BCC Minutes 05/23/2017 R
May 23, 2017
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 23, 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
Donna Fiala (Excused)
Andy Solis - Vice Chair
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
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May 23, 2017
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
May 23, 2017
9:00 AM
Commissioner Penny Taylor, District 4 – BCC Chair
Commissioner Andy Solis, District 2 – BCC Vice-Chair
Commissioner Donna Fiala, District 1 - CRAB Co-Chair
Commissioner Burt Saunders, District 3
Commissioner William L. McDaniel, Jr., District 5 - CRAB Co-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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May 23, 2017
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Michael Bannon of Crossroads Community Church of Naples
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent and summary
agenda.)
B. April 25, 2017 - BCC/Regular Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
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May 23, 2017
1) 5 YEAR ATTENDEES
2) 10 YEAR ATTENDEES
3) 15 YEAR ATTENDEES
4) 20 YEAR ATTENDEES
A. Tabatha Butcher, Operations & Regulatory Management
5) 25 YEAR ATTENDEES
6) 30 YEAR ATTENDEES
A. Cheryl Soter, Operations & Regulatory Management
B. Maura Kraus, Parks & Recreation
C. Mark Burtchin, Development Review
B. ADVISORY BOARD MEMBERS
C. RETIREES
10 YEAR ATTENDEES
A. Bill Chatten, Facilities Management
4. PROCLAMATIONS
A. Proclamation designating May 2017 as Trauma Awareness Month in Collier
County. To be accepted by Leslie Lascheid, Member, Regional Advisory
Committee on Trauma Services and Chief Executive Officer, Neighborhood
Health Clinic.
B. Proclamation declaring May 2017 as National Water Safety Month in
Collier County. To be accepted by Konnie Purcell, Collier County Sheriff’s
Office, Youth Relations Bureau; Sherry Anderson, Corporal, Collier County
Sheriff's Office; Patricia K. Hansen, Collier County Department of Health
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May 23, 2017
Nursing Program Specialist; Barry Williams, Division Director, Collier
County Parks & Recreation; Anais Alvarez, Regional Manager, Collier
County Parks and Recreation; Becky Wilson, Sergeant, Collier County
EMS; Sue Lester, Coalition Board Vice Chair; Jaime Cunninghan, Fire
Chief, North Collier Fire Control & Rescue District; Kingman Schuldt, Fire
Chief, Greater Naples Fire Rescue District; and Paula DiGrigoli, Executive
Director, NCH Safe & Healthy Children's Coalition.
5. PRESENTATIONS
A. Presentation from Patrick P. Linn, Executive Director, of the Collier
Mosquito Control District, advising the Board of ongoing mosquito control
efforts in the District.
6. PUBLIC PETITIONS
A. Public petition request from Mr. Paul Dernbach for approval to proceed for
a Municipal Services Benefit Unit (MSBU) for the purposes of installing
County water to properties on Cessena Road in the Pine Ridge Estates
Subdivision.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to appoint two County Commissioners as regular
members, and three county commissioners as alternate members, to the
Value Adjustment Board.
B. Recommendation to review and discuss materials provided by staff
regarding the current uses and allocations of county tourist development tax
(TDT) revenues.
11. COUNTY MANAGER'S REPORT
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May 23, 2017
A. Recommendation to award Bid #17-7056, “Imperial Golf Course Boulevard
Water Main Replacement,” Project Number 70134, to Quality Enterprises
USA, Inc., in the amount of $1,124,529.90, and authorize the necessary
budget amendment. (Tom Chmelik, P.E., PMP, Public Utilities Engineering
and Project Management Division Director)
B. Recommendation to accept a Multi-Way Stop Warrant Study and approve
the installation and operation of a 4-way stop control at the intersection of
St. Andrews Boulevard and Warren Street at a cost of approximately $3,100.
(Jay Ahmad, Director Transportation Engineering, Growth Management
Department)
C. Recommendation to amend Exhibit “A” to Resolution No. 2013-239, the list
of Speed Limits on County Maintained Roads, to reflect a reduction of the
speed limit on St Andrews Boulevard and Augusta Boulevard, from thirty
(30) miles per hour to twenty-five (25) miles per hour and authorize any
necessary budget amendment to fund this and oth er safety related costs
within Project No. 60213 (Fiscal Impact: Approximately $650). (Jay
Ahmad, Director Transportation Engineering, Growth Management
Department)
D. Recommendation to consider the offer from Winchester Lakes Corporation
and Francis and Mary Hussey to enter into a public private partner ship with
the County and ultimately transfer title to the County for property located in
Sections 29 and 32, Township 49S, Range 27E. (Toni Mott, Manager -
Property Acquisition & Construction Management, Facilities Management
Division)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
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15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Upcoming Workshop Schedule
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Chatham Woods, (Application
Number PL20150002912) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
2) Recommendation to approve the release of a code enforcement lien
with an accrued value of $250,431.43 for payment of $531.43 in the
code enforcement actions entitled Board of County Commissioners v.
Judy S. and Silas Pacheco. Code Enforcement Board Case No.
CESD20110007349 relating to property located at 1330 Golden Gate
Blvd E, Collier County, Florida.
3) Recommendation to approve an Adopt-a-Road Program Agreement
for the roadway segment of N 9th Street from SR 29 to Lake Trafford
Road, with two (2) recognition signs and two (2) Adopt -a-Road logo
signs at a total cost of $200 with the volunteer group, Lozano’s
Restaurant & Sports Bar, Inc.
4) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of $5,000 which was posted by Naples Acura as a
development guaranty for an Early Construction Authorization (ECA)
related to a building permit, (PRBD20160622869) for work associated
with Naples Acura.
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May 23, 2017
5) Recommendation to approve final acceptance and unconditional
conveyance of potable water and sewer utility facilities for Corsica at
Talis Park, PL20150001653, and authorize the County Manager, or
his designee, to release the Final Obligation Bond in the total amount
of $4,000 to the Project Engineer or the Developer’s designated agent.
6) Recommendation to approve final acceptance of potable water and
sewer facilities for Signature Club Circle Phases 1-2,
PL20140002527, accept unconditional conveyance of a portion of the
potable water facilities, and authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and
Final Obligation Bond in the total amount of $33,387.33 to the Project
Engineer or the Developer’s designated agent.
7) Recommendation to approve final acceptance of potable water and
sewer facilities for Cameron Commons Unit 1, Tract 5,
PL2016000667, and to authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and
Final Obligation Bond in the total amount of $5,454.63 to the Project
Engineer or the Developer’s designated agent.
8) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
Esplanade Golf & Country Club of Naples, Parcel A.2,
PL20160000430, and authorize the County Manager, or his designee,
to release the Final Obligation Bond in the total amount of $4,000 to
the Project Engineer or the Developer’s designated agent.
9) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Oyster
Harbor at Fiddler’s Creek, Phase 1, PL20150000330 and
PL20150000708, and authorize the County Manager, or his designee,
to release the Final Obligation Bond in the total amount of $8,000 to
the Project Engineer or the Developer’s designated agent.
10) Recommendation to approve final acceptance of the potable water and
sewer facilities for Hilton Moving Storage, PL20150002480, accept
unconditional conveyance of a portion of the potable water facilities,
and authorize the County Manager, or his designee, to release the
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May 23, 2017
Utilities Performance Security (UPS) and Final Obligation Bond in
the total amount of $6,806.87 to the Project Engineer or the
Developer’s designated agent.
11) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
Esplanade at Hacienda Lakes, Phase 1, PL20140001232, and to
authorize the County Manager, or his designee, to release the Final
Obligation Bond in the total amount of $4,000 to the Project Engineer
or the Developer’s designated agent.
12) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Temple
Citrus Grove (Marbella Isles) Phases 1-6, PL20150000819 and
PL20150001483, and to authorize the County Manager, or his
designee, to release the Final Obligation Bond in the total amount of
$8,000 to the Project Engineer or the Developer’s designated agent.
13) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $915,118.13 which was posted as
a guaranty for Excavation Permit Number 60.080-4, PL20140000395
for work associated with Isles of Collier Preserve Phase 2.
14) Recommendation to approve and authorize the Chairman to execute
Amendment No. 2 to Contract No. 14C01 with Florida Department of
Environmental Protection Bureau of Beaches and Coastal Systems
Beach Management Funding Assistance Program for Beach
Renourishment and Monitoring Expenses for the Vanderbilt, Park
Shore, and Naples beaches and to make a finding that this item
promotes tourism.
15) Agreement No. 16CO1 with the Florida Department of Environmental
Protection Bureau of Beaches and Coastal Systems Beach
Management Funding Assistance Program for Beach Renourishment
and Monitoring Expenses on Marco Island Public Beaches and make a
a finding that this item promotes tourism.
16) Recommendation to approve Category “A” Tourist Development
Council Grant applications from the City of Naples, the City of Marco
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May 23, 2017
Island, and Collier County for FY-2017-2018 in the amount of
$10,296,300; authorize the Chairman to sign Grant Agreements
following County Attorney’s approval; and make a finding that these
expenditures will promote tourism.
17) Recommendation to approve the 10-Year Capital Planning document
for Beach Renourishment and Pass Maintenance Fund (195) and the
Program Management and Administration Fund (185) proposed
allocation.
18) Recommendation to approve and authorize a Resolution requesting
that Florida Department of Environmental Protection (FDEP) include
the Collier County Comprehensive Watershed Improvement Project in
the Agency's next round of project submittals for Restore Council
(Component 2) funding.
19) Recommendation to approve an Agreement for Special Magistrate
Services for Code Enforcement with the law firm of Patrick Neale &
Associates.
20) Recommendation to approve a time extension to a Local Agency
Program Agreement requested by the Florida Department of
Transportation for closeout of the recently completed construction of
sidewalk improvements in East Naples along Lombardy Lane and
Orchard Lane, FPN #430879-1-58-01, Project No. 33460.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Community Redevelopment
Agency Board(CRAB) approve and authorize the Chairman to
execute a Commercial Building Improvement Grant Agreement
between the Community Redevelopment Agency and Leightons
Garage, LLC in the amount of $3,215 plus half permit fees for
property located at 2320 Linwood Avenue, within the Bayshore
Gateway Triangle Community Redevelopment Area.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to authorize a budget amendment in the amount of
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May 23, 2017
$300,000 from utility contingency reserves to cover higher than
anticipated costs for sludge hauling and other expenses to operate the
Orange Tree water and wastewater facilities
2) Recommendation to approve a $377,986 work order under Request
for Quotation #14-6213-97 to Quality Enterprises USA, Inc., under
Project Number 70172, “Gulf Shore Drive Asbestos Water Main
Abandonment Phase 2;” and authorize the necessary budget
amendment.
3) Recommendation to authorize the Sole-Source Waiver for a period of
one year for the purchase of Bioxide Plus 71, Aktivox, and VX456
from Evoqua Water Technologies LLC for use by the Public Utilities
Department Wastewater Division and approve a contract for Evoqua
Water Technologies LLC in the estimated amount of $500,000.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve eight State Housing Initiatives
Partnership (SHIP) Program Impact Fee release of liens in the
combined amount of$63,449.50 for associated owner-occupied
affordable housing dwelling units where the obligation has been
repaid in full by the homeowners and Habitat for Humanity of Collier
County, Inc.
2) Recommendation to approve four mortgage satisfactions for the State
Housing Initiatives Partnership (SHIP) loan program in the combined
amount of $72,556.10.
3) Recommendation to authorize the Chairman to sign the Third
Amendment to the Starnes Cattle Lease Agreement.
4) Recommendation to award Invitation to Bid (ITB) #17-7095, for
Collier Area Transit (CAT) Facility Radio Road Improvements Phase
3 to One Source Construction Company & Builders, Inc., for an
estimated $142,097, and authorize the Chair to sign the attached
agreement.
5) Recommendation to approve an award for Invitation to Bid (ITB)
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May 23, 2017
#17- 7075 "Re-manufactured Engines and Transmissions" to World
Wide Equipment and Reliable Transmission for use in existing Collier
Area Transit buses, and authorize the Chair to sign the attached
agreements.
6) Recommendation to approve the submittal of the attached Grant
Application project proposal to Florida Department of Transportation
(FDOT) under the State Park-and-Ride Lot Program to fund a Park-
and-Ride Study for the Transit System.
7) Recommendation to forgive the final lease payment for parking lot
improvements from the Naples Zoo to the County, totaling $278,100,
to support the construction of a new Zoo animal hospital.
8) Recommendation to approve an Agreement to participate in the
Summer Food Service Program (SFSP) with Florida Department of
Agriculture and Consumer Services (FDACS) to operate the SFSP at
designated recreation camps with unitized meals provided by the
School Board.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other items
as identified.
2) Recommendation to ratify Property, Casualty, Workers Compensation
and Subrogation claim files settled and/or closed by the Risk
Management Division Director pursuant to Resolution 2004-15 for the
second quarter of FY 17.
3) Recommendation to approve the Partial Assignment and Amendment
of the Interlocal Agreement between the State of Florida Department
of Transportation, Collier County, and Greater Naples Fire Rescue
District for management of the Mile Marker 63 Fire Station and
authorize the necessary budget amendment in the amount of
$406,000.
F. COUNTY MANAGER OPERATIONS
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May 23, 2017
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2016-17 Adopted Budget.
2) Recommendation to accept grant funding from the United States
Department of Agriculture Rural Development (USDA) and authorize
necessary budget amendments for the Rural Business Development
Grant (RBDG) for commercial kitchen equipment for the Florida
Culinary Accelerator @Immokalee in the amount of a $112,536.
G. AIRPORT AUTHORITY
1) Recommendation to approve the submittal of an Airport Improvement
Program (AIP) grant application to the Federal Aviation
Administration requesting funds in the amount of $149,984 for
Phase 1 of the Everglades Airpark Runway Rehabilitation, with a
total estimated project cost of $166,650.
2) Recommendation to approve the submittal of an Airport Improvement
Program (AIP) grant application to the Federal Aviation
Administration requesting an estimated amount of $1,087,965 for
Immokalee Regional Airport Taxiway B Rehabilitation Construction
project with a total estimated cost of $1,208,851.
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Items to File for Record with Action as Directed
J. OTHER CONSTITUTIONAL OFFICERS
1) 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 May 17, 2017
2) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
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May 23, 2017
period between April 27, 2017 and May 10, 2017 pursuant to Florida
Statute 136.06.
K. COUNTY ATTORNEY
1) Recommendation to approve a Mediated Settlement Agreement for
the total amount of $99,000 for the taking of Parcel 189RDUE in the
pending case styled Collier County v. Juan E. Navarro, et al, Case
No. 15-CA-154, required for the Golden Gate Boulevard Project,
Project No. 60040 (From Wilson Boulevard to 20th Street East).
2) Recommendation to accept two Mediated Settlement Agreements in
the total amount of $112,972 and approve Stipulated Final Judgments
for the taking of Parcels 253DE, 254DE, and 254TCE required for the
Lely Area Stormwater Improvement Project (“LASIP”), Wing South
portion, Project No. 51101, in the pending case styled Collier County
v. Lori R. Lear, et al., Case No. 15-CA-1599.
3) Recommendation to appoint a member to the Coastal Advisory
Committee.
4) Recommendation to reappoint two members to the Industrial
Development Authority.
5) Recommendation to reappoint two members to the Health Facilities
Authority.
6) Recommendation to reappoint a member to the Contractors Licensing
Board.
7) Recommendation to reappoint a member to the Water and Wastewater
Authority.
8) Recommendation to appoint a member to the Black Affairs Advisory
Board.
9) Recommendation to waive the optional local public hearing relating to
the merger of Mediterra North Community Development District and
Mediterra South Community Development District pursuant to
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May 23, 2017
Sections190.005 and 190.046(3), Florida Statutes.
10) Recommendation to authorize the County Attorney to pursue an
Appeal in the Eleventh Circuit Court of Appeals in the litigation
styled Collier County v. Holiday CVS, LLC and RTG, LLC, against
one party, Realty Trust Group, LLC, and to settle the litigation with
Holiday CVS, LLC.
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing a gencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi -judicial in nature, all
participants must be sworn in.
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A. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2016-17 Adopted Budget.
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20170000440 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.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
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May 23, 2017
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
May 23, 2017
Page 2
CHAIRMAN TAYLOR: Good morning. It's a pleasure to have
you here with us today. We are relieved that there's no banging on the
roof; that we can conduct our meeting in quiet.
And with that, I would like to ask Pastor Michael Bannon to come
up and give us the invocation, please.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
PASTOR BANNON: Good morning, and let's pray.
Heavenly Father -- grateful that we can say that, "let's pray," and
know that we can talk to you when you hear.
Father, our hearts go out to the victims of the Manchester
bombing. Unimaginable horror, the grief. I pray, Lord God, that you
would bring to them deep solace in their deep sorrow; that you would
bring enduring hope in the face of what must be an unimaginable hurt,
and your peace that passes understanding in the midst of a pain that for
now would seem inconsolable. And we give you thanks, Lord, that we
live in a community that enjoys peace.
I thank you for our county commissioners, thank you for their
commitment to working hard to make this an enjoyable place to live.
I pray that you would bless them today with great wisdom, the spirit of
cooperation, good insight into what would be good for this county for
the future.
For all of us who are citizens of this county, help us to be their
partners in this effort; that it might go well for us. And so, Father, I
ask that you would bring great glory to yourself today. Amen.
CHAIRMAN TAYLOR: Commissioner Saunders, I wonder if
you'd lead us in the Pledge of Allegiance.
COMMISSIONER SAUNDERS: Sure.
May 23, 2017
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(The Pledge of Allegiance was recited in unison.)
CHAIRMAN TAYLOR: Thank you very much.
County Manager?
Item #2A
TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY
COMMISSION MEMBERS FOR CONSENT AND SUMMARY
AGENDA.) - APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Good morning, Madam Chair, Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners meeting of May 23rd, 2017.
The first proposed change is to withdraw Item 16A19 from your
consent agenda. This is made at staff's request.
The next proposed change is to move Item 17B from your
summary agenda to become Item 9A on your regular agenda. This
request was made by Commissioner McDaniel.
The next proposed change is to acknowledge some change in the
mutual release language regarding Item 16K10. That item is a
recommendation to authorize your County Attorney to pursue an
appeal in the litigation of Collier County versus CVS and Realty Trust
Group.
The County Attorney may wish to provide some additional
insight on that, but you have the strikethrough language on your
change sheet, Commissioners, and I'm sure Mr. Klatzkow could
provide any additional information on that.
I have no other changes beyond those at this time, Madam Chair.
CHAIRMAN TAYLOR: Would anyone like an explanation from
County Attorney Klatzkow?
May 23, 2017
Page 4
COMMISSIONER SAUNDERS: Yeah. I think that would
probably be appropriate.
MR. KLATZKOW: Yes. It was a last-minute request by CVS.
After the item had hit the agenda and went to print, they asked for that
minor change, and this is the only way to do it.
COMMISSIONER SAUNDERS: Madam Chair, I wonder if this
is an item that -- I don't know if we need to have some conversation
about that.
CHAIRMAN TAYLOR: At your pleasure.
COMMISSIONER McDANIEL: Can you slide your mic --
CHAIRMAN TAYLOR: At your pleasure.
COMMISSIONER SAUNDERS: I don't know if the Board
would want some explanation or something in terms of whether or not
we should go through that, what the likelihood of success is. I know
that that's probably not something that you'd want to talk about
publicly.
MR. KLATZKOW: No. We can talk about it. It's -- if you want
to pull this to regular, we can have a full discussion on the item, or I
could briefly talk about it.
COMMISSIONER SAUNDERS: Why don't we do that --
CHAIRMAN TAYLOR: That's fine.
COMMISSIONER SAUNDERS: -- if you don't mind, because
it's a pretty big-ticket item.
CHAIRMAN TAYLOR: No, not at all. I think that's a very wise
decision. All right.
MR. OCHS: Commissioners, that will become Item 12A this
morning on the regular agenda.
CHAIRMAN TAYLOR: Okay. All right. So now we'll go to
any changes to this agenda and then any ex parte.
County Attorney, no changes, right?
MR. KLATZKOW: No changes, ma'am.
May 23, 2017
Page 5
CHAIRMAN TAYLOR: Okay. Ms. Kinzel?
MS. KINZEL: No. Thank you.
CHAIRMAN TAYLOR: Okay. Commissioner McDaniel?
COMMISSIONER McDANIEL: No changes. And ex parte
extraordinaire on 17B now, I think it is; it's now 9A. I received mails,
meetings, correspondence, calls, on the vacation.
CHAIRMAN TAYLOR: On the vacation.
MR. OCHS: No, ma'am. We'll do that as part of the item.
CHAIRMAN TAYLOR: That's right. I'm sorry. Yes, when we
hear the item.
COMMISSIONER McDANIEL: Oh.
CHAIRMAN TAYLOR: It's here in front of us, but that is
correct. So no ex parte on 16A1, which is --
COMMISSIONER McDANIEL: On any of the summary or --
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: -- consent agenda items, I have
no ex parte.
CHAIRMAN TAYLOR: Good.
COMMISSIONER SOLIS: No changes and no ex parte.
COMMISSIONER SAUNDERS: No changes and no ex parte as
well.
CHAIRMAN TAYLOR: No changes and no ex parte.
Do I hear a motion to approve the agenda as so noted?
COMMISSIONER McDANIEL: So moved.
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: Second. Okay. All those in favor, say
aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
May 23, 2017
Page 6
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Proposed Agenda Changes
Board of County Commissioners Meeting
May 23, 2017
Withdraw Item 16A19: Recommendation to approve an Agreement for Special Magistrate
Services for Code Enforcement with the law firm of Patrick Neale & Associates. (Staff’s request)
Move Item 17B to Item 9A: This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all participants are required to be
sworn in. Recommendation to approve Petition VAC-PL20170000440 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. (Commissioner McDaniel’s
request)
Item 16K10: Recommendation to authorize the County Attorney to pursue an Appeal in the
Eleventh Circuit Court of Appeals in the litigation styled Collier County v. Holiday CVS, LLC and
RTG, LLC, against one party, Realty Trust Group, LLC, and to settle the litigation with Holiday
CVS, LLC.
The County Attorney requests two changes be made to the Settlement Agreement with CVS on Item
16K10. Pursuant to agreement of the parties, the language “Underlying Condemnation Action”
appears in two places in Paragraph 2 of the Settlement Agreement, and it should be removed in both
places.
2. Mutual Release. The Parties shall mutually release each other and their respective successors,
assigns, servants, affiliates, subsidiaries, divisions, parents, predecessors, employees, agents, independent
contractors, consultants, affiliates, officers, directors, members, attorneys, and all other persons,
partnerships, firms, corporations or legal entities of whatsoever kind or nature in privity therewith, who
are or might be liable in any way, from any and all claims, actions, causes of action, legal, equitable or
administrative proceedings, demands, rights, damages, losses, relief of whatsoever kind or nature, costs,
expenses, fees and compensation whatsoever, which the Parties now have or which may hereafter accrue
on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen,
developed and undeveloped damage(s) or loss(es) and the consequences thereof resulting from the
Underlying Condemnation Action, Action, Fee Claim and Appeal, from the beginning of the world to the
date this agreement is last signed including, but not limited to, all claims which were asserted or could
have been asserted, and all relief sought or that could have been sought in the Action. In making this
release, the Parties agree they had the advice of counsel in so doing, and do so freely and voluntarily. It is
also understood that the settlement terms under this Agreement are not construed as an admission of
liability, but as a compromise of the Underlying Condemnation Action, Action, Fee Claim and Appeal.
6/8/2017 12:23 PM
May 23, 2017
Page 7
Item #2B
APRIL 25, 2017 - BCC/REGULAR MEETING MINUTES -
APPROVED AS PRESENTED
MR. OCHS: Item 2B is approval of the BCC regular meeting
minutes of April 25th, 2017.
COMMISSIONER McDANIEL: Move for approval.
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: Any discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
MR. OCHS: Commissioners, if you'd be kind enough to join us
in front of the dais for some service awards this morning.
CHAIRMAN TAYLOR: Our favorite part.
Item #3A
SERVICE AWARDS – EMPLOYEE
MR. OCHS: Commissioners, we have the pleasure of
congratulating several employees this morning with long-standing
dedicated service to county government.
Our first recipient this morning, recognized for 20 years of
May 23, 2017
Page 8
service with our Collier County EMS division, is our chief, Tabitha
Butcher. Chief?
(Applause.)
MS. BUTCHER: Thank you very much.
(Applause.)
MR. OCHS: We have three of our associates this morning
celebrating 30 years of service with county government. Our first
service awardee with 30 years of service, with Operations and
Regulatory Management in your Growth Management Division,
Cheryl Soter. Cheryl?
(Applause.)
MR. OCHS: Celebrating 30 years of service with our Parks and
Recreation Division, Maura Kraus. Maura?
(Applause.)
CHAIRMAN TAYLOR: Come on, family. Come on.
(Applause.)
MR. OCHS: Ah, there you go. Perfect.
Our final 30-year service award recipient this morning, from our
Development Review Services, Mark Burtchin. Mark?
(Applause.)
Item #3C
SERVICE AWARDS – RETIREES
MR. OCHS: Finally, this morning, Commissioners, we're
delighted to have one of your recent retirees return to be recognized for
his years of service with our agency and our Facilities Management
Department; Bill Chatten. Bill?
CHAIRMAN TAYLOR: So the question is how many years.
MR. CHATTEN: Ten.
May 23, 2017
Page 9
CHAIRMAN TAYLOR: Ten. All right. Congratulations.
(Applause.)
MR. OCHS: Congratulations, Bill.
(Applause.)
Thank you, Commissioners.
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING MAY 2017 AS TRAUMA
AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY
LESLIE LASCHEID, MEMBER, REGIONAL ADVISORY
COMMITTEE ON TRAUMA SERVICES AND CHIEF
EXECUTIVE OFFICER, NEIGHBORHOOD HEALTH CLINIC –
ADOPTED
Madam Chair, that takes us to your proclamations this morning.
Item 4A is a proclamation designating May 2017 as Trauma
Awareness Month in Collier County. To be accepted this morning by
Leslie Lascheid, a member of your Regional Advisory Committee on
trauma services, and the Chief Executive Officer of the Neighborhood
Health Clinic.
Leslie, if you could please step forward if you're here. There she
is.
(Applause.)
MR. OCHS: Just greet the Commission and receive your award.
If we could get you to pose for a picture, please, ma'am. Thank you.
May 23, 2017
Page 10
(Applause.)
Item #4B
PROCLAMATION DECLARING MAY 2017 AS NATIONAL
WATER SAFETY MONTH IN COLLIER COUNTY. ACCEPTED
BY KONNIE PURCELL, COLLIER COUNTY SHERIFF’S
OFFICE, YOUTH RELATIONS BUREAU; SHERRY
ANDERSON, CORPORAL, COLLIER COUNTY SHERIFF'S
OFFICE; PATRICIA K. HANSEN, COLLIER COUNTY
DEPARTMENT OF HEALTH NURSING PROGRAM
SPECIALIST; BARRY WILLIAMS, DIVISION DIRECTOR,
COLLIER COUNTY PARKS & RECREATION; ANAIS
ALVAREZ, REGIONAL MANAGER, COLLIER COUNTY
PARKS AND RECREATION; BECKY WILSON, SERGEANT,
COLLIER COUNTY EMS; SUE LESTER, COALITION BOARD
VICE CHAIR; JAIME CUNNINGHAN, FIRE CHIEF, NORTH
COLLIER FIRE CONTROL & RESCUE DISTRICT; KINGMAN
SCHULDT, FIRE CHIEF, GREATER NAPLES FIRE RESCUE
DISTRICT; PAULA DIGRIGOLI, EXECUTIVE DIRECTOR, NCH
SAFE & HEALTHY CHILDREN'S COALITION AND DR.
ALLEN WEISS, PRESIDENT AND CEO OF THE NCH
HEALTHCARE SYSTEMS - ADOPTED
MR. OCHS: Item 4B is a proclamation declaring May 2017 as
National Water Safety Month in Collier County. To be accepted this
morning by Konnie Purcell, Collier County Sheriff's Office Youth
Relations Bureau; Sherry Anderson, Corporal, Collier County Sheriff's
Office; Patricia Hansen, Collier County Department of Health, Nursing
Program Specialist; Barry Williams, Division Director with Collier
County Parks and Recreation; Anais Alvarez, a regional manager with
May 23, 2017
Page 11
County Parks and Recreation; Becky Wilson, Sergeant with Collier
County EMS; Sue Lester, Coalition Board Vice-Chair; Chief Jamie
Cunningham of the North Collier Fire Control and Rescue District;
Chief Kingman Schuldt of the Greater Naples Fire District; Paula
DiGrigoli, Executive Director, NCH Safety & Healthy Children's
Coalition; and Dr. Allen Weiss, President and CEO of the NCH
Healthcare Systems.
If you'd all please come forward and receive your proclamation.
(Applause.)
COMMISSIONER SOLIS: If it walks like a duck.
CHAIRMAN TAYLOR: If it walks like a duck.
MR. OCHS: Bring your props now. That's awesome.
(Applause.)
COMMISSIONER McDANIEL: We want to hear from the duck.
MS. DiGRIGOLI: Good morning. My name is Paula DiGrigoli.
I'm Executive Director of the NCH Safe & Healthy Children's
Coalition.
On behalf of the entire coalition board and all the members who
are almost 70 coalition members, I want to thank you for proclaiming
Water Safety Month in -- you know, in this month, in May.
Last week, as you may know, we had a sad reminder of the
important work of the Coalition. We had two children drown in an
apartment complex in Cape Coral. That was International Water
Safety Day, and we were doing amazing things at the Collier County
public schools on that day under the leadership of Dr. Patton when we
got the news about, you know, the two drowning deaths in Cape Coral.
It definitely sent us a sad reminder, you know, of why we need to
continue doing.
We have been very blessed of the work that the Coalition has
been doing, especially with the support of Collier County Government
and Parks and Recreation. Barry Williams and Anais Alvarez, Brian
May 23, 2017
Page 12
Owens, Samantha Molina, Richard Degalan, Jenny Maxperison
(phonetic) has been outstanding of everything that we can ask, you
know. They always help us to provide.
I know Collier County Government is providing 20 dollars (sic)
percent -- 20 percent discount for the first set of Level 1 swimming
lessons between May 15th to August 31st, and this is for families that
they want to take their children to any aquatics facilities owned by the
parks.
Also, thanks to the Naples Children Education Foundation,
founders of the Winter Wine Festival, we have been able to provide to
over 4,000 children, and over 34,000 water safety lessons have been
taught since 2012.
Swimming lessons save lives, and we know that. And with the
new opening of the new pool, the new Eagle Lakes pool, we are very
excited that more children will be able to learn this lifesaving skill.
Also, on 2014, in February 2014, we implemented the life jacket
loaner program. Commissioner Fiala was very instrumental on this
initiative. Now we have 15 of these life jacket loaner stations, and that
was after the death of a little girl in Sugden Park the Friday before 4th
of July.
Also on 2014, we broke the Guinness World of record (sic). And
we have now the little kids from Immokalee. I know they had a long
drive. They all participated in our Swim Central, and they are all
wearing Stewie the Duck T-shirts, and Anais is with them.
But we broke the Guinness World of record at Sun Fun and (sic)
Lagoon, and that record still is -- Konnie Purcell from the Sheriff's
Office and myself went to Pittsburgh, and we asked if somebody else
around the world has broke the record, nobody. I mean, still -- Sun &
Fun Lagoon still holds the record for the single venue largest
swimming lesson.
And, lastly, you know, we are looking at data. Drowning still
May 23, 2017
Page 13
leads the death of children ages one to four in Florida and also here.
But looking at the data from five years and in five years before, we
definitely have seen a decrease, and that is because of the partnership
that we have with the coalition and everything that Collier County
Government and Collier County Parks and Recreation does.
I also want to thank Commissioner Solis and Commissioner
McDaniel for coming to our Kids on the Go running program. I know
when Commissioner Solis came to Barron Collier, we never had rain,
but we completely had a lot of rain, and it was -- we were completely,
you know, wet; however, the kids will always remember running under
the rain in Barron Collier.
But now I would like to introduce Dr. Allen Weiss from NCH.
Without NCH commitment, the Coalition will never -- you know, will
be where it is. Without them, you know, and the leadership, we know
we are saving a lot of lives.
DR. WEISS: Madam Chair and Commissioners, and particularly
Paula, we wouldn't be here without Paula getting us organized seven
years ago.
Very quickly now. I'd like to leave some time. Maybe we can
get a picture with the kids --
CHAIRMAN TAYLOR: Yes, yes.
COMMISSIONER McDANIEL: Absolutely.
DR. WEISS: -- also.
But in our invocation, the reference to safety was made, also,
healthy and -- or a happy community. Clearly, avoiding this type of
tragedy, which affects the family forever, and very expensive -- which
is secondary. It's about $50,000 a drowning, and it's very disruptive
for the emergency room, which is how we got involved seven years
ago.
Interestingly enough, one of the unforeseen very positive
outcomes was we, as an organization, learned how to convene other
May 23, 2017
Page 14
organizations. We started with 32 different organizations, including
Physicians Regional, Boys and Girl Club, YMCA, fire safety, EMS,
and so on, all getting together, and that was a learning lesson for us as
a convener, which subsequently led to the Blue Zones being a
convener for larger and -- the whole southwest region.
So in addition to saving the lives of children, very appropriately,
we learned how to help add quality-adjusted lives to everyone. So if
you can save a child at age three or four, you're adding about 75 to 80
years of lifespan to the community.
And as we all know, we have the longest life expectancy in the
nation right now, which has increased, whereas the rest of the nation
has decreased. So, you know, just another way of getting people
together and doing the right thing.
So thank you for your recognition. Thanks for everybody being
so supportive. There's a reason Collier County is different than other
areas on the West Coast of Florida. We all have the same -- basically
the same tax structure, same climate, but this county is different in
many unique ways in addition to being not only the best place to retire
and longest life expectancy.
Thank you for what you do.
CHAIRMAN TAYLOR: Thank you.
(Applause.)
MS. ALVAREZ: Hello. I'm Anais Alvarez, Regional Manager
for Collier County Parks and Rec Department for East Collier County;
Immokalee being my main area at this time.
I just want to say thank you to all our partners. It's unbelievable
the things we do in Immokalee. I've been there this year 21 years, and
I've been working with swim lessons the entire time, from the old
times of the Kaleidoscope grant, which is an ancient grant that doesn't
exist anymore, and I can tell you that we have taught probably close to
-- I don't know --
May 23, 2017
Page 15
MS. DiGRIGOLI: In Collier County, 4,000.
MS. ALVAREZ: Yeah. And that's just -- you know, imagine 21
years of that. So we do a lot out there. We teach swim lessons all day
long. We have staff that's committed to working split shifts to help us
teach the morning and then back in the afternoon.
Not only do we have the Coalition, American Red Cross with the
centennial program, this summer we're teaching 150 free swim lessons.
Parents only have to pay $5, and we're working with the Immokalee
Foundation teaching 30 future college students how to swim and doing
meal prepping and nutrition components this summer for a month.
So we're really excited about the great things we're doing out
there. I always say Immokalee, I-town, fit town. Our fitness center
will be completed in the next 10 days, and we're excited about that,
moving to our new fitness center, and so we have a lot of great things
happening as far as Blue Zone coming in and launching in November
also.
So we're just all about it. So we are definitely -- I feel that we're
leading the way, and our kids, they know not to swim alone. And the
VPK program, and we also have three-year-olds that swim, lessons in
the morning, and it's amazing.
And we also had -- very lucky this year that we have
middle-schoolers coming at 4:45 to take swim lessons and some high
schoolers. So we're really -- that was through the Miracle program,
which is funded through the Naples Children Education Foundation
and the GPS.
So we're very excited, and we want to thank you for your support.
And I have to say, you know, I'm Hispanic, and I, you know, like, was
always scared of water, so I made myself become a lifeguard when I
was young because I thought, you know, being tan was the greatest
thing in the world; not now at my age. But I just want to say we really
-- it's so important that our kids learn to swim. And in Immokalee, we
May 23, 2017
Page 16
have such commitment to doing that, and I want to thank you for your
support. I love working for you guys.
(Applause.)
MR. CASALANGUIDA: Get a duck.
MR. OCHS: Let's get everyone up. Let's bring everyone back up
one time with the kids, Madam Chair?
CHAIRMAN TAYLOR: Yes, absolutely.
Did you guys have fun swimming? Do you like swimming?
Yeah. Can you kick? Yeah. Can you jump up and down in the water?
You can? Oh. All right. Let's have the adults in the back and the kids
in the front.
Well done. Well done. I think Eagle Lakes will find that the lap
swimmers are going to have to take a second seat to the kids who want
to learn to swim. I know it's that way at River Park. There's just so
many. Oh, it's wonderful. You like the water? I'm in love right there.
Look at this guy.
COMMISSIONER SOLIS: I would like to say also what a great
job Paula does. I was at the Kids on the Go event at Barron Collier,
and what a great time that was until the rain started, and it was a rain.
And I thought Chief Cunningham was going to be here, but I've never
seen somebody of his size move that fast. We were -- we were running
for cover because it really started pouring, and we had another event.
But it was a great event, and the kids had a great time. So thanks for
all you do.
MR. CASALANGUIDA: Awesome.
MR. OCHS: Madam Chair, if I could get a motion to approve
today's proclamations, please.
CHAIRMAN TAYLOR: Do I hear a motion?
COMMISSIONER McDANIEL: So moved.
CHAIRMAN TAYLOR: Second?
COMMISSIONER SOLIS: Second.
May 23, 2017
Page 17
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: 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.
Item #5A
PRESENTATION FROM PATRICK P. LINN, EXECUTIVE
DIRECTOR, OF THE COLLIER MOSQUITO CONTROL
DISTRICT, ADVISING THE BOARD OF ONGOING MOSQUITO
CONTROL EFFORTS IN THE DISTRICT – PRESENTED
MR. OCHS: Item 5A this morning is a presentation from Patrick
Linn, Executive Director of the Collier County Mosquito Control
District, to advise the Board of ongoing mosquito control efforts in the
district. Patrick?
MR. LINN: Good morning.
COMMISSIONER McDANIEL: Good morning.
MR. LINN: Commissioners, thank you for having me. It's a
tough act to follow.
I'd like to take a little time this morning to reach not only the
commissioners but all the constituents and residents and visitors to
Collier pertaining to the control of mosquitoes.
CHAIRMAN TAYLOR: Mosquitoes. We don't have
mosquitoes.
MR. LINN: Not at all. Right? I'm having a little --
COMMISSIONER McDANIEL: While he's fighting his
May 23, 2017
Page 18
technical difficulties, I just want to say my admiration for Mr. Linn and
what he does for our community. It's very fact based, scientific
approach, and the methodologies that have been implemented since
he's come on, it's been amazing. So thank you.
MR. LINN: That's very kind; thanks.
We are in a time of great change at Mosquito Control and
certainly have become much more visible recently.
So let me take you through, real briefly here, today's presentation.
I'm going to talk a little bit about salt marsh mosquitoes, integrated
mosquito management, what we're doing at Collier and beyond for
Zika preparation, as well as thoughts about the future.
The mission statement for the district is a mouthful. It's a fairly
substantial mission. It is, essentially, two major branches or prongs, if
you will. The first is one of public health. Our -- really, our raison
d'etre to support and maintain a healthy community through the
suppression of disease-carrying mosquitoes, and number two is, to the
extent possible, to reduce the number of mosquitoes that are pests,
which we have a problem with right now; I'm sure you're all aware.
We use integrated pest management or integrated mosquito
management techniques -- I'll explain that briefly. Try not to put you
to sleep -- and minimize our impact on what we call non-target
organisms, things like bees and dragonflies and so on, and do all that
economically and, with a tiny staff, it's a pretty Herculean task on any
given day.
So just to sort of reiterate here, number one mission is that of
public health because, actually, the mosquito is the most dangerous
animal on earth. It kills nearly one million people per year across the
world in great -- to a great extent through malaria and such. But
certainly Mosquito Control is a necessary operation or organization
here in South Florida.
And, of course, quality of life, economic impact, real estate
May 23, 2017
Page 19
values, tourism and such all rely upon the pleasant weather that we
have, and so onward and upward.
If we take a look at this map here, the term arbovirus, just for a
moment, I'd like to explain that that's a portmanteau of other words.
It's an arthropod-borne viruses, and the arthropod in question here is
the mosquito.
And you see the big red dots in Florida. That is the likelihood of
disease transmitted through the vector which is mosquito, and you see
that Miami and Orlando and Tampa -- and it looks like Collier's free of
any trouble, but that's not necessarily so.
These are areas with high amounts of international travel and, as
you know, it's possible in today's world to be pretty much anywhere
else on the planet within 24 hours, which means that diseases have
become global rather than just sort of local.
So we expect this Zika -- the Zika virus to sort of run on for
approximately three years. It may go longer. It may go a little bit less,
but as time goes by and immunity increases in the population, we
should see it begin to dwindle. Unfortunately, the mosquito that carries
Zika can also carry numerous other diseases.
And having said that, we'll talk about the aedes aegypti here real
quick. The aedes aegypti mosquito and its close cousin, the albopictus,
carry Zika, dengue, chikungunya. It used to be known as the yellow
fever mosquito. Now it's frequently called just a house mosquito. It's
abundant in the tropical areas of the planet. And since we're on the
fringes there and because we tend to be tropical in the summertime,
these mosquitoes become quite abundant.
We also have -- in Collier we have large quantities of the
anopheles mosquito, which can carry malaria, a Culex, which is a West
Nile virus, and St. Louis encephalitis. The aedes taeniarhynchus is the
salt marsh mosquito. That carries dog heart worm and certain types of
encephalitis as well, or can. Mansonia, which is sort of a recent
May 23, 2017
Page 20
problem thanks to an unusual rain pattern last year, and then this year
drying out, out in the eastern portions of our district. And then, of
course, the Psorophora, which many know as a gallinipper or a -- it's
very large, and we see them around golf courses and such.
All right. The current scourge that we're having is a salt marsh
mosquito. They are coming off by the trillions out of the areas to the
east and south of the district itself, and I'll show you the district
boundaries in just a moment. But, essentially, the district ends -- the
southernmost reaches end at Collier Seminole and Marco areas, and,
therefore, we're not able or allowed to treat in the areas to the south
and the east, and these particular mosquitoes can and have been
demonstrated to fly up to 40 miles on the wind. This is in great contrast
to the aedes aegypti which can only -- generally only travels maybe
100 feet or 100 yards in its entire lifetime.
So the -- we do expect that with the freshwater rains and in due
course these mosquitoes will abate, but until then, we're bound to
control the adults as they come off after full moons usually, which
draw a lot of water into the salt marshes.
Here we do see the limits of the district in sort of that pale blue
color. All of the areas in yellow are areas that are protected; federal,
state, or locally managed lands which we do not treat; we're not able to
treat. We are looking into some options longer term, but with every --
every expansion comes a financial obligation because there needs to be
enough money to put material into these areas.
We also want to be careful to suggest or to say that the types of
mosquitoes that come out of various areas, some may travel long
distances, like the aedes, the salt marsh mosquito, and some may travel
very -- only very limited, such as the Zika mosquito that we've been
dealing with.
So all of the areas in pink down there, Everglades National Park,
we don't treat that either. So the poor folks in Marco Island have
May 23, 2017
Page 21
experienced -- essentially, they get a maximum of about 20 hours of
control once we treat, and then the mosquitoes simply blow in again
from the south and the east and make them miserable.
It's important to understand that we will continue within the
regulations and the laws, Department of Agriculture and EPA and so
on. We cannot -- we're limited in how much we can treat. If we treated
every day, we would run out of the ability to treat eventually. The
regulations are limiting in that regard.
So we try to provide relief at the optimum time. And we can't
control the weather or the winds and so on, so please bear with us
while we try to serve this community and, certainly, we will not give
up.
So a little tiny lesson, actually, in how we do things. The
Integrated Mosquito Management Program is one that starts -- its
foundation is actually public education: Source reduction and bite
prevention.
So we cannot drain the entire Southwest Florida region. That
probably wouldn't be wise ecosystem-wise and so on. So what we do
is we try to get out into the community, let everybody know that they
have a greater impact on the overall number of mosquitoes we see
every year than the Mosquito Control organization here in Collier can
do reactively to eliminate the adult mosquitoes.
So through public education, we try to attend as many events as
possible in the community throughout the year and get the word out
about the use of repellents and dumping the water and trying, to the
extent possible, to avoid the areas where the mosquitoes are during
dusk and dawn and so on.
Our surveillance program is -- you probably have seen our trucks
around. We also have extensive automated surveillance now, a
network that's quite impressive. In just the last year we have lots and
lots of traps that actually will count the mosquitoes as they go through.
May 23, 2017
Page 22
And an interesting note is that one of -- when the sales gentleman was
saying, okay, well, how many do you -- how many do you need to
count per hour? And we said, can you do 10,000 per hour? And he
said, no, it won't count that high.
So what happens is we actually, on occasion, will measure the
mosquitoes almost by the pound instead of by the thousands because
they become so abundant. And if this is making you creepy crawly,
I'm sorry. But we're doing our best to control them and get the
numbers down.
So surveillance is a big deal. Biological control. We're going to
be implementing a mosquito fish program in the coming year. It is not
-- it is effective in killing larva, which is nice. It may have reduced the
ultimate number of adult mosquitoes on a property and so on. But it's
more of a way for us to reach out to the community and to have a
conversation about mosquito control.
Things like bats and dragonflies, which occur naturally, they all
do eat mosquitoes, but the numbers of mosquitoes are outnumbering
any bats and dragonflies probably by a thousand to one, so...
And then last is chemical control and, unfortunately, this is how
we have to control the adults based on our geography, based on the
weather, based on the broods coming off. We have really -- we have
very effective chemical treatment, and we also have gotten the science
down to using an ultra-low volume amount of the chemical. So we'll
discuss that in just a second.
So the larvicide, when you see our trucks out -- this is one of our
inspectors. What he's spraying there is actually -- it's not Naled. That
is actually BTI, or it's just an aqueous or water solution with a bacteria
in it. The bacteria's harmless to fish. It's harmless to other wildlife. It
kills only mosquitoes. And if you put it in standing water like that, it
will definitely reduce the number of adults that come off in terms of
flood water mosquitoes. These are freshwater mosquitoes.
May 23, 2017
Page 23
On the left side, under the helicopter there, you see a little pile.
That's called Mosquito Bits, and on the right side, the little doughnuts
there; those are mosquito dunks. We encourage everyone to have --
anybody who has water around their property, have some of this
material. It's benign to humans and pets and so on, and you can drop it
in a bird feeder or into the base of a planter or into your bromeliads,
and it will reduce, drastically reduce the numbers of aedes aegypti and
other sorts of stagnant water mosquitoes from coming off.
We use a product that's essentially the same. We have two or
three versions of ability to larvicide. We can do it aerially, we can do
it by ground, we can do it by hand, but certainly those in the
community who have an interest in reducing the number of mosquitoes
on their property can use these products with equal effectiveness, if not
more.
CHAIRMAN TAYLOR: Where do you get them?
MR. LINN: You can buy it at any home improvement store. I've
seen it at Walmart, and it's not terribly expensive. You can get a big
jug of it for 12 or $14, and it will go a long way.
If you stop by Mosquito Control, we actually have some little
tablets that -- they're not BTI, but they're a long-acting growth
inhibitor. If you have, you know, a horse trough or a dog dish or
something -- dog dishes should be changed, of course, but these will
give you 60 days of control.
So we have lots of that available, and that's available online, but
we like to have a chat with the folks that we give that to.
Okay. When it comes to aerial control -- and we were talking
about chemical control just a moment ago -- our helicopter fleet, we
have five. Four are in service right now. And let's see. Two of them
are specifically for treating larvae or larvicide ships. And we have --
that leaves two ships for treating adults. One, we have two different
classes of chemicals for that. And our helicopters are very tactical,
May 23, 2017
Page 24
very surgical, small area, and we get in there and knock down the
bugs.
The sky van, which you see on the left side of the screen here, is
an unusual-looking airplane made by the Shorts Company. They're no
longer made. Ours are -- we have the biggest fleet of three in the
world, and also parts inventory, but our county residents and taxpayers
are the owners of these three aircraft -- these three fixed-wing aircraft
and five helicopters, which are very, very effective at reducing the
numbers of adults.
The sky van there on the left can treat approximately 30,000 acres
in one mission, which is pretty substantial. In other words, to give you
some idea, we can do the entire Golden Gate Estates area in one or two
nights depending on the winds and the weather. That's more than
90,000 acres. So that's a lot of square miles. The district itself is 400
square miles, and we can knock it out in a pinch in two days if we have
to.
All right. I'm not going to try to put you to sleep here with the
aedes aegypti, but it's important to understand that the aedes aegypti is
a different mosquito. It behaves differently, it lives with humans, it's
evolved to live with humans, it prefers human blood meals and,
therefore, we really need the community's assistance to reduce the
numbers of these types of mosquitoes by reducing the source.
Bottle caps from the little bottles of water, tarps, leaf litter, bird
baths, plant -- the bases for plants that catch water. All of those animal
dog dishes, cat dishes, whatever, can host the eggs for aedes aegypti.
They are daytime biters. They will bite at any time, day or night.
And one of the -- one of the reasons they're so good at
transmitting a disease is because they live so close among human
beings, and this is something that's problematic for us as a district
because we cannot get so far down in the weeds as to treat individual
backyards and such. Although, should local transmission occur with
May 23, 2017
Page 25
Zika, we are prepared for this, but we will be highly visible and
following all the best practices for control of this type of mosquito.
But if we -- it's our philosophy that if we reach out to the
community, one person, one heart, one mind at a time, and get them to
take proactive action, then we will have less likelihood of local
transmission of disease thanks to this mosquito.
All right. If we do have Zika, surveillance intensifies
extraordinarily. We actually currently run two parallel programs. We
have a regular old Mosquito Control program, which involves
surveillance and decisions and control, and the Zika program is one
that we work in coordination with our colleagues at the Department of
Health. So we follow areas with suspect cases of Zika, and we also, in
our own administration building, we have a laboratory where we've
been fortunate enough, thanks to our commissioners, to have all the
necessary laboratory equipment to do the genetic testing in-house.
We're actually looking for Zika, dengue, chikungunya, malaria, West
Nile, encephalitis.
We do all the testing of the mosquitoes in-house. That saves us
from days to weeks so that we don't have to send our samples off to the
laboratory up in Kissimmee. That's extraordinary. So our research
department has really, really stepped up operations in the previous
year. And between research and operations with respect to our aircraft,
we are ready for a local transmission, although we're certainly hoping
that it doesn't come to that.
We have regular meetings with our friends at the Department of
Health, and we have a plan in place for the event -- in the event of
local transmission for boots on the ground and so on to educate folks.
Right here we go back to the picture of Collier here with various
shades on it. The blue is the current district. It's at 400, plus or minus
-- 400 square miles; 27 -- we're now actually 28 employees. We have
an $11 million budget and, to a great extent, that's chemical and/or
May 23, 2017
Page 26
treatment. We have larvicide and adulticides in that budget. That
takes up a large -- the lion's share of it.
The current district is shown in blue and that -- if you do a tiny bit
of just eyeballing there, you can see that about 80 percent of Collier
County is currently not in the district; therefore, we are not able to
control in the areas outside the blue.
In an event of a disease outbreak, we are, however, given
permission by the governor to treat areas of source where there might
be a disease-carrying or vector mosquito.
Our main office number is 436-1000. We also have a nice
website at cmcd.org. You can email me directly. We also have an app
that is -- there is an app for Mosquito Control, believe it or don't.
We have an app that is -- we're very proud of it. I think it works
very nicely. You can put in your own address, and we'll notify you
when we're going to treat in your area. We'll tell you what we're going
to use, when we're going to do it, and it's available for android and IOS
platforms. So very -- we're doing our best to be all caught up in terms
of technology.
So it's my hope that you have an understanding a little more about
salt marsh mosquitoes, the concept of integrated mosquito
management, what the district is doing in terms of preparation for Zika
and the aedes aegypti mosquito as well as the district boundaries,
which we'll go back to here briefly. I may be visiting with you again
in the future, not too distant future, about a proposal to add some
square miles to the district as Collier's population continues to grow at
a very fast rate.
We're looking into all of the details now and, certainly, we'll be
happy to share what we know as we move along and -- but, certainly,
we're going to -- we're going to need to up our game a little bit as the
population grows so quickly.
Thank you for your time this morning. Any questions that I can
May 23, 2017
Page 27
answer for you?
CHAIRMAN TAYLOR: I don't see any questions. Thank you
very, very much.
MR. LINN: Thanks.
MR. OCHS: Thank you, Patrick.
Item #6A
PUBLIC PETITION REQUEST FROM MR. PAUL DERNBACH
FOR APPROVAL TO PROCEED FOR A MUNICIPAL SERVICES
BENEFIT UNIT (MSBU) FOR THE PURPOSES OF INSTALLING
COUNTY WATER TO PROPERTIES ON CESSENA ROAD IN
THE PINE RIDGE ESTATES SUBDIVISION – PRESENTED
Madam Chair, that takes us to Item 6A this morning. It's a public
petition request for Mr. Paul Dernbach for approval to proceed with a
Municipal Service Benefit Unit for the purposes of installing county
water to properties on Cessena Road in the Pine Ridge Estates
subdivision.
The speaker has 10 minutes, up to 10 minutes.
MR. DERNBACH: Thank you. Thanks for allowing me to be
here today. I live in the Pine Ridge subdivision, the northern section of
it between --
CHAIRMAN TAYLOR: Would you please identify yourself, sir.
I'm sorry. Would you please identify yourself.
MR. DERNBACH: Paul Dernbach.
CHAIRMAN TAYLOR: Thank you.
MR. DERNBACH: I live at 800 Cessena Road, Pine Ridge
subdivision.
The specific area we're talking about -- I think we have a map
somewhere -- it's between Tupelo Road and Cessena, and the corner of
May 23, 2017
Page 28
Cessena Road and Carica Road.
I've worked with several members of the county staff so far,
including Pam Libby from Public Utilities Division in the water
section. We've identified 13 lots that would be involved in this
MSBU.
We've sent petitions to all of the lot members on two separate
occasions beginning almost six months ago. We have at this point 60
percent of the lot owners which are in favor of this MSBU, which is
over the 50 percent required -- 50 plus 1 percent required to establish
an MSBU.
The petitions have been drawn up by the county staff. They've
been sent to each one of the lot owners. And at this point I believe we
have eight of the petitions that have been delivered to Michelle Arnold.
And I am not aware if all of the signatures have been verified, but --
they have been? No, but they're working on that.
So I know -- I understand fully that this is not an up or down
decision today but merely a presentation to proceed with further work
on getting this established, and that's all we're asking for today.
All of the lot owners have been informed of the petition, of the
initial estimates of the cost. And we're trying to keep everybody as
informed as possible. Not everybody wants to do it, but I am here
representing the people that do want to do it.
CHAIRMAN TAYLOR: Thank you. Any questions?
COMMISSIONER SAUNDERS: I don't have any issues with
having staff move forward to take a look at it.
CHAIRMAN TAYLOR: I don't either.
MR. OCHS: Very good. That's what we'll do.
CHAIRMAN TAYLOR: Well done.
MR. DERNBACH: That's all I'm asking for.
CHAIRMAN TAYLOR: Yeah. Well done.
MR. DERNBACH: Thank you very much.
May 23, 2017
Page 29
CHAIRMAN TAYLOR: You're welcome.
MR. DERNBACH: By the way, just one thing. The staff I have
been working with have been extremely helpful: Michelle, Dan, and
Pam Libby. So I want to thank them very much. They've really done a
really nice job. Thank you.
CHAIRMAN TAYLOR: Thank you.
Item #9A
RESOLUTION 2017-97: RECOMMENDATION TO APPROVE
PETITION VAC-PL20170000440 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 –
ADOPTED W/STIPULATIONS
MR. OCHS: Commissioners, that takes us to Item 9A on your
agenda this morning. It was previously Item 17B on your summary
agenda. And this is an item, Madam Chair, that will require ex parte
disclosure to be provided by commission members, and those that will
participate will be sworn in.
This is a recommendation to approve a recommendation from
county staff to vacate the county and the public interest in a portion of
the 60-foot-wide road right-of-way known as the 25th Avenue
May 23, 2017
Page 30
Northwest.
And Commissioner McDaniel brought this forward, and I know
we have a couple of public speakers as well. Commissioner, would
you like to begin, or would you like staff presentation?
COMMISSIONER McDANIEL: Other than ex parte that we get
to talk about now.
CHAIRMAN TAYLOR: All right. Go ahead.
COMMISSIONER McDANIEL: Well, I would just like to -- I
would do -- with regard to that I have a litany of communication,
meetings, correspondence, emails, and calls.
CHAIRMAN TAYLOR: Thank you. I have had staff meetings,
and that's it. Thank you.
COMMISSIONER SOLIS: I have nothing to disclose and no
contacts.
COMMISSIONER SAUNDERS: I may have had some emails
and that sort of thing; other than that, nothing to disclose.
CHAIRMAN TAYLOR: All right.
COMMISSIONER McDANIEL: And just for the record, I was
asked by several folks that live in the area to pull this item so that there
could be some discussions about the activities that have gone on out
there, and that was the reason for bringing it up, yes.
CHAIRMAN TAYLOR: How many speakers do we have, Mr.
Miller?
MR. MILLER: I have two registered speakers, Madam Chair.
MR. OCHS: Madam Chair, you need to swear in and --
CHAIRMAN TAYLOR: Yeah, I know that. I just --
MR. OCHS: -- you have -- the petitioner wants to make the
presentation.
CHAIRMAN TAYLOR: Yes, of course. I just wanted to know
how many speakers we had.
MR. OCHS: Thank you.
May 23, 2017
Page 31
CHAIRMAN TAYLOR: Okay. Shall we swear?
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN TAYLOR: Did the speakers swear in?
COMMISSIONER SAUNDERS: I think normally you would
swear in the speakers as well.
CHAIRMAN TAYLOR: Yeah. The speakers need to -- anyone
who wants to participate in this hearing needs to be sworn in. There
we go.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN TAYLOR: All right. Thank you.
MR. OCHS: Would you like to begin with the petitioner, Madam
Chair?
CHAIRMAN TAYLOR: I would. Thank you very much.
MR. WILLEMS: For the record, my name is David Willems.
I'm the project engineer for Waldrop Engineering that's working on the
project.
What I'd like to do is just go over a real brief history to explain
why we're requesting the easement vacation. And it's important to note
that this is an easement. It's not a right-of-way that the county
currently owns. The applicant owns the right-of-way, and then there's
an easement over it for access and utilities and drainage.
The original design that we proposed when we first started the
project -- I'll show what it looks like. When we originally looked at
the project, we had proposed an access off of 25th. There was going to
be -- the main access was always going to be off Immokalee Road.
We expected that all of the traffic would really use Immokalee Road,
but because it was an easement, we needed to leave it open to the
public. So we left it open.
We were required through that process to have one public
meeting. We actually had two. And then also -- the owner and Ryan
Companies also, in addition to those public meetings, actually met
May 23, 2017
Page 32
with the residents that were closest to the project to just get an
understanding of what their concerns and issues were.
One thing that came out of --
COMMISSIONER McDANIEL: Wait a second. County
Manager, could you turn the maps so north is pointing up just for
clarification purposes. Thank you.
MR. OCHS: Sure.
COMMISSIONER McDANIEL: There you go. That will make
it a little clearer.
MR. OCHS: Yes, sir.
COMMISSIONER McDANIEL: Thank you, sir.
MR. WILLEMS: So I'll show you the area that we're talking
about. So we had the meetings. We met with the public, and
something that came out of there was is the residents in Golden Gate
Estates really did not want any connection to the school. They had
concerns that people would either cut through Golden Gate Estates to
get to the school or leave the school to get out at Wilson.
So what we did was we went back to the drawing board, looked at
how we could separate our project from 25th and, because of the large
wetland on this site, the only way that we could really get the
circulation and the stacking for the students and also sever the
connection with 25th was to actually vacate the roadway so we could
just -- we could close it down.
And that -- I'm going to show you what the design is right now.
We've permitted it through the county. We have the approval for the
improvements. And so what we're looking to do right now is we're
going to take out about 100 feet of the roadway itself, take out the
asphalt, put sod over the top of it. It's still going to be available for
emergency access if it's needed. We did meet with the fire district.
They explained that they didn't believe that they needed fire access off
of 25th because the access off of Immokalee is so much easier, but it's
May 23, 2017
Page 33
still going to be available for them to access if they need to.
With the easement vacation, while we're getting rid of the public
access portion of it, the county is still maintaining a utility corridor
through there if they need -- if you guys need utilities in the future, it
will be there to put the utilities. There's still going to be a drainage
easement, so the county can still keep the drainage that goes through
there, and then also the county's going to have maintenance authority
to actually access the site and maintain those facilities if they need to.
So, really, all we're trying to do here with the formal vacation is
to implement what the community told us they wanted us to do for the
project.
After we get this approval, we'll be able to pull the asphalt off of
there, sever the connection so that there won't be any of our traffic
going into the community, adjacent community.
COMMISSIONER McDANIEL: Just -- may I ask -- am I
allowed to ask a question? Now or you want to wait till he's done?
CHAIRMAN TAYLOR: Once he finishes.
MR. WILLEMS: Well, that's it. I'm finished. Any questions?
COMMISSIONER McDANIEL: Could you point at where the
gate's going to be located?
MR. WILLEMS: There isn't a gate currently proposed. That
doesn't mean that one can't be added. That's not on the SDP plan right
now, but it would be very easy to add one, just right at where the grass
entrance is.
COMMISSIONER McDANIEL: If you don't have a gate, how
are you going to stop parents from turning right, other than it's grass?
MR. WILLEMS: Well, that roadway right there is really to go
pick up the kids.
COMMISSIONER McDANIEL: I understand what it is.
MR. WILLEMS: But if you're coming through there in order for
you to pick up the kids, you've got to go through that intersection, and
May 23, 2017
Page 34
then you're actually going to be forced to turn right out onto
Immokalee Road. It's going to be very difficult for somebody that's
picking up their kids. I do understand what you're saying, and we
could definitely modify the plans to show that, to add a gate to it. It's
just not shown on the plans right now.
COMMISSIONER McDANIEL: There has to be a gate there.
MR. WILLEMS: Okay.
COMMISSIONER McDANIEL: Without a gate, you have no
control. I mean, this is -- and one of the reasons that we're here today
is this is an advent of the Immokalee -- or the Golden Gate Estates
Master Plan review that we're currently going on that allows for
schools to be located in Golden Gate Estates, so -- and some
deficiencies within the existing code with regard to the notice process.
And we've all talked about -- these aren't new things. I mean, our
notice process allows for only a notification to the neighborhood of up
to 300 feet from the boundary of the property.
And in this particular instance, a 65,000-square-foot K through 12
school, the applicant was only required to notice two people because of
the geography of Golden Gate Estates.
Now, we did hold -- and, I mean, they did hold -- I'm not
throwing any rocks. I'm just talking about deficiencies that we have
within the system that have allowed this. So they did hold
neighborhood meetings. They have -- they did cooperate with
Commissioner Nance in the process that held off construction until, in
fact, the bridge was put in. Then we had issues with our staff in
allowing the utilization of the bridge because of right-of-way permits
and such that exacerbated the circumstances, so...
And I don't know, procedurally, with regard to the easement itself
or the vacation of the easement, but I was always under the impression
that there was a gate there.
MR. WILLEMS: Yeah. It's never been shown on the plans, but I
May 23, 2017
Page 35
think it's simple enough for us to put that in. We could easily update
the SDP plans to allow us to pull the permit to build those. That's
simple enough.
CHAIRMAN TAYLOR: All right.
MR. OCHS: Would you like to hear from staff, ma'am?
CHAIRMAN TAYLOR: Yes, I would. Thank you.
MR. McLEAN: Good morning, Commissioners. Matt McLean,
Director of the Development Review Division.
Our staff has been very engaged and gone through all the reviews
related to this Site Development Plan, including this vacation
application, and the challenge that we have had with it is county staff
does not have the ability to approve a gate until actually the vacation
occurs.
I totally agree with you, Commissioner McDaniel, that a gate is
truly necessary in order for them to be able to control the ability for
that ingress/egress out that way.
As part of this vacation application, we've worked directly with
our Collier County Public Utilities folks, as well as our other Capital
Improvement folks to continue to have the ability for them to be able
to access for drainage purposes to the canal on the west side of the
property, as well as any future expansion for public utilities to utilize
this property as well for future public utilities expansion.
The applicant has worked diligently with us on those, and staff is
bringing this item forward to you guys with our recommendation of
approval that it does meet all of our codes and ordinances.
CHAIRMAN TAYLOR: Go ahead.
COMMISSIONER McDANIEL: I have another quick question,
Matt. And thank you for that information.
With the vacation of this easement, this is going to provide for
utilization of the two-and-a-quarter, two-and-three -- I can't remember.
Is it 150- or 180-feet-wide tract to the north?
May 23, 2017
Page 36
MR. McLEAN: It's about 2.3 acres.
COMMISSIONER McDANIEL: Okay. It's a
two-and-a-quarter-acre tract.
And we've talked about the buffering and such for the -- for that
piece of property. If the applicant or the owners were to develop that
residentially, would we be -- would we be obligated to provide that
residence access out onto 8th?
MR. McLEAN: If that particular piece of property was split out
and was developed as a residential structure, our codes and ordinances
would allow them to be able to provide a driveway connection to 8th
Street.
(Cell phone ringing.)
COMMISSIONER McDANIEL: Even if it's -- even if it's within
-- sorry about that. That even caused me to space. Even if it's within
the continued ownership of the school itself?
MR. McLEAN: Yes. But what we could do is we could work in
coordination to be able to restrict the ability for that to loop through
into the school so that it could only be a designated residential
driveway connection to that residential structure. They could have a
pedestrian pathway, perhaps, that would go down to the school but not
a formal vehicular connection.
COMMISSIONER McDANIEL: Because, there again, the large
issue here is the access capacity; it's very limited access up there. If
you haven't ever --
(Cell phone ringing.)
COMMISSIONER McDANIEL: That's two.
It's very limited access in that area. You only get to get into that
neighborhood on Wilson Boulevard north off of Immokalee Road, and
then 25th goes back and accesses four streets -- I think it's four streets
along off of 25th that go north that all dead-end up there. So there's
very limited access for the residents that are over there.
May 23, 2017
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And the whole premise behind the school's existence was to be
utilizing Immokalee Road where there is a newly installed light. And
that's just the concern that I would like to make sure we address as
we're going through this just to provide security so that -- I mean, so
that there's -- and you're going to hear from a few of the residents
today about the access off of 8th and 25th.
CHAIRMAN TAYLOR: All right. Questions? Questions? Yes,
Commissioner Solis?
COMMISSIONER SOLIS: Just -- in looking at the executive
summary, there's some legal requirements for a vacation. I'm just
wondering if we want to make sure that everyone's had a chance to put
those on the record. It would be for a general public welfare, that the
request doesn't invade or violate individual rights. I'm just wondering
if there's going to be anything on the record in regards to those legal
requirements.
MR. KLATZKOW: Generally speaking, these things are on
consent. Generally speaking, unless they get pulled and they're going
to be denied, you don't really need to give reasons. If you're going to
deny this, then you're going to need to look at the criteria and match
your reason for denial accordingly.
COMMISSIONER McDANIEL: Are we allowed to condition it?
MR. KLATZKOW: Yes.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER SOLIS: And I wasn't suggesting one way or
the other. I was just wondering if we were going to have anything
presented, but I guess I see Bruce up there now, so maybe...
MR. ANDERSON: For the record, my name is Bruce Anderson
on behalf of the applicant.
And at the bottom of Page 1, it's probably a form recitation, but
there is a finding that this is declared to be in the public interest and for
the public benefit subject to certain conditions that are outlined in
May 23, 2017
Page 38
there.
MR. KLATZKOW: Right, but now the burden's on you.
MR. ANDERSON: Yes, sir.
MR. KLATZKOW: You may want to meet that burden.
COMMISSIONER SOLIS: Well, I guess I'm --
MR. KLATZKOW: You've raised the issue.
COMMISSIONER SOLIS: I'm not trying to say there's an issue
or there isn't. But I'm just -- I'm assuming that the concern was the
traffic cut through and that there would be some benefit from reducing
that or preventing that, and that's what we're talking about.
MR. ANDERSON: Yes. And we're content to rely on the
testimony that Mr. Willems has just presented in regards to those two
findings.
COMMISSIONER SOLIS: Okay.
CHAIRMAN TAYLOR: All right. Okay. All right. Let's hear
from our speakers, please.
MR. MILLER: Yes, ma'am. You have two speakers. Your first
speaker is Karen Wood. She'll be followed by Rita Greenberg.
MS. WOOD: Good morning, and thank you.
The community members and property owners of 25th Avenue
Northwest neighborhood are strongly opposed to the resolution to
vacate the public's and county's interest of a portion of 25th Avenue
Northwest.
We ask that our public land not be given to the school for their
personal use and interest. This land serves as a minimal buffer to what
has become a destructive impact on our neighborhood.
A glitch in the zoning allows charter schools to be built on
residentially zoned property without any notification to the
neighborhood, a charter school that includes a multi-story building,
significant car traffic, hundreds of students and staff.
When the neighborhood learned that the charter school was
May 23, 2017
Page 39
coming into our neighborhood, we requested and received public
meetings. At the public meetings, the said portion of 25th Avenue
Northwest and the adjacent vacant strip of land to the north was
discussed. I personally raised the potential use of this land by the
charter school with representatives of this Ryan Companies and charter
school representatives.
They, by their word, assured us that they would not pursue
utilizing the section of 25th Avenue Northwest nor the adjacent vacant
strip of land to the north. They stated it would serve as a perpetual
buffer to the local community.
Additionally, in their words, there were not plans to utilize 25th
Avenue Northwest nor develop the vacant strip of land, as the school
had their own driveway immediately encircling the school.
We were asked if we wanted access through the school. It was
unanimously and resoundingly agreed by the neighborhood that no
access to the school was desired, and we requested that they block all
access from the school into our neighborhood.
When the community members asked for this in writing, Ryan
Companies indicated that they need not put it in writing; that their
word was enough. We are here today; their word was not enough, nor
has it been during the entire construction process.
This land is public land. We ask that it remain public land and
that the commissioners deny this resolution. We also request that the
commissioners require the school to install additional landscape
buffering and a fence around the property the school purchased. We
also request that the signage be placed at the entrance to the
neighborhood off Immokalee Road and Wilson Boulevard indicating
that there is no school access. All roads are, indeed, dead ends.
Again, I thank you for allowing a voice to ring out from the
community. Thank you for preventing the destruction of our
neighborhood by opposing this gift of county and public land to the
May 23, 2017
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charter school.
And, Commissioner McDaniel, thank you for indicating that a
gate needed to be installed. Thank you.
MR. MILLER: Your final speaker on this item is Rita Greenberg.
MS. GREENBERG: Good morning, Commissioners.
For the record, Rita Greenberg, 2780 8th Street Northwest.
I had a completely different plan to speak to you about today, but
what I heard, based on the presentation, what I heard from
Commissioner McDaniel, my only request is in concert with Ms.
Woods (sic), is that at that community meeting, which we were all at
initially when we were told they wouldn't use the neighborhood for
construction, they wouldn't use the neighborhood for school access,
they wouldn't use this, they wouldn't do that -- they've done all those
things. So believing that they're not going to use the grass access
without a gate is something that we're not willing to accept.
They have also indicated a willingness to put a barrier, whether it
be a fence or a wall or some sort to stop the foot traffic, because the
gate at 25th is not going to stop those parents trying to get in and out of
that traffic on Immokalee Road, from driving down Wilson Boulevard,
25th Avenue, dumping their kids out, and having them walk that little
strip of land.
So at this point my request for conditions is not only the gate, it's
to put a fence around the perimeter of the property to stop foot traffic
and parents from dropping kids off in and out of our neighborhood and
to put signage up off of Wilson Boulevard north of Immokalee Road
that indicates it's no school access and again on 25th Avenue west of
Wilson Boulevard.
Thank you for your consideration.
CHAIRMAN TAYLOR: Any questions? Commissioner
Saunders.
COMMISSIONER SAUNDERS: I have a couple questions for --
May 23, 2017
Page 41
not for the speaker.
CHAIRMAN TAYLOR: Oh, okay. And no speakers, Mr.
Miller? Okay. So the public hearing part of this hearing is closed.
Commissioner Saunders?
COMMISSIONER SAUNDERS: I wanted to ask the petitioner,
and maybe Mr. Anderson or the petitioner can address this.
When the school is fully built out and fully enrolled, how many
students are you expecting to have and --
MR. DIECK: Good morning. My name is Doug Dieck. I'm with
Ryan Companies, and we're the developer; 201 North Franklin Street
in Tampa, Florida.
There will be 1,145 students at capacity, kindergarten through
eighth grade only.
COMMISSIONER SAUNDERS: I'm sorry. Will you-all have
buses? I know charter schools don't generally have that, but will
you-all have that sort of pickup transportation for students as well?
MR. DIECK: Most likely not. Their intent is to just have people
drive their kids. But if needed, they would.
COMMISSIONER SAUNDERS: So, theoretically, there could
be as many as a thousand cars in the morning and in the afternoon?
MR. DIECK: Yeah. I mean, that's not how it usually works just
because of multiple kids, you know --
COMMISSIONER SAUNDERS: Sure.
MR. DIECK: -- it's probably more in the 600 range.
COMMISSIONER SAUNDERS: Yeah, sure. And, you know, I
had a town hall meeting last night. There were 87 people there.
COMMISSIONER McDANIEL: Yes, he won. I had one in
Everglades City with 82, and he had --
COMMISSIONER SAUNDERS: Yeah, we had 85, so...
COMMISSIONER McDANIEL: He offered free coffee or
something.
May 23, 2017
Page 42
COMMISSIONER SAUNDERS: But I would say that 100
percent of the people that were there were concerned about traffic in
their neighborhoods; how they're going to get out into the main roads
and traffic that was impacting their quality of life in their
neighborhoods.
And so I don't know anything about this area. Commissioner
McDaniel, I've never been there, but I can certainly understand that if
it's a residential community and the potential of 700 cars, 1,000 cars
five days a week twice a day, I certainly wouldn't want that in my
neighborhood.
So I don't know what the alternative is other than, perhaps, some
of the conditions that were requested by the speakers. I could certainly
understand that.
So if those conditions were imposed where there'd be no access
off of, what is it, 25th --
COMMISSIONER McDANIEL: 25th and 8th.
COMMISSIONER SAUNDERS: -- with a fence so there would
be no foot traffic as well, what does that do to you?
MR. DIECK: Well, that's exactly what we're doing here today is
trying to abandon this road as requested by the neighbors so it is not a
public road any longer. And we are trying to comply with that, and --
COMMISSIONER SAUNDERS: Well -- okay. On the record --
I understand trying to comply. But on the record, are you willing to
make sure that there is no pedestrian or automobile access to the
school that would -- I guess it's on 25th -- so that access would be off
of -- what is the other road that would be --
COMMISSIONER McDANIEL: 8th and 25th.
COMMISSIONER SAUNDERS: 8th Street. Sorry, is it
Immokalee access?
COMMISSIONER McDANIEL: Well, the main access is on
Immokalee.
May 23, 2017
Page 43
COMMISSIONER SAUNDERS: So the access would only be
off Immokalee; is that --
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SAUNDERS: -- the way this would work out
if they had --
COMMISSIONER McDANIEL: That's the way the project is set
up to go.
MR. DIECK: I don't know for sure, but if I understand the
concerns -- and those are some of the same concerns that were brought
up at our neighborhood meeting, and we asked, do you want the road
open or closed; they said closed, you know, so we're doing exactly
that.
You know, it's -- what I understand the concern to be is if there's a
lot of traffic on Immokalee in the pickup and dropoff loop, somebody
would say, you know what, that's too busy for me. I'm going to go up
Wilson, come down 25th and drop my child off -- not drive over the
grass, but drop my child off there and let them walk -- I think that's
what I heard, and --
MS. GREENBERG: Yes, sir.
MR. DIECK: -- you know, we have grass there, and people don't
necessarily -- or usually drive over grass. So I don't think we need a
fence to keep a car out. I think what the concern was was the kids and
walking.
We've met with the neighbors. Ms. Hogue, Ms. Reynolds, and
we've talked very specifically about fences for landscaping and
buffering, and we've given them options, and they've chosen those
options, and we're installing those options. So from that perspective, I
think we've gone exactly where we should have gone and tried to
engage the neighbors and asked those questions.
COMMISSIONER SAUNDERS: Okay. So there will be foot
access off of 25th then? There won't be a --
May 23, 2017
Page 44
MR. DIECK: It's not our intent and desire to fence the site. We
don't want it to feel like you're going onto compound, if you would.
The area where the kids will be playing is fenced on the property so
they can't run off into the -- into the wetland on the site, if you will.
But our -- we do not want to fence the property --
COMMISSIONER McDANIEL: That's an issue.
CHAIRMAN TAYLOR: There's a real problem here because
generally schools do fence their properties. And when you are the
newcomer in a neighborhood, I think it's incumbent upon you, as the
builder or as the developer of the project, to ensure that the traffic plan
is followed as described.
MR. DIECK: Yeah, I agree.
CHAIRMAN TAYLOR: And, clearly -- and I live in a
neighborhood that has a school -- those grassy edges are used for a lot
of -- in fact, streets are used to drop the kids off and get them to go
across.
So I would like to know from staff if Immokalee has the capacity
to add -- and I think all we have to do is go look at the school at
Horseshoe, the charter school at Horseshoe, to see what that means.
Does it have the capacity to have 600 cars twice a day dropping and --
COMMISSIONER McDANIEL: It's already been approved.
CHAIRMAN TAYLOR: -- stacking on Immokalee?
MR. McLEAN: The Transportation Impact Statement, which
was reviewed related to the Site Development Plan approval, included
all of the traffic related for the facility to come off Immokalee Road.
The charter school is being required to do significant improvements on
Immokalee Road, including some dual turn lanes coming into the
property, as well as signalization at that location and a lot of significant
improvements on Immokalee, including another right turn lane coming
in to take into account all of that traffic solely coming in and off of
Immokalee Road.
May 23, 2017
Page 45
CHAIRMAN TAYLOR: You're aware of the challenges, the
traffic challenges on South Horseshoe, or North Horseshoe -- I think
it's South Horseshoe -- with a charter school.
MR. McLEAN: Yes.
CHAIRMAN TAYLOR: So this is in relation to or in reaction to
the problems we've had there in terms of you're sure that this is going
to work on Immokalee Road, already an imperiled road, already a road
that we're worried about becoming over --
MR. KLATZKOW: They're already approved.
COMMISSIONER McDANIEL: Yeah, it's --
CHAIRMAN TAYLOR: No. I know that, but I'm just --
COMMISSIONER McDANIEL: We're down that road.
CHAIRMAN TAYLOR: You know what, I just want it on the
record again. I understand that.
COMMISSIONER McDANIEL: We already know we have
issues on Immokalee Road with traffic and such. This is a -- this is a
large addition from a timing standpoint. But the project is approved. I
mean, today we're here to talk about the vacation of this easement.
CHAIRMAN TAYLOR: I just wanted to put it on the record.
COMMISSIONER McDANIEL: Yes, ma'am.
MR. WILLEMS: Can I, just for a second.
CHAIRMAN TAYLOR: Yes.
MR. WILLEMS: I think a lot of schools have issues with
stacking is why you get a lot of this traffic that backs up into the main
roads. And we worked with staff. Even before we started with the site
plan, we came to them and even -- in our preliminary stages, that was
one of the things they brought up to us is that we cannot have stacking
out onto Immokalee Road. And that's why we designed this site the
way we did.
As you come in off of Immokalee Road -- and you have to go all
the way around the school to start to pick up your kids. So there is a
May 23, 2017
Page 46
lot of room to stack all of the cars before you would ever impact
anything on Immokalee Road.
CHAIRMAN TAYLOR: Yes, go ahead.
COMMISSIONER SAUNDERS: Let me ask the petitioner, then,
just one more question, because I understand not wanting this to look
like a compound. On that particular stretch of road, 25th, I don't know
what kind of landscape buffering there might be, but is that something
that you could put in just to -- so that would, at least, discourage --
MR. DIECK: So we own the property on both sides of 25th that
we're vacating, and we're not doing anything on the north side of it.
COMMISSIONER McDANIEL: Today.
MR. DIECK: So there is no -- there's no development. So we'd
be screening from property we own.
COMMISSIONER SAUNDERS: Well, you'd be putting, you
know, at least something in that would keep people from wanting to
walk across it. That's all I'm asking. I understand that -- I'm just
concerned that there will be people trying to drop kids off to walk
there.
MR. DIECK: I think the only people that would probably be
doing that are people that live in the neighborhood.
COMMISSIONER SAUNDERS: Okay. So no -- the answer is
no.
MR. DIECK: We've gone through this several times and, I mean,
we're here only to abandon the road to --
COMMISSIONER SAUNDERS: Yeah, I understand. And
there's a statement in here --
MR. DIECK: -- have a disconnect. If we want to leave the road
connected, we're okay with that. It's the neighbors that didn't want that.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: Right. And one of the things
that we have an issue is we have the developer, Ryan Companies, who
May 23, 2017
Page 47
are currently representing ultimate owners and operators of the school,
so what we're trying to do is take care of shortcomings within our own
Land Development Code with regard to what's allowed and notice
processes and the like.
I think it needs to be discussed now, because you're not going to
be here when I'm dealing with the people that live in that neighborhood
who have people bringing kids in on 25th and rolling them out and
walking through whatever theoretical buffer is there.
I think it needs -- I think that north two-and-a-quarter acres, 2.3
acres, it needs to be fenced, there needs to be a gate, the gate needs to
be controlled by our first responders, period. There can't be any other
way. No landscape buffer is going to be sufficient enough.
Now I know you have offered a large -- larger buffer to the north
of the property for the neighbors that are out there. And as we were
talking about the release of this -- and I wanted to say on the record
they have expanded the buffer from -- I think it was 15 feet originally
to 20 with a more intense landscape. You have offered to do that. And
also, leave it alone. I mean, basically we're giving up a 60-foot
right-of-way, and if no structural development occurs up there, that 60
feet will be the minimum buffer that stays there that we're giving for
this right-of-way.
So those are things that are a portion of this, but I think it's
imperative that you prohibit -- that today we talk about prohibiting
vehicular traffic and/or foot traffic coming in and out of the school.
All public schools are fenced. I don't know one that's not, and both
from a keeping the children and keeping others out.
MR. DIECK: Yes. This site is fenced as well. Let me show you
where it is.
COMMISSIONER McDANIEL: Your site is fenced, but I'm
talking about the two-and-three-quarter acres to the north. And I don't
mean to be argumentative with you.
May 23, 2017
Page 48
MR. DIECK: That's the play area where the children will be
playing, and that is fenced, and that's controlled.
COMMISSIONER McDANIEL: Don't you have a fence that
travels all along the way of 8th across on the east side of your property
as well? There was a discussion with those neighbors -- yeah, right
down there along that line. There's a fence all the way there.
MR. DIECK: We've put in a landscape screen which consists of
a fence and some landscaping in the location as requested by Ms.
Hogue who lives immediately to the east of us.
COMMISSIONER McDANIEL: I'm having a tough time.
CHAIRMAN TAYLOR: You want to make a motion?
COMMISSIONER McDANIEL: Well, I want to approve the
vacation, but I want it to be approved conditionally that there is
prohibitive access provided to the entire site that the developer
currently owns who's representing the ultimate owners.
CHAIRMAN TAYLOR: Is that a motion?
COMMISSIONER McDANIEL: Yes. Conditionally with a gate
at the -- to be vacated, 25th right-of-way, with the gate controlled by
first responders. They have special locks.
COMMISSIONER SAUNDERS: And, Madam Chair, on the
motion, I'm going to ask the County Attorney if that's a valid --
MR. KLATZKOW: I was just going to ask, is that acceptable?
MR. DIECK: I have to understand what has been asked. Can we
go through that again?
COMMISSIONER McDANIEL: Yes. I would like the entire
property to be fenced, and I would like a gate installed at the easement
of 25th and 8th at that intersection with the lock to be controlled by
first responders or county staff.
MR. DIECK: What are we fencing? Are we fencing the
two-acre site to the north or the school property?
COMMISSIONER McDANIEL: The school property in its
May 23, 2017
Page 49
entirety. Everything that the school owns.
MR. DIECK: That is not something that's been requested by the
development staff. It's not required.
COMMISSIONER McDANIEL: Okay.
MR. DIECK: I mean, if the road stays open, it's okay with us.
Then the cars, we can just let them drive on 25th.
CHAIRMAN TAYLOR: There's a motion on the floor. Do I
hear a second?
MR. KLATZKOW: No, no. If he's not accepting the conditions
--
CHAIRMAN TAYLOR: Then the motion fails.
MR. KLATZKOW: Then we're not going to go forward with
this.
COMMISSIONER SAUNDERS: Okay. Let's -- again, I've
never been there, so I don't know the details here, but I understand not
wanting people to drive on 25th, drop their kids off, and have them
walk across to get to the school.
MR. KLATZKOW: Which they can do right now.
COMMISSIONER SAUNDERS: Which they can -- I understand
what they can do right now; I understand that. I simply was asking the
petitioner whether they would be willing to make sure, through some --
through a fence or some buffering, that it would be difficult for cars to
come in, drop their kids off, and have them walk across. I think what
you said, that -- it began to sound like you're willing to do something
in that regard.
We may not have any ability to do anything else other than
approve this today. I understand that. I'm just simply asking if that's
something that you could consider doing. And if the answer's no, the
answer's no. But you understand what we're trying to do. I understand
that you can -- if we don't vacate the easement, that cars can drive
down there and drop their kids off all day long. I understand that.
May 23, 2017
Page 50
MR. DIECK: That's correct.
COMMISSIONER SAUNDERS: So what I'm asking is,
assuming we vacate the easement, are you willing to do something so
that it's unlikely that cars are going to drive down there and drop kids
off -- that's all I'm asking -- which would be a fence across there, or
some buffering? Just something to make it more difficult.
CHAIRMAN TAYLOR: No? Was that a no? I'm sorry. I
thought you spoke, sir; I'm sorry.
MR. DIECK: I did not.
CHAIRMAN TAYLOR: Okay. Thank you.
MR. DIECK: I mean, I'm trying to figure out what we can
realistically do. We can put a, what, eight-foot chain link fence in so
nobody can jump over the top of it --
COMMISSIONER SAUNDERS: No, no.
MR. DIECK: -- all around the whole property?
COMMISSIONER SAUNDERS: No. I don't care about the
whole property. I'm just concerned about that one little area. It doesn't
have to be an eight-foot fence or anything.
MR. McLEAN: Again, Matt McLean, for the record. From what
I'm hearing, the discussion today, it sounds like the concern is on the
eastern side of the property line so, if I could, I'll go over to the
visualizer.
I believe the main concern is with respect to school access to
students/parents being able to come down 25th Avenue and drop
students off. So to alleviate that concern, one consideration could be
for the commission and the applicant to look at, potentially, just adding
a fence from, essentially, the southeast corner of the property along the
eastern side of the property up to where there could be a gate across
this area that we were discussing for the vacation and continue to carry
that, perhaps, up to the eastern property corner. That, effectively,
would eliminate the concern that I'm hearing today.
May 23, 2017
Page 51
COMMISSIONER SAUNDERS: It looks like most of that is
already -- there's a line that was drawn on there, where I believe there
is a fence already, or a fence being planned already for most of that
distance. Is that incorrect? Because you drew a little bit of a line there
on 25th.
MR. DIECK: That's correct. That is a -- that's a vinyl fence.
COMMISSIONER SAUNDERS: Yeah. So I think what we're
saying is, can you extend that?
MR. DIECK: So you'd like us to extend --
MR. OCHS: On the eastern.
COMMISSIONER SAUNDERS: And, Matt, if you could -- I
think you understand what we're saying. If you could show where that
extension would be, which I think he just drew on there.
MR. McLEAN: Yes. Essentially, that could be the fence
location from, again, the southeast corner continuing on up the
property to cross at 25th Avenue where there would be a gate that
could then be locked and available for emergency ingress/egress, as
well as county staff's ability.
COMMISSIONER SAUNDERS: Not a whole lot of additional
fence, from what you've already indicated, that's going to go there
anyway.
MR. DIECK: That's correct.
COMMISSIONER McDANIEL: And I'm okay, by the way.
COMMISSIONER SAUNDERS: So would you be willing to do
that? And I understand you don't have to. I mean, that's -- we're going
to vacate this easement whether you do that or not.
MR. DIECK: I was going to say, would you prefer it to be open?
COMMISSIONER SAUNDERS: No. I just --
MR. DIECK: Yeah, we'll put the fence in. I don't see any reason
for it, but we'll put it in.
CHAIRMAN TAYLOR: Commissioner Solis? Commissioner
May 23, 2017
Page 52
Solis?
COMMISSIONER SOLIS: No. I was just wanting to make sure
I understood where the applicant is in the process. They have an
approved SDP?
MR. DIECK: The school's almost constructed, complete.
COMMISSIONER SOLIS: Okay.
MR. McLEAN: Again, Matt McLean. Yes, they have an
approved SDP. They've been under construction. They're getting very
close to completion. They're expecting to open up for this next school
year.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER SAUNDERS: Madam Chair, I'm sorry. If
you're getting ready to say something --
COMMISSIONER McDANIEL: No.
COMMISSIONER SAUNDERS: Madam Chair, with -- I'm
going to make a motion to approve the vacation because, quite frankly,
that's best for the neighborhood. The petitioner's indicated that they're
willing to work with staff to put in some fencing and the gate to keep
people from using 25th. So with that, I'm going to make a motion to
approve.
COMMISSIONER McDANIEL: And can I just make an
amendment to your motion and specify that the gate be controlled by
first responders and county staff?
COMMISSIONER SAUNDERS: Well, this is a gate that would
kind of lead to their property, so I think they should be able to control
that as well. I mean, I don't see them keeping that open to let cars come
in there. They're not going to do that.
COMMISSIONER McDANIEL: The only time -- yeah.
COMMISSIONER SAUNDERS: So I don't think it should just
be controlled by first responders. I think that this is a -- you know, it's
their property.
May 23, 2017
Page 53
COMMISSIONER McDANIEL: Okay. I would like to see that.
MR. McLEAN: One point of clarification there. With vacation
approval, that effectively would eliminate the ability for legal access to
be able to go back and forth across there, you know, or the county is
reserving the ability to utilize it as well as for emergency
ingress/egress. So, effectively, that will be the legal ability to access
through that area.
COMMISSIONER McDANIEL: And we're not talking about --
and I appreciate that, Matt, but we're not talking about legal access.
We're talking about -- we're talking about parents that are constrained
on time and rolling in there and allowing their children to go in and out
through there, increasing the traffic on the neighborhood.
I mean, one of the representations from the developer has been,
from the beginning, that the impact for the neighborhood was going to
be -- from a traffic standpoint, was going to be solely in and out of
Immokalee Road. And all we're trying -- all I'm looking to do is to
allow for protection, because once we're done here, we're done, and the
developer's gone, and then we're dealing with the school and the
parents that are bringing their people in and out, which is --
CHAIRMAN TAYLOR: Well, we have a motion. Do we have a
second to that motion?
(No response.)
CHAIRMAN TAYLOR: Hearing no second --
COMMISSIONER McDANIEL: Then I'll make a motion if I
don't have to second the first. And this is very close. I just would like
to make a motion we approve the vacation with the -- with the
extension of the fence along the east property line, the installation of
that gate, and that gate to be controlled by first responders.
CHAIRMAN TAYLOR: We have a motion on the floor. Do I
hear a second?
(No response.)
May 23, 2017
Page 54
CHAIRMAN TAYLOR: Hearing no second, the motion fails.
COMMISSIONER SAUNDERS: Madam Chair, you're being a
little quick on that, so let's --
COMMISSIONER SOLIS: Quick question.
COMMISSIONER McDANIEL: Those guys have to think.
COMMISSIONER SOLIS: "Control" to me sounds like they're
the only ones that can open it.
COMMISSIONER McDANIEL: The gate, the key is with the
first responders or county staff.
COMMISSIONER SOLIS: Or at least they have a key.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SOLIS: Not that they're the only ones with
the key?
COMMISSIONER McDANIEL: Sure. All I'm looking to do is
provide some satisfaction for the neighborhood that the gate's not
going to be opened up interimly for special events and sort of things to
exacerbate the traffic out. If it's controlled by first responders and
county staff, we ensure that.
COMMISSIONER SOLIS: What is -- just so I understand the
concern --
COMMISSIONER McDANIEL: Can't do that?
COMMISSIONER SOLIS: -- what is -- what would the first
responders need to get? I mean, there's other residential structures
back there that are accessed.
COMMISSIONER McDANIEL: One of the benefits to this
process is the access for the residents that live up there. If there were a
natural disaster that would not allow access out on the only access out
on Wilson Boulevard, this gate could be opened by first responders to
allow the residents up there, if there was a fire or hurricane came
through and eliminated that access, then that gate could be opened and
the residents could be able to get out through the school property, and
May 23, 2017
Page 55
they've agreed to do that. That's one of the benefits of what we're
doing here.
COMMISSIONER SOLIS: Then that's acceptable to the
applicant?
MR. DIECK: (Nods head.)
COMMISSIONER SOLIS: Okay. I'll second it.
CHAIRMAN TAYLOR: All right. So there is a motion on the
floor. Would you repeat your motion, and --
COMMISSIONER McDANIEL: I'll try.
CHAIRMAN TAYLOR: -- also I want to be very specific --
COMMISSIONER McDANIEL: It's been a long time.
COMMISSIONER SAUNDERS: Just for the record, the
applicant did shake his head in the affirmative.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER SAUNDERS: That would not have been on
the record.
MR. DIECK: Yes.
CHAIRMAN TAYLOR: So -- and do you want to be very
specific about -- you did say the eastern portion of the property, and as
illustrated on the map?
COMMISSIONER McDANIEL: Well, yes. Well,
approximately as illustrated, because the map doesn't go, I don't think,
to the entire northern boundary of the -- what the school property
owns. The east -- the northern boundary and a portion of the eastern
boundary, yes, ma'am.
But I'll try to repeat it, and that is a conditional approval with the
installation of a fence to prevent both vehicular and pedestrian traffic
and the installation of a gate at the old 25th Avenue entrance that the
lock of which will be controlled by first responders and county staff.
MR. OCHS: And county staff, thank you.
CHAIRMAN TAYLOR: Is there a second to that motion?
May 23, 2017
Page 56
COMMISSIONER SAUNDERS: I'll second that motion.
CHAIRMAN TAYLOR: Okay. There's a motion and a second.
Any discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: 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 very much. I think we're going to break for our court
reporter. We're going to come back at 10:50.
MR. OCHS: 10:50.
(A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mic.
We're on to Item 10A.
Item #10A
RESOLUTION 2017-98: RECOMMENDATION TO APPOINT
TWO COUNTY COMMISSIONERS AS REGULAR MEMBERS,
AND THREE COUNTY COMMISSIONERS AS ALTERNATE
MEMBERS, TO THE VALUE ADJUSTMENT BOARD –
APPOINTING COMMISSIONER SAUNDERS AND
COMMISSIONER SOLIS AS REGULAR MEMBERS;
COMMISSIONER MCDANIEL, COMMISSIONER TAYLOR AND
COMMISSIONER FIALA WILL SERVE AS ALTERNATES) –
ADOPTED
May 23, 2017
Page 57
CHAIRMAN TAYLOR: Well, they always say that it's the
people who don't show up in the meeting that get nominated, so I'm
going to nominate Commissioner Solis.
COMMISSIONER SOLIS: I'm here.
COMMISSIONER McDANIEL: Second, second.
COMMISSIONER SAUNDERS: I'll second that nomination.
COMMISSIONER McDANIEL: Third.
MR. OCHS: Well, halfway home then, because --
COMMISSIONER McDANIEL: Fourth.
CHAIRMAN TAYLOR: And Commissioner Fiala.
MR. OCHS: You've got to appoint --
COMMISSIONER SOLIS: I'm going to nominate now.
CHAIRMAN TAYLOR: No, no. I'm already there.
MR. OCHS: All right. So let me get through this. This is a
recommendation to appoint two county commissioners as regular
members and three county commissioners as alternate members to the
Value Adjustment Board.
COMMISSIONER McDANIEL: I'll volunteer to be an alternate.
CHAIRMAN TAYLOR: Oh, no, no, no. The newbies always
get the full position.
COMMISSIONER McDANIEL: Well, that's those two.
CHAIRMAN TAYLOR: I've had the honor to serve on this
board for the last year, and I would like to pass that to someone else, if
that's possible.
COMMISSIONER SOLIS: Sure.
CHAIRMAN TAYLOR: But we have three alternates, so I guess
it's --
COMMISSIONER McDANIEL: Donna's not here.
COMMISSIONER SOLIS: Donna's not here.
CHAIRMAN TAYLOR: Yeah, Donna's not here, so...
By the way, for the public wondering where dear Commissioner
May 23, 2017
Page 58
Fiala is, she's recovering from a very successful knee operation, and
we wish her good health and a speedy recovery. All right.
COMMISSIONER SOLIS: So it's two alternates and one --
CHAIRMAN TAYLOR: Three alternates.
MR. OCHS: Two regular, three alternates.
COMMISSIONER SAUNDERS: Yeah. I thought the staff
recommendation -- I thought the backup had two names in there for
my name and one other for the appointee; was that incorrect?
MR. OCHS: Commissioner, I haven't survived this long by
making those kinds of decisions.
COMMISSIONER SAUNDERS: I don't have any problem
doing it.
CHAIRMAN TAYLOR: All right.
COMMISSIONER SOLIS: That's fine. I'd be glad to serve as
well.
CHAIRMAN TAYLOR: All right. And then three of us will be
alternates.
COMMISSIONER McDANIEL: There we go. And then we'll
be alternates. I'd be happy to.
CHAIRMAN TAYLOR: All right. So I guess we need to make
a motion.
COMMISSIONER McDANIEL: So moved.
CHAIRMAN TAYLOR: That Commissioner -- do you want to
--
COMMISSIONER McDANIEL: Oh, you want me to delineate
it? It's that Commissioner Saunders and Commissioner Solis serve as
the active participants, and Commissioner Taylor, Commissioner Fiala,
and myself serve as alternates.
CHAIRMAN TAYLOR: All right. Do I hear a second?
COMMISSIONER SAUNDERS: Second.
CHAIRMAN TAYLOR: Okay. All those in favor, say aye.
May 23, 2017
Page 59
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Item #10B
RECOMMENDATION TO REVIEW AND DISCUSS MATERIALS
PROVIDED BY STAFF REGARDING THE CURRENT USES AND
ALLOCATIONS OF COUNTY TOURIST DEVELOPMENT TAX
(TDT) REVENUES – DISCUSSED AND STAFF WILL COME
BACK WITH ADDITIONAL INFORMATION FOR DISCUSSION
AT THE JUNE 13, 2017 MEETING
MR. OCHS: Item 10B is a recommendation to review and
discuss materials provided by staff regarding the current uses and
allocations of the county tourist development tax revenues.
Commissioner Taylor, I think, was the author of this particular item.
CHAIRMAN TAYLOR: Yes, and thank you very much.
Understanding that on June the 13th we're going to make a
decision, certainly, on that fifth penny and the sports tourism complex,
but I've been a little perplexed in my time in the public over the last
maybe month, month and a half where there is a perception that it's
either/or. It's the beaches, or it's the sports tourism complex. I don't
think it is, and I'd like to just bring this forward to give you an idea of
where I'm going with it.
Commissioner Fiala is not with us today. She is the chairman of
the TDC, and out of respect for her, I don't think we need to make any
May 23, 2017
Page 60
motion. I'd like to see if there's a consensus for a plan, but I think the
decisions will be made -- final decisions will be made on June 13th.
It's not an easy read. This is -- this is complex. It's a statute, first
of all, passed on the state level and implemented on our level, and it's
had many iterations over the many years it's been with us.
Could we please, Mr. Miller, put -- yes, yes. This is really, I think
the -- I think Mr. Wert was responsible for this. I think this was in the
TDC meeting. This was a wonderful chart that basically shows that
the first penny can be shared by marketing and the museums, the
second penny can be shared by the marketing and museums with the
beaches, and the third penny is dedicated across the board also.
We are not building a convention center, so that last column that's
all in white, that just -- we just have to ignore that. And then the fourth
penny and fifth penny cannot be shared by the beaches at all.
So if we could go to the next slide. So I call this the Penny Plan.
No --
COMMISSIONER McDANIEL: By the way --
CHAIRMAN TAYLOR: -- no pun intended.
COMMISSIONER McDANIEL: -- we like the Penny Plan.
CHAIRMAN TAYLOR: No pun intended. But I looked at the
pennies and thought, how can we do this so that we assure our public
that the beaches have the priority here and that we, too, can do both?
The allocation on the left is our current allocation. You've heard this
many times, 47 for promotion, 41 for the beaches, and 12 for
museums. And this is my proposal, that we change that to 62.5 for the
beaches, which is 2.5 cents, or 2.5 pennies; the promotion would be
37.5 percent; and museums would be moved into that with the idea
that they would be self-sustaining over five years.
