BCC Minutes 07/10/2018 RJuly 10, 2018
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, July 10, 2018
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as the
Board of Zoning Appeals and as the governing board(s) of such special
districts as have been created according to law and having conducted
business herein, met on this date at 9:00 a.m., in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present
CHAIRMAN: Andy Solis
William L. McDaniel, Jr.
Donna Fiala
Burt L. Saunders
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Director of Finance & Accounting
Troy Miller, Communications & Customer Relations
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July 10, 2018
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
July 10, 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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July 10, 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. Rabbi Ammos Chorny of Beth Tikvah Synagogue
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. June 12, 2018 - BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
1) 20 YEAR ATTENDEES
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July 10, 2018
a) Dana Alger - Solid and Hazardous Waste
b) Lena Dye - Parks and Recreation
c) Paul Mattausch - Northeast Service Area, Water
d) Enrique Perez - Pelican Bay Services
e) Alex Sulecki - Conservation Collier
2) 25 YEAR ATTENDEES
a) Barry Erickson - Water
b) Robert Nese - Pelican Bay Services
3) 30 YEAR ATTENDEES
a) Tania Delgado - Transportation Engineering
B. ADVISORY BOARD MEMBERS
C. RETIREES
a) Pat Webb - Facilities Management (31 years of service)
D. EMPLOYEE OF THE MONTH
a) Recommendation to recognize Jecika Cook, Operations
Analyst, Growth Management Department, as the June 2018
Employee of the Month.
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating July 10, 2018 as Nancy Payton Day in Collier
County. To be accepted by Nancy Payton.
B. Proclamation designating recognizing the 30th anniversary of the Naples
New Haitian Church of the Nazarene and honoring church founder, Pastor
Jean Paul, for the contributions that he and his congregation have made to
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the county and the Bayshore Arts District. To be accepted by Pastor Jean
Paul.
C. Proclamation designating August 1, 2018 as Dwight E. Brock Remembrance
Day in Collier County. To be accepted by Cheryl Brock.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for July 2018 to
PANIRA Healthcare Clinic. To be accepted by the clinic founders,
Lawrence J. Egger and Geneve Mongene-Egger. Also present is Bethany
Sawyer from the Greater Naples Chamber of Commerce.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
A. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to adopt a Resolution of the
Board of Zoning Appeals of Collier County, Florida, granting a parking
exemption, to allow off-site parking on a contiguous lot zoned Residential
Single Family (RSF-4) and repeal Resolution No. 09-152, relating to a prior
parking exemption. The subject property is located between Rosemary Lane
and Ridge Street, in Section 22, Township 49 South, Range 25 East in
Collier County, Florida. (PL20170002684)
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 Number 2004-41, as amended, the Collier County
Land Development Code which includes the comprehensive zoning
regulations for the unincorporated area of Collier County, Florida, by
amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from a Rural Agricultural
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(A) zoning district within the ST/W-4 Overlay to a Residential Planned Unit
Development (RPUD) zoning district within the ST/W-4 Overlay, to allow
for development of up to 148 single family, two family and/or multi-family
dwelling units for a project to be known as 951 Villas RPUD; and providing
an effective date The subject property consisting of 37.5 acres is located on
the east side of Collier Boulevard approximately ½ mile north of the
intersection of Vanderbilt Beach Road and Collier Boulevard, in Section 35,
Township 48 South, Range 26 East, Collier County, Florida.
[PL20170003535]
B. This item is being continued indefinitely. 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 amend
landscape requirements to provide minimum size of replacement trees in
shopping centers and prohibit slash pine and bald cypress, 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 Four – Site Design and Development
Standards, including Section 4.06.01 Generally, Section 4.06.02 Buffer
Requirements, Section 4.06.03 Landscaping Requirements for Vehicular
Use Areas and Rights-of-Way, Section 4.06.05 General Landscaping
Requirements; 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 approve a Resolution opposing the infrastructure
design, construction and diversion of stormwater from Bonita Springs/Lee
County until a cooperative and coordinated review of all proposals related to
the diversion is completed with Collier County, including full public
outreach, and authorize the Chairman to sign a letter to the South Florida
Water Management District outlining the Board of County Commissioners’
position on this issue.
11. COUNTY MANAGER'S REPORT
A. Recommendation to adopt a resolution establishing Proposed Millage Rates
as the Maximum Property Tax Rates to be levied in FY 2018/19 and
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Reaffirm the Advertised Public Hearing dates in September 2018, for the
Budget approval process. (Mark Isackson, Corporate Financial and
Management Services Division Director)
B. This item was continued from the June 12, 2018 BCC Meeting and the
June 26, 2018 BCC Meeting. Recommendation to advertise a Resolution
expanding the Collier County Water-Sewer District’s Service Area
boundaries to coincide with the area permitted by Chapter 2003-353, Laws
of Florida. (Dr. George Yilmaz, Public Utilities Department Head)
C. Recommendation to authorize staff to advertise an amendment to Ordinance
No. 2007-65, as amended, which established and implements the
Conservation Collier Program. (Barry Williams, Director, Parks and
Recreation)
D. Recommendation that staff continue to pursue the Hack and Gore projects
and that the remainder of the recommended Conservation Collier A-List
properties be placed on the B-List, the Mayr property on the C-list and that
staff does not pursue acquisition of additional properties until a dedicated
funding source is identified and because there are more pressing priorities at
this time, and to provide direction on future cycles. (Barry Wi lliams,
Director, Parks and Recreation)
E. Recommendation to approve an Agreement for Sale and Purchase with Paul
A. Gore, Trustee of the Robert H. Gore III Inter Vivos Trust dated July 25,
1986, for approximately 168.87 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $755,000. (Barry Williams,
Director, Parks and Recreation)
F. This item was continued from the June 26, 2018 BCC Meeting.
Recommendation to approve the Collier County FY2018-2019 One-Year
Action Plan for U.S. Department of Housing & Urban Development (HUD)
for Community Development Block Grant (CDBG), HOME Investment
Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs,
including the reprogramming of funds from previous years and estimated
program income; approve the Resolution, HUD Certifications, and SF 424
Application for Federal Assistance; and authorize transmittal to HUD.
(Cormac Giblin, Manager - Housing and Grant Development, Community
and Human Services)
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G. Recommendation to award Bid No. 18-7322 to WPM-Southern, LLC, for
construction of the West Goodlette-Frank Road Joint Stormwater-Sewer
Project in the amount of $14,370,000 (of which $6,715,239 is the
responsibility of the County and $7,654,761 is the responsibility of the City
of Naples in accordance with the terms of an existing Interlocal Agreement),
authorize the Chairman to execute the Contract, authorize the necessary
budget amendments (Project No. 60142), contingent on the approval by the
City of Naples within 120 days of the revised Notice of Recommendation,
and authorize the Chairman to sign a letter to the City of Naples outlining
Collier County’s commitment to the project. (Amy Patterson, Director,
Capital Project Planning, Impact Fees and Program Management )
H. Recommendation to award Contract No. 18-7245, “Professional Services for
Collier County Comprehensive Watershed Improvement Plan,” for time and
material not to exceed $1,499,994 to Taylor Engineering.(Gary McAlpin,
Coastal Zone Manager, Capital Project Planning, Impact Fees and Program
Management)
I. Recommendation to award Invitation to Bid (ITB) No. 18-7407, “Institute
for Food and Agricultural Services Building Repairs” to DEC Contracting
Group, Inc. in the amount of $1,034,229.23, and authorize the necessary
Budget Amendments. (Sean Callahan, Director, Public Services Operations
Support Division)
J. Recommendation to award ITB No. 18-7316 Collier County Landscape
Beautification Master Plan “Collier Boulevard North - (Golden Gate
Boulevard to Immokalee Road) Landscape and Irrigation Installation” to
Hannula Landscaping and Irrigation, Inc., in the amount of $1,061,960.67
(Project No. 60206). (Joe Delate, Principal Project Manager, Road
Maintenance Division)
K. Recommendation to authorize a budget amendment in Solid Waste Disposal
Fund (470) in the amount of $1,500,000 to cover an increase in revenue and
expenses for debris related to Hurricane Irma affecting the Collier County
Landfill operating agreement. (Dilia Camacho, Interim Director, Solid and
Hazardous Waste Management Division)
L. Recommendation to authorize a Budget Amendment for the Facilities
Management Division in the amount of $1,500,000 within County-wide
Capital Projects Fund (301) to cover necessary Hurricane Irma repair work.
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(Dan Rodriguez, Deputy Department Head, 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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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Tract 4, Golden Gate
Estates, Unit No. 20 Replat, Application Number PL20180000898.
2) 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 Isles of Collier Preserve Phase
11, (Application Number PL20180001590) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
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3) 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 Greyhawk at Golf Club of the
Everglades Phase 3, (Application Number PL20180001192) approval
of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
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 Sutton Cay, (Application
Number PL20180000116) 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
approve for recording the final plat of Esplanade at Hacienda Lakes
Phase 4, (Application Number PL20180000648) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
6) 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 Enclave of Distinction,
(Application Number PL20160001475) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
7) 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 Isles of Collier Preserve Phase
12, (Application Number PL20180001783) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
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8) Recommendation to grant final acceptance of the private roadway and
drainage improvements for the final plat of Black Bear Ridge Phase I,
Application Number AR-6179 with the roadway and drainage
improvements being privately maintained; acceptance of the plat
dedications, and authorizing the release of the maintenance security.
9) Recommendation to grant final acceptance of the private roadway and
drainage improvements for the final plat of Black Bear Ridge Phase
II, Application Number AR-8381 with the roadway and drainage
improvements being privately maintained; acceptance of the plat
dedications, and authorizing the release of the maintenance security.
10) Recommendation to grant final acceptance of the private roadway and
drainage improvements for the final plat of Black Bear Ridge Phase
III, Application Number AR-9801 with the roadway and drainage
improvements being privately maintained; acceptance of the plat
dedications, and authorizing the release of the maintenance security.
11) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Reflection Lakes at Naples –
Phase 3A, Application Number 20120000147, and authorize the
release of the maintenance security.
12) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Fiddler’s Creek Phase Four Unit
Two, Application Number AR-8848; and authorize the release of the
maintenance security.
13) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
Neighborhood Shoppes at Orangetree, PL 20180000695 and to
authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) in the total amount of $207,643.42 to the
Project Engineer or the Developer’s designated agent.
14) Recommendation to approve final acceptance of the sewer utility
facilities for Wing South Airpark Extension, PL20160003610, and to
authorize the County Manager, or his designee, to release the Final
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Obligation Bond in the total amount of $4,000 to the Project Engineer
or the Developer’s designated agent.
15) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $10,040 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20150000745) for work associated with Willoughby Preserve.
16) Recommendation to authorize budget amendments to recognize
revenue and transfer funding for projects within the Transportation
Supported Gas Tax Fund (313) and Growth Management
Transportation Capital Fund (310) in the amount of $140,988.98
(Projects #60066, #60085, #60088, #69331, #69336, #69339 and
#69338).
17) Recommendation to approve a budget amendment totaling $255,400
that transfers funds from Project #60066 to Project #60016 to continue
implementation of intersection improvement programs for Vanderbilt
Beach Road (CR 862) at Buckstone Drive for median channelization;
Immokalee Road (CR 846) at Bellaire Bay Drive for median
channelization; and Immokalee Road (CR 846) at Woodcrest Drive
for traffic signalization.
18) Recommendation to award Request for Quote No. 14-6213 to Quality
Enterprises USA, Inc. for construction of the Vanderbilt Drive
Stormwater Outfalls Recovery Project in the amount of $462,394, and
authorize the issuance of a numbered work order/purchase order.
(Project No. 50154)
19) Recommendation to amend Exhibit "A" to Resolution No. 2013-239,
the list of Speed Limits on County Maintained Roads, to change the
speed limit within the designated sections of Golden Gate Boulevard,
Piper Boulevard, Pine Ridge Road, Immokalee Road and Vanderbilt
Drive.
20) Recommendation to approve the release of a code enforcement lien
with a value of $174,864.88 for payment of $564 in the code
enforcement actions entitled Board of County Commissioners v. Juan
Gutierrez, Code Enforcement Board Case No. CEPM20150003340
relating to property at 10361 Laredo Street, Collier County, Florida.
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21) Recommendation to approve an Adopt-a-Road Program Agreement
for the roadway segment of Airport Road from J & C Boulevard to
Vanderbilt Beach Road, with two (2) recognition signs and two (2)
Adopt-a-Road logo signs at a total cost of $200 with the volunteer
group, BEX Realty, LLC and cancel an Adopt-a-Road agreement with
Senior Housing Solutions.
22) Recommendation to approve an Adopt-a-Road Program Agreement
for the roadway segment of Golden Gate Blvd from Wilson Blvd and
Collier Blvd with two (2) recognition signs and two (2) Adopt-a-Road
logo signs at a total cost of $200 with the volunteer group, VIP
America of Southwest Florida, LLC.
23) Recommendation to award Invitation to Bid No. 18-7377,
"Emergency & Disaster Related Stabilization & Recovery Services
for Roadway Signs," to Highway Safety Devices, Inc. for services as
required in the event of an officially declared emergenc y.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board (CRAB), approve a
Purchase and Sale Agreement with John H. Smith at a cost not to
exceed $377,360 to purchase vacant property located at 3321
Bayshore Drive to construct a public parking lot for p atrons of local
businesses and authorize a Budget Amendment.
2) Recommendation that the Board of County Commissioner, acting as
the Community Redevelopment Agency Board (CRAB) approve the
fourth amendment to the Real Estate Purchase Agreement approved
April 26, 2016, dated May 9, 2016, between Real Estate Partners
International, LLC (Purchaser) and the CRAB (Seller), regarding the
Cell Tower Relocation Agreement and setting a closing date.
3) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board (CRAB), approves the
Agreement regarding Cell Tower between Crown Castle South, LLC
(Crown) and the CRAB, regarding the terms and conditions to
terminate the Cell Tower lease located on CRA property within th e
Bayshore Gateway Triangle Community Redevelopment Area and
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authorize necessary budget amendments.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve a Master Sales Agreement with Itron
Inc. for Advanced Metering Infrastructure Services, Collier County
Contract #18-7301-NS.
2) Recommendation to award Invitation to Bid No. 18-7353 “Marco
Island Collier County Sheriff's Office Restoration,” to The Mold Pros
of South Florida, Inc. and approve the attached Agreement in the
amount of $106,484.17.
3) Recommendation to award Invitation to Bid #18-7327, “Painting and
Pressure Washing,” to Florida Service Painting, Inc. d/b/a Service
Contracting Solutions, for County-wide Painting and Pressure
Washing.
4) Recommendation to award Contract No. 16-6639, “Variable TDS
Reverse Osmosis Conceptual Design”, to CH2M, for professional
engineering services to allow well water treatment of varying total
dissolved solids (TDS) in the amount of $367,403, and authorize the
Chairman to execute the attached contract and authorize the necessary
budget amendment (Project No. 70104).
5) Recommendation to award Invitation to Bid #18-7325 to Southern
Tank and Pump Company for the maintenance, repair and testing of
Collier County owned or operated storage tanks.
6) Recommendation to award a Work Order to Quality Enterprises USA,
Inc., in the amount of $212,965.26 for Lake Trafford Memorial
Gardens Drainage Improvements, Project No. 52525, authorize the
Chairman to execute the Work Order, and authorize Budget
Amendments in the amount of $149,132 to fully fund the project.
7) Recommendation to waive formal competition and approve the
purchase of software support from PenBay Solutions, LLC. to
continue migration of Facilities Management's assets and related data
attributes to the Enterprise Asset Management Platform (Cityworks)
in the amount of $15,000.
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July 10, 2018
8) Recommendation award bid number 18-7368, “Collier Boulevard and
Golden Gate Canal 36-inch Water Main Directional Drill,” Project
Number 71010, which includes directional drilling a 36-inch water
main under Golden Gate Canal to abandon the existing aerial water
main crossing, to Quality Enterprises USA, Inc., in the amount of
$728,970, and authorize the necessary budget amendment.
9) Recommendation to authorize single and sole-source waivers for the
purchase of equipment and services needed to repair and maintain
potable water production facilities, wastewater treatment facilities,
and distribution/collection systems infrastructure in order to meet
demand and maintain compliance of Public Utility Department
operations.
10) Recommendation to award Request for Proposal #18-7313, “HVAC
Replacement and New Installation” to United Mechanical, Inc., Juice
Technologies, Inc. d/b/a Plug Smart and DCI Systems Group, Inc., for
HVAC replacement and new installation services for anticipated
annual services in the estimated amount of $3,000,000 annually, and
to authorize the Chairman to execute the Agreements with awarded
contractors.
11) Recommendation to approve the proposed Agreement between the
State of Florida Department of Environmental Protection and the
Collier County Water-Sewer District to resolve certain claims by the
Department related to potential spills in the aftermath of Hurricane
Irma.
12) Recommendation to award Bid No. 18-7333, “Small Projects and
General Contracting Services,” to NR Contractors, Inc., as the
primary, and Capital Contractors, LLC, as the secondary contractors .
13) Recommendation to approve a $443,160 work order under Request
for Quotation #14-6213-124 to Douglas N. Higgins, Inc., to install a
wastewater force main along Oil Well road under Orange Tree Pump
Station and Force Main Project Number 70228, and authorize the
necessary budget amendment.
D. PUBLIC SERVICES DEPARTMENT
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July 10, 2018
1) Recommendation to approve and authorize the Chairman to execute a
Memorandum of Agreement between the Florida Fish and Wildlife
Commission and Collier County to restore and stabilize the Lake
Trafford shoreline and enhance the lake’s aquatic habitat at Ann
Olesky Park and make a finding that the related Tourist Development
Tax expenditure promotes tourism.
2) Recommendation to grant the City of Naples permission to access
County property at Clam Pass to facilitate landscape maintenance on
the adjacent City of Naples property.
3) Recommendation to approve a Release of Lien to combine release of
four (4) separate liens for a combined amount of $26,619.72 for
properties developed by Habitat for Humanity of Collier County, Inc.
that have remained affordable for the required 15 -year period set forth
in the State Housing Initiatives Partnership (SHIP) Impact Fee
Program.
4) Recommendation to approve the signing of one (1) Release of Lien
with a combined amount of $26,729.70 for deceased Habitat for
Humanity homeowners that received State Housing Initiative
Partnership (SHIP) Impact Fees for new construction of affordable
housing.
5) Recommendation to approve seven (7) Satisfaction of Mortgages with
a combined amount of $116,740 for deceased homeowners who
received State Housing Initiative Partnership (SHIP) and/or U.S.
Department of Housing & Urban Development (HUD) funds for
Residential Rehabilitation of their residential units.
6) Recommendation to accept the State Housing Initiatives Partnership
(SHIP) Program allocation in the amount of $576,606 and approve the
Budget Amendment for FY 2018-2019.
7) Recommendation accept an extension to the State Housing Initiatives
Partnership (SHIP) Program grant expenditure deadline for Fiscal
Years 2014/2015 and 2015/2016 granted by the Florida Housing
Finance Corporation.
8) Recommendation accept and execute the grant award from the Florida
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July 10, 2018
Department of Environmental Protection Coastal Partnership Initiative
Program for the amount of $30,000 for the map and user information
development for Phase II of the Paradise Coast Blueway Paddling
Trail and authorize the necessary budget amendments.
9) Recommendation approve and authorize the Chairman to sign the
Application and Notice of Interest - Electronic Lien and Title Process
form for the administration of the State Housing Initiatives
Partnership (SHIP) Program Demolition and/or Replacement of
Manufactured Housing.
10) Recommendation to accept a Fiscal Year 2018-19 Local Program
Administrative Support Grant award in the amount of $26,962 from
the Florida Commission for the Transportation Disadvantaged (CTD);
execute an agreement between the Community Transportation
Coordinator (CTC) and the Collier Metropolitan Planning
Organization (MPO), and authorize the necessary Budget
Amendment.
11) Recommendation approve a Budget Amendment appropriating
additional funds for the purchase and installation of the backup
generator at the Marco Island Historical Museum to facilitate the Key
Marco artifacts loan project.
12) Recommendation to approve an “after-the-fact” second amendment
and attestation statement with the Area Agency on Aging for
Southwest Florida, Inc. (Agency), Home Care for the Elderly (HCE)
Grant Program for Services for Seniors and authorize a Budget
Amendment to ensure continuous funding for FY2017/2018.
13) Recommendation adopt a Resolution repealing all previous
resolutions establishing and amending parts of the Collier County
Parks and Recreation Division Facilities and Outdoor Areas License
and Fee Policy and establish standard rates for the new Eagle Lakes
Aquatic Center, update team league seasonal fees, include a daily fee
for certain commercial entities making deliveries at beach park
facilities, and to include offsite preservation fees for Conservation
Collier.
E. ADMINISTRATIVE SERVICES DEPARTMENT
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July 10, 2018
1) Recommendation to approve a Resolution to execute a standard form
Interlocal Agreement for use with local governments, independent fire
districts and other first responder agencies for re-fueling during
wildfires or extended fire response without further Board action .
2) Recommendation to approve the addition of one (1) classification to
the 2018 Fiscal Year Pay & Classification Plan made from April 1,
2018 to June 30, 2018.
3) Recommendation to approve the purchase of Group Life insurance,
Accidental Death insurance, Long Term Disability insurance, Short
Term Disability Claims and Family Medical Leave Act
Administration Services (Agreement #18-7409) from Reliance
Standard/Matrix Absence Management, Inc., for a three-year period
effective January 1, 2019, in the estimated annual amount of
$670,994.
4) Recommendation to approve and authorize the Chair to sign an
Assumption Agreement to Aptim Coastal Planning & Engineering,
Inc. assigning all rights, duties and benefits, and obligations under
Agreement #13-6164-CZ.
5) Recommendation to approve and authorize the Chair to sign three (3)
Assumption Agreements to Aptim Environmental & Infrastructure,
Inc. (f/k/a CB&I Environmental & Infrastructure, Inc.) assigning all
rights, duties and benefits, and obligations under Agreements #15-
6382, #15- 6397 and #17-7097.
6) Recommendation recognize and appropriate revenue for current year
reimbursements to EMS in the amount of $50,000.
7) Recommendation recognize accrued interest from the period of
January 2018 through March 2018 earned by EMS County Grant and
appropriate funds for a total amount of $538.31.
8) Recommendation to accept a donation of one Aeroclave
Decontamination System purchased for Emergency Medical Services
by the Collier Healthcare Emergency Preparedness Coalition in the
amount of $10,124.
Page 18
July 10, 2018
9) Recommendation to award Invitation to Bid (ITB) #18-7406,
“Emergency Fuel” to Palmdale Oil Company Inc. as primary and Pro
Energy LLC. as secondary.
10) Recommendation to approve the Administrative Report prepared by
the Procurement Services Division for disposal of property and
notification of revenue disbursement.
11) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
12) Recommendation to extend existing contract to JetPay Payment
Services, FL, LLC under Agreement #06-3972, “Credit Card and
ACH Processing” for a period of six months to allow staff to complete
negotiations and implementation of a payment processing and related
services contract for credit card processing and related services.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve Tourist Development Tax Promotion
Funds to support the upcoming September 2018 Sports Tourism
Events up to $23,300 and make a finding that these expenditures
promote tourism.
2) Recommendation to approve Tourist Development Tax Promotion
Funds to support the 2019 American Junior Golf Association Junior
Championship up to $10,000 and make a finding that this expenditure
promotes tourism.
3) Recommendation to approve Amendment #3 to Collier County’s
Agreement with Pro Watercross to host the 2018 Pro Watercross
World Championships in Collier County, approve Tourist
Development Tax Promotion funding in the amount of $147,500 for
local event expenses, and make a finding that this expenditure
promotes tourism.
4) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
Page 19
July 10, 2018
including $25,000 and $50,000, respectively.
5) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2017-18 Adopted Budget.
6) Recommendation to authorize remittance of $142,830 to Everglades
City in accordance with the Interlocal Agreement to provide financial
assistance for Hurricane Irma damages and remediation efforts.
7) Recommendation to approve Contract #18-7387, “Annual Audit
Services,” with Clifton Larson Allen LLP for three years of auditing
services in an aggregate amount of $1,071,000 and authorize
execution of an audit engagement letter.
8) Recommendation to award RFP #18-7294 “Collier County Naming
Rights and Sponsorship” to The Superlative Group, authorize the
Chairman to execute the associated agreement and approve all
required fund transfers.
9) Recommendation to accept a Warranty Deed from Ave Maria
Development, LLLP, and authorize credits for impact fees.
G. AIRPORT AUTHORITY
1) Recommendation to approve the after-the-fact submittal of the
attached Federal Aviation Administration grant application requesting
$4,863,385 for construction of an aircraft apron and airfield safety
improvements at the Marco Island Executive Airport .
2) Recommendation to award Invitation to Bid No. 18-7332 Marco
Island and Everglades Airport Hangar Repairs to Alen Construction
Group, Inc. for $541,296, and to authorize the Chairman to Execute
the contract, and authorize the necessary budget amendments (Project
No. 50154).
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
Page 20
July 10, 2018
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to increase the budgeted donation for the Boy
Scouts of America – Southwest Florida Council, Inc., an additional
$10,000 for a total $15,000 donation from the Confiscated Trust
Funds.
2) Recommendation to authorize a budget amendment re-appropriating
$762,579.46 from Sheriff Capital Projects Program #53011 to
Program #50159 for the purchase of a new Access Management
System.
3) Recommendation to provide approval to designate the Sheriff as the
official applicant and point of contact for the U.S. Department of
Justice, Office of Justice Programs, Bureau of Justice Assistance
STOP Violence Threat Assessment and Technology Program Grant
FY2018. Authorize the acceptance of the grant when awarded,
approve associated budget amendments and approve the Collier
County Sheriff’s Office to receive and expend 2018 grant funds.
4) Recommendation to approve and authorize the Chairman to sign an
Agreement Authorizing the Collier County Sheriff’s Office to have
Traffic Control Jurisdiction over Private Roads within the Riverstone
at Naples subdivision.
5) To provide the Board of County Commissioners the Clerk of the
Circuit Court’s Internal Audit Report 2018-4 Payroll Audit Pelican
Bay Services Division, issued on, July 3, 2018.
6) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of July 3,
2018.
7) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between June 14 and June 27, 2018 pursuant to Florida Statute
136.06.
K. COUNTY ATTORNEY
Page 21
July 10, 2018
1) Recommendation to appoint a member to the Collier County Citizen
Corps.
2) Recommendation to appoint a member to the Senior Advisory
Committee.
3) Recommendation to reappoint a member to the Contractors Licensing
Board.
4) Recommendation to approve a Mediated Settlement Agreement in the
amount of $39,000 for full compensation for the taking of Parcel
414RDUE, plus $8,217 for statutory attorney fees and $6,850 for
expert fees and costs, in the case styled Collier County v. Lourdes
Perez Bello, et al., Case No. 17-CA-1390 required for improvements
to Golden Gate Blvd. (Project No. 60145). [Fiscal Impact: $38,667]
5) Recommendation to approve a Joint Motion and Stipulated Final
Judgment in the amount of $39,000 for Parcel 449RDUE, plus
$8,028.90 for statutory attorney’s fees and $6,850 for expert fees and
costs, in the lawsuit captioned Collier County v. David Martinez, et al,
Case No. 17- CA-1454, required for the Golden Gate Boulevard
Expansion Project No. 60145. (Fiscal Impact: $38,568.90 )
------------------------------------------------------------------------------------------------------------
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 receive d 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 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
Page 22
July 10, 2018
Collier County, Florida, by providing for: Section One, Recitals; Section
Two, Findings of Fact; Section Three, Adoption of Amendments to the Land
Development Code, more specifically amending: Chapter Three - Resource
Protection, including Section 3.05.07 Preservation Standards, to amend
design standards relating to offsite preserves and to modify requirements for
monetary payment and land donation off- site preserve alternatives; Section
Four, Conflict and Severability; Section Five, Inclusion in the Collier
County Land Development Code; and Section Six, Effective Date.
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 an Ordinance
amending Ordinance Number 12-26, as amended, the Bent Creek Preserve
RPUD, to amend the Master Plan to change the designation of a 1.27± acre
area in the northwest portion of the PUD from Recreation Area (“RA”) to
Residential (“R”), to remove cellular communication towers from the list of
permitted principal uses in Tract RA, to reduce the minimu m front yard
setback for single-family attached and townhouse to 15 feet, and to add a
footnote to the Development Standards Table relating to front yard setbacks
on corner lots for property consisting of 138.4± acres, located approximately
one-half mile east of the intersection of Collier Boulevard and Immokalee
Road, in Section 26, Township 48 South, Range 26 East, Collier County,
Florida. [PL20170002382]
C. Recommendation to approve by Resolution the Staff-proposed Petition for
Growth Management Plan Amendments to the Future Land Use Element,
the Golden Gate Area Master Plan, Housing Element and the Immokalee
Area Master Plan, Providing for Changes to Affordable Housing Density
Bonuses Available by the Density Rating System as Authorized or Directed
by the Board of County Commissioners, on February 27, 2018, Item No.
11.A., for Transmittal to the Florida Department of Economic Opportunity
for Review and Comments Response. (Transmittal Hearing)
(PL20180001205/CPSP-2018-4)
D. Recommendation to approve a Resolution amending the Water-Sewer
District Utilities Standards Manual for critical infrastructure resiliency and
other improvements.
E. Recommendation to approve an Ordinance amending the Collier County
Utilities Standards and Procedures Ordinance for critical infrastructure
Page 23
July 10, 2018
resiliency.
F. Recommendation to adopt Resolutions: 1) amending Schedules One, Two,
Three, Four, and Five of Appendix A to Section Four of Collier County
Ordinance No. 2001-73, as amended, titled the Collier County Water-Sewer
District Uniform Billing, Operating, and Regulatory Standards Ordinance,
with effective dates of October 1, 2018, October 1, 2019, and October 1,
2020; and, 2) adjusting the Collier County Water-Sewer District Bulk
Potable Services Water rates within the Hammock Bay Service Area, as
authorized by the Potable Water Bulk Services Agreement, with effectives
dates of October 1, 2018, October 1, 2019, and October 1, 2020.
G. Recommendation to adopt an ordinance amending Collier County Ordinance
No. 84-37, as amended, known as the State of Emergency Ordinance, to
provide that curfews and other authorized emergency measures taken during
civil emergencies will be enacted via Resolution.
H. Recommendation to adopt an ordinance amending the Local Preference
Policy as set forth in the County’s Procurement Ordinance.
I. Recommendation to adopt an ordinance which would create the Interchange
Activity Center No. 9 Innovation Zone, to be located at the intersection of I-
75 and Collier Blvd. to facilitate economic development by establishing an
Economic Development Plan and Trust Fund, setting a base tax year for the
Fund, and reimbursing eligible expenditures as authorized in advance by the
Board for use in encouraging economic growth.
J. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2017-18 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
July 10, 2018
Page 2
MR. OCHS: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, you have a live mic.
CHAIRMAN SOLIS: Welcome, everyone, to the July 10th,
2018, Board of County Commissioners meeting.
We'll begin today's meeting with the invocation by Rabbi Ammos
Chorny of Beth Tikvah Synagogue.
RABBI CHORNY: Good morning.
COMMISSIONER FIALA: Good morning.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
RABBI CHORNY: Our God and all our ancestors, grant our
country the will and the wherewithal to fulfill its calling to justice,
liberty, and equality. May each of us fulfill our responsibilities of
citizenship with care, generosity, and gratitude ever conscious of the
extraordinary blessing of freedom, ever mindful of our duties to one
another.
Bless those who volunteer to labor on behalf of all of us. May
that they find the strength and courage to complete their task and fulfill
their dreams.
May our judges, elected leaders, and all who hold public office
exercise their responsibilities with wisdom, fairness, and justice for all.
Fill them with love and kindness and bless them that they may walk
with integrity on the paths of peace and righteousness. Amen.
CHAIRMAN SOLIS: Commissioner McDaniel, would you lead
us in the Pledge.
COMMISSIONER McDANIEL: Be honored, sir.
With me, ladies and gentlemen.
July 10, 2018
Page 3
(The Pledge of Allegiance was recited in unison.)
MR. OCHS: Good morning, Commissioners.
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMEBERS FOR CONSENT
AGENDA) – APPROVED AND/OR ADOPTED W/CHANGES;
MOTION TO RESEND VOTE TO HEAR SPEAKER –
APPROVED; MOTION TO APPROVE THE CONSENT AND
SUMMARY AGENDA – APPROVED AND/OR ADOPTED
W/CHANGES; (COMMISSIONER SOLIS ABSTAINED FROM
VOTING ON ITEM #16C9)
These are the proposed agenda changes for the Board of County
Commissioners meeting of July 10th, 2018.
The first proposed change is to move Item 16D13 from the
consent agenda. It will become Item 11M on today's regular agenda.
This is a discussion of park and recreation fee policy. This was moved
at Commissioner Fiala's request.
The next proposed change is to withdraw Item 16E10. This is a
withdrawal at the staff's request.
The next proposed change is not on your change sheet,
Commissioners. It just came to us early this morning. It's a request by
the petitioner to continue Item 8A. That was an item listed under the
Board of Zoning Appeals having to do with a parking exemption. That
is continued to September at the petitioner's request.
We have two time-certain items on today's agenda. The first is
Item 10A, and that is scheduled to be heard immediately following
Item 7, which is your public comments section of your agenda, and
July 10, 2018
Page 4
your second time-certain is Item 11G. That will be heard at 1 p.m. this
afternoon. That is an item related to a joint project between the county
and the city having to do with a combined stormwater and sanitary
sewer project.
Those are all the changes that I have this morning, Mr. Chairman.
CHAIRMAN SOLIS: County Attorney?
MR. KLATZKOW: No changes, sir.
CHAIRMAN SOLIS: The Clerk?
MS. KINZEL: No, thank you.
CHAIRMAN SOLIS: Very good. No changes.
We'll go to ex parte and disclosures. Commissioner McDaniel.
COMMISSIONER McDANIEL: I have no ex parte on the
consent and summary, and I would like -- I don't wish to pull it, but I
would like to register a nay on 17A. I'm not happy with the -- nor have
been happy with the division on the preserve acreage and things. So I
just want to be registered as a nay. And no other disclosures on those
items.
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: Thank you. I have no additions, no
corrections, no disclosures, and I'm done.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes. No disclosures. Yeah, no
disclosures.
MR. OCHS: Into the mic, please.
COMMISSIONER TAYLOR: Beg your pardon. I'll say it again.
No disclosures and no changes to the agenda.
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: I have no disclosures and no
changes to the agenda as well. Thank you.
CHAIRMAN SOLIS: And I have no disclosures and -- well, I've
got no ex parte disclosures. I will not be voting on 16C9. There's a
July 10, 2018
Page 5
potential conflict. Other than that, nothing else.
COMMISSIONER FIALA: So I make a motion to approve the
agenda.
COMMISSIONER McDANIEL: 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: Motion carries.
MR. OCHS: Item 2B is approval of your June 12th, 2018, BCC
meeting minutes.
MR. MILLER: Mr. Chairman, I'm sorry. I neglected to remind
you; I talked to you before. We have a register for a consent agenda
item. I am so sorry.
16J5, Dr. Joseph Doyle, has registered to speak and has been
ceded three minutes from Sandy Doyle.
CHAIRMAN SOLIS: Okay.
COMMISSIONER SAUNDERS: Mr. Chairman, should we go
ahead and make a motion to withdraw that vote and then --
CHAIRMAN SOLIS: Yes.
MR. MILLER: My apologies, sir.
COMMISSIONER SAUNDERS: I'll make a motion to rescind
the vote on the consent agenda for purposes of listening to the speaker
and then taking that item again.
COMMISSIONER McDANIEL: Good idea. Second.
COMMISSIONER FIALA: Second.
July 10, 2018
Page 6
COMMISSIONER McDANIEL: Third.
CHAIRMAN SOLIS: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle,
Naples. I'm here on behalf of my mother, who's the property owner in
Pelican Bay.
On July 3rd the Clerk released an audit of the Pelican Bay
Services Division. It emphasized payroll, and I'm here to request that
this item be placed on today's regular agenda for commissioner
discussion for potential personnel and legal action.
The internal audit released by the Clerk is very troubling. The
34-page document covers payroll for a three-and-a-half year time
period of Fiscal Year 2015 through Fiscal Year 2018, March 30th of
this year, which is half a year.
The administrator, who is a nine-year contractor and former
county employee; the operations manager, who is a three- to four-year
employee; and the operations analyst, who is a 20-plus-year employee,
at a minimum, failed to follow county government payroll policies and
procedures.
We hereby call for the immediate cancellation of the
administrator's contract with the county as well as the immediate
termination of the employment of the operations manager and
operations analyst with full forfeiture of retirement and other benefits.
This report comes on the heels of a recent Pelican Bay Services
July 10, 2018
Page 7
Division budget request for a 56 percent increase in the annual non-ad
valorem assessment from $652 up to $1,017 per residential unit for
Fiscal Year 2019.
The county administrative practices and procedures as well as
state and federal rules and regulations are established to provide
internal control check and balance and to ensure that members of
organizations conduct business efficiently and honestly.
The payroll audit clearly shows that the Pelican Bay Services
Administrator and key staff simply disregarded county administrative
practice and procedures and state rules. A majority of the payroll
records are inconsistent, inaccurate, and incomplete. There is no
proper tracking of time and attendance, leave and compensatory time,
separation of duties, performance evaluation of employees for the past
three years.
Pleading ignorance of county administrative practices and
procedures is unacceptable, as the offenders have worked for the
county for many years, and even decades, and they also claim that they
were trained in payroll and recording procedures.
There is zero accountability at the Pelican Bay Services Division.
If it were not for this audit, no one would know what's going on. The
Fiscal Year 2018 payroll for Pelican Bay Services Division is almost
$1.5 million for 18 full-time employees.
It's unacceptable that the administrator never took any
responsibility for his failure to supervise, even though he is a contract
administrator, and for his failure to actually fulfill his contract. And in
fact, his responses to this audit and solution for staff to receive
additional training and payroll procedures and shift all, really, blame --
shifts the blame to the staff. But, more importantly, these staff have
been -- one is an over 20-year county employee. This is theft of
taxpayer money.
You know, I just looked in the Naples Daily News this morning,
July 10, 2018
Page 8
and the City of Marco Island has an employee that had a DUI over the
weekend, and already people are calling for her to resign, and that was
on her own time, and she didn't steal any city funds. This is
unacceptable. Ultimately, this -- they are an advisory board to you.
The buck stops with you. They are county employees even though
they work in the Pelican Bay Services Division office.
So, at a minimum, we need to pull this and discuss this, and I
think we need to take personnel action.
I will be talking to the Pelican Bay themselves tomorrow, because
this is the first time they will be meeting since this report was released,
and they need to put in more governance controls.
Okay. But these are county employees, and the buck stops here.
Thank you.
CHAIRMAN SOLIS: Any comment from the Board?
COMMISSIONER SAUNDERS: I think I'd like to ask the Clerk
just a quick question, because I know the Clerk has been very vigilant
in auditing, and I want to just see if my assumption is correct that
you're on top of this and understand what the issues are.
MS. KINZEL: Commissioners, we -- thank you for asking.
Crystal Kinzel, for the record.
We performed the audit. The audit is before you. Management
has commented on the actions that they propose to take in the future.
It really is just a Board policy matter that management will address the
results of the audit in, hopefully, the appropriate manner, and I think
they've agreed to do that in their response. But you have the full report
as part of the agenda.
COMMISSIONER SAUNDERS: You'll keep us informed as
things progress in terms of their response to this and the corrective
measures then.
MS. KINZEL: Sure. We're working with the county staff and
with the administer, and we'll make sure that action is taken.
July 10, 2018
Page 9
CHAIRMAN SOLIS: And there's been some accusations made
of theft. I mean, I wasn't aware that there's specific items in the audit
that --
COMMISSIONER McDANIEL: There was.
CHAIRMAN SOLIS: -- where theft has actually occurred.
MS. KINZEL: We believe that it does need to be looked at
further, Commissioner Solis.
CHAIRMAN SOLIS: Okay. But it's being addressed, and you
feel comfortable that management is going to be -- they've addressed
your concerns and will be making changes that you're going to
monitor?
MS. KINZEL: They have represented to us that they will make
the appropriate changes and take action regarding the issues that we
brought forward. So we certainly will follow up, as Commissioner
Saunders has asked, and continue to work with county staff and the
Pelican Bay administrative board to the satisfaction of the
commissioners and, hopefully, the Pelican Bay board also.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. And just on that note, I
read the audit of Dr. Doyle's.
With all due respect, I think at this time we should let this go
through the proper processes, the processes that are, in fact, in place.
Our Clerk's reviewed the audit, has spoke with staff on a regular basis.
