BCC Minutes 02/12/2019 RFebruary 12, 2019
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, February 12, 2019
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: William L. McDaniel, Jr.
Burt L. Saunders
Donna Fiala
Andy Solis
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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February 12, 2019
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
February 12, 2019
9:00 AM
Commissioner William L. McDaniel, Jr., District 5 - Chair; CRAB Co-Chair
Commissioner Burt Saunders, District 3 – Vice-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Andy Solis, District 2
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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February 12, 2019
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. Invocation by Reverend Edward Gleason, Trinity By The Cove Episcopal
Church
Invocation Given
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.)
Approved and/or Adopted w/Changes – 5/0
B. January 8, 2019 - BCC/Regular Meeting Minutes
Approved as presented – 5/0
C. January 22, 2019 - BCC/Regular Meeting Minutes
Approved as presented – 5/0
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February 12, 2019
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating the week of February 10-16 as Know Your County
Government Week. To be accepted by participating 4-H students
representing area high schools.
Adopted – 5/0
B. Proclamation recognizing the Latchkey League and its founder Myra Janco
Daniels for providing opportunities to children in need of after-school
supervision to participate in educational, cultural and recreational activities.
To be accepted by Myra Janco Daniels.
Adopted – 5/0
C. Proclamation commending the Marco Island Historical Society, the Collier
County Museums, and all involved for bringing "home" on-loan precious
artifacts that will educate and inspire people of all ages. To be accepted by
representatives of the Marco Island Historical Society - Pat Rutledge,
Michael O'Rourke and Austin Bell and representatives of the Collier County
Museums - Amanda Townsend and Jennifer Perry.
Adopted – 5/0
D. Proclamation designating February 11-15 as Economic Development Week
in Collier County. To be accepted by Michael Dalby, Susan Paregis, Dick
Grant, Jennifer Pellechio and Jace Kentner.
Adopted – 5/0
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for February 2019
to Friends of Rookery Bay. To be accepted by Athan Barkoukis, Executive
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February 12, 2019
Director and Tom Marquardt, Board President. Also present is Bethany
Sawyer representing the Greater Naples Chamber of Commerce.
Presented
B. Recommendation to recognize Katie Sibert, Human Resources Technician,
Administrative Services Department as the 2018 Employee of the Year.
Recognized
C. Recommendation to recognize Nosbel Perez, Supervisor-Laboratory,
Growth Management Department as the Supervisor of the Year 2018.
Recognized
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
A. Garrett Beyrent – Various awards for Board members
B. Reverend Les Wicker – Tax on fire protection meters
C. Reverend Tony Fisher – Tax on fire protection meters
D. Rae Ann Burton –Traffic in the estates and stormwater utility fee;
Motion for a report on tax on fire suppression meters at the next BCC
Meeting Agenda – Consensus
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 9:30 a.m. This item was first heard at the
January 22, 2019 BCC meeting and approved for reconsideration at the
February 12, 2019 BCC Meeting. (Commissioner Taylor)
Recommendation to approve an Ordinance amending Ordinance Number
04-41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of
Collier County, Florida, to make changes consistent with Board direction,
including revising the affordable housing definition, updating the
terminology and income levels associated with affordable housing
categories, and increasing the maximum affordable density bonus from 8 to
12 dwelling units per acre, by providing for: Section One, Recitals; Section
Two, Findings of Fact; Section Three, Adoption of Amendments to the Land
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February 12, 2019
Development Code, more specifically amending the following: Chapter One
- General Provisions, including Section 1.08.02 Definitions; Chapter Two -
Zoning Districts and Uses, including Section 2.06.01 Generally, Section
2.06.02 Purpose and Intent, Section 2.06.03 AHDB Rating System, Section
2.06.04 Limitations on Affordable Housing Density Bonus, Section 2.06.05
Affordable Housing Density Bonus Monitoring Program, and Section
2.06.06 Violations and Enforcement; Section Four, Conflict and
Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, Effective Date.
Ordinance 2019-02 Adopted w/changes:
Motion to approve Section 1.08.02 Affordable Housing Definitions
– Approved 5/0;
Motion to approve the Density Bonus Adjustment from Section
2.06.01 – Approved 5/0;
Motion to approved cleanup changes that do not deal with
duration and include 10% of total housing units (voluntary) –
Approved 4/1 (Commissioner Fiala opposed);
Motion to approve the term duration of 30 years for both rental
and owner occupied housing density bonus – Approved 4/1
(Commissioner Fiala opposed)
B. This item was continued from the January 22, 2019 BCC meeting.
Recommendation to approve proposed amendments to the Golden Gate Area
Master Plan (GGAMP) and related elements of the Growth Management
Plan (GMP) for transmittal to the Florida Department of Economic
Opportunity (DEO) for review and objections, recommendations and
comments (ORC) response. [Transmittal Hearing]
Motion for no transitional conditional use, adding language for the
definition of neighborhood churches as submitted by the Golden Gate
Estates Civic Association and for 3 separate land use plans (Golden
Gate City, Golden Gate Estates and Urban Golden Gate Estates)
Resolution 2019-24 Adopted – 5/0
10. BOARD OF COUNTY COMMISSIONERS
Time Certain 11:00 a.m. (Per Agenda Change Sheet)
A. Recommendation to review an unsolicited offer regarding the use of 17 acres
owned by the County on Bayshore Drive as a Florida Gulf Coast University
“wetlands and water quality campus.”
Discussed
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February 12, 2019
11. COUNTY MANAGER'S REPORT
A. This item to be heard immediately following Item #9A. Recommendation
to authorize staff to: 1) advertise an ordinance amending Ordinance No.
2002-63, which established the Conservation Collier Program for future
consideration, and 2) with the future ordinance item include a resolution for
consideration superseding and replacing Resolution No. 2007-300
establishing the Collier County Board of County Commissioner’s
Purchasing Policy for the acquisition of lands by the Conservation Collier
Land Acquisition Program by requiring purchases in excess of the price
established by the methodology be approved by an extraordinary vote of the
Board in accordance with Section 125.355, Florida Statutes. (Summer
Araque, Principal Environmental Specialist, Parks and Recreation Division)
Motion to approve revisions in the ordinance w/reference to the Special
Ad Valorem Assessments with revisions in the resolution regarding
appropriate purchasing price – Approved 5/0
Updated (Per Agenda Change Sheet)
B. Recommendation to reject the offer received defer a decision (added) on the
offer received from Reginald Kreilich, Jonathan Jensen and Andrew Phillips
in the amount of $600,000 for the purchase of County owned parcel known
as Randall Curve, pending a full review by the Board of all offers received
on this parcel at the April 23, 2019 BCC Meeting. (added) (Toni A. Mott,
Manager, Facilities Management Division)
Motion to put the property up for sale through the RFI process for 60
days - Approved 5/0
C. Recommendation that the Board of County Commissioners, acting as the ex -
officio governing board of the Collier County Water-Sewer District, (1)
accepts the Plan of Finance to fund utility infrastructure expansion in the
northeast service area, and (2) approves a Reimbursement Resolution
regarding reimbursement of expenditures relating to the construction of
water, wastewater and irrigation water utility infrastructure to the User
Capital Funds prior to receipt of Revenue Bond proceeds. (Joseph Bellone,
Financial Operations Support Division Director, Public Utilities
Department)
CWS Resolution 2019-25 Adopted – 5/0
D. Recommendation to approve the purchase of an H135T3H helicopter from
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February 12, 2019
Airbus Helicopters, Inc. (“Airbus”) with HCare Service coverage equipped
with a medical interior installed by Metro Aviation, Inc. (“Metro Aviation”),
in the amount of $7,911,299 to replace the current, less capable 1999 Airbus
EC 135T1 helicopter, to execute the required purchase and service
agreements, and to authorize a budget amendment in the amount of
$435,700. (Tabatha Butcher, Chief - Emergency Medical Services,
Administrative Services Department)
Approved - 5/0
E. Recommendation to approve an Agreement for Invitation to Bid #18-7486,
“Carica Pump Station Water Main Improvements,” Project Number 70129,
to Andrew Site Work, LLC, in the amount of $1,466,456, and authorize the
necessary budget amendment. (Tom Chmelik, Engineering and Project
Management Division Director, Public Utilities Department)
Approved - 5/0
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Proposed Future Workshop Schedule
B. County Manager Ochs – Letter from League of Women voters
requesting a resolution to be put on an agenda regarding all “juveniles
be treated as juveniles” within the court system
C. Commissioner Saunders – Attendance at the Department of Veteran
Affairs Meeting in Tallahassee on February 21; HB 3 regarding Local
Government Pre-emption
D. Commissioner Taylor – Information regarding a stop light for Isles of
Collier to make a left turn onto US 41; Appointed to the Water
Committee
E. Commissioner Fiala – Commending the League of Women Voters
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February 12, 2019
regarding the “Know Your Government” with the 4-H students
F. Commissioner McDaniel – Attended a seminar at IFAS regarding the
human impact on pollution, would like the presentation given before the
Board
G. Commissioner McDaniel – Meeting Adjourned
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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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Approved and/or Adopted w/Changes – 5/0
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve an Easement Use Agreement
(Agreement) for Lot 34, Aviano at Naples, according to the plat
thereof as recorded at Plat Book 43, Pages 67 through 71 of the public
records of Collier County.
For property located at 12788 Aviano Drive
2) Recommendation to approve final acceptance of the potable water and
sewer facilities for My Other Place III, PL20180002685, and accept
unconditional conveyance of a portion of the potable water utility
facilities.
A final inspection to discover defects in materials and
workmanship was conducted by Development Review staff on
September 7, 2018, in coordination with Public Utilities, and the
facilities were found to be satisfactory and acceptable
3) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Isles of
Collier Preserve Phase 10A, PL20170002559 and to authorize the
County Manager, or his designee, to release the Final Obligation Bond
in the total amount of $4,000 to the Project Engineer or the
Developer’s designated agent.
A final inspection to discover defects in material and
workmanship was conducted by Development Review staff on
January 2, 2019 in coordination with Public Utilities, and the
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February 12, 2019
facilities were found to be satisfactory and acceptable
4) Recommendation to approve final acceptance of the potable water and
sewer facilities for 16000 Industrial Center, PL20160001602, 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 $10,895.88 to the Project Engineer or the
Developer’s designated agent.
A final inspection to discover defects in material and
workmanship was conducted by staff January 2, 2019, in
coordination with Public Utilities, and the facilities were found to
be satisfactory and acceptable
5) Recommendation to grant final acceptance of the private roadway and
drainage improvements for the final plat of Vanderbilt Commons,
Application Number PL20150000968 with the roadway and drainage
improvements being privately maintained; acceptance of the plat
dedications, and authorizing the release of the maintenance security.
Resolution 2019-19
6) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Isles of Collier Preserve Phase
13, (Application Number PL20180002844) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
W/Stipulations
7) Recommendation to approve the acquisition of three Drainage, Access
and Maintenance Easements by Collier County for the maintenance of
a portion of the Golden Gate Main Canal. Estimated fiscal impact:
$5,200. (Project #60194)
For the maintenance of a portion of the Golden Gate Main Canal
beginning at Livingston Road and extending west across three
properties for a total distance of approximately 9,100 feet
8) Recommendation to award a Work Order to Bonness, Inc., for
construction of the “Immokalee Road at Valewood Drive and Oakes
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February 12, 2019
Boulevard Intersection Improvements” project in the amount of
$295,794.72 (Project #60016.29).
To extend the existing east bound left turn lane from Immokalee
Road onto Valewood Drive and prohibit west bound left turns
from Immokalee Road onto Oakes Boulevard
9) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of $40,800 which was posted as a development
guaranty for an Early Work Authorization (EWA) (AR-12808) for
work associated with Naples Motorcoach Resort.
For a project near the intersection of US41 and Collier Boulevard
10) Recommendation to approve the release of a code enforcement lien
with an accrued value of $8,205.37 for payment of $1,105.37 in the
code enforcement action entitled Board of County Commissioners v.
Pentecostal Church of God, Code Enforcement Board Case No.
1999071503 relating to property located at 630 W. Main Street,
Collier County, Florida.
The result of violations, consisting of interior alterations that
include framing, insulation, plumbing, electric, drywall and
mechanical without obtaining a building permit
11) Recommendation to approve the release of a code enforcement lien
with an accrued value of $1,588,637.89 for payment of $450 in the
code enforcement action entitled Board of County Commissioners v.
Jean Claude Martel, Code Enforcement Board Case No. 2006081112
relating to property located at 3176 Karen Dr., Collier County, Florida
The property was brought into compliance August 25, 2015,
before it was purchased by new owners, unaware of the violations
12) Recommendation to approve the release of code enforcement liens
with a value of $719,202.05 for payment of $9,631.29 in the code
enforcement actions entitled Board of County Commissioners v. Terry
Dilozir, Code Enforcement Board Case Nos. CENA20120018018,
CEPM20130004774, CENA20130012648, CEPM20130018213,
CENA20130018218, CESD20130018223, CENA20130019701, and
CENA20140009060 relating to property located at 5322 Catts Street,
Collier County, Florida.
As detailed in the Executive Summary
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February 12, 2019
13) Recommendation to approve the release of five code enforcement
liens with an accrued value of $1,307,982.30 for payment of
$13,032.30 in the code enforcement actions entitled Board of County
Commissioners v. Jean Claude Martel, Code Enforcement Board Case
Nos. 2000070505, 2007030338, 2007080353, CEPM20090015533,
and CENA20100009616 relating to property located at 3190 Karen
Dr. Collier County, Florida.
As detailed in the Executive Summary
14) Recommendation to approve the 2019 schedule for submittals to
amend the Collier County Growth Management Plan (GMP), as
aligned with Florida Statutes, and approve exemptions from the
schedule
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board (CRAB), approve and
authorize the Chairman to sign the First Amendment to the approved
Grant Agreement between the CRA and Residential Options of
Florida (ROOF) to extend the construction start date, after the fact, for
renovations to a single-family home to establish Independence Place,
located in the Immokalee Community Redevelopment Area.
The amendment extends the grant construction start date by 123
days, giving them 213 days to start the construction of this project
2) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board (CRAB), approve an
Agreement with Florida Power and Light to install six streetlights
along Linwood Avenue in the Bayshore Gateway Triangle CRA and
authorize the Chairman to sign.
To improve public safety along Linwood Avenue between
Commercial Drive and Linwood Way within the Bayshore
Gateway Triangle CRA
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award Invitation to Bid No. 18-7455, “Plumbing
Contractors,” to Gator Drain and Plumbing LLC, as the primary
contractor, and BC Plumbing Service of Southwest Florida, Inc. as the
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February 12, 2019
secondary contractor, for county-wide on-demand plumbing
contractor services.
To obtain on-demand plumbing services for the repair and
maintenance of government facilities
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve After the Fact grant request to the
Florida Department of Environmental Protection Recreational Trails
Program, funding in the amount of $250,000 to design, permit, and
install outdoor fitness stations along the trail at Conner Park.
To increase accessibility and fitness opportunities expressed
during public input in Parks’ 2018 Master Plan
2) Recommendation to approve an after-the-fact contract Amendment
and Attestation Statement between the Area Agency on Aging for
Southwest Florida, Inc. (Agency) and Collier County Services for
Seniors to extend the Older Americans Act (OAA) Programs grant
period through February 28, 2019. (No Fiscal Impact)
OAA Programs are federal initiatives that provide assistance to
older persons
3) Recommendation to approve the State Housing Initiative Partnership
(SHIP) Program expenditure extension for FY2015/2016 through May
30, 2019.
To continue to promote affordable housing strategies for low to
moderate-income persons
4) Recommendation to authorize a Budget Amendment to accept and
appropriate restricted donations totaling $10,000 to support the
replacement of the East Naples Branch Library carpet.
Two (2) anonymous donors contributed $5,000 each with a
request the money be used towards replacement of carpet over
20-years old and showing signs of extreme wear
Continued to the February 26, 2019 BCC Meeting (Per Agenda Change Sheet)
5) Recommendation to authorize expenditures for subscriptions to
Flipster, Discovery Service, NoveList Plus, and NoveList Select,
proprietary software offered through EBSCO Industries, Inc.
(EBSCO), for Library patron use in an amount not to exceed $150,000
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February 12, 2019
per Fiscal Year, as budgeted, through FY2021.
Continued to the February 26, 2019 BCC Meeting (Per Agenda Change Sheet)
6) Recommendation to authorize expenditures for the subscription to
Hoopla streaming service from Midwest Tape, LLC (Midwest Tape)
for Library patron use in an amount not to exceed $200,000 per Fiscal
Year, as budgeted, through FY2021.
7) Recommendation to approve the selection committee’s ranking and
authorize staff to negotiate contracts with Quality Enterprises USA,
Inc., Capital Consulting Solutions, and NR Contractors, Inc., related
to Request for Professional Services (RPS) #18-7490 “Design Build
Contractors for Collier County Bus Shelters”.
To design and construct bus stops with shelters and amenities
and/or bring existing stops into ADA Compliance
8) Recommendation to authorize the necessary Budget Amendment to
Parks Boater Improvement Capital, Bayview Park expansion project
80311 in the amount of $53,000 to include on street parallel parking.
To improve the Hamilton Avenue corridor to accommodate boat
trailer overflow parking at Bayview Boat Park
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to accept and ratify the Debarment Determination
made by the Procurement Services Division placing Bradanna, Inc. in
a debarred state for a period not to exceed three (3) years.
As detailed in the Executive Summary
2) Recommendation to award Invitation to Bid (ITB) #19-7522 “Fleet
Vehicles” to Tamiami Ford, Inc. for the purchase of vehicles needed
to support County operations.
3) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
As detailed in the Executive Summary
F. COUNTY MANAGER OPERATIONS
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February 12, 2019
1) Recommendation to approve Tourist Development Tax Promotion
Funds to support eight upcoming March and April 2019 Sports
Tourism Events up to $49,450 and make a finding that this
expenditure promotes tourism.
Includes the following events: Southern Tropics Pickleball on
March 8-10, 2019; Azzuri Storm Spring Soccer Shootout March
30-31, 2019; Alligator Alley Baseball on April 5-7, 2019; YSA
Presidents Cup - Florida Fire Soccer; Adidas Spring Classic -
Florida Fire soccer event on April 27-28, 2019; National Junior
USTA L3 Tennis event on March 23-25, 2019; USTA National
Singles Clay Court Championship on March 29-31, 2019 and the
USTA Doubles Clay Court Championships event on April 5-7,
2019
2) Recommendation to approve the Sponsorship Agreement between
Collier County and Spirit Promotions for the 2019-2021 US Open
Pickleball Championships and make a finding that this item promotes
tourism.
Expending funds in the amount of $345, 00 that will be paid
through 3 installments
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2018-19 Adopted Budget.
Resolution 2019-20
4) 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
BA #19-231 ($25,000) and BA #247 ($21, 248)
5) Recommendation to award RFP No. 18-7456 “Website Services” to
Miles Partnership, LLLP (Annual Fiscal Impact $299,880) and make
a finding that this item promotes tourism.
As detailed in the Executive Summary
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
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February 12, 2019
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve an Interlocal Agreement for Election
Services for the April 2, 2019, City of Naples Special Election.
2) 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 Naples
Reserve subdivision.
In regards to individuals speeding in and out of the community
3) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between January 10, 2019 and January 30, 2019 pursuant to
Florida Statute 136.06.
4) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of February
6, 2019.
5) Audit Report 2019-1 Job Creation Investment Program: Arthrex and
Arthrex Manufacturing.
As detailed in the Executive Summary
K. COUNTY ATTORNEY
1) Recommendation to appoint five members to the Vanderbilt
Waterway Municipal Service Taxing Unit Advisory Committee.
Resolution 2019-21: Appointing Phillip Arnold, Clint Cuny,
Vincent Fantegrossi, Nancy Koeper and Pamela A Marsal
2) Recommendation to reappoint a member to the Golden Gate
Community Center Advisory Board.
Resolution 2019-22: Re-appointing Kaydee Tuff to a 3-year term
expiring December 31, 2021
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February 12, 2019
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
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Adopted – 5/0
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 a Resolution
renaming Breeze Court to Justins Way. The subject street is located south of
Calusa Avenue, just west of Airport-Pulling Road, in Section 11, Township
50 South, Range 25 East, Collier County, Florida. [PL20180002683]
Resolution 2019-23
18. ADJOURN
- Consensus
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
February 12, 2019
Page 2
MR. OCHS: Ladies and gentlemen, please take your seats.
CHAIRMAN McDANIEL: Good morning, everybody.
COMMISSIONER FIALA: Good morning, sir.
CHAIRMAN McDANIEL: If we can get Commissioner Taylor
to come on back up here and quit visiting.
All right. All right. Good morning, everyone. Good morning.
We're really happy to have you here.
If you would, please, rise with me. We're going to have the
invocation by Reverend Edward Gleason from Trinity by the Cove
Episcopal Church, and then Commissioner Solis will lead us in the
Pledge.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
REVEREND GLEASON: Almighty God, teach our people to
rely on your strength and to accept their responsibilities to their
fellow citizens; that they may elect trustworthy leaders and to make
wise decisions for the well-being of our society; that we may serve
you faithfully in our generation and honor your holy name.
And we pray you send down upon those who hold office in this
county the spirit of wisdom, charity, and justice; that with steadfast
purpose, they may faithfully serve in their offices to promote the
well-being of all people. We offer these, our petitions and desires,
through your holy name. Amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: Well, I've got a couple of
housecleaning things as far as announcements and things I'd like to
do before we go off into our agenda.
First off, I'd like to say that I'm pleased to announce that the
February 12, 2019
Page 3
Collier County schools, the 4H extension and the League of Women
Voters has resumed the Know Your County Government program for
high school juniors and seniors, and the Board will be having lunch
with them today, and we're really looking forward to that.
The focus for this program is to show these high school students
the variety of tasks, functions, and various county departments and
for them to learn about career opportunities in government.
And I think Commissioner Saunders had a message with regard
to skipping school or something?
COMMISSIONER SAUNDERS: No, but that's a good thought,
now that you mentioned it.
COMMISSIONER SOLIS: That he did it.
CHAIRMAN McDANIEL: No. We're teaching -- we're
teaching those things. So with that --
COMMISSIONER FIALA: How to skip school?
CHAIRMAN McDANIEL: Yes. We're really, really happy to
have you-all here today and look forward to visiting with you --
COMMISSIONER SAUNDERS: We're going to have
government day at the beach tomorrow.
CHAIRMAN McDANIEL: So there you are. We don't need to
read the schedule of how it's all going to go, do we? Do you want me
to? Or no. It was highlighted. Again, welcome. We look forward to
visiting with you today.
Secondly, our featured Artist of the Month is a Collier County
resident, Deborah Queally.
For Deborah, photography is her passion and joy. She seeks to
capture images of the beauty that she sees in the world, especially the
beautiful wildlife and landscapes. Each photograph tells a story.
Deborah's photos have been displayed in several exhibitions,
including exhibitions in Denmark and Greece. Deborah and her
husband both reside in Marco Island. And those photographs, if you
February 12, 2019
Page 4
will, are displayed across the back of the room. So at our -- oh, and
she's here. Howdy do, Ms. Deborah.
(Applause.)
COMMISSIONER FIALA: Could I say something for just a
second?
CHAIRMAN McDANIEL: Absolutely; please.
COMMISSIONER FIALA: See that picture of the giraffe?
Well, in our company newsletter to our employees, they had a bunch
of statistics, and in there it said that the giraffe has a tongue so long it
can clean its own ears.
COMMISSIONER SOLIS: I'm sorry. I thought she was trying
to send us a message.
COMMISSIONER TAYLOR: She is.
CHAIRMAN McDANIEL: And before we go much further, I
was delinquent today. At the traffic light, I forgot to wear my red. I
want to wish everybody a Happy Valentine's Day. And look here.
Who are the only two that care?
COMMISSIONER FIALA: We're the girls.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER TAYLOR: We know. I think one year we
actually got --
CHAIRMAN McDANIEL: I actual brought you a flower my
first year coming in here, but that was when I was --
COMMISSIONER TAYLOR: You did. See what happens? See
what happens?
CHAIRMAN McDANIEL: -- trying.
COMMISSIONER TAYLOR: So soon they forget.
CHAIRMAN McDANIEL: Yes, yes, yes. Honeymoon is over.
COMMISSIONER TAYLOR: The honeymoon is over.
CHAIRMAN McDANIEL: All right. Let's go on here with our
regularly scheduled agenda. First off we're going to go to 2A, and
February 12, 2019
Page 5
approval of our consent and summary agenda as --
MR. OCHS: Mr. Chairman?
CHAIRMAN McDANIEL: Yes.
MR. OCHS: Sorry to interrupt.
CHAIRMAN McDANIEL: Is that your job to be calling these
things out?
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
Item #2B and #2C
MINUTES FROM THE JANUARY 8, 2019 BCC/REGULAR
MEETING AND JANUARY 22, 2019 BCC/REGULAR MEETING
– APPROVED AS PRESENTED
MR. OCHS: Well, I need to go through the change sheets so
you're making the vote on the final agenda, if you don't mind.
All right. So these are the proposed changes to your agenda for
today's meeting of February 12th, 2019.
The first proposed change is to continue Item 16D5 from your
consent agenda to the next board meeting. This is a procurement of
subscription services for the library. Commissioner McDaniel has
asked for that to be continued till the next meeting.
The next item is Item 16D6, also to be continued for one meeting.
These are some subscription streaming services for your library
February 12, 2019
Page 6
system that Commissioner McDaniel wanted some more information
on, and we're happy to do that.
One agenda note, and this has to do with Item 11B on your
regular agenda. I just wanted to let you know that there's a change in
the recommendation in the listing of the title. Instead of a
recommendation to reject the offer, it is, instead, a recommendation
to defer a decision on the offer received on the Randall Curve
property until such time as all offers are brought back to the Board
for review on April 23rd as previously directed by this board.
I think that's even more timely, as you'll hear today, that we received
a new offer from these folks last night at 7:00, so -- but we'll talk to
you more about that when we present.
A couple of time-certain items today. Commissioners, you're
scheduled to hear Item 9A at 9:30 a.m. That is a Land Development
Code amendment regarding your affordable housing program.
Item 11A will follow Item 9A, and that is a proposed amendment to
your Conservation Collier ordinance and, finally, at 11 a.m. you're
scheduled to hear Item 10A. This is an unsolicited offer on the
county-owned 17-acre parcel on Bayshore Drive.
And the one reminder that I have has already been discussed by
the chair, that you'll be having lunch upstairs on the fifth floor with
the young men and women from your Know Your County
Government Day.
That's all the changes I have, sir.
CHAIRMAN McDANIEL: Outstanding. All right. So let's --
do you want to go -- we can go through the ex parte first.
Commissioner Solis?
COMMISSIONER SOLIS: No changes and no disclosures.
CHAIRMAN McDANIEL: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I have no changes to the
agenda, no additions, or corrections, and as far as the ex parte, I have
February 12, 2019
Page 7
none to state.
CHAIRMAN McDANIEL: To declare either. How about
Commissioner Saunders?
COMMISSIONER SAUNDERS: No disclosures and no ex
parte.
CHAIRMAN McDANIEL: Commissioner Taylor?
COMMISSIONER TAYLOR: No disclosures, no changes, and
nothing else. Thank you.
CHAIRMAN McDANIEL: And I am the same; I have no
disclosures or any changes. And so with that, I'll take a motion for
the approval of today's agenda and the minutes from our January
meetings.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER SOLIS: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve our again as amended and accept our minutes as
presented. All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
All right. Let's go into proclamations.
Proposed Agenda Changes
Board of County Commissioners Meeting
February 12, 2019
Continue Item 16D5 to February 26, 2019 BCC Meeting: Recommendation to authorize
expenditures for subscriptions to Flipster, Discovery Service, NoveList Plus, and NoveList Select,
proprietary software offered through EBSCO Industries, Inc. (EBSCO), for Library patron use in
an amount not to exceed $150,000 per Fiscal Year, as budgeted, through FY2021. (Commissioner
McDaniel’s request)
Continue Item 16D6 to February 26, 2019 BCC Meeting: Recommendation to authorize
expenditures for the subscription to Hoopla streaming service from Midwest Tape, LLC (Midwest
Tape) for Library patron use in an amount not to exceed $200,000 per Fiscal Year, as budgeted,
through FY2021. (Commissioner McDaniel’s request)
Note:
Item 11B title to read: Recommendation to defer a decision on the offer received from Reginald
Kreilich, Jonathan Jensen and Andrew Phillips in the amount of $600,000 for the purchase of the
County-owned parcel, known as Randall Curve, pending a full review by the Board of all offers
received on this parcel at the April 23, 2019 BCC Meeting.
Time Certain Items:
Item 9A to be heard at 9:30 a.m., immediately followed by Item 11A
Item 10A to be heard at 11:00 a.m.
2/26/2019 4:53 PM
February 12, 2019
Page 8
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING THE WEEK OF FEBRUARY
10-16 AS KNOW YOUR COUNTY GOVERNMENT WEEK.
ACCEPTED BY PARTICIPATING 4-H STUDENTS
REPRESENTING AREA HIGH SCHOOLS – ADOPTED
MR. OCHS: Yes, sir. We move on to Item 4A. This is a
proclamation designating the week of February 10th through the 16th
as Know Your County Government Week. To be accepted by the
participating 4H students representing our area high schools. So if
you'd please step forward and receive your proclamation.
(Applause.)
CHAIRMAN McDANIEL: Are you the receiver of the
proclamation?
UNIDENTIFIED SPEAKER: Sure.
COMMISSIONER McDANIEL: Sure. We're going to get to
see you guys all at lunch.
(Applause.)
MS. FIGUEROA: Hello. Good morning. I am Sophia
Figueroa, and I represent the youth that's a part in Know Your
County Government Program.
Today is our final day of touring around Collier County. We
have stood on top of mounds of trash, seen the dirty water become
clean, gone from the health department, to the jail, and found out
where our elected officials are.
February 12, 2019
Page 9
We went to 20 different departments, too many to list, but they
gave us an idea of the variety of services that are provided by our
government employees.
We would like to thank the Collier County Public Schools, the
League of Women Voters, and the Collier County 4H for this
opportunity. Through this program we have the opportunity here
firsthand how the different departments work to many of our
counties, the best county in Florida.
We like -- we would like to thank the department and
representatives for taking their time out of their busy day to show us
around and tell us about what they do. This gave us many ideas of
jobs we might want to do in the future.
Collier County is an amazing place to live, and we now have an
understanding of what it takes to make it happen.
So many passionate people working hard to make sure that the
county's a great place to live. Thank you to all who had made this
happen and help us youth get a better understanding of our
government.
CHAIRMAN McDANIEL: Thank you.
(Applause.)
Item #4B
PROCLAMATION RECOGNIZING THE LATCHKEY LEAGUE
AND ITS FOUNDER MYRA JANCO DANIELS FOR
PROVIDING OPPORTUNITIES TO CHILDREN IN NEED OF
AFTER-SCHOOL SUPERVISION TO PARTICIPATE IN
EDUCATIONAL, CULTURAL AND RECREATIONAL
ACTIVITIES. ACCEPTED BY MYRA JANCO DANIELS –
ADOPTED
February 12, 2019
Page 10
MR. OCHS: Item 4B is a proclamation recognizing the
Latchkey League and its founder, Myra Janco Daniels, for providing
opportunities to children in need of after-school supervision to
participate in educational, cultural, and recreational activities. And
we're honored to have Ms. Daniels here this morning to receive the
proclamation.
(Applause.)
COMMISSIONER FIALA: Betty, take a picture of all the
people standing, would you?
CHAIRMAN McDANIEL: Let's go stand with her.
COMMISSIONER FIALA: I'm the shortest one, so I get to
stand next to her.
CHAIRMAN McDANIEL: We'd like to give you the
microphone.
MS. DANIELS: Well, I'm very pleased because I've been here
before; however, this is all about kids. And I had the itch and the
idea of starting this school, and then we had people like Betty Bailey,
who is our president, work very hard to keep it going. And if you
want to see a good school for kids that don't have anyplace to go after
school, their folks work, they don't get the proper food, come to the
Salvation Army school that we built, every penny of it. And we're
going to keep going, because it's the right idea.
And I'm grateful to live in a community like this that is so receptive.
(Applause.)
COMMISSIONER FIALA: And anybody who isn't a member
of the Latchkey kids is welcome to join anytime. We would love to
have your participation. I'm a member; I hope you are going to be as
well.
MS. DANIELS: And a helper you are.
COMMISSIONER FIALA: Thank you.
COMMISSIONER TAYLOR: You know, I'd like to say
February 12, 2019
Page 11
something about Myra Daniels. This is a woman who, as we know,
made art and brought art to Collier County. I mean, Myra Daniels
built the Philharmonic, and to think that a woman that was at every
show rubbing elbows with world-renowned musicians and artists
would even think about those that are forgotten, the children that had
no place to go in the afternoon, it's extraordinary. And it speaks
volumes of your heart and of your soul. And thank you for being part
of Collier County.
CHAIRMAN McDANIEL: Absolutely.
(Applause.)
Item #4C
PROCLAMATION COMMENDING THE MARCO ISLAND
HISTORICAL SOCIETY, THE COLLIER COUNTY MUSEUMS,
AND ALL INVOLVED FOR BRINGING "HOME" ON-LOAN
PRECIOUS ARTIFACTS THAT WILL EDUCATE AND INSPIRE
PEOPLE OF ALL AGES. ACCEPTED BY REPRESENTATIVES
OF THE MARCO ISLAND HISTORICAL SOCIETY – PAT
RUTLEDGE, MICHAEL O'ROURKE AND AUSTIN BELL AND
REPRESENTATIVES OF THE COLLIER COUNTY MUSEUMS –
AMANDA TOWNSEND AND JENNIFER PERRY – ADOPTED
MR. OCHS: Item 4C is a proclamation commending the Marco
Island Historical Society, Collier County Museums, and all involved
for bringing home on loan precious artifacts that will educate and
inspire people of all ages. To be accepted this morning by
representatives of the Marco Island Historical Society, Pat Rutledge,
Michael O'Rourke, and Austin Bell; and Amanda Townsend and
Jennifer Perry from your Collier County museum staff.
COMMISSIONER TAYLOR: Tell us a little bit about the cat.
February 12, 2019
Page 12
Oh, good; you're going to.
MS. RUTLEDGE: A little bit about the cat. So the Key Marco
cat is one of the iconic pieces that was uncovered in 1896 by Frank
Hamilton Cushing when he was excavating on Marco Island, and it
was preserved in a mock (phonetic), an oxygen-free environment, for
anywhere from 500 to 1,500 years. And when it came up out of that
soil, it looked, we think, as it would have looked when it was made.
So it's an amazing piece. But all of the artifacts are amazing. There
are over a thousand pieces that came out of the ground on Marco
Island that tell the tale of people that really have vanished. So we are
so, so pleased to have those artifacts and that exhibit in the Marco
Island Historical Museum.
I just want to say that this, for the Historical Society, is the
realization of a 25-year dream, and for the Historical Society and the
Collier County Museum System, it is the completion of a four-year
project that shows how successful public/private partnerships can be,
because it was only through the work of both organizations that we
were able to successfully apply to the Smithsonian Institution and the
University of Pennsylvania to bring those pieces home together for
the first time in over 100 years on Marco Island.
So we are very, very grateful for all of the support that we've
received in building the museum and successfully bringing home
those treasures. Thank you.
(Applause.)
CHAIRMAN McDANIEL: Don't go away, ma'am. Do you
want to speak to her or make a statement?
COMMISSIONER FIALA: Just make a statement.
Pat is probably the greatest executive director you've ever met,
by the way, if I just may throw that in. This was something that
started -- there was a historical society on Marco Island for a long
time, and I was very fortunate to be a member or close friend of
February 12, 2019
Page 13
theirs.
And so, anyway, they called me and they said, we'd like to build
a museum. Well, here's this, you know, cute, little fledgling little
group of people, and they want to build a museum. And they came
up and they said, and we'd like $25,000 if the county can give it to us.
