BCC Minutes 05/22/2018 RMay 22, 2018
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 22, 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
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
May 22, 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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May 22, 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. Pastor Karl Galik of Peace Lutheran Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. April 24, 2018 - BCC Meeting Minutes
C. May 1, 2018 BCC/Blue Zone Workshop Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
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May 22,2018
1) 20 YEAR ATTENDEES
a) David Chalick - Library
b) Joseph Saldana - EMS
c) Steve Sarabia - Solid and Hazardous Waste
d) Mary-Jo Brock - County Manager's Office
2) 25 YEAR ATTENDEES
a) Michael Patten - Road Maintenance
3) 30 YEAR ATTENDEES
a) David Becker - EMS
b) Chartchai Isaroskul - Road Maintenance
B. ADVISORY BOARD MEMBERS
C. 1) RETIREES
a) Connie Demes - Water Department - 17 years
4. PROCLAMATIONS
A. Proclamation designating May 2018 as National Drug Court Awareness
Month in Collier County. To be accepted by The Honorable Janeice Martin,
Presiding Judge of the Collier County Drug Court and participants of the
Drug Court Team.
B. Proclamation designating May, 2018 as National Water Safety Month in
Collier County. To be accepted by Dr. Allen Weiss, NCH Healthcare
System CEO and President; Paula DiGrigoli, NCH Safe & Healthy
Children's Coalition Executive Director; Konnie Purcell, Collier County
Sheriffs Office Youth Relations; and Annie Alvarez, Collier County Parks
and Recreation Regional Manager.
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May 22,2018
C. Proclamation designating May 2018 as Motorcycle Safety Awareness Month
in Collier County. To be accepted by Lynn Corr, Fred Corr, Will Breen,
Denise Russo and Ron Jefferson.
D. Proclamation designating May 2018 as Trauma Awareness Month in Collier
County. To be accepted by Leslie Lascheid of the Regional Advisory
Committee on Trauma Services and Chief Executive Officer, Naples
Neighborhood Health Clinic.
E. Proclamation designating May 20 - 26 as Emergency Medical Services
Week in Collier County. To be accepted by Tabatha Butcher, Chief of
Collier County Emergency Medical Services, and members of the EMS
staff.
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 ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance No. 84-42, as amended, 96-74, 98-13 and 2000-84,
the Marco Shores/Fiddler's Creek Planned Unit Development, to retain the
residential density of 6000 units and to retain the maximum commercial
development of 325,000 square feet of gross floor area for Fiddler's Creek;
to increase the business development area from 33.62 acres to 55 acres; to
add project entrances for US 41; to increase the residential development area
from 1,226.89 to 1,280 acres; to provide for a conversion factor for single-
family and multi-family dwellings without increasing the total number of
approved dwelling units for the PUD; to re-designate 140 acres to residential
development area and/or golf and/or lake area; to allow that the remaining
golf course may be constructed when feasible on the Estancia property or
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May 22,2018
Section 29; to allow golf course uses in Section 29 in the parks development
area; to move a project entrance to the east; to add residential including adult
congregate living facilities east of Collier Boulevard in Sections 15 and 22;
to amend Master Plan Exhibit FC-A1; providing for conflict and
severability; and providing an effective date. The subject property consisting
of 3,932 acres is located east of Collier Boulevard (CR 951) and south of
Tamiami Trail East (US 41) in Sections 11, 13, 14, 15, 22, 23 and 24,
Township 51 South, Range 26 East and Sections 18, 19 and 29, Township 51
South, Range 27 East, in Collier County, Florida. [PL20160002496] (This
is a companion to Agenda Item #9B.
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a Resolution
amending Development Order 84-3, as amended, for the Marco
Shores/Fiddler's Creek, development of regional impact, providing for
Section One: amendments to the original Development Order 84-03 to retain
the residential density of 6,000 units and to retain the maximum commercial
development of 325,000 square feet of gross floor area for Fiddler's Creek;
and to increase the business development area from 33.62 acres to 55 acres
and to make golf course optional; and to add a conversion of multi-family
dwelling units to single family units; Section Two: amendment to master
development plan to increase the residential development area from 1,226.89
to 1,280 acres; to re-designate 140 acres to residential development area
and/or golf and/or lake area; to make golf courses optional and to allow golf
course uses on the Estancia property and in section 29 in the parks
development area; to add two new access points on US 41 and move the
project entrance to the east; and to add residential including adult congregate
living facilities east of Collier Boulevard in sections 15 and 22; Section
Three: findings of fact including revised legal description and correction of
acreage; Section Four: conclusions of law; Section Five: effect of previously
issued Development Order, transmittal to the Department of Economic
Opportunity and providing an effective date. The subject property consisting
of 3,932 acres is located east of Collier Boulevard (CR 951) and south of
Tamiami Trail East (US 41) in Sections 11, 13, 14, 15, 22, 23 and 24,
Township 51 South, Range 26 East and Sections 18, 19 And 29, Township
51 South, Range 27 East, in Collier County, Florida. [PL20170002634]
(This is a companion to Agenda Item#9A.)
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May 22,2018
C. This item to be heard at 5:05 pm. Recommendation to approve an
Ordinance amending Ordinance Number 04-41, as amended, the Collier
County Land Development Code, which includes the comprehensive land
regulations for the unincorporated area of Collier County, Florida, to allow
medical marijuana dispensaries in the same zoning districts as pharmacies,
and to codify statutory requirements for security measures and design and
signage, by providing for: Section One, Recitals; Section Two, Findings of
Fact; Section Three, Adoption of Amendments to the Land Development
Code, more specifically amending the following: Chapter One — General
Provisions, including Section 1.08.02 Definitions; Chapter Two —Zoning
Districts and Uses, including Section 2.03.03 Commercial Zoning Districts,
Section 2.03.04 Industrial Zoning Districts, Section 2.03.06 Planned Unit
Development Districts, Section 2.03.07 Overlay Zoning Districts; Chapter
Five — Supplemental Standards, adding new section 5.05.16 Medical
Marijuana Dispensaries; Section Four, Conflict and Severability; Section
Five, Inclusion in the Collier County Land Development Code; and Section
Six, Effective Date.
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to appoint two Commissioners as regular members, and
three Commissioners as alternate members, for a one-year period on the
Value Adjustment Board (VAB).
11. COUNTY MANAGER'S REPORT
A. Recommendation to deny a request for a Class 1 Certificate of Public
Convenience and Necessity from the City of Marco Island for ALS response
and transport. (Dan Summers, Bureau of Emergency Services, Division
Director)
B. Recommendation to authorize Single-Source Waivers for Airbus and Metro
Aviation for a one-time purchase of an Airbus helicopter equipped with
medical interior for the EMS program to replace the current 1999 Airbus EC
135T1 helicopter and to negotiate a contract for final pricing, subject to
Board approval. (Tabatha Butcher, EMS Chief)
C. Recommendation to review and approve the 2018 Parks and Recreation
Master Plan prepared by Tindale-Oliver Design Group, LLC. (Barry
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May 22,2018
Williams, Parks and Recreation Division Director)
D. Recommendation to award Invitation to Bid (ITB) Solicitation No. 18-7339
North Collier Regional Park Artificial Turf Conversion, to Hellas
Construction, Inc., for construction of four (4) artificial turf soccer fields at
North Collier Regional Park in the amount of$4,107,031, authorize the
Chairman to execute the attached construction services contract, authorize
the necessary Budget Amendment and make a finding this expenditure
promotes tourism. (Barry Williams, Parks and Recreation Division Director)
E. Recommendation to approve an agreement for $20,165,450 with Ajax
Paving Industries of Florida, LLC, pursuant to Request for Professional
Services, 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 Number 60145). (Jay Ahmad, Director
Transportation Engineering, Growth Management Department)
F. Recommendation to award Invitation to Bid No. 18-7326, "Twin Eagles
Pump Station and Force Main Upgrades" to Quality Enterprises USA, Inc.,
under Project Number 70227, in the amount of$1,022,003, approve the
necessary budget amendment, and authorize the Chairman to sign the
attached agreement. (Tom Chmelik, Engineering and Project Management
Director, Public Utilities Department)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
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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May 22, 2018
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve final acceptance of the potable water and
sewer facilities for The Arlington of Naples, PL20150001183, accept
unconditional conveyance of a portion of the potable water and sewer
facilities, and to authorize the County Manager, or his designee, to
release the Utilities Performance Security (UPS) and Final Obligation
Bond in the total amount of$107,249.66 to the Project Engineer or the
Developer's designated agent.
2) Recommendation to approve final acceptance and unconditional
conveyance of the Master Meter for Turnberry Woods at the Strand,
PL20140000348.
3) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
Marengo at Fiddler's Creek, PL20160001390 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.
4) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Maple Ridge at Ave Maria
Phase 5B, (Application Number PL20180000568) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
5) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
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May 22,2018
approve for recording the final plat of Antilles, (Application Number
PL20150002611) approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
6) Recommendation to approve an Easement Use Agreement
(Agreement) for Site 56, Block A, Pelican Bay Unit One, according to
the plat thereof as recorded at Plat Book 12, Pages 47-52 of the public
records of Collier County.
7) Recommendation to appropriate the Collier Metropolitan Planning
Organization's (MPO) annual operating budget for FY 18/19 and
authorize the necessary budget amendments in the amount of
$909,379, effective July 1, 2018.
8) Recommendation to approve a resolution and the submission of one
capital improvement project to the South Florida Water Management
District (SFWMD)/Big Cypress Basin Local Partnership Grants
Program for FY2019; and authorize the Chairman to execute the
application.
9) Recommendation to provide after-the-fact approval for the submission
of an Emergency Watershed Protection Program grant application to
the US Department of Agriculture, Natural Resources Conservation
Services to address the existence of storm related debris in Collier
County waterways and to maintain an appropriate conveyance system
for an adequate flood protection level of service (LOS), in the amount
of$6,476,678.18 with an estimated required local match in the
amount of$1,962,629.75.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve and accept the conveyance of a utility
easement across the southwest corner of Golden Gate Community
Park from Collier County to the Collier County Water-Sewer District.
2) Recommendation to award RFQ #14-6213-117, "Bay Colony
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May 22,2018
Appurtenances", to include master meters, backflow preventers, by-
pass devices, and valves, to Douglas N. Higgins, Inc., in the amount
of 433,800, Project Number 70174 "Distribution Capital Projects."
3) Recommendation to approve a Waiver of Right to File an Application
for the United States Small Business Administration on behalf of the
Collier County Agricultural Fair and Exposition, Inc., related to a loan
to replace a mobile office that was damaged in Hurricane Irma.
4) Recommendation to approve a Temporary Construction Easement
Agreement and Temporary Construction Easement with the Florida
Department of Transportation's contractor, Bergeron Land
Development, to access property that is held in the GAC Land Trust
inventory to facilitate construction of the 8th Street NE bridge.
5) Recommendation to award Invitation to Bid (ITB) No. 18-7288
"Collier County Jail Mobile Kitchen Trailers" to S.R. Holding Co.
of Miami, Inc., d/b/a S.R. Holdings Inc. and approve the attached
Agreement.
6) Recommendation to authorize a Budget Amendment in the amount of
$120,000 for Capital Improvements for the Collier County
Courthouse Building L, including replacement of carpets, Jury chairs
and security camera upgrades, and approve the utilization of Court
Maintenance Fee funding in Fund 181.
7) Recommendation to approve the selection committee rankings and to
authorize entering into contract negotiations for Request for
Professional Services (RPS) #18-7277, "Public Utilities Department
Complex Design" (Project 70167), with the top-ranked firm, Stantec
Consulting Services, Inc.
8) Recommendation to authorize partial payment of$423,125.78 to
Ashbritt Environmental for emergency mobilization/demobilization of
generators during the Hurricane Irma storm related response.
9) Recommendation to authorize payment of invoices in the amount of
$635,540.62 to US Energy Service & Pure Air Control Services, Inc.
for indoor air quality testing and mitigation services related to the
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May 22,2018
Hurricane Irma storm recovery mission completed prior to the FEMA
March 4, 2018 deadline.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve Budget Amendments to allow
continuous operation of the Community Care for the Elderly,
Alzheimer's Disease Initiative, and Home Care grants for the Collier
County Services for Seniors (CCSS) Program from the Area Agency
on Aging for Southwest Florida, Inc., prior to the execution of funding
award (Net Fiscal impact $1,403,132.44).
2) Recommendation to approve a Second Amendment to Lease
Agreement with Bigi & Bigi, LLC, for additional office space to be
utilized by the Collier County Health Department, at State of Florida
expense.
3) Recommendation to approve an Interlocal Lease Agreement with the
District School Board of Collier County (District) for the continued
use of a portion of the Immokalee Community Park.
4) Recommendation to approve and authorize the Chairman to sign the
Release of Lien for a combined amount of$21,421.02 for three (3)
properties developed by Habitat for Humanity of Collier County, Inc.
that have remained affordable for the required fifteen (15) year period
for the Impact Fee Waivers set forth in the State Housing Initiatives
Partnership (SHIP) Program.
5) Recommendation to approve nine (9) mortgage satisfactions for the
State Housing Initiatives Partnership (SHIP) Loan Program in the
combined amount of$80,485.29.
6) Recommendation to approve the submittal of a grant application to the
Florida Department of State Division of Historical Resources in the
amount of$475,050 for structural stabilization and rehabilitation of
the historic Roberts home at the Immokalee Pioneer Museum at
Roberts Ranch with a required match of twenty-five (25%) percent.
7) Recommendation to approve and authorize the Chairman to execute
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May 22,2018
Amendment No. 3 to the Parks and Recreation Division Facility Use
Memorandum of Understanding with Naples BMX, Inc. to authorize
the parties to renew the agreement using one-year terms.
8) Recommendation to approve the First Amendment to the Agreement
with Collier Health Services, Inc. (CHSI) to participate in the
Medicaid Low Income Pool (LIP) Program to clarify the billing and
payment process.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to sign
Second Amendment to Contract #08-5009 with Hyland Software, Inc.
for continued support of the existing SIRE Enterprise Content
Management (ECM) System.
2) Recommendation to approve the Administrative Report prepared by
the Procurement Services Division for disposal of property and
notification of revenue disbursement.
3) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
4) Recommendation to approve the sale and disposal of surplus assets
per Resolution 2013-095 via public auction on June 23, 2018; approve
the addition of surplus items received subsequent to the approval of
this Agenda Item for sale in the auction; and authorize the
Procurement Director, as designee for County Manager, to sign for the
transfer of vehicle titles.
5) Recommendation that the Board direct staff to work with Ave Maria
Development, LLLP and the Immokalee Fire District with respect to
the transfer of four acres of land as now required by Resolution 14-
220, for public safety and general government use, including directing
staff to negotiate a long term lease with the Immokalee Fire District
for use of the property as a Public Safety Center.
6) Recommendation to increase the Purchase Order to CDR Maguire,
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May 22,2018
Inc. under RFP #17-7116 Disaster Recovery Consulting Services by
$1,442,700 for continuing support in developing and preparing project
worksheets for FEMA reimbursement of expenditures associated with
Hurricane Irma and authorize the necessary budget amendment. This
expenditure is eligible for FEMA reimbursement (at a minimum of
75%.
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.
G. AIRPORT AUTHORITY
1) Recommendation to approve the attached T-hangar Lease Agreement
between the Collier County Airport Authority and the Civil Air Patrol.
2) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of Joint Participation
Agreement Contract No. GOV81 with the Florida Department of
Transportation for $51,045 for the purchase of a new refueling truck
at the Immokalee Regional Airport. (Fiscal Impact: $51,045 FDOT,
$64,955 County)
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to authorize execution of the budget amendment
from 911 Emergency Phone System Fund (611) Reserves in the
amount of$87,500 for communications contractual services and
licensing (9-1-1).
2) Recommendation to approve the use of$500 from the Confiscated
Trust Fund (602) Reserves to support the Florida Sheriffs Youth
Ranches.
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May 22,2018
3) 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 April 26 and May 9, 2018 pursuant to Florida Statute
136.06.
4) Request the Board approve and determine valid public purpose for
invoices payable and purchasing card transactions as of May 16, 2018.
K. COUNTY ATTORNEY
1) Recommendation to appoint one member to the Bayshore/Gateway
Triangle Local Redevelopment Advisory Board.
2) Recommendation to reappoint a member to the Housing Finance
Authority.
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.
A. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2017-18 Adopted Budget.
B. Recommendation to adopt an ordinance amending Ordinance No. 97-8, as
amended, the Collier County False Alarm Ordinance, to clarify the
requirements for the registration and re-registration of alarm systems and the
responsibility for late fees. (Sheriff's Request)
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May 22,2018
C. Recommendation to approve an Ordinance amending Chapter 74 of the
Collier County Code of Laws and Ordinances, which is the Collier County
Consolidated Impact Fee Ordinance, to provide for an amendment to Section
74-401 to encourage the development of affordable rental housing by
allowing the Board, on a case-by- case basis, to allow rental impact fee
deferrals in excess of the annual allotment of 225, to allow rental impact fee
deferrals of greater than ten (10) years and to extend the affordability term of
participating rental developments from 15 to 30 years.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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May 22, 2018
May 22, 2018
Page 2
MR. OCHS: Ladies and gentlemen, please take your seats.
Thank you very much.
Mr. Chairman, you have a live mic.
CHAIRMAN SOLIS: Thank you, Mr. Manager.
Welcome, everyone, to the May 22nd Board of County
Commissioners meeting. We'll begin today with the invocation by
Pastor Karl Galik.
PASTOR GALIK: Pretty close.
CHAIRMAN SOLIS: Galik -- of Peace Lutheran Church.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE
PASTOR GALIK: Thank you for the privilege of opening up
today in prayer and for your services. As important and incredible as
the honor is, there's even a greater honor today I wanted to bring to
your attention and, that is, this very day I've been married 42 years to
the same woman.
(Applause.)
PASTOR GALIK: Thank you. It's not only a sneaky way to get
it on the public record, but it also occurred to me that it's an
opportunity to say thank you, because we'll celebrate today in Collier
County, and we'll drive the roads that you've been working on, be
secure from the services that you provide, find opportunity to
celebrate, and it will all be invisible, because we'll be focused on each
other and the God-given gifts that he's provided over those 42 years.
But I will still enjoy and appreciate and celebrate because of the
work that you guys have done in the background, in the parking-lot
meetings, often thanklessly.
So as you continue your meeting, as you frustratingly go through
May 22, 2018
Page 3
many of the issues which are yours, consider I won't be thinking about
it. I will be celebrating as a result of your work.
Let's pray.
Lord God, thank you for the services, for the servants, and for the
opportunity that we have together to begin in your name and asking for
your blessings on those who serve, oftentimes, thankless jobs, hidden
opportunities, agendas, and lists that turn into opportunities for
celebrations, for meetings and gatherings, for security and safety in this
county we call Collier.
For your blessings outpoured, we thank you, asking that you
continue to give them; that we might use them wisely. We pray in our
Lord's name. Amen.
CHAIRMAN SOLIS: And today we have some opportunities
here from -- well, from the Community School, correct. And I have
now lost my sheet. I apologize.
MR. OCHS: Mr. Chairman, I have it.
CHAIRMAN SOLIS: Here we are. I have it. Thank you.
So welcome, everyone. Today we welcome four students from
the Community School of Naples visiting us as part of their May term.
John Neumann is co-captain of the Academic Quiz Team and in June
of this year will be attending Georgetown University, the international
relations class.
Madison DaHaan loves studying history and English and is
co-president of CSN's Harvard Model Congress Club.
Noah Balamut loves -- is vice president of the Rho Kappa History
Honor Society and will be participating in Georgetown University's
National Security Encounter Intelligence Program this summer.
And Anna Bartoux emigrated to the United States from France at
the beginning of her 10th grade year and plans on applying to
Georgetown University School of Foreign Service with the long-term
goal of becoming the U.S. Ambassador to France. Great goal.
May 22, 2018
Page 4
Very good.
So, John, if you will lead us in the pledge, please.
(The Pledge of Allegiance was recited in unison.)
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; COMMISSIONER SOLIS ABSTAINED FROM
VOTING ON ITEM #16A3
MR. OCHS: Good morning, Commissioners. These are the
proposed agenda changes for the Board of County Commissioners
meeting of May 22nd, 2018.
We have one proposed change to the agenda, and that is to move
Item 17C from your summary agenda to become Item 9D, and that is a
request made by Commissioner Fiala. This is a proposed amendment
to your impact fee ordinance encouraging the development of
affordable rental housing. This was an action that the Board took at
your April 28th meeting, and she has asked to move that to your public
hearing, the regular agenda, for discussion.
I do have three time-certain reminders this morning,
Commissioners. Item 9C, this is the public hearing for the Land
Development Code amendment regarding medical marijuana
dispensaries, will be held at 5:05 p.m. this evening. Item 11A will be
heard at 10 a.m.; that is the application from the City of Marco Island
for a certificate of public convenience and necessity. And Item 11C
will be heard at 11 a.m.; that is a presentation by staff from your parks
and recreation division regarding their updated master plan.
May 22, 2018
Page 5
Those are all the changes that I have today, Mr. Chairman.
CHAIRMAN SOLIS: Thank you. Any other changes?
MR. KLATZKOW: None, sir.
CHAIRMAN SOLIS: Okay. We'll have approval of the regular
and consent and summary agendas. Do we have any other changes to
the agenda?
COMMISSIONER McDANIEL: I have no changes to the
agenda nor any ex parte on the consent or summary.
COMMISSIONER FIALA: I also --
CHAIRMAN SOLIS: Commissioner Fiala.
COMMISSIONER FIALA: -- have no changes, no corrections or
anything on the agenda. I just have a few things to declare but on
consent agenda.
CHAIRMAN SOLIS: On the consent agenda?
COMMISSIONER FIALA: Yes. 16A5, which is the Antilles
project, and I spoke with the attorneys and with the applicant way
back, like two years ago, and also we discussed it at a commission
meeting in December, and I've had discussions with commissioners --
commission -- Planning Commission members and emails from the
community. That's the only thing I have to declare.
CHAIRMAN SOLIS: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: Nothing to declare.
COMMISSIONER SAUNDERS: And I have nothing as well,
and no ex parte.
CHAIRMAN SOLIS: I have no ex parte. I do have a conflict
and won't vote on 16A3 on the consent agenda.
So do we have a motion to approve?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: There's a motion and a second. All in
May 22, 2018
Page 6
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: Agenda's approved.
Proposed Agenda Changes
Board of County Commissioners Meeting
May 22,2018
Move Item 17C to Item 9D: Recommendation to approve an Ordinance amending Chapter 74
of the Collier County Code of Laws and Ordinances,which is the Collier County Consolidated
Impact Fee Ordinance,to provide for an amendment to Section 74-401 to encourage the
development of affordable rental housing by allowing the Board,on a case-by- case basis,to allow
rental impact fee deferrals in excess of the annual allotment of 225,to allow rental impact fee
deferrals of greater than ten (10)years and to extend the affordability term of participating rental
developments from 15 to 30 years. (Commissioner Fiala's request)
Time Certain Items:
Item 9C to be heard at 5:05 p.m.
Item 11A to be heard at 10:00 a.m.
Item 11C to be heard at 11:00 a.m.
6/12/2018 4:39 PM
May 22, 2018
Page 7
Items #2B & 2C
REGULAR MEETING MINUTES FROM APRIL 24, 2018 AND
MINUTES FROM THE MAY 1, 2018 WORKSHOP – APPROVED
AS PRESENTED
MR. OCHS: Item 2B is approval of the Board of County
Commissioners meeting minutes of April 24th, 2018.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: 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: They're approved.
MR. OCHS: Item 2C is approval of the May 1st, 2018, BCC
Blue Zone workshop meeting minutes.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: 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.
May 22, 2018
Page 8
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Those minutes are approved as well.
MR. OCHS: Commissioners, that takes us to our employee
service awards. We have several employees that we have the pleasure
of recognizing this morning. If you'd please join me in front of the
dais for the presentation.
COMMISSIONER FIALA: Feels like I'm standing next to a tree.
COMMISSIONER McDANIEL: I am the tree.
Item #3A
AWARDS AND RECOGNITIONS – 20 YEAR ATTENDEES
MR. OCHS: Commissioners, we'll begin this morning by
recognizing four of our county teammates celebrating 20 years of
service with county government.
The first 20-year recipient from our library system is David
Chalick. David?
(Applause.)
COMMISSIONER FIALA: Thank you for your service.
MR. OCHS: Congratulations.
(Applause.)
MR. OCHS: Celebrating 20 years of service with EMS, Joe
Saldana. Joe?
(Applause.)
COMMISSIONER TAYLOR: My neighbor and his wife teach at
Lake Park.
MR. OCHS: Get over there and get your picture first, Buddy.
You know the rules.
Congratulations.
May 22, 2018
Page 9
(Applause.)
MR. OCHS: Celebrating 20 years with our Solid and Hazardous
Waste Division, Steve Sarabia. Steve?
(Applause.)
MR. OCHS: And our final 20-year service award recipient who
also should be receiving hazardous-duty pay for putting up for 20 years
with me and Nick, from the County Manager's Office, Mary-Jo Brock.
(Applause.)
COMMISSIONER TAYLOR: Twenty years, right?
MS. BROCK: Crazy.
CHAIRMAN SOLIS: Seems like an eternity.
COMMISSIONER McDANIEL: Are we talking --
COMMISSIONER TAYLOR: Everybody put our arms around
Mary-Jo because she's all of ours.
(Applause.)
COMMISSIONER TAYLOR: She's getting out of Dodge,
everyone.
MR. OCHS: Through the back door. Everybody needs a back
entrance.
AWARDS AND RECOGNITIONS – 25 YEAR ATTENDEES
Okay. Now we move on to our 25-year service award recipients.
Celebrating 25 years with our road maintenance section, Mike Patten.
Mike?
(Applause.)
COMMISSIONER FIALA: Thank you for sticking with us.
(Applause.)
MR. OCHS: Thank you.
AWARDS AND RECOGNITIONS – 30 YEAR ATTENDEES
May 22, 2018
Page 10
Commissioners, we have the honor this morning of celebrating 30
years of county service for two of our team members. First from EMS,
30 years of service, Dave Becker. Dave?
(Applause.)
Item #3C
AWARDS AND RECOGNITIONS – RETIREES
MR. OCHS: Our final award this morning, Commissioners --
from time to time we have a chance to recognize some of our recent
retirees, and we're pleased this morning to welcome back from our
Water Department after 17 years of service with county government,
Connie Demes. Is Connie here? Connie?
(Applause.)
MR. OCHS: Congratulations, Connie.
(Applause.)
MR. OCHS: Commissioners, that -- I'm sorry. I'm so sorry. I
have one more 30-year county employee to recognize this morning; 30
years of service with our road maintenance department, Chai Isaroskul.
(Applause.)
MR. OCHS: I'll have to buy him breakfast for that.
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS – ADOPTED
Item #4A
May 22, 2018
Page 11
PROCLAMATION DESIGNATING MAY 2018 AS NATIONAL
DRUG COURT AWARENESS MONTH IN COLLIER COUNTY.
ACCEPTED BY THE HONORABLE JANEICE MARTIN,
PRESIDING JUDGE OF THE COLLIER COUNTY DRUG COURT
AND PARTICIPANTS OF THE DRUG COURT TEAM –
ADOPTED
Mr. Chairman, that moves us to today's proclamations. Item 4A
is a proclamation designating May 2018 as National Drug Court
Awareness Month in Collier County to be accepted by Janeice Martin,
presiding judge of Collier County drug court; Sergeant Leslie
Weidenhammer, Collier County Sheriff's Office Mental Health Unit;
LaTrenda Small-Harris, drug treatment court coordinator; Ashley
Garcia and John Brewer from the David Lawrence Center; and
participants of the Collier County drug court system. If you'd all
please step forward and receive your proclamation.
(Applause.)
JUDGE MARTIN: Come on up, guys. Come on up, guys.
They're on a schedule.
(Applause.)
JUDGE MARTIN: Mr. Chairman and Commissioners, Leo and
Nick and all of the distinguished persons in the room, Dr. Weiss and
Dr. Tober and Leslie Lascheid from the Neighborhood Health Clinic,
there's so many community partners in the room, and it's really an
honor to have just a moment to address you-all.
It occurs to me as I was waiting for this -- this, by the way, is a
little less than half of our current program in drug court. They look
awesome. I'm always so proud to be out and kind of show off the
group that we work with.
The disease of addiction is one of the most isolating forces in
human nature, and it occurs to me to be able to bring people into what
May 22, 2018
Page 12
is effectively our town square and have our elected leaders welcome
them and applaud them and bring them back into the community and
visibly support them is incredibly powerful. And so we thank all of
you for giving us the opportunity to do that.
I didn't introduce myself; I'm sorry. I'm Judge Janeice Martin,
and I have the incredible privilege of presiding over our drug court
being part of an awesome team, a few of whom are here, that works
together to try to present just really an opportunity. The hard work's
done by the men and women that you just got to see.
I'm humbled every day by the courage that they display in making
a decision to say, you know what, I messed up, I could just do my time
and go back to whatever it was that was going on, or I could subject
myself to a 12- to 15-month-long intensive, rigorous program that
demands absolute honesty, and I can face down whatever these
demons were that brought me into this mess and actually try to deal
with it and try to repair the damage and make my victims whole, bring
my family back together, and do that. That's a whole lot harder than
doing time.
And so I'm incredibly proud every time I get a chance to come out
and see you-all and thank you-all for your support. You're making a
difference here, and we really do appreciate that. Thank you.
(Applause.)
CHAIRMAN SOLIS: I'd also like to thank Judge Martin and the
Sheriff's Department, Sergeant Weidenhammer and all of the
community partners that help this program work. As you can see, it's
changing people's lives. So thank you for all you do.
JUDGE MARTIN: Thank you.
(Applause.)
Item #4B
May 22, 2018
Page 13
PROCLAMATION DESIGNATING MAY, 2018 AS NATIONAL
WATER SAFETY MONTH IN COLLIER COUNTY. ACCEPTED
BY DR. ALLEN WEISS, NCH HEALTHCARE SYSTEM CEO
AND PRESIDENT; PAULA DIGRIGOLI, NCH SAFE & HEALTHY
CHILDREN'S COALITION EXECUTIVE DIRECTOR; KONNIE
PURCELL, COLLIER COUNTY SHERIFF'S OFFICE YOUTH
RELATIONS; AND CINDY WHETSELL, FLORIDA
DEPARTMENT OF HEALTH IN COLLIER COUNTY – ADOPTED
MR. OCHS: Item 4B is a proclamation designating May 2018 as
National Water Safety Month in Collier County. To be accepted by
Dr. Allen Weiss, CEO and president of the NCH Healthcare system;
Paula DiGrigoli, executive director of the NCH Safe and Healthy
Children's Coalition; Konnie Purcell, Collier County Sheriff's Office
Youth Relations; Cindy Whetsell, Florida Department of Health in
Collier County; and, of course, Stewie the Duck, our Collier County
Water Safety mascot.
(Applause.)
COMMISSIONER FIALA: You know, we're going to have a
swimming pool opening pretty soon, and none of those guys know
how to swim, so these people are going to help them. I appreciate that.
MS. DiGRIGOLI: Good morning. My name is Paula DiGrigoli.
I'm the executive director of the NCH Safe and Healthy Children's
Coalition. And I want to thank you, County Commissioners, for
proclaiming Water Safety Month today for May 2018.
I'm glad to report that our drowning rates are coming down.
According to the three ERs from NCH Healthcare System, we have
seen a 33 percent decrease; however, according to the Medical
Examiner of Collier County, we still have drowning the leading cause
of death of children ages one to four, and Florida continues leading the
nation for drowning deaths.
May 22, 2018
Page 14
Florida Department of Health estimates that over three to four
preschool classrooms (sic) every single year die because of -- due to
drowning. The good news, it's 100 percent preventible, and we have,
through the coalition and partnership that we have, wonderful with
different organizations like NCH Healthcare System; the Collier
County Sheriff's Office; U.S. Coast Guard Flotillas 93, 95, 96; EMS;
the Early Learning Coalition; North Collier Fire; Greater Naples Fire;
Marco Island Fire; Parks and Recreation has been outstanding through
-- you know, through our work at the City of Naples; the Pilot Clubs;
Swimtastic; and Kiwanis. I can go on and on and on. We have over
70 agencies that are working together.
We understand that no one solution is going to prevent this
tragedy. We follow the National Drowning Prevention Alliance
message that is layers of protection, and that is what we're trying to do;
build these layers to prevent these tragedies to continue happening in
Collier County.
One of them is Swim Central where we get funding from the
Naples Children Education Foundation to teach over 1,100 children
every year for 10 days water safety. We have done over 5,000 children
and 47,000 water-safety lessons since the program was implemented in
2012.
The Life Jacket Loaner Program that Commissioner Fiala was
very instrumental for us to implement it, is managed by the U.S. Coast
Guard Flotillas, and right now we have -- in audience we have Vice
Commander George Carmisa (phonetic) and Pierre Barua (phonetic)
from Flotilla 93, who they check the condition of the life jackets, the
15 locations, along with the 96 and 95 Flotillas.
Also, Stewie the Duck, who is our water-safety mascot, he has
done visited over, I will say, I don't know, 15 preschools in the last two
-- two months, and over the month I will say he has visited and seen
over 10,000 children and parents in Collier County.
May 22, 2018
Page 15
I checked yesterday, the world largest swimming lessons, the
Guinness world of record, we still, Sun Fun and Lagoon (sic) still
holds the record for the largest swimming lessons conducted on June
20, 2014, with 1,308; the worst day of my life, I will say.
And then, definitely, we are very excited about the Eagle Lakes
new pool. We know that we are going to -- because sometimes we
were transporting the kids from East Naples to the City of Naples, to
the Golden Gate pool, and the kids were longer in the bus than in the
pool. But now, having Eagle Lakes and all the support that we get
from Barry Williams and everybody in Collier County Parks, we
appreciate, because we know that together we will achieve and sustain
a zero drowning.
And I know Dr. Weiss, the CEO, would like to say a couple
words.
DR. WEISS: Thank you, Paula.
And thank you, Commissioners, for your leadership and getting
us together.
I just want to continue in Judge Martin's comments in that
collaboration, and here we have over 70 different groups in the
community coming together for a problem that previously was
recognized but not worked on.
And having a third decrease in drowning rates is tremendous for
the families, obviously, for the children, also just in terms of using the
resources of our community in a much better way.
The idea of collaborating to have the healthiest and happiest
community in the nation, which we are, the metropolitan statistical
area, number one for three years in a row and actually going ahead and
also having the longest life expectancy. So every time a child doesn't
drown, it adds to that -- obviously, there are other reasons to have a
longer life expectancy -- two-tenths of the year longer.
Sadly, the rest of the nation's life expectancy has decreased for
May 22, 2018
Page 16
two years in a row; the first time that's happened since 1963. Part of
the opioid epidemic and everything else.
So we have a great community, great leadership. I'm proud to be
a member of this community for the past 41 years and particularly
pleased that Paula's been with this since the beginning, literally the
inception of the Safe and Healthy Children's Coalition of Collier
County in addition to drowning prevention, co-sleeping, childhood
obesity, kids running a marathon, basically, elementary school kids,
over a period of weeks, culminating and running the final mile in their
local high school. So it's a great cooperation with everybody together
making the wonderful community it is. Thank you.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING MAY 2018 AS
MOTORCYCLE SAFETY AWARENESS MONTH IN COLLIER
COUNTY. ACCEPTED BY LYNN CORR, FRED CORR, WILL
BREEN, RON JEFFERSON AND SCOTT PIGNATIELLO –
ADOPTED
MR. OCHS: Item 4C is a proclamation designating May 2018 as
Motorcycle Safety Awareness Month in Collier County. To be
accepted by Lynn and Fred Corr, Will Breen, Ron Jefferson, and Scott
Pignatiello. Please step forward.
(Applause.)
CHAIRMAN SOLIS: Who gets it?
(Applause.)
MS. CORR: Thank you, Commissioners and distinguished
guests. We do this every year, motorcycle safety and awareness. I've
seen these faces many times, so I think of those -- I think of you as our
May 22, 2018
Page 17
friends, and I know we work together for the good of our county.
Right now a leading cause of traffic fatalities is distracted driving,
and our state is putting on, before the Governor many times, the laws
to curb distracted driving, and that affects all of us, but it affects the
motorcycle world a lot.
Statistically -- I don't have the numbers, but statistically there are
more motorcycle deaths due to distracted driving right now than to
drunk driving. So this is something that is very important to us;
something that is on our hearts. We've lost many members to this.
So we thank you very much for making May a safety awareness
month for motorcyclists, but it's also for bicyclists, it's for pedestrians,
it's for car riders, it's for all of us who want to use our roads, which we
-- as many of us know, when you go out of our county, roads are not
the same, and we thank you for that, but we also ask that we keep
ourselves in check with distracted driving because it's good for all of
us.
So thank you very much.
(Applause.)
Item #4D
PROCLAMATION DESIGNATING MAY 2018 AS TRAUMA
AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY
LESLIE LASCHEID OF THE REGIONAL ADVISORY
COMMITTEE ON TRAUMA SERVICES AND CHIEF
EXECUTIVE OFFICER, NAPLES NEIGHBORHOOD HEALTH
CLINIC – ADOPTED
MR. OCHS: 4D is a proclamation designating May 2018 as
Trauma Awareness Month in Collier County. To be accepted by
Leslie Lascheid, member of the Regional Advisory Committee on
May 22, 2018
Page 18
trauma services and chief executive office of the Naples Neighborhood
Health Clinic.
Leslie, if you'd please step forward. She is joined this morning by
Dr. Robert Tober.
(Applause.)
DR. TOBER: Good morning, everybody. This is National
Trauma Month, and we have our -- two of our MedFlight helicopter
pilots here today, our battalion chief of MedFlight and our chief of
maintenance of our precious helicopter that delivers patients to the
trauma center at Lee Memorial Health.
We spend an enormous amount of our year in-servicing our
paramedics and firefighters in trauma awareness, how to recognize
who needs to go to a trauma center. Leslie Lascheid is a relatively new
member of our trauma board advisory at Lee Memorial, so I don't want
to take over all of this.
MS. LASCHEID: No, just thank you very much. Really
appreciate it. Thank you.
(Applause.)
Item #4E
PROCLAMATION DESIGNATING MAY 20 - 26 AS
EMERGENCY MEDICAL SERVICES WEEK IN COLLIER
COUNTY. ACCEPTED BY TABATHA BUTCHER, CHIEF OF
COLLIER COUNTY EMERGENCY MEDICAL SERVICES, AND
MEMBERS OF THE EMS STAFF – ADOPTED
MR. OCHS: Item 4E is a proclamation designating May 20th
through May 26th, 2018, as Emergency Medical Services week in
Collier County. To be accepted by Tabitha Butcher, Chief of the
Collier County Emergency Medical Services Division; members of the
May 22, 2018
Page 19
EMS staff; and our medical director, Dr. Robert Tober.
(Applause.)
CHIEF BUTCHER: Good morning, Commissioners. Tabitha
Butcher, Chief of your EMS division. We thank you very much for
recognizing EMS Week 2018. This proclamation means a lot to us.
We ran over 40,000 calls for service last year and transported
over 28,000 patients to the hospital.
This job means much more than lights and sirens for these
individuals that provide care to patients day in and day out. It's
something that they love to do. It's something that they're passionate
about. So getting this recognition is very important for them, and we
appreciate your support year after year. Thank you.
(Applause.)
MR. OCHS: Mr. Chairman, if I could get a motion to approve
today's proclamations, please.
COMMISSIONER McDANIEL: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN SOLIS: There's a motion and 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: They're approved.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
May 22, 2018
Page 20
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, that takes us to Item 7 on this
morning's agenda, public comments on general topics not on the
current or future agenda.
Mr. Miller?
MR. MILLER: Mr. Chairman, we have two registered speakers
for public comment today. Your first speaker is Garrett FX Beyrent.
He will be followed by Gary Johnson, Jr.
Mr. Johnson, if you could come up and stand by the other
microphone, please. Thank you.
MR. BEYRENT: First of all, I'd just like to request that
Commissioner Solis has me sworn in.
The reason I'm here is I'm making applications for two federal
grants, and I want to establish a time-certain frame of the beginning so
that later on, two years from now, I'll be able to go ahead without any
question as to when I made the application. So that's basically what
I'm doing is I'm raising my hand and swearing I'm here today and that
is the reason why.
So one of them is the veteran’s administration, and that's the old
soldiers' home, and the other one is a bus that goes to Immokalee that
has a bathroom on it. And they're both extensive, so that's basically it.
CHAIRMAN SOLIS: Thank you. Okay.
(The speaker was duly sworn and indicated in the affirmative.)
MR. BEYRENT: I do. Thank you very much.
MR. MILLER: Your final speaker for public comment is Gary
Johnson, Jr.
MR. JOHNSON: Thank you, Commissioners, for your time. My
name's Grady Johnson, Jr.
MR. MILLER: I'm sorry, sir.
MR. JOHNSON: That's all right. My handwriting.
May 22, 2018
Page 21
I'm a current resident of Collier County, have been -- I'm sixth
generation native here. Watched the community grow. I appreciate
you guys' service in what you do. I second everything that everybody
said today. It's a hard job, and it's very rarely recognized.
That being said, I currently live in Everglades City on Plantation
Island. As you well know, we took the brunt of Hurricane Irma. And
what I'm here today about is I've been in the process researching into
building a new home and coming up to the highest codes that we can
come up to and standards for my new home.
And I'm running into a bit of a roadblock that I wanted to bring to
the commissioners' attention. And, currently, Plantation Island is zoned
for mobile home or modular housing only. And that is posing a bit of
a problem for us that want to reconstruct, and the reason is, as you well
know, FEMA's recommending that people like me do not live in
mobile homes in those areas for obvious reasons.
That being said, speaking with your zoning officials and stuff,
which I've already done, they said that the only way to address this
would be through you folks, is to bring it to your attention and possibly
get it on the agenda to address the zoning issue in Plantation Island to
bring it up to, they called it, village residential.
I guess Goodland Island is currently village residential, and I
believe Chokoloskee Island is village residential.
And the reason I bring this to your attention, too, also is I think
it's a betterment for my community and the county, because if I can
build a what they call a stick home, as you well know, a custom home,
A, it's going to go up in value, the taxable value's going to go up,
which I don't like that, but that is what it is, but the minute -- if I'm
stuck with a mobile home, not only is the cost going to cost me the
same amount as a stick home, probably more from what I'm
researching, and it's going to go down in value from the time I set it.
It's like a car. You drive it off the lot, it's going to start devaluing.
May 22, 2018
Page 22
And then the insurance issues that we're going to have down the road.
You can get insurance right out of the gate, but when the house is
seven, eight, 10 years old, it becomes very difficult to keep it insured
for hurricane purposes.
So that's the reason I'm here today is try to -- I'm kind of new to
this, so I've spoke to the officials at zoning and kind of wanted to bring
it to you-all's attention to see if there's something we could get on the
agenda to maybe address the issue and allow us to build some standard
homes down there and bring things up to code to where we don't have
to suffer what we've suffered here through Irma.
CHAIRMAN SOLIS: Thank you. Commissioner Saunders?
COMMISSIONER McDANIEL: He was first?
CHAIRMAN SOLIS: His light went on first.
COMMISSIONER McDANIEL: I asked first, but let him go.
Wait. Let me hit my button.
COMMISSIONER SAUNDERS: But I'll --
COMMISSIONER McDANIEL: No, no. Go ahead. I'm just
joking.
COMMISSIONER SAUNDERS: We should be doing a lot of
things to discourage modular homes and mobile homes. So I think
bringing this back on an agenda to direct staff -- at a future meeting,
direct staff to take a look at the zoning and correct that, I think, would
be the right thing to do. So I would make that motion.
COMMISSIONER McDANIEL: And I'll second that motion,
third it.
Grady, I want you to contact my office, if you get a chance -- if
you can hang around till 10:30, we usually take a break about then. I'll
get you my personal cell phone number.
I feel almost remiss that this is the first time that I'm getting to
talk to you. And if our zoning folks shared that you had to come here
today -- you shouldn't have had to come here today. A phone call to
May 22, 2018
Page 23
me, we would have moved this through the process.
MR. JOHNSON: Yeah. It's not a problem. It's nothing -- you
know, again, I'm not used to this, so I just wanted to bring it to you
folks' attention.
COMMISSIONER McDANIEL: You're not the first one that's
been new to this, so...
MR. JOHNSON: Yeah.
COMMISSIONER McDANIEL: I am an entire 15, 16 months
here, so...
MR. JOHNSON: I greatly appreciate you-all's attention on this
matter, and I think it would be very helpful in my community, I really
do.
COMMISSIONER McDANIEL: Absolutely. Thank you --
MR. JOHNSON: Thank you, sir.
COMMISSIONER McDANIEL: -- for bringing it forward.
MR. OCHS: Mr. Chairman, you have a 10 a.m. scheduled
time-certain hearing, and I know we have at least eight registered
speakers for Items 9A and B. So would you like to take some other
staff items until 10 o'clock, and then we'll deal with the public hearing,
or do you want to move forward with the public hearing now and see if
we can move through that?
CHAIRMAN SOLIS: I'd like to continue just moving through
the agenda, if we can.
Item #9A
ORDINANCE 2018-27: RECOMMENDATION TO APPROVE AN
ORDINANCE AMENDING ORDINANCE NO. 84-42, AS
AMENDED, 96-74, 98-13 AND 2000-84, THE MARCO
SHORES/FIDDLER’S CREEK PLANNED UNIT DEVELOPMENT,
TO RETAIN THE RESIDENTIAL DENSITY OF 6000 UNITS AND
May 22, 2018
Page 24
TO RETAIN THE MAXIMUM COMMERCIAL DEVELOPMENT
OF 325,000 SQUARE FEET OF GROSS FLOOR AREA FOR
FIDDLER’S CREEK; TO INCREASE THE BUSINESS
DEVELOPMENT AREA FROM 33.62 ACRES TO 55 ACRES; TO
ADD PROJECT ENTRANCES FOR US 41; TO INCREASE THE
RESIDENTIAL DEVELOPMENT AREA FROM 1,226.89 TO 1,280
ACRES; TO PROVIDE FOR A CONVERSION FACTOR FOR
SINGLE- FAMILY AND MULTI-FAMILY DWELLINGS
WITHOUT INCREASING THE TOTAL NUMBER OF APPROVED
DWELLING UNITS FOR THE PUD; TO RE-DESIGNATE 140
ACRES TO RESIDENTIAL DEVELOPMENT AREA AND/OR
GOLF AND/OR LAKE AREA; TO ALLOW THAT THE
REMAINING GOLF COURSE MAY BE CONSTRUCTED WHEN
FEASIBLE ON THE ESTANCIA PROPERTY OR SECTION 29; TO
ALLOW GOLF COURSE USES IN SECTION 29 IN THE PARKS
DEVELOPMENT AREA; TO MOVE A PROJECT ENTRANCE TO
THE EAST; TO ADD RESIDENTIAL INCLUDING ADULT
CONGREGATE LIVING FACILITIES EAST OF COLLIER
BOULEVARD IN SECTIONS 15 AND 22; TO AMEND MASTER
PLAN EXHIBIT FC-A1; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE
SUBJECT PROPERTY CONSISTING OF 3,932 ACRES IS
LOCATED EAST OF COLLIER BOULEVARD (CR 951) AND
SOUTH OF TAMIAMI TRAIL EAST (US 41) IN SECTIONS 11, 13,
14, 15, 22, 23 AND 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST
AND SECTIONS 18, 19 AND 29, TOWNSHIP 51 SOUTH, RANGE
27 EAST, IN COLLIER COUNTY, FLORIDA. [PL20160002496] –
ADOPTED W/CHANGES
Item #9B
May 22, 2018
Page 25
D.O. 2018-02/RESOLUTION 2018-95: RECOMMENDATION TO
APPROVE A RESOLUTION AMENDING DEVELOPMENT
ORDER 84-3, AS AMENDED, FOR THE MARCO
SHORES/FIDDLER’S CREEK, DEVELOPMENT OF REGIONAL
IMPACT, PROVIDING FOR SECTION ONE: AMENDMENTS TO
THE ORIGINAL DEVELOPMENT ORDER 84-03 TO RETAIN
THE RESIDENTIAL DENSITY OF 6,000 UNITS AND TO RETAIN
THE MAXIMUM COMMERCIAL DEVELOPMENT OF 325,000
SQUARE FEET OF GROSS FLOOR AREA FOR FIDDLER’S
CREEK; AND TO INCREASE THE BUSINESS DEVELOPMENT
AREA FROM 33.62 ACRES TO 55 ACRES AND TO MAKE GOLF
COURSE OPTIONAL; AND TO ADD A CONVERSION OF
MULTI-FAMILY DWELLING UNITS TO SINGLE FAMILY
UNITS; SECTION TWO: AMENDMENT TO MASTER
DEVELOPMENT PLAN TO INCREASE THE RESIDENTIAL
DEVELOPMENT AREA FROM 1,226.89 TO 1,280 ACRES; TO
RE-DESIGNATE 140 ACRES TO RESIDENTIAL
DEVELOPMENT AREA AND/OR GOLF AND/OR LAKE AREA;
TO MAKE GOLF COURSES OPTIONAL AND TO ALLOW GOLF
COURSE USES ON THE ESTANCIA PROPERTY AND IN
SECTION 29 IN THE PARKS DEVELOPMENT AREA; TO ADD
TWO NEW ACCESS POINTS ON US 41 AND MOVE THE
PROJECT ENTRANCE TO THE EAST; AND TO ADD
RESIDENTIAL INCLUDING ADULT CONGREGATE LIVING
FACILITIES EAST OF COLLIER BOULEVARD IN SECTIONS 15
AND 22; SECTION THREE: FINDINGS OF FACT INCLUDING
REVISED LEGAL DESCRIPTION AND CORRECTION OF
ACREAGE; SECTION FOUR: CONCLUSIONS OF LAW;
SECTION FIVE: EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDER, TRANSMITTAL TO THE
DEPARTMENT OF ECONOMIC OPPORTUNITY AND
May 22, 2018
Page 26
PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY
CONSISTING OF 3,932 ACRES IS LOCATED EAST OF COLLIER
BOULEVARD (CR 951) AND SOUTH OF TAMIAMI TRAIL EAST
(US 41) IN SECTIONS 11, 13, 14, 15, 22, 23 AND 24, TOWNSHIP
51 SOUTH, RANGE 26 EAST AND SECTIONS 18, 19 AND 29,
TOWNSHIP 51 SOUTH, RANGE 27 EAST, IN COLLIER
COUNTY, FLORIDA. [PL20170002634] – ADOPTED
MR. OCHS: Yes, sir. That takes us to Items 9A and 9B. These
are companion items. Item 9A is a recommendation to amend the
Marco Shores/Fiddler's Creek Planned Unit Development, and the
companion item is a resolution amending the development order for
the Marco Shores/Fiddler's Creek development.
Both of these items, Mr. Chairman, require ex parte disclosure be
provided by our commission members, and all participants will be
required to be sworn in. So ex parte?
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: I've had meetings with the
applicant, representatives of the applicant, have reviewed emails and
other -- had other conversations concerning both of those agenda
items.
COMMISSIONER TAYLOR: I've had a meeting with Wayne
Arnold on April 24th, toured the site on April the 4th, spoke with the
developer at that time. I also met with Mr. Miller on May the 18th.
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: Thank you.
Yes, on 9A, 9B, that's the Fiddler's Creek petition, by the way,
I've spoken with Rich Yovanovich and also with Aubrey Ferraro, I've
had emails and phone calls from community leadership, and I've
discussed it with some of the people -- with hearing examiner and
staff.
May 22, 2018
Page 27
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: And as a point, are we doing
both 9A and B for ex parte?
MR. OCHS: Yes, sir.
COMMISSIONER McDANIEL: Yes. And for the record, then,
I've had multiple meetings, emails, and correspondence.
CHAIRMAN SOLIS: Likewise, I've met with Mr. Yovanovich
and Mr. Ferral (sic). I had a phone call with Wayne Arnold, and I've
received emails from a Mr. Johnston, Mr. Bilcher, and Ms. Viegas.
COMMISSIONER FIALA: I have to just say two more things. I
did speak with Phil Brougham and also with Mr. Elliot Miller. Thank
you.
MR. OCHS: Swear the witnesses.
CHAIRMAN SOLIS: So we'll swear witnesses. Anyone that's
going to testify.
MR. MILLER: If you are registered to speak, you need to stand
up.
CHAIRMAN SOLIS: Raise your right hand.
(The speakers were duly sworn and indicated in the affirmative.)
MR. YOVANOVICH: Good morning, Commissioners. For the
record, Rich Yovanovich on behalf of the applicant.
You have two petitions in front of you today regarding the
Fiddler's Creek project. Fiddler's Creek is both a DRI and a PUD. In
2006, there was a vested rights determination for Fiddler's Creek with
regard to the level of development approval and the impact on county
facilities and infrastructure.
Fiddler's Creek is located in the vicinity of Collier Boulevard and
U.S. 41. It's south of U.S. 41 and east of Collier Boulevard. It's
currently approved for 6,000 residential units, 325,000 square feet of
business commercial use, parks and other uses that you would find in a
typical master planned community.
May 22, 2018
Page 28
We have a few changes that we're proposing to make to the
project, and I'll put the master plan up that I believe you have in your
packet.
This is the proposed master plan. What we're proposing to do is
put a conversion formula into the PUD that would allow for the
conversion of multifamily units to single-family units. For each
single-family end unit we add to the 3,000, we would give up two
multifamily units. So, in reality, the 6,000 units will more likely be
less than the 6,000 units because we believe we'll be converting some
of those multifamily units to single-family units to address the changed
market for multifamily units.
The second change that we're making is to relocate some of the
commercial acreage that was in the PUD. Originally the commercial
acreage was located here at the front entrance on Collier Boulevard.
We're relocating some of the commercial to Sandpiper and U.S. 41.
We're going to bring in a grocery-anchored shopping center. It's
probably the world's worst-kept secret as to who that might be, but I'm
going to try to keep the secret anyway.
But, anyway, it will be a grocery-anchored shopping center that
we're encouraged will be occurring here soon. It's a very good location
for not only the Fiddler's Creek residents but, as you all know, there's a
lot of new rooftops along the East Trail, and that grocery chain
believes that that's where the grocery store should be to serve the
surrounding market.
In making -- the 325,000 square feet of retail and commercial will
remain the same. We're not increasing that, although we are going
slightly larger in the acreage to accommodate the grocery store. But
the amount of retail square footage is not changing.
We made a change to the master plan to basically Sandpiper.
This is a continuation of Sandpiper. This used to connect all the way
around to Sandpiper here to get out to U.S. 41. We're making some
May 22, 2018
Page 29
changes to the access on the PUD. And I've got a better graphic for
that that you can probably see a lot better.
The original continuation, as I've showed, used to be here, the
continuation. We're proposing to have a new entrance point for the
shopping center and a new entrance point for the project within
Fiddler's Creek that is commonly referred to Estancia.
This continuation that's shown on this graphic no longer exists. It
ends right here. So, in reality, the Estancia project, as you can see on
this master plan, this area, will no longer access Sandpiper. So we
believe that that's a better traffic pattern for access onto Sandpiper.
That is where the location of the grocery-anchored shopping center
will be.
And we are confident that -- although no guarantees in life, but if
I were a betting man, we will get a traffic signal at Sandpiper about a
year after we have our first full season of the grocery store up and
running. And Mr. Banks can provide that testimony to you that he
provided to the Planning Commission as to what we believe the timing
for a signal will be there. FDOT has already acknowledged that a
signal will be there. So it's just a question of when.
And we believe having that shopping center there will actually
bring the signal sooner, which should address some safety concerns
that people currently have for that access point on Sandpiper and the
ability to get in and out.
Another change that we're making is there's a five-acre park that's
currently within the community. That's a passive park. We're
converting that to a nine-acre active park. The change in location is
approximately 300 feet from the current location, so we don't think
that's a major change.
We're also providing access for -- if you look at the master plan --
Hey, Leo, can you blow that up a little bit.
I would try to operate that, but I did a miserable job at the
May 22, 2018
Page 30
Planning Commission, and they don't let me drive your machinery
anymore.
There are two community facility sites. One of those is an EMS
site, and we've provided for the interconnection of the EMS site to the
park site, the new park; you can see it on your visualizer right here.
And we will have a 12-foot-wide driveway that will allow for
EMS vehicles to get into the community straight to serve the residents
of Fiddler's Creek, which was a concern.
We are locating -- senior housing could have been located
throughout the project. We're moving it to where it would be at the
entrance on 951 outside of the gate so it can serve not only Fiddler's
Creek residents but residents in the area, so we're clarifying that.
We had yesterday a town hall meeting with the residents after our
NIM, explained these changes. We eliminated hotel, which was a
concern that the residents had that we were adding that use. We
deleted that use. We addressed transportation concerns on Cherry
Oaks by providing for traffic calming through the use of a radar speed
system along with the ability to take pictures to enforce the speed
zones along that road.
Went through the master plan changes. I'm trying to get this done
so you don't miss your 10:00 by too much. But your Planning
Commission -- your staff's recommending approval, your Planning
Commission recommended approval unanimously. We're requesting
approval. Wanted to give you a quick overview. We'll address any
concerns you may have or any questions that may come up through the
public comments.
And with that, that's a brief overview of the proposed changes to
the project, and we request that the Board of County Commissioners,
at the close of the public hearing, vote to approve the changes we're
requesting.
That's all that we have.
May 22, 2018
Page 31
CHAIRMAN SOLIS: Any questions for Mr. Yovanovich?
(No response.)
CHAIRMAN SOLIS: Public speakers?
MR. OCHS: Sir, would you like to hear from staff?
CHAIRMAN SOLIS: Oh, yes. I'm sorry.
MR. OCHS: Nancy?
MS. GUNDLACH: Good morning, Commissioners. For the
record, I'm Nancy Gundlach, principal planner with the Zoning
Division.
And staff is recommending approval of the Fiddler's Creek
Planned Unit Development amendment and DOA. And it would be
our pleasure to answer any questions you might have.
CHAIRMAN SOLIS: Any questions of staff?
(No response.)
CHAIRMAN SOLIS: Okay.
MR. MILLER: We have -- sorry. We have eight registered
public speakers today for this item. I want to encourage the speakers
to use both podiums.
Your first speaker is Phil Brougham. He will be followed by
Kathleen Reynolds.
MR. BROUGHAM: Good morning. My name's Phil Brougham.
I live in Fiddler's Creek, and I've been a full-time resident there since
1999. I'm also the chairman of the Fiddler's Creek CDD No. 1 and
have been since 2005.
So I have lived through many of the ordeals that our developer,
which was originally Gulf Bay Group, and then transformed itself
through a bankruptcy into Fiddler's Creek, LLC.
We've gone through two hurricanes, one in 2005 that was pretty
dramatic, and the most dramatic was in -- last year, I guess; memory's
short.
But the point I want to emphasize here, that originally in 1994,
May 22, 2018
Page 32
Gulf Bay produced a conceptual master plan for the Fiddler's Creek
development. A large number of acres, a large number of proposed
homes and condos and amenities. That plan has evolved over 20
years. Things have changed. That's the purpose of a change. It
changes. It changes with business conditions. It changes when the
business model changes from a developer/homebuilder to more of a
land development company.
And the point I want to emphasize is, there's certain amenities that
were on the original plan that haven't yet materialized. There's certain
amenities that were positioned in Part A that are now going to be
proposed to move to Part B. That's part of a plan.
But throughout all these changes, and beginning with the
hurricane in 2005, the principals of our development company have
been there and stood behind the residents of this community with
funding, upfront funding in 2005 so that we could clean up that
community, and then eventually the CDD was able to obtain a loan
and pay it back.
And Hurricane Irma, the CDD could not go out and get loans
because of some legal situations we're involved with. The developer,
through Fiddler's Creek Foundation, was able to acquire sufficient
funding to clean up the mess in Fiddler's Creek and to begin the
contracting of new trees and shrubs in the community.
Without their commitment to this vision that they had in 1994, I
think, overall, the people in this room would be much more unhappy
than some of them are currently.
And I'm in full support of this amendment.
CHAIRMAN SOLIS: Thank you.
MR. MILLER: Mr. Chairman, I had the next speaker in the
wrong category. Your next speaker, as it turns out, is Charlie
Rosaschi. He will be followed by Rob Rose.
MR. ROSASCHI: Good morning. My name is Charlie Rosaschi.
May 22, 2018
Page 33
I have the pleasure of being the president of the Varenna
Condominium Association, which happens to be the largest village
within the Fiddler's Creek community. We represent 152 families
within the community.
We are overwhelmingly in full support of this project. Varenna
Condominium Association, along with Laguna Condominium
Association, would be the two communities most directly affected by
this new linear park, this active park that would be going from 41 into
Fiddler's Creek Parkway.
It would be a tremendous benefit to our community. It would
yield to great enjoyment of its residents with the least impact.
And without taking any more time, we are in full support of this
project, and we urge your approval also. Thank you.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN SOLIS: Yes, sir.
COMMISSIONER SAUNDERS: Could I -- with your
permission, could I ask if there are any speakers that are signed up that
are opposed to this?
(No response.)
COMMISSIONER SAUNDERS: We've had no opposition in
any of this. We've had this no -- staff's recommended approval.
I hate to cut off speakers, but if they're all supportive of this --
again, is there anyone that's opposed to it?
COMMISSIONER TAYLOR: Maybe they could come and --
CHAIRMAN SOLIS: Is there any opposition to this application?
(No response.)
COMMISSIONER SAUNDERS: Mr. Chairman, I'd make a
motion that we close the public hearing and move forward on a vote.
CHAIRMAN SOLIS: How many speakers do we have?
MR. MILLER: I had seven total. Mr. Rose was left to speak,
Shannon Benedetti, Joseph Mayer, Jim Gaffney, and then I had one
May 22, 2018
Page 34
more I don't have a name. I only have their address, 9217 Museo
Circle.
MR. O'CONNOR: O'Connor.
MR. MILLER: Charlie O'Connor. Those are the speakers I have
left, sir.
MR. OCHS: Mr. Chairman, if they want to waive, you know -- if
they're willing to waive by a show of hand, I think they could do that,
and you could move forward.
CHAIRMAN SOLIS: So, again, is there anyone that would like
to speak in opposition to these two applications?
(No response.)
CHAIRMAN SOLIS: Okay. And would the speakers waive
their statements?
MR. OCHS: Wave.
CHAIRMAN SOLIS: Everyone's waving. Okay.
COMMISSIONER TAYLOR: Perhaps we could have them
come up and just give their name and say they're in agreement just so
that -- they made the trip up here, so...
MR. ROSE: Bob Rose.
CHAIRMAN SOLIS: That's up to them. If you'd like to come up
and put your name on the record, that's fine; otherwise, I think we --
MR. MILLER: Why don't I call their name and just have them
raise their hand at that point. Mr. Rose?
MR. ROSASCHI: Yep.
MR. MILLER: You waive?
Shannon Benedetti?
(Raises hand.)
MR. MILLER: Waive, okay.
Joseph Mayer? Do you waive?
(Raises hand.)
MR. MILLER: Thank you, sir.
May 22, 2018
Page 35
Charlie O'Connor, do you waive?
MR. O'CONNOR: I waive.
MR. MILLER: Thank you, sir.
That is all the speakers.
CHAIRMAN SOLIS: One more.
MR. GAFFNEY: Waive.
MR. MILLER: Thank you. Jim Gaffney.
CHAIRMAN SOLIS: Thank you. So we'll close the public
hearing at this time.
And, Mr. Saunders, Commissioner Saunders, was your light on
for that, or was it something else?
COMMISSIONER SAUNDERS: That was what my light was
on for, to move forward.
CHAIRMAN SOLIS: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you very much.
And just to bring this right to full circle, I've heard from many,
many, many people in Fiddler's, and I have heard no complaints. In
the beginning I heard a couple; that was the only couple that I've heard,
and since then everybody is overwhelmingly in support of it, so I make
a motion to approve.
COMMISSIONER McDANIEL: Second.
MR. KLATZKOW: And the motion is for both items, ma'am?
COMMISSIONER FIALA: Yes.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER FIALA: Motion for both of them; thank you.
CHAIRMAN SOLIS: There's a motion and second. All in favor,
say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
May 22, 2018
Page 36
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: It's approved.
MR. YOVANOVICH: Thank you. Sorry about going over.
COMMISSIONER TAYLOR: I'd just like to say one thing, that
to me this is so impressive. This is internal capture to put a grocery
store here and to allow folks in that neighborhood to be able to walk or
ride their bike to this grocery store. The vision of this developer and
his ability to be flexible with the future is extraordinary, and
congratulations on this. This is a wonderful, wonderful example.
CHAIRMAN SOLIS: I think it's the way that the process is
supposed to work.
COMMISSIONER TAYLOR: Yep.
Item #11A
RECOMMENDATION TO DENY A REQUEST FOR A CLASS 1
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FROM THE CITY OF MARCO ISLAND FOR ALS RESPONSE
AND TRANSPORT – MOTION TO CONTINUE TO NO LATER
THAN THE SECOND MEETING IN JUNE, STAFF TO
NEGOTIATE INTERLOCAL AGREEMENT INCLUDING EMA
RECOMMENDATIONS – APPROVED
MR. OCHS: Commissioners, that takes us to your 10 a.m.
time-certain hearing this morning. That item is 11A. It is a
recommendation to deny a request for a Class 1 Certificate of Public
Convenience and Necessity from the City of Marco Island for ALS
response and transport.
Mr. Dan Summers, your division director of the Bureau of
May 22, 2018
Page 37
Emergency Services, will begin the presentation.
MR. SUMMERS: Commissioners, good morning. For the
record, Dan Summers, director of your Bureau of Emergency Services.
I'm sure you have a lot of questions and concerns today about this very
detailed and comprehensive look at the COPCN application from
Marco Fire for Class 1 ALS transport certificate.
I'd first like to just mention I want to sincerely thank the members
of the Emergency Medical Authority. They spent countless hours in
review and discussion and provided to you both a majority and
minority opinion on their findings, and I think they spent the better part
of about seven hours in discussions with Marco as well as meetings
and a very comprehensive writeup report.
I wanted to also make sure that in this situation that you were
keenly aware of the County Manager's correspondence on February the
20th that went to Marco that provided some options, some what I think
were very cost-effective, good options for some expanded services at
Marco.
So hopefully you had an opportunity to take a look at that
correspondence, several pages, put together by Chief Butcher and
County Manager Mr. Ochs to give some options as opposed to a
certificate granting.
Third, this is certainly complicated by House Bill 1395, and that,
from an emergency medical systems perspective, provides to the staff
some serious operational concerns that might be precedent setting for
you-all as well as an opportunity for a non-vetted COPCN application
to go to the state that could fractionalize an accredited ground and
EMS system.
The last thing that I just wanted to tell you that was not clear to us
was that while Marco, I believe, during their Emergency Medical
Authority discussion discussed that they would serve the community
of Goodland, we're not sure today about those geographical boundaries
May 22, 2018
Page 38
that Marco may serve at Goodland, and if the state grants a certificate
without any conditions, we're not sure, again, how that would impact
service to Goodland.
Certainly, the county would have to make some special
provisions to that nearby community to address that in terms of our
zones and coverage.
Finally, Commissioners, if Marco proceeds to the state, we don't
have any information as to how that application process would be
reviewed. The state normally doesn't have that as a business process.
We don't know if that's a hearing, that's a review. We don't know if
county comment would even be accepted, and we worry about that
from a continuity of care and a system perspective for Collier County
EMS.
I recommend denial of the certificate, as the requisite
requirements have not been demonstrated. And I know that Dr. Tober
would like to make a few comments. He has a very short time window
to be available this morning. So, if I could, let me pass this to Dr.
Tober, and he has a few slides to present.
Dr. Tober. Thank you.
DR. TOBER: Thank you-all for letting me come up today. I
want to thank you, Dan, for all the time you've invested. I especially
want to thank Ned Fryer, who was the tireless chair of the EMA, and
the EMA members that were here today.
I did write all of you a letter this weekend, moved by the
legislation that did get passed and hopefully to get everyone on board
to inform the voting public at Marco what reality is here.
How do I advance these slides?
MR. OCHS: Dan will help you.
DR. TOBER: Okay. Beautiful, thank you.
So I wanted to make a couple of quick points here. The staff
thinned me down from four single-space pages to a few PowerPoints,
May 22, 2018
Page 39
which is good.
Primary life support is what we deliver to people first. We
deliver this through our police officers, through our EMTs, through our
firefighters, and our paramedics. And this is a very, very, very
time-dependent entity that saves most of our lives.
If you look at CPR, which kills about a thousand of us a day, that
is so time dependent that if we don't get bystanders to deliver chest
compressions prior to the arrival of police, prior to the arrival EMTs
from fire and paramedics from fire and EMS, the survival is cut in half
just alone if the bystanders don't do CPR.
So primary life support, which is also called basic life support, is
the critical delivery. The goal of primary life support is to arrive
within four minutes. The actual times that we were told that were
happening on Marco were 50 percent longer than the national
recommendations.
Secondary life support, which has a fancy name called advanced
life support, is much less time dependent most of the time. It normally
occurs 15 to 25 minutes after the EMTs and paramedics get there. It
involves IV fluids and medication, cardiac monitoring, 12-lead
electrocardiograms, more invasive airway management.
And ALS response times in our consolidated system today is 90
percent plus within the national guidelines of 8 to 12 minutes
depending on whether we are in a rural or county area.
Closest-unit dispatch is sending the closest available fire engines
and ambulances to the next call. All five fire agencies and Collier
County EMS participate in this coordinated closest-unit response
protocol for the benefit of all county residents and visitors.
Fragmentation of an integrated system, one consolidated
countywide EMS system allows for the seamless movement of
ambulances, fire engines, whatever, throughout the county to provide
rapid response. Ambulances are moved to Marco Island to answer
May 22, 2018
Page 40
current calls on the average of seven times a day right now. There are
no clear directions or expectations from Marco as to how an
independent system would affect CCEMS operations.
No clear and itemized budget. Some of the pens that have been
put to this paper, including Janet Vasey, who is not here today, thinks
that these actual budget figures could double.
A terrible shortage of paramedics that this would additionally
burden us with. EMS right now is short some paramedics. We would
imagine that we would lose paramedics to an independent ambulance
initiative, we don't know to what extent, but it's important that all of
you understand that if I lost 12 paramedics at a minimum, it would
take me two to three years to train up a new group of paramedics to be
at the response level that we expect in our system.
Marco has also pledged to exceed the excellence of Collier
County EMS. All Marco apparatus are currently ALS and contribute
to the response time that we have countywide. The response times will
not improve if Marco has an ambulance. But as I stated before, their
average BLS response time is about 50 percent above what is the
national standard.
Given Marco's slow BLS response, no explanation of how they
would meet or exceed the performance of Collier County EMS. That's
all for my slides.
I'm happy to answer any questions. I did send each of you a
four-page document to try to dot the I's and cross the T's.
CHAIRMAN SOLIS: Commissioner Taylor's light was on first.
COMMISSIONER TAYLOR: No, that's from before.
CHAIRMAN SOLIS: No? That's from before. I'm sorry. And
then -- so then it was Commissioner Fiala.
COMMISSIONER FIALA: Yeah, but this will be for later. I
wanted to hear all the speakers first.
CHAIRMAN SOLIS: Okay.
May 22, 2018
Page 41
COMMISSIONER SAUNDERS: I'm going to ask probably all
of the folks from Collier County the same question. Dr. Tober, the
majority report suggests approval with conditions, and their rationale is
that approval with conditions is better than having a certificate issued
by the state with no conditions.
And so what is your view on approval of this with those
conditions? And the rationale -- if your answer is that we shouldn't,
what's the rationale for that?
DR. TOBER: Well, I think many members of the EMA were
torn on this very question. Even if you look at the minority and
majority reports, in many ways they overlap each other with
agreements.
The bottom line here is whether or not people want to bet or not
bet on whether or not the referendum vote, which happens in August
instead of a more reasonable time like January or February when you
have twice as many people in Marco -- what that vote would be.
But after giving careful deliberation to both sides, I did not think
this was the right thing to do. It is so disruptive to the integrated
Emergency Medical System that we have today that even with
conditions, it's just the wrong path to go.
COMMISSIONER SAUNDERS: Then just a quick followup, a
hypothetical. Let's assume that the referendum passes on August 28th
--
DR. TOBER: Yes.
COMMISSIONER SAUNDERS: -- and the state is about to
issue a certificate without these conditions. If you make that
assumption, then would you prefer to be in a position where this is
approved with conditions? Just a hypothetical.
DR. TOBER: Well, hypothetically, if I'm going to have an
independent system, I'd rather have it with conditions than no
conditions, but those conditions are rigorous enough that I'm not even
May 22, 2018
Page 42
sure that Marco would agree to those conditions.
COMMISSIONER SAUNDERS: I can assure you that the
representatives from Marco do not agree with those conditions, but
that's another story, another issue.
DR. TOBER: I understand.
CHAIRMAN SOLIS: Anyone else?
COMMISSIONER TAYLOR: Yeah. I would like to ask a
question, so I'll put my light on.
Dr. Tober, so from this presentation, am I to understand in
laymen's terms that an ambulance, an extra ambulance, which is what
Marco wants, is not going to make any difference in terms of survival
of their patients unless they have a BLS system that is comparable to,
say, the rest of Collier County?
DR. TOBER: I'm not sure exactly what you're asking me, but let
me just rephrase what you just said there. Number one, I think that if
Marco believes they need an extra ambulance, that ambulance should
be provided by Collier County EMS to assuage any sense that they
have that they are being short covered. Remember, we are responding
to the island on the average of seven times a day with off-island
ambulances to back them up.
Number 2 is that regardless of what happens, I think that the
Marco Island Fire Department and the system in general should work
towards shrinking their BLS average response time down to four
minutes. They're not necessarily related entities.
COMMISSIONER TAYLOR: Okay.
DR. TOBER: They will have relationships sometimes.
COMMISSIONER TAYLOR: All right. Thank you.
Anyone else?
(No response.)
CHAIRMAN SOLIS: Public speakers?
MR. MILLER: Yes, sir. We have eight registered speakers for
May 22, 2018
Page 43
this item. Again, I want to encourage the speakers to use both
podiums. Your first speaker is Linda Turner, and she will be followed
by Gerald Swiacki, if I'm saying that right. I hope so, sir.
MS. TURNER: Good morning, Commissioners. Linda Turner,
Thrush Court, Marco Island. Thank you for this opportunity to speak.
With the prediction of Hurricane Irma's direct hit, Marco Island's
one and only ambulance was removed from the island. I understand
that Chief Butcher made this call to protect the vehicle from a
predicted 12-foot storm surge which, thankfully, did not happen. Chief
Butcher stated that if she had to, she would make the same call again.
I would like to point out that before Hurricane Irma hit Marco
Island, the island city vehicles were safely staged in several of the
island's high-rise garages. They're above 15-foot surge levels. I'd like
to also opine that Marco Island should not be left without an
ambulance during a hurricane.
An ambulance should be close and immediately available, just as
soon as driving conditions allow, for the following reasons:
Number one, for the welfare and benefit of the brave and
hard-working essential employees who need to stay on Marco Island.
They are the Marco Island Fire Rescue and Paramedics, Marco Island
Police Department, all water and sewer employees so that our streets
do not back up with water and sewage, the public works staff, clerical
support staff, support assistance staff for the MIPD, support assistance
staff for the Marco Island Fire Rescue Department, the City Manager,
City Clerk, Public Works director and support staff, Building director,
Finance Director, Community Affairs director, Parks and Rec director,
and the security staffs' for the Hilton and Marriott hotels.
Reason number two: For the welfare and benefit of some of the
families of the essential employees who also stay on the island.
Reason number three: For the welfare and benefit of the students
-- sorry -- citizens who refuse to leave, even during a mandatory
May 22, 2018
Page 44
evacuation, because they feel they have no place to go.
Irma was a perfect example of "Where do I go? Will I be able to
buy fuel?" The entire state of Florida was threatened as were multiple
surrounding states.
All three reasons have one important commonality: All are
human beings and there are many of them. Their lives matter.
Additionally, we need to have the backs of the dedicated men and
women who stay to protect Marco Island and to get the city operational
and functional as soon as possible. We want local control of our
Emergency Medical Service in Marco Island. We have no doubt that
Marco Island paramedics will serve Marco Island, our next-door
neighbor, Goodland, and the rest of Collier County to a high
professional standard.
Please hear us, the taxpaying citizens of the City of Marco Island.
We want control of when our ambulances are available and where our
ambulances are located --
CHAIRMAN SOLIS: Thank you.
MS. TURNER: -- even during a hurricane.
CHAIRMAN SOLIS: Thank you.
MR. MILLER: Next speaker is Gerald Swiacki, and he is
followed by Diane Dome.
DR. SWIACKI: Good morning, commissioners, my name is Dr.
Gerald Swiacki, and I reside at 667 Thrush Court, Marco Island.
I'm a retired physician, having practiced for 38 years in Michigan
and seven years in Florida. I still hold active licenses in both states. I
am board certified in general surgery, in medical quality and
utilization. I have been an associate professor of medicine at Michigan
State University. I have taught medical students, interns, and residents
as well as PA students from Nova Southeastern University. My
practice centered primarily on acute surgical care, and I have had
extensive experience in acute penetrating trauma and blunt trauma.
May 22, 2018
Page 45
In addition, I have chaired and participated on multiple medical
quality and utilization committees both on a local level and on a state
level. Let me assure the members of this board that I have no desire to
become a medical director for emergency services. I have enjoyed the
practice of surgery, teaching young people in the medical field and
ensuring that the highest quality of medicine is practiced in my
community.
I have read and reviewed the executive summary prepared by
Director Summers and Chief Butcher recommending denial of the
Marco Island application for its own COPCN. I have multiple areas of
disagreement in the assertions, assumptions, and conclusions that are
put forward in this document. This is not the time or place for
discussion on these issues.
Marco Island citizens elected to become a city in 1997. The
citizens wish to have local control of their community and government.
This is the same reason that we became a nation and separated from
England. This concept holds true for state, county, city government.
The City of Marco Island is able to control its own government
and government services, its own police force, its own fire rescue
service, as well as its own water and sewage utility service. We wish
to control our own Emergency Medical Service.
The citizens feel that at the present time we do not have the level
of medical coverage that we want and deserve. We feel that our
trained and competent paramedics are not allowed to administer
emergency care to the level that they are capable of doing.
Finally, we are very concerned about the level of care that we will
receive from the county as the county population increases and fire
district consolidation occurs.
In summary, Marco Island feels that it can do it better and more
economically. The citizens are willing to tax themselves in order to
provide the services they desire. We want to use our resources to the
May 22, 2018
Page 46
highest level that is appropriate. We want to cooperate with the county
to provide the highest level of medical care to all citizens of the county
while asserting local control of our own emergency medical care.
Thank you.
MR. MILLER: Your next speaker is Diane Dome. She'll be
followed by Len Schuman.
MS. DOME: Good morning, Commissioners.
I'd like to thank you-all for your hard work through our county,
and I also would like to thank Commissioner Fiala for her hard work in
District 1.
As you-all are aware, Marco Island's COPCN issue is an
extremely passionate issue for the Marco Island residents. This was
confirmed by our residents as the bill was presented to Governor Scott
for his signature.
Representative Rommel received a call from Governor Scott's
aide asking how many full-time residents were on Marco Island.
Rommel responded with approximately 15,000. Governor Scott's aide
said, well, I believe all 15,000 have contacted Governor Scott. That
says something about this issue.
We are in a situation where we want our own control over our
ambulance service. We want our local control, and as Dr. Swiacki has
said, we think we can do it. We can do it better, and the residents of
Marco Island feel that they are willing to pay for it. And as a city and
as having home rule, I believe that this is what we need to do and that
we ask for your vote of yes for our own COPCN.
Thank you.
MR. MILLER: Your next speaker is Len Schuman. She (sic) will
be followed by Barbara Murphy.
MR. SCHUMAN: Good morning, Commissioners. My name is
Len Schuman. I'm at 220 South Collier Boulevard, Marco Island,
Florida.
May 22, 2018
Page 47
I've been on the island since the mid 1970s and a full-time
resident with my wife since 2016. During that period of time, of
course, we've seen a vote taken in the nonregistered areas and
governmental areas of Collier County, excluding Marco, Naples, and
down in the southern regions, that showed 62 percent of those peoples
wanted to combine a district/fire district into one unit; thereby, from
our perspective, giving very little chance for Marco Island to have any
voice in getting our second ambulance.
We've gone through a crisis in which we've had Hurricane Irma.
Having worked many years for the Singapore Chinese, I can tell you
that "crises" has two symbols in China. Number one is danger. The
second is opportunity.
The danger we see on Marco Island is clear: One ambulance, 1.2
ambulances on average during season is not sufficient for our aging
population. It's not sufficient for two new hotels in effect with an
expansion to a JW Marriott and a Hilton where there are going to be
thousands of people at one time in one location. It's not sufficient for
the purposes of not having proper medication on all our ambulances.
And despite what Dr. Tober has said, I believe two strategically
situated ambulances on Marco Island can beat that four-minute record
that's being talked about as far as response time and, more importantly,
delivery of any patients to the necessary hospital facilities.
From our perspective, the opportunity is clear. On August 28th
this year our citizens will vote on the concept of whether or not we
want to have our own control, home rule, over EMS and ambulance
services. We, as part of our city or our ambulance group, have been
very instrumental in trying to get a yes vote. I believe that this will
occur. The City Council has supported us, the state legislators and the
representatives and Governor has supported us, and be assured we will
vote yes for this matter, and we trust that you will join us in what we
want to do.
May 22, 2018
Page 48
We are not building a wall between Marco Island and the rest of
Collier County. We have bridges. This effect of having two of our
own ambulances will be a synergistic effect, not an anti-energistic
effect for our total county community.
Thank you so much.
MR. MILLER: Your next speaker is Barbara Murphy and will be
followed by Rob Chalhoub.
MS. MURPHY: Good morning. Thank you for this opportunity
to speak on such an important issue for Marco Island. My name is
Barbara Murphy, and I've lived in Collier County for 17 years and
resided on Marco Island.
I have seen over these years the growth in our residents and
visitors to our city. Marco Island hired the consultants of Fitch &
Associates to analyze cost to develop a plan that will approve EMS
services to our residents and which additionally supports the Collier
County system by putting two additional full-time units on the road.
The staff on Marco Island has presented a plan to work together
with the county that will benefit all, and we should look at this as no
different than what our police and fire agencies currently do. There's
no fragmentation with that.
Attesting to this was seen at Commissioner Donna Fiala's town
talk on Marco Island in February. We heard testimony from a chief
from the Sheriff's Office of the outstanding mutual aid given by the
police agencies from the City of Marco Island and the City of Naples
during Hurricane Irma.
The chief also spoke of the outstanding job from Marco Island
Fire Rescue Department and their mutual aid fighting the significant
wildfire from 2017 that threatened county neighborhoods.
I suggest to you, Commissioner Fiala, as I did at your town hall
meeting, and to County Manager Ochs, granting this license will be a
win-win not for only the City of Marco Island but the county residents
May 22, 2018
Page 49
as well. Two additional units on the road in the county will allow the
county to improve their response times to areas where the response
times do not meet the adopted county standards.
With the professional leaders in both the county and Marco Island
staff, there is no doubt an interlocal agreement will be made to be
mutually beneficial. Remember, providing these lifesaving services is
what these professionals have dedicated their lives and careers to.
I heard in Dr. Weiss's words about collaboration, and this is what
we're speaking -- and it's vital to keep our standards improving. We
ask you, the Board of County Commissioners, to support this COPCN
license to Marco Island with the same conditions the Florida local bill
has given; that we have done an independent analysis of the data, the
cost, and the improvements to the island and a referendum vote by the
citizens of Marco Island.
Thank you very much, and thank you, Commissioner Fiala, for all
you do for Marco Island.
MR. MILLER: Your next speaker is Rob Chalhoub and will be
followed by Kathleen Reynolds.
MR. CHALHOUB: Thank you, and good morning to all of you.
I am the newest member of the Emergency Medical Authority.
And, for the record, I was part of the minority report on this matter.
I'd like to defer most of the comments from the EMA to our
chairperson, Mr. Fryer, but a couple of points. First of all, Marco
Island, despite all their comments about having only 1.2 ambulances,
et cetera, et cetera has some of the best ALS response times in the
county, and that's been documented, and that's been over quite a period
of time. They have some of the best service from the county because
of the way we are structured and because of the way our EMS is -- has
all the backup when there's ambulances off the island. We have others
that we can send there. And, again, the facts speak for themselves.
There's nothing really in their application that supports anything
May 22, 2018
Page 50
that tells us that that's going to get any better. As Dr. Tober said, the
real issue is BLS response. That's the thing that saves lives, and they
fall short in there. So having better ALS response, again, which they
have not documented at all, is not the issue.
This seems to be a solution in search of a problem, to be quite
honest with you. What's the problem? They really can't express it
except for their desire to have their own EMS service.
They -- the numbers don't work very well. Their budget
projections, again, our EMA member has demonstrated that a lot of
their staffing falls short, they can't get by with the 12 that they expect
to have. They need more like 15 or 18. And they're -- just the
numbers in general for maintenance and all that -- and I know some of
that has been revised, but it still falls short.
And, again, there's nothing that states the problem and states what
they're really trying to achieve except for the fact that they want their
own ambulance service.
Those are my comments for this morning, and I thank you for
listening.
MR. MILLER: Your final speaker on this item is Kathleen
Reynolds.
MS. REYNOLDS: Good morning, Commissioners. Kathleen
Reynolds, Ludlow Road, Marco Island.
I don't know if this is really true, but a few days ago I checked
and I heard this was on the consent agenda, and I'm assuming it's been
removed from the consent agenda. So it never was? I'm glad, because
I think at least we deserve a consideration about it, and it made me feel
kind of --
COMMISSIONER FIALA: Never been there, Kathleen.
MS. REYNOLDS: -- made me feel kind of sad.
You know, I think what we're watching this morning is kind of
the antithesis of what you just saw with Fiddler's Creek. Collaborative
May 22, 2018
Page 51
enterprise where lots of conversation took place, and support for a
project came forward.
Your director of Emergency Services just listed eight or 10 things
that he doesn't have the answer to, and I find that kind of astounding,
because I've been on Marco Island for over 30 years. Boy, if there's
one thing people on Marco like to do, it's talk. And every single one of
those questions could have been answered effectively and efficiently.
And I'm feeling a little sad that your director of Emergency Services is
coming forward and saying, "I just don't know all these things." I
think that's unfortunate.
The second thing, the gentleman who just presented here, when
we speak, we cite our data sources. We hired reputable firms to do
highly qualified analyses of all of these different subjects, and we
presented that information to you. But people stand up here and say,
well, they're not going to have enough people, the budget's not right,
but they fail to cite the data sources. And as an academic, I find that
questionable.
I've gotten all kinds of assurances that your concern is primarily
to protect my life and, you know what, I lived under that assumption
for a long time until Hurricane Irma happened and the ambulance was
taken off of the island. That, to me, is mind-boggling. The ambulance
was taken off of the island.
And recently Chief Butcher said, given the opportunity to do it
again, she would do it again, because her job is to protect the assets. I
thought her job was to protect me. So I'm really surprised that that
happened, and it certainly removed my sense of security and comfort
about how Collier County would come to my aid.
And that's why I'm fully in support of this vote. I ask you to
support us and vote with us, approve this initially because, ultimately,
it's the people who will decide. And I honestly don't think you want to
be against what the people on Marco Island are going to decide.
May 22, 2018
Page 52
We'd appreciate your positive vote. Thank you.
MR. MILLER: And that was your final registered speaker for
this item.
COMMISSIONER SAUNDERS: Mr. Chairman? Could I -- I'm
not sure if there were other lights on.
CHAIRMAN SOLIS: There's -- Commissioner Fiala was first,
and then Commissioner McDaniel.
COMMISSIONER SAUNDERS: All right. What I'd like to do
-- and I'd like to hear from Chief Butcher as to the rationale, because
there's been at least I don't want to say an allegation, but that she did
something that was not in the best interest of the citizens of Marco, so I
think we need to hear from her, what her rationale is.
And also, are we going to hear anything from representatives of
the city government of Marco Island?
CHAIRMAN SOLIS: Are there -- your lights are on.
COMMISSIONER TAYLOR: How many more people? That's
it?
CHAIRMAN SOLIS: It's to your pleasure.
COMMISSIONER FIALA: Well, I'm the first one to speak, but
I'd be happy to first hear from Chief Butcher. He's cleaning off my
jacket. And then also -- who else did he want?
COMMISSIONER SAUNDERS: Well, we haven't heard from
Chief Murphy or from the City Manager.
COMMISSIONER FIALA: Okay. We'll hear from them.
COMMISSIONER SAUNDERS: They may not want to present
anything, but I was just kind of curious as to why not.
CHAIRMAN SOLIS: I think if they want to speak, anyone from
the City Council, that you probably need to fill out a form so we know.
COMMISSIONER SAUNDERS: And who is the applicant?
The applicant is the City of Marco Island.
CHAIRMAN SOLIS: Right.
May 22, 2018
Page 53
COMMISSIONER SAUNDERS: So the applicant --
CHAIRMAN SOLIS: Are they here to speak on behalf of the
applicant?
MR. OCHS: Mr. Chairman, also, as time allows or when the
situation lends itself, we do need to give our court reporter a break at
some point.
CHAIRMAN SOLIS: Yeah, I think -- why don't we do this:
We'll take a break now for 10 minutes. We'll come back at 10:46, and
then we'll hear from the applicant, we'll hear from Chief Butcher, and
then we'll proceed with comments and questions from the
Commissioners.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, if you would please take
your seats.
Mr. Chairman, we have several members from the applicant that
are prepared to address the Board.
CHAIRMAN SOLIS: Very good, thank you.
MR. GRIFONI: Thank you. My name's Jared Grifoni, Marco
Island City Council. It's my pleasure to be here today, and I want to
thank the County Commission as well as county staff for their efforts
to date and for their review of this very important issue for our city.
We're requesting a Class 1 certificate for a COPCN for ALS
response and transport. Our fire chief, Chief Murphy, is here, as well
as our city consultant, Dr. Bruce Moeller of Fitch & Associates. And
we're here to provide some additional clarification and answer any
questions from the City of Marco Island that you may have.
As you're well aware, the city embarked on this path a little over a
year ago as a result of a much longer public conversation on the issue.
Last year our City Council approved an approach that allowed us to
work with the county on potential negotiations to improve Marco
Island's level of service to work with our state legislative delegation on
May 22, 2018
Page 54
a local bill, HB1395, which was approved this year, and, of course, to
submit an application to Collier County for a COPCN.
We also have scheduled a binding referendum as has been
referenced on this issue August 28th, 2018, to confirm the support
from the public and, of course, to provide the necessary funding in
order to operate the system appropriately.
All of this effort has been spearheaded by our City Council in
support of our citizens' passion, much of which has been on display
today, to vote on this issue and their right to control their destiny.
Our citizens are very passionate, and their level of support has
been strong. There was a reinstatement survey by the Marco Island
Civic Association in 2017 that showed almost 65 percent support for a
locally controlled transport service even with a tax increase.
We met with the Collier County Medical -- Emergency Medical
Authority on May 1st for the hearing, and it was a lengthy and
interesting discussion. And I believe it was a productive one, even
though there may have been some disagreements on some of the
issues. But, ultimately, it led to a recommendation 3-2 for a
conditional approval.
Our city's well prepared to handle this job, to handle this task, and
to deliver a first-class service to our citizens who want to exercise local
control, and all the while continuing to work with the county and the
County Commission through an interlocal agreement in order to
provide consistent and proper service to everybody involved.
This will improve the level of service for Marco Island. We're
talking about adding additional ambulance units to the road full time
on Marco Island all the time. This will improve level of service in
Collier County by allowing you to, if you so choose -- it is your
decision -- to reallocate some of your resources to other areas of the
county.
The local control here is, I think, the key issue. Long-term
May 22, 2018
Page 55
consistency and flexibility for future development not only, you know,
on Marco Island but elsewhere, if we can serve as a positive example
for the rest of the community.
Marco Islanders want to add service and ambulances, and they're
willing to pay for it.
Doing things, you know, that way -- we're -- or we're doing it the
right way by asking the citizens for their support in a referendum on
August 28th. And if they do vote yes, we will do everything we can to
work to provide everything that they need in order for a quality
ambulance service on Marco Island and, of course, the additional costs
that come along with that.
The referendum data referenced by another speaker, August
versus January or November, the fact is, we're not allowed to --
recommendation of the Collier Supervisor of Elections -- to have a
referendum on the November ballot. We put it on August because that
was the time that we can do it. It's a regularly scheduled election. And
most of Marco Island residents who are full-time residents who are
registered voters are here year-round or have access, of course, to
mail-in ballots.
I guess, really, the bottom line, the main question here that you
have to answer, I guess, is does Marco Island have the right to improve
their level of service if they so choose, if the voters choose to pay for
it, to take on that task and that responsibility and deliver it to the
citizens? And I believe that answer's yes.
So I'm asking that you approve the COPCN application and that
you approve it based on the conditions that were in the HB1395, a
passage of the referendum in August, the third-party financial analysis
that we've already conducted, and allow the citizens of Marco Island to
take control of this issue for themselves and to continue to work
cooperatively with Collier County on an interlocal agreement to make
sure that everything is functioning as it should.
May 22, 2018
Page 56
As I mentioned, Chief Murphy is here as well, and he can address
some of the questions that you may have or some of the other data
questions that have been brought up thus far, and also at this point I'd
like to bring up Dr. Moeller from Fitch & Associates to address some
of the system design operation questions.
Thank you.
DR. MOELLER: Thank you, Mr. Chairman. Members of the
Commission, thank you. My name is Dr. Bruce Moeller. I'm a senior
consultant with the firm of Fitch & Associates.
Just as a way of background, my experience within Florida for the
past 20-plus years includes operations, working with Broward County,
Florida, in Broward County, Florida, government where I was
responsible, actually, for COPCN issues under their local ordinance
serving as their fire chief and then serving as a fire chief and then city
manager in the City of Sunrise, Florida, before moving to Pinellas
County where I, again, worked for a county government, Pinellas
County government, running their public safety.
The engagement that we did for the City of Marco Island really
was to evaluate some questions that they had based on circumstances
that have already been addressed by other speakers. And in our
approach -- the firm is a very data-driven firm. So when we came and
initially engaged in this process, we asked for some raw data from the
computer, the dispatch system, looked at the report that Marco Island
files on behalf of the medical calls and the fire calls that they run, and
we take a systemwide perspective. And when I say "system" in this
case, I'm not talking just on the geographic boundaries of the island but
of the system -- of the Collier County system. I am familiar with
Collier County's EMS system; took the time to meet with your staff on
that. And that systemwide perspective was inherent in what we
developed for the city.
Just several points I want to make briefly. The question has been
May 22, 2018
Page 57
asked, will there be an improvement? We have opined, and the firm
stands by this, that there will be an improvement of EMS services on
Marco Island because of the addition of additional ALS
transport-capable resources to serve that population.
There is also a very strong opportunity for the county to benefit
from that as well because, again, there are additional resources for
EMS being added within Collier County. Oftentimes, some of -- as
has been said today, there is a comment made that if there's a different
patch on the sleeve or a different logo on the side of the ambulance,
somehow it's fragmentation.
There are quality EMS systems all over the nation, ones that I
have worked with and where you will have multiple providers that
work collaboratively together, working with the same 911 system,
coming to interlocal agreements on how to provide automatic aid and
mutual aid. Those systems can work very well and, in fact, are more
resilient often than a single provider.
So just by having a different provider -- multiple providers can, in
fact, be a very resilient system. The work that we've done, our
conversations with the city and with others, we are very confident that
addition of additional resources would not just benefit Marco Island
but Collier County as a whole should the Commission decide to take
advantage of that.
Thank you.
COMMISSIONER SAUNDERS: Mr. Chairman, could I ask a
quick question?
CHAIRMAN SOLIS: Sure.
COMMISSIONER SAUNDERS: Obviously, you've looked at
the majority report from the Emergency Medical Advisory Board.
DR. MOELLER: Yes.
COMMISSIONER SAUNDERS: And there are five conditions
that they listed. Are any of them, in your mind, reasonable conditions?
May 22, 2018
Page 58
And if so, which ones would you find to be reasonable?
DR. MOELLER: I apologize, Commissioner. I don't have the
list directly in front of me. Let me frame it this way, if I could. We
believe generally --
COMMISSIONER SAUNDERS: Mr. Manager, do you have a
copy of the -- can you give him a copy of the five items?
DR. MOELLER: Okay. So the question, again, Commissioner?
I'm sorry.
COMMISSIONER SAUNDERS: There are A through E listed
recommended conditions that should be imposed on this from our
advisory board. And I'm wondering which of these, if any of them, are
ones that you would consider to be reasonable.
DR. MOELLER: Well, Commissioner, again, I'm not the
applicant, so I'm a consultant. But let me try to address it.
Item A, I believe, is a requirement under the statute, or under the
local bill that was recently passed by the legislature, and there's already
been an election scheduled, as the Chair indicated.
B is, unfortunately, a little ambiguous. It says, "EMS services
that are, in all respects, at least equal to quality." I'm not sure how
that's defined, who's the arbitrator of that.
It's interesting to note that today and for years Marco Island Fire
has worked alongside providing ALS services on the island. There
was no evidence that we saw, no information that we saw that would
indicate anything other than that already being met to date.
Licensed -- engaged licensed qualified physician. That's a
requirement of the state law that you must have a medical director if
you're running an EMS system.
A full participant in Collier --
COMMISSIONER SAUNDERS: The recommended condition,
though, is that the medical director of the county serve as the medical
director; that you could -- Marco Island would have an assistant, but
May 22, 2018
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that would not be the medical director.
DR. MOELLER: Okay.
COMMISSIONER SAUNDERS: So the question is, should
Marco Island have their own medical director, or should the medical
director be the medical director for the county as indicated in No. C
there?
DR. MOELLER: Yeah. I think that's a question better answered
by Chief Murphy rather than myself.
The fourth one that you have there is dispatch services. Again,
that's one better addressed by the city itself than myself.
Common dispatch is an element that we often recommend. The
firm has recommended elsewhere with regard to ensuring a
coordinated system.
COMMISSIONER SAUNDERS: That was the -- it included also
the countywide closest-unit dispatch.
DR. MOELLER: So, historically, the firm has often
recommended participating in automatic aid and mutual aid; however,
I will say this: That automatic aid, in particular, we generally
recommend only for higher-priority calls, assuming that the 911 center
employs a best practice in EMS design which is to have a call
prioritization scheme, often referred to as either emergency medical
dispatch, or APCO has a similar version.
If you do that, you don't want to send units -- closest units simply
because somebody twisted their ankle. There's no medical necessity
for that. The literature is quite clear on that.
So -- but on high-priority calls you would do that, which
represents 10, 15 percent of the activity.
Does that answer your question?
COMMISSIONER SAUNDERS: Yes, sir.
DR. MOELLER: Okay.
COMMISSIONER TAYLOR: I have a question.
May 22, 2018
Page 60
CHAIRMAN SOLIS: Okay. Let's -- we have lights on, and so
we're spiraling out of control here in terms of --
MR. OCHS: Mr. Chairman, I'm not sure the city's done.
COMMISSIONER TAYLOR: I have a question of the speaker.
CHAIRMAN SOLIS: Of the speaker?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SOLIS: Okay. Does anybody else have a question
for the speaker that put their lights on?
(No response.)
CHAIRMAN SOLIS: Okay.
COMMISSIONER TAYLOR: Okay. So can you tell me -- you
were -- can you tell me what your -- for the lack of a -- it's kind of an
informal way -- job description was. What were you called in to do to
evaluate for the City of Marco?
DR. MOELLER: For the City of Marco --
COMMISSIONER TAYLOR: Yes.
DR. MOELLER: -- and this engagement by Fitch?
COMMISSIONER TAYLOR: Yes. What was the --
DR. MOELLER: So we were engaged by the city to evaluate
opportunities that the city may have to enhance their level of EMS
services on the island by taking on some level of responsibility for
ALS transport in addition to the ALS paramedic services they provide
today.
COMMISSIONER TAYLOR: Now, I'm not trying to be
difficult. I just wondered, were you asked to evaluate the cost as
versus establishing their own ER on the island so that folks could be
transported and stay on the island as versus having another ambulance
and incurring going that way? Were you asked to weigh those two
areas at all?
DR. MOELLER: No, that was not part of the scope. It was to
evaluate what cost, if any, would be needed in order to assume full
May 22, 2018
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transport responsibility.
COMMISSIONER TAYLOR: Thank you.
DR. MOELLER: Thank you.
CHIEF MURPHY: Good morning, County Commission. Mike
Murphy, Fire Rescue Chief, Marco Island.
In answering the questions that have been asked, on No. D, first
of all, where it says "Marco Island shall remain a full participant in
Collier County dispatch and automatic mutual aid system, including
without limitations remaining subject to countywide closest-unit
dispatch," I think our position was quite clear in front of the EMA.
First of all, Collier County uses a pre-alerting system at the
present time. They do not do EMD dispatch. EMD dispatch has been
recommended by the consultant as a best practice and should be
entered into or looked into in Collier County.
But right now we do pre-alert. And pre-alert means that the
closest unit is dispatched to the location based upon their location and
proximity.
And then through the CAD system, our units are updated, and
they may find out it's a sprained ankle. They may find out it's
something else. But at least units are initially dispatched.
During the EMA meeting, we indicated clearly that we would
participate in the higher-level calls. If the information came in and it
was a sprained ankle or something to that effect, and our unit was on
its way back, a transport unit, that that unit could continue on as long
as there was another unit within reasonable distance. And it's pointed
out the BLS response of the county is -- that would be an appropriate
time and place.
You also need to understand that units continually communicate
currently in the field. And we co-staff one of your vehicles, and that
unit can and will be dispatched. And the units talk to each other in the
field.
May 22, 2018
Page 62
The pre-alert -- and we would continue to do that. But, again, our
priority is, as pointed out to the EMA, was we feel that the
higher-priority calls would be the calls that we should be dispatched
and will respond to in a transport. And those things can be worked out
in an operational procedure agreement as you do with others in
reference to how units move. Those are operational procedures that
are normally worked out between chiefs and have been in the past and
would continue in the future.
And the second question in reference to the medical director, and
we agree, that our medical director would be the assistant medical
director to the medical director of the county. I will respond with the
same answer that we gave the county. The medical director of the
county can submit his application and his qualifications to our city.
We go through a purchasing process for that, just as you do through
contractual arrangements. When it reaches certain numbers, we do
interviews and then we prioritize and we pick the individual who we
feel is best suited for the Marco Island Fire Rescue Department and for
the citizens service on Marco Island.
We would not agree to making that person an assistant to the
medical director of the county. Our license through the state and the
state licensure grants the fact that our medical director is our system
service; however, as stated at the EMA meeting and in other questions,
we would collaborate with the medical director, we would work with
the medical director, just as we would work with your EMS system, to
give the best service possible to the residents of Marco and the
residents of Collier County.
Our units are here. We will do mutual aid. We will do automatic
aid. Those are part of our agreements. And we could work all of that
out operationally.
Are there any other questions for me?
CHAIRMAN SOLIS: Commissioner Fiala?
May 22, 2018
Page 63
COMMISSIONER FIALA: Yes. Could you please tell me what
your plan is for Goodland? You being the closest place to Goodland,
and we're pretty darn far away from them. Our closest ambulance
would be on Isles of Capri.
Can you tell me, being that nobody on Goodland will be paying
toward this ambulance as far as taxing goes, how will you handle the
Goodland?
CHIEF MURPHY: Well, first of all, that ball is really in your
court. Number one is we have already stated at the EMA that we have
no intention of not responding into Goodland, that that would be our
primary response area.
Every year we renew a contract with you for fire and, basically,
EMS services to be provided off of our vehicles into the Goodland
district. We would have no intention of doing that; however, an
individual did state the fact that under an ALS license we would be
licensed for the City of Marco. We would hope that the county would
agree to allow us to respond into that area through an interlocal
agreement or through the MOU/MOA that we currently have with you.
We absolutely are not going to deny those residents any services
that we currently provide and would hope to provide in the future, but
that's, again, your decision.
COMMISSIONER FIALA: Would we then -- before this all is
taking place, would we put together some type of a local agreement so
that it states all that, that the county, yes, invites you to do that and that
you, yes, will, indeed, cover Goodland?
CHIEF MURPHY: I think upon renewal of your MOA with us in
reference to us providing Fire Services and -- that could be just
modified in reference to that Goodland area, that we would agree. I
mean, we currently provide ALS services to that area with our engines
and also in reference to EMS.
COMMISSIONER FIALA: And with Fire as well as. I mean,
May 22, 2018
Page 64
you serve them well.
CHIEF MURPHY: And with Fire.
COMMISSIONER FIALA: I just wanted to put that on the
record. You and I have already talked about that. I just wanted to
make sure that people in the audience knew that we had also discussed
that, as well as our own county people, so that Goodland will be
covered. Thank you.
CHIEF MURPHY: And I would also like to go on record in
reference to the fact that we will exceed or improve the services that
are currently given by the county within Marco Island.
Currently, our fire trucks are not equipped the same in reference
to their drug boxes or their capability, yet our employees are quite
capable of doing that. I think that's a dramatic improvement to the
service of residents. Actually, it was stated by your consultants that
you hired in reference to your Emergency Service Consulting,
Incorporated, did a county master plan where they clearly indicated
that the system is already fragmented and ALS engine personnel are
not utilized to their maximum efficiency.
From the very beginning of this argument, our contention has
been that we all should be using our personnel, especially the existing
resources within county to the benefit of the taxpayers of this county as
well as to the taxpayers on Marco.
And by standardization of drug boxes across the board in
reference to every one of our trucks, there will definitely be an
improvement to the service along with the fact that we are improving
by adding our additional resources paid for by our residents. Working
collaboratively with your medical director, we can give even better
service to our residents and to the residents that we service in the
adjacent jurisdictions.
COMMISSIONER FIALA: I have more questions, but I'll wait
till everybody's done. I mean, the speakers are done.
May 22, 2018
Page 65
CHAIRMAN SOLIS: Okay. Commissioner McDaniel?
COMMISSIONER McDANIEL: No, I have no questions.
CHAIRMAN SOLIS: Are there any other speakers on behalf of
the city?
(No response.)
CHAIRMAN SOLIS: I'd like to just ask a question in that -- and
we just had a discussion about what the terms of this interlocal
agreement would be, and it seems to me that how all of this is going to
work depends very much upon the terms of an interlocal agreement
that we don't have yet.
And I'm just wondering if that isn't something that should be
discussed and worked out prior to making any decision because,
ultimately, how this is going to impact both the city and the county is
going to be dealt with in terms of an interlocal agreement. Am I -- am
I misunderstanding --
MR. OCHS: No, sir. That's certainly an option. In fact, in the
staff recommendation portion of your executive summary, we
provided that as one of several option to you, that instead of granting
the certificate then working out details, work out the details then come
back and have your hearing when you know what all the agreements
are.
CHAIRMAN SOLIS: Why -- from the city's standpoint, why
wouldn't we want to do it that way? Just for -- so that the city
understands its obligations off the island and the county understanding
its obligations on the island.
MR. GRIFONI: Well, personally, I think what would make the
most sense, if that was the direction that you wanted to go, is that you
approve the COPCN today conditionally on a mutually-beneficial and
agreed-upon interlocal agreement no later than June 30th, 2018.
We have a referendum scheduled on August 28th. Absentee
ballots will go out sometime in early to mid July, and we would like to
May 22, 2018
Page 66
have that solidified well in advance of those ballots going out.
And, secondly, with respect to the interlocal agreement, just as a
principle, the HB1395 does not have that as a condition. So if we
ended up going to the Department of Health to seek a license directly
from the state, that wouldn't be a requirement in advance of getting that
license, but it is something that, of course, we would continue to work
with the county on.
So I think if you were to add that as a consideration for today's
decision, that, you know, we set a time-certain on having that
completed no later than June 30th. And if we do come to an agreement
between the chiefs, between the individuals who actually, you know,
know how this will all operate and the best practices for the county and
for the city, they come to that agreement by June 30th, and I think that
will be in the best interest of Marco Island citizens as well as county
residents.
CHAIRMAN SOLIS: Any other questions for the applicant?
MR. OCHS: Did you want to hear from the chief, Chief Butcher?
COMMISSIONER FIALA: Not for the applicant, but I do want
to say some things.
CHAIRMAN SOLIS: Right.
CHIEF BUTCHER: Thank you, Commissioners. I appreciate
you giving me the opportunity to speak on this. Tabitha Butcher,
Chief of Collier County EMS.
I'd like to give you a little bit of background in the decision that I
made to relocate the ambulance on Marco to higher ground. For days
preceding the storm, myself as well as the other fire chiefs within the
county actually had daily conference calls talking about the condition
of the storm, changes that were happening, and where we would locate
units if we became part of the flood-zone area. Chief Murphy was also
part of these discussions and, as I said, it was a countywide effort to
make sure we all moved units together.
May 22, 2018
Page 67
On the day of the storm, I had spent several days within the EOC
watching the storm. Marco was under mandatory evacuation, and
there was a prediction of a 15-foot storm surge coming into that area.
And as some of the citizens had stated, I did make the decision to
move that unit because, yes, first and foremost it is our responsibility
as EMS to protect the citizens of Collier County and respond to their
needs; however, if our first responders are injured or they do not have a
vehicle to get them there, they're not going to be helping anybody.
This was also evident in Everglades City. Chief Schuldt and I
collaborated together. We made the decision to move that ambulance
out of Everglades City, and thankfully we did, because that station
took on about six feet of water.
And as you can imagine, for me I have to take a look at the
county as a whole, and I also have to protect my people. And it's much
easier for me to stand here today before you and justify why I moved
the ambulance than to have to stare somebody's family member in the
face than tell them that I did not protect them, and their family member
got hurt.
So when I say that I would make that decision again if I was
presented with that same scenario, yes, I would move them.
And, interestingly, on the September 5th meeting of the Marco
City Council, Chief Murphy made a statement that for 72 hours during
the storm people are on their own if they do not follow a mandatory
evacuation. Some of you may know that once wind speeds reach 45
miles per hour, we take emergency vehicles off of the road because
there's a risk of heavy winds pushing a unit over.
I did not have the ambulance stay on Marco and move to higher
grounds because it was a much better option to move them off and not
take on that water and potentially be able to get back to the island
instead of being stuck on high ground not being able to move at all.
There's some concerns about some of the things that Chief
May 22, 2018
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Murphy said. And as Director Summers spoke earlier, he had
mentioned that a lot of the questions that we asked during that EMA
special meeting were not answered, and I still feel that way. You
know, he had made a comment just now during his presentation that
his units would respond to calls that sounded liked they were of high
alert. That in itself is a concern because the county is all on one
countywide dispatch system, and our units are -- they respond based on
the call coming in.
Our current medical director does have input into those protocols
that dispatch uses, and a lot of times calls come in, and they may come
in as a sprained ankle, but once you get there you realize it's a cardiac
arrest because somebody fell as they were going down. So it's very
hard to always determine, just based on what you're being dispatched
to is, actually what you're going to roll up on when you get there.
And when you're talking about changing dispatch protocols to
priority dispatch versus pre-alerting, you're talking about affecting the
entire Collier County, including the Collier County Sheriff's Office,
who is actually in charge of our dispatch center now.
So that decision would not only affect how we operate and what
care the citizens receive within the entire county, but it also affects
how Collier County Sheriff's Office does business.
During the hurricane, you know, as I said, we did move the
ambulance off the island; however, we did not refuse to respond. We
were actually still going to respond to the island if needed, however,
with a delayed dispatch.
Just prior to the storm rolling in, there was a call, a dispatch on
Marco Island. Our unit was relocated to Physicians Regional Collier
Boulevard Hospital. We were on the way to that call, and the Marco
Island Fire Department actually canceled Collier County EMS and said
they needed to move that patient immediately; however, after they
canceled us, they remained on scene 12 more minutes before they
May 22, 2018
Page 69
decided to take off and transport that patient. So as I said, we were not
refusing to respond. We were still responding. We were just canceled
by Marco.
I'd be happy to answer any questions that you have.
COMMISSIONER TAYLOR: I have a question.
Chief, we've heard testimony from the Chair of the Marco City
Council that it would be in the best interest of the county not to
negotiate an interlocal agreement before the vote. In your opinion,
would you please comment on that.
CHIEF BUTCHER: Absolutely. In my opinion, I think that
would be a terrible idea. It's almost like asking somebody to do
something without knowing the terms of it. So, basically, they're
asking you to agree on something that you don't really know what it's
going to look like.
And that's been one of our concerns with not having a lot of these
questions answered, because we don't know what it's going to look
like. We aren't able to say that we could relocate ambulances or
resources because we don't know what they're going to be expecting of
us.
COMMISSIONER TAYLOR: There has been no discussion of
the expectations of Marco Island on the county's EMS system?
CHIEF BUTCHER: There was some discussion that came up at
the special Emergency Medical Authority meeting; however, a lot of
the answers that we were given when we asked specific questions
about what do you expect for zone coverage, how will you be
responding if you're at the hospital and you're the closest unit, the
phrase that continued to come up was, well, we'll discuss that and we'll
negotiate that in an interlocal agreement. So, basically, no, we did not
get exact answers of what those expectations were.
COMMISSIONER TAYLOR: In your opinion, has the budget of
this assuming of EMS on Marco Island, has that been fully vetted with
May 22, 2018
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-- in the public venue?
CHIEF BUTCHER: That was also discussed at the EMA
meeting; however, some of the numbers that were presented by Marco
are not in line with the numbers that we put forth. You know, we run
the EMS system, and we know the things that are involved in running
that. So some of those numbers did not match up completely, and that
still remains a question that comes up in several of the public meetings
is, do we really know how much this is going to cost us in the long
run?
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SOLIS: Any other questions?
COMMISSIONER SAUNDERS: I've got a couple questions for
the chief, if I might.
CHAIRMAN SOLIS: Sure.
COMMISSIONER SAUNDERS: Are there fairly standard
interlocal agreements that our different fire services and EMS use? Is
there something that would be very unique about this that would
require having that agreement in place prior to approval of the
COPCN? And the reason I ask that question is, if this is approved, it
will be conditioned upon having an interlocal agreement. I'm not sure
why that would be a problem.
CHIEF BUTCHER: So this is a unique situation for us because
we haven't had a situation like this before. There are interlocal and
mutual aid agreements out there. We have them with Lee County
EMS, Broward County, and Dade County EMS, and the fire districts
have them as well.
The unique thing about this that differs from, say, our interlocal
agreement with Lee County EMS is the fact that Lee County EMS has
the full resources to provide care and coverage for their entire county.
It's very rare that we are called into Lee County to assist to them,
because they have enough resources to do it on their own.
May 22, 2018
Page 71
The other thing is that the closest-unit dispatch, that's another
thing that we have not had before with other counties that we have
interlocal agreements with. So depending on what it is that they are
going to be committing to respond to could definitely have an impact
on that interlocal agreement as well.
And based on the call volume in Marco and the number of times
that we move resources to cover that area, we are going to be going
down to Marco quite a bit still. One of the challenges that we have in
EMS is that hospital offload times can be extensive at times, especially
during season. The hospitals are packed. We take patients in there,
and there's been times that we've waited for up to an hour to two hours
to offload a patient from an ambulance cot.
Marco is going to run into those same challenges. And when
those units are tied up at the hospital, somebody has to cover the
island, and Collier County EMS would be the next one to cover that.
MR. OCHS: See, my position would be that that would be an
obligation of the city if they have their own COPCN. You should have
--
COMMISSIONER TAYLOR: They could cover themselves?
MR. OCHS: Yes. If they need three or four ambulances to
handle that, that's what they should do under their certificate. Because
you need the flexibility to take that unit that's down there now and
perhaps move that into another zone that doesn't meet the current level
of service that you have for your systemwide EMS delivery. And if
we're obligated to provide that zone coverage on a daily basis, I don't
see how you're going to have that flexibility.
COMMISSIONER TAYLOR: So this hasn't been discussed?
MR. OCHS: I'm going to ask the chief how much she's discussed
that or what we found out about that.
CHIEF BUTCHER: No, it has not been discussed fully. As I
said, in the EMA meeting when that question was brought up, the
May 22, 2018
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answer was we'll negotiate that in an interlocal agreement.
It has also been said at some of the Marco town hall meetings that
we would hope that the county would back us up, but there have been
no formal discussions between Chief Murphy and myself over their
exact expectations from the county.
COMMISSIONER TAYLOR: Would you repeat -- there's been
-- you haven't discussed this?
CHIEF BUTCHER: No, we have not -- I have not had formal
conversations with Chief Murphy over what they would be expecting
from us. They want to negotiate that within an interlocal agreement.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER FIALA: I just have a question. Being that --
I'm going back to Goodland now. We were just talking about Marco
covering for itself, and you were saying that we would be moving our
ambulances from the county to other places because Marco has their
own COPCN, but somebody's got to take care of Goodland. Is it going
to be them, or is it going to be us?
MR. OCHS: Well, they have a contract with you right now.
They get paid to service Goodland.
COMMISSIONER TAYLOR: Who's "they"?
MR. OCHS: The City of Marco Island Fire and Rescue, and
that's a valid binding contract. I don't see any reason to get out of that
agreement unless the Board --
COMMISSIONER FIALA: So we would extend that, then, also
beyond Fire but also to EMS; is that what you're saying? Because we
don't have a formal agreement about anything right now.
MR. OCHS: The current agreement, Chief, with Goodland or,
Dan, does that include EMS service as well as fire rescue?
CHIEF BUTCHER: It's fire service in addition to the ALS that
Marco is currently able to provide off their fire engines.
COMMISSIONER FIALA: Yeah, but that's our ambulance.
May 22, 2018
Page 73
Now we're talking about a separate entity altogether, so...
CHIEF BUTCHER: Yes, that would need to be included.
MR. OCHS: I think that agreement could be modified to include
that. And I believe -- and I don't want to put words into Chief
Murphy's mouth, but I believe I heard him say he has an interest in
doing just that.
COMMISSIONER FIALA: Okay. And I think I heard that, too.
But, Chief Murphy, would you just come up and tell us that on
the record, please. I just want to make sure these people are protected.
MR. OCHS: Yes, ma'am.
CHIEF MURPHY: Again, for the record, Mike Murphy, Fire
Rescue chief, Marco Island.
Yes, I did make that statement. I did indicate that the ball's in
your court. The agreement would just have to be modified on your
side, but our intention is absolutely to provide the service.
COMMISSIONER FIALA: I don't worry about Isles of Capri
because we already have an ambulance there, so -- but we didn't have
anything in Goodland. I just wanted to cover that. Thank you.
CHIEF BUTCHER: Any more questions?
CHAIRMAN SOLIS: Any more questions?
COMMISSIONER FIALA: I have a couple comments. One of
the things as I just look at it -- and I've heard this with fire departments,
so I'm going to also rope EMS into that. The Marco Island people
know where all the addresses are. You bring somebody strange off of
another area, and they could get lost real easily, especially on some of
the streets and so forth. I think that -- I can understand why Marco
would want to because they know their people, and they know the
addresses and how to get to them easily.
And the second thing is, they're really hit hard with tourism in the
wintertime, more than anybody really realizes. And how they'll ever
get to a hospital -- I mean, you can't even move off of the island after
May 22, 2018
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3:00 because there's so much -- a line of traffic. And if they're trying
to get an ambulance through -- and it's three deep -- you just can't get
through at all. I don't know how they're going to meet that challenge.
But it's no different than our ambulance, whoever is doing that. That's
going to be a big thing, too, and they might just have to get helicopters
in order to get the people off the island. I don't know what they're
going to do about that.
But that's something to discuss in negotiations just to make sure --
once that Marriott is up and running full time -- man, you know, it
actually affected our tourism rates in Collier County just because the
two hotels were down. So I just wanted to put that on the record.
But one thing I have noticed, working with Marco Island over the
years -- I've been their commissioner for 18 years, so I kind of know
the area pretty well -- when they tell you they're going to do
something, they're going to do it, and they're going to do it better. And
I've said this over and over and over; they're going to do better than
they would ever have promised to do just because they always meet
their obligation, and then they go the extra mile. So I have a lot of
confidence in them.
COMMISSIONER McDANIEL: Are we done with questions
and comments from staff and everybody?
CHAIRMAN SOLIS: I believe so. No more public speakers.
CHIEF BUTCHER: If you don't mind, I would just like to
comment on Commissioner Fiala's comments.
You bring up a very good point when you talk about the island
being busy and ambulances being able to get back and forth.
Currently, you know, Marco has stated that they would provide an
additional ambulance to what is already stationed on Marco. And it's
important for you to know that Marco not only has one full-time
ambulance. They actually have access to 26 ambulances that we have
within our system.
May 22, 2018
Page 75
We have pretty detailed zone coverage policies that states Marco
will always be covered. So as that ambulance goes out, we continue to
move ambulances from the rest of the county and kind of moving them
like chess pieces to make sure that Marco is covered.
When they run out of two ambulances that they are projecting to
have, then that backup, you know, would fall on us, but they're not
going to automatically have that coverage that they have today.
COMMISSIONER McDANIEL: Thank you.
COMMISSIONER FIALA: And you can tell them how the
coverage comes off of Isles of Capri, and then to cover Isles of Capri
they thing the one up from 951 near U.S. 41 and how they move so
that you can see them always moving and covering it all.
And I've heard tell that there have been times when we've had
four ambulances working Marco Island.
CHIEF BUTCHER: Yes, ma'am, that's correct. And that's why
having a unified, consolidated EMS system is very beneficial, because
we know where all of those ambulances are at any given time, and we
know where we need to move them to provide coverage for the entire
county.
COMMISSIONER FIALA: So if that same thing occurs, you
know, especially if there's a line of traffic and so forth because of
tourism, would we still have an interlocal agreement with them to
provide the backup? Because, I mean, they can only have so many
ambulances, and they're going to need our backup. Are we going to do
something along that line?
CHIEF BUTCHER: If that's what we're directed to do, we will
work with them.
CHAIRMAN SOLIS: Commissioner Saunders? Commissioner
Saunders' light's on.
COMMISSIONER TAYLOR: No.
COMMISSIONER SAUNDERS: I think Commissioner
May 22, 2018
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McDaniel was first.
COMMISSIONER McDANIEL: I just want to get to a point
where we're not negotiating or having comments made by the Board
refuted by staff or anybody else. I want to get to a point where we're
actually going to have our discussion and make our comments
accordingly without backup or additional -- that's -- and then I do
comments. I've been sitting down here making notes for quite some
time. So whenever we get to that point, I'm ready.
CHAIRMAN SOLIS: Okay. Commissioner Saunders?
COMMISSIONER SAUNDERS: Depending on when we vote
on this, I'm not sure whether I'm going to vote yes or no. I've changed
my mind about 16 times here in the last two-and-a-half hours -- or last
hour and a half.
Commissioner Solis, you make a very good point when you say
ideally we would have the interlocal agreement in front of us, all the
details would be worked out, and then we could decide whether to
move forward.
But we have a situation where there's going to be an election on
August 28th, regardless of what we do, and so we don't have the ideal
situation. And I'm just going to point out -- and I want to listen to
everybody's discussion -- but if we do approve this and we condition it
on an acceptable interlocal agreement, then I think that takes care of
your concern. So if we do move forward, there's not going to be an
active EMS facility on Marco Island based on our approval with no
interlocal agreement.
And so I want to hear what Commissioner McDaniel has to say,
but I think if we do approve this, that puts us in a better position,
perhaps, than if we don't, but I do want to hear what everybody has to
say.
CHAIRMAN SOLIS: Commissioner Taylor's light's on, and then
Commissioner McDaniel, unless you've already said what you wanted
May 22, 2018
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to say.
COMMISSIONER McDANIEL: I haven't said anything yet. I
have a lot to say.
CHAIRMAN SOLIS: Okay.
COMMISSIONER TAYLOR: Well -- and I'm -- you know, I
understand, and I can empathize; you want to hold your own destiny in
your hands. You want -- you know, you're a city, and you want to
function as a city, and this is very important to you.
My concern is that there's no agreement right now, and that's my
greatest concern. So you really don't know what the costs are going to
be because we haven't come to any kind of agreement about those
things: The money, the number of ambulances, whether we are going
to be the backup or whether we're going to require the city to be a
backup. So it's -- this is tough. It's kind of like -- it's kind of like
letting, you know, a child drive -- or a teenager who's old enough to
drive, but we don't know whether they've done the homework in order
to allow them to drive. And this is -- and it's not holding you close and
not letting you go. It's more -- I'm concerned about your safety.
And, again, I ask myself, have you ever, ever talked about getting
an agreement with a hospital so you could have your own ER on the
island, and if you haven't why not?
UNIDENTIFIED SPEAKER: That's urgent care, not ER.
UNIDENTIFIED SPEAKER: It's not going to happen.
COMMISSIONER TAYLOR: I don't know. This is -- to me,
this is risky business for you. And I still haven't made a decision
because I'm going back and forth, too, but I am concerned.
CHAIRMAN SOLIS: Okay. I think now we're at a point where
we can make our comments.
COMMISSIONER McDANIEL: Okay. Good.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER SAUNDERS: Commissioner McDaniel, are
May 22, 2018
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you finished?
COMMISSIONER McDANIEL: I'm sorry? Yeah, I'm done.
I have to say this: You know, someone alluded earlier about how
long I've been here, and I finally found a job I'm qualified for by
cleaning her jacket.
I'm in a -- we are in a very, very precarious position. I've known
Dr. Tober for a hundred years. Our director of emergency services,
Tabitha Butcher, Chief Butcher, they're recommending that we deny
the request, but on the same token, I'm hearing very, very valid points
from the residents of Marco Island.
From my colleagues up here on the board, Commissioner Taylor,
you brought up the almighty 800-pound gorilla in the room, and that's
money and with regard to who's going to pay for what and how this is
all going to, in fact, go.
I've had conversations with the City Council members with
regard to previous negotiations that have transpired. I've seen, much to
my dismay, egotistical statements coming from, necessarily, both sides
with regard to who should be able to do what they can and what they
can't do, and it frustrates me. It frustrates me to no end that there is
ego involved with regard to this, because what we actually care about
is our people and the care of our people.
I know myself, and I know everybody that's on this planet since
the inception of 911 -- when we were young growing up, we didn't
have 911. And we've talked about this in Eastern Collier County at
length. And when we hit 911, we really don't care who shows up. We
really don't care about interlocal agreements. We really don't care
about ALS or BLS. We want the most competent care that we have
that can be given to us as quickly as, in fact, possible.
And I'm inclined, if the folks on Marco Island are willing to tax
themselves and pay for that, to afford that opportunity to them with the
concerns that have been raised by our own staff with regard to the
May 22, 2018
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continuous care and the functioning of our entire EMS system.
I think, if I've been able to put the pieces of the puzzle together
today that I've heard, that we should -- we should, as a board, not vote
on this today. We should continue this item. I don't know, necessarily,
that there's an emergency that this has to be voted on today. I think
this item should be continued.
I'd like to volunteer myself as part of the negotiating team, if you
were, to clarify some of these things. I'd like to know that the residents
of Marco have been told the truth as to what the actual expenses are
and what they're voting for. I'd like to know that -- because the report
-- Dr. Tober's four-page letter that we all got, I mean, it was fraught
with suppositions. There was concerns about hiring of EMS and what
was going to do with this and that and potential of this and potential of
that, and I -- and, again, with all due respect, I love that man. It's just I
can't today say that this should go forward without having negotiated
out the terms and conditions.
I found rather ironic that Chief Murphy referred to this as an
argument. This isn't an argument. This is how do we best provide the
care for the emergency services of our residents of all of Collier
County. Chief Butcher talking about rotation of ambulances.
At the end of the day, Commissioner Taylor, it's all about money.
If they -- if the residents of Marco Island want to tax themselves and
pay for three ambulances and they all roll off the island, we're required
to roll them in, our own 26 ambulances, to cover them. I mean -- and
that's necessarily the way it should be.
This discussion is -- again, it's fraught with emotion, it's fraught
with politics. And my decision today is not fraught with emotion, it's
not fraught with politics. It's with pragmatism that I'm suggesting that
we defer this actual decision on the COPCN, and time-certain, per the
chair of the City Council, come up with a suitable agreement in
advance before the electorate actually votes to tax themselves and the
May 22, 2018
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county enters into a conceptual COPCN.
Tabitha Butcher -- excuse me. She's my friend. Chief Butcher
said, you know, we've never done this before, but we're going to get to
whether our staff likes it or not. If the voters of a Marco Island, in fact,
vote to move forward with this, we're going to get to do this. And my
suggestion would be that we have these agreements done in advance
before we actually vote in favor of this.
There, I've got to say my piece. If you want me to make that a
motion, I'd be happy to.
COMMISSIONER FIALA: Please.
COMMISSIONER McDANIEL: Okay. Well, you ought to do
it.
COMMISSIONER TAYLOR: Well, there's a motion on the
floor?
COMMISSIONER McDANIEL: Well, no. You know what, I'll
withhold my motion and let the rest of you -- since you were kind
enough to allow me to speak; thank you.
CHAIRMAN SOLIS: And I would just like to add something to
what Commissioner McDaniel has said.
Yeah, I'm also concerned that we don't have the details worked
out in what the interlocal agreement would be and what the impact of
that would be both on the city and the county.
But, also, I'm a little concerned with the process here, because the
ordinance that we're operating under and that this decision is made
under has certain criteria that the applicant has to meet. And the
executive summary -- and we've had testimony -- says that some of
these criteria haven't been -- no evidence has been shown to support
any of the criteria, or not any of them, but some of the criteria, and
that's concerning to me.
The County Attorney pointed out that there is a provision in the
ordinance regarding the appointment of a hearing officer to actually
May 22, 2018
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hear the evidence. I mean, this is supposed to be an evidence-based
decision.
And so, in conjunction with what Commissioner McDaniel is
raising, I would suggest that -- I mean, we need some determination on
what the evidence is for each of the criteria for making this decision.
That's what we're supposed to be doing, as I understand it.
COMMISSIONER McDANIEL: It's not an argument.
CHAIRMAN SOLIS: It's not an argument. It's a presentation of
evidence, and does the evidence support the decision.
So, you know, I would like the Commission to -- the
Commissioners to consider that as well, that we need somebody to
hear -- because the ordinance is almost written like a zoning ordinance
in the sense that there's criteria, and the applicant has the burden of
bringing the evidence forward, and we're supposed to make a decision
based upon whether or not the evidence supports that they met the
criteria. So I just -- I don't feel like we've done that.
COMMISSIONER TAYLOR: So I like your idea of a hearing
officer. That's an interesting place to go.
COMMISSIONER SAUNDERS: We're going to have an
election in 90 days regardless of what we do up here.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SAUNDERS: And you're not going to have a
hearing examiner review all of this and make some determinations or
some recommendations and have it come back to us in the 90 days
between now and the election. That would be impossible. And if we
think it's not impossible, then we've got that London Bridge for sale if
you want to consider it.
COMMISSIONER McDANIEL: I'll take a few shares.
COMMISSIONER SAUNDERS: You know, I was steadfast
against fragmenting our system but, you know, we're obviously in the
21st century. Communication is very well established amongst
May 22, 2018
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different emergency systems. I don't think that we're going to have
any problems with coverage on Marco Island. I don't think we're
going to have any problems with Marco Island covering Goodland and
doing all of the things that are going to be required.
What I think we need to do -- and we may be granting it or may
be denying it, but I think we need to -- if we grant this today and we
condition it upon some of the conditions if not all the conditions in the
majority report, we condition it on the comments from Chief Murphy
concerning Goodland, and we condition it upon having an acceptable
interlocal agreement, then I think we've got our concerns covered.
If we don't do that and it goes to the voters in August and it's
approved, we have really no say in this. Now, we may not have a
whole lot of say in it anyway if it's approved by the voters, but I think
what would happen, quite frankly, is if it's approved by the voters and
AHCA has an application and they have our conditions on an approved
COPCN, I think AHCA would certainly be willing to at least listen to
what the conditions are that we are attempting to impose.
If we simply say, well, we're going to continue this for the next 90
days as we set up a hearing examiner, I don't think we're going to have
that much of a role in it.
COMMISSIONER McDANIEL: I didn't say 90 days.
COMMISSIONER SAUNDERS: I know you didn't say 90 days.
I'm saying, you get a hearing examiner and you present all of this
evidence, you're going to be 90 days or more down the road.
COMMISSIONER McDANIEL: And it's -- just as a point. I
mean, Commissioner Solis is the one that said the hearing examiner. I
was actually leaning on us coming to a resolution with this before -- I
could actually see it transpiring before our second meeting in June.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER SAUNDERS: And, you know, with all due
respect, that would be a lot of pressure on everybody, but I don't think
May 22, 2018
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you can do it.
COMMISSIONER FIALA: Why don't you make a motion?
CHAIRMAN SOLIS: My question -- and my question is: If we
approve with all the conditions that you just mentioned and it goes to a
vote anyway, then what -- I'm just wondering what's the purpose of
this entire exercise if it's still going to a vote? Because, ultimately, we
could end up with the COP -- or the approval from the state that
doesn't conceivably contain all of the conditions that we want.
COMMISSIONER SAUNDERS: I understand, and that's why I
say, we don't have a perfect situation here, but we do have an
opportunity at least to take a position on what would be acceptable to
us if there was a COPCN issued by the state.
I think -- I would suggest that if this is approved with conditions,
that we certainly be involved in any AHCA application pursuant to the
referendum so that at least AHCA knows we're willing to move
forward with a COPCN but we have to have certain conditions that are
met, I think it puts us in a better position.
Now, the gamble there is, obviously, that the referendum may
fail. So we condition it -- Condition Number A, from the majority
part, is that it's conditioned upon the referendum passing.
So I think we put ourselves in a better position, that's all. And I
don't see any point in deferring this or delaying it. We know that
there's going to be an interlocal agreement. We know that these chess
pieces that Chief Tabitha has talked about, the 26 chess pieces, they're
going to move around. We know that there's going to be good
communication.
You know, the one issue I'm struggling with is -- quite frankly, at
this point is who should be the medical director. And, you know,
change is difficult. I would have -- yesterday I would have said there's
no way in the world I would consider having a separate medical
director on Marco Island. I don't think I feel that way today. I think
May 22, 2018
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having their own medical director is maybe not such a bad decision.
There will be coordination. There may be different drugs on the
trucks, but there will be -- certainly any medical director on Marco
Island is going to make sure that the individuals are well trained. So I
don't -- I think we're in a better position if we move forward than if we
don't.
COMMISSIONER FIALA: You were eloquent. Thank you.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: Well, Commissioner Taylor --
do you have a comment, Commissioner Taylor? I was going to make a
motion for continuance.
COMMISSIONER TAYLOR: Well, I would like to ask our
County Attorney, is it so pie in the sky that we could have a hearing
officer come in and help us in this before, I guess, the June deadline?
MR. KLATZKOW: If you look at the local bill that was enacted
-- you know, I know Marco Island wants to have a quick election, but
the local bill requires that before they can go their own way, that this
board denies the certificate.
So, you know, I understand they want an August hearing, but as a
precondition for their being exempt from obtaining a certificate of
public convenience from us, you have to deny it first. That's what the
bills says.
COMMISSIONER TAYLOR: So they can't go to an election
until we vote to deny it?
MR. KLATZKOW: Well, they're going to do an election
anyway, so now --
MR. OCHS: I believe the language is if it's unapproved.
COMMISSIONER McDANIEL: Or denied.
MR. KLATZKOW: Unapproved, yes. So if the Board's
continuing this --
MR. OCHS: Well, you didn't deny it.
May 22, 2018
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COMMISSIONER TAYLOR: You didn't deny it.
COMMISSIONER McDANIEL: Correct.
MR. KLATZKOW: I don't know that we really want to go that
way. You could send it to a hearing -- look, you're going to make --
we've had these applications before the Board before, and it's been a
one-day hearing, and the Board has made a decision one way or the
other. It happens all the time.
You can send this to a hearing examiner with the conditions that
they hear it and give you the recommendation or decision right there
and then; that they don't hold it 15, 20, 30 days.
So from a timing standpoint, you're getting close but, yeah, you
could do it. You'd have to do it real soon, but you can do it.
COMMISSIONER TAYLOR: Yeah. May I ask the Chair of the
City of Marco to come back to the podium, please.
Is there -- is there any reason that August -- it has to be an August
election when you have a general election in November?
MR. GRIFONI: Yes. We set a binding referendum for August
28th, 2018, and that was based on the Collier Supervisor of Elections'
recommendation that they do not allow -- or they do not want any
additional referendum or anything on the November election because
of the length of the ballot, especially with the constitutional questions
that are going to be on in 2018.
But I think there's a little bit of confusion with respect to the
referendum itself. The referendum will authorize the city to collect the
tax dollars in order to fund the locally operated transport service. So it
doesn't -- it's not directly related to whether it's a county COPCN or
state COPCN. It's just authorizing the city to collect those tax dollars
and getting the support from the citizens.
So if that vote is affirmative in August, then the city's option at
that point will be either to accept a license or an approval through the
county and a license -- or go directly to the state. It doesn't bind us one
May 22, 2018
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way or the other to go either to the state or through the county. And
I've heard a comment that maybe there was some idea that if we go to
the referendum, we have to go to the state. That's not the case.
COMMISSIONER TAYLOR: Okay. Thank you for the
clarification.
MR. GRIFONI: And one thing I just wanted to add about the
hearing officer; I don't think that has ever been done before by your
board for any other application that may have come through, so I think
in this situation, I mean, we've gone through the process. We've gone
to the EMA. We got a conditional -- recommendation for a
conditional approval from the EMA. We have an approval from the
State of Florida to go to the Department of Health for a license. So I
think, you know, kicking the can down the road or perhaps going to a
hearing officer is unnecessary and would be applying an entirely
different standard to the City of Marco Island that hasn't been applied
to other applicants.
Thank you.
COMMISSIONER FIALA: Mr. Chairman, could I ask
Commissioner Saunders, because he was so eloquent in his speech, to
make a motion? I personally agreed with everything you said as far as
moving forward, but I can't say it very eloquently.
COMMISSIONER SAUNDERS: Well, I think you probably
can.
I will make a motion. If the majority wants to continue this, it
looks like there's at least two of us that don't want to continue this. Let
me just ask is -- if we can move forward, I'll be -- I'll make a motion,
but if we're going to get three votes to continue this for a hearing
examiner, there's no point in making the motion. But let's find that out
and --
COMMISSIONER FIALA: I just think that's even more delay. I
think we've heard everything we're going to hear. I don't think there's
May 22, 2018
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anything new to be discovered except that we need some conditions --
COMMISSIONER SAUNDERS: I agree.
COMMISSIONER FIALA: -- by which to approve this, and so I
would think that we should move forward.
COMMISSIONER SAUNDERS: Well, I'll make a motion then,
and we'll see what happens with it.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: And, again, I've said this
before, and I'm inclined to approve the request with conditions. I just
think that there is -- there's not a rush for us to actually approve this
this minute and that we could take a second to negotiate some of the
formalities with regard to the MOU or the letter of intent for
operational standards. There's certain aspects of the majority report
from the EMA that are of consensus, and then there are those that are
not.
And I think -- I've suggested by our second meeting in June. We
could shorten it up to less time. I just think it's premature at this stage
to actually vote for the approval subject to conditions that we're
extrapolating from people when they're coming up to the microphone.
I mean, you're asking -- you were asking the consultant questions who
willingly said he wasn't prepared nor necessarily qualified to answer
those, and then there was delineation from the applicant while they're
at the microphone.
And I think if we -- again, as I said, this is fraught with emotion
and politics. If we step back from this physical decision this minute --
and even if it's two weeks, I don't -- I'm not really -- I don't -- this isn't
that difficult. I think if we all got together a little bit here, we could
come up with a resolution that would be satisfactory to both.
COMMISSIONER SAUNDERS: So you want to continue this
until our first meeting in June --
COMMISSIONER McDANIEL: No later than.
May 22, 2018
Page 88
COMMISSIONER SAUNDERS: -- at which point in time you
will have assisted in the negotiation of the interlocal agreement that
will come back to us?
COMMISSIONER McDANIEL: Yes.
MR. OCHS: Commissioner -- and, again, with respect and not to
be argumentative but, you know, the Board sets policy under the law.
The county staff carries out that policy and operational directives.
I appreciate the offer but, you know, if you want to direct the
negotiation of an interlocal agreement, we'd be happy to do that and
bring it back to the Board.
COMMISSIONER McDANIEL: And I'd be more than happy to
work with you on that --
MR. OCHS: Thank you.
COMMISSIONER McDANIEL: -- sir.
MR. OCHS: I'm just trying to keep everybody --
COMMISSIONER McDANIEL: And I can't speak for the
Board. I can't speak for the City of Marco. I just would like to -- I'd be
more than -- I volunteered to do that. I'd be happy to do that.
COMMISSIONER FIALA: Well, I would love to sit in on that,
being that this is my district.
COMMISSIONER McDANIEL: We both can't, but you can if
you want to.
MR. OCHS: Yeah, that's the problem.
COMMISSIONER TAYLOR: Okay. So is there a motion?
CHAIRMAN SOLIS: Yes.
COMMISSIONER McDANIEL: He was going to make a
motion, but I'll do it if you want me to. Either way.
COMMISSIONER SAUNDERS: Well, I wasn't going to make a
motion to continue this. I was going to make a motion concerning the
approval.
I'll go ahead and make -- and I guess there's really not much point
May 22, 2018
Page 89
in making that motion if three of you are going to vote to continue this.
That's my point, so...
CHAIRMAN SOLIS: Is there a motion to continue?
COMMISSIONER McDANIEL: I'll make a motion to continue
it.
COMMISSIONER TAYLOR: I'll second that motion.
COMMISSIONER McDANIEL: To no later than our second
meeting in June.
COMMISSIONER FIALA: Second meeting? It was just the first
meeting before.
COMMISSIONER McDANIEL: I said no later than. It doesn't
mean that it cannot come back before our first -- to us in --
COMMISSIONER FIALA: How much time do you need in
order to get it on the ballot, because the Supervisor of Elections --
CHAIRMAN SOLIS: It's going on the ballot.
COMMISSIONER SAUNDERS: It's going on the ballot.
COMMISSIONER McDANIEL: This has nothing to do with the
ballot.
COMMISSIONER FIALA: Well, they're talking --
COMMISSIONER McDANIEL: This has nothing to do with the
ballot. The ballot question that the residents are voting on is whether
they'll tax themselves and provide for their own EMS system.
COMMISSIONER FIALA: Yes, right.
COMMISSIONER McDANIEL: It has nothing to do with the
COPCN and our granting it or not.
COMMISSIONER FIALA: Okay. I just want to -- I don't know
why -- I don't know why we have to delay it.
COMMISSIONER SAUNDERS: Yeah, I don't support that
motion to continue, but I can count to three.
COMMISSIONER TAYLOR: And to continue to develop an
interlocal agreement.
May 22, 2018
Page 90
COMMISSIONER McDANIEL: And give direction to staff to
work out the stipulations for the -- for the approval of the COPCN. I
mean, if that's -- if that's -- that gets us to where we need to go. I'm not
prepared to -- I'm not prepared to make a recommendation for that
approval without having some of the specificity done.
MR. OCHS: Mr. Chairman, is there any consensus among the
Board with regard to the EMA conditions about whether you want
some of these in or out or -- am I just going to go do the best I can and
bring it back to you even if you don't necessarily want those
conditions?
CHAIRMAN SOLIS: And that's a good point, because my
understanding -- and my notes show that C, at least Chief Murphy said,
was not -- was not something that's acceptable.
MR. OCHS: Yes. My understanding is C was not acceptable, D
was a conditional maybe, and we haven't really talked about the rest of
them too much. E -- I don't think E is --
COMMISSIONER McDANIEL: And if we're going to give
direction to staff to negotiate an approval for this, these items all can
be discussed in more detail.
MR. OCHS: Okay. I just wanted to know if the Board was
taking any of these off the table in advance.
COMMISSIONER McDANIEL: No. They're all on the table.
Everything is on the table.
COMMISSIONER TAYLOR: No, no.
COMMISSIONER FIALA: Well, are you speaking for
everybody or just for yourself?
COMMISSIONER McDANIEL: Just for myself.
COMMISSIONER TAYLOR: And I'm seconding --
COMMISSIONER McDANIEL: And be still now.
COMMISSIONER FIALA: I have to, you know, just confirm
what you're saying.
May 22, 2018
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COMMISSIONER McDANIEL: Okay.
CHAIRMAN SOLIS: So there's a motion and a second, and the
motion is to continue it to --
COMMISSIONER McDANIEL: No later than our second
meeting in June.
CHAIRMAN SOLIS: -- no later than the second meeting in June
with the understanding that all of the recommendations from the EMA
majority report are on the table. That's the motion?
COMMISSIONER McDANIEL: Yes. Do you want to designate
one of the --
COMMISSIONER TAYLOR: Second.
COMMISSIONER McDANIEL: Do you want to designate one
of us to be party to the negotiations? Commissioner Fiala, do you
want to be the volunteer?
MR. OCHS: Commissioner, I think that's not a good idea under
your county manager ordinance. I'd be happy to work with each one of
you to find out if you have some individual preferences, but...
CHAIRMAN SOLIS: I think there's certainly a role that we all
play in these kind of decisions that need to be made, because we
communicate with our constituents. I think it's --
COMMISSIONER FIALA: It's going to affect each one of us in
our districts.
CHAIRMAN SOLIS: Right. And whether or not one of us needs
to be the lead negotiator, yeah, I don't --
COMMISSIONER McDANIEL: It wasn't necessarily -- if you
want to call it a lead negotiator or a liaison, it's just, I can see -- I have
seen a lot of discontent amongst the parties, and I thought maybe
sending them back to come back to tell us that they haven't been able
to get to where they need to go without supervision wasn't the path that
we should travel again.
COMMISSIONER TAYLOR: Without supervision. I think we
May 22, 2018
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can -- why don't we give it a shot without supervision?
COMMISSIONER McDANIEL: Okay. That's fine, too.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN SOLIS: Okay. So there's a motion and a second.
All in favor?
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN SOLIS: All those opposed?
COMMISSIONER FIALA: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Very good. It passes.
COMMISSIONER McDANIEL: And there you go, at 12
o'clock.
CHAIRMAN SOLIS: We had a time-certain for 11.
MR. OCHS: We can do that after lunch break, sir.
CHAIRMAN SOLIS: We'll break and have lunch, so we'll be
back at 1:00.
(A luncheon recess was had.)
MR. OCHS: Mr. Chairman, you have a live mic.
Ladies and gentlemen, if you'd please take your seats.
Item #11C
RECOMMENDATION TO REVIEW AND APPROVE THE 2018
PARKS AND RECREATION MASTER PLAN PREPARED BY
TINDALE-OLIVER DESIGN GROUP, LLC – APPROVED
Commissioners, we move now to your 11 a.m. time-certain
hearing, Item 11C. This is a recommendation to review and approve
the 2018 Parks and Recreation Master Plan.
May 22, 2018
Page 93
Mr. Williams will begin the presentation.
MR. WILLIAMS: Good afternoon. Barry Williams, Parks and
Recreation director. And thank you, Mr. Ochs.
Just to start out, this is our update of a master plan that we -- was
approved by the Board in 2011. And so since last summer we've been
working on this plan in a variety of settings: Focus groups, public
meetings, survey results, and have gathered this data and wanted to
bring it forward to you for consideration this afternoon.
So we've worked with a consultant to help us in this endeavor,
Tindale Oliver, and Mr. Steve Tindale is here with us to present the
information.
Also with Steve is Allie Ankudovich (phonetic).
MS. ANKUDOVICH: Close.
MR. WILLIAMS: Oh, my. And I'll be working on her
pronunciation later this afternoon.
COMMISSIONER TAYLOR: Calley (sic).
MR. WILLIAMS: Allie is a good way to go.
But I also wanted to make mention of Phil Brougham who's
worked very closely with us in our process, and he's our vice chairman
of the Parks and Rec Advisory Board, so we're very fortunate with his
involvement.
So with that, what I'd like to do is to turn the mic over to Mr.
Tindale to present to you the information from this study.
MR. TINDALE: I can't say good morning, can I? Good
afternoon. Somebody's going to have to help me with pushing buttons
here.
So, very briefly, in terms of the overview of the presentation, the
2018 master plan, our goals, we're going to go through those and what
we were trying to accomplish, very briefly; the summary of
recommendations, and we want to spend a little bit of time talking
about the public outreach, because we spent a lot of effort and really
May 22, 2018
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got a lot of citizens involved; and then briefly go over some of the
technical analysis.
What were the goals of the plan? First we wanted to take the
2011 plan and say, what did we do? What was it we did not
accomplish? And use it as frame of reference. We didn't want to just
walk away from the 2011 plan. And we didn't; we went and
documented what had got accomplished that was in there, what was
still in the plan, and use that as a frame of reference.
We wanted to deal with facilities, and I'll talk about facilities as
capital facilities, your investment, growing facilities, and then the
programs, which is the programs on those facilities, on those parks.
We wanted to respond to the stakeholders in the community and,
basically, plan for the future. And this is a very -- more of a strategic,
what I call a strategic plan more than a tactical plan. It's really just to
give you a really big picture of where you're headed in the green, that
you're headed in the right direction, and then make recommendations.
And what I usually like to do is go over some of the conclusions
and then how we get there. I found commissioners like that more than
wondering what am I going to get to, you know, what our conclusions
were.
So I'm going to talk in the recommendations, first is going to be
about capital. One is give you a -- hopefully a picture of the funding,
an assessment of the funds coming in. Let me say that I work all over
the state in doing financial stuff for parks and master plans, and you've
got one of the nicest assets in the state in terms of the value of your
parks and the value per person and what you've done, by no doubt, and
I think in both -- if you get to know me, you'll know I'm a numbers
person and a data person, but the value you've created per person is
one of the highest in the State of Florida in terms of the parks.
And another comment, really quickly, is that transportations are
the most expensive asset you've created. The second one is your
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schools, which people are surprised. If you ever see a school fee,
you'll know why it's so high, because they're very, very expensive.
And the third largest asset you have in the county usually is your parks.
People don't understand, that's the third biggest investment usually a
county makes, and that's almost consistent in all of the states. So it is a
major investment you make and a major product you have.
We're going to talk about in those projects, regional parks, then
other major projects and other projects that evolve around that, and I'm
going to talk about beach and boat access, and we'll do that very
carefully.
Then we're going to go through the recreational program itself,
show you where the public talk about park maintenance and other
representations.
So this is a big picture in terms of financing. And to be honest
with you, these numbers still are floating a little bit, but these are really
close to being finalized.
One thing is you have impact fees. It's one of the biggest
generators of revenues you have to invest. Right now in the next 10
years you're going to generate about $90 million worth of impact fees,
about a third of that, about 30 million, is for debt. So that's one of your
biggest sources. And I can tell you, you have one of the higher impact
fees and one of the most utilized impact fees to deal with your capital
programming. And that's one of the reasons you have a nice asset is I
think you've charged 100 percent on your parks impact fees for the
past 20 years, and that's part of your program.
Your sports tourism, really, with the fund balance and what
you've got is actually more than $38 million, but that is one of your
assets, and I'll show you the sports tourism in terms of revenue. And
that is fairly unique in the state, and it's very useful to have that. Now,
how you operate and use those, make them available to the public,
we'll talk about.
May 22, 2018
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Your Tourist Development Council money is pretty well directed,
and we've allocated that to your parking and beach improvements.
You have a fund balance of about seven-and-a-half million dollars, and
you have a total money revenue available at $18 million. So, again,
that's an asset you have there to deal with some issues.
And then you have Boat Improvement Fund, which is about a half
million dollars, and that's mainly for your boat access and docks. So
that's kind of the big picture of what you have available to deal with
the parks program.
I'm talking a little bit about the impact fee first. Again, it's $90
million. It's about 8.8, $9 million a year. You've got 30 million in
debt, and so that gives us about $60 million to invest. And this is the
direction that we've pointed towards that set of funds.
You've got Phase 1 and Phase 2 of one park to potentially chew
up the whole $60 million in terms of your Big Corkscrew. You've got
the Manatee Community Park and Vanderbilt Beach Road Park. Those
have some issues in terms of the road extension and what you really
want to do with Manatee, so they have some timing issues, but that's
the next priority.
And what we've suggested is maybe looking at another debt and
trying to do something with the revenue source coming in to where
you can free up up to $10 million to deal with the other programs, and
I'll show you, I think very clearly, where the big-ticket items are really
important. They're something you need to do, and you really get
committed to those; at the same time you need to try to free up some
money to do some others items other than those major parks.
If you look at that list right there just in terms of the numbers, it's
$80 million. I guess one thing that's kind of interesting -- again, I work
all over the state. It's interesting to see a county with so much money
and such a commitment but also such a list of needs in what you really
want to get done, and that's kind of what I'm seeing. I'm seeing a great
May 22, 2018
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program, great operation, great value, some reasonable money coming
in and, yet, you want to continue that, and that's what this picture
actually paints for you.
Great program, great history, really nice where you are, got some
nice things going on, but you've still got a list of things you'd really
like to get done that are pretty critical in terms of continuing on.
This is part of our data analysis, just to give you a sense of the -- I
think the reason we really think you're in the right direction. So we
took -- these are -- I think they call them TAZs. They could be census
zones. But this is where your -- the most dense population you have,
and you see that shape we drew in terms of where -- you know, the
significant number of people.
That is your coverage of your regional parks. And so you see that
big red area up there that you've got some density, and there's no
regional park there. That's Big Corkscrew, by the way. I'm going to
pull that in there. So it just shows you that, it's like, oh, look what a
genius we are. We're putting the park right where it needs to be. Well,
there was some thought given to that, but this shows that when you go
to put in your program, it clearly is needed, it's needed by geographic
area, and the other thing is it's needed in terms of some of the active --
because many of your parks are overburdened in terms of just that
level of activity.
So to me, in my mind, that's kind of like the centerpiece of the
first step. It's a big investment, but it really makes you whole, in my
mind. That is something you've committed to, you've committed to for
a reason, and it has a big payoff in terms of both geographic location
and then the assets that you're going to put in that park. So in my mind
that's kind of the centerpiece of the process.
This is a list of the other parks in terms of each one of them. You
can see Big Corkscrew. You can see the Manatee Community Park,
Vanderbilt Beach in its location, and you've got the sports tourism
May 22, 2018
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program going in.
I guess she's trying to tell me, you should have clicked. I'm
usually really good with visuals.
But you can see now in that area that we talked about where
people are, you can see kind of the centerpiece going in, and then you
see the pieces going around in terms of what I'm doing. Again, the Big
Corkscrew is the centerpiece. Vanderbilt Beach has got some timing
issue, but it's clearly located in there. You've got a sports tourism
complex. And I guess, in general, I think what I've seen with that is, if
you can -- in my mind it doesn't matter who operates the sports tourism
duplex, but it's going to be, are they available to the general public, and
over time you're going to have to deal with that issue. And we've just
highlighted that.
COMMISSIONER TAYLOR: It's going to be.
MR. TINDALE: It's not uncommon. It's a great asset, but -- and
historically I've seen that if you're not careful, they could become so
productive in terms of your tourism, what you're doing, as they may
not be the asset in terms of availability, and that may be something you
do deliberately but didn't realize when you're planning not to count on
it or to count on it. I don't think it's a plus -- you know, it's not a
decision you have to make today, but it's one you need to continue to
monitor in terms of what you want to do in terms of the sport tourism
complex and the role they play in terms of the general public, because
it is a major source of revenues and assets.
We have the other projects, and this is where, I guess -- and our
mindset is, this may be where you need to deal with the revenue flow
and try to create a set of revenues that does something other than your
-- the critical centerpieces. You know, these other projects are things
that you need to spend vested money in, and your final financial
strategy needs to have some funds to deal with this range of stuff.
And, again, this is a case of having some nice revenues but having
May 22, 2018
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a great list of really needed things to do that don't quite match.
The boat access, beach and boat, it's mainly -- there's two of them.
One is beach. I think there is no doubt, at least in our analysis, in terms
of the demand and some of the economic benefits, that you need beach
access. And to be honest with you, my history in looking at beach
access and parking kind of match up. It's not simple. It can be very
controversial, but it needs to be on your list, and you need to keep
going forward with analysis to try to attempt to resolve it.
You need to do it environmentally sound, not affect
neighborhoods, but beach access is a major thing for this community,
and you just need to continue on dealing with that issue. And you have
funds. So what is interesting in a lot of my clients is they've got a
problem, they want to analyze, you know, some solutions, and they
don't have any money to solve it.
Well, you're sitting with funds available, and you need to just
continue on with your analysis and options in terms of both the beach
and the parking, and that's one of our major points is continue that;
don't let up. Keep pushing the gas down. Get that resolved.
This is your programming, and it's a very significant
programming -- programs in terms of what you have, and you kind of
see how the programming fits in with where your population is.
You have 17 teen/youth programs.
COMMISSIONER FIALA: Seventeen what, please?
MR. TINDALE: The teen and youth programs within the parks.
One -- we've got two what we call adaptive inclusive programs, and
then the one senior program you formally have adopted. So you've got
a substantial, you know, program going on within your assets.
Park maintenance -- and this came and will show some of our -- a
lot of the park maintenance came out of our public involvement. What
better way to get a feel for how well you're maintaining things, and
these are some of the items that came most frequently. Restrooms and
May 22, 2018
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trash maintenance.
It was a suggestion to go through and develop an asset
management system itself to help you attract the maintenance deeds
and deal with the maintenance inspections for the key facilities. So
those are some of our recommendations, and I'll show you that came
out of the public involvement program in terms of comments that we
got.
And I said "other" in terms of things: Parks accessibility,
interlocal agreements. I did meet with the school -- school board in
terms of some of the things they're doing and they're proposing.
There's clearly an interest in the Blueways master plan. Several
comments in terms of ADA, and continue on with that.
And one of the interesting things we've come up with in some of
the comments is you really need to work on your web size and your
website, your communication, and the social media. I think there was
a general sense to the public that you had a better program that the
public wasn't being exposed to and that working on that would be very
useful to the county.
I want to quickly go through the public outreach and the technical
analysis. I think it's documented very heavily in the report in terms of
what we've come up with.
We went through an inventory, your demographics, the location,
your growth, and the existing plan in the summer. We did the first
preliminary two stakeholder meetings and an online survey in the fall.
We did 13 stakeholder focus groups, completed the online survey, and
went through the analysis in the winter.
And then we had two more public workshops. We did the
analysis of the drive time, and we looked at the operation. We looked
at the financing, which I've already presented to you, and the whole
issue of the beach parking, and we looked at some utilization for that.
So that's an overview of the technical analysis.
May 22, 2018
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I'd like to highlight we did touch 1,700 participants in the
program. It was very extensive in terms of going through that. And
then once you touch them, you need to summarize what they said, put
it in what we call themes, and hopefully make use of it where you're
not ignoring the participation.
And this was 10 things that we came out of those 1,700
interviews and all those public meetings that we heard as themes. And
this happened -- so these came up multiple times. Continue the 2011
plan and its efforts, which I think this 2018's going to really show that
we're doing that; maintain those existing assets; expand the park assets,
which we've shown you a major, major program for that.
They really were interested in the Blueways and the passive boat
-- expanding the passive boating. Again, the recreational programs.
The sports tourism partnership came up, and I've kind of alluded to
that. You really need to continue on solidifying that that is an asset
and how you're going to use it in the recreational program.
The beach access clearly came up multiple times and the
accessibility came up. The marketing and branding was, again, one of
those surprising things, which was kind of a low-lying fruit that we can
work on. And then there was an interest in evaluating the funding
opportunities. And if you look at the report when we did ask the
question, are you ready to spend a lot more and pay a lot more taxes,
we didn't get a large number of people saying we're really ready for
you to raise your taxes, and that's not uncommon at all in the process.
So that is the picture of the plan, what we went through, some of
the big items we did, what we found out about both your assets and
your programs and your maintenance, and that's putting quite a lengthy
report with a lot of details in hopefully a summary manner that gives
you at least a big picture of what we're doing.
With that, we'll open up to questions.
CHAIRMAN SOLIS: Commissioner Fiala, your light's on.
May 22, 2018
Page 102
COMMISSIONER FIALA: Yes, thank you.
I was wondering how -- we have three parks in East Naples, and I
was wondering how they stood up compared to the other parks.
Because I know that they're lacking a lot of things, and I was just
wondering if you were giving suggestions on particular parks as to
what you can -- our children here in this area are mostly poor children,
and they have no place to play but the parks, except that in the parks
we don't give them much to play on.
Like, for instance, East Naples Community Park; it's wonderful
that they have a community center, and they have a couple rooms in
there. And we have one soccer field, and we have a playground but, of
course, older kids can't play on the playground. We have nothing else
there for them.
They were going into the City of Naples for a while, but the City
of Naples was pretty upset about it because all of our kids were there,
and they said they were going to charge the kids. This was a few years
ago. And they were going to charge the kids for going in there. So
that didn't work out real well, but they've got a lot of good facilities
there.
And then we have two other parks. Well, one just has a
playground, and then the other -- the other one has a few things, but we
need some places where the kids could go inside and, whether it's play
games or, you know, have activities for older as well as younger, I was
just wondering if you've given us any recommendations. If you did, I'd
love to see them. Not now, but, you know, at some point in time.
MR. TINDALE: Okay. To be honest with you, we didn't do it
park by park, but I can tell you a general overview of what the data is
indicating.
COMMISSIONER FIALA: Oh, just a general overview.
MR. TINDALE: What we saw was that the active fields are over
utilized. I mean, you've got a demand that's exceeding your current
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capacity. And to me, the strategy to deal with that -- and it could be --
it could be your multi-use facilities, all the rest of them, but it's --
clearly, you have a tremendous demand, and we showed some
overutilization.
And to me there's two ways to deal with that. One is that the
regional parks you're building are going to have a lot of active
resources in them to deal with that issue, and so the regional park
program will help that; however, that's locational. It does a specific
thing. That's where we feel like, that of that whole program, you've
got to take that other, that million dollars a year, to go deal with
locational issues like you're bringing up.
So our recommendation is to put the strategy together, put the
major program together, for those big centerpieces, but then start
budgeting funds to deal with these locational things that you're
bringing up and actually allocate that as a group and a resource to start
targeting those specific issues.
COMMISSIONER FIALA: My point is, I just want to get --
these are kids that don't have playgrounds in their yard, and I'd like to
get them, especially in the summertime, off the streets and out of
harm's way in a more safe -- safe environment where they can actually
play and, you know, advance themselves. But right now there's not
much of anything to do in our parks.
Okay. If you ever have any suggestions, I'd love to get them.
MR. TINDALE: Okay.
COMMISSIONER FIALA: Okay.
CHAIRMAN SOLIS: Any other questions?
COMMISSIONER TAYLOR: Yes. Did you -- I noticed that on
page -- well, the parks -- the Collier County PRMP report, which I
think is your report -- so I'm looking on Page 22 and 23, and you do
talk about the CAT beach trolley ridership, but did you take into
calculation (sic) the number of hotels that are transporting folks to the
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beach, especially within the city? Also the ridership of the -- there is a
-- it's not a CAT, but it is a trolley that takes folks to the beach.
MR. TINDALE: To be honest with you, we looked at the general
access and the demand. As a matter of fact, I think we've done your
transit study for you, so I know I have a lot of data on the transit and
the utilization. We didn't go down to the level of trying to solve the
problem either parking or shuttling, and that needs to be part of the
study in terms of -- both those options in terms of the transit service
and bringing people to the beach versus, you know, building the
parking adjacent to the beach, and that needs to be part of that analysis.
COMMISSIONER TAYLOR: Yeah, okay.
MR. TINDALE: My general sense is that -- and, again, I did
parking programs too -- is that if you don't get some parking pretty
close to it, that the shuttling works to some level, but it's got to be a
combination of both.
COMMISSIONER TAYLOR: Good. Thank you.
CHAIRMAN SOLIS: If there's anything else? Public speakers?
MR. MILLER: Yes, sir. We have eight registered speakers for
this item. Your first speaker is Phil Brougham, and he will be
followed by James Bonds -- Boulds, sorry.
MR. BOULDS: That's quite all right.
MR. MILLER: And please be ready to use both microphones.
Thank you.
MR. BROUGHAM: Good afternoon, again. I'm Phil Brougham.
I'm the vice-chair of the Parks and Recreation Advisory Board.
And just a few words regarding this plan. I was on the parks
board in 2011 and reviewed that plan when it was issued and, quite
frankly, I had quite a few criticisms of that plan at that time because, in
my opinion, it didn't go deep enough into the demographics of this
county, the shifting demographics both in terms of age and in terms of
population.
May 22, 2018
Page 105
And I believe that with the current plan that you reviewed and
hopefully will adopt and take to the next step, they've done a
tremendous step forward. They have spent a lot of time with the
public to the extent we could get the public out. 1,700 is a good
number, but when you compare it to our population, it's kind of limp.
But in any case, I think the planning effort and the level of detail
and the effort put in to try and gauge what the citizens want in the
county was a big step forward.
I believe this plan still lacks in a couple areas, in my opinion. I
think that there's no question that our all-purpose fields are
overutilized. We're running out of land, and there's some short-term
solutions which are with the astro turf, or whatever they call it,
artificial turf, on some of these fields and so forth, but we've also got to
look at re-purposing some of these park acres, if you will, and
facilities, and I didn't see a lot of mention of that.
Because as this population ages -- and you'll see that referenced in
this document -- the needs of our population are going to change as
well, which you might have a tremendous need for toddlers today, as
they grow up, and as demonstrated by the demographics in terms of
aging, they're going to grow into Little Leaguers, and then they're
going to grow out of that and they're going to go into league soccer and
so forth, and then they're going to get older and retire. And we've got
to kind of get ahead of where that is. And that's one thing I need to
say.
The other thing I need to say is we need a funding source. And
you've heard this from me before. We need a consistent funding
source dedicated to capital repair and maintenance. We've got a
tremendous asset that is getting as old as we all are, and we need to
recognize we might have to go in there and tear down a few buildings
and rebuild them or do some significant renovation. There's no money
for that.
May 22, 2018
Page 106
Thank you.
MR. MILLER: Your next speaker is James Boulds. He'll be
followed by Jim McDonough.
MR. BOULDS: Thank you. Appreciate the chance to give you a
view of one of the things of the park plan.
I'm a member and an owner in the Seagate subdivision where
Clam Pass Park is adjacent to. We have had numerous discussions
amongst ourselves about the different problems we have with the
question of putting a parking garage there.
There is a lot of different things that have come up. One of the
things is the traffic, and it's not -- and there is, with traffic, the
congestion that we have on Seagate Drive and that, but we also have
the noise. We also -- if we're putting a building in, we are going to
have a problem with, you know, a parking garage that is adjacent to
owners who have been there for a considerable amount of time, and
this is going to take away from their ability to enjoy their place of
home -- their homes.
We don't object to people coming to the beach. We know that
there's a traffic problem. We know that you want to get people to the
beach.
I have come up with, I think -- we've discussed different
alternatives. One of them is shuttling people in from off site. Another
one is using other alternate transportation, of improving the areas of
getting bikes to come in, of getting golf carts to come in on the things,
and to use this thing of the shuttle to get people in, as Commissioner
Taylor has talked about, that there are some of the -- hotels are
shuttling people in. There is a shuttle that runs from the city out there
that drops people off.
We have a concern with the excess of traffic, although right now
Clam Pass Park does have parking. And, you know, talking about the
shuttle, does -- as the gentleman said, the shuttle does slow down some
May 22, 2018
Page 107
of the improvements or increase of people in the things, but the shuttle
could be used because there's already parking there of a 100 places or
something. Shuttle for high times use to a remote parking area would
be one of the alternatives of things.
The other thing is, an alternate -- alternative, since the city has so
much that they've done with putting in parking along the thing for their
beach assess to every street that parallels east/west that goes to the
beach, that the county could talk with the city about maybe helping
improve access down that portion of the beach as well as improving it
up the way, up towards the Clam Pass Park and up Vanderbilt Beach
and up to Wiggins Pass.
People come to the beach for a few days. We're not -- we don't
want to disrupt their lifestyles, but we want them -- people to come to
the beach and enjoy it, but we want there to be a place where there is
not vehicle noise, where there's traffic, the smell, and stop the runoff.
People that live there have to put up with this every day.
CHAIRMAN SOLIS: Thank you.
MR. BOULDS: Not just temporarily.
MR. MILLER: Your next speaker is Jim McDonough. He will
be followed by Sue Black.
MS. BLACK: Jim's gone.
MR. MILLER: Okay. Sue will be your next speaker. She will
be followed by Joanne Smallwood.
MS. BLACK: Afternoon. Thanks, Commissioners. I am, first
and foremost, a parent. I'm a driver, I'm a resident of Naples, and I'm a
member of Seagate community.
I have been at Seagate now for close to 16 years. I used to bike
my children to school, and I bike them via Seagate Drive and came
back. And I can tell you, if you are going to put a parking garage on
Seagate Drive, you are going to have to worry about the safety of the
Seagate children, you're going to have to worry about the safety of the
May 22, 2018
Page 108
ingress and egress or -- did I get that right? Or Seagate -- St. Williams
Church Sunday morning as beachgoers are coming to the beach, as St.
Williams is dispersing. They already have traffic -- police officers
directing traffic.
There's two lanes going west and two lanes going east. Some are
county. One side of the road is county roads. The other is city roads.
My husband has been hit by a car on the corner of Crayton and
Seagate. There are bikers that come from Pelican Bay that drive
through Seagate Drive.
It is a major concern, and I'm glad that they are addressing the
traffic. I think in the focus workshop that was conducted, one of the
workshops I believe there were 58 in attendance. To me, 1,700 people
as well as 58 in this workshop is not a general consensus of Collier
County. We have so many more people that can address this issue.
And, Donna, you mentioned safety for the children at parks.
Think about the safety of the 800 children at Seagate park -- or Seagate
school. That is a tremendous overload of having that parking garage
there with all those cars, the additional vehicles, the traffic. And, like I
said, my husband was hit by a car on Crayton and Seagate Drive.
So I hope you consider not approving this parks and rec plan with
the Seagate Beach Club parking lot in it. So, thank you.
MR. MILLER: Your next speaker is Joanne Smallwood. She's
been ceded additional time from Rita Davidson.
Ms. Davidson, can you acknowledge you're here.
(Raises hand.)
MR. MILLER: And from Helen Ashley.
(Raises hand.)
MR. MILLER: So Helen Ashley is present.
Ms. Smallwood will have six minutes.
MS. SMALLWOOD: Thank you. Thank you for allowing me to
speak.
May 22, 2018
Page 109
As you said, I'm Joanne Smallwood. I've been a resident in
Naples since 1970, and I was a principal of Smallwood Design Group
for 33 years. I was also -- my firm was also the landscape architecture
firm for the initial Registry Resort, and I'm now principal of
Smallwood Design.
So I would like to -- first I noticed in the presentation we just
heard -- I was pleased to hear them say that they're talking about
addressing and respecting neighborhoods and environment. Well, I
think that's the key of my focus here.
So I'd like to talk a little bit about some important history that
leads up to this. We all shared an interest in preserving and protecting
what makes Naples and Collier County special. In 1985, the Naples
Chamber of Commerce requested of me to provide ways to improve
the quality of life in a fast-growing community. The objective:
Restore the missing balance between the built environment and the
natural environment.
Our beaches were serene and beautiful. U.S. 41 was not. When
the balance is gone, people are not comfortable being there.
A community was -- a committee was developed that included the
City of Naples, Collier County, WCI, Lutgert Companies, Collier
Enterprises, and Smallwood Design Group. Community leaders were
invited to a PowerPoint presentation to show what a balanced
community looked like. They immediately were on board after that.
Then plans were developed and implemented to restore the
missing balance of the natural environment on U.S. 41 from Coastland
Mall to Pelican Bay. Naples Scape was born and expanded into the
county to become Collier Naples Scape. Donna remembers very well
her lengthy involvement in that process.
Naples Scape partnered with the City of Naples when the mayor
then, Mayor Ned Putzell, created a campaign to keep Naples green.
The First Ladies' Environmental Improvement Award was given by
May 22, 2018
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First Lady Barbara Bush at the White House to Collier Naples Scape.
Collier County manager at the time, Neil Dorrill, and I accepted the
award.
A public-private partnering effort ensued with private capital
contributions for the environmental improvements which were ensured
to be sustained by Collier County's agreement to provide maintenance
into perpetuity.
A total community involvement ensued with hundreds of
Naples/Collier County private entities donating money to ensure its
success, and everyone wanted to put on it their stamp of approval.
This is proof that the residents of Naples and Collier County value
creating, balancing, and maintaining our unique environment.
For the next 13 years, I continued to be involved until a
streetscape master plan with 134 miles of buildout was ratified and
codified by Collier County. People consistently say the number-one
reason they visit Naples/Collier County and choose to live here is that
it is beautiful, environmentally special, and not urban.
This proposal for a multi-story parking garage at Clam Pass Park
does not integrate with the local nature of the community and the
limitations of Clam Pass Park. What will people say and do if this
proposed parking garage is built and we have destroyed the existing
delicate balance of an environmentally sensitive limited-space facility
that was created as a special experience for a unique mixture of
patrons, including luxury hotel guests, when it is severely overcrowded
five to six months of the year?
The system carrying capacity is already overloaded during
season, plus, when the beach has not been restored -- we know that it
just was, but when it has not been restored and it is high tide, there is
no beach. I walk there all the time. I climb under the structures, which
is unsafe, to get down to Clam Pass.
Where are the people supposed to sit? Who can enjoy a unique
May 22, 2018
Page 111
Clam Pass Park beachside experience when there are excessive
crowded conditions of the beach, the food service area, and the very
limited capacity overutilized beach restrooms? I don't know if you've
ever seen them, but it's a disaster during season.
So please read the initial promise in the PUD that clarifies this
unique environmental park is intended to not be like any other park
and much more than a beach access due to the required harmony of the
whole environmentally sensitive mangrove territory. What do many
visitors do when they stroll along the beach and see the effects of red
tide algae blooms that cause dead fish and dead turtles to cover the
beach? They start coughing, sneezing, their eyes water and itch, and
they're forced to quickly leave the beach.
So my closing comment to you is: Rather than spend $9 million
on a parking garage, please find other solutions, because the parking
garage destroys our unique environmental balance. Why not
contribute to the comprehensive Everglades Restoration Plan to
prevent the harmful discharges into the Caloosahatchee River causing
the toxic algae that contributes to littering our beach with dead fish?
I'd like to conclude with this last comment. You may recall a song
called the Big Yellow Taxi by Joni Mitch, and she says it best: "They
paved paradise and put up a parking lot with a garage. Don't it always
seem to go that you don't know what you've got till it's gone? But
leave me the shorebirds, please. Don't it always seem to go that you
don't know that you've got until it's gone.
Thank you very much.
MR. MILLER: Your next speaker is Rita Davidson.
UNIDENTIFIED SPEAKER: She's not here.
MR. MILLER: Brett Cohan, and he will be followed by Bruce
Conley.
MR. COHAN: Good afternoon, Commissioners, Brett Cohan.
I'm a community association manager in Naples Cay. Naples Cay is at
May 22, 2018
Page 112
the end of Seagate Drive just south of Clam Pass Park, and we have
just under 300 units.
There's not much more I can add to what's already been said by
our neighbors from Seagate and Park Shore and the Gulf Shore
associations. We are very much opposed to additional parking
structures in Clam Pass Park. And I just want to, again, put that down
for the record.
And they've said it much better than what I could have said, and I
can't top what Ms. Smallwood just said as well. So thank you so
much.
MR. MILLER: Your next and final speaker is Bruce Conley.
MR. CONLEY: Yes. I'm -- can you hear me, yes. I'm a little
hoarse at this point.
I am Bruce Conley, and I am the president of the Seagate
Property Owners Association.
And my message is consistent with all of the other messages. The
bottom line, though, is we are not opposed to more beach access. We
are opposed to these horrid garages on top of and next to the houses.
Some of the houses have been, as mentioned, inhabited for many
years.
In fact, you could call the community a historic community in that
it qualifies in terms of its length to be considered an historic
community. So with your blessing, I'll refer to it as the historical
Seagate.
Anyway, I hope that you take to heart what was shared here
today. It isn't about trying to keep people out, but it is about, from my
standpoint, trying to keep a neighborhood and community together.
And I thank you, and I wish you the best. It's been a long day.
COMMISSIONER McDANIEL: We're not done.
MR. CONLEY: Yeah. I hope you didn't include me in the "we."
MR. MILLER: And that was your final speaker.
May 22, 2018
Page 113
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. It's ironic that we had --
several speakers came and spoke with us, because one of the notes that
I had when I was reviewing the report that Oliver Tindale did for us
was the continued reiteration about the funding source for the Seagate
garage moving into this plan.
And a concern that I raised with our County Manager yesterday
was by stipulating the garage within the parks plan, that it would be
governmental creep, that we've inserted a plan for funding and,
therefore, then the parking garage is imminently coming forward.
I would like to know, when can we vote on this or when will we
vote on this, County Manager, and be able to put this to bed one way
or the other?
MR. OCHS: Well, Commissioner, I will tell you that probably
your first opportunity as a board is when you review the budget next
month. There's a relatively small allocation of money proposed in that
budget to do a feasibility review of that parking lot and the addition of
a parking structure there. If the Board doesn't fund that study, I guess
we don't move forward. But that would be the first opportunity.
And in terms of a funding stream, there's been a funding stream
for beach park facilities long established, as you well know, in your
tourist development suite of funds, and that one would fund not only
this type of improvement, but any other beach park facility
improvements in your system.
COMMISSIONER McDANIEL: Okay. Well, I just -- you
know, I know Commissioner Taylor's brought it up a couple of times,
and I have expressed my discontent with that parking garage, and I just
-- I would like to be able to have the vote on it and get --
MR. OCHS: Yeah. We don't have any specific time frame in
mind. Obviously, a lot of that would be driven by what the results of
the feasibility and design criteria review study would tell us, and then
May 22, 2018
Page 114
we would, you know, present those results to the Board and seek some
direction at that time.
I would anticipate, if we are allowed to go forward with that
review, then sometime in the next fiscal year we would bring forward
those results and ask for some further direction on whether or not you
would want to proceed.
COMMISSIONER McDANIEL: Okay. So --
CHAIRMAN SOLIS: Go ahead.
COMMISSIONER McDANIEL: -- with that, I'd just like to
make a motion that we accept staff's recommendation on our executive
summary and accept the park's plan.
And I want to give -- I would like to commend staff for a very,
very informative report. I was party to some of their public outreach
when they were doing it over in Immokalee, and there was quite a bit
of engagement, so...
COMMISSIONER FIALA: Second your motion. Second the
motion.
CHAIRMAN SOLIS: There's a motion and a second. Any other
discussion?
Commissioner Taylor, your light's on.
COMMISSIONER TAYLOR: Oh, yes, yes. I'd like to hand this
out. And I think before we go adding anything to the budget for any
kind of review, if we could put that on the visualizer, please.
This is from a BCC meeting of November the 26th, 1986, and it
clearly states that any other uses that and rather than -- any other uses
than a parking lot, that the -- shall cause the parcel to be reverted to the
grantor.
So I think -- I don't see why we need to expend any kind of
money at this point until we get this all cleared up, including the
setbacks. I mean, it's a minor amount when you think about our
budget, but it's still $200,000.
May 22, 2018
Page 115
MR. OCHS: Yes, ma'am. I mean, this is the same language that
has been in place for years. It was in place before the Board built the
parking structure on Vanderbilt Beach Road governed by the same
restrictive deeds and covenants.
So part of the feasibility review that I referred to just earlier
would include a sit-down with the Pelican Bay Foundation, who holds
the deed restrictions and covenants to that 400 acres, and we would
have to sit down and see what terms and conditions they might attach
to any parking structure on that parking lot.
COMMISSIONER TAYLOR: So what are we spending money
on?
MR. OCHS: To do a concept design, show you some renderings
of what it would look like in terms of the size and the setbacks and
views from neighborhoods and the waterway, try to get it -- and then,
of course, refine the cost estimates.
CHAIRMAN SOLIS: And I'm assuming if -- again, just that the
review would also include an analysis of all of the permitting hurdles
and, obviously, approvals that we would acquire from -- that we would
have to get from the Foundation.
MR. OCHS: Absolutely, yes, sir.
COMMISSIONER McDANIEL: And the proposition is
$200,000?
MR. OCHS: I believe that's the figure, yes, sir.
MR. WILLIAMS: That's correct, yes, sir.
COMMISSIONER McDANIEL: And we're going to actually get
to vote on that during the budget process, so for right now --
COMMISSIONER TAYLOR: Right.
COMMISSIONER McDANIEL: -- that's --
CHAIRMAN SOLIS: I mean, this is just --
COMMISSIONER McDANIEL: This is the parks --
CHAIRMAN SOLIS: -- feasibility.
May 22, 2018
Page 116
COMMISSIONER McDANIEL: This is the park's thing, then
we'll vote on the feasibility study during the budget process; just
delineated this expense in here.
COMMISSIONER TAYLOR: No. I needed to understand what
we're spending money on when the setback issue is probably the issue.
And I know we've plowed through before, I mean, in the north part of
the Pelican Bay, but I'm not so sure it's going to be so easy plowing
this time.
I also would like to request that part of your analysis will be to
interview and tabulate all the hotels that bring their folks to the beach
at Clam Pass. Right now 100 --
COMMISSIONER McDANIEL: Can we vote on that when we
go to the -- during the budget?
COMMISSIONER TAYLOR: But I need it prepared as part of
that.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER TAYLOR: Right now the Hilton carries 180
people, and that's very average every month to the beach, the Hilton,
and that's only one of eight hotels in that area.
MR. OCHS: So what do you want me to do?
COMMISSIONER TAYLOR: Get a -- find out from the hotels
how many people every month they take to the beach as part of the --
as part of the analysis.
MR. WILLIAMS: Mr. Chair, if I may -- and I think
Commissioner McDaniel has the idea in terms of if you approve this
master plan, this gives us that guidance.
COMMISSIONER TAYLOR: I know that. I'm quite aware of
that.
MR. WILLIAMS: So as we bring the item forward in terms of
the Board consideration of the budget, we can have that data for you in
terms of the hotels.
May 22, 2018
Page 117
COMMISSIONER TAYLOR: Thank you.
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER McDANIEL: And, Commissioner Taylor,
just -- this is the plan, then they come forward with their budget
proposal --
COMMISSIONER TAYLOR: I understand that.
COMMISSIONER McDANIEL: -- and then we give -- if we
pass the $200,000 expenditure, then we give specificity on how they
spend it.
COMMISSIONER TAYLOR: Well, you know, forgive me for
my anxiety right now, but I was at that blue dot meeting of the parks
up in North Collier --
COMMISSIONER McDANIEL: I heard.
COMMISSIONER TAYLOR: -- and I saw that there were no
blue dots, no blue dots on the Clam Pass parking garage and no blue
dots on the boardwalk. And the boardwalk was still in the plan despite
the direction of this commission, and I brought it up at the last
meeting. So I find it fascinating, as there was no support. I don't know
where this is coming from. Thank you.
MR. OCHS: No support, ma'am, for?
COMMISSIONER TAYLOR: For the garage. There were no
blue dots. No one -- it was -- there was nothing on the board, at least
when I was there, and I was there towards the end.
UNIDENTIFIED SPEAKER: I have pictures on my phone.
COMMISSIONER TAYLOR: Nothing on the board.
MR. OCHS: Commissioners, let's also recall -- and not to be
argumentative, but we went through a protracted negotiation with the
city about an interlocal agreement on beach parking, and at the
conclusion of that, several of the board members said, well, despite the
outcome, it's clear that we've got a parking-capacity problem, and the
city is pointing their finger at us saying you need to do more to
May 22, 2018
Page 118
accommodate the growing population in the unincorporated areas, and
you need to find some more parking.
And I think it was Commissioner Saunders that said -- you know,
and the rest of you I didn't think disagreed -- said, I'm going to be
looking for those recommendations from the staff, you know, in short
order after this interlocal agreement was completed.
CHAIRMAN SOLIS: And I would just say that, clearly, there's
going to be a lot of hurdles and a lot of issues, and I think -- I'm
hopeful that the study will shed light on exactly what those are and
maybe even help us if it doesn't come to pass, because there's a lot of
hurdles coming to pass, not the least of which is the Foundation and
the neighbors, that we might learn something important from the
analysis, and that might help us in the future.
Again, it's got a lot of legs on it, and I think it's -- looking at the
analysis, I think, would be helpful for me, anyway, even if it just helps
us improve what's already there.
So, Commissioner Fiala, you were first.
COMMISSIONER FIALA: Thank you. Yeah, I was just going
to say, we've been long, for many, many years, dependent upon
tourism dollars to come in. And the biggest asset to tourism is our
beaches, but the people have to be able to get to the beaches in order
for that asset to pay for us and, of course, that also keeps our taxes
lower. So we have to think about all areas.
I mean, I'd be happy to build one in East Naples except we don't
have any water, so that doesn't help us any. But I don't know -- I don't
know what to do with this. I just remember with the Vanderbilt Beach
park -- rather, I'm sorry, parking garage, my goodness, there was so
much opposition to that. Oh, gosh, they came from everywhere, and it
passed anyway, oh, much to their anger and so forth. And after we
built it and it was such a beautiful structure -- well, I went out there
once. I just wanted to see it for myself, but I couldn't find it but here
May 22, 2018
Page 119
were all these trees and everything around it. It was just kind of
hidden in between all this foliage, so I didn't even realize it was there.
But, anyway, we never hear any complaints. I think it's actually
been an asset, because now all of those cars that are parked in the
garage are not parked on the street, parked in their yards, parked in
areas that make it inconvenient for other people to get around. So they
found some assets to it after all.
I think it's going to have to be analyzed. It's going to have to be
looked at. And we have to look at it in many ways, especially because
it's going to reflect on our tourism, because our tourism is going to
continue to grow. And more people want to build hotels. Even the
ones that we have are upgrading them, improving them. Look what
the J.W. Marriott's doing.
And so we have to take all of this into consideration as we are
concerned with it. But I think that's for another day when our budget
comes before us.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. And, you know, it's ironic
that you brought up the Vanderbilt parking garage, Commissioner
Fiala, because I was watching all that when that was all going down
and saw how much -- how contentious of an item, in fact, that was.
And it's certainly a matter of opinion as to whether or not it turned out
okay or not. You're not incorrect in the necessity for us to have to
support our tourism in what we do.
I just would like to caution my colleagues that we -- as we move
through the budget process, that we are very specific with how we --
how we give direction to staff to delineate this study if, in fact, we go
forward with the study and whether or not the premonition or the
direction from the Board is to, in fact, develop this parking garage, or
is it to, in fact, do a study with regard to how we manage the parking
circumstances.
May 22, 2018
Page 120
Because perception is everything. If staff perceives us to be
giving direction to do a study and develop plans for a parking garage,
that's what they going to do. But if we're looking to determine whether
or not there really is a need of parking, which was thought to be the
case when the city came to us with their new agreement, and how we,
in fact, manage that theoretical overload on the parking, I think that's
where we can actually control this item or have a little bit more of a
say-so, so...
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: And just to follow up on your
comments, I think that's very important. Are we looking at beach
parking? Are we looking at beach access?
MR. OCHS: Both.
COMMISSIONER TAYLOR: And if we're looking at beach
access, how do we distribute the future populations throughout our
beaches?
And it cannot always be building parking garages, and also to
incorporate the 21st century technology into our thinking rather than
the 20th century, which has a lot more to do with Lyft and Uber.
And to my colleague, Commissioner Fiala, I can assure you that
the Seagate Beach is doing more than most beaches for tourism
because of the number of buses from the different hotels that take the
beachgoers to that one beach at Seagate.
COMMISSIONER FIALA: I don't know any of that. I don't
know what hotels are there --
COMMISSIONER TAYLOR: Well, I can tell you that -- and
you can talk with Mr. Hilton or Mr. -- yeah, Clark Hill -- 180 -- 198
people a month are transported from his hotel to the beach, and that's
just one.
COMMISSIONER FIALA: And he's on the tourism committee.
He would know what is needed. But, of course, they don't have their
May 22, 2018
Page 121
cars here, do they?
COMMISSIONER McDANIEL: Make sure you stay up to the
microphone because people are listening.
COMMISSIONER FIALA: But they don't have their cars here,
so they would have to be transported.
COMMISSIONER TAYLOR: I know.
COMMISSIONER FIALA: Just mentioning.
CHAIRMAN SOLIS: Very good. There's a motion and a second
to approve the plan as it is right now. 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: The plan's approved. Thank you.
MR. WILLIAMS: Thank you, Commissioners.
MR. OCHS: Thank you, Commissioners.
Item #10A
RESOLUTION 2018-96: RECOMMENDATION TO APPOINT
TWO COMMISSIONERS AS REGULAR MEMBERS, AND
THREE COMMISSIONERS AS ALTERNATE MEMBERS, FOR A
ONE-YEAR PERIOD ON THE VALUE ADJUSTMENT BOARD
(VAB) – RE-APPOINTING COMMISSIONER SOLIS AND
COMMISSIONER SAUNDERS AS REGULAR MEMBERS WITH
COMMISSIONER FIALA, COMMISSIONER TAYLOR AND
COMMISSIONER MCDANIEL AS ALTERNATIVES – ADOPTED
May 22, 2018
Page 122
That takes us to Item 10A. This is a recommendation to appoint
two commissioners as regular board members and three commissioners
as alternate members for a one-year period on the Value Adjustment
Board. Take two steps forward.
CHAIRMAN SOLIS: Nobody jump up too quickly.
COMMISSIONER FIALA: Well, you know, I'd be happy to
have --
COMMISSIONER TAYLOR: I'd like to nominate
Commissioner Solis.
CHAIRMAN SOLIS: No. I was the chair last year. I don't know
that that's --
COMMISSIONER TAYLOR: We don't change every year.
CHAIRMAN SOLIS: -- an option.
COMMISSIONER FIALA: I'd be happy to help out on this. The
only time I can't do it is August 6th. If somebody -- can we change, so
like, say, somebody's going to be here August 6th, they could do it, and
then I could fill in the October meeting or from there on in?
COMMISSIONER SAUNDERS: I have no problem staying on
it, so...
COMMISSIONER McDANIEL: Is the issue for this --
CHAIRMAN SOLIS: You would say that, wouldn't you?
COMMISSIONER McDANIEL: Are we up for a
reappointment? Excuse me. I didn't mean to be -- I just butted in.
Forgive me. What'd you say?
CHAIRMAN SOLIS: I was just giving him a hard time for
having volunteered to stay on it.
COMMISSIONER McDANIEL: Oh, okay. I mean, are we up
for reappointments on this particular board, and that's what we're
doing?
COMMISSIONER FIALA: Every year.
MR. OCHS: Yes, sir, annually.
May 22, 2018
Page 123
COMMISSIONER McDANIEL: I thought we did that at the
beginning of the year when we did all of our -- no, we didn't do this
one, obviously. Okay.
MR. OCHS: No.
COMMISSIONER McDANIEL: Well, I'll make a motion --
MR. OCHS: That doesn't mean you have to change, but every
year you give yourselves the opportunity to reappoint.
COMMISSIONER McDANIEL: I'll make a motion that we
leave those on there on there. Second that.
COMMISSIONER FIALA: Second.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Quickly.
CHAIRMAN SOLIS: Any opposed?
Aye.
COMMISSIONER TAYLOR: And we're all alternates.
COMMISSIONER McDANIEL: Yes.
CHAIRMAN SOLIS: We're all alternates?
COMMISSIONER TAYLOR: We're all alternates, yes.
CHAIRMAN SOLIS: I wasn't clear on that part of it then.
COMMISSIONER TAYLOR: Yes, we're all alternates.
COMMISSIONER McDANIEL: If you get sideways, just let us
know.
MR. OCHS: Does that make it unanimous, Mr. Chairman?
CHAIRMAN SOLIS: Yes, that makes it unanimous.
COMMISSIONER McDANIEL: Oh, you didn't vote on that?
CHAIRMAN SOLIS: That makes it better. Okay. Very good.
May 22, 2018
Page 124
Moving on.
Item #11B
RECOMMENDATION TO AUTHORIZE SINGLE-SOURCE
WAIVERS FOR AIRBUS AND METRO AVIATION FOR A ONE-
TIME PURCHASE OF AN AIRBUS HELICOPTER EQUIPPED
WITH MEDICAL INTERIOR FOR THE EMS PROGRAM TO
REPLACE THE CURRENT 1999 AIRBUS EC 135T1
HELICOPTER AND TO NEGOTIATE A CONTRACT FOR FINAL
PRICING, SUBJECT TO BOARD APPROVAL – APPROVED
MR. OCHS: Moving on to 11B. This is a recommendation to
authorize a Single-Source Waivers for Airbus and Metro Aviation for a
one-time purchase of an Airbus helicopter for our EMS Medevac
system.
Chief Butcher can make the presentation or answer questions
from the Board, whichever you prefer.
CHAIRMAN SOLIS: Do you want to make a motion?
COMMISSIONER FIALA: You know what -- yes, I'm going to
make a motion.
I went down -- I don't know if any of you have been down to see
the helicopter, the MedFlight, and they have to squish them in because
it's so small inside that they can barely fit in. And how they ever get
two in -- they're supposed to be able to handle two, plus, of course, the
person servicing the other people, plus the observer, plus the pilot and
the copilot. I don't know how they ever get it into the teeny, little
airplane, but we are desperately in need of this one.
And I talk with Leo all the time. After I saw it and you guys took
me around, I said, we've got to have this and do this quickly. And the
County Manager said, we're starting to put money away for it right
May 22, 2018
Page 125
now. So here it is before us, and I make a motion to approve.
COMMISSIONER TAYLOR: Second.
COMMISSIONER McDANIEL: Second -- third.
CHAIRMAN SOLIS: 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.
CHIEF BUTCHER: Thank you very much.
CHAIRMAN SOLIS: Congratulations.
CHIEF BUTCHER: That was way easier than I thought it was
going to be.
COMMISSIONER McDANIEL: And my light was on, by the
way, just so you know.
CHAIRMAN SOLIS: I'm sorry. Did you want to say
something?
COMMISSIONER McDANIEL: Well, I did. I just wanted to
say that I was glad you-all stayed here for the helicopter vote and
weren't here because you were mad about the other one.
CHIEF BUTCHER: No. Commissioners, as you can see, you do
have the support of your flight team, and we greatly appreciate that
motion, and we look forward to bringing this back to you once we
negotiate a contract.
CHAIRMAN SOLIS: Thank you.
COMMISSIONER McDANIEL: Thank you.
May 22, 2018
Page 126
Item #9D – Discussed; Continued to later in Meeting
RECOMMENDATION TO APPROVE AN ORDINANCE
AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE
OF LAWS AND ORDINANCES, WHICH IS THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, TO
PROVIDE FOR AN AMENDMENT TO SECTION 74-401 TO
ENCOURAGE THE DEVELOPMENT OF AFFORDABLE
RENTAL HOUSING BY ALLOWING THE BOARD, ON A CASE-
BY- CASE BASIS, TO ALLOW RENTAL IMPACT FEE
DEFERRALS IN EXCESS OF THE ANNUAL ALLOTMENT OF
225, TO ALLOW RENTAL IMPACT FEE DEFERRALS OF
GREATER THAN TEN (10) YEARS AND TO EXTEND THE
AFFORDABILITY TERM OF PARTICIPATING RENTAL
DEVELOPMENTS FROM 15 TO 30 YEARS
MR. OCHS: Commissioners, I'm jumping back now to Item 9D,
which was previously Item 17C on your summary agenda, and this
was moved forward at Commissioner Fiala's request this morning.
This is a recommendation to approve an amendment to your
consolidated impact fee ordinance to encourage development of
affordable rental housing by --
COMMISSIONER FIALA: That's 7 -- oh, okay. Yeah, you
moved 7C (sic) off into this one?
MR. OCHS: 17C from your summary now is under advertised
public hearings.
So this was a follow-on from the Board's action taken on April
28th. And I'll ask Ms. Patterson -- Commissioner, do you have
specific questions, or would you like a staff presentation?
COMMISSIONER FIALA: Yeah, I had a couple questions on it.
All I have to do is get my questions in front of me.
May 22, 2018
Page 127
COMMISSIONER SAUNDERS: I think all of those deferrals
are going to be in East Naples.
COMMISSIONER FIALA: Pardon me?
COMMISSIONER SAUNDERS: All of those deferrals are going
to be in East Naples.
COMMISSIONER FIALA: I think so, yeah.
COMMISSIONER TAYLOR: Yeah, but which part of East
Naples; District 4 or District 1?
COMMISSIONER McDANIEL: I thought I was the only
troublemaker.
COMMISSIONER FIALA: He did a good job.
COMMISSIONER McDANIEL: Yes, he did. That was a good
one.
COMMISSIONER FIALA: Yeah. I was just wondering, number
one -- I'm sorry that I'm so discombobulated.
COMMISSIONER McDANIEL: If you'd just let me help you,
you'd be all right.
COMMISSIONER FIALA: So one of the questions I had -- I
would have just called you -- had I known I could just ask you, I would
have just done that.
MS. PATTERSON: No problem.
COMMISSIONER FIALA: Okay. The Board accepted the CHP
back when, and now -- I didn't realize if accepted -- and I asked this
about Leo, so I guess that's what I'm asking you about, too.
They accepted the CHP, but now it says here initiating the
implementation. And I just wanted to know if "accepted" and
"approved" mean the same thing, or do you -- just accept means you
do move forward with efforts even though it hasn't been approved or
what?
MR. OCHS: Commissioner, with respect to the Community
Housing Plan, the Board accepted the plan in general with the proviso
May 22, 2018
Page 128
that we come back with the individual recommendations in a series of
visits to the Board. We've been doing that routinely here over the last
few months.
We brought a first set of six recommendations. The Board voted
individually on each one of those. Then in -- April 28th we brought
another group back. One of those that was specifically approved by
the Board was the resolution to make this change to your impact-fee
ordinance. That's why it's now on your agenda for board action.
COMMISSIONER FIALA: I'm so sorry. I'm not prepared at all.
I had preparation early on in the meeting, but so much has gone on, I'm
not as prepared as I was back then. I might have to bring it back again.
MR. OCHS: Well, Commissioner, we can do some other items if
you'd prefer and then come back to this later in the meeting. Would
that be helpful for you?
COMMISSIONER FIALA: Yeah, that would be great, because I
can go through my notes then, yeah.
MS. PATTERSON: No problem.
COMMISSIONER FIALA: One of the things I wanted to talk
just a little bit about is that -- for the 10 years, and now we're extending
it to 30 years. And I'm wondering what condition these places will be
like in 30 years, and is that a smart move for us to make, and what is
the reason that we would have to do that?
MR. OCHS: Would you like us to continue with this item now?
COMMISSIONER FIALA: You can handle that, if you would
like, yeah, and then I'll get the rest of my questions.
MS. PATTERSON: No problem.
Amy Patterson, for the record, director of Capital Project
Planning Impact Fees and Program Management.
So there's a couple of different things that are happening with this
change to the consolidated impact-fee ordinance. And so the reference
to the 10 years for the rental deferral program remains in place. It's
May 22, 2018
Page 129
been in place for a number of years. But what this amendment does is
it allows, on a case-by-case basis, if a developer of affordable housing
were to come in and need a longer deferral term, or if they wanted to
have more units than is allowed, there's a 225-unit-per-year cap.
If they, for some reason, wanted to ask for additional units, they
would have to -- number one, we would have to figure out what they
were asking for and the methodology by which we would be
administering that, some financial items and things like that, and it
would come before the Board for a vote. So that's the 10-year piece;
otherwise, 10 years remains in place as the term of the deferral.
The 30 years you're talking about is the affordability piece, which
I will turn to Cormac to explain what that means. So there's two time
periods different -- that are going on here. One has to do with the term
of the deferral, and one has to do with how long it has to remain
affordable.
So let me let Cormac talk to you about that part.
MR. GIBLIN: Thanks, Amy.
Cormac Giblin, your Housing and Grant Development manager.
And she summed it up pretty much. The change from 15 to 30
years is in relation to the affordability period, which is how long those
units need to remain rented as affordable, essentially keeping them on
the hook longer.
COMMISSIONER FIALA: Okay. So, in other words, you're
saying that the rent for these affordable housing units still stays the
same. Are they still required to -- because that gets to be pretty old.
Are they going to still maintain them to a point where people will want
to even rent them?
MR. GIBLIN: They would be held to the same property
standards as everything else in our codes.
COMMISSIONER FIALA: Okay. There was another question
here, too, and it's on a completely different subject. I'm going to come
May 22, 2018
Page 130
back to that anyway. But there was something on here where we were
giving impact fee -- well, relieving them of any impact fees because
they've taken their 15 years, but then we pay it out of taxpayer dollars
instead. We pay back that impact fees.
But then they were talking somewhere in that whole thing -- I'm
sorry, but it's located in here. One subject was where they were going
to sell these houses then that they've -- they were all in Naples Manor,
and one was for $52,500 for I don't know how many, and then the next
one was for $46,000 for the house.
I'm wondering what shape are they in? Do they go in and fix
those places up? Are they -- I don't know what -- who would buy a
house for $46,000? And would they expect it to be looking nice, or do
they just get it in whatever form it's left in?
MR. OCHS: Commissioner, I believe you're referring to Item
16D4 on the agenda this morning.
COMMISSIONER FIALA: There were two of them, one in a
row of the other.
MR. OCHS: Yeah. I believe there was three properties that we
had recommended a release of a lien because they had satisfied the
15-year affordability requirement.
COMMISSIONER FIALA: They were selling them to them for
46,000.
COMMISSIONER TAYLOR: That's where it is. That's where it
is. Because I see Naples Manor, release of lien.
MR. GIBLIN: Yeah, Commissioner, those were -- that was an
item on your consent agenda this morning.
COMMISSIONER FIALA: Right.
MR. GIBLIN: It related to three properties in Naples Manor who
had met their 15-year affordability period and, as such, were brought to
you for the release of lien having met their obligations.
COMMISSIONER FIALA: Two of them -- two things right in a
May 22, 2018
Page 131
row said they were buying them, right, for 52,000 and 46,000? No?
MR. GIBLIN: No.
COMMISSIONER FIALA: Oh, okay, fine. So -- okay. Then
what were those subjects? What numbers were they? I'm sorry. I've
forgotten.
MR. OCHS: 16D4 was what we just talked about. 16D5, it was
an item that you approved this morning to release nine mortgage
satisfactions from your SHIP program.
COMMISSIONER FIALA: Yeah.
MR. OCHS: I don't know if that was the question, ma'am.
COMMISSIONER FIALA: That wasn't it. I'm sorry. I'll have to
go back. I'll just have to bring it up at another time. I meant to pull
those two just to ask about it. It's a simple question. I just want to
know if you go in and clean them all up.
COMMISSIONER TAYLOR: What's the procedure then, if -- do
you have any -- does the county have any skin in the game except to
allow the impact-fee waiver?
MR. GIBLIN: Both of these items relate to old impact-fee
deferrals that were given in excess of 15 years ago.
COMMISSIONER FIALA: Okay.
MR. GIBLIN: What we're doing now is going back and releasing
those liens because the period has expired.
COMMISSIONER FIALA: And maybe that's where my
confusion lies.
In 16D4 it says that the purchasers of three houses to be built in
Naples Manor -- purchasers of three houses to be built in Naples
Manor that will sell to very-low-income families for approximately
$46,500. That's what it says.
COMMISSIONER McDANIEL: But these are already done
deals.
MR. GIBLIN: Yeah, that's the language from 1999.
May 22, 2018
Page 132
CHAIRMAN SOLIS: That's what happened in 1999.
COMMISSIONER FIALA: Okay.
CHAIRMAN SOLIS: That's the history of how these became
subject to the liens.
MR. GIBLIN: Correct.
COMMISSIONER FIALA: Okay. I didn't read that it was
history, but okay, fine. Thank you.
And the other ones that were on 17C, I'll get back to you a little
bit later before the end of the meeting.
COMMISSIONER McDANIEL: Don't go away on 17C. I have a
point, if I may.
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: And that is, it seemed to me --
and I just wanted to make sure that I understood and read it properly,
because the deferral period is for 10 years and stays at 10 years except
for on a case-by-case basis. And since we're extending the
affordability period from 15, recommending that it be extended from
15 to 30 and the rationale there is is it keeps more affordable units on
the market longer and we're not having this roll out like we have been
having in the recent past which creates a deficit in the
housing-affordability issues, we would be able to mirror the deferral
period to the 30-year process --
MR. GIBLIN: On a case-by-case basis.
COMMISSIONER McDANIEL: -- on a case-by-case basis,
because it would -- it's almost counterintuitive that the deferral period
would be for 10 years, but we're going to hold them to an affordability
-- whatever the word is, an affordability designation with only a
deferral period of 10. So we could, on a case-by-case basis, allow for
that deferral period to mirror the affordability period.
MR. GIBLIN: Yes, sir.
COMMISSIONER McDANIEL: That was how I interpreted
May 22, 2018
Page 133
that.
Now -- and I just wanted to say, with regard to the condition, the
condition is going to travel along with our code enforcement, building
codes, and the requisites that we have for upkeep and maintenance of
any private piece of property. That just happens, supposedly.
CHAIRMAN SOLIS: Any other question/comments for staff?
MR. OCHS: So do I understand we're tabling 17C?
CHAIRMAN SOLIS: No.
COMMISSIONER FIALA: No. I'm just going to bring it up a
little bit later.
COMMISSIONER TAYLOR: This is the time.
COMMISSIONER FIALA: Just the other -- it's just a couple
more questions. It's not anything that's terrible. I just had questions to
be answered, but I don't want to --
CHAIRMAN SOLIS: Can we go ahead and vote on -- make a
motion and vote on 17C then, then we can ask questions later or what
--
COMMISSIONER FIALA: I don't care. Whatever you'd like to
do.
CHAIRMAN SOLIS: Well, it's --
COMMISSIONER FIALA: I just have questions to be answered.
CHAIRMAN SOLIS: Yeah. I think the question is, do we go
ahead and entertain motions on 17C and then bring back the questions
that you have for staff later, or do we table it to do them both later?
MR. OCHS: Commissioners, if you don't mind tabling.
CHAIRMAN SOLIS: Okay.
MR. OCHS: That way we can make sure we get Commissioner
Fiala's issues addressed.
COMMISSIONER FIALA: Yeah, I'm sorry that I'm not --
MR. OCHS: No. No need to apologize, ma'am. I just want to
make sure we table until we can answer her questions.
May 22, 2018
Page 134
COMMISSIONER TAYLOR: We're coming back at five o'clock
anyway.
MR. OCHS: Maybe she'll find -- we still have other items, so if
she has --
COMMISSIONER TAYLOR: But if you don't, we have --
MR. OCHS: Yes, yes.
So do we need a motion to table, Mr. County Attorney?
MR. KLATZKOW: No. We'll just table it. Bring it back.
COMMISSIONER McDANIEL: We're just going to table it until
you're ready.
Item #11D
RECOMMENDATION TO AWARD INVITATION TO BID (ITB)
SOLICITATION NO. 18-7339 NORTH COLLIER REGIONAL
PARK ARTIFICIAL TURF CONVERSION, TO HELLAS
CONSTRUCTION, INC., FOR CONSTRUCTION OF FOUR (4)
ARTIFICIAL TURF SOCCER FIELDS AT NORTH COLLIER
REGIONAL PARK IN THE AMOUNT OF $4,107,031,
AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED
CONSTRUCTION SERVICES CONTRACT, AUTHORIZE THE
NECESSARY BUDGET AMENDMENT AND MAKE A FINDING
THIS EXPENDITURE PROMOTES TOURISM – APPROVED
MR. OCHS: So, Mr. Chairman, if I might then, we can move
forward to 11D, and this is a recommendation to award a bid for
Artificial Turf Conversions to Hellas Construction to construct four
artificial turf soccer fields at the North Collier Regional Park in the
amount of $4,107,031 and approve related budget amendments.
Mr. Williams can make a presentation or respond to questions
from the Board, whatever the pleasure of the Board.
May 22, 2018
Page 135
CHAIRMAN SOLIS: I'll make a motion to approve that.
COMMISSIONER McDANIEL: And I'll be seconding it.
CHAIRMAN SOLIS: 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 approved.
MR. WILLIAMS: Thank you.
MR. OCHS: Thank you, Commissioners.
Item #11E
RECOMMENDATION TO APPROVE AN AGREEMENT FOR
$20,165,450 WITH AJAX PAVING INDUSTRIES OF FLORIDA,
LLC, PURSUANT TO REQUEST FOR PROFESSIONAL
SERVICES, #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
NUMBER 60145) – APPROVED
That takes us to Item 11E. It's a recommendation to approve an
agreement for $20,165,450 with Ajax Paving Industries of Florida,
LLC, for the design-build for Golden Gate Boulevard four-lane
extension from west of 20th Street East to east of Everglades
Boulevard.
May 22, 2018
Page 136
And Mr. Ahmad can present or address questions from the Board.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER FIALA: Second.
CHAIRMAN SOLIS: Motion and a second to approve. 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 approved.
MR. AHMAD: Thank you.
MR. OCHS: Thank you, Commissioners.
Item #11F
RECOMMENDATION TO AWARD INVITATION TO BID NO. 18-
7326, “TWIN EAGLES PUMP STATION AND FORCE MAIN
UPGRADES” TO QUALITY ENTERPRISES USA, INC., UNDER
PROJECT NUMBER 70227, IN THE AMOUNT OF $1,022,003,
APPROVE THE NECESSARY BUDGET AMENDMENT, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT – APPROVED
That takes us to Item 11F. This is a recommendation to award a
bid for Twin Eagles pump station and force main upgrades to Quality
Enterprises USA in the amount of $1,022,003 and approve the
necessary budget amendments.
Mr. Chmelik, again, can present or respond to questions from the
May 22, 2018
Page 137
Board.
COMMISSIONER McDANIEL: Move for approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SOLIS: 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 approved.
MR. OCHS: Thank you.
I think that's all we have until your 5:05 public hearing, unless
Commissioner Fiala is ready to –
Item #9D – Continued from earlier in the Meeting
ORDINANCE 2018-28: RECOMMENDATION TO APPROVE AN
ORDINANCE AMENDING CHAPTER 74 OF COLLIER COUNTY
CODE OF LAWS AND ORDINANCES, WHICH IS THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, TO
PROVIDE FOR AN AMENDMENT TO SECTION 74-401 TO
ENCOURAGE THE DEVELOPMENT OF AFFORDABLE
RENTAL HOUSING BY ALLOWING THE BOARD, ON A CASE-
BY- CASE BASIS, TO ALLOW RENTAL IMPACT FEE
DEFERRALS IN EXCESS OF THE ANNUAL ALLOTMENT OF
225, TO ALLOW RENTAL IMPACT FEE DEFERRALS OF
GREATER THAN TEN (10) YEARS AND TO EXTEND THE
AFFORDABILITY TERM OF PARTICIPATING RENTAL
May 22, 2018
Page 138
DEVELOPMENTS FROM 15 TO 30 YEARS – ADOPTED
COMMISSIONER FIALA: I am.
MR. OCHS: Very good.
COMMISSIONER FIALA: There's the other, and it's pretty
simple, too.
I just -- I had somebody write in to me and say if they want to
keep the income -- the low income for 30 years, what happens if they
don't?
MR. GIBLIN: If the owner who has received a rental deferral,
there's a lien placed on that property, that if they do not abide by the
conditions of the lien, the county can foreclose on it.
COMMISSIONER FIALA: Oh, okay, fine. That was the other
question. Thank you.
Okay. So I make a motion to approve.
COMMISSIONER SAUNDERS: Second.
COMMISSIONER McDANIEL: Second -- third.
CHAIRMAN SOLIS: 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: Approved.
MR. OCHS: Mr. Chairman, would you like to do your
commission and staff communications, or do you want to wait till after
your 5:05 hearing? We have time now.
COMMISSIONER FIALA: Let's do it now.
May 22, 2018
Page 139
CHAIRMAN SOLIS: Get it out of the way.
COMMISSIONER FIALA: Because we don't know what time
that 5:05 is going to get out.
COMMISSIONER SAUNDERS: Unless you want to continue
that until 6:30.
CHAIRMAN SOLIS: I'd say let's.
COMMISSIONER FIALA: What did you say?
COMMISSIONER SAUNDERS: 6:30 time-certain.
CHAIRMAN SOLIS: Time-certain for comments?
COMMISSIONER TAYLOR: I think 7:00; 7:00 might be better.
It's a little more civilized.
COMMISSIONER McDANIEL: We'll have more people here
then.
CHAIRMAN SOLIS: I think we should go ahead with our staff
and commission –
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Yes, sir. I just have a couple of quick reminders
here, one request with regard to upcoming workshops. Just a reminder
June 5th at 9:00 a.m. is your BCC mental-health workshop and,
secondly, I'm requesting a November 6th workshop date with the
Board to spend some time going over our public transit system, if you
don't mind.
COMMISSIONER TAYLOR: Good. I've got one no and four
yeses.
COMMISSIONER FIALA: No problem. It's a good system.
Looks great.
COMMISSIONER McDANIEL: That's right. We don't need to
May 22, 2018
Page 140
have a workshop.
CHAIRMAN SOLIS: It's not election day, is it?
COMMISSIONER McDANIEL: No, it's two days before
election day.
MR. OCHS: No, no.
COMMISSIONER TAYLOR: We're going to be really in good
shape.
MR. OCHS: Thank you. That's all I have.
COMMISSIONER McDANIEL: You get to do that one on your
own.
CHAIRMAN SOLIS: County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN SOLIS: Clerk?
MS. KINZEL: No, thank you.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: Nothing here.
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: Yeah, nothing much except when
you talked about transit, do you know way back in the year 2000 when
I ran for office, there was a guy who ran strictly to oppose the transit
system. By the way, he lost, I won. But I thought, isn't it something,
and look at how successful it is and how much we've used it, and I
think it's been a great asset to our community.
That's it.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: I just would like to remind
everyone that tomorrow we have the third mock commissioner
meeting, and our schools are Gulf View Middle, Immokalee Middle,
and -- oh, Sherry will help me -- Oak Ridge Middle, I believe.
And we're going to conduct, you know, a mock commissioner
meeting. The students bring in their subjects, and they argue it, and
May 22, 2018
Page 141
they take positions of all of us.
So there will be a county attorney and a county manager and
assistant county manager, and we call Troy the master of ceremonies
for no other reason than I'm not sure what your title is.
MR. KLATZKOW: It's master of ceremonies.
MR. MILLER: Depends on the day.
COMMISSIONER TAYLOR: And he's blushing. But anyway,
it should be a -- please come by if you want to see some minds and,
hopefully, some future participants in our political system.
COMMISSIONER SAUNDERS: I have nothing to add, Mr.
Chairman.
CHAIRMAN SOLIS: I'll just add that the June 5th workshop, I
think everyone's going to be able to attend. I know last year we were
missing --
COMMISSIONER McDANIEL: I can make that one.
CHAIRMAN SOLIS: It's going to be, I think, a fascinating
workshop. There's -- some great things have come out of the actions
that the Board took last year. And, you know, I don't think I have to
continue to say how important it is that we look at how we deal with
mental-health issues in Collier County a different way. We just have
to watch the news every day.
So with that said, we're adjourned until 5:05.
MR. OCHS: Recess till 5:05.
CHAIRMAN SOLIS: Recess till 5:05.
MR. OCHS: Thank you.
(A brief recess was had.)
Item #9C
RECOMMENDATION TO APPROVE AN ORDINANCE
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
May 22, 2018
Page 142
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, TO ALLOW MEDICAL MARIJUANA DISPENSARIES
IN THE SAME ZONING DISTRICTS AS PHARMACIES, AND TO
CODIFY STATUTORY REQUIREMENTS FOR SECURITY
MEASURES AND DESIGN AND SIGNAGE, BY PROVIDING
FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO
THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: CHAPTER ONE – GENERAL
PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS;
CHAPTER TWO – ZONING DISTRICTS AND USES, INCLUDING
SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS,
SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION
2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION
2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FIVE –
SUPPLEMENTAL STANDARDS, ADDING NEW SECTION
5.05.16 MEDICAL MARIJUANA DISPENSARIES; SECTION
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE
– MOTION TO MOVE FORWARD WITH STAFF’S LDC
RECOMMENDATIONS – FAILED
MR. OCHS: Commissioners, we're back in session. We're on
your time-certain 5:05 p.m. hearing item, which is Item 9C on this
evening's agenda. This item is a recommendation to approve an
ordinance amending the Collier County Land Development Code to
allow medical marijuana dispensaries in the same zoning districts as
pharmacies and to codify statutory requirements for security measures,
May 22, 2018
Page 143
design, and signage.
And Mr. Bosi will take you through the presentation.
MR. BOSI: Good evening. Mike Bosi, Planning and Zoning
director.
I just put a couple slides on the visualizer, or the PowerPoint just
to remind you of where we're at, where we were, and where we're
trying to go.
March 13th of this year the Board, by a vote of 3-2, directed staff
to vet the LDC amendment to allow for medical marijuana dispensing
facilities to be treated the same as a pharmacy from a zoning
perspective, with one restriction of a 500-foot limitation from a
proximity to schools.
That was the only locational restriction or allowance for any
modifications towards where the siting of the zoning was allowed for.
It was either that option or to ban those facilities outright.
In December 12th of 2017, the Board extended that moratorium
temporarily hoping that the legislature was going to give the Board of
County Commissions, local jurisdictions, a little more leeway in terms
of how they would allow for these facilities to be sited.
Did not happen, on the 13th, recognized that, staff came back,
brought the item to the Board's attention. We went out, were directed
to vet the amendments. We went out, vetted the amendments with the
public, with the DSAC, DSAC subcommittee, the Planning
Commission.
The Planning Commission made a recommendation to ban
medical marijuana dispensaries. They decided not to provide any
guidance on the language that was being proposed, but within their
opinion, that they felt that banning was the option that they would
prefer.
The DSAC recommendation was approval of the amendment but
to delete the lighting in the parking standards. There's some standards
May 22, 2018
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that we took from the statutes that we just wanted to codify at the local
level to make sure that we can enforce those type of statutes at the
local level to make sure that we could give some additional protections
for the Board of County Commissioners.
What's put before you is the LDC amendment to treat the medical
(sic) dispensaries as pharmacies with that 500-foot restriction with a
couple addition -- with references and reciting restrictions on lighting,
signage, and security measures.
Like I said, there's three -- or there's a staff recommended (sic),
which was contained in your packet. The DSAC was recommended
but to drop the echoing of the state statutes related to the lighting and
the signage, and the Planning Commission's recommendation was for a
ban.
And when we received the direction back in March, we
recognized there was the dilemma we need four -- we need four votes
for approval of adding a land use to a Land Development Code. So for
tonight we are looking for either four votes to pass -- or to pass the
proposed amendment to treat medical marijuana facility -- dispensing
facilities as pharmacies with that 500-foot restriction, and if we cannot
gain the four votes for that supermajority, by default our action would
result in the Board of County Commissioners, essentially, banning that
use or not allowing that use, because the specificity of our Land
Development Code states that a use has to be specifically authorized
by the Board to be added to our Land Development Code.
And with that, I will field any questions. And I have my Land
Development Code full team here that took the bulk of the
responsibility of doing all the hard work in coordination with all the
stakeholders.
COMMISSIONER FIALA: I have a simple question, and I feel
embarrassed to ask it. But what is a secondary school?
COMMISSIONER McDANIEL: Stay on your microphone,
May 22, 2018
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please.
COMMISSIONER FIALA: What's a secondary school? Is it a
high school?
MR. BOSI: Yes, a secondary school is a high school.
COMMISSIONER FIALA: Oh, okay. I didn't --
CHAIRMAN SOLIS: That's a good question, though.
COMMISSIONER FIALA: I didn't know what it was.
COMMISSIONER McDANIEL: Primary education is first
through --
COMMISSIONER TAYLOR: Oh, stop.
COMMISSIONER McDANIEL: I'm assuming my political
position here.
COMMISSIONER FIALA: Good. It looks better on you.
CHAIRMAN SOLIS: So any other questions for staff?
(No response.)
CHAIRMAN SOLIS: No lights are on. We have public
speakers.
MR. MILLER: Yes, Mr. Chairman. I have four registered
speakers on this item. Your first speaker is Yvette Stafford June (sic).
She will be followed by Alexander Popoff.
Mr. Popoff, if I could have you stand by at this other podium,
please.
MS. JONES: Hi. My name is Yvette Stafford Jones, and I have
been here numerous times before speaking on this subject. I am one of
the founders of the Crohn's Charity Service Foundation since 2011.
Headquarters here in Collier County; suboffice in Coral Springs.
I have given educational seminars since July 2016 working with
John Morgan, speakers, and after the vote I had certified medical
marijuana doctors on board to serve our community.
My education -- my educational event has been held mostly in
surrounding churches: Catholics, Unitarian, Baptist, Methodists, here
May 22, 2018
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in Collier County.
This is kind of a hard -- this is kind of hard for me to stand up
here before you and try to fight for this regulation because it means so
much to me, but most of my clients that I am fighting for are very sick
and they've very ill.
And there's different subjects that -- the reason why we need to
have it close here in Collier is because they can't -- they can't drive,
they can't -- they can't get there, they can't drive. I'm getting personal
now, and I don't want to do that. I want to stay business.
They get -- and so it would be beneficial to start planning and
allowing these dispensaries here in Collier County, and I'll tell you
why: A client came to me this week and they said, you know, not --
they don't want to drive anywhere to purchase any meds, and they're
upset about the delivery costs that they have to pay for it. They're
already sick. They're spending money for doctors and everything.
And they said -- most of them are very normal citizens and they've --
they need this medicine to function.
Food for thought: We voted 71 percent statewide, 65 percent in
Collier County. It means a lot, just here alone, and we even had -- we
even had the Collier Enterprise throwing in their hat to try to be a
medical marijuana treatment center. It can help a lot of people.
I know my time is up, but I just want to ask you to heavily
consider allowing dispensaries to set up here in Collier County. And
the video -- the commercial on TV that says "driving baked" has all
these seniors scared to even drive to Bonita or Fort Myers, because
anything can happen.
Thank you.
MR. MILLER: Your next speaker is Alexander Popoff. He'll be
followed by Bill Barton.
MR. POPOFF: How you doing? My name's Alex Popoff. I'm a
90 percent disabled U.S. Air Force veteran, prior military police
May 22, 2018
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officer, and I'm a medical marijuana patient here in Collier County.
Every time that your vote has forced me to drive to Collier
County, I'd almost like to ask for the gas money. Delivery is selfish
and foolish, and it makes me question why. Delivery is fine. Is that
how you receive your medications, or do you go to CVS or
Walgreens? Is that too personal a question?
I just don't have the patience. My dad just got his card today, or
rather the email allowing him, because the state doesn't even have their
system together enough to get the card to you in a timely fashion. And
he said, how do I get medical marijuana? That's what he's asking his
son, a fellow patient. I said, I'm sorry. Number one, I can't get it for
you. And if you set a delivery, you better be home, you better have the
money to pay for it. I can't even accept it for you unless I was your
caregiver, even though I'm also a patient.
So if you think the one-size-fits-all you'll get it delivered works,
that's selfish and disgusting. And I don't want to waste any more time
talking.
If you want to know my story, you can look it up online, just like
I could get my medicine delivered. I'm not here to be nice. Thank
you.
MR. MILLER: Your next speaker is Bill Barton. He'll be
followed by Allen Weiss.
MR. BARTON: Good afternoon. Excuse me. Good afternoon,
Commissioners. For the record, my name's Bill Barton. I reside at 106
Moorings Park Drive in Naples.
I've been here speaking to the commission on this subject and
many other subjects on many occasions. I can't think of any that have
more meaning to me than this one.
Let me give you just a brief history. I was the first president of
the National Federation of Parents for Drug-Free Youth, and I and one
other person were personally responsible for getting Nancy Reagan to
May 22, 2018
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begin her "Just Say No" program.
I recognize that what we're here talking about today is a product
that the citizens of Florida have determined there is a small percentage
of our population that can benefit from some of those items derived
from the raw product, marijuana. Those are very small -- a percentage
of the product of raw marijuana; however, one would ask, why should
we ban dispensaries in Collier County?
First let's think -- look at the data. The data that we have and I
can -- in fact, I think I've already provided it to all of you. But it tells
us that there will be less than 2 percent of the population of Collier
County that will register with the State of Florida to receive medical
marijuana.
We have already heard from other speakers that a large
percentage of them are going to be too ill to drive. One would then
ask, well, now, how do they get to these dispensaries if they're too ill to
drive? Wouldn't it be far more convenient for them to have the
products delivered to their home or to their place of business?
We look at the world we live in today; Amazon, Wayfair, the
local pharmacies, the local grocery store. My son and daughter don't
even go to the grocery store anymore. They have their groceries
delivered to their home. That's the wave of the future.
So let's stay with the future. Look at what this product is, and
make a point that, yes, we want those people in Collier County that
need these products for good health, we want them to have it. What's
the logical way to do it? In our opinion, that's delivery. And that can
come from dispensaries that are already open in Lee County, Broward
County, Miami. There are at least, in those three counties, seven
dispensaries currently operating, and we know for a fact that at least
three of those are currently delivering to Collier County.
We also recognize that there's probably going to be a growing
distribution center authorized in Collier. That's a good thing; not a bad
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thing. We are in favor of that because, once again, it will help the local
residents get this product.
Thank you very much for your time.
MR. MILLER: Mr. Chairman, your final speaker on this item is
Allen Weiss.
DR. WEISS: Thank you, Commissioners. It's good to be with
you again. Allen Weiss, president and CEO of the NCH Healthcare
System.
Earlier today Judge Martin was here with her drug court honorees
as you recognized them. Seriously, drug addiction is a major concern
for our nation right now.
And a recent HSBC article shows that the cost of the opioid
epidemic in the U.S. is 2.8 percent of the gross domestic product, and
it's coincided with the decline in labor force participation.
The huge economic impact nationally cannot be overstated.
Locally, our medical examiner reported last year we had at least 61
deaths associated with overdoses in opioids.
Almost every day one of the emergency rooms in -- and there are
five emergency rooms in Collier County -- someone comes in with an
overdose. Fortunately, most of those are reversible.
Our whole healthcare system and our whole nation has been
challenged by opioids. And many people believe that marijuana is a
beginning drug for that.
As we start with medical marijuana, which can help some folks --
but even that, medically, is still very controversial -- there are other
medicines that do the same thing and don't have the same addictive
properties. So, ultimately, it would be very interesting to see if we can
get people off of medical marijuana onto other things that are going to
be long-term safer and won't have the potential to be escalated.
So having said that, we can help our community and our county
continue to be the healthiest and the happiest in the nation with the
May 22, 2018
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longest life expectancy. I think one of the reasons, and I said it this
morning when we were together in a different circumstance, is that we
are not having the number of opioid deaths that are the same as the rest
of the nation where the life expectancy has decreased. We're actually
increasing.
So we have a real opportunity to help not only the folks who are
on medical marijuana right now but to get other folks not to get on the
marijuana and opioid epidemic that is plaguing us now and is going to
be hard to reverse in our lifetimes.
Thank you for your service and consideration.
MR. MILLER: That was your final registered speaker.
CHAIRMAN SOLIS: Okay. Commissioner McDaniel?
COMMISSIONER McDANIEL: Well, just to keep things
moving, I'm going to make a motion that we accept staff's
recommendation and move forward the language to adjust our LDC to
allow for the dispensaries.
CHAIRMAN SOLIS: Is there a second?
(No response.)
CHAIRMAN SOLIS: I feel obligated -- as I've said from the
beginning, I feel obligated to second that. But I would like to ask the
County Attorney a couple of questions.
COMMISSIONER McDANIEL: And I do have some comments,
once we go to comments, with regard to that. I mean, if you want me
to hit my button again, I will.
CHAIRMAN SOLIS: No, that's okay.
COMMISSIONER McDANIEL: I didn't want to argue the point
if we don't have support to carry it forward. I do have a couple of
comments as well, so...
CHAIRMAN SOLIS: I'd like to have -- why don't we have a
discussion first before we get to that. Because I'd like to ask the
County Attorney, what's the status of the litigation on the statute? I
May 22, 2018
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know it's been challenged in a couple of -- a couple of counties. Has
anything come out of the appellate courts to give us some idea of
where it stands?
MR. KLATZKOW: I'm not aware of any decisions.
CHAIRMAN SOLIS: Okay. And in terms of -- and maybe this
is more a question for Mr. Bosi. In terms of the effect of the
amendment, it will be regulated the same way that we regulate
pharmacies. And so for a --
COMMISSIONER McDANIEL: Not regulated.
CHAIRMAN SOLIS: What's that?
COMMISSIONER McDANIEL: Well, I'm -- I'm not trying to
put words in your mouth. It's just allowed in the same locations as
pharmacies. In fact, our regulatory is an entirely separate subject.
CHAIRMAN SOLIS: Understood. I mean, there are
considerations in terms of locations for pharmacies other than locations
to schools, right? I mean, there are others -- there are other criteria?
MR. BOSI: A pharmacy has no locational criteria.
CHAIRMAN SOLIS: None at all?
MR. BOSI: None at all, other than it has to be within an
appropriate zoning district that allows for a pharmacy, but there are no
-- there's no restrictions in terms of separation of pharmacies from each
other or from schools or anything such as --
CHAIRMAN SOLIS: Right. And just in general, the zoning
districts that allow pharmacies as of right are all of the commercial
zoning --
MR. BOSI: C1 does not allow for pharmacies. C2 does.
CHAIRMAN SOLIS: Right. C2?
MR. BOSI: C2 and above.
CHAIRMAN SOLIS: And above. Okay. Anything else that's as
a conditional use?
MR. BOSI: The only time it would get into conditional use is the
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size of the facilities, but that's -- it's really immaterial to your question.
Nothing else in terms of --
CHAIRMAN SOLIS: Okay. Okay.
Commissioner McDaniel?
COMMISSIONER McDANIEL: Yeah. And I just wanted to
say, in deference to Dr. Weiss and my friend Bill Barton, and Ms. Pat,
as well, I mean, there's a fray of emotions with regard to this. And, yes,
technically it is legal, as the young man shared with regard to -- and it
is being dispensed by mail. You can have cannabis delivered to your
home now.
And we as a board have been put in a very compromising position
personally, I feel, by poorly written legislation. There was no
discussion with the electorate that voted to legalize the dispensing of
medical cannabis in that question that talked about whether or not local
municipalities would have the right to ban the actual dispensaries or
not.
So it's really -- and I've shared this regularly as this issue's come
up for in excess of a year or so. We've been put -- I feel we've been
put in a compromising position. Like it or not, feel as we may or not,
it was a constitutional amendment. It was voted on by a majority of
the populous, and I feel it's incumbent upon us to allow for these
dispensaries to be located here.
The legislature covered the legality side, the legalization of the
dispensing of medical cannabis via delivery to your home, but that
wasn't a portion of the question that was asked of the electorate when
the majority of the populous voted to allow it to be legalized. So there
you are.
CHAIRMAN SOLIS: Any other comments? Questions? Okay.
COMMISSIONER SAUNDERS: I'll -- one or two comments.
I don't think there's a supermajority vote to move this forward
regardless of what we do tonight. I am concerned about the inability of
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the county to control the number of dispensaries. If we permit
dispensaries -- if we permit one, then the door is open for whatever
number. I don't know that there would be more than one anyway, but
I'm concerned about the fact that we do lose control.
I'm not going to support the motion tonight to move forward with
this, but I'm going to ask the Board to direct staff to bring this back in
about six months for a report on how things are going in terms of home
delivery. We'll be getting into the legislative session again. We'll see
if there's anything that's going to come out of that. I don't expect it to,
but Mr. Barton said something a few months ago when we were
discussing this and basically said, if you approve it, the door's wide
open. If you don't approve it, you can always open the door later on,
and so I'm going to -- I'm not going to support the motion tonight.
CHAIRMAN SOLIS: And I certainly appreciate Mr. Barton's
comments, and I think it is a problem. I think the lack of any direction
from the legislature is a colossal problem. I just -- I wish we had a
clear picture on what we could do. But I think that's a wonderful idea
to bring it back; regardless of what the vote is today, bring it back, and
hopefully we do get some -- somewhere along the line we get some
clear direction from the legislature.
COMMISSIONER TAYLOR: Yeah. I'd just like to say, it
reminds me that last year when this came forward there were questions
that I had. Frankly, some of them came from the Bartons. And I
called staff in Tallahassee, and they returned my call. And as we were
talking, I said, could you please -- you know, let's summarize this and
put this in writing. The letter never came. Never came.
I think that's very important to put on the record, because I don't
think they're really clear on this at this point, and I think they --
whatever happened -- and I'm not talking about legislators; I'm talking
about staff.
So, you know, I love your idea of looking at this in six months
May 22, 2018
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again. I think it's important. I think we need to keep open because the
people voted for this, and it's what -- medical marijuana is what we
have right now, and I think it's important to many people. But I think
we're very wise to take this very slowly.
CHAIRMAN SOLIS: There's a motion and a second to approve
the amendment. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SOLIS: Aye.
Opposed?
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Okay. The motion fails.
COMMISSIONER McDANIEL: There you have it.
COMMISSIONER FIALA: I feel a little bit of comfort because I
know that people that do need it can get it --
COMMISSIONER TAYLOR: Can get it.
COMMISSIONER FIALA: -- a prescription and have it
delivered. And like that fellow in the back was saying, he can't drive
anyway, and he said the people that he's trying to get it for can't drive,
and they're too sick. And, you know, if people are too sick, they
shouldn't be driving. And they do need it, so it can be delivered to
them.
So it isn't like we're denying the people who desperately need it,
because they can get it. It's just that we're denying free and open -- I
just fear when they can put it next to any pharmacy anyplace or even
where pharmacies are located. That opens the picture wide open, and I
-- I just don't think we should do that.
CHAIRMAN SOLIS: You know, my only thought about that is
is that, you know, pharmacies. I would assume -- and I'm going out on
a limb here -- is a very lucrative business, running a pharmacy, and we
May 22, 2018
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don't have pharmacies just everywhere. I mean, I understand the
concern that we would have a million of these somehow across the
county but, I mean, I think the economic realities are going to drive the
number of them, and I don't -- I haven't heard that there are an
overabundance of people that are being prescribed it.
So, I mean, I totally appreciate the concern. I'm just not sure that
the reality of it would be that, because there's economics involved.
And if there's no money to be made because there's not enough people
that have a prescription for it, then it won't happen.
But, anyway, it is what it is, and we'll revisit it, hopefully, in six
months.
I think that's it. We're done. Thank you. We're adjourned.
***** Commissioner Fiala 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 #16A3) ****
Item #16A1
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR THE ARLINGTON OF NAPLES,
PL20150001183, ACCEPT UNCONDITIONAL CONVEYANCE
OF A PORTION OF THE POTABLE WATER AND SEWER
FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $107,249.66 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT – LOCATED OFF OF LELY CULTURAL PARKWAY
May 22, 2018
Page 156
Item #16A2
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE MASTER METER FOR TURNBERRY WOODS AT THE
STRAND, PL20140000348 - RE-INSPECTION WAS
CONDUCTED ON MARCH 15, 2018 (POST HURRICANE IRMA)
AND FOUND THE FACILITIES TO BE SATISFACTORY
Item #16A3 (Commissioner Solis abstained from voting)
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR MARENGO AT FIDDLER’S CREEK, PL20160001390 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 –
FINAL INSPECTION WAS CONDUCTED ON APRIL 17, 2018
AND FOUND THE FACILITIES TO BE SATISFACTORY
Item #16A4
RECORDING THE FINAL PLAT OF MAPLE RIDGE AT AVE
MARIA PHASE 5B, (APPLICATION NUMBER PL20180000568)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY – LOCATED
AT THE END OF ANTHEM PARKWAY
Item #16A5
May 22, 2018
Page 157
RECORDING THE FINAL PLAT OF ANTILLES, (APPLICATION
NUMBER PL20150002611) APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY – THE DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES (COA)
PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN
FINAL APPROVAL LETTER
Item #16A6
AN EASEMENT USE AGREEMENT (AGREEMENT) FOR SITE
56, BLOCK A, PELICAN BAY UNIT ONE, ACCORDING TO
THE PLAT THEREOF AS RECORDED AT PLAT BOOK 12,
PAGES 47-52 OF THE PUBLIC RECORDS OF COLLIER
COUNTY – LOCATED AT BOBWHITE LANE
Item #16A7
APPROPRIATION OF THE COLLIER METROPOLITAN
PLANNING ORGANIZATION’S (MPO) ANNUAL OPERATING
BUDGET FOR FY 18/19 AND AUTHORIZING THE
NECESSARY BUDGET AMENDMENTS IN THE AMOUNT OF
$909,379, EFFECTIVE JULY 1, 2018
Item #16A8
RESOLUTION 2018-88: SUBMISSION OF ONE CAPITAL
IMPROVEMENT PROJECT TO THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT (SFWMD)/BIG CYPRESS BASIN
LOCAL PARTNERSHIP GRANTS PROGRAM FOR FY2019;
May 22, 2018
Page 158
AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE
APPLICATION – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16A9
AFTER-THE-FACT APPROVAL FOR THE SUBMISSION OF AN
EMERGENCY WATERSHED PROTECTION PROGRAM
GRANT APPLICATION TO THE US DEPARTMENT OF
AGRICULTURE, NATURAL RESOURCES CONSERVATION
SERVICES TO ADDRESS THE EXISTENCE OF STORM
RELATED DEBRIS IN COLLIER COUNTY WATERWAYS AND
TO MAINTAIN AN APPROPRIATE CONVEYANCE SYSTEM
FOR AN ADEQUATE FLOOD PROTECTION LEVEL OF
SERVICE (LOS), IN THE AMOUNT OF $6,476,678.18 WITH AN
ESTIMATED REQUIRED LOCAL MATCH IN THE AMOUNT
OF $1,962,629.75 - TO ADDRESS THE EXISTENCE OF STORM
RELATED DEBRIS IN COLLIER COUNTY WATERWAYS AND
TO MAINTAIN AN APPROPRIATE CONVEYANCE SYSTEM
FOR AN ADEQUATE FLOOD PROTECTION LEVEL OF
SERVICE (LOS)
Item #16C1
THE CONVEYANCE OF A UTILITY EASEMENT ACROSS THE
SOUTHWEST CORNER OF GOLDEN GATE COMMUNITY
PARK FROM COLLIER COUNTY TO THE COLLIER COUNTY
WATER-SEWER DISTRICT – RELATING TO FOLIO
#00296200009 FOR THE FGUA TRANSITION-WATERLINE
INTERCONNECT PROJECT
May 22, 2018
Page 159
Item #16C2
AWARD RFQ #14-6213-117, “BAY COLONY
APPURTENANCES”, TO INCLUDE MASTER METERS,
BACKFLOW PREVENTERS, BY-PASS DEVICES, AND
VALVES, TO DOUGLAS N. HIGGINS, INC., IN THE AMOUNT
OF $433,800, PROJECT NUMBER 70174 “DISTRIBUTION
CAPITAL PROJECTS.” – FOR INSTALLATION OF EIGHT
VALVES, FIVE METERS, EIGHT BACKFLOW PREVENTERS,
AND EIGHT BY-PASSES IN TEN DIFFERENT AREAS OF BAY
COLONY
Item #16C3
A WAIVER OF RIGHT TO FILE AN APPLICATION FOR THE
UNITED STATES SMALL BUSINESS ADMINISTRATION ON
BEHALF OF THE COLLIER COUNTY AGRICULTURAL FAIR
AND EXPOSITION, INC., RELATED TO A LOAN TO REPLACE
A MOBILE OFFICE THAT WAS DAMAGED IN HURRICANE
IRMA – UTILIZED BY THE FAIRBOARD AND LOCATED AT
751 39TH AVENUE NE
Item #16C4
A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
AND TEMPORARY CONSTRUCTION EASEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION’S
CONTRACTOR, BERGERON LAND DEVELOPMENT, TO
ACCESS PROPERTY THAT IS HELD IN THE GAC LAND
TRUST INVENTORY TO FACILITATE CONSTRUCTION OF
THE 8TH STREET NE BRIDGE – FOLIO #37289560004
May 22, 2018
Page 160
LOCATED AT 879 8TH STREET NE
Item #16C5
AWARD INVITATION TO BID (ITB) NO. 18-7288 “COLLIER
COUNTY JAIL MOBILE KITCHEN TRAILERS” TO S.R.
HOLDING CO. OF MIAMI, INC., D/B/A S.R. HOLDINGS INC.
AND APPROVE THE AGREEMENT – NEEDED DURING
RENOVATIONS OF THE MAIN JAIL, BUILDING J1
Item #16C6
A BUDGET AMENDMENT IN THE AMOUNT OF $120,000 FOR
CAPITAL IMPROVEMENTS FOR THE COLLIER COUNTY
COURTHOUSE BUILDING L, INCLUDING REPLACEMENT OF
CARPETS, JURY CHAIRS AND SECURITY CAMERA
UPGRADES, AND APPROVE THE UTILIZATION OF COURT
MAINTENANCE FEE FUNDING IN FUND 181 – PROJECT
#50078
Item #16C7
ENTERING INTO CONTRACT NEGOTIATIONS FOR REQUEST
FOR PROFESSIONAL SERVICES (RPS) #18-7277, “PUBLIC
UTILITIES DEPARTMENT COMPLEX DESIGN” (PROJECT
#70167), WITH THE TOP-RANKED FIRM, STANTEC
CONSULTING SERVICES, INC. – TO BE BUILT WITHIN THE
SOLID WASTE RESOURCE RECOVERY BUSINESS PARK
Item #16C8
May 22, 2018
Page 161
AUTHORIZING PARTIAL PAYMENT OF $423,125.78 TO
ASHBRITT ENVIRONMENTAL FOR EMERGENCY
MOBILIZATION/DEMOBILIZATION OF GENERATORS
DURING THE HURRICANE IRMA STORM RELATED
RESPONSE
Item #16C9
AUTHORIZING PAYMENT OF INVOICES IN THE AMOUNT
OF $635,540.62 TO US ENERGY SERVICE & PURE AIR
CONTROL SERVICES, INC. FOR INDOOR AIR QUALITY
TESTING AND MITIGATION SERVICES RELATED TO THE
HURRICANE IRMA STORM RECOVERY MISSION
COMPLETED PRIOR TO THE FEMA MARCH 4, 2018
DEADLINE
Item #16D1
BUDGET AMENDMENTS TO ALLOW CONTINUOUS
OPERATION OF THE COMMUNITY CARE FOR THE
ELDERLY, ALZHEIMER’S DISEASE INITIATIVE, AND HOME
CARE GRANTS FOR THE COLLIER COUNTY SERVICES FOR
SENIORS (CCSS) PROGRAM FROM THE AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC., PRIOR TO THE
EXECUTION OF FUNDING AWARD (NET FISCAL IMPACT
$1,403,132.44) – THE CCE GRANT HAS A LOCAL MATCH
REQUIREMENT OF 10%, WHICH WILL BE PARTIALLY MET
THROUGH THE CO-PAYMENTS RECEIVED AND ADI HAS A
CO-PAYMENT REQUIREMENT
Item #16D2
May 22, 2018
Page 162
A SECOND AMENDMENT TO LEASE AGREEMENT WITH
BIGI & BIGI, LLC, FOR ADDITIONAL OFFICE SPACE TO BE
UTILIZED BY THE COLLIER COUNTY HEALTH
DEPARTMENT, AT STATE OF FLORIDA EXPENSE –
LOCATED AT COURT PLAZA III, JUST NORTH OF THE
GOVERNMENT CENTER
Item #16D3
AN INTERLOCAL LEASE AGREEMENT WITH THE DISTRICT
SCHOOL BOARD OF COLLIER COUNTY (DISTRICT) FOR THE
CONTINUED USE OF A PORTION OF THE IMMOKALEE
COMMUNITY PARK – FOR THE USE OF BASEBALL FIELDS
AT 321 NORTH FIRST STREET
Item #16D4
RELEASE OF LIEN FOR A COMBINED AMOUNT OF
$21,421.02 FOR THREE (3) PROPERTIES DEVELOPED BY
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
THAT HAVE REMAINED AFFORDABLE FOR THE REQUIRED
FIFTEEN (15) YEAR PERIOD FOR THE IMPACT FEE WAIVERS
SET FORTH IN THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM – LOCATED WITHIN
NAPLES MANOR AT 5485 MARTIN STREET AND 5237 AND
5426 CARLTON STREET
Item #16D5
NINE (9) MORTGAGE SATISFACTIONS FOR THE STATE
May 22, 2018
Page 163
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN
PROGRAM IN THE COMBINED AMOUNT OF $80,485.29 –
LOCATED AT 14681 APALACHEE STREET, 3780 29TH AVE NE,
9063 GERVAIS CIRCLE #1204, 820 DESOTO BLVD S., 277
PORTER STREET, 3235 45TH STREET SW, 4401 21ST AVE SW,
4921 22ND AVENUE SW AND 5473 26TH PLACE SW
Item #16D6
RESOLUTION 2018-89: THE SUBMITTAL OF A GRANT
APPLICATION TO THE FLORIDA DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES IN THE AMOUNT OF
$475,050 FOR STRUCTURAL STABILIZATION AND
REHABILITATION OF THE HISTORIC ROBERTS HOME AT
THE IMMOKALEE PIONEER MUSEUM AT ROBERTS RANCH
WITH A REQUIRED MATCH OF TWENTY-FIVE (25%)
PERCENT
Item #16D7
AMENDMENT NO. 3 TO THE PARKS AND RECREATION
DIVISION FACILITY USE MEMORANDUM OF
UNDERSTANDING WITH NAPLES BMX, INC. TO AUTHORIZE
THE PARTIES TO RENEW THE AGREEMENT USING ONE-
YEAR TERMS – TO CONTINUE OPERATING THE WHEELS
SKATE AND BMX PARK
Item #16D8
THE FIRST AMENDMENT TO THE AGREEMENT WITH
COLLIER HEALTH SERVICES, INC. (CHSI) TO PARTICIPATE
May 22, 2018
Page 164
IN THE MEDICAID LOW INCOME POOL (LIP) PROGRAM TO
CLARIFY THE BILLING AND PAYMENT PROCESS –
CLARIFYING THAT CHSI WILL VOLUNTARILY MAKE
PAYMENTS FROM THE TOTAL FUNDS BENEFITTING LOW-
INCOME PERSONS IN THE AMOUNT OF $125,000 FOR
ELIGIBLE SERVICES MANAGED AND APPROVED BY
COUNTY STAFF
Item #16E1
SECOND AMENDMENT TO CONTRACT #08-5009 WITH
HYLAND SOFTWARE, INC. FOR CONTINUED SUPPORT OF
THE EXISTING SIRE ENTERPRISE CONTENT MANAGEMENT
(ECM) SYSTEM – PROVIDES AN EXEMPTION FROM THE
COMPETITIVE PROCESS WHERE A LACK OF SYSTEM
COMPATIBILITY OR THE EXISTING PROPRIETARY NATURE
OF A CURRENT SYSTEM RESULTS IN A LACK OF
AVAILABLE COMPETITION
Item #16E2
APPROVAL OF THE ADMINISTRATIVE REPORT PREPARED
BY THE PROCUREMENT SERVICES DIVISION FOR
DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT – NO SALES OF NON-ASSET SURPLUS
EQUIPMENT, ONE TRADE-IN VALUE OF $3,500 FOR NEW
EQUIPMENT, ONE RELATED IRMA ASSET DESTROYED
WITH A BOOK VALUE OF $56,542.64 AND DONATED ITEMS
VALUED AT $443.74
Item #16E3
May 22, 2018
Page 165
APPROVAL OF ADMINISTRATIVE REPORTS PREPARED BY
THE PROCUREMENT SERVICES DIVISION FOR CHANGE
ORDERS AND OTHER CONTRACTUAL MODIFICATIONS
REQUIRING BOARD APPROVAL – FOR NINE (9) CHANGE
ORDERS MODIFYING CONTRACTS BY -$77,101.88 (ADDING
325 BUSINESS DAYS TO COMPLETION PERIOD), ZERO
AMENDMENTS AND THREE AFTER THE FACT MEMOS
WITH A FISCAL IMPACT OF $2,126.16
Item #16E4
THE SALE AND DISPOSAL OF SURPLUS ASSETS PER
RESOLUTION 2013-095 VIA PUBLIC AUCTION ON JUNE 23,
2018; APPROVE THE ADDITION OF SURPLUS ITEMS
RECEIVED SUBSEQUENT TO THE APPROVAL OF THIS
AGENDA ITEM FOR SALE IN THE AUCTION; AND
AUTHORIZE THE PROCUREMENT DIRECTOR, AS DESIGNEE
FOR COUNTY MANAGER, TO SIGN FOR THE TRANSFER OF
VEHICLE TITLES
Item #16E5
DIRECT STAFF TO WORK WITH AVE MARIA
DEVELOPMENT, LLLP AND THE IMMOKALEE FIRE
DISTRICT WITH RESPECT TO THE TRANSFER OF FOUR
ACRES OF LAND AS NOW REQUIRED BY RESOLUTION 14-
220, FOR PUBLIC SAFETY AND GENERAL GOVERNMENT
USE, INCLUDING DIRECTING STAFF TO NEGOTIATE A
LONG TERM LEASE WITH THE IMMOKALEE FIRE DISTRICT
FOR USE OF THE PROPERTY AS A PUBLIC SAFETY CENTER
May 22, 2018
Page 166
– PROVIDING ADEQUATE EMS AND FIRE SERVICES
Item #16E6
INCREASING THE PURCHASE ORDER TO CDR MAGUIRE,
INC. UNDER RFP #17-7116 DISASTER RECOVERY
CONSULTING SERVICES BY $1,442,700 FOR CONTINUING
SUPPORT IN DEVELOPING AND PREPARING PROJECT
WORKSHEETS FOR FEMA REIMBURSEMENT OF
EXPENDITURES ASSOCIATED WITH HURRICANE IRMA
AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT.
THIS EXPENDITURE IS ELIGIBLE FOR FEMA
REIMBURSEMENT (AT A MINIMUM OF 75%)
Item #16F1
RESOLUTION 2018-90: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2017-18 ADOPTED
BUDGET – FOR BUDGET AMENDMENTS: #18-380
(TRANSPORTATION DISADVANTAGED GRANT), #18-409
(PROPERTY AND CASUALTY) AND #18-422 (CAT GRANT)
Item #16G1
APPROVAL OF A T-HANGAR LEASE AGREEMENT
BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY
AND THE CIVIL AIR PATROL – PROVIDING STORAGE OF AN
AIRCRAFT AT THE MARCO ISLAND EXECUTIVE AIRPORT
DUE TO HANGAR DAMAGE CAUSED BY HURRICANE IRMA
May 22, 2018
Page 167
Item #16G2
RESOLUTION 2018-91: AUTHORIZING EXECUTION OF JOINT
PARTICIPATION AGREEMENT CONTRACT NO. G0V81 WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR
$51,045 FOR THE PURCHASE OF A NEW REFUELING TRUCK
AT THE IMMOKALEE REGIONAL AIRPORT. (FISCAL
IMPACT: $51,045 FDOT, $64,955 COUNTY
Item #16J1
EXECUTION OF A BUDGET AMENDMENT FROM 911
EMERGENCY PHONE SYSTEM FUND (611) RESERVES IN
THE AMOUNT OF $87,500 FOR COMMUNICATIONS
CONTRACTUAL SERVICES AND LICENSING (9-1-1) – FOR A
NEWSCI COGNITIVE INSIGHTS PLATFORM THAT WILL
PRO-ACTIVELY ASSIST THE COLLIER COUNTY 9-1-1
SYSTEM WITH ANALYZING AUDIO 9-1-1 CALL DATA
RECEIVED BY CCSO)
Item #16J2
APPROVAL FOR USE OF $500 FROM THE CONFISCATED
TRUST FUND (602) RESERVES TO SUPPORT THE FLORIDA
SHERIFFS YOUTH RANCHES
Item #16J3
RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
May 22, 2018
Page 168
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN APRIL 26 AND MAY 9, 2018
PURSUANT TO FLORIDA STATUTE 136.06
Item #16J4
BOARD’S APPROVAL AND DETERMINING A VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF MAY 16, 2018
Item #16K1
RESOLUTION 2018-92: APPOINTING DWIGHT OAKLEY TO
THE BAYSHORE/GATEWAY TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD
Item #16K2
RESOLUTION 2018-93: RE-APPOINTING MICHAEL J. CARR
TO THE HOUSING FINANCE AUTHORITY WITH TERM
EXPIRING ON SEPTEMBER 11, 2022
Item #17A
RESOLUTION 2018-94: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2017-18 ADOPTED
BUDGET – FOR BUDGET AMENDMENTS: #18-362 (HOUSING
GRANTS), #18-373 (GROWTH MANAGEMENT MATCH), #18-
381 (TRANSPORTATION DISADVANTAGED MATCH), #18-405
(CONSERVATION COLLIER ACQUISTIONS) AND #18-421
May 22, 2018
Page 169
(PARKS CAPITOL)
Item #17B
ORDINANCE 2018-26: AMENDING ORDINANCE NO. 97-8, AS
AMENDED, THE COLLIER COUNTY FALSE ALARM
ORDINANCE, TO CLARIFY THE REQUIREMENTS FOR THE
REGISTRATION AND RE-REGISTRATION OF ALARM
SYSTEMS AND THE RESPONSIBILITY FOR LATE FEES.
(SHERIFF’S REQUEST)
Item #17C - Moved to Item #9D (Per Agenda Change Sheet)
*****
May 22, 2018
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:33 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
ANDY SOLIS, CHAIRMAN
ATTEST
DWIGHT E. BROCK, CLERK
•
r 4 J J` .
Attest i s to r airm
signature only.
These minutes approved by the Board on line 1201
as presented L or as correcte
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 170
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
Andrew I. Solis Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY di COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collr
nty
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
May 22, 2018 MY IS: af ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAB) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis , hereby disclose that on May 22 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 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 May 22, 2018, the Board of County Commissioners will consider Agenda Item 16-A-3, a recommendation to
approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for
Marengo at Fiddler's Creek, and to authorize the County Manager, or his designee, to release the Final
Obligation Bond in the total amount of$4,000.
The owner, Lennar Homes, LLC, 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.
May 22, 20181 .4
Date Filed Signature
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.