There is some conversation about bringing them into the General
Fund. That conversation would be an ongoing conversation, but it
would leave promotion with 1.5 pennies.
May 23, 2017
Page 61
Okay. Next slide, please.
So I'll just reiterate, that's my thoughts on it. It gives the beaches
-- now, the beaches are not just renourishing beaches. It's inlet
management; it's many, many things. But the pot in today's money, in
today's TDT collections, would be $13 million, plus or minus.
Okay, next plan.
Interestingly enough, we've heard of the Staros Plan. That's why I
kind of penned the Penny Plan. But Ed and I are very close in our
allocations on this. And, interestingly enough, if you look at the
historic TDT allocation to the beaches, 60 percent is how we started;
that's how our citizens wanted that money that was collected to be
spent, 60 percent for the beaches.
It changed in '99 and changed again in 2013. But I think, if I've
heard the message from the people I've talked to -- and, certainly, the
people in my subdistrict -- so many of the people in my district live on
the beaches. They want the beaches to have the importance that it was
-- that originally had when we passed this allocation for the beaches.
It is very interesting to note that we didn't renourish beaches and
we didn't start this process until the mid '90s. We had to -- but the
awareness of this community that we needed to do it, I think, is to be
applauded, okay?
Next slide, please.
Okay. This is visitors versus promotional spending. Now, this is
Fund 184. And if you look at it, it looks as -- it appears, by the
numbers -- at least we looked at it from 2013 to 2016. The number of
visitors has plateaued, but the -- there's an incremental increase in the
spending, almost double in the promotional spending.
And I know there's room to move things around and still keep
things operating efficiently and to still do the promotion that we need
to, but also to make sure that 60 percent or 62 percent or 2.5 pennies of
what we collect in this county for tourist taxes, TDT, is spent on the
May 23, 2017
Page 62
beaches.
Next slide, please.
Beaches are the number one tourist attraction in Collier County.
There's no question, especially with properties on the beach, not only
the hotels, but the private property.
You pay the premium to live on the beach. I've never calculated
it, and my two colleagues to the left of me, my -- probably can help me
a little bit more with this, but I would say there's at least one billion or
more dollars worth of real estate on the beach.
COMMISSIONER McDANIEL: Oh, I could even vouch for
that.
COMMISSIONER SOLIS: Yeah.
CHAIRMAN TAYLOR: Yeah? Yeah, at least. If we don't have
our beaches, not only do property values start shifting, but --
COMMISSIONER SAUNDERS: A lot more.
CHAIRMAN TAYLOR: A lot more than that, you think? Okay
-- we lose why people come here.
We have embarked the CAC, and I think the Commission has at
least given a nod to it, for a beach resiliency program. That's going to
be an ongoing program. It's much more than just renourishing the
beach. It's renourishing the beach to a level that will help us in storm
surge and hurricanes. It will give us dunes and also extend the beach,
and that means we can't rely any longer on truck hauls solely. We'll
have truck hauls, there's no question about that, but we can't rely on it
solely, which is what we've been doing over the past maybe four years
or so. And the need is the beaches, and the need is now.
We can renourish beaches, we can fund them adequately for the
future, build our beach for the future, and we also make a decision
about funding a sports tourism, but it is definitely not an either/or
proposition.
So that's it. Thank you.
May 23, 2017
Page 63
And, Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. And first off, I'd like to
compliment you. I was actually able to follow through the Penny Plan,
liked the idea, liked the name.
I would like to suggest -- and, again, we're really not -- I think
you've decided we're not going to vote on anything today. But just in
that analysis I was going through -- and I find it also disappointing that
there is an either/or perception amongst our community. It's not
either/or. The beaches -- beaches rule.
And so it's not an either/or proposition. And in your analysis
here, looking at what we're currently spending in relationship to the
support of the beaches, promotion, and museums, which is
predominantly where these pennies, Penny, are spent, it's not -- it's
very apparent why there is a perception that we're -- it's an either/or
issue.
There's been a diminish in the revenues appropriated for the
beach renourishment since 1999, which I am saddened by. I think
your proposition here delineates that quite well.
Number two, the only twist in it would be, I would like to keep
museums as a portion of this, unless there is a revenue stream out there
that I'm not aware of that would allow them to become self-funding.
But just looking at the revenue spent in promotion in relationship to the
visitors, approximations of visitors, we can continue to support the
museums at the current levels that we have and reduce back to only
two years ago what we were spending in promotions with not any large
increase in visitors and keep the program as such.
So that's just a thought for us to discuss when we do bring this
back for a vote at some time, but I, most importantly, wanted to
compliment you.
CHAIRMAN TAYLOR: Thank you very much.
Commissioner Saunders?
May 23, 2017
Page 64
COMMISSIONER SAUNDERS: Yeah. And I will join
Commissioner McDaniel in complimenting you in the conversation.
We've all said that we want to increase the amount of money
going to beaches, so there's no dispute at all amongst the five of us in
terms of trying to get more money into beaches.
That's one of the reasons why we're having the meeting with the
Tourist Development Council is to let them know what we're thinking
and to find out what they're thinking, and also to get more data from
our staff.
We need to put more money in beaches. I don't know what that
number is. And staff will have to help us out with that. I support the
enlarged project, widening the beach and putting the dune in, and staff
will be able to come back to us and tell us how much that's going to
cost, how much money they need to actually have in beaches. And it
may be that there needs to be $8 million or, rather, $13 million in
beaches. It may be a lower number. I just don't know.
The other thing that we don't know is what we're going to do with
the fifth penny. And I've said -- and I think the Board has -- I'm not
sure if the Board's agreed, but I think that the concept everyone has
sort of nodded to, and that is, we all want to do the amateur sports
facility. We've said that repeatedly. And every time that's come up,
we've said unanimously we want that, recognizing that we have to, by
supermajority vote, increase the tourist tax to make that happen. So
I think we're all on board with that.
The issue there is, how much is that going to cost? What I've
been saying, and I think the Board has agreed, is that it would be nice
not to use the entire fifth penny for bonding, that if we can bond half or
60 percent of that and have that other balance left over, then that gives
us flexibility to put more money into beaches and, perhaps, not cut
promotions as much. So I think there are a lot of issues that need to be
fleshed out.
May 23, 2017
Page 65
Also, in terms of museums, I agree with Commissioner
McDaniel; I want to keep the museums in the tourist tax category.
We can certainly move that over to the General Fund, but the
minute we do that, we're going to have to cut two-and-a-half million
dollars somewhere else. And I just don't think that that's something
that we need to go through.
I think there will be enough money there to do everything that
staff's going to suggest in terms of beach renourishment. Hopefully
there will be enough to continue a good level of promotions and to
fund the museums.
So I think that -- we obviously aren't going to make a decision
today --
CHAIRMAN TAYLOR: No.
COMMISSIONER SAUNDERS: -- but I just wanted to kind of
let you know what my thinking was as well.
I don't know if staff's prepared to have any comments on the
promotion thing. We have to be aware of the fact that the State of
Florida has cut way back on Visit Florida in terms of its ability to
advertise Florida, and so this may not be the right time to cut back too
much on advertising, but we may not have to, again, because of the
fifth penny in terms of more money at the beaches. Those are just my
thoughts.
CHAIRMAN TAYLOR: Commissioner Solis?
COMMISSIONER SOLIS: And I was just going to add as well, I
commend you as well. Kudos for the presentation. I think it was very
helpful for me.
And I, like the other commissioners, I think, am looking forward
to understanding what the numbers mean. You know, one, why the
increase in spending and the visitation plateau? I mean, you can look
at that two ways, you know, that we've had to spend that much to keep
what we have.
May 23, 2017
Page 66
So I'd look forward to understanding those numbers more. And,
also, I'd like to understand the history, and maybe this is something
that can be presented at the meeting as well. When the decisions were
made to change from 60 percent to 50 and then down to 40, I'd like to
understand that history because I, frankly, was not aware of those
changes back then or why that happened.
So I'd like to hear that -- understand that history as well, because
we could probably learn something from that.
So, yeah, I think the -- I'm in agreement. I think we need to
revisit the allocations. What the allocation ultimately is, I think, is
based on the numbers that we get and what we hear at the next
meeting.
COMMISSIONER McDANIEL: One little statement.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: Just one little statement, and
that is, you know -- and I agree as well. Oftentimes your advertising --
you know, your numbers roll in after your advertising expense is
already put out. As well, the population numbers oftentimes lag from
an advertising standpoint, so that could be why there isn't that large of
a change.
And the other thing I just want to remind everybody is last week
at the Southwest Florida Regional Planning Council we had our first
little get-together of elected officials up and down the west coast. And
there was a consensus, and we are going to move forward with a
consortium of elected officials to discuss our mutual needs for beach
renourishment.
We all live -- all the way up to Sarasota, we all live on the Gulf of
Mexico, all the municipalities have similar needs with regard to their
beach renourishment and how they go, so we're going to -- and I got a
lot of positive response, both from South Florida Water Management
and FDEP with that initiative. So there's more information to come
May 23, 2017
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with regard to how we're doing what we're doing.
CHAIRMAN TAYLOR: Thank you.
Mr. Ochs, would staff like to speak to this on any level?
MR. OCHS: Well, we can speak in great detail into this and look
forward to that, as a matter of fact.
CHAIRMAN TAYLOR: On the 13th.
MR. OCHS: The question is, when do you want to do it? Do you
want to do it twice, or do you want to do it once? We're prepared.
CHAIRMAN TAYLOR: Well, Commissioner Fiala's not here. I
don't know if there's any -- you know my concern of course, and that's
not something -- you know, it was never my intention to make a
motion to move on this. It was my intention to make it clear what our
position is as a consensus of -- as commissioners. Number one, the
beaches are number one and, number two, if there was interest in
pursuing or bringing the Penny Plan forward.
MR. OCHS: Well, ma'am, if I might, that's two different
questions. We understand as a staff that you all would like more
money to prepare for bigger beaches, but that's different than
approving your plan, because if you're going to approve that today,
we've got a lot to talk about.
CHAIRMAN TAYLOR: No, no. No, no. Not approve it.
Moving it forward so it would be part of a discussion; not at all
approving it.
COMMISSIONER McDANIEL: And I don't mean to interrupt,
but I think you heard us discussing that there are deviations from the
Penny Plan as presented --
MR. OCHS: Yes, sir.
COMMISSIONER McDANIEL: -- that some of us would like to
see and not. We have a meeting scheduled with the TDC coming up.
MR. OCHS: Yeah. It's part of your agenda on the June 13th
meeting.
May 23, 2017
Page 68
As a staff, we'd prefer to maybe present to both groups at once.
That might be more productive and efficient, but we'll do whatever the
Board wants. We're prepared this morning to get into any level of
detail you'd like.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: Yeah. Just echoing what
Commissioner McDaniel said, the Penny Plan, in terms of the
philosophy, we all agree with. We've said that many times. We want
to put more money into beaches.
Where I don't want to move forward with staff -- to staff with an
understanding that the Penny Plan is something we're moving forward
with because there are aspects of it that just need to be fleshed out. For
example, the issue of museums is number one; number two, you know,
how much money really is needed for beaches to go to that higher level
of protection? And how much money do we really need for
advertising?
Now, you know, we've seen a plateau in the number of tourists
that we've seen, perhaps, an increase in the amount of money going
into advertising tourism. That may be, as Commissioner McDaniel
said, something that we need to really focus, perhaps, even more
money on.
So we just need to get that fleshed out without having a specific
plan going forward in terms of some of the issues you raised. But we
all agree with the philosophy behind it. We want more money in
beaches.
CHAIRMAN TAYLOR: And that's -- I think that's what I think
the public needs to hear, I really do, and thank you very much. But I
think that's what we needed here. So do we have any speakers, Mr.
Miller?
MR. MILLER: No, ma'am.
CHAIRMAN TAYLOR: All right.
May 23, 2017
Page 69
MR. OCHS: So we look forward to getting into some detail on
the 13th.
CHAIRMAN TAYLOR: Thank you very much.
MR. OCHS: You'll also have your report on the amateur sports
complex just before your sitdown with the TDC, so I think that will all
come together hopefully in a nice package.
CHAIRMAN TAYLOR: Wonderful. Thank you.
MR. OCHS: Thank you.
Item #11A
RECOMMENDATION TO AWARD BID #17-7056, “IMPERIAL
GOLF COURSE BOULEVARD WATER MAIN REPLACEMENT,”
PROJECT NUMBER 70134, TO QUALITY ENTERPRISES USA,
INC., IN THE AMOUNT OF $1,124,529.90, AND AUTHORIZE
THE NECESSARY BUDGET AMENDMENT – APPROVED
Commissioners, that takes us to Item 11A this morning. This is a
recommendation to award a competitive sealed bid to the -- for the
Imperial Golf Course Boulevard water main replacement project, and
that award is recommended to Quality Enterprises USA in the amount
of $1,124,529.90.
Mr. Chmelik, your Public Utilities Engineering and Project
Management Division Director, is prepared to make a presentation or
respond to questions from the Board.
CHAIRMAN TAYLOR: Any questions?
(No response.)
CHAIRMAN TAYLOR: Do we need a presentation?
(No response.)
CHAIRMAN TAYLOR: Do I hear a motion?
COMMISSIONER SAUNDERS: I'll move to approve.
May 23, 2017
Page 70
COMMISSIONER McDANIEL: I'll second.
CHAIRMAN TAYLOR: Motion on the floor to approve and a
second. All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: Thank you very much.
COMMISSIONER McDANIEL: That was a wonderful
presentation.
MR. CHMELIK: Thank you, Commissioners.
MR. OCHS: Thank you, Tom. Very good, Tom.
Item #11B
RECOMMENDATION TO ACCEPT A MULTI-WAY STOP
WARRANT STUDY AND APPROVE THE INSTALLATION AND
OPERATION OF A 4-WAY STOP CONTROL AT THE
INTERSECTION OF ST. ANDREWS BOULEVARD AND
WARREN STREET AT A COST OF APPROXIMATELY $3,100
Commissioners, these next two items, 11B and 11C, are not
companion items; you vote on them separately, but they are related.
And you had asked the staff to -- when we did come back with specific
recommendations, to give you an idea more comprehensively of the
program that we put together with Commissioner Fiala's leadership
and the leadership of the neighborhood out there on and along St.
Andrews Boulevard.
So I would ask Jay Ahmad to go through that presentation, and
May 23, 2017
Page 71
then we'll come back individually to each of these items for a board
vote.
Jay?
MR. AHMAD: Good morning, Madam Chair, Commissioners.
I'm Jay Ahmad, for the record.
Thank you, County Manager.
We do have two items on the agenda and a presentation in
response to public petition that was presented to you on May 9th.
Just to get you oriented with this project, or this area, Rattlesnake
Hammock is just on the top of the page, Santa Barbara just comes
down, and the area in question, of course, is St. Andrews. St. Andrews
is -- it goes in a southwesterly direction and intersects with U.S. 41.
This is Wildflower, and you'll be hearing about Wildflower Way
and Warren Street in my presentation.
Of course, the Board approved a multi-way stop sign at the
intersection of Wildflower and St. Andrews a couple weeks -- a couple
meetings ago, and today we are asking for approval of a multi-way
stop sign at Warren Street and St. Andrews.
And we're also asking for a reduction in speed limit on St.
Andrews for the entire length of it as well as a reduction of speed limit
from 30 miles an hour to 25 miles an hour on Augusta Boulevard,
which intersects Rattlesnake to Forest Hill. Forest Hill is this roadway.
The request is for an engineering study to support speed limit
reduction from 30 miles an hour to 25 miles an hour on both St.
Andrews and Augusta.
You've heard from the petitioner that there's an increase in traffic
on St. Andrews. Again, this is a larger map and a box in blue we had
here; St. Andrews is this roadway. You've heard that there's been an
increase in traffic on St. Andrews and other related roadways.
We have been studying this for roughly about 12 years, and every
year we count traffic. We have shown increase in traffic on the north
May 23, 2017
Page 72
section of St. Andrews. We have actually seen an increase in traffic on
all roads.
But, you know, when we had Santa Barbara Boulevard extension
comes directly across, we promised these folks we're going to be
looking at this area pretty closely, and we have been doing this almost
yearly.
The increase in traffic that was -- when we planned Santa Barbara
is -- was feared that some people will come down Santa Barbara and
would continue all the way to U.S. 41.
The studies that we have been doing almost yearly showed, yes,
there's almost a doubling of traffic on St. Andrews on the north of
Wildflower but, in fact, that traffic does not continue all the way down
to U.S. 41. The traffic counts near U.S. 41 remain pretty much steady.
There is an increase but not significant.
And one would question why the doubling of traffic here? And
this slide and the next slide can go through this. In the box in blue,
back in 2007, there were approximately 7,000 units approved, both
multifamily and residential. And I'm going to advance in the same box
in 2017, almost 4,000 more units in this area of blue, as you see.
Almost a city was built, Lely Resort, to the east, and you could
see -- I'm just going to advance back. You could see where -- these
homes, the 4,000 that I'm talking about. There's been, you know, of
course, Treviso Bay and the Isles in this area; also contributed to this.
In my past life with projecting traffic, I would say, this, kind of,
4,000 units would have added 20- to 30,000 cars. And, yes, that's why
you see increases on these roadways. These -- the increase on St.
Andrews, frankly, people are using this roadway to go home, to go to
their development, to access, of course, St. Andrews itself, to also go
to Naples Manor, which also intersects through Warren Street.
As I mentioned, we've been doing studies and efforts with the
community for close to since Santa Barbara, frankly, been opened.
May 23, 2017
Page 73
And some of the solutions we've had implemented or been working on
with the community, the roadway was a four-lane roadway a while
back, and some of you may remember this. We shrunk it to two lanes
and bike lane on each side, and there's a gore area separating the bike
lane from the through lanes.
We've -- I know Commissioner Saunders asked why can't we
implement some speed tables or some speed humps. Actually, we've
had 12/12 (sic) speed humps on this roadway already.
COMMISSIONER McDANIEL: There are, yeah. I was just
going to say.
MR. AHMAD: There are quite a few speed humps. It's probably
one of the most speed-humped roadways in the county.
There have been a lot of complaints about, is the speed hump too
high or too low? And we have been verifying that almost -- we've
actually changed the height of them to standards when we resurfaced
the roadway about three, four years ago.
So the speed humps, we just measured them again, they're
actually, minimum, three-and-a-half inches, which is a standard design
for speed humps.
The neighborhood said we have a lot of trucks in the
neighborhood, and we've implemented no through trucks over a ton. If
a truck is serving the community, we -- of course, that is allowed. But
a through truck, throughout the whole area -- we've had over a dozen
or more signs restricting truck traffic.
Signal timing, a lot of people expressed to us through the years as
you come down south on Santa Barbara, there's a whole platoon of
traffic, cars, anything down at them. We have, actually, the lowest
timing going southbound in the county at this intersection, 12 seconds,
which allows approximately four cars in the platoon. Some people
start running yellow lights, and the red light as a result, but we have
been watching it. So it is actually 12 seconds going southbound.
May 23, 2017
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We've done speed studies on St. Andrews, several of them. Our
speed studies kind of demonstrated that the speed hump's actually
effective. Around 30 miles an hour is what we found the measurement
of the 85th percentile speed, which is 85 percent of the drivers driving
at 30 miles an hour or about or lower.
So, yes, there are people who are driving 50, we found, or 45,
those 15 percent outliers. Yeah, we have counted them as well.
Again, I mentioned speed studies, and we kind of agree with the
residents that the traffic have increased on this roadway, no question
about it. We've been reviewing crashes. We had an unfortunate fatality
on the roadway not long ago, and the folks who live on the roadway
became very concerned. We reviewed that crash with the Sheriff's
Department, the -- it's a driver's error as stands today. The driver just
left the roadway, struck a pedestrian on the sidewalk. It's very
unfortunate.
We've discussed roundabouts with the community and at the
intersections that we are recommending stop signs. And we haven't
implemented that. Obviously, the cost of roundabout is -- it would
have to be creating a project.
We added multi-way stop signs, and today we're here, again. We
added one on Wildflower, and today we're adding one on Warren
Street at St. Andrews.
Some of the folks asked us for pavement marking modifications.
As I mentioned, we had reduced the lanes and we created that gore
area between bike -- the bike lane and the through traffic.
The sheriff has been very helpful with us. We've had speed
enforcement, extensive speed enforcement on St. Andrews. As a
matter of fact, I drove a couple weeks, and they had the motorcycle
right in the median. They have been enforcing the speed.
What I've been hearing is most of these people getting tickets are
the residents of St. Andrews, frankly, and Augusta, and some, of
May 23, 2017
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course, from Naples Manor.
So Commissioner Fiala, on April 26th, assembled a team of
neighborhood leaders, the community leaders, and our County
Manager and Deputy County Manager was in attendance, myself and
staff, and the Sheriff's Office had representation. We've laid all this
thing out. And, you know, we discussed what can we do and some of
the items that were presented in the petitioner's request last board
meeting, or when she presented it.
Here's the items that we said we can do. Again, we are reducing
the speed limit from 30 miles an hour to 25 miles an hour. It is on your
board agenda, 11C or 11B. We are installing -- the residents asked, if
there is some signing as you come down Santa Barbara at Rattlesnake
that would -- instead of those folks from Lely Resort would come
down, travel to Wildflower Way, there's some signing. We are in the
process of adding that sign.
We, today, again, as I mentioned, are asking for multiway stop
signs control at Warren Street. They asked us for delineations. There's
some people who are passing on the right during that April 26th
meeting. Some people passing on the right at the stop signs or those
locations where we're having.
So we're going to have, as a first interim solution, some
delineators that -- and I'll show you some pictures of what it would
look like. That would restrict that movement. You can't -- unless you
go over those delineators. Again, those delineators on Wildflower and
Warren Street.
They asked us if the stop signs could have some kind of positive
flashing, or there are technology out there -- there is a technology out
there that has those flashers on the stop sign.
So we agreed that we will add those flashers on those three
intersections. One at Wildflower Way with St. Andrews and Warren
Street intersection and on Augusta approaching Forest Hill.
May 23, 2017
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They said the bike lane pavement marking -- they were concerned
that they're fading, so we're actually going to re-stripe the entire St.
Andrews for not just the bike lanes, but also the lane lines, and it's in
the process. The work order is out there.
The sheriff accepted their request for selective enforcement. So
the leadership we're asking of -- the community asked for that, and the
Sheriff was at the meeting and accepted that, and they'll do that
periodically.
This is what the sign I mentioned going south on Santa Barbara
would look like. We'd basically hopefully take some of that traffic
that's going straight down accessing their homes to Wildflower
through -- to take it down left and access Grand Lely Resort, which
leads also to their homes.
The flashing stop sign looks like this. There's dots, LED dots on
them. They'll flash -- It gives better visibility of the stop signs.
These are the delineators. They are not the prettiest thing in the
world, but they are hopefully temporary because we have the slide
after with -- with these delineators, basically, there's a temporary
curbing kind of -- and these delineators will sit on top of them. I
certainly don't want to see them throughout the county. They are not
the most aesthetically pleasing item that -- you know, this stuff you see
in New York City or Miami or places like that.
COMMISSIONER SOLIS: They get your attention.
COMMISSIONER McDANIEL: I was going to say, if we could
get the kind where little spikes pop up when someone does it, then
they're sitting there, and we know who the offenders are. No, that's not
--
MR. AHMAD: Is that the recommendation?
COMMISSIONER McDANIEL: No, no, no. Okay.
MR. AHMAD: Okay. The last thing we agreed is to create a
project and fund it in FY'18. Instead of having these delineators --
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actually, I'm going to show this slide. This is, today, how the -- this is
Wildflower and St. Andrews. As I mentioned, it's only one lane in
each direction. There's a bike strip, the separator and paint and, of
course, you get into the bike lane in both directions.
So the width is pretty wide. It's around 22 to 23 feet. So what
we're talking about is essentially taking this curb and bringing it closer
so you don't have the ability to pass on the right, and this is kind of a
sketch of what we're talking about. The curb would narrow or nick
down the intersection and the lanes so nobody can -- with this wide
pavement, nobody can pass on the right.
This is, again, a project. We're going to do this at Wildflower
Way, we committed, and also at Warren Street.
And in addition, there will be improved pedestrian crossings, like
crosswalks and handicap ramps and so forth.
I mentioned the project will be funded with our FY'18 budget,
and we're going to hold a public information meeting discussing this
with the residents. Some of them are seasonal residents, so we plan to
do it in January, and hopefully we'll be in design in a short time -- this
is not a very complicated project -- and constructed in the fall.
And this concludes my presentation. I'll be happy to answer any
questions.
COMMISSIONER McDANIEL: Are we allowed to make a
motion on behalf of Commissioner Fiala?
CHAIRMAN TAYLOR: We're allowed to make a motion.
MR. OCHS: Madam Chair, if we could take 11B first, that would
be the recommendation to accept the multi-way stop warrant study and
approve the installation and operation of four-way stop control at the
intersection of St. Andrews Boulevard and Warren Street.
CHAIRMAN TAYLOR: Do I hear a motion?
COMMISSIONER SOLIS: So moved.
COMMISSIONER McDANIEL: Second.
May 23, 2017
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CHAIRMAN TAYLOR: Just a point of discussion. Just -- I'm
really impressed that the neighborhood wants this. I mean, this is truly
a wonderful way to proceed forward working together to try to solve
the problem. So, really, hats off to the neighborhood for getting
involved to this degree and for staff working with them.
MR. AHMAD: And to Commissioner Fiala. Frankly, she has led
this effort through multi meetings. And that April 26th meeting is --
she assembled the leadership team with the community. Does
everybody agree with this? Obviously, we're still receiving multi
emails, you know, in the neighborhood, but the majority of the folks, I
think they would be happy with these recommendations.
CHAIRMAN TAYLOR: Good. Thank you, Commissioner
Fiala.
All right. So there's a motion on the floor and a second. All those
in favor, say aye.
COMMISSIONER McDANIEL: 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,
Commissioners.
Item #11C
RESOLUTION 2017-99: RECOMMENDATION TO AMEND
EXHIBIT “A” TO RESOLUTION NO. 2013-239, THE LIST OF
SPEED LIMITS ON COUNTY MAINTAINED ROADS, TO
REFLECT A REDUCTION OF THE SPEED LIMIT ON ST
ANDREWS BOULEVARD AND AUGUSTA BOULEVARD,
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FROM THIRTY (30) MILES PER HOUR TO TWENTY-FIVE (25)
MILES PER HOUR AND AUTHORIZE ANY NECESSARY
BUDGET AMENDMENT TO FUND THIS AND OTHER SAFETY
RELATED COSTS WITHIN PROJECT NO. 60213 – ADOPTED
Item 11C, then, would be the recommendation to reduce the
speed limit on St. Andrews Boulevard and Augusta Boulevard from 30
miles per hour to 25 miles per hour.
COMMISSIONER McDANIEL: So moved.
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: Okay. I failed to ask before, but I
think, Mr. Miller, you would have asked me. No speakers, is that
correct?
MR. MILLER: No.
CHAIRMAN TAYLOR: All right. We have a motion on the
floor and a second. Any discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Great. Thank
you.
Item #11D
RECOMMENDATION TO CONSIDER THE OFFER FROM
WINCHESTER LAKES CORPORATION AND FRANCIS AND
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Page 80
MARY HUSSEY TO ENTER INTO A PUBLIC PRIVATE
PARTNERSHIP WITH THE COUNTY AND ULTIMATELY
TRANSFER TITLE TO THE COUNTY FOR PROPERTY
LOCATED IN SECTIONS 29 AND 32, TOWNSHIP 49S, RANGE
27E – MOTION TO APPROVE STAFF’S RECOMMENDATIONS
WITH THE ADDITION OF A SECOND APPRAISAL –
APPROVED
MR. OCHS: Item 11D is a recommendation to consider the offer
from Winchester Lakes Corporation and Francis and Mary Hussey to
enter into a public/private partnership with the county that would
ultimately transfer title of that property to the county.
Ms. Toni Mott, your Manager for Real Estate Services, will make
the presentation to the Board.
MS. MOTT: Good morning. For the record, Toni Mott, Real
Property Management. Thank you, Commissioners, for allowing us to
bring this item before you today.
As directed by the County Manager's Office, the offer is being
presented for board consideration.
The location map identifies where the property is located. Our
next map shows the breakdown between the sending lands and the
receiving lands, and our last slide is the recommendation to direct the
County Manager or his designee to evaluate the public/private
partnership proposal and to obtain a single appraisal and to authorize
due diligence expenditures not to exceed $50,000, and bring back the
evaluation with recommendations.
CHAIRMAN TAYLOR: Thank you.
Any questions? Commissioner McDaniel?
COMMISSIONER McDANIEL: I'd like a further definition of a
public/private partnership. What's your feelings there? I mean, I don't
want to lead you. Just --
May 23, 2017
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CHAIRMAN TAYLOR: That would be the County Manager.
COMMISSIONER McDANIEL: That's who I was looking at.
MR. OCHS: Okay. The public/private partnership that has been
suggested involves some potential mining in the receiving lands where
there would be a negotiated arrangement where the county may receive
the benefit of royalties from that and use that as well as the value of the
TDRs and the sending lands to offset the ultimate price of the property.
I know Commissioner -- if we use that approach, ultimately, after
the due diligence, we're pleased that we have, essentially, a
subject-matter expert sitting up on the dais that could certainly help the
staff evaluate that particular private/public proposal as opposed to an
outright purchase, which is the other option that's been offered.
Although we haven't been given an actual sales price at this point.
COMMISSIONER McDANIEL: And maybe it's just a matter of
semantics. In my mind, it was just a straight offer to purchase, or sale,
and then we utilize the property if, in fact, mining is a portion of that,
that we utilize those revenues.
I didn't understand the rationale between -- unless we have to do a
public/private partnership, can't we just be an owner and a lessor?
MR. KLATZKOW: You can do anything you want to do, sir.
COMMISSIONER McDANIEL: Oh, I'll remember that.
MR. CASALANGUIDA: Cost component, sir. I think if we
were to -- I'm going to throw numbers that aren't on the table. But let's
say he said, I want a hundred million dollars for a straight purchase,
but if you give me three million down to hold the property as a future
purchase and let me mine the rock and you get a discount for the rock,
and after a period of time you identify where that lake rock bed would
be and what you get back, at the end of that mining period, the transfer
would go back to the county, and it would be a nominal cost because
the value of that rock excavation would be considered.
COMMISSIONER McDANIEL: So it's the semantics of the
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transaction is what you're talking about?
MR. CASALANGUIDA: Yes, sir.
MR. OCHS: Essentially.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: I know we have some -- I'm
sure we have some speakers on this, but a quick question. As the
property sits right now, is it available for rock mining, or is that a
permitted use, or is that --
MR. KLATZKOW: Conditional.
COMMISSIONER SAUNDERS: Is that conditional?
MR. KLATZKOW: You would have to come to this board.
COMMISSIONER SAUNDERS: Okay.
CHAIRMAN TAYLOR: And what about the ability to do it in
terms of roads?
MR. CASALANGUIDA: There's an existing pit to the northeast
of that. It's barely shown on your green. And to the east of that is
Vulcan Materials that is in the process of getting a permit to come
down Wilson/Benfield Road to the east of that yellow line. And it is
high-quality aggregate in that area. Our former county engineer has
worked and studied that. There is going to be a deficit of rock in
Collier County way past my tenure and your tenures, but it's one thing
to evaluate and consider.
CHAIRMAN TAYLOR: I'm kind of -- not confused, but I kind
of look at that because, Mr. Casalanguida, we've had conversations,
more than one occasion, to say that when you move something twice,
you lose the value in it.
So the idea that we're going to use rock for our future, where's our
future? When's it going to happen? Meanwhile, if we own the
property and we start sighting things out there, how are we going to do
that to accommodate future mining, or will it be future mining? I
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mean, there's a lot -- there's sort of devil in the details with this.
MR. CASALANGUIDA: Yeah. You wouldn't move it twice,
ma'am. That's not the intent.
CHAIRMAN TAYLOR: Okay.
MR. CASALANGUIDA: You know, I-75's been widened once
to six lanes. Eventually Alligator Alley will be widened. We've got,
you know, over a billion dollars worth of roads we have to widen in
Collier County. We try and make them cost neutral in the sense and
use aggregate from our own water pits but there's going to be a need
for aggregate down the road.
CHAIRMAN TAYLOR: Oh, no. I'm sure I-75 or whatever --
whatever happens. It's more, what do we have now that we need to put
rock into now, like, in the next two years, three years?
MR. CASALANGUIDA: You don't. You don't have anything
you need.
CHAIRMAN TAYLOR: So if we buy the property -- and this is
not pulling -- pouring water, or rock, on the concept of it -- there would
have to be an understanding that if we're going to use it, then it would
have to be mined at a specific time, which may interfere with future
development on the receiving lands, because this might become the
Central Park of Collier County.
So the mining issue is something that might be more of a
deterrent for the future, you said, this property, than an asset, except
monetarily; just a thought.
MR. CASALANGUIDA: And that's part of that due diligence.
MR. OCHS: That's why we could --
CHAIRMAN TAYLOR: Why do we have a single appraisal?
MR. CASALANGUIDA: I suggested a single appraisal because
they're expensive, about 13,000 apiece; that if you had an appetite after
you saw the single appraisal and you said, okay, the number's
reasonable, let's go forward, you'd get the second appraisal.
May 23, 2017
Page 84
CHAIRMAN TAYLOR: How do we know it's reasonable --
COMMISSIONER McDANIEL: I'll let you know.
CHAIRMAN TAYLOR: -- if we don't have more than one
appraisal? Well, you're in the business. You don't count.
COMMISSIONER McDANIEL: Agreed. No, I don't count.
And if I might, since my light's on, and I just would like to answer a
question that you had.
CHAIRMAN TAYLOR: Yeah.
COMMISSIONER McDANIEL: This isn't -- our staff's been
very diligent about sharing with us the potential -- our potential uses
and needs for the aggregate material. The State of Florida -- the
Department of Transportation and the State of Florida consumes 140
million tons of aggregate on an annual basis.
CHAIRMAN TAYLOR: No question there's a need.
COMMISSIONER McDANIEL: And that's not a -- that is not a
largely known number that is out there. So I just wanted to say that,
because you were asking very specifically about what our particular
needs are for our municipality, but that is a number that the State -- the
DOT does.
CHAIRMAN TAYLOR: No. No question there's a need with
the growth we're having in Florida; no question.
All right. All right. Thank you.
Mr. Miller, can we go to our speakers, please.
MR. MILLER: Your first speaker is Nancy Payton. She will be
followed by Meredith Barnard.
MS. PAYTON: Good morning. Nancy Payton representing the
Florida Wildlife Federation.
Last week the Florida Wildlife Federation, knowing that there is a
willing seller of the Triple H Ranch, nominated it to Conservation
Collier for the acquisition and protection of the 110 acres with no
exceptional benefits clause.
May 23, 2017
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COMMISSIONER McDANIEL: Say that again.
MS. PAYTON: No exceptional benefit clause or invoking of the
exceptional benefits clause under Conservation Collier, which allows
the county to override the conservation values for something that they
deem is of exceptional value which, in this case, probably is rock
mining.
COMMISSIONER McDANIEL: Rock mining, TDRs, road
right-of-way.
MR. OCHS: Roads, recreation.
MS. PAYTON: TDRs is okay.
COMMISSIONER McDANIEL: So basically have us -- have the
county buy it with Conservation Collier money and no additional
public benefit then associated?
MS. PAYTON: No. Let me finish my testimony --
COMMISSIONER McDANIEL: Okay.
MS. PAYTON: -- because there is opportunity.
Conservation Collier purchase policy requires two appraisals, so
we request that two appraisals be pursued by the county rather than
one, so that if the county commissioners agree to proceed with
evaluating for Conservation Collier, you'll have those appraisals.
Also we request that you consider when you discuss Conservation
Collier that there are mitigation opportunities. There are going to be
wetland and wildlife impacts associated with your various
infrastructure projects, and the mitigation ought to be done in Collier
County, not going to Hendry County or beyond to fulfill those
obligations. County ought to benefit from that, and a structured
Conservation Collier purchase could do that.
Also there are issues about diverting water from the Golden Gate
Canal and rehydrating North Belle Meade. This is another
opportunity, another area that can be rehydrated with water from the
Golden Gate Canal.
May 23, 2017
Page 86
Lastly, there could be tremendous recreational opportunities,
close-in recreational opportunities for people in the Estates -- and we're
not talking about ATV parks -- and also in the urban area. There are
plenty of opportunities that can be provided by natural lands. There's a
growing interest in hiking and birding and nature watching. So there
are good things that could happen with a county purchase and
protection of the Triple H Ranch.
COMMISSIONER McDANIEL: I apologize for interrupting
you.
MS. PAYTON: That's all right. Well, I was ready for you.
COMMISSIONER McDANIEL: Yes, you were.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: I may have misheard. You said
something about 110 acres?
MS. PAYTON: Oh, I'm sorry; 1,010 acres. Thank you for --
COMMISSIONER SAUNDERS: You're talking about the entire
parcel?
MS. PAYTON: The entire ranch. Thank you for catching me on
that. Thank you.
MR. MILLER: Your next speaker is Meredith Barnard. She'll be
followed by Brad Cornell.
MS. BARNARD: Good morning. Meredith Barnard on behalf of
the Conservancy of Southwest Florida.
The good news today is that the owners of Triple H Ranch want
to sell their property to the county, and even better news is that such an
acquisition, if made for conservation purposes, would offer a fantastic
opportunity for the county to acquire over a thousand acres in the
North Belle Meade area, which the owner has even acknowledged
contain a vast amount of ecological value.
The proposed offer from the landowners, though, is really far
from ideal. So what is a better alternative? Well, you just heard it
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from the Florida Wildlife Federation. It's a great alternative that
purchases the Triple H Ranch for conservation in its entirety through
the Conservation Collier program.
So why conserve the whole property? Well, North Belle Meade,
as you know, is largely undeveloped, includes substantial forested
areas and wetlands, which I have a map to show you that the majority
of the property is covered in sensitive wetland habitats.
It also provides valuable habitat for wildlife, specifically access
foraging and nesting habitat for the endangered red-cockaded
woodpecker, which you can see historic colonies there in the area and
surrounding area showing that it is a important area for this species
and, lastly, the ranch is situated entirely within primary panther habit.
You can see the telemetry and GPS points that indicate individual
panthers.
And the crosshatch, which is hard to see but covers the majority
of the property as well, is the adult breeding area.
So then why not mining and active recreation on the other
two-thirds of the site? Well, from an ecological perspective, I could
just repeat everything I just said about the ecological value of the land,
but the Conservancy also believes that there's a practical side the
county should consider. For example, is it appropriate or even wise for
the county to enter into a public/private partnership that obligates you
to be in the business of rock mining?
You'd be responsible for time-consuming, costly, and an
uncertain process in terms of obtaining the permits for such an
operation. It would be time consuming because of the ecological
resources of the property. It would be costly not just because of the
general cost related to obtaining permits for an area in such an
ecologically sensitive area, but also the mine could trigger an EIS, an
Environmental Impact Statement, to be done by the Army Corps for
the surrounding mines in the area.
May 23, 2017
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And the EIS would evaluate all the cumulative impacts from the
mines within the North Belle Meade. And if the Corps does do an EIS,
they would charge the applicant for it.
So the county would be charged with that, and they're expensive.
They're not cheap. It would be uncertain because, after all that, your
permit may not -- may even be denied. So permitting and owning a
rock mine on Triple H Ranch is not a good deal for the county.
You're being presented today with two proposed courses of action
for this property, and the Conservancy requests that you consider
Triple H Ranch for acquisition in its entirety through the Conversation
Collier program. These are environmentally sensitive lands, and
conserving them in perpetuity is important. You maybe even could
consider this the Edison Farms of Collier County here. There are still
outstanding questions --
CHAIRMAN TAYLOR: That's it.
Yeah. Commissioner McDaniel? No?
Okay. I'm sorry.
MS. BARNARD: Thank you.
CHAIRMAN TAYLOR: Your time is up. Thank you.
MR. MILLER: Your final speaker on this item is Brad Cornell.
MR. CORNELL: Good morning, Commissioners. I'm Brad
Cornell. I'm here on behalf of Audubon of the Western Everglades.
Appreciate the opportunity to speak to you today.
This was a surprise to us to see the item show up on the agenda.
We've taken a good, close look at it and, frankly, I think what you've
just heard from Nancy Payton and Meredith Barnard is probably one
of our best options to look at is for the county to own it, which was
part of the proposed partnership, but to own the entire thing without
the mining lake in the middle of it.
So we're supportive of that consideration. We had a lot of
questions about the partnership because it just wasn't fleshed out
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clearly for us. We just -- I mean, we understood that there was mining,
there was transfer of ownership, and there were these various facets of
how that would work; not at all clear to us.
What is clear to us is the value of this ranch. And I think the
Husseys acknowledged that. I think that we all recognize that.
Certainly, the county has recognized that over the years. And we want
to encourage you to consider moving in that direction of purchase for
conservation value. In the parallel process of consideration in the rural
fringe mixed-use district where you had a workshop just recently, you
recognized that there is a real need to consolidate ownership of
conservation lots in the sending areas.
It's a hinderance right now to have this checkerboard of mixed
ownership and inability to manage those for fire, for hydrologic
restoration, for the conservation values of habitat. Having this in
county ownership through whatever means -- and Conservation Collier
seems like a very logical one -- that solves a lot of problems in these
sending areas in the need to consolidate that ownership. So we urge
you to consider that value very strongly. Thank you.
CHAIRMAN TAYLOR: Thank you. Is that it, Mr. Miller?
MR. MILLER: That concludes our speakers.
CHAIRMAN TAYLOR: All right. Thank you.
All right. Commissioner McDaniel?
COMMISSIONER McDANIEL: Well, I kind of feel like I'm at
an AA meeting. I am a miner. I want to say that out loud.
COMMISSIONER SAUNDERS: Are you a recovering miner or
--
COMMISSIONER McDANIEL: Yes, well, kind of.
CHAIRMAN TAYLOR: No, he's not recovering. He's a miner.
COMMISSIONER McDANIEL: He's not recovering. He is a
miner; he has been one for quite some time. And there is -- there is a
lot of economic viability in utilizing that -- am I getting the beeper? I
May 23, 2017
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thought I was allowed to talk.
There is a lot of economic viability in utilizing that as a portion of
this tract. There is 1,200 acres or so to the north of this tract that's
already permitted by Vulcan to be a rock quarry per se, an extension of
where APAC and such are operating on Mr. Brown's piece to the north
of this.
There is right-of-way acquisition that comes along with this. I
remember we were tied up for quite some time with the ultimate
extension of Wilson Boulevard in some form or fashion that comes
down through there. And Dr. Hussey, as you can tell, owns,
effectively, two miles of that road right-of-way along the way.
So I would like to say, for purposes of discussion, I wanted some
clarity on the public/private partnership aspect. I think it would be
prudent for us to move this forward in some form or fashion. And I'd
like to make a motion for approval of such and see -- as we've said
multiple times, the devil's in the details, and we'll get to the ultimate
analysis as to whether it makes sense for us to acquire or not.
CHAIRMAN TAYLOR: There's a motion on the floor. Do I
have a second?
COMMISSIONER SAUNDERS: Madam Chair, on the motion,
before you call for a second --
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SAUNDERS: -- because I may ask the maker
of the motion to consider some additional language to it.
I don't know anything about this particular piece of property other
than what was discussed here by some folks that have looked at it, I
assume, over some significant period of time.
I would like to have the two appraisals done, as opposed to the
one, so this could be positioned for a potential Conservation Collier
acquisition, if we deem that to be appropriate. And I believe the
committee has passed that on with that recommendation.
May 23, 2017
Page 91
So it's been viewed by the Conservation Collier Advisory Group
or not? Then you need to have that reviewed so that we can make
some final decision down the road here. But I'd like to see the analysis
done; that we have two paths we can go down. One would be the
Conservation Collier acquisition, get the two appraisals so it's
positioned for that, and then in terms of the public/private partnership,
I agree that that would need to be fleshed out quite a bit.
So if you would be willing to amend the motion to reflect that
we'll take a look at the public/private partnership but, in addition, the
two appraisals to see if we can move this forward with Conservation
Collier as a possible alternative as well.
COMMISSIONER McDANIEL: Might I ask a question? And
it's a -- just a matter of semantics. I don't -- I'm not about going out
and spending a lot of money while we're in the exploratory process.
And if we get an appraisal done, that will ascertain a value from one
appraiser. And then, should it become warranted through the balance
of the exploration with regard to the public/private partnership sale,
lease back, however we end up managing it, we can always go get a
second appraisal before we go -- rather than jumping right now and
spending money on an additional appraisal, it's an extra -- it's not a
significant amount, but we can get a decent idea as to what the market
value is of -- the market value is of the site.
COMMISSIONER SAUNDERS: The problem with just one
appraisal, and Commissioner Taylor pointed this out, and I think it's
fairly accurate, that you get one appraisal, you don't know if it's a high,
low, middle appraisal; you just really don't know where to go with that
other than to go get additional appraisal work.
COMMISSIONER McDANIEL: I could pretty much tell you
I've been all over this site. I've been in the real estate business for 30
years, in the mining business for 20, I can give you -- I can give you a
really good valuation almost today.
May 23, 2017
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So, I mean, if you want to do two appraisals and you want me to
amend my motion to that effect, is there -- is the money spent for
acquisitions by Conservation Collier spent from the public treasury or
spent from Conservation Collier?
COMMISSIONER SAUNDERS: I think -- well, my assumption
is that everything spent on Conservation Collier acquisitions and
properties leading up to the potential acquisition would be paid for
through Conservation Collier funds. So I would assume that the
appraisal work could be paid for out of that fund.
COMMISSIONER McDANIEL: At this particular stage,
wouldn't it be prudent for us to go ahead as staff recommended, do one
appraisal now, get and ascertain the value of the site, make some
business decisions. And if, in fact, it's warranted that Conservation
Collier be the acquiring entity, let them get the second appraisal so we
can validate our purchase price and move on through the process.
CHAIRMAN TAYLOR: I think I'd prefer Commissioner
Saunders' way of getting the two appraisals at the beginning, because
that way we're set to make a decision.
COMMISSIONER McDANIEL: I don't think it's -- well, forgive
me. We're -- are we allowed to discuss? I just --
CHAIRMAN TAYLOR: We're discussing your motion.
COMMISSIONER McDANIEL: I want to stay on procedure
with Conservation Collier acquisitions, and I don't think we -- this is
not a Conservation Collier. We've had three people come up here
today and tell us that it ought to be owned by Conservation Collier.
And so -- and we weren't here today to talk about it being owned by
Conservation Collier. We were here today to -- are you okay,
Commissioner Saunders?
COMMISSIONER SAUNDERS: I'm okay, but I'm breaking all
my equipment.
COMMISSIONER McDANIEL: He knocked over his thing.
May 23, 2017
Page 93
But we were here today to talk about whether or not we move this
forward, and I don't think we ought to accelerate Conservation
Collier's involvement any more than what it ought to be, because
there's a lot of information that needs to be ascertained before I'm
going to go down that path, period.
So staff's recommended we get an appraisal that will let us
ascertain a value. I don't think we -- I think we should just follow
staff's recommendations with one appraisal. That's enough for right
now. We can always get a second if it's determined that Conservation
Collier is the acquiring entity, and we're not outside our box of
expending funds for another government-owned agency to own land.
CHAIRMAN TAYLOR: Well, there's a motion on the floor. Do
I hear a second? Are you seconding it, sir?
COMMISSIONER SOLIS: My light's on.
CHAIRMAN TAYLOR: I know, but I didn't -- okay. We'll
listen. All right. There's no second, so we'll just reserve.
COMMISSIONER SOLIS: Not yet, okay.
CHAIRMAN TAYLOR: Not yet, okay.
COMMISSIONER SOLIS: Number one, I think we should move
forward and look at what the possibilities are. I agree that -- number
one, I'd like to know -- I know Ms. Payton said that they had
nominated the -- I mean, has the property owner filed an application
with Conservation Collier? Because that's the process that -- that's the
way it works; the owner files an application.
MR. KLATZKOW: You can get all the appraisals you want. If
they don't want to sell the property to Conservation Collier, they won't.
COMMISSIONER SOLIS: Right.
MR. KLATZKOW: You may want to ask them for what their
proposed purchase price is.
COMMISSIONER SOLIS: Well, this is -- right. Number one, I
mean, if -- we're talking about Conservation Collier buying a piece of
May 23, 2017
Page 94
property. That's a willing seller program. If it hasn't been submitted to
Conservation Collier for purchase, then what are we talking about,
number one; number two, you know, I'm not a miner, but I stayed in a
Holiday Inn. And it seems to me that an appraisal would include the
value of the mining rights and the mineral rights, and that may be a
number that we just don't want to talk about.
And so, I mean, I think I'd be okay with staff's recommendation to
have one appraisal. It might just be a number that's so high that,
number one, it might not even be feasible to even consider for
Conservation Collier because the increase in millage will provide a
certain amount of revenue every year. You know, I think we might be
putting the cart before the horse. So I would -- if the motion was to go
forward with -- as what's been proposed by staff, I would second that
motion.
COMMISSIONER McDANIEL: That was the motion.
CHAIRMAN TAYLOR: Okay. Commissioner Saunders?
COMMISSIONER SAUNDERS: On the motion, I understand
the process with Conservation Collier that it's obviously a willing
seller. We never get into any type of eminent domain or anything with
Conservation Collier, but the property owner has said that -- from what
I understand from the staff report, that they're willing to do one of two
things: Sell property to the county outright, which means that they're a
willing seller, or do a partnership, which also means that they're
willing to do that.
So the property owner has already indicated they're willing to sell
the property to the county. What we're talking about now is if this
property is reasonably valued. If the seller is reasonable in what the
seller's expecting, then the next question becomes, well, how does the
county pay for it? And Conservation Collier is one mechanism that we
could use.
So I think, Commissioner Solis, in terms of the process, they
May 23, 2017
Page 95
haven't made an application for Conservation Collier, but they've
certainly told us they're a willing seller. And I don't think the seller
would mind where the money comes from, whether it's out of
Conservation Collier account or out of a General Fund, as long as the
price is right.
So all I was suggesting is let's go ahead and get it set up so that if
we do decide in 30 days or whenever this comes back that, you know,
this is a great piece of property, we should buy it with Conservation
Collier, at least we're positioned to do that. If we decide that this is a
great piece of property and we should do a public/private partnership, I
guarantee you we're going to ask for an additional appraisal because
we're not going to accept one appraisal.
So all I'm suggesting is maybe this is a way to expedite it. That's
all. And I don't think it binds us in any way to do anything with a
public/private partnership or with just an outright purchase.
I am a little reluctant for the county to be in that type of a
business, not because there's something wrong with rock mining, but I
just don't know that we should be in any kind of business.
MR. KLATZKOW: We would not be in that business. There
would be some sort of an agreement where somebody else would be in
the business.
COMMISSIONER SAUNDERS: No, I understand we'd have
somebody mining our property for us; I understand that. But we
would be in the business. I mean, if I own a piece of property and I
lease it out to somebody to do some rock mining and I'm getting
royalties back, I'm in the rock mining business, and I don't know that
we should be in that type of operation. That's just a philosophical issue
we'd have to debate down the road.
I mean, you know, for example, if we own a piece of property,
and we're getting royalties from a rock mine, and we're going to have a
major road construction project, are we going to direct the contractors
May 23, 2017
Page 96
to our property?
COMMISSIONER McDANIEL: Yes.
COMMISSIONER SAUNDERS: Well --
COMMISSIONER McDANIEL: The sole source of it. I mean,
Highlands County has a sole-source mine up on State Road 31. They
get all their aggregate materials from their own piece. And we're way
down the road on the topic of discussion that was in front of us today.
I mean, there are a lot of benefits to the ownership of this, even if
it isn't rock mining. There is housing affordability issues, there's road
right-of-way issues, there are, as already been brought to us today,
huge environmental value for the community. I don't disagree with
any of those things. I mean -- and, you know, I've been all over this
piece of property personally. There's been an inordinate amount of
clearing that's already been done in advance of the proposition when
the applicant came through, how long ago it was, eight years, 10 years
ago when they came through for their mining permits. So there's a lot
of -- there's a lot of disruption from an environmental perspective that's
already transpired.
So I think we came today to talk about -- and the staff made a
viable recommendation. I think we should follow what staff has
recommended, and then in -- and then in the advent that a partnership
does, in fact, evolve, we can always go get another appraisal, and we're
not going to delay the process at all.
CHAIRMAN TAYLOR: Well, I disagree. And I think we have
a motion on the floor and a second, but I think clearly that motion --
I'm going to use my colleague's words to my left who accurately, you
know, appraises this kind of situation. But if I can count heads, it's
going to fail.
So I think we kind of need to come to some compromise here
where I think the request is to have another appraisal.
MR. OCHS: Commissioner, if I might.
May 23, 2017
Page 97
CHAIRMAN TAYLOR: Yes.
MR. OCHS: You know, if the desire at this stage is to have two
appraisals instead of one, we could certainly do that using General
Fund dollars so it wouldn't necessarily predetermine that it's going to
be a Conservation Collier purchase, but we could get two appraisals
for you. If it turns out, ultimately, that the Board wants to purchase the
entire property under the Conservation Collier program, Conservation
Collier could obviously reimburse the General Fund at that point. That
gets you two appraisals but doesn't commit to the uses of the land at
this point.
CHAIRMAN TAYLOR: So the motion maker is indicating that
he's fine with two appraisals.
COMMISSIONER McDANIEL: You know, I -- yes.
CHAIRMAN TAYLOR: Okay, good. And we have a second.
Seconder agrees to those -- to the --
COMMISSIONER SOLIS: Yes. I mean, if --
CHAIRMAN TAYLOR: How dare you say anything else but yes
at this point?
COMMISSIONER SOLIS: Well, I just want to say why I'm
saying yes. I mean, you know, I want to put my two cents worth in,
but I should have used that when we were talking about the Penny
Plan. A whole 'nother thing.
COMMISSIONER McDANIEL: Two-penny plan.
COMMISSIONER SOLIS: No. You know, $13,000, I wouldn't
want to delay this just for staff to look at that time so -- I mean, I don't
think we need to spend it, but certainly to move it forward, I'll agree to
it as well.
CHAIRMAN TAYLOR: All right. So there's a motion on the
floor and a second to follow staff's recommendation and to include
another appraisal. All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
May 23, 2017
Page 98
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you very
much.
MS. MOTT: Thank you.
Item #12A
RECOMMENDATION TO AUTHORIZE THE COUNTY
ATTORNEY TO PURSUE AN APPEAL IN THE ELEVENTH
CIRCUIT COURT OF APPEALS IN THE LITIGATION STYLED
COLLIER COUNTY V. HOLIDAY CVS, LLC AND RTG, LLC,
AGAINST ONE PARTY, REALTY TRUST GROUP, LLC, AND TO
SETTLE THE LITIGATION WITH HOLIDAY CVS, LLC. –
MOTION TO PROCEED WITH THE APPEAL - APPROVED
MR. OCHS: Madam Chair, we move on to Item 12A, which was
previously Item 16K10 on the County Attorney's consent agenda. This
is a recommendation to authorize the County Attorney to pursue an
appeal in the 11th Circuit Court of Appeals in the litigation involving
Collier County, CVS, Realty Trust Corporation, and to settle the
litigation with Holiday CVS, LLC.
COMMISSIONER McDANIEL: Madam Chair, are we going to
work through lunch?
CHAIRMAN TAYLOR: Well, let's just --
COMMISSIONER McDANIEL: We've got the court reporter we
need to be thinking about.
CHAIRMAN TAYLOR: No, I know. That's what I was just
May 23, 2017
Page 99
thinking. At this point we have this and --
MR. OCHS: Communications.
CHAIRMAN TAYLOR: -- and, yeah, commissioner
communications. Are we okay? All right, fine. Thank you.
All right.
MR. KLATZKOW: Do you want a presentation, or do you just
want me to answer questions?
COMMISSIONER SAUNDERS: I think I need kind of a brief
presentation --
MR. KLATZKOW: Certainly.
COMMISSIONER SAUNDERS: -- if you don't mind.
MR. KLATZKOW: Certainly.
The county, a number of years ago, had an intersection widening
project on 41 and Collier Boulevard. It was phased in a series of
intersection improvements over there, as the county has grown so
much in that part of the county.
There was a condemnation proceeding on the corner where the
CVS store is, and it took a part of their parking lot away, about 10, 11
cars worth of parking.
CVS was of the stated opinion during the trial that they would
have to close their store down because this was prime parking spot,
close to the front door. And they took the position at trial and told the
jury that as of January 1st, 2015, they had made the corporate decision
to close the store. That day came and -- the jury awarded, based on
that testimony, approximately $5 million between CVS, for lost
profits, essentially, and the landlord for, essentially, lost rent.
The landlord took the position that he couldn't do anything else
with this building; it was specifically designed for CVS.
Well, January 1st, 2015, comes and they're still there. We waited
some more time until the project was completely over, and they were
still there. And as of today, they're still there.
May 23, 2017
Page 100
Went to the Board of County Commissioners, and it was the
Board's desire to see if we can take back some of that money. The
theory that we utilized was basically based on the fact that they had
gotten a windfall, so it was an unjust enrichment sort of claim,
equitable claim.
We filed suit in the local state court here, and because CVS is an
out-of-state company, as is the landlord, it was removed to federal
court in Fort Myers, and the Judge ruled that, well, the jury probably
would have considered all that anyway. They weren't going to upset
the jury verdict.
So the Judge's theory of the case was a bit different than our
theory of the case. We thought we had a separate cause of action. The
Judge viewed this as simply emanating from the old eminent domain
action.
That leaves us with either appealing the case or not appealing the
case. There's about a one-in-seven chance that if we appeal the case --
well, that's not quite fair. The 11th Circuit, which is where this case
would go, up in Atlanta, about one in seven civil appeals get reversed.
So if we figure we're about average, that's what we're looking at.
CVS is willing to give up any claims they have for attorney's fees
in exchange for our not appealing. The landlord is not willing to do
that.
Since the Judge has ruled that this case emanated out of a
condemnation case, we're now responsible for attorney's fees because,
in Florida, any litigation involving eminent domain, the property
owner is entitled to their full attorney's fees as well as expert costs.
So the thought process I had was since the majority of the award
went to the landlord anyway in lost rental and that the landlord was not
willing to give up his attorney's fees and CVS was willing to give up
the attorney fees, that we appeal this case only as to the landlord.
Should it get reversed, it would be an easier case to prove anyway.
May 23, 2017
Page 101
CVS's case is based on lost profits, and they might claim that they're
not making anywhere near as much money or whatever. The
landlord's getting rent, or he's not getting rent.
And that's what I'm asking, that the Board allow us to pursue an
appeal to the 11th Circuit on this issue.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: What are the attorney's fees for
the property owner at this point?
MR. KLATZKOW: You know, they're claiming, like, 150,000,
which I find astounding since it was just simply a motion to dismiss,
but that's the claim. We filed, they removed, they made a motion to
dismiss, the motion was granted.
COMMISSIONER SAUNDERS: Assuming that what they've
charged so far would be awarded by the Court, if we went through an
appeal and lost, what do you think the estimate of their costs would
be? And then I assume we have outside counsel on this.
MR. KLATZKOW: We have been using outside counsel. We
would probably take this in-house since all the work's been done.
Essentially the same arguments that we made on the motion to dismiss
is the appeal.
But let's just say, ballpark, it's going to run us another 25,000.
Our costs are relatively low. It's their costs that -- in my view, that are
rather high.
COMMISSIONER SAUNDERS: So the 25,000 would be your
estimate of what the opposing counsel for the property owner would
be?
MR. KLATZKOW: Oh, no. They'll claim a hundred thousand
plus.
COMMISSIONER SAUNDERS: Okay. That's what I thought.
Okay. And the -- this may not be something that you can answer --
and, obviously, we could do this in a closed session if you think that
May 23, 2017
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that would be --
MR. KLATZKOW: My problem is timing; otherwise, I would
have asked for a shade session.
COMMISSIONER SAUNDERS: What damages are we asking
for?
MR. KLATZKOW: Total, about 5 or $6 million. If it's against --
based on the landlord alone, it would be over 3 million.
COMMISSIONER SAUNDERS: Okay.
MR. KLATZKOW: But it's more than that. It's a principle here.
I mean, the one part of my job that irritates me the most is eminent
domain because -- and I'm fully appreciative of Florida's private
property rights where the property owner gets their attorney's fees and
the property owner gets their expert costs, and the property owner's
fully compensated. I'm fully appreciative of that. But because of that,
what happens is you get the most bizarre arguments being made by
property owners when you're taking a small snip of property that now
you have to defend, and they're getting experts at our cost to verify
these outlandish claims, and we wind up settling these things for far
more than what just compensation really is.
At the end of the day, the Constitution provides for just
compensation on an eminent domain, and we're paying far more than
that just based on the way the system is. And if I can't go to a court
and say, wait a second, they got 5 or $6 million telling a jury they'd
shut down and they never did, if a court's not going to hear that
argument, I don't know what else to do in eminent domain.
COMMISSIONER McDANIEL: It's just a lie.
MR. KLATZKOW: I just don't know what else to do other than
just --
COMMISSIONER SAUNDERS: I've heard people say the
highest and best use of property is eminent domain. I mean, we've just
established that.
May 23, 2017
Page 103
COMMISSIONER SOLIS: Their theory of damages in the
eminent domain case was exactly what?
MR. KLATZKOW: Lost profits.
COMMISSIONER SOLIS: Lost profits.
MR. KLATZKOW: Lost profits and lost rent.
COMMISSIONER SOLIS: Based upon them shutting down --
MR. KLATZKOW: Yes.
COMMISSIONER SOLIS: -- and losing all of the revenue
because the store was shut down.
MR. KLATZKOW: Yes.
COMMISSIONER SOLIS: So they're double dipping --
MR. KLATZKOW: Yes.
COMMISSIONER SOLIS: -- essentially. It's a huge double
dipping and --
COMMISSIONER McDANIEL: They never shut down.
CHAIRMAN TAYLOR: They never shut down.
MR. KLATZKOW: They never shut down.
(Multiple speakers speaking.)
THE COURT REPORTER: I'm sorry. I can only get one at a
time.
COMMISSIONER McDANIEL: I'm sorry. Forgive me.
MR. KLATZKOW: Look, I personally find this remarkable, but
this is just -- it is what it is, and the Judge ruled the way the Judge
ruled, and the Judge ruled that, well, they're not going to disturb a jury
verdict.
COMMISSIONER McDANIEL: If we went back before a jury
verdict -- or back before a jury and the truth was then told...
MR. KLATZKOW: Commissioner, I found the whole thing -- I
found it offensive at the time we were trying the case; I find it
offensive now. But I don't know what to tell you. My offense is
costing the county a lot of money here.
May 23, 2017
Page 104
COMMISSIONER SAUNDERS: Can I ask a question just
before the motion is -- I'm probably going to support the motion, but I
want to -- we're leaving CVS out of this.
MR. KLATZKOW: Yes. I'm trying to limit the damage as far as
attorney's fees go.
COMMISSIONER SAUNDERS: So who said that they were
going to close down? Was it CVS? Because that's the offer.
MR. KLATZKOW: CVS said, we're closing down.
COMMISSIONER SAUNDERS: Now, you leave them out of
the litigation --
MR. KLATZKOW: I'm just asking for the fact that the landlord's
double dipping. It's unjust enrichment.
COMMISSIONER SOLIS: But CVS is double dipping as well.
MR. KLATZKOW: Yes. Look, I could bring the case against
both of them, and that's fine, but I'm now looking at attorney fees
probably --
COMMISSIONER SAUNDERS: Well, my question is, do you
need both of them in there --
COMMISSIONER SOLIS: Right.
COMMISSIONER SAUNDERS: -- not, you know, the issue of
the attorney's fees, but can you properly --
(Multiple speakers speaking.)
MR. KLATZKOW: We don't think we need both of them.
COMMISSIONER SAUNDERS: -- appeal without -- with them
being left out of it?
MR. KLATZKOW: We don't think we need both of them
because it's unjust enrichment. You're double -- the landlord -- you've
already gotten paid the lost rental. Now you're getting additional lost
rental. You're double dipping.
COMMISSIONER SOLIS: And just -- and I'm not -- I just want
to understand. So leaving CVS out of it -- because it's the same
May 23, 2017
Page 105
argument for CVS, right, that they --
MR. KLATZKOW: It's the same argument for CVS. We're
leaving CVS out of it because CVS is willing to waive their attorney's
fees at this point in time.
COMMISSIONER SOLIS: Oh, got it. Okay. That makes sense.
Okay.
CHAIRMAN TAYLOR: Well, gentlemen, what do you think?
COMMISSIONER SOLIS: I'll make a motion --
COMMISSIONER SAUNDERS: I'll support your motion,
whatever it is.
COMMISSIONER SOLIS: Well, in that case, let me rephrase it.
COMMISSIONER McDANIEL: What are we having for lunch?
COMMISSIONER SAUNDERS: One appraisal?
COMMISSIONER SOLIS: One appraisal.
No, I'll make a motion that staff proceed with the appeal.
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN TAYLOR: Okay. Motion on the floor and a
second.
Commissioner McDaniel?
COMMISSIONER McDANIEL: No. It was already brought up.
I don't --
CHAIRMAN TAYLOR: Okay. All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
MR. KLATZKOW: Thank you.
CHAIRMAN TAYLOR: Thank you very much. I just want to
May 23, 2017
Page 106
say, this was -- I enjoyed this conversation.
COMMISSIONER SAUNDERS: I'm glad somebody did.
CHAIRMAN TAYLOR: No, I did. You know, it just is so
important. You just -- you really get into the meat, because this is
what you both do. You're both successful and experienced land use
attorneys, and it's very interesting for someone who's not to listen to
the argument, so thank you very much.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that moves us to Item 15, staff and
commission general communications.
Madam Chair, I just have the reminder of your upcoming
workshop schedule. You have a June 6th workshop at 9 a.m.
regarding community mental health, and then you have your third
workshop on the update to the rural fringe mixed-use district plan at 9
a.m. on June the 20th.
That's all I have.
COMMISSIONER SAUNDERS: Madam Chair, on the June 6th,
I've indicated I'm not going to be in the room. I may be able to call in,
if that's -- I don't know how much trouble it is to set that up.
MR. OCHS: It's no trouble at all, Commissioner. Just let us
know.
COMMISSIONER SAUNDERS: And I'm not 100 percent sure
that I can. But if I could have that possibility, that would be
appreciated.
CHAIRMAN TAYLOR: Okay.
MR. KLATZKOW: Nothing. Nothing more, anyway.
MS. KINZEL: No, thank you.
May 23, 2017
Page 107
MR. MILLER: Nothing.
COMMISSIONER McDANIEL: Nor I.
COMMISSIONER SOLIS: I've got a couple things.
CHAIRMAN TAYLOR: It's you.
COMMISSIONER SOLIS: I was just going to, number one, give
a -- just a couple comments on economic development, since I'm the
liaison from the board. In terms of economic development, I attended
the Southwest Florida Economic Development Alliance workshop that
the board had. I think that it was a very eyeopening experience
because one of the things that was discussed is that because Collier
County really hasn't had its internal economic development office until
now, that the alliance, in my opinion, fills a need that saves us the need
to actually staff-up and do some of this regional marketing that we had
otherwise needed to do and pay for ourselves.
I think that while we support the alliance, I think that that's
something that we need to continue to support.
Lee County, obviously, they have a whole department of people
that are doing this. And so there was some discussion that, you know,
they have a little overlap because they have their own people that are,
essentially, doing the same thing, even though they're going to
apparently wind that down and rely more and more on the alliance. I
think that's working.
I was also glad to see that -- in some of the correspondence that I
think we all got recently that -- from the Clerk's Office, an audit
regarding some of the incentives that were given to Arthrex, that
they've met all their metrics for that, and I think that's just more further
testament to what a great part of the community Arthrex is, and I was
very glad to see that.
Secondly, I just want to give a little update on -- for the workshop
on June 6th on community mental health. What an eyeopening
experience it's been to discuss these issues with the Clerk's -- with the
May 23, 2017
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-- I'm sorry, with the Sheriff's Office, with Judge Martin who runs the
treatment courts, David Lawrence Center, NOMI, Naples Community
Hospital, and even representatives from the school district. It is
astounding what they've been able to create without any involvement
from us in the community.
Now, having said that, I think -- as you'll see, I think that the
community and the county needs to be involved in this and at least
have an understanding of what's going on, what we're doing, what
we're not doing.
One of the things that came to mind the other day was that we
have long-term strategic plans for everything in Collier County, from
roads, sewer lines, sidewalks, landscaping, everything. We have no
plan whatsoever for how we deal as a community with mental-health
issues, in spite of the fact that we know we have an emergency in
Florida related to the opioid crisis. It is -- I think it is critical that as
we're sitting here looking at our Growth Management plans expecting
400,000 more people to come to Collier County, we have to start
looking at this very important issue that's going to affect everybody in
the county in some strategic way, because this is the kind of thing --
playing catch-up with this is a public-safety issue, and it's a
fiscal-policy issue.
So I'm hoping that from the workshop, after having had a
discussion and understanding where we are and what the needs are,
that we'll look at it in that way and, like we treat everything else, we
should have a plan going forward for the future.
COMMISSIONER McDANIEL: I'll give you a big amen.
COMMISSIONER SOLIS: Thanks.
COMMISSIONER SAUNDERS: I have two items. We were --
we've been talking about Conservation Collier this morning, this
afternoon, and we're going to be talking about Conservation Collier in
the budget cycle, because we have kind of a split board in terms of
May 23, 2017
Page 109
whether we should move forward with Conservation Collier prior to a
referendum. And so I'd like to get a report back from Conservation
Collier on -- at our next meeting on where they are, where we are in
terms of any issues of acquisition, just where we are with that; what
they're looking at.
I don't know if they have a meeting between now and the next
time that we have our regular meeting, but if they do, then it would be
good to get information from them on what they're looking at, and --
because it's going to become a very important budget issue for us real
quickly.
And then, secondly, I've talked to Dr. Yilmaz a couple times
about Florida Gulf Utility Authority and the Golden Gate Estates area.
I would like to get -- before we have our break, which is after the first
-- you know, the first meeting in July -- sometime between now and
the first meeting of July -- just kind of an update of where we are with
that and how things are looking, whether or not that's something that's
-- that's viable; just a brief report.
MR. OCHS: Yeah. We're due for a full report to you on that
before you go to break, sir.
COMMISSIONER SAUNDERS: Okay. Good. Good.
CHAIRMAN TAYLOR: Okay. A couple of things. First of all,
it looks like June is the month that never was, you know. I mean, we
might as well just take our clothes and our -- you know, say goodbye
to our relatives and stay here. I mean, we have meetings that are just
back to back. We also have probably two-day meetings at least on the
13th. It may run over, and this is just FYI, so I just wanted to kind of
--
COMMISSIONER McDANIEL: I'm going to hit my light on
that one.
CHAIRMAN TAYLOR: -- float that out there just to say, you
know, I think our County Manager will do his best, but at this point we
May 23, 2017
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have six land use issues coming to us, plus the joint workshop with the
TDC, plus the discussion about the sports complex, plus folks and
beaches and want -- people wanting to speak. It's going to be an
interesting time, so just FYI.
Along that line, we do have a workshop about the RFMUD at the
end of the month. I would like it not to have necessarily a three-hour
limit; that we are able to discuss as we need to. And in that vein, it
may be an opportunity for us to meet with staff on this prior to this so
that if we have any questions or need any clarifications, we could have
that option, not that we would be directing staff to come back one way
or another, but it's more to understand how we went from a certain
amount of density or how we are not talking about density, things that
-- things that are just overriding rural land issues as we go forward.
So I'd like to see if, County Manager, you would be willing to do
that; have that set up so that if we want to sit down with our planners
for a couple of hours one day before the meeting, we can do that, or an
hour or half hour, whatever.
MR. OCHS: Yes, ma'am. If you'd just schedule that through me,
and I'll make sure it happens.
CHAIRMAN TAYLOR: All right. Good.
MR. OCHS: That goes, obviously, for any commissioner that
needs information.
COMMISSIONER McDANIEL: McDaniel already has. I'm
scheduled.
CHAIRMAN TAYLOR: Now, the other thing, and I know this is
--
MR. OCHS: Just parenthetically -- I'm sorry, ma'am -- on that,
that workshop is a 9 a.m. workshop, not an afternoon one --
CHAIRMAN TAYLOR: Correct, correct.
MR. OCHS: -- so you can go as long as you want to go.
CHAIRMAN TAYLOR: Okay. All right.
May 23, 2017
Page 111
COMMISSIONER SAUNDERS: When is that?
CHAIRMAN TAYLOR: The 20th; is it not? Did we say it was
the 20th?
MR. OCHS: Yes. June 20th at 9 a.m.
CHAIRMAN TAYLOR: Okay. And then, in that vein -- and,
again, this is probably, you know, getting up in the morning and
thinking about it, but I know we have a lot of -- I know we talk about
workforce housing, but the opinion of the public is that this is all lip
service; we're not doing anything about it.
So as we move forward and we are doing things about it, we have
six land use issues coming before us, and whether it's an agreement or
not, I'm going to discuss workforce housing, because the time is now.
It's not afterwards.
COMMISSIONER McDANIEL: I wasn't laughing at you. I was
laughing at the look you gave me, like (indicating).
CHAIRMAN TAYLOR: And then, understanding we don't have
any rules but also understanding there may be incentives that we can
build into what they're coming to us for to encourage workforce
housing. Not to use a stick, but a carrot. All right.
And then, finally, we did withdraw the item which was 16A19,
but I think, based on that and reading the procurement ordinance that
we all agreed, that we all passed, there is that Article III, Section 2, I
think I'd like to review again, and if I have consensus...
It appears that staff can put forward a nominee for a position
without going through the procurement RFP process in that, and I
think it's worth discussion.
COMMISSIONER McDANIEL: Well, I mean, they could put it
through, but we don't have to pass it. And, you know, it's incumbent
upon us to do that. They can always ask. And I think in this particular
instance there were extenuating circumstances, but --
CHAIRMAN TAYLOR: No, no. There is, but I'm just -- I'm
May 23, 2017
Page 112
troubled by it. I think competition is the basis of government. And I
think if we somehow inadvertently move that aside, however
inadvertently or innocently it is, I think it's to the detriment of the
taxpayer. So I'd like to see if there's consensus here that we discuss
that one section of the procurement. All right. Good.
MR. OCHS: I'm sorry.
CHAIRMAN TAYLOR: Yes. And that will be -- sir, we're
going to bring back the procurement ordinance to us, 2.01.10.04,
Article III, Section 2, for a discussion to see if we can modify that.
MR. OCHS: Modify what, the sole source?
CHAIRMAN TAYLOR: I don't think it's the sole source. I think
it has to do with the -- I think there are -- what I understand is that it
talks about how staff can bring forward a nominee under -- there's a list
of --
MR. OCHS: Exemptions.
CHAIRMAN TAYLOR: Yes, exemptions. The exemptions,
there we are; excuse me, exemptions. So just to discuss it and to see if
it's really what we intend.
MR. OCHS: When do you want that?
CHAIRMAN TAYLOR: Oh, you know, sir, I mean, we've got a
busy time, so if it doesn't happen before July, it can happen in the fall.
MR. OCHS: Very good.
CHAIRMAN TAYLOR: Okay.
MR. OCHS: Is that a consensus of the Board?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SAUNDERS: Sure, sure.
COMMISSIONER McDANIEL: Yes.
May I speak? I waive my time. I said no, and then you brought
up a subject matter that reminded me of --
CHAIRMAN TAYLOR: Okay. And then we'll go to you. I'm
done, so Commissioner McDaniel.
May 23, 2017
Page 113
COMMISSIONER McDANIEL: Yes. You know,
Commissioner Taylor, you brought up a subject that I've been thinking
about for a long time, and it's something that I think we ought to
discuss at some stage.
We're a billion-dollar company. We're the board of directors of a
billion-dollar company. And we're not the sleepy little 1970s, early
'80s community when I first moved here. We're the board -- where
you could drive one end of Naples to the other on 41 and not pass
anybody after 8 o'clock at night.
We have a 350,000 year-round population. And I think we need
to have a discussion. I think it would be prudent for us to have a
discussion about our work schedule, our board meeting schedule.
Nothing this year. Nothing this year. But I think it bodes a discussion
for us to make some adjustments.
As you mentioned, Madam Chair, we have six land use -- what --
because of that two months that we take off from the middle of July till
the 1st of September, there is a clamoring of need to get through to --
in front of the Board, and then there's a large period of time -- our staff
continues to work. There's a large period of time there and a relatively
short speaking period of time where folks are needing to get back to
us, and I would -- I've got a couple of ideas that I'd like to propose at
some stage, but I would -- I think it bodes you -- it's time for us to have
a discussion about how we're doing business.
CHAIRMAN TAYLOR: All right. When do you want to use --
I'll use County Manager Ochs' words, when do you want to do that?
COMMISSIONER McDANIEL: Well, sooner than later. You
know, it won't take very long, but I think maybe as a subject on one of
the workshops that we have coming up, that it's something that we can
roundtable it, and I could throw out a few of my suggestions and ideas,
and you all can hear what they are and go -- I don't want to take any
more time than to say out loud it warrants a discussion by us sooner
May 23, 2017
Page 114
than later.
So if, in fact, we do make amendments to how the county -- to
our board is conducting its meetings and things, that there's, well in
advance, sufficient time for the general public to get involved and for
the Board to utilize that.
CHAIRMAN TAYLOR: Do you want to put that on as a topic to
one of our workshops or --
COMMISSIONER McDANIEL: Whatever you all --
CHAIRMAN TAYLOR: -- an agenda item?
COMMISSIONER McDANIEL: Whatever you folks --
CHAIRMAN TAYLOR: I'm not sure we have time in --
COMMISSIONER McDANIEL: Do we meet by ordinance? Is
the Board's schedule by ordinance, or is that the pleasure of the
Chairman and the Board?
MR. OCHS: No, it's by ordinance.
COMMISSIONER McDANIEL: Okay. If you would like, I can
-- we can --
CHAIRMAN TAYLOR: Put it on as an agenda item.
COMMISSIONER McDANIEL: -- I can put it on as an agenda
item, and I'll try to get it done before our break.
CHAIRMAN TAYLOR: All right. Good.
COMMISSIONER McDANIEL: Those two are down there
talking again, and I can't hear you.
COMMISSIONER SAUNDERS: No. I was saying that there's
an ordinance, and I think it will provide a minimum number of
meetings but not a maximum number. Unfortunately not a maximum
number.
COMMISSIONER McDANIEL: I'll pull it up and bring it up as
a -- what'd you say?
CHAIRMAN TAYLOR: Unfortunately not a maximum number.
COMMISSIONER SOLIS: And I had just asked, where is it set
May 23, 2017
Page 115
that we meet on the second and fourth Tuesday and all that? I guess
that's an ordinance.
MR. OCHS: You have a full, complete ordinance. I'll get it to
Commissioner McDaniel. I'm sure he'll share it with you.
COMMISSIONER McDANIEL: Thank you.
CHAIRMAN TAYLOR: Okay. All right. Good. Thank you
very much for your hard work, Sherry (sic), and for staying with us.
COMMISSIONER SAUNDERS: Oh, Madam Chair, I do want
to --
CHAIRMAN TAYLOR: Yes.
MR. OCHS: One last comment. I do want to thank the staff. We
had a town hall meeting the other night. I just want to, again, publicly
thank --
COMMISSIONER McDANIEL: And brag that he won, of all of
us had the most amount of people show up, so --
COMMISSIONER SOLIS: Well, I don't know. I wasn't keeping
score. Maybe I've got to do that.
COMMISSIONER SAUNDERS: I wasn't keeping score until
Commissioner McDaniel started that.
CHAIRMAN TAYLOR: All right. Meeting is adjourned.
Thank you.
**** Commissioner McDaniel moved, seconded by Commissioner
Solis and carried unanimously (Commissioner Fiala absent) that the
following items under the Consent and Summary Agendas be
approved and/or adopted ****
Item #16A1
RECORDING THE FINAL PLAT OF CHATHAM WOODS,
(APPLICATION NUMBER PL20150002912) APPROVAL OF THE
May 23, 2017
Page 116
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY – LOCATED ON JOHNNYCAKE
DRIVE, NORTH OF THE IMMOKALEE RD/AIRPORT-PULLING
RD INTERSECTION
Item #16A2
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $250,431.43 FOR PAYMENT OF $531.43
IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD
OF COUNTY COMMISSIONERS V. JUDY S. AND SILAS
PACHECO. CODE ENFORCEMENT BOARD CASE NO.
CESD20110007349 RELATING TO PROPERTY LOCATED AT
1330 GOLDEN GATE BLVD E, COLLIER COUNTY, FLORIDA –
VIOLATIONS FOR A CHICKEE HUT AND SWIMMING POOL
CONSTRUCTED WITHOUT THE PROPER PERMITS AND
BROUGHT INTO COMPLIANCE BY THE NEW OWNER ON
MARCH 20, 2017
Item #16A3
AN ADOPT-A-ROAD PROGRAM AGREEMENT FOR THE
ROADWAY SEGMENT OF N 9TH STREET FROM SR 29 TO
LAKE TRAFFORD ROAD, WITH TWO (2) RECOGNITION
SIGNS AND TWO (2) ADOPT-A-ROAD LOGO SIGNS AT A
TOTAL COST OF $200 WITH THE VOLUNTEER GROUP,
LOZANO’S RESTAURANT & SPORTS BAR, INC. – LOCATED
IN IMMOKALEE
Item #16A4
May 23, 2017
Page 117
THE CLERK OF COURTS TO RELEASE A CASH BOND IN THE
AMOUNT OF $5,000 WHICH WAS POSTED BY NAPLES
ACURA AS A DEVELOPMENT GUARANTY FOR AN EARLY
CONSTRUCTION AUTHORIZATION (ECA) RELATED TO A
BUILDING PERMIT, (PRBD20160622869) FOR WORK
ASSOCIATED WITH NAPLES ACURA – LOCATED AT 659
AIRPORT-PULLING ROAD
Item #16A5
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR CORSICA AT TALIS PARK, PL20150001653, AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION
WAS CONDUCTED ON FEBRUARY 28, 2017 AND FOUND TO
BE SATISFACTORY
Item #16A6
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
FACILITIES FOR SIGNATURE CLUB CIRCLE PHASES 1-2,
PL20140002527, ACCEPT UNCONDITIONAL CONVEYANCE
OF A PORTION OF THE POTABLE WATER FACILITIES, AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $33,387.33 TO THE PROJECT ENGINEER OR THE
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DEVELOPER’S DESIGNATED AGENT – A PROJECT AT THE
CORNER OF LELY RESORT BLVD AND GRAND LELY DRIVE
Item #16A7
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR CAMERON COMMONS UNIT 1,
TRACT 5, PL2016000667, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $5,454.63 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT – LOCATED NORTH OF THE COLLIER
BLVD/IMMOKALEE ROAD INTERSECTION
Item #16A8
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR
ESPLANADE GOLF & COUNTRY CLUB OF NAPLES, PARCEL
A.2, PL20160000430, AND AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO
THE PROJECT ENGINEER OR DEVELOPER’S DESIGNATED
AGENT – FINAL INSPECTION WAS CONDUCTED ON APRIL
7, 2017 AND FOUND TO BE SATISFACTORY
Item #16A9
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
May 23, 2017
Page 119
FOR OYSTER HARBOR AT FIDDLER’S CREEK, PHASE 1,
PL20150000330 AND PL20150000708, AND AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$8,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT – FINAL INSPECTION WAS
CONDUCTED ON FEBRUARY 10, 2017 AND FOUND TO BE
SATISFACTORY
Item #16A10
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR HILTON MOVING STORAGE,
PL20150002480, ACCEPT UNCONDITIONAL CONVEYANCE
OF A PORTION OF THE POTABLE WATER FACILITIES, AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $6,806.87 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – LOCATED OFF OF
WHITE LAKE BLVD AND SHEARWATER STREET
Item #16A11
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ESPLANADE AT HACIENDA LAKES, PHASE 1,
PL20140001232, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO
THE PROJECT ENGINEER OR THE DEVELOPER’S
May 23, 2017
Page 120
DESIGNATED AGENT – A FINAL INSPECTION WAS
CONDUCTED ON FEBRUARY 16, 2017 AND THE FACILITIES
WERE FOUND TO BE SATISFACTORY
Item #16A12
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR TEMPLE CITRUS GROVE (MARBELLA ISLES) PHASES 1-
6, PL20150000819 AND PL20150001483, AND TO AUTHORIZE
THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE
THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$8,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT – A PROJECT LOCATED NORTH OF
PINE RIDGE ROAD BETWEEN AIRPORT-PULLING RD AND
LIVINGSTON RD
Item #16A13
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $915,118.13 WHICH WAS POSTED
AS A GUARANTY FOR EXCAVATION PERMIT NUMBER
60.080-4, PL20140000395 FOR WORK ASSOCIATED WITH
ISLES OF COLLIER PRESERVE PHASE 2 – WORK
ASSOCIATED WITH THIS SECURITY HAS BEEN INSPECTED;
THE DEVELOPER HAS FULLFILLED HIS COMMITMENT
Item #16A14
AMENDMENT NO. 2 TO CONTRACT NO. 14C01 WITH THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
May 23, 2017
Page 121
PROTECTION BUREAU OF BEACHES AND COASTAL
SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE
PROGRAM FOR BEACH RENOURISHMENT AND
MONITORING EXPENSES FOR THE VANDERBILT, PARK
SHORE, AND NAPLES BEACHES AND TO MAKE A FINDING
THAT THIS ITEM PROMOTES TOURISM – AMENDMENT
FUNDS ENGINEERING FOR THE 2016 TRUCK HAUL
PROJECT, FUNDS FUTURE BEACH RENOURISHMENT
PROGRAM AND PHYSICAL AND BIOLOGICAL MONITORING
IN 2016 & 2017
Item #16A15
AGREEMENT NO. 16CO1 WITH THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES
AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING
ASSISTANCE PROGRAM FOR BEACH RENOURISHMENT
AND MONITORING EXPENSES ON MARCO ISLAND PUBLIC
BEACHES AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM – IMPLEMENTING THE SOUTH
MARCO ISLAND BEACH RENOURISHMENT PROJECT
WHICH ENDS ON MARCH 31, 2021
Item #16A16
CATEGORY “A” TOURIST DEVELOPMENT COUNCIL GRANT
APPLICATIONS FROM THE CITY OF NAPLES, THE CITY OF
MARCO ISLAND, AND COLLIER COUNTY FOR FY-2017-2018
IN THE AMOUNT OF $10,296,300; CHAIRMAN TO SIGN
GRANT AGREEMENTS FOLLOWING COUNTY ATTORNEY’S
APPROVAL; AND MAKE A FINDING THESE EXPENDITURES
May 23, 2017
Page 122
WILL PROMOTE TOURISM – FOR REGULATORY AND
PERMIT COMPLIANCE, BEACH RENOURISHMENT
PROJECTS, INLET PROJECTS AND BEACH MAINTENANCE
Item #16A17
APPROVAL OF THE 10-YEAR CAPITAL PLANNING
DOCUMENT FOR BEACH RENOURISHMENT AND PASS
MAINTENANCE FUND (195) AND THE PROGRAM
MANAGEMENT AND ADMINISTRATION FUND (185)
PROPOSED ALLOCATION – FOR IDENTIFYING AND
BALANCING LONG-TERM CAPITAL
REQUIREMENTS/EXPENSES AND REVENUES RECEIVED
FROM THE TOURIST DEVELOPMENT TAX FUND 195 FOR
BEACH RENOURISHMENT AND PASS MAINTENANCE
Item #16A18
RESOLUTION 2017-88: REQUESTING THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
INCLUDE THE COLLIER COUNTY COMPREHENSIVE
WATERSHED IMPROVEMENT PROJECT IN THE AGENCY'S
NEXT ROUND OF PROJECT SUBMITTALS FOR RESTORE
COUNCIL (COMPONENT 2) FUNDING – THE NEXT
APPLICATION CYCLE FOR PROJECT FUNDING IS TO OPEN
IN THE FALL OF 2017
Item #16A19 – Withdrawn (Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE AN AGREEMENT FOR
SPECIAL MAGISTRATE SERVICES FOR CODE
May 23, 2017
Page 123
ENFORCEMENT WITH THE LAW FIRM OF PATRICK NEALE
& ASSOCIATES
Item #16A20
A TIME EXTENSION TO A LOCAL AGENCY PROGRAM
AGREEMENT REQUESTED BY THE FLORIDA DEPARTMENT
OF TRANSPORTATION FOR CLOSEOUT OF THE RECENTLY
COMPLETED CONSTRUCTION OF SIDEWALK
IMPROVEMENTS IN EAST NAPLES ALONG LOMBARDY
LANE AND ORCHARD LANE, FPN #430879-1-58-01, PROJECT
NO. 33460 – FDOT APPROVED A 90 DAYS EXTENSION OF
THE AGREEMENT TO SEPTEMBER 28, 2017
Item #16B1
A COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT BETWEEN THE COMMUNITY
REDEVELOPMENT AGENCY AND LEIGHTONS GARAGE,
LLC IN THE AMOUNT OF $3,215 PLUS HALF PERMIT FEES
FOR PROPERTY LOCATED AT 2320 LINWOOD AVENUE,
WITHIN THE BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AREA – REPLACING THE
FRONT DOOR AND TWO WINDOWS
Item #16C1
A BUDGET AMENDMENT IN THE AMOUNT OF $300,000
FROM UTILITY CONTINGENCY RESERVES TO COVER
HIGHER THAN ANTICIPATED COSTS FOR SLUDGE
HAULING AND OTHER EXPENSES TO OPERATE THE
May 23, 2017
Page 124
ORANGE TREE WATER AND WASTEWATER FACILITIES
Item #16C2
A $377,986 WORK ORDER UNDER REQUEST FOR
QUOTATION #14-6213-97 TO QUALITY ENTERPRISES USA,
INC., UNDER PROJECT NUMBER 70172, “GULF SHORE
DRIVE ASBESTOS WATER MAIN ABANDONMENT PHASE 2;”
AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT
– LOCATED NORTH OF VANDERBILT BEACH ROAD AND
SOUTH OF BLUEBILL AVENUE
Item #16C3
THE SOLE-SOURCE WAIVER FOR A PERIOD OF ONE YEAR
FOR THE PURCHASE OF BIOXIDE PLUS 71, AKTIVOX, AND
VX456 FROM EVOQUA WATER TECHNOLOGIES LLC FOR
USE BY THE PUBLIC UTILITIES DEPARTMENT
WASTEWATER DIVISION AND APPROVE A CONTRACT FOR
EVOQUA WATER TECHNOLOGIES LLC IN THE ESTIMATED
AMOUNT OF $500,000 – THESE PATENTED PRODUCTS HAVE
PROVEN EFFECTIVE FOR THE INTENDED PURPOSE
Item #16D1
EIGHT STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM IMPACT FEE RELEASE OF LIENS IN THE
COMBINED AMOUNT OF $63,449.50 FOR THE ASSOCIATED
OWNER-OCCUPIED AFFORDABLE HOUSING DWELLING
UNIT WHERE THE OBLIGATION HAS BEEN REPAID IN FULL
BY THE HOMEOWNER AND HABITAT FOR HUMANITY OF
May 23, 2017
Page 125
COLLIER COUNTY, INC – LOCATED AT 1125 SERENITY
WAY, 12199 FULLER LANE, 12135 AMERICUS LANE, 607
CLIFTON STREET, 5486 CARLTON STREET, 14587 CHICKEE
DRIVE, 5374 GILCHRIST STREET AND 5317 GILCHRIST
STREET
Item #16D2
FOUR MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN
PROGRAM IN THE COMBINED AMOUNT OF $72,556.10 – FOR
5486 CARLTON STREET, 3611 JUSTICE CIRCLE, 4498 22ND
AVE SE AND 840 BRIARWOOD BLVD
Item #16D3
THIRD AMENDMENT TO THE STARNES CATTLE LEASE
AGREEMENT – EXTENDING THE CURRENT EQIP
(ENVIRONMENTAL QUALITY INCENTIVES PROGRAM)
CONTRACT UNTIL DECEMBER 31, 2018 FOR PROPERTY
LOCATED WITHIN THE CARACARA PRARIE PRESERVE
Item #16D4
AWARD INVITATION TO BID (ITB) #17-7095, FOR COLLIER
AREA TRANSIT (CAT) FACILITY RADIO ROAD
IMPROVEMENTS PHASE 3 TO ONE SOURCE
CONSTRUCTION COMPANY & BUILDERS, INC., FOR AN
ESTIMATED $142,097, AND AUTHORIZE THE CHAIR TO
SIGN THE ATTACHED AGREEMENT - EXPANDING THE
OFFICE SPACE ALLOWING FOR CAT STAFF RELOCATION
May 23, 2017
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AND SECURITY ENHANCEMENTS TO THE MONEY VAULT
ROOM; INCLUDING THE INSTALLATION OF AN
ADDITIONAL SECURITY CAMERA AND A DROP BOX SAFE
FOR AFTER-HOURS DEPOSITS
Item #16D5
AWARD FOR INVITATION TO BID (ITB) #17-7075 "RE-
MANUFACTURED ENGINES AND TRANSMISSIONS" TO
WORLD WIDE EQUIPMENT AND RELIABLE TRANSMISSION
FOR USE IN EXISTING COLLIER AREA TRANSIT BUSES,
AND AUTHORIZE THE CHAIR TO SIGN THE ATTACHED
AGREEMENTS
Item #16D6
SUBMITTAL OF A GRANT APPLICATION PROJECT
PROPOSAL TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) UNDER THE STATE PARK-AND-
RIDE LOT PROGRAM TO FUND A PARK-AND-RIDE STUDY
FOR THE TRANSIT SYSTEM – TO EVALUATE
APPROPRIATE LOCATIONS FOR PARK-AND-RIDE LOTS
Item #16D7
FORGIVING THE FINAL LEASE PAYMENT FOR PARKING
LOT IMPROVEMENTS FROM THE NAPLES ZOO TO THE
COUNTY, TOTALING $278,100, TO SUPPORT THE
CONSTRUCTION OF A NEW ZOO ANIMAL HOSPITAL
Item #16D8
May 23, 2017
Page 127
AN AGREEMENT TO PARTICIPATE IN THE SUMMER FOOD
SERVICE PROGRAM (SFSP) WITH FLORIDA DEPARTMENT
OF AGRICULTURE AND CONSUMER SERVICES (FDACS) TO
OPERATE THE SFSP AT DESIGNATED RECREATION CAMPS
WITH UNITIZED MEALS PROVIDED BY THE SCHOOL
BOARD – PROVIDING BREAKFASTS AND LUNCHES
DURING THE SUMMER FOR CHILDREN THAT ARE NOT
ABLE TO GO TO THE SITES OFFERED BY THE SCHOOL
BOARD
Item #16E1
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER ITEMS AS IDENTIFIED – FOR 7 CHANGE
ORDERS TOTALING $1,626.00
Item #16E2
RATIFYING PROPERTY, CASUALTY, WORKERS’
COMPENSATION AND SUBROGATION CLAIM FILES
SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT
DIVISION DIRECTOR PURSUANT TO RESOLUTION 2004-15
FOR THE SECOND QUARTER OF FY 17 – AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16E3
THE PARTIAL ASSIGNMENT AND AMENDMENT OF THE
INTERLOCAL AGREEMENT BETWEEN THE STATE OF
May 23, 2017
Page 128
FLORIDA DEPARTMENT OF TRANSPORTATION, COLLIER
COUNTY, AND GREATER NAPLES FIRE RESCUE DISTRICT
FOR MANAGEMENT OF THE MILE MARKER 63 FIRE
STATION AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENT IN THE AMOUNT OF $406,000 - AN INTERIM
MEASURE, UNTIL ACTION CAN BE TAKEN BY THE
FLORIDA LEGISLATURE AND THE COUNTY DESIRES FOR
GREATER NAPLES TO ASSUME THE COUNTY’S
RESPONSIBILITY FOR MANAGEMENT OF THE OCHOPEE
FIRE CONTROL DISTRICT
Item #16F1
RESOLUTION 2017-89: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2016-17 ADOPTED
BUDGET
Item #16F2
ACCEPTING GRANT FUNDING FROM THE UNITED STATES
DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT
(USDA) AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS FOR THE RURAL BUSINESS DEVELOPMENT
GRANT (RBDG) FOR COMMERCIAL KITCHEN EQUIPMENT
FOR THE FLORIDA CULINARY ACCELERATOR @
IMMOKALEE IN THE AMOUNT OF A $112,536
Item #16G1
THE SUBMITTAL OF AN AIRPORT IMPROVEMENT
May 23, 2017
Page 129
PROGRAM (AIP) GRANT APPLICATION TO THE FEDERAL
AVIATION ADMINISTRATION REQUESTING FUNDS IN THE
AMOUNT OF $149,984 FOR PHASE 1 OF THE EVERGLADES
AIRPARK RUNWAY REHABILITATION, WITH A TOTAL
ESTIMATED PROJECT COST OF $166,650
Item #16G2
SUBMITTAL OF AN AIRPORT IMPROVEMENT PROGRAM
(AIP) GRANT APPLICATION TO THE FEDERAL AVIATION
ADMINISTRATION REQUESTING AN ESTIMATED AMOUNT
OF $1,087,965 FOR IMMOKALEE REGIONAL AIRPORT
TAXIWAY B REHABILITATION CONSTRUCTION PROJECT
WITH A TOTAL ESTIMATED COST OF $1,208,851
Item #16I1
BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS
CORRESPONDENCE MISCELLANEOUS ITEMS TO FILE FOR
RECORD WITH ACTION AS DIRECTED
Item #16J1
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 MAY 17, 2017
Item #16J2
May 23, 2017
Page 130
RECORDING IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN APRIL 27, 2017 AND MAY 10,
2017, PURSUANT TO FLORIDA STATUTE 136.06
Item #16K1
A MEDIATED SETTLEMENT AGREEMENT FOR THE TOTAL
AMOUNT OF $99,000 FOR THE TAKING OF PARCEL 189RDUE
IN THE PENDING CASE STYLED COLLIER COUNTY V. JUAN
E. NAVARRO, ET AL, CASE NO. 15-CA-154, REQUIRED FOR
THE GOLDEN GATE BOULEVARD PROJECT, PROJECT NO.
60040 (FROM WILSON BOULEVARD TO 20TH STREET EAST)
– PROPERTY LOCATED ON THE GOLDEN GATE CANAL
Item #16K2
TWO MEDIATED SETTLEMENT AGREEMENTS IN THE
TOTAL AMOUNT OF $112,972 AND APPROVE STIPULATED
FINAL JUDGMENTS FOR THE TAKING OF PARCELS 253DE,
254DE, AND 254TCE REQUIRED FOR THE LELY AREA
STORMWATER IMPROVEMENT PROJECT (“LASIP”), WING
SOUTH PORTION, PROJECT NO. 51101, IN THE PENDING
CASE STYLED COLLIER COUNTY V. LORI R. LEAR, ET AL.,
CASE NO. 15-CA-1599 – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16K3
May 23, 2017
Page 131
RESOLUTION 2017-90: APPOINTING JOSEPH S. BURKETO
THE COASTAL ADVISORY COMMITTEE WITH TERM
EXPIRING MAY 22, 2021
Item #16K4
RESOLUTION 2017-91: RE-APPOINTING JOHN J. AGNELLI
AND VICKI TRACY TO THE INDUSTRIAL DEVELOPMENT
AUTHORITY
Item #16K5
RESOLUTION 2017-92: RE-APPOINTING GEORGE RUSSELL
WEYER AND ROBERT H. CHALHOUB TO THE HEALTH
FACILITIES AUTHORITY
Item #16K6
RESOLUTION 2017-93: RE-APPOINTING KYLE E. LANTZ TO
THE CONTRACTORS LICENSING BOARD
Item #16K7
RESOLUTION 2017-94: RE-APPOINTING LOWELL M. LAM TO
THE WATER AND WASTEWATER AUTHORITY
Item #16K8
RESOLUTION 2017-95: APPOINTING BRANDON NICKOLAS
COOPER TO THE BLACK AFFAIRS ADVISORY BOARD
May 23, 2017
Page 132
Item #16K9
WAIVING THE OPTIONAL LOCAL PUBLIC HEARING
RELATING TO THE MERGER OF MEDITERRA NORTH
COMMUNITY DEVELOPMENT DISTRICT AND MEDITERRA
SOUTH COMMUNITY DEVELOPMENT DISTRICT PURSUANT
TO SECTIONS 190.005 AND 190.046(3), FLORIDA STATUTES
Item #16K10 – Language Changed (Per Agenda Change Sheet);
Moved to Item #12A (Per Commissioner Saunders during Agenda
Changes)
Item #17A
RESOLUTION 2017-96: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2016-17 ADOPTED
BUDGET
Item #17B – Moved to Item #9A (Per Agenda Change Sheet)
*****
May 23, 2017
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:33 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
PENN /./1" -OR, A IRMAN
ATTEST;
DW aIT E * OCK, CLERK
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Attest as ® a+ ans
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These minutes approved by the Board on L o��' �- , as presented
,/ or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC
Page 133