Agenda 06/25/2019 Item # 2B (BCC Minutes Regular)06/25/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 2.B
Item Summary: May 28, 2019 BCC Meeting Minutes
Meeting Date: 06/25/2019
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
06/13/2019 3:48 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
06/13/2019 3:48 PM
Approved By:
Review:
County Manager's Office MaryJo Brock County Manager Review Completed 06/13/2019 3:48 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
2.B
Packet Pg. 16
May 28, 2019
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 28, 2019
LET IT BE REMEMBERED, that the Board of County ~
Commissioners, in and for the County of Collier, and also · 'ks
0
the Board of Zoning Appeals and as the governing b (r;;.·;:.~) of such
special districts as have been created accordiii-~
conducted business herein, met on t ~is da~ :00 a.m., in
REGULAR SESSION in Buildin :o>'~he Government Complex,
East Naples, Florida, with the _._...,........ ing members present:
AN: William L. McDaniel, Jr.
Burt L. Saunders
Donna Fiala
Andy Solis
Penny Taylor
chs, County Manager
1ck Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K . Kinzel, Clerk
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
May 28, 2019
9:00 AM
Commissioner William L. McDaniel, Jr., District 5 -Chair; CRAB Co-Chair
Commissioner Burt Saunders, District 3 -Vice-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Andy Solis, District 2
Commissioner Penny Taylor, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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May 28, 2019
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Pastor Greg Ball of Destiny Church Naples.
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. This item continued from the May 14, 2019 BCC Meeting. Approval of
the April 23, 2019 -BCC Meeting Minutes
3. AW ARDS AND RECOGNITIONS
A. EMPLOYEE
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May 28, 2019
1) 20 YEAR ATTENDEES
a) Shannon Darrow -Parks & Recreation
b) Joy Hancock -Communications & Customer Relations
c) Joe Penn -Wastewater
2) 25 YEAR ATTENDEES
3) 30 YEAR ATTENDEES
a) Jeff Walker -Risk Management
4) 35 YEAR ATTENDEES
B. ADVISORY BOARD MEMBERS
C. RETIREES
4. PROCLAMATIONS
A. Proclamation recognizing Naples Zoo at Caribbean Gardens as recipient of
the Waste Reduction Awards Program (WRAP) A ward, for contributing to
the greater good of Collier County by advocating the "Reduce, Reuse,
Recycle" message, thereby helping to prolong the usable life of the Collier
County Landfill. To be accepted by Danielle Green, Director of Gardens &
Grounds, Naples Zoo at Caribbean Gardens.
B. Proclamation designating May 2019 as Drowning Prevention Month in
Collier County. To be accepted by representatives of the NCH Safe &
Healthy Children's Coalition: Paula DiGrigoli, Sue Lester, Konnie Purcell,
Annie Alvarez and Sam Molina.
5. PRESENTATIONS
A. Presentation by the South Florida Water Management District regarding the
Western Everglades Restoration Project (WERP). (All Districts)
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May 28, 2019
B. Presentation by the County's Emergency Management Director on the status
of Hurricane Irma recovery and after-action efforts and hurricane
preparedness for the upcoming season. (All Districts)
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to exercise the second and final renewal option of the
Franchise Agreements for Solid Waste, Recyclable Materials, and Yard
Trash Collection Services with Waste Management Inc. of Florida, and
Waste Connections of Florida, Inc., for an additional term of seven years,
ending on September 30, 2027. (Kari Hodgson, Solid and Hazardous Waste
Management Division Director) (All Districts)
B. This item to be heard at 10:00 a.m. Recommendation to accept the offer
from Metro Commercial Development Group LLC in the amount of
$3,500,000 for the County-owned parcel located between Immokalee Road
and 4th Street Northeast (Randall Curve parcel) and authorize the County
Manager to negotiate a Developer Contribution Agreement with Immokalee
Road Rural Village for the development of a joint County and School
District project. (Toni A. Mott, Manager, Facilities Management Division)
(District 5)
C. Recommendation to provide staff direction on the Conservation Collier
Property Acquisition Strategy for future cycles. (Summer Araque, Principal
Environmental Specialist, Conservation Collier Coordinator, Parks and
Recreation Division) (All Districts)
D. Recommendation to authorize the creation of ten (10) additional Full-Time
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May 28, 2019
Equivalent positions in the Growth Management Department and purchase
fifteen ( 15) vehicles in response to increased customer demand. The
proposed positions will be funded with current user fee reserves, require no
additional fees; have no fiscal impact on the General Fund; and authorize all
necessary budget amendments. (James French, Growth Management Deputy
Department Head) (All Districts)
E. Recommendation to approve a Resolution amending the Collier County
Growth Management Department Development Services Fee Schedule, with
an effective date of October 1, 2019, decreasing fees by approximately
$335,000 annually. (James French, Growth Management Deputy
Department Head) (All Districts)
F. This item to be heard no sooner than 1:00 p.m. Reconsideration of Item
#1 lB from the March 26, 2019 BCC Meeting titled: Recommendation to
accept the report and suggestions from the Tourist Development Council for
next steps in regulating Short Term Vacation rentals in the unincorporated
area of Collier County. (Jack Wert, Tourism Division Director) (All
Districts)
G. This item to be heard no sooner than 1 :00 p.m. This item has been
continued from the May 14, 2019 BCC meeting. Recommendation to
further discuss the adoption of a Resolution from the May 14, 2019 Board of
County Commissioners Meeting which would ( 1) repeal the existing
property assessment clean energy (PACE) program, replacing it with a new
PACE Program limited to commercial, industrial and multi-family rental
apartment buildings, and (2) approve a new standard form membership
agreement with PACE providers also limited to commercial, industrial and
multi-family rental apartment buildings to better protect the public by
providing for more restrictive or additional requirements not found in the
standard form membership agreement or any other applicable law. In
addition, recommendation to direct staff to (1) send written notice of
termination of all existing membership agreements with current PACE
Providers, and (2) offer the new standard form membership agreement to all
existing and other interested PACE Providers. (James French, Deputy
Department Head, GMD) (All Districts)
12. COUNTY ATTORNEY'S REPORT
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May 28, 2019
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Proposed Future Workshop Schedule (All Districts)
16. CONSENT AGENDA -All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to recognize and appropriate revenue to the Traffic
Operations cost center, in the amount of $107,380 for Fiscal Year
2019 and authorize all necessary Budget Amendments. (All Districts)
2) Recommendation to recognize and appropriate insurance proceeds
revenue to the Landscape Operations-Various In-House Segments
cost center (163801), in the amount of $81,000 for Fiscal Year 2019
and authorize all necessary Budget Amendments. (All Districts)
3) Recommendation to accept the findings of the "Traffic Report: Golf
Cart Transportation on Chokoloskee and Plantation Island" and to
direct the County Attorney to advertise for a public hearing an
Ordinance allowing for the use of golf carts upon designated public
roads and streets on Chokoloskee Island and on Plantation Island,
Collier County. (District 5)
4) Recommendation to approve a waiver in accordance with the
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guidelines set forth in the Advance Street Name Guidelines policy and
Resolution No. 2012-114 for the placement of advance street name
guide signs along Collier Boulevard at the approaches to Cedar
Hammock Boulevard. (District 3)
5) Recommendation to approve Change Order No. 1 with Jacobs
Engineering Group, Inc., (formerly CH2M Hill Engineers, Inc.), to
add 730 days to the project schedule for design and post-design
services on Project No. 66066.14, "Palm River Boulevard Bridge
Replacement." (No additional funds are requested). (District 2)
6) Recommendation to accept a Multi-Way Stop Warrant Study and
approve the installation and operation of a 4-Way Stop control at the
intersection of Lely Resort Boulevard and Wildflower Way, at an
installation cost of approximately $400 with an annual maintenance
cost of approximately $100 (Cost Center 16360). (District 1)
7) Recommendation to approve final acceptance and the conveyance of
the potable water and sewer utility facilities for Coral Harbor Phase I,
PL20170000368 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.
(District 1)
8) Recommendation to approve final acceptance and the conveyance of
the potable water and sewer utility facilities for Coral Harbor Phase II,
PL20170000914 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.
(District 1)
9) Recommendation to approve final acceptance of the sewer facilities
for Waste Management Transfer Station, PL20180000285, accept the
conveyance of a portion of the sewer facilities, and to authorize the
County Manager, or his designee, to release the Utilities Performance
Security (UPS) and Final Obligation Bond in the total amount of
$6,839.44 to the Project Engineer or the Developer's designated
agent. (District 4)
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10) Recommendation to approve final acceptance of the potable water and
sewer facilities for Avalon ofNaples, PL20160002356, accept the
conveyance of a portion of the potable water and all 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 $75,061.39 to the Project Engineer or the
Developer's designated agent. (District 3)
11) Recommendation to approve final acceptance of the potable water and
sewer facilities for Tract Bat 3500 Corporate Plaza, PL20170003496,
accept the conveyance of a portion of the potable water facilities, and
to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in
the total amount of $8,837.94 to the Project Engineer or the
Developer's designated agent. (District 4)
12) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Brentwood Lakes -Phase One,
(Application Number PL20180001880) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security. (District 5)
13) Recommendation to approve the Second Amendment to the MPO
Lease Agreement and the Amended and Restated Staff Services
Agreement between Collier Metropolitan Planning Organization and
the Collier County Board of County Commissioners. (All Districts)
14) Recommendation to authorize proceeding with the final work
necessary for completion of the Vanderbilt Drive Stormwater
Management Outfall Recovery Project, authorize a budget amendment
in the amount of $150,000 to cover the cost of project design and
permitting and direct evaluation of inland tidal waterway shoaling
effects on stormwater runoff conveyance. (District 2)
B. COMMUNITY REDEVELOPMENT AGENCY
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1) Recommendation to approve the Three Party Escrow Agreement,
Locally Funded Agreement, and Transportation Post Project
Agreement between The Florida Department of Transportation and
Collier County for the installation and maintenance of holiday
attachments on light poles within the Immokalee Community
Redevelopment Area in Immokalee, Florida. (District 5)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award two (2) Agreements for Invitation to Bid
No. 18-7479, "Lift Station Preventative Maintenance and Repairs," to
Florida Utility Solutions, Inc., as Primary Contractor, and Advanced
Lift Station Services, Inc., as Secondary Contractor, for County-
owned lift station preventative maintenance and repair services. (All
Districts)
2) Recommendation to award Request for Proposal # 18-7424,
"Hazardous Materials Management," to US Ecology Tampa, Inc. (All
Districts)
3) Recommendation to release Golden Gate Estates Land Trust
properties from the Future Saleable List to the Active Sale List, to
reserve certain properties for governmental agencies, and to require
100% of appraised value for the sale of properties. (District 5)
4) Recommendation to approve an Agreement for Invitation to Bid No.
19-7574, "Northeast Service Area (NESA) Booster Pump
Modification at Orange Tree," Project Number 70179, to Haskins,
Inc., in the amount of $127,550, and authorize the necessary budget
amendment. (District 5)
5) Recommendation to approve a purchase order with Tradewinds Power
Corporation for 16 portable generators in the amount of $941,318
under the Florida Sheriffs Association Cooperative Purchasing
Program Contract# FSA18-VEH16.0 as validated by the
Infrastructure Surtax Citizen Oversight Committee, Project Number
50391, and authorize the necessary budget amendment. (District 1,
District 4)
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6) Recommendation to amend existing contract with Angie Brewer &
Associates, LC under Bid #12-5839, "Loan/Grant Acquisition and
Compliance Services," for an additional renewal period of one (1)
year, or until a new contract is awarded, whichever is sooner. (All
Districts)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and sign one mortgage satisfaction for
the State Housing Initiatives Partnership Loan Program in the amount
of $2,500. (District 5)
2) Recommendation to approve one State Housing Initiatives Partnership
Program Impact Fee release of lien in the amount of $3,929.52 for the
associated owner-occupied affordable housing dwelling unit where
the obligation has been repaid in full. (District 5)
3) Recommendation to approve an "after-the-fact" third amendment and
attestation statement with the Area Agency on Aging for Southwest
Florida, Inc., Home Care for the Elderly Grant Program for the Collier
County Services for Seniors and to increase funding in the amount of
$4,630. (All Districts)
4) Recommendation to approve "after-the-fact" second amendment and
attestation statement with the Area Agency on Aging for Southwest
Florida, Inc., to transfer funds between the Older American Act
Program Title III Services (IIIE) to Title III Supplemental Services
(IIIES). (All Districts)
5) This item was continued from the April 9, 2019, BCC meeting.
Recommendation to approve and authorize the Chairman to sign the
First Amendment to the State Mandated Agreement with David
Lawrence Mental Health Center, Inc. (All Districts)
6) Recommendation to approve a Memorandum of Understanding
between Collier County, as the provider of the Home Energy
Assistance Program, and Agricultural and Labor Program, Inc., as the
provider of Low-Income Home Energy Assistance Program, to
coordinate referrals and prevent duplication of benefits. (All Districts)
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7) Recommendation to approve the establishment of co-payment goals
and a Budget Amendment in the amount of $1,392,305.98 to allow
continuous operation of the Community Care for the Elderly,
Alzheimer's Disease Initiative, and Home Care for the Elderly grants
for the Collier County Services for Seniors Program from the Area
Agency on Aging for Southwest Florida, Inc ., prior to the execution of
the funding award. (All Districts)
8) Recommendation to approve the electronic submission of the Small
Matching Grant application to the Florida Department of State,
Division of Historical Resources, Historic Preservation Grants
Program to secure $48,300 in funding for the Budd Tavern
Observation Car located at the Naples Depot Museum and approve
$6,000 in Museum funds for project transportation costs. (District 4)
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to 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 second quarter of FY 19. (All Districts)
2) Recommendation to approve Amendment #1 to Agreement No. 15-
6409, P25 Digital Radio System, with Communications International,
Inc., and authorize the payment of outstanding FY19 maintenance
invoices in the amount of $186,300. (All Districts)
3) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
4) Recommendation to approve the administrative report prepared by the
Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
5) Recommendation to approve the sale and disposal of surplus assets
per Resolution 2013-095 via public auction on June 21 & 22, 2019;
approve the addition of surplus items received subsequent to the
approval of this Agenda Item for sale in the auction; and authorize the
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Procurement Director, as designee for County Manager, to sign for the
transfer of vehicle titles. (All Districts)
6) Recommendation to accept the report for the sale of items and
disbursement of funds associated with the County surplus auction held
on April 26 & 27, 2019. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively. (All Districts)
2) Recommendation to adopt a resolution approving amendments
( appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2018-19 Adopted Budget. (All Districts)
3) Recommendation to approve an agreement for Invitation to Bid No.
19-7513 "Pelican Bay Tree Pruning," to Safe and Green, Inc., d/b/a
Monster Tree Service of Southwest Florida, and authorize the
Chairman to execute the attached agreement. (District 2)
4) Recommendation to award Invitation to Bid (ITB) No. 19-7536 for
the Pelican Bay U.S. 41 Berm Landscape Restoration to Stahlman-
England Irrigation, Inc. in the amount of $477,000 and authorize the
Chairman to execute the attached agreement. (District 2)
G. AIRPORT AUTHORITY
1) Recommendation to approve the attached Access Agreement to grant
Terracon Consultants, Inc., access to the Immokalee Regional Airport
to perform a Phase I Environmental Site Assessment under the US
Environmental Protection Agency (EPA) Brownfields Assessment
Grant Program. (District 5)
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
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1) Miscellaneous Correspondence (All Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to serve as the local coordinating unit of
government for the Florida Department of Law Enforcement's Federal
Fiscal Year 2018 Edward Byrne Memorial, Justice Assistance Grant
(JAG) Countywide Program and (1) authorize the Chairman to
execute the Certification of Participation; (2) designate the Sheriff as
the official applicant and the Sheriff's office staff as grant financial
and program managers; (3) authorize the acceptance of the grant if
and when awarded; and ( 4) approve associated budget amendments
and approve the Collier County Sheriff's Office to receive and expend
the grant funds. (All Districts)
2) Recommendation to approve the FY 2019 SCAAP letter delegating
authority to Sheriff Kevin Rambosk to be the official grant applicant
and contact person, or his designee, and to receive, expends the
payment and make any necessary budget amendments of the FY 2019
of the State Criminal Alien Assistance Program (SCAAP) grant funds.
(All Districts)
3) Recommendation to approve the designation of the Sheriff as the
official applicant and point of contact for the U.S. Department of
Justice, COPS School Violence Prevention Program Grant (SVPP)
FY2019. Authorize the acceptance of the grant when awarded,
approve associated budget amendments and approve the Collier
County Sheriff's Office to receive and expend 2019 SVPP grant
funds. (All Districts)
4) To record in the minutes of the Board of County Commissioners, the
check number ( or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between May 2, 2019 and May 15, 2019 pursuant to Florida
Statute 136.06. (All Districts)
5) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of May 22,
2019. (All Districts)
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K. COUNTY ATTORNEY
1) Recommendation to approve the attached Settlement Agreement and
Release between the Collier County Board of County Commissioners
and Manhattan Road & Bridge, Inc., pertaining to the White
Boulevard over Cypress Canal Bridge Project (Project No. 66066.10).
(All Districts)
2) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement in the case styled Marie Michelle Jerome v.
Collier County (Case No. l 8-CA-2065), now pending in the Circuit
Court of the Twentieth Judicial Circuit in and for Collier County, for
the sum of $8,230.15. (All Districts)
3) Recommendation to approve a Mediated Settlement Agreement and
Stipulated Final Judgment to settle final compensation for the taking
of Parcel 434RDUE, in the amount of $20,832.50, including statutory
attorney fees and costs, and expert fees and costs, in the lawsuit styled
Collier County v. Kinh Thi Pham, et al, Case No. l 7-CA-1473,
required for the Golden Gate Boulevard Expansion Project No. 60145.
(Fiscal Impact: $16,932 .50) (All Districts)
4) Recommendation to approve a Mediated Settlement Agreement and
Stipulated Final Judgment to settle final compensation for the taking
of Parcel 445RDUE, in the amount of $26,551, including statutory
attorney fees and costs, and expert fees and costs, in the lawsuit styled
Collier County v. John R. Brunner, et al, Case No. l 7-CA-1452,
required for the Golden Gate Boulevard Expansion Project No. 60145.
(Fiscal Impact: $22,851) (All Districts)
5) Recommendation to appoint four members to the Coastal Advisory
Committee. (All Districts)
6) Recommendation to appoint a member to the Parks and Recreation
Advisory Board. (All Districts)
7) Recommendation to reappoint two members to the Forest Lakes
Roadway & Drainage Advisory Committee. (District 4)
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May 28, 2019
8) Recommendation to reappoint a member to the Bayshore/Gateway
Local Redevelopment Advisory Board. (District 4)
9) Recommendation to waive the residency requirement for a member of
the Immokalee Beautification MSTU Advisory Committee. (District
5)
10) Recommendation to approve and authorize the Chairman to execute a
Retention Agreement for specialized legal services on an "as needed"
basis with the law firm of Baker, Donelson, Bearman, Caldwell &
Berkowitz, P.C. (All Districts)
11) Request that the Board of County Commissioners directs the Collier
County Health Facilities Authority to disburse grant funds to certain
nonprofit health service agencies. (All Districts)
17. SUMMARY AGENDA -This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. Recommendation to adopt a resolution approving amendments
( appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2018-19 Adopted Budget. (All Districts)
B. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve An Ordinance
amending Ordinance No. 2009-21, as amended, the Esplanade Golf &
Country Club of Naples Residential Planned Unit Development, and
amending Ordinance No. 2004-41, the Collier County Land Development
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May 28, 2019
Code, by amending the appropriate zoning atlas map or maps by changing
the zoning classification of an additional 10± acres of land zoned Rural
Agricultural (A) to the Esplanade Golf & Country Club of Naples
Residential Planned Unit Development (RPUD); by reducing the maximum
number of residential dwelling units from 1233 to 1184 for the RPUD; to
modify the Master Plan; to revise the legal description; to modify
development commitments; and by providing an effective date. The property
to be added to the PUD is located just west of Collier Boulevard,
approximately two-thirds of a mile north of Immokalee Road, in Section 22,
Township 48 South, Range 26 East, Collier County, Florida, with the entire
PUD consisting of 1,668.3± acres. [PL20180002020] (District 3)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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May 28, 2019
May 28, 2019
MR. OCHS: Mr. Chairman, you have a live mic.
Ladies and gentlemen, please take your seats.
CHAIRMAN McDANIEL: Good morning, everybody.
THE AUDIENCE: Good morning.
CHAIRMAN McDANIEL: We are going to start off with o
invocation and pledge by Pastor Greg Bell of Destiny Church~
Naples. If you all would rise, please. ~ w
0
Item#l <,,<;
INVOCATION GIVEN BY PASTOR GRE ~--)c) DESTINY
CHURCH NAPLES
PASTOR BELL: Thank you. • A, 9o
God, we thank you for our B ~~County Commissioners, and
we thank you for the opportunit;.:: t a en this service or this meeting
with an invocation. ~
God, we thank you ~ B ible is full of instruction on
wisdom from Exodus to lation and we ask, God, that you would
give wisdom in thi me ing; that you would give the commissioners
wisdom to mak cisions and, God, your word tells us in Proverbs
4 7 that wisdo t principal thing, in all your getting, get
e ask that the people in this room would be able to
.............. _ standing and that wisdom would prevail.
d, we ask that you would give peace in the room with
· sion. We thank you, God, for all that you're doing, and we
r blessing over this meeting.
In Jesus' name we pray, amen.
CHAIRMAN McDANIEL: Commissioner Fiala, will you lead
us this morning.
COMMISSIONER FIALA: I will. Please put your hands over
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May 28, 2019
your hearts and say with me ...
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: Please remain standing, please, if
you don't mind. I forgot to say that at the beginning.
Commissioner Solis.
COMMISSIONER SOLIS: Yes. A couple years ago w ~!
an award to Carlos Anthony Ruiz, the Against All Odds A ~.
was an Afghanistan war veteran. And he came and told · tory a
few times to us to help us understand the needs of ou~~rans. And
he passed away this week. So I'd like a moment O ir--. ... -. ...
Ruiz.
(A moment of silence observed.)
COMMISSIONER SOLIS: Thank Yi
CHAIRMAN McDANIEL: T a r that, Commissioner
~f...-end. Terribly, terribly Solis. I had read about that overt
troubling.
MR. OCHS: Good mo ... J,,6,1:_._.,._, r. Chairman and Commissioners.
CHAIRMAN McD
Item #2A
T AY'S REGULAR, CONSENT AND
NDA AS AMENDED (EX PARTE
""'-T'l"'lla&.,;hROVIDED BY COMMISSION MEMBERS FOR
,,~.....,.L GENDA.) -APPROVED AND/OR ADOPTED
GES (COMMISSIONER TAYLOR VOTED "NO' ON
16K6
MR. OCHS: These are the proposed agenda changes for the
Board of County Commissioners' meeting of May 28th, 2019.
I'm pleased to announce we have no changes recommended or
Page 3
May 28, 2019
proposed for today's agenda at this time. We do have three
time-certain items on the agenda, Commissioners. The first is
Item 1 lB, and that is to be heard at 10 a.m., and that's listed on your
agenda as such. And then you have two items to be heard no sooner
than 1 p.m. Those are 1 lF, which has to do with the discussion
short-term vacation rentals, and 11 G, which has to do with a.,'\'(>
discussion on the PACE program. ~
So those are all the changes that I have at this poin~ 0
Mr. Chairman. ~
CHAIRMAN McDANIEL: Okay. Well, let'~:!.~~~rough and
do the ex parte. Commissioner Solis.
COMMISSIONER SOLIS: No changes, o
disclosures on the consent or summary a da.
CHAIRMAN McDANIEL: 0 ts,.,..., ... ,"" ... ~
Commissioner Fiala.
COMMISSIONER FIALA:
changes, no corrections, and
CHAIRMAN McD ~T~ .. ----Commissioner Taylor.
No
CO MMIS SI ONER LOR: Same with me. Thank you very
✓
ER SAUNDERS: And I have no changes and
no ex parte a
CHA McDANIEL: Okay. And nor do I. So with that,
I'll --
~..., ....... .L.JLER: Mr. Chair, I do remind you I have two
speakers for consent-agenda items.
AIRMAN McDANIEL: You do?
MR. MILLER: I have Teri Olin wishes to speak about
Item 16A3, and Charles Schumacher about 16K6 .
CHAIRMAN McDANIEL: Okay. Those folks' names were
called.
Page 4
May 28, 2019
COMMISSIONER SOLIS: Ms. Olin, can you come to the
microphone, please.
MS. OLIN: Good morning, Mr. Chairman and board members.
CHAIRMAN McDANIEL: Good morning.
MS. OLIN: I'm here to speak on the Chokoloskee golf ca~
petition t~at is on the agenda to make Chokoloskee a golf ,, '\ '(>
community. ~
CHAIRMAN McDANIEL: Yes. 0
MS. OLIN: In my opinion, the petition will onl ~•~late the
problems that we already have in Chokoloskee be·
the golf carts and the four-wheelers, and it be ..._o!ci
issue when you have probably over 200 golf c
residents that come during the season fro , and then you have
two marinas that have golf carts als ~. A,
So you add that to the comm i ~ ~ffic that quarter stretch
going on to Chokoloskee Island, · t omes --it becomes very
congested, and then we have --s our peak time for boating
traffic, and also we have~ nere that draws a lot of visitors and
motorcyclists.
So when you dd ~l o that into that congested area, it becomes
a big public-sa£ · ssue. And I, myself, have been cut off by a golf
cart that --th en o think they're going slow, and they don't mind
the rules o the d. Not only that, there are no safety mechanisms
V'\4']>,_ s no reverse, there's no tum signal, there's no horns,
,~.._.., ...... ke lights.
y proposal would be to maybe consider a golf cart path that
er between ORA, which is the primary community that's
interested in the golf cart petition, a golf cart path crossing them and
speed bumps going through there, and then we can have low-speed
vehicles on the road which are tagged and insured for the residents in
the community and also --because they transport visitors to our area
Page 5
May 28, 2019
on golf carts also, so that's also a public-safety issue.
So that's --I just wanted to say that.
CHAIRMAN McDANIEL: Thank you.
MS. OLIN: All right. Thank you.
MR. MILLER: Your other speaker is Charles Schumacher~
CHAIRMAN McDANIEL: You have a question for h~ '?)--
ma'am?
CO_MMISSIONER TAYLOR: Not for the speakelft ,_ u t a
process issue. ~~
CHAIRMAN McDANIEL: I'm sorry. I tho ~l, e had a
question for you. You're good.
COMMISSIONER TAYLOR: With this et tion for these golf
carts, what exactly are we involved in to ..,.,._,,........ his? Are we studying
this area to determine if it needs spe;d -TY--if it doesn't? Are we
taking polls of the residents? Wh e doing?
MR. CASALANGUIDA: d a public meeting, ma'am,
and you hired a professional e er to do a study. That is attached
to your item.
COMMISSIONER
MR. CASALAN~I A: And staff recommending allowing
certain facilities allow golf carts and certain not. So we followed
the guideline ui d in Florida Statutes, and a study was done.
And what ou e in front of you on the consent is a
recommen nl"l"lllllft-> to allow them on certain roads. So if you approve
that ----MISSIONER TAYLOR: It's done.
R. CASALANGUIDA: --it's done.
CHAIRMAN McDANIEL: The Sheriff was there. There was a
public meeting. I mean, she certainly --I mean, folks are --
obviously have different opinions along the way, but this was --this
was a very open --I thought a very open process.
Page 6
May 28, 2019
And the Sheriff was there. The community was there. There
were a lot of folks that were involved to get it to a point to allow
them to have the golf carts.
MR. OCHS: Mr. Chairman, again, just for clarification, this is
step one of your typical two-step process --~
CHAIRMAN McDANIEL: Correct. ~
MR. OCHS: --involved in adoption of an ordinance. li1s
action would accept the findings of the traffic engineer .-r----~ thorize
the County Attorney to prepare the ordinance for a fi ~-..-.-r•-.. oard
meeting. s
CHAIRMAN McDANIEL: And then w ' i at a future
meeting, at which point I'd like to have a meetr i h you to see if
there's any adjustments that he can --to, i~~t, make to it to address
the concerns, so... • "'1, -ro
COMMISSIONER TAYLO hM you. Thank you.
CHAIRMAN McDANIEL: e
MR. MILLER: Mr. Cha· a , your other speaker was for
Item 16K6 , Chuck Schu ... i _._...,, ..... _._....,
MR. SCHUMACH · Good morning, Commissioners.
CHAIRMAN Mc~ IEL: Good morning.
MR. SCH CHER: Thank you for your time.
I'm here e about Item K6 for the appointment to the Parks
and Rec committee.
resident of Collier County since 1998. My wife, who
.r.1."':;11111111..., ...... ere with me in 1998 as well is a teacher at Vineyards
, we have three children, so we use the parks quite a bit on
ar basis.
Over the last five years, especially being involved in my son's
Little League team, Cal Ripken, which has now grown to over 450
children in between four and 12 years old.
We've been using the Veterans Park as our --basically, as our
Page 7
May 28, 2019
home park. Over the last five years, that park has fallen into
disrepair. The fencing, nonworking score boards, we were down a
field last year completely, which prompted games to be pushed later.
The concern with that is that there was really no attention being aid
to that park, which being in its location and using by that amoun
kids, was concerning. ~
So my conversation with Commissioner Taylor, you .... ~ ........ :-~-.', she
kind of said, why would you want to be on an advisory ..,,. ~~~,y\~-~""'ittee?
Well , it's more of a selfish one being a dad and a coa hen you're
out there with the kids and your fields aren't set u ~---ctly, the
lights don't work when you have to have a niMT'lilll~ , and then you
look around and you see all the expansion we' ing, it's not so
much a question of why but that it's not g ·ng to the right people.
So that is what prompted my interesJ i e committee.
I've been working in managi iations since 2006. I
worked with a number of committ a number of boards. It's never
so much an issue of funding . J.~
is what's needed. U
re of an issue of recognition; this
So my want to be on t board is kind of selfish as a dad. So if
there's funds that could e allotted towards these parks, even having
used Golden Ga ark as well and Vineyards, there is areas of
---.---.... t I st don't think are being identified.
McDANIEL: I think you are on there, isn't he?
IONER TAYLOR: But he hasn't been
The P ARAB recommended a lady. And, by the way,
istake in the literature . She attests that she has sat on
---~ before, but the narrative from staff says she hasn't. So
somehow there's a conflict.
But when I heard Mr. Schumacher's reasons and I think his
superb qualifications, I would like to suggest that we have him sit on
the P ARAB. I think he'd be a great asset. He clearly has great
Page 8
May 28, 2019
organizational skills, and he understands the county and, more
importantly, he understands children and their needs in these parks.
CHAIRMAN McDANIEL: I misread this. We're only filling
one position right now?
COMMISSIONER TAYLOR: That's right.
MR. OCHS: That's correct.
CHAIRMAN McDANIEL: Not all three.
MR. OCHS: Yes.
CHAIRMAN McDANIEL: And Ms. Bercher's
recommended --the recommended one. ~ ..
MR. OCHS: By the advisory committee~~
CHAIRMAN McDANIEL: By the advis v ;committee.
COMMISSIONER SAUNDERS: just for the record,
Ms. Bercher did serve on the PARAJ3.
COMMISSIONER TAYLO remember?
COMMISSIONER SAUND::;.........__.c.,,· It was years ago. It was a
long time ago, but just --you dicated that didn't --that was
inconsistent with staffs · , but --
COMMISSIONER LOR: Yeah.
COMMISSIONE SAUNDERS: --she did serve.
COMMISS ER TAYLOR: Yeah, I didn't think that she was
putting f orw o hing that was incorrect.
CHA -~,,.. McDANIEL: Thank you, Mr. Schumacher.
MR. MACHER: Thank you, sir.
AN McDANIEL: Schumacher. Forgive me for the
ciation. Okay.
MMISSIONER FIALA: How many positions are available?
CHAIRMAN McDANIEL: One.
COMMISSIONER FIALA: Only one.
CHAIRMAN McDANIEL: And staffs recommended that
Ms. Bercher fill that position.
Page 9
May 28, 2019
MR. KLATZKOW: No, it's not staffs recommendation. It's the
advisory board's --
(Simultaneous speakers speaking.)
MR. KLATZKOW: --advisory boards.
CHAIRMAN McDANIEL: Correct. Not staff. Forgive m~
COMMISSIONER TAYLOR: How do we do this? ~
CHAIRMAN McDANIEL: Typically, if you have an . eon a
consent agenda, you would bring that up as we're settin Qagenda
and either continue that item and/or vote not in favor
recommendation that's coming before us.
COMMISSIONER TAYLOR: We have
CHAIRMAN McDANIEL: Correct. Yo
issue with one of the consent-agenda ite
MR. KLATZKOW: Pull it fro in ---.r--.--..~ and put it on regular if
you want to discuss it. ~
MR. OCHS: Or you can ju t · · cate you're voting against it as
part of the vote on the consen e da.
do it.
COMMISSIONER _.___, : Okay. So that's how we would
CHAIRMAN Mc~ IEL: Yes.
COMMISS ER TAYLOR: Okay.
CHAI cDANIEL: Unless you want it pulled; we can
to promote Mr. Schumacher. That's up to you.
IONER TAYLOR: Well, what I would like to do is
~illlilW"• support on this commission to put Mr. Schumacher on
t ~-B without Mr. Schumacher having to sit here to 5 o'clock
t. So that's my goal.
COMMISSIONER McDANIEL: And my question is, do they
have an alternative member there? I don't know if they have an
alternate member. And the second is, he, of course, can attend all of
the meetings and voice his opinions about things, right?
Page 10
May 28, 2019
CHAIRMAN McDANIEL: Sure. And there is a
recommendation already in the consent agenda for Ms. Bercher. It
was one of the three applications, so ...
COMMISSIONER FIALA: You know what, in case there's
somebody who doesn't attend regularly or something, if there's ~
alternate position, he can sit in and vote on whatever it is. Yo ~le
some good points and, you know, that's something we're all
concerned with is the kids in our community and the us ------.r--e parks.
CHAIRMAN McDANIEL: Well, and we want ....,...,__ .. _ e engaged
folks that are serving on these advisory committee . ' what
promotes --and I certainly believe Ms. Berch~ s ell. That's
not any slant on her by any stretch. It's just M ~ Schumacher wasn't
picked by the committee, so... C, _
COMMISSIONER FIALA: R ig . JO
CHAIRMAN McDANIEL: that, I'm going to start with
the agenda. Have we done the a ~""---· I've lost my place. Did we
make a motion to accept the a __ ,.,._?
COMMISSIONER .-.'JIii.,..~~-~ -No.
CHAIRMAN McD~ L: Okay. Let's do that.
COMMISSIONE FI LA: Motion to accept the agenda as
cDANIEL: As presented. Do I have a second?
NER SAUNDERS: I'll second that.
N McDANIEL: Okay. It's been moved and
e t we accept today's agenda as printed. Is there any other
~---1 ?
o response.)
CHAIRMAN McDANIEL: Do you want to --you want to
register your no vote on that now?
COMMISSIONER TAYLOR: Well, I'm going to approve the
agenda except for the recommendation of the P ARAB. I think
Page 11
May 28, 2019
Mr. Schumacher would be the right person at this time.
CHAIRMAN McDANIEL: So you're going to register a no
vote on 16K6.
MR. OCHS: Six.
CHAIRMAN McDANIEL: You okay with that? ~
COMMISSIONER SOLIS: So it's not being pulled? ,, '\ ~
CHAIRMAN McDANIEL: No. ~
COMMISSIONER SOLIS: Okay. 0
CHAIRMAN McDANIEL: All right. We're ge-r-.-....,,.... o a point
here now. So it's been moved and seconded that t ' agenda be
accepted as printed. All in favor? ~
COMMISSIONER SOLIS: Aye. ► ,
COMMISSIONER FIALA: Aye. (', _
CHAIRMAN McDANIEL: A y;e ""' ~
COMMISSIONER TAYLO ~,,
COMMISSIONER SAUND:::;._.......__.c.,,·• Aye.
posed same sign, same sound.
So moved. And just for the record,
aylor voted in the nay on 16K6.
Page 12
Time Certain Items:
Proposed Agenda Changes
Board of County Commissioners Meeting
May 28, 2019
Item llB to be heard at 10:00 a.m.
Item llF to be heard no sooner than 1:00 p.m.
Item llG to be heard no sooner than 1:00 p.m.
6/12/20191:02 PM
May 28, 2019
Item #2B (Continued from the May 14, 2019 BCC Meeting)
REGULAR MEETING MINUTES FROM APRIL 23, 2019 -
APPROVED AS PRESENTED
MR OCHS: Okay. Mr. Chairman, that takes us to Item .fl , 1s
is approval of the April 23rd, 2019, Board of County Com~oner
meeting minutes. ,t 0
COMMISSIONER FIALA: Motion to approv~ ~
CHAIRMAN McDANIEL: And a second? ~ ~
COMMISSIONER SOLIS: Second. ~ ~
CHAIRMAN McDANIEL: Somebody s,. ~e~ond. It's been
moved and seconded we accept the minut~~ printed. Any other
discussion? • "'1, ~
(No response.) ~~,
CHAIRMAN McDANIEL: . favor?
COMMISSIONER SOL .
COMMISSIONER
CHAIRMAN McD~ L: Aye.
COMMISSIONE TAYLOR: Aye.
COMMISS ER SAUNDERS: Aye.
CHAI cDANIEL: Opposed same sign, same sound .
. )
N McDANIEL: So moved.
~...,"--'HS: Mr. Chairman, if the Board would please join us in
e dais for our service awards.
AIRMAN McDANIEL: Here we go. You ready?
Item #3Al
AW ARDS AND RECOGNITIONS -EMPLOYEE -20 YEAR
Page 13
May 28, 2019
ATTENDEES
MR. OCHS: Commissioners, we have the pleasure of
recognizing three of our associates this morning for distinguished
long-standing service to the organization. ~
Our first service award recipient celebrating 20 years of · e
with our communications and customer relations division, J
Hancock. ,t 0
(Applause.) ~~
COMMISSIONER TAYLOR: When in dou ~!XS\.. Joy.
Item #3A3
. . morning 1s reco n
to county go ~-----e
JeffWalk Je .
( 1 s .)
e ith our
-EMPLOYEE -30 YEAR
omtnissioners, our final service award this
·ng a gentleman who's given 30 years of service
t, our outstanding Risk Management director,
1\11M~.r1 HS: That concludes our service awards. Thank you.
I~
PROCLAMATION -ONE MOTION TAKEN TO ADOPT BOTH
PROCLAMATIONS
Page 14
May 28, 2019
Item #4A
PROCLAMATION RECOGNIZING NAPLES ZOO AT
CARIBBEAN GARDENS AS RECIPIENT OF THE WASTE
REDUCTION AW ARDS PROGRAM (WRAP) AW ARD, FO
CONTRIBUTING TO THE GREATER GOOD OF COLLIE ~
COUNTY BY ADVOCATING THE "REDUCE, REUSE
RECYCLE" MESSAGE, THEREBY HELPING TOP r---=:__,;r-NG
THE USABLE LIFE OF THE COLLIER COUNTY DFILL.
ACCEPTED BY DANIELLE GREEN, DIRECT GARDENS
& GROUNDS, NAPLES ZOO AT CARIBB _____,.____ ENS -
ADOPTED
MR. OCHS: Commissioners ~e ~ this morning's
proclamations. Item 4A is a procl~~ .. ~ recognizing Naples Zoo at
Caribbean Gardens as recipient of aste Reduction Awards
Program award for contributi o e greater good of Collier County
by advocating the "Redu , , ........ ,e, Recycle" message thereby helping
to prolong the usable life e Collier County Landfill.
To be accepted bY. anielle Green, director of gardens and
grounds at the es Zoo at Caribbean Gardens.
(Applau
CO I NER FIALA: I can't wait to get over and see that
........... ...,,.e .
. ~~.,._._Se.)
IRMAN McDANIEL: Do you want to tell us about your
ne ize? Do you want to make a little statement about the lion
cubs?
MS. GREEN: Sure.
CHAIRMAN McDANIEL: Go to the microphone.
MS. GREEN: I'm pretty loud already, but I appreciate the
Page 15
May 28, 2019
opportunity to speak.
I'm Danielle Green, director of gardens and grounds at Naples
Zoo. If you haven't been there at all or in a long time, we need you to
come take a visit.
We just announced the birth of three South African lion cu
That's the first time that we've had lion cubs born at Naples Z
it's very exciting for us. It will be July before they're out o..,......,"'h1 it
just to make sure mom and little ones are getting well a a ted so
far. Shani, first-time mom, has done a really great jo ~~
them.
In addition, we have two clouded leopar hose are
going to be on display in our 2:30 Safari Cany ow. It's a great
time to see those up close, which is kind rarity.
They will be with us probably i n~~---~:...--Y't.. ybe four to six weeks
before they are sent out to their fu ..., ....... " ........... es.
In addition, I'm biased. I'm t rticulture director. So you
have to come out and see the ..w..'-"11~"""'-rful plants. They're always there,
big, little, and in betwee30 .'
Four to six months f~e clouded leopard. Okay. So a little bit
longer. But the trees ar forever.
Thank you ain. I appreciate the opportunity.
CHAI cDANIEL: Absolutely. Thank you.
(App
AMATION DESIGNATING MAY 2019 AS DROWNING
PR ENTION MONTH IN COLLIER COUNTY. ACCEPTED BY
REPRESENTATIVES OF THE NCH SAFE & HEALTHY
CHILDREN'S COALITION: PAULA DIGRIGOLI, SUE LESTER,
KONNIE PURCELL, ANNIE ALVAREZ, TERRI BALLOW AND
Page 16
May 28, 2019
SAM MOLINA -ADOPTED
MR. OCHS: ITEM 4B is a proclamation designating May 2019
as Drowning Prevention Month in Collier County. To be accepted by
representatives of the NCH Safe & Healthy Children's Coalition~
Paula DiGrigoli, Sue Lester, Konnie Purcell, Annie Alverez, ':{t ·
Ballow (phonetic), and Sam Molina. ~
(Applause.) ~o
MR. OCHS: And a big duck. ~~
COMMISSIONER TAYLOR: Okay. Guys ,~uknowhow
to swim? You do. ~
CHAIRMAN McDANIEL: Outstanding.► ,
COMMISSIONER TAYLOR: Wo . Congratulations.
(In unison the kids said: "N evei s · ne. ")
(Applause.) ~
MS. DiGRIGOLI: Good mo 1 . Hi. My name is Paula
DiGrigoli. I'm the executive · c r of the NCH Safe & Healthy
Children's Coalition of C · ounty.
On behalf of the 70 a cies and the advisory board of the
coalition, I'm hono ed t accept this proclamation. Thank you so
much for, once · n, proclaiming May to be Drowning Prevention
Month and fg(t~in a stand against this preventable tragedy.
Drow. i"!.:_~ntinues being the leading cause of death for
children ag o 4 in Florida and also in Collier County and the
~~, ...... g cause of death for children all ages, more than motor
cidents; however, in 2019, we have seen a decrease of 57
ng deaths according to DCF.
Last year around this time we already had 3 5 deaths but today,
this year, DCF is reporting 15. Unfortunately, one of those 15
Department of Healths happened here in Collier County. It was a
family from Chicago visiting and rented a home, and the home didn't
Page 17
May 28, 2019
have none of the layers of protection, and the 18-month-old baby girl
died. This is a reminder why the Coalition's work is important and
must continue.
I want to share some of the Coalition's successes. We believe
that the layers of protection are important, and they need to be in
place to avoid another tragedy. The more steps that we have, 1
save a life.
Swim Central, as we can see, some of those childr ~m
Immokalee participated in the 10-day water-safety pr~..--m over the
two-week period. As of today, 6,600 children hav-,amn, cipated in
this water-safety program, and over 57,000 w et lessons have
been taught. This program is possible thanks t t e aples Children
Education Foundation, founders of the N~----inter Wine Festival,
the Schultz Family Foundation, and.th ealthcare System.
Also, the Kids Don't Float, L · .-.. ... , .... ets Do, I know
Commissioner Fiala was very i tin this effort. Fifteen loaner
stations we have all around th ,_,..,...,.._..ty, and we have the U.S. Coast
Guard Auxiliary 93 reprj-J ..lrf"-· e who helps us to inspect the life
jacket conditions.
Also, I'm hap y to eport that the Sun N Fun Lagoon still holds
the Guinness w of record for the largest women's swimming
lesson consis · o ,000 participating --participants. It was
achieved i Ju ...... __,,,_,f 2014.
Plus, e the Duck is our water-safety mascot who joined us
in 20 ~~ meets approximately 20,000 people every year. He goes
reschools in town, and thanks to the Kiwanis Club of
Collier County for sponsoring this.
Also, I'm happy to announce that Dr. Shepherd, a member of the
coalition, she has been appointed by the Florida Chapter of American
Academy of Pediatrics to be the cochair of the drowning prevention
initiatives in Florida.
Page 18
May 28, 2019
Lastly, I want to thank the partnering with us --the County
Commission for partnering with us and also Barry Williams and
Richard Degalan and all his staff for the great Naples dog race and
the water-safety festival that we hosted back in February. Over a
thousand people attended, and they all learned how to be water s r.
And also, we were able to raise money that we are going to b ~ '(>
spending and we are already spending in water safety. ~
We look forward for February 1st when we're goi~\ e
hosting the second annual. ~ ~
Thank you again for helping us to achieve thi .,,---..._._ ___ sustain zero
drowning rates in Collier County, and I know i Iiams wants
to say a couple words on behalf of the county.
MR. WILLIAMS: Commissioners, ~ illiams, Parks and
Recreation director. • ~ ~
Just quickly, I wanted to say 0,6u for your support of our
participation with Naples Comm ospital and the water-safety
group, and Commissioner Fia t ed with the Kids Don't Float, and
so that's been a great inif · cl all the initiatives that we've
enjoyed over the years wi t is group. We've taught a lot of kids to
swim with the sup ort cJf th1s group. So thank you very much.
CHAIRM cDANIEL: Absolutely.
(Applau
CHA
MR.
Goodbye, Stew.
Mr. Chairman, we move on to this morning's
PRESENTATION BY THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT REGARDING THE WESTERN
EVERGLADES RESTORATION PROJECT (WERP)-
Page 19
May 28, 2019
PRESENTED
MR. OCHS: Item 5A is a presentation by the South Florida
Water Management District regarding the Western Everglades
Restoration Project. It will be presented this morning by Jennif~
Leeds, the section administrator for the district over policy arw '(>
coordination. ~
Good morning. 0
MS. LEEDS: Good morning. Again, my name'~;nt11ifer
Leeds. I'm with the South Florida Water Manage
it's a pleasure to be here this morning to give a presentation
on some of our Comprehensive Everglades Re o ation Projects. We
call them CERP projects, so that will be YI r only acronym for this . morning. A,
CHAIRMAN McDANIEL: •-~~ __ -,,w-,¥c out WERP?
COMMISSIONER TAYLO RP is there.
CHAIRMAN McDANI
MS. LEEDS: Yes , · e end, but what I mean is I'll refrain
from using acronyms thro out the presentation.
CHAIRMAN Mc ~ IEL: And Commissioner Solis and I live
in an acronym-fl zone; AFZ.
COMM O R SOLIS: AFZ, right.
MS. EE : Understood.
ly quickly, the Comprehensive Everglades
~ ..... ~.L Ian, or the CERP project, was first authorized by
back in 2000 in the Water Resources Development Act, and
it' /50 cost-share program that the Water Management District
imp ements with the Corps of Engineers.
The Corps of Engineers is the federal government, the federal
sponsor, and we're what we call the nonfederal sponsor. And so
together in this partnership, we both plan, design, and construct these
Page 20
May 28, 2019
various projects that are through our 16-county district. And the
primary function of this is to look at the timing, distribution, and the
quality of the water that's within the 16-county area.
So, quickly, some of the projects I'm going to talk about today,
starting with the north part of the system. I'm going to quickly
over the Kissimmee River Restoration Project, move down in
of the ST As that are north of Lake Okeechobee. We'll talk ... ,_JA,
quickly about both reservoirs that are in construction; b~Jil o the east
side, the C44, and on the west side, the C43. ~
The Everglades STAs which are between La .... ......,..........,,.. .. ..,echobee and
the water conservation areas, the Everglades te · n Area, and
then moving down we'll look at the EAA stora e eservoir that has
been planned and is in preliminary desig en go Picayune Strand,
and then we'll finally finish up by ta k · t the Western
Everglades Project. ~
So the Kissimmee River Re t ·on Project is actually almost
complete. There are just a fe -'"'·-racts left where they are still
backfilling some channe river.
The District acquire er 102,000 acres of historic river
floodplain, and tho e al)taS ave been, like, re-carved and 24 miles of
river have been ored. We're looking for this project to be
complete in ~J w the Corps in the lead for the construction of
this projec . ..._ ~
We're w.nl -">~-n --right here in this is called the Lower Kissimmee
Basi ~..,, nd they still have some additional backfilling to go on.
o ~... is complete, the main portion of the Kissimmee River will
.... -.~ll'J'ne.
Next, we're going to move a little bit further south, but we're still
north of Lake Okeechobee. And the District does have some
stormwater treatment areas in this area. All of those are north of the
lake. We have four: Taylor Creek, which is up here, small one;
Page 21
May 28, 2019
Nubbin Slough STA; Lakeside Ranch Stormwater Treatment Area,
which it has been complete, and they're currently finishing up a pump
station that will allow water from Lake Okeechobee to be pulled back
into this STA, cleaned, and then delivered back into Lake
Okeechobee; and then a small one up in St. Lucie County calle ~
10-Mile Creek Stormwater Treatment Area. '7\J
Next, we're going to move south of Lake Okeechobee d ~ese
are our primary stormwater treatment areas. We call th t e
Everglades Stormwater Treatment Areas. They are a~,J'V'....,ted
between Lake Okeechobee and what we call the E~-..~
Protection Area, and all these STAs are locat
Agricultural Area.
e Everglades
There's over 57 ,000 acres currently nctioning constructed
stormwater treatment area, and wha t t s they take in not only
lake water but also local basin run --t-till ..... ,.._..,. the EAA and treat that
water and then deliver it down i t t water conservation areas.
Then that water heads south al:J,,l,,...Ut~"' n into Everglades National Park.
We have two over lie east side called STA 1 East and
STA 1 West, in our centra ea we have STA 2 and STA 3/4, and
then over on thew ste l}l si e, we have what we call STA 5/6.
we implemented a program, a state-driven
water-qualit:i · ro ment program under Governor Scott called the
Governor' $8 illion Plan, and their primary focus of this project
was to imp water quality going into the Everglades, and we did
~11111tiW·,._ig some additional what we call green technology to our
nstructed treatment wetlands. We added something called
ualization basins that helped to attenuate some of those large
basin runoff that we were seeing going into the ST As. And so we
broke that down into what we call flow paths.
So I'll start here on the eastern side going into Water
Conservation Area 1. We added a 45,000-acre FEB to help attenuate
Page 22
May 28, 2019
some of the flows in this area. Additionally, we just finished
substantial completion for STA 1 West, our Stormwater Treatment
Area 1 West. We added another 4,700 acres there.
In the central flow path, we have what we call the A-1 FEB
which created 60,000 acre feet worth of shallow storage. ~
CHAIRMAN McDANIEL: FEB stands for? ~
MS. LEEDS: You caught me on that one. Flow equal" ion
basin. ,to
CHAIRMAN McDANIEL: Thank you. ~~
MS. LEEDS: And what does that is it acts li Nai~J bathtub.
So when you have a big, you know, pulse of er
put the water into that, like, bathtub area, hold · . nee the event
passes, then we're able to then deliver tha ater to the STAs as they
need it for the flow time in which t b_e 1--Af'.I.".., rus can be taken out of
the water before it goes down into ____ ,......, rglades Protection Area.
And then on the western flo we have two features that
we're putting in there. One is 139 flow equalization basin. It is
currently in design. We' 1 mproving the treatment performance
within Stormwater Treat·~·" Area 5/6 by doing some earthwork in
there.
Right now
which that ti
quality go·
Protection
✓
of this work is set to be complete by 2024 in
ac of these areas will help to improve the water
ugh the ST As and down into the Everglades
~.....,.., ....... about some of the --
IRMAN McDANIEL: One second. There's a question.
MMISSIONER TAYLOR: So ifwe go to the restoration
strategy, so this water, you're not pumping from Lake Okeechobee,
what's happening, this is the runoff for the natural flow that --
MS. LEEDS: So it takes in both. So right now currently, as we
see today, there's water from Lake Okeechobee that's flowing south,
Page 23
May 28, 2019
plus there's also local basin runoff in each of these areas that feed into
these particular STAs. So that is taking in both.
COMMISSIONER TAYLOR: Okay.
MS. LEEDS: What this is doing is the primary function of the
restoration strategies project was to improve the quality of the w r.
COMMISSIONER TAYLOR: Okay. ~
. CHAIRMAN McDANIEL: And then they ran into ~ ·1y
issues. U
MS. LEEDS: Yeah. And I actually have a slid~~--at in a
little bit.
CHAIRMAN McDANIEL: Okay. We'l e
continue. Won't we?
MS. LEEDS: So on the eastern side e're currently building
one of our reservoirs that will take li-k ,.,.., ...... ...,nd hold that before it
goes into the St. Lucie Estuary, a t a project that we're
building with the Corps of Engi e s he Water Management
District is building one of the _____ .1 • onal stormwater treatment areas
on the eastern side. It's ,__,.,rrr OO acres, and it's planned to be
complete this fall, actuall .
And currentlY, the ~orps is constructing the reservoir. It's a
3,400-acre rese · and will hold a little bit over 50,000 acre feet
worth of wat , nd at will take lake water coming off and hold it
there rathe tha aving it go directly discharge to the St. Lucie
Estuary.
est side is the Caloosahatchee River West Basin
eservoir. This is a little over 10,000 acres, and it is
d to hold 170,000 acre feet worth of water. It also will
improve the timing and delivery of water coming from Lake
Okeechobee as it's heading into the Caloosahatchee Estuary.
During times when there are high flows, we can divert water
into this reservoir, and then during this dry season, one of its main
Page 24
May 28, 2019
functions is to help improve some of the low-flow dry season
freshwater delivers that the estuary needs to help with its salinity
levels.
Currently, the reservoir has let its contract out to build the
embankment, and it's planned to be complete in about 2023. So~
they're doing a lot of work out there right now. ~
CHAIRMAN McDANIEL: And before you go awa:x . the
location of that reservoir, is it not right on the Lee/Hen~unty
line? ~~~
MS. LEEDS: Yes, very close to it.
CHAIRMAN McDANIEL: Yeah. Are e lans of
diverting water out of that south through that i canal that's owned
by the East Lee County Drainage District t runs all the way
straight down through and undemeaJ h ad 82 and into the
north end of the CREWS? ~
MS. LEEDS: No. It's onl:x d 1 ned to take water from the
Caloosahatchee River and the · er it back to it.
CHAIRMAN McD .. -DIIIIIIIIP" Okay.
MS. LEEDS: There connection to --for it to go south.
CHAIRMAN Mc ~ IEL: Okay.
MS. LEED~Okay. Next, I'm going to go over the EAA
reservoir and ~E~ STA.
This oje · s part of what we call the Central Everglades
AN McDANIEL: Did we not tell her that this is an
~~ ~MMISSIONER SOLIS: We tried.
MS. LEEDS: Sometimes it's hard to kind of not lapse into the --
CHAIRMAN McDANIEL: You talk about this stuff all the
time, but the people that are watching don't.
MS. LEEDS: Yeah. So the Central Everglades Planning
Page 25
May 28, 2019
Project, the purpose of this project was to open up the central part of
the Everglades system. There are features all throughout the central
part of the Everglades here.
And what that will allow us to do is to divert some of the flows
that are currently going out to the estuaries and send them south~
through our stormwater treatment areas, through this addition J(>.
reservoir that we're going to build, and into the Everglades ection
Area. 0
So, currently, the reservoir right now is designe rt-.,..,.._.,,a a little
over 10,000 acres, and it is going to hold 240,000 .,..,_ ... ,__
water. So this one is designed to bring those 1t
Okeechobee flows south, store them into the r e oir, and when the
events are gone, then deliver them south. d e water has been
designated to protect the environme t. Everglades calls for
some of these additional flows, an t · what gets us there.
In addition to that, because ringing in so much additional
water south, it does have to ........ _....,,.,~-.u te water-quality standards, and so
because of that, we desi~~~ ormwater treatment area that is a
little over 6,500 acres so t t additional water that comes into the
reservoir can be treated ef ore it sends south, and in addition to that,
we need to do s'6.I._._~..., canal improvements to allow some of those
additional flo s to me into the reservoir.
This · closeup of what it looks like. It's situated just to
the west o ~-1\-1 Flow Equalization Basin, and really the
take-ILJ!!lll,_,,..om this particular map is that it allows us a lot of
fl""_,_ 1 to move water in this entire complex in the central part of
tern. We can literally take in water to this reservoir, send it to
the new STA, send it over to the A-1 FEB. It can go down into
Stormwater Treatment Area 3/4, or it can go over to Stormwater
Treatment Area 2 depending on where we have capacity to treat the
water. So this particular new feature really helps us in our
Page 26
May 28, 2019
operational flexibility and in moving that water south.
So next, I just want to go down to the southwest area. This is
the Picayune Strand Restoration Project. This project is designed to
restore over 55,000 acres of wetlands and uplands. It involved three
canal --backfilling three canals, removing some roads, putting s e
pump stations in. It is close to being complete. '1>
Currently, we're looking at, with the Corps in this area tlie
southwest side, designing what they call a protection le a d so
that's being modeled, and it's currently under design Once
that is done and built, the final features for this pr
complete, and then it will be fully functional.
And then the last one I'll finish up with is estem
Everglades Restoration Project. This is w t we call --it's in the
planning stage. This isn't a current 11 r · 's in design or
construction. It is within the plan · cess, and this is, like, a
three-year --three-to four-year~ · g process that we do with the
Corps. ~~
It's approximately 7 acres. That's roughly the size of the
state of Rhode Island, so 1 fairly large planning area. It is
historically domin ted ~ wetlands, and the current land use is
natural land, we ds, and agriculture.
There's e k: features in this to point out. One, we have two
_.__.__¥...Jeminole Tribe of Florida up here kind of in the
nd we also have the Miccosukee Tribe of Indians of
~....,,-...... are also within the planning project here, and then just
t of the Seminole Tribe they have a little land piece over
This deals with what we call the feeder canal basin and water
that flows south down these canals towards --through the Seminole
Tribe and into the Miccosukee Tribe of Indians of Florida
Reservation. Water then can also get out into Water Conversation
Page 27
May 28, 2019
Area 3A.
This is also looking at this canal down here in Big Cypress
National Preserve and being able to flow some additional waters
down this way. It's primarily to restore the quantity but also the
quality of the water from the north areas. ~
Heading south. It will also help to raise groundwater lev.ft~
within Big Cypress, which will help attenuate some of the ~res
that have been associated with altered hydrology, and it ·-~.1-lso
improve water-quality conditions, and it's looking to ___, ........ ~
system-wide resiliency.
As you can see with this particular map, · '
help with some of the water flows that are goi
Cypress.
And then the last slide I have, t ickly over the
features. In the north part of the .. -w: ..... ,... .. ,~ area, we're looking at two
different stormwater treatment are help clean some of the water
as it's leaving the feeder canal before it heads south through the
tribes and into Big Cypr .-.r ........ · nal Preserve. We've got one here on
the western side called th ingate Mill Stormwater Treatment Area,
and then we have anot~r one we're putting on state land within the
C 13 9 annex to t some of the flows from the feeder canal basin
· ng at doing some features within this particular
p with some sheet flow down into Big Cypress, so
~~L ...... g at doing some plugging.
er down, this particular canal area here, the Miccosukees
quested that this is removed and we backfill it to help with
some sheet flow coming into Big Cypress area. As we move further
south, we're looking at backfilling this piece of the canal and then
putting some structures in here to allow some additional water flow
to come over to the west and then down into Everglades National
Page 28
May 28, 2019
Park.
So, again, this project is in the planning phase. It's getting very
close to having what we call the proposed plan. And, actually, in
July we'll be taking this project to our governing board at the Water
Management District so they can have some input on that propos
plan prior to it going to the Army Corps of Engineers for app ~
So with that, that kind of wraps up my quick high-lev~ w
overview. I apologize for getting a few acronyms still ,__,__..-..e. in
there. ~~
CHAIRMAN McDANIEL: Okay. I was jus ,~ you a hard
time. You did a really good job, by the way. ~
Commissioner Taylor. ~
1
',
COMMISSIONER TAYLOR: Ijus anted to compliment
South Florida Water Management. y'-,11,,.µ.L--ne Strand, I've been
out there with Ms. Koehler on tw ·ons. First, when I was first
elected, I did the ground tour, a~ \I; just recently I got to see the
overview. It's remarkable. ~~
MS. LEEDS: It's s.,~_._ .... r
COMMISSIONER LOR: And it works.
MS. LEEDS: Wh~'s going on out there, yeah.
COMMISS ER TAYLOR: That's the best part of it. I know
it's been cont rs1 , but what you've restored and to see it just
coming bl so · g back is extraordinary, and it's only going to help
us in the lo n, so many, many compliments.
"'-~i-...~..I...JDS: Yeah. The team did a great job with that.
MISSIONER TAYLOR: We look forward to this.
AIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. And you may not be
the right person to ask. But I understand that one of the problems
with pollution going into Lake Okeechobee at this point is the
application of treated sewage on farms north of Lake Okeechobee, in
Page 29
May 28, 2019
the Kissimmee River basin.
Is there any effort to regulate that or prohibit that? Are you
familiar at all with that issue?
MS. LEEDS: I've heard of it but, actually, I am not the right
person to address that. I don't know about the application of that to
farmlands. I know that north of the lake they have what they ~A(
best-management practices, which they work with the local ~ers,
the Florida Department of Agriculture and Community v es does
that. But beyond that, I'm not sure .
COMMISSIONER SAUNDERS: Thank yo
CHAIRMAN McDANIEL: Commissio~....--..._-s.
COMMISSIONER SOLIS: Thank you £ t e great
presentation. And just a couple questions · relation to some
presentations that we received a cou.rl ks ago from both of the
tribes. ~
Number one, as I recall, a lot ----_1•~~eir information was based on
the District's data, and I recall ere was some math that was
concerning to me in ref e~~~ ow many cubic tons of phosphate
and --or phosphorus and ogen and other things that are going into
the lake and then comi~ out of the lake and that the math seemed to
be getting wors eA
I'm just o~d~g, are we going to be able to get ahead of it , or
what's the tu ook like from your perspective?
MS. ~~~~s: So, certainly, some of the projects that we're
"IUJ...,,, .. ¥lementing will help. It's a complex problem. I think it's
a ke a lot of effort and a lot of thought on --
MMIS SI ONER SOLIS: Sure.
MS. LEEDS: --what's going to help with that and also looking
at the broad spectrum of, you know, what's currently coming in, what
are the activities going on north of the lake and getting a handle on
that. Some of that work is being done. Some of it's being done by
Page 30
May 28, 2019
other agencies as well and other state agencies, too.
So I can speak to what the Water Management District is doing,
but I know there's some other focus from some other groups on that,
maybe some other state agencies as well.
So with some of the storm water treatment areas we have no
of the lake, with some of the other planning projects that we llfl~
going on --we have another one within the comprehensive ~
Everglades restoration realm called the Lake Okeechob tershed
Restoration Project. One of the purposes of that is to ome
storage north of the lake to look at attenuating so~~j~ ose flows as
they're coming down the Kissimmee River an o
then that will help not only the estuaries, but it i Help some of the
lower lake levels. Projects like that, they ut they're very large
projects, and sometimes they don't an ast as we all would
want them to happen. ~
COMMISSIONER SOLIS:
MS. LEEDS: But some e projects are in the works.
COMMISSIONER ~-And the other thing that I heard that
kind of surprised me was e was a figure --I think it was
$17.8 billion --K se to the STAs. Was that --is that about the right
number?
MS. LE : ould have to check that for you --
NER SOLIS: All right.
~~~-:::.,.~S: --just to be sure, but we do have right now over
~~of STA.
MISSIONER SOLIS: Uh-huh.
S. LEEDS: But I can check the number on that for you.
COMMISSIONER SOLIS: Yeah, I'd be interested in that just
because the --what I had heard was that the total cost was
$1.8 billion and that the amount of, I think it was, phosphorus that
was removed as a result of that expenditure, somehow my math --
Page 31
May 28, 2019
and, again, my phone didn't have enough zeros on it, I think, but it
was something like $750,000 per ton.
And I'd like to know if those numbers were, from your
perspective, the right numbers. And if somebody --maybe Lisa can
help me understand those numbers. '
MS. LEEDS: Yeah. We can certainly get that inform~~
you. We report out on this every year in our South Florida
Environmental Report that goes to Florida Department
Environmental Protection, and it also takes --it also
much phosphorus, like, tons of phosphorus have b
year in our stormwater treatment areas, but I .I.~~·
I'll definitely get the number back to you.
COMMISSIONER SOLIS: Thank Yi .
CHAIRMAN McDANIEL: C ~ . s er Taylor.
COMMISSIONER TAYLO s couple of questions. Can
you please explain the hierarchy · e Okeechobee management?
Because there's more than So ~ ...... w-rida Water Management District
there. Could you --and J..J!U,11,~""'J.J. entity is responsible for. I mean,
if there's a lot of subgroup hat's not important; just the main
groups, please. /
MS. LEED . So you're probably primarily speaking of who
kind of contr s he cks of the lake and the water, the discharges
of lakes?
IONER TAYLOR: The whole Lake Okeechobee
LEEDS: So, technically, the Army Corps of Engineers is
who controls the releases coming and going to the estuaries,
righ , because it's part of the Central and Southern Flood Control
District, but it's also a navigation on the lake as well. So they control
that --those locks both to the east and to the west.
The Water Management District has some smaller structures
Page 32
May 28, 2019
south of the lake in which we can let water out to the south, and then
every other week they have something called a periodic call which all
different entities can call and weigh in on. So even though the Corps
has the lead on it, they also take into account information from not
only the water managers, from the Water Management District,
other entities that call into that, periodic scientist call as well. '(>
COMMISSIONER TAYLOR: And then we heard so ......... ""_
testimony a couple weeks ago that it's not enough just t ..._ ... 'laf.&-.Ll ove the
phosphorus, there's other issues, and that the STAs ar. as --the
best form of purifying the water or improving the ~l,•-.
to --I don't want to mislead anyone. Can you ea o hat, please.
MS. LEEDS: Well, I can tell you that the t rmwater treatment
areas were designed to remove phospho . Th'.at' s their primary
function. And their primary functio ove phosphorus and
water from the Everglades Agricu rea as it went south to the
Everglades Protection Area. It wa r ognized that that particular
nutrient was allowing cattails and at an ever-expansive rate.
And even though they're i it wasn't the natural environment.
The Everglades is a very -phosphorus environment, and this was
high-phosphorus water)hat was coming in.
So they are igned strictly to move phosphorus. Some
nitrogen maY,: r o t as a result, but as far as some of the other
constituen ater quality, again, they were designed to address
phosphoru
""-:~""iiSSIONER TAYLOR: Thank you. That makes sense.
IRMAN McDANIEL: Well, that leads me right to my
qu _,j~ns, and that was, what type of nutrient extraction
metliodologies do you have going on? Is it strictly, predominantly,
for phosphorus?
MS. LEEDS: Yes.
CHAIRMAN McDANIEL: Okay. Is there an opportunity to
Page 33
May 28, 2019
adjust the methodologies for other nutrients that are part and parcel to
the discharges?
MS. LEEDS: So I know in the past they've looked at, from a
science perspective, how to maybe design and treat and reduce
nitrogen coming down the Caloosahatchee River with, like, the
technology and, like, with different plants and the water flow ............. ""
coming through it.
I know that the Water Quality Feasibility Study th Q received
an executive order from Governor DeSantis, I believ oing to
look at not only addressing phosphorus, but they looking at
nitrogen. I'm not 100 percent. I'd have to ch o a for you.
CHAIRMAN McDANIEL: Okay. Well -a d that flies in line
with what you're being asked by us. We'r. earing a lot of
information and there's --by the way , -~,.:::; .. ~~-ot a silver bullet for
this issue. There's a lot of circum ,_, ....... _, all the way, Commissioner
Saunders, from what's transpirin of the lake to how we're
attenuating the water on the s
So I just --I just wa..,,....~~i;;~, ....... e it --as we're going through this --
as we're going through th motions, I just want to make this very
clear that we're doi g e rything we possibly can to hit both sides of
the nutrient issu at are coming out of that lake.
I heard etli g from one of the --from one of the speakers
that we ha a c le of weeks ago, and that was my question to you:
Jurisdictio , who's in charge of the lake itself? I mean, one of the
pres ~..,. o weeks ago said straight up, well, you could dump
d · n#T'l'O-ater in the north end of the lake, and it would come out
d on the south side.
So for and until we actually dredge that lake and take those --
the nutrients that are laying on the bottom of that, who's in charge of
that? Is there anyone?
MS. LEEDS: Again, the question about lake management, I
Page 34
May 28, 2019
think, it comes down to, you know, the Corps is the one who
regulates the discharges. The Water Management District has input
onto that, but with respect to who can go in there and implement
those projects, I mean, if the Water Management District was
directed to do that from the governor's office --~
CHAIRMA~ McDANIEL: Okay. , '\ ~
MS. LEEDS. --yeah. ~
CHAIRMAN McDANIEL: Okay. Well, just so Y.""~~ow,
there's a gentleman sitting in the back of the room th part and
parcel to a very, very successful cleanup project c ake Trafford
where they actually, in fact, went and pumpe ....,....~ii ,~
two million tons of sludge out of the bottom o la e, and now we
have a thriving Lake Trafford. I mean, t~~ catching eight-and
10-pounders out there now today. • "'1, ~
So thank you very much, Jen · ~ ~at was a fine presentation.
MS. LEEDS: You're welco
COMMISSIONER TAY . Thank you.
MR. OCHS: Mr. Chdlllllilw~_,. ... , before we move on, I failed to ask
for a motion to accept to ' proclamations, if we could get that
done, please. /
COMMISS ER TAYLOR: So moved.
COMM O R FIALA: Second.
CHA McDANIEL: It's been moved and seconded that
"'"'-'-'.V Y s proclamations. A good chair would have reminded
OCHS: No. My fault, sir.
AIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
Page 35
May 28, 2019
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
MR. OCHS: Mr. Chairman, you have your 10 o'clock
time-certain. Would you like to hear your brief --~
CHAIRMAN McDANIEL: Yes, yes. ,, '\ ~
MR. OCHS: --presentation under 5B first? ~
CHAIRMAN McDANIEL: Dan's going to be bri ~o
MR. OCHS: This Dan? ~ ',,
CHAIRMAN McDANIEL: Be brief, be brill. ,~
Item#5B ~
~--'-l!.IP-'RGENCY
TATUS OF HURRICANE
TION EFFORTS AND
PRESENTATION BY THE COUNJ
MANAGEMENT DIRECTOR 0
IRMA RECOVERY AND AFTE -
HURRICANE PREP AREDN . .-......_.. OR THE UPCOMING SEASON
-PRESENTED
MR. OCHS: Co ~issioners, Item 5B is a presentation by the
county's Emerg Management director, Dan Summers, on the
status of Hu · e a recovery and after-action efforts and
hurricane ep..,.,...,"'""_ness for the upcoming season.
MR. ERS: Commissioners, good morning. For the
ummers, director of the Bureau of Emergency Services
ency Management. And you asked for me to be acronym
may have to stop talking right now, so I'll do my best.
CHAIRMAN McDANIEL: Just answer this. Is everything
good?
MR. SUMMERS: Everything's good, sir. Right now that's
good.
Page 36
May 28, 2019
Real quick, let me take an opportunity just to --some of my staff
is here today, and they've certainly been part of this tremendous
response and recovery effort.
Lauren Bonica, our Human Services program manager; John
Newman with our Logistics Division; Wade Halbert, our new
voluntary and unmet needs recovery coordinator; William La
alert and warning coordinator; and very proud, this is his fi
minutes on the job, we have a transitional senior airman ___ =~
Force, Mr. Philip Paddock (phonetic), and Philip is j ~·~ ... ,,F,
summer as he attends Embry-Riddle University.
his services, and we're happy to have him on
minutes on the job this morning.
I'm not going to --we have a slide h ave a lot for you to
read, but just real quickly, obviousl~, v..,,,,._,~.,. a major hit with
Hurricane Irma. And I think the t · ant you to take out of that
is our priority statement at the bot is our job is to support the
survivors, restore power, brin ck to pre-disaster conditions, and
bring us back to quality l'IP-"",...,. And, certainly, this is a tremendous
team effort on behalf of e one in Collier County and our public
and private partner . /
The signifi ce in this particular slide besides 3. 618 million
cubic yards o e ive debris by our solid waste folks, just a
phenomen 1 eT -'f'"T. And as you know, we were on the heels of
Hurricane ey, so that was quite challenging.
e most noteworthy component here is the power
Although there were 5 million customers without power
in o da as a result of Irma, our power restoration came back
significantly after 10 days as opposed to 18 days with Wilma.
And our after-action review process --and a real tip of the hat to
County Manager Leo Ochs and to Nick in terms of they've really
been driving us hard countywide to make sure that we're working on
Page 37
May 28, 2019
these corrective action items, and we've enjoyed that review almost
monthly since Irma.
We had three components within our after-action review;
certainly, our independent review by the consultant that we shared
with you shortly after Irma; our ongoing agency activity and; fin
our continuous evaluation. Three hundred sixty-five days a y~~
our preparedness motto in Collier County and Emergency ~
Management working every day to refine policies and P. ---=~-
There are about six major components here in a
remember, were kind of worrisome. First of all, "Wat.f'....,.
strategies, both retail and governmental, shelt ta
homes; generator power. We'll talk briefly ab t
potable and wastewater; landline and wir s communications I
know was a little frustrating for us ~ rvivor recovery and
public messaging. ~
Real quick, let's talk about t ~l This is the toughy. We're
doing good on the govemme · , and we have built additional
contracting capability, a · a Division of Emergency
Management has made a concerted effort to revisit their
strategies for emer enc response.
The legisla took a close look at fuel actions this year but,
unfortunatelx 1t die in committee. I highly suspect that we'll see
some initi t of Florida Division of Emergency Management
and even -t-.-... e legislative package this year to revisit retail fuel
strat ~...., ........ ing times of disaster. Unfortunately, this was only
--=--~---~1 and strengthened as a result of Hurricane Michael as well.
Florida's had two tough goes, so to speak, with retail fuel,
and think you'll see some new strategies at the state level to make
this a little bit better.
Our successes have been we've programmed an additional fuel
wagon. We're also reaching out --there's very limited statutory
Page 38
May 28, 2019
authority that I have with retail fuel. We were hoping some of that
legislation would change this year. We're going to poll local fuel
stations and just see the ones that meet the state requirement and see
what their kilowatt requirements are for generators. I suspect we'll
see the state maybe partner with the retail fuel distributors to see
there isn't some way to bring retail fuel back. '(>
But one point of --comment here with retail fuel, und----.,..na
that really it's one thing to have fuel in the ground; it's a li r thing
to have power. But if they don't have Internet conne · , point of
sale, meaning sliding your card in and out of the .... ~""""'"-""l ...... e, 1s
problematic. A lot of these facilities, retail es li ents, would
prefer not to do all that volume of fuel in cash. point of sale is one
issue and power, certainly, is the other.
We couldn't have asked for beti er -. ...... ..---.-nr with our expanding
shelter numbers from the support rom Dr. Patton. She just
recently spoke at the governor's 1 ne conference. She has
entered into a new interlocal ............. ._e ent with us, and she's done
substantial training with .._,._.,, .... related to shelter operations. We've
expanded the number of s ers and expanded the number of county
staff that are receiving ~in1ng this summer.
Yes, ma'a
COMM R TAYLOR: If I may go back to your
fuel. You talk about new retail outlets. As I
trac was one of the last service stations countywide
SUMMERS: In terms of acquisitions, I'm only noting the
t we've had new stations come on board. We have not
addressed generator issues. They are required to have the transfer
switch, but the statute does not require them to have a generator nor
deploy. And I think as we get back into that legislative discussion, I
think --I've been told that the state EM director's going to bring a
Page 39
May 28, 2019
new legislative package this fall to revisit some of those retail fuel
opportunities on evacuation routes.
COMMISSIONER TAYLOR: So we can't preempt the state;
this is in state control?
MR. SUMMERS: That was what was in the legislative pac
was to prohibit local government from preemption, and we h
conversation, if you remember, last year, with DSAC as w t-"'l"'FII~ .....
again, yes, ma'am, I think that might be something for fi
discussion in the legislation as to whether or not we
preemption.
COMMISSIONER TAYLOR: And giv~ r --make it one
of our legislative agendas. },-:
MR. SUMMERS: Yes, ma'am. I ou have a full slate,
but that's certainly something to co ~i I hope to be bringing
you new information when the sta ..... -.,.,111,i-=' irector brings his package.
COMMISSIONER TAYLO · fiankyou.
MR. SUMMERS: Shelt ing very well. Doing a lot of
work at Palmetto Ridge t-~~~~~ve the medically frail shelter there as
well and rolling out in the w hurricane evacuation rezone map so
that we can do a little ~re targeting in our evacuation notices. Irma
certainly got the ention of everyone, but we think with the --if you
will pardon, t e ve ge garden variety hurricane, we can really nail
down thos that need to be evacuated and recommend to many
that the ... ...,..._ ... ..,_ , shelter in place.
~--~ay, our shelters are strictly a refuge. They are not the
y're not the Hilton. But we'll do our very best with the
es we have available to us.
In Lauren's area the nursing homes and emergency power
program that the governor put in emergency orders for is going very
well. We have all of our local facilities meeting the requirements
with either brand-new stationary equipment or on-site rental
Page 40
May 28, 2019
equipment throughout the season.
Now, we do have some local legislation or local ordinance. We
did preempt that. That was not challenged this year in the legislature
where we require third-party attestation of that generator, and we'll
have visibility on their fuel bum rates. So I think we're in mucl~
much better shape with our nursing homes and rest homes. T , s
been a challenge for them not only from the expense, but ju.-.-.l'Y'lerely
getting the equipment. 0
Also, if you remember, we gave them a little bit ·ggle room
in the Land Development Code that made it easier -"'~ose
generators to be installed without an SDP mo · c · n.
CHAIRMAN McDANIEL: Those are th1 we did on a local
level.
lose that preemption; that's my ho
CHAIRMAN McDANIEL:
actually going out after the fa testing and making sure that
these are functioning pro
MR. SUMMERS: hird-party attestation is the test. So we
do require a letter rom th1rd party such as a maintenance contractor
to go out there a validate. We also have --we're setting up a
conference c et rk with those facilities to check in on them so
that we ha e v · ility on their conditions throughout the event.
Waste r, potable water, and --a lot's being done there with
addi · · rastructure, particularly with standby emergency
. As you see pre-Irma, there was roughly 100 pieces of
po e equipment; 127 in the wastewater fleet at this time; 159
units --this is a running total here; and then we've got a large grant
application in to FEMA. Hopefully we'll get award on that within the
next 90 days, and then we'll have procurement time to use the
mitigation grant money for additional not only standby, but --I'm
Page 41
May 28, 2019
sorry, fixed generators as well as portable. So a lot of work being
done there to make that as cost effective as possible for the lift
stations.
Wastewater strategies include making modifications to our
waste --water/sewer district's utility manual, particularly those
private pump stations as well, and a really good job --a new ...... ~:;:~=m
with Florida W am, which is the utilities --pardon me, the u · · es
mutual aid engagement. We deployed --Dr. Yilmaz se ~fup to
Tallahassee. Other utilities have partnered with diffe -~ .... r.iisasters,
and that's going extremely well.
Landline communications. Several of u...,Tllllll~r--
Hurricane Michael, and we saw pictures just li e is with tower
failures. We saw no tower failures, struc 1 failures in Collier
County and, for the most part, our ~ir viders did a pretty
good job; however, they rely on ink, and they had a
switch-system failure and a struc a ailure as those calls go from
the tower through the central · ing office and off into other
locations. ,...0 ~
We've met with Ven~. We've talked with them about some
additional strategies. T ey've been the best carrier to come to the
table and talk w· us. So we're very plugged in with them, and we
hope to even a ea erizon representative in our EOC should we
have a ma· t.
Survi ,~---covery. You know, the most important part here is
'llk}II ... JJ' ... s massive and lengthy transition to where government
and our human services and non-profit agencies start
g with those for long-term recovery.
And we --thanks to your help, having the voluntary and unmet
needs coordinator --that was a very difficult solicitation to find
someone for that position, and we do have that position filled, and
we're making really good strides in networking with these agencies,
Page 42
May 28, 2019
building team support, and really getting focus together not only to be
ready for the next event, but helping those clients right now
community wide that have some long-term recovery issues.
Alert and warning. Our Alert Collier is going extremely well
but, as you know, we have a lot of mechanisms for communicat1 .
Our Alert Collier, Collier 311 is in place. We've got several
outreaches scheduled. We've got opportunities --we're spe~...., .... =.,._
the Naples Daily News community room for a number
presentations. We'll be doing some pieces on Facebo
and our website, social media opportunities, and W .ai..\X,'1.1
encourage folks to mark CollierCountyFL.go
favorites, because we'll be putting a lot of info
page, particularly if we have an event.
Individual and self-preparedne ~s, M ....,,.. ............... :11 reparedness, business
preparedness. We can't speak eno _ ........ ._.. ut that. Hopefully folks
don't for get but, again, making s r t t we have not only the disaster
kit but the financial resources e finding so many families being
challenged during these · events. And while we work on a
rainy-day fund, every fam needs a rainy-day fund as well. And
public shelters, ag in, ¥ a last resort.
I can't do t · without the cooperation of our partners, and this is
just a partial · t of ose folks, and we certainly need to thank them
for assisti """"""""~ 've got a very generous community that's put a lot of
time and eT.-arr,wr:i nd resources. All of our nonprofits, our Salvation
~ ... ·.,,....g the way on long-term recovery for many of these
nd again, every --I hate to call one out, but we've got one
ag c right across the street here who's managing a phenomenal
casework environment, and we're monitoring that and assisting that
effort wherever we can.
CHAIRMAN McDANIEL: Thank you, Dan.
MR. SUMMERS: So let me take a deep breath here and see if
Page 43
May 28, 2019
you have any questions.
CHAIRMAN McDANIEL: Commissioner Fiala does.
MR. SUMMERS: Yes, ma'am.
COMMISSIONER FIALA: I hope this is just a quick question.
MR. SUMMERS: Yes, ma'am. ~
COMMISSIONER FIALA: When faith-based organizat·
come in after the storm to rebuild, and they bring their own sand
everything, there was a problem with where to house th,._. .... ~re while
they slept overnight. Some would stay a week or 10 ,_,,,--just to
work. Where --have we solved that problem, or c solve it?
MR. SUMMERS: We've got some reall d as.
Unfortunately, it does take some resources to t at. But we're
having some active discussions with a nu er of agencies right now
about the concept that Monroe Cou~ty ether, which was
Voluntary Village. And whether t military type tent base
camp operation might be one wa ok at it. Maybe even rent a
big box and let folks dormito in a big box or find other
opportunity. So we're h · t discussion with a lot of the
agencies right now. I don ve any concrete plans, but we're very
much aware of that co ~m.
CHAIRM cDANIEL: Anything else?
(No res
CHA
MR.
Thank you very much.
ERS: Thank you all for the support. Thank you.
AN McDANIEL: Appreciate your help.
OCHS: Thank you, Dan.
r. Chairman, would you like to take an early court reporter
brea before you move into your time-certain hearing, or do you want
to just break it up?
CHAIRMAN McDANIEL: It depends on how focused Terri is.
Let's take a break. We'll be back at 10:25 for the 10 o'clock
Page 44
May 28, 2019
time-certain.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN McDANIEL: Good morning, everybody. We're
back for our time-certain. ~
Item#llB 4'?>
0
OFFER FROM METRO COMMERCIAL DEVELO __,..__ __ T
GROUP LLC IN THE AMOUNT OF $3,500,000 HE
COUNTY-OWNED PARCEL LOCATED B ---..__
IMMOKALEE ROAD AND 4TH STREET N
(RANDALL CURVE PARCEL) AND A H RIZE THE
COUNTY MANAGER TO NEGO l I EVELOPER
CONTRIBUTION AGREEMEN ,_.,.,,_ IMMOKALEE ROAD
RURAL VILLAGE FOR THE D OPMENT OF A JOINT
COUNTY AND SCHOOL D T PROJECT -MOTION
SETTING THE DATE E OF JUNE 14, 2019 AT 2PM TO
ACCEPT BEST AND FI SEALED OFFERS FOR THE
PARCEL AT WH CH Y) T STAFF WILL REVIEW AND RANK
THE OFFERS BRING THE ITEM BACK AT THE JUNE 25,
2019 BCC -APPROVED
: Commissioners, this is Item 1 lB on this morning's
recommendation to accept the off er from Metro
n.f"'l"l"'Nllll.e ·al Development Group in the amount of $3,500,000 for the
co t -owned parcel located between Immokalee Road and Fourth
Street Northeast, commonly referred to as the Randall Curve parcel,
and authorize the County Manager to negotiate a Developer
Contribution Agreement with the Immokalee Road Rural Village for
development of a joint county and school district project.
Page 45
May 28, 2019
Ms. Toni Mott, your real estate services manager, will bring you
up to speed.
MR. MILLER: And, Mr. Chairman, we've 21 registered public
speakers for this item .
MS. MOTT: Good morning , Commissioners. For the reco
Toni Mott, Real Property Management. '(>
At your April 23rd board meeting, the Board directed
continue the item to May 28th to allow Commissioner niel to
hold his town hall and to ask the offerers to make a P.~V,:l,
today's meeting.
CHAIRMAN McDANIEL:
word, by the way, offerers, yes. Sue wasn't all
Now, before we go into this present n, ounty Manager, let's
have a little discussion. If I'm not lllis ~~~~n,.. ... ough we gave
direction to the offerers that we w ~~ ing to accept adjustments,
we did at a later agenda item, on t acres down off of Bayshore
Drive, suggest that any and al "---_,.,~r .... -r,...,-... s should come on all government
properties whenever we · l y can.
And if I'm not mista there have been adjustments made to
those offers. /
MR. OCH W es, sir. Just this morning we received two
revisions to t 1 o~ritten offers. So two of the four proposers have
made revi ·ons their original offers. Ms. Mott is, you know,
prepared to ... ...,i.i"'" to you about those.
~~~ re right, sir, this has begun to be a little bit of a moving
it might be a good idea to, you know, set a final date
w e get best and final offers from any and all proposers for this
parcel, have those sealed and sent by a date certain to Ms. Mott
where we could then evaluate those and bring those back to the Board
for final consideration so you have all the latest information on some
of these revisions, or we could, you know, do it on the fly today, if
Page 46
May 28, 2019
the Board --
CHAIRMAN McDANIEL: We don't like doing things on the
fly.
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: I don't think it would be pruderr
It's not --I don't --I prefer to not do things on the fly, althoug\1 '1(>
oftentimes do, but not here. ~
I would think it would be prudent for us, because o
adjustments that, in fact, came in after the fact --staf us a
recommendation based upon the best available in£~~~~on as of last
Wednesday that we accept the Metro offer, b .._..._ia n w been
adjusted, as so has the Shy Wolf and the Crow o fer.
So my inclination is to set a time-ce~---or a time-certain
date, June 14th, I think, is a Friday -.-"'1, ~
MR. OCHS: It's a Friday, y ~~ ~,,
CHAIRMAN McDANIEL: ... ~ clock. Everybody --anybody
who is interested in buying th· · e of property submit their best
and final offer in a seale · ff opens it in a public format, at
which time we'll have a c le of weeks to review those offers, and
then they can make the· recommendations, and we can decide on our
second meeting ·
I see yo pi your desk down there, County Attorney. How
you f eelin ab that?
MR. ZKOW: I think it's an excellent idea. Do you want
~~flline for all submittals?
_.,,.,~~
IRMAN McDANIEL: June 14th. I mean, we'll actually
at in the form of a motion.
And I want to say, there are a lot of people that came here to
speak today on this item. We're only 30 minutes behind on a
time-certain at 10, and we will hear the public comment, because
folks take off work to come here and speak. But it would be my
Page 47
May 28, 2019
inclination that that's the path that we travel.
So if you want me to make that in the form of a motion, I will do
so.
COMMISSIONER SOLIS: I'm number three, but I just want to
comment on that.
CHAIRMAN McDANIEL: Okay. Commissioner Tayl
COMMISSIONER TAYLOR: Am I going --am I --._....._-..,
calling upon me? Okay. 0
So what I'd like to understand is so these folks --·---have until
the 14th.
CHAIRMAN McDANIEL: Correct. D ~ an me to make
a motion --are we going to talk about semant~~ OT
1
--
CO MMIS SI ONER TAYLOR: No , . st need one point of
clarification. After the 14th we are po ~.L .1.\1!'!1,I' re not going to come
here on the 25th and say, oh, you at, I know I wrote that on
the 14th, but I'm going to change t a
CHAIRMAN McDANI~ at's correct. That's going to be a
portion of my motion. U
COMMISSIONER LOR: It's a final offer.
CHAIRMAN Mc ~ IEL: Final offer. Sealed bids in by
June 14th at 2 p He's waiting.
COMM R SOLIS: Am I next or --
CO I NER TAYLOR: No, but you were thinking, so
t what --as an attorney.
~~ ......... SSIONER SOLIS: Well, didn't we have a date --I
~ re redoing the process that we did before. Didn't we have a
da~ which all offers had to be in?
CHAIRMAN McDANIEL: We did.
COMMISSIONER SOLIS: And so this will be the "we really
mean it" deadline? And I'm being serious.
CHAIRMAN McDANIEL: Without making a joke. And it's
Page 48
May 28, 2019
something --we have a process that would eliminate this, but it's an
enormously arduous time-consuming process and that's physically go
through an RFP process where we put out an RFP, we accept bids,
they're sealed bids, and as we go through that, but it takes --we can
do that, necessarily, here ourselves with direction, ifl'm not ~
mistaken, County Attorney. '(>
MR. KLATZKOW: I'm just trying to think of dates, ~ai se I
wanted to get it back to the Board, but that's all I'm tryi~hink
sitting here. But I'm listening to the conversations. ~ -
MR. OCHS: Yeah. Staff is comfortable wit ... .,..-..,.lill~ ne 14th
deadline for best and final sealed proposals.
following Wednesday to prepare that for your
What we would propose on the 25th · to 1:Sring you back a rank
list of final and best offers with a re ~o e tion, and then you'll
decide what you want to do as ab o the 25th. Hopefully pick
one and send us back to, you kno gotiate a purchase and sale
agreement. ~
COMMISSIONER J)R.: But what if --and I'm just --I
mean, I'm doing a "what 1
MR. OCHS: Yes,. a'am.
COMMISS ER TAYLOR: Okay. So what ifwe have
someone wh e p who's written this offer, and said, you know
what, I for ot 3/0U know what, I meant to add this or, you know
what, what ens then?
~...,"--'HS: We would point that out in the --
IRMAN McDANIEL: We have the discretion of saying
MR. OCHS: --executive summary and say that, you know,
these are the best and finals, and if someone after that time makes a
change, I would think that that would probably disqualify that
proposal.
Page 49
May 28, 2019
MR. KLATZKOW: It depends on three votes. I mean, this is
like --getting back to Commissioner Solis' point, I mean, as long as
at least a majority of you agree that this is best and final, we're not
going to hear any more changes, that's the end of it. But if you hear
something during the presentation that really catches your intere .
CHAIRMAN McDANIEL: And here's my thoughts for -'(>
reason that I'm proposing this is I don't want to go through m~~ntire
RFP process, number one; number two, the original of£ r cess was
an open, public format. Everybody knew what every_ .. ...,,, else was
bidding. And so there was --it really wasn't a hi.__......_.. d best sealed
bid with privacy of process. There was that t
the offerers.
So this way here we have the capaci
by June 14th, 2 p.m., and if someon, c
with a vote of three, we can make
"thank you, but no ."
f saying highest and best
o, they can ask, and
ents, but we also can say
COMMISSIONER TAY . Yeah. And I think we need to
send a pretty clear mess v.., ... ..__. referably what you wrote is what
you're intending and there o changing it --
CHAIRMAN Mc1>\ IEL: Right.
COMMISS ER TAYLOR: --substantially.
CHAI cDANIEL: No.
CO __
1
_. NER SOLIS: Now, is there any legal issue with
est and final offers by the 14th need to be sealed?
~__..,vquire some RFP process, will it?
KLATZKOW: Well, I'm not sure what sealed means. I
ou're going to get three proposals either mailed or given to
ounty Manager, and he'll review them and prepare an executive
summary and bring it back to you.
CHAIRMAN McDANIEL: Well, sealed is sealed. To me, it's
an envelope that's sealed that's opened at 2 o'clock, and nobody
Page 50
May 28, 2019
knows what nobody (sic) else is offering until the 2 o'clock public
opening at which point, boom, there they are, and then staff can go
through that recommendation process.
Yes?
MR. KLATZKOW: Yes.
COMMISSIONER SOLIS: What would make this com~•
end? ~
MR. KLATZKOW: Three votes. ~o
MR. OCHS: Yeah, I think this would --~ ~
COMMISSIONER SOLIS: Logistically. ~ ~
MR. OCHS: --hopefully get us to the e---....__~~
CHAIRMAN McDANIEL: We have a p c ss called an RFP
process that staff does but, then again, thr votes can change that.
We regularly vote on those things i o nt agenda and can
change those. The County Attom"-..~ olutely correct, this could
go on for quite some time, but --~'v'
MR. KLATZKOW: Yo ' t the right to reject all bids.
CHAIRMAN McD .. -DIQIIIP' Sir?
MR. KLATZKOW: u've got the right to reject all bids at the
end of the day. You do 't have to accept any of the bids.
CHAIRM cDANIEL: And/or accept one.
Let's do 1 th : I'm going to make a motion that we allow for
highest an be ids to be received in a sealed format by June 14th at
2 p.m. at w point staff will host a public opening for those who
choo ~aldlY"'end.
----..,---
OCHS: Then the staff with evaluate those proposals and
em back --
CHAIRMAN McDANIEL: Well, of course. Do you want me
to put that in my motion?
MR. OCHS: We'll bring it back on June 25th so that everyone
knows --
Page 51
May 28, 2019
CHAIRMAN McDANIEL: Correct. Staff will review, rank
them, and bring them back to us as you've delineated on the 25th for
us to make a decision on, heads or tails.
COMMISSIONER SAUNDERS: I'll second that.
COMMISSIONER SOLIS: And we really mean it.
CHAIRMAN McDANIEL: And we really mean it.
COMMISSIONER SAUNDERS: I'll second your mo
assume we're going to hear from the public. 0
CHAIRMAN McDANIEL: We are going to he ~~;~·m the
public, but it's --again, there are a lot of folks that came here to
speak today, and I would welcome that publi · B t that --it's
been moved and seconded that we set the high best bids in for
June 14th at 2.
And you want to hold off on v ~ti e hear from the
public? ~
vote ~~i~a~!~~~~R SAm:~ . Yeah, let's hold off on the
CHAIRMAN McD .. -.DllflllllP" Okay. Let's do that. Let's move
into the public --
COMMISSIONE S For clarification, who were the
wo offers that were made this morning --or
amendment t o fer , who did they come from?
MR. C · One came from Metro Commercial Development
om--
"'-"'lllit:.-..11"'-'TT: Crown Management.
OCHS: --Crown Management.
MMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: Just a brief synopsis. Metro added
contingencies to their offer for rezoning. Previously it was cash, 90
days to close, and Metro joined forces with the Shy Wolf folks.
MS. SWIDERSKI: Crown.
Page 52
May 28, 2019
CHAIRMAN McDANIEL: Excuse me. Thank you, Beth.
Crown joined forces with the Shy Wolf folks and raised their
offer of cash in as well in the exchange process as well. So there's a
lot of moving targets out there.
MR. MILLER: All right. Mr. Chairman, as I said, we hav~
registered speakers. I'm going to ask the speakers to use both '(>
podiums. I will call two names. Please be standing by for --"...,. tum.
Our first speaker is --
CHAIRMAN McDANIEL: Hold on. Before w
MR. MILLER: Yes, sir.
CHAIRMAN McDANIEL: --folks that e to speak, you
have heard the motion of the Board that we ar ving down this
process. If you choose to waive and say 're 1n consent with
what's, in fact, going on, we would ~e -""'-,..,,., .. JL .... "' at as well. And if
someone comes to the podium an _..,., ...... .., "d what you have already
heard and agree with, say "I agree 1 that speaker." You'll be
named and registered as a pub · s aker, but you don't have to take
up your three minutes.
MR. MILLER: All r t. Our first speaker is Richard
Yovanovich, and he wi be followed by Deanna Drapper.
CHAIRM cDANIEL: Waive?
MR. YO ICH: Yes.
CHA McDANIEL: How you doing? Did you see how
~....,.~_..i...;LER: Mr. Yovanovich waives. Deanna Drapper. She
....., .. "'"',,...,eded --I'm sorry. She's been ceded additional time from
peakers, for a total of 24 minutes.
CHAIRMAN McDANIEL: Do you want to waive?
MS. DRAPPER: I'm not going to take that amount of time, but I
would like to go on --
CHAIRMAN McDANIEL: Come to the podium if you're going
Page 53
May 28, 2019
to speak, Deanna.
MS. DRAPPER: I did bring a presentation of what Shy Wolf
would propose to do. If the commissioners would like to see it, I
would be willing to do it. But I thank you for giving us the
opportunity to speak and move through this process. I keep hear
"highest and best offer." Things have happened that make ou ~
highest and best offer different and the situation different, a o I
appreciate the process of being able to move that down ·--"" .... .y.<,
modify that and do what's best for the Golden Gate E,,.,,.."vo
community as well as Collier County as a whole.~ ..
Thank you. ~~
CHAIRMAN McDANIEL: Thank you, ea na.
MR. MILLER: All right, then . The l.1¥1 registered speaker is
Beth Swiderski. • "'1, ~
MS. SWIDERSKI: I waive. X,_ ,~,
MR. MILLER: Tim Walle ~\.>'
CHAIRMAN McDANI ow you doing, Tim?
MR. MILLER: wa· . s time, okay. Cindy Mackey.
MS. MACKEY: Ye , 'd like to speak.
MR. MILLE : E ~er podium, ma'am.
MS. MAC .y,.....,..a,.a. : I'm Cindy Mackey. I'm a Golden Gate Estates
resident. I al av ived in --my family has lived in Collier County
since 1971
And g oming to everyone.
~...,.,.ant to thank you for not having the school bus barn and
t ~..,.,. ortation maintenance facility put on the 47 acres. I
ap ----=nn ate that, and I'm sure all of the Golden Gate Estates residents
do a so. And I'm a little nervous.
CHAIRMAN McDANIEL: You're doing a really good job,
Cindy.
MS. MACKEY: Well, thank you.
Page 54
May 28, 2019
However, I am concerned about the funds of the sale from the
4 7 acres that are going to help in the construction on the Immokalee
Road Rural Village.
This is not within the Golden Gate Estates area and is in
violation of the Land Trust Agreement, also both the Collier Cou
schools and Collier County Transportation Department rece~'?)-i
money from federal, state, local entities, and they have fair
distribution from the ad valorem taxes from all citizens. 0
If the money from the sale of the 4 7 acres is use ~·,-____,.uild the
bus barn and the maintenance facility, it would be air,
disproportionate burden on the Golden Gate te es1dents.
Please follow the intent of the original Go .'-'-... ,...... ate Land Trust
Agreement and place the funds of the sal an appropriate account
of the GAC Land Trust account for l h ~.~~.~pt-
1 of the Golden Gate
Estates citizens. X,. ~
Thank you. .\..>
MR. MILLER: Your ne~stered speaker is Donna Saddler.
(Waves hand.) ,-<, ~ r
MR. MILLER: Wai~.
Richard Hof:6 an '?/
MR. HOFF N: Speaking.
MR. MI R: r. Hoffman will be followed by Enrico
Avallone.
MR. MAN: Good morning, Commissioner McDaniel and
~~ ... missioners. My name is Richard Hoffman. I live in
1 akes, which is about a mile from the 4 7 acres, the Randall
hat we're talking about.
With regard to the 47 acres, again, the Randall Curve, the
Golden Gate Land Trust maintains that that piece of property belongs
to the Golden Gate Land Trust and any proceeds from the property
should be going to the Golden Gate Land Trust.
Page 55
May 28, 2019
The county administration believes that the county is entitled to
the proceeds from the sale of this property, and the county wants to
use the money as they see fit. In my opinion, this has created some
uncertainty as to who really owns the property and who should ~t
the proceeds from the property; however, I think there's a simpl ~~
solution. I think the county and the Golden Gate Land Estate .... -u u ~
should get together and decide who to give the funds to and~u 1 to
allocate the funds. 0
Nobody wants to purchase property from the co -r-.·f the policy
exists that the purchaser will not get good --will 1 Jg111~1{l, good title
from the county.
So let's be clear --and I address this com e to the purchasers.
There are potential challenges to the title ~th.is property.
Thank you. • "'1, ~
MR. MILLER: Your next s --~•--~YEnrico Avallone. He will
be followed by Lane Beatty.
MR. AVALLONE: Hel . rico Avallone.
First, everything th ~~~going to say kind of got messed up
with the change of plans. member last time we were here there
was actually a discussi aoout not accepting new offers. I don't
remember exact~hat was said about it, but I thought it was offers
are final, eve t Wn~as final. But you guys can change your mind;
obviously,rlr,,. ....... ~ discussed that. Three votes it's changed.
CHA N McDANIEL: We really mean it this time?
ALLONE: You really mean it? You sure? Because, I
~ could maybe mean it next time, too.
ynyway, basically, I just want --you know, everything I was
going to say is kind of thrown out the window, but make sure that,
you know, you think about what the community needs, what is best
for the community. That's --I mean, I was going to say a whole
bunch of things about the benefits of this and that project, but we will
Page 56
May 28, 2019
hear it next time after an offer.
I was going to talk about Shy Wolf and, you know, some of the
benefits of that, and also the one thing that I want to make sure is
stressed is that there will be community involvement after we make a
decision as to who is purchasing it, whoever gets it. We need to
the people who live in that stone's throw, you know, area be i
in making decisions as to how it's going to be. Whether it's
Wolf, we need to know; you know, we need to be invol . If it's
one of the other companies, we need a voice. So just
that happens. ~ ..
CHAIRMAN McDANIEL: Amen. ~~
MR. AVALLONE: Outside of that, I wil ~e done because I'll
have something to say next time we're he .
CHAIRMAN McDANIEL: 0 ts,.,..., ... .,.k'-... . Thank you.
MR. MILLER: Your next s _, ....... ._. · Lane Beatty.
MR. BEATTY: Waive.
MR. MILLER: He's wa~~ John Pelletier. Mr. Pelletier will
be followed by Jill Rose c1<..J
MR. PELLETIER: d morning. Good morning,
Commissioners. T an!yyou for letting me speak here today again.
My name is Joh elletier, and I live a few hundred feet away from
this property~;_
You ~~hen I first came to speak to you all about the bus
barn, that n<R""lllll">y focus, industrial use. As soon as that meeting
ende ..... ~~lilY"ember, we did do quite a few rallies against this, and
t ... ~""'.., ... ~ ..... ~ for listening. I think that was a good --great, great choice.
ou know, when I first spoke in December I also mentioned
that, you know, to go have some fun for family entertainment, we'd
have to have a two-hour round trip to Blockbuster Video, and the
closest Publix was about an hour round trip.
So taking into account this property is the center hub of our
Page 57
May 28, 2019
community, I still believe that this is the perfect opportunity for
pleasant amenities, and also during our street meeting, that was
exactly what the residents had expressed, amenities.
In addition, Commissioner McDaniel's meeting, town hall
meeting was terrific. You know, 45 percent of the people were 1
favor of amenities, commercial retail and commercial entertai{i~
restaurants being at the top. ~
So thank you for taking comments into considerati0.,.._._,.~re today,
and I would appreciate community involvement mov · rward.
CHAIRMAN McDANIEL: Thank you, Joh
MR. MILLER: Your next speaker is Jill She's
waiving time. Your final speaker is Michael ~ msey. He was
ceded additional time from Linda Wallen ~J-allen, are you here?
(Raises hand.) • ~
MR. MILLER: Michael, do ~~ t your PowerPoint?
MR. RAMSEY: Yeah. ..\Ji
CHAIRMAN McDANI es, please.
MR. RAMSEY: Y ,
CHAIRMAN McD~.-~~-~
MR. RAMSEY: rry.
Good mo _._-ti"_._,.._. My name's Michael Ramsey. I'm the president
of Golden G st s Civic Association.
, 'd like to --we very much like the decision this
·~-nd this to June 14th and then look at some new offers.
<L~)lllllllli~'V tell you that in the conversations we've had in probably
t r weeks in the meetings we've been to, it's been very
in e ing to watch the Estates residents come up to speed on where
the land is and the options available and the somewhat complex
issues that are involved being a part of the GAC Land Trust.
We've had probably three or four months of meetings with our
groups to get people up to speed on this and how it works. One of
Page 58
May 28, 2019
the more interesting aspects about all this stuff is that we have come
to the conclusion that the Estates residents in the last --especially the
last eight meetings are very interested in this issue and very much
want to participate in it, because they see an option to materially
participate in our community and improve --have the option to ~
improve the quality of life in a community in two different lo s.
However, we can only have this option based on our o · · on
that the 2005 BCC agreement, the stipulations have not met and
we, therefore, think that the reverter release and disc I}81i~
based on not meeting that agreement.
So we want to ask the commission to hel h · s pursuit to
help us improve our community because we're o ing at --right
now, based on the proposals that are out t e, at the intersection of
Wilson and Golden Gate Boulevard t n proposal, is offering
to donate 30 acres to the GAC La if we can get your help on
that issue.
On that --if we get this 3 c s for the GAC Land Trust, we
feel like we could really .......... __, with some good community
improvements and some activity with the community. They're
very interested in t is a~a.
We've got ability here to have a passive park, a conservation
ar , a community center, a community building
d. We're looking at trying --one of the things that's
.,, .... ..,, ......... "" is necessary is a senior center and some areas for
~llilaY e willing to look at some of the other activities we could
after all the conversations and all the meetings, coming up
here and listening to all the items that we have to deal with, the
community believes that the best option so far is a donation of
property to the GAC Land Trust and let us work with our community
issues, and that's what we would like for you-all to help us with and
Page 59
May 28, 2019
consider that when we come back on this issue.
So thank you very much.
CHAIRMAN McDANIEL: Commissioner, did you have a
question for him?
COMMISSIONER TAYLOR: Point of clarification to our~
County Manager and to our County Attorney. Didn't Mr. Ra ~
just make an offer? Because if you did, it needs to come to · n a
sealed envelope, or we're not going to consider it. So t G ight? I
mean, did he just make an off er? Donate the land.
CHAIRMAN McDANIEL: No. He is not --ot one of the
offerers. He's making a suggestion as to wha~ "th one of the
folks who is, in fact, making an offer. , ),-, '
He is the president of the Golden Ga~.1tates Civic
Association. He is not one of the o{f e JO
COMMISSIONER TA YLO , when there's a transfer of
land, that's certainly a substantia .___._,,,,,. .... nt of money. So somehow
this has to be --somehow this oversy over who really owns the
land and who --
MR. KLATZKOW: 11, wait a minute. It's not a controversy.
We own the land. You an do whatever you want with it.
COMMISS ER TAYLOR: Thank you.
CHAI cDANIEL: That's correct. And I'm going to
ularly we get caught in leading information that is
public speaker, and we have to be careful and
~~ ....... at because sometimes, without malice, things are
d that aren't absolutely correct.
e had another public speaker represent that there was issues
with the title. Those are representations of a public speaker. They're
not here --this isn't a quasi-judicial process. This isn't a court of law.
This is --these folks have the right to come up here and tell us the
sky is purple.
Page 60
May 28, 2019
COMMISSIONER TAYLOR: No. I just think it would be very
helpful just to put it on the record, at this point the county does not
agree with the idea that the --that the Golden Gate Land Trust can
participate in any part of this transaction.
MR. RAMSEY: And that's the clarification I'd like to make. t
is our opinion, legally, it does belong to the GAC Land Tru~-'?)--
COMMISSIONER TAYLOR: Right.
MR. RAMSEY: --because of us not meeting the s · u tions in
the agreement.
Secondly, on the other issue brought up, my ~I, ..........
group is that we favor proposals for the land ~<J. ...
exchanges, and the 30 acres is a good proposal
COMMISSIONER TAYLOR: Oka
CHAIRMAN McDANIEL: A p d .__...__ nt of clarification,
Commissioner Taylor, when we, i t ake a decision on what
we're going to do with the disposi.,mLJ ,,_..of this asset, we can also
delineate and staff can make r~~~~!!'!mendations, as they have so far,
as to what to do with the ,.,~r-=-MIM/l"''uu"'S of those funds.
There's certainly a d1 ence of opinion as to where those
proceeds should, i fac go, and we'll move through that process
when we come ~ ............ in June to make the decision on what we're
going to do. ,..C;
Eve ~~lse okay?
(Nor se.)
AN McDANIEL: All right. It's been moved and
e hat we proceed as the prior --you want me to repeat that
·o ? You want me to --
COMMISSIONER TAYLOR: No.
CHAIRMAN McDANIEL: It's been moved and seconded that
we receive the bids by June 14th at 2 o'clock, and we really mean it,
Alex.
Page 61
May 28, 2019
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye. ~
CHAIRMAN McDANIEL: Aye. -v
COMMISSIONER TAYLOR: Aye. 4
COMMISSIONER SAUNDERS: Aye. 0
CHAIRMAN McDANIEL: Opposed same sig_L _._...,,.ILl,-'-1 e sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Thank you all very much.
Item #7 • ~ °<)
PUBLIC COMMENTS ON GEN ~ TOPICS NOT ON THE
CURRENT OR FUTURE A ~A
MR. OCHS: Mr. Cn.......,,~~an, this takes us to Item 7 on your
agenda, public commel}JS on general topics not on the current or
future agenda. A
COMM U:O~R SOLIS: Mr. Chairman, we have three
registered s for this topic. Your first speaker is Garrett
Beyrent a will be followed by Julio Garcia.
AN McDANIEL: What's Garrett got for us today?
' have any prizes. Garrett, you're up first. He's going to the
e does have a prize. I thought we were going to get away
without any gifts.
MR. BEYRENT: No way.
CHAIRMAN McDANIEL: No way. Okay.
MR. BEYRENT: For the record, Garrett F.X. Beyrent, lobbyist,
Page 62
May 28, 2019
and I do not represent the Panera Bread company. I just hang out
there.
Inside this I have an award for a job that I gave to Andy Solis,
okay. It's actually a pickleball, and I replaced the item that was on
top of your trophy because, unfortunately, I have to go to two '
funerals. I lost my nephew and my niece to heroin overdose~'\~ ~'l'e
to go to Livingston Road, New Jersey and bury them. ~
And this actually is going on the top of the trophy erded to
you several months ago, and you know, you and Ibo t friends
today, right? You do.
And this has got a name on the picklebal~ 1t'
self-explanatory, but I'll give it to you. Then I ~ go to catch an
airplane and go to Livingston. C, _
CHAIRMAN McDANIEL: G ~d ~u.
COMMISSIONER SOLIS: ·"'"""""-for your loss.
MR. MILLER: Your next u h speaker under public comment
is Julio Garcia. He will be fo by Joe Popp.
Speak into the micr
MR. GARCIA: Yes, · . The complaint I got over here is
against Code Enf o ce~t. I don't know if you take this under
consideration, b .... .,._ ...... ey've been --I've seen complaints, like 10 of
them, you kn th showed up, with no compliance report, and
they kept tua harassing me, you know, since back in December,
you know.
~..._~.■•.■.t now I have an appearance, you know, on 6/7 next
uknow.
~ciid I don't know who overlooks all this, but I don't have any
other place to go to for --you know, to overlook these issues, you
know. If you have any suggestions, you know.
CHAIRMAN McDANIEL: Where do you live?
MR. GARCIA: East Naples.
Page 63
May 28, 2019
CHAIRMAN McDANIEL: Okay. And what part of East
Naples?
MR. GARCIA: Naples Manor.
CHAIRMAN McDANIEL: Commissioner Fiala is your --is the
commissioner for that area. And I would suggest before you go
your hearing that you reach out to her, her office, and see if y
~chedule an appointment to find out if you can work thro~ ese
issues. U
I mean, there is a process with regard to our Co'-11"--~......, ........... _,forcement,
but you have an opportunity to speak with her and ---·--and see if
you can work through these. ~
MR. GARCIA: Okay. That's what I wanv ~:find out. I wanted
some answers, you know, to who's overlo ing all this, you know.
CHAIRMAN McDANIEL: Ri_g .
COMMISSIONER FIALA:
next door. When you go out this
other doors, and there's a lad~
MR. GARCIA: Ri
ould ask you to go right
o , just tum right, go in those
right there.
COMMISSIONER A: Ask her if you can please speak to
Mike, he is my a~s · sta and he'll take notes and we'll work on it.
I'm not quite sur hat the issue is, but we can handle it.
MR. G IA I have a paper here for all the --
CO I NER FIALA: Okay. And give it to Mike. He'll
ere.
~...,,.L RCIA: Okay.
MISSIONER FIALA: And, Thaddeus, are you here to
?
MR. COHEN: Yes.
MR. OCHS: Mr. Cohen will help this gentleman as well.
CHAIRMAN McDANIEL: Thaddeus, you'll make sure he gets
taken care of?
Page 64
May 28, 2019
MR. COHEN: Yes.
CHAIRMAN McDANIEL: Thank you very much.
MR. GARCIA: Thank you.
CHAIRMAN McDANIEL: Yes, sir.
MR. MILLER: Your final speaker for public comment is
Popp. ~\'(>
MR. POPP: Hello, Joe Popp. ~
I represent a group that owns property on Rivers R l 9 acres
which is contiguous to the Rivers Road Preserve. A · st wanted
to let you folks know that I believe it should be pa~·._. at park, if
possible. I know you don't have a funding cy ,_~·,__ on. But the
property's currently on the market.
I just wanted you to know that I am
preserve, and I think it would be a s a_,.__.,_ ....
and bought it before your next cy
n to making it part of the
ebody came along
I don't know if there's any _.L ~--_.L,..,,'-1-s that could happen, but I just
want to throw it out there tha~~ ood piece and something the
county should look at. ~
CHAIRMAN McD~ L: I believe the county already knows
about it. If I'm not mis ~ken, Toni --Toni Mott sent that piece of
property to the £ s at Shy Wolf as a potential location for them. I
know the co 's a ually aware of the site, so ...
MR. OP · I'm sure they are. I have an application in. There's
group wants to move the property, and I feel it should
~1111111,"-park. So if there's anything I can do to speed it up, I'm
AIRMAN McDANIEL: Okay.
COMMISSIONER FIALA: Where is the property?
CHAIRMAN McDANIEL: Rivers Road.
MR. POPP: It's at the end of the Rivers Road. It's 19.4 acres.
It's contiguous to the preserve that's already there.
Page 65
May 28, 2019
CHAIRMAN McDANIEL: Rivers Road, south of --is a road
that goes --it's a private road.
MR. POPP: It dead ends right into the property.
CHAIRMAN McDANIEL: We say cul-de-sac; dead-end is ...
MR. POPP: Oh, okay. Cul-de-sac. '
CHAIRMAN McDANIEL: It's a private road off of Im~@ ~)"e
Road. It goes south, correct? ~
MR. POPP: Correct. ,to
CHAIRMANMcDANIEL: Yes. ~~
COMMISSIONER TAYLOR: At some poin ~~' if you can
stay with us, we are going to be discussing a s atlon Collier
process.
MR. POPP: Okay.
COMMISSIONER TAYLOR: ........ _._, ay find that
interesting, and you may be able t ~~ t folks, staff people who
will present to that. .. \..>'
MR. POPP: Okay, great ~
CHAIRMAN McD .. -.DllflllllP" I think he already has an
application into Conserva Collier, if I'm not mistaken.
MR. POPP: hat' true.
CHAIRM cDANIEL: That's true.
MR. PO It true. You know, it's just in limbo, I guess.
CHA -c.,· McDANIEL: Right, thank you.
MR. Thank you.
~....,.A. ..... .L.JLER: Mr. Chair, that was your final speaker for public
EXERCISE THE SECOND AND FINAL RENEW AL OPTION OF
THE FRANCHISE AGREEMENTS FOR SOLID WASTE,
Page 66
May 28, 2019
RECYCLABLE MATERIALS, AND YARD TRASH
COLLECTION SERVICES WITH WASTE MANAGEMENT INC.
OF FLORIDA, AND WASTE CONNECTIONS OF FLORIDA,
INC., FOR AN ADDITIONAL TERM OF SEVEN YEARS,
ENDING ON SEPTEMBER 30, 2027 -MOTION TO APPRO
APPROVED 4 (f;;,
MR. OCHS: Commissioners, that moves us on to ____ "_.__._ 1 lA this
morning. This is a recommendation to exercise the s_,_._'DLL
renewal option of the franchise agreements for sol lll"I. a.V\'IWl:r.'\
materials and yard collection services with W e
Incorporated, of Florida, and Waste Connectio s f lorida,
Incorporated, for an additional term of se ~ .17 ears ending on
September 30, 2027. • 0Q
Ms. Kari Hodgson, your Soli ..._.,_.__ azardous Waste
Management division director, wil~~'"""_._~e a brief presentation.
MS. HODGSON: Good.~_._..,..__._ ·ng, Commissioners. My name is
Kari Hodgson. I'm the d . or Solid and Hazardous Waste
Management.
We're here today t as you to exercise the final renewal option
for the current :6 hise agreement as it relates to the curbside
collection for e c g and solid waste for Collier County residents.
We offer t is e cise with no changes or amendments.
_,_.__._,.,,..., benchmarking, and best-value reports have
~...,..,., ...... at the services provided to Collier County residents is
lue. The existing franchise services collect approximately
0 tons annually of solid waste management --I'm sorry --of
soli waste from the residents of Collier County and guarantees the
disposal of the recyclables.
Third-party benchmarking has also determined that these
franchise agreements are the best value for the county compared to
Page 67
May 28, 2019
other jurisdictions in Florida.
The county maintains a solid waste mission to deliver
best-value, high-quality sustainable solid waste management services
that meet our customers' expectations.
With that being said, the Board approved the county's soli~
waste management strategy in 2006 with important guideline ~
including environmental growth and management. The fra · se
agreements that are in place have maintained and uphel e e values
from everything from participating in pilot studies, oT.,_,,.,..,._,,JT best
service, airspace preservation, operational excelle
service. ~
This contract over its term is approximate 1 0 million;
however, this contract also has in place ...... __ ... ,.!)'_ s 1pulations that save
the county residents money, includi g tljustment that saves
about $3 million over the term of ...,.,--,-,.., ract.
So with that being said, we r ommend that this franchise
agreement be renewed for its ...... -----~ ewal option for seven years.
CHAIRMAN McD .,-DIIIIIIIIP" Thank you.
Commissioner Fiala.
COMMISSIONE FI LA: Yes. Well, I'm going to just step
right in and say have about the best service anybody could ever
e ta of Florida. And I can't even see of any
improvem nts t can be made. Although, if I did, I would present
it, and they d probably try and see if they could make it happen.
ave great service. And when I talk with other people,
round the state of Florida but in other states, man, we beat
ands down, so why mess with something that's already
perfect? I make a motion to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded.
Is there any other discussion?
Page 68
May 28, 2019
And approximately how many collections do we do a day?
MS. HODGSON: On a day --it's about --it's over 13,000 --
613,000 collections a week; about 204 million a month. That's
commercial and residential.
CHAIRMAN McDANIEL: I'd just like to add a little num .
Do you have enough zeros on your calculator to do that? ,, '\ '(>
COMMISSIONER SOLIS: No. ~
MS. HODGSON: It's a lot. Twice-a-week collect.if~ i a lot.
It's great. ~ ~
CHAIRMAN McDANIEL: It's been moved conded that
we accept the recommendation. Any other di
(No response.)
CHAIRMAN McDANIEL: All in f~r
COMMISSIONER SOLIS: A Y,e."'1, ~
COMMISSIONER FIALA: ~ ~,,
CHAIRMAN McDANIEL:
COMMISSIONER TAY
COMMISSIONER
CHAIRMAN McD~
✓
. Aye.
RS: Aye.
Opposed same sign, same sound.
cDANIEL: So moved.
: Thank you. Thank you for your time.
NER FIALA: Thanks for the great service.
N McDANIEL: Thank you, Kari and Dan.
""-:~""iiSSIONER TAYLOR: And Waste Management.
IRMAN McDANIEL: And Waste Management and all
Item #1 lC
PROVIDE STAFF DIRECTION ON THE CONSERVATION
Page 69
May 28, 2019
COLLIER PROPERTY ACQUISITION STRATEGY FOR
FUTURE CYCLES -MOTION TO ADOPT STAFF'S
RECOMMENDATION WITH DEVELOPING A STRATEGIC
ACQUISITION PLAN INCORPORATING BCC DIRECTION -
APPROVED ' ~ MR. OCHS: Mr. Chairman, that moves us to Item 11 s
morning. It's a recommendation to provide staff directi ~--.~ the
Conservation Collier Property Acquisition Strategy £ re cycles.
Summer Araque, your principal environment--,...--· cialist with
the Conservation Collier Program, will prese~------
MR. MILLER: And, Mr. Chairman, I ha
speakers for this item . C, _
CHAIRMAN McDANIEL: T a ~ir.
MS. ARAQUE: Good mom ·
Good morning. Hello. Su
coordinator.
just wait a minute.
raque, Conservation Collier
During the January -~-'--'C meeting, the Board requested that
if staff has a plan for acqu · ion, that we distribute it to the Board. In
February we comp ·1ed ~e onservation Collier History of Property
Acquisitions Str y Document and were requested in March to
schedule tor b k to you in May, so we are here today.
Som oft uestions that you had in the January meeting were,
and comm Do we have a plan? We'd like to have a strategic
plan. ~....,.~o have a plan, please distribute it to the BCC. And also
t ~ .... u ould like us to be actively identifying where we want to
. .___._,"""' property.
So I'm here today to answer your questions and continue
discussion --the discussion and obtain further direction from you.
So with that, we'll get started. So an overview. Today I will
provide you a brief presentation addressing the history of
Page 70
May 28, 2019
Conservation Collier Acquisition Planning, an update on the
Referendum Ballot Language Task Force, and acquisition strategy
that would only be necessitated if additional funding is provided, and
staff is seeking direction on a proposed acquisition strategy if you
choose for us to do one. ~
The document you were provided titled the "History of '(>
Conservation Collier Strategy for Property Acquisition" pr · es a
history of the Conservation Collier program, property a i · tion
strategy since program inception.
In the past, acquisition planning has been do
cycle-by-cycle basis, starting with Cycle 1 in O f1 er Cycle 8
was completed in 2010, no further cycles were o temp lated as land
acquisition funds were limited.
In Fiscal Year 2013, Conserva1j o acquisition operations
were formally phased out, and acf"'11""'11 .. , ..... ,,,_ .... _.....,..,_d reserves were moved to
Conserva~ion Collier Managem~ st Fund to manage our
preservation. ~~
On February 14th, Board directed staff to restart the
Conservation Collier Ian uisition phase and authorize up to $17
million from the ana~ment Trust Fund.
In regards e process for identifying properties for
acquisitions i c 1 through 8, the acquisition plan for each cycle
was used t d with the criteria for evaluating lands for
acquisition management from the Conservation Collier
or di ... -"'~bl)IIIIIIIIIW"
sed the target protection areas, which are larger areas of
en mentally sensitive land. These TP As are generally broad
areas within Collier County, and next I will show you the map.
This is our target protection area map that has existed for many
years, and this shows the target protection areas, including the urban
area in the yellow, North Golden Gate Estates in that peach color,
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May 28, 2019
rural fringe sending lands in the light green, and then your rural lands
habitat stewardship areas and the rural lands flowway stewardship
areas.
The process for identifying properties for these acquisition
cycles went through the Land Acquisition Advisory Committee ~
which determined properties to target for acquisition. After t~ci e
CCLAC considered the target protection areas, and letters ~ sent
to these property owners to determine if they were willi ~llers. It
is important to note that this has always been a willin-.'-'IFl_er
program. ~~
In summary, staff has operated from the ~V, als and
objectives of the Conservation Collier ordinan onsistent with the
target protection areas. We have solicite · terested voluntary and
willing sellers through direct mail c ~n in Cycle 9 we focused
on the remaining properties relate le 8 per Board direction.
With that, there are at least $6 ~o worth of property remaining
on the A list from Cycle 9. ~!
And I would also li ·----~ .. •.-..vide you an update on the
Referendum Language Ta orce. This is part of the reason why we
would do an acqui itio trategy document is if we receive further
funding. We do t need an acquisition document if we're not further
funded. ~;
So m v ~~rward --the task force is moving forward under the
following ~ ptions that we would take the referendum language
to th ~..,... ber 2020 election and, two, that the funding source
B ad valorem as done previously.
1d you have a question or a comment?
CHAIRMAN McDANIEL: No, ma'am.
MS. ARAQUE: So they are on target to bring the language to
you in December 2019. And if, again, if you choose for staff to do a
property acquisition strategy in advance of the referendum, we would
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May 28, 2019
propose to bring the acquisition strategy document back to you in
advance of the ballot language, and the strategy would assist you in
informing on the funds that would be needed and the resultant
millage rate and the term.
So the way that staff is envisioning this is that you would lia:
the strategy document if you choose for us to do one, and the
we provide to you in that strategy document would show y
overview of the lands that are remaining within Collier ~-ty for
development. ~
We would not be providing information such at the cost is,
the appraisals, or if they're willing sellers. Th w a all be done
with a cycle. But it simply would be an overv1 w o
undeveloped lands remaining in Collier nty so that you are aware
of what we have left going into the i P --"'-~ the referendum
language. X,_ ~
Do we have any questions? .\..>
CHAIRMAN McDANI~ ere are several lights up here.
Are you done yet? U
MR. OCHS: Keep g g.
MS. ARAQU : I elieve I have one or two more slides.
Moving fo d, staff is seeking direction from the Board as to,
one, do you ~ st to continue with the same strategy of doing
cycle-by-c c~",aluation, or do you want staff to do a more detailed
long-range sis referred to as an acquisition plan to determine
· · developed land in Collier County.
1 that, here is staffs recommendation as provided to you in
cutive summary, and now I'm open for any questions.
CHAIRMAN McDANIEL: Very good. Thank you.
Commissioner Fiala.
COMMISSIONER FIALA: I would love to hear the speakers
first. I do have some questions, but I'd love to hear the speakers first.
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May 28, 2019
CHAIRMAN McDANIEL: You want to hear the speakers first?
COMMISSIONER FIALA: Yes, please.
CHAIRMAN McDANIEL: How about you, Commissioner
Taylor?
COMMISSIONER TAYLOR: I just have a point of ~
clarification, if you would. This history was remarkable --,, '\ '(>
MS. ARAQUE: Thank you. ~
COMMISSIONER TAYLOR: --because it really a led the
thought process , I thought. And what I saw from the -..,~
back into two thousand and --well, I guess it was ~i'./.._, 1, and then
you --Cycle 1 was targeting certain areas in t co ty and certain
sizes. Then you moved to Cycle 2 --and help e with this --again,
areas but certain coverage of the property
I mean, you had a f oundationa i ... ~..::-.~~hn that you base this
on, but those cycles, those early c ~~ lly looked around the
county for different areas. ~\.}'
And we've heard comme ...... .,.,.. ... .L ..,'"'m Audubon . Brad, who has said,
you know, why aren't we g on what we have? And I find
this --it's sticking in my ............ ,.,~ as I review this, because we are now
maturing. If thi ~sogr~ goes forward, we've got a substantial
amount of land.
So what lik o see, if there is a strategy developed, is to see
where we wn ds and the potential for acquisition around those
lands. We testimony today about a preserve and there's
19 a ~.,..,.... wouldn't it be great to --that kind of thing, flowways,
t .... ..,.1
~-.... ;.,_,..,. -...,.., .... j.,,., make a lot of sense for our environmental health of this
co t . So that's all I have to say at this point.
MS. ARAQUE: Okay. So that would fall under Staff
Recommendation No . 1 at the very end after the semicolon "and any
areas surrounding existing Conservation Collier's preserve." So, yes,
we do agree with you on that.
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May 28, 2019
COMMISSIONER TAYLOR: Okay. Good. Thank you.
CHAIRMAN McDANIEL: Commissioner Fiala, do you want
to speak now?
COMMISSIONER FIALA: No, I really want to hear the
speakers. ~
CHAIRMAN McDANIEL: Okay. '7\J
COMMISSIONER FIALA: I have some comments, b nr
wait. ,lo
CHAIRMAN McDANIEL: Okie-doke. ~~
MR. MILLER: Your first speaker is Gladys dillo. She'll
be followed by William Poteet. ~
MS. DelGADILLO: I'll waive speaking.
MR. MILLER: All right. Mr. Potee tyQl e followed by
Alexandra Sulecki. • JO
MR. POTEET: Good momi o missioners. I'm here just
basically to answer any question may have of the Conservation
Collier Land Acquisition Co t e that I have the pleasure of
chairing.
I will answer Comm1 · ner Taylor's question. On every
strategy, we've go e o there and we've put certain
recommendatio at we were looking for in each strategy, and at
the annual re w ave the Commission each year that was
outlined i the ual report of what we've been doing.
We di at properties that were adjacent to existing
isn't it?
r the last four or five different acquisition cycles as a
r us to do that.
AIRMAN McDANIEL: That's already part of the ordinance,
MR. POTEET: Well, it's --you know, we set the strategy, and
that's one of the things we try to do.
CHAIRMAN McDANIEL: It's part of the target.
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May 28, 2019
MR. POTEET: I can't tell you verbatim what's exactly in the
ordinance, but I can tell you that is what we've been doing over the
last few years, trying to do.
The last cycle, there was a lot of examples of properties that
were recommended to us that we sent back to you as eight prope · es
that were adjacent to existing properties. We had the propert·
the Immokalee area that were adjacent to Pepper Ranch wh ..... · __ ,.,.
beautiful properties. 0
And there's no lack of individuals submitting pr~•"lllllll:· es for
purchase at this time. And we had $1 7 million wo urchases,
and that would have wiped out a normal year ---~-._,,___,..-, e of funding
that we would have.
CHAIRMAN McDANIEL: Commi
COMMISSIONER SAUNDE S:
ner Saunders.
s quick question for
uthorized the acquisition of
RS: And we were utilizing a
portion of that $1 7 millio t was set aside. What is the status of
going forward wit co ~nu1ng acquisitions utilizing that fund?
MR. POT : Well, the Commission put us on hold. They
specifically s · o ore acquisitions until we go to the referendum.
So we're d ad he water when it comes to that.
MR. v---i....•.&....JIAMS: You did authorize four properties.
~--~TEET: We were authorized to purchase four properties
think we're working on three out of the four.
MMISSIONER SAUNDERS: Well, my recollection may be
incorrect, but my recollection is that we authorized those purchases
but we didn't say, after we acquire those purchases, there are not
going to be any further purchases. I don't believe that was the --
MR. POTEET: That was the direction that we took from your
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May 28, 2019
meeting. So whether it's correct or incorrect, that is exactly what
we've been doing. We're working on, right now, the referendum
language trying to bring it back so we can go into a full acquisition
cycle.
MR. OCHS: That is correct, sir. We brought you the full 1 of
recommendations, and then the Board --'(>
COMMISSIONER SAUNDERS: If we take a look at
record, the reason --as I remember, I believe I made the~--=~
may be incorrect on that.
The thought was that you couldn't acquire m
four at one time because of the appraisal proc
had to go through.
MR. OCHS: I'll check the record, b
COMMISSIONER SAUNDE S: n't matter. If the will
of the Board is that there be no fu N uisitions, it doesn't matter.
MR. POTEET: I can tell youWIL.../_...._.Lay Erbil (phonetic) of the real
estate department is extremel · ent. You tell her to go buy
properties, she will do th after the other consistently.
COMMISSIONER DERS: Let me ask the Board then
whether or not there's a y willingness to continue with the
acquisition proc Remember, we set aside the 17 million for the
purpose of co 1 ui to acquire properties during the time period
prior to th T£J/IJK L-"r'ldum.
M u ~-----anding is we acquired --directed staff to acquire a
t parcels, but I didn't understand that that was going to be
the program till the referendum.
e question I would pose is, is there a majority of the Board
that would like to continue to acquire some of these highly ranked
parcels? And if not, that's fine, but my understanding is we would
continue with that.
CHAIRMAN McDANIEL: My recollection of that meeting was
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May 28, 2019
that we do make --we made the offer to buy those four, I think, and
three approved or something along those lines, but there was
hesitation on the Board to continue on with the acquisitions until an
alternative or another funding source was found.
We had set aside that 1 7 million as a compromise, if you w1
several years ago to a referenda to add to the ad valorem and
allow for acquisitions to come, but there's resistance with t
to continue on with acquisitions until an additional fund r-·-~
was found.
COMMISSIONER SAUNDERS: Just one o __,...,...,_..,
then. Of the 1 7 million, how much has been .... ,._ho!ci
CHAIRMAN McDANIEL: None.
MR. POTEET: There's been some.
four properties.
CHAIRMAN McDANIEL:
think we bought any yet.
COMMISSIONER SA -~------=--S: How much is under contract?
How much is --
CHAIRMAN McD~ 1.5, 1.6.
COMMISSIONE SAUNDERS: How much is obligated?
CHAIRM cDANIEL: That was one of our earlier slides.
MS. A It was in one of them, and I have this as well if
you want rlr,,. ....... ~ t Cycle 9. There. It's 1.5.
CHA N McDANIEL: 1.6.
""-:~""iiSSIONER SAUNDERS: That's how much has been
s
S. ARAQUE: Yeah. Well, that's currently --that's what you
approved, so I can give you a quick status. We've purchased --one
is --actually Gore was purchased.
COMMISSIONER SAUNDERS: Yeah, I just wanted to know
how much had been --
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May 28, 2019
MS. ARAQUE: Yeah, but that's the total. And then one is
under contract you've reviewed, and then we have another contract
coming to you in June. But this will be the total will be the 1.5.
COMMISSIONER SAUNDERS: 1.5 out of the 17. And so the
will of the Board is not to continue --~
CHAIRMAN McDANIEL: Well, we're in the public SJ?~"-'
processes right now. I mean, I think we're going to ultimat~ive
direction. That's why staff is here today to give directio -to go
forward or not.
COMMISSIONER SAUNDERS: As we list~~l,.L.Le rest of the
speakers, I'd like to ask the Board to keep in ii'l"'IIIIII~ £ ct that we do
have funds available. We set those aside for c t u1ng acquisitions.
And there are some parcels that have bee en ified as being very
valuable from an environmental stau d · o we might want to
continue to acquire properties as rough the ballot question.
CHAIRMAN McDANIEL: o it up. Do you want to speak
to him directly, or do you wa st --
COMMISSIONER '-J9-,-Well, I think --I mean, I would just
like to say again that we'r ing the management funds to purchase
property which I t ink ' e said consistently is, in my opinion, a very
bad idea.
We hav re rendum coming up. I don't know what the
inue to use the management funds if it's going to be
next year. There doesn't seem to be any urgency
on --~lllllllill""'.._ds to the properties that are on the active acquisition list
, e use the ones that we bought were the ones that there was a
co e about purchasing. That's why we didn't buy any other
property.
So I understand the concern and the desire to move forward and
purchase more properties, but let's put it on the ballot and see what
everybody thinks.
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May 28, 2019
COMMISSIONER SAUNDERS: That's fine.
CHAIRMAN McDANIEL: Thank you, William.
MR. MILLER: Your next speaker is Alexander Sulecki. She'll
be followed by Meredith Budd.
MS. SULECKI: Good morning, Commissioners. Nice to s
you again. '(>
I'm here today as a citizen from District 4. I've lived i ~~ City
of Naples for 40 years. And I'm also going to draw on G perience
of 25 years working at Collier County and 15 years o~~,.:_~IJU e in the
Conservation Collier program.
So I really want to --I'm here today to s
getting a strategy together. We started in 2003 1 nothing. We had
an ordinance, which I didn't participate in eating so I just worked
what others had developed, and we ~c · e er that time
4,200-plus acres. I think we have operties. We have a great
citizens advisory committee, and ave a great staff.
But I think now is the ti o tep back and evaluate, as
Commissioner Taylor sa· ,,. ... ..,.IIIIIIIIP...,asically was my message, too, that
we can step back and eva e how what we have already can be
made most valuable for onservation through some kind of additional
targeted acquisi · if that's what the citizens of Collier County
decide in 202 .
od planning and a strategy is critically important
now becau , you know, it's expensive to buy, to maintain
cons ~..,.,., ... land and then provide access for it. So we need to, you
the bang --best bang for the buck out of that money.
as a citizen now, I'm here to tell you that my support in 2020
servation Collier would depend on whether you have a plan
and a process to do that very thing.
And that's all I have to say to you today, and I'm happy to
answer any questions.
Page 80
May 28, 2019
CHAIRMAN McDANIEL: Good seeing you, Alex.
MS. SULECKI: Nice to see you.
MR. MILLER: Your final registered speaker for this item is
Meredith Budd.
MS. BUDD: Good morning , Commissioners. Meredith Bu
on behalf of the Florida Wildlife Federation. Thank you, as a
for the opportunity to speak to you and your consistent su
the Conservation Collier program.
I want to commend staff for the hard work that t -,,,-...ave put
into this successful program. The acquisition stra "1111111iil.'1.~ at's been
utilized to date that Summer had articulated i----......_-.cr s ntation, it's
been effective. But as she noted and as Comm· s oner Taylor noted,
there's ways that we can maximize that e£ tlfat we have for the
program and make it even more eff ~ct·
And so I really do support th recommendation to move
forward with an acquisition strat.-.:;,,__,_ nd I just wanted to let you all
know that the federation supR and that we hope that we can act
as a resource to you all, t C, as we move forward to that 2020
referendum.
Thank you so muc .
CHAIRM cDANIEL: All right. Commissioner Fiala.
COMM R FIALA: Yes . First, I've got a few questions.
do we have left in the bank, if you will, for either
.L V-..L.L...,.L. ntenance or whatever?
"'-"'lllit:;,_..,....~ QUE: Well, going on track with what you were doing
,~,..,..,, , if you were going to go back to that authorization of up to
lion, I would say we would have somewhere in the range of
15 to 16 million dollars.
COMMISSIONER FIALA: No. I'm --total.
MR. OCHS: Commissioner, you have about $33 million.
MS. ARAQUE: Total, total.
Page 81
May 28, 2019
COMMISSIONER FIALA: Okay. I want to make sure that we
have --
MS. ARAQUE: Yes.
COMMISSIONER FIALA: --money remaining that we can
always maintain the land, and we're always talking about the 1 7,
you've got to have money in order to maintain all of that stu~
That's my first question.
Second of all, I haven't heard anybody mention --aybe I'm
not hearing it correctly. I felt for ever so long that w ~.:::i11K.l to --land
that is urbanly located --I don't know if that's --utl!CTWM ..... _,
proper comment, but urban land that we can -.. ~~-~o y offers us to
buy this urban land, and we would never get it t erwise. We don't
have much of anything to preserve right in urban, and
everybody's complaining about therf s --.-.. ,,..,. building and
everything going on, and that's, I t · cause they don't have
pockets of green, whether it be P.a 1 e space or whatever. We don't
preserve that. We preserve s t t nobody can ever really see
important things when it ~.~~ ... ~---o the ecology or, you know, to
preserving our future wat urces. You have to have that, and I'm
delighted that we'r do ~ t at, but I think we need pockets of urban
land also to be ~ ented.
And I d re mber if we have any on that list. I remember
· ng about, like, a little island area. People --it was
e City of Naples or right there. That was a good one
~...,,...,nized, and I think we went about buying that, didn't we?
w that there's another one that's over on 951. And, again,
th ' - I don't see anybody trying to buy it because you can't really
use it, but still, I don't think we should spend as much money on
buying things that nobody else would ever want when we could buy
something urban, if that's --if the opportunity presents itself.
But, anyway --but I also feel we should move forward and buy
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May 28, 2019
the properties that we identified the last time we talked, because they
were good properties to put in preservation forever.
This is an important project, and I just hope that when we get it
on the ballot, I hope everybody realizes how important this is to the
future of Collier County, because you never can replace what is d
off and then built on. You know, you can't bring that beau ti '(>
natural feeling back again.
MS. ARAQUE: Okay. So the proposed strategy -... ....... ent
would show you what is remaining in the urban area -.~hat would
be number one, actually, on our recommendation. ~----
breakdown of the existing preserves and how
urban area.
COMMISSIONER FIALA: I'd like ~si e it on a map. That
really doesn't show me. • "'1, ~
MS. ARAQUE: Yeah, we h~~'ltas well. I know this is kind
of hard to read. .... \..>'
So we did have a few ur._~,--serves on the last cycle, and just
for your information that __..., ........ property in the city did reject our
offer.
COMMISSIONE FI They did?
MS. ARA Yes, yeah.
COMM R FIALA: Yeah, see, we didn't even know
that, I don'
MS.
~.._.. . ....,t.
Right. We're always happy to provide you an
MISSIONER FIALA: Thank you.
AIRMAN McDANIEL: Commissioner Taylor, you're still
lit up.
COMMISSIONER TAYLOR: Oh, I am? Okay. So I would
like to see the acquisition strategy worded that in order to enhance --
maybe that's not the correct word, and I'm struggling here because
Page 83
May 28, 2019
I'm wordsmithing kind of on the fly. But in order to enhance the
current acquisitions that we have in Collier County under
Conservation Collier that are evaluated, and then we've got 2A and B,
we are --if you --are you intending to identify these lands? Not so
much, right? ~
MS. ARAQUE: So ifwe go back to the target protecti~~,
map, if you look at that, it's very large, broad-based areas, r ~? The
urban area's pretty much the entire urban area. So we w identify
within the urban area what we find are actually unde d
properties that remain undeveloped. The same thi-rJ"'!II~ ........... he other
areas. ~
COMMISSIONER TAYLOR: But are t11 y contiguous to other
acquisitions of Conservation Collier?
MS. ARAQUE: That is on ou~relif''-"'lll ........ 1.c!.P' ...... dation as well. So we
would look --the recommendatio · es to look at the target
protection areas urban, Golden Ga states, and rural fringe sending
and any existing areas surrou .... ~'"W:J-,,j' onservation Collier properties.
So we would be loo · a 1 our preserves and look to see
what's surrounding. Like, example, the gentleman that's here
today regarding ou Ri rs oad Preserve --
CO MMIS S ER TAYLOR: Right.
MS. A U --there is still land surrounding that, so we
at remains undeveloped.
IONER TAYLOR: And let's just say that --on the
ld be the strategy, and that would be what we present to
e that if you agree to raise your taxes, this is the process
anding that the committee will still rank and evaluate --
MS. ARAQUE: Yes.
COMMISSIONER TAYLOR: --these. So it's --so we are
moving towards, instead of using the basis of, okay, this is what we're
looking for to --these are our lands, these are the area the lands are,
Page 84
May 28, 2019
and we want --if you agree to pass this referenda, if you agree to tax
yourself, we are going to purchase these lands in these areas; is that
correct?
MS. ARAQUE: We would go to willing sellers, but I would
consider this a planning document, essentially. So it would be n
broad as your target protection area map but more specific to lll
the remaining undeveloped lands that you could --~
COMMISSIONER TAYLOR: Contiguous. 0
MS. ARAQUE: --yeah, contiguous would defi · be one of
them that we could focus on when a cycle does oc ,.,,..... ... ·-T at we follow
the criteria that they've done in the many cycl
got a document to go to to say this is what we' 1 entified
previously, and then --nothing is exclude . So if there's something
that's not identified in the plan and -. i e ategy document and
something is nominated or someb ~•1"'lliw'l gs it to our attention, that
would ~lways be under conside~t· n t doesn't exclude any
properties.
COMMISSIONER : But the foundation is this is what
we've got, these are the ar we have it in, what we want to do is
look at acquisition co ~guous to these lands.
CHAIRM cDANIEL: That's a portion of it, yes, ma'am.
MS. A Yes.
CO I NER TAYLOR: That's the strategy.
CHA N McDANIEL: That's a portion of the strategy.
""-:~_,, ........ SSIONER TAYLOR: What else is the strategy?
IRMAN McDANIEL: Oh, there's a whole bunch. We
' even got to hear Commissioner Solis, Commissioner
Saunders, or myself yet so --
CO MMIS SI ONER TAYLOR: No, no. I'm not --this is just --I
just wanted to understand what staff is presenting. I'm not suggesting
that I have three other --two other votes to agree to this. I just know
Page 85
May 28, 2019
we need to have a strategy. I know we do. We have to.
CHAIRMAN McDANIEL: Right.
Commissioner Solis.
COMMISSIONER SOLIS: I agree that we really do need to
have a strategy for how we're purchasing the properties. I think 1
would be the best thing for voters to understand that when the -.r ...........
asked to consider the referendum. And one of the things I
I saw that is in there is --and I think Commissioner TaY -----~~-
brought this up a while back, and I thought it was a
look at maybe even properties that we currently o
COMMISSIONER TAYLOR: Yes. ~
COMMISSIONER SOLIS: --that mayb r n' productive or
usable just because of what's happened ar d em and evaluate
those as well. Is that going to be pait ategy?
MS. ARAQUE: I had not co . that, but I will take your
direction.
COMMISSIONER SOL . ay. And maybe there are none
of those, but I think it's a i oint to consider whether or not, just
over the passage of time a what's developed around one of these
properties, if it's sf ll, £ purposes of conservation, worth
maintaining, or ld that money be better spent somewhere else.
And, yo o , I'm not saying that there are or aren't. I'm just
saying tha tha ight be something that we would want to include in
the strateg
AN McDANIEL: One of the --if I might. Just one of
t ~1111111m u · tes was that there would be public access to the
ation Collier owned properties, and there are several that
don' have access as of yet, if I'm not mistaken, correct?
MS. ARAQUE: Yes, that is correct.
CHAIRMAN McDANIEL: And so I think valuation of those
parcels that are not as cost effective for access for the public and the
Page 86
May 28, 2019
like maybe need to be given consideration. So that, I've got it on my
list of refinements to the process, so ...
Commissioner Saunders.
Are you done, Commissioner Solis?
COMMISSIONER SOLIS: Yes.
COMMISSIONER SAUNDERS: I also agree that we s
have the acquisition strategy document well in advance oft
ref erend~m, because I think people are going to want t~0,hat that
strategy 1s. ~~
In terms of the different elements of that strataa-..,c~ .... have no
issue with there being some emphasis on pro ie a enhance our
current acquisitions, but I certainly do not wan u to tie our hands
and have that as the strategy. We should able to acquire properties
wherever they are, whether they're '}.dj current acquisitions or
not. That's, you know, an issue£ nd for the committee to
bring to us. But I do agree that~ uld have an acquisition
strategy.
COMMISSIONER : That's a huge difference
because --from what you aying from what I'm saying. And I'm
not trying to play devil' advocate at all, but to me there's a
foundation out t e. We've already purchased the lands. The
amount of m .............. .,.... t 's going to maintain these lands is going to be
part of thi · ve, this next tax, and we don't have all the money in
the world .
.u-illflldii" ....... ot saying this is the end of the program, but I am saying
, t uild on what we have instead of going far afield, unless
' something exceptional. Let's have an overriding or
overarching strategy that tells the voters simply. We've got a great
program. We've made some great acquisitions. We want to build on
those acquisitions.
COMMISSIONER SAUNDERS: I had intend --I made the
Page 87
May 28, 2019
statement because I had intended it to be different than what you had
said.
COMMISSIONER TAYLOR: Okay. No, no.
COMMISSIONER SAUNDERS: That was not accidental,
because I wanted to make sure that --that's an issue that we have
decide, but --and I understand the benefits of building on the '(>
acquisitions that we've already accomplished. But this will ......,__.Y,.
large program going forward, and I don't think it's appr ·
to the voters , we're going to --we're going to take ou.1;!..-::...v:',__,K'..
acquisitions, and that's where we're going to focus our attention
and exclude the potential for other areas that ell be
valuable from an environmental standpoint.
So I had intended to make the distin n. I would agree that
that certainly should be part of a stri te t shouldn't be the sole
determination as to whether we a _ ...... ._ piece of property or not.
an it be ranked in the level of COMMISSIONER TAYLO
importance?
COMMISSIONER llll'J'IIII__, RS: As far as I'm concerned, no .
COMMISSIONER LOR: Okay.
COMMISSIONE SAUNDERS: But I'm just one vote.
CHAIRM cDANIEL: All right.
COMM R TAYLOR: Iwoulddisagreewithyou, but
I'm just o
CHArlr,,. ....... ~ N McDANIEL: As am I, just so you two don't feel
like ,..""..._.~ Ranger down there.
issioner Fiala.
MMISSIONER FIALA: Yes. How much did we pay for the
Hae operty? I didn't realize that deal had been completed.
CHAIRMAN McDANIEL: We didn't pay.
COMMISSIONER FIALA: Oh, we didn't?
CHAIRMAN McDANIEL: Yeah. They turned down our offer.
Page 88
May 28, 2019
COMMISSIONER FIALA: I'm sorry. I thought you said they
took the offer.
MS. ARAQUE: They rejected our offer.
COMMISSIONER FIALA: I am so sorry . Thank you.
CHAIRMAN McDANIEL: No, no. They accepted the Go
offer. I think we --did we close on the Gore piece yet? ,, '\ '(>
MS. ARAQUE: Yes, in November. ~
CHAIRMAN McDANIEL: The Gore piece out in s m
Collier County that's very close to all of the multi-pa cation and
the Estates, yes, we did close on it.
MS. ARAQUE: I can send you our curr
County Manager to pass along to you if you'd
COMMISSIONER FIALA: Okay, t ............ , ........ you.
CHAIRMAN McDANIEL: Sc.---...... ...-. ave one point that I'd
like to say and I'd like to see if we LIEL -.i ,=ive some consideration to it
which will --I would like to see · t e me part of our --part of our
thought processes going f orw
I would like to see IE"lli~ll)ving towards an acquisition of
development rights and n e-simple purchases. We've been
burdened extensively i~he fee-simple process with the continuing
ongoing mainte ce that travels along with the ownership to the
tune of a mil · do rs a year, and that's caused a lot of disparity
to perpetual 30-some-odd-million dollars of
maintenannoo.,,.---.d which isn't perpetual at a million dollars a year.
Ther
I would like for us to --and it was touted in the original
re e da question --curtail development, reduce development, so on
and so forth. Why don't we pursue that as an alternative to actually
buy development rights, reduce the population of Collier County
overall, allow the land to stay in fee simple with the ranchers, with
the farmers, with the people who use it from an agricultural
Page 89
May 28, 2019
standpoint but not have it tum into development at some stage, and
have that be a portion of the capacities of the acquisitions.
If, in fact, the referenda goes forward and the electorate votes to
tax themselves, then that is a --that is a portion of the utilization of
those funds and not just a strict fee-simple acquisition. ~
COMMISSIONER SAUNDERS: If you're looking for ~
reactions, I certainly agree with that. I don't think it should he
sole strategy. 0
CHAIRMAN McDANIEL: No. And, again, a ·ea to
convey this to Commissioner Taylor earlier, and t~r-...~_._.,.. .... t a
sole-strategy discussion. I think staff is here "'11"411111.\:1-find out which
way to, in fact, go. And we've heard in refine e
refinement of the strategy, an emphasis o rban locations of
properties that are environmentally ~e ontiguous properties to
already owned conservation lands, ~---·~~ ly owned properties up for
review as to whether or not they' hy to stay in the program and
accessible and so on and so fo ertainly having an acquisition
strategy per se so that w .... -.., .. -__ .. .., o go, if, in fact, a referenda comes
forward that the electorate ls comfortable that there's a process,
and certainly there is a i1f OCess, but the electorate is comfortable with
the process that have going forward.
Commis er aunders, you know, if you read --and I know
you have r ad Conservation Collier ordinance --there are target
areas whic etimes get confused, or not confused, but prioritized
ifyo
· you read the Conservation Collier ordinance, if the staff
a piece of property is valid for purchase, they can buy it.
They'll make a recommendation; they'll make a recommendation to
us.
The target area that Summer showed us is just, in fact, a target
area. But the language that's in the actual ordinance allows us,
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May 28, 2019
Commissioner Saunders, to consider any and all acquisitions that are
within Collier County's bounds. So that's a synopsis, if you will, of
the redefined focus.
Do you have --do you have any --do you need an actual
motion, or are you --are you okay with what's been discussed to
COMMISSIONER SOLIS: We need a --shouldn't we 1u"1i~
motion to adopt the staffs recommendation on developing t
an acquisition strategy plan? Isn't that what we're --Q
MR. OCHS: Incorporating all of the discussion -----..... --~s --
CO MMIS SI ONER SOLIS: Yes.
MR. OCHS: --that were made this mo .L "'1lllllli.E,
fine, sir.
COMMISSIONER SOLIS: So mov
COMMISSIONER FIALA: S~c '-4'.IJ .L UU.,.
CHAIRMAN McDANIEL: ._.. ..... ._ said. It's been moved and
seconded that we accept staffs rec ~~,~endations with the
suggestions that the Board's ........ ......,.,.,.., day. Do you want to bring it
back as a review --I thi ar what you're saying.
COMMISSIONER IS: I think once the --
CHAIRMAN Mc~ IEL: I know you said no.
COMMISS ER SOLIS: Logistically, it will come back after
it goes to the .N.. , right?
(Sim r-..niilU.... s speakers speaking.)
MR. : Yeah, that would be our recommendation.
AN McDANIEL: Okay. It's been moved and
e hat we utilize staffs recommendation with our input today.
er discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye .
COMMISSIONER FIALA: Aye.
Page 91
May 28, 2019
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.) ~
CHAIRMAN McDANIEL: So moved. ,, '\ ~
COMMISSIONER SOLIS: Mr. Chair? ~
COMMISSIONER TAYLOR: May I ask Summer h' tis the
formula for maintenance? What is it? What is it; 25 ................. =nt of the
cost per acre? Is it --what is the formula?
MS. ARAQUE: Well, there's --one thin · e, 1f you look at
our funding, 25 percent of that is for the maint a ce; is that what
you're asking?
COMMISSIONER TAYLOR:. Y~ at a fair--
MS. ARAQUE: Correct. ~~,,
COMMISSIONER TA YLO · ~kay. So whatever we collect.
So if I'm looking at --and I w · u looking at the cost for the cycles
is 13 million, 281 for all es; 13 million. Is that correct?
MR. SUMMERS: ost--
COMMISSIONE TAYLOR: The acquisition costs --
MS. ARA --for all of the cycles?
COMM O R TAYLOR: --to date.
MS. RA E: Is there.
COM IONER TAYLOR: Right. Oh,no,no. I made a
06.
ARAQUE: You're looking at the --you were thinking
e average. The average for each cycle was 13 million and,
yean, our total was 106 million.
COMMISSIONER TAYLOR: So that's --so ifwe divided by
four, let's just divide it by four, that would be 50 million? No, I'm
doing this wrong.
Page 92
May 28, 2019
CHAIRMAN McDANIEL: Where are you going?
(Simultaneous speakers speaking.)
MS. ARAQUE: I have all that information.
COMMISSIONER TAYLOR: Twenty-five million.
MS. ARAQUE: Would you like me to provide that to the ~
Coo~M~~ ~
COMMISSIONER TAYLOR: Is that an annual basis ·s that
overall for the life of the program is what I'm trying to fi .. r=-~
MS. ARAQUE: So for monies that were collec
were set aside. So if we think about moving forw
(Simultaneous speakers speaking.) ~
MS. ARAQUE: Moving forward, you w e o e collecting an
ad valorem tax, 25 percent of that would is e --as the ordinance
is currently written, 25 percent of t¥t o to management. And
we have pooled all of the informa e arding what the staffing
costs have been to date as part of referendum task force, so we
do have all that information, "-'.1iliil.""~ an get that to you.
COMMISSIONER _._._.,_,, : And in your opinion --and I
know this is risky for you staff member --are we maintaining the
acquisitions that we ha~ on a level that you're satisfied with, or
could we do bet
MS. A U I definitely think that we are managing them
IONER TAYLOR: Thank you.
~..., ......... SSIONER SAUNDERS: Could I ask --
IRMAN McDANIEL: Commissioner Solis, I mean, we're
~ ... .,,, out of the agenda item, and we're going back asking
questions again. So Commissioner Solis first.
COMMISSIONER SAUNDERS: Oh, I'm sorry.
COMMISSIONER SOLIS: No. I just wanted to actually thank
Alex Sulecki for coming and sharing her --
Page 93
May 28, 2019
CHAIRMAN McDANIEL: Thank you, Alex.
COMMISSIONER SOLIS: --understanding about the program.
Thanks for sharing that.
COMMISSIONER SAUNDERS: Just a quick question for staff
then. In terms of the ongoing expenses, how much are we spen~ ...... -....
in a typical year on maintenance on what we already have ac
just a rough --
MS. ARAQUE: I do not have that information of-Vl\l
head. Maybe Barry remembers. ~
MR. WILLIAMS: Your operating budget is ""',....,.,~-$750,000.
COMMISSIONER SAUNDERS: Tha~
CHAIRMAN McDANIEL: To a million,l lu s or minus,
depending on where we're going. C, _
Okay. Let's move on here. It in ~already voted, and --
MR. OCHS: Yes, sir. ~
e;~ Item #1 lD
ON OF TEN (10) ADDITIONAL
FULL-TIME EQU V ~E T POSITIONS IN THE GROWTH
MANAGEME EPARTMENT AND PURCHASE FIFTEEN
(15) VEHIC ESPONSE TO INCREASED CUSTOMER
DEMAN T PROPOSED POSITIONS WILL BE FUNDED
WITH CU T USER FEE RESERVES, REQUIRE NO
AD ~lilflllr',L L FEES; HA VE NO FISCAL IMP ACT ON THE
G L FUND; AND AUTHORIZE ALL NECESSARY
B ET AMENDMENTS -MOTION TO APPROVE STAFF'S
RE OMMENDATION -APPROVED
MR. OCHS: Commissioners, that moves us to Item 11 D. This
is a recommendation to authorize the creation of 10 additional
Page 94
May 28, 2019
full-time positions in the Growth Management Plan Department and
purchase 15 vehicles in response to increased customer demand
primarily for inspection services. These positions will be funded
with current user-fee reserves requiring no additional fees, and
Mr. French can elaborate or respond to questions from the Boar~
. COMMISSIONER SOLIS: I'd make a motion to appr~ .
item.
COMMISSIONER TAYLOR: Second. ,to
COMMISSIONER FIALA: Second. ~~
CHAIRMAN McDANIEL: It's been second~.t1'tl thirded, and
Commissioner Saunders is lit up. ~
COMMISSIONER SAUNDERS: Yeah. i wou d like to have
an explanation as to why this would be th est approach as opposed
to contracting to do some of these, if i ' spection services. And
the reason I raise that is, we've be · a upswing in the real estate
market for the last 10 years n~ow ai fiere are all sorts of predictions,
if you will, that there's going t e little bit of a slowdown. It
always happens in cycle
I think we're at the --sonally, I think we have to be close to
the top of a cycle. I me n, it's been going on for so long, and here we
are getting read hire 10 more people and acquire 15 vehicles. I'm
not sure if th s he isest approach, so I need an explanation.
MR. C · Jamie.
MR ............... ,~ CH: Good morning, sir. Good morning,
~llllilllllll_, ... ers. For the record, my name's Jamie French. I'm your
artment head for Growth Management.
ommissioner Saunders, to address your question, if I might, on
the overhead --and, yes, sir, you are absolutely right. And what this
chart identifies is the risk of our current staffing level. Now, if you
remember back in January, we did piggyback to the City of Naples
contract and brought on four additional contractors as an augment
Page 95
May 28, 2019
approach for staff.
So we not only look at what our current business trends are, but
we look at a risk analysis based off of the age of our inspectors as
they come into our employment. And, typically, they're roughly
around their mid to late 50s. So these are inspectors in critical ~
positions that have identified their retirement date ahead of t~l{l~
So to follow up on what I said earlier with regards to ~ing
on the contractors, if I could advance the slide just f orw hat
you'll see, sir, is that we brought on --we went from Gral,j-~1 ith Nova
Engineering, til we brought on four additional. w ... ~ctually lost
the ability to hire contracted services, sir, bee
there.
So the only alternative that we have nd the one employee that
shows there with the asterisk next t ~ t ·-,,.:.1.j~,._ .... umber, that is a
non-licensed person that does pe · t · xtensions for us.
There's no one in the market a e can find of the five
contractors. And Rich Long,_____ ilding director, is here, along
with Ken Kovensky, our ~°'..,. · ns director for Growth Management
on the development servic ide.
We've had nu er s conversations with the contractors. We
have a standing er: Send us what you have. And you can see, sir,
where our ov e -we're now working weekends, nights, holidays
where we' ing better than a quarter of a million dollars a year
just on ove ~~~~~ services, and we're well into nearly a quarter million
doll ~~~.L just into Fiscal Year '19.
e believe that with the attrition that's scheduled plus the
--and, quite honestly, sir, it's going to take us probably eight
months to hire these inspectors, because we're looking at folks
that are either going to retire from the market that are currently
licensed that are looking for that second career or looking to relocate
to our area. The last time we were in front of the Board, it took us
Page 96
May 28, 2019
eight months to hire those inspectors that you granted us.
So we don't believe that this is going to be advertise the jobs and
they're going to be here. We think we're going to have a good long
period of decision-making and searching for staff. And so this is not
an overnight fix. But since January, sir, we've not been able to
any contract employees whatsoever or even job bank tempor~
employees. ~ w
COMMISSIONER SAUNDERS: So there's no ab· o
contract with some of the companies that do these ty
inspections?
MR. FRENCH: No, sir. We've approac
bidders by this board, and there is no staff avai o us.
COMMISSIONER SAUNDERS: T a proved bidders, is
that --
--~-.--oved contractors that --
Who's on that list?
MR. FRENCH: I'm sorry. T,
COMMISSIONER SAUND::;.........__.c.,,·
MR. FRENCH: Calvin ...,.....,, ........ 0, Nova --
CHAIRMAN McD .. -DIIIIIIIIP" Are they gobbled up by what's
going on up in the panhan e as well, though?
MR. FRENCH: T at, plus the private industry is hiring them
for some of the er projects to do private inspections, and we're
paying them an our. So if we were to employee them, it's
$150,000 ea · st for that employee, and they're getting much
..,_.....,..,, rom the private industry.
~~ ......... SSIONER SAUNDERS: Okay. Then in terms of what
, you indicated that if we have a contractor that's $150,000
a what does it cost to have one of the full-time equivalent
posi ions in terms of salary, benefits; what cost do you have there?
MR. FRENCH: Weighted cost is about 70-to $72,000 with a
truck, sir.
COMMISSIONER SAUNDERS: Salary and benefits?
Page 97
May 28, 2019
MR. FRENCH: Yes, sir. They come in just under $50,000 a
year plus their benefits, the cost of the truck and the computer.
CHAIRMAN McDANIEL: Do you know, Commissioner
Saunders, I read through this information over and over and over
again. I'm exactly --feeling exactly like you are. But one of the
one of the things --my notes say that this is well thought out, ·
they've --you know, staffs consulted with the DSAC. The
they have a plan. It's not --I don't perceive this as a kn _e=::;;,--
reaction . This has to do with employees that are up £~1-.u going to
inevitably retire as we go along.
So I do concur with you that, you know,
theoretically at the top of a cycle, but we're no
hiring --this is a --this is a replacement ~
MR. FRENCH: Inspectors on\y . not administrative
staff. These are not plans review ~
And, if I might, this last cha ·n icates this was February of this
year where you're saying this· day in February, average day
where our inspectors to t ,._Ul!ll,....,.l._t , 615 inspections were
accomplished amongst th structural inspectors. That little
highlighted area in the ~nter, that's where we might have contractor
overtime was uf ed just to be able to get that done on that day, and
the 1,230 is t em ·ning backlog that was not addressed that day.
CHA McDANIEL: It falls to the next.
........... .L.~ous speakers speaking.)
~__, ... '-L..INCH: That falls to the next, and that's one day. So
his plan, what we have is where we would increase the
sta level to 28 inspectors. We're at 875 inspections today --I'm
sorry --875 inspections per day that we can eat into that backlog.
We would still utilize some overtime and contract labor as it came
available. So you see that number reduces over time to ultimately, if
we just took a very small 4 to 5 percent increase daily or --I'm
Page 98
May 28, 2019
sorry --monthly year over year.
We would be able to maintain an average of 636 or more, and
that would take us closer to your ISO, your B segs, and the other
ratings that we're measured against for insurance purposes.
CHAIRMAN McDANIEL: Commissioner Fiala, I'm sorry'
COMMISSIONER FIALA: Yes. I think that the job m qf ~ 'l's
it stands today, we have very few people that are specialize ~t can
even do this. And to try and get them from another co rather
than working for us, we don't even have any control
and cannot come in. We need specialized people se
inspections. I just think we need to go forwa t, and I think
that this is a perfect time. We need them to w or us. We don't
need them to work for somebody else wh en can just go off and be
hired by another person.
CHAIRMAN McDANIEL: ·-",_ . sioner Solis.
COMMISSIONER SOLIS: . And I've looked through the
material. It was very well do , Y well thought out, and it jumped
out at me as we need to nse of urgency on this, because the
sheer number of overtime the sheer number of inspections over
what's --our risk ana~ment folks feel is safe.
I think we d to address this right away. And my first reaction
was, well, if e e a these employees that have already indicated
they're goi t tire, working that much overtime may hasten that,
and that w ea worst-case scenario. That's what I think.
AN McDANIEL: Get to it.
MISSIONER SOLIS: Yeah. This is an urgent thing that
e d to take care of right away.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Based on what I've heard, I'll
support staffs recommendations, but I think that we do have to keep
an eye on where the economy's going. I do believe that we will see a
Page 99
May 28, 2019
downturn in the economy, and we just --I'd rather be proactive in
dealing with that than reactive. So I'll support that based on what has
been stated.
I will also say, folks are working a lot longer than they used to .
So the fact that we have employees that are in their --I think you id
in their late 50s? '(>
MR. FRENCH: They're typically in their late 50s wh....-.--•ey
JOln US. 0
COMMISSIONER SAUNDERS: I would expe ...--.... .Fltl<J se folks to
work for a lot longer than what has been pretty ty · · the past.
But I'll support staffs position on this. ~
CHAIRMAN McDANIEL: It's been mo d ana seconded that
we accept staffs recommendation. Any a r 1scussion?
(No response.)
CHAIRMAN McDANIEL:
COMMISSIONER SOLIS:
COMMISSIONER FIA
CHAIRMAN McD
COMMISSIONER LOR: Aye.
COMMISSIONE SAUNDERS: Aye.
CHAIRM cDANIEL: Opposed same sign, same sound.
(No res
CHA
MR.
I~
So moved. It's 11 :59.
: Yes, sir.
RE~LUTION 2019-96: A RESOLUTION AMENDING THE
COLLIER COUNTY GROWTH MANAGEMENT DEPARTMENT
DEVELOPMENT SERVICES FEE SCHEDULE, WITH AN
EFFECTIVE DATE OF OCTOBER 1, 2019, DECREASING FEES
Page 100
May 28, 2019
BY APPROXIMATELY $335,000 ANNUALLY -ADOPTED
MR. OCHS: Commissioner, that take us to Item 1 lE, which is a
recommendation to approve a resolution amending the Collier
County Growth Management Department Development Services e
schedule decreasing fees by approximately $335,000 annuall .'(>
CHAIRMAN McDANIEL: He wants to hire more pe,~ and
cut fees.
MR. OCHS: Right.
COMMISSIONER FIALA: So I make a mo . accept.
CHAIRMAN McDANIEL: Okay. ~
COMMISSIONER SOLIS: And I would f ~?na it with the
comment that that means somebody's doi something right.
CHAIRMAN McDANIEL: R i_g ... _ .... ~":.-.. =--y. That was a joke that
I was making. ~
COMMISSIONER SOLIS: ~[job.
CHAIRMAN McDANI was a good job. So it's been
Commissioner Taylo
COMMISSIONE TAYLOR: Okay. I have some questions. I
did read it a cou of times. In the first one I have no idea why $15
less to the co t is oing to increase the incentivization for folks. I
understan the nty doesn't want to look like, you know, their big
eak, but it's worked before. It's a huge amount of
..,_,._' 290,000 less into the funds. And I cannot support that.
I 1 eeds to stay at 60.
e after-the-fact environmental landscape permitting, how are
these after-the-fact permits discovered when someone's done
something? How do you discover them?
MR. FRENCH: Thank you.
Commissioner, again, for the record, Jamie French, Growth
Page 101
May 28, 2019
Management Department, deputy department head.
Commissioner, what happens is that we find this after a sale of
the property when they're trying to clean up a permit that may still be
open or if they're coming in to do some expanded services or
construction or, perhaps, what we find is that where the contracto
has gotten a little over --they've overworked their property.,,'\'(>
COMMISSIONER TAYLOR: Ambitious. ~
MR. FRENCH: Overambitious, yes, ma'am. And t y've
cleared well beyond the one acre. So we never --it's -.af...,. rare that
we find that it is --it turns into a code enforcemenT__,,,,-. tion, but it
could very well be an additional half an acre an ana it may have
only been --beyond the exotics, it may have b n one of the lower
strata, or it could have been a couple of tr that were affected by
hurricane or pine bore, or it could b ~ j ecause they didn't like
them. ~
So what we --what we do i e ring them through that
vegetation removal permit pro and even though we can't prove it
was done on purpose, th _,._..,. · mes the fee, as currently written, that
does impact some homeo rs. So you go from a $250 permit to
where you had an wn~builder or a mom and pop just clearing their
yard. Now they' ot to apply for a permit at $1,000, and we're
doing the sa ve of work.
So w at id is that we followed suit with what we do in
buildin cu,~• y and, based off state law, the contractor. So if a
t ' nvolved, they know better. They're licensed. They pay
ee. But in the event if it was an owner/builder or a private
pr e y owner that was seeking voluntary compliance, there's no
addi ional work, and because we work in an enterprise fund
environment, what we felt like is that the additional thousand or, I'm
sorry, the additional $750 is really punitive, and the punitive process
should follow our consolidated code enforcement ordinance.
Page 102
May 28, 2019
So in the event that they would want to --let's say they want to
take a position against the county or a position against getting the
permit, at that point we would take them through the code
enforcement provision, and that would allow for us to be able still to
have them follow the process and get the permit, but there may ~
fine incorporated with it that would be cited by the Code '(>
Enforcement Board or Special Magistrate. But that's how \KT'Nilllll..J.:.-tme to
that conclusion as far as four times the fee versus two ti he fee.
COMMISSIONER TAYLOR: Having watched ·n the City
of Naples on numerous occasions --and I underst ur rationale,
but I would agree with the four folks on DSA a a ted to keep it
at four times. So I can't support the motion un s tnese changes are
made, but I'm only one person here.
CHAIRMAN McDANIEL: C ~ -....---___.s er Saunders.
COMMISSIONER SAUND......,--. ... ..,._ ust wanted to make sure
that this department or these acti i · e are totally fee driven in terms
of what the costs are and that costs are all-inclusive, not just
salaries of people, but al ssociated with taking care of these
different activities.
MR. FRENCH: Y s, sir. So there's a fee study that we bring to
you or that we rough about every three to five years to make
sure that our s h e up to what --actually what we're collecting.
So we're c y going back through on an annual basis to
determine . .,.. ... ...,.., our costs are, and that was part of the Plante Moran
stud ",t}-...,,., e of the process improvements that we do on a daily
b aR'l"IIIIIM-we look at what's our true costs and where we could
ac capture some savings that we could pass on to the client or
bacK to the community.
CHAIRMAN McDANIEL: Commissioner Saunders, they
brought that study forward, I think, our first year in, and I had issues
with it because it was --I wanted to retroactively go back and give
Page 103
May 28, 2019
money back to people that we had overcharged and found that that
wasn't a fruitful path for us to travel whatsoever.
So this is as close as we can approximate to what our ongoing
operational expenses that are attributable to these jobs are and then
fairly pass that onto the consumers that are about to transact bus1 ss
with us. '(>
So my thought was, well, let's give it back to the peo~ at
have already paid. We really can't do that. U
COMMISSIONER TAYLOR: So you're the ii.i.~--•"'"'",..,.:IIIDct behind
this?
CHAIRMAN McDANIEL: What?
MR. OCHS: Staff initiated it
CHAIRMAN McDANI affs bringing this forward. And,
you know, there again,~ y brought it forward two years ago, I
wanted to give the money k to people who had already paid, but
that's not --that's not a J10 Ssibility.
I do concur "th the staffs recommendation. I think we have
larger loomi 1 su here in regard to the after-fact permitting
expenses t at a ssociated.
There n enormous amount of after-the-fact permit requisites
that ~~-.._ ... ere that are not being taken care of right now at this
s~ that's something, and maybe a reduction in the penalization
fo ~se after-the-fact permits will incentivize folks to come forward
and come into compliance.
MR. FRENCH: Commissioner, we've seen a great deal of
cooperation through the code enforcement process, especially on
those structures that were built without permits, because we did lower
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May 28, 2019
the fee, and we've become much more accommodating to the public.
We've had a great deal more communication and, really, compliance
and education opportunities with the community, so ...
COMMISSIONER TAYLOR: What about the incentivization
of $15 that takes almost $300,000 from your fund? ~
MR. FRENCH: Which line is that, ma'am? ~
COMMISSIONER TAYLOR: That would be the first~""', the
permitting, where you reduce it from 60 to $45. 0
MR. FRENCH: That's on building, and that's ti ~U'~k. So
what that is, that is a --it's more of a punitive whe ~~
out, we'd do a partial inspection, or the inspec · not pass. So
we're actually going back out and doing the sa e xact inspection.
So this is on a building permit that's curre :x active.
Our costs whether to show up t e e or the second time,
we know our built-in cost is $45 . ..._ .... ..,....._..,, hat it costs us to have that
employee and that truck there. So simply just went back and
looked and tried to true up th7-Y ~ ersus taking more of a punitive
effect. "-I
In the event that the -rlllii)rmit expires or in the event that a
contractor doesn't ollo the rules or the law, we have the ability to
come through a · ng mechanism.
COMM O R TAYLOR: Okay.
MR. R H: Yes, ma'am.
COM IONER TAYLOR: All right. Then thank you for
~~""l,lOn.
FRENCH: No problem. I'm sorry for the confusion.
MMISSIONER TAYLOR: No, no. You don't have to
apologize at all.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we accept staffs recommendation. Any other
discussion?
Page 105
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
May 28, 2019
CHAIRMAN McDANIEL: Opposed same sign, s.-r----~ound.
(No response.) ~,
CHAIRMAN McDANIEL: So moved. ~ ~
MR. FRENCH: Thank you. ~ ~
CHAIRMAN McDANIEL: Now we're g~ng to go to lunch.
We will be back at 1:10. C,_
(A luncheon recess was had.) "'1, ~
MR. OCHS: Ladies and gen • e~i fyou'd please take your
seats. Thank you.
Mr. Chairman, you have . m1c.
CHAIRMAN McD
starting on time at 1 : 10 f o
1 o'clock session. /
Good afternoon, everyone. We are
r after --not to be heard before
So, County: nager, which one are we going to go with first?
MR. OC e Board's call. Probably the 11 G, I would
rst.
N McDANIEL: Okay.
~~ ......... SSIONER FIALA: Did you say 11 G?
I~lG
RESOLUTION 2019-97: FURTHER DISCUSS THE ADOPTION
OF A RESOLUTION FROM THE MAY 14, 2019 BOARD OF
Page 106
May 28, 2019
COUNTY COMMISSIONERS MEETING WHICH WOULD (1)
REPEAL THE EXISTING PROPERTY ASSESSMENT CLEAN
ENERGY (PACE) PROGRAM, REPLACING IT WITH A NEW
PACE PROGRAM LIMITED TO COMMERCIAL, INDUSTRIAL
AND MULTI-FAMILY RENTAL APARTMENT BUILDING ,
AND (2) APPROVE A NEW STANDARD FORM MEMBE
AGREEMENT WITH PACE PROVIDERS ALSO LIMIT.i....,i.;;,,,-.o_
COMMERCIAL, INDUSTRIAL AND MULTI-FAMI-":-fl" ...... ~
APARTMENT BUILDINGS TO BETTER PROTE ............ ..._ ....
PUBLIC BY PROVIDING FOR MORE RESTRI
ADDITIONAL REQUIREMENTS NOT FO ...__~
STANDARD FORM MEMBERSHIP AGRE
OTHER APPLICABLE LAW. IN ADDI N,
RECOMMENDATION TO DIREC.T --'"""a...c::ar TO (1) SEND
WRITTEN NOTICE OF TERM OF ALL EXISTING
MEMBERSHIP AGREEMENT CURRENT PACE
PROVIDERS, AND (2) OFF E NEW STANDARD FORM
MEMBERSHIP AGRE ..._,,._.,_,_~... 0 ALL EXISTING AND OTHER
INTERESTED PACE PR Y IDERS -MOTION TO REPEAL THE
EXISTING PROP RT A SESSMENT CLEAN ENERGY (PACE)
PROGRAM, ACING IT WITH A NEW PACE PROGRAM
LIMITED T O ERCIAL, INDUSTRIAL AND MULTI-
FAMILY ,...,;v(,. L APARTMENT BUILDINGS, AND APPROVE
A NEW S ARD FORM MEMBERSHIP AGREEMENT
~la,f'.L..J PROVIDERS ALSO LIMITED TO COMMERCIAL,
Tjjillfftfi,.c, IAL AND MUL TI-FAMILY RENT AL APARTMENT
INGS; AND BRING BACK A CONSUMER PROTECTION
0 !NANCE AT THE NEXT JUNE 11, 2019 BCC MEETING-
ADOPTED
MR. OCHS: Yes, Commissioner. This is Item 1 lG that was
Page 107
May 28, 2019
continued from your May 14th, 2019, board meeting. It's a
recommendation to further discuss the adoption of a resolution from
the May 14th board meeting which would repeal the existing
Property Assessment Clean Energy PACE program, replacing it with
a new PACE program limited to commercial, industrial, and ~
multifamily rental apartment buildings, and Mr. French is av ~~ to
make the presentation if you'd like to hear it again. ~
CHAIRMAN McDANIEL: No. 0
MR. OCHS: Essentially, the Board had asked t m be
brought forward for additional board discussion a
you want to continue the PACE program in it ~l<!-.L
whether you want to amend that or eliminate it
CHAIRMAN McDANIEL: Right.
And, Troy, when you get done ~y to come turn on my
dilly whopper here. ~
MR. MILLER: Yes, sir. Wi] that, sir.
CHAIRMAN McDANI d then, Commissioner Saunders,
I'm going to call upon yo e this discussion. It was between
you and Commissioner T r that we actually have the --have this
discussion today as to ~et er to continue the residential portion of
the PACE progr
COMM O R SAUNDERS: All right. I appreciate that,
Mr. Chai rlr,,. ....... ~ ank you. Just kidding about that.
CHA N McDANIEL: You don't appreciate it?
~~ ......... SSIONER SAUNDERS: No, no. I'm just kidding.
in agreement with having this hearing really for the
pu o e of having the PACE providers respond to some of the
testimony that occurred at our last meeting.
I did listen to audio recordings of the typical telephone
conversations that one of the PACE providers has with all of their
PACE customers. I don't want to indicate --I don't want to say
Page 108
May 28, 2019
anybody was saying anything intentionally incorrect, but I do believe
that the information that is provided by that one provider in those
telephone conversation is very, very clear that it's not a government
program; that it goes on the tax bill as an assessment; that there is an
interest rate and what that interest rate is and what those paymen
are. I listened to several of those telephone conversations, an q ~
perfectly clear. ~
There was one individual who indicated he was un t e
impression this was a grant program. That particular · idual was
actually on one of those calls that I listened to, an ~,..., .... '111111 ................... the
information was provided that was very clear. e
understood it, but it certainly sounded like fro t e ialogue it was
well understood how this whole program ul work. My
understanding is those type of phon; c ~·-o every customer.
And so I wanted the PACE p to have an opportunity to
respond to those allegations that r ade. There were serious
allegations, but I think that's a misinformation out there.
CHAIRMAN McD .. -DIIIIIIIIP" Right. And I just would like to
say --I mean, we're going proceed with the item. There are folks
that are here that h ve ~ned up to speak and all, but this goes back
in line with --I' orry?
re
ac
path.
COMM O R FIALA: I'm sorry.
CHA ---·-· McDANIEL: No, that's okay.
u , .... ,.,~ack in line with our --we need to remember that
~ .... ~ome as public speakers to the podium, that verbatim
----~~ .... -tions and things that are alleged aren't necessarily as
e as they could be, and I think that's what led us down this
There was one particular respondent that made a lot of --a lot of
accusations that could be or could --may be factual or may not be
factual. And I would like for us to, if we can, going forward, to try to
Page 109
May 28, 2019
hold back on --until further investigation is, in fact, done, hold back
on credence given to those people.
I mean, when you and I did --Commissioner Taylor, when you
and I did the mock County Commission meeting with the kids, the
fifth graders, Mark Strain was one of our speakers. He had som~
really fluffy slides that he put up there with regard to chicken ~ 'li 1
that sort of thing along those lines. And it's easy; I mean, A,..._LA>/ant to
give credence to those folks that are speaking, and they Qinly have
the right to speak. But I think we just need to be car out
reaction to those presentations.
COMMISSIONER TAYLOR: May I sp
CHAIRMAN McDANIEL: But of cours
COMMISSIONER TAYLOR: Let
this shift in position on this commis~io
speakers that came before us at gr t
affront to their personal dignity.
There's a reason this pro ~~~,~a,rgets your district, sir, and your
district, sir, and does not; .. ~~.,;;.,•-<+ y district, and that is probably --
have a lot to do with their nicity, their lack of sophistication in
business areas, the· r lac o awareness or perhaps their great need
after Irma to ma their homes a little bit better.
When y e s nding, for an air-conditioner and a roof,
$46,000 o a itat for Humanity house, you know that there's a
level of so · cation that is lacking in them.
surprised but greatly disappointed at the way this is
I think in time, there will be clear evidence, again, that this
is very harmful for citizens in our community.
Thank you.
CHAIRMAN McDANIEL: And you started that off with an
analogous statement. I want to be very clear: I'm not discrediting
anyone. People have the absolute right to come up and speak at that
Page 110
May 28, 2019
podium and the absolute right to say whatever they want.
Credence is at the decision of this particular board as to whether
or not we give credence to that particular presentation.
COMMISSIONER TAYLOR: That's right.
CHAIRMAN McDANIEL: Just to be clear, I was not ~
discrediting anyone. ,, '\ '(>
Commissioner Saunders. ~
COMMISSIONER SAUNDERS: Yeah. First of l~ haven't
heard from the PACE providers, so I think it would b · tle bit
premature to say where this is going. I just wante
board members that I did listen to the tapes, a .., ... ~.~~ indicated
that there may have been some misunderstandi rom the people
that received those phone calls, but the in:::~~~a ion that was
provided, at least in the phone calls 1· .,._. ... ,""'""-"o, was very, very clear.
So I want to hear from the P viders on how we deal with
these issues and see what their rea i is before I make any decision
on how to go forward. ~T1l7'T~
CHAIRMAN McD .. -DIIIIIIIIP" Let's go.
COMMISSIONER LOR: I'm glad that you're open, sir.
CHAIRMAN Mc ~ IEL: Oh, absolutely. And so who do we
have first prese ... .-... :111-?
r. Chairman --MR.MI
CHA McDANIEL: Are the PACE providers on the list
.__ .. ., ...... ...,rs, or are we going to to have staff make a
~ ... ....:~r.-c, Leo?
OCHS: Pleasure of the Board, sir. We didn't really plan a
esentation.
COMMISSIONER SOLIS: We invited the PACE providers to
come --
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: --give a presentation, didn't we?
Page 111
May 28, 2019
Isn't that what it was?
MR. MILLER: I will say, if I might, I have a presentation from
one of the PACE providers. I don't think they've entered slips
because I think they're under the impression they're presenting.
CHAIRMAN McDANIEL: Let's do it that way. They wer e
ones that were invited to come --'(>
MR. MILLER: I have received a presentation from Y e. I
have it up and ready for you.
Mr. Chairman, is there a time you want me to as,.,.,,......,__,
presentation?
CHAIRMAN McDANIEL: No. I don't "ll""'IIIII,~~
MR. LEMYRE: Okay.
or --
MR. MILLER: Yes.
MR. LEMYRE: Okay. ,,__,_.1
....... oon, Commissioners. My
name is Mike Lemyre --and staf. -~--~e is Mike Lamyre. I'm senior
vice president of Y grene Ener ds responsible for government
affairs and public relatio . thought after hearing from folks in
the community and my st_..._.,..,.,nd watching the last --your last
meeting that it was imP. rtant, in fact, critical enough for me to come
from our headq ers to address you and some of the statements and
allegations a is1 ormation around the program.
I'm a o g · g to be joined by colleagues, Ben Taube and Kate
Wesner w e local to the state and have additional perspective to
shar .~....,,. e'll go through our information and presentation, and
_._ ..... ..,-rrupt me if you have questions. So thank you very much
time.
First of all, I just want to start off by saying that I think the
option or the idea of removing PACE entirely, residential PACE from
the community, is just simply too extreme of a reaction given the
facts that we have researched and can substantiate and will do so
Page 112
May 28, 2019
today.
These unsubstantiated allegations --again, I agree with you,
Chair McDaniel, we're not impugning anybody's reputation or
personal, but it has taken me almost 10 years to understand as much
as I do about PACE, and so I honestly don't expect somebody w
looked at it in the last few weeks or months to interpret every .... ~~·; .. ~,...,
accurately.
But the --many, if not all of, the claims and charge we
have heard recently or read recently are, in fact, unsu "'""""',L<-_tiated and
undocumented and inaccurate.
Y grene's provided financing for 401 proj county since
being approved by this commission, by this bo , in October of
2017. In that time, there have been appro ately 20,000 permitted
projects throughout the county. So 1h ~ects is a fraction of an
aspect or niche of home improve~·---1 ncing that is occurring in
your jurisdictions.
In that time, we have rec · rom our customers, from your
constituents, three comp · t ree, out of 401 projects. That track
record I would hold up ag t any consumer finance or home
improvement fina ce b~iness. We strive for zero complaints and,
where there are plaints, 100 percent resolution. But nobody's
perfect, and e n er put the program out there to be perfect;
however, at k record alone, that statistic alone, which is backed
up and ven--,..,,.,,_,,....y our records, you know, should reinforce that
t oval is too extreme of an option.
assert that PACE has the strongest consumer protections
in ome-improvement market, in the finance. Absent the PACE
option, homeowners, your constituents, actually have fewer
protections when it comes to contractors, when it comes to financing,
when it comes to problem resolution and recourse. And as we see,
the so-called tip of the spear in terms of recourse is right here, right
Page 113
May 28, 2019
here at the local level, not complaints to a state or federal agency. So
your constituents have far greater protections, and we'll talk about
those as well.
And then, also, PACE is working, and we'll demonstrate that. It
is working in terms of improving homes, hardening them agains~
storms, against hurricanes, making them more efficient from \1'1>
energy perspective. People in Collier County, residents in ~er
and across the state are saving money, real money, on h .... -~~
insurance --property and casualty insurance premiu energy
costs, and utility bills, and they're hardening their .-vc""""-"'U and
improving health and safety not only of their u of the
community and the state.
And then, finally, I'd like to make th oint that because of these
consumer protections being stronge, t .... Jo.'fl-.... '"W-a other product in
home-improvement finance and t UEL/ .. ~ss and the benefits derived
by the homeowners in the comm that PACE is, in fact, essential
public policy. It is exactly w 1 government has gotten involved
to provide a valuable opt· luntary option, to homeowners, and
removing it is just simply extreme.
So we'll walk throlf6 h some information that, as requested,
addresses the u stantiated allegations or claims made in previous
meetings, an n also be joined by my colleagues.
So ju ta U..1.._i,t..Jshot of PACE in Collier County. Recently, the
University uthern California's Public Price School did an
in-d ~~..,,....y of over 50,000 projects and created a number of
d delved into the types of projects that PACE finances and
encourages that financing and the fact that we only finance the
resiliency and energy efficiency projects. We can track that and
measure that.
And so you can see some of the statistics of the improvements
and benefits that homeowners in Collier County, right here in this
Page 114
May 28, 2019
county, have received or will receive over the lifetime of their
project.
And then statewide the metrics are even more dramatic where
just through --about 13,000 projects completed in Florida throu h
March of this year, homeowners over the life of their improveme
are going to save nearly a billion dollars on premium insuran
as well as the energy and hazard-loss mitigation, kilowatts ~~-~t..
utility bills saved, and contribution to the jobs and econ,y--.~
development in the state and in the county.
So there's been a lot of critique and comment the process
and the role of contractors specifically. And t __ __,_-= want to
clarify on the record is that while contractors y re er or introduce
PACE as a financing option, a voluntary ion to homeowners, no
homeowner can bind themselves in ~ fi agreement for PACE
financing without dealing directly · grene, under contract, an
approved and authorized progra ~"'""J,_1nistrator, or another program
administrator in such an arran,__..J,_,..., t, all of whom have been
approved by this commi · well as other jurisdictions in the
state.
So let me repeat t~t. o homeowner can execute a financing
agreement and b · themselves to the financing which results in a
lien being rec r ed d results in a project proceeding without
interactin dire · g with a Y grene representative. That is not done
by a contra ... ~~egardless of what insinuation or statements have
been ,J,_~~,,
ommissioner Saunders pointed out, you know, earlier he
....._._ ..... ~ to, and I think others may have heard some of the confirmed
term calls, which is just one of the steps that we take, and we record
those and save them for posterity, that ensure the homeowner
understands very clear basic terms, but it's by no means the only step
that we take.
Page 115
May 28, 2019
Once the homeowners applies --and only the homeowner can
complete all of the application data needed --they move to approval
or conditional approval, which means needing further data. That
step, that underwriting of the project of the property and of the
homeowner who currently owns that property is conducted by an
underwriting team or an underwriter specifically at Y grene. lt •
conducted by a contractor or any other party. ~
Before there is what we call a notice to proceed or
basically, to move ahead with the project and relyin e
financing, all of those underwriting criteria must b~~,~:..!, and those
underwriting criteria include what is in the st...,W11111!1.i.!t e, for instance,
maximum 20 percent of just value, but it inclu s many other criteria.
The underwriting also includes a nu::~~r of criteria and required
steps as required by the special distr· ct--~~lltc ~. · he government entity,
in this case Green Corridor, that o._,,.-~ the program, and then that
underwriting may also include loc quirements that a local board
or jurisdiction places on the p
All of those steps ar ed and all of them are documented
and verified. In fact, they onfirmed by a third party in many
cases, and they're all pe ormed by Y grene, not a contractor.
Finally, as move to the payment, the completion of the
project and · g payment request and reviewing before funding,
homeown 'U',_,.,VLJ'lete what's called a certificate of completion.
What that does, though, in practice, is give the homeowner the
~-..,,~ the ability to say, yes, the project's completed to my
n and, yes, Y grene, you may pay the contractor. And when
" ay the contractor," it's important to note, pay the contractor
100 percent of the cost of the financing (sic).
Normally, or what is typical in home improvement financing, is
the homeowner pays some sort of deposit or maybe makes some
progress payment along the way. One of the unique aspects of PACE
Page 116
May 28, 2019
is that all of the monies to the contractor are withheld until the
homeowner signs off on the completion of that project, and that is
ultimately another step.
CHAIRMAN McDANIEL: When you get to a --
COMMISSIONER SOLIS: That's all right. Just to be clea~
they're paid 100 percent of the cost of the improvement? ,, '\ '(>
MR. LEMYRE: The improvement. ~
COMMISSIONER SOLIS: Not the financing. T1lr 0
improvement. ~~
MR. LEMYRE: No, no. The portion --no, t.-...,__...,t of the
improvement --~
COMMISSIONER SOLIS: Right. \ ,
MR. LEMYRE: --that goes to the c tractor.
So just as a related sidebar not~, t ....... """..., · -the homeowner signs
a contract with their installer --a '-:in.I-'""' with their contractor for the
installation of goods. You woul that agreement regardless of
how you pay for your improv ______ ,.. . Cash, home equity loan, PACE
financing , credit card, so ..
COMMISSIONER Yeah. I only asked that because
you said they would be ai the 100 percent of the amount of the
financing. A
MR. LE r R~ If I misspoke, thank you for clarifying,
lis.
IONER SOLIS: Yeah.
YRE: Yeah, 100 percent of the cost of the project that
t ~..,. ctor is charging the homeowner.
I made the statement earlier that PACE has the strongest
consumer protections in home-improvement financing space, these
are a few of the common products to the right: The home equity
loan, HELOC, line of credit, various unsecured personal products,
and in the case of solar, a homeowner may use a lease or a power
Page 117
May 28, 2019
purchase agreement.
So these are just a sample of some of the more common ways
that somebody might pay for a home improvement. I mentioned
before, PACE has been used before on projects in Collier. I believe
there's --one statistic I saw was roughly 20,000 permitted projec of
all sort, PACE eligible and ineligible, in Collier County just i~ ~
last 18 months. ~
So people are using all forms of payment for all so o home
improvement financing where we're talking about a -.rlll~,::i slice of
the market. But as you can see, from underwritin !!:~·~!~ia at the top
to customer support to disclosures, a certifica-...... ..._---~ ... ~~~ letion,
contractor oversight, PACE has been built not s by statute, but by
policy and, frankly, by the program admi · rators, myself, my
colleagues, our peers in the industry., s "'111,1:..,. .. ~ ... ly to provide a better
product and a greater protection a e er recourse for the
homeowner. It is a public polic;.:: i ·t ive. It's not a pure private
market financing option. ~
Our obligation, whi nn.iu.Me ~ke very seriously, is at a much
higher bar, and that is one the things that you see reflected in here.
And, frankly, all o the ~ ot er options, save for a few examples, do
~~t provide aJ ; re near the comprehensive protection that PACE
Agai '!.:_~e perfect and have we executed perfectly in
100 percen ~ ...... e circumstances? No, but I don't think you'd find
.... '12~~ ... or any product or any industry or company, for that
t does. Again, 401 projects funded and completed and
omplaints.
And then, lastly, again to some of the specific points before I ask
my colleagues to continue this. I mentioned some of the specific
consumer protections and standards, and I also talked about the
process from application to funding. This shows you where in the
Page 118
May 28, 2019
process these items occur.
So I talked about the underwriting process. Commissioner
Saunders referenced a confirmed terms call. We also call it a
welcome call, all right; welcome to PACE . Welcome to Y grene.
This is how --this is how we interact with homeowners seeking~
financing for their projects. ~
It's different than other forms of financing. All right. ..-...L .. , ou
understand that you'll be repaying this? Yes. With inte . Yes.
Do you understand the interest rate? Yes. The amo
paying? Yes. And so forth.
All right. If you listen to these calls, wh ·
a regular basis, we have a team of people who o is every day
hundreds of times. It is clear when some y understands and when
they don't and whether they can go ,o ____ ,_ d where they can't.
We also perform an identific · rification process as
performed by a third party. It is c 1c to the individual. You have
to answer a majority of five 1 s to identify yourself. Industry
standard, fraud, preventi ,..._ ... ..,._1c --measures. That is executed
before the project is appro and can proceed to fund and anybody
could have a lien a tac ~.
And, finall , e finance agreement, which can be signed in
person, wet s . .Aflr').L~r tu , electronically in compliance with all laws;
however, ain, · is tied to the homeowner, the location, and time of
day using t party industry standard software and requirements.
All o, .... ~Jllillllll...., .... ppens before the project is approved and finalized and
d.
AIRMAN McDANIEL: One question.
MR. LEMYRE: We have further steps through here, but that --
I think you got the point.
CHAIRMAN McDANIEL: Commissioner Taylor has a
question.
Page 119
May 28, 2019
COMMISSIONER TAYLOR: Could you please repeat your
confirmation terms call.
MR. LEMYRE: The confirmation --well, I didn't articulate
every question, but the confirmation-of-terms call includes
confirming that the homeowner understands that they will have ~
re --the amount that they're applying for and have been appro ~~r;
that they'll have to repay that amount; that they'll have to re it
with interest; that the interest rate is X, whatever is state he
agreement; that the term is Y: 10 years, 15 years, 20 lftti.~
forth. ~"
They also are asked if it's --~~
COMMISSIONER TAYLOR: What's "s ~f~rtli"?
MR. LEMYRE: For example, iftheO~derstand that a lien will
be placed on their property. • ~ ~
COMMISSIONER TAYLO ~ou tell the call--one of the
parts of this call, you say, this is t ount of your loan; you
understand that? This is the i-.-.. __ e_ that you're going to be charged;
you understand that? T · · entire amount that you're going to be
required to pay; you unde nd that?
MR. LEMYR : Ylrrect. And we'll submit, you know, the call
confirmation an rms call script so the members of the Board can
see all of the sti s that are asked and confirmed prior to moving
it forward.
CHA N McDANIEL: Have you listened to the calls, any
MISSIONER TAYLOR: It wasn't offered to me. They
ho the swing vote is.
CHAIRMAN McDANIEL: I'm sorry. I just --because I, like
Commissioner Saunders, have listened to several of the calls. Did
you have something you wanted to say?
COMMISSIONER FIALA: Yeah. You had mentioned
Page 120
May 28, 2019
originally in the first part of this thing, just in the same subject you
said standard interest rate, but now when Commissioner Taylor asked
you a question, you didn't mention standard interest rate anymore.
What is standard?
MR. LEMYRE: No. I didn't say standard interest rate. T~
stated interest rate. ,, '\ '(>
COMMISSIONER FIALA: Oh, you said "stated"? ~
MR. LEMYRE: Yeah. So the homeowner receive - e
homeowner receives a financial disclosure form. It i eled after
the "Know Before You Owe," KBYO, template th_._., .... __,
Consumer Financial Protection Bureau has de o
estate market, and that is an extensive --I beli e t runs two to three
pages. We'll submit a sample of that as ™ in aetail --that has all of
the financial components and neces ~a s sures for the financing.
In that is the stated interest r ell as the annual percentage
rate, the APR, inclusive of all fees .___~~r ~so, all the fees are detailed out.
So the stated interest rate, wh· uld be, let's say, 7 percent, for
example, and so that wo -.-~ e stated rate. If there is $500 of fees,
when you add that to the a unt of the project, you get an APR that's
slightly higher bee use ou count certain fees as part of that.
So I made comment "stated rate." It's the rate that is stated
to the homeo n r. ut they also receive the financial disclosure that
has all the the rms in it. And, again, we'll provide that template
AN McDANIEL: Commissioner Saunders.
MISSIONER SAUNDERS: No, I was just going to point
ou t I have a copy of one of the scripts, and you indicated you'll
provide a copy of the script of the confirmation terms calls, so that
covers all of the issues that have been discussed.
MR. LEMYRE: Okay: So Ben? So I'll ask Ben to walk
through a few more key points.
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May 28, 2019
MR. TAUBE: Thank you, Commissioners. Again, Ben Taube
with Ygrene Energy Fund. I'm happy to be here today.
I'm going to walk you through contractor management, and I'll
make this relatively quick, and please ask questions if you have them.
So as you've heard --and Mike laid out the groundwork --en
a contractor participates in a program, there are a variety of st"'J at
a contractor's taken through. So, number one, there's a re i ~ion
process, there's a validation process, there's a training pr. re, and
there's an activation, and I'm going to walk through e ~·,____,.f the steps
so you understand what these are.
So from a standpoint of what's required
one, a contractor can participate in this progra
appropriate licenses: State and local lice
does apply, we do an exhaustive bac;.k ~ ... -~ ...... __.earch. First thing that
happens is we check their license.~~ ey up to date? We do a
criminal background check. We ~~ocial media check and a
variety of other things that oc 1 that process to ensure that the
contractor participating ... ..,., ... ,,., ..... ...,.,ppropriate criteria to participate in
the program.
We do on-site trai · ng, and we take them through how PACE
works. We take m through the disclosure process. We take them
through the e 1 s o ow to use this type of product. We talk about
what we d fro consumer-protection standpoint. We talk about
nondiscrim · · on. We talk about a variety of things to ensure they
~ ... ~_._ow this product works and what it's being used for in the
ce, because it's specific to what the state statute says.
e take them through not only via online and webinar trainings,
we a so do this in person where our existing team goes and visits
these contractors and sits with their team to walk them through
how --the programs and how they should operate under the structure
of each of the programs operating. There's over 175 programs in the
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May 28, 2019
state of Florida, so not every one of them is exactly the same, but for
the most part they are.
CHAIRMAN McDANIEL: Before you go on. Commissioner
Taylor.
MR. TAUBE: Yes.
COMMISSIONER TAYLOR: So how did the gentlema ,
believe it's Summit, out of Jacksonville or --no, out of Ta,,,,_--
could he --if you go through all these comprehensive tr i~,1-i
protocols for contractors, how could he have been e ...... fl""...,
MR. TAUBE: He was licensed by the state.
COMMISSIONER TAYLOR: He had a m ackground.
MR. TAUBE: And he --from our unders n ing, he was
licensed by the state to perform the work was doing. Potentially
his subcontractors he was using, thal 's e issue arose. And
when we saw the issue arising, w tion and terminated.
COMMISSIONER TA YLO · e had a history. You missed it.
MR. TAUBE: I can't tel e missed it or not.
(Simultaneous spea aking.)
MR. TAUBE: When did the research --
COMMISSIONE TAYLOR: So when this contractor gets
sued or goes thr h these things, which this gentleman from the
Tampa area · o ough, he goes through that alone. Y grene's not
beside hi say he's our employee, we like him, he's worked for us.
He goes th~·,__,. that alone, right?
~....-UBE: Yeah. I'm not sure I follow your question.
MISSIONER TAYLOR: The gentleman from that area,
e Tampa area, was --had several --he got into a lot of serious
trou le by working for whatever he was working for. There was a
history there; the history that was a record; we were able to find it.
When the law comes after that contractor, he doesn't come after
Y grene, does he? Does it? The person that gets charged for the
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May 28, 2019
problems that the contractor causes when employed by you is the
contractor.
MR. TAUBE: You have --
COMMISSIONER TAYLOR: Except in the state of California
when they're coming after Y grene on numerous occasions, whic '11
bring up later. '(>
MR. TAUBE: You have two distinct issues: You hav
homeowner signing an agreement with a contractor to <h1 'I
you have a --~~
COMMISSIONER SAUNDERS: Could yo ·nto the
microphone a little bit more? I can hear you e well.
MR. TAUBE: Yeah.
So I'm saying, you have two distinct · ues. You have the
homeowner signing an agreement wj t actor to perform a job,
and you have a homeowner signin'"~ a eement with a company
like Y grene to finance such job. .\..>
COMMISSIONER TAY . And we have contractors that are
hired by that company t ces the job. So you're washing your
hands like Pontius Pilate.
MR. TAUBE: I w. ul say that we stick through the process
r through a very long duration. I think there's
wi the homeowner through processes and
· st homeowners that's not --that you're not --we're
in this conversation. I don't know --we're trying to
_,..__ cliff erent things.
MISSIONER TAYLOR: I'm just curious where --if you
y responsibility for the contractors you hire and the bad actors.
MR. TAUBE: We take responsibility for maintaining,
managing, suspending, monitoring, and terminating contractors every
day. We have a team that actively does this on a daily basis.
COMMISSIONER TAYLOR: But there's no financial
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May 28, 2019
renumeration (sic) to the homeowner that's been preyed upon; is that
correct?
MR. LEMYRE: I'll take that, yes.
So first of all, no contractor's ever employed by Y grene, but
they're authorized to perform the financing. So I just want to ma
that clear on the record, not to split hairs. ,, '\ '(>
(Simultaneous speakers speaking.) ~
COMMISSIONER TAYLOR: --authorized. 0
MR. LEMYRE: Yeah. But in the specific case ...,,_ .. .,,....mmit
Wood, not dissimilar to a broad swath of the contr where they
use subcontractors, marketing agents, et ceter
So the principal who applied and the com a f at applied was
duly licensed and passed all the screens; ever, when we started to
hear the different names of comp an· es tractors or other
individuals who are not listed as e es or not part of --officially
part of that individual's compan).:: t ere involved in the
transactions, we looked into t ......,., . ....,.nd that is when Y grene
proactively suspended a 1 ately terminated that contractor, and
we did so before there we ews reports and before there were
allegations. That's the process working.
But the ma 1 lace is dynamic, and there are different parties
involved. W we -when those bear out --and our process does,
by and lar e, T,.......,,.Ll>t those out, we take the appropriate action.
To o cond --your last question about financial
r: (sic), Y grene resolves all of our complaints to the best
...., ... ._..,.., ... · ... ity and to the letter of the law and often beyond and up to
an luding financial renumeration (sic) to the property owner
where warranted.
And we have a track record, and I can submit, you know,
evidence of the fact; not that this is a court of law, but I understand
the standard we're being held to --that we have removed liens where
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May 28, 2019
appropriate and renumerated (sic) homeowners in whole or in part
where appropriate and where deemed necessary.
And so that is part and parcel. But I think what you're hearing
here is the overall process. And, again, with 400 projects and three
complaints, overall this process by and large works. Where ther
something we can improve or where something comes to ligh
the fact, we also have a process to address that quite effecti --"'.
COMMISSIONER TAYLOR: Are you aware oft C
FoxBusiness.com news story dated May the 28th, 20 · led "More
borrowers defaulting on their green PACE loans"? t, I'll make
sure you have copies of it. ~
MR. LEMYRE: Is that today, May 28th, }-01;, you said? So I
haven't had a chance to read this. I was p aring for this.
COMMISSIONER TAYLOR:.I eryinteresting. We
can talk more about that later. Th
MR. LEMYRE: We'll also ·1 to staff, in our performance
data, the delinquency and de£,.... ______ e associated with PACE. They're
extraordinarily low.
COMMISSIONER LOR: Sorry. This was published
August 15th, 2017 so t · s was two years ago.
MR. LEM Yeah.
COMM R TAYLOR: Dow Jones Newswires. I'll get it
IONER FIALA: Could you send it to my office, too.
""-:~""iiSSIONER TAYLOR: Yes. We'll have copies now. If
's · stening, I need copies for everybody out here, Sherry.
R. TAUBE: Okay. To continue on is to talk about the
process we take contractors through, monitoring standpoint.
So the contractor --we have basically a green, yellow, red,
right? They're monitored. In monitoring, there's a variety of things
that we do in terms of watching what the contractor does. We ask for
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May 28, 2019
additional information, and if they're in that stage, they're in that
stage for a reason.
If they get to the point of suspension where we suspend the
contractor, obviously that speaks for itself. What happens? The
contractor gets suspended; no more projects can go forward. ~
And then, thirdly, termination, right? So termination do ~
occur. In Collier County, we have nine contractors that ha\pf!llllllllli;.1'P en
removed and --or inactive from the program. So it doe _L-""'v...,.en, and
we do take that through from a very regular process. ,......~o monitor
this on a detail basis with a team that looks at cont·-----........ compliance.
I'm going to tum this over to Kate W esn o
MS. WESNER: Good afternoon, Chairm ,
Kate Wesner, Y grene Florida.
I've lived in Florida since l 995~ ~-.,-w,,1-high school in
Broward County just across the E 'X..~ s at Marjory Stoneman
Douglas High School. ~ \.>'
So I wanted to provide y::i..i..._._..,.., omparison of the PACE program
versus other types of len · . t to speak to some of your questions
earlier about our finance men ts, I did bring copies of that for all
of you commissio ers i al of the languages that we provide them.
So I'll leave a ca for each of you before we go. Okay? Okay.
o t PACE assessment, a typical PACE assessment
unsecured home loan $20,000. You see where this
ome mortgage, $260,000.
'~)l!liitlillilr t column will show your interest rate so you can
-iw,-..,..-.r,=-ac,ACE is somewhere in the middle. The terms: Your home
m ge is 30 years. PACE assessment could be 20. Your other
types of financing: Five or 10 years.
Now, monthly payment; this is what's important. This is what I
want you to remember.
Your PACE assessment is a monthly payment if you have a
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May 28, 2019
mortgage or you escrow your taxes. So in this example, your PACE
assessment is $169. That is equivalent to some of your cell phone
bills, electric bills, cable bills.
The reason PACE is affordable for many homeowners and why
many property owners choose PACE is because you've got a Ion
time to finance it, right, makes your payment smaller, more '(>
affordable on a monthly basis. That is why PACE works£ many
property owners in Collier County. 0
And so over time, as you could see your home ~~·:!---ge, you
paid $15,000. At the end of the year, your PACE ~.~ment, $2,000.
To put it in perspective: If you all took
schedule for your home mortgage now and sa years from now or
just 15 years from now how much money u're paying in interest for
your mortgage, it would shock you.. ...... ... ~--· k that's what's
happened to a lot of property own ~
When they borrow money, th ok at the bottom line and then
they think, ooh, did I really w t do that?
And, look, we're an i his is a voluntary program. It
works for a lot of people. 've got some great testimonials that
you'll see in another sli~. e just want this to continue to be an
option for those _,.,,..,,.erty owners who value the PACE program.
Okay. r 's s e stats, okay, customers. Some of the stats for
Y grene: T. age --so as you could see where these dots are,
these are your customers are in Collier County. So they're
spre a ross the county, all different --the coast and inland
a~~
~e average PACE assessment with Ygrene is 19,000. Low
end, 2,500; high end, 97-. Now, the average is 19-, and that's what I
showed you on the previous slide, right? So your annual PACE
assessment is about $2,000 a year, a little over a hundred dollars a
month, approximately.
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May 28, 2019
Your post-assessment, your post PACE LTV, 62.6. So that is
showing you property owners are not over-leveraging their
properties. Typically --
CHAIRMAN McDANIEL: Everybody in this room knows
what LTV is. ~
MS. WESNER: Okay. Yeah, that's right. You've got f::::..1'0-
short-term rentals next.
CHAIRMAN McDANIEL: No. Yeah, so say wh~\ stands
for . ~
MS. WESNER: Oh, loan to value, apologies ; so however
much you borrow compared to how much the ~ f our property
would be it if you sold it today. 1►, '.
1 And the PACE LTV percentage me wh'.at the PACE portion
is compared to your total loan to va ue o ng 6 percent is under
double digits, and I think that's im '~-•r -to note. Most mortgages
are going to be quite a bit higher _.L -..J .... ..., So you can get mortgages
with the VA up to 100 percen st conventional mortgages,
20 percent. PACE is 6 R
And the law states tli' ou can borrow up to 20 percent of your
assessed value in t e st~e of Florida. So if property owners are only
using 6 percent, 're, by no means, over-leveraging or going above
what is allow n law.
And the right you'll see some stats for the Habitat for
, and those are a lot smaller in proportion.
ur net promoter score we wanted to show you. This
s nrrr,-the customer service --I'm sorry --customer satisfaction
su s from property owners, and this is across Y grene, not just
Collier County specifically, but that includes property owners who
are dissatisfied and satisfied. So it is the net of that. And USAA is
the number one customer satisfaction lending institution, and Y grene
falls right behind that. I think that will speak volumes to our service
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May 28, 2019
in Florida.
Okay. And here's some testimonials. At the top it says, Y grene
is very needed. I'm a widow and on a fixed income. So for many
property owners, they may not have that ability to walk into a bank or
may not have access to credit, necessarily, and Y grene may be o of
their options to use, and so this helped that widow there. '(>
The next one says outstanding customer service. Ve ,...-....::i,"'py
with the way the project has been handled. So glad we e able to
get a new air-conditioner. Everyone from Y grene w ..,_.,.,.,..,..,._fessional ,
on and on and on. Now, these were just from Col· unty. And I
think when I was here last time I told you I h O meowners that
were happy homeowners who did customer sa · £ ctlon surveys with
Y grene post the project, after everything done, and that's where
they tell us if they would recomme d -•-tc ....... , if they would use us,
if they would recommend the cont ,._,..,,___. e do a thorough customer
satisfaction survey with them to fi t where deficiencies are and
where we can improve. ~
Okay. Let my colle nish.
MR. LEMYRE: Yea So thank you, Kate and Ben.
So just to kin of ~ap it up, again, appreciate all of the time
that you've give here. On the lower right is the, kind of,
summation o lli County PACE only. So we've talked about --
mostly ab ut t ounty, but we've talked about Y grene's process
overall, we lked about the state level. This is specific to Collier
Cou ~...,.. · ously, the jurisdiction we're in.
, to the directive we received of responding to or the
1ssion --the Board wanting to hear from us regarding specific
allegations that --unsubstantiated allegations made in the past, one of
the things that --and we take this very seriously. We've led the
industry with the policy of providing notice to lender 100 percent of
the time. We've done that from day one going back to the very
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May 28, 2019
beginning of the program.
So on the upper right you see from August of' 1 7 when we were
first approved here through May the volume of notice to lenders
mailed out --mailed in those months coincidental with the
application for financing. It's done in that upfront process as I ~
outlined earlier. '(>
I've highlighted the Habitat for Humanity ones. Agai~---t to
impugn anybody's reputation, but there's been statemen ~~,......e that
we have not sent those. In fact, the chart on the bott.,.,..~ ...... ...,,~t shows
you the date delivered, and these went to 11145 T_..,._._~L..._.. .... i Drive (sic)
in Naples, I believe the headquarters for Habi ey were
done by a third party that transmits them for u a d hey're verified.
So that, again, is verifiable information. ~ln, just to provide the
Board with the details that it had as \e W
CHAIRMAN McDANIEL: ~•~tx ond. Did you have a
question, Commissioner Saunders
COMMISSIONER SA -~--......,.,-Yeah. Just one question for
this gentleman, then one ..,,.. ......... for Ms. Wesner.
You said there were e complaints.
MR. LEMY : ~rrect.
COMMISS ER SAUNDERS: Can you tell us what those
an hat happened with them?
E: Two have been resolved; one is open. The
.._ ..... _ is a complaint that the homeowner had after
,u,a.._-fC .... e completion and the funding but stating that the project
c pleted to their satisfaction. I don't have the specific detail
on cl in terms of what the --why they thought after the fact it
wasn't 100 percent completed but, certainly, I can provide that. But
there's one open one, and two have been resolved.
COMMISSIONER SAUNDERS: When you say "resolved,"
what does that mean?
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May 28, 2019
MR. LEMYRE: Well, it depends on the situation, but the
either --typically, the majority of the complaints that we receive
revolve around workmanship. If anyone has done a
home-improvement project, whether warranted or unwarranted, {ou
have an issue with some form of completion. It could be the ,.,_~
installation of the HV AC unit or the roof itself, or it could b~ {~
"finish it" item such as painting the facing board or reattac ~tt'e
gutter properly. 0
So we receive the whole range of complaints, in · g the
financing, but they're by and large related to the w ~ .. ~r.:!nship. And
we use --again, this is another advantage of h · n E in the
community. We use the leverage we have ove tlie contractors who
like offering their customers this option, r· t, and have --and it's a
right, not --it's an --it's a choice, b t t t have a right, the
contractors, to participate in this. ve to meet the rules. So we
use that leverage to force them to s ntially, resolve it to the
homeowners' satisfaction if t nt to continue --the contractor
wants to continue in the --"II~.,';'...,........, and so that's typically what occurs.
The specifics of those thr e'll provide you.
I just want to ay ~ provide this information or a high level of
detail routinely taff in all the said jurisdictions. We're happy to
follow up wit af nd provide more detailed reports. We do that
upon requ t, a: there are a number of jurisdictions where we do
sively than others. So this needn't be --I mean, I'm
~lilllllfl-'py, and my team is perfectly happy, to respond on the
ny and all questions the Board has. We're fully
tra~..._....,...,.rent, but we're also happy to do this on an ongoing basis,
provide these details in a manner where it's more conducive to dig
into specifics and resolve specific issues or address them. That
occurs all the time.
Again, the summary of this --so, I'm sorry. The number was
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May 28, 2019
410. I quoted 401 earlier. But 407 customers who have not
complained who are presumably satisfied who signed off on their
financing and just three complaints. That's the bottom line, sir.
COMMISSIONER SAUNDERS: And a quick question for
Ms. Wesner. ~
I'm a little concerned about how you may have handled '(>
contacting all of us. Obviously, all five of us have an equal e
here. And Mrs. Taylor indicated that she was not given
opportunity to listen to those tapes. She indicated th guys
knew where the swing vote was which, quite fran ind to be a
little bit offensive, but that's another story, be s ays have an
open mind to how I'm going to vote on an issu .
The question is: Did you offer all fi f us the opportunity to
listen to these tapes? And if you ha r e ,-~~----I need you to make
that off er. But first of all --~
MS. WESNER: Yes, Com s ner, we did request meetings
with all the commissioners. ~ ... "1111,. ek was the first time
Commissioner Taylor af ---s an opportunity to meet with her.
We did ask her, what did want to hear from us, and she just said
be prepared to answer t)e accusations.
COMMISS ER TAYLOR: No, ma'am. I said you need to
a ·on against you one by one.
R: Yes, ma'am.
IONER TAYLOR: That's what I said.
"'-"'lllit:.--'JY .L-ISNER: So other commissioners had asked for more
formation, so we did provide, but I would be happy to sit
ith Commissioner Taylor as well as Commissioner Fiala if
she' like to meet with us and to listen to those calls. I'd be happy to
do that.
COMMISSIONER SAUNDERS: So you are offering and have
offered --
Page 133
May 28, 2019
MS. WESNER: Every time we've been here I've asked to meet
with the commissioners, and I met with Commissioner Fiala once and
Commissioner Taylor only once last week, so yes .
COMMISSIONER SAUNDERS: I just want to make sure
everybody has an actual opportunity to listen to --~
MS. WESNER: Absolutely. I'm happy to do that again. '(>
I'd like to make one correction for the record. Last ti"YY\4111111,,l was
here, I made a misstatement. If you'll give me a second · t clarify
that. I said that air-conditioners could be financed fo __..._,V'._.. ears, and I
misunderstood. My A/Conly lasted 10 years, so£~:;~ .. -me. But we
have clarified that. According to the U.S. De r--T"llllllll~~ ... i M f Energy,
A/Cs useful life can be up to 20 years. I think a was something
that was said last meeting that we're fina /Cs for 20 years and,
yes, according to the Department of.E eir useful life is 20
years. ~
COMMISSIONER SAUND::;.........__.c.,,·• Thank you.
COMMISSIONER TAY . But, sir (sic), you have a
transcript of those calls. -~--ld have dropped me a transcript.
MS. WESNER: Cou just offer, I could give you --that's not
the call with the prope1lJ owner. That is the questions and the things
we say. I'm hap to give that to you again. I know I've emailed all
comm1ss1one oin back as far as March. So I don't know --staff
has this in orm · n as well. I don't know what's been reviewed, but I
will be hap drop that off to you today.
~-..,•..a...a.SSIONER TAYLOR: Thank you.
MISSIONER SAUNDERS: And I do not have a copy of a
C lpt.
CHAIRMAN McDANIEL: It's just the questions. They've sent
us the copy of their standard questions when they do the welcome
call.
COMMISSIONER TAYLOR: Correct.
Page 134
May 28, 2019
CHAIRMAN McDANIEL: They've sent those to us. That's
what we have a copy of.
COMMISSIONER TAYLOR: Not the answers, okay.
CHAIRMAN McDANIEL: No.
MR. LEMYRE: The actual --the transcripts of the calls w1
the responses from the homeowner --in fact, I have the two h
confirm all the calls to the two property owners that spoke
meeting. They do contain personal identifiable informa ·
they're marked as such. They would have to be reda some
extent before distributing them in print, which we ~-~, do between
legal counsels. I wanted to understand what t
make sure we comply specifically.
CHAIRMAN McDANIEL: Talking
So with that, thank you. • A,
MR. LEMYRE: Thank you. ~~,
CHAIRMAN McDANIEL: e good.
MR. MILLER: Mr. Cha· a , we have nine registered speakers
for this item. Your first -......... -,.._~ .. ~ind the speakers, you can use both
podiums. I will call two s kers' names. If the second speakers
could be standing b . /
Your first s ker is John Hamey. He will be followed by Mike
Schumann.
MR. A Y: I'd like to cede my time to Elena Mola.
MR. •r ......... ~-r-,R: Okay. Mr. Schumann will be followed by Lisa
SCHUMANN: Commissioners, my name is Mike
ann. I have been involved in this PACE stuff for almost 10
years now.
And this is a very hard act to follow. I think what you just
witnessed is the kind of misleading presentations that many
homeowners in this county have been subjected to. And I'd like to go
Page 135
May 28, 2019
through it, but it's kind of difficult to go through this without,
essentially, doing a cross-examination.
I don't know whether you would permit me to ask the presenters
some detailed questions so we can really flesh out how misleading
some of the statements that we've heard today are. ~
COMMISSIONER TAYLOR: Mr. Schumann, ask me tk~
questions, and I would be glad to ask the providers. ~
MR. SCHUMANN: Okay. Let's start with the las.~~ that
came up that talked about welcome letters, okay.
So my question is, is the welcome --not the v.--.v,,uL.L.Le letter but
the notice to lender. Is the notice to lender th...._-.!c.e
slide, is that the notice to lender that the state s te requires?
CHAIRMAN McDANIEL: And yo ext question?
COMMISSIONER SOLIS: W;ll ~ ... .I.J!c.~we need to do these
one at a time, because I've got a 1 stions.
CHAIRMAN McDANIEL: e e not going through this. This
is not a judge and jury. You ree minutes to ask your
questions, sir.
MR. SCHUMANN: 11, the reality is, depending on what the
answer to this question · , t en there's followup questions specifically
with that slide, there's also a lot of other issues that they talked
about.
Okay for instance, the way they talk about loan to value,
okay. The . ., ....... .....,p talking about loan to value in terms of how much
their om pared to the value of the property. The way a
nker talks about loan to value is how much the total loan is
quity that the homeowner has in the property, all right.
And that's the fundamental problem with this program is you
can have a homeowner that basically has, essentially, no equity, and
under this program, they can basically --you can still borrow
20 percent of the value of the home and be way underwater when
Page 136
May 28, 2019
you're done, and that's why this program is such a magnet for the
kind of bad actors that we've been seeing, because you don't have to
worry about whether or not a consumer actually is creditworthy.
You know, in fact, they don't make any --they talk about
underwriting. What kind of underwriting are we talking about?'
They're not even bothering to look at income. They're not loo ~ 'lt ,
you know, the outstanding loan balances that these custom .............. ~ave,
there's no underwriting going on here at all. They're jus cally
going through the basic criteria to see if the loan mee ~~~::~ standard
required by the state statute, and even in that case ~~
we've looked at violate the state statute. ~
But I would like to follow up on this noti ~ to lender, because I
think that there's some big questions ther e(l,. 1.erms of what that slide
is all about. • .. ~ ~
CHAIRMAN McDANIEL: ~~u, Michael.
MR. MILLER: Your nextR~ r is Lisa Lefkow. She'll be
followed by Elena Mola. ~~
MS. LEFKOW: G ~~~Qt,Jmoon, Commissioners. Lisa Lefkow,
Habitat for Humanity.
As we've identifie to ay, Habitat homeowners are a very small
portion of the n er of homeowners that have been impacted by
PACE loans.
nd to individual issues here. The notice to lender, I
had a conv ,.. _ _..._on with Mr. Lemyre just after the March meeting and
the ei:~~_.,..,.,rticle in the newspaper. When he reached out to me at
t ~....,,.,. he identified that Habitat was not being noticed because we
we ot a part of their national lender database. They have since
corrected that.
He also patiently listened to the experiences of our Habitat
homeowners and identified that there were, indeed, issues with
contractor controls which he promised to address. So I appreciate all
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May 28, 2019
ofthat.
I think there are so many issues here, the timing of notice of
commencements, the timings of financing approval letters, the
self-reported income verification. Even the confirmation calls, these
are not conducted in homeowners' native language. And so if yo ' e
a non-English speaker, these conversations are not well un~ ,
and many of our homeowners have reported having been c ea on
what to say on those confirmation calls in order to be a Qed for
financing.
So as you heard from several folks last week _d_._, ve heard --
last month and you have heard in the past, the r
You only have to Google PACE financing to s e
articles and lawsuits and questions and co ems being raised by this
program. A,
So my question to you today • ~~s the third time now that
we're spending valuable County C :!!~~ission time to address this
issue --why are we sitting wi o ething that is so mired in
controversy and allowina.A'll•r • nerable homeowners to be taken
advantage of? Indeed, no ery one, not every one. But there are
too many instances. In any of our own cases --again, small
number, Habitat-1..._._1,.--■.--■.ilies --I've asked, have you issued a complaint,
these that ha~ one s? They have no idea how to do that.
If yo 'd h me to coach them through that, I'll be happy to, and
then you'll your complaints.
___ .1111111" • s the issue. Friends, let's just be done with this. This is
ropriate program for us. It is being examined on a federal
here are way too many questions.
Mr. Lemyre again identified that in 10 years he hasn't
understood the entire program and, yet, we're asking naive and
unsophisticated, sometimes uneducated homeowners to buy into a
very complex and complicated program with a simple signature on an
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May 28, 2019
iPad. Let's stop.
MR. MILLER: Your next speaker is Elena Mola. She has been
ceded additional time from John Hamey. Can you raise your hand to
indicate you're here, sir?
(Raises hand.) ~
MR. MILLER: Jury Paulson? -v
(Raises hand.)
0
4
MR. MILLER: Peter Greenberg?
(Raises hand.) ~-<;
MR. MILLER: Bill Shade? ~ ~
(Raises hand.) ~ ~
MR. MILLER: And, Edward Hubbard? ► ,
(Raises hand.)
MR. MILLER: That is a total ~f .... ~....,.-.11 tes. She will be
followed by Flori Gutierrez. ~
MS. GUTIERREZ: I cede t e.
MR. MILLER: Oh, you'._~-..,~:LLing your time as well. That will
be a total of 18 (sic) min
MS. MOLA: Thank very much. And I certainly appreciate
you undertaking th· s bi f due diligence on this program because, as
you can see, it a ts a significant number of Collier County
homeowners.
And am , and I want to clarify this, the person who should
out Collier County homeowners. That job is yours.
~..,, .. ....,t, I would also like to say that I appreciate the
· on that Y grene made, but I did not hear them at all address
ct allegations that I made in the last meeting and the numbers.
None of them were addressed.
With that, I want to clarify a couple of things . Only
municipalities and counties in three states, Florida, Calif omia, and
Missouri, have actually authorized PACE programs for residential
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May 28, 2019
properties. In Florida, only 31 or 33 of the 67 counties have
deployed residential PACE programs.
The acceptance of residential PACE programs has been
controversial and its general deployment delayed for many reasons in
many states.
In Missouri, the other state besides California and Florid~~ re
the residential program is in --has been deployed, Missouri~ator
Tom Cotton has stated that residential PACE loans are --=:=..;r--and
called for the protection of homeowners from PACE Jllit'~~.
energy lenders who are changing state and local 1 trick seniors
into taking out high-interest-rate loans for up ~ as along with
liens on their homes. \ '
In April of 2017, Senator Cotton, al with our senator, Marco
Rubio, along with Arkansas Senato~J '-af_..,,,.,..&..,'.~zman, and
representatives from California in c Protecting Americans
from Credit Exploitation PACE A . pecifically, the bill required
disclosures that in Senator Co. __ ._. ords, would reduce the
advantage the PACE loa ..,.._l..c...., ave over hardworking Americans.
By requiring Truth I nding Act disclosures for anyone
attempting to market P ~ loans and instruct that the Consumer
Financial Protec · Bureau to implement regulation to strengthen
protections fr ho eowners.
Cong ess sed what is now known as the Economic Growth
Regulatory · ef and Consumer Protection Act of 2018 that
~...,...., Truth In Lending Act to require the applicability of
TT,_ __ a 'lity to repay standards, to PACE loans.
milady, in California where the largest PACE administrator's
doing business in Collier County, Y grene Fund, and Renew Financial
headquarters, PACE-related program abuses were so rampant that
homeowners, political representatives, a myriad of consumer and
senior advocacy groups as well as the California Association of
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May 28, 2019
County Treasurers and Tax Collectors advocated for either the
termination of the PACE program for residential homeowners or the
enactment of strong state legislation to increase consumer
protections.
In Los Angeles --oh, no. Even with the 2017 amendment
California PACE statute to include additional consumer prote ·
number of California cities and counties terminated or are i~'""
process of reviewing their residential PACE programs.
primarily due to the alleged continued deceptive and '"'"~,_. ..... ,_
practices and predatory lending on the part of PA tractors and
providers that specifically target the elderly, speaking,
and disadvantaged communities.
Additionally, there is now concern o the disruption in local
real estate markets resulting from a i u faults, the inability of
homeowners to refinance or sell t ·~lr ..,.,.,.erties, homeowners being
forced to use equity in their horn y off the PACE lien before
selling, and homeowners --a o e sellers deceiving or defrauding
cash purchasers by failin ose PACE liens.
Examples of Califo ounties and cities that terminated the
PACE residential rog~ are Kern County where as of June 30,
2017, 42 borro~ were in danger of losing their homes. In
Bakersfield, · fo · a, the ninth largest city in California,
California' Ta ollectors, all of whom, again, either opposed the
deploymen ACE residential programs or requested stronger
tections, said that they are now left with the unpleasant
ing to confront homeowners, collect penalties and interest
in lted tax assessment, and undertake the tax sales of their
homes.
Riverside County, where 227 PACE borrowers were in default
as of August 2017, Tax Collector Christensen stated, for us to be the
heavy hand and make borrowers go through the tax sale process is
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May 28, 2019
onerous on us. In Los Angeles, where just one PACE contractor
appears to have defrauded hundreds of homeowners now at risk of
losing their homes, the city's attorney stated that --stated that
would --would be --that that would be among the most devastating
scams that he could recall in his career and has now filed a lawsu
asking for civil penalties and restitution for homeowners, incl,4"-..... 11~ .... -J.,..,
the PACE loans obtained through what he, quote, called un ·
unlawful, or fraudulent practices, that those be canceled _ .... cl,'"'" that
was filed in April of 2019, okay. Look at the LA Ti nn ril 4th,
2019. ,~
An analysis by the Wall Street Journal o x a in 40 counties
in California showed that PACE loan default, 1 ., orrowers that
have missed two consecutive payments, jumped approximately
450 percent from 245 to approximat el orrowers from 2016
through June 30th of 2017. ~
And past-due PACE loans i e ed by over 711 percent from
approximately 527,000 in 201 ugh 2016, to 3.7 million through
August of 201 7.
Since the aforementi d PACE default rates apparently do not
capture borrowers who ~ missed payments are covered by mortgage
escrow account ch could even be higher. Such unpaid tax
assessment b a ce ccrue penalties and significant additional
interest, kin · even harder for homeowners to pay off their
~l'lllldl)", ...... tly, as a result of California's strength in homeowner
s, there was a significant drop in the business of the PACE
. Consequently, they are now quickly attempting to make up
rop in their California loan portfolios through a concerted effort
in Florida where consumer and homeowner protection laws and
regulations are weak or, as one former Y grene employee put it,
unsuspecting customers still reside and PACE laws are lax.
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May 28, 2019
In 2018, Renew Financial confirmed that its California
residential PACE volume had dropped by 42 percent in the first
quarter compared to the same period in 201 7 and that, overall,
California residential PACE applications had dropped by 49 percent
by the end of the second quarter of 2018. Similarly, it appears t
Y grene is betting its continued viability on Florida. '(>
At its most recent bond transactions --as its most rece---.n.nd
transactions show, that 70 percent are secured by Florid
properties and 30 percent by properties in California. se me.
The overwhelming majority of financing agr~~~~·ts filed in
Collier County, PACE finance agreement, are a homes
located in Golden Gate City, Golden Gate Esta es, Immokalee, and a
dozen or so concentrated in Naples Mano ction of East Naples
with no more than a handful dispersf d :.~.;, ... ~ each of Commissioner
Solis and Taylor's District 2 and 4. ~
The great majority of Y gre e a e-improvement projects and
related financing in Collier C 1 ere marketed, originated by, and
related to home-improve~....,. ojects undertaken by non-Collier
County companies who a r were authorized and certified by PACE
administrators as P C~ontractors. These PACE contractors come,
some more noto · s than others, traveled from as far as Tampa,
Brandon, an derdale in some cases allegedly bringing crews
as far awa as..._~, ........ Tennessee to undertaken PACE
home-impr ent projects in Collier County.
~lllild,l""'ally, the following companies were the ones who
the majority of those projects: Bruno Air-Conditioning
an no Total Home, Florida Home Improvement Associates,
Summitwood Works, Energy Renovations, basically the same
company, and U.S. Solar in Brandon.
It should be noted that except for two all of the 129 notice of
commencements filed by U.S. Solar for the installation of solar
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May 28, 2019
panels are for homes concentrated in two of the most disadvantaged
neighborhoods in Collier County: Golden Gate City and the Naples
Manor section of East Naples.
Moreover, 119 of the 129 notice of commencements recorded by
U.S. Solar are associated with Hispanic and Haitian homeowner~
Two of the aforementioned four approved PACE contraq:~;
and/or their owners are or have been the subject of investi ~ y
law enforcements, have been forced to cease all PACE-t d
operations, have been dissolved, and are currently th
significant number of consumer complaints.
In addition to the apparent targeting of ti-"1"111111111:;_i
and working-class neighborhoods of Collier C y y PACE
contractors, an analysis of over 124 to 15 omes with Y grene/Green
Corridor 2018 assessments shows --. a ... -'"" ..... .---t going to repeat that.
I said that last week --show an av ~~~11( crease in property taxes due
to the PACE assessment of over ercent, which range from as
low as 37 to a high of2,327 P. increase.
It showed also that ~~~!lage loan to fair market value ratio
was approximately 16 per t with some over 26, 29, 37, 39 percent.
Again, I have all t e nu bers. I've checked all the numbers. I did
not see them res d to any of this in their presentation.
With les t an months of operating in Collier County, just
one green ert1 PACE contractor and one of the contractor's
material su-.......... --rs have recorded at least 16 claims of liens on Collier
Cou · ential properties, at least one lis pen dens foreclosure
inst Collier County homeowner wherein the PACE
tor is also a named defendant.
The aforementioned findings cannot be ignored, and it appears
that the most significant and egregious impact from PACE
assessments, a fear have fallen on the elderly, widowed, and/or
disabled living on pensions or fixed incomes, as well as homeowners
Page 144
May 28, 2019
concentrated in low-income neighborhoods.
Given the seniors, widows, and widowers, and those with
military service-related disabilities or qualified --or other identified
disability have traditionally been granted certain property tax
exemptions from Collier County. The impact of a PACE assess t
renders many of them immediately unable to pay the PACE '7\J
assessment unless they have significant changes or sacrific t ~eir
quality of life or have the ability to refinance their horn 0
For example, the property taxes of a senior vete ith a
service-related disability increased by over $3,960 __,.~ear, ns1ng
from a little over 210 to $4,177 per year. ~
I have here every single PACE lien finan ·n , t e increase in
their property taxes. I also have where th al the liens, claims of
liens, the foreclosures. I have everyJ h · ..,_..-LJ/lcl. And I did go, by the
way, to --and inform some of the · ssioners, I think all of the
Commissioners, that I had done t r earch, and they were more
than welcome to call me and,~~ o nately, only two did.
Continuing . Sorry. V
Okay. So in the --in case --another disabled veteran was
impacted by a PACE a ~ssment that resulted in an over
2,300 percent in ase in his property taxes, rising from a little over
210 to over$ 5 r year.
Then her the example of the Habitat for Humanity
ose property taxes increased from a little over $720
,135 per year. Many less --but no less --many less
e t no less egregious examples of PACE increases can be
hrough Collier County. In fact, there appears to be a direct
inverse correlation among the homes with lowest assessed tax values
with the highest percentage property tax increases resulting from the
PACE assessments.
Excuse me. I'm rushing because, obviously, I don't have much
Page 145
May 28, 2019
time.
Examples of instances where the 20 percent limitation has been
exceeded and should there be scrutinized for, A, consent of
loanholders if applicable or, B, is supported by an energy audit, are
set forth in this spreadsheet which, again, you're all welcome to.~
If any thereof are supported, and I --hold on. Are set fo
the spreadsheet that I just mentioned, if any thereof are su..,,..__,..e by
either, A, the consent of the holders or loan servicers of ________..,-_ortgage
encumbering or otherwise secured by the property or energy
audit such must be determined; there is no record _,.,,_Ul f recorded in
the Collier County records. ~
Moreover, in the case of the requisite eneJY:auclit, a
determination should be made as to who ertook the energy audit
on which the homeowner should re ~so ve been expected to
rely. Was it the certified PACE c t r that undertook the home
improvement who was expected t 11 ertake the energy audit and
disclose the associated energ~-"--~',v r cost savings to the homeowner?
Alternatively, was it a ce · ~._.__._dependent energy auditor who
undertook the audit and m such disclosure to the homeowner?
Furthermore, nde any of those scenarios, did the PACE
provider lender 'fy and/or confirm --you know what, guys? I'm
n~t going to 9('§ltti here rushing through this when I only have two
minutes. ..._""
I will ~.,......-ou once again, if you want my information, you can
have · ~__,,J,_.__._k that all of you who are making decisions for Collier
C ould have undertaken significant and in-depth due
e ce on this program before basically deploying it in Collier
County.
I don't know how many people need to come up and say that
they were deceived, misrepresented, or defrauded. I don't know if
Y grene is going to stand up and say, hey, when I'm talking about all
Page 146
May 28, 2019
of these Summitwood projects, notice of commencements, they were
procured through fraudulent notices of commencements where their
signatures are forged --and I can go on and on, but everything is in
here, okay? And I stand by everything that I said, and I stand b:x all
my research. ~
And all I'm going to ask is if Y grene really believes that · a
great program, that it has vetted, authorized, and certified c
to work and act as their agents here in Collier County, a
going to stand and be responsible by doing away wit 1nancing
in those cases of those contractors who obviously .... ,~ ed through
some sort of deception, misrepresentation, or
Thank you.
CHAIRMAN McDANIEL: Questio or er?
COMMISSIONER TAYLOR:. Y . Mola, you brought
forth some statements at our last ·
MS. MOLA: Yes.
COMMISSIONER TAYJ.~ . Allegations of--
MS. MOLA: Yes. U
COMMISSIONER LOR: Did you ask anyone --did you
give it to anyone i the ~ovemment to verify?
MS. MOL bsolutely.
COMM R TAYLOR: Whodidyougiveitto?
MS. 0 · I gave it to the Clerk of the Court, all of my
research I it to the State Attorney, and so they have it, and I
also ~IIIIV"o staff.
MISSIONER TAYLOR: Ms. Kinzel, have you had an
nity to review the work that Ms. Mola did?
CLERK KINZEL: Yes, Commissioner. We are in the process
of looking at the schedules that she provided.
For the preliminary work that we've done, we've been able to
validate her spreadsheets on the ratios and the mortgages and the
Page 147
May 28, 2019
amounts, but we have not spoken specifically to clients. We've not
done that legwork at this point.
COMMISSIONER TAYLOR: Okay. In your opinion --and
this is not opinion --but from what you reviewed, is there enough to
substantiate questions on the program within Collier County bas on
what you've reviewed? ']>
CLERK KINZEL: Yes. I mean, the Clerk of Courts a he
Tax Collector brought forward to the Board --and I do ' _ ... .._,._ ... k all of
you were even on that board, previously, before this
implemented, and we had grave concerns, becaus ~ .. ~ra
happening in California. That was as early as · e,
was before any of this happened.
When this arose in your commission eetlng, I went back and
pulled out my old notebook of info qn · is set up --
unfortunately, it seems to have cau-~.1.1'-'se problems in almost every
community for residential.
So I can't say that we ha o pleted an audit. I can't say that
we have vetted every on accusations or information,
whatever, but we have do sampling of the vetting of
loan-to-value rat~· o , th e Kinds of things, that would substantiate her
spreadsheets.
COMM O R TAYLOR: Thank you.
MS. 0 · Thank you.
MR. ..,,_._,._,a....,,._,R: Mr. Chairman, that was your final registered
~..,.".._ ... at item.
IRMAN McDANIEL: Very good. Thank you, Troy.
ommissioner Taylor.
COMMISSIONER TAYLOR: At this point --and I'd like to
reserve the opportunity to speak again . On April 24th, 2017, a letter
was written to the Honorable Brad Sherman at the U.S. House of
Representatives and the Honorable Edward Royce of the U.S. House
Page 148
May 28, 2019
of Representatives, and it was signed by folks that basically said, the
undersigned trade associations representing, collectively, real estate
professionals, home builders, and mortgage lenders and services --
servicers, write today to express strong support for your recentlY.
introduced legislation, which is HR 1958, Protecting Americans m
Credit Entanglements Act of 2017. ,, '\ '(>
And it goes on to say, while energy efficient home ~
improvements can be beneficial for homeowners, we ha
concerns with the Property Assessed Clean Energy, R---~, program
construct. Residential consumer-protection requir s, HR --I'm
sorry --residential PACE loans are, in substa gaged
financing and should be subject to federal con
requirements.
It is my understanding they're u ot give you the --I will
read the associations that wrote th· l --I have this as a copy if
anybody wants it --the America a ers Association, the American
Land Title Association, the A!:!:.~~.uual Institute, the Arkansas Land
Title Association, the Ca · · Association of Realtors, and the
California Bankers Assoc · n, the California Credit Union League,
the California Land Titl, Association, the California Mortgage
Bankers Associ ~ ... ,.r.a-... , the Connecticut Mortgage Bankers Association,
the Credit U · N · onal Association, the Florida Land Title
Associatio tH ousing Policy Council of Financial Services
Roundtabl Independent Community Bankers of America, the
r d Title Association, the Montana Land Title
· · n, the Mortgage Bankers Association, the Mortgage
... ,_._ . .,, ... s Association of Arkansas and of Florida and of Missouri, the
National Association of Federally Insured Credit Unions, the
National Association of Hispanic Real Estate Professionals, the
National Association of Homebuilders, the National Association of
Real Estate Brokers, the National Association of Realtors, the New
Page 149
May 28, 2019
England Land Title Association, the Real Estate Service Providers
Council, and the Reality Alliance. Obviously, these loans are not
secured by federal consumer protections.
And so at this point I'd ask --I'd like to ask Mr. Lemyre, if I
may--I'd like him to answer two questions. Does the notice to ~
lenders follow state statutes in its requirements? ,, '\ '(>
MR. LEMYRE: Yes . ~
COMMISSIONER TAYLOR: Okay. And do yo11 ,aQss the
creditworthiness of the people that you interview? ~ '--
MR. LEMYRE: Yes. '~
COMMISSIONER TAYLOR: So your i-_is e made as a
bank would be made on the total loan to the eq 1t in the house?
MR. LEMYRE: I don't know if I ca haracterize it the same
way. Different banks make it differGn ,.,."': .. -~rent loans in different
manners. So what --I mean, are · ng what data we --
COMMISSIONER TA YLO · ow do you assess the
creditworthiness of the perso · s taking out the loan?
MR. LEMYRE: Cr · iness , different from loan to value.
Creditworthiness, their hi of paying their mortgage, their
property taxes, the lack f involuntary liens over $1,000, et cetera.
Like, basically, ·r payment performance associated with the
property. So e ts the property or absence of liens.
We a o 1 at the loan to value prior to PACE that is
associated the property. So --and that could be either based on
just ~~ fair-market value. There are caps on the percentage of
of those.
we look at the outstanding debt of the property, a first
mo gage, a second mortgage, for example, versus its market value to
determine a pre-PACE loan to value .
We calculate the amount of PACE financing being requested as
a percentage of the same underlying value, and that is the estimated --
Page 150
May 28, 2019
like, 6 percent on average that you saw before, and then we add the
two together to get the combined LTV or CL TV which would be all
prior --all property-related debt prior to the PACE plus the PACE to
come up with the result. In one, I believe, the average of 68 or 66 --
whatever the slides that we submitted. You know, I'll stipulate ~
that. ~
And then we also collect income and debt data or use · t
bureau as a third-party data and modeling on those asp tz~ t
determine creditworthiness. ~~
COMMISSIONER TAYLOR: So my final . n to you.
You made the statement that it has taken me O ears to
understand PACE. Why do you think that you a --one of your
contractors can knock on the door of som e and understand what
they're getting into if it's taken you O r?
MR. LEMYRE: The contra ·-·T,-e to --a contractor's role in
this is to introduce the product as tion and the basic
characteristics of it and how i u be used should the homeowner
choose that option over ~~a;., ...... "--'ption.
I have to understand policy, the statutory requirements, the
law, essentially, and unjerstand and work with the, you know, over
620 cities and c ties across the state that Y grene partners with, and
there's more a 7 across the country that the entire industry
engages w · th a understand those policy and statutory requirements
as well as t quirements and positions of the various PACE boards
and ~t ~.,,
s far more complex to actually operate the program,
re nt the program, and interact at a local, state, and federal level
than it is for a contractor to represent it just as if it --and the same
would go for different staff either at the city or county level or within
Y grene or any PACE administrator in terms of their scope of
authority. I was merely representing the amount of time that I have
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May 28, 2019
invested in PACE and where my knowledge and expertise and
answers that I submitted to the Board come from as opposed to
someone who has little or no, you know, interaction with PACE or is
on the periphery, not just contractors, but others that have made
statements to the fact. So that --that's the difference. ~
Now, there was a comment or question made before abo ~
whether we answered all of the questions. I think we've an Ql"l!ti,,j;;\.recl
every question that was put before us by the Board. Ho
at a difficult position --
COMMISSIONER TAYLOR: I asked a repr·~~~Ya tive to
respond to the allegations one by one, not giv 11 agues
opportunity to listen to calls made to customer . 's one by one; I
said that's what I'd like.
MR. LEMYRE: Well, we nev,r -----""-"1 any specific detail --
COMMISSIONER TA YLO ................. e's transcripts.
MR. LEMYRE: Yeah, but -..&,_.L_ .. ., --yeah, I mean, those
transcript don't include --and_____ rry, I don't want to be
argumentative , but I sub · ..,..~gh , that the transcripts do not
include the spreadsheets o e copies of the liens or the records.
COMMISSIONE TAYLOR: All public records.
MR. LEM : Well, we have our records, too, that are also
part of public e or . So what --how this process often typically
plays out d i productive manner is that we sit down with staff or
those desig by staff or a party who is representing in the
· ~ll!ilit::,.....,l capacity or otherwise, the homeowner and we
-iw,-"-.-r""-he data.
I have --Y grene has in its possession, the property --the just
values, the fair market values, the project amounts, and I would
submit that we follow the statute and the program policies in every
one of those cases.
And if somebody else has other information, we would sit down,
Page 152
May 28, 2019
compare that information, compare the sources. Ifwe made an error,
we'll own the error. And ifwe did not make an error, there are at
least four different numbers that people can describe as a value to a
property: Just value, assessed value, appraised value, fair market
value. ~
So there's a lot of misunderstanding. And I'm saying thi ,
not to impugn anybody. There are a lot of variables when ook at
a property and a project, and there's also a point in time. n so we
underwrite at the point in time when the application i;:~~i;~~itted, and
we follow the statutory and the policy guidance at ~"'-'-'-"he state and
local level. ~
And when the CFPW at the federal level ,~es issue its rules, we
will comply with all Federal Rules, butt utcome of the letter and
the process that you described bef or; -..."""~~....,as sage of the Growth
Recovery Act, Senate 2155 that a referred to earlier, and that
has resulted in a rule-making proc s nat is underway. So we
comply with state, local and, ~~-~~~~hey exist, federal laws.
COMMISSIONER _._._.,_,, This isn't state. This is --
MR. LEMYRE: I sa ocal.
COMMISSIONE TAYLOR: I asked your representative to
respond to the a ations one by one. We had very moving and
very --I cons· e ery credible testimony from individuals who
took great isk oming in here and explaining how they feel like
sed, and no one likes that. No one likes that feeling
-~~w,c....,t you've been taken, that you've been made a fool of, but
. . publicly.
R. LEMYRE: Absolutely.
COMMISSIONER TAYLOR: There's also other allegations
in --it's a --she read it word by word. It's available to you. It's not
here before us.
You gave us a lot of slides. You talked around. I made that
Page 153
May 28, 2019
very clear to the representative who came and talked to me this week.
What do you want? I want you to respond to the allegations. I think
that's what my colleague to my left did. He said, I want you to
respond to these allegations. You're going to have another meeting.
MR. LEMYRE: And the --I'm sorry, go ahead.
The two homeowners that made allegations when they ~I\~ n
the record, those were the two confirmed terms calls transc ~ t at I
have with you (sic), and I noted that they do include per ... ~.._
identifiable information that we'll redact and provide
are the contents in the calls that we played for tho know,
members that we met with. ~
So that was --my understanding, that wa:i ne
1
specific
allegations of the homeowners who use P ~E, and that is how we
responded specifically to those --• "'1, ~
COMMISSIONER TA YLO iMfola brought more
challenges to your program that ve not addressed on a very
direct, precise basis. You hav o ddressed those.
MR. LEMYRE: w· ., ...... ,.......... e respect, Ms. Mola has made some
broad allegations, some s · fie, but not submitted the specific files.
As I said, if we ha the preadsheets and files that, you know, she
refers to, I'd be .:;:~~y to go through them in detail. But the --I think
we've addres tho allegations of the notice-to-lender details not
being sub itte We have a notice-to-lender form that has complied
with the st atute from day one, and that has been sent, and I have
~11111a1,,, ... at we didn't send them and we forgot and mistaken, then
~~2!!111&,t-edit.
aid from day one that we have sent it. If we didn't, we'll fix it.
I confirmed that we did, so that was specifically addressed.
The underwriting criteria, you know, allegation was general,
was nonspecific as we heard again today. I said, I don't know how
else to respond other than to say that we comply with all the state
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May 28, 2019
statutes as well as all the local government requirements that are put
on the program. It's a blanket response to those allegations.
So I don't --other than having specific data on specific projects,
again, which, if we can sit down and have that, more than happy to
go through that and verify any discrepancies that may exist. But e
have that. When we see those specifics, then we'll be happy t~•
that. ~
I'm happy to go on. I have the notes from Ms. Mo .._ .... ~"" we have
to fill in any gaps in the information that we supplied-... ,~
happy to do that.
COMMISSIONER TAYLOR: Thank y
CHAIRMAN McDANIEL: Commission
COMMISSIONER FIALA: Just, yo e considered --Y grene is
considered not a lending institution i-,u 1 cing institution, right?
MR. LEMYRE: Yeah. W e'r, ,=-:,,·r Nlll<T ram administrator that
provides financing and administra · o services to local governments.
So, yeah, we're not a bank --e ot a chartered bank or credit
union, if that's what you ..ll[I-...... .., ... "'....,, lending institution.
COMMISSIONER A: Yeah, that's kind of what I mean. I
know in years gon by hen I've wanted a loan or financing for
whatever, I wen an institution and if --then each month they
would send y tle notification or send me something that I paid
every mo if I didn't pay, they would send you a letter and say
you didn't a, da, da, da.
""')lllllllli~ase, it just so happens that we're the collection agency
her than you being your own collection agency, so --we,
g the county, is your collection agency.
So if that doesn't happen and if the county just said you go on
with your business, whatever you want to do, but we don't want any
part of it, we want to step out of that business, and you do your own
collection, how would that work?
Page 155
May 28, 2019
MR. LEMYRE: I think that would be subject to discussion with
the county tax collector. One statement that was made before were
referenced to the objections of county tax collectors in bank, or, you
know, his entire group. We work with --we're authorized in at least
70, 75 counties nationwide. We have collection agreements wit
those collectors to specify the statutory requirements and obli s,
so we understand what everyone's doing. So that would be
process so --for making any changes to that, but also j1lrQ kes the
point that if so many collectors were opposed to PA ~nd I'm not
sure why they entered into agreements with PAC............--.,,... .. r i,aw:-ams to
collect. But that would be the venue, I think, -~ii ana we do work
with the collectors on a regular basis.
COMMISSIONER FIALA: Pardon ?
MR. LEMYRE: And we do cop -.---.r1 e and work with
collectors on a regular basis. ~
COMMISSIONER FIALA: e . I know that our Tax
Collector didn't come before ._i .,iiough he spoke to a few of us
privately and told us of · .... "llll~asure with this but, on the other
hand, he didn't come up i · s format and say to us that he did not
like this format. /
hen you've had problems throughout the United
. I don't know how often except that
of this PACE program, and it comes with some
____ i'-'""is. And I'm sure there are some good, but nobody
~~~ ...... d says, oh, yeah, I really like your program. They only
hat they don't like . I understand that. But if we as a county
1ttle uneasy about being your collection agency and we backed
out, could you still work with the people in the community and do
your own collections?
MR. LEMYRE: I don't know the answer to that with precision,
but we'll research that.
Page 156
May 28, 2019
COMMISSIONER FIALA: Yeah. See, that's something --I
just don't --I don't feel comfortable about being your collection
agency, quite frankly. If you want to run your own business and you
be your own collection agency, maybe that would be a better w ~ to
do it. Then we wouldn't have to take anybody's home or anythi~~
either. ~
MR. LEMYRE: Well, yeah. So it's kind of inherent i ~~E in
the number of communities and then expanded to 175, 0
approximately, across the state, including Collier Co ~,-. They put
out an RFP and wanted to --proactively wanted to --r,,·-..-v,op a PACE
program. We were selected, amongst others, -t"'a.L:,o/h eve loped the
PACE program.
So the --you know, the local govern nts in Florida came to us
as they have gone to other providers_. · dn't create a finance
business. I just want to --I just w t ake it --to make sure that
the order is right here. We didn't e e a private business and then
approach the counties and sa~ we'd like you to collect for us as
opposed to us collecting
The local governmen anted to create a PACE program, and
they selected an ad in~ra or and financer, and because of the nature
of PACE, it's co ted with the taxes, which is precisely why we
provide mulf do ments and communications to homeowners and
email and e u mail, letters, postcards throughout the process, not
just during pproval process, but subsequent to that to ensure that
peop ~llllildi~ ... stand this is different than, as you said, getting a
atement. It's going to be added to your annual tax bill.
MMISSIONER FIALA: So you're saying that you never
thought of coming here. It was our people that brought you here?
MR. LEMYRE: I didn't say Collier County. I said local
government in general. Local government created --and state
government created the PACE program and in the way --in doing so,
Page 157
May 28, 2019
there's a number of unique aspects, one of which is that it's collected
on the property taxes.
But what I'm saying is Y grene's been in the state of Florida since
2011. We have not just entered Florida to make up for some decline
in business elsewhere. I have more employees or about as man~
employees in Florida as I have anywhere else. ~
We're part of the community here. We've been throu~ ~t ~e
state for seven years, going on eight years. U
What I'm saying is that the local governments t~--~-· nted to
create a PACE program did so and then selected n · operators,
whether it's Y grene, whether it's my competit a 1th that
unique aspect of PACE, one of which is the co e ion of the taxes.
So I just --I don't --I just want to be ar the characterization.
We did not approach and say, hey, 'fe',_,,, create this business
where the tax collectors collect fo N at's not the way --
COMMISSIONER FIALA: o said the local governments
reached out to you. ~ ~
MR. LEMYRE: Y . "-I
COMMISSIONER A: Jamie, who in our local
government reached o to them?
MR. LEM : I said not specific to Collier County. I said
when we ent e --
CO I NER FIALA: I heard that, but then you said local
ched out to you, and I'm figuring you're standing in
~~IIW"-'m.
LEMYRE: No. I can provide a list of the local
go ments who initiated the program that we administer here in
Flonda.
COMMISSIONER FIALA: Yeah, I understood that part --
(Simultaneous speakers speaking.)
MR. LEMYRE: That grew to include Collier County, amongst
Page 158
May 28, 2019
175 --
COMMISSIONER FIALA: The people that you solicitated to
rather than us solicitating to you, right? Is that what you're saying? I
mean, we didn't ask you to come here; you asked us.
MR. LEMYRE: I would have to ask my staff who works li in
Florida, like, how Collier County --'(>
COMMISSIONER FIALA: Good. Jamie has the ans
Thank you. ,t 0
MR. FRENCH: Thank you? ~~
COMMISSIONER FIALA: No, I'm talking .-.t-\~'IIK y. I mean,
Commissioner Solis. ~
MR. FRENCH: No. Thank you for putti eon the spot. I
was introduced to --and I hate to mentio ·m, ut Mr. Jones here to
my left, and Bobbie Dusek, and a g ~nt a om Florida Y grene by
Mr. Larry Ray and Rob Stonebu they were soliciting us to
come forward with a PACE item
And I hate to say, ma'am --it was a three-year arduous
process before I even br ....__-~,.. .. - o the Board. But it was not staff. I
had never met the PACE Yiders before, and --but they had
approached us.
MR.LEM
✓
: With those gentlemen that you mentioned,
e I don't believe that they --
H: I think Rafael Perez was probably the first, and
rked together a couple years ago.
YRE: Okay.
FRENCH: But at no time did staff solicit.
MMISSIONER FIALA: Crystal, did you have something to
CLERK KINZEL: I guess it's the credit of having been here
forever. But you were first approached in probably about 2010, I
think, or '11, and Steve Hart, who had been here locally, brought it to
Page 159
May 28, 2019
the Commission the first time. Then there was some legislation, I
think, that precluded it from that period. And I'm going from
memory of what I looked back on my old records. And then
probably about 2014 it came forward again.
But it was brought to the Board to adopt this program and a
it for use in Collier County by either a citizen or a representat · .
think Steve might have been acting in a citizen, you know,.
that's the first recollection that came to here. And that's r---~-
from the very first presentation to the Board.
COMMISSIONER FIALA: Well, personall
uncomfortable about it continuing. I know if e elping a lot of
people and if it weren't so controversial and w ai n t have to be in
the collector's position, I might look at it · erently, but I don't like
being the collecting agency, and I d ~n' · ving to take anybody's
home that didn't pay. ~
And it seems that the only e that you guys approach are
people who are, naturally, fin · y having problems, and they can't
go out and get a loan, as · · the beginning when they presented
to us, they can't get a loan conventional bank, and they can't use a
credit card to buy t in~at ome Depot or whatever, so they need to
use you. And s that's the case, I don't like being the bank, to be
perfectly hon t
MR. E E: The average FICO score, credit score of a
............ .., ... in Florida is 702, so I'm not sure where the
~~--ion from the --people who are unable to get any other
ancing. But the average PACE --
AIRMAN McDANIEL: It's been represented that --
COMMISSIONER FIALA: Okay. It was represented that way,
that's a better way of saying that, yes, and that's what we understood.
We were trying to help people who couldn't get a loan any other way
and then wouldn't be having the security of hurricane preparedness
Page 160
May 28, 2019
wrapped around them. So being that they couldn't get a loan and they
couldn't get it from a Home Depot --because I even asked the
question. Well, let them go down to Home Depot or something and
get it, and they said, no, they can't get credit cards. So that's --I don't
know where 702 came into that --~
MR. LEMYRE: That was an average. There are cert~
homeowners that fall more in the spectrum that you're desc g, and
the other end. Again, it's an option that --and accordin
permitted data in the last 18 months in the county, it'
used a fraction of the time, but for some homeow
know, it's a viable or attractive option.
We do off er the paperwork and the confi e terms calls in
their language of choice. I think we supp at east three languages
including Haitian-Creole, Spanish, <ln~~---
y ou know, so I think it is --i I said, an option, and
there's a range of homeowners w e advantage of it.
COMMISSIONER FIA ell, I'll tell you, we were
discussing bringing this ~ ... r ...-ay and eliminating part of the
program but keeping a pa · place for the businesses who might
want to use this pr gra , and I'm still in favor of that. So I'll make a
motion to appro he agenda item as it was written for us.
COMM O R TAYLOR: I'll second that.
CHA McDANIEL: All right. It's been moved and
e accept staffs recommendations per the agenda. I
have ~~re commissioners to speak.
~ issioner Saunders.
~MMISSIONER SAUNDERS: Before I begin to speak, in
terms of --
CHAIRMAN McDANIEL: And we need to give the court
reporter a break, so ...
COMMISSIONER SAUNDERS: We can't just accept the staff
Page 161
May 28, 2019
recommendation. There's two different ways to go there. So
whatever the motion's ultimately going to be, it's going to have to be
clarified a little bit.
COMMISSIONER FIALA: Okay. Will do.
COMMISSIONER SAUNDERS: One of the attractive thin
about this program was the fact that it was a state-sanctioned
program. Now, having been in the legislature for a number
that doesn't necessarily mean it's a good program just b\41'•"""~
state sanctioned it and it passed a statute to impleme
~
And I'm going to make a statement, and tell _._ ____ , ere this is just
not correct or why it's not correct. We've bee.1.'1111111111!;:'-.l.,,,.. ...... l>Sl'YlF,,.,.. bout loan to
value, ability to pay. And as I've listened to al h s ialogue, because
I said right at the beginning I came to this eetlng with an open mind
in terms of where I might ultimatelY.g ~
But I've got some very signifi _.,,.,~a•-l ~ncems. So you have loan
to value, you have the ability to a . ut the way this program is set
up, it seems to me it doesn't ...... ..lilrl:. .. ·~ y difference because you get a
first-priority lien. So if t.~~~~..., ouse that's worth $200,000 and
there's a $200,000 mortga n it and you place a $30,000 lien on it,
you're ahead of the mo17s age holder.
MR. LEM : Well, we would never do that, sir.
COMM R SAUNDERS: No, I understand. But just
t not an essential --or just an absolute defect in a
YRE: Well, no, but, I mean --so you just --just so I
,:::i.,;tf'f"T ... t rrectly, a $200,000 home; is that a home value?
MMISSIONER SAUNDERS: Yeah. Just say there's a
,000 home, and it's got a $150,000 mortgage.
MR. LEMYRE: Oh, 150,000, okay.
COMMISSIONER SAUNDERS: Then you don't really --it
doesn't make any difference what the loan to value is, because you're
Page 162
May 28, 2019
ahead of that mortgage.
MR. LEMYRE: Yeah, but we --the loan-to-value limitations
aren't the only criteria, right. So, you could be --you could have a
homeowner who has enough equity to qualify but doesn't have --
doesn't have a satisfactory pay history, has --you, lates (sic) on t · r
mortgage, lates on their --is behind on their taxes or, you kno~
some other ability-to-pay criteria. ~ w
So the loan to value is just one aspect. That's the i
perhaps. But if you had somebody with a $200,000
$200,000 home, they're 100 percent, they have no ~~(~,. , they're not
going to get approved for PACE. ~
COMMISSIONER SAUNDERS: No, I u~ders and.
MR. LEMYRE: I'm sorry. I just --
COMMISSIONER SAUNDE S: seems to me that that's
kind of an inherent --and I under .., .......... .-.t t that's the only way the
program will work, and I understa lso the letter that
Commissioner Taylor was rea I understand why all the
mortgage bankers and th s are opposed to this. They wound
up being in a second posi from being in a first position, so I
understand. /
But it just ........., .............. ed to me that that is kind of an inherent problem
that gives --' ot ggesting Y grene would do this, but gives
PACE pro ide nd PACE contractors the ability to prey on people
that sim ly t have the ability to make their payments.
,..."..,_..,.., states is this program operating? It sounded like there
three.
R. LEMYRE: PACE is operating in at least 19 states, three of
which have residential and commercial, and the others have
commercial. So it's in --it's in more than half the --
COMMISSIONER SAUNDERS: So there's three residential --
MR. LEMYRE: Population-wise.
Page 163
May 28, 2019
COMMISSIONER SAUNDERS: --three states that have
residential programs.
MR. LEMYRE: Correct, and over 700, perhaps almost 800
cities and counties across those states.
COMMISSIONER SAUNDERS: All right. You know, the
the old saying, you know, "Where there's smoke, there's fire,"...,_.._ ... _
I've kind of gone back and forth on this thing. I have some -,.,._.1.,
serious concerns about what happens to individual horn ers that
they may be fully aware of how this program works t have the
ability to pay. And, you know, a bank is going to ..... ~ .... -
have the ability to pay, but I don't think you h t
Now, I'm not saying that Y grene wouldn' stc) oo that. I just --
I have some concerns about it.
MR. LEMYRE: We do evaluaJ e 1 o pay across a number
of criteria and, you know, the ba ............... ..,.., voluntarily, you know --
and I'm not sure you equate the t ankly, because a mortgage is a
significantly larger transactio 11 he --and the amount of PACE
that comes before the ffiA-Uiflla-.<.::1 1.t • s actually equivalent to the one-year
tax lien. It's not the entire ount. It just goes each year.
So the entire, ike,. ay $20,000 average, you know, PACE
assessment, you ow, can't foreclose on the mortgage. So, I mean,
critical differ e PACE when you start to compare the
mortgages your mortgage company can accelerate and demand
payment o ... _._ ...... .., mortgage. That's what, effectively, they do with
fore
ACE administrator or, frankly, the county, in this case, can
ac ate the payment. The only --you know, as long as the
homeowner's paying annually, no party can accelerate. So that's a
critical difference between mortgage and --
CO MMIS SI ONER SAUNDERS: One more question. Maybe
you can help me out. If you have an individual who meets all of the
Page 164
May 28, 2019
requirements in terms of loan to value and ability to pay, they get a
substantial PACE loan for a new roof and whatever and they stop
making their --they can't make their payments, what happens after a
period --after a couple years? What happens to that property owner?
MR. LEMYRE: Well, it would depend on the --you know'
whether they had a mortgage or not, what that mortgage bala ~l's ,
how the servicer and mortgagee handled it. Ultimately, if t
mortgage company didn't --you know, it's speculation,.~·~
But just, for example, they might cover the tax ..__~i-.,
period of time until the homeowner can cure it an -~~ into
currency, which happens in the vast majority ,,...11;;!:i... ases, and then if
they can't, they might ultimately pursue, you o , oreclosure, and
if that's the case, it would be a tax sale, a in ubate (sic) sale in
Florida, but I want to point out, therf 's een a foreclosure --
COMMISSIONER SAUND......,-. ... ..,._ t that point in time, does the
entire PACE loan get paid off?
MR. LEMYRE: No, onl rrearages. So the mortgage
company for a buyer co .~...,,.1.1at it get wrapped into the mortgage,
but the PACE administrat or the county nor the district can force
the entire amount. ✓
COMMISS ER SAUNDERS: The PACE lien would stay
?
E: Until it's fully satisfied, correct, yeah. It's a
t tax lien, so ...
AN McDANIEL: Commissioner Solis.
MISSIONER SOLIS: As I understood it, we were going
to today from the PACE providers in terms of a response to the
allegations that were made by some of the PACE participants at the
last meeting. This item or at least the ordinance is on the agenda for
the next meeting.
CHAIRMAN McDANIEL: Correct.
Page 165
May 28, 2019
COMMISSIONER SOLIS: There's been a lot of documents and
reports. There's an LA Times April 4th article, an April 2017 letter,
and then there's pending federal rule-making that somehow relates to
PACE; is that correct?
MR. LEMYRE: Correct. ~
COMMISSIONER SOLIS: Okay. Sitting here today, I ,44
know what is in the federal rule-making in terms of protect~. ou
know, from my perspective, there are a couple things th ~ of
concern. I mean, there's been a lot of things of conce~ .......... a lot of
allegations, some of which have been addressed, S""" ~...,.,.~~"" ... '-'f them
maybe which have not.
I think the question of what happens to so e o y if they're not
able to obtain a conventional loan to fix t roof because it was
damaged by a hurricane is a questio t ......... "........ en't really heard an
answer to, because if somebody n ~ .. ('~_,"" 1x their roof and they can't
obtain a traditional mortgage fro mmercial lender, what are
their options? Well, one is to ___ credit card, which the interest rate
on a credit card is 21, 22 .-~~-~ percent.
CHAIRMAN McD~ Those are usurous rates; 18.
COMMISSIONE S LIS: Well, what credit card might that
be? I mean, mo fthem are in the 20s. And they're not --they go
up to 25 perc t
McDANIEL: If they have a credit card. CHA
COM I ONER SOLIS: If they have a credit card. So, you
.uia~,.._,. we were --my understanding what we were doing
listening to the response from the providers. We've heard
fro grene. I don't know, is there another provider that would like
to speak?
UNIDENTIFIED SPEAKER: From a district. I was here at a
previous meeting. We have two providers that are underneath our --
CHAIRMAN McDANIEL: You know what, poor Terri's
Page 166
May 28, 2019
fingers are going to be bleeding here in a second. We're going to take
a 10-minute break. Be back at 3: 15.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, if you'd please take your
seats. ~
CHAIRMAN McDANIEL: Okay. We were in the proc
somebody coming to address you or you were --did you ha
questions? 0
COMMISSIONER SOLIS: Well, we'd heard fr e of the
providers. I didn't know if any other providers we~~
anything. ~
MR. MILLER: Someone just handed me l, snp. It was another
provider. Devesh Nirmal. C, _
MR. NIRMAL: Yes. Good afl e ~ommissioners and
Chair. I represent the Florida PA .... _...., ....... ing Agency and our
residential program and commer i ogram.
James and his staff had c ·e out an analysis. We submitted
quite a bit of data in a sh n.4"a.,iJ?.,1~ .. nt of time. All the PACE districts
did. Based on the report t we saw from last --two weeks ago, we
didn't see any issues th ¥we had to address specifically.
COMMISS ER SOLIS: Okay.
MR. NI L We had a pretty robust --our volumes are not
as high. rta1 , we'd like the program to be more robust in that
ked carefully at all the types of projects that were
~lilllllllll,.,.._ ...... d we're satisfactory with our performance.
elcome suggestions on improvements, but I think more
im ntly, my experience with PACE over the past three years, and
several of the districts actually. You know, this was enabled
specifically to deal with the situations we've had in Florida at the
state level. So it wasn't sort of a copycat of another state. We have
serious issues with wind mitigation not being addressed on a lot of
Page 167
May 28, 2019
property in Florida. Indeed, that's where a lot of the focus has been.
I hear from people who lived through Hurricane Andrew, and
they go --they may be living in another part of the state, and they'll
say, look, if you don't enable this at this point and we have another
set of storms that comes through, the landscape of that commun1
will look very different than it did before. The people that wi 1
that land that has been totally destroyed, the property's gon---......
cetera, there is that aspect of it, and there's the aspect ofr-___ ___,,nergy
code being ratcheted up, and a lot of home just are v fficient.
So there's a purpose behind it. And what we ~·.____,let me just
give two examples. In Levy County we had a o ~~ come speak
from the City of Williston about a year and a n f ago when the
county was looking at PACE. The same tractor was offering a
29 percent lender of last resort to geJ t 1xed, or she could
choose PACE. That property ow so compelled by value
proposition, she actually came o t o eak on that. And so it goes
back to, what's the alternative ese homeowners?
The other one is --~:_~11-~,....,... _ _.__._other experience is a recent
divorcee. Credit score dr ed going through a divorce. Needed a
new roof. Insurance co pany said we're going to drop your policy.
And typically w happens if you don't get a new policy, your bank
will provide de of-last-resort policy.
And is r tes back to the real estate market. I'm from Tampa
Bay. We'v a really tight real estate market in some of our cities,
and I ~llllllllldll~ and the situation where people that tend to run
t .... _...., .... _~....... s in that situation may end up having to sell their house.
what does that mean? If you keep your roof and you keep
your home, that's two less commissions for realtors. When it comes
to the mortgage side, I mean --
CO MMIS SI ONER SOLIS: Be careful.
MR. NIRMAL: Yeah.
Page 168
May 28, 2019
COMMISSIONER SOLIS: Just so you know, there's a lot of
them in the room.
MR. NIRMAL: I get it. But we hear the other side, we hear the
other side is that the realtors are also telling us at the agent level they
can help the homeowner, when they get into a home, put all tha~~
equity, put all that cash upfront to make upgrades by using P
after they've bought the home, or the homeowner trying to V-..-L ... lie
home. 0
So I think there's --we get one side of the story ~ .. ,.... it comes to
why it doesn't work. There's plenty of reasons wh es work. We
don't see any need for our program to not con·
And we are --we're happy to work with the sta n prov1s1ons to
support a better program, but they can't b ose designed to stop the
program from working, so ...
COMMISSIONER TAYLO
MR. NIRMAL: Well, in te , you know, the features of the
ordinance that's on the table r· w, we've already --I mean, I've
emailed the entire Com · · o say this is untenable. It's not going
to allow for a successful o ation. And when you look relative to
other financing mecha~ms available in the marketplace, alternative
financing, what · at comparison? You saw the chart on how we
compare to c · t c tis, HELOCs, et cetera.
CO I NER SOLIS: Again, I wasn't requesting people to
wanted to make sure that if there was another
-"""II~.....,.., was going to speak or something, that I'd heard it all
And I'm sorry to do this, but you having said
that, I was handed slips from two other gentlemen, Bill Spivey and
Ryan Bartkus, who say they represent another provider. You'll have
to come to the mic, sir.
COMMISSIONER SOLIS: And if you're in agreement with
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May 28, 2019
everything that's been said about the program, just tell me that, and
that's fine.
MR. BARTKUS: No, that's fine. We're in agreement.
THE COURT REPORTER: Your name? I don't have your
name. ~
CHAIRMAN McDANIEL: Your name? ~
MR. BARTKUS: Oh, I'm sorry. My name's Ryan Ba . I'm
with the Florida Development Finance Corporation, an 2r\\i e
administer the Florida Resiliency and Energy Distric ~
Spoke with you guys about four weeks ago a know, I
don't want to take up any more of your time. s anted to let you
know that there are other providers. Y grene is o tne only provider
in the marketplace. So I just --I would li the opportunity for us to
have more conversation. Before the.r e' ortunity for this to
have residential PACE removed, I ~ ... ,~ ..... , e should have more
opportunity to speak.
We had a good discussio 1 Jamie. I thought we were going
to have further discussio . y did not happen, and now we're at
this point where if you gu emove it today, we just don't have any
other opportunity to ha~ discussion, and I would like to have that
opportunity. A
Thanky: ~ ~
CHA McDANIEL: How about the other speaker; same
VEY: Same thing.
IRMAN McDANIEL: Very good, okay.
MMISSIONER SOLIS: Okay. So we've heard from
everybody. You know, I don't know where, Commissioner Saunders,
you stand on this. I mean --
COMMISSIONER SAUNDERS: That's two of us.
COMMISSIONER SOLIS: There's more that I would --that
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May 28, 2019
I've heard today --there's more that I've heard today that I would look
at. I was expecting this to be kind of an informational meeting, and
then we would be deciding this at the next meeting when we're going
to be looking at the specifics of the ordinance that was proposed I
think, by Commissioner Taylor and Mr. French at the last meetin
So, you know, there's references to things that I haven't
I would go and read, and --you know, if we're going to ma ....... ~-
decision. But if we're going to make a decision today, t
CHAIRMAN McDANIEL: Commissioner TaY.
COMMISSIONER TAYLOR: I heard some ..... ~ . ..::r-.. r,~ .. -I
don't know if Lisa Lefkow is here, Reverend -"-'f'IIIII.:;_~ ....
to --with the agreement, the consensus of my 1 eagues, I'd like you
to come up. C, _
COMMISSIONER SOLIS: Pl,a ~ ~
COMMISSIONER TA YLO i.1~1fically about the due
diligence or the financial researc grene does for a homeowner
to make sure that the homeow.___ n pay for the loan that they want
for this equipment. Cou --_ ... £.,...J-~rLJeak to that?
COMMISSIONER I mean, you're asking Ms. --
CHAIRMAN Mc~ IEL: Yeah.
COMMISS ER TAYLOR: She's the head--
COMM O R SOLIS: --Lefkow with regard to Y grene's
I mean, I love her, but I don't think
_,,,,,..,.,. .... riate.
MISSIONER TAYLOR: She is the financial institution
~aiieowners.
CHAIRMAN McDANIEL: I understand what she is, but you're
asking her to render an opinion about a third party who's --
COMMISSIONER TAYLOR: No, no, a fact, sir, a fact.
CHAIRMAN McDANIEL: You're asking her to render an
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May 28, 2019
opinion about a third-party lender on a home, not --you're asking her
opinion as to what a PACE provider's doing.
COMMISSIONER TAYLOR: No, I'm not. I'm asking her --
MS. LEFKOW: May I answer the question?
CHAIRMAN McDANIEL: That was the question. ~
MS. LEFKOW: The question was regarding the underw ... ·-., ...... _.._
that Mr. Lemyre was just speaking about. So he talked abo --.:i~e
underwriting process that is conducted before a loan is fi n ed.
I believe, Commissioner Saunders , you asked a home that
was valued at $200,000, $200,000 of mortgage on .--;-i,_..
that be underwritten. So the reality is that in i~'""Omes, you are
aware of this already, we have a first mortgage w ic is the cost that
has been incurred to build the home . We o secure the home and
lock up any equity with a silent sec c.n ~ ...... ,_.. ge. In addition, there's
a Shared Appreciation Agreement. essence, there is no equity
on Habitat homes, and yet we ha a umber of Habitat families that
have been provided PACE lo ~"...,. me of them very substantial.
COMMISSIONER ~g:J RS: And that PACE loan would
be ahead of your first mo ge and your second mortgage.
MS. LEFKOW: ¥ well as your down payment assistance and
impact fee def e
COMM R SAUNDERS: That's why I was saying , you
s to me that there's an inherent problem with the
~"1 has been structured.
"'-"'lllit:.-...~_.._ KOW: You are correct.
IRMAN McDANIEL: We have --that has been talked
One of the things with the resolution for --I was under the
perception that the resolution that we were bringing forward from an
ordinance perspective was to enhance the consumer protections that
were somewhat or --or in some cases very much lacking with the
program, but there isn't an impetus for the provider, for the lender to
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May 28, 2019
secure the ability of a borrower, the people who have sought the
PACE financing, to be able to make those payments, unlike a
conventional lender that sends you notices and payments, statements,
and so ons and so forths.
The PACE providors aren't requisite to do that. That was o
the hopes that I had had. I'd said this back in February or Ma
when this came about that if we can enhance the consumer-
capacities of this program, I think the greater good can, r-·--=:,-
served.
My goal wasn't to shut the program down.
preclude anyone, because I really feel that the
....,..li;!..::u wasn't to
this type of assistance, so ...
COMMISSIONER FIALA: Go ahe
CHAIRMAN McDANIEL: W.el
ll<s that need
next.
COMMISSIONER FIALA: , but you were going to
respond to what --
CO MMIS SI ONER SA Well, no, I was just going
to --you know, we're go·.-~~-:--....u ve a motion, or --
CHAIRMAN McD~ L: There is a motion.
COMMISSIONE FI LA: I already made a motion.
speakers speaking.)
cDANIEL: Fix it.
NER SAUNDERS: --needs to be fixed.
N McDANIEL: Because there's two choices here.
~~""iiSSIONER SAUNDERS: There's going to be a motion
rminate the residential program.
AIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: We have a hearing coming up
in two weeks on these consumer protections. I think the message I
would send to the PACE providers is that I'm prepared not to support
a motion to terminate today under the assumption that in two weeks
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May 28, 2019
we'll come back with consumer protections that are satisfactory. If
they're not, then I would vote to terminate then. But I think let's --I
think the fair approach is, is there a way to fix this program? And
I've got my doubts. But I don't think a two-week delay is going to
make a whole lot of difference. So I'm just throwing that out as ~
thought. ,, '\ ~
CHAIRMAN McDANIEL: That's a nice thought. ~
COMMISSIONER FIALA: My motion stands, alt ... -...... h I'll
read it. I'll read what it says in here, because every ti e delay it
for another two weeks, then we come into a whole (:liff erent
program. We can always reconsider it in two e f ere's some
reason that we should add residential, but I do t t. I don't think that
I want to see residential added to this unti ey ve fixed the program.
It's going to take them more than twj) -~..,.~ fix this program, in
my op1n1on. ~
So my motion stands that we t --we --let's see.
Recommendation to consider · ation provided to adopt a
resolution which repeals · ing Property Assessment Clean
Energy program, the PA rogram, replacing it with a new PACE
program limited to co ~ercial, industrial, and multifamily rental
apartment build· and approves a new standard form membership
· A providers also limited to commercial,
ltifamily rental buildings. That is my motion.
N McDANIEL: That's Options 1 and 2 in the
...... ..,.~W'-"'" ions --
MISSIONER FIALA: Yes.
AIRMAN McDANIEL: --of the staff.
COMMISSIONER FIALA: Right. I think there's --
CHAIRMAN McDANIEL: The first 1 and 2. There's a total --
there was two 1 and 2s, but it's the first.
COMMISSIONER FIALA: Two 1 and 2s, yeah --
Page 174
May 28, 2019
COMMISSIONER TAYLOR: I'll second that motion.
CHAIRMAN McDANIEL: --in the staff recommendation.
COMMISSIONER FIALA: I think that the PACE program has
a lot more fixing to be done than we can ever do, not only in two
weeks, but possibly in a year. Right now I'd like to see the progr
offered to people that --you know, in the buildings, in apart ........ _._., . ....,
buildings and so forth. I'd like to see it still offered to them t right
now I don't think to residential because we've heard too ,...~~, things
happening to people that --and they don't understan · · hereas, you
get into the business area, and they probably have -T-business
consultants and so forth to guide them along. ~~..... y motion
stands.
, r. Attorney, that COMMISSIONER SAUNDERS:
would be, basically, a 90-day termi e, and the program, as
_.._.,.,....,zen until it's ultimately it would relate to residential, wou1
terminated; is that correct?
COMMISSIONER FIA idn't mention anything about
frozen, did I?
CHAIRMAN McD~ No.
COMMISSIONE FI LA: Sorry. I'm just asking.
MR. KLA ....,L...><ll~OW: Depending upon the vote you're going to
t th' agreements, yes.
NER SAUNDERS: But there's a 90-day --
ZKOW: There's a 90-day, but that stops any new
MISSIONER SAUNDERS: Right. That's what I just said.
e would be no residential loans made.
MR. KLATZKOW: There would be no loans of any sort,
commercial or residential.
COMMISSIONER FIALA: That might be an opportunity for
these lenders who think they have a new plan that they could, you
Page 175
May 28, 2019
know, start working on a plan so that you can serve the communities
that you feel are not being served at the present day. But we don't
have to --
MR. KLATZKOW: You've got a contract that's both residential
and commercial. Ninety days notice to terminate the contract; i~
both. ~
What we had talked about before was if you wanted to tliat,
we could terminate the contract and then come back wit
PACE program for the commercial --~,
COMMISSIONER TAYLOR: In two weeks ''
MR. KLATZKOW: --as a replacement.~"".L ~~.L, it's easy.
You're just dragging out a couple of words fro c . It wouldn't be
a difficult process.
COMMISSIONER SAUNDE S: to hear from
Commissioner McDaniel and Co ~ ... ,,,,."'"' ..... ·.-.. ~."',._, er Solis on what your
opinions are in terms of how to ·~" this over the next couple of
weeks. ~:
CHAIRMAN McD •~IIIP" You want to go first?
COMMISSIONER IS: You know, I will go along with
the --with what th ma~rity of the Board is going to come up with,
but I will say, it ms to me that while we have heard issues
specifically the abitat for Humanity financing , that it's
specificall a p lem for Habitat because of the way they have their
specific lo£f,.,.,.,,,,..,_.. cture. They've got a first, they've got a second, and
they' ~...,.,.L.Lis equity sharing.
, ou know, is there --is there a way to carve that out? I don't
I'm throwing this out here. And I want to at least bring that
up. s there a way to carve that out and protect --put in the
protections to address exactly what we're hearing, or isn't there? I
don't think we're going to resolve that today.
It seems that there are people --we have 400, at least, Y grene
Page 176
May 28, 2019
agreements. We don't have 400 complaints. I think we have --we
have a handful of complaints and, obviously, that's significant and it's
made us concerned about it. But I think we are --if we just terminate
this this way, we are going to be precluding people that do benefit
from this program from being able to make improvements that t
otherwise could not because of their situations, because oft~~
whatever.
So, you know, I'll vote with the majority on this, b t ink if
we don't at least consider some additional changes to --...i
which is what I thought we were doing at the next -.i-c•~ng, that if we
don't do that, then we're missing an opportuni~ on't know that
we've done as much homework as we probab~~a~.
COMMISSIONER SAUNDERS : C d I ask Mr. Solis --
CHAIRMAN McDANIEL: S re
COMMISSIONER SAUND......,_. ... ..,._ ell, the reason I was asking
where you guys might be on this i n ause there's going to be a
majority vote one way or the ~ ... ,'111111:'._.__ ..
COMMISSIONER .-.'JIii.A--~~-~ -Right.
CHAIRMAN McD ~ L: Exactly.
COMMISSIONE SAUNDERS: I'm not sure which way I'm
going, but I was ious as to which way you guys might be going,
because if th e a od reason to continue the program while we're
working o the dinance, then I'm kind of open to that. And if
there's not, ...__.__ . .__._ I'm supportive of the motion.
~~·..._..._SSIONER SOLIS: Well, I think that there have to be --
t r --if there's 400 of these, we've heard that there are
si ns and a couple of bad contractors, and there are bad
contractors out there that are doing conventional financing, right, that
talk people into all sorts of things .
And so I think there's still some benefit to somebody that really
needs it. And I think it's incumbent upon us, as doing what we can,
Page 177
May 28, 2019
to still help those people and yet do what we can to protect the people
that have been mistreated through the program.
COMMISSIONER SAUNDERS: Okay. This is a question for
the providers. Obviously, we're struggling with what a consumer
protection ordinance might entail. Would you be willing, all oft
providers that are here --and, obviously, Y grene is the most '7\J
significant in terms of numbers, but all the providers, woul lu'te
willing to hold the program in abeyance while we work t is
ordinance? That's a voluntary request, but I think the ' potential
that your program's going to be terminated today. ::-..~'':..' ....... he concern is
that while we're working on this ordinance, th ....__--be other people
that might be hurt. And so if I can get a state n from the providers
that you're willing to not do any PACE fi ~~ng until we fix this
ordinance --• Ct()
CHAIRMAN McDANIEL: '-"IIM-... ,L .... ep in here? I see where
you're going, but all of the PACE a 1ders are not here. And you're
asking for consensus of those t e, in fact, here to obligate those
that are not here to not d ore PACE loans while we're working
this theoretical ordinance rotect consumer protections to
enhance --
COMMISS
CHAI
co
✓
ER SAUNDERS: I can see where that would --
cDANIEL: Yes. I like the thought, but I --
NER SOLIS: I just had one other --and, you
1s is a crazy idea. But we keep hearing that this is
_.,~Jll!litlil~ or Habitat owners. Excuse me. Let me finish.
if that's the case, then can't we define this program as being
av le to people that aren't in the Habitat financing mode? So this
is the kind of discussion I would like to have.
CHAIRMAN McDANIEL: In an ordinance. In an ordinance
that we develop for consumer protections, we can stipulate virtually
anything.
Page 178
May 28, 2019
COMMISSIONER SAUNDERS: There may be some
equal-protection issues there, but that's --
COMMISSIONER SOLIS: Well, maybe there is. I don't know
the answer to that today, so ...
COMMISSIONER TAYLOR: What about --we saw peop --
we heard from some --at least one person that wasn't a Habit\~
person. We also heard testimony there's a woman in Immo~e that
can't even read or write and signed her name with an X .,...--,,~er
signature was forged. i
MR. KLATZKOW: You know, I don't kno-w ou limit it to
everybody but Habitat people; I don't know h d that.
CHAIRMAN McDANIEL: Well, I don't 1t er.
COMMISSIONER FIALA: Well, h 's another way. Now, we
all have read in the newspapers abo t .;;",~.;~--munities, other states
who have had problems with the ogram. There have got to
be other programs that have bee i e lfied, created to help people of
lesser means to be able to fix ·r omes and reasonably and with
respect and not taking ar1-...-... -.-of these people. They've got to be
out there.
And I would ues hat ifwe drop this program right now and
then put an RFP t there to what other providers around the state of
Florida who o id e same thing that we're just talking about,
PACE, though it can be any program that will then
hese people in whatever manner, and let's hear about
o , we won't have them in two weeks, but at least we get the
ling to see what else we have available to help people.
CHAIRMAN McDANIEL: Commissioner Taylor. We're going
back to the list.
COMMISSIONER TAYLOR: Oh, we're going back to the list.
CHAIRMAN McDANIEL: Yes.
Page 179
May 28, 2019
COMMISSIONER TAYLOR: Well, I wanted to hear from
Commissioner Saunders.
CHAIRMAN McDANIEL: Are you going to waive your time?
COMMISSIONER TAYLOR: No.
COMMISSIONER SAUNDERS: We never waive our tim~
and ifwe do, we change our minds. '(>
Mr. Lemyre, I had made a statement which may have
incredibly stupid in terms of can we just hold the progr ·
abeyance while we work on this ordinance as oppose
termination of the program.
MR. LEMYRE: I can only speak for YF, ... ~e,
answer your question combined with Commis · o er Solis'. I would
propose that we would suspend accepting lications because,
you're right, there is potential Equal.Pr Act, not necessarily
for Habitat homeowners, but we .._ ... ....,end accepting applications
where there is a first, a second, ~~ equity-participation agreement
or equity-sharing agreement. "1-~ould cover the Habitat situation,
I think.
COMMISSIONER That's not my question.
MR. LEMYR : Qkay.
COMMISS ER SAUNDERS: My question is, will you
n y further applications for residential PACE
............ ~ the time that we're working on this ordinance,
o be another couple of weeks?
~_,_,,,., ...... e answer's no, the answer's no.
LEMYRE: Is that two weeks time certain? I mean, is
item, because --
COMMISSIONER SAUNDERS: We have an item coming up
on the ordinance which is our next meeting, which actually is a little
longer than two weeks.
MR. KLATZKOW: And it could be a while. Look, you could
Page 180
May 28, 2019
terminate the contracts right now and then get your ordinance done
and then reinstitute the program again. That's another approach you
can do.
COMMISSIONER SAUNDERS: Okay.
MR. KLATZKOW: I mean, if you don't want to consent t ~
stopping the applications, that's what they can do. All right, s ~
CHAIRMAN McDANIEL: There again, I don't see h hey
can do that without violating federal law for people's ri be able
to apply for. Now, ifwe suspend it, if it is suspende a-.e•
so ...
COMMISSIONER TAYLOR: But my
one's knocking on their doors. They're the one o are knocking on
the people's door. They're the ones who oing door to door in the
middle of the night at 9 o'clock or 1~ a' ~•~iocking on people's
doors, at least in Golden Gate Cit . ~
CHAIRMAN McDANIEL: ~i~,-~ calling on you? I'm calling
on you. ~
COMMISSIONER .-~~-~ J:>R : Yes, you are calling on me.
CHAIRMAN McD~ L: Yes, I am.
COMMISSIONE TAYLOR: There is a tax collector in Pasco
County --Ms.
MS.M
CO I
; is that correct? --Pasco County --
s.
NERTA YLOR: --who has taken under his
1ch I know our Tax Collector doesn't want to do, and
, and that county operates for --as an ordinance.
ordinance that the man created that Ms. Mola handed
to staff, and that is already --it's Pasco County, but they're
kind of up the road. We could start there and look at that.
It's my understanding, though, we just heard testimony that
anything --even the ordinance that might be proposed here could
close them down, and the PACE wouldn't agree to that.
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May 28, 2019
So we have a problem. We have a problem because we aren't
dealing with the reality that this program was designed to take
advantage of people. And we have a very viable commercial part of
this program, but the residential is fraught with problems and
lawsuits, and there's only three states in the entire United States t t
even have it. ,, '\ '(>
So I think I'd like to call the question. ~
CHAIRMAN McDANIEL: We're not done discus i 't yet.
You can call the question if you'd like, but I'm not do haven't
spoken --I haven't had an opportunity to speak m ..,c,._ ....... ._. et. I've been
allowing this to be going on, so... ~
Commissioner Fiala. ,1 ,
COMMISSIONER FIALA: Just an tli ing to --before when
we asked to hear from the other peop l ight be a funding
institution to help, and the gentle ........... ll... the glasses back there
stood up, and then this gentlema e from Y grene came over and
whispered in his ear, and then~-~ ntleman decided he didn't want
to say anything after all. ""-'LI-as wondering what you had told
him --why he didn't come and --
CHAIRMAN Mc ~ IEL: He was in agreement with what the
other two had s ·
COMM O R FIALA: No. This was supposed to be
another le din · stitution.
MR. Y: I'm Bill Spivey from the FRED district as well.
~~rsation was just a reminder that FRED is not a PACE
We are a district, and so just he was wanting to --
AIRMAN McDANIEL: And what's FRED stand for?
MR. SPIVEY: Florida Resiliency and Energy District.
CHAIRMAN McDANIEL: Okay. The AFZ.
MR. SPIVEY: That's all it was; just a clarification on it.
CHAIRMAN McDANIEL: Commissioner Saunders.
Page 182
May 28, 2019
COMMISSIONER FIALA: I thought it was interesting.
CHAIRMAN McDANIEL: I'm sorry. Commissioner Saunders,
you're still up from before.
COMMISSIONER SAUNDERS: I'm done for the moment.
CHAIRMAN McDANIEL: Okay. All right. I have said r
the beginning that if we --if an ordinance were brought forth
would protect the consumers better, I would be in support
We have allowed you to be in charge of the prepar.,...., ... -.~_,,
ordinances. You brought forward an ordinance befor.--L..__., I couldn't
get happy with because it commingled and put obl. · ns on third
parties that weren't participatory in the proces
Then erroneously --and I misunderstood en Commissioner
Saunders made the motion a month or so to put you in charge of
the ordinance to provide for consulller ons, I actually --I saw
you flinching while he was makin,_,._,u... otion, and I actually even
said, if she doesn't want to do it, ' ______ ,,,_ it. But you did do it.
And the ordinance that Y...-.-,_.. ught forward, again, commingled
obligations of lenders, o · g and managing contractors in a
fashion that wasn't plausi or any type of --forget about PACE,
forget about Y grene. T ere was no real mesh for that to actually
transpire. Agai , couldn't support that ordinance.
The fol t at -the folks that I spoke with, the PACE providers,
brought f o wa uggestions and amendments to that ordinance that
were there. y talked with me about consumer protections that
coulr~~'iii~ 1n place to better protect the public and the folks that are
ry in PACE program lending, but that never got through to
ou t f and/ or our staff didn't bring forward those suggested
adjustments.
Kate from --you can come to the mic if you want to. I mean, I
had meetings with both Kate and --
MR. NIRMAL: Devesh.
Page 183
May 28, 2019
CHAIRMAN McDANIEL: Devesh, forgive me. I had
meetings with them. They provided suggestions that could enhance
consumer protections, but that never got to us. What got to us was an
ordinance that was put forth as that, but it was complicated and
fraught with overlap in responsibilities that couldn't be put upon~
third-party provider and the lender from a lender's perspectiv ~• --
COMMISSIONER TAYLOR: You're a lender? ~
CHAIRMAN McDANIEL: I used to be. 0
COMMISSIONER TAYLOR: Okay. Just chec~pp
CHAIRMAN McDANIEL: I used to be. I StJl'lllli~
board for over 10 years, ma'am. So I've look t
from both sides.
I concur with Commissioner Solis; I
consumer protections that need to b ; d ink I shared with you,
when I was in Washington, D.C., · -~, . ..__ .. , there was a presentation
at one of the --at one of the lunc~"ll,.!._.y/°" that I was at that this is being
reviewed by the Federal Cons e rotection Agency, because it's
not regulated by them ri ., .... ,-.. There are complaints that are
coming in and issues that being brought up.
But the or din nee hat you've brought forward twice haven't put
in place consu ............. ,_.____,rotections. It's --there's been more --there's been
more --there a n't een those protections that I felt were necessary.
CO I NERTA YLOR: Well, let me bring forth the
e that is actually working and then let you look at it.
?
IRMAN McDANIEL: Well, that would be fine, but I
do ' but in the same time, I'm not in favor of discontinuing the
resi ential program until we've had an opportunity to review that.
COMMISSIONER TAYLOR: May I put something up on the
visualizer for everyone to look at?
CHAIRMAN McDANIEL: Okay.
Page 184
May 28, 2019
COMMISSIONER TAYLOR: We've just heard testimony from
PACE providers about how they know what the credit rating of the
people that they go to, the doors they knock on, at 8 and 9 o'clock at
night. They know what their credit rating is.
Read this: This is an advertisement from one of the PACE ~
contractors in Pasco County. You're receiving this notice bee
major roof concerns were visibly noted this week. That wa
drive-by. As a coordinator for the Pasco County approv.
programs --and please notice , State of Florida, gove_.L .,....."""""'_.L
approved. We can approve anyone with zero dow ..... --.. .... _.L--
until March 2019 regardless --regardless of y
employment status.
Eligibility. Are you going --are yo
Are you currently going through baIJ
then congratulations; you can get ...... ..,.,,,_
Call today to schedule your i t
hind in your mortgage?
c If you answered no,
roof.
I think this is --clearly, t:.W."'"'-as been a misrepresentation on
the part of the PACE pro ni1111111111t..,,rt!IW' _ _.L.,._P...,out exactly what they do and how
they oversee it.
Thank you.
COMMISS
COMM 0
✓
ER FIALA: I think that says it all, doesn't it?
R SOLIS: I think that's a notice --a fraudulent
notice fro
CHA
ractor.
N McDANIEL: Yes, absolutely.
""-:~""iiSSIONER SOLIS: I mean, this is --Commissioner
ean, with all due respect, this is like getting, you know,
fra ent emails from all sorts of people in your in-basket on
Outlook and saying we should end the Internet.
COMMISSIONER TAYLOR: No, sir.
COMMISSIONER SOLIS: I mean, if that's coming from a
contractor, that's --
Page 185
May 28, 2019
COMMISSIONER TAYLOR: That's an example of the
marketing that they do.
COMMISSIONER SOLIS: The contractors. And I agree with
it. It's totally fraudulently.
COMMISSIONER TAYLOR: Oh. So now we're separati~
PACE from the contractors which, of course, is --,, '\ ~
COMMISSIONER SOLIS: Yes. ~
COMMISSIONER TAYLOR: --what they do. 0
CHAIRMAN McDANIEL: Well, it is. That's a the
reasons I had issues with the ordinance you brou .......... ..,~-~
were commingling responsibility of manage~· ..... t
contractors, general contractors, with the lende , d you can't do
that. There's zero opportunity for that to spire in the real world. I
don't care what kind of lender you ai e._A,
(Simultaneous speakers spea · ~~,
COMMISSIONER SOLIS: o ow, I would call the
question. It's 4 o'clock almos ~
COMMISSIONER .... .,.. .. ~. We should vote for this now, and
let us solve all those prob s. We're not going to solve them today,
and we're not goin to Ive them in two weeks. So rather than
sustain it and let · ontinue on, let's fix it, but we have to stop it first
in order to fi t. A so my motion stands as read.
CO I NER SAUNDERS: Let me ask my question. In
terms of th -ow, this will be a 90-day termination notice. Are we
still · deal with a potential ordinance to fix this program?
MISSIONER TAYLOR: I would agree to that.
MMISSIONER SAUNDERS: If there's an agreement to do
that, bring this forward at the next meeting to try to fix this using the
Pasco County ordinance as an example, I'd like for staff to distribute
that, I'll support the motion this afternoon with the understanding that
we're going to take a look at --that stops the program basically.
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May 28, 2019
CHAIRMAN McDANIEL: From a residential perspective.
We're still doing commercial and --
COMMISSIONER SAUNDERS: Well, unfortunately, it stops
everything.
COMMISSIONER TAYLOR: Commercial and residentia~
CHAIRMAN McDANIEL: It stops everything. '(>
COMMISSIONER SAUNDERS: So we bring back a ~ next
meeting a redraft of the contract to permit the commerc · gram,
we bring back the Pasco County ordinance. If the Pa=--rl•-ounty
ordinance is satisfactory, then I'll support a motio
rescind the termination so that we're back to ii --
My question was to stop the program dun is time period. I
wanted to do it without having to termina he program, but we're
not able to do that. And so this is a it 1 a middle ground, but it
gives everybody an opportunity at _.._,........ t meeting to take a look at
the Pasco County ordinance, to do of two things at that point:
Reinstate just the commercial am or indicate that we're adopting
the Pasco County ordina .-~~-~ eliminating the termination.
CHAIRMAN McD~ L: So --
COMMISSIONE SAUNDERS: I assume we could adopt the
Pasco County o ance on an emergency basis and then readopt it in
a regular pro s .
MR. ~ KOW: You could if you want, yes.
CHA N McDANIEL: I was just going to say we can do
~...,,..., want with a vote of three.
MISSIONER SAUNDERS: Oh, no. There's a statute
with emergency ordinances, so we can't really --
CHAIRMAN McDANIEL: County Manager? Excuse me one
second.
MR. OCHS: I just want to remind the Board, based on your
direction from the last meeting, you're scheduled to hear the
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May 28, 2019
consumer protection --PACE consumer-protection ordinance that
you first heard at your last meeting on June 11th. That was the
direction that we're working under right now.
COMMISSIONER SAUNDERS: You're going to distribute the
Pasco County ordinance, and we may just substitute that. ~
MR. KLATZKOW: Do you want to substitute the Pasc°t '
we'll just advertise that ordinance? ~
CHAIRMAN McDANIEL: I haven't reviewed the
County ordinance.
(Simultaneous speakers speaking.)
MR. KLATZKOW: I don't know offth~rr,-.-..
lS.
COMMISSIONER FIALA: We hav. o see both of them.
COMMISSIONER SAUNDE S: ve advertised and
ordinance --~
MR. KLATZKOW: We'll d e ise --
COMMISSIONER SA -~------=--S: Let me ask a question.
You've advertised an or · e come back with a language
that's in the Pasco ordinan · we amend that ordinance that you've
already advertised to c tain that language.
MR. KLA ....,L...><ll~OW: We will implement the Board's will.
COMM O R SAUNDERS: So we can accomplish that
objective i r-..niilU.... nt to?
MR. : The action that was continued to the next meeting
~~ ise that ordinance and bring it back for a public hearing.
en't yet directed that it be advertised yet. So you still have
o-step process.
MR. KLATZKOW: No, no. We're going to advertise --we're
going to advertise the proposed ordinance, because I understand the
concern, because you may be terminating the agreements today. We
will advertise it for the next board meeting. So you'll have the two
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May 28, 2019
weeks where you will not have a program.
And then you'll see. The discussion's in two weeks.
COMMISSIONER FIALA: So we haven't adjusted my motion
at all.
COMMISSIONER TAYLOR: We may want to --do we w t
to amend the motion to include the review of the Pasco Coun~
ordinance? ~ w
COMMISSIONER SAUNDERS: Yeah, if this is
MR. KLATZKOW: We'll put it on the --
COMMISSIONER FIALA: Make a separate in.~,-
adding to the motion --/
COMMISS ER FIALA: Let's place it simply, okay.
COMM O R SAUNDERS: What I'd like you to add to
at our next meeting we will consider an ordinance,
consumer-ction ordinance, staff will provide us the Pasco
ordi ... _.,~~......, a possible consumer-protection ordinance. At that time
if--...,=-ajority of the Board decides to go with the consumer
pr ion, then we can withdraw the termination, which the majority
coula do anyway without that. So it's not like you're --
COMMISSIONER FIALA: You know, I think we're all
concerned with doing something to help people. That's what it's all
about.
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May 28, 2019
COMMISSIONER SAUNDERS: That's why I --
COMMISSIONER FIALA: And we want to --but we want to
make sure not to hurt them. And so ifwe cannot come up with
something by the next meeting --and we don't know that we can or
can't --let's at least get rid of this, okay. '
COMMISSIONER SAUNDERS: Well, that's what you~11 ~1'n
does. ~
COMMISSIONER FIALA: As long as it that says t
MR. KLATZKOW: You will be terminating th
motion's adopted. ~ ..
CHAIRMAN McDANIEL: Right. ~ ~
MR. KLATZKOW: You can always res~uate it later, but you
will be terminating the program.
COMMISSIONER FIALA: Tp a '
CHAIRMAN McDANIEL: ·-",_ . sioner Solis.
COMMISSIONER SOLIS: I ld, again, just suggest that we
stick to what we had decided ast meeting, that today would be
more of an informationa · g and opportunity for the providers
to address the allegations were made so that then at the next
meeting we would con ~er the ordinance and the
consumer-prote n provisions that we want to add to it.
You kna , we changing in midstream what we had agreed
and repres nte e were going to be doing at the last meeting.
CHA N McDANIEL: That's right. I agree. There's been
~....,~ a second to --you want me to reread it?
MISSIONER FIALA: No. Adopt a resolution which
re the existing Property Assessment Clean Energy, PACE
program, replacing it with a new PACE program limited to
commercial, industrial, and multifamily rental apartment buildings,
and approve a new standard form membership agreement with PACE
providers also limited to commercial, industrial, and multifamily
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May 28, 2019
rental apartment buildings.
COMMISSIONER SAUNDERS: Okay. And as I said, I will
support that motion if added to it is bringing this back at our next
meeting to consider a consumer-protection ordinance. Ifwe ad~t
that, then I'm going to support eliminating the termination. ~~
COMMISSIONER FIALA: Eliminating termination w ~'?>
COMMISSIONER SAUNDERS: Ifwe adopt a consu~
protection ordinance that we all feel comfortable with, t would
vote at that point to reinstate the residential program.
COMMISSIONER FIALA: No. That's not
COMMISSIONER SAUNDERS: All ri ,,._,_....._
CHAIRMAN McDANIEL: It's been mo d anci seconded --
COMMISSIONER FIALA: We're,,.__.. fo hurt people.
COMMISSIONER TAYLOR:.N , he idea is to suspend it
for these two weeks --~
COMMISSIONER FIALA: e .
COMMISSIONER TAY . --and to bring back an
ordinance that's already ~~y,; 1n a county which is called Pasco
that has consumer protect in it.
COMMISSIONE FI LA: Okay, okay. I understand that.
MR. OCH r. Chairman, and I'm sorry but this is, I think, a
ca n. I'm told by staff --and, Jamie, correct me if
he Pasco County ordinance has not been adopted in
.L~-"T"rue?
~__, ... '-L..INCH: That's correct. If you'd allow me, I'll offer
s -..A"'l"llllk-• fication.
the language does exist. It appears to be legally sufficient.
And, by the way, Commissioner, Mr. Chairman, most of the
consumer protections that we brought forward to you were based off
of that as well as some of the working programs that currently exist
in West Palm Beach. It is very laborious, and it does exactly what
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May 28, 2019
the PACE provider has said. It really does put a great deal of
pressure on their program that would prevent them from moving
forward.
However, Commissioner Taylor didn't influence me. I wrote
that. And we worked with the County Attorney's Office, and w ~
worked with the PACE providers, and the PACE providers di ~
provide us feedback. But it was a collaborative feedback, a ·twas
an ordinance that they felt should be drafted, and that\\'.:~ That's
the response we had from the PACE providers. ~ '--
So just to clarify the record, we did use the P \~ounty
language, we used the current West Palm Bea tB 1s currently
enacted, as well as direction from the Board fr eetings past.
So we did take a very measured appr. ch and, yes, there was
some repetitiveness in the nature th<1t i ....... ...,,..._._, some language that
was already in the membership ag e .
But we can move forward e Pasco County language, but
it is exceptionally laborious, a · s not currently active. It doesn't
mean that it won't be ado,_._.-.. ~---,-,.,.,just means that it's not been
currently active. It's got s e good language to it.
CHAIRMAN Mc~ IEL: There was good language. Excuse
there, Jamie.
ordinance at
could be mllllL<LL.._,, ..
sing me. There was --there was good language in
no refuting that. But there were points in that
brought forward that were --no real-world sense
~....,•~ ... not prepared today to debate that with you. I'd be
~,-r,....,,o that --
R. FRENCH: We're just looking for direction, sir.
CHAIRMAN McDANIEL: Well, I'm trying to get there.
MR. FRENCH: Yes, sir.
CHAIRMAN McDANIEL: So I just --I recall there were
stipulations put upon the lenders to regulate a third party that were in
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May 28, 2019
any real-world sense not attainable.
MR. KLATZKOW: Commissioners, we have a draft ordinance.
I can --and if all goes this way, I'm going to have to run upstairs to
make sure we can get it in. I can advertise that draft ordinance, and
you can argue about the ordinance at your next meeting. ~
CHAIRMAN McDANIEL: Well, that's what we were ~~_..
thought we were, per Commissioner Solis --~
(Simultaneous speakers speaking.) ,l 0
MR. KLATZKOW: I need to advertise somethi ~~
CHAIRMAN McDANIEL: But if the progr ' ing to be
killed today, then there's no point in even hav· t d' scussion on
the 11th.
COMMISSIONER TAYLOR: No, t's not true .
CHAIRMAN McDANIEL: W.el . c inly is.
COMMISSIONER TAYLO
CHAIRMAN McDANIEL: do you mean why? Because
there's --~
COMMISSIONER J)R : Because it's a majority vote.
You've already heard fro e comm1ss1oner --
CHAIRMAN Mc~ IEL: A majority vote --
COMMISS ER SAUNDERS: We would simply be in a
90-day termi t on riod.
CHA ~ McDANIEL: Right.
COM IONER SOLIS: I would just say, can we call the
., ... ~Jiflllll.,,,,, e've got another long hearing --
IRMAN McDANIEL: Yeah, we do.
MMISSIONER SOLIS: --afterwards.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we move, per the first 1 and 2 of --now, are --you
made an amendment to --are you in consent with the requested
amendment?
Page 193
May 28, 2019
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: Yes?
COMMISSIONER FIALA: Yes.
COMMISSIONER TAYLOR: Yes, she's in consent with it.
CHAIRMAN McDANIEL: Okay. It's been moved and ~
seconded that we repeal the existing per 1 and 2 and bring ba~H
the 11th a consumer-protection ordinance. ~
COMMISSIONER SAUNDERS: Exactly. We're l< g
sausage. ~
CHAIRMAN McDANIEL: Yes.
MR. KLATZKOW: So the County Man -~~ . 1 e getting out
a letter of termination on this vote?
COMMISSIONER TAYLOR: Yes.(',_
CHAIRMAN McDANIEL: T at' ~t.
COMMISSIONER TAYLO s correct.
CHAIRMAN McDANIEL: e e terminating the program as
of this vote with the 3-2 vote ~~
All in favor? "-I
COMMISSIONER A: Aye.
COMMISSIONE TAYLOR: Aye.
COMMISS ER SAUNDERS: Aye.
CHAI cDANIEL: All opposed?
CO rlr,,.~~ NER SOLIS: Aye.
CHA N McDANIEL: Aye .
.ua~ed.
· ght. Let's move right along here, County Manager.
R. OCHS: Yes, sir.
Item #1 lF
RECONSIDERATION OF ITEM #1 lB FROM THE MARCH 26,
Page 194
May 28, 2019
2019 BCC MEETING TITLED: ACCEPT THE REPORT AND
SUGGESTIONS FROM THE TOURIST DEVELOPMENT
COUNCIL FOR NEXT STEPS IN REGULATING SHORT TERM
VACATION RENTALS IN THE UNINCORPORATED AREA OF
COLLIER COUNTY -MOTION TO RESEND THE PRIOR ~
MOTION FROM MARCH REGARDING DURATION OF ~
SHORT-TERM RENTALS -APPROVED (COMMISSIO ,,___-
FIALA AND COMMISSIONER TAYLOR OPPOSED · FF TO
ENFORCE CODE VIOLATION ENFORCEMENT··-----T'"""" PLAINTS
SUCH AS NOISE, PARKING, AND SIGNAGE OVED;
STAFF TO BRING BACK ANALYSIS FR E COUNTY
ORDINANCES THROUGHOUT THE STAT HE JUNE 25,
2019 BCC MEETING -APPROVED ~
MR. OCHS: Commissioner , veto Item 1 lF on today's
agenda, and this is a reconsiderati Item 1 lB that appeared at
your March 26th, 2019, com · · meeting that was titled a
recommendation to acce~_i __ port and suggestions from the
Tourist Development Cou ·1 for next steps in regulating short-term
vacation rentals in the ~incorporated area of Collier County.
Commissio s, as a result of that discussion, the staff received
some directio o e Board that subsequently the Board voted to
d that's, essentially, where we are today.
•r ........ ~-r-,R: Mr. Chairman, we have 3 7 registered speakers
IRMAN McDANIEL: Nice.
MMISSIONER TAYLOR: Point of order.
COMMISSIONER FIALA: I didn't realize that we had that
many realtors in the audience. I thought they were all from the one
program. Oh, we've got lots of people here.
COMMISSIONER TAYLOR: Point of order. Mr. Chair, when
Page 195
May 28, 2019
will the court reporter have a break so that --
CHAIRMAN McDANIEL: She already had one at 3: 10. I'm
not sure if we're going to give her another.
COMMISSIONER TAYLOR: With 37 speakers.
CHAIRMAN McDANIEL: Go ahead, Jack.
MR. OCHS: Sir, we don't really have anything new to r
CHAIRMAN McDANIEL: I understand. There's a c
questions on the report that I'd like to see, if you would a.J • ..,u,u
was represented to me at some stage during this proc
was duplicity with regard to the registered landlor
plus-or-minus registered landlords that are co c usiness in
Collier County advertising short-term rentals a a at that number
was --there were duplications in that am t. ave you verified that
or had a chance to look at that?
MR. WERT: Yes, sir. We h ally two sets of
information. The slide that I have ere right now was
information provided to us by ollier County Tax Collector in
terms of, by year, in thos ries of hotels, realtors, and
individuals, how many re ered collectors they had, so --
CHAIRMAN Mc~ IEL: That's a tax revenue collection.
MR. WER . Okay. The next one, then --let's get to this. This
is the one I w oo · g for.
CHA '",,.~ McDANIEL: There you go.
MR. -........,_.,..._ : That shows, first of all, the number, based on what
~~ bsites, how many different listings there are in each of
t ~• ers, and these are the major ones. There are, obviously,
m f those. The point is, any one condo or single-family home
coula be listed on all of those. That's why we're saying there is
duplication in listings; however, what we see from the Tax
Collector's records is 10,800 units are total, and of those you've got
condos at 7,900, single-family homes --
Page 196
May 28, 2019
CHAIRMAN McDANIEL: I got all that.
MR. WERT: So that's what we know.
CHAIRMAN McDANIEL: The ones that are a matter of the
Tax Collector's records, those are the ones that are legally conducting
business, and the ones that are represented in the 14,650, they're~
advertising on a site but could be on VRBO or Airbnb, on m
sites, and you would count them twice.
MR. WERT: Correct.
CHAIRMAN McDANIEL: They're not, necess a portion
of the Tax Collector's records as well. s
MR. WERT: That is correct. ~
CHAIRMAN McDANIEL: So that's the ~int at I was trying
to make. Thank you. C, _
MR. WERT: Yes, sir. • .. ~~
CHAIRMAN McDANIEL: ~ou. All right. Does
anybody have any questions of~ fore we go off into the public
speakers? ~~
(No response.) .-~~-~~
CHAIRMAN McD~ L: Okay. Thank you, sir.
Go. /
MR. MILL : Mr. Chairman, I will remind our speakers to use
wi call two names. Please stand by when you're
""_._.· ........ line. Your first speaker is Doriel Hess. She will
isten Jasinski.
'1.~~~SS: My name is Doriel Hess. I live at 7127 Falcons
evard in Lely Resort. First, thank you so much for
ing this issue that has people upset on both sides.
But I do think many of the voters that are here today want the
same thing. They want to have monthly and seasonal rentals to
continue, but they want to stop the daily and weekly rentals.
A few years ago this issue was not a problem. People went
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May 28, 2019
through a friend or a real estate agent to rent for the season or for a
month. Those people became part of the community, and many went
on to become homeowners here in Collier County.
But VRBO and Home Away have changed what is happening in
the rental market. They're turning neighborhood communities in
transient or motel developments. '(>
In my development, Falcons Glen and Lely Resort, w ~0 ' e
people buying a home and never moving in. They mak t ement
and immediately put the house on VRBO for weekly: ......,....-,,i.,...·ls. Now
we have owners advertising daily rentals.
In Lely Resort, there's an area called Gre t's zoned for
daily and weekly rentals. Golfers come in for aays, enjoy the
area. It was built for that, and owners we l_C¥..!Y are of that when they
purchased their condo unit. • ~
In Falcons Glen, a communit gle-family homes, people
rented for a month or for the sea o . ese renters, who have
be~o~e friends over the year~.~ o djoin in our community
activities. ,..O "-,J
Now, we still have th¥asonal and monthly rentals, but we
increasingly have weekJ,y and now daily rentals. Out of the 87
homes, we have er 20 renting weekly. We're losing the battle as
more investo uy to the neighborhood.
I kno th ate of Florida, under the former governor, passed a
uldn't restrict the short-term rentals, but I think that
...,,_....._.,.. ... missioners, would have the right to change that from six
one month, and if there was, you know, someone
co ining about it, you could say you're following the spirit of the
law 1n making it less restrictive.
I'm not a lawyer, but I appreciate any help you can give us. I
want to thank you for your patience in listening to my comments
today and to thank you for trying to save Falcons Glen and other
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May 28, 2019
communities like us.
Thank you.
MR. MILLER: Your next speaker is Kristen Jasinski.
UNIDENTIFIED SPEAKER: She left.
MR. MILLER: Pat Cogswell. She will be followed by To ~
White. ~'\~
CHAIRMAN McDANIEL: One second. ~
COMMISSIONER SOLIS: I think --I keep gettin I t of
emails about this, and most of the emails want us to s..-cYi•-ow change
the length of time of a short-term rental. B
Mr. County Attorney, we're not able to d a ig t?
MR. KLATZKOW: You are not able to t a.
COMMISSIONER SOLIS: By state~..!.u e, we've been
preempted by the legislature. • "'1, ~
MR. KLATZKOW: I could b¥anguage on the monitor if
that would help the discussion.
CHAIRMAN McDANI e don't need to do that.
COMMISSIONER ~-I just wanted to bring that up at the
beginning. We've got 30 kers. You know, however much we
would like to do that, w. 're unable to do that because the legislature
has preempted hope that helps.
COMM R FIALA: Yeah. Do put that up on the --so
audience can read it, the ones at home, what we're
<YA'tllll'r.oving, right?
""-:~""iiSSIONER SOLIS: Right. We cannot change that. So I
e's going to be a lot of people requesting that we somehow
....,~,,,._, the definition of what a short-term rental is and how long that
is, and we're just not able to do that.
COMMISSIONER FIALA: So we're not able to do that at all?
MR. KLATZKOW: You are frozen in time into whatever you
had as of 2011.
Page 199
May 28, 2019
CHAIRMAN McDANIEL: Without breaking the law ourself,
and that needs to be said. Just because other communities have
enacted an ordinance after the preemption's gone into effect doesn't
make it proper, and you certainly cannot recommend that we violate
the statute. ~
MR. KLATZKOW: Any ordinance that you would pass i~
violation of this ordinance would be null and void at its inc ~·rv-..n.
CHAIRMAN McDANIEL: Right. So we can't d~l\
COMMISSIONER TAYLOR: Yep. ~~~
MR. MILLER: Ms. Cogswell, please.
MS. COGSWELL: Yes. Good afternoo -......__,,'--" ·ssioners. My
name is Pat Cogswell.
The Florida --the state Florida Statu O .0327 was amended
in 2014 stating local governments a,e ed from prohibiting the
vacation rentals or regulating the or frequency of rentals, but
local governments are free to im e ther reasonable regulations.
How could Collier Coun mission go against the state
legislature and vote to re ration and frequency of rentals?
In doing so, it woul uire a --in doing so, it would require a
supermajority vote of 4 (sic) to rescind the regulation that was
unconstitutional begin with. I know it indicated that --it indicates
that the regul 1 n a d duration which you just stipulated as six
months or o you are stipulating the regulation.
Also, from short-term rentals or one day --or to less than
he new regulation which increases rentals to require a
_ ...... -........... _..,"_, .. duration of six months or more is excessive.
eal estate, in all of its aspects, is the major industry of Collier
County. That affects the following: Home building, remodeling,
repairs, cleaning, landscaping, mortgages, insurance, retail purchases,
selling, buying, and renting, just to name a few of the jobs which
employ the majority of the people in the county.
Page 200
May 28, 2019
So for a regulation basically not allowing vacation rentals
because the vast majority of vacation rentals are less than six months
in duration, it can devastate the overall economy of Collier County
when so many people rely on the housing industry for their
livelihood. All of this because of only about 1 percent of all the~
affected people complained. Any change like this regulation ~~
have a massive negative ripple effect. ~
Thank you for your time. 0
MR. MILLER: Your next speaker is Tom Whit . '11 be
followed by Colleen Irral (sic).
MR. WHITE: Yeah, hi. My name's Toii~...:,_ come to you
as representing the Florida Restaurant Lodgin 1\ sociation of Collier
County. The Florida Restaurant Lodging sociation's goal is to
protect and educate the community ~b ~.L.L~.Lospitality industry.
We are not opposed to short-111ta -r-11'!1111. tals. We understand
they're an important part of the i s , but we think they need to be
more regulated. We think the -L; .... ,LL to have --adhere to the safety
situation --the safety an · ion standards in place, and we want
them to be zoned --we w them to stay within the ordinances that
are there. We want to iyake sure they're paying the same taxes, too.
So basicall , · summary, we are in favor of your original
recommenda · to force the ordinance as it is in place, and if you
decide not o , we would like to be involved in helping steer
U-1,jl[l.4-J;i';'-' it going forward.
~~L.L~you.
MILLER: Your next speaker is Colleen Irral?
o response.)
CHAIRMAN McDANIEL:
MR. MILLER: Patricia Dailey. She will be followed by Linda
Whitmam (sic).
CHAIRMAN McDANIEL: And, Linda, if you're here, come on
Page 201
up.
May 28, 2019
MR. MILLER: Witham, excuse me. Linda Witham.
CHAIRMAN McDANIEL: To the other podium.
MS. DAILEY: Thank you very much, Commissioners, and for
all that you do and allowing us to speak today. '
My husband and I are permanent residents here in Naple{_.?NJ}'
live in a single-family home in what was once a very quiet ~ential
neighborhood . There were some rentals; mostly by sno_.r'ij · r s, but
that is certainly changing. ~~
Realtors have been pushing our community t ......--,.,.'""_,_.__._tial buyers
as a great investment property. Great for the t pocketbook,
but not so much for us.
They claim they have rights. Well, out respecting ours?
There are plenty of condomini in areas designated for
rentals, and they do not have to c single-family home
residential communities and tum t e into hotel communities.
We are now at over 27 p~-,~..,.,rentals. And the last at least six
or seven homes have all .-...-.--L_._:_"'ught by investors.
So our permanent re nts are dwindling. We do a lot of our
own home propert mayagement, and we are now down to only three
able-bodied me d the rest being single women. We have only 11
ha permanent residents left.
3/0U are destroying us. Making money is nice for
you, but pl ~F,,,.ot at our expense. Dear Commissioners, please take
P' ... ..,..fi,Jllllll11111·""'" o consideration and go back to your first ruling about
short-term rentals.
ank you.
COMMISSIONER FIALA: What community do you live in?
MS. DAILEY: Lely Resort.
COMMISSIONER TAYLOR: Lely Resort?
CHAIRMAN McDANIEL: Thank you.
Page 202
May 28, 2019
MR. MILLER: Your next speaker is Linda Witham. She'll be
followed by Kathi Kilburn.
MS. WITHAM: Hi. My name's Linda Witham. I'm a full-time
resident of Collier County.
I don't understand why you would put credence in real esta~
agents' opinions regarding short-term rentals. They knew wh\~ ~y
sold the houses in single-family neighborhoods that the ~
neighborhoods were zoned residential, which meant the._,..... s a
policy of minimum six-month rental. The same way ~• .... uvestors
knew the neighborhoods were zoned residential w ey chose to
ignore that and purchase the property they pla o only for
short-term rental.
I don't understand why you feel the d to protect them when
they knew what the rules were up fr~n ose to ignore them.
There are neighborhoods that ed transitional lodging
which allows for short-term rent 1 someone was interested in
investment property, the inve ..,,....'-"..., ould have purchased property
there, and the real estate rMlll!lll'il,~~"_._~...,._,c,ould have recommended that that
was the neighborhood tha s appropriate for them to purchase
property. Instead, they hose to invest in a residential neighborhood.
I feel as a fi time resident of a neighborhood that is zoned
residential Is o ld able to count on that zoning to protect me
when I pu ha my home.
Unfo ely, in my neighborhood we have a lot of widows.
___ close, and we try to watch out for each other as best we
ver, it is very difficult to feel safe in our homes at night
w e have no idea who is in the home next door or across the
street from night to night.
I think you were on the right track when you were going back to
enforcing the six-month minimum in residential neighbors. I ask you
to consider enforcing the residential zoning. I live in what used to be
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May 28, 2019
a nice neighborhood that is close to becoming a "short-term rental
only" neighborhood. That has repercussion not only for those of us
who will being forced to sell our homes at a loss, but to real estate tax
collections due to lower property valuations.
Thank you.
COMMISSIONER FIALA: Where do you live?
MS. WITHAM: Lely.
MR. MILLER: Your next speaker Kathi Kilburn.
followed by Jeff Jones. Ms. Kilburn has been ceded _._._, ...
from Alex Petrov sky. Could you raise your hand ~.-.iw ...
here? ~
UNIDENTIFIED SPEAKER: She had to w ave.
CHAIRMAN McDANIEL: She's n ~~e.
MR. MILLER: Sue Thackston_? "'1, ~
(Raises hand.) ""~,,
MR. MILLER: Donelda Gra__._ ... ~~ ... ?
(Raises hand.)
MR. MILLER:
(Raises hand.)
MR. MILLE :
(Raises ha
MR.MI :A.nd Mary Yacobian?
Okay. So that's going to be a total of --herself
~...., .. -r speakers that are present for a total of 15 minutes.
KILBURN: Kathi Kilburn. I thought I would take the time
ha i g these out while they were finding out who was conceding
(sic) my time.
Commissioners, staff, Naples Area Board of Realtors, Realtor
Political Action Committee, and ladies and gentlemen, my name is
Kathi Kilburn. I am a Florida licensed realtor, and I am a member of
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May 28, 2019
NABOR.
Today, however --how does this work? I am a realtor, but
today I am here as a homeowner, and I am a homeowner who has
been affected by daily and weekly rentals.
For those of you who do not understand --whoops, wrong
For those of you who do not --haven't been affected by this i
neighborhood cannot possibly comprehend the mental ang · tliat
this can cause. 0
By a show of hands, Commissioners, staff, NA~~~and ladies
and gentlemen, who here has been affected by a d ·
your house?
(Show of hands.)
MS. KILBURN: Thank you.
When I have come home, I ha v.e a--=•u.ced nauseous (sic),
anxiety, anger, and been concerne ~-~ ho I don't know is coming
in and out of the home next to ~ \ caused sleepless nights and
much stress. ~~
As a single woman,. .. ua~u..v •r--'w subject to not knowing who is
living by me. When I mo there, there was an annual tenant.
When their lease came W , 1t was turned into a daily rental.
It is widely: own that a vacation rental is the renting out of a
furnished ap-:-~-:~':,.en ouse, or professionally managed resort condo
complex o a t porary basis to tourists as an alternative to a hotel.
This term ' ""-4,~,""'tion rental" is mainly used in the United States.
ot split hairs over words that mean the same thing .
et caught up in the semantics of what things do and don't
~•Lii our Land Development Codes. Let's not get caught up in
one says there isn't and what one believes there is.
Transient lodging, vacation rental, seasonal rental, short-term
rental are synonymous, period, and to believe otherwise is beyond
reckless, unethical, and harm to others.
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May 28, 2019
As a rental agent myself, sales and rentals, I have access to MLS
and know what things are defined by. We do use the words "vacation
rental," "seasonal rental," short term," and "annual." Does it have
anything to do with hotels and motels? No . But is, essentially, that
what it is? Yes. ~
Our MLS input form for the listing of a rental property Of~
shows three categories: Monthly, seasonal or off season. ~
Season --seasonal, as we all know, is January thro ...... .,~ pril.
Off season is the other months. But in our input we ow daily
or weekly.
The dictionary for transient means "is pa · cially quickly
and into and out of an existence, passing throu r y a place with
only a brief stay." That is what is happen· in our town .
Zoning laws is why we are her; t -.c ....... ~ ... , horizing Code
Enforcement to do their job becau ave a problem. So let's talk
about their job. Code Enforcemen their own admission, does not
go out seeking violations fro ... ~..... ody for any kind. As I
understand Chapter 162, ~--ally 162.09, the administrative fines
and costs of repair and lie Code Enforcement's job is to respond to
a complaint and, i this ase, an illegal transient lodging out of a
private home. I Yiolation is found, then the violator, in this case a
landlord, is · e a aming.
If the e is peat offense, they could be fined. If there are
continuing '4Ql'i"li'llriated offenses, the code enforcement officer, from
what,-"'t!~~ tand, can give a notice to the Enforcement Board for
iance which could result in a higher fine and, if unpaid, a
said property.
I feel comfortable in saying that I have confidence in what
procedure our Code Enforcement takes to determine these kinds of
violations and am very confident that our vacationers will not be told
to leave property, will not be made felt uncomfortable or held
Page 206
May 28, 2019
accountable for these violations. It is the landlord that will be held
accountable and those violations sent to them no matter where they
live.
So to make this perfectly clear, by voting to enforce the law
authorizes our Code Enforcement to do their job: Warn, fine, an if
repeated, higher fines to the landlord. '(>
Private residents who are calling in code violations, w ...... ....,.._re
they and where are they coming from? You heard Falc ~-.~len.
You heard Lely.
Are they private and primary and secondary r,.,-....,.,....._ ......
by landlords abusing our codes with a vacatio en
run in their private residential single-family ho e ? Yes.
Are most complaints coming from t orst offenders, daily and
weekly? Yes. Are the homeowners.i Ds, planned urban
developments? Yes. Are they als ....,__n~•'-"'1-~r ... T_!,...,-OWners in planned urban
developments? Yes. And are th eowners in both the city and
county? Yes.
Does the City ofN,..,.-•,., our planned urban developments
have their own rental poli outside the unincorporated Collier
County? Yes. Are they,ab1ding by their own policies? No.
So let's not this is a county or a non-PUD thing. Let's call it
out for what · 1 · iolation of our own ordinance across the city
o regard for their neighbors' rights who are law
that deserve private and quiet enjoyment.
~..., ...... ed urban development is created by our developers who
own declarations, rules and regs, and who dictate rental
po ithin their planned urban developments. But who creates
these policies? Mr. Klatzkow, I asked you this several times, and we
said we would address this today. The developer and their attorneys,
but are they required to seek zoning approval, or can they draft
whatever they want? Who approves the rental policies? Does our
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May 28, 2019
zoning Planning and Review Departments have any role in this?
As per a letter to me dated January 28th, 2019, Mr. Klatzkow
says, a general rule, HOA rules do not supercede county ordinances,
including zoning; however, the county does not get involved in
drafting or amending HOA policy. ~
So if our zoning Planning and Review Departments do n
involved in drafting or amending association rules that incl ental
policy, who is drafting them and what restrictions must r---.L..I omply
with?
More importantly, if you vote not to enforce ~.U-.......
lead to other larger hosts of developers amen · 1c · es for daily
and weekly rentals because they know nothing 1 oe done about it?
That is my fear where I live.
Today the conversation is abo
Collier County and is not suppose
planned urban developments beca
policies. That is both unfair ~~ ·
whole. ~
e the unincorporated
-....i, ..... ude the City of Naples or
e ey have their own rental
't addressing the problem as a
The City of Naples a ur planned urban developments are
being affected also A ~ besides standing in front of you myself
today as a home er, I speak for other homeowners who happen to
live in the cit a d ples and planned urban developments. We
r message, and that is to enforce.
ypress, still under developer control, changed their
~IIIIW • Those homeowners understand the developer had
wever, as per Michael Bosi and Jeff Klatzkow, zoning
ou s HOA policies, so we believe their presence here today is
important. Those living in Winding Cypress, please stand up.
Tell your commissioners what you'd like them do it.
MS. McGOWAN: Enforce it.
MS. KILBURN: Mr. and Mrs. McGowan bought in Naples
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May 28, 2019
versus, I believe, South Carolina and may now be regretting that
decision because the rental policies are out of control and not being
enforced.
Mr. and Mrs. Schmitt bought in Winding Cypress because
Falcons Glen in Lely rental policy was so out of control that no
having the same situation. Are they, too, questioning if they ~j
Naples? ~
Our primary and secondary residents deserve to liv
lifestyle they thought they bought into. We pay taxe .__ .. i...,,are asking
local governing bodies to do their one job when as ir,c~ ..... ---the public.
That job, again, is for Code Enforcement tot_......,___ a s for those
violating the zoning laws and to take our calls r ously.
I have a listing, because I am a renta ent, in Tiger Island in
Lely, residential single-family hom~s. o ave the letter with me
today, but the HOA president sent tter to all the homeowners
alerting them that people were n t following the 30-day policy
and to please conduct themse ......... _.._ propriately.
Who's violating the · g ordinances? Airbnb, VRBO,
HomeAway, and the likes those online booking companies, yes.
However, the responsib · ity falls on those who own the property
because, essenti they're allowing this to take place, and online
booking com . .-.--...... es e a vessel for them.
Priva e ci ns buying Naples real estate for the sole purpose of
·ng properties? Yes.
who purchase their own real estate for passive income?
~ ealtors who are marketing Naples real estate for sale or for rent
on LS that do not meet our zoning laws are essentially telling
buyers we have investments for you to purchase either not knowing
our laws or blatantly disregarding them? Yes.
I will stand here right now and say, I am your colleague, and I'm
Page 209
May 28, 2019
not here to throw myself or you under the bus, but we all must
address the problem and, I'm sorry, the real estate trade is part of the
problem.
NABOR and RP AC, Realtor Political Action Committee, come
to you today armed with attorneys, code and industrial professio s,
to argue the language and words in our LDC that do not say ~~y · g
about vacation or rental --seasonal rentals. Besides those ~ ors
of NABOR here today, many of the members do not ag Q ith them
nor have they authorized to speak for them on their b ~~;. So please
understand, not all realtors stand behind NABOR' · ion today, yet
they are here today to ask you not to enforce Ia ecause the law
doesn't exist.
Real Estate 101 is to protect the pub · e have a code of
ethics to disclose what we know, an~ t 1 rently affects the value
of real estate. ~
I handed out pamphlets. Wh · s shows is a list of 7 4 homes
for sale on our MLS system w · · 10 communities that are not
within a PUD zoned not · than six months or not less than 30
days if it's in the city limi They are marketed as one-day minimum
365 days a year or eve with a minimum of 52 times a year. Those
communities ar t limited to Naples Park, Pine Ridge Estates, Park
Shore, Moor~i O e Naples, Royal Harbor, Kings Lake, Lake
Park, Fla · n&~tates, and Livingston Woods.
In the """"" ......... _ packet there are 30 listings for rent on MLS in 10
...... ..,.~_.· ~ zoned not less than six months or 30 days in the event
Naples marketing them as one-day minimum rental period
_..._ ........... es a year or seven-day minimum 52 times a year. In those
communities: Aqualane Shores, Brookside, Kalea Bay Woods,
Conners, Naples Park, Decker Highlands, Lake Park, Golden Shores,
Gulf Acres.
It's important for me to point this out as a realtor. We are
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May 28, 2019
protected by errors and omissions, and while we have over 6,500 real
estate agents, most whom do pay dues to NABOR for access to MLS,
have no guidance, education, or knowledge provided to them about
land development or use codes of zoning restriction. This is
obviously based in MLS itself.
I'm very sorry to say that I have to point this out. This
information has been pointed out purely to show that the in
indeed, is part of the problem. 0
Homeowners here today, including myself, do n _,..,__ .. _ e
attorneys, code, or industry professionals behind u . stand by
ourselves, hold to our convictions for the trut.i -'1"'1111111111:ii::. ..... ~ . ..-.. that the law
will be on our side. We feel that transient lod · , indeed, is
synonymous with vacation, seasonal, and ort-term rentals, and we
want our voices heard.
Although many could not be -.,::,.-.-t ay --and perhaps you will
find my numbers insignificant --b t eir votes do count and will be
shared. I sent over --~T1l7'T~
CHAIRMAN McD .. -DIIIIIIIIP" Thirty seconds.
MS. KILBURN: Th seconds.
CHAIRMAN Mc~ IEL: See the little timer there?
MS. KILB : Yes.
In closi , 'm oing to ask that you enforce the law. We have a
problem. he blem is not going to be fixed if we don't stop,
enforce and fix it ourselves.
~lllllllildllll"'..L iala just said, stop everything until we fix it regarding
at applies to this today.
ank you.
(Applause.)
MR. MILLER: Your next speaker is Jeff Jones.
CHAIRMAN McDANIEL: Please, ladies and gentlemen.
Please.
Page 211
May 28, 2019
MR. MILLER: Your next speaker is Jeff Jones. He's been
ceded three additional minutes from Marty Manion.
(Raises hand.)
MR. MILLER: And Mr. Jones will be followed by Lauren
Melo.
MR. JONES: Good afternoon, Commissioners. It's opp ~,
that I followed a member of our profession that criticized uN
extensively. 0
We are not here to ask you not to enforce the la . e are here
to tell you we want to be part of the solution to ad ~ ......... he vacation
rental issue. ~
I'm the 2019 president of NABOR. I've ~f n a resident of
Naples for more than 20 years. And our rd, serving more than
6,500 members, is the largest trade ijSS AJT...,,,...... in Collier County.
NABOR and its members un~1'l-.. that a diverse thriving
tourism industry is a major econ ·c river for our area, which also
attracts many new full-time re e s as a result.
As realtors, we und~~i~irsthand the important role vacations
(sic) play in our commun1 s well as the importance of protecting
and balancing the rivaj.€ property rights of homeowners.
Based on t omments of prior speakers, please understand that
realtors are n fte involved in online rentals, and we are not
responsibl for at property owners put on Airbnb and the online
sites such a 0.
"'~._,., .......... bers live, work, and raise our families in this
.._. ............. ~ ... -y. We are part of the fabric of this community and,
sp cally, we want to address the abusers and abuses of vacation
rentals. We want to be part of the solution. We believe that by
addressing the abuses and the abusers we can greatly cut down on the
problem without having to worry about a rule of law, a new
ordinance, or other governmental actions.
Page 212
May 28, 2019
The vacation rentals often proceed without any issues; the
majority of them do. We don't hear about them, we don't notice
them, and they generate millions of dollars of income in support of
our Tourist Development Council, merchants, restaurants, and
destinations. ~
As a matter of fact, in 2018 revenues --TDR revenues fr~,i
rentals exceed $9 million, which resulted in more than 25 ~n in
an estimated economic impact on our community. 0
NABOR clearly wants to be part of the solution. are
working on a plan to partner with the Collier Cou eriffs Office
to work on substantive issues that relate to qu · e ment of
property and look forward to help craft a solut1 n o address the
abusers.
We urge you to create a stakeh~l ~·-p to join us to address
the issues of vacation rentals and, · 1 ut from various community
groups, we believe we can come u · h a solution that actively
addresses the abuses that hav...,_U'._e. talked to you about today.
While our collectiv0 ~u M to implement solutions are
underway, we urge you to e some action to calm our real estate
markets. As was r,oint¢ out today, there does not appear to be any
way to enforce ~,...,ti on or frequency. Those messages would be
helpful to get in the community.
As a esu the motion on March 26th and your
on April 8th to return to the status quo, a tremendous
t;111..-• ...... certainty has rippled through the real estate market,
yers, landlords, and tenants alike. There are many real
es e on tracts for sale that have been lost or are in limbo because
people do not know what their options are.
Similarly, there are thousands of committed rental contracts for
2019. They're in jeopardy because there's uncertainty in the real
estate market what can and can't be done with rentals.
Page 213
May 28, 2019
We at NABOR pledge to participate in all possible ways to
implement solutions to the vacation rental issues that have been
presented today. We also ask that you take action to try to create
some calm in our real estate markets, which exists as it is today.
Thank you for your consideration. ~
CHAIRMAN McDANIEL: Don't go away, Jeffrey. ,, '\ '(>
(Applause.) ~
CHAIRMAN McDANIEL: Jeffrey, don't go awa~, g on a
second, Ms . Lauren. ~~
COMMISSIONER TAYLOR: I was greatly ...,,...___,,.U<Ll_raged by
your comments. So you have realtors adverti · s for daily
rentals --I've got 7 6 of them throughout the co nt --when our
ordinance says six months?
MR. JONES: The listings that.w
based on information that's provid e realtor or by the seller.
And it says right in every MLS 1 · s · hat this should be
independently verified. There' rules; there's HOA rules; there's
condo rules. We try to r .,..._~t information in the MLS, but it's
not always correct.
COMMISSIONE TAYLOR: So --and, again, I like your idea
of coming toget to try to address this, but the first thing that would
be addressed · e mmunication from NABOR to their agents that
...... ,,.. ....... th rule that can be enforced. There's nothing that
cl. We have an ordinance that says six months
IRMAN McDANIEL: Correction.
MMISSIONER TAYLOR: Rental.
CHAIRMAN McDANIEL: Whoa.
MR. JONES: I believe the County Attorney just put up Chapter
509 which says you don't. So that's what's happening.
COMMISSIONER TAYLOR: No, no.
Page 214
May 28, 2019
MR. JONES: The real estate market is in turmoil.
COMMISSIONER TAYLOR: That's why I brought this up so it
could be very clear from our County Attorney.
CHAIRMAN McDANIEL: Right.
MR. JONES: So ifwe are part of the solution, we deal wit e
abuses. '(>
CHAIRMAN McDANIEL: I'd like to hear from the C ty
Attorney. ~o
MR. KLATZKOW: I'll put up your ordinance. ~~
COMMISSIONER TAYLOR: There's an or . e.
CHAIRMAN McDANIEL: Right. ~
COMMISSIONER FIALA: Is this our or~nance or the state's
ordinance? ~-
COMMISSIONER TAYLOR:.O JO
MR. KLATZKOW: All righ could put that up.
So what the State is saying · s you are now barred from any
new ordinance, all right; that ______ o y thing we've got is any local
law, ordinance, regulatio ~-"'1~ ..... ~ita"'d on or before June 2011.
What you have is thi ur Land Development Code, since at
least 2004, has defined transient lodging facility as anything less
than six months upancy. So any zoning district does not authorize
a transient lo 1 g ility, and that's most of your residential areas ,
ot have a rental less than six months occupancy.
N McDANIEL: But that's a definition out of RT.
~-.w-a.....1ATZKOW: That is the definition out of your Land
~.,,,.111'\ent Code on destination resort hotel which, in tum, defines
ent lodging facility as anything less than six months
occupancy.
CHAIRMAN McDANIEL: And our staff has been interpreting
that to be applicable --the six-month definition is --our staffs been
interpreting that definition over to residential between --to delineate
Page 215
May 28, 2019
between short term and long term?
MR. KLATZKOW: Yes, sir.
CHAIRMAN McDANIEL: So it's an interpretation; not part of
the ordinance.
MR. KLATZKOW: No. The ordinances are right up there~
The ordinance says six months. '(>
COMMISSIONER TAYLOR: Six months. It's right t~.
MR. KLATZKOW: And staffs interpretation --a t ff is here
if you want to talk to them about this --is that, as I s transient
lodging facility is anything less than six months o ~.t-J'W ......... cy. Unless
you are zoned to have a transient lodging faci · ay not do so.
That has been the long-standing staff interpret 10 , and Code
Enforcement has had that understanding many years as well.
COMMISSIONER FIALA: Ot a . other words, the
people from Lely --~
CHAIRMAN McDANIEL: o missioner, wait a second here.
We've got --three lights are u , Commissioner, we're in the
process here --Commiss · .... _.,i,i _._ylor had a question for one of the
public speakers, and then went over into this direction.
COMMISSIONE TAYLOR: Well, I wanted to --but I --but,
no, that's part of· to define what our current ordinance --what the
law says righ w.
MR. ~ KOW: Also understand you do not have the
ordinance, all right. You do not.
~..., ......... SSIONER TAYLOR: Right.
KLATZKOW: What you have is a definition of what a
tra i t lodging facility is, and the argument is that unless you're
specifically authorized to do something in the Land Development
Code you may not do so, and only in districts that authorize transient
lodging facilities may you have one, and that's done with the RT
zoning.
Page 216
May 28, 2019
CHAIRMAN McDANIEL: Right, which is a very small portion
of our community. We're saying the same thing.
COMMISSIONER TAYLOR: Right. And so can we --with
this definition right here, the destination resort hotel --does that --
can you go into HOAs and PUDs with this definition also? ~
MR. KLATZKOW: What an HOA can do is they can b r'(>
short-term rentals in their community if they want to do so. ey
cannot authorize them. That's your Land Development~~d .
COMMISSIONER TAYLOR: Okay. ~
MR. KLATZKOW: They can be more restri -,, .. _ Just like we
can generally be more restrictive than the stat ,.,_._---
more restrictive than we are if they choose to U .
CHAIRMAN McDANIEL: Okay. ~missioner Solis --or,
excuse me, Commissioner Fiala wa~ fi ~
COMMISSIONER FIALA:
So, in other words, the peo 1
there's transient rentals or, yo .-.~--
e from Lely Resort who say
rentals actually, that's ill
, overnight rentals or short-term
. h? 'ng t.
MR. KLATZKOW: s.
COMMISSIONE FI LA: Okay. So that gives them --we
need to have so~~~i-:ing in writing, and if you would send that to me.
And anybod~ o nts it, I'd be happy to send it to you. Just notify
my office, can even call the County Attorney's Office, and
he'll send i ou.
~-.w-a.....1ATZKOW: No. The appropriate venue is to lodge a
1 with Code Enforcement.
MMISSIONER FIALA: Okay. And Code Enforcement is
also in this room.
But, second of all, if somebody is renting a house, I don't care if
it's for a week or a month or whatever, and you're renting your place
out as a business, do you have to have a commercial license for that
Page 217
May 28, 2019
house?
CHAIRMAN McDANIEL: You're not allowed to do
commercial in a house.
MR. KLATZKOW: That I do not know off the top ofmy head.
It doesn't much matter from your zoning perspective. At the en
the day, if you wanted to regulate that, we can get into those i
all right. At this point in time the use itself is not authorize, ...... -.. ...
be asking somebody to get a license for a business you
COMMISSIONER FIALA: Well, Mike is listeI~·~
Okay. That's what I wanted to know.
CHAIRMAN McDANIEL: Commissio-....--..._-
COMMISSIONER SOLIS: Okay.
something different all of a sudden.
So this is a definition of transieJlt "1111>,1'-,•-facility within the
definition of a destination resort h ~=-
MR. KLATZKOW: That is r •rn--, ..... ct.
COMMISSIONER SOL . _______ d what I thought I just heard was
that unless you are withi ..... ~.,,.,~ ... -h~__,1ent lodging --an area that's zoned
for transient lodging, not ination resort hotel but transient
lodging, that this s · x m ~th --anything being less than six months is
inapplicable? Is t --
MR. KL W: Staffs interpretation of this --
CO I NER SOLIS: Right.
MR. ZKOW: --paragraph, okay. This is all we've got in
MISSIONER SOLIS: I know. I know. I'm trying to get --
R. KLATZKOW: This is all we've got. I wish we had
something more.
COMMISSIONER SOLIS: I'm trying to put my arms around
what the interpretation was.
MR. KLATZKOW: Okay. I wish we had a short-term rental
Page 218
May 28, 2019
ordinance in the county, but by the time it became an issue, you were
preempted.
COMMISSIONER SOLIS: Right, right, right.
MR. KLATZKOW: The industry got there quick.
COMMISSIONER SOLIS: And I'm not --I'm not question
the interpretation. I just want to really understand. '(>
MR. KLATZKOW: So the staffs interpretation is: B
definition, a transient lodging facility is anything less t1}rl\ s months
occupancy. ~~
Our code says that unless a use is specificall rized, it's
prohibited. ~
So unless your zoning district authorizes ~~ans1ent lodging
facility, you may not operate a transient 1 ing facility in that
zoning district.
COMMISSIONER SOLIS: s --so anything that's not
e -zoned for transient lodging cann t
MR. KLATZKOW: Ca ............. ~ that's most of your residential.
'--'--'-That's most of the residential. COMMISSIONER
MR. KLATZKOW: s.
COMMISSIONE S LIS: Okay.
MR. KLA ....,~~OW: Why wouldn't it be, by the way?
COMM O R SOLIS: Do you know --and I don't know if
Mr. Bosi's ere, t are there any other references to transient lodging
other than ne reference in the definitions?
~-.w-a.....1ATZKOW: I wish we had more.
MISSIONER SOLIS: Okay. I'm just --I just want to
ure I've got the facts right.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: Okay. That's all I've got for now.
COMMISSIONER FIALA: Good questions.
COMMISSIONER SOLIS: You know, but, again --
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May 28, 2019
CHAIRMAN McDANIEL: Back to the public speakers.
COMMISSIONER SOLIS: Let's go back to the public speakers.
I'm sorry.
MR. MILLER: Your next public speaker is Lauren Melo. She's
been ceded additional time from William Poteet for a total six ~
minutes. She will be followed by Ray Placid. '(>
MS. MELO: Commissioners, Lauren Melo, president ....-:;., .. t of
NABOR. 0
And I'm going to get right to the point here. Ke -•V'V'-1-
"interpretation." A definition in the LDC, Land D ~~
needs an ordinance to enact it. There is no or · a
We recently spent taxpayer dollars to let t e orld know we're
open for business in order to compensate the hurricane followed
by the algae crisis, both of which ga_v e al narrative that
Collier County was closed for bus·._....,,..,..
For those funds to continue t rk, we must acknowledge that
hotels cannot accommodate e isitor. The money you invested
....... -.....ell. We need to ensure there is has worked; it has worke
enough places to support
of those solutions. /
tourism needs. Vacation rentals are one
The state 1 · s clear and prohibits a local government from
regulating th r qu cy or duration of vacation rentals if the
ordinance in existence on July 1st, 2001. Under this statute,
local gove ~""'ts also may not prohibit vacation rentals unless the
ordi.L ~ll)llili~1sted prior to that date.
1 ur position that the Collier County code does not contain
, _ _,_.,,..___,vision that would fall under the protections for pre-July 21st,
, ordinances.
I believe the county is in agreement, as they would not have
collected over nine million in 2018 in unlawful tourist tax dollars
generated from short-term vacation rentals.
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May 28, 2019
The last thing we want is to be part of any problem. Instead,
NABOR wants to be part of assisting in the solution for vacation
rentals; therefore, we urge the Commission to create a task force
made up of stakeholders to fully study the vacation-rental issues and
make recommendations; then use those recommendations to crea
ordinances that respect the rights of all property owners wh~ '?)--
allowing the vacation rental industry to operate.
We are taking this seriously and hope that you do, . We look
forward to your consideration.
(Applause.)
MR. MILLER: Mr. Chairman, your nex
I've gotten quite a few additional slips here for acid; 14 to be
exact, 14 in total. He tells me he doesn't w 1f all these people will
be here. Bear with me a minute.
Monika Haven?
(Raises hand.)
MR. MILLER: George ~-
(Raises hand.)
CHAIRMAN McD~ L: He's here.
MR. MILLE : D},armendra Patel?
(Raises ha
MR. MI auren Pla --I can't read the last name here.
P, I think. I'll come back to that.
el?
and.)
MILLER: Laurden Patel. I don't know. Okay.
iraq Patel?
(Raises hand.)
MS. McGOWAN: He put his hand up twice. You can't put it
up twice.
MR. MILLER: All right. Richard Brackett?
Page 221
May 28, 2019
(Raises hand.)
MR. MILLER: Mr. Desai?
(Raises hand.)
MR. MILLER: Thank you. I'm not going to attempt the first
~ name.
Bijal Desai?
(Raises hand.)
MR. MILLER: Thank you. ,t0,4
Laura Radner? ~ ~
(Raises hand.) ~ ~
MR. MILLER: Lois Croft? ~ ~
(Raises hand.) ► ,
MR. MILLER: Ruhul Patal? (', _
(Raises hand.) • "'1, ~
MR. PLACID: That's enoug ~~,..
Could you show me how to t 1s going?
MR. MILLER: Yeah. I' care of that, sir. It's ready for
you. That's at least 13 s ~,_..-u..,~--,~-~"eding time for him.
MR. PLACID: I'm n oing to need that much time. I, at best,
need 15 minutes~e en~ng on what happens with how we interpret
this law.
MR. MI R: will put up 16 minutes, sir, and we'll go from
there.
MR. ID: Okay. The PowerPoint.
~....,.A. ..... .L.JLER: Yeah. It's on and ready. You just need to
e on --the keyboard slides out, sir.
R. PLACID: All right. I disagree with what was said. We're
talking about zoning here, and which is a very powerful tool
governments have.
This is a use issue, and I'm going to make it as simple as I can in
terms of the interpretation of this Land Development Code, because
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May 28, 2019
I've read it, written myself a memo on it, and I've read the cases
underneath it.
So with that said, this is a use issue. And I'm going --to make it
simple, when they built the Ritz-Carlton, if they would have come
before the County Commission and said, we want to put a hotel
my street, you'd have said no. That's a single-family use. Th \l'
this is. We're talking about a use. ~
And so when you got into the definition of destinat ·
hotels , that's a use issue , and the use of less than six ... .--&_.__ ...
prohibited; prohibited in single-family neighborho
So this is a zoning issue. And if you do ' e
sort
Thursday --actually, it was Wednesday night. e judge issued an
order in favor of the City of Daytona uph ing their zoning code;
said you cannot rent for less than si ~
there were two major law
n spoke to the city attorney
alking through his Land
And that was a class-action s ·
firms against the City of Dayton
about three times already, and
Development Code, bee ......... ,. going to file an amicus curiae brief,
so I will be there.
But this is au e is~e, so let's not get distracted by ordinances.
We are grandfat ed in. We have a law on the books; we are
grandfathere ._.--.....
And ith t said, let me get to the balance of what we need to
T no longer --you know, I knew very little about this
., ... "1~~--al stuff until I had one move in 15 feet from me, and
t n this becomes personal, and that's when you start to
and this stuff.
I have met a ton of people. I've been passing around flyers,
knocking on doors. And I've talked to Airbnb users. As a matter of
fact, this week when I was passing around a flyer, and I said, hey,
you know, there's a big hearing here. Why don't you show up?
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May 28, 2019
And I said, well, before I get started, you know, do you own?
And he says, no, I'm here for the weekend. I was talking to an
Airbnb guy in my neighborhood which I didn't even know. I didn't
even know that house was an Airbnb house.
With that said, I ran into a landowner. He's got about 20 ho
in Naples Park. And he said, Ray, why are you so opposed ~o,",
And I said, because I live next door to one. ~
He says, I agree with you. I wouldn't want to live t oor to
one, but I want to operate them, and that's the proble:::;-;::-..:_~.,,;=. When
you live next door to this stuff, it adds a different · sion to it,
guys. ~
And, you know, I have a lot of friends an~ne;g bors, and I
understand we don't want to disrupt this t ism. I want the tourists
down here. We can figure out a wa¥ --ill help you with this
task force group. If you want me ill help you, because I
figured it out. I figured it out, ho t o this .
I've ran it by a couple cit t eys. I think we can do this and
still keep the tourists do ,.._..,..._ ut we can't --we have to enforce
this. We've got to shut do the most egregious, which is what I
thought we were talkin about. We didn't come down here to shut
down the touris dustry. That's not what this is about. And it's not
just about the use ext door to me. There's 2,600 homes that Jack
Wert said at living next door to hotels.
So --rt.-vw-M-et me just understand --so you can understand what
happ e the 26th. I read the paper. There's just nothing but
ation about this. What happened is he said, we're going to
get frequent fliers, the most egregious people. Is that what
we said?
CHAIRMAN McDANIEL: That's what we said.
MR. PLACID: Yeah. So with that said, we have people
speeding right now down U.S. 1 (sic). The cops can go down there
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May 28, 2019
and set up the radar system, and they will catch the frequent fliers.
Does that mean people don't speed? You're going to go home
tonight, and you're going to speed.
CHAIRMAN McDANIEL: Not me.
MR. PLACID: I'm not going to stop you from doing your ~
vacation rental, but I'm going to stop you from doing 70 mile ~
hour, and that's what these hotels are; they're 70 miles an h ·n a
50-mile-an-hour zone, and that's the problem. 0
I don't want to shut down the guys that are <loin · a
40-mile-an-hour zone. That's not my issue. My is · the hotels.
And I think that's --you agree with me. I spo to
But somehow I watched your Call to Acti n n I watched your
video , and somehow there's just misinfo~ ... "'"ion. If we could just sit
around and figure this out as a comtpu · m in Florida my whole
life. I don't want to lose tourists. y snowbirds, and I love
when they leave, for God's sakes ""'".._~..,.,, . But we can't destroy
single-family neighborhoods. a: s what this is about.
You don't want to 1 · ... -~_,:;-;_: oor to this nonsense; trust me. You
don't want to do it.
So with that s id, ~is 1s a summary. You know, I showed this
to my wife. She s, you know what, this is what --this is what my
neighbors --' ex rienced this , and this is with my neighbors.
People lea e.;:~~·v-~__, -you know, these people bring dogs. These
vacation g ing their dogs down, they let them out at night, and
they ~lllll'al"'"'g poop, and they don't pick it up.
guy next door to me rented the house. His kids were out
shing. My boat was covered with fishing line. I went and I --
you ow, I knocked on the door. I said, you know you just covered
my boat with fishing line.
He says, oh, you don't have to worry about that. We're leaving.
He took his suitcase, and he left.
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May 28, 2019
I went in there and got the fishing line off the boat, and then I
jumped into the canal and to get it out of the canal because there's
manatees in the canal. These people just --these vacation guys just
don't think like we do. They're here on vacation.
One of my neighbors was home mowing his yard. The gu:x
the motel next door said, hey, can you stop mowing your y~"b-
We're on vacation. And my neighbor almost went, are you · 1ng
me? 0
You don't mix transients with single-family ho.L.L ____ ,c,......,,=ers. You
don't mix tourists, and that's the problem. ~
It hit me last night. What is the problem ~·\~\h'.ey are
marketing to tourists to stay in single-family n · orhoods. We
never did that in the last 50 years in this c ty. We put them in
areas where they belong.
The problem is, we don't hav
You need to change some of you
stuff. We don't have enough ~ .. .,,, for these people to stay. We
don't have enough hotel ~ 1
Miami Beach has t~n'¥f hotels. That's why they can shut down
the short-term rent 1 b~ness, and they did with a $20,000 fine. We
don't have enou,.il!P--"'llili.. ... otels to hold all these people.
And the a 1 --there's a couple hotel owners here that
operate th .__~T • They will say they need the business. So why not
help them elp everybody out.
~-..-r do this as a community. I'm not here to destroy this
...__ ........... -"Ill~ ... -y. I'm here to shut down this vacation rental, daily rental.
~ciid I don't want anything less --this is my opinion. I would
pref er three months, but I will compromise at a month because, by
definition --by definition under the architectural standards of fire
codes, transients is defined as anything less than 30 days. That's the
definition. I asked an architect about this.
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May 28, 2019
So that's what they use for architectural standards. When they
design a hotel, they said, are you renting for less than 30 days?
You've got to have the special fire code equipment in here. That's my
understanding. I'm not an expert in architect, but that's what the{
explained to me. ,.._~
With that said, let me give you another dimension, and I
need a little more extra time. But this is the zoning law tha liave.
You can sit there and debate whether that's a proper inte e tion. It
is an interpretation, but that's what attorneys do, and ~ ..... ..Qll"' . ..__,,R has
known about this interpretation for over a decade, _.._.__._.I.
Zoning used to go to the NABOR hearin ba i 2008 during
the foreclosure crisis and says, guys, you can't en for less than six
months, because we had a real problem i is county. You
remember during the great recessio .
All right. Well, they went th GIJll'.'PI.... BOR said no problem, and
your Code Enforcement has use a aw to issue notice of
violations, and I'm going to s ecute, but take people to hearings
on that interpretation. N ' ever challenged it before. That's
fine. If they want to chal e it, let them challenge it.
I don't want to get · to the lost revenue and the impact. I do
want to touch u this impact on tourism because, yes, if you shut
down the vac 1 n r tal business, you will impact tourism. But I
have look at studies on this. One study says you're just
ter to pay Paul. You're taking long-term rentals --
~~IW'o short-term and replacing it with long-term rentals.
ey said overall it's about a 2 to 4 percent on any local
ec a y. I called the real tors over in Miami. They said, we didn't
lose anything, Coral Gables said they didn't lose anything, and Miami
Beach said they didn't lose anything. But, yes, that is a concern. You
should consider that.
But I will tell you it's not as bad as it can be. I mean, look, if
Page 227
May 28, 2019
they don't come down by the day, they'll come down by the week or
the month.
There's two sides to this story. Sure, there's some good sides to
this, and they can tell you the good sides. I don't have time for that.
I've got to go to work. ~
But the dark side of this. You know, Donna, you hit it o
nose. I re-watched the hearing on March 26th. I wasn't list · g
because I was so caught up in what I was going to say. t ou said,
who's living next to me? And that's --I said, well, w iving next
to you?
I Google --well, let me deal with the fir
commissioner, one of the fire commissioners. s 1d, do you inspect
these single --you know, these short-te nta things?
He said, no. We don't jump into · -mily homes. You
know, these things were built to b ~~ ccommodate single
families. They weren't built as ho~ That would be like taking --
we're going to take a car deale 1 that was built to be a car
dealership and turn it int ~....,:~"'1~-1tal. It wasn't built to be a hospital.
And these areas in s Park, some of those homes are 40
years old. That's a fire jrom Naples Park. That was not a short-term
rental, but that for a homeowner. You burn up a transient
lodging --the r p ing 18 people in Naples Park homes. I'll show
you the ad · n j a second.
They' ing homes for 12 people in Naples Park. And if that
thing ~lllliitiii~own, it's going to be on your shoulders. They're going
to y don't you enforce the law? That's what's going to
ha Do you think these guys are going to come to your rescue
and say, oh, we're going to regulate this? No. It's going to be you.
Okay. Who's living next door to you? So I Googled Airbnb and
crime. Listen to this. And I'm not --we don't have a lot of crime
here. There was a study for the 67 counties. It was done by a guy
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May 28, 2019
out of the University of Florida, and they said, how does Airbnb
impact us? I'll give it to you.
So far they've found a direct relationship between Airbnb and
crime. Where there was Airbnb or vacation rentals, there is crime,
because the crime follows it. But so far in Collier County, it wa~
minimal. That just came out, I think, two years ago, okay. '7\J
But the big cities, L.A., New Orleans, Boston, New Y ~tt'is is
the reason they're shutting down this business, because e having
too much problems with crime.
Charleston, South Carolina; Savannah; Lond
Barcelona. I've researched all this. All of the
and there was a lot of it, and you don't hear ab
doesn't report it, but the people do.
And here's what they --here's wh e of the headlines.
Police say Airbnb rentals are incr ---....,,7 _ being used for --
increasingly used for human tr~~~ 1 g. Hookers are turning to
Airbnb --~:,
THE COURT REP : I'm sorry. You've got to slow
down.
MR. OCHS: You~ got to slow down a little bit so she can --
MR. PLAC I'm trying to speak quickly so I can go home and
these guys c <~ h e. I'm sorry. And I pity your job. You have a
tough job. ......_""
CHArln..-......~ N McDANIEL: How much time does he have left,
I need about six more minutes, and I want to be
lease. If you can just listen to me for six more minutes.
CHAIRMAN McDANIEL: We've got to give her a break. I'm
just --I was asking Troy how much time you had allotted left.
MR. MILLER: Mr. Chairman, we had set the timer at 16. He
was allotted several more minutes than that.
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May 28, 2019
CHAIRMAN McDANIEL: Okay. And I'm not pushing you,
Ray.
MR. PLACID: I know. Just, please, I want to get done. I want
these folks to give their story, and let's go home.
At any rate, there is a crime problem here, guys. If you don
believe me, just Google Airbnb and rape and Airbnb and dru~,
you'll get 50 or 60 hits, okay? It's there. ~
All right. You know, I've already said that, you kn his stuff
follows Airbnb. Here's the flip side of this: If we do force , then
ifwe do get a crime problem, crime can hurt touri o you're
running --you're doing a balancing act here, ,,,.......-.;c n so that's why
we need to work together, because I want the o e able to book
their bookings , but I don't want a crimina xt cloor to me, and I
don't know who is next door to me. •
And you know, I want to tell e realtor that rents that
house next door to me, she's abo t s rofessional as you can get, and
as professional as she is, I stil_~---problems.
And the landlord, I' ,,.., __ ........ ~_t-_._1m. They're good people, okay.
They're good people. But u can't control this business, because
you guys don't show up,ifter these --I'm the first one that sees them.
You book them ually. That's what happens. And they show up.
he e good and sometimes they're bad. Not always.
they're bad.
ow, here's the question: Who should regulate? I
~...-of the other hearings, April 9th, April 28th --I've been
_, ... .q,· ....... g all these tapes --I know one of the real tors said, well, let
tors regulate this. I think there's a huge conflict of interest.
I'd say no.
I don't like government getting into anything. I'm not a big fan
of government, but I'll tell you right now this is the time for it.
You've got Code Enforcement, you've got fire marshals, you've got
Page 230
May 28, 2019
the police. Take care of it.
And then when we finally clean up the daily rentals, back off
and let the realtors take care of this. But right now it's out of control.
Now, what do I mean by out of control?
I've got to speed up.
I'm going to go to Naples Park. These will the listings.
look them up. This house is for 12 people. This is a house · aples
Park. This is a big house. I think it's a six-bedroom, si ~l\ t house;
18 people. If there was a fire there, God forbid. ~ ~
On my street or two streets down, there's a bi ,~u know, I
live on the water, okay. These houses are mu b1 er than these
Naples Park houses. They're marketing those u es for 16 people a
day.
And I talked to the owner next .do a said, this is driving
me crazy, okay. This is a proble . ~
And I'm not going to sit here tt'blame on anybody. I mean,
there's good realtors and there' a realtors, and I'm not saying these
are bad realtors. They're· t ing to make a buck.
Anyway, oh, I know. ere is a slide I want you all to see. This
is Naples Park. Al tho,e b ue dots are daily --daily rentals.
New Orlea - I read an article. New Orleans was complaining
ch uarters was being turned into a motel district.
k. Somebody told me the number was up to 1,200
l;»..,,,..~.,,2,600 homes in Naples Park, 300 multifamily. Up to
~~ ... y. That's incredible.
if you look across the street, I think about 20 percent of the
--there's five on my street; five. We just went to one of the
homeowners and said, could you please stop doing this? He said,
yes. He put his daughter in there, but then the very next day
somebody sold their house, and they turned it into a vacation rental.
So we were down to four. Now we're back up to five.
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May 28, 2019
What can I say? And I just talked to a realtor --and I'm done.
This is a true story. I just talked to a --I ran into a guy. I said, hey,
you know, are you coming to a hearing? He says, no, I rent. He
says, I'm trying to find a place to rent.
And I said, well, you know, talk to the guy just across the st
He says, well, no, it's a monthly rental. It's a daily --it's a we
rental. They want 5,500 a month. They want whatever for
season. I'm trying to rent it for three years, but they wo_1',d it
because they want to keep it short term. ~~
And I said, maybe I'll talk to the realtor. I'm ing to
mention the name, but I know her. This guy' er. He's be a
perfect tenant. But, no, I might have to be livi it tourists. And
like I said, I love my snowbirds, but I do ~.1-nt to live next to them.
Thank you. • "'1, ~
COMMISSIONER FIALA: ~ ¥at is your name, please?
MR. PLACID: What's that?
COMMISSIONER FIA hat's your name again.
MR. PLACID: Th ~::·.:.._,.0
.. ..-"flrl.'"""s who's asking.
CHAIRMAN McD~ L: You're on TV.
MR. PLACID: M name is Raymond Placid, like the lake,
P-1-a-c-i-d. A
And, gu ,J e~-Jeff, I'll be happy to work with you. Okay.
CO I NER FIALA: Thank you. Excellent presentation.
(A pl
AN McDANIEL: Terri, are you ready? We're going
0-minute break and be back at 5: 17.
brief recess was had.)
MR. OCHS: Ladies and gentlemen, if you would please take
your seats.
MR. MILLER: Mr. Chairman, are you ready to return to public
speakers?
Page 232
May 28, 2019
CHAIRMAN McDANIEL: Yes, I am.
MR. MILLER: Your next public speaker is Brad Estes. He will
be followed by Rich Townsend.
MR. ESTES: Good afternoon, Commissioners . I'm Brad Estes,
Poinciana Civic Association. Thank you for having this hearing' ·
I really have nothing to add. Each of you have got a cop ~'1r
email, and that outlines our opposition to short-term renta1' t ank
you . '-'
MR. MILLER: Your next speaker is Rich Tow~~::!,~. He will
be followed by Henry Patel. ~ ..
COMMISSIONER FIALA: What did h ~~
COMMISSIONER SOLIS: They're oppo e to short-term
rentals.
MR. TOWNSEND: Hi, there .• G moon. First time here
at a meeting. This is an education . ~
CHAIRMAN McDANIEL: o about that?
MR. TOWNSEND: Ye here --just the short term of it is
to say I support some so....t-Alllllllt-· ging the stakeholders together. This
is a really big deal for the ~~::munity for so many things. Let's get --
let's get calm minds to g,ther and figure something out. I'm sure we
can do that. A
I don't ~ ~body who wants a party going on next to their
home. No one nts that. I think we can work this out and figure
So that's what I invite you to do. I know there
~~ have been some conversations here which I'm really
,,._ .... 'l""' about like a hasty decision. Let's just go ahead and
en this thing. I think that's really short-sighted. That's throwing
the oaby out with the bathwater. You've got a few people that are
causing a problem. Let's deal with that and get that sorted out.
I've got to say, also, I am a bit offended by the comments that
have been made about realtors. I'm a realtor. I'm here as a
Page 233
May 28, 2019
homeowner. I've made maybe $1,000 in 10 years renting --as a
commission renting a rental, but there's a tone here that realtors are
here to --they're only here to make a buck. That's really
inappropriate. So that's what I've got to say. Thank you.
(Applause.) '
MR. MILLER: Your next speaker is Henry Patel, Mr. P\' ~'ls
been ceded additional time from Nick Patel. ~
(Raises hand.) ,t 0
MR. MILLER: Jayesh Patel? s~~.
(Raises hand.)
MR. MILLER: And Mike Patel for a tot ,____ 1nutes.
Mr. Patel will be followed by Laura Puckett.
MR. PATEL: I'm just going to ask friend hotel owners to
just stand up in support so they can ~e represent a group of
hotel owners. ~
Gentlemen --ladies and ge d ~:~~n, thank you for your
community work, because I' ....... -!..~-Uy working just like you in City
ofMiami. ,..O~
But I'm past chairm~~the Asian-American Hotel Owners
Association. I'm from ~iami, Florida.
I happen to resent one of the most burning issue. I moved
into this cou in 86, and now this is my adopted motherland.
One th ings I uphold the most in the world when I travel as
an Americ ~..,-w is that the law and justice and judiciary is the most
trans ~~ can ever find in the world.
-"'"""'~'11111v ind of baffled when this whole vacation rental and Airbnb
ca ____ .,,,,-__ and claiming the short-term rental and whatnot, but the fact
is the zoning law supersedes.
Why should anybody punish the people who have followed the
law in the books for years and years? We followed the rules in the
books the day we bought our properties, which is the zoning rule.
Page 234
May 28, 2019
Now all of a sudden there's a collapse in that real estate market and
some investors --and God knows from where. We don't even know.
These investors are either from Russia, from China, from Brazil,
from Chile. They might not be one of your borders (sic), sir, but they
happen to invest money and make the money online sitting in the
home in other country. Now they should be rewarded for the
which are --we followed the rules. We followed every zon=--·--~·
As a hotel industry we are overregulated, in fact. H ve fire
laws . We have ADA laws. We have every other law. · ding audit
laws from state and county for the taxes we collec ....,..--.rv body can
walk into our hotel and ask for our guest ledg ~ have to
produce every document. And now somebodyl,aying that we should
be compromising? I don't think so.
The crime statistics, if you loo ~ --on't want to be
redundant to the previous speaker, ,_ ....... ._ y, but the crime statistic
speaks for itself. Record numbe imes have been contributing
factor to Airbnb, and the reas,.._ ...... .,.. g is simple: A lot of people who
don't stay at hotel and go , there's easily accessible information
for people who are perpet rs of crime. They going to a
neighborhood in Naple looking for an Alabama tag in a non-hotel
district. He kno this person is not living here. While at hotel, we
have adequat s cu , lighting for our guests.
One th · cidents which happened about last year in Miami
when a o ,..,.,.,,.._...dy was staying in a condo, she found cameras in her
bedrr\d,S.-.Ul•~·-.... •-d this is online. You can Google it, ma'am. It's twice
h 1111f'R'R111:1 already. It was on media.
hen police was called, the answer was, ma'am, you have
rented somebody's private home. This is not a hotel. Nothing I can
do about it. Guess about that --think about that.
Another big impact --because of some of the trade we don't do,
we don't understand the impact, but there is --we had a good
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May 28, 2019
dialogue, and I've been a very active participant in what's going on at
the state level of this --of Airbnb. And I'll tell you how quickly the
theme changed, because I've been there last four hearings in state.
When the first time the bill was presented was, our servicemen, our
senior citizens need some extra income, so they should be allowe to
share their home, which I'm fine. I do agree with that. '(>
But, you know, same people who proposed that bill ne ear
went for five extra condo rentals --from the language o r icemen
and police and senior citizen need money to five add· · 1 renters.
Same people. And I've been there every hearing a:--~,•~~tate level.
The objective was not to help our senior~ ·ective was to
allow more money, more condo investments to~ake money and
don't report income.
But the impact on job market, i us ., ... "111. ... J~bout this. From a
housekeeping job to a marketing j austry. We hire a lot of
people. When you rent an Airbnb, ou see any middleman in
this? No. You rent a room o e nd you grab a key, and you go to
a condo. What happens T-~L-~ople?
What do we promise ur youngsters who are going to Gulf
Coast University o wh are going to University of Florida or FSU
who are literallY◄ ending their lifelong career in hotel, tourism, and
resort manag~ ____ nt, nd they're losing their jobs because of it.
ere · research going on, because we're going to submit
tate of Florida. There was a request by a state
'm going to submit that. By the way, I did run for state
016.
I heard a story. One of my friends and I go to a gym in
Miami, and he didn't know that I'm a hotel owner. But while
walking --while running on the treadmill, he makes a comment. Oh,
by the way, I own Airbnb. He goes, I own two Airbnbs.
I said, what do you do?
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May 28, 2019
He says, one I rent it for monthly, and the other one I do daily.
So I said, so what does --how do you manage it?
He says, the guy who goes daily, the monthly one cleans it, and I
pay them cash.
So just think about the impact of the dark economy which
industry is creating, because there's no regulation of audit on
absolutely not. And there is --even at state level, they are ...... '--'..,_
to say, let's get every record of people who do vacation t
audit.
I'm pretty sure all of you will agree there has ~ .. .,._
playing field on everything if you allow that, · t. ow can you
have hotel who is all regulated ADA --and, b way, we have a lot
of frivolous lawsuits on hotels.
But ADA regulation, fire reguljlti a t regulation,
everything, and they have no regu follow, period, not one.
And just think about your c · t erywhere you go in America,
somebody said, my parents w · oving to Naples, Florida,
because this is a very we - · ed retirement community all over the
country. Guess what? Y ' e losing that charm.
There will be eo u,e drawing an ugly picture. Oh, by the way,
the tourism will down. By the way, people --no people come to
Naples, Flori . n I --I already have gray hair, but when I want
to move, I' 1 m to Naples. I love Naples.
Peopl e real good sense of liking for Naples as a retirement
ut, again, some of the people made comment, do you
s somebody next door every other day?
e get incidents in Miami every other week on media, 20, 30
people partying, smoking, illegal parking and, of course, loud music
and noise. Just think about it. If we make a --if we make a leniency
to the zoning law now, would you like to have a nightclub next to
your house because we made --we set a precedent of allowing a
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May 28, 2019
leniency on our zoning law? No. Nobody would like that. So why
should you allow somebody else to do this? Why?
I gave an example at state hearing when one of the state senators
or state representatives asked me a question. I said, just think about
it. Us hoteliers, as soon as a law enforcement officer walks in,~
provide the guest ledger and a guest registration card so they q~
every information of person staying in. Think about in a ~
neighborhood of 50 or 70 homes. There is one person 1 a serial
killer loose. How the police is going to find it? How.· it happens
to be one of the Airbnb renters. At least hotel tak __ ..,...u .... '"'nsibility for
their guests' security, and we are on 24-hour ...... 'f"ll~-o ent where we
keep eye on them.
Another scenario: Our industry has n contributor to the
major taxes throughout the years. I t Y e infrastructure and
development come from our hard ur blood and sweat, our
investment, but we have raised all - e have collected all these bed
taxes where you see the <level:,,,,,,. --JJ'I ~-~~-.., ............. ts like the Marlin's Stadium in
Miami or the Dolphin's ....,,.., ... __ . That comes from the bed tax
money which we work ha or. We have been contributor, but we
have been taking risk w. · h t at money, our own investment.
Only work ple because ignoring us as hotel owners, we have
worked hard r thi Our wives, our kids have worked hard for
where we are, but today we are losing business
nfair competition.
rvived the BPR spill, barely. We survived the
· o in 2008, barely. So many of our guys turned their keys
the bank, while I turned a key back to one of my friend's
property to one bank. I don't know. So this is unfair.
So I request all of you, gentlemen and ladies, to uphold the law
which is a zoning law. Yes, they will be saying, oh, we'll have
challenges. No. Daytona, Miami, both were challenged in a court of
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May 28, 2019
law, and both the cities prevailed in the law based on zoning issues.
So I think you should be bold enough to state whatever our
zoning laws says, we're going to follow. Because at the end of the
day, what is leadership? Leadership is not where the masses stand.
Leadership is where the leader is going to stand even if there's on
person who is right. '7\J
That's the example we learned from the life of Gandhi dY
want you to take a leadership and stand on the right side (:';
Yeah, there will be lawsuits but, of course, we h ~IQ, lot of
attorneys. And no offense to any attorneys, but w
what is right. That is the leadership. People e r ou looking at
your leadership skills, and you should stand an u hold the zoning
law to protect the people who have follo w the rules for over years
and years again. • A,
Thank you and God bless yo ~~,
CHAIRMAN McDANIEL: e re you go, Mr. Patel. One
second, sir.
COMMISSIONER ~__, RS: Just a quick question. And
you may not be the right p on to ask.
MR. PATEL: I'll VJ'.
COMMISS ER SAUNDERS: But you've obviously
g · sla re for several years --
: Yes, sir.
IONER SAUNDERS: --on this, and you're
~~..., ......... iliar with the hearings; you've participated in those.
o ou see any possibility that the legislature may backtrack on
riction on short-term rentals that they have in place right now,
the law that went into effect in, I think, 2011?
MR. PATEL: I'll give you the facts. Not the fiction, but facts,
what I know.
It's been three years they've been trying, right, but I have seen
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May 28, 2019
more and more bills being turned in support of our industry, even this
year.
I'll tell you, Chip LaMarca, Representative LaMarca, then there's
state senator from Jacksonville. He entered his bill. That was a bill
entered from one of the state senators from --I don't remember
name, sorry. I apologize. But there are more bills being ente
because this 2011 law, to be very candid --this is my opinil1fflll* was
written in a strong knee-jerk reaction by state. I'll be ve c did.
How can you write a law when you know every cityl~~_._""'y has a
zoning law which supercedes? How can you wri ~r like that?
Just think about it. ~ ~
Don't you think the zoning law is written ~r :a reason that --not
to have a big industrial complex next to y single-family residence?
But this was --and it is vaguely wri ite , · look at it. "May."
The attorneys understand what th ,,_,.,,·-· g of "may."
COMMISSIONER SAUND . Thank you. I was just
curious as to --~
MR. PATEL: Righ . ~fuere have been a lot of bills entered,
as I --if I can send inform · n. I don't know off top of my head, but
all the bills whic~ere ntered, I can send information for more
knowledge.
COMM O R SAUNDERS: That's all right. I was just
opinion as to whether or not there may be a change
lahassee over this issue.
~~ TEL: Yes, there is. Governor Scott didn't sign any bill
e · never made it to the first --it never made it past the first
ttee; the preemption bill, I'm talking about.
The bills which I'm talking about in support, they made it to the
second committee. The preemption bill made nowhere. Three times
in a row preemption bill made nowhere.
And, of course, they're getting big resistance from City of
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May 28, 2019
Miami, Miami Beach, even now Orlando is waking up, and if Collier
County wakes up, then we have bingo.
COMMISSIONER SAUNDERS: I think we're awake.
MR. PATEL: Okay. Thank you . God bless you.
CHAIRMAN McDANIEL: Bingo, is that what he said?
have bingo?
MR. MILLER: Mr. Chairman, your next speaker is L
Puckett. She will be followed by Dorothy Gill. 0
MS. PUCKETT: Hello, everyone. Thanks for g here so
late tonight, and appreciate everything you guys l1 d
My name is Laura Puckett. I'm an owne a c tion rental
management company and a real estate compa n own, and I'm
also the president elect of the Vacation R al anagers Association,
which is a statewide organization. We nt over 400,000
vacation rentals in the state of Flo · ~ our chapter here in
Southwest Florida is also very st
So I just want to step up y that we work with
municipalities across the t this same exact issue. We --our
board meets with County orneys and staff, and we have model
regulations that ca be ~t into place. We can work around existing
ordinances that -opefully I'm going to talk to the County Attorney
about some o e del ordinances that we have. And we have
enacted th essfully in different municipalities, and they're
have those to point to.
,~..._.,,, ... er thing I'd like to say is, personally, my family's been in
unty since the 1950s. Always been having --always been
homes and different real estate properties.
Nothing's changed in the zoning ordinances in all these years.
The only thing that's changed is now we're being told that we're not
legal.
So --and when we talk about changing the fabric of the
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May 28, 2019
communities, I grew up in the Moorings, and half the houses in the
Moorings were empty most of the year. They had people come in
three months out of the year, and the rest of the time all the houses
were empty. So now at least some of these are getting used.
We're contributing over $9 million to the TDC coffers to he
support tourism. The exponential effect of the money that w:!:::..£/5-
bringing into the city economy is just incredible .
So let me just check my notes here. I'm sure I hav 1 more to
say. I want to mention to Mr. Patel and the rest ofyo_._i.'¥1-t vacation
rentals now house more heads and beds in the stat ~-.......... orida than
hotels. And Marriott is now the largest mana,-,,.._ ___
in the state of Florida they just acquired a zilli , o they will now be
the largest manager of vacation rentals in state of Florida.
This is Uber guys. We need to.ev. e need to come up
with reasonable regulations. I've ......., .... ,._e out to all of you. I've
reached out to the TDC, and hoP.e I can help be a part of the
solution. ~ ~
Thank you. "-,I
CHAIRMAN McD~ L: Thank you.
MR. MILLE : Y~r next speaker is Dorothy Gill. She will be
followed by Ala alton.
MS. GI : H o . I am a homeowner in Golden Gate City.
ing me speak.
been participating with Airbnb. I represent a lot of
~llllillW",....,re not here just for vacation. I have had many guests
traveling nurses, physicians. There were medical
.L--...,i,v ians, and many --like firefighter trainers, trainees who did not
one-month, three-month six-month stay.
One of the firefighters in training, her parents --she was young.
She's going into firefighter training. Made no sense, but they didn't
want her to stay in a hotel. They wanted her to stay in a place where
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May 28, 2019
they could, you know, check everything out. But, you know, they
liked our place. They went through several different Airbnbs to
check which one they liked, so ...
But it's not just about making it so that --there are bad apples. I
agree with that. This task force they're talking about doing, that'
would be great. I'd love to be a part of it, but stopping it com ~S
is not going to make a difference. It's not going to help. S ts
basically what I have to say, so... 0
But I would like to be a part of it , and I hope th ..... -.--''LI"""".._ guys will ,
you know, not stop it, like rescind what you had v.,~ ... ,~ .. r before. I
would appreciate that, and so would the peopl fl ou know, don't
need to stay for a month. They have sporadic ...,,,.,_.LJL'-ldules. A lot of
hotels wouldn't, you know, agree with them es they can check in,
stuff like that, so... • "'1, ~
All right. Thank you. X,_ ,~,
(Applause.) .\..>
MR. MILLER: Mr. Cha· a , your next and final speaker on
this item is Alan Dalton.
MR. DALTON: Go fternoon. And, again, thank you just for
a few minutes. /
I just want o just off er a voice to support the task force option
ut you. I think it's a smart thing to do. I think it's
aking this on. Obviously, this is --around the
omething municipalities are trying to work with.
~~ properties in Washington, D.C., and Denver, Miami, all
ontrol measures that the municipalities put in place, but the
line is that I would just like to off er I think a lot of people
who are challenged by or uncomfortable with the whole concept of
vacation rentals, I will say probably the vast majority of those have
never stayed in one.
I travel to Europe; I travel all around the country. I prefer to
Page 243
May 28, 2019
stay in a vacation rental. It's a different experience. This is why
people are doing it. They prefer it. We call an Uber now instead of a
taxi.
There were times in other meetings where you could have a
whole lineup of taxi drivers instead of hotel owners, right?
People don't want that now. There's a place. There are ~ei
who want that; other people don't. Times are changing. ~
So we have to adapt. And I think you're brave to t""".------=t~_is on.
The task force , I think, is a great idea. Let's put the ogether
and come up with something that works for every That's all I'm
saying. I thank you.
(Applause.)
CHAIRMAN McDANIEL: Thank ~
MR. MILLER: Mr. Chairman-I is name earlier; I could
not read it properly. It's Kathleen
CHAIRMAN McDANIEL: r
MR. MILLER: Appare
mispronounced the name
was present, and I
CHAIRMAN McD ~.-~~-~L: She's been very patient sitting there
glaring at me. I'll say t~t. You want to speak? Come on.
They wouldn't let me bring the dagger. All right.
cDANIEL: She is our final speaker.
Kathleen Elrod.
N McDANIEL: Yes, and our final speaker.
"'-"'lllit:.-...~..L OD: Collier County native, realtor, and sitting
~llllh::l,"""~f the Code Enforcement Board.
s I watched the shenanigans of our elected officials, I can't
help but wonder who you are serving. Is it Naples? Collier County?
Investors? Home buyers? Sellers? Tourists? I'm confused .
If the short-term rental is unlawful, then where is over the
$9 million you collected from the tax from the short-term rentals?
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May 28, 2019
These monies were used to market Naples on the Gulf to visitors with
the hopes that they would become repeat visitors and residents either
for full or part time.
The fact that the community has come here on three different
dates to just adjust this issue is a waste of our time, too.
I also host on Fifth A venue South. I talk to tourists eve ~ ff e
day. These people are not going to stay 30 days or more. J:.~'re on
Visas. They're from other countries. They're looking £ · estment
properties to move to when they retire. They don't h e kind of
time where they can rent this much space for that .1'!"!1~
You cut off our short-term, they're going tog o
Everybody says that we don't need the re n e. We keep
raising taxes on everything else. Where's sliortfall going to come
from? • A,
Marriott has just become the · ~renter of short-term rentals.
I don't know.
I know that some hotels · ng to --are losing revenue for the
short terms for Airbnb a t and that's their problem, but you've
created a lot of distrust an · securities in our rental markets and our
real estate. You need t fix it --find a solution before you undo
everything else. A
With yo ~o~oday for the previous case, did anybody think
that they j t p whole bunch of people out of work when you
decided to · d that and --or cancel it and think about it for two
~~ sit.
_......,....,la use.)
AIRMAN McDANIEL: So with that --
MR. MILLER: That is it.
CHAIRMAN McDANIEL: And that's the reason she was
glaring at me.
Any discussion, or you want me to go?
Page 245
May 28, 2019
(No response.)
CHAIRMAN McDANIEL: I don't have anybody lit up.
COMMISSIONER FIALA: Oh, I'll light up.
CHAIRMAN McDANIEL: Okay. Well, then go ahead,
Commissioner Fiala. ~
COMMISSIONER FIALA: You can go first. ~
CHAIRMAN McDANIEL: No. I always like to hear ~•...,,. my
colleagues first, and then I'll try to herd afterwards. 0
COMMISSIONER FIALA: Well, I liked the id~.., .. _..,t --
CHAIRMAN McDANIEL: Speak into the --.r-,~one, please.
Please. ~
COMMISSIONER FIALA: I wasn't ve~ar from it. Do you
want me to get closer?
CHAIRMAN McDANIEL: N ~, oing fine now.
COMMISSIONER FIALA: . t. I like the idea of maybe
seeing about one-month, three-o t entals. I don't like the idea of
making it any shorter than on ____ __,o h rentals. You hear people
coming to town all the ti ~·T.......... fly in for a month. They don't want
to stay in a hotel for a mo They want to stay in a short-term
rental. /
But I think t everybody should --I think everybody should
e d of an occupational license or a commercial,
license be _,,,_ at's a business now. It's not a neighborhood
us1ness.
AN McDANIEL: Right.
e e, we're going to ask for --we've closed the public hearing.
you.
COMMISSIONER FIALA: And that way then people in the
neighborhood, if you're going to buy a home --I know if I was going
to go and buy a home, I certainly wouldn't buy one in a neighborhood
where they have a bunch of short-term rentals.
Page 246
May 28, 2019
I don't want to live in a neighborhood and buy a brand-new
home for my family but in a house where there are people moving in
and out all the time. I would want to make sure that I knew that there
were short-term rentals in there. Maybe to do that would be to have
one month or more or two months or three months. No less than
month, though, a commercial license. So that's just my offeZs:
this moment.
CHAIRMAN McDANIEL: Commissioner Solis. 0
COMMISSIONER SOLIS: You know, the pro ~~~-e have
ts --CHAIRMAN McDANIEL: Several. ~ ~
COMMISSIONER SOLIS: We have lots ~f '--we've got a lot of
problems. But, you know, everybody's ri is the problem; that the
short-term rentals are changing the u at ngle-family
neighborhoods and condos and thi 1 that. I'm not that
concerned with areas that have --•---= and associations, because they
control their own destiny. Th""-1
~ not like that, but HOAs have
the ability to enforce the ·~wti_.A41 ocuments. In fact, they're in a better
position than we are, beca our hands are so tied.
But we've got thes areas of Collier County that are --there's no
mechanisms, no As, no ability to address this. I mean, I
understand . lac 's situation. It's in my district. It's bad;
however, i we n't change the definition of what a short-term rental
it's a month or more than a month or less than a
ounty Attorney has told us that repeatedly.
is too important a decision to make, I think, today. There
ar er ordinances, I've heard, from several and other places that
may off er some help for us to do something that will address it in a
productive way as opposed to a nonproductive way.
I am very concerned that if we just say we're going to enforce
six months, you know, the seasonal rental market --
Page 247
May 28, 2019
CHAIRMAN McDANIEL: Will collapse.
COMMISSIONER SOLIS: --I would say that the majority of
people that come to Naples that become great residents of Collier
County, that purchased waterfront homes, you know, homes on ~lf
courses, really expensive properties that become great residents ~
Collier County, they don't do that just walking in here cold. ~~
come on a seasonal rental for four months several times in ~r --I
mean several times before they purchase a property. 0
What we're talking about is, if we can't go and s 're going
to enforce this six-month rule, we're going to kill t d that scares
me, because that is a significant part of not o t
market but the future real estate market, becau
that invest in our community.
We have to figure out a way to.a s e most disruptive
players. I don't think there's that them. I think they're
somewhat limited compared to t her of people that come --do
a season here to make sure it'~~, e they want to live, and then buy
a home. ~"-I
I think that we nee~~-and I was going to ask the staff this. Is
there --do we have an:¼ ina of advisory committee, a standing one,
that could help et this? Is there any mechanism for doing this?
MR. C ~ GUIDA: TDC is your advisory board for
nt, but it would probably be some sort of task force
ecifically for this one item, I could think of, sir.
""-:~""iiSSIONER SOLIS: I mean, I hate to say this, because
o involve more staff time, but this is, in my opinion, way
to ortant an issue to kind of do this on the fly, yes or no, you
know, it's all or nothing. I just don't think we can do that.
I think we have to create some kind of a task force. They can
look around the state, look at the ordinances, look at our Land
Development Code, work with our staff, and come up with something
Page 248
May 28, 2019
that's viable. We can't just say it's all or nothing because, one way or
the another, I think Collier County's going to lose. That's it.
COMMISSIONER FIALA: But the composition of that
committee would have to be very carefully planned.
COMMISSIONER SOLIS: Absolutely. ~
CHAIRMAN McDANIEL: Well, Commissioner Taylor '(>
COMMISSIONER TAYLOR: Well, I'm going to de£~ our
commissioner next to me, Commissioner Saunders, whirl\ s cally
said at the last time we heard this --sir, what was yo ~~
recommendation?
COMMISSIONER SAUNDERS: Well,
accomplish back in March was to take a look a t ese daily rentals,
primarily, maybe weekly rentals, but cert · 1 t e daily rentals, and
have our Code Enforcement folks r ~al e ressive in dealing with
the most --and I used the term eg --the most egregious
violators.
There are a few, apparen . ._._ .... _.,.,.,re are not a whole lot, but there
are a few owners of thes~Alll.:_n..._,f_,<::i that will rent on a daily basis, and
they don't care who they r to, and the tenants that are renting don't
care how much noise t~y make; they don't care where they park
their cars. And --and they don't care about --some of those
renters don't r a6 t whether they're violating any sign ordinances
in terms o the · ns that they use.
So I t ~.,,...---t that if we just focused on complaint-driven issues.
~~·~, using the term most egregious, the most egregious
~..,.,,.~ ere, that we could send Code Enforcement out to deal with
Now, it sounds like we can't really --I don't want to send the
signal that any rental less than six months is a violation, but I do want
to send a signal that perhaps we can send Code Enforcement out to
deal with anything dealing with noise and all of the codes that we
Page 249
May 28, 2019
have, while we're doing that, develop some more stringent codes, and
those codes would apply to all rentals.
Under the state law, we can't pick out short-term rentals and say,
these ordinances apply to them. It would have to apply to all rental.
But begin to crack down on at least the turmoil that's being creat in
some of these neighborhoods. '(>
So I think that's where I'd like to see us go, perhaps. ' not
going to try to regulate the duration of a rental, but we'fj: 8j O g to try
to--~~
CHAIRMAN McDANIEL: We can't. '~
COMMISSIONER SAUNDERS: --cra~o on any code
violation and at the same time develop stronge c cles.
I do have a question for the County omey, procedurally, as to
where we are, because we had a moi io nsider the motion that
I had made back in March dealing f orcement, and so I'm not
sure whether we have to unwind t t r where we are procedurally.
But once we deal with t _,.,.""._cedural issue, I'd like to see us at
least go after all of these ~'V'l.._...__olations that we can that are driven
by complaints from neigh s.
MR. KLATZ O ell, my office was working with Mr.
· n the process of identifying the most egregious
en e motion for rehearing came, and we just
e will of the Board what we do.
IONER SAUNDERS: So where are we
KLATZKOW: Procedurally --procedurally we're frozen
un e Board makes this decision. Which way do you want to go?
Do you want us to --
CO MMIS SI ONER SAUNDERS: We voted to reconsider.
MR. KLATZKOW: Right. And if the direction here is no, we'll
continue with your original direction on that motion to go after the
Page 250
May 28, 2019
more egregious short-term rentals. That's what we will do.
COMMISSIONER SAUNDERS: But the original motion
which created all the problem dealt with the duration and, apparently,
we're not able to deal with the duration of a rental.
MR. KLATZKOW: That's right.
COMMISSIONER SAUNDERS: So we would want to f'
that motion and then deal with the code. ~
MR. KLATZKOW: Well, when you're talking ab t code,
the problem we're creating is uncertainty in the mark--.,u,--uause as
long as we say these things are unlawful, there's u ~·~1nty in the
market now, all right. If you're talking about a going after
other code violations, such as noise, for examp , learly we can do
that.
COMMISSIONER SAUNDE .... "'"~~ what I'm talking about.
MR. KLATZKOW: And we~.1~ ays do that.
COMMISSIONER SAUND:::;.........__. . .,, .. That's what I'm talking about.
Let's unwind of issue of whet short-term rental is legal or not.
Just unwind that motion. --"~1111r .. ,,.ing a position one way or the other
on that, but just unwind tH ...._,,.~~otion, and then direct staff to utilize
Code Enforcement for ~y ype of violation that occurs on these daily
and weekly rent again, being driven by complaints. And while
that's occurri , a staff come back to us with ordinances where
we can ki o ck down on problems that are being created in the
neighborho . Not dealing with the duration.
""-:~_,, ........ SSIONER SOLIS: Right. Non-duration violations:
king, anything else.
R. KLATZKOW: So in other words, a code complaint based
sole yon the rental, staff would not prosecute?
COMMISSIONER SAUNDERS: That's correct. Based solely
on the duration.
COMMISSIONER SOLIS: Could I just make a suggestion?
Page 251
May 28, 2019
And maybe the way to frame it is that we entertain a motion to direct
staff to return to the practice prior to Commissioner Saunders'
motion, whatever that --whatever that was, and that we're directing
staff then to also look at the most egregious violators of the other
parts of our code: Noise, parking. Can we do that? Is that clea~
enough? ~
COMMISSIONER SAUNDERS: And I would ask a ~~tion
while we're dealing with that issue. Do we have any cu
regulations dealing with the number of people that c · n a home ,
in a rental home, and do we have any regulations ~.-.~,1-1 with the
number of unrelated people that can be in ah e.
MR. KLATZKOW: We do not. In this i t nee we're going to
have to cobble whatever regulation we ha so that it's consistent
with state law on this. And I'm goi]l.g u, it's going to be a lot
of people in a house. ~
COMMISSIONER SOLIS: one other thing --and while
we've fixed this --figure out e motion needs to be --and I
would ask staff if someb la help me. There was a reference to
fire codes. Somebody --a I don't know if that's accurate or not, but
there was a reference t¥1-re codes --
CO MMIS S ER TAYLOR: Here in front of you.
COMM O R SOLIS: --relating somehow to what a
commerci us · or not. But, anyway, I didn't know if there was
anythin tH t:>~ ..
ld make a motion, as I said before, that we reverse the
hat was made in the motion that was approved that
1ssioner Saunders made and direct staff to go back to the
policy that we had before that and also that we direct the staff to look
at other codes that we can use to enforce, you know, our other codes.
CHAIRMAN McDANIEL: Can I make a suggestion,
Commissioner Solis? Let's take the motions or the actions one --
Page 252
May 28, 2019
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: --at a time as opposed --and I
think --I don't know if there's consensus or not, there is with me, to
rescind the prior motion that started this.
COMMISSIONER FIALA: And what was the prior motio~
Could you say it? '7\J
COMMISSIONER SAUNDERS: I think the prior mo t fu at I
made was for staff to --if there was a complaint about a
rental for, like, one-day or one-week rental, for Code ~_L,,.,rcement to
basically give a notice of violation that that rental ot lawful.
CHAIRMAN McDANIEL: Right. ~
COMMISSIONER SAUNDERS: We ar~a1ng to rescind that
and _deal only with code, and I'll second t~~otion if there's a
motion. • "'1,~
COMMISSIONER SOLIS: ~~-'I'll separate the motion into
two. So that's my first motion.
COMMISSIONER SA
COMMISSIONER
know what we go back to n?
CHAIRMAN Mc~ IEL: Yes.
COMMISS ER SOLIS: We go back to where we were
NER FIALA: Which is?
IONER SOLIS: --but my next motion will address
~--...~ we have to have a way of having someone help us come
hat we can do that's not going to ruin our real estate
COMMISSIONER FIALA: And ruin our real estate industry or
ruin our --what is our --see, that's kind of nebulous again with me,
real estate people here say their industry says they want short-term
rentals.
Page 253
May 28, 2019
COMMISSIONER SOLIS: If the people that come here every
year on a short-term rental for the season, for four months, which
now wouldn't be allowed, stop doing that, I'm going to suggest that
we're going to have a real problem in our real estate market.
COMMISSIONER FIALA: Yeah, that's what I wanted to r,
because if you were saying it depends on --'7\J
COMMISSIONER SOLIS: Anything under six mont , u.gI;.t?
COMMISSIONER FIALA: Okay. 0
CHAIRMAN McDANIEL: All right. The mot· een made
and seconded that we rescind Commissioner Saun ~=:~~rior motion
to enforce the code and penalize those most e1'11"111111!ob ff enders --
CO MMIS SI ONER SAUNDERS: Dealin
CHAIRMAN McDANIEL: --deali tti,~t
COMMISSIONER SOLIS: D r . ~
CHAIRMAN McDANIEL: ...,,.,. .... ~ with the duration.
You okay with that?
COMMISSIONER TA YJ.11 . This motion does not address
anything about security. U
COMMISSIONER IS: Right.
COMMISSIONE TAYLOR: This doesn't address anything
about privacy fo e people next door.
CHAI cDANIEL: We're getting ready to go there.
CO rlr,,.~~ NER SOLIS: That's next.
CHA N McDANIEL: We're getting ready to go there.
""-:~""i.i..SSIONER TAYLOR: So what are you going to do?
· ng to say anybody who rents on a daily basis on Airbnb
o e screened because we have to know they're not pedophiles or
they re not going to do drugs in the house? This has --this will not
address the issue of having strangers next to you on a daily basis. I
just want to put that on the record.
COMMISSIONER FIALA: Well, I understood that when we
Page 254
May 28, 2019
eliminated what the other --tell me what you had said. When we
eliminated Burt Saunders' motion, we get back to what?
COMMISSIONER SOLIS: Where we were before.
COMMISSIONER FIALA: Which was?
in terms of codes, parking, noise.
CHAIRMAN McDANIEL: Occupancy.
COMMISSIONER SOLIS: Where we were befor
entertained that first motion. And that's just the first
motion, because my motion had a couple parts, bu
CHAIRMAN McDANIEL: I asked him
COMMISSIONER SOLIS: --the Chai
think.
COMMISSIONER FIALA: S<J p --.-.. __,,,, uld rent it out every
day or--~
COMMISSIONER TAYLO · es.
COMMISSIONER FIA~ so forth; is that where we're
going back to? ~ ~
COMMISSIONER LOR: That's exactly right.
COMMISSIONE FI LA: That's what you're trying to say. I
didn't hear that .._...,-.. because I didn't even think we could rent places
out.
NERTA YLOR: We're not --we can't, but we
orcing it.
AN McDANIEL: Right.
MISSIONER TAYLOR: And so we're going back to not
ng what we have right now on the LDC. Capitulating.
COMMISSIONER FIALA: I guess it depends on what kind of
a motion you're going to make afterwards.
COMMISSIONER SOLIS: I agree, but we've got one at a time.
COMMISSIONER FIALA: Yeah, but right now we have the
Page 255
May 28, 2019
bird in the hand.
COMMISSIONER SAUNDERS: There will be subsequent
motions made, and I think Commissioner Solis will be making those
but, if not, there will be some additional motions being made.
CHAIRMAN McDANIEL: Or I will, either one. He's doi~
good job so far. This rights the ship and, I think, heads us do ~
path where we can go. ~ w
So it's been moved and seconded that we repeal th 0
Commissioner Saunders' motion from back in March;:~;~=ct?
COMMISSIONER SOLIS: Correct. ~
CHAIRMAN McDANIEL: Okay. All i ~~
COMMISSIONER SOLIS: Aye. ► '
CHAIRMAN McDANIEL: Aye. (', _
COMMISSIONER SAUNDE S: ~
CHAIRMAN McDANIEL: .._-r\ .. ~ ?
COMMISSIONER FIALA:
COMMISSIONER TAY
CHAIRMAN McD
Next motion? Hurry.
. Opposed.
3-2.
COMMISSIONE S I would make a motion --as long as
the County Atto does not have any heartburn, I would make a
motion that ire staff to enforce vigorously the other code
our noise ordinance, parking ordinances, the codes
relation to rentals that are less than six months.
AN McDANIEL: You can't do anything with the
t ~~
~MMISSIONER SOLIS: Right.
MR. KLATZKOW: You're going to be getting complaints on
noise whether the complaint is from a short-term rental or a drunken
neighbor.
COMMISSIONER SOLIS: Okay.
Page 256
May 28, 2019
MR. KLATZKOW: I mean--
COMMISSIONER SOLIS: Just that we vigorously pursue
the --our other code --
MR. KLATZKOW: I think staff understands where the Board
wants to go on this. ~
COMMISSIONER SOLIS: Well, that's my motion then ~
COMMISSIONER SAUNDERS: I'll second that. An ave a
question for our County --0
CHAIRMAN McDANIEL: And then Commiss· Taylor's
been lit up here for a minute, or is that from bef or_t--\
COMMISSIONER TAYLOR: No, that' ~11 right.
CHAIRMAN McDANIEL: Are you don .
COMMISSIONER TAYLOR: Yes, done.
CHAIRMAN McDANIEL: C ~ -....---___.s er Saunders.
COMMISSIONER SAUND......,--. ... ..,._ ow, if there's a short --if
there's a rental and there's a nois o tion or parking violation, I
want to make sure that the via · s both the tenant that's in there,
and that tenant's not goi e about the violation, but the
violation also goes to the ...,,.,..,.,...,erty owner, but also goes --once there's
a fine assessed, that tha lien is on all the properties owned by that
particular prope owner.
MR. KL W: Yes.
CO I NER SAUNDERS: That's what the state statute
t to make sure that we're not only going after the
~~'U'r but the property owner.
KLATZKOW: Yes.
AIRMAN McDANIEL: Can I interrupt a second during the
mid le of your motion? Because one of the things I'd like to see us
do is create --it's been recommended --almost everyone that talked
about it --I'm sorry?
COMMISSIONER SOLIS: That was going to be the third one.
Page 257
May 28, 2019
Go ahead.
CHAIRMAN McDANIEL: Well, I mean --
COMMISSIONER SOLIS: Create the task force.
CHAIRMAN McDANIEL: Yeah, because, necessarily, we
really don't need to give direction to staff to enforce against the '
ordinances that we already have with regard to noise and par~, ~}'d
everything else. They're doing that. ~
COMMISSIONER SAUNDERS: I think they un <1r~t d that
this is an urgent problem. ~~
CHAIRMAN McDANIEL: Right. ~ ~
COMMISSIONER SAUNDERS: So --~~
COMMISSIONER FIALA: Now, just to ~~e sure I
understand. So this motion now means t anything --people can
rent from six months to a year to tw~ ~ hatever but not less
than six months right? And, of co --.... "-e're vigorously going to
protect, well, all code enforceme a s.
COMMISSIONER SOL . ·ght.
COMMISSIONER . ..:-Ir.,,":-~~.,. Okay. Just so I make sure.
CHAIRMAN McD ~ L: So your motion is to --and just --as
far as that goes, as far a, the existing ordinance we have, I mean, a
really easy thin enforcement is the signage aspect. You
mentioned th ac · n March --
CO I NER SOLIS: Yeah, signage.
CHA N McDANIEL: --that people were waving a flag at
lt)lall~,.J rental and having signs in front of short-term rentals.
asy code enforcement, click, so ...
R. OCHS: Excuse me. So you want us to enforce the sign
ordinance?
CHAIRMAN McDANIEL: Yes.
MR. OCHS: Okay.
COMMISSIONER TAYLOR: That's incredible. Isn't that an
Page 258
May 28, 2019
incredible question to ask? No, that's not a criticism to you, sir.
That's how absurd this whole thing is becoming.
MR. OCHS: I mean, if you drive down the road and you see a
sign advertising daily rentals --
CHAIRMAN McDANIEL: That's a violation. ~
COMMISSIONER SAUNDERS: It's a code violation. ~
MR. OCHS: Okay. Okay. Thank you for the clarific . .
COMMISSIONER FIALA: Now, just before we v.
anymore --but that doesn't include, like, people who _ _._ __ ~
for one month or three months, seasonal rentals, ri
CHAIRMAN McDANIEL: No. We're ~t F,
second.
COMMISSIONER FIALA: Well, t
know.
CHAIRMAN McDANIEL:
melding with the term. We are o
industry. We are not preemp~~
frequent flagrant fliers. ~
a t --we are preempted from
empted from regulating the
enhancing penalties against the
COMMISSIONER A: His motion. I was just asking
about his motion. /
CHAIRM cDANIEL: Okay.
COMM R FIALA: Right?
CO I NER SOLIS: The motion right now is just to
· gorously pursue enforcement of our other codes:
,.,,,.~~·,_.__._g, the sign ordinance.
MISSIONER FIALA: Okay.
MMISSIONER SOLIS: To give them some guidance that
this 1s really important.
COMMISSIONER SAUNDERS: Is there a second? If not, I'll
second that.
CHAIRMAN McDANIEL: Yes, it's been seconded.
Page 259
May 28, 2019
COMMISSIONER SAUNDERS: It's an easy vote. Why don't
we just call the question on that.
CHAIRMAN McDANIEL: I'm ready. It's been moved and
seconded that we vigorously enforce against the ordinance as with
regard to our codes, correct? Is that what I said, or is that what A.~
said? ~ '\ '()-
COMMISSIONER SOLIS: Yes. ~
CHAIRMAN McDANIEL: Close. ,t 0
COMMISSIONER SOLIS: Close enough. ~~
CHAIRMAN McDANIEL: Any other discu
(No response.) ~
CHAIRMAN McDANIEL: All in favor?► ,
COMMISSIONER SOLIS: Aye. (', _
COMMISSIONER FIALA: Al e~~
CHAIRMAN McDANIEL: ~ ~,,
COMMISSIONER TAYLO ye.
-~-......,.,-S: Aye. COMMISSIONER SA
CHAIRMAN McD ~T"t--,,.-Opposed same sign, same sound.
(No response.)
CHAIRMAN Mc ~ Now your third motion.
COMMISS ER SOLIS: A third motion I would make is
to ring back an ordinance or a resolution to create
up of a representative group of county residents to
can do in detail and what other counties have done in
~~.,ions to address the problems on both sides of this issue.
that --ifwe
a task fore
look at wh
KLATZKOW: So you want to regulate the industry?
AIRMAN McDANIEL: Correct.
MR. KLATZKOW: So you're --you're looking for an ad hoc
committee appointed by the Board who would come back to the
Board with recommendations to regulate the short-term rental
business?
Page 260
May 28, 2019
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SOLIS: I wouldn't --I don't know that --
regulation of the industry would be the right term. I would say it's an
ad hoc committee that would come back with recommendations as to
Land Development Code revisions.
MR. KLATZKOW: As an example, if you're going to b,~ ·
a rental less than six months, you have to have a fire extin~~er.
COMMISSIONER SOLIS: Things like that, okay~U
MR. KLATZKOW: So it's a regulatory ordina ~""
COMMISSIONER SOLIS: Okay. Fair eno
MR. KLATZKOW: --on the industry. ~
CHAIRMAN McDANIEL: Enhanced P~V lues.
COMMISSIONER SAUNDERS: B this would not
necessarily have to go into the Land.D ~112"\ent Code.
MR. KLATZKOW: No, it w "'"""" ... _ t be Land Development
Code.
COMMISSIONER SA -~------=--But in terms of coming up
with a regulatory schem -nd it would not have to --it can't
deal just with short-term r ls. It has --
MR. KLA TZ O . ou're going to be --I'm going to tell you
right now, you'r ing to be following what the --the same rules the
hotels have a ow oing to be with these short-term rentals.
CO I NER SAUNDERS: Potentially, but it would be
can't discriminate. We can't say it's going to apply
~IIIIW"-term rentals.
KLATZKOW: Well, no, you can because you say
-rm --basically you're saying all short-term rentals, and you'll
define it, will have to follow these minimum safety guidelines, and
they're going to essentially follow the same guidelines as hotels and
motels do.
COMMISSIONER SOLIS: Well, not necessarily. It's whatever
Page 261
May 28, 2019
the committee's going to recommend.
MR. KLATZKOW: You're sort of preempted on this one to a
degree.
COMMISSIONER SOLIS: In what sense?
MR. KLATZKOW: You can't have --you can't have more n
what the hotel industry is regulated on. ,, '\ '(>
COMMISSIONER SOLIS: No, but we could have les~
MR. KLATZKOW: Yes. 0
COMMISSIONER SAUNDERS: And, Commi r Solis , I
like --I support coming back with some regulatio!!:'-';;'~~cying to
determine what those religions should be, but nt to be
sitting here for six months doing that.
COMMISSIONER SOLIS: Oh, I a
COMMISSIONER SAUNDE S: --.-..----eating a task force
certainly is --has been recommen , you know, setting that up
and having the task force come ba ·t could take a long time to do
that. And I'd like to --I'd like don't have a problem setting up a
task force and having the _____ .._eir business, but I'd like to see staff
coming back to us with so recommendations. A lot of
communities are re ula · ng these. We would not be the only one, so
there's plenty of inances out there that meet state standards, and
I'd like to sta t in a look at those.
CO I NER SOLIS: Well, then we can do it --a
s. We'd have staff come back even though I think
~...,..., that already.
KLATZKOW: Staffs largely doing that now. They're
o get back to you next meeting.
COMMISSIONER TAYLOR: Good.
COMMISSIONER SOLIS: Okay. Well, let's --I'll back up.
Let me amend my motion then.
It will be to give staff some direction to come back to us with
Page 262
May 28, 2019
whatever the analysis they've performed in terms of looking at these
other ordinances from other counties to see what we can do in
relation to the short-term rental industry.
COMMISSIONER TAYLOR: Good. I'll second that.
COMMISSIONER FIALA: I also want to make sure that ~
somehow somebody helps to --when they start advertising fo '(>
people, we don't want to overload this committee on someb who
has a financial interest or --0
COMMISSIONER SOLIS: We're not going to
committee yet. That was the whole --I changed it -·, .. -re going to
take a step back, and staff is going to bring f o e r research
first --
COMMISSIONER FIALA: Okay. (', _
COMMISSIONER SOLIS: --~n ~e'll decide whether or
not we need a committee. ~
COMMISSIONER FIALA: Ii okay.
COMMISSIONER SOL . ay. Oh, no.
MR. OCHS: We're
COMMISSIONER IS: You're good?
MR. OCHS: Oh, ~an.
COMMISS ER SOLIS: Okay. So that's my motion, and
e repeat it.
NER SAUNDERS: I think Commissioner Taylor
ady.
~-..,•..a...a.SSIONER TAYLOR: I did.
IRMAN McDANIEL: Okay. And we're going --and
s oing to come back to us when?
COMMISSIONER TAYLOR: Next meeting.
MR. KLATZKOW: You can do it next meeting or --we've
done the research . It's already done. If you want two meetings, we
can do two meetings; two meetings.
Page 263
May 28, 2019
COMMISSIONER TAYLOR: Next meeting.
MR. CASALANGUIDA: I think we want to reach out to the
industry and some of the people we spoke to as part of that. That
would help.
COMMISSIONER SOLIS: Please. ~
COMMISSIONER SAUNDERS: Second meeting in J!l~
CHAIRMAN McDANIEL: Second meeting in June.
COMMISSIONER FIALA: June is next week. 0
CHAIRMAN McDANIEL: I understand. Our ..--v--~ meeting
in June. ~ ..
COMMISSIONER TAYLOR: 25th. ~~
CHAIRMAN McDANIEL: Is it June 25tv ,
MR. OCHS: Yes.
CHAIRMAN McDANIEL: O~a ey'll come back to us
on the June 25th meeting with the "'lll ....... ,L ...... endations; is that your
motion?
COMMISSIONER SOL at's my motion, sir.
CHAIRMAN McD And it's been seconded. Any
✓
cDANIEL: All in favor?
further discussion?
(No response.
CHAIRM
COMM 0 R SOLIS: Aye.
CO I NER FIALA: Aye.
CHA N McDANIEL: Aye.
~~ ......... SSIONER TAYLOR: Aye.
MISSIONER SAUNDERS: Aye.
AIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
COMMISSIONER SAUNDERS: Could I ask a --I hate to
prolong things, but let me just ask the County Attorney a quick
Page 264
May 28, 2019
question, if I might.
There's a new state law that basically provides that if the county
adopts an ordinance in an area that's been preempted, then we would
have to pay attorney's fees to a party that contested that. That goes
into effect, I think, July 1st. ~
If we --and this is --maybe I should just ask you off-lin
instead of wasting everybody's time. But I was just curious o how
that type of an ordinance --statute might apply to anyth · t at we're
doing.
MR. KLATZKOW: We're not going to brin~ct.~
that's unlawful. ~
COMMISSIONER SAUNDERS: Okay. 1 ► ,
CHAIRMAN McDANIEL: Right. u know, there again, I
think it's important that we put fort h. t are --there are
property rights that are here both fiL ..._ ........ "W'-':.C landlords' standpoint and
from the neighbors' standpoint. ' 1d it on a regular basis that you
should and do have the right t ithin the four bounds of your
property that which you \I_LL'llllliV'D~s long as it doesn't negatively
impact my rights of quiet · yment being next door. And that's
what I've heard fro th majority of the people that are here and were
looking for a so · on to get to that particular point. So it's a basic
property-rig
CO I
CHA N McDANIEL: And we are handcuffed. This
-•~""' unty, our county's been --we are handcuffed by that
-.-~:'ffl!lla-\flfllw e statute that came out in '14 that doesn't --because I
-well, I'm hearing that, you know, if we could come up with
some sort of a term to allow for the definition or redefinition of a
short-term rental, we could come to a consensus and get there, but we
can't at this juncture.
MR. KLATZKOW: You can't. You can't regulate the --you're
Page 265
May 28, 2019
frozen in time. There was legislation that was introduced in
Tallahassee that would have given you that opportunity to do it. It
did not pass.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: This year.
CHAIRMAN McDANIEL: This year.
MR. KLATZKOW: This year.
CHAIRMAN McDANIEL: So we'll see you all o~~e 5th
again. ~~
MR. OCHS: Yes, sir. ~ ~
Item#l5 ~
STAFF AND COMMISSION GENf>~MMUNICATIONS
MR. OCHS: That takes us o t ~ 15, staff and commission
general communications. Let.____ ake sure I've got nothing else.
Mr. Chairman, I ha -.1
~"·:... quick things. The first is a reminder
that next Tuesday, June tB th at 9 a.m., is your BCC county
facilities master plan w ks op. Look forward to that at 9 a.m.
· s to advise the Board that we have gone ahead
and, as direct , ma the formal offer for purchase of Station 40 to
the North olh Fire Control District. We've received
acknowled11r~.,..t of our offer letter from them and that they'll be
at their June 20th fire commission meeting. So we'll
oard advised.
~ciid the last thing is I received an email request from
Commissioner Taylor for a presentation from Dr. Savarese and
Dr. Sheng on June 25th. My only clarification that I need,
Commissioner, is you had asked to reserve about 30 minutes for that
presentation. We usually try to limit those to a little less time than
Page 266
May 28, 2019
that, but if everyone's comfortable with that, we'll tell them 30
minutes.
COMMISSIONER TAYLOR: It may not go that long, but I
think it's very important because there will be a demonstration.
Dr. Sheng will be at the University of Florida, but there will be ~
demonstration, a visual demonstration of how this program w~,
So it may not go that long at all. ~
CHAIRMAN McDANIEL: And I think as long as
jam in two presentations, just keep it to that one. Yo ~-
oftentimes we run into multiple presentations and
MR. OCHS: Yes, sir.
COMMISSIONER FIALA: I had a prese ta 10n, too, same,
with the 25th of July --or 25th of June. C, _
MR. OCHS: That's --the 25th.of ~that one, yes, ma'am.
COMMISSIONER FIALA: _._._ ......... ,._ s the one from the
pickleball that I sent to you from -
MR. OCHS: I know. Y t me that one as well.
COMMISSIONER .... .,.... .. ~. Okay. They're just talking about --
not two presentations, but
CHAIRMAN Mc ~ IEL: Right. Well, that one there's --
well, I didn't rea · you had one in there. This was --
MR. OC e pickleball is not 30 minutes.
CO I NER FIALA: No, no, not at all.
MR. It's more your typical 10-minute; more of a back
~...._,..,"oumament and how things went.
IRMAN McDANIEL: Is it imperative that we have it on
or could we do it in our --
COMMISSIONER FIALA: They're flying in for that day.
CHAIRMAN McDANIEL: Oh, they are? So we're going to get
to do both.
COMMISSIONER TAYLOR: Wrap-up.
Page 267
it is.
May 28, 2019
COMMISSIONER FIALA: A wrap-up, that's right. That's what
MR. OCHS: That's all I had, sir.
CHAIRMAN McDANIEL: County Attorney.
MR. KLATZKOW: Nothing, sir.
CHAIRMAN McDANIEL: Madam Clerk.
CLERK KINZEL No, thank you; nothing.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Nothing from me.
enough today.
CHAIRMAN McDANIEL: Yes.
How about Commissioner Fiala?
COMMISSIONER FIALA: I think
CHAIRMAN McDANIEL: C ~ -....---___.s
COMMISSIONER SAUND......,_. ... ..,._ othing, sir.
CHAIRMAN McDANIEL: , Commissioner Taylor.
COMMISSIONER TAY . Yes, just one thing.
The difference in an--"'~r~~ .. t between the property owners that
own the tip of the Triangl d the Triangle is heading in a direction
~hat I think it wo~l be ~ry helpful if the Commission could clarify
1t.
And I th the Hearing Examiner has started a process, but
I don't thi he ritten his report yet. And I think that it would be
the parties if we hear it rather than wait for the
,._~~F".._ ...... iner's report and allow an open and, you know,
a · e investigation and, certainly of us, by what is presented to
COMMISSIONER FIALA: Like, in the first meeting in June or
something? That's going to be up to our County Manager.
CHAIRMAN McDANIEL: Well --and my only --and I don't
disagree. Transparency's the key to success, but we have a process,
Page 268
May 28, 2019
and I'm leery of deviating from the process because of a difference in
opinion of two private property owners.
MR. KLATZKOW: The Board originally remanded this to the
Hearing Examiner. You could have heard it originally. What you
would be doing is simply taking it back. ~
CHAIRMAN McDANIEL: Okay. ~ '\ ~
MR. KLATZKOW: So there's no process issue. ~
COMMISSIONER FIALA: Say that again. 0
COMMISSIONER SAUNDERS: But we're no~ g to take it
back and hear it in June.
MR. KLATZKOW: I think that's precis ----~~ ommissioner
Taylor's suggesting.
COMMISSIONER FIALA: I don't erstand. You better tell
me, because I don't understand very.cl ...,... __ ,_,
COMMISSIONER TA YLO , apparently --and I didn't
remember that, but we were goin o -there's a difference of issues
in terms of a zoning issue bet n he two properties and, initially,
we were going to hear it n we remanded it to the Hearing
Examiner, but being of th -you know, the commissioner of the
district and fairly c ose tliis, I'm not very comfortable where it's
going, and I thi · needs to come back to us to be heard before the
Hearing Exa .............. -t'r i ues his opinion. Not that he hasn't heard --he
has heard sti::-.~;:y, but I think it's --the timing is, I think, important.
COM IONER FIALA: In other words, what you're
e just make sure I understand. What you're saying is
· g to discuss where it is now and what their plans are; is
COMMISSIONER TAYLOR: And basically rule as --would it
be quasi-judicial?
MR. KLATZKOW: This was a staff interpretation of floor area
ratio, Board --it was administratively appealed to the Board of
Page 269
May 28, 2019
Zoning Appeals. You decided to send it to the Hearing Examiner to
hear it instead, so you're taking it back. So the issue was an
interpretation issue.
COMMISSIONER TAYLOR: So it's not quasi-judicial.
MR. KLATZKOW: It's not quasi-judicial.
COMMISSIONER TAYLOR: So it's an interpretation.
MR. KLATZKOW: Interpretation of the Land Devel~"""
Code. What's the floor area ratio for this particular pare
COMMISSIONER FIALA: Yeah. I remember ::~--:~ they came
in for that and they wanted to change it, and --but --".-ontacted us,
kind of, and wanted to change it, and then we r ' --then it didn't
go there.
COMMISSIONER TAYLOR: I thi .......... ,...,t t at point we
remanded it to the Hearing Examin t1 . ve a better memory
than I do. ~
COMMISSIONER FIALA: e . And so now it's --instead of
going to the Hearing Examine want to bring it to us?
COMMISSIONER _._._,.,__,, I want them to bring it.
COMMISSIONER Oh, you wanted to.
COMMISSIONE TAYLOR: Yeah, I want it before us.
COMMISS ER FIALA: Okay. Oh, okay. I just had to
understand w a we ere talking about.
MR. ~ KOW: So you're going to hear it. You will hear
al decisions rather than the Hearing Examiner.
""-:~_,,_.__._SSIONER SOLIS: It's kind of an all-or-nothing issue.
MISSIONER FIALA: I haven't spoken to the person, so ...
MMISSIONER SOLIS: We'd end up hearing it anyway
because it's an all-or-nothing issue, and so one or the other's going to
appeal whatever the Hearing Examiner does, so ...
COMMISSIONER TAYLOR: Well, that's true, too.
COMMISSIONER SOLIS: Yeah. I mean, we'd hear it anyway,
Page 270
May 28, 2019
so I would be in favor of that.
COMMISSIONER FIALA: We'll get it done early.
COMMISSIONER SOLIS: Yeah.
CHAIRMAN McDANIEL: And proposition of time?
MR. OCHS: June 25th, I believe. ~
CHAIRMAN McDANIEL: The same day as we're havi ~~
other presentations. ~
COMMISSIONER TAYLOR: So two days. We . li as well
plan for a two-day meeting or dinner.
MR. OCHS: You're down to three meetings
COMMISSIONER FIALA: That's right~~ meetings left.
COMMISSIONER TAYLOR: It's the ol ~days. It's the old
days.
CHAIRMAN McDANIEL: W.e ays have more.
MR. OCHS: Oh, yeah, you ~
COMMISSIONER FIALA: an do them by telephone.
CHAIRMAN McDANI re. We'd let you call in.
Commissioner Tayl ,-....--ou have anything else?
COMMISSIONER LOR: That's all I have to say.
CHAIRMAN Mc ~ IEL: Words of wisdom.
Okay. ThaiJGn you have to say, and that's all I have to say as
well. ~ ~
11 in June.
*****
*Q ommissioner Fiala moved, seconded by Commissioner
Saunders and carried that the following items under the Consent and
Summary Agendas be approved and/ or adopted ( Commissioner
Taylor voted in opposition on Item #16K6) ****
Page 271
May 28, 2019
Item #16Al
RECOGNIZE AND APPROPRIATE REVENUE TO THE
TRAFFIC OPERATIONS COST CENTER, IN THE AMOUN
$107,380 FOR FISCAL YEAR2019 AND AUTHORIZE A
NECESSARY BUDGET AMENDMENTS (ALL DISTRI
FOR THE REPLACEMENT, REPAIR, AND MAINT
THE COUNTY OWNED TRAFFIC SIGNALS, SIG
STREET LIGHTS
Item #16A2
RECOGNIZE AND APPROPRIAT_E NCE PROCEEDS
REVENUE TO THE LANDSCA TIONS-VARIOUS IN-
HOUSE SEGMENTS COST CE (163801), IN THE
AMOUNT OF $81,000 FOR L YEAR 2019 AND
AUTHORIZE ALL NE ... "-"'lllllllll...... BUDGET AMENDMENTS
(ALL DISTRICTS) -FO E REPLACEMENT, REPAIR, AND
MAINTENANCE OF ~E COUNTY OWNED LANDSCAPE AND
IRRIGATION ~ ~; ~
Item #16 ......_""
~.,.... E FINDINGS OF THE "TRAFFIC REPORT: GOLF
NSPORTATION ON CHOKOLOSKEE AND
ATION ISLAND" AND TO DIRECT THE COUNTY
AT ORNEY TO ADVERTISE FOR A PUBLIC HEARING AN
ORDINANCE ALLOWING FOR THE USE OF GOLF CARTS
UPON DESIGNATED PUBLIC ROADS AND STREETS ON
CHOKOLOSKEE ISLAND AND ON PLANTATION ISLAND,
Page 272
COLLIER COUNTY (DISTRICT 5)
Item #16A4
May 28, 2019
AW AIYER IN ACCORDANCE WITH THE GUIDELINES S
FORTH IN THE ADVANCE STREET NAME GUIDEL~
POLICY AND RESOLUTION NO. 2012-114 FOR THE
PLACEMENT OF ADVANCE STREET NAME GUID..--~ NS
ALONG COLLIER BOULEY ARD AT THE APPR~•VIII[. ES TO
CEDAR HAMMOCK BOULEY ARD DISTRIC
Item #16A5
CHANGE ORDER NO. 1 WITH J1 C GINEERING
GROUP, INC., (FORMERLY C
TO ADD 730 DAYS TO THE PR
DESIGN AND POST-DESIG
L ENGINEERS, INC.),
T SCHEDULE FOR
VICES ON PROJECT NO.
66066 .14, "PALM RIV
REPLACEMENT" (NO
REQUESTED) (D ST C
DATE TO MA 2021
EVARD BRIDGE
ITIONAL FUNDS ARE
2) -REVISING THE PROJECT END
ULTI-WAY STOP WARRANT STUDY AND
ETHE INSTALLATION AND OPERATION OF A 4-
TOP CONTROL AT THE INTERSECTION OF LEL Y
RE ORT BOULEVARD AND WILDFLOWER WAY, AT AN
INSTALLATION COST OF APPROXIMATELY $400 WITH AN
ANNUAL MAINTENANCE COST OF APPROXIMATELY $100
(COST CENTER #16360) (DISTRICT 1)-LELY CDD MAY
Page 273
May 28, 2019
MAKE CHANGES TO THE SIGNAGE POSTS TO DECORATIVE
POSTS; THEY WILL AT THAT TIME BECOME RESPONSIBLE
FOR ALL FUTURE MAINTENANCE
Item#16A7 ~
FINAL ACCEPTANCE AND THE CONVEYANCE OF T ~
POTABLE WATER AND SEWER UTILITY F ACILI ~--w.~FOR
CORAL HARBOR PHASE I, PL20170000368 AND .......... 'L.J"9'
AUTHORIZE THE COUNTY MANAGER, OR ~ .... "_ SIGNEE,
TO RELEASE THE FINAL OBLIGATION ---,.---~y-¼-,N THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT E I R OR THE
DEVELOPER'S DESIGNATED AGEN I RICT 1)-THE
FACILITIES WERE FOUND SAT S Y AND
ACCEPTABLE BY STAFF ON 1 2019
Item #16A8
FINAL ACCEPTANCE THE CONVEYANCE OF THE
POTABLE WATER A D EWER UTILITY FACILITIES FOR
CORAL HARB PHASE II, PL20170000914 AND TO
AUTHORIZ ~""" OUNTY MANAGER, OR HIS DESIGNEE,
TO RELE S E FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT 4,000 TO THE PROJECT ENGINEER OR THE
DEV~llliillfilllll,,._,,_.. 'S DESIGNATED AGENT (DISTRICT 1)-THE
F ES WERE FOUND SATISFACTORY AND
A TABLE BY STAFF ON APRIL 11 2019
Item #16A9
FINAL ACCEPTANCE OF THE SEWER FACILITIES FOR
Page 274
May 28, 2019
WASTE MANAGEMENT TRANSFER STATION,
PL20180000285, ACCEPT THE CONVEYANCE OF A PORTION
OF THE SEWER FACILITIES, AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
UTILITIES PERFORMANCE SECURITY (UPS) AND FINA~
OBLIGATION BOND IN THE TOTAL AMOUNT OF $6,8 ~.
TO THE PROJECT ENGINEER OR THE DEVELOPER'~
DESIGNATED AGENT (DISTRICT 4) -THE F ACIL.--_J,.., WERE
FOUND SATISFACTORY AND ACCEPTABLE B ----AFF ON
APRIL 9 2019
Item #16Al0 ~
FINAL ACCEPTANCE OF THE P p ~ ATER AND
SEWER FACILITIES FOR AV A NAPLES,
PL20160002356, ACCEPT THE EYANCE OF A PORTION
OF THE POTABLE W ATE ALL OF THE SEWER
FACILITIES, AND TO _._____, IZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO LEASE THE UTILITIES
PERFORMANCE SEC)JR TY (UPS) AND FINAL OBLIGATION
BOND IN THE TAL AMOUNT OF $75,061.39 TO THE
PROJECT E R OR THE DEVELOPER'S DESIGNATED
AGENT ( IS CT 3) -THE FACILITIES WERE FOUND
SATISFA Y AND ACCEPTABLE BY STAFF ON APRIL 19,
2019
1Q 6All
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR TRACT B AT 3500 CORPORA TE
PLAZA, PL20170003496, ACCEPT THE CONVEYANCE OF A
Page 275
May 28, 2019
PORTION OF THE POTABLE WATER FACILITIES, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $8,837.94 TO THE PROJECT ENGINEER OR
DEVELOPER'S DESIGNATED AGENT (DISTRICT 4)-T
FACILITIES WERE FOUND SATISFACTORY AND
ACCEPTABLE BY STAFF ON APRIL 11, 2019 ~c
Item #16Al2 'S,,,,~
RECORD THE FINAL PLAT OF BRENTW LAKES -
PHASE ONE, (APPLICATION NUMBE L 0180001880)
APPROVAL OF THE STANDA~ F ONSTRUCTION
AND MAINTENANCE AGREE _...,___ ND APPROVAL OF THE
AMOUNT OF THE PERFORM SECURITY (DISTRICT 5) -
W/STIPULATIONS
Item #16Al3 ~
✓
SECOND AME MENT TO THE MPO LEASE AGREEMENT
N D AND RESTATED STAFF SERVICES
ETWEEN COLLIER METROPOLITAN
~llif'j GANIZATION AND THE COLLIER COUNTY K~....,.., COUNTY COMMISSIONERS (ALL DISTRICTS) -
ING THE TERMINATION DATE TO JUNE 30 2022
PROCEEDING WITH THE FINAL WORK NECESSARY FOR
COMPLETION OF THE VANDERBILT DRIVE STORMW ATER
Page 276
May 28, 2019
MANAGEMENT OUTFALL RECOVERY PROJECT,
AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF
$150,000 TO COVER THE COST OF PROJECT DESIGN AND
PERMITTING AND DIRECT EVALUATION OF INLAND TIDAL
WATERWAY SHOALING EFFECTS ON STORMWATER ~
RUNOFF CONVEYANCE (DISTRICT 2) -AS DETAILE~'\.L·
THE EXECUTIVE SUMMARY ~
0
Item#16Bl .,.....~1
RESOLUTION 2019-88: THREE PARTY E
AGREEMENT, LOCALLY FUNDED AGRE
TRANSPORTATION POST PROJECT R MENT BETWEEN
THE FLORIDA DEPARTMENT Of ~--=...,..:JZr PORTATION AND
COLLIER COUNTY FOR THE ATION AND
MAINTENANCE OF HOLIDA ACHMENTS ON LIGHT
POLES WITHIN THE IMM ._ __ c_:--EE COMMUNITY
REDEVELOPMENT A ~M.· MMOKALEE, FLORIDA
DISTRICT 5
Item #16Cl
) AGREEMENTS FOR INVITATION TO BID
NO. 18-74 , IFT STATION PREVENTATIVE
CE AND REP AIRS," TO FLORIDA UTILITY
NS, INC., AS PRIMARY CONTRACTOR, AND
NCED LIFT STATION SERVICES, INC., AS
SE ONDARY CONTRACTOR, FOR COUNTY-OWNED LIFT
STATION PREVENTATIVE MAINTENANCE AND REPAIR
SERVICES (ALL DISTRICTS)
Page 277
May 28, 2019
Item #16C2
AWARD REQUEST FOR PROPOSAL #18-7424, "HAZARDOUS
MATERIALS MANAGEMENT," TO US ECOLOGY TAMPA'
INC. (ALL DISTRICTS) -FOR THE COLLECTION, ~ ~
IDENTIFICATION, PACKAGING, SHIPPING, ~
TRANSPORTATION AND PROPER DISPOSAL OF AL~
HAZARDOUS MATERIALS THROUGHOUT THE C TY
Item#16C3 <:)~
RELEASE GOLDEN GATE ESTATES LAN ~i sT
PROPERTIES FROM THE FUTURE S A LE LIST TO THE
ACTIVE SALE LIST, TO RESER~E ~---~.'"~ IN PROPERTIES
FOR GOVERNMENTAL AGEN ...___ ...... .,._ ND TO REQUIRE 100%
OF APPRAISED VALUE FO~~\I ALE OF PROPERTIES
(DISTRICT 5) e,;V
ltem#16C4 ~
✓
AN AGREEME FOR INVITATION TO BID NO. 19-7574,
"NORTHEA E ICE AREA (NESA) BOOSTER PUMP
MODIFIC T AT ORANGE TREE," PROJECT NUMBER
70179, TO KINS, INC., IN THE AMOUNT OF $127,550, AND
AUT-:a.~illilldF.,~ THE NECESSARY BUDGET AMENDMENT
( T 5) -STA YING IN DEMAND, IN COMPLIANCE,
A ERVE CUSTOMERS EFFICIENTLY
Item #16C5
A PURCHASE ORDER WITH TRADEWINDS POWER
Page 278
May 28, 2019
CORPORATION FOR 16 PORTABLE GENERATORS IN THE
AMOUNT OF $941,318 UNDER THE FLORIDA SHERIFFS
ASSOCIATION COOPERATIVE PURCHASING PROGRAM
CONTRACT# FSA18-VEH16.0 AS VALIDATED BY THE
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT ~
COMMITTEE, PROJECT NUMBER 50391, AND AUTHO~ ....... ,..._
THE NECESSARY BUDGET AMENDMENT (DISTRIC
DISTRICT 4)-THESE GENERATORS WILL BE US
PUMP STATION EMERGENCY BACK-UP SYST
;i D;
,J~J~,
Item # 16C6 t,,.,., ~
AMEND EXISTING CONTRACT WIT N ~IE BREWER &
ASSOCIATES, LC UNDER BID# 2-'LOAN/GRANT
ACQUISITION AND COMPLIA -'--"--RVICES," FOR AN
ADDITIONAL RENEW AL PERI F ONE (1) YEAR, OR
UNTIL A NEW CONTRAC WARDED, WHICHEVER IS
SOONER (ALL DISTR ----·~-XTENDING THE CONTRACT
TO JUNE 21 2020
Item #16Dl
TGAGE SATISFACTION FOR THE STATE
IATIVES PARTNERSHIP LOAN PROGRAM IN
T OF $2,500 (DISTRICT 5)-LOCATED AT 614
ET NORTH IMMOKALEE
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
IMP ACT FEE RELEASE OF LIEN IN THE AMOUNT OF
Page 279
May 28, 2019
$3,929.52 FOR THE ASSOCIATED OWNER-OCCUPIED
AFFORDABLE HOUSING DWELLING UNIT WHERE THE
OBLIGATION HAS BEEN REPAID IN FULL (DISTRICT 5)-
LOCATED AT 614 10TH STREET NORTH, IMMOKALEE
Item #16D3
AN "AFTER-THE-FACT" THIRD AMENDMENT A ~
ATTESTATION STATEMENT WITH THE AREA NCY ON
AGING FOR SOUTHWEST FLORIDA, INC., H ,..,,.,... .. c..., CARE FOR
THE ELDERLY GRANT PROGRAM FOR L IER
COUNTY SERVICES FOR SENIORS AND CREASE
FUNDING IN THE AMOUNT OF $4 63 r.; DISTRICTS
Item# I 6D4 ~◊
AN "AFTER-THE-FACT" S ~~ D AMENDMENT AND
ATTESTATION STAT ...,.__.,_....., ITH THE AREA AGENCY ON
AGING FOR SOUTHW FLORIDA, INC., TO TRANSFER
FUNDS BETWEE T E LDER AMERICAN ACT PROGRAM
TITLE III SER ES (IIIE) TO TITLE III SUPPLEMENT AL
SERVICES S LL DISTRICTS
M WAS CONTINUED FROM THE APRIL 9 2019 BCC
=~'-'-G::C...:.. AUTHORIZE THE CHAIRMAN TO SIGN THE FIRST
AM NDMENT TO THE STATE MANDATED AGREEMENT
WITH DAVID LAWRENCE MENTAL HEALTH CENTER, INC.
(ALL DISTRICTS)-CHANGING THE DUE DATE FOR THE
SUBMISSION OF ANNUAL FINANCIAL STATEMENT AND
Page 280
May 28, 2019
AUDIT TO NINE MONTHS FOLLOWING THE END OF THE
FISCAL YEAR
Item #16D6
A MEMORANDUM OF UNDERSTANDING BETWEEN ~
COLLIER COUNTY, AS THE PROVIDER OF THE HO,~
ENERGY ASSISTANCE PROGRAM, AND AGRICU L
AND LABOR PROGRAM, INC., AS THE PROVI FLOW-
INCOME HOME ENERGY ASSISTANCE PRO , TO
COORDINATE REFERRALS AND PREVE EICATION
OF BENEFITS (ALL DISTRICTS) -PROVI MERGENCY
HOME ENERGY ASSISTANCE TO T ~ ERL Y
Item #16D7 _,.,.--,..._~T",,<>
THE ESTABLISHMENT OF...,,__._,,_-AYMENT GOALS AND A
BUDGET AMENDME E AMOUNT OF $1,392,305.98
TO ALLOW CONTINU OPERATION OF THE
COMMUNITY CARE O THE ELDERLY, ALZHEIMER'S
DISEASE INIT IVE, AND HOME CARE FOR THE ELDERLY
GRANTS FO H OLLIER COUNTY SERVICES FOR
SENIORS R RAM FROM THE AREA AGENCY ON AGING
FOR SOU ST FLORIDA, INC., PRIOR TO THE
OF THE FUNDING AW ARD ALL DISTRICTS
RESOLUTION 2019-89: THE ELECTRONIC SUBMISSION OF
THE SMALL MATCHING GRANT APPLICATION TO THE
FLORIDA DEPARTMENT OF STATE, DIVISION OF
Page 281
May 28, 2019
HISTORICAL RESOURCES, HISTORIC PRESERVATION
GRANTS PROGRAM TO SECURE $48,300 IN FUNDING FOR
THE BUDD TAVERN OBSERVATION CAR LOCATED AT THE
NAPLES DEPOT MUSEUM AND APPROVE $6,000 IN
MUSEUM FUNDS FOR PROJECT TRANSPORTATION CO
(DISTRICT 4) -TO PROVIDE ADA ACCESSIBILITY T(! '\ ~
VISITORS AT THE NAPLES DEPOT ~
0
Item#16El 1
RATIFY PROPERTY, CASUALTY, WO~~.....,
COMPENSATION AND SUBROGATION C J\ FILES
SETTLED AND/OR CLOSED BY THE K ANAGEMENT
DIVISION DIRECTOR PURSUA T OLUTION # 2004-15
FOR THE SECOND QUARTER ~ 9 (ALL DISTRICTS)
Item #16E2 (Z;~
AMENDMENT# 1 TO -~EMENT NO. 15-6409, P25 DIGITAL
RADIO SYSTEM, WI }l-1 OMMUNICATIONS
INTERNATIO , INC., AND AUTHORIZE THE PAYMENT
OF OUTST FY19 MAINTENANCE INVOICES IN THE
AMOUN O 86,300 (ALL DISTRICTS) -FOR SERVICES
BETWEE OBER 8 2018 THROUGH MARCH 25 2019
I~ 3
TH~DMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT (ALL DISTRICTS) -FOR ON-LINE SALES IN
Page 282
May 28, 2019
THE AMOUNT OF $997 FOR SURPLUS EQUIPMENT AND
$28,800 FOR TRADE-INV ALUE IN DISPOSED EQUIPMENT
Item #16E4
THE ADMINISTRATIVE REPORT PREPARED BY THE ~
PROCUREMENT SERVICES DIVISION FOR CHANGE ~ERS
AND OTHER CONTRACTUAL MODIFICATIONS ~ . ..--.. ~IRING
BOARD APPROVAL (ALL DISTRICTS) -FOR A AL OF SIX
CHANGES THAT HAVE A NET TOTAL OF $8 .25
Item #16E5
THE SALE AND DISPOSAL OF s.u -------ASSETS PER
RESOLUTION 2013-095 VIA P ~.......,,, UCTION ON JUNE 21 &
22, 2019; APPROVE THE ADD OF SURPLUS ITEMS
RECEIVED SUBSEQUENT E APPROVAL OF THIS
AGENDA ITEM FORS~ .... .....,~ THE AUCTION; AND
AUTHORIZE THE PRO MENT DIRECTOR, AS DESIGNEE
FOR COUNTY M N ¥iE , TO SIGN FOR THE TRANSFER OF
VEHICLE TIT ALL DISTRICTS
Item#16E ~
THE,~...,,... T FOR THE SALE OF ITEMS AND
D EMENT OF FUNDS ASSOCIATED WITH THE
C TY SURPLUS AUCTION HELD ON APRIL 26 & 27, 2019
(AL DISTRICTS)-TOTALING $385,710.00
Item #16Fl
Page 283
May 28, 2019
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY (ALL
DISTRICTS -FOR SERVICES FOR SENIORS EXPENSES
Item #16F2
RESOLUTION 2019-90: A RESOLUTION APPROVI
AMENDMENTS (APPROPRIATING GRANTS , D
CONTRIBUTIONS OR INSURANCE PROCEE ,...,,_~
FISCAL YEAR 2018-19 ADOPTED BUDG
Item #16F3
~IONS,
THE
ISTRICTS
AN AGREEMENT FOR INVITA O BID NO. 19-7513
"PELICAN BAY TREE PRUN O SAFE AND GREEN,
INC., D/B/A MONSTER T ~__,.l<-JRVICE OF SOUTHWEST
FLORIDA, AND AUT HE CHAIRMAN TO EXECUTE
THE ATTACHED AGR ENT DISTRICT 2
Item #16F4
AWARD "'"'~....J' TION TO BID (1TB) NO. 19-7536 FOR THE
PELICAN U.S. 41 BERM LANDSCAPE RESTORATION TO
STA ~....,,..L -ENGLAND IRRIGATION, INC. IN THE AMOUNT
0 00 AND AUTHORIZE THE CHAIRMAN TO EXECUTE
T TTACHED AGREEMENT (DISTRICT 2)-TO RESTORE
LA DSCAPE DAMAGED BY HURRICANE IRMA ON
PELICAN BAY U.S. 41 BERM
Item #1601
Page 284
May 28, 2019
ACCESS AGREEMENT TO GRANT TERRACON
CONSULTANTS, INC., ACCESS TO THE IMMOKALEE
REGIONAL AIRPORT TO PERFORM A PHASE I
ENVIRONMENTAL SITE ASSESSMENT UNDER THE US ~
ENVIRONMENTAL PROTECTION AGENCY (EPA) ~
BROWNFIELDS ASSESSMENT GRANT PROGRAM ( RICT
5) ~o
Item #1611
MISCELLANEOUS CORRESPONDENCE (
BAYSHORE GATEWAY TRIANGLE ~
Item# 16JI ~◊
SERVING AS THE LOCAL "'"'"'--''.&. DINATING UNIT OF
GOVERNMENT FORT ____,RIDA DEPARTMENT OF LAW
ENFORCEMENT'S FED L FISCAL YEAR 2018 EDWARD
BYRNE MEMOR AL U TICE ASSISTANCE GRANT (JAG)
COUNTYWID OGRAM AND (1) AUTHORIZE THE
CHAIRMA E CUTE THE CERTIFICATION OF
PARTICIE T ; (2) DESIGNATE THE SHERIFF AS THE
OFFICIAI.: LICANT AND THE SHERIFF'S OFFICE STAFF
AS ~.... INANCIAL AND PROGRAM MANAGERS; (3)
A IZE THE ACCEPTANCE OF THE GRANT IF AND
AWARDED; AND (4) APPROVE ASSOCIATED
BU GET AMENDMENTS AND APPROVE THE COLLIER
COUNTY SHERIFF'S OFFICE TO RECEIVE AND EXPEND THE
GRANT FUNDS (ALL DISTRICTS)
Page 285
May 28, 2019
Item #16J2
THE FY 2019 SCAAP LETTER DELEGATING AUTHORITY TO
SHERIFF KEVIN RAMBOSK TO BE THE OFFICIAL GRANT
APPLICANT AND CONTACT PERSON, OR HIS DESIGNE~
AND TO RECEIVE, EXPENDS THE PAYMENT AND M
ANY NECESSARY BUDGET AMENDMENTS OF THE 2 19
OF THE STATE CRIMINAL ALIEN ASSISTANCE P RAM
(SCAAP) GRANT FUNDS (ALL DISTRICTS) -F '--lr~-------LARY
EXPENSES BETWEEN JULY 1 2017 THROU E 30 2018
Item #16J3
THE DESIGNATION OF THE SH ~ THE OFFICIAL
APPLICANT AND POINT OF C T FOR THE U.S.
DEPARTMENT OF JUSTICE, SCHOOL VIOLENCE
PREVENTION PROGRAM T (SVPP) FY2019.
AUTHORIZE THE AC ..... ~--CE OF THE GRANT WHEN
AWARDED, APPROVE SOCIATED BUDGET
AMENDMENTS AND~P ROVE THE COLLIER COUNTY
SHERIFF'S OF E TO RECEIVE AND EXPEND 2019 SVPP
GRANT F ( L DISTRICTS) -THIS GRANT HAS A 25%
CASHM TC
T CORD 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 MAY 2, 2019 AND MAY 15,
Page 286
May 28, 2019
2019 PURSUANT TO FLORIDA STATUTE 136.06 (ALL
DISTRICTS)
Item #16J5
REQUEST THAT THE BOARD APPROVE AND DETEIUv,{~
VALID PUBLIC PURPOSE FOR INVOICES PAY ABLE_~
PURCHASING CARD TRANSACTIONS AS OF MA @ 2019
ALL DISTRICTS
Item #16Kl ~ M~; AND RELEASE THE ATTACHED SETTLEMENT AGR
BETWEEN THE COLLIER COlJN.T OF COUNTY
ROAD & BRIDGE,
BOULEY ARD OVER
COMMISSIONERS AND MAN ,..,...,~
INC., PERTAINING TO THE
CYPRESS CANAL BRIDGE
(ALL DISTRICTS) - A
OF THE PROJECT
Item #16K2
:JECT (PROJECT NO. 66066.10)
G FOR THE FINAL CLOSE OUT
AUTHOR-.\',~-t-E CHAIR TO EXECUTE A SETTLEMENT
AGREEM N THE CASE STYLED MARIE MICHELLE
JER ~..,,. COLLIER COUNTY (CASE NO. 18-CA-2065), NOW
P IN THE CIRCUIT COURT OF THE TWENTIETH
J .-J/</IAL CIRCUIT IN AND FOR COLLIER COUNTY, FOR
TH SUM OF $8,230.15 (ALL DISTRICTS) -DUE TO AN
INCIDENT THAT OCCURRED ON DECEMBER 6, 2016 AT THE
CAT TRANSFER STATION AT 3555 TAMIAMI TRAIL EAST
Page 287
May 28, 2019
Item #16K3
A MEDIATED SETTLEMENT AGREEMENT AND
STIPULATED FINAL JUDGMENT TO SETTLE FINAL
COMPENSATION FOR THE TAKING OF PARCEL 434RD IN
THE AMOUNT OF $20,832.50, INCLUDING STATUT~~
ATTORNEY FEES AND COSTS, AND EXPERT FEES
COSTS, IN THE LAWSUIT STYLED COLLIER CO V.
KINH THI PHAM, ET AL, CASE NO. 17-CA-1473 ~.,,._,UIRED
FOR THE GOLDEN GATE BOULEY ARD EXP N
PROJECT NO. 60145 (FISCAL IMPACT:$} 0 (ALL
DISTRICTS -FOR THE GOLDEN GATE B . EXPANSION
ltem#16K4 • ~°<)
A MEDIATED SETTLEMENT Al EMENT AND
STIPULATED FINAL JUDG,__-,_, T TO SETTLE FINAL
COMPENSATION FO ..... ..,.,,. KING OF PARCEL 445RDUE, IN
THE AMOUNT OF $26, INCLUDING STATUTORY
ATTORNEY FEE A"tjl) OSTS, AND EXPERT FEES AND
COSTS, IN TH WSUIT STYLED COLLIER COUNTY V.
JOHN R. BR , ET AL, CASE NO. 17-CA-1452, REQUIRED
FOR THE GO EN GATE BOULEY ARD EXPANSION
PROJECT . 60145 (FISCAL IMPACT: $22,851) (ALL
DISJ: -FOR THE GOLDEN GATE BLVD. EXPANSION
1Q 6K5
RESOLUTION 2019-91: APPOINTING FOUR MEMBERS TO
THE COASTAL ADVISORY COMMITTEE (ALL DISTRICTS)-
APPOINTING TERRY HUTCHINSON FOR THE REMAINDER
Page 288
May 28, 2019
OF TERM WITH TERM EXPIRING ON MAY 22, 2020, AND THE
REAPPOINTMENT OF THOMAS MCCANN WITH TERM
EXPIRING ON MAY 22, 2023, BOTH AS THE CITY OF NAPLES
REPRESENTATIVES AND ALSO REAPPOINTING DAVID
TRECKER AND JIM BURKE WITH TERMS EXPIRING ON ~
MAY 22, 2023 4 (b,
Item #16K6 (Commissioner Taylor voted "no" During ~~ a
Changes) ~~
RESOLUTION 2019-92: APPOINT A ME ~~ ~~HE PARKS
AND RECREATION ADVISORY BOARD ( ISTRICTS)-
APPOINTING DAPHNIE BERCHER W ERM EXPIRING ON
DECEMBER 31 2021
Item#16K7 ~
RESOLUTION 2019-93· .... 111~--~INT TWO MEMBERS TO THE
FOREST LAKES ROAD Y & DRAINAGE ADVISORY
COMMITTEE (DI T R)C 4) -REAPPOINTING BARBARA
GOODY WITH TERMS EXPIRING ON
TION 2019-94: REAPPOINT A MEMBER TO THE
B ORE/GATEWAY LOCAL REDEVELOPMENT
ADVISORY BOARD (DISTRICT 4) -REAPPOINTING KAREN
BEATTY WITH TERM EXPIRING ON MAY 22, 2022
Item #16K9
Page 289
May 28, 2019
WAIVE THE RESIDENCY REQUIREMENT FOR A MEMBER
OF THE IMMOKALEE BEAUTIFICATION MSTU ADVISORY
COMMITTEE (DISTRICT 5) -FOR THE REMAINDER OF HER
TERM WHICH EXPIRES ON SEPTEMBER 23, 2021 '
Item #16K10
AUTHORIZE THE CHAIRMAN TO EXECUTE A
o/ 04
AGREEMENT FOR SPECIALIZED LEGAL SE .&JO<C ___ ....
NTION
SON AN
J\KER,
WITZ, P.C.
"AS NEEDED" BASIS WITH THE LAW FI
DONELSON, BEARMAN, CALDWELL &
(ALL DISTRICTS) ~
~<> Item #16Kl 1
BOARD OF COUNTY COM-.~,__, IONERS DIRECTS THE
COLLIER COUNTY H ACILITIES AUTHORITY TO
DISBURSE GRANT F TO CERTAIN NONPROFIT
HEALTH SERVICE ~ENCIES (ALL DISTRICTS)-TO THE
FOLLOWING NCIES: CHS HEALTHCARE d/b/a
HEALTHC ~-------N WORK OF SOUTHWEST FLORIDA;
PHYSIC! N ..L.J _...,..., ACCESS NETWORK OF COLLIER COUNTY;
SENIOR F -"'"~_._ DSHIP CENTERS' FRIENDSHIP HEALTH
CL ~..., LIER; AND DAVID LAWRENCE MENTAL
H CENTER INC.
RESOLUTION 2019-95: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
Page 290
May 28, 2019
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2018-19 ADOPTED BUDGET (ALL DISTRICTS)
Item #17B
ORDINANCE 2019-07: AN ORDINANCE AMENDING
ORDINANCE NO. 2009-21, AS AMENDED, THE ESPL
GOLF & COUNTRY CLUB OF NAPLES RESIDENT
PLANNED UNIT DEVELOPMENT, AND AMEN~
ORDINANCE NO. 2004-41, THE COLLIER CO LAND
DEVELOPMENT CODE, BY AMENDING ~ OPRIATE
ZONING ATLAS MAP OR MAPS BY CHA THE ZONING
CLASSIFICATION OF AN ADDITION 1 ± ACRES OF LAND
ZONED RURAL AGRICULTU~ THE ESPLANADE
GOLF & COUNTRY CLUB OF ~\.~___, RESIDENTIAL
PLANNED UNIT DEVELOPME UD); BY REDUCING
THE MAXIMUM NUMBER ESIDENTIAL DWELLING
UNITS FROM 1233 TO --'----'R THE RPUD; TO MODIFY THE
MASTER PLAN; TO ETHE LEGAL DESCRIPTION; TO
MODIFY DEVELOP~N COMMITMENTS; AND BY
PROVIDING A FFECTIVE DATE. THE PROPERTY TO BE
ADDED TO DIS LOCATED JUST WEST OF COLLIER
BOULEY , PPROXIMATEL Y TWO-THIRDS OF A MILE
NORTH O OKALEE ROAD, IN SECTION 22, TOWNSHIP
48 S _,,__, NGE 26 EAST, COLLIER COUNTY, FLORIDA,
W.. E ENTIRE PUD CONSISTING OF 1,668.3± ACRES
P 80002020 DISTRICT 3
Page 291
May 28, 2019
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:24 p.m.
BOARD OF COUNTY COMMISSIONER~
BOARD OF ZONING APPEALS/EX ~
OFFICIO GOVERNING BOARD(S)
SPECIAL DISTRICTS UNDER IT NTROL
WILLIAM L. McDANIE ~-
ATTEST • A, 9o
CRYSTAL K. KINZEL, CLERK ~~,
~~<::r
✓
oved by the Board on _________ ,
or as corrected
RIPT PREPARED ON BEHALF OF U.S. LEGAL
S RT, INC., BY TERRI LEWIS, COURT REPORTER AND
NO ARY PUBLIC.
Page 292