, is that you will have -- on March 1st you will have
possession of the facility.
Is that correct, Bruce?
MR. ANDERSON: Yes.
CHAIRMAN TAYLOR: That's what I heard.
MR. KLATZKOW: That there is one open issue, and that's
whether or not there's additional capacity.
COMMISSIONER SOLIS: But that's not what I heard. I thought
the first thing that Bruce started out with was that there were more
developer agreements that needed to be added to do Appendix G.
MR. KLATZKOW: Right, and that goes to the excess capacity.
We're not entirely sure how much has been sold by the current
ownership.
COMMISSIONER SOLIS: Okay. Let me -- just for my own
purposes, so I understand, the settlement agreement, what we're calling
the settlement agreement, has been signed by Orangetree.
MR. ANDERSON: That's correct.
MR. KLATZKOW: But they're disputing one of the terms. This
key term they're disputing.
COMMISSIONER SOLIS: But they've already signed it.
January 24, 2017
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MR. KLATZKOW: Yes, but they signed it with the
understanding it would be one Hole Montes report. That report was
updated. They don't agree to the updated report.
COMMISSIONER SOLIS: But --
MR. KLATZKOW: That's the dispute.
COMMISSIONER SOLIS: -- the provision, Bruce, that you
presented -- and we only see part of the paragraph because -- do you
have Page 12?
MR. ANDERSON: Yeah.
COMMISSIONER SOLIS: Because it says -- well, leave the --
put them up there so we can read the whole thing.
I mean, I don't understand what the issue is, frankly, because it
says where you put the star, the parties further agree to retain and
jointly pay Hole Montes to update the Hole Montes report for any
changes and excess capacity. I mean, the agreement says that Hole
Montes is going to do that, right?
MR. ANDERSON: Jointly. This was a unilateral decision.
MR. OCHS: It says "jointly pay."
COMMISSIONER SOLIS: Okay. Well, I want to understand
where we stand. Okay. That's number one. Number two, at the time
that the agreement was signed, all of the developer agreements that
were known or -- by the county or whatever were attached as
Appendix G.
MR. ARMSTRONG: The updated Hole Montes report was in
their possession. They had it when they signed the agreement, and the
developer agreements that we were able to locate were attached to
Appendix G. They did not identify Publix. They did not identify
Orange Blossom.
COMMISSIONER SOLIS: So that was the -- the ones, Bruce,
that you're referring to that you would like to have added were ones
that came up later?
January 24, 2017
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CHAIRMAN TAYLOR: Like yesterday.
MR. ARMSTRONG: Yes. That's what he's asking, I believe.
Right, Bruce?
COMMISSIONER SOLIS: I mean, at the time that the utility
signed the settlement agreement, there was an Appendix G that had
developer agreements attached.
MR. ANDERSON: Yes, sir; yes, sir.
COMMISSIONER SOLIS: The ones you're talking about were
not attached to that agreement at the time Orangetree signed it.
MR. ANDERSON: That's correct.
COMMISSIONER McDANIEL: That's my understanding.
MR. ANDERSON: Yeah.
COMMISSIONER SOLIS: Okay. And they were in
Orangetree's possession?
MR. ANDERSON: They were also in the county's possession. I
mean --
MR. KLATZKOW: No, hold on. Bruce, hold on. Your client
has personal knowledge as to every agreement your client entered into
with respect to these connection rights. Okay. That's what we need.
My understanding is that all those agreements have been provided to
us; is that correct?
MR. ANDERSON: I believe so.
MR. KLATZKOW: And to the best of your knowledge, there's
nothing else out there; is that correct?
MR. ANDERSON: That's correct.
MR. KLATZKOW: Because if there's something else out there,
that goes against whatever capacity might be remaining.
MR. ANDERSON: You betcha.
MR. KLATZKOW: Okay.
COMMISSIONER SOLIS: Okay. I'm just trying to figure out
exactly what the agreement was that was signed. That's all I'm trying
January 24, 2017
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to do, because --
MR. ANDERSON: Which agreement, the integration -- the
settlement agreement?
COMMISSIONER SOLIS: Yes.
MR. ANDERSON: Yeah.
MR. ARMSTRONG: Commissioner, if I may, too, I just want to
reaffirm, I mean, the Hole Montes update -- the litigation was going
on. We were forced to hire and identify witnesses, the county was, in
that litigation because of all the delays. The Hole Montes report update
was in their possession when they signed the agreement. If there's
going to be anything like has been suggested by Mr. Anderson,
Appendix I should be stricken. Take out the Hole Montes report that's
there because, you know, we have our problems with that, too.
But now they don't have problems with the update, so we forget
that and we leave the other? I think if there's going to be a --
COMMISSIONER SOLIS: Well, we can't, because at the time
that the agreement was signed, that's what the agreement was, right?
MR. ARMSTRONG: You have to have both.
COMMISSIONER SOLIS: It's the four corners of the paper;
that's what was agreed to.
So it seems to me that we're trying to amend something that was
agreed to on the fly here and adding exhibits and things. I mean, I just
don't see how we do that. I mean -- secondly -- and I don't have any
objection to what Commissioner McDaniel was proposing as long as
we have a time period. I mean, if we have a list of engineers, you pick
one, right? That should take, what, three days?
COMMISSIONER McDANIEL: After the takeover.
COMMISSIONER SOLIS: Okay. So what I would suggest --
and I don't know if I'd be making an amendment to your motion or
suggesting one, but what I would suggest is that the utility will agree to
one of our experts within three days, and if that isn't communicated in
January 24, 2017
Page 82
three days, the county picks one. And --
MR. KLATZKOW: Three days from what date, sir?
COMMISSIONER SOLIS: From today. I mean, this isn't
something that we need to research that we need to --
MR. ANDERSON: That's fine; sure.
COMMISSIONER McDANIEL: That's fine. I mean, I was -- I
had set it all up that it be done upon our actual physical takeover of the
utility. But, I mean, if they can pick from one of the 12 in three days,
I'm good with that.
MR. ARMSTRONG: The county also selects -- I mean,
participates in the pick of the engineer.
MR. OCHS: Right.
MR. KLATZKOW: Hold on. No, no. We are already under
contract with people. We've already said that --
CHAIRMAN TAYLOR: Preselected them.
MR. KLATZKOW: We've already preselected these people.
MR. ARMSTRONG: Commissioners, we have looked at these
engineers. Some of them not -- for one reason or another, it's not in the
best interest of the county to have some of these engineers on that list.
That's -- I represent you, and I am informing you now, some of those
engineers are not the engineers that you would want to have; whether
it's because of conflict or whether it's because there's already been an
outreach from --
COMMISSIONER SOLIS: Understood. Then let me make
another suggestion so we don't get bogged down in the weeds here.
Dr. George, within three days, picks three, and Orangetree has
three days to pick one of those -- to agree to one of those three; would
that work?
MR. YILMAZ: Commissioner, with your indulgence, we want to
make sure that I stay with what I heard from County Attorney and
from an operational standpoint and what we have before you in terms
January 24, 2017
Page 83
of overall comprehensive recommendations.
It would be advisable we pick and initiate any work as addendum
being entertained by the governing board to commence after we take
over, not prior to.
MR. KLATZKOW: No, no. That's not what we're saying. What
the Commissioner's saying is you get to pick three people --
COMMISSIONER SOLIS: Right.
MR. KLATZKOW: -- present them to Bruce, and then Bruce
will pick one of them, and that will be the expert.
COMMISSIONER SOLIS: Yeah. We can start this selection
process immediately.
MR. OCHS: But the work itself will not proceed.
COMMISSIONER McDANIEL: Does not commence until we --
THE COURT REPORTER: I need one at a time.
COMMISSIONER SOLIS: I'm just trying to move this along so
--
MR. YILMAZ: Commissioner, with that clarification, we're
good.
MR. KLATZKOW: Just absolute clarity on this, because we're
amending an agreement, all right. Within three days Mr. Yilmaz will
give Mr. Anderson three names.
COMMISSIONER McDANIEL: Off our list.
MR. KLATZKOW: Off our list, okay. Within three days after
that, your client will pick one of those three names. That person or
firm will commence the review within 30 days after we take over the
facility.
MR. OCHS: Correct.
COMMISSIONER FIALA: Okay. Then I'll second your motion.
It sounds like it's coming along pretty good.
COMMISSIONER SOLIS: And --
CHAIRMAN TAYLOR: Wait, wait.
January 24, 2017
Page 84
MR. OCHS: Hold on.
COMMISSIONER SOLIS: I'm sorry.
COMMISSIONER McDANIEL: No, you're not allowed to talk
anymore.
COMMISSIONER SOLIS: I'm sorry. And one last thing --
CHAIRMAN TAYLOR: We're going to repeat the motion.
COMMISSIONER SOLIS: -- is that if the utility does not make
its selection within three days, the county picks one. I want an end
date --
MR. ANDERSON: That's fine.
COMMISSIONER SOLIS: -- so this thing moves forward and
we're not stuck in the same thing we've been doing for 15 years.
MR. ANDERSON: Absolutely. The other end date we need is
when the report will be finished by.
COMMISSIONER McDANIEL: And that's a difficult thing to
ascertain, Bruce, just because of the moving target. And Dr. Yilmaz
hasn't gotten into the facility. I mean, would a six-month period of
time be sufficient for --
CHAIRMAN TAYLOR: Two months, two months.
COMMISSIONER McDANIEL: It's really irrelevant as far as --
because we want to make sure that we do it right. I understand your
request for wanting an end date to keep everybody online. I mean, the
aspect of -- because at the -- where we're going with this is that the
county actually has possession.
So I want to provide, and don't want to have to come back and
amend, a sufficient period of time to allow the third party to -- with the
assistance of our staff, to ascertain the capacities of the pump.
MR. KLATZKOW: How long did it take Hole Montes to come
up with their report, George?
MR. YILMAZ: For the record, George Yilmaz.
MR. KLATZKOW: Ballpark.
January 24, 2017
Page 85
MR. YILMAZ: I'm not sure Hole Montes, but any engineering
firm we have, out of 12, it will be three to six months up to to get their
hands around for using best engineering practices, including other
means and methods that they will have discretion to.
MR. KLATZKOW: So might I suggest six months, but time is
not of the essence because we're dealing with somebody else.
COMMISSIONER SOLIS: We've already gotten the -- it turned
over.
COMMISSIONER McDANIEL: And I don't want to -- and I
don't want to make a commitment for somebody else that we haven't
picked to make sure that we're not doing excessive things on the front
end, so...
CHAIRMAN TAYLOR: Okay. So we have a lot of
conversation right now. I think if we're done asking questions, if we're
clear on this, I would like, with your indulgence, I'd like our County
Attorney to repeat what he believes is the motion on the floor, just
once, without any conversation, and who's ever going to second it, and
we are going to vote.
MR. KLATZKOW: All right. And, Commissioner McDaniel, if
I misstate that, please correct me.
COMMISSIONER McDANIEL: I will.
MR. KLATZKOW: Motion to approve staff's recommendation
with the following change. And, Bruce, as I go through, if you would
agree to this.
One, within three days of today Mr. Yilmaz will provide you
three names of engineers we currently have under contract, correct?
MR. ANDERSON: Yes.
MR. KLATZKOW: Within three days after you receive those
names, your client will pick one of them.
MR. ANDERSON: Yes.
MR. KLATZKOW: If your client fails to pick one of them
January 24, 2017
Page 86
within three days, then Mr. Yilmaz will pick the expert.
MR. ANDERSON: Yes.
MR. KLATZKOW: That expert will do a report as to what the
capacity of the plant is as of the takeover date, correct?
MR. ANDERSON: Yes.
MR. KLATZKOW: That report will commence after the
takeover date, which I believe is, what, March 1st.
COMMISSIONER McDANIEL: March 1st.
MR. ANDERSON: Yes.
MR. KLATZKOW: It is hoped that that expert report will be
available within six months, but since we do not control the expert,
time is not of the essence; is that correct?
MR. ANDERSON: I wouldn't say time is not of the essence.
MR. KLATZKOW: If it's not there in six months, what are you
going to do?
COMMISSIONER McDANIEL: Ask for an extension.
MR. KLATZKOW: I mean, do you want to come back to the
Board for an extension or --
COMMISSIONER McDANIEL: March 1st is when the -- I'm
sorry.
MR. ANDERSON: Yeah, March 1st is the date from which the
capacity determination would be made.
COMMISSIONER McDANIEL: Begin.
MR. ANDERSON: Yes, yes. Just one -- we're talking three
business days, correct?
MR. KLATZKOW: Yes.
CHAIRMAN TAYLOR: That's correct.
MR. ANDERSON: The determination of excess capacity will be
as of the day you-all take over operations, which is presently scheduled
to be March 1.
MR. KLATZKOW: Yes. And the report will be in, we hope,
January 24, 2017
Page 87
within six months, but time is not of the essence; is that agreed?
MR. ANDERSON: Yes, but, you know, telling a lawyer or an
engineer --
MR. KLATZKOW: But I can't help --
MR. ANDERSON: -- time is not of the essence --
MR. KLATZKOW: -- it if your client doesn't provide him with
the documents, now, can I?
COMMISSIONER McDANIEL: To keep these two from
arguing about this --
CHAIRMAN TAYLOR: Commissioner Solis has a comment.
COMMISSIONER SOLIS: Well, I have one more issue, I'm
sorry, because this is a complex transaction.
CHAIRMAN TAYLOR: No. This is important. This is what
we're doing. We're working this out so it's clear on the record. And if
we have to spend until 3 o'clock this afternoon doing it, we are going
to do this.
COMMISSIONER SOLIS: Good. This is maybe the most
important question, because we're doing this last analysis of the
capacity for what purpose? We're trying to figure out if there is excess
capacity or if there isn't excess capacity. Because if there isn't excess
capacity, then these free hookups are going to require some investment
by the county to create more capacity.
MR. KLATZKOW: If there isn't excess capacity, his client's get
no credits.
MR. ANDERSON: That's correct.
COMMISSIONER SOLIS: His clients get no credits?
MR. KLATZKOW: Nothing.
COMMISSIONER SOLIS: Okay.
MR. KLATZKOW: That's what we're talking about. How many
credits do they get, which is dependent upon the excess capacity, if
any.
January 24, 2017
Page 88
COMMISSIONER SOLIS: We're talking about credits, not the
funds that have been collected that would supposedly reflect some
excess capacity that there is there?
MR. KLATZKOW: Right.
MR. OCHS: Right.
COMMISSIONER McDANIEL: Or not.
MR. OCHS: Well, Brian?
MR. ARMSTRONG: Yeah. We're not talking about the $2
million in prepaid cash that they have in their hands right now.
COMMISSIONER SOLIS: Okay.
MR. ARMSTRONG: That we have agreed in our settlement to
let them keep. It should be invested in the plant, and it hasn't been, but
they can keep it.
What we're talking about is just going forward. When we -- at
integration date, the capacity of the plant, or the system, the whole
system, will be determined, how much is being used and how much is
being committed will be determined using, as Dr. Yilmaz said, using
engineering standards and practices. And then if there's excess, you
would determine how many free connections would be available to
Orangetree Associates.
COMMISSIONER SOLIS: Right. And if there is no excess
capacity, there's no free connections.
MR. KLATZKOW: That's correct.
COMMISSIONER McDANIEL: Correct.
MR. KLATZKOW: Now, just one last item; that whatever
number is agreed upon, expert gives, both parties agree to abide by it.
CHAIRMAN TAYLOR: We are.
COMMISSIONER SOLIS: Yep.
MR. ANDERSON: Yep.
COMMISSIONER SOLIS: That's what we're doing. I mean, so,
in essence, we're limiting our -- the county's exposure by doing this for
January 24, 2017
Page 89
these free connections that there may not be capacity for.
MR. KLATZKOW: That's right. It's our belief there is no
capacity. It's Orangetree's belief that there is capacity. This expert will
tell us whether or not there is capacity.
COMMISSIONER SOLIS: And this issue is addressed in the
settlement agreement?
MR. KLATZKOW: It is, but the methodology that's been utilized
has been, well, challenged, I guess.
COMMISSIONER SOLIS: Right. But we're resolving that with
the expert.
Yes, that's correct.
MR. ARMSTRONG: Your motion will resolve that. Your
motion will resolve that. It will tell us what to do.
COMMISSIONER SOLIS: Okay. I just wanted to make sure on
the record that the motion resolves that issue. Okay.
CHAIRMAN TAYLOR: Okay. So for -- at the risk of --
COMMISSIONER McDANIEL: All the lawyers in the room are
shaking their head in the affirmative.
CHAIRMAN TAYLOR: So at the risk of being repetitive,
County Attorney, would you please repeat again, and would you please
agree? And have we solved the issue of time is of no essence? Have
we resolved that?
COMMISSIONER McDANIEL: Yes.
MR. KLATZKOW: Yes.
CHAIRMAN TAYLOR: Okay.
MR. KLATZKOW: To repeat it, it would be that -- the motion
would be to approve the executive summary as recommended by staff
with the following exceptions: One, within three business days of
today, Mr. Yilmaz will provide Mr. Anderson with three names off of
the county-approved contracts, correct?
MR. ANDERSON: Yes.
January 24, 2017
Page 90
MR. KLATZKOW: That within three business days after
receiving those names, your client will pick one of them.
MR. ANDERSON: That's correct.
MR. KLATZKOW: That if your client fails to pick one of them,
Mr. Yilmaz will pick the expert.
MR. ANDERSON: That's correct.
MR. KLATZKOW: Okay. That that expert's task will be to
ascertain what capacity there is in this plant as of the date of the
takeover which is, at this point in time, scheduled for March 1st.
MR. ANDERSON: Yes.
MR. KLATZKOW: Okay. That expert will prepare a report
hopefully within six months thereafter.
MR. ANDERSON: Yes. And we do hope that -- for a change,
that whichever engineering firm is retained, that they will
communicate with my client and their engineer.
MR. KLATZKOW: Yes. It's mutually -- yes.
And lastly, both parties agree to be bound by the determination of
this third-party expert.
MR. ANDERSON: Yes.
MR. OCHS: Who's paying?
MR. KLATZKOW: Payment to be split in half.
MR. ANDERSON: Yes.
CHAIRMAN TAYLOR: Is that your motion, sir?
COMMISSIONER McDANIEL: Pretty dang close.
CHAIRMAN TAYLOR: Let that be on the record. Do we have a
second to that motion?
COMMISSIONER FIALA: Yes, I seconded.
MR. OCHS: Madam Chair?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: Don't change it.
MR. OCHS: Are we accepting these additional agreements into
January 24, 2017
Page 91
the agreement as part of this, these exhibits that were presented this
morning for the record?
MR. ARMSTRONG: Yes.
MR. ANDERSON: The only one that needs to be added is
Orange Blossom Ranch. The others have either expired or they've
been concluded. They're the older ones.
MR. ARMSTRONG: Yeah. We received a complete copy now
of the Orange Blossom developer agreement, and we would agree that
that would be something that can be added to Appendix G, and that
would be the only change. By this motion, as I understand it, the chair
can sign the integration and all those other documents we provided to
you.
CHAIRMAN TAYLOR: All right. Do we need to amend the
motion to reference --
MR. KLATZKOW: No, because that's already in the executive
summary.
CHAIRMAN TAYLOR: All right. Let's do it.
MR. ANDERSON: May I ask one question?
COMMISSIONER McDANIEL: Bruce?
MR. ANDERSON: If the HOA, for some reason, does not sign
the bulk irrigation agreement, will the county still proceed to closing?
MR. KLATZKOW: George, yes or no?
COMMISSIONER McDANIEL: Yes.
MR. YILMAZ: Can you repeat the question, sir?
MR. ANDERSON: If the bulk irrigation agreement, which my
client has signed -- it's a three-party agreement. If the homeowners
association that is the third party to the agreement, if they do not sign
it, will the county proceed to closing without it?
MR. YILMAZ: Yes.
MR. ANDERSON: Thank you.
COMMISSIONER McDANIEL: Call the question.
January 24, 2017
Page 92
CHAIRMAN TAYLOR: All right.
COMMISSIONER SOLIS: Did the County Manager have
anything he'd like to add?
MR. OCHS: There's a lot I'd like to add, but I'll let it slide.
COMMISSIONER McDANIEL: And thank you for not adding
it.
CHAIRMAN TAYLOR: We have a motion on the floor and a
second. All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: (Abstains.)
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRWOMAN FIALA: Thank you. Let this be the end.
COMMISSIONER McDANIEL: Can I make one slight
comment that's happy?
CHAIRMAN TAYLOR: A happy comment?
COMMISSIONER McDANIEL: It is a happy comment.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: There was an email that was
disseminated by the utility yesterday. I know we all got copies of it.
Our County Manager put it out.
But I just wanted to let the folks know that care about the Publix
organization that's going on out there, FDEP approved the clearance
for water 1/16, they approved the clearance for sewer on 1/18, they
water meters and backflows were set at the project on 1/18, tie-in for
water main was set for today at 10 o'clock, and I think that happened.
Yay.
(Applause.)
January 24, 2017
Page 93
COMMISSIONER McDANIEL: Legal and engineering
package, as set, for 1/25; the contractor's estimate for the flushing of
the fire system should occur no less than 1/26, which is coming up
here in a couple of days as well. And once they pass their fire
inspection, they'll be able to turn on their walk-in coolers, get that
inspection.
I believe the developer's working on the balance of their SDP.
There were some minor adjustments to the Site Development Plan that
required an as-built to be approved on by our staff.
So this Publix project is going forward whether or not we came to
a consensus today, but I wanted to let the folks know that maybe
weren't privy to that information that we can see Publix operational
soon. How about that?
(Applause.)
CHAIRMAN TAYLOR: All right. Commissioners, we have a
choice. Our County Manager indicated that there's not much left on
the agenda. We can work through our traditional lunch period and be
done early, or we can take a break. What's your pleasure?
COMMISSIONER McDANIEL: Well, Commissioner Saunders
had a break. He's not allowed to have a vote here.
CHAIRMAN TAYLOR: He's back.
COMMISSIONER SAUNDERS: I almost always prefer
working through and getting it over with.
CHAIRMAN TAYLOR: Getting it over with. Okay.
Sir?
COMMISSIONER SOLIS: I'll work through; that's fine.
COMMISSIONER McDANIEL: How's our -- are you good?
COMMISSIONER FIALA: But she'll need another break.
CHAIRMAN TAYLOR: She needs a brownie.
COMMISSIONER FIALA: At least to give her 10 minutes.
Because she has to take a break every hour and a half.
January 24, 2017
Page 94
CHAIRMAN TAYLOR: Do you need a break right now?
COMMISSIONER McDANIEL: Yes.
CHAIRMAN TAYLOR: All right. All right. Let's take a
15-minute break.
MR. OCHS: Hold on, hold on. How much of a break do you
need?
THE COURT REPORTER: Ten minutes is fine.
CHAIRMAN TAYLOR: Ten minutes is good. All right. I won't
mess that up next time.
COMMISSIONER McDANIEL: Specify a time when we're
going to come back.
MR. OCHS: 12:10.
CHAIRMAN TAYLOR: Ten minutes. So that's 12:11. I
repeated that.
COMMISSIONER McDANIEL: 12:11, County Manager.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, please take your seats.
Madam Chair, you have a live mike.
CHAIRMAN TAYLOR: Thank you very much.
MR. OCHS: We're on to Item -- we're on to Item 11A. This is a
recommendation to award a --
MR. KLATZKOW: 11A or 9C?
Item #11A
AWARD BID NUMBER 16-6694, “HERITAGE BAY MASTER
PUMP STATION,” TO DOUGLAS N. HIGGINS, INC., IN THE
AMOUNT OF $1,681,760 UNDER MASTER PUMP STATION
TECHNICAL SUPPORT PROJECT NUMBER 70050 –
APPROVED
January 24, 2017
Page 95
MR. OCHS: I'm on 11A right now, sir.
This is a recommendation to award a contract to Douglas Higgins
in the amount of 1,681,760 thousand (sic) dollars for the construction
of the Heritage Bay Master Pump Station. This is a sealed low bid.
We had seven or eight good bids, competitive bids.
Dr. Yilmaz can give the Board a presentation or respond to
questions.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN TAYLOR: Second.
COMMISSIONER McDANIEL: Second -- third.
CHAIRMAN TAYLOR: Motion on the floor to approve with a
second. All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
COMMISSIONER FIALA: Good --
CHAIRMAN TAYLOR: Thank you very much.
COMMISSIONER FIALA: -- good presentation, George.
MR. OCHS: Thank you, Commissioners.
COMMISSIONER McDANIEL: Dr. Yilmaz, you're amazing.
MR. OCHS: He is amazing.
Item #11B
STAFF’S REPORT ON WILDFIRE MITIGATION IN THE
RURAL RESIDENTIAL AREAS OF EASTERN COLLIER
COUNTY AND PROVIDE FURTHER GUIDANCE AS NEEDED –
January 24, 2017
Page 96
PRESENTED AND DISCUSSED
MR. OCHS: This next item is 11B. This is a recommendation to
accept the staff report on wildfire mitigation in the rural residential
areas of eastern Collier and provide guidance to the staff.
Dan Summers, your Division Director for the Bureau of
Emergency Services, will make a brief presentation.
MR. SUMMERS: Commissioners, good afternoon. Dan
Summers, Director of your Bureau of Emergency Services and
Emergency Management. And I'd like to offer my welcome to the new
commissioners as well; look forward to working with you.
We do have a saying here to be brief, be brilliant, and be gone.
I'll work hard to be brief, and if I'm a little bit brilliant it's because of
the team member approach that we've had in this discussion today and,
not to make a poor -- any worse of an introduction, but I won't be gone
until rainy season. We'll see how this floats with you in terms of
wildfire mitigation.
Back in November Commissioner Nance did bring the Board -- to
the Board some serious concerns about wildfire activities. And as you
know, that is not a stranger to the response community in Collier
County.
And his direction and the Board's direction at that time was for
me to bring you back a brief -- a brief presentation on kind of where
we are in some of his concerns and recommendations that he had.
Obviously, we wanted to address the rural sections of Collier
County in our report. And one of the concepts -- and let me put some
clarity to this discussion. He brought up the idea of possibly
replicating what Lee County has as an all-hazards MSTU unit. And
Lee County has had that since Hurricane Andrew. And what that
provided was just a strategy for what I would call a rainy-day fund or a
multi-hazard rainy-day fund, and certainly another strategy would be if
January 24, 2017
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you want to do something in the MSBU opportunity.
But, again, I just wanted to make sure that I brought a little bit of
staff clarity to Commissioner Nance's discussion in MSTU or MSBU
for wildfire mitigation or all-hazard mitigation.
I wanted to make sure that we talked a little bit about looking at
what infrastructure resources were available for raw or potable water
during firefighting. I wanted to make sure that I conveyed to you what
was going on in terms of community education and communication.
So I wanted to give you a quick background on the wildfire
threat, talk to you in -- I really wanted to tell you there's a good --
there's good news here. There's good news in what our forestry
partners do, our fire districts do, emergency management does, what
our Growth Management Plan provides for in wildfire management.
So there is a lot of good things going on here. And, again, it's
hard to gauge the threat until we actually have the event. But I think
Collier County is well ahead of the curve in wildfire mitigation in
general. So I want to make sure you understand what's working well
and certainly get some staff recommendations.
Wildfire is our single -- Number 2 hazardous threat, natural
hazardous threat in Collier County. Our fire districts respond to
roughly 130 brush or wildfire calls for service annually, and that can
vary. We've been very fortunate the last four or five years with
relatively damp springs, but we still incur about 2,800 acres on
average. And, again, truly can vary by wet or dry years.
FEMA Wildfire Declaration, which is much different than a
hurricane disaster declaration, let me remind you of that. We've had
seven occasions in Collier County since 1999 where we did receive or
met some thresholds for FEMA reimbursement, and 91 percent of our
population -- this is pretty interesting in my opinion -- resides in the
wildfire urban interface, and I'll describe that threat for you here in just
a little bit.
January 24, 2017
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Three hundred ninety-two thousand acres, and basically just think
of the wildfire urban interface as that location where the woods are
within 30 feet of a home and, as you know, that's probably a prevalent
design concept out in the Estates with existing construction.
Statutorily, our great partners at Forestry -- and I'm happy to brag
on them because they are an emergency manager's right arm in times
of disaster, regardless of the hazard. But Collier County statutorily
pays $27,000 a year to the Florida Forestry for their services. So there
is a fraction of a penny per acre there that they receive from us and
then, of course, their balance comes from other state funds.
And I've never -- I always am so impressed with that
organization. They do so much with so little. So -- and their
representatives are here today if you have any questions.
Our busiest months, of course, February, April, May, and June,
and wildfire mitigation is extremely cost effective. That's another
thing, where we're talking about firebreaks and we're talking about
defensible zones, not only is that cost effective but can make a
difference in a responder putting -- avoidance of putting a responder in
harm's way.
Wildfire mitigation is not new to Collier County, but what is new,
certainly, is more residential development, several years of mild
conditions, tighter budgets for forestry and fire service, and the
anticipation of a drier spring, and accumulated fire load on the forest
floor.
Now, we haven't -- knock on wood, we haven't had any hard
freezes, but if you have a hard freeze, that certainly pulls the moisture
out of the fuels on the floor and enhances our potential.
This map is a little small for you to see, and I can bring it up on a
bigger zoom later. But this is a heat map. And what you -- Greater
Naples and Collier County Sheriff's Office pull data together in what
we call a kernel or a heat map. And as you see those intense areas, the
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closer to the red and the orange, you'll see that is our higher frequency
of wildfire events since 2014.
So you have the pockets in the north blocks, you certainly have
activity in the south blocks, interesting enough, smaller wildfire events
as well in the Bayshore area, and certainly some activity in Immokalee.
And I can -- I'll come back and blow that up if you'd like.
What I want to also express to you again is the good news and the
success. Firebreaks, whether they're plowed or whether they're
chopped at identified locations with property owner cooperation helps
slow a running fire. And our Forestry folks are quite capable of those
lines, but, again, we have an awful lot of real estate in Collier County.
They've been working hand in hand with the fire districts to try to find
those areas of greatest magnitude and do the cutting that they can for
the fire lines.
They've also worked on prescribed burning but, again, Mother
Nature is really in command and control of when you can do a
prescribed burn. But our Forestry folks here are quite astute at
prescribed burning.
And, finally, there's an ongoing mitigation planning effort.
Samantha Quinn on the Forestry staff, working with our staff, we both
have mitigation plans for all hazards and sort of a wildfire mitigation
seasonal plan that Samantha works on with the residents and with the
districts and with their Forestry folks in order to try to lay out some
methodology for those high-hazard areas.
There's still more good news. We want to thank our Public
Utilities Division; they, as well as the City of Naples. They have
worked with us to help us find some water points where we can take
some raw water from some of those well locations and use those for
fire suppression.
The public outreach has been very good by the fire districts as
well as the Division of Forestry talking to folks like in the Golden Gate
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Estates Civic Association and others.
Our Code Enforcement, coincidentally, has another neighborhood
cleanup day scheduled for January the 28th and, again, that allows
residents to bring some debris -- pardon me -- to help mitigate some of
the debris on their property that might contribute to a fire hazard.
Our GIS mapping, we continue to work better with better GIS
resources, both internal to the county, Emergency Management,
Forestry, and the fire service, and our mutual aid response is very
strong. Our interworking relationship with Lee County and those
agencies, whether they call us for help or we call them for help, is in
very good shape.
And several years ago we retooled the burning ban, and the
burning ban allows us to basically activate that on short notice, and we
come back to you for a retroactive approval so we don't have to wait
for the next board meeting to implement a burning ban, and that's very
standard in the region with the county. So we've got some -- again,
we're in good shape with some tools.
We have a comprehensive emergency management plan as well
as the independent fire districts having the tactical, and authority
having jurisdiction for structural protection. So all of these documents
and all of these activities are in good condition.
We also have a -- this is always done with support agency
engagement. Sheriff, 911, Emergency Management, EMS, Red Cross,
mutual aid agreements. So there is a mechanism. We have worked
well together. We have also integrated -- we have planning meetings
every year. We have a wildfire roundup. We make sure we know the
partners. We know the agency's capability and limitations, and we
spool up for this every year.
Our Forestry folks have the statutory levels of funding, and the
Hawkins Bill also allows them to work with a property owner for
entry. They have a few extra provisions that we wouldn't normally
January 24, 2017
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have for right of entry for wildfire management and mitigation.
So just to refresh your memory on what are the tools and the
resources, the Fire Wise Program is a nationally-recognized somewhat
trademarked program. It is a promotional program to make
communities fire wise and make sure that residents have a defensible
zone around their home.
We have our local mitigation strategy working group that meets
quarterly. And, again, there are projects or resources when grant funds
become available. We've already vetted a project for FEMA funding if
it becomes available.
Forestry working on their protection plan, the water points that
we've already identified, working both with the city and the county
and, of course, the prescribed burn.
The Fire Wise Program, I won't get into great detail about that
today, but there are plenty of resources on the Internet, and it's really
what the Forestry folks and the fire departments use to tell residents
this is what you need to do to become fire wise in order to help
mitigate fire damages around your property.
Forestry, again, in the fire districts using the Fire Wise Program
for public education and public awareness, and we have already
engaged -- Troy is running videos on Collier TV now about wildfire
mitigation. We use our social media resources, and we're also very
active in the community with speaking engagements, and we talk
about wildfire preparedness as well as our all-hazards magazine that's
distributed to talk about wildfire preparedness.
We've continued to have drills and exercises. We do train
together. You know, you're only going to perform as well as you
practice together. And I'm quite proud of that relationship with
Forestry Fire, Emergency Management, Emergency Medical, Red
Cross, and others. So we have practiced together and drilled together.
And, of course, we remind the public to be aggressive in reporting. So
January 24, 2017
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part of that "see something, say something," not only occurs if you see
something on the criminal aspect, but if you see something on the fire
aspect as well.
So what else is working well? Alert and notification systems.
And this is kind of an eye chart, but we very much have the ability to
alert the public, and that continues to get better. We have our NOAA
Weather Radio, which we put a lot of stock in that. We want residents
to have that NOAA weather radio. If you had one, night before last
you probably got awakened three times. But Emergency Management
can also active NOAA Weather Radio for emergency situations.
Our clients with special needs, those frail and elderly, we have a
Robo Call System for them. The law enforcement has a code red
notification system. The integrated public alert and warning system
called IPAWS, that's part of that government alerting feature on your
cell phone. That technology is getting stronger every month. And our
office will be having the capability later this fall to do local
notifications with IPAWS if it becomes necessary.
Our websites. And last, but not least, one of the things that does
occur in a wildfire event, believe it or not, is there are resources to do
door-to-door notification because the density is not quite so much. So
we can get a car, a deputy, or fire apparatus to go door to door if
necessary, if we have a fast-breaking wildfire event.
So what continues to work well, but what might we add, Forestry
and fire districts tactical efforts to cut and maintain breaks. And I want
to address maintenance. Forestry, again, these folks do an awful lot
with very little. So they get the breaks cut, but it's also certainly
another thing to maintain those breaks as vegetation grows back.
Roughly 68 miles of firebreaks have been done with Forestry, and
they are also working cooperatively, in some cases have gotten some
resources from the fire district, maybe as additional fuel or minor
maintenance to keep that equipment up and running.
January 24, 2017
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Our public utilities division and district schools have provided
filling locations for suppression, firefighting suppression, but some of
those supplies are limited, and access is limited.
I also want to stress, folks ask, why are you not drafting from
canals. Canals are typically not good locations with the debris or the
trash in the water that can do damage to pumps. And the soils adjacent
to the canal are usually not strong enough or stable for heavy fire
apparatus.
Other good work being done, as I mentioned, the public education
and the fire districts are contemplating some door-to-door site visits as
we get into wildfire season. If they see some high-hazard areas, to
knock on the door of the residences and offer any technical assistance
that might be needed for building a defensible zone around their home.
And, again, our social media continues to be effective.
So first thing, what do I think we could improve on just a little
bit? I think legislative requests. Our team and our Caloosahatchee
Forestry team is superb in mitigation efforts and prescribed burning,
but they only have so many folks on their team and so many hours in a
day.
So I think legislative support is a good way to go. Now, we know
that doesn't turn funds quickly, but anything that we can do to give
them more mitigation and suppression and air operations resources, the
quicker we can get after wildfire.
You might want to take another visit at the Lee County
all-hazards MSTU as another alternative. I'll give you the case study.
Last year or two years ago Lee County bought some equipment for
Forestry to go in and cut breaks, and they used reserve funds or their
all-hazards fund to make that equipment purchase available and then, I
believe, Forestry provided the manpower and maintenance.
Continue to heighten awareness, and I just want to call this as
awareness. When we find water points as a result of wells from the
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city or the county, they have made accommodations to allow our
apparatus to hook up to that, but we know those wells just don't -- you
know, those are quite project intensive. And they've been great. When
we have found a location where we could get a vehicle or an apparatus
next to a point where we could draw water, they have done that, but we
always want to keep that visible in case there's new piping or new
construction being done.
You ask a little bit about some options related to funding
strategies here, and one project, if there was additional equipment
bought for Forestry, it's about 500,000 for this chopping equipment,
and that is -- we like that because that's less environmental impact with
the chopping equipment, manpower, and fuel to keep that running, as
illustrated there.
The calculations: Commissioner Nance said, well, how much
money is in the urban interface? So if you took a dollar per acre, that
was roughly 392,000 acres; 50 cents per acre, $196,000; and .25 per
acre at 98,000. So if you were to look at some supplemental funding
strategies, there's the number.
That's a little bit about what that equipment looks like in terms of
chopping that break. There are different sizes, and they're different
sections of Collier County where this equipment will work and it will
not due to vegetation changes up and down.
So in summary, legislative resources we think is a way to go to
have our -- have that at the state level. That certainly makes
procurement and operations a little easier for the district staff. We will
continue to support wildfire prevention and education promotion
activities under the Fire Wise concept.
There are three or four good, solid conditions in our growth
management -- in our Land Development Code at GMD for Fire Wise
strategies mitigation, but they are in separate locations in the code, and
that's certainly something we could look at if there's some code issues
January 24, 2017
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that we want to address.
But let me remind you that in most cases our issue with the urban
interface is existing construction, not new construction. As we get into
the developments, we normally have good access, and clear cutting is
normally done. So I would say the bulk of our concern is in existing
construction.
And some local strategies if you want to do that to provide some
additional funding or hardware at the local level for Forestry to cut
new breaks and to maintain.
The agency partners are here if you have any questions, and I'm
certainly available to receive what questions you have. But, again, this
is -- doesn't mean we won't have a serious season, but I will tell you
that I think operational conditions are very good. Team work is in
place. Can we always -- we can always do more with a little more
equipment or a little more resources, but the system and the cogs, if
you will, in this -- in these gears are working quite well.
So let me stop and see what questions you have.
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: One quick -- I have two. The first
one is, where is the community cleanup taking place on the 28th?
MR. SUMMERS: I believe that's going to be -- that's a Golden
Gate event on the 28th, yes, ma'am, and we'll get that information back
out through Code Enforcement and make sure that's advertised. But I
believe it is posted for Golden Gate on the 28th.
COMMISSIONER FIALA: That's good. Okay.
The second thing is, you talked about prescribed burns, and I just
received something via email yesterday from Rookery Bay, and they're
going to have some prescribed burns, and they were talking about, I
guess, once a week and they're going to have this, but how many
people actually see that? Is there a way that we could better utilize
either social media or the Naples Daily News with a section on the
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front page once a week or something to tell people where the
prescribed burns are, and the reason being, that there are some people
who have some type of asthma or breathing problems, and they need to
get inside to keep their house closed up.
Other -- I had a friend who lived on Bayshore, and when they
were doing a prescribed burn over here at a new development, he had
to be hospitalized because it affected him so badly. So it would be
good if we could -- if we could disseminate that information so
everybody would know they're coming.
MR. SUMMERS: We'll be more than happy to -- and, again, you
do have some other entities other than our Forestry folks who are
engaged in prescribed burning that may or may not be following the
same thresholds. But we will reach out to them and try to find ways to
echo that message.
COMMISSIONER FIALA: Sure.
MR. SUMMERS: And Forestry is very --
COMMISSIONER FIALA: We have Picayune, Big Cypress.
There are so many places.
MR. SUMMERS: Yes, ma'am. We will work with them and try
to find means to echo that message. Thank you.
COMMISSIONER FIALA: Thank you.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: And on that note,
Commissioner Fiala, I have been on the website for District 5 that I've
turned into the informational process. I do post up the notices for the
controlled burns. I know Conservancy Collier sent me a couple of
notices and that there were some that were going on down in the
Picayune. And I am posting those things up just as an information
source, just as an opportunity to get to the people.
COMMISSIONER FIALA: Everything is great, but, you know,
people have to know where to look. That's why I'm trying to make it
January 24, 2017
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right in front of their face, you know --
COMMISSIONER McDANIEL: Sure.
COMMISSIONER FIALA: -- like the front page of the
newspaper.
MR. SUMMERS: We welcome that opportunity.
COMMISSIONER FIALA: And our government channel, too.
MR. SUMMERS: Yes, ma'am.
COMMISSIONER McDANIEL: Yes. They are doing that.
Now, the one question I had, there was some discussion quite
some time ago about fire hydrant installation on the mains that are
coming up along the Golden Gate Canal. Has that been explored any
further?
MR. SUMMERS: And I think what we refer that to is the dry
hydrant where it really is a pump, just a pipe where water can be
siphoned from the canal.
COMMISSIONER McDANIEL: Right. No, no. I'm talking
about on the water mains that are coming along the canal, not a dry
hydrant. I have voluntarily installed dry hydrants in our mining
projects throughout the community over the years and had special key
access for our fire departments to be able to get in and pump water
from our ponds. But I'm talking about on the actual -- on the actual
water mains.
MR. SUMMERS: Let me defer to Chief Cunningham and see if
he has a specific recollection on those hydrants. I do not. I know
where our water points are from some of our wells.
COMMISSIONER McDANIEL: It comes out from 2005, 2006
on the East of the 951 Horizon Study. We brought that up. It was
brought up by the community as a suggested methodology just to assist
to provide more water sources out there. Because we know you have
an issue in pumping out of the canals from the debris standpoint.
MR. SUMMERS: Let me check with the chief. Chief
January 24, 2017
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Cunningham?
CHIEF CUNNINGHAM: Good afternoon, Commissioners. To
answer your question, Mr. -- or Commissioner McDaniel -- James
Cunningham, for the record, Chief, North Collier Fire Control and
Rescue District.
There are several water points throughout the Golden Gate
Boulevard extension up into Everglades Boulevard that have locations
that a hydrant can be tapped into. In order to facilitate the request, we
have to contact the county utility division. They will send a water
representative out, they provide a hydrant there, and that is when we're
able to connect to that water line. It is not a static source available at a
moment's notice.
COMMISSIONER McDANIEL: If I can help you with that
process, please let me know.
CHIEF CUNNINGHAM: Thank you.
COMMISSIONER McDANIEL: Okay. And I have one other
question, please, and it's just a point of reference.
Are you suggesting that we consider an MSTU with regard to this
to assist with additional funding for the state?
MR. SUMMERS: Well, sir, it was one of the recommendations
brought forth by Commissioner Nance. And, again, there are two
components there. Whether you did something as an MSBU just for
the urban area or for the wild land area or whether you looked at
something as an all-hazard environment like the Lee County MSTU is
set up. So those are available to you as a -- I can only share that as a
strategy.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN TAYLOR: Thank you. I think we -- once again, I
think we need to look at that. And I'm suggesting that I know where
everyone's going, but it seems to me you need to be funded. And fires
-- the early settlers -- I learned this in the City of Miami's historic
January 24, 2017
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museum. They weren't afraid of snakes or alligators. Their greatest
fear was fire. And we have a lot of folks living out into the east, and I
know --
COMMISSIONER McDANIEL: Sure do.
CHAIRMAN TAYLOR: -- Commissioner Nance was very
concerned about it.
So I think we need to explore this. I know County Manager's
saying, oh, my goodness, no, no, no, but, you know, we need --
COMMISSIONER FIALA: No, he isn't.
COMMISSIONER McDANIEL: No, he's not. He's all happy.
MR. OCHS: I'm fine with it.
CHAIRMAN TAYLOR: I'm not so sure.
MR. OCHS: Well, let me suggest that when we come back in a
couple weeks to talk about budget guidance that --
CHAIRMAN TAYLOR: Good.
MR. OCHS: -- we include a few sentences about this, and we can
get some guidance from the Board during the budget hearings.
CHAIRMAN TAYLOR: And maybe we know what -- we know
what the fund would have -- help with fires and the equipment needed,
but when you talk about all hazard, I think we need to be very specific
about why folks in the City of Naples would be interested in an
all-hazard MSTU, because I think we're talking about a countywide
MSTU or --
MR. OCHS: Well, as Dan said, there's two options.
CHAIRMAN TAYLOR: Yeah.
MR. OCHS: You can focus with some kind of assessment on
acreage for just the group that's affected by wildfire mitigation, or you
can look at a countywide MSTU that would include funding for all
types of hazards that we'd have to do.
CHAIRMAN TAYLOR: Maybe in the meantime we could get
some information sent to us about what Lee County's doing --
January 24, 2017
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MR. OCHS: Sure.
CHAIRMAN TAYLOR: -- the parameters of that. That would be
helpful background.
MR. SUMMERS: We have looked at that. I know that they have
on their horizon to update and refresh that ordinance. It's actually a
Hurricane Andrew dated ordinance. But they have used it, and they
have collected some funds; Forestry, some equipment, or addressed in
some cases where they had a severe thunderstorm and had some
drainage issues on an emergency basis. They used it for that as well
as, in some cases, FEMA mitigation match money. So it was a pot --
I'll just call it a rainy-day fund that was relatively flexible that the
Board approved --
CHAIRMAN TAYLOR: Okay.
MR. SUMMERS: -- or approved projects on. Very good.
CHAIRMAN TAYLOR: All right. Is that the will of the
Commission? I don't want to speak out of turn here. If you're agreeing
to explore it, not to necessarily vote on it, Commissioner McDaniel,
but if you're agreeing to --
COMMISSIONER McDANIEL: I'd be happy to explore and
have further discussion.
CHAIRMAN TAYLOR: Okay. Thank you. Thank you very
much.
MR. SUMMERS: Thank you.
MR. MILLER: Madam Chair, I do have two registered speakers
on this item.
CHAIRMAN TAYLOR: Oh, I'm sorry. I didn't ask. Forgive
me.
MR. MILLER: Ramon Chao will be followed by James
Cunningham.
MR. CHAO: Good day and God bless. Good to see everybody
up. Ramon Chao, resident. No longer a fire commissioner with North
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Collier.
My biggest concern is if we're going to be running into the MSTU
is it's going to be another tax that's going to be on the county.
I am 100 percent behind Forestry. As a fire commissioner, I did
everything we could with them, and I stand behind them 100 percent.
My fear is that they're using -- that fire is being used for fear. In
the 25 years that I have lived in Collier County, there has been not one
permitted house burn out in Corkscrew, not one; 25 years.
If you look at the map, you'll see the hot zones. When you get a
bigger picture of it, those maps are showing in the greater Naples area.
I bring that up because as a commission we were browbeaten multiple
times because they say we are taxing too much. Our fire department
has defended our area. They've prepared, they have the tools. They
have the equipment, and they have done the job that the fire
department is to do.
So I would say, have Greater Naples go tax their people. Don't
tax me or my part of the county who's been paying the correct tax,
apparently, to have the service that we need.
I believe it's an educational issue that the PE -- PIOs (sic) and
public education officers can take care of for the fire departments
reference education. I don't believe that we need to raise a fund.
The state has a fund that they had billions upon billions of money
stored up that they didn't know what to do with for the hurricane funds.
That's for all hazards, as we're looking at all hazards. When the fires
have turned out there, seven times we've had them, and we've gotten
repaid by it. So it again -- I don't see where we need to be taxed again
for another fire, for another -- for something that we already are paying
for.
And the tax by acreage, I don't agree with that specifically
because I don't have any kids, but I pay for school tax. I think when
you stop -- and I'm 100 percent for paying for education for the kids.
January 24, 2017
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I think it has to be equal. As Commissioner Fiala was saying, if
I've got a fire going out at Corkscrew and the smoke comes over and
bothers her in town, it's part of it.
So I just want -- against the MSTU. I'm 100 percent against it. I
will stand against it. This is a fire department issue that they need to
handle. Can we help Forestry? A hundred percent, I don't have any
problems with that.
Thank you very much for your time. God bless.
MR. MILLER: Your final speaker on this item is James
Cunningham.
CHIEF CUNNINGHAM: Once again, good afternoon,
Commissioners. James Cunningham, Fire Chief, North Collier Fire
Control and Rescue District.
We do stand in support of three of the four suggested
recommendations by your staff. Obviously the Option 1, to enhance
our static water supplies, as Commissioner McDaniel has spoken to.
Working with the county utilities and water as well as the City of
Naples water utilities that is in the northern quarter up Everglades
Boulevard.
If we find just a few strategic locations throughout the blocks that
provide us a fill site for our water tenders, that would be much further
ahead from where we are today. So that is one area I would ask that
we do further explore.
Secondly, working with our state legislature and all the
representatives and senators there, I think we can better assist Forestry
in getting better funding, especially to the Southwest Florida region,
which is No. 4 in the state of the greatest risk of damage and
challenges for directly related to wildfire, and so we need to work with
our state representatives to get them more funding through that
mechanism.
And, obviously, we cannot be more appreciative, from North
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Collier's standpoint, with what we have been able to accomplish, not
only with your staff but, obviously, with Director Summers and
Emergency Management. We work very well together, not only
during times of crisis such as an emergency, but Mr. Summers has
been part of the meetings that we've been doing with wildfire
mitigation and the planning. The comprehensive wildfire plan that
Forestry has in place is an excellent plan.
Our job as the fire districts are to support Forestry, as they are the
primary provider of forest service for the state. And through the joint
efforts, one thing we identified several months ago was they have the
rollout chopper, they had the tractor and the people. Unfortunately,
their budget constraints did not allow them to have the fuel for that
tractor. And so we asked our Fire Commission, would they be willing
to provide the fuel for mitigation within our jurisdiction, and our fire
commissioners said yes.
Through joint partnerships that way, we can utilize tools and
resources already there without having to buy additional tools and
resources. They told us they had the people; it's just a matter of getting
them fueled to make it happen.
Those are types of things that we're working collaboratively. I've
talked to Kingman Schuldt on the same issue. When they get down to
the southern part of the blocks, we have to do maintenance to our
further lines, I'm sure they would be willing to consider the same thing.
We're doing this from your fire district perspective. We're
funding it through the fire districts. I do not believe that we need to
have County Commission establish another tax at this time for wildfire
mitigation or all hazards.
We also have not explored other avenues. There's a lot of funding
both in the state and federally through Fire Wise community programs.
Before we tax our residents any more, I would ask that we explore
those other funding options.
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So I would support this County Commission moving forward
with three of the four points brought to you. The only point I would
ask that you not consider is not having them develop any type of
MSTU or MSBU for the purposes of wildfire or all-hazard mitigation.
Thank you for your time.
And one key note, January 31st at the extension office on
Immokalee Road, we're having a wildfire mitigation for the public
town hall meeting to come in with our partners in Forest Service.
Myself and Kingman Schuldt from Greater Naples in North Collier are
there to present how people can better prepare their homes for wildfire
mitigation. And on February 8th, if they can't make the January 31st,
February 8th at Station 71 at 13th and the Boulevard will also have
one. So we have two educational opportunities to teach people how to
better prepare their homes and their further risk of wildfires.
Thank you, Commissioners.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. I did have my light on.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: Just two things. And I really
compliment you, Chief, on your efforts in working with Forestry.
One point of explanation that I'd like to share with the Board is is
Forestry Department has a lot more flexibility in doing controlled
burns and putting up firebreaks. They have that legal access to enter
into people -- into lands to do -- when there is a wildfire, to do control
burns and firebreaks to provide for safety, where our fire departments
have a little bit of an issue depending on which jurisdiction they're in
and whose land, in fact, it is.
So the support of our fire departments helping our forestry service
is huge, and that collaborative effort that is going on right now is
absolutely amazing, and I applaud you. I applaud you on that, so...
I would like to know from a board's perspective what specifically
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we can do legislatively to assist with the funding of our Forestry
Department just from a board -- County Manager, I don't know if that's
a question for you or the County Attorney what we can do?
I mean, do we have a legislative delegation going to Tallahassee
from the Board that we can make this a portion of our agenda when we
go or --
MR. OCHS: Yes, sir. That would be my suggestion. There's --
typically on the FAC legislative day, which happens during the
session, obviously, we have typically one or two commissioners go
with the staff, and we can certainly add that to your legislative agenda.
We'll make sure we have the background information from Forestry
and do what we can to help them with their funding needs.
COMMISSIONER McDANIEL: I think anything we can do in
that regard would be amazing.
COMMISSIONER FIALA: I think it's great that you mention
that, because we've been trying to shake the bushes to get somebody
else to go up to FAC. So it sounds like you're the first candidate.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER FIALA: And I bet we'll have more.
COMMISSIONER McDANIEL: I'd be happy to go if, in fact, it
was appropriate.
COMMISSIONER FIALA: Good.
Item #14B1
REJECT TWO UNSOLICITED OFFERS, ONE FROM THE
BANROC CORPORATION AND THE OTHER FROM ARNO
INCORPORATION, TO PURCHASE THE 17-ACRE BAYSHORE
COMMUNITY REDEVELOPMENT AREA-OWNED SITE
LOCATED AT 4265 BAYSHORE DRIVE, AUTHORIZE THE
SOLICITATION OF PROPOSALS FOR DISPOSITION OF THE
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SUBJECT PROPERTY THROUGH THE RFP PROCESS AND
ENCOURAGE BOTH PROPOSERS TO PARTICIPATE IN THE
RFP PROCESS - MOTION TO APPROVE STAFF’S
RECOMMENDATIONS – APPROVED
MR. OCHS: Commissioners, that takes us to Item 14B. This is a
recommendation to reject two unsolicited offers for development and
redevelopment of a 17-acre site in the Bayshore Community
Redevelopment area.
Commissioners, it's appropriate to convene, I believe, as the CRA
board for this item. County Attorney?
MR. KLATZKOW: Yes. And the commissioner who is on the
Bayshore area should be the one who --
MR. OCHS: Chairs?
MR. KLATZKOW: -- chairs, yeah.
MR. OCHS: That would be Commissioner Fiala.
CHAIRMAN FIALA: Yes. Okay. So do you just call the CRA
meeting to order? Okay.
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: CRA meeting is now in order.
MS. ARNOLD: Hi. Michelle Arnold, Public Transit and
Neighborhood Enhancement Director, for the record.
I'm here to present this item. The Bayshore CRA purchased the
17-plus acre site, which is located midway on the east side of Bayshore
Drive between U.S. 41 and Thomasson Drive, in 2006, and proceeded
to rezone that property to a mixed public -- Planned Unit Development
and MPUD district which provides for 40 residential units, 48,575
square feet of commercial space, 350-seat theater, and 84,000 square
feet of parking garage.
The property has been on the market previously, but we had not
received any interest for purchasing the property, and the contract with
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a realtor that we had expired back in June of 2016.
Since that time, the CRA has received two unsolicited proposals
to develop the property. Both those proposals have been provided to
you for your information.
Both proposals would require rezoning -- further zoning of the
property. And in keeping with the requirements for a CRA to dispose
of property, we would have notification requirements that we would be
required to put the property back out to the public to express interest.
And so it is staff's recommendation that instead of accepting
either one of these proposals, that we actually go through a formal RFP
process similar to the process that we did back on a property that is
owned in the Gateway Triangle area and solicit bids from all interested
parties and go through a formal review process, and then bring a
recommendation back to the CRA for your consideration in terms of a
proposal for acceptance.
COMMISSIONER SAUNDERS: Madam Chair, I'll make that
motion to accept the staff recommendation and to go through the
required RFP process.
COMMISSIONER TAYLOR: Second.
COMMISSIONER McDANIEL: Second.
CHAIRMAN FIALA: Okay. I have a motion by Commissioner
Saunders and a second by Commissioner Taylor.
Speakers?
MR. OCHS: Any speakers, Troy?
MR. MILLER: I have no speakers on this item.
CHAIRMAN FIALA: Okay, fine. So, Commissioner McDaniel,
would you like to say something?
COMMISSIONER McDANIEL: No, ma'am. I was going to
second it, but Commissioner Taylor jumped ahead.
CHAIRMAN FIALA: Okay. Fine and dandy. So I have a
motion and a second. No further discussion. All in favor, signify by
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saying aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. That passes 5-0. And that
meeting is adjourned.
COMMISSIONER McDANIEL: Nice job.
MR. OCHS: Thank you.
Item #9C
ORDINANCE 2017-03: AMENDING THE COLLIER COUNTY
ETHICS ORDINANCE (ORDINANCE NO. 2003-53, AS
AMENDED), TO REINSTATE CERTAIN LIMITATIONS ON
THE ACCEPTANCE OF GIFTS BY ALL PUBLIC OFFICIALS
AND ALL COUNTY EMPLOYEES – ADOPTED
MR. OCHS: Commissioners, that takes us to Item 9C on the
agenda. It was previously Item 17B on your summary agenda. This is
a recommendation to adopt an ordinance amending the Collier County
ethics ordinance. This was moved to the regular agenda for discussion
by Commissioner Saunders.
COMMISSIONER SAUNDERS: Madam Chair, thank you.
And I will be very brief. Obviously, this is a very important ordinance,
and I want to thank you for bringing it forward, and I know we're
going to approve it today.
I'd like to ask the County Attorney if he would provide us a bit of
January 24, 2017
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a primer, if you will, on what we can do and what we can't do.
I've read the ordinance, and there are certain circumstances under
which we have to file forms, and there are certain things we can and
cannot do. And I think it would be appropriate, perhaps at a subsequent
meeting or in writing, for the County Attorney to give us a little bit of
information to make sure that we're not overstepping the bounds of this
ordinance.
And that's the purpose of taking it off the consent agenda and then
to thank you for bringing it forward.
CHAIRMAN TAYLOR: Okay. That's great.
MR. KLATZKOW: That's fine.
CHAIRMAN TAYLOR: What we can do and what we can't do
next meeting, right?
MR. KLATZKOW: That would be fine.
CHAIRMAN TAYLOR: All right. Wonderful. That's it?
COMMISSIONER SAUNDERS: Yes, that was it.
COMMISSIONER McDANIEL: And we'll have a full
discussion then, okay.
MR. KLATZKOW: You may want to amend the ordinance
afterwards.
COMMISSIONER FIALA: Do we have to vote on that?
CHAIRMAN TAYLOR: I don't think. Do we? I don't think we
have to vote on it. No.
COMMISSIONER SAUNDERS: Not on that, but we do have to
vote on the ordinance.
CHAIRMAN TAYLOR: Yes. Yes. All right. Very good. So I
think that takes us to the end of our meeting, sir?
COMMISSIONER SAUNDERS: We need to vote on the -- do
you want a motion on the ordinance? I thought you might --
CHAIRMAN TAYLOR: Do we need to vote on it?
COMMISSIONER SAUNDERS: Yes. I thought you might want
January 24, 2017
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to make the motion --
MR. OCHS: Yes.
COMMISSIONER SAUNDERS: -- since it was your --
CHAIRMAN TAYLOR: Okay. Well, I'll make a motion --
MR. OCHS: This is your second reading. This is your adoption
hearing.
CHAIRMAN TAYLOR: Oh, very good. Okay. That's right.
Because we pulled it. That's correct. Okay. So I make a motion that
we accept the ordinance as written and as a second reading.
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: Okay. All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: Thank you very much.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Madam Chair, that takes you to Item 7, public
comments on general topics not on the current or future agenda.
MR. MILLER: I have one registered speaker for public
comment, Tamara Paquette. Either podium, ma'am.
MS. PAQUETTE: Okay. Good afternoon. Thank you very
much for hearing me. My name is Tamara Paquette, and I'm a citizen
January 24, 2017
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of Golden Gate Estates.
One of the things that I've learned a lot about over the years since
2007 when the River of Grass Greenway concept came up, there has
been a lot of interest, and it's been a bit of a political football.
A couple things I want to put on your radar that you'll want to
hear: There's a lot of indigenous people in the area of the 75-mile trek.
They're not in favor of it. They're definitely thumbs down, and there
has been misrepresentation about whether they were interested or not
interested.
And also, too, the expense of doing a 75-mile pathway when we
still have so many pathways that need to be done in town and
especially around Immokalee. Immokalee is desperate for debris-free,
puddle-free walkways, and it sends a very bad message when we're
willing to spend money on a recreational pathway before we put
pathways in place for public safety.
Thank you for your time.
CHAIRMAN TAYLOR: Thank you.
COMMISSIONER FIALA: May I ask a question?
CHAIRMAN TAYLOR: Yes. Please come back.
COMMISSIONER FIALA: Well, I don't know if she has the
answer or not. But I would think that that would be a state --
MR. CASALANGUIDA: Ma'am, it's on your MPO list right
now, and I think it's a topic that's going to come back for you guys.
COMMISSIONER FIALA: Okay, fine. Because the state, of
course, can't pay for the sidewalks in Immokalee, although we do get
grants for them.
Thank you.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
January 24, 2017
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MR. OCHS: Madam Chair, that takes you to Item 15, staff and
commission general communications.
I have just a couple of just quick reminders. The first, again, is to
remind you of a March 7th workshop with the City of Naples. That's a
9 a.m. workshop. At your next meeting I should have a list of
proposed agenda topics that I can present to the Board and get your
endorsement.
Secondly, we received a request from the South Florida Water
Management District and the Southwest Florida Water Management
District to ask the Board to provide a letter of support. They are joint
applicants for a project that would essentially look at the coastal high
hazard areas in Lee, Collier, Charlotte, and Sarasota Counties
primarily for the purpose of updating the planning as it relates to the
coastal area's resiliency for storm surge and sea level rise. They're
asking for a letter of support from the board to help bolster their grant
application.
So I need to know if the Board is willing to support that grant
request. We've drafted a letter for the chair to sign if the board's in
favor of that.
COMMISSIONER McDANIEL: That came from the Southwest
Florida Regional Planning Council, yes?
MR. OCHS: Yes, sir.
COMMISSIONER McDANIEL: I oriented that through.
MR. OCHS: Thank you.
And the last thing I have is just a reminder that the advisory panel
team from the Urban Land Institute will be in town starting this
Sunday spending the week doing their assessment of our affordable
and workforce housing program, and that report out to the Board on
the panel's findings will be held next Friday, that's February 3rd, at 9
a.m. right here in the boardroom. So we, obviously, look forward to
January 24, 2017
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that presentation. Need the commissioners here if at all possible.
CHAIRMAN TAYLOR: And, County Manager Ochs, I had
asked you in our one-on-one, and I don't expect you to have it now, but
I can tell you there are many people interested in the schedule and
when they can participate. Do we have that information, or can --
MR. OCHS: Yes, ma'am. We've got a fairly aggressive public
outreach on this. We've already had quite a bit of outreach to all of the
stakeholder committee members and --
CHAIRMAN TAYLOR: Well, there's no question there. It's
more for --
MR. OCHS: And the public, yeah.
CHAIRMAN TAYLOR: It's more for the people -- you know,
the people who are suddenly learning about it; how can they
participate.
MR. OCHS: We're continuing to do that throughout the week on
our website and through the media. There's some stories already
getting ready to be published, so...
CHAIRMAN TAYLOR: Okay, good. Thank you.
MR. OCHS: And that's all I have, Madam Chair.
CHAIRMAN TAYLOR: All right. County Attorney?
MR. KLATZKOW: Nothing, ma'am.
CHAIRMAN TAYLOR: Troy?
MR. MILLER: Nothing, ma'am. Thank you.
CHAIRMAN TAYLOR: Thank you for your work. You're the
quiet worker here. We really appreciate.
MR. MILLER: Thank you.
CHAIRMAN TAYLOR: Even though you do mispronounce
names every now and then. That's okay.
MR. MILLER: It's also the handwriting; a combination of the
two.
CHAIRMAN TAYLOR: I can imagine.
January 24, 2017
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COMMISSIONER FIALA: Probably mostly the handwriting.
MR. KLATZKOW: No. It's mostly the handwriting. He'll give
me a speaker slip, and I'll go, I've got nothing.
CHAIRMAN TAYLOR: I watch you two caucus on, what do
you think. So thank you.
Crystal?
MS. KINZEL: No. Thank you, ma'am. Great.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes, Madam Chair. Two
points: As you're aware -- and thank you very much. I was honored to
accept the position with the Southwest Florida Regional Planning
Council.
I attended my first meeting last week on Thursday and was asked
to serve on a long-range transportation committee and also volunteered
to serve on the Promise Zone Steering Committee. And we do have a
representative from Glades and from Hendry County. I actually woke
Carson Turner up while he was not paying attention. I said, Carson,
raise your hand and, boom, he's on there with me now as well, so that
was pretty fun. And I'm really excited about that organization.
While I was there, I was having a discussion -- and you-all have
heard me talk about -- and this is something that's near and dear to
your heart, all of our hearts, and that's beach renourishment.
And I was talking to the mayor of Sarasota and along with the
mayor of Venice. And I had talked about a collaborative effort with
regard to our beach renourishment projects and as they're going. So
there is a semblance of discussion through that organization to bring
that up and discuss our mutual woes with regard to how we're doing
and what we're doing with regard -- with beach renourishment.
And then, secondly, this past Friday I had the opportunity to
attend the Sheriff's Department's hands-on demonstration over at
special ops, and I would like to recommend -- if you have not done that
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yet, it is a free orientation as to what our Sheriff's Department does in
the special ops -- that you go. It was worth the three or four hours that
-- well, almost four hours that I spent there, and I highly recommend it.
A lot of folks don't even necessarily know that the sheriff
provides that. There were citizens as well, and there is no expense.
But I highly recommend that. You actually get to do a lot of things.
They do a simulated traffic stop, and you're the sheriff's officer that
gets to deal with that. It's really quite interesting. So I highly
recommend that.
That's all I have, Madam Chair.
CHAIRMAN TAYLOR: Thank you very much.
Commissioner Fiala?
COMMISSIONER FIALA: Thank you. A while back we
discussed the marijuana dispensary ordinance, and we were talking
about it, and then it kind of, like -- I guess with the change of order up
here and everything, it kind of went by the wayside a little bit, but I
want to bring that back up and ask that we could move forward with
that ordinance.
And we had suggestions and so forth. And Pat Barton is the lady
that's been heading this around the community, and she notified me.
She said she hasn't seen anything yet. And, you know what, I had
completely forgotten about it myself. So I wondered if we could put
that back on the agenda or just how you would want to do that so that
we could discuss it.
COMMISSIONER SAUNDERS: Madam Chair, a lot of
communities are passing ordinances imposing a short-term moratorium
on marijuana dispensaries, medical marijuana dispensaries. And it's
probably going to be July/August time frame, maybe even longer than
that, before the state has rules in place. There will be legislation this
session. But we could impose a moratorium. I think the County
Attorney probably has a draft of a proposed moratorium that he could
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use from some other community just to give us the time.
MR. KLATZKOW: Commissioner Saunders had provided me
with some of his work on this. Mr. Bosi and I have prepared something
that's available to Collier County. We can bring it back at the next
meeting for your review, if you'd like.
CHAIRMAN TAYLOR: Great.
COMMISSIONER FIALA: Yea. I would like to do that. How
about everyone else?
CHAIRMAN TAYLOR: Oh, yeah. I think it's a great idea.
COMMISSIONER SOLIS: Sure.
COMMISSIONER FIALA: Okay. It seems like we're --
COMMISSIONER McDANIEL: I don't like moratoriums.
COMMISSIONER FIALA: Well, I know that. You cut me off at
the knees.
COMMISSIONER McDANIEL: No, I didn't.
COMMISSIONER FIALA: Yes, you did. And it's essential.
Anyway. Okay. I would love that if you would come back then.
Is that okay with everybody?
MR. KLATZKOW: Next meeting.
COMMISSIONER FIALA: I think it's important to our entire
community, really.
CHAIRMAN TAYLOR: Okay. Is that it?
COMMISSIONER FIALA: Uh-huh.
CHAIRMAN TAYLOR: Okay. Commissioner Solis?
COMMISSIONER SOLIS: I would just like to thank the staff.
I've had obviously a lot of questions and concerns about the closing of
Vanderbilt Drive and the traffic issues that are happening because of
that and, you know, the questions range from, you know, why is it
being closed at all to why, over the season, you know, and it's been
very helpful to get that information as to why the decision was made to
do it the way it's being done.
January 24, 2017
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So I just want to thank staff for that. That's been very, very
helpful, and hopefully we can continue to keep people informed on
that. I don't know if there's anything else we can do to keep people
informed. There's some businesses up at the north end of Vanderbilt
Drive that are really being impacted by that. And there's some
concerns that if -- you know, if we can keep them apprised of when it's
going to change or there's something new that's going to be done, that
they can hopefully adjust what they're doing.
(Applause.)
COMMISSIONER SOLIS: What was my other issue? I think
that's it. Oh, I'm sorry. And there is one other concern that came up
today was the traffic situation on Wiggins Pass. They're getting some
serious backup from 41 since everyone, you know, that's, I guess,
south of the bridge has to go all the way -- you know, go out Wiggins
Pass. There's no way else to go. So I don't know if there's anything
that we can look into or if there's anything that can be done to help
mitigate some of the traffic impacts.
MR. CASALANGUIDA: We could have our staff look at the
signal timing there, sir. We have live cameras there, so we'll turn that
on to monitor and just see if we can tweak the timing a little bit.
COMMISSIONER SOLIS: Please do. I'd appreciate that. Thank
you.
COMMISSIONER SAUNDERS: Madam Chair, just one quick
item. I know Collier County's been very effective and aggressive in
terms of collecting tourist taxes from the vacation rentals and that sort
of thing. But I came across an article; there are now 35 counties that
are collecting tourist taxes from Airbnb. And I know Collier County
has had some communications with Airbnb over the last couple years
and, for whatever reason, there's not been an arrangement made.
But in Polk County -- they just signed an agreement in Polk
County. They're generating $200,000 a year in additional tourist tax
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revenues in Polk just from that one entity. And so I'd like staff to
revisit the potential for collecting tourist taxes from Airbnb. There
may be others as well, but that's probably the big one. And, you know,
perhaps, let us know if there's a problem in moving forward with that.
CHAIRMAN TAYLOR: Thank you. As former chair of the
TDC, I think we need upper staff level now to step into this, because
it's gone on too long.
MR. OCHS: Yes. it's timely. And it's funny, we were just
talking, Nick and I and Jack Wert, about that earlier this week. And, of
course, the tax collector has a big role to play in this, and they have
some of their own policy parameters that we're trying to work through
-- Nick, without belaboring this, but just what's the issue locally here?
MR. CASALANGUIDA: Sure. I know Rob. I spoke with him
at length yesterday. He's having a hard time having Airbnb give him
any auditable information. What they've told him is we're happy to
enter into an agreement with you, and we'll just send you a check every
month. And Rob's point was, how do I audit that?
So I think he's going to spend a little bit more time with Jack's
team to talk to him to see if he can square it away. But it's Airbnb, Flip
House (sic), Vacation Rental by Owner, and Rob did want me to kind
of express to the Board that they are monitoring these folks, in other
words, because they're publicly advertised.
COMMISSIONER SAUNDERS: They also have an agreement
with Lee County, so Lee County's been successful.
MR. OCHS: They have several agreements.
MR. CASALANGUIDA: Polk County and a couple other
counties have signed on, so...
COMMISSIONER SAUNDERS: Well, according to this article,
there's 35. But I was just pointing out that Lee County, our neighbor,
has it. So there may be some education there that we can get from
them.
January 24, 2017
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CHAIRMAN TAYLOR: Is it the same kind of agreement,
meaning we'll give you what we want to give you, but, you know,
good luck otherwise?
MR. CASALANGUIDA: Yeah. I think some of the counties
have backed off to the audit version and just said, send us the check,
and we'll be good with that. I think our -- you know, as Crystal's
wrinkling her nose a little bit, I think it's hard to say.
CHAIRMAN TAYLOR: Yeah. How we doing down there?
How we doing?
COMMISSIONER McDANIEL: How much did you collect?
MR. CASALANGUIDA: But I think Rob's on top of it, and I
know Jack's going to be meeting with him this week.
CHAIRMAN TAYLOR: I would like this as a topic of
conversation with the city because -- not that they are going to
suddenly do it, but they have a lot of homes, and they used to have a
pretty strong enforcement and neighborhood associations that basically
kind of know; they're the feet on the ground. They know what's going
on in their neighborhoods and who's renting out something for two
weeks or three weeks.
If we can't -- you know, it used to be that you couldn't rent your
house out for under a month.
COMMISSIONER McDANIEL: Right.
CHAIRMAN TAYLOR: And now I know it's three or four days
here or three or four days there, and I don't know where that goes with
them. But I think this is a conversation we have to have, and perhaps
even with the Pelican Bay Association. But the property owners
association, especially close to the water, need to be engaged.
COMMISSIONER McDANIEL: Just as a point of discussion on
that line. One of the things I've had conversations with our staff in
making some adjustments to our Code Enforcement reporting
processes. There is a fear of retribution by a lot of our citizenry for
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making an actual code enforcement report because you're kind of sort
of telling on your neighborhood, and there's a fear of retribution.
And I know we've had several discussions and are going to have
more about trying to provide for some accountability but anonymity at
the same time to allow for a complainant to not have that fear of
retribution and have them come forward.
I know over in Golden Gate City, because of the necessity of
public records and Code Enforcement to have to actually publish the
name of the complainant, that the Golden Gate City Civic Association
will now file your complaint for you and provide you with that
anonymity but still let the complaint be filed, which I think it's kind of
going around the corner to get to where we're actually going.
So I can see -- and it would help along these lines as well with our
Tax Collector having a better opportunity to know who's doing what.
So I think -- and that's coming forward soon.
CHAIRMAN TAYLOR: Thank you.
Commissioner Saunders, anything else?
COMMISSIONER SAUNDERS: Yeah. Again, just on that
particular issue, if we could get -- maybe get with the Tax Collector.
Let's find out what we need to do to start collecting. And if they're --
you know, if we have to start off with some anonymity in terms of
what they're providing, you know, that may not be ideal, but I think we
should be collecting taxes.
COMMISSIONER McDANIEL: Better than none.
MR. KLATZKOW: You also have a code issue here where a lot
of people are renting places where they ought not to be renting places.
So I'm not sure how this -- you're going to be -- in other words, you're
going to be collecting revenues for this in areas that this Board, under
its policy, has said you shouldn't be doing this sort of business.
COMMISSIONER SAUNDERS: Yep.
MR. KLATZKOW: You may want to relook at that, too.
January 24, 2017
Page 131
COMMISSIONER SAUNDERS: Yeah. And we are really
restricted in what we can do in terms of regulating vacation rentals. As
the County Attorney knows, there's a state law preemption on that, so
that, you know -- but, again, my issue is tax collections at this point.
CHAIRMAN TAYLOR: All right. Thank you.
And I just wanted to thank those who walked with us on Martin
Luther King Day over a week ago. Thank you for being there. It was
the largest crowd that -- oh, dear, I sound -- sounds familiar, doesn't it?
But it was the largest crowd that Martin Luther King had ever -- the
parade had ever experienced. It was on -- the Macedonia Missionary
Baptist Church told me -- and I walked with him when he was No. 6 in
the line, and this year he was No. 35.
We had all the high school bands, I think; most of the high school
bands were marching in the parade, so it was really wonderful, and it
was a beautiful day, and thank you.
COMMISSIONER McDANIEL: It was a very nice parade. I
was there as well.
CHAIRMAN TAYLOR: And if there's nothing else, and --
MR. CASALANGUIDA: Go Patriots.
COMMISSIONER McDANIEL: Oh, quit. You got a bad cold
again?
MR. CASALANGUIDA: There's something caught in my throat.
CHAIRMAN TAYLOR: We are adjourned.
**** Commissioner Fiala moved, seconded by Commissioner
McDaniel and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
AN AMENDED AND RESTATED LANDSCAPE
January 24, 2017
Page 132
MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN
COLLIER COUNTY AND THE LA MORADA AT NAPLES
MASTER ASSOCIATION, INC. FOR LANDSCAPE AND
IRRIGATION IMPROVEMENTS WITHIN THE WOODCREST
DRIVE AND IMMOKALEE ROAD PUBLIC RIGHT-OF-WAY –
WITHIN PRISTINE DRIVE AND WOODCREST DRIVE
Item #16A2
SECOND AMENDMENT TO THE SETTLEMENT AGREEMENT
AND GENERAL RELEASE BETWEEN VILLAGES OF STELLA
MARIS MASTER ASSOCIATION, INC. AND COLLIER
COUNTY, TO AMEND THE SETTLEMENT AGREEMENT AND
GENERAL RELEASE, DATED JUNE 26, 2007, AS AMENDED
BY THE AMENDMENT TO SETTLEMENT AGREEMENT AND
GENERAL RELEASE, DATED MAY 12, 2015 – AS DETAILED
IN THE EXECUTIVE SUMMARY
Item #16A3
RECORDING THE MINOR FINAL PLAT OF ESPLANADE
GOLF AND COUNTRY CLUB OF NAPLES BENVENUTO
COURT REPLAT, APPLICATION NUMBER PL20160002720
Item #16A4
A REFUND IN THE AMOUNT OF $167,389.80 OF SIDEWALK
PAYMENT IN LIEU FEES TO MULTIPLE DEVELOPERS
WITHIN THE NAPLES PRODUCTION PARK AND PINE RIDGE
INDUSTRIAL PARK AND HOLD LAND DEVELOPMENT CODE
SECTION 6.06.02(C) IN ABEYANCE PENDING THE UPDATE
January 24, 2017
Page 133
OF THE COLLIER METROPOLITAN PLANNING
ORGANIZATION’S UPDATE OF THE COMPREHENSIVE
PATHWAYS PLAN – ADDRESSING BICYCLE AND
PEDESTRIAN NEEDS IN THE PARK AREAS
Item #16A5
A CHANGE ORDER NO. 2 FOR ADDITIONAL WORK
ASSOCIATED WITH ITB NO. 16-6607 COLLIER BLVD.,
HIGHWAY BEAUTIFICATION IN THE AMOUNT OF
$30,194.98, AUTHORIZE FUNDING TO UPGRADE
IRRIGATION EQUIPMENT IN THE AMOUNT OF $3,040 AND
APPROVE THE NECESSARY BUDGET AMENDMENT
(PROJECT #60149) – WITH A FINAL COMPLETION DATE OF
MAY 1, 2017
Item #16A6
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASES 3B AND 3C,
PL20150000560, 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 – A FINAL INSPECTION WAS
CONDUCTED ON DECEMBER 9, 2016, THE FACILITIES WERE
FOUND TO BE SATISFACTORY AND ACCEPTABLE BY
STAFF
Item #16A7
January 24, 2017
Page 134
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASE 3D,
PL20150001987, 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 – A FINAL INSPECTION WAS
CONDUCTED ON DECEMBER 9, 2016, THE FACILITIES WERE
FOUND TO BE SATISFACTORY AND ACCEPTABLE BY
STAFF
Item #16A8
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASE 4, PL20140002465,
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 – A
FINAL INSPECTION WAS CONDUCTED ON DECEMBER 12,
2016, THE FACILITIES WERE FOUND TO BE SATISFACTORY
AND ACCEPTABLE BY STAFF
Item #16A9
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR AVELLINO PLACE, PL20150000323,
ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION
January 24, 2017
Page 135
OF THE POTABLE WATER FACILITIES, AND TO AUTHORIZE
THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE
THE UTILITIES PERFORMANCE SECURITY (UPS) AND
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$30,516.14 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – A FINAL
INSPECTION WAS CONDUCTED ON OCTOBER 10,2016, THE
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE BY STAFF
Item #16A10
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR AVELLINO PLACE PHASE 2,
PL20150001875, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $11,493.59 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT – A FINAL INSPECTION WAS CONDUCTED ON
NOVEMBER 15, 2016, THE FACILITIES WERE FOUND TO BE
SATISFACTORY AND ACCEPTABLE BY STAFF
Item #16A11
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR VYNE HOUSE AT TALIS PARK
PHASE 2, PL20150002432, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $15,250.09 TO THE
January 24, 2017
Page 136
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT – A FINAL INSPECTION WAS CONDUCTED ON
NOVEMBER 15, 2016, THE FACILITIES WERE FOUND TO BE
SATISFACTORY AND ACCEPTABLE BY STAFF
Item #16A12 – Moved from Item #17A (Per Agenda Change Sheet)
HOLDING ONE OF TWO REQUIRED HEARINGS FOR LAND
DEVELOPMENT CODE AMENDMENTS AT 5:05 P.M. ON
TUESDAY, MARCH 14, 2017
Item #16B1
A COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT BETWEEN THE BAYSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AGENCY AND
WESTERN BIKE & AUTO, LLC IN THE AMOUNT OF $16,830
FOR PROPERTY LOCATED AT 2286 TAMIAMI TRAIL EAST
AND WITHIN THE BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AREA
Item #16C1
AWARD REQUEST FOR QUOTATION #14-6213-86, “TRAIL
BLVD WATER MAIN RELOCATION,” TO KYLE
CONSTRUCTION, INC., IN THE AMOUNT OF $172,174.00,
UNDER PROJECT NO. 70045, “FDOT UTILITY PROJECTS,”
FOR WATER MAIN RELOCATIONS ALONG PORTIONS OF
TRAIL BOULEVARD, AS REQUIRED BY THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) TO
CONSTRUCT DRAINAGE IMPROVEMENTS; AUTHORIZING A
January 24, 2017
Page 137
CORRESPONDING UTILITY WORK AGREEMENT WITH THE
FDOT; AUTHORIZING A BUDGET AMENDMENT IN THE
AMOUNT OF $100,000 – FOR THE CONSTRUSTION OF A
SIDEWALK AND DRAINAGE IMPROVEMENTS
Item #16C2
A $332,650 WORK ORDER UNDER REQUEST FOR
QUOTATION #14-6213-82 TO QUALITY ENTERPRISES USA,
INC. UNDER PROJECT NUMBER 70019, “CROSS
CONNECTION CONTROL PROGRAM;” AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT – FOR THE
PREVENTION OF BACKFLOW OF CONTAMINANTS INTO
THE WATER SYSTEM
Item #16D1
AN AGREEMENT WITH THE CONSERVANCY OF
SOUTHWEST FLORIDA ALLOWING IT TO PROVIDE
ENVIRONMENTAL EDUCATION PROGRAMS AT COLLIER
COUNTY MANAGED AND OPERATED BEACH PARK
FACILITIES – THIS AGREEMENT IS FOR FIVE YEARS AND
MAY BE EXTENDED ONE ADDITIONAL TERM OF FIVE
YEARS
Item #16D2
SUPPLEMENTAL STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM HOUSING COUNSELING
FUNDS FOR FY 2016-2017 IN THE AMOUNT OF $49,377,
AUTHORIZES THE CHAIR TO SIGN THE SHIP HOUSING
January 24, 2017
Page 138
COUNSELING FUNDING CERTIFICATION AND REQUEST
FORM, AND APPROVES A BUDGET AMENDMENT IN THE
AMOUNT OF $49,377
Item #16D3
FOUR MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE COMBINED AMOUNT OF $43,750 – ALL LOCATED AS
FOLLOWS: 1208 N 18TH ST, IMMOKALEE; 425 JONES ST,
IMMOKALEE; 12105 FULLER LANE, NAPLES; 140 16TH AVE
NE, NAPLES
Item #16D4
A STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
(SHIP) IMPACT FEE RELEASE OF LIEN IN THE AMOUNT OF
$11,612.98 FOR THE ASSOCIATED OWNER-OCCUPIED
AFFORDABLE HOUSING DWELLING UNIT WHERE THE
OBLIGATION HAS BEEN REPAID IN FULL – LOCATED AT
12105 FULLER LANE, NAPLES
Item #16D5
A BUDGET AMENDMENT RECOGNIZING PROGRAM
INCOME FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT; TOTAL FISCAL IMPACT OF $23,434.12
Item #16D6
SERVICES FOR SENIORS, AFTER-THE-FACT, STANDARD
January 24, 2017
Page 139
CONTRACT AND ATTESTATION STATEMENT WITH AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., AND
AUTHORIZING ASSOCIATED BUDGET AMENDMENTS FOR
THE FY17 OLDER AMERICANS ACT TITLE III PROGRAM IN
THE AMOUNT OF $51,314.28 - FUNDING WILL BEGIN ON
JANUARY 1, 2017 ENDING ON DECEMBER 31, 2017
Item #16D7
A BUDGET AMENDMENT INCREASING THE FY 2015-2016
STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM
ALLOCATION BY $23,658 AND RECOGNIZE PROGRAM
INCOME RECEIVED; IN THE AMOUNT OF $421,526.29 FOR
SHIP FY 2015-2016. SHIP BUDGET AMENDMENT - (FY 2015-
2016)
Item #16D8
A NON-GRANT PORTION OF THE THREE YEAR
SEASONAL BEACH SHUTTLE OPERATING BUDGET FOR A
BUS LEASE, OPERATIONAL AND INFRASTRUCTURE
REQUIREMENTS IN THE AMOUNT OF $200,000 FROM
TOURIST DEVELOPMENT COUNCIL (TDC) CATEGORY “A”
BEACH PARK FACILITIES FUND (183), MARKETING AND
PROMOTIONAL EXPENDITURES IN THE AMOUNT OF
$75,000 FROM TDC TOURISM PROMOTION FUND (184);
MAKE A FINDING THAT THESE EXPENDITURES PROMOTE
TOURISM; AND AUTHORIZE ALL NECESSARY BUDGET
AMENDMENTS – AN ALTERNATIVE SEASONAL ROUTE
PROVIDING BEACH ACCESS FOR RESIDENTS AND
VISITORS
January 24, 2017
Page 140
Item #16E1
PAYMENT OF OUTSTANDING INVOICES UNDER QUANTUM
MERUIT FOR CONTRACT #15-6432 - PREVENTATIVE
MAINTENANCE INSPECTION SERVICES AND ON-CALL
MECHANICAL CONTRACTOR SERVICES FOR PROJECTS TO
JOHNSON CONTROLS, INC. – FOR ON-CALL MECHANICAL
CONTRACTOR SERVICES THAT WERE ALREADY
COMPLETED
Item #16E2
THE ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE
ORDERS, SURPLUS PROPERTY AND OTHER ITEMS AS
IDENTIFIED – FOR THE SURPLUS DISPOSAL AND REVENUE
REPORT FROM DECEMBER 20, 2016 THROUGH JANUARY 5,
2017
Item #16E3
WAIVING THE FORMAL COMPETITIVE PROCESS IN THE
BEST INTEREST OF THE COUNTY AND APPROVE A
NEGOTIATED AGREEMENT #17-7058 WITH ROBERT FLINN
RECORDS MANAGEMENT CENTER - FOR THE STORAGE OF
APPROXIMATELY 11,000 BOXES OF PAPER COPY
DOCUMENT BY COUNTY AND CONSTITUTIONAL OFFICES
Item #16E4
January 24, 2017
Page 141
THE SERVICE LEARNING AGREEMENT BETWEEN THE
FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES
(FGCU) AND THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AND AUTHORIZE THE CHAIRMAN TO
EXECUTE THE AGREEMENT – A TWO-YEAR FIXED TERM
AGREEMENT BASED UPON EXECUTION THAT HAS TWO
ADDITIONAL ONE-YEAR TERMS
Item #16E5
THE SUBMITTAL OF AN EMS MATCHING GRANT
APPLICATION TO THE FLORIDA DEPARTMENT OF HEALTH
FOR THE PURCHASE OF A MULTIFUNCTIONAL TRAINING
SYSTEM FOR MEDFLIGHT CREWS FOR A TOTAL OF $7,519
(MATCH $1,880) – PROVIDING FOR PHYSICAL FITNESS
EQUIPMENT; THE GRANT APPLICATION PERIOD IS FROM
OCTOBER 1, 2016 THROUGH FEBRUARY 1, 2017
Item #16E6
CHANGE ORDER #001 FOR THE LEARNING MANAGEMENT
SYSTEM CONTENT BUNDLE AND SERVICES PACKAGE
UPGRADE IN THE AMOUNT OF $16,800 TO CORNERSTONE
ONDEMAND, INC. FOR CONTRACT #16-6621, LEARNING
MANAGEMENT SYSTEM – FOR EMPLOYEE TRAINING
PROGRAMS THAT INCLUDE THE GOLDPLUS CONTENT
BUNDLE
Item #16F1
RESOLUTION 2017-09: AMENDMENTS (APPROPRIATING
January 24, 2017
Page 142
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2016-17 ADOPTED
BUDGET
Item #16F2 – Continued to the February 14, 2017 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO ADOPT THE 2017 STRATEGIC PLAN
WITH THE INCLUSION OF MINOR CHANGES BASED UPON
DIRECTION RECEIVED AT THE BOARD WORKSHOP ON
JANUARY 3, 2017
Item #16F3
TOURIST DEVELOPMENT TAX CATEGORY “B” FUNDING TO
SUPPORT THE ISPS SOFTBALL EVENT UP TO $3,500 AND
MAKE A FINDING THAT THESE EXPENDITURES PROMOTE
TOURISM – FOR A SOFTBALL EVENT THAT WILL TAKE
PLACE ON FEBRUARY 4-5, 2017 AT THE NORTH COLLIER
REGIONAL PARK
Item #16G1
THE FIRST AMENDMENT TO A SITE LICENSE AGREEMENT
WITH CENTER RING CIRCUS, INC. FOR A BIG TOP CIRCUS
EVENT AT THE IMMOKALEE REGIONAL AIRPORT – THE
EVENT DATES HAVE BEEN REVISED TO JANUARY 29,
THROUGH FEBRUARY 2, 2017, ALLOWING FOR SETUP AND
TEAR-DOWN
Item #16J1
January 24, 2017
Page 143
PROVIDING THE BOARD OF COUNTY COMMISSIONERS
THE CLERK OF THE CIRCUIT COURT’S INTERNAL AUDIT
REPORT 2017-1 JOB CREATION INVESTMENT PROGRAM:
ANIMAL SPECIALTY CENTER OF FLORIDA, LLC, ISSUED ON
JANUARY 17, 2017
Item #16J2
RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN DECEMBER 29, 2016 TO
JANUARY 11, 2017 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J3
PURSUANT TO THE BOARD’S PURCHASING ORDINANCE
2013-69, AS AMENDED, REQUEST THAT THE BOARD
APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR
INVOICES PAYABLE AND PURCHASING CARD
TRANSACTIONS AS OF JANUARY 18, 2017
Item #16K1
RESOLUTION 2017-10: SETTING THE BALLOTING DATE FOR
THE RECOMMENDATION OF MEMBERS TO THE PELICAN
BAY SERVICES DIVISION BOARD BY RECORD TITLE
OWNERS OF PROPERTY WITHIN PELICAN BAY – THE
CLERK IS RECOMMENDING THE BALLOTING DATE OF
January 24, 2017
Page 144
MARCH 6, 2017
Item #16K2
RESOLUTION 2017-11: RE-APPOINTING SUSAN J. CURLEY
WITH TERM EXPIRING ON FEBRUARY 14, 2020 TO THE
CODE ENFORCEMENT BOARD
Item #16K3
RESOLUTION 2017-12: APPOINTING ROBERT J. RAYMOND
WITH TERM EXPIRING ON MAY 22, 2021 TO THE COASTAL
ADVISORY COMMITTEE
Item #16K4
A PROPOSED STIPULATED ORDER OF TAKING AND FINAL
JUDGMENT IN THE AMOUNT OF $15,631 FOR PARCEL
365RDUE IN THE CASE STYLED COLLIER COUNTY V.
STEVEN A. EDWARDS, ET AL., CASE NO. 16-CA- 1327,
REQUIRED FOR THE EXPANSION OF GOLDEN GATE BLVD.
FROM 20TH STREET EAST TO EAST OF EVERGLADES
BLVD., PROJECT NO. 60145. (FISCAL IMPACT: $15,631)
Item #17A – Moved to Item #16A12 (Per Agenda Change Sheet)
Item #17B – Moved to Item #9C (Per Commissioner Saunders
During Agenda Changes)
Item #17C
January 24, 2017
RESOLUTION 2017-13: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2016-17 ADOPTED
BUDGET
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 1:15 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
PE TA , C gr RMAN
ATTEST t .0
DWIGHT Et BROCK, CLERK
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Atftist a fo CC ',r 's
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signature& y.
These minutes approv by the Board on o1- I + , as
presented or as corrected
Page 145
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis, Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 Tamiami Trail East, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY of COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED Collier County
Tuesday, January24, 2017 MY POSITION IS:
Y ttf ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
• • •
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis hereby disclose that on January 24 20 17 •
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, •
inured to the special gain or loss of my relative, •
inured to the special gain or loss of a client of my law firm, WCI by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
BCC Agenda Item 9A is a recommendation to change the zoning classification of a designated parcel to a
Residential Planned Unit Development (RPUD) known as Hamilton Place. The Developer, WCI, is a client of my
law firm, and in an abundance of caution, I will abstain from voting pursuant to Section 286.012, Fla. Stat. to
avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
January 24, 2017
Date Filed S
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B-EFF, 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Saunders, Burt Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 Tamiami Trail East, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY 51 COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED
January 24, 2017 MY POSITION IS:
CI ELECTIVE LI APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAB) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 86-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Burt Saunders hereby disclose that on January 24, 20 17
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of my former clients, including Orange Tree Utility its principals and affiliates , by
�whom I°If retained; or -.f- ddn 1/c' hwy.- /G/�rSI 14 Ql►i of 14 f!i'�`!j �4 �.s14 i`
inured to the special gain or f, �Mw ��'��"'• �v?s ho/, %filtsmJt 4 O� P ,,a, which her;
which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On January 24, 2017, BCC Agenda Item 9B, the Board will consider a recommendation to approve by resolution
an integration agreement incorporating the terms of the settlement of a lawsuit against Orange Tree Utility
Company, Orange Tree Utility Associates and related parties and to approve the transfer documents required to
transfer water and wastewater assets to the County. I will abstain from voting on this item pursuant to Sections
112.3143 and 286.012, Fla. Stat. to avoid any perceived prejudice or bias as I previously represented Orange
Tree Utility Company, its principals and affiliates in this matter.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
f#4,January 24, 2017
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.