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Agenda 04/09/2019 Item #2C04/09/2019 COLLIER COUNTY Board of County Commissioners Item Number: 2.C Item Summary: March 12, 2019 BCC Meeting Minutes Meeting Date: 04/09/2019 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 03/27/2019 1:43 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 03/27/2019 1:43 PM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 03/27/2019 1:44 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/09/2019 9:00 AM 2.C Packet Pg. 11 March 12, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 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 March 12, 2019 Page 2 MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN McDANIEL: Good morning, everyone. Commissioner Solis rolls in right on time. We'll give him a moment to establish his whereabouts. And if you will please rise. And we're going to have the invocation by Beverly Duncan of Naples United Church of Christ. Item #1A INVOCATION BEVERLY DUNCAN OF NAPLES UNITED CHURCH OF CHRIST – INVOCATION GIVEN REVEREND DUNCAN: Good morning. Let us pray. Holy spirit of love, thank you for this day. Be with these commissioners and participants today. The burdens of leadership and decision-making can be made that much lighter with hearts and minds of generosity. Surround them and lift them, for their work is your work, and it matters to so many. As everyone here proceeds into this meeting, may they do so honoring those who have come before them and those who will come after. With thankfulness, we pray that it may be so. Amen. CHAIRMAN McDANIEL: Commissioner Taylor, will you lead us today? COMMISSIONER TAYLOR: I would be honored. (The Pledge of Allegiance was recited in unison.) MR. OCHS: Good morning, Mr. Chairman and Commissioners. CHAIRMAN McDANIEL: Good morning. MR. OCHS: These are the proposed changes for the Board of County Commissioners' meeting of March 12, 2019. March 12, 2019 Page 3 Item #1B MOTION ALLOWING COMMISSIONER SAUNDERS TO PARTICIPATE TELEPHONICALLY DUE TO EXTENUATING CIRCUMSTANCES – APPROVED CHAIRMAN McDANIEL: Before we go on there, do we want to acknowledge Commissioner Saunders, who's on the phone? Do we want to -- I think we have to have a vote on that. MR. OCHS: Yes, you do, Mr. Chairman. You need a motion for Commissioner Saunders to join the meeting by telephone -- CHAIRMAN McDANIEL: I assume he's close. MR. OCHS: -- due to extenuating circumstances, yes. COMMISSIONER FIALA: Is he on there? MR. OCHS: Yes. CHAIRMAN McDANIEL: If he isn't, he will be. I was informed by David that he's got the number and all that, so I'll entertain a motion if it's our desire. COMMISSIONER TAYLOR: So moved. COMMISSIONER FIALA: Yeah, and second. CHAIRMAN McDANIEL: It's been moved and seconded that we allow Commissioner Saunders, or permit Commissioner Saunders to participate by phone today. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: (No response.) CHAIRMAN McDANIEL: Opposed same sign, same sound. March 12, 2019 Page 4 (No response.) CHAIRMAN McDANIEL: So moved. And if you're here, Commissioner Saunders, good morning. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman, Commissioners. Can you hear me okay? CHAIRMAN McDANIEL: Yes. COMMISSIONER TAYLOR: Good morning. CHAIRMAN McDANIEL: Good morning. COMMISSIONER SAUNDERS: Great. Thank you. Thank you. CHAIRMAN McDANIEL: Okay. Now we go into the agenda, and – 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 (COMMISSIONER SOLIS ABSTAINED FROM VOTING ON THE ITEM #16A6) MR. OCHS: Thank you, Mr. Chairman. The first proposed change is to withdraw Item 16A19 from your consent agenda at the staff's request. This was a lease for a meeting location. That meeting date and location has been revised, so there's no need to move forward on this particular item this morning. And we have a series of time-certain hearings for today's meeting. The first item to be heard at 9:30 a.m. is Item 11A. That's your March 12, 2019 Page 5 2020 budget policy discussion. That item will be heard -- excuse me -- Item 11B will be heard, then, immediately following Item 11A. This is a discussion on your Northeast Service Area Waste Wastewater Treatment Plant project. Item 9A, which is a related item to 11B, will then be heard immediately following 11B. And, finally, 11C, a discussion of your fire assembly base charge rate will be heard at 10:40 a.m. Those are all the changes I have, Mr. Chairman. CHAIRMAN McDANIEL: That's a rather constrained time-certain agenda. We're going to see how good you are this morning. MR. OCHS: Yes, sir. Only as good as my commission. COMMISSIONER FIALA: Oh, good one. COMMISSIONER TAYLOR: Well done. That was very good. CHAIRMAN McDANIEL: And so with that, Commissioner Saunders, we'll go to you first for any adjustments and/or ex parte to the agenda. COMMISSIONER SAUNDERS: Yeah, no ex parte and no changes to the agenda. CHAIRMAN McDANIEL: Outstanding, thank you. Commissioner Solis. COMMISSIONER SOLIS: No ex-parte, although I do have a conflict on 16A6. The final plat approval for La Morada, and I won't be voting on that on the consent agenda. COMMISSIONER FIALA: No additions, no corrections, and no ex parte. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: No ex parte, and just a note on -- I just had it here. Right here, on 16B3, I support the termination of this lease, but I would like to have a discussion, County Manager -- March 12, 2019 Page 6 CHAIRMAN McDANIEL: Before we go there, I've got an idea on that. There is a public speaker with regard to that, and my thoughts were that we -- because I actually have a note on it as well. I support the pulling of it, and I have some suggestions. And I would like to entertain us moving it up and having a brief discussion during our regular meeting. COMMISSIONER TAYLOR: That's fine. CHAIRMAN McDANIEL: If that's okay. COMMISSIONER TAYLOR: That's fine, yes. MR. MILLER: Mr. Chairman, just FYI. I now have two speakers on that item as well. CHAIRMAN McDANIEL: Okay. COMMISSIONER TAYLOR: All right. So then no ex parte and no changes to the agenda, no additions. Thank you. COMMISSIONER FIALA: What agenda number was that? I'm sorry. CHAIRMAN McDANIEL: 16B3. MR. OCHS: Mr. Chairman, that will become Item 11 -- excuse me. That will become Item 14A under your Community Redevelopment Agency. CHAIRMAN McDANIEL: Very good. And with that, other than that adjustment -- MR. OCHS: I'm sorry. I have to correct myself. It's 14B. I stand corrected. CHAIRMAN McDANIEL: Okay. 14B, correct? MR. OCHS: Yes. CHAIRMAN McDANIEL: 14B? MR. OCHS: Yes. CHAIRMAN McDANIEL: And with that, I have no ex parte nor any other adjustments to the agenda. So I'll call for a motion of the approval of today's agenda. March 12, 2019 Page 7 COMMISSIONER FIALA: Motion to approve the agenda. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve today's agenda. 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 we are. There must be a little bit of a time delay for the sound to get over there. COMMISSIONER SAUNDERS: Yeah. I said aye. March 12, 2019 Page 8 Item #2B MINUTES FROM THE FEBRUARY 12, 2019 BCC/REGULAR MEETING – APPROVED AS PRESENTED CHAIRMAN McDANIEL: Let's go on with our approval of the minutes, 2B. COMMISSIONER TAYLOR: So move. COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve the minutes from February 12th. 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: So moved. So there you go. Item #4 PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A PROCLAMATION DESIGNATING MARCH 12, 2019 AS GENTLE'MEN AGAINST DOMESTIC VIOLENCE DAY IN March 12, 2019 Page 9 COLLIER COUNTY. ACCEPTED BY LINDA OBERHAUS, COLIN ESTREM, JOHN JORDAN, AND BOB CAHNERS – ADOPTED MR. OCHS: Mr. Chairman, that moves us to your proclamations this morning. First item is 4A. This is a proclamation designating March 12, 2019, as Gentle'men Against Domestic Violence Day in Collier County. To be accepted by Colin Estrem, John Jordan, and Bob Cahners. If you'd please step forward and receive your proclamation. (Applause.) MR. OCHS: Step forward and greet the Commission. COMMISSIONER TAYLOR: I'm sure it's coming. CHAIRMAN McDANIEL: I wasn't wearing green today. I'm wearing purple. COMMISSIONER FIALA: Good one. CHAIRMAN McDANIEL: It was quite interesting that we did this. Who's the recipient of the proclamation? Outstanding. (Applause.) MR. ESTREM: My name is Collin Estrem, and I serve as the current chair of Gentle'Men Against Domestic Violence, an initiative of the Shelter for Abused Women and Children. And we would like to thank the Commission for recognizing the significance of Gentle'Men Against Domestic Violence Day. In 2017 there were nearly 1,800 domestic violence calls to 911 in Collier County. That's 200 more than the previous year. These calls represent nearly every neighborhood in our community. In 2008 a group of like-minded men founded the GAVD calling on men to stand as equal partners with women to end domestic violence and human trafficking in Collier County and beyond. March 12, 2019 Page 10 Our goal is to empower men to end all forms of violence against women by educating ourselves and the community, raising awareness and creating social change. We call on men to examine and challenge their own thoughts about gender and be a role model of gentleness. If you are a parent or guardian, educate and reeducate your sons and other young men about our responsibility in ending domestic violence. Challenge traditional images of manhood that stop us in future generations from actively taking a stand to end domestic violence -- violence against women and girls. On this day and every day we call on men to stand with us and recognize that violence against women is not the responsibility of women. And the violence will not end until men become a part of the solution to end it. Men must take an active role in creating cultural -- a cultural and social shift that promotes equality and no longer tolerates violence based on gender. And I'd like to give a special thank you to the men on the Commission: Chairman McDaniel, Commissioner Solis, Commissioner Saunders, and Sheriff -- also Sheriff Rambosk for supporting our 250 Men and More Campaign. I was personally overwhelmed by the support we got from Collier County, and I'm proud to be a part of this community. Thank you. (Applause.) CHAIRMAN McDANIEL: Thank you. COMMISSIONER FIALA: Did you notice that the Sheriff has on a purple tie today? (Applause.) CHAIRMAN McDANIEL: And so does Nick. Did you do that on purpose, or are you just wearing a pretty tie? Yes. March 12, 2019 Page 11 COMMISSIONER FIALA: Oh, I didn't even notice that. Is Linda still here? COMMISSIONER TAYLOR: Yes. CHAIRMAN McDANIEL: Do you want to speak briefly, Linda, about our new shelter for a moment? MS. OBERHAUS: Sure. CHAIRMAN McDANIEL: If you just would indulge, please. There's something pretty exciting going on that a lot of folks probably don't know about. MS. OBERHAUS: For the record, Linda Oberhaus, CEO, Shelter for Abused Women and Children. We are going to be breaking ground this season on a 21,000-square-foot shelter in Immokalee to serve both victims of domestic violence and human trafficking. (Applause.) MS. OBERHAUS: So it will be a 64-bed shelter. It's going to take about a year to build. We're still in the middle of a capital campaign. So anyone in the community interested in joining us to helping -- help support that capital campaign, we'll certainly appreciate it. Thank you. CHAIRMAN McDANIEL: Thank you so much, Ms. Linda. (Applause.) Item #4B PROCLAMATION DESIGNATING MARCH 16, 2019 AS SAVE THE FLORIDA PANTHER DAY IN COLLIER COUNTY. ACCEPTED BY AMBER CROOKS AND JOSEPH ACAMPORA – ADOPTED March 12, 2019 Page 12 MR. OCHS: Item 4B is a proclamation designating March 16th, 2019, as Save the Florida Panther Day in Collier County. To be accepted by Amber Crooks and Joseph Acampora. If you'd please step forward. (Applause.) COMMISSIONER McDANIEL: Good morning. My name is Amber Crooks, and today I'm here on behalf of the Friends of the Florida Panther Refuge. And I want to thank you for recognizing Save the Florida Panther Day. The State of Florida as well as the county has recognized the third Saturday in March to highlight this species as part of our Florida ecosystem and as our state's official mammal. The Florida Panther is an umbrella species, and so by protecting the Florida Panther, we are also protecting many other species as well as lands important to humans. This day is celebrated at the Florida Panther National Wildlife Refuge here in Collier County which is located at State Road 29 and I-75 with an open house on Saturday, March 16th, from 10 a.m. to 2 p.m., followed by an evening barbecue hosted by the Friends of the Florida Panther Refuge from 3 to 6. Open house will host free events from orchid wet walks to swamp buggy tours and other educational opportunities and activities in Florida Panther Habitat, including areas that are not normally accessible by the public. So thank you for recognizing Save the Florida Panther Day, and we hope to see everybody out at the refuge this weekend. Thank you. (Applause.) Item #4C PROCLAMATION DESIGNATING MARCH 10 - 16 AS SUNSHINE WEEK IN COLLIER COUNTY AND REAFFIRMING March 12, 2019 Page 13 OUR COMMITMENT TO OPEN AND ACCESSIBLE GOVERNMENT. ACCEPTED BY DAVID MERINO REPRESENTING THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS; JAY SCHLICHTER REPRESENTING THE COLLIER COUNTY CLERK OF COURTS; CHRISTINA FARLOW-FORD REPRESENTING THE COLLIER COUNTY SHERIFF'S OFFICE; VICKIE DOWNS REPRESENTING THE COLLIER COUNTY PROPERTY APPRAISER; ROB STONEBURNER REPRESENTING THE COLLIER COUNTY TAX COLLECTOR; AND TRISH ROBERTSON REPRESENTING THE COLLIER COUNTY SUPERVISOR OF ELECTIONS – ADOPTED MR. OCHS: Item 4C is a proclamation designating March 10th through March 16th as Sunshine Week in Collier County and reaffirming our commitment to open and accessible government. To be accepted this morning by David Merino representing the Board of County Commissioners; Jay Schlichter representing the Collier County Clerk of Courts; Christina Farlow-Ford representing the Collier County Sheriff's Office; Vickie Downs representing the Collier County Property Appraiser; Rob Stoneburner representing Collier County Tax Collector; and Trish Robertson is representing the Collier County Supervisor of Elections; and our esteemed Sheriff, Kevin Rambosk, is also joining the party. (Applause.) COMMISSIONER FIALA: When the guy with the gun says "you first," you go. CHAIRMAN McDANIEL: That's right; absolutely. Item #4D March 12, 2019 Page 14 PROCLAMATION RECOGNIZING THE ZONTA CLUB OF NAPLES FOR ITS CONTRIBUTIONS TO NUMEROUS LOCAL WOMEN'S INITIATIVES. ACCEPTED BY DR. DR. SHARON WOODBY, LINDA PEARSON, AND ADELE HUNTER – ADOPTED MR. OCHS: Item 4D is a proclamation recognizing the Zonta Club of Naples for its contributions to numerous local women's initiatives. To be accepted this morning by Dr. Sharon Henry Woodby, Linda Pearson, Adele Hunter. (Applause.) COMMISSIONER FIALA: Wow, what a smile you have. You're beautiful. CHAIRMAN McDANIEL: Move over here to the middle. (Applause.) DR. WOODBY: Good morning. My name is Dr. Sharon Henry Woodby, and I am chair of the advocacy committee and a member of the board of directors of the Zonta Club of Naples. And on behalf of our club, I would like to so thank you for this proclamation. Zonta International began in 1919 and is an organization that is global consisting of business executives, professionals working together to advance the economics, health, educational, legal, political, and educational status of women. Our mission is to empower women through service and advocacy. Globally, there are approximately 31,000 members, over 1,200 clubs, and we exist in 66 countries worldwide. The Zonta, under ZI, was chartered in 1963 as a 501(c)3 organization, and we serve women and girls in Collier County worldwide. This is celebrating our 46th year of advocacy and service. We sponsor and support over five charities which share our mission and March 12, 2019 Page 15 our vision for women's empowerment, antiviolence against women, and anti-sex trafficking. And on April 18th we'll be hosting a symposium with Hodges University from 6 to 9 p.m. which will focus on empowering your voice to advocate for you, and we hope to see some of you there. Thank you so much. CHAIRMAN McDANIEL: Thank you so much. Item #4E PROCLAMATION DESIGNATING MARCH 23, 2019 AS STUFF THE BUS DAY IN COLLIER COUNTY, IN SUPPORT OF THE COMMUNITY-WIDE EFFORT TO REPLENISH THE FOOD BANKS THAT FEED THE HUNGRY OF OUR COMMUNITY. ACCEPTED BY STEVE CARNELL, MICHELLE ARNOLD, STEVE SANDERSON, SPENCER SMITH, LINDSAY TOUCHETTE, BRIAN MORALES, MARY-BETH GEIER, FRAN RIESS, AND TARA ZAJAS – ADOPTED MR. OCHS: Item 4E is a proclamation designating March 23rd, 2019, as Stuff the Bus Day in Collier County in support of the community-wide effort to replenish the food banks that feed the hungry of our community. To be accepted by Steve Carnell, Michelle Arnold, Steve Sanderson, Spencer Smith -- MS. ARNOLD: Whole room. MR. OCHS: -- Lindsay Touchette, Brian Morales, Mary-Beth Geier, Fran Riess, and Tara Zajas and friends, yes. COMMISSIONER TAYLOR: Vertically challenged in the front, ma'am. CHAIRMAN McDANIEL: Don't say that. (Applause.) March 12, 2019 Page 16 MR. SMITH: For the record, Spencer Smith, United Way of Collier County program director. I just want to start by saying thank you to the Board of County Commissioners and Michelle Arnold and her team for the support for this event. I was here in 2014 when the first Stuff the Bus came into play and helped kind of organize and get that situated. And because of the support of both you guys and Steve Sanderson, our president and CEO of the United Way of Collier County, we are able to establish this amazing event. It's amazing what the power of the community can do when you come together to solve an issue. And what we sought out to do was to collect food and help feed the hardworking families in Collier. And I'm proud to say now this event's even grown into something better. With the partnership with Naples Daily News, Richard M. Schulze Family Foundation, Community Foundation of Collier County, and others, we've been able to provide a large six-week community food drive to help the hardworking families in Collier County. This event's been set up and structured to support Collier County during the summer months when the food becomes a food desert. A lot of families don't know exactly where the next meal's going to come from. With nearly 70 percent of students in Collier County Public Schools on free or reduced-priced lunch, that says a lot, and a lot of these people don't know exactly where they're going to get their next meal from because they rely heavily on that meal coming from their school programs. So I just want to say thank you, guys, all for the support. We wouldn't be able to do this. March 23rd's not the only day you can donate. This event will go on till April 26th. You can drop off any kind of food, cash donations at the Naples Daily News facility every Friday. March 12, 2019 Page 17 Thank you very much. CHAIRMAN McDANIEL: Thank you very much. (Applause.) COMMISSIONER SOLIS: We stuff the bus with food? MR. OCHS: Correct. COMMISSIONER SOLIS: Any bus? CHAIRMAN McDANIEL: CAT bus. COMMISSIONER SOLIS: CAT bus. CHAIRMAN McDANIEL: Not the school buses. MR. OCHS: Let me ask Michelle to clarify that. COMMISSIONER SOLIS: Point of clarification. MS. ARNOLD: For the record, Michelle Arnold. We have designated buses that are going on the 23rd at locations, seven different Publixes and other locations. I think they are 10 all together. Ten all together. And so as you go in to shop, you can get a bag and bring out food. And we weigh the bags, and we're trying to compete every year to have more and more food for this event. So, yeah. This is a way that we give back in other ways. I think we give back every day. COMMISSIONER FIALA: What's the date again, Michelle? MS. ARNOLD: 23rd, March 23rd. COMMISSIONER FIALA: Start at any certain time of the day or anything? MS. ARNOLD: Yeah, it starts at 10 and ends at 2 o'clock. So probably the Publix near you. Neapolitan Shopping Center is where I'm going to be, if you want to be there. CHAIRMAN McDANIEL: Thank you, Michelle. And before we go on, County Manager, I was remiss in not announcing the Artist of the Month, and I got a note and reminded that I had forgotten. March 12, 2019 Page 18 So I would like to please recognize our featured Artist of the Month in Collier County is Ms. Leigh Greco. Leigh Greco has been inspiring young minds for 34 years as an art teacher at Immokalee High School, Gulf Coast High School, and Pine Ridge Middle School. Leigh's work reflects her love of vibrant, intense colors interacting with light and tropical landscapes and foliage. And a portion of her art is displayed in the back, so please have a moment and have a look. There we go. (Applause.) MR. OCHS: Mr. Chairman, if I could get a motion to approve today's proclamations, please. COMMISSIONER FIALA: So moved. COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve today's proclamations. 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: So moved. Item #5A PRESENTATION OF THE 2019 “AGAINST ALL ODDS” AWARD TO CHRISTINA HARDING-CRUZ – PRESENTED March 12, 2019 Page 19 MR. OCHS: That takes us to Item 5 on this morning's agenda. These are the presentation items. 5A is a presentation of the 2019 Against All Odds Award to Christina Harding-Cruz. Christina, if you'd please step forward. (Applause.) MS. HARDING-CRUZ: Good morning. I stand before you truly humbled. I want to thank the organizations who nominated me for this prestigious award and for the Board of County Commissioners for bestowing it upon me today. This award is affirmation for what I do and why I do it, and I thank you. Besides my mom, my community is my number-one fan. I would like to give a special thank you for every life I encountered either by employment or volunteering that I was able to serve through counseling, case management, interning at Public Defender's Office or to provide vital resources. This award is not only for me but the community that I serve. A memory that I can never forget is the prayer letter I wrote God in my early years. I remember I was up late at night crying while my mother was asleep. As I wrote this letter, I remember feeling alone and in a dark place. This place stemmed from the bullying, taunting that took place in elementary and middle, the brokenness from trauma that occurred in the household, no self-esteem, worried where my next meal would come from, scared for my mom to lose us, my mom's depression, worried about my dad's mental and physical health, full of fear for what's ahead, and thought, why does my life matter? In that letter I wrote, when I grow up, I pray I'll make a positive difference in thousands of lives. I believe this prayer became my reality. March 12, 2019 Page 20 Coming of age, I knew there was something in me that made me different, and despite every obstacle, I realized my life had purpose. I grew up in soup kitchen lines, community food pantries, taking advantage of social services, and my mom pawning her belongings to provide our basic needs. My father dying to his alcohol addiction, losing everything, ending up homeless, living on the streets motivated me to create a legacy that would honor him. He is best remembered for his big heart and the love he shared. My career goal was to become a doctor so that would help him, but it was too late. Social work and law were the next best options. My career goal is to become a licensed clinical social worker serving clients who are entangled in the criminal justice system. I want to either attend law school or obtain my doctorate's degree after completing my master's in December, this December. I also want to open a non-profit that provides housing for girls who are at risk for being homeless and teach essential life skills. I refuse to let my struggle define me or I fall into a negative statistic. My mom encouraged me to always want more for myself, stay humble, and never forget where I come from. I am the second oldest of five children but the first to graduate high school, college, and now pursuing my master's from the University of Central Florida advanced standing master's program of social work. I work -- I also work as a counselor, intern at the hospital in Naples, and lead the volunteer project I started in 2015 called "Love is not an option." It serves the homeless population of Collier County. We create bags of toiletries and provide meals. Over Thanksgiving break I extended the project in Tulsa, Oklahoma, and facilitated an outreach up there on the streets. I want to extend this project across the United States. March 12, 2019 Page 21 As I look back, my vision and my passion aligned with my purpose made me relentless to never give up. Love is my motive. I close with this: Define your own level of success by the standard you create whether that is a college degree, obtaining a high school diploma, or becoming a mother. Your life may not be easy, but realize in the weakest moments is where your strength is developed and resilience arises. Be your own success story. Thank you. (Applause.) COMMISSIONER FIALA: Thank you for all you're doing to help us. CHAIRMAN McDANIEL: Hold this, and then if you would turn around, I have a -- I have a little something I'd like to read. If you would, please, face the audience. COMMISSIONER SOLIS: Is this family? CHAIRMAN McDANIEL: How about family, are we with her? Please, come on up. My goodness. While they're coming up, I would like to read something. Just hold on. Come on up, family. In 2016, the Board of County Commissioners established the annual Against All Odds Award Program to recognize residents who have overcome great challenges that most of us have not ever faced and who, despite his or her circumstances, have excelled and given back to the community. This is the fourth consecutive year that we, the County Commissioners, have presented this award against all odds. This year's recipient is incredibly special, an inspirational young woman, and the first woman to receive this award. She a shining light in the darkness, and I am also proud to say that she is a resident of Immokalee. Ladies and gentlemen, it is my pleasure to present the award Against All Odds to Ms. Christina Harding-Cruz. March 12, 2019 Page 22 (Applause.) CHAIRMAN McDANIEL: Now we're ready. COMMISSIONER FIALA: You wanted to take one picture of her alone? MR. OCHS: Yeah. COMMISSIONER TAYLOR: You did a great job; despite all odds. COMMISSIONER FIALA: You really did it. CHAIRMAN McDANIEL: Thank you, guys, for coming today. And Maria did want one picture with her alone so we'll do that, too. Whatever the photographer wishes. Thank you, young lady. MS. HARDING-CRUZ: Thank you. (Applause.) Item #5B PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR MARCH 2019 TO THE HARRY CHAPIN FOOD BANK OF SOUTHWEST FLORIDA. TO BE ACCEPTED BY RICHARD LEBER, PRESIDENT & CEO OF THE HARRY CHAPIN FOOD BANK OF SOUTHWEST FLORIDA. ALSO PRESENT IS BETHANY SAWYER REPRESENTING THE GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED MR. OCHS: Item 5B is a presentation of the Collier County Business of the Month for March 2019 to the Harry Chapin Food Bank of Southwest Florida. To be accepted by Richard LeBer, president and CEO of the Harry Chapin Food Bank of Southwest Florida, along with Bethany Sawyer from the Greater Naples Chamber of Commerce. March 12, 2019 Page 23 MR. LeBER: Good morning, and thank you to the Commissioners. And also, on behalf of the Harry Chapin Food Bank, a thank you to the Collier County Chamber of Commerce that nominated us for this award. It's an unfortunate reality in Collier County today that about 36,640 people will go hungry at some point this year. They will be classified as food insecure, meaning that they have no money left in the bank, they have no food in their pantry, and they don't know where their next meal is coming from. That's about one in 10 residents of Collier County, the largest population of whom would be working families in crisis, but also seniors and veterans and a variety of other folks. And the Harry Chapin Food Bank has been active in serving that population together with lots of other organizations in Collier County for well over 20 years now. We provide free food to 29 independent organizations in Collier County, including lots of people who have been represented here this morning: Grace Place, the Shelter for Abused Women and Children, several of the Stuff the Bus organizations. We'll be participating in that drive ourselves. All together, the food that we distributed to those 29 organizations, and through our own programs, amounted to 5.1 million pounds of food distributed in Collier County last year, which is a very big number and a hard number to visualize, but it's the equivalent of 127 full tractor-trailer loads of food distributed to hungry people in Collier County over the course of a year. CHAIRMAN McDANIEL: Special. MR. LeBER: In addition to the 29 independent organizations we work with, we also operate on our own nine mobile pantries every month where we set up in communities, Immokalee, East Naples, Golden Gate, et cetera, with our own vehicles and feed several hundred families at a shot. Three in-school pantries in schools within March 12, 2019 Page 24 Collier County, and nutrition education programs in five schools. We were active in emergency activities after Hurricane Irma. We were the first organization on the ground with food in Immokalee and in Marco Island, and we set up and operated a weekly mobile pantry in Everglades City for over six months until they were able to reconstruct their church and start taking care of folks locally. And recently we did mobile pantries to serve folks affected by the federal government shutdown, so we're very active in emergency relief as well. So we are very grateful for this honor. I'd be happy to answer questions if anybody has any; otherwise, thank you so much to the Board and to the Commissioners and to the Chamber of Commerce for this honor. We're deeply honored to be recognized. CHAIRMAN McDANIEL: Thank you, Richard. And no questions. Just a thank you for doing what you do. We really appreciate that. MR. LeBER: Thank you. It's our calling. We're delighted to do it. CHAIRMAN McDANIEL: Absolutely. Item #11A RECOMMENDATION TO ADOPT THE FY2020 BUDGET POLICY – MOTION FOR THE CHAIR TO SEND A LETTER TO THE SCHOOL BOARD RECOMMENDING SHARED COST FOR DEPUTIES AT SITE SCHOOLS – APPROVED; MOTION TO REMAIN MILLAGE NEUTRAL – APPROVED; MOTION TO ESTABLISH JUNE 20 AND 21, 2019 AS BUDGET WORKSHOP DATES – APPROVED; MOTION TO APPROVE THE BUDGET POLICY – APPROVED; RESOLUTION 2019-48 – ADOPTED March 12, 2019 Page 25 MR. OCHS: Commissioners, that moves us to our first time-certain hearing this morning. This is Item 11A on today's agenda. It's a recommendation to adopt the Fiscal Year 2020 budget policy. Mr. Mark Isackson, your director of Corporate Financial and Management Services, will present. MR. ISACKSON: Good