BCC Minutes 06/25/2019 RJune 25, 2019
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 25, 2019
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: William L. McDaniel, Jr.
Burt L. Saunders
Donna Fiala
Andy Solis
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Derek Johnssen, Finance Director, Clerk of the Court
Troy Miller, Communications & Customer Relations
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June 25, 2019
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
June 25, 2019
9:00 AM
Commissioner William L. McDaniel, Jr., District 5 - Chair; CRAB Co-Chair
Commissioner Burt Saunders, District 3 – Vice-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Andy Solis, District 2
Commissioner Penny Taylor, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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June 25, 2019
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Pastor Eric Hausler of Christ the King Presbyterian Church
and Chaplain, Naples Jail.
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. May 28, 2019 BCC Meeting Minutes
C. June 4, 2010 BCC Workshop Minutes
3. AWARDS AND RECOGNITIONS
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A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation designating July 2019 as Parks and Recreation Month in
Collier County. To be accepted by Barry Williams, Division Director, and
members of the Parks and Recreation team.
5. PRESENTATIONS
A. Project update from Dr. Michael Savarese, Professor of Marine Science,
Florida Gulf Coast University, and Dr. Peter Sheng, Professor of Coastal &
Environmental Engineering, University of Florida, on the NOAA grant
funded project to develop a web-based interactive decision-support tool that
will enable natural resource managers and local governments to identify
areas of high vulnerability to sea-level rise and hurricane storm surge and
use this information for strategic coastal resiliency planning.
B. Brief recap of the Minto US Open Pickleball Championships that were held
April 27-May 4, 2019 at East Naples Community Park. To be presented by
Terri Graham and Chris Evon.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
A. This item to be heard no sooner than 11:00 a.m. Recommendation to
review the London of Naples, Inc. appeal to the Board of Zoning Appeals of
the application of the floor area ratio (FAR) for hotels in the General
Commercial/Gateway Triangle Mixed Use District-Mixed Use Subdistrict
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Overlay (C-4/GTMUD-MXD) zoning district and affirm the administrative
denial of SDPI-PL20180002049 based upon the direction for interpretation
provided for in LDC Section 1.03.01 D., and provide a policy determination
to the intent of the Bayshore Overlay District regarding the application of a
FAR intensity restriction for Hotels in the Overlay. The subject property
consisting of 1.98 ± acres at the eastern corner of the intersection of Davis
Boulevard and Tamiami Trail East in Section 11, Township 50 South and
Range 25 East, in Collier County, Florida. [PL20190000305] (District 4)
9. ADVERTISED PUBLIC HEARINGS
A. This item was continued from the May 14, 2019 BCC meeting, and
further continued from the June 11, 2019 BCC meeting.
Recommendation to further discuss the adoption of the Collier County
Property Assessed Clean Energy (PACE) Consumer Protection Ordinance to
better protect the public by providing additional requirements. (All Districts)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to approve a resolution renaming the Chokoloskee Bridge
to the “John Joseph Brown Memorial Bridge.” (District 5)
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve East Naples Community Park master plan to
renovate the park to accommodate the increased use of the park for
pickleball and to support the US Open Pickleball Championship activities at
the park. (Barry Williams, Director, Parks and Recreation Division).
(District 1, District 4)
B. Recommendation to award Request for Professional Services No. 18-7277,
“Public Utilities Department Complex Design,” to Stantec Consulting
Services, Inc., to provide professional architectural services in the amount of
$5,773,613, and authorize the Chairman to execute the attached agreement
and authorize the necessary budget amendment. (Dayne Atkinson, Project
Manager, Public Utilities Department) (District 5)
C. Recommendation to ratify an Agreement for Sale and Purchase, Amendment
to Agreement, and approve a Second Amendment to Agreement and Post
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Closing Agreement with Robert Vocisano and Mario Vocisano for the
purchase of the Golden Gate Golf Course located at 4100 Golden Gate Blvd,
not to exceed $29,115,120 and approve any necessary budget amendments.
(Nick Casalanguida, Deputy County Manager) (District 3)
D. Recommendation to review the offers submitted for the County-owned
parcel located between Immokalee Road and 4th Street Northeast (Randall
Curve parcel), provide direction to staff to pursue a Purchase and Sale (P&S)
agreement with the chosen offer, or refuse all offers and maintain the parcel
in inventory for future consideration; and authorize the County Manager to
negotiate a Developer Contribution Agreement (DCA) with Immokalee
Road Rural Village for the development of a joint County and School
District facility. (Toni Mott, Property Acquisition Manager) (District 5)
E. This item to be heard no sooner than 1:00 p.m. This item continued
from the May 28, 2019 BCC Meeting. Recommendation to direct staff on
next steps, if any, in regulating Short Term Vacation Rentals in the
unincorporated area of Collier County. (Jack Wert, Tourism Director) (All
Districts)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Proposed Future Workshop Schedule
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
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be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Isles of Collier Preserve
Phase 13A, Application Number PL20190000990. (This is a
companion to Agenda Item #17C). Both items must be approved or
denied on today’s agenda. (District 4)
2) Recommendation to approve final acceptance of the potable water
facilities for Grace Place PL20190000610, and accept the conveyance
of a portion of the potable water. (District 3)
3) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Madison Park Phase 2A, PL20110000699; Madison Park Phase 2B,
PL20110002005, and Madison Park Phase 2C, PL20130000920, and
to authorize the County Manager, or his designee, to release the Final
Obligation Bond in the total amount of $8,000 to the Project Engineer
or the Developer’s designated agent. (District 3)
4) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Madison Park Phase 1, PL20130000921, and Madison Park Phase A
Water Main Extension, PL20140001339. (District 3)
5) Recommendation to approve final acceptance of the sewer utility
facilities for Harborside Animal Clinic, PL20190000968. (District 4)
6) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Island
Walk Phase 7A-1, 7A-2, 7A-3 and 7A-4, PL20170001275. (District 3)
7) Recommendation to approve final acceptance of the potable water and
sewer facilities for Vanderbilt Commons Land Trust I/II – Phase 1,
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PL20170004321, 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 $15,363.06 to the Project
Engineer or the Developer’s designated agent. (District 3)
8) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Legacy Lakes, Application Number PL20140002259, and authorize
the release of the maintenance security. (District 5)
9) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Tuscany Pointe Two, Application Number PL20140001338, and
authorize the release of the maintenance security. (District 5)
10) Recommendation to seek approval for the electronic submission of the
County Incentive Grant Program (CIGP) Application with the Florida
Department of Transportation to fund a phase of Collier Boulevard
(CR 951) from the Golden Gate Main Canal to Green Boulevard
(Project No. 68057). (District 3, District 5)
11) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
124RDUE2) required for the widening of Orange Blossom Drive, east
of Airport-Pulling Road (Project 60211). (District 2)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to approve an agreement between Collier County
and the Collier County Community Redevelopment Agency
(Bayshore Gateway Triangle) to accept U.S. Department of Housing
and Urban Development Community Development Block Grant funds
in the amount of $300,000 for the Bayshore Gateway Triangle Fire
Suppression Infrastructure Project, authorize the Chairman of the
Board to sign the grant agreement and authorize the necessary budget
amendments. (District 4)
2) Recommendation that the Collier County Board of County
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Commissioners, acting as the Community Redevelopment Agency
(CRA), approves the Second Amendment to the 2018 CDBG
Subrecipient Agreement between Collier County and the CRA for
additional funding in the amount of $476,365 and a time extension for
the Immokalee Sidewalk 2018 Project, authorizes the Chairman of the
board to sign the amendment and authorizes necessary budget
amendments. (District 5)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to adopt a Resolution recommending protocols
relating to the preparation of documents by which County
Government conveys or acquires real property interests to ensure
uniform indexing and better facilitate the document retrieval process.
(All Districts)
2) Recommendation to increase the estimated annual expenditure
threshold for Purchase Order driven contract for Invitation to Bid
#18- 7390, “Bottled Drinking Water and Point of Use Water Coolers.”
(All Districts)
3) Recommendation to terminate Southwest Division Inc., from Contract
#16-7021, “Hammerhead and Designated Driveway Construction.”
(All Districts)
4) Recommendation to authorize a budget amendment for the Solid and
Hazardous Waste Management Division in the amount of $400,000 to
cover costs for the Collier County Landfill Operating Agreement. (All
Districts)
5) Recommendation to authorize a budget amendment in the total
amount of $1,226,900 to reallocate Public Utilities Department water
project funds to execute priority projects. (All Districts)
6) Recommendation to authorize Budget Amendments for the Facilities
Management Division in the amount of $2,222,200 to allocate
Infrastructure Sales Surtax Funding associated with the Heritage Bay
Emergency Medical Services (EMS) Station (Project No. 55211).
(District 4)
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7) Recommendation to authorize a Budget Amendment for the Facilities
Management Division in the amount of $2,900,000 within County-
wide Capital Projects Fund (301) to cover necessary Hurricane Irma
repair work. (All Districts)
8) Recommendation to authorize budget amendments to recognize
Cassena Road Water Line special assessment revenue and appropriate
same to accommodate additional loan repayment. (All Districts)
9) Recommendation to award Agreements for Request for Qualifications
No. 19-7525, “Annual Agreement for General Contractors,” for
Countywide general contractor services to Core Construction Services
of Florida, LLC, Chris-Tel Company of Southwest Florida, Inc. d/b/a
Chris Tel Construction, Wright Construction Group, Inc., Capital
Consulting, LLC, Compass Construction, Inc. and EBL Partners,
LLC. (All Districts)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to authorize the Chairman to sign the standard U.S.
Department of Housing and Urban Development (HUD) entitlement
agreements upon arrival; approve and authorize the Chairman to sign
fifteen (15) subrecipient agreements for activities previously approved
in the FY 2019-2020 Action Plan for the Community Development
Block Grant (CDBG), HOME Investment Partnership (HOME), and
Emergency Solutions Grant (ESG) Programs; and authorize the
necessary Budget Amendments, in the amount of $3,649,150, for the
HUD Fiscal Year 2019-2020 budget as approved in the HUD Action
Plan for entitlement funds. (This item is a companion to Agenda Item
16.D.2) (All Districts)
2) Recommendation to approve the Collier County FY 2019-2020 One
Year Action Plan for U.S. Department of Housing & Urban
Development (HUD) for Community Development Block Grant
(CDBG), HOME Investment Partnerships (HOME), and Emergency
Solutions Grant (ESG) Programs, including the reprogramming of
funds from previous years and estimated program income; approve
the Resolution, HUD Development Certifications and SF 424
Application for Federal Assistance; and authorize transmittal to HUD.
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(This Item is a companion to Agenda Item #16D1) (All Districts)
3) Recommendation to approve a Construction Agreement on the award
of Invitation to Bid No. 19-7579, for the Construction of Bus Shelters
at Wiggins Pass to Coastal Concrete Products LLC d/b/a Coastal Site
Development in the amount of $94,400 and authorizing the Chairman
to sign the attached agreement. (District 2)
4) Recommendation to approve ten (10) individual Developer Release of
Liens for a combined amount of $921,626.47 for 104 homes that have
remained affordable for the required 15-year period set forth in the
State Housing Initiatives Partnership Impact Fee Program. (All
Districts)
5) Recommendation to approve and authorize a Budget Amendment in
the amount of $13,750.17 and authorize the chairman to sign one (1)
release of lien for an Affordable Housing Density Bonus unit that is
no longer subject to the terms of the agreement. (All Districts)
6) Recommendation to approve eleven (11) individual Release of Liens
for a combined amount of $78,111.41 for homes that have remained
affordable for their required 15-year period set forth in the State
Housing Initiatives Partnership Impact Fee Program. (All Districts)
7) Recommendation to approve the FY19 Program of Projects and
submittal of a grant application for the Federal Transit Administration,
49 U.S.C. 5307 FY19 grant funds supporting transit system
operational and capital costs in the amount of $2,611,614 through the
Transit Award Management System, accept the award and authorize
any necessary Budget Amendments. (Total Fiscal Impact: $3,410,514)
(All Districts)
8) Recommendation to approve the FY19 Program of Projects and
submittal of a grant application for the Federal Transit Administration
(FTA), 49 U.S.C. 5339 FY19 grant funds supporting capital costs for
new and replacement buses and related equipment and facilities in the
amount of $372,752 through the Transit Award Management System
(TrAMS). (All Districts)
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9) Recommendation to approve and authorize the Chairman to sign the
First Amendment to the Agreement with FL Star Construction, LLC
(FL Star) for the administration of the State Housing Initiatives
Partnership Construction Assistance Program. (All Districts)
10) Recommendation to authorize the Chairman to sign a Memorandum
of Agreement with the Florida Fish and Wildlife Conservation
Commission to allow youth hunts for Collier County residents at
Pepper Ranch Preserve in January and February 2020. (District 5)
11) Recommendation to approve a State Housing Initiative Partnership
Sponsor Agreement between Collier County and Residential Options
of Florida, Inc. contract award of $300,000 for the purchase of a rental
property to serve those with special needs. (All Districts)
12) Recommendation to adopt by Resolution the revised State Housing
Initiatives Partnership Program Local Housing Assistance Plan for
Fiscal Years 2019-2020, 2020-2021, and 2021-2022 and authorize
submission to the Florida Housing Finance Corporation. (All
Districts)
13) Recommendation to recognize interest earned from the period January
2019 through March 2019 on advanced library funding received from
the Florida Department of State to support library services and
equipment for the use of Collier County residents in the amount of
$2,474.95. (All Districts)
14) Recommendation to approve a Grant Agreement accepting funding
from the Collier County Community Foundation in the amount of
$10,000 to install trees in the Immokalee Sports Complex and
authorize any necessary Budget Amendments. (District 5)
15) Recommendation to approve a Business Associate Agreement
between the Area Agency on Aging for Southwest Florida, Inc. (AAA
SWFL) and Collier County to comply with the terms of Federal
Health Insurance Portability and Accountability Act of 1996 in
accordance with the grantor’s policies and procedures. (All Districts)
16) Recommendation to approve to advertise an Ordinance establishing
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the Blue Sage Municipal Service Taxing Unit for the repayment of
funds in the amount of $8,623.93 that were used to make emergency
road repairs on a private street. (District 5)
17) Recommendation to approve a Release of Lien in the amount of
$8,519.87 for Mr. and Mrs. Halm and twelve (12) Releases of Lien for
units that have recorded impact fee deferral agreements that were not
utilized in the Bristol Pines Phase II community. (District 5)
18) Recommendation to approve the (NFC) Fitness Grant application
submittal in the amount of $90,000 for fitness courts associated with
the Collier County Sports Complex and Events Center, North Collier
Regional Park, and Big Corkscrew Island Regional Park. (All
Districts)
19) Recommendation to approve the FY2019/20 Transportation
Disadvantaged Trust Fund Trip/Equipment Grant Agreement with the
Florida Commission for the Transportation Disadvantaged in the
amount of $910,405 with a local match of $101,156 to assist with
system operating expenses, authorize the Chairman to execute the
Agreement and supporting Resolution, and authorize the required
Budget Amendments. (All Districts)
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to authorize expenditures for the sole source
purchase of geographic information system (“GIS”) solutions from
Esri, Inc., in an amount not to exceed $300,000 per fiscal year, for a
period of five years. (All Districts)
2) Recommendation to approve an Assumption Agreement assigning all
rights, duties and benefits, and obligations to Innovative Emergency
Management, Inc., under Agreement #17-7116 for the continuance of
disaster recovery consulting services. (All Districts)
3) Recommendation to approve and authorize the Chair to execute State
Funded Subgrant Agreement #A0002 accepting a Grant award
totaling $105,806 from the Florida Division of Emergency
Management for emergency management program enhancement and
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authorize the associated budget amendment. (All Districts)
4) Recommendation to extend the Interlocal Agreement between Collier
County and the Greater Naples Fire Rescue District for Management
of the Ochopee Fire District for one year or until a new Agreement is
executed. (All Districts)
5) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
6) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve a date change for Tourist Development
Tax Promotion funding to support the upcoming American Junior
Golf Association Junior Championship to July 21-25, 2019 for up to
$10,000 and make a finding that these expenditures promote tourism.
(All Districts)
2) Recommendation to direct the County Manager and the County
Attorney to suspend all provisions of Chapter 74 of the Collier County
Code of Laws and Ordinances and Chapter 10 of the Collier County
Land Development Code, pertaining to any payment of Impact Fees,
which are in conflict with CS/HB 207, which specifies that impact
fees may not be required to be collected any sooner than issuance of a
building permit; the suspension will remain in effect until such time
that the Collier County Code of Laws and Ordinance and the Collier
County Land Development Code are amended to comply with the new
requirements. (All Districts)
3) 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)
4) Recommendation to adopt a resolution approving amendments
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(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2018-19 Adopted Budget. (All Districts)
5) Recommendation that the Board of County Commissioners end the
FY19 agreement with Economic Incubators, Inc., to operate the
Collier County Accelerator Project, and accept the transfer of assets
and liabilities associated with the project. (District 4, District 5)
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, award Request for Proposals No. 19-7535,
“Airport Authority Car Rental Concessionaire,” and authorize its
Chairman to execute the attached Car Rental Service Concessionaire
Agreement with Enterprise Leasing Company of Florida, LLC to
provide car rental services at the Marco Island Executive Airport,
Immokalee Regional Airport and Everglades Airpark. (District 1,
District 5)
2) Recommendation to approve the rankings of firms for Request for
Professional Services (RPS) #19-7558 for “Design Services for IMM
Runway Rehabilitation and Taxiway Extension Projects” and to direct
staff to negotiate a contract with the top ranked firm, Hole Montes,
Inc. (District 5)
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve a budget amendment recognizing
$1,589,400 in revenues and expenditures in the Sheriff's FY2019
General Fund budget. (All Districts)
2) Recommendation to authorize the use of $25,000 from the
Confiscated Trust Funds to support the Junior Deputies League, Inc.
(All Districts)
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3) Recommendation to authorize execution of the budget amendment in
the amount of $135,000 for the 9-1-1 Next Generation Core Services
Implementation Support contractual services. (All Districts)
4) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of June 19,
2019. (All Districts)
5) 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 30, 2019 and June 12, 2019 pursuant to Florida
Statute 136.06. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to approve a Mediated Settlement Agreement and
Stipulated Final Judgment to settle final compensation for the taking
of Parcel 326RDUE, in the amount of $36,251, including statutory
attorney fees and costs, and expert fees and costs, in the lawsuit styled
Collier County v. Quan Wang, et al, Case No. 16-CA-1399, required
for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal
Impact: $31,351) (All Districts)
2) Recommendation to approve a Mediated Settlement Agreement and
Stipulated Final Judgment to settle final compensation for the taking
of Parcel 316RDUE, in the amount of $50,531.50, including statutory
attorney fees and costs, and expert fees and costs, in the lawsuit styled
Collier County v. Quan Wang, et al, Case No. 16-CA-1399, required
for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal
Impact: $38,431.50) (All Districts)
3) Recommendation that the Board of County Commissioners approve,
by supermajority vote, the County Attorney’s recommendation to
waive any potential ethics conflict as authorized by Ch. 112, Florida
Statutes for two Affordable Housing Advisory Committee (“AHAC”)
members engaged in the affordable housing industry. (All Districts)
4) Recommendation to appoint a member to Bayshore/Gateway Triangle
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Local Redevelopment Advisory Board. (District 4)
5) Recommendation to appoint four members to the Black Affairs
Advisory Board. (All Districts)
6) Recommendation to approve and authorize the Chairman to sign a
Settlement Agreement in the amount of $5,000 to settle the lawsuit
styled Landon Reed v. Collier County Board of County
Commissioners, Case No. 2:18-cv-350-FtM-29MRM now pending in
the United States District Court, Middle District of Florida Fort Myers
Division. (All Districts)
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
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A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20190000439 to disclaim, renounce and vacate a portion of Tract C1, a
Conservation and Buffer Easement, being a part of Naples Heritage Golf and
Country Club Phase One, Plat Book 26, Page 73 of the Public Records of
Collier County, Florida. The subject property is located approximately 1000
feet southeasterly of Davis Blvd, in Sections 4 and 9, Township 50 South,
Range 26 East, Collier County, Florida. (This is a companion to Agenda
Item 17.B) (District 3)
B. This item requires that ex parte disclosure be provided by the
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve an
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Ordinance amending Ordinance No. 95- 74, the Naples Heritage Golf and
Country Club Planned Unit Development; by revising the master plan to
reduce the preserve tract by 2.90 acres and add 2.90 acres as a recreation
area for the relocation of the tennis center within Tract A, just north of
Naples Heritage Drive; and providing an effective date. The subject
property, consisting of 558± acres, is located south of Davis Boulevard and
west of Collier Boulevard in Sections 3, 4, 9 And 10, Township 50 South,
Range 26 East, Collier County, Florida. [PL20180002619] (This is a
companion to Agenda Item #17A) (District 3)
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20190000440, to disclaim, renounce and vacate the County and the public
interest in a portion of the drainage easement as recorded in Official Record
Book 4385, Page 3675 of the public records of Collier County, Florida,
located approximately two thirds of a mile southwest of U.S. 41 (Tamiami
Trail East) in Section 24, Township 50 South, Range 25 East, Collier
County, Florida. (This is a companion to Agenda Item #16A1) (District 4)
D. Recommendation to approve an Ordinance amending Ordinance Number 04-
41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of
Collier County, Florida, to add standards and requirements for permanent
emergency generators for single family and two family dwellings, by
providing for: Section One, Recitals; Section Two, Findings of Fact; Section
Three, Adoption of Amendments to the Land Development Code, more
specifically amending the following: Chapter Four - Site Design and
Development Standards, including Section 4.02.01 Dimensional Standards
for Principal Uses in Base Zoning Districts; Chapter Five - Supplemental
Standards, adding Section 5.03.07 Permanent Emergency Generators;
Section Four, Conflict and Severability; Section Five, Inclusion in the
Collier County Land Development Code; and Section Six, Effective Date.
[PL20180003486] (All Districts)
E. Recommendation to adopt an Ordinance establishing the Currents
Community Development District located in unincorporated Collier County
and containing approximately 516.28 acres; providing for the authority of
the ordinance; providing for the establishment of the boundaries for the
Page 18
June 25, 2019
Currents Community Development District; providing for the designation of
the initial Board Members; providing for the District name; providing for
Statutory Provisions governing the District; providing for consent to special
powers; providing for Petitioner's Commitments; providing for conflict and
severability; providing for inclusion in the Code of Laws and Ordinances;
and providing for an effective date. [PL20190000793] (District 1)
F. Recommendation to adopt an ordinance amending Ordinance No. 17-16, as
amended, to amend the external boundaries of the Fiddler’s Creek
Community Development District #2, by contraction of 210.003± acres,
pursuant to Chapter 190.046, Florida Statutes. (District 1)
G. Recommendation to approve 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)
H. Recommendation to adopt a new ordinance to be called the Pollution
Control and Prevention Ordinance, repealing and replacing Ordinance No.
87-79, regarding the Transportation and Disposal of Sludge and repealing
Resolution No. 88-311 regarding fees for sludge transportation and disposal
permits. (All Districts)
I. This item has been continued from the June 11, 2019 BCC meeting. This
item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20180003283, to disclaim, renounce and vacate the County and the public
interest in a portion of the Park and Preserve Area located in Block “K” and
a portion of the Drainage Easement located in Tract “N” of Royal Wood
Golf and Country Club, Unit One, as recorded in Plat Book 15, page 16 and
a portion of the Drainage Easement located in Tract “N” of Royal Wood
Golf and Country Club, Unit Two, as recorded in Plat Book 15, page 19 of
the public records of Collier County, Florida, located in the northwest
quadrant of Rattlesnake Hammock Road and Santa Barbara Boulevard in
Section 17, Township 50 South, Range 26 East, Collier County, Florida and
to accept Petitioner’s grant of a Conservation Easement to replace the
vacated portion of the Park and Preserve Area and Drainage Easements.
(District 1)
Page 19
June 25, 2019
J. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2018-19 Adopted Budget. (All Districts)
K. This item is being continued to the July 9, 2019 BCC meeting. This item
requires that ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a Resolution of the
Board of Zoning Appeals of Collier County, Florida providing for the
establishment of an asphalt and concrete batchmaking plant in the
Agricultural (A) zoning district within the Rural Fringe Mixed Use Overlay-
Receiving Lands pursuant to Section 2.03.08 A.2.a.(3)(c)(viii) of the Collier
County Land Development Code, for 5.16± acres of a 7.3± acre parcel
located approximately one half mile north of Tamiami Trail East, at the end
of Auto Village Road, in Section 18, Township 51 South, Range 27 East,
Collier County, Florida. [PL20170002361] (District 1)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
June 25, 2019
Page 2
MR. OCHS: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, you have a live mic.
CHAIRMAN McDANIEL: Good morning, everybody.
COMMISSIONER FIALA: Good morning.
CHAIRMAN McDANIEL: Happy to have you here.
COMMISSIONER FIALA: I thought I'd drop by.
CHAIRMAN McDANIEL: I'm glad that you did. Oh, don't you
look pretty today. She's got her 4th of July -- we're not even --
COMMISSIONER FIALA: I'm part of the parks people, right?
CHAIRMAN McDANIEL: Yeah. We're wondering -- when
we show up and see all red shirts, we're thinking they need money.
That's what it is.
All right. As is usually the case, let's do the prayer and the
pledge. The invocation this morning is going to be given by Pastor
Eric Hausler of Christ the King Presbyterian Church.
How'd I do on the name, sir?
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
PASTOR HAUSLER: Pretty close.
CHAIRMAN McDANIEL: Okay.
PASTOR HAUSLER: In the Old Testament, the book of
Proverbs, it says, "The Lord gives wisdom, and blessed is the one
who finds wisdom." So in my invocation, I'll be asking for God to
give you all wisdom as you make decisions that affect this county,
because God gives it generously.
Let us pray.
Our gracious Heavenly Father, we bow before you, and we
June 25, 2019
Page 3
thank you for this sweet place we live in Collier County. Thank you,
Lord, for the law enforcement personnel who put their lives on the
line morning, noon, and night so that we can live in safety and peace.
Thank you for the first responders and the excellent care that we
receive here. Thank you for our government, our county government
staff and elected officials. Thank you for this wonderful community
and neighborhoods that we call home. Thank you for the peace and
safety and opportunities that we have here and prosperity that we
enjoy.
Oh, Lord, we do pray that you would give all those who speak
today great wisdom, especially those who have responsibility to make
decisions. Your word says that if we lack wisdom, we can ask of
you, and you'll give it generously.
So bless this meeting. May everyone who speaks speak with
wisdom. Give wisdom in the decisions that are made.
We ask for your blessing on all who are here. We thank you for your
grace and mercy. We pray in your most holy name. Amen.
CHAIRMAN McDANIEL: Thank you, Pastor. That was very
nice.
Commissioner Taylor, will you lead us this morning?
COMMISSIONER TAYLOR: I'd be happy to.
(The Pledge of Allegiance was recited in unison.)
Item #2A
TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY
COMMISSION MEMBERS FOR CONSENT AGENDA.) -
APPROVED AND/OR ADOPTED W/CHANGES
(COMMISSIONER SOLIS ABSENT) (ITEM #16F5 CONTINUED
TO THE JULY 9TH, 2019 BCC MEETING BY COMMISSIONER
June 25, 2019
Page 4
TAYLOR DURING AGENDA CHANGES)
MR. OCHS: Good morning, Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners' meeting of June 25th, 2019.
The first proposed change is to move Item 17H from your
summary agenda to become Item 9B under advertised public
hearings. This is a recommendation to adopt an ordinance, the
Pollution Control and Prevention Ordinance, specifically. This item
was moved at Commissioner McDaniel's request.
The next proposed change is to move Item 16F5 from your
consent agenda to the regular agenda. It would be Item 11F. This is
a recommendation to wind down an operating agreement with
Economic Incubators, Incorporated. This is at the staff's request. I
understand from a brief conversation with Commissioner Taylor this
morning she has a supplemental request regarding this item.
COMMISSIONER TAYLOR: Yes. Thank you, County
Manager.
I did have a morning conversation just before we came into the
meeting room with Mr. Grant, and he's asked that we continue this to
July the 9th meeting, and that would give him an opportunity to
speak with the County Attorney just to make sure that everything is
appropriately worded, and he appreciates that consideration.
MR. OCHS: The only thing I would ask, Commissioners, if you
do that, is that you just continue to endorse the plan that we've
discussed at your recent budget workshop where the staff will
transition and take over the day-to-day operations on July 1 there so
we have no gap in service.
COMMISSIONER FIALA: What do you need from us? Nods
from everybody?
CHAIRMAN McDANIEL: Well, we'll make the adjustments
June 25, 2019
Page 5
for the continuance when we get to actually doing the agenda.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: I think that would be fine. I don't
have an issue, as long as it doesn't put a kink in the wheel.
So with that...
MR. OCHS: I'm sorry.
CHAIRMAN McDANIEL: You have some others, I think.
MR. OCHS: No, just some reminders on time-certains so
everybody can kind of adjust their schedule here during the day. It
will be a long meeting, I believe. And we have a couple of
time-certain hearing items in the morning and then some afternoon
hearings that have been set.
CHAIRMAN McDANIEL: As long as we can keep
Commissioner Saunders under control, I think we'll be moving right
along.
MR. OCHS: Well, that's a full-time job, sir.
At 10 a.m. you're scheduled to hear Item 11D. This is the
presentation on the 47-acre Randall Curve parcels.
Then at 11 a.m., or at least no sooner than 11 a.m., I should say,
you're scheduled to hear Item 8A. This is the Board of Zoning
Appeals hearing regarding the Bayshore/Gateway Overlay District.
And then you have two items that will be heard no sooner than
1 p.m. today, Commissioners. Those include Item 9A, which is a
recommendation to consider the adoption of a consumer protection
ordinance related to your PACE program, and, finally, Item 11E.
This is the continued discussion of potential regulatory measures
regarding short-term vacation rentals in Collier County.
And those are all of the changes that I have today, Mr. Chairman.
CHAIRMAN McDANIEL: Outstanding.
Are there any other adjustments to the agenda?
(No response.)
June 25, 2019
Page 6
CHAIRMAN McDANIEL: And then we'll go ahead and go into
our ex parte.
COMMISSIONER FIALA: Okay, fine. Thank you very much.
By the way, I have no corrections or additions or anything for the
agenda, and when it comes to the consent agenda --
MR. OCHS: Commissioner, I'm sorry to interrupt. We need to
get you a little closer to the microphone.
COMMISSIONER FIALA: Oh, I'm sorry. Okay. Thank you.
I'm sure everybody wants to hear my scintillating tones.
CHAIRMAN McDANIEL: Scintillating.
COMMISSIONER FIALA: Yeah. I have nothing on the
consent agenda, but on the summary agenda, 17A -- and this subject
is the Naples Heritage Golf and Country Club, and 17B is the same.
And I've met with members of the master association of Naples
Heritage and also with committee members, and that's it for me.
I don't have anything on 17C. Let me just check and make sure.
Oh, but 17I, which is the Royal Wood Country Club, I've had a lot of
communications with them. I attended their groundbreaking. I've
had a multitude of mail from them all weighing in on their -- on their
concern. They want to keep this thing moving forward, and that's
what they've said.
I've had correspondence, emails, phone calls, meetings, and I've
met with a few people outside in Royal Wood as well as meetings in
my office.
And then on 17K, which is the Auto Village Road, I had emails
from nearby homeowners and met with the applicant and also the
Hearing Examiner.
CHAIRMAN McDANIEL: Outstanding.
Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you very much.
I do have -- I have nothing on the consent agenda to declare. I
June 25, 2019
Page 7
do have two items, 17A and 17B, which is the Naples Heritage Gulf
and Country Club items on the summary agenda. Those -- the ex
parte includes meetings, correspondence, emails. And this goes back
probably three or four years, because a long time ago it had to do
with -- also with the -- with this issue, but it had to do with neighbors.
So that pretty much sums it up for me with ex parte.
And the only other issue is I would like to request that 16F5 be
continued until our next meeting and that the county proceeds with
the plan in place without delay because of the hearing of this issue or
putting it on the agenda.
Thank you very much.
CHAIRMAN McDANIEL: I'll second that motion.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Mr. Chairman, I have some
ex parte on 17A and 17B just dealing with the Naples Heritage Club
and Country Club. No other ex parte and no other changes to the
agenda.
MR. MILLER: Mr. Chairman, I do have one registered speaker
for Item 17G.
CHAIRMAN McDANIEL: Yes, sir. You shared that with me.
We'll go to him in a minute.
MR. MILLER: Yes, sir.
CHAIRMAN McDANIEL: And I as well have ex parte on 17A,
meetings and emails; 17B, meetings and emails; and then no other ex
parte to disclose.
And before we adopt -- the speaker is here to speak in favor of
the golf cart ordinance on Chokoloskee, so I think we should hear
from him.
Briefly, Michael, and then --
MR. MILLER: Steven Riley.
CHAIRMAN McDANIEL: I'm sorry?
June 25, 2019
Page 8
MR. MILLER: His name is Steven Riley.
CHAIRMAN McDANIEL: Forgive me, Steven. I misspoke,
but go ahead.
MR. RILEY: Good morning. I just wanted to say my name is
Steven Riley, and I haven't done any public speaking in a while, so
I'll just read from my notes.
The good people and small businesses of Chokoloskee who -- all
want to thank you for taking the time to make our little island
community legally golf cart friendly. We would like to especially
recognize Commissioner McDaniel who met with me, got the ball
rolling for us with all the paperwork, review process, and meetings.
I, in another world, many moons ago, spent 15 years in small-town
government in Vermont as town selectman. I know firsthand just
how important is -- good hard-working staff are.
And to name a few: Sue Filson, Mary Joe Brock, not only
listened to all my questions, explained how the process works to me,
and could not have been nicer all at the same time; your Growth
Management Department, the transportation engineers, especially,
Daniel Hall, who took the time to come to our meeting, and actually
listened; the County Attorney's Office and the County Manager's
Office all, I know, played a role in making this designation happen,
so we wish to thank all of them as well.
I would like to recognize also the Collier County Sheriff's
Department led by Lieutenant Jake Walker in our district and
Sergeant Hall, both of whom suggested our meeting down there,
came to our meeting, explained the law, and then helped us from
there on out.
This designation might not seem like a big deal to most, but to
the working folks and the full- and part-time residents that use their
golf carts every day to get around our little island, this was a very big
deal.
June 25, 2019
Page 9
Thank you all, once again, for those that had a part in this.
CHAIRMAN McDANIEL: Absolutely. Thank you.
MR. MILLER: Mr. Chairman, I was just handed a slip for
Item 17D, and that's to do with emergency generators.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER FIALA: With what?
CHAIRMAN McDANIEL: Emergency generators. 17D. No
one's pulling these items, and they've already been approved. If the
speaker would like --
MR. MILLER: Yes. Mr. W.J. Klug. Sir, would you like to
speak?
MR. KLUG: Yes. I live at -- in Winding Cypress, which is a
brand-new community and Commissioner Fiala's district. I'm glad to
be back in your district, Commissioner.
And I'm here to speak about the generator -- the emergency
generator provisions. I bought in the Winding Cypress because
Winding Cypress had natural gas, and the reason I was interested in
natural gas is basically at heart I'm a planner. And I've been in this
community since the early '90s.
As a matter of fact, my parents moved down here in 1980, and I
started snow-birding in 1992, and in 1999 I came down permanently.
So I do know a little bit about the community. I've been involved in
public service for quite some time. Been on several boards.
Anyway, I moved into Winding Cypress with the idea of being
able to install an emergency generator. And as I understand it, when
I committed for the purchase, I could install it. I don't really
understand the procedures of what happened, but apparently there
was a change in the ordinances.
My setback is five feet, one inch, and apparently the change
after Irma was to increase the setback to, like, seven-and-a-half feet.
And so, therefore, when I applied for the generator when I tried
June 25, 2019
Page 10
to buy the generator, the people at Generac said that at the current
time I couldn't install the generator because I was -- my setback is
only five feet, and I believe that the current setback is
seven-and-a-half feet. I don't understand why it was changed, but
here -- neither here nor there, it was changed.
I am here to ask you to vote for the 17D, I believe it is, which is
going to change that back to five feet. I won't go through all the
nuances for it, but I am -- I've got diabetes. I don't want to get too
much involved in this, but I've got diabetes. I've got peripheral
neuropathy. My granddaughter is mentally disturbed -- mentally
debilitated, and my daughter is on the way to going blind.
CHAIRMAN McDANIEL: Sir?
MR. KLUG: So I really didn't --
CHAIRMAN McDANIEL: I'm not looking to cut you off, but
your three minutes are up, and we have voted in favor of this already,
and --
MR. KLUG: Okay. I am in favor of the 17D.
CHAIRMAN McDANIEL: So are we.
MR. KLUG: And I thank you very much. Nice to see you
again.
CHAIRMAN McDANIEL: And good luck with your family,
sir.
So anybody else, Mr. Troy?
MR. MILLER: No, sir. That's it.
CHAIRMAN McDANIEL: Okay. Very good.
COMMISSIONER FIALA: I would like to mention something
about 17D. I think we should have some flexibility there because I
fear the five feet won't allow -- like, for instance, rescue services
coming in, or fire trucks or anything or somebody coming in with a
gurney and needing to get somebody out, and they'll never be able to
fit in between them. At the same time I think it should be the new
June 25, 2019
Page 11
building that's going on rather than -- we've got to accommodate the
people that are already here and have had a rule to live by, and I think
maybe --
CHAIRMAN McDANIEL: Correct.
COMMISSIONER FIALA: -- we should have that for another
discussion, but I think we have to be flexible here.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER FIALA: Okay?
CHAIRMAN McDANIEL: Yes, ma'am.
All right. It's been moved and seconded that the agenda as
proposed and adjusted is approved. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Proposed Agenda Changes
Board of County Commissioners Meeting
June 25, 2019
Move Item 17H to Item 9B: Recommendation to adopt a new ordinance to be called the
Pollution Control and Prevention Ordinance, repealing and replacing Ordinance No. 87-79,
regarding the Transportation and Disposal of Sludge and repealing Resolution No. 88-311
regarding fees for sludge transportation and disposal permits. (Commissioner McDaniel’s
request)
Move Item 16F5 to Item 11F: Recommendation that the Board of County Commissioners end
the FY19 agreement with Economic Incubators, Inc., to operate the Collier County Accelerator
Project, and accept the transfer of assets and liabilities associated with the project. (Staff’s
request)
Time Certain Items:
Item 8A to be heard no sooner than 11:00 a.m.
Item 9A to be heard no sooner than 1:00 p.m.
Item 11D to be heard at 10:00 a.m.
Item 11E to be heard no sooner than 1:00 p.m.
7/11/2019 4:25 PM
June 25, 2019
Page 12
Item #2B and #2C
MAY 28, 2019 BCC MEETING MINUTES AND JUNE 4, 2010
BCC WORKSHOP MINUTES – APPROVED AS PRESENTED
MR. OCHS: Mr. Chairman, that takes you to Items 2B and 2C.
These are approval of the May 28th, 2019, Board of County
Commissioners' meeting minutes, and the June 4th, 2019, Board of
County Commissioners' workshop meeting minutes.
COMMISSIONER FIALA: I make a motion to approve both of
these meeting minutes.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
the minutes as printed are approved. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. OCHS: Thank you, sir.
Item #4A
PROCLAMATION DESIGNATING JULY 2019 AS PARKS AND
RECREATION MONTH IN COLLIER COUNTY. ACCEPTED BY
BARRY WILLIAMS, DIVISION DIRECTOR, AND MEMBERS
OF THE PARKS AND RECREATION TEAM – CONSENSUS
June 25, 2019
Page 13
MR. OCHS: Commissioners, that takes us to your
proclamations this morning.
Item 4A is a proclamation designating July 2019 as Parks and
Recreation Month in Collier County. To be accepted by Barry
Williams, division director, and the members of our Parks and
Recreation team. If you'd please step forward.
(Applause.)
COMMISSIONER TAYLOR: Dr. Savarese, how did you get
this job?
DR. SAVARESE: I'm moonlighting as a county photographer.
(Applause.)
COMMISSIONER FIALA: Thanks for all you do for all of us.
CHAIRMAN McDANIEL: Moving on.
MR. OCHS: Thank you, sir.
We move to this morning's presentations.
Item #5A
PROJECT UPDATE FROM DR. MICHAEL SAVARESE,
PROFESSOR OF MARINE SCIENCE, FLORIDA GULF COAST
UNIVERSITY, AND DR. PETER SHENG, PROFESSOR OF
COASTAL & ENVIRONMENTAL ENGINEERING,
UNIVERSITY OF FLORIDA (VIA WEBCAST), ON THE NOAA
GRANT FUNDED PROJECT TO DEVELOP A WEB-BASED
INTERACTIVE DECISION-SUPPORT TOOL THAT WILL
ENABLE NATURAL RESOURCE MANAGERS AND LOCAL
GOVERNMENTS TO IDENTIFY AREAS OF HIGH
VULNERABILITY TO SEA-LEVEL RISE AND HURRICANE
STORM SURGE AND USE THIS INFORMATION FOR
STRATEGIC COASTAL RESILIENCY PLANNING –
June 25, 2019
Page 14
PRESENTED
MR. OCHS: Item 5A is a project update from Dr. Michael
Savarese, Professor of Marine Science at Florida Gulf Coast
University, and Dr. Peter Sheng, Professor of Coastal Environmental
Engineering at the University of Florida, regarding the NOAA grant
funded project to develop a web-based interactive decision support
tool that will enable natural resource managers and local
governments to identify areas of high vulnerability to sea level rise
and hurricane storm surge and use this information for strategic
coastal resiliency planning.
Dr. Savarese, good morning. I have to take a rest after that.
DR. SAVARESE: Yeah. That was a mouthful. Anyway.
Good morning, Commissioners, staff. Thanks for letting us have the
time to speak. I'm talking to you here in person. Peter Sheng is
connected to us remotely from Gainesville at University of Florida.
He's listening in, and he's going to provide the bulk of the
information in just a few minutes.
My role this morning is really just to quickly reacquaint you
with the project and introduce you to the products that are now
available to be used to help with this effort, and then Peter is going to
spend a lengthy bit of time introducing you to those products and
running a couple of demonstrations to show you how those projects
actually work and how they can be of great help to the county.
