BCC Minutes 09/11/2018 RSeptember 11, 2018
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, September 11, 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 K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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September 11, 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
September 11, 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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September 11, 2018
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Eric R. Hausler of Christ the King Presbyterian Church and Chaplain,
Naples Jail
B. The Honor Guard of the Collier County Sheriff’s Office will Present the
Colors and lead the Pledge of Allegiance in tribute to the lives lost on
September 11, 2001.
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 21, 2018 - BCC/Budget Workshop Meeting
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C. June 26, 2018 - BCC/Regular Meeting Minutes
D. July 10, 2018 - BCC/Regular Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
1) Recommendation to recognize Duane Neal, Senior Programmer
Analyst, Engineering & Project Management, Public Utilities
Department as the July 2018 Employee of the Month.
4. PROCLAMATIONS
A. Proclamation designating September 13, 2018 as Hunger Action Day in
Collier County. To be accepted by Miriam Pereira, Director of
Development, Harry Chapin Food Bank.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for September
2018 to Driftwood Garden Center & Florist. To be accepted by Craig
Hazelett, Owner, and his family. Also attending is Bethany Sawyer from the
Greater Naples Chamber of Commerce.
B. Presentation of the Florida Department of Health’s 2018 Healthy
Community Champions award to the Collier County Board of County
Commissioners. To be presented by Stephanie Vick, Administrator, Florida
Department of Health in Collier County along with her staff Reggie Wilson
and Jennifer Gomez. Joining county commissioners in accepting the award
are Dr. Allen Weiss; Blue Zones Project representatives Deb Logan, Jessica
Crane and Rae Woods; and Collier County Government representatives Len
Golden Price, Jeff Walker and Karen Eastman.
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6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
A. This item has been continued from the July 10, 2018 BCC meeting.
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. Recommendation to approve the single, 2016 Cycle 3 Growth Management
Plan Amendment petition PL20160002360, specific to an Ordinance
adopting the proposed Goodlette/Pine Ridge Mixed Use Subdistrict at the
northeast corner of Pine Ridge Road and Goodlette-Frank Road. (Adoption
Hearing) (This is a companion to Agenda Item #9B)
B. 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 approve an Ordinance
amending Ordinance Number 99-94, the Pine Ridge Commons Planned Unit
Development (PUD), to add 325 multi-family dwelling units as permitted
uses in the commercial district in the areas designated on the master plan; by
adding development standards for residential structures; by revising Exhibit
A, the PUD master plan and providing for an effective date. The subject
property is located on the northeast quadrant of the intersection of Pine
Ridge Road and Goodlette-Frank Road in Section 10, Township 49 South,
Range 25 East, Collier County, Florida. [PL20160002306] (This is a
companion to Agenda Item #9A)
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C. Recommendation to adopt an Ordinance which would create the Unpaved
Private Road Emergency Repair Municipal Service Taxing Unit (MSTU) by
authorizing a levy of not to exceed one (l.0) mil of ad valorem taxes per
year.
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve a Resolution amending and supplementing
Resolution 2017-141 in certain respects, which Resolution 2017-141
authorized the issuance by Collier County of Tourist Development Tax
Revenue Bonds from time to time; Authorizing the issuance of not
exceeding $70,000,000 aggregate principal amount of Collier County,
Florida Tourist Development Tax Revenue Bonds, Series 2018 in order to
finance costs of the development, acquisition, construction and equipping of
a regional tournament caliber amateur sports complex; making certain
covenants and agreements with respect to said bonds; authorizing the
awarding of said bonds pursuant to a public bid; delegating certain authority
to the County Manager for the award of the bonds and the approval of the
terms and details of said bonds; authorizing the publication of a Notice of
Sale for the bonds or a summary thereof; authorizing the distribution of a
preliminary official statement; appointing the paying agent and registrar for
said bonds; establishing a book-entry system of registration for the bonds;
authorizing the execution and delivery of a continuing disclosure certificate;
and providing for an effective date. (Mark Isackson, Corporate Financial and
Management Services Division Director)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
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15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Proposed Future Workshop Schedule
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve final acceptance of the sewer utility
facilities for Regency Autohaus, PL20160002378, and to authorize the
County Manager, or his designee, to release the Utilities Performance
Security (UPS) and Final Obligation Bond in the total amount of
$4,802.70 to the Project Engineer or the Developer’s designated
agent.
2) Recommendation to approve final acceptance of the sewer facilities
for Lane Park, PL20160003552, accept unconditional conveyance of a
portion of the sewer facilities, and to authorize the County Manager,
or his designee, to release the Utilities Performance Security (UPS)
and Final Obligation Bond in the total amount of $7,766 to the Project
Engineer or the Developer’s designated agent.
3) Recommendation to approve final acceptance of the potable water and
sewer facilities for Golf Club of the Everglades Phase 1B,
PL20160000995, accept unconditional conveyance of the potable
water facilities, and a portion of the sewer facilities, and to authorize
the County Manager, or his designee, to release the Final Obligation
Bond in the total amount of $4,000 to the Project Engineer or the
Developer’s designated agent.
4) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
Tuscany Pointe Phase 2, PL20170000588 and to authorize the County
Manager, or his designee, to release the Final Obligation Bond in the
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total amount of $4,000 to the Project Engineer or the Developer’s
designated agent.
5) Recommendation to approve final acceptance of the potable water
facilities for Vanderbilt Country Club Phase 2 – Fitness Center,
PL20140000162, accept unconditional conveyance of a portion of the
potable water facilities, and to authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and
Final Obligation Bond in the total amount of $6,708.92 to the Project
Engineer or the Developer’s designated agent.
6) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Legacy
Estates, PL20160001545 and to authorize the County Manager, or his
designee, to release the Final Obligation Bond in the total amount of
$4,000 to the Project Engineer or the Developer’s designated agent.
7) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Azure
at Hacienda Lakes Phase B, PL20170000515 and to authorize the
County Manager, or his designee, to release the Final Obligation Bond
in the total amount of $4,000 to the Project Engineer or the
Developer’s designated agent.
8) Recommendation to approve final acceptance of the potable water and
sewer facilities for Kalea Bay Phase 1A, PL20150000790, accept
unconditional conveyance of a portion of the potable water and sewer
facilities, and to authorize the County Manager, or his designee, to
release the Utilities Performance Security (UPS) and Final Obligation
Bond in the total amount of $11,091.79 to the Project Engineer or the
Developer’s designated agent.
9) Recommendation to approve final acceptance of the potable water and
sewer facilities for Bent Creek Preserve Recreation Facility,
PL20170000342, accept unconditional conveyance of a portion of the
potable water facilities, and to authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and
Final Obligation Bond in the total amount of $6,376.24 to the Project
Engineer or the Developer’s designated agent.
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10) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
Mockingbird Crossings Phase 2, PL20160000952 and to authorize the
County Manager, or his designee, to release the Final Obligation Bond
in the total amount of $4,000 to the Project Engineer or the
Developer’s designated agent.
11) Recommendation to approve final acceptance and unconditional
conveyance of the sewer utility facilities for Breeze of Calusa,
PL20150002733 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.
12) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Azure
at Hacienda Lakes Phases A1 and A2, PL20160003517 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.
13) 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 Five
Aviamar, Unit One, Application Number AR-6552; and authorize the
release of the maintenance security.
14) 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 Viansa at Talis Park, Application
Number 20150001986, and authorize the release of the maintenance
security.
15) 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 Egrets Crossing,
Application Number PL20180000399.
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16) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat Kopper's Subdivision,
Application Number PL20180001836.
17) Recommendation to approve a Temporary Construction Easement
Agreement (Parcel 127TCE) necessary for the construction of the
stormwater improvements in the Northwest Quadrant of Golden Gate
City, Project No. 51029 (Fiscal Impact: Approximately $3,000)
18) Recommendation to accept a Quitclaim Deed from South Florida
Water Management District conveying 51.18 acres+ of land (Parcel
120FEE) adjacent to Lake Trafford in Immokalee (ImmSIP Project
#60143). Estimated Fiscal Impact: $44.
19) Recommendation to award Bid #18-7286 to Florida Safety
Contractors, Inc., for the "Goodlette-Frank Road at Fleischmann
Boulevard Roadway and Signalization Improvements", Project
#60172.6 in the amount of $888,697.31, and authorize the Chairman
to execute the attached Agreement.
20) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $62,000 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20160001621) for work associated with Fronterra Phases 1 and 2.
21) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $25,000 which was posted as a
guaranty for Excavation Permit Number 60111, PL20130002403 for
work associated with All Seasons.
22) Recommendation to approve an Easement Use Agreement
(Agreement) for Lot 1, Landings at Bear’s Paw, according to the plat
thereof as recorded at Plat Book 56, Pages 5 through 6 of the public
records of Collier County.
23) Recommendation to approve a Florida Power & Light Company
Right-of-Way Consent Agreement and accompanying memorandum
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required for the replacement of the Pine Ridge Canal Weir (Project
No. 60119) Estimated Fiscal Impact: $217.
24) Recommendation to recognize funding from a multi-year Joint
Participation Agreement between the Florida Department of
Transportation and the Collier Metropolitan Planning Organization
that includes Federal pass-through 49 USC § 5305(d) funding to
provide for the MPO’s participation in fixed route transit planning
activities as described in the MPO’s Unified Planning Work Program
and to authorize necessary budget amendments for grant revenue in
the amount of $127,862 and a local match in the amount of $14,207.
25) Recommendation to approve a Work Order with APTIM
Environmental & Infrastructure, Inc. to provide professional
engineering services to develop a Coastal Program History and
Continuity Plan under Contract #15-6382 for a time and material not
to exceed amount of $79,556, authorize a Budget Amendment,
Authorize the Chairman to execute the Work Order with APTIM
Environmental & Infrastructure, Inc. and make a finding that this item
promotes tourism. (Project No. 80165)
26) Recommendation to approve an Agreement and all attendant
documents between the Department of the Army, U.S. Army Corps of
Engineers (USACE) and Collier County for the Collier County
Feasibility Shoreline Protection Study to cooperatively investigate
long term federal shoreline protection within Collier County, Florida.
27) Recommendation to approve and authorize the Chairman to execute
Agreement No. 19CO1 with the Florida Department of Environmental
Protection Bureau of Beaches and Coastal Systems Beach
Management Funding Assistance Program for Dredging of Wiggins
Pass, and make a finding that this item promotes tourism.
28) Recommendation to approve a Resolution supporting the County’s
applications to Florida Department of Environmental Protection for
Long Range Budget Plan Requests for Beach Renourishment Projects
for Fiscal Year 2019/2020. This action maintains the County's
eligibility for State Cost Share Funding for future renourishment
projects.
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29) Recommendation to provide after-the-fact acceptance of a Grant
Award from the Florida Fish and Wildlife Conservation Commission
under the Bulk Derelict Vessel Removal Program in the amount of
$42,500 and authorize necessary budget amendment (Project No
33577).
30) Recommendation to provide after-the-fact approval for the submittal
of three (3) Beach and Inlet Management Financial Assistance grant
applications to the Florida Department of Environmental Protection
for North County Beaches, South Marco Island Beach, and the
Wiggins Pass Inlet.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to approve an agreement between Collier County
and the Collier County Community Redevelopment Agency
(Bayshore Gateway Triangle) to accept U.S. Department of Housing
and Urban Development Community Development Block Grant funds
in the amount of $227,960 for the Bayshore Gateway Triangle Fire
Suppression Infrastructure Project, authorize the Chairman of the
Board to sign the grant agreement, execute all necessary forms and
authorize the necessary budget amendment.
2) Recommendation that the Collier County Board of County
Commissioners (BCC) acting as the Community Redevelopment
Agency (CRA) approve an agreement with Collier County to accept
Community Development Block Grant (CDBG) funds in the amount
of $200,000 for the for the Immokalee CRA Sidewalks Project,
authorizes the Chairman of the board to sign the grant agreement, and
authorize necessary budgets amendments.
3) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board (CRAB), approve the
relocation of the Bayshore Gateway Triangle CRA office to 2348
Pineland Avenue, approve a new office lease agreement with
Chrishelle III, LLC, and authorize the Chairman to sign.
4) Recommendation to authorize staff to advertise an Ordinance
amending Ordinance 97-82, as amended, which created the Bayshore
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Beautification Municipal Service Taxing Unit, to expand the district
boundary to include County owned right-of-way identified for the
purpose of constructing pedestrian streetscape improvements within
the right-of-way along Thomasson Drive.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve an agreement between the Diocese of
Venice in Florida, Quality Enterprises, Inc. and Collier County to
construct a gravity wall to address an unsafe slope condition on a
waste water pump station relocation project.
2) Recommendation to award Invitation to Bid #18-7362, North County
Regional Water Treatment Plant Reverse Osmosis Skid Instrument
Upgrade, to Harn RO Systems, Inc., in the amount of $189,177,
Project Number 71066.
3) Recommendation to award Invitation to Bid #18-7396 “Public
Utilities Tower Packing Media Replacement” to Harrington Industrial
Plastics LLC, in the unit amount of $8.10 per cubic foot for the
purchase of replacement degasification and odor control tower
packing media at the North and South County Regional Water
Treatment Plants.
4) Recommendation to approve a First Amendment to Ground Lease
Agreement and Memorandum of Lease with the Verizon Wireless
Personal Communications LP d/b/a Verizon Wireless at East Naples
Community Park.
5) Recommendation to provide after-the-fact approval for the submittal
of a BearWise Funding grant application to the Florida Fish and
Wildlife Conservation Commission (FWC) for the implementation of
the bear resistant trash roll cart program in the amount of $100,000.
6) Recommendation to approve and execute an Agreement to provide
partial funding to the Greater Naples Fire and Rescue District, a
Special District created by Laws of Florida, Chapter 2014-240, from
revenue derived from the GAC Land Sales, to purchase a Brush Truck
in the amount of $106,362.72, and to authorize a Budget Amendment
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to transfer the funds.
7) Recommendation to approve a $351,250 work order under Request
for Quotation #14-6213-127 to Quality Enterprises USA, Inc., for the
SRO Wellfield Flow Meter Replacement Phase II Project No. 70085
and authorize the necessary budget amendment.
8) Recommendation to authorize payment to Carrier Rental Systems in
the amount of $4,881 under Emergency Purchase Order #4500187611
for the emergency rental of two HVAC units servicing the Immokalee
Sports Complex.
9) Recommendation to approve Change Order No. 5 for Contract #16-
6638 with Mitchell & Stark Construction Co., Inc., to add 20 days and
$481,571.05 to the Vanderbilt Drive Cul-de-sacs Public Utility
Renewal Project (Project No. 70122), and to authorize the necessary
budget amendments.
10) Recommendation to authorize payment for the negotiated amount of
$573,090.94 to Ashbritt Environmental Services, Inc., for emergency
mobilization/demobilization, markups and rental of generators during
the Hurricane Irma storm related response.
11) Recommendation to provide technical assistance to Everglades City as
the City’s consultant regarding management of the Everglades City
Utility System in accordance with the Technical Assistance Interlocal
Agreement between the County, the Collier County Water-Sewer
District, and the City of Everglades City as approved by the Board of
County Commissioners on December 12, 2017, Agenda Item #11E.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and accept the conveyance of a bus stop
shelter Revocable Easement on property owned by Circle K Stores,
Inc.
2) Recommendation to authorize a Budget Amendment recognizing
$63,796.11 in revenue received under the Home Investment
Partnership (HOME) Program.
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September 11, 2018
3) Recommendation to authorize a Budget Amendment recognizing
$361,101.19 of State Housing Initiatives Partnership (SHIP) Program
Income for Fiscal Year 2017/2018.
4) Recommendation to authorize a Budget Amendment increasing the
FY 2017-2018 State Housing Initiative Partnership (SHIP) Program
allocation by $6,011.
5) Recommendation to approve three (3) satisfaction of mortgage for the
State Housing Initiatives Partnership (SHIP) Loan Program for
payment in the amount of $32,224.68.
6) Recommendation to approve nineteen (19) mortgage satisfactions for
the State Housing Initiatives Partnership (SHIP) Loan Program in the
combined amount of $163,500.
7) Recommendation to approve five (5) releases of lien in the amount of
$62,381.51 for full payment of the deferral of 100 percent of
countywide impact fees for owner-occupied affordable housing
dwelling units.
8) Recommendation to approve and authorize the Chairman to sign two
(2) releases of lien for an Affordable Housing Density Bonus (AHDB)
Agreement for units sold which are no longer subject to the terms of
the agreement.
9) Recommendation to approve five (5) State Housing Initiatives
Partnership (SHIP) Program Impact Fee releases of lien in the amount
of $33,531.04 for the associated owner-occupied affordable housing
dwelling unit where the obligation has been repaid in full or the term
has been met.
10) Recommendation to approve the State Housing Initiatives Partnership
(SHIP) Annual Reports and Local Housing Incentive Certification for
closeout Fiscal Year 2014/2015 and interim Fiscal Years 2015/2016,
2016/2017, and 2017/2018 to ensure compliance with program
requirements.
11) Recommendation to approve a Resolution authorizing and approving
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September 11, 2018
a Release, Assignment, and Assumption of Agreement Authorizing
Affordable Housing Density Bonus and Imposing Covenants and
Restrictions on Real Property with the transferor, Tuscan Isle
Community, Ltd., for property located within the Saddlebrook PUD.
12) Recommendation to acknowledge, accept, and appropriate a non-cash
charitable book collection donation to benefit the Collier County
Public Library, and authorize the County Manager, or designee, to
sign IRS Form 8283 for documenting charitable contributions.
13) Recommendation to authorize Budget Amendments carrying forward
and re-appropriating the budget provided for Conservation Collier
land acquisitions.
14) Recommendation to approve a revised Agreement for Sale and
Purchase with Orlando V. Bueno and Margarita C. Costa, as Personal
Representative of the Estate of Claudio Costa, Deceased, for 2.73
acres under the Conservation Collier Land Acquisition Program at a
cost not to exceed $35,400.
15) Recommendation to approve the electronic submittal of a funding
assistance proposal to the Florida Fish and Wildlife Conservation
Commission’s (FWC) Invasive Plant Management Section (IPMS) for
contractor services worth $208,000 during FY2019 to treat invasive
exotic vegetation within Conservation Collier’s Pepper Ranch, Red
Maple Swamp, and Wet Woods Preserves.
16) Recommendation to award Invitation to Bid (ITB) #18-7376 “Non-
Bulk Chemicals, Reagents, and Pool Supplies” to multiple awardees:
Category 1 - Non-Bulk Chemicals to Hawkins, Inc.; Category 2 -
Reagents to Commercial Energy Specialist; and Category 3 - Pool
Supplies to Recreonics, Inc.
17) Recommendation to authorize a Budget Amendment to centralize the
Sea Turtle Monitoring budget by transferring existing budget in the
amount of $30,000 from Park’s Beach and Water Park Operations to
Sea Turtle Monitoring Fund (119).
18) Recommendation to approve and authorize the removal of
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September 11, 2018
uncollectible receivables in the amount of $12,250.35 from the
financial records of the Parks and Recreation Division in accordance
with Resolution No. 2006-252 and authorize the Chair to execute
attached Resolution.
19) Recommendation to authorize the Chairman to sign the standard HUD
entitlement agreements upon arrival; approve and authorize the
Chairman to sign eleven (11) sub-recipient agreements for activities
previously approved in the FY2018-19 Action Plan for the
Community Development Block Grant (CDBG), HOME Investment
Partnership (HOME), and Emergency Solutions Grant Programs
(ESG), and one (1) sub-recipient agreement for a housing activity
previously approved in the FY2017-18 Action Plan; and authorize the
necessary Budget Amendments, in the amount of $3,470,652 for the
U.S. Department of Housing and Urban Development (HUD) Fiscal
Year 2018-2019 budget as approved in the HUD Action Plan for
entitlement funds.
20) Recommendation to approve the submittal of a 2018 Federal Transit
Administration (FTA) Section 5324 Emergency Relief Grant
application in the amount of $226,326.76 to repair damages to Collier
Area Transit (CAT) vehicles and facilities as a result of Hurricane
Irma, approve the acceptance of the award through the Transit Award
Management System (TrAMS), and authorize the necessary Budget
Amendment.
21) Recommendation to approve a one-year time extension amendment to
the Florida Department of Transportation (FDOT) Joint Participation
Agreement (JPA) G0575 of the State Discretionary Transit Service
Development Grant for the creation and implementation of a mobile
phone application for Collier Area Transit (CAT) passengers.
22) Recommendation to waive the fees for the Immokalee Commuter Bus
Route on Saturday, October 6, 2018, from 10:00 a.m. until 2:00 p.m.
for the Immokalee Big Bus event sponsored by the Department of
Health in Immokalee, Florida.
23) Recommendation to approve two (2) after-the-fact grant requests to
the Florida Department of Environmental Protection (FDEP) Florida
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September 11, 2018
Recreation Development Assistance Program (FRDAP), one (1) for
funding in the amount of $150,000 to purchase and install a
playground at Vineyards Community Park and one (1) for funding in
the amount of $150,000 to purchase and install a playground at East
Naples Community Park.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve Victory Layne Chevrolet as a single
source vendor for Chevrolet medium duty truck and van parts and
service.
2) Recommendation to approve a Budget Amendment to appropriate
funds reimbursed through FDOT to Greater Naples Fire District for
Paramedic-level service at Fire Station #63 on Alligator Alley
utilizing County Paramedics in the amount of $415,000.
3) Recommendation to provide after-the-fact approval for the submittal
of Hazard Mitigation Program grant applications for FEMA #4337-
DR- FL084-DR-FL “Hurricane Irma” to the Federal Emergency
Management Agency (FEMA Region IV), through the Florida
Division of Emergency Management, for various mitigation projects
in the total amount of $22,034,000.
4) Recommendation to approve and authorize the Chair to execute a
Federally Funded Subgrant Agreement to accept the annual
Emergency Management Performance Grant (EMPG) in the amount
of $106,875 for emergency management planning, response, and
mitigation efforts and to authorize the necessary budget amendments.
5) Recommendation to approve expenditures in excess of $50,000
annually for Paramedic Training at Hodges University.
6) Recommendation to authorize the Procurement Services Director to
procure goods or services from vendors who have been awarded a
contract as a result of a competitive selection process by a federal,
state or municipal government, or any other governmental agency,
political subdivision, or government-related association or a
purchasing cooperative provided that the originating entity utilized a
Page 18
September 11, 2018
competitive process similar to Collier County’s and authorize the
County Manager or designee to sign agreements associated with these
purchases.
7) Recommendation to award Invitation to Bid #18-7330 “Medications
for Emergency Medical Services” to Bound Tree Medical, LLC.
8) Recommendation to remit any remaining MSTU funds for Isles of
Capri Municipal Fire Services Taxing District, Fiddlers Creek
Municipal Rescue and Fire Services District, and Collier County Fire
Control Municipal Service Taxing Unit to Greater Naples Fire District
in accordance with the Board’s approval to repeal Ordinances 1978-
49 Isle of Capri, 1984-84 Collier County Fire Control and 2015-18
Fiddler’s Creek.
9) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement.
10) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
F. COUNTY MANAGER OPERATIONS
1) Board ratification of Summary, Consent and Emergency Agenda
Items approved by the County Manager during the Board's scheduled
recess. (In Absentia Meeting(s) dated July 24, 2018; August 14, 2018
and August 28, 2018).
July 24, 2018
a) Recommendation to authorize a budget amendment in the
amount of $600,000 to fund emergency response and repair that
maintains compliance for the Public Utilities Department’s
Wastewater Division.
b) Recommendation to approve the Administrative Reports
prepared by the Procurement Services Division for change
Page 19
September 11, 2018
orders and other contractual modifications requiring Board
approval.
c) 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 28 and
July 11, 2018 pursuant to Florida Statute 136.06.
d) Request that the Board approve and determine valid public
purpose for invoices payable and purchasing card transactions
as of July 18, 2018.
August 14, 2018
a) Recommendation to approve the issuance of an extension letter
extending the existing contract with Filter Pro USA, LLC, d/b/a
Kleen Air Research under Bid #14-6304, “Air Filtration
Services” for a period of six months to allow staff to re-solicit
these services.
b) Recommendation to award Invitation to Bid No. 18-7405
“Marco Island Museum Electric Generator Installation” to
Compass Construction in the amount of $197,943, and
authorize the Chairman to execute the contract.
c) Recommendation to approve and authorize the Chairman to
sign the First Amendment to the agreement with LeeCorp
Homes, Inc., Prestige Home Centers, Inc., Habitat for
Humanity of Collier County, Inc., and Rural Neighborhoods
Incorporated for the administration of the State Housing
Initiatives Partnership (SHIP) Demolition and/or Replacement
of Manufactured Housing and Owner-Occupied Rehabilitation
programs.
d) Recommendation to approve the administrative report prepared
by the Procurement Services Division for disposal of property
and notification of revenue disbursement.
Page 20
September 11, 2018
e) Recommendation to accept the report for the sale of items and
disbursement of funds associated with the County surplus
auction held on June 30, 2018.
f) Recommendation to authorize expenditures exceeding the
$50,000 administrative approval threshold in accordance with
the County's Procurement Ordinance No. 2017-08 for Robert
Half International, Inc., for temporary personnel services for the
Procurement Services Division.
g) Recommendation to approve the Administrative Reports
prepared by the Procurement Services Division for change
orders and other contractual modifications requiring Board
approval.
h) 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 July 12 and
August 1, 2018 pursuant to Florida Statute 136.06.
i) Request that the Board approve and determine valid public
purpose for invoices payable and purchasing card transactions
as of August 8, 2018.
August 28, 2018
a) Recommendation that the Board of County Commissioners,
acting as the Community Redevelopment Agency Board
(CRAB), approve an amendment to Contract #17-7050 in the
amount of $49,555 to complete additional planning services
related to the Bayshore Gateway Triangle CRA Redevelopment
Plan Update and authorize the Chair to execute the amendment.
b) Recommendation to approve and authorize the Chair to execute
Contract No. 17-7213, “Design and Related Services for
Goodland Drive Rehabilitation Project” in the amount of
$347,723.00 between Collier County and Q. Grady Minor &
Associates, P.A., (Project No. 60200).
Page 21
September 11, 2018
C) Recommendation to approve a Standard Grant Agreement
with the Florida Department of Environmental Protection to
provide Red Tide cleanup services to Collier County’s Beaches
and Inland Waterways under the State of Florida’s Executive
Order 18-221, authorize Amendments to the existing contract
Agreements for CrowderGulf Joint Venture, Inc. and AshBritt
Inc. to provide Inland waterways fish cleanup and approve all
necessary budget amendments. (Project No. 33584)
d) Recommendation to award Invitation to Bid No. 18-7391
HVAC Modifications to North Collier Regional Water
Treatment Plant to Cedars Electro-Mechanical, Inc., in the
amount of #$217,000 (Project 70118), authorize the necessary
budget amendment of $217,000 and authorize the Chairman to
execute the contract.
e) Recommendation to authorize a budget amendment in the
amount of $224,000 transferring funds between cost centers and
line items within the Mandatory Residential Solid Waste Fund
(473) to cover higher than anticipated expenses for cart
replacements and Hurricane Irma related waste disposal.
f) Recommendation to approve the 2018 Annual Progress Report
of the Collier County Transit Development Plan (TDP) through
a TDP minor update and authorize its submission to the Florida
Department of Transportation (FDOT).
g) Recommendation to approve the administrative report prepared
by the Procurement Services Division for disposal of property
and notification of revenue disbursement.
h) Recommendation to approve the Administrative Reports
prepared by the Procurement Services Division for change
orders and other contractual modifications requiring Board
approval.
i) Report to the Board regarding the investment of County funds
as of the quarter ended June 30, 2018.
Page 22
September 11, 2018
j) 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 August 2
and August 15, 2018 pursuant to Florida Statute 136.06.
k) Request that the Board approve and determine valid public
purpose for invoices payable and purchasing card transactions
as of August 22, 2018.
l) Recommendation to authorize legal action, up to and including
the filing of suit against the County’s property insurance
carriers and insurance broker, to pursue partial reimbursement
of the costs incurred for the debris removal from roadways and
medians, due to Hurricane Irma.
2) Recommendation to use Tourist Development Tax Promotion Funds
to support the upcoming October 2018 Sports Tourism Event up to
$7,350 and make a finding that this expenditure promotes tourism.
3) Recommendation to use Tourist Development Tax Promotion Funds
to support an additional October 2018 Sports Tourism Event, up to
$4,500, and make a finding that this expenditure promotes tourism.
4) Recommendation to approve and authorize the Chairman to execute
Tourist Development Tax Grant Agreements for FY2019 for
Marketing and Event Grants ($120,000) and Non-County
Owned/Operated Museums Grants ($722,321) and make a finding that
this action promotes tourism.
5) Recommendation to approve an amendment to the 2017 Tourism
Agreement with Friends of the Fakahatchee, Inc. (FOF) to extend the
term 90 days to December 29, 2018, carry forward the funding to
FY2019, and make a finding that this project promotes tourism.
6) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively.
Page 23
September 11, 2018
7) Recommendation to authorize budget amendments appropriating
approximately $530,027,210 of unspent FY2018 grant and project
budgets into FY2019.
8) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the FY2017-18 Adopted Budget.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve a budget amendment recognizing Albert
Network Monitoring Solution Grant funds in the amount of
$15,425.69.
2) Recommendation to approve a budget amendment recognizing
Elections Security Grant funds under the Help America Vote Act in
the amount of $261,657.34.
3) Recommendation to provide after the fact approval to designate the
Sheriff as the official applicant and point of contact for the U.S.
Department of Justice, COPS School Violence Prevention Program
Grant (SVPP) FY2018. Authorize the acceptance of the grant when
awarded, authorize associated budget amendments and approve the
Collier County Sheriff’s Office to receive and expend 2018 SVPP
grant funds.
4) Recommendation to authorize a budget amendment re-appropriating
$762,578.46 from Sheriff Access Management Projects Project
(#50159) to the Records Management Project (#53011) for the
completion of the Computer-Aided Dispatch (CAD) Project.
5) Recommendation to authorize a budget amendment from the Sheriff’s
Page 24
September 11, 2018
Second Dollar Training Fund 608 in the amount of $115,000.
6) Recommendation to provide after the fact 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 Edward Byrne Memorial Justice Assistance Grant (JAG)
FY18 Local Standard grant; 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 JAG
Standard grant funds.
7) 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 StoneCreek
subdivision.
8) Recommendation to authorize the County Attorney to advertise an
ordinance repealing Ordinance No. 76-24 (Gain Time for Prisoners) in
order to adopt, by resolution, a revised policy of authorizing gain time
for County prisoners pursuant to Section 951.21, Florida Statutes.
9) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of September
5, 2018.
10) 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 August 16 and August 29, 2018 pursuant to Florida
Statute 136.06.