morning, Commissioners. For the record, Mark Isackson with the Office of Management and Budget. I will do my best to keep you back on your time-certain schedule. I know the Chair was a little bit concerned with that. CHAIRMAN McDANIEL: We're only five minutes behind. MR. ISACKSON: Commissioners, this kicks off your FY '20 budget process with our annual visit with you on our philosophy, our methodology that staff is presenting to you for preparation of the FY '20 budget document. The document itself, as you know, is rather lengthy. That is twofold for that: One is to make sure that, again, our philosophy or methodology, the approach that we use in budget is conveyed to those who consume financial information for the county, and it's to give the Commissioners kind of a state of the state on where we're at financially within the county. So without further adieu, I'll move ahead with the PowerPoint, but before I do that, let me just mention that there are a couple action items that we're looking to try to receive from the Commissioners today. The first is to adopt the budget policies as recommended or as modified by the Board throughout the discussion. The second is to adopt a resolution which establishes budget submittal dates for Clerk Kinzel of the Courts, the Sheriff's Office, and the Supervisor of Elections, and the third is to establish your June workshop dates and your September budget public hearing dates. March 12, 2019 Page 26 So if I can figure out how to run this thing, we'll be off and running. Thank you, boss. MR. OCHS: Sure. That's what I'm here for. MR. ISACKSON: As I mentioned, the budget policy highlights, there's key annual policies for consideration and board direction. Those are found on Policy Document Pages 30 to 40. The continuing policies to be endorsed by the Board are on Policy Documents Pages 41 and 43, and then there's the three-year General Fund and Unincorporated Area General Fund analysis, which we do every year, is found on Pages 44 through 54. Commissioners, for orientation, in your packet, the executive summary begins on Packet Page 93. The PowerPoint, which I'm involved with right now, begins on Packet Page 97. Again, the suggested budget guidance action is, after due consideration and further consideration, that the Board approve the recommended budget policies with any changes dealt with on an exception basis. The most important decision that the Board makes, considering that 70 percent of your General Fund is funded with property taxes and 74 percent in the Unincorporated Area General Fund, is your millage rate policy, and taxable value. This year we're projecting a tax-base increase of 4 percent. We think that's pretty conservative and allows us to structure the budget systematically and to present you with a balanced budget at your first June workshop and then going forward as we complete the process through September. As I mentioned, taxes comprise 70 percent of the General Fund governmental revenues. There are several new FY '20 funding initiatives that we'll go into in a little bit detail in a couple slides from now. We make sure that we grow our reserves. Now, those reserves are cash-flow March 12, 2019 Page 27 reserves and, essentially, contingency reserves. We protect the cash position in the General Fund. Why? Well, you just had a recent example of that when Hurricane Irma blew through here, and we've now spent about $105 million waiting on the bulk of that recovery almost two years after the event. We ensure that dollars are available to cash flow in other natural disaster. That's our fiduciary responsibility. We continue our investment in public-safety operations and infrastructure, we continue investing in our capital infrastructure, and we have to operate and maintain new capital facilities when they're constructed. In the Unincorporated Area General Fund, we're suggesting, once again, a millage-neutral rate, and that rate will allow us to maintain our constructed median landscaping program, to continue to fund stormwater maintenance and capital programming, fund the new innovation zones that are coming on board in FY '20, maintain our commitment to community parks, code enforcement, zoning, and land use, natural resources, and our road maintenance, and we continue our capital commitment to community parks in the transportation network. You have several MSTUs, Commissioners, that falls underneath our taxing umbrella. We're suggesting that those with advisory board oversight, be it tax neutral or rolled-back rate, the same rate, essentially, last year. With no advisory board, we go to rolled-back rate. It looks like I missed an "e" on that one. Leo, why didn't you catch that? The FY2018, we have 12 millage-neutral rates, three rolled-back rates, and four others. CHAIRMAN McDANIEL: And just so everybody knows, that is the only error in the entire printing. I read it all, and that's the only one I found, and I didn't tell him on purpose, just to see. March 12, 2019 Page 28 MR. ISACKSON: That's rather embarrassing. I'll have to get my staff on that one. Commissioners, the -- what we try to do with these next two slides is give you a little picture of what millage-neutral means with a tax impact on a homestead property and then again on a non-homestead property. Rather than using the conventional approach where you have just value or market value minus your homestead exemption gives you assessed value and then you take all of your exemption off of that, whether it's the typical homestead exemption, the veterans exemption, there are a number of exemptions, I try to be very simple with it and just give you some examples of what taxable value parcels might be, and I've got an average down on the bottom. There's two key things with regard to homestead properties. Number one, the tax base is capped -- the assessed value is capped at 3 percent. Can't go higher than that. So if you look at the difference between -- go down to the average column, what we're calculating is about a $19 increase. That's just for the General Fund, just for the Unincorporated Area General Fund. It has no bearing on the overall tax bill that a resident pays, just that portion reflective of the county portion. MR. OCHS: That's the annual increase. COMMISSIONER TAYLOR: $19. MR. ISACKSON: That's the annual increase at a millage neutral at a 4 percent increase in the tax base; $19.41. Now, someone -- if you went and looked at your own tax bill and looked at your taxable value on the property that you own, you could probably look on that roster of taxable values and see what that adjustment might be going forward. It becomes a little bit more onerous for non-homestead properties, obviously. They have a cap of 10 percent. Well, if you March 12, 2019 Page 29 assume that the tax base has only gone up 4 percent this year, you can see what the average would be for a non-homestead; two-and-a-half times roughly. MR. OCHS: For Commissioner Saunders, what is that amount? MR. ISACKSON: Commissioner Saunders, can you hear? COMMISSIONER SAUNDERS: Yes, I can hear you. MR. ISACKSON: That averages about $57.27 on a non-homestead piece for the General Fund and Unincorporated Area General Fund. On a larger-size parcel, whether -- let's say it's a multifamily piece or something like that where you have a big taxable value number, let's say it's 5- or $600,000, we show that number being about $104 over this year at millage neutral. COMMISSIONER SAUNDERS: Great. I appreciate you doing that. I'd asked to get some analysis as to what this would mean to the business owners and non-homesteaded property owners as well as the homesteaded, and I appreciate this information. It helps quite a bit. MR. ISACKSON: Commissioners, the next slide is one we'll spend a little bit of time on because it talks about the new funding initiatives that are either ongoing or proposed for FY '20 that will require some funding. And what we did with this, knowing that property taxes comprise 70 percent of the General Fund and a little bit more than that in the Unincorporated Area General Fund, is we tried to break out where the funding sources for these new initiatives would be. For example, there's been discussion about the purchase of the Golden Gate Golf Course, $28 million. We're certainly not going to pay cash for it. So that debt-service amount will be borne by the General Fund. That's roughly 4 percent over, let's say, 20 years. That's a number that we threw in for planning purposes. Then you've got to maintain and at some point begin to develop a plan for future use of that March 12, 2019 Page 30 particular piece of property. And we threw -- this is the Deputy County Manager's number, so don't yell at me on that one. It's a million dollars. I'll let him defend that. You've got two now innovation zones that were going to be active in FY '20. There's a General Fund piece and an Unincorporated Area General Fund piece, and that's essentially the tax increment. It functions much like a CRA in terms of the money that goes into that particular zoning, innovation zone, for the purposes of improvements within that zone specifically. COMMISSIONER TAYLOR: Would you identify those innovation zones, please. MR. OCHS: Yes, ma'am, I will. There's -- the first one is an economic development innovation zone. We call it Innovation Zone Activity Area 9; that's in and around the Davis Boulevard/951 intersection. And the second one is an economic development innovation zone that the Board created in the heart of Golden Gate City to incentivize some redevelopment in that area. CHAIRMAN McDANIEL: Basically that two-mile swath on Golden Gate Parkway through Golden Gate City proper. MR. OCHS: Yes, sir. CHAIRMAN McDANIEL: And then I think, Commissioner Taylor, you established the innovation zone at 951 and Collier. COMMISSIONER TAYLOR: And I think I misunderstood. I thought you said there were two residential ones, and I think I misunderstood that. MR. OCHS: No, two innovation zones. COMMISSIONER TAYLOR: Innovation zones. MR. OCHS: They're both economic development TIFs, essentially. COMMISSIONER TAYLOR: Thank you. March 12, 2019 Page 31 MR. ISACKSON: And you see, of course, we don't have the tax base yet from the Property Appraiser, but that's our best estimate based on a 4 percent increase in the tax base and the increment that was established by the Board when creating both of those innovation zones. I'll let Leo talk a little bit later about the school-safety-officer program. We have a separate slide on that, but there's about a $3 million contribution from the General Fund to support that state funded -- or that state initiative through legislation. We have the Big Corkscrew Island Regional Park we think will be coming on board sometime in FY '20. That's going to require some staffing and operational and maintenance cost. You have your amateur sports complex that will be completed. Again, you've got some operation and maintenance cost connected with that. Talk about stormwater a little bit. Now, we have a separate slide later on about stormwater. I think the County Manager in our planning discussions is committed to providing a level of stormwater maintenance that is industry standard, and then we deal with the capital side. So how do I come up with two-and-a-half million and two-and-a-half million additional for funding initiatives in FY '20? Well, in FY '19 you have roughly $8 million in budget that we set aside for stormwater. The Board did not pursue the stormwater utility, so what we're suggesting is that the option would be the millage-equivalency approach. We have regulations that say right now up to .15 mills. The Productivity Committee has met, and they've said the hard number will be .15. If you apply the .15 to the current tax base in the county, that's roughly $13 million. The difference between 13 and 8 is $5 million. That's been split equally between the General Fund and the Unincorporated Area General Fund right now. March 12, 2019 Page 32 Now, in the planning document, we have about $9.2 million set aside, about a million dollars more than FY '19. That, as Leo suggested, could be used simply for maintenance purposes, and now we break lose with those additional dollars based on what the Board's direction would be to cover capital costs. We may issue some debt in regard to that. If we issue debt, let's say it's $30 million as we've been talking about, over 15 or 20 years you're probably talking about $2.7 million a year in a debt-service payment. So you get the sense for what the plan of attack might be to get after some of the stormwater stuff that's been lagging. We have a communication services tax that we think's going to continue to decrease. There's legislation that's being considered, once again, in Tallahassee to reduce the communication tax rate at the state level. That is the largest source of revenue in the Unincorporated General Fund outside of property taxes. It's roughly $4 million a year. It's been dropping by about 500K for the last two years. The biggest thing that makes me not sleep at night -- and I generally sleep pretty good -- is losing the communications tax altogether. Now you've got a $4 million gap in the Unincorporated Area General Fund that you've got to fill. We have grant matches for hurricane hardening that we've programmed into the budget in FY '20. That's a great investment assuming we get all of the grants we've applied for. You've got the Marco Island terminal, the Everglades sea base, the Marco Airport runway, which requires grant matches in '20 at about a million dollars. We're helping to support the Everglades City utilities. We've got a Collier Area Transit subsidy of about a million dollars. Again, that might be light based on the contract that you're going to see probably in one or two board meetings. March 12, 2019 Page 33 And we've got all this behind-the-scenes stuff; our information tech. I know Crystal's wrapped up a little bit in the SAP upgrade. Whether we're going to keep SAP or farm it out, go to another program. That number's light from what I -- from what I've been told. Compensation administration in the General Fund and the Unincorporated Area General Fund. That's just the General Fund and Unincorporated Area General Fund's component of our compensation adjustment, which we have a slide later on. And then something I've wanted to do for the last two or three years, it just hasn't been in the cards, is to begin to recognize that we have a substantial amount of assets. You've probably got $3 billion worth of assets in this community maybe split half and half between the utility and the unincorporated -- and the general governmental side. So setting -- beginning to set aside a reserve for that specifically earmarked for five and 10 years down the road replacement of our infrastructure assets, we need to begin doing that. We need to begin making sure that that long-term maintenance need is in competition with all of our regular ongoing efforts that we do in the community, and that's the only way this will happen. You've got to give it some visibility. So we're suggesting a number up to $5 million a year. We've plugged the $5 million number. So what does all that mean? Well, you have a millage-neutral tax increase. If you keep the millage-neutral-rate in the General Fund, for example, you're going to increase your taxes by -- property taxes by about $12.5 million. Well, we know the constitutionals take half of that because they're half of the General Fund's budget. So now you're left with, essentially, about $6.3 million to offset, just simply under property tax, that 23-plus million dollars in new funding initiatives. March 12, 2019 Page 34 So now you're left with some perceived shortfall of about 17.4 million. Well, how do you get at all that? Well, this is -- that's my challenge, and that's the County Manager's challenge. It certainly will be helpful to have our millage-neutral tax rate once again for the 11th consecutive year. You've had it for 10 years now. It's certainly our recommendation. I think it makes good tax-policy sense to leave your millage rate alone. Imagine a situation where you adopt the rolled-back rate and the rolled-back rate bumps up and down all the time. So when the tax base begins to decrease, what happens to the rolled-back rate? It goes up. And the propensity to increase a millage rate, regardless of what it's called, when tax bases are going down, is a hard position to be in. So that's why we're suggesting -- one of the reasons we're suggesting millage neutral. This one you've got the rolled-back rate. That actually would raise more money than your current levy in '20; 7.7 million, but you've got -- you're going to lose almost 4.9, the difference between a millage-neutral and rolled-back rate. So that even -- that exasperates (sic) the issue of trying to find dollars to go after those new initiatives that we've identified. I think we've got a fighting chance at it if we leave the millage rate alone, we wait to see what our budget numbers come in at, we do some belt tightening, I think we can get at some of this stuff, so... This is always an interesting slide, and it continually moves, where you've spent about $105 million on our hurricane expenses through January of '19. We have an additional amount budgeted in FY '19 for remaining cleanup efforts. We've gotten insurance and FEMA reimbursements to date of about 27.8. We've got another 43 or 44 expected to be received. Most of that will go after and be applied as a credit against our debris removal effort. March 12, 2019 Page 35 The takeaway from this slide is you better be prepared to cash flow an event like this for at least two years, if not longer. And we are positioned, financially, to deal with that. We will every year, so... So this particular slide just tries to pinpoint how much the General Fund is a component of all of -- essentially, our gross budget. I've got numbers tied to that if anybody wants the raw numbers. But I wasn't really attempting to do anything other than to magnify the General Fund as a component of this with both the General Fund and General Fund constitutional officer piece. This slide, you just -- the takeaway here is you've really only got about 119 million out of that General Fund budget that would be considered somewhat discretionary to go after. The rest of the slides on the right-hand side are mandates, what we call health, safety, and welfare and our debt-service obligations. And this is an interesting slide, and I want to call your attention to the carryforward line. Part of the reason we have a fighting chance to get after some of these new initiatives is the budget management we've done over the last two years, leading up to the hurricane, after the hurricane. We've increased our cash position substantially in the General Fund. That allows us to go after some of the stuff. It allows us to increase our reserves. It provides a great indicator of our financial health and strength and welfare to the rating agencies. It's one of the most important things that my office does in terms of managing the budget document. That's the takeaway from this particular -- this particular slide. As I mentioned, our year-ending cash balances influence our budget planning. The first two months' cash-flow requirements are $71 million, and that's growing. That's why my reserves continue to grow. Our agency allocations are no different than they have been in the previous years. We have revenue centric philosophy both in the March 12, 2019 Page 36 Enterprise Funds and in the General Fund and Unincorporated General Fund where we tie everything to the net cost in the General Fund and Unincorporated General Fund, because we also recognize that there are few revenues that help offset the impacts of the General Fund. Agency positions: We'll bring those to the Board, and any expanded this year will be limited to board-directed capital project openings or board-directed service-level adjustments. Compensation: This year we're taking a little bit different approach. We're recommending $1,200 be applied to all base salaries, and the average salary in the agency is $55,500. That represents roughly a 2.2 percent increase off that average salary. The targeted pay plan maintenance, we'll also look at that. We'll devote a little money to that in certain lower classification pay grades where there appears to be a market imbalance, and the cost of living is -- December over December for 2018 is 2.9 percent. Healthcare takeaway, no increase in healthcare premiums. That's a testament, I think, to our program where we try and contain costs as best we can. We have a lot of involvement of the workforce in our qualifiers, which helps certainly our health insurance program and the reserves that we have. Time and rates, we do the kabuki dance with the state in May, and we sync up our retirement rates. CHAIRMAN McDANIEL: And which dance would that be? Kabuki dance. MR. ISACKSON: You never heard that expression? CHAIRMAN McDANIEL: I just wanted you to say it twice. MR. ISACKSON: And then let's get to stormwater a little bit. So as I mentioned, the County Manager is desirous of pursuing a planning model consistent with industry standards when it comes to the maintenance of the system, and then talk about a two-pronged March 12, 2019 Page 37 approach where we have eligible replacement and new capital projects with the potential for issuing some type of a financing, possibly up to $30 million in lieu of the current cash-and-carry methodology. Gas taxes: Those are, obviously, important for the transportation network. We program annually dollars that go out of the General Fund and dollars that go out of the Unincorporated Area General Fund to Fund 310. That augments the gas-tax fund in support of the maintenance effort. Our gas taxes grew modestly in '18. We're up about 4.1 percent to 22.7 million, and we think planning at roughly 23 million going forward is probably a good number. Each year we -- much like we talk about sizing stormwater, we size the General Fund transfer to capital and debt to about .33 mills. We haven't been at .33 mills in a long time. We're a little bit short of that. And that covers various things like loans to the Impact Fee Trust Funds and our debt-service obligations for non-referendum -- non-referendum special-obligation debt, replacement of capital projects and our general governmental facilities. Finally, Commissioners, you've got a series of reserve policy that we're recommending; no change, roughly, from last year. And I won't bore you with all of the detail there. We're financing new replacement and capital infrastructure. That's important. The Finance Committee is engaged and continually reviewing all of our options for you. It's important to note that the FY '20 budget does not program the issuance of debt. That will come up as a part of any amended action that the Board might take to the budget once we know the particular direction we'll be going in from a debt standpoint. I'll let Leo talk a little bit about this, if he's so inclined. I think this is near and dear to his heart, so... March 12, 2019 Page 38 MR. OCHS: Well, Commissioners, as you all know, the legislation came out of Tallahassee last year following the Parkland tragedy and, essentially, it required public school districts throughout the state to provide for additional safety in the schools. Again, that statute places that legal obligation with the school district, not with the County Commission. Notwithstanding, this board, through the Sheriff's budget, has traditionally funded a school resource officer program and deputy relations program in the schools; didn't have every school covered, but had many of the schools covered. The Sheriff has since come into compliance with the statute. He now has deputies at all the schools, including all the charter schools. He's doing that, frankly, with an inordinate amount of overtime and, as Mark indicates here in this slide, he has about $7 million -- or you have $7 million, I should say, invested in that program this year, another 3 million expected next year, and continuing on for the next several years. The Sheriff and the school superintendent and I have met. We've talked about this and how to share that burden more equitably. My staff surveyed the state and found that among all the counties, I think Collier's the only one that's providing 100 percent of the funding for this program at this time. The state has provided some amount of funding through the legislation, but it doesn't meet or come anywhere close to meeting the total burden. There's about 1.6 million that the school district has that they will transfer to us this year through an interlocal agreement. After the legislative session ends, I'll be bringing that to you. But I had suggested to the superintendent, and I would ask as a policy direction from this board, to perhaps have our chairman send a letter that expresses our board's interest in sharing the cost of that program at no more than a 50 percent level and begin to bring some March 12, 2019 Page 39 more equity into that funding stream. CHAIRMAN McDANIEL: And just, if you would, please -- you know, because this is a delicate subject matter, from a statutory standpoint, the state -- I mean, the travesty that occurred in Parkland initiated this process. We were already in front of, from a safety-officer process, well in advance of what the state's mandated. Is there anything in the statute -- the statute specifically requires who to be responsible for these safety officers? MR. OCHS: The school district. CHAIRMAN McDANIEL: The school district is solely responsible for the providing of the safety officers? MR. OCHS: That's my understanding, yes, sir. CHAIRMAN McDANIEL: Okay. MR. OCHS: And they have three options, of course. They can use certified law enforcement, they can hire what's called guardians and arm them, and then they can arm their own teachers. I think long ago, even before this tragedy occurred, the Superintendent and the Sheriff had made a determination and, in fact, I know the Sheriff has stood before you in the past and said that they want to use certified law enforcement officers as opposed to the other two options which, frankly, is the best approach, but it's also the most expensive approach, and that's why I think, you know, my recommendation is to approach the school district and have them carry more of the load. CHAIRMAN McDANIEL: And currently the state provides the school district with about $1.6 million that they're willing to turn over to the county with regard to this expense? MR. OCHS: That's correct. COMMISSIONER SOLIS: I would support the Chair sending a letter to that effect. COMMISSIONER TAYLOR: Is that a motion? COMMISSIONER SOLIS: That's a motion. March 12, 2019 Page 40 COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded. COMMISSIONER SAUNDERS: Mr. Chairman, I didn't hear the motion. Was the motion for the school district to start picking up 50 percent of the tab, or was it just to get in the conversation? CHAIRMAN McDANIEL: It's to have the Chair -- the motion was to -- per the County Manager's recommendation, to have the Chair send a letter recommending that the participation for this expense be shared on an equal basis with the school district. COMMISSIONER SAUNDERS: I'll second that motion if it's not been seconded. CHAIRMAN McDANIEL: It has been seconded, but we'll count your vote as a yes; how about that? 