And I called Leo Ochs on the phone, and I said, Leo -- right in
front of them on the speaker, I said, we'd like to -- they'd like to build
a museum here, I said, and they want $25,000.
And Leo said, you know, we own a piece of land right there,
right across the street from the library. How about if we give them
that land and give them five years to gather all the money together
and build the museum -- not actually build it, but at least have the
money to build the museum in five years, and if we do, we'll give
them the land, and they can then give us the museum to operate for
them from there on in, and that's how it all began.
If he wouldn't have said, you know, we've got that land, it
probably wouldn't have been as easy to do, by the way. And they
recognized the county at the wonderful gala that we had the other
night.
And so I want to tell you, this group of people worked so hard,
just like the people that work for you, Myra. And they really worked
hard to get this thing done. And now we have gotten that place --
now they've got 24-hour guard service over at the museums, because
in order to get this loan, we have to do exactly what the Smithsonian
said or we lose it.
So I hope all of you come out and see it. It's really worth seeing
and reading all the stuff. The museum is outstanding.
So that's just my plug. Thank you.
(Applause.)
MS. RUTLEDGE: Just quickly, during our public opening
celebration on January 26th -- and Jack Wert was with us that day --
February 12, 2019
Page 14
we had over a thousand people come through the museum campus
just in that one day. And our visitor-ship, we have 500-plus visitors a
day on various days. People are so excited that the artifacts are here.
So thank you for bringing all that good news to Collier County
and Marco Island.
CHAIRMAN McDANIEL: One second. Yes, thank you.
COMMISSIONER TAYLOR: Yes. And I believe I read this -- help
me with this -- you had to do a little special with air-conditioning and
retrofitting the museums; is that correct?
MS. RUTLEDGE: We have environmental requirements that
had to be met. Commissioner Fiala referred to the security
requirements.
One of the things that we had to do -- and this was thank you to
Collier County -- we had to install a generator, because we're a
barrier island. And if we lose power, then none of those
environmental and security controls will work.
So we actually had to build a concrete building, small, to house
a generator so that we will not be endangering these treasures. They
can be almost 1,500 years old. We have a responsibility while they're
in our care to protect them. And so Collier County was right there
with us to do that.
CHAIRMAN McDANIEL: Thank you.
MS. RUTLEDGE: Thank you.
Item #4D
PROCLAMATION DESIGNATING FEBRUARY 11-15 AS
ECONOMIC DEVELOPMENT WEEK IN COLLIER COUNTY.
ACCEPTED BY MICHAEL DALBY, SUSAN PAREGIS, DICK
GRANT, JENNIFER PELLECHIO AND JACE KENTNER –
ADOPTED
February 12, 2019
Page 15
MR. OCHS: Item 4D is a proclamation designating
February 11th through the 15th as Economic Development Week in
Collier County. To be accepted by Michael Dalby, representing the
Greater Naples Chamber; Susan Paregis, representing the Southwest
Florida Economic Development Alliance; Dick Grant and Jennifer
Pellechio, representing Economic Incubators Incorporated; and Jace
Kentner, your Director of our county Office of Business and
Economic Development.
(Applause.)
MR. GRANT: I was asked to say something on behalf of
everybody. I'll be brief.
You support three organizations that are all oriented toward
trying to promote economic development, economic diversification.
We applaud you for it. We appreciate your support.
I know, speaking for myself, and the two organizations that I'm
part of, as well as the Opportunity Naples, I believe everybody tries
very hard on a regular basis to do the job well and to try to produce
value for the public dollars that are spent. We think that's important.
We know it's important to you. And thank you for your support.
(Applause.)
MR. OCHS: Mr. Chairman, if I could get a motion to approve
today's proclamations, please.
COMMISSIONER FIALA: Motion to approve today's
proclamations.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve today's proclamations.
Any discussion?
(No response.)
CHAIRMAN TAYLOR: All in favor?
February 12, 2019
Page 16
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. OCHS: Thank you.
Item #5A
THE COLLIER COUNTY BUSINESS OF THE MONTH FOR
FEBRUARY 2019 TO FRIENDS OF ROOKERY BAY.
ACCEPTED BY ATHAN BARKOUKIS, EXECUTIVE DIRECTOR
AND TOM MARQUARDT, BOARD PRESIDENT. ALSO
PRESENT IS BETHANY SAWYER REPRESENTING THE
GREATER NAPLES CHAMBER OF COMMERCE –
PRESENTED
MR. OCHS: We move on to Item 5. These are your
presentations this morning.
Item 5A is a presentation of the Collier County Business of the
Month for February 2019 to Friends of Rookery Bay. To be accepted
by Athan Barkoukis, Executive Director; Dan High, a board member;
and also Bethany Sawyer representing the Greater Naples Chamber
of Commerce. If you'd please step forward.
(Applause.)
MR. BARKOUKIS: Commissioners, members of the public, on
behalf of the board of directors of the Friends of Rookery Bay, I want
February 12, 2019
Page 17
to extend my sincere appreciation to the Greater Naples Chamber of
Commerce for this distinction of the Business of the Month for
February 2019. Michael Dalby, thank you so much.
Through volunteerism, outreach, advocacy, and fundraising, the
Friends are able to support Rookery Bay research reserve, which
encompasses 40 percent of Collier County's coastline from
downtown Naples all the way to the western edge of the Everglades,
and we've been doing that for more than 30 years. And the reserve
this year is celebrating its 40th anniversary. This is your community.
Most notably, through a generous donation by Lavern Gaynor,
we're able in March to establish the Norris Gaynor scholarship that's
going to fund student internships at Rookery Bay in perpetuity. So if
you're interested in the environment, please consider that in the
future.
We're also able to, just in January, we purchased and donated to
the reserve a brand-new custom built research vessel because another
one was destroyed in Hurricane Irma, and that way reserve scientists
are able to continue great science in management, which makes
informed decisions that impact our county coastline.
With all I've learned and all the connections I've made in
Leadership Collier 2019 -- and for those of you that don't know,
please check out Leadership Collier because it's an incredible
opportunity provided by the Chamber -- I look forward to working
with the commissioners, the community, and everyone to address
some of the very critical issues that are facing our environment from
water quality and beyond.
Thank you and have a wonderful day.
(Applause.)
CHAIRMAN McDANIEL: Don't go away.
COMMISSIONER FIALA: Don't forget to tell them about the
bash.
February 12, 2019
Page 18
MR. BARKOUKIS: Oh, boy. Donna will be there.
March 15th, of course, we have our signature Bash for the Bay down
at the Rookery Bay Environmental Learner Center. If you like fun
and giving back to the community, I highly encourage you to attend
and, as well, we have on April 8th, through contributions by the
Tourist Development Council and the State of Florida, a one-hour
PBS documentary that's going to be airing at Silver Spot and then
across the State of Florida on Earth Day. So two things to mark in
your calendar.
Thank you, Commissioners.
(Applause.)
Item #5B
RECOGNIZING KATIE SIBERT, HUMAN RESOURCES
TECHNICIAN, ADMINISTRATIVE SERVICES DEPARTMENT
AS THE 2018 EMPLOYEE OF THE YEAR – RECOGNIZED
MR. OCHS: Item 5B is a recommendation to recognize Katie
Sibert, Human Resources Technician with your Administrative
Services Department, as the 2018 Employee of the Year.
Katie, if you'd please step forward.
(Applause.)
CHAIRMAN McDANIEL: Bring up the daughter, please. You
have to see this little girl. This little girl has a dress on just like mom.
(Applause.)
MR. OCHS: Going to steal the show.
COMMISSIONER FIALA: So we have a little one for the girl,
too?
MR. OCHS: Katie, stay right there. You've got an armful, so
I'll go through this quickly, but the Board needs to know, and so does
February 12, 2019
Page 19
the public, about the good work that you do.
Commissioners, Katie's been with the county since 2013
working in our Human Resources Division. Katie was instrumental
in volunteering during Hurricane Irma to coordinate all the site
inspections required by FEMA to capture hurricane-related damages.
She undertook an enormous responsibility by synchronizing the site
visits with representatives from FEMA, the county staff, and our
disaster recovery consulting service, all the while, while she was
continuing to perform her regular duties in the Human Resources
Department.
Because of her tireless efforts, Collier County and FEMA were
able to complete all the site and pre-site visits of damaged
infrastructure sustained from the impact of the Category 4 hurricane
within nine months following landfall. And that sounds like a long
time, but when you've been in the business for a while, that is pretty
quick turnaround.
Her determination and her endless ability to find ways to
schedule these inspections while accommodating all of the parties
involved demonstrates how very deserving she is of this award, and
it's my honor, Commissioners, to present Katie Sibert as your
Employee of the Year for 2018.
Congratulations, Katie.
(Applause.)
CHAIRMAN McDANIEL: We wanted to show off your
daughter, but we'll take them all.
MS. SIBERT: Sorry. We have another one coming.
MR. OCHS: Balance it out. We have to go over there.
(Applause.)
Item #5C
February 12, 2019
Page 20
RECOGNIZING NOSBEL PEREZ, SUPERVISOR -
LABORATORY, GROWTH MANAGEMENT DEPARTMENT AS
THE SUPERVISOR OF THE YEAR 2018 – RECOGNIZED
MR. OCHS: Item 5C is a recommendation to recognize Nosbel
Perez, Supervisor in the Laboratory in your Growth Management
Department, as the Supervisor of the Year for 2018. Nosbel?
(Applause.)
MR. OCHS: Stay right there. I've got to tell the world about
you.
Commissioners, each year the Human Resources Division
solicits nominations from all county employees to select one special
supervisor who exemplifies the characteristics of great leadership.
This year 34 nominations were received and considered by the
Employee of the Month Nominating Committee, and Nosbel has been
selected as your Supervisor of the Year and has served the county
since 2005.
He's a kind, caring, and compassionate supervisor of the
Pollution Control Lab. He truly cares about his people and provides
them whatever opportunities he can find for professional growth.
Nosbel encourages staff to cross-train, switch duties annually to help
keep them fresh and engaged and allow them to learn and grow as
clients. He encourages his staff to look for new ways to do things
that are more effective, more accurate, more environmentally
friendly, and cost efficient. He's not only a gifted chemist in his own
right but a wonderful supervisor with a great attitude and a drive to
get things done the right way the first time.
He certainly cares about his team and the lab and the public
awareness of our mission and is truly deserving of this honor.
Commissioners, it's my honor to present Nosbel Perez as your
Supervisor of the Year for 2018.
February 12, 2019
Page 21
Congratulations, Nosbel.
(Applause.)
MR. OCHS: Well, that was fun. I think we should quit right
there.
CHAIRMAN McDANIEL: And you're only seven minutes off
on your time-certain.
MR. OCHS: Not bad.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Which, Mr. Chairman, leads me to my next
question. We have four registered speakers under public comment,
No. 7, and you do have a 9:30 time-certain followed by another
time-certain. Would you like to take your four speakers before we
move into --
CHAIRMAN McDANIEL: I would, please, yes.
MR. OCHS: Very good.
Mr. Miller?
MR. MILLER: Your first registered speaker is Garrett Beyrent.
He will followed by Reverend Les Wicker. Garrett Beyrent?
CHAIRMAN McDANIEL: Going once.
MR. MILLER: Reverend Wicker, are you here? Reference
Wicker will be followed by Reverend Tony Fisher.
MR. OCHS: Here's Mr. Beyrent.
MR. BEYRENT: I was outside. Excuse me for being late.
For the record, I'm Garrett Beyrent. And I'm giving out my awards
again. I have awards for what you're going to do as county
commissioners in the coming months.
February 12, 2019
Page 22
And I have this particular award -- and I have to keep the budget
under $4 because there's some law that regulates that.
And this is my award. I'm giving it to Commissioner Fiala.
And this is really cool. I got it at the -- I got it at Alan Weiss' White
Elephant Thrift Store. And it was made by a kid that can't paint
within the lines. So what it is is some kind of weird little animal
holding a pickleball and a pickleball paddle. So I said, this reminds
me -- I painted the pig, though, to make it pinkier, because that's your
favorite color. So I'd like to give that to Commissioner Fiala.
And I've got an award here, too, for Burt Saunders for Burt
showing up as often as he has out at the Golden Gate farmers market.
I got an award for him, which is the weirdest thing I've ever saw. It
was given to -- I purchased it for $3. It's a Margaritaville iPhone
cover for an iPhone 5.
Now, I got it for $3. It's from St. Matthew's House. On the back
it has the retail price. This is Margaritaville merchandise.
COMMISSIONER SAUNDERS: I may be re-gifting that.
MR. BEYRENT: Oh, hey. For iPhone 5 -- I have an iPhone 5,
so -- I'm old. Anyhow, the price on the back of this is $38. See, so
I'm thinking, you know, Burt's a smart guy. He's going to figure out
how we're going to get Margaritaville away from Naples, and we're
going to keep pickleball under the control of Donna Fiala. So that's a
theory, okay.
MR. MILLER: Your next speaker is Reverend Les Wicker.
He'll be followed by Reverend Tony Fisher.
REVEREND WICKER: My name is Les Wicker. I'm the
pastor of First Congressional Church of Naples.
I'm here today to find justification for our church and the
churches of Collier County and nonprofits for being taxed for having
fire-protection meters over and above their normal water usage. If
we are to be taxed, there must be justification from the Utilities
February 12, 2019
Page 23
Department for this taxation.
The origin of this tax imposition was House Bill 849, Chapter
2003-353, a petition from the then water/sewer district. That was
2003, 15 years ago. Please note that the bill is referred to under
Section 1 as a tax.
On June 12, 2008, this board, at the petition of the Utilities
Department, exhumed the 15-year-old resolution. It should be noted
that this was recorded as a majority vote, indicating it was not
unanimous.
In an effort to justify the fee, the Utilities Department stated in a
letter to churches and nonprofits, October 1, the Utility Department
works hard to provide safe, clean water. That would be true of every
utilities department in the United State of America, but working hard
is no justification for taxing churches.
In an article in the Naples Daily News, writer Brent Batten
quoted the informational director of Collier County as saying the fire
districts tested hydrants once a year with a base charge of $2,269.
In checking with the fire district -- and I got it from the horse's
mouth, the chief himself -- this is simply not true.
Our hydrant has been checked every year, and neither we nor
any church in Collier County has been charged a fee for checking the
hydrant. Can you imagine a fire district turning on the water for 20
minutes and sending the church a bill for $2,269. What planet are we
living on?
The federal government and state governments make allowances
for religious and non-profit communities by granting 501(c)3 status.
CHAIRMAN McDANIEL: Sir, your time is up.
REVEREND WICKER: Okay. Could I say one more?
CHAIRMAN McDANIEL: Your point is made.
REVEREND WICKER: Okay. If my point is made...
CHAIRMAN McDANIEL: Yes.
February 12, 2019
Page 24
REVEREND WICKER: All right.
MR. MILLER: Your next speaker is Reverend Tony Fisher.
He'll be followed by Rae Ann Burton.
REVEREND FISHER: Good morning. Thank you very much
for listening this morning. Thank you for your work and your
leadership in the county, for your consideration of the people in the
business of the county.
My name is Anthony Fisher. I'm the Minister at the Unitarian
Universalist Congregation of Greater Naples.
I'd like to follow Reverend Wicker in requesting that the
commissioners look again at the fee being charged to churches and
nonprofits based on the fact that they have a water-suppressant
system -- fire-suppressant system in their buildings.
Our building has been in place for over 20 years. We've had a
fire-suppressant system engaged for that long. We pay a fee of over
$1,000 a year for an outside organization to come and check our
system to look carefully that it's working and functional.
We pay our regular water bill, which is about an average of
about $125 a month. We pay that regularly. We have been recently
assessed a fee of $338.25 each month for having a fire-protection
meter, water-protection meter.
And this is not something that is easy for the congregation to
absorb. It's a $4,059-a-year charge for simply having a meter that
registers zero every month that is in place for our fire-suppressant
system.
We don't understand the need. In the newspaper, the Naples
Daily News, I quote, this fee is based on maintaining water
distribution and exercising the valves.
This should be the work of the Public Utilities at all times.
There's no separate water supply. There's no need for an additional
charge.
February 12, 2019
Page 25
I would urge you as commissioners to look again at what you
voted for. This seems particularly unfair to a congregation that
budgets carefully its dollars every year. We have to balance the
budget just like you do. This $4,059 represents over three median
pledges, three additional median pledges for our congregation. We
don't budget for this.
The fee began in October. Our fiscal year is April 1st to
March 31st. There was no way we could absorb this additional
$4,000 charge in the course of our year. So I urge you carefully to
think about this fee, to look into it for the future years we have paid
so far this fee, but urge you to consider reconsidering the
implementation of this fee.
Thank you very much.
MR. MILLER: Your final speaker for public comment is Rae
Ann Burton.
CHAIRMAN McDANIEL: And as Ms. Rae Ann's coming up,
just as a point of reference, we don't vote -- these items -- these
speakers are allowed to speak, necessarily, about anything with
regard to what's going on in our community. And our Board
cannot -- will not take action on that without a properly duly-noticed
advertised agenda item.
So just as a point of clarification, folks have the right to come up
and speak, necessarily, about anything. And I do suggest, for those
that do have an issue such as what has been presented so far, that you
reach out to your commissioner of such and ask that an agenda item,
in fact, be brought up.
So that's as a point of clarification. This is Know your
Government Day. So, there.
MS. BURTON: Good morning. My name is Rae Ann Burton.
Address: 2530 31st Avenue Northeast, Naples.
I've been to about every meeting held by the commissioners and
February 12, 2019
Page 26
the MPO board since 2018. All of you heard the issues from road
expansion to destroying the environment with the S curve. Don't
increase housing construction density stating it's low-income
housing. A greed called taxes continues to increase taxes and
creating fees. Many could be seeking such housing to replace loss of
ones they now have.
Don't put the bus barn, which will be more than just school
buses on Randall Curve, already congested by traffic from
Immokalee. We've had several accidents.
Also, due to cars turning illegally into Publix center rushing
out -- and rushing out on exit under Randall or dead stops making a
right turn into the center. Make this curve a park for bike or walking
trails, something useful for the Estate residents.
Put the school buses on tax-paid school property. Security already
there.
Charging a tax called stormwater utility fees, stating purpose to
protect the aquifer, is defeated by impervious property created by
land clearing to build massive housing, developments, condos, and
apartments.
Stormwater utility is a tax. It's called a fee to bypass laws to
collect replacement funds. Make it ad valorem, and put it on a ballot.
Fees are charged to those that benefit from the service. Those
projects are not in the Estate but west.
Make the county use the funds set in the budget, see what it
covers and what it does not. That's the only way to get a true expense
of what is needed. There is a need, but this being charged twice for
service, we -- that we may not never see in the Estates.
Southern Florida depends heavily on tourist trade. People come
for the wetlands, the beaches, the rural environment hoping to see
things not found at home, enjoy the beaches, bike or walk trails, not
to see collections of high-rises, cookie-cutter housing developments,
February 12, 2019
Page 27
or heavy traffic caused by this congestion. They came to see unique
rural Florida, Olde Florida, as old as it can be today.
Your job is to protect and preserve, as stated in Policy 5.1 dash
to 5.3.8, Package Pages 180 to 183 states, to preserve rural character
as defined by large wooded lots, keeping of livestock, growing crops,
and wildlife activity, environmental stewardship, low-density
residential development limits on commercial and conditional uses.
Massive housing development increases tax and creates (sic) of fees
which most will not benefit, will destroy desire to live here or come
for vacations.
I pray you have the wisdom of Solomon in your decision.
Impacts everyone's life, not just those west of the Estates. Use the
revenues given. Don't talk -- tax for more revenues for reserves.
Taxpayers have to live on what they make. So should the county.
Thank you.
MR. MILLER: That was your final registered speaker for
public comment.
CHAIRMAN McDANIEL: Commissioner Saunders, before we
go on.
COMMISSIONER SAUNDERS: Mr. Chairman, obviously we
don't take any action or anything in reference to any of these
comments from the public, but I think it would be appropriate for us
to get a report back from the manager and perhaps have an agenda
item to talk about the fees to the churches for fire suppression just so
we get an understanding of what that's all about, because we've
gotten a lot of emails.
So I would ask that at our next meeting or some subsequent
meeting, perhaps at the end of March, second meeting in March, have
some kind of a report back to us on what this has --
CHAIRMAN McDANIEL: Certainly.
COMMISSIONER FIALA: And I'll second that.
February 12, 2019
Page 28
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: We're all okay with that.
And just as a point of discussion, you know, you've -- people are
welcome to solicit us to put items on the agenda, necessarily, any
time. So I welcome those requests as we go along. We don't
necessarily have to go through this process of coming here and
asking permission. So we do have the right to put things on at
whatever time we wish.
But I'm completely with you, Commissioner, so -- and I -- we
don't take votes, but there's five head nods yes.
MR. OCHS: Understood.
CHAIRMAN McDANIEL: Okay. So we're done.
REVEREND WICKER: Thank you.
CHAIRMAN McDANIEL: Oh, you're welcome. Point well
made.
REVEREND WICKER: Thank you. Okay.
Item #9A
ORDINANCE 2019-02: AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
TO MAKE CHANGES CONSISTENT WITH BOARD
DIRECTION, INCLUDING REVISING THE AFFORDABLE
HOUSING DEFINITION, UPDATING THE TERMINOLOGY
AND INCOME LEVELS ASSOCIATED WITH AFFORDABLE
HOUSING CATEGORIES, AND INCREASING THE MAXIMUM
AFFORDABLE DENSITY BONUS FROM 8 TO 12 DWELLING
UNITS PER ACRE, BY PROVIDING FOR: SECTION ONE,
February 12, 2019
Page 29
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
THE FOLLOWING: CHAPTER ONE - GENERAL PROVISIONS,
INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO -
ZONING DISTRICTS AND USES, INCLUDING SECTION
2.06.01 GENERALLY, SECTION 2.06.02 PURPOSE AND
INTENT, SECTION 2.06.03 AHDB RATING SYSTEM, SECTION
2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY
BONUS, SECTION 2.06.05 AFFORDABLE HOUSING DENSITY
BONUS MONITORING PROGRAM, AND SECTION 2.06.06
VIOLATIONS AND ENFORCEMENT; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION
IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE – ADOPTED; MOTION
TO APPROVE SECTION 1.08.02 AFFORDABLE HOUSING
DEFINITIONS – APPROVED; MOTION TO APPROVE THE
DENSITY BONUS ADJUSTMENT FROM SECTION 2.06.01 –
APPROVED; MOTION TO APPROVE THE TERM DURATION
OF 30 YEARS FOR BOTH RENTAL AND OWNER OCCUPIED
HOUSING DENSITY BONUS – APPROVED
MR. OCHS: Mr. Chairman, that takes you to your first
time-certain hearing this morning. It's Item 9A. This is an item that
was first heard at your January 22nd, 2019, board meeting and
approved for reconsideration for today's meeting. This is a
recommendation to approve an ordinance amending the Collier
County Land Development Code to make certain changes including
revising the affordable housing definition, updating terminology and
income levels associated with affordable housing categories, and
increasing the maximum affordable density bonus from eight to 12
February 12, 2019
Page 30
dwelling units per acre.
And Mr. Giblin, your Grants and Housing Manager, will make a
brief presentation.
MR. MILLER: And, Mr. Chairman, we have 13 registered
speakers for this item.
COMMISSIONER TAYLOR: And may I say something? I
asked for this to be reconsidered because the stakeholders, the folks
that spent three years in this process, were not here because of the
sudden and unexpected change in the vote. They had no reason to be
here because, frankly, a supermajority vote was maintained until the
last meeting.
So at this point, I'm delighted they're here, and we can hear from
them again. And thank you very much.
MR. GIBLIN: Good morning, Commissioners. Cormac Giblin,
your Housing and Grant Development Manager, for the record.
Really briefly, this item covers two LDC amendments. One is
an update of the definition of affordable housing in your Land
Development Code. It seeks a back-to-basics definition that aligns
our code with state statute and federal regulations. What it does is --
this was one of the first tasks of that housing stakeholder committee
was what do we want to call ourselves and what do we want to call it
in the community.
There were different factions represented in that group. There
were folks representing senior housing, folks representing employee
housing, folks representing first-time homebuyer housing, essential
personnel housing. Really, any acronym you can throw in front of
that "housing," folks were that room.
And in the end, after a two-year process, they came together
around a consolidated definition of affordable housing as an umbrella
term that would be encompassing of all the different aspects of
housing of folks who live in the county.
February 12, 2019
Page 31
And, again, as I mentioned, it aligns directly with state statute
and federal regulation stating that housing that's affordable is if you
do not spend more than 30 percent of your gross monthly income on
the costs that are involved in it.
The next change involved in this item -- well, just to put it into
real-world terms, the incomes and job categories of folks that would
be typical in those income categories is on the left-hand side.
They're -- what would be an affordable rent for them for a
two-bedroom is in the middle column, and what they could afford to
buy in the market is in the far right-hand column.
So when we say affordable housing according to the county's
definition, those are the incomes, the rents, and the purchase prices
that are associated with it.
The second change in this item is a fine-tuning of the Affordable
Housing Density Bonus Program. Currently the density bonus
program offers an additional eight units per acre as an incentive to
entice the private market to include affordable housing in their
development plans.
The suggested fine-tuning of this item is to increase that bonus
to an additional 12 units per acre, again, over the base density, which
in some cases would get you to the max density in Collier County of
16 units to the acre.
That would put affordable housing on the same playing field as
other available residential uses that are -- there are, as you may be
familiar in our density rating system, other mechanisms that
developers can avail themselves to get to that maximum density
without doing affordable housing. This, essentially, puts
affordable -- housing affordability on the same level or on par with
some of those other mechanisms.
Again, another change that was done in here was it increases the
affordability period on rental developments from 15 years to 30 years
February 12, 2019
Page 32
making sure that we're not constantly trying to catch up as
developments fall out of their affordability period.
Things that it doesn't do is it does not change any of the public
hearing, approval, or notice requirements required to achieve an
affordability housing bonus. And another point that, again, it's only
available where you can build it today. So this doesn't change any of
the locational parameters; in other words, it is only available in the
urban area of Naples and Immokalee. This proposal has nothing to
do with putting it in the middle of Golden Gate Estates, for example,
or in the middle of conservation lands. You can only build it where it
is currently allowed today.
Commissioners, we had been asked to provide an update on the
rental apartments that are in process. We update this chart regularly.
This is a list of developments that are either currently going through
the development approval process or in some stage of construction.
What we see is -- what we've learned is that the market is building
many, or is considering building many rental apartment units; as
many as 4,618 have been contemplated.
To date there's been 520 that have been built and CO'ed. The
rents that are associated with those are -- the ones that have been
completed thus far are in red on the second-to-the-last column.
Again, using that two-bedroom number, Inspira at Lely Resort
recently completed, and they are renting now for 1,717 for a
two-bedroom. Milano Lakes, recently completed, is renting for 1,610
for a two-bedroom. There was recently Board approval given to Pine
Ridge Commons. And although they are not constructed or for rent
yet, at the public hearing, their representative stated that a
one-bedroom would rent in the 1,350 range.
There are no affordability restrictions on any of the
developments that have been contemplated, although two of them
have been approved with some preferences involved.
February 12, 2019
Page 33
Commissioners, we also wanted to present you -- we do a
quarterly apartment survey through our division, and the last one
done in January. It includes all apartment developments, both
affordable and market rate. Our survey has a total of 10,704
apartments on the list. As of January 7th, there were 477 available.
It is of note, though, that 215 of that 477 were only available because
of the grand opening of Inspira, which has not completely leased up
yet.
The redline on the map shows that 1,350 for a two-bedroom line
that I mentioned in the definition slide as being the cutoff for what
we would consider affordable rental housing.
If you look at those that are available on the far right-hand
column, under that there are only 47 available in the Naples area that
are less than that 1,350 for a two-bedroom apartment.
We do -- and just to round it out, we also do the same survey for
Immokalee, and it's 1,404 apartments, and on that date there were 84
available.
Commissioners, I can stop now and see if there's any questions,
or if you'd like to go to speakers.
CHAIRMAN McDANIEL: Do we have any comments before
we go on to public speakers?
(No response.)
CHAIRMAN McDANIEL: I think that's -- I mean, we've been
working on this for a long time, so I think that was a fine report,
Cormac. Thank you.
MR. MILLER: Your first public speaker is Mary Waller. She'll
be followed by Litha Berger.
MR. OCHS: Do you want to use both of the podiums,
Mr. Miller?
MR. MILLER: Yes. I'll ask the second speaker, Ms. Berger, to
wait at this podium.
February 12, 2019
Page 34
MS. WALLER: Good morning. Thank you for allowing me to
speak. I have been serving on the Affordable Housing Advisory
Committee now for almost five, six years.
I appreciate everything that the commissioners have done to
progress affordable housing. Now we are here to say, please read
over our definition, please accept it, and please allow the increase in
density.
It's not that it's not there. It's already there. It's been used for
other items other than affordable housing. I think people are really
afraid of the word "affordable housing," but it's something that is
desperately needed.
If you look at -- I don't know if you have the chart on -- say, just
for NCH, 45 percent of the employees at NCH do not live in Collier
County. That's 45 percent of individuals taking their income and
their money to another county to spend to support. We need people
that work here to spend their money here with our businesses.
This would allow us to reach that goal and reach that level and
to give everyone here that love Collier County and love what we do a
better life, a lifestyle that we can enjoy and take a little time off and
vacation and spend a little money here.
Thank you for listening to me. Okay.
MR. MILLER: Your next speaker is Litha Berger. She'll be
followed by Charles Hartman.
MS. BERGER: Good morning, everyone, especially the county
commissioners.
Litha Berger, Marco Island. You had a lot of Marco Island this
morning. Thank you. It's really good.
I've been on the advisory committee for about three years. And
when you really look at this, this is a tough nut. No question about
this one. This is tough. Not easy to do this, but we don't have a
choice.
February 12, 2019
Page 35
When you look at the national statistics in many large cities,
they have the same problem, but a lot of them are working on it and
coming up with solutions.
Houses, you know, that were huge before are now downsized,
but we have so many people that can't afford the kind of costs from
our county, and it has everything to do with the cost of construction;
it has everything to do with the hurricane. That did not help one
single thing. It really didn't.
So I'm here to plead with you. I think, as Bill said, we've spent a
lot of time on this. We need to move forward. The simple issue that
we have this morning is that we're asking for a revision to Collier
County's affordable housing definition; easy. Refining income
categories and terminology to be consistent with Florida State Statute
and federal regulations, an increase to the maximum available
affordable housing density bonus from eight to 12 units per acre,
putting it on par with other density bonuses available, and increasing
the period of affordability from 15 to 30 years.
We're asking you from the bottom of our hearts to move
forward. Thank you.
MR. MILLER: Your next speaker is Charles Hartman. He will
be followed by Jury Paulson.
MR. HARTMAN: Thank you, Commissioners, for the
opportunity to speak to this issue.
I represent the Senior Advisory Committee, and we've had
discussions on this, as you know.
We have no problem whatsoever in supporting the idea of
redefining affordable housing. We have no problem with
re-categorizing the eligibility. We do have a little problem, though,
in the structuring of the actual bonus program, and I'd like to just
quickly point those out in the three minutes I have.
First of all, the program as it was originally put in place assumed
February 12, 2019
Page 36
that it was really a workforce housing program. As a result, the
eligibility was tied to income and, in fact, it specifically said you
could tie it to your income tax return as evidence of income.
There was a study published by the Census Bureau in July of
2017 which clearly indicated that that didn't apply very well for
seniors. Now, I say "for seniors" because the assumption is that most
of them will be workforce. The fact is, if you look at the expansion
figures we're projecting for the county, most of those people are
going to be retired seniors, and most of the eligible people, by
income, will be retired seniors. They will be competing with
workforce for this limited supply of workforce housing, so there's a
problem here.
First of all, the system that you put in place to measure
eligibility may not fit very well for seniors and needs to be looked at.
The second problem we have with it comes to the structuring where
you say that the unit that is going to be affordable must be identical in
quality, floor space, and what have you, with the market-price houses
around it, that creates a very difficult situation for the developer such
that we're concerned that developers will not choose to use this
affordable housing bonus and, as a result, not sufficient number of
units will be built to address the demand.
When we say that they won't be built, we're concerned you're
requiring a developer to build a unit, let's say it's $400,000 units,
which is a median price in the county, if he's going to sell that unit
under the state price guidelines for those income levels, he's going to
have to sell it at $200,000, absorb the difference temporarily, and
hope to recover it in additional units that he could sell under the
bonus program.
Now, that adds substantial risk to the developer. And then you
come along and say, well, you've got to manage the qualifications for
access for the next 30 years of its rental and next 15 years at sale; that
February 12, 2019
Page 37
adds an additional burden for a gentleman whose business is building
housing, not running a housing program.
CHAIRMAN McDANIEL: Thank you, sir.
MR. HARTMAN: So we think that needs to be looked at.
Thank you very much.
CHAIRMAN McDANIEL: Appreciate it.
MR. MILLER: Your next speaker is Jury Paulson. He'll be
followed by Joe Tracktenberg.
MR. PAULSON: Good morning. My name is Jury Paulson. I
am the Director of Volunteers at Habitat for Humanity of Collier
County.
And while I'm here to represent Habitat in support of this
measure, I'm also here to represent myself in the town I grew up in
and the many other young professionals who deem this a vital issue.
As a graduate of the Leadership Collier Foundation's Growing
Associates in Naples Program, I look forward to welcoming in the
class of 2019 next week, and I'm helping to plan their human services
session in March. The topic will be serving the low- to low-moderate
income population groups in Collier County. And you can bet
housing's going to be a topic of discussion.
Thank you for taking these steps to move forward with
addressing this critical issue of housing affordability in the
community. There, of course, is no one catch-all remedy about what
we are discussing, but there are many tools available to us in the
metaphoric toolbox. Forgive me. At Habitat we like to think in
terms of tools.
Increasing the affordable housing density bonus, for example, is
a great way to further incentivize developers to contribute to the
solution. It is a practical and realistic step, and it won't cost the
county much, if anything.
This is real progress, but, as you know, we have a long way to
February 12, 2019
Page 38
go to ensure that we stay ahead of the curve and the various factors
that will continue to exacerbate the situation.
Population growth, which is scheduled to explode in the near
future, rising rent prices, limited land availability, these are just some
of the challenges that we face.
I know that Commissioner Solis has made it a priority of his to
meet with and hear the concerns of young professionals on the topic,
and I would like to express my sincere gratitude for this. This
demographic is heavily impacted by cost-of-living factors. I hear
about it all the time from some of my volunteers out on the site. We
talk about it a lot. Some of the people closest to me live paycheck to
paycheck in this town.
So I'm on a tight budget myself, but I am fortunate because I
live in a home owned by family members, which cuts my costs
somewhat; otherwise, I'm not sure what my plan would be. I'm sure I
would figure it out, but it would be a little stressful, a little more
stressful than it is now.
There are so many diverse people that make up Collier County,
and we all want to continue to work and live in the best place in
America. It all begins and ends with the decisions that we make here.
Thank you so much.
CHAIRMAN McDANIEL: We can always talk to Nick about a
raise for you.
MR. PAULSON: That would be great. Thank you.
MR. MILLER: Your next speaker is Joe Tracktenberg. He will
be followed by Shelley Rhoads Perry.
MR. TRACKTENBERG: Good morning, Commissioners.
Commissioners, my name is Joe Tracktenberg. I'm a Board Member
and past Board Chairman of St. Matthew's House. I'm here to
support the changes in density under the affordable housing proposal.
To put my comments into context, I'd just like to make a couple
February 12, 2019
Page 39
of comments and explain what St. Matthew's House does.
Everybody's heard of us; most people don't know.
We started over 30 years ago as a feeding ministry. We evolved
into two homeless shelters. We're the only homeless shelters in
Collier County.
In 2010, we embarked on a drug and alcohol recovery program
in response to the opioid crisis and have one of the most successful
drug and alcohol recovery programs. It's called Justin's Place, and
with an 85 percent success rate after two years.
We are bringing people out of our shelters with jobs, we are
bringing people out of addiction with jobs, and then forcing them to
give up their jobs and leave this area.
Our best trained deputies are leaving and going elsewhere. Our
best trained firemen, our best trained hospital workers are leaving this
area. We invest in their training as we invest in the recovery
programs, and then we don't have places for them to live. And from
my perspective, this makes absolutely no sense.
So I call upon you to consider seriously what we think is the
next crisis. We had an opioid crisis; we now have an affordability
crisis. The things that we've gotten used to, having people serve us in
restaurants, having people take care of us in jobs, that's going to be
gone.
As the surrounding areas grow, they will need our employees.
And I can tell you, St. Matthew's House has 250 employees. We lose
people every week who live in Cape Coral, who live in Miami-Dade
and who spend an hour and a half or two hours on the road each way.
And if they can find a job -- even though they love working for us, if
they could find a job closer to home, they're going to do that, and
that's going to be repeated over and over again.
If you look and see where the deputies' cars are parked, at the
fringes of Collier County to the north towards Lee, to the east
February 12, 2019
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towards Miami-Dade, you'll see how many of them live an hour and a
half away, and they can't afford to live here and, ultimately, we're
going to lose them as opportunities grow in surrounding counties.
So I thank you for my comments -- or listening to my
comments, I thank you for supporting St. Matthew's House, and I
thank you for voting correctly on this issue.
Thank you.
MR. MILLER: Your next speaker is Shelley Rhoads Perry. She
will be followed by Tom Eastman.
MS. PERRY: Good morning. I have a letter to read on behalf
of the Collier Citizens Council. It's a letter from Jerry Godshaw to
the commissioners, which you might have received already. I'm not
sure.
On behalf of the Collier Citizens Council, a group of 30 leading
Collier County residents who wish to better our community from a
resident's perspective, I'm writing to support the approval of an
ordinance amending Ordinance 04-41, Item 9A on the February 12th,
2019, BCC agenda.
This ordinance would change the definition of the income levels
associated with affordable housing categories and increase the
affordable housing density bonus from eight to 12 dwelling units per
acre.
The BCC has grappled with affordable housing for several years
culminating in an Urban Land Institute study two years ago. That
study suggests we are on the brink of a housing crises in Collier
County and recommended several steps to increase available housing
options to income-constrained residents of Collier County.
Given the limited development areas and the geographic
concentration of employment opportunities, increases in density are
necessary to both accommodate a growing population and reduce
construction costs.
February 12, 2019
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We strongly support Ordinance 04-41 to increase the affordable
housing density bonus from eight to 12 dwelling units per acre and
adopt the proposed widely accepted definitions of income levels
associated with affordable housing categories. These changes are
consistent with the ULI recommendations.
These small changes represent an important first step in making
our community more attractive for sheriff deputies, teachers, first
responders, seniors, and many professional and service workers who
often turn away from employment opportunities here due to
unavailable housing options. This must change.
Over the past two years, you have heard from many of these and
other groups advocating for more affordable housing. These groups
include the Greater Naples Chamber of Commerce, the United Way,
the Community Foundation of Collier County, the Sheriff, the
Superintendent of Schools, Arthrex, Habitat for Humanity, and
several other businesses and nonprofits.
You have also heard from residents who have voiced concerns
that affordable housing options in their neighborhood would
somehow adversely impact them. Studies have repeatedly shown that
diverse neighborhoods made for stronger and more vibrant
communities.
It is time we change the "not in my backyard," NIMBY,
concerns to "yes in my backyard," YIMBY, by making affordable
options available in all parts of the county. We expect that these and
other changes will begin to make a difference in attracting the
workers we need in Collier County.
Thank you.
MR. MILLER: Your next speaker is Tom Eastman. He'll be
followed by Nikkie Dvorchak.
MR. EASTMAN: Good morning, Commissioners. My name is
Tom Eastman, and I'm here to speak on behalf of Collier County
February 12, 2019
Page 42
Public Schools.
The increase of the maximum density bonus from eight to 12
units per acre has the potential to incentivize developers to build
more affordable residential projects in our community. Increasing
the period of affordability from 15 to 30 years will also promote
greater housing affordability.
The school district is generally supportive of housing initiatives
that benefit our teachers and other essential service personnel;
therefore, the school district respectfully requests that the Board of
County Commissioners vote to approve the LDC changes.
Thank you.
MR. MILLER: Your next speaker is Nikkie Dvorchak. She'll
be followed by Spencer Smith.
MS. DVORCHAK: Good morning. Thank you. My name is
Nikkie Dvorchak.
In 2019, there will be over 83 million millennials that will have
taken over the baby boomers and become the country's largest
generation. And when we say "millennials," remember we are
talking about people ages 23 to 38. That includes me, a young
mother, young fathers trying to make a living and raise a family.
Affordable housing. Maybe that's a bad term. People
automatically think government funded or low income, but we are
talking about people with steady jobs, salaries too high for housing
assistance, but that are priced out of opportunity areas across the
USA.
Per our most recent community needs assessment, the average
single-family home value in Collier County is estimated at $537,519,
which is much higher than the state average of $219,681. About
40 percent of Collier County residents qualify as house cost
burdened, meaning they are spending more than 30 percent of their
income on rent or mortgages.
February 12, 2019
Page 43
In that same report, it states that residents here have said, we
have a safe place to live, we have great recreation, access to parks
and beaches, arts and culture, that we're a healthy community, and
that we have great education opportunities. Who provides those
services? Young professionals.
Collier County population is expected to increase by over
20 percent by 2030. We can't stop that growth, so we must address it.
There are so many people that are commuting from outside of our
county. That's causing traffic, infrastructure issues, wasting
resources.
So I ask you to please consider some solutions to our problem,
and I ask you to please help us be able to stay here and to help make
Collier County a great place for all of us to live together.
Thank you.
COMMISSIONER FIALA: Where did you say you worked?
I'm sorry.
MS. DVORCHAK: I work for the Chamber of Commerce.
MR. MILLER: Your next speaker is Spencer Smith. He'll be
followed by Amanda Beites. Spencer Smith?
UNIDENTIFIED SPEAKER: He's not here. He had to leave.
MS. BEITES: I was ceded time, so I have six minutes.
MR. MILLER: Oh, okay. Who ceded you time, Amanda? Oh,
Lauren Branson.
So Amanda will be followed by Kathy Curatolo. Amanda's
been ceded three additional minutes for a total of six minutes.
MS. BEITES: Good morning. My name's Amanda Beites for
your records.
I heard from a community leader yesterday who I respect greatly
and who has a very long family history in Collier County, and he said
he likes to open up his discussions on housing with a really
interesting question that I'd actually like to ask everybody in this
February 12, 2019
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room.
So the question is, raise your hand if you were born in Collier
County. Young people. Commissioners?
CHAIRMAN McDANIEL: I've produced two.
COMMISSIONER TAYLOR: That doesn't count. Were you
born here?
CHAIRMAN McDANIEL: No.
MS. BEITES: So the irony here is that for the rest of us who
didn't raise our hand, we've all been, at one point or time, a person
most oftentimes with a family that moved to Collier County
attributing to its growth. So at one point or another we were all
probably seen as unwanted. Everyone who didn't raise their hand
didn't -- was -- we were unwanted growth.
So who are we at every point along this path of growth to say,
okay, now this is just right, no more, time to close the gates?
Most residents are often for smart growth, of course, taking into
consideration a few key points like the environment, traffic, schools,
and whatever it takes to be nothing like Miami. We get it. I think
we're all in the same boat, pretty sure we're all in the same boat.
But now we take a look at the needs. Most of our predicted
future jobs in Collier are jobs that will be need -- that will need to
serve -- I'm sorry -- are all jobs that will be needed to serve all of you
and me, service industry jobs that allow our lives to continue to be
comfortable and for Naples to continue to be the beautiful gem that it
is.
But now let's take a look at who's actually moving down here; a
lot of baby boomers and retirees, as another speaker commented. So
the housing market continues to be unattainable for so many working
professionals that want to live, vote, and partake in community events
at the same place where they work, but let's look at the reality.
I'll examine some people under 40 for a moment to help paint
February 12, 2019
Page 45
that picture. Naples is a very special, beautiful place. I am so proud
to call it my home, but I will reiterate from a past presentation of
mine that the only reason I can afford to live here in my single-family
home in Naples is because I bought in 2011. I work for a non-profit,
and my husband's in education.
I am proud of what I have been able to accomplish to support
overall community betterment with so many community leaders I've
had the privilege of working for. I believe I'm a valuable member of
this community. But if I were trying to buy in Naples today, well, it
just simply wouldn't happen. You see, people have this thing called
choices in life, and while Naples is nice, there are so many other
choices people have that are far more attractive for younger people
and younger professionals. Why would we choose Naples?
Ever talked with a young person in your family that doesn't live
here or someone else? And they say, I would never move to Naples.
Perhaps it's our age demographic that has something to do with it,
perhaps it's our cultural and our decisions that we make that are
geared for that type of demographic, and perhaps, just perhaps, those
young professionals in our next generation of workforce and
community leaders just aren't that into it.
Now throw in the cost of living. I mean, I have so many people
in my life that just want nothing to do with it.
So on a weekly basis, I hear from large and small businesses
they have great concern over their inability to find and retain talent.
Why is that? Well, maybe it's because they simply don't want to live
here, if you take into consideration what I've explained.
So perhaps you're thinking, great, keep population low and stop
the growth, but my question to you is: Who will your nurses be?
Who will be patrolling your streets? Who will be taking care of you
as our population grows and continues to age?
So, Commissioners, I'm going to continue to ask you on behalf
February 12, 2019
Page 46
of so many working professionals that cannot be here today to
reconsider the Land Development Code and reassess the real needs of
our community, and I hope you can see by now we're not going
away, we're here, and we're holding everyone accountable, and we
are affordable housing.
Thank you.
MR. MILLER: Your next speaker is Kathy Curatolo. She will
be followed by Michael Dalby.
MS. CURATOLO: Chairman McDaniel, Commissioners, thank
you for the opportunity to speak with you this morning. I represent
over 450 companies that, actually, their economic viability depends
on construction and development here in Southwest Florida.
We do, in fact, support these revisions to the Land Development
Code hand in hand with our partners at the Chamber, particularly the
density issue. This continues along that line of incentivizing builders
rather than penalizing them to create affordable housing.
Thanks for the opportunity.
MR. MILLER: Mr. Chairman, your final registered speaker on
Item 9A is Michael Dalby.
MR. DALBY: Hi. Michael Dalby with the Greater Naples
Chamber of Commerce.
I'm thankful for all those who have spoken and given you input
on this issue. Obviously, from the Chamber's standpoint, we urge
you to adopt these changes. Density has always been a key in this
issue, and this just takes the affordable housing densities to the same
levels accorded to other types of developments, and the wage bands
match the national standards.
For years the Chamber's interest in housing has been to address
worker issues, particularly service sector workers, those who serve
us.
Our county's ability to attract needed workers is negatively
February 12, 2019
Page 47
impacted every day by the lack of affordable housing. We hear
constantly from employers of all types about how the lack of
affordable housing negatively impacts their ability to attract and
retain staff. Not only from private businesses, but from every type of
business, as Jury related from the not-for-profits that serve our
community to government service agencies, including Collier County
staff.
The changes that are proposed will allow for innovative ideas,
and that's a real key. It allows for the private sector, for the
philanthropic sector, to provide new ideas, innovation ideas, a
demonstration project that probably won't solve the issue but will
demonstrate that we care and demonstrate and show the public, here's
the type of development that can be done, the quality of the
development, the look of the development, and allow us to
demonstrate as a community that we are caring about those who
provide us the services to make this a great place to live, work, and
visit and to be able to serve those who serve us.
Thank you very much.
MR. MILLER: That was your final speaker for Item 9A.
CHAIRMAN McDANIEL: You know what, before we
deliberate on this -- where's all our high school students going?
We're going to take a 10-minute break, and then we'll come back for
the vote and the Board's comments. So we'll be back at 10:35.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
Ladies and gentlemen, if you'd please take your seats.
CHAIRMAN McDANIEL: I'm all alone. How about that. Can
I call for a vote right now?
I know I'm on record. I'm not saying anything that I wouldn't
say if they were all here, so...
I just want to remind everybody that we set time-certains for a
February 12, 2019
Page 48
reason, and the goal is to maintain, for respect, those who have
requested time-certains, so...
COMMISSIONER SOLIS: I'd like to point out that I never left
the room.
CHAIRMAN McDANIEL: I know. You were right back there.
COMMISSIONER SOLIS: Just saying.
CHAIRMAN McDANIEL: Nor did I leave the room as well.
So, all right. Let's go -- let's -- and Commissioner Fiala isn't back
with us yet, but we can go ahead and go on. Commissioner Solis,
you are the first one to light up the board here, so...
COMMISSIONER SOLIS: A couple things jump out at me,
and one is that -- you know, not having the same kind of densities
available for this kind of housing as is available under other kinds of
housing dis-incentivizes it.
I mean, I'm glad, Cormac, that you brought that up because I had
never looked at it that way. I mean, this kind of housing has to be --
if we want there to be this kind of housing -- and I know that that
may be the fundamental question, but it has to be on par at least with
the other kinds of housing because, otherwise, we are -- why would
anyone that's in the construction or development business do it when
they could do something else? Number one.
Number 2, I think -- and Commissioner Saunders will
probably -- can corroborate this, but our neighbors to the north in the
Village of Estero, they've had a very interesting conversation going
on since they incorporated about housing -- rental housing
specifically for seniors for downsizing, and I think -- and I'm glad
that Mr. Hartman was here and spoke somewhat to that.
We need to be very cognizant of that issue because that is a
growing trend as I understand it. Downsizing is something -- and
whether it's downsizing for folks that are already here or it's
downsizing for folks that want to downsize from somewhere else and
February 12, 2019
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move here.
And I think that's something that we haven't talked about
necessarily, at least since I've been on the Board, and I think that --
and, Commissioner Fiala, I think you raised it, we need that kind of
housing for seniors, and that's what we're talking about.
The other thing -- and I've asked a few folks to do this and see if
we can quantity the cost to the community and the taxpayers of this
continual process that I experienced as a small business owner --
owning and running a law firm is a small business -- of hiring
somebody, training them, and then having them either find something
closer to home because they live in another county or just deciding
it's not worth the struggle to live here. There's a cost associated with
that, and I would suggest that it's a huge cost. It's a huge cost for the
county if -- I forget exactly what the percentages of our own county
employees living in Lee County. You know, if they can find
something that pays as well and is in Lee County, why would you
commute and add to the cost by fuel, whatever it is?
I think there is a significant cost to the community as a whole
and the taxpayers because it costs the county a significant amount of
money to continually train people to have them leave. It costs the
hospitals that, it costs the school districts an enormous, I think -- and
I've asked them to help me quantify that -- and, ultimately, will
impact the quality of what we're all receiving.
And I think that that is something that hasn't been quantified yet,
and maybe we can quantify it, but I think that is a number that is
going to be shocking, the actual cost to the community of this
continual process because we don't have sufficient housing.
Again, I think these changes are essentially just putting forward
and implementing the Community Housing Plan that we approved. It
doesn't short circuit the normal zoning and approval process for a
development that has this kind of housing in it or something that's
February 12, 2019
Page 50
affordable as a component of it. And I just don't see -- I don't
understand the opposition to something that the stakeholder group
has presented.
We had all the speakers here today. We didn't have one speaker
in opposition. That's a stunning thing to me, because there's always
somebody against something, right? At the very least.
We haven't had one speaker here today that spoke in opposition
to these amendments. I think we need to listen to that. I think we
need to listen to the young people that were here that this affects the
most, because they're the future. They're the future of Collier
County, and we need to listen to them, and we need to make sure --
and I'll say this selfishly because I've got two kids. One of them was
born in Collier County -- that they stay here, you know. I want my
kids to come back when they finish school and work here.
So I just -- I don't understand the opposition to these changes
that have been called for by the stakeholder group that are already
essentially in the Community Housing Plan, and it's what everybody
here today wants.
That's all I have, thank you.
CHAIRMAN McDANIEL: Commissioner Saunders?
COMMISSIONER SAUNDERS: Thank you. Before I start, a
quick question for the county attorney.
My recollection is that this requires a supermajority vote; is that
correct?
MR. KLATZKOW: That is correct.
COMMISSIONER SAUNDERS: All right. My recollection is
also that at the last time this came up there were two votes in favor
and three votes against. Commissioner Taylor, very wisely, voted
against this so she could be in the majority so she could reconsider.
Is that recollection correct?
CHAIRMAN McDANIEL: That is a correct recollection.
February 12, 2019
Page 51
COMMISSIONER SAUNDERS: All right. I agree with
everything that Commissioner Solis has said; very well spoken. I'm
not going to repeat what you said. I don't believe there's any real
downside.
And I think I'm speaking directly to Commissioner Fiala,
because I believe she was one of the no votes.
COMMISSIONER FIALA: I was.
COMMISSIONER SAUNDERS: And your vote today will be
the deciding vote. I do believe Commissioner McDaniel has been
opposed to this from the very beginning.
CHAIRMAN McDANIEL: I have.
COMMISSIONER SAUNDERS: And I don't see that changing.
So, Commissioner Fiala, quite frankly, this is on you.
And I think if this is defeated today, it will be a very sad day for
Collier County. There is no cost to the county for this. There's no
downside, and we need to keep this initiative alive.
So I'm asking you to reconsider your vote and, when this comes
up for a vote, to support this because, quite frankly, you're making
the decision today, and it's a very important one for the future of the
county.
CHAIRMAN McDANIEL: Now it is your turn.
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: I'm going to go last, unless you
have something to say.
COMMISSIONER FIALA: First of all, somebody said that they
thought that housing is in crisis mode and, you know, of course,
they've reported -- even Cormac has said, no, we're not in any crisis,
and ULI came in and said, we're not in a crisis, but what they want to
do is fix it or prepare for the future, however they want to do.
There are so many things I wanted to talk about. First of all, we
talked about commuting. Well, I was just talking to a deputy the
February 12, 2019
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other day, who lives in Lee County, by the way.
And I said, would you be -- you know, would you be prepared to
sell your house in Lee County and move to Collier because it's such a
long drive? No, he said, because if I sell my house, then I lose my
homestead exemption, then I have to pay --
CHAIRMAN McDANIEL: No, he wouldn't.
COMMISSIONER FIALA: Well, that's what he said. When he
moved here, he'd have to apply for homestead exemption, which
means that it wouldn't apply. He also said that he likes living in Lee
County. Why would he want to change that?
Another thing that I've spoken to a few people who do work in
North Naples, they don't really want to live in East Naples. They
would prefer to have a shorter commute from Lee County to their
jobs rather than live in East Naples, because that's a longer commute.
I understand that, too. Those are just a few little things. Not an
argument, just a few things.
We talked NCH, and probably all of you remember -- well,
anybody that's been here just a little bit, in November -- I mean, in
the late 1990s -- I'm sorry if that bothers you. But, anyway, in late
1990s, the hospital sold all of their affordable housing for their
nursing and -- that was right around the hospital there. I called Ed
Morton about that the other day, and I said, well, what was the year,
and why would they sell that?
But in the summertime it's vacant, and there's quite a drain on
the pocketbook when the places are vacant in the summer. So I
would assume that that's what they meant. But, anyway, so I thought
that that was interesting.
I think in the count -- did you have all the mobile homes in these
counts, too? I didn't see any, but maybe you did.
MR. GIBLIN: The counts that were shown today were rental
development complexes.
February 12, 2019
Page 53
COMMISSIONER FIALA: Okay. So --
MR. GIBLIN: Apartments.
COMMISSIONER FIALA: Oh, apartments, okay. Because I
know I saw -- I was -- I've been doing some speaking, and I've been
asked to be speakers at different things like -- Imperial Wilderness
was one of them, by the way, and they had a lot of places for rent in
there, I was surprised at that, especially at the month of February; that
was a surprise.
And I was -- and I've been also very surprised, as I've been
driving around, how many other places are for rent in February when
everything should be filled to the brim.
So I even took a small group of people out to see some of those.
I didn't get very far, but they promised to come back, and we'll do the
rest of the little tour when we can -- for instance, there's some along
in the Bayshore area. I had some meetings yesterday with some
people. In fact, one of the ladies -- two of the ladies -- the one lady
home schools her child because they want to be home with their
child, and so, yes, they live in a very compact house off Bayshore,
sweet little place, wonderful kids.
The kid was -- there was another little kid playing with him on
the same block, and they were the nicest mannered little boys, and
respectful and caring. It was just great to meet them. But they
choose to live there because they could afford that. And I thought
that was nice.
I know that Habitat for Humanity is going to -- well, they're
building I don't know how many villages right now, but one of them
is going to be on Whitaker; they're already moving forward. And I'd
ask them to please target the senior housing for that housing. And I
don't know if they're going to do that yet or not, but I made it known I
think it would be a good idea, because that whole area is just seniors,
and I think that if the Habitat would build for seniors there, too, that
February 12, 2019
Page 54
would -- and they're right across the street from Youth Haven so the
seniors that are living in the Habitat homes could volunteer over at
Youth Haven. It would give them something to out reach to. I
thought that that was a good idea.
Oh. I had so many questions. One of the things we talked about
here was CCPC expressed a concern regarding the inclusion of
various fees in the calculations, and those various fees are Internet,
cable, country club, into the calculation deriving the cost-burdened
households. Is that still included there?
MR. GIBLIN: It was the direction of this board, I think as
Commissioner Solis, that any required fee, if it is required of the
development that the house is in, be included in the house price so
that -- for example, we have several communities that have very high
homeowners' association fees where, on the surface, a home might
appear affordable based on the sales price. But once you calculated
in all those required fees, it's actually not.
COMMISSIONER FIALA: So the cable is not included in these
figures, or the Internet is not included in these figures? I just want
to -- because that changes what it looks like.
MR. GIBLIN: It depends on if they're required by that
particular development or not.
COMMISSIONER FIALA: Okay. And then we wouldn't really
know that. So have we figured it in just in case?
MR. GIBLIN: Most of our -- two years ago we did a
comprehensive survey of all HOAs in the county, and we determined
what their monthly fees were, and we took the median of that, which
was about $420 a month, so we budget about a $420 month fee in
there.
COMMISSIONER FIALA: Okay. So it's in the figures. Okay.
Another thing is, we talked about affordable housing units per
development. Right now you add the minimum number by 10 units,
February 12, 2019
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but you want to change that into 10 percent of the total amount that
are being built, and that -- that really increases that figure quite a bit.
I don't agree with that at all, to be perfectly honest with you.
I know we're kind of trying to jam in more, but I have seen so
many houses that are, in February, available on the market. I don't
know why we're rushing to build more and more and more when it
doesn't seem that it's accomplishing anything because there are so
many empty there.
And right down Linwood, just drive down Linwood Drive.
There's Wild Pines. That's a known -- it's very, very nice. They take
care of it really well. They rent for $790 a month. That's not bad at
all. And they've got a "now leasing" sign. You drive down
Rattlesnake Hammock right up to 951, and you have Sierra
Meadows, and they have this big sign out there, "now leasing," and
those are moderate income -- very moderate income places. My
cousin lives there.
And you've got many places. Milano Lakes we mentioned. I
have good friends who live there. They're just living there
temporarily, but they were able to get it in two days. It wasn't a
problem, and now they've been telling me that only 40 percent of the
places are rented, and they're getting a little nervous because they
can't seem to rent them.
If we put all of this extra -- these extra units in the market and
people are already having trouble renting it, is it really the thing to do
now? I don't think it's good planning. We did that once before right
before the recession and, boy, did it hit us hard, and it hit a lot of
people hard.
I don't think we really want to overbuild is my impression here.
Those are some of the things that I wanted to say.
I know that we want to help everybody, and that's great, but you
can't over help them to a point where you're shooting yourself in the
February 12, 2019
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foot.
Now, most of these places are located -- yes, they are located
where I live, probably not where you live, so you don't see them. I
see them because I'm driving the roads all the time, and I understand
that.
Let's see. I think I said this. I think -- yeah, Habitat. I hope that
they build for the seniors over on Whitaker Road. They're building
three villages right now. I don't think that this is in the count, but
then they're not rentals, right? Yeah.
And what we have for rentals being built right now -- like
Cormac said, they're not all finished right now, but they're on the
market, and they're being built right now or being ready to build.
And we've got 4,019 being built right now; 4,000. How many --
4,019. I could give the addresses and everything for them.
And those are just rental complexes that we know, not where
people have bought up homes to rent out as an investment or
anything like that. Do we really, really want to do that? I'm afraid
we're going to be overbuilding.
But, anyway, those are my comments.
CHAIRMAN McDANIEL: There you are.
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. So, Chairman McDaniel, if
we look at the elements that -- the board-accepted elements below us
on the -- I guess it's -- there's one through six, is there anything that
you would agree to there?
CHAIRMAN McDANIEL: You're reading my notes, aren't
you?
COMMISSIONER TAYLOR: No -- yes, I did. I peeked.
CHAIRMAN McDANIEL: She's sitting right next to me
reading my notes, just so you know.
COMMISSIONER TAYLOR: I peeked.
February 12, 2019
Page 57
COMMISSIONER FIALA: What did you say?
CHAIRMAN McDANIEL: She's reading my notes. I've got it
sitting right here.
COMMISSIONER FIALA: Oh, one through six.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: I mean, I was really quite
pleasantly surprised that Kathy Curatolo came up and actually said
that the development community supports part of this, and they're not
supporting give out -- they're not giveaways. They're there to make
money, and they should be. That's their business. And I was very
impressed with that. So I guess I'm turning the mike over to you, sir.
CHAIRMAN McDANIEL: Okay. Well, Commissioner Solis is
ahead of me. Can I go first, Commissioner Solis?
COMMISSIONER SOLIS: Sure.
CHAIRMAN McDANIEL: Just to respond.
I'm going -- I'm going to say a few things, if I may.
County Attorney, what happens today to our affordable housing
program and plan if these LDC amendments are not passed?
MR. KLATZKOW: Nothing.
CHAIRMAN McDANIEL: Thank you.
What I want to say to my colleagues, for a year and a half, two
years that I've been commissioner -- for a year and a half, I have not
agreed with what's been proposed from our Housing Department with
regard to the housing plan. I have voted against it on a regular basis,
not because there isn't a need, but the methodology utilized to support
that need moves on a regular basis.
I have specifically suggested regularly that we make adjustments
to the metrics that's utilized to calculate the need; not been done, not
addressed. And that's because, by a majority vote, I have been set
aside.
So with regard to one through six in our executive summary, I
February 12, 2019
Page 58
have specific issues with two and five. I'd be happy to pass the other
four. I think they're good ideas.
I have specific issues with five being the term of a 15-year hold
for housing affordability. All we're doing when we're doing that --
and if you'll recall -- you probably don't recall, but when we talked
about this before, I have said, all we're doing is kicking the road -- or
kicking the ball down the road from 15 years to 30 years, and then
someone decided, after we agreed to do 30 years -- and if you'll
recall, I wanted it to be in perpetuity, because if we are supporting the
need -- the need is always going to be here. Okay.
COMMISSIONER TAYLOR: Okay. I'm going to remember
that word, okay.
CHAIRMAN McDANIEL: Write it down.
COMMISSIONER TAYLOR: Perpetuity.
CHAIRMAN McDANIEL: In perpetuity.
COMMISSIONER TAYLOR: Because I have been trained,
literally trained, and it's been argued, not in this body, but in City
Council, in law there's no such thing as perpetuity. So the best we
can do --
CHAIRMAN McDANIEL: We learned that on the Golden Gate
Golf Course. It had an "in perpetuity" deed restriction with regard to
that use, didn't it?
COMMISSIONER TAYLOR: There we go; there we go.
CHAIRMAN McDANIEL: My issue is deed restrictions that
are applicable for a term do nothing but kick the can down the road
15 years from now to a higher land cost, to a higher impact fee
structure, to a higher construction cost and do nothing but exacerbate
an ongoing circumstance that continually comes back at us, and
someone chose to not accept that.
I think we could -- I think Mr. Dalby suggested a pilot program
of some sort where we could physically designate professionals both
February 12, 2019
Page 59
in income stature and professional -- the job description and
deed-restrict properties to associate -- to address those particular
needs.
And I actually have that as part of my notes. I'm not just
negative -- I'm not just Negative Nelly here. I actually have some
suggestions on things we can do to actually address the need.
One of the things that I have -- another issue that I have is this
cost-burdening process.
Cormac, our Housing Department -- a lot of our departments in
Collier County are relegated to utilize national standards that are
applicable to specificities here in Collier County. They have chosen
to take an average of association fees that are required and add them
into the cost-burdening segment of that process.
Just because it's required doesn't necessarily mean it's a
necessity, and these are all -- this is where I'm picking apart the needs
metrics. I've been -- the metrics that's been utilized -- you're looking
inquisitive at me.
COMMISSIONER TAYLOR: If I can't rent -- if I want to
rent -- and the reason -- I'm sorry, but if I'm going to --
CHAIRMAN McDANIEL: No, come on.
COMMISSIONER TAYLOR: If I come to, you know, building
loco (sic) and want to rent an apartment there --
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: -- and they say, okay, this is the
cost for the rent and these are the fees required, I don't have an option
except to walk away from that apartment, to do anything but pay
those fees.
So when you -- when you rent -- I wish we had an option, but
we don't have an option. We don't have enough of those options. So
those apartments that have fees, you can't negotiate that fee out of
that rent.
February 12, 2019
Page 60
CHAIRMAN McDANIEL: I didn't say you could. I'm not
suggesting that you can. But I don't -- I don't consider it to be
accurate information to your decision-makers to be utilizing those
fees on an average basis for sustenance purposes for housing
affordability. That's where I have an issue.
I don't care for the metrics with regard to the utilization of
assessed valuations and the national percentages of those that are, in
fact, available for affordability, which is the primary number that is
utilized for housing affordability for the -- for the amount of units
that are, in fact, available.
I've argued -- I was the -- Naples Daily News ripped me two
years ago on that. McDaniel uses the tired argument of the market
again.
To me, there is no other dataset than the marketplace. If we are
taking national standards of assessed valuations and applying, then,
those percentages that are utilized in national standards and not
utilizing available datasets that I have provided twice -- while we've
talked about this needs metrics, Commissioner. We're not utilizing
correct information and, ultimately, are not going to address the need.
All we're doing is moving the needle, kicking the can down the road
to another day.
Now, from a positive note, what are we having here today? An
open, honest dialogue with regard to what our community, in fact,
needs. What's going to come from this? Hopefully solutions to the
true need of what is, in fact, required here for the residents of Collier
County.
So this -- my objections to this process have to do with
semantics, not necessarily with actually supporting the need. I can't
support Items 2 and 5 in this particular resolution that's -- or the
executive summary that's in here today, and I would suggest that we
seek partnerships with the school district, that -- what?
February 12, 2019
Page 61
COMMISSIONER SAUNDERS: Could I ask you a question?
CHAIRMAN McDANIEL: Sure.
COMMISSIONER SAUNDERS: Because I just want to make
sure I understand. On No. 5, what you don't accept is the duration?
CHAIRMAN McDANIEL: Yeah.
COMMISSIONER SAUNDERS: Not the number?
CHAIRMAN McDANIEL: Yes. And as opposed to rejecting
them, what I'd like to do is send them back to the Affordable Housing
Committee, have some more open dialogue to see if there isn't
something that we can -- that we can come up with as a compromise
on allow for -- for a better fit.
COMMISSIONER SAUNDERS: Would it be -- in order to get
kind of off the dime here a little bit, there are -- out of the five items,
there are three that you are in agreement with?
CHAIRMAN McDANIEL: Four; 1, 3, 4, and 6.
COMMISSIONER SAUNDERS: Okay. I'm sorry.
MR. OCHS: Mr. Chairman?
CHAIRMAN McDANIEL: Yes.
MR. OCHS: I don't want to interrupt the dialogue, but let's be
clear about these six items that are on here. They're prefaced by the
statement -- on February 27th, 2018, so last February, the Board, a
year ago, accepted these elements into your Community Housing
Plan by voting in favor of these following items, so --
CHAIRMAN McDANIEL: And, County Manager --
MR. OCHS: -- the two items that are the subject of this LDC
amendment have to do with the definition, No. 1, and No. 5, the
affordable housing density bonus program.
CHAIRMAN McDANIEL: Right.
MR. OCHS: Those are the two elements of the Land
Development Code that followed on the Growth Management Plan
amendment that the Board already adopted in December of last year
February 12, 2019
Page 62
approving these two items.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN McDANIEL: So what's your point?
MR. OCHS: My point is if you don't vote in favor of this today,
that's fine, but then we'll go back, and we're going to have to undo the
Growth Management Plan amendment that you approved this past --
CHAIRMAN McDANIEL: No.
MR. OCHS: Yes, because there's a chart in there, sir, that
already adopted the density bonus numbers.
COMMISSIONER SAUNDERS: Let's see if there's some
agreement on some points and see if we can make some motions that
get part of the way there so that at least we give some -- if there's an
issue remaining, it's not going to be everything.
CHAIRMAN McDANIEL: And this is -- and where'd our high
school students go? That was one of the -- one of the difficulties we
have -- we as commissioners have is that we're not allowed to talk
about this stuff except for in these open, televised, publicized,
stenographized meetings. So we have to have these debates and these
discussions here, which can be very tenuous, to say the least.
COMMISSIONER SAUNDERS: All right. So do we need --
this is a question for the County Attorney. Do we need to approve
the new definition of affordable housing? We have agreement on
that. And if we do, I'm going to make a motion to approve that
definition.
MR. KLATZKOW: I think for purposes of clarity, if we could
put on the actual proposed ordinance on the overhead --
COMMISSIONER FIALA: That's a good idea.
MR. KLATZKOW: -- we could know exactly what we're
approving, what we're not approving, rather than a summary in an
executive summary.
Can you do that, Mr. County Manager?
February 12, 2019
Page 63
MR. OCHS: Sure.
CHAIRMAN McDANIEL: And, County Manager, just while
we're doing that, I asked the County Attorney about the legality of
passing or not passing these LDC amendments and, specifically,
we're okay. We don't have to have a consensus on these items as, in
fact, have been presented. Our community's going to go on.
MR. OCHS: No, I understand that, sir. I was just pointing out
what I believe is an inconsistency. Jeff?
MR. KLATZKOW: If we can go through this, Mr. County
Manager, then we'll know exactly what inconsistencies there might
be.
MR. OCHS: Okay.
COMMISSIONER SAUNDERS: Let's just see if we can get
through at least some of this and narrow the issues that remain.
MR. KLATZKOW: So the definitions are on Page 1, 2, and 3 of
the ordinance.
COMMISSIONER SAUNDERS: I believe we have agreement
on the definition.
CHAIRMAN McDANIEL: And Cormac and I spoke about this
two years ago at a separate -- and I love this, because these
definitions were commingled throughout our GMP and LDC that
even he had a difficult time understanding.
COMMISSIONER SAUNDERS: With your permission, then,
I'm going to make a series of motions on different elements. The first
motion is to approve the portion of this ordinance that deals with the
definitions.
CHAIRMAN McDANIEL: Second.
COMMISSIONER FIALA: Can we see it again just so --
COMMISSIONER TAYLOR: It's right up here.
COMMISSIONER SAUNDERS: It's on the screen.
CHAIRMAN McDANIEL: Do you have any comments?
February 12, 2019
Page 64
COMMISSIONER FIALA: Yeah. I wondered why they
changed the gap housing. It used to be over -- exceed 150 percent.
Now they moved it down to 140 percent. Why did they do that?
MR. GIBLIN: That, again, was to align it with state statute.
State statute has provisions of housing affordability that mark the
140 percent. There's no corresponding 150 percent anywhere in state
statute or federal regulation.
COMMISSIONER FIALA: See, all of these things could --
they can just mean so many different things, and that makes me
nervous, because I probably can't see through them.
COMMISSIONER SAUNDERS: Mr. Chairman, we have a
motion and second on the floor.
CHAIRMAN McDANIEL: We do.
COMMISSIONER SAUNDERS: I would call for the question.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept Item No. 1 as presented with these definitions.
All in favor?
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed?
COMMISSIONER FIALA: I'll vote for that, too.
CHAIRMAN McDANIEL: And it's 5-0. It passes.
MR. KLATZKOW: The next item for your consideration is
2.06.01, Commissioners, which is on Page 7 of the proposed
ordinance. I think this gets to some of your -- disagreement is too
harsh a word, but your opinions on this, because here you're going
from eight to 12 units.
COMMISSIONER SAUNDERS: I think we're good on the
eight to 12 units.
February 12, 2019
Page 65
CHAIRMAN McDANIEL: Sure.
COMMISSIONER SAUNDERS: So I'm going to make a
motion to approve the portions of the ordinance dealing with
increasing the bonuses from eight to 12.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: And --
COMMISSIONER FIALA: And that includes now all the four,
so that's really 16 units per acre that we're --
COMMISSIONER SAUNDERS: That is correct.
COMMISSIONER FIALA: -- that we're voting for, so I think
it -- you know, I know it says it there, but it -- I want people to
understand --
CHAIRMAN McDANIEL: It needs to be said out loud.
COMMISSIONER FIALA: -- that we're talking about 16 units
per acre that we're increasing, and the only thing that concerns me
about that particular one is this when you've already got an
overpopulated area, and I think specifically of Manatee Road, and
they're packing in another -- what is it, 400 and 400 into that area,
and there's not enough room in the schools, and then we add all the
density bonuses to them, that makes me very nervous because it
really harms the children in that area.
COMMISSIONER SOLIS: But, again, this doesn't change the
process that a proposal will go through where all of those issues that
you just referred to are brought up, because we deal with them in
zoning applications all the time. This doesn't change any of that.
COMMISSIONER FIALA: Well, it says now that we -- you
know, that they have a perfect right to do that and we don't have any
right. From the way I read it, we don't have any right to say, wait a
minute, it's too crowded as it is, you know.
COMMISSIONER SOLIS: We absolutely have every right to
do that. It's the compatibility issue that comes with every single
February 12, 2019
Page 66
zoning application. We review that every single time a zoning
application comes in.
MR. OCHS: This is not by right, Commissioners. It has to go
through the --
CHAIRMAN McDANIEL: That's an important clarification.
MR. OCHS: -- the same public hearing process as any other
land-use change.
CHAIRMAN McDANIEL: That's important.
COMMISSIONER FIALA: And, Jeff, just give me your
opinion on that, please.
MR. KLATZKOW: The language says the provision of
affordable housing is "may" add up to 12 dwelling units per acre so
that the Board could issue less.
COMMISSIONER FIALA: Okay, good.
CHAIRMAN McDANIEL: So it's not by right. And now does
this particular portion of the agenda changes or of the resolution -- or
LDC adjustments, forgive me, also include the term or hold of the
units, whether it be 15 or 30 years?
MR. KLATZKOW: No. That's later in the ordinance, sir.
CHAIRMAN McDANIEL: I thought it was.
COMMISSIONER TAYLOR: No, it's not.
COMMISSIONER SAUNDERS: That's not part of the motion
we're dealing with. Only with the number of units.
MR. KLATZKOW: Yes, sir.
CHAIRMAN McDANIEL: I'm totally okay with that. I was
under the impression -- when you asked me earlier what part I was
having an issue with, I thought it was under 5, so...
COMMISSIONER TAYLOR: No, it's not there.
CHAIRMAN McDANIEL: So I'm okay with that.
It's been moved and seconded that we accept Item No. 5 with regard
to the density-bonus adjustments.
February 12, 2019
Page 67
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
Did you vote? 5-0, that was voted for, by the way.
MR. KLATZKOW: Your next changes are on Page 8, 9, and
10. Cormac would be better than me to tell you the reasons for it, but
it looks more like cleanup than anything else.
MR. GIBLIN: Many of the changes through this ordinance are
cleanup as directed by the DSAC and the Planning Commission.
COMMISSIONER SAUNDERS: Do any of those cleanup
changes deal with the duration of the affordability?
MR. KLATZKOW: No, sir.
COMMISSIONER SAUNDERS: Then, Mr. Chairman, I'll
make a motion to approve those changes.
COMMISSIONER FIALA: Which ones are we talking about
now?
CHAIRMAN McDANIEL: I don't know. He went off to a
different page.
COMMISSIONER TAYLOR: No, it's 8, 9 and 10 on the
ordinance.
CHAIRMAN McDANIEL: On the actual ordinance itself.
COMMISSIONER FIALA: Weren't we just going to 3 or
something?
COMMISSIONER SAUNDERS: If you could put that --
COMMISSIONER FIALA: We're skipping the rest of those, of
February 12, 2019
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the 6?
COMMISSIONER TAYLOR: No, no, no. We're not going to
skip anything, but we're just discussing the ones that we think there
might be some --
COMMISSIONER SAUNDERS: These have been described as
cleanup changes that do not deal with the duration of the
affordability.
COMMISSIONER FIALA: Okay. So now you're skipping to
which one?
COMMISSIONER SAUNDERS: Well, he's going to put them
on the screen.
MR. OCHS: Commissioners, just to be clear, there is a proposal
in this Land Development Code amendment regarding duration.
It's --
COMMISSIONER SAUNDERS: We're not dealing with it.
COMMISSIONER TAYLOR: But we're not there. We're not
talking about that.
MR. OCHS: It's in the ordinance.
COMMISSIONER FIALA: So what does that mean, Leo?
COMMISSIONER SAUNDERS: We're going to deal with that
in a moment.
MR. OCHS: Got it.
COMMISSIONER SAUNDERS: So we can proceed.
COMMISSIONER TAYLOR: We're not going to forget that.
COMMISSIONER FIALA: I'm asking Leo, please. I was just
asking --
COMMISSIONER TAYLOR: I know. I was talking to
Commissioner McDaniel.
CHAIRMAN McDANIEL: Easy now. These are -- this is a
very confusing subject matter, and I just want to make sure that we're
all communicating, so...
February 12, 2019
Page 69
COMMISSIONER SAUNDERS: Could you put something on
the screen?
CHAIRMAN McDANIEL: Yes. You have nothing on the
screen with regard to the proposed adjustments. Now, these are
housekeeping items that are all throughout the ordinance.
MR. GIBLIN: It's multiple pages.
COMMISSIONER SAUNDERS: I understand. Start with the
first page.
MR. KLATZKOW: And the 15-year provision is on on
Page 21, so it's --
COMMISSIONER SAUNDERS: Sir?
MR. KLATZKOW: The 15-year provision's on Page 21, so
we've got quite a bit to get to before then.
COMMISSIONER SAUNDERS: We just want to see what
those changes are. They've been described as cleanup, and I want to
make sure that we're voting on cleanup changes that really no one's
going to have any particular issues with. So if we could go through
those very, very quickly.
MR. CASALANGUIDA: Well, he has it on. Cormac, if you
can walk them through the page.
CHAIRMAN McDANIEL: And if I can say something. The
difficulty here is, is we're moving off of the executive summary with
regard to these housecleaning. I don't think any of us have any issues
with housecleaning adjustments and definitions. I mean, that's not
the requisite. I've been very clear.
I have an issue with the metrics for the need calculation, and I
have an issue with the term of the hold for housing affordability.
COMMISSIONER SAUNDERS: Then I'll make the motion to
approve the cleanup changes that are contained in here that do not
deal with the duration of the affordability or the metrics.
COMMISSIONER FIALA: And how about the 10 units for
February 12, 2019
Page 70
10 percent? That isn't in this at all?
MR. GIBLIN: That was deemed as one of those cleanup things.
There was a scrivener's error in the original where it was always
intended to mean 10 percent, not 10 units.
COMMISSIONER FIALA: But we never knew that, and it was
never explained to us. So it was just 10 units. But that makes a
tremendous difference in what you're building, and I don't agree with
that at all.
MR. KLATZKOW: That's on Page 17, that change.
COMMISSIONER FIALA: Pardon me?
MR. KLATZKOW: We haven't gotten to that point yet. That's
on Page 17.
COMMISSIONER TAYLOR: So there's a motion. I'll second
it.
CHAIRMAN McDANIEL: Now -- and just for points of
clarification, are we -- because I have an issue with a mandatory
10 percent within a project as well.
MR. KLATZKOW: We haven't gotten there yet. We can get
there next if you'd like.
COMMISSIONER SAUNDERS: Leave that out, but I don't
believe it's a mandatory 10 percent. None of this is mandatory.
COMMISSIONER FIALA: Well, it's in writing. So does that
mean it's --
CHAIRMAN McDANIEL: Is it --
COMMISSIONER SAUNDERS: No one's required to build
affordable housing.
MR. GIBLIN: Exactly. Again, this is a voluntary program. If
you so choose to participate, the minimum percentage of the units
you must provide is 10 percent.
COMMISSIONER FIALA: Of course, it doesn't explain that at
all in here. So I think at the time whenever we're doing a project,
February 12, 2019
Page 71
somebody could say, and I want to add 10 percent of the entire
project rather than the 10 units, rather than to vote on it now and then
everybody kind of feels like they must do that, right? That hits me
real hard.
Don't forget, they're it building it where we live, so, you know, I
have to feel very protective over it. You guys don't live there, so
there's a difference, but...
COMMISSIONER SAUNDERS: Mr. Chairman?
COMMISSIONER FIALA: And I know you vote for it all the
time. I understand that, but...
COMMISSIONER SAUNDERS: Mr. Chairman, do you have
an issue with the 10 percent?
CHAIRMAN McDANIEL: As long as it's not mandatory, I'm
okay with it; if it's a request. Because one of my perceptions was
when that mandatory comes in, then it allows for a developer who's
building a project --
MR. KLATZKOW: It's not mandatory.
But, County Manager, if you could put up the chart, because I
think that's the heart of it.
MR. GIBLIN: Page 16 of 28; 49 in your packet.
MR. OCHS: Keep going.
COMMISSIONER SOLIS: Table A.
COMMISSIONER TAYLOR: It's there; Page 16.
MR. KLATZKOW: Page 16, Cormac.
MR. GIBLIN: Page 16 of -- Troy's moving it.
MR. KLATZKOW: Page 16, Troy.
COMMISSIONER TAYLOR: Get those fingers moving, Troy.
MR. MILLER: Forty-nine of the --
COMMISSIONER TAYLOR: Sixteen.
MR. KLATZKOW: This is where the 10 percent is coming in
where, depending upon how -- what percentage of the units that
February 12, 2019
Page 72
you're getting for gap, moderate, low, very low, you get the bonus
density of four.
MR. GIBLIN: So, basically, the cleanup here was that is
someone came in proposing to do less than 10 percent of their
development, there's no corresponding bonus to associate it with
anyone less than 10 percent. So 10 percent is the floor if you want to
come in and participate in the program.
CHAIRMAN McDANIEL: And I don't want to put words in
Commissioner Fiala's mouth, but the misnomer is that it is a requisite
of 10 percent within any request for a project.
MR. GIBLIN: No, sir.
CHAIRMAN McDANIEL: That's the misnomer that's traveling
along with that.
MR. GIBLIN: Correct.
CHAIRMAN McDANIEL: So it's not a mandatory 10 percent
included within every project. It is a bonus process associated. You
could get a 10 percent bonus, but not mandatory, within the project.
COMMISSIONER FIALA: Well, why can't we just -- why do
we have to include in it, then, if it isn't a mandatory thing? We could
suggest it if we want. I mean, there are a lot of things that are still
not even in these counts that -- you know, the figures portray one
thing. These people are very much in arms about we need more, we
need more. They don't have any idea what wasn't in the count, like,
for instance, the mobile home parks and, like, for instance, all of the
condo units that are renting rather than selling. People buy a condo
unit to rent. The people that are renting their houses, none of that is
in there at all, and -- or even calculated.
You -- I'm telling you, I've been doing a lot of studying, and so
if -- you can paint a picture however you want to paint it, but maybe
you want to paint it a certain way to get a certain answer, and that's
what I'm concerned with.
February 12, 2019
Page 73
CHAIRMAN McDANIEL: It happens far too regularly.
COMMISSIONER SAUNDERS: Okay. So, Mr. Chairman, we
have a motion and second, but included in that motion is the
10 percent.
COMMISSIONER FIALA: What was the motion and second,
please?
COMMISSIONER SAUNDERS: Motion was to approve the
cleanup items that staff --
COMMISSIONER FIALA: All of them?
COMMISSIONER SAUNDERS: All the cleanup items that
staff has identified. It includes the 10 percent but with the
understanding that none of this is mandatory. No developer is
required to build any affordable housing, but if they want to take
advantage of the bonus program, bonus units, then they're going to
have to provide some affordable housing as part of their project. So
that's the motion, Mr. Chair.
COMMISSIONER FIALA: Okay. And what are all the
cleanup items that you stated? We just know about the 10 units per --
or 10 percent.
CHAIRMAN McDANIEL: They're all through this -- all
through this resolution there are strike-throughs and add-ins. I've
read it.
COMMISSIONER FIALA: So did I, yes.
CHAIRMAN McDANIEL: So -- and, again, I was as you are,
concerned with the -- my interpretation of that 10 percent, that it was
a mandatory -- that it was a mandatory put upon, and I wasn't in
support of it either, so -- but it's been clarified that it is not
mandatory.
And I didn't really have all the -- the majority, expect for those
two issues that I've talked about, I didn't have an issue with those
cleanup items that staff -- I mean, Cormac and I spoke about these
February 12, 2019
Page 74
cleanup items back when we were doing the GMP amendments and
the cleanup of the definitions and the like. So I'm okay with those.
COMMISSIONER SAUNDERS: We have a motion and
second. I'll call for the question.
COMMISSIONER FIALA: Okay. I just want to ask one more
thing. Is there anything at all in here that says to distribute it
equitably throughout the county?
MR. GIBLIN: It applies anywhere in the county.
COMMISSIONER FIALA: Yeah, but it --
MR. GIBLIN: It does not mandate --
COMMISSIONER FIALA: But there's nothing that says we
should be distributing affordable housing equitably throughout the
whole county, right?
MR. GIBLIN: No, ma'am. This is a voluntary program, again.
COMMISSIONER SAUNDERS: And, Commissioner Fiala, for
your benefit, once we go through this, if you want to have another
change to the ordinance, you can make your motion to add that to the
ordinance.
COMMISSIONER FIALA: Well, I've already made the motion,
if you remember, at a previous meeting, and I got voted down, that
everybody does not want to include it equitably at all. They want it
where it's at and not spread around to the entire county.
So -- but I thought I'd just put that on the record. It would be
very nice if somebody would agree with me on that, but it didn't
happen. It was a 4-1 vote, so -- and that makes it difficult for the
children in our community, terribly difficult for the kids, because of
the schools, and then the people who are in a moderate-income
category they don't want their kids at our schools, so then they -- but
that's all they can afford here. That creates another problem, and that
is very difficult for me to swallow.
I understand it's much easier for those who don't want it in their
February 12, 2019
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communities; I understand that. But the problem is, the kids suffer a
little bit. And I just -- but I guess I can't change what you-all think is
the right thing to do.
COMMISSIONER SOLIS: Commissioner, just a question.
How would we make a requirement that it be distributed somehow
equitably when it's a voluntary program that people are going to
come forward and say we want to do this in a certain area? It's a
voluntary program. If this was -- if this was something that was
mandatory, I would say, yeah, that's an interesting thing, and I think
that might be a change that would mean something.
But in a voluntary program where a landowner's going to come
forward and say we're interested in doing this, how would that even
work? They don't --
COMMISSIONER FIALA: I know that there are incentives,
you know, to make it work for certain areas. And, you know, in our
area, for instance, there's a lot of incentives to build it here, and
that's -- you know, it's just -- well, anyway, there's so much.
COMMISSIONER SOLIS: I'm trying to understand how that
would work in something that's voluntary, because I understand --
COMMISSIONER FIALA: We're off on a different subject.
COMMISSIONER SOLIS: I understand the issue.
CHAIRMAN McDANIEL: Yeah, we really are. And I just as a
point of reference, you know, this is a voluntary program.
Commissioner Fiala, we've seen the stats. The majority of housing
affordability has been provided for because it was convenient; it was
where the land costs were the most equitable in East Naples.
COMMISSIONER FIALA: Well, that's because they -- the
more affordability housing you build, the less valuable everybody
else's property is in that area. You all know that. That's not anything
new. And then people say, well, it's the only thing we could afford.
Well, that happens, too.
February 12, 2019
Page 76
CHAIRMAN McDANIEL: And I think as we go forward, that
discussions, options, locations of facilities need to be given due
consideration, and that could be something we could charge our
Affordable Housing Committee to come up with proper incentives,
more incentives in other geographic locations just to assist with that
dispersal, if you will.
COMMISSIONER TAYLOR: That's a good idea.
CHAIRMAN McDANIEL: My only good idea of the day. So
with that, it's been moved and seconded that we accept -- I'm sorry.
COMMISSIONER SOLIS: I'd say I would be in favor of that.
CHAIRMAN McDANIEL: Yes. With that, it's been moved
and seconded that we accept these adjustments with -- what's the
proper word?
COMMISSIONER SOLIS: Cleanup.
CHAIRMAN McDANIEL: -- the cleanup -- the cleanup --
thank you -- the cleanup language as presented.
All in favor?
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed?
COMMISSIONER FIALA: Me.
CHAIRMAN McDANIEL: 4-1.
MR. GIBLIN: And then, Commissioners, I think the last issue
you would want to deal with would be the term.
COMMISSIONER SAUNDERS: Okay. If I could ask a
question to the County Attorney. I have no problem with this being
in perpetuity or whatever length we choose. I'm just not sure what
that means to a property owner whether they can do that.
You have a piece of property. You develop an apartment
February 12, 2019
Page 77
complex. And there's a deed restriction or requirement that it be
affordable housing in perpetuity. So 50 years from now, the
building's ready to be torn down. What do you do with the property?
That's the concern that I have, so maybe -- and, again, just kind of
thinking out loud, because I know you have a problem with that, and
30 years seemed to be reasonable to me. You know, maybe it's for
the useful life of the property.
MR. KLATZKOW: The LDC proposal is 30 years for a rental,
and it keeps the existing 15 years for non-rental.
CHAIRMAN McDANIEL: Let me share with you my
philosophical issue.
Cormac, come back to the mike. I'm going to ask you a question.
MR. GIBLIN: Yes, sir.
CHAIRMAN McDANIEL: Okay. When a unit comes off the
market from having had to have been held for 15 years, what
happens?
MR. GIBLIN: After the 15-year period, it can turn to market
rate.
CHAIRMAN McDANIEL: At which point, then we have
created a windfall for someone utilizing taxpayer money in advance
to provide for housing affordability upfront.
MR. GIBLIN: There's no money. This is density.
COMMISSIONER SOLIS: This is density.
MR. GIBLIN: There's no taxpayer money.
CHAIRMAN McDANIEL: I'm not -- no.
COMMISSIONER SOLIS: I'm just confused by the reference
to using taxpayer money.
CHAIRMAN McDANIEL: Well, the taxpayer money comes
when -- because, again, the time -- the term of hold was changed
from 15 to 30 years. And, again, I wanted it forever, although maybe
that isn't a proper definition.
February 12, 2019
Page 78
COMMISSIONER TAYLOR: I'm going to bow to the County
Attorney.
CHAIRMAN McDANIEL: So I wanted it forever. I wanted a
longer restriction just simply because I think we're kicking the can
down the road. And so the density comes along. You get the extra
density, you hold for your 15 years, and what happened to Whistler's
Cove when they came off the market, or when they came off the
15-year hold?
MR. GIBLIN: Correct. They turned to market rate.
CHAIRMAN McDANIEL: They turned to market. At any
point then incentives were given 15 years ago to give them extra
density -- and I'm not picking on them. Incentives were given.
Taxpayer money was spent. We were utilizing deferral of impact
fees and/or state funds to offset or defer those fees to provide for
housing affordability for a 15-year hold, at which point the owner of
that facility then received a bonus at the end of the 15 years when it
went to market.
COMMISSIONER FIALA: But even though the property hasn't
changed its appearance or its occupants, now all of sudden it isn't in
the count anymore, it's not counted as affordable housing, even
though it's been Section 8 housing for 15 years. Now all of sudden
it's market-rate housing.
CHAIRMAN McDANIEL: So, therefore, then, a windfall has
been created, and this is my philosophical issue with these terms.
COMMISSIONER SAUNDERS: Let's talk a little bit about the
windfall. Now, we had 15 years for owner-occupied. I don't know
why we have 15 years instead of 30 for that.
MR. KLATZKOW: It's just a number. Somebody came up
with a number once upon a time.
COMMISSIONER SAUNDERS: So I would support having
both of them the same; you know, go to 30 years for both of them.
February 12, 2019
Page 79
But let's talk a little bit about whether there really is a windfall.
You've got a house or an apartment complex that's 30 years old.
Maybe that's a little short. Maybe it should be something a little
longer than that, maybe it should be 40 years, but at some point in
time that apartment complex is coming down.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SAUNDERS: And I don't know if that's 30
years from now, but once the apartment complex comes down, there
is no bonus density on that piece of property any longer, because it's
no longer a piece of property for affordable housing. Now, if the new
owner wants to build affordable housing, replace the unit with
affordable housing, then he's got those bonus density points.
So I don't think there's a windfall to a property owner because
we approve this -- obviously, it goes to market rate, but then you're
talking about a 30-year-old building going to market rate.
CHAIRMAN McDANIEL: And 30 year -- 30-year increases in
land values and 30-year increases in impact fees and 30-year
increases in construction costs and, theoretically, 30-year increases in
income for people to be able to afford those.
COMMISSIONER SAUNDERS: Is there a number for those --
for the duration that you're comfortable with?
CHAIRMAN McDANIEL: Well -- and, you know what, if
you -- there is no number that I'm happy with, because I don't really
think we're addressing the need, sir. I don't think that by putting a
term on this we're addressing the need. I think -- I think innovations
need to be effectuated to assist with the true need. I think we need to
partner with the school district. I think we need to partner with the
fire departments. I think we need to build homes and have it be an
incentive program for Tom to be able to hire new schoolteachers to
be able to have a housing unit as a portion of the hire package to --
who owns more land than Collier County? The school.
February 12, 2019
Page 80
And so why aren't we coming forward with programs that are
actually addressing the needs associated that are being represented
here today?
COMMISSIONER SAUNDERS: And if we do this, we'll have
30 years to come up with that solution. I don't mind, personally,
because of the shortness of human life -- and I've said that before -- I
don't mind kicking the can down the road for 30 years.
CHAIRMAN McDANIEL: At 30 years I'll be -- yeah, I won't
be here.
COMMISSIONER SAUNDERS: If we can solve a problem for
the next 30 years, I think we've accomplished a heck of a lot.
COMMISSIONER FIALA: Sometimes when you have --
especially when you have rental properties that are, you know, lower
income, after 15 years, they don't look very good anymore. By the
time 30 years comes along, it's really in bad shape.
COMMISSIONER SAUNDERS: And to say that those units
are going to all of a sudden be escalated to market rates, I think, is --
COMMISSIONER FIALA: Bingo.
COMMISSIONER SAUNDERS: -- not possible.
COMMISSIONER FIALA: But they did.
CHAIRMAN McDANIEL: I guess that's an issue.
COMMISSIONER SAUNDERS: So why don't you pick a
number that we can -- we need four votes, and we need a number,
and 30 years -- if we did 30 years for both of them --
CHAIRMAN McDANIEL: I'll roll for 30 years if you promise
to work with me to come up with some real partnerships to address
that.
COMMISSIONER SAUNDERS: I will make that motion.
COMMISSIONER SOLIS: And I will commit to working with
you on that as well.
CHAIRMAN McDANIEL: Okay.
February 12, 2019
Page 81
COMMISSIONER FIALA: Now, what's the benefit --
COMMISSIONER TAYLOR: I'll second the motion.
COMMISSIONER FIALA: -- to all of the people with the --
COMMISSIONER SAUNDERS: That's 30 years for both.
COMMISSIONER FIALA: I'd like to know.
CHAIRMAN McDANIEL: The benefit to all of the -- where
are you going? You're sliding back. Come on back up here. You're
getting away from the microphone.
COMMISSIONER FIALA: Okay. What's the benefit to the
community to keep them 30 years or the benefit to the people who
are living in those things for 30 years? I mean, I just want to know.
CHAIRMAN McDANIEL: It provides --
COMMISSIONER SOLIS: Sorry. Go ahead.
CHAIRMAN McDANIEL: It provides for housing affordability
for a longer term.
Now, it doesn't necessarily address the issue. I don't know that
the issue's ever going to go away. That's a -- that's the problem. I
mean, I wasn't born here, but I moved here when I was 22, for all you
Millennias -- Millennials or Generation X's or whichever one --
COMMISSIONER TAYLOR: How long ago was that?
COMMISSIONER FIALA: Fifty-seven years.
CHAIRMAN McDANIEL: I turn 58 next month. March 25th.
Don't forget my birthday. I've been here for that long.
So with that, I don't want to take a tremendous amount of time.
COMMISSIONER SAUNDERS: We have a motion and second
for 30 years for both owner-occupied --
CHAIRMAN McDANIEL: And we're to work on some other
real innovative plans.
COMMISSIONER FIALA: For both owner-occupied and
rental?
CHAIRMAN McDANIEL: Yes.
February 12, 2019
Page 82
COMMISSIONER TAYLOR: Yes.
COMMISSIONER SAUNDERS: We're going from the 15
years to 30 for both.
COMMISSIONER FIALA: Wow. Okay.
CHAIRMAN McDANIEL: That's a big bonus.
COMMISSIONER FIALA: Like a Habitat Village, for instance.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER FIALA: Right? Yeah. That's what you're
saying, right?
COMMISSIONER SAUNDERS: Yes.
CHAIRMAN McDANIEL: All of them. Single-family and
rentals.
COMMISSIONER SAUNDERS: Anybody that wants to get
density bonus points --
CHAIRMAN McDANIEL: Condos.
COMMISSIONER SAUNDERS: -- has to commit for -- it's a
30-year hold.
CHAIRMAN McDANIEL: Thirty-year hold.
COMMISSIONER FIALA: Interesting.
CHAIRMAN McDANIEL: It's been moved and seconded. Any
other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed?
COMMISSIONER FIALA: I'm still thinking.
CHAIRMAN McDANIEL: She's still thinking about it.
COMMISSIONER SAUNDERS: Mr. Chairman, while she's
February 12, 2019
Page 83
thinking, could I ask staff a question?
Do we need to do anything else on this, or does that cover
everything?
MR. GIBLIN: I think that covers the entire package.
CHAIRMAN McDANIEL: Did I vote for the needs metrics?
MR. GIBLIN: That's not on today's agenda.
MR. OCHS: It's not in here.
CHAIRMAN McDANIEL: It's all through this.
MR. CASALANGUIDA: It's in the presentation, sir, but it's not
in your code.
CHAIRMAN McDANIEL: Well, that was where I got outvoted
before on the GMP amendments.
COMMISSIONER FIALA: So by picking it apart piece by
piece by piece it's been passed but -- and some of the things that were
concerns of mine have now been not answered, and we're voting for
something that, I think, is going to be -- we're going to be sorry about
that. It's -- and it really makes me upset, so I'm just saying. I would
keep out a couple of these things.
CHAIRMAN McDANIEL: How can -- forgive me,
Commissioner Fiala.
COMMISSIONER FIALA: Yes.
CHAIRMAN McDANIEL: How can No. 2 be addressed in my
executive summary asking specifically for approval on the demand
model and it not be part of what we're passing today?
MR. GIBLIN: The executive summary was showing the items
that went to you last February, those six items.
CHAIRMAN McDANIEL: Right. And I didn't vote in favor of
those six items.
MR. OCHS: A majority did.
CHAIRMAN McDANIEL: I understand. That's where you and
I keep getting to go around on this, so -- and I was under the
February 12, 2019
Page 84
impression that the methodologies that were here were based upon
that needs metrics.
MR. OCHS: They are.
CHAIRMAN McDANIEL: Which I am asking my Affordable
Housing Committee folks to review that, have a look at that,
Ms. Mary, specifically.
MS. WALLER: We will.
CHAIRMAN McDANIEL: You're the realtor extraordinaire of
that bunch.
MS. WALLER: We will. I promise you we will review. Trust
me.
COMMISSIONER SOLIS: So did we finish that vote?
COMMISSIONER TAYLOR: No, we didn't finish that vote.
COMMISSIONER SOLIS: Commissioner Fiala, are you --
COMMISSIONER FIALA: No.
COMMISSIONER SOLIS: You're voting no. Okay.
COMMISSIONER SAUNDERS: Mr. Attorney, you've got --
MR. KLATZKOW: My understanding is that you've passed the
entire LDC amendment, but you've amended it from 15 to 30 years
for both owner-occupied and rental; otherwise, it was passed in its
entirety.
COMMISSIONER TAYLOR: Okay.
MR. KLATZKOW: And I got four heads going up and down,
so I guess I got it right.
MR. OCHS: That's all we have.
MR. GIBLIN: Thank you.
CHAIRMAN McDANIEL: Wow. Did anybody else want to
say anything? There's a bunch of lights up here. I didn't call on you,
Commissioner Solis.
COMMISSIONER SOLIS: No.
CHAIRMAN McDANIEL: Commissioner Saunders, do you
February 12, 2019
Page 85
have anything else to say?
COMMISSIONER SAUNDERS: No. Thank you.
I would say that I want to thank you for giving me the opportunity
to -- or giving us the opportunity to break this down and get to the
heart of the issues. And, Commissioner Fiala, I think that what we're
ultimately going to see is some increased workforce housing spread
out through the county. It's not going to all be in East Naples, and I
think we're all going to be pleased with the result of it. So I
understand your concerns, and --
COMMISSIONER FIALA: That wasn't my main concern.
Actually, we're doing fine with them. I mean, you know, we have
some really nice housing going in. There's some -- Habitat has
brought theirs up to -- and keeping a better track of it. It's not that I'm
complaining so much about it. It's the problems that it causes
because of all the children, you know.
CHAIRMAN McDANIEL: All right.
COMMISSIONER SOLIS: And we'll continue to work on that.
That's --
CHAIRMAN McDANIEL: Well -- and I said it at the
beginning of my comments, and that is what we have has really
opened up a dialogue with regard to what we actually think needs to
transpire within our community, and having an open, honest
dialogue, expressing our opinions as what's going on, hearing from
those that are out there that tell us what those needs are, don't -- aren't
to be dissuaded. I think it's ultimately going to be a huge benefit to
our community.
COMMISSIONER FIALA: But people are afraid to come up
and object to it because there's so many people in favor, and so, you
know, they're just that way.
But I wanted to ask Bill Poteet -- Bill Poteet. Bill, when you're
trying to sell a house, I have been told realtors in general say, you
February 12, 2019
Page 86
don't want to move into East Naples. Is that true?
MR. POTEET: Absolutely -- absolutely not. That would be
steering, and we don't -- it's a violation of our code of ethics.
COMMISSIONER FIALA: Oh, okay.
CHAIRMAN McDANIEL: And, Commissioner Solis, at the
beginning of your comments, you made a statement with regard to
those that aren't here speaking in opposition. There are a lot who
have talked to me -- look --
COMMISSIONER SOLIS: They've always been here.
CHAIRMAN McDANIEL: They're working. They are people
that were not available to come here and speak today. I'm not just
making these things up because of my personal beliefs. I just wanted
you to hear that from me.
COMMISSIONER SOLIS: I understand.
CHAIRMAN McDANIEL: I mean, it's easy to bow over. This
room is regularly full of politics and emotion. I'm not voting based
upon politics and emotion. There are systemic issues going on with
our housing plan that I have had issue since the GMP amendments, in
fact, started. So just so you know.
COMMISSIONER SOLIS: And I understand. And let's -- as
we move forward, let's address those. I mean, I think your issue with
the time frames is a very valid one; I do. And I think we made the
right decision today to extend that. So -- and your ideas about
partnerships, I totally agree with you. I do.
CHAIRMAN McDANIEL: Outstanding. To that end, I think
that we've beat this one enough.
MR. OCHS: You ready, sir?
CHAIRMAN McDANIEL: I don't know, but yes.
Item #11A
February 12, 2019
Page 87
AUTHORIZING STAFF TO: 1) ADVERTISE AN ORDINANCE
AMENDING ORDINANCE NO. 2002-63, WHICH ESTABLISHED
THE CONSERVATION COLLIER PROGRAM FOR FUTURE
CONSIDERATION, AND 2) WITH THE FUTURE ORDINANCE
ITEM INCLUDE A RESOLUTION FOR CONSIDERATION
SUPERSEDING AND REPLACING RESOLUTION NO. 2007-300
ESTABLISHING THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONER’S PURCHASING POLICY FOR THE
ACQUISITION OF LANDS BY THE CONSERVATION COLLIER
LAND ACQUISITION PROGRAM BY REQUIRING
PURCHASES IN EXCESS OF THE PRICE ESTABLISHED BY
THE METHODOLOGY BE APPROVED BY AN
EXTRAORDINARY VOTE OF THE BOARD IN ACCORDANCE
WITH SECTION 125.355, FLORIDA STATUTES – MOTION TO
APPROVE REVISIONS IN THE ORDINANCE W/REFERENCE
TO THE SPECIAL AD VALOREM ASSESSMENTS WITH
REVISIONS IN THE RESOLUTION REGARDING
APPROPRIATE PURCHASING PRICE – APPROVED
MR. OCHS: Our next time-certain item is Item 11A.
CHAIRMAN McDANIEL: And only 39 minutes behind.
MR. OCHS: Yes, sir. And you have a lunch at noon with your
Know Your Government students.
CHAIRMAN McDANIEL: With our Know Our Government
kids.
MR. OCHS: So this is Item 11A. It's an item amending the
Conservation Collier ordinance as the first item for consideration, and
the second is a consideration of a resolution that would establish a
purchasing policy for the acquisition of lands by Conservation Collier
Land Acquisition Program by requiring purchases in excess of the
price established by the methodology and the ordinance be approved
February 12, 2019
Page 88
by an extraordinary vote of the Board.
COMMISSIONER FIALA: Excuse me just a minute. I think I
must not be looking at this right. I don't have glasses on. It says 10A
in front of the Board at 11 o'clock, right?
COMMISSIONER SOLIS: It says directly after the 9:30 we
would do 11A.
COMMISSIONER FIALA: Oh, I see. I'm sorry. Thank you.
CHAIRMAN McDANIEL: So we are on 11A.
MR. MILLER: And, Mr. Chairman, you have three registered
speakers for this item.
CHAIRMAN McDANIEL: Do you want to speak?
MR. WILLIAMS: Mr. Chair, Barry Williams, Parks and
Recreation Director.
What we've offering you today is a two-for. We've got some
changes to the ordinance that we're making a recommendation for an
advertisement of the ordinance. And a lot of it is things that we're
tweaking that don't have a lot of impact but, certainly, we have a
presentation we can go point by point. There are 21 changes that
we've made in the document that we could go over with you.
But then the second item is something to put in your tool kit.
You have a resolution that currently allows for the procurement of
properties as it relates to the cycle.
What this does is give you, through the state statute, this
opportunity. Should you wish to pay more, you have the ability with
a supermajority vote to do so.
COMMISSIONER FIALA: Why would we want to do that?
MR. WILLIAMS: There may be some times when that is
plausible. It is something that's within the state statute. It's not in the
current resolution as it relates to procurement, and it's something we
wanted to bring forward for your consideration today as well. So
with that -- yes, sir.
February 12, 2019
Page 89
MR. OCHS: Yes, sir. As a reminder, quickly, you already saw
this item at a previous meeting. You had directed us to go back to the
CCLAC to ask them for their thoughts on the second of these two
points that Barry just talked about, the purchasing policy, because
they had not considered that recommendation in one of their
meetings.
We did that. They've since taken a position on that. That,
essentially, is where we are at this point.
CHAIRMAN McDANIEL: If I'm not mistaken, several of my
colleagues had other issues with regard to the actual ordinance
adjustments that was the secondary reason for us sending this back to
CCLAC.
MR. OCHS: Yes.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER FIALA: I don't remember what they are.
CHAIRMAN McDANIEL: Well, they weren't really specified.
Just -- I think Commissioner Solis actually raised some concerns at
that particular time. So I'm not in need of a presentation. How about
you folks? Let's hear from our public speakers, and if we need be,
then Barry will go.
MR. MILLER: Your first public speaker is William Poteet. He
will be followed by Meredith Budd.
MR. POTEET: Good morning, Commissioners. William H.
Poteet, Jr., for the record.
I have the pleasure of chairing the CCLAC. And the reason I'm
here today is just basically to answer any questions you may have in
order -- about the CCLAC's decisions and our recommendations to
the commission. That's it. Thank you.
MR. MILLER: Your next speaker is Meredith Budd. She will
be followed by Brad Cornell.
MS. BUDD: Good morning, Commissioners. Meredith Budd
February 12, 2019
Page 90
on behalf of the Florida Wildlife Federation.
Again, I want to thank you all for your continued support of this
program. Today I just want to point out a few key issues with the
ordinance changes for your consideration so that if any of the
recommendations I have you deem appropriate, it can included in the
advisement for the public.
On Page 2, there's a recommendation to change -- or that
removes language that limits the uses of and all investment earnings
on such levies to such purposes in terms of the monies collected for
Conservation Collier. I know it's only a whereas clause, but I also
just want to point out that it just doesn't seem consistent to -- for the
use of Conservation Collier dollars. All earnings from -- brought in
for Conservation Collier should, in fact, I think, be limited to
Conservation Collier, and so I just wanted to bring that to your
attention.
Also on Page 2, there's a recommendation to remove language
indicating that ad valorem levies will be the sole funding source and
replaces it with a source that would be determined by Collier County.
The idea was, I think, to not limit the funding sources and, perhaps,
could be expanded. But I just want to recommend, perhaps, if this is
the case, to include language that says that the program will not be
funded at a lesser amount than it would have been funded through ad
valorem levies.
Page 11 talks about identifying acquisition priority to the urban
area, but it's not limited to the urban area. There was a lot of
discussion about this and about prioritizing urban properties, and this
language seemed to be a compromise at the CCLAC. The intent of
the program speaks to acquiring most rare and endangered habitat,
Section 4.1, and equitably distributed properties, Section 4.2. By and
large, rare endangered habitats are not prevalent in the urban area.
It's not to say they're not there. They certainly are. But they are
February 12, 2019
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much less common. And prioritizing urban parcels would be in
opposition to the intent stated in 4.2 about equitable distribution.
The program has never had a problem acquiring urban parcels,
including the five highly ranked urban parcels in Cycle 9.
Recommended change was not required to make those
recommendations for those highly ranked urban parcels. So
understanding all of that and the intent of the program, I don't think
it's appropriate to make that change.
Lastly, in 14.7 section, there's language that extinguishes
development rights but deletes the language allowing for the
restoration of property rights in the event of a property trade. That
speaks to multi-parcel projects, and I concur with staff that this
deletion will negatively impact those projects. Currently, the
program has the flexibility to get contiguous land. So I recommend
retaining the language as amended in the 2007 Conservation Collier
ordinance.
I ask you to consider these in advance of the advisement, and I
thank you again.
MR. MILLER: Your final speaker on this item is Brad Cornell.
MR. CORNELL: Good morning, Commissioners. I'm Brad
Cornell. I'm here on behalf of Audubon Western Everglades and also
Audubon Florida's Corkscrew Swamp Sanctuary.
We're supportive of the tweaks. You can always improve
ordinances. Time go by, got to fix stuff, stuff that is no longer
pertinent. So those are good, but there are a couple points I want to
make that we don't agree with.
One is on the whereas clauses, I agree with Florida Wildlife
Federation's Meredith Budd; on the fifth whereas clause, the deletion
of the dedication of funds to Conservation land acquisition and
management should remain, because when you collect money, say to
people who vote for the program we're going to buy land with it and
February 12, 2019
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manage it, you've got to say that.
Second thing is I don't think we need to emphasize the use of a
third party. You can do that now if you need to. I will tell you that
your staff are excellent for Conservation Collier. They do a terrific
job, and they're the most economical, generally, and since you can go
out and contract assistance if you need it, why do we need to put that
in the ordinance? So I question that one.
The lot-trading issue where if we need to trade lots for these
multi-parcel projects and not extinguishing the property rights if --
you know, why would we take that tool away from ourselves?
Otherwise, extinguishing property rights is what everybody expects.
If we're specifically trying to trade so that we can finish these
multi-parcel projects, that's a tool we probably should leave in there.
The last thing on the ordinances, the urban criterion that is being
discussed now as a sort of compromise that Meredith talked about is
confusing, I think. And the thing about the -- you can already do an
urban preference. We already do. We've bought lots of urban
parcels. The thing about that is that it's -- if you only want urban,
then maybe what we should be looking at is just parks and let Parks
and Rec buy urban stuff, because the ecological function and the
connectivity sometimes doesn't come with the urban parcels.
Sometimes it does, you know. And so the criterion ought not be
urban so much as it is ecological function and connectivity, if you
understand what I'm saying; otherwise, go to Parks and Rec and let
them buy your urban parks and stuff like that.
Finally, on the resolution on the purchasing policy, we're
supportive of the language, the revised language that CCLAC is
bringing to you. I think that's important because if you leave -- if you
identify the reason for an extraordinary vote as being you want to buy
more expensive parcels, then all the sellers that come to you are
going to offer you more expensive parcels, and we're going to spend
February 12, 2019
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more than we really appropriately should be, or we're going to
disappoint and not get parcels that we should be getting at a fair
price.
So thanks.
CHAIRMAN McDANIEL: Thank you, Bradley.
MR. MILLER: That was your final speaker on this item.
CHAIRMAN McDANIEL: Sorry about that, Brad.
Commissioner Solis, you're first. Well, you're the only one.
COMMISSIONER SOLIS: The only one. Uh-oh.
COMMISSIONER TAYLOR: Right now.
COMMISSIONER SOLIS: Right now.
The change in reference to the funding sources, I mean, what
other funding sources are we talking about, or we're just expanding it
and giving more flexibility; is that the idea?
MR. WILLIAMS: Commissioner, that's correct. You've got
two issues. With the whereas clauses, when you're removing the
whereas clauses that are being removed from this recommendation,
they still stay with the ordinance, but they're not -- they're not
operative in terms of the ordinance itself. And perhaps the County
Attorney's Office can talk better about that in terms of that mentality.
But the issue is, just as you say, you're trying to expand. And
Conservation Collier for the past 15 years has used a variety of
funding sources beyond ad valorem. And so rather than just with the
ordinance, rely on that source of funding, you know, it takes into
recognition grant funding, private donations, other types of funding
that occur, so --
COMMISSIONER SOLIS: And that's already been happening
anyway?
MR. WILLIAMS: Yes, sir.
COMMISSIONER SOLIS: Okay.
MR. KLATZKOW: Your whereas clauses are specifically
February 12, 2019
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incorporated by reference and a part of the ordinance. So if there's a
whereas clause the Board's not comfortable with, I suggest you strike
it.
COMMISSIONER SOLIS: Okay. And that particular whereas
clause limits it to ad valorem; whereas, we've never actually been
limited to ad valorem.
MR. WILLIAMS: We haven't.
COMMISSIONER SOLIS: Right. We've used grant money.
We've used donations. That's --
CHAIRMAN McDANIEL: And we're not eliminating ad
valorem. We're just adding -- that was something that we worked at
the subcommittee level.
COMMISSIONER SOLIS: It's kind of an inconsistency.
MR. WILLIAMS: That's correct. And the --
COMMISSIONER SOLIS: Okay.
MR. WILLIAMS: -- language reflects kind of, you know, post
15 years where you are today, so...
COMMISSIONER SOLIS: Okay. I will admit not being clear
on the issue that Mr. Cornell raised about the swapping of lots on the
multi-parcel.
MR. WILLIAMS: There's a provision in the ordinance that
allows for -- when Conservation Collier takes over a property, all
rights associated with the land are extinguished.
Where this is probably prevalent is we have two areas where we
have multi-lots: Red Maple Swamp/Winchester Head where we've
been playing a little bit of trying to acquire those properties for the
ecological reasons of having them. If there were the desire to buy a
property that would be beneficial to that matrix, if you will, and we
could somehow swap that property where the incentive was to allow
the person that was swapping a property to us to retain rights, that's
what that references.
February 12, 2019
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So what we found in the reality is that hasn't happened since the
inception of that ordinance change in 2007. So we're not seeing it as
necessarily a tool that we need in our tool kit for -- and I think
Mr. Cornell's point is why remove it -- even though you haven't had
this happen, why remove it in terms of --
COMMISSIONER SOLIS: There may be a situation where you
swap lots but we would want to allow some retention of rights in the
lot that Conservation Collier would get?
MR. WILLIAMS: Let us pull up something.
COMMISSIONER SOLIS: Maybe I just haven't had enough
coffee.
MR. WILLIAMS: And coffee would help this question, believe
me. Let me try again.
So Red Maple Swamp has multiple parcels.
COMMISSIONER SOLIS: Right.
MR. WILLIAMS: So, you know, if you were to look at the
matrix of those parcels, we own several of them. So if there was a
parcel that we owned that didn't necessarily meet our needs that we
could swap for a parcel within that matrix that would be more
valuable to us, we've stripped the rights off of that parcel. And so
what this allows for are those rights to return to make that property an
incentive for that swap.
COMMISSIONER SOLIS: Like access or something?
MR. WILLIAMS: That's correct.
COMMISSIONER SOLIS: Something.
MR. WILLIAMS: This is Red Maple?
MS. ARAQUE: Yes.
MR. WILLIAMS: This is Red Maple Swamp. This is an
example. Where you see in the highlighted areas, those are
properties that currently are under Conservation Collier.
COMMISSIONER SOLIS: But we've never actually come
February 12, 2019
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across a situation where that was actually needed?
MR. WILLIAMS: We haven't.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: This would allow us to do that
should we find a -- the need to do a swap, correct?
COMMISSIONER SOLIS: I thought it was --
MR. OCHS: It would take it away.
COMMISSIONER SOLIS: It would take it away.
MR. OCHS: You already have that opportunity in the existing
ordinance.
COMMISSIONER SOLIS: Right. That's what I was -- I want
to make sure that the change is actually doing away with that
possibility.
MR. OCHS: Yes.
MR. WILLIAMS: That's correct.
COMMISSIONER FIALA: And why would you want to do
that?
CHAIRMAN McDANIEL: Yeah.
MR. WILLIAMS: Well, if there's a property that you wanted in
this matrix, that would help kind of complete the puzzle. And, you
know, again, if we acquire the property, we extinguish the rights on
that property. So to swap a property that a person that might have an
interest in swapping it for us, you know, if we owned the property,
the rights were extinguished, but they wanted that property, they
would want the ability to put those rights back on the property, and it
would be valuable to them.
MR. OCHS: The question is, why are we recommending the
removal of that?
MR. WILLIAMS: We've not found ourselves where that's
happened in the last 11 years.
COMMISSIONER TAYLOR: But --
February 12, 2019
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MR. WILLIAMS: And so --
COMMISSIONER FIALA: And I'll just ask one more question
then. Does that mean we're fixing something that ain't broken?
MR. WILLIAMS: Well, it could be. It could be, though, you're
cleaning up to reflect the more reality of where you are with the
Conservation Collier program.
COMMISSIONER SOLIS: And staff's recommendation is not
to accept that change? Did I hear that right?
MR. WILLIAMS: Well, CCLAC has recommended that the
change occur.
COMMISSIONER SOLIS: Right.
MR. WILLIAMS: Yes, sir.
COMMISSIONER SOLIS: But I thought Mr. Cornell had said
maybe staff wasn't on board with that. It's not up to -- okay.
MR. WILLIAMS: Yeah.
COMMISSIONER SOLIS: I get it.
And then, lastly, and understanding the shortness of human life
here, this change of opening the program up to negotiating over and
above what the appraised value is, in my opinion, will create a
situation where the exception swallows the rule. We will never pay
the appraised value again. Why would an owner, if it's a voluntary
program and they're way up on the list, not come back and say, well,
you know, now I really want something more than the appraisers --
all the appraisers say it's worth?
I think that is a fundamental change to the program. I think
there was a lot of wisdom in the way it was set up that we buy it for
what it's worth, and there's a whole methodology for the appraisals.
We pay what it's worth, and I think there's a lot of wisdom in that,
because it takes the lobbying and the politics out of it. I think that's
better for the environment, I think it's better for the taxpayers, and I
think that the program was set up that way intentionally, and I'm
February 12, 2019
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really against that.
The only compromise that I can see would be that the vote not
be a supermajority; it would have to be unanimous.
CHAIRMAN McDANIEL: Well -- and if I might, because
there are a couple of people ahead of me, but I just wanted to ask a
question. Because it's pretty -- it's pretty specific the way the rules
are set up right now, Commissioner Solis, with regard to the
acquisition price. What if there were a piece of property that was of a
very high ecological value that didn't meet the criterion that's
established within this program? We can't buy it.
COMMISSIONER SOLIS: But this is -- the issue is, you know,
what's ecologically valuable for -- I mean, how is that process going
to work? Well, it's going to work because the owner's going to come
up with an expert, and he's going to show this ecological value, then
staff is going to, you know -- I think that that's just a process --
CHAIRMAN McDANIEL: I do want to say, I concur with the
manipulation of the system and the politics and emotion that get
involved with allowing that to transpire, but I can also see -- I can
also see a detraction there for us not being able to buy a very, very
valuable piece of property simply because it doesn't meet the
established criterion.
COMMISSIONER SOLIS: Well -- and I understand that, and I
think in -- could that be a situation? Yes. But I think the danger of
opening this up and fundamentally changing the program outweighs
the possibility of that happening. I mean, we've never -- we've never
really seen that, and I just don't think that is a risk that we should take
with the taxpayers' money. That's all.
COMMISSIONER FIALA: Well said.
MR. OCHS: That concludes our presentation.
CHAIRMAN McDANIEL: With that, Commissioner Taylor,
who was next.
February 12, 2019
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COMMISSIONER TAYLOR: All right. Because it's 11:59,
should we take a break and go upstairs? I'm asking.
CHAIRMAN McDANIEL: I think we're almost done.
COMMISSIONER TAYLOR: All right. This whereas clause,
which should be here that is not here regarding ad valorem, I'm not
finding that at all. And maybe what is before me is it without the ad
valorem in it. But I heard it was -- understood it was the fifth
whereas clause, and ad valorem's not even -- so it's already been
exercised (sic)?
MR. WILLIAMS: Well, we've given you a couple of things in
your packet.
COMMISSIONER TAYLOR: Okay.
MR. WILLIAMS: We may need to pull it up. But we gave you
the clean version of the ordinance with the whereases.
COMMISSIONER TAYLOR: Okay. That's exactly what I'm
looking at.
MR. WILLIAMS: And then we also included another ordinance
that did have the strikethrough language that was removed.
COMMISSIONER TAYLOR: I think it's critical that the people
in our community vote for something that they understand they're
paying for, and that's why the ad valorem is so very important,
because it does take the -- you know, it does cost every person -- not
every person but homeowners, property owners in our community,
and I think having it there, it's just -- to me it's more transparent that
we have -- as I remember, you gave me some information where we
may have had a million -- only -- about a million dollars worth of
grants over the last -- since the inception of this program. I'm not
aware of any donations.
But perhaps if we could leave a special ad valorem assessment
or a funding source to be determined by Collier County, you're
adding that in.
February 12, 2019
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So if we could leave that a special ad valorem assessment or
including grants and donations or wording it appropriately, I think it
would be better. But I'd like to see ad valorem left in this ordinance.
It's the foundation. It's the pillar of this whole program.
COMMISSIONER SOLIS: And maybe just as a thought, we
don't have to -- through a funding source -- because I understand
Commissioner Taylor's thought, and I agree with that.
I think the issue is whether it has to be in whole or in part,
because we could -- an outright donation doesn't involve ad valorem
assessments.
So what if we just said it could be purchased through or using
special ad valorem assessments --
CHAIRMAN McDANIEL: Or.
COMMISSIONER SOLIS: -- or any other funding source to be
determined by Collier County. Would that -- I mean, I hate to be
splitting hairs, but I understand what you're saying. I think that's --
CHAIRMAN McDANIEL: You know -- and it's -- I don't
disagree with that thought process. I mean, leaving the ad valorem in
there -- because it is a special assessment that we have to vote on at
another point in time. So leaving it in there does specify a special ad
valorem assessment, and just add "special ad valorem assessment"
back in and replace "hereby" with "or," and then you've covered
whole or part --
COMMISSIONER SOLIS: Makes it consistent.
CHAIRMAN McDANIEL: -- or a funding source, and it
clarifies that we -- because we do already. Actually, we're stating the
obvious. But we do already seek grants and philanthropic
contributions and the like, but we're just adding that to it.
COMMISSIONER TAYLOR: I think the extraordinary thing
about this program is the amount of money it has raised to create
these purchases, and I just don't want to see that diminished. Oh, we
February 12, 2019
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can do some else. Nah, and maybe -- and I just don't want to see it.
The people are going to make that decision. We're not going to
make that decision. You know, it's going to them. They're going to
decide, yep, tax me for this. And if that's the case, let's, you know,
accumulate the funds and not water it down, so to speak, and I think
that's all my concerns at this point.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I agree with most everything.
In fact, you said it far more eloquently than I ever could. It was
great.
I don't think we -- and the different things I'll just reiterate
quickly is I think we ought to keep the donations. I think that that's --
somebody might want to bequeath us a few things, and that's a great
thing. I think that keeping it as the tax -- that's what the people voted
for before, because they wanted to buy that land, so I think we should
keep it. And why would we ever want to offer anybody a larger price
for any land when they already ask for -- well, let's see. I want to
pay -- I want $1,000 for this, and then we say, no, no, take 2,000. I
don't think so.
So I think we should just accept the donations and not upgrade
it. Those are my comments.
COMMISSIONER SOLIS: Mr. Chair, I'll make a motion, in the
interest of time, if there's any other comments -- I'll make a motion
that we approve the revisions to the ordinance with the revision to the
whereas clause relating to the reference to the special ad valorem
assessments and, however, not including the revision to the
purchasing policy that would allow for paying more than the
appraised price of the -- value the property.
COMMISSIONER FIALA: I'll second.
MR. OCHS: Mr. Chairman, just for clarification, the ordinance,
we're asking for authorization to advertise. You're not actually
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adopting that ordinance.
COMMISSIONER SOLIS: Right, right.
COMMISSIONER FIALA: I seconded that motion.
CHAIRMAN McDANIEL: And that is with the -- that motion
is made with the adjustments with regard to the special ad valorem
assessments being added back in and replacement of "hereby" with
"or" in that regard.
COMMISSIONER SOLIS: (Nods head.)
CHAIRMAN McDANIEL: Okay. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
Did you vote yes?
COMMISSIONER FIALA: Yes.
CHAIRMAN McDANIEL: Okay. I didn't hear you.
Thank you, Barry.
COMMISSIONER FIALA: So our 11 o'clock will be about
1 o'clock?
CHAIRMAN McDANIEL: About 1:10. We will be back at
1:10. I'm giving you an extra five minutes for lunch.
(A luncheon recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN McDANIEL: Very good, very good. And help
me out a little bit there, County Manager.
MR. OCHS: Yes, sir. We're moving on to the 11 a.m.
time-certain.
February 12, 2019
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CHAIRMAN McDANIEL: The 11 a.m that we're a minute
behind.
MR. OCHS: Yes, sir.
Item #10A
REVIEW OF AN UNSOLICITED OFFER REGARDING THE USE
OF 17 ACRES OWNED BY THE COUNTY ON BAYSHORE
DRIVE AS A FLORIDA GULF COAST UNIVERSITY
“WETLANDS AND WATER QUALITY CAMPUS.” –
DISCUSSED
MR. OCHS: And that would be Item 10A. And this is a
recommendation to review an unsolicited offer regarding the use of
17 acres owned by the county on Bayshore Drive as a Florida Gulf
Coast University wetlands and water-quality campus, and
Commissioner Taylor has placed this item on today's agenda.
MR. MILLER: And, Mr. Chairman, I have eight registered
speakers for this item.
COMMISSIONER TAYLOR: And please note that this item --
I placed this item on the agenda not for a decision of a yea or nay --
because there's a huge and a long and lengthy process, any kind of
property has to go through. But because the question of a donation of
land is part of this, it became important for me, at least as a
commissioner, for transparency purposes, especially to the public,
that it's brought forward. This is a 10,000-foot view of a conceptual
plan that might change again and again.
Also, one of the reasons I brought it forward is it was heard by
the CRA in January. It was a unanimous vote to bring it back with
more specificity -- and I'll use my Chairman's words -- with some
more details on the plan, and no time frame on it whatsoever.
February 12, 2019
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It was also discussed in February and, again, it was -- it was,
again, approved for more details on the plan but also -- and it's very
important to note -- that other plans also be entertained of other --
you know, it wasn't to the exclusion of any other kind of proposals.
I've never seen this -- and I've been with the CRA board not
every meeting but darn close to every meeting since January of 2014.
I've never seen the cheers that went up when this proposal was
brought forward in January. It was also termed exciting.
And so given that reception, and also with the feeling that
transparency is very important, I'm just bringing it to you as a
conceptual plan, not for anything but to see if it kind of suits you to --
you want some more information on it, and that's it.
CHAIRMAN McDANIEL: We have public speakers?
MR. MILLER: Yes, sir. Our first registered speaker is Maurice
Gutierrez, who's been ceded additional time from Sara Arafet.
Ms. Arafet, are you present?
(Raises hand.)
MR. MILLER: Thank you.
And Mr. Gutierrez will be followed by Mike Patch.
MR. GUTIERREZ: Good afternoon. I was going to say good
morning, but --
CHAIRMAN McDANIEL: Sorry about that.
MR. GUTIERREZ: -- it is not 11 o'clock.
You know, the difference between a vision and a dream is focus;
I've often said that. And our board has always been focused on
developing this property and giving back to the community.
And one of the reasons that is, is because the advisory board was
created to have a conduit of communication from the residences (sic)
to the commissioners to sidestep the problems of years past where
things got decided without input, and it's worked really well, I'll have
you know.
February 12, 2019
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And I think this is an exciting moment, because I'm going to
take this opportunity to take the temperature of the commissioners on
the word "donation."
We have -- about to finish a master plan, and a lot of time was
devoted to all the residences being polled and focus groups as to what
we want, what we don't want, and what we hope to have, and the
signature "Bayshore arts" term has always been associated with a
cultural facility.
So when this was proposed and I didn't see that, I was kind of
like, well, not so much for the community, interesting concept from
FGCU, so as an open-minded individual, I felt always more
information is better.
The donation part is interesting because the advisory board has
always been very fiscally responsible. The fact that I'm standing
before you is proof because in '08 attempts to disband were met
with -- well, from our point we fought it, and here we are. So we've
never followed a policy on this property of donation. It's always
been, you know, five-million-dollar investment in the neighborhood
plus the interest we're paying on a note that we still owe. So let me
clarify that: We don't own it yet. But the important part is we can
suggest what goes there.
We are ground zero for development, not by choice, but there's
nothing left, and proximity is putting a lot of pressure on the
Bayshore area. And we have heard from the residences their
concerns are traffic and density. Again, we can't control everything,
but this parcel we can.
So when I'm looking at the review of the plans today versus last
Tuesday or a month ago, I'm seeing a lot of density. The master plan
will show that the majority of the residents want the cultural center
and green space. Those are number one and number two. All the
others rated so low on the scale, the housing, mixed-use, all of that
February 12, 2019
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was not as desirable. And I understand that because Bayshore, in its
unique geographic location, is like a small town with a main street
except every street off Bayshore is a dead-end. So no matter what
happens on Bayshore, every resident's going to be impacted forever.
So we've heard that loud and clear.
Our advisory board members have mentioned that we've learned
a lot every time our projects have not come forward. The Arno
property fell through for financing, but we also learned that possibly
the density that he was proposing was a little troublesome. Unlike
the triangle, which is a commercial site, that density was
troublesome, but that's a poison pill that was not so bad because it's
surrounded by commercial. This is all residential.
The ability to donate our advisory board has kind of always been
shy to present because of the cost, the return of the investment, so
we've never really pursued that. So I think I'm going to take this
opportunity to bring that to the forefront and see how I get a feeling
from the commissioners about that concept versus real estate sale
gains associated with a project and what it gives back to the
community.
The project proposed is very interesting because it's never been
proposed, but I feel it's a bit unfair to those that have been standing in
line, like CAPA and the United Arts Council who have always said,
donate us the land. We'll build you what you want, and we've also
resisted that desire to jump on board and go with that train.
But here, and we're talking openly about a potential donation of a
large piece of property. I use the word "investment" because if we
wouldn't have bought the property, that five million would have been
spent on other improvements on Bayshore.
I feel that the property is valuable, I feel the project has merit,
but it doesn't give back to the community as well. Would it not be
better if we simply donate the property to CAPA, reduce the
February 12, 2019
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footprint, eliminate the density, eliminate the traffic, have parking
and all that green space on all that space that is labeled "nobody
wants" will go to park system and connect to Sugden Park and give
Bayshore a park and a cultural center with a donation instead of a risk
of payment and the project then failing.
CHAIRMAN McDANIEL: Was that Maurice's six minutes?
MR. MILLER: Yes, sir.
CHAIRMAN McDANIEL: Okay.
MR. GUTIERREZ: Thank you.
CHAIRMAN McDANIEL: Thank you, sir.
And I have to apologize, Maurice, just because I didn't realize
we had a presenter who was here who usually should have been at the
podium ready to go, and so I didn't realize we were going to have a
presentation from David prior to you going. So forgive me for that,
because I kind of went out of turn.
The presentation from the architect was in advance of the public
speakers, and I didn't realize that, so it's my apologies.
MR. GUTIERREZ: Thank you.
MR. CORBAN: Sorry for not standing up here before.
CHAIRMAN McDANIEL: That's all right.
MR. CORBAN: My name is David Corban. I'm an architect
here. I'm also a long-time resident of the Bayshore area. And as an
architect, we've done numerous projects in the Bayshore area,
including ones at the Naples Botanical Garden. We've renovated the
old Social Security building for Catholic Charities, and most recently
the Celebration Park.
Our involvement with this -- you know, I've watched this
property over the last 12 years that the CRA has owned it. Kind of,
proposals come and go; none seem to get a lot of footing. But I had
never been part of any of those teams. But when I met Dr. Bill
Mitsch about six months ago, he is the head of the wetlands research
February 12, 2019
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center at the Kapnick Center. He's the Juliet Sproul chair of the
Southwest Florida Habitat Restoration and Management. He's been
doing a lot of work over at the Botanical Gardens.
And I was approached by a client of mine to meet Dr. Mitsch to
solve one of his problems, and it's a problem that you all were talking
about earlier. He has -- he has Ph.D. candidates and students and
visiting scientists coming in, and he doesn't have a place for them to
stay.
So we started by looking at possibly even taking laboratory
spaces that they have at the Kapnick Center and turning that into
studios or apartments or even dormitory space, but that just seemed to
be a Band-Aid for the problem.
But he also mentioned his need for a real wetlands to study and
a place to set up a laboratory, a permanent laboratory to study
because of our dire water-quality issues that we're having in Florida
right now. And he asked me if I knew of such a place where he could
do something like that.
And I said, well, as a matter of fact, there's a place just like that
a quarter mile from where we're standing. And so I showed him the
FGCU -- the 17-acre parcel. And we went and had a look at it, and
he said, this is perfect for us.
So I did a quick plan that was reviewed by his advisory
committee, by FGCU, and they liked what they saw. So I then
approached Commissioner Taylor to show her. She says, looks very
interesting. Let's have some more information.
So I knew that this property couldn't just be the FGCU wetlands
center. It had to solve a lot of the things that have been looked for.
The reason the CRA bought this property was to do a project that had
a cultural component that provided amenities and services for the
Bayshore community and help to revitalize the entire community. So
I knew we had to do something that did that.
February 12, 2019
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And so what we've come up with -- can I advance the slide on
that or --
MR. MILLER: Sure. It should advance.
MR. CORBAN: Here we go.
So this is a site diagram, kind of, that's based on the uses that we
proposed. FGCU would take 10.8 acres. It's basically the part, as
Mr. Gutierrez said, is nobody has really ever wanted before. It's a
piece of property that really makes this site not an 18-acre parcel but
more like a 7-acre parcel.
So that portion would go to FGCU with this proposal. That still
leaves 5.4 area -- acres of area for a mixed-use development that
would provide those services, you know, for the Bayshore
community as a profit -- for-profit development. And then that also
leaves 1.6 acres and, actually, the most prominent portion of the
entire site, the southwest corner, for a cultural arts center. There's
plenty of room there to build a 35,000-square-foot facility with
associated parking.
But the most important thing that ties the whole thing together is
a third-of-a-mile-long linear park that would connect Sugden Park to
the east all the way to Bayshore. I think the most similar thing to
compare this to would be the Gordon River Greenway in the City of
Naples that's extremely popular.
One of the first things that would happen with FGCU, if this
proposal were to be successful, would be that they would clean up the
site. They would restore the wetlands, they would remove the
exotics, and start to restore the site back to, you know, I'm not sure
originally, but what it would be like with all the exotics removed and
restored wetlands.
And so we think that provides an amenity, a green space for --
not only for the Bayshore neighborhood but all of Collier County and
visitors, but it also provides an amenity to whatever goes on with the
February 12, 2019
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mixed use, people that are living there, working there, and shopping
there. It's an amenity that serves everybody.
And we see the linear park as having, you know, shade
structures, having signage, kind of showing people what's going on
with the wetlands research. So we feel like that would be quite an
amenity.
So as Commissioner Taylor said earlier, this plan, we then
presented it in January to the CRA advisory board and the audience.
It was very well received, and so that brings us to today.
And there's been a lot of talk in how the property is transferred
from the county to FGCU or the private developers. There was some
talk early on by FGCU that the entire property needed to be donated
to FGCU, and that's not the case. They do need a donation. It helps
them with their fundraising if there is a donation of property to
FGCU.
But our development team, which is headed by Rebecca
Maddox, who is our client for the Celebration Park, she, I think, has
been most responsible in the last five years for the revitalization of
Bayshore. She's brought over 100 yards -- 100 jobs to the Bayshore
area. She would head up the team of investors to do this. But their
idea is actually to make a purchase of the land at a value that's agreed
to by the county, and then they would donate the portion of land to
FGCU. So it's not a donation by the county. The county would get,
you know, money for the property. And then the remaining portion
of the property would be available for the mixed-use development
and the cultural arts center.
And as Commissioner Taylor said, we understand that this is an
unsolicited proposal. There's a long way to go, a lot of hoops to jump
through. And I think you also know, and I think I want everybody to
be clear, that any project such as this will continue to get scrutiny by
the CRA, by the CRA advisory board, by the Planning Commission,
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probably by Mr. Strain, and then I'm sure it's going to come before
you guys again. So this is really just an early process.
CHAIRMAN McDANIEL: Thank you, David.
MR. CORBAN: That's all I have.
CHAIRMAN McDANIEL: Any questions of the presenter?
COMMISSIONER FIALA: Later on.
CHAIRMAN McDANIEL: Later on, okay.
COMMISSIONER TAYLOR: Troy, there's one slide that I
think it's important to put up there, if you don't mind. That's it.
That's a view from a street --
MR. OCHS: Commissioner?
COMMISSIONER TAYLOR: I'm sorry. That's a view from a
street abutting it. I think that's probably as far west -- no -- north as
you can get.
MR. CORBAN: Harvest Court's the name of that street.
CHAIRMAN McDANIEL: We'll go on to our public speakers
then.
MR. MILLER: Yes, sir. Your next speaker is Mike Patch. He
will be followed by Karen Beatty.
MR. PATCH: Good afternoon, Commissioners. Thank you for
this opportunity to speak.
I am Mike Patch. I am currently President of the Moorhead
Manor Cooperative, a 55-and-over community directly across the
street from the 17-acre parcel on Bayshore.
During the discussion of proposals for this property last year, I
listened to a commissioner lament the fact that there was no
55-and-older housing on Bayshore. You might imagine how shocked
we were to learn that we did not exist in the mind of a commissioner
as they were discussing the use of a property directly across the street
from us that would impact us more than anyone else. That concerns
us still.
February 12, 2019
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I have also been watching and listening to the local CRA and
MSTUs since I came here in 2011. I have been very impressed.
These are local people making local decisions for the improvement of
the Bayshore arts district, and it is working very well.
I, of course, work in environmental chemistry. I began to
evaluate the wisdom of using the property across the street for
water-quality research but, thankfully, I came to a revelation. I don't
hold a candle to Dr. Mitsch, a worldwide renowned water-quality
research specialist, who attracts researchers from around the world.
He says he needs 11 acres of that property. FGCU supports him.
This is an educational, recreational, research facility that may be
a rare opportunity or, as presented today in its changed form, may
present a way to gift the 16 acres to a developer.
The trail or boardwalk will create a transitional property
merging the residents and arts of Bayshore with the recreation of
Lake Avalon and Sugden Park.
Also regarding the remaining six acres, I can assure you that we
do not need more boxes stacked on boxes, people stacked on people.
Whether high-rise, mid-rise, or low-rise, the purpose is to increase
the profits of the developer, not to increase the quality of life on
Bayshore.
We want and need CAPA and the United Arts Council. But
what concerns me most is that this is on the agenda today before the
CRA has collected all the information, before the CRA has made a
recommendation. At this point it is merely gossip, and appearances
are everything.
It appears as though someone has enough influence to put the
cart before the horse. If true, that concerns me. And now as I arrived
today, I learned that the plans presented have changed.
CHAIRMAN McDANIEL: Thank you.
MR. PATCH: Thank you.
February 12, 2019
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CHAIRMAN McDANIEL: Well said.
MR. MILLER: Your next speaker is Karen Beatty. She will be
followed by Laura Burns.
MS. BEATTY: Hello. I am Karen Beatty, and I have served on
the Bayshore/Gateway Triangle Advisory Board since 2004. I served
on the board when the 17 acres were assembled. I was a newbie.
And it was assembled for the purpose of a catalyst project for the area
to include the cultural arts.
I'll skip through some of this because I see no one gave me their
minutes. Now more than ever the 17 acres is ripe for attracting what
is needed to ground and center the cultural arts of all kinds in the
Bayshore district. We should only look at what has failed in the past
to give us direction for the future. It's okay that nothing has
developed on this to this point. Bayshore wasn't quite ready for it,
but now it is. It's booming and certainly on the map now thanks to
Rebecca Maddox and others who have worked hard to bring some
interesting developments to the area. People travel to Bayshore from
all over.
As Bayshore grows, the 17 acres is highlighted as a very
important green space. It needs to be mindfully developed in a way
that benefits the citizens who have been paying for it all these years.
The advisory board members and staff concur that we learned a lot
about what will not work on the property from past developments
that were proposed and failed. We are more focused than ever on
what will serve the citizens of the arts and had decided collectively,
along with staff, to allow the Community Redevelopment Area
Master Plan to be completed and the art assessment for Collier
County before moving forward with any development on these 17
acres.
As much as I like some of what is being currently proposed on
this land by the developer, such as a commercial part and the arts, I'm
February 12, 2019
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very opposed to any condos being built. The 17 acres is currently
zoned for 40 living units, which would fit perfectly into the idea of
live/work; however, with the 17 acres soon to be surrounded by
condos, coach homes, et cetera, I very much oppose any additional
units on this property and suggest that more commercial, retail, and
cultural arts components be added for amenities for the people.
Bayshore is deficient in commercial retail and the cultural arts. This
is what we need, and the citizens have voiced what they want.