As Leo said in that long title introduction, this is really about
providing Collier County with the tools that it needs to look at its
vulnerability to future climate change effect, specifically sea level
rise and future storminess as we move on into the rest of this century.
ACUNE, you can see the name up there. That's the acronym for the
web-based interactive decision support tool. In essence these -- it's
not one tool. It's really a family of tools. These tools will be
June 25, 2019
Page 15
available to you with our guidance to help you look very carefully at
what's at risk on the Collier County landscape.
Just to quickly brief you or re-familiarize you with the NOAA
project, this has been a three-year project bringing $1 million to
Collier County and its municipalities to understand its vulnerability.
We are, as a science team, a collection of 11 principal investigators
involving three universities and five agencies.
Peter Sheng is the Lead Engineer and Modeler, and he's the
person that's compiling and producing modeling products. My role
has been really to serve as a liaison to the Collier County community.
This is my home, the place I love, and the place I'd like to see benefit
greatly from these tools. So we make a good -- a good team.
We completed our second year of three years. Our second year
ended at the end of May, so we're in Year 3. We're on track, we've
got good stuff, and we're ready to share.
Just to remind you, the purpose of this project is really to
provide tools to resource managers, and it's all flavors of resource
managers. People managing the urban landscape, which is a
principal job of county and municipal government. It also involves
natural resource managers and culture resource managers because all
three of those flavors of resources are going to be affected by sea
level rise and storminess as we move into the future. And we, as
tendees of the project, have always advocated that it's important to
address the vulnerabilities of all three in concert and not ignore one
or the other.
So it's really about providing the tools to predict how those
resource assets are likely to be affected by sea level rise and future
storms. And an asset can be anything from an infrastructural element
on the landscape, like a stormwater system. It may be a road. It may
be the healthcare system. It may be archaeological sites. It may be
critical habitat, wetland habitat. Those are the assets that are going to
June 25, 2019
Page 16
be affected and vulnerable to these changes.
And then, in essence, as I've said to you before in the past in
previous presentations, it's not enough just to look at how vulnerable
you are. It's important to use that information to do the adaptation
planning and to determine how the future landscape is going to be
used.
So this is an opportunity for the county to be proactive about
avoiding problems, increasing its resilience, and making critical
decisions about how acreage throughout the county is going to be
used effectively, safely, and healthy as we move into the future.
And, again, this really involves Collier, Naples, Marco Island,
Everglades City. So all three of the municipalities are on board with
this, but it also involves the greater, greater community, and not just
government.
Let me talk to you a little bit about ACUNE. ACUNE, again, is
an acronym that stands for Adaptation of Coastal, Urban, and Natural
Ecosystems. And, again, it's a family of tools, a suite of tools that
look at how the landscape is likely to respond as we move into the
future, as sea level goes up, as we get impacted by future storms.
They're all computer models. So these are models based on best
science. The bulk of the principal investigatory team, the scientists
involved, are bringing their expertises to the table to produce the
models that are providing the greatest predictability and accuracy so
that we have a better sense as to what we might be up against in the
future.
The models -- all the tools are targeted on three future dates.
You see the dates up there: 2030; 2060 -- 2030 is just around the
corner. 2060 is far enough away that, for example, infrastructural
improvement projects or redevelopment projects could be designed in
anticipation of 2060; and 2100 takes us far enough in the future to
think in a big-picture sense as to what the county might have to deal
June 25, 2019
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with as we move into the future.
And we, in concert with government and with other resource
managers, have decided on using three sea level rise magnitudes for
each of those dates. So the models are basically based on those three
dates with three levels: A low, medium, and high level of sea level
increase as we move into the future.
Today there are two suites of tools that Peter is going to present
to you and demonstrate their use. So I'm very excited for you. I
think you'll get a good sense of how valuable these tools are. Let me
just introduce to you the tools that are now available that you're going
to see demonstrated in just a moment.
The first are seawater inundation models. Okay. So these are
models that look at seawater, marine water coming over the coastal
edge in response to sea level rise from tidal flooding during times of
high tide and also from storm surge as storms hit on top of higher sea
level because of sea level rise.
And these models can be run with or without storms. You can
look at sea level independently. You can look at it in concert with
storms. So it gives you a chance of seeing how the landscape is
likely to be afflicted by nuisance flooding, the kind of nasty high tide
flooding that -- the sunny day flooding that Miami Beach always
talks about, and it also gives you a chance to see how the county's
landscape is likely to respond when storm surge sits on top of sea
level rise.
These models are remarkably complicated and sophisticated.
Probably the most interesting thing about them and what makes them
unique and gives Collier County a leg up over other efforts is that the
models account for what we call the attenuation effects of landscape.
The landscape is your friend.
Certain parts of the landscape do a better job of slowing down
the incursion of seawater during a storm and during sea level
June 25, 2019
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flooding. Things like wetlands, mangroves, salt marshes, dunes
inhibit that flow. So those natural resources, if you will, provide the
county with a greater potential for resilience as we move into the
future. And these models all account for those attenuation effects
which, again, gives Collier County an advantage in its planning
strategies. So that's the first set of models you're going to see
demonstrated in just a moment.
The second is really an interesting outcome of the work that
Peter and his team have done thus far. This is what he and his team
call a rapid forecasting system. It basically will enable emergency
management people in the county and emergency management
people only -- I'll explain that in a minute. It will give them
information about the potential effects of pending storms.
So as a storm is coming in, an Irma-like storm is coming in and
going to make landfall somewhere in the county sometime in the near
future, it gives emergency managers the ability to manipulate that
storm experimentally.
The Emergency Management can change the storm track. They
can change the size of the storm. They can change the characteristics
of the storm. And they -- then emergency management can run these
simulations through this rapid forecasting system very, very quickly
to give them additional information that could help them in their
management decisions.
So it's basically a tool that supplements the information that
Emergency Management has to deal with the impacts of impending
storms. This kind of tool would never supersede or replace any
recommendations that come from the National Hurricane Center.
These are meant just to be heuristic tools; tools that provide greater
information for Emergency Management. And they would be for
exclusive viewing and use by Emergency Management people. So it
would be up to the Emergency Management people to decide whether
June 25, 2019
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or not any of those simulations would be helpful with their
management strategies.
So those are the two collections you're going to see in just a
minute. Peter's going to introduce those tools and demonstrate their
utility.
Let me just finish up by two other things. I wanted to show you
what -- the sea level rise magnitudes that we're going to be using --
that are being used in the models.
You can see in this table are the three dates: 2030, 2060, 2100;
and then each one of those cells lists a low, medium, and high sea
level rise magnitude in feet. So in 2030 we may experience
something as low as less than half a foot of sea level rise. I hate to
bring this up, because it's kind of scary. In 2100 it's possible the sea
level height might be as much as eight feet higher than it is today.
So these are the numbers we're using in the simulations. This will
give you a nice suite of simulations to look at various possibilities as
we move into the future.
The last piece: I wanted to talk a little bit about the community
engagement aspect of this project. As this scientific work has been
going on and as these tools are being developed, we -- a collection of
the team members and people from the county, volunteers, have gone
into the community and asked those people in the community to
speak about their concerns and to talk about what they view as assets.
So this is a part of the project that involves asset identification
and asset mapping. An asset is something of value today or
something of value in the future that sits on the Collier County
landscape. They may be facilities. They may be services. They may
be resources. But they're important to Collier County, and
presumably it's something you would want to know something about
their vulnerabilities.
What assets are being identified -- they're mapped, and the
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position of those assets can then be placed on a map on top of the
modeling results. So if you're seeing a simulation of inundation
because of sea level rise in 2030 and you know where your assets are,
on the map you can see specifically how those assets are likely to be
affected. So it provides insights for how -- what's a value might be
affected.
Now, we've done this two ways. We've gone into the
professional community, people working for county and city
government, natural and cultural resource managers. We've
compiled descriptions and locations of assets from these people, and
they're already within the database, and the models can be run on top
of those maps.
In addition, we've solicited assets from 80 or so community
leaders. These are civic leaders representing various sectors of the
economy and social services, including healthcare, real estate
development, agribusiness, the religious organizations, general
business and tourism, and we've asked them for their opinions and
the identification of their assets as well, and they are being mapped as
we speak. So those will also be available as the simulations are run.
And Peter, in one of his demonstrations, is going to show you
how assets -- a collection of assets can be overlaid.
So I think that is all I wanted to say in my introduction. If you
don't have any immediate questions, I would just turn it over to Peter.
Everybody okay? There's Peter.
Peter, can you see? Can you hear us?
DR. SHENG: Yeah, I can see you.
DR. SAVARESE: We can see you. You look very handsome.
All right. And I'm going to sit down so that I'm not in the way. Go
for it.
DR. SHENG: Okay. Good morning, everyone. Thank you,
Commissioner Taylor, for giving me this opportunity to present what
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we have accomplished so far on this NOAA RESTORE science
project entitled ACUNE. And I also want to thank Mike for giving a
brief introduction. That makes my presentation a little easier. And I
want thank him for all the groundwork he has been doing down know
there in Collier County, and that certainly makes the whole project
team work easier.
So can you see the screen now with my PowerPoint?
MR. OCHS: Yes.
CHAIRMAN McDANIEL: Yes, we can, sir.
DR. SHENG: Okay, great. So let me go into this -- I will do a
quick PowerPoint presentation followed by two demonstrations, live
demos so you can see what we've been doing in live.
So this -- my name is Peter Sheng again. I'm a professor at
University of Florida in the coastal and oceanographic engineering
program. I've been in Gainesville for 33 years. I work on almost
every single water body in Florida, including Rookery Bay and
Naples Bay, Florida Bay, Biscayne Bay and Charlotte Harbor,
Sarasota Bay. I work on a number of challenging coastal problems
including algal bloom problems, and we may get involved with the
red tide problems, but today I want to talk about coastal inundation.
So, like I say, I'm with University of Florida at Gainesville,
Florida, which is the best location in the nation second to probably
Collier County.
Right, Mike?
DR. SAVARESE: I agree.
DR. SHENG: So we have a very strong team that Mike
mentioned. We have coastal ecological scientists and engineers from
University of Florida and Florida GCU, University of Miami, U.S.
Geological Survey, and we soon will involve South Florida Water
Management District.
And we really appreciate the support provided by the federal
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government as well as the local Collier County, City of Naples, and
Rookery Bay NERR South Florida Water Management District.
And this -- again, so what the vision of this project is, we want to
develop this tool for Collier County and including the urban and
natural systems, so they use this tool to adapt the impact of climate
change to produce a sustainable and economically healthy South
Florida in the context of increasing future inundation risk.
And here on the left we see a study domain includes not just
coastal region, but we go quite a bit into the ocean and quite a bit
inland so we can cover the community mangroves and marsh area,
and on the right you see a large mangrove forest, one of the largest in
the Gulf Coast region. And this is the very valuable resources to the
region because it provides valuable ecosystems services including
fishery habitat, ecosystem diversity, and flood protection. And so
this is -- these are the focus of our study looking at the future
inundation risk as well as the green infrastructure provided by
mangrove and marshes in protecting the community from future
inundation risk.
And this future inundation risk is really due to several things.
It's -- we know the hurricanes are getting more intense, and the more
intense storms are being more frequent. At the same time, sea level
is rising, slowly but surely. And there are updates every year about
how fast the icebergs -- icebergs are melting, and so this information
needs to be updated if not every month, but at least every year. So
we update our sea level rise information, as Mike has mentioned.
And we are reminded that just as recent as two years ago we
had -- this region was hit by Hurricane Irma, one of the most
damaging storms for the region, and it caused the coastal flooding
greater than 11 foot in this Everglades City area. And we still
remember the damages and flooding.
And so our study is going to -- looking to the future inundation
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risk of all these factors by including storm surge wave, tides, and sea
level rise.
And so let me just mention these ACUNE products and some of
the things Mike already mentioned. It's an integrated web-based tool.
It's developed with the best available climate, coastal, and ecological
sciences and with significant end-user input. And it's a continual
process that users can provide input/feedback so we can --
continuously improving the project.
The tool will guide end users to develop coastal resilience plan
for flood protection, estuarine preservation, and mangrove
restoration. The products we have so far we call ACUNE2.0. We're
just near the end of second year. All the items in green are the
products we already have, which I will demonstrate: Mangrove
distribution labs; future tropical cyclones for future climate; sea level
rise scenarios we just updated and, based on the latest information,
we have probabilistic coastal inundation maps for current and future
climates, three time periods. These are comparable to FEMA
100-year flood maps except they include future storms and sea level
rise which FEMA flood maps do not include. And we will produce
future inundation maps and economic impact maps as well for these
scenarios.
These products can be used to answer many, many different
questions. Here are some simple questions, but we can call that case
studies. These can be answered by using the ACUNE products. For
example, what is the annual 1 percent chance coastal flooding in the
communities and infrastructures?
Where is the best location to build a new airport or emergency
shelter? Which highway is the most vulnerable to coastal flooding?
Which part of Highway 41 will be inundated by 2060? How
vulnerable is the Fifth Avenue South business center to inundation?
And how well natural and nature based features such as mangroves
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and most of these protect coastal communities from flooding? We're
looking at, again, current climate, 2030, 2060, 2100.
The major products: The first one -- at the end of our second
year, the first product I want to mention, rapid forecasting system, as
Mike has mentioned. It's an excellent tool for developing coastal
inundation scenarios for planning. It will only be provided to Collier
County Emergency Management team for planning (indiscernible).
If we're given a track -- for example, this blue track, as you see
here, is a track that was forecasted for Irma at, let's say, 24 hours
before actual landfall. It was going quite far west. And what the
prediction of this rapid forecast system tells us, you know, after we
get the track, in one minute it produced this high resolution
inundation map. For Collier County you can see the damage is very
significant, much larger compared to Irma, but fortunately this did
not happen. Fortunately Irma track moved much further to the east,
landfall Naples, so, therefore, reduce the impact on Collier County.
So I'll do a live demo in a little while. Again, this takes only one
minute to create.
These are the sea level rise we developed this year based on
regional sea level. Last year we presented the sea level rise scenarios
on the left here. These are based on global mean sea level. These are
not the best values to be used for this region. And after consulting
the best sea level rise scientists and NOAA scientists, we also
communicated this to the end users in our workshop, and they agreed
that we will work with the new set of sea level rise scenarios. So we
did all the probabilistic inundation maps based on that.
And the third product I want to mention, this is work in progress
by U.S. geological survey. What they're looking at is the future of
the mangrove forest in this region. They are looking at the soil
elevation and the mangrove community response to climate change.
And as the climate becomes warmer, mangroves are not only moving
June 25, 2019
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north, they are also moving inland, taking over marshes. And this is
an important land-use feature. We must be able to predict for the
21st century. So USGS is working on this.
So give you an example. This is based on a USGS prediction a
few years ago, not with the latest model being developed. On the left
you see the current land-use feature. You see on the left the red dots
indicates developments, and their prediction based on a few years ago
analysis, these are the future developments, because Collier County is
one of the fastest growing communities in the state of Florida. They
expect more people/developments in this region; therefore, it
becomes much more red in this region, and the land use -- as land-use
changes, the flood vulnerability increases and, therefore, adaptation
must take this into account.
In the south region, the landscape did not reflect the turnover
from marsh into all mangroves. So these two factors are being
addressed by us. And first is USGS will produce this mangrove
model which will tell us what the future mangrove distribution looks
like, and we are always interested in what Collier County Planning
Department can do in terms of Future Land Use Map for 2030, 2060,
2100. And if planning folks are working on these, it would be very
much incorporated into our model systems.
And the No. 5 product is this ACUNE2.0. It's a web-based tool.
Again, I will demo this very quickly. But here's what happens --
what you see is we have a collection of flood maps. I'm not going to
show all of these. I will explain to them again -- to you again later.
For different scenario, different percentage, we also have .2 percent,
500 a year maps. Not all of them in here. We also have the bathtub
results, nuisance flooding, and we also have asset maps, which Mike
spent a lot of effort with end users to create them. And you can see a
list of all these asset layers are already built into this ACUNE viewer.
When you combine the flood maps with some of these asset
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layers -- here is example. This is the flood map. These are not 2100.
We combined these maps with the roadmaps in the stormwater
management section. And you can see what highway is going to be
impacted by this inundation at a specific year.
So these are something I will do a live demo of. So what's
happening right now, we just sent out -- we set up a user specific
log-in system. We have two focus groups formed at the workshop in
May. Amy Patterson is the leader of the urban system focus group
and Rachel Kangas is the leader of the natural system focus group.
Each group will have four people. They'll be working on this website
for the next two months to try to answer a variety of questions, create
two case studies, and then report back to the science team on their
findings and suggestions by the end of August.
And the science team will use their input to improve the web
viewer, and then we'll organize a webinar with updated ACUNE2.0+
with user training in the fall of 2019. So these are -- I mentioned
about six products. We have lots of other stuff which I'm not going
to go through. We have the updated LiDAR map, LiDAR imagery of
the region. We have some of the best geomatic survey experts.
They're going to be flying new LiDARs in the region.
We have reached out to U.S. Army Corps of Engineers. They're
also doing similar problems, and I also want to mention in passing
that based on the input of the ACUNE1.0, we submitted a new
proposal called ACUNE+ in March to the NOAA ecological effects
of sea level rise program, and US with Lee, with USGS, South
Florida Water Management, Florida Gulf Coast University, and we
will integrate coastal flooding model with stormwater and inland
flood model, and a dynamic mangrove response model so, therefore,
we can provide high resolution coastal urban flooding as well as the
input of inland flooding due to -- driven by heavy precipitation and
river flows.
June 25, 2019
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And I can tell you that this project has been recommended for
funding. It is not officially funded yet, so they want us to hold our
breath before making any official announcement or celebration, but
we will report back to you hopefully by the end of this -- in late
summer about where this spent (sic).
So these are the -- this is the summary of the product, and I will
have just a remaining few minutes to go into the live demo. So --
okay. I'm bringing the -- bringing in the rapid forecast system online
and am also going to give you --
So here is the ACUNE map, ACUNE system. You log in here.
We can see these are bathtub, one foot -- one foot flooding, bathtub
with six feet flooding. And you can see the inundation is not too bad.
It's on the right is the scale. Blue is one foot all the way to 15 feet,
but mostly it's blue, and it doesn't really look too bad. Only the
coastal area you get six feet in the south here. And these are what
you get from the NOAA inundation kit.
If you look at -- including the effects of tide, nuisance flooding,
nuisance flooding, it's from tide and sea level rise only. There's no
storms. It still blue, largely blue. Nothing too bad. Less than five
feet.
Nuisance flash flooding by 2100. It gets a little worse because
we've got 8.36 feet. This is the high end of the prediction. Okay.
Again, this has no storm. If you bring in the storm, then 2100 -- this
is the picture of 2100, 1 percent annual flooding -- annual trans
flooding map. So 100-year flood map with the high end -- very high
end of sea level rise 8.36 feet. So this is the absolute worst-case
scenarios that one can expect.
So you can compare it with the 100-year flood map you
currently have. It doesn't have the sea level rise. It doesn't have the
storms; therefore, it's going to be quite a bit less.
Now, 2100 is long time away. There's still a lot of uncertainty
June 25, 2019
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about the sea level rise predictions; therefore, don't panic about this
picture, because this is largely for extreme case planning scenarios.
And what's more reasonable to use would be something like 2030
100-year flood mapping, flood map with local and sea level rise
about .39 feet.
And current climate is like this, current climate 100-year and
current climate 500-year. So somewhere in between is probably the
more realistic flooding scenario.
Now, in order to fully make use of the asset map -- so, again, we
can click "road." So we'll see Highway 41 is okay. It's not going to
be -- going to be inundated with the 100-year flooding scenario. But
if you do -- if you do a 2060 -- 2060 high-end scenario of sea level
rise, you will see 1 percent annual chance Highway 41 is going to be
significantly impacted by 2060. But if we do 2030 with a low sea
level rise, then it's only a small portion of Highway 41 will get
flooded. So these are kind of an example of how we use that.
Let me go quickly into the rapid forecasting system. So I'm
seeing this rapid forecasting system here. Make it bigger. All right.
Okay. Here it is. All right.
So what we see here, we pick a track, we pick Hurricane Irma.
This is the Hurricane Irma track. So we have the pressure here,
radius maximum wind, force, speed, or building. We click here. It
gives us a flood map in about one minute. So it actually takes about
five seconds to do interpolation. What's this interpolating from is a
database of about 400 storms. We have the inundation maps of these
400 storms calculated with full-blown 3D models we store in the
database. And when we get a hurricane track from National
Hurricane Center, we put into this forecasting system, and it does
interpretation in five seconds, but it takes about 50 seconds to make a
plot. And the plotting program is slower than the actual computation.
So as the programming becomes more efficient, this will become
June 25, 2019
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very, very efficient. So the point is it's going to be less than one
minute. And another beauty of this, this gives you a high resolution
inundation. Our grid is about 30-meter by 30-meter resolution on
land as well as in coastal water.
Now, the best forecast you get from National Hurricane Center
is about one kilometer by kilometer. So -- but it gives you -- it
doesn't supersede the Hurricane Center forecast. It provides
additional details; therefore, it supplements whatever information you
get.