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. MR. ISACKSON: Finally, Commissioners, I'll conclude with the schedule, which I elaborated in my opening remarks. The resolution, which requires the Sheriff, Supervisor of Elections, and Clerk Kinzel of Courts to submit their budgets on May 1; establish the June workshop dates on the 20th and 21st, if necessary, Thursday and Friday; adopt the tentative maximum millage rates for 2020 on Tuesday, July 9th; the Board receives their tentative FY '20 budget March 12, 2019 Page 41 document on the 12th, and that's simply is a recognition of coming out of the June workshop where we receive certified taxable values. The primary adjustments to the June workshop, then, will be changes in taxable value which affect the appropriations; and then your two budget hearings in September. The first is the 5th and the second is the 19th. CHAIRMAN McDANIEL: And with that, are you prepared? MR. ISACKSON: I'm going to be quiet now, sir. CHAIRMAN McDANIEL: Okay. MR. ISACKSON: Let you guys – MR. MILLER: Mr. Chairman, I do have two registered speakers for this item. CHAIRMAN McDANIEL: Do we want to hear from our public speakers first before we go -- COMMISSIONER TAYLOR: It's up to you. CHAIRMAN McDANIEL: Yes, I think we should. MR. MILLER: Your first speaker is Linda Denning. She will be followed by William Kerrigan. CHAIRMAN McDANIEL: And then we'll give Commissioner Saunders a chance to go first, since he doesn't have a button. COMMISSIONER TAYLOR: Sure. MS. DENNING: Hi. Good morning. I'm Linda Denning, and I'm the director of the Poinciana Civic Association. Mr. Chairman, Commissioners, County Manager, staff, and public, I can appreciate all the hard work that goes into preparing a budget and all of the concerns that you have to address, and I'm here to discuss the stormwater funding, which I guess is no surprise to you, and especially appreciated hearing Mr. Isackson's comments, which I didn't know that they would be covered so well. I wanted to thank Leo for his commitment to the expansion of stormwater funding to meet the industry standard. And I would urge March 12, 2019 Page 42 you to go forward and consider funding up to $30 million for eligible replacement and new capital projects according to his suggestion, even if it includes special application revenue bonds and -- because to not do so seems inconsciencable (sic). Our stormwater system in Poinciana Village has been inadequately maintained for many years. Our entrance streets used to flood every few years, and now they flood pretty much every year, and that affects over 400 families that live there. I had to get a new radiator for my car a couple years ago when I drove through a foot of flooded water to get home. Our drainage ditches need to be cleaned out. We seem -- can't seem to get that done. They're overgrown with trees and grasses and weeds, and storm season is quickly approaching. And I understand that there's a long backlog throughout the county; that we are not the only community in that situation. Last week you had a buildup workshop. There's a lot of concern and staff time going into growth and into the new blueprint for Collier County, and surely you would agree that stormwater management is essential to smart growth. How can you even consider growth when the safety and basic health concerns for current residents aren't being met? So I hope you will agree that stormwater management is necessary and that you'll find a way to fund it to industry standards one way or another in Fiscal Year 2020. Thank you. MR. MILLER: Your next and final speaker on this item is William Kerrigan. MR. KERRIGAN: I haven't been here for a while. Your seats are a little more comfortable. I'm the president of the Poinciana Civic Association. I'm Bill Kerrigan. For over -- I've lived there now for 35 years, so half my life I've March 12, 2019 Page 43 been trying to get, you know, Poinciana to drain better and all. Linda really hit all the points. I'd just like to also point out that back in '88, '90, the City of Naples wanted to annex us, and pretty much Collier County said they'd take care of us. Please, take care of us. I mean -- and stormwater management, that's a basic function of government, like roads. So, please, Linda hit on all of them. Thank you, Leo, for increasing and, yes, we'd like to see more than the 12 million. Okay. Thank you. Bye. MR. MILLER: And that was your final speaker on this item. CHAIRMAN McDANIEL: Outstanding. Commissioner Saunders, we're going to bequeath the microphone to you first since you're out there in nowhere land. COMMISSIONER SAUNDERS: Well, thank you. I don't really have any questions. I think just a comment. I think our staff has put together, really, a great, effective, and thorough presentation. I think that in terms of budget policy, I'd like to see us keep a millage-neutral policy at this point. We can always change that as we get into the final budget process, but I think for direction I would recommend sticking with a budget-neutral policy. COMMISSIONER TAYLOR: Is that a motion, sir? CHAIRMAN McDANIEL: We'll -- COMMISSIONER SAUNDERS: I'll make that in the form of a motion if it's appropriate to do so. COMMISSIONER TAYLOR: And I'll second that motion just for a point of discussion. CHAIRMAN McDANIEL: Okay. I was going to try to do it all in one shot, but we can do it individually as you go. I'm -- it's been moved and seconded that we maintain the millage-neutral position. March 12, 2019 Page 44 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: So moved. Now it's Commissioner Taylor's turn. COMMISSIONER TAYLOR: Your shortfall, now that we have a millage-neutral property tax increase, for the new initiatives is $17,470,200; is that correct? MR. ISACKSON: Yes, ma'am. COMMISSIONER TAYLOR: Oh, good. I read it right. MR. ISACKSON: That's assuming all of those initiatives come true and all of those initiatives are expensed like we've suggested they be expensed. So there's -- you've got some play there, certainly. COMMISSIONER TAYLOR: All right. And, you know, let's just assume that's the figure. And I don't remember this, so help me. That's a significant amount of belt tightening; is it not? MR. ISACKSON: Well, when you look at it -- here's what we don't -- what we don't know is we don't know what taxable value is. I don't know what the totality of the appropriations are going to be when we have our County Manager budget review sessions. We've got a substantial amount of budget flexibility, which I always build into the process. Now, you start looking at my cash position, which I've purposely increased radically. So I think we have a fighting chance at getting to a lot of that stuff that's on that list March 12, 2019 Page 45 right now. COMMISSIONER TAYLOR: Now, if you would refresh my memory, the appreciation of taxable value in Collier County the last tax year, what was it? MR. ISACKSON: We were up 5.8 or 9 percent. That number sticks in my mind. That was the tax base increase last year. CHAIRMAN McDANIEL: I thought it was 5.6. MR. ISACKSON: Countywide, you're probably right. COMMISSIONER TAYLOR: You were pretty accurate with that. MR. ISACKSON: I think I was a tenth off. CHAIRMAN McDANIEL: We'd estimated it at 6 percent. I'm not taking his fire. I just -- COMMISSIONER TAYLOR: No, I need to know. So what I'm pointing out is that taxable value seems to be leveling out or dropping a little bit. MR. ISACKSON: If you looked at the last pages of the policy document, we're projecting it, while going up, going out at a much slower rate going forward. COMMISSIONER TAYLOR: Thank you. I'll read that last page of the policy document. MS. ISACKSON: Last 10 pages, yes, ma'am. CHAIRMAN McDANIEL: By the way, for anyone suffering from insomnia, that 54 pages will help. It took me seven hours to read that; seven hours. MR. ISACKSON: It took me a lot longer to prepare that, sir. CHAIRMAN McDANIEL: I would imagine. COMMISSIONER TAYLOR: Every paragraph is -- CHAIRMAN McDANIEL: I would imagine. Anybody else? I have a couple of statements, but I want to wait till -- March 12, 2019 Page 46 COMMISSIONER SOLIS: I have one thing. And I think it might be helpful just for anyone that doesn't have insomnia and wants to read the whole thing. Just -- could you just speak to how this relates to the sales tax and the funding coming from the sales tax, how it relates or doesn't relate or the pressure that, in fact, the projects that are going to be funded -- the capital projects to be funded by the sales tax is going to put on the county's budget. I think that would be helpful for people to understand. MR. ISACKSON: This is the putting -- I'm having the County Manager put on the visualizer -- this was Exhibit A of the ordinance that was passed essentially authorizing the referendum. This is kind of the Bible, I guess, that we're all working off of at this point. And remember that the referendum was only to reduce the amount of borrowing that we were going to undertake, because if the referendum had failed, you'd be on the market, because most of these projects that they're listing, or at least the ones on the general governmental side, you would have gone after anyway through probably a more competitiveness financing package. So the operative column is that current shortfall column, because you've got funding in place for some of these initiatives. Commissioner Solis talks about pressure on the budget. The pressure on the budget will be how are you going to maintain that asset 10, 15 years down the road, and that's why we're suggesting beginning to set up a long-term capital asset replacement fund. MR. OCHS: Mark, also, not to interrupt, but -- or/and how to operate and maintain once we open a new facility. You've got to staff it, and you've got to operate it; you've got to maintain it. COMMISSIONER SOLIS: Sales tax can't be used for that -- MR. OCHS: No, sir. Only for bricks and sticks, as they say. MR. ISACKSON: I think those are the two takeaways when it comes to budgetary impacts, certainly; there's the long term and then March 12, 2019 Page 47 there's the near term. COMMISSIONER SOLIS: Okay. Thank you. CHAIRMAN McDANIEL: I have a couple of general statements that I want to -- I have a lot of statements, but I'm going to make a couple of general statements. I'm in -- I'm okay in general with the recommended guidance that staff is giving us to go back as policy. I would like to make a couple of global statements. And, again, last year I had a suggestion about the expense decrease in lieu of a pay increase across the board, and that didn't meet with any favorable response. I would like for us to give that consideration. If you saw in the budget package there was delineation of other officers -- constitutional officers, and the Board, the county, picks up 80 percent and 20 -- and on an 80/20 split with our employees, and the other constitutionals pick up a much higher amount. And I shared last year that to our employees it's the same bottom line in their paycheck whether we assist with expense reduction or increase in income. And, necessarily, it's better for us with the reduction in FICA, MICA, and federal withholdings that go on in perpetuity if we would look at that. I would like for us to do that, one. Of course, not today we don't have to have that lengthy discussion. But I also would like for us, where legal, County Attorney, to look into incentive pay processes where we can, in fact, do it. It's a little -- it's difficult in the government sector than what I'm used to in the private sector, but I would also like to have that explored as we go forward to assist with offering pay raises to those who are participatory in saving the taxpayers' money so -- obviously, only on the legal basis. I want to call attention to a line item up on that first page, and if you'll recall last year, I had proposed, in lieu of a 2 percent expense increase across the board, I had proposed an expense neutral from the March 12, 2019 Page 48 year before, and our -- through superior management, our County Manager, Deputy County Manager, and Mr. Isackson, the carryforward number shows an enormous amount of very prudent expense management. But what I would like to share with my board is these folks aren't going to be here forever, and it was done through superior management, not by policy. And when policymakers change and management changes, there may be times when those that are less prudent with regard to the expenditure of our monies are, in fact, in positions of power. So I would like for our board to take initiatives along the likes of dictating more policy with regard to how the necessary expenditure of taxpayer money is facilitated and not leave it so much to the superior management techniques of our senior staff. I am pleased -- please, by no means -- and I am offering this -- I hope this is coming out as a compliment, Mark. I don't mean this in a negative way by any stretch. MR. ISACKSON: I'm losing my hair. CHAIRMAN McDANIEL: Well, I'm right behind you -- and it's evidenced in fold with that $5 million first time ever in the history of Collier County, necessarily, a line item appropriating revenues for replacement of facilities. A $3 billion asset company like Collier County has never, in its history, appropriated that line item. And I applaud our senior staff for that particular acknowledgment. So that's a -- that also is a compliment as well. Commissioner Solis, you and I traveled -- were you -- I don't know, you had to leave earlier in Tallahassee. Were you with me -- with us when we met with the -- with the EOC in regard to the FEMA reimbursement, or had you left? COMMISSIONER SOLIS: No, I had to leave for part of that March 12, 2019 Page 49 meeting. CHAIRMAN McDANIEL: Okay. Have we gotten any updates as -- because I know when I was in Tallahassee, Len Price was sending emails by the hour as to where we were at with regard to that, and I sat with the new secretary who said, you know, you may be expecting a visit from the Governor, and I hear within a week or so with your check, your first 40 some odd million -- 47 million, I think, is what he represented, but -- and now I heard it went from -- the state blessed it, and now it went back to the federal government. MR. OCHS: Nick can give you a quick update on that, sir. CHAIRMAN McDANIEL: Nick or Len. MR. OCHS: Or Len. I'm sorry. MR. CASALANGUIDA: As Len walks up, it's all the same message. MR. OCHS: Go ahead. I didn't know Len was back there. CHAIRMAN McDANIEL: She always is, but she sits back there. MR. OCHS: I know. MS. PRICE: I try and hide as much as I can. Good morning, Commissioners. For the record, Len Price. The $46 million is currently at what they refer to as the multi-million-dollar congressional review. So that, they tell us, takes between seven and 10 days. So we're counting down the clock for that, but that should be the very final review before they cut the check. MR. OCHS: Then where does it go? MS. PRICE: To us? MR. OCHS: Directly? CHAIRMAN McDANIEL: Back to the state? MS. PRICE: I believe -- the state is actually currently reviewing the payment. So as soon as the amount is obligated, we shall be able March 12, 2019 Page 50 to receive that funding. And that generally goes through ACH directly into our account. CHAIRMAN McDANIEL: Outstanding. MS. PRICE: So we're getting extremely close but, you know, it's one of these things where I keep cutting the time in half and in half, but I feel like I never quite get there. CHAIRMAN McDANIEL: It was three weeks ago when I was in Tallahassee and was told it was going to be within a week then by them, and then it turned around and went back to the feds. So thank you very much for the update. MS. PRICE: Federal government, any day now. CHAIRMAN McDANIEL: Yes. Yes, ma'am. Commissioner Solis? COMMISSIONER SOLIS: Well, I was just going to say, in terms of the millage neutral as opposed to the rolled-back position, you know, I think I was -- I was interested in what the impact would have been with a rollback rate, but looking at the additional obligations we're going to have because of the projects that are now being expedited by the sales tax and the need to plan for, you know, another hurricane -- we need to, obviously, be as conservative as we can on that, that I'm going to support the millage-neutral position as well. CHAIRMAN McDANIEL: We voted on that already. COMMISSIONER SOLIS: I know, but I just want everybody -- I just wanted to say that I was interested in the rollback rate except that we have certain -- we're juggling a few things that I think it's very prudent to make sure that we're going to continue setting aside reserves for some of these capital improvement projects that are huge projects in terms of what we've done in the past. I just want to put that on the record that that's -- that was a concern to me, and I think we're doing the right thing. March 12, 2019 Page 51 CHAIRMAN McDANIEL: And I concur, it was what I was talking about with that new line item for capital replacement of our facilities and assets. Those are earmarks of superior management, but I would like for us going forward to give due consideration to more -- because there was a lot of competing factions. You saw that list that Mr. Isackson put up. There's a lot of competing factions that are coming at us, coming at elected officials wanting a piece of the pie. And if -- the more specificity -- I know you like that word. The more specificity we can offer to our staff to dictate funding for the protection of health, safety, and welfare, and the necessities of our community, the less discretion they're going to have to have in creating deficits in certain capital funds in order to fund up the then hot items that, in fact, transpire. So I would like for us, by policy going forward, to give more consideration to that to allow more certainty for our residents that the priorities of this community are, in fact, where they need to be in protecting -- keeping our neighborhoods and our families safe, so... COMMISSIONER TAYLOR: So when we talk about the stormwater utility fee next year, I'll remind you of those words. CHAIRMAN McDANIEL: You may remind me of anything -- COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: -- Ms. Taylor, just be careful what you ask for. COMMISSIONER TAYLOR: Health, safety, and welfare, sir. CHAIRMAN McDANIEL: That's correct, absolutely. Now, having said that, you need a little direction from a motion. And I've gone back to the executive summary, and you -- we took care of one, which was the rate neutral. MR. ISACKSON: A suggestion, sir? CHAIRMAN McDANIEL: Sir? MR. ISACKSON: Suggestion. March 12, 2019 Page 52 CHAIRMAN McDANIEL: Please; come on. MR. ISACKSON: Approve all the remaining budget policies as recommended and then the resolution, all in one motion, and the resolution which establishes the budget submittal dates for Clerk Kinzel of the Courts, police -- or for the Sheriff, excuse me, and the Supervisor of Elections, and then to set your June workshop and September public-hearing dates as contained in the documentation. CHAIRMAN McDANIEL: What he said. COMMISSIONER SOLIS: All that, and in all one motion? COMMISSIONER TAYLOR: And I'll second that. COMMISSIONER SOLIS: So moved. COMMISSIONER TAYLOR: And I'll second that. CHAIRMAN McDANIEL: Any other discussion, Commissioner Saunders? COMMISSIONER SAUNDERS: No. I support the motion. 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. MR. ISACKSON: Thank you, Commissioners. CHAIRMAN McDANIEL: And with that, we are going to take a 10-minute break to give Terri a minute. MR. OCHS: Thank you. CHAIRMAN McDANIEL: Ten; we'll be back at 10:40. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, please take your seats. March 12, 2019 Page 53 Mr. Chairman, you have a live mic. Commissioner Saunders, are you on the line, sir? COMMISSIONER SAUNDERS: Yes, sir, I am. Thank you. Item #11B RECOMMENDATION TO AWARD AGREEMENT NO. 18-7474 IN THE TOTAL AMOUNT OF $77,653,700 TO THE MITCHELL & STARK CONSTRUCTION CO., INC./JOHNSON ENGINEERING, INC. TEAM FOR "DESIGN-BUILD OF NORTHEAST SERVICE AREA INTERIM WASTEWATER TREATMENT PLANT, STORAGE TANKS AND ASSOCIATED PIPELINES," WITH AUTHORIZATION TO ISSUE A LIMITED PURCHASE ORDER IN THE AMOUNT OF $1,500,000 FOR PHASE 1, FOLLOWED BY FUTURE PURCHASE ORDER MODIFICATIONS FOR THE BALANCE OF THE CONTRACT CONTINGENT UPON RECEIVING BOND FUNDING; AND AUTHORIZE STAFF TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $2,157,394 TO FORTILINE, INC. FOR PIPE NEEDED FOR CONSTRUCTION WITHIN THE BIG CORKSCREW ISLAND REGIONAL PARK SITE – APPROVED MR. OCHS: Thank you. Commissioners, we move to your next time-certain item. This is Item 11B. This is a recommendation to award an agreement with Mitchell & Stark Construction and Johnson Engineering for a design-build of the northeast service area interim wastewater treatment plant, storage tanks, and associated pipelines. Total contract cost, 77 million 653 dollars -- excuse me -- 653,700. Mr. Chmelik will take you through the presentation. MR. CHMELIK: Thank you, Commissioners. For the record, March 12, 2019 Page 54 Tom Chmelik, Public Utilities. COMMISSIONER SOLIS: I'd make a motion to approve. MR. OCHS: I know you've all heard this, but -- COMMISSIONER FIALA: I'd second it, anyway. You want to -- but then we have to hear this for legal purposes, right? No? MR. KLATZKOW: No, you don't have to. MR. OCHS: No, ma'am. CHAIRMAN McDANIEL: It's been moved and seconded that we approve the request. Are there any other -- is there any other discussion? COMMISSIONER SOLIS: Well, I mean, unless staff would like to -- MR. OCHS: No, sir. COMMISSIONER SOLIS: -- to do the presentation, I think -- MR. OCHS: The Board and the public has heard this before, so... COMMISSIONER SOLIS: Yeah, I mean, I've seen it, and it's thorough and it makes absolute sense to me, and -- CHAIRMAN McDANIEL: And, Commissioner Saunders -- we're going to let him go first -- COMMISSIONER TAYLOR: Okay. CHAIRMAN McDANIEL: -- and then Commissioner Taylor. COMMISSIONER SAUNDERS: Yes. The only question that I would have is that if some of these developments in the far eastern part of the county do not come to fruition, does that impact in any way the need for this facility? MR. CHMELIK: Yes, I'll answer that. Of course, we know that we have two developments to the far east, and if either of those go to fruition, we're good. We have pipelines going out that can serve either or both, and to the north those two developments are on a later schedule, and we're not March 12, 2019 Page 55 committing construction at this time. COMMISSIONER SAUNDERS: Let me rephrase the question. If those developments in the far eastern part of the county, even the ones that are in process now for zoning, if they do not become a reality, is this plant needed? MR. CHMELIK: Yes. And the most critical portion of this is installing pipe within the park and within the Big Corkscrew Island Regional Park so that that can begin construction in October of 2019. So it's needed there, and it's needed for future growth. COMMISSIONER SAUNDERS: All right. If it's needed for future growth excluding the potential, again, for the eastern area not to develop the way it's being described now, if that is the case, then I will second the motion. COMMISSIONER FIALA: I already seconded it. CHAIRMAN McDANIEL: It's been moved and seconded, Commissioner Saunders. But we're happy to hear your support. Commissioner Taylor. COMMISSIONER TAYLOR: Well, I'm going to follow up on Commissioner Saunders' concerns. What happens -- let's just -- this is not a -- this is something that we've gone through before in 2007/2008. What happens if these projects do not materialize for 15 years? MR. CHMELIK: Well, Commissioner, previously, in the time period that you did mention, we had constructed two pipelines on Immokalee Road all the way to 39th Avenue. That was a 36-inch water main and a 16-inch force main, and those remained unused for approximately 10 years; however, thank goodness we have them in the ground, because that's what we're relying on today. That's our backbone to use to serve into the Orangetree area, which we expanded to, and into other developments, Twin Eagles South, Twin Eagles North along the way. March 12, 2019 Page 56 So if the infrastructure goes in now, development is delayed, we will be in place for when it is in our doorstep. COMMISSIONER TAYLOR: But these projects are being paid for, in part, a significant part, by impact fees. MR. KLATZKOW: You will have a funding shortfall. If these projects don't go on line, you will have a funding shortfall, which will be made up by an increase in rates. The increase in rates will be, I think, about 2 percent. MR. CASALANGUIDA: Two to 3 percent, worst case. COMMISSIONER TAYLOR: Okay. To the users, not the users in the western part of Collier County. MR. CASALANGUIDA: Countywide sewer district, ma'am. COMMISSIONER TAYLOR: So the taxpayers would shoulder a 2 to 3 percent -- MR. KLATZKOW: The ratepayers. MR. OCHS: The ratepayers. There's a difference. COMMISSIONER TAYLOR: Ratepayers, pardon me. Excuse me. All right. MR. KLATZKOW: But if you don't do it, what you're going to have is you're going to have a balkanization of eastern Collier County, and you'll have developers putting in not to standard or not to Collier County standard utilities that ultimately the county may have to take over. COMMISSIONER TAYLOR: There's no question that we need to be out there. There's no question. It's just, I think, for full disclosure we need to postulate what might happen. Thank you very much. CHAIRMAN McDANIEL: And as a point, there are other alternative funding sources that can come with regard to this as well other than just ratepayers, other than just new growth. There are other things that, in fact, can come along to facilitate a portion of this March 12, 2019 Page 57 expense. COMMISSIONER TAYLOR: What percent of this project is paid by impact fees? MR. CHMELIK: Hundred percent. MR. BELLONE: Commissioners, for the record, Joe Bellone. Given the current construction, about two-thirds are impact-fee related and about one-third is user-fee related. COMMISSIONER TAYLOR: Thank you. So we don't have the growth, you don't have the impact fees, it's -- it is affecting a project, two-thirds of a project's financing. CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: Okay. DR. YILMAZ: Commissioner Taylor, for the record, George Yilmaz. You have very good targeted questions. What we're seeing today is one of the strategic line items that our board adopted under integrated sustainable water resources strategy, and we did have a number of action items. And we're fortunate that our County Manager's Office, as well as our board, approved a number of those prerequisite action items, including aligning our jurisdictional boundaries with our service boundaries that will give and that has given leverage to our governing board to decide if you want to have a package sewer treatment plant and/or independent districts. They don't have to go by our resiliency and utility standards. So through means and methods we've provided to you, timing's important, but more important, strategically, we're positioning ourselves to serve these four villages. Now, four villages may happen 18 months from now, 22 months from now, or two years from now or three years from now. What will happen, they will be in compliance with your utility standards; furthermore, they will be aligned with your integrated water March 12, 2019 Page 58 resources management strategy toward net zero water goal. So this is one strategic action item following this half a dozen processes that we did go through. COMMISSIONER TAYLOR: Thank you, Dr. Yilmaz. And, clearly, I support this, and your strategy, I think, is extraordinary, and I think it's far -- far-seeing or, you know, it reaches out into the future. I just think it's important to understand that because someone is trying to develop there, it doesn't always mean it moves as fast as we would like it to, but I think it's clear that there's an awareness of this, and a strategy to compensate for the cost, and it will be borne by ratepayers, but that's just what we're doing right now. DR. YILMAZ: Yes, ma'am. And one point I want to make, sooner or later they will pay the impact fees. COMMISSIONER TAYLOR: Yes. DR. YILMAZ: It's all about managing the cash flow on an annual basis at the end. When it gets to construction and when we have the rooftops, they end up with -- at the time of connection, they will all pay impact fees. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Dr. Yilmaz, if you don't mind, share with me about the redundancy, the necessity for us to have this to be able to intertwine with the balance of our wastewaters system, how close we were with the delinquency and the dilapidated condition of the Orangetree facility and how you were able to intertwine and connect with the residents that are already here. Not just -- and, I mean, you raise a good concern with regard to the potential growth, but there's a necessity for the residents that are here now -- COMMISSIONER TAYLOR: Oh, there's no question. CHAIRMAN McDANIEL: -- and that's why, if you see me March 12, 2019 Page 59 flinching when you start talking about future growth and whether or not these new people are coming or not, this is health, safety, and welfare for the people that are here now. COMMISSIONER TAYLOR: No. Well, there's no question about that. CHAIRMAN McDANIEL: And if you would, please, indulge me with regard to that and how this system ultimately is going to provide for additional redundancy for the systems that we already have in place. DR. YILMAZ: Absolutely, Commissioner. Our system, given the utility standards approved by this board, will provide same level of service all the way from Pelican Marsh, Pelican Bay, Grey Oaks, to our customer base in northeast. So under special act, we treat our customers in terms of level of service, resiliency, reliability at the same level. So having said that, this eliminates potential for package/sewer treatment plants and provides water supply, irrigation water, with sustained water resource management. Going back to your core portion of the question, indeed, now we have northeast in competition in lieu of having certain development groups being able to build their package/sewer plants and/or water plants and being able to say we will have our own standards; we don't have to follow your standards as the board. This provides uniformity in terms of resiliency as well as reliability. CHAIRMAN McDANIEL: Very good. Is there any other discussion? COMMISSIONER TAYLOR: And if I may, County Manager Ochs, I'm wondering -- because Commissioner Fiala were here, but I don't think our colleagues were here when the sustainable -- 50-year sustainable water plan -- CHAIRMAN McDANIEL: Resource. March 12, 2019 Page 60 COMMISSIONER TAYLOR: -- resource plan was brought forward by Dr. Yilmaz and his department. Maybe a brief review of that at some point in the future might be very helpful, because it's -- it's visionary, and I think it's very important for us. MR. OCHS: I'll work with the Chair to find a future agenda date for a presentation, maybe a 10-minute presentation on that. COMMISSIONER TAYLOR: Yeah. Thank you. CHAIRMAN McDANIEL: Absolutely. Absolutely. Well, let's go ahead and call the question. 