And I believe that the management will take the necessary efforts, do
their own internal investigations, and make the moves that are
necessary if, in fact, it's warranted, so...
CHAIRMAN SOLIS: Commissioner Taylor -- but I was just
going to ask first, is there anybody here from management? No.
Okay.
COMMISSIONER TAYLOR: My question would be, if we
approve this on the consent agenda, does that preclude us from
July 10, 2018
Page 10
bringing it back in the fall, giving the Pelican Bay board time to
discuss this? County Attorney Klatzkow?
MR. KLATZKOW: No, it does not preclude you from doing
that. You're just accepting the report. What you want to do with the
report later is completely up to you.
COMMISSIONER TAYLOR: Okay, that's fine. As long as --
other than that, I would suggest that we would continue this item. But
let's accept the report, let's allow the board to discuss it, and maybe
look at this in the fall. I'm not saying we're going to, but I am
concerned, for obvious reasons.
COMMISSIONER McDANIEL: We're all concerned; sure.
CHAIRMAN SOLIS: Very good.
COMMISSIONER McDANIEL: And did you hit your button?
COMMISSIONER TAYLOR: No.
COMMISSIONER McDANIEL: One more point -- and,
Commissioner Taylor, when I was speaking with staff about this, I
believe the contract for the management is up in September as well.
So it's renewed on an annual basis, is my understanding, so there is
time to allow this to go through the --
COMMISSIONER TAYLOR: To allow it.
COMMISSIONER McDANIEL: -- the necessary channels.
So with that, I'll make a motion for the approval of the consent
and summary agendas.
COMMISSIONER TAYLOR: No.
CHAIRMAN SOLIS: Oh, right, because we rescinded that so the
speaker could speak.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER TAYLOR: I'll second that.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
July 10, 2018
Page 11
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries. Thank you.
Item #2B
JUNE 12, 2018 BCC MEETING MINUTES – APPROVED AS
PRESENTED
MR. OCHS: So now we go to 2B, Mr. Chairman. That's the approval
of your June 12th, 2018, BCC meeting minutes.
COMMISSIONER SAUNDERS: A motion to approve.
COMMISSIONER TAYLOR: Second.
COMMISSIONER FIALA: And second.
CHAIRMAN SOLIS: There's a motion and second to approve
the June 12th, 2018, meeting minutes. 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: Thank you, Commissioners.
That moves us to Item 3 on today's agenda, service award
recognition. We have a number of employees that we'd like to
July 10, 2018
Page 12
recognize this morning. If the commissioners could join us in the front
of the dais, please.
Item #3
CONGRATULATIONS BY COUNTY MANAGER TO PARKS &
REC EMPLOYEES DANIEL DIAZ AND CARLOS CABRERRA
ON BECOMING US CITIZENS
Commissioner, this morning we have a number of employee
service awards, but before we get to those, I'd like to first recognize
three of our colleagues in our parks and recreation division, at least
two that I know are here today, hopefully the third. All three of these
gentlemen will be taking the Oath of Allegiance at the U.S. Citizenship
and Immigration Service in Fort Myers this afternoon to become U.S.
citizens.
(Applause.)
MR. OCHS: All three of these gentlemen are greatly admired by
their colleagues at Parks and Recreation, and I'd like to introduce them
to you and to the audience. We have Daniel Diaz; he's been with Parks
and Recreation for 15 years. And Carlos Cabrera, who has been
working with Parks and Recreation since 2000 working at our
Vineyards Community Park. So congratulations to both of them.
(Applause.)
MR. OCHS: Gentlemen, we'd like to get a nice picture. Stand in
the middle. Commissioner Fiala, help get them organized there, okay.
We know you can do it.
COMMISSIONER FIALA: That's good.
And we have a third one that's making it, but he's rushing in. He
hasn't been able to make it back yet for this. But I'm just so proud of
you guys. You've worked very hard to be citizens. And we've found
July 10, 2018
Page 13
throughout the years the people that have worked hard to gain their
citizenship are always the best citizens, so I'm proud of you.
MR. OCHS: Congratulations, gentlemen.
(Applause.)
MR. OCHS: We're hoping Osmund Condi can join you later in
the day, and we can congratulate him as well.
Item #3A1
AWARDS AND RECOGNITIONS: EMPLOYEE 20 YEAR
ATTENDEES – PRESENTED
So that moves us onto our service awards this morning,
Commissioners. Our first category are employees who are celebrating
20 years of service with county government. I'd like to first recognize
from our solid and hazardous waste division, 20 years of service for
Dana Alger. Dana.
(Applause.)
MR. OCHS: Congratulations.
(Applause.)
MR. OCHS: Celebrating 20 years of service with Parks and
Recreation, Lina Dye.
(Applause.)
MR. OCHS: Celebrating 20 years of service with our Public
Utilities Division, Paul Mattausch.
(Applause.)
MR. OCHS: Congratulations, Paul.
(Applause.)
MR. OCHS: Celebrating 20 years with our Pelican Bay Services
Division, Enrique Perez. Enrique?
(Applause.)
July 10, 2018
Page 14
MR. OCHS: And our final 20-year service award recipient this
morning from our Conservation Collier program, Alex Sulecki. Alex?
(Applause.)
MR. OCHS: Congratulations, Alex.
Alex wants five more years of credit because she was with the
Clerk's Office for five years before coming to us.
COMMISSIONER McDANIEL: That's a bonus.
MR. OCHS: That's right.
Item #3A2
AWARDS AND RECOGNITIONS: EMPLOYEE 25 YEAR
ATTENDEES – PRESENTED
Commissioners, that takes us to our 25-year service award
recipients. We have two this morning joining us. First from our Water
Department celebrating 25 years of service, Barry Erickson. Barry?
(Applause.)
MR. OCHS: Also celebrating 25 years of service with our
Pelican Bay Services Division, Robert Nese. Robert?
(Applause.)
MR. OCHS: Congratulations, Robert.
Item #3A3
AWARDS AND RECOGNITIONS: EMPLOYEE 30 YEAR
ATTENDEE – PRESENTED
Commissioners, we have the honor of celebrating an employee
recognized for 30 years of service to county government this morning
from our Transportation Engineering Department, Tania Delgado.
July 10, 2018
Page 15
(Applause.)
Item #3C1
RECOGNIZING RETIREE PATT WEBB – FACILITIES
MANAGEMENT (31 YEARS OF SERVICE) – PRESENTED
MR. OCHS: Commissioners, we also have the pleasure of
welcoming back one of our recent retirees. This gentleman served 31
years with county government in our Facilities Management
Department. We welcome back Pat Webb. Pat?
(Applause.)
CHAIRMAN SOLIS: I can't talk you into a couple more?
(Applause.)
MR. OCHS: Congratulations, buddy. Well done.
ADDED – CONGRATULATIONS TO TIM DURHAM ON HIS
LAST DAY OF WORK FOR COLLIER COUNTY
Commissioners, I'm going to go off script for our last recognition
this morning. This morning or today, I should say, Mr. Tim Durham
in our office is celebrating his last day of employment with the county.
Tim has had a distinguished career in county government. He's served
for the County Attorney and also, obviously, with Ms. Edwards in the
Supervisor of Elections office, and I've had the pleasure of working
daily with Tim in my office over the last five years.
So with your indulgence, I'd like to call Tim up and have a picture
with the Board, get recognized for his service. Tim?
(Applause.)
MR. DURHAM: Did you want a kiss, sir?
MR. OCHS: Now you know why it's time for Tim to go. Yeah,
July 10, 2018
Page 16
we need a picture.
CHAIRMAN SOLIS: There's some people here that I think have
worked with him for a long time. Should we get a picture with
everybody?
MR. OCHS: Let's get Tim first, and then we'll get the group up.
All right.
CHAIRMAN SOLIS: Come on, everybody that's here. Yeah,
let's have a -- it will be in the news tomorrow.
COMMISSIONER TAYLOR: Oh, she's vertically challenged.
She's easy to squeeze in.
MR. OCHS: Congratulations. Thank you.
(Applause.)
MR. OCHS: You can all finally sit down now. Thank you.
CHAIRMAN SOLIS: I really just wanted a hug, but...
Item #3D1
RECOGNIZING JECIKA COOK, OPERATIONS ANALYST,
GROWTH MANAGEMENT DEPARTMENT, AS THE JUNE 2018
EMPLOYEE OF THE MONTH – RECOGNIZED
MR. OCHS: Mr. Chairman, that moves us to Item 3D1 on your
agenda this morning.
Ladies and gentlemen, if you could leave the room quietly,
please. Thank you very much.
This item is a recommendation to recognize Jessica Cook,
operations analyst with our Growth Management Department, as the
June 2018 Employee of the Month.
Jessica, if you'd please step forward.
(Applause.)
COMMISSIONER FIALA: The cheering section is so nice.
July 10, 2018
Page 17
Congratulations.
MR. OCHS: Stand right there, Jessica. Stay right there, stay
right there, stay right there.
Let me tell the audience a little bit about you. Commissioners
and public, Jessica's been with our Growth Management Department
since 2005, and she works in our GIS and records management
section.
In the last year she's been very involved in implementing our
enterprise asset management system in the Growth Management
Department. This is a very complex project involving multiple
divisions across two departments and migrating over 10 years worth of
data and over a half a million records from our old system, converting
to the new one.
She's done it with ultimate knowledge, skill, and ability. She's
pulled the team together. I'm happy to tell you under her leadership
the project was completed ahead of schedule and under budget, and it's
for these reasons, and many others, that Jessica's very deserving of this
award this morning. And it's my honor to present Jessica Cook as the
June 2018 Employee of the Month. Congratulations, Jessica.
(Applause.)
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING JULY 10, 2018 AS NANCY
PAYTON DAY IN COLLIER COUNTY. ACCEPTED BY NANCY
PAYTON – ADOPTED; READ INTO THE RECORD BY
July 10, 2018
Page 18
COMMISSIONER SOLIS
MR. OCHS: Commissioners, that takes us to proclamations this
morning. Item 4A is a very special proclamation designating July
10th, 2018, as Nancy Payton Day in Collier County. To be accepted
by the one and only Nancy Payton.
(Applause.)
CHAIRMAN SOLIS: And I think I'd like to read the
proclamation.
It says, Whereas, Nancy Payton has spent nearly 30 years as an
environmental policy advocate with the Florida Wildlife Federation
and is recognized as one of the primary faces of the Collier County
environmental movement; and,
Whereas, Ms. Payton worked cooperatively and in collaboration
with Collier County government to guide policy efforts to protect
listed species and in regard to proposed growth in Collier County's
rural fringe and eastern lands, bringing balance to water flows and
habitat for endangered species with development; and,
Whereas, Ms. Payton, with her spirit of partnership and
innovative problem solving generated voter support in 2002 to begin
the Conservation Collier program enabling the county to buy and
manage more than 4,000 acres of environmentally sensitive lands in 19
locations; and,
Whereas, Ms. Payton was successful in building bridges rather
than walls and forging productive relationships and alliances with the
entire environmental community; and,
Whereas, to recognize Ms. Payton's advocacy and dedication to
protecting the environment of Collier County and Southwest Florida, a
Conservation Collier preserve was named in her honor, the Nancy
Payton Preserve; and,
Whereas, the Collier County Board of County Commissioners
July 10, 2018
Page 19
values Ms. Payton's contributions to our community.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that this day be proclaimed
Nancy Payton Day.
(Applause.)
MS. PAYTON: Meredith and Franklin, wouldn't you --
COMMISSIONER McDANIEL: Isn't today the Nancy Payton
Day?
MS. PAYTON: Yes, but...
COMMISSIONER McDANIEL: Do what you want.
CHAIRMAN SOLIS: Exactly.
(Applause.)
CHAIRMAN SOLIS: Oh, Nancy, I'm sorry. There's also a
plaque.
MS. PAYTON: Oh, my. Thank you, thank you. Let me step over
here and say thank you.
Briefly. Commissioners and staff, thank you very much for this
special day, special recognition, and also for the Nancy Payton
Preserve.
I'm retiring, and I'm looking forward to it, but Florida Wildlife
Federation is not. That is going to continue on. It's now represented
by, and quite ably, Meredith Barnard, who joined in the photograph,
and Franklin Adams. There wouldn't be a Florida Wildlife Federation
in Southwest Florida if it weren't for Franklin. And he's continuing on.
He's on the board of directors.
So be assured that the Federation is going to be ably and actively
involved pretty much in the same manner that it has for the past 24
years.
Thank you.
(Applause.)
July 10, 2018
Page 20
Item #4B
PROCLAMATION DESIGNATING RECOGNIZING THE 30TH
ANNIVERSARY OF THE NAPLES NEW HAITIAN CHURCH OF
THE NAZARENE AND HONORING CHURCH FOUNDER,
PASTOR JEAN PAUL, FOR THE CONTRIBUTIONS THAT HE
AND HIS CONGREGATION HAVE MADE TO THE COUNTY
AND THE BAYSHORE ARTS DISTRICT. ACCEPTED BY
PASTOR JEAN PAUL – ADOPTED; READ INTO THE RECORD
BY COMMISSIONER TAYLOR
MR. OCHS: Item 4B is a proclamation recognizing the 30th
anniversary of the Naples New Haitian Church of the Nazarene and
honoring church founder, Pastor Jean Paul, for the contributions that
he and his congregation have made to the county and the Bayshore arts
district. To be accepted by Pastor Jean Paul. If you'd please step
forward, Pastor.
(Applause.)
MR. OCHS: Stand right in the middle there, sir.
COMMISSIONER TAYLOR: I'm going to read it, then I'm
going to give it to you.
MR. OCHS: Okay.
COMMISSIONER TAYLOR: So just so you know that Pastor
Paul came to Bayshore in the dark days of Kelly Drive and Kelly
Road.
COMMISSIONER McDANIEL: Kelly Road.
COMMISSIONER TAYLOR: Kelly Road, yep.
And he, I think, is such an integral part of the revitalization and
the amazing rejuvenation of this street that is now named Bayshore.
And I'm going to read the proclamation so you understand who is
before you.
July 10, 2018
Page 21
Pastor Jean Paul founded the new -- the Naples New Haitian
Church of the Nazarene July the 5th, 1988, with 16 family members;
and,
Whereas, Pastor Paul worked tirelessly to secure several locations
for the church, ultimately buying the property on Bayshore in 1991;
and,
Whereas, a church was built at 5085 Bayshore Drive in 2000
becoming the permanent church home in 2001 growing its
congregation from 16 to 500 members; and,
Whereas, in 2004 Pastor Paul founded the Bayshore Education
Center to serve not only the local Haitian community but all those who
are in need; and,
Whereas, since its founding, the Bayshore Education Center has
served more than 3,000 undeserved -- underserved children from our
community.
Thank you, Pastor Paul, for everything that you've done.
(Applause.)
COMMISSIONER TAYLOR: Do you want your family
members to come up?
CHAIRMAN SOLIS: Pastor, thank you for all you've done.
Pastor in the middle, though.
MR. OCHS: There he is.
(Applause.)
MR. OCHS: Congratulations.
Item #4C
PROCLAMATION DESIGNATING AUGUST 1, 2018 AS DWIGHT
E. BROCK REMEMBRANCE DAY IN COLLIER COUNTY.
ACCEPTED BY CHERYL BROCK – ADOPTED;
COMMISSIONER SOLIS ALSO PRESENTED A TRIBUTE PLATE
July 10, 2018
Page 22
FROM THE FLORIDA CLERK OF COURTS AND
COMPTROLLERS RECOGNIZING DWIGHT’S 26 YEARS AS
CLERK
Item 4C is a proclamation designating August 1st, 2018, as
Dwight E. Brock Remembrance Day in Collier County. To be
accepted by Mrs. Cheryl Brock.
(Applause.)
CHAIRMAN SOLIS: And there is one other -- going off script a
little bit, there's one other thing that we'd like to present. And this is
from the Association of Florida Clerks and Comptrollers in recognition
of Dwight Brock's extraordinary services for 26 years as Clerk and
Comptroller.
(Applause.)
MR. OCHS: Mr. Chairman, if I could get a motion to approve
today's proclamations, please.
COMMISSIONER FIALA: Motion to approve today's
proclamations.
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: Motion carries.
MR. OCHS: Thank you.
July 10, 2018
Page 23
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR JULY 2018 TO PANIRA HEALTHCARE
CLINIC. ACCEPTED BY THE CLINIC FOUNDERS, LAWRENCE
J. EGGER AND GENEVE MONGENE-EGGER – PRESENTED
Item 5A is a presentation of the Collier County Business of the
Month for July 2018 to PANIRA Healthcare Clinic. To be accepted
this morning by clinic founders, Lawrence Egger and Geneve
Mongene-Egger. Also present is Bethany Sawyer from the Greater
Naples Chamber of Commerce.
If you'd please step forward and receive your award.
(Applause.)
COMMISSIONER SAUNDERS: Mr. Chairman, I think -- do
you need a motion? Oh, I'm sorry.
MR. OCHS: He wants to make a comment, sir.
MR. EGGER: I'd just like to thank the Board and the Greater
Naples Chamber of Commerce for this award.
The co-founder, Geneve, couldn't make it today because she's
over at the clinic. But we'd like to thank you very much for the award
over here.
Thank you.
(Applause.)
COMMISSIONER SAUNDERS: Mr. Chairman, do you need a
motion to approve the proclamations or --
MR. OCHS: We did it.
COMMISSIONER SAUNDERS: We've already done that?
MR. OCHS: Yes, sir. Thank you.
CHAIRMAN SOLIS: Mr. Manager, I think at this point I've got
a note here to introduce our featured Artist of the Month. The Artist of
July 10, 2018
Page 24
the Month is Collier County resident Marvin Rouse.
Marvin began his career in art at the age of five, which has
allowed him a lifetime of pursuing his passion. Marvin views his art
as creative communication from his soul to others. He mostly enjoys
creating abstract work because it allows him to be the most expressive
with his imagination.
Marvin's work is a direct reflection of his own life experience,
and it's all in the back of the room. It's really spectacular, so please
enjoy.
MR. OCHS: Thank you, sir.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
That moves us to Item 7 this morning, public comments on
general topics not on the current or future agenda.
MR. MILLER: Mr. Chairman, I have eight registered speakers
for public comment today.
Your first speaker is David Rogers, and he will be followed by
Captain Justin Finch. I'd like to ask the speakers to use both podiums,
and please stand by one after the other so we expedite things. Thank
you.
Mr. Rogers?
MR. ROGERS: Good morning, Commissioners, and thank you
for listening to us about this, I think, very critical issue to 2,000 to
5,000 residents and small and medium-sized businesses in the
Vanderbilt Lagoon area.
I'm from the accounting industry, and I know a little bit about
budgets. And I know that you guys have a tough time working with
July 10, 2018
Page 25
your budgets finding enough money to get things done, but it's been
about 20 years since Turkey Bay was dredged. And the subject is the
dredging of Turkey Bay and Wiggins Pass.
And there's equipment in -- as you know, in Wiggins Pass now
dredging. And while it's there, we could do both of us a favor and help
each other out by staying there a little bit longer and getting Turkey
Bay dredged in certain places.
I've been in and out of that Turkey Bay and Wiggins Pass over the
last 28 years. I've lived on Vanderbilt Lagoon, and there's only about
three places in the Turkey Bay neck and wide area that are critical, and
they would amount to about 150 yards. And so it would help both of
us, I think, if that could be done.
The first area is about -- is right behind what has already been
dredged. That would be south of that area and about 100 -- 75 to 100
yards, and then to the entrance to the wide area of Turkey Bay just as
you go into the markers of the channel for about 25 to 50 yards and
then as you come out of that wide area about 25 yards. So we're not
talking about the total of Turkey Bay.
And, like I said, I know that you guys have budgets to make, but
it's been 20 years, and I would think over that period of time we could
come up with, you know, enough money to hit the critical areas.
And I know I've paid hundreds of thousands of dollars over that
20 years in property taxes, and about 31 percent of my property tax bill
goes to the county. And so if something is not done, then the -- not
only the quality of the water, but the ability to go in and out of that area
to get to Wiggins Pass is going to be hampered completely.
And so our tax -- our values will go down. Our property taxes
will go down. Your budget will go down. So we could help each
other out just by -- you know, just a little bit of effort.
CHAIRMAN SOLIS: Thank you.
MR. ROGERS: Thank you very much.
July 10, 2018
Page 26
MR. MILLER: Your next speaker is Captain Justin Finch.
Captain Finch will be followed by Nancy Koeper.
CAPTAIN FINCH: Good morning, Commissioners. I have been
boating on this water for 30 years, 25 of which I have depended on this
water for my livelihood.
I have -- I drive through this water probably 225 to 250 days a
year. Of those days, two to six trips are through this waterway. This
waterway is suffering from a severe lack of maintenance. It has caused
quite an impact on my business. I currently own South Bay Marina. I
have owned that business for 15 years.
And it was -- originally, when I purchased the business, you
know, my dreams were to do what my predecessors had done and own
tour boats and party fishing boats, which have been operating since the
early '80s through that waterway. And due to the restrictions of the
water, I've never been able to achieve that goal. It's taken quite a toll
on my rental boat business. It's pretty dismal when customers are
following the channel markers and still get stuck in a marked channel.
And also some of the larger boats have had to leave the area since
I purchased the business in 2003, which has taken a big toll on my gas
sales as well.
And, unfortunately, in September our facility was wiped out by
Hurricane Irma. So at this point I am depending on fishing charters to
survive. And when I have to cancel charters because of an extreme
low tide and I can't get my customers in and out in a timely manner, it's
time for me to stand up and speak my opinion.
I've heard through the grapevine that it's the county staff's belief
that this was never maintained. They do acknowledge it was dredged
in '97, '98, but they say it was not county that did that, and I am here to
strongly disagree. It was part of an emergency dredge. I believe it was
in '98 after Hurricane George came through and filled in the pass, a
dredge was set up.
July 10, 2018
Page 27
Prior to that the county had refused to dredge the Turkey Bay area
because they view that as it was a natural channel. A resident of the
area actually went to Tallahassee, dug through aerial slides, found one
from December of 1962 that proved the pass was originally -- or the
Turkey Bay area was originally dredged straight across. That enabled
us to get additional funds from the state to fund that dredge. And they
had the dredge that was at the pass come back into Turkey Bay, and
the dredge spoils were used to create Connor Park.
So this is a very simple maintenance issue. I spoke to Todd
Turrell with Turrell, Hall & Associates, who's been doing engineering
and environmental consulting since the '80s for the county, and he
agreed with me, and he was familiar with the project as well, as his
then wife at the time, Patty Connor, was part of the family that donated
Connor Park.
So I do have corroborating information that -- unfortunately,
Turrell, Hall & Associates doesn't have records --
CHAIRMAN SOLIS: Thank you.
CAPTAIN FINCH: -- going back that far, but --
CHAIRMAN SOLIS: Your time is up, thank you.
CAPTAIN FINCH: Thank you.
MR. MILLER: Your next speaker is Nancy Koeper. She'll be
followed by Garrett Beyrent.
MS. KOEPER: Good morning, Commissioners. Thank you for
the opportunity to speak in front of you this morning. I am here to
support continued communication with the county regarding the issues
in Turkey Bay area.
The channel just north of the bridge there going through Turkey
Bay leading to Wiggins Pass allowing boaters safe passage and
navigable waterway was significantly impacted after Hurricane Irma.
And while we understand, because we've been working with Harry
Sells and Gary McAlpin, that this does not fall under public purpose
July 10, 2018
Page 28
guidelines where we could use the tourism tax, we are working on an
effort to try and create an MST (sic) from the homeowners that are
impacted that live on the canals; however, that is an arduous task, as
you know, it takes quite a bit of effort to get completed.
In the meantime, it was our hope that we could become --
continue to be part of the current dredging in Wiggins Pass, which I
know did turn in a little bit and try to make some effort for Turkey
Bay.
In speaking with some experts, a navigable channel is three feet
of water or more. And areas in that channel right now are not three
feet of water. Many boaters are getting stuck, and it's not safe,
actually, to go through there.
We also understand from communication yesterday that some
new channel markers are being provided and the channel is going to be
kind of repositioned; however, some boaters are saying -- and I haven't
been out there myself recently, but there continues to be this challenge
of, like, a foot and a half of water in high tide, which is very difficult to
navigate through.
I also want to speak as a realtor. I work for Premiere Sotheby's.
We do not market that area as deepwater access, but we do market this
as quick access to the Gulf of Mexico. Should we have that area
continue to close up, I would say we're challenged to continue
marketing it that way. I would say we would be challenged with
property values if we can't navigate out to the Gulf of Mexico.
Right now there's approximately two point, I think it's, six billion
dollars in homeowner value in there, and a concern is we wouldn't
want to become an area that can't market ourselves with waterway
access. There are also three restaurants in there, as you know. We
have the Turtle Club, we have the Buzz's Lighthouse, and we have La
Playa, and Stock Development has future plans for continued
development of the area, which I understand may include docks.
July 10, 2018
Page 29
So as a resident, just here to continue communicating with the
commissioner. Mr. Solis, you have been kind enough to meet with us
personally one on one, Clint Cooney (phonetic) and myself, and we
just really need to have continued support from the county, including
tax dollars, to keep the area navigable and safe for boaters.
Thank you for your time.
MR. MILLER: Your next speaker is Garrett FX Beyrent. He
will be followed by Jason Lloyd Shook.
CHAIRMAN SOLIS: Can I just ask a quick question; does
anybody else want to speak on the water --
MR. MILLER: I believe I've divided them all up.
CHAIRMAN SOLIS: Oh, you have.
MR. MILLER: I had them all together. I don't think any of my
other speakers are on that topic.
MR. BEYRENT: Good morning, you-all. That was in honor of
my old buddy Dwight Brock. I miss him. And I actually have an
award for him, but it's the strangest award presentation I'm ever going
to do.
I decided that after all these awards we give out for the first hour,
and we've done it for many years, the people that should get awards
that don't are you people. For when you do something good, you
should be awarded just like anybody else.
So I discovered that I can't constantly pound away at hating
baseball and saying the only sport that should be allowed in Collier
County is pickleball -- but what can I do, you know?
In that last -- and I have to always temper everything by how
much money I spend on awards.
CHAIRMAN SOLIS: Right.
MR. BEYRENT: Because that last big award that I gave to
Commissioner Taylor that was 88 cents, that was pushing it because it
turned out to be the only pickleball stamped that was released from
July 10, 2018
Page 30
that championship game, and the other thousand were melted. They
recycle them. I didn't know that they wear out like a tennis ball. So
her -- according to Craig's List now, her nightlight is worth $800.
Sorry. It's not my fault.
Now, the next presentation I'm going to do -- I have three awards
to give out to Leo Ochs, Nick Casalanguida, of course, Dwight Brock.
Dwight's is on the bottom of the bag here. It's not chocolate, by the
way. And this is evidence at how much I spent on -- I figured, hey,
when I go to Goodwill, I always keep the slips, okay. So this is it.
And this is proof. I'm going to give it to Commissioner Taylor.
COMMISSIONER McDANIEL: Thank you for shopping at
Goodwill. That's evidence.
COMMISSIONER TAYLOR: All right. Thank you.
COMMISSIONER McDANIEL: Better give it to the recorder.
COMMISSIONER TAYLOR: It is a public record.
MR. BEYRENT: Okay. The first -- I have them stacked, and I
put them in Collier paper here. I've got tell you that when I was
packing these, I was moving my house. I have an old -- I have the last
shack in Pine Ridge. It's moving to East Naples 2:00 tomorrow night.
It's -- it was famous only because CNN had it as the terror lair when I
was a terrorist, of course.
This award here goes to Nick.
COMMISSIONER McDANIEL: You better hurry up.
MR. BEYRENT: Okay. Here, Nick.
COMMISSIONER McDANIEL: You've got 30 seconds.
MR. BEYRENT: It's a clown playing baseball, okay. Because I
love baseball; no, okay.
This is the second award; it goes to Leo Ochs. This is also a
clown. They're both catching a baseball, okay.
COMMISSIONER McDANIEL: Now you're done.
CHAIRMAN SOLIS: Your time is up.
July 10, 2018
Page 31
MR. BEYRENT: My time is up? Hurry up, okay. The last one is
Dwight Brock.
CHAIRMAN SOLIS: Okay.
MR. BEYRENT: Now, I looked at all these things and said, boy,
this is odd that they're so cheap and yada, yada, yada.
CHAIRMAN SOLIS: Sorry.
MR. BEYRENT: And it turns out I dropped this one, and it
broke into five pieces. It's porcelain. It wasn't one of those replicas. It
was a real one.
CHAIRMAN SOLIS: Thank you.
MR. BEYRENT: Thank you.
MR. MILLER: Mr. Commissioner, your next speaker is Jason
Shook. He has been ceded additional time from four other speakers for
a total of 15 minutes. I need to confirm that these folks are here.
Leola Shook?
MS. SHOOK: Here.
MR. MILLER: Thank you. You just need to raise your hand.
Susan Dunn?
(Raises hand.)
MR. MILLER: Thank you. Jeff Da --
(Raises hand.)
MR. MILLER: Thank you, sir.
(Raises hand.)
MR. MILLER: And Shannon Livingston.
(Raises hand.)
MR. MILLER: Okay. You will have a total of 15 minutes, sir.
MR. SHOOK: Thank you. Good morning.
MR. MILLER: Closer to the mic, please.
CHAIRMAN SOLIS: Speak into the mic.
MR. SHOOK: I'm sorry.
MR. MILLER: Closer to the mic.
July 10, 2018
Page 32
MR. SHOOK: Okay. Thank you.
CHAIRMAN SOLIS: You can move it towards you if you want.
MR. SHOOK: All right. As I said, my name is Jason Shook. I'm
a citizen of Collier County. I am also a cannabis patient.
As a child, I was diagnosed with malignant brain tumor. In 2010,
I had two strokes. In 2017, I was diagnosed with epilepsy. I was
treated at NCH and was transferred to Tampa General because of the
complexity of my case.
My parents, with my doctor's approval, began to give me CBD
oil, and that was the turning point of my recovery.
My neurologist of many years introduced me to the healing
benefits of cannabis. I began taking cannabis oil to treat my
neurological symptoms and aid in the healing process. The benefits
are evidenced by my positive recovery. My comprehension has
changed, drastically improved, as well as my memory and ability to
express my thoughts and my feelings.
Cannabis has helped thousands of people like myself as
evidenced by the number of people and Floridians in the
compassionate-use registry.
When it is time to refill my prescription, I begin by calling
dispensaries to determine if they have the product I need in stock.
Once the order has been placed, my choices are to travel to the next
county or beyond. I am not able to drive yet and must arrange for
someone to take me to the next county or beyond.
Cannabis purchases must be paid by cash, which requires an
additional trip to the bank. Some dispensaries, but not all, will allow
payment through CanPay that is linked to the patient's bank account.
Additional time is spent in the dispensary waiting room until you are
called into the dispensary purchasing area.
My other option is to pay a $25 delivery fee and have that
delivered to my home. Delivery fees are expensive and negatively
July 10, 2018
Page 33
impact my already stretched budget.
I understand "just have it delivered" may seem like a simple
solution to the Board. Cannabis patients are already dealing with
health issues, multiple doctor appointments, multiple therapy
appointments, work schedules, and family obligations. Delivery often
takes several days to be scheduled, then you must wait at your home
for hours, just as you would -- just as you would for a cable repairman.
A cannabis patient must personally be present to receive the
order. A friend or family member may not take the purchase for you.
How would this affect your life by contacting multiple
dispensaries to locate stock, go get cash, drive to the next county or
beyond? What if you had to do this multiple times a month because
the products you need are not available the same time your budget will
allow, limiting you to purchase one or two products at a time? What if
you had to do this for your child, another family member with cancer,
epilepsy, Parkinson's, or MS?
Limited access to dispensaries lead to the decrease in the quality
of life for Collier County citizens. It is imperative that the Board vote
to change land development codes to zone for dispensaries to ensure
the health, safety, and wellness of all citizens.
All right. I educate and advocate whenever possible, and I have
joined forces with other patients and citizens that are united in our
mission to get safe, local access to medical cannabis. We, the citizens,
have placed calls, written emails, and have made emotional speeches
to the Board. We will continue to do so, but now is the primary focus
to educate citizens in our community. We want to encourage citizens
through this public forum to be informed, get involved, and remember
the patients who are suffering while the Board takes no action.
We want Collier citizens to understand the lawsuits that are
starting across the state and think about the position that Collier
County has put itself into by extending a moratorium and refusing to
July 10, 2018
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vote on necessary code changes. We want our fellow citizens to
understand the government process that stands between them and the
constitutional amendment they voted for, especially for the upcoming
event -- upcoming vote, election.
This board was elected to serve citizens of Collier County and
follow the will of the people. The people have spoken, 71 percent
statewide and 65 percent here in Collier County. That means that
cannabis has a higher approval rating than any of the commissioners.
We, the citizens, continue to show up, speak for those who cannot
fight for themselves. Stigma will not rob us of our rights.
Thank you for listening. I hope you understand.
MR. MILLER: That was your final speaker under public
comment, sir.
CHAIRMAN SOLIS: I would just like to go back to the Water
Turkey Bay matter.
And I know we usually don't have comments and things, but I
have spent some time with the residents in the lagoon area. And I'm
hoping that I'd get some consensus to have staff at least come back
with a report and give us what the options are and any of the
impediments to doing that.
I do know that the areas in question are outside -- as I understand
it, outside of the permit that we currently have for dredging. So it's not
something that we could do immediately because there's permitting
issues. But I think it would be worth having a discussion as to what
can be done.
COMMISSIONER SAUNDERS: I was going to add to what you
just said, but I was not aware of the permitting problem. I was going
to suggest that since we're not going to be meeting in the month of
August and there's an ongoing contract, that we consider authorizing
our staff -- and this would be a question for our legal counsel as to
whether this would be an unlawful delegation. I don't think it is;
July 10, 2018
Page 35
authorize our staff to extend that contract and do the dredging while
we're not here in August if the permitting is in place and it can be done.
So I agree with you; I think it's something we should look at, but I
wouldn't want to miss the opportunity of using that ongoing contract, if
possible.
COMMISSIONER McDANIEL: My light's on.
CHAIRMAN SOLIS: Okay. I'm sorry. You know, actually,
Commissioner Taylor's light was on first. Sorry. There's lights on.
COMMISSIONER FIALA: Okay.
COMMISSIONER TAYLOR: And when the last -- the speaker,
the woman that spoke regarding Turkey Bay -- and she's talked about
working, then I realized that you were involved because my question
was, well, you know, obviously, there's a permit. It takes time to get a
permit, but are you talking -- so that's all I wanted to know, that you
are involved, and it seems to me that -- I guess Gary's right there, so he
can talk about it, because I don't think anybody knows more than he
does on this one.
CHAIRMAN SOLIS: As I understand it, the permit is for the
pass itself.
COMMISSIONER TAYLOR: Yeah. But the time frame to get
-- to extend the permit, whether you can even do that.
MR. McALPIN: For the record, Gary McAlpin, Coastal Zone
Management.
So we have an existing permit, and we've dredged all the way up
to the maximal length that we can dredge going south into Water
Turkey Bay.
Commissioner Saunders, to your point, extending the contract --
for the dredging that they're talking about where the shoals are, we
wouldn't need this piece of equipment that we have. We would
probably pay a tremendous amount in fees for that piece of equipment.
If it's the Board's wish, we could look into this, come back with a
July 10, 2018
Page 36
survey like you've asked, and come up with other options to dredge
this. But we would certainly need to move forward with a permit, and
that would be one of the things that we would talk about as we came
back.
MR. OCHS: Gary, what's the estimate on a permit approval?
MR. McALPIN: It all depends upon whether the agencies, DEP
and the U.S. Army Corps of Engineers, will consider this an
emergency or they will say that this is existing conditions that have
been there for quite some time. If it's existing conditions, the
permitting process would be very long and arduous. If they will grant
it as an emergency, then we'll be able to speed this process up a little
bit.
But we're looking at -- with an emergency, we could be looking at
several months maybe, you know, three, four, in that range. If it is -- if
they deal with this as existing conditions, you're probably talking about
six to nine months to permit this activity. So this is something that's
not going to happen immediately.
I would also say that there is some -- all the way to the east there
is some area right in there where the water gets deeper, and we have
marked that channel. We will mark that location so that there is some
room, but this is a situation that has been going on for quite some time.
And we have -- the way we've addressed it is that this is more the
needs of an MSTU and not necessarily can be done with TDC funds.
So that will come out in our report back to you.
CHAIRMAN SOLIS: Okay. Very good. Thank you.
COMMISSIONER McDANIEL: Light was on.
CHAIRMAN SOLIS: I'm sorry.
COMMISSIONER FIALA: He's answered my question.
CHAIRMAN SOLIS: Commissioner Saunders, your light's on,
but I think you took care of yours.
COMMISSIONER SAUNDERS: Yes.
July 10, 2018
Page 37
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: He answered my question.
COMMISSIONER McDANIEL: Two things. I'm glad you
brought it up. I wanted to share with you my support for your efforts
in what's, in fact, transpiring there, and I hope that we continue to
move forward on that issue.
Secondly, Commissioner Saunders, on the other public speaker
with regard to the cannabis dispensaries, when that motion failed the
last time for the amendments in the LDC, you suggested a time-certain
-- or not time-certain, but a six-month period. Do we -- do we have an
actual day or what the battle plan is, or are we just going to look at it
and have another discussion?
COMMISSIONER SAUNDERS: Mr. Chairman, I think that six
months comes up, I believe, in October. So my expectation would be
that in October it will be an agenda item for us to again discuss and
determine whether we want to direct staff to amend the Comp Plan.
COMMISSIONER McDANIEL: Okay. So -- okay. Very good.
Item #10A
RESOLUTION 2018-132: RECOMMENDATION TO ADOPT A
RESOLUTION OPPOSING THE INFRASTRUCTURE DESIGN,
CONSTRUCTION AND DIVERSION OF STORMWATER FROM
BONITA SPRINGS/LEE COUNTY UNTIL A COOPERATIVE
AND COORDINATED REVIEW OF ALL PROPOSALS RELATED
TO THE DIVERSION IS COMPLETED WITH COLLIER
COUNTY, INCLUDING FULL PUBLIC OUTREACH, AND
AUTHORIZE THE CHAIRMAN TO SIGN A LETTER TO THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
OUTLINING THE BOARD OF COUNTY COMMISSIONER’S
POSITION ON THIS ISSUE – ADOPTED W/CHANGE OF
July 10, 2018
Page 38
LANGUAGE AS PRESENTED
MR. OCHS: Mr. Chairman, that brings us to your 10 a.m.
time-certain hearing this morning. This is a recommendation to
approve a resolution opposing the functional diversion of stormwater
from Bonita Springs/Lee County until a cooperative and coordinated
review of all proposals related to the diversion is completed with
Collier County, including full public outreach and authorizing the
Chairman to sign a letter to the Water Management District outlining
the Board's position.
Chairman Solis brought this forward. And when I read the title, I
noted the change. And I think the commissioners' office had sent this
as a one-way communication to all the board members. I just wanted
to put it on the record. On the title, we struck the reference to
opposing the infrastructure design and construction and simply called
for prohibiting the functional diversion at this point.
CHAIRMAN SOLIS: And I would just say that this issue came
up, I think it was last week, and this is really trying to be proactive in
the plans. There are no plans right now to actually divert the water, as I
understand it, and -- but there's modeling that's being performed, and
the issue is whether or not the county staff should be involved in the
process of setting up that modeling. And I feel pretty strongly that we
should have been and should be in that process.
Obviously, there are flooding concerns in the City of Bonita
Springs, and I think everybody's aware of that, and we certainly
appreciate the need to address that in some fashion. But that needs to
be done very, very carefully because the Palm River area and the
Cocohatchee Canal, there was flooding there after Irma as well.
So we just don't want to solve one problem and create another.
We want to make sure that it's looked at comprehensively.
I have had a call from the mayor of the City of Bonita Springs,
July 10, 2018
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and I'll be speaking with him later today. So this is really just to be
proactive and send a message that we need to be involved in this
process from the beginning.
MR. OCHS: Sir, I will add for the Board's benefit that just as
recently as yesterday we've been able to sit down with your colleagues
at the South Florida Water Management District to begin to have some
input and review on some of the modeling that started, and so I think
this is a timely issue, and this resolution, I think, is getting us to where
the Board wants us to be.
I believe we have a registered speaker as well, sir.
MR. MILLER: Yes. We have six registered speakers for this
item, sir. Your first speaker is Aaron Ritchie, I think. I'm not sure if
I'm getting your first name right.
MR. RITCHIE: Alan.
MR. MILLER: Alan -- thank you, sir. Sorry -- will be followed
by Dr. Peter Hill. Either podium, yes.
MR. RITCHIE: Okay. I'm Alan Ritchie, and I'm representing the
Estuary Conservation Association, or the ECA. We're involved in,
basically, two major issues: One is clean water in the Cocohatchee
River and safe navigation of Wiggins Pass. That's what ECA is all
about. We support the fact that Collier County is getting involved
here.
The issue in Bonita Springs is a mess. It needs to be resolved, but
it needs to be resolved in a way that doesn't transfer the problem
somewhere else.
And so we stand by to put another set of eyes on it, if you want.
And the ECA is an all volunteer operation. The board's all volunteers.
We do have some water-quality expertise, and we would like to
support the resolution completely.
MR. MILLER: Your next speaker is Dr. Peter Hill. He'll be
followed by Meredith Barnard.
July 10, 2018
Page 40
DR. HILL: Good morning, Mr. Chairman. Commissioners,
ladies and gentlemen.
Really, just to reiterate what has just been said. The residents of
Collier's Reserve, all 250 homes of us, support your resolution to
oppose the Lee County proposal to add some 200 cubic feet a second.
That, I would point out, would be something between 20 and 25
percent of the spate of the Cocohatchee River during Irma.
We at Collier's Reserve and others downstream of Coco No. 1,
which is the barrier, the junction of Palm River and the Immokalee
Road, all suffered flooding during this event, and we had water lapping
up against our concrete base, which is 10 feet above the 100-year
floodplain and fully meets all statutes, both of county and state. And
to see these houses and properties threatened by what I think is
reckless policy that hasn't even consulted or used data of these
downstream of the Cocohatchee barrier.
That has got to be embraced, and I totally support, and we at
Collier County -- Collier's Reserve and the HOA fully support your
proposal. And it's just good policy to involve everyone, particularly in
the solution that is going to be looking at this, this Big Cypress Basin
as a holistic solution, and we need to embrace that.
I would also point out that I am -- I was a professional modeler of
reservoirs, and I've done this stuff for many, many years.
So I'm a resource. I'm here to help. But we at Collier's Reserve,
as all others downstream of Coco No. 1, are very, very supportive of
your approach, and it is the right way to go.
Thank you.
CHAIRMAN SOLIS: Thank you.
MR. MILLER: Your next speaker is Meredith Barnard. She'll be
followed by Brad Cornell.
MS. BARNARD: Good morning, Commissioners. Meredith
Barnard on behalf of the Florida Wildlife Federation.
July 10, 2018
Page 41
I want to just express our support for Commissioner Solis'
resolution presented today opposing the diversion of stormwater from
Bonita Springs. The Federation has long been invested in the health of
the Cocohatchee and the Corkscrew watershed. The public also has a
large investment, as they've invested tens of millions of dollars in
wetland restoration over the years.
It's to the public's detriment to over-drain these wetlands, and that
is what the efforts are looking to do. If the diversion does move
forward, it will end up being a burden and a cost to Collier County.
So, again, we just want to thank you for bringing this resolution
forward, and we support the opposition to this effort. Thank you.
MR. MILLER: Your next speaker is Brad Cornell. He'll be
followed by Ken Humiston.
MR. CORNELL: Good morning, Commissioners. I'm Brad
Cornell, and I'm here on behalf Audubon of the Western Everglades
and also Corkscrew Swamp Sanctuary.
And we completely support the resolution, but I want to flag an
issue that's a little different than what you've identified in your
executive summary and in the resolution. While we certainly agree
that downstream capacity, stormwater conveyance capacity, and water
quality are absolutely important issues, another issue that is perhaps
even more important is the upstream impacts of diverting water from
the Imperial River into the Cocohatchee River, and the drainage effect
that this is going to have upstream all the way into the CREW lands
and Corkscrew Swamp Sanctuary.
This is not a new issue. The Water Management District has, I
think, errantly been trying to figure out a way to move water from the
Imperial basin into the Cocohatchee basin for a decade, and we object.
In fact, so much so that we've litigated over this issue, and the reason is
that when you increase the capacity to move water, you're draining the
upstream wetlands, and that increases your wildfire risk in the dry
July 10, 2018
Page 42
season, it reduces your water supply, and it also impacts wetlands.
And the last thing I want to note is that the scientists at Corkscrew
Swamp Sanctuary have done a 60-year study of water levels based on
our data at Corkscrew Swamp Sanctuary, and what they have found is
the water levels in the deepest areas of the swamp have been pretty
consistent. They stay above ground in the dry season every year for 40
years until we get to around 2000.
In the year 2000, suddenly you see the data showing water levels
dropping below ground surface almost every single winter during dry
season. This is alarming to us because it impacts our wetlands, it
impacts the wood stork rookery there, and it impacts all of us because
of the risk of wildfire, water supply.
And we don't know why this is happening. But it's not hard to
guess what some of the factors are, and drainage is certainly one of
those. So there are certainly alternative ways to work on watershed
planning and resource; drainage is not the way to go.
So thank you for this opposition. Appreciate that.
MR. MILLER: Your next speaker is Ken Humiston. He'll be
followed by Gary -- I'm sorry; I cannot read his last name. It starts
with a K.
MR. HUMISTON: My name is Ken Humiston. I live in Palm
River, and I have it from a reliable source, a former county engineer,
that Palm River was one of the three most seriously flooded areas in
Collier County in the aftermath of Hurricane Irma. We had a very
serious problem there.
My concern is because of the modeling issue. In fact, I met with a
number of the representatives in Palm River, and they asked me to
come down here to speak today because I'm not a stormwater modeler,
but I am very familiar with modeling. My engineering firm does
coastal process modeling, beaches and inlets. And if we were, for
example, modeling Wiggins Pass, we would start with a regional
July 10, 2018
Page 43
model that would go all the way from Doctors Pass up to New Pass in
Lee County. The output from that model would then be used to -- on a
smaller grid to refine the calculations for Wiggins Pass.
And even then we would still model an area that would go a mile
north and a mile south of Wiggins Pass and a mile offshore and a
pretty good ways up the estuary.
My concern with the modeling that's being done for this
stormwater diversion is that the downstream end of it stops at Coco 1,
which is the structure in the Cocohatchee Canal below which is where
the flooding problem occurred.
The reason that we had flooding was there was -- so much water
was released from Coco 1 that it was more than could be accepted by
the Cocohatchee River, and it backed up into our stormwater drainage,
which is about four-tenths of a mile south of that Coco 1 structure.
And the result of that was that we had all that flooding.
I have met with a number of people with the Big Cypress Basin. I
understand what they're doing. I think that, you know, they have some
good ideas, but I feel that their modeling effort falls short of what's
needed in order to adequately evaluate this situation in order to
determine what's going to happen to the additional 200 cubic feet per
second of water, which, as someone mentioned, is an increase of about
20 to 25 percent over what the maximum flow was in the aftermath of
Hurricane Irma.
Is that my time?
MR. MILLER: Twenty seconds.
MR. HUMISTON: Well, that's what I had to say. So I'm here to
speak in support of the resolution. Thank you.
MR. MILLER: Your final speaker on this item is Gary -- I'm
sorry, sir. I cannot read your last name.
MR. KLUCKHUHN: Gary Kluckhuhn.
MR. MILLER: Thank you, sir. You have three minutes.
July 10, 2018
Page 44
MR. KLUCKHUHN: Thank you. Thank you-all for having this
on the agenda and the brain power in here and the stormwater
management people.
My observation as a layperson -- I've been in the building
business all my life. I've dug a lot of dirt. And I've recently dug a
pond that I pulled water out of the aquifer. The water out of the
aquifer, 40 feet deep, at my property in Naples, in Royal Harbor has
higher salinity than the water in the creek adjacent to it.
The aquifer is being back-fed by the Gulf of Mexico because the
stormwater that is our stormwater is being treated as stormwater waste
from the get-go. There's one solution to these problems, and that is to
flood the swamp. There's no retention pond that will give us the
ground cover that we need to have to let the aquifer get recharged.
And without the swamp there's no cloud cover every day. When I was
a kid, it rained every day. It doesn't do that anymore.
The water that goes in the ground is treated as stormwater waste,
diverted into the Caloosahatchee, into the Jupiter/Miami outlet, not
going into the swamp. We need to get the sugarcane out of there. We
need to get the Corps of Engineers shut down. Another pond to
control the stormwater waste, it's not waste. It's our rainwater. It
needs to go into the swamp. Flood the swamp. The evaporation then
would give us the cloud cover. The sun, that causes the algae in my
pond to grow so rapidly because of the nutrients in the ground -- in the
aquifer are really high. We need to stop fertilizing the ground. Stop
draining the swamp. Flood it. All the canals.
We watched the storm. It's going to get worse. Marjory
Stoneman Douglas wrote a book 70 years ago. None of the kids at the
school that I've talked to have ever read the book. River of Grass.
Used to be river of grass. Now it's the greenway fire. Rivers and --
well, in Pittsburgh they told me rivers used to burn there because the
oil was so great.
July 10, 2018
Page 45
Flooding the swamp. And what you guys are doing in
collaboration with all the effort and the brain power -- I'm not the only
guy that knows the swamp's the sponge that gives us the cloud cover
that cools the water. The atmosphere's changed. The algae is
exacerbated by the excessive sun because of the lack of the cloud
cover, the temperature's going up. It's a bad cycle. It's a crisis. This is
not a preexisting condition. It's an emergency.
Thank you.
CHAIRMAN SOLIS: Okay.
MR. MILLER: And that was your final speaker on this item, sir.
CHAIRMAN SOLIS: Commissioner McDaniel --
COMMISSIONER McDANIEL: Did you want to make the
motion?
CHAIRMAN SOLIS: -- trying to put his light on.
I'd like to make the motion.
COMMISSIONER McDANIEL: I would like you to.
CHAIRMAN SOLIS: I would like to make a motion to approve
the resolution with the revision to the title that's on the overhead
projector.
COMMISSIONER McDANIEL: And I'd second that with a brief
comment, and it's rather prophetic. It's one of my favorite shows on
TV. But it ends -- every single time it ends, it says, "We must
remember we all live downstream."
And this is epitomization of that statement. The impacts of your
efforts here have far-reaching parameters. So thank you.
CHAIRMAN SOLIS: Thank you. So there's a motion and a
second. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
July 10, 2018
Page 46
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: The motion carries unanimously.
MR. OCHS: Thank you, sir.
CHAIRMAN SOLIS: It's time for our break?
MR. OCHS: Yes, sir.
CHAIRMAN SOLIS: So we'll take a break for our court reporter,
and we will be back at 10:40.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, if you'd please take your
seats. Thank you very much.
Mr. Chairman, you have a live mic.
CHAIRMAN SOLIS: Thank you, Mr. Manager.
Item #9A
ORDINANCE 2018-40: RECOMMENDATION TO ADOPT AN
ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A RURAL
AGRICULTURAL (A) ZONING DISTRICT WITHIN THE ST/W-4
OVERLAY TO A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT WITHIN THE
ST/W-4 OVERLAY, TO ALLOW FOR DEVELOPMENT OF UP
TO 148 SINGLE FAMILY, TWO FAMILY AND/OR MULTI-
July 10, 2018
Page 47
FAMILY DWELLING UNITS FOR A PROJECT TO BE KNOWN
AS 951 VILLAS RPUD; AND PROVIDING AN EFFECTIVE DATE
THE SUBJECT PROPERTY CONSISTING OF 37.5 ACRES IS
LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD
APPROXIMATELY ½ MILE NORTH OF THE INTERSECTION
OF VANDERBILT BEACH ROAD AND COLLIER BOULEVARD,
IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA – ADOPTED
MR. OCHS: Commissioners, we move to Item 9A this morning.
This item requires ex parte disclosure be provided by commission
members, and all participants are required to be sworn in. This is a
recommendation to approve an ordinance which includes your
comprehensive zoning regulations for the unincorporated area of
Collier County seeking to amend the zoning from Agricultural A
zoning district within the STW-4 overlay to residential Planned Unit
Development zoning district within the STW-4 overlay to allow up to
148 single-family, two-family, and/or multifamily dwelling units for a
project known as 951 Villas RPUD.
Disclosures, Mr. Chairman?
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: I had some conversations with
the representatives of the property owners and have had some emails.
COMMISSIONER TAYLOR: Yes. I've had a meeting with the
property owner's representatives and some emails.
CHAIRMAN SOLIS: I've also had a meeting with the owner's
representatives and some -- actually, I haven't received any emails; just
a meeting with the representative.
COMMISSIONER FIALA: I have no disclosures.
COMMISSIONER McDANIEL: I had a meeting with the
property representatives as well.
July 10, 2018
Page 48
CHAIRMAN SOLIS: If we could have the court reporter swear
in all the participants, please.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN SOLIS: Are there any public speakers?
MR. MILLER: I have no registered speakers for this item at this
point.
MR. OCHS: Mr. Chairman, we begin with the petitioner.
COMMISSIONER TAYLOR: We have to go through this,
considering...
MR. OCHS: I'll look at your County Attorney.
MR. KLATZKOW: No, ma'am. There's nobody in opposition to
this, apparently, unless somebody wants to stand up.
CHAIRMAN SOLIS: There was.
MR. OCHS: It's on your regular agenda because there was an
objector at your Plan Commission meeting, I believe.
CHAIRMAN SOLIS: Well, I would think maybe we can have a
summarized version of the presentation. I think it's probably prudent to
put something on the record at this point, right?
MR. KLATZKOW: You don't need to. It's all in the record.
CHAIRMAN SOLIS: It's all in the record?
COMMISSIONER McDANIEL: I'll move for approval if you
want to go.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SOLIS: Any discussion?
(No response.)
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.
July 10, 2018
Page 49
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Unopposed.
MR. KLATZKOW: It's no different than your summary agenda.
When there's no opposition, we put it on summary. Here nobody
showed up; there's no opposition.
COMMISSIONER FIALA: I just wanted to note one little
spectacular thing. This is four dwelling units per acre. We don't see
many things like that anymore, so it sounds like a nice thing to me.
Item #11A
RESOLUTION 2018-133: RECOMMENDATION TO ADOPT A
RESOLUTION ESTABLISHING PROPOSED MILLAGE RATES
AS THE MAXIMUM PROPERTY TAX RATES TO BE LEVIED IN
FY 2018/19 AND REAFFIRM THE ADVERTISED PUBLIC
HEARING DATES IN SEPTEMBER 2018, FOR THE BUDGET
APPROVAL PROCESS – ADOPTED
MR. OCHS: Mr. Chairman, Commissioners, we move to Item
11, County Manager's Report. Item 11A is a recommendation to adopt
a resolution establishing proposed millage rates as the maximum
property tax rates to be levied in Fiscal Year 2018/19 and reaffirm the
advertising hearing dates in September 2018 for the budget approval
process. Mr. Isackson will present.
MR. ISACKSON: Good morning, Commissioners. Mark
Isackson with the Office of Management and Budget.
Every July I appear before you with a resolution which essentially
establishes the maximum property tax rates for the General Fund, the
Unincorporated Area General Fund, and all the rest of the taxing
authorities that's underneath your particular umbrella.
These reflect the certified taxable values that were received in my
July 10, 2018
Page 50
office on the 29th of June.
Your action today will set forth a series of initiatives through my
office, essentially, triggering the TRIM process, which will culminate
sometime in October when we submit our final TRIM package to the
State Department of Revenue.
I'll answer any questions the commissioners might have. I think
the executive summary is self-explanatory. You will see the maximum
millage rates on Exhibit A to the resolution as well as those property
tax dollars that will be raised as a result of those particular tax rates.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER FIALA: Second.
CHAIRMAN SOLIS: There's a motion and a second for
approval. 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: Motion carries.
MR. ISACKSON: Thank you, Commissioners.
COMMISSIONER FIALA: Thank you for the sterling
presentation.
CHAIRMAN SOLIS: Short and sweet.
COMMISSIONER McDANIEL: Again.
MR. ISACKSON: That's me, short and sweet.
MR. OCHS: We have never heard sweet associated with his
name.
COMMISSIONER TAYLOR: Or short.
July 10, 2018
Page 51
Item #11B
RECOMMENDATION TO ADVERTISE A RESOLUTION
EXPANDING THE COLLIER COUNTY WATER-SEWER
DISTRICT’S SERVICE AREA BOUNDARIES TO COINCIDE
WITH THE AREA PERMITTED BY CHAPTER 2003-353, LAWS
OF FLORIDA – APPROVED
MR. OCHS: Move to Item 11B. This is a recommendation to
advertise a resolution expanding the Collier County Water/Sewer
District service area boundaries to coincide with the area permitted by
Chapter 2003-353, Laws of Florida.
Dr. Yilmaz will make the presentation.
COMMISSIONER SAUNDERS: Mr. Chairman, my
understanding is that they've got this all worked out and there's an
agreed-upon procedure; is that correct?
MR. OCHS: Yes, sir. We do have a speaker, I think, that wants
to put something on the record.
MR. MILLER: Yeah. I actually have two speakers. I have
Valerie Pike and David Genson.
MR. OCHS: Would you like to hear those speakers now, sir?
CHAIRMAN SOLIS: Well, I mean, we'll just hear the speakers
first.
COMMISSIONER FIALA: Sure.
MR. MILLER: Ms. Valerie Pike will be followed by David
Genson.
MS. PIKE: Good morning, Commissioners. For the record, my
name is Valerie Pike with Collier Enterprises. I'm here on behalf of
Patrick Utter who couldn't be here today.
Collier Enterprises will make a short statement just that we are
supportive of the water and sewer service area expansion subject to the
July 10, 2018
Page 52
memorandum of understanding that was previously executed and is
part of your package.
That's all our comment today. We heard you like short and sweet,
so...
CHAIRMAN SOLIS: Well done.
COMMISSIONER TAYLOR: Thank you.
MR. MILLER: Your next speaker is David Genson.
MR. GENSON: Good morning, Commissioners. For the record,
I'm David Genson. I'm a registered professional engineer in the state
of Florida.
And before you I'm in the capacity as senior vice president and
director of development for Barron Collier Companies.
Barron Collier is the sole owner of 7,000 acres known as Hogan
Island, which is part of the proposed expansion of the water and sewer
district. Hogan Island will also become part of a future development
for Barron Collier with an intent on providing quality residential
housing to working families.
As well, Barron Collier is the owner of Ave Maria Utility
Company, or we say AMUC, which now provides water and
wastewater utility service to the Ave Maria community which is within
the utilities of 11,000-acre service area.
AMUC is an established utility that has won numerous awards.
In 2007, we received a national award from the Design Build Institute
of America; in 2010 and 2014, we received the best-tasting drinking
water in state of Florida from AWWA; and in 2013 we were
recognized by FDEP for its plant operations excellence.
In 2017, we filed an application to expand the AMUC franchise,
which was objected to by county staff. Since that time, we've met with
staff on numerous occasions to try to resolve the objection mutually
and beneficially.
Regarding this item on your agenda, we have originally objected
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to this but have recently agreed with your staff to withdraw our
objection to the expansion of the Collier County water and sewer
boundaries on the condition that:
A, our AMUC certificate expansion case to serve Hogan Island
before the water/sewer authority will be held in abeyance while we
meet with your staff in good faith, try to work out an arrangement that
is acceptable to Barron Collier and along the lines as contained in the
memorandum signed by Leo Ochs and Blake Gable on August 22,
2017;
B, our withdrawal is without prejudice to any statutory or
common-law rights of AMUC to proceed with the water and sewer
authority matter if we cannot come to a mutually acceptable
agreement;
Simply put -- C, simply put, we currently estimate that the cost of
receiving service from the water and sewer district will be detrimental
to our plans for developing Hogan Island. The purpose of our
discussions will be to see if we can somehow bridge that gap.
The discussions between Leo, Nick, Blake, and me, as well as
those between our attorney and yours, are to the effect that if we
cannot come to an agreement on how to proceed, Barron Collier
companies may petition the Board to remove the Hogan Island
property from the water and sewer district service area; and,
D, if we have not come to an agreement within a reasonable
period of time, say by the end of October, AMUC will proceed with a
certificate case so that the water and sewer authority may grant the
franchise expansion. Thank you.
MR. MILLER: And that was all of our speakers on this item.
COMMISSIONER McDANIEL: If it pleases the Chair, I'd like
to ask -- allow Mr. Genson, if he has anything else he'd like to add to
the record. This is a pretty important item -- if he has anything else to
say. You seemed to be rushed.
July 10, 2018
Page 54
MR. GENSON: Well, three minutes, but...
COMMISSIONER McDANIEL: Yes.
MR. GENSON: Well, negotiation. It's a big deal for us,
obviously. It's millions of dollars that we have to work with with
respect to the cost of service from Collier County or the cost of service
from ourselves.
So we don't take this lightly. And it's not something that I'm
saying we're going to develop all 7,000 acres tomorrow. We've been
around here for over a hundred years. We take a long-range-plan look
at things, and we try to set up things so that we put ourselves in the
best positions to serve when we do want to develop those areas.
So it's been -- I understand where the county's coming from with
respect to the service in Eastern Collier. We've had numerous
discussions with Mr. Ochs and Mr. Casalanguida and Dr. Yilmaz. I'm
confident that we can get to some sort of an agreement, but it's going to
take a little bit more time. If we can't, I just want the ability to come
back to you to see if we can just do it on our own.
COMMISSIONER McDANIEL: Thank you.
CHAIRMAN SOLIS: The first light that was on was
Commissioner Saunders, but I think you've already asked your
question.
COMMISSIONER SAUNDERS: Well, I did have another
question for staff and the County Attorney. There were a lot of
conditions that were just enumerated on the record. Are all of those
incorporated in the memorandum, or is there anything you object to?
MR. KLATZKOW: No. I think what's going to happen is that
during the summer, staff, led by Leo and Nick, are going to see if they
can negotiate some sort of understanding, in which case we'll be
servicing it. And if they can't, eventually, this issue's going to come to
you to see whether or not you want to insist on servicing this area or
allowing them to service it.
July 10, 2018
Page 55
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN SOLIS: Okay. Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. And I'm going to speak --
direct my remarks to the last speaker, but you don't have to -- Mr.
Genson. But I was on the commission when we passed the 50-year
water plan which basically talks about we, too, in the county are
thinking about the future. We, too, want to make plans for that growth.
And we, too, have standards that we know that are very important for
the health, safety, and welfare of this community.
And that is why this is such an important issue for us. And it is
never ever to cast dispersions on what you've done. It's more to ensure
that future generations here have the benefit of Collier County as their
service provider.
Thank you.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. I have a question for the
County Attorney. Staff's recommendation is to approve this resolution
as written with the memorandum of understanding, not necessarily
including Mr. Genson's public remarks that were made at the podium.
By passing this, which I feel inclined to do, the folks at Barron
Collier, they have to come back before us and share that they want to
remove that aspect of Hogan Island out of our district, and will we be
allowed to do that?
MR. KLATZKOW: Yes. You have the right to service the entire
area. You have the right to allow other people to service it.
COMMISSIONER McDANIEL: And/or cooperate along the
way.
MR. KLATZKOW: Yes, sir.
COMMISSIONER McDANIEL: Okay. You have a picture, Dr.
Yilmaz?
DR. YILMAZ: Yes, sir. For the record, your public utilities
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administrator.
If you go to your package, Page No. 255 under PowerPoint
presentation on the right upper side called 11B5.
Very brief background information, Commissioners, for you
individually and collectively. In addition to what Board did approve
during your water resource sustainable workshop, we did come before
you and, unanimously, our board approved, on the regular agenda,
vision, mission, guiding principles for the -- how we want to see our
water resources sustainably being managed, including stormwater
harvesting, integrated water resource management, water supply, water
conservation, those vision and guiding principles incorporated and on
record.
Now, given that foundation and Board general guidance on a
strategic level, what you see in front of you is the conceptual plan.
Now, moving from strategic to tactical level, the subject matter you
just did hear from Barron Collier Companies are the one on the upper
left corner called Hogan Island Village. That's the subject service area
that we're talking about.
Now, you did hear from Collier Enterprises, who owns the land
and also has management rights of the Big Cypress district created by
special act by the state legislature. They do have their own right for
governing, and they are the stewardship area, very similar to Ave
Maria. And if they want to go and move forward with their own
water/sewer plants, they would.
They have chosen to come to us and ask to be part of the
integrated water resources management strategy, including water
conservation, incremental conversion of agricultural water use being
converted into potable water use and optimizing irrigation use for
potential organic farming among others and agri-good.
So there is a business plan being developed; will be coming
through the growth management in terms of what the vision they have
July 10, 2018
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appears to be consistent in concept with the Board's vision and mission
and guiding principles approved.
Commissioners, I just want to point out the size of the district.
That's about City of Naples. And they are working with us. We just
received -- now, I'm going to request -- and our County Manager is
very diligently showing the areas. That's called Winchester Lakes.
The Winchester Lakes, as of yesterday, we have an official
request from water/sewer district for us to serve them. And we're
working with them to make sure that in time we will be able to provide
services that includes potable water, wastewater, wastewater
reclamation, irrigation water, and stormwater harvesting where
possible, including freshwater lakes going into deep aquifer system
similar to Marco, utilize those freshwater supplies up to 30 MGD that
currently being used for farm irrigation between Big Cypress and the
Winchester.
Now, Board has already decided that -- and we finalized what
was called Orangetree utility. Now it's called Northeast South
Regional Wastewater, and we are regionalizing water system for the
Orangetree Utilities. They do not have water reclamation system, and
we are moving to make sure that it's a water reclamation system and
water reuse being utilized there.
And we're already interconnected and providing service to what
Orangetree used to provide service to. Twin Eagles North and Twin
Eagles South is able to develop quality development because of the
fact that we're able to give them water, and we're also providing water
to Orangetree and Valencia Lakes, and last piece left is Valencia
Country Club.
Now, these are tactical pieces. That means we're moving in the
ground as fast as we can executing board vision, mission, and guiding
principles. We're in the execution mode.
In the meantime, I want to point out that the star you see,
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Commissioners, is our northeast regional plant. We already invested
north of $26 million, and we are about close to 99 percent design, and
we're in the process of updating technology, SCADA, communication,
instrumentation, and that is there not just for northeast. That is there
for west, south, central, northeast, and east. That's a regional plant in
terms of water to serve our water needs for next 50 years depending on
density and depending on what the Board decides.
So we are flexible, adaptable in this plan for Board to make
decisions in terms of what they want to see on the eastern side of the
development in terms of water supply and stormwater optimization,
stormwater harvesting, and bring back to you something better than
what we have now, including the discussions we did have with our
team members in Big Cypress and Collier Enterprises that our goal is
to reduce current discharge to our waterways, eventually goes into
bays by 10 million gallons at the end of buildout.
And that's our goal, established, and use that for internal farming
toward organic farming and also agri-good type development, of
course, that 30 years out.
So having said that, going back to Hogan Islands. You see the
dark line. We will build that pipeline. It just matter of time. And we
can move it faster, as fast as we need to. And as you can see, Hogan
Lakes Village where I think, for all good reasons, Barron Collier wants
to say we want to build our own package sewer treatment plan, which
is against our special act; however, our special act allows for us to run
package sewer treatment plants. That's on table.
And so as our county manager indicated and as Barron Collier
indicated, there are some options on a tactical level that we can come
to terms with agreement; however, you could see that if you're going to
go and serve Big Cypress, which is one of the largest developments
coming to Collier County with high density, low density -- Winchester
Lakes is about 2,500 units, 300 multifamily, and parks and commercial
July 10, 2018
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development. We already have their site plan and count and demand
curves. So we've got infill between Winchester to the Orangetree.
And oh, by the way, one more piece, Commissioners. I know I'm
taking more of your time, but picture speaks thousand words, but at the
same time I want to bring the Board to knowledge base; just not
information. You need to be in knowledge of land trusses (sic) within
our current water/sewer district. We're obligated to serve there. We
will serve there. We will bring service lines there.
If we are there, you look at the Hogan Island Lakes -- I'm sorry --
Village. Names are changing faster than I can remember, so...
That's where we are. That gives you the picture where the
locations are, size of the developments are. And, frankly,
Commissioners, if you serve Hogan Island Village and then you can
see the Big Cypress on the east side of it, right in between, that area is
potential development. We'll be positioned to serve that, too.
This is not about empire building. This is about following
board-approved vision, mission, guiding principles, optimizing water
resources, sustainable resources, minimize surficial aquifer and
freshwater supply wells, minimize, continue with our 80/20 and 60/40
alternative water supply that will minimize impact on the wetlands and
watersheds and also reduce water demand, not just for potable water,
but agricultural water through partnerships where -- like our partner,
Big Cypress, willing to work. As they do agriculture, they will
continue to do so. As they move to development, we will look into
how we can conserve the water, and what we conserve, can we turn it
into high-quality irrigation water toward organic farming, among
others.
So hopefully I was able to paint the picture. And I very much
appreciate it, giving me chance to speak to just one page, and I think
that tells the story.
COMMISSIONER McDANIEL: That was a thousand words for
July 10, 2018
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a picture.
DR. YILMAZ: I was surprised myself, sir.
COMMISSIONER McDANIEL: That was beautiful.
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Just one question. Great
presentation, by the way, and it sounds -- it sounds like everything that
we've hoped that it would be.
My question is -- and I might have missed it, so I'm going to ask
it now.
DR. YILMAZ: Yes, ma'am.
COMMISSIONER FIALA: Does that also include the fire
suppression water? What did they call that?
CHAIRMAN SOLIS: Fire hydrants?
DR. YILMAZ: Ma'am, I got your intent. I know where you're
going. I got your intent.
COMMISSIONER FIALA: Okay. Good.
DR. YILMAZ: The answer is yes. Every time we go and we put
our water lines, we have fire hydrants. We took over FGEA. We're
putting more fire hydrants as we move flows.
Oh, by the way, North Twin Eagles, they don't -- they did not
have fire hydrant pressurized utility system. Their fire hydrants under
that private utility were connected to stormwater drainage ponds and
retention ponds.
And the pressures for second floor on the North Twin Eagles we
were down 40, plus/minus 5. Now we're getting feedback that they are
able to take shower on the second floor. So it's not just the quality. It's
pressure and also sustainability of the service to the point where we
have the right pressure for the people we serve, we have the right
pressure for our public safety first responders so that when we do tap
into a fire hydrant, it is fire hydrant ground (sic) water supply at 80 to
90 PSI.
July 10, 2018
Page 61
And that was very obvious when we had the fire pushing our 951
corridor. We stopped it on their track because of the fact that we just
pressurized the heck out it, lack of words, so that any fire truck taps
into our fire hydrant, they would fill it up in no time.
COMMISSIONER FIALA: That's just wonderful. That's exactly
where I was going.
DR. YILMAZ: Yes, ma'am. Thank you very much for the
feedback.
COMMISSIONER FIALA: I think we have a motion.
DR. YILMAZ: Oh, by the way, Commissioners, if I might. I
think Ave Maria Utility -- I want to make sure that we're on record.
We have great deal of respect for Ave Maria Utility, the way it is being
constructed, the way it's being ran. And we took over about 76 over
last two decades, derelict package sewer plants, one being Port O
Prince. It was a rust bowl.
And so we have done everything we can to provide service to our
customers. At the end, that's who they are. And we've moved in and
brought them to the standard.
And I want to leave you with one thought. On the Hogan Island
Village, if you go in there, it will be to our standards. Now, I'm not
going to get into too much of a detail, but our standards, you just
approved today updates, takes resiliency in picture. Backup pump
stations and backup generators and backup diesel pumps kicks in play.
SCADA system kicks in play. Radio communication in lieu of fiber-
optic SCADA system under hurricane conditions kicks in play, which
work very well for us. All those are additional costs for the
community for a sustainable service.
And one of the things we have seen in the past, when we have
these package sewer treatment plants, especially under their own
governance, they do not have to or feel they don't have to follow our
board-approved utility standards and utility ordinance.
July 10, 2018
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And we end up with, at one point, taking over substandard
utilities that we have to invest significant amount of money. So we
pay it in the front, or we pay it at the end. And I think our board's
vision, guiding principle, consistent with the special act, says if you
want to have a package sewer treatment plant, you have the ownership,
run it from day one, integrate it into your system, have a countywide,
high-quality, high-standard resilient and sustainable water/sewer
service for any development as good as from Pelican Bay to Pelican
Marsh to Orangetree. Give us about 18 more months, actually they
might have something better than some of the older communities on
west. That's what we do.
COMMISSIONER McDANIEL: We like it.
CHAIRMAN SOLIS: That's 2,000 words.
COMMISSIONER McDANIEL: I'll make a motion for approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SOLIS: There's a motion and a second. Any other
discussion?
(No response.)
CHAIRMAN SOLIS: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: It's approved.
MR. OCHS: Thank you, Commissioners.
Item #11C
July 10, 2018
Page 63
RECOMMENDATION TO AUTHORIZE STAFF TO ADVERTISE
AN AMENDMENT TO ORDINANCE NO. 2007-65, AS
AMENDED, WHICH ESTABLISHED AND IMPLEMENTS THE
CONSERVATION COLLIER PROGRAM – MOTION TO
CONTINUE TO A FUTURE MEETING IN SEPTEMBER –
APPROVED
Mr. Chairman, that takes us to Item 11C. This is a
recommendation to authorize staff to advertise an amendment to
Ordinance No. 2007-65 which established and implements your
Conservation Collier program.
Ms. Alex Sulecki will make the presentation.
MS. SULECKI: Good morning, Commissioners. For the record,
Alex Sulecki, coordinator of the Conservation Collier program. I have
a short presentation, or I can answer questions at your pleasure.
COMMISSIONER McDANIEL: I think we have a couple of
public speakers, unless the Board wants to hear the presentation.
COMMISSIONER TAYLOR: I want to ask a question, if I may.
CHAIRMAN SOLIS: How many public speakers do we have?
MR. MILLER: We have two registered speakers for this item,
Mr. Chairman.
CHAIRMAN SOLIS: Okay. Are there just questions from the
Board, or do you want hear the full presentation?
COMMISSIONER TAYLOR: Yeah, I have a question. No, no. I
have a question.
CHAIRMAN SOLIS: Okay.
COMMISSIONER TAYLOR: Hi. Hello, neighbor.
Ms. Sulecki, didn't -- it's my understanding that the CCLAC
wanted to review the change in the ordinance, that it was -- they didn't
necessarily want -- they wanted to see what our reaction was and look
at it again, sort of have a second bit; is that correct?
July 10, 2018
Page 64
MS. SULECKI: I'm not quite sure I understand the question
when it relates to a second bite.
COMMISSIONER TAYLOR: Meaning, they wanted -- they
wanted us to consider it, but they weren't -- it wasn't -- it's my
understanding this wasn't supposed to necessarily come to us today as
an ordinance. Certainly to -- the date, July 10th, was specifically to
determine, okay, where are we financially, budgetary issues; what are
we going to buy today; what do we want to defer until another time
when, if the majority of the Board agrees we are in a better final
situation, not necessarily to amend an ordinance.
COMMISSIONER McDANIEL: And you're -- Commissioner
Taylor, you went off into Item D on the purchases and such. This is --
COMMISSIONER TAYLOR: Oh, I'm combining both.
COMMISSIONER McDANIEL: Yes, yes. This is a discussion
with regard to the ordinance. And as a point of clarification, I mean, I
would like -- I mean, we have public speakers to speak, but I think that
we're premature yet on voting to amend this ordinance today.
COMMISSIONER TAYLOR: Right.
COMMISSIONER McDANIEL: There was communication --
this was initiated by me, so there was communication that they wanted
to speak further with me. Some of the adjustments that I had
suggested didn't make it over into what's being proposed today for us
to adopt, and so short of hearing from our public speakers, I'm going to
move that we continue this item until September.
We have a functioning ordinance. The ordinance that we have is
not broken. It just could use some adjustment.
COMMISSIONER TAYLOR: Well, I'll second that just to keep
it on the table and hear from our speakers.
COMMISSIONER McDANIEL: Yes, sir.
MR. MILLER: Mr. Chairman, your first speaker is Meredith
Barnard. She'll be followed by Brad Cornell.
July 10, 2018
Page 65
MS. BARNARD: Meredith Barnard on behalf of the Florida
Wildlife Federation.
I just want to go ahead and mention that I do support the motion
that's on the table right now. We don't believe it's an appropriate time
to be looking at changes to the ordinance. So I just want to express our
support for the motion on the table. Thank you.
MR. MILLER: Your next and final speaker is Brad Cornell.
MR. CORNELL: Brad Cornell on behalf of Audubon of the
Western Everglades. And, likewise, I think that motion is appropriate.
It was our expectation at the CCLAC meeting, the advisory
committee meeting, that there was an expected dialogue that was going
to be kind of set up, and I think that's not quite done yet. And so I'm
not -- we're not saying that there isn't room for improvement, but
there's no Cycle 10. Cycle 9 is with the current ordinance. Let's get
through this, and then let's talk some more. Thanks.
MR. MILLER: And that was your final speaker.
CHAIRMAN SOLIS: There's a motion and a second to continue
this item.
COMMISSIONER McDANIEL: Do you want a date certain,
Leo, to make it easier for you, or do you just want to --
MR. OCHS: It's up to the Commission. You know, frankly,
Commissioners, we've pushed this noodle a couple of times with the
Board, and you've directed us to come back with --
COMMISSIONER McDANIEL: You have to push it again.
MR. OCHS: -- reviews to the ordinance. You know, we're ready
to go. But we're waiting, I guess, to see what else we need to put in
here.
So I'll work with Commissioner McDaniel, if that's okay with the
Board, or any other members that want to change it, if you could
please let me know what those are, and then we'll circle back once
we've covered all bases. Fair enough?
July 10, 2018
Page 66
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: Alex, could you tell me how you
feel about this ordinance and how it will benefit you or not benefit you
and the program?
MS. SULECKI: Well, I guess I would have to concur with the
Conservation Collier Committee when they said that they don't feel
like the ordinance is really broken; it doesn't need a lot of work.
We did come to you with a resolution to focus our criteria based
on your determinations annually as we go through cycles, when we
start back to them again. And we envision that as a way to address
your concern about criteria without changing the ordinance.
So I would say that there's no emergency in changing the
ordinance at this time.
COMMISSIONER FIALA: Okay. Thank you.
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: Item's continued.
Item #11D
RECOMMENDATION THAT STAFF CONTINUE TO PURSUE
THE HACK AND GORE PROJECTS AND THAT THE
REMAINDER OF THE RECOMMENDED CONSERVATION
COLLIER A-LIST PROPERTIES BE PLACED ON THE B-LIST,
July 10, 2018
Page 67
THE MAYR PROPERTY ON THE C-LIST AND THAT STAFF
DOES NOT PURSUE ACQUISITION OF ADDITIONAL
PROPERTIES UNTIL A DEDICATED FUNDING SOURCE IS
IDENTIFIED AND BECAUSE THERE ARE MORE PRESSING
PRIORITIES AT THIS TIME, AND TO PROVIDE DIRECTION ON
FUTURE CYCLES – MOTION TO ACCEPT STAFF’S
RECOMMENDATIONS LEAVING THE A-LIST PROPERTIES ON
THE A-LIST WITH STAFF TO BRING BACK UPDATES AND
POSSIBLE SALES RECOMMENDATIONS IN THE FALL –
APPROVED
MR. OCHS: 11D is a recommendation that the staff continue to
pursue the Hack and Gore projects and that the remainder of the
recommended Conservation Collier A-List properties be placed on the
B-List, the Mayr property on the C-List, and that staff does not pursue
acquisition of additional properties until a dedicated funding source is
identified.
And Alex will also make this presentation.
MS. SULECKI: Well, hello again.
COMMISSIONER McDANIEL: There you go.
MS. SULECKI: I have a short presentation -- well, actually, I
have a presentation that goes through the properties that remain on the
list. It's not super short. And if you'd like me to do that, I'll be happy
to, or if you have questions, we can go to your specific concerns.
CHAIRMAN SOLIS: That would be a presentation, the same
presentation, essentially, that we saw last time on the old properties?
MR. OCHS: Yes, and the direction, going back to Commissioner
Taylor's comment a minute ago to the staff at that time, was bring the
balance of the list back in July, let us know where we are with the
FEMA reimbursements, and we'll make -- you, the Board, you will
make some decisions about where you go next with these ninth-cycle
July 10, 2018
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acquisitions.
CHAIRMAN SOLIS: I don't need to see the analysis of the
properties again. I think the update on the FEMA reimbursements is
relevant, though.
MR. OCHS: Well, I mean, there's good news --
COMMISSIONER TAYLOR: Not so good.
MR. OCHS: -- but not great news. The great news is that about
$10 million worth of reimbursement is in the pipeline. It's cleared
FEMA, and it's cleared the state auditors. Now we just need the check
to come out of the state accounting office.
CHAIRMAN SOLIS: Is that the same pipeline that the Wilma
money is --
MR. OCHS: No. This hopefully is -- this one, as Dr. Yilmaz
would say, is under higher pressure, I believe --
CHAIRMAN SOLIS: Okay.
MR. OCHS: -- than that one.
So we don't have any reimbursement in hand, but we're getting
some encouraging signs from the state DEM and DEO that there will
be some reimbursements here before the end of the FY.
But as it relates to this item, I don't think 10 million of an $80
million outlay is necessarily something that I'm comfortable saying,
yeah, go ahead and buy whatever you want because we've got all that
money coming back in.
CHAIRMAN SOLIS: Commissioner Taylor, you were first.
COMMISSIONER TAYLOR: I just need to understand why
we're moving the A-List to the B-List. It sounds like we're
downgrading them. Why are we doing that?
MS. SULECKI: The reason staff suggested that was because we
don't know when exactly the money will be available if we kept them
on the A-List, and that would allow us just to re-rank them in the next
cycle.
July 10, 2018
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But there was a recommendation by the Conservation Collier
Committee, they kind of updated their recommendation that's in the
executive summary just a few days ago, to you, and they would prefer
if the property stay on the A-List and we just buy them as we're able
to.
COMMISSIONER TAYLOR: I'm liking that idea a lot.
MS. SULECKI: The only thing about that is we don't have a rule
or anything to guide us in that. So if that's what you choose to do, I'm
sure we can manage and work it out. But we don't currently have a
situation under our ordinance where we keep properties on the A-List
for extended periods of time.
COMMISSIONER TAYLOR: But wouldn't that help with the --
to be very clear, the intention of Conservation Collier Committee but
also this board if we're saying there's a valid reason, this is unusual, but
-- wouldn't that help get the message to leave it on the A-List?
MS. SULECKI: If you did leave it on the A-List and we found
grant money, it would assist us in showing the community's concern
and interest in the property. So that could certainly be done, and I'm
sure we'd work out how to do it with your guidance.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN SOLIS: Commissioner Fiala, I think, was next.
COMMISSIONER FIALA: Yeah. I was just wondering, every
so often there's a new development. There's nothing that I have in
mind, because I don't even know if there's any right now. But
sometimes they don't want to -- they don't want to leave the preserve in
the development that they're building. Not that I don't think that
should be done, because I do.
But say, for instance, they aren't, and that's going to be extra land
they can build on, but they have to compensate in some way, so they
have to buy other preserve land someplace. Could we -- is it legal for
us, for our staff members, to suggest to whomever Mr. Developer is
July 10, 2018
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that they could also buy in the Conservation Collier program instead
and -- for that preservation? Is that something that can be done?
MS. SULECKI: Ma'am, I believe we already have something of
that in the Land Development Code, the off-site preservation option
that's going to be, I think, before you under 17A today. So, yes, we
have those; in fact, that is the primary funding source now for our
multi-parcel projects.
COMMISSIONER FIALA: Oh, good. Okay. Thank you very
much.
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: Thank you. I may be a little
confused, and I understand the concern about FEMA reimbursements
and the fact that we spent a lot of money, and we're waiting for a lot to
return. But this board, I think, almost 18 months ago set aside $17
million for land acquisition.
So there's a statement that you're not sure where the money will
come from. I mean, we do have $17 million that was set aside for land
acquisition; maybe it was about 15 months ago. So I'm a little
disappointed that we haven't moved a little more quickly, but we do
have two properties on the agenda for consideration.
And I don't see any reason to take properties off the A-List
because there's not a -- because there's not a fund available, because
there is a fund available. And I thought this commission sort of said to
our committee and our staff, go find some land, go buy it, and let's
keep moving along.
MR. OCHS: Well, what you told us in April was to go pursue the
Hack and the Gore properties and the multi-parcel properties and then
come back today to give you an update on where we are with FEMA
reimbursements. No more, no less.
COMMISSIONER SAUNDERS: I understand.
MR. OCHS: And the FEMA reimbursement is not directly tied to
July 10, 2018
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the $17 million that you earmarked in the maintenance fund to acquire
properties. You're absolutely right.
COMMISSIONER SAUNDERS: Commissioner McDaniel had
very appropriately pointed out at that time that we had a tremendous
amount of money in the maintenance fund. I think that you said at that
time that was enough maintenance money for 50 years or some very
extended period of time, that we could take some of that and acquire
some properties, and that's where the 17 million came from.
COMMISSIONER McDANIEL: And that was -- you're correct.
But that accounted for a portion of the acquisitions. And at the time --
and this is a moving target. This is a -- you know, at the time when
that proposition came forward, the combined A- and B-List and
aggregate was a total of $9 million and had been for quite some time.
And that was on the rationale -- and I'm watching as I'm -- as
we're up here for those 15 months, I'm watching with the -- with the
notion of a lack of available funding for acquisitions. There's not a lot
of interest in acquisitions. And then when we started to discuss
available funding for acquisitions, that list, in aggregate, went from 9
million to 27 million; boom.
And so -- and then our staff is refining the ongoing maintenance
expenses that are associated with the acquisition of properties.
Alex has shared with us multiple occasions the excessive -- I call
it excessive, but it's a portion of the acquisition process. I mean, one of
the properties included close to $4,000 an acre of additional exotic
removal just to get the -- just to get the acquisition -- or the property in
a condition that was acceptable.
So you're correct, Commissioner Saunders, there is a funding
source. The notion that we don't have a funding source has, I think,
been misconstrued. I would think -- I don't -- I didn't understand the
rationale moving these properties off the A-List to the B-List.
And so -- and, again, it's necessarily tied to what we have going
July 10, 2018
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on with FEMA reimbursements or not. But I would be not -- I would
be in favor of keeping these properties on the A-List and exploring
acquisitions in the future as the case may be on a case-by-case basis.
COMMISSIONER TAYLOR: Okay. Can I make a motion?
CHAIRMAN SOLIS: We have some public speakers?
MR. MILLER: Yes, sir. We have four registered speakers on
this item. Would you like them now?
CHAIRMAN SOLIS: Yes.
MR. MILLER: Your first speaker is Patricia Sherry. She'll be
followed by Meredith Barnard.
MS. SHERRY: For the record, I'm Patricia Sherry, and I am vice
chairman of CCLAC. I will keep it short and sweet, because I am
short.
So I'm glad to see the support to keep these properties as A
properties. We were given the charge to find $17 million worth of
properties to purchase and our commission -- or committee worked
very hard, very diligently meeting multiple times to ensure that the
properties that we did choose were the best properties for the county,
for everyone, for all the citizens, and to move them to B right now
where we aren't sure if we have funding, you're not sure if you have
funding or not, I think, is kind of premature.
So I'm hoping you will keep them at least for the short term on
the A-List so that as we move forward, if money is available, we have
properties we know are great properties for Collier County to purchase.
Okay. Thank you.
MR. MILLER: Your next speaker is Meredith Barnard. She'll be
followed by Brad Cornell.
MS. BARNARD: Meredith Barnard, for the record, on behalf of
the Florida Wildlife Federation. I promise this is my last time up here
today.
The Conservation Collier Advisory Committee recommended
July 10, 2018
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nine parcels to offer acquisition and ranked them on the A-List earlier
this year.
The Gore property, which will come before you in the next item,
has been long supported by the Federation for acquisition by the
county. And so while that's part of this item as well, I'll go ahead and
loop in my support for acquiring that property into these comments
here.
The acquisition of the A-List parcels would nearly double the
amount of conservation land that the program currently has in the
county. It would total over 3,500 acres.
As Commissioner Saunders pointed out -- and the Federation
does support the Board's initial decision to utilize that 17 million to
move forward with purchasing the balance of the properties outside of
the Gore and the Hack that we're already moving forward with.
When the 17 million was authorized for acquisition, the public, in
good faith, offered these parcels, these properties to the program with
the idea that the funding is available and, if highly ranked, the county
would presumably move forward with purchasing them. And if they
are not purchased at the time, it's not guaranteed that these properties
will still be available or reoffered to the county in the future when they
are being considered.
So with that being said, the Federation does urge you to move
forward with Option 1 in the staff report, which is to move forward
with purchasing the balance; however, if you do consider instead the
recommendation by staff, we support CCLAC's recommendation to
not switch the A-Listed properties to the B-List but rather maintain
them on the A-List and perhaps maybe set a certain time in the future
to take another look at those properties instead of having it as an
indefinite period of time, some future date to come back to it.
Thank you again for your time.
MR. MILLER: Your next speaker is Brad Cornell. He'll be
July 10, 2018
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followed by Clyde Quinby.
MR. CORNELL: Hello again, Commissioners. Brad Cornell
again on behalf of Audubon of the Western Everglades.
I'm here to support the acquisition of the remaining parcels on the
Cycle 9, the seven remaining parcels. We also supported your decision
to pursue the Gore and the Hack properties. And your item coming up
on Gore, we support that, of course, and pursuing -- continuing to
pursue the Hack parcel.
I'm concerned that -- well, let me just say that Cycle 9, you may
remember my saying that back in April. This was one of the best
cycles we've had in Conservation Collier since its existence. These are
great parcels. These will benefit everyone in Collier County
throughout the county.
So this is something -- this is an opportunity that you have created
by creating this Cycle 9 and the setting aside this -- the $17 million, up
to $17 million.
So we support the purchase of the rest -- keeping them on the
A-List. Pursue them now. Don't wait. Do them now. This is
appropriate.
The concern about hurricane impacts and expenses that could
possibly come this summer, I think, are calmed by several things: One
is that any contracts for sales is going to come after we know what the
result of hurricane season is. And if you don't have the money, then
you're going to have to wait. And if you do, which you do now, keep
moving forward.
And the other thing is that in addition to the $10 million that
County Manager Ochs talked about, there was also news about
disbursement of funds from the federal disaster supplemental funding
bill, and some of that is coming to Collier County. That also will help
in addressing the reserves that we need for resiliency.
And, finally, the Audubon of the Western Everglades is very
July 10, 2018
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concerned that over a year ago you asked the public to come, apply to
sell their land, and they have, very enthusiastically. And as I said, it's
been great land that they have offered for sale.
For the county to then turn around and say, well, on second
thought we're going to put you on the B-List and we're going to make
you wait maybe a couple years, and we're not really sure, that's not
good business. I think that will harm Conservation Collier in the long
run. And it's not the way we should be treating people who want to
come and apply for selling land.
So, again, we urge you to move forward with the remaining seven
parcels. Thank you very much.
MR. MILLER: Your final speaker is Clyde Quinby.
MR. QUINBY: For the record, my name is Clyde Quinby.
Commissioners, it's been a long time since I've come here. I guess I've
aged a little.
COMMISSIONER McDANIEL: It's good to see you.
MR. QUINBY: My reason for being here today is on the two
parcels that are on the list.
One of the parcels is 37 acres, and it's on the A-List, and the
second parcel, 77 acres, is on the B-List. To me this makes no sense
because these two parcels total over 100-and-some acres. They border
Wing South. They have a density of 355 acres, and that's the annoying
procedure they'd have to go through zoning.
They're also contiguous to one of the parcels that's already owned
by Conservation Collier that comes off of 951 and borders south on
Naples Heritage.
We thought one of the reasons the problem might be with the 77
acres, it has a lot of exotics. So the owners of these -- I think you
received a letter where they're willing to contribute $250,000 from
whatever the purchase price would be to remove these exotics.
So my request is this: That you consider moving 77 acres, the
July 10, 2018
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one that's on the B-List, to the A-List because, otherwise, for them to
separate, sell off the smaller portion that they can use for mediation --
and I'm working with two developers at the present time. But I think
these parcels would make a beautiful addition to Conservation Collier.
So thank you for your time. Hopefully I can come back in
another 30 years and address you.
COMMISSIONER TAYLOR: Pleasure to see you, sir.
MR. MILLER: And that was your final speaker, sir.
CHAIRMAN SOLIS: It's not turning on.
COMMISSIONER McDANIEL: It didn't turn on? You want me
to --
CHAIRMAN SOLIS: Do it again.
COMMISSIONER TAYLOR: There it goes.
COMMISSIONER McDANIEL: Okay. I just would like to
make a suggestion, and it's maybe more of a point of clarification.
You know, Commissioner Saunders, you mentioned earlier, there
was quite a bit of math that came into play when I developed that
alternative to designate these funds for acquisitions. And maybe if
we're -- because it was set up to be able to utilize those funds for
acquisitions. And then there was the premise that came across, and I
saw it from my -- some of my friends and folks that serve on the
CCLAC that there was a resistance there for future acquisitions.
And then again, as I said, when we did the calculations,
determined that 17 million for acquisitions, 15- left for maintenance
and such, there was a supposition that a portion, not all of the, then, A
and B lists were going to be acquired, and that we would still have
approximately 15 years of maintenance funding available, plus or
minus a year or so, to be able to secure alternative funding sources and
continue on with the program if, in fact, we chose to do so. That was
the whole premise behind it.
There was a misnomer at some stage that we were -- and, of
July 10, 2018
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course, that came up pretty quick when the number jumped like it did
when the funding source was, in fact, designated, and then there's -- it's
kind of -- Commissioner Taylor, you've brought it up multiple times.
Our friend, Duke Bessy (phonetic), has come up with some price per
acre on maintenance of environmentally sensitive lands that are
significantly --
COMMISSIONER TAYLOR: I have information for you.
COMMISSIONER McDANIEL: You got it from who?
COMMISSIONER TAYLOR: I think I got it from Mr. Vasey.
COMMISSIONER McDANIEL: Yes; you mentioned that.
And so one of the things that I would like to see our staff do,
since I'm looking at you, Alex, is as these acquisitions come forward to
us, I would like to see the impacts to the fund on a little more specific
basis of what -- the ramifications of the term of that fund as far as the
maintenance goes and what those ramifications, in fact, are for the
future acquisitions that the CCLAC decides to bring forward to us.
There was a misnomer early on in the process that this $32
million was maintenance fund in perpetuity. It wasn't. There's going
to be a period of time when additional funding is going to be required.
We're shortening that time frame from the originally estimated 50
years to 15, plus or minus, depending on what we do acquire.
So the onus or the rationale there's a rush to buy or not buy is not
there. But I think if we put an emphasis -- a little more emphasis on
what the impacts of the maintenance fund, in fact, are and a term that it
has, it will give the Board some opportunity to move forward.
COMMISSIONER SAUNDERS: If I could just add a comment
to what you just said.
COMMISSIONER McDANIEL: Please; come on.
COMMISSIONER SAUNDERS: When the Board did this, I
think in March of 2017 --
COMMISSIONER McDANIEL: Yes.
July 10, 2018
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COMMISSIONER SAUNDERS: When the Board did that, the
Board also made the commitment to replenish that Management Fund.
And what we said was that when Conservation Collier is renewed by
the voters, we'll replenish the fund. And if it's turned down by the
voters, we'll find a way through the General Fund to replenish that.
So there was never a position of this board to take money out of
management and never put it back.
COMMISSIONER McDANIEL: Right.
MR. OCHS: No. And, Commissioners, correct. What you said
was we'll replenish with a successful referendum or we'll adjust the
millage to replenish that fund.
COMMISSIONER TAYLOR: And all that was BI.
MR. OCHS: Excuse me?
COMMISSIONER TAYLOR: Before Irma. And 82 million, not
including salaries, that we've spent on Irma right to date.
CHAIRMAN SOLIS: Was that --
COMMISSIONER TAYLOR: That's it.
CHAIRMAN SOLIS: That's it.
COMMISSIONER TAYLOR: I didn't ask you to acknowledge
me. I just broke right in.
MS. SULECKI: Commissioners, I'd be happy to go through the
active acquisition list with you, because there's a couple of twists and
turns in there including the one that Mr. Quinby got up and talked
about with the properties being split from the A- and B-List. There's
also another property that has a size differential. It's on both the A-
and B-List, so...
CHAIRMAN SOLIS: Well, just -- I think what I'm hearing is
that there's interest in leaving the other properties that are on the A-List
now on the A-List and not moving them to the B-List and then
bringing this back --
COMMISSIONER TAYLOR: Yes.
July 10, 2018
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CHAIRMAN SOLIS: -- sometime in the future sooner rather
than later --
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SOLIS: -- to look at the potential acquisition of
other properties. And that's -- I don't know that we need to go through
the presentation.
COMMISSIONER SAUNDERS: Could I ask for a little bit of a
clarification, because we keep saying bring this back so we can
consider what we're going to do. I think the direction of the
Commission was there's $17 million there. Go out and buy or
recommend purchases up to that amount. And so I don't know that we
need to keep coming back here and saying we'll figure out what we're
going to do.
We already decided what we want to do. We want the citizens
committee to make recommendations on acquisitions up to $17
million. We will approve those acquisitions and direct staff to
negotiate.
So I think the direction should be keep coming back with
recommendations for acquisition so we can approve those and move
forward.
MR. OCHS: Commissioners, not to be argumentative, the last
direction we got in April was to pursue Gore and Hack and the rest of
the multi-parcels projects, so that's where we've stopped, and then
come back to the Board today to get further direction. So that's what
we're seeking.
COMMISSIONER SAUNDERS: Yeah. And that's the direction
I think we should give you --
COMMISSIONER TAYLOR: Yes.
COMMISSIONER SAUNDERS: -- is we've got some money
there. Let's continue to buy properties.
MS. SULECKI: So your idea is keep these all on the A-List and
July 10, 2018
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continue to buy them, just continue to go forward and buy them?
COMMISSIONER SAUNDERS: That would be my
recommendation.
COMMISSIONER McDANIEL: With --
COMMISSIONER TAYLOR: That would not be my
recommendation at this point. One of the options, if we did that, the
option would nearly double the acreage being managed in
Conservation Collier. It would necessitate the hiring of more staff and
contractor services. It would deplete the current Conservation Trust
Fund balance by nearly half, including removal for all project parcels,
and it could cost up to $4 million.
I'm not willing to go at this point -- come at the end of the fiscal
year. We've got $10 million, we know FEMA is actually here. It's
another day. Get through the hurricane season. It's another day. I'm
not willing to go forward at this point. But I want you to keep it all on
the list, and also to address Mr. Quinby's concerns.
MS. SULECKI: Well, that actually would be part of your task
today in deciding if these properties are to be on the A-List, and Mr.
Quinby's item is the SD Corp. There's a portion of it down on the
B-List. And he's asking for it to be moved up onto the A-List, so that's
that question.
COMMISSIONER SAUNDERS: And, Mr. Chairman?
CHAIRMAN SOLIS: Wait one second. I think Commissioner
McDaniel was trying to press his button. Maybe we need to try to --
COMMISSIONER McDANIEL: One of these days we're going
to get --
CHAIRMAN SOLIS: -- double-check the system over here.
COMMISSIONER McDANIEL: There's somebody that's doing
this on purpose.
Who picks the A- and the B-List?
MS. SULECKI: Those are recommendations made to you from
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your Conservation Collier Advisory Committee.
COMMISSIONER McDANIEL: That's correct. And who picks
the A- and B-List?
MS. SULECKI: The Board.
COMMISSIONER McDANIEL: Ultimately, the Board, but with
a recommendation from the CCLAC.
MS. SULECKI: Correct.
COMMISSIONER McDANIEL: Correct. So coming to us today
without a recommendation from you to move a particular piece up
from the B to the A isn't -- have you had an opportunity to review Mr.
Quinby's suggestion?
MS. SULECKI: Oh, yes. And things like that have occurred
before. We have come to the Board with a specific list, and the Board
can change around the order of property. So you have the ability to
change this whole list around even though there's been a
recommendation for a specific list.
COMMISSIONER McDANIEL: Right.
CHAIRMAN SOLIS: Just -- I mean, we've got recommendations
from staff. We've got a recommendation from CCLAC, the CCLAC.
I think getting into, at this point, redoing the list, I don't think it's
appropriate, because --
COMMISSIONER McDANIEL: No.
CHAIRMAN SOLIS: -- that's not what we were here to do.
I would like to see us move forward with leaving these properties
on the A-List the way it was approved to begin with revisiting -- you
know, pursuing the properties as funds are available.
I will restate that the discussion about using funds from the
Maintenance Fund, which is a maintenance fund, and replenishing that
is all based on the assumption that in the future there will be an
alternate revenue source and that, in my opinion, is rolling the dice.
And, again, I don't think that's a prudent way -- especially in light
July 10, 2018
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of the hurricane and the potential for another one, that that's a prudent
way to run the program. You know, I hope the referendum would be
approved, but we don't know if it will be.
And then the other alternative is to unilaterally increase the
millage rate. You know, if the referendum fails for some bizarre
reason, then I see that as unlikely, a unilateral raising of the millage
rate.
So I just think going forward with acquisitions at this point -- with
further acquisitions on that basis is just not a prudent thing to do. I will
say that leaving the list -- the A-List as it is and having staff look at
possibilities if there's grant money, then that's a different situation. But
I don't think we should be now changing the list on the fly like this.
COMMISSIONER McDANIEL: Right.
COMMISSIONER FIALA: I agree.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: No, I agree. We should not be
changing the list.
Just to reiterate, we did make the commitment to move forward.
We do have the funds available.
COMMISSIONER McDANIEL: Right.
COMMISSIONER SAUNDERS: We took those out of reserves
for maintenance with the commitment that we're going to replenish
those over a period of time one way or another.
And so the only thing that's really changed is we did have a
hurricane, and we spent a lot of money. But this is a separate program,
and I think -- my view is, let's continue marching down this A-List.
We have two properties today, and I'd like to approve the continued
acquisition of those two but also have the CCLAC continue to -- and
staff continue to talk to other property owners on this A-List to see if
we can continue to acquire those strategically.
COMMISSIONER FIALA: So let me see if I understand what
July 10, 2018
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you just said. For today only we'll take what we already have in front
of us.
COMMISSIONER SAUNDERS: Gore and Hack.
COMMISSIONER FIALA: Huh?
COMMISSIONER SAUNDERS: Yeah, the Gore and Hack.
COMMISSIONER FIALA: Yes, right, which is something that
we had planned on doing anyway, and leaving everything on the
A-List that was on the A-List. And then when they come back in the
fall, start negotiating on the others. I think it's a good idea, because by
then we'll know if we have our money from FEMA, and that's
something that's been, I think, holding us back a little bit. We're
looking for that. And then we can discuss it. Because one thing we
don't want to do is spend all of our money.
COMMISSIONER SAUNDERS: And I apologize, Mr.
Chairman; just as a thought, though, we're not going to take this $17
million that was raised from Conservation Collier and use it to pay for
Hurricane Irma expenses.
COMMISSIONER FIALA: No, of course not.
COMMISSIONER SAUNDERS: And so to say, you know, we
shouldn't spend that money because we are waiting for
reimbursements, I don't think that really falls.
COMMISSIONER FIALA: You know, if it came out that way,
that isn't the way --
COMMISSIONER SAUNDERS: Oh, no, no. I know. I was just
-- it didn't come out that way.
CHAIRMAN SOLIS: It just occurred to me that the list that
we're looking at that's in the agenda has the Hack property and the
Gore property as Nos. 1 and 2 in the priority, and the rest of the
priorities are to be determined.
So, really, isn't what we're asking staff to do is we're going to
leave the rest of those to-be-determined properties on the A-List. The
July 10, 2018
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staff should come back and -- or the CCLAC should prioritize those
first because we didn't necessarily go with the No. 1 and the No. 2
properties to begin with when we bought the Gore and the Hack
properties. I think the Gore property was No. 3. So is the next step for
the remaining properties on the A-List to be prioritized?
MS. SULECKI: These properties are prioritized right now in the
order that they're presented following the Hack and Gore approvals.
They were moved to the top. But the rest of them are in the order that
the Conservation Collier Committee recommended.
CHAIRMAN SOLIS: Oh.
MS. SULECKI: You also have the ability to change that order,
and that just shows what order we're going to pursue them in. So you
can leave it as it is, which is the CCLAC recommendation, or change
it.
CHAIRMAN SOLIS: Okay. Is there a motion?
COMMISSIONER FIALA: I make a motion -- oh, go ahead.
MS. SULECKI: I'm sorry. Please.
CHAIRMAN SOLIS: Yes.
COMMISSIONER FIALA: I want -- I make a motion that we
pay for the Gore and Hack properties and that we leave in the fall -- or
we start to discuss, the CCLAC starts to discuss and prioritize all of the
rest of the properties, and so when we come back in the fall, we can
then discuss if we want to move forward or how we want to move
forward on those pieces of property. But I think it's important that we
begin the process right now with Gore and Hack.
COMMISSIONER SAUNDERS: I'll second that.
COMMISSIONER McDANIEL: As a point of order, are we not
on Item D?
CHAIRMAN SOLIS: We're actually on Item D.
COMMISSIONER McDANIEL: Yes. And Item D is for the list
of -- the A- and the B-List and the properties that are there. Staff's
July 10, 2018
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commingled the Gore and Hack properties into this item on our
agenda.
CHAIRMAN SOLIS: I think we did that.
COMMISSIONER McDANIEL: Well, no. It says it right here in
the recommendation. If you read the staff's recommendation, they've
actually asked us to approve moving forward -- the recommendation is
to pursue the Hack and Gore properties. It's the next -- those are the
next agenda items that we're actually going to approve moving
forward.
So I think we're a little -- personally, I think we're a little off task
as to what we're here for on this particular agenda item, which is staff
was recommending against the CCLAC of moving these properties off
of the A-List, basically downgrading everybody from A to B and B to
C; yes, that's what they were recommending, and we're not looking to
do that.
COMMISSIONER FIALA: And I said to keep them on the
A-List.
COMMISSIONER McDANIEL: Correct. And so --
CHAIRMAN SOLIS: So maybe we can --
COMMISSIONER McDANIEL: Adjust the motion a minute.
CHAIRMAN SOLIS: -- adjust the motion.
COMMISSIONER FIALA: Sure. Well, then -- go ahead.
CHAIRMAN SOLIS: Do you want me to give it a try?
COMMISSIONER FIALA: Yeah.
CHAIRMAN SOLIS: See if we can get this --
COMMISSIONER SAUNDERS: I'll withdraw my second.
CHAIRMAN SOLIS: She's withdrawing her motion; you're
going to withdraw the second.
COMMISSIONER SAUNDERS: Actually, she can't withdraw
her motion until I withdraw my second, which I've just done.
CHAIRMAN SOLIS: So he's just done that, so --
July 10, 2018
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COMMISSIONER McDANIEL: So you're permitted; you're
permitted to withdraw.
COMMISSIONER FIALA: Yes, I will.
CHAIRMAN SOLIS: I would move that we accept staff's
recommendation, however, that we leave the remaining A-List
properties on the A-List and not adjust the acquisition list in any other
way; that staff, therefore, continue to discuss potential purchases in the
future of the remaining properties on the A-List and that it be brought
back in the fall.
COMMISSIONER SAUNDERS: I'll second that.
COMMISSIONER FIALA: I thought that's what I said.
COMMISSIONER SAUNDERS: That's close.
COMMISSIONER FIALA: Sounds the same.
CHAIRMAN SOLIS: Well, I think Commissioner McDaniel's
issue was that we were getting into directing them to go ahead and
purchase the Hack and the Gore property. That's the next item, just to
keep it all correct.
COMMISSIONER FIALA: Yours is clearer.
COMMISSIONER TAYLOR: We're pursuing it. We're not
purchasing it.
MR. OCHS: Commissioners, again, I think what I'm hearing you
say is if we have a property on the A-List that we're able to acquire,
that we bring that to the Board. So the part of the motion that says
come back in the fall, if we don't have any sales to bring back to you, I
don't know what we'd come back to discuss in the fall. Can we just
bring sales to you as they occur?
COMMISSIONER SAUNDERS: I'd like you to come back in
the fall and let us know what's going on.
MR. OCHS: Okay.
CHAIRMAN SOLIS: I think that's what we're saying is just
come back and --
July 10, 2018
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MR. OCHS: Even if nothing's going on, we'll let you know that.
CHAIRMAN SOLIS: Even if nothing's going on, tell us there's
nothing going on.
COMMISSIONER FIALA: We did say keeping the A-List as it
was, right?
CHAIRMAN SOLIS: Yes.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER McDANIEL: And, you know -- and Mr.
Quinby brought up a good point, and I'd like to hear some more
information -- not that I don't trust what he's, in fact, saying. But what
he was saying made sense to me about why there was segregation
about two contiguous pieces of property. And I'd like to have a little
further explanation about it as well. Another reason to come back and
talk to us.
MS. SULECKI: I'd be happy to talk to you about that right now.
COMMISSIONER McDANIEL: No.
MS. SULECKI: Okay.
COMMISSIONER McDANIEL: No.
MS. SULECKI: One more thing, Commissioners. We also asked
you to provide direction regarding future cycles. And typically our
cycles start in January and take one year. So we would have to start
planning now for the next cycle. And I need some direction as to how
to move forward.
COMMISSIONER TAYLOR: What happens if you didn't plan
until the fall? Does that mean you can't start in January?
MS. SULECKI: Well, I mean, I'd like to know -- I have some
property owners who'd like to sell their property in the next cycle.
People are already coming to me. So I'd like to know whether we're
going to start a new cycle in January or not.
COMMISSIONER TAYLOR: That's good news.
COMMISSIONER SAUNDERS: And I don't know how we can
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-- I mean, I'm just kind of thinking out loud. We have a fund set aside
right now with $17 million in it. We've got properties on the A-List
that would wipe that out. Starting another cycle, but we don't have any
money anyway, so why would we start another cycle right now?
COMMISSIONER TAYLOR: That's true, too.
COMMISSIONER SAUNDERS: Because we'll have a ballot
question in 2020, do we have to start having staff solicit proposals
from property owners when we know that we don't have any money to
buy anything? And maybe we do. Maybe we want to create a list, but
that's going to be several years down the road before we can buy
anything.
COMMISSIONER TAYLOR: You know, it's an interesting
question, but not the first -- it's not the first time we've been through
because there's been these kind of situations where there's been
initiative and people want to sell. So why don't you refer to what you
did in the past and bring it to us in the fall to determine how we're
going to go forward.
MS. SULECKI: Well, we've had direction from the Board in the
past to stop -- to withhold having a cycle for the next year until some
condition was made.
COMMISSIONER TAYLOR: Okay.
MS. SULECKI: So that what -- I guess I'm looking from you is
to say either don't have a cycle until we have a dedicated funding
source or continue on.
COMMISSIONER TAYLOR: No, I would -- I'm prudent. I
would rather -- that's not fair to anyone else. Not that anyone else out
here -- up here is not prudent, but I'm more conservative than that. I'd
rather have a dedicated funding source. What happens if this initiative
doesn't go forward in 2020? I mean, we don't know.
MS. SULECKI: So I'm looking for clear direction from you.
COMMISSIONER TAYLOR: Okay. Well, that's my opinion.
July 10, 2018
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COMMISSIONER FIALA: Excuse me. Is this affecting the
motion that's on the floor and seconded?
COMMISSIONER McDANIEL: Going off on another tangent.
COMMISSIONER FIALA: Maybe we should just do that first
and then --
CHAIRMAN SOLIS: Okay. So that's a good point. There is a
motion and a second.
COMMISSIONER McDANIEL: And the County Manager was
raising his hand a minute ago. He doesn't have a light. Mine doesn't
work. He doesn't -- I watch him. He doesn't have one.
MR. OCHS: That's all right. Look, you're using a management
maintenance fund to acquire property. If you buy all these properties,
you're blowing through $18 million. Your perpetual maintenance fund
will last you 15 years if don't refill the bucket. I've just got to make
sure everybody understands that.
COMMISSIONER McDANIEL: And it's not perpetual.
MR. OCHS: Well, it's -- if 50, it's going down to 15 if we don't
fill up the bucket.
COMMISSIONER SAUNDERS: And we understood that in
March of 2017 --
COMMISSIONER McDANIEL: Last year.
COMMISSIONER SAUNDERS: -- when we did that.
COMMISSIONER McDANIEL: And what was one of the
misnomers that came along with this is that maintenance fund was
perpetual. It was never perpetual. There was a term.
MR. OCHS: Well, the term's going to get much shorter.
COMMISSIONER McDANIEL: And we knew that.
CHAIRMAN SOLIS: There's a term for the maintenance --
COMMISSIONER McDANIEL: The Maintenance Fund. And
we shortened that term by appropriating the acquisition funds up to
$17 million.
July 10, 2018
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CHAIRMAN SOLIS: And if -- I mean, I know we're getting far
afield here, but if for whatever reason the maintenance fund dries up or
is used for something else, then the maintenance would have to come
from the General Fund.
COMMISSIONER SAUNDERS: And that's exactly what we
said a year and a half ago.
MR. OCHS: Well, you said you would raise the millage to fill
the bucket, not find it inside the current budget.
CHAIRMAN SOLIS: Okay. There's a -- I think we're getting far
afield, and maybe this is a better discussion for the fall.
There's a motion and a second as previously stated. 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: That motion carries.
As far as the next issue raised by staff as to direction to create --
or a perform another cycle list, I think Commissioner Saunders raises a
good point; why do that if the money's not there.
COMMISSIONER SAUNDERS: Let's talk about that in about a
year from now.
COMMISSIONER McDANIEL: It has to be still on the next
cycle; I would agree with that. How clear is that?
CHAIRMAN SOLIS: Consensus? Good.
MS. SULECKI: Thank you.
Item #11E
July 10, 2018
Page 91
RECOMMENDATION TO APPROVE AN AGREEMENT FOR
SALE AND PURCHASE WITH PAUL A. GORE, TRUSTEE OF
THE ROBERT H. GORE III INTER VIVOS TRUST DATED JULY
25, 1986, FOR APPROXIMATELY 168.87 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $755,000 – MOTION TO
APPROVE STAFF’S RECOMMENDATIONS ON THE COUNTER-
OFFER WITH NAMING OF ROBERT H. GORE III – APPROVED
MR. OCHS: Mr. Chairman, if you don't mind, maybe we could
take 11E and wrap up these Conservation Collier items before lunch.
This one should go relatively quickly.
This is a recommendation to approve an agreement for sale and
purchase with Paul A. Gore, Trustee of the Robert H. Gore, III, Inter
Vivos Trust, dated July 25th, 1986, for approximately 168.87 acres
under the Conservation Collier Land Acquisition Program at a cost not
to exceed $755,000.
You did have two offers here, so I'd ask you to allow Alex to go
through this real quickly for you.
MS. SULECKI: Okay. For the record, again, Alex Sulecki,
coordinator of Conservation Collier conservation.
And this is my presentation here. So you see the Gore properties
in light pink in the -- or tan on the map. They are 65 parcels. It's 168,
'69 acres. We did our appraisal process. We made an offer of
$725,000, which was less than our estimate, so that was good, and then
the owner agreed to the offer but came back with a counteroffer that if
-- that he would drop the price $5,000 if we would name the preserve
after his brother, Dr. Robert H. Gore, III.
The other thing that I would like to advise you of is the center
portion here, right there, that is 10 acres that is under contract from the
July 10, 2018
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Cypress Cove Conservancy with Dr. Gore -- with Mr. Gore. And they
have a two-year contract on that. They are going to be our partner in
public programs there. They are acquiring that 10-acre home site
parcel. They have access to it off 40th Avenue. They don't need any
easements from us.
So we are going to be meeting with them on July 20th to discuss
the parameters of that partnership, and we can talk at that point about a
right of first refusal on the property should that option fall through.
But that's how it stands.
There's one other property on the A-List up here in the right-hand
side. This one. That's the Berman property. And I'm just showing it
to you because it's next to the Gore properties, so that's one we might
want to pursue sooner than later.
Any questions on that?
CHAIRMAN SOLIS: Commissioner Taylor, your light was on,
but I think --
MS. SULECKI: We have a staff recommendation, yes, to go
ahead and pursue the acquisition. And so we look for your approval
for that and -- pardon me.
MR. OCHS: Which option?
MS. SULECKI: Which option?
MR. OCHS: With the naming?
MS. SULECKI: With the -- oh, with the naming. And
Conservation Collier's recommendation as well is to go forward with
the naming after Dr. Robert H. Gore.
COMMISSIONER TAYLOR: Sure.
COMMISSIONER FIALA: The third.
COMMISSIONER TAYLOR: Thank you. I would agree. The
only thing that gives me a little bit of heartburn is the -- and I'm going
to bow to the County Attorney on this; that the agreement between the
Cypress Cove Conservancy and Collier County has not been worked
July 10, 2018
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out at this point, and so there's all sorts of issues in terms of the
liability and what happens if, and, you know, things like that, that that
-- I don't know how we do it.
We can approve the purchase dependent upon the final agreement
between the Conservancy and Collier County or -- I'm asking.
MR. KLATZKOW: You can approve the purchase and not worry
about whether or not there's a partnership. That would be my --
COMMISSIONER TAYLOR: Not worry about it?
MR. KLATZKOW: My recommendation is you make your
decision without this potential partnership in play. Maybe we have a
partnership, maybe we don't. The question is do you, sort of, want the
doughnut without the hole right now, is essentially what that is.
COMMISSIONER TAYLOR: So any kind of partnership that's
developed would have to come back to us.
MR. KLATZKOW: It would come back.
COMMISSIONER TAYLOR: Okay. That's fine. Then I'll make
a motion to approve the purchase of this property.
COMMISSIONER McDANIEL: Staff's recommendation.
COMMISSIONER SAUNDERS: The counteroffer.
MR. OCHS: Yes.
COMMISSIONER TAYLOR: Yes, the staff's recommendation.
COMMISSIONER McDANIEL: Staff's recommendation, yes.
CHAIRMAN SOLIS: I would second that, but I think
Commissioner McDaniel has been pushing the button --
COMMISSIONER McDANIEL: I've been sitting down here --
my real estate hat was on for a minute. And we have a tendency to be
commingling circumstances. The arrangement with the hole in the
doughnut has nothing to do with the acquisition of the Gore property.
If we can reach satisfactory agreements, great. If we can't, great. We
don't need to have a cooperative agreement and the right of first refusal
in the event of their failure.
July 10, 2018
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COMMISSIONER TAYLOR: That's not in --
COMMISSIONER McDANIEL: All of that had -- that was just
extraordinary stuff, so...
COMMISSIONER TAYLOR: That's not my concern.
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: No, I was just going to suggest
making that -- the motion that Commissioner Taylor made and then
also just as a little bit of discussion, if the Berman property is
something that would be valuable to add to this, you've got money to
go buy it, to negotiate that.
MS. SULECKI: And you've made it an A-List property, so we
can.
COMMISSIONER SAUNDERS: Okay. Good.
COMMISSIONER McDANIEL: We left it an A-List property.
CHAIRMAN SOLIS: Okay. There's a motion and a second to
approve the purchase with the option for the naming and the reduced
price. 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.
COMMISSIONER SAUNDERS: Okay. Mr. Chairman, could I
ask, before we leave all of this conversation, I was noticing on the --
and we've covered this, but on the Hack property, I notice that there's a
suggested estimated cost of $260,000. I don't suspect that that's
probably going to get the job done on that parcel.
Does staff have some leeway here? Maybe that's a question for
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the County Attorney. You're going to be negotiating with the owners.
MR. KLATZKOW: Yeah. I've been advised there's an option on
the property for two-and-a-half million. So that estimate we have is
not going to steal the day, as it were. If the Board wants that property,
we're going to have to negotiate with the owners and then come back
to the Board with what the owner's willing to take on that.
COMMISSIONER SAUNDERS: And that's why I brought it up.
I suspect that when you come back, if there is any negotiation, you're
going to come back and say that property's going to be a lot more
expensive than what we have here. That was why I wanted to raise
that.
CHAIRMAN SOLIS: Thank you.
MS. SULECKI: Thank you, Commissioners.
CHAIRMAN SOLIS: I think it's time for our lunch. Oh, is there
one more?
MR. OCHS: No, that would be all.
COMMISSIONER TAYLOR: That's it? Okay.
MR. OCHS: Because we have a 1 o'clock time-certain when you
come back from your lunch break. 1:05, whatever.
CHAIRMAN SOLIS: We'll make it 1:07.
MR. OCHS: 1:07; deal.
(A luncheon recess was had.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN SOLIS: Thank you, Manager. We're now on to
our 1 o'clock time-certain?
Item #11G
RECOMMENDATION TO AWARD BID NO. 18-7322 TO WPM-
SOUTHERN, LLC, FOR CONSTRUCTION OF THE WEST
GOODLETTE-FRANK ROAD JOINT STORMWATER-SEWER
July 10, 2018
Page 96
PROJECT IN THE AMOUNT OF $14,370,000 (OF WHICH
$6,715,239 IS THE RESPONSIBILITY OF THE COUNTY AND
$7,654,761 IS THE RESPONSIBILITY OF THE CITY OF NAPLES
IN ACCORDANCE WITH THE TERMS OF AN EXISTING
INTERLOCAL AGREEMENT), AUTHORIZE THE CHAIRMAN
TO EXECUTE THE CONTRACT, AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS (PROJECT NO. 60142),
CONTINGENT ON THE APPROVAL BY THE CITY OF NAPLES
WITHIN 120 DAYS OF THE REVISED NOTICE OF
RECOMMENDATION, AND AUTHORIZE THE CHAIRMAN TO
SIGN A LETTER TO THE CITY OF NAPLES OUTLINING
COLLIER COUNTY’S COMMITMENT TO THE PROJECT –
MOTION TO ACCEPT STAFF’S RECOMMENDATIONS –
APPROVED
MR. OCHS: Yes, sir, and that is 11G on today's agenda. This is
a recommendation to award a construction contract to WPM-Southern,
LLC, for construction of the West Goodlette Road Joint
Stormwater-Sewer Project in the amount of $14,370,000 with joint
funding responsibility between the county and the City of Naples in
accordance with our existing interlocal agreement on this project.
We ask you also to authorize the Chairman to execute the contract
and the necessary budget amendments contingent on the approval by
the City of Naples within 120 days of the revised notice of
recommendation and authorize the Chairman further to sign a letter to
the City of Naples outlining the county's commitment to the project.
And Mr. Cohen, your Growth Management Department head,
will begin the staff presentation.
MR. COHEN: Thank you, Manager.
Again, Thaddeus Cohen, for the record, department head, Growth
Management.
July 10, 2018
Page 97
I'm hitting the buttons.
MR. OCHS: Are you hitting the buttons?
MR. COHEN: Yes, I am. Arrow down. Arrow to the right.
Sounds like a dance step.
COMMISSIONER TAYLOR: Yeah.
MR. OCHS: Frozen. Troy?
MR. MILLER: I don't know.
MR. OCHS: Technical difficulty.
COMMISSIONER TAYLOR: There we go.
MR. COHEN: Okay. Technology is wonderful.
Good afternoon. Before I start, I would like to -- what you're
going to hear from us today is that this is a partnership, and it's a team
effort to be able to get to where we are today. So I want to take an
opportunity to welcome our partners who are here: Mr. Bill Moss,
City Manager of Naples; Utilities Director Bob Middleton; executive
director of the Big Cypress Basin, Lisa Koehler. They're in attendance
today. And I want to thank them for their support that they've given
us.
My lifeline, in case I go off the tracks, we have Travis Gossard,
road maintenance; Jerry Kurtz and Robert Wiley of Stormwater;
Danette Kinaszczuk and Rhonda Watkins of Pollution Control; Amy
Patterson and Geno Santabarbara for Capital Planning. Those are all
the folks who have been able to help us get us, again, to where we are.
So a brief history: Back in 2004 it became clear that there was
some issues of septic system failures that were reported to the county.
In 2006, the City of Naples even went as far as to be able to create a
master plan of un-sewered service areas, taking a look at what it is they
believed they could do.
Between 2007 and '15, we got multiple calls of system failures
with septics. The county started looking at small projects to be able to
help with some of the drainage issues in the neighborhood. And then in
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2015 – at times you need a tipping point to be able to say that what
we've been doing has not been working and we need to change our
approach and develop a different strategy.
And that happened with Illinois Drive that we got additional
complaints, and that gave us the impetus to be able to have the County
Manager reach out to the City Manager and request that maybe we
should think about a joint project, because we've got some sewer issues
and we have stormwater issues.
The next year, created an interlocal agreement, the design process
starts. We have the bidding process in 2018. We were looking
forward to a conclusion of this process in 2018, in June, but,
unfortunately, the City of Naples said no to the project at that moment
in time because of their concerns of the cost to the residents. So today
I think we have an opportunity to kind of restart where we are and talk
in terms of what happened, again, back in 2006.
We identified a smaller area to be able to work. Area 4 and 5 are
included in the work that we're doing currently. The remaining areas
are going to be something that will happen in the future. And in our
conversations, for example, with Commissioner Taylor, it's become
clear to us that there's folks who live in those other areas that are
looking forward to having the extension of the city services out to
them. So that's one of the things, hopefully, we can keep in mind.
This is our current project, the West Goodlette-Frank Road area.
It is something, again, that we've partnered with the city. And why
have we done that? We think the reasons for the project is clear.
Remediate flooding issues to speed recovery of the system, upgrade
the sanitary sewer, which is something the city identified, as well as
water quality in the Gordon River and Naples Bay, which are impaired
systems currently.
So what are the benefits of having a joint project? I think when
we are partnering, it allows us to do a series of things. One, on the
July 10, 2018
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stormwater side, we're able to handle the runoff more efficiently,
increase the depth, the duration of water flooding on the roads, which
is what is the recovery time for the system, which is something that's
very important as we get these intermittent flashes of rain or if we have
a hurricane, for example.
On the sewer side, it's a more effective system rather than having
septics. It reduces the nutrient loads, which impairs the water bodies,
and it creates an improved water quality. And then as we work
together, one of the things that we know is we get to lower the
construction costs, because we've got a joint project, so we can do a lot
of these underground utilities at the same time. We lessen the
disruption to the community. So instead of we going in as the county
and then you have the city coming in disrupting the community twice,
we're able to do that once and, plus, we get new water lines as another
benefit of being able to go forward.
So what you're seeing is with our partnership we're able to create
that synergy. Again, address flooding, failing septics, and impaired
water bodies. Those are all the things that we're able to do when we're
looking at these combined projects.
One of the things that I have mentioned to the commissioner is
that as we go forward, if we're not able to do this -- and you can see
that the construction cost is somewhere around 14.3 million the city
has somewhere in the neighborhood of 7.6 million, the county
somewhere around $6.7 million invested. If we're not able to go
forward, we don't have a Plan B.
We've heard a lot in the community about, well, just do the
stormwater project. That is not something that we can do when we're
looking at the water-quality issues which, based on 2006, became very
paramount. So there's not a design that we have in our back pocket
that we can dust off and say we're able to go forward. So, literally,
we're tied at the hip with the city as we are thinking about going
July 10, 2018
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forward.
So what the good news is, our staffs have been working diligently
with our partners to see whether or not there is other opportunities for
funding. One of the comments that was made back in June 13th is,
well, if the county could come up with additional dollars, the city
might be able to take another look at being able to go forward.
We believe we have an opportunity to help solve that problem.
This is what we're proposing for potential funding: That we would
take dollars that we have in Fiscal '19; some $225,000 which is slated
for Griffin Road. We would apply that to the project. There's some
design costs that the city has already -- excuse me -- the county has
already covered. We would take our share of the $313,000, cover the
city's cost for design.
We would provide an additional $300,000 out of the FY '19,
which we had set aside as contingency, but we will put that towards
the general construction cost. And then working together, we would
revise an application for a 319- grant, which we think can offset some
other additional costs, and we also have an opportunity to possibly
even go to the legislature to ask for a single-line appropriations
because, as you know, one of the DEP initiatives is to be able to go
from septic to sewer. And we think that there's an opportunity for us to
work together again and make another application. So that's $1.4
million that we believe that we can bring to this project to be able to
help incentivize the city to take another look.
So where does that bring us? I think the city has worked
diligently. We know that the City Manager's had conversations with
the County Manager on some of the things that they may be thinking
about. They can speak for themselves. But just to highlight at least
some of the things that I'm aware of is, one, they may look at the
methodology of their assessment currently to help reduce the cost.
They're proposing to provide some additional dollars for the hookup or
July 10, 2018
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the demolition of some of the on-site septic systems; be able to defer
payments for the elderly until time of sales.
So there's a series of things that I think the city is thinking in
terms of -- and giving themselves an opportunity to revisit this issue
later in the fall.
So what we're asking you to do today is, through our
recommendation, is to award the contract to WPM-Southern, LLC for
$14.3 million, contingent upon 120 days that the city's able to move
forward on their component and bring that back and get an approval;
we would assume the city's portion of the design cost, as I mentioned,
which is around $313,000; we would take those contingency dollars,
put those into the general cost of the project of another $300,000, and
then working with the South Florida Water Management District
through the Basin, we would forego $225,000 for the Griffin Road
project and ask them to move that towards this project as well.
And we think by cobbling those various dollars together, that puts
us in a stronger position to work with the city to have this project come
to fruition.
I have, as I said, our staff here if you want to get into some of the
technical issues, which I hope doesn't happen. We won't get too far in
the weeds, but that gives us a broad outline as to where we are
currently and the work that we think we've done from the county's
perspective and, more importantly, from the stormwater side, to be
able to help this project move forward.
Thank you.
CHAIRMAN SOLIS: Questions for Mr. Cohen? No?
Commissioner Taylor?
COMMISSIONER TAYLOR: Yeah. This is my district, and
I've been working very closely about this issue for probably six months
or more, and certainly working with the county, not to muffle
discussion by any means, but I would like to make a motion to follow
July 10, 2018
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the recommendation of staff in this issue. I think it's a -- it's a very
important issue. I think the county has been more than generous in
their assistance to the city. It is the city's water/sewer area. Even
though these folks live in the county, the city does serve this area.
And I think it's a partnership that will be productive and, as stated
before, I have actually received calls from folks to the north -- which is
also the city water district. They live in the county -- saying they want
to be put on sewer. Where are our sewers?
So it's an interesting time. It affects the Gordon River. It has
affected and will continue to affect the Gordon River and Naples Bay.
So I'd like to make a motion to accept the recommendations of
staff.
CHAIRMAN SOLIS: There's a motion. Is there a second?
COMMISSIONER McDANIEL: I'll second it for discussion.
CHAIRMAN SOLIS: Okay. Commissioner McDaniel?
COMMISSIONER McDANIEL: And the discussion is, my
hesitancy, I want us to move forward, but my hesitancy is Mr. Cohen's
comment, there is no Plan B.
And the premise of this is is an award of a contract predicated
upon a 120-day approval of the City Council with regard to their
assistance in the funding side, and there is no Plan B.
So there is -- I have a hesitancy with regard to that. What do we
do if the City Council doesn't come along?
MR. COHEN: Punt for the moment.
COMMISSIONER McDANIEL: Very good. No further
discussion. Call the question.
COMMISSIONER FIALA: Don't call it yet.
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER McDANIEL: Oh, yeah. Don't call it yet.
Sorry.
COMMISSIONER FIALA: First of all, did the city seem to feel
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that that would be something that they could accept?
MR. COHEN: And I would -- again, not speaking for them but
speaking for them, I believe yes.
There were a couple things that happened at that June meeting.
One was a cost issue. We think we're able to address that with the
additional funding that we're able to put to the project. The second
was a methodology issue which we know, working with their staff,
they're in a position to be able to address those issues as well.
So I think a lot of the hurdles that were placed in front of us we've
been able to get over. In talking with the residents in the community,
there's varying opinions. But there had been support for the project.
The issue, again, was cost.
And these steps allows us to reduce what the potential
assessments can be that the city will charge. And that's the reason why
I'm confident that as the City Manager brings this back to the city
commission that they'll be more favorable because of the cost
reduction that we're able to provide.
COMMISSIONER FIALA: I know -- we're all on city water
right here; sitting in this building, this is city water. I live in city water
area also in Lakewood, so does the Glades, and the Bayshore area is
city water. So it's interesting that we're all on city water here.
And I think Bayshore had to put in their own sewers because -- at
the time because they needed to get sewered, and I don't believe that
there was any help from the city on that one at all.
But, anyway, going on to -- I know there's one funding source
that could help them, and I might -- I might not mention it at this
moment other than it's the CRA dollars, and we continue to pummel
dollars into the CRA because they need to get rid of the slum, blight,
and crime on Fifth Avenue, but we're -- and they've extended it for
another 30 years. And they're asking for more money. So if they need
any more, maybe they could reach into that money that we continue to
July 10, 2018
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donate to the CRA.
MR. COHEN: We would be appreciative of that.
COMMISSIONER FIALA: Three million dollars a year.
MR. COHEN: We would be appreciative of that, but I believe
this is outside of the CRA is where this project area is.
COMMISSIONER TAYLOR: Yeah.
MR. COHEN: But, you know, we'll take a look at any funding
source that may be applicable.
COMMISSIONER FIALA: Thank you.
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: And just one quick question. I
understand that the WPM, they've agreed to hold their price firm for
the 120 days.
MR. COHEN: Yes.
COMMISSIONER SAUNDERS: So my assumption is that at
the end of the 120 days from today, if the city hasn't signed off on this,
that contract is null and void?
MR. COHEN: Well, we'd like to be a little bit more positive to
be able to say when the city does this, we'll be able to go forward.
COMMISSIONER SAUNDERS: I understand.
MR. COHEN: If it's not, we would probably have a conversation
with them, because we will look at what other funding opportunities
we may have to be able to --
COMMISSIONER SAUNDERS: The reason I'm asking the
question --
MR. COHEN: Technically, yes.
COMMISSIONER SAUNDERS: -- if the city doesn't agree to
this, we are under no obligations under this contract.
MR. COHEN: That's correct.
COMMISSIONER SAUNDERS: That's all.
Then, Mr. Chairman, I'd call for the question.
July 10, 2018
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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: Approved.
MR. COHEN: Thank you.
Item #11F
RESOLUTION 2018-134: RECOMMENDATION TO APPROVE
THE COLLIER COUNTY FY2018-2019 ONE-YEAR ACTION
PLAN FOR U.S. DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT (HUD) FOR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS
(HOME), AND EMERGENCY SOLUTIONS GRANT (ESG)
PROGRAMS, INCLUDING THE REPROGRAMMING OF FUNDS
FROM PREVIOUS YEARS AND ESTIMATED PROGRAM
INCOME; APPROVE THE RESOLUTION, HUD
CERTIFICATIONS, AND SF 424 APPLICATION FOR FEDERAL
ASSISTANCE; AND AUTHORIZE TRANSMITTAL TO HUD –
MOTION TO ACCEPT REPORT AND STAFF’S
RECOMMENDATIONS INCLUDING THE ADDITION OF
PROPERTY ACQUISITIONS AND REHAB – ADOPTED
MR. OCHS: Commissioners, we move back to Item 11F. This is
a recommendation to approve the Collier County FY2018/19
July 10, 2018
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One-Year Action Plan for the United States Department of Housing
and Urban Development for the Community Block Grant, HOME
Investment Partnership, and Emergency Solutions Grant programs,
including the reprogramming of funds from the previous years and
estimated program income.
Mr. Cormac Giblin from your Community and Human Services
Division will make the presentation.
MR. GIBLIN: Good morning, Commissioners. Again, for the
record, my name's Cormac Giblin. I'm your Housing and Development
manager.
Today we're going to walk you through the approval of the
2018/19 HUD Annual Action Plan.
A little bit of background. We're starting with what is the HUD
Annual Action Plan. It's the plan for the use of our federal dollars that
come from the U.S. Department of Housing and Urban Development,
specifically CDBG, HOME, and ESG, and we'll get into a little bit
more about what each of those is and their priorities as well in future
slides, but the action plan identifies the specific federal funds that are
to be used in the coming fiscal year. It identifies funded activities for
that year, and it reviews the goals and outcomes for those funds.
The action plan is guided by the county's Five-Year Consolidated
Plan, and the consolidated plan lays out the goals for the use of all
those federal funds for a five-year block. The action plan is simply the
implementation of the five-year plan on an annual basis.
Each action plan focuses on activities for a single year. The
current priorities in the county's Five-Year Consolidated Plan are
housing affordability, public services, and infrastructure
improvements.
The main funding source that feeds money into the consolidated
plan and the action plan is the Community Development Block Grant
program. That program has three goals which are: Number one,
July 10, 2018
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decent housing; two, a suitable living environment; and, three,
expanded economic opportunities.
The mission of the CDBG program is to work to ensure decent
affordable housing to provide services to the most vulnerable and to
expand economic opportunities, principally to low- and
moderate-income persons.
COMMISSIONER TAYLOR: Which, in today's world, by that
definition, include beginning deputies, teachers, nurses.
MR. GIBLIN: It would be a family of four at less than $60,000
per year.
The HOME Investment Partnership program, those funds are
exclusively to be used to create or preserve affordable housing for
low-income households, and the mission is to create affordable
housing for low-income households often in partnership with local and
non-profit groups.
And the third funding source that makes up the action plan and
the consolidated plan is the Emergency Solutions Grant program. The
ESG provides funding to assist homeless persons with shelter and
supportive services. It's designed to increase the number and quality of
emergency shelters and transitional housing facilities for the homeless
and also funding to operate these facilities and provide social services
to help prevent homelessness. In other words, the ESG program is
exclusively to be used for homelessness needs.
A brief snapshot of how the Board has spent its money over the
past -- the previous Five-Year Consolidated Plan process and where
we are in the current Five-Year Plan. From the 2011 to 2016
Consolidated Plan, 40 percent of the funding went to housing
activities; 38 percent to public facilities; 10 percent to public
infrastructure, 11 percent to public services, and a small amount to
economic development.
There were 28 unique sub-recipients, and the total number of
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projects that we took on during that five-year period was 74 projects.
In the current five-year planning period, from 2016 to 2011 (sic),
we received direction from the Board at the beginning of this plan to
concentrate more funding on public infrastructure. So you can see
there was a switch going from -- now we spend 28 percent on public
infrastructure, more than doubling what was spent on a
percentage-wise basis in the previous five years; 13 percent to public
facility; 42 percent to housing; and 17 percent to public services.
This graph includes the projects slated to be included in your draft
action plan that you have in front of you for approval today.
With those projects, that would be 23 unique sub-recipients for a
total number of projects of 48 to date in this five-year planning period.
A little bit about the action plan timeline. Citizen participation
and consultation began back in January, and it runs through today,
through your approval today on July 10th, to be submitted to HUD by
August 15th. During that process, there is a mandatory 30-day
public-comment period as required by regulation, and that was held
between May 26th and June 24th.
The Annual Action Plan project selection process, again, begins
back in January. We release announcements and ads to the Naples
Daily News, Immokalee Bulletin, Collier County's website to solicit
projects from nonprofits and other entities to be included for evaluation
in the Annual Action Plan.
The applications were available on January 10th, and there was
about a seven- or eight-week public petition. There were public
meetings held at the Golden Gate Community Center, and every
applicant is required to meet one on one with our staff prior to
submitting their application between January 31st and February 2nd.
The County Manager then seats a Ranking and Review
Committee, and those applications are submitted by the February 20th
deadline.
July 10, 2018
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The applicants then make presentation to the Ranking and Review
Committee. They made those on March 23rd at a public meeting. The
Ranking and Review Committee scores the applications and makes
their recommendation, with are included for you in the draft action
plan.
These are the expected resources that this action plan will
encompass: About $2.5 million in the CDBG funding, about almost a
million dollars in HOME funding, and about $191,000 in Emergency
Solutions Grants.
The CDBG activities that are in this action plan are acquisition of
real property, public infrastructure improvements, public services,
facility improvements, and administration. The partner organizations
are Habitat for Humanity, the Bayshore CRA, Immokalee CRA, Legal
Aid, Children's Advocacy Center of Collier County, United Cerebral
Palsy, Youth Haven, and the City of Naples.
The HOME activities slated for funding this year are construction
of affordable housing, tenant-based rental assistance, and then the
HOME administration.
Emergency shelter activities are shelter operations, the Homeless
Management Information System, a rapid rehousing program, and then
administration of the program.
In summary, affordable housing home ownership is slated to
receive a million dollars; public services, $297,000; public
improvement and infrastructure in the Bayshore CRA and Immokalee
CRA totaling $427,000; public facilities in the City of Naples and
other facilities countywide for $300,000; and then administration.
The HOME projects are $614,000 and change for affordable
housing homeownership; affordable rental housing, 314,000.
And then HOME program administration: Emergency shelter
grant of $115,000; HMIS for 35,000; rapid rehousing for $27,000 and
change. And then program and administration.
July 10, 2018
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And with that, those are the projects. And with that, I'll be happy
to answer any questions you might have.
CHAIRMAN SOLIS: Do we have some public speakers?
MR. MILLER: Yes, sir. I have eight registered speakers on this
item.
CHAIRMAN SOLIS: Commissioner Fiala, your light's on.
Would you like to hear the speakers first?
COMMISSIONER FIALA: No. Usually I do, but I had to say, in
this particular instance -- this has been something that's -- every year I
bring the same thing up. Why don't we build more sidewalks? Why
don't we build more streetlights in high-crime areas and so forth?
And so I talked with Leo, and I asked him for the list, and he gave
me that. And I asked him how it was dispersed, and he gave me all of
that stuff. And I began to realize, it's me that is looking at it wrongly.
I was looking -- as I look down at this thing, everybody that
applied -- and they're good applications, by the way. Everybody that
applied was an agency. Well, where -- there's no agency for helping
Naples Manor. They don't have an agency. Heck, they don't even
have a homeowner association, and there's no -- there's no agency to
help the people in Avalon Lakes. They all need sidewalks desperately;
there's nothing there.
And I thought, you know, maybe we're looking at it differently.
Maybe there's a disbursement that should be made when you advertise,
and the people that answer, naturally, are answering because they have
an agency, and you can -- who do you make the checks out to? To
their agency; whereas, a community, where do you make a check out
to?
I've really been going through this thing in my head all the time.
How can we help people that aren't -- not that these agencies aren't
deserving, don't get me wrong, but there are other places that we need
to put some money. How can we steer it toward that? I haven't come
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up with the final answer yet, certainly not for this. You know, I
understand these things.
But I thought, maybe there's a way somehow that -- do we have
staff that can -- like, for instance, say, for instance, there's a park that
needs to have new bathrooms or something, and they have low-income
kids playing in there. I can't identify one. I'm just saying that as an
example. Well, would the park be able to apply for some grants for
something like that?
Say, for instance -- well, I'll go to Naples Manor. They need
more streetlights desperately, like the Sheriff said; we really need to
get that. How do we get it? There isn't anybody to apply there. If we
had our road and bridge or our streets or somebody apply for that, can
they apply for that? I mean, they're also government agencies. I don't
know if we're allowed to do that.
MR. GIBLIN: Well, yes, Commissioner. Historically we have
fielded applications from other county divisions and departments. We
have assisted in the creation of parks in low-income neighborhoods.
We receive applications regularly from the Parks and Recreation
division.
In this plan today -- before you today we have projects that came
to us from the Bayshore CRA division and the Immokalee CRA.
COMMISSIONER FIALA: But, you know, they did not apply
for any sidewalks, and most of the streets down there don't have any
sidewalks. And what they say they need so badly are lights. Well,
maybe they don't realize what they can apply for.
This is not your -- it's not your fault. I'm trying to say that. It's
not your fault. Maybe we need to be more explicit in how we -- how
we ask for what people need and what they want. And so those are my
first comments and that's, you know, what I want to start out with.
MR. GIBLIN: To answer your question, yes, other internal
departments are eligible for financing.
July 10, 2018
Page 112
COMMISSIONER FIALA: You know, Leo, we should maybe
make sure -- I know one of our parks is sitting right there, so she's
listening, and maybe some of them could use these funds. And they
can apply next year, right?
MR. GIBLIN: Sure. And they applied this year. It was -- their
project this year was ranked by the committee, and it didn't quite raise
to the level of funding.
COMMISSIONER FIALA: Oh, I didn't see the ones that didn't
get any money. Oh, I see. Oh, I see. Okay. I guess I need that list
then, too. I just thought these were all the applicants.
MR. OCHS: Well, no, ma'am. There's usually more requests
than there is available funding. That's why we have the ranking
committee.
COMMISSIONER FIALA: Okay. And I wanted to say one
more thing. I notice that we gave Habitat a million dollars here and
$600,000 there. Could we -- being that they want to build more
homes, could we now designate that they should go to an area that
doesn't have any Habitat homes yet in parts of the county so people
could be living closer to their places of employment?
MR. GIBLIN: You can certainly make that recommendation.
COMMISSIONER FIALA: In other words, you get the money if
you build it over there, right?
MR. GIBLIN: You can make that recommendation. Just one
clarification. The $614,000 on this, that is not for Habitat. We do not
have a sub-recipient for that.
COMMISSIONER FIALA: Oh, I'm sorry. I thought it said that,
excuse me. Maybe there's another thing that I'm thinking of then. I'm
sorry. I'm just going off the top of my head here.
Habitat for Humanity. And it isn't Habitat. I'm just saying that
what I'd love to see is have them build some other areas -- in some
other areas as well. I'm not saying don't give it to them. I'm just saying
July 10, 2018
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it would be nice if they built in some -- I can't find it right this minute,
but I know it's there. I'll put my glasses on. I'll come back later.
CHAIRMAN SOLIS: Commissioner McDaniel, I believe, was
next.
COMMISSIONER McDANIEL: Yeah. If you can back up on
the slide that showed the '11 to '16 plan and the '16 to '21, that year,
that time frame. That one right there, I think it is, yes.
And my question is -- and I think this came up last year when
Commissioner Fiala and I were talking about -- I think it was last year,
that 600,000 went over to Habitat that you and I were having
discussions with last year, and a lot of it had to do with the system and
the timing of the system for these applications and the like.
The simple question is is has this plan -- other than these
proposed deviations from one five-year period to the next, has the plan
changed at all from what we originally recommended in '16 through
'21? Have we been staying pretty close to these delineations?
MR. GIBLIN: Correct.
COMMISSIONER McDANIEL: And this may help
Commissioner Fiala. Can we change this plan once -- in mid cycle on
a five-year process?
MR. GIBLIN: You can do an amendment to your consolidated
plan, yes. It's a process, but it can be done.
COMMISSIONER McDANIEL: Okay. Well, because that was
where -- you know, we had talked about this last -- my perception was
just because the timing of these things is considerably far in advance
than when the actual appropriations in fact are. And I don't necessarily
know the answer either, but having -- having an opportunity to make
adjustments in the system, I think, might help with acquiring additional
sub-recipients, so...
COMMISSIONER FIALA: Oh, I just found the other thing. One
was for -- and I don't -- scattered lot acquisition, I'll just say that. I
July 10, 2018
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won't bother to say to whom. That was $800,000. And then this one
was installation of backup emergency generators, 100,000, or at least
that's on this page.
MR. GIBLIN: Yeah. Those are the -- that's the total project
application list, but neither of those two projects were recommended
for funding.
COMMISSIONER FIALA: Oh, really?
MR. GIBLIN: So you may have the entire list of all the
applicants there.
COMMISSIONER FIALA: I must not have the correct list then.
Can you ever -- I know it doesn't pertain to today, but could you
give me a list of who-all applied and how they were chosen? I mean,
say, for instance, parks applied for something, how do we know why
they didn't make the list, and is it -- is that recommendation made by
this group of people whose names I've got here someplace or another --
that are on the list; do they make that decision as to who gets money
and who doesn't? And then who gives the bonus points? I'm just
trying to gather my facts.
MR. GIBLIN: On the visualizer I put the scoring criteria that all
of the applications are graded on. And each question is weighted with
a certain number of points. The committee members, there are five
committee members who each individually score and reevaluate each
application and score according to this criteria.
The bonus points are arrived at in -- at the meeting and they're --
they're typically not -- what's the word I'm looking for? There's not a
lot of leeway in the bonus points. They are either you do or you don't.
They're almost a mathematical equation, for example, leverage. Do
you have more than one to one, that sort of thing? So they are drafted
by the staff and then presented to the review committee for inclusion in
the ultimate points.
But there's about a 20-page scoring orientation handbook that
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walks the committee members through how to view and read and
understand and score each of these questions that are in the application
and how to arrive at the appropriate scores.
The applicants then -- we set aside an entire day where, one after
another, each of them makes an oral presentation to the committee,
after which, at the conclusion of the day, the scores are tallied up and
agreed on by the entire committee and presented for your
recommendation.
COMMISSIONER FIALA: Then who are the winners? I thought
that these that I received were the winners, but you said, no, they
aren't. How do we as a voting board know who the winners are, how
they were scored and, why -- and how the losers lost out, especially --
especially parks like or something like that?
Now, I realize, like, Naples Manor doesn't even know that they
can apply, and I don't know who would apply for them anyway. But,
yeah -- and who would do that, by the way? If Naples Manor said, we
need some -- we need streetlights badly because of the high-crime
area, right, who do you make a check out to?
COMMISSIONER McDANIEL: Are they included -- they don't
have a homeowners' association in the Manor.
COMMISSIONER FIALA: They have nothing.
COMMISSIONER McDANIEL: Are they included in the new
to-be-formed East Naples Civic Association that you're working on?
There was some discussion at some stage about some boundaries,
geographic boundaries of a new --
COMMISSIONER FIALA: Yeah, they're in there.
COMMISSIONER McDANIEL: -- East Naples?
COMMISSIONER FIALA: They're in the boundary.
COMMISSIONER McDANIEL: They're within that. Maybe
within that organization that, as an aggregate, can come forward --
COMMISSIONER FIALA: That's a good idea.
July 10, 2018
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COMMISSIONER McDANIEL: -- for and on their behalf, yes.
COMMISSIONER FIALA: That's a good idea.
MR. GIBLIN: Commissioner, to answer your question, I put on
the visualizer, this is a list of all the applications that were received.
COMMISSIONER FIALA: Right. I've got that.
MR. GIBLIN: And if you look in the far right-hand corner are
the total scores -- and these are ranked in order -- of how they were
scored. And, basically, the committee makes recommendations on
funding allocations going down the list until we run out of funding.
And so the lower you score, the less likely chance you are to be in the
money.
MR. OCHS: So what was the cutoff on this?
MR. GIBLIN: The cutoff on this one was the Board of County
Commissioners Park and Recreation division did not get funded.
COMMISSIONER FIALA: Who did not?
MR. GIBLIN: The Parks Department for the proposed
Immokalee playground. Also, the committee recommended not to
fund Habitat for Humanity's second scattered site lot acquisition
project even though it scored higher than some of the others that they
did fund simply because they were already recommending them for the
larger grant.
The City of Naples recommended to be funded because they are
an entitlement community of their own, and so they do receive a
portion of CDBG money on their own, so they are kind of a set-aside
as well.
But these are ranked in order of score, and you can see all the
scores, and then they're averaged together.
COMMISSIONER FIALA: And would you mind, not today
because this is a different day, but would you mind sending me who-all
actually applied and what they applied for.
MR. GIBLIN: Ma'am, this is everyone who applied.
July 10, 2018
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COMMISSIONER FIALA: This is everybody.
MR. GIBLIN: And this is what they applied for.
COMMISSIONER FIALA: This is the -- this is the Parks and
Rec?
MR. GIBLIN: Correct.
COMMISSIONER FIALA: Where are they?
MR. GIBLIN: They're the fifth one from the bottom; fourth one
from the bottom.
COMMISSIONER McDANIEL: Board of County
Commissioners.
COMMISSIONER FIALA: Oh, I see. ADA program. That's the
one in Immokalee you were talking about? Okay. Thank you.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: Oh.
CHAIRMAN SOLIS: Your light was on.
COMMISSIONER TAYLOR: It was on, but I'm not sure. Well,
why don't I just jump into it. I'd like to make a motion to accept the
funding for the CDBG activities -- well, no -- for the HUD funding.
MR. OCHS: HUD Action Plan.
COMMISSIONER TAYLOR: -- for the two -- yeah, HUD
Action Plan, this year's recommendations as presented by staff, not to,
again, not listen to the folks that come up here, but I'd like to make a
motion as I just said. Sorry. That was a little convoluted.
CHAIRMAN SOLIS: Is there a second?
COMMISSIONER SAUNDERS: Mr. Chairman, prior to getting
a second, could we listen to the speakers?
CHAIRMAN SOLIS: We can. Usually we get a second and use
that for discussion.
COMMISSIONER SAUNDERS: Well, if we get a second to the
motion, the speakers may feel as though they have not been listened to.
So I'm just making that suggestion.
July 10, 2018
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CHAIRMAN SOLIS: Okay.
COMMISSIONER TAYLOR: So motion fails for lack of a
second.
CHAIRMAN SOLIS: Okay.
MR. MILLER: With that, your first speaker is Janet O'Connell.
She'll be followed by Pat Cogswell. Again, I'll remind the speakers to
please use both podiums.
MS. O'CONNELL: Good afternoon, Commissioners. My name
is Janet O'Connell. I'm a retired educator; 30 years of devoted service
to Broward County schools. I wish I could have been over here. But I
came over here, basically, to escape the incredible overdevelopment
and what's happened to Broward County. I was very pleased to be able
to come over here.
I want to also just mention, since I'm a retired educator, I never
asked for a dime from any organization. Throughout my entire life,
I've worked hard. I continue to work. I do private tutoring. And I
mention that only because I understand what Commissioner Taylor
said; however, I've known so many educators, police. One of my
nephews is a police officer in New York; a lot of us that are civil
servant people. And how do we want to live in affordable housing.
I lived in a very small, little house with my mother in Pompano
Beach for many, many years. Then I managed to get us out of a
neighborhood that wasn't doing very well, went into Lighthouse Pointe
and had a nice condo there.
Where I'm living now is in Reflection Lakes and, guess what, I
have an affordable unit there. I live on Winchester Court and,
basically, I'm fine.
What I want to know is how to keep the cost of land to be
affordable for these block grants for other areas of Naples. And why
do I ask that question? Mainly because we have Trail Ridge, Charlee
Estates, Habitat Village, Victoria Falls, Regal Acres 1, Whitaker Road,
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and Vincent Acres, all of these in East Naples.
Now, with Regal Acres 1, there is currently 184 units. Now, if
Habitat wins the rezoning, okay, we are at the point of -- I mean, it's
agricultural -- then they're planning to add another 115 additional
acres.
Mainly what I'm questioning today is the fact that we're looking at
a grant of $1.8 million to go to Habitat. I'm voicing my objection to
that. Thank you very much.
MR. MILLER: Your next speaker is Pat Cogswell. She'll be
followed by Peter Greenberg.
MS. COGSWELL: Good afternoon, Commissioners. I am Pat
Cogswell. I live in Reflection Lakes.
Habitat website states they are completely privately funded. So
why is everyone's tax dollars, federally and locally, going to support
Habitat projects via federal grants and local building concessions?
How can Habitat get federal grant funding for, say, Regal Acres 2,
which is a proposed project, in which they currently only own half the
land?
Dr. Carlos Partu states that District 1 alone has 32 percent of the
entire county's dwelling units appraised under $175,000. This does not
factor in the Bayshore area which is in District 4 but also part of East
Naples, and comprises another 22 percent of the dwelling units under
$175,000 combined. Combined East Naples comprises 55 percent of
these dwelling units.
These figures are from the county's AHAC meeting notes. I agree
that this is in violation of the county mandate to refrain from
oversaturating one area with subsidized and low-income high-density
housing which causes damage to the local schools, diminishing the
county's resources, ultimately harming all the residents that live there.
According to Zillow and realtor.com, there are 1,014 dwelling
units under $200,000 and 1,575 units under 250,000, which is a
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threshold that is mentioned in affordable housing, available for sale in
Collier County. Shouldn't we try to absorb these properties instead of
creating more?
An area map of the county shows that 1 percent of the entire
county land area and part of that located -- that part located in East
Naples contains over 54 percent of all the Habitat homes already built
in the county. This does not include the proposed Regal Acres 2
project as well as an approved Habitat Whitaker and Davis project.
Enough is enough.
As a former real estate appraiser noted that the 41 corridor is one
of the few places for future development, if Habitat and the county
continue with their plan filling the area with subsidized and
low-income housing, middle-income developers will choose not to
build along the 41 corridor. The middle-income demographic is the
core to any successful and thriving economy; therefore, I am asking
you to vote against granting a block grant to Habitat for Regal Acres 2
as well as voting against ultimate rezoning of a natural wooded area.
Thank you very much.
MR. MILLER: Your next speaker is Peter Greenberg. He'll be
followed by John Harney.
MR. GREENBERG: For the record, my name is Peter
Greenberg. It's an honor to speak before you.
I am a member of the selection committee of Habitat for
Humanity, which is a volunteer-based committee that goes into the
homes of applicants for Habitat housing as part of the approval
process. Long before that I was a banker overseas in a bunch of
different countries, and I did have the privilege of sitting as a voting
member on the International Credit Committee of a large Dutch bank.
And I am well familiar with credit risk assessment and due diligence.
What I can tell you authoritatively, quite frankly, is that the due
diligence conducted by Habitat for Humanity on its applications,
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applicants, is extraordinary. I will tell you that in the current fiscal
year, there were -- or have been 1,900 applicants for Habitat housing;
only 120 of those made it into selection committee after employment
has been verified, after tax returns have been reviewed, after
citizenship and legal residence has been verified, et cetera, et cetera, et
cetera.
On top of that, we in the selection committee go into the current
living quarters of applicants to make assessments and answer questions
about -- that the staff came up with during the review process as
questions in need of being answered.
And we also make assessments with regard to family dynamics.
We're always looking in refrigerators, under beds, and for evidence of
drug use and alcohol use.
Now, I am well aware of the fact that Habitat for Humanity has
been sort of like a ping-pong ball for years wherever it seeks to aid,
give, you know, a hand-up, not a handout to people of modest means.
There's a lot of "not in my backyard mentality" that surrounds Habitat
everywhere, and I'm here to tell you that Habitat is well aware of such
concerns and bends over backwards to make sure it puts into Habitat
homes people who are equipped and prepared to be useful, purposeful,
and productive members of the communities in which they live.
COMMISSIONER FIALA: I heard an accusation of "not in my
backyard." Where do you live, sir?
MR. GREENBERG: I happen to live in Miromar Lakes.
COMMISSIONER FIALA: Okay.
MR. GREENBERG: Okay.
COMMISSIONER FIALA: The reason I ask is, I was wondering
-- you know, we never say "not in my backyard." We just say it needs
to be in other areas, rather, because the concentration is here. We're not
trying to say "not in my backyard," but our backyard is full. And what
we would like to see is them distributed more equitably around the rest
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of the county.
MR. GREENBERG: In all due respect, your backyard would be
more full of sheriff deputies and their assistants and assistants to fire
departments. I happen to know for a fact that somewhere in this
complex there is a sheriff's deputy.
COMMISSIONER FIALA: In each complex, actually, there is,
you mean?
MR. GREENBERG: There is a sheriff's deputy living in an RV
because that sheriff's deputy can't afford housing in the local
community here.
COMMISSIONER FIALA: Well, there's a sheriff's deputy in
each Habitat village in the first house --
MR. GREENBERG: I'm addressing something slightly different.
COMMISSIONER FIALA: Then I don't understand what you're
saying.
CHAIRMAN SOLIS: Thank you. Thank you.
MR. MILLER: Your next speaker is John Harney. He'll be
followed by William Humenek. I hope I'm saying that correctly.
MR. HARNEY: I'm John Harney. I'm also on the selection
committee for Habitat for Humanity. But I'd like to talk to something
different which Commissioner Taylor mentioned earlier. Part of what
we're trying to do in Collier County is attract people who are -- we
have historically thought of middle income: Teachers, nurses, police
officers.
Friday there was a news report. ABC-7 had somebody from the
Florida Highway Patrol talking about how they were going to have a
job fair to hire new officers for Southwest Florida. I called the officer
who did that interview and had this conversation with him Friday
morning. This is the note he wrote to me, and I'll give this over to be
placed in record.
Mr. Harney, thank you for the phone call this morning. It was
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nice talking to you. The Florida Highway Patrol runs multiple
academy classes each year regionally assigning troopers to specific
counties of residence upon academy graduation. Upon assignment to
the area, finding affordable housing in South Florida is always a
challenge.
Troopers typically find an apartment to rent until other options
come available or possibly transfer out of the district. Access to
affordable housing allots troopers at least to have an option of
investment that is more permanent and affordable which, in turn,
increases the probability for the new trooper to call Southwest Florida
home.
Thank you for what you do with Habitat for Humanity.
Respectfully, Lieutenant Gregory S. Bueno, Public Affairs
Division, FHP.
Now, I looked while we were waiting, new hire, $34,000 with the
FHP. For the cost of most housing in the Naples area, in the entire
Collier County area, 34,000 is not going to get you much of a house.
This is where an organization like Habitat comes in. Nurses,
teachers. The number one reason why teachers leave the profession is
because they can't make enough money to be a teacher. They have to
go on to something else.
The houses that are built by Habitat are for all kinds of people,
but they are primarily being built for people who have a job. They've
been in that job a long time; they're going to be in it a long time.
They're contributing members of our community, and I feel that we
need to continue to support that kind of Habitat resident, regardless of
where it gets built in the county.
I do all my interviews in Immokalee. And, obviously, there's a
huge need in Immokalee, but there's a need throughout the county.
Thank you for listening to me. Who do I give this to?
MR. MILLER: Right here. This young lady right here.
July 10, 2018
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Your next speaker is William Humenek, and he'll be followed by
Suzanne Orschell.
MR. HUMENEK: My name is Bill Humenek. I live in East
Naples. In fact, I live at Eagle Creek Golf and Country Club.
There are a number of Habitat communities in East Naples, yes;
several of them not far from Eagle Creek. I'm here to support this
recommendation by the staff to urge the Board to approve it, and I'm
going to cede the rest of my time to Nick, the president of Habitat,
when he makes his presentation. Thank you.
MR. MILLER: Your next speaker is Susan Orschell. She'll be
followed by Nick Kouloheras.
MS. ORSCHELL: Yes. Good afternoon, Commissioners. For
the record, my name is Suzanne Orschell. I'm here today to recognize
the extensive efforts of Habitat for Humanity of Collier County to
provide housing for low-income and moderate wage earners.
To date Habitat has built five villages in the Naples area, four of
which are along the East Trail, totaling 627 homes. One village is off
Immokalee Road with about 55 homes. Habitat has been approved to
build two more villages: Vincent Acres of about 225 homes and
Whitaker Road of about 130. Habitat continues to purchase and rehab
homes in Naples Manor and South Naples; approximately 314 and 35
homes respectively.
Also, Regal Acres is under consideration to expand by another
115 homes. So this totals about 1,440 houses. Plus, Habitat is holding
undeveloped land around Greenway Road and the Links of Naples -- I
think it's the Links, of 76 acres and 80 acres. I think it's reasonable to
say that East/South Naples has never said no to Habitat for Humanity,
and this is evidenced by the 1,440 existing and approved homes in our
community.
I, therefore, respectfully ask that Habitat uses the million-dollar
block grant that they're likely to receive today to purchase land in other
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areas of the county. The prevailing opinion is that the only affordable
land is in East/South Naples; however, I submit for consideration four
MLS listings, evidenced here, for properties outside East/South Naples
as evidenced by one for 19.69 acres for a million, 995.
So please help the communities of East/South Naples improve the
condition of the East Trail by promoting a diverse economy that
supports more than auto parts stores and storage facilities.
And thank you for your consideration today.
MR. MILLER: Your next speaker is Nick Kouloheras, followed
by Lou Vlasho.
MR. KOULOHERAS: Good afternoon, Commissioners. Nick
Kouloheras with Habitat for Humanity, and thank you for giving me
some time today to discuss this.
It's strange. I come up here today, and I kind of feel like it's us
against the world in many ways. I don't quite understand how Habitat
trying to provide safe, decent, affordable shelter for residents of Collier
County -- what's bad about that? And maybe it's just my own opinion,
and I'm sure it is, but that's how I'm taking it.
So, you know, when I look at this million-dollar grant and I look
at any CDBG fund -- and Habitat for Humanity has a very small
percentage of its overall budget relying on government grants. And
the way I look at it is, what a wonderful way to partner. What a
wonderful way -- we've all, I believe, addressed the issue or are talking
about the issue of affordable housing being a very high priority within
Collier County. And what a wonderful way to show -- have support by
saying we understand it, we recognize it, and we're going to put some
type of federal dollars behind it to get us there.
Just a few things to wrap up some concerns I heard about
different land that Habitat owns and where we're building. Since 2012
to 2017, there's been 4,124 single-family and multifamily building
permits pulled in East Naples. Not just Commissioner -- not District 1,
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but East Naples as the old fire map goes, as we kind of use. Of those
4,124 building permits, Habitat pulled 160 of them. That's .035
percent.
Since 1978, Habitat for Humanity has built roughly 2,100 homes
in Collier County, of which roughly a thousand of those were built in
the East Naples area.
I had a statistic done for me, but I don't know if it's 100 percent
accurate but, Commissioner Fiala, you might be able to give me more
details, that there are roughly 60,000 addresses within the East Naples
boundary. If that's accurate -- let's not even say it's accurate. Let's say
it's half of that. Let's say there's 30,000 addresses within the East
Naples boundary, and Habitat has done 1,000 of them.
I'm a big fan of moving affordability around the county; I'm going
to talk to that in a second. But I'm back there sitting there saying, how
are we -- I sound like -- like all the responsibility of oversaturating has
been Habitat's fault. I don't see how those arguments or those statistics
could be blamed on Habitat.
So just in wrapping up, where we're going and what our intention
is with this million dollars. Our intention, even today, my co-colleague
Lisa, has been meeting with other partners to look at spending this
money to buy land outside of District 1, and to partner to do something
different than Habitat's ever done before.
Habitat, by virtue of its charter, has to take on its applicants at 80
percent AMI or less. We have been talking with Habitat International,
we've been talking with different partner organizations -- oh, thank
you.
CHAIRMAN SOLIS: He had some more time, didn't he?
MR. MILLER: I was going to suggest, it was not indicated on the
sheet that he wanted to cede time, but I did check the clock; that
gentleman had about two minutes left. We'll go ahead and do that.
MR. KOULOHERAS: Thank you. I appreciate that, Mr. Chair.
July 10, 2018
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So what we're looking at is we are looking at -- I appreciate those
listings. We are actually looking at four pieces of property, raw
acreage, outside of the East Naples area. And what we are hoping to
do -- and this is the first time it's really publicly been said. I've
mentioned it to people in passing over the years, but this is the first
time we're rolling it out.
What we are trying to do is buy a chunk of land, some scale of
acreage, and partner with the local organizations that need help that we
talk about: Fire departments, police departments, school district,
Arthrex, all those employers out there that are having a hard time
struggling keeping employees in our county and bringing them into our
county.
And what we're hoping to do is to align ourselves with these
partners where we're able to go out, buy a chunk of land, get that
rezoned, and set aside a percentage of that land to the other spectrum.
We all talk about this affordable spectrum, 30 to 140 percent
AMI. Well, we all know Habitat can only go up to 80. But that 80 to
140, including seniors, is not serviced at all, or serviced very little.
And so we are hoping that by forming these partnerships, we're going
to be able to help address some of that other affordability issue.
So that's where -- that's our intention of using this money. Do I
have a piece of property under contract right now locked down? No, I
do not. But talking to the Housing Department, talking to our board of
-- our internal board, that is the intention of where we're going. Like I
said, I have my development team working on four different parcels of
land right now to try to go towards this partnership.
You know, in closing, I just want to say, there is an issue out
there, and what I would love to see in my time here in Collier County
is where the private sector, the non-profit sector, and the public sector
can all come together to address what I believe we all think is a true
issue within this county.
July 10, 2018
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And I think the government can do some things, private sector
can do so many things, and the nonprofits can do so many things. But
I believe we can help address that issue if we start to work together,
and I think this is a good step towards that.
Thank you for your time.
COMMISSIONER FIALA: Let me just say, Nick Kouloheras is
probably one of the nicest guys I've known.
MR. KOULOHERAS: Thank you.
COMMISSIONER FIALA: And he and I call each other friends,
because I think we can communicate better than a lot. And I respect
everything you do.
And it's not about you, and it's not about Habitat. What it's about
is distribution. And just as this, now, with the million dollars, all we're
asking is just put it in other areas. That will probably help you to buy
whatever you were just talking about in another area, because when
you get some free money, you can buy land that's a little more
expensive, and that's a good thing, too.
And let me say, again, I just admire the daylights out of you; you
know that.
MR. KOULOHERAS: Thank you, Commissioner.
COMMISSIONER FIALA: And I think you don't mind me that
much either.
MR. KOULOHERAS: No, I appreciate that.
COMMISSIONER FIALA: I just -- I'm just hoping -- this is
what the people are saying. I know it sounds like it's against Habitat.
It's about distribution. It's just about distribution. And I think as you
go out and, you know, if you buy other lands, that -- in other areas
where they need jobs. You know, like our Chairman here was just
saying, he's shaking his head, yeah, they need people coming out there,
too, you know, so that will be a good thing.
MR. KOULOHERAS: Yeah. No, you're absolutely right. And if
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I could just have one more second. That is certainly our intent, and that
is our intention. My perfect world is little spot communities all around
Collier County. That's easier said than done, but we're working
towards it.
CHAIRMAN SOLIS: Commissioner Saunders is next.
COMMISSIONER SAUNDERS: I don't need anything right
now.
CHAIRMAN SOLIS: You're done? Okay.
Commissioner Taylor?
COMMISSIONER TAYLOR: Are you sure?
CHAIRMAN SOLIS: Actually, no, Commissioner McDaniel
was next.
MR. MILLER: We do have one more --
CHAIRMAN SOLIS: Oh, we've got one more speaker.
MR. MILLER: Your final speaker on this item is Lou Vlasho.
MR. VLASHO: Andy, I finally show up and, look, you want to
cut me off already.
CHAIRMAN SOLIS: Somebody jumped in front of you.
Commissioner Fiala just jumped right in there. So go ahead.
COMMISSIONER FIALA: I'm sorry, Lou.
MR. VLASHO: What she said was good, though. My name is
Lou Vlasho. I live in Pelican Bay. Get that out of the way. Most of
you know me. For over 30 years I've been involved in a number of
things in this county, most of which I think were good in trying to
move us forward in a whole bunch of endeavors.
For the last 20 years, I've been on Fifth Avenue. Recently, I've
backed out of most things because time, you know, has a funny way of
-- things recycle, and things that you talked about 15, 20 years ago all
of a sudden are brand new, and they come back around again.
But in getting out of the things, one of the things that I've stayed
with is Habitat for Humanity. You may not know, but I want you to
July 10, 2018
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know, my wife and I have been supporters, financially, of Habitat for
all the years that we've been together, and I also am a honorary council
of Habitat Republic of Macedonia.
In addition, recently, with some arm twisting by Lisa, I have
agreed to work with Habitat and their strong relationship, see if we can
improve them, with businesses. What that all means, we're still
working through.
But I'm here today to say I like Commissioner Taylor's motion,
second it, move it, and move on, but before you do, the million dollars
for Habitat is good. This is -- you know, Donna, you used "free
money." Nothing's free. It all comes from us, but we're glad to have it
back, because if we don't get it, it will go somewhere else.
But before I talk specifically about the Habitat, I'm also glad to
see the 600-plus-thousand in for affordable housing, that 300,000-plus
for rental. That's in that gap that hasn't been serviced. You know, I've
been on so many committees over the years, and what are we going to
do for -- can I call it for the professional affordable housing?
And we try everything, and nothing works. And the last time it
came up at a meeting I was in, I said, just pull something off the shelf,
change the date, and move forward. Nothing happens there.
So I'm hopeful something may happen, but I really think it's going
to have to come through the private developers. I'm not sure that
volunteers and county government can get it done.
But with Habitat, you have proven success. Yes, you can argue
about "not in my backyard" or they're all centralized, and that's fine,
and I think you've got a commitment from Nick that he's going to look
at that.
But over 21,000 -- 2,100 homes built, over 2,000 applications
every year. We can only take a hundred and some, and there are other
areas, but since my time is almost up --
CHAIRMAN SOLIS: It's up.
July 10, 2018
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COMMISSIONER TAYLOR: It's up.
MR. VLASHO: Get a second, vote yes, move on. Habitat won't
let you down.
CHAIRMAN SOLIS: Thank you.
MR. MILLER: That is all of our speakers, sir.
CHAIRMAN SOLIS: That's all of our speakers, okay. I think
Commissioner McDaniel's light was on, and I turned it off.
COMMISSIONER McDANIEL: That's okay.
I just wanted to make -- and, Nick, I'm really happy to hear the
comment with regard to public, private, and not-for-profit partnership.
It's one of the first times that I've heard -- it's always been a mystery to
me how it's become the county's responsibility to supply housing for
other employers along the way in its entirety, and I applaud that effort
and I really -- I really hope that that, in fact, goes forward. That's, I
think, a huge opportunity for a joining of the fire departments, the
hospital, the folks at Arthrex, the county at large. We have an
opportunity to really do something really, really special with that type
of leadership.
So, I just -- that was the comment -- when Nick was talking, that's
the first -- other than me, it's the first time I've heard anybody else talk
about spreading this opportunity -- or spreading the responsibility out.
CHAIRMAN SOLIS: Thank you.
COMMISSIONER FIALA: You mean spreading the
responsibility for housing you mean?
COMMISSIONER McDANIEL: Yes.
COMMISSIONER FIALA: Oh, I thought we've mentioned it
before.
COMMISSIONER McDANIEL: Well, we're always talking
about housing, but it's always us that they're looking at to supply with
the revenue streams in order to support it.
COMMISSIONER FIALA: Oh, you mean --
July 10, 2018
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COMMISSIONER McDANIEL: So --
CHAIRMAN SOLIS: Now, Commissioner Taylor?
COMMISSIONER TAYLOR: Mr. Kouloheras, could you come
back up here, please.
MR. KOULOHERAS: This doesn't look like a long walk. It
feels a lot longer.
COMMISSIONER McDANIEL: You went the long way around.
COMMISSIONER TAYLOR: You gave us some statistics, and I
didn't copy them down. Would you give that again, please, from the
top.
MR. KOULOHERAS: Sure. So I had a third-party organization
go out and gather permitting statistics from 2012 until the end of 2017,
and I asked them for all the residential single-family and multifamily
building permits pulled in the East Naples border, which is generally
assumed that it's kind of the old Greater Naples -- or East Naples Fire
Rescue map, within reason. And, you know --
COMMISSIONER FIALA: And the police department.
Actually, the Sheriff's Office, because it entails three different
commission districts.
MR. KOULOHERAS: Yes. And the number that this company
gave me was that there was 4,124 total building permits pulled in that
time period, and Habitat for Humanity pulled 160 of those in that
period within that same geographical area. Outside of that
geographical area in that same time frame, Habitat pulled 260.
COMMISSIONER FIALA: How many did you buy in that time
frame also?
MR. KOULOHERAS: From 2012 to 2017, that was towards the
end of the NSP program, scattered and filled lots, I don't have an
accurate number for you, Commissioner, so I apologize, but I want to
say that number is probably in the 50 range. And I could get a better
number for you. I could send it to you.
July 10, 2018
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COMMISSIONER TAYLOR: And then there was something
about 60,000, 1,000.
MR. KOULOHERAS: Yeah. And, once again, I didn't have time
to verify this, but I was looking at our overall built and basing it, once
again, off the East Naples area. The data I was given was that there
was just over 60,000 residents in the East Naples area. And I use that
number loosely because I haven't had time to verify the information
that was given to me by this third party.
And we started building homes outside of Immokalee in 1993.
And since -- so building homes within the urban area of Collier. And
since 1993, Habitat for Humanity in that area, the urban area, if you
will, has built roughly just over a 1,000, 1,100 homes.
COMMISSIONER TAYLOR: Thank you.
MR. KOULOHERAS: You're welcome.
COMMISSIONER TAYLOR: It doesn't seem much of a
saturation to me.
COMMISSIONER McDANIEL: That's not fair.
COMMISSIONER FIALA: Why do people try and minimize it
all the time?
MR. GIBLIN: Commissioner, there are a couple things I need to
get on the record. We did receive one piece of public comment during
that May 24th to June 24th public-comment period. It was from Mr.
Steve Kirk. His recommendation was that we should look at the
HOME activities and add acquisition and rehabilitation to the
construction of affordable housing to make that an additional eligible
activity. Staff doesn't have a problem with it. We can -- but his record
needs to be included in the plan, which we'll make it part of the public
record.
COMMISSIONER FIALA: Could you do me a favor. Say that
one more time. I'm so sorry.
MR. GIBLIN: I'll show you. The proposed HOME activities,
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this first one, construction of affordable housing, his recommendation
is to make it new construction and/or acquisition and rehab.
There are a number of properties specifically in the Immokalee
area that may be able to be acquired and rehabbed and turned into
affordable homes. So his public comment was to add that as an
eligible activity to that proposal.
There was one other piece of public comment that came in. This
one came in outside the public comment period. It came in yesterday.
But, regardless, it's from an email from Jean Kungle, and her -- a
summary of her email is that Habitat for Humanity has already
received too many grants and not to fund them. That's all I have.
COMMISSIONER FIALA: Oh, I'm sorry. Go ahead. I wanted
to ask him a question, but that's all right. I'll wait my turn.
CHAIRMAN SOLIS: Okay. Commissioner Saunders?
COMMISSIONER SAUNDERS: Well, I didn't know if
Commissioner Taylor's motion was still alive.
COMMISSIONER TAYLOR: I'll make it again. Consider my
motion alive.
COMMISSIONER SAUNDERS: And I'll second that. Does that
include the last comment that was made by staff in terms of changing
the -- to be able to rehab? You want that language? So I'm assuming
that includes that.
COMMISSIONER TAYLOR: Yes, it does.
COMMISSIONER SAUNDERS: So I'll second that.
CHAIRMAN SOLIS: For discussion there's -- Commissioner
Fiala?
COMMISSIONER FIALA: Yes. Does that motion include the
mention that I had before that these should be in other areas of the
county now where Habitat hasn't been able to build so far or not?
COMMISSIONER SAUNDERS: When I made the second, I
didn't anticipate that that was part of the motion --
July 10, 2018
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COMMISSIONER TAYLOR: No.
COMMISSIONER SAUNDERS: -- that it was just accepting
staff's recommendation with that one change.
COMMISSIONER FIALA: Okay.
CHAIRMAN SOLIS: The recommendation -- the motion is to
approve this plan that's before us --
COMMISSIONER TAYLOR: Correct.
CHAIRMAN SOLIS: -- and everything that's in it.
COMMISSIONER FIALA: Yes, I know. I'm just stipulating
with this money that -- being that we have really violated the state
statutes, we would -- we don't want to over concentrate it in one area,
so I'm saying put them in some of the areas where right now they
haven't had the privilege of living with them before.
I don't care whether it's -- I don't care where it is, but -- like North
Naples would be a good place, or, you know, things like that.
I know that we gave them an extra five points on this land
acquisition just because they had a large tract of land. I don't know
where it is. Do you know where that was?
MR. GIBLIN: Commissioners, they do not have a site selected at
this time, but I do believe that Mr. Kouloheras said on the record that
they would keep it out of District 1.
COMMISSIONER FIALA: Well, not District 1 so much. I'm
just saying in other areas. I mean, District 1 -- you know, I have three
districts where I live in East Naples. But that isn't the point. I'm
saying to put it in some other areas, too.
CHAIRMAN SOLIS: I think he said that he's committed to
doing that. He said that on the record. Was that enough?
COMMISSIONER FIALA: Well, when he said it, it was fine.
When he said it, it was District 1, and I just wanted to change that.
CHAIRMAN SOLIS: Okay.
COMMISSIONER FIALA: Yeah.
July 10, 2018
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MR. OCHS: Well, without belaboring this, can we get Mr.
Kouloheras to come up and just put it on the record specifically?
MR. KOULOHERAS: I'll take the shorter way up this time.
COMMISSIONER FIALA: Would you sit up front here, Nick?
MR. KOULOHERAS: Yes, thank you. I will put it on the record
that it is every bit of our intention if we are awarded this million
dollars to go acquire land outside of, really, the East Naples boundary
as a whole.
I will say this: This is a major undertaking and major task. So
there is a chance -- I just want to throw it out there -- that this doesn't
come to fruition at all. I mean, buying land is very difficult to do. It's
even harder to do these days when we're all dealing in the same pond,
if you will, all the builders, but we will, yes, sir.
COMMISSIONER SAUNDERS: Mr. Chairman, the motion
didn't have that restriction in it. You said that it is your intention.
Your intention is a whole lot different than your commitment, your
stating that. So are you saying that you're going to use that million
dollars to buy land outside of District 1, or East Naples, rather, or are
you simply saying it's our intention, but -- because right now the
motion and the second doesn't have any restriction on it.
Now, it's fine if you -- with that motion if you're going to try to
find land outside of that area, but I think what Commissioner Fiala is
saying is she wants to make sure that that money's spent outside of that
area. You're saying it's your intention to do so. So the two of you
aren't matching up on your language, and right now you don't have to
have that language --
CHAIRMAN SOLIS: The motion would have to be amended to
include that.
COMMISSIONER TAYLOR: I'm not willing to, because I know
how difficult it is to buy land and, frankly, if in five years there's been
160 permits by Habitat for Humanity in East Naples and 260 outside of
July 10, 2018
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that area, it seems like the other areas are getting more than of Habitat
for Humanity than they are in East Naples, so...
COMMISSIONER FIALA: You're doing it again.
MR. KOULOHERAS: Commissioner Saunders -- if I could,
Chair. What our intention is is really to try to make this partnership
model work. And so we are absolutely looking outside of the East
Naples area but, at the end of the day, I would really love to see this
partnership model work. And I don't believe it would be a bad thing
no matter where it goes if a partnership model would come and we say,
great, now we have 40 more houses for firefighters and 50 more
houses for teachers. At least that's my perception of it.
So I would like to keep it at just that. Our intention with this
money, when we went in from day one, was to try to finally get a
partnership model moving forward.
COMMISSIONER FIALA: And we, right now, in the East
Naples area now -- I'm just talking East Naples, we've got a lot of
building going on. I'm sure you've noticed that as well, a lot of
building, and it's mostly targeting nurses, firefighters, teachers, and
that general population. We've got them all over, as a matter of fact.
I'm amazed at how much are being pulled right now.
And -- excuse me? I'm sorry. I must not have heard her. But
anyway -- so, you know, don't feel like nothing is being done, because
it surely is. And I invite you to go over and see Milano Lakes. That's a
wonderful place. But I'd like you to go see over there -- I'd like you to
see on Manatee Road where they're going to be building almost 1,000
units right now. That's not even counting the park that we're talking
about overtaking. That's going in right now. They're all rental, but
they're all -- all in that category: Teachers or nurses and stuff like that,
and that's a good thing.
Then they're building some more over there on Rattlesnake
Hammock right in front of Lely Resort. So I would say to you that with
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all of these added up, probably nearly 2,000 places are being built.
Most of them, by the way, are rental. Not many are for-sale products.
Argo Manatee is a for-sale product. That's 200-.
But, anyway, there's a lot being built. It's not like the developers
haven't jumped in and are building it. It's -- so, you know, know that
that's being taken care of.
Go look at it for yourself, sir, Mr. Greenberg.
Anyway, so I just wanted you to know that they are -- other areas
of the community are building and, of course, they're building it right
here also.
MR. KOULOHERAS: I'm happy to hear that. Yeah, that's
desperately needed.
CHAIRMAN SOLIS: Thank you.
MR. KOULOHERAS: Thank you.
CHAIRMAN SOLIS: So there's a motion and a second. Any
other discussion?
COMMISSIONER FIALA: So what -- tell me the motion again
now.
COMMISSIONER TAYLOR: The motion is to approve the
allocation of the FY'18/'19 funds as presented by the staff.
COMMISSIONER FIALA: Not directing it into other areas.
COMMISSIONER TAYLOR: No, ma'am.
COMMISSIONER FIALA: We wouldn't want to do that now,
would we? Okay.
COMMISSIONER TAYLOR: I don't think --
COMMISSIONER FIALA: I'm sorry. That was uncalled for.
Yes.
CHAIRMAN SOLIS: Let's keep it civil.
COMMISSIONER FIALA: I will.
MR. GIBLIN: Commissioners, and I believe adding the
acquisition and rehab to the home project --
July 10, 2018
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COMMISSIONER TAYLOR: Oh, yes, and the amendment by
your committee member, yes.
COMMISSIONER McDANIEL: I did have a comment. Did my
light not come on?
CHAIRMAN SOLIS: No. Go ahead.
COMMISSIONER McDANIEL: Okay. I like the acquisition
and rehab aspect of it. The one lady mentioned it, and you folks have
been listening to me regularly the last year when they brought the
housing modeling forward, and I had issues with it.
I had the marketplace, and I showed -- or found that there was
available 450 units at or below 250,000. This year when they brought
the housing model forward again, and I found issue with that, we had
moved from 450 last year to 750, and the lady that spoke said about
another number of close to 1,000.
So what that tells me -- and this is simple economics -- is as the
market -- if your demand continues on and the availability supply
increases, you're going to see a price compression. And when you see
a price compression, the availability of acquisitions and retrofits and
rehabs is enhanced.
So I like that language that Steve brought forward. And I just
wanted to -- I had said that early on.
I don't concur with Commissioner Taylor's continued comments
with regard to a lack of concentration of affordable housing in East
Naples. It's fairly evident. I would like to see us move to a more
homogenous state. I don't necessarily know how to get there so that
there is a balance -- and you can't certainly dictate in this process
where, in fact, the money can or cannot be spent. It's difficult. I don't
think -- I don't think it's appropriate for us to do that, so...
CHAIRMAN SOLIS: And I would just suggest that the
discussion that you're raising and that Commissioner Fiala raises is a
discussion we should probably have, but maybe this isn't the place to
July 10, 2018
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do this because of what we're being asked to look at. Can we just --
there is a motion and a second. And I'd like to try to move this forward
and, obviously, we'll have other occasions to talk about allocations.
So there's a motion and a second. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Motion carries. Thank you.
MR. GIBLIN: Thank you.
Item #11H
RECOMMENDATION TO AWARD CONTRACT NO. 18-7245,
“PROFESSIONAL SERVICES FOR COLLIER COUNTY
COMPREHENSIVE WATERSHED IMPROVEMENT PLAN,” FOR
TIME AND MATERIAL NOT TO EXCEED $1,499,994 TO
TAYLOR ENGINEERING – APPROVED
MR. OCHS: Commissioners, that takes us to Item 11H, and this
is a recommendation to award a contract for professional services for a
Comprehensive Watershed Improvement Program for time and
materials not to exceed $1,499,994 to Taylor Engineering, and Mr.
McAlpin will make a brief presentation.
MR. McALPIN: Thank you, County Manager.
For the record, Gary McAlpin, Coastal Zone Management.
So we're asking that the Board provide funds, Restore Funds for
engineering services to continue the project development and the
permitting for the Comprehensive Watershed Improvement Program.
July 10, 2018
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This item has been before the Board many times. And as you're aware,
what we're doing here is reducing freshwater flows into Naples Bay,
increasing freshwater flows into Rookery Bay, and partially
rehydrating approximately 10,000 acres in the Picayune Strand State
Forest.
We have reached out to our regulators. We've reached out to our
NGOs. They are in support of this project. This project complements
to the CERT project, the Everglades CERT project, just to our east,
and it gives us an ability to comprehensively manage the east side of
that watershed.
Our partner in this project is Rookery Bay. They are
co-sponsoring this project with us. They are owned by DEP, so that's a
benefit to us. This is Restore funding. It is coming out of Pot 1
Restore Funds. This is the first time we have been able to spend
Restore funding at this point, and we're asking for $1,499,994 to
complete this work -- to start this work, and I'll answer any questions
that you have at this point in time.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN SOLIS: Motion and a second for approval. 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 unanimously. Thank you.
MR. McALPIN: Thank you. On a -- just let me -- County
Manager asked me to mention something to you.
July 10, 2018
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On a good note, we received word last Thursday that we will
receive $3 million from the U.S. Army Corps of Engineers to conduct
-- and this was their supplemental appropriation that was just passed by
Congress, and this will be for feasibility analysis to develop a
long-term beach renourishment funding source for Collier County.
So the way this will work is that this will probably take -- this is --
and the Corps is going to fund all of the $3 million themselves.
Originally it was $1.5 million. This will be a two-year study by the
Corps. We think the two-year study will be approved, because in 1994
there was a two-year study by the Corps that was approved, basically,
to do the same thing. Then there will be a two-year period where we
have to form the contracts together and come up with a contract.
But when I say long-range funding grant, these are for 30- to
50-year funding grants with the government, so this is --
COMMISSIONER McDANIEL: Reoccurring funding sources?
MR. McALPIN: These are recurring funding sources, yes, sir.
So if we are successful and pass the -- this feasibility, the
recommendation is to move forward with the feasibility -- from the
feasibility study. This will lock down a significant funding source for
Collier County for beach renourishment.
Most of the other counties in the state of Florida have a long-term
federal funding source, so this will put us in that league with them.
We have been working on this project, this grant, for 10 years,
okay. And so this is very good news for us, and it is good news for the
county. And Leo suggested that you'd like to hear that information.
Thank you.
COMMISSIONER TAYLOR: Congratulations.
CHAIRMAN SOLIS: Well done. The light at the end of the
tunnel.
COMMISSIONER McDANIEL: It's not approved yet, though.
We're just another cog in the wheel.
July 10, 2018
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MR. OCHS: Yes, feasibility. But at least we're at the
appropriations stage and not the authorization stage. So we're inching
forward.
COMMISSIONER McDANIEL: I'm looking over the bench.
MR. OCHS: Mr. Chairman, you've got, I don't know, by my
estimate, maybe another half hour to go. So I don't know if you want
to take a break now or if you want to try to blow through this.
CHAIRMAN SOLIS: How is our court reporter?
MR. OCHS: Ten minutes or five minutes?
CHAIRMAN SOLIS: Five minutes.
MR. OCHS: I think she needs a break.
COMMISSIONER FIALA: Ten minutes. Because then when
we get back we talk.
MR. OCHS: She probably needs a break then, sir. Ten minutes?
CHAIRMAN SOLIS: We'll take a 10-minute break.
(A brief recess was had.)
MR. OCHS: Hi, everybody. Thanks for joining us.
Item #11I
RECOMMENDATION TO AWARD INVITATION TO BID (ITB)
NO. 18-7407, “INSTITUTE FOR FOOD AND AGRICULTURAL
SERVICES BUILDING REPAIRS” TO DEC CONTRACTING
GROUP, INC. IN THE AMOUNT OF $1,034,229.23, AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENTS –
APPROVED
Commissioners, we're on to Item 11I. This is a recommendation
to award a contract for the repair of the building that houses our
Institute for Food and Agricultural Services, and the award is
recommended to DEC Contracting Group, Incorporated, in the amount
July 10, 2018
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of $1,034,229.23, and authorize the necessary budget amendments.
This is an insurance-proceed-funded repair, and Ms. Twila Leigh, your
IFAS director, can make a dazzling presentation or respond to
questions from the Board.
COMMISSIONER SAUNDERS: I know she's been waiting for
hours.
COMMISSIONER FIALA: I want to see dazzling.
COMMISSIONER SAUNDERS: I'll make a motion to approve.
COMMISSIONER TAYLOR: Second.
COMMISSIONER McDANIEL: We like dazzling as long as
there's a stipulation that you hurry up.
MS. LEIGH: Is two minutes too long?
CHAIRMAN SOLIS: There was already a motion. They beat
you to it. There's a motion and a second.
MR. OCHS: They already had a motion to approve.
COMMISSIONER McDANIEL: We're all set.
COMMISSIONER FIALA: Do you want to show us the
pictures? Or aren't you hooked up?
MS. LEIGH: I'm not hooked up.
COMMISSIONER FIALA: Never mind. I'm sorry. She showed
us the pictures of the building at lunch today.
CHAIRMAN SOLIS: Cool.
MR. OCHS: We'll send them to you.
CHAIRMAN SOLIS: Just send them to us. Yeah, that would be
fine. Move it along.
So we have 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.
July 10, 2018
Page 145
CHAIRMAN SOLIS: Any opposed?
MR. CARNELL: If I could just, please, very briefly, it won't take
10 seconds.
Steve Carnell, Public Services department head. You need to
know your Facilities Management Division and your Procurement
Services Division delivered the goods on this thing. We opened the
bids two days before the agenda went to print, and Mr. Coyman's team
got us a contract in place, everything to go. They did an amazing job.
And we have a very robust competition. We're very pleased with the
bid results.
So kudos to Facility and Procurement.
COMMISSIONER FIALA: And to you. Good for your staff.
CHAIRMAN SOLIS: Good job.
MR. OCHS: All well done.
Thank you, Steve.
Thanks, Twila. Appreciate it.
CHAIRMAN SOLIS: Thank you. She'll have a home.
Item #11J
RECOMMENDATION TO AWARD ITB NO. 18-7316 COLLIER
COUNTY LANDSCAPE BEAUTIFICATION MASTER PLAN
“COLLIER BOULEVARD NORTH - (GOLDEN GATE
BOULEVARD TO IMMOKALEE ROAD) LANDSCAPE AND
IRRIGATION INSTALLATION” TO HANNULA LANDSCAPING
AND IRRIGATION, INC., IN THE AMOUNT OF $1,061,960.67 –
APPROVED
MR. OCHS: 11J is a recommendation to award a construction
bid for the median landscape improvements and irrigation installation
for the Collier Boulevard North -- that's the section between Golden
July 10, 2018
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Gate Boulevard and Immokalee Road -- to Hannula Landscaping in the
amount of $1,061,960.67.
Mr. Joe Delate, your principal project manager, is available to
make another stellar presentation or to take recommendations and
questions from the Board.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER SAUNDERS: Second.
COMMISSIONER McDANIEL: Second.
COMMISSIONER FIALA: I'll second it, but I wanted to just
ask, if I could first.
We've noticed that the -- well, you and I have talked about this
already, so I'm not telling you anything new. The junipers seem to go
bad pretty quickly, and same with the crown of thorns.
Are you able to do this new landscaping project and eliminate
those and have something just -- you know, that's longer lasting but
also maybe has some color to it, things.
MR. DELATE: Joe Delate, Collier County, for the record.
Yes, Commissioner. We're not using any more juniper or crown
of thorns in our projects, and we're using other ground covers and
shrubs, and we're trying to implement color, obviously, for the visual
effect. So we're doing exactly what you're saying.
COMMISSIONER FIALA: You're the best. Thank you.
MR. DELATE: You're welcome.
CHAIRMAN SOLIS: Any other questions?
(No response.)
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.
July 10, 2018
Page 147
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: It's approved.
MR. DELATE: Thank you very much. Appreciate your help.
Item #11K
RECOMMENDATION TO AUTHORIZE A BUDGET
AMENDMENT IN SOLID WASTE DISPOSAL FUND (470) IN
THE AMOUNT OF $1,500,000 TO COVER AN INCREASE IN
REVENUE AND EXPENSES FOR DEBRIS RELATED TO
HURRICANE IRMA AFFECTING THE COLLIER COUNTY
LANDFILL OPERATING AGREEMENT – APPROVED
MR. OCHS: Item 11K is a recommendation to authorize a
budget amendment in the Solid Waste Disposal Fund in the amount of
$1.5 million to cover an increase in revenue and expenses for debris
related to Hurricane Irma.
And Ms. Delia Camacho can make the presentation. This,
essentially, Commissioners, is additional volume coming into the
landfill as a result of the hurricane, and there are offsetting revenues to
offset the additional expenses. And this is --
COMMISSIONER FIALA: Motion to approve.
MR. OCHS: -- essentially a budget amendment --
COMMISSIONER TAYLOR: Second.
MR. OCHS: -- to square away the books. Is that close enough?
CHAIRMAN SOLIS: There's a motion and a second. Any
discussion?
COMMISSIONER FIALA: Good presentation.
MS. CAMACHO: Oh, thank you.
July 10, 2018
Page 148
COMMISSIONER FIALA: You sold us.
CHAIRMAN SOLIS: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: It's approved unanimously.
Thank you, Delia.
Item #11L
RECOMMENDATION TO AUTHORIZE A BUDGET
AMENDMENT FOR THE FACILITIES MANAGEMENT
DIVISION IN THE AMOUNT OF $1,500,000 WITHIN COUNTY-
WIDE CAPITAL PROJECTS FUND (301) TO COVER
NECESSARY HURRICANE IRMA REPAIR WORK – APPROVED
MR. OCHS: 11L is a recommendation to authorize a budget
amendment for the Facilities Management division also in the amount
of $1.5 million within the countywide Capital Project Fund 301 to
cover necessary Hurricane Irma repair work.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN SOLIS: Any discussion?
(No response.)
CHAIRMAN SOLIS: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
July 10, 2018
Page 149
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: It's approved unanimously.
MR. OCHS: Thank you. You guys are on a roll.
Item #11M
RESOLUTION 2018-135: RECOMMENDATION ADOPT A
RESOLUTION REPEALING ALL PREVIOUS RESOLUTIONS
ESTABLISHING AND AMENDING PARTS OF THE COLLIER
COUNTY PARKS AND RECREATION DIVISION FACILITIES
AND OUTDOOR AREAS LICENSE AND FEE POLICY AND
ESTABLISH STANDARD RATES FOR THE NEW EAGLE
LAKES AQUATIC CENTER, UPDATE TEAM LEAGUE
SEASONAL FEES, INCLUDE A DAILY FEE FOR CERTAIN
COMMERCIAL ENTITIES MAKING DELIVERIES AT BEACH
PARK FACILITIES, AND TO INCLUDE OFFSITE
PRESERVATION FEES FOR CONSERVATION COLLIER –
MOTION TO ADOPT IMMOKALEE FEE SCHEDULE COUNTY-
WIDE EXCLUDING SUN-N-FUN, TRY FOR 3 MONTHS AND
BRING BACK IN NOVEMBER – ADOPTED
Item 11M, which was previously Item 16D13 on your consent
agenda, this was moved to regular agenda this morning at
Commissioner Fiala's request, is a recommendation to adopt a
resolution amending the Collier County Parks and Recreation Division
facilities and outdoor license areas and fee policy.
Mr. Carnell will present.
July 10, 2018
Page 150
MR. CARNELL: Again, I'm having trouble getting this
PowerPoint up, but briefly this afternoon -- Steve Carnell, Public
Services department head.
The agenda item before you includes mostly minor modifications
to the parks' fee schedule. And there is -- I'll just briefly summarize
what's in the executive summary, and then we'll be prepared to answer
your questions.
Within that, there's recommended changes to our beach parking
fees for commercial operators. Right now the commercial operators
can buy a pass, $1,500 a year, for their frequent trips and drops and
deliveries, particularly, say, hotel operators who are bringing people to
the beach to get access to county parks, and that's just not practical for
some people. Some of our commercial businesses have a need to
access the beaches but on a limited basis. And so, rather than them
having to pay a full till at $1,500, we're introducing a per-day charge
here for people that have a more limited need. That's all that's
happening there, essentially.
The other thing we're doing is with our athletic fee schedule,
we're updating it to make it consistent across all of our leagues. And
there's some history there. Over the years, different softball/soccer
leagues have formed at different times, and they've paid different rates
depending on what was in place at the time and what was agreed to.
And here we're just making the schedule uniform across all the leagues
going forward.
There's a slight revenue increase that results out of that, but most
of the revenue increase you're going to see in the future is because
hopefully we're not dealing with a hurricane in FY'19. We lost some
money at the end of FY'17 and the first part of this fiscal year because
of Irma. We had to cancel our baseball play in the fall.
So the point is, the change there, essentially, is just to standardize
the rates across all of the leagues.
July 10, 2018
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And then some minor schedule changes, fee schedule changes for
the Golden Gate Community Center, and this is coming at the
recommendation of their advisory board. We're just simplifying the
fees there; no big revenue impact.
And then there's -- of course, there's a reference to Conservation
Collier and the off-site mitigation fees for donors who are --
developers who wish to make contributions to Conservation Collier in
lieu of impact fees or other costs that they would have to pay. In a
nutshell, that's the main change.
The other one is the opening of the Eagle Lakes Pool has
spawned us to have a little conversation about aquatic fees. And,
again, thank you, Commissioner Fiala, for your support and visibility
out there and all the excitement that we have. We've shared our -- we
shared with you yesterday by email that we've had over 12,000 visits to
the pool in three weeks.
COMMISSIONER TAYLOR: Wow.
COMMISSIONER FIALA: That's because of you guys and what
you did and how great it made it. And I wish everybody could have
seen. Not only did they give as a celebration, I mean, these kids were
coming from all over, but they had tents up and they were cooking out
there right around the pool and everything. They had food for them to
eat. They had music. You guys just made it so special, and I'm so glad
to hear so many kids responded to it so quickly. Thank you.
MR. CARNELL: Well, thank you.
COMMISSIONER FIALA: Thanks for all you did.
MR. CARNELL: Thank you.
And I think as the Board is aware, we're not charging admission
right now for Eagle Lakes. And the intention was to have free access
to the public through the end of July. And as part of National Parks
Month, recognizing that, and also just to make it visible to the
community, market it to the community, if you will.
July 10, 2018
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Now, our plan has been -- I'm saying "our." Staff plan has been to
recommend that the Board adopt a similar fee schedule to what we
have in place at Golden Gate. And before I explain that, let me just
make a couple things clear. When you think pools in terms of county
pools, we have at the moment four. There's -- one is Sun-N-Fun. And
Sun-N-Fun is a different animal. It's a regional attracter. And
Sun-N-Fun, on a good day, makes money. Typically, we bring in
about 5 percent more in revenue than we spend in operating costs to
operate it. So in the government world, that's making money.
The other three are community pools, much different usage, more
community activities, swim lessons, meets, classes, and those are not
the same revenue generator that Sun-N-Fun is. For those pools, we
subsidize them, the county, you all; we subsidize them to the tune of
about 90 percent of their operation. They only provide about 10
percent of the revenue you need to operate them. And I'm talking about
in the "we," collectively, Golden Gate, Immokalee, and Eagle Lakes
now being the new one coming on, and remembering that Corkscrew is
not too far away, about two years away. That will be our fourth
community pool. And so it's important to stop and have this
discussion, perhaps, about where we go with this.
Staff has looked at this and talked to the PARAB about it and
made a recommendation to PARAB that -- and, again, right now we
charge a lower rate in Immokalee, and that's been driven, historically,
by census track data which shows that in Immokalee, essentially, 38
percent-plus of the population is under the poverty line, and in Golden
Gate it's about 24 percent. And so Golden Gate we have charged at a
slightly higher rate.
Now the Eagle Lakes Park is located proximate to the Naples
Manor area, and that particular census track has a very similar poverty
rate ratio to Golden Gate. I said Golden Gate's about 24 percent. East
Naples in that area is about 26 percent with Naples Manor. So it's
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much closer to Golden Gate economically than it is to Immokalee at
the moment.
So that prompted the staff to recommend that for Eagle Lakes,
when we do start collecting fees in August, that we would charge the
same rate as Golden Gate.
Now, we had some discussion at the PARAB, and one of your
PARAB board members is here today. The majority of the PARAB
voted to support the staff position with the caveat that we monitor, as
staff, the attendance at Eagle Lakes and to determine if there was an
issue for access and affordability for people being able to use the pool
in the future and that we report back to the PARAB and, by extension,
ultimately, to the five of you.
We can also look at a couple other avenues here to potentially
help those in need if there is an issue. I think some of you are aware
we have what we call the Stars program which is -- essentially, it's a
scholarship trust fund that's donation driven that we use in parks and
rec. Historically, we've used it to subsidize summer camp registrations,
when somebody couldn't afford to go to summer camp.
One concept that we could take a look at -- we haven't delved and
worked this out in detail yet, but it's something we could pursue and
bring back to the Board -- is possibly expanding the reach of that Stars
program to assist with pool admission. And bottom line is we are at a
point where if we -- we looked at three options. We looked at the idea
of not charge -- I'm sorry. Standardizing the rates, I'll say, making
them all uniform, Immokalee, Golden Gate, and Eagle Lakes, which
would mean you'd have to bring Golden Gate down to the Immokalee
rate, and you would introduce Eagle Lakes at the Immokalee rate. And
by our estimate, there's about a $90,000 a year loss in revenue by doing
that, to the Unincorporated General Fund.
If you were -- the other option that was discussed at PARAB was
to potentially not charge people under the age of 18, if you will. It
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may have been under the age of 12, specifically. I'm having problems
with under the age of 12 because we don't have the historical data to
break out usage other than zero, one, and two-year-olds; in other
words, below the age of three, and ages three through 17. I can tell
you that, but I can't tell you how many 12-year-olds are in that three to
17 usage.
So what I'm saying to you is the idea, I believe, was, you know,
make it free to people under the age of 12. I can't really tell you what
the impact fully would be of that. I can't tell you -- and this is the
estimate I'm giving you -- that if we were to make it free for all minors,
if you will, that you would be -- you'd have an annual loss to the
Unincorporated General Fund in excess of $100,000. That's our best
estimate. About $108,000. So that's the issue here.
On one hand, there's a desire to make this facility accessible to all.
And, remember, this facility that we've just opened, it's our biggest and
baddest, if you will. I mean, it's got -- we have -- we have four water
features there. We've got more deck space than anyplace else. It's got
all the modern technology and bells and whistle. It's the most
attractive, if you will. It's the newest; it would figure.
And so the staff was feeling that you don't want to charge more
for that, necessarily, because we understand community pools are a
service, but we also don't want to undercharge, if you will, when you
recognize that there is an impact to the General Fund countywide, the
Unincorporated General Fund.
And the reality is that if we -- $100,000 doesn't come in, then
general revenue has to make that up; ad valorem or something else, or
we have to scale back something in the parks division. So that's the --
that's the issue at hand right now.
The staff is recommending splitting the difference, if you will,
and we're recommending that Eagle Lakes, the fee schedule be the
same as Golden Gate, and roll out with that, and let's see what
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happens, and bring updates back to the Board. And if we're running
into access issues and maybe any alternative strategies to gain access
for the public.
MR. OCHS: Do you have any speakers?
CHAIRMAN SOLIS: We have some speakers?
MR. MILLER: I have one registered speaker for this item, sir.
CHAIRMAN SOLIS: Okay.
MR. MILLER: Phil Brougham.
COMMISSIONER TAYLOR: Very patiently waiting.
MR. BROUGHAM: Called the last man standing, or lady.
Good afternoon. I'm Phil Brougham and, as you know, I'm the
vice-chair of the Parks and Recreation Advisory Board.
And thanks to Steve for outlining what the basic issue or nonissue
or discussion point was.
I think I was the minority at the last PARAB meeting, because
here's my contention, if you look at the fee schedule, I have a couple
issues with it. Number-one issue is we've all and you-all have
supported children's swim lessons, we've supported the NCH Child
Safety Outreach Program and Paula's appearance here, we've
supported the life jacket lending program and so forth. I would like to
see as an individual -- and I'm not representing the parks board.
I would like to see the free admission, for kids in this county, into
our swimming pools. I think it would show that this board and this
county and its citizens are willing to support -- if it's a budget hit, okay,
we're willing to support letting all these young men and women come
in free on hot days, take swim lessons, whatever. A buck and a half or
three bucks, it might not seem much to all of us in this room, but to
some people and some children, it's a lot. I would like to see free
admission.
The second thing I'm disturbed about in this fee schedule is the
disparity between the fee charged in Immokalee and the fee in Golden
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Gate, let alone the proposed fee in Eagle Lakes. I think it's putting the
Parks and Recreation Board in an awkward position to decide who's
poorer and what's that cutoff percentage that qualifies a 1.50 admission
versus a three buck admission. And what are we going to do, then,
when we open Big Corkscrew Island Park? Is that going to be yet
another decision as to how poor the folks in that demographic are? I
think it's a very awkward position for our county to be in to make those
kinds of decisions.
So all else -- push comes to shove, I would like to see some
consistent rates for under 17 or 18, whatever that figure is, between all
of our community pools with the exception of Sun-N-Fun. I agree,
that's a completely separate animal.
The other issue I have is the disparity in rates charged for veterans
between Immokalee, Golden Gate, and Eagle Lakes. A veteran, in my
mind, is a veteran for this county. There shouldn't be any difference
between a veteran living in Immokalee that wants to swim and a
veteran living in Eagle Lakes.
That's all I have to say. Thank you for your time. It's been a long
time.
CHAIRMAN SOLIS: Commissioner Taylor, I think your light
was on first.
COMMISSIONER TAYLOR: Mr. Carnell, if this is a census
track, is it going to be updated in 2020 whey they take a new census?
MR. CARNELL: It will be.
COMMISSIONER TAYLOR: Okay.
MR. CARNELL: And perhaps they do preliminary updates in
between the decades.
COMMISSIONER TAYLOR: Oh, they do?
MR. CARNELL: Yeah. This is 2016 data that we're actually
using at the moment.
COMMISSIONER TAYLOR: Oh, okay. So it's fairly recent.
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And then the next one will be -- is it, like, every four years?
MS. McPHERSON: I think it's about every two years.
COMMISSIONER TAYLOR: Every two years. So we'll get
something maybe this year, sometime later this year.
Okay. And what is the criteria? It actually has the stratifications
of poverty, below poverty, those --
MR. CARNELL: It does, and it has it for the total population and
has it broken out age group as well. I was giving you the aggregate
earlier when I said 38 percent.
COMMISSIONER TAYLOR: Per area?
MR. CARNELL: Correct, per census track.
COMMISSIONER TAYLOR: You can drill down and be very
granular in your assessment.
MR. CARNELL: Yes.
COMMISSIONER TAYLOR: All right. Thank you very much.
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. So with the census, then, you
say it takes children separate from adults?
MR. CARNELL: It does have that broken out, yes.
COMMISSIONER FIALA: So then -- now, I'm talking in the
Eagle Lakes pool, I don't know that there are many kids that live in
Lely Resort. I don't know if there's any at all, really, so -- but are they
also thrown in with the children, or is it just the children from all of
those communities around there?
MR. CARNELL: I'm going to ask our assistant director, Jeanine
McPherson to address that.
MS. McPHERSON: Hi. Jeanine McPherson, Parks and
Recreation.
We did not use the Lely census track because, you're exactly
right, Lely Resort would skew it too much. So what we used was the
Naples Manor census track because we felt like that would be more
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representative.
COMMISSIONER FIALA: And it showed that those kids could
pay $3?
MS. McPHERSON: No, ma'am. It simply showed the
percentage that were at or below the poverty level.
COMMISSIONER FIALA: And for Naples Manor they were
above? I'm trying to figure out how -- I mean, I don't know how the
kids would come if it's $3. I don't know that they could afford it. You
know, especially if you've got three or four kids in the family, and the
place is teeming with children.
MR. CARNELL: I think what Jeanine is saying is that the
percentage of people below the -- children below the poverty line in
Naples Manor is comparable to the percentage of children in Golden
Gate below the poverty line. And we have generally had success at
Golden Gate with people being able to use the pool and not running
into affordability issues.
COMMISSIONER FIALA: Okay. I've got a few more questions
here. So if you find that, then, the kids can't afford to come in and you
see it dropping off once you start charging three bucks -- and I don't
know that they can afford that, to be perfectly honest with you. I
would think -- I think equal to Immokalee would be so much better.
If they -- if you don't agree with that -- and if they -- if they can't
come in anymore -- and you've seen what happens when they can get
in there, how long does it take you to determine that you're overpricing
and we've lost the group?
MR. CARNELL: Very good question. My thought would be,
we'll begin charging August 1st, and we give it at least three months.
We get ourselves through the end of the summer into the school year,
and then somewhere around November we could take a look at our
data and report it to the PARAB -- I'm sorry -- the Parks and Rec
Advisory Board, and then come back to the Board based on 90 days'
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data to begin with.
COMMISSIONER FIALA: Gosh, I don't agree with that. I think
that we need to give them a price commensurate with what it looks like
they make, but maybe -- I can't imagine how they make more in
Naples Manor than they make in Immokalee, but you took the census.
Another thing I wanted to say is I noticed the daycare schools;
they bring all of their little kids. And I guess everybody brings their
swimming suits to the daycare center, and then they bring all the little
kids. Is there, like, a group value or group rate for them?
MS. McPHERSON: Commissioner Fiala, there's not a group
rate. There is a family membership. Normally when those groups are
coming from the daycares, they're coming to participate in the safe and
healthy children's drowning prevention program, which is the swim
lessons, and there's no charge to them.
COMMISSIONER FIALA: They weren't when we opened,
right? I mean, there weren't any of those programs there then, and we
saw the different daycares coming in with their leagues. So I was just
wondering about that. So there isn't any kind of rate for them?
MS. McPHERSON: No.
COMMISSIONER FIALA: Okay. And then the third one is, we
have the Lely High School swim teams. Is there some kind of a rate for
them?
MS. McPHERSON: We have an interlocal agreement with the
school board. So there is no charge.
COMMISSIONER FIALA: Okay. I wonder -- I don't know --
we're going to give it three months, and -- could we start out at 1.50
and then raise it to three and see what the difference is one month and
then one month or something, or will that not work?
MR. CARNELL: Well, I think that's at the pleasure of the Board.
COMMISSIONER FIALA: I just -- I just feel that it's so great to
have the kids have a place to go. It's been wonderful. We don't see
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our parks full of kids like that, do we? And so it was wonderful to see
all those children there. And I hate to lose that. They're in a safe,
healthy, and wholesome environment. I hate to lose that because it
cost too much money.
MR. CARNELL: I understand.
CHAIRMAN SOLIS: I think Commissioner Saunders was first.
COMMISSIONER McDANIEL: No, I've been down here hitting
the button.
CHAIRMAN SOLIS: No? You're over here flashing it, okay.
COMMISSIONER SAUNDERS: The gentleman on the right.
COMMISSIONER McDANIEL: Yes. I actually learned that
they've actually taken a collection up and fixed the button so that you
permanently disconnect my ability to beep in.
CHAIRMAN SOLIS: It's not a coincidence that yours is the one
that's not working.
COMMISSIONER McDANIEL: No, no. It's not that funny.
COMMISSIONER FIALA: I thought it was.
COMMISSIONER McDANIEL: Come on.
Mr. Carnell, do we heat these swimming pools in the wintertime?
MR. CARNELL: All of them?
MS. McPHERSON: Yes.
MR. CARNELL: Okay. All three of them, yes.
COMMISSIONER McDANIEL: Okay. And have we done a
cost per participant exposure for the pools as to how many people --
how much money we spent in aggregate in relationship to the
participants?
You alleged something early on in your comments about
subsidation of 90 percent, and I want to know what the other 10
percent is. And are we actually just splitting hairs here with a 1.50 or
$3.00 a head or -- or person. Forgive me. I don't mean to get too
lackadaisical with regard to this. What's the delta?
July 10, 2018
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MR. CARNELL: Well -- yeah. What I'm saying to you is that 10
percent of our cost of pool operations we recover through admission
charges presently. Golden Gate and Immokalee.
COMMISSIONER McDANIEL: And that in aggregate is?
MR. CARNELL: What's the total number?
MS. McPHERSON: 10 percent? Well over a $100,000.
MR. CARNELL: The total cost of the operation of the
community pools.
MS. McPHERSON: It's hard to break out because we have other
things there, not just -- excuse me.
COMMISSIONER McDANIEL: I don't mean to make this a
difficult thing.
MS. McPHERSON: Right.
COMMISSIONER McDANIEL: I'm just -- what I'm trying to do
is get us to a happy spot --
COMMISSIONER TAYLOR: Happy spot?
COMMISSIONER McDANIEL: -- move this item forward, and
do the test, do the test that we're, in fact, looking to do. And if it's an
aggregate $100,000 exposure, we'll just take it out of Leo's kitty.
MR. OCHS: Salary.
COMMISSIONER McDANIEL: Not salary. No salary. You
earn every nickel. At $3 an hour, you earn every nickel. We're just -- I
don't -- if we're already at the 90 percent mark, we're really -- we're -- I
would rather we just set the rate equivalent to Immokalee and go with
it on a test period, and see how it goes. It's not worth arguing for the
benefit of the community that we're, in fact, providing here.
We all know that Big Corkscrew's coming. It's going to be an
additional expense. We all know -- and I would rather -- I mean, there
may be some things that we can do from an exposure and expense
standpoint to help offset that expense, that $100,000 in revenue, I
mean, as far as how we're managing them, how we're staffing them,
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what we're doing there may be some expense reductions that we could
utilize in lieu of the revenue side.
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: I was kind of leaning towards
exactly what Commissioner McDaniel said that -- to equalize that with
Immokalee at a buck and a half. But it sounds like, from what you're
saying, it costs about -- you generate about $100,000 in revenue from
these fees at the three different parks combined?
MR. CARNELL: It's more than that. The differential is
$100,000 --
COMMISSIONER SAUNDERS: Differential between --
MR. CARNELL: Between the policy options here.
COMMISSIONER SAUNDERS: Between the $3 and the dollar
and a half. So you generate $200,000 then. All right. And, you know,
obviously, every dime is important. I'm wondering, and I'll just pose
the question: Is it more important to us to make sure we have more
kids taking swimming lessons, being in the pool, off the streets, than
the -- you know, the $200,000 is something, but there's also a value to
having this facility -- these facilities available to kids who cannot
afford that. And so, you know, I'm kind of leaning towards no fee at
all for the swimming, but that's -- either no fee or the buck and a half.
COMMISSIONER McDANIEL: And that goes to my -- I don't
mean to interrupt, Mr. Chair, but one of the questions I had was what
our exposure is on a per-participant basis, what we're already
subsidizing with our user base already minus the fee revenue.
MR. CARNELL: And I don't know that number right now cold
for all the pools, total.
MS. McPHERSON: I don't know. We could get that.
MR. CARNELL: But let me make clear one thing. Right now
we're charging $3 for kids at Golden Gate between ages of three and
17, and we're charging $1.50 in Immokalee. So if you go back to
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Commissioner Fiala's thought, perhaps, you could go with the $1.50
rate, and we could do that for a period of time, and we could come
back and tell you what the impact is in terms of attendance,
participation, and cost.
And there's some other fees as well that are -- where there's
differential between the three sites. And, again, we could just line
them all up. And, I mean, I'm talking about seasonal passes and annual
passes. Mr. Brougham mentioned the discount to veterans. There's a
slight difference in -- it's like $1 versus $2, I think, Immokalee versus
Golden Gate.
So, again, if you wanted to go with the uniform Immokalee -- just
make Immokalee the uniform schedule and see where we are, we can
do that. We can go beyond just the admission fee. We can also apply
it to the passes.
COMMISSIONER SAUNDERS: I would like that option. I
think that's a good option to start, and we can evaluate it.
COMMISSIONER McDANIEL: Balance it. I think that's a good
-- these are community parks, and I understand the rational of
segregation based upon census data, but there's always going to be an
inequity along the way when we're utilizing that methodology.
So I think -- and there's a huge social benefit to providing for
affordability and affordable access. Now, what about the age limit?
Have you -- did you -- I think it ought to just be -- that ought to be the
fee.
MR. CARNELL: Well, you're free under age three right now. So
if you wanted to take it up to age 18, or newborn through age 17 then,
if that's what you have in mind.
CHAIRMAN SOLIS: Commissioner Taylor, your light was on.
COMMISSIONER TAYLOR: Yeah. Not only do they heat the
pools in the winter, the water in the winter, you cool the water in the
summer. You have to, especially when you have racing teams such as
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Lely. It has to be a certain temperature.
What are your hours of this pool?
MR. CARNELL: Eagle Lakes, presently it's 7 a.m. to 5 p.m.
COMMISSIONER TAYLOR: Wow, the City of Naples should
look at you. So you've got lap swimming in the morning?
MR. CARNELL: Yeah.
COMMISSIONER TAYLOR: Okay. So you're going to charge
for lap swimmers, right? Not yet?
MS. McPHERSON: Not until August. But we would charge the
normal entry fee, but that would be the -- you know, the entry fee.
COMMISSIONER TAYLOR: And is the rest of the pool open
when you have lap swimming, or is it only for the lap swimming?
MS. McPHERSON: Generally speaking, right now, the entire --
excuse me. Right now the entire pool is open.
COMMISSIONER TAYLOR: Okay. So --
MS. McPHERSON: And there's just one change. The pool is
open from 10 a.m. to 7 p.m.
COMMISSIONER TAYLOR: Okay. The pool. So it's not from
7 to 5?
MR. CARNELL: I'm sorry. I misspoke. It's 10 a.m.
COMMISSIONER TAYLOR: But you'll have lap swimming at
seven in the morning?
MR. CARNELL: No.
COMMISSIONER TAYLOR: Okay. So it's 10 to 7.
MR. CARNELL: Let me clarify, Commissioner. There's four
water features at Eagle Lakes.
COMMISSIONER TAYLOR: How many guards in each
water-feature area? How many guards do you have there?
MR. CARNELL: I think 10, all total.
COMMISSIONER TAYLOR: At one time?
MS. McPHERSON: No. It depends on how many --
July 10, 2018
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COMMISSIONER SAUNDERS: Use the microphone. Move the
microphone. Thank you.
MS. McPHERSON: Commissioner, it depends on how many
people are in the pool, because you staff based on the number of
people that are in each pool, not by the number of admissions. So you
would have at least one lifeguard per pool. If you had many people,
you would have more.
COMMISSIONER TAYLOR: But they have to be readily
available?
MS. McPHERSON: Oh, yes; absolutely.
COMMISSIONER TAYLOR: I mean, what I'm talking about,
staff members there; it's not just the guards. It's backup guards, right,
because they change every half an hour.
MS. McPHERSON: Yes, yes, yes, ma'am.
COMMISSIONER TAYLOR: So unlike fields, pools are a huge
and wonderful amenity to a community, but they also are probably one
of the most expensive amenities you can provide. I don't think I could
support -- I think I would support staff's recommendation to look at it
until October.
MR. CARNELL: I was suggesting through October; come back
in November.
COMMISSIONER TAYLOR: Through October, and then
reevaluate it and evaluate other ways of raising funds.
For instance, if you did open it in the morning for lap swimming,
you'd have one guard. You could charge on a yearly basis for the lap
swimming. You'd have a lot of people, and that would be your Lely
folks. That would go to that.
There's a lot of -- not the schools, but the serious -- you know, the
swimmers that maybe have swam in college and want to have that as
exercise. There's a lot of ways of doing it. Scuba diving, you could
have scuba diving lessons. There's so much. You've created such a
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great amenity, and you have yet to tap the sources of income, but I
think until October I'd like to see you stay, but I'm, again, one vote.
MR. CARNELL: And just to be clear to everybody, there are
four water features there. So when we talk about lap swimming, that
only occurs in the competitive pool. It doesn't affect the other three
water features at all.
COMMISSIONER TAYLOR: That's right, which is a great
design.
COMMISSIONER McDANIEL: Well, when somebody pays an
admission fee, they have access to it all.
MR. CARNELL: Correct.
COMMISSIONER FIALA: But they don't want --
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: They probably don't want to get in
the diaper pool, because --
COMMISSIONER McDANIEL: It's pretty cool, though.
COMMISSIONER FIALA: Excuse me. That's -- so they do
have a lifeguard there, but it isn't -- it isn't used as much.
Do they have a lifeguard over there where the two slides go down
but it doesn't go into a pool? But it goes into water.
MR. CARNELL: There's a lifeguard at the top of the slide, and
there's a lifeguard at the bottom of the slide. If you want, we'll put one
in the middle.
COMMISSIONER FIALA: No, I think we can do without the
middle one. How deep is the water there when they slide along the --
it doesn't go into a pool but, what, is it three inches or something, two
inches?
MR. CARNELL: Yeah.
COMMISSIONER FIALA: Okay. Good. All righty.
CHAIRMAN SOLIS: We've thrown around a lot of numbers,
and I just want to make sure that I understand that the $100,000
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difference is the difference between $3 and $1.50 or --
MR. OCHS: Yes.
CHAIRMAN SOLIS: -- or $3 and zero? $3 and $1.50.
MR. OCHS: Correct.
COMMISSIONER FIALA: Okay. So then if you have -- like,
here we had, like, 12,000 kids but, you know, that's wonderful, but
they're not paying. So if we get down to kids paying, if they paid 1.50
and you had 100 kids, but they pay 3.50 and you have 20 kids, what --
how much of a difference is it when it comes down to how much more
it costs? If a lot of kids can't come because of the high price, then it
really doesn't cost you as much to take care of that pool either, right?
MR. CARNELL: Well, or the other way --
COMMISSIONER FIALA: I would like to make a motion that
we -- I would like to make a motion that we start off with the fee of
$1.50 for all of the children and sample that for three months and see
how that works out, and if we find that it's a great rate, then we can
switch to $3 and see what happens there. And if we find we lose a lot
of them, well then, maybe we were going in the wrong direction.
COMMISSIONER SAUNDERS: Commissioner Fiala?
COMMISSIONER FIALA: Yes.
COMMISSIONER SAUNDERS: Could I ask you to consider
amending that motion?
COMMISSIONER FIALA: To?
COMMISSIONER SAUNDERS: To equalize the fees in all of
our water parks to what they are in Immokalee for the swimmers, for
the veterans, that's a dollar and a half, and then -- that way we're
treating everybody equally, and then we reevaluate that.
COMMISSIONER FIALA: That sounds even better.
COMMISSIONER SAUNDERS: And I'll second that.
COMMISSIONER FIALA: Yeah. Okay, good. I take his
motion. I'll make his motion.
July 10, 2018
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MR. OCHS: Mr. Chairman, just a clarification, that is exclusive
of Sun-N-Fun.
COMMISSIONER SAUNDERS: Yeah, exclusive of
Sun-N-Fun.
MR. KLATZKOW: And just a clarification. On the motion,
which was for children, what's your age?
COMMISSIONER McDANIEL: Minors.
COMMISSIONER FIALA: What?
COMMISSIONER McDANIEL: Seventeen and under.
MR. KLATZKOW: I'm just --
COMMISSIONER SAUNDERS: What's the cutoff at
Immokalee right now?
MR. OCHS: What is it currently?
MR. CARNELL: It's ages 3 to 17 are paying $1.50 in
Immokalee.
COMMISSIONER McDANIEL: Under three is free.
MR. OCHS: Three and under free.
MR. CARNELL: Correct, under three.
MR. OCHS: The rate applies if --
COMMISSIONER SAUNDERS: If you're over 17, you're
paying.
MR. CARNELL: You're paying. You're paying $1.50 in
Immokalee for one admission presently. That's for an adult.
COMMISSIONER SAUNDERS: There's no difference between
an adult and a child.
MR. CARNELL: Wait a minute. I'm sorry. Let me get it. I
should have put this up for you earlier. Let me give you the exact
numbers. Presently in Immokalee, it's $1.50 for ages 3 to 17 and $2 for
adults.
COMMISSIONER SAUNDERS: Okay. And I'd just like to
equalize it in all of the parks, or all of the water features that we're
July 10, 2018
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talking about.
CHAIRMAN SOLIS: And, again -- it's just getting late in the
day. The $100,000 difference is if we equalize across all the pools.
MR. CARNELL: That's about $85,000, and it's 110,000 if you
didn't charge minors at all.
COMMISSIONER TAYLOR: So 85- for 1.50.
MR. CARNELL: If you charge everybody the Immokalee rate,
it's $85,000 is our estimate.
CHAIRMAN SOLIS: Oh, okay. Okay. So it got better.
COMMISSIONER SAUNDERS: Yeah.
COMMISSIONER FIALA: Say it one more time.
MR. CARNELL: So you're money ahead, depending on how you
want to look at it.
CHAIRMAN SOLIS: If we charged the Immokalee rate all the
way across all the pools except for Sun-N-Fun, it would be about
85,000?
MR. CARNELL: That would be the impact. That's our guess.
CHAIRMAN SOLIS: Okay.
MR. KLATZKOW: Is this clarification -- it's clarification here,
because I've heard discussion of, you know, treating vets the same.
Are we treating everybody the same?
COMMISSIONER TAYLOR: No.
COMMISSIONER SAUNDERS: No -- well, yes, but apparently
there's a disparity on how they're charging vets. So in Immokalee it's a
dollar, and we'll make it a dollar everywhere.
MR. KLATZKOW: And adults?
COMMISSIONER SAUNDERS: Three to 17 will be -- in
Immokalee it's a dollar and a half. That will be everywhere, and adults
are 2, and that will be the same everywhere.
MR. CARNELL: Just to really clarify this for you, you have an
existing schedule for Immokalee that breaks out all of these categories,
July 10, 2018
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and we're saying, what I think the sentiment of the Board is, adopt that
for all three pools.
COMMISSIONER SAUNDERS: Right.
MR. CARNELL: Your existing schedule for Immokalee for all
the categories, including veterans, seniors, and whatnot.
MR. KLATZKOW: And they also have group discounts. Is that
going to be the same for everybody?
MR. CARNELL: The annual pass fees would all be done on the
Immokalee schedule, the existing Immokalee schedule.
COMMISSIONER McDANIEL: Harmonization countywide
except for Sun-N-Fun.
COMMISSIONER FIALA: I think that sounds great.
CHAIRMAN SOLIS: And I'm going to throw one more
curveball in there. So the delta is still 85-, or is it going to be more
than that if we include all these other things that we're harmonizing?
MR. CARNELL: It would be 85- based on modifying the entire
schedule.
CHAIRMAN SOLIS: Okay. Very good.
MR. CARNELL: Line it up with Immokalee. That's our estimate,
sir.
CHAIRMAN SOLIS: Okay. So there is a motion and a second.
All in favor?
COMMISSIONER SAUNDERS: I'd ask you to restate the
motion, but -- I'm just kidding.
COMMISSIONER McDANIEL: Don't put down that I laughed.
CHAIRMAN SOLIS: Troy, we're going to have to disconnect his
light as well for later.
So there is a motion and a second. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
July 10, 2018
Page 171
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries unanimously.
COMMISSIONER TAYLOR: And so, Mr. County Manager,
before we leave this, perhaps in the fall we can get actually an analysis
of the cost of pools, at least what we are experiencing and the income.
I mean, I'm sure we've had it, but I think it's important as we go
forward, because we're looking at Big Cypress, to understand what you
pay for.
COMMISSIONER McDANIEL: Right. Well -- and that was
one of the -- where I was going with regard to the cost per participant
so that we actually have an idea as to what we're actually funding up
for these things, because you said it quite well, that they are a huge
amenity, but they're also a huge expense --
COMMISSIONER TAYLOR: The most expensive.
COMMISSIONER McDANIEL: -- and there's a tremendous
benefit. I mean, we have to talk about -- we have to talk about
activities for kids and --
COMMISSIONER SAUNDERS: You're always going to lose
money on parks.
COMMISSIONER McDANIEL: Sir?
COMMISSIONER SAUNDERS: You're always going to lose
money on parks.
COMMISSIONER TAYLOR: But it's how much money --
COMMISSIONER McDANIEL: But we prefer to rather call it
an investment, not a loss.
COMMISSIONER SAUNDERS: That's right.
CHAIRMAN SOLIS: I think our court reporter's over there --
COMMISSIONER McDANIEL: Trying to keep up.
July 10, 2018
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CHAIRMAN SOLIS: -- getting stressed because we're all talking
at the same time.
COMMISSIONER McDANIEL: She talked about being cold
before.
COMMISSIONER TAYLOR: It's the end of the day and the end
of the year.
COMMISSIONER FIALA: And she never ever shoots us barbs
or anything.
CHAIRMAN SOLIS: Mr. Manager?
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Yes, sir. Mr. Chairman, that takes us to Item 15,
staff and commission general communications.
I have just a couple of quick items, a good-news item. I think
each of the board members received this letter from the property
manager of the Milano Lakes apartment complex.
If the Board will recall, back in 2015 the Board entered into an
affordable density bonus agreement with the developers of Milano
Lakes. Part of the terms of that agreement required them to construct
and rent up to 147 units of their housing that would be dedicated on a
first-come, first-served basis to essential services personnel. Part of
their agreement also required them to provide notification when those
units were ready in stages, and this letter is the first one of those that
we've received.
So we will be working through our HR department and our
Housing Department to make sure that all of our employees and all the
constitutional officers' employees receive this information so they can
potentially take advantage of that. So that was certainly a good-news
July 10, 2018
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item.
And then the last thing I have is just a quick --
COMMISSIONER FIALA: Did you say and you'll send it to,
like, the libraries?
MR. OCHS: Oh, yes.
COMMISSIONER FIALA: And so that's our employees, but
will you send it also to the Sheriff's Office and the Clerk's Office and
stuff like that so everybody knows? Good.
MR. OCHS: Happy to do it; happy to do it.
COMMISSIONER FIALA: Good.
MR. OCHS: And then the last thing was, Commissioners, as you
know, during the summer recess, the Board has an active resolution
that allows me to keep the operations going in your absence, and I just
wanted to note, there's a couple of items that will be larger than normal
expenditures, but we need to keep them going to keep schedules going.
We have a site development improvement contract coming for
your new sports and special-events center that we anticipate to open
and award over the summer, and then also the design work for Phase 2
of the Big Corkscrew Regional Park.
This summer we happen to have, I think, both the Chair and the
Vice-Chair available during the summer months. So when we get
ready to award those, I'll reach out to the Chair, in his absence the
Vice-Chair. But I did want to mention that we'll need to execute those
to keep those projects on schedule.
That's all I have except to wish you-all a safe and enjoyable
break, and we look forward to seeing you back for your first public
budget hearing in September, especially Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Note the smile.
MR. OCHS: Yes.
MR. KLATZKOW: Have a good summer.
CHAIRMAN SOLIS: Madam Clerk?
July 10, 2018
Page 174
MS. KINZEL: Have a great summer.
COMMISSIONER McDANIEL: You're going to go to me first
this time?
CHAIRMAN SOLIS: Yeah, we'll flip it around again.
COMMISSIONER McDANIEL: Okay. I have two items. And
it's ironic that we actually started on this, because I would like to ask if
my colleagues have had any opportunity, since it's been a year since I
suggested the pilot program for adjusting the Board's schedule and not
having the 60-day break at this time. If you would like -- if you would
like for me to bring that forward for an actual discussion item for us to
open up and see what type of public sentiment there is out there. Head
yes, no.
COMMISSIONER SAUNDERS: Silence is deafening.
COMMISSIONER McDANIEL: Silence is deafening.
COMMISSIONER TAYLOR: I think that's your answer.
COMMISSIONER McDANIEL: Okay. I still think it's a good
idea, by the way, just so you know. I believe --
COMMISSIONER TAYLOR: In the City of Naples they raised
their salaries, and they still took their two months off.
COMMISSIONER McDANIEL: Imagine that. They were
grossly underpaid in the first place, so there you go. The rationale is is
we have 360,000 people that live here year-round, and conducting
business on a regular basis without this extended break at a critical
period of time in our budget cycle, I think, would be a huge benefit.
But be that as it may, I won't bring it back, and I'll probably talk
about it again next year and see what type of action --
COMMISSIONER FIALA: I thought you said you won't bring it
back.
COMMISSIONER McDANIEL: No, no, no, I will. I'm going to
wait till you're gone to get an affirmative vote.
The other thing I have is we have a white paper coming up -- this
July 10, 2018
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is specifically in Golden Gate Estates -- a white paper presentation on
the Golden Gate Estates master plan. There are two existent PUDs
within the Golden Gate Estates master plan that have a stipulation that
was put upon them years ago when there was competition out there
with regard to a grocery store.
Both PUDs include grocery stores shall be included first in the
project before they could do anything else. It's prohibitive. I would
like for -- give direction to staff to explore the removal of that in this
GMP amendment cycle of those stipulations off those pieces -- off
those two pieces of property, so...
CHAIRMAN SOLIS: Those restrictions are in the PUDs?
COMMISSIONER McDANIEL: They're in the GMP portion
and it flows through to the PUDs.
COMMISSIONER SAUNDERS: Wouldn't that be something for
the property owner to come back and ask us to do?
COMMISSIONER McDANIEL: Well, they have to actually --
correct me if I'm wrong, Nick, but did I say that incorrectly?
MR. CASALANGUIDA: I think, Commissioner, you did. At
the northwest corner of Golden Gate --
COMMISSIONER McDANIEL: You said I did it incorrectly?
There's two pieces of property: The Randall Boulevard and the
northwest corner of Wilson and Immokalee.
MR. CASALANGUIDA: The Randall Boulevard one is a little
more complicated as there's a developer agreement that goes with this
one, sir. So I think we should just work with that owner and see if --
what comes of that. I know the County Attorney has.
The one at the corner of Golden Gate and Wilson we discussed
was a Board kind of restriction in conjunction with the community
because they wanted a grocery store first. So the owner agreed to say I
won't build a project without the grocery store. Well, the grocery
store's come in at the corner of Randall.
July 10, 2018
Page 176
So the GMP commitment is kind of a restriction he agreed to with
the Board, so we talked about it with staff and Thaddeus' group. They
could vet that with the community as part of transmittal, bring it up at
the Planning Commission, then come back to you with you on that.
COMMISSIONER McDANIEL: I thought it was existing on
both of the pieces, and we can -- we'd be treating them both equally.
The Randall piece is coming back for a GMP amendment, and they
can cure that during that actual process.
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER McDANIEL: The other doesn't require that.
So doing them both was more equal.
CHAIRMAN SOLIS: The other one has a developer agreement,
though.
MR. CASALANGUIDA: It does, and it's quite convoluted now
that the owners have kind of broken apart a little.
COMMISSIONER McDANIEL: Yeah. And there's multiple
owners. It's going to require a GMP amendment just to recapitulate.
MR. CASALANGUIDA: Just to clean it up. So I think the
corner of Golden Gate and Wilson would be appropriate for us to
definitely look at that as part of transmittal.
COMMISSIONER McDANIEL: And that was my request. If
we could give direction to staff to look into that, bring it back to us
before the actual transmittal, so...
COMMISSIONER SAUNDERS: Sounds good.
COMMISSIONER FIALA: Could I ask a question about that?
COMMISSIONER McDANIEL: Sure. Me or him?
COMMISSIONER FIALA: Wasn't there a lot of opposition to
that at the time about the grocery store there saying that they didn't
want any commercial in that area? Has the feeling changed or
something?
COMMISSIONER McDANIEL: Well, they actually came
July 10, 2018
Page 177
through. I mean, there was opposition initially, and then with the
stipulations that were put on the developer with the landscaping and
the setbacks and so on and so forth.
COMMISSIONER FIALA: On Wilson.
COMMISSIONER McDANIEL: Yes, ma'am, northeast corner.
COMMISSIONER FIALA: Oh.
COMMISSIONER McDANIEL: Yes. That was -- ultimately, it
was approved. There were still people that were --
COMMISSIONER FIALA: Yeah, there were a lot of -- boy, they
were really -- you remember that when they were really crowding in,
and that's why we were very careful not to make any decisions unless
we were there and listening to everybody, and then -- and it was tough
for us. We didn't know what to do.
COMMISSIONER McDANIEL: And we now have our grocery
store. The grocery store is at Randall now, and that relief has been
enormous, and it's --
CHAIRMAN SOLIS: And the history and all that can be part of
what the staff brings back.
MR. CASALANGUIDA: Exactly. And talk about it with some
of the community leaders and make sure they're aware of it.
COMMISSIONER FIALA: Yeah, I think that's the most
important; just talk to the community.
COMMISSIONER McDANIEL: And other than that, enjoy your
60 days off.
COMMISSIONER TAYLOR: And who's counting?
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: I hope you have a wonderful
summer with no hurricanes or anything. That's my wish for all of you.
And have a great time. Take some time to be with your family. Enjoy.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: Nothing except have a wonderful
July 10, 2018
Page 178
summer, have a peaceful summer, and may the gods shine on Collier
County and keep the storms away this year.
COMMISSIONER SAUNDERS: And, Mr. Chairman, I have
nothing to add. I do want to thank staff again. I think we've had a
really good year, had a lot of challenges, and I think our staff was
really up to it. So I just want to thank them and --
COMMISSIONER TAYLOR: Hear, hear.
COMMISSIONER SAUNDERS: -- also wish everybody a good,
safe summer break.
CHAIRMAN SOLIS: Absolutely. And I really don't have
anything other than to also congratulate staff on a year well done. It's
been busy, to say the least. So I think the staff deserves a good
vacation from us probably as well.
MR. OCHS: Absence makes the heart grow fonder.
CHAIRMAN SOLIS: Right, right, exactly. So thank you for all
your hard work this year, and I would wish everyone a good summer
break as well.
Thank you. We're adjourned.
*****
**** Commissioner McDaniel moved, seconded by Commissioner
Taylor and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted (Commissioner Solis
abstained from voting on Item #16C9) ****
Item #16A1
RECORDING THE MINOR FINAL PLAT OF TRACT 4, GOLDEN
GATE ESTATES, UNIT NO. 20 REPLAT, APPLICATION
July 10, 2018
Page 179
NUMBER PL20180000898 - THE DEVELOPER MUST RECEIVE
A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES (COA)
PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN
FINAL APPROVAL LETTER
Item #16A2
RECORDING THE FINAL PLAT OF ISLES OF COLLIER
PRESERVE PHASE 11, (APPLICATION NUMBER
PL20180001590) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY – W/STIPULATIONS
Item #16A3
RECORDING THE FINAL PLAT OF GREYHAWK AT GOLF
CLUB OF THE EVERGLADES PHASE 3, (APPLICATION
NUMBER PL20180001192) APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY – LOCATED EAST OF COLLIER BLVD, JUST
SOUTH OF IMMOKALEE ROAD
Item #16A4
RECORDING THE FINAL PLAT OF SUTTON CAY,
(APPLICATION NUMBER PL20180000116) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY – LOCATED WITHIN THE
July 10, 2018
Page 180
NAPLES RESERVE GOLF CLUB RPUD
Item #16A5
RECORDING THE FINAL PLAT OF ESPLANADE AT
HACIENDA LAKES PHASE 4, (APPLICATION NUMBER
PL20180000648) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY – W/STIPULATIONS
Item #16A6
RECORDING THE FINAL PLAT OF ENCLAVE OF
DISTINCTION, (APPLICATION NUMBER PL20160001475)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY – LOCATED
WITHIN THE PEZZETTINO DI CIELO RPUD
Item #16A7
RECORDING THE FINAL PLAT OF ISLES OF COLLIER
PRESERVE PHASE 12, (APPLICATION NUMBER
PL20180001783) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY – LOCATED WITHIN THE SABAL BAY MPUD
Item #16A8
July 10, 2018
Page 181
RESOLUTION 2018-115: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF BLACK BEAR RIDGE PHASE I,
APPLICATION NUMBER AR-6179 WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS BEING PRIVATELY
MAINTAINED; ACCEPTANCE OF THE PLAT DEDICATIONS,
AND AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A9
RESOLUTION 2018-116: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF BLACK BEAR RIDGE PHASE II,
APPLICATION NUMBER AR-8381 WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS BEING PRIVATELY
MAINTAINED; ACCEPTANCE OF THE PLAT DEDICATIONS,
AND AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A10
RESOLUTION 2018-117: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF BLACK BEAR RIDGE PHASE III,
APPLICATION NUMBER AR-9801 WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS BEING PRIVATELY
MAINTAINED; ACCEPTANCE OF THE PLAT DEDICATIONS,
AND AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY
July 10, 2018
Page 182
Item #16A11
RESOLUTION 2018-118: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS,
AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE
FINAL PLAT OF REFLECTION LAKES AT NAPLES – PHASE
3A, APPLICATION NUMBER 20120000147, AND
AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A12
RESOLUTION 2018-119: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS,
AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE
FINAL PLAT OF FIDDLER’S CREEK PHASE FOUR UNIT TWO,
APPLICATION NUMBER AR-8848; AND AUTHORIZING THE
RELEASE OF THE MAINTENANCE SECURITY
Item #16A13
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR NEIGHBORHOOD SHOPPES AT ORANGETREE, PL
20180000695 AND TO AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) IN THE TOTAL AMOUNT
OF $207,643.42 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION
WAS CONDUCTED ON MAY 31, 2018 AND FOUND THE
FACILITIES TO BE SATISFACTORY
July 10, 2018
Page 183
Item #16A14
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
FOR WING SOUTH AIRPARK EXTENSION, PL20160003610,
AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN
THE TOTAL AMOUNT OF $4,000 TO THE PROJECT
ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A
FINAL INSPECTION WAS CONDUCTED ON MAY 31, 2018
AND FOUND THE FACILITIES TO BE SATISFACTORY
Item #16A15
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $10,040 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20150000745) FOR WORK
ASSOCIATED WITH WILLOUGHBY PRESERVE
Item #16A16
BUDGET AMENDMENTS RECOGNIZING REVENUE AND
TRANSFER FUNDING FOR PROJECTS WITHIN THE
TRANSPORTATION SUPPORTED GAS TAX FUND (313) AND
GROWTH MANAGEMENT TRANSPORTATION CAPITAL
FUND (310) IN THE AMOUNT OF $140,988.98 (PROJECTS
#60066, #60085, #60088, #69331, #69336, #69339 AND #69338) –
TOTAL REVENUE RECOGNIZED IS $140,988.98
Item #16A17
July 10, 2018
Page 184
A BUDGET AMENDMENT TOTALING $255,400 THAT
TRANSFERS FUNDS FROM PROJECT #60066 TO PROJECT
#60016 TO CONTINUE IMPLEMENTATION OF
INTERSECTION IMPROVEMENT PROGRAMS FOR
VANDERBILT BEACH ROAD (CR 862) AT BUCKSTONE
DRIVE FOR MEDIAN CHANNELIZATION; IMMOKALEE
ROAD (CR 846) AT BELLAIRE BAY DRIVE FOR MEDIAN
CHANNELIZATION; AND IMMOKALEE ROAD (CR 846) AT
WOODCREST DRIVE FOR TRAFFIC SIGNALIZATION
Item #16A18
AWARD REQUEST FOR QUOTES NO. 14-6213 TO QUALITY
ENTERPRISES USA, INC. FOR CONSTRUCTION OF THE
VANDERBILT DRIVE STORMWATER OUTFALLS RECOVERY
PROJECT IN THE AMOUNT OF $462,394, AND AUTHORIZING
THE ISSUANCE OF A NUMBERED WORK ORDER/PURCHASE
ORDER (PROJECT NO. 50154) – DUE TO HURRICANE IRMA,
THERE ARE FOUR (4) LOCATIONS WHERE THE ROAD AND
SIDEWALK HAVE WASHED-OUT LEAVING STORMWATER
INFRASTRUCTURE AND OTHER UTILITIES EXPOSED AND
DAMAGED IN NEED OF REPAIR
Item #16A19
RESOLUTION 2018-120: AMENDING EXHIBIT "A" TO
RESOLUTION NO. 2013-239, THE LIST OF SPEED LIMITS ON
COUNTY MAINTAINED ROADS, TO CHANGE THE SPEED
LIMIT WITHIN THE DESIGNATED SECTIONS OF GOLDEN
GATE BOULEVARD, PIPER BOULEVARD, PINE RIDGE
July 10, 2018
Page 185
ROAD, IMMOKALEE ROAD AND VANDERBILT DRIVE
Item #16A20
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH A
VALUE OF $174,864.88 FOR PAYMENT OF $564 IN THE CODE
ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY
COMMISSIONERS V. JUAN GUTIERREZ, CODE
ENFORCEMENT BOARD CASE NO. CEPM20150003340
RELATING TO PROPERTY LOCATED AT 10361 LAREDO
STREET, COLLIER COUNTY, FLORIDA – VIOLATIONS THAT
CONSISTED OF PARTS OF ROOF MISSING/FALLING OFF
HOUSE BROUGHT INTO COMPLIANCE ON JULY 20, 2017
Item #16A21
AN ADOPT-A-ROAD PROGRAM AGREEMENT FOR THE
ROADWAY SEGMENT OF AIRPORT ROAD FROM J & C
BOULEVARD TO VANDERBILT BEACH ROAD, WITH TWO
(2) RECOGNITION SIGNS AND TWO (2) ADOPT-A-ROAD
LOGO SIGNS AT A TOTAL COST OF $200 WITH THE
VOLUNTEER GROUP, BEX REALTY, LLC AND CANCEL AN
ADOPT-A-ROAD AGREEMENT WITH SENIOR HOUSING
SOLUTIONS
Item #16A22
AN ADOPT-A-ROAD PROGRAM AGREEMENT FOR THE
ROADWAY SEGMENT OF GOLDEN GATE BLVD FROM
WILSON BLVD AND COLLIER BLVD WITH TWO (2)
RECOGNITION SIGNS AND TWO (2) ADOPT-A-ROAD LOGO
July 10, 2018
Page 186
SIGNS AT A TOTAL COST OF $200 WITH THE VOLUNTEER
GROUP, VIP AMERICA OF SOUTHWEST FLORIDA, LLC
Item #16A23
AWARD INVITATION TO BID NO. 18-7377, "EMERGENCY &
DISASTER RELATED STABILIZATION & RECOVERY
SERVICES FOR ROADWAY SIGNS," TO HIGHWAY SAFETY
DEVICES, INC. FOR SERVICES AS REQUIRED IN THE EVENT
OF AN OFFICIALLY DECLARED EMERGENCY - ALLOWING
THE COUNTY TO RESPOND FASTER AND TO REMEDIATE
DAMAGE IN A SHORTER TIME-PERIOD
Item #16B1
PURCHASE AND SALE AGREEMENT WITH JOHN H. SMITH
AT A COST NOT TO EXCEED $377,360 TO PURCHASE
VACANT PROPERTY LOCATED AT 3321 BAYSHORE DRIVE
TO CONSTRUCT A PUBLIC PARKING LOT FOR PATRONS OF
LOCAL BUSINESSES AND AUTHORIZING A BUDGET
AMENDMENT – FOLIO #71780880003
Item #16B2
FOURTH AMENDMENT TO THE REAL ESTATE PURCHASE
AGREEMENT APPROVED APRIL 26, 2016, DATED MAY 9,
2016, BETWEEN REAL ESTATE PARTNERS
INTERNATIONAL, LLC (PURCHASER) AND THE CRAB
(SELLER), REGARDING THE CELL TOWER RELOCATION
AGREEMENT AND SETTING A CLOSING DATE –
ANTICIPATED CLOSING DATE OF APRIL 2019
July 10, 2018
Page 187
Item #16B3
AN AGREEMENT REGARDING CELL TOWER BETWEEN
CROWN CASTLE SOUTH LLC (CROWN) AND THE CRAB,
REGARDING THE TERMS AND CONDITIONS TO
TERMINATE THE CELL TOWER LEASE LOCATED ON CRA
PROPERTY WITHIN THE BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AREA AND AUTHORIZING
NECESSARY BUDGET AMENDMENTS – PROPERTY
LOCATED AT 2054 DAVIS BOULEVARD
Item #16C1
A MASTER SALES AGREEMENT WITH ITRON INC. FOR
ADVANCED METERING INFRASTRUCTURE SERVICES,
COLLIER COUNTY CONTRACT #18-7301-NS – FOR
COLLECTING WATER METER READINGS FOR MONTHLY
UTILITY BILLS CURRENTLY INSTALLED IN THE GOLDEN
GATE CITY SYSTEM
Item #16C2
AWARD INVITATION TO BID NO. 18-7353 “MARCO ISLAND
COLLIER COUNTY SHERIFF'S OFFICE RESTORATION,” TO
THE MOLD PROS OF SOUTH FLORIDA, INC. AND APPROVE
THE AGREEMENT IN THE AMOUNT OF $106,484.17 – FOR
DAMAGE CAUSED BY HURRICANE IRMA
Item #16C3
July 10, 2018
Page 188
AWARD INVITATION TO BID #18-7327, “PAINTING AND
PRESSURE WASHING,” TO FLORIDA SERVICE PAINTING,
INC. D/B/A SERVICE CONTRACTING SOLUTIONS, FOR
COUNTY-WIDE PAINTING AND PRESSURE WASHING
Item #16C4
AWARD CONTRACT NO. 16-6639, “VARIABLE TDS REVERSE
OSMOSIS CONCEPTUAL DESIGN”, TO CH2M, FOR
PROFESSIONAL ENGINEERING SERVICES TO ALLOW WELL
WATER TREATMENT OF VARYING TOTAL DISSOLVED
SOLIDS (TDS) IN THE AMOUNT OF $367,403, AND
AUTHORIZING THE CHAIRMAN TO EXECUTE THE
CONTRACT AND AUTHORIZING THE NECESSARY BUDGET
AMENDMENT (PROJECT #70104) – TO BE USED AS A BASIS
FOR A FUTURE DESIGN-BUILD PROJECT THAT WILL
RECONFIGURE THE NORTH COUNTY REGIONAL WATER
TREATMENT PLANT (NCRWTP)
Item #16C5
AWARD INVITATION TO BID #18-7325 TO SOUTHERN TANK
AND PUMP COMPANY FOR THE MAINTENANCE, REPAIR
AND TESTING OF COLLIER COUNTY OWNED OR
OPERATED STORAGE TANKS – FOR THE
INTERDEPARTMENTAL TANKS PROGRAM WITHIN THE
SOLID AND HAZARDOUS WASTE MANAGEMENT DIVISION
Item #16C6
AWARD A WORK ORDER TO QUALITY ENTERPRISES USA,
July 10, 2018
Page 189
INC., IN THE AMOUNT OF $212,965.26 FOR LAKE TRAFFORD
MEMORIAL GARDENS DRAINAGE IMPROVEMENT PROJECT
NO. 52525, AUTHORIZE THE CHAIRMAN TO EXECUTE THE
WORK ORDER, AND AUTHORIZ BUDGET AMENDMENTS IN
THE AMOUNT OF $149,132 TO FULLY FUND THE PROJECT
Item #16C7
WAIVING THE FORMAL COMPETITION AND APPROVING
THE PURCHASE OF SOFTWARE SUPPORT FROM PENBAY
SOLUTIONS, LLC. TO CONTINUE MIGRATION OF
FACILITIES MANAGEMENT'S ASSETS AND RELATED DATA
ATTRIBUTES TO THE ENTERPRISE ASSET MANAGEMENT
PLATFORM (CITYWORKS) IN THE AMOUNT OF $15,000 –
UTILIZED BY THE PUBLIC UTILITIES DEPARTMENT
Item #16C8
AWARD BID NUMBER 18-7368, “COLLIER BOULEVARD AND
GOLDEN GATE CANAL 36-INCH WATER MAIN
DIRECTIONAL DRILL,” PROJECT NUMBER 71010, WHICH
INCLUDES DIRECTIONAL DRILLING A 36-INCH WATER
MAIN UNDER GOLDEN GATE CANAL TO ABANDON THE
EXISTING AERIAL WATER MAIN CROSSING, TO QUALITY
ENTERPRISES USA, INC., IN THE AMOUNT OF $728,970, AND
AUTHORIZING THE NECESSARY BUDGET AMENDMENT –
THE PROJECT IS JUST EAST OF COLLIER BOULEVARD AND
NORTH OF CITY GATE BOULEVARD NORTH
Item #16C9 (Commissioner Solis abstained from voting during
Agenda Changes)
July 10, 2018
Page 190
AUTHORIZING A SINGLE AND SOLE-SOURCE WAIVERS
FOR THE PURCHASE OF EQUIPMENT AND SERVICES
NEEDED TO REPAIR AND MAINTAIN POTABLE WATER
PRODUCTION FACILITIES, WASTEWATER TREATMENT
FACILITIES, AND DISTRIBUTION/COLLECTION SYSTEMS
INFRASTRUCTURE IN ORDER TO MEET DEMAND AND
MAINTAIN COMPLIANCE OF PUBLIC UTILITY
DEPARTMENT OPERATIONS – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16C10
AWARD REQUEST FOR PROPOSAL #18-7313, “HVAC
REPLACEMENT AND NEW INSTALLATION” TO UNITED
MECHANICAL, INC., JUICE TECHNOLOGIES, INC. D/B/A
PLUG SMART AND DCI SYSTEMS GROUP, INC., FOR HVAC
REPLACEMENT AND NEW INSTALLATION SERVICES FOR
ANTICIPATED ANNUAL SERVICES IN THE ESTIMATED
AMOUNT OF $3,000,000 ANNUALLY, AND AUTHORIZING
THE CHAIRMAN TO EXECUTE THE AGREEMENTS WITH
AWARDED CONTRACTORS
Item #16C11
AGREEMENT BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION AND
THE COLLIER COUNTY WATER-SEWER DISTRICT TO
RESOLVE CERTAIN CLAIMS BY THE DEPARTMENT
RELATED TO POTENTIAL SPILLS IN THE AFTERMATH OF
HURRICANE IRMA – AGREEMENT NO. 18-0080
July 10, 2018
Page 191
Item #16C12
AWARD BID NO. 18-7333, “SMALL PROJECTS AND GENERAL
CONTRACTING SERVICES,” TO NR CONTRACTORS, INC., AS
THE PRIMARY, AND CAPITAL CONTRACTORS, LLC, AS THE
SECONDARY CONTRACTORS – FOR THE MAINTENANCE
AND REPAIR OF COUNTY FACILITIES
Item #16C13
A $443,160 WORK ORDER UNDER RFQ #14-6213-124 TO
DOUGLAS N. HIGGINS, INC., TO INSTALL A WASTEWATER
FORCE MAIN ALONG OIL WELL ROAD UNDER ORANGE
TREE PUMP STATION AND FORCE MAIN PROJECT 70228,
AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT
Item #16D1
A MEMORANDUM OF AGREEMENT BETWEEN THE
FLORIDA FISH AND WILDLIFE COMMISSION AND COLLIER
COUNTY TO RESTORE AND STABILIZE THE LAKE
TRAFFORD SHORELINE AND ENHANCE THE LAKE’S
AQUATIC HABITAT AT ANN OLESKY PARK AND MAKE A
FINDING THAT THE RELATED TOURIST DEVELOPMENT
TAX EXPENDITURE PROMOTES TOURISM – FWC
CONTRACT NO. 18010
Item #16D2
GRANTING THE CITY OF NAPLES PERMISSION TO ACCESS
July 10, 2018
Page 192
COUNTY PROPERTY AT CLAM PASS TO FACILITATE
LANDSCAPE MAINTENANCE ON THE ADJACENT CITY OF
NAPLES PROPERTY
Item #16D3
A RELEASE OF LIEN TO COMBINE RELEASE OF FOUR (4)
SEPARATE LIENS FOR A COMBINED AMOUNT OF $26,619.72
FOR PROPERTIES DEVELOPED BY HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC. THAT HAVE
REMAINED AFFORDABLE FOR THE REQUIRED 15-YEAR
PERIOD SET FORTH IN THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) IMPACT FEE PROGRAM – LOCATED
AT 5565 COLLINS AVE AND 5310 CARLTON STREET
Item #16D4
THE SIGNING OF ONE (1) RELEASE OF LIEN WITH A
COMBINED AMOUNT OF $26,729.70 FOR DECEASED
HABITAT FOR HUMANITY HOMEOWNERS THAT RECEIVED
STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) IMPACT
FEES FOR NEW CONSTRUCTION OF AFFORDABLE
HOUSING – LOCATED AT 14669 APALACHEE STREET AND
14737 APALACHEE STREET
Item #16D5
APPROVAL OF SEVEN (7) SATISFACTION OF MORTGAGES
WITH A COMBINED AMOUNT OF $116,740 FOR DECEASED
HOMEOWNERS WHO RECEIVED STATE HOUSING
INITIATIVE PARTNERSHIP (SHIP) AND/OR U.S.
July 10, 2018
Page 193
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
(HUD) FUNDS FOR RESIDENTIAL REHABILITATION OF
THEIR RESIDENTIAL UNITS – FOR THE FOLLOWING FOLIO
NUMBERS: #60205005400, #74030840004, #63375000206,
#74031320002, #74031320002, #65120240002 AND #65120240002
Item #16D6
ACCEPTING THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM ALLOCATION IN THE
AMOUNT OF $576,606 AND APPROVE THE BUDGET
AMENDMENT FOR FY 2018-2019 - FUNDS WILL ALLOW
STAFF TO IMPLEMENT SHIP PROGRAM STRATEGIES
OUTLINED IN THE 2016/2019 LOCAL HOUSING ASSISTANCE
PLAN (LHAP) WITH THE EXPENDITURE DATE JUNE 30, 2021
Item #16D7
AN EXTENSION TO THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM GRANT EXPENDITURE
DEADLINE FOR FISCAL YEARS 2014/2015 AND 2015/2016
GRANTED BY THE FLORIDA HOUSING FINANCE
CORPORATION – MOVING THE DEADLINE FROM JUNE 30,
2018 TO DECEMBER 31, 2018
Item #16D8
GRANT AWARD FROM THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION COASTAL PARTNERSHIP
INITIATIVE PROGRAM IN THE AMOUNT OF $30,000 FOR
THE MAP AND USER INFORMATION DEVELOPMENT FOR
July 10, 2018
Page 194
PHASE II OF THE PARADISE COAST BLUEWAY PADDLING
TRAIL AND AUTHORIZING THE NECESSARY BUDGET
AMENDMENTS – CREATES MORE MODERATE AND
ACCESSIBLE ROUTES FROM GOODLAND TO GORDON
PASS, INCLUDING ROOKERY BAY
Item #16D9
AUTHORIZING THE CHAIRMAN TO SIGN THE APPLICATION
AND NOTICE OF INTEREST - ELECTRONIC LIEN AND TITLE
PROCESS FORM FOR THE ADMINISTRATION OF THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
DEMOLITION AND/OR REPLACEMENT OF MANUFACTURED
HOUSING
Item #16D10
RESOLUTION 2018-121: A FISCAL YEAR 2018-19 LOCAL
PROGRAM ADMINISTRATIVE SUPPORT GRANT AWARD IN
THE AMOUNT OF $26,962 FROM THE FLORIDA
COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED (CTD); EXECUTE AN AGREEMENT
BETWEEN THE COMMUNITY TRANSPORTATION
COORDINATOR (CTC) AND THE COLLIER METROPOLITAN
PLANNING ORGANIZATION (MPO), AND AUTHORIZING
THE NECESSARY BUDGET AMENDMENT
Item #16D11
A BUDGET AMENDMENT APPROPRIATING ADDITIONAL
FUNDS FOR THE PURCHASE AND INSTALLATION OF THE
July 10, 2018
Page 195
BACKUP GENERATOR AT THE MARCO ISLAND
HISTORICAL MUSEUM TO FACILITATE THE KEY MARCO
ARTIFACTS LOAN PROJECT – AN ESTIMATED COST OF
$359,000
Item #16D12
AN “AFTER-THE-FACT” SECOND AMENDMENT AND
ATTESTATION STATEMENT WITH THE AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC. (AGENCY), HOME
CARE FOR THE ELDERLY (HCE) GRANT PROGRAM FOR
SERVICES FOR SENIORS AND AUTHORIZING A BUDGET
AMENDMENT TO ENSURE CONTINUOUS FUNDING FOR
FY2017/2018 – INCREASING THE HCE OVERALL FUNDING
TO THE GRANT AWARD BY $2,500 FOR THE FY2017-2018
CONTRACT YEAR WITH A $0 LOCAL MATCH
Item #16D13 – Moved to Item #11M (Per Agenda Change Sheet)
Item #16E1
RESOLUTION 2018-122: EXECUTING A STANDARD FORM
INTERLOCAL AGREEMENT FOR USE WITH LOCAL
GOVERNMENTS, INDEPENDENT FIRE DISTRICTS AND
OTHER FIRST RESPONDER AGENCIES FOR RE-FUELING
DURING WILDFIRES OR EXTENDED FIRE RESPONSE
WITHOUT FURTHER BOARD ACTION
Item #16E2
THE ADDITION OF ONE (1) CLASSIFICATION TO THE 2018
July 10, 2018
Page 196
FISCAL YEAR PAY & CLASSIFICATION PLAN MADE FROM
APRIL 1, 2018 TO JUNE 30, 2018 – FOR A RADIO SYSTEM
ANALYST
Item #16E3
THE PURCHASE OF GROUP LIFE INSURANCE, ACCIDENTAL
DEATH INSURANCE, LONG TERM DISABILITY INSURANCE,
SHORT TERM DISABILITY CLAIMS AND FAMILY MEDICAL
LEAVE ACT ADMINISTRATION SERVICES (AGREEMENT
#18-7409) FROM RELIANCE STANDARD/MATRIX ABSENCE
MANAGEMENT, INC., FOR A THREE-YEAR PERIOD
EFFECTIVE JANUARY 1, 2019, IN THE ESTIMATED ANNUAL
AMOUNT OF $670,994
Item #16E4
AN ASSUMPTION AGREEMENT TO APTIM COASTAL
PLANNING & ENGINEERING, INC. ASSIGNING ALL RIGHTS,
DUTIES AND BENEFITS, AND OBLIGATIONS UNDER
AGREEMENT #13-6164-CZ – STAFF WAS NOTIFIED OF THE
NAME CHANGE ON AUGUST 11, 2017 FROM COASTAL
PLANNING & ENGINEERING, INC.
Item #16E5
APPROVAL OF THREE (3) ASSUMPTION AGREEMENTS TO
APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. (FKA
CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC.)
ASSIGNING ALL RIGHTS, DUTIES AND BENEFITS, AND
OBLIGATIONS UNDER AGREEMENTS #15-6382, #15-6397
July 10, 2018
Page 197
AND #17-7097 – STAFF WAS NOTIFIED OF THE NAME
CHANGE ON AUGUST 11, 2017 FROM CB&I
ENVIRONMENTAL & INFRASTRUCTURE, INC.
Item #16E6
RECOGNIZING AND APPROPRIATING REVENUE FOR
CURRENT YEAR REIMBURSEMENTS TO EMS IN THE
AMOUNT OF $50,000
Item #16E7
RECOGNIZING ACCRUED INTEREST FROM THE PERIOD OF
JANUARY 2018 THROUGH MARCH 2018 EARNED BY EMS
COUNTY GRANT AND APPROPRIATE FUNDS FOR A TOTAL
AMOUNT OF $538.31
Item #16E8
A DONATION OF ONE AEROCLAVE DECONTAMINATION
SYSTEM PURCHASED FOR EMERGENCY MEDICAL
SERVICES BY THE COLLIER HEALTHCARE EMERGENCY
PREPAREDNESS COALITION IN THE AMOUNT OF $10,124 –
USED TO DISINFECT AMBULANCES AFTER TRANSPORTING
HIGHLY CONTAMINATED PATIENTS
Item #16E9
AWARD INVITATION TO BID (ITB) #18-7406, “EMERGENCY
FUEL” TO PALMDALE OIL COMPANY INC. AS PRIMARY
AND PRO ENERGY LLC. AS SECONDARY
July 10, 2018
Page 198
Item #16E10 – Withdrawn (Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE THE ADMINISTRATIVE
REPORT PREPARED BY THE PROCUREMENT SERVICES
DIVISION FOR DISPOSAL OF PROPERTY AND
NOTIFICATION OF REVENUE DISBURSEMENT
Item #16E11
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL – FOR ELEVEN CHANGE ORDERS
MODIFYING CONTRACTS BY $115,098 AND NINE AFTER
THE FACT MEMOS WITH A FISCAL IMPACT OF $582,821.81
Item#16E12
EXTENDING THE EXISTING CONTRACT TO JETPAY
PAYMENT SERVICES, FL, LLC UNDER AGREEMENT #06-
3972, “CREDIT CARD AND ACH PROCESSING” FOR A
PERIOD OF SIX MONTHS TO ALLOW STAFF TO COMPLETE
NEGOTIATIONS AND IMPLEMENTATION OF A PAYMENT
PROCESSING AND RELATED SERVICES CONTRACT FOR
CREDIT CARD PROCESSING AND RELATED SERVICES
Item #16F1
APPROVAL OF TOURIST DEVELOPMENT TAX PROMOTION
FUNDS TO SUPPORT THE UPCOMING SEPTEMBER 2018
July 10, 2018
Page 199
SPORTS TOURISM EVENTS UP TO $23,300 AND MAKE A
FINDING THAT THESE EXPENDITURES PROMOTE TOURISM
– FOR THE PUBLIX LABOR DAY TOURNAMENT BEING
HELD SEPTEMBER 1-3, 2018 AND THE NAPLES KICK OFF
CLASSIC BEING HELD SEPTEMBER 28-30, 2018
Item #16F2
APPROVAL OF TOURIST DEVELOPMENT TAX PROMOTION
FUNDS TO SUPPORT THE 2019 AMERICAN JUNIOR GOLF
ASSOCIATION JUNIOR CHAMPIONSHIP UP TO $10,000 AND
MAKE A FINDING THAT THIS EXPENDITURE PROMOTES
TOURISM – TAKING PLACE JUNE 23-27, 2019 AT THE
NAPLES BEACH HOTEL AND GOLF CLUB
Item #16F3
AMENDMENT #3 TO COLLIER COUNTY’S AGREEMENT
WITH PRO WATERCROSS TO HOST THE 2018 PRO
WATERCROSS WORLD CHAMPIONSHIPS IN COLLIER
COUNTY, APPROVE TOURIST DEVELOPMENT TAX
PROMOTION FUNDING IN THE AMOUNT OF $147,500 FOR
LOCAL EVENT EXPENSES, AND MAKE A FINDING THAT
THIS EXPENDITURE PROMOTES TOURISM – BEING HELD
AT SUGDEN REGIONAL PARK OCTOBER 23 THROUGH
NOVEMBER 4, 2018
Item #16F4
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
July 10, 2018
Page 200
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY –
BUDGET AMENDMENT #18-569 NEEDED FOR PEPPER
RANCH RV PAD AND RELATED IMPROVEMENTS FOR
VOLUNTEER HOST PROGRAM AND CLOSE OUT SMALL
GREENWAY PROJECT BUDGET
Item #16F5
RESOLUTION 2018-123: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2017-18 ADOPTED
BUDGET
Item#16F6
AUTHORIZING REMITTANCE OF $142,830 TO EVERGLADES
CITY IN ACCORDANCE WITH AN INTERLOCAL
AGREEMENT TO PROVIDE FINANCIAL ASSISTANCE FOR
HURRICANE IRMA DAMAGE AND REMEDIATION EFFORTS
Item#16F7
CONTRACT #18-7387, “ANNUAL AUDIT SERVICES,” WITH
CLIFTON LARSON ALLEN LLP FOR THREE YEARS OF
AUDITING SERVICES IN THE AGGREGATE AMOUNT OF
$1,071,000 AND EXECUTION OF AN AUDIT ENGAGEMENT
LETTER
Item #16F8
AWARD RFP #18-7294 “COLLIER COUNTY NAMING RIGHTS
July 10, 2018
Page 201
AND SPONSORSHIP” TO THE SUPERLATIVE GROUP,
AUTHORIZING THE CHAIRMAN TO EXECUTE THE
ASSOCIATED AGREEMENT AND APPROVE ALL REQUIRED
FUND TRANSFERS – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16F9
A WARRANTY DEED FROM AVE MARIA DEVELOPMENT,
LLLP, AND AUTHORIZING CREDITS FOR IMPACT FEES –
FOR FOLIO #22671201708 AND A PORTION OF FOLIO
#22671201601
Item #16G1
AFTER-THE-FACT SUBMITTAL OF A FEDERAL AVIATION
ADMINISTRATION GRANT APPLICATION REQUESTING
$4,863,385 FOR CONSTRUCTION OF AN AIRCRAFT APRON
AND AIRFIELD SAFETY IMPROVEMENTS AT THE MARCO
ISLAND EXECUTIVE AIRPORT
Item #16G2
AWARD INVITATION TO BID NO. 18-7332 MARCO ISLAND
AND EVERGLADES AIRPORT HANGAR REPAIRS TO ALEN
CONSTRUCTION GROUP, INC. FOR $541,296, AUTHORIZING
THE CHAIRMAN TO EXECUTE THE CONTRACT, AND
AUTHORIZING THE NECESSARY BUDGET AMENDMENTS
(PROJECT NO. 50154) – FOR DAMAGE CAUSED BY
HURRICANE IRMA
July 10, 2018
Page 202
Item #16J1
INCREASING THE BUDGETED DONATION FOR THE BOY
SCOUTS OF AMERICA – SOUTHWEST FLORIDA COUNCIL,
INC., AN ADDITIONAL $10,000 FOR A TOTAL $15,000
DONATION FROM THE CONFISCATED TRUST FUNDS
Item #16J2
A BUDGET AMENDMENT RE-APPROPRIATING $762,579.46
FROM SHERIFF CAPITAL PROJECTS PROGRAM #53011 TO
PROGRAM #50159 FOR THE PURCHASE OF A NEW ACCESS
MANAGEMENT SYSTEM – FUNDS WILL NOT BE USED FOR
RECORDS MANAGEMENT
Item #16J3
DESIGNATING THE SHERIFF AS THE OFFICIAL APPLICANT
AND POINT OF CONTACT FOR THE U.S. DEPARTMENT OF
JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF
JUSTICE ASSISTANCE STOP VIOLENCE THREAT
ASSESSMENT AND TECHNOLOGY PROGRAM GRANT
FY2018. AUTHORIZING THE ACCEPTANCE OF THE GRANT
WHEN AWARDED, APPROVE ASSOCIATED BUDGET
AMENDMENTS AND APPROVE THE COLLIER COUNTY
SHERIFF’S OFFICE TO RECEIVE AND EXPEND 2018 GRANT
FUNDS - FOR THE DEVELOPMENT AND OPERATION OF
SCHOOL THREAT ASSESSMENT AND CRISIS
INTERVENTION TEAMS
Item #16J4
July 10, 2018
Page 203
AN AGREEMENT AUTHORIZING THE COLLIER COUNTY
SHERIFF’S OFFICE TO HAVE TRAFFIC CONTROL
JURISDICTION OVER PRIVATE ROADS WITHIN THE
RIVERSTONE AT NAPLES SUBDIVISION – THE
DEVELOPMENT IS LOCATED OFF OF LOGAN BOULEVARD
Item #16J5
THE CLERK OF THE CIRCUIT COURT’S INTERNAL AUDIT
REPORT 2018-4 PAYROLL AUDIT PELICAN BAY SERVICES
DIVISION, ISSUED ON, JULY 3, 2018 – ALSO AVAILABLE
ELECTRONICALLY ON THE CLERK’S WEBSITE
Item #16J6
A REQUEST THAT THE BOARD APPROVE AND DETERMINE
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF JULY 3, 2018
Item #16J7
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 JUNE 14 AND JUNE 27, 2018
PURSUANT TO FLORIDA STATUTE 136.06
Item #16K1
July 10, 2018
Page 204
RESOLUTION 2018-124: APPOINTING DAWN WHELAN TO
THE COLLIER COUNTY CITIZEN CORPS FOR THE
REMAINDER OF A VACANT TERM EXPIRING ON
NOVEMBER 5, 2021
Item #16K2
RESOLUTION 2018-125: APPOINTING HARRIET LANCASTER
TO THE SENIOR ADVISORY COMMITTEE FOR THE
REMAINDER OF A VACANT TERM EXPIRING APRIL 19, 2019
Item #16K3
RESOLUTION 2018-126: RE-APPOINTING MATTHEW
NOLTON TO THE CONTRACTORS LICENSING BOARD TO A
TERM EXPIRING JUNE 30, 2021
Item #16K4
A MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT
OF $39,000 FOR FULL COMPENSATION FOR THE TAKING OF
PARCEL 414RDUE, PLUS $8,217 FOR STATUTORY
ATTORNEY FEES AND $6,850 FOR EXPERT FEES AND
COSTS, IN THE CASE STYLED COLLIER COUNTY V.
LOURDES PEREZ BELLO, ET AL., CASE NO. 17-CA-1390
REQUIRED FOR IMPROVEMENTS TO GOLDEN GATE BLVD.
(PROJECT NO. 60145). [FISCAL IMPACT: $38,667] – FOR THE
WIDENING OF GOLDEN GATE BLVD. FROM EAST OF
EVERGLADES BLVD. TO THE FAKA UNION CANAL
Item #16K5
July 10, 2018
Page 205
A JOINT MOTION AND STIPULATED FINAL JUDGMENT IN
THE AMOUNT OF $39,000 FOR PARCEL 449RDUE, PLUS
$8,028.90 FOR STATUTORY ATTORNEY’S FEES AND $6,850
FOR EXPERT FEES AND COSTS, IN THE LAWSUIT
CAPTIONED COLLIER COUNTY V. DAVID MARTINEZ, ET
AL, CASE NO. 17- CA-1454, REQUIRED FOR THE GOLDEN
GATE BOULEVARD EXPANSION PROJECT NO. 60145.
(FISCAL IMPACT: $38,568.90) – FOR THE WIDENING OF
GOLDEN GATE BLVD. FROM 20TH STREET EAST TO EAST OF
EVERGLADES BLVD.
Item #17A (Commissioner McDaniel opposed during Agenda
Changes)
ORDINANCE 2018-34: 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,
BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION
TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING: CHAPTER THREE - RESOURCE
PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION
STANDARDS, TO AMEND DESIGN STANDARDS RELATING
TO OFFSITE PRESERVES AND TO MODIFY REQUIREMENTS
FOR MONETARY PAYMENT AND LAND DONATION OFF-
SITE PRESERVE ALTERNATIVES; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION
IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;
July 10, 2018
Page 206
AND SECTION SIX, EFFECTIVE DATE
Item #17B
ORDINANCE 2018-35: AMENDING ORDINANCE NUMBER 12-
26, AS AMENDED, THE BENT CREEK PRESERVE RPUD, TO
AMEND THE MASTER PLAN TO CHANGE THE
DESIGNATION OF A 1.27± ACRE AREA IN THE NORTHWEST
PORTION OF THE PUD FROM RECREATION AREA (“RA”) TO
RESIDENTIAL (“R”), TO REMOVE CELLULAR
COMMUNICATION TOWERS FROM THE LIST OF
PERMITTED PRINCIPAL USES IN TRACT RA, TO REDUCE
THE MINIMUM FRONT YARD SETBACK FOR SINGLE-
FAMILY ATTACHED AND TOWNHOUSE TO 15 FEET, AND
TO ADD A FOOTNOTE TO THE DEVELOPMENT STANDARDS
TABLE RELATING TO FRONT YARD SETBACKS ON
CORNER LOTS FOR PROPERTY CONSISTING OF 138.4±
ACRES, LOCATED APPROXIMATELY ONE-HALF MILE EAST
OF THE INTERSECTION OF COLLIER BOULEVARD AND
IMMOKALEE ROAD, IN SECTION 26, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PL20170002382]
Item #17C
RESOLUTION 2018-127: STAFF-PROPOSED PETITION FOR
GROWTH MANAGEMENT PLAN AMENDMENTS TO THE
FUTURE LAND USE ELEMENT, THE GOLDEN GATE AREA
MASTER PLAN, HOUSING ELEMENT AND THE IMMOKALEE
AREA MASTER PLAN, PROVIDING FOR CHANGES TO
AFFORDABLE HOUSING DENSITY BONUSES AVAILABLE
July 10, 2018
Page 207
BY THE DENSITY RATING SYSTEM AS AUTHORIZED OR
DIRECTED BY THE BOARD OF COUNTY COMMISSIONERS,
ON FEBRUARY 27, 2018, ITEM NO. 11A, FOR TRANSMITTAL
TO THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY FOR REVIEW AND COMMENTS RESPONSE.
(TRANSMITTAL HEARING) (PL20180001205/CPSP-2018-4)
Item #17D
RESOLUTION 2018-128: AMENDING THE WATER-SEWER
DISTRICT UTILITIES STANDARDS MANUAL FOR CRITICAL
INFRASTRUCTURE RESILIENCY AND OTHER
IMPROVEMENTS
Item #17E
ORDINANCE 2018-36: AMENDING THE COLLIER COUNTY
UTILITIES STANDARDS AND PROCEDURES ORDINANCE
FOR CRITICAL INFRASTRUCTURE RESILIENCY
Item #17F
RESOLUTION 2018-129 AND RESOLUTION 2018-130:
1) AMENDING SCHEDULES ONE, TWO, THREE, FOUR, AND
FIVE OF APPENDIX A TO SECTION FOUR OF COLLIER
COUNTY ORDINANCE NO. 2001-73, AS AMENDED, TITLED
THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM
BILLING, OPERATING, AND REGULATORY STANDARDS
ORDINANCE, WITH EFFECTIVE DATES OF OCTOBER 1, 2018,
OCTOBER 1, 2019, AND OCTOBER 1, 2020; AND, 2)
ADJUSTING THE COLLIER COUNTY WATER-SEWER
July 10, 2018
Page 208
DISTRICT BULK POTABLE SERVICES WATER RATES
WITHIN THE HAMMOCK BAY SERVICE AREA, AS
AUTHORIZED BY THE POTABLE WATER BULK SERVICES
AGREEMENT, WITH EFFECTIVES DATES OF OCTOBER 1,
2018, OCTOBER 1, 2019, AND OCTOBER 1, 2020
Item #17G
ORDINANCE 2018-37: AMENDING COLLIER COUNTY
ORDINANCE NO. 84-37, AS AMENDED, KNOWN AS THE
STATE OF EMERGENCY ORDINANCE, TO PROVIDE THAT
CURFEWS AND OTHER AUTHORIZED EMERGENCY
MEASURES TAKEN DURING CIVIL EMERGENCIES WILL BE
ENACTED VIA RESOLUTION
Item #17H
ORDINANCE 2018-38: AMENDING THE LOCAL PREFERENCE
POLICY AS SET FORTH IN THE COUNTY’S PROCUREMENT
ORDINANCE
Item #17I
ORDINANCE 2018-39: CREATING THE INTERCHANGE
ACTIVITY CENTER NO. 9 INNOVATION ZONE, TO BE
LOCATED AT THE INTERSECTION OF I-75 AND COLLIER
BLVD. TO FACILITATE ECONOMIC DEVELOPMENT BY
ESTABLISHING AN ECONOMIC DEVELOPMENT PLAN AND
TRUST FUND, SETTING A BASE TAX YEAR FOR THE FUND,
AND REIMBURSING ELIGIBLE EXPENDITURES AS
AUTHORIZED IN ADVANCE BY THE BOARD FOR USE IN
July 10, 2018
Page 209
ENCOURAGING ECONOMIC GROWTH
Item #17J
RESOLUTION 2018-131: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2017-18 ADOPTED
BUDGET
July 10, 2018
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:41 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPEC L IST411' UNDER ITS CONTROL
ANDY SOLIS, CHAIRMAN
ATTEST:
CRYSTAL K. KINZEL,
CLERK & COMPTROLLER
\OA fr"- -Attest as to. hau to
signature only.N
These minutes approved by the Board on tl ( 201
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 210
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 gCOUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED
July 10, 201$ MY POSITION IS: I ELECTIVE U 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)(1),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 July 10 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 July 10, 2018, the Board of County Commissioners will consider Agenda Item 16-C-9, a recommendation to
authorize single and sole-source waivers for the purchase of equipment and services needed to repair and
maintain potable water production facilities, wastewater treatment facilities, and distribution/collection systems
infrastructure in order to meet demand and maintain compliance of Public Utility Department operations.
At least one of the companies listed in this Agenda Item 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.
"I '
July 10, 2018
Date Filed Signat' ..
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.