So here's one example of the inundation map. And let's say if
we want to reset this, we want to -- okay. We want to try a slightly
different track. We want to try Irma, and we want to move the Irma
track a little bit to the west. So we want to move the Irma track.
Okay. Now it's blue. I can move it. I can move this track west. So
I'm moving this to Sanibel, right? We want to see what's this going
to affect Collier County. You might think the worst impact is going
to be Sanibel, but you might be surprised that it is actually going to
have a very different impact on -- so I also made the pressure deficit a
little bit higher, a little bit larger, the radius, maximum wind a lot
larger, forward speed a little slower. Everything that will make the
impact stronger. So in less than a minute you will see a new
inundation map from this rapid forecasting system for Collier
County.
So this tool, again, is provided to the Collier County emergency
managers for planning purposes so that they can plan during
hurricane season or off season. In between seasons they can plan out
the worst-case scenarios that might hit the county and figure out what
part of the county is the most vulnerable to these different scenarios,
and you can deal with adaptation accordingly. That is the nature of
this tool.
Even though it's provided -- it was developed with Florida Sea
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Grant support previously. We made it a little better, a little faster.
As you can see, this inundation, if you remember the last inundation
map, this shows much larger inundation in Collier County. And so
this is very useful tool according to Rick, your emergency manager,
who is probably in the audience, and he likes this because it can
provide different scenarios for planning purposes.
So we're providing this as part of the project to Collier County
free of charge, and we are in the process of getting this thing
implemented on the Collier County -- with the help of the IT
department. We're very happy that the IT folks stepped up. And so
now I told Commissioner Taylor the other day that Collier County is
now one of the most tech-savvy counties in the entire state of Florida.
So let me go back to -- yeah, so this will summarize my
presentations at this point. And I thank you for your attention. And
if you have any questions, quick questions, I could answer;
otherwise, we can ask Mike Savarese, who is in the audience. I wish
I could be there today. I hope I can be there next time I present to the
Board of County Commissioners, or you can send email to
Commissioner Taylor to me. We'll be happy to answer this question.
And, as I say, I think you should have gotten an email today
with user name, password. You will be able to get on the system, on
this ACUNE viewer, not the rapid forecasting system. Rapid
forecasting system, has already been trained on the use of it.
So thank you very much for your attention, and so that's the end
of my presentation. Thank you.
CHAIRMAN McDANIEL: Thank you, sir.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Thank you, sir.
Are there any other questions from the Board?
(No response.)
CHAIRMAN McDANIEL: I just I had a question for Mike, if
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you don't mind, just this one point more than anything, and it was --
there was --
DR. SAVARESE: Sure.
CHAIRMAN McDANIEL: The land-use mapping component,
has this been integrated with the Collier Interactive Growth Model
yet?
DR. SAVARESE: No, it hasn't. That would hopefully be a
future outcome.
CHAIRMAN McDANIEL: Okay. I mean, that, I think, would
be very valuable from an asset management standpoint, because that's
an interactive program that we can actually change land uses on at the
same time --
DR. SAVARESE: Right.
CHAIRMAN McDANIEL: -- and see what the impact is from a
development standpoint.
DR. SAVARESE: And Peter mentioned this other proposal that
we believe is tentatively funded. We're waiting for official
notification. He mentioned it. That project will provide greater
insights on the response of the interior portions of Collier County that
are more likely to be affected by freshwater inundation rather than
storm surge or seawater-related inundation.
CHAIRMAN McDANIEL: Thank you very much. Very, very
informative. Appreciate it.
DR. SAVARESE: Anything else we can help you with?
COMMISSIONER TAYLOR: Thank you very much.
DR. SAVARESE: Thank you, Peter, if you're still there. Great
job.
DR. SHENG: Thank you. Bye.
COMMISSIONER TAYLOR: Thank you.
MR. COHEN: Commissioners, Thaddeus Cohen, Department
Head, Growth Management, for the record.
June 25, 2019
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We've been working with Dr. Savarese and Peter Sheng, and
one of the processes that's a separate track is the development of
Southwest Regional Resiliency Compact. I just wanted to give you
an update as to where we are on that. It's been working kind of in
collaboration with some of the work that you've seen already.
What are Regional Climate Compacts? To improve resilience
and sea level rise storminess that the doctor has been talking about.
It's a regional network united by common problems and best solved
through leadership and shared resources. It's an efficient means for
adjoining local governments to collaboratively extend beyond their
respective boundaries by working together, share best practices, align
the respective initiatives, and coproduce assessments, public policy,
interventions, and other materials beyond the scope of a single
partner.
So, clearly, if you have a region, it provides an opportunity for
us to work together on issues that are common. We're able to build a
regional knowledge base, an increased public support and political
will to discuss the conversations of climate change and storminess,
and it also provides an opportunity for us to work across jurisdictions
on issues that are common for all of us. And I think being able to
move in that direction becomes important if you're trying to create
sustainable communities.
It's an advocacy for compact. It is nationwide typically in
coastal states and coastal areas, as you saw from the work that's
taking place now. The state is more engaged than -- more than ever
before. They're pending looking at an office of resiliency to be able
to have value across compacts across the state. And as you well
know, there are three collaboratives currently in existence. Most
famous is the Southeast Florida Regional Compact that's been in
existence for 10 years or so.
So within those three, you have Collier, Lee, Charlotte Counties,
June 25, 2019
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their 10 cities. We've had an opportunity to meet under the auspices
of Dr. Savarese to be able to consider how we might be able to create
and move forward a similar organization here on the southwest coast.
How they operate, it's a connectivity of a network. Members are
able to produce their outcomes independently. You're able to
collaborate to align your priorities to produce outcomes that are also
independent, but also jointly working together when you have an
opportunity to pursue funding, particularly at the state level and
federal level, which are looking more at regional organizations than
what you can do at the local level.
Representatives from the three counties and 10 municipalities,
that was about 50 individuals, have met already to discuss the
possibilities. Circulating currently among those 50 individuals is a
memorandum of understanding. It expressly states that the
participation does not require financial investment, and those are
going to be workshopped through those 50 folks, and hopefully
sometime in the fall we'll be able to come back to each jurisdiction,
particularly here in Collier County, and speak with you through the
County Manager, obviously, to see if there is support of being able to
move that process forward.
As a sidebar, I believe sometime in mid to late September, I
think it was September 22nd, Dr. Savarese is trying to reach out to
folks over in Miami-Dade County. My former colleague, Jim
Murley, who's over -- former DCA secretary, he's now the resilient
officer of Miami-Dade -- to have them come over and talk in terms of
how they've been able to work this process over the last 10 years and
whatever instructions we're able to get from them as we start to move
forward.
So that kind of gives a round out as to where we are trying to
move our area in alignment with what you see taking place in other
places in the state.
June 25, 2019
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Thank you.
DR. SAVARESE: No questions?
CHAIRMAN McDANIEL: Happy to see it.
Item #5B
BRIEF RECAP OF THE MINTO US OPEN PICKLEBALL
CHAMPIONSHIPS THAT WERE HELD APRIL 27 - MAY 4, 2019
AT EAST NAPLES COMMUNITY PARK. PRESENTED BY
TERRI GRAHAM AND CHRIS EVON – PRESENTED
MR. OCHS: Commissioners, we move now to Item 5B, and this
is a presentation that provides a brief recap of the Minto US Open
Pickleball Championships that were held April 27th through May 4th
of this year at the East Naples Community Park.
Terri Graham and Chris Evon will make the presentation.
Good morning, ladies.
MS. GRAHAM: Good morning. Terri Graham, Co-founder of
the US Open Pickleball Championships.
Good morning, Commissioners, gentlemen. On behalf of Jim
Ludwig, Carol Caefer, Chris and myself, we'd like to provide this
brief recap for you of the US Open Pickleball Championships this
year.
First of all, if you look, we had an eight-day event back in -- it
seems like a long time ago now -- back in April. Again, the largest
pickleball party in the world.
One of our big additions this year was our scoreboard that Spirit
Promotions purchased. And this was something we really needed to
add and to invest into East Naples Community Park. It's permanent.
It's up there. You guys are going to have that for a long time.
We had 2,161 players. Give you idea, the first year we had 854
June 25, 2019
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players. So in four years we've gone from 800 to 2,100. And some
of those players are here with us today representing pickleball.
Thank you guys for showing up today.
You look at the states. You look at the volunteers. You talk
about community support. The volunteers -- and we have some of
our volunteers here today as well. But you look at this group here,
and these are our captains. This tournament does not run without our
captains and our volunteers. A main, main part of our tournament.
We're a little biased, but we feel we have the best volunteers in the
country when it comes to these pickleball tournaments.
Kiwanis, again, community support. Bill and Daryl, you know,
they parked 9,800 cars throughout the week. Parking is a little bit of
a concern for us. You think of East Naples Community Park, and
you think of the amount of parking we do there every day. It's a lot.
You look at multiplying this out; almost 30,000 visitors that
come through the park throughout the week. Now, those aren't
unique visitors, but in all it's 30,000 footsteps going through there
over the eight days.
And all this money stays right here in the community. A huge
project that Kiwanis does is called Christmas in July where they help
support 3,000 at-risk kids here in Collier County.
So over the past years -- this year we did the check. It was
$20,000 raised in parking fees. That equals almost 3,000 kids that
receive bikes and school stuff, a helmet. It's a great program. Again,
we don't do this without Kiwanis as our backbone.
The television summary: We had three programs on CBS Sports
Network reaching roughly around -- or potentially 50 million people.
They re-aired those shows four times. So we ended up getting your
commercial, your billboard on there a minimum of 12 times.
And our extension this year was the Pickleball Channel, and we
have so much stuff going on on the Pickleball Channel. We have 30
June 25, 2019
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hours of live streaming, professional live streaming done by the
Pickleball Channel, and then Digital Wave TV reaching a million
people.
Now I'm going to turn it over to Chris, and she will go into -- oh,
no. What are you doing, Troy? Jumping ahead?
MR. MILLER: I didn't mean to.
MS. GRAHAM: You didn't, okay. Okay. Let's see here.
Yeah. Well, I think my last slide was Radio Margaritaville that
was on board with us for two days, Friday and Saturday, reaching
millions and millions of people around the country. And we hear
about it all the time. Oh, yeah, I heard about Naples on Radio
Margaritaville. So this is a great addition. Obviously one of our
main sponsors supports that we have.
Pickleball -- the Pickleball Magazine. This is something that
comes out once every other month. We have about six pages of
coverage in here. Incredible coverage for us, for Naples, and for the
US Open.
The future. The future of the park is critical for the US Open to
continue to grow and to continue to be the leader in this sport, but
there's some things that need to happen on the park. One is the power
upgrade. The power there, as we learned yesterday -- I think it was
20, 25 years old -- that it hasn't been updated. We have these
generators. It was not our best moment having these generators
scattered around the park, especially this one that helped our
air-conditioning that we decided to air condition all the tents this
year, the vendor village, which thank God we did, because it was,
like, 98 degrees the whole week.
But the generators were loud. They broke down. They
overheated. Our volunteers were going to fill up fuel cells every day.
So the power's a big thing.
Additional courts. We do 10 additional courts next year. We're
June 25, 2019
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going to have a minimum of 500 additional players. Those 500
additional players bring their friend with them, bring their significant
other with them. So even though it's 500 players, it equals to 750
more people.
The WiFi upgrade -- you know, we're upgrading that park with
our technology nonstop. Whether it was the scoreboard that needs
power, the WiFi -- unfortunately, we had to shut down a couple of
our Pickleball Channel live streamings because the WiFi went out.
We had credentials with security on it. Didn't work because of the
WiFi going out. So that's a big thing we need to upgrade.
Water upgrade throughout the park. Bathrooms and showers. I
mentioned this yesterday in the TDC meeting. The women will
appreciate this. The men don't care because there's always a tree I'm
told. But there's two ladies stalls at that park. You have 400 people
coming to that park January through May every single day, and there
are two women's stalls. Bathrooms are a must at this park. It should
have happened years ago.
You know, and, again, with all due respect to this park, it's a
1980 park that needs to be upgraded to at least 2000.
And we always talk about this. Some people think the US
Open's an eight-day event. The US Open's a 12-month event. You're
getting hit on constantly on social media. Year-round visitors. With
Jim and Carol selling daily passes, you look at 4,200 passes are daily
passes. That's just from eight to noon. That doesn't include
everybody that comes after noon that doesn't participate in organized
play. It doesn't include Saturday and Sunday.
So you take that minimum of 4,200 average three-nights stay,
and you've got 12,000 room nights.
The people coming to this park -- your group has built Disney
World here in Naples for pickleball players for around the world, and
people come here every single day to play pickleball on those courts.
June 25, 2019
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So, you know, it's your fault. You've created this beautiful monster
in Naples, and now people are running and trying to catch up with
you.
Whether it's Punta Gorda or Daytona Beach or Indian Wells,
people are trying to do what Collier County does. We get phone calls
every day. Jim gets phone calls every day. Will you guys come
present to our board, our county board, to see how you did it so we
can emulate it here? You guys are the leaders. And we're just going
to keep riding this wave as long as you'll have us.
And now the thing that you're really concerned with is, how
many hotel room nights did you get? What was the satisfaction rate?
And Chris is going to run through this one for you.
MS. EVON: Hi. So we do two surveys to try to get an idea of
what's going on with the event. And the first one is a survey that
happens pre-event, and it's only with the players as they register on
our pickleballtournaments.com registration site. So this is just
players.
And I think we've talked to a lot of you about this. Our
registration process is very stressful for players because they go in,
and their event can fill up within three minutes. And so they're in
there, they're filling out their form, and they want to get out of there.
So we try not to make that any more stressful with a lot of questions.
So we ask them two questions on this site, and that is: Where are you
staying? And how long are you staying?
So with 2,100 players, we've got an average of six nights that
they're staying now. Now, most players play in a maximum of five
events. Most are one to three events. So they're coming earlier,
they're staying later to watch their friends, watch the pros, and hang
out in Naples.
But at six -- as an average of six nights per person -- and this,
again, is just players. It's not their friends or family or visitors.
June 25, 2019
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There's about 13,000 nights in Naples, but that's also 13,000 meals
that are being enjoyed in Naples throughout the week.
So the second survey we do is a post-event survey, and that goes
to our players, the spectators, our volunteers and refs and the
sponsors.
So our satisfaction is usually pretty high, and we hear that from
people. This is a place they want to be, and they want to bring their
friends.
Yesterday a question -- a great question came up about what are
those 6 percent that are very dissatisfied? And do we know that?
And are we doing something about it?
So we do know that. We listen very careful to the comments
that we get from people. But this group could be and probably is
partly the group that got canceled, unfortunately, at the end of the day
on Monday when we had lightning come in through the area, and we
had to -- out of safety for everybody, we had to cancel the afternoon
play there. Those are probably part of that 6 percent.
But the other thing that people tell us is the bathrooms. You
know, that's the negative feedback that we'll get. There's -- you
know, and we put a lot of bathrooms, as you guys know that have
been there. We put a lot of nice bathrooms, but it's still insufficient
for the number of people that we have.
And the other thing is parking, that we've improved a ton on
throughout the years, but it's still an issue. The traffic on Thomasson.
Trying to get people in and out of the park efficiently. So that's
something that people will tell us. So we do listen very carefully and
closely to those people.
This is what we all want to see, that most of the people that are
coming are staying in Naples. We do get a lot of people that are
commuting from their homes in other neighboring areas, but most of
the people that come in are staying at Naples. They want to be close
June 25, 2019
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to the park, they want to be close to the action, and they want to be in
Naples.
So as you see here, about 50 percent of the people stay in hotel
or rentals, but even the people that are staying at homes or at family's
homes, they're hanging out in Naples, they're going out to eat with
their friends, they're sightseeing, and they're hanging out in the area.
So, again, our players survey said there was an average of
six-night stay, but it's also a general average. So people are coming
and staying for an average of six days. But look at the -- 45 percent
are staying for seven days or more. Again, this is an indication.
They're not playing for seven days. That's not how pickleball works.
They play for a day, and then they might play another day in another
event.
But they can't play for seven days, but they want to stay here
and hang out, and they make this kind of their vacation with their
friends. Their pickleball vacation.
So like we said earlier, what are they doing while they're here?
Well, we keep them pretty busy at the park with pickleball. And
pickleball players, if you don't know this, are a bit fanatic about
pickleball. So they want to be at the park, they want to watch their
friends, they want to play, they want to hang out and watch the pros
play, be on Championship Court, but the biggest thing that they do is
they go out to eat with their friends. That's what they like to do. And
obviously shopping and sightseeing are high up in there.
But our feedback that we also get is they come to the US Open
to participate in the US Open. They come back to Naples later,
which is an indication of all the day passes that are sold at the park.
They come back later to vacation and to play some more pickleball.
So as people say, the US Open is their pickleball bucket list, and
so they come to the US Open because it's just the place to go for
pickleball players. But now what we're finding is they just don't
June 25, 2019
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come once and it's a one and done. They want to come back.
And I think a neat stat here is how many refs and volunteers that
want to come back, because we work them pretty hard. But I think
it's an indication that they're very proud to be a part of the success of
this event and what this event is doing for pickleball.
So one our sponsors, Margaritaville, they always do a nice
energetic video at the end of the event to bring out the fun of
everything. This has been shown (sic) already by almost a half
million viewers, so enjoy.
(A video was played.)
"MS. GRAHAM: The Minto US Open Pickleball
Championships powered by Margaritaville.
"Well, this is the party atmosphere event, so people come here.
They get off their couch, they get out of snow, and they come to
Naples, Florida, just for a fun time.
"MS. EVON: They want to watch their friends play. They want
to party with their friends, hang out with their friends, and they just
have a great time."
(The video concluded.)
COMMISSIONER FIALA: Yes. Just a quick question. Two,
maybe. How many of these participants come from the USA, within
the USA, or which, you know, states in the USA, and how many
come from other countries?
MS. EVON: I don't know that number, Donna. I know we have
15 countries represented. But offhand I don't know the exact number
of the players.
COMMISSIONER FIALA: Oh, okay, or percentage or
anything?
MS. EVON: But we can look that up. Yeah. I don't know it,
but we can look that up for you.
COMMISSIONER FIALA: Okay.
June 25, 2019
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MS. GRAHAM: I mean, I would say at least 100 come from
out of the country. We had a great group from -- was it Argentina
this year.
MS. EVON: Yes.
MS. GRAHAM: They wore their shirts -- Brazil. They wore
their shirts all over. There had to be 50 of just them. So well over a
hundred are coming from out of the country.
COMMISSIONER FIALA: Thanks. And the other one is, I
notice you didn't mention -- you know, you talked about the
restaurants. How many are buying houses here? They come in and
then buy a house. So I don't know if you have that figure.
MS. GRAHAM: Minto would say not enough, but there's a few
every year that we have this event that either buy that week or come
back and look around and purchase one.
COMMISSIONER FIALA: Thank you very much. It was an
excellent presentation.
MS. GRAHAM: Thank you, Commissioner Fiala.
CHAIRMAN McDANIEL: Thank you very much for all that
you do.
MS. GRAHAM: Thank you.
MR. OCHS: Thank you.
CHAIRMAN McDANIEL: Outstanding.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, we move on to public comments on
general topics not on the current or future agenda. I know you have a
time-certain at 10 a.m., but I think we only have one speaker, and
June 25, 2019
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then maybe we could have a brief court reporter break.
CHAIRMAN McDANIEL: We'll do our court reporter -- and if
you're not paying attention, we are awaiting Commissioner Solis'
arrival. So, Rae Ann. Is it Rae Ann that's speaking today?
MR. MILLER: No, no, no. Garrett Beyrent.
CHAIRMAN McDANIEL: Okay.
MR. MILLER: Rae Ann will be coming later, sir.
CHAIRMAN McDANIEL: Oh, yes. She will be speaking.
There's no doubt about that.
MR. BEYRENT: For the record, Garrett Beyrent. I have a gift.
I always do this. This is my presentation of your award for doing
something you haven't done yet for the public good.
And today's award is downstairs because Mary said I cannot
bring the water skis that Burt Saunders actually performed on on
Lake Avalon where people were standing on his shoulders. It's -- I
didn't know how they do that. There's three people.
And I've got your water skis. They're down on the first floor. I
got them from Allen Weiss. Don't ask any questions. Long story.
They cost five bucks. Bought it at the White Elephant.
COMMISSIONER SAUNDERS: I'd like to see those.
MR. BEYRENT: They're down there. Mary will give them to
you. They're on the first floor. So in any case, you have two sons.
They're both 23 years old, right?
COMMISSIONER SAUNDERS: Twenty-four.
MR. BEYRENT: Okay. I've got one that's 23. I just have one.
Now, what you have to do is, to encourage kids to get away from cell
phones, right, you have to have your two sons hold you up on the skis
and reinvent yourself. It's on the front -- it was Naples Daily
Newspaper. I remembered it. It was, like, 1992 or something.
But what I'm getting at is, you were bothered a month or so ago
by the fact that people were talking about renaming Sugden Park,
June 25, 2019
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Lake Avalon. Did you hear that? That was what was flashing
around. And it reminded me of when they -- we had -- Myra Daniels
created the Philharmonic. Everybody knows that. That's Myra's
house, right? And she never called it Myra's house. It was always
the -- it was what it was, the Phil. And then somebody walks in and
says, oh, no, that's not appropriate. Now we're going to call it Artis.
So what happens? We're losing our history, because people -- people
are not acknowledging the people that made the town. The Sugdens
donated all the land around Lake Avalon, and you stuck your neck
out there, got on the shoulders of somebody else dragging around on
the boat. You've just got to do it one more time. You're not that old,
Burt. You're the same age as me.
COMMISSIONER SAUNDERS: All right. Well, I'll try it one
more time.
CHAIRMAN McDANIEL: Thank you very much. I guess we
have no prizes today all right. We're going to take a court reporter
break. Be back at 10:36-ish.
(A brief recess was had, and Commissioner Solis is now
present.)
MR. OCHS: Ladies and gentlemen, please take your seats.
CHAIRMAN McDANIEL: Hey, everybody.
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN McDANIEL: As previously stated, we're back at
10:36-ish.
MR. OCHS: Yes, sir.
Item #11D
REVIEW OF THE OFFERS SUBMITTED FOR THE COUNTY-
OWNED PARCEL LOCATED BETWEEN IMMOKALEE ROAD
AND 4TH STREET NORTHEAST (RANDALL CURVE
June 25, 2019
Page 45
PARCEL), PROVIDE DIRECTION TO STAFF TO PURSUE A
PURCHASE AND SALE (P&S) AGREEMENT WITH THE
CHOSEN OFFER, OR REFUSE ALL OFFERS AND MAINTAIN
THE PARCEL IN INVENTORY FOR FUTURE
CONSIDERATION; AND AUTHORIZE THE COUNTY
MANAGER TO NEGOTIATE A DEVELOPER CONTRIBUTION
AGREEMENT (DCA) WITH IMMOKALEE ROAD RURAL
VILLAGE FOR THE DEVELOPMENT OF A JOINT COUNTY
AND SCHOOL DISTRICT FACILITY - MOTION TO ACCEPT
THE CROWN OFFER; STAFF TO MOVE FORWARD WITH A
PURCHASE AGREEMENT AND STALL NEGOTIATING A DCA
– APPROVED
MR. OCHS: And we're moving on the 10 a.m. time-certain
item. This is Item 11D. It's a recommendation to review the offers
submitted for the county-owned parcel located between Immokalee
Road and Fourth Street Northeast, commonly referred to as the
Randall Curve parcel; provide direction to staff to pursue a purchase
and sale agreement with the chosen offer; or refuse all offers and
maintain the parcel in inventory for future consideration; also to
authorize the County Manager to continue to negotiate a Developer
Contribution Agreement with the Immokalee Road Rural Village for
development of joint county and school district facility.
Ms. Toni Mott, your Property Acquisition Manager in your Real
Estate Services Division, will make the presentation.
MR. MILLER: And, Mr. Chairman, we have 12 registered
public speakers for this item.
CHAIRMAN McDANIEL: Okay.
MS. MOTT: Good morning, Commissioners. For the record,
Toni Mott, Real Property Management.
Leo has gone over our first slide. I'm going to move to the next
June 25, 2019
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one, which is the property history.
As you all know, 1,061.5 acres came to the county through a
settlement agreement with the Avatar Properties, in 2005, 56.96 acres
was conveyed to the Parks and Recreation Department, and in 2002,
Transportation purchased 9.1 acres of the overall parcel. And here is
our parcel here.
The brief history, as you know, we came before the Board
December 11th, 2018. Staff proposed entering into an agreement
with the school district to have joint services on the parcel.
In February 12th, 2019, the County Commissioners directed that
property be advertised for sale for a period of 60 days. The property
was advertised for sale in the Naples Daily News. There were four
proposals.
At the April 23rd board meeting, the Board direction was to
continue the item to the May 28th board meeting to allow the District
5 town hall meeting and to request the offerers to present their
proposals at the meeting.
CHAIRMAN McDANIEL: And we did determine that
"offerers" is a word.
MS. MOTT: Correct.
CHAIRMAN McDANIEL: Okay.
MS. MOTT: Thank you.
On May 28th --
COMMISSIONER SOLIS: The Board uses it all the time, so
it's a word.
MS. MOTT: On May 28th, the Board direction was to set a
time-certain date and time to accept best and final offers and for staff
to review the offers and evaluate them, bring an agenda item back to
today's meeting, and the legal notice was published in the Naples
Daily News June 5th and June 12th.
Six proposals were received. A matrix was prepared and
June 25, 2019
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included in your executive summary that outlines the terms of the
proposals. We have WW and MR Woods & Company, $4 million;
DR Horton, 3,825,000; Crown Management is offering 3,750,000
with contingencies; FL Star, 3.6 million; Metro Commercial,
3.5 million; Garrett Beyrent, exchange 3.71 acres of his Magnolia
Pond property for the 47 acres.
The recommendation is to declare the 47 acres parcel surplus or
retain it, accept the offer from WW and MR Woods & Company, or
accept the offer from Crown Management; direct the County
Manager or his designee to prepare a real estate sales agreement;
follow appropriate closing procedures; authorize the net proceeds
from the sale be deposited into reserves for a future allocation by the
Board; authorize the necessary budget amendments; and direct the
county manager to work with the developer of the Immokalee Road
Rural Village to prepare a DCA for potential partnership with the
developer; and to work with the school district to locate joint
facilities at this site.
Any questions?
CHAIRMAN McDANIEL: Any questions?
(No response.)
CHAIRMAN McDANIEL: Do you want to go to -- let's go to
our public speakers if there's no comments. Let's just rock on.
MR. MILLER: All right, sir. We have 12 registered speakers.
I'll remind the speakers to please use both podiums. I'll call two
speakers.
Your first speaker is David Genson, and he will be followed by
Rich Yovanovich.
MR. GENSON: Good morning, Commissioners. For the
record, David Genson with Barron Collier Companies.
I just wanted to clarify. I'm speaking on behalf of the Metro
Commercial offer. Just to point out, the area in red you see there is
June 25, 2019
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an area that we own or land that we own jointly with Metro
Commercial. It's under a joint venture called BCHD Partners I. If
we were to acquire the 47 acres of the commercial -- the county's
commercial BCHD, Partners I would also be the purchaser of that.
In the red area, it's approximately 20 acres. It is going through a
growth management plan amendment process as we speak. We did
put a hold on it as we were trying to figure some things out for the
47, but we've continued to push it forward.
I wanted to talk a little bit about the county's recommendations
on some of these alternatives. The first one, the sports club, the
$4 million offer. That's not a non-contingent offer because it has a
45-day due diligence period in there. So in real estate world, that's a
contingency where I can walk away. Plus, it also has, at the end of it,
a total of $40,000 in deposit for a $4 million purchase, which is
1 percent of that price.
Mr. Crown's offer, it's a good offer. It has many moving parts,
though. It's got the Shy Wolf, which we support. We thought the
Shy Wolf at Randall Curve was not a good use, but down on the
property off of Wilson maybe makes some more sense.
He has 10 acres to donate to the county for which you guys have
to figure out what you're going to do with that and maintain it, and
who knows what plans are. Been talking to staff. They have no
plans at this time.
He also has to do an amendment to the Estates shopping center
subdistrict as well as the Estates shopping center CPUD on that
property in addition to the Growth Management Plan amendment and
CPUD or MPUD for the 47 acres to get.
And then, furthermore, the proposal is contingent upon receiving
all environmental approvals, Army Corps, South Florida, which can
take up to three years, as I can attest to because we just reauthorized
Ave Maria, and it took three years to get that permit. So you
June 25, 2019
Page 49
wouldn't be looking to close on this property for at least three years.
Only our offer is a truly noncontingent offer with $250,000
down and closing in 90 days thereafter. We felt that effectuating the
land use immediately and not contingent upon zoning would alleviate
any perceived conflict from the Board by zoning property that you
still have.
So if we were to get the property, we would intend to do a
mixed-use development. We know it's right for it. I don't have the
answers to that yet. I need to engage with the community to figure
out what's needed out there and what's desired for the services out
here.
In closing, I will say that if the Commission can't come to some
sort of an agreement on how to proceed, we would support just
kicking the can down the road, and we could address this at a later
date. Thank you.
MR. MILLER: Your next speaker is Rich Yovanovich. He will
be followed by Rae Ann Burton.
MR. YOVANOVICH: Good morning. For the record, Rich
Yovanovich on behalf of Crown Management Services.
I frequently agree with Mr. Genson, and I agree with him today,
the Crown Management Services proposal is a good offer, and all of
the moving parts are very easily managed. You'll note that this is the
only proposal that has actually worked with the Golden Gate Estates
community to come up with a win-win solution to address their
concerns, which was they want mixed-use commercial on the outside
of Golden Gate Estates. They prefer not to have commercial interior
to Golden Gate Estates.
So we've worked with the Golden Gate Estates Civic
Association. And I want to put on the -- some of you will recall the
process we went through to get the Estates shopping center
subdistrict approved through the Growth Management Plan as well as
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the PUD.
The Golden Gate -- there are two factions in Golden Gate
Estates. Some of those factions did not want commercial in the heart
of Golden Gate Estates. What this proposal does, it takes
approximately -- everything between 1st and 3rd out of the
commercial PUD and out of the commercial aspect of the master plan
and puts two uses on it.
Shy Wolf, which we've already reached a memorandum of
understanding for them to acquire the property I'm identifying for
you, give the county approximately 10 acres for the county to use
however it deems appropriate, reduce the commercial to what was
originally in the Comp Plan when we went through this amendment
process in the first place.
In addition, what our proposal does -- and I would say with
community support, I do not see it being very difficult to amend the
Growth Management Plan to take those acres out of the commercial
put those back to the two uses we just talked to. So I don't see that as
a difficult moving part, and I don't see the next process, which would
be to redesignate this area commercial node, to be a difficult moving
part, because the community has already expressed on many
occasions that they see this as a commercial node, and putting these
47 acres into the mix for commercial would require a Comp Plan
amendment and a Growth Amendment Plan. If we're given our own
open cycle, we could easily make that happen within a year.
Our proposal includes cash. The 10 acres has a value as well
since it's commercial. I think you could safely say that's probably
worth a couple of million dollars; and it also gives the county one
usable acre within this development area that the county can use
for -- I think you called it your Corporate 3 campus or Collier 3
campus, similar to what you have on Orange Blossom Boulevard --
or Drive -- Orange Blossom Drive where you can have basically what
June 25, 2019
Page 51
you have where Commissioner Solis' office is, the Tax Collector's
Office is on this property. So we think our proposal is the best
proposal, and we would request that the commissioners go with that
recommendation of your staff. Thank you.
MR. MILLER: Your next speaker is Rae Ann Burton, and she
will be followed by Tim Wallen.
MS. BURTON: Good morning, Commissioners. My name is
Rae Ann Burton, Golden Gate Estates.
The item of concern is 11D, Randall Curve parcel and six offers.
Email was sent to everyone on Saturday, June 22nd, 2019, at
10:52 p.m. regarding these offers; therefore, I will not repeat today.
If you can consider some of the offers, they demand the county pay
certain items, even a 3 percent transaction broker fee, that offers are
less. One wants rights to terminate after inspection for any reason --
puts the parcel back on block.
Because there seems to be a question of ownership to the parcel
and how much is left of the 1,061.5 acres -- spent an hour-plus
searching for the GAC Land Trust agreement, 1983. Found plenty
reference but not the agreement.
Reading several times the 11D's executive summary, it seems
the deal is already cut and dried. Language states if none of the
offers taken, it's to be retained in inventory and to negotiate a DCA
with Immokalee Rural Village for joint development of county and
school district facility. Bus barn?
According to the language in the deed, this parcel was deeded to
the county for a park. If not built, goes back to the GAC Land Trust.
It's not been built. Therefore, if no offer's taken today, the land will
go back into the GAC Land Trust or, if sold, the monies of the sale
goes to the GAC Land Trust and Golden Gate Estates.
Some of the public wants commercial, but those that moved here
want to get away from city noise, traffic, and crime. Growth must be
June 25, 2019
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regulated or we'll be wall-to-wall homes, condos, shopping center
mazes, require more roads, U-turns to make left turns, or flyovers and
roundabouts, all prone to accidents. There will be no green spaces
nor any wildlife nor Florida rural environment.
Please do not turn the Estates into Miami or even downtown
Naples. We moved here for the environment, not shopping or gated
communities. The Board is to protect Golden Gate Estates, honor the
wishes, provide the needs of the homeowners, not the developers.
Vote wise and vote for the good of the homeowners of Golden Gate
Estates.
The offer that sounds best is Crown and gives definite use, but
what is the value of the land swap? Others are higher but also have
concessions that are to be paid by the county, making their offers
less.
Consider the requests of the homeowners. We live there. The
developers, many of the Board, do not. Thank you and all have a
safe 4th of July. And if issues continue for the Estates, I'll see you on
July 9th.
MR. MILLER: Your next speaker is Tim Wallen, and he will be
followed by Deanna Deppen.
MR. WALLEN: Hello, Commissioners and staff. Thank you
very much. My name is Tim Wallen. I've lived out in Golden Gate
Estates over 25 years. I own an HVAC company here and have
always thought about the community needs.
The Crown property or the Crown bid serves us out in Golden
Gate Estates better than any of the other bids, because the piece of
property that's adjacent to our house has been a huge nightmare for a
lot of residents for 10-plus years now.
This would take care of the sprawl that's coming into our
neighborhood. The roads can't handle it. Mr. Crown has never been
able to get an anchor for a shopping center there because of the lack
June 25, 2019
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of water, lack of sewer. There's just not the facility there. We
definitely want Shy Wolf in place of that. The neighbors seem to all
be in good with that also, and we just think that the entire process
with Crown would be the best thing for the residents out there.
Nobody else's bid is going to help so many different areas and so
many different things with just doing, you know, one transaction, and
that's pretty much all I have to say.
CHAIRMAN McDANIEL: Thank you, Tim.
MR. WALLEN: Thank you.
MR. MILLER: Your next speaker is Deanna Deppen. She has
been ceded additional time from Rilee Standriff. Can you indicate
you're here.
MS. STANDRIFF: Here.
MR. MILLER: Oh, thank you.
Cyndee Woolley?
(Raises hand.)
MR. MILLER: I know Cyndee's here. And Caitie Greisler.
MS. GREISLER: Here.
MR. MILLER: She will have a total of 12 minutes. Do you
have a PowerPoint? You can please go to that one.
MS. DEPPEN: That one?
CHAIRMAN McDANIEL: Yes.
MS. DEPPEN: Good morning, Commissioners, and everyone
else that joined us.
I'm happy to be here for the final, final vote on the property.
COMMISSIONER SOLIS: It's really final.
MS. DEPPEN: I need a lesson in how to change the
PowerPoint. Do I just touch it?
MR. MILLER: Yeah.
MS. DEPPEN: All right. So for those of you who have not
been out to the sanctuary before, I just want to share -- thank you -- I
June 25, 2019
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want to share our mission. This is a picture of Nancy Smith, our
founder, with Moon Dance, the first animal she rescued, which was a
three-legged black Asian leopard. It was not a wolf.
We reconnect people and animals through education, and we do
that through rescuing exotic animals and filling a void that other
facilities like zoos, wildlife rehabilitators, and Domestic Animal
Services cannot accommodate.
We offer educational collaborations, publications,
groundbreaking DNA research, partnerships, we rescue captive bred
and un-releasable wild animals. We provide a service in a very
special niche. We are also founded by the cofounder who is a navy
veteran. Safe haven for animals and people.
This is our current location. It's two-and-a-half acres in Golden
Gate Estates. You can see we maintain as much tree coverage as
possible. We like to keep it secluded and as natural as possible.
This is the current 40 acres that Mr. Crown owns, Crown
Management. Again, it would put Shy Wolf next to the county that
he's -- county-owned property that he's proposing as part of his bid,
and we are offering to help manage that and form a partnership with
the county to develop that, whether it be for veteran services or a
park, in that order, because we know that the county may not need
one more property to manage. So please consider a partnership with
us to do so.
This is a rendering that we did many years ago for our new
enclosures and habitats that would have water features very similar to
the Botanical Gardens. We would keep it as natural as possible.
CHAIRMAN McDANIEL: One second. Commissioner Taylor
has a question.
COMMISSIONER TAYLOR: Have you flushed out the form
of this partnership with the county regarding the 10 acres that would
be --
June 25, 2019
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MS. DEPPEN: No. We're offering that today. You would have
to accept our bid offer to make that --
COMMISSIONER TAYLOR: No, no, no. What have you --
have you -- have you thought about what kind of partnership? What
are you talking about? You'd manage the land? You'd clear the
land? What are your thoughts?
MS. DEPPEN: We don't like to clear any more land than
necessary. We were thinking more of a passive-use park along with
possibly a veterans services building. We want to expand our
Healing Hearts Program to incorporate our veterans programs as part
of our Healing Hearts Program and do more with them.
And we've always been in contact with Florida Wildlife
Federation to potentially do something along the lines of an
educational program and building at that location as well.
COMMISSIONER TAYLOR: Okay. Thank you.
MS. DEPPEN: The hurricane-proof buildings, the hurricane and
fire facilities that we plan, we also have renderings for those already.
We're very much committed to building those for our animals but
also for the community at large.
And you can see the habitats would surround the building. The
building is in the center and would provide lockdown for the animals.
We would open it up to the public as needed for disasters.
And we have already started planning our whole facility. So
there would be a few of those buildings because of the number of
habitats we need to create that would increase the number of animals
we could help in a disaster situation.
We would -- this is an older rendering for a property we had
previously purchased, but it gives you an idea of the overview.
Again, the property that Mr. Crown is offering has buildings on it.
Funding, can we do it? Can we make it happen? That's a lot of
money we're talking about, right? So by getting Mr. Crown's 20
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acres, we already start off with some buildings that we could convert
to usable space when the time comes, and we can focus on
fundraising for the buildings and for the habitats.
Our capital campaign's already in the works. We have grants
and disaster preparedness and FEMA already bookmarked. There are
grants for capital funding for nonprofits. Partnering with the county
and planning our facility would open up to more grants that we would
be eligible through disaster preparedness because we would be a
resource for the county, so that opens up more grant opportunities for
us, partnerships with state and federal wildlife organizations, and
then we have a long-standing history of grass-roots funding and
corporate sponsorships.
Existing houses on the property could be used for property
manager housing. We have people on site 24/7. Intern housing,
veterinary clinic for large animals that could also be a resource for
other people in the community that have large animals. Food
preparation and educational center and admin.
And then here we get to, Commissioner Taylor, some of the
ideas we had for the county partnership or specialized veterans
programs, the FWF, educational relationships, and opportunities not
already offered by existing parks that primarily focus on sports,
pickleball, baseball, soccer, things like that.
This is a rendering of an educational center that we had
envisioned and would still like to eventually build. But, again,
starting off with the existing houses, we would utilize those to move
forward more quickly with the habitats and the buildings for the
safety of the community and the animals. That would be our first
priority.
We're so much more than the animals. We have the Healing
Hearts Program, which partners with Pace Center for Girls, Youth
Haven, Women and Children's Shelter. We also work with Valerie's
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House and the Children's Network of Southwest Florida. We would
like to expand that to veterans and other programs.
We also do educational programs within many schools and
programs out in the community in actually living with wildlife and
how to do that safely. The real impact is granting last wishes,
creating a legacy. All the good that we could do for the community.
Crown offer benefits: 3.75 million cash upon closing, an acre at
Randall Curve that you can do what you want. We keep hearing
about a post office or DMV that people want out there. Ten acres at
Wilson and Golden Gate Boulevard could be a park and veterans'
services, or you could choose to do something else with it.
We are open to helping to partner with the county and oversee
the development of that property and manage it as you see fit;
decrease commercial impact at Wilson and Golden Gate Boulevard.
The neighbors don't want all that traffic and commercial impact. Our
traffic would be during the daytime when most people would be at
work. We would bring jobs to the community. We would also bring
tourism to the county once we're able to be open to the public. Yuki
went viral worldwide, a photo of one of our wolf dogs and, more
recently, Jenna Fisher from the office, again, shared a photo she had
taken when she was there recently with a family member. So we're
much bigger than just local.
Cash and land combined, our offer with Crown exceeds the
other offers and enhances two locations within the Estates and solves
many of the issues that you've been hearing people talk about that
they do or they do not want at different locations. So we hope that
you'll support us and make the decision today so that we can all move
forward in a positive way to better the community. Thank you.
MR. MILLER: Your next speaker is Beth Swiderski. She'll be
followed by Linda Waller.
MS. WALLEN: Wallen.
June 25, 2019
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MR. MILLER: Wallen, excuse me.
MS. SWIDERSKI: Good morning, everyone. I'm Beth
Swiderski. I'm the Pesident of Shy Wolf. And obviously after
everything that Deanna said and Rich has said, we obviously know
this is a win-win situation for the community.
I would like everybody from Shy Wolf Sanctuary or anybody
that's supporting this to please stand. And as you can see, we have
the community support behind this. We hope you make this a
win-win situation for everybody in the community.
Thank you. I'm Beth Swiderski.
CHAIRMAN McDANIEL: Thank you, Beth.
MR. MILLER: Your next speaker is Linda Wallen. She will be
followed by Donna Sadler.
MS. WALLEN: Hello. I'm a little nervous. Happy almost 4th
of July. And 4th of July's for the people, so I'm here for the people of
Golden Gate Estates.
Oh, my God. The charm of Golden Gate Estates has always
been the woods, the trees, the animals, having woods between your
neighbor and you, and I would love if you could consider the Crown
proposal because, first, the con in Golden Gate Estates, if you put the
shopping center there: There already is a shopping center there, and
it's not working. And if you did consider putting the Shy Wolf there,
that might bring more people to the Shy Wolf, to that area, Golden
Gate/Wilson, and it will maybe bring people into that shopping center
that's always empty.
And then the Crown proposal, I would like to see them over at
the 47th acre on Randall. First of all, it's bigger; bigger property. He
can have more shops in it, more restaurants. And if he built it on the
Boulevard, the con would be that people basically, like 13th down to
951, wouldn't even know that shopping center's there. They wouldn't
go backwards. They'd go into town, not out of town.
June 25, 2019
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And the charm was the little four corners that we have. We
have, you know, Walgreens and gas and anything you really basically
need.
So also the pro for Crown being on the 47th where it is, you've
got to consider that a lot of people are driving past that going to the
casino. There's a lot of people passing that way going out of town,
coming into town, coming off 29. They'll -- you know, off Oil Well
Road, and they get onto Immokalee. Hey, there's a shopping center.
We can stop and eat and grab something. It will also benefit Publix
because it will have another shopping center across there.
You've got Orangetree, Valencia. You've got all those
communities out there. They have nowhere to eat except for the little
Italian restaurant, and then they have to go all the way down to 951
and Immokalee. And so that would be perfect for Crown. That's my
last words. Crown will be perfect building a shopping center on that
47-acre, have places for all of us to go, and Golden Gate Estates
would be outside, and Shy Wolf will be awesome across the street
from that shopping center that's not working already. So thank you.
CHAIRMAN McDANIEL: Thank you, Linda.
MS. WALLEN: Have a great one, everybody.
MR. MILLER: Your next speaker is Donna Sadler. She'll be
followed by Michael R. Ramsey.
MS. SADLER: Good morning, Commissioners. My name is
Donna Sadler. I've lived here since 1976. I've seen some good things
happen here. I've seen a few bad things happen here.
The Crown proposal's best for all residents here in the Estates
community because on the 47 acres, Randall Curve will provide
needed commercial and retail services, future jobs at the Randall
Curve, and the property at Wilson and Golden Gate Boulevard will
save natural habitat, protect water quality and aquifer recharge, and
also with Shy Wolf there, I think it would be great.
June 25, 2019
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So your decision today will end up as a good one or a bad one
for the community of Golden Gate Estates. Thank you.
MR. MILLER: Your final speaker on this item is Michael R.
Ramsey.
MR. RAMSEY: Good morning, Commissioners. My name is
Michael Ramsey. I'm the President of the Golden Gate Estates Area
Civic Association.
First off, I want to thank you for extending the May 28th
meeting, an extension on this. I think it proves there is some interest
in this property, and it certainly has helped us in our discussions with
the community about substantive ideas. So, this has been very
helpful that you allowed us to have that extension.
As you can see after many meetings, many meetings with the
residents of the Estates and going through this proposal, it has
become clear to us almost unanimously in our groups that they -- the
residents do prefer the Crown offer at this point. They all -- they
very much point out that it allows improvement in two locations:
Here, at the 47 acres, and at the Wilson/Golden Gate intersection, and
it would almost total 77 acres. And this is a map of those two
locations.
It is true that in many meetings with the Estates residents, it has
been shown in reports they do not want a commercial node internally
at Golden Gate at Wilson and other places. We went through that
process in the master plan, and it was made clear that we'd rather
have a major commercial retail development external to the internal
community. We think it promotes a lot more community or life
issues that are good for the residents.
Here's some of the lists of the things we thing are beneficial. At
the 47 acres location, as you've already heard, it allows development
of commercial retail services. We also think it will help
Immokalee/Ave Maria/Corkscrew too for commercial retail; reduces
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trip lengths.
One of the two most important things that come up in our
discussions, we think it will provide some much-needed jobs,
especially for the young adults out in our area. The second thing is,
we really don't want to see a concentration of single-family homes
around the 47 acres. We think that will just make the concentration
of traffic worse and the need for infrastructure worse, and it would
double the amount of cars on the road there causing an already bad
situation to get worse, because it's a failed intersection at Fourth and
Randall and Immokalee.
At the Estates shopping center location, we think it's going to
help a lot with protecting natural habitat and the water-quality issues
that goes along with it down in there, but mostly it allows the reduced
density, traffic congestion, and the possibility of development of a
neighborhood park.
So, the Crown proposal's the only one that provides
improvements at two locations. So, we recommend accepting the
Crown offer. It offers the most improvements, especially the
community quality-of-life components. Thank you.
CHAIRMAN McDANIEL: Thank you, Michael.
MR. MILLER: That was your final public speaker,
Mr. Chairman.
CHAIRMAN McDANIEL: Well said. Well said.
Do you want to go first, or do you want me to?
COMMISSIONER SOLIS: I just have a couple questions.
CHAIRMAN McDANIEL: And I do as well, so -- but go
ahead.
COMMISSIONER SOLIS: And these are questions really for
Mr. Yovanovich, I guess if he's around.
What -- part of the Crown offer is based upon having access
through the Barron Collier Companies' land? There's a proposed
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access that was shown on there. I mean, is that -- is there an
agreement for that access?
MR. YOVANOVICH: There's no contingency in our offer to
obtain access through the property that Metro owns. They have said
they will work with any of the bidders, if they are not chosen, for
access. If we're not able to work out access, we showed access
directly onto Immokalee Road in an appropriate location. But we
anticipate that we'll be able to work with the owner of the property to
the north.
But if, for whatever reason, that doesn't work out, it doesn't
work out, and we'll have the access as you can see, Commissioner
Solis, on the property.
COMMISSIONER SOLIS: Okay. And, secondly, what
happens -- and maybe this is a question for staff. I'm sorry.
MR. OCHS: That would be right-in, right-out only.
MR. YOVANOVICH: Correct. We understand.
COMMISSIONER SOLIS: Okay. What happens if Shy Wolf
is, you know, for whatever reason, not able to come up with the
purchase price?
MR. YOVANOVICH: We would work with the -- our offer is
still to take that acreage out of commercial use. So we would
understand if, for whatever reason, Shy Wolf can't go there, it would
have to -- it would either have to go to the county or we would have
to just have no commercial uses on that property. It would have to
become passive -- a passive use.
COMMISSIONER SOLIS: Because the rezoning is going to
be -- is going to rezone that to what?
MR. YOVANOVICH: We would rezone that property -- the
property's currently already PUD.
COMMISSIONER SOLIS: Right.
MR. YOVANOVICH: So what we would -- I anticipate
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happening is -- if we can put the other -- what I anticipate would
happen in the rezone is -- as you can see, Commissioner, the only
parcel that would remain in that PUD that would be eligible for
commercial uses would be on the very corner of Wilson and First,
and then the PUD would be structured to where, you know, Shy Wolf
or passive uses would be permitted on the Shy Wolf piece, and then
the county would get its piece.
We've committed to the neighbors that the commercial would
come off the table, if you will, if we ultimately acquire the 47 acres.
COMMISSIONER SOLIS: Okay. Just -- Mr. Manager, have
we given any thought to that? If for whatever reason the Shy Wolf
doesn't close on the property, what would happen in that, if it
would --
MR. OCHS: Well, if it becomes the Board's property, we would
have to give some consideration and do some public vetting about
what might be potential long-term uses. I don't have any immediate
plans to develop that, obviously.
COMMISSIONER SOLIS: Okay.
MR. YOVANOVICH: And, Commissioner, I anticipated that
would be part of the contract that ultimately would come back to you
all when we would flesh out what we would be allowed to come in on
the PUD, both on this property as well as the 47-acre property.
COMMISSIONER SOLIS: Well, that's why I'm bringing it up.
MR. YOVANOVICH: I understand.
CHAIRMAN McDANIEL: Unless you're addressed, unless --
do you have a question for her, Commissioner Solis?
COMMISSIONER SOLIS: No, not really. I'm just trying to
think of the what-ifs.
MR. YOVANOVICH: I think it's unlikely that Shy Wolf won't
acquire the property.
COMMISSIONER SOLIS: Is there -- well, either -- I'll just ask
June 25, 2019
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you. I mean, is there an option agreement that's been signed with Shy
Wolf that that's what's going to happen?
MR. YOVANOVICH: We have a memorandum of
understanding that we will --
COMMISSIONER SOLIS: Okay.
MR. YOVANOVICH: -- have an agreement entered into should
we win the proposal, yes.
COMMISSIONER SOLIS: Okay. That's all I have. Thanks.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I think you may have sort of
addressed this in the answers to Commissioner Solis's questions.
My question was going to be: What happens if Shy Wolf closes on
the property and then for some reason down the road Shy Wolf was
no longer able to operate? And I think what you're saying is that that
portion of the parcel's going to be rezoned to -- I don't know if it's
going to be rezoned back to "E" Estates, or what's it going to be
rezoned back to?
MR. YOVANOVICH: I honestly anticipated -- we can go one
of two ways. We could just take it totally out of the PUD and rezone
it back to "E" Estates, or we can leave it as a PUD and just identify
the uses that could go -- we would have a master plan that would
basically have three tracts, and the tracts that the Shy Wolf plus "E"
Estates type property uses can go on that property, then Collier
County would get theirs with "E" Estates underlying, and then we
would go with the commercial as a third tract.
COMMISSIONER SAUNDERS: As long as we make sure that
that parcel will not become commercial down the road --
MR. YOVANOVICH: Correct.
COMMISSIONER SAUNDERS: -- if there's something --
MR. YOVANOVICH: That -- we would guarantee that through
the rezone process, and then the fail-safe could be it could always go
June 25, 2019
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back to Estates property, which it would be consistent with
everything around it.
COMMISSIONER SAUNDERS: The closing on the 47 acres
would ultimately occur after the rezone takes place on -- or at the
same time?
MR. YOVANOVICH: I anticipate bringing this as one package
to you-all where you'll have the rezone for the Estates shopping and
the rezone and Comp Plan amendment for the 47-acre parcel, and
then we'd be --
COMMISSIONER SAUNDERS: I think that's the only way it
would work is to have it all at the same time. All right. Thank you.
MR. YOVANOVICH: Yes.
CHAIRMAN McDANIEL: Correct. And my only real
question -- and it's as much for staff and you, Rich, is your estimated
time to move through the Comp Plan and rezone process.
MR. YOVANOVICH: If we get our own -- our own cycle for
the Growth Management Plan, which -- I would imagine I could get
through that process in 12 months. If I'm in someone else's cycle,
then I could get slowed down a little bit, depending on how many
other applications are going through the process. But I would think if
we had our own cycle, then we could probably get through in 12
months.
CHAIRMAN McDANIEL: You leaned up to the mic.
MR. OCHS: Twelve to 18.
CHAIRMAN McDANIEL: Max 18. Okay. 12 to 18.
Okay. Any other questions?
COMMISSIONER FIALA: No questions. I was kind of
surprised at the -- at the presentations. I had expected something
totally different, so that was interesting.
CHAIRMAN McDANIEL: Well, I'd like to have a -- make a
few statements/comments, if I may.
June 25, 2019
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COMMISSIONER FIALA: It's your district.
CHAIRMAN McDANIEL: First off, I want to thank you all,
my colleagues, for indulging our community. Just to reiterate where
we were necessarily a year ago with the proposed uses, bus barn, a
CAT bus barn, a road and bus facility on the 47 acres, and now look.
Look at the wonderful circumstances that are an opportunity for our
community. The value of the offers that have come in.
I have to say out loud, and I've said this to my friends, from a
business perspective, the three-and-a-half million dollar cash offer,
subject to no contingencies in closing, is hard to say no to. It's really
hard to say no to. As a real estate broker, it's really hard to say no to.
But as a leader of our community, having had the public meetings
that I've had, the town hall meeting that I had, the private -- or public
meeting that we had with regard specifically to the 47 acres and the
like, the benefits that -- anyone who's watching can see the thousands
of people that can benefit.
Sure, there's a lot of moving parts, Commissioner Solis, I think
you called it, that have to come together in order for the Crown
transaction to be effectuated, but literally thousands of people are
going to benefit from that Crown offer if, in fact, it's successful and
moves through the process.
So, I would like to make a motion that we do, in fact, accept the
Crown offer and move forward to a purchase agreement on it.
COMMISSIONER TAYLOR: I'll second that motion.
CHAIRMAN McDANIEL: Good. And I would like to make --
with a suggestion. Staff's recommendation on No. 2 down there, I
would like to forestall that DCA with the Rural Village at this
particular time for the -- going out and moving into an agreement
with them just yet.
COMMISSIONER TAYLOR: Why?
CHAIRMAN McDANIEL: Premature is a simple answer to
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that.
COMMISSIONER TAYLOR: But our needs aren't premature.
CHAIRMAN McDANIEL: Our needs are not premature. There
are other facilities that are in the works right now for us to not go
forward with that. I think we have time, circumstantially, to move
into that agreement once we move further through the negotiations in
the rezone and the Comp Plan amendments for the Crown property,
and other circumstances will be availed.
COMMISSIONER TAYLOR: But we're talking 12 to 18
months?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: I'm not sure I could support that.
I mean, it's been clear we were -- this was -- this came forward
because of the need not only for the school but for us to have a place
where we are more efficient in the way we serve this community.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: And to delay it for 12 to 18
months because of something out there, I think, is unfair not only to
the school but -- I mean, this is where the growth is. Clearly, Golden
Gate is the growth area.
CHAIRMAN McDANIEL: There's no argument about that,
Commissioner Taylor. It's just the combination of a negotiation for a
separate piece of property for the utilization for government facilities,
school bus barn, CAT bus barn, and the road and bridges facility in
conjunction with this particular transaction is premature, in my
opinion. That's the reason I'm asking.
We can always bring this back at another meeting in the fall
or -- I mean, the need is there. There's no argument that there's a
need. The need was proven last year, as I said, when we started the
process.
So I just think at this stage we need to take care of the
June 25, 2019
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management of the 47 acres and that particular transaction and set
aside the DCA for the moment.
MR. OCHS: Mr. Chairman, staff has no serious objection to
that. We can bifurcate these two issues. If we can find
county-owned land for those other facilities that are needed,
Commissioner, and they're needed as soon as we can --
COMMISSIONER TAYLOR: PDQ.
MR. OCHS: -- as soon as we can do that, that would be a
cheaper ultimate solution. I'm willing to give that some more time
working with the Board to see if we can't find a way to achieve those
objectives and not have to purchase additional land from a third
party.
COMMISSIONER TAYLOR: Okay.
MR. OCHS: It doesn't mean it's going to be 12 or even 18
months out. If it comes together sooner than that, then we'll be back
in front of the Board --
CHAIRMAN McDANIEL: Thank you for the clarification --
MR. OCHS: -- at that time.
CHAIRMAN McDANIEL: -- Leo. And that was a lot better
explanation than my --
MR. OCHS: It's not tied to the rezone is what I think the
Chairman was saying --
COMMISSIONER TAYLOR: No, no, of course. And that's not
what I'm saying --
MR. OCHS: -- for the timetable.
COMMISSIONER TAYLOR: -- but I do know that it's an
efficiency issue. It's a taxpayer expenditure-of-funds issue on both
sides, so...
MR. OCHS: Absolutely. Absolutely.
COMMISSIONER TAYLOR: I certainly, if you're -- if this is
not, you know, high on the priority list at this point, I certainly would
June 25, 2019
Page 69
be willing to --
MR. OCHS: Well, it is high on the priority list, but if we have
an opportunity to place it on land that you own or the school district
already owns, that would be, you know, the optimum solution, and
there's still some possibilities we're pursuing.
COMMISSIONER TAYLOR: Okay. Thank you very much.
COMMISSIONER FIALA: So let me just ask -- I want to
understand what we just said. So are we taking that one piece out
and then just voting on it now, or you want to put it off?
CHAIRMAN McDANIEL: I want to put off -- I only want to
put off the DCA with the Rural Villages for the purchase of another
piece of property for the bus barn, CAT bus barn, and road and
bridges facility for now. Not tying it to this offer.
COMMISSIONER FIALA: It seems we put everything off all
the time. We just don't vote on anything anymore. Every time we
come close to a decision and we're ready to make our motion, then
we put it off.
CHAIRMAN McDANIEL: And then -- and it's not a putting
off. For purposes of clarification, they're necessarily two separate
transactions, so -- and it's a --
COMMISSIONER FIALA: Well, if you don't like something in
two weeks, you can reconsider.
CHAIRMAN McDANIEL: Right.
COMMISSIONER FIALA: Why can't you just vote on it now?
CHAIRMAN McDANIEL: I am voting on it right now, and
then I'm suggesting that we bifurcate the recommendation of staff
and do not proceed on the DCA for the minute.
COMMISSIONER FIALA: That's the only thing. The rest of it
moves forward.
CHAIRMAN McDANIEL: The rest of it go forward on, yes, on
the Crown offer. That's my -- that's the way I would prefer that we
June 25, 2019
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proceed.
COMMISSIONER SOLIS: And I think what the County
Manager was saying, that it's not really part of this. It's not -- this is
just --
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: We're going to do that anyway.
MR. OCHS: We're presented with this opportunity during this
whole process of vetting on the 47 acres so we -- in order to keep our
interests moving and the bus barn and the road and bridge facility, we
brought this to you and thought it would be an alternative that we
could pursue, but it doesn't have to happen in conjunction with the
approval of this project.
And we continue to explore other sites that may be, as I said,
cheaper in the long term. So once we are ready to move forward with
a hard recommendation, we'll be right back in front of this board.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Mr. Chairman, we have a
motion and a second to move forward with the Crown offer. And I'd
like to call for the question on that particular motion, and then we talk
about the school board issue subsequently. But let's take care of that
motion, if that's okay with the Chairman.
COMMISSIONER TAYLOR: Just briefly I'd like to say how
impressed I am with the citizen participation in this event, this issue
that's before us. Golden Gate never ceases to amaze me. It's huge.
You have five-acre plots, maybe some 10 acres, and yet you have a
vision of your community that you communicated to us, and we
listened to you. And I think the rest of Collier County could take
great lessons from Golden Gate Estates. I am really quite amazed.
(Applause.)
MS. WALLEN: That makes it all worth it. Thank you for
saying that.
June 25, 2019
Page 71
CHAIRMAN McDANIEL: Well said.
It's been moved and seconded that we accept the Crown offer.
Any discussions?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. There we go.
(Applause.)
MR. OCHS: Mr. Chairman, did you want to take a separate
motion on deferring the DCA recommendation, or is that understood?
CHAIRMAN McDANIEL: That was -- well, that was part of
my motion --
COMMISSIONER TAYLOR: What do you want?
CHAIRMAN McDANIEL: I mean -- no, it wasn't part of the
motion. It was actually asked to be bifurcated and retracted from the
recommendations of staff.
MR. OCHS: Thank you.
CHAIRMAN McDANIEL: And it will come forward.
Let's give a moment for the room to clear, and then we'll --
we've got a bunch of happy people. I don't like to talk after motions,
especially when I'm the Lone Ranger, but I can't say how much I
thank you all.
COMMISSIONER SOLIS: It worked out.
CHAIRMAN McDANIEL: It really did. Let's go.
June 25, 2019
Page 72
Item #8A
RESOLUTION 2019-118: REVIEW OF THE LONDON OF
NAPLES, INC. APPEAL TO THE BOARD OF ZONING
APPEALS OF THE APPLICATION OF THE FLOOR AREA
RATIO (FAR) FOR HOTELS IN THE GENERAL
COMMERCIAL/GATEWAY TRIANGLE MIXED USE
DISTRICT-MIXED USE SUBDISTRICT OVERLAY (C-
4/GTMUD-MXD) ZONING DISTRICT AND AFFIRM THE
ADMINISTRATIVE DENIAL OF SDPI-PL20180002049 BASED
UPON THE DIRECTION FOR INTERPRETATION PROVIDED
FOR IN LDC SECTION 1.03.01 D., AND PROVIDE A POLICY
DETERMINATION TO THE INTENT OF THE BAYSHORE
OVERLAY DISTRICT REGARDING THE APPLICATION OF A
FAR INTENSITY RESTRICTION FOR HOTELS IN THE
OVERLAY. THE SUBJECT PROPERTY CONSISTING OF 1.98 ±
ACRES AT THE EASTERN CORNER OF THE INTERSECTION
OF DAVIS BOULEVARD AND TAMIAMI TRAIL EAST IN
SECTION 11, TOWNSHIP 50 SOUTH AND RANGE 25 EAST, IN
COLLIER COUNTY, FLORIDA. [PL20190000305] - MOTION TO
UPHOLD THE PETITIONER’S REQUEST TO ALLOW FOR A
HOTEL WITHOUT THE FAR – ADOPTED
MR. OCHS: Mr. Chairman, this takes us to Item 8A. This was
an item earmarked for hearing no sooner than 11 a.m. this morning.
It's a recommendation to review the London of Naples Incorporated
appeal to the Board of Zoning Appeals of the application of the floor
area ratio for hotels in the general commercial and Gateway/Triangle
Mixed Use District, Mixed Use District Overlay.
Mr. Chairman, I think it would be appropriate to turn to your
County Attorney right now for some advice on the procedures and
June 25, 2019
Page 73
what ex parte and other procedural elements are required.
CHAIRMAN McDANIEL: I think that's very appropriate as
well. He sent me an email on it yesterday.
But proceed, Jeffrey.
MR. KLATZKOW: Yes. And I sent each of you an email on
the recommended procedure.
This is quasi-judicial, so ex parte will be required beforehand.
All witnesses will need to be sworn as set forth in the memo that I
sent you, which is our standard procedure in doing an appeal of this
nature.
The appealing party will first present his case. He'll be followed
by staff. And then it's my recommendation that it be followed by the
impacted contract purchaser. Having said that, note that the issues
that are being presented by staff should be substantially identical to
the issues presented by the contract purchaser.
So I'm not entirely sure that the contract purchaser will need as
much time as the appellant or staff, but we could take that at the
Board's discretion.
MR. OCHS: And, Mr. Klatzkow, I believe this is a
quasi-judicial hearing and ex parte disclosures required?
MR. KLATZKOW: Yes, sir.
CHAIRMAN McDANIEL: That's correct. And just as point of
clarification, the vote today is a --
MR. KLATZKOW: Majority.
CHAIRMAN McDANIEL: Regular majority?
MR. KLATZKOW: There's no zoning action taken. Just
regular majority.
CHAIRMAN McDANIEL: So it does not require
supermajority.
So with that, Commissioner Solis, do you have any ex parte?
COMMISSIONER SOLIS: Yes. I've had meetings, emails, and
June 25, 2019
Page 74
phone calls with Mr. Mulhere, Mr. Starkey, Patrick Vanasse,
Mr. Higgs, Rich Yovanovich, John Agnelli; probably too numerous
to count.
CHAIRMAN McDANIEL: Absolutely.
And, Commissioner Fiala.
COMMISSIONER FIALA: I've had hardly any of that stuff. I
don't know how I didn't get to meet with everybody, but all I met
with was John Agnelli, and I attended CRA meetings, so --
CHAIRMAN McDANIEL: Well, then you need everybody you
need to know.
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: You've got it.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Yes. I've had meetings with
numerous folks involved on all sides of this particular issue.
Mr. Starkey and I have had some conversations. I've had some
conversations with Mr. Yovanovich and Mr. Agnelli and Mr. Higgs,
along with some emails, and telephone calls.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Numerous meetings and
discussions for a period of probably about a couple of years now with
Richard Grant, Bill Higgs, John Agnelli, Fred Pezeshkan, Jerry
Starkey; emails, conversations with staff, conversations with our
Hearing Examiner, materials, all of the above.
COMMISSIONER FIALA: Let me just say, you know, I've met
with people before. I was just referring to the FAR. So all right. It's
gone on for years, and, yes, I've met with people before then. Just
with the FAR inclusion I have not. Thank you.
CHAIRMAN McDANIEL: I understand, yes, ma'am.
And I, myself, have had, for years, meetings and correspondence,
emails and phone calls with regard to this circumstance.
June 25, 2019
Page 75
So with that, Court Reporter.
Everybody who -- you're going to say it. Anyone who might be
giving testimony's got to be sworn in today. So if there's any public
speakers that have signed up, please.
MR. MILLER: We have two public speakers signed up for this
item, sir.
(The speakers were duly sworn and indicated in the affirmative.)
MR. YOVANOVICH: Good morning. For the record, Rich
Yovanovich on behalf of London of Naples Inc.
With me today are Bill Higgs and John Agnelli, representatives
of London of Naples Inc., and my associate, Francesca Passidomo.
This is an appeal of an administrative decision to essentially
deny an insubstantial change to a site development plan approval and
to basically revoke a previously approved Site Development Plan
based on the county's determination that a floor area ratio of .6 now
applies to properties within the Bayshore/Gateway Triangle.
On January 4th, 2019, county staff denied the SDPI that I was
referring to solely on the basis that a floor area ratio was not met in
that SDPI. County staff has retroactively imposed this .6 FAR to this
SDPI, and we timely filed our appeal.
I feel that I have to get some things on the record to protect my
client's rights in this appeal.
When we originally came to the County Commission about the
process, we were referred back to the Hearing Examiner, which was
fine, and the rules of the appeal were established that only items in
the record could be considered by the ultimate decision makers on the
appeal, and in this case it's going to be you. And those items had to
be in the record in a timely manner for me and the county staff to be
able to review and respond to those documents.
The appeal -- the parties to that appeal were my client and
county staff. It appears that we're now expanding the arena are who
June 25, 2019
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are allowed parties to this appeal by including the county's purchaser
of the next-door-neighbor property.
I object to that on the record, and I also object to the extent that
a document is attempted to be presented to you today, and they can't
show me where it is in this binder of documents that I've had the
opportunity to review and prepare for today, that those documents not
be considered or allowed to be presented to you because is it an
unfair process to throw these documents into the record without
giving me an opportunity to review them in advance.
I don't know if that's going to happen, but I just want to be on
the record right now that that should not be permitted and was not the
ground rules that were agreed to as part of this appeal and are not in
the ground rules that apply to these types of appeals.
Getting back to my original presentation. The basis of this
appeal is your staff has come up with a new interpretation of whether
a floor area ratio applies to this particular piece of property and in
specific this particular property -- this project.
The original Site Development Plan that's now being revoked
was amended and approved increasing the total hotel rooms to 48
rooms. It exceeded a .6 FAR. It was then amended to increase the
hotel rooms to 150 rooms. It was originally approved by your staff.
That approval was then rescinded solely based upon traffic concerns.
We addressed those traffic concerns, and then finally the SDPI was
rejected based upon an FAR.
As you all know, this is the property that's in question. It's on
the corner of Davis Boulevard and U.S. 41. If you will recall,
recently we met with your county staff and agreed to a shared access
to this property basically on the boundary of your property as well as
my client's property.
We are in your redevelopment overlay, and we are subject to
those rules and regulations. This is from your staff report. And what
June 25, 2019
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it says is the county acknowledges that the true intent of the Growth
Management Plan for the overlay was to increase intensity of
development. It should be noted that development review staff and
the zoning director did discuss whether an FAR ratio -- which should
be ratio, not ration -- should apply to the project. And based upon the
reading of the Growth Management Plan language for the Bayshore
Community Redevelopment Area, which states higher intensities
should be expected in the overlay, staff originally concluded that no
limitations on hotels' intensity as suggested by the silence of LDC
Section 4.02.16 should prevail.
This was based upon the recognition that the GMP is the
controlling document. Now, that's central to my argument is the
Growth Management Plan is the controlling document.
Staff is agreeing that no FAR is consistent with the Growth
Management Plan. They are now picking one section in your Land
Development Code under Section 1.03.01 to claim there's an
inconsistency between Land Development Code provisions, and
because there's an inconsistency between Land Development Code
provisions, you apply the more restrictive provision.
One, I will tell you there is no inconsistency and, two, if there
were an inconsistency, staff is not correctly applying the Land
Development Code.
Throughout my presentation you'll see me reference Section
4.02.16 of the Land Development Code. 4.02.16 is the Development
Standards Table for the overlay, and that is what applies. Your staff
in their staff report says the arguments presented by appellant, while
persuasive, are characterized by staff as circumstantial in that the
LDC does not specifically state that a hotel development in the
Bayshore Mixed Use District has no intensity restrictions as all other
zoning districts in the LDC provide, but rather that the absence of
standards in 4.02.16 related to hotels was intentional. And the fact
June 25, 2019
Page 78
that overlay provides for higher intensities, by nature of the overlay
being constructed for the CRA, supports this position.
And then it says, most importantly, staff is relying upon the
direct evidence of LDC Section 1.03.01.D which states, when there's
a conflict the more restrictive shall apply.
Let's look at 1.03.01 of your Land Development Code. You'll
note there are several provisions within this section, and those
provisions are important. The Growth Management Plan -- and I'll
take you through in greater detail in a few minutes -- clearly states
that the purpose of the overlay was to allow for increased intensities
within the CRA. You wanted to stimulate redevelopment by giving
property owners more than what they had under the then existing
zoning.
You didn't like the way development was occurring based upon
the then existing development so you created an overlay both in your
Growth Management Plan and your Land Development Code to
increase density.
Subsection A says, in construction and interpretation of the
language of these regulations, being the Land Development Code, the
rules established in this chapter shall be observed unless such
construction would be inconsistent with the manifest intent of the
BCC expressed in the Collier County Growth Management Plan.
That means if you have an LDC provision that is inconsistent with
the intent of the Growth Management Plan, you go with the Growth
Management Plan.
Paragraph C, it says, all provisions, terms, phrases, and
expressions contained in these regulations shall be liberally construed
in order that the true intent and meaning of the BCC may be fully
carried out.
Your intent is expressed in your Growth Management Plan.
You're to interpret the Land Development Code liberally to interpret
June 25, 2019
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it consistent with the Growth Management Plan. Paragraph D that
staff is relying upon is asking you to be restrictive, not liberal, and
have an interpretation that is inconsistent with the overall intent to
increase densities, intensities, and uses in the Growth Management
Plan.
Finally, Paragraph E says, in all circumstances, provisions of
these regulations shall be interpreted and construed to be consistent
with the Growth Management Plan.
Again, you have to read your LDC in its entirety consistent with
what the Growth Management Plan says. Your staff is picking
Paragraph D and ignoring Paragraphs A, C, and E of the very same
section they're now claiming restricts the allowed uses on this
property to an FAR of .6.
The Board's express policy for the overlay was to increase
intensity of development and to revitalize the area. Reading the LDC
narrowly to impose an FAR on a hotel use frustrates that true intent.
I want to take you through some of the Growth Management Plan
provisions that are applicable to this overlay.
The Policy 4.8 in part reads, such plans may include alternative
land uses, modifications to development standards, and incentives
that may be necessary to encourage redevelopment, and then it
specifically recognizes that the Bayshore/Gateway Triangle
Redevelopment Plan was adopted by the Board on June 13, 2000, as
an appropriate CRA.
The Board's express policy for the Triangle is to modify
development standards and provide alternative uses in order to
incentivize development.
Here's the overlay language from your Growth Management
Plan, and it's in your Future Land Use Element. And there's some
pretty direct and clear language that addresses this overlay. It says,
the intent of the redevelopment program is to encourage the
June 25, 2019
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revitalization of the Bayshore/Gateway Triangle Redevelopment area
by providing incentives that will encourage the private sector to
invest in this urban area. The overlay allows for additional
neighborhood commercial uses and increased intensity and higher
residential densities.
It goes on to say that the intent of the overlay is to allow for
more intense development in an urban area where urban services are
available, and it talks about two overlays that were approved, one of
which is the mixed-use overlay.
And you'll see that the mixed-use development is -- a mix of
residential and commercial uses is permitted. For such development
commercial uses are limited to C1 through C3 zoning district uses
except as otherwise provided for in the mini-triangle sub-district, and
then it goes on to add hotel/motel use is one of the specific uses
you're adding to this overlay, because if you're -- I'm sure most
people are aware, hotels and motels are a C4 use.
So the C1 through C3 uses would not allow for hotels. Your
Comp Plan specifically says you want hotels in this redevelopment
area, and that's exactly what was proposed to go on that property.
It goes on to refer to the mini-triangle, where this property is
located, is eligible for a maximum density of 12 units per acre when
you go through the MUP program, mixed-use program, which this
property went through the Site Development Plan, as I'll show you a
little bit later. That was originally approved -- was for 150 hotel
rooms and 24 residential units. It went through the administrative
process for a mixed-use project and was initially approved by your
staff.
And, again, it is -- our original proposal was consistent with
your Growth Management Plan. This is the Bayshore overlay map.
Circled is the applicable property. You'll see that the property was
zoned C4. C4 zoning does not allow hotels as a matter of right. C4
June 25, 2019
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zoning requires that there be a conditional-use approval for a hotel to
be developed on that property; however, your Land Development
Code was amended to say that hotels are permitted uses in the
overlay.
So it's through the overlay that we got the right to build the hotel
as a permitted use in the first place. It was not the underlying zoning
on the property. If we had relied upon the underlying zoning of the
property, we would have gone through a conditional-use process to
get approved. We relied upon the overlay provisions for our allowed
use and for our development standards.
As I've mentioned, the overlay promotes increase intensity and
higher residential densities. It was created to revitalize the
redevelopment area by providing incentives including modifications
to development standards. That will encourage the private sector to
spend money to redevelop in this area. There's no doubt that the
intent of the overlay was to allow more intense development.
I'm transitioning into the Land Development Code provisions
that apply to the overlay. They're found in 2.03.07(N)(1). And you
can see that the purposes intent is -- the purpose and intent of this
district is to encourage revitalization of the Gateway Triangle portion
of the Bayshore/Gateway Triangle Redevelopment Area.
And it's to -- the district is intended to revitalize the commercial
and redevelopment -- and residential development in the property.
There's a specific provision in your Land Development Code as
to how the underlying zoning classification works in the overlay.
3(a) under Section 2.03.07(N)(3) says that the purpose of the overlay
is to fulfill the goals, objectives, and policies of the Growth
Management Plan. I showed you those provisions.
It implements the provisions in Section VF of the Bayshore
Triangle Redevelopment Overlay. Clearly the LDC says we want
you to be more intense and allow these uses within the LDC.
June 25, 2019
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And then it talks about -- it actually limits the mixed-use activity
centers to how they can be developed except for following through
with the overlay standards in Section 4.02.16, which is the
Development Standards Table for the overlay.
And it says in (b), which is the operative language, property
owners may establish uses, densities, and intensities in accordance
with the existing LDC regulations of the underlying zoning
classification or may elect to redevelop/redevelop (sic) under the
provisions of the applicable GTMUD sub-district, or I could go under
the underlying zoning and be stuck with a .6, or I could elect to go
under the overlay standards that are adopted. But in either case I
must develop my site as provided for in Section 4.02.16, the
Development Standards Table for the overlay.
It never says go to the base district, zoning district standards for
development. It says you must develop pursuant to 4.02.16.
Your staff is trying to get you to go outside of 4.02.16 to create
an inconsistency in their mind that will restrict the amount of floor
area ratio. That is not what your Land Development Code says. And
throughout I keep saying 4.02.16 is the Development Standards Table
for overlay. There is no other Development Standards Table for the
overlay.
I'll take you through some of the minutes that address how these
standards came about. But the Board made it clear that they wanted
one table for you to go to, to understand how to develop in the
overlay, and that table is in 4.02.16. And I'll -- here are some of the
uses that were added to the overlay as permitted uses.
I mentioned to you earlier that hotels and motels are not
permitted use under the C4 zoning district. They're a conditional use
because we're not in an activity center. It's through the overlay that
we got the right as a permitted use to build hotels and motels.
You'll note, when you wanted to impose additional standards on
June 25, 2019
Page 83
permitted uses, you knew how to do it, because you had a whole
column that says "additional uses." For bed and breakfast you said
there's additional standards that you've got to go into 4.02.16.C.4.
Hotels and motels, you didn't impose any additional standards. For
gas stations, you did impose additional standards. You said you've
got to also meet 5.05.05. If you wanted hotels to be limited to a .6
FAR, you would have put a .6 FAR right here.
The mixed-use projects process that we went through is an
administrative process. It's through that process that we were able to
do additional height. Height had been reduced from -- in C4 from 75
feet to 56 feet unless you did a mixed-use project that would let you
go back up to 112 feet.
And, again, it says, however, all projects must comply with the
site development standards as provided in 4.02.16. I've lost count so
far as to how many times 4.02.16 has been referenced in the materials
I've provided to you, but it's got to be five or six at this point, if not
more.
Here are the requirements for the mixed-use project. Again, it
allows for a mixture of residential and commercial uses as permitted
under the table of uses for the appropriate sub-district.
I showed you the table of uses for the overlay that allows hotels. It
also allows residential.
It talks about MUPs must be approved administratively and,
again, another reference to the MUP complies with all site
development standards as outlined in Section 4.02.16 of the LDC.
If there's any doubt, the Board said you develop under 4.02.16. It
doesn't say under any other standard table in the LDC.
I don't know how you can come to any other interpretation that
4.02.16 exclusively applies to the table. Here's what 4.02.16
provides, and it talks about -- as you can see under maximum
building height for a mixed-use project. It's 56 feet unless you go
June 25, 2019
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through the MUP process. In the Triangle where we're located, we
can get to 112 feet.
There is no FAR in this table. It doesn't show up. You have
your lot width. You have your front yard setbacks. You have all
your necessary development standards in this table. You have an
envelope that you could put your building in, and if it fits in that
envelope, you can have it. I'm capped at 24 residential units. There's
no cap on office square footage. There's no cap on FAR for a hotel.
It doesn't exist in this table, and this is the table that applies.
Again, if you wanted additional standards, your Land
Development Code identifies certain uses where you're going to
require additional standards. Absent from this list is hotels. You did
not require any additional standards for hotels. And this is from
Section 4.02.16.
The Board knew what it was doing when it adopted the
Development Standards Table, and had it intended to impose a .6
FAR, you would have done so. You had multiple opportunities to do
it. You chose not to because you wanted to spur redevelopment in
the Triangle, and you specifically referenced in your Growth
Management Plan you wanted to spur hotels and motels in this area.
I'll take you to the table that they're relying upon. They want
you to go to 4.02.01, which is Development Standards Table for base
zoning districts, and that's where the C4 standard has a .6, and for
destination resort hotels it says .8.
And then when it gets to overlay districts it says, see table of
special design requirements applicable to overlays. So it says, thou
shalt not use this table. Go to the overlay table. This is not the right
table.
Another table that they're relying upon, again, sends you to -- for
overlays, see the table for special design requirements for applicable
overlay district located in the appropriate section for that district in
June 25, 2019
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Chapter 4; 4.02.16. Thou shalt not use 4.02.01. Use 4.02.16 is what
your code says.
It's clear, it's unambiguous, that the base zoning district
standards do not apply to this property and to this use, and to now try
to impose a .6 FAR is inconsistent with both the Growth
Management Plan and your Land Development Code. And, frankly,
it's inconsistent with 4.03.01 where I took you through those
provisions that any interpretation of the Land Development Code that
you're going to make has to be consistent with what the Board
wanted under the Growth Management Plan, and the Board wanted
opportunities for developers to go in and redevelop and spend their
money redeveloping in the overlay.
I want to take you through some of the legislative history.
Although I think the language is clear and unambiguous, there is very
useful language in how you came about your code.
In January 2011 you did some amendments to the overlay, and
there was an explanation as to why you were doing these and what
was the purpose of these changes. And it says that the reorganization
includes consolidating the design standards for all of the sub-districts
into one section, establishing a simplified table of uses, consolidating
all supplementary standards for specific uses into one section,
4.02.16. That's what you were doing, putting it all in one location so
you wouldn't have to try to figure out where there might be different
regulations applicable to property.
Again, the purpose was to ensure that the CRA overlays respond
to current market conditions and are consistent with the CRA goals
and objectives.
Mr. Scott, who I'll show you later, originally approved our Site
Development Plan change, had the pleasure of working for RWA for
a while and then came on board working for the county. So he was
both consultant and then ultimately county regulator when he was
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talking to the Planning Commission about what was happening in the
LDC.
And he explained that the purpose -- the purpose of these
changes were to eliminate inconsistencies between the overlay
regulations and things that were found in the greater Collier County
LDC. Incorporate more tables and pictures, and modernize the table
of uses. Consolidate design standards. Again, one place. You go to
4.02.16 for that one place.
Mr. Scott again says that basically a project can develop either
under -- based on the uses allowed by the underlying zoning district,
or by the uses allowed in the table, but in either circumstances, they
must comply with the site development standards.
He then goes on to say again, we wanted to reiterate that point
on the table of uses so somebody didn't have to go back and read the
text. So you had your permitted uses table as well as your
development standard table.
And with regard to Chapter 4, now we're being specific. Section
4.02.16, which are the design standards for the Bayshore/Gateway
Triangle overlays.
The GMP expressly encourages more intense development in
the overlay. The LDC carries forward that policy by establishing
specific standards for projects in the overlay. The legislative history
reiterates that you go to one table to figure out what your
development standards are, and that standard is found in 4.02.16.
We -- before we submitted our proposed change to the Site
Development Plan from 48 to 150, we asked the question: Are we
right? Does the FAR apply or not apply? And Mr. Scott said, you're
right. There is no FAR. That was on June 6th, 2018.
I highlighted for you all the people that were copied on the
email, because those are all the usual suspects for reviewing and
approving developments. You had Comprehensive Planning, you
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had planning, you had site review all copied. So if there was an error
by Mr. Scott, they could have clearly said, Chris, you're wrong.
There is an FAR. That didn't happen.
We got our approved SDPI for the 150 rooms and the 24
residential units. We paid our additional impact fees to go from 48 to
150 rooms that were required to get our transportation concurrency
approvals. That's the proof that we made the extra payment.
Then on August 30th we get a letter that I referred to earlier that says,
wait a minute. We've got some questions. This letter says they're
related to transportation. No mention of an FAR. That's
August 30th, 2018.
Not until October 16, 2018, that we get the: You must meet an
FAR found in Section 4.02.01.A, the building dimension standards
for principal uses in base zoning districts, which I took you through,
that says go to the overlay when looking for those standards.