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 that was a very good presentation. Item #9A RESOLUTION 2019-49/CWS RESOLUTION 2019-02: RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, (1) APPROVES THE RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE UTILITY INFRASTRUCTURE EXPANSION IN THE NORTHEAST SERVICE AREA TO SERVE FUTURE RESIDENTS AND BUSINESSES, (2) DELEGATES AUTHORITY March 12, 2019 Page 61 TO THE COUNTY MANAGER TO AWARD BONDS TO THE BIDDER THAT PROVIDES THE LOWEST INTEREST COST TO THE DISTRICT, (3) AUTHORIZES PUBLICATION OF A NOTICE OF SALE, (4) AUTHORIZES DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT, (5) APPOINTS THE PAYING AGENT AND REGISTRAR OF SAID BONDS, AND (6) AUTHORIZES AND APPROVES OTHER MATTERS RELATED TO THE BONDS, INCLUDING ALL NECESSARY BUDGET AMENDMENTS – ADOPTED MR. OCHS: Commissioners, thank you. And now we have the follow-on item on the item you just approved, and that would be Item 9A under your advertised public hearings. This is a recommendation to approve a resolution to authorize the issuance of bonds to finance utility infrastructure expansion in the northeast service area. And I will have Mr. Bellone either make a presentation or respond to questions from the Board. COMMISSIONER SOLIS: I'd make the same motion, unless there's some need to have the presentation in the record. COMMISSIONER TAYLOR: Second. COMMISSIONER SAUNDERS: I'll second it. COMMISSIONER TAYLOR: It looks like it's going to pass. MR. KLATZKOW: Presentation's always in the backup, sir. CHAIRMAN McDANIEL: It's been moved and seconded we accept the resolution that's been presented in front of us, 9A. And I don't need to read -- the recommendations of staff in the executives. Are there any other discussions? (No response.) CHAIRMAN McDANIEL: All in favor? March 12, 2019 Page 62 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. BELLONE: Thank you, Commissioners. And just for the record, I want to let you know that a bond issue of this size and this magnitude, it takes quite a few dedicated professionals to do that. On the record, I'd like to thank Derek Johnssen from Clerk's finance; Mark Isackson, chair of the Finance Committee; Sergio Masvidal from our county's financial advisors; and Steve Miller from Nabors Giblin, our bond counsel is here today to support us, and it's a huge effort, and I just wanted, on the record, to thank them for their help. CHAIRMAN McDANIEL: Thank you, sir. MR. BELLONE: Thank you. MR. OCHS: Thank you, Commissioners. We move now to your final time-certain hearing item. It's Item 11C. CHAIRMAN McDANIEL: We dropped 10 minutes, but we're doing good. We're 10 minutes behind. Item #11C RECOMMENDATION TO PROVIDE A REPORT TO THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, AS DIRECTED AT THE March 12, 2019 Page 63 FEBRUARY 12, 2019 MEETING REGARDING FIRE ASSEMBLY BASE CHARGES AS DISCUSSED DURING PUBLIC COMMENT – MOTION TO APPROVE THE “NEW” OPTION #2 – APPROVED MR. OCHS: And this is a recommendation to provide a report to the board -- Mr. Bellone, come on back here -- a report to the Board regarding the fire assembly base charges as discussed at your prior board meeting. MR. BELLONE: Good morning, Commissioners. Again, Joe Bellone, for the record. Just a brief reminder when we set to do a rate study, we have some key guidelines for the user rates. They need to be sufficient to cover the costs of operating the utility, provide for the debt services, as Mark is always very cognizant of, Capital Improvement Program, and sufficient reserves. Specifically on the fire protection fees, we were looking at the concept of they be just and equitable and aligned with a methodology that the Public Services Commission uses that's in accordance and demonstrated in the Florida Administrative Code. So where do those come from? Those guidelines come from the special act that actually created the water/sewer district. In Section 6, first paragraph states that the rates should be sufficient at all times to pay for the operating expenses to maintain the system, include the interest and principal on revenue bonds according to bond covenants, et cetera. The second section of the -- second statement in Section 6 talks about rates and fees should be just and equitable and uniform, which is the critical item that I'll focus on for uses of the same class. That becomes important, because many of the fire-assembly devices in our system that are attached to our potable water system March 12, 2019 Page 64 have a meter, some sort of volume-measuring device, and some do not. The majority do, but some do not. So the result -- and I'll go through the history of the ordinances and how those were levied before. Property owners with connected fire services that have a detector or a meter in that device have been paying these fees historically when they used water, and some have not been paying at all, have not been paying anything. There are some fire codes that are applicable here. And I think what's important to note is that fire codes require certain pressures, so many gallons per minute depending on -- very detailed, very engineering speak, if you will. I won't go into that. But many of these that require these fire connections to the potable water system require a certain number of gallons per minute, which requires the pressure in the system to be there at the time when that happens. And also the -- 62-55.360 of the Florida Administrative Code requires a community water system to provide a cross-connection control program. That includes all of the cross-connection control devices or backflow devices as you may know them that we own and we maintain as well as privately-owned systems, and all of the fire assembles that are connected to the potable water system, again, by law, are required to have a double detector check valve as a means of protecting water from passing back into the community system. So a brief history here. Way back to at least 1997 or even before and up through the most recent fiscal 2018, you'll see that the basis of any charge for any of these assemblies has been usage. So if any water passed through that device -- and, of course, it could only be measured by those numbers of connections that have a metering device. Those that had no metering device, there was no way of applying this basis. And that's what we identified as being the inequitable portion. And you can see that, back in history, some of the monthly charges -- March 12, 2019 Page 65 and I'm using 8-inch as a base because that's, as an example, that is the most prevalent of fire connections. Some are 6. We have very few 10s, but most of them are 8-inch, and these were the fees that would have been paid. Our rate consultant looked at this and said there's -- there are other utilities, and there's the Public Service Commission that does this on a much more equitable basis, backed up by Florida Administrative Code that says if you're connected to the potable water system, as your fire code requires you to be, you can -- you can charge a fire assembly protection fee based on the size of the connection to the potable water system. And that really is necessary to maintain the adequate fire flows. I'm bringing you an example, Commissioners, that I think sort of brings this to light. The First Baptist Church on Orange Blossom has a 10-inch fire service connection. And in Fiscal 2018 they actually paid a base charge twice. So they paid $5,069.80 under the prior system. Under the revised system that you approved that became effective October 1st of last year, their base charges, they'll pay 112 to the base charge per month, and the maximum they'll pay in a year is $4,059. They'll actually see a savings of about $1,000 compared to their prior-year charges. On the other hand, First Congressional Church has an 8-inch service connection. They did not make any base charge payments in FY '18 either because there's no measuring device, metering device or because they didn't actually utilize water. And, again, we've talked about utilization of water is not the basis for a charge. It's more the availability of fire suppression gallons per minute. So, really, a fixed charge, not based on usage. And their base charge is $186 and change a month or a maximum in a year of $2,239. So they'll see an increase; some will see a decrease. Below that, Commissioners, you'll see that the number of March 12, 2019 Page 66 fire-assembly devices that are attached to our potable water system in the prior rate structure that we've had for the last 20 years or so, there were 1,031 that had -- subject to base charge, based on usage, and 225 that were not subject to it ever, and this year we have 1,256 of those assemblies in our billing system receiving a small monthly base charge. The rate structure looks at the benefits that connections to our system have. Obviously, users who have waters meters for domestic use, for showering and cooking and drinking water, incur a base charge every month because they use the water every month. Those that are connected for fire protection have that availability less frequently, but it's there when they need it. Obviously, that's important. The pressures in the system are required to be much higher than they would be otherwise if we had no fire-protection systems connected to our system. We do maintain pressure to keep the very ends of our system in good operating condition. But we maintain storage capacity for when there is a fire, and that drains water out of the system. We can maintain pressures for everyone else to use by pulling water out of the storage tanks. So there's some costs associated with maintaining and filling the storage tanks and, of course, operating our higher service pumps to maintain the pressures in the system that provide this adequate pressure. The other item that I just want to bring to your attention is I talked about the cross-connection control. Every device attached to our system based on Florida Administrative Code requires a backflow prevention, preventing water from getting back into the public water supply for health and safety reasons. All of the devices have some sort of -- some sort of valves in them, reverse pressure, RPZs, or the fire assemblies have double check detector valve, a March 12, 2019 Page 67 DCDA. All of those are required to be tested annually. All of the backflow prevention devices or cross-connection control devices that the county owns, we do the inspections on those ourselves; residential, small meters are every other year. All commercial and large meters larger than three inches are required to be inspected every year, and our staff does that. On the private fire assemblies that are not owned by the county, we ask each of those property owners to have the test prepared and done, give the paperwork to us. We then combine that with our test results and prepare a consolidated report for FDEP. So, Commissioners, on the fiscal side, the current rate structure, we have about $370,000 of annual revenues anticipated for these fire assembly connections to our system. Obviously, elimination of that fee to maintain the revenue stream would require some change in the rate structure somehow. I do want to remind you that the most recent resolution that you approved in June of last year called for a 2.8 percent rate increase -- user rate increase that became effective October 21st of last year. Another 2.9 percent was approved for October 1st of 2019, and similarly the same to become effective on October 1st of 2020. I'm sure there may be other options, but we tried to outline for you three potential options for your consideration and discussion today. The first is maintain the current fire-assembly rate per that special act requirement of fees being just and equitable so that all connections pay something rather than some pay and some don't. Option 2 would be to eliminate that charge to all property owners and, again, not just some, but all, and then, again, we would have to calculate a very small increase in user rates to maintain that revenue stream. Or Option 3 we understand that it could be a burden on those who had already done their annual budgets, organizations, restaurants, churches, HOAs who have done an annual budget and March 12, 2019 Page 68 this became effective during the -- it was implemented in between, that there may be a fiscal burden for them. And one of the other options that we thought we might bring before you to discuss would be just suspending that charge to the end of this fiscal year to give those organizations an opportunity to build that into their budgets. Commissioners, that concludes my presentation. I'd be happy to answer any questions you have. CHAIRMAN McDANIEL: Commissioner Saunders? COMMISSIONER SAUNDERS: I don't have any questions right now. I'm sure we're going to have some public speakers. So I don't have any questions or comments at this moment. CHAIRMAN McDANIEL: That is correct, sir, we do have public speakers, and I think we'll go to them now. MR. MILLER: Mr. Chairman, I have two registered speakers for this item. Your first speaker is Reverend Les Wicker. He will be followed by Tom Henning. REVEREND WICKER: First of all, Commissioners, I want to thank you for listening to the public concerns regarding these fire protection meters, taking the people of Collier County seriously and sending this back for a study. I do want to say to Mr. Bellone that his example of comparing First Congressional Church to First Baptist Church may not be the best of examples. First Baptist Church has a membership of around 7,000 people. First Congressional Church has a membership of 200 people. So let's keep that in mind when we're thinking equitable -- equitability. I feel like this morning I am representing not just our church but all the places of worship in Collier County. Not only places of worship, but the nonprofits, and we have many wonderful nonprofits which serve our communities quite well. This morning you recognized and applauded the Shelter for March 12, 2019 Page 69 Abused Women, a wonderful opportunity coming to Immokalee for women that are abused along with their children. Well, guess what? If the present assessment stays in place, the moment the shelter opens, they will have a base water fee coupled with a water usage fee, and on top of that, a fire protection assessment fee, because they are large enough to require sprinklers. Both the hydrant and the fire protection meter that we have at our church were requirements of the county when we built the church in 2009, as Commissioner Fiala will remember when we finally obtained a permit to build the church. We cooperated with the county completely. We put in the fire hydrants. I think normally fire hydrants would be a part of the Utilities Department but, without question, we put in the fire hydrants and the infrastructure, our building. On top of that we were required to put in a fire protection water meter. So now we are being doubly penalized, because we are paying, as Mr. Bellone has said, a base fee, a base fee like everybody pays in Collier County. You pay it, I pay it, and the church pays the base fee. On top of the base fee -- CHAIRMAN McDANIEL: You're done now. REVEREND WICKER: -- we pay for water usage. I'm done. CHAIRMAN McDANIEL: Yes, sir. REVEREND WICKER: You've got my point. CHAIRMAN McDANIEL: Yeah. Oh, yeah; we heard you the last time. I'm glad you're here again today, sir. Thank you. REVEREND WICKER: Well, thank you so much. CHAIRMAN McDANIEL: Yes, sir. MR. MILLER: Your next and final speaker on this item is Tom Henning. MR. HENNING: Commissioners, Mr. Chairman, March 12, 2019 Page 70 Commissioner Saunders, it wasn't my intent to ever come in this room, speak before the Board. CHAIRMAN McDANIEL: How's that working out for you? MR. HENNING: Well, it just so happens I was sitting in a pew one Sunday, and I heard Les talk about this. And I thought, well, this is an opportune time for me to get together with Les and kind of explain what the fee is all about; however, he showed me two bills. One was the fire assessment fee and the other one was the general building fee. So I had an opportunity to talk to staff about this. The fire-assembly fee is there for, Leo, correct me if I'm wrong, the availability of water in case there is a fire. So what's the base fee? How do I pay that? How do I pay in -- at my place? How does Leo pay it? Well, that's in the base charge at his -- at his home. The base charge is the water from the ground all the way to his house and the storage of water in case there was a fire. So the church has a one-and-a-half-inch meter, Leo has a three-quarters meter, and the base fees are the same except for being that they're different size. The church is paying more; however, they have this fire hydrant base fee, okay, assembly fee that is equivalent to what they're paying for their other meter, including the water that they use. So they're being charged twice for fire protection, okay. Now, Mr. Bellone says the fees need to be just and reasonable, equitable, as he said. So if I go down to Jamie French and get a building permit, okay, he's not going to charge me twice. He's going to charge me once for the same service. Again, the church is paying for fire protection twice, the availability of water, and that's where, in my opinion, it is not just. It's kind of like making change out of the plate when they pass it around, you know; just don't do that. March 12, 2019 Page 71 So I never really understood the base rate because there wasn't any empirical data provided to the Board, nor was it last year, on exactly what constituted all these fees, except for what the district costs are. But the breakdown -- like Jamie French, when he does a fee, he shows you, like if it's an inspection fee, what it costs the inspector, his time, his truck, his retirement, so on and so forth, and divide it out on how many inspections he does. That never was provided. And I don't know if all of you ever understood what is in a base fee. So what I'm here asking you today is put this fee off in abeyance, come back and have something equitable, and find a way to charge Leo a water fee if he has a fire at his house. So that's what I request is let's not do this. Let's start over. Thank you. CHAIRMAN McDANIEL: Thank you, Commissioner. All right. Commissioner Fiala lit up first. COMMISSIONER FIALA: Okay. So how do you know -- I mean, if they have no fires all year long, they still have to pay one of those fees. There's three fees involved, so I'm trying to even sort out all of these different fees. I understand they have to have water readily available if they ever need it for a fire, and yet I don't know the last time that I've ever heard of a fire in a church, but -- other than a forest fire that's already engulfing it and it's not their particular church that's causing it. It's burning everybody out. But other than that, I don't even know -- I don't know that we should be charging them all of these fees. I think they're very, very high. And you're talking about different -- Reverend Wicker just mentioned about First Baptist versus First Congressional, and that's so true. There's a lot of little churches that serve just certain people that live in that area, but they can't afford that. March 12, 2019 Page 72 And I think we have to think about it rationally, too. Do they really have to pay the fee when they don't use the water out of the fire hydrant all year long? I just don't think that that's right at all, to be perfectly honest with you. And I agree with Tom Henning; I think we ought to go back to the drawing board and take another look. CHAIRMAN McDANIEL: Could you do me -- Commissioner Saunders, one second. If you would go to the slide with the three staff-presented options. And, Commissioner Saunders, I'm sorry. I went -- I went to the lights first without even calling on you, so if you -- COMMISSIONER SAUNDERS: That's okay. I'm just listening. I'm going to listen to everybody's comments. CHAIRMAN McDANIEL: Okay. COMMISSIONER SAUNDERS: I do agree with what Commissioner Fiala has just said, but I'd like to hear what everybody else has to say as well. CHAIRMAN McDANIEL: And I just would like, you know, other than -- I mean, it can become very confusing about the different fees, base fees and fire service fees and water pressure and so ons and so forth. I have expressed a concern about this since it was brought to our attention and the lack of facilities for churches and not-for-profits to be able to budget appropriately for this fee. This fee was enacted some time ago, and then we voted on it to allow staff to go forward with the implementation of this, and I didn't realize when we were voting for it the implications of that. COMMISSIONER FIALA: Me neither. CHAIRMAN McDANIEL: So, Commissioner Solis, you lit up there. COMMISSIONER SOLIS: In Option 2, eliminate the charge to March 12, 2019 Page 73 all property owners, increase user rates, and maintain the revenue stream; I understand that. Leave user rates as-is but reduce level of service to reduce operating costs with corresponding increased compliance risk. Can you explain that to me? Because that just sounds like a public-safety issue. MR. BELLONE: Commissioner, to be honest, when we establish the rate structure, we looked at all the operating costs, whether they be fixed or variable, and then try and allocate them to how they're being used, okay. So if, as an example, we were to eliminate this charge altogether and as Commissioner Henning actually had explained, you're removing that revenue source. The operating expenses are actually staying the same. Debt service is staying the same, and the Capital Improvement Program for rehabilitation of the infrastructure is staying the same. So if you're going to reduce the revenue, you've got to have an offset somewhere. Now, obviously, we're not going to put the public at risk, so we're not going to not do compliance. We're not going to not do maintenance of the system. So you've got to find that revenue source somewhere else. Yes, and it's true, everyone does pay a base charge to have water available every day when they're here. And it's set -- and, again, that's set by meter size and depending on how much water can pass through a meter. There are meter equivalencies. The three-quarter-inch meter can use 350 gallons a day, that's one ERC, that's the base. Each meter size above that has a meter equivalency that's set by Florida Plumbing Code or AWWA Manual 14. So that's what the rate consultants use to say for every meter size larger than three-quarters, there is an equivalency of how much water can pass through that. So that's how the base charges are calculated for regular domestic connections that all the customers have. CHAIRMAN McDANIEL: That's a long way to go to the fact March 12, 2019 Page 74 that I think if we were to adopt Option 2, the second bullet point there wouldn't be part of this discussion? MR. BELLONE: No, not at all. COMMISSIONER SOLIS: Oh, okay. Okay. That's what I -- so that's -- CHAIRMAN McDANIEL: That's -- COMMISSIONER SOLIS: That's not part of Option 2 is -- MR. BELLONE: No. Option 2, as you see on the screen, is eliminate the charge and find a way to supplement that revenue loss. CHAIRMAN McDANIEL: With an increase in rates. COMMISSIONER SOLIS: Okay. I'm sorry. I'm looking in the agenda. MR. OCHS: It's been edited since your packet came out. COMMISSIONER SOLIS: Okay. I'm sorry. I apologize. I pulled it up and it -- CHAIRMAN McDANIEL: Because in our -- I'm actually looking at it on the agenda as well, and that second bullet point that was a portion of the packages is -- COMMISSIONER SOLIS: Okay. I apologize. CHAIRMAN McDANIEL: -- is happily gone. I think we talked about that yesterday, didn't we? MR. OCHS: We did. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: So the pressure to put water in your house is different than the pressure that you would use in a fire; is that correct? Am I understanding this correctly? MR. BELLONE: Yes, yes, Commissioner. That's correct. COMMISSIONER TAYLOR: And the size -- so as a homeowner, I'm only -- I only have one charge, that water charge. I don't have a fire-assembly charge. MR. BELLONE: That's correct. March 12, 2019 Page 75 COMMISSIONER TAYLOR: So why does commercial properties, including churches, et cetera, have a different need than a homeowner? MR. BELLONE: They have a separate connection. It's a dedicated fire service with a much larger connection to the potable water mains that allow the required amount of water to pass through to fight a fire, and those are set by the numbers of gallons per minutes, as I said, per the fire code that is required for that fire protection system. COMMISSIONER SOLIS: That's connected to the sprinklers and -- MR. BELLONE: Either sprinklers or fire hydrants that are on the private property. COMMISSIONER SOLIS: Okay. COMMISSIONER TAYLOR: Okay. And that's why, because the commercial property, of course, has different needs. So let's just say that someone has a, I don't know, 5,000-square-foot house and they want to put sprinklers in their house, are they charged a fire-assembly charge? MR. BELLONE: The engineer of record would look at the fire protection system. If it wasn't required by fire code but you wanted one to protect your home, the engineer of record would choose the device to provide the property appropriate fire flows for that. So if it's a single-family home, 5,000 square feet, again, as an engineer -- I'm not an engineer. I don't know what the fire flows would be for something like that. But you would want a dedicated fire service so that you had the adequate fire flows. If you have -- a 5,000-square-foot house is probably going to have a one-inch meter. It probably provides enough for showers and toilets and dishwashers and those sort of things. A private fire -- or a separate fire connection would probably be larger than that to provide March 12, 2019 Page 76 the adequate pressures to run the sprinklers. So there would be a separate -- there would be a separate connection. COMMISSIONER TAYLOR: So that's why in condominiums, a condominium building they may be smaller square foot, but there's a lot of them. That's why these meters are put in there. MR. BELLONE: And Nick and I were talking about this, where I live it's a three-plex, so there are three units in one condo building. Because we're interconnected, we're required by code now to have sprinklers. And so I have a -- I have an individual three-quarter-inch meter that feeds my domestic use, and there's a 2-inch fire connection that provides a sprinkler system to the three units that are in the building. So there are two. COMMISSIONER TAYLOR: Do we have an option as a county to ignore the fire code? MR. OCHS: No. COMMISSIONER TAYLOR: Requirement? We don't, do we? CHAIRMAN McDANIEL: It's statute. MR. OCHS: It's Florida Building Code. COMMISSIONER TAYLOR: It's Florida Building Code. MR. OCHS: That's what you follow. COMMISSIONER TAYLOR: Okay. What we do have the option is to determine the rates that are being charged. MR. BELLONE: Yes, Commissioners. As the ex officio governing board of the water/sewer district, you have sole discretion on rates. COMMISSIONER TAYLOR: And those rates are recommended by staff based on the expenses that are incurred countywide to maintain this system; is that correct? MR. BELLONE: The rate consultant takes about six months to analyze the expenses, the recent expenses, and going back five years March 12, 2019 Page 77 and then takes those and projects them going forward, and it looks at every one of our charges. It may look at water distribution and say how much salaries do you have? What are the medical benefits? What are the operating costs involved in operating that particular department or that particular section within that division? And it does that for every single employee of the utility, what charges they have, what is the benefit to the system, and then they separate that into these separate charges. CHAIRMAN McDANIEL: I have a question, and I'm inclined to lean towards Option 2, but the question is, you've represented some of the ratepayers have paid fees. If we were to adopt Option 2, how would the -- how would that be managed for those that had paid and those who had not? MR. BELLONE: Commissioners, if you were to eliminate it going forward, there would be no further charges going forward. CHAIRMAN McDANIEL: So we're not going to retroactively go back for those that had paid and -- MR. OCHS: We wouldn't recommend that, sir. MR. BELLONE: We wouldn't recommend that. CHAIRMAN McDANIEL: That was a question I had. You used the example of First Baptist and our other -- I'm sorry, I forgot the name of the church for the minute, but I'm inclined to go there. That was a question that I had as to how to manage it, and I think that necessarily takes care of our not-for-profits and churches and protection. COMMISSIONER SAUNDERS: And, Mr. Chairman? CHAIRMAN McDANIEL: Yes, sir. COMMISSIONER SAUNDERS: Can I make a comment? I think I agree with you, and part of my rationale is that we all benefit countywide from fire-suppression services. So, for example, you may live out in a single-family home in Golden Gate Estates, but March 12, 2019 Page 78 you're going to be in churches from time to time, you're going to be in movie theaters, you're going to be in shopping centers, and so we're all protected by having fire-suppression systems in these public spaces, whether they be not-for-profit or for-profit. And so I think that the rationale for saying let's spread those costs out amongst all of the ratepayers because, again, we all benefit from it. So I think I would support you on your conclusion that a No. 2 option, spread these costs out to all of the ratepayers as a countywide benefit, I think, makes sense. CHAIRMAN McDANIEL: Well, then I'll make that a motion. COMMISSIONER FIALA: I'll second it. COMMISSIONER SAUNDER: Well, then I'll second it. CHAIRMAN McDANIEL: Okay. It's been moved and seconded that we apply the new Option 2 that was -- I haven't gone to -- we'll go to -- COMMISSIONER SOLIS: Discussion? CHAIRMAN McDANIEL: -- discussion in a second. So it's been moved and seconded that we apply the new printed Option 2 as the resolution to this circumstance. Now we'll have discussion. COMMISSIONER SOLIS: Just -- just to make sure I understand, I've looked at this from both sides. If we take Option 2, then everyone in the county that is hooked up to the water system will pay an additional charge on their basic water bill that will cover the loss of revenue from these fire-assembly charges. MR. OCHS: Yes. COMMISSIONER McDANIEL: And so -- and that will -- for example, a residential single-family home doesn't have any sprinklers, doesn't -- that will -- they will pay more to help defray the costs for commercial properties that have sprinklers and other kinds of fire-suppression systems. March 12, 2019 Page 79 MR. OCHS: Correct. CHAIRMAN McDANIEL: Do you have an estimate as to what that expense might be? It's says here that it is a small -- COMMISSIONER SOLIS: Three hundred and -- COMMISSIONER FIALA: Three dollars annually. MR. BELLONE: It's small. To make up $370,000 in revenue, on a basic single-family home that uses 5,000 gallons -- again, this is our standard, kind of, measurement. A single-family home with a three-quarter-inch meter that uses 5,000 gallons, their average bill is just under $100. And we estimate to make up $370,000 would be about a .25 percent rate increase. It's about $3 a year. COMMISSIONER SOLIS: Three dollars a year? CHAIRMAN McDANIEL: Correct. MR. BELLONE: It's a large base, a large customer base, Commissioners. MR. OCHS: Yeah. I mean, if you're a commercial, you're going to pay -- MR. BELLONE: You can pay more. MR. OCHS: -- considerably more -- COMMISSIONER SOLIS: Right. MR. OCHS: -- but the average residential is about $3 a year. COMMISSIONER SOLIS: The increase will apply to commercial properties as well? MR. OCHS: All accounts, yes; all ratepayers. COMMISSIONER TAYLOR: But the commercial properties would be paying a fire-assembly charge. MR. BELLONE: Well, we would eliminate the fee entirely, so... COMMISSIONER SOLIS: We would eliminate that. COMMISSIONER TAYLOR: No, no, no. But right now they are paying it. March 12, 2019 Page 80 COMMISSIONER SOLIS: Right. COMMISSIONER TAYLOR: So they -- it's a lot better? COMMISSIONER SOLIS: Yeah, they're -- COMMISSIONER TAYLOR: They're making out. COMMISSIONER SOLIS: Their overall bill is going to go down because we're spreading it all over for everybody. COMMISSIONER TAYLOR: That's right. CHAIRMAN McDANIEL: Not-for-profits, everybody. COMMISSIONER SOLIS: Right. It's not just churches and not-for-profits. It's for all the commercial properties. MR. BELLONE: Commissioners, if you think, about 86 percent of our customer base are single-family, three-quarter-inch connections to our system. CHAIRMAN McDANIEL: And as Commissioner Saunders put, you know, there's a benefit to everyone, all of the residents of Collier County for the fire-suppression availability in commercial facilities as well. Yes, ma'am. COMMISSIONER FIALA: Just out of curiosity's sake -- MR. OCHS: Commissioner, we can't hear you. COMMISSIONER FIALA: Oh, I'm sorry. Just out of curiosity's sake -- I understand with forest fires or something that we have absolutely no control over, and they can go crazy. That's one thing. How many house fires or church fires do we have a year? Yeah. I know you have to have the water available, but how many times do we need it? I'm just curious. I mean, this is -- it's a big amount coming in, but I don't know if we use it. MR. BELLONE: Well, Commissioner, actually, we do use it to maintain the pressure in the system. You'll remember the fires on 951 a little more than a year ago -- I don't know exactly the timing. March 12, 2019 Page 81 That was a huge drain on the system. Now, those were from fire hydrants on the water supply, but that did drain water out of the system, and our plants had to gear up. We had to drain water out of the tanks to fill the system so that if Leo wanted to use water, if we're using him as an example, he still had water to -- you know, to brush his teeth to come to work while the fires were being fought, you know, on 951. The other example is the Publix on the Randall Curve. You'll remember that they were delayed for a long time because they could not pass the fire test. Pressures were not adequate coming from the Orangetree. When we took over, we rehabbed the high service pump. We have that working harder. That's using more electricity. The pumps work longer and harder. It increases the electricity cost. They passed their fire test, and they got their CO. COMMISSIONER FIALA: So my point is that it's better that we're spreading it out through everyone for three bucks a year rather than charging the churches? MR. BELLONE: That's -- Commissioners, that's your -- COMMISSIONER SOLIS: Well, it's not only -- but it's not only the churches. COMMISSIONER FIALA: I know. It's the other -- COMMISSIONER SOLIS: It's all commercial properties. COMMISSIONER FIALA: That's what I mean. Well, I stated churches, but we were talking also about non-for-profits and everybody else. COMMISSIONER SOLIS: And for-profit. CHAIRMAN McDANIEL: For-profit, commercial -- COMMISSIONER SOLIS: Everybody. CHAIRMAN McDANIEL: -- facilities, everybody, and we are -- COMMISSIONER TAYLOR: Restaurants. March 12, 2019 Page 82 CHAIRMAN McDANIEL: -- adhering to the Florida Statute requisites to have to have fire suppression in commercial facilities, so -- and that's the public benefit that comes by spreading this out. Commissioner Solis. COMMISSIONER SOLIS: I'm just curious, have you looked at what other counties are -- how they handle this? I mean, what's -- MR. BELLONE: I spoke to Bob Middleton, who's the utilities director for the City of Naples, and all of their fire assemblies have metering devices, have measuring devices in them, and he charges each of them an administrative fee on an annual basis to read the meters. That's his workaround. MR. OCHS: Plus usage. MR. BELLONE: Plus usage. COMMISSIONER SOLIS: Plus usage. So it's sort of like the system we have, and there's no distinction between nonprofits or for profits or anything? MR. BELLONE: No, sir. All he said. There are about 300 connections, and they're all charged an administrative fee. COMMISSIONER SOLIS: Any idea what Lee County does, just out of curiosity? MR. BELLONE: No, sir. I mean, our rate consultant was using the Florida Administrative Code for the code that the Public Services Commission uses for regulating other utilities -- COMMISSIONER McDANIEL: Okay. MR. BELLONE: -- since it has a basis in the administrative code. COMMISSIONER SOLIS: Right. Just curious. Thanks. CHAIRMAN McDANIEL: All right. It's been moved and seconded that Option 2 be adopted. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? March 12, 2019 Page 83 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. BELLONE: Thank you, Commissioners. CHAIRMAN McDANIEL: Thank you. Item #10A RECOMMENDATION TO APPOINT TWO COMMISSIONERS AS REGULAR MEMBERS, AND THREE COMMISSIONERS AS ALTERNATE MEMBERS, FOR A ONE-YEAR PERIOD ON THE VALUE ADJUSTMENT BOARD – MOTION FOR COMMISSIONER SAUNDERS AND COMMISSIONER SOLIS TO CONTINUE AS REGULAR MEMBERS – APPROVED MR. OCHS: Mr. Chairman, that takes us back to Board of County Commissioners. Item 10A is a recommendation to appoint two commissioners as regular members and three commissioners as alternate members for a one-year period on the Value Adjustment Board. COMMISSIONER FIALA: When do they meet, Leo? COMMISSIONER SOLIS: Excuse me. I chuckled. COMMISSIONER FIALA: I noticed. MR. OCHS: Yeah. I mean, Commissioner Solis could probably tell you since he's serving currently, and I know Commissioner Saunders did. March 12, 2019 Page 84 COMMISSIONER TAYLOR: He does such a fine job -- COMMISSIONER SOLIS: No, I think someone else -- COMMISSIONER FIALA: Oh, that's a good idea. COMMISSIONER SOLIS: I'm going to -- I'm going to move -- I'll make a motion. How's that? CHAIRMAN McDANIEL: I'm not going to accept a motion. COMMISSIONER TAYLOR: No, no, no. You can't name anyone. CHAIRMAN McDANIEL: Not from you or Commissioner -- I'm temporarily -- COMMISSIONER SOLIS: There's no conflict of interest on me -- CHAIRMAN McDANIEL: Temporarily -- COMMISSIONER SOLIS: -- making a motion, is there? CHAIRMAN McDANIEL: -- closing the option for Commissioner Saunders to speak right now. MR. KLATZKOW: It is not a conflict of interest. You can draw straws if you want. COMMISSIONER TAYLOR: Wait, wait, wait. COMMISSIONER SAUNDERS: I have no problem continuing to serve on the Value Adjustment Board. CHAIRMAN McDANIEL: Oh, outstanding. COMMISSIONER FIALA: Good, okay. He can be chairman. COMMISSIONER SOLIS: He's the chairman, right. He's the chairman right now. COMMISSIONER FIALA: Oh, is he? Good, he can stay. COMMISSIONER SOLIS: No, I'm joking. I'll -- if it's the pleasure of the Board, I'll continue. COMMISSIONER FIALA: When do they meet? Do they meet in the summer? COMMISSIONER SOLIS: I think we meet twice at least or it March 12, 2019 Page 85 may be three times throughout the summer mainly, right? I think the last meeting when Commissioner Saunders took over as chair ended in record time. I think maybe 30 minutes. CHAIRMAN McDANIEL: So I'm going to make a motion that the two commissioners currently serving continue on. COMMISSIONER FIALA: I'll second the motion, yeah. CHAIRMAN McDANIEL: And we're not going to open up for any further discussion. COMMISSIONER FIALA: Excuse me. CHAIRMAN McDANIEL: Is there any further 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. There we go. MR. OCHS: Thank you. CHAIRMAN McDANIEL: Thank you for your service, gentlemen. COMMISSIONER TAYLOR: Just as a note, because we're all kind of waiting for you to pass the gavel, sir, the way the -- I don't know if it was the executive summary, but there was a letter, and the way the letter was written it was like, these men need a break. They've been on here too long. Where are the rest of you? And so I was really prepared for that, so thank you very much, Commissioner Saunders and Commissioner Solis, for continuing. CHAIRMAN McDANIEL: He was about to go down that path, March 12, 2019 Page 86 but we didn't let him. COMMISSIONER SOLIS: You know, I think one of the things to say is that, I think the Property Appraiser does a good job with people that file petitions and have concerns about their assessments and things, and most of it is all worked out either with the Property Appraiser or -- and/or through the magistrate's process. There's a magistrate that hears a lot of them. So I don't know that we actually had to hear anything last year. But I think it's a testament to the Property Appraiser's staff and our staff working with everyone. Item #10B RECOMMENDATION TO DIRECT THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK FOR A PUBLIC HEARING AN ORDINANCE TO BE KNOWN AS “THE COLLIER COUNTY PROPERTY ASSESSED CLEAN ENERGY (PACE) CONSUMER PROTECTION ORDINANCE” – MOTION FOR THE COUNTY MANAGER TO BRING BACK A PROPOSED NOTICE FOR PROVIDERS TO ENACT THE 90 DAY TERMINATION CLAUSE OF THE RESIDENTIAL PROGRAM ONLY AND STAFF TO PROVIDE DATA ON THE EXISTING PROGRAM AT NEXT MEETING – APPROVED MR. OCHS: Mr. Chairman, that takes us to Item 10B, which is a recommendation to direct the County Attorney to advertise and bring back for a possible -- excuse me -- for a public hearing an ordinance to be known as the Collier County Property Assessed Clean Energy Consumer Protection Ordinance. I believe Commissioner Taylor brought this forward. COMMISSIONER TAYLOR: Yes. Thank you very much. March 12, 2019 Page 87 And I did work with the County Attorney on this and, specifically, there has been concerns from the community. I certainly, as we all did, have been reading the front page of the Naples Daily News about one contractor in particular and the problems that people have incurred under his business plan, and then Habitat for Humanity came in and spoke to me, and I'm fairly sure a lot of us, at length about the challenges that their tenants and their homeowners have had. And I just think at some point accountability needs to be brought into this mixture, and I'm hoping that there's an agreement by this board to move this ordinance to be advertised. And that's -- basically, I think what it does is put the PACE provider responsible for the action of their contractors, and that's it in a nutshell. And I think that can only bode well. CHAIRMAN McDANIEL: You want to go before public speakers? COMMISSIONER FIALA: Yes. CHAIRMAN McDANIEL: Okay. Commissioner Fiala. COMMISSIONER FIALA: Commissioner Taylor, you and I had very strong feelings about this when it came before us in the first place. We both voted against it because we felt that the people that it would appeal to is the people who are disadvantaged who are maybe in the poor category or elderly who don't understand it, and then when they would go in there and say -- and it's endorsed by the county, that even looks worse. That's what we hated to see as well. And just as we had thought, that's exactly where they went. They went to the elderly. They went to the Habitat for Humanity. They went to the poor communities and, of course, when they don't pay, as it says right there, then they take their house. And I did not like the program in the beginning, couldn't vote for it, and objected bitterly to it, and so did you. And I still do. And I March 12, 2019 Page 88 don't know -- I don't know that we can take it back, but I sure want to cripple it in any way I can. CHAIRMAN McDANIEL: Thank you. And now we do have public speakers. MR. MILLER: Mr. Chairman, we have four registered speakers for this item. Your first speaker is Devesh Nirmul, to be followed by Lisa Lefkow. MR. NIRMUL: Good morning. Devesh Nirmul. I represent the Florida PACE funding agency special financing PACE district and Counterpointe Energy Solutions. I reside out of Tampa, Florida. I'm here -- I did have a chance to discuss with the other PACE districts the ordinance that's on the table. We do support the codification of consumer protections. We did have a chance to speak with -- several of us from different districts, with Jamie French earlier today on the expectations and observations around consumer protections. We'd like the opportunity to sit down with all of the commission, with staff, the County Attorney, the Building Department, Growth Management, to go over our existing consumer protection policies and programs and exactly how we interact with the customer and the contractor and make sure that that's all clarified and clear. There is a baseline set of protections that exist with PACE that don't exist with other financing mechanisms. We want to make sure that that is understood, as well as the thoughts and feedback you-all have on the program here in Collier County. Thank you so much. MR. MILLER: Your next speaker is Lisa Lefkow. She'll be followed by Mike Schumann. MS. LEFKOW: Good morning, Commissioners. Normally you see me here supporting Habitat for Humanity initiatives. Today I'm speaking on behalf of the wider community regarding this program. March 12, 2019 Page 89 You know, with no income verification, no loan-to-value assessment, no credit check, high interest rates, what has resulted are Triple A rated loans with the county serving as the collection agent, and information gathered widely on the PACE program and how it has been enacted and used across the United States, what we have is an assessment rather than loan, and the PACE program historically has not had to provide homeowners the same levels of disclosure about financing costs that traditional lenders must provide. These problems create a situation in which homeowners suddenly owe far more in property taxes than they can afford to repay, and this is especially true for retirees, for disabled homeowners, or those on fixed incomes. Interest rates for PACE programs are generally 3 to 4 percent higher than for traditional mortgage loans with an additional administrative cost that bumps that up closer to 5 percent. Many buyers and sellers have had difficulty with the sales of homes with PACE tax assessments. From the fine and verifiable source of Wikipedia, homeowners have complained that PACE contractors are lying about the costs of financing as a part of selling the program, and these problems create a situation in which homeowners can suddenly owe far more than what they're able to repay. Homeowners have reported that there are massive differences between the lump sum of payment required with the first assessment and nowhere near the monthly reported costs evaluated in their escrow. Problem with PACE for both residential lenders and consumers is that the tax liens for PACE financing take priority over other lienholders, and those lienholders, as has happened with Habitat for Humanity, may not be notified or given an opportunity to object. Freddie Mae and Fannie -- sorry, Fanny Mae -- March 12, 2019 Page 90 COMMISSIONER SOLIS: Fannie Mae and Freddie Mac. MS. LEFKOW: Thank you. They have both refused to purchase or underwrite loans with existing PACE tax assessments. They are not eligible for FHA insured financing, as the CFPB is currently undergoing a review of PACE financing. I am here from my perspective as a local lender with a portfolio of over 2,000 low-income households, and the best practices by the Department of Energy which have been spelled out have not been followed. I would urge you not only to do some more work on evaluating this program and how it is locally used, but review what we can do to continue to serve disadvantaged, low-wage, low-income, and elderly households in a way that is far more appropriate than what this program has allowed. Thank you. MR. MILLER: Your next speaker is Mike Schumann. He will be followed by Elena Mula. MR. SCHUMANN: Commissioners, my name is Mike Schumann. Just a little bit of history. I was involved about 10 years ago when Jim Coletta was on the Board, and I was a volunteer for SCORE, and this was in the depth of the big depression. We had massive numbers of homeowners that were underwater that had no ability to get any financing for anything. We had a construction industry where it had massive unemployment, and there were a number of us that looked at the potential for using PACE as a way to make it possible for homeowners to get financing and to do energy improvements and to use that as a stimulus to get the construction industry back on its feet. And at the time what we were proposing was a program where the county would issue general revenue bonds at very, very attractive March 12, 2019 Page 91 interest rates and then make those funds available to homeowners in order to kick-start the economy. That was the concept that we were pushing. That is not what PACE is today. The county at that time decided you didn't want to get involved in creating the bureaucracy that would have been required, which I'm not faulting you for, but the PACE statute, basically, sat on the shelf and nobody did anything with it until a couple of years ago. And it was a couple years ago that not only in Florida but also California and some other states around the country, some clever Wall Street financiers figured out that this is a way to make a lot of money at no risk, and it's become a honey pot that has attracted not only a bunch of Wall Street loan sharks, but also a bunch of contractors who have no scruples and just want to basically sell products to unsuspecting people that really don't know any better. And reviewing the discussion that you had a couple years ago when you approved this, Commissioner Fiala and Commissioner Taylor, what you predicted was going to happen is exactly what happened. And I guess what I'd like to suggest is that this ordinance that's on the table today is totally inadequate to solve the problem. It's a Band-Aid, okay. What really needs to happen is the PACE program either needs to completely be shut down, or we need to have a moratorium and re-think it and put some real protections in place. And the number-one thing that needs to be put in place is a cap either on the interest rate on these mortgages or a limit so that, you know, you can't have a PACE mortgage that's more than 50 percent of the regular property tax the taxpayer's paying. Because right now we've got taxpayers that had $300 property tax, annual property tax payments, that all of a sudden are paying 3- to $4,000 a year. So these people are going to lose their homes. Thank you very much. March 12, 2019 Page 92 MR. MILLER: Your final registered speaker on this item is Elena Mula. MS. MULA: Thank you very much. It's Mula. And I think I've emailed all of you, so here is -- here's the face to the emails; I appreciate it. My name is Elena Mula, and I am an attorney, an executive with close to 30 years in the infrastructure, energy, and finance sector who also happens to hold a master's degree in public finance administration. I moved to Naples from Washington, D.C., in 2014, and I thank you for your stewardship of our wonderful community. I am also, as Lisa Lefkow and Mr. Schumann stated, concerned with the PACE program and the scrupulous (sic) practices being undertaken in the name of energy efficiency. This has nothing to do with energy efficiency where regulations of such programs, among other things, do not require contractors to prove how product expenditures will improve energy efficiency, which is the stated purpose of these PACE programs and, therefore, have, in many cases, simply become a way for many unscrupulous contractors and lenders to get around existing home-equity and personal-loan regulations. Since PACE programs have a cloak of approval, authorization by the government, individuals assume that these contain fair terms and conditions. They do not. I looked at the proposed legislation. I find it to be lacking, and either we completely strengthen it, or we are going to face foreclosures of our elderly folks that are disadvantaged, and either -- again, we either shut it down -- and this is coming from an energy executive, believe me -- or we strengthen the regulations significantly. Thank you very much. MR. MILLER: That was your final speaker on this item. COMMISSIONER SAUNDERS: Mr. Chairman? March 12, 2019 Page 93 CHAIRMAN McDANIEL: Yes, sir. COMMISSIONER SAUNDERS: Let me make a comment, if I might, because I was one of the proponents of the PACE program. I had indicated that I had actually represented in the past one of the PACE providers that I was very familiar with; they were very good at taking a look at contracts, making sure that everyone fully understood all of the terms and conditions of the loans, making sure that the contractors completed their work sufficiently to where the contractors were paid and not approving contractors that violated those -- as a matter of fact, this particular provider had disqualified Bruno as an example of a contractor that wasn't doing the right thing. However, there are apparently some bad apples in this program. And I think the appropriate approach -- and I'll make this as a motion for consideration. I think the appropriate approach is to end the program. If we're going to have bad actors, they're going to spoil it for good actors but, unfortunately, that's what we're dealing with here. So I've read the ordinance that has been drafted. Quite frankly, I agree with some of the comments. It goes part of the way, but perhaps not far enough to protect consumers, and I think the only way to protect consumers is let's just have staff come back with an ordinance to end the PACE program going forward. I'll make that in the form of a motion. COMMISSIONER TAYLOR: I'll second that motion, sir, if that's a second -- I'll second that motion, sir, if that's a second (sic) -- if that's a motion you made. COMMISSIONER SAUNDERS: Yes, that is a motion. CHAIRMAN McDANIEL: All right. It's been moved and seconded, and I have a couple of lights that are up here as well that we -- now, are you suspending it or putting on -- are you specific -- are we ending it indefinitely, or are you proposing a term March 12, 2019 Page 94 moratorium? COMMISSIONER SAUNDERS: Well, there's some legal issues associated with it. Obviously, this would not impact existing mortgages and loans, but I would want to put the PACE providers on notice going forward as far as from today forward that we're going to end the program; that staff's going to have to come back with us with ordinances or information on how we can do that. MR. KLATZKOW: You have a 90-day termination clause in all your agreements with the PACE providers. COMMISSIONER TAYLOR: Great. CHAIRMAN McDANIEL: All right. It's been moved -- COMMISSIONER SAUNDER: Then I think we should emphasize that. CHAIRMAN McDANIEL: It's an indefinite suspension? COMMISSIONER TAYLOR: Yes. CHAIRMAN McDANIEL: Okay. COMMISSIONER SAUNDERS: Suspension of the program. COMMISSIONER FIALA: We were going to not end it? COMMISSIONER TAYLOR: We're ending it. It's not suspended. COMMISSIONER SAUNDERS: It's an ending of the program. COMMISSIONER FIALA: Okay. That's what I thought. CHAIRMAN McDANIEL: That's different than an indefinite suspension, and we can't really enact that for 90 days. COMMISSIONER FIALA: Well, we start it today, though. MR. KLATZKOW: You would -- I would suggest if this is the direction the Board wishes to go, you ask the County Manager to bring back an item for the next meeting, and you can send out a -- the item would be to send out a notice of termination to the PACE providers. The notice would be effective in 90 days. COMMISSIONER TAYLOR: And then what about -- March 12, 2019 Page 95 CHAIRMAN McDANIEL: Hold on one second. COMMISSIONER TAYLOR: Can we do anything to notify -- CHAIRMAN McDANIEL: There are other people that are up here that wish to speak before we go there. COMMISSIONER SAUNDERS: Just to clarify then, the motion is -- has been modified based on the comments from the County Attorney. I would ask that you come back at the next meeting, provide official notice that we're starting the 90-day clock starting today, and come back with whatever documentation or resolutions that are necessary to formalize that at our next meeting. CHAIRMAN McDANIEL: You good with that second? COMMISSIONER TAYLOR: Oh, yes. I'm very happy with that. But I do have a question about -- and I don't know if we need to incorporate it in the motion. I think we need to somehow notify our residents. They all have utility bills. I don't know how to do this but certainly something could be notified to them that there -- that the PACE program is going away. COMMISSIONER SAUNDERS: There will be an article in the paper tomorrow, most likely. COMMISSIONER TAYLOR: Yeah, but they don't all read the paper. I wish they did. COMMISSIONER FIALA: They don't read the paper, and many don't -- I don't even know if televisions are going to be putting it on or so -- and then they might not be in front of the TV at that moment. MR. KLATZKOW: Your agreement provides that on the date that the authority receives the termination notice, they will no longer be taking new applications. COMMISSIONER TAYLOR: So it's 90 days, but the date that they are noticed that they have 90 days to close out -- MR. KLATZKOW: No more new. March 12, 2019 Page 96 COMMISSIONER TAYLOR: No more. MR. KLATZKOW: Yeah, the program effectively ends with your termination notice. COMMISSIONER TAYLOR: And that 90-day notice -- MR. KLATZKOW: It gives them a wind-up period. COMMISSIONER TAYLOR: Okay. All right. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: I was like, Commissioner Saunders, one of the commissioners that voted in favor of it because I understood it to be a viable alternative that some people could take advantage of under the right situations. And so now we've got all these reports of bad actors, bad contractors pushing these on people who maybe shouldn't be using them. I mean, there's bad actors in that regard in terms of mortgage financing as well. I mean, that's one of the things that led to the recession, as I understand it. But what I just want to make sure -- and I'm going to support the motion, but I want to make sure that I understand -- I mean, in terms of the -- and I don't know if we have any statistics, and maybe somebody -- the gentlemen from the districts can answer this. I mean, in terms of the total number of PACE loans or whatever we're going to call them, I mean, how many of these have resulted in complaints in terms of -- you know, how many of them have been problematic, and how many of them have actually worked as an option for people? I'm just curious, because I don't want to throw the baby out with the bathwater. I don't know if that's the right phrase. But I just want to make sure that I understand that the detriment outweighs the benefit of having the program. I just want to make sure I'm making a well-reasoned decision, not just based upon what's in the newspaper. March 12, 2019 Page 97 CHAIRMAN McDANIEL: If I might address that. We're not going back to the public to have any more comment unless somebody has a specific question for somebody. I -- when I was approached, or when I read this, I actually went to our staff, Jamie French -- and, by the way, I was one of the -- also one of the supporters of this original program and the premise behind it, being able to assist those that might be in need. Certainly, we're not going to willfully, on purpose, allow for bad things to happen to people, but I'm also -- I expressed concern with regard to the amount of PACE loans that have, in fact, been done and how many are in default. And the difficulty with that aspect of it, Commissioner Solis -- and I think, County Manager, you disseminated this email to all of us. I don't know if you had -- you've been a little bit busy. COMMISSIONER SOLIS: Right. MR. OCHS: I do have it here, sir, and, you're right, it did get distributed to all the board members. I'll put it up on the visualizer for reference. CHAIRMAN McDANIEL: And the issue that we're having is the program's only necessarily been available for a year. And the way the assessments are derived and the securitization is derived, you don't have any default or deficiencies until the ensuing tax year, in fact, comes around, so you don't really know, one; two, they all haven't been put into the public record with regard to how far long we are. Now, I did receive an email from the government liaison with Ygrene -- one of the PACE providers, financiers, and she had shared that the numbers were considerably higher than what our staff currently has available with regard to the 138 PACE assessments so far that are currently on the tax rolls. I think we're close to 400, per her, that are out there right now, so... March 12, 2019 Page 98 And Ygrene being the largest supplier of those loans, so... COMMISSIONER SOLIS: Is there any tracking of this at the state level? CHAIRMAN McDANIEL: Well -- and I wanted to share this with you. It's not -- it was at -- it's at the state and the federal level. I assumed Commissioner Fiala's position on the EELU as our representative for NACo, the National Association of Counties, and I attended a joint luncheon last week while I was in D.C. two weeks ago and with the resilient county's steering committee, and there are federal rule-making processes going on right now with regard to PACE to provide greater protection that are coming from the -- that are coming down through the -- it was suggested at that luncheon that those rule-making sessions are going on with the Consumer Protection Agency from a federal level, because there are -- because this program's been around a long time. I mean, this isn't -- it's new to Collier County, but the PACE program has been available throughout the country, in my understanding, for close to 15 years, so... And I, like you, when we talked about this, expressed concerns about the bad apple and how do we provide for sufficient protection for folks who potentially could be taken advantage of? And I was -- originally, you know, I wasn't in favor of the ordinance as it -- as Commissioner Taylor, in fact, brought it forward and thought that it could be enhanced to be able to allow this program -- because there are folks who are receiving benefit from this program that couldn't/can't necessarily go to an institutional lender and get a loan. There are folks who can and choose to utilize it as well and have derived a value from it, and I just -- I'm concerned that we haven't gotten enough information to -- now, on the same token, how far do we want to go? One person being taken advantage of is too much, so -- and that's a rationale for maybe a suspension of the program for March 12, 2019 Page 99 a period of time until further regulation, further observation can be ascertained, actual physical complaints with the amount of -- with the amount of participants that are in it have taken advantage of the program. I mean, there's been suggestions of other things that could, in fact, be done that might be able to offer assistance to people that are, in fact, in need. So I'm hesitant. I'm hesitant just because of what I know's going on with the -- at the federal level, with the Consumer Protection Agency. And we haven't had any of the 400 other people that have participated in PACE, these PACE programs, come and speak with us that might be happy; that might have been satisfied with what they've received, both in value and expense and so on, so... And then there's that. Commissioner Taylor, you lit up. COMMISSIONER TAYLOR: Yeah, just a quick question, and then I think I'd like a -- kind of an overview from Mr. French. But does -- this termination of the program, does it apply both to commercial and residential? MR. KLATZKOW: Yes. COMMISSIONER TAYLOR: Okay. We can't have one without the other? MR. KLATZKOW: Oh, you can have one without the other. COMMISSIONER TAYLOR: I think, from what I'm understanding, the commercial is not so difficult because, frankly, they're in business, and they look at it as a business proposition; whereas, the homeowner is pushed into a -- now, is -- the program is described as a way to save money with the idea that it might be 5 percent more expensive than going to a bank and, oh, by the way, these energy-efficient things you have in your home might outlast you, and, finally, yeah, if you -- don't worry about it, because if you March 12, 2019 Page 100 can't pay your debts, we'll just take your house; where the commercial is very different. And so I'd like to see if there's any support that we leave the commercial in place. I heard from -- COMMISSIONER SAUNDERS: Mr. Chairman? COMMISSIONER TAYLOR: -- Mr. Housh enough times. COMMISSIONER SAUNDERS: Mr. Chairman, I'll amend -- with the permission of the second, I'll amend the motion to just simply terminate -- that this would be the termination of the residential program and to maintain the commercial program. I agree with Commissioner Taylor on that. I think that makes a lot of sense. So I'll amend the motion if the second will accept that. COMMISSIONER TAYLOR: Yes, I'll certainly endorse that second. And the reason I'm speaking as if I know about this is that Mr. Housh, Rich Housh, has spoken to me on more than one occasion of how it is of benefit to the commercial but -- and that's not where the problem is. The problem is with the unsuspecting and perhaps, for the lack of better word, unsophisticated homeowner who has bought the sheep in wolf clothing. CHAIRMAN McDANIEL: Potentially, yes. And just -- I did find the email from Kate at Ygrene, and it was -- to date that Ygrene has financed 390 projects in Collier County. And, I mean, Jamie, you'd shared information that we had record of 138. MR. OCHS: Twenty-eight. MR. FRENCH: I'm not quite certain if I want to even say my name it's been said so much today, so... CHAIRMAN McDANIEL: Yeah, you have been used as an example. MR. FRENCH: Yes, sir. For the record, I am Jamie French. I March 12, 2019 Page 101 apologize for my voice; I'm getting over a bit of a cold. So 138 PACE assessments have been collected on the 2018 roll, and we have had further conversation and correspondence with the other PACE providers. So there's a good number of them coming for this next year's roll. There's no doubt. Mr. Stoneburner, I think, is calling me right now. I didn't know if he had anything that he wanted to add, but I've worked directly with his office to let him know what we're seeing. With regards to the business side, what I might recommend is if that you're going to carry forward just a commercial aspect, that you identify that as commercial business, not commercial structure, because the Florida Building Code does acknowledge commercial structures can have residency as an occupancy. But, clearly -- MR. KLATZKOW: We're bringing it back. Staff will be bringing back the item, and you can make the recommendation. COMMISSIONER TAYLOR: Yeah. We'll need some -- MR. KLATZKOW: Yeah. I mean, I don't know if you intend for, like, condos, condominiums or that sort of thing. COMMISSIONER TAYLOR: No, no. Specifically commercial business. That was my intent. MR. KLATZKOW: Okay. COMMISSIONER SAUNDERS: That was my intent as well. COMMISSIONER TAYLOR: Good, good. Good catch. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Just one last question, just so I'm clear on the timing. So if the motion's approved, then the staff will bring back a proposed notice that we would approve? MR. KLATZKOW: Yes. COMMISSIONER SOLIS: But the termination of the program doesn't actually happen until they receive that written notice? MR. KLATZKOW: Yes. I'm sure we could send it by email. March 12, 2019 Page 102 COMMISSIONER SOLIS: Okay. But, I mean, it's not going to happen -- and, again, I just want to -- I want to get some more data, because I want to make sure that we're not getting rid of something that is actually of benefit based upon, you know, the actions of a couple of bad actors. I mean, I don't know that -- I don't feel like I have enough data. MR. KLATZKOW: With board direction, staff could make that part of your executive summary for the next meeting. MR. OCHS: We'll update the information for the 2019 tax roll. COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: And hopefully by that -- and by our next meeting we'll be able -- I'm sure we'll have a lot more information with regard to both on the national level. I'll reach out to our staff's liaisons at NACo to get information on the Consumer Protection Agency's rule-making processes and where they're at with regard to that. I mean -- and, again, literally, my note specifically says I just haven't seen enough information to warrant, in fact, what we're doing, but I'm okay with putting out notice to -- with the knowledge that I have received, that one person being hurt by this is not the path we need to be traveling. COMMISSIONER FIALA: Is what? CHAIRMAN McDANIEL: Is not the path that we need to be traveling. I looked away from you but into the mic. It's been moved and seconded that we prepare that notice for our next meeting, the second meeting in March, to discontinue the PACE program for residential purposes. Is that close enough? MR. KLATZKOW: Yes, sir, and staff will give the background as to the data and analysis. CHAIRMAN McDANIEL: Okay. It's been moved and seconded. Any other discussion? March 12, 2019 Page 103 (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: I believe it's time for lunch. COMMISSIONER TAYLOR: Thank you. MR. OCHS: Mr. Chairman, you have -- CHAIRMAN McDANIEL: Before we go -- don't get up and go yet, please. MR. OCHS: You have three items, one with six speakers on the MSTU item. Other than that, we have a couple of quick staff items. So your prerogative, sir. COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN McDANIEL: Yes, sir. COMMISSIONER SAUNDER: If it would be possible to get through these last couple items, that would be helpful, but I understand if we can't. CHAIRMAN McDANIEL: How about if we take a quick -- do you want to take a quick break and then come back? Okay. Let's do that. We'll take a 10-minute break, and -- well, 13-minute break, and be back at 12:20. (A brief recess was had.) CHAIRMAN McDANIEL: We don't wait for her. She's all set now. Item #11D March 12, 2019 Page 104 RECOMMENDATION TO ACCEPT STAFF REPORT ON COMMUNITY OUTREACH WITH THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT (MSTU) PROPERTY OWNERS; TO CONFIRM CURRENT PROVISIONS FOR AMENDING MSTU ORDINANCES; TO REAFFIRM THE PURPOSE AND INTENT OF THE RADIO ROAD MSTU; AND DIRECT THE COUNTY ATTORNEY TO ADVERTISE AN AMENDMENT TO COLLIER COUNTY ORDINANCE NO. 96-84, AS AMENDED, KNOWN AS THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT, TO ALTER THE BOUNDARIES TO INCORPORATE THE RICH KING GREENWAY BETWEEN RADIO ROAD AND DAVIS BOULEVARD – MOTION TO AUTHORIZE ADVERTISEMENT, EXPAND BOUNDARIES, LIFT HOLD ON PROJECTS AND MSTU BRING BACK PLAN FOR PUBLIC OUTREACH – APPROVED MR. OCHS: We're on to 11D, and this is a recommendation to accept the staff report on the results of the community outreach initiative with the Radio Road Beautification Municipal Service and Taxing Unit, and Ms. Michelle Arnold will make the presentation. CHAIRMAN McDANIEL: And I believe we have public speakers. MR. OCHS: Yes, sir. Excuse me. How many, Troy? MR. MILLER: We're up to seven, sir. MR. OCHS: Seven; seven speakers. CHAIRMAN McDANIEL: Is Commissioner Saunders -- are you still with us? MR. MILLER: I've got him muted. He is now. March 12, 2019 Page 105 CHAIRMAN McDANIEL: Okay. You are allowed to speak now, Commissioner Saunders. Thank you for suggesting that we work on through, so... COMMISSIONER SAUNDERS: Well, thank you. I appreciate you doing that. MS. ARNOLD: For the record, Michelle Arnold. I'm here to talk to you about the Radio Road MSTU. This item's been before you at a couple different meetings, first starting in March of 2018 when we -- staff was bringing to you a request to advertise an ordinance amendment to do some housekeeping to include the entire right-of-way of the Rich King Greenway as a part of the Radio Road MSTU boundaries. Currently the right-of-way is split in half. At that time, you heard some opposition to us moving forward and asked that staff do some public outreach, which we did. The MSTU advisory committee actually had a public meeting in March of 2018 that was already scheduled, and that meeting was held, we had a community-wide survey, and then in June we brought back the results of the survey to you-all. The Commission asked us at that time to do additional public outreach, and staff has been going out to the community. Much of it started in the fall or early this year because of the timing of meetings with the various associations. We've been going out and meeting with the associations to talk about the MSTU and our efforts and ask the community what they feel the MSTU should do going forward. We've been to most of the associations, got some declining invitations to three of the master associations, but was able to attend some of the smaller associations within those master associations. The message was pretty consistent. A lot of the associations really didn't know a lot about the MSTU and were very thankful that they were there. They thought our efforts were all good, and they agreed we should continue; however, three of the associations, as March 12, 2019 Page 106 mentioned in the executive summary, declined our invitation and advised us that they were in favor of sunsetting the MSTU. I wanted to just provide you-all some additional information about the MSTU process. You all received additional public input in January of this year about sunsetting other ordinances pertaining to the Radio Road MSTU. The MSTU has been doing an excellent job since its inception back in 1997, and they have been accruing dollars over those years to improve the Radio Road right-of-way as well as the Devonshire area. The MSTUs are a good thing because it's where communities are collecting dollars to do things that benefit the communities itself. It's not your General Fund dollars that could be expended all over the entire county. The MSTU also contributes to those things that are not necessarily on the radar for the general populous for the county, so it's something that is very beneficial to an immediate district. As part of the executive summary, we've identified what the process would be or processes for amending or sunsetting the MSTU. The amendment process of the MSTU is one where you've got your advisory committee that serves as your public notice or communications to the district that it serves, the advisory committees provide the recommendations for modifications to the ordinance, and then we bring back the ordinance to the Board of County Commissioners, a two-step process; that you hear it for the first hearing, and then at the second hearing actually make an adoption. I think the current process that you have in place is providing a lot more public outreach. Ms. Sherman, who's objected to the moving forward of this, has indicated that she believes that we should have a neighborhood information meeting. It's not -- the neighborhood information process is one more for the Land Development Code process. Your MSTU process, I think, provides March 12, 2019 Page 107 for a lot more communication, because your advisory board meets on a monthly basis, their meetings are notified, and information is provided about their meetings and agendas on websites, and we duly notice those meetings as well. We have three recommendations for you-all to consider based on the public input that you received regarding the sunset. You can either sunset the MSTU, but as a part of that process, you need to evaluate, or staff has evaluated the ongoing obligations as a part of sunsetting the MSTU, and there are maintenance responsibilities that continue with that. The Devonshire area is currently something that was improved as a part of the Radio Road MSTU and has existing maintenance obligations of 126,000 annually. If you-all were to sunset the MSTU, then you would have to find some other means for funding that ongoing responsibility. There's also the option of remaining status quo, which currently the status quo means you are -- you've put a hold on ongoing projects for the MSTU, and they're just waiting to hear the direction from this board. The other option that you have is to, as staff originally requested in May -- or March of 2018, do the housekeeping, cleanup the boundaries to include the entire right-of-way of the Rich King Greenway, allow them to continue with projects they've already been authorized to do, such as the entrance of the Rich King Greenway, and allow them to continue on their maintenance responsibilities. The MSTU advisory committee met in November of 2018 and made a motion to ask the Board to lift the hold on projects, so the Rich King Greenway, and then again on January 28th of 2019 they motioned to ask the Board to not sunset the MSTU and to allow them to continue their maintenance responsibility and their outreach. That's something that they felt, as a part of this whole process, has March 12, 2019 Page 108 been a benefit. Us going out and reaching the other communities has been providing additional information to the communities, and they want to continue that effort. And they also would recommend amending the boundaries to include the entire Rich King Greenway to allow them to do projects within their -- between the Radio Road and Davis Boulevard area. One of -- the advisory committee members wanted to attend the meeting today but, unfortunately, most of them had conflicts or are working; they were unable to come. One of the committee members asked that I read an email that she gave, sent, and her name is Maria Schoenfelder. She's indicated as a resident, a taxpayer member of the board -- a member of the Radio Road MSTU, and a voter living within the MSTU. I would like to see the moratorium lifted for new projects. We, as board members, would like the opportunity to fulfill the mission statement of the MSTU to beautify the landscape along Radio Road and Devonshire Boulevard. We are the eyes of the community that look at both Radio Road and quickly work with the landscapers in Devonshire and the county and their contractor landscaping on Radio Road to resolve problems when they occur and improve when necessary. The minimal costs per household not only improves the look of the community but the property values. And she signs it Maria Schoenfelder. It also -- her email reminded me that I wanted to advise the Board what the impact is of the current MSTU. The annual cost per property is anywhere from 15 to $20 a year, and the modifications of those boundaries would not affect that impact. So it's staff's recommendation that we continue with the existing MSTU and allow the advisory board to continue with their efforts to maintain their responsibilities. March 12, 2019 Page 109 CHAIRMAN McDANIEL: Thank you. Commissioner Taylor, you want to speak before the public? COMMISSIONER TAYLOR: Yes. I just want some clarification. County Attorney, Ms. Sherman, who sent us all an email on the 12th of March, indicates that it's her understanding that amending an ordinance has to go back to a vote to the MSTU members. MR. KLATZKOW: No, ma'am. COMMISSIONER TAYLOR: Okay. And then the other question I have, Ms. Arnold, I asked you for a budget. MS. ARNOLD: Yes. COMMISSIONER TAYLOR: Do we have the budget? MS. ARNOLD: Okay. What's on the visualizer provides a little bit of historical information. COMMISSIONER FIALA: What's a "traxing" unit? MS. ARNOLD: Oh, yeah. I think Mark's staff didn't catch that one either. CHAIRMAN McDANIEL: Yeah, Mark -- we're going to blame Mark Isackson for that. MS. ARNOLD: Yeah. The existing budget, annual budget is about -- the operating expenses is about 126,000 annually. COMMISSIONER TAYLOR: Now, that's for maintenance of what's already on the ground? MS. ARNOLD: That's correct. COMMISSIONER TAYLOR: That's maintenance. That's not new improvements? That's strictly maintenance, 126,000 a year? MS. ARNOLD: That's ongoing maintenance. COMMISSIONER TAYLOR: Okay. Thank you. COMMISSIONER FIALA: For how long of a space is that? CHAIRMAN McDANIEL: Oh, it's an enormous area from a geographic standpoint. March 12, 2019 Page 110 MS. ARNOLD: Well, the ongoing maintenance right now is limited to the Devonshire area. COMMISSIONER TAYLOR: And the medians, right? Radio Road medians? MS. ARNOLD: The Radio Road medians are currently improved by the MSTD. COMMISSIONER TAYLOR: Oh. MR. OCHS: They're unincorporated area. MS. ARNOLD: Right. So the Radio Road MSTU did the improvements along Radio Road, the entire length from Airport to Santa Barbara, and then after that project was completed, they turned over the maintenance to the MSTD, and that was because that is a project that was on the -- within the county's overall beautification master plan. Devonshire, however, is not -- does not meet that criteria. So the responsibility for the ongoing maintenance stays with the MSTU, and that's why, if I failed to mention, you would be setting a precedent for sunsetting the MSTU and allowing MSTUs to create responsibilities that are not really within the county's policy for improvements such as Devonshire. COMMISSIONER TAYLOR: Or budget. MS. ARNOLD: Right. COMMISSIONER TAYLOR: Okay. So the rooftops? MS. ARNOLD: There is -- one of the interesting things is when the MSTU started, most of the rooftops that are here today existed. There were only -- there was only a small area within the Briarwood community that didn't have all of their divisions improved. So we still have a pretty similar number of rooftops. The maximum millage that is allowed under your ordinance that established the MSTU is .5 mills. We have been at -- the current millage is at .1. And as I mentioned, the estimated cost per unit is March 12, 2019 Page 111 about $20 annually or $1.66 per month. Our anticipated revenues this year was 138,3-, and our costs, however, because of additional hurricane expenses, was exceeding the revenues that we took in. We do have current reserves in the amount of 736-. That's been accumulated over several years, you know, and part of that is to prepare for any unexpected revenues, like hurricane preparedness, and also you want to hold a reserve so that in the time that your property values are lower, if we have an economic downturn, like we have in the past, it takes several years to recover. So that is a part of the reason for the reserves there. Right now the MSTU has been holding off on project improvements based on the direction of the Board -- COMMISSIONER TAYLOR: That's been about a year. MS. ARNOLD: Yeah, it's been a year. COMMISSIONER TAYLOR: Over a year. MS. ARNOLD: And so they would like to move forward with that, with, you know, what their mission is. COMMISSIONER TAYLOR: Thank you for that. I'm very happy to see that. Thank you. MS. ARNOLD: Thank you. CHAIRMAN McDANIEL: Are you okay? COMMISSIONER TAYLOR: Yes, I am. CHAIRMAN McDANIEL: All right. Let's go to public speakers. MR. MILLER: We have seven registered public speakers. I'm going to ask the speakers to use both podiums for the sake of time. Your first speaker is Rebecca Paratore. She'll be followed by Roy Anderson. MS. PARATORE: Good afternoon. I'm Rebecca Paratore. I live at Countryside. I'm on the Countryside board, and I do March 12, 2019 Page 112 appreciate you holding this over after lunch for us. I really just wanted to give a few bullet points. I've been involved with this off and on for probably about the last year. I did make an attempt to be on the MSTU committee, was turned down promptly for a person who said he could attend a few meetings, so he thought he could handle it. I was really kind of disappointed in that attempt, because I believe I'm very well qualified. I was never told why I didn't qualify. So with that said, 1996 ordinance for the Radio Road Beautification project; let's not talk about the amendments at this point. I'm sure they'll be talked about later. If we satisfied everything on that ordinance, which it looks like we did -- the MSTD has taken over all of the improvements. So if they're maintaining that, there wouldn't be additional maintenance fees with the exception of Berkshire. So if Berkshire was a part of that original ordinance, then that's -- I understand that. Maybe we need to continue doing that one, keep that one on our tax roll, whatever. However, 1996 is a long ways away from today. Right now there's over 3,000, that I can count, units that are coming into our area. County Barn, Davis, Radio, also on Santa Barbara, and these people -- if we beautify this FP&L easement -- and I also noticed that the county neglected to note that FP&L owns the biggest strip of land there. There's three that the county owns, but there's that big strip that FPL owns with a blanket FPL easement over all of it. So you're actually asking us to build on property owned by FPL with a blanket easement by FPL. They can go in and change this any time they want. FPL will not cover the changes or the destruction; the county will not cover it, even though it's county land. We, the taxpayers, have to go in and restore whatever it is they destroy or move or decide they don't want. March 12, 2019 Page 113 So with that being said, these new 3,000 people that are coming into our area, if this is all beautified, they're going to all want to run in and start using it, and you're going to have the select few that's maintaining something that everybody thinks is gorgeous and want to come and destroy or use or whatever, but you're still going to make us maintain it. Why not spread the wealth, make it beautiful, have everybody pay for it? I mean, I don't see why we should have to pay for something that it's going to benefit a lot more people than just us now. We're not the little East Naples we used to be. Right, Donna? Thank you. MR. MILLER: Your next speaker is Roy Anderson, and he will be followed by Larry True. MR. ANDERSON: Good afternoon, Commissioners. I'm Roy Anderson. I'm director of the External Affairs Committee for Countryside. And the first thing I wanted to mention is that I'd like to speak to the portion of the executive summary that refers, and I quote to -- to affirm the purpose and intent of the railroad (sic) -- Radio Road MSTU and to recommend that the Commission -- that Option 1 be followed, which is the sunset option. But first I'd like to remind you of three decisions that have been made over the past year or so. The first one was March 13th, 2018, at your meeting of that date. I testified at that time that the Countryside master board at its February 15th, 2018, meeting had unanimously voted to sunset the MSTU. The second decision that was made was on January 12th, 2019, the Foxfire board of directors unanimously voted to recommend the dissolvement of the Radio Road MSTU at their regular meeting. The third decision is that on January 21st at its board of directors regular meeting, Glen Eagle unanimously voted on sunset or dissolve March 12, 2019 Page 114 the railroad (sic) MSTU, and Larry True, who will be the next speaker, will expand upon that. These three decisions speak to the attitude of substantial -- a substantial component of the railroad -- the Radio MSTU customer base, if you will, the rooftops. The groups, the three major groups, communities believe that the MSTU has done its job admirably with the railroad -- Radio Road landscaping, and it is time to stop the tax. The county staff is looking for new ways to spend the tax money. We need to stop it in its tracks. I can provide you with documentation for these three decisions if you so desire. Thank you. CHAIRMAN McDANIEL: Thank you, sir. MR. MILLER: Your next speaker is Larry True, and he will be followed by Wayne Sherman. MR. TRUE: Good morning, Commissioners. My name, for the record, is Larry True. I'm on the board of directors for Glen Eagle; have been for six years. I've been an owner in Glen Eagle since 2010 and an owner before that; I was an owner in Countryside from 2001 to 2011. My home is -- I've been a permanent resident of Florida since 2010. My home is a little bit larger. The tax I pay right now is about $35 a year on the MSTU. I've talked to a number of my fellow members of Glen Eagle. As a board member, I've gotten to know most of the people in Glen Eagle one way or the other. Sometimes through nasty emails and sometimes through thanks for the work I've done. But six years on the board, I've had a lot of conversations with members about the MSTU. And, generally speaking, the way it is right now with the .1 millage rate, nobody really objects to it. What I think we're all fearful of is that -- we keep hearing these new projects and wanting to expand the boundaries of the MSTU by adding March 12, 2019 Page 115 property that isn't currently a part of it. And also, you know, I've been a -- I've ridden on the bike path underneath the power line, and a number of my friends ride the bike path underneath the power line. We think it's all fine the way it is. We don't understand the need for more plantings in there. And I saw on the news the other day that the county's now stopping landscaping of additional medians because they don't have the money to maintain the medians that they have right now. So right now we've got this piggy bank of a little bit money that's plenty to manage the Devonshire Boulevard, which was annexed into this MSTU about, what, eight or nine years ago, something like that. We have plenty of money to manage that and to hold our own, but if we start expanding and then have to do a whole lot more maintenance, where's it going to stop? I think the other thing that has us all a little concerned is the cap that was put on the millage rate was .5. Now, at .1 we don't have a problem with it, but if my tax bill jumps from $135 to $155 or something to maintain all this, I've got a real problem with that. I also have to say, I wasn't even -- when I read the packet that came out, I saw in here this newsletter from the Radio Road MSTU. Now, I've attended a bunch of these meetings, but most of my fellow Glen Eagle members haven't. But why wasn't this sent out to us in the mail so that everybody would have seen what the MSTU is doing? I think it's the fact that it's been in the dark is what has us all worried. Thank you. MR. MILLER: Your next speaker is Wayne Sherman, and he will be followed by Marlene Sherman. MR. SHERMAN: Good morning, Commissioners. You know who I am. I've been to you -- before you several times before. It happens that I was one of the properties being assessed a March 12, 2019 Page 116 special annual tax under that ordinance, County Ordinance 96-84. The ordinance was approved by the County Commission at the request and vote of the Collier County citizens owning residential properties bordering on Radio Road. The special purpose -- specific purpose of the Radio Road MSTU was to beautify the center median on Radio Road between Airport-Pulling and Santa Barbara. The county commissioners also set up an advisory board to see that this work was properly performed. The work under this ordinance was actually completed in about 2004, a long time ago; however, on the behest of the advisory board and -- the county approved two additions to the MSTU for work on spaces other than Radio Road. One of them was this Devonshire Boulevard. Unfortunately, this change has extended both the scope and life of the MSTU and increased the cost to the taxpayer without taxpayer approval. Now, I understand that it said advisory board planning to ask for an expansion of the MSTU boundaries and additional taxes also without taxpayer approval for more taxes. I firmly believe this cost extension -- expansion is unethical, and I suggest that maybe the MSTU, it's time for it to be canceled, the special tax to be terminated, and transferring the funds, as it was said, to maybe the MSTD where they can maintain Devonshire Boulevard. Now, to put this recommendation in perspective, I offer the following: Let's say that one of you decide that the tile roof on your house needs to be cleaned. You find a qualified and licensed contractor to contract him to do the work, and he does a good job, and you're satisfied and you pay him. Then a few days later you come home to find the contractor hasn't been on your roof again. The contractor tells you that while they were up cleaning the roof, they found some broken tiles that needed replacing. You say, March 12, 2019 Page 117 well, okay, and, again, pay for this work. And then a few weeks later you find the contractor stripping the sod from part of your lawn. The contractor tells you that when he was here before, the interested party told -- interested told him that they thought your landscaping needed improvements, so he needed to take care of it and, of course, the charge -- they charge you for the work. When you object, the contractor tells you that he is licensed by the county to landscape the work, and you must need to pay him for it as well. You complain to the county, but the county just says, just allow the contractor to talk to you and explain that he's a good person and doing a good job. Then you find out the contractor's planning to ask the county to attach another parcel of land to your property and charge you for the work on it as well. What do you do? Do you just let them do it? I don't think so. Okay. CHAIRMAN McDANIEL: Thank you, sir. MR. MILLER: Your next speaker is Marlene Sherman. She has been ceded three additional minutes from Robert Land who -- yes, there he is back there, for a total of six minutes, and she will be followed by John Thomas. MS. SHERMAN: Good afternoon, Commissioners. My name is Marlene Sherman, and I'm here to request no action be taken by the Board to expand the 23-year-old ordinance, 96-84, because -- and the reason for that, that the supporting taxpayers have not been given the opportunity to vote their approval of this initiative. And I understand from Commissioner Taylor that that was -- that the add-on, are not required to. They are -- they have an advisory board, and the advisory board goes then directly to the county for things. I don't think that was the intent of the state's granting permission for the county to establish MSTUs, because one of the -- that establishment granted was that the -- originally a group of people wanted to improve their area and the county didn't have the March 12, 2019 Page 118 funds or was not in -- had any designs on doing that; that it could be accomplished through an MSTU. But they had this -- they had to have support -- when the boundaries were decided on the MSTU, then they had to have 50 percent plus one of the supporting taxpayers sign on to approve that initiative and agree to be taxed. And, apparently, that little last step of agree to be taxed and asked if they support it is not being put forth when we have add-on ordinances to MSTUs, as was done with the Radio Road in two incidents. Okay. We understand that there is a lot of reserves on the Radio Road, but they are looking for new projects to fund; just the opposite of what an MSTU does. An MSTU is a project looking for funding, not funding looking for a project, okay. During the 1990s state government granted authorities to the county, which I stated before, that suggested -- that recommended or stated that 50 percent of the one -- plus one must agree to support the requested project and agree to be taxed to complete the projects, and these requirements were met for Ordinance 96-84, okay. The manager's delegated the management of this MSTU to an advisory board with oversight approval and the MSTU advisory board's recommendations as stated. They vote -- as a five-member board, they vote, and then the county forwards them directly to you for approval, okay. As a result of this, the Radio Road Beautification MSTU has morphed into an entirely different set of purposes than those originally approved under Ordinance 96-84. For instance, 2002 ordinance we talk about Devonshire Boulevard, a very small strip of roadway, will also include two little other words "and right-of-way." Well, to that right-of-way, we gave -- the MSTU paid for shrubbery, very luscious shrubbery and trees, along the border of the Berkshire Lakes property and also along the border of the Publix March 12, 2019 Page 119 shopping center; we paid for that, the MSTU did. But the MSTU then, advisory board, went to the Publix shopping center and initiated an agreement with them that they would maintain what we had paid for. They never did that with Berkshire Lakes, so we're part of this $127,000-a-year maintenance that is to keep the landscaping on the right-of-way of Berkshire Lakes on Devonshire, okay. The five -- as I said, they have five members that are making unilateral decisions for 6,566 supporting taxpayers, just five, and they -- these five representatives on the advisory board do not represent the demographics of this Radio Road -- and with boundaries. And it does not -- it's my belief the state's intent when granting country's (sic) establishment of a MSTUs was not being upheld by the county and not required. The state does not -- the county does not require them, the add-ons, to do that. And let's see. So I respectfully request that the Board not approve the expansion. Why are we expanding a 23-year-old ordinance? There's only one reason; the MSTU advisory board wants to landscape it. Why are we landscaping park that's already got sod on it? It's already got a bike path on it. I've heard some of the plants that they were talking about for this Rich King Memorial Greenway entranceway. They were talking about putting pavers in. Why would you put pavers in a bike path? I've never heard such a crazy thing. Okay. So, anyway, that is all I have to say, and I'd be glad to answer any questions. CHAIRMAN McDANIEL: Thank you. MR. MILLER: Your final registered speaker on this item is John Thomas. MR. THOMAS: Good afternoon, Commissioners. I'm John March 12, 2019 Page 120 Thomas, a resident in Countryside. And I appreciate the opportunity to be heard this afternoon. As we all know, the purpose of an MSTU is to provide segregated funds for special, specific improvements that the directly affected taxpayers want badly enough that they're willing to pay for it through the special taxes. Let me try to put today's request in perspective by looking backwards. The only work that taxpayers approved, supported was completed in 2000. They did a great job on that median. The add-on ordinances were adopted without taxpayer approval. In 2018 the directly affected taxpayers were sent a survey that was completed by -- that was prepared by the MSTU staff, and it's my understanding that 70 percent of the respondents were not in favor of any future projects, and this in the face of the questions that were very slanted in favor of what staff was trying to accomplish. Now, I've had a chance to review Ms. Arnold's report on the results, and her outreach efforts to the taxpayers, as described by her, are far more rosy than at least I experienced. For example, one of the statements is that some of the associations in Countryside, as included in the list, declined staff's invitation to attend their meetings. Well, Countryside held a town hall for Ms. Arnold to make a presentation, and the feedback she got from that town hall was anything but as she describes it, "generally favorable." I urge you to put an end to this MSTU. The Rich King Parkway, to be generous, has no real relationship with Radio Road. This is easy money looking for projects rather than a project looking for legitimate money, funding. CHAIRMAN McDANIEL: Thank you. MR. THOMAS: Thank you. MR. MILLER: That was your final speaker, Mr. Chairman. CHAIRMAN McDANIEL: And there's no -- unless you feel it March 12, 2019 Page 121 necessary, there's no reason to refute representations that are made by the public. They're entitled to their three minutes, right, wrong, or indifferent. MS. ARNOLD: Sure. COMMISSIONER TAYLOR: I would like to ask Ms. Arnold something. CHAIRMAN McDANIEL: Certainly. COMMISSIONER TAYLOR: Can you name the projects that have been put on hold given the contradictories over the MSTU? MS. ARNOLD: Currently the project that's put on hold is the entrance of the Rich King Greenway. That's the current project. The committee has held off on proposing any other new projects until we go through this process. And as a part of their budget process and depending on what the Board does today, they'll meet and discuss that and bring that back to you-all as a part of that process. COMMISSIONER TAYLOR: And I think Ms. Sherman makes a very good point; you don't want pavers on a bike path. Can you explain where the pavers are? MS. ARNOLD: The pavers were not intended for the bike path. The entrance was to -- the improvements were supposed to be at the fence line. There's some vegetation. Because this is an FP&L easement, there are height restrictions that are imposed by FPL. So we're not talking about putting huge trees down the pathways or doing anything major at the entry as well. The committee has looked at the design that was proposed and, like I said, it wasn't intended for us to put pavers on the pathway itself. COMMISSIONER TAYLOR: And then, finally, there was a comment that because it's an FP&L easement, if they come in there and repair whatever they need to repair, they're not going to make March 12, 2019 Page 122 good any damage; is that correct? MS. ARNOLD: I mean, that's probably very correct because, like anything in the right-of-way, if we put anything in the right-of-way and the county comes in and modifies the right-of-way, sidewalk or anything else, it's the MSTU that would be responsible for refurbishing it. COMMISSIONER TAYLOR: And, finally -- and I said that before, but this is finally -- how many -- how much is the Rich King Greenway used? Is it used a lot? Do we have a count of the bicycles or pedestrians that use this greenway? MS. ARNOLD: I don't have a count myself, but I know that the -- there has been counts, and there's significant use in terms of bike ridership and joggers and walkers along the greenway, and because there's no, necessarily, parking for folks from outside of the area to come in and utilize it, a lot of it is used by the residents within the immediate area. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Do you have a map of the geographic bounds of this particular MSTU? MS. ARNOLD: Yes, I do. CHAIRMAN McDANIEL: It's everything inside the orange? MS. ARNOLD: Yes. COMMISSIONER FIALA: Can you tell me how the map originally started out, and they said that it kept -- MS. ARNOLD: The boundaries haven't changed since its original inception. Those are the boundaries that have been from the time that it started. This is the first time we're asking for a boundary change. And, as I said, it's only to incorporate the entire right-of-way along the Rich King Greenway, which is -- COMMISSIONER TAYLOR: Which is -- where is that? March 12, 2019 Page 123 MS. ARNOLD: It's this area right here. Right here. So right here. It's only right now -- because the boundary started with -- along the section lines, we're wanting to modify it to include the boundaries to incorporate the entire right-of-way line instead of section lines. CHAIRMAN McDANIEL: I know myself -- I mean, first off, in the prior slide, the MSTU's accumulated a significant amount of money and reserves far, perceptively -- and, again, far be it for me to determine what is valid or not, but on an annual operating basis, I know we have far different parameters established for reserves that we need to maintain in order to justify more -- our ongoing operations, one. Two, I'm concerned, as has been expressed a year ago when this -- when the MSTU proposed an expansion of its boundary, there was an enormous amount -- perceptively an enormous amount of expanded projects and things that were outside -- you can shake your head no, but I'm just sharing with you what I read -- and when I was going through the process of what the responsibilities of the MSTU were, in fact, going to do. So I'm hesitant in allowing for or recommending that we expand the boundaries and/or the parameters of the MSTU. Now, I will say this: There has been an enormous amount of increase in public outreach that wasn't happening before, and that is a benefit. The taxpayers who are, in fact, paying into this are far more aware now just because we're talking about it as opposed to -- and there was a significant amount of -- or maybe people weren't paying attention. I'm not quite positive, but I know a lot of folks that live in this area, and maybe they're paying attention now because we're actually talking about it. But the outreach has increased. And if, in fact, this MSTU stays in existence, that I really, really want us to continue on with that public outreach to get the notice to the people, to get the participation March 12, 2019 Page 124 of the folks that are paying into this and how this money is to be utilized. I watched the MSTU over in Golden Gate function for quite some time, and I watch regularly our MSTU over in Immokalee function as well, and it's inherent that a small portion of your tax base is going to be making decisions for the group that's, in fact, paying in. But public involvement is also imperative as well. And if you can't be there, if your association can't be there, then it's imperative that a representative of your association be there to express your wants, likes, dislikes, and what the organization is, in fact, proposing be done. And if I'm not mistaken, we review these MSTUs and their budgets every budget cycle. This is part of our list -- MS. ARNOLD: Yes. CHAIRMAN McDANIEL: -- that we actually have. So, personally, I'm not inclined to sunset it today nor am I inclined to expand its boundaries or its requisites of what it can or cannot do. I would rather that that come to us with more public outreach, specifically, than from the current MSTU board. MS. ARNOLD: Can I just say that as a part of your -- you're absolutely right, as a part of this initiative, we have done extensively more outreach, and we -- as a part of the advisory committee, they're recommending that that outreach continue. CHAIRMAN McDANIEL: You qualified -- you qualified "absolutely right" with other things. She said I was absolutely right, didn't she? MS. ARNOLD: Oh. COMMISSIONER TAYLOR: She did. I like the word "absolutely." CHAIRMAN McDANIEL: Right. Well, that's where I was, but then she qualified it. March 12, 2019 Page 125 A large portion of this area is in your district, and I'd like to hear from you as to which way the wind's blowing. COMMISSIONER SAUNDER: You know, I've been moved by a speaker who came up and said, you know, I pay $35 a year, and my neighbors and I really don't object to that except we don't know what's going on, and I think that's a very honest assessment of what is happening. `And the fear you have that it's going to continue and that you're going to be forced into situations, I mean, I could hear the fear through it all, and I think justified, because when you don't know, then you are fearful. I know I am. And so I think it's incumbent upon the MSTU to reach out to the property owners' associations, but it's also -- it's a two-way street. And I don't know what that means in terms of involvement, but I think, if anything, this exercise of what we're doing now and having it out in the public again and again has only brought this MSTU to everyone's attention, and it can only make it stronger. Clearly, it can't go away, because there's maintenance involved. And so there's going to have to be some kind of money coming in. I don't -- do we have a budget of what the Rich King entryway -- MS. ARNOLD: No, because they -- COMMISSIONER TAYLOR: We haven't gone there at all? MS. ARNOLD: No. COMMISSIONER TAYLOR: So I think it's prudent that that money's accumulated, depending on the decision of this board. I think this is very healthy. I think this is brought through -- I don't see it -- I don't see it sunsetting, but I do see a plan, and maybe that's what has to be created for outreach and I -- you know, a real plan, what you're doing and that it's disseminated to all the property owners' associations, but also that we look at it, because communication is the basis of this whole thing. March 12, 2019 Page 126 CHAIRMAN McDANIEL: And a portion -- you know, maybe we -- maybe we as a board -- you know, you and I have talked regularly about -- COMMISSIONER TAYLOR: On the dais. CHAIRMAN McDANIEL: Yeah. We're barely allowed to say hello to one another other than here. But -- about expanding our efforts in the budget review process. And we could actually, for those that are inclined to, take a look at the actual budgets and see where the revenues are spent. I know -- I'm quite intimate with our MSTU in Immokalee and enough to be dangerous about what goes on in Golden Gate City, but a proportionate share of these expenses, what's going off to support staff, what's going off for engineering and permitting and so on and so forth, for us to have a little harder look at that. And we are going into the budget workshop very, very soon, Leo, or County Manager. When are we? MR. OCHS: June 20th and 21st. CHAIRMAN McDANIEL: June is when the actual workshops, in fact, are. So, Commissioner -- forgive me. Commissioner Fiala. COMMISSIONER FIALA: It's all right. Okay. So, first of all, part of this MSTU then pulled out of the MSTU and created -- became a part of their, what, MSTD or HOA or what -- how did they maintain the upkeep of it? MS. ARNOLD: Okay. The Radio Road Beautification, the landscaping in the medians along Radio Road between Santa Barbara and Airport Road were planted by the MSTU funding, and from -- on occasion, supplemented improvements have been done through the years. But the MSTD, which is your 111 funds, your beautification, took on the maintenance of -- the regular maintenance of that segment of the roadway because it fell within your beautification master plan. March 12, 2019 Page 127 MR. OCHS: So your unincorporated area taxpayers are paying for the ongoing maintenance on Radio Road. CHAIRMAN McDANIEL: Right. That's Fund 111. MR. OCHS: Yes, sir, Fund 111. COMMISSIONER FIALA: Okay. So then if, as the people are -- MR. OCHS: That includes these people, by the way. COMMISSIONER FIALA: Pardon me? MR. OCHS: That includes the residents of this area as well. CHAIRMAN McDANIEL: That's the MSTD that they're talking about. MS. ARNOLD: Correct. COMMISSIONER FIALA: And the MSTD also includes the residents of this area? MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: So are they -- I'm sorry. You must be losing something here. So are they paying into the MSTU and also into the MSTD? MR. OCHS: They are. COMMISSIONER FIALA: So if they pulled out of the MSTU, their maintenance would still be taken care of through the MSTD, right? MS. ARNOLD: No, just for -- MR. OCHS: On Radio Road, yes, ma'am, but not on Devonshire. CHAIRMAN McDANIEL: They haven't pulled out. No one has withdrawn. COMMISSIONER FIALA: No. I'm saying "if." I'm sorry. Maybe I didn't say that loud enough. MR. OCHS: No, you're correct, Commissioners. Radio Road maintenance would continue. March 12, 2019 Page 128 COMMISSIONER FIALA: Okay. But not Devonshire? MR. OCHS: That's correct. COMMISSIONER FIALA: Okay. So -- and I don't -- I don't really know where the boundaries are to Countryside and Devonshire and Berkshire and all of those things. CHAIRMAN McDANIEL: Shire. COMMISSIONER FIALA: Yeah, whatever Shires. And I just -- so if they pulled out and they aren't covered by the MSTD, who would do their maintenance? COMMISSIONER SOLIS: That's the rub. That -- you know, without identifying a funding source, you have maintenance responsibilities now that someone has to take care of. And the only landscape maintenance that the MSTD or the 111 funding has utilized -- has been utilized for is those roadways that meet the criteria of your beautification master plan, and Radio Road between Santa Barbara and Airport Road does, but Devonshire doesn't. CHAIRMAN McDANIEL: And point at Devonshire for us, please. COMMISSIONER FIALA: That's it. That's the whole thing right there? MS. ARNOLD: That's it. MR. OCHS: Yes, ma'am. CHAIRMAN McDANIEL: And who planted the landscaping along Devonshire, or is there none? MS. ARNOLD: There is, and the MSTU did. CHAIRMAN McDANIEL: The MSTU did that? MS. ARNOLD: Yes. COMMISSIONER TAYLOR: And it's more than just that, right? Wasn't there some roadway and drainage improvements? I don't remember. But I remember there was a crosswalk or something going through there. There was -- it was -- March 12, 2019 Page 129 MS. ARNOLD: It's only the landscaping beautification along that roadway on Devonshire. COMMISSIONER FIALA: Just that little piece right there? That's all we're talking about? But everybody else is paying into that? That's why they have three-quarters of a million dollars sitting there? MS. ARNOLD: Uh-huh, at this time, yes. CHAIRMAN McDANIEL: Right. And so, just as a topic of discussion -- and it's -- Commissioner Taylor, please, your light's up. Go ahead. COMMISSIONER TAYLOR: If we decide not at this point to expand the boundaries, I think it would be -- to the Rich King Memorial Parkway, I think it would be very important to get some statistics, which would require actually going out and asking folks where they live that use it. I think that would be very helpful for everyone. That's information that needs to be cleared. CHAIRMAN McDANIEL: I've actually been told that there's very limited parking for anybody that doesn't live in close proximity to that facility to utilize it. So having improvements to it's really not going to attract a lot of people to the area unless -- but those that are living there to have the access to it, so... COMMISSIONER TAYLOR: That's a point. CHAIRMAN McDANIEL: So it's -- that has -- in relationship to the use -- you know, you can't just count the people. You actually have to necessarily understand where they're coming to it from as well, so... COMMISSIONER FIALA: But I think people, like in Rivera, the Rivera people use -- I'm amazed at how many people use that thing. COMMISSIONER TAYLOR: Really? COMMISSIONER FIALA: Yeah. March 12, 2019 Page 130 CHAIRMAN McDANIEL: Well, there is a lot, but they live there in the area. There's no -- COMMISSIONER FIALA: Yeah, they live there. CHAIRMAN McDANIEL: People don't travel to it -- well, I'm sure some do. COMMISSIONER TAYLOR: Yeah, and they're not biking on Davis or biking, you know, long distances. CHAIRMAN McDANIEL: I really like the aspect of bike paths underneath power lines away from steel. COMMISSIONER FIALA: They were going to connect that all the way to the other end of town, weren't they? COMMISSIONER TAYLOR: That's right. CHAIRMAN McDANIEL: There was a talk about it at one time. So what would you like for us to do, Commissioner Taylor? COMMISSIONER TAYLOR: I'd like you to -- based on -- and I'm going to put it on your shoulders but not in a mean way. COMMISSIONER FIALA: Oh. COMMISSIONER TAYLOR: Commissioner Fiala's comments. I'd like to expand the boundary. I think it makes great good sense. But I think that -- but I also at the same time would like a plan of outreach because I think this would -- it has to be fairly aggressive in a very positive sense to these neighborhoods. It's a very large area, and I think they deserve maybe a little extra treatment here initially till that system is in place. As I say, I think this has been a great exercise in understanding what everyone's responsibility is. CHAIRMAN McDANIEL: Are we expanding the boundary of the MSTU or the boundary of the MSTU's authorization to spend money? COMMISSIONER TAYLOR: Well, I think it would be both. I March 12, 2019 Page 131 think if we expand the boundary -- if, indeed, it's used locally, then I don't see why you wouldn't improve this Rich King Memorial Parkway. And I remember the great plans of this. This was a very important area. MS. ARNOLD: The MSTU currently is allowed to do that type of work within its boundaries. So we're not asking you to allow us to do anything more than we are already authorized to do. COMMISSIONER TAYLOR: Okay. MS. ARNOLD: The boundaries are what is being asked to be modified so we're not modifying or improving half of the greenway and not the other. COMMISSIONER TAYLOR: The other half. MS. ARNOLD: The eastern. COMMISSIONER FIALA: Just for curiosity's sake, again, if you don't mind me jumping in. Because I was surprised at just that little piece that was there that all of this money is going toward. Show me where you want to expand it on this map, please. MS. ARNOLD: This area right here. It's hard to see the yellow. There's a yellow line on that map that shows -- COMMISSIONER TAYLOR: You want to go down to Davis? MS. ARNOLD: We're already at Davis. So it would only take in the eastern portion. COMMISSIONER TAYLOR: The eastern half. MS. ARNOLD: So the red boundary is here along the section line, and we're asking you to expand it to incorporate all of the Rich King Greenway right-of-way. CHAIRMAN McDANIEL: And just for -- MS. ARNOLD: It's a mile. It's a mile north. And it's how many feet wide? UNIDENTIFIED SPEAKER: 110 feet. MS. ARNOLD: 110 feet. March 12, 2019 Page 132 CHAIRMAN McDANIEL: My concern with the expansion is then, in turn, comes planting and ongoing maintenance, and there's really no throttle on -- which has been represented by a lot of folks that have -- subdivisions within the district have unanimously voted to sunset the tax, and that's where I have a concern with the expansion of the boundary. I'm not in favor of sunsetting the MSTU, but nor am I in support of expanding the boundary without some limitations on what can and can't be done. And that's where I have a concern is we -- at our last board meeting, we discontinued our -- as was represented by one of our speakers, that we discontinued a capital program on the premise of the ongoing maintenance and the -- COMMISSIONER TAYLOR: Correct. CHAIRMAN McDANIEL: -- huge expense increase. And I've got a concern that nobody's hitting the brakes. COMMISSIONER TAYLOR: But I thought that this would come back to us in terms of a budget to describe what you're going to be doing; is that right? MS. ARNOLD: Yeah, that would be -- COMMISSIONER TAYLOR: We're the brakes. MS. ARNOLD: We would bring this back. And I would offer that we do it as a separate item so you-all can see once the planning process is put in place with the committee. As I said, they haven't really done anything with regard to the Rich King Greenway -- and bring that back to show you-all what the plans are, what it would involve and costs associated with improvements as well as the projected maintenance. CHAIRMAN McDANIEL: If they -- if we expand the boundaries, then that committee of five, at staff's recommendation, has the authority to expend funds to do the improvements for landscaping and then the ongoing maintenance that's associated on March 12, 2019 Page 133 that expansion of the boundary. MS. ARNOLD: Correct. CHAIRMAN McDANIEL: Correct? COMMISSIONER TAYLOR: No, no. We're the final. MS. ARNOLD: No. We would have to -- we bring the ordinance back to do that; yes, we would do that. COMMISSIONER TAYLOR: But -- MS. ARNOLD: Everything that we do in terms of project improvements is brought to this board. COMMISSIONER TAYLOR: There we go. See, so we're the brake. CHAIRMAN McDANIEL: Okay. COMMISSIONER TAYLOR: To me it makes great good sense to -- CHAIRMAN McDANIEL: The brakes should be -- COMMISSIONER TAYLOR: -- include it, whatever we do. CHAIRMAN McDANIEL: The brakes should be the citizenry committee with the input from the people that are paying the taxes -- COMMISSIONER TAYLOR: That's right. CHAIRMAN McDANIEL: -- that are funding the MSTU, not us. MS. ARNOLD: Which we're doing. CHAIRMAN McDANIEL: And, unfortunately, up until this point, it's been us. There hasn't been a lot of -- as much without -- I'm not throwing any rocks. There hasn't been as much public output, necessarily, as there could have been. COMMISSIONER TAYLOR: Which, to me, would mean that if we expanded it, then what would happen is we would -- we would be the -- we would approve the project, but to me this is a litmus test of how good your outreach should be. MS. ARNOLD: Sure. March 12, 2019 Page 134 COMMISSIONER TAYLOR: Because what if everybody, the majority of folks say, just leave it alone. You've expanded the boundary, don't spend the money, then you would come back to us and tell us that. MS. ARNOLD: Right. COMMISSIONER TAYLOR: And there would have to be a way of ascertaining that issue -- CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: -- not expanding the boundary, but actually the project, and maybe that's what's been missing, really clearly an outreach in a very granular sense to the folks that pay into this about what the project is and allow them to vote on it accordingly, project. COMMISSIONER FIALA: So at least everybody'd have a say in it, right? COMMISSIONER TAYLOR: Yes, exactly. COMMISSIONER FIALA: Yeah. Because we haven't heard anybody here exclaiming over wanting to do it at all but, you know, there's just -- there's just a few people. This is a huge area. So maybe they could go back and get that. I don't know whether it would be signing up a little -- CHAIRMAN McDANIEL: Yeah. I don't want to put us into a position where we're going out on a referenda vote every time somebody wants to plant a posey or not and/or maintain it or not. And we have a citizenry group that has been appointed by this board to oversee this MSTU and make recommendations to us. It had issues with membership for quite some time. I mean, there were periods of time, I remember, when we weren't able to reach a quorum. And so the outreach to the folks that are paying in has been the lackluster portion on my side. And I just -- again, the reservation I have, the MSTU is March 12, 2019 Page 135 functioning, the people are, in fact, aware of it. We need to give due consideration to folks who have expressed an interest in serving on this committee, and the public outreach can be done. I mean, a simple website can be established for a project that's coming up and the proposition of a maintenance, and click yes, click no. That's a simple poll process that can, in fact, enhance the public outreach and engage the folks that are paying into the MSTU. COMMISSIONER FIALA: So my question is, there's five members on this board. Are any of them here? CHAIRMAN McDANIEL: One did send us an email, and she has to work. She had a conflict, and she couldn't be here, and she expressed that we -- I think she said that she wants to continue on with the -- she recommended the boundary expansion and the continuance of the MSTU. MS. ARNOLD: Yeah. The other -- we've got five members, and they all had conflicts, but one of the members wanted to actually send an email expressing that. And they have taken a motion. They made motions at two separate meetings asking not to sunset and asking to allow them to continue projects. CHAIRMAN McDANIEL: Well, they have the right to continue projects. MS. ARNOLD: No. COMMISSIONER TAYLOR: Expansion of the boundary? CHAIRMAN McDANIEL: Did we -- MS. ARNOLD: You-all stopped them from doing it, yes. CHAIRMAN McDANIEL: Did you suspend their -- COMMISSIONER TAYLOR: Yes, we did. CHAIRMAN McDANIEL: Any projects whatsoever? MS. ARNOLD: Yes, for a year. COMMISSIONER TAYLOR: Until this was cleared. Clarified and -- yes. Abundance of caution. March 12, 2019 Page 136 CHAIRMAN McDANIEL: And, again, that's where my misunderstanding maybe came in when I voted for that. I thought we were coming for a boundary expansion, and I read a litany of additional projects that were being added in that were not necessarily financially accounted for, which was my concern for discontinuing what the practices were at that time. So are you going to make a motion? COMMISSIONER TAYLOR: I did, and my motion was to expand the boundary, and that there would -- to agree to expand the boundary, and that a plan to improve the Rich King Greenway on the eastern side be brought to each neighborhood master association or smaller associations and that the MSTU reports back to us on their outreach efforts. MS. ARNOLD: Could you also include lifting the hold on the current project? COMMISSIONER TAYLOR: And let -- have that also included in the motion, to lift the hold on ongoing projects. CHAIRMAN McDANIEL: Is there a second? COMMISSIONER SOLIS: I'll second. COMMISSIONER FIALA: Are there any people within that boundary that you want to expand that will then also be paying into this MSTU, or will it be the same people paying in to do that? MS. ARNOLD: Same people. It's all -- COMMISSIONER SOLIS: You're just including -- MS. ARNOLD: -- property that's -- COMMISSIONER SOLIS: -- a piece of -- a bigger piece of the FP&L easement, right? MS. ARNOLD: Correct. COMMISSIONER SOLIS: No new people going in. COMMISSIONER FIALA: I didn't know that, you know. I just wanted to know what was happening. March 12, 2019 Page 137 CHAIRMAN McDANIEL: Well, the new people that are coming are new construction that are coming into the area, new residents and such, so... All right. It's been moved and seconded that we not -- or that we continue on the MSTU, we expand the bounds, and then reinitiate them to do the projects as they were previously allowed. MR. KLATZKOW: So you want staff to advertise the ordinance? COMMISSIONER FIALA: Say that again. COMMISSIONER TAYLOR: Yes, because we have to discuss this again. MR. KLATZKOW: Yes, you do -- COMMISSIONER TAYLOR: Yes. MR. KLATZKOW: -- unfortunately. COMMISSIONER TAYLOR: Yes. MR. KLATZKOW: Okay. Thank you. COMMISSIONER TAYLOR: Let my motion reflect the advertisement of the ordinance also, if the seconder agrees. COMMISSIONER SOLIS: Absolutely. CHAIRMAN McDANIEL: For a point of discussion, I'm hesitant in that expansion just because of -- just because of what we've learned today with -- and an enormous amount of people that are within the district that have expressed concerns about how the MSTU's been functioning. I have other thoughts that I think might be a little more palatable but -- Commissioner Saunders, do you have anything to say? COMMISSIONER SAUNDER: No, sir. It's been a very interesting conversation, though. CHAIRMAN McDANIEL: Yeah, it sure has. I'm inclined to support the commissioner of the district who should be as aware of it as anyone with regard to this, and I -- so I'm March 12, 2019 Page 138 going to support your motion, but I would like it to be known that I'm going to -- I want us to spend some good time with regard to this MSTU and its functionality and what's, in fact, doing good or bad. COMMISSIONER TAYLOR: Yes. Absolutely. CHAIRMAN McDANIEL: Any other discussion? COMMISSIONER FIALA: I would love to support the commissioner for that district as well. I'm having a problem doing that, but I think her heart is in the right place, and she's trying to do the right thing. Right now I just can't put my arms around it, but I know that you're trying to do the right thing, really. COMMISSIONER TAYLOR: Thank you. COMMISSIONER FIALA: I just can't put my arms around it now, so I will vote against it. CHAIRMAN McDANIEL: All right. Well, it's been moved and seconded. All those in favor? COMMISSIONER SOLIS: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: It passes 4-1. MS. ARNOLD: Thank you. Item #13A RECOMMENDATION TO AUTHORIZE THE CREATION OF ONE (1) ADDITIONAL FULL-TIME CIVIL CASE MANAGER POSITION IN THE COURTS AND RELATED DIVISION IN RESPONSE TO THE INCREASE OF CIVIL FILINGS FROM HURRICANE IRMA – APPROVED March 12, 2019 Page 139 MR. OCHS: Commissioners, that takes us to Item 11A, or excuse me, 13A. This was a recommendation to authorize the creation of one additional full-time civil case