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Agenda 01/09/2018 Item #10B01/09/2018 From: FialaDonna Sent: Friday, December 15, 2017 10:36 AM To: OchsLeo <Leo.Ochs@colliercountyfl.gov <mailto:Leo.Ochs@colliercountyfl.gov>>; KlatzkowJeff <Jeff.Klatzkow@colliercountyfl.gov <mailto:Jeff.Klatzkow@colliercountyfl.gov>> Cc: BrownleeMichael <Michael.Brownlee@colliercountyfl.gov <mailto:Michael.Brownlee@colliercountyfl.gov>> Subject: Reconsider Leo & Jeff: As I mentioned previously, I had to go back to the agenda and read over a few of the subjects. One of them is the two parcels of county owned land. Once I really looked at it, I realized THAT THIS LAND IS COMPLETELY OWNED BY THE COUNTY AND TOTALLY UNEMCUMBERED! That has been the problem, according to our housing department, as to why they consistently build low income that qualifies, instead of the medium income that is needed so badly. John Schmeiding expressed it perfectly in his speech about how we could help Arthrex and other companies participating, such as the Sheriff’s Office, Teachers, Hospital workers, Government Employees, etc. Here is the perfect opportunity to build housing for that middle class entirely! We would be wasting our precious UNENCOMBERED land that has no restrictions, to instead build the low income housing which we are already building. I want to bring this back to the commissioners to fill in the blanks from yesterday’s meeting and get their opinion on this perfect land to build the housing that is needed that we don’t seem to be able to build on HUD or SHIP funding. Even tho it says in the power point backup on the agenda, “very low, low and moderate”, which it says on housing we are already building with HUD and SHIP funds, we do not see that moderate housing being built, and that moderate does not take in medium-priced housing. I would like to bring this item back at the next meeting to discuss this point that was not made at our BCC meeting, but John Schmeiding presented perfectly. Donna Fiala Donna Fiala Collier County Commissioner, District 1 3299 Tamiami Trail East, Suite #303 Naples, FL 34112 P: (239) 252-8601 F: (239) 252-6578 10.B Packet Pg. 49 01/09/2018 ATTACHMENT(S) 1. Item 11H December 12 2017 BCC Meeting (RTF) 2. Reconsideration of matters (PDF) 10.B Packet Pg. 50 01/09/2018 COLLIER COUNTY Board of County Commissioners Item Number: 10.B Doc ID: 4403 Item Summary: Request to reconsider Item 11H, from the December 12, 2017 BCC Meeting which reads: 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. (Commissioner Fiala) Meeting Date: 01/09/2018 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 12/19/2017 7:42 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 12/19/2017 7:42 AM Approved By: Review: Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/19/2017 7:56 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/19/2017 8:11 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/19/2017 11:44 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/01/2018 9:52 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/09/2018 9:00 AM 10.B Packet Pg. 51 EXECUTIVE SUMMARY 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. OBJECTIVE: To provide housing that is affordable in Collier County and to further the goals set forth in the Housing Element of the Growth Management Plan. CONSIDERATIONS: On June 27, 2017, the Board of County Commissioners (BCC) reviewed a list of County-owned properties that may be suitable for the development of housing that is affordable. At that meeting, the BCC directed staff continue to review the properties and to explore public/private partnerships on some of those sites for the future development or inclusion of housing that is affordable. Staff has reviewed the properties and recommends moving forward with a Request for Information (RFI) process on the following two sites: Committee Recommendation Property Folio#Acreage Zoning Location Significant Restrictions Impact Designate for Housing Bembridge PUD 00400246406 5.11 Yes Excellent No Medium Include Housing in Development Plan Manatee Site 00736520003 59.3 No Excellent No High Two additional sites were also researched by staff as directed, the 47 acre Randal Curve site and the 21 acre Livingston/Grey Oaks site. Staff does not recommend moving forward with either of those sites at this time. Future development of the Randal Curve site may become integral to the Golden Gate Estates District, and it is recommend that ongoing restudies of the surrounding areas continue before making a decision on that site’s potential uses. The Livingston/Grey Oaks site is encumbered by an FPL easement that prohibits the construction of any structures at this time. An RFI is used to collect comments and obtain input from the market place. In this case the process will be used to solicit information from potential developers as to the interest and potential for the development of housing that is affordable on each of the two sites. Housing that is affordable includes households in Collier County with incomes ranging from 0% to 140% of median income. Recent studies identify priority needs for rental housing and senior housing, both at the 80% or less of median income in Collier County. The RFI will allow the market to describe their best approaches to meeting the County’s need for housing that is affordable whether it be through an affordable rental development, a senior housing project, entry- level owner-occupied units, the co-location of housing and other County or public uses, or a combination of the above. Each of the sites may have different approaches and outcomes. FISCAL IMPACT: Any potential fiscal impact will be determined on a property-by-property basis based on BCC direction. Reimbursement of original costs may be required if properties were acquired using impact fees. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. - JAB 10.B.1 Packet Pg. 52 Attachment: Item 11H December 12 2017 BCC Meeting (4403 : Commissioner Fiala Request for Reconsideration) GROWTH MANAGEMENT IMPACT: Use of County-owned parcels for the development of housing that is affordable furthers the Goals, Objectives, and Policies of the Growth Management Plan and specifically the Housing Element. 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. Prepared by: Cormac Giblin, Manager, Grant and Housing Development, Community and Human Services 10.B.1 Packet Pg. 53 Attachment: Item 11H December 12 2017 BCC Meeting (4403 : Commissioner Fiala Request for Reconsideration) The County Sheriff, or his deputy, shall be the sergea nt-at-arms at meetings of the Board of County Commissioners and shall carry out all orders of the Chairman to maintain order and decorum. (Ord. No.75-16,91(3); Ord. No.07-50, S 1) Sec. 2-39. - Action to be taken by resolution, ordinance or motion. Each action of the Board of County Commissioners shall be taken by resolution, ordinance or legally binding document approved as to form by the County Attorney, except approval of administrative matters may be by motion adopted and recorded in the minutes. (Ord. No.75-16, S 1(4); Ord. No.07-50, S 1) Sec. 2-4O. - Adjournment, A motion to adjourn shall always be in order and decided without debate. (ord. No.75-16, S 1(5); Ord. No.07-50, S 1) sec. 2-41. - Reconsideration of mafters generally. (a) Except for contracts, any matter which has been voted upon by the Board of County Commissioners may be reconsidered as follows: (1) By a motion to reconsider made by a member who voted with the majority if such motion is made prior to the adjournment of the meeting at which the matter was voted upon. If there were no public speakers on the item, or if all of the public speakers for the item are still present in the boardroom following a successful motion to reconsider, the Board may elect to rehear the matter during that meeting, or direct the County lYanager to place the item on the agenda for a future meeting as set forth in subsection (aX2). If there were public speakers for the item, and not all of the public speakers are still present in the boardroom following a successful motion to reconsider, the County Manager will place the item on the agenda for a future meeting as set forth in subsection (a)(2). (2) By a motion to reconsider made by a member who voted with the majority if such motion is made at a regular meeting following the meeting at which the matter was voted upon, but only in accordance with the following: (i) Where a member who voted with the majority wishes the Board to reconsider a matter after the adjournment of the meeting at which it was voted on, the member shall deliver to the County Manager a written memorandum stating that the member intends to introduce a motion to reconsider. The memorandum shall state the date of the regular meeting at which the member intends to introduce such motion, and shall be delivered to the County Manager at least six days prior to such meeting. The purpose of this requirement is to allow the staff to advise the Board of the legal or other ramifications of reconsideration. (ii) No motion to reconsider shall be made any later than the second regular Board meeting following the Board's vote on the matter sought to be reconsidered. (iii) Upon adoption of a motion to reconsider, the county Manager shall place the item on an agenda not later than the second regular Commission meeting following the meeting at which the motion for reconsideration was adopted. (iv) All parties who participated by speaking. submitting registration forms or written materials at the first hearing, shall be notifled by the County lvlanager of the date of reconsideration. (v) Contracts may only be reconsidered by motion made prior to the adjournment of the meeting at which the matter was voted upon. For purposes of this subsection, a contract is defined as an agreement which is legally binding and enforceable in a court of law. 10.B.2 Packet Pg. 54 Attachment: Reconsideration of matters (4403 : Commissioner Fiala Request for Reconsideration) (b) This section shall apply to any matters which may lawfully be reconsidered except those matters which are covered by Paragraph 7 below. (Ord. No. 81-54, 5 1; Ord. No.07-50,9 2; Ord. No.2009-52,51; Ord. No.2015-53,91) Sec.2-42, - Reconsideration of land use matters. (a) Applicability. Any matter in which the Board of County Commissioners or Board of zoning Appeals, as the case may be, has denied a request to change the land use designation of a parcel of land, a request for site specific rezone initiated by a petitioner or his or her agent, variance, conditional use, license, permit or other land use-related request. (b) Reguest for Reconsideration by Petitioner. A request for reconsideration may be made only by the petitioner. The petitioner may request reconsideration of a petition in writing to the County lvlanager no later than 15 days from the date of the Board's action denying the original petition. Except as provided below, this request shall be jurisdictional, and no motion for reconsideration may be made by any member of the Board where such a request was untimely. If State or Federal submission and/or approval schedules pertaining to the petition are extended within 6 months following the denial of the original petition, upon Public Petition initiated by the petitioner, the Board may extend petitioner's request for reconsideration by majority vote, and on a second motion made by any Commissioner, place the issue of reconsideration for a date certain on which the action or petition will be reconsidered, but in no event shall such reconsideration take place less than 14 days nor more than 45 days from the date the motion to reconsider is adopted. (c)Motion for reconsideration by a Board member who voted in the majority. Any member of the Board who voted with the majority (or in the case of a rezoning or change in land use designation. voted against) on the original action or petition may move for a reconsideration of the action or petition at any regular meeting of the Board within 15 days of the date of the request for reconsideration. If no regular meeting of the Board occurs within 15 days of the request for reconsideration, the Board member may move for a reconsideration of the action or petition no later than the first meeting of the Board that follows the County Manager's receipt of the request for consideration. This motion shall be made during that portion of the Board's agenda entitled "Board of County Commissioners." If no motion for reconsideration is made during this time period, the request shall be deemed denied. The motion may specify a date certain on which the action or petition will be reconsidered, but in no event shall such reconsideration take place less than 14 days nor more than 45 days from the date the motion to reconsider is adopted. Action on motion for reconsideration. The Board shall either act on the motion for reconsideration at the meeting at which such motion is made or may table the motion for no longer than the next regular meeting of the Board. If the motion is not finally acted upon by the adjournment of the next regular meeting of the Board after the motion has been made, it shall be deemed to have been denied. Scheduling of petition for reconsideration. If the motion for reconsideration is granted, the County Manager shall schedule the petition on the agenda for the regular Board meeting which was specifled in the motion for reconsideration, or if no date is specified then on the second regular Board meeting following the meeting at which the motion is granted. No hearing or debate on motion for reconsideration. A motion for reconsideration shall not require public hearing, and neither the petitioner nor any other person shall have the right to address the Board considering the merits of such a motion. However, the Board may request information of the petitioner, the staff or any other person in order to better inform itself prior to acting upon the motion. The purpose of this provision is to prevent either the petitioner or any other person from debating the merits of the petition prior to its full consideration at a regularly scheduled Board meeting where the petition is reconsidered. [Procedures outlined.] The procedures outlined herein shall not constitute an administrative remedy. and the defense of failure to exhaust administrative remedies shall (d) (e) (g) 10.B.2 Packet Pg. 55 Attachment: Reconsideration of matters (4403 : Commissioner Fiala Request for Reconsideration) not be raised if a petitioner declines to utilize these procedures and instead elects to pursue judicial remedies following the denial of the petition. The time period for seeking judicial relief following denial of those matters contemplated by subsection (a)(2) of this section shall run from the time the Board votes on such matter, and a motion hereunder shall not alter such time period. (h) [Initial vote./ Where the initial vote was made after an advertised public hearing, any reconsideration of such vote shall comply with all advertisement and notice provisions that were legally required for the initial public hearing. (Ord. No.81-54, S 2; Ord. No. 88-41, 5 1; Ord. No.07-50,5 2; Ord. No.2012-15, 1) Land Development Code reference - Zoning amendments, 5 2.7.2. State Law reference - Adoption of rezoning ordinances, F.S. I 125.66(5). Secs. 2-43-2-65. - Reserved. 10.B.2 Packet Pg. 56 Attachment: Reconsideration of matters (4403 : Commissioner Fiala Request for Reconsideration)