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment in the
amount of $33,000 for Parcel 234RDUE, plus $9,000 for statutory
attorney fees and costs, in the lawsuit styled Collier County v. Arabel
Subiaut, et al, Case No. 14-CA-2762, required for the Golden Gate
Boulevard Expansion Project No. 60040. (Fiscal Impact: $38,500)
Page 25
September 11, 2018
2) Recommendation to approve the Second Amendment to Agreement
for Legal Services relating to Retention Agreement Nabors, Giblin &
Nickerson P.A. extending the expiration date to November 17, 2021.
There is no new fiscal impact associated with this Amendment.
3) Recommendation to approve the attached Amendment with
LexisNexis to provide online legal research services to the County
Attorney’s office and authorize the County Attorney to sign the
Amendment.
4) Recommendation that the Board of County Commissioners approve
Addendum Number 2 to the Recodification Agreement dated
September 22, 1992 with Municipal Code Corporation to provide for
an annual Administrative Support Fee of $500.
5) Recommendation to appoint a member to the Collier County Citizen
Corps.
6) Recommendation to reappoint an alternate member as a regular
member on the Code Enforcement Board.
7) Recommendation to authorize the County Attorney to opt the County
in as a party plaintiff, in the class-action lawsuit styled Kane County,
Utah v. United States, Case Nos. 17-739C and 17-1991C
(Consolidated), to recover a large portion of the $53,117
(approximately $35,058, after offset for attorney fees and litigation
expenses) that was not paid to the County for fiscal years 2015-2017,
pursuant to the Payments in Lieu of Taxes Act (PILT).
------------------------------------------------------------------------------------------------------------
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
Page 26
September 11, 2018
participants must be sworn in.
------------------------------------------------------------------------------------------------------------
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 Petition VAC-
PL20170004446 to disclaim, renounce and vacate the conservation easement
described in O.R. Book 3635, Page 3683 of the Public Records of Collier
County, Florida. The subject property is located on the south side of
Livingston Woods Lane, just north of the Pine Ridge Road and
Whippoorwill Lane intersection, in Section 7, Township 49 South, Range 26
East, Collier County, Florida.
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 Petition VAC-
PL20180001141, to disclaim, renounce and vacate the County and the public
interest in the 10-foot drainage easement on the north side of the property
and a portion of the 15-foot drainage easement on the south side of the
property, on Lot 35, Collier County Production Park Phase 1-B, as recorded
in Plat Book 15, Pages 7-8 of the public records of Collier County, Florida,
located on the west side of Livingston Road, just south of Exchange Avenue
in Section 36, Township 49 South, Range 25 East, Collier County, Florida.
C. This item requires that 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 approve an
Ordinance amending Ordinance No. 85- 83, an ordinance amending No. 85-
21, which amended No. 77-48, the Lely Barefoot Beach Planned Unit
Development (PUD); by amending Section 10.5.6 maximum building height
for Tract I to increase the height from two habitable floors to three habitable
floors; and by providing an effective date. The subject property known as
Bayfront Gardens is located south of Bonita Beach Road in Section 6,
Township 48 South, Range 25 East in Collier County, Florida.
[PL20170004421]
D. Recommendation to adopt resolutions approving the preliminary assessment
rolls as the final assessment rolls, and adopting same as the non-ad valorem
assessment rolls for purposes of utilizing the uniform method of collection
Page 27
September 11, 2018
pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal
Service Benefit Units, Service District No. I and Service District No. II,
Special Assessment levied against certain residential properties within the
unincorporated area of Collier County, the City of Marco Island, and the
City of Everglades City, pursuant to Collier County Ordinance 2005-54, as
amended. Revenues are anticipated to be $26,219,500.
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2017-18 Adopted Budget.
F. Recommendation to adopt a Resolution expanding the Collier County
Water-Sewer District’s Service Area to coincide with the unincorporated
area permitted by Chapter 2003-353, Laws of Florida.
G. Recommendation to adopt the Annual Assessment Resolution (1) updating
the capital cost and assessments, and (2) adopting the Non-Ad Valorem
Assessment Roll for the Cassena Road Potable Water Municipal Services
Benefit Unit (MSBU) which will provide for connections to the County’s
potable water service to the affected properties.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
September 11, 2018
Page 2
MR. OCHS: Mr. Chair, you have a live mic.
CHAIRMAN SOLIS: Good morning, everyone. Thank you for
being here on September 11th, 2018. It's a day of remembrance, I
think, for everyone here.
And so today we'll begin with something a little special. So
please rise for today's invocation to be given by Pastor Eric Hausler of
Christ the King Presbyterian Church and chaplain at the Collier
County Jail, and then remain standing as the Honor Guard of the
Collier County Sheriff's Office presents the colors and then leads us in
the Pledge of Allegiance and tribute to the lives lost in the terrorist
attack 17 years ago today on September 11th, 2001.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
PASTOR HAUSLER: Before I pray, I want to read from the
Bible, first Timothy, Chapter 2 says what we're doing here is a good
thing to pray for those who rule over us.
It says, "I urge that supplications, prayers, intercessions, and
thanksgivings be made for all people, for kings and all who are in high
positions, that we may lead a peaceful and quiet life, Godly and
dignified in every way. This is good, and it is pleasing in the sight of
God."
Let's ask God's blessing and thank him for his mercy. Let us
pray.
Our gracious heavenly father, we bow before you and we pray to
you on this very memorable day, September 11th. Oh, Lord, we pray
that you would have mercy on all who are gathered here.
We thank you for our Board of County Commissioners and their
staff and all who are in positions of authority here in our county and
September 11, 2018
Page 3
city.
We pray you have mercy on them and give them wisdom that we
might live quiet and peaceful lives here raising our families and living
our lives in this wonderful country of freedom.
We thank you, oh, Lord, for the protection you gave this county
in Hurricane Irma's path, which could have been so much worse, just
one year ago. We thank you that you had mercy on us and that the
flood surge didn't come as was predicted.
We do remember the day 17 years ago when our country was
attacked. We pray for those who are still suffering and grieving, that
you would have mercy on them and comfort them. We do continue to
pray for peace and for protection for this great land.
We remember today those who are in the path of the Hurricane
Florence. Lord, watch over, protect, and guard and keep them, and we
pray that you would turn this storm. We know you are able.
We pray for our country and for this beautiful part of our country
in Southwest Florida, you'd have mercy on us. We pray for our first
responders, our law enforcement personnel, those in the jail who
protect us, and we pray, Father, that you would have mercy on all
those in authority enforcing our laws, that we, again, might live quiet
and peaceful lives.
We ask for your blessing on this meeting, that everything would
be done with faithfulness and also with peace and respect for one
another.
We thank you, oh, Lord, for all your mercies to us and ask for
your blessing on us this day. We pray in Christs' name. Amen.
Item #1B
The Honor Guard of the Collier County Sheriff’s Office – Presented
the Colors and led the Pledge of Allegiance in tribute to the lives lost
September 11, 2018
Page 4
on September 11, 2001.
(The Honor Guard presented the colors, and the Pledge of
Allegiance was recited in unison.)
CHAIRMAN SOLIS: Thank you to the Sheriff's Honor Guard
for being with us today to honor the lives of the civilians and first
responders lost on 9/11 and also the lives of our servicemen and
servicewomen lost in Operation Enduring Freedom in Afghanistan and
Operation Iraqi Freedom.
So, thank you.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) - APPROVED AND/OR ADOPTED
W/CHANGES
MR. OCHS: Good morning, Mr. Chairman and Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners' meeting of September 11, 2018.
The first proposed change is to move Item 17G to become Item
9D on your advertised public hearing items. This is a recommendation
to adopt a non-ad valorem assessment for extension of county water
service to an area in Pine Ridge Estates. That is moved at the staff's
request.
The next proposed change is to move Item 16E6 from the consent
agenda to become Item 11B on the regular agenda. This is a
recommendation to approve a joint purchasing agreement with the
federal and state governments. This is moved at Commissioner
September 11, 2018
Page 5
Taylor's request.
And the last change, Commissioners, I'm going to pull an audible
and ask that we leave on today's consent agenda. We had received a
communication from the mayor of Everglades City last evening
suggesting that there may be a subsequent step here, but I think the
current agreement is flexible enough to handle what we want to do
under this item and deal with his subsequent request at a later board
meeting.
So based on that clarification from the mayor and the staff, I'd
like to just leave 16C11 where it is today, please.
Those are all the changes I have, Mr. Chairman.
CHAIRMAN SOLIS: Okay. Any disclosures, ex parte on the
consent agenda? Commissioner McDaniel.
COMMISSIONER McDANIEL: Only on the -- near as I can tell,
no on the consent.
CHAIRMAN SOLIS: And, Commissioner Fiala, would you like
to say something about this?
COMMISSIONER FIALA: Yes, then I can take them down.
Thank you.
I just wanted you to see these books. We all read all this material
in here. But when we carry a tablet around, you can't see how much
material we have to go through for a meeting, and I just thought the
audience might be interested to see that. This is what it looks like in
written form. That's all. Thank you.
COMMISSIONER McDANIEL: Now you may sit.
CHAIRMAN SOLIS: So any ex parte?
COMMISSIONER FIALA: Yes, I do.
CHAIRMAN SOLIS: On the consent.
COMMISSIONER FIALA: On the consent agenda, I have one
thing that I want to, I think -- I'm looking for it now. I think it was
16B11, and -- no, no ex parte on the --
September 11, 2018
Page 6
COMMISSIONER McDANIEL: How did I end up with this job?
COMMISSIONER FIALA: Because you look like a packhorse?
No.
COMMISSIONER McDANIEL: Strong back, weak mind.
COMMISSIONER FIALA: On 17A -- on the summary agenda,
right?
CHAIRMAN SOLIS: Yes.
COMMISSIONER FIALA: On 17A, this subject is the Pine
Ridge Road/Whippoorrwill Lane subject, and I received emails on
that. And, also, I spoke with members of the team that is putting this
on in the first place. Should I name them or just --
Okay. And then same with the Bayfront Gardens located in
South Bonita Beach, I have nothing on that except that there was a
staff report on that.
16A -- no. I'm sorry, I don't have that. 16, no, not -- no, that's it.
I've got the rest of them on the other agenda. Thank you.
CHAIRMAN SOLIS: Okay. Thank you.
COMMISSIONER FIALA: Thank you for putting up with me.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: Nothing on consent and nothing
to declare. 8A and 9B I'll declare at the time.
CHAIRMAN SOLIS: Commissioner Saunders?
COMMISSIONER SAUNDERS: I have no disclosure on the
consent agenda and no changes to the agenda.
CHAIRMAN SOLIS: Okay. Is there a motion to approve the
consent agenda?
COMMISSIONER McDANIEL: So moved.
MR. OCHS: Mr. Chairman?
MR. MILLER: Mr. Chairman, I have a speaker on a summary
agenda item.
CHAIRMAN SOLIS: Yes, sir.
September 11, 2018
Page 7
MR. MILLER: Item 17F, Martha McKee. Ms. McKee.
MR. OCHS: Commissioners, 17F, for the record, is a
recommendation to adopt a resolution expanding the Collier County
Water/Sewer District service area to coincidence with the
unincorporated area per Florida Statute.
MS. McKEE: Good morning. Thank you for hearing me out
today.
My name is Martha McKee. I live in Golden Gate Estates. I
don't have to tell you what a unique area that is. It's rural, and it's
affordable. And when we perceive a threat to our area, we react to it.
But there was a misunderstanding over Item 17D -- 17F, rather,
and I really think that we need to be careful, you guys need to be
careful. I know you don't do this specifically, but whoever puts out
these public notices needs to be aware that sometimes the language can
incite misunderstanding, and in this case it did, because it talked about
moving sewer and water to the unincorporated areas, and we in the
Estates reacted to that.
After I spoke with Mr. McDaniel's office, I realized that it was for
specific areas only. If that had been in the original notice, it would
have alleviated a lot of confusion and misunderstanding, and the
nerves were raw from the stormwater fee.
I taught English for 40 years, and this notice fails the clarity test.
It's just not clear. Had it been clear and specific, no one would have
overreacted to this.
Again, thank you, Mr. McDaniel's office, for clarification, but it
was a red flag. And when you wave a red flag in front of a bull, it's
hard to stop the bull.
We appreciate -- I appreciate the work that you do. You have a
huge job to do, and I understand that, but we're very protective of the
Estates, and clear understanding of what's going on is so, so important.
We're happy with our Publix and our CVS, but we don't mind
September 11, 2018
Page 8
driving a few miles to get to a strip mall.
The changes in the road, I don't -- I'm getting a bridge at the end
of my road. I don't want it. I don't want the extra traffic, but I
understand the need for safety and the greater good.
So information is so important. And if anything has come out of
the last week or so -- the couple of weeks, it's been this: We have
learned a path to your door. We're more aware, and we want to be
more informed.
Thank you.
MR. MILLER: That is all, sir.
CHAIRMAN SOLIS: Do we have a motion to approve the
consent and summary agenda?
COMMISSIONER McDANIEL: Already did it.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER McDANIEL: We already did it.
CHAIRMAN SOLIS: You did?
Okay. There's a second?
COMMISSIONER TAYLOR: Second.
COMMISSIONER FIALA: I just wanted to say, before we vote,
on 16D19 I will be voting no on that.
CHAIRMAN SOLIS: Okay. And I may have been remiss, but I
have nothing to declare on the consent agenda and summary agenda
either, so.
There is 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.)
September 11, 2018
Page 9
CHAIRMAN SOLIS: It's approved.
Proposed Agenda Changes
Board of County Commissioners Meeting
September 11, 2018
Move Item 17G to Item 9D: Recommendation to adopt the Annual Assessment Resolution (1)
updating the capital cost and assessments, and (2) adopting the Non-Ad Valorem Assessment Roll
for the Cassena Road Potable Water Municipal Services Benefit Unit (MSBU) which will provide
for connections to the County’s potable water service to the affected properties. (Staff’s request)
Move Item 16E6 to Item 11B: Recommendation to authorize the Procurement Services Director to
procure goods or services from vendors who have been awarded a contract as a result of a
competitive selection process by a federal, state or municipal government, or any other
governmental agency, political subdivision, or government-related association or a purchasing
cooperative provided that the originating entity utilized a competitive process similar to Collier
County’s and authorize the County Manager or designee to sign agreements associated with these
purchases. (Commissioner Taylor’s request)
Withdraw Item 16C11: Recommendation to provide technical assistance to Everglades City
as the City’s consultant regarding management of the Everglades City Utility System in
accordance with the Technical Assistance Interlocal Agreement between the County, the Collier
County Water-Sewer District, and the City of Everglades City as approved by the Board of
County Commissioners on December 12, 2017, agenda item 11E. (Staff’s request)
9/26/2018 4:57 PM
September 11, 2018
Page 10
Item #2B, #2C and #2D
APPROVAL OF THE JUNE 21, 2018 – BCC/BUDGET
WORKSHOP MEETING MINUTES; JUNE 26, 2018 –
BCC/REGULAR MEETING MINUTES AND THE JULY 10, 2018 –
BCC/REGULAR MEETING MINUTES – APPROVED AS
PRESENTED
MR. OCHS: Mr. Chairman, Items 2A1, 2, and 3 are approval of
the June 21st, 2018, BCC budget workshop meeting minutes; the June
26th, 2018, BCC regular meeting minutes; and the July 10th, 2018,
BCC regular meeting minutes.
CHAIRMAN SOLIS: Is there a motion to approve?
COMMISSIONER TAYLOR: So moved.
COMMISSIONER SAUNDERS: 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: Minutes are approved.
Item #3D1
AWARDS AND RECOGNITION – EMPLOYEE OF THE MONTH
– PRESENTED
September 11, 2018
Page 11
MR. OCHS: That takes us to Item 3D1 on today's agenda. This
is a recommendation to recognize Duane Neil, Senior Programmer
Analyst, Engineering and Project Management, with our Public
Utilities Department, as the July 2018 Employee of the Month.
Duane, if you'd please step forward and receive your award.
(Applause.)
CHAIRMAN SOLIS: I'm going to fist bump everybody since
I've got the bug.
MR. OCHS: Duane, stand there and get a picture. I'll tell the
audience about you. Back up a little bit. There you go.
CHAIRMAN SOLIS: Back up.
MR. OCHS: There you go. Stay there.
Commissioners, Duane's been with our Public Utilities
Department since 2012 working in our system's engineering division.
He's distinguished himself throughout his career with Public Utilities
as a knowledgeable and highly skilled resource in the management and
support of our supervisory control and data acquisition system. That's
referred to as the acronym SCADA. Those are those antennas you see
at all these pump stations where they are able to electronically monitor
the performance of those systems.
Duane has developed designs for these SCADA systems and has
created a bill of materials, procured equipment, and installed the
equipment, all of it at two of our largest wastewater plants. He's also
taken the initiative to create custom reports from our SCADA data
located in our servers, and these reports help our water reuse and our
wastewater engineers in their permit reporting as well as managing the
systems to operate more efficiently.
These are just a few of the reasons that Duane is so deserving of
this award. And it's my honor, Commissioners, to present Duane Neil
as your July 2018 Employee of the Month.
Congratulations, Duane.
September 11, 2018
Page 12
(Applause.)
Item #4A
PROCLAMATION DESIGNATING SEPTEMBER 13, 2018 AS
HUNGER ACTION DAY IN COLLIER COUNTY. ACCEPTED
BY MIRIAM PEREIRA, DIRECTOR OF DEVELOPMENT,
HARRY CHAPIN FOOD BANK
MR. OCHS: Mr. Chairman, that moves you to Item 4,
proclamations.
Item 4A is a proclamation designating September 13, 2018, as
Hunger Action Day in Collier County. To be accepted by Miriam
Pereira, Director of Development with Harry Chapin Food Bank. If
you'd please step forward and receive your proclamation.
(Applause.)
CHAIRMAN SOLIS: In the middle. There you go.
MS. PEREIRA: Thank you.
MR. OCHS: Congratulations.
(Applause.)
MS. PEREIRA: I just wanted to thank you all very much for
supporting the work of the Harry Chapin Food Bank in Collier County
and helping us feed our neighbors in need. You-all were -- have
always been very supportive of the food bank and our work to help
feed working poor families and children and seniors in our community.
So thank you very much.
(Applause.)
COMMISSIONER TAYLOR: This was in the paper today. This
is in the Naples Daily News. This is the day or the week after
Hurricane Irma where folks are lining up to be fed from the Harry
Chapin Food Bank.
September 11, 2018
Page 13
MR. OCHS: Well done.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR SEPTEMBER 2018 TO DRIFTWOOD
GARDEN CENTER & FLORIST. ACCEPTED BY CRAIG
HAZELETT, OWNER, AND HIS FAMILY. ALSO ATTENDING
IS BETHANY SAWYER FROM THE GREATER NAPLES
CHAMBER OF COMMERCE – PRESENTED
MR. OCHS: That moves us to Item 5A. This is a presentation of
the Collier County Business of the Month for September 2018 to
Driftwood Garden Center and Florist. To be accepted by Craig
Hazlett, Owner, and his family. Also attending is Bethany Sawyer
from the Greater Naples Chamber of Commerce. If you'd please step
forward.
(Applause.)
MR. OCHS: Congratulations.
CHAIRMAN SOLIS: I'm not shaking hands today. I've got the
cold. Thank you.
(Applause.)
MR. HAZLETT: I just want to thank the Board of County
Commissioners for taking time out of their busy schedule to recognize
us and Bethany and the Greater Naples Chamber of Commerce as well.
It's actually my parents and my brother and brother-in-law and I
that run the family business. It started 34 years ago with my parents
and a handful of people -- employees, I should say, and now we're up,
between our two locations, of over 100 employees.
And we're just blessed and thankful for the Naples community.
We love our area that we're in. It's only -- we're in just such a paradise
September 11, 2018
Page 14
here, and we're grateful to give back to the community in any way that
we can and enjoy our opportunities to work with the chamber. So
thank you again for your time.
(Applause.)
CHAIRMAN SOLIS: Wonderful place.
COMMISSIONER FIALA: It is.
COMMISSIONER TAYLOR: What's on sale this week? You
had orchids a week ago or something, right?
MR. HAZLETT: Yeah. There were orchids. Last week was
firebush. I'm not sure what the plant of the week is. But we always
have good things.
COMMISSIONER TAYLOR: Thank you.
Item #5B
PRESENTATION OF THE FLORIDA DEPARTMENT OF
HEALTH’S 2018 HEALTHY COMMUNITY CHAMPIONS
AWARD TO THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS. PRESENTED BY STEPHANIE VICK,
ADMINISTRATOR, FLORIDA DEPARTMENT OF HEALTH IN
COLLIER COUNTY ALONG WITH HER STAFF REGGIE
WILSON AND JENNIFER GOMEZ. JOINING COUNTY
COMMISSIONERS IN ACCEPTING THE AWARD ARE DR.
ALLEN WEISS; BLUE ZONES PROJECT REPRESENTATIVES
DEB LOGAN, JESSICA CRANE AND RAE WOODS; AND
COLLIER COUNTY GOVERNMENT REPRESENTATIVES LEN
GOLDEN PRICE, JEFF WALKER AND KAREN EASTMAN –
PRESENTED
MR. OCHS: Item 5B is a presentation of the Florida Department
of Health's 2018 Healthy Community Champions Award to the Collier
September 11, 2018
Page 15
County Board of County Commissioners. To be presented by
Stephanie Vick, administrator, Florida Department of Health in Collier
County, along with her staff Reggie Wilson and Jennifer Gomez. Also
joining in today's presentation are Dr. Allen Weiss, Blue Zone's project
representative Deb Logan, Jessica Crane, and Ray Woods, and Collier
County Government representative Len Golden Price, Jeff Walker, and
Karen Eastman. If you'd all step forward and be recognized.
(Applause.)
MS. VICK: Good morning.
COMMISSIONER TAYLOR: Good morning.
CHAIRMAN SOLIS: Thank you very much.
I'm trying to keep everybody healthy, so I'm not shaking hands
today. How's that? Yeah, I got the thing, so I'm trying to keep
everybody healthy.
COMMISSIONER McDANIEL: How come your finger's in
front of the lens? She moved.
MR. WILSON: Good morning. I'm Reggie Wilson, the Healthy
Communities Coordinator at the Florida Department of Health in
Collier County. With me here is Stephanie Vick, the Administrator of
the Department of Health in Collier County, and Jennifer Gomez, the
DOA Director of Community Health Promotions.
Today we are honored to recognize Collier County as a healthy
community champion. This state Surgeon General and Department of
Health award recognizes governments who develop policies and
environments to improve the health of their communities.
With us today are our partners: Deb Logan, Jessica Crane, Ray
Woods with the Blue Zones project; Dr. Weiss for NCH; Karen
Eastman, Jess Walker, and Len Price from Collier County representing
the collaborative effort that makes this great work possible.
It's impossible to overstate the county's contribution to the highest
Gallup Well-being Index metro area scores for a third straight year.
September 11, 2018
Page 16
The healthiest and happiest place to live in America has some of
the most robust community partnerships protecting, promoting, and
improving the health of its residents.
As one of 46 Florida communities recognized, Collier County has
nearly 30 state-recognized best practices for public health in all
policies. These policies influence residents' physical, nutritional, and
mental health by providing access to physical activity, healthy,
affordable, and culturally appropriate foods, and healthcare.
I'd like to highlight Collier County's work with their metropolitan
planning organization, transportation and planning sections, and
Community Redevelopment agencies to identify opportunities to
improve the safety and health of pedestrians in our county.
Allocating Community Development Block Grant funds to the
Immokalee CRA supports efforts like the sidewalk project, which
encourages active lifestyles by making it easier and safer for
pedestrians to move naturally throughout the community. Earlier this
year Collier County also received the $13 million federal TIGER grant
for planned transportation improvements in Immokalee.
For all your excellent work and continued support in making the
healthy choice easier to access, we are proud to present the Board of
County Commissioners with this 2018 Healthy Community Champion
recognition certificate.
Thank you.
MS. VICK: Don't forget, get your flu shot.
CHAIRMAN SOLIS: Should have reminded me a couple of
days ago.
MR. OCHS: They don't work retroactive.
CHAIRMAN SOLIS: Right, they don't work retroactively.
COMMISSIONER TAYLOR: So the burning questions is,
County Manager, when is our exercise area becoming ready for use?
MR. OCHS: Soon. Hopefully by end of the year, January, that
September 11, 2018
Page 17
time frame.
COMMISSIONER TAYLOR: Good.
MR. OCHS: We look forward to it. We'll let you know as soon
as we're ready. Thank you.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, 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 five registered speakers for
this item. Your first speaker is Garrett Beyrent. He will be followed
by Jason Shook.
COMMISSIONER McDANIEL: What kind of prizes he's
bringing us today? Another prize?
CHAIRMAN SOLIS: This is quite the trophy, complete with
duct tape and everything.
MR. BEYRENT: That's right.
CHAIRMAN SOLIS: I'll set it right here.
MR. BEYRENT: This is the second time -- for the record, I'm
Garrett Beyrent.
I went over to award Commissioner Solis a trophy over at the
Orange Blossom library. He was the only guy there, and three
policemen, right? And I brought him the trophy because -- on the
bottom it says why I'm giving him the trophy. Basically, he believes
that the jail is full of people that need to be in institutions for medical,
social, actually --
CHAIRMAN SOLIS: Mental health.
September 11, 2018
Page 18
MR. BEYRENT: DLC, right. And jail is not a place for people
that have mental illness. DLC is, so -- and, unfortunately, then I
realized I can't give him an award that costs over $7, so -- and I
thought, well, where am I going to get a really cheap award?
CHAIRMAN SOLIS: Four dollars.
COMMISSIONER McDANIEL: Four dollars.
MR. BEYRENT: Four dollars? You reduced it. Okay. Well.
CHAIRMAN SOLIS: You've got to take this part off?
MR. BEYRENT: Yes, you do. No, seriously, I actually went -- I
said, where am I going to get an award for $7? I thought it was $7, so I
went to Allen Weiss' thrift store, which I call the White Elephant, and I
got that big trophy for $2. I left the sticker on it, right. Then I thought,
now I've got to spend another $5 to make it $7. So I went to the
Goodwill, and I found -- Solis is solar, right? And that's the sun God
of the Aztec nation, and you're actually -- your grandfather was from
Cuba. Uh-huh, right?
And bottom line is that was $5, the Aztec sun god, so I taped it to
the top of your $2, and I rounded it out to an even $7, so -- and it's
heavy. You can disconnect it now.
But I rode the bus here. I broke off the top of it. When I was
trying to load my bicycle to the front of the CAT bus, I dropped the
statue.
So anyhow, long and short is the serious subject really is, if you
read the bottom of the trophy, that's actually taken out of the Naples
Daily Newspaper. It's not fake news. It says, essentially, that
Commissioner Solis is supporting a logical use to our facilities.
CHAIRMAN SOLIS: Do you want me to read it?
MR. BEYRENT: Yeah, go ahead. Read it.
CHAIRMAN SOLIS: It's a quote from the newspaper that says,
"A jail is not a mental-health facility. We just don't seem to do
anything about it other than shake our heads. There's nothing
September 11, 2018
Page 19
preventing," referring to the shooting in Lee County, "like that
happening here." That's what I said.
MR. BEYRENT: And I still voted for Brad. I don't know what's
the matter with me.
Thank you very much. That's three minutes, right?
CHAIRMAN SOLIS: That's it.
MR. BEYRENT: Four dollars? Four dollars.
CHAIRMAN SOLIS: Four dollars.
MR. BEYRENT: Geez.
COMMISSIONER McDANIEL: And we'll waive the --
MR. BEYRENT: Give me a break.
CHAIRMAN SOLIS: You'll have to modify it then.
MR. BEYRENT: Yes. That would be nice. Keep the top.
Throw the rest away.
COMMISSIONER McDANIEL: The ethics complaint, we won't
file one. So we'll let it ride. It's all subjective valuation anyway.
MR. MILLER: Mr. Chairman, I regret to inform you I made an
error already today. Jason Shook wanted to cede his time to Robert
Popoff, who is your next speaker. Robert Popoff.
MR. POPOFF: Which side?
MR. MILLER: Either side, sir. He's also been ceded additional
time from Alex Popoff. Is Alex Popoff present? Thank you. He will
be followed by Michael -- or he will be followed by Michael Lloyd.
CHAIRMAN SOLIS: Just one last thing. Thank you, Garrett.
It's my first award, so I appreciate that. That's enough, though.
MR. POPOFF: That was brilliant.
Chairperson Solis, Commissioner Fiala, nice to see you, Mr.
McDaniel, Ms. Taylor, and Mr. Saunders, pleasure to have you -- our
pleasure to be here. Thank you. Thank you for having me.
Although people have ceded their time for me, I assure you I will
be no more than four minutes. I'm here to speak about a topic that
September 11, 2018
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many of us in Collier County and the state of Florida and United States
and even worldwide are very passionate about.
I'm going to cover a few key points regarding the Florida
Legislation with respect to medical cannabis, some facts and statistics
regarding -- and moving forward with dispensaries in Collier County.
As you are aware, the vote to pass Amendment II to legalize
medical marijuana passed by a supermajority of 71 percent in the state
of Florida; 71 percent.
Oh, no. Okay. I brought backup just in case technology doesn't
work.
So that was a statewide pass, and 65 percent in Collier County
voted to make medical marijuana legal for patients in need of an
alternative to a myriad of very dangerous overprescribed meds, some
addictive drugs like opioids and benzodiazepine. It's truly a travesty
and, frankly, embarrassing for us Floridians that Florida's already spent
over 1.9 million in legal expenses, and the office of medical marijuana
has requested several additional million dollars out of session because
their expenses -- their legal expenses were too high.
And it seems to me I've heard that these are the people you're
waiting to give you guidance regarding dispensaries in Collier County.
Thank you, Commissioner.
Medical cannabis has a place in healthcare. We all know that. I
don't think anyone in this room would deny that. I've seen it firsthand,
as my son is a disabled veteran. He was prescribed a cocktail of
dangerous prescription medications, some of which contraindicated
each other. His life has changed for the better because of medical
cannabis.
I'm not suggesting that marijuana is a cure-all, but it can
effectively treat maladies and ease the pain and challenges ranging
from both Crohn's disease, seizure disorders, Parkinson's, cancer, and
PTSD.
September 11, 2018
Page 21
We should be forging therapeutic partnerships with these
dispensaries, not alienating them. Truth is, marijuana's going to
become more and more mainstream whether we like it or not, and most
definitely it's going to outlive Attorney General Jeff Sessions, this
county, and everyone in this room. As such, you have an opportunity
to lead the way of postponing meaningful discussion and voting at
six-month intervals for someone to direct you.
There's a difference between delaying a vote. And I've sat behind
that dais, among others, as you know. I know it's not easy. But
delaying positive action to just kick the can to further procrastinate the
vote is unacceptable.
You've already been given all the directions you need regarding
this. Look to Fort Myers where there's only two dispensaries and a
highly populated City of Orlando that only has five dispensaries. Have
each of you -- I don't expect an answer, but have each of you visited a
dispensary? Have you spoke with family and friends who benefit from
cannabis and would benefit from conveniently located dispensaries in
Collier County? If you haven't been to a dispensary, I feel you'd be
pleasantly surprised how professionally they're run.
I feel, I suspect even, that you'd be likely to run into someone you
know in the waiting room. Perhaps your neighbor's made a trip from
Collier to Lee to obtain their meds to alleviate the horrible side effects
of chemotherapy. You may see a young child there, one who played
on a flag football team I coach with my daughter who's there to pick up
her meds with her parents for seizure disorders, or the person sitting
next to you may be a veteran waiting to get their meds to treat
Parkinson's or PTSD.
The dispensaries are filled with your constituents. They are the
65 percent.
Also noteworthy, many cannot make it to the dispensaries and
rely on an inconsistent and undeliverable dispensary delivery program.
September 11, 2018
Page 22
Commissioner Saunders, I, too, am too late for the flu shot.
You've been voted into office to make the difficult decisions,
which you've all done, not to overthink them or continue to continually
delay them. Listen to your constituents and make a decision. Collier
County has a large population of veterans and elderly. If we say we
care for them, let's show them.
We cannot let irrational fear of recreational adult use marijuana,
which exists anyway, prohibit the medical dispensaries from becoming
allowed.
I humbly ask you to keep an open mind. We were socialized with
an archaic reefer madness mentality. Please look at the facts and take
away any preconceived notions of what dispensaries would bring to
Naples. Dispensaries would bring convenience to those who are
suffering, as delivery is not a viable option in many cases. And a
dispensary or two in Naples would show that you are listening to your
voters.
As former chairman of Marco Island City Council and having sat
on numerous boards throughout Collier County, I understand you want
to do the right thing. You've indicated that in previous meetings, that
you want to educate yourself and look to the state for direction. Have
you done your due diligence?
Certainly, the state will not be providing any more guidance. The
state has their own issues, as they are subject to the subject of
numerous lawsuits regarding their inaction and misinterpretation of
this legislation.
As Benjamin Franklin said, those who would give you essential
liberty to purchase a little temporary safety deserve neither liberty nor
safety. I understand and to a degree applaud you for taking baby steps,
but I also ask you to look at the broader picture. People, your
constituents, are suffering and being unnecessarily inconvenienced
simply for what you perceive to be an extra ounce of safety, yet your
September 11, 2018
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interpretation is misplaced. By banning dispensaries, you are taking
away patients' essential liberty and creating barriers to access solely to
provide a false feeling of safety. Excuse me.
Ironically, dispensaries are innocuous and a lesser risk than the
pharmacies dispensing opioids on every corner. In fact, according to
numerous studies, which have already been provided to you, the liberal
allowance of medical marijuana dispensaries directly relate to a
decrease in opioid use and prescriptions.
Collier County has the ability and need to allow dispensaries.
This doesn't mean a dispensary on every corner. This means one or
two.
This commission has spoken and will continue to speak until
dispensaries are allowed. You can only prevent the inevitable so long.
Where is the logic? And more so, where is the compassion? With
proper education, oversight, regulation, and a control wage forward,
this commission has the ability to benefit so many in need.
Thank you so much for your time.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN SOLIS: Yes.
COMMISSIONER SAUNDERS: If I could make a quick
comment in reference to that. When this issue came up, I believe in
the spring, we directed staff to bring this back in six months. I'm not
sure when that six months is. I believe it will probably be October,
maybe November.
MR. KLATZKOW: It's coming back. I mean, we've prepared
the executive summary. I'm not sure if it's the next meeting or the
following meeting, but --
COMMISSIONER SAUNDERS: I just wanted the speaker and
the folks that are here on that issue to understand that the issue is
coming back.
I do not believe we will get any further guidance from the State of
September 11, 2018
Page 24
Florida. They've had a couple years to answer questions that many
cities and many counties have asked. Their response has been a
deafening silence, and I think that's going to continue to be the case.
So this issue's going to come back in October. There will be a
vote. I don't know if it will pass or not, but there will be a vote on the
issue rather quickly.
COMMISSIONER McDANIEL: Just -- oh, I've got to hit my
little button.
CHAIRMAN SOLIS: Hit your button.
COMMISSIONER McDANIEL: How'd it work? Did it work?
CHAIRMAN SOLIS: Yes.
COMMISSIONER McDANIEL: Just so you know,
Commissioner Saunders, I have been working on this issue. As you
know, I've regularly supported allowance of the dispensaries and the
like all along.
I actually went and met with our state representative three weeks
ago and have suggested some language changes to the current statute
because I feel it compromises what the electorate, in fact, voted for.
And one of the suggestions that I made was the statutory preemption,
because basically the way they wrote the statute was you will either
ban them or do the way -- do them -- allow them the way we say. And
I made a suggestion that they set those statutory preemptions, as
opposed to impositions as to where they have to be, as the minimum to
allow, then, local municipalities the right to -- because it's our -- that's
part of our job is to protect our citizenry and the like.
So to adjust that language to set those statutory preemptions as
the minimum, and then if we chose to allow for dispensaries, limit the
number, the locations, you know, a thousand feet from a school or
church in lieu of 500 feet and the like, then when we could allow for
those things and still accommodate the electorate with regard to the
constitutional amendment so -- and that met with positive head nods.
September 11, 2018
Page 25
We've still got to get it through the legislation and the like.
And when I come forward with the language, I'll be happy to
share it with you just so, if you're of like mind, you can help me
support that.
COMMISSIONER SAUNDERS: Mr. Chairman, just another
quick comment. There are dispensaries in Lee County. I understand
that you cannot go into a dispensary unless you have a prescription.
They're very highly controlled; however, perhaps one of our staff folks
can make arrangements to visit one of the dispensaries.
I'm sure that -- if you're going there as an official just to see how
they operate, I'm sure that you can make some arrangements to get into
one of them. So I'm kind of looking at the County Attorney.
I would like to have at least some understanding of how they
operate. And I will tell you, just full disclosure, I did visit a dispensary
in Colorado a couple years ago. It was not -- it wasn't recreation
marijuana. It was a medical dispensary, and I could not get in. But I
was curious as to how they operated. But they are -- from what I saw,
they're very secure, and they are very careful about who they let into
those facilities.
So I don't know if someone from our staff can make a -- pay a
visit, see what they look like, maybe give us a picture of what they
look like from the outside, but let's have a little bit more information
available to the County Commission when this comes back in October.
MR. OCHS: Yes, sir.
MR. MILLER: Mr. Chairman, I had one final speaker registered
for public comment. Michael Lloyd.
MR. LLOYD: Hi. Good morning, everyone. Good morning,
Commissioners. I'm Michael Lloyd. I am the Postmaster here in
Naples, Florida.
I wanted to introduce myself to you-all, put a face with a name. I
try to visit meetings in the county. So I represent many of your ZIP
September 11, 2018
Page 26
codes, and I just wanted to kind of say hi to you-all. Good morning.
I'm new to Naples. I'm an East Coast guy in Florida, they call it.
But, more importantly, I've been here a few months, and I'm just
getting an opportunity to meet the people in the community.
We're all public servants. I am a public servant. So I just want to
make sure that we know who each other are, and we can work together
for any of your concerns.
So that's all I have for you. I just want to say good morning and
thank you for your time and thank you for the hard work that you-all
do in this county. It's a beautiful county, and I appreciate all that you
do for it, all right. Thank you. That's all I have. Thank you.
COMMISSIONER FIALA: Can I just say something?
CHAIRMAN SOLIS: Yes.
MR. LLOYD: Yes, ma'am.
COMMISSIONER FIALA: Mr. Lloyd, thank you so much for
coming. I believe that this is the first time I've ever met a postmaster
before. You go into the post office, but the doors are always locked,
and you can't really, you know, find anybody there, and it's hard to get
ahold of them telephonically. So it was wonderful that you actually
initiated this to come out and meet with us, because, occasionally, we
have requests of the post office. Like, for instance, they want an extra
post office or something like that, but we didn't know how to get ahold
of anybody, so thanks for being here.
COMMISSIONER McDANIEL: There he is.
MR. LLOYD: Well, I'm the new sheriff in town, so if it helps,
you can reach me at my office or email me. Email is the best way to
go. And my staff has reached out to all of you, so I do appreciate it.
Thank you very much. Have a great afternoon.
MR. MILLER: That was your final registered speaker for public
comment.
September 11, 2018
Page 27
Item #8A
RESOLUTION 2018-153: 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) – ADOPTED
MR. OCHS: Mr. Chairman, that takes us to your Board of
Zoning Appeals, Item 8A. This item has been continued from the July
10th, 2018, BCC meeting. This item also requires ex parte disclosure
be provided by commission members, and all participants are required
to be sworn in.
And it's a 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 continuous -- excuse me --
contiguous lot zoned residential single-family RSF4, 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.
Ex parte, sir.
CHAIRMAN SOLIS: Ex parte, Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I've had meetings and
emails regarding this subject.
COMMISSIONER FIALA: Yes. I've had emails. I haven't
actually met with anybody, but I've gotten quite a few emails.
CHAIRMAN SOLIS: Okay. I've actually met with Josh Fruth --
September 11, 2018
Page 28
Fruth, okay, from Davidson Engineering, and I received several emails
from a Mr. Brown and Ms. Gill and others.
COMMISSIONER TAYLOR: I've had meetings, more than one,
with the petitioner and then with Mr. Fruth. I've had telephone calls,
emails from the residents around there going back to December of
2018 (sic).
COMMISSIONER SAUNDERS: And I've had meetings with
representatives of the petitioner, the engineering firm, and others.
CHAIRMAN SOLIS: You need to swear the witness or
anything?
MR. OCHS: Yes, sir. Anyone who's going to give testimony, if
you'd please rise.
(The speakers were duly sworn and indicated in the affirmative.)
MS. WEAVER: Good morning, Commissioners. My name is
Anna Weaver. I'm a senior planner with Davidson Engineering. I
have here Josh Fruth, Jenna Woodward, Jessica Haroldson, also with
Davidson, and our Traffic Consultant, Norm Trebilcock, is also here
with us if we have any questions regarding that.
Today we're presenting the Sandbanks parking exemption that
was continued from the July 10th commission hearing. The property is
located at 3126 Tamiami Trail North within the Rosemary Heights
subdivision. The area depicted in the red outlines includes the entire
property, including the parking exemption area.
The site is approximately 2.32 acres and is bounded to the north
by Ridge Street and to the south by Rosemary Lane. Thalheimer's
Jewelers is located just north of the project, and Borelli Construction is
just south, as you can see on the screen.
The subject property is surrounded by residential and commercial
zoning, and you can see the City of Naples limits are right here in this
dashed black line.
The site's currently developed with an existing restaurant known
September 11, 2018
Page 29
as Mr. Tequila and also this shopping center that's shown in the photos.
We're proposing to demo the shopping center and build a new
structure, and the restaurant is proposed to stay the same as of today.
The existing conditions of the site include a lot of open-cut
driveway. To the north we've got 212 feet of open driveway, to the
west is 140 feet, and to the south is 147 feet of open driveway, slowing
down traffic on 41.
So we're proposing to completely close off access to U.S. 41.
We've got 25 parking spaces shown in the parking exemption area,
which is also residential zoning. We've got one access to Ridge Street
and one to Rosemary Lane. The loading area will be toward the north
of the site near the restaurant, and the dumpster enclosure is in the
southwest corner.
And all of the landscape buffers will be met with -- included is a
15-foot-wide Type B buffer with an 8-foot wall along the residential
adjacent properties. So here you can see in the yellow outline is the
parking exemption area, and it's within residential zoning.
So here's some just elevations of the landscape buffers that you'll
see. With this development to the west, facing 41 will be a
15-foot-wide Type D buffer with trees and a continuous hedge. To the
south toward Rosemary Lane will be a 10-foot-wide Type D buffer
with trees and a continuous hedge as well. To the east toward the
residential zoning will be a 15-foot-wide Type B buffer with trees,
continuous hedge, and an 8-foot wall, and to the north to Ridge Street
will be a 10-foot-wide Type B buffer with trees and a continuous
hedge.
So now we'll move on to the traffic and parking analysis. The
proposed redevelopment will generate 119 p.m. peak-hour trips, while
the approved development on the site would generate 121 peak-hour
trips. So our proposed redevelopment will actually decrease and is less
intensive.
September 11, 2018
Page 30
So when we talk about the previously approved site plan, this --
it's what you see right here. It was approved in 2009, and it includes a
five-story building with 10,000 square feet of retail and 50,000 square
feet of office. It also included one access to Ridge and one access to
Rosemary and 63 spaces within a parking exemption area.
So a parking exemption has been approved on this site. We're
just proposing a new development plan and, as such, we'll request a
new parking exemption.
Required parking for the site includes shopping center and also
the excess restaurant parking. So total required per the LDC is 103
spaces. We are pursuing an administrative parking reduction of three
spaces, and that approval is contingent upon this parking exemption
approval.
So peak parking demands includes a demand of 94 spaces at 7
p.m. on a weekday and 84 spaces at 1 p.m. on a Saturday. And then
we'll go through real quickly the conditions of approval that were a
part of the June 7th staff report.
So the number one is the associated APR application may not
reduce minimum parking to fewer than 100 spaces.
Number two is limiting the parking exemption area to the lots
defined in the plan.
Number three, the parking exemption area is limited to 25 spaces
and for the uses of shopping center and restaurant only.
Four, limited to the intensity identified on the plan.
Five is that the parking within the parking exemption area will
only be paved.
Six, use of the parking exemption area is limited to the hours of
operation with signs posted. Those hours will be between 7 a.m. and
10 p.m.
And seven, the parking exemption area lighting will be no taller
than 42 inches and limited to 6:30 a.m. to 10:30 p.m.
September 11, 2018
Page 31
Number eight is the C-4 area lighting will be installed with
shielded structure-mounted wall packs and no taller than 10 feet. Also
C-4 area light -- pole lighting will be Dark Skies compliant and
directed away from the residential properties.
Number 10, an 8-foot-tall wall will be provided along adjacent
lots within the 15-foot-wide buffer, which we discussed.
And No. 11 is that no direct access from the adjacent streets will
be into the parking exemption area.
So these conditions and the site plan were unanimously
recommended for approval by the Planning Commission.
And with that, I'll take any questions.
CHAIRMAN SOLIS: Are there any public speakers?
MR. MILLER: No, sir.
CHAIRMAN SOLIS: No public speakers?
MR. MILLER: No, sir.
CHAIRMAN SOLIS: Okay. Any questions?
COMMISSIONER FIALA: I did have questions.
CHAIRMAN SOLIS: Commissioner McDaniel was first.
COMMISSIONER FIALA: Oh, good.
COMMISSIONER McDANIEL: I hit my button.
CHAIRMAN SOLIS: And you're good to go. Your light is
green.
COMMISSIONER McDANIEL: And, Ms. Anna, please forgive
me, you answered this question when we met. I don't remember your
response, which is why I'm asking, and that's about the direct access
out of the parking exemption area onto Rosemary. That seemed to
make sense to me to allow for better internal circulation for the entire
site, and I cannot recall why you were proposing to not do that.
MS. WEAVER: Let me just show the site plan. So you're talking
about the --
COMMISSIONER McDANIEL: Yes, ma'am. That one right
September 11, 2018
Page 32
there.
MS. WEAVER: So one of the conditions of approval that was
suggested by staff and the Planning Commission was not to allow
access directly into the parking exemption area mainly because this is a
residential zoning, and we don't want to set the precedent of providing
access straight to a commercial development from residential on either
end.
So we have this access over here into the commercial zoning, and
then we wouldn't be able to have one over here.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SOLIS: That's it?
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I believe I read that there were
no other restaurants going to be coming in, correct?
MS. WEAVER: At this time we don't know the tenants will be,
but they're limited to a certain percentage of restaurant space. And so
the existing restaurant will max that out. I don't think there's any plans
to have more restaurants in there.
COMMISSIONER FIALA: Yes, that's what I thought. I just
wanted to put that on the record. And it doesn't say anything about
bars. Would you have a bar in there without having a restaurant?
MS. WEAVER: I think that no matter what kind of use they
propose, they're still going to have to meet that 100 parking spaces,
and right now we're proposing just shopping center with a maximum
of however many square feet of the restaurant. So I don't think -- we're
not proposing a bar? No bars.
COMMISSIONER FIALA: Well, that's good. Only because -- I
don't mean it to say that you -- because we all happen to drop into one
of them every so often, but --
COMMISSIONER McDANIEL: I don't.
September 11, 2018
Page 33
COMMISSIONER FIALA: -- adjacent to this neighborhood, you
know, I just thought they -- I just thought they would probably be
happy to know that.
MS. WEAVER: Sure.
COMMISSIONER FIALA: Another thing that I wanted to ask is,
how tall will the building be?
MS. WEAVER: I don't think we have an exact height, but it is
one story.
COMMISSIONER FIALA: Okay. So -- and I had another
question about that also. What -- I know this is a strange question, but
what type of shopping center? Is it going to be more retail sales? I
think that's what I read. But is it going to be specialized in something
like healthcare things or --
MR. FRUTH: For the record, Josh Fruth, Davidson Engineering.
I don't think the client has -- the developer has indicated exactly
what's going to be there, but the intent is that a lot of the existing
tenants will move into the new building. Peace, Love, and Little
Donuts is one of the tenants. There's a few other retail-type operations,
but that is the intent.
COMMISSIONER FIALA: Okay, fine. Thank you very much.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes, thank you.
And we've had many conversations, and I appreciate the
willingness of the petitioner to create another plan which we're
bringing out here. The neighbors are -- you have worked wonderfully
well with the neighbors in terms of the protection as much as you can
do, and I think you've satisfied them, certainly, with the parking on the
residential area abutting -- you know, the parking abutting the
residential; however, the traffic on Ridge is of great concern.
Ridge Street has changed remarkably since this plan was even
approved in 2009. There are more children. There are no sidewalks.
September 11, 2018
Page 34
There can never be sidewalks because the road is too narrow. And the
request, which you kindly developed an alternate plan, to close off the
parking on Ridge Street and allow -- and you've cleared it with
emergency and the Sheriff's Department. Everyone is fine with it.
We haven't had it vetted by the Planning Commission, however,
but I know the neighbors are very happy about Alternative 2, which I
think we're bringing up from the back anyway, because I don't think
it's here. Unless you have it and you can put it on the visualizer.
MS. WEAVER: We can show it and quickly discuss it.
COMMISSIONER TAYLOR: Okay.
MS. WEAVER: So this is an alternative plan that we developed
based on Commissioner Taylor's concerns. It does have an access
through to the parking exemption area and no access to Ridge.
We did meet with transportation and essential services, and they
are willing to accept either plan. Then we discussed it with our client,
and we feel that this would adversely affect the development and,
unfortunately, for the residents of Ridge, this is a cut-through street,
and it has been used for quite some time as a cut-through from 41 to
Goodlette. And we believe that this development would not make any
difference whether it's a cut-through or not or exceed the trips along
Ridge because it already exists today as a cut-through.
So we've decided to pursue this original plan that was submitted
and reviewed by staff and the Planning Commission, and we would
just like to keep with this plan today.
COMMISSIONER TAYLOR: And so there is an available street
down here, which I don't remember. So if you'll look, Rosemary Lane,
and there is a street that is perpendicular to Rosemary that will connect
with Ridge. So that is a possibility, meaning if folks want to go to the
right to go to Goodlette, they can cut through that way.
But we feel, as I've learned from discussing another parking
challenge we have in a residential area, another traffic flow, of making
September 11, 2018
Page 35
-- it's Whippoorwill Lane in particular -- not making it as convenient as
possible for folks to use a street that is already overwhelmed with
traffic and is, frankly, dangerous with traffic because of the inability to
create -- to widen the street. It's an older street.
So I'm going to bow to my colleagues. It was suggested at the
beginning of this meeting by a staff member that maybe we want to
have the Planning Commission vet Option 2 before it comes back to
us, but at this point, I -- if that's not the case, I would like to make a
motion that we accept the development but we only accept Option 2
for the parking, not the initial one presented by the developer.
And, by the way, just in case you're confused completely, there's
Option 2.
CHAIRMAN SOLIS: There's a motion.
COMMISSIONER FIALA: Would you say the motion again,
please?
COMMISSIONER TAYLOR: That we approve this
development with Option 2 site plan which prohibits exit from -- onto
Ridge Street from the development itself. That would be it.
Everything else would stay.
CHAIRMAN SOLIS: And I would just -- and maybe this is a
question for the applicant.
The concern about having direct access to the parking exemption
area, which this Alternative 2 does, is inconsistent with what the
Planning Commission requested. What was the concern with having
that direct access?
MS. WEAVER: Well, the Planning Commission didn't review
nor did staff review this other alternative plan.
CHAIRMAN SOLIS: Oh, okay.
MS. WEAVER: So that wasn't part of our actual submittal. That
was just a draft plan that we went over with Commissioner Taylor.
But I think the concern came originally through staff and CCPC to say
September 11, 2018
Page 36
that they didn't want the direct access from -- into the residential
zoning side.
CHAIRMAN SOLIS: Okay.
MS. WEAVER: We would also lose a few more parking spaces,
so two of the conditions that were recommended would need to be
amended.
CHAIRMAN SOLIS: Commissioner -- well, there's a motion
made. There hasn't been a second.
COMMISSIONER FIALA: I haven't seconded it because I still
have some questions.
So in other words, people come could come in off Ridge Street to
go to this shopping center, but they can't come out of the shopping
center on Ridge Street; is that what --
MS. WEAVER: No, ma'am.
COMMISSIONER McDANIEL: No, ma'am.
CHAIRMAN SOLIS: It's in and out.
COMMISSIONER McDANIEL: Under the suggested plan,
Ridge Street access is denied completely.
MS. WEAVER: And in that case, I think we'd like to ask, if this
would have to go back to CCPC, because this has not been reviewed.
CHAIRMAN SOLIS: That's my concern.
Commissioner Saunders?
COMMISSIONER SAUNDERS: I know there's a -- pardon me.
I know there's a motion, and there hasn't been a second. I don't support
the motion, but I wanted to just -- in case there was a second and some
interest in that motion, I wanted to ask our staff just real quickly
concerning Option No. 2. I go down Ridge Street quite a bit. I agree
with Commissioner Taylor that Ridge Street is problematic, but I don't
think the solution is to negatively impact this particular development.
So just a quick response from staff as to -- obviously, you've seen
this, and I just want to get your opinion.
September 11, 2018
Page 37
MR. SABO: Thank you. For the record, James Sabo, Principal
Planning, Zoning.
Commissioner Saunders, we have had an opportunity to see
Option 2, but we haven't reviewed it with the Planning Commission
nor thoroughly reviewed it through the zoning division.
My understanding is that the access to Rosemary only, perhaps,
would require a little bit more information to some of the residents
along --
COMMISSIONER SAUNDERS: I understand what you've just
said in terms of it hasn't been reviewed. My question is, does staff
have any opinion concerning Option No. 2?
MR. BOSI: Mike Bosi, Planning and Zoning Director.
And as cited by the -- Anna, the agent for the applicant, staff is
concerned about setting a precedent with -- the parking exemption
allows for parking to be placed within a residentially zoned district,
which is somewhat of an anomaly for that zoning district from a use
standpoint.
And, further, to -- so based upon that anomaly, the suggestion has
been make sure that the access doesn't directly -- be gained within that
residentially zoned property but have it squarely within the commercial
setting.
We are in agreement that a better arrangement is not to have that
access through the residentially zoned parcels of land, and that
precedent is what we're concerned about.
COMMISSIONER SAUNDERS: Thank you. That's what I was
looking for, just your opinion.
CHAIRMAN SOLIS: No other speakers. Well, there's a motion.
Has there been a second?
(No response.)
CHAIRMAN SOLIS: I don't think there's a second, so the
motion's going to fail.
September 11, 2018
Page 38
COMMISSIONER SAUNDERS: Mr. Chairman, I'll make a
motion to approve the petition as presented.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: There's a motion and a second to approve
the application as submitted and recommended by the Planning
Commission. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN SOLIS: Motion carries 4-1.
MR. FRUTH: Thank you, Commissioner.
MS. WEAVER: Thank you.
COMMISSIONER FIALA: You had said "and recommended by
the Planning Commission," but it hasn't gone before them yet, right?
CHAIRMAN SOLIS: No, it came. The application came --
COMMISSIONER TAYLOR: Not the second one.
CHAIRMAN SOLIS: Not the second one. The first one.
COMMISSIONER FIALA: Oh, okay. Thank you.
Item #9A
ORDINANCE 2018-42: APPROVAL OF THE SINGLE, 2016
CYCLE 3 GROWTH MANAGEMENT PLAN AMENDMENT
PETITION PL20160002360, SPECIFIC TO AN ORDINANCE
ADOPTING THE PROPOSED GOODLETTE/PINE RIDGE
MIXED USE SUBDISTRICT AT THE NORTHEAST CORNER OF
PINE RIDGE ROAD AND GOODLETTE-FRANK ROAD.
(ADOPTION HEARING) – ADOPTED
September 11, 2018
Page 39
Item #9B
ORDINANCE 2018-43: AMENDING ORDINANCE NUMBER 99-
94, THE PINE RIDGE COMMONS PLANNED UNIT
DEVELOPMENT (PUD), TO ADD 325 MULTI-FAMILY
DWELLING UNITS AS PERMITTED USES IN THE
COMMERCIAL DISTRICT IN THE AREAS DESIGNATED ON
THE MASTER PLAN; BY ADDING DEVELOPMENT
STANDARDS FOR RESIDENTIAL STRUCTURES; BY
REVISING EXHIBIT A, THE PUD MASTER PLAN AND
PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT
PROPERTY IS LOCATED ON THE NORTHEAST QUADRANT
OF THE INTERSECTION OF PINE RIDGE ROAD AND
GOODLETTE-FRANK ROAD IN SECTION 10, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
[PL20160002306] (THIS IS A COMPANION TO AGENDA
ITEM #9A) – ADOPTED
MR. OCHS: Commissioners, that takes us to your advertised
public hearings this morning. Items 9A and 9B are companion items.
9A is a recommendation to approve the single 2016 Cycle 3 Growth
Management Plan amendment Petition PL20160002360. This is an
ordinance adopting the proposed Goodlette/Pine Ridge mixed-use
subdistrict at the northeast corner of Pine Ridge Road and
Goodlette-Frank Road.
The companion Item 9B is a recommendation to amend
Ordinance No. 99-94, the Pine Ridge Commons Planned Unit
Development, to add 325 multifamily dwelling units as permitted uses
in the commercial district in the areas designated on the master plan.
And, again, this project is located in the northeast quadrant of the
September 11, 2018
Page 40
intersection of Pine Ridge Road and Goodlette-Frank Road in Collier
County, Florida.
Commissioners, before I ask you for -- to begin the hearing, I
would ask Mr. Bosi to bring you up to date on some current
information related to this project.
MR. BOSI: Good morning, again, Commissioners. Mike Bosi,
Planning and Zoning Director.
First, I come here with the contrite approach in the sense that our
department -- an oversight on our department created quite a stir within
our administration yesterday. We received a notification from the
Department of Economic Opportunity that the Growth Management
Plan that's associated with the Pine Ridge Common PUD rezoning has
-- was deemed withdrawn because 180 days had passed since we
received notification from the DEO regarding the request. We
received the request in January of -- 19th of 2018.
So last month, August 17th, we were officially at 180 days. Our
office failed to let the DEO know that it was going through the
Planning Commission and it was scheduled for the Board on
September 11th.
Corresponded with them last night, a Mr. Eubanks, the Head of
Plan Review within DEO; sent me an email this morning basically --
and the email's within the visualizer that -- they've acknowledged that
extension to today's agenda, and moving forward with that Growth
Management Plan amendment will be in compliance with Statute 163
within the Florida Statute.
But I wanted to put that forward and offer an apology for the
anxiety that we created within this government for that period of time.
CHAIRMAN SOLIS: Any -- County Attorney, any concerns?
MR. KLATZKOW: Well, if somebody wants to make an
objection over this, it could be messy, but, you know, if nobody makes
an objection over this or seeks to make an issue out of this, then there's
September 11, 2018
Page 41
no reason not to proceed.
Mr. Yovanovich, are you comfortable proceeding? I know this
was no act of the applicant's.
MR. YOVANOVICH: Right. I mean, what's left of my gray hair
turned white this morning. But, no, we're fine with going forward.
Clearly, there was an agreement to extend. And you don't meet in
August, so there was no way to meet the 180-day time frame.
Now that the Department of Economic Opportunity is
comfortable with this, we don't have an issue with moving forward and
glad that we can just go forward and have this considered today.
CHAIRMAN SOLIS: Okay. With that said, we'll move into
swearing witnesses, and then we'll do ex parte.
MR. KLATZKOW: Yes. But does the Board wish to hear both
items at the same time or separately?
CHAIRMAN SOLIS: I think we should hear them both at the
same time.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN SOLIS: Now we'll move into ex parte disclosures.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And I do -- have had
meetings and emails with regard to this project.
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I, too, have had emails. I've
spoken with staff about it. I had a meeting with Rich Yovanovich,
Wayne Arnold, David Genson, and I think that covers it. Thank you.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes. Emails, meetings, telephone
calls regarding this issue.
COMMISSIONER SAUNDERS: And I've had meetings and
telephone calls, correspondence concerning this as well.
CHAIRMAN SOLIS: And I as well have had meetings with Mr.
September 11, 2018
Page 42
Yovanovich, Mr. Arnold, Mr. Genson, emails and correspondence
from the public, and I had a call this morning from Mr. Kaufman.
MR. ARNOLD: Good morning, Mr. Chairman and
Commissioners. I'm Wayne Arnold, certified planner with Q. Grady
Minor & Associates. With me today is David Genson from Barron
Collier Companies representing the owner, Rich Yovanovich is our
land-use counsel, and Norm Trebilcock has prepared our professional
traffic analysis for the project.
The request before you you heard earlier last year and you
transmitted it to the state. That original project came forward with a
request to modify the subdistrict that this project is located in under
your Growth Management Plan to add a provision to allow up to 400
multifamily dwelling units. That subsequently was reduced to 375
units upon your transmittal to the state. After consideration and
discussion with other potential end-users, we reduced the request at the
last Planning Commission meeting to 325 multifamily units.
So our Comprehensive Plan amendment language reflects the
reduction to 325 multifamily apartment dwelling units. It also caps the
height at four stories. The subsequent PUD amendment that is also
pending would modify the Pine Ridge Commons PUD to make
reference for the 325 apartments.
In discussing with our nearest neighbors at Northgate Village --
you may recall several residents stood up at the first transmittal hearing
-- we've had a series of ongoing dialogue with that group, and we've
made some concessions, which are reflected in the existing PUD
document that you have before you.
First and foremost, we established a 300-foot setback for the
multifamily residential from our southern PUD boundary. So from
that Pine Ridge Road southern boundary, 300 feet north would be the
closest that the residential buildings could be to them.
We also established a limitation on any outdoor amplified
September 11, 2018
Page 43
entertainment to limit that to 9 p.m., which was an attempt to address
some issues they've had at another strip center east of us. So we don't
want to be the nuisance, so we've established hours of limitation that
are not there today for the outdoor entertainment.
We've also worked with Northgate Village, our nearest neighbors
to the south, and we've agreed to work with them financially to
re-establish a landscape buffer that was, I guess, really diminished
through Hurricane Irma, and they've been struggling to recapture that
buffer, and we've agreed to help them financially to do that. So we
think those were considerations that would meet well with them.
We also did some line-of-sight studies to demonstrate to them
that they would see minor parts of rooflines, potentially. We also did a
similar sightline study from the nearest residences or vacant residences
in Pine Ridge that abut Goodlette-Frank Road to demonstrate that, yes,
there could be views of the four-story apartment building, but keep in
mind they already have a three-story Raymond James building.
We established a maximum building height of 60 feet with regard
to the four-story buildings with a zoned height of 50 feet. That's sort
of consistent. The original PUD was approved with a height of 50 feet.
And back in the day we didn't distinguish between zoned and actual
height. But it did have a height of 60 feet for any architectural
structures in the existing PUD.
So we think the establishment of the zoned height of 50 and an
actual height of 60 is consistent and no taller than the buildings that
could have been placed there today.
So that's kind of in a nutshell where we were. I think we've done a
good job of working with our neighbors. We had a 5-1 vote, I believe,
from your Planning Commission on the Growth Management Plan
approval for the adoption. We had a 6-0 approval for the PUD. We
had one holdout from Planning Commission that wasn't certain that
this was the right time to change your Growth Management Plan. But
September 11, 2018
Page 44
we believe for many reasons that it is.
And I think that -- I saw an article in the paper. Mr. Bosi was
quoted this morning. I think he made a lot of our great points. I mean,
this is very centrally located, a great location for market-rate
apartments. We have adjacency to the Pine Ridge Middle School.
You have easy access north to the Naples Community Hospital and
Arthrex. You have easy access south into downtown Naples. You have
access west right over to the beach.
It's very centrally located. It's going to remain a mixed-use
project. Right now you have a tenant mix that includes some
restaurants. You have a Starbucks. You have banking opportunities.
You have massage opportunities. So I think it truly could function as a
mixed-use project for the convenience of the people who would reside
here.
And it's also on one of your CAT bus stops, and there's a
cooperative agreement to allow CAT bus to come into the frontage
road that exists for people. So you also now insert the opportunity for
transit into the mix for people to reside here.
So for a lot of good planning considerations, in my professional
opinion, it makes absolutely perfect sense to allow what we're
proposing on this location.
So our team is here to answer any questions that you may have
that I can't.
CHAIRMAN SOLIS: Questions from the Commission?
(No response.)
CHAIRMAN SOLIS: Public speakers? I'm sorry? Oh, I'm sorry.
You know, I, myself, am getting used to this new system.
Commissioner Fiala.
COMMISSIONER FIALA: Wait till the public speakers --
CHAIRMAN SOLIS: And Commissioner Taylor had --
COMMISSIONER TAYLOR: I just wanted to know if there is a
September 11, 2018
Page 45
challenge to this, Commissioner -- or County Attorney Klatzkow, what
is our timeline? What are we looking at, or do we even know if this is
challenged based on the honest mistake of staff?
MR. KLATZKOW: Well, if it gets challenged, you go -- there
will be an administrative process and perhaps beyond that.
At the end of the day, you've got a bad choice or a worse choice
to make for the applicant. The bad choice is to move forward and take
a risk that somebody makes an issue out of it. The worse choice is to
tell the applicant, okay, it's being withdrawn, so start from the
beginning, which I don't think the applicant really would want to do.
COMMISSIONER TAYLOR: That's the alternative.
MR. KLATZKOW: That's the alternative. You've got a bad
choice and the worse choice, so I would recommend the bad choice.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: Okay. All right. I was waiting for
the speakers.
CHAIRMAN SOLIS: Oh, do you want to wait for the speakers?
COMMISSIONER FIALA: Yeah. I thought that would be a
good thing.
CHAIRMAN SOLIS: That's fine.
MR. MILLER: Mr. Chairman, I have three registered public
speakers for this item. Your first speaker is Tyler Day. He'll be
followed by Robert Kaufman.
MR. ARNOLD: Mr. Chairman, if I could, I misspoke. Our
limitation in the PUD wasn't 300 feet from the PUD boundary. It's 350
feet. My mistake.
CHAIRMAN SOLIS: Okay. Thank you.
MR. DAY: I thank you for the opportunity of speaking in front
of you commissioners. My name is Tyler Day. I'm a 25-year resident
of the Villages of Monterey and Orange Blossom.
September 11, 2018
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Having been president of Monterey Master Association and Villa
Associations, I'm familiar with the excellent job you commissioners do
in the review and approval process. Having spoken to you before on a
number of occasions, I think shortly after the last civil war was one of
them when Burt and I were about this high. But as you can see, he's
grown much taller and smarter, so we should have -- and, by the way,
welcome, Andy, to the group. We look forward to great things from
you not only in District 2 but on the Board as well.
I'm here representing the Orange Blossom/Pine Ridge
Community Alliance as a cofounder some 11 years ago and current
vice president of that association. The Alliance represents over 300
district homes and roughly 6,000 voters in the 11 developments on or
adjacent to Orange Blossom.
Our alliance mission is to address the concerns of our residents
regarding the mutual benefit, safety, and environmental beauty of
Orange Blossom communities.
I'm here today to address the concerns regarding the Pine Ridge
Commons agenda item. This proposes a zoning change that would
allow for the addition of 325 rental units. We feel this is not only a
bad idea but one which could substantially be harmful to local
residents.
I'd like to ask you to consider the following. I'll make half a dozen
points or so. I know it's recorded, but if anyone wants to take some
notes, they may be useful in further discussions.
The original zoning for this site was three residential units per
acre. That would be 90 rental or individual units on the 30 acres. The
changing of the zoning to accommodate 325 rental units is excessive
and could generate an additional 600-plus automobile trips twice a day
that would further tax an already overburdened road intersection.
The two neighborhood information meetings conducted failed to
provide any visual details for the proposal for the neighborhood to
September 11, 2018
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consider prior to this meeting. That's not right. It has to be more
exposure, more information regarding what is actually going to
happen. The placement of the structure described as a four-story over
paving was not detailed at all.
CHAIRMAN SOLIS: Mr. Day?
MR. DAY: Yes.
CHAIRMAN SOLIS: Was he ceded any additional time?
MR. MILLER: I do not have that, no, sir.
CHAIRMAN SOLIS: Unfortunately, your three minutes are up.
MR. DAY: Okay. Let me conclude there. A number of other
points, but I will wrap up here.
CHAIRMAN SOLIS: Well, unfortunately, your three minutes
are up. The rules are the rules.
MR. DAY: Okay. Okay. The summary is that we request that
this proposal not be approved.
CHAIRMAN SOLIS: Thank you.
MR. MILLER: Your next speaker is Robert Kaufman. He'll be
followed by Jason Lance Provance.
COMMISSIONER McDANIEL: Been a long time since the civil
war. Maybe they gave them more back then.
COMMISSIONER SAUNDERS: The clocks ran a little slower
back in those days.
MR. KAUFMAN: Good morning, Commissioners. Robert
Kaufman.
What I come before you to request is a postponement of the
application. This is a zoning change and the change to the Growth
Management Plan, not to be taken lightly.
I'm a magician, an amateur magician. I entertain my
grandchildren and my children with a little slight of hand. I have a
feeling that the people who are giving us the traffic study are also
magicians because they are saying that by adding 650 residents,
September 11, 2018
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probably two people and two cars per residence, that's going to reduce
the amount of traffic, which I find real difficult to believe.
So I'd like to echo my friend. We would like -- I'm not saying to
deny it. I'm saying postpone it so that we have more chance to review
what was not presented at the NIM meetings. And I was at the first
NIM meeting over a year ago. I think it was April 27th. There's been
very, very little information that's been provided to the different
communities.
And contrary to Mr. Arnold, Northgate Village is no closer to the
site than Pine Ridge Estates is. It's across the street. One's across Pine
Ridge Road. The other's across Goodlette-Frank Road. There's a fire
station there. You have a school there. And I believe that adding 650
automobiles there is going to really cause a problem at that
intersection.
Thank you.
MR. MILLER: Your final registered speaker on this item is
Jason Lance Provance.
MR. PROVANCE: Good morning, everyone. Thank you for
taking time to allow me to speak this morning.
For the record, my name is Lance Provence, Jason Lance
Provence. I've been a resident of Naples and Collier County for over
20 years. I reside on Burning Tree Drive in the Northgate Village
community, which is directly south of the property that we're speaking
of here today. I'm also on the board of directors from the Northgate
Village, and I'm speaking to you today on behalf of the entire
Northgate board.
As a board of directors, we've met with representative from
Barron Collier on numerous occasions. They've been very
accommodating with our working schedules. We all work. They've
listened to our concerns and addressed those which they were directly
able to. We do acknowledge we have a small voice in this project, but
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we are a neighborhood that will be directly impacted by the proposed
uses of the development.
Based on feedback from our board mentioned at the NIM, Barron
Collier's been very cooperative and incorporated several changes to the
PUD that are important to our neighborhood. First of those is the
buffer that's been mentioned or the setback of the southern property
line where the new building would be. The number of stories for the
buildings will be limited to four stories including their garage as the
first level. A limitation on outdoor and amplified music during the
evenings; certainly a concern for our neighborhood. A quote-unquote
Mercato type development will not be planned for this project.
They've provided line-of-sight studies for us, and there are a few other
considerations which are still being coordinated with Barron Collier.
Beyond these concerns that we've addressed with Barron Collier,
we as a board and a neighborhood do still have concerns with the
anticipated traffic along Pine Ridge Road and the intersection of
Goodlette-Frank Road. We would ask the Collier County Commission
to further study the increased traffic volume and patterns and
implement a budget and plan to address this in the future.
Beyond this, we would also ask the Board to consider refinements
to the noise ordinance or other measures to protect neighborhoods like
ours from the local restaurants turning into nightclubs with music
blasting until 2 a.m.
Our neighborhood is less than 150 feet away from these
establishments, and although we have addressed these concerns in the
past, the problem only goes away temporarily.
Please help us address this issue so our neighborhood's no longer
impacted, negatively impacted.
Short and sweet. So thank you for your time this morning.
MR. MILLER: That was your final speaker for this item, Mr.
Chairman.
September 11, 2018
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CHAIRMAN SOLIS: Thank you.
Commissioner Fiala, you had a question?
COMMISSIONER FIALA: Oh, I had a -- yes, I had a few.
Number one was we discussed this before a few months back. I don't
remember quite when, and at the time I really balked because all I
could think of was all that traffic that's already there and then more
even put onto that area, and it really concerned me.
Since then they've reduced the number of units a few times,
actually. It's down to three and a quarter now, right? That sounded a
little bit better.
But one of the most important things that sounded good to me,
anyway, was that that area has been crying for housing for the
workforce that is in that area, and they wanted to have something right
in the hub of all of that business. And this one -- it's going to be a
moderate rate. It's just a market rate, isn't it?
MR. YOVANOVICH: (Nods head.)
COMMISSIONER FIALA: And they don't have much of any of
that around, and I thought now we're answering the need for the
housing for the middle income, the teachers and so forth like that. And
then I thought, I've got to step back and take a better look at this
because if that is what the businesses need in the area and they're going
to offer it and they've reduced the number that they have, I feel a lot
better about that.
I thought about this where they said reduction in traffic. I think it
was you. Reduction. I thought, how could there be a reduction in
traffic when there's not much of anything going on there, but I think
what they meant was the potential for the traffic in that area, and then
what they've done is reduced that to, I think, an acceptable amount. So
I feel pretty good about this now.
CHAIRMAN SOLIS: Okay. Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. And I would -- I have to
September 11, 2018
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concur with Mr. Kaufman with regard to the TIS analysis. There is
quite a bit of wizardry that goes into the development of that.
But I would like if Mr. Bosi or Trinity would please come up and
explain to us with specifics the impacts of this particular development
in relationship to the current permitted uses that are there. We're all
experiencing a lot less traffic because the plaza from a commercial
standpoint has not been as successful as originally perceived.
So I would like to hear the actual breakdown. It's been shared
with me. I just want it to be said, so...
Trinity or Mr. Bosi, either one. We like Trinity better, so go
ahead.
MS. SCOTT: Thanks, Mr. Bosi, there.
For the record, Trinity Scott, Collier County Transportation
Planning, your planning manager.
The current approved PUD allows for 125,000 square feet of
shopping center and 150,000 square feet of general office building, and
the proposed PUD reduces the shopping center to 75,000 -- this is per
the TIS -- 75,243.
MR. OCHS: TIS stands for?
MS. SCOTT: Traffic Impact Statement, sorry. The general office
building, 129,099 square feet, and the Traffic Impact Statement was
also done based on 375 dwelling units. Since then the applicant has
reduced that, but the TIS was -- Traffic Impact Statement was
developed with the higher amount.
COMMISSIONER McDANIEL: And so give me those numbers
again. With the existing permitted uses, the trips generated are?
MS. SCOTT: The approved PUD total is 9,638 trips per 24 hours
of a weekday. In the proposed PUD, it's 9,635. So it's a reduction of
three over 24 hours.
COMMISSIONER McDANIEL: Three? So, necessarily, it's the
same from a traffic impact, so -- okay.
September 11, 2018
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MS. SCOTT: Now -- and I should also state that that was based
on the higher --
CHAIRMAN SOLIS: 375.
MS. SCOTT: -- the 375.
COMMISSIONER McDANIEL: So there is even a greater
reduction than the three that was originally proposed from the Planning
Commission meeting.
Thank you. Got it.
MS. SCOTT: Yes.
COMMISSIONER McDANIEL: And there is just the other
question, and this might be for the applicant or staff, either one, and
that's the allowance of commercial. There is still some commercial on
that site, if I'm not mistaken. It's not going to be a complete swap to --
MR. YOVANOVICH: Correct. If you look on the visualizer on
the aerial, you can actually see -- this retail and office where you have
the Starbucks and all that, that will all stay, this office will all stay, and
then basically it would be this parcel and the old Sweetbay building
parcel that would be redeveloped for multifamily use if multifamily
actually occurs.
COMMISSIONER McDANIEL: Thank you, sir.
MR. KLATZKOW: It's -- what they're doing is they're adding
residential to their approved uses. So they can still go full commercial,
or they can still go a mixture. And the regulator on this in the
ordinance is that they're capped at a trip count. So no matter what they
do, whether it's commercial or it's residential, when you add up the trip
counts for each use that they're doing, they're capped. So it's traffic
neutral.
CHAIRMAN SOLIS: Traffic neutral.
MR. KLATZKOW: Whether they put in commercial or they put
in residential, it is traffic neutral.
COMMISSIONER McDANIEL: The issue I have with traffic
September 11, 2018
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neutral is the enforceability is always after the fact, and it's in a
reactionary standpoint. And we have a difficult time in that
enforcement after the fact.
COMMISSIONER TAYLOR: What do you mean?
MR. YOVANOVICH: If I might.
COMMISSIONER McDANIEL: I meant what I said. The
remaining traffic neutral is a post facto determination based upon trips
generated from a particular piece of property, and then the onus of
proof is on to the -- where those trips, in fact, come from. And it's
something -- I mean, for us from a regulatory standpoint, it's been an
issue I've had contention with for quite a long time. Even when I was
in the private sector, you know, my own personal developments had
trip limitations, but nobody ever -- nobody ever checks.
COMMISSIONER TAYLOR: Yeah, that was -- yeah.
COMMISSIONER McDANIEL: So --
MR. YOVANOVICH: Just if I can, for the record, there's a
mechanism that -- we do a trip cap count when each Site Development
Plan comes in. So there is a safeguard through the review process that
we are under the cap based upon Site Development Plan review, and
that's in the ordinance.
MR. BOSI: Mike Bosi, again.
And I just want to give the Commission another component,
another perspective in relationship to this proposed change.
As it was highlighted out that this just adds the potential for a
residential development to be added to an existing commercial facility.
That's one of our identified responses to the housing diversity
imbalance that we currently have within this county. So these are the
type of projects we want to see, we want to promote more of.
And let me provide you with one last kind of comment related to
-- and it's an acronym. And it's VMT. It's vehicle miles traveled. And
one of the aspects that we're trying to provide for is a closer
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relationship between our dwelling units, where they're located, and
where their economic opportunities are, and that means placing your
job opportunities in close proximity to your housing opportunities.
And we think by adding 400 and 375 or 325, whatever the final
number is, we're providing an opportunity that is going to -- a
percentage of those units will be occupied by an individual who works
within those areas.
As part of the transmittal hearings during the Planning
Commission review, some of the objectors were saying it's going to
create additional traffic, and their point was, at 5:00 everyone's headed
to the east, and it's -- and it really creates an issue. Well, this proposal
is designed and could potentially take a percentage of those trips that
were heading back to the east to the farther reaches of the county and
provide living opportunities in close proximity to where those jobs are
in this corridor.
So vehicle miles traveled -- and I know it's -- basically, it's a par
issue for trips, but that's just trips. But think about one trip that comes
25 miles or 20 miles into this employment center to now being --
having the replacement to that being reduced by a 25, 35, or a 50
percent; therefore, we've got an increased capacity within our system,
and we still have the same number of trips.
So it's -- the vehicle miles traveled is just as important within the
trip issues, and this is what this program and this proposal -- this
design to help affect that vehicle miles traveled. So from a planning
standpoint, we support this inclusion of residential zoning within this
commercial property.
COMMISSIONER TAYLOR: Mr. Bosi, if you could guarantee
me that the person living in the east is the same person that is going to
be living in that, I would agree with you. But I would offer having it
market rate is not going to create that. What's going to happen is, is
people who live in the east live there because the rent is lower, and the
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people who are going to live there are going to be a new group of
people.
Now, I'm not saying that some might not, but we can't control
that. That's our -- that's our challenge.
MR. BOSI: And I understand, and I couldn't provide you that
guarantee or any certainty to that, but what I can -- but what we can
say is that we're providing the opportunity.
And when you have an issue of housing affordability within a
jurisdiction, within a county, within a municipality, there has to be a
governmental response, but there has to be a market response as well.
It's a dual fold.
So as we add to -- and it's supply and demand. As we add to the
supply -- or add to the supply, we start satiating that demand and,
therefore, it has an equilibrium in terms of the prices that these
individuals can come in. When there's an imbalance, which there is,
when you have a 97 percent absorption rate for your apartment
buildings within a county, there's an imbalance because there's a high
demand. As we add supply, we affect that demand-supply relationship
in a positive way for the consumer.
So I understand that it's not restricted to a specific population, but
it does address that supply-demand curve, and it's one of the issues, as
we move forward, the more multifamily in the right location in the
right intensity, design and focus at the right opportunities within our
system, those are the things that we want to scrutinize. We want to
make sure that they either -- they're given their fair share of
consideration because of the improvements that they can exist within
the system.
COMMISSIONER TAYLOR: And I would agree. Thank you.
CHAIRMAN SOLIS: Anything else?
Commissioner Saunders?
COMMISSIONER SAUNDERS: Just a couple questions. I
September 11, 2018
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think one for Mr. Bosi and, perhaps, one for Mr. Yovanovich.
In terms of the trip generation, we have a methodology that we
require property owners and developers to go through to determine
what their trip generation is. We apply the same type of formula to the
entire county, I would assume.
And my question is, this project looks like it's going to generate
less trips than what is currently permitted. And so the question is, did
they use the right procedure to determine those trips, and are you in
agreement with their determination?
MR. BOSI: Oh, I'm absolutely in agreement. And think about it
just from a layman's perspective. We have a 5- or 10-unit apartment
building, or you have --
COMMISSIONER SAUNDERS: Yes or no was sufficient.
MR. BOSI: Yes, we do.
COMMISSIONER SAUNDERS: Don't want to be rude.
MR. BOSI: Yes. Yes.
COMMISSIONER SAUNDERS: And, Mr. Yovanovich, one of
the concerns that we always have is that we don't want to do something
that's going to negatively impact an existing community, and under the
existing development plan, my understanding is that there is no
restriction on music or hours of operation.
There's a restaurant in the area there that has outdoor dining, and
they have outdoor music. I don't know if they're restricted in their
hours. I think they go fairly late. But is that -- am I correct that right
now there is no restriction on that type of activity in that development
currently?
MR. YOVANOVICH: You are correct.
COMMISSIONER SAUNDERS: See, he knows how to say yes
or no.
And with the new development, my understanding is that there
will be a restriction, that in some respects we are actually protecting
September 11, 2018
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the neighborhood from noise, from glare, from activities that could
take place right now.
MR. YOVANOVICH: Again, you are correct.
COMMISSIONER SAUNDERS: Okay. So, Mr. Chairman, I
don't see any downside to this particular project based on staff's
answers. And I understand the concerns of the community in terms of
traffic and all those things, but I think this is a project that's going to
actually make things better than what's currently out there.
CHAIRMAN SOLIS: Thank you. That's all?
Commissioner Fiala, you're next.
COMMISSIONER FIALA: Oh, okay, fine.
I just thought of one other thing that we're emphasizing and most
of our residents are emphasizing that they want to do more exercising.
Dr. Weiss is also emphasizing that. We need to exercise more.
Well, with them living in close proximity to jobs, they could ride
their bike there. They could ride their bike over to the YMCA and
exercise. It's such a hub of places they could go, and they don't even
need to get into a car. So I just thought, well, you know, that's another
good thing.
Now, you were right about, you know, coming from pretty far.
You've got a lot of traffic going back and forth. But living close by to
the jobs, they would be able to walk.
CHAIRMAN SOLIS: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: And I'll follow up on what you're
saying, Commissioner Fiala. So let's figure out how we can guarantee
that the folks that rent these places are actually the people that we need
employed, like our essential services. What is the -- what is allowed,
the zoning that's allowed for the density as it exists without having to
come before the Commission?
MR. YOVANOVICH: Zero. If you want -- it's zero. We can't
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have any residential density.
COMMISSIONER TAYLOR: Okay. The residential issue. But
if it -- so -- but I -- now, correct me if I'm wrong, you're allowed -- it's
four. If it's going to be residential, it's four units an acre; is that
correct?
MR. KLATZKOW: No. They're not allowed any residential.
COMMISSIONER TAYLOR: Yes. But if they're going to move
to residential, it's --
MR. KLATZKOW: They're not allowed any residential.
MR. BOSI: Per the Growth Management Plan, the Future Land
Use Map would allocate this urban residential, and urban residential
would be eligible for a base of four units per acre.
COMMISSIONER TAYLOR: But what is -- how did it get to
eight? There's an allowance because it's on an intersection or
something?
MR. BOSI: Well, there's some additional provisions within your
density rating system towards where you can -- you can seek additional
density in proximity to a two-road -- two collector roads would -- an
additional -- an additional -- an additional dwelling unit. Also
proximity to activity centers would allow for a potential.
But they're not following the density rating system. They are
requesting a Growth Management Plan amendment to allocate
residential as requested.
COMMISSIONER TAYLOR: Okay. So now that we know that
you're not allowed any residential whatsoever, how are we going to
guarantee that going above eight, that's -- you're going to 10.6 units an
acre; is that correct? Isn't that the density?
MR. YOVANOVICH: My engineer left. I think it's about that.
COMMISSIONER TAYLOR: About that.
MR. YOVANOVICH: I want to go "yes" or "no," but I'm
trapped.
September 11, 2018
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COMMISSIONER TAYLOR: That was succinct, though. That
was okay.
So how can we -- how can we make this work for our Sheriff's
Department and our policemen and our teachers and our nurses and all
the people that we want to live there? How can we make this attractive
for them to live there? And Arthrex right down the road.
MR. YOVANOVICH: I think that -- well, location. What's that
commercial, location, location, location.
COMMISSIONER TAYLOR: Location.
MR. YOVANOVICH: And then there was one other.
CHAIRMAN SOLIS: Location.
MR. YOVANOVICH: The Geico commercial, I think it was.
Koi pond. Location, location, and koi pond. But we've got three
locations. It's a great location, is one.
It's obviously in our best interest to market to and let the school
board know about this project. We've got a school right next door to
us. It's obviously in our best interest to let Arthrex know. It's in our
best interest to let the county know. It's in our best interest to know
every -- basically every employer in Collier County know about this
new project, which we're going to do. So it's in our best interest to get
the word out.
And, two, I think the location, I think, is ideal for that. So I think
that's going to go a long way to attracting essential service personnel to
want to live here and rent here, and we're confident that we're going to
have more than our share based upon the location of where we are and
the clear need for this type of housing.
COMMISSIONER TAYLOR: But yesterday we spoke about the
additional market of those folks just visiting us that come down, and
rather than having -- owning a condominium, they'd rather rent for
long leases and have a place that's sort of turnkey in a sense. They can
go back up north; they can come home. This is also a perfect place for
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that. They could bike to the beach. I mean, you've got Clam Pass right
down the road. It will help the County Manager with his concept of
the parking garage that we're not going to build at Clam Pass.
But -- so how can we ensure as much as we can that those
essential services are going to be -- it's going to help us -- this is going
to help them besides first-come, first-served, or market rate, that's it or
-- how are we going to do this?
MR. YOVANOVICH: Well, people a lot smarter than me
actually analyze the demographics and do market studies. I can assure
you that in those market studies the people that are going to live there
are going to be a mixture. You are going to have some retirees. You
are going to have young professionals. It's just a fact. That's the
market.
COMMISSIONER TAYLOR: Right.
MR. YOVANOVICH: So the market's going to provide the
opportunity for us to attract those people to live here and in our
community. It's sheer -- sheer supply and demand. And so the
market's going to take care of it. There's no way that this project will
result in 100 percent retirees. That's not the market. There's a market
for young professionals, young essential service professionals, older
essential service professionals or personnel to live in this community.
The market's taking care of it. You're seeing more and more
apartment complexes come through because that's what the market is
saying. And you've asked us to help solve your problem. Well, you've
got to let the market do it, because we're not getting any help, really,
from anybody other than developers wanting to step up and marketing
to the people who need this type of housing, and the market's going to
take care of it, and it's starting to do that.
And you'll get more and more. You'll see other retail projects that
are probably going to come to you -- there's already one in the process
-- to do a similar type thing in another location. But it's going to be
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market rate, which is the young professional and doctors, teachers.
Now, we've made it clear lawyers are not essential service
personnel, so that's -- we've done all these discussions. But you'll get
nurses and you'll get teachers and you'll get young engineers, and
you'll get young professionals because we're supplying -- we're giving
you the supply that the community needs.
COMMISSIONER TAYLOR: And what is the rent, please, for a
one-bedroom? What do you think you're going to start at,
approximately?
MR. YOVANOVICH: What was the -- I did this in my head
yesterday. Was it -- it was like $1,200, I think it was. About $1,200
for a 7- or 800-square-foot one-bedroom apartment, and then it goes
up, because we're going to have two-bedroom and three-bedroom
apartments. But the number, it's roughly about that range.
COMMISSIONER TAYLOR: Do any of my colleagues have
any angst about the density of this residential unit?
CHAIRMAN SOLIS: I don't because it's going to be capped at
the counts and so that it doesn't negatively impact the traffic that's
going to be generated there. I mean, you know -- I think one of the
issues is that folks are looking at this as what the traffic is right now.
And right now the Sweetbay is empty.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN SOLIS: That will not always be the case, and I
would suspect that in the near future there will be something there. I
mean, if we -- right now, you know, there could be a Trader Joe's or
something else that could go in there. And so anything that would
reduce the impact of that commercial development on the intersection,
I think, is long term -- long term a good thing.
MR. YOVANOVICH: If I may. I have the actual page from the
Traffic Impact Statement that puts the real numbers out there if we
develop the 325 apartments.
September 11, 2018
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CHAIRMAN SOLIS: Three twenty-five, yeah.
MR. YOVANOVICH: You will see your 24-hour volume goes
down by over a thousand, and your peak hour, a.m. and peak-hour
peak, which is what you really measure, likewise, go down.
So if the 325 rental apartments are built as part of this project, it's
a significant reduction over what would be a fully leased-up and
operating shopping center. It's unfair to compare us to what's there
today. You have to compare us to the potential. So if you want to help
address two issues, traffic and housing, this is the project you want to
approve.
CHAIRMAN SOLIS: And the potential is how we permit all of
these things. I mean, it's the potential. And all the traffic counts are
based upon what's the potential.
COMMISSIONER TAYLOR: Well -- and I think when I talked
about density -- and I appreciate that a lot, what you put up there. But
when I'm talking about density, we really are doing this a bite at a
time. Yeah, this is a great idea, and, you know, it's an hour and a half,
two hours at a commission meeting, boom, we're approving it. We're
amending a plan with -- we're taking little bites at the apple, and
suddenly that apple is gone. If we heard anything, we've heard from
folks who are concerned about growth and traffic and density.
And I'm not suggesting that we say no to this. I'm not suggesting
we say yes to this because of it. But I think we're kind of -- I think it's
-- we're due to look at Collier County to figure out what we want from
Collier County and where we want it, and we're not doing that. We're
doing it piecemeal, and that's what concerns me.
CHAIRMAN SOLIS: Well, I'll respectfully disagree, because I
think one of the things that Mr. Bosi was saying is that looking at the
growth and the Growth Management Plan and making these kinds of
changes is something that we have adopted as a policy, right?
COMMISSIONER McDANIEL: Right.
September 11, 2018
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CHAIRMAN SOLIS: To bring the -- instead of having the
person commute 25 miles or five miles, 10 miles, whatever it is, from
Eastern Collier County.
We've adopted, as a policy, that this is a good thing. So we are
pursuing -- as I envision it, we're pursuing the policies that we've
adopted for trying to make a change in where people live and how they
live.
COMMISSIONER TAYLOR: And that's true, but we also are
bringing more people into areas that have not had more people, and
that is the issue for long-term residents -- residential areas that are not
gated -- Ridge Street is a classic example -- and we're doing it without
an overall philosophy of -- we have a philosophy, but I think -- what
I'm asking for, perhaps -- and it's not today -- is to look at the Growth
Management Plan and to start making these changes before people
come in with their great ideas so that we have a handle around what
we're doing, because I don't think we do.
I think we have a nice philosophy here, but two years later that
philosophy could change. And I'm not sure that's what a Growth
Management Plan is about.
CHAIRMAN SOLIS: And I understand what you're saying, and I
think, you know, in a perfect world maybe that would make sense, but
what you're suggesting is that we make Growth Management Plan
changes to private property without the owners coming to us and
asking for those changes.
COMMISSIONER TAYLOR: Isn't that an interesting idea?
Because then what we are doing is planning a county and determining
in advance where we want density, where we want intensity, and
where we don't want it. For instance, if I heard anything from the
Golden Gate folks, they don't want it.
CHAIRMAN SOLIS: I think -- but our Growth Management
Plan, that's what it essentially does. And I'd like to hear from Mr. Bosi
September 11, 2018
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instead of having me try to be the expert.
MR. BOSI: Mike Bosi, Planning and Zoning Director.
And, Chair, you're correct, this type of concept is promoted, and
it's promoted a number of times within our Future Land Use Element.
Think about every one of our activity centers. Those activity centers
are labeled. They're mixed-use activity centers. In practicality, they
have only developed as a single-use commercial.
But as we move forward and as the housing issues become more
pronounced, those mixed-use opportunities, these inclusions of adding
the residential that they always have been intended for, that's the
pattern of development at the intersections of major collector roads.
That's where our growth management says we want these intense
mixed-use projects.
This isn't an activity center by definition in the Future Land Use
Map, but the conditions, two major collector roads, are met by it. So
the spirit, the type of development that's promoted by our Future Land
Use Element by our Future Land Use Map is allocated to this
geographic area with the two major collector roads. This is where we
would expect this type and would hope to promote this type of a use.
We provide for a range of intensities within our Future Land Use
Map. We have the lowest out to the east, where they're conservation,
and then ag is one to five, and then your Golden Gate Estates is one to
two-and-a-quarter acres, and then as you come into the urbanized area,
that increases to a base density of four units per acre.
Within our mixed-use activity centers, we provide for 16 units per
acre. Within a one-mile stretch of that activity center, we have density
bands where you're entitled to three additional units above your base of
four units because we understand that closer to those economic
opportunities we want to place a higher degree of housing within that.
So our Future Land Use Map anticipates and calls for this type of
anticipation. The problem is a majority of folks don't look to your
September 11, 2018
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Growth Management Plan and your Future Land Use Map. They
might look to the zoning.
But if you're really doing your due diligence and look to the
county and how we express where we want to arrange growth, it's our
Future Land Use Map. And what comes -- we allocate, here's the
range of uses, here's the range of activities and intensities that we could
expect. And then the marketplace, the private development with their
specificity of understanding of what the market truly does need, they
fill in the specificity for what that end user is.
From a governmental perspective, we don't have that knowledge,
but we say these range of uses, whether it be community serving,
whether it be neighborhood serving, whether it be regional serving,
here's the appropriate locations, and then it's the private development
that comes in and says, here's -- this needs a Kohl's or this needs a
mixed-use project. That's how our Future Land Use Map allocates,
and then it translates to the zoning side, in the zoning side of the
action.
COMMISSIONER TAYLOR: What does the Future Land Use
Map allow on this site?
MR. BOSI: On this site the Future Land Use Map allows for
commercial designation. It's a subdistrict that was allocated by the
request of the applicant. For commercial use, I can't -- off the top of
my head, there's a total square footage of 164,000 square feet that it
allows for. What they're asking for not only to allow for that
commercial but to add residential as part of that mix to give those
desired effects.
COMMISSIONER TAYLOR: Which the Future Land Use Map
doesn't allow.
MR. BOSI: At the current time the Future Land Use Map does
not --
COMMISSIONER TAYLOR: That's why we probably need to
September 11, 2018
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have a review, because if we had a review and we understood what
we're trying to do instead of doing it piecemeal, it might -- it might be
a better idea for the public, certainly.
MR. BOSI: I have to respectfully disagree, because what the
Future Land Use Map says is at our intersections, our major
intersections, that's where we want to locate our commercial.
They took the step and they added the commercial, but they also
-- the Future Land Use Map says we also want to add commercial and
residential mix, and they're taking it to the next step. They are taking it
towards where our Future Land Use Map would suggest was
appropriate. And then the specifics of the project is what the Planning
Commission and the Board of County Commissioners will evaluate
related to those details.
COMMISSIONER FIALA: You know, we can't solve this at this
meeting because we're just trying to address this one thing. It might be
something that we want to talk about, but I'd just like to make a motion
to approve.
COMMISSIONER McDANIEL: You jumped in front of me, but
I'll second it.
COMMISSIONER FIALA: Oh, okay.
CHAIRMAN SOLIS: And I understand. I think you're talking
about a bigger picture.
COMMISSIONER TAYLOR: A bigger picture, exactly.
CHAIRMAN SOLIS: And I --
COMMISSIONER TAYLOR: A bigger picture. Maybe it's just
a review.
CHAIRMAN SOLIS: That's the bigger picture discussion.
Okay.
COMMISSIONER McDANIEL: Can I say something to that?
There's a motion and a second, and I've been down here while she's
been going on --
September 11, 2018
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CHAIRMAN SOLIS: Well, just -- I just want to make sure I've
got everybody in order. Is that -- have you said everything you wanted
to say?
COMMISSIONER TAYLOR: I didn't think I was "going on."
COMMISSIONER McDANIEL: You were.
CHAIRMAN SOLIS: Well, Commissioner, with all due respect.
Okay.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SOLIS: Are you finished? Okay.
COMMISSIONER McDANIEL: And it's not with disrespect.
CHAIRMAN SOLIS: Commissioner McDaniel, you're next.
COMMISSIONER McDANIEL: Okay. I did. And I did -- and
we have a GMP. We have a Future Land Use Plan. There are vested
-- please lean back. There are vested real property rights that are
existent today, and people do have the right to change those. And just
because your perception is this is being piecemealed, it is not.
The people have the right to adjust their zoning as they go on.
And disagreements with regard to traffic flow and commercial uses
and intensities and those sort of things come with the change in the
demographic that is, in fact, there.
Now, are we remiss oftentimes in the review processes of our
Growth Management Plan, of our existing vested land uses that are
overlays? That has occurred because of economic cycles and the like.
So just because there's -- I mean, just because there's discontent
with regard to a request doesn't mean that we're piecemealing this.
There is a plan, and that's the only point that I wanted to make, with
respect.
COMMISSIONER TAYLOR: And respectfully, I disagree.
COMMISSIONER McDANIEL: Obviously.
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: Just quick. I was going to just say
September 11, 2018
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that this is another example, as I've mentioned a few times, developers
stepping up to the plate and filling a need. We've seen -- and they're
building apartments now in quite a few places. This is a perfect
example, except they're building it right in the hub of business, so I
think it's a good idea.
CHAIRMAN SOLIS: Okay. Thank you.
And my only final comment would be this is, in essence, one of
the things that I think has been recommended through our Community
Housing Plan Study was to do this kind of development to help
address, you know, the housing issues that we have. So I think, again, I
agree with Commissioner Fiala. I commend the owner for coming
forward with this, because this is starting us, I think, in the right
direction, specifically with some of the activity centers and the
possibility of putting in some housing that we need in those areas.
So there's a motion by Commissioner Fiala, a second by
Commissioner McDaniel. Any other discussion?
MR. YOVANOVICH: Is that for both items or --
COMMISSIONER McDANIEL: Well, that was my motion.
COMMISSIONER TAYLOR: You don't have to hear it twice.
MR. YOVANOVICH: No. I just wanted to make sure both
items were in the motion; that's all.
CHAIRMAN SOLIS: Yes. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: All those opposed?
COMMISSIONER TAYLOR: I'm opposed because of the
density issue. I wish we could address it a little bit clearer in this
development. I think 10.6 is probably a little bit too intense at this
point.
September 11, 2018
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I also paid attention to my neighborhood in my district to the
south who talked about improvements to the intersection, which we
need to budget for. That wasn't addressed.
So I feel that -- I look forward to another discussion at another
day when we talk about exactly what we want and where we want it
before it comes to us in the project by project by project.
Thank you.
CHAIRMAN SOLIS: Very good. Thank you. And we are now
ready for a break for our court reporter who has been powering
through.
MR. OCHS: Ten minutes, sir?
CHAIRMAN SOLIS: Ten minutes. We'll come back at 11:15.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mic.
Item #9C
RECOMMENDATION TO ADOPT AN ORDINANCE WHICH
WOULD CREATE THE UNPAVED PRIVATE ROAD
EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT
(MSTU) BY AUTHORIZING A LEVY OF NOT TO EXCEED
ONE (L.0) MIL OF AD VALOREM TAXES PER YEAR -
MOTION TO APPROVE – MOTION FAILED
MR. OCHS: We're on to Item 9C. This is a recommendation to
adopt an ordinance which would create the unpaved private road
emergency repair municipal service taxing unit by authorizing a levy
of not to exceed one mill of ad valorem taxes per year.
Ms. Arnold is available to present or respond to questions and, of
course, Commissioner McDaniel was the original author of this.
COMMISSIONER McDANIEL: And before we go there, I'm
September 11, 2018
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going to make an apology. I said something that potentially could
have been perceived as disrespectful. I meant no disrespect. I'm
having trouble getting used to my new light down here, having an
opportunity to speak, and if my comment earlier was received as
disrespectful, please forgive me.
COMMISSIONER TAYLOR: Apology accepted.
COMMISSIONER McDANIEL: Got it.
Now you may go, and I'll make a motion for approval of this with
one adjustment, if I may. I would like to cap it at .3 mills, not 1.
MS. ARNOLD: For the record, Michelle Arnold, Public Transit
and Neighborhood Enhancement Division director.
This item is being brought back to you because you-all asked us
to evaluate whether or not an MSTU or BU would be appropriate.
Staff's recommendation is to go with a taxing unit where there would
be one millage applied to all properties affected.
The recommendation, too, is also to consider a .5 cap on the
millage as opposed to the 1 mill. So if you want to consider that.
With that the estimated revenues of 293 million, a .5 cap would
be -- would generate approximately 146,000.
MR. KLATZKOW: And for clarity, the ordinance just sets the
cap. The Board --
MS. ARNOLD: Right.
MR. KLATZKOW: -- at its annual budget would set the actual
millage rate, so...
COMMISSIONER McDANIEL: I understand that. I would like
to have it -- I would like to move for approval, and I would like that it
be capped at .3. I understand that we set this on an annual basis, and
the premise is staff's going to come back to us with the actual expenses
and the lot.
I just would like to offer assurance to the folks of that being the
cap. Again, the cap can be adjusted at a later date. We've all learned
September 11, 2018
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that which is created by your Board of County Commissioners can be
adjusted, so...
COMMISSIONER SAUNDERS: I'll second that.
MS. ARNOLD: The only difference, just a point of clarification,
is when you establish the cap for the actual ordinance for creating it,
you -- and then you modify it during the years, you don't have to come
back with an ordinance change. But if you're capping it at .3, you're
coming back with an ordinance change.
COMMISSIONER McDANIEL: And I'm quite comfortable with
that.
MS. ARNOLD: Okay. I just wanted to clarify.
COMMISSIONER McDANIEL: I appreciate that.
CHAIRMAN SOLIS: So there's a motion and a second.
Discussion?
COMMISSIONER FIALA: Yes. I have some questions. So this
says you're not going to pave the road, right? You're only --
MS. ARNOLD: No.
COMMISSIONER FIALA: -- going to fix the holes on the road,
right?
MS. ARNOLD: Correct.
CHAIRMAN SOLIS: I'm sorry.
COMMISSIONER FIALA: Oh, I'm sorry. Go ahead.
COMMISSIONER McDANIEL: No, no, no, please.
CHAIRMAN SOLIS: I'm trying to figure out --
COMMISSIONER McDANIEL: We're all trying to figure out
our new buttons up here.
COMMISSIONER FIALA: Mine works.
CHAIRMAN SOLIS: Yes.
COMMISSIONER FIALA: So say, for instance, the Fire
Department or Sheriff's Office doesn't report that there are big holes in
that road, they continue to pay all of this time without ever -- without
September 11, 2018
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ever getting the holes fixed or anything until somebody reports it, and
we don't know how much they're going to be paying. That's -- I hate to
refer to the stormwater, but without knowledge of how much we're
going to be putting, these people -- and a lot of these places that don't
have roads right now are not in very well-to-do neighborhoods. In
fact, I don't know of much of any, and they would still be required to
be paying into this thing for not having a road, just getting their holes
filled. Somehow I feel very uncomfortable with that.
MS. ARNOLD: The intent is to -- after this first year, to evaluate
it and determine -- you know, look at the amount of revenues that have
been collected as opposed -- for the proposed MSTU, and if there isn't
a need, there has been no issues, no Fire Department, no, you know,
emergency folks coming out to say that there is a problem, then the
millage can be, for a given year, set at zero.
So it's not something that we're continually charging property
owners for if there is no need for it.
COMMISSIONER FIALA: But you start to collect it anyway?
MS. ARNOLD: Yes.
COMMISSIONER FIALA: Even though you haven't evaluated
whether there's a need for it or not?
MS. ARNOLD: Well, there are roads out there currently that
have problems.
COMMISSIONER FIALA: Oh, I know. I've got some in my
area, you know, and one of them, which then the Fire Department has
gone out and figured. But they've contacted the owner of that whole
area, and the owner has fixed it. The people never have had to pay into
it.
Wonder if -- just as there was a penalty for that last subject,
wonder if the people can't afford to pay for it, and we're taxing them
for it, then what happens? It doesn't say anything about that in here.
MR. ARNOLD: Well, if they aren't able to pay their taxes,
September 11, 2018
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they're not paying their taxes.
COMMISSIONER FIALA: No. I'm not saying paying their
taxes. I'm saying pay for this extra tax, MSTU.
CHAIRMAN SOLIS: It will be on the Tax Collector's tax bill,
and the collection process is what it is.
MS. ARNOLD: Right.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER FIALA: And so -- and then, in other words,
they could take the house because they didn't pay this MSTU?
MS. ARNOLD: No.
MR. KLATZKOW: Yes.
CHAIRMAN SOLIS: Yes.
COMMISSIONER McDANIEL: Yes. Eventually.
MR. KLATZKOW: Yes, it's a possibility.
COMMISSIONER McDANIEL: Can I say something, Mr.
Chair?
CHAIRMAN SOLIS: Sure.
COMMISSIONER McDANIEL: You understand there's a
process that goes along with this. If you cannot afford to pay your
taxes, the county tax collector gathers up those unpaid tax bills, creates
a cert and sells those bulk to investors.
COMMISSIONER FIALA: Right.
COMMISSIONER McDANIEL: And then you can't afford to
pay the second year, the same thing happens. You can't afford to pay
the third year, the same happens, and then the recipient of the first year
has that right to call for a tax deed and force the sale of the property to
be repaid the taxes that they have.
It necessarily can be longer, but it's a three- to four-year process,
and that's the system that is in place that we've -- that has been, in fact,
being utilized.
COMMISSIONER FIALA: I understand that.
September 11, 2018
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COMMISSIONER McDANIEL: It's just not drop the hammer
because of --
COMMISSIONER FIALA: Because of a new tax that we feel we
need to put in place, right?
COMMISSIONER McDANIEL: That's correct.
COMMISSIONER FIALA: And they might not use? Well, that's
just what she said. The first year, even though they're going to start
collecting it, they don't know that they really need it. They're going to
-- after a year, they're going to evaluate, right?
COMMISSIONER McDANIEL: And, Commissioner Fiala --
COMMISSIONER FIALA: Yes.
COMMISSIONER McDANIEL: -- this is a known fact. You've
served as our county commissioner, one of them, for coming on 20
years by the end of this term. You know this circumstance exists. We
have immeasurable health, safety, and welfare issues for residents, one
of which is sitting right over there who we have access issues getting
to emergency services to protect the health, safety, and welfare of our
residents.
We have over 105 miles of these roads within our community. It
is, per our ordinances and our laws, the obligation of the property
owners that live and/or own property on these roads to maintain them.
The inequity that has, in fact, transpired over these years is only a few
of us pay.
COMMISSIONER FIALA: What I'm trying to say is, if you've
got a road that's so bad -- and you've spoken to us before, so we
remembered how bad it was, and I think we've even seen pictures, fine,
so you could apply -- there's the difference. This is what I was trying to
say -- apply to have an MSTU put on your road.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER FIALA: And that would be a great thing
because, you know, for the most part, maybe not 50 percent, but most
September 11, 2018
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of the people would agree with doing that and paying into this MSTU,
but for a place that's never had a problem and doesn't expect to have a
problem, not as many are bad -- as bad as that, couldn't they apply
instead of just blanketly --
COMMISSIONER McDANIEL: Well -- and just for your -- and
you know I'm the president of the Corkscrew Island Neighborhood
Association. In excess of 50 of these hundred-plus miles exist right
there in my neighborhood. We provided for an exemption process for
those who wish to care for their --
COMMISSIONER FIALA: Yeah, but did you read it?
COMMISSIONER McDANIEL: Yes, I did. And so we
provided for an exemption process for those that have a maintenance
program on their -- on their road to provide for that capacity to be
exempted from this exposure.
COMMISSIONER FIALA: I won't say any more. I have a vote.
That's a good thing.
COMMISSIONER McDANIEL: Yes, you do.
CHAIRMAN SOLIS: Ms. Taylor; Commissioner Taylor.
COMMISSIONER TAYLOR: Are we sure that we know the
ownership of all of the abutting properties along these roads; is it
clear?
MS. ARNOLD: Yes, we do.
COMMISSIONER TAYLOR: Okay.
MS. ARNOLD: That's a part of what staff did between your last
meeting and now.
COMMISSIONER TAYLOR: Okay. So there's no ambiguity?
MS. ARNOLD: (Shakes head.)
COMMISSIONER TAYLOR: Okay. And I think I understand,
Commissioner Fiala, your concern, because, you know, why should I
pay for a road that -- my road is perfect in front of my house. Why
should I pay for it somewhere else?
September 11, 2018
Page 76
COMMISSIONER FIALA: No, it's not somewhere else. I'm just
even thinking of their own road. You know, if their own road is not
paved -- well, you know, we have a number of them here in this area.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER FIALA: And it's not -- but they don't have
any problems with it.
COMMISSIONER TAYLOR: Right.
COMMISSIONER FIALA: Right? Why should they have to
pay into an MSTU? That's what I'm saying.
COMMISSIONER TAYLOR: I'm interested -- then I would ask
you, sir. You've initiated this.
COMMISSIONER McDANIEL: Well, the rationale is, again, for
those of us that access our properties on a private road. I live at the
end of a mile-long private road. I also own a rock company, and I also
own my own motor grader, so I have an okay road. But for my tenure
there, all of the property owners that receive the benefit of my keeping
my road up, because it's my driveway, don't pay in, don't give -- don't
contribute to the maintenance or the rock or the diesel fuel or my time
while I'm up there jamming on the levers to grade my own road.
And this inequity occurs all over our county. And so we have
vacant property owners that receive the value of others' input. My
neighborhood association three years ago went for a process to do
something just in the sanctuary area, and the folks -- Pastor John
Hanson and his group went out, raised a whole bunch of money, and
people went to the cause, and then, again, only a few put in and many
took advantage of the other people's niceties.
This is a way, with a, relatively speaking, low impact to secure
revenue from everybody that lives on these roads, has property on
these roads, number one. Number two, we already have an MSTU in
the Rock Road area. Our staff has shown that through continued
maintenance, through continued upgrades, the cost to keep those roads
September 11, 2018
Page 77
traversable for emergency services averages less than $2,000 a mile.
Under the current program that we have and have had forever, we are
in excess of $10,000 a mile because we have to declare a state of
emergency, go in, expend a bunch of money, and then tax -- force
those people that are accessing their properties to do that. So there's
multiple rationales for this to come about, so, there.
CHAIRMAN SOLIS: Anything else?
COMMISSIONER TAYLOR: Nope.
CHAIRMAN SOLIS: And your name is on here, but I think
you've said what you wanted to say.
COMMISSIONER McDANIEL: I have.
CHAIRMAN SOLIS: Okay. I'm just going to say what I said
before. Especially in light of the lesson we learned with the
stormwater utility, I just -- I can't support it. And I understand the
concern, but right now we have a system for going in and, if there's a
public safety issue, repairing a road that needs to be repaired.
We're going to be taxing, raising private -- we're going to be
taxing people to have a fund to improve privately owned roads which I
just -- I have a fundamental issue with. And I think if there's anything
that I learned from the stormwater issue is that there are certainly
people that are going to be impacted by this that have chosen to live on
private roads because they didn't want to live on a public road, so --
and I understand the concerns, but I just -- I can't support it.
COMMISSIONER TAYLOR: May I ask a question? What does
it take to change a private road to public?
COMMISSIONER McDANIEL: Oh.
MR. KLATZKOW: Typically, what the county would request is
that everybody on that road be willing to deed the county the
right-of-way, because you have to have the whole road. You can't just
have pieces that are missing.
COMMISSIONER TAYLOR: Is it a majority?
September 11, 2018
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MR. KLATZKOW: No, no, no, it's everybody.
CHAIRMAN SOLIS: Each person.
MR. KLATZKOW: It's everybody, which makes it very, very
difficult.
CHAIRMAN SOLIS: And I think -- also I think the unintended
consequence of this, that I could foresee, is that it will disincentivize
people that would have otherwise maintained the road themselves. I
mean, if I'm going to be paying into an MSTU, why would I ever -- I
would just -- I'm just going to wait for the county to do it, and that's -- I
can just see that happening.
So I've said what I -- I don't want to debate it with you, because I
don't think I'm going to change my mind, but --
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SOLIS: And I understand the issues.
COMMISSIONER McDANIEL: You couldn't be more incorrect.
CHAIRMAN SOLIS: Well --
COMMISSIONER McDANIEL: Just so you know, you couldn't
be more incorrect with regard to that. I mean --
CHAIRMAN SOLIS: So could you.
COMMISSIONER McDANIEL: I have --
CHAIRMAN SOLIS: I understand.
COMMISSIONER McDANIEL: -- lived in these neighborhoods
and work with these people, and your perceptions are incorrect.
CHAIRMAN SOLIS: Well, I know people that live on these
roads as well, and some of them don't want to be taxed to maintain the
road. And I don't think that's incorrect that some people might
disagree with paying taxes to maintain a private road.
So having said that, any other comments? Discussion?
Commissioner -- I'm sorry. Commissioner Saunders.
COMMISSIONER SAUNDERS: Just a quick comment. This is
Commissioner McDaniel's district. He lives there and understands the
September 11, 2018
Page 79
needs, and I'm going to support the motion. I do have concerns about
levying taxes as well, but --
COMMISSIONER McDANIEL: We all do.
COMMISSIONER SAUNDERS: -- I'm going to follow the lead
of the commissioner that has personal knowledge of what's needed out
there.
CHAIRMAN SOLIS: That's it?
Okay. Next is Commissioner Fiala.
COMMISSIONER FIALA: Yes. Michelle?
MS. ARNOLD: Yes.
COMMISSIONER FIALA: Can, say, a development or a road or
whatever opt in to do this and just say, you know, I care about my
road. If they don't care about it on the next road, that's fine, but we
want to pay into an MSTU so that whenever it happens, we've already
got it going. Can that happen? I mean, this way, then, you can take
people that really want to be taxed for it, and you've got them in line
rather than somebody that doesn't have a problem and doesn't think
they'll ever have a problem and they would probably fight it. So is
there a way to do that?
MS. ARNOLD: The way the ordinance is written is to include all
private roads.
COMMISSIONER FIALA: I know. I've read it. Oh, I'm sorry.
Go ahead. Say it anyway.
MS. ARNOLD: All private roads that are unpaved, and if
someone has a maintenance plan and wants to opt out, they can do that.
So we would be taxing all those that are affected, you know, that fall
under that criteria.
COMMISSIONER FIALA: Okay.
CHAIRMAN SOLIS: Any other discussion?
(No response.)
CHAIRMAN SOLIS: There's a motion by Commissioner
September 11, 2018
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Saunders and a second, I believe, by Commissioner McDaniel.
COMMISSIONER SAUNDERS: I think Commissioner
McDaniel made the motion.
CHAIRMAN SOLIS: Other way around?
COMMISSIONER McDANIEL: Six of one.
CHAIRMAN SOLIS: Okay. My bad. Motion by Commissioner
McDaniel, second by Commissioner Saunders. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN SOLIS: Motion, I believe, fails 3-2.
Item #9D
RESOLUTION 2018-154: THE ANNUAL ASSESSMENT
RESOLUTION (1) UPDATING THE CAPITAL COST AND
ASSESSMENTS, AND (2) ADOPTING THE NON-AD VALOREM
ASSESSMENT ROLL FOR THE CASSENA ROAD POTABLE
WATER MUNICIPAL SERVICES BENEFIT UNIT (MSBU)
WHICH WILL PROVIDE FOR CONNECTIONS TO THE
COUNTY’S POTABLE WATER SERVICE TO THE AFFECTED
PROPERTIES – ADOPTED
MR. OCHS: Mr. Chairman, that takes us to Item 9D, which was
previously Item 17G on your summary agenda. This is a
recommendation to adopt the annual assessment resolution updating
the capital cost and assessments and adopting non-ad valorem
assessment roll for Cassena Road potable water municipal service
benefit unit which will provide for connections to the county's potable
September 11, 2018
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water service to the affected properties.
And I think we've moved this at the staff and the County
Attorney's request from summary to regular just to acknowledge that
there were a few of the members of the MSBU that didn't support
going forward, but that's consistent with what we heard from that area
when we initially brought the item in front of the Board to form the
MSBU. There's still a majority plus one, if not more, in support of the
project.
Is that correct, Ms. Arnold?
MS. ARNOLD: That's correct, yeah. Just -- we are moving it
just to meet your policy. If there's one objecting voice, then we don't
keep it on the summary agenda and we move it to regular agenda.
MR. OCHS: I don't know if we have any speakers on this item,
sir.
MR. MILLER: No, sir.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER FIALA: Second.
CHAIRMAN SOLIS: There's a motion and a second.
Discussion?
(No response.)
CHAIRMAN SOLIS: I have a couple questions, just for my own
understanding. How many properties are involved?
MS. ARNOLD: Thirteen properties.
CHAIRMAN SOLIS: And of those 13, how many objected?
MS. ARNOLD: Three.
CHAIRMAN SOLIS: Okay. There's -- I believe there was a
motion and a second. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
September 11, 2018
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COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion's approved.
MS. ARNOLD: Thank you.
MR. OCHS: Mr. Chairman, that takes us to Item 11A.
COMMISSIONER FIALA: You know, could I ask one thing
about this other one?
Now, this morning we gave away a million dollar to buy more
land. Could this money be used -- I realize that's already done, but can
that CDBG money go to fixing something like this without having to
tax the people?
MR. OCHS: Private roads, ma'am, are you talking about?
COMMISSIONER FIALA: The Cassena Road potable water.
MR. OCHS: Ma'am, I believe the improvements have to take
place in income-qualified areas that are marked by specific --
COMMISSIONER FIALA: Yeah --
MR. OCHS: -- ZIP codes.
COMMISSIONER FIALA: -- and I don't know what Cassena
Road is, so...
MR. OCHS: Yeah. It's in Pine Ridge Estates.
COMMISSIONER FIALA: Oh, okay. Never mind.
MR. OCHS: I don't think it would qualify, just offhand.
COMMISSIONER FIALA: Got it.
COMMISSIONER TAYLOR: Just a question. Just the
topography up there or the geography, are the lots a little bit smaller at
that end of Pine Ridge?
CHAIRMAN SOLIS: They are.
COMMISSIONER TAYLOR: So this is health, safety, and
welfare. This is really very, very important.
CHAIRMAN SOLIS: It is; it is. And the owners, you know,
September 11, 2018
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they got together and brought this forward, so -- but they're public
roads.
Item #11A
RESOLUTION 2018-155: AMENDING AND SUPPLEMENTING
RESOLUTION 2017-141 IN CERTAIN RESPECTS, WHICH
RESOLUTION 2017-141 AUTHORIZED THE ISSUANCE BY
COLLIER COUNTY OF TOURIST DEVELOPMENT TAX
REVENUE BONDS FROM TIME TO TIME; AUTHORIZING THE
ISSUANCE OF NOT EXCEEDING $70,000,000 AGGREGATE
PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA
TOURIST DEVELOPMENT TAX REVENUE BONDS, SERIES
2018 IN ORDER TO FINANCE COSTS OF THE
DEVELOPMENT, ACQUISITION, CONSTRUCTION AND
EQUIPPING OF A REGIONAL TOURNAMENT CALIBER
AMATEUR SPORTS COMPLEX; MAKING CERTAIN
COVENANTS AND AGREEMENTS WITH RESPECT TO SAID
BONDS; AUTHORIZING THE AWARDING OF SAID BONDS
PURSUANT TO A PUBLIC BID; DELEGATING CERTAIN
AUTHORITY TO THE COUNTY MANAGER FOR THE AWARD
OF THE BONDS AND THE APPROVAL OF THE TERMS AND
DETAILS OF SAID BONDS; AUTHORIZING THE
PUBLICATION OF A NOTICE OF SALE FOR THE BONDS OR
A SUMMARY THEREOF; AUTHORIZING THE DISTRIBUTION
OF A PRELIMINARY OFFICIAL STATEMENT; APPOINTING
THE PAYING AGENT AND REGISTRAR FOR SAID BONDS;
ESTABLISHING A BOOK-ENTRY SYSTEM OF
REGISTRATION FOR THE BONDS; AUTHORIZING THE
EXECUTION AND DELIVERY OF A CONTINUING
DISCLOSURE CERTIFICATE; AND PROVIDING FOR AN
September 11, 2018
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EFFECTIVE DATE – ADOPTED
MR. OCHS: So 11A, if I may, Mr. Chairman. This is a
recommendation to approve a resolution to authorize the issuance by
Collier County of tourist development tax revenue bonds in an amount
not exceeding $70 million in aggregate principal for the construction
and equipping of a regional tournament caliber amateur sports and
events complex. Mr. Isackson will make the presentation.
MR. ISACKSON: Thank you, County Manager Ochs.
Good morning, Commissioners. Mark Isackson with the Office
of Management and Budget.
The packet page beginning on Page 200 has the executive
summary which lays out all the documents that are required to give
Mr. Casalanguida the amount of money that's necessary for him to
begin the construction phase of the amateur sports complex on roughly
60 acres which we spent $12 million for.
So I'll answer any questions you might have.
CHAIRMAN SOLIS: Any questions?
(No response.)
CHAIRMAN SOLIS: Is there a motion?
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER FIALA: Second.
COMMISSIONER McDANIEL: Third.
COMMISSIONER SAUNDERS: I do have a question.
CHAIRMAN SOLIS: Okay. I'm sorry.
COMMISSIONER TAYLOR: Did you --
COMMISSIONER SAUNDERS: Oh, yeah. I followed the rules.
CHAIRMAN SOLIS: You know, we're going to have to figure
out -- there's a bit of a glare issue, just so you guys know.
COMMISSIONER SAUNDERS: Just a quick question.
One of the policy decisions we made in reference to this bonding
September 11, 2018
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of the fifth penny of the tourist taxes is that we didn't exceed more
than, I think it was, 65 percent of the collections for debt service.
MR. ISACKSON: Well, I actually think the number was
$3,750,000, Commissioner. That was the number that was talked
about during the discussions.
COMMISSIONER SAUNDERS: All right.
MR. ISACKSON: That's about 65 percent, I think, a full one
penny.
COMMISSIONER SAUNDERS: That's what I wanted to get at.
So approximately 35 percent of that fifth penny is available for the
other uses. I just wanted to make sure that we weren't exceeding that.
MR. ISACKSON: No. And I think we pointed that out in the
documentation.
MR. OCHS: You're correct, sir.
CHAIRMAN SOLIS: So there's a motion. I believe there was a
second. Commissioner Fiala, did you second?
COMMISSIONER FIALA: Yes.
CHAIRMAN SOLIS: 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 unanimously.
MR. ISACKSON: Thank you, Commissioners.
COMMISSIONER TAYLOR: Congratulations.
September 11, 2018
Page 86
Item #11B
AUTHORIZING THE PROCUREMENT SERVICES DIRECTOR
TO PROCURE GOODS OR SERVICES FROM VENDORS WHO
HAVE BEEN AWARDED A CONTRACT AS A RESULT OF A
COMPETITIVE SELECTION PROCESS BY A FEDERAL, STATE
OR MUNICIPAL GOVERNMENT, OR ANY OTHER
GOVERNMENTAL AGENCY, POLITICAL SUBDIVISION, OR
GOVERNMENT-RELATED ASSOCIATION OR A
PURCHASING COOPERATIVE PROVIDED THAT THE
ORIGINATING ENTITY UTILIZED A COMPETITIVE PROCESS
SIMILAR TO COLLIER COUNTY’S AND AUTHORIZE THE
COUNTY MANAGER OR DESIGNEE TO SIGN AGREEMENTS
ASSOCIATED WITH THESE PURCHASES – APPROVED
MR. OCHS: Commissioner, that moves us to Item 11B. This
was previously Item 16E6 on your consent agenda. It was moved to
the regular agenda at Commissioner Taylor's request.
It's a recommendation to authorize procurement of goods or
services from vendors who have been awarded a contract as a result of
a competitive selection process by a federal, state, or municipal
government or any other governmental agency provided for a
competitive process similar to Collier County's and to authorize the
Manager to sign these agreements and move forward.
Commissioner, Mr. Coyman is available to make a presentation if
you'd like or just respond to specific questions. Your pleasure.
COMMISSIONER TAYLOR: I think unless the Commission
wants this as a -- let's present it. Then I'll give you -- I think -- that's
what I wanted. I wanted it brought out into the public forum, if you
don't mind, please.
MR. OCHS: Very good. Ted.
September 11, 2018
Page 87
MR. COYMAN: Good morning. For the record, my name is Ted
Coyman. I'm Director of Procurement Services.
The item before you is an annual approval of an authorization to
utilize federal, state, and local contracts in a piggyback fashion and
also to utilize cooperative agreements that have been developed
through buying consortiums.
This is an action item that's required by the procurement
ordinance. The use of cooperatives is identified and allowed within
the ordinance.
So what I'll do, just briefly, is characterize what this is about.
Cooperative purchasing allows the county to taken advantage of
scenarios where there is pooled leverage and demand for products. The
majority of the bond consortiums are solicited nationwide, and they
involve hundreds of agencies across the United States, so the unit
pricing on the items being solicited for tends to be far lower than what
the county could get on its own.
And I guess the best example of that is buying an ambulance.
There are no ambulance providers in the state of Florida that would be
able to provide a competitive price based on some of the national
advertising that has gone on and the pool strength of thousands of
agencies buying ambulances off of this same procurement. So that's
the best example of that.
There are other advantages to using cooperative agreements.
One, as I said, is the aggregated buying power of multiple agencies.
The solicitations are reviewed carefully and they're made sure that they
use a process that mirrors the process the county would have used.
It also results in a price based on volume that would be much
lower than what we could normally achieve on our own.
It also streamlines the process for both the division and the
operating staff. Typically we would invest four to six months on any
particular procurement. So these are procurements that have already
September 11, 2018
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occurred. They've been done on a national level. They involve
volumes and unit pricing that are to the county's advantage.
I mentioned the ordinance, Section 11 of the ordinance.
Paragraph 4 outlines the use of cooperative purchasing. It does take
the two forms I mentioned. One is piggybacking on another agency.
So I'm going to share with you some numbers that indicates how much
of that we do, and then also utilizing the consolidated joint purchases
through consortium.
COMMISSIONER TAYLOR: Mr. Coyman, this is one of the
parts that troubles me: "And services." So that's just goods. It could
be services.
MR. COYMAN: Well, you're correct. That is the language from
the ordinance, but I will talk to you a bit about the implementation or
practice.
So the total county spend for this fiscal year, year to date, is about
2-point -- excuse me -- $247 million in total. About 6 percent of that is
done through cooperative purchasing or 14.7 million.
And you can see from this bar chart that the types of cooperative
purchasing that would be characterized under the ordinance, you see
the Florida Sheriffs Association that we buy from, you see Lee County.
We piggyback a lot of Lee County agreements. You'll also see the
State of Florida. That's the biggest user. And you will also see there
are two national consortiums. One is National IPA and the other is
U.S. Communities. And each of these consortiums, as I said, they will
advertise nationally. They have hundreds of contracts for a wide
variety of services and goods, and they're at unit pricing far lower than
what we could normally get and often for items that we cannot procure
locally.
COMMISSIONER TAYLOR: Where does that -- local first then
we go outside of Collier County, where does that fall in this?
MR. COYMAN: Yes. The office -- procurement office operates
September 11, 2018
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on a couple of premises. One is we want an open, fair, transparent,
competitive process. In all cases, if there's a local firm, we want the
local firm providing the county the goods or service.
It's to everyone's advantage to keep the county's revenue in the
county and to use a local firm. There are cases when -- and I'll bring
up the case of the ambulance. There are no local ambulance
manufacturers or providers.
COMMISSIONER TAYLOR: But what we do is we say, yeah,
but the lowest bidder, you have six -- five respondents to an RFP, I
guess it is, and are bidding on a job, and you have the local folk, but
they may be more expensive than, perhaps, a cooperative and, of
course, you don't go out to bid for a cooperative. I understand that.
But what I'm saying is when you have a local and you have four out of
town, you're going to pick the lowest price. You're not going to pick
the local; isn't that correct?
MR. OCHS: Yes.
MR. COYMAN: The award is based on the lowest price. The
county also has a local-vendor preference in place that allows a local
firm to do a 10 percent price match on a price from an outside firm. So
if they're within 10 percent of a firm from outside, the local firm is
allowed to match that price, and they would then, in fact, get that
award.
COMMISSIONER TAYLOR: So this is after the bids have come
in, you notify the local company and say --
MR. COYMAN: Yes.
COMMISSIONER TAYLOR: -- if you match it within 10
percent. So this is after the fact?
MR. COYMAN: Yes.
COMMISSIONER TAYLOR: Okay.
MR. OCHS: Let's be clear, Commissioners. I don't want any
misunderstanding. That's if we're issuing the specifications, if it's a
September 11, 2018
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county bid.
MR. COYMAN: That's correct.
MR. OCHS: Now, if we're using one of these contracts, we're
going to buy directly from here. That's the point. We don't go through
the time and the administrative effort. We use the volume unit pricing
that's, most cases, cheaper than what we could do on our own. So we
don't go out for that solicitation. We buy off the contract.
COMMISSIONER TAYLOR: And I understand that. I think it's
the services that's got my attention.
MR. COYMAN: Yes. I'd like to comment on that. So the next
slide will indicate, by division, who uses cooperative agreements. So
you'll see Facilities. Fleet, for vehicles, obviously; Growth
Management; IT is a big purchaser of computer equipment and
software; and you'll see the PUD as well; Parks and Rec, to a lesser
extent.
What the majority of these purchases represent are commodities.
Now, I will say that some of the contracts have hourly rates in them
that do allow for installation work. During my tenure, which has been
two years now, I'm only aware of one case where the county was in a
bind and as an interim step utilized one of the cooperatives for
air-conditioning equipment and included the installation labor as part
of that purchase off of the cooperative.
When I talk to my brethren in other procurement offices,
especially in Southwest Florida, the majority of the offices don't do
that. We stay focused on commodities. It's better to bid out the labor --
COMMISSIONER TAYLOR: Right.
MR. COYMAN: -- directly and get a local general contractor to
do that work.
That was done in one case, and it was done because the awarded
contract for HVAC repair and installation work was routing for Board
approval. It was not going to be approved in time to address the
September 11, 2018
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problem that facilities was having, and they were at risk of
jeopardizing the facility with a mold problem by not addressing it. So
I am aware of that.
The direction from my office and from leadership here is that we
use this for commodities. It's limited to 6 percent, approximately, of
the annual spend. It's confined to the major opportunities we outlined,
and not every division takes advantage of it.
COMMISSIONER TAYLOR: So it's limited by 6 percent or it's
been --
MR. COYMAN: That's been historical spend.
COMMISSIONER TAYLOR: That's historical. It's not been
limited -- you're not limiting at all?
MR. COYMAN: No.
MR. OCHS: No. The budget controls.
COMMISSIONER TAYLOR: Okay. Fine. I understand that.
MR. COYMAN: And that's another element the County
Manager's bringing up is that staff are confined to spend the previously
approved budget amounts.
COMMISSIONER TAYLOR: Yes. Yes, of course. I'm not
questioning that at all. I'm just trying to take care of the people who
live here that work here that --
MR. COYMAN: Yes.
COMMISSIONER TAYLOR: -- that are local folks. That's what
I'm trying to do.
MR. OCHS: And on labor and installation, we fully agree. As
Ted said, and except for that one exception or rare exceptions, the real
value for these are on commodity purchases, not labor.
COMMISSIONER TAYLOR: So if -- and this is just I just --
when I was -- the HVAC was reactionary by emergency. You had to
get it done. I understand that. And I'm thinking about our stormwater
where we have all these pipes in the ground.
September 11, 2018
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Ideally, if there was -- we would be proactive to buy the pipes,
but we would be -- there would be a separate entity putting those pipes
in, ideally.
MR. COYMAN: Yes. The preference is to have local general
contractors or utility contractors actually performing the physical
work. The commodity -- the county always has the option of doing a
direct material purchase if we can demonstrate that we can save
money.
For instance, like pipe or valve fittings, we can always use one of
the cooperatives for that if that's to our advantage. But the labor, and
the installation work, the preference is always to have a local firm
doing that work.
COMMISSIONER TAYLOR: Okay, good. I'm quite satisfied.
Thank you.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yeah. And I appreciate the
fact that you showed us the rationale between our aggregate
expenditures and the, relatively speaking, small portion that's impacted
by this.
My question was just if there was a flavor to do a sampling, even
though it's on a small basis, Commissioner Taylor brought it up. But
there's no limits. Our budget dictates how we move through these.
And if we could -- if you were -- if there was a possibility of a
sampling of these piggyback contracts to be put out as an RFP on an
irregular basis just to provide for greater transparency, that we are
meeting the goals and the intent of how we're doing what we're doing.
Did I stop talking too soon?
COMMISSIONER TAYLOR: What was your question? I didn't
understand.
MR. OCHS: I think I understand.
COMMISSIONER McDANIEL: So the question was, is the
September 11, 2018
Page 93
small -- I acknowledge the fact that it's a relatively small portion of the
aggregate expenditure but, be that as it may, there is no limits, as you
pointed out, and it can vary based upon budgetary expenditures and the
like.
So if we added a component of a sample along the way for these
piggyback contracts, though they're a small percentage, if we picked
one or two as we go and did an RFP, we would be able to better show
that we are meeting the prioritizations of local vendors and providing
for the best contract price.
MR. COYMAN: The county -- the county can always do its own
soliciting. And I'll bring up the case of fleet vehicles. We can always
advertise for the purchase of 300 light-weight trucks and analyze those
bids and then compare them to the unit pricing that's available from the
State of Florida or from one of the buying consortiums and then award
-- and then proceed in the direction of the lowest price, I think.
COMMISSIONER McDANIEL: Of course.
MR. COYMAN: I think, historically, the divisions that do this
type of buying have tried that in the past, and that's why they would
immediately opt to go to the lower-price course for large commodities
of that nature.
COMMISSIONER McDANIEL: It was a thought that I had
when I was reading this. I was pleased that you actually pulled the
agenda item for discussion, and I just -- it was a perception that I had
just to ensure.
MR. COYMAN: Well, if I could add to this, these things go
through tremendous scrutiny by me and my staff and the County
Attorney. So we look carefully to see is it something that we can
solicit and, you know, can we get it locally.
If we feel that we can and we think that that makes the most
sense, we do that. When we feel that we can't and then we look at the
buying consortium opportunity, those participatory agreements are
September 11, 2018
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scrubbed very heavily to make sure that they used a process that
mimics ours, that it doesn't take us into an area where we would be in
any way jeopardized by making such a purchase. It is thoroughly
vetted before we would go down that path.
COMMISSIONER TAYLOR: May I?
CHAIRMAN SOLIS: Sure.
COMMISSIONER TAYLOR: When you make the decision to
go ahead, the County Manager's going to do that. Does it appear on
our consent agenda that we've done this? Do we get some kind of
record of it if we wanted to review it on a month-to-month basis?
MR. OCHS: You don't now. I mean, we could send you a report
of our activity on a quarterly basis if you'd like. It doesn't necessarily
have to be an agenda item. I can send that by memorandum and let
you look at the volume on a quarterly basis our consortium purchases,
and then if there's any questions, we'd be happy to answer them or if
you want to, you know, evaluate it after that to some kind of Board
discussion, obviously you can do that.
COMMISSIONER TAYLOR: I would like that. And I'd like it
commodities versus services and -- I would like that very much.
MR. COYMAN: We'd be very happy to do that --
COMMISSIONER TAYLOR: Just to get used to --
MR. COYMAN: -- analysis and bring that forward.
COMMISSIONER McDANIEL: I don't need to see that. I'm
quite pleased with what you're doing. I've been involved in the
procurement process, gone, sat through, watched our staff, watched the
committee selections, sat through those meetings. And so I'm quite
pleased with what -- I just -- when I was reading this, I saw there was a
potential for maybe a jump that wasn't there, and I was thinking more
along the lines of long-term policy setting, Ted, by no -- you're not
going to be here forever, and so if, by policy, we were doing a
sampling of the small percentage, that we would be able to have
September 11, 2018
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assurances that we are doing the best we can with the taxpayers'
money.
MR. COYMAN: I was hoping to stay here another 20 years.
COMMISSIONER McDANIEL: All right. I'm done. Love to
have you forever, but...
COMMISSIONER TAYLOR: Done.
COMMISSIONER McDANIEL: So there you go. That was
where I was thinking.
CHAIRMAN SOLIS: Finished?
Okay. So now we have Commissioner Saunders.
COMMISSIONER SAUNDERS: Yes. Thank you, Mr.
Chairman. I've got a list of 36 questions that we need to go through
with you. Are we ready for a motion?
COMMISSIONER TAYLOR: Yes.
COMMISSIONER McDANIEL: Second.
COMMISSIONER SAUNDERS: I'll make a motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: There's a second. There's a motion and a
second. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: It's approved unanimously.
COMMISSIONER TAYLOR: Thank you very much, County
Manager, for that.
MR. OCHS: It's our pleasure. Thank you.
COMMISSIONER TAYLOR: It was a very good presentation.
September 11, 2018
Page 96
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Mr. Chairman, that takes us to Item 15, staff and
commission general communications.
I will remind the Board we still have, at least tentatively, your
calendars marked for a BCC transit system workshop on November
6th. I know that's election day. When we last visited this before your
summer break, you asked me to bring it back and see if that date still
works or if you want me to find an alternative date for that workshop.
Perhaps December or January, maybe after the holiday would be better
for the Board and for staff for that matter, so...
COMMISSIONER McDANIEL: For this end of the Board.
MR. OCHS: I'm seeing some head nods. But if I can get some
consensus to work this into the January/February time frame instead of
election day, I'd be happy to do that.
COMMISSIONER TAYLOR: I think so, because we may have
-- we may want to have -- the public may want to participant, and from
the tenor at least of the Republican Executive Committee last night,
there's going to be a lot of folks out there working polls and being
active on that day.
MR. OCHS: Yeah, that's true. Okay. Then consider it done.
We'll find a date on your calendar in January or February that's better
suited for this.
That's all I had today, Commissioners. Thank you.
CHAIRMAN SOLIS: Mr. County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN SOLIS: Madam Clerk?
MS. KINZEL: No, thank you. Very good meeting, and thanks to
September 11, 2018
Page 97
everyone for -- the election's over for me, thank goodness.
CHAIRMAN SOLIS: Thank goodness, right. Me, too.
MS. KINZEL: Till 2020, at least.
COMMISSIONER TAYLOR: I'm still on the road.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. I have two.
If you were not aware, we are looking at a hearing for transmittal
of the Golden Gate Area Master Plan in our 25th meeting, and I've
been asked by the residents of Golden Gate Estates to defer that for 90
days.
We have found some holes in the GMP, predominantly revolving
around the right-of-way acquisition for the major node/commercial
node interchanges or intersections in Golden Gate Estates. And the
right-of-way acquisition precludes a property owner within one of
those commercial nodes from qualifying for commercial development
because we've taken too much of their land.
And so we're asking for a revisit there and asked -- and staff --
I've talked to staff. They're okay with it. But with your consent, we'd
like to withhold the transmittal hearings for 90 days and review those
items. You okay with that?
COMMISSIONER TAYLOR: I'm fine.
COMMISSIONER McDANIEL: Positive nods, Leo.
MR. OCHS: Yes, sir. Thank you.
COMMISSIONER McDANIEL: I have to -- I would like to
share something with you that happened to me yesterday; amazingly
humbling experience. I was in Everglades City. Congressman
Diaz-Balart, the deputy secretary of the HUD, Pamela Patenaude;
there's a list of people that were there.
And I'm sitting up front. And the meeting was over and
everybody's done, and I see this woman from the back. She makes eye
contact with me and works her way all the way up to the front; wanted
September 11, 2018
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to see me. And she came up and she -- and forgive me for not being
able to remember her name, but if you'll recall, there was a person who
passed away after our hurricane. That woman was the widow of that
man that went away, and she came and thanked me for our staff
support for the SHIP funding that was afforded to her to help her
rebuild.
So while we're out here talking about all these great wild and
wonderful things, there's a human element there that's, in fact,
transpiring that goes unnoticed on a regular basis.
So I just wanted to share that with you. It's -- I've got to serve as
commissioner for about 18 months now, I think, and it's one of the
most humbling experiences that I've ever had. So -- and there shall be
my end, sir.
COMMISSIONER FIALA: It's a great way to end, isn't it? Boy,
that's a lovely story.
Leo, I was going to ask about that little horsy that needs to be
fixed, but you've taken care of that?
MR. OCHS: Yes, ma'am. We're working on that.
COMMISSIONER FIALA: Do I need approval from the Board
or --
MR. OCHS: No, ma'am. We're on it.
COMMISSIONER FIALA: Okay. Good.
COMMISSIONER McDANIEL: You've got a broken horse?
COMMISSIONER FIALA: Yeah, a broken horse.
I wanted to talk about three things real quickly. One of them is
the Golden Gate Golf Club. We keep reading about it in the paper. We
keep getting letters. We've talked about it. I haven't seen anybody that
didn't think it was a great idea, but we've never moved forward. So
how do we move forward with that?
COMMISSIONER SAUNDERS: We have sort of moved
forward. Staff is getting some appraisal work done. They're talking
September 11, 2018
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with the representatives of the owners. Mr. Yovanovich is their
attorney. And so there is some stuff going on in reference to that.
COMMISSIONER FIALA: Oh, that's great. That's great. Does
anybody know that? I mean, I didn't know it, but --
COMMISSIONER SAUNDERS: Well, the Board approved us
going that way in terms of taking a look at it.
COMMISSIONER FIALA: Yeah, but, see, I didn't know if
anything was moving. Okay. So they're talking to them about that?
MR. KLATZKOW: It's moving.
MR. OCHS: Yeah. You had authorized Mr. Klatzkow to reach
out to the owners there and talk about a potential acquisition.
COMMISSIONER FIALA: And that's been done?
MR. KLATZKOW: It's in the process of being done.
COMMISSIONER FIALA: I mean, you've reached out to them?
MR. KLATZKOW: We have retained an appraiser. The
appraiser is finalizing his appraisal, first draft. When he does that,
we're going to be sitting down with the owner's appraiser. They'll go
over their notes to see that there's some consistency. At that point in
time, we'll have a value, they'll have a value. We'll do some
preliminary negotiation and then come back to the Board.
COMMISSIONER FIALA: Okay. Thank you. Thank you for
that.
As a piggyback to that question -- might as well use it, right?
MR. OCHS: That's right.
COMMISSIONER FIALA: As a piggyback to it, if we move
along with this thing, are we able to submit this to the veterans services
in case they're still looking for a place to build their nursing home,
veterans nursing home? I know this is going back a ways, but...
MR. OCHS: I think it -- you're not prohibited, certainly, from
doing that.
COMMISSIONER FIALA: Oh, okay. I mean, if we have a
September 11, 2018
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positive, that might just give us another little plus to hopefully get it.
COMMISSIONER SAUNDERS: Yeah. The VA has certain
parameters: Proximity to hospitals and that sort of thing.
COMMISSIONER FIALA: Well, see, that's why it's a perfect
place there.
COMMISSIONER SAUNDERS: It may very well be, but --
COMMISSIONER FIALA: Yeah. The last time we didn't make
it because the area that we had selected wasn't close to any of those
things, but this is. Okay. I'm just hoping we get that taken care of.
Okay. The next thing is I've heard a number of times about --
we've all heard about Code Enforcement, and they really need to --
right now -- we had two commissioners here that changed our code
enforcement law so that you couldn't remain anonymous anymore.
You had to give your name, and that has caused some problems for
some people. And I thought just maybe we could discuss that again
and see if this commission feels any different about it, because right
now if the people want to report anything, they could call us if they
want, but they can't call in themselves.
I mean, they can call in as long as they give their names. But in
some instances, they're afraid to do that. And so I just was wondering
if we could discuss that at some point in time. And if you don't want
to, that's okay, but I just wanted to know.
COMMISSIONER McDANIEL: I'd support bringing it back as
something for us to actually talk about. We've talked about it before,
and I like the idea.
COMMISSIONER FIALA: Okay.
COMMISSIONER McDANIEL: So I don't know about the rest
of you.
COMMISSIONER TAYLOR: You don't (sic) think the system
where they can call us and then we report it is a problem? I like the
idea, because then I get to figure out if it's true. I mean, we look into
September 11, 2018
Page 101
that kind of thing.
COMMISSIONER FIALA: Well, we could discuss it, or if you
-- I don't know. I just --
CHAIRMAN SOLIS: I'm in favor of bringing it back and seeing
if it's working.
COMMISSIONER TAYLOR: Just dust it off.
MR. OCHS: It's board policy.
COMMISSIONER SAUNDERS: And Mr. Ochs and I have had
this conversation. I think the board has had this conversation as well.
Code Enforcement is one of the most important things that we can do.
If you have nice beaches and all that, that's wonderful. But if your
neighbors are driving you crazy because of their loud notices and that
sort of thing, the quality of life is bad. So anything we can do to
enhance Code Enforcement I would be supportive.
COMMISSIONER FIALA: Yeah. I'm all for that as well. It
actually helps to clean up a neighborhood.
COMMISSIONER TAYLOR: No question.
COMMISSIONER FIALA: Yes.
Okay. Let's see. Then the third and final one is we've all heard
about sea level rise, but you could call it anything else. The water's
getting higher. There's a lot more rain. Whatever you want to. Are
we -- and maybe we could have a discussion at a future meeting. Are
we on the county level doing anything to prepare ourselves, whether it
be just to move the new houses or the new hotel or whatever farther
away from the shoreline or something like that? Because I think we
should probably get that stuff together. No matter what anybody says,
it is getting closer.
MR. CASALANGUIDA: We're partnering with FGCU and the
professor to do the study right now. They're doing some coastal
modeling to look at it. All of our capital projects takes that into
account. So if there's any capital project that's got a 50-year life span,
September 11, 2018
Page 102
we do a little bit of modeling on rise.
And the way the Board had left it last is we're going to finalize
some preliminary modeling, then bring some planning on board at a
later date to do that.
So we've had some good discussions with the folks at FGCU and
Dr. Shang at FSU or UF, I forget which university he's at.
COMMISSIONER TAYLOR: Yeah. University of Florida and
FGCU.
COMMISSIONER FIALA: And they're wonderful over there.
That's Michael, right?
MR. CASALANGUIDA: Yes.
COMMISSIONER TAYLOR: And the plan is once they get
their study over in a year and a half from now, that it will come back to
us, and then we hopefully will hire a planner or even someone before
so that we can incorporate this within what we're doing for the future.
COMMISSIONER FIALA: Okay. So that prompts me to say --
that's wonderful that you know, that you know. We don't know, and
how many others don't know?
And one thing we forget to do is involve the public with positive
moves that we're making, and we should be doing that. So maybe we
could give a report on it at a commission meeting or something. We've
got a reporter here that could then report that to the public. Anyway,
that's just my suggestion.
And thank you for allowing me this time.
CHAIRMAN SOLIS: Good idea. Just give us a status report.
COMMISSIONER TAYLOR: Me?
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes, three things.
First of all, I did receive a letter from a vendor who's concerned
that we are not really hiring local vendors because local includes Lee
County, and do we want to take a look at that as -- and to review that,
September 11, 2018
Page 103
just that aspect of our procurement ordinance, to discuss local vendors?
Does anybody --
COMMISSIONER McDANIEL: I'd be happy to if you want to,
or did we just go through that with our prior --
MR. OCHS: Yeah.
COMMISSIONER McDANIEL: -- maneuver?
MR. OCHS: Just did that recently, but --
COMMISSIONER TAYLOR: But we included --
MR. OCHS: Yes, for reciprocity because you wanted county
contractors to get the break in Lee County as well.
COMMISSIONER McDANIEL: Right. And are they following
it? I think that may be where she's going.
MR. OCHS: Yes.
COMMISSIONER TAYLOR: Okay. So what I'm going to do
with -- to answer this very concerned person and explain that to them
without -- and then if they want to be heard, that's a whole other thing.
MR. OCHS: You can send them my way, if you'd like, ma'am.
We'd be happy to --
COMMISSIONER TAYLOR: Well, now that I've got your
attention, County Manager, where we are (sic) with this Clam Pass
garage? Because I was cornered by concerned citizens as -- my
understanding, it's -- we're budgeting the money for the receive -- or
the engineering of it, or are we even doing it? And I haven't paid
attention, unfortunately.
MR. OCHS: I think the only thing we're doing is we're having
some preliminary discussions with the Pelican Bay Foundation --
COMMISSIONER TAYLOR: Still there, okay.
MR. OCHS: -- has to give consent to any structure that would go
on there.
COMMISSIONER TAYLOR: Okay. I didn't know.
MR. OCHS: So that's kind of the first step. And it's fairly
September 11, 2018
Page 104
preliminary. It doesn't involve any money. It's just having them look
at some preliminary renderings and kind of looking at the similar
parking structure that was built on the north end of Pelican Bay.
COMMISSIONER TAYLOR: And I apologize; it's been kind of
a vacation that never happened this summer.
MR. OCHS: No. I have an email to respond to you that was
going to go out after this board meeting, so I'll send it your way.
COMMISSIONER TAYLOR: That's good. That's good.
And then the other issue is, we all got an email just recently, but I
can't tell you with the issue of red tide how everyone is talking about
fertilizer. And on the campaign trail, I learned that the C -- Collier
County Planning Commission, CCPC, actually developed an ordinance
for fertilizing. And at the time -- the Commission at the time decided
not to go forward with it. And I want to know if we want to dust that
off and maybe take a look at it.
Also, I've gotten the request at least -- and maybe you've heard it
from Marco, but I've heard it from the City of Naples; they'd like to do
a joint meeting and maybe even Everglades City, because if we're
going to do it, we should do it as a county. One entity doing -- you
know, being stricter in fertilizing is not going to help the rest of the
county or the shoreline.
MR. KLATZKOW: The last time we looked --
COMMISSIONER FIALA: But that doesn't cause red tide, right?
COMMISSIONER TAYLOR: Ma'am, it contributes to it.
COMMISSIONER FIALA: Not until it's to our shores. It starts
way out in the middle of the Gulf of Mexico, and it's been here longer
than any people have lived in the state of Florida.
COMMISSIONER TAYLOR: I know that.
COMMISSIONER FIALA: Okay.
COMMISSIONER SAUNDERS: In reference to that -- and I did
have my light on.
September 11, 2018
Page 105
COMMISSIONER McDANIEL: Yes, you did. And I'll push
mine.
COMMISSIONER SAUNDERS: And it says number one, so
that's why I jumped in there.
COMMISSIONER TAYLOR: Wait a minute. Am I talking or
you? Excuse me. Go ahead.
COMMISSIONER SAUNDERS: In reference to that -- because I
had made a note to bring up the fertilizer issue --
COMMISSIONER TAYLOR: Oh.
COMMISSIONER SAUNDERS: -- as well. As a matter of fact,
it's written right there.
COMMISSIONER TAYLOR: He did. He wrote it down.
COMMISSIONER SAUNDERS: And the reason I --
COMMISSIONER TAYLOR: He wasn't looking at my notes.
COMMISSIONER SAUNDERS: No. And the reason that I
wanted to bring that up is, quite frankly, I was surprised. I thought we
had a local ordinance on fertilizer.
CHAIRMAN SOLIS: I thought we did, too.
MR. OCHS: We do, but it basically mirrors the state ordinance.
COMMISSIONER SAUNDERS: Adopts the state standards.
There are a lot of communities that have their local ordinance, and I
think we should have one.
CHAIRMAN SOLIS: Yeah.
COMMISSIONER SAUNDERS: Whether it causes red tide or
not is not really the issue.
COMMISSIONER FIALA: Right. It does cause the green algae.
COMMISSIONER SAUNDERS: It has other adverse
environmental impacts. And I'd like to -- I think what we should do is
have a workshop where we invite city officials from the City of
Naples. I don't think we have to have a joint meeting, but I think if we
have a workshop and we invite people to come to that workshop from
September 11, 2018
Page 106
the city, Marco Island, from City of Naples, Everglades City as well,
but have -- and have some industry representatives there, because this
will be a very political issue. The fertilizer industry will go crazy.
And the State of Florida has, on many occasions, tried to preempt
regulation of -- local regulation of fertilizers, and I don't think that that
has occurred. I know when I was there in legislature, we kept that
from happening numerous times. But that's an issue that could come
back. So I think we should have a --
MR. KLATZKOW: Well, let me come back to the Board,
because after you left the legislature I think they did precisely that.
COMMISSIONER SAUNDERS: Did they do that? Okay.
MR. KLATZKOW: But I haven't looked at the issue in a number
of years. We had a workshop years ago on this and, unfortunately, the
problem was the preemption issue. But it's been a number of years
since I've looked at it. And let me look at it, and I'll get a memo out to
you on that.
COMMISSIONER TAYLOR: Great. Thank you. And maybe,
County Manager, you could --
CHAIRMAN SOLIS: I'm sorry.
COMMISSIONER TAYLOR: Go ahead.
CHAIRMAN SOLIS: There's -- people have been using their
lights here for this discussion. Did you want to say something about
the fertilizer?
COMMISSIONER McDANIEL: Yes. Well, I did.
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: And I would -- if we're not
statutorily preempted from having -- developing our own ordinance, I
think it's prudent for us to -- and I think Commissioner Taylor's
suggestion that we engage the cities and municipalities to be
participatory in that process is imperative. Everybody has to be
singing to the same tune in order for that to be --
September 11, 2018
Page 107
COMMISSIONER TAYLOR: Correct.
COMMISSIONER McDANIEL: -- accomplished.
So -- and, Commissioner Saunders, you're absolutely correct with
red tide/not red tide contributing to/not contributing to. There are
nutrient contents, and there are some really, really cool -- I mean, I was
president, as you shared, with the SENA (phonetic), and I used -- the
City of Naples has done some really, really amazing initiatives with
natural removers of those toxins that are coming in through the
plumbing system. So it's a -- it would be a benefit no matter what,
so....
COMMISSIONER TAYLOR: Great.
Well -- and then, finally, I'm wondering if we have agreement -- I
hope we do. We had a very interesting and very informative meeting
at our budget with the stormwater utility fee. And I'm wondering -- I
would like to know what's our way going forward. And I'd like to
maybe have a meeting or have that as an agenda item perhaps in
October so that we can assess, okay, where we are and what are we
going to do.
I can't tell you how many people have contacted me to say, we
want to help. You know, phone calls and emails; we want to help. So,
obviously, there's an awareness that it's important. It's just a question
of how are we going to go forward. So I think we need an update and
a clarification. If we're all in agreement, I think it's --
MR. OCHS: Well, Commissioners, I was planning on bringing
that to the Board probably the second meeting in October, because at
the budget hearing you offered as an alternative to keeping that lengthy
meeting going, that I could come back at a later date and provide some
information --
COMMISSIONER TAYLOR: Thank you for that.
MR. OCHS: -- and, more importantly, maybe some
recommendations on how you might want to consider going forward
September 11, 2018
Page 108
or not.
COMMISSIONER TAYLOR: Okay. Good.
MR. OCHS: Okay.
COMMISSIONER TAYLOR: Thank you. And that's it.
COMMISSIONER SAUNDERS: And fertilizer was the only
item on my list. So congratulations to everybody that got elected.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER SAUNDERS: I think this is our first
opportunity at a public meeting to congratulate all three of you.
COMMISSIONER TAYLOR: Madam Clerk.
MS. KINZEL: Thank you.
CHAIRMAN SOLIS: A couple things I had.
One, on the anniversary of the hurricane, I want to congratulate
staff again. And I've actually -- I received a letter -- I think I
forwarded it to you -- from a resident in Collier County kind of looking
back and appreciating the incredible job that the staff did and the
commitment to bringing Collier County back to its feet after the
hurricane.
So I just want to say, again, thanks for a job well done and, knock
on wood, we won't have to do it again.
COMMISSIONER TAYLOR: That was nice.
(Applause.)
MR. OCHS: You may, unfortunately, be in a position of having
to send some folks up to help our neighbors up the coast here in the
not-too-distant future.
COMMISSIONER FIALA: Has it hit there?
MR. OCHS: It's on the way; not yet.
COMMISSIONER TAYLOR: About 1:40; 1:40 something?
CHAIRMAN SOLIS: Then, finally, I would, again, like to thank
my colleagues here for allowing me to phone in for the meeting on
September 11, 2018
Page 109
Thursday and congratulate Commissioner McDaniel for running
probably the most contentious meeting we've had, at least since I've
been on here, and so a job well done, and thanks for allowing me to do
that.
COMMISSIONER FIALA: And let me say, you that were there
with us till the bitter end.
CHAIRMAN SOLIS: I was there.
COMMISSIONER FIALA: And as sick as a dog and miles away
and yet you stayed with us the whole time. So, you know, there's a pat
on the back for you, too.
CHAIRMAN SOLIS: And I will say the utility of the mute
button on a cell phone cannot be understated because --
COMMISSIONER TAYLOR: Because you were drinking beer
in a bar.
CHAIRMAN SOLIS: Right. I did get an email --
COMMISSIONER McDANIEL: Absolutely wrong.
CHAIRMAN SOLIS: It was -- there was a lot of sound effects
you probably didn't want to hear, so...
COMMISSIONER TAYLOR: Yeah, yeah, yeah.
CHAIRMAN SOLIS: Thank you very much. I appreciate it. We
are adjourned.
MR. OCHS: Yes, sir.
**** Commissioner Saunders moved, seconded by Commissioner
McDaniel and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
FOR REGENCY AUTOHAUS, PL20160002378, AND TO
September 11, 2018
Page 110
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,802.70 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION
BY STAFF IN COORDINATION WITH PUBLIC FACILITIES
WAS CONDUCTED ON JUNE 15, 2018, AND FOUND TO BE
SATISFACTORY AND ACCEPTABLE
Item #16A2
FINAL ACCEPTANCE OF THE SEWER FACILITIES FOR LANE
PARK, PL20160003552, ACCEPT UNCONDITIONAL
CONVEYANCE OF A PORTION OF THE SEWER FACILITIES,
AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $7,766 TO THE PROJECT ENGINEER OR
THE DEVELOPER’S DESIGNATED AGENT – FINAL
INSPECTION BY STAFF IN COORDINATION WITH PUBLIC
FACILITIES WAS CONDUCTED ON JUNE 20, 2018, AND
FOUND TO BE SATISFACTORY AND ACCEPTABLE
Item #16A3
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR GOLF CLUB OF THE EVERGLADES
PHASE 1B, PL20160000995, ACCEPT UNCONDITIONAL
CONVEYANCE OF THE POTABLE WATER FACILITIES, AND
A PORTION OF THE SEWER FACILITIES, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
September 11, 2018
Page 111
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION
BY STAFF IN COORDINATION WITH PUBLIC FACILITIES
WAS CONDUCTED ON JUNE 21, 2018, AND FOUND TO BE
SATISFACTORY AND ACCEPTABLE
Item #16A4
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR TUSCANY POINTE PHASE 2, PL20170000588 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION
BY STAFF IN COORDINATION WITH PUBLIC FACILITIES
WAS CONDUCTED ON JUNE 22, 2018, AND FOUND TO BE
SATISFACTORY AND ACCEPTABLE
Item #16A5
FINAL ACCEPTANCE OF THE POTABLE WATER FACILITIES
FOR VANDERBILT COUNTRY CLUB PHASE 2 – FITNESS
CENTER, PL20140000162, ACCEPT UNCONDITIONAL
CONVEYANCE OF A PORTION OF THE POTABLE WATER
FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $6,708.92 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
September 11, 2018
Page 112
AGENT - FINAL INSPECTION BY STAFF IN COORDINATION
WITH PUBLIC FACILITIES WAS CONDUCTED ON MAY 27,
2016, AND FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A6
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR LEGACY ESTATES, PL20160001545 AND TO AUTHORIZE
THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE
THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT - FINAL INSPECTION BY STAFF IN
COORDINATION WITH PUBLIC FACILITIES WAS
CONDUCTED ON JULY 6, 2018, AND FOUND TO BE
SATISFACTORY AND ACCEPTABLE
Item #16A7
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR AZURE AT HACIENDA LAKES PHASE B, PL 20170000515
AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN
THE TOTAL AMOUNT OF $4,000 TO THE PROJECT
ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT -
FINAL INSPECTION BY STAFF IN COORDINATION WITH
PUBLIC FACILITIES WAS CONDUCTED ON AUGUST 1, 2018,
AND FOUND TO BE SATISFACTORY AND ACCEPTABLE
September 11, 2018
Page 113
Item #16A8
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR KALEA BAY PHASE 1A,
PL20150000790, ACCEPT UNCONDITIONAL CONVEYANCE
OF A PORTION OF THE POTABLE WATER AND SEWER
FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $11,091.79 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT - FINAL INSPECTION BY STAFF IN COORDINATION
WITH PUBLIC FACILITIES WAS CONDUCTED ON MAY 25,
2018, AND FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A9
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR BENT CREEK PRESERVE
RECREATION FACILITY, PL20170000342, ACCEPT
UNCONDITIONAL CONVEYANCE OF A PORTION OF THE
POTABLE WATER FACILITIES, AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $6,376.24
TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT - FINAL INSPECTION BY STAFF IN
COORDINATION WITH PUBLIC FACILITIES WAS
CONDUCTED ON JULY 30, 2018, AND FOUND TO BE
SATISFACTORY AND ACCEPTABLE
September 11, 2018
Page 114
Item #16A10
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR MOCKINGBIRD CROSSINGS PHASE 2, PL20160000952
AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN
THE TOTAL AMOUNT OF $4,000 TO THE PROJECT
ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT -
FINAL INSPECTION BY STAFF IN COORDINATION WITH
PUBLIC FACILITIES WAS CONDUCTED ON JULY 30, 2018
AND FOUND TO BE SATISFACTORY AND ACCEPTABLE
Item #16A11
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE SEWER UTILITY FACILITIES FOR BREEZE OF
CALUSA, PL20150002733 AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO
THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT - FINAL INSPECTION BY STAFF IN
COORDINATION WITH PUBLIC FACILITIES WAS
CONDUCTED ON JULY 30, 2018, AND FOUND TO BE
SATISFACTORY AND ACCEPTABLE
Item #16A12
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
September 11, 2018
Page 115
FOR AZURE AT HACIENDA LAKES PHASES A1 AND A2, PL
20160003517 AND TO AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT
ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT –
FINAL INSPECTION BY STAFF IN COORDINATION WITH
PUBLIC FACILITIES WAS CONDUCTED ON AUGUST 1, 2018,
AND FOUND TO BE SATISFACTORY AND ACCEPTABLE
Item #16A13
RESOLUTION 2018-139: 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 FIVE AVIAMAR, UNIT ONE, APPLICATION
NUMBER AR-6552; AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A14
RESOLUTION 2018-140: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE
PLAT DEDICATIONS, FOR THE FINAL PLAT OF VIANSA AT
TALIS PARK, APPLICATION NUMBER 20150001986, AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A15
September 11, 2018
Page 116
RECORD THE MINOR FINAL PLAT OF EGRETS CROSSING,
APPLICATION NUMBER PL20180000399 – LOCATED IN
SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST
Item #16A16
RECORD THE MINOR FINAL PLAT KOPPER'S SUBDIVISION,
APPLICATION NUMBER PL20180001836 – LOCATED IN
SECTION 20, TOWNSHIP 49 SOUTH, RANGE 26 EAST
Item #16A17
A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
(PARCEL 127TCE) NECESSARY FOR THE CONSTRUCTION
OF THE STORMWATER IMPROVEMENTS IN THE
NORTHWEST QUADRANT OF GOLDEN GATE CITY
(PROJECT NO. 51029) (FISCAL IMPACT: APPROXIMATELY
$3,000) – FOLIO #36372640007
Item #16A18
QUITCLAIM DEED FROM SOUTH FLORIDA WATER
MANAGEMENT DISTRICT CONVEYING 51.18 ACRES + OF
LAND (PARCEL 120FEE) ADJACENT TO LAKE TRAFFORD IN
IMMOKALEE (IMMSIP PROJECT #60143) (ESTIMATED
FISCAL IMPACT: $44) – FOR THE FOLLOWING FOLIO’S:
#00053960003, #00059640000, #53504880003, #53504920002 AND
#53504960004
Item #16A19
September 11, 2018
Page 117
AWARD BID #18-7286 TO FLORIDA SAFETY CONTRACTORS,
INC., FOR THE "GOODLETTE-FRANK ROAD AT
FLEISCHMANN BOULEVARD ROADWAY AND
SIGNALIZATION IMPROVEMENTS" (PROJECT #60172.6) IN
THE AMOUNT OF $888,697.31, AND AUTHORIZE THE
CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENT –
AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A20
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $62,000 WHICH WAS POSTED AS
A DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20160001621) FOR WORK
ASSOCIATED WITH FRONTERRA PHASES 1 AND 2
Item #16A21
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.111,
PL20130002403 FOR WORK ASSOCIATED WITH ALL
SEASONS
Item #16A22
AN EASEMENT USE AGREEMENT (AGREEMENT) FOR LOT
1, LANDINGS AT BEAR’S PAW, ACCORDING TO THE PLAT
THEREOF AS RECORDED AT PLAT BOOK 56, PAGES 5
THROUGH 6 OF THE PUBLIC RECORDS OF COLLIER
COUNTY – LOCATED AT 1645 VINLAND WAY
September 11, 2018
Page 118
Item #16A23
A FLORIDA POWER & LIGHT COMPANY RIGHT- OF-WAY
CONSENT AGREEMENT AND ACCOMPANYING
MEMORANDUM REQUIRED FOR THE REPLACEMENT OF
THE PINE RIDGE CANAL WEIR (PROJECT NO. 60119)
(ESTIMATED FISCAL IMPACT: $217)
Item #16A24
RECOGNIZE FUNDING FROM A MULTI-YEAR JOINT
PARTICIPATION AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND THE COLLIER
METROPOLITAN PLANNING ORGANIZATION THAT
INCLUDES FEDERAL PASS-THROUGH 49 USC § 5305(D)
FUNDING TO PROVIDE FOR THE MPO’S PARTICIPATION IN
FIXED ROUTE TRANSIT PLANNING ACTIVITIES AS
DESCRIBED IN THE MPO’S UNIFIED PLANNING WORK
PROGRAM AND TO AUTHORIZE NECESSARY BUDGET
AMENDMENTS FOR GRANT REVENUE IN THE AMOUNT OF
$127,862 AND A LOCAL MATCH IN THE AMOUNT OF $14,207
– THE TERMS OF THIS AGREEMENT MUST BE COMPLETED
ON OR BEFORE DECEMBER 31, 2018
Item #16A25
A WORK ORDER WITH APTIM ENVIRONMENTAL &
INFRASTRUCTURE, INC. TO PROVIDE PROFESSIONAL
ENGINEERING SERVICES TO DEVELOP A COASTAL
PROGRAM HISTORY AND CONTINUITY PLAN UNDER
September 11, 2018
Page 119
CONTRACT #15-6382 FOR A TIME AND MATERIAL NOT TO
EXCEED AMOUNT OF $79,556, AUTHORIZE A BUDGET
AMENDMENT, AUTHORIZE THE CHAIRMAN TO EXECUTE
THE WORK ORDER WITH APTIM ENVIRONMENTAL &
INFRASTRUCTURE, INC. AND MAKE A FINDING THAT THIS
ITEM PROMOTES TOURISM (PROJECT NO. 80165)
Item #16A26
AN AGREEMENT AND ALL ATTENDANT DOCUMENTS
BETWEEN THE DEPARTMENT OF THE ARMY, U.S. ARMY
CORPS OF ENGINEERS (USACE) AND COLLIER COUNTY
FOR THE COLLIER COUNTY FEASIBILITY SHORELINE
PROTECTION STUDY TO COOPERATIVELY INVESTIGATE
LONG TERM FEDERAL SHORELINE PROTECTION WITHIN
COLLIER COUNTY, FLORIDA
Item #16A27
THE CHAIRMAN TO EXECUTE AGREEMENT NO. 19CO1
WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION BUREAU OF BEACHES AND COASTAL
SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE
PROGRAM FOR DREDGING OF WIGGINS PASS, AND MAKE
A FINDING THAT THIS ITEM PROMOTES TOURISM
Item #16A28
RESOLUTION 2018-141: A RESOLUTION SUPPORTING THE
COUNTY’S APPLICATIONS TO FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR LONG RANGE
September 11, 2018
Page 120
BUDGET PLAN REQUESTS FOR BEACH RENOURISHMENT
PROJECTS FOR FISCAL YEAR 2019/2020. THIS ACTION
MAINTAINS THE COUNTY'S ELIGIBILITY FOR STATE COST
SHARE FUNDING FOR FUTURE RENOURISHMENT
PROJECTS
Item #16A29
AFTER-THE-FACT ACCEPTANCE OF A GRANT AWARD
FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION UNDER THE BULK DERELICT VESSEL
REMOVAL PROGRAM IN THE AMOUNT OF $42,500 AND
AUTHORIZE NECESSARY BUDGET AMENDMENT (PROJECT
NO 33577) – FOR THE REMOVAL OF THREE VESSELS
Item #16A30
AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF
THREE (3) BEACH AND INL ET MANAGEMENT FINANCIAL
ASSISTANCE GRANT APPLICATIONS TO THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
NORTH COUNTY BEACHES, SOUTH MARCO ISLAND
BEACH, AND THE WIGGINS PASS INLET
Item #16B1
AN AGREEMENT BETWEEN COLLIER COUNTY AND THE
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY (BAYSHORE GATEWAY TRIANGLE) TO ACCEPT
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK
September 11, 2018
Page 121
GRANT FUNDS IN THE AMOUNT OF $227,960 FOR THE
BAYSHORE GATEWAY TRIANGLE FIRE SUPPRESSION
INFRASTRUCTURE PROJECT, AUTHORIZE THE CHAIRMAN
OF THE BOARD TO SIGN THE GRANT AGREEMENT,
EXECUTE ALL NECESSARY FORMS AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT – FOR WATER LINES
AND INSTALLING OR UPGRADING FIRE HYDRANTS ALONG
BECCA AVENUE AND PINE STREET
Item #16B2
THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (BCC) ACTING AS THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) APPROVE AN
AGREEMENT WITH COLLIER COUNTY TO ACCEPT
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS IN THE AMOUNT OF $200,000 FOR THE FOR THE
IMMOKALEE CRA SIDEWALKS PROJECT, AUTHORIZES THE
CHAIRMAN OF THE BOARD TO SIGN THE GRANT
AGREEMENT, AND AUTHORIZE NECESSARY BUDGETS
AMENDMENTS – FOR THE SIDEWALKS ALONG CARVER
STREET, SOUTH FIFTH STREET TO FIRST STREET AND
SOUTH FIFTH STREET FROM EUSITIS AVE TO DELAWARE
AVENUE
Item #16B3
THE BOARD OF COUNTY COMMISSIONERS, ACTING AS
THE COMMUNITY REDEVELOPMENT AGENCY BOARD
(CRAB), APPROVE THE RELOCATION OF THE BAYSHORE
GATEWAY TRIANGLE CRA OFFICE TO 2348 PINELAND
September 11, 2018
Page 122
AVENUE, APPROVE A NEW OFFICE LEASE AGREEMENT
WITH CHRISHELLE III, LLC, AND AUTHORIZE THE
CHAIRMAN TO SIGN – PROVIDING LONG-TERM OFFICE
SPACE FOR STAFF AND COMMUNITY MEETINGS
Item #16B4
STAFF TO ADVERTISE AN ORDINANCE AMENDING
ORDINANCE 97-82, AS AMENDED, WHICH CREATED THE
BAYSHORE BEAUTIFICATION MUNICIPAL SERVICE
TAXING UNIT, TO EXPAND THE DISTRICT BOUNDARY TO
INCLUDE COUNTY OWNED RIGHT-OF-WAY IDENTIFIED
FOR THE PURPOSE OF CONSTRUCTING PEDESTRIAN
STREETSCAPE IMPROVEMENTS WITHIN THE RIGHT-OF-
WAY ALONG THOMASSON DRIVE
Item #16C1
AN AGREEMENT BETWEEN THE DIOCESE OF VENICE IN
FLORIDA, QUALITY ENTERPRISES, INC. AND COLLIER
COUNTY TO CONSTRUCT A GRAVITY WALL TO ADDRESS
AN UNSAFE SLOPE CONDITION ON A WASTE WATER PUMP
STATION RELOCATION PROJECT – THAT IS CURRENTLY
LOCATED AT SAINT PETER THE APOSTLE CATHOLIC
CHURCH ON RATTLESNAKE HAMMOCK ROAD PROPERTY
Item #16C2
AWARD INVITATION TO BID #18-7362, NORTH COUNTY
REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS
SKID INSTRUMENT UPGRADE, TO HARN RO SYSTEMS,
September 11, 2018
Page 123
INC., IN THE AMOUNT OF $189,177 (PROJECT NUMBER
71066)
Item #16C3
AWARD INVITATION TO BID #18-7396 “PUBLIC UTILITIES
TOWER PACKING MEDIA REPLACEMENT” TO
HARRINGTON INDUSTRIAL PLASTICS LLC, IN THE UNIT
AMOUNT OF $8.10 PER CUBIC FOOT FOR THE PURCHASE
OF REPLACEMENT DEGASIFICATION AND ODOR CONTROL
TOWER PACKING MEDIA AT THE NORTH AND SOUTH
COUNTY REGIONAL WATER TREATMENT PLANTS
Item #16C4
FIRST AMENDMENT TO GROUND LEASE AGREEMENT AND
MEMORANDUM OF LEASE WITH THE VERIZON WIRELESS
PERSONAL COMMUNICATIONS LP D/B/A VERIZON
WIRELESS AT EAST NAPLES COMMUNITY PARK –
EXTENDING THE LEASE TERM SFOR AN ADDITIONAL
TWENTY-FIVE YEARS (INCLUDES ALL RENEWAL
OPTIONS), INCREASEING THE RENT TO $48,000 BEGINNING
JANUARY 2018 WITH A 20% INCREASE IN RENT THE FIFTH
YEAR AND EACH RENEWAL TERM AND PROVIDE THE
COUNTY WITH A ONE-TIME CONTRIBUTION OF $10,000
Item #16C5
AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A
BEARWISE FUNDING GRANT APPLICATION TO THE
FLORIDA FISH AND WILDLIFE CONSERVATION
September 11, 2018
Page 124
COMMISSION (FWC) FOR THE IMPLEMENTATION OF THE
BEAR RESISTANT TRASH ROLL CART PROGRAM IN THE
AMOUNT OF $100,000
Item #16C6
AN AGREEMENT TO PROVIDE PARTIAL FUNDING TO THE
GREATER NAPLES FIRE AND RESCUE DISTRICT, A SPECIAL
DISTRICT CREATED BY LAWS OF FLORIDA, CHAPTER 2014-
240, FROM REVENUE DERIVED FROM THE GAC LAND
SALES, TO PURCHASE A BRUSH TRUCK IN THE AMOUNT
OF $106,362.72, AND TO AUTHORIZE A BUDGET
AMENDMENT TO TRANSFER THE FUNDS – TO BE HOUSED
AT STATION 71, LOCATED ON 13TH STREET SW IN GOLDEN
GATE ESTATES
Item #16C7
A $351,250 WORK ORDER UNDER REQUEST FOR
QUOTATION #14-6213-127 TO QUALITY ENTERPRISES USA,
INC., FOR THE SRO WELLFIELD FLOW METER
REPLACEMENT PHASE II PROJECT NO. 70085 AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT – TO
MAINTAIN THE RAW WATER SUPPLY FOR THE REVERSE
OSMOSIS SYSTEM AT THE SOUTH COUNTY REGIONAL
WATER TREATMET PLANT
Item #16C8
PAYMENT TO CARRIER RENTAL SYSTEMS IN THE
AMOUNT OF $4,881 UNDER EMERGENCY PURCHASE
September 11, 2018
Page 125
ORDER #4500187611 FOR THE EMERGENCY RENTAL OF
TWO HVAC UNITS SERVICING THE IMMOKALEE SPORTS
COMPLEX
Item #16C9
CHANGE ORDER NO. 5 FOR CONTRACT #16-6638 WITH
MITCHELL & STARK CONSTRUCTION CO., INC., TO ADD 20
DAYS AND $481,571.05 TO THE VANDERBILT DRIVE CUL-
DE-SACS PUBLIC UTILITY RENEWAL PROJECT (PROJECT
NO. 70122), AND TO AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS
Item #16C10
PAYMENT FOR THE NEGOTIATED AMOUNT OF $573,090.94
TO ASHBRITT ENVIRONMENTAL SERVICES, INC., FOR
EMERGENCY MOBILIZATION/DEMOBILIZATION, MARKUPS
AND RENTAL OF GENERATORS DURING THE HURRICANE
IRMA STORM RELATED RESPONSE
Item #16C11 – Withdrawn (Per Agenda Change Sheet);
Remained on Agenda (Per County Manager during Agenda Changes)
TECHNICAL ASSISTANCE TO EVERGLADES CITY AS THE
CITY’S CONSULTANT REGARDING MANAGEMENT OF THE
EVERGLADES CITY UTILITY SYSTEM IN ACCORDANCE
WITH THE TECHNICAL ASSISTANCE INTERLOCAL
AGREEMENT BETWEEN THE COUNTY, THE COLLIER
COUNTY WATER-SEWER DISTRICT, AND THE CITY OF
EVERGLADES CITY AS APPROVED BY THE BOARD OF
September 11, 2018
Page 126
COUNTY COMMISSIONERS ON DECEMBER 12, 2017
(AGENDA ITEM #11E) – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16D1
THE CONVEYANCE OF A BUS STOP SHELTER REVOCABLE
EASEMENT ON PROPERTY OWNED BY CIRCLE K STORES,
INC. – FOR AN ADA COMPLIENT BUS STOP SHELTER
LOCATED AT 1033 AIRPORT-PULLING RD. SOUTH
Item #16D2
A BUDGET AMENDMENT RECOGNIZING
$63,796.11 IN REVENUE RECEIVED UNDER THE HOME
INVESTMENT PARTNERSHIP (HOME) PROGRAM
Item #16D3
A BUDGET AMENDMENT RECOGNIZING
$361,101.19 OF STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) PROGRAM INCOME FOR FISCAL YEAR 2017/2018 –
FOR HOUSING STRAGITIES FOR THE LOW TO MEDERATE
INCOME PERSONS THROUGH THE SHIP PROGRAM
Item #16D4
A BUDGET AMENDMENT INCREASING THE FY 2017-2018
STATE HOUSING INITIATIVE PARTNERSHIP (SHIP)
PROGRAM ALLOCATION BY $6,011– FOR HOUSING
STRAGITIES FOR THE LOW TO MEDERATE INCOME
September 11, 2018
Page 127
PERSONS THROUGH THE SHIP PROGRAM
Item #16D5
THREE (3) SATISFACTION OF MORTGAGE FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN
PROGRAM FOR PAYMENT IN THE AMOUNT OF $32,224.68 –
LOCATED AT 1205 ALLEGIANCE WAY, IMMOKALEE; 7419
BRISTOL CIRCLE, NAPLES AND 3751 JUSTICE CIRCLE,
IMMOKALEE
Item #16D6
NINETEEN (19) MORTGAGE SATISFACTIONS FOR THE
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN
PROGRAM IN THE COMBINED AMOUNT OF $163,500 –
LOCATED AT 200 TURTLE LAKE COURT #106, NAPLES;
12154 AMERIOUS LANE, NAPLES; 3520 45TH AVE NE,
NAPLES; 3787 JUSTICE CIRCLE, IMMOKALEE; 4287 23RD AVE
SW, NAPLES; 3560 RANDALL BLVD, NAPLES; 5352
GILCHRIST ST, NAPLES; 5232 19TH PLACE SW, NAPLES; 5229
JENNINGS ST, NAPLES; 1163 SERENITY WAY, IMMOKALEE;
5237 JOHNS ST, NAPLES; 2731 EDEN AVE, IMMOKALEE; 4005
CINDY AVE, NAPLES; 755 41ST AVE SW, NAPLES; 5358
TRAMMEL ST, NAPLES; 1012 RIDGE ST, NAPLES; 5181 20TH
ST SW, NAPLES AND 3440 22ND AVE NE, NAPLES
Item #16D7
FIVE (5) RELEASES OF LIEN IN THE AMOUNT OF $62,381.51
FOR FULL PAYMENT OF THE DEFERRAL OF 100 PERCENT
September 11, 2018
Page 128
OF COUNTYWIDE IMPACT FEES FOR OWNER-OCCUPIED
AFFORDABLE HOUSING DWELLING UNITS – LOCATED AT
3787 JUSTICE CIRCLE, IMMOKALEE; 4430 BONTANICAL
PLACE #304, NAPLES; 3568 LIBERTY WAY, IMMOKALEE;
3803 JUSTICE CIRCLE (SLIGER), IMMOKALEE AND 3803
JUSTICE CIRCLE (HABITAT FOR HUMANITY), IMMOKALEE
Item #16D8
THE CHAIRMAN TO SIGN TWO (2) RELEASES OF LIEN FOR
AN AFFORDABLE HOUSING DENSITY BONUS (AHDB)
AGREEMENT FOR UNITS SOLD WHICH ARE NO LONGER
SUBJECT TO THE TERMS OF THE AGREEMENT - FOLIO
#24778006448 AND FOLIO #24680903684
Item #16D9
FIVE (5) STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM IMPACT FEE RELEASES OF LIEN IN THE
AMOUNT OF $33,531.04 FOR THE ASSOCIATED OWNER-
OCCUPIED AFFORDABLE HOUSING DWELLING UNIT
WHERE THE OBLIGATION HAS BEEN REPAID IN FULL OR
THE TERM HAS BEEN MET – LOCATED AT 5223 COLLINS
STREET, NAPLES; 14681 APALACHEE STREET, NAPLES; 5341
GILCHRIST STREET, NAPLES; 1163 SERENITY WAY,
IMMOKALEE AND 12154 AMERICUS LANE, NAPLES
Item #16D10
THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
ANNUAL REPORTS AND LOCAL HOUSING INCENTIVE
September 11, 2018
Page 129
CERTIFICATION FOR CLOSEOUT FISCAL YEAR 2014/2015
AND INTERIM FISCAL YEARS 2015/2016, 2016/2017, AND
2017/2018 TO ENSURE COMPLIANCE WITH PROGRAM
REQUIREMENTS – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16D11
RESOLUTION 2018-142: A RESOLUTION AUTHORIZING AND
APPROVING A RELEASE, ASSIGNMENT, AND ASSUMPTION
OF AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY WITH THE
TRANSFEROR, TUSCAN ISLE COMMUNITY, LTD., FOR
PROPERTY LOCATED WITHIN THE SADDLEBROOK PUD
Item #16D12
ACKNOWLEDGE, ACCEPT, AND APPROPRIATE A NON-
CASH CHARITABLE BOOK COLLECTION DONATION TO
BENEFIT THE COLLIER COUNTY PUBLIC LIBRARY, AND
AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE, TO
SIGN IRS FORM 8283 FOR DOCUMENTING CHARITABLE
CONTRIBUTIONS – FOR A COLLECTION OF 3,987 BOOKS
THAT WERE INDEPENDENTLY APPRAISED FOR $9,816.50
Item #16D13
AUTHORIZE BUDGET AMENDMENTS CARRYING
FORWARD AND RE-APPROPRIATING THE BUDGET
PROVIDED FOR CONSERVATION COLLIER LAND
September 11, 2018
Page 130
ACQUISITIONS
Item #16D14
A REVISED AGREEMENT FOR SALE AND PURCHASE WITH
ORLANDO V. BUENO AND MARGARITA C. COSTA, AS
PERSONAL REPRESENTATIVE OF THE ESTATE OF CLAUDIO
COSTA, DECEASED, FOR 2.73 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM
AT A COST NOT TO EXCEED $35,400 – FOLIO #39957760008
Item #16D15
THE ELECTRONIC SUBMITTAL OF A FUNDING ASSISTANCE
PROPOSAL TO THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION’S (FWC) INVASIVE PLANT
MANAGEMENT SECTION (IPMS) FOR CONTRACTOR
SERVICES WORTH $208,000 DURING FY2019 TO TREAT
INVASIVE EXOTIC VEGETATION WITHIN CONSERVATION
COLLIER’S PEPPER RANCH, RED MAPLE SWAMP, AND WET
WOODS PRESERVES
Item #16D16
AWARD INVITATION TO BID (ITB) #18-7376 “NON-BULK
CHEMICALS, REAGENTS, AND POOL SUPPLIES” TO
MULTIPLE AWARDEES: CATEGORY 1 - NON-BULK
CHEMICALS TO HAWKINS, INC.; CATEGORY 2 - REAGENTS
TO COMMERCIAL ENERGY SPECIALIST; AND CATEGORY 3
- POOL SUPPLIES TO RECREONICS, INC.
September 11, 2018
Page 131
Item #16D17
A BUDGET AMENDMENT TO CENTRALIZE THE SEA
TURTLE MONITORING BUDGET BY TRANSFERRING
EXISTING BUDGET IN THE AMOUNT OF $30,000 FROM
PARK’S BEACH AND WATER PARK OPERATIONS TO SEA
TURTLE MONITORING FUND (119)
Item #16D18
RESOLUTION 2018-143: THE REMOVAL OF
UNCOLLECTIBLE RECEIVABLES IN THE AMOUNT OF
$12,250.35 FROM THE FINANCIAL RECORDS OF THE PARKS
AND RECREATION DIVISION IN ACCORDANCE WITH
RESOLUTION NO. 2006- 252 AND AUTHORIZE THE CHAIR
TO EXECUTE ATTACHED RESOLUTION
Item #16D19
CHAIRMAN TO SIGN THE STANDARD HUD ENTITLEMENT
AGREEMENTS UPON ARRIVAL; APPROVE AND AUTHORIZE
THE CHAIRMAN TO SIGN ELEVEN (11) SUB-RECIPIENT
AGREEMENTS FOR ACTIVITIES PREVIOUSLY APPROVED IN
THE FY2018-19 ACTION PLAN FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG), HOME
INVESTMENT PARTNERSHIP (HOME), AND EMERGENCY
SOLUTIONS GRANT PROGRAMS (ESG), AND ONE (1) SUB-
RECIPIENT AGREEMENT FOR A HOUSING ACTIVITY
PREVIOUSLY APPROVED IN THE FY2017-18 ACTION PLAN;
AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS, IN THE AMOUNT OF $3,470,652 FOR THE
September 11, 2018
Page 132
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) FISCAL YEAR 2018-2019 BUDGET AS
APPROVED IN THE HUD ACTION PLAN FOR ENTITLEMENT
FUNDS
Item #16D20
A 2018 FEDERAL TRANSIT ADMINISTRATION (FTA)
SECTION 5324 EMERGENCY RELIEF GRANT APPLICATION
IN THE AMOUNT OF $226,326.76 TO REPAIR DAMAGES TO
COLLIER AREA TRANSIT (CAT) VEHICLES AND FACILITIES
AS A RESULT OF HURRICANE IRMA, APPROVE THE
ACCEPTANCE OF THE AWARD THROUGH THE TRANSIT
AWARD MANAGEMENT SYSTEM (TRAMS), AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT
Item #16D21
A ONE-YEAR TIME EXTENSION AMENDMENT TO THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
JOINT PARTICIPATION AGREEMENT (JPA) G0575 OF THE
STATE DISCRETIONARY TRANSIT SERVICE DEVELOPMENT
GRANT FOR THE CREATION AND IMPLEMENTATION OF A
MOBILE PHONE APPLICATION FOR COLLIER AREA
TRANSIT (CAT) PASSENGERS
Item #16D22
WAIVE THE FEES FOR THE IMMOKALEE COMMUTER BUS
ROUTE ON SATURDAY, OCTOBER 6, 2018, FROM 10:00 A.M.
UNTIL 2:00 P.M. FOR THE IMMOKALEE BIG BUS EVENT
September 11, 2018
Page 133
SPONSORED BY THE DEPARTMENT OF HEALTH IN
IMMOKALEE, FLORIDA
Item #16D23
TWO (2) AFTER-THE-FACT GRANT REQUESTS TO THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM (FRDAP), ONE (1)
FOR FUNDING IN THE AMOUNT OF $150,000 TO PURCHASE
AND INSTALL A PLAYGROUND AT VINEYARDS
COMMUNITY PARK AND ONE (1) FOR FUNDING IN THE
AMOUNT OF $150,000 TO PURCHASE AND INSTALL A
PLAYGROUND AT EAST NAPLES COMMUNITY PARK
Item #16E1
VICTORY LAYNE CHEVROLET AS A SINGLE SOURCE
VENDOR FOR CHEVROLET MEDIUM DUTY TRUCK AND
VAN PARTS AND SERVICE – PURCHASES WILL BE MADE
BY EITHER P-CARD OR PURCHASE ORDER
Item #16E2
A BUDGET AMENDMENT TO APPROPRIATE FUNDS
REIMBURSED THROUGH FDOT TO GREATER NAPLES FIRE
DISTRICT FOR PARAMEDIC-LEVEL SERVICE AT FIRE
STATION #63 ON ALLIGATOR ALLEY UTILIZING COUNTY
PARAMEDICS IN THE AMOUNT OF $415,000 – LOCATED AT
MILE MARKER 63 REST AREA
September 11, 2018
Page 134
Item #16E3
AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF
HAZARD MITIGATION PROGRAM GRANT APPLICATIONS
FOR FEMA 4337-DR-FL084-DR-FL “HURRICANE IRMA” TO
THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA REGION IV), THROUGH THE FLORIDA DIVISION OF
EMERGENCY MANAGEMENT, FOR VARIOUS MITIGATION
PROJECTS IN THE TOTAL AMOUNT OF $22,034,000 -
REDUCING THE RISK OF LOSS OF LIFE AND PROPERTY
DAMAGE DURING FUTURE DISASTERS
Item #16E4
THE CHAIR TO EXECUTE A FEDERALLY FUNDED
SUBGRANT AGREEMENT TO ACCEPT THE ANNUAL
EMERGENCY MANAGEMENT PERFORMANCE GRANT
(EMPG) IN THE AMOUNT OF $106,875 FOR EMERGENCY
MANAGEMENT PLANNING, RESPONSE, AND MITIGATION
EFFORTS AND TO AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS – BUDGETED FOR THE PURCHASE OF
COMMUNICATION EQUIPMENT, SHELTER SUPPLIES, EOC
ENHANCEMENT AND DISASTER RESPONSE EQUIPMENT
Item #16E5
EXPENDITURES IN EXCESS OF $50,000 ANNUALLY FOR
PARAMEDIC TRAINING AT HODGES UNIVERSITY
Item #16E6 – Moved to Item #11B (Per Agenda Change Sheet)
September 11, 2018
Page 135
Item #16E7
AWARD INVITATION TO BID #18-7330 “MEDICATIONS FOR
EMERGENCY MEDICAL SERVICES” TO BOUND TREE
MEDICAL, LLC
Item #16E8
REMIT ANY REMAINING MSTU FUNDS FOR ISLES OF CAPRI
MUNICIPAL FIRE SERVICES TAXING DISTRICT, FIDDLERS
CREEK MUNICIPAL RESCUE AND FIRE SERVICES DISTRICT,
AND COLLIER COUNTY FIRE CONTROL MUNICIPAL
SERVICE TAXING UNIT TO GREATER NAPLES FIRE
DISTRICT IN ACCORDANCE WITH THE BOARD’S
APPROVAL TO REPEAL ORDINANCES 1978-49 ISLE OF
CAPRI, 1984-84 COLLIER COUNTY FIRE CONTROL AND
2015-18 FIDDLER’S CREEK – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E9
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16E10
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
September 11, 2018
Page 136
BOARD APPROVAL – FOR AN ERROR ON A THE HEARING
NOTICE REGARDING TIME FOR SCHEDULING PUBLIC
HEARING THAT REQUIRED CORRECTION WITH 155,918,
4X8, SPECIAL ORDER PROPERTY OWNER INSERT CARDS
TOTALING $4,885.65
Item #16F1
BOARD RATIFICATION OF SUMMARY, CONSENT AND
EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY
MANAGER DURING THE BOARD'S SCHEDULED RECESS. (IN
ABSENTIA MEETING(S) DATED JULY 24, 2018; AUGUST 14,
2018 AND AUGUST 28, 2018)
JULY 24, 2018
A. RECOMMENDATION TO AUTHORIZE A
BUDGET AMENDMENT IN THE AMOUNT OF
$600,000 TO FUND EMERGENCY RESPONSE
AND REPAIR THAT MAINTAINS COMPLIANCE
FOR THE PUBLIC UTILITIES DEPARTMENT’S
WASTEWATER DIVISION
B. RECOMMENDATION TO APPROVE THE
ADMINISTRATIVE REPORTS PREPARED BY
THE PROCUREMENT SERVICES DIVISION FOR
CHANGE ORDERS AND OTHER
CONTRACTUAL MODIFICATION REQUIRING
BOARD APPROVAL
C. TO RECORD IN THE MINUTES OF THE BOARD
September 11, 2018
Page 137
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 28
AND JULY 11, 2018 PURSUANT TO FLORIDA
STATUTE 136.06
D. REQUEST THAT THE BOARD APPROVE AND
DETERMINE VALID PUBLIC PURPOSE FOR
INVOICES PAYABLE AND PURCHASING CARD
TRANSACTIONS AS OF JULY 18, 2018
AUGUST 14, 2018
A. RECOMMENDATION TO APPROVE THE
ISSUANCE OF AN EXTENSION LETTER
EXTENDING THE EXISTING CONTRACT WITH
FILTER PRO USA, LLC, D/B/A KLEEN AIR
RESEARCH UNDER BID #14-6304, “AIR
FILTRATION SERVICES: FOR A PERIOD OF SIX
MONTHS TO ALLOW STAFF TO RE-SOLICIT
THESE SERVICES
B. RECOMMENDATION TO AWARD INVITATION
TO BID NO. 18-7405 “MARCO ISLAND MUSEUM
ELECTRIC GENERATOR INSTALLATION: TO
COMPASS CONSTRUCTION IN THE AMOUNT
OF $197,943, AND AUTHORIZE THE CHAIRMAN
TO EXECUTE THE CONTRACT
September 11, 2018
Page 138
C. RECOMMENDATION TO APPROVE AND
AUTHORIZE THE CHAIRMAN TO SIGN THE
FIRST AMENDMENT TO THE AGREEMENT
WITHLEECORP HOMES, INC., PRESTIGE HOME
CENTERS, INC., HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC., AND RURAL
NEIGHBORHOODS INCORPORATED FOR THE
ADMINISTRATION OF THE STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP)
DEMEOLITION AND/OR REPLACEMENT OF
MANUFACTURED HOUSING AND OWNER-
OCCUPIED REHABILITATION PROGRAMS
D. RECOMMENDATION TO APPROVE THE
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR
DISPOSAL OF PROPERTY AND NOTIFICATION
OF REVENUE DISBURSEMENT
E. RECOMMENDATION TO ACCEPT THE REPORT
FOR THE SALE OF ITEMS AND
DISBURSEMENT OF FUNDS ASSOCIATED
WITH THE COUNTY SURPLUS AUCTION HELD
ON JUNE 30, 2018
F. RECOMMENDATION TO AUTHORIZE
EXPENDITURES EXCEEDING THE $50,000
ADMINISTRATIVE APPROVAL THRESHOLD IN
ACCORDANCE WITH THE COUNTY’S
PROCUREMENT ORDINANCE NO. 2017-08 FOR
ROBERT HALF INTERNATIONAL, INC., FOR
September 11, 2018
Page 139
TEMPORARY PERSONNEL SERVICES FOR THE
PROCUREMENT SERVICES DIVISION
G. RECOMMENDATION TO APPROVE THE
ADMINISTRATIVE REPORTS PROPARED BY
THE PROCUREMENT SERVICES DIVISION FOR
CHANGE ORDERS AND OTHER
CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
H. TO RECORD IN THE MINUTES OF THE BOARD
OF COUNTY COMMISSIONERS, THE CHECK
NUMBER (OR OTHER METHOD), AMOUNT,
PAYEE, AND PURPOSE FOR WHICH THE
REFERENCED DISBURSEMENTS WERE
DRAWN FOR THE PERIODS BETWEEN JULY 12
AND AUGUST 1, 2018 PURSUANT TO FLORIDA
STATUTE 136.06
I. REQUEST THAT THE BOARD APPROVE AND
DETERMINE VALID PUBLIC PURPOSE FOR
INVOICES PAYABLE AND PURCHASING CARD
TRANSACTIONS AS OF AUGUST 8, 2018
AUGUST 28, 2018
A. RECOMMENDATION THAT THE BOARD OF
COUNTY COMMISSSIONERS, ACTING AS THE
COMMUNITY REDEVELOPMENT AGENCY
BOARD (CRAB), APPROVE AN AMENDMENT
TO CONTRACT #17-7050 IN THE AMOUNT OF
September 11, 2018
Page 140
$49,555 TO COMPLETE ADDITIONAL
PLANNING SERVICES RELATED TO THE
BAYSHORE GATEWAY TRIANGLE CRA
REDEVELOPMENT PLAN UPDATE AND
AUTHORIZE THE CHAIR TO EXECUTE THE
AMENDMENT
B. RECOMMENDATION TO APPROVE AND
AUTHORIZE THE CHAIR TO EXECUTE
CONTRACT NO. 17-7213, “DESIGN AND
RELATED SERVICES FOR GOODLAND DRIVE
REHABILITATION PROJECT” IN THE AMOUNT
OF $347,723.00 BETWEEN COLLIER COUNTY
AND Q. GRADY MINOR & ASSOCIATES, P.A.,
(PROJECT NO. 60200)
C. RECOMMENDATION TO APPROVE A
STANDARD GRANT AGREEMENT WITH
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION TO PROVIDE RED TIDE
CLEANUP SERVICES TO COLLIER COUNTY’S
BEACHES AND INLAND WATERWAYS UNDER
THE STATE OF FLORIDA’S EXECUTIVE ORDER
18-221, AUTHORIZE AMENDMENTS TO THE
EXISTING CONTRACT AGREEMENTS FOR
CROWDERGULF JOINT VENTURE, INC. AND
ASHBRITT INC. TO PROVIDE INLAND
WATERWAYS FISH CLEANUP AND APPROVE
ALL NECESSARY BUDGET AMENDMENTS
(PROJECT NO. 33584)
September 11, 2018
Page 141
D. RECOMMENDATION TO AWARD INVITATION
TO BID NO. 18-7391 HVAC MODIFICATIONS TO
NORTH COLLIER REGIONAL WATER
TREATMENT PLANT TO CEDARS ELECTRO-
MECHANICAL, INC., IN THE AMOUNT OF
$217,000 (PROJECT #70118), AUTHORIZE THE
NECESSARY BUDGET AMENDMENT OF
$217,000 AND AUTHORIZE THE CHAIRMAN TO
EXECUTE THE CONTRACT
E. RECOMMENDATION TO AUTHORIZE A
BUDGET AMENDMENT IN THE AMOUNT OF
$224,000 TRANSFERRING FUNDS BETWEEN
COST CENTERS AND LINE ITEMS WITHIN THE
MANDATORY RESIDENTIAL SOLID WASTE
FUND (473) TO COVER HIGHER THAN
ANTICIPATED EXPENSES FOR CART
REPLACEMENTS AND HURRICANE IRMA
RELATED WASTE DISPOSAL
F. RECOMMENDATION TO APPROVE THE 2018
ANNUAL PROGRESS REPORT OF THE COLLIER
COUNTY TRANSIT DEVELOPMENT PLAN (TDP)
THROUGH A TDP MINOR UPDATE AND
AUTHORIZE ITS SUBMISSION TO THE
FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)
G. RECOMMENDATION TO APPROVE THE
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR
September 11, 2018
Page 142
DISPOSAL OF PROPERTY AND NOTIFICATION
OF REVENUE DISBURSEMENT
H. RECOMMENDATION TO APPROVE THE
ADMINISTRATIVE REPORTS PROPARED BY
THE PROCUREMENT SERVICES DIVISION FOR
CHANGE ORDERS AND OTHER
CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
I. REPORT TO THE BOARD REGARDING THE
INVESTMENT OF COUNTY FUNDS AS OF THE
QUARTER ENDED JUNE 30, 2018
J. TO RECORD IN THE MINUTES OF THE BOARD
OF COUNTY COMMISSIONERS, THE CHECK
NUMBER (OR OTHER METHOD), AMOUNT,
PAYEE, AND PURPOSE FOR WHICH THE
REFERENCED DISBURSEMENTS WERE
DRAWN FOR THE PERIODS BETWEEN AUGUST
2 AND AUGUST 15, 2018 PURSUANT TO
FLORIDA STATUTE 136.06
K. REQUEST THAT THE BOARD APPROVE AND
DETERMINE VALID PUBLIC PURPOSE FOR
INVOICES PAYABLE AND PURCHASING CARD
TRANSACTIONS AS OF AUGUST 22, 2018
L. RECOMMENDATION TO AUTHORIZE LEGAL
ACTION, UP TO AND INCLUDING THE FILING
OF SUIT AGAINST THE COUNTY’S PROPERTY
September 11, 2018
Page 143
INSUTANCE CARRIERS AND INSURANCE
BROKER, TO PURSUE PARTIAL
REIMBURSEMENT OF THE COSTS INCURRED
FOR THE DEBRIS REMOVAL FROM
ROADWAYS AND MEDIANS, DUE TO
HURRICANE IRMA
Item #16F2
USE TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO
SUPPORT THE UPCOMING OCTOBER 2018 SPORTS
TOURISM EVENT UP TO $7,350 AND MAKE A FINDING THAT
THIS EXPENDITURE PROMOTES TOURISM – THE FLORIDA
FIRE COLUMBUS DAY TOURNAMENT WILL TAKE PLACE
ON OCTOBER 6-8, 2018 AT THE NORTH COLLIER REGIONAL
PARK
Item #16F3
USE TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO
SUPPORT AN ADDITIONAL OCTOBER 2018 SPORTS
TOURISM EVENT, UP TO $4,500, AND MAKE A FINDING
THAT THIS EXPENDITURE PROMOTES TOURISM – THE
ALLIGATOR ALLEY FALL CLASSIC WILL TAKE PLACE ON
OCTOBER 19-21, 2018 AT THE NORTH COLLIER REGIONAL
PARK
Item #16F4
THE CHAIRMAN TO EXECUTE TOURIST DEVELOPMENT
TAX GRANT AGREEMENTS FOR FY2019 FOR MARKETING
September 11, 2018
Page 144
AND EVENT GRANTS ($120,000) AND NON-COUNTY
OWNED/OPERATED MUSEUMS GRANTS ($722,321) AND
MAKE A FINDING THAT THIS ACTION PROMOTES
TOURISM – AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16F5
AN AMENDMENT TO THE 2017 TOURISM AGREEMENT
WITH FRIENDS OF THE FAKAHATCHEE, INC. (FOF) TO
EXTEND THE TERM 90 DAYS TO DECEMBER 29, 2018,
CARRY FORWARD THE FUNDING TO FY2019, AND MAKE A
FINDING THAT THIS PROJECT PROMOTES TOURISM
Item #16F6
REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY –
FOR CATT TRANSIT ENHANCE FUND 426 AND DOMESTIC
ANIMAL SERVICES DONATIONS FUND 180
Item #16F7
BUDGET AMENDMENTS APPROPRIATING
APPROXIMATELY $530,027,210 OF UNSPENT FY2018 GRANT
AND PROJECT BUDGETS INTO FY2019 – AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16F8
RESOLUTION 2018-144: A RESOLUTION APPROVING
September 11, 2018
Page 145
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FY2017-18 ADOPTED BUDGET
Item #16J1
A BUDGET AMENDMENT RECOGNIZING ALBERT
NETWORK MONITORING SOLUTION GRANT FUNDS IN THE
AMOUNT OF $15,425.69 – FOR THE SUPERVISOR OF
ELECTIONS TO IMPROVE THE ADMINISTRATION OF THE
FEDERAL ELECTIONS
Item #16J2
A BUDGET AMENDMENT RECOGNIZING ELECTIONS
SECURITY GRANT FUNDS UNDER THE HELP AMERICA
VOTE ACT IN THE AMOUNT OF $261,657.34 – MAKING
CERTIN ELECTION SECURITY IMPROVEMENTS
Item #16J3
AFTER THE FACT APPROVAL TO DESIGNATE THE SHERIFF
AS THE OFFICIAL APPLICANT AND POINT OF CONTACT
FOR THE U.S. DEPARTMENT OF JUSTICE, COPS SCHOOL
VIOLENCE PREVENTION PROGRAM GRANT (SVPP) FY2018.
AUTHORIZE THE ACCEPTANCE OF THE GRANT WHEN
AWARDED, AUTHORIZE ASSOCIATED BUDGET
AMENDMENTS AND APPROVE THE COLLIER COUNTY
SHERIFF’S OFFICE TO RECEIVE AND EXPEND 2018 SVPP
GRANT FUNDS
September 11, 2018
Page 146
Item #16J4
A BUDGET AMENDMENT RE-APPROPRIATING
$762,578.46 FROM SHERIFF ACCESS MANAGEMENT
PROJECTS PROJECT (50159) TO THE RECORDS
MANAGEMENT PROJECT (53011) FOR THE COMPLETION OF
THE COMPUTER-AIDED DISPATCH (CAD) PROJECT
Item #16J5
A BUDGET AMENDMENT FROM THE SHERIFF’S SECOND
DOLLAR TRAINING FUND 608 IN THE AMOUNT OF $115,000
Item #16J6
AFTER THE FACT 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
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) FY18 LOCAL STANDARD GRANT; 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 JAG STANDARD GRANT FUNDS
Item #16J7
CHAIRMAN TO SIGN AN AGREEMENT AUTHORIZING THE
COLLIER COUNTY SHERIFF’S OFFICE TO HAVE TRAFFIC
CONTROL JURISDICTION OVER PRIVATE ROADS WITHIN
September 11, 2018
Page 147
THE STONECREEK SUBDIVISION – LOCATED IN SECTION 9,
TOWNSHIP 48 SOUTH, RANGE 26 EAST
Item #16J8
COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE
REPEALING ORDINANCE NO. 76-24 (GAIN TIME FOR
PRISONERS) IN ORDER TO ADOPT, BY RESOLUTION, A
REVISED POLICY OF AUTHORIZING GAIN TIME FOR
COUNTY PRISONERS PURSUANT TO SECTION 951.21,
FLORIDA STATUTES
Item #16J9
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF SEPTEMBER 5, 2018
Item #16J10
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 AUGUST 16 AND AUGUST 29,
2018 PURSUANT TO FLORIDA STATUTE 136.06
Item #16K1
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$33,000 FOR PARCEL 234RDUE, PLUS $9,000 FOR
September 11, 2018
Page 148
STATUTORY ATTORNEY FEES AND COSTS, IN THE
LAWSUIT STYLED COLLIER COUNTY V. ARABEL SUBIAUT,
ET AL, CASE NO. 14-CA-2762, REQUIRED FOR THE GOLDEN
GATE BOULEVARD EXPANSION (PROJECT NO. 60040)
(FISCAL IMPACT: $38,500)
Item #16K2
THE SECOND AMENDMENT TO AGREEMENT FOR LEGAL
SERVICES RELATING TO RETENTION AGREEMENT
NABORS, GIBLIN & NICKERSON P.A. EXTENDING THE
EXPIRATION DATE TO NOVEMBER 17, 2021. THERE IS NO
NEW FISCAL IMPACT ASSOCIATED WITH THIS
AMENDMENT
Item #16K3
AMENDMENT WITH LEXISNEXIS TO PROVIDE ONLINE
LEGAL RESEARCH SERVICES TO THE COUNTY
ATTORNEY’S OFFICE AND AUTHORIZE THE COUNTY
ATTORNEY TO SIGN THE AMENDMENT
Item #16K4
THE BOARD OF COUNTY COMMISSIONERS APPROVE
ADDENDUM NUMBER 2 TO THE RECODIFICATION
AGREEMENT DATED SEPTEMBER 22, 1992 WITH
MUNICIPAL CODE CORPORATION TO PROVIDE FOR AN
ANNUAL ADMINISTRATIVE SUPPORT FEE OF $500
Item #16K5
September 11, 2018
Page 149
RESOLUTION 2018-145: TO APPOINT A MEMBER TO THE
COLLIER COUNTY CITIZEN CORPS – APPOINTING CARLOS
ALVAREZ WITH TERM EXPIRING ON NOVEMBER 5, 2021
Item #16K6
RESOLUTION 2018-146: REAPPOINT AN ALTERNATE
MEMBER AS A REGULAR MEMBER ON THE CODE
ENFORCEMENT BOARD – REAPPOINTING KATHLEEN K.
ELROD WITH TERM EXPIRING ON FEBRUARY 14, 2019
Item #16K7
THE COUNTY ATTORNEY TO OPT THE COUNTY IN AS A
PARTY PLAINTIFF, IN THE CLASS-ACTION LAWSUIT
STYLED KANE COUNTY, UTAH V. UNITED STATES, CASE
NOS. 17-739C AND 17-1991C (CONSOLIDATED), TO
RECOVER A LARGE PORTION OF THE $53,117
(APPROXIMATELY $35,058, AFTER OFFSET FOR ATTORNEY
FEES AND LITIGATION EXPENSES) THAT WAS NOT PAID
TO THE COUNTY FOR FISCAL YEARS 2015-2017, PURSUANT
TO THE PAYMENTS IN LIEU OF TAXES ACT (PILT)
Item #17A
RESOLUTION 2018-147: PETITION VAC-PL20170004446 TO
DISCLAIM, RENOUNCE AND VACATE THE CONSERVATION
EASEMENT DESCRIBED IN O.R. BOOK 3635, PAGE 3683 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE
September 11, 2018
Page 150
OF LIVINGSTON WOODS LANE, JUST NORTH OF THE PINE
RIDGE ROAD AND WHIPPOORWILL LANE INTERSECTION,
IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
Item #17B
RESOLUTION 2018-148: PETITION VAC-PL20180001141, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN THE 10-FOOT DRAINAGE
EASEMENT ON THE NORTH SIDE OF THE PROPERTY AND A
PORTION OF THE 15-FOOT DRAINAGE EASEMENT ON THE
SOUTH SIDE OF THE PROPERTY, ON LOT 35, COLLIER
COUNTY PRODUCTION PARK PHASE 1-B, AS RECORDED IN
PLAT BOOK 1, PAGES 7-8 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LOCATED ON THE WEST SIDE
OF LIVINGSTON ROAD, JUST SOUTH OF EXCHANGE
AVENUE IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA
Item #17C
ORDINANCE 2018-41: AN ORDINANCE AMENDING
ORDINANCE NO. 85-83, AN ORDINANCE AMENDING NO. 85-
21, WHICH AMENDED NO. 77-48, THE LELY BAREFOOT
BEACH PLANNED UNIT DEVELOPMENT (PUD); BY
AMENDING SECTION 10.5.6 MAXIMUM BUILDING HEIGHT
FOR TRACT I TO INCREASE THE HEIGHT FROM TWO
HABITABLE FLOORS TO THREE HABITABLE FLOORS; AND
BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT
PROPERTY KNOWN AS BAYFRONT GARDENS IS LOCATED
September 11, 2018
Page 151
SOUTH OF BONITA BEACH ROAD IN SECTION 6, TOWNSHIP
48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA
[PL20170004421]
Item #17D
RESOLUTION 2018-149: (DISTRICT I) RESOLUTION 2018-150:
(DISTRICT II): RESOLUTIONS APPROVING THE
PRELIMINARY ASSESSMENT ROLLS AS THE FINAL
ASSESSMENT ROLLS, AND ADOPTING SAME AS THE NON-
AD VALOREM ASSESSMENT ROLLS FOR PURPOSES OF
UTILIZING THE UNIFORM METHOD OF COLLECTION
PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR
SOLID WASTE MUNICIPAL SERVICE BENEFIT UNITS,
SERVICE DISTRICT NO. I AND SERVICE DISTRICT NO. II,
SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN
RESIDENTIAL PROPERTIES WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY, THE CITY
OF MARCO ISLAND, AND THE CITY OF EVERGLADES CITY,
PURSUANT TO COLLIER COUNTY ORDINANCE 2005-54, AS
AMENDED. REVENUES ARE ANTICIPATED TO BE
$26,219,500
Item #17E
RESOLUTION 2018-151: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2017-18 ADOPTED BUDGET
Item #17F
September 11, 2018
Page 152
RESOLUTION 2018-152: A RESOLUTION EXPANDING THE
COLLIER COUNTY WATER-SEWER DISTRICT’S SERVICE
AREA TO COINCIDE WITH THE UNINCORPORATED AREA
PERMITTED BY CHAPTER 2003-353, LAWS OF FLORIDA
Item #17G – Moved to Item #9D (Per Agenda Change Sheet)
*****
September 11, 2018
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:21 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DI TRICTS UNDER ITS CONTROL
ANDY SOLIS, CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
-- !he
1
ttest as to Chairman'$
signature only.
These minut s approved by the Board on GI 91 Z( 1&, as presented
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY "1'ERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 153