manager position in the courts division. COMMISSIONER SAUNDERS: Mr. Chairman, I'll make a motion to approve that. CHAIRMAN McDANIEL: Yeah, and I'm really sorry. I didn't realize they were going to be sitting here for this entire time. And I just realized why you folks were here. We'd have moved you up and let you go back to work. MR. RICE: No apology needed. CHAIRMAN McDANIEL: It's been moved and seconded that we approve the request. COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: 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.) MR. RICE: Thank you very much. COMMISSIONER TAYLOR: Fascinating morning, right? MR. RICE: Very interesting. You guys are doing a great job. COMMISSIONER FIALA: I might add, every time we delay our lunch because we just had a couple more things, and ever notice it takes hours. March 12, 2019 Page 140 CHAIRMAN McDANIEL: Well, it's an hour so far. COMMISSIONER FIALA: Well, we're not done. CHAIRMAN McDANIEL: We've got one more. COMMISSIONER FIALA: But then we have comments afterwards, right? COMMISSIONER SOLIS: We've got one more. CHAIRMAN McDANIEL: Yes. COMMISSIONER FIALA: I don't think we should be doing that anymore. Item #14B RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB), AUTHORIZE THE TERMINATION OF THE LEASE WITH CHRISHELLE III, LLC REGARDING THE FUTURE BAYSHORE GATEWAY TRIANGLE CRA OFFICE AT 2348 PINELAND AVENUE AND AUTHORIZE THE CRA DIRECTOR TO CONTINUE TO WORK WITH COUNTY STAFF TO FIND SUITABLE CRA OFFICE SPACE FOR THE CRAB TO CONSIDER IN THE FUTURE – MOTION TO UPHOLD DECISION OF THE CRA AND DISCUSS THE CRA POSSIBLE MOVE TO A COUNTY OWNED BUILDING – APPROVED MR. OCHS: Mr. Chairman, that takes us to 14B, which was previously 16B3 on your agenda. This is a recommendation for the Board, acting as the CRA board, to authorize the termination of a lease with Chrishelle, LLC, regarding the future Bayshore/Gateway Triangle CRA office. CHAIRMAN McDANIEL: And we don't need a report on that. March 12, 2019 Page 141 I think we have some public speakers. Would you like to hear from them before we go? Please, public speakers. MR. MILLER: I have two registered speakers on this item. Your first speaker is Charles Massimi. He will be followed by Janeice Sawitoski. I hope I'm saying that right. MS. SAWITOSKI: No, that's okay. Janice. MR. MILLER: Janice, thank you. MR. MASSIMI: Hello. My name is Charles Massimi. My wife and I own Pineland Plaza, which is a small strip mall on the East Trail down the road from here. And thank you, Board Members, for allowing me to speak and present the facts. On 9/11/18 I entered into an agreement with Collier County Community Redevelopment Agency to rent approximately 3,400 square feet of space. On December 19th, plans were submitted to Collier County for permits, but due to Hurricane Irma, the county was backed up and not able to provide my contractor with the response till the end of January. The plans were rejected for plumbing and electrical reasons due to faulty coding. The building was coded as Schedule 2 and should have been 3. On the 28th of January 2019, it was corrected and returned to the county. On 2/12/19 the county requested energy counts from the air conditioner company, and that was completed on 2/21/2019, which is a normal amount of time for the type of energy calculation that was done. On February 22nd of '19, the county wanted to know what would be changed to correct the energy count which was slightly off. That same day, Friday the 22nd, my contractor notified the architect the lighting system would be changed to LED. On the 28th of February, the architect sent the changes to the county, which is still in review as of today. On February 28th, my March 12, 2019 Page 142 contractor received an email from Jonathan Walsh lifting a stop work order. When the lease was signed, the space was supposed to be completed January 31st, 2019. Due to Irma and other factors and circumstances I just mentioned and others besides which I don't have time to speak about in the three minutes I'm allotted, Deborah Forester allowed us a few extensions, the latest on February 22nd, which we received an email extending the county's current lease to April 31st. What's extremely upsetting to my wife and I is when we received the email to extend the lease out to April 31st on February 22nd, the decision to back out of the lease was already made. It had to be. Just nine days after the email was received, a certified letter notifying us of which what's occurring right now was sent. This may not be very important to CRAB, but to my wife and I it is. When I'm given an extension, that's a green light to spend more money on the unit for the county, which I've spent over $50,000 more on -- $50,000 on now, or above. I spoke to Deborah this past Thursday, when I found out about the county looking to back out of their lease while I was at Disney World with my grandchildren. I basically told them I did not want the county to back out, and I would be a great landlord. She told me she would get back to me the next day, but it was up to her boss. I never heard back from her, but I still would like to continue on. My contractor is now ready. We have the green -- we have a lot of green lights. We have work crews waiting, and we will be completing on the date we've -- that we were given, by the 31st or before. I please ask you to put a stop to this. Thank you. March 12, 2019 Page 143 CHAIRMAN McDANIEL: Your next speaker is Janice Sawitoski. MS. SAWITOSKI: Jan Sawitoski. I manage the shopping center at 2348 Pineland for Mr. and Mrs. Massimi. We have worked tirelessly to get the community, you know, into our shopping center. We have the Collier County Redevelopment Association that had planned on coming in. We went and bent over backwards to make sure that they had the office space that they wanted. We did numerous blueprints to accommodate their spaces and their meeting rooms and their conference rooms and their offices so they had the windows up front, and we've done nothing but try and make them happy. We have a great shopping center. We take very good care of it. We're very conscientious about the looks of the building, and we want to make sure that they are happy in our building. And I would like to say, please, give us a thumbs up, because we'd like to keep them there. We've done a lot of work, and we'd appreciate it. Thank you. MR. MILLER: That was your final speaker on this item. COMMISSIONER TAYLOR: Mr. Chair, I think it would behoove us to hear from the CRA director on this issue. CHAIRMAN McDANIEL: Absolutely. MS. FORESTER: Deborah Forester, CRA director. Just to maybe clarify some of the statements that were made. We currently are in our lease at our location at 3570 Bayshore Drive. CHAIRMAN McDANIEL: Which is a different location than what's been represented here -- MS. FORESTER: That's correct. CHAIRMAN McDANIEL: -- and we approved to move to some time ago. MS. FORESTER: Right. In September you agreed for us to March 12, 2019 Page 144 look at moving at the Pineland space. So right now we have on a month to month with our current landlord, and we have to give them notice that we're going to extend for another 30 days. So when this had become an issue, I needed to make sure our current landlord knew we were staying longer. And so when I last spoke, I had mentioned to Mr. Massimi that we were going to go ahead and extend our lease till April 30th, which is our last extension, but that we needed to know we were going to be moving forward with a permit issued. So as of, I think, this morning, we looked again, and there was no additional information submitted into that portal. We have always worked very hard and tried to move us to this new space. If you've been in our current location, you know that we need some new space. So this is not because we certainly want to terminate but because we need to make sure that we have some office space for our staff. And so at this point in time we were not -- we did not feel that we would make -- we didn't make our February 15th deadline, which was in the lease, and so now we were just trying to work. And April 30th we cannot extend our current lease any longer. So unless I know where we're going to be come April 30th, we would be homeless for our office space. So that's where we began to look. Tami Scott from our office has worked very closely with the designer and the contractor to try and resolve these issues, and it was really waiting for them to submit the documentation into the permitting office so that we could move forward and get a permit. CHAIRMAN McDANIEL: And I have -- have we obligated the new landlord to do improvements for the new space? MS. FORESTER: Well, yes. They were -- but our lease says we can terminate if we do not get a CO by the date identified. March 12, 2019 Page 145 CHAIRMAN McDANIEL: Right. MS. FORESTER: And right now that date was February the 15th. CHAIRMAN McDANIEL: Correct. MS. FORESTER: So now we're almost 30 days into that, and we still don't have a permit issued. There have been several challenges with that contractor moving forward on getting some permits issued. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Well, I think the CRA should know they'll never be homeless. We have space in the county. We have this wonderful room, and your meetings could be televised. And so I'm not so sure you'll ever be homeless. But, clearly, it was a unanimous vote of the CRA advisory board to terminate this lease. So I think that our executive director has done due diligence in this. CHAIRMAN McDANIEL: And I have to say, you know, I voted to approve the new lease back when we did that, but I was questioning the expense associated with the new lease -- COMMISSIONER TAYLOR: Yes. CHAIRMAN McDANIEL: -- and wondering why we couldn't bring our CRA onto this campus where we wouldn't have that kind of ongoing exposure and rent specifically for the CRA. So I'm -- if you want to make a motion. COMMISSIONER TAYLOR: I'd like to make a motion that we uphold the decision of the CRA and the executive director to terminate this lease, but also part of that motion I would like to ask that we discuss with the CRA at our upcoming workshop in April the possibilities and the promise of moving into these government buildings. This government building is within the CRA. And it also might prove a substantial savings in TIF money. Thank you. March 12, 2019 Page 146 CHAIRMAN McDANIEL: That was actually -- second. That was in my notes this morning when I -- when we were talking about 16B, whatever the number is -- COMMISSIONER TAYLOR: Yes. CHAIRMAN McDANIEL: -- when we were talking about that, I had that in my notes as to give consideration to coming on campus. COMMISSIONER FIALA: So where would we go? Is there an empty -- CHAIRMAN McDANIEL: Stay on the mic. COMMISSIONER FIALA: I thought I was. CHAIRMAN McDANIEL: Well, you're not. COMMISSIONER FIALA: Where do we have a space to house everybody and, you know, a lot of people dropping in and out every day and so forth? Where -- COMMISSIONER TAYLOR: Not back here. It wouldn't be here, but their meetings could be held here. COMMISSIONER FIALA: I understand that, but -- COMMISSIONER TAYLOR: And the offices -- I think there's office space on campus, but that would have to be up to the County Manager. And it's a discussion that we don't have to make today. It would be a discussion for our upcoming workshop in April. MR. OCHS: I don't have anything identified as we sit here, but we'd go look around and report back to the Board during the workshop. CHAIRMAN McDANIEL: Any other further discussion? (No response.) CHAIRMAN McDANIEL: Commissioner Saunders? COMMISSIONER SAUNDERS: No additional comment. I support the motion. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: All in favor? March 12, 2019 Page 147 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. Item #15 STAFF AND COMMISSION GENERAL COMMUNCATIONS MR. OCHS: Commissioners, we move to staff and commission general communications. Just a reminder of your next two workshops. April 2nd you'll be meeting with both of your CRAs in a workshop setting, and then followed in June by your mental-health workshop. The only other thing I have, Mr. Chairman, is I just wanted to -- pleased to report to the Board that the Florida Department of Environmental Protection recently awarded the 2018 Domestic Wastewater Plant Operations Excellence Award to your North County Water Reclamation Facility, so it's another acknowledgment of the good work of Dr. Yilmaz and Steve Messmer, the director of the plants, Robert von Holly (phonetic), his plant manager, and all the dedicated staff in your utility department. COMMISSIONER SOLIS: Well done. MR. OCHS: Thank you. COMMISSIONER TAYLOR: Congratulations. MR. OCHS: That's all I have. CHAIRMAN McDANIEL: County Attorney? March 12, 2019 Page 148 MR. KLATZKOW: Nothing, sir. CLERK KINZEL: Nothing, sir. CHAIRMAN McDANIEL: Thank you for moving us along. Commissioner Solis. COMMISSIONER SOLIS: Nothing for me other than just to thank everyone for all the condolences for my mother. Thanks. CHAIRMAN McDANIEL: We've been praying for you, pal. COMMISSIONER SOLIS: Thanks. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: No. I have a question about that last thing, but I don't know if I want to -- I don't know if I want to ask it right now, or maybe I better wait till after the meeting and talk with staff afterwards. Okay. Other than that, I have nothing else. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Well, I'd like my Chairman to know that at our next meeting we're going to be giving a proclamation to Swamp Buggy -- CHAIRMAN McDANIEL: Oh, nice, outstanding. COMMISSIONER TAYLOR: -- for 70 years of activity and service to our county, but I also would like to let the Chairman know that I was asked to come there to drop the flag. CHAIRMAN McDANIEL: I know. I know. COMMISSIONER TAYLOR: You heard about it? CHAIRMAN McDANIEL: I did. How do you think you got there? COMMISSIONER TAYLOR: All right. But they tell me I was the best ever. CHAIRMAN McDANIEL: Oh, now I see. COMMISSIONER TAYLOR: And -- COMMISSIONER SAUNDERS: They told me the same thing. March 12, 2019 Page 149 COMMISSIONER TAYLOR: Okay. But did you ride Old Doc around the track? Because they actually put me in a swamp buggy guaranteed that I would not get wet and drove me around the track in a swamp buggy called Old Doc which was created in the 1970s. And they really didn't tell the truth. I got soaked, but it was so much fun. COMMISSIONER FIALA: Well, you had to be a good sport. COMMISSIONER TAYLOR: Oh, it was so much fun, and I understand why they want to race. It is just incredible. CHAIRMAN McDANIEL: If you have never been -- COMMISSIONER TAYLOR: I've never been. I've never been in a swamp buggy let alone go around the swamp buggy track. COMMISSIONER FIALA: Do you remember when they used to race on Radio Road? COMMISSIONER TAYLOR: Yes, yes. COMMISSIONER FIALA: Isn't that something? COMMISSIONER TAYLOR: Yes. So we're -- CHAIRMAN McDANIEL: I'm really glad that you went. COMMISSIONER TAYLOR: Thank you. Well, thank you for that. COMMISSIONER FIALA: I want to see pictures. COMMISSIONER TAYLOR: I've got one, I'll bring it in, of me next to the Old Doc. I don't think they photographed me when I was going around the -- but they did tell me that they weren't going to go fast, and when they took off was when I realized it was all a hoax. They went fast. CHAIRMAN McDANIEL: Commissioner Saunders, do you have anything before we close? COMMISSIONER SAUNDERS: No, sir, I do not. CHAIRMAN McDANIEL: Okay. COMMISSIONER TAYLOR: And may I say, Commissioner Saunders, I really appreciated your motion about the PACE and that March 12, 2019 Page 150 you took the time and really had the deliberation to look at what was going on, and thank you very much for your motion. COMMISSIONER SAUNDERS: Well, you're welcome. Thank you. CHAIRMAN McDANIEL: Nor do I, so with that, Happy Saint Pat's, everybody. ***** **** Commissioner Fiala moved, seconded by Commissioner Taylor and carried that the following items under the Consent and Summary Agendas be approved and/or adopted (Commissioner Solis abstained from voting on Item #16A6) **** Item #16A1 AN AGREEMENT FOR THE PURCHASE OF LAND (PARCEL 1228POND) REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION (PROJECT 60168). ESTIMATED FISCAL IMPACT: $101,500 Item #16A2 AN AGREEMENT FOR THE PURCHASE OF LAND (PARCEL 173FEE) REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT (PROJECT 60168). ESTIMATED FISCAL IMPACT: $321,725 Item #16A3 RESOLUTION 2019-37: AMENDING EXHIBIT "A" TO March 12, 2019 Page 151 RESOLUTION NO. 2013-239, THE LIST OF SPEED LIMITS ON COUNTY MAINTAINED ROADS, TO RE-ESTABLISH THE SPEED LIMIT ON WHITE BOULEVARD, FROM APPROXIMATELY 600 FEET WEST TO 593 FEET EAST OF THE CYPRESS CANAL CENTERLINE, FROM THIRTY-FIVE (35) MILES PER HOUR TO FORTY-FIVE (45) MILES PER HOUR SINCE A CONSTRUCTION PROJECT HAS BEEN COMPLETED AND TO ADD A THIRTY (30) MILE PER HOUR SPEED LIMIT FOR ROCK ROAD TO THE LIST Item #16A4 AUTHORIZING THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $12,380 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.120, PL20140002493 FOR WORK ASSOCIATED WITH TAMIAMI CROSSINGS Item #16A5 AUTHORIZING THE CLERK OF COURTS TO RELEASE PERFORMANCE BOND NO. CS9826731 IN THE AMOUNT OF $283,813.48, WHICH WAS POSTED AS A GUARANTY FOR WORK ASSOCIATED WITH RICHMOND PARK SITE DEVELOPMENT PLAN (SDP) PL20150001531 Item #16A6 - Commissioner Solis Abstained from Voting (During Agenda Changes) RECORDING THE MINOR FINAL PLAT OF LAMORADA PARCEL FD2, APPLICATION NUMBER PL20180003505 March 12, 2019 Page 152 Item #16A7 RECORDING THE FINAL PLAT OF THE RANCH AT ORANGE BLOSSOM PHASE 3A, (APPLICATION NUMBER PL20180000417); APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY Item #16A8 RESOLUTION 2019-38: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF TWINEAGLES GRAND ARBORS REPLAT OF TRACT H, I AND BLOCK 107, APPLICATION NUMBER PL20120000696, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY Item #16A9 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR NAPLES NISSAN CAR WASH AND DETAIL CENTER, PL20190000027 Item #16A10 FINAL ACCEPTANCE OF THE SEWER FACILITIES AND ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE SEWER UTILITY FACILITIES FOR BAYSHORE FOOD March 12, 2019 Page 153 TRUCK PARK, PL20180003357 Item #16A11 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR STONECREEK PLAT 2, PHASE 1, PL20170001026 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 Item #16A12 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR ESPLANADE AT HACIENDA LAKES PHASE 2B, PL20170002041 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT Item #16A13 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR ESPLANADE AT HACIENDA LAKES, PL20170002039 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE March 12, 2019 Page 154 DEVELOPER’S DESIGNATED AGENT Item #16A14 FINAL ACCEPTANCE OF POTABLE WATER AND SEWER FACILITIES FOR TRIANGLE PLAZA AT LELY RESORT, PL20160001795, ACCEPT UNCONDITIONAL CONVEYANCE OF THE SEWER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $11,801.05 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT Item #16A15 FINAL ACCEPTANCE OF POTABLE WATER AND SEWER FACILITIES FOR TRIANGLE PLAZA AT LELY RESORT, PL20140000509, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE POTABLE WATER, 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 $16,097.82 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT Item #16A16 RECOGNIZING REVENUE FOR RESURFACING/RE-STRIPING OF HICKORY ROAD WITHIN THE ROAD MAINTENANCE RESURFACING PROJECT #60131 IN THE AMOUNT OF $63,821 March 12, 2019 Page 155 Item #16A17 AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDGB) GRANT APPLICATION TO COLLIER COUNTY COMMUNITY AND HUMAN SERVICES FOR A PRELIMINARY ENGINEERING STUDY FOR STORMWATER MANAGEMENT IMPROVEMENTS IN NAPLES MANOR IN THE AMOUNT OF $80,000 Item #16A18 THE SELECTION COMMITTEE’S RANKING FOR RPS #19-7494 FOR “VANDERBILT BEACH ROAD US41 TO E OF GOODLETTE 6 LANE WIDENING PROJECT,” AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH THE TOP RANKED FIRM OF JACOBS ENGINEERING GROUP, INC. AND, IF AN AGREEMENT CANNOT BE REACHED WITH THAT FIRM, TO CONTINUE NEGOTIATING WITH THE REMAINING FIRMS IN RANKED ORDER TO OBTAIN A PROPOSED AGREEMENT (PROJECT NO. 60199) Item #16A19 – Withdrawn (Per Agenda Change Sheet) RECOMMENDATION TO SIGN A SCHOOL FACILITIES LEASE AGREEMENT WITH THE SCHOOL DISTRICT OF COLLIER COUNTY, FLORIDA TO ALLOW FOR A PUBLIC MEETING FOR THE RANDALL BOULEVARD AND OIL WELL ROAD CORRIDOR STUDY TO BE HELD ON MARCH 27, 2019 IN THE PALMETTO RIDGE HIGH SCHOOL CAFETERIA March 12, 2019 Page 156 Item #16A20 A BUDGET AMENDMENT TO RECOGNIZE REVENUE AND TRANSFER FUNDING FOR PROJECTS WITHIN THE TRANSPORTATION SUPPORTED GAS TAX FUND (313) AND TRANSPORTATION & CDES CAPITAL FUND (310) IN THE AMOUNT OF $101,844 (PROJECTS 60085, 60088, AND 69333) Item #16B1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) APPROVE AN AFTER-THE-FACT ELECTRONIC GRANT APPLICATION SUBMITTAL IN THE AMOUNT OF $500,000 TO THE COLLIER COUNTY COMMUNITY AND HUMAN SERVICES FY 2019/2020 HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR THE IMMOKALEE SIDEWALK IMPROVEMENT PROJECT WITHIN THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA Item #16B2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) APPROVE AN AFTER-THE-FACT ELECTRONIC GRANT APPLICATION SUBMITTAL IN THE AMOUNT OF $300,000 TO THE COLLIER COUNTY COMMUNITY AND HUMAN SERVICES FY 2018/2019 HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY March 12, 2019 Page 157 DEVELOPMENT BLOCK GRANT (CDBG) FOR THE PHASE 3 FIRE SUPPRESSION PROJECT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA Item #16B3 – Moved to Item #14B1 (Per Commissioner McDaniel during Agenda Changes) Item #16C1 INVITATION TO BID #18-7472, “ALARM MONITORING SERVICES”, TO D.A. SYSTEMS INC. D/B/A DEHART ALARM SYSTEMS FOR COUNTYWIDE ALARM MONITORING SERVICES AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT Item #16C2 THE DOCUMENT NECESSARY TO CONVEY AN EASEMENT TO FLORIDA POWER & LIGHT COMPANY OVER PROPERTY OWNED BY THE COLLIER COUNTY WATER-SEWER DISTRICT AT 512 103RD AVE. N., NAPLES, FL 34108 FOR INSTALLATION OF ELECTRIC INFRASTRUCTURE REQUIRED TO POWER A NEW PUMP STATION Item #16C3 A WORK ORDER IN THE AMOUNT OF $287,500.84, PURSUANT TO A REQUEST FOR QUOTATION UNDER AGREEMENT NO. 14-6213 TO QUALITY ENTERPRISES USA, INC., FOR THE "SCRWTP ACID SYSTEM MODIFICATIONS" (PROJECT NO. 71065) March 12, 2019 Page 158 Item #16C4 RESOLUTION 2019-39: AUTHORIZING THE CHAIRPERSON TO EXECUTE DEED CERTIFICATES FOR THE SALE OF BURIAL PLOTS AT LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DURING THE 2019 CALENDAR YEAR, ON BEHALF OF THE COUNTY MANAGER Item #16D1 A BUDGET AMENDMENT RECOGNIZING $96,568.15 OF STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INCOME FOR PROGRAM YEAR 2018/2019 Item #16D2 FOUR (4) SATISFACTIONS OF MORTGAGE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM IN THE AMOUNT OF $39,544.95 Item #16D3 AUTHORIZE THE CHAIRMAN TO SIGN THE SECOND AMENDMENT TO AN AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. FOR THE STATE HOUSING INITIATIVES PARTNERSHIP OWNER-OCCUPIED REHABILITATION STRATEGY TO ALLOW ADDITIONAL ACTIVITIES, REDUCE THE CONTRACT AMOUNT AND PERMIT BUDGET FLEXIBILITY BETWEEN FISCAL YEARS March 12, 2019 Page 159 Item #16D4 ONE (1) RELEASE OF LIEN FOR $15,553.08, FOR FULL REPAYMENT OF A COUNTYWIDE IMPACT FEE FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING DWELLING UNIT Item #16D5 AUTHORIZE THE CHAIRMAN TO EXECUTE AN OUTGOING LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS (BOARD) AND THE NAPLES ART ASSOCIATION TO PROVIDE FREE PUBLIC ART EXHIBITS AT THE NORTH COLLIER REGIONAL PARK EXHIBIT HALL AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO SIGN THE REQUIRED RECEIPT OF ACCEPTANCE OF ARTWORK AT THE TIME OF DELIVERY Item #16D6 SERVICES FOR SENIORS, AFTER-THE-FACT, STANDARD CONTRACT AND ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., (AGENCY) AND TO AUTHORIZE ASSOCIATED BUDGET AMENDMENTS FOR THE FY19 OLDER AMERICANS ACT TITLE III PROGRAM IN THE AMOUNT OF ($24,206.22) Item #16D7 “AFTER-THE-FACT” AMENDMENTS AND ATTESTATION STATEMENTS WITH THE AREA AGENCY ON AGING FOR March 12, 2019 Page 160 SOUTHWEST FLORIDA, INC. (AGENCY), COMMUNITY CARE FOR THE ELDERLY (CCE), ALZHEIMER’S DISEASE INITIATIVE (ADI), AND HOME CARE FOR THE ELDERLY (HCE) GRANT PROGRAMS FOR SERVICES FOR SENIORS AND AUTHORIZE BUDGET AMENDMENTS TO REFLECT THE FINAL FY17/18 GRANT FUNDING AMOUNT (NET FISCAL IMPACT $49,620.96) Item #16D8 RESOLUTION 2019-40: RECOGNIZING A FY18-19 FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 5311 RURAL GRANT AWARD IN THE AMOUNT OF $379,787 TO PROVIDE TRANSIT SERVICE TO THE RURAL AREA OF COLLIER COUNTY; APPROVE A RESOLUTION AUTHORIZING THE CHAIR TO SIGN THE AGREEMENT AND ALL NECESSARY BUDGET AMENDMENTS AND CERTIFICATIONS. TOTAL FISCAL IMPACT IS $759,574 WITH A FEDERAL SHARE OF $379,787 AND LOCAL MATCH OF $379,787 Item #16D9 ACCEPT A FY18-19 FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 5310 GRANT AWARD IN THE AMOUNT OF $351,728, AUTHORIZE NECESSARY BUDGET AMENDMENTS, AND APPROVE THE PURCHASE OF FOUR (4) PARATRANSIT CUTAWAY VEHICLES AND FOUR (4) RADIOS AND TABLETS USING THESE FUNDS Item #16D10 March 12, 2019 Page 161 RESOLUTION 2019-41: EXECUTING THE ATTACHED FY19-20 PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IN THE AMOUNT OF $1,881,698 UNDER STATE TRANSIT BLOCK GRANT PROGRAM CONTRACT NUMBER G1577 PROVIDING FOR STATE FUNDING FOR ELIGIBLE COLLIER COUNTY FIXED ROUTE TRANSIT ADMINISTRATIVE, MANAGEMENT, AND OPERATIONAL EXPENSES IN THE AMOUNT OF $940,849, APPROVE A LOCAL MATCH IN THE AMOUNT OF $940,849, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS Item #16D11 THREE (3) AGREEMENTS FOR REQUEST FOR QUALIFICATION (RFQ) #18-7475 “FENCING INSTALLATION AND REPAIR SERVICES” TO: CARTER FENCE COMPANY, INC., CENTURY FENCE COMPANY, INC., AND ARC TECH CONSTRUCTION SERVICES, LLC, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENTS WITH AWARDED CONTRACTORS Item #16D12 AN APPLICANT-INSTALLED FACILITIES AGREEMENT FOR UNDERGROUND CONVERSIONS WITH FLORIDA POWER & LIGHT COMPANY (FPL) FOR PHASE IV OF THE VANDERBILT BEACH BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT (MSTU) UTILITY CONVERSION PROJECT March 12, 2019 Page 162 Item #16D13 RESOLUTION 2019-42: PERMITTING CASH AND NON-CASH DONATIONS FROM MEMBERS OF THE PUBLIC TO THE COMMUNITY AND HUMAN SERVICES DIVISION FOR THE SERVICES FOR SENIORS PROGRAM, SENIOR NUTRITION, AND THE RETIRED SENIOR VOLUNTEER PROGRAM Item #16D14 AN AFTER THE FACT ELECTRONIC GRANT APPLICATION SUBMITTAL IN THE AMOUNT OF $90,000 TO THE COMMUNITY AND HUMAN SERVICES DIVISION (CHS) FY19-20 HOUSING AND URBAN DEVELOPMENT, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR RENOVATIONS TO THE GOLDEN GATE SENIOR CENTER Item #16E1 RATIFY PROPERTY, CASUALTY, WORKERS’ COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE FIRST QUARTER OF FY19 Item #16E2 AN ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT March 12, 2019 Page 163 Item #16E3 THE SALE AND DISPOSAL OF SURPLUS ASSETS PER RESOLUTION 2013-095 VIA PUBLIC AUCTION ON APRIL 26 & 27, 2019; APPROVE THE ADDITION OF SURPLUS ITEMS RECEIVED SUBSEQUENT TO THE APPROVAL OF THIS AGENDA ITEM FOR SALE IN THE AUCTION; AND AUTHORIZE THE PROCUREMENT DIRECTOR, AS DESIGNEE FOR COUNTY MANAGER, TO SIGN FOR THE TRANSFER OF VEHICLE TITLES Item #16E4 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL Item #16F1 TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO SUPPORT TWO UPCOMING MAY 2019 SPORTS TOURISM EVENTS UP TO $14,250 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM Item #16F2 BUDGET AMENDMENTS TOTALING $50,000 THAT WILL PROVIDE FUNDING FOR VARIOUS AGENCIES WITHIN THE COURTS SYSTEM TO COVER ARTICLE V REVENUE March 12, 2019 Page 164 SHORTFALL FOR THE BALANCE OF FY2019 Item #16F3 RESOLUTION 2019-43: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2018-19 ADOPTED BUDGET Item #16F4 A WORK ORDER UNDER CONTRACT #15-6397 “ENVIRONMENTAL AND BIOLOGICAL STUDIES” FOR CLAM BAY MONITORING AND MANAGEMENT TO EARTH TECH ENVIRONMENTAL IN THE AMOUNT OF $212,250 Item #16H1 RECOGNIZING THE 43RD ANNIVERSARY OF THE COLLIER COUNTY FAIR, SCHEDULED FOR MARCH 14-24, 2019. THE PROCLAMATION WILL BE MAILED TO TJ SNOPKOWSKI, MARKETING & SPONSORSHIP DIRECTOR, COLLIER COUNTY FAIR & EXPOSITION, INC. Item #16J1 USE OF $5,000 FROM THE CONFISCATED TRUST FUNDS TO SUPPORT THE ACT-SO (ACADEMICS, CULTURAL TECHNICAL SCIENTIFIC OLYMPIC) PROGRAM FOR THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (NAACP) March 12, 2019 Page 165 Item #16J2 DETERMINING A VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF MARCH 6, 2019 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 FEBRUARY 14, 2019 AND FEBRUARY 27, 2019 PURSUANT TO FLORIDA STATUTE 136.06 Item #16K1 A MEDIATED SETTLEMENT AGREEMENT IN THE TOTAL AMOUNT OF $72,329.50, INCLUDING ATTORNEY AND EXPERT FEES AND COSTS, FOR THE TAKING OF PARCEL 460RDUE REQUIRED FOR THE EXPANSION OF GOLDEN GATE BLVD., PROJECT NO. 60145 (FROM EAST OF EVERGLADES BLVD. TO THE FAKA UNION CANAL), IN THE PENDING CASE STYLED COLLIER COUNTY V. CKC PROPERTY HOLDINGS, LLC, ET AL., CASE NO. 17-CA-1398 (FISCAL IMPACT: $52,439.50) Item #16K2 March 12, 2019 Page 166 A MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT TO SETTLE FINAL COMPENSATION FOR THE TAKING OF PARCEL 405RDUE, IN THE AMOUNT OF $33,377.70, INCLUDING STATUTORY ATTORNEY FEES AND COSTS, AND EXPERT FEES AND COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V. GG1 NAPLES, LLC, ET AL, CASE NO. 17-CA-1407, REQUIRED FOR THE GOLDEN GATE BOULEVARD EXPANSION PROJECT NO. 60145 (FISCAL IMPACT: $33,377.70) Item #16K3 RESOLUTION 2019-44: APPOINTING ONE MEMBER TO THE COASTAL ADVISORY COMMITTEE – APPOINTING SAM YOUNG, AS THE MARCO ISLAND REPRESENTATIVE, TO A TERM EXPIRING MAY 22, 2023 Item #16K4 RESOLUTION 2019-45: APPOINTING ONE MEMBER TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD – APPOINTING ALLEN SCHANTZEN TO A THREE-YEAR TERM EXPIRING ON MAY 22, 2022 Item #16K5 RESOLUTION 2019-46: APPOINTING A MEMBER TO THE PARKS AND RECREATION ADVISORY BOARD – APPOINTING JOSHUA FRUTH TO FILL THE REMAINDER OF A TERM EXPIRING DECEMBER 31, 2019 March 12, 2019 Page 167 Item #16K6 RESOLUTION 2019-47: APPOINTING TWO MEMBERS TO THE PUBLIC TRANSIT ADVISORY COMMITTEE – APPOINTING JAMES CATON TO FILL A TERM EXPIRING MARCH 22, 2020 AND CLIFFORD DONENFIELD TO A TERM EXPIRING MARCH 22, 2022 Item #16K7 AUTHORIZING THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK FOR PUBLIC HEARING AN ORDINANCE AMENDING ORDINANCE NO. 97- 8, AS AMENDED, THE COLLIER COUNTY FALSE ALARM ORDINANCE TO ALLOW FOR SERVICE OF WARNINGS AND CITATIONS TO BE MADE BY TEXT MESSAGE OR ELECTRONIC MAIL ***** March 12, 2019 Page 168 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:47 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL _______________________________________ WILLIAM L. McDANIEL, JR., CHAIRMAN ATTEST: CRYSTAL K. KINZEL, CLERK ___________________________ These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC.