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Agenda 05/23/2017 Item # 2B05/23/2017 COLLIER COUNTY Board of County Commissioners Item Number: 2.B Item Summary: April 25, 2017 - BCC Regular Meeting Minutes Meeting Date: 05/23/2017 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 05/10/2017 9:43 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 05/10/2017 9:43 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 05/10/2017 9:43 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/23/2017 9:00 AM 2.B Packet Pg. 13 April 25, 2017 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 25, 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 Donna Fiala William L. McDaniel, Jr. 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, Television Operations Manager April 25, 2017 Page 2 MR. OCHS: Ladies and gentlemen, please take your seats. Madam Chair, you have a live mike. CHAIRMAN TAYLOR: Good morning. It's a very wonderful morning. We have a lot of blessings today. The fires seem to be somewhat controlled. That means there's safety not only for the residents in the east but also for our first responders. We'll be talking more about that later, but right now, I believe we have a -- excuse me -- the invocation and the pledge, and Reverend Dawson Taylor of Naples United Church of Christ will give us -- lead us in the invocation, and then, Commissioner Fiala, would you lead us in the Pledge of Allegiance. COMMISSIONER FIALA: You betcha. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE – INVOCATION GIVEN REVEREND TAYLOR: Let us pray. Gracious and loving God, we give you thanks for the gift of this day. We give you thanks for all of the gifts that you have given us, and we ask that you would continue to be with those who have been displaced, and we also ask that you be with those who are responding to the crises in our county; that you will remind us to be those who would be people of grace and of love and would respond in all the ways that we are able; be with all of those who are facing loss this day; help us to be a place that is mindful of all of those who go without. And all this we ask in your many names, amen. COMMISSIONER FIALA: Thank you. And would you please take your hats off and put your hands over your hearts and say with me... April 25, 2017 Page 3 (The Pledge of Allegiance was recited in unison.) COMMISSIONER FIALA: Thank you. CHAIRMAN TAYLOR: Thank you very much. County Manager? Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AND SUMMARY AGENDA.) - COMMISSIONER SAUNDERS ADDED TWO ITEMS: ONE ON CONSOLIDATED FIRE DISTRICTS (#10B) AND AN ITEM CONCERNING MEETING WITH THE TDC (#10C) - APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Good morning, Commissioners. These are the proposed agenda changes for the Board of County Commissioners' meeting of April 25th, 2017. The first proposed change is to add Item 16H1 to your agenda. This is a proclamation designating May 4th, 2017, as National Day of Prayer. This is added at Commissioner McDaniel's request. The next proposed change is to add Item 11E to the regular agenda this morning. This is a recommendation to ratify a Local State of Emergency Declaration signed over the weekend by the board chair in response to the wildfire conditions and also to impose a burning ban in accordance with county ordinance. It's at staff's request. We have one time-certain item this morning, Commissioners, that's Item 10A, and that's scheduled to be heard at 9:30 a.m. Your court reporter breaks are at 10:30 and, if need be, 2:50. Those are all the changes I have this morning, Madam Chair. April 25, 2017 Page 4 CHAIRMAN TAYLOR: And I promise our court reporter I'll be much better than I have been in the past to make sure you get your break when you do, because you are a hard working lady, and thank you very much. COMMISSIONER McDANIEL: How about the rest of us? CHAIRMAN TAYLOR: No. You guys can sit here and talk. There's the work. All right. So we -- MR. OCHS: County Attorney, ma'am. CHAIRMAN TAYLOR: County Attorney, any changes? MR. KLATZKOW: No changes. CHAIRMAN TAYLOR: Ms. Kinzel, any changes? MS. KINZEL: No; thank you. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: No changes and ex parte. CHAIRMAN TAYLOR: Commissioner Fiala? COMMISSIONER FIALA: Ditto; no changes and no ex parte. CHAIRMAN TAYLOR: I will again agree with that; no changes, no ex parte. COMMISSIONER SOLIS: No changes, no ex parte to disclose. COMMISSIONER SAUNDERS: Madam Chair, I have no ex parte. I do want to add two items, just for discussion purposes. CHAIRMAN TAYLOR: Okay. COMMISSIONER SAUNDERS: One is just a brief discussion concerning the setting of a meeting into October, perhaps, dealing with fire district consolidation, so I'd like to bring that up under Board of County Commissioners' discussions. CHAIRMAN TAYLOR: Okay. COMMISSIONER SAUNDERS: And the second is to -- I request the Board of County Commissioners to have a joint meeting with the Tourist Development Council in June, if possible, and I'll April 25, 2017 Page 5 explain the rationale for that. MR. OCHS: Madam Chair, those items would become Items 10B and 10C on your agenda. CHAIRMAN TAYLOR: You realize that Commissioner Fiala's going to have to become two people, right, in that meeting? COMMISSIONER SAUNDERS: And she's up to it, I can tell that. She's done it before. CHAIRMAN TAYLOR: So we'll have to have two chairs, and she'll move from one chair to the other in discussions. COMMISSIONER FIALA: I could sit in between them. CHAIRMAN TAYLOR: That's probably the best idea. All right. With those two changes, adding two items, one under fire consolidation, perhaps, meeting in October, and then a joint meeting with the TDC proposed in June. All those in favor, say aye. 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: It carries unanimously. April 25, 2017 Page 6 Item #2B and #2C MARCH 28, 2017 - BCC/REGULAR MEETING MINUTES AND APRIL 4, 2017 - BCC/CRA WORKSHOP MINUTES - APPROVED AS PRESENTED MR. OCHS: Madam Chair, that takes you to Item 2B, which is approval of the BCC regular meeting minutes from the March 28, 2017, Board of County Commissioners' meeting. COMMISSIONER FIALA: I make a motion to approve the meeting minutes from March 28th and the workshop from April 4th, the BCC/CRA workshop. COMMISSIONER McDANIEL: Second; second. CHAIRMAN TAYLOR: There's a motion on the floor and a second. All those in favor, say aye. 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: It carries unanimously. Item #4 PROCLAMATIONS - ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A April 25, 2017 Page 7 PROCLAMATION DESIGNATING MAY 2017 AS MILITARY APPRECIATION MONTH IN COLLIER COUNTY. ACCEPTED BY CHIEF WILLIAM CARL, PRESIDENT OF THE COLLIER COUNTY VETERANS COUNCIL; UNITED STATES ARMY VETERAN LUIS CHIRICHIGNO; UNITED STATES NAVY VETERAN WILLIAM KRUSCHEL; UNITED STATES AIR FORCE VETERAN SARAH COX; UNITED STATES COAST GUARD VETERAN SPENCER ROACH; AND LOIS BOLIN, BOARD CHAIR OF THE SOUTHWEST FLORIDA VETERANS ALLIANCE AND CHAIR OF KEEP THE SPIRIT OF ’45 ALIVE – ADOPTED MR. OCHS: That takes us to Item 4A this morning. This is a proclamation designating May 2017 as Military Appreciation Month in Collier County. To be accepted by Chief William Carl, President of the Collier County Veterans Council; United States Army Veteran, Luis Chirichigno; United States Navy Veteran, William Kruschel; United States Air Force Veteran, Sarah Cox; United States Coast Guard Veteran, Spencer Roach; Lois Bolin, Board Chair of the Southwest Florida Veterans Alliance and Chair of Keep the Spirit of 45 Alive; and Polly Crews, the oldest Gold Star mother in the State of Florida. If you'd all please come forward and receive your proclamation from the County Commission. (Applause.) COMMISSIONER McDANIEL: Are we allowed to go down and give them hugs? COMMISSIONER FIALA: Are we all going downstairs? Sorry. UNIDENTIFIED SPEAKER: We have some supporting veterans, if we could get them, who came to -- COMMISSIONER FIALA: Oh, that's good. April 25, 2017 Page 8 (Applause.) CHAIRMAN TAYLOR: What a blessing to have our military veterans with us today, and have so many, and then have so many to come up from our staff. You know, they touch our lives in so many different ways and so many positive ways. This was a real blessing this morning. Item #4B PROCLAMATION DESIGNATING MONDAY, MAY 8, 2017, AS CHILD WELFARE PROFESSIONALS DAY IN COLLIER COUNTY. ACCEPTED BY REPRESENTATIVES FROM YOUTH HAVEN, FRIENDS OF FOSTER CHILDREN FOREVER, AND THE CHILDREN’S NETWORK OF SOUTHWEST FLORIDA – ADOPTED MR. OCHS: Item 4B is a proclamation designating Monday, May 8th, 2017, as Child Welfare Professionals Day in Collier County. To be accepted by Meredith Chase representing Youth Haven; Jane Billings representing Friends of Foster Children Forever; Nadereh Salim representing Children's Network of Southwest Florida. If you'd please step forward and receive your proclamation from the Commission. (Applause.) COMMISSIONER FIALA: Thank you for all you're doing for the kids. CHAIRMAN TAYLOR: Would you be so kind to speak a little bit about what you do and kids in care and things like that after we do a photograph here. MS. SALIM: Good morning, everyone. I'm Nadereh Salim. I'm the CEO of Children's Network of Southwest Florida. We serve five April 25, 2017 Page 9 counties of Southwest Florida: Lee, Collier, Charlotte, Hendry, and Glades. We are responsible for taking care of all the children who have been traumatized by abuse, neglect, and abandonment. On any given month, there are over a thousand abuse reports received in our five-county community. Today we have 2,500 children under our care. About a third of those kids live in foster homes. And, obviously, this is no surprise, the number one factor in child abuse and removal of kids from their homes is opiate. It's really ravaging our communities. In Collier County, we have 370 children that we are responsible for. Those kids are either in the home of the parent under our supervision, receiving services and overcoming whatever brought them to our attention; another third of those kids are in the home of a kinship caregiver. These are relatives and nonrelatives that have been vetted to be sure that they are a safe alternative in lieu of staying home with the parents, and then we have kids in foster care. Obviously, our foster parents are a great asset. They're trained and background screened and, you know, loving temporary homes for these kids. Typically, children remain in the system for about 12 months to 18 months. Our goal is always to find permanency for these kids, and while they're with us, we try to support them. I know that Jane will probably speak in a minute about how they support the educational needs of these children with tutoring and a lot of things. And what we try to do is find a path to success that these kids don't fall back into the same cycle that their family has been in. And, again, thank you so much for your support. April is Child Abuse Prevention Month, so this is just doubly sweet to be here on both accounts, and thank you. (Applause.) MS. BILLINGS: I'm Jane Billings, Director of Foster Children Forever. Thank you for this today. April 25, 2017 Page 10 We, again, cannot do what we do without the case management naturae (sic), Youth Haven, the school system. We are a privately funded independent non-profit, independent of the welfare and judicial systems, but we work with everybody, and it's these partnerships that make the magic happen. Our focus is on the children that are in care and that they can succeed in school and believe in themselves and thrive and break this cycle of abuse. We are now, with our partnerships -- with case management, the school system, Youth Haven, we are providing a continuum of educational support for these children from zero to graduation. And we are off this week, in fact, with the faculty of FGCU because the results of what we're doing are proving absolutely amazing, and we are preparing this for a presentation. So thank you so much for today; thank you for your support; thank you. (Applause.) MS. CHASE: Thank you. On behalf of Youth Haven, I'm Meredith Chase, and I'm the Director of Development at Youth Haven. We are the only residential emergency shelter for children who have been removed from their homes due to abuse, neglect, or abandonment. Our kiddos range in age from 6 to 18 years old, and we currently are on a wait list with 50 children residing in our shelter right here in Collier County. We also manage children from the area surrounding counties. We work with these amazing ladies and their organization and the local county to help serve these children and get them to the path of healing and on to the next step so they can grow to be independent and giving back to the community. We are expanding currently, so we'll be adding several new beds over the next year, and we hope to be adding between 20 to 24 April 25, 2017 Page 11 additional beds in the next year, which will help relieve some of that wait list for us. So thank you all for what you're doing for us. It's an amazing, amazing month. CHAIRMAN TAYLOR: Thank you. (Applause.) COMMISSIONER SOLIS: Madam Chair, can I just make a comment? CHAIRMAN TAYLOR: Yes. COMMISSIONER SOLIS: I'd actually like to invite all of the speakers and their organizations. We're going to have a workshop on June 6th relating to mental-health issues and what's happening in Collier County on June 6th, and I would invite you all to come to that because, obviously, this is one of the components that we need to discuss as a community. COMMISSIONER McDANIEL: Excellent, excellent idea. CHAIRMAN TAYLOR: Great idea. Item #4C PROCLAMATION RECOGNIZING LOOS & COMPANY, INC. AS THE LATEST RECIPIENT OF THE WASTE REDUCTION AWARDS PROGRAM (THE WRAP AWARD) FOR CONTRIBUTING TO THE GREATER GOOD OF COLLIER COUNTY BY ADVOCATING THE “REDUCE, REUSE, RECYCLE” MESSAGE, THEREBY HELPING TO PROLONG THE USABLE LIFE OF THE COLLIER COUNTY LANDFILL. ACCEPTED BY MR. RICHARD WILLIAMS, GENERAL MANAGER, AND MS. AMBER TSELIOS, NEWSPAPER EDITOR – ADOPTED MR. OCHS: Item 4C is a proclamation recognizing Loos & April 25, 2017 Page 12 Company, Incorporated, as the latest recipient of the Waste Reduction Awards program for contributing to the greater good of Collier County by advocating the reduce, reuse, recycle message thereby helping to prolong the usable life of the Collier County Landfill. The award to be accepted this morning by Mr. Richard Williams, he's the general manager of Loos & Company, and also Kristi Bartlett representing the Greater Naples Chamber of Commerce. If you'd please step forward. (Applause.) COMMISSIONER FIALA: Is somebody going to speak? MR. OCHS: No, ma'am. COMMISSIONER FIALA: Is somebody going to speak? COMMISSIONER McDANIEL: Madam Chair, if we could, I would like for them to speak just because -- CHAIRMAN TAYLOR: Yes. COMMISSIONER McDANIEL: -- the efforts of this organization have been monumentous to our community with regard to the extension of the life of our landfill and such. CHAIRMAN TAYLOR: So tell us how you do it; give us your secrets. MR. WILLIAMS: Well, actually I've been with the company for 22 years as of last month. I've been working with the recycle program for 12 years. So within our facility, we're a manufacturing company for aircraft hardware, cable fittings, and the machinery that goes along with it. We have so many different avenues in our business as far as waste water, waste oil. We recycle everything that we can from paper, all the bottles, everything that we use, and we continue to implement new items every single week of things that we can keep out of the landfill and keep out of our water system. So it's been a long process, and we keep going every single day, so -- we try our best. April 25, 2017 Page 13 COMMISSIONER McDANIEL: Thank you. May I ask staff to come up and give a brief report about our efforts, if I can, either Dan or Dr. Yilmaz. I don't want to put them on the spot but -- yeah, I do. COMMISSIONER SOLIS: You don't want to, but you're going to. COMMISSIONER McDANIEL: I remember when these efforts started to transpire with our systems. And if you don't mind just sharing just a brief history of what we've done in the expansions and things that we have in place. MR. RODRIGUEZ: Absolutely. Good morning, Commissioners. For the record, Dan Rodriguez, your Solid and Hazardous Waste Management Division Director. It actually started over 15 years ago with great leadership, thanks to the Board of County Commissioners, our County Manager, Deputy County Manager, and our Administrator, Dr. Yilmaz. When we were actually running out of landfill airspace, there were less than five years of capacity remaining. We were putting tons and tons of material, construction materials, recyclables, sludge, some really bad stuff, gypsum board and, thanks to the Board of County Commissioners, you adopted a strategy, a 50-year strategy, as a matter of fact, that diverted those recyclables. You partnered with Waste Management and contracted with them to bring to our community the first single stream recycling program which removed recyclables. So you went from having less than five years of disposal capacity to about 64 years today. And thanks to the hard work, dedication of not only the residents and the businesses who recycle, but also the staff. If I could mention, Dilia Camacho, she's your Waste Reduction Recycling Manager, and Natalia there as well. She's a Recyclist as well. And, of course, Zach -- raise his hand. They're out in the communities every day. Zach has completed over 3,000 inspections this year alone of April 25, 2017 Page 14 businesses, so doing a great job, as well as our code compliance and education officers as well. They get out to the businesses to make sure they're recycling. So it's really about putting that plan together. We're getting the support of leadership to fund that plan because, without the funding of that resource, it couldn't come to pass. COMMISSIONER McDANIEL: Thank you, sir. COMMISSIONER FIALA: Dan, I know that residential recycling has been very successful. What do we have, over 70 percent participants in residential, but what about the commercial? I know it's been a little more difficult to get some of the businesses to recycle. Are you making any headway in that? MR. RODRIGUEZ: That's a great point. Thank you, Commissioner. You've been one of our greatest supporters for recycling, not only at the residential level, but business. Actually, this year we've raised our recycling rate, thanks to the residents, to 63 percent. Is that correct? Oh, 65. We went up 2 percent. See, it's growing already. So 65 percent, but, absolutely, the businesses are recycling much more than they were in the past. We had a recycling rate about 15 years ago of 13 percent and now, countywide, we're at 65 percent, which is incredible. COMMISSIONER FIALA: Oh, gosh, that's wonderful. MR. RODRIGUEZ: Yeah. The residents recycle more than the businesses because it's a little more convenient, but we're making great strides, thanks to your support and the leadership. COMMISSIONER FIALA: Thank you. COMMISSIONER McDANIEL: Thank you. COMMISSIONER FIALA: Thank you, everyone. CHAIRMAN TAYLOR: Thank you. MR. WILLIAMS: Thank you very much. (Applause.) April 25, 2017 Page 15 Item #4D PROCLAMATION DESIGNATING MAY 2017 AS BUILDING SAFETY MONTH IN COLLIER COUNTY, IN RECOGNITION OF THE CRITICAL ROLES PERFORMED BY LOCAL, STATE AND FEDERAL BUILDING OFFICIALS TO ENSURE THAT ALL CITIZENS LIVE AND WORK IN SAFE AND LIVABLE BUILDINGS. ACCEPTED BY KATHY CURATOLO REPRESENTING THE COLLIER BUILDING INDUSTRY ASSOCIATION, JAMIE FRENCH, RICH LONG AND CLAUDINE AUCLAIR REPRESENTING THE COLLIER COUNTY GROWTH MANAGEMENT DEPARTMENT AND KRISTI BARTLETT, REPRESENTING THE GREATER NAPLES CHAMBER OF COMMERCE – ADOPTED MR. OCHS: Item 4D is a proclamation designating May 2017 as Building Safety Month in Collier County in recognition of the critical roles performed by local, state, and federal building officials to ensure that all citizens live and work in safe and liveable buildings. To be accepted by Kathy Curatolo representing the Collier Building Industry Association, and Jamie French, Rich Long, Claudine Auclare representing the Collier County Growth Management Department. If you'd please step forward. (Applause.) MR. OCHS: Also, now it's time for Kristi Bartlett to join us. MS. BARTLETT: Thank you. MR. OCHS: Sorry, Kristi. I want you here for every proclamation. MS. BARTLETT: I know, I know. COMMISSIONER FIALA: That's all right. I can move around between people. You just stand there. I'll move. April 25, 2017 Page 16 MS. AUCLAIR: Good morning, everyone. My name is Claudine Auclair. I'm the Business Interim Manager for the Growth Management Department. And I want to say thank you to the commissioners and everyone in attendance for this proclamation today. We are very happy to accept this and with our community partners, CBIA, the Chamber, North Naples Fire and Rescue District, the Greater Naples Fire Department, and everyone who works closely with the Building Department. Excuse me. Building Safety Month is founded by the International Code Council and celebrated in jurisdictions worldwide every May. I'm sorry. I'm having throat -- this provides us an opportunity to develop public awareness to help individuals, families, and businesses understand what it takes to create safe and sustainable structures. The campaign reinforces the need for adoption of modern model building codes and a strong efficient system of code enforcement and well-trained professional workforce to maintain the system. During the month of May, building officials and representatives of the Building Department will visit communities around the county to promote Building Safety Month. We will be visiting with I-tech in Immokalee, the Lely High School construction academy, who will have public awareness for hurricane season, and a trade show in the Growth Management Department in May. Just think recently how these fires the past weekend in the Golden Gate Estates area, if there weren't any code in place, how would the fire and emergency be able to access those properties if we don't have planned roads and setbacks created on each of these parcels to provide safe access to those services? It's very important. That's why we have building codes and Land Development Codes. We would like to thank the community, the Commissioners, and everyone for this proclamation. Thank you. April 25, 2017 Page 17 (Applause.) MS. CURATOLO: Good morning, Commissioners. It is our pleasure, representing the Collier Building Industry Association, to collaborate with the great team at Collier County Growth Management. It is through our collective discussion and collaboration that we work together to make this a safe building community. So thank you for the recognition today. (Applause.) MR. OCHS: Madam Chair, if I could get a motion to approve today's proclamations. COMMISSIONER FIALA: Motion to approve the proclamation for today. CHAIRMAN TAYLOR: Do I hear a second? COMMISSIONER SAUNDERS: Second. CHAIRMAN TAYLOR: All those in favor, say aye. 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: It carries unanimously. Thank you. MR. OCHS: Thank you. Item #16H1 (Added per Agenda Change Sheet) PROCLAMATION DESIGNATING MAY 4, 2017 AS NATIONAL DAY OF PRAYER - READ INTO THE RECORD BY COMMISSIONER MCDANIEL April 25, 2017 Page 18 CHAIRMAN TAYLOR: And, Commissioner McDaniel, we do have a proclamation for the National Day of Prayer, if there's anyone here to receive it, or I can give it to you. COMMISSIONER McDANIEL: Well, I have copies of it over here -- CHAIRMAN TAYLOR: So we're set. COMMISSIONER McDANIEL: -- Madam Chair. We're set with it. I mean -- and we did move it on to the summary agenda and passed it. CHAIRMAN TAYLOR: Yep. COMMISSIONER McDANIEL: And I'd be happy to read it if you would like, or we could just make it a part of the record. Whichever you prefer, Madam Chair. CHAIRMAN TAYLOR: Would you read it, please. COMMISSIONER McDANIEL: Whereas, a National Day of Prayer was called for by the First Constitutional Congress in 1775 and was first established by President Abraham Lincoln in 1863, and in 1952 Congress unanimously voted to establish a National Day of Prayer. The day was made official when President Harry S. Truman signed it into law. Whereas, in 1988 Congress and President Ronald Reagan amended the law to designate the first day -- the first Thursday, excuse me, in May as National Day of Prayer; and, Whereas, most of the National Day of Prayers are geared at praying for the nation, government leaders, the president, congressmen, and local officials, there are large gatherings at the mall in Washington and in thousands of cities across America; Whereas, National Day of Prayer gives us an opportunity to come together as a community, much needed these days, and pray for our community, our nation, and our world; April 25, 2017 Page 19 Whereas, local events are held at Collier County Courthouse steps at 12 noon and at the Golden Gate Community Center at 7 p.m., as well as an event in Everglades City, and all are invited to attend. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County May 4th, 2017, be designated as National Prayer Day. CHAIRMAN TAYLOR: Thank you very much. MR. OCHS: Madam Chair, you have a 9:30 time-certain, and you also have a public petition item. Would you like to hear the public petition before your 9:30 item? I would recommend that we do that. CHAIRMAN TAYLOR: Okay. That's fine. Item #6A PUBLIC PETITION FROM MR. ANTHONY PIRES, JR., ON BEHALF OF THE VANDERBILT BEACH RESIDENT'S ASSOCIATION, INC., REQUESTING THAT THE BOARD DIRECT STAFF TO TIMELY PROVIDE NOTIFICATION AND ANY MATERIALS REGARDING APR-PL20170000623, BEACH BOX CAFÉ – DISCUSSED MR. OCHS: Item 6A is a public petition request from Mr. Anthony Pires on behalf of the Vanderbilt Beach Residents Association, Incorporated requesting that the Board direct staff to timely provide notification and any materials regarding applications from the Beach Box Cafe. Mr. Pires? MR. PIRES: Thank you, Mr. Ochs, and thank you, members of the Board. And there's not an S in my middle name. Somehow that showed up. But it's a P, but it's okay. MR. OCHS: Okay. April 25, 2017 Page 20 MR. PIRES: It's a first. I'm here representing, as I mentioned in the public petition, the Vanderbilt Beach Residents Association and others in the neighborhood of what's called the Beach Box Cafe, which -- we're in Vanderbilt Beach Road, including the Beachmoor Condominium Association, Sun Realty, Leslie Garlock and others. And as the Board's well aware, they've expressed concern in the past over administrative parking reductions being granted to the Beach Box Cafe in operation. Last year the Board denied an appeal by the Beach Box Cafe, and the county graciously allowed, and we appreciate very much the county allowing my clients to intervene in that lawsuit, and within a short time after the Court granted intervention, the lawsuit was dismissed by the Beach Box. And we also appreciate the Board last year directing staff to notify me when any decision was made on the then pending administrative parking reduction for Beach Box, because the major issue that's arisen, there's no informal notification process in your Land Development Code when an administrative parking reduction is granted. Theoretically, a property owner requiring 100 spaces could come into the staff and request 50 parking spaces and a reduction of 50 percent and be granted. There's a 30-day appeal time, and it's not notified -- notice is not sent to anyone. But this board, again, last year in April, graciously notified -- directed staff to say, listen, staff, please as to this -- the then pending APR, notify Mr. Pires on behalf of his clients so that they can, if they wish to, timely file an appeal or/and objection. And that happened. We had those issues last year. A new application was filed more recently, and was filed in -- a short time ago with regards to this, back in February, I believe, of this year, for another administrative parking reduction. And as a result of April 25, 2017 Page 21 that, I requested on behalf of my clients two things: One, that we be notified and receive copies of any submittals made in that application so we can track it. Because one thing I find out, that CityView portal is not always as current as we wish it would be to the public as a whole. Internally, it may be current, but to the public as a whole it's not. I found that in many instances of many applications. And the second request was that, consistent with this board's directive a year ago in April, it's just ironic, when the Board directed that staff notify me of any decision made on any APR for the Beach Box, we requested as part two that we be notified of any decision. We had received some communication from staff back and forth, but no assurances if either of those requests would be granted. I filed a public petition, and on the evening of the day I filed the public petition, Mr. French graciously provided an email saying that county staff will provide me a copy of any new application documents for an administrative parking reduction at this site location, Beach Box, if and when such information is submitted for processing. And, I guess, two things. One, it says, new application. It didn't address the pending application, which some people say it's withdrawn, some say it's canceled, some say it's rejected, but there's still a pending application. So there's one little twist on that, and we do appreciate that from county staff, very much, that that was provided. And I had a brief conversation with Mr. Casalanguida the same day, April 4th, and the communication from Mr. French. But part two has not been addressed at all, and the part two of the request was to notify me of any responses, any decision regarding any administrative parking reduction for the subject property including, but limited to, the one that's pending, rejected, canceled, or withdrawn. And that's what I'm asking the Board to do, to please direct the staff. We appreciate what you've done in the past. We appreciate what staff has done, but the neighborhood is consistently and constantly April 25, 2017 Page 22 concerned about parking at the Beach Box that overflows into the other areas. And it's been an ongoing problem for years. And in the long term you may wish to look at your Land Development Code and require notification of parking reduction requests with a certain threshold because of the impact that it has on the neighborhoods. And our request is also consistent with what staff has recently granted to North Collier residents concerning the Kalea Bay SDP where the staff assured numerous residents in North Collier that the Growth Management Department will notify them if and when a site development plan amendment for Kalea Bay is approved. This was just a month ago. So consistent with what the Board directed last year -- and I attached the minutes from that board meeting. I apologize for having you read all those boring minutes -- and consistent with what they're doing in others and consistent with our concern and the interest we have as aggrieved and affected property owners. And, again, we appreciate the county consenting to our intervening in the lawsuit to protect my clients' rights. We request the Board to have the staff notify us of any submittals, any responses, and any approvals or denials of any APR for what's called the Beach Box Cafe. Thank you. CHAIRMAN TAYLOR: Mr. Pires? MR. PIRES: Yes. COMMISSIONER FIALA: Yeah. Leo, are we -- can we just make that -- MR. OCHS: Your microphone, ma'am. COMMISSIONER FIALA: Oh, you mean that thing? That's good, excuse me. MR. PIRES: I do that all the time. COMMISSIONER FIALA: Leo, can we just make that motion, April 25, 2017 Page 23 or can we direct staff to follow through on that, or do we have to bring it back to another meeting or what? MR. OCHS: No, you don't have to bring it back, ma'am. COMMISSIONER FIALA: Okay. MR. OCHS: We're already doing it, and we'll continue to do it. COMMISSIONER FIALA: Oh, okay. Very good. MR. PIRES: If we have the assurance, similar to the last time, we appreciate it. COMMISSIONER FIALA: It's only the right thing to do. MR. PIRES: Thank you. COMMISSIONER FIALA: Thank you very much. Thanks for bringing it to our attention. Thank you, staff, for following through with it as we were hoping you would. Thank you. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. I would like to ask either our County Manager or County Attorney with regard to -- and, again, there's no effort here to thwart public notice or anything along those lines. But when the onus of notification comes back onto the county, I foresee a possibility, without -- to not have a central point of information dispersal. We do have a process in place for notification of upcoming events and so on. Now, I do agree, sir, with regard to the administrative, specifically with regard to the Beach Box -- and you've given us a specific point of notification, but if we make it a global effort, I'd maybe like to hear from Mr. Bosi or Mr. French with regard to how we can actually manage that process when that onus of notification comes back onto the county, so... MR. CASALANGUIDA: Commissioner, if I could maybe help you out a little bit, as I was part of GMD, as we dealt with some of this. I think you've got -- COMMISSIONER McDANIEL: Tell everybody what GMD April 25, 2017 Page 24 stands for. I know. MR. CASALANGUIDA: Growth Management Division, sir. COMMISSIONER McDANIEL: Yes, Growth Management Division. MR. CASALANGUIDA: You've got an administrative notification -- you've got an administrative process starting with issuing a building permit all the way to a public involvement for our neighborhood information meeting for a conditional use or Planned Unit Development. Right now your administrative reductions are not noticed. It's that level of service that you as the board, by policy, can set. The only concern is, you're going to draw that line somewhere in between that building permit to PUD public notification. If it's to add on administrative parking reductions or administrative architectural reductions as well, too, you're just changing that line a little bit. So right now we use the abundance of caution. If we know something's important to the public, staff uses some discretion to make sure that they're notified. But right now that notification is really held at that conditional use or land use level. And if you want to change that, that's a whole different discussion you want to probably have at a broader level. COMMISSIONER McDANIEL: That's the reason I asked. CHAIRMAN TAYLOR: Commissioner Saunders? COMMISSIONER SAUNDERS: Thank you, Madam Chair. I think it's -- I sort of agree with Mr. Casalanguida that you sort of go down a dangerous path if the county is responsible for providing notification of things. Then that puts the onus on us, and I don't know if there's any potential liability for that, but that would be a problem. This is a specific case. And the County Commission has done this in the past for this particular issue. It's affecting a lot of neighbors directly, and so I support having staff notify Mr. Pires wherever there's April 25, 2017 Page 25 an application or whenever there's any action on an application but not to open up the whole process to other applications. This is unique. And I'd like to suggest that we limit it to that. And I don't think there's been a problem other than in this particular circumstance. COMMISSIONER McDANIEL: And I don't think we can -- we really can't vote on anything other than giving direction to staff to make adjustments or bring back language to the LDC with regard to the notice process. And then we can formally have a public discussion at that stage of the game. But I agree with Commissioner Saunders as well. CHAIRMAN TAYLOR: Commissioner Solis? COMMISSIONER SOLIS: And I agree with what both my colleagues have said about that. But I do have one question, and that is Mr. Pires had mentioned that -- you called it the CityView portal? MR. PIRES: Yes. COMMISSIONER SOLIS: -- is not updated as quickly as possible. Because I can see the issue is if the burden is on the neighbors to keep track of things and there's a 30-day time limit then -- for an appeal, then how long it takes from filing for that to be up there is a concern. So are we doing everything we can to make sure that that's updated as frequently as possible? MR. FRENCH: Good morning. For the record, Jamie French. The CityView portal is in real time. COMMISSIONER SOLIS: Okay. MR. FRENCH: Unfortunately, when an application comes in and it's in paper form, in the event that it has to go through a process to be digitally transformed into an imagine, that does take a little bit more time. We are currently not processing 100 percent of our land use documents, like we are building, and using digital imagery. We are slowly transferring towards that. And I would say we're probably at April 25, 2017 Page 26 about 60/40 digital versus not; however, all review activity, 100 percent of the review activity, is available online. So if that plan reviewer does a review, whether it's a rejection comment or pass/fail, you're able to see it as soon as they -- they click a button and it says, show, and it's done. COMMISSIONER SOLIS: Great. MR. FRENCH: But it's in real time through the portal. COMMISSIONER SOLIS: Thank you. And that's -- I think it's important for the neighbors and just the public in general to realize that that is all online, and there needs to be some effort put into monitoring -- if something's very important, that it can be monitored. So thank you for that explanation. MR. FRENCH: Yes, sir. MR. PIRES: Thank you. So I appreciate the Board's direction to staff, and I appreciate -- again, appreciate working with the staff in the past on this. And it's good seeing you all. It's been a while. CHAIRMAN TAYLOR: Thank you. Item #10A IDENTIFICATION OF COUNTY-OWNED LAND TO BE PLACED INTO A LAND TRUST, APPROPRIATELY ZONED AND DESIGNATED FOR DEVELOPMENT OF HOUSING THAT IS AFFORDABLE - MOTION FOR STAFF TO GIVE THE STAKEHOLDERS COMMITTEE A LIST OF ALL COUNTY OWNED PROPERTY TO REVIEW AND BRING BACK WITHIN 60 DAYS – APPROVED MR. OCHS: Madam Chair, that takes us to your 9:30 time-certain hearing this morning. It's Item 10A. This is a recommendation to consider identification of county-owned land to be April 25, 2017 Page 27 placed into a land trust appropriately zoned and designated for development of housing that is affordable. Commissioner Taylor, I believe this was your item. CHAIRMAN TAYLOR: Yes. Thank you very much, County Manager. We had a discussion about this at our last meeting, and I'd like to bring this forward, not specifically for the money that might or might not be forthcoming from the State, but in the spirit of starting the process by which we, as a county, take a leadership position in this whole question of affordable essential services, whatever you want to call it, kind of housing, but the housing for those who are cost burdened. I think it's very important that we take this first step, not that we shoulder the entire responsibility for it, but that we show the community that we are serious about this process. In that spirit, we do have properties that the county owns. I do not think we have to put 60 acres away from one parcel, but there are opportunities, I think, within what the County Manager has given us to look at specific sites to see if there is 10 acres or more that we could set aside understanding the ramifications of it. So that's where I am right now. And I think what I'd like to do -- before we begin, I'd like to ask our chairman of our stakeholders committee for affordable housing to come and speak to this. MR. HRUBY: Good morning, Commissioners. For the record, I'm Stephen Hruby. I Chair the Affordable Housing Commission. This is an agenda item that is -- was a high priority in the ULI report that we vetted here several months ago. They believe that a land trust -- public land trusts are a key element to reducing the cost of developing workforce and affordable housing. It does a number of things. It's really a really good public/private partnership element. It does several things. One, it takes out of the April 25, 2017 Page 28 equation one of the highest cost elements of developing affordable housing, and that's the cost of land, and particularly here in Collier County where land costs are so high, and finding greenfield or a sizable site to develop it is very difficult, particularly in the more urban developed area. Second of all, if it's properly zoned, if it's already zoned for affordable housing, it does another thing. It allows us to give that developer or that development community certainty, which is one of the things that I've heard over the past decade from the development community, the lack of certainty in this county when they move forward for an entitlement. If the land is already zoned properly, entitled properly with the proper density, their certainty is there. It will move quicker, and it takes another element of cost out of that equation, and that's the cost of getting the entitlements in place. On our benefits side is the fact that this is publicly owned land, and it will remain in perpetuity publicly owned land and leased back to -- whether it's the multifamily or single-family development, it's leased at a very nominal $10 a year, $100 a year, whatever it is, amount. That ensures -- in kind, what that ensures is that land in that development on that land will remain affordable in perpetuity or for a specific period of time that is allocated to the ground. So it isn't that we're giving away land. What we're using is to leverage that land in matching private investment to develop the property and ensure that that improvement is going to remain affordable over time. So I think those are the key elements of a land trust. CHAIRMAN TAYLOR: Commissioner Saunders? COMMISSIONER SAUNDERS: Thank you, Madam Chair. When this came up, or not this exact issue came up a couple weeks ago, I'd expressed concerns because we were trying to meet a deadline of September 1 to have a piece of property identified and rezoned, and April 25, 2017 Page 29 it was pretty obvious that that was going to be an impossible task. I think this is a very sound step. I want to congratulate you for putting this on the agenda, because I think this is the way to approach it, identify parcels that might be appropriate, and then go through the rezone process, because it will take us some time. And so I applaud you for putting this on there, and I support your effort. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: And I want to just maybe ask staff and -- first off, Stephen, it is housing affordability. You're stuck in the old -- MR. HRUBY: I'm stuck in the old -- COMMISSIONER McDANIEL: Affordable housing. I saw a whole bunch of people flinching out there when you said affordable housing. CHAIRMAN TAYLOR: Especially our colleague to our right. COMMISSIONER McDANIEL: Correct. So housing affordability. If there's one message that came from ULI is the vernacular shift that's required. And that leads me to the subject matter why I hit my button, Madam Chair, and that is in the executive summary it talks about targeting an aspect of our community called workforce housing. And if that -- if that -- that's not -- that's not the target issue that we have in our community. We have a housing affordability issue. We have statutory definitions of affordable housing, of workforce housing, and they're not necessarily inclusive of a target marketplace that we're looking to offer up assistance on. And I read it in the executive summary. And I'm in support, Madam Chair, of the effort in what we're doing. It's just, if -- I don't want us to head down a path without -- or in advance of our staff coming back to us with specificities on the definitions of what we're looking to do to offer up assistance. April 25, 2017 Page 30 CHAIRMAN TAYLOR: Okay. COMMISSIONER McDANIEL: It says it -- CHAIRMAN TAYLOR: Designated for development of housing that is affordable. COMMISSIONER McDANIEL: Right. Well -- and in the third, fourth paragraph down, the goal is to identify a parcel of land currently owned by the county to be the first -- to be first placed in a trust and then ensure the property's properly zoned and marketed for workforce housing development. That's -- that made me put notes when I was reading our board package this weekend. And, Leo, or excuse me, Mr. Ochs; forgive me -- MR. OCHS: Yes, sir. COMMISSIONER McDANIEL: -- does the language in the executive summary dictate policy that is contrary to what our ultimate efforts are going to be in advance of the full report from the ULI and our affordable housing -- housing affordability committee? MR. OCHS: I don't think. COMMISSIONER McDANIEL: Okay. Then I'll move -- well, do you want to move for approval for your -- CHAIRMAN TAYLOR: Well, I think -- how would you suggest -- how does staff want us to suggest to move forward? Because I do think we need to move forward, not for a September 1 deadline, but we need to move forward. MR. OCHS: Well, my suggestion would be that we vet this list with both your Affordable Housing Advisory Committee and your appointed stakeholders committee that's working on your community housing plan. CHAIRMAN TAYLOR: Okay. MR. OCHS: They have some criteria, I think, in mind, based on the guidance that came out of the ULI report, where you look for locations that have access to public transportation that are around April 25, 2017 Page 31 employment centers. If we use those kinds of criteria based on, you know, the committee's vetting, we might be able to come back with two or three or four top locations we can then bring back to this board for a final decision, if that works. MR. HRUBY: Commissioners -- Commissioner, I'd like to interject. Our stake -- we have broken down our stakeholder group into subcommittees. And I am facilitating a subcommittee on this very issue. So we have a group of about eight people who are focusing on looking for best practices, ways of implementing a land trust, and beginning to vet some of the properties that we're talking about. One of the things in the last meeting's discussion that we discussed, it was the use of this land and saying, wouldn't it be wonderful if -- when we have a park, if we don't -- if we have several acres of that park surrounded where we have -- where we have housing that's affordable around it; we have a school, a school property, and we take several acres and we create housing for those teachers and those people working in the school. When we build an EMS or a fire station, wouldn't it be nice to be able to have some housing on that same property? So one of the suggestions I think you're going to get from my committee is that we begin to look at our acquisition of land and our allocation of land resources with a priority for housing embedded in it. You know, when you're buying a piece of ground for water retention along a highway, if we buy an extra five acres, wouldn't it be nice to have a piece of housing around that retention area? COMMISSIONER McDANIEL: Do we have to put the houses up on stilts? MR. HRUBY: Depending on whether we do the floodplain and how much we're going to get rain in the next season, yeah. CHAIRMAN TAYLOR: So you're saying that five acres is not too small? April 25, 2017 Page 32 MR. HRUBY: No. Actually, we've had this discussion. We can do anywhere from three acres up. Three acres is not -- I know the 10-acre limit is for the SAIL program. But a three- to five-acre plot, for tax credit -- for instance, for tax credits, the number of units you're going to get in tax credits, a three- to five-acre parcel is perfectly adequate. We don't need 10, 15 acres. You could do several three- or five-acre parcels nestled into a smaller tract of land. So, you know, we shouldn't be limited by that 10 acres. CHAIRMAN TAYLOR: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yeah. Have you done the study yet as to what categories are, sadly, not filled, and who then -- we read about it all the time in the paper that they have to drive to Fort Myers. You read about reporters, for instance, who have to live in Fort Myers. You read about, especially, the Sheriff's Office, people that have to live in other areas because they don't qualify for the low-income housing here, which is your affordable housing that you're talking about. Are we going to try and fill that gap? That's something I've been banging the drum about for a long time. We're not filling that gap. MR. HRUBY: That's a huge gap. That is a huge gap. And it's not only your service providers and your first responders. It's your young professionals. COMMISSIONER FIALA: Right, exactly right. MR. HRUBY: It's your young lawyers. It's your young engineers. It's your young architects. It's your young medical professionals who are just burdened with their college debt moving into the area, and they can't even afford to rent an apartment if it's available, so they're commuting. If we want to retain our intellectual property, our youth, and we want this community to have a diversity, an age diversity, we need to be able to provide that. COMMISSIONER FIALA: That's what I was -- that's what I was April 25, 2017 Page 33 referring to. But are you targeting that? Are you -- MR. HRUBY: Yes. COMMISSIONER FIALA: -- going to try and fill -- MR. HRUBY: That's going to be one of the focuses of how we -- we're looking at diversity of housing all the way from, you know, very needy to seniors that are in need. So it's a diversity over a spectrum of age, a spectrum of income, and housing typologies that we need to produce. It's not just one or two segments. As ULI said, housing affordability affects everyone in this community. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: And I just would like to echo that. You know, we've talked about housing affordability in our community for a long time. There's not one magic sword that's going to fix it all. And I think the suggestion that's being brought to us is a really good step in the direction of what we need to do. We're not going to be able to cure the housing affordability issue all in one swipe. We're not going to be able to create one place that has that designation to support the community and the needs that we have. And the efforts that are ongoing, the continuing study of the ULI, the definition of that population where we have -- where the issue has, in fact, transpired, where employers, our County Manager, the Superintendent of Schools, our Sheriff, our hospitals are having difficulty in hiring people and then allowing -- or having a place for them to live within our community. I believe that Commissioner Taylor's recommendation here for the moving of these properties over into the trust is the beginning of that process for us to start to identify some of the things and add some certainty along the lines of affordability as we go through this process. COMMISSIONER FIALA: Arthrex; they've been saying they can't find housing for people. April 25, 2017 Page 34 COMMISSIONER McDANIEL: Arthrex is -- I mean, we've got an issue. There's no argument that there's not an issue within our community. And I have said this quite regularly, the folks that are working here and not living here, a lot of that transpired in the last real estate boom that we had and the excessive cost -- God bless you -- and the excessive costs that were associated in construction at the time which caused economic infeasibility and people to not live within our community. What we don't want to have is the same conversation 10 years from now about that -- about a population that can no longer afford to live here. MR. HRUBY: One other element. And best practice across the country is how public sector can use its assets, its influence, and its policy to leverage that asset into greater investment by the private sector. It becomes a public/private partnership. It's not the role of government to provide this and do it, but what it is, is to use its influences and its resources to leverage private investment to solve that problem. COMMISSIONER McDANIEL: In many different avenues. It's -- MR. HRUBY: Multiple, multiple avenues. COMMISSIONER McDANIEL: It's an opening up of a discussion about innovative zoning criteria that we can implement in place, incentivization for the redevelopment of the communities that we already have. As Stephen talked about, siting housing within the projects -- not projects, but within development that is coming forward to have housing on site to actually house the work -- the workers that are there. CHAIRMAN TAYLOR: Inclusionary zoning. COMMISSIONER McDANIEL: Well, not per that definition. It's an incentivization process. April 25, 2017 Page 35 CHAIRMAN TAYLOR: Yes. COMMISSIONER McDANIEL: It's not a dictatorial process. CHAIRMAN TAYLOR: Inclusionary. COMMISSIONER McDANIEL: That's one of the issues I have with inclusionary zoning is it oftentimes gets dictatorial. I'm looking for incentivization. CHAIRMAN TAYLOR: Right. Well, on that note -- COMMISSIONER McDANIEL: I'll second your -- CHAIRMAN TAYLOR: -- I'll segue into something else. And just so that everyone knows, the -- and Commissioner Saunders can probably verify this, but at this point the House has no money in the budget for SAIL; the Senate does. They're going to make some decisions in the next couple of weeks. But the interest -- there is a contract on the Serus Point property which will require us to look at it for rezoning. And we need to do this sooner than later because at this point, I understand, either the developer is going to be using SAIL money if it comes forward, or he'll be using housing tax credits. There's another way which is more developer -- not my area of knowledge except to say there are two ways, but there is a contract on this property, and they will honor the workforce housing component of that particular development. So we need to move ahead to start rezoning it. And I understand the developer has sent his request to Kim Grant. I would respectfully request that we start looking at this at our next meeting and start the process. And it was 108 units. COMMISSIONER FIALA: Yes. How many are supposed to -- and what price category, or is it going to be inclusionary zoning type? CHAIRMAN TAYLOR: It will be inclusionary zoning, and at this point, I guess, Ms. Grant will come forward with the details on it. COMMISSIONER FIALA: And we'll remember the lesson we learned with the last one that was just down the street from that, right? April 25, 2017 Page 36 CHAIRMAN TAYLOR: Which was? COMMISSIONER FIALA: Down the street from that, same thing. Well, we'll talk about that another time. CHAIRMAN TAYLOR: Okay, okay. But there -- right now it's, for instance, zoned three stories above parking. They don't want -- they don't want parking underneath. They want parking at the same level. So there's modifications to this document that must be in place in order for them to present this for that process of housing tax or SAIL. And SAIL money, by the way, now, apparently end of October is when they will -- everyone will be getting their applications in. So we do have some time. MR. HRUBY: Anything else? CHAIRMAN TAYLOR: No. MR. HRUBY: Any other questions? CHAIRMAN TAYLOR: That's it. MR. HRUBY: Thank you. CHAIRMAN TAYLOR: Oh, I'm sorry. Mr. Solis, yeah, Commissioner Solis. COMMISSIONER SOLIS: I would like to mention, in relation to solving this very complex issue -- and I agree with everything that everyone has already said -- that this is going to require a lot of different efforts from a lot of different angles, I think, to make a difference in this. And I would just like to urge staff to -- in looking at the different items that the Board came back from the ULI report and said we wanted staff to look at -- and it goes to what Commissioner McDaniel was saying, I think this issue of allowing activity -- the owners of the activity center properties to come back and add some housing that would be affordable into those activity centers where there's already transportation, there's already services there. I think that's going to get a lot of traction in the community, at least from my discussions on that. April 25, 2017 Page 37 And I would really like to see that move forward, because I think that is the kind of incentivization that we need to provide for the landowners. I mean, if you've got a commercial PUD; it's built out. You've got your rent revenue coming in. If you can, you know, open that up and then create some more revenue from that by providing affordable housing -- COMMISSIONER McDANIEL: Housing that's affordable. COMMISSIONER SOLIS: -- I'm sorry, housing that's affordable, then, you know, I think that's going to get some traction, and I hope that that's on the forefront as well, because I think this is certainly the first step. But that's another way, I think, to really bring that forward. CHAIRMAN TAYLOR: Great. Wonderful. COMMISSIONER McDANIEL: One last thing. I did have my light on. You shut it off. That is -- am I allowed to speak? CHAIRMAN TAYLOR: Yes. COMMISSIONER McDANIEL: Okay. Not all of the county-owned land is on the list. And I would like to make a suggestion that we include all of the county-owned land onto the list and allow the vetting processes to go through determining, based upon what the Board has given as criterium locations, potential locations, to be vetted through the public process, both the subcommittees, the affordable committee as well, and just exclude or include, but have every piece of property that we own on the list. Somebody picked this list. It doesn't have everything that the county owns on it. MR. HRUBY: I made the same comment, Commissioner. COMMISSIONER McDANIEL: Really? Two good ideas right at the same meeting. COMMISSIONER FIALA: So did I. COMMISSIONER McDANIEL: Is that too arduous of a task, County Manager? April 25, 2017 Page 38 MR. OCHS: No, not at all, sir. I'm assuming you don't want Conservation Collier properties. COMMISSIONER McDANIEL: Why not? I'm joking. I'm joking. MR. OCHS: So we will try to be a bit selective based on -- COMMISSIONER McDANIEL: Oh, yeah. Don't joke about that. Sorry about that, Commissioner Saunders. CHAIRMAN TAYLOR: Okay. MR. OCHS: So we'll vet this with the AHAC and your stakeholders group -- CHAIRMAN TAYLOR: Wonderful. MR. OCHS: -- and get it back to the Board with some recommendations as quickly as we can. COMMISSIONER McDANIEL: And update the list to include -- CHAIRMAN TAYLOR: So, as always, I will ask for some kind of time frame. MR. OCHS: Well, 60 days? CHAIRMAN TAYLOR: Does that give you enough time, sir? MR. HRUBY: Absolutely. CHAIRMAN TAYLOR: Before we break. Wonderful. All right. Thank you. COMMISSIONER McDANIEL: Do you want a motion? CHAIRMAN TAYLOR: Yeah. Would you like a motion? I think that would be helpful. COMMISSIONER McDANIEL: It's your -- CHAIRMAN TAYLOR: I think it would be helpful to have a motion so that we clarify the discussion. COMMISSIONER McDANIEL: You want to make the motion since you brought it forward? CHAIRMAN TAYLOR: Yes. That -- I'd like to make a motion that we ask staff to give to the stakeholders committee all the available April 25, 2017 Page 39 sites in Collier County that we own for their vetting for housing that is affordable and that that issue comes back to us within 60 days. You notice I said "within." Certainly before we break. COMMISSIONER McDANIEL: Second. CHAIRMAN TAYLOR: Okay. MR. MILLER: Madam Chair, I do have a public speaker for this item. CHAIRMAN TAYLOR: All right. Very good. MR. MILLER: Peter Gaddy. MR. GADDY: I'll waive, Madam Chair. CHAIRMAN TAYLOR: All right. Thank you. All right. There's a motion on the floor and a second. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: Okay. It carries. It's unanimous with one absent vote. MR. HRUBY: Commissioners, thank you for your support. CHAIRMAN TAYLOR: Thank you. And then just as another aside -- COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Now it's unanimous. CHAIRMAN TAYLOR: I'll accept that. It becomes very unanimous. I'd like to see, County Manager, if we could bring back -- Ms. Grant, do you want to speak to this about what the developer -- potential developer of Cirrus Point has given you, and would you be able to come back to us? April 25, 2017 Page 40 MR. OCHS: Madam Chair, there's a rezone process -- CHAIRMAN TAYLOR: No, but I would think that we -- MR. OCHS: -- that's going to have to be followed. CHAIRMAN TAYLOR: We would -- okay. So we would not discuss it first? Then that's my -- MR. OCHS: I would recommend that you don't. CHAIRMAN TAYLOR: Okay. Oh, I got a dark look from our County Attorney here. I'm sorry. I didn't understand that. COMMISSIONER McDANIEL: Both of your bookends are -- no. CHAIRMAN TAYLOR: Okay. So there's a process by which -- very good. MR. OCHS: Thank you. CHAIRMAN TAYLOR: Thank you very much. But let me assume that we'll start that process, sir. MR. OCHS: Well, as soon as the applicant files, we'll start. CHAIRMAN TAYLOR: That's great. Thank you very much. Item #9A ORDINANCE 2017-13: AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES PROVIDING FOR THE INCORPORATION BY REFERENCE OF THE IMPACT FEE STUDIES DATED OCTOBER 10, 2016, ENTITLED, “COLLIER COUNTY EMERGENCY MEDICAL SERVICES IMPACT FEE UPDATE STUDY”, “COLLIER COUNTY LIBRARY FACILITIES AND ITEMS/EQUIPMENT IMPACT FEE UPDATE STUDY”, “COLLIER COUNTY GENERAL GOVERNMENT BUILDINGS IMPACT FEE UPDATE STUDY, AND THE “COLLIER COUNTY LAW ENFORCEMENT IMPACT FEE UPDATE STUDY”, AND THE IMPACT FEE April 25, 2017 Page 41 STUDY DATED DECEMBER 21, 2016, ENTITLED WATER AND WASTEWATER IMPACT FEE STUDY”; AMENDING THE ASSOCIATED RATE SCHEDULES TO REFLECT THE REVISED RATES SET FORTH IN THE STUDIES WITH AN EFFECTIVE DATE OF MAY 1, 2017, FOR ALL RATE DECREASES AND A DELAYED EFFECTIVE DATE OF JULY 24, 2017, FOR ALL RATE INCREASES, IN ACCORDANCE WITH THE 90-DAY NOTICE REQUIREMENTS SET FORTH IN SECTION 163.31801(3)(D), FLORIDA STATUTES; AND PROVIDING FOR REMOVAL OF THE SUNSET LANGUAGE FOR THE IMPACT FEE PROGRAM FOR EXISTING COMMERCIAL REDEVELOPMENT – ADOPTED MR. OCHS: Madam Chair, that takes us to Item 9A, this is a recommendation to approve an ordinance that updates a number of your Collier County impact fees. And Ms. Amy Patterson will make the presentation. Commissioners, just to remind you, this was an item that was previously presented to the Board. At the time it was presented Commissioner Solis was not in attendance at that meeting, and the Board asked that we defer a final decision till we could come back and re-present the items with the commissioner here. MS. PATTERSON: Good morning. Amy Patterson for the record, Director of Capital Planning, Impact Fees, and Program Management. We've before you two items, one dealing with our impact fee updates and then the second we'll get to next, which relates to the indexing of four additional fees. As County Manager Ochs indicated, this is the second reading of this item. We were here before and made some presentations. I do have our consultants here both for water and sewer and for the other April 25, 2017 Page 42 impact fees. We have presentations ready if you'd like us to go through those, or if you want to go immediately to questions, we can go forward at your pleasure. COMMISSIONER SOLIS: And I'll just say I appreciate the commissioners bringing this back. I would like to see the presentation, with everyone's indulgence. I know you've already been through it before, but maybe at least an abbreviated version of it would be helpful. MS. PATTERSON: Sure. At your pleasure, we'll start with the water and wastewater impact fees, and we have Mr. Rob Ori here from PRMG. With that I'm going to turn it over to him. MR. ORI: Thank you. For the record, my name is Robert Ori. I'm the principal with Public Resources Management Group. And I'll do an abbreviated presentation for you regarding the water and waste water impact fees. I'll just let you know that we did present the findings and the studies before the Development Services Advisory Committee subcommittee back in January 20th this year. And then that was presented on March 1st, 2017, to the full committee, and they voted to accept the study and the corresponding fees, as you know. The purpose of the fees, and you'll probably hear this probably several times today, is to probably have growth pay for growth, so to speak. And Collier County, on the water and waste water system, has been relying on the use of impact fees since 1998 as a financial resource to fund infrastructure needs of the county and its utility system. Again, it's responsible for growth paying for growth, and that shifts the burden away from existing ratepayers to fund the growth-related expenditures. In addition, by having this financial resource, the county then can apply its funds from existing ratepayers to, obviously, renewals, replacements, capital improvements, whatnot. And if you look, the April 25, 2017 Page 43 district today, or the water and sewer system, is a triple A rated utility, one of the few in the state that has achieved that. And it's an indication of the credit risk, management of the utility. It's very impressive what you're doing. And the impact fees, as a pledge -- is a revenue pledge toward the payment of expansion-related debt, so it all kind of links together in terms of this financial picture for your utility system. The method we utilize to develop the fees is called the system buy-in method. We basically looked at the installed infrastructure costs of your system today. We did consider your 10-year Capital Improvement Program in developing the fee. But, really, the primary focus was actually the installed costs, what's been incurred to date. We also looked at what's called your level of service equivalent residential connection, and that is 325 gallons per day for water, 225 gallons per day for sewer. That's consistent with your master planning assumptions, your capacity planning assumptions, and continues with the prior fees. It's very common level of service in the industry and in South Florida as well. To give you an idea of the fee recommendations, you can see in this chart, the existing fees for water and sewer total about $5,115. We're recommending a just slightly under 3 percent increase, about $148 to 5,263. There is a slight shift: Water comes down a little bit; sewer rises a little bit based on the installed infrastructure costs. But that 3 percent, if you think about it, that's kind of equivalent to about the rate of inflation published by Engineering News Record on construction cost. So it kind of fits right in there, a very minor change, I'd say. It's probably more of an update due to the fee. In terms of comparability, although there's a lot of reasons why fees are different, as you can see in this chart, the yellow and green is the existing proposed fees. There's really no change in comparability. It's very similar to high-growth counties with new infrastructure: Sarasota County, Lee County, and whatnot. Also there's several other April 25, 2017 Page 44 utilities on here that are looking at impact fees. Example, Hillsborough County. They know their fees are low; they're looking at them. Englewood water district's another one looking at fees. So it's basically business almost as usual, so to speak. What we would recommend to the Board is that you adopt the proposed water/waste water fees as presented and as approved by the DSAC committee. We find them to be reasonable, meet the criteria established by case law and the Florida Impact Fee Act, and then I would open up for questions or additional details if you'd like. CHAIRMAN TAYLOR: Commissioner Fiala? COMMISSIONER FIALA: Yes. Thank you very much. It's interesting you're the first to report, but there are going to be more. Yesterday at the Tourist Development Council meeting, one of the people on the TDC board said -- they said -- well, he said, you know, you've got to start planning for the future, you know. If you don't plan for the future, you won't have anything in place. And I then explained, that's exactly what we're doing, and that's what this impact fee stuff is all about. If we don't plan right now and start building our infrastructure for the future, we're going to be caught short, and then it will be very difficult and very high priced to catch up, so I'm glad -- I just wanted to add to it. Also -- let's see. Speaking of impact fees, just simply, if you want to start a new business and, gosh, you're starting it on a shoestring, right, and you can't afford an impact fee, you know, you just buy a building that's already sitting there. They've already paid the impact fees. You don't have to pay them again. So there are ways that you can avoid them just by -- same with a house. You know, once they're paid, they're paid. So those are two important factors that we have to think about as well. MR. ORI: That's correct. MR. OCHS: Madam Chair, would you like us to proceed with April 25, 2017 Page 45 the rest of the staff presentation? CHAIRMAN TAYLOR: Commissioner Solis, are you -- COMMISSIONER SOLIS: I'd like to hear them all, then -- I think I'll have some questions, but I'd like to hear the whole thing. MR. ORI: Very good. Thank you. MS. PATTERSON: Okay. We have Mr. Steve Tindale here from Tindale Oliver, and he's going to take you through the remaining impact fees, and I'm going to pull his presentation up here. MR. TINDALE: Good morning. I'm Steve Tindale with Tindale, Oliver & Associates. I do have Nilgun Camp, the Director of our Public Finance and Facility Planning. And during the Q&A, she may be answering most of the questions. I'll give you the big picture, more of the strategic information. I'm not sure which button I need to push here. Down? I'm going to give you a very, very brief background why we have the fees, some of the findings, and some of our conclusions. The four we're bringing up to you is Emergency Medical Services, government building, law enforcement, and libraries. I believe you have, like, nine or 10. We basically update all the variables that affect the fee and the rates. And I'd like to highlight, at least for impact fees, the new state legislation moved the burden from us being -- vetting this and being very careful with it. It used to be public agencies could do kind of what they want to do, and the private people had to prove that we were wrong, and now we have to prove that we're right. So we do go through quite a bit of leaps in terms of trying to meet the new state statute. When we're doing impact fee studies, I'm the one that keeps asking where are we headed, what does it look like, and does it make sense. What I did here is showed you the 2005 time period where we looked at information. If you look at that point looking backwards, 2010 was a crazy, silly time period. We had run up, and everything April 25, 2017 Page 46 was crashing, and we were trying to estimate the future, and that whole decade -- we had about a 10-year period; that decade's very difficult to use for long-term planning. We took those two time periods, just looked at the just value in this county, and from those two time periods, you matched up. You had the -- you were run up by the crash, and since that 2010 study, just to justify the use, which is land values and building values, have gone up 25 percent in this county. So given that, when we started doing the update, I had a sense that these fees we're doing, which are very building related, land related, et cetera, were going to be fairly substantial just from looking at those numbers and the changes that we've been through, and they were pretty substantial. And what we'd like to do is tell you our conclusions, and then I'll briefly tell you how we got there. We have some fairly significant conclusions. The government buildings, law enforcement, libraries were in that 7 to 30 percent range, very reasonable; what I had kind of expected. Emergency Medical Services for the residential, and I'll explain, that was the only one that I thought was outside that -- an outlier, and we'll talk to you exactly what we did; whether the change in the designation of residential land uses that had the effect on that. How we got there in terms of the fees: We have the fees to maintain level of service. Also we have -- I think I've been working with you for 27 years, and this is the best county in the world in terms of quality of service and what you've done. And I always tell your County Manager, I think you're first in income, about fifth in wages, and I just drive down and look at the roads, and it's just been really a pleasure working with the county that's growing what you've grown. And you are a fast-growing county. Growth rates have a lot to do with the impacts. It's not just growth. It's the rate of growth. April 25, 2017 Page 47 So we calculate that cost. We look at -- it's very useful for dealing with -- when you have potential development that's growing very fast, needed during the high growth rate. You're permitting right now, and check, you're ninth in the state in the rate of permitting. In terms of absolute growth, you're in the top 15, in terms of the growth itself. And just like everybody else, you've got limited funding and things that some of the passed-down legislation from the state's affecting you. It's a one-time charge that covers the cost for capacity, and it's basically to implement your Capital Improvement Program. The fees, basically the demand for each different type of land use, we have to, by law, give a credit. So if your tax revenues from capital were high enough and you're generating enough revenue for growth to pay out, the fee would be zero. So this is the differential between the real -- rate of capital costs versus the tax structure that's going to capital; not your overall tax structure, but the part you have available after all your maintenance to go to capital. And that fee, basically, is new growth minus new revenues that new growth generates. Our findings, we go through and we did the extensive part of this: The inventory, the facility, the cost, which is usually one of the big issues in trying to get to -- we usually use four or five sources to come up with cost. We have statewide cost, we have local cost, we have bid cost, we look at trends, we go through that quite heavily, and then your projected revenue and the demand component. And I'll remind you, the demand component we change for residential, EMS. And you're going to see by splitting it from one use to two or three uses, some of the uses vary quite a bit. Government buildings; the demand -- what's happened in this county is you are getting older, and I mention that to you all the time. You are aging. You've really got a lot of interest in some diversity and April 25, 2017 Page 48 changing that trend. It's an issue -- 40, 50 years in the future, but you've done a nice job with your income and wages as you've aged. So the person per household is trending downward, so the demand for most of the residential fees, you'll see the person per house going down. When we have a diverse fee, you have a little bit more employment and some other things going on. The cost per resident for the government buildings is up. We knew that was going to go up. We see all the trends going up fairly dramatically. So the net effect is about a 22 percent change in the fee itself for government buildings. What we did here is tried to give you some ideas in terms of the fee itself, the current adopted fee and the changes. You can see for the single-family home where your person per household has gone down a little bit, it's 22 percent, and then you'll see more of the 30 percent range for the nonresidential in terms of government buildings. We also tried to highlight some examples of other counties. Our calculated number is the 934, and you can see a range of anywhere from -- and you've got to be careful with those ranges. Some of those are only adopted at 20 percent. So if you take that 20 percent and triple it, it's more like 6- or $700,000. When we first got into government building fees, which were pretty novel, maybe 10 or 15 years ago we did an analysis of all the state to see if there was any -- yes, sir. COMMISSIONER SOLIS: Could you clarify what you just said? You've got to be careful -- and I'm looking, obviously, at the Palm Peach County number. What -- MR. TINDALE: Yes. They've adopted -- COMMISSIONER SOLIS: What did you mean by they adopted a 20 percent? I just wanted to -- MR. TINDALE: Look at the percent adopted, they have adopted that at 27 percent of the calculated number. April 25, 2017 Page 49 CHAIRMAN TAYLOR: Oh, of the calculated number. MR. TINDALE: Yes. So that's one thing we really need to be careful. One is, it's five years old in terms of its age in terms of when it was done, and when they adopted it, they decided to adopt it only at 27 percent of the rate. COMMISSIONER SOLIS: Twenty percent of the rate that was recommended? MR. TINDALE: Right. Well, calculated. COMMISSIONER SOLIS: Calculated. I mean -- right, calculated. MR. TINDALE: Yes. So each one of those you have to adjust by those -- both the -- you have to look at the date they were adopted, make sure they're not aged. And remember what I told you about 2010/2011 versus today and whether they were adopted at 100 percent to get a real sense of the actual asset value they have per person in the county and what the fee, you know, could or should be. So that's the reason I brought that up. You have to multiply that by at least three to get what it's really costing them in terms of growth. COMMISSIONER SOLIS: So in those counties, then there's obviously some other revenue stream that they're using to cover some of those costs? MR. TINDALE: Or they're not covering the cost -- COMMISSIONER SOLIS: Or they're not covering at all? MR. TINDALE: Yes. Some counties have much more congested roads, and they don't have what you have. I mean, that's what you trade off, the quality of the service versus the fee over time. Law enforcement; again, the costs are up. The credit's down, your future investment you're using for capital is down, and the combination of those two change that fee about 30 percent. So this is an effect of the cost going up and your capital revenue, your tax revenue, being available is being reduced as you move forward, and April 25, 2017 Page 50 the fee goes up. The impact fee we calculated for the single-family home was 587, your current's 449, and there's your 30 percent. And you see the changes in the commercial demand. These -- we circled some of the examples, low and high. There's your 587, and you see a range of anywhere from the 436, which is 100 percent. That 477's really more like 550, and you see there's quite a range between these counties, and you're pretty well within these range (sic) in terms of the fees. These are some additional ones. Library facilities; this one was much more stable than some of the other ones in terms of the fees themself. This is only on residential development. And I tell you the residential development's gone down a little bit, so that has an effect; the number of people per house has gone down, and it only charges for residential, so that has an effect to moderate it. The construction cost and the costs are up about 15 percent. Your credit has actually gone up a little bit in terms of your investment, and now you end up with that 7 percent, so this is one that's moderated. It's a combination of the person per household going down, cost being pretty moderate, and then you've got some more capital investment here than in the historical. So those moderated that fee, and you don't hit that 20, 25 percent range that we were expecting. Again, these are some examples that we have. Your current fee, we -- I think we did modify the retirement age-restricted home and come up with the number of that, which dropped down dramatically, and the rest of them are within that 7, 10 percent range. These are the range of the fees, and you can see anywhere from -- again, you've got to be careful. It's -- that one is at 40 percent. There, Sarasota County at 100 percent at 683, and you see quite a range of the library fees. Again, some of those haven't been updated for -- Monroe County April 25, 2017 Page 51 hasn't updated theirs for 20 years, so that number is suspect. You have to look at the date and the percentages to make sure you're doing comparisons. We started adding that information because people say -- but you do want to know what the actual number is for competitive purposes, so we really need to show you the actual number and then give you information about how I got there. Now, this one's the one that's got the residential number that's jumped on us, and I'll give you a specific reason why the single-family residential one jumped above what we had expected. The demand, what we did is, all your other fees, just about every one of them, have single-family, multifamily, and multiple residential types. For whatever reason, for many years the EMS had one rate for all uses. And when you have quite a few people -- more people in a single-family home than a multifamily home and other types of homes, you have an average. When you jump and quit using that average and you start stratifying it, some people are going to pay more and some people are going to pay less. And at this point in time it was decided to go ahead and make this match the rest of them. So this is where the multifamily may drop and then single-family would go up because there's a different number of persons per household, and we adjusted that. So you see that the overall change there is not that dramatic but for the single-family home it was, and we'll show you that. You see the non-single-family home, 17, 18 percent. That was within expectations, but when we took the single-family home, we started charging the full fee for single-family home and then moderating the fee for multifamily and the rest of them, it changed pretty dramatically. Now, this is not a 4-or $5,000 fee. So what happens to you is when you make that change, the percent change seems very dramatic, but we're talking about making the proper adjustment, get those things April 25, 2017 Page 52 aligned with everybody else for a difference of $50 per home, and it was a decision, let's do it. Let's get the single-family home charged properly; let's adjust this. The fees basically are in that 16 or 18 percent range, but adjustment between single-family and multifamily adjusts that single-family up. But, again, the difference is about 50 bucks, and it's well worth getting it done right than to keep suffering with having just the one single-family fee for this type. These are some of the examples. And, again, you see some of these are 15 years old, and you see a different range of the adoption rates. But, again, you can see it ranging from anywhere $40 to the $257 for the single-family home. So you're well within the range of the different fees in the different counties. You see the high range there and the low range. So back to where we presented right at the beginning. We were looking for quite a shift, because we've had quite a shift in the last seven or eight years compared to 2005 and 2010. We got that shift. These are not very large fees, so I think we decided it's nice to go ahead and get these taken care of with the shift. So you have a change from a total for all four of these from $1,600 for a single-family home to 1999; 23 percent change was right around that range we had expected for the -- for a major update with that one adjustment of getting the multiple, single -- multiple residential unit types and the EMS completed. So that's the presentation, and she has all the answers about all the details when you have the detailed questions. CHAIRMAN TAYLOR: Commissioner Solis, do you want to start, or do you want to wait? Commissioner Fiala wants to speak, and so does Commissioner -- MR. OCHS: Madam Chair, not to interrupt, but you do have registered speakers for this item as well. CHAIRMAN TAYLOR: All right. Then I think that -- we're in April 25, 2017 Page 53 agreement -- COMMISSIONER SOLIS: Yeah, let's hear the speakers. CHAIRMAN TAYLOR: Hear from the speakers. MR. MILLER: Yes, ma'am. We actually have three registered speakers, but everyone has ceded time to Janet Vasey. So Stan Chrzanowski is here, and Dennis Vasey is here. So, Janet, you will have nine minutes. MS. VASEY: I won't take that long. Good morning, Commissioners. My name is Janet Vasey, and I'm a huge fan of impact fees. I served on the former Collier Productivity Committee for 15 years and probably reviewed between 70 -- 60 and 70 impact fee studies during that period. I've reviewed these studies and the indexing report, and I encourage you to approve the recommended impact fee changes. Impact fees have served us well. The county has been charging them since I moved here 26 years ago and in the last 15 years generally charged the maximum impact fees -- impact fee rates. This has allowed our infrastructure to keep pace with new growth, even when we were experiencing the most rapid growth in the United States. Impact fees are how we've implemented the concept that growth pays for growth, and it makes sense because there's a very clear causal relationship; if our population stayed the same, we wouldn't need to build any additional schools, roads, EMS stations, that kind of thing, or more sewer and water capacity, but that's not the real world. People, they move here, they build new homes and businesses and create additional demand for government services, so the county charges them impact fees to build the additional infrastructure to provide these services. Very clear cause and effect. The county commitment to this principle was strongly reaffirmed in 2001. Between 1992 and 2000, there were no increases to impact fees, and the road system became seriously deficient. In 2001 we had April 25, 2017 Page 54 a referendum asking voters to approve a sales tax of one-half cent for roads, but that failed by 78 percent. The very active debate at the time centered on the need for growth to pay for growth through impact fees. Since then, county commissioners have consistently supported this principle, keeping impact fees current with scheduled studies and indexing. If you don't collect impact fees and keep them at the maximum rate, where would you get the money to pay for the funding shortfalls associated with new infrastructure? As I mentioned, voters already gave a resounding no to an increase in sales tax for this purpose, and I suspect any future referendum would probably have the same results. So what about property taxes? Well, anyone who moved here in the last 25 years has already paid their impact fees. They certainly don't want to pay through increased impact fees for the infrastructure needs created by the people moving here in the future. Almost any other funding source would have the same problem; those who've already paid their fair share for growth would be required to pay again for someone else's share. Some will tell you that our impact fees are too high, and this constrains economic development and new construction, but that's really not true, and here are some facts to consider: First, impact fees in Collier County are high because we provide a high level of service to our residents. We have wide roads, we have beautiful parks, schools that aren't overcrowded, nearby libraries, sheriff and EMS stations located throughout the county to achieve impressive response times to emergencies. This is the service that your residents want, and to duplicate -- and it cost money to duplicate these services for all the new people that are moving here. Second, even our highest impact fees in Collier County didn't inhibit or slow new construction during the strong economy. Prior to the recession, single-family homes in Collier County were paying over April 25, 2017 Page 55 $28,000 in impact fees, and construction was booming. In fact, impact fee collections during that period were over a hundred million dollars a year. Last year single-family homes have paid about 24,000. So by comparison to the past, our impact fees now are a real bargain. And it should be noted that there are more -- that the more affordable house in the Estates pay about $19,000 since they don't hook up to water and sewer. Third, lowering impact fees does not spur new development. It simply costs millions of dollars in lost revenue. In FY12, coming out of the recession, Lee County reduced their impact fees by 80 percent; they only charged 20 percent of the allowable fees while Collier made no changes. Brett Baton of the Daily News did an excellent analysis showing that both Collier and Lee had the same rate of recovery over the next few years, but Lee County lost $30 million in revenue because of the reduced impact fees. And, Commissioner Solis, your question on the Palm Beach for the government -- government buildings, Palm Beach was in that same 2012 time frame, and they may have made the same decision that Lee County did to charge a reduced percentage because of the recession. And so, as a result, they lost money, too. So if impact fees -- if high impact fees don't constrain new construction and lowering impact fees don't encourage it, then let's collect all the impact fees that we're entitled to and build our infrastructure as it's needed. Clearly, impact fees add to the price of homes, contributing to the housing affordability problem. I had to change that. However, reducing impact fees across the board is not the solution. There are other ways, some already in existence, to address this problem, and I know with your workshop and the ULI report and your housing affordability committee, that a variety of other solutions are being April 25, 2017 Page 56 developed. Within your impact fee program, you have a deferral program that delays collection of impact fees until the original buyer sells the home. There's about a million dollars in the program right now, but your current ordinance would allow you to go up to a million -- a little over a million four. This added funding that is eventually repaid could help achieve some of your housing affordability objectives while still protecting the $70 million in current annual impact fee collections. You were just under 70- last year. I know staff is working on other options that could increase the funding in the deferral program and expand -- like expanding the income limits for participation and to make housing more affordable for the target populations that you want to assist. In conclusion, don't change a program that's doing exactly what you need it to do. Collect the maximum legal impact fees that are supported by the studies and indexing. In the last 10 years, Collier County has collected nearly $500 million in impact fees -- that's a half a billion dollars -- and it's enabled government services to keep pace with growth. For that, I thank you, and I'm sure the taxpaying residents of Collier County thank you, too. That's all I have. CHAIRMAN TAYLOR: Ms. Vasey, I want to thank you for speaking to us. And it's refreshing, and it's accurate, and I really, really want to thank you. That took a lot of preparation. MS. VASEY: Thank you very much. MR. OCHS: Madam Chair, it's getting time for your court reporter break. You wanted me to remind you. CHAIRMAN TAYLOR: I think this is a great time. Thank you very much, County Manager. I think we should break right now and come back. I've been told I have to be very precise. COMMISSIONER McDANIEL: Yes. April 25, 2017 Page 57 CHAIRMAN TAYLOR: So we're going to come back at, sorry guys, 10:45. MR. MILLER: Madam Chair, Mr. Ochs, real quick, before we mute the mikes, I have a speaker slip that got handed to me without an item number on it. So Carol Pratt, if you're here, please come see me in the break. Thank you, Madam Chair. COMMISSIONER McDANIEL: 10:45. CHAIRMAN TAYLOR: 10:45. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, please take your seats. Madam Chair? CHAIRMAN TAYLOR: All right. Thank you very much. So I believe we now are going to ask questions from the bench here. I guess, podium, whatever. Commissioner Solis, you're not -- do you want to wait to be at the end? Because I know you had some questions, and -- COMMISSIONER SOLIS: I do have questions, but I'd like to hear what everyone has to say since I wasn't here for the last discussion. Was there a discussion last time that this was presented, or was it just continued right off the bat? Unfortunately, I don't know. CHAIRMAN TAYLOR: I believe we continued it. COMMISSIONER SOLIS: Okay. CHAIRMAN TAYLOR: There was -- there were two readings with us, as I remember, is that correct, two readings with the impact fees? MR. OCHS: Yes. CHAIRMAN TAYLOR: And so the first reading, and then the second reading is when we continued it because you weren't here. So, Commissioner Fiala. COMMISSIONER FIALA: Yeah. I just wanted to say a couple little things, and that is back in the '90s in Sarasota, they had decided to April 25, 2017 Page 58 curb growth, so they built no new infrastructure. They felt that the best way to curb growth is not build anymore roads and not put anymore water systems in or anything. And, Leo, or even Commissioner Saunders, you were here that time, working here, and I know Leo would know, too. And so they didn't do anything. What happened is they fell so far behind. Then it cost them an arm and a leg to try and catch up. It was really tough for them. And so this is our effort to keep on planning for the future, to plan for growth, because we know it's coming, and you can't stop it anyway, so you might as well plan for good growth in a -- in a great way, and this is how we're doing it. Then everybody sitting in this audience, you don't have to pay for that growth. It's going to be paid for by new growth. So that's one thing. And one other thing I wanted to mention -- although Janet Vasey, wherever -- oh, there you are. Great presentation. You hit everything right on the head, so I'm probably just mimicking what you had said when I say that, yes, we have high impact fees here in Collier County, but we also have the lowest taxes in the area, and we have a high growth rate. So we enjoy low taxes. It's a selling point when you're buying your real estate, that the taxes are low and yet at the same time people flock here because they love to live in the beauty of our community. Thank you. CHAIRMAN TAYLOR: Thank you very much. Commissioner McDaniel? COMMISSIONER McDANIEL: Well, I'm not quite sure I want to follow that, but I'm going to. I'm going to. You know, I find it rather ironic that on a day where we're having a discussion with regard to housing affordability that we have an agenda item coming before us that's suggesting that we increase our impact fees. April 25, 2017 Page 59 I want to say out loud on the record that I love Janet Vasey. She is a wonderful lady. She has served our community for many, many years on the Productivity Committee, an infinite amount of knowledge, and that is some of the -- that knowledge is what I'm looking to take advantage of as we go forward as a community. I've expressed it on a regular basis that we have such a wealth of experience within our community. I want to say out loud that I believe impact fees are a one-time onerous tax and imposition statutorily regulated and put upon the first person coming in. I don't disagree with Ms. Vasey's comments with regard to growth paying for growth. I believe that's a fair path for us to travel, but I also think we need to have discussions. And you've heard me regularly express this: With this growth comes expense, and with this expense comes sustainability issues. And as we're building new roads, as we're building new libraries, as we're building new parks, there are upkeep and maintenance issues that are not being attended. I mean, we as a board know, it's been put to us by staff, that we're staring at in excess of 100 -- pushing 150 million of latent maintenance and capital expenses that we have out there. So having said all that, I am not in support of the increase in the impact fees as is being suggested. I read the reports; I went through the indexing. I would accept the processes for the indexing, but I'm not in favor of the suggested increases. I believe it's time for us to have a discussion adjusting how we're, in fact, doing business as a community. I believe that there are mechanisms and methodologies that can be put in place -- bless you, or was that a cough? MS. KINZEL: That was a cough, but sorry. COMMISSIONER McDANIEL: Did you notice she coughed right in the middle of my thing. April 25, 2017 Page 60 COMMISSIONER FIALA: It was planned. COMMISSIONER McDANIEL: Yes, it was. I know. She does it to me all the time. I would suggest that we have a discussion. And, by the way, with regard to adjusting the methodology, I have in my in box process that I plan on bringing forward in May as an adjustment to how we're, in fact, charging our impact fees and the -- not the calculation methodology; trust that. Not the calculation methodology, just how we're, as a community, doing business. CHAIRMAN TAYLOR: Thank you. Commissioner Saunders? COMMISSIONER SAUNDERS: Thank you, Madam Chair. I was -- I'm prepared to make a motion to approve both of these agenda items with the increases in fees. There may be some alternative, and I would welcome the opportunity, Commissioner McDaniel, to hear what those other options are, but until we have other options in place and are ready to proceed with other options, I think we need to continue on with what we have. So we can always go back and amend our impact fees, repeal them, do anything that's necessary if there's something that you have that would be a valid replacement for that. But until then, I would propose that we move forward with what we have here. I agree with Janet Vasey that it's hard to argue that these impact fees have been an impediment to growth. On the issue of housing that is affordable or workforce housing, when we get to dealing with those issues, we may very well want to reduce impact fees for that type of appropriate housing, and we can do that. So I would -- I don't know if you're ready for a motion -- COMMISSIONER FIALA: Second. COMMISSIONER SAUNDERS: Then I'll make a motion to April 25, 2017 Page 61 approve. COMMISSIONER FIALA: I thought he already made that motion. COMMISSIONER SAUNDERS: We're on -- here we go. CHAIRMAN TAYLOR: It's 9A and 9B. COMMISSIONER SAUNDERS: Yep, 9A is the amendments to Chapter 74 of the Collier County Code of Laws and Ordinances providing for the incorporation by reference of the impact fee studies dated October 10 -- October 10, 2016. So I'll make a motion to approve those. COMMISSIONER FIALA: Second that motion. CHAIRMAN TAYLOR: All right. There's a motion on the floor and a second. All those in favor, say aye. COMMISSIONER SOLIS: Lights, Madam Chair. CHAIRMAN TAYLOR: Oh, you came on at the last -- oh, two. Oh, we have more discussion. COMMISSIONER SOLIS: More discussion. CHAIRMAN TAYLOR: All right. Yes, Commissioner Solis. COMMISSIONER SOLIS: A couple of questions. Number one -- well, first, I'll make a couple of statements. First, I agree that we're having a discussion about what -- how to make housing more affordable in Collier County. Increasing the impact fees required seems inconsistent. Now, I understand that we have waiver programs and different programs for certain kinds of housing that would be considered affordable, right? I'm trying not to fall into the -- MR. OCHS: Yes, sir. COMMISSIONER SOLIS: Right. But a lot of what we're talking about in that regard, I'm assuming, doesn't necessarily fit into those waiver programs. I mean, those, as I understand them -- and maybe somebody can explain that, but, you know, my concern is that April 25, 2017 Page 62 while there may be waiver programs for low-income housing, you know, things that are already defined. What we've been talking about maybe is housing that's not even within those definitions. Going back to what Commissioner McDaniel has said, we haven't really defined yet, I don't think, what housing that's affordable is. COMMISSIONER McDANIEL: And the marketplace we're looking to target there. COMMISSIONER SOLIS: Right. So my concern is that that area of undefined housing that is affordable is going to be negatively impacted by increasing the impact fees. I mean, that's my concern. My first question is, given what Commissioner McDaniel just suggested and looking at -- and I agree, I think at some point we have to look at some other means, because we are going to get to the point, if we just keep increasing the impact fees, where it will impact growth. I think eventually that if you just keep adding them on it's going to. The landowners will tell you that it has. Is there a timing issue? Is this something that we need to decide today when we have, number one, the definition of what constitutes housing that's affordable still kind of up in the air and, two, you know, maybe the waiver and deferral programs don't really apply to a part of the housing market that we're trying to positively show some leadership in? Does that make sense? MS. PATTERSON: Yes. I can answer those questions for you. A couple of things. Amy Patterson, again, for the record. Let me tackle the deferral programs that we have in place and what does that -- what's that going to look like going forward. We were specifically tasked to look at the current impact fee deferral program. We have one for single-family homes. We have a rental program. There are a couple of other things under the current existing impact fee ordinance, and they do have income limits. The program currently is not being maximized to its full potential. There's a number April 25, 2017 Page 63 of reasons why. So as part of the ULI study and then the direction given by the Board, that's going to be looked at not only for can the program be changed, expanded, look at the income levels, pretty much anything's on the table that could enhance -- potentially enhance that program. With respect to timing of these impact fee studies, a couple of things. All increases to impact fees statutorily require a 90-day notice. So these fees, the increases, would not go into effect for 90 days; however -- COMMISSIONER SOLIS: From today? MS. PATTERSON: From today -- however, the impact fee studies also have a number of decreases, and those decreases would go into effect immediately basically upon filing this ordinance with the state. Any time you have decreases, we wouldn't want to drag this process on. COMMISSIONER SOLIS: Right. MS. PATTERSON: We'd really like to get those decreases in place. We could -- one possibility would be to adopt these as recommended. And should something change in the next 90 days -- Commissioner McDaniel may have some proposals or something like that -- we obviously could adapt to that, and it's going to take a little bit of time on the housing front. So there's some -- there's options there. It's going to take some time to work through any potential changes to the housing portion of the impact fee program, but it is -- it is definitely part of that, something that we're going to be working closely with housing to identify those options. COMMISSIONER SOLIS: And that really goes to my concern is that if we're going to be revisiting how these deferral and waiver programs work, what they apply to, it seems to me that that analysis and those changes have to be taken into account when we're April 25, 2017 Page 64 considering, you know, the impact fee question. MS. PATTERSON: Well, the programs wouldn't address the amount of fee -- the methodology is what it is. It establishes the maximum legal limit of the fees that we can charge. COMMISSIONER SOLIS: Right. MS. PATTERSON: What we would be looking at is are there more categories of income or of types of housing that could be included for potential deferrals. The amount would remain the same, whatever you decide that amount is. It's just, if we could include more people, or do we need to change the way we look at it. So if it's a category of people that would be required to pay a certain amount under these new conditions, they may be eligible for a deferral where today they're not, and that is a separate and distinct issue from how we establish the legal fees. It's more programmatic in nature. COMMISSIONER SOLIS: Understood. Okay. CHAIRMAN TAYLOR: All right. Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. And that's -- you know, Ms. Patterson brought up an interesting conundrum for me, and I'm sure I'm not going to get the motion changer (sic) to adjust his motion. But I certainly would vote for this -- to move the decreases forward, but not the increases, and I'm -- and it's putting me in a -- it's a conundrum for me, because I want to support -- I want to support the community with the affected decreases that are available but not -- I'm not happy with the increases at all. I saw, what I perceive to be, from my real estate background, as -- and I'm going to use it as -- when I was reading the data in the estimation of the potential cost per acre for future sites for EMS, they used most recent Vanderbilt and Logan Boulevard site as a cost analysis for the per-acre expense to buy land for new EMS stations; $160,000 an acre, and that was the analogy that they -- or the April 25, 2017 Page 65 comparison that they used to determine what the potential future expenses were going to be for site acquisition. So I have questions with some of those -- CHAIRMAN TAYLOR: That's too high or too low? COMMISSIONER McDANIEL: I think it's too high. CHAIRMAN TAYLOR: The growth button is on. Since when do landowners reduce their price of their land when people are moving into Collier County? I don't think I ever remember that. COMMISSIONER McDANIEL: But you have to compare apples to apples, Madam Chair. The next EMS site facility is going to be in Eastern Collier County, and it's certainly not $160,000 an acre in acquisition price, period. MR. OCHS: Sir, excuse me. The next EMS station is planned for Rattlesnake Hammock/951 area, and the one after that is at Collier and Immokalee next to the new hospital. So there are future ones, obviously, moving east as, obviously, the future trend, but -- COMMISSIONER McDANIEL: Which is where, in fact, the growth is going to be. And that was, just -- and I'm bringing that up. I'm not arguing with the indexing processes. I'm just -- there was a lot of subjectivity in the methodologies that were used, and it was a question that I had as I was going forward, so -- problem one. Number -- with having said that, I'm certainly in favor of the decreases but not the increases. I also want to have a discussion with regard to the deferrals and the waivers. I believe that -- and we need to manage that very closely. Anytime you offer up a deferral, anytime you offer up a waiver, you're creating a deficit in your community. Those monies -- the reason we're charging impact fees, the rationale for it, is it's a front-end expense to support the growth and development, and when we create a deficit in one segment of our community, we're then, at some stage of the game, going to have to make the deficit up from another portion of the April 25, 2017 Page 66 community. So the management of those waivers and deferrals is imperative. CHAIRMAN TAYLOR: Commissioner Saunders? COMMISSIONER McDANIEL: I'm not done yet. I had a -- are you in a rush? CHAIRMAN TAYLOR: I'm sorry. No. I just -- COMMISSIONER McDANIEL: Okay. When we're talking about the impact fees and the fact that everybody's paying them and the fact that we have sectors of our population that haven't been able to afford to live here, and the rationale that's continually given to me is, well, they're being paid. The first person in pays them, and it's already done. It has -- it has an effect on the value of a person's home, a value for the rents that need to be charged for commercial rates going forward. If we have a -- and we're proposing that we increase from 25,000 up to 26,500 on a single-family home. And, yes, the folks in the Estates pay a little less because they don't have water and sewer and the like, but that is a -- that is a one-time tax on the front-end expense of the purchase of a home. So the rationale that everybody else is paying it is -- I'm having a difficult time adding that into the overall affordability issues that we have in our community. A large reason we have a large portion of the sector of residents or workers that work here in our community live in other municipalities is because of the inequalities or inequities that were created in the impact fees that were charged in differentiation to Lee County and Charlotte County and Hendry County where there are no impact fees, so -- I'm done now. CHAIRMAN TAYLOR: Okay. Commissioner Saunders? COMMISSIONER SAUNDERS: Thank you, Madam Chair. Commissioner McDaniel, one thing I will guarantee you is that if you have some other solutions to how we can solve that $150 million April 25, 2017 Page 67 deficit that you were identifying, I'm all for it, and we'll support that and would vote to repeal impact fees if there's something to replace it. The problem is that we have roads we have to build and infrastructure we have to build, and there really are only a couple ways that I know of that we can finance that and pay for that. One is through impact fees. The other, perhaps, is through ad valorem taxes. Now, we're going to be doing our budgets, and, you know, if it's the policy of the Board to substitute an ad valorem tax line item of a small, you know, increment of increase in taxes for that purpose, then that may take the place of impact fees. But until we make those types of policy decisions, I think we need to keep moving forward with what we have but recognize that if there's another alternative, I'm all for it. So I want to proceed this morning with these two items, and we'll be willing -- I guarantee you I'm willing to look at anything that comes forward. COMMISSIONER McDANIEL: Absolutely. And if I may, Madam Chair, because he addressed me. CHAIRMAN TAYLOR: Yes. But Commissioner Solis is waiting. COMMISSIONER McDANIEL: I understand. He addressed me specifically. And I just would like to say this: I'm not suggesting that we don't charge impact fees. I'm not suggesting that growth not pay for growth. I am suggesting that -- and, certainly, the methodology that I'm going to bring -- hopefully I'll bring it forward next month. It's going to take several years to work through the system. I want you to full well understand that I'm not against impact fees -- well, I don't care for impact fees, but I would like for us to adjust the way how we're conducting business. And on that -- on that, as a sentiment, is where I'm holding on my vote. I can count and see where we're at, so... CHAIRMAN TAYLOR: May I ask you a question about your methodology? Is it methodology that another community has used so April 25, 2017 Page 68 that we can start -- maybe you could send us a one-way communication so we could start researching that in advance of your presentation in May? COMMISSIONER McDANIEL: We will do that. CHAIRMAN TAYLOR: Great. Thank you. Commissioner Solis? COMMISSIONER SOLIS: Yeah. And very quickly. Again, I'm fine with the decreases as they would be covered by the motion. I think that at some point we have to start having a discussion, a serious discussion, about alternative ways to dealing with the growth issues and how we're going to fund the growth and maintain the level of service, because that's really what we're talking about. I think that, obviously, if we make the decision some other counties make and don't provide the kind of revenues that we need to cover the facilities that are required, then we end up maybe becoming, you know, like some other communities that aren't quite as -- don't have quite the high level of service that we have for our residents. So, you know, I can't support the motion just because I think at some point we have to -- we have to start having a conversation about alternative ways to doing what we need to do. CHAIRMAN TAYLOR: Given the fact that we have already been told by our colleague that he is going to bring something -- Commissioner McDaniel is bringing something forward in May, could you support the motion understanding that we will address it again? COMMISSIONER SOLIS: I think -- I'd like to have that discussion before we approve whatever it is that's going to be approved. COMMISSIONER McDANIEL: And if I may, Madam Chair, just as a -- the process that I'm bringing forward next month is going to be a very slow, arduous process. It's not going to be a fix. It is a suggestion on adjusting how we're doing business, but it is not going to April 25, 2017 Page 69 -- it's not going cure the issues over time -- except for over time, excuse me. CHAIRMAN TAYLOR: Given the fact that we do have at least 125 million at least at the AUIR, I think it is, or 132 million in debt because we went through a recession and we didn't raise people's taxes and there wasn't very much growth so we didn't collect so much impact fees, I think it is imperative that we move forward with this item in the motion on the floor, understanding that we are open, that we will discuss it in the future, understanding that we are charging what legally we can charge, and that it is very important for the future of our community that we stay fiscally responsible as a county. I don't know how much time folks have been here. Commissioner Solis, I'm not sure -- I don't need you to answer that, but I would -- I would encourage both Commissioner McDaniel and Commissioner Solis to talk to Norm Feder about what we went through, talk to folks in the staff about what we went through when impact fees weren't raised, when we decided that the way we were going to stop growth is, gosh, we're just not going to build it, and what this county and what happened -- and, luckily, we had the talent that came in here that put our ship on the right course. Some communities don't have that opportunity. And so, we've lived this before, and we know, unless there's something else -- you know, unless there's something else on the horizon -- and I'm very open to listening to what you have to say -- I support the motion on the floor. COMMISSIONER McDANIEL: Call the question. CHAIRMAN TAYLOR: And I think I would like to call the question. So all those in favor of the motion on the floor say aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. April 25, 2017 Page 70 COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. COMMISSIONER McDANIEL: Aye. COMMISSIONER SOLIS: Aye. CHAIRMAN TAYLOR: It carries 3-2. Item #9B ORDINANCE 2017-14: ACCEPTING THE “2017 INDEXING CALCULATIONS FOR PARKS AND RECREATION, SCHOOLS, CORRECTIONAL FACILITIES AND TRANSPORTATION IMPACT FEES”, PREPARED BY TINDALE-OLIVER AND ASSOCIATES, IN ACCORDANCE WITH THE ADOPTED INDEXING METHODOLOGY, AND TO APPROVE AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AMENDING THE PARKS AND RECREATION IMPACT FEE RATE SCHEDULE, THE SCHOOL IMPACT FEE RATE SCHEDULE, THE CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE, AND THE TRANSPORTATION IMPACT FEE RATE SCHEDULE; PROVIDING FOR A DELAYED EFFECTIVE DATE OF JULY 24, 2017 IN ACCORDANCE WITH THE 90-DAY NOTICE REQUIREMENTS SET FORTH IN SECTION 163.31801(3)(D), FLORIDA STATUTES – ADOPTED COMMISSIONER SAUNDERS: And, Madam Chair, on 9B, then I'll just go ahead and make the same motion approve the 2017 indexing calculations for parks and recreation, schools, correctional facilities, and transportation impact fees. COMMISSIONER FIALA: I'll second that motion. COMMISSIONER McDANIEL: I thought you made -- you April 25, 2017 Page 71 added them both -- you had them both in your original motion, I thought. COMMISSIONER SAUNDERS: Okay. Well, I just want to make sure, for the record, that they're both covered. CHAIRMAN TAYLOR: You did. You had them both in your original motion. Yeah, it was my understanding, and I'm assuming, County Attorney, that we can make one motion including two agenda items in that motion. MR. KLATZKOW: Is it everybody's understanding that you voted on both items? CHAIRMAN TAYLOR: Is it everybody's understanding? COMMISSIONER McDANIEL: It was mine. COMMISSIONER SAUNDERS: That's fine. CHAIRMAN TAYLOR: Commissioner Fiala? COMMISSIONER FIALA: Oh, I didn't realize, but I would certainly vote for it anyway, so... CHAIRMAN TAYLOR: So in this case we have one that is questioning it. MR. KLATZKOW: Why don't you just vote on the second. COMMISSIONER SOLIS: Just call the vote. CHAIRMAN TAYLOR: Okay, then. There's a motion on the floor. COMMISSIONER FIALA: And I seconded it. CHAIRMAN TAYLOR: Okay. All those in favor, say aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. COMMISSIONER McDANIEL: Aye. COMMISSIONER SOLIS: Aye. CHAIRMAN TAYLOR: It carries 3-2. Thank you very much. April 25, 2017 Page 72 Stay close to us, Ms. Vasey. COMMISSIONER McDANIEL: We stay very close to her. Item #10B SETTING A MEETING DATE IN OCTOBER REGARDING FIRE CONSOLIDATION - MOTION TO APPROVE A WORKSHOP ON FIRE CONSOLIDATION AND EMS SERVICES IN OCTOBER – APPROVED MR. OCHS: Madam Chair, that takes us to item -- add-on Item 10B. This is an item added at the request of Commissioner Saunders to discuss fire district consolidation. COMMISSIONER SAUNDERS: Madam Chair, I don't want to get into any kind of a lengthy conversation. What I'd like to ask the Board to do -- and we can discuss it for a minute today and maybe talk about it at the next meeting, if necessary. For the three of us that are new on the Board, we may not be all up to speed completely in terms of all efforts towards consolidation. I think it would be very valuable for the fire commissioners and the County Commission to have a joint meeting. I'd like to suggest that we do that in October -- so that there's a long lead on it so everybody can get prepared for it -- and have our staff and the fire commissioners express where they think things need to go and so we can kind of move that ball down the field a little bit if there's going to be some additional consolidations. There was a joint county commission/fire commissioners meeting several years ago. I was actually representing the North Collier Fire District at the time, and it was actually a very good meeting. It was at the North Collier Park. County staff set that up very nicely for TV viewing and recording. But a setting like that, I think, you know, for April 25, 2017 Page 73 us to talk to them and for them to talk to us would be very valuable. So my request is for us, for the Board to say let's go ahead and move forward with a workshop in October to discuss the issues of fire service in Collier County. COMMISSIONER McDANIEL: I love it. CHAIRMAN TAYLOR: Okay. COMMISSIONER FIALA: And I think it's about time we did that, so that's a great suggestion. CHAIRMAN TAYLOR: Would you like to make a motion. COMMISSIONER SOLIS: Great idea. COMMISSIONER FIALA: I'll make a motion to approve the meeting in October. MR. OCHS: Madam Chair, again -- and I don't -- CHAIRMAN TAYLOR: You don't need a motion. MR. OCHS: No, no, no. I don't want to prolong this. I heard a workshop to discuss fire consolidation, correct? COMMISSIONER SAUNDERS: Yeah. And there may be other emergency services issues, but we can talk a little bit more about what that agenda would be. CHAIRMAN TAYLOR: Well, that would be a different workshop. MR. OCHS: No. I just wanted to clarify. I didn't hear EMS, and that's fine. CHAIRMAN TAYLOR: That's what I heard. Fire consolidation. MR. OCHS: I just want to make sure that we're limiting to fire. COMMISSIONER SAUNDERS: Would there be any interest in having that conversation as well? I mean -- CHAIRMAN TAYLOR: Then we probably should plan for an entire day, and it would really be two different meetings. MR. OCHS: Well, the existing policy stated by the prior board was that if and when there's a unified county fire district, then the April 25, 2017 Page 74 Board would move to merge the countywide EMS system into that unified fire district. If this board has a different position or wants to discuss that as part of this workshop -- I just want to make sure that I'm preparing for what the Board wants covered. COMMISSIONER SAUNDERS: You know, the issue of EMS, I'd like to hear from the fire departments. That doesn't have to be part of the formal agenda, but I'd like to hear from Collier County, from staff as well as from the fire departments how are we going to best provide fire service and EMS services into the distant future. Now, the prior board -- I don't know what the policy of the prior board was or what the impacts of that were, but I think it's important for us to have a conversation. This would be a workshop where no decisions could be made, but I think we need to start hearing what is the trend in terms of these types of services and how best to go forward with them. Not to suggest that there be any changes in the policy or changes in the way things are done at this point but for us to get up to speed on what those possibilities are. COMMISSIONER FIALA: I have a question about that, and that is when we talk about consolidation, and, you know, mainly we're thinking of North Naples and Greater Naples, but what about the cities? There's City of Naples -- City of Naples and Marco Island. COMMISSIONER SAUNDERS: I think everyone should be included. I just want to get up to speed on what these issues are. COMMISSIONER FIALA: Okay. COMMISSIONER SAUNDERS: And I thought that was the best way to do it, in an informal workshop setting. COMMISSIONER McDANIEL: One of the -- I'll wait till I'm called on. CHAIRMAN TAYLOR: Commissioner Fiala? COMMISSIONER FIALA: I'm done. CHAIRMAN TAYLOR: Commissioner McDaniel. April 25, 2017 Page 75 COMMISSIONER McDANIEL: Yes. And I like the idea. I think everybody -- I think we also ought to include EMS into the discussion just to -- there is a perception amongst the general public that government is government. We're all quite aware of the silo effect of the individual elected boards and taxing authorities and districts of the fire district and what our EMS, in fact, does, but the general public, as a general rule, perceive even -- you know, I get, regularly, asked questions about, well, can you help me with something that's going on at my school. And so I think the workshop is an excellent idea for us to open this up and have a discussion as to how things are going. CHAIRMAN TAYLOR: So, County Manager, I'll leave it to you, perhaps, in terms of structuring this in terms of understanding that both EMS and fire consolidation would like to be discussed if we do it on the same day, if we do it at the same meeting on the same day. It's up to you, sir. MR. OCHS: Sure. No, we'll make sure we include it all and invite the municipalities as well. CHAIRMAN TAYLOR: All right. Good. There's a motion on the floor. MR. OCHS: We'll get it scheduled. Thank you. CHAIRMAN TAYLOR: Motion on the floor? COMMISSIONER FIALA: Yes. COMMISSIONER SAUNDERS: Second. CHAIRMAN TAYLOR: And a second by Commissioner Saunders. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. April 25, 2017 Page 76 COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Okay. Item #10C SETTING A MEETING DATE IN JUNE WITH THE TDC - THE WORKSHOP TO BE HELD DURING THE FIRST MEETING IN JUNE – CONSENSUS MR. OCHS: Item 10C was also placed on the agenda by Commissioner Saunders, and that's a discussion about the possibility of a joint meeting or workshop between the Board and the Tourist Development Council. COMMISSIONER SAUNDERS: And, Madam Chair, my thinking in that is that we have the Tourist Development Council, they're sending us messages via individuals that they don't think we should spend tax -- or we shouldn't raise the fifth penny, for example, we shouldn't, perhaps, spend any money on the amateur sports facility. We're all talking about more money for beach renourishment and maybe a little less money for advertising, and so I thought it would be beneficial for our advisory board to hear from us on what our priorities are and for us to hear from them as opposed to, you know, we'll read some minutes or we'll see something in the newspaper, and this will help, I believe, move things along in terms of our decision-making process in terms of reallocating some of those funds. They are our advisory board, and I think they need to know from us in a setting -- in a workshop type setting what our desires are. COMMISSIONER McDANIEL: So moved. COMMISSIONER SAUNDERS: And -- thank you. And what April 25, 2017 Page 77 I'd like to suggest is that we do this in June at one of our regularly scheduled meetings or at the TDC meeting, have a set-aside of two hours for this so we don't have to have a special trip here for them or we don't have to have a special meeting for us. COMMISSIONER McDANIEL: Can we do it at the TDC meeting? MR. KLATZKOW: Sure. It won't be a TDC meeting. It would be something else, but, yes. COMMISSIONER SAUNDERS: It would be a joint TDC workshop meeting, but we would do it at the same time. CHAIRMAN TAYLOR: County Manager, what is the schedule for determining the funding for this? I don't quite remember for the sports center. MR. OCHS: Yes. The Board had asked that we ask the TDC to move quickly so that when we come back to you in June with final recommendations on the cost of the amateur sports complex that you would have the TDC recommendation on an allocation already in hand. I think we can still accomplish that if -- I'm looking at the schedule. If we -- COMMISSIONER SAUNDERS: I think May would work. MR. OCHS: The challenge with having a joint meeting with the TDC at their regular meeting is it's always the Monday proceeding the board meeting which is normally your one-on-one days, and you have a lot of appointments. I mean, if you're willing to modify your one-on-one schedule so you could meet during the TDC meeting; otherwise, I might suggest we just schedule it for a block of time during the board meeting maybe the first meeting in June as an agenda item. Commissioner Saunders, it's up to you. You brought it forward. COMMISSIONER SAUNDERS: Yeah. I think that would April 25, 2017 Page 78 work, or our last meeting in May. MR. OCHS: Yes, even the last meeting in May. CHAIRMAN TAYLOR: That might be -- COMMISSIONER SAUNDERS: That might even be better. We could have it advertised as a -- we obviously have our regular County Commission meeting, but we could also advertise a specific time for a workshop with the Tourist Development Council -- MR. OCHS: Excellent, yes. COMMISSIONER SAUNDERS: -- and set that at whatever time -- COMMISSIONER FIALA: I wouldn't be able to make that May meeting. COMMISSIONER McDANIEL: What are you going to be doing? COMMISSIONER SAUNDERS: Is that when you're having your -- COMMISSIONER FIALA: I won't even be able to do it telephonically, that's the problem. But, I mean, if that's -- understanding that -- I can't even listen to it that day, so -- I'm having my surgery. COMMISSIONER SAUNDERS: Yeah, no. I understand. I'd forgotten about it. COMMISSIONER FIALA: Yeah. And that's the only problem I would have. COMMISSIONER SAUNDERS: Could you do it the first meeting in June, or is that going to be too soon? COMMISSIONER FIALA: No, I can do anything telephonically the first meeting in June. I might -- in fact, if it's during the TDC meeting, I plan on being back here and kick butt. CHAIRMAN TAYLOR: That would be -- COMMISSIONER SOLIS: Literally. April 25, 2017 Page 79 COMMISSIONER FIALA: No, I'll behave myself. CHAIRMAN TAYLOR: But that will be the end of June, not the beginning of June. COMMISSIONER FIALA: Yeah, that is the end of June. COMMISSIONER SAUNDERS: Well, I think that would be putting it off a little bit. Could you do it the first -- our first meeting in June, which is -- COMMISSIONER FIALA: Yeah. COMMISSIONER SAUNDERS: Why don't you shoot for that. COMMISSIONER FIALA: I will be participating in that meeting, first meeting in June. MR. OCHS: First meeting in June. COMMISSIONER SAUNDERS: Yeah. MR. OCHS: Okay. I think we'll probably be back with the amateur sports complex item at that same meeting, so the timing's good. CHAIRMAN TAYLOR: Oh, that would be worthwhile. MR. OCHS: Right. Okay. CHAIRMAN TAYLOR: Interesting. MR. OCHS: Sounds like a plan. CHAIRMAN TAYLOR: All right. Good. COMMISSIONER McDANIEL: Do we need to have a -- do you need to have a vote on this? CHAIRMAN TAYLOR: Would you like to have a motion on this just for clarification? MR. OCHS: I don't need one, Commissioners, unless the County Attorney thinks you need one. CHAIRMAN TAYLOR: Thank you. MR. OCHS: Okay. COMMISSIONER McDANIEL: We voted on the other one. April 25, 2017 Page 80 Item #11A AWARD BID NO. 17-7041 TO THOMAS MARINE CONSTRUCTION, INC., FOR THE CONSTRUCTION OF HALDEMAN CREEK WEIR REPLACEMENT PROJECT, IN THE AMOUNT OF $1,637,185, PROJECT NO. 60103, AND THE CHAIRMAN TO EXECUTE THE CONTRACT – APPROVED MR. OCHS: Okay. That takes us to Item 11A on this morning's agenda. This is a recommendation to award a low bid to Thomas Marine Construction, Incorporated, for the construction of the Haldeman Creek weir replacement in the amount of $1,637,185. As I mentioned, Commissioners, this is a competitive sealed bid. This was a recommendation to award to the lowest responsive bidder. Mr. Kurtz is available to make a presentation or answer questions or stand there and receive his motion. COMMISSIONER FIALA: I think he's made a fine presentation, so I'll just make a motion to approve. COMMISSIONER McDANIEL: Second. CHAIRMAN TAYLOR: Do we have any speakers, Troy, on this? MR. MILLER: No, ma'am. CHAIRMAN TAYLOR: Okay. So there's a motion on the floor and a second. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) April 25, 2017 Page 81 CHAIRMAN TAYLOR: It carries unanimously. Thank you. MR. OCHS: Thank you. Thank you, Jerry. Item #11B AWARD BID NUMBER 17-7066, “GOODLAND DRIVE WATER MAIN REPLACEMENT,” PROJECT NUMBER 71076, TO QUALITY ENTERPRISES USA, INC., IN THE AMOUNT OF $1,093,186.50 AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT – APPROVED MR. OCHS: Item 11B is a recommendation to award a contract for the Goodland Drive water main replacement project to Quality Enterprises USA in the amount of $1,093,186.50. Again, this is an award of a sealed competitive bid. Recommendation is to award to the lowest responsive bidder. Mr. Chmelik's available to make a presentation or respond to questions. COMMISSIONER FIALA: This is a much needed, much needed replacement, and they're waiting anxiously in Goodland for it to begin, so I would like to make a motion to approve. COMMISSIONER McDANIEL: Second. CHAIRMAN TAYLOR: Motion on the floor and a second. Any discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. April 25, 2017 Page 82 (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you very much. MR. OCHS: Thank you, Commissioners. Item #11C REVIEW THE PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM AND DIRECT THE COUNTY MANAGER TO DEVELOP A RESOLUTION FOR FURTHER CONSIDERATION THAT ADOPTS A THIRD PARTY ADMINISTERED PACE PROGRAM FOR RESIDENTIAL AND COMMERCIAL PROPERTIES OR TERMINATE THE PROCESS – APPROVED MR. OCHS: Item 11C was an item that was continued from your April 11th, 2017, BCC meeting. This is a recommendation to review the Property Assessed Clean Energy, PACE, program and direct the County Manager to develop a resolution for further consideration that adopts a third party administered program for both residential and commercial properties. Mr. James French, your Deputy Department Head, Interim Department Head of Growth Management, will present. COMMISSIONER SAUNDERS: Madam Chair, just real quickly before staff starts, at the last time that this was considered, I was doing some legal work for a PACE provider, Ygrene, and I did not participate because of the conflict, or the perceived conflict. I made the decision that this program, I believe, is very important for Collier County. It's all over the state. It's in Charlotte County. Lee County's taking a look at it. And that will all be explained. I terminated my financial relationship with the PACE provider, Ygrene, to eliminate the conflict, and I've got an opinion from the April 25, 2017 Page 83 County Attorney that as long as I don't have a financial conflict or the appearance of a conflict, I can participate and vote. So my intention today is to participate and vote, again, because I think this is a program that's very important for the county. And I'll explain more of that as we get into it. Thank you, Madam Chair. CHAIRMAN TAYLOR: County Attorney? MR. KLATZKOW: Yeah. I called State Commission on Ethics, put the question to them, and they said that should the relationship be terminated or the client be fired, then the commissioner would be free to vote. CHAIRMAN TAYLOR: All right. Thank you very much. MR. OCHS: Mr. French. MR. FRENCH: Good morning; still morning. Jamie French, for the record. Commissioners, I have with me today Geno Santabarbara, Principal Planner. Geno and I -- with the Growth Management Department. Geno and I have been working with the PACE providers for the last two years. If you recall at the last meeting, this is a -- we're revisiting the original item that was at your -- at a November Board of County Commissioners' meeting. And, with that said, I'd like to turn it over to Geno to walk you through his presentation, and we're here to answer any questions. Feel free at any time during this presentation to stop us and ask us questions, please. CHAIRMAN TAYLOR: Thank you. MR. SANTABARBARA: Thanks, Jamie. Good morning, Commissioners. Geno Santabarbara, Principal Planner, for the record. So today we're going to go back and provide the Board with a presentation that we gave back in November of 2016 just to give an April 25, 2017 Page 84 overview of the program and, like Jamie mentioned, feel free to interrupt me at any time, and we can probably drill into any questions or concerns that you might have as we go through this PowerPoint. But it's just to give you a general idea of what the program is and kind of what it entails. CHAIRMAN TAYLOR: Did we not do this at our last meeting? Or help me with this. MR. OCHS: No, ma'am. The last meeting we were actually asking you to adopt the resolution and implement the program. There was some discussion about the -- among the new board members that they weren't quite sure what this program actually entailed. So the direction from the Board was, let's come back and do that orientation, that overview, like we did back in November of 2016. Unfortunately, the new members had not joined the Board until December. So we're going to give that orientation. And then, if the Board wants us to proceed with the program, we can come back at the subsequent meeting with the action item and the resolution. CHAIRMAN TAYLOR: Very good. Thank you. MR. SANTABARBARA: All right. So very basic overview. Basically, what is PACE? PACE represents or stands for Property Assessed Clean Energy. And back in 2010, the State of Florida passed its PACE enabling statute, Florida Statute 163.02, which promotes the three listed -- categories listed here: Energy efficiency and conservation; renewable energy; and wind resistance and hardening measures. So what the PACE program basically does is provides upfront financing for commercial and residential property owners to be able to complete projects that fit within these categories and pay for the upfront costs of these projects. The program is a voluntary program where the property owners April 25, 2017 Page 85 must participate or want to participate in the program and, ultimately, there is a repayment process that's unique to the program that allows the property owners to repay that upfront cost back to the program through a non-ad valorem tax assessment put on the property tax bills, and that's what Mr. Ray was mentioning and gave input on at the last meeting. So, again, the qualifying improvements that fit within the categories listed, I just listed a few here and just wanted to give you a couple examples of what they would entail. For energy efficiency and conservation, you have, like, HVAC systems, windows and door replacements, which is a majority of the -- based on our research is the majority of the projects that have been completed mostly on the east side of Florida, mostly Miami-Dade, to be specific. And we've been working with Miami-Dade County as well as Sarasota and other jurisdictions to see what they've done to implement their program, and they've been great partners through all of this so far. Renewable energy: Solar panels are the main source of projects that fit this category, and then of your wind resistance and hardening measures, which include storm shutters and gable-end bracing. So some of the key components within the program, I just listed the three main partners; they would have to be a part of the program. So for governmental partners, you would have to have the Tax Collector and a Property Appraiser agreement that gets completed if this board wanted to go forward. The providers would also have to establish an agreement with both the Tax Collector's Office as well as the Property Appraiser's Office. COMMISSIONER McDANIEL: Just one second, sir. MR. SANTABARBARA: Sure, sure. COMMISSIONER McDANIEL: I just want to make a point of clarification. I have a concern about the brevity of the presentation, because there's a lot more to the PACE program that is a benefit to our April 25, 2017 Page 86 community than just those that are, in fact, being -- that are being discussed here. And as a point of clarification, I'm the one that made the motion two weeks ago for -- continuing this item and bringing it back. It wasn't necessarily that I didn't understand the program or hadn't reviewed the information, and I've certainly read this presentation and then met with several of our staff members and PACE providers and the like. But I have a concern when we put up things like this, that this becomes all that the -- all that is, in fact, offered and taken care of. And I wasn't looking for a -- when I made the motion, I had -- I expressed some specific concerns about the liability aspect, the obligation of our Tax Collector, the lack of subordination that comes with this indebtedness and how that, in fact, transpires. I've gotten my answers to those questions. So, I mean, it's at the pleasure of the Board, of course, if we want to continue on, but this is all a matter of public record, and I'm satisfied with -- having the extension of time that we were offered -- and I appreciate that opportunity being afforded to me to allow me to clarify some of my questions. CHAIRMAN TAYLOR: So the issue would be, do we want to hear this presentation for -- well, I don't think Commissioner Saunders needs it but, Commissioner Solis? COMMISSIONER SOLIS: I don't. I've had an opportunity to go through all the materials, and I understand it fairly well. CHAIRMAN TAYLOR: Please don't take that personally. MR. OCHS: No, ma'am. COMMISSIONER McDANIEL: No, it's not personal. MR. SANTABARBARA: No. MR. OCHS: You have eleven registered speakers, so... CHAIRMAN TAYLOR: Yes, that's what I was going to say. I have a feeling that the speakers are going to be able to bring more light April 25, 2017 Page 87 to the subject. Not that the staff wasn't bringing light to the subject, but it was an overview. Thank you very much. MR. SANTABARBARA: No problem, no problem. COMMISSIONER SOLIS: I think there will be questions, though, for staff, so just stick around. CHAIRMAN TAYLOR: Yes, absolutely, when we hear from the speakers. All right. Let's begin. MR. MILLER: Yes. Madam Chair, your first speaker is Jay Neal. Now, he's been ceded additional time by CJ DeSantis who is here, and Jeff Jones. He is here. So Mr. Neal will have a total of nine minutes. And Mr. Neal will be followed by Terry Stark. MR. NEAL: Thank you. Thank you, Commissioners and Madam Chair. And thanks for being so gracious to meet with us Friday when the world was on fire. We prayed for you over the weekend, and I saw you got some rain, so that was a good thing. The presentation that I put together really wasn't designed to do anything more than address some concerns that were made in the previous two board meetings and also in the Naples Daily News. Is there a wand I need to wave to get the -- CHAIRMAN TAYLOR: The presentation? Mr. Miller, this is the gentleman who has the presentation. MR. NEAL: Sorry about that. MR. FRENCH: Why don't you step over here, Jay. MR. NEAL: Oh, thank you. The first point -- the first point is, you know, what is PACE? And I just want to make two points. It is voluntary to the property owner. The structure is very similar to a CDD, but it's an individual property owner that decides whether they want to participate in the program. Another thing I think is important is we're not talking about remodeling projects or granite counters or fixing up a pool. We're talking about improvements that the legislature has put in the statute April 25, 2017 Page 88 that are a compelling state interest, and the staff's already reviewed those, so I won't get into them. But I just want to point out that these -- it's not just anything that you can use this program for. There was some mention of the progress that's made in Florida. The four largest Florida counties have subscribed or joined PACE programs; been not unanimous but pretty widespread support. I think the aggregate vote for the top four counties was 33-1. Charlotte County had it on their consent agenda sometime back. Pasco was 5-0. So I'm just pointing out that it's had some pretty solid support and it's now in 52 percent -- 52 percent of the state of Florida has access to the program. We've also seen virtually no problems. We've had close to 10,000 PACE projects close and no regulatory complaints that we know of because -- the reason for that is that the programs have very robust mechanisms for making sure that everybody's happy, particularly the property owner. And I'd like to point out that about 80 percent of the PACE projects so far have been wind mitigation. They've been windows, roofs, and things that help a home be resilient when we get a tropical storm or hurricane. Also, three things that are consumer protections. One is the legislation requires that if there is a mortgage on the house, that that lender be given a 30-day notice so that they can adjust the escrow account for the additional tax outlay. It's typically at least around 1,800 to 2,000 a year. Second, the providers -- even though these are set up by contractors, the providers do a phone call in which they go down through every detail, every fee, total cost, everything else, to make sure that the homeowner knows exactly what they're getting into. And in some cases, after they hear all that, they decide to go another direction. And, lastly, the contractors only get paid after there's an April 25, 2017 Page 89 inspection and the property owner signs off that they're happy. So there are a lot of protections built in for the homeowner. There is additional cost, and this is something that has to be repaid, but I think it's important to recognize that there's -- with every cost there's a benefit. And any PACE improvement has to do one of two things or both. It has to reduce your energy expenses, or it reduces your property insurance premiums with the state-mandated discounts that we have here in Florida for hurricane improvements. We see payback periods. There's a community -- a senior community with the old jalousie windows with a bad roof in Broward County that had a payback period of a year and a couple weeks. We look at the average payback period as being about five years. There are thousands and thousands of households that if somebody goes into the roof and bangs another nail into the roof, the wall connection, you can have a significant discount on your insurance because you get upgraded from toes (sic) to single wraps. So there's a lot of benefits that go along with the additional expense. I think that the -- none of the programs now will underwrite the additional property value, but I think there's local realtors here that will tell you that if you put in new windows, it's going to increase the value of your house. That's not allowed to be included in the underwriting, so that's added to the property value. When you apply for the PACE assessment, you've got to have the equity existing without the benefit of that additional and later added value. I think last it's very important to understand that there are multiple PACE providers. That's good. That's good because it takes the cost and the fees, and that robust competition is good for homeowners. And I think there are four providers here today and, believe me, I think they are up to the competition. Benefits to the county: Again, compelling state interest. For April 25, 2017 Page 90 every dollar you spend on mitigation, you save 4 to $7. And FEMA says 4. There are private studies, the Ivy League, that say 7. We put some numbers together in those second two bullet points based on 240 commercial projects and 560 residential projects. There's a document that's prepared by the Livermore Labs, U.S. Department of Energy, and other energy organizations that say based on your -- you know, your fees and your millage rate, that that -- that number of projects will create $456,000 in additional revenue. Maybe you can use that to reduce impact fees. It also would -- creates jobs; 554 new jobs in construction, but there are indirect jobs that are also created because we're not spending money on energy or sending it offshore to reinsurance. We're spending it here on segments of the economy that create a lot more jobs. Any, again, it's voluntary. And after you've been through the last weekend, I would submit that post community viability, the ability for people to come back home, for businesses to open, for there to be people to shop at the business that's open, that's important. And the more you can make homes and businesses resistent to wind risk, the more you can ensure that your community is back on its feet as quick as possible. I wanted to address the role of government in this, because that was a question that came up. And my apologies for this presentation kind of being all over the place. But the county has no direct cost nor liability in this program. The Tax Collector has a ministerial responsibility that he's reimbursed up to 2 percent of the payment for, okay. It's up to 2 percent. Charlotte County does a flat $5. Broward County does 11 basis points. Some of the counties do 2 percent. If you're talking about larger commercial deals, that can tend to not make PACE as attractive. But just to point out that that's the case. And the PACE assessment cannot be accelerated. So what happens is when your Tax Collector April 25, 2017 Page 91 talked about the selling of the tax certificate, what actually happens if you have a mortgage is that, similar to the way mortgage holders handle force place, they just pay for insurance if the homeowner doesn't pay their insurance. If the homeowner doesn't pay their taxes, it's enough money that the mortgage holder has control of that process. They'll pay the taxes for that given year given that it can't accelerate and add it to escrow or to the end of the -- in the end of the loan. So as contracts in California, which has judicial foreclosure, we have statutory foreclosure. So there's a lot of protections if people are unable to pay at a later date, so... COMMISSIONER SOLIS: Statutory foreclosure for PACE payment? MR. NEAL: Yes, the PACE portion. Exactly the same way the other non-ad valorem taxes are handled. I also want to talk about the perception that this is for people who can't qualify, okay. And I'm going to do it very quickly, because I'm running out of time. But we've got rates as low as 5.99 fixed, and HELOCs -- I just put up a couple charts here to show. We're at low interest -- record low interest rates, historically low interest rates. So if you look at a 10-, 20-, 25-, 30-year assessment and you want to pick a 5.99 percent fixed, you're getting rid of all that interest rate for the future, where if you're at a four-and-a-half percent HELOC or home equity loan, that may very well adjust up. So I'm out of time. I didn't think I'd take all the time, but I appreciate the opportunity to come before you. Hopefully -- COMMISSIONER McDANIEL: My light was on from before. MR. NEAL: -- we can move this forward. Any questions or -- CHAIRMAN TAYLOR: Do we have any questions for the speaker from here? (No response.) CHAIRMAN TAYLOR: Okay. April 25, 2017 Page 92 MR. NEAL: Thank you. CHAIRMAN TAYLOR: Thank you very much. MR. MILLER: Your next speaker is Terry Stark. He'll be followed by Devesh Nirmul. MR. STARK: Good morning, Commissioners. For the record, Terry Stark. I work for Ygrene Energy Fund. All of these speakers, I'm sure, are going to come up and tell you how Ygrene -- listen to me -- how great PACE is. I just want to address the things that came up at the last meeting, the questions that came up. And the very first question that came up was, okay, this is such a great program, how come I'm reading in the paper that Senator Rubio wants a complete review? Well, as we know, banks, credit card companies, credit unions, all of those financial institutions are under some sort of regulatory agency; state or federal, somebody's looking out for them. It's always been my opinion that as PACE grew up and became more and more a financing mechanism, sooner or later somebody was going to step up and say, we want to have some oversight on PACE providers as well. We're okay with that. We understand that. It makes complete sense to us. The other thing that I like about that in particular is there's 37 states, roughly, that have already approved PACE. I moved down here from Missouri last year. I started the program in St. Louis. What we do in Florida is so different from St. Louis, you wouldn't believe it, and it's all about the fact that in Florida we concentrate on consumer protection. We didn't do any of that in St. Louis. So the fact that they put it under an agency, maybe we'd get more regulatory normalcy, if that's even a phrase, across -- across all the states would be beneficial for PACE, quite frankly, and beneficial for the consumer. One of the other questions that came was about, well, what if April 25, 2017 Page 93 somebody does this and takes out PACE finance and then loses their job. Well, we saw Mr. Ray when he was up here speaking. We saw Jay just now reference the fact that we're going to do tax certificates for three years. It gives that person three years to get back on their feet. Well, if you compare that to what happens if they put that money on a credit card, what happens if they do that with a bank, they may not get three years to recover before something happens. And certainly in the meantime, since those are credit-based items, it's going to be hurting their credit. So from that perspective, they're better off with us. But then when you talk about the underwriting process -- and one of the best questions was around an individual who's on a fixed income but she has -- her mortgage is paid off, so she has all this equity in the house. Well, what about her? What about that senior citizen? As Jay mentioned, we make a phone call to each senior citizen, but we don't make just one. We make up to four, and we do that with different people who are going to repeatedly go through the process. Do you understand what you're doing, and can you really afford to do it? And try and give them the opportunity to really assess, is this a good idea. So I see my time is up. I appreciate your time. I hope you support this as we move forward. Thank you. MR. MILLER: Your next speaker is Devesh Nirmul. He'll be followed by Reed Wilson. MR. NIRMUL: Good morning, Commissioners and staff. Thank you for your careful consideration of this program and staff as well for a lot of their due diligence that they provided. I'm with Renew Financial. My name's Devesh Nirmul. We are one of the four PACE providers associated with one of the authorities here in Florida that is able to implement PACE. April 25, 2017 Page 94 One thing I'd like to focus on, I think, that may not be completely highlighted is that what we sees as the market transformation were these consumer protections. What we are able to do when you compare, as mentioned before, HELOCs and credit cards, then you have PACE, the contractor management, the contractor vetting, training, qualifying process, the permits requirements, the product performance requirements. Essentially, we're transforming a marketplace that I think if you look at what Angie's List or Home Advisor's trying to do, we're taking it to another level, and I think that in itself is a great value. So the public purpose is -- going back to the Florida state statute, I think the public purpose, initially, was to look at how do we capture both public benefit and private benefit through a mechanism like this. But there's additional benefits coming out of this through the consumer protections, the contractor engagement that I think will have an impact beyond just, you know, the program itself. So just to quickly review some of those, I mentioned the product performance requirements, contractor requirements, fair pricing. We have data we look at. We can make sure that pricing is within a reasonable range for the products and services, permit requirements, which are definitely helpful. I know that reinforces what is already a strong contracting culture here in Southwest Florida, which thank you for pointing that out, Mr. French, the last time we spoke and, of course, the funding's only provided once the homeowner has signed off when satisfied with the project, and there's dispute resolution that follows. I think most of the providers, I've shared with you, the comparison chart with the other financing mechanisms, and the senior protections or the protected class protections that come with the call-outs. So just wanted to emphasize those. And I think, you know, it was April 25, 2017 Page 95 mentioned earlier about the importance of maintaining existing infrastructure. I've got a background -- I've worked in public sector and county/city governments as well as commercial and residential real estate, property management, and I'm really passionate about operations and maintenance. And I think all the housing stuff we have in Florida deserves a chance to be continually upgraded to perform better, you know, to meet the codes we have, and I think PACE can really add value there, especially when utility level incentives are not where they used to be. So thank you for your time, and we hope you consider supporting this. MR. MILLER: Your next speaker is Reed Wilson, and he'll be followed by Mike Antheil. MR. WILSON: Edward Hall, who is with me here today, is going to cede his time. MR. MILLER: I'm sorry. Edward Hall, are you here, sir? Okay. So Mr. Wilson will have six minutes of time. MR. WILLIAMS: Good morning, County Commissioners. Thank you for allowing me to speak this morning. My name is Reed Wilson. I'm the owner of the FL Green Team. And I've been in the energy conservation and solar energy business in Southwest Florida for over 35 years. And we do a substantial amount of business in Lee County, mostly in air-conditioning. We're licensed air-conditioning contractors. I'm also a state-certified solar contractor and a state-certified energy rater. Our business model is, we're an energy conservation company, and most of our business and most energy conservation is done through air-conditioning. And I just want to kind of paint a picture, if I may, of who would really benefit from this. And let's -- I see this all the time. You know, I have a family of five people, and their air conditioner, which is 20 April 25, 2017 Page 96 years old, and they've got 20-year-old ductwork in their house that was built in the 1980s, the compressor goes out on their air conditioner. That's a $2,000 fix on a 20-year-old air conditioner. If they put that on a credit card at a minimum payment of 2 percent of that a month, they're paying out $40 a month just to have air-conditioning over and above what they're paying in energy cost. And if they pay minimum amount, it's going to take them 10 years to pay that off, and they're out of pocket $480 a year. The other side of that is that we can apply for financing for them. We use Wells Fargo Bank. You know, credit's really tight. It's amazing how tough these credit agencies are on people. But let's say that family of five gets a credit line for $5,000; I can put in a new air conditioner for them. Again, their minimum monthly payment is 2 percent, so that's a hundred dollars a month. If we factor in their energy savings from putting a more efficient air conditioner in, say that's $50 a month, there's still $50 a month out of pocket, or $600 a year, but they've got a new air conditioner with a full 10-year warranty. Under a PACE program, we could come in, do an manager audit on their home, and provide a new air conditioner, potentially upgrade the ductwork and the filtration in the home, add some insulation and, for a family of five, put a solar water heater in. That's about a $15,000 contract right there. And with that, in theory, you know, their cost on that $15,000 financed through PACE would be about $150 a month, and when you add the energy savings with all the items that I just talked about, the solar water heater, adding some insulation and high efficiency air-conditioning, it breaks down to about that amount of money. So under that scenario, they're basically breaking even, but they've got a brand new water heater with a 10-year warranty on it, they have a brand new air conditioner with a 10-year warranty. So the April 25, 2017 Page 97 benefit to them is obvious in the -- you know, their -- no money out of their pocket, they've got a cleaner environment in their home because we've upgraded their air-conditioning system, and they're saving a heck a lot of energy. The second scenario would be a retired couple. Same thing. Compressor goes out on their air conditioner. If it's on a credit card, it's going to cost them 2 percent of that $2,000 or $40 a month, $480 a year, to still have an old energy inefficient air conditioner. They could put in a new one. Their out-of-pocket at that point in time is, you know, $5,000. They put it on a credit card. They're going to pay $100 a month; 50 of that is going to be saved in electricity, so they're still out of pocket $50 a month. Under the PACE program, we do an energy audit. We can come in, replace the air conditioner, ductwork, add some insulation, put in what's a waste heat recovery unit that is waste heat from your air conditioner will generate hot water. And say these people have a swimming pool, a variable speed pump; if they've got a one-and-a-half horsepower pump, a variable-speed pump costs about $50 a month to run in electricity. I can put a variable-speed pump in there that can do that for 10. So their monthly savings adding up -- and let's say that they heat their pool with a propane or a natural gas heater. We could replace -- or not replace it, but supplement that heater with a solar energy, just in rough math to keep it even; that's a $15,000 improvement. And with those people, counting the air-conditioning, the waste heat recovery unit, insulation, a variable-speed pump and, say, a solar system for their pool, that's a $250-a-month savings with $150 payment through the PACE program. So these are for-real beneficial items. And I speak mostly to energy conservation because that's what my background's always been in. And this program would actually save homeowners money; it April 25, 2017 Page 98 would conserve energy to the tune of -- what is it, 27,000 kilowatts a year, and reduce CO2 emissions about 30,000 pounds a year. So with that said, thank you very much. COMMISSIONER SAUNDERS: Madam Chair, could I ask a question? CHAIRMAN TAYLOR: Of course. COMMISSIONER SAUNDERS: We all received a letter from Mr. Wilson, and in the letter it says -- one of the things says, contractors who are signed up with PACE providers undergo some of the most intensive vetting and training in the industry. Can you elaborate on that a little bit in terms of the vetting, what that means? MR. WILSON: I think that question would be better answered by one of the PACE providers. COMMISSIONER SAUNDERS: All right. MR. WILSON: Because we don't have it here or in Lee County, and I'm just working it in Charlotte County right now. COMMISSIONER SAUNDERS: All right. MR. MILLER: Your next speaker is Mike Antheil. He will be followed by Rick Vaske. MR. ANTHEIL: Madam Mayor and members of the Commission, thank you for the opportunity, or Madam Chair, I should say. My name is Mike Antheil. I am with the company called Renovate America. We are a PACE provider. We are three of the four that you'll hear from today. We have done -- just to put a little bit of perspective, we have done about 80,000 of these PACE installations across the country, a little bit more than $2 billion dollars in funding. Not necessarily touting our program, but I'll give you some statistics, just so you know that we do have some empirical data to kind of back it up. Real quick, on the question about contractor vetting -- in fact, I could spend the entire last two-and-a-half minutes talking about that April 25, 2017 Page 99 but, essentially, you know, that is what separates PACE from virtually any other -- or from any other form of financing is our ability to, for lack of a better term, kind of hold these contractors' feet to the fire. We do have a pretty intense process through registration, through getting the contractors trained, through helping the contractors understand the dos and the don'ts of, you know, how we're actually approaching the people that we're dealing with -- or the homeowners that we're offering PACE to. In fact, I think there might be a do and don't pamphlet that one of our -- that Renew handed out. And, ultimately, as the folks that are offering the financing, we have the ability to hold these contractors accountable for their work. The reality is, you know, the registration, the vetting process, is so much so that a fly-by-night contractor, if you will, would probably be so daunted by it that they wouldn't even bother signing up, you know, for PACE in the first place. As somebody mentioned, you know, we're not paying the contractors the full amount until the project is done. We will actually go through and train the individual salespeople who might work for Mr. Wilson. For example, when you're -- when they're dealing with a homeowner who's over the age of 65, we'll actually train those sales folks on how to spot signs of dementia, how to, you know, not necessarily -- you know, there's always that negotiation process, you know, how to maybe not give them the highest price right away knowing that, perhaps, an elderly homeowner might not negotiate with somebody who's kind of more willing to beat somebody up. We've got, you know, dozens of these kind of little steps that we'd be happy to identify, but that's really what the contractor vetting is all about. The only point I was going to talk about is transferability, because we did talk about that at the last meeting. At the point of sale, one of the benefits of PACE is the ability to transfer the assessment to the April 25, 2017 Page 100 new homeowner. What I would stress, though, is that it is an option. It's not always going to happen, but it oftentimes can happen. Essentially, it is something that can be negotiated at the point of sale, and it can either be we are forced to -- or the seller has to pay it down, the seller is disclosing it as part of the transaction, or the assessment is actually transferred on to the new homeowner, but -- the assessment is transferred on to the new homeowner, but the idea is so are the savings; the insurance premium savings, the energy savings, and the ongoing maintenance savings. So thank you for the opportunity. We're certainly available for questions, and we appreciate, you know, the fact that Collier County is even considering such a fantastic program. MR. MILLER: Your next speaker is Rick Vaske. He'll be followed by Rafael Perez. MR. VASKE: Good morning, Commissioners. Thank you for your time in considering this. My name's Rick Vaske. I'm the CEO of Advanced Solar in Fort Myers. We've been operating solar systems for about 33 years. We have an office here. We also have one in Fort Lauderdale where we've been taking advantage of the PACE program in Dade for just about over a year. We haven't had any issues with any of these loans because of the training that we've been provided by the PACE providers. All the questions for the homeowners, our staff, and the background checks that they've done on our company -- we are a five-star rated company -- has been very thorough. The questions that the homeowners typically have is, how is this going to help my return on investment for my solar system? Mr. Wilson did a great job in explaining how this benefits the homeowner for a better return on investment. But that's the number-one problem that my industry faces is the return on investment of solar. And I know that Collier County could definitely use a little more April 25, 2017 Page 101 renewable energy, and this is the best solution, in my opinion, of how we become a more renewable energy-efficient community down here in Collier County. I think this is -- puts us on a fast track. I know that in Charlotte County we've already hired two new people up there as salespeople. We've also hired new two installers because of some of the demand that we have, and we don't want to drive as much up there, so we hired local contractors up in Charlotte County or in -- yes, in Charlotte County. So I think that's going to happen probably down here in Collier County as we move into the PACE program; more jobs are going to be available down here. Currently we don't have a problem driving down from Fort Myers, but the demand for solar and renewable energy products down here that PACE will allow us to move into is really going to put more jobs, I believe, into this market for our business and for our industry. I know in Dade County we increased by 34 percent in renewable energy products into that county over there in just about a year and a half. So it's been a great benefit to our business. I know that it's -- we're just one small business. Out of all the projects that it's available for, all the contractors that it can benefit, but I'm speaking on behalf of just Advanced Solar and the 54 employees and our projected growth for 2017 and '18 and the years to come in renewable energy that goes into the state of Florida. I just have seen the benefit for our company, and I know what it can do for Collier County. I appreciate your time, and I hope you consider this. MR. MILLER: Your next speaker is Rafael Perez, and he will be followed by Erin Deady. MR. PEREZ: Good morning. Rafael Perez with Ygrene. I want to just briefly thank the staff -- Madam Chair, April 25, 2017 Page 102 Commissioners, I want to thank the staff for the hard work that Mr. French and Mr. Santabarbara have done in the last two years. But just to let you know, we've been discussing this with this county, with Bruce Register, who's no longer here, for over four -- four, almost five years. So this is a long time in waiting. And at that time we were giving you -- bringing you a concept. The difference now is that -- and I could speak on -- Ygrene has done over 9,000 transactions in Florida for over $200 million. And some good facts to share is, our delinquency rate for not paying, property owners, their taxes, is less than 1 percent. Our default rate on that 9,000 is zero. We have no defaults. Absolutely none. We train our contractors. My background is a general contractor, plus I worked in the legislature and stuff. We train, monitor our contractors constantly. They have to have general liability insurance, workers' comp. They have to come pull a permit. I'm sure this county does a great job in making sure that nobody pulls a permit that is not qualified. Additionally, we -- 95 percent of our transactions, we don't pay the contractor till the work is 100 percent complete, inspected by the city, and a final inspection in the file. So that's very important; the only industry that that happens. My colleagues and some others spoke about a deal verification called -- we call it our welcome call. It's the only industry that I have ever heard -- if I went to buy a car, nobody asks me -- nobody calls me after I sign the papers. If I do a mortgage, nobody calls me after that. A credit card, nobody calls. We call the property owner back and say, this is a recorded line. If you want to go -- we ask the person's name, we ask for their phone number, we ask for their date of birth, and we say, this is a recorded call. We go through all the terms, what they're going to pay, the years that they've decided, and a lot of times, guess April 25, 2017 Page 103 what, they walk away. And contractors get really upset. But, you know what, we're protecting the industry, we're protecting you. We're protecting everybody as a whole. One important thing is, right now our program and others have more than 100 cities, 52 percent of the population, and we have no problems. I haven't had a call, anybody telling me we want to remove this. Nobody's terminated us. And you have the right to terminate us at any given time. You, I think, were one of the most regulated businesses there is, because any -- any property that calls one of you commissioners or the County Manager, we have to address the problem immediately, and we do that, and that's why we take pride in protecting. Our customer service surveys, 93 percent of property owners are satisfied and will recommend us and, lastly, this is the best economic development there is that exists out there. We're not asking for no money. Don't give us no money. Just let us operate. And I'm here for questions. Thank you for your time. COMMISSIONER SAUNDERS: Madam Chair? CHAIRMAN TAYLOR: Yes, of course. COMMISSIONER SAUNDERS: Just before Mr. Perez leaves, I want -- a couple questions. You said 100 cities and 50 percent of the population. I assume you're talking about 100 cities in Florida. MR. PEREZ: A hundred cities and counties in Florida, and 50 percent of the population's already participating. COMMISSIONER SAUNDERS: Have these programs. And do you know what the total -- PACE contracts total have been throughout the state, your company, the other companies? MR. PEREZ: About $240 million for 10,000 transactions. COMMISSIONER SAUNDERS: And your company's done 9,000 of those transactions? April 25, 2017 Page 104 MR. PEREZ: Nine thousand for 200 million. COMMISSIONER SAUNDERS: And how long have you been doing these? MR. PEREZ: We started in October of 2013. COMMISSIONER SAUNDERS: There was a -- I want to ask you just a quick question, because there was some discussion about some problem in Arkansas. And my understanding is Arkansas doesn't even have a PACE program. Can you elaborate on that? MR. PEREZ: Yes. So a senator out of Arkansas proposed some legislation in the federal government, and the legislation's more towards residential. And Arkansas does not have a residential program. They have a commercial program, and they haven't even started operations. The two states that are offering a residential PACE right now is California and Florida. And, you know, I appreciate the federal government wanting to get involved, but I think this is passed by our legislature, it's been vetted by your staff, it's -- you guys will be giving us the blessing if we proceed, so I think this is definitely a states issue, or local level. COMMISSIONER SAUNDERS: Thank you. MR. MILLER: Your final speaker on this item is Erin Deady. MS. DEADY: It's afternoon. Good afternoon. Erin Deady. I have a slightly different perspective. I'm the program counsel. I'm one of the lawyers for one of the third-party administrators, so I can field any questions about the legal structure, the agreements, agreements with the property appraisers, tax collectors, policies, resolutions, state federal legislations, statutory questions, but I did want to take time to just clarify one piece of this. Most of the people that you've heard from so far have been third-party administrators, private companies that administer these programs. And I just wanted to clarify that these third-party companies are not out operating in a vacuum. The way PACE works, April 25, 2017 Page 105 it's a multi-government collaboration that people have come together, local governments have come together through an interlocal agreement. All of them went through a procurement process, and they procured those third-party administrators, and those third-party administrators have to operate under a contract with a local government entity. So when more local governments come into the program, they join that original core of those local governments that launched the program. So I'm not going to repeat what everybody else said. I can speak to -- one final parting thought is there have been three previous attempts at federal legislation on PACE, all focused on consumer protections. And, you know, it's like any legislative process, what you start with is not necessarily what you end up with, and the PACE industry has participated in those legislative efforts in the past and will do so with this one. So I can field any questions you might have. Other than that, I'll yield the rest of my time. CHAIRMAN TAYLOR: Okay. Thank you very much. MS. DEADY: Okay. Thank you. CHAIRMAN TAYLOR: All right. Ms. Terri, we have a fairly short agenda in front of us after we hear this item. Would you like a break now? Because the thought is that we will work and finish this agenda. And perhaps it will be another hour. I'm going to -- at your pleasure, what you would like to do, because you're the one that's working, working, working here. THE COURT REPORTER: I could take a quick break now. CHAIRMAN TAYLOR: Okay. That's fine. Let's break for, ma'am, what would you suggest for you? THE COURT REPORTER: Ten minutes. CHAIRMAN TAYLOR: Ten minutes. Come back at 12:18. (A brief recess was had.) April 25, 2017 Page 106 MR. OCHS: Madam Chair, you have a live mike. CHAIRMAN TAYLOR: Thank you very much. So we're at the point where we heard the public speaking, so -- and that's been closed. No other speakers, correct, Mr. Miller? MR. MILLER: No. CHAIRMAN TAYLOR: All right. I believe Commissioner Fiala -- who will be coming back shortly. So let us hear from Commissioner McDaniel. COMMISSIONER McDANIEL: Who is in the process of getting a drink of water. CHAIRMAN TAYLOR: Apologies for that. COMMISSIONER McDANIEL: I'm sorry? CHAIRMAN TAYLOR: I said apologies for that. I was looking at this. COMMISSIONER FIALA: Excuse me. I'm trying to gobble lunch. CHAIRMAN TAYLOR: Commissioner McDaniel's going to speak first. COMMISSIONER McDANIEL: And I just have a couple of points I'd like to make. And I want to make it clear that today we're voting on -- basically we're voting on PACE, no PACE. There's going to be an ordinance that's developed with specificities and how the process is going to be managed? MR. KLATZKOW: No. You're voting on whether or not -- if you don't want PACE, we're done. If you do want PACE, staff's going to back with these third-party providers and come back with contracts for you. COMMISSIONER McDANIEL: That's what I just said, isn't it? PACE, no PACE? MR. KLATZKOW: No, because you could say no PACE the next time, too. All you're doing is asking staff to go forward with the April 25, 2017 Page 107 process and then to bring you back -- there are, like, four or five statewide agencies on this. They'll be bringing you -- COMMISSIONER McDANIEL: That may not be what I asked or what I said, but that's what I meant to say. MR. KLATZKOW: There you go. COMMISSIONER SOLIS: But last time this came there was a resolution attached to the executive summary, so there's no -- CHAIRMAN TAYLOR: No. COMMISSIONER SOLIS: There's no vote on this today? CHAIRMAN TAYLOR: No. COMMISSIONER McDANIEL: That's correct. MR. KLATZKOW: Well, there is. There's a vote on -- COMMISSIONER SOLIS: To move forward or not? MR. KLATZKOW: -- move forward or not. COMMISSIONER McDANIEL: Which is -- that's what I said. He doesn't agree with me, but that's what said. Number two, I wanted to make a point, in the last meeting we had a discussion, and I had concerns about the subordination and/or in the event of a default that the entire balance might be accelerated and lenders be put in harm's way because of that, and it's not -- that's not the case. It's the annual assessment that travels along with the indebtedness that is the only exposure that a first lienholder might, in fact, have. And third I wanted to -- and this was during the original presentation. And there are a lot of benefits that can come from having a program such as this. I mean -- and I'm certainly not going to -- I'm going to bring up the most recent fire. I mean, our residents in Eastern Collier County predominantly, we're all on wells. And one of the first things that the fire department does when a fire department blows up is they cut the power as a matter of safety, and then those of us who are on wells who have no power then really can't run our sprinkler systems April 25, 2017 Page 108 or do anything along the lines to try to help ourselves protect our properties. And there are mechanisms through some of the PACE providers that allow for additional generation for installation, which is over and above the home hardening or the -- or the alternative energy benefits that can come from these -- from these particular providers. CHAIRMAN TAYLOR: Can you please repeat that. I didn't understand anything on that end. What has that got to do with fires? COMMISSIONER McDANIEL: Having a generator allows you to continue to run your -- because if you're on electricity and your well is shut down -- CHAIRMAN TAYLOR: So if you want to have a generator, you can go to PACE? COMMISSIONER McDANIEL: Yes. One of our county employees had a picture, William Kosis (sic), he works for the Supervisor of Elections, but he had a video going, and he's got a -- one of those Rainbird sprinklers that's up, and it's spewing water in a 60-foot radius all over the top of his home, the roof of his home, which, you know, a lot of issues with fire comes from spotting. And once the power is shut off, they go through and they -- you know, once the evacuation is set, the power is shut off, and then people who maybe could have helped with fire suppression can't any longer because they don't have a generator. I happen to have a generator, so... COMMISSIONER SAUNDERS: Plus, you could have solar panels installed on your home so you'd have electricity no matter what. That's part of the program as well. COMMISSIONER McDANIEL: Right. I'm not sure that that would be enough to pump your well or not, or run your well pump, but I know a generator would. CHAIRMAN TAYLOR: Depends how many solar panels you have. April 25, 2017 Page 109 COMMISSIONER McDANIEL: Yeah. It would take a lot of solar panels. CHAIRMAN TAYLOR: It would take a lot. Okay. Commissioner Saunders? Oh, Commissioner Fiala, I'm sorry. Your light was on way before Commissioner Saunders'. Apologies, Commissioner Saunders. COMMISSIONER FIALA: I just -- I have a whole bunch of questions, but let me first ask the question: Did I read or hear that if people take a loan out through PACE, if they miss payment or miss payments, their house could then be repossessed by the PACE people and sold? CHAIRMAN TAYLOR: Staff's going to answer this. COMMISSIONER FIALA: Pardon me? CHAIRMAN TAYLOR: Staff wanted to answer this. MR. SANTABARBARA: Hi. Geno Santabarbara, for the record. It will be the equivalent of not paying your taxes. So it would go the same process as you would normally go through if you didn't pay your property taxes. COMMISSIONER FIALA: Sell your home off the tax deeds you mean? MR. SANTABARBARA: Right. COMMISSIONER FIALA: I see. Okay. And I notice that it seems that there are -- the presentations that we've had are appealing to people who can't get a loan from a bank or can't -- or who are seniors or, you know, are having, you know, low income or whatever, and so they're going to help them out. Well, if they have problems making payments now, what makes you think they're not going to have problems making payments with PACE? But then they lose their home? Now, if they needed a generator, for instance, go down to Home April 25, 2017 Page 110 Depot and you buy it; you get 12 months interest free on buying your generator. Why would you pay any interest at all to anyone when you could go down and get your generator, and you're set to go? That's a problem that I have. Let's see. I think we have -- within the county we have money that we have when people are trying to improve their home and if their lower income; they can appeal to us, and we'll give them money towards some of that home improvement, especially roofs and air conditioners and so forth that qualify for that through our Housing Department, and that's another benefit that we have that we can offer people. And same with -- I talked to generators, because that's what you were talking about, Commissioner, but you can -- even if you want to buy doors or windows, you can go to Lowe's or Home Depot and get them on an interest-free loan for a whole year. I think that that's something you want to do. I'm really worried about taking advantage of people who are already vulnerable, and then you take advantage of them again, and that -- I mean, if I were a salesman for one of these companies -- not some of the reputable companies that I heard about today. You can start out with five -- or six reputable companies, and they're great, but you better believe that that's going to be infiltrated almost immediately with people who aren't so reputable and want to take advantage of those that are more vulnerable. And, of course, when they go into the door and tell them that they can buy this thing and we're going to help you -- you know, we've come here to help you, and you're going to save lots of money, right? And the government supports our efforts. That's what I'm sure they'll say. As long as the county's here, you know, it's got to be good, never realizing that the county will then come in and sell their house on the open market; they don't realize that. April 25, 2017 Page 111 And it worries me tremendously, and it is hitting a wrong chord with me. I've got many other things, but I'll move on for now. CHAIRMAN TAYLOR: Okay. Commissioner Saunders? COMMISSIONER SAUNDERS: Thank you. I have listened to Commissioner Fiala's concerns, and they're legitimate concerns. You don't ever want to have a situation where vulnerable elderly people can be taken advantage of, but you're not looking at the PACE program in the right -- in the right way. The PACE program is -- the way it's presented and what staff can do with this is that vulnerable people aren't going to be taken advantage of by unscrupulous contractors. There are a variety of protections to make sure that vulnerable people aren't taken advantage of. And that's a small -- that would be a very small segment of people that would be interested in this type of program. You don't have to be an elderly, vulnerable person to want to improve your air-conditioning system; you may be a lower income. And I think those folks should have just as much of an opportunity to improve their homes, as I have, as an example, and as all of us have. And so this program isn't something that's going to result in vulnerable elderly people being taken advantage of. It's been pointed out that there have been 10,000 residential facilities financed in Florida with zero complaints, zero problems; 100 cities and counties in Florida have this program; 52 percent of the population in the state of Florida live in cities and counties that have this program. It's being considered in all of the areas in Southwest Florida, and the program is going to continue to grow. And, you know, hopefully Collier County will participate in this for a variety of reasons. One is giving homeowners and business owners an opportunity to have an optional mechanism to harden their homes from storms or to improve their energy efficiency or, as Commissioner McDaniel pointed out, perhaps put solar systems in April 25, 2017 Page 112 where loss of electricity could result in some very significant losses to the property. There are significant advantages to the people that we all serve on this commission. So I hope that the commission has an open mind to this. The second thing -- another point is that if there was one single problem in Collier County, we can terminate the program. It's totally at our option. So I would suggest approving this, moving forward with it, would be the right thing. I've talked to realtors, I've talked to contractors, I've talked to property owners; no one that I've talked to is opposed to this. No one that I've talked to has said anything other than this is a good program, it's going to help the economy, help employment, it's going to help homeowners, and it's optional. And so I hope that the Commission votes to move forward with this. CHAIRMAN TAYLOR: Commissioner Solis? COMMISSIONER SOLIS: Very quickly. And I agree what Commissioner Saunders has said. This is another option for homeowners to be able to, essentially, upgrade their homes. The -- one of the major protections I see is that it isn't the judicial foreclosure that banks follow. I mean, that's a protection in and of itself. The debt isn't accelerated as in a traditional mortgage where the bank can declare it in default. It's all due today, and if you don't pay it within a certain amount of time, they're going to start a foreclosure, and you will have your house sold if you can't pay it. So the fact that it follows the tax certificate, tax deed methodology is, I think, a major protection for homeowners. I also have done a little research and haven't found any problems with it. There hasn't been any instances where the elderly -- or people have been taken care of (sic). And the fact, I think, also that in the underwriting process, the underwriting process doesn't take into April 25, 2017 Page 113 consideration the equity after the improvement's made. You have to have the equity in your home prior to the construction being done, I think, is a very conservative approach that I think would protect the homeowners as well. It's not something that they're really going to be -- there's going to be this overreach on the financing. So I think this is a good option to present to the residents. It's a financing option. And I think it could help a lot of people in the community, so I'd be in favor of it. CHAIRMAN TAYLOR: All right. I've heard from my colleagues. Let me talk about this. I'm going to address what you said. In Collier County, you have equity where you live. It's just what we do. That's why they want to be here. They would not be, you know, here and having a dialogue with Collier County for, I heard, four years, but certainly for two years, if Collier County was a place where property values are falling. So the equity issue is a gift to them. That's why they're knocking at our door. It doesn't matter if the people staying -- the home -- or whether they can even afford it. The equity in the home is there. The people don't even have to do anything, and the equity in the home is increasing on an annual basis. Why would any person buying a home where they've used this PACE program to upgrade the energy efficiency of the home, whether it's an air conditioner or a roof, perhaps, but I'm thinking more windows and doors, solar heating, why would any new homeowner agree to having that carry into their term of the loan? COMMISSIONER SAUNDERS: Is that a question that -- COMMISSIONER SOLIS: Is that a question? COMMISSIONER SAUNDERS: -- you want somebody to answer? CHAIRMAN TAYLOR: I'm going to answer it. COMMISSIONER SAUNDERS: Oh. April 25, 2017 Page 114 COMMISSIONER SOLIS: Oh. CHAIRMAN TAYLOR: Because we live in the 21st century, because what was great and the latest efficiency five years ago is not there today. The SEERs change all the time. The requirements change all the time. What this program does is maintain the cost of these improvements for the manufacturers. People who can -- people, I was told -- the people in -- I was told this in a meeting that the average homeowner in Collier County pays cash and their credit rating is 700 and, therefore, that means that we can move this ahead pretty easily because, you know, these people are here. Well, why would they not go to a bank? Why would they not use the Home Depot option? The -- it was interesting to know the counties where it started and knowing the senator from the county where it started is one of the three senators now asking the federal government to review the truth in lending. I think that speaks volumes of what the federal government wants to do and why are we getting ahead of the federal government in Collier County? These folks are not going to go away. And we could continue this until such time as there is some kind of legislation. We don't have to, you know, deaden it by a no vote, but I think it's very risky to get ahead. The idea that I cannot use my trusted contractor to do the repairs on my house or to improve it, people that I've dealt business with for 30 years, speaks volumes of why these people want to do this, because they're making money. It's all about making money. You can put it under the umbrella of green and, you know, sort of mom and apple pie and the American flag and green energy and all the wonderful things that we want to do and -- but the bottom line is, these PACE providers that come in get -- they have to get some kind of kickback from the contractors, or else they would come in and say, April 25, 2017 Page 115 look, we can provide the financing for you; you choose your contractor. They don't do that. There's a reason for that. It was said here that Collier County Commissioners have -- are not liable for this. Oh, but, oh, we are. We are. We're going to make a decision whether this program goes forward or not go forward. We are liable. The buck stops right here. So if there's problems in the future, we have that responsibility. It's ridiculous to say we don't have liability. The other thing that is really apparent in this program is that when they come in and talk to a homeowner about the program, they do not talk about the savings that homeowner will have on their house specific to their house and specific to the income of that, of that homeowner. They can talk about it in general, like when you're sold an air-conditioning, well, if your bill is this, then it's going to be this, and this and that, which we all have heard before and we've all gone through. If you have the correct kind of roof, your savings on your insurance will be that, but if we did an energy audit of the home, the individual home, and tell that homeowner, you know, maybe, yeah, you can spend $15,000 on all these improvements, but, you know what, you know, probably over the life of, you know, when you want to sell the house or what you want to do, it's probably not going to be that much of a savings, because we've done that very particular energy audit, which is what they apparently do in commercial. They're very clear about telling commercial folks, some companies are, about their savings. It becomes almost a sort of an Alice in Wonderland sale to a homeowner that you, too, can be energy efficient. You, too, can get the latest and greatest. Doesn't matter if next year the latest and greatest has changed, but you, too, can get it, and you will save all this money because these papers say you will. April 25, 2017 Page 116 I think this is not a program for Collier County. I don't think -- I am very concerned, as my colleague, Commissioner Fiala, is about the disadvantaged, the people in low income, the people that -- the seniors who may not have dementia, don't pull that -- don't pull that hat -- that straw out of the hat. No, they don't have dementia. Come on. They're seniors. And what they have is this need to be very independent and this very -- a lot of them have this great fear, especially if they're widows, of making decisions but, at the same time, trying to save money, because they come from our greatest generation, and they know about saving money. So I think this is a wolf in sheep's clothing, and I cannot support it. COMMISSIONER SAUNDERS: Madam Chair? CHAIRMAN TAYLOR: I don't know who was first. COMMISSIONER FIALA: I don't know. CHAIRMAN TAYLOR: All right. Commissioner Saunders? COMMISSIONER SAUNDERS: I don't need to go first, but I'm happy to. COMMISSIONER FIALA: Go ahead. COMMISSIONER SAUNDERS: There were a lot things in your statement that were just incorrect, and I want to be very respectful, but I want to address some of those. I'm going to start off with one where you said you can't use your trusted contractor, and I think you said that speaks volumes. And if that were the case, it would speak volumes, because you talked about kickbacks and all of those evil things that happen when you have to use a specific contractor. That's not the case with this program at all. The way the program works is that the providers will vet contractors, and they'll have a list of contractors. And if you want to use the PACE program, you talk to one of the providers, and they say, well, here's our list of contractors. April 25, 2017 Page 117 You're willing -- we vetted these, and you say, well, I want to use my trusted contractor, and they say, that's fine, and they will go through the rules and the processes with your trusted contractor. And you use whoever you want. No one is mandated to use any particular contractor. That is just plain wrong. And I don't know where you got that information, but it's not correct. If that's a big part of your basis for talking about fraud and taking advantage of people, then your basis of fact is just incorrect. One of the statements that you made is that the average home purchaser in Collier County pays cash. CHAIRMAN TAYLOR: No, no. That's not my statement. That's your PACE provider statement. COMMISSIONER SAUNDERS: I don't know where that came from, but let's assume that it's correct, the average homeowner in Collier County pays cash. I have a hard time believing that that's correct. I consider myself to be a fairly average home purchaser, and -- COMMISSIONER McDANIEL: Commissioner Saunders, you're anything but average. COMMISSIONER SAUNDERS: Okay. Let's say I'm above average. I couldn't pay cash for a home, so I don't know where that statistic comes from, and I don't believe it. But let's assume that it's correct, that there's some average where people are buying -- paying cash for their homes. What about the people that can't pay cash for their homes? This is not an elitist community. We're trying to develop more affordable housing or housing that's affordable. We're trying to make sure that people that are at lower economic strata can live here, but we also want to make sure that they can improve their homes. So to say, you know, half of our people pay cash so, therefore, we don't need anything, ignores the other half, and I think that that's just plain wrong. I'm kind of passionate about this because I've been involved with April 25, 2017 Page 118 some of these providers for years. I know what they do. And all of these horror stories about fraud and taking advantage of the elderly just don't exist. Ten thousand in financings in Florida with zero issues. I will tell you, bankers hate this program, and you'll get letters from -- you know, Senator Richter is -- was a great senator. He's a great community leader. He's also a banker. And he's indicated that he has some problems with this program. His problem with the program is that the PACE lien takes priority to the mortgage. That's the only way this program would work, and that's why the legislature set it up that way. And so bankers will pound the table. They'll do everything they can to stop this program. It benefits the little guy, it benefits all of us, and bankers hate it because of that priority. So a lot of the facts that you're getting are just incorrect. And I just use a couple of them, but especially the trusted contractor, as you're hearing stuff that's just not correct. The issue of, why should we get ahead of the federal government? I'm almost shocked to hear any local government person or state government person say why should we get ahead of the federal government. We should always be ahead of the federal government. And if you think that the federal government's going to do something in Washington dramatic with this, I think it was stated this has been going on for three or four years. It may go on for another three or four years. CHAIRMAN TAYLOR: No. This was just filed in June. COMMISSIONER SAUNDERS: It doesn't matter when something is filed, because that happens all the time. CHAIRMAN TAYLOR: Don't confuse you with the facts? COMMISSIONER SAUNDERS: Okay. Well, let's wait for the federal government. I think that that is -- you know, I never want to wait for the federal government, period. April 25, 2017 Page 119 And so your facts are incorrect. I hope that you will at least take a look at it, but that's my comment. CHAIRMAN TAYLOR: All right. Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes. Did you -- let me just make sure I understood what Commissioner Saunders said. Did you say 10,000 in the state of Florida have already gotten this program? COMMISSIONER SAUNDERS: Yes. COMMISSIONER FIALA: And nobody's ever had a problem? COMMISSIONER SAUNDERS: My understanding is that there have been no complaints about this program. COMMISSIONER FIALA: Okay. Because I would love to verify that before I vote. COMMISSIONER SAUNDERS: Well, there are people that have -- COMMISSIONER FIALA: Yeah. Not from the people who make the money off of it. I would like to verify it from areas that it's located in. I want to know that nobody's had a problem, because I understand there have been problems, and I could be understanding wrong. Maybe the people that tell me there's no -- there are problems are wrong. Maybe they weren't being honest about that. I don't know that. But right now I feel very protective over the people who -- you see too many times where people who are nervous about -- you know, I mean, how many people are taking advantage of elderly right now over the telephone and they're selling them a bill of goods, and you read about it over and over. It's just -- it's pathetic to see what's happening, and I'm just worried about this. The only people who are here are people who are making money off the program. I mean, there's not going to be anybody else here. And I really am concerned about that. April 25, 2017 Page 120 And also, I've heard that the agreements that they make -- I can't verify this myself. I've just heard that the agreements that they make with the contractors, they have an agreement whereby their company also reaps a little bit of benefits. The Tax Collector is very, very concerned about that. By the way, he also takes 2 percent. So if they charge 6 percent, and the Tax Collector -- well, he just told me that. COMMISSIONER McDANIEL: Up to. COMMISSIONER FIALA: And -- CHAIRMAN TAYLOR: No, he said 2. COMMISSIONER FIALA: Yeah. He said 2 percent. And so he's very concerned about what's going to happen. And I was hoping that he would be here, by the way, to say that for himself. But, anyway, this is what I understand. I love getting -- I think everybody in Collier County, everybody in the whole United States, ought to get involved in solar. I think that's a -- not only is it the way that we should be doing now, but it's the wave of the future. We need to get off of our dependency on other sources of energy. And, absolutely -- you know, the Amish are into solar electricity. How do you like that? They are. And I know that for a fact. But, anyway, I'd love to get there, but if I have to go, you know, to get free interest for a year, I'll do it. But I don't want to pay higher interest and then another percentage, 2 percent on top of that because the county has to collect that money on their taxes every year. I just don't think that that's right at all. And I think if we're voting for this, number two, we're voting so that now our county government -- our county government is supporting for-profit businesses right within our own community. I don't know we've ever done that before, and that gives me a lot of stomachaches to think that we would go out and say, yeah, yeah, we'll April 25, 2017 Page 121 even collect it for you. That's wrong. CHAIRMAN TAYLOR: Yeah. That's it? COMMISSIONER FIALA: That's it. CHAIRMAN TAYLOR: Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: It's with love that I make a motion that we approve item -- whatever one we're on here. COMMISSIONER FIALA: I think it's 11C. COMMISSIONER McDANIEL: -- 11C. CHAIRMAN TAYLOR: All right. There's a motion on the floor. Do I hear a second? COMMISSIONER SAUNDERS: I'll second that. CHAIRMAN TAYLOR: Okay. Any more discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER FIALA: Might as well say it nice and loud. CHAIRMAN TAYLOR: It passed 3-2. MR. OCHS: Commissioners, that takes us to Item 11D. COMMISSIONER SAUNDERS: Mr. Ochs, let me just make one comment, because Commissioner Fiala -- and I say that with all due respect. COMMISSIONER FIALA: I know. You and I work really well together. COMMISSIONER McDANIEL: And it's with love. COMMISSIONER SAUNDERS: And it's with love. You said that it gives you a sick feeling in your stomach for the April 25, 2017 Page 122 government to be involved in helping these for-profits. Why are we talking about providing free land to developers to build housing that is affordable? It's the same thing. We are promoting -- we're using government, we're using government assets, to help promote a private developer, for example. COMMISSIONER FIALA: It's aiding us, isn't it, to help the housing situation for people who -- COMMISSIONER SAUNDERS: The point is that government frequently is involved in assisting private in what private enterprise does, which makes a profit. So I just point that out, because we are doing that, and we're going to continue doing that, and there's nothing wrong with it. COMMISSIONER McDANIEL: And on an additional note, this is going to come back before us with the specificity as far as the ordinance and things goes, which will allow you some time to further investigate some of the statements that have been made with -- COMMISSIONER FIALA: Oh, I will. COMMISSIONER McDANIEL: I'm sure you will. So it's -- you're going to have -- this is not -- as Commissioner Taylor likes to say, this is the first bite at the apple. COMMISSIONER FIALA: I just don't want to see people hurt, and then they say, well, the government approved it. COMMISSIONER McDANIEL: Right. COMMISSIONER FIALA: That's the selling point. COMMISSIONER McDANIEL: Nobody -- CHAIRMAN TAYLOR: Government approved the program. COMMISSIONER McDANIEL: And I'm not selling too hard. I'm not -- I mean, I can see that there -- I can see that we should, you should, have concerns, but there is a large portion of our community that can, in fact, benefit from this that can't just go to Home Depot and get the 12 interest -- 12-month interest free because they don't have the April 25, 2017 Page 123 creditworthiness to be able to get that type of financing. They can't just go do those things. Your concerns -- CHAIRMAN TAYLOR: Those are precisely the -- COMMISSIONER FIALA: And it's on the open market. COMMISSIONER McDANIEL: I understand that. CHAIRMAN TAYLOR: That's why truth in lending is such an important process that is not being followed by this. COMMISSIONER McDANIEL: Well -- and that's one of the reasons the congressmen are bringing this forward. That's one of the reasons we heard one of the providers saying they're looking forward to regulatory agency overseeing this just to help with some of the less reputable providers that are in this program to provide for some guidance and supervision along the way. CHAIRMAN TAYLOR: But what happens in the meantime? Why the rush? (No response.) CHAIRMAN TAYLOR: Okay. Thank you. Item #11D PROVIDING PUBLIC NOTICE OF THE INTENT TO RESUME AND AMEND PROFESSIONAL SERVICES AGREEMENT NO. 06-4000 WITH CH2M HILL, INC. FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT, AND UPON SUCCESSFUL NEGOTIATIONS, BRING BACK AN AMENDED CONTRACT FOR FINAL APPROVAL TO COMPLETE THE DESIGN WHICH WAS SUSPENDED, BUT NEVER TERMINATED, BY THE BOARD OF COUNTY COMMISSIONERS. (PROJECT NO. 60168) – APPROVED MR. OCHS: Madam Chair, that moves us to Item 11D. This is a recommendation to provide public notice of the intent to resume and April 25, 2017 Page 124 amend professional services agreement with CH2MHill for the Vanderbilt Beach Road extension design project, and upon successful negotiations, bring back an amended contract for final approval to complete the design which was suspended but never terminated by the Board. Mr. French is available to make a presentation. I will add that staff has worked closely with the County Attorney's Office and our Procurement Director and the Clerk of the Circuit Court's Finance Director and our Deputy Clerk, Ms. Kinzel, to bring this item forward. We do have one addition that Mr. French would like to read into the record that relates to the staff recommendation if I might, Madam Chair. CHAIRMAN TAYLOR: Yes, of course. MR. FRENCH: Good afternoon once more. Jamie French, or James French, Deputy Department Head for the Growth Management Department. Commissioners, as the County Manager indicated, with using an abundance of caution and certainly in cooperation with our Procurement Director, the County Attorney's Office and, of course, the Clerk's Office, and considering that Immokalee Road will be over capacity within the next five years and that the Vanderbilt Beach Road extension will offer relief to this situation, staff does believe that this project is critical and would constitute an emergency. MR. OCHS: Madam Chair -- CHAIRMAN TAYLOR: Thank you very much. MR. OCHS: -- we're available to make a presentation or respond to questions from the Board. I know you do have one registered or, sorry, two registered speakers as well on this item. CHAIRMAN TAYLOR: What's the pleasure of colleagues up here? Would you like to hear a presentation, or do we hear from the speakers first and maybe a presentation? April 25, 2017 Page 125 COMMISSIONER FIALA: Oh, let's hear from the speakers. Now that Jamie has added that one caveat to this thing, I think it makes it ready to go. But we first want to listen to the speakers. COMMISSIONER McDANIEL: Agreed. CHAIRMAN TAYLOR: Is that agreement? COMMISSIONER SOLIS: Yep. CHAIRMAN TAYLOR: Okay. Very good. MR. MILLER: Madam Chair, we have two speakers on this item. Your first speaker is Peter Gaddy. He will be followed by Carol Pratt. MR. GADDY: Good afternoon, Commissioners. Some 10 years ago a previous County Commission held a meeting in this same room, and at that meeting the alignment of the Vanderbilt Beach extension over the objection of 50 or 60 speakers was approved. At that meeting the County Commission said that this is an emergency, that it was necessary because Golden Gate Estates was going to be built out by 2016. They also said at that meeting that people would be generously compensated. Unfortunately, that never occurred. What did occur was the great recession. The contract with CH2MHill was suspended, and, approximately, I don't know, 400 property owners in Golden Gate Estates were left hanging for 10 years. I would hope that if you decide to proceed with this contract that you commit yourself to acquiring the right-of-way without waiting another 10 years. Your vote today is a commitment to follow the five-year work plan previously approved which calls for the expenditure of $2 million this fiscal year and $25 million in the next fiscal year. That's Fiscal Year 2018. It also calls for construction in 2021 of 61 million. My question is, do you have these funds identified and the source of these funds April 25, 2017 Page 126 identified? And if not, are you going to borrow the money or are you going to pay -- raise taxes? Thank you. MR. MILLER: Your next speaker and final speaker on this item is Carol Pratt. MS. PRATT: Good afternoon. My name is Carol Pratt. I live out in Golden Gate Estates, have for 30 years. I would like Vanderbilt Beach extension to be reconsidered in that I do realize it does need to happen. We will need relief from traffic out there. But the way it's proposed now is it goes, like, from the north side of the canal, build a bridge to the south side of the canal, and then build another bridge back over to the north side of the canal to avoid golf courses. Now, we're told it's wells. But, really, you could go through the golf course and avoid taking people's homes. And in the end, instead of putting in three bridges, you'd just have to put in one to make this road happen. Further, Commissioner Taylor, I understand that you have proposed the workforce housing on property off of Vanderbilt Beach Road extension on the north side of the canal, the 122 acres where there's also a park planned and a school planned. So that's just that many more people that will go through our residential area. And, you know, we really promote and want our urban way of living. And so I see just a ton of traffic come through all of our residential roads, our community. I think that in the prior planning, Commissioner Fiala, you were here then on the board. We had -- this room was full; the hallway was full of people opposed to this road. And it went forward anyhow, and we had little to no voice in it. And so in this next -- next time that we go around, I would hope that you get people's input, that there's transparency, and that you'll reconsider taking people's homes as opposed to a golf course. April 25, 2017 Page 127 And I would also like to see the numbers on it. You know, this was kind of put through, and we were all kind of wondering, like, how can you build bridges to go north and south and do all these things to avoid a golf course? So we'd really like to see the numbers, how this is -- how it would compare to do it one way as opposed to another way. Thank you. CHAIRMAN TAYLOR: Just one moment. No one is -- we identified county-owned property. No one -- there's nothing -- no decisions made on what properties, if any, would be used for any kind of housing -- cost-burdened housing. So just please understand that it may be on a map, but it doesn't mean anything more than these are the lands that the county owns. MS. PRATT: Well, what I read in the Naples Daily News -- you know, that was my source, so -- it says that the property that you had suggested was on the Vanderbilt Beach extension that was east of 951. That would be in our neck of the woods. CHAIRMAN TAYLOR: But only in terms of large properties. Nothing in -- nothing more than, oh, this is a large property that the county owns. And, by the way, there's one over here and there's one over here; that kind of thing. There's been no decision. This is a process, and we're right at the beginning. MS. PRATT: Well, my point is is in that process -- CHAIRMAN TAYLOR: Yes of course. MS. PRATT: -- if it does happen, that will be a lot more people than we intended ever coming down our roads, which we didn't want in the first place. CHAIRMAN TAYLOR: Of course. Yes. No, I respect that. That's a gentle correction, not a criticism at all. MS. PRATT: Thank you. CHAIRMAN TAYLOR: Okay. So there is a couple of questions before us that I think need to be addressed from the speakers, so... April 25, 2017 Page 128 MR. CASALANGUIDA: Ma'am, I can take those if you'd like -- CHAIRMAN TAYLOR: Yes, I'd like to. MR. CASALANGUIDA: -- as part of the department that planned that project and then, ultimately, took us through this downturn and back up. The alignment has been pretty much set. You know, we will revisit minor changes. But this 60 percent design plan change that we're talking about going through the 100 percent plans, that went through extensive involvement, as Mr. Gaddy and Ms. Pratt pointed out. So there will be some minor tweaks, but I would not imagine a wholesale realignment evaluation as part of this project. The funding that Mr. Gaddy talked about, the Board has been privy to the explanation that we plan to go to debt service when we go to construction. We will do "pay/go" for the parts of design and early permitting. But when we get into mitigation and construction, it exceeds your revenues, and I think that was part of the budget discussion that in probably 2019 or 2020, some of the funding that will be required for construction will be a debt allocation as well as some of the bridges in the Estates. So we plan to come back and do some more public involvement to talk about the tweaks to the plan since it's been dormant for a period of eight to 10 years. We will surely include that in the process. We will come back to the Board with these changes, if any, to the alignment, but that's the plan, ma'am. And I think that answers their questions. CHAIRMAN TAYLOR: And I guess I have one question, as someone who wasn't here on the original planning of it; why would we not go through golf course? MR. CASALANGUIDA: It wasn't just the golf courses. There were well heads, to the tune of 1.5 to $2 million for each well head to April 25, 2017 Page 129 be replaced. So on the north side of the canal, not only is the golf course there, but every section or half section, I think even smaller than that, 1,300 feet between streets, Dr. Yilmaz has a deep injection well, deep well. So the relocation of those wells is extensive to do that. So that alignment took that into consideration when the board heard that. And I think Mr. Gaddy and Ms. Pratt are correct. We were here till 10, 11 that night. I think there were a hundred-plus speakers that heard all the pros and cons of each alignment. And the consultant, as part of that, laid out why the alignment was chosen. CHAIRMAN TAYLOR: Okay. MR. CASALANGUIDA: We'll look at it, but it's been looked at extensively as part of that process. CHAIRMAN TAYLOR: Okay. MR. KLATZKOW: Keep in mind, we've been purchasing real estate up and down that corridor since then. MR. CASALANGUIDA: Fourteen million dollars worth. MR. KLATZKOW: So changing it now, I don't know what you would do with what we've purchased. CHAIRMAN TAYLOR: Okay. No, I speak as someone who wasn't here and hasn't followed it. MR. KLATZKOW: Yes. CHAIRMAN TAYLOR: I ask these questions without any ulterior motive. I just think it's important to bring it to the public, for me, and to bring it to the public. Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. And two of my questions were answered, and it had to do with the right-of-way acquisition and then also the construction costs. But the other is, are we going to continue on with the neighborhood information processes to inform the people that are -- that are new to the area? April 25, 2017 Page 130 Again, it was mentioned by our speakers -- and though I wasn't sitting up here when this issue came through, I have been extremely active in our community, and I watched the angst and the concern that was brought forward with this. And there's been -- again, not purposely, but there's been a lot of damage been done to people's property values because of the advent of this road coming through. I remember as late as last year during the campaign when I was out knocking doors, I talked -- I said, Vanderbilt's not coming. I remember talking to people up there, because they were concerned about the devaluation of their properties and their homes where they live. And, you know, it was pretty much S -- standard operating procedure. I was going to say SOP -- but that Vanderbilt wasn't coming. So it's obviously moving forward, and especially due to the fact of the imminent -- it's inevitable that the failure -- we already know about the concerns on Immokalee Road and the excess traffic, and that failure of that highway system we have to provide for some alternative routes to move our people, period. MR. CASALANGUIDA: We will include public involvement, sir. That will be one of the new tasks that will be corrected as part of the contract when it comes back. COMMISSIONER McDANIEL: Okay. CHAIRMAN TAYLOR: Commissioner Saunders? COMMISSIONER SAUNDERS: I was just curious as to what Commissioner McDaniel had to say about the issue, since that's in his district, and I think he's expressed that, so I'm going to follow his lead on this. CHAIRMAN TAYLOR: Commissioner Fiala? COMMISSIONER FIALA: Yes. Excuse me. When we listened to it before, the most important thing that I heard is it gives people another way out. And especially now, after suffering with these fires and everything, you need as much roadway April 25, 2017 Page 131 as you can to get out of a dangerous zone quickly. And so I feel that we must move forward with this, and with the -- with the addition that you added to this language, I make a motion to approve. CHAIRMAN TAYLOR: There's a motion on the floor. Do I hear a second? COMMISSIONER McDANIEL: Second. CHAIRMAN TAYLOR: Any other discussion? COMMISSIONER McDANIEL: Yes. CHAIRMAN TAYLOR: Okay. COMMISSIONER McDANIEL: And I wasn't going to bring up the fire again because I used it in the last one. But I'm going to talk about it and, you know, we're going to get a presentation. I think -- yeah, Dan's here. We're going to get a presentation on that event here shortly. But, you know, I was asked several times, well, why were the evacuation areas so voluminous? Well, it was twofold. Number one, that fire was moving so fast, and we had little -- very little time to manage the process. Two, we all know we have limited infrastructure in Eastern Collier County. This is the beginning of that process to assist us with moving our people in advance of any natural disaster that's coming forward. CHAIRMAN TAYLOR: Okay. Any other discussion? There's a motion on the floor to approve and a second. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Can I stop in the middle of a motion, or do we go through it and then I can amend the motion to see if there's -- April 25, 2017 Page 132 how do we do this according to -- MR. KLATZKOW: You are voting on this motion now. CHAIRMAN TAYLOR: We're in the middle of it, okay. So all those in favor, say aye -- those opposed like sign? (No response.) CHAIRMAN TAYLOR: Okay. Motion carries. I'd like to amend the motion to declare that this is an emergency. COMMISSIONER FIALA: That says we did. COMMISSIONER McDANIEL: It's already been done. CHAIRMAN TAYLOR: But I think it has to be within the motion itself. COMMISSIONER FIALA: Well, I said -- COMMISSIONER McDANIEL: It was added to the public record. CHAIRMAN TAYLOR: Okay, fine. Thank you very much. That was -- COMMISSIONER McDANIEL: It was added to the executive summary specifically for that purpose, so... CHAIRMAN TAYLOR: All right. Good. COMMISSIONER FIALA: Thank you for mentioning, though. It's a good thing. CHAIRMAN TAYLOR: I just -- I missed that. Okay, very good. Thank you very much. MR. FRENCH: Thank you. Item #11E PROCLAMATION/RESOLUTION 2017-82 & RESOLUTION 2017- 83: RATIFYING THE LOCAL STATE OF EMERGENCY SIGNED BY THE BOARD CHAIR IN RESPONSE TO CURRENT WILDFIRE CONDITIONS AND LOCAL EVACUATIONS AND April 25, 2017 Page 133 TO IMPOSE A BURNING BAN IN ACCORDANCE WITH ORDINANCE 2013-22 - ADOPTED MR. OCHS: Madam Chair, that takes us to Item 11E. That was an add-on item. This is a recommendation to ratify the local state of emergency that was signed by the Board chair and also to authorize a burning ban in accordance with Ordinance 2013-22. Mr. Summers will make a brief presentation. MR. SUMMERS: Commissioners, good afternoon. Dan Summers, Director of the Bureau of Emergency Services and Emergency Management. I hope you'll forgive the lack of tie today, but we were on the fire line early this morning. COMMISSIONER FIALA: You're going to have to go home and put a tie on. MR. SUMMERS: Yes, ma'am. I'll work on that. And I'm not sure which is more scarier, standing in front of you before lunch or a major disaster, but I'll go quickly. Real quick, a couple of things. We're really here -- as Manager Ochs mentioned, we're kind of lumping four things here: The -- certainly the burning ban and the state of emergency declaration, I believe, are two proclamations in front of you. I wanted to give you a very brief update but, as you know, operations are still ongoing, and the EOC is partially activated. And, certainly, I believe if the -- I have a few slides here. If you kind of want to revisit wildfire mitigation real quick. So, Madam Chair, I'll yield to you just to see if you want to move forward -- or I would request, please, that you'd move forward on the burning ban and the state of emergency declaration. CHAIRMAN TAYLOR: Any -- COMMISSIONER McDANIEL: So moved. COMMISSIONER SAUNDERS: Second. April 25, 2017 Page 134 CHAIRMAN TAYLOR: All right. So there's a motion on the floor and a second. Before we leave this topic, I would like to see if we can't look at this again in a couple of weeks. I know our former commissioner, Tim Nance, would like to present some concepts. There -- his greatest concern is that forestry isn't funded at an adequate level. So he is suggesting there may be an opportunity for an MSTU in the Golden Gate Estates area but, as he presented to us before you were elected -- and, actually, we had a -- his concern was always fire. And he has some ideas about how to sort of drill down to it to the point where it becomes almost part of our permitting process whereby we let folks know when they want to build in the Golden Gate Estates maybe what they should and shouldn't do, which, I think, Commissioner McDaniel, you know very well. COMMISSIONER McDANIEL: Yes. CHAIRMAN TAYLOR: But the newcomers probably don't. So if you would be available in a couple weeks, and I think maybe we'll hear it. And at that point we have a motion on the floor and a second. All those in favor, say aye. 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: Okay. COMMISSIONER FIALA: Did you want to show us something, by the way, Dan? MR. SUMMERS: Ma'am, I do. I think I have a couple of -- just April 25, 2017 Page 135 a couple -- CHAIRMAN TAYLOR: We've love to see it. MR. SUMMERS: I just wanted to revisit real quick the wildfire mitigation discussion, and I'll be glad to -- if I could, I'll follow the sequence here of the PowerPoint. Real quick, I do want to mention, first of all, our hearts and prayers for those who've suffered injury and loss. We are -- the fire district Chief Schuldt and Red Cross and other agencies are continuing to support those individuals. It was very unusual. It took us time to get back into those areas, and I'm sure this was a tough go for folks because of the information; it took some time. I'm confident that our community will continue to assist these families. Growth Management is here as well; Jamie French is here as well. And if you would like, he can certainly discuss some options within resources that GMD or options might can provide to help those folks come back to be re-established. A real quick update on the fire: Again, 7,000 acres, 65 percent contained. Current resources: 41 dozers, 118 forestry personnel. The aircraft, as of midday, are going to be released; that's a very good-news item, as well as our out-of-region mutual aid. Let me give you a couple of quick statistics: There were 17 county departments involved in this response; five regional coordination teams; 47 fire departments from across the state were called in to assist. Part of our mutual aid in coordination with Greater Naples; 16 partnering agencies; 120 Florida Forestry -- pardon me, 120 forestry personnel; 30 from the Department of Environmental Protection with their firefighting equipment. At one point we had 11 aircraft on station and 14 bulldozers. So we also received 12 residents at Max Hasse that we supported as a reception center; 32 residents we supported as a reception center April 25, 2017 Page 136 for a while at Golden Gate. We moved overnight sheltering to North Collier Regional Park and had six people spend the night over there at Golden Gate. Our impact analysis and damage assessment's still ongoing. The unmet needs that we have in terms of operations are none, and we continue that local state of emergency and your burning ban. Thank you for approving that. I'm sort of lumping the wildfire mitigation discussion here together real quick. We mentioned before wildfire is our second greatest threat. We had about up -- we've had -- we've been fortunate. We've been wet up until this year, or average. Today's fire continues to be mitigated, and with over 7,000 acres burned in this most recent event. Seven wildfire disaster declarations since 1999. We're now on our eighth wildfire disaster declaration, which was approved by FEMA. That's a different set of reimbursement criteria. We haven't done a Fire Management Assistance Act reimbursement in a long time, so we've got to get the book out and you work on that just a little bit and review with our agencies and our federal partners on some of that reimbursement. Ninety-one percent of your county lives in the urban wildfire interface. Collier County's annual statutory contribution is $27,000 a year to Forestry. Our busiest months of wildfire are mentioned there. And as I had mentioned to you, we're only halfway through. So the state of emergency was prudent. I'll re-evaluate that as needed and, certainly, the burning ban needs to stay in place, and I think I recommended 30 days on that burning ban for now as well. Wildfire mitigation efforts are very cost effective, as I mentioned briefly in previous years. Our historical heat map, our map tells you about the activity, and this was measured -- the fire districts and 911 April 25, 2017 Page 137 put this together for us and was put together in 2016, and here is the map of the footprint of the fire that we just went through. The little pink dots there, we used federal assets to do a nighttime infrared flight. Those are hot spots that the fire service and forestry are working on. The acreage did change a little bit, and that was a result of a little bit more better mapping, not necessarily expanded fire. And hats off to these dozers clearing lines. They're almost doing 29 miles of line with the dozers in order to ensure that this is a protected area. What can we improve on? And I think that was some of the concern here that we want to talk about again in the future is expanding capability and levels of service within mitigation and wildlife. As you mentioned, Madam Chair, maybe some type of fund, and MSTU or MSBU was part of our previous presentation. We'll continue, and we've got a great working relationship; we have this dialogue with Public Utility about expanding water points, whether it be from wells, potable water, lakes, or ponds. Hats off to Public Utilities again. We were teed up for some of those well sites that they had for raw water, and they were on point for us, as you would expect. And a lot of these raw water points also require some engineering. You just don't take a 12-ton fire truck and park it on the soft sugar sand and pump water in it. So we know that if we do some other remote rural water strategies, we have to engineer that just a little bit. Forestry told us some startup costs that they used in Lee County to do some more chopping efforts, and those numbers are listed there as well as finding other types of funding opportunities or leveraging mitigation, as we refer to it, to make some additional contributions to suppression. So very rough math here was a dollar per acre, and in the county would bring you this; 50 cents would bring you 196,000; and 25 cents April 25, 2017 Page 138 per acre, 98,000. So this was just a very, very rough little bit of math for you. I wanted to make sure you saw what that chopping operation looked like. It certainly does little damage to the soils and the infrastructure out there using this type of light-weight equipment where it's appropriate, and Forestry has right of entry agreement capability in the state of Florida and, again, certainly the expertise to do this very quickly. Last, I'll finish up here, just as a summary. Again, legislative efforts are certainly part of this for not only ground operations but air operations for Forestry. Continue to use the Fire-wise concept; that's the marketing, the education program that we talk about with the defensible space. We can certainly continue to review anything in the Land Development Code, but a lot of that applies to new structure, and certainly what we're looking at is existing structures. And, finally, consider any other opportunities maybe to gift -- I don't -- maybe provide funding for manpower and equipment for Forestry to give this wildfire mitigation a boost. I can't stress enough the team work, the cooperation. I had the easy part. The boots on the ground and the lifting and the moving and the sweat and the endurance where the firefighters, the men and women on the line. Our Forestry partners have integrated perfectly in our Emergency Operations Center, and we had the right tools in the toolbox. And I can't -- and that's because you all helped us with that, and I thank you very much. The residents, the businesses, and the visitors here were very cooperative and very patient, and we could not have asked for a better community to pull together during this difficult time and to assist those that were impacted by the fire. We recommend an online donation to Red Cross and Salvation Army, so we'll continue to help those folks. Let me see if you have any questions. April 25, 2017 Page 139 CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. Well, questions, comments, and discussion. MR. SUMMERS: Certainly. COMMISSIONER McDANIEL: For you as well, sir. Number one, I would like to say I spent Sunday morning in the rain like this (indicating) all morning long. And the reason I'm going like this -- because I'm a pretty tall fellow -- is there were fire trucks all over the place in Golden Gate Estates, and I didn't make those guys get out in the rain. I stood in the rain and shook hands with those fire departments. They were parked at every one of the streets on the north line protecting our residents in Golden Gate Estates. Dunedin, Kissimmee, St. Pete, and that's just to name a few of the fire departments -- tankers, firemen that are sitting there waiting that had come to help. And what an honor, what a blessing. And then I went through the entire system where the commands center is at 951 and Davis where they were dispatching and then down to ECS as well and met for several hours with our fire chief and Dan along the way. So thank you. Thank you to all of those folks along the way. What an honor. On a business note, if you were, I've got a question for you. The burn ban was put forth for 30 days. Would it not be prudent -- because I understand we can repeal it at any juncture whenever the good Lord starts sending us more regular rain. MR. SUMMERS: Yes, sir. COMMISSIONER McDANIEL: Would it not be prudent for us to extend that burn ban out for a longer period of time and then allow you to let us know when so we don't have to renew it? MR. SUMMERS: Sir, I am at the pleasure of the Board on that. We thought 30 days would give us an assessment just to see where that April 25, 2017 Page 140 is. We are perfectly happy to make that longer and bring it back to you earlier if needed. COMMISSIONER McDANIEL: Well, I'm not opposed to adjusting it right now. I mean, it's already been enacted. And if we can adjust the time frame right now with a vote of the Board, I would extend it out until such time as you come back to us and let us know. I'm not about government overreach, and there are people out there that have burn permits and things along those lines that are a little slighted because they can't burn their trash and their yard waste and the like, but I think it -- I think this circumstance warrants us extending that out. MR. SUMMERS: We would welcome that. CHAIRMAN TAYLOR: Is that a motion? COMMISSIONER McDANIEL: I'll make that motion and extend it to 90 days from the existing 30 days and allow us to cut it off shorter whenever the time is warranted. CHAIRMAN TAYLOR: Do I hear a second? COMMISSIONER SOLIS: 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, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. COMMISSIONER McDANIEL: I'd like to, on my third point here I'd like to -- I'd like to give some specific direction to staff. There's -- Commissioner Taylor, you brought up the conversation with Commissioner Nance. I have spoken with Commissioner Nance as April 25, 2017 Page 141 well. I would like for us to get some information. I would like to give direction to staff or County Manager to work with our officials, both the fire service, the fire departments, emergency services and the like, and come back to us with a couple of alternatives, and I would prefer it to be within the next two weeks. I don't want to -- I don't want to make this any more of a drawn-out process than it necessarily needs to be. It's extremely distressing to me as a community -- this isn't -- this right now, this particular fire is east of 951, and it's the residents in Eastern Collier County, but this is a countywide issue. Ladies and gentlemen, we were one spark away from lighting up the urbanized area of Collier County. If this fire had been a mile north, we wouldn't have just lost nine structures and three homes or five homes, however -- and I'm not taking away from the severity of the loss, but if this fire had been a mile north, it would have jumped across 951, went right into the urbanized Estates area which have just as thick of a vegetation issue and even in a higher density. So I would like for us to -- I would like to offer to staff positive direction to come back to us with some alternatives. Mr. Summers has already given us a brief analysis as to what Forestry Service has done in other communities. And I applaud him -- because he and I talked about this Sunday afternoon -- the sheer fact that we're only putting $27,000 out to take proactive steps to help protect our community -- all of our community. It's not just Eastern Collier County, but this is an entire countywide issue. I think some adjustments in our prioritization in what's important to us as a community need to be addressed. So with the board's pleasure, I'd like to also make that as a motion as well. CHAIRMAN TAYLOR: Okay. COMMISSIONER SAUNDERS: I'll second that. April 25, 2017 Page 142 CHAIRMAN TAYLOR: All right. 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: It carries unanimously. COMMISSIONER McDANIEL: I'm done. CHAIRMAN TAYLOR: Okay. One more thing. COMMISSIONER FIALA: Is Dan done? CHAIRMAN TAYLOR: No. MR. SUMMERS: Yes, ma'am, I'm done unless you have any other questions. CHAIRMAN TAYLOR: Don't leave, Dan. Don't leave. MR. SUMMERS: Don't leave. CHAIRMAN TAYLOR: I really want to thank you, once again. MR. SUMMERS: Yes, ma'am. CHAIRMAN TAYLOR: Tremendous confidence in you leading this very unexpected but extraordinarily dangerous event, and -- just so pleased. And if there's anything that we can do, you know to call. And just know that you have this board's support for your leadership. MR. SUMMERS: Well, thank you, ma'am. And one -- two -- I just want to mention two very important things to you: One was -- a real accomplishment was the unification that we did with what we call our media management. We brought the Sheriff's public information officer, the Collier County Communications and Customer Relations, the fire district PIOs, the Forestry PIOs, and we made that emergency messages information a machine and a business process unified, and I want to thank the Sheriff for helping us do that. So that's been one of April 25, 2017 Page 143 the -- a push I wanted to have for a very long time, and I think that was very good. We continue to do after-actions reviews and those type of things, and look at our emergency messaging. And the area was broad. And I will tell you that with the variable winds that we had and shifts and this fire fingering the way it did, we were conscious of overreaching and cautious of being undersized in that evacuation area. So we appreciate the residents' patience in that, and we were quite concerned of fire spotting as much as a half- to three-quarter miles away. But, again, my job was easier in the EOC, but the collective teamwork of fire and Forestry, outside agencies, human services agencies, county divisions, it was hard work, but it made it a real pleasure with the team and very, very confident of what might lie ahead. So thank you. CHAIRMAN TAYLOR: Thank you. One more thing, if my colleagues would agree. It's budget time, and I believe, according to our County Manager, the Forestry Department may be subject to some cuts. And I think -- if you would agree, I'd like, with the assistance of our County Manager, to write a letter to the governor requesting that the budget for Forestry statewide not be cut. COMMISSIONER McDANIEL: Be enhanced. COMMISSIONER SAUNDERS: Sure. CHAIRMAN TAYLOR: Is that okay? COMMISSIONER SOLIS: Absolutely. CHAIRMAN TAYLOR: All right. So then -- COMMISSIONER McDANIEL: Third. COMMISSIONER FIALA: Add that word "enhanced." CHAIRMAN TAYLOR: Enhanced. COMMISSIONER McDANIEL: Not only not cut, but enhanced. And if I can chime in just a little bit on what Commissioner Taylor -- April 25, 2017 Page 144 COMMISSIONER SOLIS: The Speaker as well. CHAIRMAN TAYLOR: Yeah, maybe and the Speaker of the House, right? COMMISSIONER SOLIS: And the President of the Senate. MR. OCHS: Yes, in our local delegation, certainly. We'll include those all, if that works for you. CHAIRMAN TAYLOR: And it will go very quickly, so we can get it out. It's two weeks and budget's over, but this needs to be brought forward -- COMMISSIONER SAUNDERS: As before, if you'll send it to me, I'll hand deliver it on Thursday. MR. OCHS: Fantastic. COMMISSIONER SAUNDERS: I'll be up there. COMMISSIONER McDANIEL: Nice. MR. OCHS: Thank you. COMMISSIONER SAUNDERS: And on that note, if I can just piggyback on what you said. One of the benefits of our supporting our Forestry Service is their -- their capacity to enter in onto private property and do proactive mitigation. Our fire departments -- and a lot of people don't understand this. Our fire departments have to have your permission to come on your land and do fire mitigation. Forestry doesn't. And, you know, a lot of our lots in Golden Gate Estates are 75 feet wide. And we've got a 10-foot setback property width on each side. So the people that own the 75-foot lot, they build their house seven-and-a-half feet off the property line so they can get the truck around and get to the garage or shed or whatever it is that's in the back. Well, inevitably, they end up next to a vacant lot next door seven-and-a-half feet away, and the fire department doesn't have enough room to get in there to protect the structure, and nor -- if that property owner's remote, they don't have permission to go on site and do fire mitigation, chopping and the like. April 25, 2017 Page 145 So supporting fire -- or the Forestry Services is an imperative effort. Not supporting our fire departments, please, but supporting Forestry really will help us in some of these proactive steps. CHAIRMAN TAYLOR: All right. Good. MR. SUMMERS: Thank you. 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 us to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: We have no registered speakers on that item, sir. COMMISSIONER McDANIEL: And they cut us off on the computers, too. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: That moves us to Item 15, staff and commission general communications. I have nothing for the Board today, ma'am. MR. KLATZKOW: Nothing, ma'am. CHAIRMAN TAYLOR: Ms. Kinzel? MS. KINZEL: No. Thank you, ma'am. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. Four. CHAIRMAN TAYLOR: Okay. April 25, 2017 Page 146 COMMISSIONER McDANIEL: And I'll go quickly. Number one, I have a happy. I always like to do a happy. I served as president of -- I was a principal for the day at I-Tech over in Immokalee, and amazing school. If you haven't -- my colleagues, if you haven't had an opportunity, please visit I-Tech. It's similar to our Lorenzo Walker school over here off of Airport Road, an amazing facility. Unbelievable placement rates for the students that they have coming in there from an employment standpoint. So that was a lot of fun serving as principal of the day. I would like to ask -- if we could get a head nod, I would like to make some adjustments to the prior board's code enforcement ordinances that were put out. I'm -- we're running -- and this is just a positive head nod to allow me to work with staff to make some adjustments in our code enforcement ordinance, and it's in line with providing for a mechanism of anonymity for people to call and make reports of code enforcement -- perceived code enforcement violations. The ultimate goal is provide for anonymity but yet have accountability at the same time. And I just would like to offer up a suggestion for staff to work on that. CHAIRMAN TAYLOR: Do you want to make a -- it an item so we can decide it? COMMISSIONER McDANIEL: I'll bring it back as an item, but I want a head nod out of you so I can -- I would like to have a head nod out of you so that I can give a direction to staff to work on that with me. CHAIRMAN TAYLOR: I just think -- what if staff brought it back -- what if you made an agenda item, staff would bring it back, and we could discuss whether we even want to do that or not, because it's very controversial. COMMISSIONER McDANIEL: I understand. CHAIRMAN TAYLOR: Okay. April 25, 2017 Page 147 COMMISSIONER McDANIEL: And that's the reason I'm just looking for some positive -- COMMISSIONER FIALA: You've got mine. COMMISSIONER McDANIEL: Okay -- positive direction to staff to work on it and bring it back. All of these things I'm going to bring back as an actual agenda item so that you have an opportunity to review. I'm not going to change something outside of the public venue. CHAIRMAN TAYLOR: All right. I would not be opposed to looking at that again. COMMISSIONER McDANIEL: Good. I would like to make a similar suggestion to our sign ordinance. We have a lot of issues with our sign ordinance, and I would like to make -- CHAIRMAN TAYLOR: Staff's spare time. Signs are one of the most controversial. COMMISSIONER McDANIEL: I'm aware of that. I've already had conversations with staff as well with regard to it, and we have to be careful about First Amendment rights and so on and so forth, but there are some things, I think, that can be done. One of the -- one of the reasons why I sought to become a county commissioner was just to make subtle adjustment in some of the systemic flaws. And we're -- we've been having a -- we've been having conversations about the sign ordinance for quite some time, and I think I can make some adjustments to the ordinance to help enhance our code enforcement efforts with regard to that. So that's another head nod? Yes. Then, as the last point -- and I think Mr. Summers already left -- but I would like to also work with them with regard to emergency services and communication. They did an amazing job with regard to communicating, and they had difficulties with that fire in communicating because it was moving so fast. April 25, 2017 Page 148 And there was -- but I did hear a lot of folks about -- that weren't able to -- that there really didn't seem to be a central information point where everybody could necessarily go to. I know a lot of social media was used and that sort of stuff, but I would like to have a discussion about centralizing that a little bit and giving somebody -- give people a central location to go to. CHAIRMAN TAYLOR: Okay. So that, again, through the County Manager's Office? COMMISSIONER McDANIEL: Correct. And I am completed. That was my four. CHAIRMAN TAYLOR: Commissioner Fiala? COMMISSIONER FIALA: Yes. Two things. Thank you very much. The first thing is I respectfully want to ask for all of your opinion here on the Board. I would -- and it might just be me. I think we ought to take a break at 10:30, and I think we ought to go to lunch at 12 o'clock. Whether we think it's only going to be 15 more minutes or a half an hour, it never takes just a half an hour. Here we are, staff hasn't been able to leave. They can't check with their staff members. Our people are all here. And we're still sitting here. I really think we ought to take a lunch hour at 12 o'clock, come back at 1 o'clock and resume. Because, let's face it, the day is all about BCC anyway. We have the day dedicated. Who cares if we get out half an hour late or two hours late; we're here anyway, so... COMMISSIONER McDANIEL: Especially today. I've been gnawing on my arm since, like, 10:30. COMMISSIONER FIALA: I started eating at lunch just to get a few bites, but I couldn't get very far so now I've -- of course, naturally, I can't eat that lunch anymore. So I was just thinking, if it's all right with everybody else, I think it would be nice if we went to lunch at 12 o'clock. Is that okay with you? April 25, 2017 Page 149 CHAIRMAN TAYLOR: No. COMMISSIONER FIALA: Oh. CHAIRMAN TAYLOR: I look at it differently. I think if we can get the day over, we can get the day over. And it is a day, but I don't know if the whole day has to be dedicated to it. COMMISSIONER FIALA: Well, I mean, I just dedicate my day. You're going to do whatever you please, but I do feel we need to go to lunch. It's not to try and get out of here so fast. It's to make sure everybody can function throughout the day. And I think we need a lunch-hour break. CHAIRMAN TAYLOR: Okay. COMMISSIONER FIALA: How about anybody else? COMMISSIONER SOLIS: I think it's a fair request. I mean, it's 1:30. It's a long day. The court reporter probably could use a break as well. COMMISSIONER FIALA: Right. COMMISSIONER McDANIEL: I agree. I mean, there's going to be certain instances, Madam Chair, where we're going to be able to move it right along and be done and out in a period of time, but everybody has perceptions about agenda items that are coming forth and, you know, today is a perfect example of that where you felt we were going to be fairly quick after we came back from our break, and those were subjects that took a little bit longer. And so I think staying to a schedule will allow for the public and our court reporter and ourselves to better function. COMMISSIONER FIALA: I don't mean that to be a -- CHAIRMAN TAYLOR: No, I know that. I just -- I'm used to working. And when you work and you can get it done earlier in the day, it gives staff -- and that's my experience with the City Council, especially. You know, staff works all the time whether they're in a meeting -- and in a meeting they're listening, but they have work that April 25, 2017 Page 150 adds up when they're not here (sic), so it gives staff an opportunity to go back and work in a day where maybe the lunch break wouldn't be so important to them. COMMISSIONER FIALA: Okay. Let's ask a few staff members. How do you feel? Do you want to break for lunch or -- we might as well ask them. MR. OCHS: No, no, no. It's the pleasure of the board, ma'am. CHAIRMAN TAYLOR: No. It's already a vote. That's already a vote. No one's going to do that. COMMISSIONER McDANIEL: We're not going to go there. COMMISSIONER FIALA: Okay. MR. CASALANGUIDA: You're asking when we're hungry. COMMISSIONER FIALA: The second thing now that we're all -- I know that everybody's hungry. I understand that. The second thing -- and this is the fun thing is, it's pickleball now. Everybody has to be there. MR. CASALANGUIDA: That's awesome. COMMISSIONER FIALA: I think it's so much fun if you see the improvements that we've made to this park. From the park that was a rundown slip of a park to seeing what it is now to become the pickleball capital of the world; pickleball capital of the world. It is amazing. And to see the happiness and the fun that's going on over there. Thirteen hundred players signed up to play this year, coming from 46 countries, and -- I mean, 46 states and 12 countries. I mean, that -- you know, how can you beat that? And this is only the second year doing this. I'm so proud of them. I'm so proud of what they've done. The TDC has backed us up all the way. They're the ones that put a shade structure up. And on Sundays at the games, people were just shaking their head in disbelief. They said, nothing else is like this in the world. Oh, they were so impressed. People were getting goose April 25, 2017 Page 151 pimples and everything because they thought it was so great. And so if you -- you not only sitting right here in the audience, but out there, if anybody happens to be listening to this meeting, go see it for yourself. It's so much fun. It's a pride and joy, and it's something that we would have never thought of doing three years ago, and here we are now the pickleball capital of the world. So with that, thank you for indulging me. COMMISSIONER McDANIEL: Thank you. CHAIRMAN TAYLOR: Commissioner Solis? COMMISSIONER SOLIS: I just have a couple comments. One, I would like to commend staff. You know, for anybody that's not following it, District 2 right now is in what I've been calling the perfect storm of capital improvements projects. The bridge replacements on Vanderbilt Drive and then all of the utilities work that's being done on the finger streets south of 111th. I mean, two major, major, very messy, smelly difficult projects within walking distance of each other, which is really creating a -- having a huge impact on traffic, everything. You know, the responsiveness that staff has had and their willingness to continually improve communication with the owners, I mean, there's -- I keep trying to tell everyone, you know, it's just a huge project and there's no, you know, tidy non-odorous way of replacing all of this. It is a huge -- it's a huge project, and it's having a huge impact. So I would like to commend staff, the County Manager, Assistant County Manager, and other staff, with, you know, the willingness to continually try to keep the residents up to speed. And I also had another situation off of Orange Blossom. There was a little miscommunication, I think, somewhere along the line, but staff immediately jumped on that and resolved it, and I just -- I can't say enough. I'm continually impressed by the responsiveness of the April 25, 2017 Page 152 staff. So thank you very much. MR. OCHS: You're welcome, sir. It was our pleasure. COMMISSIONER SAUNDERS: The only thing I want to say is I'm going to have a problem getting to the workshop on June 6th, I believe, so I will go back -- if it stays on that date, and I assume it will, I will go back and listen to the tape, and then there's an MPO meeting on June 8th, I believe -- yeah, June 8th, and I might have a problem getting to that as well. So I just wanted to alert you so that we make sure we have a quorum at that meeting. CHAIRMAN TAYLOR: I hope it's fun. COMMISSIONER SAUNDERS: It is. COMMISSIONER FIALA: I will probably -- I don't know if I'll be able to make the 6th, but I can do it by phone. Will the quorum be established even though I can only participate by phone? CHAIRMAN TAYLOR: If you can -- COMMISSIONER SOLIS: I think if the Board approves appearance by phone, it's okay. CHAIRMAN TAYLOR: Yeah. COMMISSIONER FIALA: Okay, good. COMMISSIONER McDANIEL: For the workshop, yeah. COMMISSIONER SOLIS: Yeah. CHAIRMAN TAYLOR: Okay. The Del's -- Del has indicated that he would like to sell his property to the CRA. He would like to start that process to see if the CRA is interested in it. I'm passing out now Florida Statute 163.370 that indicates that in CRAs, indeed, you can buy and sell property. It also indicates that the purpose of the CRA is -- there is revitalization, but it's also to expand and enhance, and they do use those words "affordable housing." So as we move forward, if there is an interest -- I'm not saying that the county is going to buy it, but if there's an interest, we should be able to direct staff so that they can start that process. April 25, 2017 Page 153 COMMISSIONER FIALA: What price is he asking? CHAIRMAN TAYLOR: Don't know anything about it. It's just if there's an interest. Okay. Commissioner Saunders? COMMISSIONER SAUNDERS: I could not express any interest until I know some of the details. I don't want to -- CHAIRMAN TAYLOR: No. Would you allow staff to entertain it to bring us details back? Not to buy it, but just to open the door? COMMISSIONER SAUNDERS: I don't have any problem with staff coming back and saying, you know, this is a piece of property that might be up for sale. But I have really -- I'll be very -- I would be very cautious about buying property. That's all. CHAIRMAN TAYLOR: Okay. Commissioner Solis? COMMISSIONER SOLIS: I agree. CHAIRMAN TAYLOR: Okay. COMMISSIONER McDANIEL: I would be extremely cautious. CHAIRMAN TAYLOR: Okay. Commissioner Fiala? COMMISSIONER FIALA: I wouldn't want to do anything until we know the price. CHAIRMAN TAYLOR: Yeah, but, no, no. I'm not saying buy it. I'm just saying to start a process by which the staff would be willing to say, okay, you know, what -- how big is the property? What's your price? And then, of course, nothing would go from that point on. To bring us back information. COMMISSIONER FIALA: So far we've got three votes that say, no, not really? COMMISSIONER SAUNDERS: Just -- I think we've all said if staff wants to come back with some information, fine, but we've all said we're going to be very cautious about buying it, period. COMMISSIONER FIALA: Okay. Well, I'll go along with it, too. April 25, 2017 Page 154 CHAIRMAN TAYLOR: Yeah, me, too. So there it is. And that's all I have right now. Thank you very much. All right. Hearing none, meeting adjourned. **** Carried unanimously (no formal motion was made) that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 RESOLUTION 2017-74: A RESOLUTION TO DECLARE A PUBLIC HEARING TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 60-FOOT WIDE ROAD RIGHT-OF-WAY KNOWN AS 25TH AVENUE NORTHWEST, APPROXIMATELY 665 FEET IN LENGTH, BEING A PART OF TRACTS 1, 2 & 3, GOLDEN GATE ESTATES UNIT NO. 21, PLAT BOOK 7, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT ROAD RIGHT OF WAY IS LOCATED WEST OF 8TH STREET NORTHWEST, JUST NORTH OF IMMOKALEE ROAD IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA (VAC-PL20170000440) Item #16A2 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $489,300 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.886-1, PL20130002538 FOR WORK ASSOCIATED WITH ARTESIA NAPLES, PHASE 3 – THE AS-BUILT LAKE CROSS April 25, 2017 Page 155 SECTIONS HAVE BEEN RECEIVED AND LAKES HAVE BEEN INSPECTED BY THE DEVELOPMENT REVIEW DIVISION Item #16A3 THE RANKED LIST OF DESIGN PROFESSIONALS PURSUANT TO RFP NO. 17-7097, “COLLIER CREEK MODELING,” AND AUTHORIZE STAFF TO NEGOTIATE A CONTRACT WITH THE TOP RANKED FIRM CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC. FOR SUBSEQUENT BOARD APPROVAL; OR, IF CONTRACT NEGOTIATIONS ARE UNSUCCESSFUL TO AUTHORIZE STAFF TO COMMENCE CONTRACT NEGOTIATIONS WITH THE SECOND RANKED PROPOSER, ATKINS NORTH AMERICA, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM Item #16A4 A TIME EXTENSION TO A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION AND CONSTRUCTION ENGINEERING INSPECTION OF INTERSECTION IMPROVEMENTS ON GOLDEN GATE PARKWAY AT LIVINGSTON ROAD (PROJECT NO. 33431) – EXTENDING THE CONSTUCTION COMPLETION DATE TO DECEMBER 31, 2017 Item #16A5 THE CLERK OF COURTS TO RELEASE A PERFORMANCE April 25, 2017 Page 156 BOND IN THE AMOUNT OF $289,720 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.082-3, PL20150002846 FOR WORK ASSOCIATED WITH CAYS OF NAPLES (FKA HACIENDA LAKES OF NAPLES TRACT B) – THE AS-BUILT LAKE CROSS SECTIONS HAVE BEEN RECEIVED AND LAKES HAVE BEEN INSPECTED BY THE DEVELOPMENT REVIEW DIVISION Item #16A6 RECORD THE FINAL PLAT OF WILLOUGHBY PRESERVE, (APPLICATION NUMBER PL20160003121) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY Item #16A7 A WORK ORDER WITH CB&I COASTAL PLANNING & ENGINEERING, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR 2018-2019 LOCAL GOVERNMENT FUNDING REQUEST UNDER CONTRACT NO. 15- 6382 FOR TIME AND MATERIALS NOT TO EXCEED $19,818, AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE WORK ORDER, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM – FOR COLLIER COUNTY’S SHORE PROTECTION PROJECTS AND BEACH RENOURISHMENT PROJECTS THAT INCLUDE SOUTH MARCO ISLAND; ALONG WITH THE COUNTY’S INLET PROJECTS AT WIGGINS PASS AND DOCTORS PASS April 25, 2017 Page 157 Item #16A8 FIVE AGREEMENTS FOR THE PURCHASE OF SIX EASEMENTS REQUIRED FOR THE CONSTRUCTION OF A REPLACEMENT WEIR ON THE GOLDEN GATE MAIN CANAL BETWEEN 8TH AND 10TH STREETS NORTHEAST. GOLDEN GATE MAIN CANAL WEIR NO. 4 REPLACEMENT (PROJECT NO. 60204) (ESTIMATED FISCAL IMPACT: $11,300) – FOR THE FOLLOWING: PARCEL 101TCE; PARCEL 102TCE1/TCE2; PARCEL 103TCE; PARCEL 104DAME; PARCEL 104TCE Item #16A9 RESOLUTION 2017-75: GRANT FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF CORSICA AT TALIS PARK, APPLICATION NUMBER PL20140001402 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED; ACCEPTANCE OF THE PLAT DEDICATIONS, AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A10 AN AFTER-THE-FACT BIG CYPRESS BASIN LOCAL PARTNERSHIP GRANT APPLICATION SUBMITTAL, IN ORDER TO BECOME A CO-APPLICANT WITH THE CITY OF NAPLES, TO PROVIDE FUNDING FOR THE WEST GOODLETTE-FRANK ROAD AREA JOINT STORMWATER AND WASTEWATER COLLECTION IMPROVEMENT PROJECT – WITH THE FOLLOWING 13 STREETS AFFECTED: April 25, 2017 Page 158 HOLLYGATE LANE, RIDGE STREET, ROSEMARY LANE, 12TH STREET NORTH, 10TH STREET NORTH, 14TH STREET NORTH, FRANK WHITMAN BOULEVARD, COOPER DRIVE, ILLINOIS DRIVE, WISCONSIN DRIVE, OHIO DRIVE, HIGH POINTE CIRCLE & ROSEMARY COURT Item #16A11 AN AMENDMENT TO PURCHASE AGREEMENT FOR THE PURCHASE OF A FEE SIMPLE PROPERTY (PARCEL 101FEE) REQUIRED FOR THE IMMOKALEE STORMWATER IMPROVEMENT PROGRAM (PROJECT 60143) (ESTIMATED FISCAL IMPACT: $0) – FOLIO #22430001026 Item #16A12 AN AFTER-THE-FACT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 319(H) GRANT APPLICATION TO FUND THE WEST GOODLETTE-FRANK ROAD AREA JOINT STORMWATER-SEWER PROJECT TOTALING $750,000 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A13 STAFF VERIFIED PRICE INCREASES TO ITB NO. 13-6140 “PURCHASE OF LIME ROCK AND FILL” AND AUTHORIZE PAYMENT OF OUTSTANDING INVOICES FOR PROJECTS TO FLORIDA DIRT SOURCE, LLC. – FOR INVOICES TOTALING $85,924.04 April 25, 2017 Page 159 Item #16A14 NEGOTIATED AGREEMENTS WITH DWJH, LLC D/B/A LEO’S SOD, AND TRIPLE C SOD, INC. FOR INVITATION TO BID (ITB) NO. 16-7032RR “PURCHASE AND DELIVERY OF TURFGRASSES” – FOR SOD INSTALLATION ON AN AS- NEEDED BASIS Item #16A15 A BUDGET AMENDMENT TO RECOGNIZE REVENUE FOR PROJECT #60119, PINE RIDGE WEIR, WITHIN STORMWATER CAPITAL FUNDS IN THE AMOUNT OF $33,857.32 AND AUTHORIZE PAYMENT TO KELLY BROTHERS, INC. IN THE AMOUNT OF $33,857.32 IN ACCORDANCE WITH THE APPROVED DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY AND ARTHREX, INC. – DUE TO DELAY IN THE COMMENCEMENT OF CONSTRUCTION FOR THE REPLACEMENT PINE RIDGE WEIR, WHICH IS LOCATED WITHIN THE CREEKSIDE COMMERCE PARK PUD Item #16A16 SELECTION COMMITTEE’S RANKING OF PROFESSIONAL ENGINEERING CONSULTANTS ON THE REQUEST FOR PROPOSAL ISSUED AS "CCNA SOLICITATION #17-7103 WEST GOODLETTE FRANK ROAD JOINT STORMWATER- SEWER PROJECT” (PROJECT NUMBER 60142), AND TO ENTER INTO CONTRACT NEGOTIATIONS WITH THE TOP RANKED FIRM SUBJECT TO BOARD APPROVAL – THE SHORT LIST IS RANKED AS FOLLOWS: Q. GRADY MINOR, April 25, 2017 Page 160 JOHNSON ENGINEERING AND STANTEC Item #16A17 A WORK ORDER WITH CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES IN SUPPORT OF A THREE (3) YEAR LEASE EXTENSION TO PROVIDE BEACH RENOURISHMENT SAND FROM THE BUREAU OF OCEAN ENERGY MANAGEMENT (BOEM), A FEDERAL GOVERNMENT AGENCY (LEASE EXTENSION & MODIFICATION TO AGREEMENT NO. OCS-G 35160). ENGINEERING SERVICES WILL BE PROVIDED UNDER CONTRACT #15-6382 FOR TIME AND MATERIAL NOT TO EXCEED PRICE OF $14,936. THIS REQUEST ALSO AUTHORIZES THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE WORK ORDER, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM – FOR 7.5 MILES OF COASTLINE BETWEEN WIGGINS PASS AND GORDON PASS INCLUDEING VANDERBILT BEACH, PELICAN BAY, PARK SHORE AND NAPLES BEACH Item #16C1 A $297,960 CONTRACT TO AMEC FOSTER WHEELER, INC., UNDER REQUEST FOR PROPOSAL #16-7039 FOR CONSTRUCTION, ENGINEERING AND INSPECTION SERVICES FOR THE NORTHEAST RECYCLING DROP- OFF CENTER, PROJECT NUMBER 59009, AND APPROVE THE NECESSARY BUDGET AMENDMENT – LOCATED BEHIND THE COLLIER COUNTY FAIRGROUNDS ON 39TH AVENUE April 25, 2017 Page 161 OFF OF IMMOKALEE ROAD Item #16C2 CHANGE ORDER NO. 2 TO CONTRACT #16-6589 “MEMORIAL PATHWAY ON VANDERBILT DRIVE” AND AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $97,000 TO MOVE FUNDS FROM PROJECT NO. 70104 TO PROJECT NO. 70071 (COUNTYWIDE UTILITIES PROJECTS) – AS THE RECORD DRAWINGS FAILED TO IDENTIFY EXISTING MAINS ON 1ST, 2ND, 3RD, 4TH, 5TH & 9TH STREETS Item #16C3 A $213,025.19 WORK ORDER UNDER REQUEST FOR QUOTATION #14-6213-84 TO QUALITY ENTERPRISES USA, INC., FOR THE SRO WELLFIELD FLOW METER REPLACEMENT (PROJECT NO. 70085) – FOR THE REVERSE OSMOSIS TREATMENT SYSTEM Item #16D1 THREE MORTGAGE SATISFACTIONS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT SINGLE FAMILY REHABILITATION IN THE COMBINED AMOUNT OF $66,393.75 – FOLIO #73983120005, FOLIO #01133640006 & FOLIO #65171000000 Item #16D2 FOUR MORTGAGE SATISFACTIONS FOR THE STATE April 25, 2017 Page 162 HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM IN THE COMBINED AMOUNT OF $17,170 – FOR THE FOLLOWING: 5366 BROWARD STREET, NAPLES; 4718 25TH AVE SW, NAPLES; 12199 FULLER LANE, NAPLES & 5380 25TH AVE SW, NAPLES Item #16D3 THE FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND BIG CYPRESS HOUSING CORPORATION ROLLING PROJECT FUNDS FORWARD FROM ONE PROGRAM FISCAL YEAR TO THE SUCCESSIVE FISCAL YEAR AND ALSO TO APPROVE CUSTOMARY SUBORDINATION AGREEMENTS WITH THE U.S. DEPARTMENT OF AGRICULTURE AND FLORIDA HOUSING FINANCE CORPORATION WHO EACH HAVE SUPERIOR LIEN POSITIONS – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D4 CHANGE ORDER #3 FOR CONTRACT #15-6437 - FPL AERIAL TO UNDERGROUND UTILITY CONVERSION AT VANDERBILT BEACH WITH MASTEC NORTH AMERICA, INC. TO INCREASE THE CONTRACT AMOUNT BY $156,810 TO REPAIR BURIED NETWORK DAMAGED BY OTHERS, AND EXTEND THE CONTRACT TO COMPLETE REPAIRS AND WIRING ACTIVATION FOR PHASE II AND III OF THE VANDERBILT BEACH MSTU UTILITY CONVERSION PROJECT Item #16D5 April 25, 2017 Page 163 THE CHAIRMAN TO SIGN THE FOURTH AMENDMENT TO THE CRIMINAL JUSTICE MENTAL HEALTH SUBSTANCE ABUSE AGREEMENT WITH THE DAVID LAWRENCE MENTAL HEALTH CENTER (DLC) TO ADJUST THE GRANT BUDGET BY ALLOCATING $35,000 FROM “PERSONNEL” TO “INCIDENTAL EXPENSES” FOR PROGRAM YEAR 3 – WHICH INCLUDES MEDICATIONS GROCERIES, PERSONAL CARE ITEMS OR TEMPORARY HOUSING Item #16D6 RESOLUTION 2017-76: A RESOLUTION APPROVING THE TRANSPORTATION PLAN FOR ACUTE CARE SERVICES FOR ADULTS AND CHILDREN IN COLLIER COUNTY FOR THE STATE FISCAL YEARS 2017-2020 Item #16E1 ADDITION OF ONE CLASSIFICATION AND THE REMOVAL OF THREE CLASSIFICATIONS IN THE 2017 FISCAL YEAR PAY & CLASSIFICATION PLAN MADE FROM JANUARY 1, 2017 THROUGH MARCH 31, 2017 – FOR THE ADDITION OF THE CRA DIRECTOR AND THE REMOVAL OF HELICOPTER PILOT (EMT), FIRE CHIEF AND ASSISTAN FIRE CHIEF Item #16E2 THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH HODGES UNIVERSITY ALLOWING HODGES PARAMEDIC STUDENTS TO OBTAIN STATE-REQUIRED FIELD April 25, 2017 Page 164 INTERNSHIP EXPERIENCE AND TRAINING UNDER THE APPROPRIATE SUPERVISION OF THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT Item #16E3 RECOGNIZE AND APPROPRIATE REVENUE TO THE FACILITIES MANAGEMENT DIVISION COST CENTER IN THE AMOUNT OF $70,775.16 FOR THE PERIOD OF JANUARY 2017 THROUGH MARCH 2017 OF FISCAL YEAR 2016-2017 AND APPROVE ALL NECESSARY BUDGET AMENDMENTS – FOR THE MAINTENANCE, REPAIR, CAPITAL REPLACEMENT, AND CONSTRUCTION OF COUNTY OWNED BUILDINGS, AND FACILITIES Item #16E4 THE ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER ITEMS AS IDENTIFIED – AMENDMENTS/ CHANGE ORDERS FOR THE FOLLOWING CONTRACTS: #13- 6164 CAROLLO ENGINEERING; #15-6457 DOUGLAS HIGGINS; #15-6494 QUALITY ENTERPRISES; #13-6178 HOLE MONTES; #14-6257 HUMISTON & MOORE ENGINEERING; #13-6464-TE FORGE ENGINEERING & #14-6342 COMMUNITY ASPHALT CORP. Item #16F1 AN INTERLOCAL AGREEMENT WITH THE GREATER NAPLES FIRE RESCUE DISTRICT TO ASSIST AND April 25, 2017 Page 165 COOPERATE WITH THE DISTRICT IN COLLECTING THE DISTRICT’S IMPACT FEES AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, AND THE COUNTY ATTORNEY TO ADVERTISE FOR FUTURE CONSIDERATION AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES TO REMOVE ALL REFERENCES TO THE ISLES OF CAPRI FIRE DISTRICT WHICH HAS BEEN ADDED TO THE GREATER NAPLES FIRE RESCUE DISTRICT THROUGH THE LEGISLATIVE PROCESS Item #16F2 AN AMENDMENT EXTENDING THE CURRENT CONTRACT WITH PFM FINANCIAL ADVISORS, LLC (PFM) THROUGH MAY 31, 2020 UNDER PROVISIONS OF SINGLE SOURCE PROCUREMENT AS DEFINED WITHIN THE PROCUREMENT SERVICES ORDINANCE – WITH TERMS AND CONDITIONS REMAINING THE SAME Item #16F3 TOURIST DEVELOPMENT TAX CATEGORY “B” FUNDING TO SUPPORT THE THREE UPCOMING FY 17 SPORTS EVENTS UP TO $16,750 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM – FOR THE THREE FOLLOWING EVENTS: MAY 7TH - 14TH THE USTA-ITR WOMAN’S PRO CIRCUIT AND MAY 14TH – 21ST THE USTA- ITF WOMAN’S PRO CIRCUIT WILL TAKE PLACE AT THE NAPLES BATH AND TENNIS CLUB; MAY 27TH – 29TH THE SWEETBAY MEMORIAL DAY CUP HELD AT THE NORTH COLLIER REGIONAL PARK April 25, 2017 Page 166 Item #16F4 TOURIST TAX CATEGORY “B” FUNDING TO SPONSOR THE UPCOMING MAY 2017 SPORTS EVENT, THE FHSAA BOYS’ VOLLEYBALL STATE CHAMPIONSHIP, TOTALING $7,800 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM – HELD MAY 4TH – 6TH AT GOLDEN GATE HIGH SCHOOL FOR THE CHAMPIONSHIP Item #16F5 RESOLUTION 2017-77: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2016-17 ADOPTED BUDGET Item #16G1 A COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE AGREEMENT WITH ISLAND AIR CHARTERS, INC. FOR COUNTER AND OFFICE SPACE AT THE MARCO ISLAND EXECUTIVE AIRPORT – PROVIDING SERVICES TO KEY WEST AND THE BAHAMAS Item #16H1 – Added (Per Agenda Change Sheet) PROCLAMATION DESIGNATING MAY 4, 2017 AS NATIONAL DAY OF PRAYER - READ INTO THE RECORD BY COMMISSIONER MCDANIEL April 25, 2017 Page 167 Item #16J1 REPORT TO THE BOARD REGARDING THE INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER ENDED MARCH 31, 2017 Item #16J2 TO PROVIDE THE BOARD OF COUNTY COMMISSIONERS THE CLERK OF THE CIRCUIT COURT’S INTERNAL AUDIT REPORT 2017-6 FEE PAYMENT ASSISTANCE PROGRAM: GUADALUPE CENTER, INC., ISSUED ON, APRIL 19, 2017 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 APRIL 19, 2017 Item #16J4 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 MARCH 30 AND APRIL 12, 2017 PURSUANT TO FLORIDA STATUTE 136.06 Item #16K1 April 25, 2017 Page 168 RESOLUTION 2017-78: APPOINT A MEMBER TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE – APPOINTING MR. SCOTT KISH TO FILL THE REMAINDER OF A VACANT TERM THAT WILL EXPIRE ON OCTOBER 1, 2018 Item #16K2 RESOLUTION 2017-79: REAPPOINT THREE MEMBERS TO THE BAYSHORE/ GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD – REAPPOINTING LARRY INGRAM, SHANE SHADIS AND STEPHEN MAIN ALL WITH TERMS EXPIRING ON MAY 22, 2020 Item #17A RESOLUTION 2017-80: PETITION VAC-PL20160002287 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 15-FOOT UTILITY EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1835, PAGE 637 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND TO ACCEPT A REPLACEMENT UTILITY EASEMENT Item #17B RESOLUTION 2017-81: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, April 25, 2017 Page 169 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 1:42 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL _______________________________ PENNY TAYLOR, CHAIRMAN ATTEST DWIGHT E. BROCK, CLERK ______________________________ These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC.