BCC Minutes 12/12/2017 RDecember 12, 2017
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, December 12, 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
Andrew Solis
Donna Fiala
William L. McDaniel, Jr.
Burt L. Saunders
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Director of Finance & Accounting
Troy Miller, Communications & Customer Relations
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
December 12, 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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December 12, 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. Reverend Beverly Duncan of Naples United Church of Christ
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. October 24-25, 2017 - BCC/Regular Meeting Minutes
C. November 7, 2017 - BCC/Infrastructure Sales Tax and Hurricane Irma After
Action Workshop Meeting Minutes
D. November 14, 2017 - BCC/Regular Meeting Minutes
3. AWARDS AND RECOGNITIONS
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December 12,2017
4. PROCLAMATIONS
A. Proclamation designating January 16, 2018 as National Religious Freedom
Day in Collier County. To be accepted by representatives of the Salt & Light
Advisory Council: Greg Harper, Fr. Michael Orsi, Fr. Philemon Patitsas,
Pastor Tom Harris, Pastor Rick Baldwin and Pastor Greg Ball.
B. Proclamation designating January 6-14, 2018 as Kindness Awareness Week
in Collier County. To be accepted by Bob Votruba and his dog Bogart.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for December
2017 to Springhill Suites and Fairfield Inn & Suites by Marriott. To be
accepted by Tracy Arman, General Manager, and Liz Sanders, Director of
Sales. Also present is Bethany Sawyer, Membership Engagement Specialist,
Greater Naples Chamber of Commerce.
B. Presentation by Mr. John Schmieding, Senior Vice-President and Legal
Counsel from Arthrex Inc., regarding their recent expansion and future plans
in Collier County.
C. Hurricane Irma Status Report from Dan Summers, Bureau of Emergency
Services Division Director.
6. PUBLIC PETITIONS
A. Public Petition request from Stephen Kwedar requesting relief from paying
tax to the Haldeman Creek Municipal Service Taxing Unit (MSTU) because
his property is located outside of the boundary of the taxing district.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
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December 12,2017
A. Recommendation to approve the single petition PL20160002360/CP-2016-3
within the 2016 Cycle 3 of Growth Management Plan Amendments for
transmittal to the Florida Department of Economic Opportunity for review
and Comments response for an amendment specific to the Goodlette/Pine
Ridge Commercial Infill Subdistrict at the northeast corner of Pine Ridge
Road and Goodlette-Frank Road. (Transmittal Hearing)
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to declare that emergency circumstances exist based on
damage caused by Hurricane Irma to Collier Creek; authorize an expedited
procurement process to obtain quotes and negotiate a contract; authorize the
County Manager or his designee to execute a contract to be presented to the
Board for "after-the-fact" approval at the next regularly scheduled
Commission meeting; authorize the necessary budget amendment; and make
a finding that this item promotes tourism. (Fiscal Impact $1,320,000) (Gary
McAlpin, P.E., Coastal Zone Management)
B. Recommendation to approve targeted reductions in the Collier County
Growth Management Department Development Services Fee Schedule
related to application and plan review fees in the event of a Board of County
Commissioners (Board) —declared disaster, and to apply the targeted
reductions retroactively to the fees identified in the petition related to the
Lee Williams fire presented to the Board at the October 10, 2017 meeting
under Item #11G and to homeowners impacted by Hurricane Irma. (James
French, Deputy Department Head, Growth Management Department)
C. Recommendation to waive competition as a single source vendor and award
a contract to US Submergent Technologies in an estimated amount of
$1,000,000 for the removal of sand, grit and debris at the North County
Water Reclamation Facility resulting from Hurricane Irma recovery
operations under Project No. 50154. (Steve Messner, PUD Water Division
Director)
D. Recommendation to amend Professional Services Agreement No. 06-4000
with CH2M Hill, Inc. for the update and completion of the design of
Vanderbilt Beach Road Extension project in the amount of$3,901,850
(Project No. 60168). (Marlene Messam, Project Manager Principal,
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Transportation Engineering)
E. Recommendation to approve the Technical Assistance Interlocal Agreement
between the County, the Collier County Water and Sewer District, and the
City of Everglades City. (George Yilmaz, Public Utilities Department
Head)
F. This item to be heard at 11:00 a.m. Recommendation to approve an
Agreement for Sale and Purchase and Lease Agreement with CG II, LLC for
the purchase and lease of property to accommodate the future Collier County
Sports Complex, not to exceed $12,142,537.50. (Nick Casalanguida, Deputy
County Manager)
G. Recommendation to approve the proposed schedule and project list for a
Countywide Infrastructure Sales Surtax voter referendum to be held on
November 6, 2018 and authorize staff to initiate related actions. (Geoff
Willig, Operations Analyst, County Manager's Office)
H. Recommendation to direct staff to initiate a Request for Information (RFI)
process for two County-owned properties that are suitable for the
development of housing that is affordable in accordance with the
Community Housing Plan. (Cormac Giblin, Housing and Grant
Development Manager, Community & Human Services)
I. Recommendation to direct staff to advertise, and bring back for a public
hearing, an Ordinance amending the Land Development Code amendment
relating to off-site native vegetation preservation, at the January 23, 2018,
Board Meeting. (Mike Bosi, Planning and Zoning Division Director)
J. Recommendation to adopt a resolution accepting a proposal of Pinnacle
Public Finance, Inc. to provide the County with a term loan in order to
refund a portion of the County's Special Obligation Revenue Bonds, Series
2010 for net present value interest savings; approving the form of a loan
agreement; authorizing the issuance of a Special Obligation Refunding
Revenue Note, Series 2017 in the aggregate principal amount of not to
exceed $45,000,000; authorizing the repayment of such note from a
covenant to budget and appropriate legally available non ad valorem
revenues; delegating certain authority to the Board Chairman and other
appropriate officers of the County for the execution and delivery of the loan
agreement; and authorize all necessary budget amendments. (Mark Isackson,
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Director of Corporate Financial and Management Services)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
A. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
B. AIRPORT
14. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DEPARTMENT
1) This item has been continued from the July 11, 2017 BCC
meeting. Recommendation to approve an Interlocal Agreement with
the City of Naples for the purpose of installation of License Plate
Reading (LPR) cameras within County road rights-of-way.
2) Recommendation to approve the release of a code enforcement lien
with an accrued value of$46,662.91 for payment of$512.91 in the
code enforcement action entitled Board of County Commissioners v.
Pedro A. Tur and Bexaida Carralero, Code Enforcement Board Case
No. CESD20160000728 relating to property located at 271 Leawood
Circle, Collier County, Florida.
3) Recommendation to approve and authorize the Chair to execute
Contract Number 16-7010, "Design and Related Services for CR-
846/Immokalee Rd over Gator Canal Bridge Replacement or
Rehabilitation (Bridge Number 030160)" in the amount of
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$326,991.00, with T.Y. Lin International (Project No. 66066).
4) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Bristol
Pines, Phase II, PL20140000924.
5) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Viansa
at Talis Park, PL20160000737 and to authorize the County Manager,
or his designee, to release the Final Obligation Bond in the amount of
$4,000 to the Project Engineer or the Developer's designated agent.
6) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
Montiano, PL20160000741 and to authorize the County Manager, or
his designee, to release the Final Obligation Bond in the total amount
of$4,000 to the Project Engineer or the Developer's designated agent.
7) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Naples
Reserve —Parrot Cay, PL20150002419 and to authorize the County
Manager, or his designee, to release the Final Obligation Bond in the
total amount of$4,000 to the Project Engineer or the Developer's
designated agent.
8) Recommendation to approve final acceptance of the potable water and
sewer facilities for Landmark Long Term Acute Care Hospital,
PL20150002447, accept unconditional conveyance of a portion of the
potable water facilities, and to authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and
Final Obligation Bond in the total amount of$22,526.62 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 Raffia
Preserve Phase 2, PL20140002068.
10) Recommendation to approve final acceptance of the potable water
facilities for Golf Club of the Everglades, Phase 1-1, PL20150002401,
accept unconditional conveyance of a portion of the potable water
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facilities, 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.
11) Recommendation to approve final acceptance of the potable water and
sewer facilities for Aesthetic Surgery Center, PL20160001400, accept
unconditional conveyance of a portion of the potable water and sewer
facilities, and to authorize the County Manager, or his designee, to
release the Utilities Performance Security (UPS) and Final Obligation
Bond in the total amount of$9,167.32 to the Project Engineer or the
Developer's designated agent.
12) Recommendation to approve final acceptance of the potable water and
sewer facilities for VI at Bentley Village East Clubhouse,
PL20160000993, accept unconditional conveyance of a portion of the
potable water and sewer facilities, and to authorize the County
Manager, or his designee, to release the Utilities Performance Security
(UPS) and Final Obligation Bond in the total amount of$18,973.51 to
the Project Engineer or the Developer's designated agent.
13) Recommendation to approve final acceptance of the potable water and
sewer facilities for Hogan Plaza, PL20150002490, accept
unconditional conveyance of a portion of the potable water facilities,
and to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in
the total amount of$29,105.20 to the Project Engineer or the
Developer's designated agent.
14) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Isles of
Collier Preserve, Phase 7B, PL20160000964 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.
15) Recommendation to approve final acceptance of the sewer utility
facilities for Naples Grande Clubhouse, PL20150002666, 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$9,674.98 to the Project Engineer or the Developer's
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designated agent.
16) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Amaranda at Fiddler's
Creek, Application Number PL20170003100.
17) Recommendation to approve for recording the minor final plat of City
Gate Commerce Center, Phase Three A, Application Number
PL20170000610.
18) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Bent Creek Preserve
Phase 1B, Application Number PL20170003312.
19) 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 amended final plat of Bent Creek Preserve
Phase 2A (Application Number PL20170001771) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
20) Recommendation to approve a Joint Participation Agreement with the
Florida Department of Transportation (Financial Management No.
433173-2-58-01) in which Collier County would receive
reimbursement up to the amount of$200,000 for the construction and
construction engineering and inspection of landscape and irrigation
improvements on State Road 84 (Davis Boulevard) from Whitten
Drive to Santa Barbara Boulevard; to execute a Resolution
memorializing the Board's action; to authorize all necessary budget
amendments; and to approve the final plans (Project No. 60193).
21) Recommendation to approve a Landscape Maintenance and
Installation Agreement with the Florida Department of Transportation
(FDOT) for State Road 84 (Davis Boulevard) from Whitten Drive to
Santa Barbara Boulevard; to execute a Resolution memorializing the
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Board's action. (Project Number 60193.1, F.P.I.D. 433173-2-58-01)
22) Recommendation to execute State-Funded Grant Agreement (FPN
441508-1-34-01) with the Florida Department of Transportation to
receive reimbursement up to $500,000 for the design of the Goodland
Drive Rehabilitation and to adopt a Resolution memorializing the
Board of County Commissioners' affirmative vote to execute the
Agreement (Project No. 60200).
23) Recommendation to approve an extension for completion and
acceptance of subdivision improvements associated with Arrowhead
Reserve at Lake Trafford Phase One (AR-3771) and Arrowhead
Reserve at Lake Trafford Phase Two (AR-3974).
24) Recommendation to approve an extension for completion and
acceptance of subdivision improvements associated with the
Arrowhead Reserve at Lake Trafford—Block 'C' (AR-10335).
25) Recommendation to approve an Amended and Restated Bentley
Village Redevelopment Agreement between the Collier County Board
of County Commissioners and CC-Naples, Inc., a Delaware
Corporation, for the partial redevelopment of the Bentley Village, a
continuing care retirement community (CCRC) in the Retreat at
Naples Planned Unit Development (PUD), Ordinance Number 97-71.
26) Recommendation to approve an Easement Use Agreement
(Agreement) for Palm River Estates Unit No. 7, Block B, Lot 5,
according to the plat thereof as recorded at Plat Book 12, Pages 28-30
of the public records of Collier County.
27) Recommendation to adopt a Resolution amending Resolution 2009-
302 and Resolution 2014-237, relating to the Stewardship Sending
Area with a designation as "BCl/BCP/SI SSA 13"; approving the
extension of certain dates to December 15, 2020, in the Stewardship
Sending Area credit agreement for BCl/BCP/SI SSA 13 and the
Escrow agreement for BCl/BCP/SI SSA 13.
28) Recommendation to terminate for convenience Contract No. 16-6643,
with Neal's Lawn and Landscaping Maintenance, Inc., for nuisance
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abatement services.
29) Recommendation to authorize the publication of Collier County's
notice of intent to utilize the uniform method of collecting non-ad
valorem assessments in unincorporated Collier County in accordance
with F.S. 197.3632(3)(a), in consideration and as part of the
Stormwater Utility Phase II process.
30) Recommendation to approve a Transportation Post Project
Maintenance Agreement with the Florida Department of
Transportation (FDOT), for the maintenance of the modifications to
the existing direction left-turn median openings for the northbound
and southbound directions on Airport-Pulling Road at the Calusa Ave
and Great Blue Drive intersection, upon completion of the FDOT
improvements project, Financial Project No. 433416-1-52-01; and a
Resolution memorializing the Board's approval of the Agreement.
31) Recommendation to approve Change Order #1 adding new items to
RFP #15-6508, "Roadway Lighting Upgrade to Light Emitting Diode
(LED) Luminaires," to add a turnpike style LED fixture to the
approved contract with Apollo Metro Solutions, Inc. (Project No.
60189)
32) Recommendation to grant final acceptance of the private roadway and
drainage improvements for the final plat of Heritage Bay Commons,
Application Number AR-5877 with the roadway improvements being
maintained by Collier County, and acceptance of the plat dedications.
33) Recommendation to approve Contract Number 17-7222, "Post Design
& Verification Testing Services for Tree Farm Road Phase II" in the
amount of$298,449 with Johnson Engineering, Inc. (Project Nos.
61001 and 70178)
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to standardize licensing and support services with
GE Intelligent Platforms, Inc. [Digital] and Gray Matter Systems for
the Public Utilities Department's Supervisory Control and Data
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Acquisition Systems.
2) Recommendation to award Invitation to Bid Number 17-7202,
"NCRWTP Level Indicator Replacement," Project Number 71066 to
Gulf States Electric, Inc., in the amount of$129,600.
3) Recommendation to approve a $1,300,000 budget amendment to fund
the Golden Gate City Water Interconnects, Project Number 70220.
4) Recommendation to approve a Resolution removing uncollectible
accounts receivable and their respective balances from the financial
records of Collier County Public Utilities Department in the amount
of$10,493.16.
5) Recommendation to approve payment in the amount of$344,862 to
Ashbritt Environmental for food services procured as a result of
Hurricane Irma.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to adopt a resolution authorizing the removal of
aged accounts receivable in the amount of$151,037.56, considered
uncollectible or should otherwise be removed from the financial
records of the Collier County Public Library in accordance with
Resolution No. 2006-252.
2) Recommendation to approve a First Amendment to Lease Agreement
with NWNG LLC, dba Naples Grande Beach Resort to enhance tram
service at the Clam Pass Beach Park
3) Recommendation to approve the after-the-fact submittal of a grant
request to the Florida Department of Environmental Protection
(FDEP) Coastal Partnership Initiative Program for funding in the
amount of$15,000 to develop maps and user information for Phase II
of the Paradise Coast Blueway Paddling Trail.
4) Recommendation to approve a Lease Agreement with Kraft Office
Center, LLC for a temporary office space for the University Extension
Office that was deemed uninhabitable due to damage caused by
Hurricane Irma.
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5) Recommendation to approve an award for Invitation to Bid #17-7207
"Radio Road MSTU Roadway Landscape Maintenance" to Florida
Land Maintenance, Inc. d/b/a Commercial Land Maintenance and
authorize the Chair to execute the contract.
6) Recommendation to approve the Sole-Source waiver for a period of
five (5) years for the purchase, warranty repair, service, installation,
parts, and related materials of GeoThermal pool/spa heaters from
Symbiont Service Corp. and authorize the Chairman to sign Contract
#18-7268WV.
7) Recommendation to approve the selection committee ranking and
authorize entering into negotiations with Agnoli, Barber and
Brundage, Inc. for a contract related to Request for Professional
Services Number 17-7182, "North Collier Regional Park Artificial
Turf Design."
8) Recommendation to approve the University Extension Division's
request for funding from the Collier County 4-H Association in the
amount of$79,880, approve a subsequent acceptance of requested
funds, authorize the Chairman to sign a Memorandum of
Understanding with the 4-H Association, and authorize the necessary
Budget Amendment.
9) Recommendation to approve and authorize the Chairman to sign an
Agreement with David Lawrence Mental Health Center (DLC) in the
amount of$360,008 to operate a post-adjudication, court-supervised,
substance abuse treatment program known as the Collier County Drug
Court Program.
10) Recommendation to approve the selection committee rankings and
authorize entering into negotiations with Manhattan Construction for a
contract related to Request for Proposal No. 17-7198, "Construction
Manager At Risk (CMAR) for Collier County Sports Complex."
11) Recommendation to approve Resolutions authorizing submittal of
Federal Transit Administration (FTA) Sections 5310, 5311, and 5339
Rural FY2018/2019 grant applications and applicable documents to
the Florida Department of Transportation (FDOT) to support transit
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December 12,2017
operations and system capital improvements. (Total anticipated fiscal
impact of$2,115,848 with a Federal share of$1,314,678.40, State
share of$145,584.80, and Local match of$655,584.80.)
12) Recommendation to approve and authorize the Chairman to sign one
(1) release of lien for an Affordable Housing Density Bonus
Agreement for a unit sold which is no longer subject to the terms of
the agreement.
13) Recommendation to grant the City of Naples permission to access
County property at Clam Pass to facilitate the post storm clean-up of
adjacent City of Naples property.
14) Recommendation to approve and authorize the Chairman to sign an
amendment to the Interlocal Agreement between Collier County and
the City of Naples governing the reciprocal use of City and County
beach parking facilities as well as parks and recreation programs.
15) Recommendation to approve a donation of$207,175.72 as offsite
preservation for Logan Landings (SDP PL20170000357) to satisfy the
native vegetation retention requirement and authorize resulting budget
amendments. (This is a companion Item to Agenda Item 17.A and
Agenda item 17.B)
16) This Item Continued from November 14, 2017 BCC Meeting,
Item #16D6. Recommendation to approve two State Housing
Initiative Partnership (SHIP) Subrecipient Agreements with Housing
Development Corporation of SW Florida, Inc. d/b/a HELP in the
amount of$24,877 and Rock Island Economic Growth Corporation
d/b/a Economic Growth Corporation in the amount of$24,500 for the
administration of a Homebuyer Education and Counseling Program
for State of Florida FY16/17.
17) Recommendation to ratify the administrative transfer and assumption
of countywide affordable housing impact fee deferrals from the
developer, Habitat for Humanity, to forty-nine (49) owner occupied,
single family homeowners in the Legacy Lakes community under the
authority set forth in Section 74-401 of the Collier County Code of
Ordinances.
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December 12,2017
18) Recommendation to approve the Collier County Consolidated Annual
Performance and Evaluation Report (CAPER) for U.S. Department of
Housing and Urban Development (HUD) for Community
Development Block Grant (CDBG), HOME Investment Partnership
(HOME), and Emergency Solutions Grant (ESG) for Fiscal Year
2016-2017 as required; approve the CAPER Resolution; and authorize
the Chairman to certify the CAPER for submission to HUD.
19) Recommendation to waive competition and authorize the Chair to
execute Contract #17-7212-WV with Commercial Energy Specialists,
Inc. (CES) as the sole-source provider for the purchase of BECS
chemical and pool filtration systems, warranty repair, parts, and
materials and authorize payment of three (3) outstanding invoices in
the total amount of$16,353.10 for goods and services satisfactorily
performed by Commercial Energy Specialists (CES) and for fair value
received.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) 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 fourth quarter of FY 17.
2) Recommendation to approve the removal of uncollectible accounts
receivables in the amount of$887.33 from the financial records of the
Human Resources Division in accordance with Resolution No. 2006-
252 and authorize the Chairman to execute the attached Resolution.
3) Recommendation to renew the Collier County Emergency Medical
Services Division's Certificate of Public Convenience and Necessity
for Advanced Life Support Transport to provide Class 1 Advanced
Life Support (ALS) for one year and authorize the Chairman to
execute the Permit and Certificate.
4) Recommendation to approve a Memorandum of Agreement with the
National Park Service for utilization of a Park Service tower for the
County's P25 Radio system.
5) Recommendation to award RFP #17-7112, Property, Casualty and
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December 12,2017
Workers' Compensation Third Party Administration Services to Johns
Eastern Company.
6) Recommendation to award RFP #17-7190
Utility/Telecommunications Billing Audit" to The Eric Ryan
Corporation (ERC).
7) Recommendation to approve the purchase of Group Health
Reinsurance coverage through SunLife effective January 1, 2018.
8) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement.
9) Recommendation to approve and authorize the Chair to sign the
Assumption Agreement with Water Treatment & Controls
Technology, Inc., as it relates to Agreement No. 13-6162R.
10) Recommendation to authorize Budget Amendments transferring funds
from the General Fund 001 to EMS Fund 490 for the purchase of 40
field computers in the amount of$126,781.60.
11) Recommendation to approve a First Amendment to License
Agreement with Super Towers Incorporated to reflect required
modifications to the County's emergency radio antenna system
located on a leased communications tower.
12) Recommendation to approve an exemption from the Competitive
Process as set forth in the Purchasing Ordinance for Paramedic
Training at Hodges University in the amount of$95,000.
13) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
14) Recommendation to replace and supersede the Florida Forestry
Service Cooperators Agreement dated July 1988 with the Florida
Department of Agriculture and Consumer Services with a new
Memorandum of Understanding Agreement for the statutory defined
Forestry and wildfire services to include expanded mitigation services
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December 12,2017
and financial contributions (Fiscal Impact $75,000).
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve Tourist Development Tax Promotion
funding in an amount not to exceed $65,800 to support the eleven
upcoming January and February 2018 Sports Events and make a
finding that these expenditures promote tourism.
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2017-18 Adopted Budget.
3) Recommendation to accept a report covering Hurricane Irma clean up
and recovery expenses.
4) Recommendation to approve and authorize the Chairman to sign a one
year extension to the Memorandum of Understanding between the
Collier County Board of County Commissioners and the Early
Learning Coalition of Southwest Florida Inc. to provide local match
funding in the amount of$75,000 in Fiscal Year 2018.
5) Recommendation to adopt a resolution authorizing the execution and
delivery of an interlocal agreement providing for Collier County's
membership in the Florida Utility Debt Securitization Authority
(FUDSA).
6) Recommendation approve and authorize the Chairman to execute an
Agreement with Samantha Brown to fund a 2018 Samantha Brown
PBS Travel Show segment in an amount not to exceed $49,750 and
make a finding that this expenditure promotes tourism.
G. AIRPORT AUTHORITY
1) Recommendation to authorize a Budget Amendment in the amount of
$69,998 for the purchase of a Lektro Towbarless Aircraft Towing
Vehicle for the Marco Island Executive Airport.
2) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, adopts the attached Resolution approving the
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December 12,2017
proposed rate schedules for the Everglades Airpark, Immokalee
Regional Airport and Marco Island Executive Airport for 2018.
3) Recommendation to authorize the Chair to execute the attached
Resolution authorizing a temporary reduction or suspension of the
hangar rent for hangars at the Marco Island Executive Airport
partially or completely damaged by Hurricane Irma.
4) This item was continued from the July 11, 2017 BCC meeting.
Recommendation to approve a Collier County Airport Authority
Standard Form Lease and Addendum with Economic Incubators, Inc.
at the Immokalee Regional Airport.
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation that the Board approve a Resolution adopting a
Government-to-Government Tribal Communication Policy Pertaining
to Tribal Governments located in Collier County, Florida.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve the use of$10,000 from the Confiscated
Trust Funds to support the ACT-SO (Academics, Cultural Technical
Scientific Olympic) Program for the National Association for the
Advancement of Colored People (NAACP).
2) Recommendation to authorize execution of the grant award for the
Collier County Sheriffs Office FY2018 VOCA Grant Award in the
amount of$181,805 and appropriate a budget amendment.
3) Recommendation to authorize a budget amendment to increase current
match for the COPS Hiring (2012ULWX008) grant award for the
Collier County Sheriffs Office in the amount of$75,000.
4) Recommendation to authorize a budget amendment to increase current
match for the COPS Hiring (2013ULWX0047) Grant Award for the
Collier County Sheriffs Office in the amount of$50,000.
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December 12,2017
5) To provide the Board of County Commissioners the Clerk of the
Circuit Court's Internal Audit Report 2017-12 Advanced Broadband
Infrastructure Investment Program: Arthrex, Inc. and Arthrex
Manufacturing, Inc., issued on, December 5, 2017.
6) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of December
6, 2017.
7) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between November 2 and November 29, 2017 pursuant to
Florida Statute 136.06.
K. COUNTY ATTORNEY
1) Recommendation to approved a Mediated Settlement Agreement for
the total amount of$96,000.35 for the taking of Parcel 228RDUE in
the pending case styled Collier County v. Baby Brothers Enterprises,
et al, Case No. 15-CA-298, required for the Golden Gate Boulevard
Project, Project No. 60040 (From 12th Street East to west of 16th
Street East). (Fiscal Impact: $55,170.35)
2) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement and Mutual Release in the lawsuit styled Jose
Encalada v. Preferred Materials, Inc. and Collier County (Case No.
15-CA-2124), now pending in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, for $30,000, with
payment to be made by Preferred Materials, Inc. and no contribution
by Collier County.
3) Recommendation to approve a Stipulated Final Judgment in the total
amount of$4,198 for the taking of Parcel 36ORDUE required for the
Golden Gate Blvd. Project No. 60145 (from 20th St. E. to east of
Everglades Blvd.), in the pending case styled Collier County v. Steven
A. Edwards, et al., Case No. 16-CA-1327. (Fiscal Impact: $2,698)
4) Recommendation to approve a Stipulated Final Judgment in the total
amount of$75,000 for the taking of Parcel 366RDUE required for the
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December 12,2017
Golden Gate Blvd. Project No. 60145 (from 20th St. E. to east of
Everglades Blvd.), in the pending case styled Collier County v. Steven
A. Edwards, et al., Case No. 16-CA-1327. (Fiscal Impact: $34,700)
5) Recommendation to approve a pre-hearing Stipulated Order of Taking
and Final Judgment in the amount $56,000 for the taking of Parcel
458RDUE required for the Golden Gate Blvd. Project No. 60145
(from east of Everglades Blvd. to east of the Faka Union Canal), in
the pending case styled Collier County v. CKC Property Holdings,
LLC, et al., Case No. 17-CA-1398. (Fiscal Impact: $56,170)
6) Recommendation to approve an increase in hourly rate fees for
mediation services of Philip Greenwald, Esq., beginning in January
2018 for eminent domain litigation.
7) Recommendation to approve the hiring of Charles R. Forman, Esq.,
for mediation services in eminent domain litigation.
8) Recommendation to reappoint three members to the Collier County
Citizen Corps.
9) Recommendation to approve a Joint Motion and Stipulated Final
Judgment for full compensation in the amount of$200,101, as well as
$50,405.50 for all attorney's fees, expert fees and costs associated
with the taking of Parcel 145DAME for the Royalwood/Whitaker
portion of the Lely Area Stormwater Improvement Project (Project
No. 51101). (Fiscal Impact: $174,676.50).
10) Recommendation to approve a Joint Motion and proposed Stipulated
Final Judgment in the amount of$11,500 for Parcel 178RDUE in the
case styled Collier County v. Christopher Warburton, et al., Case No.
15-CA-335 required for the widening of Golden Gate Boulevard,
Project No. 60040. (Fiscal Impact: $8,500)
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
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December 12,2017
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearin2 be held on this item, all participants are
required to be sworn in. Recommendation to approve a rezone from a
Rural Agricultural (A) zoning district to a Commercial Planned Unit
Development (CPUD) zoning district for the project to be known as the
Logan/Immokalee CPUD, to allow a maximum of 100,000 square feet of
gross leasable floor area for specific commercial uses, for property located
on the southeast corner of Immokalee Road and Logan Boulevard, in
Section 28, Township 48 South, Range 26 East, Collier County, Florida,
consisting of 18.6± acres; and by providing an effective date
[PL20160001089]. (This is a companion item to Agenda Item #17B and
Agenda Item #16D15)
B. Recommendation to approve the single PL20160001100/CP-2016-2, 2016
Cycle 2 Growth Management Plan Amendment specific to the Logan
Boulevard/Immokalee Road Commercial Infill Subdistrict. (Adoption
Hearing) (This is a companion to Agenda Item #17A and Agenda Item
#16D15)
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearin2 be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance No. 2005-19, the Carolina Village Planned Unit
Development by changing the name of the Planned Unit Development to
Vanderbilt Commons PUD; by adding 50,000 square feet of gross leasable
area for a total of 200,000 square feet of gross leasable area for commercial
uses; by decreasing the maximum number of dwelling units from 64 to 58
dwelling units; by revising the legal description and reducing the acreage of
the PUD from 15.88 acres to 14.49 acres; and providing an effective date.
The subject property, consisting of 15.8+/- acres, is located on the north side
of Vanderbilt Beach Road and approximately 1/4 mile east of Collier
Boulevard in Section 34, Township 48 South, Range 26 East, Collier
County, Florida [PUDA-PL20150002166]. (This is a companion to Agenda
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December 12,2017
Item #17D)
D. Recommendation to approve the single, 2015 Cycle 3 Growth Management
Plan Amendment petition CP-2015-2/PL20150002167 specific to the
Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. (Adoption
Hearing) (This is a companion to Agenda Item #17C)
E. This item requires that ex parte disclosure be provided by Commission
members. Should a hearin2 be held on this item, all participants are
required to be sworn in. Recommendation to approve Ordinance
Amending Ordinance No. 05-59, as amended, the Sabal Bay Mixed Use
Planned Unit Development (MPUD), to approve an insubstantial change to
the MPUD to add one new deviation relating to signage, and providing for
an effective date. The subject property is located on the south side of
Tamiami Trail East, approximately one quarter mile east of Thomasson
Drive, in Section 19, Township 50 South, Range 26 East, Collier County,
Florida, consisting of±4.34 acres. [PDI-PL20170000247]
F. This item requires that ex parte disclosure be provided by Commission
members. Should a hearin2 be held on this item, all participants are
required to be sworn in. Recommendation to affirm the decision of the
Collier County Planning Commission and approve an Ordinance Amending
Ordinance No. 03-23, as amended, the Livingston Village Planned Unit
Development (PUD), to approve an insubstantial change to the PUD to
modify provisions relating to street tree standards, and providing for an
effective date. The subject property is located on the east side of Livingston
Road, approximately one mile south of Pine Ridge Road, in Section 19,
Township 49 South, Range 29 East, Collier County, Florida, consisting of
±4.34 acres. [PDI-PL20160002748]
G. Recommendation to adopt a Resolution establishing the Cassena Road
Municipal Services Benefit Unit (MSBU) to provide Collier County potable
water connections, authorize the use of the uniform method of collection for
collecting non-ad valorem assessments to fund the MSBU, and approve an
Interlocal Agreement with the Property Appraiser and Tax Collector to
facilitate such collections.
H. This item requires that ex parte disclosure be provided by Commission
members. Should a hearin2 be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
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December 12,2017
PL20170000727 to disclaim, renounce and vacate the County and the Public
interest in the 20 foot Utility Easement recorded in Official Record Book
2699, Page 2204 of the Public Records of Collier County, Florida. The
subject property is located on the south side of Livingston Woods Lane,
north of the intersection of Pine Ridge Road and Whippoorwill Lane, in
Section 7, Township 49 South, Range 26 East, Collier County, Florida; and
to accept a replacement county utility easement.
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-
PL20170003165, to disclaim, renounce and vacate the county and the public
interest in the utility easement as described in Official Record Book 1148,
Page 230 of the Public Records of Collier County, Florida. The subject
property is located north of Fiddler's Creek Parkway, approximately two-
thirds of a mile east of Collier Boulevard, in Section 15, Township 51 South,
Range 26 East, Collier County, Florida.
J. 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-
PL20170002642 to vacate a portion of the 25-foot drainage easement
located on Lot 15, Nature Pointe, as recorded in Plat Book 20, Pages 20
through 22, of the public records of Collier County, Florida. The subject
property is located on the west side of Gordon River Lane, on the east side
of the Golden Gate Canal, in Section 35, Township 49 South, Range 25 East,
Collier County, Florida.
K. 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-
PL20170002997 to disclaim, renounce and vacate the County and the public
interest in the Raw Water Well Easement, located in Tract F of Heritage Bay
Vistas Subdivision, Plat Book 50, Page 33 of the Public Records of Collier
County, Florida. The subject property is located on the north side of Bellaire
Bay Drive, approximately one third mile east of the Immokalee Road and
Collier Boulevard intersection, in Section 23, Township 48 South, Range 26
East, Collier County, Florida, and to accept a replacement utility easement.
Page 23
December 12,2017
L. Recommendation to adopt an amendment to Ordinance No. 2017-17
extending the temporary moratorium on the opening of certain new cannabis
dispensing facilities from December 31, 2017 to June 30, 2018.
M.
Recommendation to adopt an ordinance reestablishing the County
Government Productivity Committee.
N. 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 a Resolution
designating the Visitor Center, a former hunting lodge, as a historically
significant structure. The subject structure is known as the Pepper Ranch
Visitor Center within the greater Pepper Ranch preserve area of 2,512+ acres
and is located south of Trafford Oaks Road in Immokalee in Sections 26 and
35, Township 46 South, Range 28 East, Collier County, Florida [FID-
PL20160000438].
O. Recommendation to enact an ordinance amending Ordinance No. 2015-36 to
formally adopt, by reference, the Florida Building Code, Sixth Edition
(2017).
P. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2017-18 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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December 12,2017
December 12, 2017
Page 2
MR. OCHS: Ladies and gentlemen, if you'd please take your
seats.
Madam Chairman, you have a live mike. You have a live mike,
ma'am.
CHAIRMAN TAYLOR: Thank you very much.
Good morning, everyone. This is our last meeting of 2017. Glad
to see everyone here.
We have Reverend Beverly Duncan of the United Church of
Christ who is going to give our invocation. And I would like
Commissioner Fiala, please, to give our Pledge of Allegiance.
COMMISSIONER FIALA: Oh, thank you very much.
CHAIRMAN TAYLOR: And then just as a note, the beloved
wife of our Abe Skinner passed away in November, and I would like,
after we have the Pledge of Allegiance, to have a moment of silence,
and especially to hold Mr. Skinner in our prayers. It's not easy,
especially at this time, to lose a partner that you've been with for so
many years. Thank you very much.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE – INVOCATION
GIVEN BY REVEREND DUNCAN OF THE NAPLES UNITED
CHURCH OF CHRIST
REVEREND DUNCAN: Good morning. Let us pray.
Holy one, may the good feelings and tidings this season brings
inspire us to be charitable, generous, and kind no matter where we are
and no matter what's on our agendas. Send our own better angels into
this room and our hearts this morning so we might live up to who we're
sure we are already.
So bless the work that is done here for these commissioners, our
December 12, 2017
Page 3
servants of our community, and we all want the best for Collier
County.
And bless all those people who struggle in this county, that they
may have a share in the bounty we enjoy.
With gratitude and in expectation we pray. Amen, Salaam,
Shalom.
CHAIRMAN TAYLOR: Amen.
COMMISSIONER FIALA: And would you please put your
hands over your hearts, thank you, and say with me...
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN TAYLOR: I'd like to remain standing.
COMMISSIONER FIALA: Can I say a little something about
Martha. She worked for the county for many, many years. And
Martha ran the Housing and Human Services Department, and I want
to tell you, it was like a well-oiled ship just moving along. She had her
-- you know, everything was so, and yet everybody was happy in that
department. It was -- she just did a great job.
You worked with her for many years, didn't you, Leo?
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: Just a wonderful lady. Thank you.
CHAIRMAN TAYLOR: Thank you very much, and thank you
for your words, Commissioner Fiala.
County Manager?
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBER FOR CONSENT
AGENDA.) – APPROVED AND/OR ADOPTED W/CHANGES:
COMMISSIONER SOLIS ABSTAINED FROM VOTING ON ITEM
December 12, 2017
Page 4
#16A6 AND #16A9; COMMISSIONER MCDANIEL VOTES “NO”
ON ITEM #17L
MR. OCHS: Good morning, Madam Chair, Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners meeting of December 12, 2017.
The first proposed change is to continue Item 11C from your
regular agenda to the January 9th, 2018, BCC meeting. That move
was made at the staff's request.
The next proposed change is to move Item 17M from the
summary agenda to become Item 9B. This is a second reading of an
ordinance reestablishing the county government productivity
committee, and this item is being moved at the request of
Commissioner Taylor and Commissioner Solis separately.
And the next proposed change is to move Item 16A29 from the
consent agenda. That will become Item 11K under the regular agenda.
That item is moved at Commissioner Daniel's request.
The next proposed change is to move Item 16E14 to become Item
11L on your regular agenda. That item is moved at Commissioner
McDaniel's request.
And the next proposed change is to move Item 16C5 to become
Item 11M on the regular agenda. That item is moved at Commissioner
McDaniel's request.
There is one time-certain scheduled for today's meeting,
Commissioners. That is Item 11F scheduled to be heard at 11 a.m. It
has to do with the proposed purchase and sale agreement for the
Collier County amateur sports complex.
And those are all the changes that I have, Madam Chair.
CHAIRMAN TAYLOR: Thank you very much.
So we'll ask Commissioner McDaniel if he has any changes or
additions to today's agenda and also to declare any kind of ex parte
December 12, 2017
Page 5
except for the advertised hearing coming before us.
COMMISSIONER McDANIEL: As far as -- no, I have no other
adjustments. I think I did sufficient on the other recommended
adjustments today.
And as far as ex parte on the consent and summary, I believe I
only have one. Maybe I don't.
CHAIRMAN TAYLOR: Take your time.
COMMISSIONER McDANIEL: Yes, I am. On 17A I did have
meetings and emails, on 17C I did have meetings, on 17E I did have
meetings as well, and they're all part of my file.
I would also like to say -- I'm not pulling it for today's agenda, but
Item 17L I want to be recorded as a "no" vote for me. That's the
continuation of the moratorium. I would like to be recorded as such.
CHAIRMAN TAYLOR: Okay, good.
Commissioner Fiala?
COMMISSIONER FIALA: Thank you very much.
On the summary agenda, rather, the consent agenda and the
summary agenda, I didn't have very many things to disclose other than
the Vanderbilt Commons, which is 17C, I had meetings, and one of
them was with Bruce Anderson. Actually, both meetings were with
Bruce Anderson. And I'm sorry he isn't here today. This is his last day
of work with the county, and we're going to miss him a lot. He was just
a super guy, and he would have been here today except that he's taken
ill. And so, what a morning to get ill when we wanted to say, you
know, we love you, Bruce.
Anyway, moving on, we have a lot of items that are --
CHAIRMAN TAYLOR: Yes, I know you have. You're a very
busy lady.
COMMISSIONER FIALA: So are you. But this is all for the
summary and the consent agenda for me.
CHAIRMAN TAYLOR: Commissioner Solis?
December 12, 2017
Page 6
COMMISSIONER SOLIS: I don't have any ex parte things to
disclose on the consent or the summary, but I do have a conflict on
16A and -- I'm sorry -- 16A9 and 16A6, which are WCI and Lennar
conveyances of utilities. So I'll abstain from those votes.
CHAIRMAN TAYLOR: All right.
COMMISSIONER SOLIS: That's it. Thanks.
COMMISSIONER SAUNDERS: Thank you. I have one ex
parte on the summary judgment -- summary agenda.
CHAIRMAN TAYLOR: That's all right.
COMMISSIONER McDANIEL: Could be a summary judgment.
COMMISSIONER SAUNDERS: Too used to saying that.
17C, I did have communication with Mr. Anderson concerning
that as well, and then one item to remove from the consent agenda;
16C5. I'd like to have a conversation about that. That's the payment to
AshBritt Environmental for food services. I think there needs to be
some clarification.
COMMISSIONER McDANIEL: I thought we already pulled
that.
CHAIRMAN TAYLOR: And that was already pulled by
Commissioner McDaniel, yes.
COMMISSIONER SAUNDERS: I'm sorry. Well, then in that
case, I have nothing else to add.
CHAIRMAN TAYLOR: All right, good. And I would also like
to pull an item for a discussion. It would be 16A1, which is the
interlocal agreement with the City of Naples for their license plate
reading cameras. Some general questions, but I think we need to bring
it out.
And, also, I have no ex parte except for 17C, and I've had emails
and meetings regarding the Vanderbilt Commons PUD.
MR. OCHS: Madam Chair, 16A1 will become Item 11N on your
regular agenda.
December 12, 2017
Page 7
CHAIRMAN TAYLOR: Okay. That doesn't sound good, does
it? N.
MR. OCHS: No, we're getting through the alphabet here.
CHAIRMAN TAYLOR: Okay, all right.
COMMISSIONER FIALA: I had a question. And I asked this of
Leo, and I got my answer. But just for a matter of public record, one
of them was the 16C5, so you've already taken care of that. 16D4 was
the Kraft space.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER FIALA: And you were just talking to us
about -- talking to me about it. I asked you about it yesterday in my
office. Maybe you could just explain it just a little bit so everybody
understands that.
MR. OCHS: Yes, ma'am. Very briefly, during the hurricane the
roof was torn off of the IFAS building that houses your county staff
and the state staff that provide extension services to the community.
So we're trying to find some temporary office space for them while
that building is repaired, and that will take approximately a year by the
time we get that ready for re-occupancy.
So this is a temporary lease for those state and county employees
that provide those services to the community.
COMMISSIONER FIALA: And I had asked Leo yesterday, I
said, well, you know, the hurricane was a couple months ago. Where
are they? He was explaining they're scattered all over.
MR. OCHS: Yes, ma'am. We're stashing them in bits and drabs
in little cubbies in community centers, and it's really important that we
get them back together so that they can operate more efficiently and
effectively on behalf of their customers.
COMMISSIONER McDANIEL: Madam Chair, I did inquire as
well, and I spoke to Mr. Carnell with regard to this, because they've
been stashing a lot of these folks at our Max Hasse Park, which is
December 12, 2017
Page 8
getting into the intermingling of what our Parks and Rec, in fact, does.
One of my questions had to do with whether or not we publicly
advertised for the necessity of a lease, and I was -- I have learned that
we aren't required to advertise when we're looking for lease space.
So one of the discussions I had with our staff was maybe we
make some policy adjustments to add that into our sites as far as when
we're looking for space, to let folks know that. And, again, we're going
to come through the process. But I satisfied myself with conversations
that I had with staff in regard to that.
COMMISSIONER FIALA: Okay.
MR. OCHS: Commissioner, just on that score -- and I appreciate
that, Commissioner. We're happy to do that. I do want the Board to
know that our real estate services staff did evaluate at least six other --
CHAIRMAN TAYLOR: Yes.
MR. OCHS: -- locations and did a full evaluation. So this wasn't
just picked out of a hat.
COMMISSIONER McDANIEL: And that was all part of the
backup as well.
MR. OCHS: Understand.
COMMISSIONER McDANIEL: Yes, sir.
CHAIRMAN TAYLOR: All right. Very good. I believe we
have some speakers on the consent agenda.
MR. MILLER: Actually, that item you pulled to 11N, 16A1. So
I moved those speakers to that item.
CHAIRMAN TAYLOR: Oh. Do they understand it's, okay --
MR. MILLER: I will explain, but I'm sure they understand.
CHAIRMAN TAYLOR: Yeah. It's going to be late in the day, if
not this afternoon, probably this afternoon before we discuss that.
MR. MILLER: Yes, ma'am.
CHAIRMAN TAYLOR: Good. Okay. That's about the license
plate cameras the City of Naples is deciding to do.
December 12, 2017
Page 9
Okay. Very good. So I guess we're now down to, do I hear a
motion to approve the agenda and minutes as we have now modified
it?
COMMISSIONER FIALA: Motion to approve the minutes and
agenda, especially the agenda as we have changed it around a little bit,
so our corrected agenda, our changed agenda, please, I make a motion
to approve.
CHAIRMAN TAYLOR: Do I hear a second?
COMMISSIONER SAUNDERS: Second.
CHAIRMAN TAYLOR: Okay. Motion on the floor and a
second to approve. All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Well, we got through that. That was kind of tough. Hopefully
the rest of the meeting goes a little smoother.
COMMISSIONER FIALA: It went just fine. You did a good
job.
CHAIRMAN TAYLOR: Thank you.
Proposed Agenda Changes
Board of County Commissioners Meeting
December 12,2017
Continue Item 11C to the January 9,2018 BCC Meeting: Recommendation to waive
competition as a single source vendor and award a contract to US Submergent Technologies in an
estimated amount of$1,000,000 for the removal of sand,grit and debris at the North County Water
Reclamation Facility resulting from Hurricane Irma recovery operations under Project No.50154.
(Staff's request)
Move Item 17M to Item 9B: Recommendation to adopt an ordinance reestablishing the
County Government Productivity Committee. (Commissioner Taylor and Commissioner
Solis' separate requests)
Move Item 16A29 to Item 11K: Recommendation to authorize the publication of Collier
County's notice of intent to utilize the uniform method of collecting non-ad valorem assessments
in unincorporated Collier County in accordance with F.S. 1973632(3)(a),in consideration and as
part of the Stormwater Utility Phase II process. (Commissioner McDaniel's request)
Move Item 16E14 to Item 11L: Recommendation to replace and supersede the Florida
Forestry Service Cooperators Agreement dated July 1988 with the Florida Department of
Agriculture and Consumer Services with a new Memorandum of Understanding Agreement for
the statutory defined Forestry and wildfire services to include expanded mitigation services and
financial contributions(Fiscal Impact$75,000). (Commissioner McDaniel's request)
Move Item 16C5 to Item 11M: Recommendation to approve payment in the amount of
$344,862 to Ashbritt Environmental for food services procured as a result of Hurricane Irma.
(Commissioner McDaniel's request)
Time Certain Items:
Item 11F to be heard at 11:00 a.m.
12/12/2017 8:45 AM
December 12, 2017
Page 10
Item #2B
BCC/REGULAR MEETING MINUTES FROM OCTOBER 24-25,
2017 – APPROVED AS PRESENTED
MR. OCHS: Commissioners, Item 2B is a recommendation to
approve the BCC Regular Meeting Minutes from the October 24th,
25th, BCC Meeting.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
Item #2C
BCC/INFRASTRUCTURE SALES TAX AND HURRICANE IRMA
AFTER ACTION WORKSHOP MEETING MINUTES FROM
NOVEMBER 7, 2017 – APPROVED AS PRESENTED
MR. OCHS: Item 2C is a recommendation to approve the
Minutes of the November 7, 2017, Board Infrastructure Sales Tax and
Hurricane Irma After-Action Workshop.
COMMISSIONER FIALA: So moved.
COMMISSIONER McDANIEL: Second.
December 12, 2017
Page 11
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: Second.
COMMISSIONER McDANIEL: Third.
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: Thank you very much.
Item #2D
BCC/REGULAR MEETING MINUTES FROM NOVEMBER 14,
2017 – APPROVED AS PRESENTED
MR. OCHS: Item 2D is a recommendation to approve the
Regular Board Meeting Minutes from the Meeting of November 14th,
2017.
COMMISSIONER FIALA: And, again, motion to approve.
CHAIRMAN TAYLOR: Second.
All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
December 12, 2017
Page 12
CHAIRMAN TAYLOR: Thank you very much.
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS – ADOPTED
Item #4A
PROCLAMATION DESIGNATING JANUARY 16, 2018 AS
NATIONAL RELIGIOUS FREEDOM DAY IN COLLIER
COUNTY. ACCEPTED BY REPRESENTATIVES OF THE SALT
& LIGHT ADVISORY COUNCIL: GREG HARPER, FR.
MICHAEL ORSI, FR. PHILEMON PATITSAS, PASTOR TOM
HARRIS, PASTOR RICK BALDWIN AND PASTOR GREG BALL
AND DR. ROBIN WILKENING– ADOPTED
MR. OCHS: Commissioners, that takes us to proclamations.
Item 4A this morning is a proclamation designating January 16, 2018,
as National Religious Freedom Day in Collier County. To be accepted
by representatives of the Salt and Light Advisory Council: Greg
Harper, Father Michael Orsi, Father Philemon Patitsas, Pastor Tom
Harris, Pastor Rick Baldwin, Pastor Greg Ball, and Dr. Robin
Wilkening.
If you'd all please come forward and accept your proclamation.
(Applause.)
COMMISSIONER FIALA: Thank you for all you do.
UNIDENTIFIED SPEAKER: May I just comment?
CHAIRMAN TAYLOR: Yes, of course.
UNIDENTIFIED SPEAKER: Thank you. Put on my optical
enhancers here.
December 12, 2017
Page 13
Thanks again for issuing this proclamation. I believe it's the
fourth year that the commissioners have issued a Religious Freedom
Day Proclamation.
And what I'd like to do is just read a short portion of it to give
people a better understanding of what the proclamation is doing and
how we use it here in Collier County. So I'm going to read a brief
excerpt from the -- let's see. Okay.
So the proclamation has been given since 1992, and the
proclamation is given in recognition of Thomas Jefferson's Virginia
statute on religious freedom. That document is considered kind of the
seminal document on religious freedom and protecting religious
liberty, and the statute inspired religious liberty protections in our First
Amendment. That Virginia statute was written and it was actually
approved by the Virginia House of Burgesses in 1786.
And we use that here in Collier County on January 16th of this
year, or excuse me, of 2018. We'll be taking bibles into all the Collier
County high schools and distributing them to students. They are put
out on tables, and the students can pick up a Bible if they wish. We've
been doing that for nearly 10 years and average about 800 bibles being
picked up by students. And we're very happy to do this on Religious
Freedom Day.
Thank you.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING JANUARY 6-14, 2018 AS
KINDNESS AWARENESS WEEK IN COLLIER COUNTY.
ACCEPTED BY BETH HOUSEWER, BOB VOTRUBA AND HIS
DOG BOGART – ADOPTED
December 12, 2017
Page 14
MR. OCHS: Item 4B is a Proclamation Designating January 6
through January 14, 2018, as Kindness Awareness Week in Collier
County. To be accepted by Beth Housewert of the Galisano Children's
Museums of Naples, and Bob Votruba and his dog Bogart. If you'd
please step forward.
(Applause.)
COMMISSIONER FIALA: First the picture.
CHAIRMAN TAYLOR: Because it's Christmas, will you tell us
a story about Bogart?
MR. VOTRUBA: Yes, I will.
COMMISSIONER FIALA: He is a regular speaker.
MR. VOTRUBA: Good morning, everyone, and thank you for
this Fifth Annual Collier County Kindness Awareness Week.
And, yeah, Bogart -- actually, today is Bogart's 53rd birthday in
dog years. So we won't sing Happy Birthday. But, you know, I've had
Bogart now for eight-and-a-half years, and he and I travel the country
on the kindness bus. You may have seen the painted-up bus
throughout Collier County and a guy on a bicycle. Well, that's us
trying to raise awareness around our country about having kindness in
our lives.
And that's what this is all about. It's all of us being role models to
our children and to each other, and it's all about doing that one act of
kindness that might be witnessed by others and change their lives. It
may sound, you know, maybe cliche or something about being kind,
but one little act of kindness can truly change a life, and that's what we
ask you to do during Collier County Kindness Awareness Week is to
help a neighbor, help a friend, help somebody who needs a little
helping hand up.
We can all do one more act of kindness every day, that's for sure.
Just think about it, one act of kindness a day. But you know what, we
all have the opportunity to do many acts of kindness during the course
December 12, 2017
Page 15
of our day, during the course of our lives that will inspire children
across the country.
I'm very pleased to be able to go to the Collier County schools
while I'm here during the six months, and just received a wonderful
letter from the superintendent, Kamela Patton, a couple of days ago.
And our tie this year is to the C'mon Children's Museum, and I'd like
Beth Housewert to say a word or two.
MS. HOUSEWERT: Thank you so much for the proclamations
and asking us to be here today.
I, too, echo the thoughts of Bob and Bogart, but I also think that
the timing of our kindness week this year is also very wonderful
because it starts our year off right. It starts our year off with kindness
and reminds us, really, that every day should start with kindness.
So the Children's Museum is so happy to partner and have a
kickoff event for this Kindness Week in conjunction with Collier
County and the school district and with one million acts of kindness.
So thank you so much.
(Applause.)
MR. OCHS: Madam Chair, if I could have a motion to approve
today's proclamations, please.
COMMISSIONER McDANIEL: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN TAYLOR: Motion on the floor and a second. All
those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
December 12, 2017
Page 16
CHAIRMAN TAYLOR: It carries unanimously. Thank you.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR DECEMBER 2017 TO SPRINGHILL SUITES
AND FAIRFIELD INN & SUITES BY MARRIOTT. TO BE
ACCEPTED BY TRACY ARMAN, GENERAL MANAGER, AND
LIZ SANDERS, DIRECTOR OF SALES. ALSO PRESENT IS
BETHANY SAWYER, MEMBERSHIP ENGAGEMENT
SPECIALIST, GREATER NAPLES CHAMBER OF COMMERCE
– PRESENTED
MR. OCHS: Item 5A is a presentation of the Collier County
Business of the Month for December 2017 awarded to Springhill
Suites and Fairfield Inn and Suites by Marriott. To be accepted by
Tracy Arman, General Manager, and Liz Sanders, Director of Sales,
along with Bethany Sawyer, Engagement Specialist from the Greater
Naples Chamber of Commerce.
If you'd please step forward and receive your award.
MS. ARMAN: Good morning. My name is Tracy Arman, the
General Manager at the Springhill Suites and the Fairfield Inn and
Suites.
First and foremost, thank you so very much on behalf of myself
and my entire staff. We are incredibly humbled by this honor, so thank
you again.
We also wanted to say, I know that everyone in this room, either
themselves or someone that they love, was affected by Hurricane Irma,
and I do know that throughout the whole experience, which was my
first and many of my team's first, we did meet some incredible people
of which we still continue to have weekly and monthly luncheons with
December 12, 2017
Page 17
them in the community.
And, again, I just wanted to say thank you, and we are proud to
receive this honor, and we look forward to working with the
commissioners on the sports complex that's coming up. And we hope
you all have a great holiday. Thank you again.
(Applause.)
Item #5B
PRESENTATION BY MR. JOHN SCHMIEDING, SENIOR VICE-
PRESIDENT AND LEGAL COUNSEL FROM ARTHREX INC.,
REGARDING THEIR RECENT EXPANSION AND FUTURE
PLANS IN COLLIER COUNTY - PRESENTED
MR. OCHS: Commissioners, we're honored this morning on 5B
to be joined by Mr. John Schmieding, the Senior Vice-President and
Legal Counsel for Arthrex Incorporated who's going to share some of
their company's plans for future expansion here in Collier County.
Mr. Schmieding, Good morning.
MR. SCHMIEDING: Good morning.
Madam Chair, Honorable Commission, thank you for having me
very much. We appreciate your support through the past. And, as the
younger Schmieding of the brothers, I'm here --
CHAIRMAN TAYLOR: Schmieding the younger.
MR. SCHMIEDING: Here looking toward the future.
Many of you know the story of Arthrex. My brother started the
company in the early '80s and -- I'm just trying to find the right button
here -- started the company in the early '80s, focused in bringing the
company to the United States in 1991, and from that point forward,
with two employees, we've grown to over 3,000 here in Southwest
Florida.
December 12, 2017
Page 18
But the story you probably don't know is we both are privileged
because of a special gentleman, our father, who was an immigrant to
this country in 1950. And without his immigration and commitment to
ensure we were born in this country to have these opportunities, we
would not be here today. So he's watching on television right now
from Collier County. He's 92 years old, and a wonderful man, so I
wanted to honor him by mentioning him.
As you see and as you know, we've made a concerted effort to
manufacture in the United States of America. We made that decision a
long time ago, and today 95 percent of our products are made in the
United States with 75 percent of those made right here in Southwest
Florida.
We've obviously had a commitment to quality, and in that
commitment we've focused our manufacturing in an area we thought
would be best for growth. We have now over 300,000 square feet in
Ave Maria with the new section of our facility completely validated
and up and running.
It is a testament to our investment and commitment to Southwest
Florida, and we continue to have that today.
This is not the manufacturing that I grew up representing clients
of in Detroit. It is clean manufacturing. The facilities I've worked
with and clients I've represented, you would want to wash your hands
and your feet after you left the facilities, but here you can almost eat
off the floor. These are high-level, high technologically advanced
manufacturing positions.
They not only provide a sustainable living for our employees, but
they provide a clean environment for them and a healthy work
environment. We are very proud that we're a zero-output facility
where any process that we undertake has only a steam output into the
environment. So we're very conscientious about where we're located
near the Everglades, and we continue to maintain that as we grow out
December 12, 2017
Page 19
there.
We have almost 700 employees on our Creekside campus, and
over 1,500 now are out in Ave Maria. We've decided to make that
move from Creekside and take all the manufacturing and push it out to
Ave Maria because it is more inducive and conducive to employment
for manufacturing positions out there.
Our original intent several years ago was that it would be a
catalyst for that region to help individuals in Immokalee and elsewhere
to find good working jobs. That has been a mission of ours as we
undertook to train in advanced manufacturing techniques individuals
on our own.
As you see, our growth is expected to continue. We're going to
continue to invest in this region and in the manufacturing of products
in the United States. With that intent, as you know and as this board
has approved, we've committed to investing millions, hundreds of
millions of dollars in our construction of several new facilities to bring
in at least a thousand more jobs in the next eight years.
The one facility on our Creekside campus will be the head and
global head of administration for the company. It will be not only
300,000 square feet but have capabilities for conferences. We will
have a hotel for our guests, employees, and vendors who come from
around the world, and it will have a wonderful aesthetic and green
space to accommodate and fit in with the community.
So with all that said, it will provide, starting today and tomorrow,
we're beginning the destruction of the old manufacturing facility, 1,200
construction jobs in the next two years. This will then translate to over
560 immediate new jobs in this administration building, providing over
$15 million in taxes to respective governments, but we've committed
all this money, and we have a problem, and that's why I'm here today.
If you went on our website today, there's a little tab that says
career options. You can open that tab and look at all the jobs
December 12, 2017
Page 20
throughout the country that we hold. There's over 100 jobs in Collier
County right now that remain unfilled. And these are high-paying,
strong manufacturing jobs, and there is a multi-faceted reason of why
we can't fulfill these jobs.
Mainly, the first issue is advanced manufacturing training. As
you may know, our chamber has submitted for a grant to the governor
to help support and advance the Immokalee Technical College
capabilities, expand and promote advanced training that will fulfill our
needs and go beyond what we can do internally. The problem is other
regions have done this for the past 15 years. We're literally 15 years
behind the curve of preparing our workforce for these types of
advanced clean manufacturing jobs, and that's a serious issue.
In conjunction with that and commensurate with advanced
manufacturing training is workforce housing. You need affordable
housing in order to accommodate advanced manufacturing training.
So as you heard, we made the decision to move immediate need
to South Carolina. That was a very, very tough decision for us.
Although it is a very small slice of the Arthrex pie, and we continue to
invest in this region, we couldn't fill jobs that surgeons needed us to fill
to make products that make us all better.
So some of the points I wanted to highlight with you are on this
slide. Arthrex has taken care of the bottom line. We -- our median
income for our employees is above what the middle South Carolina
income is. The areas that need to be addressed are the top two, which
correlate with the two points I raised: Advanced manufacturing
training and affordable housing.
South Carolina provides housing at half the cost, and they pay
more than the community does as a whole.
Without being able to house our employees, we can train all we
want, and we will not still get people to be recruited to come down
here or to stay here.
December 12, 2017
Page 21
Some of the advanced techniques that areas like South Carolina
are graduating high school students at are advanced C&C machining,
so they're graduating from high school with the capability to work in
our facility immediately. They're progressing through very
complicated process engineering capabilities and training on multiple
access manufacturing process mechatronics, which is like robotics, and
other techniques that we simply just don't do here. A lot of wonderful
individuals have made great strides in our manufacturing training, but
we just aren't at the level to compete with other areas.
So support of that grant and support of our commitment to donate
machinery, time, effort will solve a tremendous need in this
community for the long term.
But if I may go off from representing Arthrex for a moment, one
of the most important things this community needs to focus on is early
childhood education. We're seeing, as we hire individuals now who
have no training and have to try to attempt to train them ourselves, a
lack of the early childhood skills that are taught before the age of five.
When -- if you take the studies that are true that low-income housing --
children who grow up in a low-income household hear 30 million less
words than a child in a higher economically privileged household, by
the age of five they're so far behind educationally that they can't catch
up even through high school.
So I can talk about advanced manufacturing training all day long,
but if the students are not prepared through mathematics and the
underlying curriculum, STEM-styled educational needs, then they will
never even be able to make it the advanced manufacturing capabilities,
and we will now not have a -- we'll have training capabilities but a
workforce that can't participate in it. So that's just a little opinion of
mine.
So as for housing, of course, you prudently advised the
Community Housing Plan to be created, and it's a document we
December 12, 2017
Page 22
supported and represented and served on the committee, and I know
you're considering that plan.
If you look at that plan it states that 15 percent of Collier's
workforce commutes from outside the county. Well, Arthrex's
workforce is over 30 percent commuting from outside the county. That
translates to thousands and thousands of extra commuters on our roads,
lost productivity, and, of course, loss with family and social time that
creates a happy and healthy workforce.
So affordable housing, it's hard to get your mind around, and that
plan does a very good job of describing it.
It's not just your manufacturing and low-income jobs that you're
trying to fulfill. We're losing positions in the high-level senior
engineering areas because they can't afford to live here. So if that's an
issue, all things that trickle down below that are going to be a huge
issue.
So we simply can't pretend that our obligation to house
individuals is limited by a market analysis or a market focus. A
market focus will only create and encourage this disparity of
opportunity, because as the market drives people out of the workforce
or out of the ability to be housed here in the county, companies like
Arthrex will be forced to take a piece of the pie somewhere else, and
we don't want to do that. We want to continue, and we have made a
commitment to invest in here, but what will happen in the future is 10,
15 years from now, your actions will translate into a workforce that
will continue to grow with Arthrex.
So if I can leave you with anything, the Urban Land Institute's
comment that struck me the most in that plan was the real thing Collier
County needs to do is action and implementation. We've got to do
something.
When I traveled around the country, or around the state, in my
Leadership Florida class, I realized that, you know, advanced
December 12, 2017
Page 23
manufacturing training is a huge, huge issue. Immokalee is suffering
because people can't break cycles, and if you don't provide the
necessary tools for them to get out -- we provide the job, but you now
have to train the workforce.
So I ask you to be committed to action, whatever it may be. I
don't have all the answers. Smarter people than I have looked at what
needs to be done for affordable housing, but supporting those two
things help us succeed in the future. And, you know, as you know, our
projected impact on this area's economy is over a billion dollars.
Currently it's at a billion dollars, and by 2020 we'll have an economic
trickle-down impact of probably $2 billion.
With the 25,000 visitors we bring in, the numerous vendors we
utilize locally, it has a tremendous effect, and these are sustainable
year-round jobs that this county has shown your support for and now
needs to plan for maintaining.
So I thank you for your time, and I hope you take that to heart.
Thank you.
CHAIRMAN TAYLOR: Thank you. Thank you so much for
your candid presentation. I think we -- it's very easy sometimes to silo,
well, you know, here's affordable housing and here's economic
development and here's tourism. You can't separate economic
development from workforce housing/affordable housing. You can't
do it, and you've just said it. I really, really appreciate that.
We are -- we are struggling with it because we're changing --
we're not changing. We're hopefully responding to a new economy,
and that will not negate tourism, not negate the beauty of this
community, but will add to it and will keep our youth here, which is
critical. So thank you so, so much for your candor.
MR. SCHMIEDING: No problem. Thank you.
COMMISSIONER FIALA: Thank you.
It's interesting that you're here, because I was just talking with
December 12, 2017
Page 24
Leo and Nick yesterday. The stuff has been going through my head.
We keep throwing more and more money into housing that's
affordable. We keep coming up with low-income housing. I know
from this end, and other people have said it, too, we need housing for
that middle income. I keep saying we need middle class. We need
median-income housing, but it finally dawned on me. It takes a long
time to get through this rock, but eventually it gets there, and that is,
the reason we're not building any of it is because the state legislature
have rules that says the money only goes for low income, so that's why
we keep coming up with the same thing.
We need to -- we've got people going up to Tallahassee and
working with the Florida Association of Counties coming up right
now. And unless we can get our legislators to adjust those so that we
can use that money to build middle-income housing, median-income
housing, we're going to continue to be stuck with the same thing.
And so just maybe with, even with your participation -- and I hate
to ask you that, but maybe you can help us to unravel what's going on
so we can come up with the things that will allow us to use
government funding to help us build that middle-income housing that
we so need, even for nurses and so forth. We always say we're going
to build it for nurses and X-ray techs and so forth, but we don't.
So maybe, just maybe, we can talk with the people in Tallahassee.
We've got two guys down here that are really good in Tallahassee, and
just maybe they can assist us as well. That's you. Yeah, you two. So
that was all.
MR. SCHMIEDING: Thank you.
COMMISSIONER FIALA: It's -- the rules that the state has have
prevented us from building the kind of housing that you need.
MR. SCHMIEDING: Thank you. You have our full support in
any proposal, so...
COMMISSIONER FIALA: Thank you.
December 12, 2017
Page 25
COMMISSIONER SAUNDERS: Madam Chair?
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER SAUNDERS: Oh, I'm sorry.
COMMISSIONER McDANIEL: No, no.
John, don't go away. First off, I have visited the facilities in Ave.
And for my colleagues that have yet to visit, I highly recommend that
you go if you haven't yet. It's an amazing experience. They do -- they
do an amazing job there.
John, you brought up a couple of points that I would like to
address, and I think you hit them well.
I am a member of the Immokalee Rotary. We meet at the I Tech
Center. I have seen the extremely constrained facilities that are
available at the I Tech Center, and I want to share with you that I've
spoken to the principal over there, and I have some ideas as to
suggestions that we might be able to do to assist with that expansion.
My concern -- and I would like to also offer up a meeting with
you, myself -- we do not want to have the discussion that we're having
today 15 years from now. You aptly pointed out that we are 15 years
behind, and we certainly don't want to have this discussion again 15
years from now.
So moving forward, I would like for you to know that I will
champion ideas and suggestions as we are looking to support all of this
amazing economic base to our community. I've said for years and
years and years the path to long-term economic prosperity for all of the
residents of Collier County is through non-construction related
industry such as yours, and you're a poster child for that.
In regard to the housing affordability, I would also like to suggest
-- and it's an opportunity for me to promote -- one of the largest
expenses in constructing a new home in Collier County is our impact
fee structure. And there is a pilot program that is available in the
Immokalee CRA area that allows for an amortization of those impact
December 12, 2017
Page 26
fees in lieu of paying them up front and including them in your
mortgage payment.
One of the things we learned in the report from the ULI is every
thousand-dollar increase in purchase price of a home precludes 133
people from qualifying to purchase that home.
So this is a mechanism -- we just established it here a couple
months ago. Started in October. If you aren't aware of it, I'd be happy
to share with you, but this is an avenue that can allow for greater
housing affordability yet still being able to utilize those impact fees for
that growth and development.
So I also, just for your knowledge, in the spring have several
other initiatives that I'm going to bring forward to suggest to assist us
with this housing affordability issue.
COMMISSIONER FIALA: So let me ask you this. As John
Schmieding was just saying, they've got people that make too much
money for affordable housing --
COMMISSIONER McDANIEL: Correct.
COMMISSIONER FIALA: -- you know, they're upper level, and
they want to educate them even more. Has there been anything like
that built in Immokalee that would be the middle income?
COMMISSIONER McDANIEL: Not as of yet.
COMMISSIONER FIALA: Right.
COMMISSIONER McDANIEL: I mean, there are a couple of
nice subdivisions over in Immokalee that, in fact, could utilize and are
at those price points. There are a couple of them.
COMMISSIONER FIALA: So maybe, you know, working up in
Tallahassee again we can expand those rules to cover the housing that
not only -- not only Arthrex but so many other companies around here,
whether it be hospitals, whether it be Sheriff's Office, everybody needs
that middle-income housing, and they have to drive to Fort Myers in
order to get, so...
December 12, 2017
Page 27
COMMISSIONER McDANIEL: And not to get into a big
discussion. I know we have a very long agenda --
CHAIRMAN TAYLOR: Yeah, I'm sorry. We've got a huge
agenda today, so maybe we can save this for correspondence and
communication.
COMMISSIONER FIALA: Okay.
CHAIRMAN TAYLOR: All right. Commissioner Saunders?
COMMISSIONER McDANIEL: Really?
COMMISSIONER SAUNDERS: Thank you for the information.
I'm assuming it was not an accident that we're dealing with the sales
tax this morning as well, and your timing is excellent. I think that's
going to have a real impact on some of the decisions we're going to
make in reference to that sales tax. And I don't know if you're going to
be sticking around for that or, perhaps, monitoring it from your offices,
but that's going to be an interesting conversation.
I think what you've said will have an impact on some decisions
we make in a positive way for those types of training facilities that
you're talking about.
I would like to get a copy of the presentation. We may already
have that but, Mr. Manager, if you could email that, I'd appreciate that.
There's some information in there that I think was extremely well put
together, so I would just compliment you for that and look forward to
dealing with this training issue as well as the affordable housing issue.
MR. SCHMIEDING: Wonderful. Thank you so much.
CHAIRMAN TAYLOR: Yes?
COMMISSIONER SOLIS: And I'll be very brief. And I'd just
like to echo my colleagues' words and thank you for being here and
presenting this information. I think it's important that the residents in
Collier County understand, one, the commitment that Arthrex has
made to Collier County and, two, how vital it is for our economy.
It is -- you know, and the potential. If we work together, the
December 12, 2017
Page 28
potential that Arthrex presents for diversifying the economy. And, you
know, I certainly understand and appreciate that we have these two
difficult issues to tackle, but having you here and presenting this
information, I think, is very, very helpful. So thanks for doing that.
MR. SCHMIEDING: You're welcome. Thank you.
COMMISSIONER FIALA: Commissioner, weren't you going to
say something else?
COMMISSIONER McDANIEL: It was just a point on what you
and I were discussing with regard to housing affordability and, just as a
notion, it all doesn't come from government subsidation. The efforts of
our Housing Department regularly does, which then is impacted by
statute.
I'm working on initiatives to adjust regulations and expenses
associated with development that will then create housing
affordability. Just as a point.
CHAIRMAN TAYLOR: All right. Thank you very much.
MR. SCHMIEDING: Thank you very much.
MR. OCHS: Thanks, John.
Item #5C
HURRICANE IRMA STATUS REPORT FROM DAN SUMMERS,
BUREAU OF EMERGENCY SERVICES DIVISION DIRECTOR –
PRESENTED
MR. OCHS: Madam Chair, that takes us to Item 5C this
morning. This is an update and status report on Hurricane Irma
Response and Recovery efforts to date from your Emergency Services
Division Director, Dan Summers.
Mr. Summers?
MR. SUMMERS: Thank you, Mr. Ochs.
December 12, 2017
Page 29
Commissioners, Good morning. Dan Summers, Director of the
Bureau of Emergency Services and Emergency Management.
And I'm very happy to be in front of you today and, again, we
certainly understand that response is hard and recovery is harder, and
it's affecting lots of areas in our community, and I want to thank you
all for your continued support for the community, the private,
nonprofit sector, as well as the support to county employees.
Let me give you just a quick little thumbnail sketch today. We'd
like to make sure that we focus with you on three things: That's our
survivor and neighbor assistance, our debris removal, and some
operating posture there as to where we are with some transitional
efforts and debris removal and certainly take your questions and
comments.
A little bit of an eye chart here in terms of numbers. But there's
goods news here. The Collier County engagement, its employees with
FEMA, 72,438 residents in Collier County have engaged with FEMA.
So they have definitely gotten some help.
I met with the disaster assistance teams yesterday in terms of the
areas that they've canvassed, the disaster recovery centers that they've
set up. The public engagement was most extensive. And I think they
are to be applauded for that effort.
As we started to wind down the closure of the disaster assistance
centers, we worked hard. We had to fight a battle with the State, but
we did get the disaster recovery center staff on site both in Immokalee
and Everglades City one more time for either additional registration or
to answer questions for those folks getting FEMA assistance.
Nine million dollars has been made available under what's termed
the general housing category; $9 million has been disbursed to
residents in Collier County for some type of housing assistance.
Twenty-three families are in hotels outside of Collier County.
That's down from 42. That means they're working on other placement
December 12, 2017
Page 30
strategies.
Sixty-four families are in hotels in Collier County, and that's
down from 95.
As I've said before, temporary housing, long-term housing, is not
a fast process with FEMA. We understand that, and they're certainly
working in a case management environment to support those families.
The percentage of housing inspections changed. It was, earlier in
the month, at 99 percent. It's 98 percent of housing inspections, and
that's just indicative of new registrations. But if you'll remember,
FEMA was quite shorthanded early in the event to get these housing
inspections done which are necessary in order to receive FEMA
housing assistance.
Forty-four families are eligible for FEMA supplied housing,
down from 89. Now, there are three housing options, if you'll
remember. The hotel was certainly one, the direct assistance which is
something like renting an apartment or even a duplex for up to 36
months, and that last, but not least, was the travel trailer on site as an
option or travel trailer at a commercial RV park.
We now have 25 families that have moved into the travel trailers.
Two additional trailers were delivered yesterday to Plantation. That
was actually two trailers -- two travel trailers for a large family. So
that was set up yesterday. Don't have a move-in date, but I know that
the delivery was scheduled.
Twelve RVs are set up at commercial sites; three more at private
sites, and then the direct leasing goes back to the apartment or the
condo or the duplex.
Twenty-three million has been provided total in housing
assistance, and that's up from $21 million. And, again, we remind
folks that FEMA's standard loss review is to have an on-site inspection
of the property.
Real quick, in debris removal, Dan Rodriguez's team has just
December 12, 2017
Page 31
done a phenomenal job there. Their management team is based in the
Emergency Operations Center. I get the opportunity to visit with them
every couple of days. And if you'll look at the numbers of these
challenging activities within debris removal, not only the horticultural
waste, the piles that are beside the street, but the hangers and the
leaners, those that are very challenging for debris removal require
power right-of-way review, et cetera, to be down to 47 at this
engagement is a phenomenal leap in their project management and,
certainly, they're to be commended for that.
The citizen drop-off sites remain the same. We've had that
information in front of you before. And, again, as our Public Utilities
Division and Solid Waste begin transitioning for some of their other
projects, I know that there are some folks still coming into town that
might be doing some debris removal, and Dan Rodriguez can talk
about that, if necessary. But they'll have a process in place. We sort of
jokingly said no pile left behind. So we'll work hard to -- and his team
will work hard to get some of the residual efforts cleaned up in that, so
they have a process for that transition.
Winding down, a real sophisticated emergency management team
in terms of transition and horticultural waste desire. Certainly, we are
sensitive to the impacts of the northeast debris removal processing site.
I know they want to begin hauling the ground waste out and use the
other processing sites, take some of that load off of the neighborhood.
And then, finally, as we get into canals and debris and canals and
weirs, streams and drainages, we've been down this road before with
other hurricanes. We have a requirement to go through natural
resources and conservation service. They have to default on any
reimbursement for stream cleaning, then it goes to FEMA and --
because NRCS has not -- had no disaster funding. That's typically the
case. They have not had disaster funding for years, but still it's a
hangnail in the law that you have to go to natural resources first, they
December 12, 2017
Page 32
have said no, then FEMA becomes the default for cleaning those
drainages, and Dan Rodriguez's team, working with AshBritt, has a
mobilization plan about ready to go.
We just want to mention again that while the disaster recovery
centers and the disaster registration is technically closed, FEMA will
accept a telephone or -- telephone registration request up to 60 days
after the closure, which was November the 29th for extenuating
circumstances. But, again, they have to be very severe, very
challenging circumstances for the family.
So if anyone still has a significant hardship and has not registered,
we, again, encourage them to call, and FEMA will evaluate that for up
to 60 days on a case-by-case basis.
I expect this to be our last formal briefing to you-all but, make no
mistake, the Emergency Management team is engaged with FEMA
three or four days a week, plus our recovery team, our debris removal
team, working closely with non-profits.
I appreciate very much your feedback during the after-action
review, because we want to bring forward some additional discussion
on leveraging the efforts of volunteering agencies, and they are to be
commended. It's been 10 years since the unmet needs group has stood
up in Collier County following a disaster, and we're getting the rust off
of that, and I couldn't be more proud of the non-profit agencies here in
Collier County that are working very hard in all their particular areas
and trying to leverage and combine forces there to continue ongoing
support, and that's a normal part of disaster recovery. So we'll be
working closely with them in the future.
Again, the disasterassistance.gov. We encourage residents, don't
give up on the paperwork. There has to be a certain amount of
paperwork filed with FEMA. Stay in contact with them, get them the
documents and the support that we -- so that they can support you in
the financial aspects of that.
December 12, 2017
Page 33
And, obviously, by virtue of the volume of dollars that's been
provided in relief, folks are doing pretty well in terms of that process.
It is not fun. It is government, it is bureaucratic, but it is assistance.
And I think our community is recovering pretty well.
Again, make no mistake, we're sensitive to those that this has
changed their lives, and we're not done with that process of supporting
them and trying to find ways to make sure that they can get back to
pre-disaster condition as quickly as possible.
That's all I have. See if you have any other questions.
COMMISSIONER McDANIEL: I have a couple, if I may.
First -- and this is just a perception, Dan. You've mentioned
regularly about the ongoing battle with the bureaucracy and things. Do
you have any kind of an explanation as to why other than just
bureaucracy?
We had a meeting with some federal folks with regard to CDBG
funding and, you know, a lot of federal aid is funneled through the
State of Florida. And I am made aware that we still have money owed
to us by the State from Wilma, $6 million or something along those
lines. Is it --
MR. SUMMERS: It's a very good question, and I think it's very
important to explain. Remember that in all of the federal funding
directly to Collier County, not to the individual, but to Collier County,
we are a sub-grantee of the State of Florida. All FEMA negotiations
are between FEMA and the State. Every dollar that comes back to us
in reimbursement has a firewall, for lack of a better term, but an
engagement with the Florida Division of Emergency Management
which is under the Governor's Office and, as a result, while FEMA
may have certain approvals or certain things disallowed, we're a
sub-grantee to the State.
So all of our pinch points, all of our coordination, all of our
financial transactions are, in fact, dependent upon the Florida Division
December 12, 2017
Page 34
of Emergency Management's recovery staff, their accounting staff, and
that's a part of the executive offices in the State of Florida.
COMMISSIONER McDANIEL: Thank you. That's a good
explanation. I mean, we're all, relatively speaking, aware of these
things, but it's important that the general public know as well.
I would like to know if the Housing Authority has been
reimbursed with -- they were instrumental in assisting immediate needs
for our residents in Immokalee and providing temporary housing, and I
just would like a follow-up at some point with regard to their
assistance that was afforded by a phone call.
Mario Diaz-Balart and I worked hand in hand that first three or
four days after the storm, and I just wanted to ensure that they're being
taken care of.
MR. SUMMERS: We need to get together off-line, because I'm
not sure of the vendor relationship or if that is a federal-to-federal
reimbursement as opposed to a local-to-federal. So I don't have any
details per se, but happy to look into it.
COMMISSIONER McDANIEL: Mark your file.
MR. SUMMERS: Okay.
COMMISSIONER McDANIEL: I want to also ask about the
transfer sites, the Carnestown in Immokalee. Are we still providing
no-fee service to residents who bring debris?
MR. SUMMERS: I believe that's correct. Let me phone a friend
and see if Dan is here.
COMMISSIONER McDANIEL: He can just shake his head yes
or no. Is that a yes?
MR. SUMMERS: Yes, that is correct.
COMMISSIONER McDANIEL: And do not look like a
commercial vendor when you bring -- when you bring materials to
these transfer sites.
MR. SUMMERS: That's correct.
December 12, 2017
Page 35
COMMISSIONER McDANIEL: And then last, but not least, I'm
getting a lot of emails. Folks are asking how long are we going to
continue with the debris removal. Have we picked a date certain that
we're no longer going to be picking up debris removal from our
right-of-ways?
MR. SUMMERS: Let me refer that to Dan.
COMMISSIONER McDANIEL: Even out of my district I've
asked -- a lot of folks that are friends of mine that don't live in the
subdistrict have asked specific questions in that regard.
MR. RODRIGUEZ: Good morning, Commissioners. Thank you
for the opportunity to come before you.
Dan Rodriguez, your Deputy Department Head for Public
Utilities.
The deadline to put the materials out is the 15th of December.
COMMISSIONER McDANIEL: Ah.
MR. RODRIGUEZ: We're about -- close to 92, 95 percent
complete in collecting debris; however, as Dan Summers mentioned,
we'll do our best not to leave any pile behind. If you have a special
situation if you're in the public, you're just coming down, or you just
couldn't get to it, you call our office. Our education officers will be
there. We'll help you get that pile, as long as it's eligible, removed.
COMMISSIONER McDANIEL: And just as a point of
clarification. If the pile's there by December 15th, it doesn't mean it's
necessarily going to be picked up by then. It just has to be there.
MR. RODRIGUEZ: That's correct.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN TAYLOR: All right. Thank you.
Commissioner Saunders?
COMMISSIONER SAUNDERS: A couple things. First of all,
thank you for the presentations at each of our meetings. That's been
very helpful.
December 12, 2017
Page 36
MR. SUMMERS: Yes.
COMMISSIONER SAUNDERS: And I agree that this is
probably a good time to cease doing those, so thank you for that.
And this may be a question for Dan Rodriguez. But we've had a
couple people complain about the chipping operations and the dust and
noise, and the staff has been very effective in responding to those. I
know you've moved the machinery around. You've provided from
watering and dust containment and all of that noise abatement. Are
there any other complaints out there? I've seen a couple that I think
have been resolved. But what's the status of all of that?
MR. RODRIGUEZ: Absolutely, Commissioner.
At the northeast site, we've gotten a lot of complaints from
Waterways, and they're justified. Those grinders -- three grinders were
running 14-hour days for two months. And so we were fortunate to
use the site as long as we did. It helped us get to the 92 percent
completion, 95 percent completion.
As of two weeks ago, we stopped taking material there. We
processed almost 75 percent of the material there. We've got about
another 25 percent. Our goal is to haul that material out just as fast as
we can and shut down that site.
We've brought in additional resources to keep the dust down.
We've shortened the hours of operation to give the residents around
there some relief. So our goal is -- within the next 15 days is to get
that site shut down.
COMMISSIONER SAUNDERS: Are you getting any more
complaints then? Has that solved --
MR. RODRIGUEZ: They've actually died off after the last week.
We had an indoor -- or excuse me, an outdoor air quality study
completed which came back with nothing to warrant any concern, just
the dust. So as soon as we kind of got that message out -- tonight I
have the opportunity to speak with the homeowners association and the
December 12, 2017
Page 37
residents at Waterways tonight. I'm going to listen to them, get their
questions, their concerns and, again, assure them that our goal is to
shut down that site and utilize our other final.
COMMISSIONER SAUNDERS: Okay. Thank you.
CHAIRMAN TAYLOR: Thank you very much.
COMMISSIONER McDANIEL: Thank you for asking that.
MR. OCHS: Thanks, Dan.
MR. SUMMERS: Thank you.
MR. OCHS: Commissioners, takes us to Item 6A.
CHAIRMAN TAYLOR: Are we going to show --
MR. OCHS: Oh, yes.
CHAIRMAN TAYLOR: Troy?
MR. OCHS: Madam Chair, if you would like to do the honors.
CHAIRMAN TAYLOR: We realized when we talked about
putting on an event that will celebrate where we were -- where we are
today versus where we were, that we need to communicate it
pictorially. And so, under the artistic guidance of Mr. Miller and with
the cooperation of the community, we'd like to present you the film
that was shown on Saturday evening.
COMMISSIONER SOLIS: Where was it shown?
CHAIRMAN TAYLOR: At the concert.
COMMISSIONER SOLIS: Oh, at the concert. This is the
concert.
(A video was played.)
"GOVERNOR SCOTT: I just had a briefing
with the county officials here in Collier
County. The National Hurricane Center is
reporting that Hurricane Irma remains a
dangerous and life-threatening Category 5
storm with winds of 185 miles per hour.
MR. OCHS: I'd just like to report on
December 12, 2017
Page 38
the status of the Hurricane Irma. Let you
know that Collier County Government is well
prepared, it's continuing to work hard to
keep our residents and our visitors safe and
well informed about this very dangerous
storm.
WEATHERMAN VAN WINKLE: So we're going
to upgrade our NBC-2 call that the Collier
County coastline will get hit with a Category
4 hurricane."
(The video ended.)
CHAIRMAN TAYLOR: And that's it. Thank you, Mr. Miller.
(Applause.)
Item #6A
PUBLIC PETITION REQUEST FROM STEPHEN KWEDAR
REQUESTING RELIEF FROM PAYING TAX TO THE
HALDEMAN CREEK MUNICIPAL SERVICE TAXING UNIT
(MSTU) BECAUSE HIS PROPERTY IS LOCATED OUTSIDE OF
THE BOUNDARY OF THE TAXING DISTRICT - STAFF TO
BRING THIS ITEM BACK AS A REGULAR AGENDA ITEM –
CONSENSUS
MR. OCHS: Commissioners, we now move on to Item 6A,
public petitions. This is a petition request from Stephen Kwedar
requesting relief from paying tax to the Haldeman Creek Municipal
Service Taxing Unit.
Under your rules, Madam Chair, we have up to 10 minutes for the
presentation.
CHAIRMAN TAYLOR: Thank you very much. Good morning.
December 12, 2017
Page 39
MR. OCHS: Good morning, sir.
MR. KWEDAR: Madam Chair, Commissioners, thank you for
allowing me to come before you. My name is Steven Kwedar. I've
been a resident of Collier County since 1984 and a full-time resident
since 1993.
I recently acquired a new piece of property at 2521 Break
Waterway. This is a townhouse in Regatta Landing. This is a new
piece of property. It had its first TRIM notice this year. On the TRIM
notice I found that I was in the Haldeman Creek MSTU.
Since I'm about 200 yards from any navigable water, from any
water, I thought it was kind of unusual. So I checked, and as you'll see
on this -- in the page -- could you pass those out, please.
MR. OCHS: Oh, you want these passed out?
MR. KWEDAR: Please.
I checked -- some of my immediate neighbors were not in it, and
so I went and I got the document, which is the last modification of the
boundaries of the Haldeman Creek MSTU. We're in 2008, and the
document is 2008-031. And if you've ever looked at one of these
documents, it's a dog chasing its tail.
I went through and I'm convinced, myself, that I'm not in it. I
then went to the Collier County maps department, and they gave me
this map.
And my property and my immediate neighbors is down in the
lower left-hand corner, and it is not in the yellow area which is the
taxing district.
So I thought, I've got a home run here. I'm just going to go in and
show this and I'll get out of it.
Well, as we find out, we know that lawyers always represent your
interests. So I went in and the lawyer for the -- for Abe Skinner --
MR. OCHS: Property Appraisers.
MR. KWEDAR: -- yeah, Property Appraiser, Abe Skinner, yeah,
December 12, 2017
Page 40
office, is over on the East Coast, and his name is Gaylord Woods, and
Gaylord said, well, you're in a condo unit and, gee, if part of the
property is in it, then all of it's in it. Well, that didn't make any sense to
me.
So I went around and I made the rounds, and I ended up at the
MSTUs meeting where they were disbursing funds and hoping they
could help me, which they couldn't, but there there was a
representative from our County Attorney, and our County Attorney
said, gee, if they're in it -- if part of its in it, they're all in it, but maybe
we should go to the Collier County Commission and have them amend
the boundaries.
So now I contact my attorneys. I have Helen Athan, who's with
Coleman, Yovanovich & Koester, and John Blakely, who's my
personal attorney, who is with Roetzel & Andress, and they said, well,
you know, it doesn't make any sense if some of it's in it, all of it's in it,
because the opposite is also true; if none of it's in it, then none of it's in
it. Excuse me, if some of it's not in it, then none of it's in it. Neither of
those arguments hold water.
And according to them, the property in our county, the tax is
based on the address and the physical location of that. I am clearly out
of that. As you can see on my map here, I'm in the -- this was given to
me by the county commissioner -- the county map division. I'm in the
lower left-hand corner of that, and it's clearly out. I benefit not one
iota from anything from Haldeman Creek, and I'm asking relief for
myself and my immediate neighbors.
I'll answer any questions.
CHAIRMAN TAYLOR: Thank you. Any questions?
COMMISSIONER SAUNDERS: Could I?
CHAIRMAN TAYLOR: Commissioner Saunders, of course.
COMMISSIONER SAUNDERS: I don't really know too much
about how these boundaries are set, but it does seem to me that you're
December 12, 2017
Page 41
either in the boundary or you're not, and it looks like he's not.
And I don't know if we need to amend the boundary at some
point, but I guess that's a question for the County Attorney.
MR. KWEDAR: Well, according to my attorney, when it was
originally done, it was voted on by the people that were being taxed.
So realistically, sir, Mr. Saunders, we're not going to vote for it.
COMMISSIONER SAUNDERS: No, I understand. I'm just
asking whether or not it makes sense to say that if part of the
community is in it, the whole community is in it. I don't think I
understand that, but...
MR. KLATZKOW: I guess it's the reason why the community's
in it, and my understanding is that that condominium has direct access
to Haldeman Creek for the residents of the condominium to enjoy the
creek, which is why they're in the MSTU.
MR. KWEDAR: Actually, sir, there are two condominiums. One
is a condominium association of the docks, which was on the -- which
is on the creek. I'm not a member of that.
COMMISSIONER SAUNDERS: Let me ask a couple questions,
sir. We've heard your presentation, and I understand it, and I'm trying
to -- I don't disagree with it. And I'm trying to get my arms around
that.
We have lots of MSTUs around the county, and there are
boundaries to it. And, again, you're either in the boundary and taxed or
you're not. So I don't understand how those communities could be
taxed. If it's in your view that that's permissible, then, you know, that's
the question. I don't understand.
MR. KLATZKOW: My thought process is that -- my
understanding is that the petitioner's unit is newly constructed which is
why it's not in the boundary. It was constructed after the boundaries
were set. My understanding is that everyone who has access to
Haldeman Creek is within the MSTU. It's partly for dredging of the
December 12, 2017
Page 42
creek.
If the petitioner's units have access to the creek, like everyone else
who has access to the creek, they should be part of the MSTU, and the
boundaries can be amended. Again, this is an after-constructed
property compared to when the borders were actually set.
So the quick fix on this is to adjust the boundary to reflect the
actual benefit that the condominium is receiving. Now, if this portion
of the condominium for some reason has no legal access to the creek, it
should not be included.
MR. KWEDAR: Are you going to include all Windstar in that?
COMMISSIONER SAUNDERS: Sir, if you could let us have a
conversation, or I'm just going to stop talking and -- so if there is a fix,
which is to change the boundary, then I think, by implication, then
they're not in the boundary. And so it's just a legal issue.
My view would be that just because they have access would not
require them to pay the tax unless they're actually within the MSTU.
That's just my view. And I don't know how the rest of the Commission
would feel.
COMMISSIONER McDANIEL: You first.
COMMISSIONER SOLIS: Can I just get into the legal issue. It's
a little more than geography as I understand it. It relates to the nature
of what owning a condo is, right --
MR. KLATZKOW: Yes, and the --
COMMISSIONER SOLIS: -- condominium?
MR. KLATZKOW: -- opinion of the Property Appraiser is that
when they assess, they're assessing the entire condominium. So it's
irrespective of whether they're within or without the boundary.
COMMISSIONER SOLIS: Because the assessment is to the
condo -- when you own a condominium unit, you own, essentially, the
space within the structure and an undivided interest in the whole
condominium property.
December 12, 2017
Page 43
MR. KLATZKOW: That's correct.
COMMISSIONER SOLIS: This is the legal issue, right?
MR. KLATZKOW: Including the facilities that allow access to
Haldeman Creek.
COMMISSIONER SOLIS: Which are within the boundary?
MR. KLATZKOW: Yes. From a fairness standpoint, the issue is
whether or not the petitioner has access to the creek. If he has access
like everyone else who has access, he should be paying on part of the
tax grid. If he does not have legal access to it, that's a different
question.
COMMISSIONER McDANIEL: And my point is similar --
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: I was just going to ask, did he say
this is an addition onto the building but it's still part of the same
building?
MR. KLATZKOW: It's part of the same condominium
development, yes.
COMMISSIONER FIALA: Oh, okay. So they're all in one, one
--
MR. KLATZKOW: Development.
COMMISSIONER FIALA: -- development. Okay. Thank you.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes, and -- because the map
that's been supplied here is rather confusing because petitioner's unit
does, in fact, lie outside the boundary of the MSTU, but he is also a
beneficial interest of the MSTU and the access that's -- whether you
choose to or not, it is a portion of the entire condominium ownership.
My question for the County Attorney is, should we be adjusting
the boundary of the MSTU for those beneficial interests?
MR. KLATZKOW: You don't have to, because the Property
Appraiser's going to be charging them anyway. If you want to just
December 12, 2017
Page 44
clean this up almost on an ministerial level then, yes, change the
boundary. But the Property Appraiser's already made their decision.
They're charging this unit for the tax because it's part of the overall
condominium development.
COMMISSIONER McDANIEL: It's a little more than a
ministerial issue. There certainly --
MR. KLATZKOW: Well, no. He'll be charged with a tax
irrespective of what you do here.
COMMISSIONER McDANIEL: I understand that. But going
forward, he has the right to come back and petition on his opinion of
the legal boundaries of where his unit's, in fact, located.
MR. KLATZKOW: Actually, his real remedy is with the
Property Appraiser at this point in time.
COMMISSIONER McDANIEL: Who sets the boundary for the
MSTU?
MR. KLATZKOW: We did, but we included the condominium,
and what the Property Appraiser is saying is since the condominium
development is within the boundary, then even the part of the
condominium development that falls outside the boundary gets
charged.
COMMISSIONER McDANIEL: Right. And maybe --
COMMISSIONER SOLIS: Because what's being assessed is the
condominium property --
MR. KLATZKOW: As a whole.
COMMISSIONER SOLIS: -- as a whole.
Can I just suggest, I'd like to -- I don't know that I have enough
information right now to make a decision either way on this. Can we
get some more clarification on what rights these units have as far as
access and -- because I'd like to understand that a little better. I don't
know that -- it's not clear from what we have; to me, anyway. If we
could just continue this for --
December 12, 2017
Page 45
CHAIRMAN TAYLOR: Yeah. And we don't have -- usually in
presentations we don't make decisions. So the issue is we can discuss
this.
MR. KLATZKOW: The decision is whether or not you want to
bring this back for a public hearing.
CHAIRMAN TAYLOR: That's right.
COMMISSIONER SAUNDERS: I think we should. I'm having a
little trouble with it.
COMMISSIONER McDANIEL: I would agree with it.
CHAIRMAN TAYLOR: Okay. Bring this back for a public
hearing.
MR. KWEDAR: May I bring a lawyer at that time?
CHAIRMAN TAYLOR: You can bring anybody you want.
COMMISSIONER SAUNDERS: We may not listen to your
lawyer, but...
MR. KWEDAR: Yeah, I know. Thanks.
CHAIRMAN TAYLOR: But my suggestion would be is the
argument will not be here. My suggestion is that if you are represented
by an attorney --
MR. KWEDAR: Counsel.
CHAIRMAN TAYLOR: -- that you may want to caucus with our
attorney ahead of time. But this isn't a court of law. This will just be a
public hearing --
MR. KWEDAR: I understand.
CHAIRMAN TAYLOR: -- whereby we can hear the facts and
make some decisions.
MR. KWEDAR: Thank you very much. Thank you for your
time.
Item #7
December 12, 2017
Page 46
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Madam Chair, that takes us to Item 7, public
comments on general topics not on the current or future agenda.
MR. MILLER: Madam Chair, I have two registered speakers on
this item this morning. Your first speaker is Garrett Beyrent. He'll be
followed by Dr. Joseph Doyle.
MR. BEYRENT: Good morning, Commissioners.
I don't want you to confuse what I'm going to say with what's
already occurred today, but it popped up as a perfect example of what
Commissioner Taylor referred to about two months ago, and it's the
full disclosure on the part of the petitioner. We're getting full
disclosure on the part of the commissioners relative to rezoning
applications and whatnot, but the problem -- and I'll give you a perfect
example. Just this morning it occurred. I said, wow, there it is right
there. Talk about karma, right?
This had to do with an insubstantial change to a PUD. And I'm
looking at it and saying, I've never heard of the Livingston Village
Planned Unit Development. Well, that isn't what it was named
originally. It was called the Angileri (phonetic) PUD, the front of
which is a Racetrac gas station, the back of which is a CubeSmart, the
middle of which is an easement that I have through that because
Commissioner Burt Saunders, when -- I can remember back 1983, I
met Burt when he was County Attorney. Then he became county
commissioner, right, then he became a state representative, and now
you're a county commissioner again.
But at the time there was a problem with the Golden Gate Estates
cross-access easements. And the long and short of it was, there are a
lot of houses in Golden Gate Estates that have easements through their
living rooms, and the reason they have easements through their living
December 12, 2017
Page 47
rooms is all the tracts are bisected with road access. And in many
cases people would build their houses in the middle of their 5-acre tract
where the 60-foot road easement was.
It didn't come to a problem until the title companies started
looking at the documents and saying, wow, nice house, but it's inside
of a road easement. There's an issue. Most cases they did issue
insurance anyway.
So the long and short of it was I didn't know what the Livingston
Woods Planned Unit Development was because I only knew it as the
Angileri PUD. And it describes it as being off of Livingston Road.
And I'm -- that's not off of Livingston Road. It's not Whippoorwill
Lane even though people think it is. It's off a road called Kramer
Road. And the name Kramer comes from the original owner of the
Angileri PUD, which is Sal Angileri, Wendell Kramer, and Sunny
Gretsch. And there's a reaction to Sunny Gretsch's name up there. In
any case, it wasn't described as the people that we knew it as.
And then they asked for an easement vacation of the water and
sewer line that went to my property. Nobody caught that because
nobody knew where this property was.
And, last of all, it came up, they eradicated a public easement, and
they were doing it under the -- amending an insubstantial change to a
PUD that nobody knew was a PUD, because I didn't know it, and I'm
the next-door neighbor. Then they denied me access to my own
property by saying that easement was vacated by commissioner --
well, at the time you were -- I think you were state representative. You
don't remember it?
COMMISSIONER SAUNDERS: I don't remember what I did
yesterday much less 1983.
MR. BEYRENT: No. You're the same age as me. We're
supposed to have Alzheimer's, right?
Anyway, that's what we got is that, like Commissioner Taylor
December 12, 2017
Page 48
says, people come up here and they're saying, I represent the ABC
company, in this case is -- these two agenda items that were stamped
were actually Racetrac property, because they called me up saying,
hey, you know, we're this, that, and the other. I went in their office,
and I saw the blueprint of a big gas station.
So, anyhow, that's it. Thank you very much for your input,
because you enlightened me tremendously.
MR. MILLER: Madam Chair, your final speaker for public
comment is Dr. Joseph Doyle.
DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle,
Naples.
CHAIRMAN TAYLOR: Good morning.
DR. DOYLE: First I'd like to say I think that the video that we
just saw was quite dramatic, especially the black and white in the
beginning. That's exactly the way things looked when we returned
from North Carolina as an evacuee. Everything was brown. It was just
amazing, and then, of course, now everything is living color.
That being said, I'm here to give you an update on the
Marketplace at Pelican Bay. As much as you just saw in that movie,
the 140 live -- mature live oaks in the Pelican Bay parking lot, the
canopy that provides us some cooling effect in the heat of the summer
for those of us who are here year-round, that canopy, those trees,
except for one, all survived Irma. And last Monday, Tuesday, and
Wednesday they were all cut down. It's a travesty.
Oh, I know they're going to replace it with some magnolias and
some royal palms and all that, but, you know, Riverchase had this
happen, as I said at the July 11th meeting, five years ago, and
Riverchase still looks like a barren wasteland. And it's just outrageous,
after these trees survived Irma, for that property manager to go ahead
with this.
Now, I will say when I spoke with you on July 11th, they did not
December 12, 2017
Page 49
have their permit issued that day. They had to go back and forth about
two or three times. They finally had their permit issued around August
10th to the 15th, and then there was a 30-day appeal period. But in the
meantime, Irma came along on September 10th. So nothing got done.
We had cleanup.
Well, they finally got a tree -- an arborist to take down those trees
last week. It's outrageous, absolutely outrageous.
And even though Pelican Bay runs the PUD and they -- the Board
did ask -- did go back and meet with the project manager in August
and asked him to reconsider, they didn't. They had their permit, and
they went ahead and did it. And, again, no public comment, because
it's considered an insubstantial change to the PUD.
So I'm here to ask you not to drop the ball this time as to what
happened at Riverchase, and I know most of you were not elected at
that time, but we need to change the Land Development Code to
preserve these canopies. And they're saying it's safety issues and this
and that. Well, I don't really see roots growing up in the parking lot
and all, but we -- so when this comes, we need to change the Land
Development Code. And I know there are other things that you're
going to do, too, but this I'd like to highlight because it's really a
travesty. Thank you.
CHAIRMAN TAYLOR: Thank you. Is there any willingness to
bring this back as a discussion? Commissioner Fiala, you went through
the Riverchase.
COMMISSIONER FIALA: And he's absolutely right as far as
Riverchase went. The people were appalled to see all of those things
being cut down. The shopping center says, well, they have to do that
because people can't see the names of the businesses. But I want to tell
you, the reason they're going there is because they know what
businesses are in there. They don't -- and you can't shop from the road
anyway because you can't see -- you can't see from the road over to the
December 12, 2017
Page 50
building.
I believe in the preservation of trees. If you're going to have trees,
plant them in the first place, the kind of trees you want, but they should
be there. And so I understand his plight. And I don't know what
happened at Pelican Bay, and I don't know what the problem was with
the trees, so I can't comment on that.
CHAIRMAN TAYLOR: Would you be willing to bring this
back, perhaps, as a public hearing or to look to amend the LDC so that
if this kind of --
COMMISSIONER FIALA: I think the discussion would be
great.
CHAIRMAN TAYLOR: To bring it back.
COMMISSIONER FIALA: You know, if we want to discuss it,
and then we'll come to a conclusion.
COMMISSIONER SOLIS: What exactly are we going to be
bringing back?
CHAIRMAN TAYLOR: Perhaps the idea that if you're going to
take every tree down in a shopping center that's been there for more
than 20 years and it has a substantial canopy that can be seen from a
public road, such as U.S. 41, that the process could come in front of us
for a discussion airing. Maybe, maybe not. I don't know what the law
says.
MR. KLATZKOW: What you're talking about, the Board would
have to enact a tree preservation ordinance. That's what you're talking
about.
COMMISSIONER SOLIS: Yeah. I mean, if a property owner
has landscaping in a commercial property that it wants to change and it
meets the Land Development Code, I mean, I would see that as a
substantial invasion of somebody's property rights.
I mean, I understand preserves and things like that, but I think we
have to be careful how far we're going to go in dictating what people
December 12, 2017
Page 51
can and can't do with their property.
CHAIRMAN TAYLOR: In the City of Naples, if you cut down
-- and now it's a city tree. If you cut down a city tree, the fine is over
$1,200 just for the tree, doesn't matter the size of it, because they were
-- because of the acknowledgment that it is considered tree city -- one
of the -- it has gotten awards as one of the Tree City USA.
If we value our trees in our horticultural areas -- and,
Commissioner McDaniel -- and if we don't -- I don't know how to
approach it, and perhaps the best way to approach it is through a tree
preservation ordinance, and maybe this needs to be vetted at another
meeting.
Commissioner McDaniel?
COMMISSIONER McDANIEL: And on that note I would like
to do that, and I don't necessarily know that a tree preservation
ordinance is the path. But we have personal property rights. We have
expenses that are associated with dictatorial mandates of certain types
of trees. Although there is a choice, developers regularly go to those
that are less expensive that, over time, tear up infrastructure, tear up
sidewalks and parking lots and the like.
So maybe it's time for us to have a discussion because of the
length of time that has, in fact, transpired to better facilitate. Maybe
we can offer some incentives to existing developers and existing
property owners to maintain these majestic trees and the canopies that
have, in fact, come from the original ordinances that we had in place.
So I think it wouldn't be a bad idea for us to have it.
CHAIRMAN TAYLOR: To vet it?
COMMISSIONER McDANIEL: Yes, ma'am.
CHAIRMAN TAYLOR: Okay. So is that -- do I hear a motion?
COMMISSIONER McDANIEL: Do you want me to make that a
motion? I think we should. I'll make that motion. Don't make me
repeat it.
December 12, 2017
Page 52
CHAIRMAN TAYLOR: All right. There's a motion that we'll
bring this back for a discussion on the possibilities of looking at tree
preservation throughout Collier County, and there's a second on that
motion.
Any other discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
COMMISSIONER SOLIS: Aye.
CHAIRMAN TAYLOR: It carries 4-1.
MR. OCHS: Madam Chair, it's -- Madam Chair, I think your
court reporter's in line for a break right now.
CHAIRMAN TAYLOR: I know she is. We're giving you your
breaks on time.
MR. OCHS: Ten minutes, ma'am.
CHAIRMAN TAYLOR: Ten minutes.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, if you'd please take your
seats.
Madam Chair, you have a live mike.
CHAIRMAN TAYLOR: Thank you very much, County
Manager. I believe we are moving to our advertised public hearing; is
that correct?
MR. OCHS: Yes, ma'am.
Item #9A
December 12, 2017
Page 53
RESOLUTION 2017-250: THE SINGLE PETITION
PL20160002360/CP-2016-3 WITHIN THE 2016 CYCLE 3 OF
GROWTH MANAGEMENT PLAN AMENDMENTS FOR
TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY FOR REVIEW AND COMMENTS
RESPONSE FOR AN AMENDMENT SPECIFIC TO THE
GOODLETTE/PINE RIDGE COMMERCIAL INFILL
SUBDISTRICT AT THE NORTHEAST CORNER OF PINE
RIDGE ROAD AND GOODLETTE-FRANK ROAD – ADOPTED
MR. OCHA: That's Item 9A, and this is a recommendation to
approve the single petition in your 2016 Cycle 3 Growth Management
Plan amendment cycle. It's a transmittal hearing to the Florida
Department of Economic Opportunity for review and comment in
response for an amendment specific to the Goodlette/Pine Ridge
commercial infill subdistrict at the northeast corner of Pine Ridge
Road and Goodlette-Frank Road.
CHAIRMAN TAYLOR: All right. I believe now we need to
swear folks in, and --
MR. OCHS: Mr. County Attorney, I don't believe this requires ex
parte or swearing in of testimony.
MR. KLATZKOW: No. This is legislative.
CHAIRMAN TAYLOR: Okay. Very good.
MR. OCHS: The petitioner would go first, Commissioners.
MR. YOVANOVICH: Good morning. For the record, Rich
Yovanovich on behalf of the petitioner. With me today are David
Gensen and Bruce Layman with Barron Collier Companies
representing the property owner; as well as Wayne Arnold with Grady
Minor, the planner on the project; Norm Trebilcock, our transportation
consultant; and Mike Timmerman, who did the market analysis for the
project that we're presenting.
December 12, 2017
Page 54
What you have before you today is a proposed, I'll call it, regular
scale Comp Plan amendment to add the ability to do 375 rental
apartments within the Goodlette/Pine Ridge commercial infill
subdistrict, which is highlighted in yellow on your visualizer. It's at
the northeast corner of Pine Ridge Road and Goodlette-Frank Road.
That project is currently approved as a retail project with both
office space and regular retail. The old Sweetbay shopping center used
to be in there.
We are requesting the ability to add to the subdistrict apartments.
And I'll show you our hope -- well, our goal is at the adoption hearing
-- we've submitted the PUD amendment so everybody will know
exactly what's occurring when the Comp Plan is ultimately adopted.
I will show you the proposed PUD master plan so people will
understand where the apartments are scheduled to go if they are built,
and also in the PUD we have a conversion formula that requires, for
every one unit that we build, 200 square feet of retail uses go away.
So, ultimately, the project will be, at worst, transportation neutral.
But if we were to actually build all of the units, it would actually be
less traffic for the ultimate development of the property.
Now, I recognize that if you go out there today, because there's a
lot of vacancies on the property, there's not a whole lot of traffic being
generated but, ultimately, though, if apartments are not built, there will
be retail users within the existing space as well as the outparcel that
has yet to be built.
I'm sure everybody's familiar with the intersection. But the
proposed locations for apartments are this one vacant outparcel and
this parcel right in there where the existing Sweetbay and inline stores
are located.
This bank, the Starbucks, this office building, this bank, and then
these two office buildings in the rear will all remain. So there will be
no apartments directly on Pine Ridge Road under that scenario, and
December 12, 2017
Page 55
there could be some apartments along Goodlette-Frank Road.
We went to the Planning Commission and the Planning
Commission recommended unanimously to transmit the petition to the
state and, ultimately, when we come back and they have the PUD in
front of them, that's when we'll address some of the development
standards related to the development of the apartments as well as the
exact conversion formula that would be in place.
We have also scheduled or are scheduling a meeting with the
residents to the south, which is the Northgate community. They had
come and had some concerns about making some changes to the
existing commercial standards due to noise they're experiencing, not
from this project but from a nearby project, and have asked us if we
would consider addressing things like outdoor amplified music and the
like. So we have a meeting scheduled for them.
That is the quick explanation of what we're doing. The project's
about 30 acres in size. Again, it will ultimately be traffic neutral when
the PUD comes forward. There will be a requirement to have a
conversion formula. As I think we're all aware, there's plenty of
demand for market-rate apartments still out there, and that's an area
that we anticipate addressing if we do go forward with multifamily on
this site.
With that, that's an overview, and we're happy to answer any
questions you may have.
MR. KLATZKOW: Commissioners, just for clarity, this is a
Comp Plan amendment. There's nothing in here that refers to a
reduction in the commercial, all right. At a later PUD they may or
may not come forward with a reduction plan or a conversion plan. So
to be talking about the PUD at this point in time is premature, all right.
If the thought of the Board is it doesn't matter because it's
transportation neutral, you need to address that in the Comp Plan, not
in a future PUD, which may or may not come for years.
December 12, 2017
Page 56
MR. YOVANOVICH: And I think we explained to the Planning
Commission if they felt at the adoption hearing that we needed to also
include a conversion formula in the Comp Plan, we were more than
willing to do that as well.
But you will have the PUD in front of you hopefully in March
when we come back. That's the anticipated schedule. But, again,
we're willing to put it in the Comp Plan if you wanted it.
CHAIRMAN TAYLOR: Do we have any speakers?
MR. MILLER: Yes, ma'am. I have 11 registered speakers for
this item.
Your first speaker -- and I'd encourage our speakers to use both
podiums. Your first speaker is Lynn Miller. She'll be followed by
Ned Miller. As we wait on Ms. Miller, I would like to remind
everyone, please silence your cell phones.
Ms. Miller?
MS. MILLER: I'm Lynn Miller, and I live in Northgate, and I
came to the planning meeting that was about a month ago. And I've
one quick comment, and that is concerning adding to the traffic
congestion at Pine Ridge and Goodlette. That's my concern.
In particular, based on the discussion at that planning meeting, it
seems that the statistical information for traffic analysis needs to be
updated. I believe the traffic data, as a base, is old data. They were
saying -- I think they said something to the effect of the traffic data for
maybe when they first built the complex and then, from that, how are
they going to make it traffic neutral?
And even the people on the Planning Commission were saying,
you can't start mixing data, data that's 10, 15, 20 years old, and then
take current calculations and add on top as to what the traffic will
really be like.
And so the -- I think it would be great if the traffic analysis could
be updated to reflect current conditions. Then you'll have accurate
December 12, 2017
Page 57
information to analyze the effects of adding 375 housing units to the
area.
CHAIRMAN TAYLOR: Thank you.
MS. MILLER: Thank you.
MR. MILLER: Your next speaker is Ned Miller. He'll be
followed by Susan Usher.
MR. NED MILLER: Good morning, and thank you for allowing
me to speak on this particular issue.
My name is Ned Miller. I'm a resident of Northgate Drive, which
is part of a homeowners association called Northgate Village.
I'm against the approval of this petition. Even reading it here sort
of boggles the mind of exactly what we're talking about. But what I do
know is that the petitioner is seeking approval on their Growth
Management Plan to add 375 rental units and an unknown number of
commercial and retail units. To then state that this is traffic neutral
sort of boggles the mind.
I have been a resident of Northgate for about a year and a half,
and one thing I've come to realize is that all east/west, north/south
traffic on main throughfares in Collier County are a nightmare. What I
also came to realize is that -- while most of this nightmare is during our
season, it's also a nightmare for off season as well, too.
So I'm very, very concerned and would ask you to reconsider
adding the traffic generated by the approval of this plan into the future.
Secondly, I would also point out that this parcel of land is
relatively close to Pine Ridge Middle School. Now, we have families
-- I no longer have school-age children, but there are families in our
homeowners association in related or close-by neighborhoods who
have children who go to this middle school. In order to get there,
they're not picked up by public transportation. They walk. And they
walk through a gate in our privacy wall. It's a locked gate. They have
keys and they then cross Pine Ridge Road to get to the middle school.
December 12, 2017
Page 58
This is just a situation that I think is very, very serious.
Obviously, the petitioner is motivated by profit. We as residents,
year-round residents, are motivated by quality of life.
Thank you very much.
MR. MILLER: Your next speaker is Susan Usher. She'll be
followed by Jeanne Franklin.
MS. USHER: Good morning. I'm Susan Usher. I'm also a county
employee. I filled out a leave slip, so I'm on my time, not on your
time.
I moved to Northgate Village, which is the community south of
this development, 24 years ago. My parents moved there 27 years ago.
So we are long-time residents within our community.
My concerns with the changes being requested by Pine Ridge
Commons are the height of the buildings, five-story -- the apartment
buildings being five stories tall, the number of vehicles that will be on
our roads, and the noise.
I like the concept of mixed-use development as long as the
businesses close by 10 p.m. My backyard neighbor is Pine Ridge
Road, and when I first moved there, there was a church across the
street off Pine Ridge Road. Fifteen years ago the church moved to a
new location. The property was sold and was developed into Mission
Square shopping center.
There's a restaurant there. And from Thursday night to Saturday
night the magic -- the restaurant magically turns into a nightclub. And
during the cooler months, fall, winter, and spring, when the weather is
nice, they open up all their doors and windows, and we can hear the
music until 2 a.m.
We sleep with our windows closed and, yet, we can still hear the
music, and it wakes us up at night and keeps us up at night until they
finally close their doors. I do not wish this on anyone.
My neighbors have called Code Enforcement. And it may help
December 12, 2017
Page 59
for a couple of weekends, but the volume of the music gets cranked up
again, and we start the cycle all over.
I do not want my Northgate neighbors to the west of where my
house is and also where my parents live to endure this type of misery.
So, please, if there's any way to enforce it, we would like those
businesses closed by 10 p.m. This should not affect any businesses
that are currently there. There's an Italian restaurant, Starbucks, and a
Thai restaurant. They all close by 10. Nobody's going out to dinner at
10 p.m., so businesses should close by 10.
The other concern I have is the height of the apartment complex.
Right now they say it's parking with four stories of apartment complex.
That's five stories tall. I know our windows have blinds there, but
when you look out and we're on the third floor, you see tree tops.
When you're on the fifth floor, you're actually looking down. You're
looking down into our properties into, literally, our backyards. And,
you know, we do have a privacy wall, but that's mainly for the cars
driving all along Goodlette and Pine Ridge Road. It was never meant
to have a bird's eye view into our community and into our backyard.
And, also, the vehicles, 375 apartments, that's probably over 700
vehicles. These are apartments, not condos. They're going to be lived
in full-time. They're not seasonal. Condos, you can always hope for
seasonal people.
Thank you.
MR. MILLER: Your next speaker is Jeanne Franklin. She'll be
followed by Dorothea Frey.
MS. FRANKLIN: Hi. Yes, thank you, Commissioners.
Our property backs up to what we're calling the privacy wall.
Well, we attended the meeting in April, and maybe it was more
private. After the hurricane, all of our 20-year-old property trees and
hedges are gone. So we're looking at Pine Ridge now, and that means
that those five stories or four stories are going to be visible.
December 12, 2017
Page 60
And when we talk about people that are going to a supermarket or
people who live there, we're talking about completely different traffic.
And traffic is terrible. It's noisy, and we have that to deal with, but we
don't need to add that many people across the street where I can
physically see at night. I'm looking at the sign for Magnolia property,
whatever it is. And everything is just clear now. All of our property
has been decimated.
And I hope this doesn't go through. Thank you.
MR. MILLER: Your next speaker is Dorothea Frey. She'll be
followed by Erik Howe.
MS. FREY: Good morning, Commissioners. Thank you for
listening to me. I am probably repeating a lot of the comments that
have already been said.
I live in Northgate community. My property is right -- backs up
right onto Pine Ridge Road.
And I don't know if you are familiar with Pine Ridge Road or
Goodlette Road. If you are, it is an extremely busy road. All the
traffic usually goes that way to Highway 75, all the workers from the
beach. In season it's just -- you've got to -- it's like a parking lot. You
have to sit there. You have trucks. The noise is just terrible.
Like Jeanne said, trees have been knocked down from our walls,
so you hear the noise even more. When I try to get out on Goodlette
Road during the season, you have to sit there sometimes for 10 minutes
waiting for the traffic to break up because it is so bad.
If you want to make a left-hand turn, good luck trying to get out
and get over three lanes on Goodlette. Like I said before, on Pine
Ridge Road the noise is so bad now. I can't imagine how much it
would be with 375 more people, you know, probably two cars, more,
than it is now.
And, like I said, if you want to get an idea, just go on Pine Ridge
Road probably at any time of the day at this time, and you'll see you're
December 12, 2017
Page 61
in a parking lot because it's so busy.
The noise is terrible. We can hear motorcycles or cars racing
down it, and it's just -- it's not a good experience to hear all that noise,
especially if you want to go in the yard, you know, during the day to
go to your pool or barbecue; you can hear all the traffic really bad.
Again, mainly because the trees and then the privacy wall does
somewhat block it, but trucks you can see the top of the trucks.
And, like I said, people are going to be looking in your yard, you
know. And I know I don't want to go out there and have anybody see
me in a bathing suit or anything like that, you know. I have qualms
about that.
But those are my concerns. Basically, the noise is really bad,
because it's on Pine Ridge Road, and the traffic is outrageous. And,
again, the little kids that have to go to school, that is a really big
concern for them crossing the street or even getting them to the schools
because the traffic is so heavy to get out of the Northgate Village.
I appreciate your time, and for listening to me. Thank you very
much.
MR. MILLER: Your next speaker is Erik Howe. He'll be
followed by Judy Hansen.
MR. HOWE: Good morning, Commissioners. Erik Howe, and I
believe, as my neighbors have said, I'm probably on repeat at this
point, but I hope the repetition is causing a common chord.
My same neighbors have all attended the -- I'm not -- I don't know
the names of these things, but there was a kind of informal public
meeting, then there was another meeting with the planning committee,
so we've all been here before kind of in power, although we have a
smaller neighborhood by only 50 homes.
But I do have school-age children, so I, you know, definitely have
worries of those children crossing that road with the extra traffic. The
building height's obvious of concern. It helps that eventually the
December 12, 2017
Page 62
PUD's going to show, maybe there's a line of sight that we can come to
some common theme people aren't looked down.
And I'd be remiss -- and, again, pardon my ignorance, but this
whole traffic thing to me is just mind-boggling. So we compare
completely a hypothetical example that says, if it was filled with retail
space, then it would be less traffic than if we build these apartments.
But if it was filled with retail space, there would be no business reason
that we would be here. They would be operating a profitable business,
and we wouldn't be here. They wouldn't be trying to renegotiate this
deal.
So I don't know how we apply apples to oranges, how we say,
well, we could build this thing out, but they can't build it out or it
would be built out. I mean, I don't know a businessperson that holds a
commercial property that would not develop it if they could.
So, again, I don't know -- if you can't apply real-world examples,
you have to use a 15-year-old traffic study, but I just don't know how
you can truly say if we did build this out, it would be less traffic than
putting in apartments, but we all -- everybody probably in this room
has driven by and seen that they can't build this out, and that's why
we're here today.
So I guess I would just try to apply some real-world not apples
versus oranges in the traffic study, although the numbers can make it
appear that way.
Thank you for your time.
MR. MILLER: Your next speaker is Judy Hansen. She'll be
followed by David Hansen.
MS. HANSEN: Thank you for taking the time to listen to us.
Yesterday my husband and I were trying to go to the Y, and this
was about 4 o'clock in the afternoon. And the traffic going south on
Goodlette turning east onto Pine Ridge, together with the traffic
coming east on Pine Ridge crossing through the intersection clogged
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the intersection simultaneously through three solid light changes. We
were the first car at the light and could not budge through three solid
lights.
At this point people from the middle lane and the left lane, still
going straight, got so upset they were now barging into the intersection
which was clogged, fully clogged. So now the light's changed, and
now the people going the other way are going into the intersection.
I finally called the Sheriff's Department and told them they need
somebody to monitor this intersection between 4:00 and 5:30 because
these are not only people -- they're people trying to get out to their
homes in the Estates. It's clear. We can't now go to the gym, which is
the YMCA, because we can't get to it.
So it was so dangerous and awful, and tempers were flying, and
this is a daily occurrence. So my -- traffic is my main concern, and I
appreciate you listening to us.
MR. MILLER: Your next speaker is David Hansen. He'll be
followed by Cindy Pisani.
MR. HANSEN: Hello. Thank you for listening to our concerns
today.
I'd like to just reiterate that -- the same that my neighbors are
saying, that our main concerns are the traffic, the noise, the building
heights of additionally 6- to 700 automobiles coming and going from
this area.
We've lived in the neighborhood for seven years, and we
understand that it's a very busy corner to begin with, and I don't think
that this is -- this is really a good idea of adding that much more in
apartments to the neighborhood.
So I thank you for hearing us, and we appreciate everything.
MR. MILLER: Your next speaker is Cindy Pisani. She'll be
followed by Amy Owen.
MS. PISANI: Good morning. I'm a resident of Northgate and
December 12, 2017
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have been there for 19 years and have also been a resident of Collier
County since 1975.
I agree with all of my neighbors and have the same concerns and
just wanted to add, for instance, as far as the safety concern, there
currently is only one entrance going into this complex that has a traffic
light, which also happens to be Panther Lane, which goes into the
middle school.
And maybe that is one of the reasons why there is an issue with
the lack of retail, because it's difficult to get into this development, into
this corner.
And I also wanted to add that when this development was built,
our development, Northgate Village, was built in the early '80s, I
believe Pine Ridge was only a two-lane road, and we do have a privacy
wall. It's not a very tall wall, but since Pine Ridge has now expanded
to six lanes, the noise has also expanded. And so we are concerned
about noise.
We're concerned about the height of the building and loss of
privacy if these five-story buildings are eventually added on Pine
Ridge Road. And I think that was it.
Thank you very much.
MR. MILLER: Your next speaker is Amy Owen, and she will be
followed by Blake Owen.
MS. OWEN: Good morning. Thanks for allowing me to speak.
My name's Amy Owen. I'm a resident of Northgate Village and a
board member of the Northgate Homeowners Association. I've been
asked to speak on behalf of the board along with all of the members of
our community.
We acknowledge and understand the subject matter being
discussed today is hearing a proposed change to the Comprehensive
Plan. Based on our review and understanding of the proposed
changes, there are several requested changes that are very specific and
December 12, 2017
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not generalized as you would see in a typical petition dealing with the
Comprehensive Plan change. If these changes are approved, it will
allow for more ease in obtaining approval for the proposed changes
and zoning for the subject parcel.
We feel that these types of requested changes should be vetted out
through a more appropriate application and a public hearing process,
such as in the change in zoning to the PUD.
Second, I'd like to, you know, take my time and opportunity to
voice the concerns of the board along with ones of my neighbors. We
hope you forgive and appreciate the repetition.
Again, the traffic. We share the disbelief that the traffic won't be
increased by this change in use. The traffic's intense, and we're very
concerned about the children crossing the street to get to the middle
school.
We're also concerned about the traffic noise. I mean, of all the
subdivisions that need a sound barrier wall, our subdivision should be
on the top of the list. We're, frankly, baffled why the county has not
made the decision to install the sound barrier wall along our
subdivision and to carry it east to address the Quail Run subdivision as
well.
The current wall that was constructed for our neighborhood is just
the typical 4- to 6-foot privacy fence and was initially designed and
installed when Pine Ridge Road was just a two-lane roadway.
As far as the additional noise, we know this could develop into a
mixed-use development similar to, like, a Mercato. With this
possibility, we have concerns with amplified noise and restaurants
turning into nightclubs or after-hours clubhouse. Our neighborhood has
firsthand experience in this nightmare scenario, as you've heard, with
the nightclub and amplified music in the evening and late hours. Our
only protection has been the noise ordinance, and that has not provided
satisfactory results.
December 12, 2017
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We've had to enlist the help of both Collier County Code
Enforcement and local police to fight the noise and disruption from the
establishes. We find it hard to believe that mixed use is, you know,
compatible with our subdivision just 180 feet from the parcel,
including an amplified sound provision in the upcoming zoning change
to the PUD must be done, and the actual location of the commercial
enterprises and their accessible doors and windows within the parcels
should be specifically identified and addressed.
Also, with the building heights, you know, with the five-story
buildings, the current PUD only allows three stories. We definitely,
you know, want to make sure our line of sight is not adversely
impacted and, you know, with whatever wall we would have in place
at the time.
We want the parcel to be successful. We just respectfully ask the
Commission and petitioner to acknowledge our concerns and make
every effort in addressing them in hopes that we can compromise
between, you know, the commissioners, the elected officials, and our
association.
Thank you so much.
MR. MILLER: Madam Chair, your final registered speaker for
Item 9A is Blake Owen.
MR. OWEN: You won't need a clock for me. I'm just here to
support what everyone else has already said. There's going to be a lot
of issues with traffic and adding 300, probably 500 cars if you think
about 375 apartments: Noise, building heights, everything.
So we hope that you will consider all that we've had to say.
Thank you so much for your time.
CHAIRMAN TAYLOR: Thank you.
MR. OCHS: Madam Chair?
CHAIRMAN TAYLOR: Yes.
MR. OCHS: Mr. Bosi has a few comments from the staff
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perspective.
CHAIRMAN TAYLOR: Okay.
MR. BOSI: Good morning, Commission. Mike Bosi, Planning
and Zoning Director.
I just wanted to put on for the record the staff is recommending
approval to the Department of Economic Opportunity. Reminder, this
is a legislative issue. It's a transmittal issue for the Growth
Management Plan. It's a very deliberate process in regards to there's
two sets of hearings between the Planning Commission and the Board
of County Commissioners for transmittal, and then there's another set
of hearings at adoption with the Planning Commission and the Board
of County Commissioners.
So there's two bites at the apple. It's a very deliberate process.
Because we are changing our Growth Management Plan, it requires the
additional steps.
We feel that the application has satisfied the requirements of
Chapter 163 of the Florida Statutes which dictates the data and analysis
to support a Growth Management Plan change.
Another aspect that I could address, and it was related to the first
speaker, related to updated information. And what the issue was with
the Planning Commission is one of the Planning Commissioners had
asked about the original impact of the traffic at approval in '99, and the
transportation consultant had indicated that at that time the ITE book
was utilized. But with an amendment to the proposed ordinance, they
would utilize the most current ITE traffic counts and booklet.
So there was a -- there's a difference between that fifth edition and
the current edition, and that's where there was a perceived difference
within the information. But the utilization of the most current ITE has
been applied to this application.
And one of the things -- and I know the speakers have spoken in
disbelief -- but the overall effect is a reduction in trips. That's with -- if
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the 35 -- or the 375 residential units are developed. And that doesn't
have anything to do with the type of what -- the characteristics from a
traffic standpoint that residential units have compared to commercial
shopping.
Commercial shopping's an attracter, meaning it attracts trips from
a wide area, and those come -- or are dispersed over a longer period of
time.
When you have residential units, it's normally -- those are
generators. So generate trips outward, and those trips are more limited
in regards to the -- in comparison to a retail or an office environment
just because of that attraction in nature and the number of customers
that they receive.
So overall, even though we say that it's hard to understand how
375 units added to this site could be a net reduction -- and what it does
is it displaces -- the development of the residential displaces the
opportunity for additional commercial to be developed and, therefore,
at the end of the day, it's a net reduction.
A final thing I would like to comment related to -- or Growth
Management's recommendation of approval, the characteristics of this
site being two major collector and arterial roads, those are normally
where we have our activity centers. And this isn't an activity center.
This is a commercial subdistrict that was added in 1999, but the
physical characteristics, the location, intersection of two intersections
is one of the areas where our growth management, our Future Land
Use Map would suggest an activity center or the highest intensity of
our land uses would be provided for.
And following the recommendation of your Housing
Affordability Plan that was accepted, this is the location. The intensity
of that commercial activity has already been designed and is being
absorbed by this -- by this intersection. The replacement of square
footage of commercial for multifamily rental residential units from the
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staff's perspective, from the recommendations that are contained within
your housing plan, this is the type of -- these are the type of proposals
that we want to promote, and these are the type of proposals, in terms
of providing for diversity within our housing stock within our
urbanized area, we're going to see more of as the disruption within
square footage and the supportable square footage that could be
maintained within one area given the other avenues for obtaining retail
goods and services.
You're going to see, and I believe we're going to see, and we want
to promote, this type of an exchange of commercial square footage for
residential square footage because, as we talked about or as was
mentioned during the Agenda Item 5 related to affordable housing,
there's two different approaches. There's a government-restricted
approach, but there's also a market-rate approach. There's a 97 percent
absorption rate within our multifamily structures throughout the
county. There has to be a supply-side approach to address those.
We did that with -- we did that at Radio Road and Livingston
with the Briarwood addition of the multifamily units. We're adding to
the supply, and we're trying to effectuate positively that
supply-and-demand curve and that relationship between the rents that
could be charged and the availability of these units.
So this is a -- this is a project that hits a lot of goals for Collier
County and not just -- not just from a housing diversity standpoint.
I know there's some skepticism, but the anticipation -- and we
heard some of the comments there's a tremendous pressure from the
west moving east to get those workers back to the estate locations.
Well, that separation of uses, that separation between dwelling units
and economic opportunities, those negatively affect our transportation
networks. Adding additional residential units in close proximity to a
high number of job creation, creation opportunities, are things that we
want to promote, promoting those links, those links not just for goods
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and services, but for economic opportunities.
And with the amount of major employers within a 3- and 4-mile
radius of this location, Comprehensive Planning staff looked at it from
an overall -- from a positive perspective and, therefore, that's how we
recommended -- or arrived upon our recommendation of approval.
CHAIRMAN TAYLOR: I'd like to start first only because the
Northgate folks are in my district.
And, Mr. Bosi, if you'd just stay up there. Whereas, I understand
-- you know, I understand the rationale why staff approved this, but
your discussion, this should have happened 20 years ago. Let's deal
with 2017. Let's deal with the fact that the last time I counted there are
U.S. 41, Goodlette, Airport, parts of Livingston, and then I-75 going
north for a community that's going to be over almost a half a million
people eventually.
We don't have those north/south thoroughfares. You know, you
can't -- we don't have it where people can commute.
This -- Goodlette is one of those streets or roads going north and
south that works right now. But as we've heard testimony, and I don't
doubt it, part of the time, it's failing. The system's failing.
We've got a -- we've got a challenge, because it seems like our
zoning is project by project. We're not standing back and saying --
taking stock of what's happening today, what we want, which you
eloquently expressed. That's what we want. We want people living in
here. But what's guaranteeing the people are going to live in these
apartments? What's going to guarantee that they're not going to switch
to purchase?
How do we know what the rents are going to be? We've heard
testimony the rents are too high in Collier County. This is not market
rate. Are we going to insist that this is going to be for workforce
housing and for specific salary levels?
I mean, in theory I understand it, but we've got to have -- we've
December 12, 2017
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got to plan this, and I just -- I'm getting concerned that our planning is
myopic at best; that we amend a comprehensive plan that is supposed
to be our planning document. But if it's our planning document, why
do we keep amending it? Why do we amend it every -- have it every
other -- twice a year? Why is this happening?
I'm not -- this is not a criticism of you. This has been the way
we've done business. But I'm looking at growth. I'm looking at infill
and urban areas; that's very, very important. It is going to change. I'm
not one of those folks that say it's not going to change, but it's how
we're going to change, and I don't think we've addressed it.
I don't think we've looked at planning which isn't driven by a
project but it's driven by the experts coming to us and looking at the
community as a whole saying this is the urban, this is the -- this is the
-- this is where we're going to have infill. How do we want to grow?
Very much what you're doing on U.S. 41 east. You're worried
about the storage units. They're proliferating. What's the plan?
Where's the plan? Why is this happening? You know, how are we
going to address it?
This is tough. I'm not suggesting -- I'm not pointing fingers, and I
know Mr. Yovanovich is very nervous back there. I'm not pointing
fingers. I'm just saying I'm so reluctant to approve this because it's a
project that's driving another project. We're creating a district because
of a project. That's the craziest thing I've ever heard of. It's not.
So it's troubling. I've been struggling with this for a few days;
you can hear it. And I really would like to look at Pine Ridge as a
whole before we do anything on it. I really would look, because it is
failing in many areas. You know that further east it's failing. But it's
very tough here. Very tough. So anyway.
Commissioner Solis?
COMMISSIONER SOLIS: I guess I'll go next because --
CHAIRMAN TAYLOR: It's your district.
December 12, 2017
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COMMISSIONER SOLIS: -- it's in my district.
You know, and I understand these concerns about traffic, about,
you know, how we're planning in growth. And I think -- I think in
respect to what you were saying about why we keep amending Comp
Plans, I mean, the Comp Plan's a living document. We can't have a
Comp Plan that's stuck. That's what we have now in certain respects is
a Comp Plan that doesn't really reflect what we need, and that's why
we amend it.
I mean, we're talking about a proposal, as staff has identified, to
address exactly what we've been talking about in our Community
Housing Plan, to switch from the commercial uses at these -- although
this isn't in an activity center, it is essentially one, or maybe it should
be one -- to address the traffic.
And I certainly understand the concerns about noise and about,
you know, the things that we will, as a board, specifically address, the
specifics of the development of the development standards during the
PUD process. I mean, those are concerns that we certainly have to
address because of the proximity of not only -- Northgate?
CHAIRMAN TAYLOR: Northgate.
COMMISSIONER SOLIS: -- Northgate, but also the Pine Ridge
neighborhood is nearby.
And so, you know, this is a Comp Plan amendment that addresses
some of the things that we've been wrestling with. And I think if staff
is of the opinion that -- and the data backs up that going from a
commercial -- and I want to make sure that everyone's clear. This isn't
adding 375 units to the commercial shopping center as it is now. This
is a -- what would you call it -- a change from commercial to
residential.
You know, I think these -- if it's going to -- if it's going to reduce
the impact on Pine Ridge Road from the commercial uses to the
residential uses, that's something that we really need to -- we've been
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talking about supporting.
Secondly, the issues of the noise and all that, that will have to be
dealt with at the PUD level and certainly needs to be addressed. I
think certainly the owners -- and I know this is -- I'm pretty certain that
an issue is in the PUD at the Mercato, I would assume, that the hours
of operation and when there can be noise and there can't be any noise
is something that was addressed in that process. That's what that PUD
process is for.
Just like the building height. There's a reference -- there's a
change in the Growth Management Plan here that talks about -- it will
-- a maximum of four stories, right? But that's the maximum. What
it's actually going to be and what it will be limited to is part of the PUD
function. We will be addressing that specifically when it comes back
for the PUD amendment if it comes back for a PUD amendment.
So, you know, I think we have to understand that this is a Comp
Plan amendment that the staff and the Planning Commission has said
is consistent with what we are trying to do as a community, and I think
we need to support it.
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Thank you.
First I have a quick question, and that is, one of the first speakers
spoke of the noise at night coming from a bar or something, like that
loud music and so forth. When -- if this was approved, would that
loud music still be there? Is that a different part of it or --
CHAIRMAN TAYLOR: It's a different piece.
MR. YOVANOVICH: Let me explain that if I may. First of all,
you know, Commissioner Solis is correct in that we're doing a Comp
Plan Amendment but the actual details will be addressed in the PUD.
The current PUD as it sits today is all commercial and retail and
office with no hours of operation in it at all.
We heard loud and clear at the Planning Commission, the
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Planning Commission said, when you bring back the PUD, a couple of
things need to be addressed: Noise related to commercial buildings.
So there will be provisions in the PUD addressing those issues that
don't currently exist. That's one of the benefits of going through this
PUD amendment process; two, they asked us to make sure we had a
distance requirement from Pine Ridge Road where the closest
residential building can be to address the sightline issue that the
residents have made.
You will get all of those details in the PUD as part of the process.
We won't -- so the answer to your question is right now there's no
limitations on hours of operation. We anticipate through the PUD
amendment process that there will be. We are not the noise issue. The
noise issue is the PUD next door. We will make sure --
COMMISSIONER FIALA: That's what I was trying to ask you
was --
MR. YOVANOVICH: Right.
COMMISSIONER FIALA: Is the noise from a certain area
going to be then removed because you're building in this, or is that part
of the shopping center that will remain?
MR. YOVANOVICH: Well, the noise actually occurs -- I don't
want to name the name of the business, but if someone wants to say it
out loud from the audience.
UNIDENTIFIED SPEAKER: Noodles.
MR. YOVANOVICH: Okay. Which is in the Mission Square or
-- I can't remember the name of the PUD.
COMMISSIONER FIALA: Down the street.
MR. YOVANOVICH: Right. We will make sure we can't have
that situation within our PUD because we will address the legitimate
concerns by the neighborhood that they don't want to hear music from
a restaurant that becomes a bar at night.
COMMISSIONER FIALA: I was just hoping it would be
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eliminated.
MR. YOVANOVICH: I wish we could, but we can't. But we
can make sure it doesn't get worse.
COMMISSIONER SOLIS: But, certainly -- I'm sorry. But the
residents -- I mean, the residents that would be living here wouldn't
want that either.
MR. YOVANOVICH: No.
COMMISSIONER SOLIS: They would be the closest, I think.
MR. YOVANOVICH: Right. And we anticipate -- so there's --
as you guys know, you've been around long enough, the PUD's going
to get into the nitty-gritty details to make sure that their concerns are
addressed.
COMMISSIONER FIALA: Okay. The second thing I wanted to
talk about would be a number of them mentioned the height of the
building. So maybe before -- you know, being -- I know that you all --
every developer asks for the moon and stars and then wrapped up in a
bow, right? But maybe if you could be -- it would be a more realistic
request to be three stories maximum rather than, you know, saying four
stories or even five stories. Maybe that would be something that could
be accessible -- or acceptable, and also that it would be less units,
because now you're not talking -- you're talking 375. So what about
two and a quarter or 250?
Now, that's something -- I realize that is done later on, but that
affects my vote, because I don't know if it would be done later on.
MR. YOVANOVICH: Well, remember, this is just the
transmittal.
COMMISSIONER FIALA: I understand that.
MR. YOVANOVICH: The adoption happens.
COMMISSIONER FIALA: That's what I'm saying is it's going to
affect my vote as far as transmittal goes.
MR. YOVANOVICH: Well, I don't have the answer for you
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today as far as the number of units coming down. But another thing
we were asked, between transmittal -- because the Planning
Commission recognized that just because you get transmitted doesn't
mean you get adopted. They've asked us to look at those issues:
Height and the number of units part of both the adoption hearing and
the PUD hearing, recognizing that if we don't satisfy those concerns of
the Planning Commission, we will not get adopted or we may not get a
PUD. Keep in mind, we've got to get four out of five commissioners
for both the adoption and the PUD amendment.
So we didn't get a -- we didn't get a free ride from the Planning
Commission. We were given homework to do between the transmittal
hearing and the adoption hearing to satisfy those Planning
Commissioners in making a recommendation of ultimate adoption.
COMMISSIONER FIALA: And every time I go through that
intersection, I cannot believe how much traffic is in there. It's just so
full of traffic. And I really feel sorry for the people that live there right
now. And I worry about adding more traffic to that even -- you know,
right now there's that much traffic and the area is almost empty as far
as commercial goes. So what I see is more traffic.
MR. YOVANOVICH: And I understand that. Can I make two
more comments, because I think we jumped to discussion, which is
fine.
COMMISSIONER FIALA: I'm done, though.
MR. YOVANOVICH: But just a couple of comments that were
made by the public I'd like to address and then --
CHAIRMAN TAYLOR: Well, we have one more commissioner.
MR. YOVANOVICH: Okay. I'm sorry.
CHAIRMAN TAYLOR: Okay. Go ahead.
COMMISSIONER McDANIEL: Yes.
I would like to speak to our County Attorney for a moment. He
brought up something at the beginning of this, and I just wanted a
December 12, 2017
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point of clarification, if I may, sir.
Is it typical for us to be addressing traffic issues within the GMP
transmittal process?
MR. KLATZKOW: Yes.
COMMISSIONER McDANIEL: Okay. Is it typical for us to be
utilizing dated traffic information with regard to traffic generation
from a project's change of use?
MR. KLATZKOW: Your data and analysis needs to be current.
COMMISSIONER McDANIEL: And, Mr. Bosi, if I'm not
mistaken, you did say that this submittal does utilize the most -- the
newest traffic information that is, in fact, available?
MR. BOSI: Yes. Yes, it does.
COMMISSIONER McDANIEL: Okay.
My next question or statement that I wanted to make, more
specifically, was to the folks that have concerns with regard to this.
There are mechanisms in place that are available. At every single one
of the our intersections there's a phone number that's posted for our
traffic operations system.
Oftentimes intersections fail or get exacerbated because of
people's impatience and the like. I know myself I have regularly called
that Traffic Operations number to report an issue. Signalization
changes, one of those kids hits the button or a pedestrian hits the
button, and the whole system ends up out of whack. And if we all, as
residents who travel our community, take advantage of our traffic --
notification to our Traffic Operations, we can assist with the
congestion that, in fact, occurs.
Similarly, with regard to the noise issue and the line of sight,
those are all -- in the process, those are all items that are going to come
back before maybe not this board, but a board at some particular time
that will allow for the concerns that have been addressed to be
addressed at that time.
December 12, 2017
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CHAIRMAN TAYLOR: Thank you.
Commissioner Saunders?
COMMISSIONER SAUNDERS: A question for the County
Attorney. If we transmit this in the form that it's in, what flexibility do
we have when it comes back in terms of the Comprehensive Plan
amendment? Are we able to adopt something that's different than what
is submitted?
MR. KLATZKOW: You could adopt something that's more
restrictive.
COMMISSIONER SAUNDERS: Okay. For example, on the
height issue, we could deal with that in the Comp Plan adoption
process.
MR. KLATZKOW: Yes, sir. But you couldn't add more.
COMMISSIONER SAUNDERS: Couldn't add more, but we
could be more restrictive.
And I think, Commissioner Fiala, that may answer a couple of
your questions in terms of how do we deal with this.
I think it's important for the residents to understand that this is the
first step of a three-step process. They will get approval from the
Department of Economic Opportunity. I don't see them ever rejecting
a request for a Comp Plan change. So it will come back to us in the
form that they're sending it up, but we will have the ability to make
changes if we so desire at that point -- when it comes back for
adoption.
MR. KLATZKOW: Yes, sir.
COMMISSIONER SAUNDERS: All right.
CHAIRMAN TAYLOR: Just to my colleagues, does it not
bother you or does it not cause you concern, that's the much better way
of putting it, that this is zoning project by project that we're practicing
in Collier County; that we don't have a Comprehensive Plan that is a
living document but it isn't on life support because it has to be
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amended twice a year? Doesn't that -- doesn't that cause you some
angst that we're not planning; we're reacting.
We're not planning. We're not looking at what's going on today.
We're looking at what was approved because of the law. And Mr.
Yovanovich knows it well, the Bert Harris, you know, that you've
given them the zoning, but we're not looking at the bigger picture.
That's what concerns me. And that's why, when I saw this, my reaction
was, wait a minute. We're creating a district from one project or
changing the name of the district, and knowing what is there; we're not
looking east, west, north, or south.
We are a community that's growing. The growth button is pushed
on, as staff has so eloquently said, but we're not planning for it. We're
reacting to it, and that's what worries me.
MR. YOVANOVICH: May I speak on a couple of issues,
please?
CHAIRMAN TAYLOR: Yes. Yes, sir, you may.
MR. YOVANOVICH: Thank you.
First of all, one of your comments was, how do you know it's not
going to convert to owner occupied? And in the Comp Plan language
it is very specific that it has to be rental, so it cannot convert.
CHAIRMAN TAYLOR: Market rate? Are we doing workforce
housing and --
MR. YOVANOVICH: And those are issues -- if you could show
me -- I'm only aware of one Comprehensive Plan district that ever
addressed the income limitations in the Comp Plan. I don't know of
any others. Now, we have addressed in other PUDs that have come
through, giving proprietaries, will it be certain number was units. You
know, we did it for the Vincentian PUD, if you remember; we did a
Comp Plan amendment for that, and we -- and in the PUD we talked
about would we set aside a certain number of units for essential service
personnel and the like.
December 12, 2017
Page 80
That you will find, typically, in the PUD. I don't know of any
except for one where you did that in the Comp Plan. Those are all
issues that we expect will be addressed as part of the PUD amendment
process.
And all of that will be factored into the viability of doing a
market-rate apartment complex at this site. Depending on how many
limitations you put on the property and the project, you know, it affects
the viability.
But we're rental. Comp Plan says we have to be rental, so we'll
always be rental absent going through another Comp Plan amendment
process.
And we do look at transportation and all issues on a whole. We
have to address that as a Comp Plan amendment process. And,
honestly, you have the ability I believe it's to do three cycles of Comp
Plan amendments every year. We're the only one in this cycle. Just
because you make the cycles available doesn't mean that you see a
wholesale change to your Comp Plan.
You're going through a lot of detailed studies for other areas, but
you will -- if you look at your existing Comp Plan in the urban area,
you do not have opportunities to develop what is needed in the urban
area, apartment complexes at the density you need absent the
Comprehensive Plan amendment process, because you just don't have
any Comp Plan districts that allow it to happen, so that's why we're
doing this.
CHAIRMAN TAYLOR: So you just made my point; you just
made my point.
MR. YOVANOVICH: Well, your system is broken, and we're
trying to fix it.
CHAIRMAN TAYLOR: Project by project instead of looking at
it holistically.
MR. YOVANOVICH: Well, I get that but, you know, at times
December 12, 2017
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we can't wait for the holistic approval. And we're not creating a new
subdistrict. We're not renaming the subdistrict. We're just using the
existing subdistrict and adding the multifamily use. The confusion
may be in the name of the PUD versus the name of the subject.
CHAIRMAN TAYLOR: And I'm not faulting you for coming
here. This is business as usual in Collier County. I'm just saying this
business as usual needs change.
MR. YOVANOVICH: Well, and --
CHAIRMAN TAYLOR: And I'm only one voice up here; I'm
only one voice. But can we talk about the kids?
MR. YOVANOVICH: Oh, absolutely. And that's -- you know,
again, I know Mr. Solis' children went to Pine Ridge Middle School
and my children went to Pine Ridge Middle School. I could tell you
every morning when I dropped them off, I came out onto Pine Ridge
Road where the traffic light is. And the kids who come from
Northgate come out of a gate right at a traffic signal where there's a
crossing guard to make sure they're safe. So when they go to school,
they cross the street at a traffic signal where there's a crossing guard.
Likewise, when you're coming down Goodlette-Frank Road and you're
going on Panther Lane, there's a crossing guard.
So I can assure you that the children will not be negatively
impacted by these cars because there are crossing guards and traffic
signals accessing the schools. And I know that from firsthand
knowledge. I'm sure Commissioner Solis knows that as well.
CHAIRMAN TAYLOR: Right. Thank you.
COMMISSIONER FIALA: I'll make one last comment, if I may.
One of the things -- if there's a positive about this, the positive is
if this moves forward, it will remove the commercial aspect of it
because no matter what, you're not going to let the property sit there
empty. And so I like the idea of removing the commercial, because
that would even be more traffic, okay.
December 12, 2017
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I do not like the number of units that we can't change now
anyway. And I do know that, depending on what that -- what those
changes are, when it comes before us for a final vote, I'm going to be
very careful to note how many -- how tall the buildings are and how
many people are in it, because then my vote is going to mean a heck of
a lot. Right now I can see where it is is -- right now it's 3-1, and I'm
sitting here deciding whether it's going to be 4-1 or 3-2, but either way
it's going to go through.
But I just wanted to put that on the record that we have to make
sure that when we're actually coming to the final blow-by-blow, that I
wouldn't vote for it unless it was reduced in height and it was reduced
in numbers, okay.
Okay. So I've said my piece.
CHAIRMAN TAYLOR: All right. Any other comments?
(No response.)
CHAIRMAN TAYLOR: Okay. Do I hear a motion?
COMMISSIONER SOLIS: I'll move to approve Item 9A as
proposed and recommended by staff.
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN TAYLOR: There's a motion on the floor and a
second. Any other discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed?
Aye.
Carries 4-1.
CHAIRMAN TAYLOR: Just another comment before we leave
December 12, 2017
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this, only because of the Northgate area. I know we have -- do we
have ordinances that cover amplified music and the sound?
MR. BOSI: Yes.
MR. OCHS: Yes.
CHAIRMAN TAYLOR: Let's get it enforced with this business
that does seem to thumb, you know, their nose at what we're doing.
MR. KLATZKOW: They are being enforced, ma'am. The issue
is at the decibel levels, it doesn't matter. They're not going beyond --
CHAIRMAN TAYLOR: Oh, we need to lower the decibel
levels?
MR. KLATZKOW: It doesn't matter. When you're trying to
sleep at night, it doesn't take a lot of noise to keep you up.
CHAIRMAN TAYLOR: Then there's got to be a way. We did it
in the --
MR. KLATZKOW: It's hours of operation is about the only way.
CHAIRMAN TAYLOR: Hours of operation. Let's pull this back
and take a look at it, if we could. I'd like to discuss this, please, not --
certainly not -- I just would like to discuss the hours of operation and
the leniency within our laws that allows a restaurant to become a
nightclub and stay open till 2:00 in the morning.
MR. OCHS: Is that a consensus or majority direction from the
Board?
CHAIRMAN TAYLOR: Again, this is discussion.
MR. OCHS: I understand.
COMMISSIONER FIALA: Sure.
MR. OCHS: That's two.
COMMISSIONER McDANIEL: Just as a point of reference,
interimly, and it doesn't have to do necessarily with just this, but there
is a system that is available right now called AIMS, Agency
Information Management System. And with an email to one of your
commissioners, either that that you get to vote for or of me, you can let
December 12, 2017
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us know of issues that are transpiring that are outside of things that you
care for.
And with, then, that comes to your, as I regularly referred to
myself, your elected complaint and then, to the County Manager's
Office, to your staff, Code Enforcement, and the like so that all hours
of day and night circumstances can, in fact, be managed.
I've been using this AIMS system very, very effectively for
circumstances that pop up that negatively impact our residents in
District 5.
CHAIRMAN TAYLOR: So --
COMMISSIONER McDANIEL: What? Was I going too long?
CHAIRMAN TAYLOR: -- did you get consensus to bring it
back?
MR. OCHS: I'm counting two heads shaking right now.
COMMISSIONER SOLIS: I have no problem discussing it, sure.
MR. OCHS: Okay.
CHAIRMAN TAYLOR: Okay, four.
COMMISSIONER FIALA: Okay. Before we -- before
everybody walks off -- or you can. I just wanted to bring up, we've got
City Council people here from Marco Island. They're here for one
subject. It should be quick and easy. I was just hoping we could take
them next.
CHAIRMAN TAYLOR: Okay. But we've got a time-certain at
11 o'clock, and it's now a quarter to 12.
Mr. Cohen?
MR. COHEN: Madam Chair, Thaddeus Cohen, GMD
department head.
I wanted to give you all a heads-up that I attended an exciting
meeting that Mike held this past Thursday looking at the growth
management model that the county has currently, Version 1. We're
looking to move forward on Version 3.
December 12, 2017
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So a lot of the issues that just came up on how we're thinking
about these things globally, looking at the entire county is what the
model's going to be doing is something that we want to give you a
presentation on. We'll be working with the County Manager's Office.
Hopefully it will be the second meeting in January so that you get a
better feel for how it is that we're looking at these projects within the
context of the overall concept for the county.
COMMISSIONER McDANIEL: Which model was that? I
missed that.
MR. BOSI: The CIGM.
MR. COHEN: He knows what that is. He's giving it a plug there.
So we're hopeful that we'll have that put together.
The actual developers of that model will be the ones who are
giving the presentation. So we're excited about the tools that we have
to be able to address a lot of the issues that you just brought up today.
CHAIRMAN TAYLOR: Thank you. Thank you very much.
That's good news.
MR. OCHS: Madam Chair, would you like to proceed with your
11 a.m. time certain?
CHAIRMAN TAYLOR: Yes.
Item #11F
AGREEMENT FOR SALE AND PURCHASE AND LEASE
AGREEMENT WITH CG II, LLC FOR THE PURCHASE AND
LEASE OF PROPERTY TO ACCOMMODATE THE FUTURE
COLLIER COUNTY SPORTS COMPLEX, NOT TO EXCEED
$12,142,537.50 – APPROVED
MR. OCHS: This is Item 11F. It's a recommendation to approve
an agreement for sale and purchase and lease agreement with CG2,
December 12, 2017
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LLC, for the purchase and lease of property to accommodate the future
Collier County Amateur Sports Complex.
Mr. Casalanguida will present.
MR. CASALANGUIDA: Thank you, Boss.
Commissioners, this is just a follow-on item to what we presented
this summer when you approved the concept moving forward. I want
to be brief.
COMMISSIONER SAUNDERS: Do we have any registered
speakers?
MR. CASALANGUIDA: You have four, I believe.
MR. MILLER: We have four registered speakers, yes, sir.
COMMISSIONER SAUNDERS: Could we hear the registered
speakers? The presentation, I think we understand what the --
CHAIRMAN TAYLOR: Just give us the Cliff Notes.
MR. CASALANGUIDA: I'll give you the 30-second version.
COMMISSIONER SAUNDERS: Thirty seconds would be good.
MR. CASALANGUIDA: Sure. Your bond validation was
completed this summer, and you've chosen a contractor this morning.
The purchase and sale agreement covers the 60 acres.
We received one additional acre as part of that. That's a
good-news item. Feel free to talk to me off-line how, but I think the
developer and us agree that some additional land was to the benefit to
the county and them.
So our appraisal's coming in at about 240,000 an acre. We've
achieved about a 20 percent savings, not including the additional acre.
You have two and a half acres of flexibility.
There are other contract terms in this, but they're all consistent
with what I presented you over the summer, which is the water
management preconstruction and development permits ready for
construction. The next phase will be the RFP for design, and we'd be
procuring the property in February.
December 12, 2017
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CHAIRMAN TAYLOR: Thank you.
MR. OCHS: Financing.
MR. CASALANGUIDA: Financing will be covered from
short-term commercial paper, ultimately rolled into some long-term
debt for the county, and that is being handled by Mr. Isackson.
CHAIRMAN TAYLOR: Okay. And so -- that's good. Has
anyone got any questions about that?
(No response.)
CHAIRMAN TAYLOR: So I think if our speakers would like to
talk us out of it, please come forward.
MR. MILLER: Your first speaker is Dr. Joseph Doyle. He's
been ceded three additional minutes from Sandy Doyle, who is present,
and he will be followed by Keith Flaugh.
DR. DOYLE: Good morning, Commissioners, Dr. Joseph Doyle,
Naples.
As I was here this summer, I'm still against this entire project.
You know, starting with the penny tax that's going to fund it, or fund
the debt service.
We have had -- Irma changed everything. And I really think we
need to reassess our priorities.
Yes, you know, we're cleaning up and things are turning around,
but I really think we need to really look at all the priorities in this
county. And it doesn't matter the fact that it's coming from the tourist
tax. It's still taxpayer money.
We have a project that I think has been ill-conceived from the
beginning. We're looking at a $12 million land purchase here. I don't
know who the current owners are. It seems to me, just from the sniff
test, that someone's trying to sell a piece of land that they might
otherwise not be able to use or sell.
We already went -- looked at property in this same area, and I
don't know if it's the same parcel or not, but we said we didn't want the
December 12, 2017
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baseball training there because of the traffic issues. So it's still down
by I-75/101 interchange.
We heard this summer that you still can smell downwind the
county dump. So if spectators are there, they may get winds coming
from the wrong direction and -- spectators and players, you know.
But, more importantly, if we do have this economic downturn -- I
know I've been talking about it for quite a while but let's face it, the
bubbles are all inflated and they're ready to pop -- the taxpayers of
Collier County will be on the hook for the debt service on this land.
Now, you're going to use commercial paper right now. You're looking
at a bond issue. Not quite sure when that bond issue's going to be, but
we hear that, this week, the Federal Reserve is looking at raising
interest rates. So we already know that the cost of borrowing money is
going to be going up within the next week or so. Let's just start with
that.
If we do end up in an economic recession/depression worldwide,
perhaps, we won't have tourists coming to fund that tax because they
won't be -- the citizens of Collier County will be on the hook for that
debt service because it's the full faith and credit of Collier County
residents. I don't care what everybody says. You know, at the end of
the day, that's where -- the buck stops there.
So I really think that we should not go ahead with this land
purchase. I think we really should look at this whole project and look
at all of our priorities. We have beaches that need to be renourished
off of that tourist development tax. There's a lot of infrastructure
damage that we probably don't even know about from Irma.
So I'm asking you not to go forward with this -- with this project,
and that would begin right now with purchasing the land. Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Keith Flaugh. He will be
followed by Louis Piche.
December 12, 2017
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COMMISSIONER McDANIEL: Keith's not in the room.
MR. MILLER: Louis Piche. Is Louis Piche present? He is
present. If Mr. Flaugh comes in, we will get to him after Mr. Piche.
MR. PICHE: Good morning. Thank you, Chair, members of the
committee. My name is Louis Piche. I'm Field Director with
Americans for Prosperity, and I will keep my comments brief.
While some are coming forward today to debate over which piece
of land fits the project, our position is the entire Amateur Sports
Complex Project should be abandoned altogether because it doesn't fit
within the core functions of government.
Instead of seeking out new ways to expand the size and scope of
government in our county, we urge the committee to keep the main
thing be either reducing taxes or focusing on key infrastructure.
Thank you very much.
CHAIRMAN TAYLOR: Thank you very much.
MR. MILLER: I was unable to locate Mr. Flaugh, so I guess we
are finished with our speakers.
CHAIRMAN TAYLOR: Okay. Do I hear any discussion?
(No response.)
CHAIRMAN TAYLOR: Do I hear a motion?
COMMISSIONER SAUNDERS: I'll make a motion to approve
the staff recommendation to continue to proceed with the acquisition
and the project.
CHAIRMAN TAYLOR: I'll second that motion.
Any discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: (Absent.)
December 12, 2017
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COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries 4-0.
COMMISSIONER SAUNDERS: Madam Chair?
CHAIRMAN TAYLOR: Yes. Commissioner Solis
unfortunately had a conflict, and he had to leave the dais.
COMMISSIONER SAUNDERS: We do have the item for the
City of Marco Island.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SAUNDERS: My sense is that that's going to
get a unanimous approval, and so why don't we try to --
CHAIRMAN TAYLOR: I agree. No, no. That's --
COMMISSIONER McDANIEL: Good idea.
CHAIRMAN TAYLOR: You stole my thunder, sir.
COMMISSIONER SAUNDERS: Oh, I'm sorry.
CHAIRMAN TAYLOR: That's what I was going to say.
COMMISSIONER FIALA: And mine, too.
COMMISSIONER SAUNDERS: I take it all back. You go
ahead and say what you were going to say.
COMMISSIONER McDANIEL: We'll give the thunder to
Commissioner --
CHAIRMAN TAYLOR: So we're going to have -- the reason we
want to do this –
Item #11A
DECLARE THAT EMERGENCY CIRCUMSTANCES EXIST
BASED ON DAMAGE CAUSED BY HURRICANE IRMA TO
COLLIER CREEK; AUTHORIZE AN EXPEDITED
PROCUREMENT PROCESS TO OBTAIN QUOTES AND
December 12, 2017
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NEGOTIATE A CONTRACT; AUTHORIZE THE COUNTY
MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT
TO BE PRESENTED TO THE BOARD FOR “AFTER-THE-FACT”
APPROVAL AT THE NEXT REGULARLY SCHEDULED
COMMISSION MEETING; AUTHORIZE THE NECESSARY
BUDGET AMENDMENT; AND MAKE A FINDING THAT THIS
ITEM PROMOTES TOURISM – APPROVED
MR. CASALANGUIDA: Yes, Commissioners, that's Item 11A.
That's the Hurricane Irma Project Repair and Dredge Collier Creek.
And Gary McAlpin, your Coastal Zone Manager, will present the item.
MR. McALPIN: Madam Chair, I could answer questions or do a
short presentation. Your preference.
CHAIRMAN TAYLOR: Just, you know, 30 seconds, tell us why
this is important, what's going on, and why it has to be an emergency.
MR. McALPIN: Certainly.
Hurricane Irma made landfall in Marco Island, and Collier Creek
took the brunt of the damage. We had measurement gauges out in
Collier Creek, and we recorded a velocity, current velocity of nine feet
per second and a tidal swing of eight feet over a three-hour period.
As a result of that, you had a tremendous amount of sand
overwash from the existing jetty that filled Collier Creek both at the tip
and at the midsection. The tip was destroyed. We have to repair that.
And this is complicated by the fact that the Ville de Marco
Condominium just to the east of us suffered extensive structural
damage, and the rubble, concrete rubble and debris, could be in the
pass. We're trying to sort that out right now.
In any event, you have a serious issue to navigation, serious issue
to public safety. Typically this pass would have 10 feet of draft at low
tide. Now we're looking at something in the range of four to five feet.
And we need to -- from a public safety point of view, our
December 12, 2017
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recommendation is to move forward as quickly as we can.
CHAIRMAN TAYLOR: Thank you. That really says it;
unbelievable.
COMMISSIONER McDANIEL: Do you want me to make the
motion?
COMMISSIONER FIALA: Yes. I'll make a motion to approve.
COMMISSIONER McDANIEL: And I'll second.
MR. MILLER: Madam Chair, I have four registered speakers for
this item.
Your first speaker is Bob Brown. He will be followed by Daniel
High.
MR. BROWN: Bob Brown, City Council, City of Marco Island,
and I'll make it super brief, because I think Mr. McAlpin gave you all
of the valid details. I just wanted to be here just in case there had been
any specific questions.
It is a significant issue to us, our commercial folks. It affects a
third of the boaters on the island, so it's very, very important to us. So
I'm not going to take any more of your time.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Daniel High. He'll be
followed by Ben Farnsworth.
MR. HIGH: Good morning, Commissioners. Daniel High,
general manager of Marco River Marina, Incorporated, doing business
as Rose Marina. Just completed our 50th year as an operating marina
on Marco Island.
Thank you for what sounds like unanimous support for this. We
have numerous large commercial vessels that are impacted by this that
have livelihoods and crews. If there's a possibility to do a first pass of
dredging by February of 2018, I assume you're going to have to dredge
to get work barges and such items in that pass anyway. If there is a
way to push for a first pass of dredging as early as possible, certainly
December 12, 2017
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before the peak of season, it would be much appreciated by the
numerous commercial vessels that operate that area.
Also, if you run aground currently -- and we're about to go into
peak season. If you run aground unexpectedly in there, it's not like
running aground in open water. You're running aground in a very fast
current.
Currently, if someone's knocked out of their boat, God forbid,
they're immediately separated from their boat, washed into --
underneath the Ville de Marco condominiums or the docks that are
over there.
So swift action would be appreciated by the recreational
commercial boaters and the people whose livelihoods depend on that.
Thank you very much.
MR. MILLER: Your next speaker is Ben Farnsworth. He'll be
followed by Jared Grifoni.
MR. FARNSWORTH: Hello. Thank you for allowing me to
speak. Ben Farnsworth. I'm the president of Ville de Marco West, the
condominium that is just to the easterly shore of Collier Creek.
I also support this. We've sat and watched numerous boats -- I
mean, maybe as many as a dozen -- get stuck in the creek for long
periods of time. Some of them going abreast of the creek making it
very difficult for boats to go around them. I think this is something
very necessary, and I think they should do it as soon as possible.
The only concern we have or at least an idea that I want to
mention -- and I've already made this to Mr. McAlpin -- is that we
work together. Ville de Marco West will be starting probably a six- to
eight-month remediation of the area replacing the seawall in very
fast-moving water. It will be a complex project. And I've asked Mr.
McAlpin if the county will work and coordinate with us and help us
any way they can. He has agreed that we'll sit down and do some
planning to make sure that the dredging and whatever he is doing does
December 12, 2017
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not affect our future construction.
Thank you very much.
MR. MILLER: Madam Chair, your final speaker on this item is
Jared Grifoni.
MR. GRIFONI: Thank you, and thank you, Commissioners.
I don't want to take up too much of your time. It's all already been
said by our Marco Island residents and other members here.
I sent an email to all of you earlier this week, and I want to thank
you for your responses, your prompt consideration of this issue. It is
an ever-present danger to both life and property. And, of course, there
is the substantial economic impact that the citizens of Marco Island or
businesses on Marco Island will be impacted throughout season.
So the sooner that this is dealt with, the better, of course, for
everybody involved, and we appreciate your support on this. And if
there's anything that we can do, you know, please do not hesitate to
reach out to us.
Thank you.
COMMISSIONER FIALA: And I just want to tell you that Gary
McAlpin, just to confirm, he is working so hard to get this thing
moving forward quickly. That's why we put it on this agenda. Gary's
moving forward. He's making arrangements with everybody because
he knows this pass is vital to Marco Island. It's vital to the boaters,
vital to our tourism. So I just wanted to assure you he'll do that.
CHAIRMAN TAYLOR: All right. Is there a motion?
COMMISSIONER SAUNDERS: There is a motion.
CHAIRMAN TAYLOR: There is a motion already. Okay. Any
more discussion?
(No response.)
CHAIRMAN TAYLOR: All right. Hearing none, all those in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
December 12, 2017
Page 95
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: (Absent.)
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously, 4-0.
COMMISSIONER FIALA: This was an easy one.
MR. McALPIN: Thank you, Madam Chair.
COMMISSIONER FIALA: Thank you, everyone, for being here.
Curt, good to see you again.
CHAIRMAN TAYLOR: So we'll have an hour break and
reconvene at 1:03.
(A luncheon recess was had.)
MR. OCHS: You have a live mike, Madam Chair.
CHAIRMAN TAYLOR: Thank you very much. So I believe
we're on 9B.
MR. OCHS: That is correct.
CHAIRMAN TAYLOR: Okay.
MR. OCHS: This is an item that was moved from the summary
agenda at the request of both Commissioner Taylor and Commissioner
Solis. It's a recommendation to adopt an ordinance reestablishing the
County Government Productivity Committee.
CHAIRMAN TAYLOR: So I asked -- Commissioner Solis isn't
here, but I'm assuming he is here, right? He's --
MR. OCHS: We'll check.
COMMISSIONER McDANIEL: Might I make a suggestion that
we move this agenda item to a different number on the list since
Commissioner Solis asked to have it brought up for discussion?
CHAIRMAN TAYLOR: Well, if he's back there -- that's what
we're trying to find out. If he's back here, we're going to continue it. If
December 12, 2017
Page 96
not, we'll just move it to another -- a little bit later in the meeting.
That's what we're trying to find out.
COMMISSIONER SAUNDERS: Why don't you just go ahead
and move on, and when he gets here, just get back to it.
CHAIRMAN TAYLOR: We could do that.
COMMISSIONER McDANIEL: Say that again.
COMMISSIONER SAUNDERS: Just move on to the next item,
and then when he gets here --
CHAIRMAN TAYLOR: Well, if he's here, we're going to hear
it. If he's not here --
MR. CASALANGUIDA: He's not here, ma'am. He's running
late.
MR. OCHS: We'll just table this one and come back to it.
CHAIRMAN TAYLOR: Yep.
MR. OCHS: Do we need a vote for that, County Attorney?
CHAIRMAN TAYLOR: Yes. Do I hear a motion to --
COMMISSIONER McDANIEL: I kind of did make that motion,
but okay. I'll make the motion.
COMMISSIONER SAUNDERS: We don't need to vote on that.
Just move on to the next item.
MR. OCHS: Okay.
CHAIRMAN TAYLOR: Okay.
Item #11B
RESOLUTION 2017-251: TARGETED REDUCTIONS IN THE
COLLIER COUNTY GROWTH MANAGEMENT DEPARTMENT
DEVELOPMENT SERVICES FEE SCHEDULE RELATED TO
APPLICATION AND PLAN REVIEW FEES IN THE EVENT OF
A BOARD OF COUNTY COMMISSIONERS (BOARD) –
DECLARED DISASTER, AND TO APPLY THE TARGETED
December 12, 2017
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REDUCTIONS RETROACTIVELY TO THE FEES IDENTIFIED
IN THE PETITION RELATED TO THE LEE WILLIAMS FIRE
PRESENTED TO THE BOARD AT THE OCTOBER 10, 2017
MEETING UNDER ITEM #11G AND TO HOMEOWNERS
IMPACTED BY HURRICANE IRMA – ADOPTED
MR. OCHS: That moves us on to 11B. This is a
recommendation to approve some targeted reductions in your building
permit application and plan review fees related to applicants during
declared disasters by the Board of County Commissioners.
Mr. French will make the presentation.
MR. FRENCH: Good afternoon, Commissioners. Jamie French,
for the record. I'm your Deputy Department Head for the Growth
Management Department.
Commissioners, this item was -- back in October you had
instructed us to meet with the Development Services Advisory
Committee and the Collier Building Industry Association to come up
with a targeted fee reduction, for lack of a better term, that the industry
could support primarily because these are Enterprise Funds that are
allocated to pay for the total operations of the North Horseshoe facility
or a good majority of that in the regulatory function.
That item has been brought back. It was publicly advertised. It
was vetted. And a 50 percent reduction has been recommended. This
was based off of studies that we had looked at all 67 counties and what
they had done. Also, we took into effect the latest fee reduction that
was just adopted on -- just getting back from lunch -- adopted on
October 1st.
So what this will do is that this will work on or this will allow us
to allocate those savings toward the single-family homes as well as
their detached car -- or I'm sorry -- attached carports and garages as
well as townhomes and other -- I won't say multifamily, but for all of
December 12, 2017
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those structures that would exist within the Florida Building Code
residential.
CHAIRMAN TAYLOR: Yes. Go ahead.
COMMISSIONER FIALA: Do we then publicize that we're
going to be doing that so people who had applied before and maybe
were not accepted will know that, or do we contact them, or how are
we going to spread that word?
MR. FRENCH: So, Commissioner, that's a great question. What
we did is within our permit application we identified those projects that
came forward after the storm. We allowed the permit applicant to
identify whether it was hurricane-related damage. We will go back to
all of those applications, and we will look at those. We will make
contact with them. It may take us a good amount of time, but we will
make sure we get through every one of them to contact them.
Now, there is some criteria. We want to make sure that it was, in
fact, related to the storm so that in the event that, for lack of a better
term, that we ever wanted to go back and audit that procedure, we'd at
least be able to show that it met the eligibility requirements for that
reduction.
COMMISSIONER FIALA: Wasn't it fire also?
COMMISSIONER McDANIEL: Yeah. I thought it was a -- yes.
I'm sorry, that was my question. I thought it was an all-disaster policy
for us.
MR. FRENCH: It would be, but I think what your question was,
Commissioner, and correct me if I'm wrong, you asked if we were
going to go back, take a look back to those people that would have
suffered damages that have already come in the process through
Hurricane Irma, and the answer is yes.
COMMISSIONER FIALA: I didn't mention Hurricane Irma. I
thought in the past, because of the fires.
MR. FRENCH: It does include the Lee Williams fire victims as
December 12, 2017
Page 99
well, yes, ma'am, and that's identified within the executive summary.
COMMISSIONER FIALA: That's what I thought, but I just
wanted to make that clear.
MR. FRENCH: Thank you.
CHAIRMAN TAYLOR: And I have another question. Did you
say it includes or it doesn't include outbuildings?
MR. FRENCH: It would not include outbuildings. It's primary
residential structures, so that would not include guest homes. Guest
homes are not identified within our Land Development Code as an
occupiable space that you could occupy long term. It's for the
mother-in-law suite, relatives that come to visit, but it's not inclusive of
that at all, no, ma'am.
CHAIRMAN TAYLOR: I think this was a good compromise. I
was very impressed how this was written and what you've come up
with. I could support this. Okay.
All right. Commissioner Saunders, any questions or --
COMMISSIONER SAUNDERS: No.
CHAIRMAN TAYLOR: All right. So do I hear a motion and
discussion?
COMMISSIONER FIALA: You will.
CHAIRMAN TAYLOR: Wait. Do we have any speakers?
MR. MILLER: No, ma'am. I have no registered speakers for this
item.
COMMISSIONER FIALA: So I make a motion to approve this
subject.
CHAIRMAN TAYLOR: Second?
COMMISSIONER FIALA: I could say it formally and read that
whole thing.
COMMISSIONER McDANIEL: No, no. Second.
CHAIRMAN TAYLOR: Okay. There's a motion on the floor
and a second to accept the staff's recommendation for a targeted
December 12, 2017
Page 100
reduction in Collier County Growth Management Department
Development Services fee schedule for disasters, natural disasters.
Any other discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: (Absent.)
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
COMMISSIONER McDANIEL: Thank you.
MR. FRENCH: Thank you. Merry Christmas.
CHAIRMAN TAYLOR: Merry Christmas.
Item #11D
AMENDING THE PROFESSIONAL SERVICES AGREEMENT
NO. 06-4000 WITH CH2M HILL, INC. FOR THE UPDATE AND
COMPLETION OF THE DESIGN OF VANDERBILT BEACH
ROAD EXTENSION PROJECT IN THE AMOUNT OF $3,901,850
(PROJECT NO. 60168) - MOTION TO APPROVE – APPROVED
MR. OCHS: Item 11D is a recommendation to amend the
professional services agreement with CH2MHill, Incorporated, for the
update and completion of the design of Vanderbilt Beach Road
extension. The project is in the -- or the contract in the amount of $3.9
million, and Marlene Messam, your principal project manager for
Transportation Engineering, will make the presentation.
December 12, 2017
Page 101
MS. MESSAM: Thank you, Commissioners. Good afternoon.
For the record, as the County Manager said, Marlene Messam,
Principal Project Manager, Growth Management Department.
I have a very brief presentation, and I can show the presentation
to you or, if you have questions, I can also answer those.
CHAIRMAN TAYLOR: I think the overriding questions I'm
hearing -- wait a minute, we go back to the same developer or the same
CM2H Hill (sic) because they have 60 percent design plans right there.
And why is this more money than -- why is it so much money, I guess?
That's the question.
So I think we should answer that for the record. I know the
answer because I asked Mr. Cohen this before, but I think it's
important to bring it forward.
MS. MESSAM: Excellent, Commissioner.
I can take you to -- just to bring up the breakdown of why we are
going to this amendment and the cost associated with that.
CHAIRMAN TAYLOR: Okay.
MS. MESSAM: In the original project, there was $1.6 million
funds left in the original project. This amendment will add another
2.3, for a total of 3.9, but here is why it is costing 3.9. It's been 10 years
since the project was suspended. In that interim, many things have
changed. What we are going to be looking at with this new --
continuing the design, we need to look at the traffic analysis again to
determine, one, the near-term build; two, the ultimate buildout, and,
three, we want to look at connection scenarios for the side streets.
We've listened to the community, and many people are concerned
with the connection to VBR extension. So we want to model those.
We want to make sure that the decisions that we made 10 years ago in
terms of traffic and the ultimate buildout, we want to make sure that
those decisions or those -- what we want to build in the future still
remains true.
December 12, 2017
Page 102
The other thing that is costing that we have to revisit, we have to
revisit the cost estimates. Are the numbers that we had 10 years ago
still valid? We need to refresh those. We need to update the permit
documents. Permitting criteria has changed since 10 years ago.
Right now -- we used to have a joint-use application when we
have a project for permits. Now it's different. We have to have a
different set of plans for a South Florida Water Management permit,
we have to have a different set of plans for U.S. Army Corps of
Engineers permit, all right. So that's the ultimate project we would like
to permit.
Then we also have to have a set of constructible plans for the
near-term build, what we're going to construct. And, also, some other
things have changed. We need to revise our stormwater management
areas. Collier County has just changed its design criteria for allowable
discharge rates. That would mean that we have to look again at our
stormwater management and study those.
We're looking at building five bridges and maybe even half of
those bridges that we have to redesign. We have major environmental
rework. We have to verify surveys from 10 years ago. Existing
conditions have changed.
So these are some of the reasons why. You know, you ask why is
it costing so much; that's basically, you know, why it's costing this
much.
CHAIRMAN TAYLOR: Thank you. Thank you for your
answer. Any other questions? Discussion?
COMMISSIONER McDANIEL: I do after we hear from our
public speakers.
CHAIRMAN TAYLOR: Do we have speakers on this?
MR. MILLER: Yes, ma'am; 11 public speakers on this item.
CHAIRMAN TAYLOR: Eleven?
MR. MILLER: Yes, ma'am.
December 12, 2017
Page 103
I'll ask the speakers to use both podiums. Your first speaker is
Peter Gaddy. He'll be followed by David Meffen.
MR. GADDY: Afternoon, Madam Chair. Good afternoon,
Commissioners.
I agree with everything that Ms. Messam has said. I think, you
know, this whole project needs to take another look at it.
I think after you hear the rest of the public speakers you're going
to have a lot of concerns about how this is going to impact those
neighborhoods.
But the one point I want to make is that you have here before -- I
don't know if you've read it, but you have a lump-sum contract, and
one of the deliverables under that lump-sum contract is the design of
connection to the roads we're concerned about.
So I don't know if you can approve this contract today. I think
you need to have a different contract brought back. Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is David Meffen. He will be
followed by Jeanette Meffen.
MR. MEFFEN: Afternoon, Commissioners, Mr. County
Manager.
A couple concerns that we have. I know this isn't exactly the
forum for this, but I figure that the more that you hear it, the more
you'll hear our concerns instead of just bringing them up one time.
Our concern mainly has to do with the connection to the side
streets to Vanderbilt Road extension as it goes through. There have
been many ideas that are brought forward. I think the residents can
demonstrate that these side streets don't need to be connected, and I
think we could have a win-win where you'll get your east/west traffic
alleviated and not affecting the citizens so much.
It is going to affect our quality of life making a through street
where we bought on a cul-de-sac purposely, and now we're going to
December 12, 2017
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have a through street.
Also, 27th Street, our street, is going to be the first street or the
last street, depending on which direction you're coming from. And so,
if this goes through, everyone in creation will be taking a shortcut
across our street. Now, you know, short of laying spike strips down or
something like that, there's got to be some other way.
One of the reasons that we hear that these side streets need to be
connected from the Assistant County Manager has to do with EMS
vehicles. Well, as the driver engineer instructor for the City of Miami
Fire Department for almost 20 years, that's not a concern. If you had a
median at the end of our street that stops the connection from the side
street to Vanderbilt Road extension, any driver engineer worth his salt,
if there's a fire, heart attack, medical emergency or whatever, would
just drive right over the median, so that should not be a concern. EMS
vehicles can go wherever they want whenever they want by state law.
So that should not be a reason to put the side streets through.
Also another concern -- I know this is an expensive project. And
you'll save a lot of money not putting these side streets through and
leaving our nice, rural community the way that we bought it. I mean, I
don't know exactly what the projection would be, but you will save a
lot of money not connecting these side streets.
Last, as I said, we would like to see a median between our streets
and Vanderbilt Beach Road extension if that can't be done. We would
like to see no left turns from Vanderbilt Beach extension road and also
Golden Gate so that way if someone wants to take a shortcut across our
street, they at least have to jump through some hoops to do that.
So I know there are a couple other concerns.
CHAIRMAN TAYLOR: I'm sorry. I don't mean to be rude, but
your time is up.
MR. MEFFEN: Okay. Well, I'm done.
MR. MILLER: Madam Chair, your next speaker is Jeanette
December 12, 2017
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Meffen. She will be followed by Kirk Reed.
MS. MEFFEN: Dear Commissioners, I come to you today
concerned. When I moved -- I'm the mother of five children and 13
grandchildren, and I bought in the rural estates like your master plan
says on Page 11, 12, and 13, and it also stated that if there was any
construction to be done, that you would maintain the rural character of
Golden Gate Estates.
The neighbors that we have know that we bike. My grandchildren
bike through this street, and we have little ones that bike through the
street. I am an RN. I have been an ICU head nurse, and my husband
being a fireman originally, there are many catastrophes with children.
And until it hits home or in a nursing place -- when you see a child that
has been hit by a vehicle and the parents are talking to someone that
will never come back, that was in my unit.
My husband responded to a child that was dragged down the
street. There's nothing left on the bottom of that child. And I say that
with a whole heart of a mom and a nurse.
There's no reason to open the streets with as many children that
we have that walk, that bike, and that ride, including the adults, but I'm
talking about children that ride. And I believe that these eight streets
are not going to alleviate your congestion. It's eight streets that are
dead-ends that were bought with a premium in real estate because
that's what we were searching for. And it's on plan to be taken away,
and I believe that that is not correct.
An express lane would be okay. I'd rather not have it, but since it
is going to be built. But 400,000 homes that want to be accommodated
for -- whether it's Archer or whether it's East Collier, I'm not sure the
developers that are out there -- it does not need to be open to our eight
streets. That would just be mayhem. Hopefully not a sad situation.
Thank you.
MR. MILLER: Your next speaker is Kirk Reed. He will be
December 12, 2017
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followed by Marlaine Rieck.
MR. REED: Thanks for hearing us today. Appreciate it.
I go even a lot further than that. I know that you're voting on
money for them to do their study and for who will do it.
She mentioned about the waterways and all that stuff. I don't
know how much you guys have looked at it. I know that William has
looked at it extensive with us. But they're putting four, four 90-degree
turns in a canal that was already full during the big rain. And you can't
tell me that we're not going to have any big rains anymore in the
future.
So my question is, I don't even know if or how they could
possibly get approval by the Corps of Engineers to put four 90-degree
turns in there which you know are going to flood. So down the road,
are we going to have them saying, oh, crap, we messed up, and now
we're flooding at all those four points?
And the only reason they're doing it is to go around the golf
course. Put a bridge over the canal, move the canals twice to the tune
of about $30 million. You guys are talking about raising taxes. Why
don't we make it straight the way it's supposed to be?
I thought you could suggest that Bob and his dog, Bogart, go to
the golf course guys and say, hey, how about you guys do some
kindness, actually think of somebody else, you know, other than
yourselves for once and move your fairways so the road can go where
it belongs, the canal can stay straight. You don't interfere with our
children, our biking, our communities that we have established on our
dead-end streets.
And then I don't know if it will work, you know. I know that they
are pretty stubborn. We were told that they lawyered up when this first
started, and I only think of Leona Helmsley when she said that only the
little people pay taxes.
So I just want some consideration for the little people, not just the
December 12, 2017
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rich people in the golf courses, because if you look at the map, you can
see it's going around them. If it goes straight, it can go beyond the
wells, stay over where it belongs, and maybe we could spend our time
convincing them to move their fairways instead of, you know,
impacting the rest of us.
Thanks.
MR. MILLER: Your next speaker is Marlaine Rieck. She'll be
followed by Cindy Mackey.
MS. RIECK: Hi. Good afternoon. I live on 25th Street
Northwest, one of the streets that would be affected if you put access to
Vanderbilt Beach Road extension, and I'm speaking -- by the way, I'm
speaking for myself and for my husband, Roger Rieck.
We moved there after searching long and hard for a quiet
dead-end street to buy a house on. I didn't even bother looking at the
through streets because we didn't want it.
Okay. To begin with this issue, I truly don't think we're ready to
approve or support any final plans, including funding for the road.
And the whole issue of connecting our streets, they've said it already
and more will be saying it, plus it's addressed in this petition that if you
haven't received it, you will receive it. I agree with all the points on
that.
Regarding connecting the dead-end streets from 27th to 13th,
they're mile-long dead-end streets. Why can't the county take a vote or
a poll from residents of each of these mile-long dead-end streets to see
if they want to be connected? This could easily be done with a single
mailing to each address containing the basic information plus an
official form to send back to the county with a yes or no answer. After
all, it's the people who live on those streets that will be most affected
or would be. Hopefully it won't be "will be."
Something that came up in the meeting at the fire hall through
Golden Gate Estates Civic Association recently. Move the canal?
December 12, 2017
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Well, 10, 12 years ago a lot of these things were talked about. I was
with a group that fought long and hard to stop the road altogether,
which I'd still like to do. But if that's not going to happen -- now
they're talking about move the canal? Now, this idea didn't come to
me until, literally, I was getting dressed this morning.
If moving the canal is in the plans, why not move the canal farther
south, keep the road to the north closer to the golf courses and the
wells, keeping the noise farther from the long-established homes south
of the canal? Would this be possible? Would it affect the wells? Are
they already possibly being affected by the many chemicals returned to
-- routinely used on golf courses? That's a question. I don't know.
I think there are many alternatives to all of this, and both the
feasibility and cost of each need to be determined and made public
before any final decision is made.
And, you know, we do need to address costs of all of this. Thank
you.
MR. MILLER: Your next speaker is Cindy Mackey. She'll be
followed by Ronda O'Connell.
MS. MACKEY: Good afternoon. I am the secretary for Golden
Gate Estates Area Civic Association. And I was out with another
resident of that area going and collecting petitions with signatures from
them. And I want to tell you that it's a very diverse population of
people with people in households, single people, and families with up
to eight people in the family.
They also come from different backgrounds and religious
persuasions. So it's very -- it was a nice community -- go ahead and
get to know everyone. And I would give you stories about each
individual, but you're hearing some of them here. And you need to go
ahead and listen to these guys, because they represent a lot of them.
And 99 percent of the people that we had contact with were
opposed to complete connection to Vanderbilt, okay.
December 12, 2017
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I wanted to go ahead and also give a little bit of my input because
of the way the streets might be affected. And my mother lives on 31st
Avenue Southwest, and it's connected both on White and on Golden
Gate Boulevard. They experience traffic running 45 miles per hour on
that road all the time. She has lost her mailbox three times and has
been burglarized once because of the increased traffic in the area.
Again, I want to thank you, and thank you for listening to all the
population because they are important to your next opportunity to go
ahead and stay in office.
CHAIRMAN TAYLOR: Whose district is this?
COMMISSIONER McDANIEL: Mine.
MR. MILLER: Your next speaker is Ronda O'Connell. She'll be
followed by Donna Sadler.
COMMISSIONER McDANIEL: Did the temperature get up in
here?
MR. MILLER: Ronda O'Connell?
MS. SADLER: No, I'm Donna Sadler.
MR. MILLER: Okay. So Ronda is not here.
MS. SCHWARZWAELDER: She had to leave.
MR. MILLER: Okay. Ms. Sadler will be followed by Judy
Schwarzwaelder. Go ahead.
MS. SADLER: Good afternoon.
I live on 23rd Street Southwest, and I'm still here representing
them because I had fought the bridge -- over the 23rd Street Southwest
bridge.
I've lived out there since the early '80s, and I know the traffic.
And you have an average of 40 homes per street, so we have constant
cars coming out. There's two cars per family, minimum.
We don't need more people coming off of an arterial road like
Vanderbilt just to come down to the next arterial road of Golden Gate
Boulevard.
December 12, 2017
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So I'm opposed and would like to see no connection. And I think
we were told that back in 2006 when the first design was discussed,
that they were not going to be through streets.
That's all. Thank you.
MR. MILLER: Your next speaker is Judy Schwarzwaelder.
She'll be followed by Laura Reed.
MS. SCHWARZWAELDER: Good morning. I'm at the end of
23rd Street Northwest, and I'm totally opposed to anything that will be
opening all these streets.
It's almost like adding another -- salt to a festering wound that we
have the road coming on our side in the first place. I'm not going to
beat that to death. It's just the way it's going to obviously be. But at
least give us a piece of our peace back by saying no access.
One thing that has not been brought up other than kids, pets,
safety, peace, semblance of giving us some peace back, even though
we have a four- to six-lane highway slashing through our
neighborhood is that I live at the end where Vanderbilt Beach Road
extension is not far from me, and at night I can hear drag strip activity
going up and down that street. You bring even a service road to our
side of eight streets, I can only imagine -- now we have the four-lane
highway noise. Now we have a whole new safety issue and noise issue
of our new drag strip.
So I want to bring that up to you, because it's happening now out
there. We don't need to give them any more streets to run up and
down. We really have got to have no access and reclaim our
neighborhood back.
Thank you.
MR. MILLER: Your next speaker is Laura Reed. She'll be
followed by Michael Ramsey.
MS. REED: Hi. I'm Laura Reed. I live on 27th Street
Northwest.
December 12, 2017
Page 111
And I am going to also stress that I do not want a through street. I
think, first of all, of the children whenever we drive down the street.
We just -- you see the kids. You just slow way down, and then you go
around them.
And I can tell the ones that do not live on the street because they
just race down, like FedEx or UPS. And so we've gotten a little bit of
taste of that, and they just -- you know, they don't care about our little
community, about us.
And I -- we could have bought a house on the corner of Goodlette
and Pine Ridge with all that mess in traffic and stuff, but we wanted to
have a quiet street with no traffic, you can come home, and you can
just relax, and we just enjoy it.
There are some elderly people on our street that walk their dogs
all the time. They do this several times a day, and then you just go out
and you talk to them, so you don't -- and it's just a nice community that
we do not want to let go.
The streets are also very narrow, and so when you do come to,
you know, two trucks or whatever, one just slows down and let's the
other one go by. So I don't understand how that's going to happen if it
does -- it will not go through, I'm sure, but I think about that, because
like -- it was said before about the mailboxes being clipped off.
And I just don't understand how that would be able to make it a
through street and take away the safety, especially, of everyone on the
street.
So thank you for your time.
MR. MILLER: Your next speaker is Michael Ramsey. He's been
ceded three additional minutes from Ms. Lisa Nicholas. Ms. Nicolas,
are you -- she is present. Mr. Ramsey is your final speaker on this
item.
MR. RAMSEY: Good afternoon, Commissioners. I'm Mike
Ramsey, president of the Golden Gate Estates Civic Association.
December 12, 2017
Page 112
Quick history about three of the main issues we come up with:
2006, when this contract was initially voted on by the BCC for
CH2MHill, the concept and the presentations to the residents and lots
-- or the Estates civic people the 60 percent design that we see in front
of us today, that was not communicated to us.
Now, that became the biggest concern and problem with us and
the group with us, when the consideration to renew this contract came
out in April 2017, and it started bleeding out in the public. This was
our primary issue coming back to us.
Number two, the second issue that was coming back to us, as you
could see, a lot of people were very upset with the 60 percent design in
front of them that said all the streets were going to be connected. The
issue that came up there, the second most, is the qualitative-of-life
component where all those people at the end of those streets fell they
have cul-de-sac community. Each of the ends of the streets is its own
community with its own recreation, its own lifestyle, and its own group
of families. And the most important component of that that keeps
coming up regularly is the subset of that quality of life is children
walking to the bus stop. So that issue is in there.
The last thing that came you've already addressed; there hasn't
been any public meetings about this in 10 years. And so people started
coming to us, we started working the issue, and we held in public two
or three workshops or community meetings about this.
So from those meetings, I have here 110 petitions signed from
those people on those streets generating concerns about the issues
we're talking about.
So Golden Gate Estates, having gone through these meetings and
working with these people, we reached out to Commissioner
McDaniel. He attended some of our meetings. He was starting to
listen to this. Deputy County Manager Nick Casalanguida came over,
started listening to some of this. He also brought his staff over. And,
December 12, 2017
Page 113
to their credit, they let their -- they let their staff listen to every single
comment from the group. And I think today, looking at the notice for
this agenda item, I see in the bottom of it that staff has been instructed
that they are now to develop three scenarios: All connections, limited
connections, no connection with or without a service road.
We think that that interaction back and forth has been very
positive. We thank you for that. We think this is now going to a better
place.
My residents still have issues. They still don't want the roads
connected because mostly quality-of-life issues and the safety, but I
think if we've gotten to the point where the instructions to the
contractor are for the design, to design the three scenarios and then
evaluate it both qualitatively and quantitively, I think we're in a better
place.
So depending on how that goes, if my understanding of the
recommendation is right, if the guidelines to the design contractor are
to develop these three scenarios, come up with the economic and the
qualitative changes and components, pros and cons, we would be in
favor of following that as long as it's allowing a lot of community input
on the decision as to which scenario.
So at that point I'd leave it up to you to help us follow that path.
Thank you.
And where do these go?
CHAIRMAN TAYLOR: Is that it?
COMMISSIONER McDANIEL: To the --
MR. RAMSEY: She does the heavy lifting.
MR. MILLER: Yes, ma'am. That was your final public speaker
on this item.
CHAIRMAN TAYLOR: I have a question. Why the
connection?
MR. CASALANGUIDA: Ma'am, your Comp Plan says to look
December 12, 2017
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at interconnections and road connections.
CHAIRMAN TAYLOR: We amend this Comp Plan all the time,
so let's not even use that. We ignore that sometimes.
MR. CASALANGUIDA: Well, I hope not.
CHAIRMAN TAYLOR: We amend it is how we ignore it.
What else?
MR. CASALANGUIDA: Fire, speed, safety. EMS, fire. But
what I've said to the folks, just clarification; I think Mike phrased it
very well. Staff attended the meetings. One of the gentlemen has
talked about the reverse frontage road. Great idea. We should look at
that.
We agreed, because you, collectively, as a board, get all the data
information, staff recommendations to look at all three: A no build, no
connect -- not a no build of the road; frontage road with two
connections with no direct connections to see any street; and no
connections at all; or all connections. So all three will be brought to
you with costs, implications, traffic. You'll have the ability for school,
fire, and EMS and the Sheriff's Office to weigh in as well, too. So
you'll collectively get feedback as well as these folks here being able to
tell you how they feel after they get to review the data.
CHAIRMAN TAYLOR: But see, what I'm struggling with is
right now there is no connection, and we're not worried about them.
They've been like that since the beginning. Why are we suddenly
becoming Boy Scouts here?
MR. CASALANGUIDA: Ma'am, we've done that since I've been
here for 14 years is recommended every road be connected when it's
constructed, and in very few occasions has the Board not followed that,
but it has. It has. After listening to the feedback from the public and
data from staff, it has made decisions not to connect and decisions to
connect. And I think that's the path we follow.
CHAIRMAN TAYLOR: Okay. You were here. What are your
December 12, 2017
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thoughts?
COMMISSIONER FIALA: I think of the safety of that area. My
daughter lives -- actually, my daughter lives out there, my son lives out
there, one of my grandkids lives out there, so I think about them
getting to and from work. Especially during season, they can hardly
get through their roads. I think we need another --
CHAIRMAN TAYLOR: What about the connection of the
cul-de-sacs? That specifically. Not that we don't need another road. I
do believe we need -- what about specifically that connection issue?
You were here for all of this, so that's why I'm turning to you.
COMMISSIONER FIALA: Yeah, yeah. But we didn't get into
the connections too much that I remember from before, and so that was
a kind of a new twist for me, anyway. And I don't know. I'd have to --
I'd have to listen to more of what's going on. But I think you have to
connect some things in order to make it function for the people and
yet, at the same time, I know they're right about it. You know, it
creates more traffic. It's not like it's going to be a speedway down
there or anything but -- although it will be convenient to get in and out
and go places. That's a wonderful thing. On the other hand, their
privacy, they can never regain it, and that's a bad thing.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER FIALA: Once you've -- especially like one of
the ladies was saying, you know, they move there purposely -- oh,
thank you. They moved there purposely because they wanted the
peace and quiet of living out in the Estates, and they wanted to live
away from everything. They didn't want to live where there was a lot
of congestion. And, you know, once this happens, it will change
things a little bit there.
COMMISSIONER McDANIEL: I think the connection issue's a
pretty simple one for us to talk about. I mean, it's obvious that the
quality of life is going to be negatively impacted. We know the
December 12, 2017
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expense associated with those connections. It's inevitably going to be
more just because of the elevation changes that occur coming from a
new road to those more aged roads. Notice I didn't say older.
So, I mean -- but we're going to -- and -- but I think it's important.
It's important for us. And I want my colleagues here to hear that other
than a few "maybe we didn't want the road at all," most everyone is
aware the road's coming.
CHAIRMAN TAYLOR: Yeah, I heard that.
COMMISSIONER McDANIEL: That. So having said that, our
staff has put a proposal to us, and I have a couple of specific questions
to ask that I think, pragmatically, move us to where we need to go. It's
been evidenced today that there's a wish to not have connectivity at all
on some of -- on those side streets.
But be that as it may, we're going to have an analysis of that
connection, cost associated, monetary cost. There is no value to put on
people's quality of life and the negative impacts that can, in fact, come
from that.
We, as a community, have seen the expenses associated with
connection of these streets in Golden Gate Estates. If you'll recall, we
consumed the $10 million in our MPO meeting that the State gave us
for three bridges in Eastern Collier County, and we consumed the
entire $10 million on one bridge because of the improvements that
were necessary to the two streets that were interconnected for the
sidewalks and so on.
So I think the cost side of it from an monetary standpoint's going
to be pretty easy for us to ascertain.
I would like to ask -- who should I? Her?
MR. CASALANGUIDA: Either one.
COMMISSIONER McDANIEL: Either one's fine. Does this
agenda item -- I made notes here, so forgive me for reading, but does
this agenda item specifically lock us into a set of deliverables per this
December 12, 2017
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contract?
MS. MESSAM: No, it does not.
COMMISSIONER McDANIEL: Okay.
MS. MESSAM: As I iterated --
COMMISSIONER McDANIEL: I heard you, and I just wanted
to -- I wanted that to be specified on the record that it did not. It was
my understanding as well. I ask these questions, but I -- you know,
these folks are my friends as well, and I wanted to ask these questions.
Does this agenda item lock us into connectivity and the
thereabouts of those connections?
MS. MESSAM: No, sir.
COMMISSIONER McDANIEL: Okay. Does this agenda item
lock us into a specific design criterion for the entire road?
MS. MESSAM: No, sir.
COMMISSIONER McDANIEL: And with regard to the
alignment, are we locked into any specific alignment as of yet?
MS. MESSAM: Yes, sir.
COMMISSIONER McDANIEL: We are?
MS. MESSAM: To the screen that's in front of you.
COMMISSIONER McDANIEL: Okay.
MS. MESSAM: One of the things -- now, when I -- if I
understand you clearly, the alignment that is approved now that was
approved by the Board back in 2006, that's the alignment that we're
going to be working with with a few refinements because we've heard
from other entities such as the district school board and our parks and
rec who has adjacent property along that alignment, and they're asking
us, perhaps, to tweak the alignment.
So to answer your question, in terms of locked in, we had the
preferred alignment that was approved by the Board back in 2006;
however, we will be coming back to the Board once we have refined
and get all the inputs from not only the community but all the
December 12, 2017
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stakeholders. So I guess I should have clarified myself saying --
COMMISSIONER McDANIEL: And I wasn't looking to tie you
up. I just wanted a specific. That was a question that I had.
MS. MESSAM: No. So then I'll change my mind; I'll change my
answer. I said no, because we will be making some tweaks.
COMMISSIONER McDANIEL: Some minor adjustments?
MS. MESSAM: Some minor adjustments, right, as we coordinate
with the stakeholders.
COMMISSIONER McDANIEL: And last, but not least, with
regard to the design criterion at 60 percent of the prior agreement, are
we locked into that?
MS. MESSAM: No. There are many things that are going to
change with this amendment, and I went through that earlier. Because
of design criteria by permitting agencies, we will be doing some
adjustments. So I hope that answers your question.
COMMISSIONER McDANIEL: It does.
MS. MESSAM: Do you have anything?
MR. CASALANGUIDA: Commissioner, if I could add one
more clarifying comment, and this will help a little bit. We made a
promise to the people, and the Estates folks that are here and the ones
that were at the meeting, and you, sir.
We'll be back in front of the Board as we go from concepts and
old 30s. Before we spend any serious money, the decision points on
connectivity will be back in front of the Board.
(Commissioner Solis is now present.)
COMMISSIONER McDANIEL: And that was going to be my,
not necessarily that specific question, but how many more planned
public meetings are we going to -- informational meetings are we
planning for this highway?
MS. MESSAM: Do you have anything in specific in terms of the
scope?
December 12, 2017
Page 119
MR. ANDY MILLER: The amendment pages, 40 through 42,
clearly outline -- for the record, Andy Miller, transportation
engineering project manager.
Amendment Pages 40 through 42 outline three pages of intensive
public involvement, including the medians you were asking about.
COMMISSIONER McDANIEL: And, there again, I was aware
of that. I read all these things, but it's a matter of making it available to
the public and for information purposes so that -- so that everybody's,
in fact, aware.
MR. ANDY MILLER: And, Commissioner, if I may, to clarify
the deliverable question --
MR. OCHS: Andy, talk into the mike.
MR. ANDY MILLER: To clarify the deliverable question you
asked first, in order to build the road, we're going to have to have a set
of deliverables. So the answer to that question is more of a yes than a
no. We will have 30, 60, 90, 100 percent plans but including the
changes or variations that we talked about earlier.
COMMISSIONER McDANIEL: And candidly, Andy, the
reason that I asked the question with regard to that was because the
information that was provided showed us with the prior design
criterion, the 60 percent plans, the deliverables of such, and there's a
perception that we're locked into those. And I understand that we're not
necessarily locked into those. There's going to be an inordinate
amount of public involvement and information sought from the public
as to how and what and where we do, but that was the reason for
asking the question.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: I don't think there's -- I haven't
heard, really, a good justification for having the interconnects at all on
those eight streets, and I don't think anybody on this board really wants
to have those interconnections.
December 12, 2017
Page 120
COMMISSIONER McDANIEL: We can -- and only -- and not
in defense of them, but I did serve as the chair of the East of 951
Horizon study, and there was an enormous amount of discussion with
regard to first responders and enhancing their capacity to get to people.
And, again, whether that's warranted or not based upon a demographic
that's changed 11 years later is something that we'll, in fact, find out. I
think we could easily tell the folks that we're not in favor of it.
But I recall that when we were doing those East of 951 Horizon
studies over two years, that that was a large criterion even for these
three bridges that recently got approved to be put in, so...
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: Just to try to finish up here.
One of the speakers talked about having kind of a median between
those roads and the Vanderbilt Beach Road, which I believe would
answer the issue of emergency access --
COMMISSIONER McDANIEL: Right.
COMMISSIONER SAUNDERS: -- but would not permit those
roads to be opened up to the motoring public. Personally, I live on a
cul-de-sac. I'd hate to see the cul-de-sac disappear and have traffic
come down it. They haven't had a problem with emergency response
for the last 10, 15, 20 years, and so I don't really see the need to open
this up, and I don't see the need to have hanging over the community
the concern about it as we go through the planning process. So I'm just
expressing my view that unless I can hear a compelling reason that
those eight streets should be opened up, I would say right now let's
don't do the design that has the streets opening up, but let's have the
cul-de-sac -- or the median aspect looked at.
COMMISSIONER McDANIEL: And we probably could really
cut back on the scope of work as well.
COMMISSIONER SAUNDERS: Well, that's what I'm talking
about. You know, why do the design work for opening those eight
December 12, 2017
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roads up to the Vanderbilt Road when I think probably five of us are
going to decide not to do that?
COMMISSIONER McDANIEL: Right.
CHAIRMAN TAYLOR: And I would agree, but let's hear from
staff and -- don't talk us out of it.
MR. CASALANGUIDA: It's not about talking you out of it. I
want to give you all the data, and that's what we're intending to do
when you come back.
One of the concepts of a reverse frontage road came from one of
the citizens. And, you know, I'm sitting in the meeting talking to them,
and I said, that might make sense. The median modification one
gentleman referred to today, that's a connection, but median a blocking
direct traffic. It would be circuitous traffic, so you'd have to go all the
way around to make that turn, but they'd still have a connection.
That's what we would bring you is all those options: A direct
connect, a frontage road connect, a frontage road connect with
medians, you know, restrictions to say, okay, this provides some
connectivity but not full connectivity, or none at all. And then you
would get to hear from fire, you would get to hear from EMS, the SO,
schools, and then you'd weigh all those pros and cons and make a final
decision.
COMMISSIONER McDANIEL: As long as there's no
connection, we'll be happy with all those, exactly.
CHAIRMAN TAYLOR: Yeah.
COMMISSIONER SAUNDERS: I think that's where we're
going to wind up.
CHAIRMAN TAYLOR: No connection.
(Applause.)
CHAIRMAN TAYLOR: I mean, how old -- and I'm going to
speak to the -- just tell me, how old is your community? How long
have some of you lived on these streets?
December 12, 2017
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UNIDENTIFIED SPEAKER: Early '80s.
COMMISSIONER McDANIEL: Yeah. '80s, '70s.
CHAIRMAN TAYLOR: Twenty-five years, a quarter of a
century.
UNIDENTIFIED SPEAKER: Thirty. I'm at the end of the road.
MR. CASALANGUIDA: Ma'am, but all those roads in the
Estates are like that. The ones you're putting bridges on have been like
that as well, too.
CHAIRMAN TAYLOR: But they're existing, and the people
move out there, and they want to be there, and I know that -- I know
that there's -- I'm not trying to turn my back to safety issues but, golly
gee, this is a neighborhood. This is a neighborhood with folks.
MR. CASALANGUIDA: Ma'am, I may support, in the end, no
connection. What I'm telling you is --
CHAIRMAN TAYLOR: What's it going to take?
MR. CASALANGUIDA: What's it going to take? What's the
impact going to be when you make those calls? Because you approved
three bridges that were on no-connect roads. They were planned to
connect, but you approved those bridges, so now you're going to have
more traffic.
I want you to see it all, because I just want you to make an
informed decision.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: Right.
CHAIRMAN TAYLOR: All right. Well, I think you can judge
the feeling here, and something tells me it's not going to shift very
much. But I think in deference to staff, so that we can make an
educated decision, I think you're right. I think that's correct, the
process, not the connections.
(Applause.)
COMMISSIONER McDANIEL: I'll make a motion for approval.
December 12, 2017
Page 123
COMMISSIONER FIALA: For approval?
COMMISSIONER McDANIEL: Of the agenda item as
presented.
COMMISSIONER FIALA: I have to read what the agenda item
says again. Professional services to CH2MHill for the project.
COMMISSIONER McDANIEL: Right. It's a renewal of the
contract. It's --
MR. OCHS: To complete the design of the road.
COMMISSIONER FIALA: You don't have to say anything at all
about the connections or anything?
CHAIRMAN TAYLOR: Not right now.
COMMISSIONER SAUNDERS: I'll second the motion.
CHAIRMAN TAYLOR: Okay. So there's a motion on the floor
and a second. Any discussion, further discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
I know we'll see you back here.
MR. CASALANGUIDA: Thank you, all.
MS. MESSAM: Thank you, Commissioners.
COMMISSIONER McDANIEL: And bring me one of those
little "no connect" signs, and I'll hang it up right there.
MR. CASALANGUIDA: Ma'am, I do, as the public leaves, just
want to recognize all of them. They've been really good to work with.
December 12, 2017
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And sometimes I think they throw a rope over a tree and they may
want me to put my head in it, but they're so very friendly on the way
out, and thank you for the time.
CHAIRMAN TAYLOR: This is a hard, hard issue.
MR. CASALANGUIDA: It is.
COMMISSIONER McDANIEL: You should have been -- the
neighborhood information meeting that we had that Nick and staff and
I went to --
MS. REED: We were tough on you.
COMMISSIONER McDANIEL: Well, it wasn't -- not on me. It
was emotionally driven, yes.
MS. REED: It's our homes.
COMMISSIONER FIALA: Well, not only that, but it's the only
place in Collier County where you have all that nature and all that
peacefulness, and you don't have people rushing around and so forth.
There's no place else like it. And everybody's fighting to have
something like it. You've got it. Once it's --
MS. REED: We have a little piece of paradise.
COMMISSIONER FIALA: -- gone, it's gone forever. You don't
get it back anymore.
COMMISSIONER McDANIEL: Thank you, all. Thank you, all,
very much.
MS. REED: Thank you, guys.
COMMISSIONER McDANIEL: They've been here all day, by
the way.
COMMISSIONER FIALA: That's because we were so
entertaining.
MS. REED: You guys are welcome to come out Halloween
night, the big thing. 27th Street Northwest, come on out and see what
it's like.
CHAIRMAN TAYLOR: Thank you.
December 12, 2017
Page 125
MR. OCHS: Madam Chair, do you want to continue with the
County Manager's Report or go back to 9B and re-open that?
CHAIRMAN TAYLOR: Well, as staff has been here, this is a
lengthy meeting, and we seem to be continuing the length of it. You
judge. We will try to be as expeditious as we can. So whatever your
staff needs, I think, at this point, sir.
COMMISSIONER SOLIS: And I do appreciate the
commission's indulgence and the County Manager for putting off 9B.
I apologize for being late.
MR. OCHS: No problem.
Item #11E
TECHNICAL ASSISTANCE INTERLOCAL AGREEMENT
BETWEEN THE COUNTY, THE COLLIER COUNTY WATER
AND SEWER DISTRICT, AND THE CITY OF EVERGLADES
CITY - MOTION TO APPROVE – APPROVED
MR. OCHS: Well, let's move, then, to 11E. This is a
recommendation to approve the Technical Assistance Interlocal
Agreement between the County -- the County Water and Sewer
District and the City of Everglades City. Dr. Yilmaz will make a brief
presentation.
DR. YILMAZ: Good afternoon, Commissioners. George Yilmaz
with Public Utilities.
Commissioners, we are pleased to report to you that this is the
first time all parties, regulatory, city government, and county
government, along with a private entrepreneur, came together and
developed a business model that will bring a sustainable solution to
City of Everglades Utility. Water and wastewater services have been
challenged in the past.
December 12, 2017
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As you all know, City of Everglades Utility is within national Ten
Thousand Islands Park, National Preserve, Everglades National
Preserve, and Big Cypress National Preserve, and I think that the
actions that we were able to put together jointly will bring sustainable
solution and stop -- slow the bleeding wound with Band-Aid to make it
much more sustainable.
With that, the business model solution includes three components
that I want to share with you. Those are the drivers. One is the
operator agreement with resourceful national and international firm,
design/build/operate, Veolia Water North America South, LLC. This
firm is resourceful, and they are anxious to get into south market, and
they already executed the agreement between city utility and the city
government and themselves. We're not part of that contract. I just
want to make that clear. So that's an operating agreement between city
and the operator.
Second part is interlocal agreement between the city and county
before you today, and I think that it is well balanced, managed risk, but
also provides some assurances to regulatory agencies. Worst-case
scenario, if contractor and/or operator walks away, we may be able to
step in at the request of mayor and the City Council of Everglades.
Third, moving forward with all available state and federal
funding, including FEMA mitigation funds becomes feasible because
of the fact that City of Everglades will be applicant, we are simply here
to assist them through their contractor.
With that, we respectfully request the Board approve
recommended action items as stated in your executive summary.
CHAIRMAN TAYLOR: Well done, Dr. George. I read it and
was very impressed. I think this is a great beginning of a very strong
and productive relationship with Everglades City. It's a remarkable
city, and I'm delighted to see this.
Commissioner Fiala?
December 12, 2017
Page 127
COMMISSIONER FIALA: I think Bill was first, though.
COMMISSIONER McDANIEL: It doesn't matter.
COMMISSIONER FIALA: Okay. I just wanted to say that this
will also include Copeland, right, and Jerome? It will take in all of that
plus Paradise Island and also Chokoloskee? This will affect all of
them?
DR. YILMAZ: Commissioner, very good point. This will
include, and the model and what we're putting in place will include
outside of city limits, including Copeland, Plantation Island,
Chokoloskee, which are outside city limits, however, I want to put
emphasis on, they are within Everglades City Utility service area as
approved by the special act by the legislature.
COMMISSIONER FIALA: Is there a way for you or somebody
in your department or in Everglades City to check on Copeland? They
were -- I was there about a week ago, and they were telling us how
they couldn't even drink the water anymore. And I thought -- and I
realize this is not -- we're not talking water. We're talking water/sewer,
but maybe somebody could check that in Copeland one of these days
and do what they can to help clean it up, too.
DR. YILMAZ: We hear you, and we hear you, Commissioners --
COMMISSIONER FIALA: Good.
DR. YILMAZ: -- loud and clear through this agreement. We're
in the game. And it's a partnership through Florida Department of
Protection, Health Department will be brought in as needed, as well as
the contractor they have. So short answer is yes.
COMMISSIONER FIALA: That's good.
CHAIRMAN TAYLOR: Any other discussion?
COMMISSIONER McDANIEL: Yes, please, just for a moment.
For my colleagues I just would like to say how pleased I am, and I
hope that we have your support with regard to this. We've been very
intimately involved with this entire process.
December 12, 2017
Page 128
The agreement with Veolia to become the operator for the City of
Everglades, at last Tuesday's Council meeting the FDEP authorized an
additional six hookups to the wastewater facility, and for the past two
years, none, none were legally allowed to be hooked into that system.
And it's only after a month or so of this arrangement with Veolia as the
actual operator that the improvements have already started, and we're
starting to see the benefits of proper maintenance and upkeep.
COMMISSIONER FIALA: Nice.
COMMISSIONER McDANIEL: Isn't it, though? It's absolutely
amazing.
The folks that I speak with regularly at the Florida Department of
Environmental Protection have -- are overjoyed with the activities that
the city has taken on -- that the city has taken on these activities as
private operator. This interlocal agreement between the county and the
City of Everglades is an additional stopgap for the city and the
residents of Everglades and the surrounding area for the service area
for the water and wastewater facilities.
And I'd like to make a motion for approval, please.
COMMISSIONER FIALA: Second.
CHAIRMAN TAYLOR: Okay. There's a motion on the floor
and a second. Any other discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously, and
December 12, 2017
Page 129
Commissioner Solis is back with us.
COMMISSIONER McDANIEL: Good to have you.
COMMISSIONER SOLIS: I was late.
MR. OCHS: Madam Chair, with your indulgence, if we could
skip around a little bit, because I know we've got a couple folks in the
audience here that have registered.
Item #11L
REPLACE AND SUPERSEDE THE FLORIDA FORESTRY
SERVICE COOPERATORS AGREEMENT DATED JULY 1988
WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES WITH A NEW MEMORANDUM OF
UNDERSTANDING AGREEMENT FOR THE STATUTORY
DEFINED FORESTRY AND WILDFIRE SERVICES TO
INCLUDE EXPANDED MITIGATION SERVICES AND
FINANCIAL CONTRIBUTIONS (FISCAL IMPACT $75,000) -
MOTION TO APPROVE – APPROVED
MR. OCHS: So if we could take 11L. This was an item that was
moved on your change sheet this morning. It was previously 16E4
moved at Commissioner McDaniel's request, and I know he just has a
fairly brief comment on this.
This is a recommendation to enter into an agreement with the
Florida Forestry Services Cooperator's agreement with a new
Memorandum of Understanding to include expanded mitigation
services in the amount of $75,000. And we could either take your
question, sir, or make the presentation.
COMMISSIONER McDANIEL: It will be at the pleasure of the
Chair.
MR. OCHS: Madam Chair, Mr. Summers can present if you'd
December 12, 2017
Page 130
like.
CHAIRMAN TAYLOR: Okay. Let's do this. I think it's
important, please.
MR. SUMMERS: Good afternoon. For the record, Dan
Summers, director of Collier County Bureau of Emergency Services.
If you'll remember, recall back in June and July we discussed
with you, at your request, to have our partners at Florida Forest (sic)
Service do some expanded efforts or have some expanded funding
capability in order to work on wildlife mitigation activities from our
very busy spring fire season.
We had a challenge in terms of kind of working out the
memorandum of agreement with Tallahassee and the Florida division
headquarters there, as well as their attorneys, but we have come to an
agreement with that, and you graciously have provided some
additional supplemental funding to Florida Forestry.
As you know, Emergency Management engages with our partners
there, and we have -- they have an excellent wildlife mitigation
strategy, and you-all saw those plans and activities as well as some of
the public outreach efforts that we did last spring, and we plan to do
those again this spring as well. But I believe Commissioner McDaniel
had a couple of questions about the tactical delivery of what you would
like the forest service folks to do.
Mike Weston, who is our area manager, Mike is here and, at your
pleasure, can give you a little bit of comment in terms of his tactical
delivery from the supplemental funding.
Mike?
COMMISSIONER McDANIEL: Thank you.
MR. WESTON: Good morning, everyone. Michael Weston,
center manager, Florida Forestry Service, Caloosahatchee Forestry
Center.
So we're really just -- you know, to start with, really appreciate
December 12, 2017
Page 131
the efforts that have gone into this on all parts, you know, Dan
Summers and his staff as well as some of the other staff that's in there.
This is an effort that really began in 2016 in the fall seeing the dry
conditions that were coming up. And, you know, it went from
everything from outreach to meeting with the public to looking at what
can we do to step up with other emergency response personnel as far as
to do some more mitigation work. So that's basically, you know,
cutting and grinding the vegetation that burns near homes to reduce the
threat of wildfires, you know, getting large but also damaging
structures, but also to -- and sometimes prescribed burning, but all
these -- the efforts take money and consistency and, you know, I think,
you know, with this being approved, you know, we can move forward
in a larger fashion.
COMMISSIONER McDANIEL: Good.
CHAIRMAN TAYLOR: Are you going to be able to identify the
debris -- because there were tornadoes with -- there are areas that are
okay and areas that are not okay. Are you going to let Hurricane
Irma's path guide how you do this, or is this going to be creating these
breaks in the methodical fashion no matter where the felled trees are?
MR. WESTON: We start our assessment with Hurricane Irma,
and the good news was it didn't, you know, topple trees everywhere.
You know, the worry on our end is that two trail that normally you can
scout and see and get ahead of a fire, but that's suddenly blocked by
two or three trees.
And, you know, one or two trees you can overcome with a
chainsaw. It starts to get beyond that -- and so on our end, you know,
we're committing -- you know, it's going to be earlier on this year that
we're sending two tractors to respond to these fires. You know, the
one's going to work on the fire containment like always; the other's
going to work on, you know, clearing out the additional areas.
You know, on the other side of that with the mitigation dollars, et
December 12, 2017
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cetera, it's going to be going in with some of our farm tractor
equipment we already have, you know, clearing out some of these
logs, just doing some simple chainsaw work. Already talked with the
fire districts about that, and they're eager to get started on that just so
we can get those areas, you know, reopened up, that debris cleared.
And then beyond that, for this year it's going to be completing
two north/south corridors of ours, get them reopened up, and then also
look around the big areas of -- wooded areas where we've got the high
risk. Obviously, the areas that burned last year, the 30th Avenue fire
and Lee Williams fire, those have burned out and, you know, looking
at those as well, but they've already -- the fuels have been consumed,
and so it's looking outside of there of where do we have our highest
risk.
You know, one of our biggest concerns and one of the trees that
really took a brunt of the damage from Irma was Melaleuca, a lot of
tangled Melaleuca, especially down along the Sabal Palm Road area.
But, you know, in looking all throughout there -- as well as
Australian pine took the damage, but that's not as big in the fire risk.
So -- but, yeah, one of our issues is trying to open up trails and areas
that we normally use for fire response that might have an issue this
year.
CHAIRMAN TAYLOR: Thank you very much. Any other
questions?
COMMISSIONER McDANIEL: Yes, yes.
And thank you, Mike, for coming today. I know it was kind of
short notice. But when I learned last year of what the county had been
supplying your department with regard to proactive -- or monies
towards proactive fire mitigation and then our staff came forward with
this additional $75,000, I heard about equipment purchases. And I had
originally been told that we really didn't need any more assets; that we
just needed operational monies to be able to actually implement your
December 12, 2017
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plan, and that was where the query came from yesterday when I was
meeting with Leo and Nick.
I -- because I also know that our fire departments recommend a
30-foot perimeter around a single-family home in Golden Gate Estates
specifically. And a lot of those folks are on a 75-foot tract with a
minimum 7-and-a-half foot setback from the property line, and that's
well short of the 30-foot recommended buffer.
But our local fire departments are not allowed to go on private
property without your permission. So you could be living in a home,
your home is seven-and-a-half feet away from your neighbor's land,
and the local fire department cannot do any mitigation or clearing on
your neighbor's land without their permission, and a lot of those folks
are not residents here and don't respond even if they are contacted,
where your department can.
Are there any kind of those activities that are planned and in what
areas?
MR. WESTON: As far as the working on private properties to
expand the defensible space at 30 foot?
COMMISSIONER McDANIEL: Yes.
MR. WESTON: So what we do strategically is we've worked to
clear the corridors, north/south. It's to stop big fire spread, also provide
easier fire department access. You've got the big blocks in Golden
Gate Estates, you know, sometimes 100, 200 acres. Divide those into
two or three pieces, you've easier, you know, area, you know, of fire
operations that you can manage.
Individually on the properties, we do get requests that come in
throughout the year; we go out and assess them, you know, provide the
homeowners a lot of times with the easiest things that they can do as
far as pine needles out of the gutters, you know, clearing away some
brush piles, et cetera, right near the house.
And a lot of times that's all it takes. In some cases, we are able to
December 12, 2017
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go in, using our Hawkins Bill, onto private parcels and mitigate and
knock those fuels down. It does re-grow.
The other thing that we're mindful of is with invasive species, the
more ground that we open up, the more possibility you have of some
of these, you know, nastier, more fire-prone species coming in. But,
you know, generally, that is pine and palmetto, wax myrtle mix, that's
what you're working to knock down, and after it takes -- it can take, for
a lot of these areas, you know, three to 10 years for fuel load to build
back up.
So, you know, on the equipment part, you know, going forward,
you know, there would be some possibilities there. We're able to
acquire a federal access Gyro-Trac, so that's basically like a
Bobcat-type machine with rubber tracks. It's got a grinding head on
the front. And we need to do some repair work on that because it was
federal access, you know, acquired from a military base. And -- but
we'll be able to use that in Collier County and really, you know,
double, almost triple the working days that we get as far as doing
mitigation work.
COMMISSIONER McDANIEL: Outstanding. And you are
coordinating your efforts with both our local fire departments with
how you're doing, what you're doing, when you're doing it?
MR. WESTON: Yeah, that's correct.
COMMISSIONER McDANIEL: Perfect.
All right. I'll move for approval.
CHAIRMAN TAYLOR: Is there a second?
COMMISSIONER FIALA: Yes, second.
COMMISSIONER McDANIEL: Thank you; thank you.
Any discussion?
(No response.)
CHAIRMAN TAYLOR: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
December 12, 2017
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COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Thank you.
MR. WESTON: Great. Thank you. Appreciate the support.
CHAIRMAN TAYLOR: Thank you very much.
Item #11N
AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES
FOR THE PURPOSE OF INSTALLATION OF LICENSE PLATE
READING (LPR) CAMERAS WITHIN COUNTY ROAD RIGHTS-
OF-WAY - MOTION TO APPROVE – APPROVED; COUNTY
MANAGER WILL REQUEST REPORTS FROM THE CITY OF
NAPLES (PER BCC)
MR. OCHS: Madam Chair, I'd like to go to Item 11N. This was
previously 16A1 that you had asked and I think one other member of
the Board wanted to move to the regular agenda. It's a
recommendation to approve an interlocal agreement with the City of
Naples for the purpose of installation of license plate reading cameras
within county road rights-of-ways.
Mr. French and Mr. McLean are here to present or answer
questions from the Board.
Madam Chair, your pleasure. Would you like a presentation, or
do you have a specific question? I know there was some registered
speakers, I believe, as well.
December 12, 2017
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MR. MILLER: Yes.
CHAIRMAN TAYLOR: They're here or, no, they've left?
MR. MILLER: Yeah, he's still here. Yes, ma'am.
CHAIRMAN TAYLOR: Okay. You know, I was -- wasn't -- I
understand it, but I think it -- I think it needs to be aired because I think
it looks like "big brother," and my concern is the perception of it.
The City of Naples has so few gated communities, you know. I
always talk about it laying itself wide open to everyone, and it is. And
in so many -- so much of it, the majority of it, is not gated. So I can
understand their -- I can understand their concern to maintain a city
status very different from the county. I can understand it.
I guess one of my questions would be, from staff is, is there -- I
didn't read it in the interlocal agreement. Is there some kind of sharing
of information in case something terrible happens? Is it -- are they
going to be able to share that information with the Sheriff's
Department? Because I'm assuming the Police Department are the
collection of all this video; is that correct?
MR. McLEAN: Matt McLean. I'm the director of development
review.
To answer your question, Commissioner, the sharing of
information, as we understand it, is between city staff and the local
police department that works in coordination with the Sheriff's
Department. To our knowledge, there isn't a sharing of information
between city staff or county staff.
CHAIRMAN TAYLOR: No, but it would be Police Department
to Sheriff's Department.
MR. McLEAN: Yes, ma'am.
CHAIRMAN TAYLOR: City to county through those channels?
MR. McLEAN: That is our understanding, yes.
CHAIRMAN TAYLOR: Okay. All right. Any other questions?
COMMISSIONER McDANIEL: And I had a question similar to
December 12, 2017
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that, and maybe you said it. It's just -- because I -- is it possible for a
high-level report of its effectiveness to come to us on that "big brother"
that's out there? If there's validity, in fact, having these and it is
assisting our law enforcement agencies to better protect the citizens,
then I'd like to know about that.
MR. McLEAN: Again, Matt McLean. To our knowledge, that is
certainly not part of what was disclosed or provided to staff related to
these right-of-way permit reviews and, hence, the request for the
interlocal agreement. We can certainly ask for some type of reporting
from the city, but we have not had that type of discussion with them to
date.
COMMISSIONER McDANIEL: And I certainly wouldn't want
to violate any privacy or anything along those lines. I just would like
to know the cameras were installed and it assisted law enforcement to
apprehend two or five or however many they actually caught.
COMMISSIONER SOLIS: One way or the other. Has it helped?
Has it not helped?
COMMISSIONER McDANIEL: Agreed.
MR. OCHS: I'll make that request in writing to the City
Manager, sir.
COMMISSIONER McDANIEL: Thank you.
CHAIRMAN TAYLOR: Any other questions?
(No response.)
CHAIRMAN TAYLOR: Do we need a presentation?
(No response.)
CHAIRMAN TAYLOR: No? Okay. Do I hear a motion? I'll
make a --
MR. MILLER: Ma'am --
CHAIRMAN TAYLOR: Oh, we have a speaker.
MR. MILLER: -- Madam Chair, yeah, my speaker. Dr. Joseph
Doyle, who's been ceded three additional minutes from Sandy Doyle,
December 12, 2017
Page 138
who is present.
DR. DOYLE: I have to use the visualizer.
CHAIRMAN TAYLOR: I think this morning we had four
speakers, because this was on the consent agenda and I moved it. I
think you said there were four this morning.
MR. MILLER: I just had these two registered for this item.
CHAIRMAN TAYLOR: Now, right now.
DR. DOYLE: Good afternoon, Commissioners. Dr. Joseph
Doyle, Naples.
As you'll recall, I was here on July 11th when this was on the
consent agenda, and Commissioner Saunders kindly removed it to --
well, it was supposed to be September, but we know what happened,
so here we are now five months later in December, and the item is
pretty much unchanged from what was requested in July.
As you can see on the visualizer, I've circled in red where the
cameras are on the county right-of-way going into the City of Naples.
My issue is that I live in the county. If I'm driving down a county
road, you could take a photo of me and all that type of thing, but I don't
think, from a "big brother" standpoint, to use a word, that we should be
tracking people who are doing -- maybe going from one part of the
county to the other part of the county and not even going into the city,
for instance, for shopping and what have you.
If the city wants to use the cameras, let them put them on the city
street. When you go into a gated community, you have to go to the
gate. It's not on the county right-of-way. So let the county (sic) move
them in off of 41, one off of Goodlette-Frank, off of Airport. Let them
move it into the community that would have otherwise had a gate. Let
them move it into the city right-of-way.
As far as the information going, I think the question we need to
ask is, look at the city contract. From what I read when this was before
the city, the contract they have is with a firm that's based out of
December 12, 2017
Page 139
Virginia. So from a "big brother" standpoint, I'm not so worried about
them sharing information with our sheriff, because he's the
constitutional officer here for the whole county, be it the county limits,
the city limits. What's going up to Washington and NSA is what I'm
concerned about. Let's look at that. Let's ask that question, okay.
So I'm philosophically against putting these cameras in the county
right-of-way. Let the city use their land, their right-of-way.
Also, I know that, you know -- obviously, I put Port Royal down
here and stuff, and those people probably need more protection
because they're not gated and they're multi-million-dollar homes, et
cetera, but to use a phrase, and I believe it was Benjamin Franklin, if
we're willing to give up a little freedom for security, then we deserve
neither.
So I really, from a philosophical limited-government standpoint,
believe that -- let the city, for these areas here, let them go in a block or
two and find city right-of-way but not infringe on those of us who live
in the county, but because we may be traveling down those roads not
doing any city business. Just coming down here I'd have to go down
those, and I'm not here on city business. So it's really a philosophical
standpoint.
Thank you.
CHAIRMAN TAYLOR: All right. Any discussion?
(No response.)
CHAIRMAN TAYLOR: Do I hear a motion to approve?
Well, I'll make a motion to approve this agenda item as I am -- the
city is in my district. I do understand the reason for it. I do believe that
these cameras, for the most part, are placed at city entrance.
You know, they annexed Horseshoe. It's there. The airport is
there. It's on North Road. You know, I understand that. I kind of
wish they had been here, but they aren't, so at this point I will make a
motion to approve.
December 12, 2017
Page 140
COMMISSIONER FIALA: Okay. I'll second it.
COMMISSIONER McDANIEL: Yes.
CHAIRMAN TAYLOR: All right. Any other discussion?
COMMISSIONER McDANIEL: I do have a little bit of
discussion, and it's just to address the concern.
COMMISSIONER SOLIS: Go ahead.
COMMISSIONER McDANIEL: I'm sorry. I mean, it is -- I
expressed my concern already in the topic with regard to "big brother"
and the like.
And our pictures are being taken all of the time. At all of our
traffic signals there's cameras. I think that it's important to know that
I'll be the first one to withdraw this opportunity if there is an abuse
with regard to privacy and the like.
It's my understanding that these cameras are strictly for law
enforcement to have record as to where people are leaving the City of
Naples or necessarily coming into and to better track criminal activity,
not monitor where I go for supper.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER FIALA: That was my understanding, too. Is
that your understanding?
CHAIRMAN TAYLOR: Yes, yes, absolutely.
All right. There's a motion on the floor and a second.
Commissioner Solis?
COMMISSIONER SOLIS: Well, I'll just echo what
Commissioner McDaniel said. I'm really concerned. I'll just leave it at
that.
CHAIRMAN TAYLOR: Okay. All right. Any other
discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
December 12, 2017
Page 141
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
The most fascinating thing about progress and photographing
license tags is that you can travel all around the country right now, and
you don't even have to -- if you've got the right pass -- but if you don't,
your license plate is photographed, and you get the bill in the mail.
Item #11K
THE PUBLICATION OF COLLIER COUNTY’S NOTICE OF
INTENT TO UTILIZE THE UNIFORM METHOD OF
COLLECTING NON-AD VALOREM ASSESSMENTS IN
UNINCORPORATED COLLIER COUNTY IN ACCORDANCE
WITH F.S. 197.3632(3)(A), IN CONSIDERATION AND AS PART
OF THE STORMWATER UTILITY PHASE II PROCESS -
MOTION TO APPROVE – APPROVED
MR. OCHS: Madam Chair, let's move now to Item 11K. This
was previously Item 16A29 on your consent agenda. It was reflected
as a move on your change sheet at the request of Commissioner
McDaniel.
This is a recommendation to authorize the publication of Collier
County's notice of intent to utilize the uniform method of collecting
non-ad valorem assessments in unincorporated Collier County in
accordance with Florida Statute as part of the Stormwater Utility Phase
2 process.
December 12, 2017
Page 142
MR. SANTABARBARA: Good afternoon.
CHAIRMAN TAYLOR: Mr. Santabarbara will make the
presentation.
COMMISSIONER McDANIEL: 11K used to be 16A29.
MR. OCHS: Yes, sir.
MR. SANTABARBARA: Good afternoon. Geno Santabarbara,
Principal Planner, Capital Project Planning, Impact Fees, and Program
Management Division.
I can address any questions you might have or concerns you
might have, but this is -- this item is to strictly get permission to
publish four consecutive notices for notice of intent to utilize the
method of collection.
COMMISSIONER McDANIEL: And I don't need a
presentation. If you'll allow me a moment, Madam Chair? Madam
Chair?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: If I may, I don't need a
presentation. I just have a statement that I would like to make.
CHAIRMAN TAYLOR: Okay. That's fine.
COMMISSIONER McDANIEL: Okay. One of the difficulties
in our performing our job is that we only get to talk to one another
when the TV's on and Terri's writing down all of my misspoken words.
I want you to know that I've been watching this item come
through for the full year that I've actually served as county
commissioner. It's come forward on multiple consultation agreements.
We had a workshop on it or a presentation back in September from the
consultant.
I want my colleagues to know that when this does formally come
forward I'm going to propose some amendments to it. Call it what you
like. Call it a non-ad valorem assessment. Call it a fee. It is a tax. It is
an increase and a tax burden of the already cost-burdened residents of
December 12, 2017
Page 143
Collier County.
So as this comes forward, I would like just for you -- my personal
opinion is it is an increase in tax, and I'm going to propose a couple of
different ways for that cost-burdening circumstance to, in fact, be
alleviated yet still provide for the necessities of dedicated funding
sources and the like.
With that -- I understand that this agenda item today is a
calendar-year circumstance timing that we have to approve so that they
can move it through, but I just wanted you to hear from me where I'm
heading with it.
And, with that, I'll make a motion for approval of the agenda
item.
CHAIRMAN TAYLOR: All right. There's a motion to approve.
Do I hear a second?
COMMISSIONER SAUNDERS: Second.
CHAIRMAN TAYLOR: Okay. Any discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: Thank you very much.
MR. SANTABARBARA: Thank you, Commissioners.
CHAIRMAN TAYLOR: It carries unanimously.
MR. OCHS: Thank you, Geno.
Madam Chair, this might be an appropriate time for your court
reporter afternoon break, and then we'll get into the sales tax
December 12, 2017
Page 144
discussion.
CHAIRMAN TAYLOR: Okay. I think that's a great idea. What
do you think, Terri?
MR. OCHS: Ten minutes?
CHAIRMAN TAYLOR: Ten minutes.
(A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mike.
Item #11G
THE PROPOSED SCHEDULE AND PROJECT LIST FOR A
COUNTYWIDE INFRASTRUCTURE SALES SURTAX VOTER
REFERENDUM TO BE HELD ON NOVEMBER 6, 2018 AND
AUTHORIZE STAFF TO INITIATE RELATED ACTIONS -
MOTION DIRECTING STAFF TO MOVE FORWARD,
CONTINUE TO FINE-TUNE THE LIST FOR A 7-YEAR
PROGRAM, REMOVE CONSERVATION COLLIER FROM THE
LIST AND INCREASE MENTAL HEALTH FUNDING –
APPROVED (COMMISSIONER MCDANIEL OPPOSED);
MOTION TO SUPPORT FUNDING VETERAN NURSING HOME
– APPROVED
MR. OCHS: Commissioners, we're moving now to Item 11G.
This is a recommendation to approve the proposed schedule and
project list for a countywide infrastructure sales surtax voter
referendum to be held on November 6th, 2018, and authorize the staff
to initiate the related actions.
Mr. Jeff Willig from the County Manager's Office will present.
MR. WILLIG: Good afternoon, Commissioners. For the record,
Jeff Willig.
So this item is a continuation from the November 7th workshop
December 12, 2017
Page 145
where you asked us to go back and look at the list and refine that
down. We've done that and removed the items that were O&M items
and just cleaned that up a little bit.
In the executive summary we prepared an allocation model,
which is up on the screen here and was also handed out to you, that
just kind of takes the funds, the revenues that would be generated, and
kind of allocates them into different categories and to different
projects. Based on conversations that we've had with the Chamber of
Commerce and with you folks, we've also created a couple other
alternative models that are -- that you have in front of you that were
passed out just before this that kind of evaluate different funding levels
with possibly a six-year or seven-year or also just changing up the
amount allocated to Strategic Land Acquisition.
So if you have any questions, I can --
MR. OCHS: Commissioners, the list that's on your screen and
the television screen, again, just to clarify, this is the seven-year sales
surtax with the $150 million allocation for strategic and sensitive land
acquisition remaining in that seven-year model, and that was, you
know, the majority direction from the Board the last time we spoke on
this.
As Mr. Willig just mentioned, there has been, since that time,
some additional discussions with the Chamber, who have led this
initiative, and they had indicated that there may be some desire to look
at other options including removing some or all of that sensitive land
allocation and, depending upon whether that's something the Board
would want to entertain, then perhaps looking at a six-year voter
initiative instead of a seven-year tax.
So those are the three handouts that you have in front of you, and
we'd be happy to take any questions or --
CHAIRMAN TAYLOR: What I thought was interesting when I
read it is the schedule and how this is going to -- you're going to
December 12, 2017
Page 146
address the municipalities, whether they want this or not.
I mean, this is something I think needs to be brought to the record
if we probably could. And it doesn't have to be right now, but in the
course of this discussion, I think it's very important to explain to the
public how this is going to work.
MR. OCHS: This is the layout of the proposed schedule of some
of the primary activities by month, you know, moving from the
workshop last month through the proposed referendum in November
of next year.
And I didn't know, Madam Chair, if you wanted to talk about any
particular aspect of this, but --
CHAIRMAN TAYLOR: No, no, just -- I think it's important that
-- especially as this was initiated by the Chamber, and now we are, you
know, cooperating and bringing this forward. There are also, I believe
what I read, is the municipalities can bring forth their projects; is that
correct?
MR. OCHS: Yes, ma'am. They're going to be required to pass
resolutions agreeing to participate and also providing their specific
capital project lists for the allocation that would go to them.
CHAIRMAN TAYLOR: And have we had any conversations
with, for instance, the City of Naples or the City of Marco Island?
MR. OCHS: Not yet, ma'am. We're still going to wait for
direction today from the Board. The schedule for that, as you can see,
is anticipating those discussions in January, depending on the direction
today.
CHAIRMAN TAYLOR: Okay. And, again, this is more
informational than challenging.
Okay. So, Commissioner Solis?
COMMISSIONER SOLIS: I just have a question. So on -- you
know, having heard from Arthrex today, these numbers and what we're
doing on each category, I mean, we're going to be locked into these.
December 12, 2017
Page 147
These are the --
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SOLIS: These are the numbers that are going
to be on the ballot. Will these numbers be on the ballot or -- I'm not
clear on that.
MR. WILLIG: No, sir. These are just numbers. And we can
adjust these. These are just working models at the moment. But the
ballot will not have this table in it. It will refer to how much is going
to be spent in different places, but this table would not be.
COMMISSIONER SOLIS: Just, like, transportation, stormwater
capital, facilities, and community priorities.
MR. WILLIG: That's correct.
COMMISSIONER SOLIS: So just those general, okay.
MR. OCHS: Sir, again, this specific ballot language is part of
what would be prepared and brought back to this board in the spring,
and you would then -- you'd adopt an ordinance that includes the final
list, but you'd also specify the specific ballot language --
COMMISSIONER SOLIS: Language, okay.
MR. OCHS: -- that you want to appear on the ballot.
CHAIRMAN TAYLOR: And 65 -- it used to be 65 words.
MR. OCHS: Yes. There are some statutory limits on the amount
of words.
COMMISSIONER McDANIEL: Seventy-five.
MR. OCHS: I think it's 75 now, ma'am.
CHAIRMAN TAYLOR: And then you refer to the ordinance,
but the intention is these are specific projects that are going to be voted
on. They will not be in the ballot language, but this is it, and whatever
we decide eventually. And once they're funded -- let's assume they're
funded in five years, the whole list -- sales tax goes away. Even
though it might be a six-year time period, if these are funded, then the
sales tax goes away.
December 12, 2017
Page 148
COMMISSIONER SOLIS: Once they're all funded at these
levels.
CHAIRMAN TAYLOR: That's correct.
COMMISSIONER FIALA: Is that the truth?
MR. OCHS: It is, ma'am. When you specify the amount of
money that you intend to raise by the tax, once that amount is reached,
whether it's reached in six years or five-and-a-half, it stops at the point
that that specific amount of money is collected.
And all of these are -- for example, the mental-health figure, I
mean, this money can be used for capital improvements, okay.
MR. CASALANGUIDA: Land and capital.
COMMISSIONER SOLIS: Land and capital, okay. So there's no
maintenance. And on the sensitive land acquisition, this is all for
acquisition. It's not for maintenance.
MR. CASALANGUIDA: Correct.
MR. OCHS: That's correct.
COMMISSIONER FIALA: Okay. So then, talking about that, is
-- the sensitive land acquisition, is that Conservation Collier?
MR. OCHS: Yes, ma'am, essentially. That was the intent. So
that's why we developed the alternative allocations on the second and
third page of your handout.
COMMISSIONER FIALA: Second and third page?
MR. WILLIG: There should be three pages in the --
COMMISSIONER FIALA: Yes. But the second one says
Strategic Land Acquisition. What's the difference between strategic
and sensitive?
MR. OCHS: Commissioner, on the second -- yeah, go ahead,
Jeff, to the -- you can see that we went from $150 million, which was
the quantity of money that we were -- or the Board was discussing
earlier in the year, essentially, for the Conservation Collier millage
question, and took that down and left about only 40 million, only, 40
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million for other strategic land buys that the Board may want to
consider. That isn't necessarily just land that would qualify under your
Conservation Collier ordinance for acquisition.
Nick has an example out in Belle Meade, for example.
MR. CASALANGUIDA: The Hussey property, the urban area
golf course, a couple staging sites for hurricane. Anything that you
thought was strategic for the Board to acquire that property wouldn't
have to be conservation property. It could be future property for an
expanded government location, whatever you would need. So we
would lay out those things for you.
COMMISSIONER FIALA: Public golf course?
MR. CASALANGUIDA: Well, there's an O&M component that
goes with that, but it's acquiring property that's strategic to the Board;
green space.
MR. OCHS: And that's a proposal, Commissioners. I mean, that
could be zeroed out, if you'd like, and those dollars reallocated to
something else. This is just the -- you know, the staff's best stab at the
allocation model at this point, particularly in those community priority
areas.
CHAIRMAN TAYLOR: Well, I think the genesis of this entire
effort by the Chamber was a workforce training center.
MR. OCHS: The priorities -- and Mr. Dalby's here. I'm sure he
can speak to it. But I think the priorities from the Chamber's policy
board was workforce housing, workforce training, and mental health.
COMMISSIONER FIALA: So now we're talking about
workforce, but today when John -- come on, Donna, say his name --
CHAIRMAN TAYLOR: Schmieding?
MR. OCHS: Schmieding?
COMMISSIONER FIALA: -- Schmieding, yeah, was talking
about it, and his housing was specific. What do we call that kind of
housing then?
December 12, 2017
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CHAIRMAN TAYLOR: Workforce housing.
COMMISSIONER FIALA: Well, I don't know, because it seems
to get mixed up in the interpretation. We ought to give it a special
name.
MR. OCHS: Yeah. Commissioner, let me answer it this way.
Regardless of what you label it, the difference between this sales tax
revenue and grants from the federal or state government.
These funds, the revenues from the local option sales tax, are
discretionary funds to the Board, and they don't have the restrictions
that the federal and the state dollars have on these income levels and
percentage of the money that has to go to specific levels.
So I think I'm safe in telling you that you'd have much more
flexibility on how you want to direct these type of dollars than through
some of those federal and state funds.
COMMISSIONER FIALA: Exactly. And so if we give it a name
so that we don't call it workforce housing, because workforce all -- it
all falls into the same pot, and I would like to make sure that we do
make a specific effort to create the type of housing that Schmieding
was talking about, as well as he was referring to some of the other
entities in town, the hospitals and, you know, Sheriff's Office and all of
that stuff so that we make sure that we build it with that land and it
doesn't go to something else.
CHAIRMAN TAYLOR: What something else?
COMMISSIONER FIALA: I don't know. You know, because
we've got plenty that goes to workforce housing. There's workforce
housing underneath it. See?
CHAIRMAN TAYLOR: Yeah, that's what we're talking about.
COMMISSIONER FIALA: Well, yeah, but workforce housing;
what is workforce? I mean, right now --
CHAIRMAN TAYLOR: They usually define it by income.
COMMISSIONER FIALA: Except that -- well, I won't get into
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that too much. I just want to make sure we build what they're saying
they need.
COMMISSIONER SOLIS: I think what the County Manager
was saying, though, was that -- I mean, in this context we're just using
the word "workforce housing," but we're going to have complete
discretion on how we use this money. We're not going to be stuck in
some definition from the state or federal government as to what that
means.
COMMISSIONER FIALA: Good. Yeah. I just want to make
sure we do that because that is going to be important to us surviving
this -- the needs that we are not meeting now.
CHAIRMAN TAYLOR: We're not -- I don't think anybody
wants to commingle state and federal money with this.
COMMISSIONER FIALA: Good.
CHAIRMAN TAYLOR: I think this is our money.
COMMISSIONER McDANIEL: And just on that note, you
know, there again, we've been -- we all get tangled up in these
definitions of a low-income, low, low income, affordable and the like.
COMMISSIONER FIALA: Yeah.
COMMISSIONER McDANIEL: I really envision at some stage,
whether this sales tax goes forward or not, an entirely new definition.
One of the things that we learned from our housing report was
there is -- there are deficits in housing affordability for certain sectors
of our population. But we have, our county, has regularly
interchanged these definitions as they're talking to us. Workforce
housing has a very specific statutory and federal definition, and that's a
very good point that you brought up and that we don't get caught up in
those specific definitions because they don't really show the true need
of what Collier County has.
CHAIRMAN TAYLOR: I'd like a point of clarification. Excuse
me just for one second. On the second page and third page of the
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options you've got with CC or without CC. What does that mean?
MR. WILLIG: Yeah. It was just to kind of --
CHAIRMAN TAYLOR: What is CC?
MR. WILLIG: Conservation Collier. It was just for identifying
which plan was which.
MR. OCHS: Specifically, that's the reference to the Strategic
Land Acquisition line. You see where in the -- you've got two
columns on the far right-hand side there. Both the seven-years sales
tax proposal, the first column with Conservation Collier left in, the
whole 150 million which was the direction from the last discussion the
Board had on this; the far right column is the same seven-year sales tax
revenue reallocated to remove most of the Strategic Land Acquisition
and reallocate those funds into the other projects you see in yellow.
CHAIRMAN TAYLOR: Well -- so what would the -- what are
the projects that would be $40 million that have nothing to do with
Conservation Collier?
MR. CASALANGUIDA: Ma'am, even the restore -- Gary's
restore project, that watershed project's going to require some land
acquisition.
CHAIRMAN TAYLOR: And CREW.
MR. CASALANGUIDA: And it could be CREW. This is where
the Board has discretion outside. We call it strategic land. It could be
green space.
It could be if the Husseys came back and said, I'm willing to sell
it at appraised value and said I don't want to put the mining rights, and
the Board says, that's a section and a half. That's a section and a half.
That's strategic. It could be for affordable housing, workforce, it could
be for a training center. That gives you that flexibility to do that. And
it wouldn't go to Conservation Collier -- Land Acquisition Committee.
It would just come to you for review.
CHAIRMAN TAYLOR: Okay.
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Commissioner Saunders?
COMMISSIONER SAUNDERS: Thank you.
We've got a policy issue that kind of is driving this whole thing
right now, and that is whether or not Conservation Collier is going to
be included in the program.
Once we make that decision, then the rest of it becomes a little bit
more doable because then you can decide whether to go six years and
-- so at the last meeting, the environmental community got up and very
strongly said that they wanted out of this. They didn't want to be
included.
Commissioner Fiala and Commissioner Taylor, you-all -- the two
of you agreed with the community, the environmental community, in
terms of taking them out, and we had a 3-2 vote on keeping them in.
And I think it's important that we have a unanimous board on this sales
tax thing. I hate to go to the ballot with a 3-2 vote or 4-1 vote. I'd like
to see us try to come to closure on that.
And so, Mr. Manager, has there been any more communication
from the environmental element, the environmental community, in
terms of getting out of this? Do they still want out?
MR. OCHS: My understanding is that they still want out, sir. I
haven't had any direct communication. I know Mr. Dalby -- and he
may want to step up to the podium.
COMMISSIONER SAUNDERS: If we can get an answer to that
question.
MR. OCHS: Yes, because I know they've had some ongoing
conversations with representatives.
MR. DALBY: So, for the record, Michael Dalby with the
Chamber of Commerce.
I think they have stayed steadfast throughout this discussion as
we've -- as we originally saw this as a holistic approach to address a
number of different issues within our community; that they have said
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no. They would rather not be a part of this and would rather have a
standalone vote at a different time, so that's been their stance, and I
think that stance has not changed in any way.
COMMISSIONER SAUNDERS: Madam Chair, just to continue
that, then, I've gotten a lot of emails and phone calls with the same
conclusion, that where the representatives of the environmental
community absolutely want out of this.
CHAIRMAN TAYLOR: No. Can I make a --
COMMISSIONER SAUNDERS: Sure, sure. If you have --
CHAIRMAN TAYLOR: Just point of clarification.
COMMISSIONER SAUNDERS: -- different information.
CHAIRMAN TAYLOR: The representatives of the
environmental community are very interested in the acquisition of
strategic and sensitive lands. They are not interested in putting the
program, Conservation Collier, before the voters and connecting it to
this tax, because it's putting -- it doesn't work. It just doesn't -- it's a
very different -- for instance, one of the major components of
Conservation Collier is maintenance. There's no maintenance money
here. It's only acquisition. So it becomes very, very expensive to
address it.
Also, the way the Conservation Collier lands are acquired are
very -- it's not the same process as proposed here. It doesn't negate
what's being proposed here. But the environmental folks are very
willing to come and work with staff to suggest lands that are strategic
in acquisition that have an environmental aspect to it. And call it green
infrastructure, whatever -- however you want it. Just not the program
Conservation Collier.
So I don't know if that's as clear as mud, but that's kind of where
we're at.
COMMISSIONER SAUNDERS: It sounds like that would be an
effort to have $150 million in this program in addition to Conservation
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Collier. Is that what the -- when you say "strategic land," are you
talking about the $40 million that we would be looking at?
CHAIRMAN TAYLOR: I think that's going to be up to us to
decide. And maybe staff, if they worked with the environmentalists,
they could find -- you know, oh, this is an idea or this is an idea; the
CREW lands, Belle Meade, to increase the watershed aspect of our
county, to improve that. There's a lot of areas that money could be put
into and what the cost is. Then I think we could come back and
discuss it.
I think the first step would be to have the environmental
community work with staff on this.
COMMISSIONER FIALA: Yeah, because I don't know that they
really want to be part of that $150 million either. I think that they're
hoping to, you know, just take that thing out entirely.
CHAIRMAN TAYLOR: Conservation Collier.
COMMISSIONER FIALA: Yeah, the Conservation Collier.
And, you know, I think that they prefer to have a separate altogether.
But they don't mean to leave total amount in because then that kind of
removes them.
COMMISSIONER SAUNDERS: So if we were going to agree
with the environmental community that this program would not
include Conservation Collier, then we would continue to have the line
item of Strategic Land Acquisition, the 40 million. That would be a
focus that we would deal with later on in terms of what that means, but
it would not necessarily be environmental land. It could be, but it
would not have to be.
And so then the second -- I guess the issue that comes from that
as well is, do we go for six years or seven years? And if we take that
150 million, reduce it to 40 million for strategic land, it sounds like the
six-year program -- let's see. Yeah, you have -- I think on that one you
have -- you only have $20 million then for --
December 12, 2017
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MR. OCHS: That's correct, Commissioner.
COMMISSIONER SAUNDERS: So you still want to do a
seven-year program.
MR. OCHS: Pleasure of the Board.
COMMISSIONER SAUNDERS: Okay. Well, it seems to me,
then, we should consider going with the seven-year program, take
Conservation Collier out, put in that line item of $40 million, and fund
the other projects that would be listed here in yellow.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SAUNDERS: And then the other thing that
we talked about at the last meeting was doubling the amount for
workforce housing, I mean for the training center and mental health.
I'm not so sure that $10 million is going to get you much of a training
facility, and so --
COMMISSIONER SOLIS: Especially 10 million over seven
years.
COMMISSIONER SAUNDERS: Yeah. So I'd like to see us
double that number.
MR. CASALANGUIDA: Just for clarification, sir, the 10 million
will probably build you an outfit youth center. It won't run it -- if
we've got the land, and we may have a person who provides the land.
I ran the cost-per-square-foot number, so you'll probably get
there. The mental health, that's probably short based on discussions
with David Lawrence and the Sheriff, so that's an area we probably
want to look at.
And the workforce housing we did increase, and that, again,
would be whether you bought the land and put it out for RFP and price
controlled it, whether it was for senior housing or worker housing.
You have a lot of options with that.
COMMISSIONER SAUNDERS: Okay. And, Madam Chair, if I
-- I want to throw out one other item, and obviously we don't want to
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get into pet projects, because if we start -- each of us start doing that,
that's going to be a problem, but I do want to give you one pet project,
having said that. And --
CHAIRMAN TAYLOR: That being said.
COMMISSIONER SAUNDERS: And unless there's unanimous
approval, then I don't want to pursue it any further.
But Collier County had pursued getting a veterans nursing home,
and my understanding is that the state fund available now for another
veterans nursing home in Florida will not be funded sufficiently until
2026, and Collier County would be in a, you know, position to
compete with that. But we were not ranked number one the last time,
and there's every reason to believe we would not be ranked number
one again.
And so the thought is to propose to the state and federal
government that with this tax we would acquire the land, which I think
we could acquire through donation, build the building, own it, but
enter into a long-term lease with the federal government to run it, and
that way we'd, perhaps, be able to get a veterans nursing home here.
So it's just a thought, something that we've all talked about.
I've talked to the County Attorney, and that type of facility would
qualify in terms of this tax as long as the county owned the building.
So just -- I just wanted to throw that out, see if there was any support
for it.
COMMISSIONER FIALA: That's an outstanding idea. We all
know it's been needed. It kind of got pulled away from us at the 11th
hour the last time. We thought we were right in line for it, and through
some -- I'll skip my words. Through some issues, we didn't get it.
And we have so many more veterans here than in most places
around the state of Florida even, and I think it's definitely needed. I
love that idea.
COMMISSIONER SAUNDERS: Well, if all five of us are in
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agreement to do that, then we would -- perhaps we could make a
motion that would be made by all five, if there's agreement amongst all
five, and so --
COMMISSIONER FIALA: I'm just one.
COMMISSIONER SAUNDERS: -- it's nobody's pet project; it's
our total commission pet project.
CHAIRMAN TAYLOR: No. I think that you're thinking about
what we're about. Taking care of folks such as veterans, it's got to be
paramount. It's a wonderful, wonderful idea.
COMMISSIONER FIALA: And we don't do much of anything
for veterans right now.
COMMISSIONER SAUNDERS: Commissioner McDaniel is
waving his arms.
COMMISSIONER McDANIEL: My light's on, whenever you're
ready, Madam Chair.
Yes. And I just don't want to -- first off, I love the pet project. I
think the veterans hospital is an amazing idea. I need you to know that
I'm not going to support this agenda item.
When this -- when we had this workshop, I heard in the
presentation from our staff that these capital necessities that we're
being told that we have can and will be funded through regular
programming sources without a tax increase to our electorate. That
was a portion of that workshop.
COMMISSIONER FIALA: Janet Vasey.
COMMISSIONER McDANIEL: Well, it wasn't Janet Vasey. It
actually came from our staff. Now, Ms. Janet reiterated that, number
one.
Now, in this format, in this forum, the way this is being presented
to us, this is a tax increase again on our electorate that's already been
designated as cost burdened, or a large portion of them are.
I could support a referendum if there were a commensurate ad
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valorem reduction to the residents, the taxpaying residents of Collier
County. But in this -- in this format, the way this is being presented, I
can't support it.
And I appreciate, Commissioner Saunders, your want to have a
5-0 consensus on this, but it just -- in this writing, the way this is
written, I can't support it; sorry.
CHAIRMAN TAYLOR: I think it's worthy to explore.
Commissioner Solis, you haven't weighed in.
COMMISSIONER SOLIS: I've got my thinking hat on.
CHAIRMAN TAYLOR: Mental health.
COMMISSIONER SOLIS: Well, the mental-health issue, the
only thing that I was going to comment on was looking at the
community priorities, are these really our priorities the way the
money's allocated?
CHAIRMAN TAYLOR: Not necessarily, but this is a starter,
then we -- I see this as, literally, we've got it now. We can work on it
and come back in January, work with staff and say, no, I want this, I
want this, and get the -- I don't see this as written in stone by any
means. This is just a beginning. Am I so far off?
MR. CASALANGUIDA: No, ma'am. This is for guidance for
us.
CHAIRMAN TAYLOR: This is guidance.
COMMISSIONER SOLIS: For guidance.
CHAIRMAN TAYLOR: Okay. This is the sort of -- this is the
staff's wish, but that's why it's in front of us because we get to weigh in
here, and allocation and everything.
COMMISSIONER SOLIS: Ultimately, the allocation of these
funds will work out later in an ordinance.
MR. OCHS: Correct.
COMMISSIONER SOLIS: Is there a motion pending?
CHAIRMAN TAYLOR: Not yet. I think we've got some
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speakers. Do we?
MR. MILLER: Yes, ma'am. I have four registered speakers for
this item. Your first speaker is Dr. Joseph Doyle, who has been ceded
three additional minutes from Sandy Doyle, who is present. He will be
followed by Charlotte Nycklemoe.
DR. DOYLE: Okay. Good afternoon, Commissioners. Dr.
Joseph Doyle. I'm wearing my Grinch cap today since we're talking
about sales tax. I know I look like Santa usually, but today I'm the
Grinch.
As you know, I was here on November 7th for the workshop, and
I'd just like to reiterate a couple of things.
I realize that this is a sample project allocation but, again, the
agenda item says that there was going to be citizen oversight
committee. Well, I'd like to know who's going to be on that citizen
oversight committee. I see this driven by the Chamber and the staff,
and it's the same cast of characters that drives a lot of the things in this
town and, quite frankly, I think we need to have a true citizen's
oversight committee.
And I do agree with Commissioner Fiala that we really need to
know, you know, what does workforce housing -- who's going to be
involved with that? What does it really mean? And, you know -- and
with Commissioner McDaniel, to the extent that we need an offset in
the ad valorem, because if we're going to have a revenue stream here
as a sales tax, then there needs to be a corresponding -- the whole idea
is to get away from the property tax. I mean, the realtors will tell you
that the property taxes are higher than other counties, et cetera. Well,
let's give the relief, then, if we're going to have the sales tax.
Now, based on the conversation that I heard presented here, the
devil is in the details, because these sample project allocations -- well,
first of all, I'm happy to see that originally when we were here in
November we were talking $896 million worth of wish list, and taking
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out the O&M, we're now down to 655 million. Of course, we already
said there's some funding here.
The sales tax was going to have a shortfall of 732 million back in
November, and now we're down to 420 million.
But as I will say, we have the Chamber's wish list, we have the
staff's wish list, but what are, really, the essential things that we as
county government really need to provide? And I would say, okay,
bridge replacements, fine. Maybe we could look at the transportation
and the Vanderbilt Beach Road extension, Pine Ridge, Livingston, and
Whippoorwill, that mess, and Randall, okay.
Stormwater capital; well, I'm not quite sure, how does that fit in
with the possible stormwater utility that we're talking about, or is the
utility only for maintenance?
Then we get into facilities and capital replacement. Well, I agree
that the Sheriff needs what he needs for HVAC, roofing, et cetera, the
forensic building but does -- now, I see here -- where does the -- now, I
see, the Big Corkscrew Regional Park, I'm not so sure of that. I'm not
so sure that we need the shelter for the animals. I'm not so sure that --
actually, that we need the workforce training center.
We spend a billion dollars a year on the school budget. Why can't
that be part of what they do at Lorenzo Walker or something else?
Why does the county have to do this? Let the school district do the
training. They're supposed to be in education. So I have some of those
questions.
I'd like to be on this citizen's committee to hash this out, because
I'm not quite sure I agree with these priorities here. I do agree with
mental health. It's a long -- David Lawrence needs to double their
capacity, triple, maybe even quadruple it and take the burden, the high
cost, off the Sheriff. I mean, that I agree with. So I'm not quite -- I'm
not happy with the priorities, but hopefully this is a continuing
discussion. But I will go on the record as saying that I think we need
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to look at what are the more essential things here.
And now -- so that brings -- my list brings us down to 161 million
if you take out Conservation Collier, because they want to go a
different way.
So do we really need a one-cent tax for seven years? Maybe a
one-cent tax for three years, or a half a penny tax for six or seven
years, with the corresponding reduction in the ad valorem.
So I'd just like to get that out on the table, and I thank you for
your time.
MR. MILLER: Your next speaker is Charlotte Nycklemoe. She
will be followed by Nicholas Piche.
MS. NYCKLEMOE: Good afternoon, Commissioners. Thank
you for allowing me to speak to you.
CHAIRMAN TAYLOR: Thank you for being with us since this
morning.
MS. NYCKLEMOE: As you know, I'm Charlotte Nycklemoe,
president of the League of Women Voters, Collier County.
At the last BCC meeting, the League of Women Voters voiced
concern about moving ahead with the sales tax referendum because of
the lack of poll/focus group detailed information. After the meeting,
we contacted Mr. Dalby from the Chamber of Commerce to obtain
detailed information. After waiting a month, we received a two-page
report last Thursday, December 7th. It did not answer many of the
questions we had regarding the demographics of poll participants and
focus group questions.
In particular, what organizations participated? How were they
chosen, ages, sex, racial mix, et cetera? We feel this is standard
practice, but there is no indication that in the report that this mirroring
was done, only that they were randomly selected. We were informed
that was proprietary.
The Chamber offered to meet with us, but we just received the
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information, and you are making decisions today.
We have no position on the sales tax referendum, but we believe
that if the Chamber's survey and focus group results are what
persuaded you to move ahead with a sales tax referendum, there's just
not enough transparency or information. There should be no bias
when the public is involved. And this isn't a criticism of the Chamber
or the research company. It is just a fact.
Many of the questions are confusing and misleading. For
example, if you ask survey participants if it is good or bad to catch up
with vital infrastructure projects, what does this mean? It's kind of like
asking, do you like sweets; yes or no?
They do not appear to have separately polled on the various
elements being proposed for inclusion in the referendum proposed. So
I have just -- we have just a few questions for you to think about:
Have your staff and commissioners seen a full report with detailed
information? Do they or you believe that they have enough
information that the public would support a sales tax? If you want a
successful marketing plan, you need to know who is against it and
why. Do you know that?
Keep on?
In addition, it is important to know what participants thought
regarding the priorities for projects. Is one more important than the
other? Were there other ideas or suggestions from the group to deal
with all the county issues previously stated: Housing, mental health,
infrastructure, et cetera, et cetera?
What age groups are most likely to vote for or against?
The report says there was no consensus on what should be
funded. How will you make that decision?
These are just a few of the questions that we have. And citizens
count on your being thorough. It is the manner in which we gain trust.
If we were decision-makers in a corporation rolling out a new product,
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we would need to know more.
Lastly, we really want you to be successful in whatever your new
methods and programs are so that you can accomplish your goals. So
we hope that you will have another dialogue to determine if you need
more information.
Thank you.
MR. MILLER: Your next speaker is Louis Piche. He will be
followed by Michael Dalby.
MR. PICHE: Thank you. Louis Piche with Americans for
Prosperity. Thank you, Chair. Thank you, members, for allowing me
to speak.
I'll be very brief. We're against the tax increase, and we believe
that whenever a tax is added, all alternatives must be exhausted to
increase spending. So just wanted to make that statement.
COMMISSIONER McDANIEL: Decrease. Decrease spending.
MR. PICHE: Did I say increase?
COMMISSIONER McDANIEL: Yes, you said in increase.
MR. PICHE: Thank you very much. Yes, absolutely, decrease
spending. Thank you.
MR. MILLER: Your final speaker on this item is Michael Dalby.
MR. DALBY: So maybe to try to -- Michael Dalby, for the
record. I'm sorry.
So maybe to try to clarify on some issues. And obviously on the
information that went into this, it was looking at a number of different
issues as a community that we were trying to address, some of which
have been referenced today: Housing, training our population for
economic opportunities, trying to address backlogged projects.
As we did poll twice on these and had a focus group as well,
began to see that people realize that there was a need to try to fund
certain projects that kind of went above and beyond what the normal
day-to-day operations of the county was, projects that had been
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delayed because of the recession, projects that needed to be addressed
now because we as a community felt like these are important.
I think it's important to keep this in mind. There's been a lot of
references about the Chamber's sales tax proposal. The Chamber's
proposal was to try to address certain issues that we felt were very
important within our community, and it really started off with
workforce housing and workforce training.
As we went down that pathway, began to realize that the
mental-health and addiction, addressing that issue, was also critical,
and how to find a way to fund these, just as the last gentleman said,
you try to exhaust all the other opportunities and pathways; you try to
figure out, how do I fund these? And this was a pathway that we saw
that would bring in monies from tourists, our visitors, individuals that
live here use all these services -- or work here and use all these
services but don't physically live in Collier County.
So that component, allowing others to fund anywhere from 20 to
30 percent of those needs, was part of the motivation to look at this
closely.
I think what you're seeing, and you're doing it through these
discussions, is kind of looking and saying, okay, maybe not so much
here, maybe more here, this is a priority for our county, this is a way to
address it. But when you look at the total amount, realize that a
relatively small amount is for those projects the Chamber originally
began with.
The majority of these projects, the majority of dollars are for the
county. It's for the ability to take care of the citizens, the health, the
welfare, transportation issues, other things that need to be addressed.
So we see this as a total community betterment approach, a project.
Certainly, these will be issues that will need to be marketed,
they'll need to be explained, that will need to be communicated to the
community, but you only have so many ways to address these, and
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you're going to go one way or another to increase taxes, to find fees or
funding to be able to address these issues.
And we saw this as a pathway that -- because 61 of 67 Florida
counties use this, we saw this as a pathway that would say, this fits
well with Collier County and will get us a means to address a number
of different issues.
Thank you.
CHAIRMAN TAYLOR: Mr. Dalby, just a question I have.
MR. DALBY: Sure.
CHAIRMAN TAYLOR: Is the Chamber going to market this?
MR. DALBY: Absolutely. We've -- the commitment that we're
making is from a campaign standpoint, that if we feel like this is the
direction we're going to go, then we will commit funds and resources
to market this and help educate the public to understand that this is
what is being talked about and what it will get us if we complete these
projects.
CHAIRMAN TAYLOR: Thank you. So are we far -- this is sort
of a preliminary list that --
MR. CASALANGUIDA: Yeah.
CHAIRMAN TAYLOR: -- and then we're going to come back
and discuss this in greater depth; is that correct?
COMMISSIONER FIALA: I have a question after you're done.
MR. OCHS: Yes, ma'am, that's our intent unless otherwise
directed at this point.
CHAIRMAN TAYLOR: I would suggest that it's probably not a
good idea to do it in a vacuum. It's a very good idea to speak with staff
about this.
COMMISSIONER McDANIEL: I didn't hear what
Commissioner Fiala's question was.
CHAIRMAN TAYLOR: She didn't ask.
COMMISSIONER FIALA: I didn't ask it yet.
December 12, 2017
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COMMISSIONER McDANIEL: Oh, I'm sorry.
CHAIRMAN TAYLOR: So, Commissioner Fiala.
COMMISSIONER FIALA: Yeah. As I'm listening to all of this
-- and we're talking about doing this sales tax and then we're talking
about part of it won't be going to this but maybe going to something
else, and then I'm looking down the list and I'm thinking, okay, so
we've got a sales tax, but as has been discussed before, we're going to
get that money in anyway from regular taxes. Might take a longer
period of time, but so we're going to have a sales tax to pay for the
same thing that we're getting regular tax money in for, so do we deduct
one from the other?
Same with the impact fees: If we're collecting impact fees to do
the roads, then do we deduct that from the sales tax fee? Same with --
by the way, Joe Doyle made a really good recommendation, and that is
to have some new faces on these committees. I thought that was a
good idea.
On some of the things -- I just feel that -- like, for instance, last
night I went to a stormwater fee, utility fee, right? Well, we've got
stormwater on here. Why are we having somebody out there
promoting stormwater fees if we're talking this way? And if the
stormwater fee is passed, then do we deduct that from here?
And, I mean, we've got a few things going on like that, and all of
a sudden I'm seeing money, you know, like, doubling up, and we need
to be reducing that.
So I'm having a lot of confusion with that. I'm trying very hard
not to say anything disparaging. I'm just trying to say that we don't
want to tax them for one thing and then another and get the -- you
know.
COMMISSIONER SAUNDERS: On the stormwater, the only
thing that can be built with the sales tax is capital. There needs to be a
way to operate it and manage it, and so that may be the need for a
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stormwater utility, but this would -- this type of thing would reduce the
amount of money that would be needed in a stormwater management
program, because you'd have the capital taken care of, or at least a
portion of the capital taken care of in this sale tax. So that would offset
the --
COMMISSIONER SOLIS: Offset.
COMMISSIONER FIALA: So does that come out of -- does that
usually come out of general funds? And then do we reduce the general
funds by that amount being that we're going to get faster from sales
tax?
COMMISSIONER SAUNDERS: The problem with -- just
focusing on the stormwater utility, I think staff determined that it
would take us about 50 years to --
COMMISSIONER FIALA: Twenty-seven years or something,
they said.
COMMISSIONER SAUNDERS: Twenty-seven years. May as
well be 50.
MR. OCHS: Yes, ma'am. If you look at the list, you know, the
total estimated capital cost to get your stormwater capital program up
to speed is over $100 million. You know, we're talking about an
allocation of $40 million or, you know, $20 million. The shortfall is
$80 million if you continued going the way you're going now.
So even these allocations won't get you totally where you want to
go with your program, but they'll certainly get you there faster than if
you continue on a $6 million pay-as-you-go General Fund allocation to
the stormwater program that funds capital and O&M.
COMMISSIONER FIALA: So do we reduce taxpayer money
going into general fund, then, as long as we're doing the sales tax?
And then, of course, there's the thing, you can't deduct sales tax from
your taxes, but you can deduct property tax from your taxes. So which
do we -- or do you take both of the amounts of money in?
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MR. OCHS: Well, Commissioner, the only thing I will tell you is
when you build capital projects, as you all know, whether it's facilities
or infrastructure, you need to then maintain and operate them and in
some cases staff and service the community that's going to use those.
So I would be reluctant to guarantee you right now that you can cut
taxes by a certain percentage just because you allocate some capital
dollars to build some backlog infrastructure.
It's obviously, you know, your decision at the end of the day, and
we'll do whatever we need to do with the resources that you allocate.
CHAIRMAN TAYLOR: I've heard Mr. Isackson say that we're
going to start borrowing again. Now we're not borrowing because we
don't need to. We need to bring everything -- well, you know. No one
knows more than you what happened in the recession.
COMMISSIONER FIALA: She's kidding there.
CHAIRMAN TAYLOR: No, I'm not. I mean, you sat here. You
had to make those hard decisions. You knew what was going on in the
back.
So in order to catch up -- now, I don't know if it's ever going to be
100 percent, either we borrow when we need it, or we suggest that --
let the people decide whether they want to have a sales tax, but the
needs are still there. It's not --
COMMISSIONER FIALA: Oh, I agree.
CHAIRMAN TAYLOR: -- oh, we can deduct it from taxes.
COMMISSIONER FIALA: And I like the idea of building it
faster. Of course, you can't build all of this in one year anyway. It's
going to take years and years and years, and that money would be
coming in.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER FIALA: But still, it's great and everything to
get the job done faster, but do we have to raise sales tax in order to do
that?
December 12, 2017
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MR. CASALANGUIDA: Commissioners, if I could add a little
to the discussion, only because I've been talking to Mark and talking to
the Chamber and working on the project list and the stormwater utility.
Some of these are offsetting costs you're diversifying. So in other
words, as Commissioner Saunders pointed out, if you said, okay, you
put the referendum on the table, the voters decide, and you allocate 40
million to stormwater capital. Well, in February you're going to talk
about the stormwater utility and setting a rate. So you may say in the
first year of the rate-setting for the utility, let's set it at a very low rate
to cover some basic O&M and some basic capital.
If this voter referendum passes, you can keep that rate low and
attack the capital with some of this money that comes in. So you're
diversifying your revenue. If it doesn't pass, the second year you could
adjust the stormwater rate to capture some of this capital. So it gives
you that word that Mark talks about all the time, "flexibility."
Now, in 2019 we talked about borrowing close to $350 million
aside from the community priorities. These were just on projects such
as Corkscrew, the roads, and things that were there.
That $350 million will come with a debt service component out of
the General Fund, or Mark will say -- and I'm sure he's ready to jump
up here -- other non-ad valorem revenue sources.
If you wanted to offset that cost with what you get in a sales tax,
you have that ability because it's a net-sum game in that sense. We
wouldn't recommend a dollar-for-dollar reduction of that because
you're not getting anywhere.
So that's why I say this builds in flexibility in these decisions. If
you bring this to the voters and they support it, you have now
flexibility to decide do you want to go into debt service in 2019 or not
for other things you need. Do you want to increase the stormwater
utility in 2019 or 2020 or not? Because you've got the flexibility.
So the opportunity here is by taking this to the voters, it gives you
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flexibility to what you set the rate at for a stormwater utility or what
debt service you ultimately achieve in 2019.
And the last component is impact fees. If you apply these funds
to impact fees, to road projects, it's a cost and credit number that
generates the impact fee. So if you provide a supplemental revenue
source, it lowers that, so you lower the impact fee. Not a lot, but it
starts to, you know, bite down that impact fee a little bit.
COMMISSIONER SAUNDERS: Yeah. And you've got to be a
little careful, because we've got bond covenants on impact fees. So
lowering them may be --
MR. CASALANGUIDA: You don't have any debt on
transportation impact fees. You have never borrowed on
transportation impact fees. It's pay and go. So it would lower that
transportation impact fee.
CHAIRMAN TAYLOR: Let me talk about Big Corkscrew. You
know, I disagree with one of the speakers about Big Corkscrew. We
need that park out there. And, remember, the decision was made that it
was a pay as you go, that that park would be built as we had the
money. We weren't going to borrow.
MR. CASALANGUIDA: The only difference, ma'am, is you've
got phase one that comes in there. You'd be waiting five or 10 years
on that.
CHAIRMAN TAYLOR: Yeah, exactly.
MR. CASALANGUIDA: And that's a challenge, because if you
build two fields one year, you waste that mobilization and
construction. You're basically designing a piece, building a piece
versus what do you get for building the whole park at one time.
So in 2019, without this, staff was going to come to you and say,
we've designed Phase 2. What would you like us to do? Will it be part
of the debt-service issuance and we complete it at one time, or do you
want to continue the pay as you go on the park?
December 12, 2017
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So by asking the public to support or not support it, or vote, it just
gives you flexibility to decide where you're going to spend your money
in 2019.
CHAIRMAN TAYLOR: And it's the -- we're asking the public
for specific projects. We're not just saying, decide whether you want a
sales tax, and we might do this and we might do this. It's not that. If
this is important to you, do you want to fund it through a sales tax?
COMMISSIONER FIALA: Yes. I understand what that's all
about.
But say, for instance now, we're paying for some of this out of our
General Fund, right, because we're still having that General Fund, and
sales tax is now helping, and all of a sudden these things get built a lot
faster, not get paid off, not get paid off, but get built a lot faster, well,
then, do we reduce the amount of time that we get this money in, or do
we use it for other stuff?
COMMISSIONER SOLIS: Yeah. I mean, that was the
discussion that once we've collected the amount of money that's
approved --
COMMISSIONER FIALA: You said the words, once we've
collected the amount of money.
CHAIRMAN TAYLOR: No.
COMMISSIONER FIALA: But if we're paying it from other
pots, for instance, and so we get this -- and I'll choose stormwater, for
instance. So now we've got a stormwater fee coming in and we've got
this coming in and, of course, we've got the General Fund, and so
we've caught up a lot faster than we ever thought; do we still continue
collecting this or -- because maybe that amount of money has already
been obtained, or do we then use it for other things?
CHAIRMAN TAYLOR: We can't use it for anything that the
voters don't vote on.
COMMISSIONER FIALA: I understand that, but --
December 12, 2017
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COMMISSIONER SOLIS: It will just reduce the amount of time
in which we're collecting it.
COMMISSIONER FIALA: Well, that's what I thought, except
that we've got, now, money coming from all different spots. And they
said, and once we collect this amount of money. They didn't say once
we finish the project.
COMMISSIONER SOLIS: Right.
CHAIRMAN TAYLOR: That was a misstatement.
COMMISSIONER FIALA: How do you know that?
CHAIRMAN TAYLOR: Because I listened to the Chamber.
COMMISSIONER FIALA: He just said it, I mean, when --
MR. CASALANGUIDA: You're setting this overall dollar
amount over a seven-year period with these allocations. Typically,
when you do this, you're always going to be a little under. In other
words, you're going to collect probably not enough money to complete
all of these projects. But once you do get to that threshold of the
seventh year and you've spent the money, it would go away. If you
were to collect the money earlier because more people were coming
into Collier and you set this, it would stop at that period of time. Once
you get to that number you've set, that number --
CHAIRMAN TAYLOR: But the number is defined by the
project is what I'm understanding.
COMMISSIONER McDANIEL: No, no.
MR. CASALANGUIDA: You're setting a tax rate of a penny,
which generates about 70 --
CHAIRMAN TAYLOR: Which goes to Project A, B, C, D.
COMMISSIONER McDANIEL: That's guidance, Madam Chair.
This is just strictly guidance.
CHAIRMAN TAYLOR: I know that.
COMMISSIONER McDANIEL: It's complete -- don't -- I mean,
it's complete discretion of the Board. The dollar amount of the tax is
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X, and it's about the tax, not the projects, as Commissioner Fiala has
said.
CHAIRMAN TAYLOR: No, it's not. That's -- there's confusion.
MR. DALBY: Well, not to --
CHAIRMAN TAYLOR: No. You need to --
MR. DALBY: So Michael Dalby, from the Chamber.
And what you're going to do is, it's kind of like two steps. You'll
have ballot language. That ballot language, those 75 words, will, in
general, state the major projects these are going to be -- these monies
will be spent upon, so transportation, workforce housing --
COMMISSIONER McDANIEL: Mental health.
MR. DALBY: -- mental health, these kind of issues like that.
Then you'll have that ordinance that will look a lot like this that will
list projects and dollar amounts to each one of those projects. So
between now and before the vote, really before the campaigning,
you're going to have to set those numbers.
Now, some counties, not all, but some counties have had third
parties come in and -- just to try to validate and make sure that you've
got enough money in each one of those buckets to really take care of
the projects so that you don't end up with half a project funded through
this and not be able to do the whole. But you will list the projects.
You'll list the projects and the dollar amount.
The total dollar amount, once you've collected whatever you
scope as that total dollar amount that we as a county say, okay, that's
what we're going to vote on, once you've collected that money, then
that's when it ends.
So if your collections go faster than what we thought, we have
more sales tax revenues coming in than we thought -- or coming in
faster than we thought, then once you get to the bottom-line number,
then it stops. So it doesn't have to go the full seven years. It may only
go six-and-a-half years, but that's all the money you'll have to work
December 12, 2017
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with, and that's that guarantee back to the voters of this is what we
voted on, this is what we're going to do with these funds with this
much money, and then that ends, and then that's it. If you ever want to
do this again, you have to go back to the voters.
CHAIRMAN TAYLOR: So, Mr. Dalby, talk about the oversight
committee. Where does the oversight committee come into the
process?
MR. DALBY: It's something that the county should have -- put
into place. Now, you have kind of an oversight committee right now
with -- that was just talked about today, I believe, but you would have
an oversight committee to watch how these funds are spent so that if
the voters are presented this and said that this is what's going to be
voted upon, that that works -- that that makes sense, that that works.
That is what those monies are spent on. That's what that oversight
committee would be able to watch and make sure happens so that
monies don't get, willy-nilly, pulled from one project and put over into
another one, because this is what your -- this is kind of your contract
with the voters.
Now -- and the other part that they can play in -- and this is kind
of the hurricane, you know, I guess, backup plan, is if a hurricane came
through, or whatever natural disaster came through and took out a big
chunk of infrastructure and we said, this is critical stuff that we have to
have as a community, can we shift some of those monies to that critical
component. That oversight board could make that recommendation to
you, but that's about the only way you'd ever be able to pull away from
any of these projects. Once these projects are set, those are the
projects that are going to be done.
COMMISSIONER McDANIEL: Discretionary.
COMMISSIONER FIALA: So what if you get a lot more money
early and the project is paid off but you still haven't reached the
amount of money that you say -- you told the voters you were going to
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bring in? What do you do then?
COMMISSIONER SAUNDERS: You finish the project.
COMMISSIONER SOLIS: You just do the next project.
MR. DALBY: Yeah, you go to the next project. I mean, it's the
total amount of projects that you're going to be doing. So you've got
all of these -- I mean, if you did one of these projects quickly, that's
okay. That's off your list. But you've still got all the rest of the
projects you're still going to be collecting monies to try to take care of
and do.
COMMISSIONER SAUNDERS: I think we may be kind of
overthinking this a little bit. We've got some policy decisions to make
and then direct staff to move forward, and this is not a final decision on
any of this.
And so with your permission, I'll make a motion to kind of focus
the discussion and see -- because the policy issue is, do we want to
move forward with this, and so let's make a motion to do that. The
motion that I would make is to direct staff to continue with this list
with a couple changes. I think initially we stick with the seven-year
option. We can always go to the six-year option at any point; that
Conservation Collier not be included in this; that we do have the
Strategic Land Acquisition but not the Conservation Collier.
And then I'd like to add to that an increase in the amount of
money for the workforce training facility and mental health. I know
the manager has said that 10 million is probably the number, but I want
to make sure we have enough to build a facility and equip a facility.
And so I just don't think 10 million is going to be enough for that.
And -- then I would pose that motion and then, Madam Chair, I'd
like to make a separate motion in reference to a veterans nursing home
just to see if there's -- whether or not we should add that.
CHAIRMAN TAYLOR: And I'll second that motion for point of
discussion.
December 12, 2017
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If -- but we heard -- in terms of -- and I share your concern about
the training center, but could we leave that a little more open,
understanding that we could actually -- as we have this break until
January, that we have the time to interface with staff?
COMMISSIONER SAUNDERS: Sure. I'll withdraw that part
and just leave it at 10-. But, again, we have another opportunity to
change that number.
CHAIRMAN TAYLOR: Absolutely, there will be more than --
COMMISSIONER SAUNDERS: That's fine.
CHAIRMAN TAYLOR: -- more than one -- more than one
opportunity here to change that number. Okay.
So, Commissioner Solis.
COMMISSIONER SOLIS: The only thing I'd like to say is I
keep going back to what Mr. Isackson keeps saying that brings it in my
head, that just like a financial advisor would never recommend that
you put all your money into one stock, this, to some extent, is a
diversification of the revenue streams that the county lives off of and
that that, from a management position, is a good thing.
Is he nodding his head, or am I making him grumpy?
CHAIRMAN TAYLOR: He's smiling and nodding his head.
COMMISSIONER SOLIS: Okay. I mean, I do listen. And, I
mean, I think that's important. We have to keep thinking about that;
that we're being told that it's not good fiscal policy to have all of our
eggs in one basket, i.e., property -- ad valorem taxes.
And I'm -- you know, I think how we balance the sales tax and in
relation to what the property taxes are right now, like Mr. McDaniel is
suggesting, I think is going to be a good discussion to have.
So I'm going to support the motion, but I do want to go back and
revisit some of these allocations. But I really -- I like the idea of
looking at this holistically because, as I understand it, the Conservation
Collier proposal that we're going to hear, if it's not part of this, is going
December 12, 2017
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to be to raise the millage.
CHAIRMAN TAYLOR: That's right.
COMMISSIONER SOLIS: Right. So that is a double dip in my
vision, my view. It is. I mean, if we have a sales tax and we're going
to have a millage increase, I would rather have that component of this
in there, but I understand Commissioner McDaniel -- Commissioner
Saunders' suggestion that this needs to be as unanimous as it can be,
and so I'll support the motion right now.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. Just as a point of
discussion. And this is -- you all know how I feel.
I want to say out loud I like dedicated funding sources. Managed
borrowing is not a bad thing. The generation of a sales tax is a
proportionate expense on tourists that come here. As Mr. Dalby said,
20 to 30 percent of that revenue is, in fact, generated by our visitors
who come here, use our infrastructure facilities and the like.
And, as I said in the workshop, at the end of our workshop that
we had on this item, I would support a more holistic approach to these
necessities of our community, and making a sales tax referenda a
bondable instrument where we have controlled borrowing, where we
have additional capital that will take care of the infrastructure
necessities of community, I think, is a good thing. I think we can also
interimly -- and the main reason I'm not in support of this agenda item
is the lack of a return to our already taxpaying electorate, and this is --
this simply is an additional tax.
CHAIRMAN TAYLOR: All right. Any other comments?
(No response.)
CHAIRMAN TAYLOR: There's a motion on the floor and a
second. Could you repeat so we're very clear about your motion.
COMMISSIONER SAUNDERS: I'll try to.
To approve you moving forward with the seven-year program at
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this point in time; that Conservation Collier, at their request, not be
included in this, so we have the new list; and that we -- and I think we
decided not to bump the numbers on the list, so that would be the
motion.
CHAIRMAN TAYLOR: Any discussion?
COMMISSIONER FIALA: Yeah. Just one little thing yet. I still
have some misgivings on this, but I'll support it, not that my whole
heart is here, but I'll support it. We're going to get a lot more money a
lot faster than what they said. We always do. You know, we had a real
good booming year for tourism, and we'll get a lot more money in
because that's sales tax. And if that come to be, and let's hope it's --
let's hope it does, and then if it ends earlier, and that would be nice,
too.
I would hate to see it somehow affect our tourism. I don't think
tourists go to a place and say, and so how much is your sales tax before
I make my reservation. You know, I don't think they do that, but we
want to make sure that we work hand in hand with them.
I'm going to vote for it, but -- this time, and we'll see how it
comes out next time. I've got a lot of questions I need to have
answered, so we need to talk, gentlemen.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: What about me?
CHAIRMAN TAYLOR: Yes. Commissioner Solis.
COMMISSIONER SOLIS: I have one question because, I mean,
the request that Conservation Collier not be part of this did not come
from Conservation Collier. It came from the Conservancy, right? I
mean --
COMMISSIONER SAUNDERS: Well, yeah. It was really -- it
was really all of the environmental groups were here: The Audubon,
Wildlife Federation, and Conservancy.
CHAIRMAN TAYLOR: And the person who led the campaign
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twice.
COMMISSIONER SOLIS: Right, right. I mean, I'm just saying,
it wasn't Conservation Collier. It was --
COMMISSIONER SAUNDERS: I was kind of using that just as
a short --
COMMISSIONER SOLIS: You know, has anyone spoken with
the conservation groups? I mean, I'd like to know where they are on --
I mean, some of these road projects, I'm assuming -- my understanding
is they've been reviewed by the conservation folks and they're in
agreement that these are projects that need to go forward that they have
no objection to.
COMMISSIONER SAUNDERS: I can help answer that
question, because there were several projects, road projects, that the
environmental community was steadfastly opposed to.
COMMISSIONER SOLIS: Right.
COMMISSIONER SAUNDERS: And I told them that we would
make every effort to make sure that those projects were not included in
this, and my understanding is none of those projects that were of
concern are included in this.
COMMISSIONER SOLIS: Okay. So we shouldn't expect any
opposition to any of these transportation projects in this process?
COMMISSIONER SAUNDERS: No. And if there are
objections they should let us know, because we can change the list.
CHAIRMAN TAYLOR: Yes. And I think this is giving us the
time to assess this and that they will -- we'll invite them to speak to this
or interface with staff but, yeah, I would agree with you,
Commissioner Saunders.
COMMISSIONER FIALA: Maybe each one of us separately
during these next holiday days can reach out to some of them and ask
their opinion for ourselves, you know, and even ask questions from
them, and they can reply just so when we come back we have a better
December 12, 2017
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knowledge and understanding.
CHAIRMAN TAYLOR: Okay. All right. Commissioner
McDaniel?
COMMISSIONER McDANIEL: No, I'm all done.
CHAIRMAN TAYLOR: All right. So there's a motion on the
floor and a second. All those in favor, say aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: 4-1.
COMMISSIONER SAUNDERS: And, Madam Chair, back on
the veterans nursing home. And, Commissioner McDaniel, we're
moving forward with this --
COMMISSIONER McDANIEL: Second your motion. I like it.
COMMISSIONER SAUNDERS: Okay.
COMMISSIONER McDANIEL: I'll second it. As long as it's
not part of this sales tax.
COMMISSIONER SAUNDERS: I'll make a motion that we
include that on this list, and the staff will have to do a little bit of work
on that, and I'll assist in that regard.
COMMISSIONER FIALA: It's an excellent idea. Probably one
of the best ideas we've had all year. That's a good one.
MR. OCHS: On the sales tax list?
COMMISSIONER SAUNDERS: Yes.
COMMISSIONER McDANIEL: Are you --
COMMISSIONER SOLIS: As a separate.
COMMISSIONER McDANIEL: One of the benefits I see from
this entire discussion is we've had a list up there of the priorities of our
December 12, 2017
Page 182
community from a necessity standpoint, and adding this to that list of
priorities is a marvelous idea. Paying for it -- paying for it out of the
sales tax can, in fact, occur if that referenda goes forward, and I'm
wholeheartedly in support of that initiative. So I'll second your
motion.
COMMISSIONER SAUNDERS: I think we were talking about
$20 million as a line item for that initially.
COMMISSIONER FIALA: Right.
CHAIRMAN TAYLOR: There's a motion on the floor and a
second to include the nursing home and -- veterans nursing home and
to ask staff to do the research, and I'm sure that --
COMMISSIONER McDANIEL: Is that a veterans nursing home
or a veterans hospital?
COMMISSIONER SAUNDERS: Veterans nursing home.
COMMISSIONER McDANIEL: Nursing home, okay.
CHAIRMAN TAYLOR: And I'm sure that Commissioner
Saunders will be very helpful in this.
Any discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Thank you very much.
MR. OCHS: Thank you, Commissioners.
December 12, 2017
Page 183
Item #11H
DIRECT STAFF TO INITIATE A REQUEST FOR
INFORMATION (RFI) PROCESS FOR TWO COUNTY-OWNED
PROPERTIES THAT ARE SUITABLE FOR THE
DEVELOPMENT OF HOUSING THAT IS AFFORDABLE IN
ACCORDANCE WITH THE COMMUNITY HOUSING PLAN -
MOTION TO APPROVE – APPROVED
MR. OCHS: That moves us to Item 11H. This is a
recommendation to direct staff to initiate a request for information
process for two county-owned properties that are suitable for the
development of housing that is affordable in accordance with our
Community Housing Plan.
Mr. Giblin will present.
MR. GIBLIN: Good morning -- good afternoon, Commissioners.
Just give me a second here.
COMMISSIONER SAUNDERS: Madam Chair, this has kind of
been your issue. Do you want to make a motion to approve, and --
CHAIRMAN TAYLOR: Yeah, I would love to, because I think
all we're doing is going out for information.
COMMISSIONER SAUNDERS: Right.
CHAIRMAN TAYLOR: And that's going to come back to us, so
if everyone's in agreement, I would love to make a motion.
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: And, again, I don't want to silo myself
that it's only workforce housing, because it has a lot more to do with
economic development and changing -- diversifying our economy so
that we are not so dependent on tourism, but -- we welcome tourism,
but there's other things here, and I think we heard it clearly from
Arthrex this morning what they're willing to do.
December 12, 2017
Page 184
COMMISSIONER FIALA: He was very clear. I was so happy
that he was here. He really put it all in line.
CHAIRMAN TAYLOR: Yeah. So I just -- in order -- yeah,
there's a motion on the floor. I would make the motion.
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: There's a second.
Okay. Any discussion?
(No response.)
CHAIRMAN TAYLOR: Well done. All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you.
MR. GIBLIN: Thank you.
MR. OCHS: Best presentation of the day.
COMMISSIONER McDANIEL: Good job, Cormac.
Item #11I
DIRECT STAFF TO ADVERTISE, AND BRING BACK FOR A
PUBLIC HEARING, AN ORDINANCE AMENDING THE LAND
DEVELOPMENT CODE AMENDMENT RELATING TO OFF-
SITE NATIVE VEGETATION PRESERVATION, AT THE
JANUARY 23, 2018, BOARD MEETING - MOTION TO
APPROVE – APPROVED
MR. OCHS: That moves us to 11I. This is a recommendation to
December 12, 2017
Page 185
direct staff to advertise and bring back for a public hearing an
ordinance amending the Land Development Code amendment relating
to offsite native vegetation preservation, and Mr. Bosi will present this
item.
CHAIRMAN TAYLOR: Can we just -- can I ask a very salient
question here? And perhaps this will help.
What -- why are we doing this? What is the concern about this
offsite native preservation? What's the motivating issue behind
bringing this forward?
MR. BOSI: In July 7, 2015, the Board was concerned about the
monetary payments that were provided for endowments for long-term
management of our public lands, meaning that they felt that there
wasn't enough money to cover forever, so they said let's look at that
cash amount, directed staff to initiate this. It's been over
two-and-a-half years. There are three different recommendations that
are being provided for.
But it was really to right-size the endowment for long-term
management of public lands. And then they said, consider removing
the option for land donation as one of the options available for offsite
mitigations.
What we're requesting (sic) the Board of County Commissioners,
do you still want to go forward and advertise for the ordinance to bring
back that would amend the Land Development Code? We'd bring
forward the Planning Commission's recommendations, but we've also
highlighted to seek CCLAC's recommendations as well as DSAC's
recommendations, which are a little bit different from each other.
COMMISSIONER SOLIS: Can I?
CHAIRMAN TAYLOR: Absolutely.
COMMISSIONER SOLIS: I just want to -- in looking at the
executive summary and the different recommendations from different
groups and committees and things, I just -- I personally need more time
December 12, 2017
Page 186
to digest this.
COMMISSIONER McDANIEL: Right.
COMMISSIONER SOLIS: I mean, I would like to make a
motion to continue this to the January meeting sometime and just have
more time to really understand what the differences are. And I'm just
not ready to vote on it.
COMMISSIONER McDANIEL: I'll second that for discussion.
COMMISSIONER SAUNDERS: Sounds fine to me if
everybody wants to.
CHAIRMAN TAYLOR: I'm very -- I'm all right.
COMMISSIONER FIALA: Is there any reason we need to have
this voted on today?
MR. OCHS: No.
CHAIRMAN TAYLOR: So there's a motion on the floor and a
second to bring this back in January and give all of us some time to
really weigh what the implications of this are, because I am, too,
questioning, you know, okay.
COMMISSIONER McDANIEL: Madam Chair, just as point of
discussion, and this flies in our prior discussion with regard to
Conservation Collier and something you and I have talked about as
well and our concerns with the ongoing maintenance of county-owned
lands through Conservation Collier.
And I hope that we're all looking at that ordinance of
Conservation Collier and making adjustments to that so that when that
comes back before us, we've got a little more specificity in the
priorities of the maintenance aspects that traveled along with those
ownership (sic). And this is a funding source that can be utilized for
those maintenance issues, but I think we have to have a lot closer look
at trying to ascertain what those expenses are.
CHAIRMAN TAYLOR: All right. There's a motion on the floor
and a second. All those in favor, say aye.
December 12, 2017
Page 187
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Item #11J
RESOLUTION 2017-252: A RESOLUTION ACCEPTING A
PROPOSAL OF PINNACLE PUBLIC FINANCE, INC. TO
PROVIDE THE COUNTY WITH A TERM LOAN IN ORDER TO
REFUND A PORTION OF THE COUNTY’S SPECIAL
OBLIGATION REVENUE BONDS, SERIES 2010 FOR NET
PRESENT VALUE INTEREST SAVINGS; APPROVING THE
FORM OF A LOAN AGREEMENT; AUTHORIZING THE
ISSUANCE OF A SPECIAL OBLIGATION REFUNDING
REVENUE NOTE, SERIES 2017 IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $45,000,000;
AUTHORIZING THE REPAYMENT OF SUCH NOTE FROM A
COVENANT TO BUDGET AND APPROPRIATE LEGALLY
AVAILABLE NON AD VALOREM REVENUES; DELEGATING
CERTAIN AUTHORITY TO THE BOARD CHAIRMAN AND
OTHER APPROPRIATE OFFICERS OF THE COUNTY FOR THE
EXECUTION AND DELIVERY OF THE LOAN AGREEMENT;
AND AUTHORIZE ALL NECESSARY BUDGET
AMENDMENTS – ADOPTED
MR. OCHS: Commissioners, that takes us to Item 11J. This is a
December 12, 2017
Page 188
recommendation to adopt a resolution authorizing an advanced
refunding of Series 2010 special obligation revenue bonds, and Mr.
Isackson will take you through the particulars.
MR. ISACKSON: Commissioners, good afternoon. Mark
Isackson with the Office of Management and Budget.
This may be your last opportunity to restructure your debt
portfolio since both the tax proposals are before the House and the
Senate that will eliminate the advanced refunding on tax-exempt
issues.
So our finance team took a quick look at the portfolio about 60
days ago and decided that we've got one more opportunity. That
opportunity is before you. It essentially re-funds about $45 million in
outstanding 2010 series special obligation revenue bonds for a net
present value savings of around $2.7 million.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER SOLIS: Second.
COMMISSIONER McDANIEL: Third.
CHAIRMAN TAYLOR: There's a motion on the floor and a
second.
COMMISSIONER FIALA: And a third.
CHAIRMAN TAYLOR: Any discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
MR. ISACKSON: Thank you, Commissioners.
December 12, 2017
Page 189
Item #11M
PAYMENT IN THE AMOUNT OF $344,862 TO ASHBRITT
ENVIRONMENTAL FOR FOOD SERVICES PROCURED AS A
RESULT OF HURRICANE IRMA - MOTION TO APPROVE
PAYMENT WITH CLERK TO CONTINUE AUDITING –
APPROVED
MR. OCHS: Item 11M was added -- excuse me -- was moved
from the consent agenda to the regular agenda during the change-sheet
discussion this morning at the request of Commissioner McDaniel.
That was previously Item 16C5 on your consent agenda, and it's a
recommendation to approve payment in the amount of $344,862 to
AshBritt Environmental for food services procured as a result of
Hurricane Irma.
MR. LINGUIDI: Good afternoon, Commissioners. Dennis
Linguidi, your Facilities Management director. I'm here -- I have a
presentation or I can answer any questions about the food services.
CHAIRMAN TAYLOR: Commissioner McDaniel, do you have
any questions?
COMMISSIONER McDANIEL: I do have questions, but do you
want to see the presentation or no?
My main question was just the -- my perception of the expenses
associated with AshBritt and the comparison of their charges in
relationship to local vendors that we utilize for similar services.
MR. LINGUIDI: Sure. The services were quite different. Local
vendors provided a more buffet-style service, and that was only at the
ESC. AshBritt provided boxed meals including snacks and drinks for
our drive-through service at Building W.
COMMISSIONER SAUNDERS: Commissioner McDaniel,
December 12, 2017
Page 190
you're finished?
COMMISSIONER McDANIEL: Yes.
COMMISSIONER SAUNDERS: I wanted to make sure that the
Clerk was okay with this, and I understand -- I'm assuming that this is
reimbursable from FEMA. We're going to pay our --
MR. LINGUIDI: It is.
COMMISSIONER SAUNDERS: -- it's going to be 5 percent or
10 percent, but whatever that number turns out to be.
But I understand the Clerk had some issues, and I wanted to make
sure that those were addressed and if there needs to be a finding of
public purpose and that sort of thing, that we --
MS. KINZEL: Thank you, Commissioner Saunders. Actually,
we are still working. The good news is we're working very closely
with all the departments at the county to try to resolve this.
We have not completed review and audit nor have we resolved all
the concerns that we've had with the delivery of the services. We're
trying to reconcile the locations.
We just received yesterday an analysis from your internal controls
group. That might help us further identify the meals and the wages.
As was mentioned, AshBritt charged about three times what any
of the other vendors did. That's obviously a concern. It was also
outside of their contracted amount, understanding the circumstances of
the emergency: Nature; however, it should be expected that it would
be somewhat consistent with the other providers that you did have
locally. So we still have concerns that we're trying to resolve.
COMMISSIONER SAUNDERS: Let me just ask one question
of our staff then. We know approximately how many people were in
the field with AshBritt. We know how long they were there. Do these
numbers seem to be reasonable in terms of the number of people and
the duration of, you know --
MR. RODRIGUEZ: For the record, your Deputy D epartment of
December 12, 2017
Page 191
Public Utilities, Dan Rodriguez.
In the context of the emergency, as you well know, we were in a
state of emergency. The three vendors provided food, but they met
their limit. They couldn't provide any more food. We had great
demand for food in the field. We served over 41 different agencies
from EMS, Public Utilities, Parks and Recreation; we even took food
down to Everglades City that was hit by the surge.
The services we received from AshBritt were turnkey. Those
were three meals a day. They included beverage, snacks, and they
were guaranteed delivery. In the context of not having power in 92
percent of the county, most restaurants were closed, and we didn't have
alternatives in those first 72 hours, so we made the decision to use that.
Even AshBritt, within their contract, couldn't provide the kitchen that's
in the contract, as well as the other vendors, because a lot of those were
deployed to Texas. And the 67 counties in the state of Florida were
pulling those resources as well.
So our priorities were to get the generators going, to get the
pumper trucks moving, to get gasoline, diesel. And as far as the food,
we needed guaranteed service for those employees and workers from
within the state, out of the state that were working 20-18 hour, 16 hour
days for over a two-week period.
COMMISSIONER SAUNDERS: No. We all know what the
need was. My question is just looking at the raw numbers.
MR. RODRIGUEZ: Sure.
COMMISSIONER SAUNDERS: Knowing what you know
about what they provided, does this seem like a reasonable number?
I'm not suggesting that there's no audit to be done. I'm just -- you had
mentioned that it's substantially higher than others.
MS. KINZEL: And I can pass out --
COMMISSIONER SAUNDERS: And that's the question is, does
it appear to be a reasonable number? Obviously, the Clerk's going to
December 12, 2017
Page 192
continue the audit on it, but I'm just curious.
COMMISSIONER McDANIEL: Do you want to put it on the
overhead, Commissioner Saunders? That was the beginning of why I
asked the question.
COMMISSIONER SOLIS: Were there other vendors available?
I thought there weren't any other vendors available locally.
MR. RODRIGUEZ: We didn't. And, our staff, we called around
for other vendors to provide that service, and they weren't available.
And, again, the food came from the East Coast of Florida where they
had power, they had water. And as part of that transportation service,
there were hot meals that they could provide and guarantee within 24
hours.
MR. CASALANGUIDA: Sir, and one point of clarification,
these are pass-through costs. The vendor that provided this thing was
from the airport in Fort Lauderdale. We received invoices. So those
invoices came in. AshBritt asked for a 22.8 percent markup. We came
back and said, in an emergency it's only 15 percent, as it's in your
executive summary. But ordered, received and -- the backup received
were the actual invoices from the vendor.
COMMISSIONER SAUNDERS: Okay. So the numbers that
they have submitted, at least on their face, appear to be reasonable?
MR. RODRIGUEZ: Absolutely.
COMMISSIONER SAUNDERS: Okay. That's all I was asking.
MR. RODRIGUEZ: Yes. Thank you.
COMMISSIONER McDANIEL: And, Commissioner Saunders,
if I might, the eyebrow raise that I got was the $37-plus a meal charged
by AshBritt when other local vendors were in the 10, $12 range per
meal.
MS. KINZEL: And -- oh, I'm sorry.
COMMISSIONER McDANIEL: No. That was the reason that I
-- and, again, by no means are we -- am I taking away from the service
December 12, 2017
Page 193
or the state of emergency or the necessity that we were covering for
our first responders. It's just -- it was a question.
COMMISSIONER SAUNDERS: There's a cost per person of
37.48. I'm not sure if that's what you're talking about.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER SAUNDERS: But that doesn't say cost per
meal. Now, I don't know if that's what it was. And that may not be
what you're talking about.
COMMISSIONER McDANIEL: I believe that's a per meal.
MS. KINZEL: That's per-meal average in that column at the
heading.
COMMISSIONER SAUNDERS: Well, I'm looking at when it
says cost per person. So that's the only place where I saw the 37.
That's the only reason I was looking at that column.
COMMISSIONER SOLIS: But were there local vendors?
MR. RODRIGUEZ: No, Commissioner.
COMMISSIONER SOLIS: Okay. Okay.
CHAIRMAN TAYLOR: They started -- they started within 72
hours after the hurricane; is that correct? Three days. Is that correct?
Three days? Is that three days?
MR. RODRIGUEZ: Four.
MS. KINZEL: They actually began, I believe, on the 13th, right
after.
MR. RODRIGUEZ: They worked about six to seven days.
CHAIRMAN TAYLOR: Okay. So right then there was one
Publix. I know; I drove it. And they ran out of food. I know what was
going on that Tuesday. There was no gas station, no power.
COMMISSIONER SAUNDERS: I don't see on this chart -- and
it doesn't mean it's not here. I don't see the cost per meal of $37. I do
see a cost per person of $37.
MS. KINZEL: That was per meal per person, right, Robin? That
December 12, 2017
Page 194
is the per meal, per person average.
COMMISSIONER SAUNDERS: Okay.
MS. KINZEL: Each meal might have been a different value
depending on the breakfast, lunch, or dinner, but that's an average per
meal per person.
COMMISSIONER SAUNDERS: Per meal. It's not the three
meals?
MS. KINZEL: Each meal might have been a little bit different,
but if you took the total they did divided by over 19,000 meals they
prepared, that's the average price. And that is three times any of the
other providers. The other providers were also available during some
of those days delivering as many as 600 meals during those same
weeks. And that's what we're trying to reconcile, who actually got the
food, where.
COMMISSIONER SAUNDERS: They delivered 19,000 meals.
And what was the total price for the total of the --
MS. KINZEL: Oh, over $700,000. You'll find that in the last
column, I believe, or next to the last column on that sheet.
COMMISSIONER SAUNDERS: If we divide 19,000 into
700,000, that will give you cost per meal?
MS. KINZEL: Correct.
COMMISSIONER SAUNDERS: I can't do the math that fast.
MS. KINZEL: Well, that's why we did -- that column is there for
you. Actually, we did not prepare this. It was prepared by the internal
controls with the county. We're just using -- we are using it as one of
our reconciling tools, and that's our concern with the AshBritt charge.
COMMISSIONER McDANIEL: The math's pretty close. I just
did it. It's 36.
MR. CASALANGUIDA: Thirty-six.
COMMISSIONER SAUNDERS: That is a pretty high number.
COMMISSIONER FIALA: Of course, when you're ordering
December 12, 2017
Page 195
your meals, you don't realize what it's going to be costing either.
You're in an emergency mode, and you're ordering from another area
because you can't get anything from here.
CHAIRMAN TAYLOR: Right, right.
COMMISSIONER FIALA: So it's kind of like --
CHAIRMAN TAYLOR: Being transported -- it was transported
from the East Coast; is that correct?
MR. RODRIGUEZ: That's correct.
MR. CASALANGUIDA: Yeah. Commissioners, it came from
the East Coast. The local vendors were the ones that were maxing out
what they had here.
CHAIRMAN TAYLOR: And there were hot meals?
MR. RODRIGUEZ: Correct. That's correct.
COMMISSIONER SAUNDERS: Thirty-seven dollars?
CHAIRMAN TAYLOR: So it's --
COMMISSIONER SAUNDERS: No wonder those removal
people were working so efficiently officially. They were well fed,
that's for sure.
CHAIRMAN TAYLOR: But it was our first responders; is that
correct?
MR. OCHS: Yes, ma'am. It was everybody who was working
the event.
MS. KINZEL: And that's what we're attempting to just reconcile
and identify, who did receive the meals.
COMMISSIONER SOLIS: I mean, it would seem reasonable
that we're going to have to -- given the situation, if we couldn't find
any other meals and we had to feed people, that we're going to have to
pay something extra to get it here from Fort Lauderdale. I mean, it just
--
COMMISSIONER McDANIEL: That's a reasonable thought.
COMMISSIONER SOLIS: Yeah.
December 12, 2017
Page 196
CHAIRMAN TAYLOR: Plus, just the idea of traveling across
the -- especially right after the storm, the dangers of traveling across
the Alley.
COMMISSIONER FIALA: And Dan can't be sitting there on the
telephone getting prices from all the different vendors to see who can
give him the lowest price when he's also got to take care of all the
storm debris and all of the people working and lining up all the trucks
and everything. This is after the fact. And I -- and, you know, I
understand where the Clerk's coming from.
MS. KINZEL: You have a contracted price is our difficulty in
trying to reconcile to the contracted versus this off-contract price that
was accepted and reconciling it to where the meals went and how
many meals per day fed who, and that's why we -- we are still in the
process of working with that.
And as I said, staff's been really great. This is from the internal
controls division. We've gotten numerous things from Dennis and
Dan's area, so we are still working on that, but that remains our
concern with the value.
COMMISSIONER SOLIS: Well -- and understanding that the
Clerk is going to continue to do its auditing, I'll move to approve the
item.
CHAIRMAN TAYLOR: I'll second.
COMMISSIONER FIALA: I don't think we really can do much
of anything else.
COMMISSIONER McDANIEL: No, I don't think we can either.
But it certainly was, in my opinion, a reason for us to have a little
discussion. That was all.
CHAIRMAN TAYLOR: We're not -- the motion doesn't ask the
Clerk to stop auditing.
COMMISSIONER SOLIS: No.
COMMISSIONER McDANIEL: Oh, no.
December 12, 2017
Page 197
MS. KINZEL: We'll continue.
CHAIRMAN TAYLOR: Just let's get these folks paid, and then
they can decide.
COMMISSIONER McDANIEL: Thank you.
CHAIRMAN TAYLOR: Okay. Motion on the floor and a
second. All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you.
Item #9B
ORDINANCE 2017-53: AN ORDINANCE RE-ESTABLISHING
THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE
– ADOPTED W/CHANGES
MR. OCHS: Madam Chair, that brings us back to Item 9B,
which was the recommendation to adopt an ordinance re-establishing
the county government productivity committee.
COMMISSIONER FIALA: We've never had a storm that was
400 miles wide before, have we, where nothing works in this state?
COMMISSIONER McDANIEL: It was crazy.
CHAIRMAN TAYLOR: And just another note, an annual event
for years and years and years was canceled because they couldn't get
the restaurants up, and that's Taste of Collier. It was canceled; moved
to May to allow the restaurants to get up to what they should be doing.
December 12, 2017
Page 198
COMMISSIONER FIALA: No kidding?
COMMISSIONER SOLIS: The Hispanic Foundation had to
cancel their event. It was Saturday.
CHAIRMAN TAYLOR: This Saturday?
COMMISSIONER SOLIS: No. It was the Saturday of the storm.
And now trying to find another venue is virtually impossible, because
everybody that had their events in, you know, the two months after that
are in the same boat. So it's had a big impact on even the charitable
organizations.
CHAIRMAN TAYLOR: I know a lot at the corner of Goodlette
and U.S. 41. Teasing. That's where we had the Naples is Rocking.
COMMISSIONER SOLIS: Oh, right.
CHAIRMAN TAYLOR: Okay. So I asked -- and I will let
Commissioner Solis maybe start this. But I think we found at our last
meeting we're in agreement on this.
COMMISSIONER SOLIS: Well, thank you, Madam Chairman.
I wanted to have a better discussion, and I took the liberty of
preparing some revisions that I think, hopefully, everybody got. We
were having a bit of an emailing snafu yesterday.
But as I said it the first time, or at the last meeting where we
discussed this, I think having a productivity committee is good. We
should have the citizens of Collier County and residents of Collier
County involved in reviewing how the county does business.
I am very concerned, though, that just reinstating what we had
with the revisions that were suggested was going to put us back in the
situation we were before where the productivity committee ended up,
in some respect, kind of dying of its own lack of direction and inertia.
I went back and looked at -- well, let me back up.
So my biggest concern was that the way the ordinance was
originally written, it says that the productivity committee would be
established to review the efficiency of departments and divisions of
December 12, 2017
Page 199
Collier County Government, that it would review -- let me see. That it
would review the efficiency of divisions and departments, it could look
at budgeting and financing, and I thought that the task was so large and
so, to some extent, ambiguous as to what it would be doing that it
would be like, you know, forming a committee and saying go solve
world hunger. That was really my concern. And because I think a lot
of committees that were terminated or whatever we want to call it,
done away with, that was some of their problems.
I think the other part of this is is that there are already certain
committees that are tasked with reviewing the efficiency of certain
departments, like the DSAC. I looked at the ordinance establishing the
DSAC, and it specifically directs the DSAC to review the efficiency of
the Community Developmental Department.
So the Public Transit Advisory Committee does the same thing
with regard to public transit, and the Animal Services Advisory Board,
the Emergency Medical Authority. So those functions are already out
there, and I'm just suggesting that we give -- we make the Productivity
Committee better than it was by saying -- what the productivity
committee should do is go look at certain divisions and departments
that are direct -- that they're directed to look at by the Commission.
COMMISSIONER McDANIEL: Right.
COMMISSIONER SOLIS: And that's all I'm trying to do. I
really want it to be better, because I think in the past one of the
problems is is that the committee would just kind of figure out what it
wanted to do, you know, and it would just kind of go in a direction,
and it might not be -- we might want them to focus their attention on
something other than what they're doing. And I think they're here to
advise us. We need to give them direction.
So my revisions that I've provided a redline to is just to clarify
what it's going to be doing. I've taken the liberty of some, you know,
stylistic things.
December 12, 2017
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COMMISSIONER McDANIEL: They're very good revisions.
COMMISSIONER SOLIS: You know -- and just if anybody's
wondering, I took out -- you know, there was a provision that was
originally in there that the Clerk of Court could provide the committee
with technical support, and I don't know that we can tell the Clerk of
Court to do anything, you know. And so -- and I think, for example,
one of the things that appeared in the original language was the
financial auditing, that the productivity committee could get into the
auditing process. I think we have -- yeah, we've got that covered.
So, you know, I don't know if you want to go through these
changes, but I really just am trying to give it some focus of what it's
going to do specifically to productivity, efficiency, and organizational
structure and that it will be looking at the departments and divisions
that the commission requests it to look at. That's all I'm trying to do.
CHAIRMAN TAYLOR: So instead of having a product (sic)
committee that would meet every month, it's a product (sic) committee
on call when there's a need as decided by this body?
COMMISSIONER SOLIS: Yeah. I think that's right. And I'm
pretty certain that it will be meeting every month because, I mean,
there's a need. We all -- I mean, I think the city -- the city. The
County Manager's Office would agree that it's always good to try to be
as efficient as we can, so...
CHAIRMAN TAYLOR: Well, I was thinking about this sales
tax referendum and the oversight committee. It's a perfect opportunity
for the productivity committee, you know, at some point.
COMMISSIONER SOLIS: See -- yeah, this is what I think --
this is --
COMMISSIONER McDANIEL: The prices of eggs in a -- no.
COMMISSIONER SOLIS: That's not a productivity question.
That's a financing question --
COMMISSIONER McDANIEL: And a priority issue.
December 12, 2017
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COMMISSIONER SOLIS: -- in my mind.
CHAIRMAN TAYLOR: Well, you're watching to make sure the
staff is spending the money where you want it to be spent.
COMMISSIONER FIALA: But, see, it's productivity, not
financial. Remember I had said, when we first talked about it, what we
should be doing -- you know, you want to see a whole organization or
a group functioning like -- you know, like, a humming wheel, right,
just goes along fine. And maybe they're finding either -- maybe the
County Manager notices that something isn't working right, and he'd
like to say, you know what, we need to have that committee
functioning a little bit better so the productivity could come in.
I don't think they should go in there telling them how to run their
budget. I don't think that that's their purpose. I don't think it's there to
check them. We're got a Clerk of Courts to check all their financial
things.
COMMISSIONER SOLIS: Right.
CHAIRMAN TAYLOR: I agree.
COMMISSIONER FIALA: But to make sure that it's working at
its best efficiency.
And whether it -- I don't care which department. Transportation,
and maybe the lights aren't functioning or something and maybe that's
because one guy's pushing the button here, and here in the other room
he's got another button he's pushing, and the productivity committee
could come in and say, you could work better if you're all working in
harmony, or something like that, you know.
I think that's the purpose of it. That's what we had started out
before. It changes -- it changed its direction as it grew, and all of
sudden it became a budget committee rather than a productivity
committee.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER FIALA: But I think what you're saying,
December 12, 2017
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Commissioner Solis, is let's get it back to productive.
COMMISSIONER SOLIS: Right, to productivity. How is a
department -- you know, is it functioning internally as efficiently as it
can, I mean, as opposed to how is it budgeting its funds and, you
know, is it following through on what it's supposed to spend the money
on. I mean, I guess there's some overlap.
COMMISSIONER FIALA: Have you ever noticed that
sometimes you're working at this pace and whatever and somebody
drops in that you don't -- you know, doesn't even know what in the
heck you're doing, and they say, well, why did you do that? If do you
here -- and all of sudden it unravels all this thing that you've been
taking all this extra time to do, but somebody with fresh eyes can take
a look at it and unravel it quickly.
COMMISSIONER SOLIS: And as far as the direction, I mean,
we're usually the ones that get complaints about if there's a department
that, you know, people are having problems with, we get that
information, and then we can, you know, periodically direct it -- if
there's something that's a recurring theme that we want them to look
into, then we can do that.
I also thought that -- and I know -- and I think it was
Commissioner McDaniel that was going to take out the review
provision. I'd really like to see that back in there, because I think
periodically we should assess how all of our committees are doing
periodically just to make sure that they're functioning in a healthy way.
You know, looking back at some of the things we discussed
recently in the MPO just led me to believe, you know, as a board, we
should probably look at these things periodically, and hopefully they're
fine, and then we can say, well, they're great. Let's continue.
COMMISSIONER FIALA: I agree.
COMMISSIONER McDANIEL: I read your review. I
appreciate you taking time to look at this. You know, I brought this
December 12, 2017
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forward several months ago, and I'm really glad that we're -- seems
like we're going to be moving this forward. I did have a couple of
questions on your revisions.
COMMISSIONER SOLIS: Sure.
COMMISSIONER McDANIEL: And I just wanted you to know
my understanding and perception. I don't have the history that you do,
Commissioner Fiala, with this --
COMMISSIONER FIALA: That's because I'm older than you.
COMMISSIONER McDANIEL: Yes, ma'am, with all due
respect.
To me, from a productivity standpoint, oftentimes begins with
financing, it oftentimes begins with budgeting, and that's why I left the
paragraph in there with regard to the review of those operations, not
necessarily a formal audit, but a review of the budgeting processes of
any particular department. I left that in there, but you cover it in
advance when you talk about operations and the other amendments --
bless you. Was that a sneeze or a cough?
COMMISSIONER FIALA: That was a cough. Thank you.
COMMISSIONER McDANIEL: Oh.
But you cover it adequately. So just for a reference point, I'd left
that original -- the line-through that you put in there with regard to the
review of the finances. I left that -- that's a -- we still get to the same
end.
And I really like the -- and, you know, for Mr. Lawyer purposes,
it says the committee may ask the Clerk for audit procedures. Doesn't
have to, but it may, and that's the reason I left it in there, just to allow
that opportunity to be there. But, again, it doesn't preclude them from
doing it either by striking through that.
And those were the two points that -- or questions that I had or
wanted to make note of with regard to your adjustments. But with that,
I'll make a motion for approval of this ordinance with Commissioner
December 12, 2017
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Solis's adjustments.
COMMISSIONER FIALA: I'll second that. Does that meet --
CHAIRMAN TAYLOR: Yes --
COMMISSIONER FIALA: -- what you were --
CHAIRMAN TAYLOR: -- I'm a lot more comfortable.
Okay. Any discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: We accept your revision and --
COMMISSIONER SOLIS: Thank you. I wrote something that
somebody might actually use.
CHAIRMAN TAYLOR: Okay.
MR. OCHS: Commissioners, that takes us, I believe, to Item 15,
staff and commission general communications.
CHAIRMAN TAYLOR: No. We have one more.
MR. OCHS: What are we missing? What did I miss?
CHAIRMAN TAYLOR: 11N. Did we do 11N?
MR. OCHS: Yeah, we did that, ma'am.
CHAIRMAN TAYLOR: We did?
COMMISSIONER FIALA: Draft office center?
MR. OCHS: No, no, no.
COMMISSIONER SAUNDERS: We called it something else. I
mean, we called it 11N, but it was a different item, you're right.
COMMISSIONER McDANIEL: It was 16A1 with regard to the
December 12, 2017
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cameras, and we did cover that, if that is 11N, if she's believing we
didn't cover that.
COMMISSIONER SAUNDERS: Well, there was another 11N
on the agenda that doesn't deal with cameras.
COMMISSIONER FIALA: 16D4?
COMMISSIONER SAUNDERS: Yeah, 16D4.
CHAIRMAN TAYLOR: But I remember the discussion where
you said that they couldn't house themselves. Yes, we did discuss it.
Yes, we did.
MR. OCHS: Yes. You didn't move that off.
CHAIRMAN TAYLOR: Yes, we did.
COMMISSIONER SAUNDERS: Okay.
MR. OCHS: That got approved on consent. Commissioner
McDaniel had a --
COMMISSIONER McDANIEL: I had a question on it, but then
--
CHAIRMAN TAYLOR: A question, then it got -- so it wasn't
moved. Okay.
MR. OCHS: Right.
CHAIRMAN TAYLOR: Perfect.
MR. OCHS: Okay. So we're onto --
COMMISSIONER FIALA: And I believe I had ask -- I said I
talked to Leo about that, and he explained that everybody was
scattered all the way around the county.
CHAIRMAN TAYLOR: Yeah, that's right.
COMMISSIONER FIALA: And then I think even Nick chimed
in on that, and so we just --
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER McDANIEL: We approved it on the consent
side.
MR. OCHS: Correct.
December 12, 2017
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Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: So we're onto 15. I think we're all in agreement on
that. Okay. I have three quick items of situational awareness, if
nothing else, for the Board. I've asked a couple of the staff members to
come forward and give a quick briefing to the Board.
The first item that I want you to be aware of is a draft bill
regarding some changes in the MPO process, and I'm going to ask
John Mullins, our legislative affairs manager, to come up and give you
just a real quick synopsis of the bill and get any direction for our
lobbying company, if you'd like.
John?
MR. MULLINS: Thank you, Leo.
John Mullins, government affairs manager.
I think you may have already discussed this at your recent MPO
meeting, so I won't belabor the point. But, basically, in a nutshell,
there are several MPO reorganization/restructuring type bills moving
through the legislative process. One has already made it through the
first House committee last week with unanimous support, and it may
be difficult to negotiate.
FAC is engaged, as is our lobbyist, Lisa Hurly, but the true author
of the initiative is Senator Jeff Brandes from St. Petersburg. He's not
pleased with his local MPO and blames their internal politics for
transportation initiatives not advancing. Members of both parties of
the St. Pete area delegation have similar bills filed, so it is bipartisan.
Applying provisions of the bill to the Collier MPO, it would
continue to mandate one-third of the County Commission serve on the
governing board but would add language to prohibit the entirety of the
December 12, 2017
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Board from serving. As you know, the entire BC (sic) sits on the MPO
along with two members from Naples, one from Marco, one from
Everglades City.
The bill also prohibits adoption of a weighted voting structure and
establishes term limits equaling two four-year terms. If the bill passes
in its current form, you'll have till July 1st, 2019, to update your
membership, interlocal agreements, and governing documents to
comply with the new law.
This information's being presented to you for your input and
direction.
COMMISSIONER SOLIS: So, two -- say that again. The term
limits are what?
MR. MILLER: Two four-year-term limits or two four-year
terms, I should say.
COMMISSIONER FIALA: Now, being that you have two years,
you still have two four-year terms if you wanted it.
COMMISSIONER SOLIS: Right. But, I mean, so let's assume
that all of us that are on the MPO are therefore -- we term limit out,
who's going to be on the MPO? We would have to appoint other than
--
COMMISSIONER McDANIEL: The way I understand it, it's
going to limit us to three that have term limit -- three of us. It won't be
all of us ever, and it will be three of us, and then those three appointed
or elected by us will have a term limit, and then upon those terms three
more come on and/or in a rotating cycle.
I mean, technically, it's not the end of the world. I don't care for it
personally. You know, when I read it, Ann gave us -- I think she sent
-- I don't want to say she sent us all a draft. I know she sent me one.
And when I read it, I don't see it being the end of the world, but I also
see where it could maybe level the playing field a little bit with
different municipalities that participate in an MPO and not being
December 12, 2017
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weighted by an entire board.
MR. MULLINS: Some of the larger MPOs that have members
on the committee spoke during their deliberations about having
problems establishing a regular quorum. So some of the larger MPOs,
I think, kind of liked this for that reason. The one bit of wiggle room
that might be in this bill that could be negotiated potentially is since
different-size MPOs are treated differently, if we could have it apply to
all members of the BCC on the 500,000 or less populous areas can
have the entirety of their board on the MPO, we could float that. I
don't know -- since this is St. Pete we're talking about, I think their
problems are a little different. So that may be some wiggle room, but
that's something that we'll have to explore through our lobbyist and
through FAC.
MR. OCHS: This was, again, just for situational awareness and
if, in fact, the Board felt strongly about taking a position and wanted us
to try to advance something different than what's contained in this bill,
we just wanted to give you an opportunity to discuss that among
yourselves.
COMMISSIONER FIALA: Now, they're not talking about
consolidating the MPOs, right --
CHAIRMAN TAYLOR: Oh, that's the next one.
COMMISSIONER FIALA: -- in the different counties?
MR. MULLINS: No, no.
COMMISSIONER FIALA: Because we had that -- you know,
that comes up about every two, three years, and --
MR. MULLINS: A portion of that appointment, everything that's
in current law still stands the way that it is. It's just setting a cap on the
number. And right now, for the size of MPO that we have here, the
cap would be 11, and yours is currently at nine, so you don't even fall
victim to that provision.
And to clarify on Commissioner McDaniel's point, one-third is
December 12, 2017
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mandated to be on the MPO. You can't be there in your entirety so,
technically, I think you could probably still have four out of five.
COMMISSIONER FIALA: So we had a problem with when we
were trying -- when they were trying to unite Lee and Collier Counties.
Lee has so many cities in Lee County; they had about 20 members on
their MPO, and so we would have a joint meeting. We have our usual
members on ours, and when it came to dollars coming from the State,
10 million bucks, they voted that we don't get any of it. They would
take it all. And there was nothing we could do about it. So, you know,
when it comes -- if that comes before you again, we want to make sure
that somehow we have a fair vote. I just wanted to give you a little
brief history.
MR. MULLINS: Thank you.
MR. OCHS: Thank you, John.
So we won't take any proactive measures to try to influence this at
this point unless we get further direction from you.
Thanks, John.
The next --
COMMISSIONER McDANIEL: Just one point, Leo, and this
just is something that I'd like to say out loud. If we're going to take a
position at all, it's -- I am not in favor of legislative initiatives that are
set upon the entire state to cure a singular circumstance in a geographic
area with the dysfunctionality of an organization. That's oftentimes
what occurs. We saw that with the CRA adventure here last year, or
this past legislative session.
So from a position -- if we could assume that position as far as
doing the right thing for it being the right thing, not just to cure a
problem.
MR. OCHS: Got it. Thank you, sir.
This next item I've asked Tim Durham to come forward and
briefly give you an update on the Regional Planning Council, and the
December 12, 2017
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Board will recall we had some discussions a few months ago about
some of the other members of the RPC opting out, and there was a
discussion about whether they had the legal right to do that, and there's
since been an Attorney General's opinion come out of Tallahassee that
Tim will brief you on.
MR. DURHAM: Hi, Commissioners. Ho ho ho.
Since we last met, there was a -- the AGO came out regarding
Regional Planning Council. As you know, the Southwest Florida
Regional Planning Council filed an AGO question, and the question
was, must the county participate in its statutorily designated Regional
Planning Council despite an interlocal agreement provision pertaining
to procedures for terminating membership?
And the key part of the opinion essentially says the legislature has
created regional planning councils with mandatory county membership
and has designated the particular council to which each county must
belong. There is nothing in the Florida Regional Planning Council
Act, Sections 186.105 to 186.513, Florida Statutes, that allows a
county to decline to participate in its council.
Moreover, one of the statutory powers and duties of a Regional
Planning Council enumerated in Section 186.505(12) Florida Statutes,
is to quote, fix and collect membership dues, rents, or fees when
appropriate; thus a member county would be subject to any dues
imposed by the Regional Planning Council under this provision.
And then it ends with, it is my opinion that the counties of
Sarasota, Lee, and Charlotte are mandatory members of the Southwest
Florida Regional Planning Council and may not refuse their statutory
obligation to participate.
One of the things I've kind of been watching is how the three
counties, those three counties, are reacting. The only one to react in
any way at this point is Sarasota County. They had a December 8th
board workshop where they assigned their commissioners to their
December 12, 2017
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duties for the upcoming year.
So on the very last page of this -- this is in their agenda packet for
that meeting -- regarding the Regional Planning Council, you'll see a
note in here. It's that top entry. South Florida Regional Planning
Council, Council shall include two representatives appointed by
respective boards of the County Commission, and then this is the new
note: Board declared its withdraw from the Council by resolution
effective January 18, 2018; however, an Attorney General Opinion
dated November 30th, 2017, indicates we may not withdraw per
Florida Section 186.504.
And I know -- I've shown this to Jeff, and I know he thinks this
issue probably isn't done and -- but this is what the Attorney General
Opinion has rendered on this particular matter.
MR. OCHS: So, again, that was some followup to some prior
questions on this subject from the Board, and we just wanted you to
know what is current information from the Attorney General's Office.
Jeff, I don't know if you have anything to add on that.
MR. KLATZKOW: No. I mean, it would be interesting to speak
with Sarasota and Lee and Charlotte County to see what they want to
do. Just because people tell you that you can't withdraw doesn't mean
you have to participate.
MR. OCHS: I understand.
MR. KLATZKOW: At the end of the day, if the Council fixes
the fees, the Council could vote no fees.
MR. OCHS: So, again, informational. And I know the Board
was deferring a decision on whether or not to potentially opt out
pending some further information either from the state attorney's -- or
excuse me, the Attorney General's Office or some legislative initiative
in the upcoming legislative session. So I think it's probably prudent
that the Board didn't pull the trigger on anything just yet until we see
how this shakes out.
December 12, 2017
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CHAIRMAN TAYLOR: Yeah. The legislative session will
probably settle a lot of this.
COMMISSIONER FIALA: Do you still go to the Regional
Planning Council?
COMMISSIONER McDANIEL: Yes, ma'am, yes, ma'am;
haven't missed one yet. And one of the -- well, I think I did miss --
with the hurricane, I think that's the only one I missed.
COMMISSIONER FIALA: Oh, that's good.
COMMISSIONER McDANIEL: So I would like to say, you
know, it is a good thing that we didn't necessarily opt out pending this
AG's opinion, and having served on that committee for an entire year,
the issue of relevancy is the impetus behind all of this. And the fees
associated with the relevancy of that organization are what's driving
these other communities to necessarily pull away.
Now, Sarasota may have a political reason for wanting to join
with Tampa and St. Pete because of a larger metropolitan area. But,
overall, it's relevancy. And if I continue to serve on this committee, I
promise we will strive for greater relevancy.
I've seen an improvement already just from a couple of
suggestions that I've made to our executive director. There is an
interactive map now of the entire Southwest Florida Regional Planning
Council's area with a FLUE map, with Long Range Transportation
maps, and it is an interactive model -- or map online that you can go to,
and it shows you all kinds of things that never was available before,
and they're working on it. So that's very interesting information.
MR. OCHS: Commissioners, the last item has to do with some
preliminary initiatives occurring with regard to the potential for a
boundary expansion of the Big Cypress Basin northward, and I've
asked Nick to just give you a quick briefing on what we've learned to
date.
COMMISSIONER SAUNDERS: And while Nick is getting set
December 12, 2017
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up there, this is an issue that has gained a lot of support in Lee County.
Commissioner Pendergrass has written a letter to the Water
Management District concerning the boundary of the Big Cypress
Basin.
The different cities in Lee County, Estero, and Bonita are taking a
look at it. And it's an issue that would not have, as far as we can tell,
any negative effect on Collier County, in the Big Cypress Basin in
Collier, but it would be an extension of the boundary, the natural
boundary of that basin into where the basin actually exists in Lee
County and would result in funding being available for projects in Lee
County using tax dollars raised in Lee County. Collier County's tax
dollars would continue to stay in Collier County. So it's a very
important project.
MR. CASALANGUIDA: Sir, this is running low on battery, so
I'll try and make this brief.
On the visualizer what you see in green and the yellow is the
Florida Water Management District boundaries to give you a little
context to begin with.
Water flows from the north to the south to Lake O, from Lake O
to the Caloosahatchee, and then down the east coast.
Quite a while back, Mary Ellen Hawkins recognized that this
watershed, Collier County -- at the time she tried to make it a little bit
bigger of a boundary -- was separate and distinct, because the water
from Lake O does not flow through. Our watershed boundary is in this
area.
The Estero and Imperial River are these two little arrows that are
here. And, really, the watershed boundaries in this area know no
political boundaries. We share a little bit of the water flow between
our political boundaries in this area.
The yellow boundary is the Big Cypress Basin, which is part of
the greater South Florida Water Management District. In the yellow
December 12, 2017
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boundary, we pay two taxes: A basin tax and a district tax. The basin
tax primarily stays here with some funding going back for
management and oversight. The district tax funds predominantly the
greater portion of the green.
What Lee County's realizing as well, too, is that it's efficient to
have someone like the Basin manage the system similar to what we do
in Collier County, which is -- in the canals are owned by us and by
contract managed by the Basin and the District.
What they would like to do is say, aside from the political
boundaries that we have, we want to look at these watershed
boundaries where we stay out of the Lake O/Caloosahatchee flow and
flow to the east.
Would it make sense to incorporate Southern Lee into the Big
Cypress Basin, therefore, setting up the same millage and tax structure
that we enjoy here. For our perspective, it probably makes a little bit
of sense because we share these common water boundaries. The
concern, or something we want to be aware, is the governance, how it's
set up.
I think going forward, the Chairman has sent a letter to the
District that said, explore this. I think, you know, you're going to be
made aware of this because the District's going to ask us, how do you
feel about this. And I think from a staff perspective, as long as the
governance is set up properly to protect your interest and funding that
comes out of here, I think it makes a lot sense for the Basin to work
cohesively with our neighbors to the north. Because, once again, this
green/yellow line, it's an artificial political line, not a water line
between our neighbors to the north.
COMMISSIONER SAUNDERS: To give you a little bit of
comfort on this issue of expanding the boundary, I'm working on this
meeting with our legislative delegation as well as the Lee County
delegation, and we'll have input into the governance.
December 12, 2017
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And the issue -- the two issues that are -- a couple issues that are
very important: One is that if the boundary's expanded to include a
portion of Lee County, that the taxes raised within Lee County stay in
Lee County, and the taxes raised in Collier County currently stay in
Collier County, and that there is proper governance.
Now, that may mean having a separate governing board for
Collier County's funds and a separate board for Lee County's funds,
but we'll make sure there's no detriment to Collier County in terms of
governance or funds.
The benefit is that this would provide for significant -- potentially
significant revenue for water management projects in Lee County that
would have potentially some benefit in Collier as well.
COMMISSIONER McDANIEL: Those would impact the
CREW's area that's also in Lee County as well.
Is there any portion of Hendry County that's part of this, or is this
strictly Lee?
COMMISSIONER SAUNDERS: It's just strictly Lee.
The natural boundary for this Big Cypress Basin is probably
somewhere around Daniels Parkway South. Water north of that area is
in the Caloosahatchee --
COMMISSIONER McDANIEL: Basin.
COMMISSIONER SAUNDERS: -- Basin and flows to the north.
Water south of that is in the Big Cypress Basin and flows to the south.
MR. CASALANGUIDA: Sir, these are some older maps. And
Lake Trafford is where my finger is right here. These basin boundaries
are some maps that were done as far as watersheds. Caloosahatchee's
up in here, so it really doesn't affect Hendry County. It's really Lake
Trafford/Immokalee area going due west to the Estero Bay, and Estero
River and Imperial River down in here.
So these functional watersheds are kind of intertwined and they
overlap our political boundaries.
December 12, 2017
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So it doesn't include Hendry County, it doesn't include Northern
Lee or Lee up to the Caloosahatchee. Really, just the Village of Estero
and the City of Bonita are the two ones that are affected by these
common watersheds.
COMMISSIONER FIALA: Where's the CREW land on here?
MR. CASALANGUIDA: In here, ma'am. And the Collier
County line is right there.
COMMISSIONER FIALA: Okay.
COMMISSIONER McDANIEL: But doesn't a portion of the
CREW go over into Lee County as well?
COMMISSIONER FIALA: Yes.
MR. CASALANGUIDA: It does.
COMMISSIONER McDANIEL: Yeah, so that's what I was
saying before. It's all good. I like it.
MR. OCHS: So, again, we just wanted to make you aware that
this initiative is out there and, as Commissioner Saunders said, seems
to be gaining some momentum, and we will keep you advised as it
moves along.
And other than that, my only other communication is to wish each
and every one of you a very Merry Christmas and a Happy New Year,
and we look forward to great things in 2018.
CHAIRMAN TAYLOR: Commissioner -- oh, let's do Mr.
Klatzkow. Anything for us?
MR. KLATZKOW: No, ma'am.
CHAIRMAN TAYLOR: Mr. Miller?
MR. MILLER: Merry Christmas. That's all.
MS. KINZEL: Ditto the County Manager, Merry Christmas.
CHAIRMAN TAYLOR: Commissioner McDaniel?
MR. OCHS: You need more of the Crystal, more ditto the
County Manager. We'd like more of that in 2018. That will be our
resolution.
December 12, 2017
Page 217
COMMISSIONER McDANIEL: Happy Holidays. Merry
Christmas everybody.
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Did you want to talk about the
pictures in the hallway here?
CHAIRMAN TAYLOR: Yeah, sure.
COMMISSIONER FIALA: Or can we just talk about that.
CHAIRMAN TAYLOR: Yeah, no.
COMMISSIONER FIALA: Can we just talk about it.
Okay. I don't know -- can we just talk about it on our own?
CHAIRMAN TAYLOR: That's up to our --
COMMISSIONER FIALA: I didn't know if that's -- we have
pictures of old commissioners, and we're just, I think --
COMMISSIONER McDANIEL: Old commissioners or prior
commissioners?
COMMISSIONER FIALA: Old. I guess I told him a thing or
two, huh?
COMMISSIONER McDANIEL: Yes, you did.
COMMISSIONER FIALA: Anyway, can we just talk about that
between us?
MR. KLATZKOW: I think it's a good idea if you talk about it
right now.
COMMISSIONER FIALA: Okay. So I had mentioned
something about -- I love the way you're doing it, by the way, but I had
thought that it was going to stay right here in this whole lobby and the
reception area here and not lop over into our other -- to our own office,
because there's the continuity of everything all running together, and it
tells a story; whereas, if you go into the other room, and it
automatically locks at 5:00. Nobody can see it, number one. Number
two, not that many people come into our office to see the rest; whereas,
they're always sitting out here.
December 12, 2017
Page 218
And I thought, you're doing such a good job; I hate to see it mixed
up. Not only that, but I just love the way Amy has been setting up our
office in there. It looks so cozy and warm, and it did not look that way
for a very long time. So it's nice to see it looking so good and friendly
and welcoming. So that's my two cents.
CHAIRMAN TAYLOR: Okay. Well, part of the -- it's just not
hanging the photographs. It's putting the historic information. And
when you see this wall and it will be probably -- certainly the last wall
in my time here and probably with yours, there will be historic --
already historic plaques. So I don't think it's going to look -- I don't
think it's going to take away from the warmth and the interest of it.
There's just no room out there.
COMMISSIONER FIALA: Well, could you put it into the
reception area here? Because those walls are empty.
CHAIRMAN TAYLOR: Beside the vending machines?
COMMISSIONER FIALA: Well, across from them where the
people sit.
CHAIRMAN TAYLOR: No, because that's the -- you know, I
think it needs to go in. And it's -- there's going to be three photographs
there.
COMMISSIONER FIALA: Yeah, but I'm just -- and you started
the project, and that's fine and everything. But then they're going to
miss the whole point because nobody's going to see the stuff in our
office.
CHAIRMAN TAYLOR: Oh, I think it will be -- I think you'll --
when we get it done, I think you'll be pleased.
COMMISSIONER FIALA: Well, okay. But I will bow to you. I
just -- I feel we're missing the boat by breaking up the -- breaking up
the theme into two separate rooms.
CHAIRMAN TAYLOR: Okay. All right.
COMMISSIONER FIALA: With that, Merry Christmas to
December 12, 2017
Page 219
everybody. Hug your families. Let them know you love them,
especially at this time of year. It's so important that all of our family
members hear from us and know we love them --
CHAIRMAN TAYLOR: That's so sweet.
COMMISSIONER FIALA: -- and they love us, too.
Merry Christmas, everyone.
CHAIRMAN FIALA: All right.
Commissioner Solis.
COMMISSIONER SOLIS: Nothing other than Merry Christmas,
Happy Holidays. See you next year.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: I do have one. I apologize for
bringing it up this late. But I've talked to the County Attorney about --
and we've talked about this probably half a dozen times in the last year,
and that's the tourist taxes from Airbnb. And I'd like to have that
conversation again with the Tax Collector and determine whether or
not we can enter into an agreement with Airbnb. That has happened in
several counties, Leon County most recently, where the County
Commission has entered into an agreement.
My concern is that -- and I don't know the -- you know, the Tax
Collector may be collecting all these taxes, and we just need to know
that.
In Lee County, just as an example, the nine months of last year,
they collected $150,000 from Airbnb. I don't know if we're missing
the boat here or not, but it could be a pretty substantial number;
anywhere close to $200,000. And we just need to collect that.
So I'd like to ask the County Attorney to, over the holidays and
into the first of next year, to kind of dig into that a little bit and see if
we can move forward or help make a determination as to whether or
not these taxes are actually being collected.
CHAIRMAN TAYLOR: I know they're being collected, but is
December 12, 2017
Page 220
everything being collected? Because I had a conversation with the --
COMMISSIONER SAUNDERS: Do we have any idea what the
amount is that's being --
CHAIRMAN TAYLOR: No, because it will change right now.
But I know the feeling is, if we accept Airbnb's offer, then it sort of
opens the door, and hoteliers are going to be very upset, because now
everybody can do it because we're just -- you know, we're not
following it up.
I mean, he almost has a SWAT team that goes out. They monitor
everything, when things are advertised. They watch homesteaded
homes, and if someone has more than -- they monitor that.
COMMISSIONER SAUNDERS: If we could get a report as to
how much we're collecting on Airbnb properties, maybe that would --
I'd be satisfied with that. But I just need to have some assurance that
we're making all those collections.
CHAIRMAN TAYLOR: Good.
COMMISSIONER McDANIEL: My recollection was there was
just -- there was an offer straight from Airbnb that wasn't satisfactory
to the Tax Collector, and there was -- and the Tax Collector felt that
there was a different way to get there.
COMMISSIONER SAUNDERS: If he's gotten there, that's great.
But I just need to find out if he is.
COMMISSIONER FIALA: It's amazing how they're going into
all of our neighborhoods. And people are building doors in the back of
their houses so people can go in. We're having this happen in our
neighborhood, and all of a sudden they see these strange people out
there for three days, and then new people come in, and they're all from
Airbnb.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER FIALA: I wonder how many of them --
because they sneak the doors and they sneak -- they don't get any
December 12, 2017
Page 221
permits to build whatever they are in their house. I wonder how often
that's happening other places, too.
CHAIRMAN TAYLOR: Well --
COMMISSIONER SOLIS: It's a good business.
CHAIRMAN TAYLOR: Yeah, it is a big business, and it's
hurting our hoteliers.
COMMISSIONER SAUNDERS: Yeah. It's only going to get
worse.
CHAIRMAN TAYLOR: All right. Thank you.
Well, I just wanted to report that the Naples is Rocking festival --
this is very preliminary, but the event on Saturday at this point will
return at least $75,000 to the hardest hit areas of Collier County.
MR. OCHS: Congratulations.
COMMISSIONER FIALA: After they pay their expenses and
everything?
CHAIRMAN TAYLOR: Yes, yes.
COMMISSIONER FIALA: Wow, that's good.
CHAIRMAN TAYLOR: Yeah. It truly was a
community-supported event; truly. I can't tell you how extraordinary
people came together in such a short period of time to make this
happen.
And I can tell you, Mr. Miller, that your film was -- people -- at
this event with 1,600 people or more it was -- people went silent.
MR. MILLER: Good.
CHAIRMAN TAYLOR: And during it, just before we moved to
the color, the first responders came on the stage, and the cheering and
the clapping brought tears to your eyes. It was really, really well
received. Thank you very much.
And I also report that the deputies and the Sheriff's folks, and the
law enforcement were there, apparently told the event manager, who is
Tiffany McQuaid, that everybody was saying we've got to do more of
December 12, 2017
Page 222
these things. This is great. We've got to have this happen again and
again.
So I think we are going to -- Jack is already talking about this, I
want you to know. He's already talking about doing this again. I'm not
sure. But I certainly -- our new sports facility will be a wonderful
venue for this.
And I also wanted to say thank you for working with me this
year. I will not be chairman next year. And I just wanted to say thank
you so much. I've enjoyed it. It's been quite a ride. I'm awfully glad
that I'm going to be handing the gavel over to one of you here, and
thank you again.
And Merry Christmas and Happy New Years and -- Happy New
Year, and Happy Holidays to everyone.
COMMISSIONER SAUNDERS: Yeah, Merry Christmas to
everybody. And you did a great job as chairman, and thank you for
what you did.
(Applause.)
CHAIRMAN TAYLOR: All right. On that note, we're done.
See you in the new year.
*****
**** Commissioner Fiala moved, seconded by Commissioner
Saunders and carried that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1 – Moved to Item #11N (Per Commissioner Taylor
during Agenda Changes)
Item #16A2
December 12, 2017
Page 223
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $46,662.91 FOR PAYMENT OF $512.91
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. PEDRO A. TUR AND
BEXAIDA CARRALERO, CODE ENFORCEMENT BOARD
CASE NO. CESD20160000728 RELATING TO PROPERTY
LOCATED AT 271 LEAWOOD CIRCLE, COLLIER COUNTY,
FLORIDA
Item #16A3
CONTRACT #16-7010, “DESIGN AND RELATED SERVICES
FOR CR-846/ IMMOKALEE RD OVER GATOR CANAL BRIDGE
REPLACEMENT OR REHABILITATION (BRIDGE NUMBER
030160)” IN THE AMOUNT OF $326,991.00, WITH T.Y. LIN
INTERNATIONAL (PROJECT NO. 66066)
Item #16A4
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR
BRISTOL PINES, PHASE II, PL20140000924
Item #16A5
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR VIANSA AT TALIS PARK, PL20160000737 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
December 12, 2017
Page 224
DEVELOPER’S DESIGNATED AGENT
Item #16A6
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR MONTIANO, PL20160000741 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
Item #16A7
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR NAPLES RESERVE – PARROT CAY, PL20150002419 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
Item #16A8
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
FACILITIES FOR LANDMARK LONG TERM ACUTE CARE
HOSPITAL, PL20150002447, ACCEPT UNCONDITIONAL
CONVEYANCE OF A PORTION OF THE POTABLE WATER
FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
December 12, 2017
Page 225
BOND IN THE TOTAL AMOUNT OF $22,526.62 TO THE
PROJECT ENGINEER OR DEVELOPER’S DESIGNATED
AGENT
Item #16A9
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR RAFFIA PRESERVE PHASE 2, PL20140002068
Item #16A10
FINAL ACCEPTANCE OF POTABLE WATER FACILITIES FOR
GOLF CLUB OF THE EVERGLADES, PHASE 1-1,
PL20150002401, ACCEPT UNCONDITIONAL CONVEYANCE
OF A PORTION OF THE POTABLE WATER FACILITIES, 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
Item #16A11
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR AESTHETIC SURGERY CENTER,
PL20160001400, ACCEPT UNCONDITIONAL CONVEYANCE
OF A PORTION OF THE POTABLE WATER AND SEWER
FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $9,167.32 TO THE
December 12, 2017
Page 226
PROJECT ENGINEER OR DEVELOPER’S DESIGNATED
AGENT
Item #16A12
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR VI AT BENTLEY VILLAGE EAST
CLUBHOUSE, PL20160000993, ACCEPT UNCONDITIONAL
CONVEYANCE OF A PORTION OF THE POTABLE WATER
AND SEWER FACILITIES, AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $18,973.51
TO THE PROJECT ENGINEER OR DEVELOPER’S
DESIGNATED AGENT
Item #16A13
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR HOGAN PLAZA, PL20150002490,
ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION
OF THE POTABLE WATER FACILITIES, AND TO AUTHORIZE
THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE
THE UTILITIES PERFORMANCE SECURITY (UPS) AND
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$29,105.20 TO THE PROJECT ENGINEER OR DEVELOPER’S
DESIGNATED AGENT
Item #16A14
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
December 12, 2017
Page 227
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ISLES OF COLLIER PRESERVE, PHASE 7B,
PL20160000964 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
Item #16A15
FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR
NAPLES GRANDE CLUBHOUSE, PL20150002666, AND
AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $9,674.98 TO THE PROJECT ENGINEER OR
DEVELOPER’S DESIGNATED AGENT
Item #16A16
RECORDING THE MINOR FINAL PLAT OF AMARANDA AT
FIDDLER’S CREEK, APPLICATION NUMBER PL20170003100
Item #16A17
RECORDING THE MINOR FINAL PLAT OF CITY GATE
COMMERCE CENTER, PHASE THREE A, APPLICATION
NUMBER PL20170000610
Item #16A18
RECORDING THE MINOR FINAL PLAT OF BENT CREEK
December 12, 2017
Page 228
PRESERVE PHASE 1B, APPLICATION NUMBER
PL20170003312
Item #16A19
RECORDING THE AMENDED FINAL PLAT OF BENT CREEK
PRESERVE PHASE 2A (APPLICATION NUMBER
PL20170001771) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
Item #16A20
RESOLUTION 2017-224: A JOINT PARTICIPATION
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FINANCIAL MANAGEMENT NO. 433173-
2-58-01) IN WHICH COLLIER COUNTY WOULD RECEIVE
REIMBURSEMENT UP TO THE AMOUNT OF $200,000 FOR
THE CONSTRUCTION AND CONSTRUCTION ENGINEERING
AND INSPECTION OF LANDSCAPE AND IRRIGATION
IMPROVEMENTS ON STATE ROAD 84 (DAVIS BOULEVARD)
FROM WHITTEN DRIVE TO SANTA BARBARA BOULEVARD;
TO EXECUTE A RESOLUTION MEMORIALIZING THE
BOARD’S ACTION; TO AUTHORIZE ALL NECESSARY
BUDGET AMENDMENTS; AND TO APPROVE THE FINAL
PLANS (PROJECT NO. 60193)
Item #16A21
RESOLUTION 2017-225: MEMORIALIZING THE BOARD’S
December 12, 2017
Page 229
ACTION FOR A LANDSCAPE MAINTENANCE AND
INSTALLATION AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR STATE
ROAD 84 (DAVIS BOULEVARD) FROM WHITTEN DRIVE TO
SANTA BARBARA BOULEVARD (PROJECT NUMBER 60193.1,
F.P.I.D. 433173-2-58-01)
Item #16A22
RESOLUTION 2017-226: MEMORIALIZING THE BOARD OF
COUNTY COMMISSIONERS AFFIRMATIVE VOTE TO
EXECUTE A STATE-FUNDED GRANT AGREEMENT (FPN
441508-1-34-01) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO RECEIVE REIMBURSEMENT UP TO
$500,000 FOR THE DESIGN OF GOODLAND DRIVE
REHABILITATION PROJECT NO. 60200
Item #16A23
AN EXTENSION FOR COMPLETION AND ACCEPTANCE OF
SUBDIVISION IMPROVEMENTS ASSOCIATED WITH
ARROWHEAD RESERVE AT LAKE TRAFFORD PHASE ONE
(AR-3771) AND ARROWHEAD RESERVE AT LAKE
TRAFFORD PHASE TWO (AR-3974)
Item #16A24
AN EXTENSION FOR COMPLETION AND ACCEPTANCE OF
SUBDIVISION IMPROVEMENTS ASSOCIATED WITH THE
ARROWHEAD RESERVE AT LAKE TRAFFORD – BLOCK ‘C’
(AR-10335)
December 12, 2017
Page 230
Item #16A25
AN AMENDED AND RESTATED BENTLEY VILLAGE
REDEVELOPMENT AGREEMENT BETWEEN THE COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS AND CC-
NAPLES, INC., A DELAWARE CORPORATION, FOR THE
PARTIAL REDEVELOPMENT OF THE BENTLEY VILLAGE, A
CONTINUING CARE RETIREMENT COMMUNITY (CCRC) IN
THE RETREAT AT NAPLES PLANNED UNIT DEVELOPMENT
(PUD), ORDINANCE NUMBER 97-71
Item #16A26
AN EASEMENT USE AGREEMENT FOR PALM RIVER
ESTATES UNIT NO. 7, BLOCK B, LOT 5, ACCORDING TO THE
PLAT THEREOF AS RECORDED AT PLAT BOOK 12, PAGES
28-30 OF THE PUBLIC RECORDS OF COLLIER COUNTY
Item #16A27
RESOLUTION 2017-227: AMENDING RESOLUTIONS 2009-302
AND 2014-237, RELATING TO THE STEWARDSHIP SENDING
AREA WITH A DESIGNATION AS “BCI/BCP/SI SSA 13”;
APPROVING THE EXTENSION OF CERTAIN DATES TO
DECEMBER 15, 2020, IN THE STEWARDSHIP SENDING AREA
CREDIT AGREEMENT FOR BCI/BCP/SI SSA 13 AND THE
ESCROW AGREEMENT FOR BCI/BCP/SI SSA 13
Item #16A28
December 12, 2017
Page 231
TERMINATING CONTRACT #16-6643, FOR CONVENIENCE,
WITH NEAL’S LAWN AND LANDSCAPING MAINTENANCE,
INC., FOR NUISANCE ABATEMENT SERVICES – THE
VENDOR HAS CLOSED HIS BUSINESS
Item #16A29 – Moved to Item #11K (Per Agenda Change Sheet)
Item #16A30
RESOLUTION 2017-228: MEMORIALIZING THE BOARD’S
APPROVAL OF A TRANSPORTATION POST PROJECT
MAINTENANCE AGREEMENT WITH FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT), FOR THE
MAINTENANCE OF THE MODIFICATIONS TO THE EXISTING
DIRECTION LEFT-TURN MEDIAN OPENINGS FOR THE
NORTHBOUND AND SOUTHBOUND DIRECTIONS ON
AIRPORT-PULLING ROAD AT THE CALUSA AVE AND
GREAT BLUE DRIVE INTERSECTION, UPON COMPLETION
OF THE FDOT IMPROVEMENTS PROJECT, FINANCIAL
PROJECT NO. 433416-1-52-01
Item #16A31
CHANGE ORDER #1, ADDING NEW ITEMS TO RFP #15-6508,
"ROADWAY LIGHTING UPGRADE TO LIGHT EMITTING
DIODE (LED) LUMINAIRES," TO ADD A TURNPIKE STYLE
LED FIXTURE TO THE APPROVED CONTRACT WITH
APOLLO METRO SOLUTIONS, INC. (PROJECT NO. 60189)
Item #16A32
December 12, 2017
Page 232
RESOLUTION 2017-229: GRANTING FINAL ACCEPTANCE OF
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF HERITAGE BAY COMMONS,
APPLICATION NUMBER AR-5877 WITH THE ROADWAY
IMPROVEMENTS BEING MAINTAINED BY COLLIER
COUNTY, AND ACCEPTANCE OF THE PLAT DEDICATIONS
Item #16A33
CONTRACT #17-7222, “POST DESIGN & VERIFICATION
TESTING SERVICES FOR TREE FARM ROAD PHASE II” IN
THE AMOUNT OF $298,449 WITH JOHNSON ENGINEERING,
INC. (PROJECT NOS. 61001 AND 70178)
Item #16C1
STANDARDIZE LICENSING AND SUPPORT SERVICES WITH
GE INTELLIGENT PLATFORMS, INC. [DIGITAL] AND GRAY
MATTER SYSTEMS FOR PUBLIC UTILITIES DEPARTMENT’S
SUPERVISORY CONTROL AND DATA ACQUISITION
SYSTEMS – AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16C2
AWARDING INVITATION TO BID #17-7202, “NCRWTP LEVEL
INDICATOR REPLACEMENT,” PROJECT NUMBER 71066 TO
GULF STATES ELECTRIC, INC., IN THE AMOUNT OF $129,600
Item #16C3
A BUDGET AMENDMENT IN THE AMOUNT OF $1,300,000
December 12, 2017
Page 233
TO FUND GOLDEN GATE CITY WATER INTERCONNECTS
PROJECT NUMBER 70220 – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16C4
RESOLUTION 2017-230: REMOVING UNCOLLECTIBLE
ACCOUNTS RECEIVABLE AND THEIR RESPECTIVE
BALANCES FROM THE FINANCIAL RECORDS OF COLLIER
COUNTY PUBLIC UTILITIES DEPARTMENT IN THE
AMOUNT OF $10,493.16
Item #16C5 – Moved to Item #11M (Per Agenda Change Sheet)
Item #16D1
RESOLUTION 2017-231: AUTHORIZING THE REMOVAL OF
AGED ACCOUNTS RECEIVABLES IN THE AMOUNT OF
$151,037.56, CONSIDERED UNCOLLECTIBLE OR SHOULD
OTHERWISE BE REMOVED FROM THE FINANCIAL
RECORDS OF THE COLLIER COUNTY PUBLIC LIBRARY IN
ACCORDANCE WITH RESOLUTION NO. 2006-252
Item #16D2
A FIRST AMENDMENT TO LEASE AGREEMENT WITH
NWNG LLC, D/B/A NAPLES GRANDE BEACH RESORT, TO
ENHANCE TRAM SERVICE AT THE CLAM PASS BEACH
PARK – IN ORDER TO REVISE TWO PROVISIONS
REGARDING THE OPERATION OF THE CLAM PASS BEACH
PARK CONCESSION
December 12, 2017
Page 234
Item #16D3
AFTER-THE-FACT SUBMITTAL OF A GRANT REQUEST TO
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) COASTAL PARTNERSHIP INITIATIVE
PROGRAM FOR FUNDING IN THE AMOUNT OF $15,000 TO
DEVELOP MAPS AND USER INFORMATION FOR PHASE II
OF THE PARADISE COAST BLUEWAY PADDLING TRAIL –
SHOULD THE GRANT BE AWARDED THERE WOULD BE A
REQUIRED $15,000 MATCH
Item #16D4
A LEASE AGREEMENT WITH KRAFT OFFICE CENTER, LLC
FOR A TEMPORARY OFFICE SPACE FOR THE UNIVERSITY
EXTENSION OFFICE THAT WAS DEEMED UNINHABITABLE
DUE TO DAMAGE CAUSED BY HURRICANE IRMA – THE
UES BUILDING ON IMMOKALEE ROAD, ADJACENT TO THE
FAIRGROUNDS, WAS DEEMED UNINHABITABLE, THE
ROOF HAS BEEN DAMAGED AND COMPROMISED, AND
THE FIRE SUPPRESSION SYSTEM WAS DESTROYED
Item #16D5
AWARDING INVITATION TO BID #17-7207 “RADIO ROAD
MSTU ROADWAY LANDSCAPE MAINTENANCE” TO
FLORIDA LAND MAINTENANCE, INC. D/B/A COMMERCIAL
LAND MAINTENANCE AND AUTHORIZE THE CHAIR TO
EXECUTE THE CONTRACT
December 12, 2017
Page 235
Item #16D6
SOLE-SOURCE WAIVER FOR A PERIOD OF FIVE (5) YEARS
FOR THE PURCHASE, WARRANTY REPAIR, SERVICE,
INSTALLATION, PARTS, AND RELATED MATERIALS OF
GEOTHERMAL POOL/SPA HEATERS FROM SYMBIONT
SERVICE CORP. AND AUTHORIZE THE CHAIRMAN TO SIGN
CONTRACT #18-7268-WV
Item #16D7
SELECTION COMMITTEE RANKING AND AUTHORIZE
ENTERING INTO NEGOTIATIONS WITH AGNOLI, BARBER
AND BRUNDAGE, INC. FOR A CONTRACT RELATED TO
REQUEST FOR PROFESSIONAL SERVICES #17-7182, “NORTH
COLLIER REGIONAL PARK ARTIFICIAL TURF DESIGN”
Item #16D8
THE UNIVERSITY EXTENSION DIVISION’S REQUEST FOR
FUNDING FROM THE COLLIER COUNTY 4-H ASSOCIATION
IN THE AMOUNT OF $79,880, APPROVE A SUBSEQUENT
ACCEPTANCE OF REQUESTED FUNDS, AUTHORIZE THE
CHAIRMAN TO SIGN A MEMORANDUM OF
UNDERSTANDING WITH THE 4-H ASSOCIATION, AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT
Item #16D9
AN AGREEMENT WITH DAVID LAWRENCE MENTAL
HEALTH CENTER (DLC) IN THE AMOUNT OF $360,008 TO
December 12, 2017
Page 236
OPERATE A POST-ADJUDICATION, COURT-SUPERVISED,
SUBSTANCE ABUSE TREATMENT PROGRAM KNOWN AS
THE COLLIER COUNTY DRUG COURT PROGRAM
Item #16D10
SELECTION COMMITTEE RANKINGS AND AUTHORIZE
ENTERING INTO NEGOTIATIONS WITH MANHATTAN
CONSTRUCTION FOR A CONTRACT RELATED TO REQUEST
FOR PROPOSAL #17-7198, “CONSTRUCTION MANAGER AT
RISK (CMAR) FOR COLLIER COUNTY SPORTS COMPLEX”
Item #16D11
RESOLUTION 2017-232 (5310); RESOLUTION 2017-233 (5311);
RESOLUTION 2017-234 (5339): AUTHORIZING SUBMITTAL
OF FEDERAL TRANSIT ADMINISTRATION (FTA) SECTIONS
5310, 5311, AND 5339 RURAL FY2018/2019 GRANT
APPLICATIONS AND APPLICABLE DOCUMENTS TO THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO
SUPPORT TRANSIT OPERATIONS AND SYSTEM CAPITAL
IMPROVEMENTS . (TOTAL ANTICIPATED FISCAL IMPACT
OF $2,115,848 WITH A FEDERAL SHARE OF $1,314,678.40,
STATE SHARE OF $145,584.80, AND LOCAL MATCH OF
$655,584.80)
Item #16D12
A RELEASE OF LIEN FOR AN AFFORDABLE HOUSING
DENSITY BONUS AGREEMENT FOR A UNIT SOLD WHICH IS
NO LONGER SUBJECT TO TERMS OF THE AGREEMENT –
December 12, 2017
Page 237
FOR PROPERTY LOCATED AT 4440 BOTANICAL PLACE #404
Item #16D13
GRANTING THE CITY OF NAPLES PERMISSION TO ACCESS
COUNTY PROPERTY AT CLAM PASS TO FACILITATE THE
POST STORM CLEAN-UP OF ADJACENT CITY OF NAPLES
PROPERTY – FOR A PERIOD OF THIRTY (30) DAYS; THE
CITY IS REQUIRED TO COORDINATE WITH COUNTY STAFF
ALL DATES AND TIMES FOR WORK AND SHALL, AT THE
CITY OF NAPLES COST, REPAIR, RESTORE OR REPLACE
ANY DAMAGE CAUSED TO THE COUNTY’S PROPERTY
Item #16D14
AMENDING AN INTERLOCAL AGREEMENT BETWEEN
COLLIER COUNTY AND THE CITY OF NAPLES GOVERNING
THE RECIPROCAL USE OF CITY AND COUNTY BEACH
PARKING FACILITIES AS WELL AS PARKS AND
RECREATION PROGRAMS
Item #16D15
A DONATION OF $207,175.72 AS OFFSITE PRESERVATION
FOR LOGAN LANDINGS (SDP PL20170000357) TO SATISFY
THE NATIVE VEGETATION RETENTION REQUIREMENT
AND AUTHORIZE RESULTING BUDGET AMENDMENTS.
(THIS IS A COMPANION ITEM TO AGENDA ITEM #17A AND
AGENDA ITEM #17B)
Item #16D16
December 12, 2017
Page 238
THIS ITEM CONTINUED FROM NOVEMBER 14, 2017 BCC
MEETING, ITEM #16D6. TWO STATE HOUSING INITIATIVE
PARTNERSHIP (SHIP) SUBRECIPIENT AGREEMENTS WITH
HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA,
INC. D/B/A HELP IN THE AMOUNT OF $24,877 AND ROCK
ISLAND ECONOMIC GROWTH CORPORATION D/B/A
ECONOMIC GROWTH CORPORATION IN THE AMOUNT OF
$24,500 FOR THE ADMINISTRATION OF A HOMEBUYER
EDUCATION AND COUNSELING PROGRAM FOR STATE OF
FLORIDA FY16/17
Item #16D17
TO RATIFY THE ADMINISTRATIVE TRANSFER AND
ASSUMPTION OF COUNTYWIDE AFFORDABLE HOUSING
IMPACT FEE DEFERRALS FROM THE DEVELOPER,
HABITAT FOR HUMANITY, TO FORTY-NINE (49) OWNER
OCCUPIED, SINGLE FAMILY HOMEOWNERS IN THE
LEGACY LAKES COMMUNITY UNDER THE AUTHORITY
SET FORTH IN SECTION 74-401 OF THE COLLIER COUNTY
CODE OF ORDINANCES – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16D18
RESOLUTION 2017-235: THE COLLIER COUNTY
CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER) FOR U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG),
December 12, 2017
Page 239
HOME INVESTMENT PARTNERSHIP (HOME), AND
EMERGENCY SOLUTIONS GRANT (ESG) FOR FISCAL YEAR
2016-2017 AS REQUIRED; APPROVE THE CAPER
RESOLUTION; AND AUTHORIZE THE CHAIRMAN TO
CERTIFY THE CAPER FOR SUBMISSION TO HUD
Item #16D19
WAIVING COMPETITION AND AUTHORIZING THE CHAIR
TO EXECUTE CONTRACT #17-7212-WV WITH COMMERCIAL
ENERGY SPECIALISTS, INC. (CES) AS THE SOLE-SOURCE
PROVIDER FOR THE PURCHASE OF BECS CHEMICAL AND
POOL FILTRATION SYSTEMS, WARRANTY REPAIR, PARTS,
AND MATERIALS AND AUTHORIZE PAYMENT OF THREE
(3) OUTSTANDING INVOICES IN THE TOTAL AMOUNT OF
$16,353.10 FOR GOODS AND SERVICES SATISFACTORILY
PERFORMED BY COMMERCIAL ENERGY SPECIALISTS
(CES) AND FOR FAIR VALUE RECEIVED
Item #16E1
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 FOURTH QUARTER OF FY 17
Item #16E2
RESOLUTION 2017-236: REMOVAL OF UNCOLLECTIBLE
ACCOUNTS RECEIVABLES IN THE AMOUNT OF $887.33
December 12, 2017
Page 240
FROM FINANCIAL RECORDS OF THE HUMAN RESOURCES
DIVISION IN ACCORDANCE WITH RESOLUTION NO. 2006-
252 AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE
RESOLUTION
Item #16E3
RENEWING THE COLLIER COUNTY EMERGENCY MEDICAL
SERVICES DIVISION'S CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR ADVANCED LIFE
SUPPORT TRANSPORT TO PROVIDE CLASS 1 ADVANCED
LIFE SUPPORT (ALS) FOR ONE YEAR AND AUTHORIZE THE
CHAIRMAN TO EXECUTE THE PERMIT AND CERTIFICATE
Item #16E4
A MEMORANDUM OF AGREEMENT WITH THE NATIONAL
PARK SERVICE FOR UTILIZATION OF A PARK SERVICE
TOWER FOR THE COUNTY’S P25 RADIO SYSTEM –
UTILIZING THE OASIS RANGER STATION IN THE
EVERGLADES NATIONAL PARK TO IMPROVE RADIO
SYSTEM COVERAGE ALONG THE TRAIL CORRIDOR AND
FACILITATE INTERAGENCY COMMUNICATION CRITICAL
TO SAFETY RESPONSE IN THE AREA
Item #16E5
AWARDING RFP #17-7112, PROPERTY, CASUALTY AND
WORKERS’ COMPENSATION THIRD PARTY
ADMINISTRATION SERVICES TO JOHNS EASTERN
COMPANY
December 12, 2017
Page 241
Item #16E6
AWARD RFP #17-7190 “UTILITY/TELECOMMUNICATIONS
BILLING AUDIT” TO THE ERIC RYAN CORPORATION (ERC)
Item #16E7
PURCHASE OF GROUP HEALTH REINSURANCE COVERAGE
THROUGH SUNLIFE EFFECTIVE JANUARY 1, 2018
Item #16E8
AN ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16E9
AN ASSUMPTION AGREEMENT WITH WATER TREATMENT
& CONTROLS TECHNOLOGY, INC., AS IT RELATES TO
AGREEMENT NO. 13-6162R
Item #16E10
BUDGET AMENDMENTS TRANSFERRING FUNDS FROM
GENERAL FUND 001 TO EMS FUND 490 FOR THE PURCHASE
OF 40 FIELD COMPUTERS IN THE AMOUNT OF $126,781.60
Item #16E11
December 12, 2017
Page 242
A FIRST AMENDMENT TO LICENSE AGREEMENT WITH
SUPER TOWERS INCORPORATED TO REFLECT REQUIRED
MODIFICATIONS TO THE COUNTY’S EMERGENCY RADIO
ANTENNA SYSTEM LOCATED ON A LEASED
COMMUNICATIONS TOWER
Item #16E12
EXEMPTION FROM THE COMPETITIVE PROCESS AS SET
FORTH IN THE PURCHASING ORDINANCE FOR PARAMEDIC
TRAINING AT HODGES UNIVERSITY IN THE AMOUNT OF
$95,000
Item #16E13
ADMINISTRATIVE REPORTS PREPARED BY PROCUREMENT
SERVICES DIVISION FOR CHANGE ORDERS AND OTHER
CONTRACTUAL MODIFICATIONS REQUIRING BOARD
APPROVAL – AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16E14 – Moved to Item #11L (Per Agenda Change Sheet)
Item #16F1
TOURIST DEVELOPMENT TAX PROMOTION FUNDING IN
AN AMOUNT NOT TO EXCEED $65,800 TO SUPPORT
ELEVEN (11) UPCOMING JANUARY AND FEBRUARY 2018
SPORTS EVENTS AND MAKE A FINDING THAT THESE
EXPENDITURES PROMOTE TOURISM – AS DETAILED IN
THE EXECUTIVE SUMMARY
December 12, 2017
Page 243
Item #16F2
RESOLUTION 2017-237: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FY2017-18 ADOPTED BUDGET
Item #16F3
ACCEPTING A REPORT COVERING HURRICANE IRMA
CLEAN UP AND RECOVERY EXPENSES
Item #16F4
A ONE-YEAR EXTENSION TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE EARLY
LEARNING COALITION OF SOUTHWEST FLORIDA INC. TO
PROVIDE LOCAL MATCH FUNDING IN THE AMOUNT OF
$75,000 IN FISCAL YEAR 2018 – THIS IS THE EIGHTH YEAR
THE BOARD HAS BUDGETED FUNDS FOR THE EARLY
LEARNING COALITION OF SOUTHWEST FLORIDA INC.
Item #16F5
RESOLUTION 2017-238: AUTHORIZING THE EXECUTION
AND DELIVERY OF AN INTERLOCAL AGREEMENT
PROVIDING FOR COLLIER COUNTY’S MEMBERSHIP IN THE
FLORIDA UTILITY DEBT SECURITIZATION AUTHORITY
(FUDSA)
December 12, 2017
Page 244
Item #16F6
AN AGREEMENT WITH SAMANTHA BROWN TO FUND A
2018 SAMANTHA BROWN PBS TRAVEL SHOW SEGMENT IN
AN AMOUNT NOT TO EXCEED $49,750 AND MAKE A
FINDING THAT THIS EXPENDITURE PROMOTES TOURISM –
TO FILM AN EPISODE OF HER SHOW IN LATE SPRING 2018
Item #16G1
BUDGET AMENDMENT IN THE AMOUNT OF $69,998 FOR
THE PURCHASE OF A LEKTRO TOWBARLESS AIRCRAFT
TOWING VEHICLE FOR THE MARCO ISLAND EXECUTIVE
AIRPORT – TO PROVIDE CONTINUOUS STANDARD FIXED
BASED OPERATOR, REVENUE GENERATING SERVICES AT
THE MARCO ISLAND AIRPORT
Item #16G2
RESOLUTION 2017-239: THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE AIRPORT AUTHORITY,
ADOPTS THE ATTACHED RESOLUTION APPROVING THE
PROPOSED RATE SCHEDULES FOR THE EVERGLADES
AIRPARK, IMMOKALEE REGIONAL AIRPORT AND MARCO
ISLAND EXECUTIVE AIRPORT FOR 2018
Item #16G3
RESOLUTION 2017-240: A RESOLUTION AUTHORIZING A
TEMPORARY REDUCTION OR SUSPENSION OF THE
HANGAR RENT FOR HANGARS AT THE MARCO ISLAND
December 12, 2017
Page 245
EXECUTIVE AIRPORT PARTIALLY OR COMPLETELY
DAMAGED BY HURRICANE IRMA
Item #16G4
THIS ITEM WAS CONTINUED FROM THE JULY 11, 2017 BCC
MEETING. A COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LEASE AND ADDENDUM WITH
ECONOMIC INCUBATORS, INC. AT THE IMMOKALEE
REGIONAL AIRPORT – A LEASE AREA TOTALING 5,274
SQUARE FEET AND A 3,600 EXTERIOR STORAGE CAGE IN
THE AMOUNT OF $2,680.20 MONTHLY
Item #16H1
RESOLUTION 2017-241: ADOPTING A GOVERNMENT-TO-
GOVERNMENT TRIBAL COMMUNICATION POLICY
PERTAINING TO TRIBAL GOVERNMENTS LOCATED IN
COLLIER COUNTY, FLORIDA
Item #16J1
THE USE OF $10,000 FROM THE CONFISCATED TRUST
FUNDS TO SUPPORT THE ACT-SO (ACADEMICS, CULTURAL
TECHNICAL SCIENTIFIC OLYMPIC) PROGRAM FOR THE
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF
COLORED PEOPLE (NAACP)
Item #16J2
EXECUTION OF THE GRANT AWARD FOR THE COLLIER
December 12, 2017
Page 246
COUNTY SHERIFF'S OFFICE FY2018 VOCA GRANT AWARD
IN THE AMOUNT OF $181,805 AND APPROPRIATE A
BUDGET AMENDMENT – REQUIRES A 25% ($46,000) MATCH
Item #16J3
A BUDGET AMENDMENT TO INCREASE CURRENT MATCH
FOR THE COPS HIRING (2012ULWX008) GRANT AWARD FOR
THE COLLIER COUNTY SHERIFF'S OFFICE IN THE AMOUNT
OF $75,000 – A MULTIYEAR GRANT AND NECESSARY TO
USE CRIME PREVENTION FUNDS
Item #16J4
A BUDGET AMENDMENT TO INCREASE CURRENT MATCH
FOR THE COPS HIRING (2013ULWX0047) GRANT AWARD
FOR THE COLLIER COUNTY SHERIFF'S OFFICE IN THE
AMOUNT OF $50,000
Item #16J5
TO PROVIDE THE BOARD OF COUNTY COMMISSIONERS
THE CLERK OF THE CIRCUIT COURT’S INTERNAL AUDIT
REPORT 2017-12 ADVANCED BROADBAND
INFRASTRUCTURE INVESTMENT PROGRAM: ARTHREX,
INC. AND ARTHREX MANUFACTURING, INC., ISSUED ON,
DECEMBER 5, 2017
Item #16J6
DETERMINING VALID PUBLIC PURPOSE FOR INVOICES
December 12, 2017
Page 247
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
DECEMBER 6, 2017 – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16J7
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH REFERENCED DISBURSEMENTS WERE DRAWN FOR
THE PERIOD BETWEEN NOVEMBER 2 AND NOVEMBER 29,
2017 PURSUANT TO FLORIDA STATUTE 136.06 – AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16K1
A MEDIATED SETTLEMENT AGREEMENT FOR THE TOTAL
AMOUNT OF $96,000.35 FOR THE TAKING OF PARCEL
228RDUE IN THE PENDING CASE STYLED COLLIER
COUNTY V. BABY BROTHERS ENTERPRISES, ET AL, CASE
NO. 15-CA-298, REQUIRED FOR THE GOLDEN GATE
BOULEVARD PROJECT, PROJECT NO. 60040 (FROM 12TH
STREET EAST TO WEST OF 16TH STREET EAST). (FISCAL
IMPACT: $55,170.35)
Item #16K2
A SETTLEMENT AGREEMENT AND MUTUAL RELEASE IN
THE LAWSUIT STYLED JOSE ENCALADA V. PREFERRED
MATERIALS, INC. AND COLLIER COUNTY (CASE NO. 15-CA-
2124), NOW PENDING IN THE CIRCUIT COURT OF THE
December 12, 2017
Page 248
TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA, FOR $30,000, WITH PAYMENT TO BE
MADE BY PREFERRED MATERIALS, INC. AND NO
CONTRIBUTION BY COLLIER COUNTY
Item #16K3
A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $4,198 FOR THE TAKING OF PARCEL 360RDUE
REQUIRED FOR GOLDEN GATE BLVD. PROJECT NO. 60145
(FROM 20TH ST. E. TO EAST OF EVERGLADES BLVD.), IN
THE PENDING CASE STYLED COLLIER COUNTY V. STEVEN
A. EDWARDS, ET AL., CASE NO. 16-CA-1327. (FISCAL
IMPACT: $2,698)
Item #16K4
A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $75,000 FOR THE TAKING OF PARCEL 366RDUE
REQUIRED FOR THE GOLDEN GATE BLVD. PROJECT NO.
60145 (FROM 20TH ST. E. TO EAST OF EVERGLADES BLVD.),
IN THE PENDING CASE STYLED COLLIER COUNTY V.
STEVEN A. EDWARDS, ET AL., CASE NO. 16-CA-1327.
(FISCAL IMPACT: $34,7000)
Item #16K5
A PRE-HEARING STIPULATED ORDER OF TAKING AND
FINAL JUDGMENT IN THE AMOUNT $56,000 FOR THE
TAKING OF PARCEL 458RDUE REQUIRED FOR THE GOLDEN
GATE BLVD. PROJECT NO. 60145 (FROM EAST OF
December 12, 2017
Page 249
EVERGLADES BLVD. TO EAST OF THE FAKA UNION
CANAL), IN THE PENDING CASE STYLED COLLIER COUNTY
V. CKC PROPERTY HOLDINGS, LLC, ET AL., CASE NO. 17-
CA-1398. (FISCAL IMPACT: $56,170)
Item #16K6
AN INCREASE IN HOURLY RATE FEES FOR MEDIATION
SERVICES OF PHILIP GREENWALD, ESQ., BEGINNING IN
JANUARY 2018 FOR EMINENT DOMAIN LITIGATION – AN
INCREASE FROM $250 TO $275 PER HOUR BEGINNING IN
JANUARY 2018
Item #16K7
HIRING CHARLES R. FORMAN, ESQ., FOR MEDIATION
SERVICES IN EMINENT DOMAIN LITIGATION – AT A
SPECIAL RATE OF $300 PER HOUR; MR. FORMAN HAS
PRACTICED EMINENT DOMAIN LAW IN FLORIDA SINCE
1980 AND IS A CURRENT MEMBER OF THE FLORIDA BAR
STANDING COMMITTEE ON EMINENT DOMAIN
Item #16K8
RESOLUTION 2014-242: REAPPOINTING REGINALD
BUXTON, WALTER JASKIEWICZ AND CHIEF JAMES
CUNNINGHAMN TO THE COLLIER COUNTY CITIZEN CORPS
TO TERMS EXPIRING NOVEMBER 5, 2021
Item #16K9
December 12, 2017
Page 250
A JOINT MOTION AND STIPULATED FINAL JUDGMENT FOR
FULL COMPENSATION IN THE AMOUNT OF $200,101, AS
WELL AS $50,405.50 FOR ALL ATTORNEY’S FEES, EXPERT
FEES AND COSTS ASSOCIATED WITH THE TAKING OF
PARCEL 145DAME FOR THE ROYALWOOD/WHITAKER
PORTION OF THE LELY AREA STORMWATER
IMPROVEMENT PROJECT (PROJECT NO. 51101). (FISCAL
IMPACT: $174,676.50)
Item #16K10
A JOINT MOTION AND PROPOSED STIPULATED FINAL
JUDGMENT IN THE AMOUNT OF $11,500 FOR PARCEL
178RDUE IN THE CASE STYLED COLLIER COUNTY V.
CHRISTOPHER WARBURTON, ET AL., CASE NO. 15-CA-335
REQUIRED FOR THE WIDENING OF GOLDEN GATE
BOULEVARD, PROJECT NO. 60040. (FISCAL IMPACT: $8,500)
Item #17A
ORDINANCE 2017-45: A REZONE FROM A RURAL
AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT
FOR A PROJECT TO BE KNOWN AS THE LOGAN/
IMMOKALEE CPUD, TO ALLOW A MAXIMUM OF 100,000
SQUARE FEET OF GROSS LEASABLE FLOOR AREA FOR
SPECIFIC COMMERCIAL USES, FOR PROPERTY LOCATED
ON THE SOUTHEAST CORNER OF IMMOKALEE ROAD AND
LOGAN BOULEVARD, IN SECTION 28, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 18.6± ACRES; AND BY PROVIDING AN EFFECTIVE DATE
December 12, 2017
Page 251
[PL20160001089]. (THIS IS A COMPANION ITEM TO AGENDA
ITEM #17.B AND AGENDA ITEM #16.D.15)
Item #17B
ORDINANCE 2017-46: PL20160001100/CP-2016-2, 2016 CYCLE
2 GROWTH MANAGEMENT PLAN AMENDMENT SPECIFIC
TO THE LOGAN BOULEVARD/IMMOKALEE ROAD
COMMERCIAL INFILL SUBDISTRICT. (ADOPTION HEARING)
(THIS IS A COMPANION TO AGENDA ITEM #17A AND
AGENDA ITEM #16D15)
Item #17C
ORDINANCE 2017-47: AMENDING ORDINANCE NO. 2005-19,
THE CAROLINA VILLAGE PLANNED UNIT DEVELOPMENT
BY CHANGING THE NAME OF THE PLANNED UNIT
DEVELOPMENT TO VANDERBILT COMMONS PUD; BY
ADDING 50,000 SQUARE FEET OF GROSS LEASABLE AREA
FOR A TOTAL OF 200,000 SQUARE FEET OF GROSS
LEASABLE AREA FOR COMMERCIAL USES; BY
DECREASING THE MAXIMUM NUMBER OF DWELLING
UNITS FROM 64 TO 58 DWELLING UNITS; BY REVISING THE
LEGAL DESCRIPTION AND REDUCING THE ACREAGE OF
THE PUD FROM 15.88 ACRES TO 14.49 ACRES; AND
PROVIDING AN EFFECTIVE DATE. THE SUBJECT
PROPERTY, CONSISTING OF 15.8+/- ACRES, IS LOCATED ON
THE NORTH SIDE OF VANDERBILT BEACH ROAD AND
APPROXIMATELY 1/4 MILE EAST OF COLLIER BOULEVARD
IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA [PUDA-PL20150002166]. (THIS
December 12, 2017
Page 252
IS A COMPANION TO AGENDA ITEM #17D)
Item #17D
ORDINANCE 2017-48: 2015 CYCLE 3 GROWTH
MANAGEMENT PLAN AMENDMENT PETITION CP-2015-2/
PL20150002167 SPECIFIC TO THE VANDERBILT
BEACH/COLLIER BOULEVARD COMMERCIAL
SUBDISTRICT. (ADOPTION HEARING) (THIS IS A
COMPANION TO AGENDA ITEM #17C)
Item #17E
ORDINANCE 2017-49: AMENDING ORDINANCE NO. 05-59, AS
AMENDED, THE SABAL BAY MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD), TO APPROVE AN INSUBSTANTIAL
CHANGE TO THE MPUD TO ADD ONE NEW DEVIATION
RELATING TO SIGNAGE, AND PROVIDING FOR AN
EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED
ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST,
APPROXIMATELY ONE QUARTER MILE EAST OF
THOMASSON DRIVE, IN SECTION 19, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF ±4.34 ACRES. [PDI-PL20170000247]
Item #17F
ORDINANCE 2017-50: AMENDING ORDINANCE NO. 03-23, AS
AMENDED, THE LIVINGSTON VILLAGE PLANNED UNIT
DEVELOPMENT (PUD), TO APPROVE AN INSUBSTANTIAL
CHANGE TO THE PUD TO MODIFY PROVISIONS RELATING
December 12, 2017
Page 253
TO STREET TREE STANDARDS, AND PROVIDING FOR AN
EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED
ON THE EAST SIDE OF LIVINGSTON ROAD,
APPROXIMATELY ONE MILE SOUTH OF PINE RIDGE ROAD,
IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF ±4.34 ACRES.
[PDI-PL20160002748]; AFFIRMING THE DECISION OF THE
COLLIER COUNTY PLANNING COMMISSION
Item #17G
RESOLUTION 2017-243: ESTABLISHING THE CASSENA
ROAD MUNICIPAL SERVICES BENEFIT UNIT (MSBU) TO
PROVIDE COLLIER COUNTY POTABLE WATER
CONNECTIONS, AUTHORIZE THE USE OF THE UNIFORM
METHOD OF COLLECTION FOR COLLECTING NON-AD
VALOREM ASSESSMENTS TO FUND THE MSBU, AND
APPROVE AN INTERLOCAL AGREEMENT WITH THE
PROPERTY APPRAISER AND TAX COLLECTOR TO
FACILITATE SUCH COLLECTIONS
Item #17H
RESOLUTION 2017-244: PETITION VAC-PL20170000727 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN THE 20 FOOT UTILITY
EASEMENT RECORDED IN OFFICIAL RECORD BOOK 2699,
PAGE 2204 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE
SOUTH SIDE OF LIVINGSTON WOODS LANE, NORTH OF
THE INTERSECTION OF PINE RIDGE ROAD AND
December 12, 2017
Page 254
WHIPPOORWILL LANE, IN SECTION 7, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND
ACCEPT A REPLACEMENT COUNTY UTILITY EASEMENT
Item #17I
RESOLUTION 2017-245: PETITION VAC-PL20170003165, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN THE UTILITY EASEMENT AS
DESCRIBED IN OFFICIAL RECORD BOOK 1148, PAGE 230 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THE SUBJECT PROPERTY IS LOCATED NORTH OF
FIDDLER’S CREEK PARKWAY, APPROXIMATELY TWO-
THIRDS OF A MILE EAST OF COLLIER BOULEVARD, IN
SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
Item #17J
RESOLUTION 2017-246: PETITION VAC-PL20170002642 TO
VACATE A PORTION OF THE 25-FOOT DRAINAGE
EASEMENT LOCATED ON LOT 15, NATURE POINTE, AS
RECORDED IN PLAT BOOK 20, PAGES 20 THROUGH 22, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE
OF GORDON RIVER LANE, ON THE EAST SIDE OF THE
GOLDEN GATE CANAL, IN SECTION 35, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
Item #17K
December 12, 2017
Page 255
RESOLUTION 2017-247: PETITION VAC-PL20170002997 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN THE RAW WATER WELL
EASEMENT, LOCATED IN TRACT F OF HERITAGE BAY
VISTAS SUBDIVISION, PLAT BOOK 50, PAGE 33 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE
SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF
BELLAIRE BAY DRIVE, APPROXIMATELY ONE THIRD MILE
EAST OF THE IMMOKALEE ROAD AND COLLIER
BOULEVARD INTERSECTION, IN SECTION 23, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND
TO ACCEPT A REPLACEMENT UTILITY EASEMENT
Item #17L
ORDINANCE 2017-51: AMENDING ORDINANCE NO. 2017-17
EXTENDING THE TEMPORARY MORATORIUM ON THE
OPENING OF CERTAIN NEW CANNABIS DISPENSING
FACILITIES FROM DECEMBER 31, 2017 TO JUNE 30, 2018
Item #17M – Moved to Item #9B (Per Agenda Change Sheet)
Item #17N
RESOLUTION 2017-248: DESIGNATING THE VISITOR
CENTER, A FORMER HUNTING LODGE, A HISTORICALLY
SIGNIFICANT STRUCTURE. THE SUBJECT STRUCTURE IS
KNOWN AS THE PEPPER RANCH VISITOR CENTER WITHIN
THE GREATER PEPPER RANCH PRESERVE AREA OF 2,512+
ACRES AND IS LOCATED SOUTH OF TRAFFORD OAKS
ROAD IN IMMOKALEE IN SECTIONS 26 AND 35, TOWNSHIP
December 12, 2017
Page 256
46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA
[HD-PL20160000438]
Item #17O
ORDINANCE 2017-52: AMENDING ORDINANCE NO. 2015-36,
TO FORMALLY ADOPT, BY REFERENCE, THE FLORIDA
BUILDING CODE, SIXTH EDITION (2017)
Item #17P
RESOLUTION 2017-249: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2017-18
ADOPTED BUDGET
*****
December 12, 2017
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:49 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIA TRICTS UNDER ITS CONTROL
PENNY TA OR, C : IRMAN
ATTEST
DWIGHT E. BROCK, CLERK
,,,. -04011.-..-. ;1i
A Of-is ici Chairman's -> 0
signature Only:. -
Theserminutes approved y the Board on Inuo q , 20 ( ,
as presented H ' '✓ or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 257
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis,Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
December 12, 2017 d ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAB) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis hereby disclose that on December 12 20 17
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, ;
inured to the special gain or loss of my relative, ;
X inured to the special gain or loss of a client of my law firm by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On December 12, 2017, Item 16-A-6, the Board will consider a recommendation to approve final acceptance and
unconditional conveyance of the potable water and sewer utility facilities for Montiano, PL20160000741, 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.
The applicant, WCI Communities, LLC, is a client of my law firm, and in the abundance of caution, I will abstain
from voting pursuant to Section 286.012, Fla. Stat., to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
/1d4
December 12, 2017
Date Filed ignature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis,Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY alCOUNTY CIOTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
December 12, 2017 d ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solishereby disclose that on December 12 20 17
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
•
inured to the special gain or loss of my business associate,
•
inured to the special gain or loss of my relative,
X inured to the special gain or loss of a client Of my law firm , by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On December 12, 2017, Item 16-A-9, the Board will consider a recommendation to approve final acceptance and
unconditional conveyance of the potable water and sewer utility facilities for Raffia Preserve Phase 2,
PL20140002068.
The applicant, WCI Communities, LLC, is a client of my law firm, and in the abundance of caution, I will abstain
from voting pursuant to Section 286.012, Fla. Stat., to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
December 12, 2017
Date Filed Sig - re
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.