As Bayshore continues to grow with the vast amount of housing
being implemented, the citizens will find it harder than ever to get
downtown and to other various amenity center elsewhere in Naples
due to the traffic. They need amenities near by.
We are fortunate to have input and guidance from the United
Arts Council regarding the cultural arts of all kinds. I urge everyone
to remember the presentation Laura Burns did for the CRA advisory
board and the BCC regarding the economic impact of the arts. It is
profound and based on facts and statistics. I urge the developer to see
this presentation.
Currently, there are many multifamily projects. There are so
many projects being built in the area. We definitely don't need any
more housing. There are 372 condos currently that will be built in
the area and 794 rentals all within a mile of this 17 acres.
I have much more to say, but my time is up. Thank you.
MR. MILLER: Your next speaker is Laura Burns. She will be
followed by -- and I'm having trouble making this out. Victoria -- is
there a Victoria here? I cannot make out the last name.
(No response.)
MR. MILLER: Okay. Laura Burns will be followed by
Dr. Schantzen.
CHAIRMAN McDANIEL: And we can use both podiums. If
doctor who --
February 12, 2019
Page 115
MR. MILLER: Schantzen?
CHAIRMAN McDANIEL: Schantzen.
MR. SCHANTZEN: Al Schantzen.
MR. MILLER: Oh, I'm sorry. Al Schantzen.
CHAIRMAN McDANIEL: How you doing, Al? Come on here
to this podium. And when she's done, you can go.
MR. MILLER: I elevated him to doctor.
CHAIRMAN McDANIEL: Doctor.
MS. BURNS: Well, good afternoon. And I'm Laura Burns, the
Executive Director of the United Arts Council of Collier County, and
it's a pleasure to speak with you this afternoon.
We are here today to advocate, of course, the inclusion of arts
and cultural integration into the entire project and the development of
the 17-acre parcel in Bayshore. And I want to be very clear that the
UAC has been actively engaged in the arts and cultural planning for
Collier County and in conjunction with the county, and this project is
no exception.
We've been in discussions and conversation with the developer
and the architect and the CRA, and we're working through the RFP
with the county. So -- for arts and culture. So we've been an
integrated part of this. And the UAC is the umbrella organization for
all 64 arts and cultural organizations in this county. So it's important
that we're a part of that and we speak as the overall voice.
I want to remind you all that the economic impact study for arts
was released in June of 2016, and it concluded that the contribution
to local and state government revenue was over $10.8 million and
supported nearly 3,000 jobs in Collier County. The local government
revenue is 3.6 million, and the opportunity for growth is enormous.
It was underreported and also underutilized for that survey.
I encourage all of you in this room to imagine the opportunities
with a world-class environmental arts center that works in partnership
February 12, 2019
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with, be it FGCU or any other organization, could be the Botanical
Gardens, even, and how that contributes to the vibrancy of the
neighborhood and the availability of the live/work space for
researchers, students, and artists. There doesn't have to be a
determination on exactly what that looks like to create that cohesive
environment for collaboration and creativity in that area.
So, with that, I'd like to say officially that the United Arts
Council is here to, again, support the arts and cultural development in
that area and to let you know that our board and the staff of the
United Arts Council wants to seek an active partnership with the
county, with the developers, and should it move forward with FGCU,
so that we can talk about a cohesive development, arts and cultural
component, and know that the United Arts Council is ready and
willing to work with them in an
ownership/management/programming capacity that's mutually
beneficial for all of us.
So thank you very much.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next speaker is Al Schantzen. He will be
followed by Kristine LaClair.
CHAIRMAN McDANIEL: Dr. Schantzen.
MR. SCHANTZEN: Al Schantzen, Canal Street, resident 30
years.
One of the primary focuses I have is that the community and the
CRA takes care of its people in the community. I know the need to
be able to receive outside influences and monies and stuff like that,
but my primary concern is for the residents of the neighborhood.
COMMISSIONER FIALA: Could you speak into the
microphone.
MR. SCHANTZEN: Oh, excuse me. If the CRA was to receive
market price without taxpayer incentives for the 17 acres, this
February 12, 2019
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becomes a different conversation, but something that requires
taxpayer and private donations, which are leveraged against these
donations, becomes a bunch of good will funded by hope, and a lot of
other players get involved in actually about what becomes of the
whole thing.
The progression from when this concept came to where we're at
today, they are moving in that direction that satisfies a lot more need
that the community needs than the original first proposal that they
have.
But a Ph.D. environmental service wetland facility is not
something that comes to mind when I think of community, but they
seem to be working towards trying to accomplish the needs of what is
needed in the community.
One of the things in the survey that the CRA did, it did
recognize that more residential areas -- and as the gentleman says
boxes on boxes is not something that we wanted. We wanted more
access for the public amenities, the water activity regarded with the
lake, and that "nobody wants" lake, I believe, is a bit of sarcasm on
everybody's part, because the residents want that piece of water and
want to be able to have access to it.
Any entity that does occupy this space, when it becomes
successful, it grows and expands, which requires more space, more
rezoning, more variances, more donations, more taxpayer incentives
or deferments of impact fees.
Got to be other opportunities, incentives that need to be explored
for this particular function, and the conversation started going, maybe
it will bring the 17 acres around to what the residents want, but other
venues seem to fit the Florida Gulf Coast University's needs better
than a contained area on Bayshore.
I consider Bayshore area, first and foremost, a residential
community, which should influence all decisions. Thank you.
February 12, 2019
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MR. MILLER: Your final registered speaker is Kristine
LaClair.
MS. LaCLAIR: Hi. I'm Kristine LaClair. I live on Areca
Avenue off Bayshore.
The conversation is to donate a gridge (sic) to FGCU. Why not
donate to Sugden to extend the access for the Bayshore community
which could include more water activity with small non-powered
watercraft with launch access, also maybe a dog beach, and maybe a
dog run?
The survey taken last year by Bayshore community, and was the
majority, was for the arts on -- and the site plan allots for only 1.6
acres for the arts.
Residential was at the bottom of this survey, which brings
another question on the proposal: Where would public parking be for
the access to Sugden? There isn't any on the proposal. I'm not sure
where there would be parking for FGCU either.
FGCU wants wetlands. Why not use what's at the Botanical?
There's also the Gateway stormwater pond in the CRA triangle off
Linwood, or west of the airport, or how about partner with the
Conservancy?
My concern is, what will they do with the water? They will
have to alter it to make it red tide, or how will it affect us residents?
What will happen after they remedy the problem of red tide? What
will happen if it gets out of control, and who will regulate it?
So that leads us to the seven acres used for the arts, parking, potential
businesses. Keep some land for the future growth. I do not support
the multifamily or residential due to all the growth that's in and that
surrounds the Bayshore area.
This is what is currently being built. It's Mattamy Homes, the
Isles, next to Abaco Bay and the Courthouse Shadows.
Thank you for your time.
February 12, 2019
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MR. MILLER: That was your final speaker on this item.
CHAIRMAN McDANIEL: Good. Commissioner Fiala.
COMMISSIONER FIALA: Oh, okay.
Thank you very much. It was good to hear from everyone. This
is an area that I think is the prize of the whole area. In fact, this
particular property, the 17 acres, has been -- has been something that
the people in that area who live there have looked at with great
respect and with great enthusiasm hoping that some day it will grow
to be what they're all envisioning, which would be an arts
community.
They held art shows back there. In fact, I have one of the
T-shirts in my office right now. And they have many things. Oh,
like Phil Fisher and Jerry Valez (phonetic) and Paul Arsenault would
come, and they'd have their paintings and everything. And this is
what they've been striving for.
But like Maurice said, the time was never right. And, of course,
the Cultural and Performing Arts Center, CAPA, has been wanting to
go to that area for a long time, but they needed a donation as well.
And there was a group of commissioners here that felt that they didn't
ever want to let it be donated to anybody. They're not here anymore.
And I think we have a commission now that is -- can see that the time
is now right.
And then I thought about the proposal from the people that want
to do this. And when Rookery Bay was up this morning and they
were talking about their water-quality area that they're studying, well,
that's right down the street almost. You know, Rookery Bay is just a
little bit away. And right there on the property of Botanical Garden is
where the FGCU has a facility already. And they study these things,
and they're right close to the water at Botanical Garden.
And so it would seem that instead of taking this prize piece of
land -- the only one, by the way, that's of the proper size that can do
February 12, 2019
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the things that the arts community would love to see happen, to take
that and put it into research when you can do it right there behind
them over in the Botanical Garden, it seems kind of a shame, or you
can do right down the street over at Rookery Bay.
So I can see how the people feel like -- it's kind of like, here's
the thing we've been waiting for, and it's slipping out of their hands.
And so I'm concerned about that, really.
I think that this is the most important piece of property that
they've had on Bayshore. After they put all their condos that they
want to put in -- by the way, condos coming in, we're just building,
how many is it now, 400 and -- I'm going to say 400. I don't care it's
that -- somewhere I've gotten it written down -- that are being built
right on Thomasson, hundreds of them, okay. We've all seen it; the
wooden ones that they're building right now. That's going in right
this minute. They're up. And they have a lot to finish yet.
And, of course, there's another one going up; it's an
extended-stay hotel that's right up on the corner for professors and
everything that want to come in. That's right there, too. They don't
really need this property for housing. There's lots of stuff already in
the area.
Let's see. Oh, yeah. With the ones that they're building right
now, that's 340 units, the extended-stay hotel is 120 units, plus there
are two condominium developments that are developments that are
going right on the corner of Bayshore and Thomasson, one on each
side, about 300 in each one of those and -- that they're building, by
the way, specifically for teachers and nurses, they've said that, and
they're beautiful places. In fact, one is priced so right -- the guy is
very impressive. But, anyway, so lots of stuff is continuing to be
built there.
I don't think that he -- I agree with the people; they don't need
any more. They've already got so much going in.
February 12, 2019
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I think that the neighborhood would love to welcome the arts
because everybody can participate in the arts. They can enjoy them.
And then there's different facets. If CAPA would build a center
where Mark Danny can come in and bring his art -- his performing
arts to that area, he's been looking -- he's been looking to work with
CAPA for a long time, that would be great.
The neighborhood doesn't want anything loud and boisterous
and, you know, thundering in there. They would like to enjoy the
beauty of the arts, whether it be visual arts or performing arts. So I
think that they have a lot that they've been counting on working
toward, and all of a sudden it changed, and it kind of knocked the
stuffing out of them, and they didn't even think that anything like that
was going to happen. And last week find out all of a sudden that
there's a plan in place, and I can feel their concern.
Anyway, so right now that's -- oh, there will be more, but right
now that's all I have to say.
CHAIRMAN McDANIEL: Thank you.
Commissioner Solis.
COMMISSIONER SOLIS: Well, I feel obligated just to say a
couple things just because I don't know if my quote in the newspaper
has created some of these -- some of these feelings of there's
something going on that we don't know about.
But, you know, my comment to Brent Batten was exactly that. I
mean, conceptually, this is something that's completely different from
what we've seen before, which wasn't going to work, right? So, I
mean, from that standpoint, I'm glad to see something that's different
than what we kept seeing before, which I didn't -- I didn't think any of
those were going to work.
Secondly, I'm concerned, and I think I've said this every time
that we've talked about this particular property, is that there's
something about the way it's been defined that is problematic not --
February 12, 2019
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for the market; otherwise, we wouldn't be having this conversation.
It would have already been developed. We wouldn't have been
through three RFPs that never went anywhere. And so I really think
that's important.
And, you know, a couple things. Somebody mentioned an arts
assessment. Who is doing the arts assessment for the county?
COMMISSIONER TAYLOR: We are.
COMMISSIONER SOLIS: We're doing -- the county staff is
doing an arts assessment for the county?
COMMISSIONER TAYLOR: Well, we went out for an RFP,
hired a consultant, and there's going to be an assessment of the arts;
really in-depth assessment.
COMMISSIONER SOLIS: But has that RFP already been -- I
mean, have we awarded that yet?
MR. OCHS: The contract hasn't been awarded yet.
COMMISSIONER SOLIS: Okay, okay. But that's something
that we're -- okay. Because, you know, I was curious as -- because
there is -- I didn't even really understand or appreciate how much of
an art kind of an area there is off of Shirley Street and Trade Center
Way.
COMMISSIONER TAYLOR: Oh, yes.
COMMISSIONER SOLIS: And so, you know, that's an area
where arts is already working and, apparently, they had an event the
other night that there was hundreds of people there, from what I
understood. So I'm just concerned that we're trying to fit a square
peg in a round hole to some extent just because of the history of it.
You know, there are so many issues related to this proposal. I
mean, I don't even know. It's not even something that I can comment
on other than to say, well, in a perfect -- I mean, it's something new.
That's a step in the right direction as far as I'm concerned, but, you
know, there would have to be a commitment from the university
February 12, 2019
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other than this -- you know, "we could do this." There's a lot of legs
on this thing.
So, you know, there's a long process for any project going
through and being approved. There's an RFP provision. So I'm not
sure what we're doing other than I'm glad to see something that's a
little out of the box from what we've seen before, and that was the
extent of my comments as to the whole thing, so...
COMMISSIONER FIALA: What did we see before?
COMMISSIONER SOLIS: Well, there's been three RFPs out.
We awarded the Arno property.
COMMISSIONER FIALA: Okay.
COMMISSIONER SOLIS: You know, the ones in the past that
were proposed, none of them were necessarily developed -- I mean,
we haven't had developers beating down the doors to develop this
property.
COMMISSIONER FIALA: Could I respond to that possibly, or
I could just wait my turn?
CHAIRMAN McDANIEL: Well -- and I think it's incumbent
upon us all to remember that this is more informing today than --
(Multiple speakers speaking.)
CHAIRMAN McDANIEL: Conceptual.
COMMISSIONER FIALA: I just wanted to tell them about the
RFPs.
CHAIRMAN McDANIEL: I mean, we're pushing an enormous
amount of time on something that we're going to get to see over and
over again through a lot of public input. And I really, really
appreciate the folks coming here and speaking to us today, but I --
COMMISSIONER SOLIS: Well, I just wanted to clarify that --
because there's comments been made that, you know that there's
something going on and somebody's pushing this. All I can tell you
what, you know, I asked about what I thought about this
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conceptually, and I said, well, conceptually, it looks great, but that's
it, you know. It's --
CHAIRMAN McDANIEL: Follow the course.
COMMISSIONER SOLIS: I like it as a concept. There's a
lot -- the devil's in the details.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I think Andy Solis sort of
stole my thunder there. I think, conceptually, it sounded interesting,
but I did want to make a couple comments.
If we are able to work out something with FGCU on the 11 acres
that's basically wetlands and not the parcel that we would want to
develop anyway, we're not making any commitments on what to do
with the other seven acres. So if -- you know, if the feeling is
1.6 acres for a cultural arts zone is too little, there's 5.4 acres right
above that.
So I think it would be interesting to have staff kind of work out
some information from FGCU on what they really want to do with
this, how it would all work, but that doesn't mean that we're making
any commitments at all what to do with the other seven acres. We
can turn that into, basically, whatever the community wants without
making a decision -- I mean, we'd do that down the road and still
make a decision to move forward with FGCU. So I like the thoughts
that folks will come back with us with other proposals for that
seven acres.
CHAIRMAN McDANIEL: Commissioner Fiala -- are you --
Commissioner Fiala.
COMMISSIONER FIALA: I think, of course, like we've all
said, there's more studying to be going on. This is just the first bite of
the apple, and we didn't even know the bite was coming. I mean, so
we're just kind of -- you know, we've still got to put it in our mouth
and chew it before we figure out what in the heck's going on.
February 12, 2019
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Mentioning the three RFPs, what happened was with -- that was with
CAPA wanting to go into there, right, except that they hired some
developers to try and figure out how to get it. The thing is, somehow
there was a demand for building 240 affordable housing units there,
and they couldn't fit the 240 affordable housing units on the property
and the CAPA performance hall, so they wanted to then move the
performance hall over to Sugden, but that's when the Conservancy --
you all remember that -- Conservancy stepped in and said, you're not
going to build it on private land, you know. That stuff is in preserve.
You're not going there.
The one guy just dropped out. Another guy dropped out right
before then. The one guy tried a little bit harder and couldn't do it, so
that's what killed that stuff. And I understand that. You know,
there's a lot of things going on.
But, anyway, I think that -- I think that we -- if CAPA -- you
know, CAPA hasn't even known about this. If they know that they,
too, could be a part of it, I think we should open it up to anybody and
everybody who wants to come.
I loved what Maurice had to say. Thank you very much. But
then, again, Al had some good stuff to say.
You, Mr. Patch, he had great things to say as well. I think it's --
we can see that there's a lot of interest, which is more than we've had
in a long time, so I think we should pursue it. We've got some good
people out there, especially the people who work on the board, and
we'll have to see what they have to say about all of it. I think that
will be good, too.
I think, most importantly, we want something that will be of
want and need for the community, something that the people who live
there can live with, and at the same time possibly even work at or be
a part of, whether they're selling art equipment or music lessons or
whatever it is. There could be so many things on that property -- or
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an ice cream shop or many other things. I think there's things that
can be done, but now it seems the time is right for everybody to talk
about what they want to do. The good thing is, as far as the
water-quality study, the good thing is we do have stuff going on right
now at Rookery Bay, as they mentioned at the meeting this morning.
That was really good.
And also at the Kapnick Center where somebody just mentioned
they're already studying that, and they're right there on the Botanical
Garden property, so they could just go over to the water's edge,
which is walking over there. So it isn't like it's a big problem to do
that. So I think that that helps us a little bit more, too.
And as far as -- I think Botanical Gardens also need a place for
their people to live. I think Donna has said that she wants places, but
the good thing is, I don't think she realizes all that's being built right
down the street there. It's not ever -- you know, they could ride a
bike over there.
So those are good things that are going on. And I just -- I think
that it was good for us to bring this out, talk about it a little bit. Now
we all have to go back and gather whatever information we can, sort
out what's the best for the community, not only the community of
Bayshore, but all of our community as well. They do have that
wonderful arts district over there on Pine Ridge.
COMMISSIONER SOLIS: Off of Shirley.
COMMISSIONER FIALA: Yeah, and it's great. Actually,
some of the ladies that live over there, one of them -- what do they
call it when they throw the pottery junk? I don't know. There's
something when they do the pottery things. She's down there now
but she lives on Bayshore. And that's -- they would love to have a
place close to home, too. And we don't have anything focused on any
of the arts right now in this area.
So I think that that would be a great benefit, and to the children.
February 12, 2019
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Children excel in arts if they're given an opportunity, and that's
another thing to remember. We could get the kids involved, and
there's lots of schools right in that area.
So I'm hoping that as we -- and I hope everybody gets together
their own little groups and they come up with a solution that they can
bring back to us that's good for everyone. So that's my statement.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah, thank you very much.
Well, as this is my district, I felt it was important to bring it to
you. Commissioner Saunders, you know, your Golden Gate Plan you
brought and, certainly, the master planning for Golden Gate,
Chairman McDaniel. I just felt it was important to bring this
forward.
I think there's a couple things that need to be, again, clarified,
because I heard a little confusion. United Arts Council has been
involved with this project from the get-go. I understand from
Mr. Corban his first call was to United Arts Council, and United Arts
Council represents the art community.
And, frankly, when I came with the RFP to gather information,
Ms. Burns was my first call when she was living in her house, and
her office was out of her house, because I know that she understood
the economy of arts in our community, and that's what this RFP is
about. It's not about building something that is not going to be used
or as a drain on whoever builds it. It's about creating art that will
bring to the economy as well as being self-sufficient. It's very
important.
And part of the concept of this in many conversations was, you
know, artists usually don't -- you know, artists are usually struggling
until they really make it big, and wouldn't it be great to have a visual
arts center where they could show what they're doing but they also
could live very closely in artists' lofts? I mean, there's a lot of ideas
February 12, 2019
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floating around. But arts has always been the foremost part of it.
And let me explain a little bit -- and she's not here so she won't
be embarrassed. Rebecca Maddox is probably the -- as you so well
put it, Mr. Corban, the catalyst for the change in Bayshore. And it's
joked that a long time ago, not too long ago, folks in Port Royal
would bring their boats into Haldeman Creek to scrape the bottoms of
their boats. Now they're bringing their boats into Haldeman Creek to
go to the food truck park, and they did it just recently again.
It is -- she has a vision, and her vision -- I mean, no one has --
she's not just operating a business. She has invested substantial
money in what she's done, and she's done, I think, an outstanding job.
I was speaking at a property owners' association meeting
yesterday in the City of Naples, and I asked -- and it was -- there was
probably 200 people in the room, and it was one area. And I asked,
anybody seen the food truck park? People clapped and cheered.
She's broken all the molds. She's there, and she is the one that's
going to be involved as the developer of the commercial area.
So I'm saying this because she brought -- I think Rebecca has
brought Collier County to Bayshore, and I think the FGCU has the
potential of bringing the world to Bayshore. And it will be unlike
any shopping area, any area in the entire county. No one would be
able to duplicate this. Thank you.
COMMISSIONER FIALA: FGCU is already there.
CHAIRMAN McDANIEL: And I don't want to stop the debate,
but --
COMMISSIONER FIALA: No, that's all I wanted to say.
They're already there.
CHAIRMAN McDANIEL: We've all heard about a lot of
what-ifs and a lot of concerns and suggestions and why not this and
why not that. And there's -- I know for myself -- and I can really,
necessarily, only speak today for myself. And Mr. Corban knows
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what I'm going to say -- because there's a lot more information I have
to have before I can render any kind of an opinion as to how we go
forward.
I concur with my two bookends on the end with regard to this is
a nifty idea. But there's a lot more to it that has to come into play
with --
COMMISSIONER TAYLOR: Absolutely.
CHAIRMAN McDANIEL: -- specificity.
COMMISSIONER TAYLOR: Specificity, there's that word.
CHAIRMAN McDANIEL: To that end, thank you, David.
MR. CORBAN: Thank you. If I can just make one more
comment.
CHAIRMAN McDANIEL: No. No, I'm joking. Go ahead.
MR. CORBAN: You know, a lot of the concerns that people
brought up are things that we have thought about, and I don't think
any of what we're talking about here is an either/or. I don't think the
11 acres is either wetlands resource or an amenity to the community;
I think it's both.
I think -- and I think -- you know, my involvement with this
began with FGCU. That was really my intent. And if it gets -- if the
decision is to separate that out, you know, and do something different
on the other area, that's fine. But I do think -- and the reason that I
got interested in this is that it could solve a whole lot of problems.
You know, it gets a -- and after we made our presentation to the
CRA, the Tindale Oliver study came out, and Tindale Oliver was
hired by the CRA to study the entire Bayshore/Gateway Triangle
district, and they did a special in-depth study of the 17-acre parcel.
And we looked at that after we did this plan, and we basically hit
everything that they're talking about. And that's not by accident.
They're community planners, and we went at this as a plan that
benefits the community.
February 12, 2019
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And I think it's a fine line to try to do something that works for a
for-profit developer and other things that help the community and get
what they done (sic).
And, you know, the reason I brought this forward is because it
seems like it's one that did all these things.
CHAIRMAN McDANIEL: Thank you, sir.
MR. CORBAN: You're welcome.
CHAIRMAN McDANIEL: Appreciate that.
We have no more time-certain items that we're late for, do we?
COMMISSIONER SAUNDERS: No, sir.
CHAIRMAN McDANIEL: Okay.
Item #9B
RESOLUTION 2019-24: AMENDMENTS TO THE GOLDEN
GATE AREA MASTER PLAN (GGAMP) AND RELATED
ELEMENTS OF THE GROWTH MANAGEMENT PLAN (GMP)
FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY (DEO) FOR REVIEW AND
OBJECTIONS, RECOMMENDATIONS AND COMMENTS (ORC)
RESPONSE - MOTION FOR NO TRANSITIONAL
CONDITIONAL USE, ADDING LANGUAGE FOR THE
DEFINITION OF NEIGHBORHOOD CHURCHES AS
SUBMITTED BY THE GOLDEN GATE ESTATES CIVIC
ASSOCIATION AND FOR 3 SEPARATE LAND USE PLANS
(GOLDEN GATE CITY, GOLDEN GATE ESTATES AND
URBAN GOLDEN GATE ESTATES) - ADOPTED
MR. OCHS: Commissioners, we move back now to Item 9B,
and this was an item that was continued from your January 22nd,
2019, board meeting. It's a recommendation to approve proposed
February 12, 2019
Page 131
amendments to the Golden Gate Area Master Plan and related
elements of the Growth Management Plan for transmittal to the
Florida Department of Economic Opportunity. As I mentioned,
again, this is a transmittal hearing.
MR. MILLER: And, Mr. Chairman, we have one registered
speaker for this item.
CHAIRMAN McDANIEL: Thank you, sir. Go ahead.
MR. VAN LENGEN: Good afternoon, Commission, Kris Van
Lengen, Community Planning Manager.
When we last discussed this, you directed a continuation of this
transmittal hearing to today so that we could consider some
recommendations or observations made by the Golden Gate Estates
Area Civic Association. Those observations or recommendations
appear appended to the memorandum -- the last memorandum in your
packet.
It would be after Page 2. So it's the page that's marked
January 16th, 2019, and that's from the Golden Gate Estates Area
Civic Association.
At your request, we took a look at those recommendations.
They essentially boil down to two things. One is they're discussing
the -- one particular recommendation made in the report and in the
transmittal documents pertaining to intersections and how they relate
to conditional uses, and the other is churches, and they want to
transition, apparently, to the idea of neighborhood churches.
So with respect to conditional uses at intersections, it's important
to note that the Golden Gate area is extremely unique in terms of
conditional uses. Uses which are typical of all areas are things like
churches, like daycare, like adult day, congregate care, social clubs.
In the Estates, those same conditional uses are allowed, but
they're only allowed in very, very select areas, and that is they have
to be adjacent to an existing nonresidential use to be a transition from
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that use.
And I think what I'll do is it for illustration, put a map up on the
overhead.
Okay. So ignoring the blue circles just for the moment, I'm not
sure if you can see it. We'd have to maybe zoom into one portion or
another. Maybe toward the bottom there would be a good zoom-in
point.
But what you see there are different colors. The red is
commercial areas, the green shows existing conditional uses, and
yellow are future potential conditional uses. Now, this is just one
portion of the Estates, but as you look at the Estates as a whole,
which is about 55 percent built out, the statistics show that there are
77 conditional uses in existence today. There are 37 eligible
locations for conditional uses in the future. Again, we're only half
built out.
So to be proportional, we think it would be helpful to add some
additional locations, and the locations we point out in those blue
areas are major intersections or future major intersections, those
defined as four-lane roadways intersected with four-lane roadways.
Again, conditional uses are limited to five acres, and that
proportionality should, hopefully, accommodate -- some of the
growing population in the Estates is growing probably faster as a
whole than most other areas.
One thing to keep in mind is that these are eligibility criteria in
the Comprehensive Plan, so this is not to say that at those blue
locations there will be conditional uses. They have to go through the
same public hearing process as any conditional use. Compatibility,
obviously, is one of the big things. When you go through a
conditional-use hearing, you talk about design parameters, setbacks,
height, lighting, parking, and then hours of operation becomes an
issue quite frequently, noise parameters and those types of things.
February 12, 2019
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So, again, this is just eligibility. It is not anything other than
that. We put this in front of the Planning Commission during the
transmittal hearings. They were unanimous in support but with one
caveat, and their caveat was that the -- the locations should be
reviewed at time of conditional use approval to make sure that there
aren't too many of the same types of uses at each intersection, and
that was their one caveat. We put that in the transmittal document
and, therefore, we still recommend that language as recommended by
the Planning Commission.
The other idea brought forward by the Golden Gate Estates Area
Civic Association has to do with neighborhood churches. And
although we don't know exactly what they have in mind or how they
would define that, we certainly would not have an objection to
putting that language in for transmittal purposes if it would be helpful
to bring that forward in an LDC process to get real public input in
terms of what we mean by neighborhood churches as opposed to
churches.
So that's that. I would just simply also remind you that when we
met last at the transmittal hearing, one of the items was the separation
of the sections from -- essentially, we've got a separate goals,
objectives, and policies section for Golden Gate City. We would
separate the Estates into two at your direction, and that might be part
of your motion if you decide that that's appropriate. We'd be happy
to do that, the rationale being probably easier to amend one in the
future as opposed to ferreting out which area of the amendment it
would apply to.
And that's really an administrative function that would be really
nondiscretionary. We can do that before transmitting and bring that
back to you for your review at adoption.
CHAIRMAN McDANIEL: Very good. I have a couple of
things to say, but I think we probably ought to go to the public
February 12, 2019
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speaker. Did you say we had one?
MR. MILLER: One speaker, Mr. Chairman; Mike Ramsey.
MR. RAMSEY: Good afternoon, Commissioners. I am
Michael Ramsey, President of the Golden Gate Estates Area Civic
Association.
The Estates Civic, we still don't agree with this recommendation
in Item 1 of the MOU to transmit that -- transitional conditional-use
criteria should be used at intersections. And here is eight reason
why: Estates Civic believes that the Planning Commission and staff
is trying to make a recommendation without knowledge of the future
transportation impacts and needs within the Estates, now especially
due to the RLSA and RFMUD.
Now, the reason this happens is because transportation demands
and needs are not included within the discussions of the Golden Gate
Master Plan update. That's a separate discussion. So these two are
separated.
Now, I know from all the meetings that I've been to about
transportation, transportation planning, almost every road in Golden
Gate Estates that is considered a major road to feed the transportation
need to the RLSA and RFMUD will be four-laned. That has already
been discussed.
We've already got Vanderbilt Beach Extension coming through
that's going to be four-lane. We've got Oil Well Road that will
continue to be four-laned. Randall will be four-laned. Discussions of
four-laning DeSoto.
So if we implement transitional conditional uses now as it
appears on this map at these existing intersections, this sets a
precedent for the new roads coming, which will lead to us, in our
belief, of creeping development at these intersections.
Now, secondary to this, in conversations, most of my people
believe that we would rather focus on the Randall Curve 47 acres at
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the center of what we think to be our commercial retail area and leave
the rest of the Estates residential.
So we're having a difference of opinion with staff and Planning
Commission because we don't think they understand our area.
So our recommendation is not to approve transitional
conditional issues as it relates to these four-lane intersections because
it sets a bad precedent for us and, second, in regards to that, we'd like
to recommend that we set up a requirement for a visioning process at
the 47 acres with the Estates residents so we can talk about not only
the 47 acres and having that the center of our business retail in our
community, and also the pressure it would take off these other
intersections.
The residents have made it clear they want to have a residential
community with low density and very little commercial retail out
there no matter what the urban planners think. Thank you.
CHAIRMAN McDANIEL: Thank you.
I don't have anybody else lit up, so I'm going to go first. I have
expressed a -- I have expressed a concern similar to what
Mr. Ramsey shared with regard to these transitional conditional use
allowances, and my concern is per the language that I'm reading that
these transitional conditional uses are allowed on a four-lane road
and/or planned four-lane road and then by the MPO's cost-feasible
process.
And I have an issue with a self-amending plan that allows for
uses that no one really has any control over, especially when
residents and the folks that live out there have came out in force -- if
you'll recall, I asked for this issue to be continued last fall, much to
Commissioner Saunders' chagrin, and the neighborhood came out in
force and expressed an issue with these potential expansions of these
neighborhood centers.
There was a time -- there was a time when we thought
February 12, 2019
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expanding them to larger facilities and buffer the daylights out of
them would allow for neighborhood centers to have facilities there
and reduce the impacts on the infrastructure and the like, but that's
certainly not the case as it stands now with the community's wishes.
So I would like to suggest that we not allow for these
transitional conditional uses as per it's currently written and not allow
for a GMP to be self-amending when it's referring to other
organizations and other agencies.
MR. VAN LENGEN: Sure. And some middle ground there.
One thing is, since we will be -- your staff will be updating these
plans every seven years, every 10 years, whatever the case may be,
there may be no rush to get to 2040, which is what the Long Range
Transportation Plan is. We can certainly amend and add these
conditional uses as needed as time goes on. We just thought we
would look ahead.
So to your point, to avoid any self-amending concerns, what we
could do is simply adopt a map that's suitable. It could contain these,
or it could contain less. We could do existing four-lane, which would
be only two of these locations, or we could do the four lanes as
currently projected by Long Range Transportation Plan, which would
be four of those circles on this particular map.
So that's an option. I'm just throwing that out there, if that gives
you any more comfort.
CHAIRMAN McDANIEL: No, it doesn't.
MR. VAN LENGEN: Okay. And I would also just make the
point that the meeting we had in November was about commercial
space. Here we're talking about conditional uses. Very different.
CHAIRMAN McDANIEL: Right. Well, to the novice, the
commercial space rolls right straight into conditional -- conditional
uses roll right straight into commercial space as well. So that's --
that's a large concern.
February 12, 2019
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Now, it's something -- we need to have a discussion, because at
our last meeting the County Attorney -- we went back and forth. This
isn't the end. This is a transmittal hearing. And there is going -- this
hearing -- these suggestions are going to be submitted off to the
DEO, who will then -- the Department of Economic Affairs. Yeah,
DEO.
COMMISSIONER SOLIS: That's correct.
CHAIRMAN McDANIEL: Economic Opportunity, Department
of Economic Opportunity; thank you. There wasn't -- so that's going
off to them. They're going to come back with a response/reply, and
then we go through another set of public processes, back in front of
the Planning Commission, and, ultimately, to us for adoption.
So there is still an opportunity for adjustment whether -- from a legal
perspective, is that okay?
MR. KLATZKOW: Do you want to make it now? I mean, it's a
simple motion: Approve the plan without the conditional uses, and
then you also have the neighborhood church issue, and then you can
send that up to Tallahassee.
CHAIRMAN McDANIEL: Well, I've got three issues. I want
to approve the plan without the conditional use -- the transitional
conditional use allowances. I want to allow for the language of the
neighborhood, the --
MR. KLATZKOW: Church.
CHAIRMAN McDANIEL: -- the church language that was
suggested to be further described in the LDC after we adopt the
Comp Plan. And then, if it is a word because I -- trifurcation. I want
three separate land-use plans.
MR. VAN LENGEN: If that could be part of the motion, that
would be great, and we'd be very happy to do that, and we can
transmit --
CHAIRMAN McDANIEL: I'll make that motion.
February 12, 2019
Page 138
COMMISSIONER SAUNDERS: Could I ask you a question?
CHAIRMAN McDANIEL: Sure.
COMMISSIONER SAUNDERS: We have the -- and I think
that's in your motion, but I just want to make sure. We have the
email from Michael Ramsey that had the language on Page 84 of 118
dealing with the transitional conditional uses and with the churches.
Is that the language that you're -- is that part of your motion?
CHAIRMAN McDANIEL: That is part of my motion -- those
are very specific with regard to those changes. There may be others
that were there. I remember reading when I was -- and I didn't -- in
my -- I'm sorry I didn't mark down where I was at when I was reading
it. I just made my notes up here, and I just remember that I wasn't
happy with the allowance for additional transitional conditional uses
to come in under our MPO's cost-feasible plan set for 25 years from
now. That really caused me a lot of angst, so yes.
COMMISSIONER SAUNDERS: I'll second your motion then.
CHAIRMAN McDANIEL: It's been moved and seconded.
Further discussion, Commissioner Solis.
COMMISSIONER SOLIS: Yeah. One -- I'm just curious.
There's two maps. One is both of Golden Gate Estates, but the first
map that's in the packet, there are a couple of areas where I guess I
don't understand -- well, I mean, the intersection of Pine Ridge Road
and Logan Boulevard, there's an objection to having any kind of
transitional conditional use at that intersection?
CHAIRMAN McDANIEL: Yes. Now, I'm going to say this,
Commissioner Solis. And, you know, I happen to own a home on
Logan Boulevard. I happen to have watched the folks on Logan
Boulevard for a millennia while I lived over there rise up against
commercial development at that particular intersection.
One of the reasons that I'm pressing today for the trifurcation of
Golden Gate Estates into -- or the Golden Gate Master Plan as it
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currently exists into urban Golden Gate Estates, which is west of 951;
Golden Gate City, the four square miles. And I'll let Commissioner
Saunders do whatever he wants to down there; and then Golden Gate
Estates east of 951 is to allow for those folks that are neighbors of
these areas to actually physically have the input, because it may be a
generational change or demographic shift that allows for more
commercial uses in that area at 951 and Logan or, excuse me, Pine
Ridge and Logan.
But I know that the folks in the eastern and the rural area are
going to be looking more towards the RLSA and the RFMUD for
those -- the rural fringe mixed-use district, for those commercial uses
outside of the Estates proper. So that's the reason I'm pushing -- or
I'm asking and suggesting for the -- and I've got a really bad leg
cramp.
COMMISSIONER SAUNDERS: Stand up.
CHAIRMAN McDANIEL: I'm going to in a minute -- for the
trifurcation. I'll be all right.
COMMISSIONER SOLIS: Trifurcation?
CHAIRMAN McDANIEL: Yes. Is that a real word, Terri?
MR. KLATZKOW: It is a real word.
CHAIRMAN McDANIEL: Is it? Outstanding. So is
specificity.
COMMISSIONER SOLIS: Okay. My other issue is -- so the
suggestion is to add a reference to neighborhood churches in this,
although we don't have a definition of what neighborhood churches
are.
MR. KLATZKOW: No, that will -- staff will have to come back
as part of the LDC process to give you what a definition of a
neighborhood church is. I'm sure the Golden Gate people have some
idea what it is.
COMMISSIONER SOLIS: Is that the way this usually goes? I
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mean, it seems like putting the cart before the horse.
MR. KLATZKOW: No. Usually you implement the GMP
through the LDC, so this is an appropriate process.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: And, Commissioners Solis, if I
might, just to suggest, we're -- how far behind are we in the review of
the Golden Gate Master Plan from its last review?
MR. VAN LENGEN: Well, the Planning Commission reviewed
the transmittal document.
CHAIRMAN McDANIEL: I'm talking about --
MR. OCHS: The prior plan.
CHAIRMAN McDANIEL: Yeah, we're way behind.
MR. VAN LENGEN: Oh, 2002 was the last update.
CHAIRMAN McDANIEL: Right. And so having said that, this
is an issue that has gone -- I mean, we've actually had discussions
with the notice processes within Golden Gate Estates only having a
300-foot request (sic), and you only talk to two people. You know,
that school when Commissioner Nance was here that got put in, they
talked to two neighbors to let them know that they were coming out
on Immokalee Road, the charter school. And by the way, the charter
school's doing well. But this is just an advent -- these circumstances
are just advent of a demographic shift and a necessity for us to review
this plan, so --
And what used to be a church, what used to be the perception of
a church is now 24/7 business that's coming in with schools and
activities and daycare and all kinds of things that are not what
necessarily should be or as conducive for a residential neighborhood.
COMMISSIONER SOLIS: And that brings me to the one thing;
if we're going to go ahead and include a reference to neighborhood
churches -- and I understand the reasoning for that -- there's a couple
things in the last few applications for churches that have come
February 12, 2019
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through that have really disturbed me, and one of them relates to
what's going to be allowed in terms of a church providing space for a
group like AA, okay.
And our chairman of our Planning Commission characterized
AA as being -- as an entity that provides rehabilitation services, and it
is not.
CHAIRMAN McDANIEL: By no means is it not (sic).
COMMISSIONER SOLIS: And I'm going to suggest that
without churches, groups like AA or NA or any of those groups that
are essential to a healthy community wouldn't have anywhere to
meet. And I hope that going forward as we define what a
neighborhood church is, that that will be included in something that is
allowed as a neighborhood church.
CHAIRMAN McDANIEL: Very good. Thank you, sir.
Commissioner Saunders, you were still -- was that from before?
COMMISSIONER SAUNDERS: That was from before.
CHAIRMAN McDANIEL: All right. Any other discussion?
We've got a motion and discussion as I put it forth, and I think it
was --
MR. OCHS: Commissioner, I'm sorry. I was asking Kris a
question. The Board may want to know or not, but so these blue
circles wouldn't allow a neighborhood church either, correct, as a
conditional use?
CHAIRMAN McDANIEL: Well, we don't know what the
definition of a neighborhood church is yet.
MR. VAN LENGEN: I think -- sorry.
MR. OCHS: I thought you were removing those as areas for
conditional uses.
CHAIRMAN McDANIEL: We are removing them from the
preapproved GMP amendment process. This is America. Everybody
has the right to come and ask to do with their property as they see fit.
February 12, 2019
Page 142
It just -- if someone wanted to do anything in one of those blue
circles, they would have to do a GMP amendment in advance of that
and get it approved.
MR. OCHS: I understand.
CHAIRMAN McDANIEL: That's my thoughts. You okay with
that?
MR. KLATZKOW: Yeah. I mean, you've got the right for a
conditional use for a church in the Estates now.
CHAIRMAN McDANIEL: Correct.
MR. KLATZKOW: What we're doing is we're not expanding
what you can use for conditional uses in the Estates.
CHAIRMAN McDANIEL: Correct. That's the request.
MR. OCHS: Gotcha.
CHAIRMAN McDANIEL: Very specific.
COMMISSIONER SOLIS: I'm confused. Sorry.
CHAIRMAN McDANIEL: Why?
COMMISSIONER SOLIS: So there's -- so by not approving the
blue circles, it doesn't change anything?
MR. KLATZKOW: It does not affect the churches.
COMMISSIONER SOLIS: It doesn't affect churches? Okay.
MR. KLATZKOW: It's really geared for commercial, the
conditional uses.
COMMISSIONER SOLIS: Okay.
MR. VAN LENGEN: Your motion does include two separate
items -- three separate items. You've got the trifurcation, if you'll
forgive me; you've got the removal of those blue circles as potential
conditional-use locations; third one is we will change the language of
churches to neighborhood churches and define it in the LDC.
MR. KLATZKOW: My understanding, we're using the Golden
Gate Estates Civic -- Golden Gate Estates people, the language they
submitted. That's what we're using.
February 12, 2019
Page 143
CHAIRMAN McDANIEL: And I'm okay with that for now. I
mean, it's going to be reviewed by our staff further. It's going to be
reviewed by the Planning Commission again, and ultimately come
back to us for final adoption.
MR. KLATZKOW: Right. But when -- right now they're going
to be making those changes as requested --
CHAIRMAN McDANIEL: Yes.
MR. KLATZKOW: -- and then transmitting.
CHAIRMAN McDANIEL: For clarity purposes, yes. Clear as
mud?
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. And there you have it.
MR. OCHS: Mr. Chairman, we move now to Item 11B.
CHAIRMAN McDANIEL: You know, should we come out of
order and allow our emergency services folks to go back to work?
COMMISSIONER FIALA: Yes.
MR. OCHS: Very good.
CHAIRMAN McDANIEL: I hope you don't mind unless -- it's
all going to be okay.
Item #11D
February 12, 2019
Page 144
THE PURCHASE OF AN H135T3H HELICOPTER FROM
AIRBUS HELICOPTERS, INC. (“AIRBUS”) WITH HCARE
SERVICE COVERAGE EQUIPPED WITH A MEDICAL
INTERIOR INSTALLED BY METRO AVIATION, INC. (“METRO
AVIATION”), IN THE AMOUNT OF $7,911,299 TO REPLACE
THE CURRENT, LESS CAPABLE 1999 AIRBUS EC 135T1
HELICOPTER, TO EXECUTE THE REQUIRED PURCHASE
AND SERVICE AGREEMENTS, AND TO AUTHORIZE A
BUDGET AMENDMENT IN THE AMOUNT OF $435,700 –
APPROVED
MR. OCHS: That would be Item 11D on your agenda today.
This is a recommendation to approve the purchase of a helicopter
from Airbus Helicopters, Incorporated, with HCare Service coverage
for your EMS system. And Chief Butcher will make the presentation
if you would like one, or respond to questions. Pleasure of the Board.
CHAIRMAN McDANIEL: It's up to the Board. I don't need a
presentation. I have a couple of questions, but --
COMMISSIONER SAUNDERS: Yeah, I had a question. I
don't need a presentation.
CHAIRMAN McDANIEL: So we don't need a presentation.
Just everybody hit their button. There we go; whoever wants to
speak anyway.
Commissioner Saunders, you were first.
COMMISSIONER SAUNDERS: Yep. I just wanted to get
kind of an idea of what type of competitive selection may have been
used to get where you are. I looked at some of the list of prices, and
there were things that were fairly expensive, and I have no way of
judging whether those are reasonable costs or not. So if you could
kind of tell us how you went about getting to this particular point.
February 12, 2019
Page 145
CHIEF BUTCHER: Sure, absolutely.
Well, good afternoon, Commissioners, and thank you very much
for moving us up on the agenda.
For the record, Tabitha Butcher, Chief of EMS.
And if you recall, back at the May 22nd meeting we brought an
item before you to approve single-source waivers for Airbus and
Metro Aviation, and those are the two vendors that we currently use
for our current aircraft that we have. Those were approved.
So with that, we went to negotiations with Airbus to get the
prices for the new aircraft. So those are Airbus prices that they gave
us. We did negotiate with them on some of the training. So training
for pilots was included when it wasn't initially. Those are the costs
for the industry.
I also have Airbus representatives here if you want some more
technical information on those pricing. But that's how we got to
those pricing.
In addition, we did look at other options for providing air service
and, as stated in the executive summary, we feel that this is the best
for our county as well as our citizens and visitors.
CHAIRMAN McDANIEL: You okay with that, sir?
COMMISSIONER SAUNDERS: Yes.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Can you please tell me why we
don't privatize this and what the -- is there a -- do we have any kind
of information that shows the costs?
CHIEF BUTCHER: Sure, absolutely. If you give me a second
to scroll through this PowerPoint, I have a graphic chart for you that
will actually show that.
COMMISSIONER TAYLOR: Thank you.
CHIEF BUTCHER: So what this chart shows -- as I mentioned
earlier, we did look at other options. Collier County has been in the
February 12, 2019
Page 146
air medical business since 1975. We've owned various aircraft
throughout that. We are a nationally accredited system that goes
through rigorous safety and audit checks with the FAA as well as our
accreditation company that we use.
When you're looking at private versus county-run ambulance,
currently we're able to provide search and rescue and firefighter
missions with this proposal of the new aircraft; whereas, typically,
private companies do not do that without additional charges.
The biggest one here is profit first versus service first.
Typically, independent and private companies actually are for-profit
companies. So they're very big into making specific quotas and
specific revenue; whereas, we are service first. If we get a call that
somebody needs to be transported to a trauma facility, that's our main
mission, and that's what we do.
In addition, the private companies typically charge a lot more
since they are profit driven. And you can see from this graph here an
average cost of a private company is, minimally, $20,000; whereas,
we charge about $5,900 with additional mileage. So our average cost
for this county-run service is about $9,000 for a transport.
Most recently, this year we had to request a private company as
mutual aid when our helicopter was down for annual service, and we
had two residents of Collier County that received bills upwards of 40-
to $50,000.
In March 2017, Monroe County was actually using a private air
company, and they actually went back to a county-run service
because citizens were complaining that they were getting $60,000
bills.
So while, you know, it may seem like a savings on the front end
from the county perspective, being that they are profit driven, they do
a lot of inner-hospital transports, so there's a lot of times that they're
out of the area and the aircraft is not available for scene calls. In
February 12, 2019
Page 147
addition, it shifts the cost burden to the citizens by them getting those
$60,000 bills.
COMMISSIONER TAYLOR: All right. Thank you.
CHAIRMAN McDANIEL: I have a question. Two things: If
you would, just -- why did you come to us back last year and ask for
the sole search or sole source, which we did approve? But I'm just
having trouble remembering.
CHIEF BUTCHER: Specifically because, as I said, we've had a
20-year relationship with both of them. A lot of the parts, as well as
the tools that we have in service today, we'll be able to utilize on the
new aircraft; whereas, if we would have went with a different vendor,
we would have had to switch all of that. So in addition to the
purchase of the aircraft, we would have to buy all new services, as
well as the training. Right now if we go with this Airbus product, the
pilots, mechanics will basically get differences training; whereas, a
new manufacturer, they would have had to go through all new
training.
CHAIRMAN McDANIEL: And then the other question -- and
this is just me, and I'm by no means an expert nor do I have any -- I'm
just asking. You know, we've been budgeting a long time to make
this purchase, and there's a budget request for an additional $435,000.
But the way I'm looking at the backup data, there's $650,000 of
additional expense over and above the base price of the unit.
CHIEF BUTCHER: I'm not specifically sure what you're
speaking of on that.
CHAIRMAN McDANIEL: Well, what I'm reading is additional
air frame, air frame equipment, factory installed, these -- the way it
looks to me is these are add-ons. I'm just --
CHIEF BUTCHER: Well, are you referring to the quote that
was in your packets?
CHAIRMAN McDANIEL: Yes. I think I'm referring to that.
February 12, 2019
Page 148
CHIEF BUTCHER: Okay. So that 7.9211 figure is actually the
all-in price. That includes everything. The only additional charge
that we would have would be the annual operating cost for the HCare
agreement, which is our maintenance agreement. Right now we
budget about $160,000 per year for maintenance and parts; whereas,
if we went with this HCare agreement, based on our flight hours, it
would be about $80,000.
CHAIRMAN McDANIEL: And maybe I'm not being clear,
Tabitha -- or Chief, forgive me. I just -- you know, the base price or
the -- the base price of the unit is six million three hundred some-odd
thousand, and then down below -- I'm looking at the actual purchase
agreement that was in our -- was in my backup data, and I total up
about 600-, $650,000 of what I perceived as -- to be as optional items
or additional items over and above the base price. And, again, I'm
just -- you know, external hoist, loud speakers, and a particular type
of seats and those sort of things just seemed -- that's the reason I'm
asking.
CHIEF BUTCHER: Sure. I figured out what you're speaking of
now.
So we receive a base price from Airbus, which actually
constructs the aircraft, and then once Airbus constructs the aircraft, it
goes to Metro Aviation, which is one of the waivers that you
approved, and they do all of the installation of radios, all of -- the
stretcher -- all of the avionics equipment, everything like that, so
that's that additional cost. So that's the all-inclusive price of the
aircraft.
So in mention of the seats, you know, it's just specific types of
seat, like the seat slides, basically, along the patient so we can take
care of the patient and turn towards the patient when we're providing
care. So all of that is actually part of the aircraft. That's basically the
medical package that has to come along to be able to transport those
February 12, 2019
Page 149
patients and care for them properly.
CHAIRMAN McDANIEL: Any other questions?
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the recommendations of staff and the purchase of this
helicopter. All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: There you go. Fly well.
CHIEF BUTCHER: Thank you.
CHAIRMAN McDANIEL: She's all happy because she gets to
drive it.
CHIEF BUTCHER: No, not that extreme.
CHAIRMAN McDANIEL: All right. Now we'll go to 11B.
Item #11B
DEFERING A DECISION (ADDED) ON THE OFFER RECEIVED
FROM REGINALD KREILICH, JONATHAN JENSEN AND
ANDREW PHILLIPS IN THE AMOUNT OF $600,000 FOR THE
PURCHASE OF COUNTY OWNED PARCEL KNOWN AS
RANDALL CURVE, PENDING A FULL REVIEW BY THE
BOARD OF ALL OFFERS RECEIVED ON THIS PARCEL AT
THE APRIL 23, 2019 BCC MEETING - MOTION TO PUT THE
PROPERTY UP FOR SALE THROUGH THE RFI PROCESS FOR
February 12, 2019
Page 150
60 DAYS – APPROVED
MR. OCHS: Yes, sir. This is 11B. It's a recommendation to
defer a decision on the offer received from Mr. Kreilich, Mr. Jensen,
and Mr. Phillips for the purchase of county-owned parcels known as
the Randall Curve pending a full review by the Board of all offers
received on this parcel at your upcoming April 23rd board meeting.
Ms. Toni Mott will present.
MR. MILLER: And, Mr. Chairman, I have two speakers for this
item.
CHAIRMAN McDANIEL: Okay. Do we want -- do you want
to hear the public speakers first?
COMMISSIONER SAUNDERS: Yes. And I think if we're just
deferring this, I think it's fairly easy.
CHAIRMAN McDANIEL: Yeah. Well, I've got a statement I
want to make, if I may. There's going to be an add-on. So let's go
with our public speakers first.
MR. MILLER: Your first speaker is Michael Ramsey. He'll be
followed by John Pelletier.
CHAIRMAN McDANIEL: We're on 11B.
MR. RAMSEY: Again, Michael Ramsey, President of the
Golden Gate Estates Area Civic Association.
Estates Civic believes that this current offer does not present the
best return on investment for the Estates residents as set forth in the
GAC agreement of 1983.
More options are to be explored and evaluated that meet the
standards of the GAC 1983 agreement. Estates Civic believes that
visioning efforts should be undertaken, including Estates residents,
before any action is taken on the Randall Curve 47 acres. Estates
Civic also believes that the Estates can do better on this area than a
bus barn.
February 12, 2019
Page 151
Thank you.
MR. MILLER: Your next speaker is John Pelletier. I hope I'm
pronouncing your name right, sir.
MR. PELLETIER: Yes, very good. Thank you. Close enough.
Hi, Commissioners. My name's John Pelletier, and I live on the
abutting street to this property, Fourth Street Northeast, along with 36
other homes. Thank you.
I personally think this offer is a good indicator. It may not be a
great offer, but it's a good indicator. It does solidify Commissioner
McDaniel's argument that there is interest in the property for use
other than a bus barn, CAT maintenance -- or CAT bus maintenance,
and other proposed industrial uses.
I also think -- I also think that as stated in the executive
summary, should the Board desire, it may direct staff to commence
the competitive procurement process for all interested persons to
participate which, I think, that means put the property on the market.
I agree with this, and I hope you will consider that here.
Today's $600,000 offer has many in Golden Gate Estates talking
about movie theaters, ice cream stores, health clubs, and walking
trails. In other words, pleasant public amenities on this 47-acre
property.
Since the December 11th commissioner meeting, opposition to
the MOU involving land swapping for bus barns has been growing
quickly. Twenty residents on my street alone have met in my house,
which is Fourth Street, and they all are in opposition to the proposed
industrial use.
The petition on change.org titled "Stop the Bus Barn" has been
signed by 350 people in January alone.
A group called Randall Curve Fourth Street Northeast Alliance
has been started on Facebook which is reaching up to 400 people and
has many likes and comments with each post.
February 12, 2019
Page 152
Lastly, I'm concerned that staff has made an effort to bring the
offer to you today, but the residents have heard nothing about
neighborhood informational meetings. We all work hard and long
hours, and we need these meetings to be scheduled well in advance
so the residents can plan ahead.
CHAIRMAN McDANIEL: You've still got 30 seconds if you
want to go.
MR. PELLETIER: Oh, I do have 30 seconds.
Well, I guess they did -- they changed the wording that you are not
going to make a decision today, but I was going to say, with that said,
I ask you to consider these items for discussion. You know, if you
decide to reject the offer, which I know you're not doing today,
officially putting the property up for sale, and, you know, since we
haven't heard about the neighborhood meetings, maybe we can
postpone them a little later than April.
CHAIRMAN McDANIEL: Thank you, John.
MR. PELLETIER: Thank you.
CHAIRMAN McDANIEL: Very good. So with that, it was a
perfect lead-in for where I was wanting to go in the first place. And I
would like to ask if you would indulge me for giving direction to our
staff, as I asked in December, to actually put this property up for sale
on an RFI basis, is what I asked for in December, to determine if
there were any other interests along the way.
I expressed in that December meeting that I knew of one, and
that one has come forward now along with two others. And did you
say there was another one that came in last night?
MR. OCHS: No, that was a new offer on this property.
CHAIRMAN McDANIEL: From the same buyers?
MR. OCHS: From the same buyers, yes.
CHAIRMAN McDANIEL: Okay. From one of those same
three that have already come forward?
February 12, 2019
Page 153
MR. OCHS: Yes. One of those three was just an offer to buy
their land. It wasn't an offer to buy this land.
CHAIRMAN McDANIEL: I understand that. I understand that.
But there -- again, as we go forward with discussion and information
comes along, there seems -- more people find out that property might,
in fact, be available for different uses than what was, in fact, being
proposed.
Commissioner Solis, back in December you made a statement
when I was lobbying for the RFI process that anybody had the right
to come and make an offer for county-owned land, which is, in fact,
true. But if you're told by staff that there's no way your proposal is
actually going to fly, similarly to what we just got done discussing on
the 17 acres and offering that property up for sale, having
communication and conversation allows for the public to have input
and maybe get the highest and best use for what the neighborhood, in
fact, wants.
So with that, I'm glad to hear that staff amended their suggestion
of rejection of this offer. I had said that yesterday, that I didn't want
it rejected. It may -- it may die a natural death, because I think the
term on the contract is for Friday without a positive response. So it
could -- this contract could, in fact, die with no action from this
board.
But I didn't think the rejection sent a good message to the
community with our potential responses.
MR. OCHS: Do we need to talk about the new offer?
MS. MOTT: For the record, Toni Mott, Real Property
Management.
The sales contract that is submitted for today's meeting under
11B, those same -- that same party submitted a new additional sales
contract last night in the amount of a million dollars.
The terms of that contract are we need to --
February 12, 2019
Page 154
CHAIRMAN McDANIEL: We don't need to hear about that
just yet, other than I'm happy to hear that. And, again -- because I
think it's staff's recommendation to come back to us in April.
MR. OCHS: I'm just wondering when that offer expires.
MS. MOTT: The 25th of February.
MR. OCHS: So it will die on its own.
MS. MOTT: So that also will die on its own.
CHAIRMAN McDANIEL: Well, there's certainly no way that
that offer could have ever gotten to us and been any kind of a public
process for review. What I -- and, again, I'm going to take my
County Commissioner hat off for a second and put on my real estate
broker hat and suggest that we reach out to these interested buyers --
they are certainly interested because they've actually come back
again -- and let them know with specificity what our processes are
and what we're planning on doing, just to let them know and share
that we are appreciative of their efforts.
MS. MOTT: We have done that.
CHAIRMAN McDANIEL: Okay.
MS. MOTT: We just wanted to let them know that we had
planned on bringing everything back as a full package in April.
CHAIRMAN McDANIEL: Right. And sometimes, you know,
in the real world time frames for buyers and sellers can't be met
which will cause -- which will cause an arrangement to fail just
because of semantics.
So how do you all feel about my -- I'm going to make a motion
that we do put the property up for sale on an RFI.
COMMISSIONER FIALA: I'll second it for discussion.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we do an RFI process for -- and I would -- for clarity
purposes, for 60 days -- because that carries us till the April -- when
you're coming forward with all of the -- with all of the current offers?
February 12, 2019
Page 155
MR. OCHS: Yes. April 23rd was the schedule.
CHAIRMAN McDANIEL: Okay. So 60 days is my suggestion
for the RFI.
COMMISSIONER SOLIS: I mean, I'd like to suggest that -- I
mean, part of this whole conversation relates to the collocation of a
facility with the school district which makes it more efficient,
theoretically, for the taxpayers. I mean, should we have some input
from the district or -- because it's going to affect them as well if this
deal doesn't go through.
CHAIRMAN McDANIEL: And I'm going to say this,
Commissioner Solis: The school district has been engaged in this
process from an exchange standpoint for some of their holdings with
regard to the potential of this site being utilized as a location for their
school bus barn, but that wasn't really, that -- that really wasn't
brought through the public process as far as taking it out to the
neighbors and talking to the people that live in that area, and we
really can't do that until an MOU is struck and we actually have an
agreement with the school district and any of the other potential users
that could be on that site.
CAT bus was another potential suggested use. And we really
can't have that discussion with them until that agreement's, in fact,
done. And there's no harm in actually offering the property up for
sale and then we, in April, can consider all of those uses, including
that written agreement with the school district that effectuates that
exchange.
I know the preliminary site plan showed a fire station, so there's
another agency that needs to -- potential fire station that needs to be
engaged as well. We're really not detracting from everything that we
already agreed to do. We're just actually formally letting the world
know that we're in the marketplace for sale. That's my only rationale
for asking that.
February 12, 2019
Page 156
MR. CASALANGUIDA: Commissioner, could I get a little
clarification if this goes? Because I guess the land has a couple
intrinsic values.
One as-is, Estates zoned, two-and-a-half acres lots, and one
would be highest and best use, you know, and I've got our staff taking
a look at that. And if you put out an RFI, I think you want to at least
request that the people that are going to put in for this understand
what they're purchasing, because if it is with the intent to purchase
and rezone the property, similar to Bayshore/Gateway, then the value
would be much different than an as-is, where-is, you know, proposal.
That's why I think you're getting offers of 600,000 or a million
dollars and asking you to close quickly.
CHAIRMAN McDANIEL: Right. Well -- and if we were --
and just -- and as a topic of discussion for point of clarification, if we
were to offer the property up for sale, someone could come and offer
us more. Our internal appraisal hit this for 3-point something?
MS. MOTT: Three million 525.
CHAIRMAN McDANIEL: Three million 500-some-odd
thousand dollars. And someone could come and make us an offer
predicated upon rezoning and offer us that.
MR. CASALANGUIDA: Understood.
CHAIRMAN McDANIEL: Predicate their offer similarly to
what we did at the Triangle piece. But without putting it out there at
all, we're just -- we're just having people throwing darts.
MR. CASALANGUIDA: And I think the difference, which
helps staff for clarification, would be do you want them to present a
package of what they want to do with the property. What we did
with Bayshore/Gateway is we said, these are the things we'd like to
see and, you know, bring something forward that kind of meets that
criteria, and then the Board evaluated those. Or do you want it wide
open, highest and best use?
February 12, 2019
Page 157
CHAIRMAN McDANIEL: And I'm going to say this with
regard to the Bayshore property. I put my real estate broker hat on,
Commissioner Fiala, and I didn't agree with this. I don't think
Commissioner Taylor did either. But there were a lot of stipulations
that were put on that RFI by the CRA when we put that 17 acres up
for sale. I expressed the -- I remember telling the story, you have this
group of purchasers that are out here that are this wide, and the more
restrictions you put on an offer for sale, you reduce that amount of
suspects that could potentially buy your property, because of --
because of restrictions put on from a seller's capacity.
So my suggestion would be open. We know that there's one
offer that's a letter of intent at this stage that actually contemplates an
exchange of already zoned commercial property along with cash. We
just don't know how much yet. We don't know what the valuations of
those two are.
And so how can -- so if we any -- I would prefer that we just
offer it up for sale, open marketplace. If the gentleman that made the
offer at six now went to a million, want to come with more predicated
upon rezoning, we'll entertain that at the same time. Similarly for an
exchange.
MR. CASALANGUIDA: So from as-is to highest-and-best-use
offer is wide open?
CHAIRMAN McDANIEL: Absolutely, and at that stage we
have actually covered the entire gamut, and we'll be able to hear from
the public. If the folks that live in that close proximity wanted to stay
residential, then we can actually give that due consideration as well.
MR. CASALANGUIDA: So you'd be asking for both
contingent and noncontingent offers based on that parameter?
CHAIRMAN McDANIEL: Any and all offers.
MR. CASALANGUIDA: Okay. Understood.
CHAIRMAN McDANIEL: That would be the way I would
February 12, 2019
Page 158
prefer we handle it, but I'm one of five.
COMMISSIONER SOLIS: Is that --
CHAIRMAN McDANIEL: I do have a motion and a second.
COMMISSIONER FIALA: My light's been on for a long time.
CHAIRMAN McDANIEL: Oh, I'm sorry, Commissioner Fiala.
I moved you to the top. Now you're at the top.
COMMISSIONER FIALA: Okay, thank you.
Just a couple questions. The bus barn was really, really
important to the schools, and to the kids in the area and to the school
system. That's an important thing. However, it is -- it happens, just
like on Bayshore the 17 acres, this is a choice piece of land.
And somebody came up here -- I don't know who it was.
Somebody came up here from the Golden Gate Estates area and said
it would make a perfect place where you could put all of your shops
and things that we won't have in the middle of the Estates. This will
give us that opportunity to have places to go, places to shop, things to
do, and -- but there's only one piece of that property, and there you
are.
And I'm thinking, you know, there's possibly areas -- I always
try and find a way that you can compromise. There's got to be other
places in that area where they could put a bus barn but probably not a
lot of places to put a central Golden Gate Estates shopping area. I
don't know.
But that's -- that would be something I would consider, which is
why I seconded your motion, because I think that that would -- you
know, they should be given the opportunity to -- a few people to bid
on it and see what they can come up with.
CHAIRMAN McDANIEL: Thank you.
That brings up a really good point, and that is there's a lot of
different potentials for this particular site. There is a lot of -- as you
know, Commissioner Saunders, there's already a lot of commercially
February 12, 2019
Page 159
zoned land across the street in front of Orangetree that's not being
used.
COMMISSIONER FIALA: Oh, really?
CHAIRMAN McDANIEL: Yes.
If I'm not mistaken, Ms. Toni, there's close to a million -- maybe
you don't know the exact square footage, but there's close to a million
square feet of approved zoned land for commercial development
that's not currently being utilized.
The preliminary site plan, in staff's defense, which I don't
regularly do, but the preliminary site plan actually shows commercial
up along on the front of Immokalee Road as a portion of this
particular use along with the municipal uses of the bus barn, CAT bus
barn, and the like.
So -- but I think we, as the decision-makers, should have as
much information as we possibly can to be able to weigh the pros and
cons and the positives and negatives out there.
MR. CASALANGUIDA: So, Commissioner, if I understand,
because we're working with a real estate team, we're still going to
work with the abutter and the school, bring a package, we're going to
take the offers and come back in April, and everything we get, we'll
bring to the Board with the pros and cons, and then you'll make that
final decision in April where you'd like to go.
COMMISSIONER FIALA: How much acreage do they actually
need for a bus barn? Because, I agree with that, they do need to build
one. And, let's face it, there's so much more growth going out there
than we could ever imagine, and they've got all the schools, and
they're building another school. So they do need a bus barn. And is
there some kind of land -- I don't know how many acres you need for
a bus barn or anything. But is there something in that area that we
could shop at or whatever?
MR. OCHS: Yeah, there may be alternatives. We'll cross all
February 12, 2019
Page 160
those T's and I's dotted as we move along.
CHAIRMAN McDANIEL: So with that, there's been a motion
and a second to -- are you okay with the RFI for 60 days? It's been
moved and seconded. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: We will take a -- how many
minutes do you want?
COMMISSIONER FIALA: Forty-seven.
CHAIRMAN McDANIEL: Forty-seven minutes? Ten minutes.
We'll be back at 3:10; 12, how about that?
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN McDANIEL: We caught Commissioner Saunders
talking.
Item #11C
CWS RESOLUTION 2019-25: ACCEPTS THE PLAN OF
FINANCE TO FUND UTILITY INFRASTRUCTURE
EXPANSION IN THE NORTHEAST SERVICE AREA, AND (2)
APPROVES A REIMBURSEMENT RESOLUTION REGARDING
REIMBURSEMENT OF EXPENDITURES RELATING TO THE
CONSTRUCTION OF WATER, WASTEWATER AND
February 12, 2019
Page 161
IRRIGATION WATER UTILITY INFRASTRUCTURE TO THE
USER CAPITAL FUNDS PRIOR TO RECEIPT OF REVENUE
BOND PROCEEDS – ADOPTED
MR. OCHS: Commissioner, we're on to Item 11C. This is a
recommendation for the Board, sitting as the acting ex-officio
governing board of the Collier County Water District, to accept a
plan of finance to fund the utility infrastructure expansion in the
northeast service area and to approve an associated reimbursements
resolution, and Mr. Ballone is ready to make a full presentation or
respond to questions from the Board at the pleasure of the Board.
CHAIRMAN McDANIEL: I'm thinking you took longer
reading that than we're going to vote.
COMMISSIONER TAYLOR: Oh, I don't know about that.
MR. OCHS: That's the plan.
COMMISSIONER FIALA: Is that for 11C?
CHAIRMAN McDANIEL: Do you want a presentation,
Commissioner?
COMMISSIONER FIALA: I'll make a motion to approve.
COMMISSIONER TAYLOR: No.
COMMISSIONER SOLIS: And I'll second it.
COMMISSIONER SAUNDERS: I'll call for the vote.
COMMISSIONER TAYLOR: Just because it's $85 million,
maybe a little discussion here. So just -- this is -- this is, I
understand, guaranteed because of the income you're going to get
from the ratepayers, right? Is that the way that works?
MR. BALLONE: Commissioners, for the record, Joe Ballone,
Director of Financial Operations for Public Utilities.
Commissioners, this is a 20-year bond in an amount not to
exceed 85 million. We have a construction estimate for
approximately 78 -- 77, 78 million dollars. On top of that we have
February 12, 2019
Page 162
bond covenants. There's reserves that we have to keep on hand for
that, which we want to take out of the bond proceeds, as well as
closing costs. So that's why --
COMMISSIONER TAYLOR: Oh, that's the differentiation.
MR. BALLONE: -- there's a $77 million cost -- construction
estimate and 85- as a maximum to cover those other costs.
COMMISSIONER TAYLOR: Okay. All right. So that
makes -- that makes a lot of sense.
And then, based on -- understanding it's going to be used in
other areas, but basically the area that we're using this in is the
RLSA; is that correct?
MR. BALLONE: Yes, Commissioner, in the northeast service
area, which --
CHAIRMAN McDANIEL: Northeast service area; that's very --
COMMISSIONER FIALA: It's for the park there, too, right?
Corkscrew?
COMMISSIONER TAYLOR: Orangetree.
CHAIRMAN McDANIEL: It's for the park, it's for the Rural
Fringe Mixed-Use District, that area -- service-area expansion that we
did last year is what this plant is specifically going to do and then,
ultimately, this plant's going to be tied into all of our other two plants
along the way.
COMMISSIONER TAYLOR: No, it's a very good -- I'm not
questioning the plan. I mean, this is --
CHAIRMAN McDANIEL: Okay.
MR. OCHS: These are the areas, Joe, if you'd identify them.
MR. BALLONE: Okay. The northeast utility facilities would
be located on that property that we own adjacent to the park, and the
brand-new recycling center that opened a few months ago. It will
serve two developments, two anticipated developments to the north,
the Immokalee Road Rural Village, which was formerly known as
February 12, 2019
Page 163
the 846 Land Trust, Immokalee -- oh, I'm sorry, the Immokalee Road
Rural Village, Hogan Island Village to the north, and then two
developments to the east which would be what used to be Rural
Lands West and has now gone through several iterations. It's now
called River Grass Village and Hogan --
MR. OCHS: Hyde Park.
MR. BALLONE: Hyde Park Village is the one that would be
the first online. We've got an availability letter -- service availability
letter on file with them that we would have service to them in May of
2021.
COMMISSIONER TAYLOR: Good. All right. Good. Thank
you.
CHAIRMAN McDANIEL: Any other discussion?
(No response.)
CHAIRMAN McDANIEL: It's been moved and seconded. All
in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. Thank you, Joseph.
MR. BALLONE: Thank you, Commissioners.
CHAIRMAN McDANIEL: Who put that hat up there?
MR. BALLONE: Nick. Oh, I'm sorry. I did. Thank you.
MR. CASALANGUIDA: Leo did it to me when the Cubs won,
so fair play.
COMMISSIONER SAUNDERS: We would have done the
same thing if Alabama had won the national championship.
February 12, 2019
Page 164
MR. OCHS: Roll tide.
Item #11E
AN AGREEMENT FOR INVITATION TO BID #18-7486,
“CARICA PUMP STATION WATER MAIN IMPROVEMENTS,”
PROJECT NUMBER 70129, TO ANDREW SITE WORK, LLC, IN
THE AMOUNT OF $1,466,456, AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT – APPROVED
MR. OCH: Okay. Moving right along to Item 11E. This is a
recommendation to approve a contract award for the Carica Pump
Station Water Main Improvements in the amount of $1,466,456, and
authorize the required budget amendment. Mr. Chmelik can answer
questions or make a presentation. Pleasure of the Board.
COMMISSIONER SOLIS: I'll move for approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded. Any
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: Very good presentation, sir.
MR. CHMELIK: Thank you, Commissioners.
CHAIRMAN McDANIEL: Far better than Joseph's.
February 12, 2019
Page 165
MR. OCHS: That's true.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that moves us to our Item 15,
staff and commission communications.
I have just two quick things: One is your standard reminder of
upcoming workshops. You can see you have them booked for
March, April, and June at this point.
And the other thing, Commissioners, I had a letter that came
through my office addressed to Commissioner McDaniel from the
League of Women Voters requesting that a resolution that they
support be placed on a future agenda.
It has to do with -- well, I'll just read their draft resolution, and
it's a resolution stating the preference and will of the Collier County
Board of County Commissioners to have the children of this
community treated as children when they break Florida law, so -- and
the idea was that they wanted you to urge the legislative delegation to
adopt some legislation that would require a fitness hearing before a
juvenile court judge for all prosecution of children under the age of
18 and require those children prosecuted as adults be held in juvenile
facilities only.
And, you know, that's a real policy issue, and I didn't want to put
that on the Board agenda without first getting some consensus about
whether the Board wants to entertain that type of a resolution.
CHAIRMAN McDANIEL: Nor did the Chair want to accept
that letter as a request, so that's the reason why you're hearing about it
now.
COMMISSIONER FIALA: How do the attorneys feel?
February 12, 2019
Page 166
COMMISSIONER SOLIS: I'm not even sure what it means.
That the resolution -- can you explain that again, Leo, just so I'm
clear on the --
COMMISSIONER TAYLOR: It's hard to see that, Leo. If you
could make it a little bit larger.
COMMISSIONER SOLIS: But, I mean, isn't -- there's always
some determination by --
COMMISSIONER TAYLOR: There you go.
COMMISSIONER SOLIS: -- the Court as to --
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: -- whether or not a juvenile can be
charged as an adult.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: At least I'm assuming that. I
actually don't know that for a fact, but I would assume.
MR. KLATZKOW: The resolution's asking that all juveniles be
treated as juveniles.
COMMISSIONER SOLIS: I think we're wading into possibly
procedure and all sorts of stuff that's outside of anything that we
would be charged with.
COMMISSIONER SAUNDERS: I would agree that this is not
really our area of expertise.
CHAIRMAN McDANIEL: You know -- and one of the
suggestions, when I actually read this, Commissioner Saunders, is the
Public Safety Commission that you now are the liaison for that meets
with the prosecutors, the public defenders, the judges, the Sheriff,
those are folks that should be talking about this.
And if they were to make a recommendation to us and saying
that this was an idea, then I'd be a little more inclined to lean that
way. So maybe we could bring it up to them if it's timely enough. I
don't know if they're asking for this to be able to push the legislature,
February 12, 2019
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but --
MR. OCHS: Yes, they are.
COMMISSIONER SAUNDERS: I think they know what
they're doing. I don't think they need us to bring this to their
attention. I mean, that would be my position.
COMMISSIONER SOLIS: I agree.
CHAIRMAN McDANIEL: Okay. So we'll send --
COMMISSIONER TAYLOR: So it's a no.
CHAIRMAN McDANIEL: -- them a nice "thank you" but, no,
we're not going to do that.
MR. OCHS: Thank you. That's all I have, Mr. Chairman.
CHAIRMAN McDANIEL: Okay. County Attorney?
Yeah, I was going to go there.
County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN McDANIEL: How about our clerk?
CLERK KINZEL: No, thank you. Great day with the students,
though. I really enjoyed that.
CHAIRMAN McDANIEL: Wasn't that fun?
CLERK KINZEL: They came over to our office and met with a
judge after being in the boardroom, and --
CHAIRMAN McDANIEL: And I'm sorry. When I introduced
Leo as our CEO, I forgot to introduce you as our CFO.
CLERK KINZEL: No, no apology necessary. We had a great
discussion with them, and hopefully some of them will come back as
interns and employees.
CHAIRMAN McDANIEL: Yeah.
CLERK KINZEL: So very productive.
CHAIRMAN McDANIEL: Commissioner Solis?
COMMISSIONER SOLIS: Nothing other than to congratulate
you on running a very good meeting with some very difficult issues.
February 12, 2019
Page 168
CHAIRMAN McDANIEL: Well, thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Good night.
CHAIRMAN McDANIEL: Are you ready to go home?
Commissioner Saunders.
COMMISSIONER SAUNDERS: Quick question. Who is
going to Tallahassee next week for the --
CHAIRMAN McDANIEL: (Raises hand.)
COMMISSIONER SAUNDERS: There's a meeting -- I'm not
going to be able to make that meeting. But there's a meeting on
Thursday, the 21st, at 2 p.m. with the Florida Department of Veterans
Affairs to talk about the veterans nursing home, and so I just wanted
to --
CHAIRMAN McDANIEL: I believe it's on my calendar.
COMMISSIONER SAUNDERS: It's on the calendar.
COMMISSIONER SOLIS: I think so, yeah.
COMMISSIONER SAUNDERS: And I may try to -- I may try
to call in. I'll talk to Mr. Mullins about the possibility of participating
via telephone. But if I'm not able to, I just want to thank you guys for
pushing that issue along --
CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER SAUNDERS: -- with the Florida
department.
CHAIRMAN McDANIEL: I think it is on our calendar for
our --
MR. OCHS: It is. Both Commissioner McDaniel and
Commissioner Solis are scheduled to attend along with Lisa Hurley
and John and Commissioner Saunders, if he can, maybe by phone,
would be great.
COMMISSIONER SAUNDERS: If that can be set up, that
would be great.
February 12, 2019
Page 169
And then the only other thing, I mentioned to the County
Attorney House Bill 3 is a preemption of local government
regulation, and we may want to just alert -- I'm sure our lobbyists
know about it. But this seems pretty Draconian in terms of what it
may do.
COMMISSIONER SOLIS: What is that?
COMMISSIONER SAUNDERS: It's a preemption of local
regulation, just -- I'll read a little bit of the title.
COMMISSIONER TAYLOR: Across the board for everything,
right?
CHAIRMAN McDANIEL: Basically.
COMMISSIONER SAUNDERS: It says, prohibits local
governments from imposing or adopting new regulations on
businesses or business entities on or after a specified date. You
know, there's no telling what we might need to do down the road, and
that would prohibit that.
Specifies that certain regulations expire and may not -- and may
only be adopted or continue to be imposed after meeting specified
criteria.
So it's just a vehicle for preempting local government regulation
of business. I think the genesis of this is probably local governments
that are prohibiting the sale of plastic straws, for example, or plastic
shopping bags and things like that. But those are areas where we
may need to have some conversation at some point.
I just think we should take a position in opposition to that after
we get some information about what it is.
COMMISSIONER SOLIS: The zoning ordinances, to some
extent, regulate the businesses, too. I mean --
CHAIRMAN McDANIEL: Correct. I mean -- and that's one of
the concerns we have to -- we have to be aware of is there are some
municipalities, local municipalities that don't act right on a regular
February 12, 2019
Page 170
basis, and so those in the state have taken it upon themselves for local
preemption to take over those non-appropriate activities, and we end
up getting caught in the crossfire of a local issue that's going on in
another part of the state, so...
And just -- the globalness of my first shot at that read was -- as
Commissioner Solis said, it could flow over into a lot of other things,
so...
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I wonder if we could get
some information on a possible stoplight. I know that's a frightening
sound. But some kind of way to allow the folks from Isles of Collier
to make a left-hand turn and head into -- so head west on 41. They
are able to go to the right, but they're having -- and I've heard this for
about a year now.
MR. CASALANGUIDA: We can have our traffic ops folks
look to see if it's close to a warrants study. But it's -- one, it's on
U.S. 41, so DOT would approve the traffic signal, and it follows a
very strict criteria. So how about we give you just a little background
and a memo, and then you could go from there.
COMMISSIONER TAYLOR: Okay. Thank you. That's fine.
Thank you.
CHAIRMAN McDANIEL: It's an act of Congress.
COMMISSIONER TAYLOR: I know.
CHAIRMAN McDANIEL: I've got friends that live down
there, and we've talked about it. We talked about it two years ago.
And there's an issue. There's no argument that there's an issue. They
can't get across, and it's --
COMMISSIONER FIALA: See, with Treviso Bay, they're
being neighbors next door. And if one had it, it would slow the other
one down, but they wouldn't give any to -- even after all of the
multitude of accidents in front of Treviso Bay, and I think they had a
February 12, 2019
Page 171
death also, and still no lights.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: Okay. We'll get that information
to them anyway. Thank you.
CHAIRMAN McDANIEL: Anything else?
COMMISSIONER TAYLOR: No, that's it.
CHAIRMAN McDANIEL: Commissioner Taylor -- or Fiala,
you had one more thing?
COMMISSIONER FIALA: Yeah. I was just going to say a big
thank you to the League of Women Voters on -- I know we said a
little bit before, but the League of Women Voters and 4-H
organization, they did a great job bringing these kids in. The kids
were great. They seemed to be interested in everything we're doing.
I was proud that all of us were represented there. That was a good
thing, too. Not only us, but the old man, too -- I mean Leo, too. It
was a good thing.
And I also was thrilled to see so many people from Bayshore.
They don't -- you know, the regular people on Bayshore, they don't
come out, but they even came today and even came up to the podium
to voice their concerns or positions, and so that was great. I think
we've had a good meeting, even though some people didn't agree
with me. I don't want to mention any names.
COMMISSIONER SOLIS: That's rare.
COMMISSIONER FIALA: Yeah, right. I don't know that there
ever was one.
CHAIRMAN McDANIEL: I have one suggestion or question
I'd like to ask.
Commissioner Taylor and I attended a seminar at the University
of Florida a couple of weeks ago. It was hosted by our colleague,
Commissioner Nance, and there were three scientists that came --
COMMISSIONER TAYLOR: IFAS, IFAS. It was IFAS. He
February 12, 2019
Page 172
was a moderator, but it was IFAS that did it.
CHAIRMAN McDANIEL: At the University of Florida, the
IFAS --
COMMISSIONER TAYLOR: He didn't host it, though.
CHAIRMAN McDANIEL: No, I understand that.
COMMISSIONER TAYLOR: Okay. You said it. Start again.
CHAIRMAN McDANIEL: Okay. IFAS. It's at the University
of Florida's IFAS center on the north side of Immokalee, and it was
Dr. Kelly that -- Kelly Morgan that put on the -- put on the -- stay
with me here, because I need you to hear this.
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: There were three scientists that
came and gave presentations there, and then we left that, and then
there was a communication from the agricultural industry, huge
industry here in Collier County, and then we left that and came to our
workshop that we had in regards to fertilization bans, positives and
negatives, and the like.
And I would like to -- and I don't want to just take up your time,
but if -- there was so much information coming at us with regard to
red tide and algal blooms and human impact on pollution and the
like. I found these scientists to be very, very informative. They were
relatively speak -- I felt, relatively speaking, brief. They were pushed
to be brief, I have to say that. But I would like for that information to
be shared here. And before I went and invited them, I wanted to first
find out how you felt about it, Commissioner Taylor, and then see if
maybe there's something we could do to bring that information
forward.
COMMISSIONER TAYLOR: Well, I mean, that's very good
information. I don't see a problem with it. We've had Mote Marine
here -- you know, last year we had Mote Marine come down with
Army Corps of Engineers and also South Florida Water Management
February 12, 2019
Page 173
for the town hall we had in August when it was really -- when the red
tide was really hitting our beaches. It may be time for a new look at
it.
One of the things that struck me with all this debate about red
tide and blue/green algae is the people who live in the Everglades,
and that's the Miccosukee, and they have, for years, taken water
samples and have monitored where they live to the point with the
federal government uses their data.
And so I thought it might be an idea to hear from them also --
CHAIRMAN McDANIEL: Sure.
COMMISSIONER TAYLOR: -- in terms of their point of view
of what is going on in their home and what they see as the solutions
for that.
So, you know, there's no reason why they can't. But you know
what I found fascinating about that IFAS seminar was what they
talked about with agriculture and what we could be doing as a state
and what we're not doing. And I think I would -- if we're going to do
the IFAS, I'd like to bring that forward, too, because, clearly, there's a
great deal of unfairness.
CHAIRMAN McDANIEL: Yes. There was three parts to that.
There was one with regard to the algal blooms that we're all knowing
about, one regarding red tide, and then one regarding the economic
impacts of competition, NAFTA, fair trade regulations, and the like.
And with your indulgence I'll work with the County Manager
and whip up a presentation no more than 45 minutes or so, have these
doctors come in. There's PowerPoint presentations. And it will
help -- I think, personally, it will help us manage the information
that's coming at us.
I don't know how you-all felt, but during that -- during that
workshop, there was an enormous amount of politics and emotion
sitting in that audience.
February 12, 2019
Page 174
COMMISSIONER FIALA: Workshop, we're talking about
fertilizer?
CHAIRMAN McDANIEL: The fertilizer workshop, yes. And
there was an enormous amount of emotion espoused by the public
speakers. And so I think it would be prudent for us to -- and not that
these folks are the beginning and the -- are the beginning and the end,
but it would be wise for us to receive some additional information
from some scientists.
COMMISSIONER FIALA: I thought it was fascinating the one
guy -- I don't remember what his name was or anything, but when he
was talking about -- you know, we've all heard and read over and
over and over now the red tide begins in the middle of the Gulf of
Mexico, and he kind of just reaffirmed that it's not the fertilizer that's
causing the red tide, and we can't do anything about it with fertilizer.
But he did confirm that the sugar companies do cause the algae.
That's why we don't see any down here, I would guess. And I
thought that that was --
CHAIRMAN McDANIEL: There's a lot of opinions -- there's a
lot of opinions with regard to that, and that one of the scientists that
we heard from -- and that's where I want to -- I want to -- we had a
fellow come and speak to us that was with a not-for-profit
organization that was -- do we have to go? You're pointing at the
clock.
COMMISSIONER SAUNDERS: No, I was pointing at --
COMMISSIONER TAYLOR: The cup.
CHAIRMAN McDANIEL: I gotcha.
The long and -- I just want us to be getting our information from
science and not emotion --
COMMISSIONER FIALA: We thought we were getting --
CHAIRMAN McDANIEL: -- and not politics.
COMMISSIONER FIALA: -- scientists there.
February 12, 2019
Page 175
CHAIRMAN McDANIEL: There was just science in that
fertilizer -- in that fertilizer workshop. That's why I'm asking --
COMMISSIONER FIALA: There wasn't any?
CHAIRMAN McDANIEL: There was some, but it wasn't all
just science.
COMMISSIONER FIALA: How do you know?
CHAIRMAN McDANIEL: The second speaker that was
brought in by our staff was a representative of a not-for-profit, the
organization of -- the name of the organization escapes me at the
moment. Do you recall?
MR. OCHS: No, sir.
CHAIRMAN McDANIEL: But he's not a scientist.
COMMISSIONER FIALA: Okay. Was he the professor?
CHAIRMAN McDANIEL: No, no. So the --
COMMISSIONER FIALA: Do you have an investment in the
sugar farms?
CHAIRMAN McDANIEL: No, I don't have an investment in
the sugar farms.
What I have an investment in is correct, plausible information
that isn't politically or emotionally oriented. And when I sat through
that workshop, I watched the folks that were sitting out here and
people squirming and disagreeing with what was being said based
upon information that's derived from media sources sometimes that --
COMMISSIONER FIALA: Well, that's the problem. So many
times the media spreads things that evade the truth a little bit.
CHAIRMAN McDANIEL: So having said all that, that's my
thought, and I'm -- everybody's kind of saying okay?
COMMISSIONER TAYLOR: All right. Let me just add
something to the mix. I've been appointed to the water committee
that is a special committee set up by FAC, and so I'll be going up to
Tallahassee in March. So I will be bringing information back here.
February 12, 2019
Page 176
There's 36 of us at this committee. And so I'm excited because we're
meeting with -- we're meeting with the officials in Tallahassee in
March.
CHAIRMAN McDANIEL: Good. Outstanding.
COMMISSIONER TAYLOR: Yep.
CHAIRMAN McDANIEL: Outstanding.
COMMISSIONER TAYLOR: So I will try to keep everybody
apprised of things. I will.
CHAIRMAN McDANIEL: Good. Thank you. And with that,
we are adjourned.
**** Commissioner Taylor moved, seconded by Commissioner Solis
and carried that the following items under the Consent and Summary
Agendas be approved and/or adopted ****
Item #16A1
AN EASEMENT USE AGREEMENT (AGREEMENT) FOR LOT
34, AVIANO AT NAPLES, ACCORDING TO THE PLAT
THEREOF AS RECORDED AT PLAT BOOK 43, PAGES 67
THROUGH 71 OF THE PUBLIC RECORDS OF COLLIER
COUNTY – DUE TO A POOL ENCLOSURE LOCATED ALONG
THE NORTH PROPERTY LINE OF THE HOUSE ON THE
SUBJECT PROPERTY THAT ENCROACHES 4.8 INCHES INTO
A 20-FOOT LAKE MAINTENANCE EASEMENT LOCATED
ALONG THE NORTHERN PROPERTY LINE
Item #16A2
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR MY OTHER PLACE III,
February 12, 2019
Page 177
PL20180002685, AND ACCEPT UNCONDITIONAL
CONVEYANCE OF A PORTION OF THE POTABLE WATER
UTILITY FACILITIES – LOCATED AT 16145 PERFORMANCE
WAY OFF OF OLD 41 ROAD JUST SOUTH OF THE
COLLIER/LEE COUNTY LINE
Item #16A3
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASE 10A,
PL20170002559 AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO
THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT – FINAL INSPECTION WAS
CONDUCTED ON JANUARY 2, 2019 WHICH FOUND THE
FACILITIES TO BE SATISFACTORY
Item #16A4
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR 16000 INDUSTRIAL CENTER,
PL20160001602, 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 $10,895.88 TO THE PROJECT ENGINEER
OR THE DEVELOPER’S DESIGNATED AGENT – LOCATED
OFF OF OLD 41 ROAD, SOUTH OF THE COLLIER/LEE
February 12, 2019
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COUNTY LINE
Item #16A5
RESOLUTION 2019-19: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF VANDERBILT COMMONS,
APPLICATION NUMBER PL20150000968 WITH THE
ROADWAY AND DRAINAGE IMPROVEMENTS BEING
PRIVATELY MAINTAINED; ACCEPTANCE OF THE PLAT
DEDICATIONS, AND AUTHORIZING THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A6
RECORDING THE FINAL PLAT OF ISLES OF COLLIER
PRESERVE PHASE 13, (APPLICATION NUMBER
PL20180002844) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY – PROJECT LOCATED WITHIN THE SABAL BAY
MPUD
Item #16A7
THE ACQUISITION OF THREE DRAINAGE, ACCESS AND
MAINTENANCE EASEMENTS BY COLLIER COUNTY FOR
THE MAINTENANCE OF A PORTION OF THE GOLDEN GATE
MAIN CANAL. ESTIMATED FISCAL IMPACT: $5,200.
(PROJECT #60194) – PROPERTY OWNED BY BEAR’S PAW
COUNTRY CLUB, NWNG GOLF, LLC AND NAPLES
February 12, 2019
Page 179
MULTIFAMILY II DST (ORCHID RUN APARTMENTS, LLC)
BEGINNING AT LIVINGSTON ROAD AND EXTENDING WEST
ACROSS THREE PROPERTIES FOR A TOTAL DISTANCE OF
APPROXIMATELY 9,100 FEET
Item #16A8
WORK ORDER TO BONNESS, INC., FOR CONSTRUCTION OF
THE “IMMOKALEE ROAD AT VALEWOOD DRIVE AND
OAKES BOULEVARD INTERSECTION IMPROVEMENTS”
PROJECT IN THE AMOUNT OF $295,794.72 (PROJECT
#60016.29) - EXTENDING THE EXISTING EASTBOUND LEFT
TURN LANE FROM IMMOKALEE ROAD ONTO VALEWOOD
DRIVE, PROHIBITING WESTBOUND LEFT TURNS FROM
IMMOKALEE ROAD ONTO OAKES BOULEVARD
Item #16A9
THE CLERK OF COURTS TO RELEASE A CASH BOND IN THE
AMOUNT OF $40,800 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (AR-12808) FOR WORK
ASSOCIATED WITH NAPLES MOTORCOACH RESORT –
LOCATED OFF OF US 41, EAST OF COLLIER BOULVEARD
Item #16A10
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $8,205.37 FOR PAYMENT OF $1,105.37
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. PENTECOSTAL CHURCH
February 12, 2019
Page 180
OF GOD, CODE ENFORCEMENT BOARD CASE NO.
1999071503 RELATING TO PROPERTY LOCATED AT 630 W.
MAIN STREET, COLLIER COUNTY, FLORIDA – FOR CODE
VIOLATIONS CONSISTING OF INTERIOR ALTERATIONS
MADE WITHOUT THE PROPER PERMIT; BROUGHT INTO
COMPLIANCE ON JANUARY 25, 2001
Item #16A11
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $1,588,637.89 FOR PAYMENT OF $450
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. JEAN CLAUDE MARTEL,
CODE ENFORCEMENT BOARD CASE NO. 2006081112
RELATING TO PROPERTY LOCATED AT 3176 KAREN DR.,
COLLIER COUNTY, FLORIDA - THE PROPERTY WAS
BROUGHT INTO COMPLIANCE ON AUGUST 25, 2015,
BEFORE THE PROPERTY WAS PURCHASED BY THE NEW
OWNERS ON NOVEMBER 8, 2018, AS THEY WERE
UNAWARE OF THE VIOLATIONS
Item #16A12
THE RELEASE OF CODE ENFORCEMENT LIENS WITH A
VALUE OF $719,202.05 FOR PAYMENT OF $9,631.29 IN THE
CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF
COUNTY COMMISSIONERS V. TERRY DILOZIR, CODE
ENFORCEMENT BOARD CASE NOS. CENA20120018018,
CEPM20130004774, CENA20130012648, CEPM20130018213,
CENA20130018218, CESD20130018223, CENA20130019701,
AND CENA20140009060 RELATING TO PROPERTY LOCATED
February 12, 2019
Page 181
AT 5322 CATTS STREET, COLLIER COUNTY, FLORIDA – THE
PROPERTY WAS PURCHASED ON AUGUST 29, 2018 AND
BROUGHT INTO COMPLIANCE BY THE NEW OWNER
Item #16A13
THE RELEASE OF FIVE CODE ENFORCEMENT LIENS WITH
AN ACCRUED VALUE OF $1,307,982.30 FOR PAYMENT OF
$13,032.30 IN THE CODE ENFORCEMENT ACTIONS
ENTITLED BOARD OF COUNTY COMMISSIONERS V. JEAN
CLAUDE MARTEL, CODE ENFORCEMENT BOARD CASE
NOS. 2000070505, 2007030338, 2007080353, CEPM20090015533,
AND CENA20100009616 RELATING TO PROPERTY LOCATED
AT 3190 KAREN DR, COLLIER COUNTY, FLORIDA - THE
PROPERTY WAS BROUGHT INTO COMPLIANCE BEFORE
THE PROPERTY WAS PURCHASED BY THE NEW OWNERS
ON NOVEMBER 8, 2018, AS THEY WERE UNAWARE OF THE
VIOLATIONS
Item #16A14
THE 2019 SCHEDULE FOR SUBMITTALS TO AMEND THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN (GMP),
AS ALIGNED WITH THE FLORIDA STATUTES, AND TO
APPROVE EXEMPTIONS FROM THE SCHEDULE – AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16B1
FIRST AMENDMENT TO THE APPROVED GRANT
AGREEMENT BETWEEN THE CRA AND RESIDENTIAL
February 12, 2019
Page 182
OPTIONS OF FLORIDA (ROOF) TO EXTEND THE
CONSTRUCTION START DATE, AFTER THE FACT, FOR
RENOVATIONS TO A SINGLE-FAMILY HOME TO
ESTABLISH INDEPENDENCE PLACE, LOCATED IN THE
IMMOKALEE COMMUNITY REDEVELOPMENT AREA –
EXTENDING THE GRANT CONSTRUCTION START DATE BY
123 DAYS GIVING THEM 213 DAYS TO START THE
CONSTRUCTION OF THIS PROJECT AND ALLOW FUNDS TO
BE REIMBURSED
Item #16B2
AN AGREEMENT WITH FLORIDA POWER AND LIGHT TO
INSTALL SIX STREETLIGHTS ALONG LINWOOD AVENUE IN
THE BAYSHORE GATEWAY TRIANGLE CRA (BGTCRA) AND
AUTHORIZE THE CHAIRMAN TO SIGN – FPL WILL PROVIDE
THE FIXTURES AND INSTALLATION AT NO COST TO THE
BGTCRA, PROVIDED THE LIGHTS ARE IN PLACE FOR TEN
YEARS. IF THE BGTCRA TERMINATES THE AGREEMENT
EARLIER, THE BGTCRA WILL BE RESPONSIBLE FOR A
PRORATED COST ASSOCIATED WITH FPL’S INSTALLATION.
YEARLY COST FOR THE SIX STREETLIGHTS ESTIMATED
AT $710
Item #16C1
AWARD INVITATION TO BID NO. 18-7455, “PLUMBING
CONTRACTORS,” TO GATOR DRAIN AND PLUMBING LLC,
AS THE PRIMARY CONTRACTOR, AND BC PLUMBING
SERVICE OF SOUTHWEST FLORIDA, INC. AS THE
SECONDARY CONTRACTOR, FOR COUNTY-WIDE ON-
February 12, 2019
Page 183
DEMAND PLUMBING CONTRACTOR SERVICES
Item #16D1
AN AFTER-THE-FACT GRANT REQUEST TO THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RECREATIONAL TRAILS PROGRAM, FUNDING IN THE
AMOUNT OF $250,000 TO DESIGN, PERMIT, AND INSTALL
OUTDOOR FITNESS STATIONS ALONG THE TRAIL AT
CONNER PARK – GRANT SUBMISSION DEADLINE WAS
FEBRUARY 1, 2019
Item #16D2
AN AFTER-THE-FACT CONTRACT AMENDMENT AND
ATTESTATION STATEMENT BETWEEN THE AREA AGENCY
ON AGING FOR SOUTHWEST FLORIDA, INC. (AGENCY) AND
COLLIER COUNTY SERVICES FOR SENIORS TO EXTEND
THE OLDER AMERICANS ACT (OAA) PROGRAMS GRANT
PERIOD THROUGH FEBRUARY 28, 2019. (NO FISCAL
IMPACT) - COLLIER COUNTY RECEIVED THE CONTRACT
EXTENSION ON DECEMBER 14, 2018, FROM THE GRANTOR
AGENCY, AND IS REQUIRED TO RETURN IT WITHIN
THIRTY (30) DAYS
Item #16D3
APPROVAL OF THE STATE HOUSING INITIATIVE
PARTNERSHIP (SHIP) PROGRAM EXPENDITURE
EXTENSION FOR FY2015/2016 THROUGH MAY 30, 2019
February 12, 2019
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Item #16D4
A BUDGET AMENDMENT TO ACCEPT AND APPROPRIATE
RESTRICTED DONATIONS TOTALING $10,000 TO SUPPORT
THE REPLACEMENT OF THE EAST NAPLES BRANCH
LIBRARY CARPET
Item #16D5 - Continued to the February 26, 2019 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO AUTHORIZE EXPENDITURES FOR
SUBSCRIPTIONS TO FLIPSTER, DISCOVERY SERVICE,
NOVELIST PLUS, AND NOVELIST SELECT, PROPRIETARY
SOFTWARE OFFERED THROUGH EBSCO INDUSTRIES, INC.
(EBSCO), FOR LIBRARY PATRON USE IN AN AMOUNT NOT
TO EXCEED $150,000 PER FISCAL YEAR, AS BUDGETED,
THROUGH FY2021
Item #16D6 - Continued to the February 26, 2019 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO AUTHORIZE EXPENDITURES FOR
THE SUBSCRIPTION TO HOOPLA STREAMING SERVICE
FROM MIDWEST TAPE, LLC (MIDWEST TAPE) FOR
LIBRARY PATRON USE IN AN AMOUNT NOT TO EXCEED
$200,000 PER FISCAL YEAR, AS BUDGETED, THROUGH
FY2021
Item #16D7
APPROVAL OF THE SELECTION COMMITTEE’S RANKING
February 12, 2019
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AND AUTHORIZING STAFF TO NEGOTIATE CONTRACTS
WITH QUALITY ENTERPRISES USA, INC., CAPITAL
CONSULTING SOLUTIONS, AND NR CONTRACTORS, INC,
RELATED TO REQUEST FOR PROFESSIONAL SERVICES
(RPS) #18-7490 “DESIGN BUILD CONTRACTORS FOR
COLLIER COUNTY BUS SHELTERS” – FOR DESIGN AND
CONSTRUCTION OF BUS STOPS WITH SHELTERS AND
AMENITIES AND/OR BRING EXISTING STOPS INTO ADA
COMPLIANCE TO BETTER SERVE THE PASSENGERS
Item #16D8
AUTHORIZING THE NECESSARY BUDGET AMENDMENT TO
PARKS BOATER IMPROVEMENT CAPITAL, BAYVIEW PARK
EXPANSION PROJECT #80311 IN THE AMOUNT OF $53,000
TO INCLUDE ON STREET PARALLEL PARKING – LOCATED
ON DANFORD STREET IN EAST NAPLES
Item #16E1
ACCEPTING THE DEBARMENT DETERMINATION MADE BY
THE PROCUREMENT SERVICES DIVISION PLACING
BRADANNA, INC. IN A DEBARRED STATE FOR A PERIOD
NOT TO EXCEED THREE (3) YEARS – DUE TO A GUILTY
ADJUDICATION ON SEPTEMBER 18, 2018, FOR TWO
SEPARATE THIRD DEGREE FELONY CHARGES OF
“UTTERING A FORGED INSTRUMENT”
Item #16E2
AWARD INVITATION TO BID (ITB) #19-7522 “FLEET
February 12, 2019
Page 186
VEHICLES” TO TAMIAMI FORD, INC. FOR THE PURCHASE
OF VEHICLES NEEDED TO SUPPORT COUNTY OPERATIONS
Item #16E3
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL – FOR TWO (2) CHANGE ORDERS THAT
MODIFIED CONTRACTS BY $96,477.35 AND TWO (2) AFTER-
THE-FACT MEMOS WITH A FISCAL IMPACT OF $15,475.51,
WITH NO AMENDMENTS FOR THIS PERIOD
Item #16F1
APPROVAL OF TOURIST DEVELOPMENT TAX PROMOTION
FUNDS TO SUPPORT EIGHT UPCOMING MARCH AND APRIL
2019 SPORTS TOURISM EVENTS UP TO $49,450 AND MAKE A
FINDING THAT THIS EXPENDITURE PROMOTES TOURISM –
PROMOTING THE SOUTHERN TROPICS PICKLEBALL EVENT
TAKING PLACE ON MARCH 8-10, 2019 AT EAST NAPLES
COMMUNITY PARK; THE ALLIGATOR ALLEY BASEBALL
EVENT TAKING PLACE ON APRIL 5-7, 2019 AT NORTH
COLLIER REGIONAL PARK, VETERANS PARK AND GOLDEN
GATE PARK; THE ADIDAS SPRING CLASSIC – FLORIDA
FIRE TAKING PLACE ON APRIL 27-28, 2019; NATIONAL
JUNIOR USTA L3 TAKING PLACE ON MARCH 23-25, 2019 AT
NAPLES BATH & TENNIS CLUB; USTA NATIONAL SINGLES
CLAY COURT CHAMPIONSHIP TAKING PLACE ON MARCH
29-31, 2019 AT THE NAPLES BATH & TENNIS CLUB; AND
THE USTA DOUBLES CLAY COURT CHAMPIONSHIPS
February 12, 2019
Page 187
TAKING PLACE ON APRIL 5-7, 2019 AT NAPLES BATH &
TENNIS CLUB
Item #16F2
APPROVAL OF THE SPONSORSHIP AGREEMENT BETWEEN
COLLIER COUNTY AND SPIRIT PROMOTIONS FOR THE
2019-2021 US OPEN PICKLEBALL CHAMPIONSHIPS AND
MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM -
THE AGREEMENT COVERS THE 2019, 2020 AND 2021 US
OPEN PICKLEBALL CHAMPIONSHIPS AND OUTLINES
THREE PAYMENT INSTALLMENTS TOTALING $345,000
Item #16F3
RESOLUTION 2019-20: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2018-19 ADOPTED
BUDGET
Item #16F4
REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY –
BUDGET AMENDMENT #19-231 - COVERING
ADMINISTRATION EXPENSES FOR SERVICES FOR SENIORS
(FUND 123) AND BUDGET AMENDMENT #19-247 – FUNDS
NEEDED FOR RUNWAY AND TAXIWAY MARKING AT
MARCO ISLAND EXECUTIVE AIRPORT (FUND 495)
February 12, 2019
Page 188
Item #16F5
AWARD RFP NO. 18-7456 “WEBSITE SERVICES” TO MILES
PARTNERSHIP, LLLP (ANNUAL FISCAL IMPACT $299,880)
AND MAKE A FINDING THAT THIS ITEM PROMOTES
TOURISM
Item #16J1
AN INTERLOCAL AGREEMENT FOR ELECTION SERVICES
FOR THE APRIL 2, 2019, CITY OF NAPLES SPECIAL
ELECTION - THE COLLIER COUNTY SUPERVISOR OF
ELECTIONS WILL SUBMIT AN ITEMIZED BILL TO THE CITY
OF NAPLES TO BE PAID TO THE COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS FOR SERVICES RENDERED
Item #16J2
AN AGREEMENT AUTHORIZING THE COLLIER COUNTY
SHERIFF’S OFFICE TO HAVE TRAFFIC CONTROL
JURISDICTION OVER PRIVATE ROADS WITHIN THE NAPLES
RESERVE SUBDIVISION
Item #16J3
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 JANUARY 10, 2019 AND
JANUARY 30, 2019 PURSUANT TO FLORIDA STATUTE 136.06
February 12, 2019
Page 189
Item #16J4
BOARD APPROVAL AND DETERMINING A VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF FEBRUARY 6, 2019
Item #16J5
AUDIT REPORT 2019-1 JOB CREATION INVESTMENT
PROGRAM: ARTHREX AND ARTHREX MANUFACTURING –
REPORT AVAILABLE ELECTRONICALLY ON THE CLERK OF
COURTS WEBSITE
Item #16K1
RESOLUTION 2019-21: APPOINTING PHILIP ARNOLD AND
CLINT CUNY (BOTH TO 2 YEAR TERMS) AND VINCENT
FANTEGROSSI, NANCY KOEPER AND PAMELA A.
MARSHAL (TO 4 YEAR TERMS) TO THE VANDERBILT
WATERWAY MUNICIPAL SERVICE TAXING UNIT
ADVISORY COMMITTEE
Item #16K2
RESOLUTION 2019-22: RE-APPOINTING KAYDEE TUFF WITH
TERM EXPIRING DECEMBER 21, 2021 TO THE GOLDEN
GATE COMMUNITY CENTER ADVISORY BOARD
Item #17A
February 12, 2019
Page 190
RESOLUTION 2019-23: RENAMING BREEZE COURT TO
JUSTIN’S WAY. THE SUBJECT STREET IS LOCATED SOUTH
OF CALUSA AVENUE, JUST WEST OF AIRPORT-PULLING
ROAD, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA. [PL20180002683] – THE
PROJECT NAME WAS ALSO CHANGED FROM BREEZE AT
CALUSA TO JUSTIN’S VILLAGE
February 12, 2019
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:34 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIA _I TRICTS UNDER ITS CONTROL
6.e) #°, 00,A
WL' LIAM L. McDA7 IEL, JR., CHAIRMAN
ATTEST:
CRYSTAL K. KINZEL, CLERK
•
%ts:Ss as to Chairman s
J.ratur only.
These minutes approve y the Board on 3//2-) L9 , as
presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 191