BCC Minutes 03/27/2018 RMarch 27, 2018
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 27, 2018
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: Andy Solis
William L. McDaniel, Jr.,
Donna Fiala
Burt L. Saunders
Penny Taylor
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
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March 27, 2018
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, Florida 34112
March 27, 2018
9:00 AM
Commissioner Andy Solis, District 2 - BCC Chair
Commissioner William L. McDaniel, Jr., Dist. 5 - BCC Vice-Chair; CRAB Co-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Burt Saunders, District 3
Commissioner Penny Taylor, District 4
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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March 27, 2018
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.)
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. 20 YEAR ATTENDEES
a) 20 Years, Jeanne Marcella - Transportation Administration
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March 27, 2018
b) 20 Years, Juan Mesa - Road Maintenance
C. 25 YEAR ATTENDEES
D. 30 YEAR ATTENDEES
E. 35 YEAR ATTENDEES
F. ADVISORY BOARD MEMBERS
G. RETIREES
4. PROCLAMATIONS
A. Proclamation honoring the work of the Cancer Alliance of Naples and
expressing best wishes for another successful YogaCAN event. To be
accepted by Jodi Bisogno, Director of the Cancer Alliance of Naples, Dr.
Joel Waltzer, co-founder of YogaCAN, and Angela Goodner, Co-chair of
YogaCAN 2018.
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex-parte
disclosure be provided by Commission members. Recommendation to
affirm the decision of the Collier County Planning Commission and approve
a Resolution amending Development Order 88-02, as amended, the City
Gate Commerce Park Development of Regional Impact, providing for
Section One: amendments restoring language from the original Development
Order 88-02 and provide traffic conversions, without increasing the overall
buildout traffic; amendment to regulations pertaining to vegetation and
wildlife/wetlands to remove the 2.47 acre wetland “preserve” requirement;
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March 27, 2018
amendment to remove phasing schedule and obsolete development
restrictions; amendment to master development plan; extension of
termination date; and amendment to allow for biennial reporting; Section
Two: findings of fact including revised legal description and correction of
acreage; Section Three: conclusions of law; Section Four: effect of
previously issued development order, transmittal to the Department of
Economic Opportunity and providing an effective date. [PL20170002634]
(This is a companion item to Planned Unit Development Amendment
Petition PUDA-PL20170002330, Agenda Item #9B and Agenda Item #11F)
B. This item requires that all participants be sworn in and ex-parte
disclosure be provided by Commission members. Recommendation to
approve an Ordinance amending Ordinance No. 88-93, the City Gate
Commerce Park Planned Unit Development, to revise the legal description
and correct the acreage of the MPUD; to update the master development
plan including designating a Lake/Recreational Area, adding external access
points along the eastern MPUD boundary and adding the Collier County
Sports Complex; to provide conversions to allow additional hotels and motel
units and the development of the Collier County Sports Complex, without
increasing the overall originally approved buildout traffic; to provide
deviations for signage, flagpoles, parking areas, landscape areas and buffers,
architectural review standards, native vegetation and water management; to
clarify permitted uses and add development standards for the Sports
Complex, including building heights; to update building heights elsewhere
in the MPUD; to remove outdated commitments; to add exhibits including
exhibit A-3 permitted uses by SIC codes, Exhibit A-4 cross sections-north
buffer, Exhibit A-5 sign deviation exhibit, and Exhibit A-6 required yard
plan; providing for conflict and severability; and providing an effective date.
[PL20170002330] (This is a companion item to Development Order
Amendment Petition DOA-PL20170002634, Agenda Item #9A and Agenda
Item #11F)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to direct staff to explore and develop an Innovation Zone
to promote Targeted Industries within Interchange Activity Center Nine (I -
75 and Collier Boulevard) and to evaluate the current mix of allowed land
uses, the existing Interchange Master Plan adopted for the Interchange
Activity Center (IAC) and the feasibility of adjusting the boundaries of the
IAC and developing a flexible zoning overlay to facilitate economic
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development and encourage targeted industry growth. (Commissioner
Taylor)
11. COUNTY MANAGER'S REPORT
A. Recommendation to accept the Pine Ridge Road Congestion Corridor Study
and direct staff to pursue the Partial-Continuous Flow Intersection at Pine
Ridge Road and Livingston Road the Restricted Crossing U-Turn
intersection at Pine Ridge Road and Whippoorwill Lane and the Diverging
Diamond Interchange at the Pine Ridge Road/I-75 interchange (Project No.
60109). (Thaddeus Cohen, Growth Management Department Head)
B. Recommendation to Award Bid Number 18-7242, “NCWRF 24-inch
Irrigation Quality Water Main”, Project Number 70116.2, to Quality
Enterprises USA, Inc., in the amount of $1,456,841 and authorize the
Chairman to sign the attached agreement. (Tom Chmelik, Public Utilities
Engineering Division Director)
C. This item was continued from the February 27, 2018 meeting.
Recommendation to reestablish the “Tickets to Ride” Program and authorize
staff to develop a use agreement with participating locations for Collier
County citizens recreational amenities for All-Terrain Vehicle (ATV) use in
Southwest Florida at a cost not to exceed $20,000 annually and suspend site
evaluations. (Barry Williams, Division Director, Parks and Recreation
Division)
D. Recommendation to approve the purchase of property insurance effective
April 1, 2018 in the estimated amount of $3,157,523 . (Jeff Walker, Risk
Management Director)
E. Recommendation to approve Invitation to Bid No. 18 -7265 to Coastal
Concrete Products, LLC in the amount of $1,358,318.83 for Project Number
70190, “39th Avenue Northeast Watermain Extension and Utilities”; and,
authorize the chair to sign the associated agreement and budget amendment.
(Dayne Atkinson, Project Manager, Solid and Hazardous Waste
Management Division)
F. This item to be heard immediately following Item(s) #9A and #9B.
Recommendation to approve a Second Amendment to Developer Agreement
between Citygate Development, LLC, 850 NWN LLC, and CGII, LLC and
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Collier County, amending the provisions related to roadway access, street
lighting requirements and transportation concurrency vesting. (This is a
companion to Agenda Item #9A and Agenda Item #9B) (Nick Casalanguida,
Deputy County Manager)
G. Recommendation that the Board declare that emergency conditions exist at
Clam Pass inlet; authorize an expedited procurement process to obtain
quotes and quickly mobilize a contractor; authorize the County Manager or
his designee to negotiate and execute a contract to be presented to the Board
for “after-the-fact” approval at the next regularly scheduled meeting;
authorize Tourist Development Tax funding and the associated budget
amendment for this project; and make a finding that this item promotes
tourism. (Fiscal Impact $434,500) (Neil Dorrill, Pelican Bay Services
Division)
H. This item to be heard at 9:30 a.m. Recommendation to approve the
attached draft ballot language and ordinance for the Infrastructure Surtax or
One-cent Sales Tax referendum to be on the General Election ballot
November 6, 2018; and authorize the County Attorney to advertise the
ordinance for a final reading and direct the County Manager to begin public
education about the process and the proposed projects in an amount not to
exceed $100,000. (Geoff Willig, Operations Analyst, County Manager's
Office)
I. Recommendation to accept the draft response from County Management and
Economic Incubators Incorporated to Internal Audit Report #2018-2
regarding Economic Incubators, Inc. (EII) and Business and Economic
Development Division (County Staff) dated February 27, 2018. (This item is
a Companion to Item #13B) (Leo E. Ochs, Jr., County Manager)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive
Annual Financial Report for the fiscal year ended September 30, 2017 and
authorization to file the related State of Florida Annual Local Government
Financial Report with the Department of Financial Services.
B. To provide the Board of County Commissioners the Clerk of the Circuit
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Court and Comptroller’s Draft Internal Audit Report 2018-2 Economic
Incubators, Inc. Business and Economic Development Division, issued on
March 21, 2018. (This item is a Companion to Item #11I)
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Proposed BCC Future Workshop Schedule
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve an Amendment to the Amended and
Restated Developer Agreement (DA) between the developer of
Parklands Planned Unit Development, Parklands Associates I, LLLP
(Developer) and Collier County (County) to extend the date of the
intersection improvements at Logan Boulevard and Immokalee Road
(This is a companion to Agenda Item #16A2).
2) Recommendation to adopt a Resolution accepting and assuming
ownership and maintenance of the bridge at Logan Boulevard &
Immokalee Road over the Cocohatchee Canal for the perpetual use by
the public (This is a companion to Agenda Item #16A1).
3) Recommendation to approve the release of a code enforcement lien
with an accrued value of $1,077,314.36 for payment of $1,014.36 in
the code enforcement action entitled Board of County Commissioners
v. Curtis D. and Brenda Blocker, Code Enforcement Board Case No.
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2000010616 relating to property located at 511 New Market Rd,
Collier County, Florida.
4) Recommendation to adopt a Resolution to declare a public hearing to
disclaim, renounce, and vacate the County and the Public interest in
that roadway easement recorded in OR Book 2355, Page 2715 of the
Public Records of Collier County, Florida. The subject property is
located on the east side of County Barn Road, approximately a quarter
mile south of Davis Boulevard in Section 8 Township 50 South,
Range 26 East, Collier County, Florida. (VAC-PL20170001644)
5) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Bristol Pines, Phase II
Application Number AR-8835 and authorize the release of the
maintenance security.
6) Recommendation to approve final acceptance of the sewer utility
facilities for Orchid Run Phase 2, PL20160000615, 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 $8,712.17 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
Esplanade Golf and Country Club of Naples, Parcel D2,
PL20170000005 and to authorize the County Manager, or his
designee, to release the Final Obligation Bond in the total amount of
$4,000 to the Project Engineer or the Developer’s designated agent.
8) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
Esplanade Golf and Country Club of Naples, Parcel D1,
PL20160001216 and to authorize the County Manager, or his
designee, to release the Final Obligation Bond in the total amount of
$4,000 to the Project Engineer or the Developer’s designated agent.
9) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
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Frangipani Circle at LaMorada (FKA Indian Hill Estates),
PL20160000181 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 $45,056.81 to the Project
Engineer or the Developer’s designated agent.
10) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Artesia
Naples Phase 3A, PL20150000603 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 direct the County Manager or his designee to
initiate an insubstantial change to the Wolf Creek Planned Unit
Development (Ordinance 2013-17) to remove the commitment of a
fair share contribution for a traffic signal at Vanderbilt Beach Road
and Pristine Drive (Project No. 60088).
12) Recommendation to approve the short-list of professional engineering
consultants and to enter into negotiations between Collier County and
Q. Grady Minor & Associates, P.A. pursuant to Request for Proposals
No. 17-7213 "CCNA Solicitation Goodland Drive Rehabilitation”
(Project No. 60200).
13) Recommendation to authorize the removal of aged accounts
receivable in the net amount of $6,440.93 considered uncollectible
from the financial records of various Growth Management
Department fund centers in accordance with Resolution 2006-252.
14) Recommendation to approve the findings of the Flood Protection
Level of Service Study by the South Florida Water Management
District as per the Cooperative Agreement.
15) Recommendation to approve a Research Agreement between Florida
Gulf Coast University and Collier County for a 10-year wetland study
at Freedom Park
16) Recommendation to approve the final ranking of design build firms
and to commence negotiations with Ajax Paving Industries of Florida,
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LLC/Stantec Consulting Services, Inc., pursuant to a Request for
Professional Services No. 17-7159 "Design-Build Golden Gate
Boulevard 4-Lane, from West of 20th Street East to East of
Everglades Boulevard, including drainage to the Faka Union Canal”
(Project No. 60145).
17) Recommendation to approve Change Order No. 1 to Contract No. 17-
7041 in the amount of $206,443.68 with Thomas Marine
Construction, Inc. for the Haldeman Creek Weir (Project No. 60103).
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Board of County
Commissioners (BCC), acting as the Community Redevelopment
Agency (CRA), approves an After-the-Fact electronic grant
application submittal in the amount of $370,000 to the Collier County
Community and Human Services FY 2018/2019 Housing and Urban
Development (HUD) Community Development Block Grant (CDBG)
for the Phase 2 Fire Suppression Project in the Bayshore Gateway
Triangle Community Redevelopment Area.
2) Recommendation that the Collier County Board of County
Commissioners (BCC), acting as the Community Redevelopment
Agency (CRA), approves an After-the-Fact electronic grant
application submittal in the amount of $600,000 to the Collier County
Community and Human Services FY 2018/2019 Housing and Urban
Development (HUD) Community Development Block Grant (CDBG)
for the Immokalee Sidewalk Improvement Project within the
Immokalee Community Redevelopment Area.
3) Recommendation that the Collier County Board of County
Commissioners (BCC), as the Community Redevelopment Agency
(CRA), approves a second amendment to the previously approved
U.S. Department of Housing and Urban Development (HUD) grant
agreement between the BCC and the CRA to extend the agreement’s
time of performance for the Immokalee Sidewalk Improvement
Program and authorize the Chairman of the Board to sign the
amendment.
4) Recommendation that the Collier County Community Redevelopment
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Agency and the Board of County Commissioners review and accept
the 2017 Annual Reports for the Bayshore Gateway Triangle
Community Redevelopment Area (CRA) and the Immokalee
Community Redevelopment Area (CRA) and publish the public notice
of the filing.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to authorize payment of $540,063.82 to Ashbritt
Environmental for vactor trucks and equipment, and
services/equipment to prepare disaster debris management sites and
residential debris drop-off sites for the collection and processing of
Hurricane Irma storm related debris.
2) Recommendation to approve the selection committee rankings and to
authorize entering into contract negotiations for Request for
Professional Services #17-7117, “South County Regional Water
Treatment Plant Reactor Tank No. 4,” Project #70135, with the top-
ranked firm, Carollo Engineers, Inc.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve a Release of Lien to combine release of
39 separate liens for a combined amount of $186,291.98 for properties
developed by Habitat for Humanity of Collier County, Inc. that have
remained affordable for the required 15-year period set forth in the
State Housing Initiatives Partnership (SHIP) Impact Fee Program.
2) Recommendation to approve an Agreement for Sale and Purchase
with Theodore Romak, Thomas Romak, Tracy Romak, Terry Romak,
and Toby Grudinskas, for 1.14 acres under the Conservation Collier
Land Acquisition Program at a cost not to exceed $7,100.
3) Recommendation to adopt a resolution to implement lien compliance
and a collection procedure for all housing programs administered by
the Community and Human Services Division (CHS).
4) Recommendation to approve an after-the-fact electronic grant
application submittal in the amount of $200,000 to the Community
and Human Services Division (CHS) FY2018/2019 Housing and
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Urban Development (HUD) Community Development Block Grant
(CDBG) for the replacement of the Immokalee Community Park
existing playground with an ADA Compliant playground.
5) Recommendation that the Board of County Commissioners (Board)
authorizes the Florida Fish and Wildlife Conservation Commission
(FWC), an Agency of the State of Florida, to use the Isle of Capri
Paddlecraft Park to store derelict vessels caused by Hurricane Irma,
and to authorize the County Manager to extend the authorization as he
deems it appropriate.
6) Recommendation to approve the Authorizing Resolution and to
provide after-the-fact approval for the submittal of the FY18-19
Shirley Conroy Rural Area Capital Equipment Support Grant in the
amount of $83,493 to the Florida Commission for Transportation
Disadvantaged (FCTD) for the procurement of one Ford Cutaway
Transit Vehicle.
7) Recommendation to approve the Second Amendment to the
Subrecipient Agreements with Youth Haven Inc. and Immokalee
Community Redevelopment Agency, both with Collier County, to
extend each agreement’s time of performance.
8) Recommendation to approve a Transportation Coordination
Agreement with Easter Seals Florida, Inc.
9) Recommendation to approve Change Order #6 for Contract #15-6437
Vanderbilt Beach Utility Conversion Services with MasTec, Inc. to
increase the contract amount by $460,904.27 with a revised
completion date of December 1, 2019, for the Vanderbilt Beach
Municipal Services Taxing Unit (MSTU) Utility Conversion Project
Phase II and III, due to the coordination efforts with the Water, Sewer,
and Stormwater replacement project in the same.
10) Recommendation to approve an Award for Invitation to Bid (ITB)
Number 17-7220R “Hunter-Coronado Irrigation Control Upgrade” to
Stahlman-England Irrigation Inc., and authorize the Chairman to
execute the attached Agreement.
11) Recommendation to approve an “after-the-fact” Amendment,
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attestation statement and Budget Amendment for the Older Americans
Act Program (OAA) Title III from Area Agency on Aging for
Southwest Florida, Inc. (Agency) to reflect the final FY17 grant
funding amount. (Net Fiscal Impact of $8,708.86 in program funds
and local match funding of $967.66).
12) Recommendation to approve after-the-fact submittal of the Request
for Proposal (RFP) to the Area Agency on Aging for Southwest
Florida Inc. (AAA) for Lead Agency Designation.
13) Recommendation to approve an Amendment to the Memorandum of
Understanding (MOU) with the Marco Island Historical Society,
which outlined each organization’s roles and responsibilities in
hosting a temporary exhibit of significant artifacts found on Marco
Island during the 1896 Pepper-Hearst Archaeological Expedition at
the Marco Island Historical Museum, by delaying the implementation
of the February 13, 2018 Fee Policy and Standard Museums Rental
Agreement for the Collier County Museums Division at the Marco
Island Historical Museum location until after the period of the loans.
14) Recommendation to Award Invitation to Bid (ITB) No. 17-7154 for
Structural and Mechanical Pool Contractors to Omni Aquatics Inc., to
provide on-call and urgent maintenance, equipment repair work for
components of the Parks and Recreation Division's pool and
interactive water feature facilities.
15) Recommendation to approve the selection committee rankings and
authorize entering into negotiations with Davidson Engineering, Inc.
for a contract related to Request for Proposal (RFP) Number 17-7199,
“Design Services Collier County Sports Complex.”
16) Recommendation to approve a Second Amendment to the Agreement
between Collier County and Big Cypress Housing Corporation
(BCHC) to change the method of payment from a loan disbursement
to a reimbursement for services method of payment and extend the
performance date of the contract.
17) Recommendation to approve the submittal of revised FY17 Section
5310 grant application pages to the Florida Department of
Transportation (FDOT) for additional equipment to add one mobile
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radio and one paratransit vehicle. (Anticipated Fiscal Impact $10,977)
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to authorize the purchase of an additional cardiac
mo nitor and mechanical compression device to equip a growth unit
for Collier EMS at an estimated cost of $70,000.
2) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement and Release of Claim #22-09171706535 filed
by Terrance P. Smith and Ginny L. Smith in the amount of $160,000.
3) Recommendation to extend the term of the Interlocal Agreement
between Collier County and the City of Everglades City, relating to
damage caused by Hurricane Irma, to September 30, 2018.
4) Recommendation to approve the sale and disposal of surplus assets
per Resolution 2013-095 for the sale of Collier County Surplus
property on April 21, 2018; approve the addition of surplus items
received subsequent to the approval of this Agenda Item for sale in the
auction; and authorize the County Manager or designee to sign for the
transfer of vehicle titles.
5) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement.
6) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2017-18 Adopted Budget.
2) Recommendation to approve Amendment #2 to Agreement #16-7008
in support of the 2018 US Open Pickleball Championships up to the
amount of $122,500 for operating costs including facility use fees and
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March 27, 2018
staff overtime and make a finding that these expenditures promote
tourism.
3) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to donate surplus vehicles to the City of Everglades
City. (Commissioner McDaniel)
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to appoint Commissioner McDaniel and
Commissioner Saunders to the Collier County Canvassing Board for
the 2018 Election Cycle.
2) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between March 1 and March 14, 2018 pursuant to Florida
Statute 136.06.
3) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of March 21,
2018.
K. COUNTY ATTORNEY
1) Recommendation to approve a Joint Motion and Stipulated Final
Judgment in the amount of $11,500 for Parcel 335RDUE, in the
lawsuit captioned Collier County v. Priscilla Dias, et al, Case No. 16-
CA-1393, required for the Golden Gate Boulevard Expansion Project
No. 60145. (Fiscal Impact: $10,970)
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March 27, 2018
2) Recommendation to approve a Joint Motion and Stipulated Final
Judgment in the amount of $10,000 for Parcel 437RDUE, in the
lawsuit captioned Collier County v. Kinh Thi Pham, et al, Case No.
17-CA-1473, required for the Golden Gate Boulevard Expansion
Project No. 60145. (Fiscal Impact: $6,500)
3) Recommendation to reappoint three members to the Immokalee Local
Redevelopment Advisory Board.
4) Recommendation to appoint one member to the
Historic/Archaeological Preservation Board.
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
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A. Recommendation to adopt an Ordinance amending Ordinance No. 2012-36,
which established the Hacienda Lakes Community Development District, in
order to contract the external boundaries of the District from 615.2 acres to
391.06 acres.
B. Recommendation to adopt an ordinance which would amend Ordinance No.
2002-27, as amended, relating to the Pelican Bay Services Division Board,
by eliminating the requirement of the rotation of the chair and vice chair,
which was implemented by Ordinance No. 2013-19, and return to the
original selection process of the chair and vice chair as set forth in
Ordinance 2002-27, as amended.
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2017-18 Adopted Budget.
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March 27, 2018
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
March 27, 2018
Page 2
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN SOLIS: Thank you, Mr. Manager.
Welcome, everyone, to the Board of County Commissioners
meeting.
We'll begin today with our invocation by Reverend Beverly
Duncan of the Naples United Church of Christ.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE
REVEREND DUNCAN: Good morning. Let us pray.
Holy one, today is the day you have made, and we're thankful for
it. Help us to use it wisely and well in all we do. May we be guilty of
committing at least one act of kindness as we deliberate and otherwise
go about our work and this day.
We remember this morning our schools and our young people
even as we have been moved and inspired by their words and actions
that past weekends. We pray for their safety, their future and, indeed,
their lives.
Watch over each one here today that they might remember who
they are and whose they are when all is said and done. May our
commissioners look around and beyond themselves in all they do for
our Collier County and its citizens now and each time they put
themselves out there, take risks, and do their best.
So in gratefulness for life and all its challenges, we pray. Amen,
shalom, salaam.
CHAIRMAN SOLIS: Commissioner Taylor, would you lead us
in the pledge.
(The Pledge of Allegiance was recited in unison.)
March 27, 2018
Page 3
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA.) - APPROVED AND/OR ADOPTED W/CHANGES –
APPROVED; ITEM #11H TO REMAIN ON THE AGENDA AND
COMMISSIONER SOLIS ABSTAINED FROM VOTING ON ITEM
#16A9 AND ITEM #16A10
MR. OCHS: Good morning, Commissioners. These are the
proposed agenda changes for the Board of County Commissioners
meeting of March 27, 2018.
The first proposed change is to continue Item 11C to the next
board meeting -- excuse me -- to the April 24th BCC board meeting.
That continuance is made at the staff's request.
The next proposed change is to continue Item 11H to the April
10th BCC meeting. That is the discussion on the one-cent sales tax
referendum. That is made at Commissioner Taylor's request.
We have one other continuance this morning to announce,
Commissioners, and that is to continue companion Items 11B and 11I.
That is the Clerk's internal audit and the follow-on management
responses. That continuance was made at Commissioner Saunders'
request.
COMMISSIONER SAUNDERS: Mr. Chairman, in reference to
those last two items, I did have a meeting with the Clerk and with Ms.
Kinzel and with the EII folks, and we have a process in place. I think
all the parties have agreed that we should continue all the discussion
today to our next meeting. They will continue to meet. So I would
request that those two items be continued.
I do want to discuss the issue of the infrastructure surtax. I'm not
March 27, 2018
Page 4
sure why that would be continued.
COMMISSIONER TAYLOR: Okay. I'd be glad to tell you.
Late last week we had a meeting and conference call -- it was all of the
above -- with the environmental community, Nicole from the
Conservancy and Clarence Tears, and Mr. Stack (sic) from the
Southwest Florida -- I'm sorry. I've lost the name of it.
COMMISSIONER McDANIEL: Mr. Slack.
COMMISSIONER TAYLOR: Yes, Slack.
And in that conversation, it was clear that there is some
misunderstanding. There is a very great interest on the part of Mr.
Barton who was not able to attend this meeting, and Mr. Tears and Mr.
Slack, to bring something green into this, to talk about, perhaps,
dispersion of water from the Golden Gate Canal which would help
Naples Bay.
And the feeling in that conversation and subsequent conversations
as recently as last night, there are too many moving parts. The request
is to allow this to be discussed as a group within the next two weeks
and then April 10th bring this back for a final review. And at that time
-- I think there are many questions that both sides have, and it seemed
to be the most prudent thing to do at this point.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN SOLIS: Yes.
COMMISSIONER SAUNDERS: I did meet with Mr. Barton.
And the proposal is a very interesting one, but it's not one that will fit
into the infrastructure sales tax. It's too many unknowns. There's really
no project that's been identified.
I would suggest that we move forward with the sales tax as
written. And then on that particular issue, I think it's a very important
one that we should discuss but not as part of this infrastructure surtax.
So I would object to it being continued this morning.
COMMISSIONER TAYLOR: The issue would be to bring it
March 27, 2018
Page 5
into -- which has been discussion that the environmental -- recently as
the Audubon -- Brad Cornell brought forward -- is to put this concept
under the Watershed Management Plan that we have for Collier
County. There's a question whether it would fit or would not fit, and
the request is to allow both sides to explore it and then discuss it in two
weeks.
COMMISSIONER SAUNDERS: Mr. Chairman, that's my
position on it is that it's not -- and, of course, we can hear from staff,
but I don't think it's a project that can fit into that surtax. Even though
it is a good concept, it's just not one that's ripe for consideration.
CHAIRMAN SOLIS: Anyone -- any other comments?
(No response.)
CHAIRMAN SOLIS: Light's not on.
COMMISSIONER FIALA: Are you shaking your head yes?
COMMISSIONER McDANIEL: Well, I am shaking my head,
because -- is the specificity in this language that we're looking at today
with regard to the -- and we all know how I feel about the sales tax
thing without going into that, but my understanding was that there
were still some -- going to be some discussions about the prioritization
and/or the actual delineation of the expenditure of those monies if, in
fact, the tax were to pass, the referendum were to pass.
COMMISSIONER TAYLOR: What do you mean? More
discussion after it passed?
COMMISSIONER McDANIEL: After we vote today to move
the language forward to actually develop the referendum for the ballot,
I was under the impression that there was still latitude there in what
we're voting on today to allow us to adjust the expenditures.
CHAIRMAN SOLIS: Mr. Manager?
MR. OCHS: Are we going to -- I don't believe that that was the
staff's intention today, Commissioners. We were hoping to get not
only the ballot language and the ordinance draft but the list -- at least
March 27, 2018
Page 6
the county's list finalized.
There is some flexibility inside the ordinance to allow within the
categories some movement if something changes. But if you're
referring, Commissioner McDaniel, to adding a green element or
something of that effect, there was not that intention --
COMMISSIONER McDANIEL: Okay.
MR. OCHS: -- today. But, again, hopefully if we do hear the
item, we can get into that discussion in a little more detail. You always
have that option during the course of the discussion of the item.
COMMISSIONER McDANIEL: Sure.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: I hadn't had anybody call me. I
didn't realize that the green world --
COMMISSIONER McDANIEL: Up to the mike, please.
COMMISSIONER FIALA: Oh, I'm so sorry. I didn't realize that
the environmentalists were thinking that way, so -- and being that I
haven't been able to ask any questions about what they wanted to do or
something, it's kind of hard for me to guess -- second guess whatever
they're wanting to do.
CHAIRMAN SOLIS: Well, I'm sorry.
COMMISSIONER FIALA: Go ahead.
CHAIRMAN SOLIS: And I would just like to say that, you
know, I agree with Commissioner Saunders. You know, we started out
with a green component to this proposal and was urged, in no uncertain
terms, to remove it. And I think we're just way too far down the road.
We need to approve the ordinance and move forward if we're really
going to do this. I think we're just too far down the road to start
bringing back proposals that, you know, need a lot of work, I would
think.
And so I'm not in favor of continuing the item either just on the
basis that we need to move forward.
March 27, 2018
Page 7
COMMISSIONER TAYLOR: I just want you to know, sir, that
you're -- you echo the Conservancy's position exactly.
CHAIRMAN SOLIS: That we should move it forward?
COMMISSIONER TAYLOR: Well, that this may be too late.
There may not be time enough to fully vet and have an approved "this
is going to work" watershed program that we can fund. There are so
many unknowns, but at the same time there was a discussion by Mr.
Tears, who you know is extremely involved, very closely involved
with the Everglades restoration, the Picayune Strand. I mean, he ate
and slept that. And his point was, look, we have to start somewhere.
Please give us time. And that's why I brought this forward. And I
don't see how two weeks is going to make that big a difference.
And, certainly, if there is a -- there is not an -- this is not going to
be an easy discussion, but to me it's too important not to have this
element. And if you remember, Conservation Collier -- the folks for
Conservation Collier said, no, we don't want this here, but you've got a
watershed plan. You could put that in, and it never -- never was
brought forward.
CHAIRMAN SOLIS: Well, again, I think we've been discussing
the list for some time. We've made changes to it and removing things.
You know, I just don't want to delay it any further. I mean, if we can
at least move forward with the ordinance and -- move that forward and,
you know, if the proposal can be put together in a couple weeks or
something and we can look at it, I guess there's always time to put
something in the list. But I just think we're too far down the road to
start opening the door for other things. I mean, what else is going to
come up to be put on the list?
Commissioner Saunders.
COMMISSIONER SAUNDERS: Mr. Chairman, I'm going to
make a motion to continue the items that were outlined by the Manager
with the exception of the item dealing with the infrastructure surtax;
March 27, 2018
Page 8
that we keep that on the agenda. If Commissioner Taylor wants to
discuss the project at that time, that's fine. If she wants to bring it back
at a future date, that's fine. But the motion is to continue the items
other than that one item at this point.
COMMISSIONER McDANIEL: I'll second that motion. And,
Commissioner Taylor, I did meet with Mr. Slack and Clarence
yesterday afternoon as well and shared the similar sentiment that you
were discussing that it's -- I mean, we can certainly talk about it today
when we hear the item, but it's a bit tardy.
COMMISSIONER TAYLOR: That's fine.
CHAIRMAN SOLIS: Yeah. And I met with Mr. Barton and Mr.
Slack as well, and I think it's a good idea. It's just -- we're just too far
down the road.
Okay. So there's a motion and a second.
MR. OCHS: Mr. Chairman, if I may. With regard to that, if that
item stays on the agenda, it was also requested for a 9:30 a.m.
time-certain hearing by Commissioner Taylor. So we have that item
scheduled for 9:30, and Item 13A, which is the presentation of your
Comprehensive Annual Financial Report scheduled for 10 a.m.
And those are all the changes I have, sir.
COMMISSIONER SAUNDERS: I'll include that in the motion,
Mr. Chairman.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: Very good. So there's a motion and a
second. Any discussion?
(No response.)
CHAIRMAN SOLIS: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
March 27, 2018
Page 9
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
COMMISSIONER McDANIEL: Fifteen minutes to figure out
the agenda.
COMMISSIONER TAYLOR: Pardon me?
COMMISSIONER McDANIEL: I was talking to myself, and the
microphone's on.
COMMISSIONER SAUNDERS: That's dangerous when you
start talking to yourself into the microphone.
COMMISSIONER TAYLOR: And I voted against myself, but
that's because I can count to three.
MR. OCHS: Mr. Chairman, it would be appropriate now to do
any ex parte for your consent and summary agenda.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: I have none.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. Items No. 9A and 9B --
COMMISSIONER McDANIEL: Those are not consent and --
COMMISSIONER FIALA: Oh, I'm sorry. You're absolutely
right.
CHAIRMAN SOLIS: Just consent.
COMMISSIONER FIALA: I wasn't even looking. Sorry about
that. None.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: No, nothing.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: I have nothing.
CHAIRMAN SOLIS: I don't have any ex parte disclosures, but I
do -- I have a conflict on 16A and 16.9 (sic), and I'll be abstaining from
March 27, 2018
Page 10
voting on those.
COMMISSIONER McDANIEL: 16 what?
CHAIRMAN SOLIS: 16A9 and 16A10. Sorry if I misspoke.
MR. OCHS: Do we need another motion, County Attorney, or
are we good?
MR. KLATZKOW: We're good.
Proposed Agenda Changes
Board of County Commissioners Meeting
March 27, 2018
Continue Item 11C to the April 24, 2018 BCC Meeting: Recommendation to reestablish the
“Tickets to Ride” Program and authorize staff to develop a use agreement with participating
locations for Collier County citizens recreational amenities for All-Terrain Vehicle (ATV) use in
Southwest Florida at a cost not to exceed $20,000 annually and suspend site evaluations. (Staff’s
request)
Continue Item 11H to the April 10, 2018 BCC Meeting: Recommendation to approve the
attached draft ballot language and ordinance for the Infrastructure Surtax or One-cent Sales
Tax referendum to be on the General Election ballot November 6, 2018; and authorize the
County Attorney to advertise the ordinance for a final reading and direct the County
Manager to begin public education about the process and the proposed projects in an amount
not to exceed $100,000. (Commissioner Taylor’s request)
Time Certain Items:
Item 11H to be heard at 9:30 a.m.
Item 13A to be heard at 10:00 a.m.
3/27/2018 8:32 AM
March 27, 2018
Page 11
Item #3B
AWARDS AND RECOGNITIONS – 20 YEAR ATTENDEES
MR. OCHS: Okay. Commissioners, that takes us on to Item 3
this morning, Employee Service Awards. If the Board would be good
enough to join us in the front of the dais.
COMMISSIONER McDANIEL: We'd be happy to. This is our
favorite part.
MR. OCHS: Commissioners, we are pleased to celebrate two
employees this morning celebrating 20 years of service with county
government. Our first service award recipient with 20 years of service
in our Transportation Administration Division, Jeanne Marcella.
(Applause.)
MR. CASALANGUIDA: Don't cry.
(Applause.)
COMMISSIONER TAYLOR: The voice of Nick Casalanguida.
COMMISSIONER FIALA: She's lovely to everybody, I'll tell
you, no matter where she go around this county.
MR. OCHS: Also celebrating 20 years of service with our Road
Maintenance Department, Juan Mesa. Juan?
(Applause.)
MR. OCHS: Congratulations.
(Applause.)
MR. OCHS: Commissioners, that concludes our service awards.
Thank you very much.
Item #4A
PROCLAMATION HONORING THE WORK OF THE CANCER
ALLIANCE OF NAPLES AND EXPRESSING BEST WISHES
March 27, 2018
Page 12
FOR ANOTHER SUCCESSFUL YOGACAN EVENT. ACCEPTED
BY JODI BISOGNO, DIRECTOR OF THE CANCER ALLIANCE
OF NAPLES AND ANGELA GOODNER, CO-CHAIR OF
YOGACAN 2018 – ADOPTED
MR. OCHS: Mr. Chairman, we move to this morning's
proclamation. Item 4A is a proclamation honoring the work of the
Cancer Alliance of Naples and expressing best wishes for another
successful YogaCAN event. To be accepted by Jodi Bisogno, Director
of the Cancer Alliance of Naples; Angela Goodner Co-Chair of
YogaCAN 2018; Molly Graves of Practice Yoga, Naples; Michelle
Falco of It Starts With You Wellness; and Susan Carlson of BKS
Yoga. If you'd please step forward.
(Applause.)
MR. CASALANGUIDA: There's always one thorn in the roses.
CHAIRMAN TAYLOR: If there's any want-to-be yogis out
there, this is a great event.
MS. BISIGNO: Well, even if you're not a yogi, there's some
other things you can participate in.
First I'd like to say thank you to all of you. Many of you sitting up
there are big supporters of CAN and have been in the past in many
different capacities. So thank you for allowing us -- this is our third
year that we've had our proclamation; our very first, sort of, county
recognition for people to get to know us.
And YogaCAN is in its fifth year, so we are celebrating our fifth
year. And what started in a parking lot five years ago in honor of Jean
Waltzer, who at the time was battling her fight for -- in her fight for
cancer, really has grown every year to raise, as of this year, over a
quarter of a million dollars for the Cancer Alliance of Naples.
What started with her simple declaration that they were the lucky
ones during their fight, they had access to resources, medical care.
March 27, 2018
Page 13
They had the financial means; they had community.
What Cancer Alliance does is we sort of help those who don't
have all of those resources. So during their time of treatment, whether
a child or adult, we can step in and help them pay the bills while
they're in cancer treatment.
So YogaCAN is really one of those things that is an avenue for us
to not only raise awareness but also raise dollars in the local
community.
And what sets us apart from any other charities is it is all local.
So anything that we raise here stays here to help our family, our
friends, and our loved ones during their fight for cancer.
So we don't do that without all of you and the people that support
us in our efforts. And YogaCAN is a community event that just brings
everyone together, all levels, whether you practice or not, on April 8 at
the Naples Beach Hotel, which is hosted there, and then we also have a
sunset social the night before. So if you don't do yoga but you like to
maybe have a nice drink, cocktail, and mingle, we also have an event
the evening before for those people who do not do yoga.
So we appreciate being here and all of you for all that you do to
support us, and thank you very much.
(Applause.)
CHAIRMAN SOLIS: I'd just like to recognize Dr. Joel Waltzer
as well. I know he wanted to be here, but I don't think he could be here
this morning, so it's a great event.
COMMISSIONER FIALA: Is Dr. Joe Walter a --
CHAIRMAN SOLIS: Joel Waltzer.
COMMISSIONER FIALA: Yeah. Is he a cancer specialist?
COMMISSIONER TAYLOR: No, he's a dermatologist.
CHAIRMAN SOLIS: He's a dermatologist, but his wife Jane
(sic) died of cancer recently.
COMMISSIONER FIALA: Oh, I see.
March 27, 2018
Page 14
MR. OCHS: Commissioners, that moves us to today's advertised
public hearing. We'll hear Items 9A and 9B together as companion
items.
Item #9A
DEVELOPMENT ORDER AMENDMENT 2018-01/RESOLUTION
2018-64: AFFIRMING THE DECISION OF THE COLLIER
COUNTY PLANNING COMMISSION AND APPROVE A
RESOLUTION AMENDING DEVELOPMENT ORDER 88-02, AS
AMENDED, THE CITY GATE COMMERCE PARK
DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR
SECTION ONE: AMENDMENTS RESTORING LANGUAGE
FROM THE ORIGINAL DEVELOPMENT ORDER 88-02 AND
PROVIDE TRAFFIC CONVERSIONS, WITHOUT INCREASING
THE OVERALL BUILDOUT TRAFFIC; AMENDMENT TO
REGULATIONS PERTAINING TO VEGETATION AND
WILDLIFE/WETLANDS TO REMOVE THE 2.47 ACRE
WETLAND “PRESERVE” REQUIREMENT; AMENDMENT TO
REMOVE PHASING SCHEDULE AND OBSOLETE
DEVELOPMENT RESTRICTIONS; AMENDMENT TO MASTER
DEVELOPMENT PLAN; EXTENSION OF TERMINATION
DATE; AND AMENDMENT TO ALLOW FOR BIENNIAL
REPORTING; SECTION TWO: FINDINGS OF FACT
INCLUDING REVISED LEGAL DESCRIPTION AND
CORRECTION OF ACREAGE; SECTION THREE:
CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF
PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC
OPPORTUNITY AND PROVIDING AN EFFECTIVE DATE -
MOTION TO APPROVE MODIFICATIONS TO ITEM #9A & #9B
March 27, 2018
Page 15
AS PRESENTED BY THE COUNTY MANAGER – ADOPTED
Item #9B
ORDINANCE 2018-13: AN ORDINANCE AMENDING
ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK
PLANNED UNIT DEVELOPMENT, TO REVISE THE LEGAL
DESCRIPTION AND CORRECT THE ACREAGE OF THE
MPUD; TO UPDATE THE MASTER DEVELOPMENT PLAN
INCLUDING DESIGNATING A LAKE/RECREATIONAL AREA,
ADDING EXTERNAL ACCESS POINTS ALONG THE EASTERN
MPUD BOUNDARY AND ADDING THE COLLIER COUNTY
SPORTS COMPLEX; TO PROVIDE CONVERSIONS TO ALLOW
ADDITIONAL HOTELS AND MOTEL UNITS AND THE
DEVELOPMENT OF THE COLLIER COUNTY SPORTS
COMPLEX, WITHOUT INCREASING THE OVERALL
ORIGINALLY APPROVED BUILDOUT TRAFFIC; TO PROVIDE
DEVIATIONS FOR SIGNAGE, FLAGPOLES, PARKING AREAS,
LANDSCAPE AREAS AND BUFFERS, ARCHITECTURAL
REVIEW STANDARDS, NATIVE VEGETATION AND WATER
MANAGEMENT; TO CLARIFY PERMITTED USES AND ADD
DEVELOPMENT STANDARDS FOR THE SPORTS COMPLEX,
INCLUDING BUILDING HEIGHTS; TO UPDATE BUILDING
HEIGHTS ELSEWHERE IN THE MPUD; TO REMOVE
OUTDATED COMMITMENTS; TO ADD EXHIBITS
INCLUDING EXHIBIT A-3 PERMITTED USES BY SIC CODES,
EXHIBIT A-4 CROSS SECTIONS-NORTH BUFFER, EXHIBIT A-
5 SIGN DEVIATION EXHIBIT, AND EXHIBIT A-6 REQUIRED
YARD PLAN; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE –
ADOPTED
March 27, 2018
Page 16
MR OCHS: Item 9A is a recommendation to approve a
resolution amending the City Gate Commerce Park Development of
Regional Impact, and Item 9B is a recommendation to approve an
ordinance amending the City Gate Commerce Park Planned Unit
Development.
Mr. Chairman, all participants are sworn in and ex parte
disclosure to be provided by commission members, please.
CHAIRMAN SOLIS: Commissioner McDaniel.
MR. OCHS: I'm sorry. Mr. Chairman, also I failed to mention,
these two items are also a companion item to 11F on this morning's
agenda, and we will hear that item immediately following these two
items.
COMMISSIONER McDANIEL: And because they're
companions, I only have a declaration on 9B, and it's meetings, files,
correspondence, and emails.
COMMISSIONER FIALA: I grouped in 9A and 9B because I've
spoken with Nick Casalanguida and Leo and Ron Rice about this over
time, and I can't separate which ones I talked about, so I'm including
both of them.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: Numerous meetings,
correspondence, emails, calls going back to early 2014. It's hard to
believe. Visited the site on numerous occasions, walked the site. I
think that would cover it. Thank you.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: I don't have any ex parte
communications on it.
CHAIRMAN SOLIS: Thank you.
And I have meetings with Mr. Rice, Roger Rice, John Stinhauer,
Teryl Brzeski, and just emails and electronic communications. So
March 27, 2018
Page 17
that's all I have 9B.
COMMISSIONER McDANIEL: Mr. Chair, may I go out of
order one moment?
CHAIRMAN SOLIS: Sure.
COMMISSIONER McDANIEL: I was asked by the mayor of
Everglades City this morning, who was not able to come to our
meeting, to express gratitude to you-all for approval of the contribution
of our excess vehicles to the City of Everglades. He wasn't able to be
here. And it went through on the consent agenda, and I just wanted to
say that out loud for and on behalf of the residents of Everglades and
the mayor himself to express our gratitude for your assisting with that.
So thank you. Forgive me for --
CHAIRMAN SOLIS: Absolutely.
COMMISSIONER McDANIEL: -- going away from it. But I
wanted to say it.
COMMISSIONER FIALA: Worth it.
MR. OCHS: It's appropriate to swear in any participants at this
point, please.
(The speakers were duly sworn and indicated in the affirmative.)
MR. FRUTH: Good morning, Commissioners.
For the record, Josh Fruth with Davidson Engineering.
I have a short presentation I want to go through with you guys,
but first I need to start with thanking a lot of people to get to today.
This was a hard PUD, and we cleaned it up really well. County
Manager's Office, County Attorney's Office, Matt McLean, Jamie, and
Nancy and staff from Growth Management, my office, and thank you
as well for where we are today.
With that, a short presentation, as I mentioned. We're here for the
City Gate Commerce Park PUD location. I'm sure you guys are very
familiar with it, but doing it for the record and anybody watching.
Located at I-75 and 951 at the Exit 101. There's Golden Gate, Pine
March 27, 2018
Page 18
Ridge, and Immokalee Road.
City Gate's got about an 8-mile radius between the center of the
project to Everglades and then out to the beaches. Neighboring
properties include Collier County's Resource Recovery Business Park,
we see on the pointer here, the 305 parcel, the landfill, to the west is
951, and I-75, as we previously mentioned.
Just a few items that I wanted to cover coming out of the CCPC
hearing. The sports complex standards and regulations, one of the key
items highlighted in the green box that we added. The hours of
operation, we noted those at the CCPC hearing a couple weeks ago.
Sunday through Thursday 7 a.m. to 10 p.m. Weekday holidays are
recognized by the Collier County Government and are subject to
Friday and Saturday time schedules. Friday and Saturday is 7 a.m. to
12 a.m. And the weather-related delays will extend those hours of
operation.
A couple key components that we're going to get into right now
just to add is that amplified sound will face to the south, and we will
implement Dark Skies. The lighting basics will apply to the sports
complex project.
Also, in the permitted uses one of the key items that was added,
there were questions at the CCPC hearing -- and this is, again, related
to sound -- about bands, orchestras, concerts. And the key element
there is that the sports complex project, the contract purchaser will be
limited to 20 events, one per weekend. Anything above 20 will require
a temporary-use permit.
As part of coming out of CCPC, there were some questions raised
by residents regarding sound and lighting. I asked, as part of my
sub-consultant team, which is on your consent agenda today for the
sports complex -- Davidson Engineering will be assisting Collier
County on that. I asked my sub-consultant, Populous, who is a
premiere sports consultant architecture landscape planning firm, to
March 27, 2018
Page 19
take a look at lighting on past projects and provide some backup to
that.
And in front of you is a memo which is part of the record, and
what they did was they took regular lighting, which is similar to
complexes in Collier County now, and we compared it to the Dark
Skies in site specific, you know, cutoffs and LED lighting.
You can see the difference in how the field is lit, the two in front
of you. In this particular project, this is in Kansas City, outside of
Kansas City in Missouri, you do not see -- notice you do not see that
silo on the right portion of your screen.
A view away, the spillover lighting is key. The cutoff optic are
the big items with the lighting that we will be looking at for the sports
complex project. Again, you can see the spillover lighting, the cutoff
as you back away.
And I think this is probably one of the best ones. In, you know,
the photo on your left, you see the track in the complex and actually
the stadium seating. But when you implement the Dark Skies basics,
you know, it cuts off. It's basically end zone to end zone.
Sound was another question at CCPC. And Populous, again, in
coordination with myself, we had a sound consultant on many of their
old projects, and they reviewed sound. And a couple of the key
elements that, at CCPC, we noted, County Manager's Office, as
contract purchaser, through you guys, we noted that, you know, there
will be no amplified sound to the north.
And one of the two elements that we could review is a sound
cluster system on the north end of the stadium. Basically what that
means is the cluster system projects toward the south but to the north
would be blocked off different than the way some sound systems, even
in the professional sports, is used today. But on this amateur complex
we would focus on that or a distributed audio system, which is more
site specific to the sections of seating which decreases dramatically the
March 27, 2018
Page 20
noise pollution.
One of the other items is part of the packet in front of you guys.
There's a caretaker residence -- residences. They've always been part
of the City Gate PUD. The only clarification was the cap on the
number and to allow for detached or attached caretaker residences. In
this case for the sports complex it would be similar to the school board
and, because of the size of the complex to give the contract purchaser,
Collier County, the flexibility for security, on-site security in the
evenings and those items.
That's all I have. I'm going to open it up for questions. And
hopefully we can answer any questions that you have.
Thank you very much. And I also want to thank the CCPC and
Mark Strain as well. I failed to do that. That was -- through the two
hearings, it was a big process. Thank you very much.
COMMISSIONER McDANIEL: It was.
MR. OCHS: Mr. Chairman, would you like to hear from staff
now unless there's board questions?
CHAIRMAN SOLIS: Staff or the public?
MR. OCHS: Staff.
CHAIRMAN SOLIS: Sure.
MR. OCHS: Nancy?
MS. GUNDLACH: Good morning, Commissioners.
I'm Nancy Gundlach, Principal Planner with the Zoning Division,
for the record.
And this morning staff has a few items I'd like to get on the
record, and your DOA resolution that was attached to your agenda was
missing Exhibits A, B, and C, and that is the master plan, the legal
description, and the notice of proposed change. Those exhibits will be
attached to the final DOA resolution. And also we have some
proposed language that we would like to add into the PUD ordinance,
and it's shown on the visualizer right now. And if you'd like, I can read
March 27, 2018
Page 21
it or not.
MR. OCHS: Go ahead.
MS. GUNDLACH: Go ahead and read it. Okay.
For PUD Section 2.7 -- and this is the language that's going to be
added at the end of the first paragraph -- any sign exceeding the
requirements of PUD Section 2.7 3 through Section 2.7 12 may be
approved by a supermajority vote by the Board of Collier County
Commissioners, and to PUD Section 3.2.A.3.e.4, special events permit
to exceed hours listed above may be approved by the Board of Collier
County Commissioners.
And with that, because these petitions are consistent with the
Growth Management Plan and the Land Development Code, staff is
recommending approval.
CHAIRMAN SOLIS: Okay. Commissioner Taylor?
COMMISSIONER TAYLOR: In the PUD, you mentioned a
managing entity. Who is the managing entity?
MR. CASALANGUIDA: It's the City Gate Property Owners
Association. We put that language in as staff probably about seven
years ago working with Jeff and Heidi. When PUDs get fragmented,
and we deal with that a lot, we need one person to respond on behalf of
the commitments. So it's usually the property owners association.
COMMISSIONER TAYLOR: So the county would be part of
that?
MR. CASALANGUIDA: Would be part of that association that
would work through the City Gate Management Team.
COMMISSIONER TAYLOR: Okay. And another question --
and I searched and searched and cannot find it, so after three times I'm
going to give up.
But within the underlying changes in this ordinance, there was a
reference to a simple majority being required for a specific area, and I
cannot find that anywhere. And I understand we're changing from a
March 27, 2018
Page 22
supermajority, and I guess if we can't find it or if it's not there, that's
fine, but if it is, I just would ask, with agreement of my colleagues, that
we adhere to our uniform way of doing business here, and if it requires
a supermajority, it's a supermajority. We don't kind of give ourselves a
benefit here.
MR. FRUTH: Again, Josh Fruth.
This is related to -- Commissioner Taylor, this is related to
Deviation No. 8, which is for the sports complex project. The last
sentence of that deviation -- let me put it up on the projector.
COMMISSIONER TAYLOR: Oh, here it is. That's right, 8.
MR. FRUTH: I have the highlighted version, and, basically,
these highlights were through the CCPC hearings and distinguished
between what was added and removed. But the purple section, the
magenta section is hard to read on the visualizer, but it says, by simple
majority of the location. Basically, the right-of-way with further Board
of County Commissioners' approval by simple majority vote.
It relates to the directional signage for the sports complex project.
Go ahead.
MS. ASHTON-CICKO: The reason we proposed it that way --
Heidi Ashton-Cicko, for the record -- is because in this section you're
dealing with the land-rights issue, which is the county's going to allow
it in a certain location in the right-of-way, and we're the easement
holder of the public right-of-way in this instance. So that's why in that
case it's a simple majority.
MR. CASALANGUIDA: It's not a land-use decision.
COMMISSIONER TAYLOR: Okay. So it's not granting us any
kind of special privilege. It is just a matter of law?
MS. ASHTON-CICKO: Well, as the owner, holder of the
easement, it's whether you're going to allow it or not and, by
comparison, there are few instances through license agreement where
we've allowed some private entities when there's essential service
March 27, 2018
Page 23
involved to be located in the right-of-way. So it's consistent with how
we've treated those other ones.
But since the signage is most likely going to be the county's
signage in the right-of-way -- that's why it doesn't mention a license in
this case.
COMMISSIONER TAYLOR: It's coming for a vote rather than
being handled administratively?
MS. ASHTON-CICKO: Correct, because the policy has been
that when there's signage that's more of a commercial nature, before
the right-of-way permit is issued, it comes back to you so you can
approve the land-rights issue.
MR. KLATZKOW: It bypasses a variance process, essentially.
Without this language if you wanted to change the signage you'd have
to go through a variance process.
COMMISSIONER TAYLOR: Oh, okay.
MR. KLATZKOW: This way, rather than going through the
variance process, it will come directly to the Board. The only issue is
do you want three or four votes?
COMMISSIONER TAYLOR: What do we normally do if it was
someone else coming? Is it a four vote or is it a supermajority or is it a
simple majority?
MR. KLATZKOW: A variance is generally three votes, isn't it?
MS. ASHTON-CICKO: Correct, a variance is three. A PDI,
insubstantial change to a PUD, is four.
COMMISSIONER TAYLOR: Okay. So this would be
considered a variance?
MR. KLATZKOW: It's in lieu of a variance. But we could go
through the whole process with a variance and then require three votes
from the Board or just come to the Board.
COMMISSIONER TAYLOR: Fine. Thank you. I'm satisfied.
Thank you very much for that explanation.
March 27, 2018
Page 24
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Oh, yes. I just wanted to put on the
record, because I just noticed it -- and I'm fine with it, by the way. But
it mentioned caretakers' residences. And so yesterday, with meeting
Leo and Nick, I said, are we building residences on this property for
caretakers? And they explained to me, we're going to have a caretaker
on. Even though it says residences, if there is some facility or some
organization who wants to build a caretaker residence on the property,
they have the ability to do that, but it's not coming at taxpayer expense.
So I just thought I would mention that on the record just to clear that
up in case anybody else was looking at it, too.
Thank you.
CHAIRMAN SOLIS: Anything else?
COMMISSIONER FIALA: Nope.
CHAIRMAN SOLIS: I have a couple questions. One, could you
put the language that you had up before where it said -- on the --
coming to the Board, and it may be approved -- it says, may be
approved by a supermajority vote.
COMMISSIONER TAYLOR: Simple. Simple majority.
CHAIRMAN SOLIS: No, the one before that was -- that one.
And I am handicapped with a law degree, so I'll apologize in advance.
COMMISSIONER McDANIEL: That's twice you've said that.
CHAIRMAN SOLIS: Do we -- I mean, if -- it says "may." And
do we want that to be it can be done or it can be done some other way,
or do we intend to say "shall"? Is this a --
COMMISSIONER TAYLOR: Shall.
CHAIRMAN SOLIS: It's intended to be a requirement, right?
MR. CASALANGUIDA: Yes, sir.
CHAIRMAN SOLIS: So I'm wondering if we should not say
"shall." Okay. I'm sorry.
COMMISSIONER TAYLOR: That's not a handicap.
March 27, 2018
Page 25
MS. GUNDLACH: We can do that.
CHAIRMAN SOLIS: Okay. The other question I have -- and it
just occurred to me, and it was a conversation that Mr. Casalanguida
and I had after the hurricane was that there was some thought being
given to hardening some aspect of this for maybe a special-needs
facility in another event like a hurricane. And is everything that we're
doing going to allow for that? I just want to make sure that --
MR. CASALANGUIDA: Yes, sir. That's part of the final
design. Whether it's special need, whether it's for staff, we plan, when
we bring the field house component to the Board, having an option to
harden it. We'll have the cost identified then. And if the sales tax
provides that or the Board wants to support that, we will build that into
the project.
CHAIRMAN SOLIS: Okay. I just didn't know if there was
anything zoning-wise that we needed to take care of.
MR. CASALANGUIDA: (Shakes head.)
CHAIRMAN SOLIS: Okay. That's all I have. Thank you.
We've got public speakers.
MR. MILLER: Mr. Chairman, we have two registered public
speakers for this item. Your first speaker is Steve Carmichael, and he
will be followed by Sandy Thalheimer.
MR. CARMICHAEL: Well, thank you for having me. I
appreciate it very much.
I just want to say for the record that I'm 100 percent against this,
and one of -- the main reason is I live 650 feet from the back wall of
the caretaker's facility or the field house. So it's going to be right --
literally right in my backyard. So that's one thing. And all of the
participants of the public meeting that happened last November were
also against it.
There are -- Golden Gate High School's less than two miles away;
Golden Gate Middle School is less than two-and-a-half miles
March 27, 2018
Page 26
northwest; Lely High School is less than seven miles away. They have
all the same facilities that you're talking about. Golden Gate
Community Center and Golden Gate Park have far more facilities than
are going to be offered by this complex.
I'm going to cut it short because -- this is a letter that I wrote to
Nancy who said she put it in your opposition pile. You probably only
have one of those, and I'm probably it. I'm an old sound man, and I
appreciate the guys turning the speakers to the south. You're still
going to have splash-over. There's no way around it.
Lighting is the same thing. If this thing is going on from 7
o'clock in the morning -- I don't know how many of you have been part
of a sports team, but if the game starts at 7 o'clock in the morning, I
guarantee you the coaches are going to want them there at 6:30 in the
morning to do batting practice or whatever -- callisthenics, whatever,
warmup. So 650 feet from by backyard at 6:30 in the morning, I'm
going to be having bats and balls and whistles and all kinds of other
stuff.
There were -- seems to me there were a lot of different places this
could have been placed. If you were really proud of this facility, it
could have gone across on the west side of Collier on the two parcels
that make up the northwest and the southwest corners going into
Golden Gate High School and/or the corner of Collier and Davis,
southeast -- southwest corner of that. So that's available to you, too.
Closing, this isn't Field of Dreams where if you build it they will
come. This is a projected image. You're going to add 265,000 more
cars or more people into that product -- into that project. If you think
that's not going to impact anything, I would encourage all of you to be
there today at 5:30.
And, finally -- and I know I'm a little over time. Finally, when
could this have been stopped? And what I mean by that is the first time
the homeowners were ever aware of this was last November. I think
March 27, 2018
Page 27
Commissioner Taylor said this has been going on since 2014. When
was the public ever informed of that? I was never informed of that,
and I've been living there since 2007.
So I'm confused as to when we could have -- when the voice of
the people could have been heard. So thank you for that. I appreciate it
pretty much.
CHAIRMAN SOLIS: Thank you.
COMMISSIONER TAYLOR: Thank you.
MR. MILLER: Your final public speaker on this item is Sandy
Thalheimer.
MR. THALHEIMER: Hi. Thank you for having me.
I live, actually, next to Mr. Carmichael. I'm a competitive pistol
shooter. I've been involved in the sport. I'm one of the top super
seniors in the country. I shoot in the backyard every day to the tune of
about 100,000 rounds a year. I practice every day. The neighbors
know at 9 o'clock they expect to hear me shooting. I travel all over the
world doing it.
I built a really nice backyard range, but there are, like, five or six
backyard ranges on our street, and there's no standards for any of them.
Because I own a private club, I know how ranges need to be built, and
I know it's going to cost me close to 15-, $20,000 to upgrade my range
if we have this development on the other side of the canal.
And I didn't ask for this, but I don't really think it's fair that
because somebody's doing this, that I'm going to have to pay this
money or give up my sport, which I really don't want to do.
So it's just -- everybody on the street will be affected. I know
how it's going to affect me.
Thank you.
CHAIRMAN SOLIS: That was our last speaker?
MR. MILLER: Yes, sir.
CHAIRMAN SOLIS: Is there any other questions or discussion?
March 27, 2018
Page 28
COMMISSIONER FIALA: Have we worked with any of these
people to try and alleviate their problem?
MR. CASALANGUIDA: Yes, ma'am. As Josh pointed out, the
two things we did talk with them about is pointing the light down, full
cutoff optics, what we agreed to, and pointing the music to the south
and using clustered or distributed audio as the two components that are
there.
But, as you know, Commissioner, around the county, there's
probably seven or eight high schools that are in neighborhoods that
have this. And we did an extensive siting location study; came back to
the Board several times. We actually looked at North Collier, we
looked across the street. This is at the corner of I-75 and I-75 and 951
and, in essence, in a light industrial area that's in three different
directions.
There's probably no other location in the county that is more
suited for a place like this next to the highway.
So we have, you know, put it in our design features to be good
neighbors. But will you hear occasionally a band or something
playing, yes, ma'am, you will, but no louder, probably less loud than
the high schools that are there in the location in residential
neighborhoods.
CHAIRMAN SOLIS: Thank you.
Is there a motion?
COMMISSIONER TAYLOR: Make a motion to approve the
ordinance with the revisions as submitted by staff.
CHAIRMAN SOLIS: There's a motion. A second?
COMMISSIONER FIALA: Second.
MR. KLATZKOW: Just for classification, because you have
three items here, we can do them --
MR. OCHS: 9A and B.
MR. KLATZKOW: Yeah.
March 27, 2018
Page 29
MR. OCHS: Together?
MR. KLATZKOW: Yeah.
COMMISSIONER TAYLOR: We can. Items 9A -- I modify my
motion to include Items 9A and 9B.
COMMISSIONER FIALA: And my second.
MR. KLATZKOW: And, Mr. County Manager, were there any
changes to be made to the ordinance?
MR. OCHS: Only those that were noted earlier.
MR. KLATZKOW: Well, can we get that so we have absolute
clarification what's being changed.
COMMISSIONER McDANIEL: Just one word.
COMMISSIONER TAYLOR: No, no.
MR. CASALANGUIDA: With the word "shall" replacing "may"
in both sentences.
COMMISSIONER TAYLOR: And this is in addition to the
ordinance that was before us, so these changes. Yeah.
MR. KLATZKOW: And you still want supermajority on the
change, ma'am?
MR. CASALANGUIDA: For this section --
COMMISSIONER TAYLOR: No. I'm satisfied. I'm satisfied
that it did not require it before so, therefore, it does not require it with
this ordinance.
MR. OCHS: Thank you, Jeff.
Okay.
CHAIRMAN SOLIS: So there's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
March 27, 2018
Page 30
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: The motion carries.
Item #11F
A SECOND AMENDMENT TO DEVELOPER AGREEMENT
BETWEEN CITYGATE DEVELOPMENT, LLC, 850 NWN LLC,
AND CGII, LLC AND COLLIER COUNTY, AMENDING THE
PROVISIONS RELATED TO ROADWAY ACCESS, STREET
LIGHTING REQUIREMENTS AND TRANSPORTATION
CONCURRENCY VESTING – APPROVED
MR. OCHS: Mr. Chairman, that takes us to 11F. This is the
companion item. It's a recommendation to approve a second
amendment to the developer agreement between City Gate
Development and Collier County. And Mr. Casalanguida will present.
MR. CASALANGUIDA: Thank you, Mr. Manager.
This is one of the conditions precedent to closing that we would
lift the restrictions on City Gate. It clarifies some of the time of when
lighting and improvements to the City Gate Boulevard North will be
done and identifies that Brennan Drive and City Gate South will go
through the SDP process and not the right-of-way permit process.
Other than that, it is consistent with what we presented in the
prior agreement to the Board for the purchase and sale.
COMMISSIONER TAYLOR: Make a motion to approve.
COMMISSIONER FIALA: And I'll second.
CHAIRMAN SOLIS: There's a motion and a second. Any
discussion?
(No response.)
CHAIRMAN SOLIS: All in favor, say aye.
March 27, 2018
Page 31
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries as well. Thank you.
MR. CASALANGUIDA: Thank you, Commissioners.
MR. OCHS: Thank you, sir.
Item #11H
THE ATTACHED DRAFT BALLOT LANGUAGE AND
ORDINANCE FOR THE INFRASTRUCTURE SURTAX OR ONE-
CENT SALES TAX REFERENDUM TO BE ON THE GENERAL
ELECTION BALLOT NOVEMBER 6, 2018; AND AUTHORIZE
THE COUNTY ATTORNEY TO ADVERTISE THE ORDINANCE
FOR A FINAL READING AND DIRECT THE COUNTY
MANAGER TO BEGIN PUBLIC EDUCATION ABOUT THE
PROCESS AND THE PROPOSED PROJECTS IN AN AMOUNT
NOT TO EXCEED $100,000 - MOTION TO APPROVE
W/CHANGES: PROJECT LIST TO BE PLACED AS AN EXHIBIT
IN THE ORDINANCE WITH THE MINOR REVISION TO THE
BALLOT TO KEEP WITHIN THE 75 WORD LIMIT –
APPROVED
MR. OCHS: Commissioners, that takes us to the 9:30
time-certain. This is a recommendation to approve draft ballot
language and an ordinance for the infrastructure surtax, one-cent sales
tax referendum to be on the general election ballot on November 6th,
March 27, 2018
Page 32
2018; authorize the County Attorney to advertise the ordinance for a
final reading, and direct the County Manager to begin public education
about the process and the proposed projects in an amount not to exceed
$100,000.
Mr. Willig from the County Manager's Office will make a
presentation.
MR. WILLIG: Good morning, Commissioners. Jeff Willig, for
the record, County Manager's Office.
In your agenda packet we've provided to you an ordinance.
Basically, as you can see on the screen here, ordinance -- the ordinance
sets up the 1 percent, sets up the basic requirements for the referendum
and for the sales tax to occur, and it sets the expiration and the amount
that we intend to collect.
In that we also have ballot language. On the screen here I have a
crossed-out version. It was brought to our attention after we
accomplished that the word "one cent" is actually two words,
according to Florida, so it put us over the 75 word limit, but we did
some tinkering and moved some words around, as you can see on the
screen there, to get us back down to the 75 word limit that's set out by
Florida statute.
Also, in the executive summary we reference having a public
information program setting up a budget for that. The County
Attorney referenced Florida Statute 106.113, which kind of guides
what we can do with that. It will be strictly limited to an informational
campaign, and we would intend to put together a website, do some
mailings, hold public information meetings, and just provide the public
with information. If you have any questions, I'd be happy to answer
them.
CHAIRMAN SOLIS: Questions for staff?
(No response.)
CHAIRMAN SOLIS: Do we have public speakers?
March 27, 2018
Page 33
MR. MILLER: Yes, Mr. Chairman. We have seven registered
public speakers on this item. I'd like to ask the speakers to use both
podiums. I will call two names; if the second speaker could be
waiting.
Your first speaker is Marvin Easton, and he'll be followed by
Michael Dalby.
MR. EASTON: I'm Marvin Easton, 944 Spy Glass Lane in the
City of Naples.
I support your list of county capital projects as projects that
should be funded and implemented. I accept the estimated cost
prepared by your staff as being valid. I believe the sooner each of
these projects is accomplished, the better it will be for all county
residents; therefore, it comes down to how to fund your projects.
Most of us do not want any of our taxes increased. I am in that
group. Thus, the only current option is to divert funds from the current
reserves or future General Fund revenue, which mostly comes from ad
valorem property taxes, to these projects.
I don't know how long it will take to accumulate the projected
total shortfall amount of $451 million, but my understanding is this
amount is over and above the current and planned General Fund
operating budget allocations over the next seven years.
We do not -- we do know that the ad valorem portion of the
General Fund revenue and our taxes will already increase each year as
our taxable property values increase. But in order to generate an
additional $70 million per year for your projects, the ad valorem
property tax portion of the General Fund sourcing would have to be
increased between 20 and 23 percent just to fund the listed projects.
Therefore, not only will owner-occupied property taxes need to
be increased, but property taxes on rental properties will also be
increased. I would assume most rental property owners would then
increase their rental rates to cover the same 20 to 23 percent increase in
March 27, 2018
Page 34
property taxes. Thus all Collier County property owners and renters
will pay for this increase.
Some people say, why not borrow the money? But that is
projected to add an additional 187 million to $255 millions more to the
total cost that property owners and renters must still pay.
With a projected 30 percent of the 1 percent sales tax revenue
coming from nonresidents, such as tourists and people who live in
neighboring counties but come to Collier County to work, dine, and
shop, to me this is a valid funding option and will get these county
projects done sooner. If the projected $490 million, of which 420
million is for your county projects, is generated sooner than the seven
years, the tax is discontinued. The money can only be used for these
county capital projects.
Both Marco Island and Naples receive between 22 and $26
million each for your needed capital projects, and both cities currently
have unfunded capital needs.
CHAIRMAN SOLIS: Mr. Easton, I'm sorry.
MR. EASTON: I just have three more paragraphs. The
additional --
CHAIRMAN SOLIS: I'm sorry.
MR. EASTON: The additional 1 percent does not apply to food
nor medicine nor gas, but only to other discretionary purchases. If
you're out to dinner and the cost is $50, it will --
CHAIRMAN SOLIS: I'm sorry.
MR. EASTON: -- add 50 percent.
CHAIRMAN SOLIS: Mr. Easton, I'm sorry. We've got to play
by the rules. I'm sorry.
MR. EASTON: Okay.
MR. MILLER: Your next speaker is Michael Dalby.
CHAIRMAN TAYLOR: Thank you for being here.
MR. MILLER: He will be followed by Scott Burgess.
March 27, 2018
Page 35
MR. DALBY: Thank you, Commissioners. Michael Dalby from
the Greater Naples Chamber of Commerce.
And I just want to reiterate how much we've appreciated all the
people that we've worked with in this whole process; you, your staff.
We got into this in trying to work off of issues that we felt were
important: Work force housing, particularly for critical services
providers; workforce training to provide expanded opportunity for our
citizens to get vocational and technical training opportunities.
And as we came to better understand the issues and the challenges
with our county jail serving as the largest mental-health facility in the
county, that we realized there needed to be more facilities for mental
health and addiction.
Along the course, the pathway here, we always said, if we're
going to raise an issue, we need to find a way to pay for this issue.
And we've gotten partners along the way who've come forward and
said that they would be willing to shoulder the operations and
maintenance costs with these, like the David Lawrence Center or like
Florida Southwestern which said that if that facility was built on their
campus, they would take case of that component of it there.
So it's seeing that these partners also see this as a pathway to try
to expand and address community needs.
Along the way, as we looked at this -- the options of how to pay
for it, your staff brought up a number of critical infrastructure projects:
Roads, bridges, backup power supplies for the sewage lift stations,
EMS substations, public safety needs, parks, and other projects that
were backlogged during the recession when we didn't have the funds to
take care of them. And now, even though our county's grown I think
65,000 in population over the last 10 years, we still have these needs.
It's really for individuals who are here today. It's people who are
needing these services today, not necessarily trying to do something
that's to increase additional growth. It's really to take care of the
March 27, 2018
Page 36
citizens that are here now.
We feel like this is a matter of choice. How do you pay for these
infrastructure needs? This pathway allows the citizens to vote on
implementing a 1 percent local option sales tax that's time limited,
bounded to seven years, would have to require another vote of the --
would have to require the County Commissioners to put it back on the
ballot again to renew it, and would have to have another vote of the
public to approve it.
It creates a process where specific projects can be built, they have
to be those projects, and paid for in a way where visitors and other
people who work here but don't live here can shoulder up to 30 percent
of the costs.
We just ask that you would please place this county initiative on
the ballot and then we encourage you to provide the funds for the
continued public information.
Thank you.
MR. MILLER: Your next public speaker is Scott Burgess. He'll
be followed by Richard Hoffman.
MR. BURGESS: Good morning. Scott Burgess, and I'm a
Collier County resident. I'm also the CEO of David Lawrence Center.
And I thought it might be helpful to come here today to talk in
support of the initiative in having this language put on the November
ballot.
One of the projects I thought it might be helpful for me to share a
little bit about is the mental-health facility that's being proposed as one
of the potential projects for funding.
As was just alluded to by Michael Dalby and as we talked about
at the wonderful workshop that the county commissioners put on last
June, sadly, our jail here in Collier County is not different than most of
the jails across the country that have become the de facto mental-health
and addictions treatment facilities for our country.
March 27, 2018
Page 37
Right now -- and the Sheriff can speak to this as well that on an
average day in our county jail we provide psychiatric medicine to
about 150 people every day, and David Lawrence Center, which is our
largest community mental-health treatment facility, has 66 total beds.
So just with that, those numbers alone we can see that we are a bit out
of balance as far as having enough facilities and beds and treatment
available to those that are clearly in need of such.
So we're strongly in support of having this language for the voters
to be able to determine if this is a funding mechanism that they'd like
to use for these vital projects, and we believe that the mental-health
component is one.
Since the June meeting, the workshop that we had, we have
regular stakeholder meetings of many different individuals talking
about how we can develop a countywide strategic plan for mental
health and addiction. It's been very well represented. We've had one
meeting facilitated by a USF professor. We have another meeting
that's coming up also to be facilitated by that professor, an independent
expert in the area. And a facility of this sort is certainly something
that's been recognized as a major gap issue for Collier County.
So we look forward to hopefully being able to realize this along
with all these other important projects through hopefully the passing of
the sales tax initiative.
Thank you very much.
MR. MILLER: Your next speaker is Richard Hoffman. He will
be followed by Meredith Barnard.
MR. HOFFMAN: Good morning, Commissioners. My name is
Richard Hoffman, and I live in the Orangetree section in Collier
County.
And I'd like to comment specifically on the wording of the
proposed referendum. Currently, the referendum, in my opinion, does
not provide taxpayers with enough information to make a good
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decision. Now, I'll get back to that in a minute.
Now, I realize that the county is going to be putting out an
information website which will list some of the advantages of the
proposed referendum. I also understand that you can't -- the
referendum can't be more than 75 words, and corporations benefiting
from construction projects will also be promoting the referendum;
however, most of these efforts won't be paid attention to by taxpayers,
but on election day, I believe that they will all read the 75-word
referendum, and that's critical.
The referendum as written includes a hodgepodge of different
projects such as roads, parks, traffic signals, mental-health facilities,
career and technical training. In fact, many of these projects have
nothing in common except concrete. There is even $6 million for an
animal shelter.
Most important, citizens are not told in the referendum what the
cost of all the projects will be, and I find this outrageous. As a citizen,
I want to know how much money you're spending. That's key to me.
You need to tell us how much you're spending.
Now, I have two recommendations. First, instead of trying to
cram everything into one referendum, how about having three
referendums, one for each of the subcategories. If that's not possible,
how about having one referendum each year for each of the
subcategories?
Another suggestion is that instead of spending $100,000 on public
information, which I believe will obviously favor the referendum, a
certain amount should be devoted to opposing the referendum, and I
can see the looks on your face you don't agree. That's fine.
For example, your argument that funds generated from the
referendum will avoid borrowing money ignores the option that
another year or two these funds could be obtained from impact fees or
maybe general funds.
March 27, 2018
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Someone opposed to the referendum might mention these facts or
note that the solution to every problem government faces shouldn't be
to increasing taxes. In the 30 seconds that I have left, I prepared a
referendum for Category 1, which is transportation: To provide
improvements to transportation infrastructure, Collier County requires
additional revenue. The proposed source is a seven-year half percent
sales tax on transactions occurring within Collier County, raising $240
million. These revenues would be used to fund Vanderbilt Beach
Road extension, Collier Boulevard to 8th, Pine Ridge Road and
Livingston improvements --
CHAIRMAN SOLIS: Mr. Hoffman, thank you.
MR. HOFFMAN: -- eleven bridge replacements --
CHAIRMAN SOLIS: Thank you. I've got to play by the rules,
too, for you as well.
MR. HOFFMAN: Okay. Thank you.
CHAIRMAN SOLIS: Thank you.
MR. MILLER: Your next speaker is Meredith Barnard, and she
will be followed by Bill Barton.
MS. BARNARD: Good morning, Commissioners, Meredith
Barnard or behalf of the Conservancy of Southwest Florida. Thank
you for the opportunity to provide comment this morning.
What I want to comment on is the issue that was brought up just
at the beginning of the meeting. The Conservancy was also contacted
last week by the Southwest Florida Land Preservation Trust regarding
the water diversion projects to potentially be added to the sales tax.
And, as Commissioner Taylor mentioned, the Conservancy, along
with other local conservation groups, including Audubon of the
Western Everglades and the Florida Wildlife Federation, had suggested
the inclusion of shovel-ready Watershed Management Plan projects
into the sales tax during the workshop that was had last year.
However, to better understand the objectives of this proposal that
March 27, 2018
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was brought to us last week, as it was to you all, to reduce flows into
Naples Bay as it was described in all these recent discussions, the
Conservancy would really need to see a detailed list of these projects
for inclusion. Once we can evaluate the list of projects that are looking
at for being included, we can then provide a position on that.
So with that being said, if the proposal is being considered by the
Board, we do request the item to be continued in order to have that
opportunity to review a detailed list of projects before it is voted on.
So thank you so very much.
MR. MILLER: Your next speaker is Bill Barton. He will be
followed by Sheriff Kevin Rambosk.
MR. BARTON: Good morning, Mr. Chairman, Commissioners.
For the record, my name is Bill Barton. I'm here today in my capacity
as chairman of the Southwest Florida Land Preservation Trust.
You all are aware that the trust is a 501(c)3 that was instrumental
in the construction and development of the Gordon River Greenway.
And I think it's safe to say that the partnership between our trust and
Collier County was the key elements, although there were many, many
players and many, many gracious donors that caused that greenway to
happen. It was our partnership that really pushed it over the hill.
That having been said, we're getting close to the end of the
greenway. And our board has made a decision recently that perhaps
our next best effort would be the restoration of Naples Bay. And to
that end -- and I think each of you are aware as -- and your staff will
agree as well, that there's really no option of a meaningful restoration
of Naples Bay until we reduce the flow of freshwater on an annual
basis out of the Golden Gate Canal into Naples Bay.
We've had conversations throughout this past several weeks with
your staff and with each of you commissioners on that subject. But I
will tell you that it has become obvious to us that there's really not an
appetite for changing the work items in the proposed sales tax at this
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point in time. So we're not going to request that that item be added to
that work effort at this time; however, every single person we spoke to
said, yes, restoration of Naples Bay is a critical issue. Staff believes
that; we believe that; each of you has said that to us as well.
We talk a lot about the restoration of Naples Bay but we never
really get started. And to state the obvious, if it doesn't get started, it's
not going to get done. I mean, duh. Maybe we've raised the
awareness. Your staff has made a point to tell us that there are other
funding mechanisms for diverting flows from Golden Gate Canal into
Naples Bay.
It's our hope that this commission will raise that level of priority
among your staff to push for those other funding mechanisms so that
we can at last get started and maybe one day see a Naples Bay that's
turned around like the San Diego Bay was much bigger, much worse
condition. They turned it around. We can if we want to.
Thank you very much.
MR. MILLER: Your next speaker is Sheriff Kevin Rambosk, and
he will be followed by Garrett Richter.
COMMISSIONER SAUNDERS: Just a quick comment.
First of all, I want to thank Mr. Barton for bringing this to our
attention. I met with Mr. Barton, I believe, yesterday to talk about this.
It is a great project. I think the goal is great. I think cleaning up
Naples Bay and diverting those funds and rehydrating certain areas in
Eastern Collier County, Belle Meade, and Picayune Strand are great
concepts. And I, for one, will support that 100 percent going forward
finding another funding mechanism to do that.
But my point was, we shouldn't delay this infrastructure surtax
issue, because that particular project needs a lot of work done on it in
order to kind of identify what the project is, and -- but I can guarantee
you that I'll work with you on making that a reality.
MR. BARTON: Thank you, Commissioner. And we understand
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the reluctance in going forward at this time with the addition to the
work element.
CHAIRMAN SOLIS: And I would echo that and just say that it's
impressive to me what the trust did with the greenway, and then once
that's completed, that wasn't enough; that you're pivoting and making
another priority that you're going to focus on is really a testament to
everyone that's involved with the trust, so thank you for doing that.
MR. MILLER: Your next speaker Sheriff Kevin Rambosk. He'll
be followed by Garrett Richter.
SHERIFF RAMBOSK: Good morning, everyone. Thank you for
the opportunity to give you a little bit of background on our needs for
Collier County.
You know, we are pretty innovative in what we do. Some people
say we're different. Either way you put it, we have some results in
Collier County that are dramatically positive.
Tomorrow I'm going to release statistics on our 2017 crime rates.
And I'm going to tell you today a little insight; that we will be down
again to our lowest point since 1971. That does not get done or
accomplished without a lot of factors in there. Two primary factors,
use of innovating technologies as well as science and mental health
and substance, which we have been investing in, among a few others.
In what you're going to be considering funding out of this element
that you're talking about is a forensic science and technology building
that would accumulate evidence, hundreds of thousands of pieces of
evidence that are around the county today, put them into one facility
but, more importantly, give us the ability for digital forensics
capability with advances in technology today. Without that an agency
cannot move forward to successfully investigate and prosecute cases
without the help of many other organizations. It takes months to do it.
We have got to move forward with that. So for those structures and
responsibilities, we're looking for that capability as we move forward.
March 27, 2018
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More importantly, though, as you know, we've been working on
the impact of mental health and substance abuse in Collier County.
We've been doing it for a number of years. We've made very positive
inroads in what we have accomplished as a community.
You know, some still believe this is a social service program. I
will tell you that it is not. It is a public safety issue, and it has a lot of
cost that goes with it. And we can either pay that cost in victims, and
we can pay that cost in jail costs. One way or the other, we need to
make change.
One hundred miles from here was one of the most horrific
tragedies in this nation. There's nothing that says that can't happen
here if we're not correctly assessing, identifying, and referring
mental-health problems. In our facility, our community jail, in 2017
we had 550 moderate to severe mental-health issues. Out of that,
probably 450 on psychotropic drugs throughout the entire year. Any
given day with a population of 800, on average, we have 126 patients
on psychotropic drugs and 456 that are having moderate to severe
mental-health issues.
We need help. You do not want to come to my facility to get
treatment. We need to refer people where they can get help, and that's
David Lawrence. Thank you very much.
CHAIRMAN SOLIS: Thank you.
MR. MILLER: Your next speaker is Garrett Richter. He will be
followed by Patricia Aiken O'Neill.
MR. RICHTER: Good morning, Commissioners. Garrett Richter,
for the record. Nice to see you all.
Marvin Easton was your first speaker, and he ran out of time.
Had he had more time, he was heading into his comment that says
there's a ceiling on this -- on this proposed tax of $5,000 purchases. So
his next comment was going to be that it would be limited to $50 if
somebody were to buy an automobile, and his final comments in his
March 27, 2018
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comments were going to be the four options that you have. Those
options are to do nothing, to borrow money, to implement an ad
valorem tax, or employ this 1 percent sales tax.
And with that as your four options, I would draw your attention to
the Naples Daily newspaper this morning. Just a headline in there.
Tourists strengthened in Collier County for a third straight month in
February. The number of visitors staying in hotels and other vacation
rentals rose three-and-a-half percent over the year in February,
growing to over 200,000 people according to a report by the Tampa
Bay Research Company.
So if you take into consideration that number of tourists, we're
calling it a sales tax; 30 percent of it is an impact fee, and it's an impact
fee spent -- gathered by those folks that come into our county, use our
infrastructure. And so for that -- that is a good way to validate this
need.
But I would tell you my priorities were addressed -- one of the
reasons for my support were addressed, quite frankly, by the Sheriff
right before. And I know on another issue I had the opportunity to let
you know that everybody in this room is impacted; everybody in this
room is impacted by mental health, and we are lacking in that area.
And relative to the job training and the workforce housing, those are
critical for continued employment opportunities.
So I'm here in support of the -- in support of the initiative. Thank
you for your attention.
CHAIRMAN SOLIS: Thank you.
MR. MILLER: Mr. Chairman, your final registered speaker on
this item Patricia Aiken O'Neill.
MS. O'NEILL: Good morning, Commissioners.
And thank you for all the efforts that you have made to date on
this issue.
I am proud to be a citizen of Florida and a resident with my
March 27, 2018
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husband of the City of Naples and the county of Collier.
As a member of the board of trustees of the Community
Foundation of Collier County, I have served on the Sustainable
Funding Committee of the Chamber of Commerce. And they, like
you, have carefully committed to their fiduciary duty to study and
adapt this issue to the needs of the citizens of our county.
And, actually, the needs assessment, the Collier County
community needs assessment that has just recently been released, has
starkly reinforced the need for this.
So this serves many of the needs of the county, as has already
been stated. Sixty-one of the 67 counties in the state of Florida have
adopted this method of a sales tax to meet our needs, and what a waste
for our county if it's decided to continue as an outlier. I'm not proud of
that.
Thank you for your time.
CHAIRMAN SOLIS: Thank you.
MR. MILLER: That was your final speaker on this item, Mr.
Chairman.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: So I have some questions of staff.
So this is a contract with the voters. And the ordinance, or the
ballot, is there. How are they going to know what these items are?
Not in detail, but is that going to be attached to -- for instance, so many
folks are mail ballot. How are you going to handle that?
MR. OCHS: The project list is not a part of the ballot
referendum, ma'am; only the 75-word ballot language would be
presented to the voters. That's why as part of this item I've
recommended an aggressive public information initiative along with
whatever private sector education advocacy efforts are initiated so that
we can get out to the public and try to inform them to the very best of
our ability about what's being proposed.
March 27, 2018
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COMMISSIONER TAYLOR: That doesn't give me a lot of --
MR. OCHS: Well -- and I'll turn to the County Attorney, but I
don't believe the list of any of these initiatives around the state actually
allow for the inclusion of the full project list.
MR. KLATZKOW: No. The way the statute's constructed, what
you see is what the voters are going to, basically, look at.
CHAIRMAN SOLIS: We can't have -- I'm sorry.
COMMISSIONER TAYLOR: No, no, no. Please.
CHAIRMAN SOLIS: We can't have, like, exhibits or anything
attached?
MR. KLATZKOW: No. It's just a ballot.
CHAIRMAN SOLIS: We're stuck with 75 words.
COMMISSIONER TAYLOR: No reference to a website,
nothing like that.
MR. KLATZKOW: No. This is your ballot. That's why the
County Manager's asking for funding to, you know, outreach the
public.
COMMISSIONER TAYLOR: How are the people supposed to
know that this is a contract?
MR. KLATZKOW: It's not a contract.
COMMISSIONER TAYLOR: That's how it was explained to me
by the Chamber of Commerce. This is a contract.
MR. KLATZKOW: Well, that's okay, but it's not really a
contract. It's a general -- the way it's constructed, it's a general notice
to the public that if you pass a one-cent sales tax, this is what we're
going to spend it on. For example, we'll maintain roads. We're not
telling the public which roads we're going to maintain, and that may
change over time with the Board, but this is going to be a rather
lengthy process.
It doesn't tell the public which sidewalks we're putting in. It's just
that part of this, you know, might be sidewalks; it might not be.
March 27, 2018
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MR. OCHS: Commissioner, I don't know if this helps you, but
the ordinance does contain a provision for a citizen oversight
committee that this board would appoint whose primary responsibility
will be to ensure that the specific projects that were just outlined on
that list that was on the screen several minutes ago will be built with
the dollars provided by the proceeds from the tax, and nothing in
addition or exceptions to that would be built unless they come back to
you and you make specific provision for that.
But the whole idea is that there is a specific list of projects that
will get done within the time period specified by the statute. And
you'll have oversight, not by the staff, but by a committee that this
board would appoint.
COMMISSIONER TAYLOR: And that is in the ordinance?
MR. KLATZKOW: And if you could put up the ordinance, Leo,
so we can get clarity. Page 6.
MR. OCHS: I'll find it, but it is, in fact, inside the ordinance, the
oversight committee ordinance. I'll ask Nick to pull it up.
MR. CASALANGUIDA: It's going to take a few minutes,
Commissioner.
COMMISSIONER TAYLOR: Yeah, that's fine.
MR. KLATZKOW: I think we should get the clarity because --
CHAIRMAN SOLIS: It's in Section --
MR. KLATZKOW: G.
CHAIRMAN SOLIS: -- 7.
MR. KLATZKOW: I'm looking at -- on Page 6, G.
CHAIRMAN SOLIS: Section 7.
COMMISSIONER TAYLOR: No, I knew it was there. I just --
it's right here.
Two at large, one from each county district. Page 4 of 8. And I
understand the oversight, and I think it's critically important, but where
does the contract come in? And you're telling me, County Attorney,
March 27, 2018
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there's no contract.
MR. KLATZKOW: Well, no. If we can put this on the
overhead; 6G.
MR. OCHS: Jeff, I have the --
MR. KLATZKOW: Yeah, if you can go to Page 6, Leo.
Right. So you'll see under 6 that the Board may expend the
proceeds of the surtax on projects not specifically stated herein or in
the county's backup materials, so long as those projects comply with
the intent of the ballot language.
This gives you the discretion over time to change one specific
project to another one should the need occur. Now, if you want to tie
yourself into the specific -- those specific projects, we can do that, but
that's going to require a change of this ordinance. The ordinance was
done to give you some flexibility, which is why I'm saying that the
ballot language refers to bridges. Which bridges we do ultimately is
up to the Board of County Commissioners.
COMMISSIONER TAYLOR: But we're --
MR. OCHS: That list will be presented during the public
information campaign. We have a specific list of bridges identified. I
think what Jeff is saying, that if, in some unforeseen event --
MR. KLATZKOW: You may have a bridge fall down, in which
case it's all hands on deck and you change your project. It gives the
Board of County Commissioners in what will be a publicly noticed
proceeding the ability to move funds around as the need arises.
MR. OCHS: And the ordinance also says here that the committee
would not recommend alternative projects unless the County
Commission asks them to do that. That's the last sentence in G.
COMMISSIONER TAYLOR: Which is the great fear of most
taxpayers, that we change our mind and use the money for other
things. So this is my -- this is a conundrum for me. But I understand,
if you have a bridge that, if there's an emergency or something
March 27, 2018
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happens, you need that flexibility. But maybe it's the flexibility within
the subject, but those subjects, bridges, roads, remain the same and
have to be consistent. We can't --
MR. KLATZKOW: That's right. You have to spend the money
on, for example, a bridge. Which bridge will depend upon the Board.
Now, you do have your current list. The list is subject to change, but
it's your changing it.
MR. CASALANGUIDA: And, ma'am, if I could, that was
predominantly put in there for that -- every project on that list is pretty
much within the control of the Board except for the VA hospital
because you're going for a federal application for that, and state.
COMMISSIONER TAYLOR: Right.
MR. CASALANGUIDA: If that application never gets approved,
by the time you get to the fifth or sixth year, you'd say, we tried every
year. The state and federal government did not approve the VA
hospital. Now you have money set aside for that. The intent of this
language is you would pick the categories you've already approved and
apply it to one of those that you have a shortfall on.
COMMISSIONER TAYLOR: Okay. For instance, Big
Corkscrew Park, the money would need to be spent at Big Corkscrew
Park. We couldn't take that money and spend it at the sports park,
right?
MR. CASALANGUIDA: That's right.
MR. OCHS: Correct.
COMMISSIONER McDANIEL: Of course.
COMMISSIONER TAYLOR: Okay. I know it sounds strange,
but I want to tie our hands as much as possible. I want as much
oversight and control on this to give the taxpayers assurance that we
will apply this money with integrity, and I think that's what I'm looking
for.
CHAIRMAN SOLIS: Commissioner McDaniel's light is on. Are
March 27, 2018
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you --
COMMISSIONER TAYLOR: Yes, of course.
CHAIRMAN SOLIS: I just had a question. The list is going to
be an exhibit to this ordinance; is that --
MR. OCHS: Yes.
CHAIRMAN SOLIS: It is, okay. So it will be attached; that's
what we're approving.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. And I just want to make a
brief comment. My position hasn't changed on this since last year
when we started talking about this. It's been nothing but fortified even
more with regard to how I feel about this.
I appreciate the flexibility, but the lack of specificity just adds to
my overall concern. And I want to say this to my friends. My friends
who have come to the podiums today to speak in support of this, there
is no argument out of me at all that there is a dire need for these
necessary community wants that have not been attended. But I cannot
support this referendum in its current language, in its current state, and
I've said that quite regularly. And I just cannot come off of that.
There's no argument that there's a need. I just -- I feel that there is
another way that this can be accomplished. And so, therefore, I'm not
going to support it.
But I wanted my friends today -- because I -- you know, Mr.
Rambosk, I don't know where he went. He was here. Kevin -- I
consider a lot of you who came to speak today my friends, and I want
you to hear from me and from my heart how -- and why I'm doing
what I'm doing today. So that's that.
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: Just real quickly. I'm,
obviously, going to support the effort today to move this along.
March 27, 2018
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There was a comment made, and I just want to clarify for the
record that this list is attached to the ordinance, and I'm not sure where
I see that. So if we could point out how the list is attached to the
ordinance, or maybe we need to amend the ordinance, and we can do
that right now, but I didn't see that. And I don't want to mislead or,
you know, misinform the Commission on what's contained in it.
MR. KLATZKOW: The whereas clause, second to the last one,
whereas, a brief description of the projects to be funded, it sets forth --
no, I'm sorry. That's the ballot language.
COMMISSIONER SAUNDERS: Yeah, that's in the ballot
language. I don't think the ordinance says that. I don't have any
problem amending that.
MR. KLATZKOW: We'll reference it. You've got it in your
backup.
COMMISSIONER SAUNDERS: What you would do is add --
when we make the motion, it will include another whereas --
MR. KLATZKOW: Yes, sir.
COMMISSIONER SAUNDERS: -- where this list is attached.
And, again, just for the record, that does not -- you know, there's been
some concern about flexibility. I do believe we need to have some
flexibility. So attaching this list will be instructive, but it's not going to
keep the committee and the Commission six or seven years from now
making a change based on a change in circumstances. As you
mentioned, the collapsing bridge, for example. So when the motion is
made, it will include the whereas to add this list.
CHAIRMAN SOLIS: That's it?
Okay. Commissioner Taylor, before we get to you, I was just
going to suggest, is there a way -- because I also am concerned. We
need to have as much specificity as we can have. And I'm wondering
if we couldn't amend that section to say that -- the flexibility, as I
understood it, was going to be within the five categories that's in the
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list. And so I'm wondering if we couldn't change that language to say
that the revenue can be used for projects within these five categories
and just make it clearer that, you know, the funds can't be used for
absolutely anything that we want to use it for; that it's going to be
limited to these categories in the list. Is that --
MR. OCHS: That was our intent, sir.
CHAIRMAN SOLIS: Okay.
MR. OCHS: At a staff level we've absolutely no objection to
that.
CHAIRMAN SOLIS: Right.
COMMISSIONER TAYLOR: Well -- but future commissions
might. So if we don't put something in here --
MR. OCHS: That's why I'm saying, if you want to specify that,
there's obviously no objection from the staff on that.
CHAIRMAN SOLIS: Yeah. I think we could clarify that
language some both in terms of making sure that the exhibit -- that the
list is an exhibit and that that provision we were looking at in the
ordinance says that -- just reword it, I think, a little bit to provide that
the funds must be used for projects within the five categories in the list,
something to that effect. And I'm not trying to reinvent the wheel, but
I --
MR. KLATZKOW: Yeah. The funding must be within the ballot
language. It must fall within that ballot language.
CHAIRMAN SOLIS: Right. And the ballot language covers the
five --
MR. KLATZKOW: Yes.
CHAIRMAN SOLIS: -- categories.
MR. CASALANGUIDA: And, Commissioner, Item 3 says, fall
within the projects and categories identified, and we'll reference in the
list, you know, in the ordinance, so that way it's specific to that list.
COMMISSIONER TAYLOR: Did you say five categories? I
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have three.
CHAIRMAN SOLIS: There's three categories? Okay.
COMMISSIONER TAYLOR: I think so, right.
CHAIRMAN SOLIS: One, two, three. Yes, I'm sorry.
COMMISSIONER TAYLOR: This is specificity. No, no, no, no.
That's not a criticism. I just want to make sure we're talking about the
same thing.
CHAIRMAN SOLIS: No, I am. Transportation, facilities and
capital replacements, community priorities.
AUDIENCE MEMBERS: Two cities.
COMMISSIONER TAYLOR: Yeah. And then.
CHAIRMAN SOLIS: And then the municipalities -- well, we're
still waiting. That's a whole 'nother issue we'll talk about.
COMMISSIONER SAUNDERS: Mr. Chairman, take a look at
the ballot language and the list of what it can be spent on. I think that
restricts it.
COMMISSIONER McDANIEL: It's pretty clear.
COMMISSIONER SAUNDERS: And that actually is a
description of the three categories. But I think there's sufficient
language in here already. I have no objection to putting something in
the ordinance to specify the three categories, but I think that that's
pretty well covered by the --
COMMISSIONER TAYLOR: You're right.
COMMISSIONER SAUNDERS: -- the ballot language, and we
are bound by that.
CHAIRMAN SOLIS: Well, I'm just looking at Section 7.G
again. Committee shall -- the Board may expend proceeds of the
surtax on projects not specifically stated herein or in the county's
backup materials to the Board so long as those projects comply with
the intent of the ballot language and have a positive recommendation
by the committee and shall fall within the project categories identified.
March 27, 2018
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All right. Having read it again, I withdraw my suggestion. Okay.
I apologize. I just want to be sure, because that's what we've been
saying is that it will be very clear what it can be used on.
MR. OCHS: Correct.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: And so, just point of clarification,
we're going to add the list as an attachment and reference it here, but
you've already indicated that there's constraints about how this money
can be spent.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER TAYLOR: Okay. Now, I notice -- and
maybe this is just procedure, but I noticed that the committee
membership is two years or whenever it sunsets. You know, it's a
seven-year tax. Should we just maybe make that membership a little
bit longer and not have to -- I mean, if we're going to appoint folks to
this committee, shouldn't they serve through the -- unless, of course,
there's a hardship and they can't, but shouldn't they be entitled to a
seven-year term?
MR. KLATZKOW: You can make the term whatever you deem
appropriate. I had to come up with a number sometimes, so I came up
with --
COMMISSIONER TAYLOR: That's what I thought.
MR. KLATZKOW: The discussions I had with Nick were that
they'll do the bulk of their work in the first couple of years, and after
that much less work will be needed. But certainly you can make four
years, whatever you want.
COMMISSIONER TAYLOR: It might frighten them, though, at
the same time when you talk about a seven-year term.
CHAIRMAN SOLIS: Seven-year.
COMMISSIONER TAYLOR: Yeah, that might -- okay.
MR. KLATZKOW: They may get an itch, yeah.
March 27, 2018
Page 55
COMMISSIONER TAYLOR: Okay. I'm comfortable with that.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: It didn't say how to choose the
committee at all. And it says five members, but are those five
members all going to live in the county, are they all going to live in
some of the cities? Oh, shall be a resident.
CHAIRMAN SOLIS: Yeah.
COMMISSIONER FIALA: Yeah, of Collier County, but they're
all residents. I just was wondering, are we going to have one from
each district, being the number is five?
MR. KLATZKOW: You'll have one from each district and two
at large.
COMMISSIONER FIALA: Because sometimes these
committees, as you well know, are -- they're comprised of sometimes
people that, you know, are picked to do whatever, you know --
anyway, I hope we have a good cross-section so you get words from
everybody.
MR. KLATZKOW: I have a funny feeling you'll be getting quite
a few applications for this committee.
COMMISSIONER FIALA: Oh, I bet we're going to have tons of
them.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: No.
CHAIRMAN SOLIS: Oh, your light came on.
Commissioner Taylor.
COMMISSIONER TAYLOR: As far as the -- as the two cities
are concerned --
MR. OCHS: Three.
COMMISSIONER TAYLOR: -- three, Everglades City, they
will get a percentage of this based on, what, population?
MR. OCHS: Yes.
March 27, 2018
Page 56
COMMISSIONER TAYLOR: Is it population? Okay. So my
thought was -- and I don't know, but if we were -- I have a -- each of us
has a city in our district. And so, perhaps, as we choose the person on
the committee from our district, perhaps it should not include a
resident of the City of Naples or resident of the City of Marco Island. I
don't know. It just seems almost conflicting because they're going to
have their own pot.
COMMISSIONER McDANIEL: They already get a percentage
of it anyway.
CHAIRMAN SOLIS: They should probably have their own.
COMMISSIONER McDANIEL: They should be doing their
own. I would think they would want to do that if, in fact, this goes
through and it passes and gets past the November ballot, yes.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER FIALA: That's a good point.
CHAIRMAN SOLIS: The County Attorney was shaking his
head.
MR. KLATZKOW: You may have your most qualified applicant
who happens to live in the city. You could always make the decision,
when you're voting on the appointment, whom you wish. We can
certainly limit -- put that limitation in the ordinance, but that just limits
you, and I hate limiting the Board.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN SOLIS: I think we have one very interested person,
I would think, sitting in the audience that spoke today, so -- I hope
anyway. I'm not trying to create work for you.
COMMISSIONER McDANIEL: I think he's volunteering. Look
at him.
MR. EASTON: I want more than three minutes.
COMMISSIONER SAUNDERS: You can chair that committee,
and you can have as much time as you want.
March 27, 2018
Page 57
Mr. Chairman?
CHAIRMAN SOLIS: Yes, sir.
COMMISSIONER SAUNDERS: It may be appropriate now to
make a motion, and I'm more than willing to do so.
I make a motion that we approve the ordinance with the changes
that we've outlined which includes adding the project list as --
MR. KLATZKOW: We'll make the project list an exhibit and
reference it in the ordinance.
COMMISSIONER SAUNDERS: Reference is in the whereas.
And I think that may be the only motion that's needed.
COMMISSIONER TAYLOR: I'll second that.
CHAIRMAN SOLIS: There's a motion and a second. Any
further discussion?
MR. OCHS: Mr. Chairman, that -- I'm assuming that includes the
minor revision that was made to the ballot language to get within the
75-word limit.
COMMISSIONER SAUNDERS: No, I wasn't going to include
that, so that we won't have a ballot question there. No, we'll include
that.
MR. OCHS: Thank you, sir.
CHAIRMAN SOLIS: Any further discussion?
(No response.)
CHAIRMAN SOLIS: All in favor, say aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SOLIS: Motion carries 4-1.
COMMISSIONER SAUNDERS: And that includes the fund for
March 27, 2018
Page 58
the --
MR. OCHS: Yes, sir.
COMMISSIONER SAUNDERS: -- advertising or the
informational.
MR. OCHS: Thank you.
Mr. Chairman, it's time for a court reporter break, and then we
have our time-certain hearing on your CAFR.
CHAIRMAN SOLIS: We'll be back at 11:50 (sic) -- 10:50. I'm
sorry.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN SOLIS: Thank you, Mr. Manager. We're on to our
time-certain.
Item #13A
PRESENTATION OF THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 2017 AND AUTHORIZATION TO FILE THE
RELATED STATE OF FLORIDA ANNUAL LOCAL
GOVERNMENT FINANCIAL REPORT WITH THE
DEPARTMENT OF FINANCIAL SERVICES – MOTION TO
ACCEPT THE REPORT AS WRITTEN - APPROVED
MR. OCHS: Yes, sir. This is Item 13A on today's agenda. It's a
presentation of the Comprehensive Annual Report for the fiscal year
ended September 30, 2017, and authorization to file the related State of
Florida Annual Local Government Financial Report with the
Department of Financial Services, and Derek Johnssen from your
Clerk's Office will make the presentation.
MR. JOHNSSEN: Thank you, County Manager.
March 27, 2018
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Good morning, Commissioners. For the record, Derek Johnssen,
Assistant Finance Director for the Clerk of Courts.
Item 13A is a presentation of the Comprehensive Annual
Financial Report for Fiscal Year 2017. Appropriation of this report is
a year-round process for the Finance Department and includes the
input of many people, departments, and agencies.
To this end, we would particularly like to thank the County
Manager's Office, the County Attorney's Office, and the Budget Office
for their support throughout that year. The information that they
provide is instrumental in the preparation of this document.
In addition, we would like to show our appreciation for each of
the constitutional officers for their efforts in preparing financial
statements. The Sheriff, the Supervisor of Elections, the Property
Appraiser, Tax Collector, and the Clerk of Courts all have individually
audited reports included under separate tabs.
Those audits, as well as the consolidated audit of Collier County,
are performed by the CPA firm of Clifton, Larson, Allen. We are
happy to report that last year's report received the Government Finance
Office's award for excellence in financial reporting. The 2016 award is
included in the document before you today.
Finally, a personal word of thanks to our finance staff who work
many hours to complete the annual report. Thank you.
With that, an additional thanks to Clifton, Larson, Allen. I'm
going to turn it to over to Mr. Redovan, the county's engagement
principal who has a brief -- I made that promise last year -- a brief
presentation regarding the results of the FY 2017 audit.
Thank you.
MR. REDOVAN: Thank you, Mr. Johnssen.
Good morning, Mr. Chairman, Commissioners. My name's
Marty Redovan. I'm with Clifton, Larson, Allen. Clifton, Larson,
Allen was engaged to audit the Comprehensive Annual Finance Report
March 27, 2018
Page 60
as prepared by the clerk finance office. So that thick document is
prepared by them, not us. We just render kind of a report card on those
-- the final statements embedded, including all of the constitutional
officers, as Mr. Johnssen mentioned.
And if I can remember how to work this thing. So I'm going to go
fairly quickly, as I'm sure you would appreciate. This is kind of what
we are going to talk about. I won't deep dive into that.
These are the various reports that we have to render on your
financial statements. And, again, I'm just going to flip through this
fairly quickly, because I'll get to the report card and save a little time
here. But it gives you an idea of the number of reports we have to
issue on the financial statements of the county.
So quite a few of them. And these are under federal rules, state
rules, and Auditor General rules, if you will. So let's kind of really get
to the overall results of the audit.
So on the overall opinion on the financial statements themselves,
we've rendered an unmodified opinion which is basically a clean
opinion on the county's financial statements; highest level of assurance
that we could render on your financial statements.
We are required to report to you on internal control related
matters and on compliance. And, again, in that report, we are
reporting that there were no material weaknesses noted in the internal
control over financial reporting. Again, a good report there.
The single audit report, federal programs and state projects. This
is a federal and state requirement to audit certain grants received and
spent by the county. There's, you know, kind of two reports embedded
in one both for the federal and state. Once again, though, we have an
unmodified opinion on compliance meaning we found no issues of
noncompliance with the grants that we tested and no material
weaknesses reported in the internal control over, you know, those
compliance requirements.
March 27, 2018
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And the prior-year findings, there were two, those were corrected
during this fiscal year. So no findings this year. Last year's findings
were corrected, which is, again, good news on an overall basis.
The management letter, again, required by the rules of the Auditor
General, there were no suggestions for improvement noted in the
management letter and then, finally, we have an independent
accountant's report. That specifically deals with certain things under
Florida Statutes.
What are applicable to the county are, did you comply with the
investment statute, 218-415, and the statutes related to the expenditure
of E911 funds. And we rendered an unmodified or a clean opinion on
the compliance with those particular statutes. And we had one finding
last year related to E911. That was, again, corrected in the current
year.
So, really, a very good year from that perspective, and I'll kind of
talk a little bit more about that in a moment just because of the, you
know, timing of everything.
Under auditing standards I have to report to you on governance
certain matters. One of the first things is reminding you that there's
estimates embedded in your financial statements. They're not all hard
numbers. These are the significant estimates that are in your financial
statements: Self-insurance liabilities, pension liabilities,
post-employment benefit liabilities, allowances, depreciation in the
landfill closure.
So those have actuaries involvement, they have engineers
involved in certain instances to help us, you know, evaluate those
estimates and, obviously, help the county's team as they're, you know,
doing the financial reporting and using those estimates as well.
Two other items I'm required to report to you, whether or not we
had difficulties during the audit or disagreements. We did not in either
case. And here's where I want to kind of do a little bit of an aside. I
March 27, 2018
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have to tell you that this audit this year, given the circumstances with
Irma, with everything being backed up, right, kind of thinking that we
were going to get a later start than normal, your teams, the Clerk's
Office, the Grant Departments, the County Manager's Office,
everybody worked really hard to keep this on track.
And, again, forget the fact there were no disagreements or
difficulties; there was a lot of effort spent by all these folks getting
ready to go. And with the results, it's kind of amazing. So that's where
I think a lot of credit that should be mentioned here. We just come in
and kind of do the afterthought. We're the guys after the fact kind of
looking at it all. They did a great job throughout the year. So I just
wanted to make sure you're aware of all that.
We had one item of change this year that I believe I spoke to each
of you about early on in the process. There was a change in standards
under, you know, government accounting standards for the recognition
of the liability for other post-employment benefits. So they went from
one method of measurement in reporting to a new one that all
governments have to comply with.
So what the impact was on your financial statements was an
increase in liabilities for the post-employment benefit change of $23
million. That's an additional amount compared to what's been reported
in the past. And, again, this has just got to do with the way it's
measured, because they did change the way it's measured and,
secondarily, what gets reported on your financials. It used to be more
on a current basis. No, now it's the real -- you know, what the real
estimated liability is.
You have also have to understand that that's, you know, the
Sheriff, and, you know, the Board, because there are different plans out
there for post-employment benefits. So it's a combination of the two.
But that's kind of the biggest changes in these financial statements and,
obviously, going forward, you know, that will just be measured in the
March 27, 2018
Page 63
same way it's now being measured and, you know, that will be done
again by the actuaries and, you know, reported accordingly.
So, realistically, that's really maybe the biggest change in the
financial statements this year. And with that, again, you know, the
appreciation of working with all your folks trying to get this job done
and on time, which was always a challenge.
So with that, I'll stop -- and if there's any questions.
CHAIRMAN SOLIS: Any questions?
COMMISSIONER TAYLOR: No.
COMMISSIONER FIALA: I move to accept the report as
written.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN SOLIS: There's a motion and a second. Any more
discussion?
(No response.)
CHAIRMAN SOLIS: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Thank you.
MR. REDOVAN: Thank you.
MR. OCHS: Commissioners --
THE CLERK: Commissioner, I'm sorry. Could I just make one
comment.
I also wanted to thank Clifton, Larson, Allen. Obviously, with
Hurricane Irma and the impact on Collier, his team was working on
this. We held them to a very strong deadline, and that was not easy for
March 27, 2018
Page 64
them in light of the volumes of work that we had occur prior to 9/30.
So the auditors did a great job, and we appreciate them, too.
MR. OCHS: Mr. Chairman, I'd like to echo that as well. It's a
pleasure working with CLA and under the leadership of the Clerk's
Office every year to put this together.
We're very pleased, frankly, with the results, obviously, of this
audit. It's a great deal of effort on everyone's part. In fact, I'm going to
ask you to indulge me for just one moment while a recognize a few of
the folks from my agency that worked day in and day out to make sure
that your financial controls, your internal operational controls, all of
your grant compliance work is done to the level that's expected, and it
shows in this audit.
So real quickly I do want to thank a few people in particular for
their work on this. Mark Isackson, of course, and his team led by
Therese Stanley, our Grants Compliance Manager at the corporate
level that oversees all of grants compliance. Her staff of Erica
Robinson and Edmond Kushi.
Also, our Community and Human Services team led by Kim
Grant and her grants compliance unit. In particular, Cynthia Kemner
and Maggie Lopez.
Over in our Growth Management Department, we have great
numbers of federal and state grants that require a great deal of
management and oversight. Alison Kearns and her team members in
our financial operational unit. Rookmin Nauth and Tara Castillo there.
Also, Jay Ahmad and his team over in Transportation
Engineering Construction Accounting management, including Chad
Sweet and Mark McCleary.
And, finally, our corporate compliance and internal review team.
This is a unit that we stood up a few years ago to give particular
emphasis on improving our internal controls, and I think that this audit
is evidence of the progress that's being made there. Mike Nieman
March 27, 2018
Page 65
leads that team. He's assisted by his manager, Larry Tracz, and the
staff of Mike Stark, Sahar Dajani-Jones, Rose Burke, Darren Hutton,
Nancy Zikmanis, and Roger Stack.
And I appreciate your indulgence, Commissioners. But those
folks never get mentioned, but they're the ones day in and day out
making sure that you get these kind of annual audit reports. So
congratulations to all of them.
(Applause.)
CHAIRMAN SOLIS: It's amazing that in spite of the hurricane,
we even got this done on time. Kudos all the way around.
MR. OCHS: No findings.
Okay. We're back on track here, Commissioners.
Item #10A
STAFF TO EXPLORE AND DEVELOP AN INNOVATION ZONE
TO PROMOTE TARGETED INDUSTRIES WITHIN
INTERCHANGE ACTIVITY CENTER NINE (I-75 AND COLLIER
BOULEVARD) AND TO EVALUATE THE CURRENT MIX OF
ALLOWED LAND USES, THE EXISTING INTERCHANGE
MASTER PLAN ADOPTED FOR THE INTERCHANGE
ACTIVITY CENTER (IAC) AND THE FEASIBILITY OF
ADJUSTING THE BOUNDARIES OF THE IAC AND
DEVELOPING A FLEXIBLE ZONING OVERLAY TO
FACILITATE ECONOMIC DEVELOPMENT AND ENCOURAGE
TARGETED INDUSTRY GROWTH – APPROVED
MR. OCHS: We're moving to Item 10A under Board of County
Commissioners. This is a recommendation to direct the staff to
explore and develop an innovation zone to promote targeted industries
within Interchange Activity Center 9, which is the I-75/Collier
March 27, 2018
Page 66
Boulevard activity center, and evaluate the current mix of allowed land
uses, existing interchange plan adopted for the IAC, and a feasibility of
adjusting the boundaries and developing a more flexible zoning
overlay to facilitate further economic development and growth of
targeted industries.
Commissioner Taylor brought this item forward.
COMMISSIONER TAYLOR: Yeah. And thank you very much.
It's pretty clear that commercial folks, corporations moving in,
would love to have shovel-ready land, and we don't have a lot of it, but
there's things that we can do, zones we can create that will be
welcoming to specific industries and those target industries. We're
developing that list right now, but it's basically high-paying corporate
jobs.
And we are -- we have an opportunity. Deputy County Manager
Nick Casalanguida, who's very familiar with this, pointed out this area
that would lend itself to an innovation zone and, basically, what will it
means is that the tax base would be returned back into this area, and it
would help offset costs of corporations that would like to locate here.
It's that simple.
We have this morning delivered a -- we have the Benderson
support, but the other major landowner out there is the Rice family,
and we have a letter this morning from Roger Rice supporting this.
So I think it's a win-win for everyone. I think we need to start on
it. We need to let folks know -- we need to let corporations know that
we're open for business, and we want to do things to encourage them to
be here. So that's it.
COMMISSIONER SAUNDERS: If you'll make a motion to
move it along, I'll second it.
COMMISSIONER TAYLOR: I'll make a motion.
COMMISSIONER McDANIEL: I was -- if she was done, I was
going to make the motion for her, but that's all good.
March 27, 2018
Page 67
CHAIRMAN SOLIS: We have lights on, though.
COMMISSIONER McDANIEL: No, no. That was what I was
going to do.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Yeah. I think we've always been
trying to diversify our economy and so forth. But one of the things
we've run into as we've been creating more and more and more jobs,
nobody to fill the jobs. As you know, everyplace you go, everybody's
got signs on their window, "help wanted," "help wanted." They've had
a real problem this year trying to get employees.
So it's great that we're diversifying them and even creating more
jobs, but who's going to create the babies to fill those jobs? I just
thought we ought to be concentrating a little bit on that.
And these jobs don't sound like low-income housing, you know.
These are jobs that pay, and it's hard to get people down here that are
skilled workers that -- that will come down here. So that's -- we're
going to have a challenge there, so we're probably going to have to
branch off and start figuring out how we're going to get the employees
here to fill the jobs that we're creating.
COMMISSIONER TAYLOR: Well, at the risk of going into
another subject, it's about housing, and it's having adequate housing so
that folks that are graduating from college can live here because they
can find an apartment. And so once we solve that problem, we have a
housing plan that talks about the striations we need, and I think once
we start implementing that, I think they'll -- I think it's a very, very
important part of it.
COMMISSIONER FIALA: Good-news item. Right now we're
building about a thousand, and they're on the ground coming -- and
some are even beginning to open. About a thousand rental units that
are categorized just for these places. And so I'm thrilled to tell you
that.
March 27, 2018
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There's -- like, for instance, if I might add, there's 304 at the
entrance to Lely Resort that they're -- they're up, and they still have a
lot of things to add to them, but that will be up in the next couple
months.
And then we have 296 that are over -- David Torres has just built.
Oh, my goodness, they are lovely places. They're all rental. They
have another one that Vincentian is building, and that's a little over
200. I'm not quite sure how many over 200. And that's just to name a
few.
We've got more also coming out of the ground. I'm really pleased
to tell you that.
COMMISSIONER TAYLOR: Good.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Just as a point of clarification,
Commissioner Taylor. And, basically, this is creating a TIF. It's not
reinvesting the entire amount of the ad valorem taxation. It's the
overage that comes after the innovation zone is established.
COMMISSIONER TAYLOR: Right.
MR. KLATZKOW: Correct.
COMMISSIONER FIALA: By the way, that's all business.
What do they call it when it's incentivized by business? Let the market
do -- let the market --
COMMISSIONER McDANIEL: Stay up on the mike.
COMMISSIONER FIALA: -- reach the need, or something like
that?
CHAIRMAN SOLIS: Market driven.
COMMISSIONER FIALA: Market driven, yeah.
CHAIRMAN SOLIS: It will be market driven.
Any other discussion?
(No response.)
CHAIRMAN SOLIS: Is there a motion?
March 27, 2018
Page 69
COMMISSIONER McDANIEL: I think Commissioner Taylor
made, and then Commissioner Saunders and I both seconded it.
CHAIRMAN SOLIS: Then there's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: It's unanimous.
COMMISSIONER TAYLOR: Thank you very much.
CHAIRMAN SOLIS: Thanks for bringing that forward.
Item #11A
THE PINE RIDGE ROAD CONGESTION CORRIDOR STUDY
AND DIRECT STAFF TO PURSUE THE PARTIAL-
CONTINUOUS FLOW INTERSECTION AT PINE RIDGE ROAD
AND LIVINGSTON ROAD THE RESTRICTED CROSSING U-
TURN INTERSECTION AT PINE RIDGE ROAD AND
WHIPPOORWILL LANE AND THE DIVERGING DIAMOND
INTERCHANGE AT THE PINE RIDGE ROAD/I-75
INTERCHANGE - MOTION TO ACCEPT REPORT, STAFF
RECOMMENDATIONS AND MOVE FORWARD TO FDOT FOR
REVIEW – APPROVED
MR. OCHS: Commissioners, Item 11A is a recommendation to
accept the Pine Ridge Road congestion corridor study and direct staff
to pursue a number of options related to that study.
March 27, 2018
Page 70
Mr. Cohen, your Growth Management department head, will
begin the presentation.
MR. COHEN: Thank you, Manager and Commissioners.
As you know, there's high traffic volumes on Pine Ridge Road,
particularly from Livingston to I-75. In 2015, the AUIR indicated that
that segment was failing and that you went forward in 2016 with
Stantec to do a study. And today we have Jeff Perry from Stantec who
will take you through the analysis that they did, with large public
participation, taking a look at those areas.
We get questions all the time about how our assets management
works, and I think this is an opportunity to give you a couple of
schemes that they've worked on as to how they can solve that
transportation issue going forward.
So with that, Jeff Perry from Stantec.
MR. PERRY: Thank you, Mr. Cohen. Good morning.
Mr. Chairman, Board Members, it's a pleasure to be here. My
name is Jeff Perry. I'm Transportation Planner with Stantec here in
Naples.
We're going to go through a very brief presentation for you -- if I
don't break something -- to give you an overview of the study being as
Mr. Cohen said, today, about 55,000 cars a day travel the section of
Pine Ridge Road between I-75 and Livingston Road, and in 2015, as
part of the 2016 AUIR, it was found to be deficient. It should come as
no surprise it was also deficient in the 2017 AUIR.
The study area is Pine Ridge Road between Livingston Road, east
of I-75 to Napa Boulevard. We also, as part of the study, examined a
potential interconnection, how a potential interconnection of
Whippoorwill and Marbella Lakes Drive would impact the Pine Ridge
Road corridor.
Our recommendations are not related to that interconnection, but
it has been on the county's radar for a long time, and we wanted to
March 27, 2018
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make sure that if in the event in the future something was done there,
that it would not impact any of the concepts or improvements that we
were proposing along the Pine Ridge Road corridor. So we looked at
all of our conceptual improvements with and without that
interconnection to see what affects it would have.
We had a very aggressive public engagement process. We had
public agency meetings. You may recall as part of the MPO we came
to you early in the process, showed you some videos of some of the
concepts that we had come up with, we had a public workshop in June
of 2016, and the attendees, although it was well attended, we got a lot
of comments. A lot of attendees felt like there was something that we
needed to have more detailed opportunity to talk with us to sort of
meet in smaller groups.
Following up with that, we had nine individual stakeholder
meetings between November of last year and February of this year,
eight of them with homeowners associations in that particular area. We
had one business stakeholder's meeting that was late in the process as
well. We had about 468 attendees collectively in those and received
comment forms from a number of individuals.
We had a project website, had 1,017 visits; we had videos and
animations, some of which you've seen, that are on the website as well;
telephone and email communications, and direct mail and direct email
blasts were also taken care of.
The study itself was to develop a 20-year 2040 forecast. We
analyzed do nothing alternative, which is typically the first thing we
do. What if we don't do anything to solve the problem. How bad is it
going to be?
We also developed conventional -- what we call conventional
improvements, which I'll go into in just a moment, and we also
involved -- identified some innovative solutions.
The future growth we expect by the year 2040 to be at 37 percent
March 27, 2018
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increase in traffic. So it's not going to get any better; it's going to get a
lot worse before 2040.
We typically, as traffic engineers and planners, we look at the
peak periods. Typically, it's the p.m. peak, afternoon peak, rush hour,
and also in the peak direction, and we see 25 percent increase expected
in that.
If we do nothing, again, it should come as no surprise, it's going
to get worse. We're going to have failing conditions, miserably failing
conditions with volume-to-capacity ratios. It means the volume of
traffic exceeds the capacity, in some instances, or 100 percent of the
capacity is consumed. We have Level of Service F conditions. So we
have to do something.
The conventional improvements, widening from six to eight
lanes, acquiring the additional right-of-way because the current
footprint consumes all of the existing right-of-way. Acquiring
right-of-way would likely involve business damages; relocations, and
business damages. We would also have to reconstruct the overpass to
get the additional lanes underneath I-75 to the other side.
Pine Ridge Road at Whippoorwill Lane, we would be looking at,
in addition to the through lanes, adding additional turn lanes at that
intersection. Napa Boulevard would probably require no major
improvements other than the widening of the additional through lanes
and some signal timing.
As I mentioned, we also looked at the interconnection, how the
interconnection of Marbella and Whippoorwill would affect our
improvements, and a new traffic signal at Livingston Road and
Marbella Lakes Drive if that connection were made.
And we get very good results. We were able to resolve all of our
deficiencies by 2040 with this set of improvements, but we felt like
that there was a better way of doing it simply because adding the
additional lanes in that corridor is a very impractical solution.
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So the alternative to conventional solutions are what we call
innovative intersection improvements. And an innovative intersection
improvement recovers some of the green time that's stolen by certain
movements at an intersection.
Our problem is not the through -- the distances between the
intersections. The problem we face with congestion is at the
intersections. To give you an example, at a two-minute cycle, when
you're sitting at a traffic light for two minutes, if we had nothing but
east/west and northbound -- north/south movements, each of those
movements would be given half of the cycle of signal; sixty second for
each one given the four seconds of yellow and red.
However, we have to allow for the left turns, and the left turns
steal 30 percent of the through-movement capacity. So now all of a
sudden, instead of a two-phase signal, everybody getting 60 seconds of
time, we now have four phases where the through movements, the
amount of time given to the through movement, has been reduced by
30 percent. So instead of 60 seconds, they have literally only 40
seconds.
So what we've done is we've come -- we've developed a few
scenarios, a few concepts that would allow for recovery of that lost
green time.
One is called a partial continuous flow intersection which is, in
fact, the one we're recommending to you. We also looked at the jug
handle intersection, a single-point urban interchange, which is another
fancy name for an overpass like Airport Road and Golden Gate
Parkway.
At Pine Ridge Road and Whippoorwill we're looking at what we
call a super-street or an R cut, a restricted crossing U-turn, and I'll
show you what that looks like. At Pine Ridge Road and I-75 we're
looking at a diverging diamond concept as opposed to a cloverleaf
concept which would require massive amounts of right-of-way. The
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diverging diamond interchange is an innovative solution which, in fact,
is now operational at University Parkway in Sarasota. It's just been
open, to a great deal of success.
And with these solutions we get a better result. We get better
throughput through the intersections with these alternatives as opposed
to just simply widening the additional travel lanes, adding additional
through lanes, and adding additional turn lanes. Adding additional
turn lanes simple just allows more cars to go through. Under the
certain phase, you still have the lost green time that you're struggling
with.
The recommendations, the partial continuous flow intersection is
what we've recommended to you. We've also recommended the
restricted crossing U-turn and the diverging diamond. You should
understand that those two are intimately linked together, they're right
next to each other, and they are substantially within the -- I-75 is,
obviously, within the limited access right-of-way, and part of the
Whippoorwill intersection improvement would be within the FDOT's
limited access right-of-way.
So our recommendation is that that concept be with the diverging
diamond, it be pushed uphill, so to speak, to FDOT and have them
consider that as part of their next phase of work as a potential solution
for that.
The Pine Ridge Road at Livingston Road, obviously, is a county
improvement and would be subject to your approval.
Criteria we used, we looked at reducing the amount of delay and
the volume-to-capacity ratios, the cost not only of construction but
having to acquire additional right-of-way and pay business damages.
We also looked at potential negative impacts such as driver confusion,
noise, business access, or loss of business access, and we also
considered public opinion.
There was no shortage of public opinion during our process. We
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asked very specific questions of the public. They were allowed to vote
at our workshops, at our meetings. They had little devices that allowed
them to vote on the questions and information, and the results were
immediately displayed for their review. All of that information is
included in your backup material in the report.
This is what the intersection at Pine Ridge Road and Livingston
Road looks like today. Livingston Road is running sideways across this
way. This is Livingston Road. This location in the upper right-hand
corner is where the new Honda dealership is being constructed. I-75
would be down at the bottom end of the exhibit.
This is what's called a continuous flow intersection, or a CFI, and
it operates essentially by eliminating the left turns from the -- of
Livingston Road. North and southbound left turns are eliminated from
the main intersection. They occur in advance of the intersection. If
you're traveling northbound on Livingston Road and you want to turn
left onto Pine Ridge, instead of turning left at this point here, you
would actually turn left here, and you would get into the lanes here and
you would make the left turn.
Now, why would you do that? Well, those left turns, northbound
lefts and southbound lefts will now occur at the same time as the
through movements occur. So when the north and southbound
movements are passing here, these lefts and these lefts occur
simultaneously. So we've eliminated that left turn phase from the
traffic signal. The left turn here occurs at the same time as these
east/west movements are occurring, so there's no loss of time for these
left turns at all.
We've also added a U-turn here, because we learned at our public
workshop that there was a problem for people leaving this shopping
center trying to get back south on Livingston Road. So we were able
to incorporate a U-turn here that would allow people to come out of the
shopping center -- it's just off the screen here -- and then make the
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U-turn at that signal. These are protected left turn signals.
The Pine Ridge movements do not change at all. So if you're
traveling on Pine Ridge and you want to turn north or south on
Livingston Road, you simply get into those same lanes you do today.
The ideal situation would have been to do the same thing on the
Pine Ridge Road approaches, but we don't have the right-of-way to do
it. So we're able to recover some of that green time that's been lost to
the left turn movements by incorporating just what we call the partial
continuous flow at that intersection.
This particular improvement makes better use of the existing
infrastructure, we get a better level of service, a reduced delay, it
reduces travel time, there are fewer conflict points, it improves the
safety for pedestrians and motorists. It's actually less distance that
pedestrians must cross at a single time in order to get from Point A to
Point B. There are more median refuge areas provided.
The cost is about $6.6 million. It minimizes the need for
additional right-of-way and business damages. This particular cost
estimate and all the cost estimates we're talking about today are basic
what we call brick and mortar costs, unit costs from FDOT. It does not
include the cost of engineering and right-of-way and CEI and those
types of things. But to be comparable in terms of what -- the cost of
one improvement to the other, we used the FDOT unit costs.
At Pine Ridge Road and Whippoorwill Lane, we're talking about
what's called a restricted crossing U-turn. This is the existing
alignments. Pine Ridge Road is going from right to left. Whippoorwill
is to the south. There's a gas station and the new bank on the north
side of Pine Ridge Road there.
Right now this is a four-phase signal, just like most intersections
where there are protected left turns. What we're proposing is a
restricted crossing that prohibits -- in this particular design prohibits
left turns at the intersection, and it prohibits through movements at the
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intersection for Whippoorwill north and south of Pine Ridge. The Pine
Ridge intersection movements are exactly the same.
If you want to come from Pine Ridge into Whippoorwill, you
make a left turn or a right turn; the same way the north side. If you
want to go left, if you're traveling on Whippoorwill approaching Pine
Ridge and you want to turn left, you will be forced to turn right and go
down about 600 feet, plus or minus, and make a U-turn at a protected
signal. Those what are called loons at the far end at the right and left,
allow for people to make those you U-turns. It accommodates trucks,
buses, and the like.
COMMISSIONER TAYLOR: So, obviously, when you took
people's pulse, you didn't consider it? Because this is the one -- this is
the one that has got so many people, including the bank area and the
Kraft Road area, very, very upset.
MR. PERRY: Yes. We understand that there's a lot of concern
or a lot of -- concern about this particular improvement. People, for
whatever reason, are inconvenienced, feel inconvenienced by having to
make a right turn and a U-turn, something that they probably do every
day in most locations. When you're traveling on these highways, not
everybody has a median opening to go. But the people that live and
work along this particular corridor, Whippoorwill, generally oppose
this particular alignment.
Now, our feeling is that this type of -- this type of improvement
recovers -- it literally doubles the throughput of Pine Ridge Road
which was the purpose of our exercise was to try to find a solution that
would improve the capacity of Pine Ridge Road. Keeping in mind that
we're talking about something that's got to go from Pine Ridge -- from
I-75 all the way to and through Livingston Road.
So if we don't do something here -- we have a solution for I-75
and we have a solution for Livingston. If we don't do something here,
we're going to have a bottleneck. So we literally have not solved the
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problem if we don't do something here.
There may be other solutions here. We've talked about reversing
this so that you have a left out and don't have the -- you know, there
could be some other solutions. As I mentioned before, this is an FDOT
-- this will -- we believe this is FDOT's project to deal with because it
is integrated with the I-75 interchange. The right turn movements are
-- the U-turning movements on the east are, in fact, within the limited
access right-of-way.
This is the same solution that FDOT is deploying -- designing
right now at Colonial in Fort Myers to handle the forum traffic and as
well as the DDI, which we're going to be talking about in just a
moment. These are -- there's no question that this will inconvenience
motorists. They may not realize it; they may have less time to wait to
do this because it's going to operate more efficiently, but -- and there is
more travel. Obviously, they have to travel an extra 600 feet in one
direction, make a turn, 600 feet in the other direction to get back to
where they wanted to be, but we do believe it solves the problem.
COMMISSIONER SAUNDERS: Mr. Perry, in terms of the
potential time it takes, right now you can have -- I guess you have
some sort of an estimate of how long it takes if you're on
Whippoorwill and you want to turn left heading west on Pine Ridge. It
takes a certain amount of time.
Are you able to do some sort of a comparison as to what it might
take if you make that right turn, go 600 feet, and make a U-turn?
Obviously, there's a sense that there's an inconvenience making the
right turn.
MR. PERRY: Yes.
COMMISSIONER SAUNDERS: And you just pointed out that
it may actually be faster for them, which it's hard to get your arms
around that. Is there any kind of an analysis that would show how long
it takes typically to make that left turn off Whippoorwill and Pine
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Ridge Road compared to what would take you to make a right turn and
then a U-turn?
MR. PERRY: Yes. And I can't -- I can't give you that number
right at the moment but, yes, we do have it. It's in the analysis, what's
called the delay, the amount of delay that's experienced in the existing
condition versus the delay that would be experienced in --
COMMISSIONER SAUNDERS: I'd like to see that because I
think that that might be some helpful information.
MR. PERRY: Okay.
CHAIRMAN SOLIS: It is less, though --
MR. PERRY: Yes.
CHAIRMAN SOLIS: -- to make the U-turn?
MR. PERRY: Yes. Generally speaking, depending on the time
of day, obviously, that -- the a.m. peak is different from the p.m. peak,
and we've been told and we understand from our data collection that
the vast majority of the movements out of Whippoorwill onto Pine
Ridge are left turns. And there is -- one solution to that would be not
to -- although it's not as efficient as this, would be to reverse this so
that we have left turn; we'd prohibit the right turning movement. So
that's a potential solution or at least a compromise, I would say. It
doesn't give us the same amount of throughput on Pine Ridge Road
because Pine Ridge Road would have a longer cycle, you would have
longer phase or stop phase to allow those movements to take place, but
it would be something that could be looked at by the department.
CHAIRMAN SOLIS: Just -- and I know this is probably out of
the blue, but do you have any idea of what the number of accidents at
that intersection was in the last year?
MR. PERRY: I couldn't tell you. When we -- we met with the
fire chief and one of his deputies, and they indicated that it was one of
the worst accident prone areas that they have, that it's perhaps not the
most in number, but there are -- and people have told us the same
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thing, that -- when we talked with them about it, that -- yeah, there are
-- the accident data is available. I don't have that specifically.
CHAIRMAN SOLIS: I know it's very high.
MR. PERRY: Yes. We're basically getting the same benefits that
I talked about in the other in terms of the amount of additional
throughput for the intersection, reducing delay.
This particular improvement would cost about 4.8 million. There
are additional signal improvements that would have to be made.
Obviously, some reconstruction of the facilities.
The last improvement we're recommending that you forward to
Florida DOT is what's called a diverging diamond interchange. What's
out there now is what's called a tight diamond. They have traffic
signals on both sides of the overpass. Those signals operate much like
any other signal, multiphase, allowing all of the left turns and so forth
to occur at those traffic signals.
What we're proposing is what's called a diverging diamond
interchange. As you approach the intersection, at the first signal you'll
be directed -- the traffic lanes will move to the other side, to the left
side of the median, travel underneath the bridges, and then at the
second signal we'll transition back over to the right side of the median.
And you would ask, why would you do that? Well, number one,
that signal no longer handles anything other than the through
movements. So we've eliminated those excess phases that steal green
time from the through movements. The other thing it does is that it
puts the off ramp and on ramp movements on the same side as the
through lanes. And those on ramp and off ramp, specifically the off
ramps, are signal controlled to make sure they're not merging at the
wrong point in time.
But there are no left turn crossing through movements at this type
of intersection. So there's a significant throughput, significant amount
of capacity added to the interchange by eliminating the phasing of the
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signals and allowing those turns to occur on the same side of the road
so that they're not having to -- you don't have to stop the through
movements in order for people to get on or off the interstate.
And this, as I mentioned, is fully operational and very successful
at University Parkway in Sarasota, which was a terrible interchange
until they fixed it. Having been through it a number of times, it was
one that was avoided by many people.
Basically, the significant advantage to this is that we don't need
additional right-of-way. Everything happens within the existing
footprint. The bridges do not need to be widened because we're not
adding lanes underneath the bridges. We're simply changing the
direction of which way they're going underneath there. We can handle
pedestrians through this particular design, and it's a very efficient
operation.
So our recommendations to you are to, number one, accept the
study, number two is to pursue -- give your staff direction to pursue the
partial continuous flow intersection at Pine Ridge and Livingston
Road, and the third is to continue discussions with FDOT regarding the
intersection improvements at Whippoorwill Lane and I-75 to include,
at the very least, discussions about the R cut and the DDI.
And if you have any other questions, I'll be happy to try to answer
them for you.
COMMISSIONER FIALA: No questions from me, except I
wanted to tell you that it was so innovative, and it was fun just
listening to what you've thought of doing; things that I guess people
like me would have never thought of doing. It was just great seeing all
the ideas that you came up with.
MR. PERRY: Thank you.
CHAIRMAN SOLIS: That's it?
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And this is something
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that I mentioned to Nick and Leo yesterday when we were meeting,
and I know Trinity's standing right behind Mr. Perry right now
probably to get ready for this.
But one of the innovative thoughts I haven't heard mentioned in
quite some time is the connection or connect-ability at Vanderbilt and
I-75. I haven't seen any kind of a cost comparison. All I've had,
whenever I've mentioned this in the past, is people tell me that U.S.
Department of Transportation doesn't afford us that opportunity until
we have necessarily exhausted all other alternatives. And I would like
to know what the cost-benefit analysis is of that. Not necessarily
today.
I mean, this isn't the first time we've seen these suggestions. This
all came to us last year in the MPO, but I just want to say it out loud.
MS. SCOTT: If I may, Trinity Scott, Transportation Planning
manager for the record.
I actually had a picture that I pulled from the Property Appraiser
this morning of that interchange area, because looking at it from an
aerial perspective, it will be very expensive to build an interchange in
that area. Wilshire Lakes as well as one of the Walks, Village Walk, I
believe, is very close to that interchange with homes. It would be my
-- as well as the park property, which we already have a shortage of
soccer fields in the county -- would be very significantly impacted.
And, actually, that interchange was discussed during the original
I-75 master plan, and it was pulled out because, as most of us up on the
dais and the audience know, FDOT and the U.S. DOT, Federal
Highway Administration, does not advocate for interchanges that
support only local traffic or majority of local traffic. And that is why
that interchange was actually pulled from consideration back in the
1990's was because, based on the modeling efforts at that time, it
would have served majority only local trips.
Now, with that being said, the Florida Department of
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Transportation has programmed a new PD&E for I-75 to look at
interim as well as ultimate improvements along the interstate, and we
have passed that on to FDOT for their consideration during their
upcoming study. I think they have it programmed in the next five
years based on their work program.
And if I may, we actually do have accident data. Lorraine always
has great stuff behind me here.
We pulled traffic accidents from 2005 to 2017, and during that
time frame it was 27th in the county. It had 466 accidents -- this is
Pine Ridge at Whippoorwill -- 54 serious injuries, and two fatalities.
And, in fact, during some of our public information meetings, we had
heard horror stories from some of the folks who live on Whippoorwill
who had been stuck for many hours not being able to get out because
the roadway was closed based on a major item.
But one other item that Jeff did not touch on with regard to the R
cut -- I'm going to go back a few slides if I can find it -- is that we do
have another interconnection that we are working on that is nearly
complete, which is behind the Naples Nissan. It goes through the
Kraft dealership, through the new assisted living, behind the first
station, and into Marquesa Plaza. So the folks who live on
Whippoorwill will have an alternative route other than the intersection.
They'll be able to get over to Livingston and ultimately be able to go
north or south on Livingston based on the continuous-flow
intersection. Thank Mr. Casalanguida for fighting the fight through
the years when he sat in my job of getting that right-of-way set aside.
So we are working on the final pieces to have that constructed.
So that will give some other alternatives as well, as opposed to just
going out right and making the U-turn.
COMMISSIONER TAYLOR: That would be very helpful.
CHAIRMAN SOLIS: Just so I understand, that goes from
Whippoorwill west?
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MS. SCOTT: Yes, to Livingston.
CHAIRMAN SOLIS: Behind -- in between, say, the Avow
Hospice facilities and the dealership?
MR. CASALANGUIDA: The back of the dealership is a
connecting road that goes up, in between the bank, and in between the
bank it goes west to the new development. From there it connects to
the side of Marquesa Plaza. And I'd be remiss not telling you that
every time you approve a project, interconnection is important, and --
MS. SCOTT: We actually have it up on the visualizer now. So
this is Naples Nissan. This is the Kraft buildings. This is the new
assisted living. It's under construction right now. If you go out, it's
under construction. This is the last piece that we're building, and it
will connect into the back of Marquesa Plaza, and then, as Jeff had
shown before, if you come down to the south end of Marquesa Plaza,
you can come out -- you'll be able to make a U-turn to go south on
Livingston or make the right out and go north, be able to make the left
on Pine Ridge. So we do have some other alternatives. It wasn't just
the right in -- the R cut.
COMMISSIONER TAYLOR: Or punching through
Whippoorwill to Marbella Lakes?
MS. SCOTT: This particular study did not make a
recommendation either yea or nay for that, but we did test all
alternatives with and without, because we don't want to tie the Board's
hands in the future or have something that, if you decide you want to
do that interconnection, it blows everything up on Pine Ridge.
So we did test it with and without; did not have any significant
impact on anything that we tested, but this study does not make a
recommendation one way or another.
COMMISSIONER TAYLOR: This is wonderful. It makes
sense.
CHAIRMAN SOLIS: I had just a couple questions before we get
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to the public speakers. Would -- these improvements in the area of
corridor study, will that improve the congestion all the way down Pine
Ridge Road? I mean, is it going to have any effect -- if the traffic's
moving east/west, can we expect something towards 41?
COMMISSIONER TAYLOR: No.
CHAIRMAN SOLIS: No? No really?
MR. CASALANGUIDA: No, sir. That's not -- no, sir.
MS. SCOTT: I would say that that will be one of our future study
areas --
CHAIRMAN SOLIS: Okay.
MS. SCOTT: -- as well as, I'm going to go out on a limb here,
probably Immokalee Road we're going to be looking at some similar
treatments. On some of these larger corridors where -- in the urban
area we only have four areas to be able to get to I-75, and those areas
get congested every single night in the p.m. peak.
And so looking at these corridors and trying to come up with
these type solutions to be able to move the throughput -- and also, with
your help on the MPO board, continuing pressure with FDOT to
improve I-75, because right now we're experiencing delays from
Bonita Beach Road south that are impacting our local roadways. So
we need that corridor to work as well.
CHAIRMAN SOLIS: And a last question, on the diverging -- no,
on the Pine Ridge/Livingston improvement. That one.
MS. SCOTT: I have to go back. Right there.
CHAIRMAN SOLIS: That one. Did the additional cost of
getting into the water management over there on the northwest corner
-- I think that's the northwest corner.
COMMISSIONER McDANIEL: This is actually the southwest
corner.
CHAIRMAN SOLIS: Southwest corner.
COMMISSIONER McDANIEL: That's the one where they've
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got Livingston going east and west.
CHAIRMAN SOLIS: Right. Was that taken into consideration
in this? Because it looks like it gets out into the water management.
MR. PERRY: Yes. The cost -- the construction cost for -- this
would not be a bridge. We did look at one alternative, the jug handle,
which is actually a bridge through there, which raised the cost
substantially. But, no, this particular amount would include fill and
bulkheads and that type of thing.
CHAIRMAN SOLIS: Okay. All right. Thank you. Any other
questions for staff?
MR. PERRY: I do have one followup to Commissioner
Saunders.
The existing delay that we measured is 90 seconds for
right-turning vehicles, okay, and then what would be 65 -- 65 seconds
in the future condition with the -- is that what was that --
CHAIRMAN SOLIS: Right-turning vehicles or left-turning?
MR. PERRY: Is that what --
COMMISSIONER SAUNDERS: No, I was interested in the
left-turning vehicles.
MR. PERRY: Oh, the left turns. Okay. I'll have to go back and
look it up.
CHAIRMAN SOLIS: We have public speakers.
MR. MILLER: Yes, sir. We five registered public speakers on
this item. Your first speaker is Rob Novotny. He will be followed by
Bill Confoy.
MR. NOVOTNY: Good morning. My name is Rob Novotny,
and I live there. I mean, I just saw my house as you put up that last
thing. I've been there 11 years full time.
I guess I don't understand the objective of spending the money to
do anything, because, of course, I lived in New York City and
commuted from Manhattan to New Jersey every day for 11 years. So
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traffic that we experience is a joke.
That being said, ironically I've been here all morning, so I was
able to listen to your discussion about the 1 percent sales tax. I can
save you 31 million by not doing anything there. For 11 years, I
probably make five trips north and south out of Pine Ridge and
Livingston right there, Brynwood Preserve, 81 houses.
Yesterday for the first time at 5 o'clock I actually had to wait a
second light on Pine Ridge and Livingston to go north. Now, I know
that doesn't sound like much, but I just don't understand it. I didn't
understand it last June when I went to the big meeting that we had at
the YMCA to talk about this. I just didn't understand what anybody
was concerned about.
The other thing I wanted to ask a question about was is peak time
-- and I do agree with peak time but, Andy, you made a comment
about, are we going to have any help beyond -- as we get -- go west? I
mean, the real hassle on Pine Ridge Road is going anywhere west of
Airport Road. But the other part of it is we only have real backups in
traffic three months out of the year. And if we're trying to take care of
the snowbirds, then, I guess, that's part of your jobs. I just don't see the
need for doing anything at that intersection.
And as far as accidents go, as far as, I live there, and I listen to the
noise every night. And I'm sure we have as many as were reported.
But, frankly, I don't think that, again, is a real reason to spend $31
million. I'm a consultant, and I spend my entire career teaching people
how to save money. So out of $490 million you were looking at, I
definitely know where you could save 31 million, and the outcome of
that is probably, if I read the statistics right, it's just going to mean that
people are just going to have to sit there for 30 more seconds.
And I also buy my gas at Whippoorwill, and it would be a pain in
the butt to have to make the left and the right-hand turn. And I'm
surprised -- the other thing I'm surprised at is I have an HOA of 81
March 27, 2018
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people that live right there, and I don't remember being asked to come
to a meeting.
So thank you.
MR. MILLER: Your next speaker is Bill Confoy. He will be
followed by Glenn Wiggins.
MR. CONFOY: Good morning. Thank you for inviting me here
to speak.
We all remember the Airport Road, the flyover there many years
ago and how successful that flyover has been. And many possibly
objected to that when it was put in. It was expensive, but it's been a
major boon to anybody that lives east of Livingston or on Livingston
Road, which is where I live. I'm in Wyndemere. We were the first
people to get an outside presentation of the traffic-flow pattern,
including the one that's on the screen there.
And the 640 people at Wyndemere were in favor of the flyover.
We felt that this particular presentation here was more confusing than a
simple flyover.
Actually, the flyover we preferred was the one that was never
presented, and that's the one that goes from east to west, because it is
Livingston -- it is Pine Ridge Road that we're trying to solve the traffic
problem on, and a flyover going in that direction, there's no stoppage
of traffic. Now, the reason we were given that that was never done
was because that it would be too much condemning or need of
additional property. But the property we're talking about, at least I
think so, is where there's a building that hasn't been completed for the
Honda dealership. Certainly, that must have been taken into mind
when we were looking at these things, and the one on the northwest --
northeast corner, that's a fairly new shopping center. And, certainly,
we knew this was coming, and they must have taken into account the
approval for that shopping center.
So why isn't -- why aren't those properties available that we could
March 27, 2018
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use to make this a final solution? My feeling is that if we put this in,
that we'll be weeping and gnashing our teeth in about 10, 15 years and
saying, gee, why didn't we spend the money to do it right in the first
place so that we don't have to readdress this problem in the future. I
won't be around to object, but I'm sure some of you will.
So our opinion of the selection, at least the 640 people at
Wyndemere, was that we prefer a flyover but, more importantly, we
prefer a flyover in the east/west direction and would like to get some
numbers as to why this wasn't even presented as an option.
Thank you.
MR. MILLER: Your next speaker is Glenn Wiggins. He'll be
followed by Garrett Richter.
MR. WIGGINS: Thank you. I'm Glenn Wiggins. I'm the pastor
of the Seagate Baptist Church on Whippoorwill Lane, and we've been
there over 30 years in that location.
And I want to say first off, thank you for your service, and we
pray for you on a regular basis at our church.
COMMISSIONER McDANIEL: We need that.
COMMISSIONER TAYLOR: We need your prayers.
COMMISSIONER McDANIEL: I was just going to say we need
that.
MR. WIGGINS: We're praying, I want you to know, and we
appreciate all that you're doing.
But I'm representing our church, and I'm representing many of the
businesses that are there. Rick Johnson Auto and Tire, Best Western,
IHOP, Naples Nissan, Hospice, all these business are in agreement that
we do not want our left-hand turn to be cut off at Whippoorwill Lane.
Going back to what they suggested about the connection there
behind the Naples Nissan, that's right in front of our church, and we
already have a problem with turnarounds in our church because of the
median that was put in. And when we tried to cut off Dudley Lane
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back years ago, that, of course, the Commission voted to keep open,
which we appreciated.
But I think you ought to drive that lane back there and see how
narrow it is. And cars will probably just whip through there, and many
other accidents will happen as well.
I know there's uprising with the Marbella Lakes, but that,
obviously, could be a solution as well to help alleviate some traffic
flow there.
It's my understanding, also, that the majority of the homeowners
association and residents and those who will find out about this will be
opposed to the left-hand turn being taken off.
If you look back at what they were proposing on Whippoorwill
Lane, when you go to take a right-hand turn, they cut all the left-hand
turns off. All those right-hand turns, a majority of those are going to
try to race over to get to the left-hand lane. That's one stoplight.
Then we go to the intersection, we come to the bubble, that's two
stoplights, and then back through, that's three stoplights. So that's a
real inconvenience of time, and I believe when you find out the study,
you'll find out the left-hand turn is a lot faster now than it will be for
the residents and businesses that are there as well.
And so I'm asking for a common -- I just wanted to go on record
today that we are against Whippoorwill Lane's left-hand turn being cut
off.
Again, we appreciate your service and all that you do. And we
oppose that. Maybe we can have some longer signal times. The
majority of the turns happen in the morning time, the majority going
on to Pine Ridge Road, so maybe the signals could be lengthened a
little bit, maybe there's some other options for opening I-75 at other
areas, like maybe even out in the Golden Gate Estate area as well, and
I'm sure that you've looked at that as well.
And, again, there's a safety issue. I believe that there will be more
March 27, 2018
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accidents when these kind of things happen.
Again, I appreciate your service. And I know this isn't an easy
solution, but I know that we'll find the right one together, and I
appreciate that so very much.
MR. MILLER: Your next speaker is Garrett Richter. He will be
followed by Jeff Wright.
COMMISSIONER McDANIEL: Garrett Richter's not here.
MR. CASALANGUIDA: Mr. Richter had to leave.
MR. MILLER: So your final speaker on this item will be Jeff
Wright.
COMMISSIONER TAYLOR: May I speak for Mr. Richter,
because he did text me this morning, and he objects to the restriction of
the left-hand turn. Thank you. I beg your pardon.
MR. WRIGHT: Good Morning, Chairman, Commissioners. I'm
Jeff Wright. I'm an attorney with the Henderson Franklin Law Firm,
and I'm here on behalf of Livingston and Pine Ridge, LLC, the owner
of Marquesa Plaza. We just want to express our support for the CFI
option at that intersection, and I wanted to say thanks to staff. I know
they put in a lot of work behind the scenes, and Lorraine Lance, in
particular, answered every time I called and provided me every piece
of information I needed along the way.
So, with that, we request that you accept staff's recommendation.
Thank you.
MR. MILLER: And that is your final public speaker on this item.
MR. PERRY: Mr. Chairman, if I can try to --
CHAIRMAN SOLIS: Yes, sir.
MR. PERRY: -- answer the question right this time.
The existing northbound left out of Whippoorwill, the delay is
currently 90 seconds. That's per vehicle; in other words, the average
delay. If in the no-build condition, if we don't do anything, by the year
2040 the delay will increase to 140 seconds of delay per vehicle, and
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then the R cut solution is 56.3 seconds for the right-turn delay, because
there is some delay that the right-turn vehicles will have to wait until
the signal changes so that they can get out safely. So there is still some
delay for those right-turning vehicles.
The amount of additional green time throughput through that Pine
Ridge intersection doesn't mean that you're going to have to stop at
three signals. Once you've made that particular turn, the chances are
very likely that unless you're at the tail end of the line, you're probably
going to make it all the way down to the U-turn, through signal, and
back up through the intersection at one time.
So the amount of delay is probably going to be less for every
vehicle exiting Whippoorwill than it would be if you don't do anything.
The speaker mentioned talking about changing the timing on the
signals. If we change the timing of the signals, there's going to be
more delay coming out of Whippoorwill. We have to give more green
time to the through movements that we're trying to accommodate.
That's the only signal timing that would be effective.
COMMISSIONER SAUNDERS: And, Mr. Chairman, just -- I
travel that every morning going west on Pine Ridge from Santa
Barbara or Logan through that intersection. If those intersections aren't
fixed, once you make that left turn off of Whippoorwill in the morning,
you've got a very substantial delay, you know, a couple hundred yards
down the road at Livingston. So by fixing both intersections, that's
going to make travel time a whole lot better.
I know change is difficult, and I certainly can understand the
reluctance to make a right turn and have to make a U-turn. It sounds
like a lot, but that -- if we don't fix those intersections, that's a real
nightmare there. So I like what staff has put together here.
CHAIRMAN SOLIS: And I would just like to say that I also like
what staff has put together here. I would point out, though, that if none
of this is going to impact what's going on west on Pine Ridge Road, I
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don't know that, in the grand scheme of things, we're kicking it down --
literally kicking it down the road.
Because I agree with the first speaker; it's been my experience
that, you know, some of the worst traffic and some of the delays is
actually between Airport Road and 41. And I'm wondering where we
are and if we have any plans for a corridor study on that piece of it to
solve the whole problem.
Are we -- and maybe I should know that already, but -- or maybe
that's a better question for staff. I know this is out of the blue, but it
occurred to me.
MS. SCOTT: I utilize the AUIR, the Annual Update and
Inventory Report, when I'm looking at projects that are slated to come
to a time frame when, during the peak hour, peak direction, that the
level of service is reaching F.
And that particular section of Pine Ridge Road, Shirley Street to
Airport, it's currently operating at a Level of Service D. So if I'm
looking at prioritizing our planning studies, I think I'm probably going
to wind up up at Immokalee Road next near the interchange.
So what we found with this particular project is that by us starting
the project, it kind of pushed FDOT in the right direction because we
started doing some of the analysis for them.
So our next one will probably be up at the Immokalee corridor
near the interchange to try to help push FDOT in the right direction
again, and then I suspect we're going to come back to Pine Ridge Road
and start moving out from Livingston.
So thinking about the p.m. peak hour direction is eastbound in
this particular area. So by getting the end of the funnel fixed, we can
start moving back, because if we would have fixed Airport to Pine
Ridge first, we just would have moved them to this segment of
roadway quicker, and they could have waited. So we're going to --
we'll probably wind up moving back forwards from here.
March 27, 2018
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CHAIRMAN SOLIS: As long as we keep --
MS. SCOTT: We'll keep going.
CHAIRMAN SOLIS: -- moving up the funnel, that's okay.
MS. SCOTT: And I'll tell you, County Manager's Office thought
we were insane when we started pulling these things out and really
going through them, but they've been really open minded as well as the
public as far as looking at things that are different.
CHAIRMAN SOLIS: What came to mind was it's just sort of
like a briefcase on wheels; how long did it take us to figure out that
that was a good idea? Only a couple million years. Okay. Never
mind. I digress. Thank you.
Commissioner McDaniel.
COMMISSIONER McDANIEL: I have to catch my composure.
That suitcase on wheels thing's got me.
CHAIRMAN SOLIS: Well, it took us a while.
COMMISSIONER McDANIEL: Exactly. And, you know, there
again, I mean, I full well understand why we're doing what we're
doing. I listened, though I wasn't up here at the time with regard to our
first speaker, and I heard the differentiation in time from 90 seconds to,
I think, 140 seconds is, in fact, the improvement, but it is a process for
us to show a cooperative effort with DOT to be able to do the
necessary improvements to our roads.
And I think that's something that we need to keep at the forefront
as we're moving through in regard to this. It's not just -- this is a
segment that we're talking about, and we all know that there are major
issues when you move further west, so...
CHAIRMAN SOLIS: Is there a motion?
COMMISSIONER SAUNDERS: Not hearing one, I'll make a
motion --
COMMISSIONER McDANIEL: Yes.
COMMISSIONER SAUNDERS: -- to accept the report and
March 27, 2018
Page 95
accept the recommendations from staff and to move forward with these
interchange improvements.
COMMISSIONER FIALA: I'll second it.
COMMISSIONER McDANIEL: Yes.
CHAIRMAN SOLIS: There's a motion and second. Any further
discussion?
COMMISSIONER TAYLOR: The recommendation -- yes, the
recommendation for Whippoorwill is not to move ahead but to
consider other alternatives. That's the wrong -- that wasn't --
MR. OCHS: No, ma'am. It's to move this -- these designs
forward to FDOT to have them evaluate both the interchange and this
intersection, correct, Trinity?
MS. SCOTT: Correct.
COMMISSIONER SAUNDERS: That's my motion.
CHAIRMAN SOLIS: Yeah. This will just move it to FDOT to
do their evaluations.
MR. OCHS: Right.
MS. SCOTT: For Whippoorwill and the interchange. The
continuous-flow intersection at Pine Ridge and Livingston would
allow staff to proceed forward with design.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER McDANIEL: And that does include the right
turn U-turn for left out of Whippoorwill?
MR. OCHS: Correct.
CHAIRMAN SOLIS: So there's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
March 27, 2018
Page 96
COMMISSIONER TAYLOR: Aye, for reasons stated. I think
there needs to be a little bit more work done on Whippoorwill.
MR. OCHS: Mr. Chairman, I know you're approaching
lunchtime. I had a member of the audience that's here to speak on 11E,
asked if it would be possible -- they have a member that's got a
medical issue after lunch that has to be attended to. I didn't know if
you wanted to try to take that one. I think we -- how many registered
for that? Eleven --
MR. MILLER: We have two registered. It's actually one woman
who's had additional time ceded to her from her husband; Ms. Cothran.
MR. OCHS: Okay. Your call, Mr. Chair.
CHAIRMAN SOLIS: I think we can do that. We can
accommodate that. Thank you.
Item #11E
INVITATION TO BID NO. 18-7265 TO COASTAL CONCRETE
PRODUCTS, LLC IN THE AMOUNT OF $1,358,318.83 FOR
PROJECT NUMBER 70190, “39TH AVENUE NORTHEAST
WATERMAIN EXTENSION AND UTILITIES”; AND,
AUTHORIZE THE CHAIR TO SIGN THE ASSOCIATED
AGREEMENT AND BUDGET AMENDMENT – APPROVED
MR. OCHS: This is Item 11E. It's a recommendation to approve
an award of a bid to Coastal Concrete Products in the amount of
$1,358,318.83 for the 39th Avenue Northeast water main extension
and utility installation.
Mr. Dane Atkinson, your project manager, will make the
presentation.
COMMISSIONER McDANIEL: Mr. Chair?
MR. OCHS: Or answer questions.
March 27, 2018
Page 97
COMMISSIONER McDANIEL: I was just going to say, if you
want, I mean, I've gone through this pretty extensively and, I mean, I'd
like to hear from our public -- unless you-all want the presentation, I
can --
MR. OCHS: This is a water main project that will serve your
new northeast recycling center, your IFAS existing building and,
ultimately, the Big Corkscrew Island Regional Park. So that's,
essentially, the presentation.
CHAIRMAN SOLIS: That's -- that will be fine with me. Any
objection to just hearing the speakers?
COMMISSIONER TAYLOR: Not at all.
COMMISSIONER McDANIEL: I'd just like to hear from them.
MR. MILLER: Mr. Chairman, your speaker is Shirley Cothran.
And she has been ceded three additional minutes from Michael
Cothran. Michael, can you raise your hand and indicate.
COMMISSIONER McDANIEL: He's here. I see him.
MR. MILLER: You've got six minutes, Ms. Cothran.
MS. COTHRAN: Okay. I am not against any of those things that
were mentioned. I'm not against the park, the recycle center, or
anything. It's the way that they're going about it, and it's this water
pipe.
The county doesn't have a right to put a water main in the access
easement where they want it. 39th Avenue Northeast, the road that
leads to the fairgrounds, the recycling plant, and will lead to the new
park, belongs to Waterways of Naples Homeowners Association, not
the county. The county has an access easement.
The original easements were granted in 1987 and 1988. One was
2,000 feet by 4,000 feet -- by 74 feet, and another one was -- and that
was for the public. Another was a thousand by 74, and that was a
private easement for the transport of agricultural products.
In 1996, Waterways of Naples filed its covenants and restrictions.
March 27, 2018
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These restrictions say, in part, that everything that's contained within
Waterways' boundaries are for the benefit of the residents. It has a
separate paragraph saying that nothing is dedicated to the public.
Five years later, the last phase of Waterways was platted. The
plat says there may be additional restrictions that are not recorded on
the plat, i.e., those two easements that were granted in the '80s.
The plat also identifies several types of easements: Utility, lake
maintenance, access. The access easement is dedicated to the public
for ingress and egress.
There are many utility easements that are shown on the plat, but
none of them are inside the access easement. And I've got a -- I've got
the plat, part of the plat, here.
The county came to Waterways and asked them to sell them a
utility easement, so they knew they did not have an easement. We said
we couldn't do that per the restrictions.
The county went to the fair board, who leases the fairgrounds
from the county, and that's directly north of this area, and asked the
same thing, and the fair board said, yeah, sure. So they've got an
easement to the north.
Public utilities then went to the county's legal department and
asked if they could put utilities in the access easement. The attorney
for the county said yes, basing the decision on a case where the Court
found that power lines were a modern form of the Pony Express.
Now, let me explain this to you. I have to look at my notes. The
case was Narborne (phonetic) versus Florida Power Corporation, and
there was a highway easement, and the Court there said, because
highways used to carry communications, letters, and other things on
foot and then on horseback and then on moveable vehicles from one
place to another, and now you can transmit data over power lines, the
electronic highway, therefore it's okay to put power lines on highway
easements because they don't really interfere with the other things that
March 27, 2018
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are moving on the highway.
I don't think that power lines and water lines are the same thing.
And I'm trying to figure out how I'm going to get my letter in a bottle
into this water main if it's the same as an electronic highway.
The court case goes on to say that if the grantor of the easement
had wanted to use it for utility -- not want to use it for utilities, he
should have said so.
I contend that there is no acceptable way on a plat to show that
this area doesn't have any other easements in it. It's just blank.
If -- the Waterways plat shows utility easements, maintenance
easements, et cetera. There is a utility easement that comes up along
the east side of the lake and goes north and stops 74 feet from the --
from the north border. Those 74 feet are the access easement. If they
had wanted the utility easement to go into the access easement, they
would have drawn that line another 74 feet, and they didn't. So the
access easement was only intended to be an access easement, not to
have a water pipe in it.
Power lines and water lines are fundamentally different. If a
water line breaks, the escaping water will erode our lake bank and
wash the dirt into our lake. Currently, we are looking at almost
$100,000 to repair our lake banks as they are now just from normal --
and $100,000 is a lot to us.
The latest construction plans for the roadway extension calls for
swales on the new part. Is that six minutes?
MR. MILLER: Yes, ma'am.
CHAIRMAN SOLIS: Thank you. Thank you.
MS. COTHRAN: What?
CHAIRMAN SOLIS: Your time is up.
MS. COTHRAN: I am surprised. I did this all in five minutes.
Anyhow, they're using outdated permits to do this. They're expired.
CHAIRMAN SOLIS: Thank you.
March 27, 2018
Page 100
MS. COTHRAN: Thank you.
MR. MILLER: That was our only speaker.
CHAIRMAN SOLIS: Okay. Any other discussion?
COMMISSIONER McDANIEL: Well, I would like to say -- I
mean, I've looked into this quite a bit, and Ms. Shirley and I have
spoken at length with regard to this, but -- and I'm in a very compro --
she provides a very compelling argument, but our staff, utilities
department, my legal counsel, our legal counsel, have all ratified that
what we're doing is within the bounds and the rights of the county, so
I'd like to make a motion that we move this forward in an affirmative
manner.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SOLIS: There's a motion and a second. Any other
discussion?
(No response.)
CHAIRMAN SOLIS: All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries unanimously.
Now we're ready for a lunch break?
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN SOLIS: Oh, yes.
COMMISSIONER SAUNDERS: We only have two items, I
believe.
CHAIRMAN SOLIS: Oh, two items left.
COMMISSIONER SAUNDERS: And I don't think there will be
March 27, 2018
Page 101
any discussion on either one of them.
CHAIRMAN SOLIS: Okay. Is that correct, Mr. Manager, two
items left?
MR. OCHS: You have, I think, three items. But we can keep
moving on here and get you out of here, if you'd like.
CHAIRMAN SOLIS: The court reporter's good. Okay. Let's
keep moving.
Item #11B
AWARD BID NUMBER 18-7242, “NCWRF 24-INCH
IRRIGATION QUALITY WATER MAIN”, PROJECT NUMBER
70116.2, TO QUALITY ENTERPRISES USA, INC., IN THE
AMOUNT OF $1,456,841 AND AUTHORIZE THE CHAIRMAN
TO SIGN THE ATTACHED AGREEMENT – APPROVED
MR. OCHS: Let's move on, then, to Item 11B. This is a
recommendation to award a bid to the lowest responsive bidder, that
being Quality Enterprises USA, in an amount of $1,456,841 for the
North County Water Regional 24-inch irrigation quality water main
project, and staff can either make a presentation or respond to
questions.
COMMISSIONER McDANIEL: Or I can move for approval.
MR. OCHS: Yes, sir.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN SOLIS: No speakers?
COMMISSIONER McDANIEL: Unless you want to give a
presentation.
MR. CHMELIK: That's your pleasure.
MR. MILLER: No speakers on this item, sir.
CHAIRMAN SOLIS: An opportunity to excel.
March 27, 2018
Page 102
There's a motion and a second. All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
MR. CHMELIK: Thank you, Commissioners.
Item #11D
THE PURCHASE OF PROPERTY INSURANCE EFFECTIVE
APRIL 1, 2018 IN THE ESTIMATED AMOUNT OF $3,157,523 –
APPROVED
MR. OCHS: Item 11D is a recommendation to approve the
purchase of property insurance effective April 1, 2018, in the estimated
amount of $3,157,523. Mr. Walker is available to respond to questions
or accept a motion.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER FIALA: Second.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: There's a motion and second. All in -- any
discussion?
(No response.)
CHAIRMAN SOLIS: All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
March 27, 2018
Page 103
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries unanimously. Moving on.
MR. WALKER: Thank you.
CHAIRMAN SOLIS: Thank you.
Item #11G
THE BOARD DECLARE THAT EMERGENCY CONDITIONS
EXIST AT CLAM PASS INLET; AUTHORIZE AN EXPEDITED
PROCUREMENT PROCESS TO OBTAIN QUOTES AND
QUICKLY MOBILIZE A CONTRACTOR; AUTHORIZE THE
COUNTY MANAGER OR HIS DESIGNEE TO NEGOTIATE
AND EXECUTE A CONTRACT TO BE PRESENTED TO THE
BOARD FOR “AFTER-THE-FACT” APPROVAL AT THE NEXT
REGULARLY SCHEDULED MEETING; AUTHORIZE TOURIST
DEVELOPMENT TAX FUNDING AND THE ASSOCIATED
BUDGET AMENDMENT FOR THIS PROJECT; AND MAKE A
FINDING THAT THIS ITEM PROMOTES TOURISM –
APPROVED
MR. OCHS: Mr. Chairman, this takes us to Item 11G. This is a
recommendation that the Board declare that emergency conditions
exist at Clam Bay inlet, authorize an expedited procurement process to
obtain quotes and mobilize a contractor, authorize the County Manager
to negotiate and execute a contract for presentation after the fact to the
Board for approval at its next meeting, authorize tourist development
tax funding and the associated budget amendments for this project, and
make a finding that the item promotes tourism.
March 27, 2018
Page 104
Mr. Dorrill, your Pelican Bay Services Division manager, will
present.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN SOLIS: There's a motion and a second.
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN SOLIS: Any discussion?
(No response.)
CHAIRMAN SOLIS: All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
MR. DORRILL: Thirty-eight years ago when I made my first
presentation ever in front of the County Commission, I had practiced
and practiced, and I was about halfway through what was an overly
long presentation, and Doc Brown, the county commissioner from
Immokalee, had a big gavel, and he hit the gavel, and he says, "Mr.
Dorrill, you have talked too much. I'm hungry, son, and we'll be in
recess until 1:30," and he got up and walked out of the room.
Thank you very much.
COMMISSIONER McDANIEL: We'll see you, Mr. Dorrill.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
March 27, 2018
Page 105
MR. OCHS: Mr. Chairman, that takes us to public comments on
general topics not on the current or future agenda.
MR. MILLER: And we have no registered speakers on that item.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Okay. Then that moves us, Commissioners, to Item
15, which is staff and commission general communications.
Commissioners, just a reminder that next Tuesday is your
workshop, your annual workshop with your CRAs. Other than that, I
have nothing else to discuss this morning, sir.
CHAIRMAN SOLIS: County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN SOLIS: Clerk?
MS. KINZEL: No, thank you very much.
COMMISSIONER McDANIEL: Yes.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: I do. I have three items, and
I'm going to go in reverse order.
The first one is I would like to ask your indulgence to give our
staff direction to ask and prepare for an amendment for the
management plan over the oversight -- or the utilization of the
Picayune State Forest.
There's a rural change that's in effect right now, 10-year rural
change process that the Forestry Department has. And I've been
working with the State, with the Big Cypress Basin, with the U.S. Fish
and Wildlife Service to allow for off-road vehicles, specifically swamp
buggies, to be allowed to use the Picayune State Forest on designated
March 27, 2018
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trails and roadways.
And I've been asked to ask your indulgence to give our staff
direction to prepare -- that you'll get to see it all in its -- informally, but
to give staff direction to prepare that amendment request. How do you
feel about that?
COMMISSIONER FIALA: I don't have any problems with it.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER FIALA: And you're not saying we should do
it. You're just saying to pursue it.
COMMISSIONER McDANIEL: No. Pursue it, give staff
direction to prepare that amendment, and then we can look at it in its
entirety when it comes back before us.
COMMISSIONER FIALA: Uh-huh.
COMMISSIONER McDANIEL: You okay with that?
CHAIRMAN SOLIS: Sure.
COMMISSIONER FIALA: Yeah.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER FIALA: If there's anything left of the
Picayune after all of these fires. Gee.
COMMISSIONER McDANIEL: Fires are regenerators. It's not
all that bad. Although, that poor fellow that lost his house...
COMMISSIONER FIALA: Yeah.
COMMISSIONER McDANIEL: I did want to say as -- you
know, as chairman of the Public Safety Coordinating Council, we had
our meeting last week, and that there is minutes coming forward from
that, and the recommendation from the Sheriff and his staff is for us to
revisit the gain time enhancement for inmates that are behaving well
and working in the jail system to be able to work time off of their
sentencing, and that met with approval of all the members of the Public
Safety Coordinating Council. So that's going to be coming back to us
as well.
March 27, 2018
Page 107
And then last, but not least, I attended a very, very nice ribbon
cutting out at the Ann Olesky pier in Immokalee at Lake Trafford, and
I really want to thank staff. It's an enormous amount of coordinating
and processing to facilitate that, and it's a milestone, or not a milestone,
but a mile marker of our community, and I really wanted to thank
everybody for that.
MR. OCHS: You're welcome.
COMMISSIONER McDANIEL: That's it.
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: Two. Leo, a while back we talked
about that land that the county owns out in North Naples that we were
hoping to get a bus barn built on and exchange land with this over at
East Naples Community Park. Has something ever come about with
that?
MR. OCHS: Yes, ma'am. We're actively pursuing just that with
the school district.
COMMISSIONER FIALA: Do you think it's moving along?
MR. OCHS: Yes. No, I know it's moving along.
COMMISSIONER FIALA: That's good news.
MR. OCHS: Commissioner McDaniel has been very --
COMMISSIONER FIALA: Pardon me?
MR. OCHS: Commissioner McDaniel has been very involved up
in the project area as well, helping us pull that together. So it will
involve all those items that you just mentioned.
COMMISSIONER FIALA: Great, great.
COMMISSIONER McDANIEL: If you and I were allowed to
talk more, I could have told you that.
COMMISSIONER FIALA: Okay. And let me see. I had a
second one. Oh, gosh. Oh, yeah. I also -- I took a tour just recently,
and it was a tour of the farmlands, and I want to tell you, if any of you
ever have an opportunity to do that, it's great to see.
March 27, 2018
Page 108
I toured a flower farm that's -- I think it's called American Farms
or something. They're growing all the baskets of flowers for
Easter-time now for all of the Walmarts, K-Marts -- not K-marts,
Walmarts, Home Depots, and Lowe's, and it was just beautiful. They
had acres and acres of all these florists (sic).
Then we went to a cattle ranch, and it was just outstanding.
People don't even realize that this is going on. And we're the second
largest cattle state in the country, and they're -- it was right there. I'm
telling you, it was just beautiful, and it made you realize what-all we
have here that no one ever sees. We only see the traffic, right? We
don't see all this wonderful stuff.
I went out to the -- I went out to -- in Immokalee, Robert's Ranch,
and what a great job they've been doing with that. They've got it all,
you know, really nice. You feel like you're actually at a ranch. It was
just great.
And then there were a couple more things. I went out to the
accelerator in Immokalee, and their kitchen was gleaming. It was all
these nice, new things, and it was beautiful. And I saw it before the
big -- I guess this Friday they're having a big opening for the
community.
COMMISSIONER McDANIEL: It's actually tomorrow.
MR. OCHS: Tomorrow.
COMMISSIONER FIALA: Oh, is that tomorrow?
COMMISSIONER McDANIEL: That was one thing I forgot to
announce.
MR. OCHS: From 10:00 to 2:00 tomorrow.
COMMISSIONER FIALA: Okay. And that was really great. I
forget what the last thing was already. But anyway, I just want to say
that if anybody ever gets a chance to go on one of these tours, you
ought to take it. I know it takes a real long time but, man, it was
wonderful, and it makes you appreciate what we have in this county.
March 27, 2018
Page 109
Thank you.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: Nothing.
COMMISSIONER SAUNDERS: I don't have anything to add
either.
CHAIRMAN SOLIS: Nothing from me either. We're adjourned.
*****
**** Commissioner Saunders moved, seconded by Commissioner
McDaniel and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted (Commissioner Solis
abstained from voting on Item #16A9 and Item #16A10) ****
Item #16A1
AN AMENDMENT TO THE AMENDED AND RESTATED
DEVELOPER AGREEMENT (DA) BETWEEN THE DEVELOPER
OF PARKLANDS PLANNED UNIT DEVELOPMENT,
PARKLANDS ASSOCIATES I, LLLP (DEVELOPER) AND
COLLIER COUNTY (COUNTY) TO EXTEND THE DATE OF
INTERSECTION IMPROVEMENTS AT LOGAN BOULEVARD
AND IMMOKALEE ROAD (THIS IS A COMPANION TO
AGENDA ITEM #16A2) – EXTENDING THE DATE OF BRIDGE
IMPROVEMENTS TO BE COMPLETED PRIOR TO THE 495TH
CERTIFICATE OF OCCUPANCY WITHIN THE PARKLANDS
PLANNED UNIT DEVELOPMENT (PUD)
Item #16A2
RESOLUTION 2018-54: ACCEPTING AND ASSUMING
March 27, 2018
Page 110
OWNERSHIP AND MAINTENANCE OF THE BRIDGE AT
LOGAN BOULEVARD & IMMOKALEE ROAD OVER THE
COCOHATCHEE CANAL FOR PERPETUAL USE BY THE
PUBLIC (THIS IS A COMPANION TO AGENDA ITEM #16A1)
Item #16A3
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $1,077,314.36 FOR PAYMENT OF
$1,014.36 IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. CURTIS D. AND
BRENDA BLOCKER, CODE ENFORCEMENT BOARD CASE
NO. 2000010616 RELATING TO PROPERTY LOCATED AT 511
NEW MARKET RD, COLLIER COUNTY, FLORIDA – AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16A4
RESOLUTION 2018-55: DECLARING A PUBLIC HEARING TO
DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN THAT ROADWAY EASEMENT
RECORDED IN OR BOOK 2355, PAGE 2715 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT
PROPERTY IS LOCATED ON THE EAST SIDE OF COUNTY
BARN ROAD, APPROXIMATELY A QUARTER MILE SOUTH
OF DAVIS BOULEVARD IN SECTION 8 TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
(VAC-PL20170001644) – TENTATIVELY SCHEDULED FOR
THE APRIL 24, 2018 BCC MEETING
Item #16A5
March 27, 2018
Page 111
RESOLUTION 2018-56: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL
PLAT OF BRISTOL PINES, PHASE II APPLICATION NUMBER
AR-8835 AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A6
FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR
ORCHID RUN PHASE 2, PL20160000615, 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
$8,712.17 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – ALL SEWER
UTILITIES ARE OWNED AND MAINTAINED BY THE
DEVELOPER
Item #16A7
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR
THE ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES,
PARCEL D2, PL20170000005 AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT – A FINAL INSPECTION TO DISCOVER
DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW
March 27, 2018
Page 112
STAFF FEBRUARY 9, 2018, IN COORDINATION WITH PUBLIC
UTILITIES, AND THE FACILITIES WERE FOUND
SATISFACTORY AND ACCEPTABLE
Item #16A8
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR
THE ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES,
PARCEL D1, PL20160001216 AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT – A FINAL INSPECTION TO DISCOVER
DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW
STAFF FEBRUARY 9, 2018, IN COORDINATION WITH PUBLIC
UTILITIES, AND THE FACILITIES WERE FOUND
SATISFACTORY AND ACCEPTABLE
Item #16A9 (Commissioner Solis abstained from voting)
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR
FRANGIPANI CIRCLE AT LAMORADA (F/K/A INDIAN HILL
ESTATES), PL20160000181 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 $45,056.81
TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT – A FINAL INSPECTION TO DISCOVER
DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW
March 27, 2018
Page 113
STAFF FEBRUARY 12, 2018, IN COORDINATION WITH
PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND
SATISFACTORY AND ACCEPTABLE
Item #16A10 (Commissioner Solis abstained from voting)
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR
ARTESIA NAPLES PHASE 3A, PL20150000603 AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION
TO DISCOVER DEFECTS WAS CONDUCTED BY
DEVELOPMENT REVIEW STAFF FEBRUARY 9, 2018, IN
COORDINATION WITH PUBLIC UTILITIES, AND THE
FACILITIES WERE FOUND SATISFACTORY AND
ACCEPTABLE
Item #16A11
INITIATING AN INSUBSTANTIAL CHANGE TO THE WOLF
CREEK PLANNED UNIT DEVELOPMENT (ORDINANCE 2013-
17) TO REMOVE THE COMMITMENT OF A FAIR SHARE
CONTRIBUTION FOR A TRAFFIC SIGNAL AT VANDERBILT
BEACH ROAD AND PRISTINE DRIVE (PROJECT NO. 60088) –
TO ASSURE RESIDENTS OF THE WOLF CREEK PLANNED
UNIT DEVELOPMENT (PUD) THAT STAFF IS NOT
INTENDING TO IMPOSE A FAIR SHARE TRAFFIC SIGNAL
PAYMENT FOR THE INTERSECTION OF VANDERBILT
BEACH ROAD AND PRISTINE DRIVE
March 27, 2018
Page 114
Item #16A12
THE SHORT-LIST OF PROFESSIONAL ENGINEERING
CONSULTANTS AND ENTERING INTO NEGOTIATIONS
BETWEEN COLLIER COUNTY AND Q. GRADY MINOR &
ASSOCIATES, P.A. PURSUANT TO REQUEST FOR
PROPOSALS NO. 17-7213 "CCNA SOLICITATION GOODLAND
DRIVE REHABILITATION” (PROJECT NO. 60200) – TO
OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE
REHABILITATION OF CR-92A/GOODLAND DRIVE
Item #16A13
RESOLUTION 2018-57: AUTHORIZING THE REMOVAL OF
AGED ACCOUNTS RECEIVABLE IN THE NET AMOUNT OF
$6,440.93 CONSIDERED UNCOLLECTIBLE FROM FINANCIAL
RECORDS OF VARIOUS GROWTH MANAGEMENT
DEPARTMENT FUND CENTERS IN ACCORDANCE WITH
RESOLUTION 2006-252
Item #16A14
FINDINGS OF THE FLOOD PROTECTION LEVEL OF SERVICE
STUDY BY THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT AS PER THE COOPERATIVE AGREEMENT – AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16A15
A RESEARCH AGREEMENT BETWEEN FLORIDA GULF
March 27, 2018
Page 115
COAST UNIVERSITY AND COLLIER COUNTY FOR A
10-YEAR WETLAND STUDY AT FREEDOM PARK –TO
STUDY NUTRIENT UPTAKE FROM STORMWATER RUN-OFF,
TO ENHANCE PROPER FUNCTION AND MAINTENANCE OF
THE STORMWATER WETLAND AND TREATMENT SYSTEM
LOCATED WITHIN THE FREEDOM PARK
Item #16A16
FINAL RANKING OF DESIGN BUILD FIRMS AND TO
COMMENCE NEGOTIATIONS WITH AJAX PAVING
INDUSTRIES OF FLORIDA, LLC/STANTEC CONSULTING
SERVICES, INC., PURSUANT TO A REQUEST FOR
PROFESSIONAL SERVICES NO. 17-7159 "DESIGN-BUILD
GOLDEN GATE BOULEVARD 4-LANE, FROM WEST OF 20TH
STREET EAST TO EAST OF EVERGLADES BOULEVARD,
INCLUDING DRAINAGE TO THE FAKA UNION CANAL”
(PROJECT NO. 60145)
Item #16A17
CHANGE ORDER NO. 1 TO CONTRACT #17-7041, IN THE
AMOUNT OF $206,443.68 WITH THOMAS MARINE
CONSTRUCTION, INC. FOR HALDEMAN CREEK WEIR
PROJECT NO. 60103 – TO COMPLETE THE REMAINDER OF
THE PROJECT IN THE AREA OF THE US 41/ AIRPORT-
PULLING ROAD DUE TO THE UNEXPECTED
GEOTECHNICAL SITE CONDITIONS
Item #16B1
March 27, 2018
Page 116
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC), ACTING AS THE COMMUNITY REDEVELOPMENT
AGENCY (CRA), APPROVES AN AFTER-THE-FACT
ELECTRONIC GRANT APPLICATION SUBMITTAL IN THE
AMOUNT OF $370,000 TO THE COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES FY 2018/2019
HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FOR THE PHASE 2
FIRE SUPPRESSION PROJECT IN THE BAYSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA – THE
SCOPE OF THE PROJECT INCLUDES THE INSTALLATION OF
NEW AND/OR UPGRADED EXISTING FIRE HYDRANTS,
WATER LINES, AND CONNECTIONS WITHIN THE
COMMUNITY. THE BGTCRA IS PARTNERING WITH THE
CITY OF NAPLES TO IMPLEMENT THIS PROJECT
Item #16B2
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC), ACTING AS THE COMMUNITY REDEVELOPMENT
AGENCY (CRA), APPROVES AN AFTER-THE-FACT
ELECTRONIC GRANT APPLICATION SUBMITTAL IN THE
AMOUNT OF $600,000 TO THE COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES FY 2018/2019
HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FOR THE
IMMOKALEE SIDEWALK IMPROVEMENT PROJECT WITHIN
THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA –
THE SCOPE OF THE PROJECT INCLUDES INSTALLATION OF
SIDEWALKS ALONG CARVER STREET FROM SOUTH FIFTH
STREET TO FIRST STREET AND SOUTH FIFTH STREET
March 27, 2018
Page 117
FROM EUSTIS TO DELAWARE AVENUE
Item #16B3
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC), AS THE COMMUNITY REDEVELOPMENT AGENCY
(CRA), APPROVES A SECOND AMENDMENT TO THE
PREVIOUSLY APPROVED U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) GRANT AGREEMENT
BETWEEN THE BCC AND CRA TO EXTEND THE
AGREEMENT’S TIME OF PERFORMANCE FOR THE
IMMOKALEE SIDEWALK IMPROVEMENT PROGRAM AND
AUTHORIZE THE CHAIRMAN OF THE BOARD TO SIGN THE
AMENDMENT – CONSTRUCTION WAS DELAYED DUE TO
THE EFFECTS OF HURRICANE IRMA AND EXECUTION OF
THE FIRST AMENDMENT
Item #16B4
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY AND THE BOARD OF COUNTY COMMISSIONERS
REVIEW AND ACCEPT THE 2017 ANNUAL REPORTS FOR
THE BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA (CRA) AND THE IMMOKALEE
COMMUNITY REDEVELOPMENT AREA (CRA) AND PUBLISH
THE PUBLIC NOTICE OF THE FILING
Item #16C1
AUTHORIZING PAYMENT OF $540,063.82 TO ASHBRITT
ENVIRONMENTAL FOR VACTOR TRUCKS AND
March 27, 2018
Page 118
EQUIPMENT, AND SERVICES/EQUIPMENT TO PREPARE
DISASTER DEBRIS MANAGEMENT SITES AND
RESIDENTIAL DEBRIS DROP-OFF SITES FOR THE
COLLECTION AND PROCESSING OF HURRICANE IRMA
STORM RELATED DEBRIS – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16C2
SELECTION COMMITTEE RANKINGS AND AUTHORIZING
ENTERING INTO CONTRACT NEGOTIATIONS FOR REQUEST
FOR PROFESSIONAL SERVICES #17-7117, “SOUTH COUNTY
REGIONAL WATER TREATMENT PLANT REACTOR TANK
NO. 4,” PROJECT 70135, WITH THE TOP-RANKED FIRM,
CAROLLO ENGINEERS, INC. – THE DESIGN WILL PROVIDE
A NEW REACTOR TANK TO SERVE WATER CUSTOMERS
WITH FULL REGULATORY COMPLIANCE RELIABILITY,
AND SUSTAINABILITY
Item #16D1
RELEASE OF LIEN TO COMBINE THE RELEASE OF 39
SEPARATE LIENS FOR A COMBINED AMOUNT OF
$186,291.98 FOR PROPERTIES DEVELOPED BY HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC. THAT HAVE
REMAINED AFFORDABLE FOR THE REQUIRED 15-YEAR
PERIOD SET FORTH IN THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) IMPACT FEE PROGRAM – AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D2
March 27, 2018
Page 119
AN AGREEMENT FOR SALE AND PURCHASE WITH
THEODORE ROMAK, THOMAS ROMAK, TRACY ROMAK,
TERRY ROMAK, AND TOBY GRUDINSKAS, FOR 1.14 ACRES
UNDER THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM AT A COST NOT TO EXCEED $7,100 – A PARCEL
WITHIN THE RED MAPLE SWAMP PRESERVE MULTI-
PARCEL PROJECT
Item #16D3
RESOLUTION 2018-58: IMPLEMENTING LIEN COMPLIANCE
AND A COLLECTION PROCEDURE FOR ALL HOUSING
PROGRAMS ADMINISTERED BY THE COMMUNITY AND
HUMAN SERVICES DIVISION (CHS)
Item #16D4
AN AFTER-THE-FACT ELECTRONIC GRANT APPLICATION
SUBMITTAL IN THE AMOUNT OF $200,000 TO THE
COMMUNITY AND HUMAN SERVICES DIVISION (CHS)
FY2018/2019 HOUSING AND URBAN DEVELOPMENT (HUD)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TO
REPLACE IMMOKALEE COMMUNITY PARK’S EXISTING
PLAYGROUND WITH AN ADA COMPLIANT PLAYGROUND
Item #16D5
AUTHORIZING THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION (FWC), AN AGENCY OF
THE STATE OF FLORIDA, TO USE THE ISLE OF CAPRI
March 27, 2018
Page 120
PADDLECRAFT PARK TO STORE DERELICT VESSELS
CAUSED BY HURRICANE IRMA, AND TO AUTHORIZE THE
COUNTY MANAGER TO EXTEND THE AUTHORIZATION AS
HE DEEMS IT APPROPRIATE – FOR TEMPORARY STORAGE
OF DERELICT VESSELS DURING WHICH TIME THEY ARE
BEING IDENTIFIED AND CLAIMED BY THE VESSEL’S
OWNER, OR ALTERNATIVELY, DESTROYED ON-SITE AND
REMOVED
Item #16D6
RESOLUTION 2018-59: PROVIDING AFTER-THE-FACT
APPROVAL FOR THE SUBMITTAL OF THE FY18-19 SHIRLEY
CONROY RURAL AREA CAPITAL EQUIPMENT SUPPORT
GRANT IN THE AMOUNT OF $83,493 TO THE FLORIDA
COMMISSION FOR TRANSPORTATION DISADVANTAGED
(FCTD) FOR THE PROCUREMENT OF ONE FORD CUTAWAY
TRANSIT VEHICLE
Item #16D7
SECOND AMENDMENT TO SUBRECIPIENT AGREEMENTS
WITH YOUTH HAVEN INC. AND IMMOKALEE COMMUNITY
REDEVELOPMENT AGENCY, BOTH WITH COLLIER
COUNTY, TO EXTEND EACH AGREEMENT’S TIME OF
PERFORMANCE – DUE TO DELAYS ARISING FROM
HURRICANE IRMA
Item #16D8
A TRANSPORTATION COORDINATION AGREEMENT WITH
March 27, 2018
Page 121
EASTER SEALS FLORIDA, INC. – TO TRANSPORT
INDIVIDUALS WHO ATTEND THEIR PROGRAMS
Item #16D9
CHANGE ORDER #6 TO CONTRACT #15-6437, VANDERBILT
BEACH UTILITY CONVERSION SERVICES WITH MASTEC,
INC. TO INCREASE THE CONTRACT AMOUNT BY
$460,904.27 WITH A REVISED COMPLETION DATE OF
DECEMBER 1, 2019, FOR THE VANDERBILT BEACH
MUNICIPAL SERVICES TAXING UNIT (MSTU) UTILITY
CONVERSION PROJECT PHASE II AND III, DUE TO THE
COORDINATION EFFORTS WITH THE WATER, SEWER, AND
STORMWATER REPLACEMENT PROJECT IN THE SAME – AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D10
INVITATION TO BID (ITB) #17-7220R, “HUNTER-CORONADO
IRRIGATION CONTROL UPGRADE” TO STAHLMAN-
ENGLAND IRRIGATION INC, AND AUTHORIZE THE
CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENT –
TO UPGRADE IRRIGATION CONTROLS ON HUNTER
BOULEVARD AND CORONADO PARKWAY, INSTALLED BY
THE GOLDEN GATE BEAUTIFICATION MUNICIPAL
SERVICE TAXING UNIT (“MSTU”) WITHIN ITS BOUNDARY
Item #16D11
AN “AFTER-THE-FACT” AMENDMENT, ATTESTATION
STATEMENT AND BUDGET AMENDMENT FOR THE OLDER
March 27, 2018
Page 122
AMERICANS ACT PROGRAM (OAA) TITLE III FROM AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
(AGENCY) TO REFLECT THE FINAL FY17 GRANT FUNDING
AMOUNT. (NET FISCAL IMPACT: $8,708.86 IN PROGRAM
FUNDS AND LOCAL MATCH FUNDING OF $967.66)
Item #16D12
AFTER-THE-FACT SUBMITTAL OF THE REQUEST FOR
PROPOSAL (RFP) TO THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA INC. (AAA) FOR LEAD AGENCY
DESIGNATION
Item #16D13
AMENDING THE MEMORANDUM OF UNDERSTANDING
(MOU) WITH THE MARCO ISLAND HISTORICAL SOCIETY,
WHICH OUTLINED EACH ORGANIZATION’S ROLES AND
RESPONSIBILITIES IN HOSTING A TEMPORARY EXHIBIT OF
SIGNIFICANT ARTIFACTS FOUND ON MARCO ISLAND
DURING THE 1896 PEPPER-HEARST ARCHAEOLOGICAL
EXPEDITION AT THE MARCO ISLAND HISTORICAL
MUSEUM, BY DELAYING THE IMPLEMENTATION OF THE
FEBRUARY 13, 2018 FEE POLICY AND STANDARD
MUSEUMS RENTAL AGREEMENT FOR THE COLLIER
COUNTY MUSEUMS DIVISION AT THE MARCO ISLAND
HISTORICAL MUSEUM LOCATION UNTIL AFTER THE
PERIOD OF THE LOANS
Item #16D14
March 27, 2018
Page 123
INVITATION TO BID (ITB) NO. 17-7154 FOR STRUCTURAL
AND MECHANICAL POOL CONTRACTORS TO OMNI
AQUATICS INC., TO PROVIDE ON-CALL AND URGENT
MAINTENANCE, EQUIPMENT REPAIR WORK FOR
COMPONENTS OF THE PARKS AND RECREATION
DIVISION'S POOL AND INTERACTIVE WATER FEATURE
FACILITIES – TO ENSURE THE SUSTAINED ON-CALL
MAINTENANCE AND REPAIR ASPECT OF THE PARKS AND
RECREATION AQUATIC FACILITIES BY MAINTAINING
STRUCTURAL REPAIRS AND MECHANICAL EQUIPMENT IN
A SAFE CONDITION FOR THE PUBLIC
Item #16D15
ENTERING INTO NEGOTIATIONS WITH DAVIDSON
ENGINEERING, INC. FOR A CONTRACT RELATED TO
REQUEST FOR PROPOSAL (RFP) #17-7199, “DESIGN
SERVICES COLLIER COUNTY SPORTS COMPLEX” – A
NEGOTIATED CONTRACT WILL BE PRESENTED AT A
SUBSEQUENT MEETING FOR APPROVAL
Item #16D16
SECOND AMENDMENT TO THE AGREEMENT BETWEEN
COLLIER COUNTY AND BIG CYPRESS HOUSING
CORPORATION (BCHC) TO CHANGE THE METHOD OF
PAYMENT FROM A LOAN DISBURSEMENT TO A
REIMBURSEMENT FOR SERVICES METHOD OF PAYMENT
AND EXTENDING THE PERFORMANCE DATE OF THE
CONTRACT – TO REHAB RENTAL UNITS AT MAIN STREET
VILLAGE LOCATED AT 104 ANHINGA CIRCLE,
March 27, 2018
Page 124
IMMOKALEE, FLORIDA; REQUIRES BCHC TO CONDUCT
REHAB ACTIVITIES ON NO LESS THAN 40 UNITS THAT
INCLUDE GENERAL PROPERTY IMPROVEMENTS
Item #16D17
SUBMITTAL OF REVISED FY17 SECTION 5310 GRANT
APPLICATION PAGES TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR ADDITIONAL EQUIPMENT
TO ADD ONE MOBILE RADIO AND ONE PARATRANSIT
VEHICLE (ANTICIPATED FISCAL IMPACT: $10,977)
Item #16E1
THE PURCHASE OF AN ADDITIONAL CARDIAC MONITOR
AND MECHANICAL COMPRESSION DEVICE TO EQUIP A
GROWTH UNIT FOR COLLIER EMS AT AN ESTIMATED COST
OF $70,000 – TO EQUIP THE NEW HACIENDA EMS GROWTH
UNIT
Item #16E2
EXECUTING A SETTLEMENT AGREEMENT AND RELEASE
OF CLAIM #22-09171706535 FILED BY TERRANCE P. SMITH
AND GINNY L. SMITH IN THE AMOUNT OF $160,000 –
ARISING FROM A SEWER BACKUP THAT OCCURRED ON
SEPTEMBER 17, 2017
Item #16E3
EXTENDS THE TERM OF AN INTERLOCAL AGREEMENT
March 27, 2018
Page 125
BETWEEN COLLIER COUNTY AND CITY OF EVERGLADES
CITY, RELATING TO DAMAGE CAUSED BY HURRICANE
IRMA, TO SEPTEMBER 30, 2018 – TO PROVIDE ASSISTANCE,
MANPOWER AND FUNDING TO THE CITY OF EVERGLADES
CITY IN RESPONSE TO THE EXTENSIVE DAMAGE, THAT
WAS SCHEDULED TO EXPIRE ON MARCH 31, 2018
Item #16E4
THE SALE AND DISPOSAL OF SURPLUS ASSETS, PER
RESOLUTION 2013-95, FOR THE SALE OF COLLIER COUNTY
SURPLUS PROPERTY APRIL 21, 2018; APPROVING THE
ADDITION OF SURPLUS ITEMS RECEIVED SUBSEQUENT TO
THE APPROVAL OF THIS ITEM FOR SALE IN THE AUCTION;
AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE
TO SIGN FOR THE TRANSFER OF VEHICLE TITLES – TO
SELL PROPERTY THAT’S OBSOLETE, UNECONOMICAL OR
INEFFICIENT, AND SERVES NO USEFUL PURPOSE TO
OBTAIN REVENUE FOR THE COUNTY
Item #16E5
AN ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16E6
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
March 27, 2018
Page 126
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16F1
RESOLUTION 2018-60: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2017-18
ADOPTED BUDGET
Item #16F2
AMENDMENT #2 TO AGREEMENT #16-7008 IN SUPPORT OF
THE 2018 US OPEN PICKLEBALL CHAMPIONSHIPS UP TO
THE AMOUNT OF $122,500 FOR OPERATING COSTS
INCLUDING FACILITY USE FEES AND STAFF OVERTIME
AND MAKE A FINDING THAT THESE EXPENDITURES
PROMOTE TOURISM – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16F3
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY –
BA #18-317, FUNDS NEEDED FOR EMERGENCY MEDICAL
CARE FOR DAS ANIMALS AND DONOR SPECIFIC REQUESTS
Item #16H1
THE DONATION OF SURPLUS VEHICLES TO THE CITY OF
March 27, 2018
Page 127
EVERGLADES CITY – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16J1
APPOINTING COMMISSIONERS MCDANIEL AND SAUNDERS
TO THE COLLIER COUNTY CANVASSING BOARD FOR THE
2018 ELECTION CYCLE
Item #16J2
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN MARCH 1 AND MARCH 14,
2018 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J3
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF MARCH 21, 2018 – AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16K1
A JOINT MOTION AND STIPULATED FINAL JUDGMENT IN
THE AMOUNT OF $11,500 FOR PARCEL 335RDUE, IN THE
LAWSUIT CAPTIONED COLLIER COUNTY V. PRISCILLA DIAS,
ET AL, CASE NO. 16-CA-1393, REQUIRED FOR THE GOLDEN
March 27, 2018
Page 128
GATE BOULEVARD EXPANSION PROJECT NO. 60145
(FISCAL IMPACT: $10,970)
Item #16K2
A JOINT MOTION AND STIPULATED FINAL JUDGMENT IN
THE AMOUNT OF $10,000 FOR PARCEL 437RDUE, IN THE
LAWSUIT CAPTIONED COLLIER COUNTY V. KINH THI PHAM,
ET AL, CASE NO. 17-CA-1473, REQUIRED FOR THE GOLDEN
GATE BOULEVARD EXPANSION PROJECT NO. 60145
(FISCAL IMPACT: $6,500)
Item #16K3
RESOLUTION 2018-61: REAPPOINTING ESTIL NULL, YVAR
PIERRE AND PATRICIA ANNE GOODNIGHT TO THE
IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD
TO 3-YEAR TERMS EXPIRING APRIL 4, 2021
Item #16K4
RESOLUTION 2018-62: APPOINTING AUSTIN J. BELL TO THE
HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD,
FILLING A VACANT TERM EXPIRING OCTOBER 1, 2019
Item #17A
ORDINANCE 2018-11: AMENDING ORDINANCE NO. 2012-36,
THAT ESTABLISHED THE HACIENDA LAKES COMMUNITY
DEVELOPMENT DISTRICT, IN ORDER TO CONTRACT THE
EXTERNAL BOUNDARIES OF THE DISTRICT FROM 615.2
March 27, 2018
Page 129
ACRES TO 391.06 ACRES
Item #17B
ORDINANCE 2018-12: AMENDING ORDINANCE NO. 2002-27,
AS AMENDED, RELATING TO THE PELICAN BAY SERVICES
DIVISION BOARD, BY ELIMINATING THE REQUIREMENT
OF THE ROTATION OF THE CHAIR AND VICE CHAIR,
WHICH WAS IMPLEMENTED BY ORDINANCE NO. 2013-19,
AND RETURN TO THE ORIGINAL SELECTION PROCESS OF
THE CHAIR AND VICE CHAIR AS SET FORTH IN
ORDINANCE 2002-27, AS AMENDED
Item #17C
RESOLUTION 2018-63: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2017-18
ADOPTED BUDGET
*****
March 27, 2018
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:19 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL D : CTS,DER ITS CONTROL
AND •LIS, CHAIRMAN
ATTEST
DWIGHT E,,B QCK, CLERK
.�u� ,' . . -GC-
Attest
GCAttest as to Chai
signature ori.
These minutes approved by the Board on tcrph aq, ao l$
as presented ' or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 130
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis, Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 Tamiami Trail East, Suite 300 WHICH I SERVE ISAUNITOF:
CITY COUNTY 0 CITY gCOUNTY ❑OTHER LOCALAGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED
March 27, 2018 MY POSITION IS: ❑ ELECTIVE Cif APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis , hereby disclose that on March 27 20 18
(a)A measure came or will come before my agency which (check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, ;
•
inured to the special gain or loss of my relative,
inured to the special gain or loss of a client of my law firm, WCI by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On March 27, 2018, the Board of County Commissioners will consider Agenda Item 16A9 to approve final
acceptance and unconditional conveyance of potable water and sewer utility facilities for Frangipani Circle at
LaMorada and to release the Utilities Performance Security and Final Obligation bonds.
The applicant, WCI, is a client of my law firm and in an abundance of caution, I will abstain from voting pursuant
to Section 286.012, Fla. Stat. to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
March 27, 2018 j a!
Date Filed Sign rev
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 Tamiami Trail East, Suite 300 WHICH I SERVE ISAUNITOF:
CITY COUNTY ❑CITY dCOUNTY 0 OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED Collier County
March 27, 2018 MY POSITION IS: 0 ELECTIVE Cif APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAS) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis hereby disclose that on March 27 20 18
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, ;
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of a client of my law firm, WCI by
whom I am retained; or
inured to the special gain or loss of , which
—
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On March 27, 2018, the Board of County Commissioners will consider Agenda Item 16A10 to approve final
acceptance and unconditional conveyance of potable water and sewer utility facilities for Artesia Naples Phase
3A and to release the Final Obligation bond.
The applicant, WCI, is a client of my law firm and in an abundance of caution, I will abstain from voting pursuant
to Section 286.012, Fla. Stat. to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the inter- tin such a way
as to provide the public with notice of the conflict.
/ /
March 27, 2018 '
Date Filed Sign ir
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.