In conclusion, the Growth Management Plan is clear that the
intent of the overlay was to increase in density over what was
allowed under the existing zoning districts. The LDC is clear that the
development standards are in 4.02.16 that apply to the overlay
project. The development standards that the county's trying to apply
are not in 4.02.16.
The county is ignoring the provisions within 1.03.01 that says
you have to interpret your Land Development Code to be consistent
with your Growth Management Plan and, most importantly, your
county staff admits that our interpretation of the development
standards is, in fact, consistent with the Growth Management Plan.
We're requesting that the Board of County Commissioners
revoke the denial of our SDPI, direct your staff to not apply an FAR
to that project, and that you apply the -- there is no FAR within the
overlay. If you want to go forward in the future and impose an FAR
on future hotels, you can do that, but it's not appropriate to apply a
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standard that's not in 4.02.16 today to this project.
And I think I used about 30 minutes, so I will stop there and
answer any questions you may have. I tried to go fast but not too
fast.
CHAIRMAN McDANIEL: Any questions?
Commissioner Saunders.
COMMISSIONER SAUNDERS: Just a quick question, and I'll
probably ask staff the same question. What is the overall purpose of
the floor area ratio?
MR. YOVANOVICH: The floor area ratio is to limit the
amount of space you can have dedicated to your hotel use in a
mixed-use -- or a stand-alone or in a mixed-use building to point --
you do the math. It's 43,560, I think, is an acre, times .56, and that
would give you your square footage. So it's a reduction in intensity.
COMMISSIONER SAUNDERS: All right. Thank you.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: And the difference between the
application of the FAR and the non-application of the FAR means
what in terms of rooms?
MR. YOVANOVICH: What does it mean with -- in terms of
rooms? Well, I guess, theoretically --
COMMISSIONER SOLIS: Or space that can be used for rooms
in the hotel.
MR. YOVANOVICH: Well, it's significant, because without an
FAR, I can design rooms that probably the market wants, 400 to 450
square foot rooms. I can achieve a number of rooms that makes a
project marketable or the type of project you want in that overlay, or I
could go with really small rooms and achieve the 150, but I have to
fit it in a .6, and you're probably not going to get the type of hotel
you'd like to see developed on that corner if you imposed a .6.
Now, keep in mind, there are other standards that apply. I mean,
June 25, 2019
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I've still got to meet parking. I've still got to meet open space --
COMMISSIONER SOLIS: Setbacks.
MR. YOVANOVICH: -- and all that other stuff.
COMMISSIONER SOLIS: All that other stuff.
MR. YOVANOVICH: I just don't have a limitation on square
footage dedicated to the hotel and the amenities associated with the
hotel. But I still only get to go up 112 feet. I've still got -- my box is
still the same as far as setbacks go. It's just what's inside the box.
COMMISSIONER SOLIS: Okay. Thank you.
CHAIRMAN McDANIEL: Very good.
MR. YOVANOVICH: No further questions?
CHAIRMAN McDANIEL: All right. It's 12:08. What's -- I
know we like to go eat. And do you want to hear the balance of this
after we come back from our lunch break? That's kind of sort of the
way I'm leaning. Is everybody okay with that?
COMMISSIONER FIALA: Sure. That's okay.
CHAIRMAN McDANIEL: All right. We'll be back at 1:10.
I'm going to give you an extra minute for lunch, Mr. Grant.
(A luncheon recess was had.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN McDANIEL: Good afternoon, everybody.
All right. Are we ready to go, Mr. Bosi?
MR. BOSI: Yes. Afternoon, Commission. Mike Bosi,
Planning and Zoning Director.
Before we get into the specifics of staff's position, I did put
together a slide that helps explain what a floor area ratio is. A floor
area ratio is a control on intensity of use. And the way that it works
is whatever the size of your site -- and in this case the site is
1.98 acres, almost two acres. You multiply that. You've got to
convert that acres to square footage. There's 43,560 square feet in
any acre. So at 1.98, you have a total of 86,239 square feet
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associated with this site.
When applying a .6 floor area ratio, you multiply that square
footage of the total site, and you multiple it by .6, and that tells you
how much square footage you're allowed of that specific land use, in
this case being the hotel intensity, and it would be capped at 51,743.
So what it does, it -- there's a ratio between how much square
footage is allowed and how large a site is. It's an intensity control.
And that has relevance in sort of some of the material we're going to
put forward.
And just to let you know, staff's position -- we'll be extremely
brief. I know it's a very busy day. I'm just going to get on the
position of where we're at because staff's perspective is a very narrow
focus in terms of how we looked at this issue.
The arguments presented by the appellant, they're -- while
persuasive, they're characterized by staff as circumstantial, and the
LDC does not specifically state that a hotel development in the
Bayshore Mixed Use District has no intensity restrictions as all other
zoning districts in the LDC provide.
Their argument is that the absence of standards in 4.02.16
related to hotels was intentional, and the fact that the overlay is
constructed for a CRA, which provides for higher intensities by its
nature, supports this position. Based upon that, their conclusion is
that the overlay was intentionally silent on the hotel's intensity in the
overlay and, therefore, no intensity restrictions imposed upon a hotel
within the Bayshore Overlay. The arguments would confer that.
But where staff found itself was relying upon 1.03.01.D of the
LDC. And as it was pointed out within the appellant's presentation,
that's how you deal with conflicts within the LDC. And within that
provision, it specifically says, when any provision of these
regulations -- the GMP or any other law or regulation in effect in
Collier County, Florida, imposes greater restrictions upon the subject
June 25, 2019
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matter than any other provision of these regulations, the GMP or any
other law or regulation in effect in Collier County, Florida, then the
provision imposing the greatest restriction or regulation shall be
deemed to be controlling.
And that's important, and that's extremely tied into the last slide
in terms of where we arrived upon this conclusion and what
motivated us to arrive upon that conclusion.
One of the things that was pointed out and then the -- and how
you determine the conflicts within the LDC, a number of the
provisions that would support that the GMP would be the prevailing
document refers to intent. The intent of the GMP. The intent of the
Board. And staff has a hard time with the determination of intent.
But what we do know, that the C4 zoning district has a specific
provision that is applied for a floor area ratio against a hotel. And the
LDC says, when there's a conflict -- when there's a conflict between
provisions of your GMP, provisions of your LDC, that you have to go
with the more restrictive provision. And that was the motivation
behind staff arriving upon the imposing of a floor area ratio upon the
hotel.
The legal considerations authored by the County Attorney
basically said, the overriding land-use documents for Collier County
is the Collier County Growth Management Plan. The intent of the
GMP is implemented through the LDC. The GMP states that the
intent of the Bayshore Triangle Redevelopment Overlay is to allow
for increased intensity. No floor area requirement for hotels would
be consistent with that. But I will also point out if you look through
the material, the 169 pages that the Hearing Examiner put together, a
number of instances of conflicting intent and conflicting provisions
for how it would be applied are provided for.
So, ultimately, what that means is, the ultimate arbitrator of this
appeal is the Board of Zoning Appeals, and based upon the nature of
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this issue, it's staff opinion that it's inappropriate for staff to arrive
upon a determination that provides for a higher intensity of a land use
when there is clear conflicting regulations within the LDC and the
GMP related to that use and that the guidance provided by the LDC is
to decide on the more restrictive portion and allow the Board of
County Commissioners acting as the BZA to provide for the policy
determination on intensity and intent.
That is the -- from staff's perspective, that is the role of the
Board of County Commission, to set policy and make the
determination upon intent. And what we do know, that there is -- a
C4 zoning district has an intensity limitation on hotels of .6.
4.02.16 does not say that it is -- that that floor area ratio doesn't
apply. It's just silent. It creates a conflict. And because of that
conflict, staff felt we were obligated to be more restrictive and allow
the question to be put before the Board of County Commissioners.
And that concludes staff's presentation.
CHAIRMAN McDANIEL: Outstanding. Any questions for
staff?
COMMISSIONER FIALA: No, that was very interesting.
CHAIRMAN McDANIEL: Thank you, Michael. That was
very informative, and I appreciate the definition on the FAR.
So now we'll hear from --
MR. FRIDKIN: My turn?
CHAIRMAN McDANIEL: It's your turn.
MR. FRIDKIN: I don't have my -- I don't have my -- I'm on the
wrong screen so I can't hardly introduce anybody. It's not my job to
introduce anyway. Leo?
COMMISSIONER FIALA: He's going to introduce himself,
right, Jeff?
MR. FRIDKIN: I will, indeed. Thank you very much.
Fellow -- Commissioners, my name is Jeff Fridkin. I'm here on
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behalf of the contract vendee of the CRA-owned adjacent land.
We are interested persons in these proceedings under Florida
Statutes, and we're grateful to have the opportunity to address you.
We support your county staff's decision that revocated the
approval of this Site Development Plan. We think it is essential to
your legality of your Land Development Code that in the absence of
any other control you have an intensity control in place. And without
it, you're not in conformance with law.
Florida law requires that some standards be in place to control
density and intensity. The reason that we oppose the position that has
been taken by the applicant is because that position, as
Mr. Yovanovich just told you, creates a building where there are no --
as he put it to you just moments ago I think in response to
Mr. Saunders' question -- Saunders' question, there are no constraints
inside the box. That, I will posit to you, is not consistent with Florida
law and would render your growth management regulations and your
entire scheme illegal.
If there's no control of density and intensity, then Collier County
would be in violation of Florida law. Let me show you what that law
is. Florida Statutes 163.3177 has a -- we've highlighted the provision
that's important.
The approximate acreage and general range of density or
intensity of use shall be provided for the gross land area included in
each existing land use category.
163.3177 also goes on to say that each future land-use category must
be defined in terms of uses included and must include standards to be
followed in the control and distribution of population densities and
building and structure intensities.
The Future Land Use Plan Element shall include criteria to be
used to provide guidelines for the implementation of mixed-use
development including the types of uses allowed, the percentage
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distribution among the mix of uses, or other standards, and the
density and intensity of each use. The position of the applicant,
Mr. Yovanovich's client, is that there are no density and intensity
controls, and that position is contrary to what the law requires of your
code.
So I want to bring you back into your code. The important
provisions, I think, start with -- and I think this is the part that your
staff found so important -- is whether any provision of these
regulations, the GMP, or any other law or regulation in effect in
Collier County, imposes greater restrictions upon the subject matter
than any other provisions of these regulations, the GMP, or any other
law or regulation in effect in Collier County, the provision imposing
the greater restriction or regulation shall be deemed controlling.
And we wanted to highlight under the purpose and intent of your
code each zoning district has its own purpose and establishes
permitted uses, uses accessory to permit uses, conditional uses,
dimensional standards, and other land use, density and intensity
regulations, and et cetera.
The density and intensity regulations is what we're talking about
here because the staff's position is the mixed-use criteria in the
Gateway Triangle doesn't provide that. We have a different opinion
about that, and we're about to show you what that is.
The applicant's position is you have none. You have no density
controls. It is, as he stated, no constraints inside the box.
So your Gateway Triangle multiple use -- or Mixed Use District,
we contend, regulates density and intensity of all uses, including
hotels --
CHAIRMAN McDANIEL: Can you hold on one second,
Jeffrey.
MR. FRIDKIN: Yes, sir.
CHAIRMAN McDANIEL: Mark, call Mary, because I think I
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hit the button by mistake, and I don't want to see her trotting in here,
if you would, please. Forgive me. I was sliding around in my chair,
and there's actually, like, three buttons right here. They'll clear this
room, and you guys don't want to have to go downstairs, so...
MR. FRIDKIN: No worries. Just to step back a minute, what
we're about to show you is why your actual overlay itself regulates
and controls density of hotels in this mixed-use process in a way that
your staff -- neither the applicant nor the staff seem to recognize. But
as somebody who has looked at these rules and statutes really afresh
within a very recent period of time, it's clear that there is a density
control within Table 7 of your criteria.
MR. YOVANOVICH: I need to --
CHAIRMAN McDANIEL: You don't need to do anything. As
far as I'm concerned, Jeffrey, this isn't cross-examination.
MR. KLATZKOW: No. He's objecting to this because this has
nothing to do with the claim. It has nothing to do with the appeal.
MR. YOVANOVICH: I just want to get on the record --
CHAIRMAN McDANIEL: Please. If you would indulge me,
wait until the presentation is completed by them, then you can come
and speak.
MR. YOVANOVICH: Mr. McDaniel, the reason I don't -- I
can't wait is he's about to get into -- and maybe I shouldn't have read
ahead. He's about to get into things that are outside the appeal, and I
don't want you to hear it, because it may impact your interpretation of
the code. So I'm objecting in advance to him introducing anything
outside the issue which is an FAR requirement.
He wants to show you other standards in the table which is not
the basis of the denial, and I don't think it's appropriate for him to get
into that, and he should not be allowed to get into that.
CHAIRMAN McDANIEL: You've already stated that, Rich.
MR. YOVANOVICH: Okay.
June 25, 2019
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CHAIRMAN McDANIEL: And if he goes there, that's his
choice. This board is going to make their decision based upon the
information that they have available to them.
MR. FRIDKIN: Thank you, Mr. Chairman.
And to clarify, your attorney, in his executive summary, tells
you that the issue is not as narrow as what Mr. Yovanovich just said.
The issue is whether the denial of this -- I won't read the number.
But the denial of this SDP was consistent with the existing Land
Development Code. That doesn't limit your analysis to whether or
not it meant an FAR. You're allowed to decide whether the denial
was consistent with your Land Development Code, and that's a
broader concept. I'm going to show you right now why it's not.
And if what we're arguing isn't correct, then your staff is correct.
COMMISSIONER SAUNDERS: If I might.
CHAIRMAN McDANIEL: One second, Jeffrey.
COMMISSIONER SAUNDERS: I'm going to turn to the
County Attorney and just make sure we are proceeding in a way
that's not going to get us into a whole lot of trouble down the road. I
assume it's okay to listen to the testimony. There's been an objection.
It's an ongoing objection.
CHAIRMAN McDANIEL: It was stated at the beginning.
COMMISSIONER SAUNDERS: But I want to hear from the
County Attorney as to whether we should permit this.
MR. KLATZKOW: You can listen to it. I don't think it's
relevant, but you can listen to it.
COMMISSIONER TAYLOR: But you don't think it's relevant
because of the issue of the FAR --
MR. KLATZKOW: The only issue is about the FAR. I don't
know why room size is appearing up there on that screen.
MR. FRIDKIN: I'd be happy to answer and help him
understand why it's up there, if I can proceed.
June 25, 2019
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CHAIRMAN McDANIEL: Forgive me one second. And I --
Commissioner Saunders, I just want to make sure that I'm -- you
know, we're not talking about relevancy here. We're talking about
procedural -- or the processes within which we're in that
Commissioner Saunders asked you as to whether or not I was within
my rights to ask Mr. Yovanovich to sit back down and allow them to
proceed.
He's already expressed an objection at the beginning that
stipulated he didn't want to be hearing anything today that he hadn't
already been -- hadn't already been part of the package and he had
reviewed.
MR. KLATZKOW: Commissioner, this is an informal
proceeding. It's quasi-judicial. You're the Chair. You're allowed to
allow this to continue if you'd like.
CHAIRMAN McDANIEL: With the objections so noted?
MR. KLATZKOW: Yes.
COMMISSIONER SAUNDERS: That's all I wanted, for the
record --
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: -- was that statement.
MR. FRIDKIN: May I proceed?
CHAIRMAN McDANIEL: Yes.
MR. FRIDKIN: Thank you, sir.
So our contention is -- and in this respect, but this respect only,
we actually agree with Mr. Yovanovich. There is plain and
unambiguous language in your Gateway Triangle enabling
ordinances for this type of development, and they're plain,
unambiguous, and should be followed.
Now -- and what we'll show you here in a moment is that no
hotel unit may be any smaller than 700 square feet in this multi-use
district.
June 25, 2019
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Table 7. Dimensional requirements in the Gateway Triangle
multi-use district. It's important to look carefully at this matrix,
because it tells you that if you're building an apartment building, it
can only be 42 feet high, and the apartment can only be 750 per unit.
If you're building commercial, it tells you that your building can be
56 feet high, but it can only have 700 per unit.
Now, if you look at all of the other -- and, by the way, when
Mr. Yovanovich was up here, he was careful not to point out to you
this minimum floor area. He wanted to talk about lot width and front
yard and side yard and rear yard and setback. That's all outside the
building.
The one part that talks about what's inside the building is your
minimum floor area, and it tells you if you're building a commercial
building, you can't have a commercial use in an area smaller than 700
per unit. If you're building an apartment, you can't have a use smaller
than 750 per unit. And if you're using mixed use, that will include
residential, commercial, and, under commercial, a whole set -- I don't
know exactly -- I think there may be as many as eight -- of different
uses, including a restaurant, an office, a lodging facility which
includes hotels and other uses.
I'm not sure a tattoo parlor could be in there, but whatever is
permitted in C1 through C3 is permitted, and because of the special
provisions, lodging facilities is added. Not one of those uses may be
allowed to occur in an area smaller than 700 per unit -- 700 square
feet. That's what -- when you look at the top and it says mixed use,
it's describing the character of the use, and that character includes
residential, commercial, lodging, hotel.
And it then goes down to say that the minimum floor area in that
use is 700 per unit. How do we know that that applies to rooms as
opposed to the idea that if the hotel is bigger than 700, then it fits the
definition? Look at your own code. Your own code answers that for
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you.
So just understand we believe Table 7 to be absolutely
unambiguous on its face that it limits the use of any of the mixed-use
categories to a space no smaller than 700 square foot. I'm sorry; per
unit.
But the -- your code deals with this issue in multiple locations.
Look at 2.05.01. It talks about maximum density, and it describes it
in terms of units per gross acre, and then it goes down and it talks
about for hotels and motels, that's 26 units per acre. It doesn't mean
26 separate hotels. It means 26 rooms. That's how you have applied
it. That's how it's written. That's how it's intended.
Look at 2.03.07.L.6. Again, it speaks to 26 units per acre for
hotels and hotels, and then it goes down and describes the floor area.
Three-hundred-square-foot minimum with a 500-square-foot
maximum for hotels and motels, except that you can put -- 20 percent
of the total units may be bigger than 500 so you can have penthouses;
larger, nice suites.
If you look at 4.02.01, dimensional standards for principal uses
in base zoning districts, your code sets forth a minimum floor area for
the buildings. And in a 10-story building dedicated to hotels, it tells
you that the minimum square footage is 300 and the maximum for
hotel units equals 500 feet.
So no one's asking you to do anything novel or different other
than to just apply the code as you've written, and just in case this is a
strange concept to anybody, your tourist tax registration tells people
in the industry -- all of whom know that hotel unit means a hotel
room. It tells them, tell us the total number of units you control. It's
not the number of hotels as a larger operation. It's the smaller
divisible unit of the larger use.
Mr. Yovanovich admitted to you in his presentation that when
his client purchased this property they knew that there was a 48-room
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limit, and the drawings, if you went to the underlying drawings, it
was originally 12, then it went to 48 for the prior owner, and they
identify this as hotel guest room units. They recognized the unit, and
they recognize the limitation created by your own overlay.
Point being, there's no equities here where somebody didn't
understand what they were dealing with. Those prior documents
show what they were dealing with. If you were to reverse your staff,
you would be finding that there was no floor area ratio applicable to
this project, that there was no minimum unit size applicable to this
project, nor any maximum units per acre. And if you do that, you'd
be in violation of Florida law that I brought to your attention. There
would be no limit on the number of hotel units whatever.
Today the units that they have sought that your staff has rejected
are between 3- and 400 square feet. But if they don't -- are not
required to go through any other process, there's nothing in the world
stopping them from making them smaller.
You could go to 600 hotel units that would fit into the current
plan. So if you were to reverse this and reinstate the Site
Development Plan, this owner would have gone from 48, the people
before he bought it, or before the company bought it, to 150 to as
much as 600 with no public input nor any indication of whether
there's public support.
In the industry of the hotel, one of the developing trends is pod
micro hotel units. Those are growing in urban developments, like the
area that you're trying to promote in Gateway. In light of the very
expensive land costs when there's no control or constraint inside the
box, you can put 80 to 100 square foot units, and that is happening
today in New York City; in Washington, D.C.; in Tokyo and in other
major places.
There's no reason, if you were to interpret the SDP in the way
you're doing that, that couldn't happen here. For example, this is a
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picture of what is a modular approach to hotel units that are 80 to 125
square foot. They're doing this in a luxury format; 80 to 125 square
foot. Imagine the impacts on rates in our community. Imagine how
the public would react to this if this were to happen and what you're
being asked to do now is give a blank check to what is, quote, inside
the box. You cannot do it.
This applicant cannot achieve the development intent through
the SDP process, but it certainly can do the other processes that are
readily available to any landowner in the community. They can
amend -- seek to amend the Land Development Code. They can seek
to amend the Growth Management Plan. They can seek to rezone the
property. And there's no set limit on what their outcome can be. It's
only a process of making sure that the public has input and the public
has supported what the decisions are.
What we're asking this Commission sitting as the Board of
Zoning Appeal to do is to affirm the staff's denial of this change in
the SDP for the reasons we've explained, and to direct your staff to
apply this 700-square-foot minimum unit size requirement under your
existing GTMUD, the Gateway Triangle multi-use district overlay.
Thank you.
CHAIRMAN McDANIEL: Absolutely. And I just want to say,
you know, I was reading through the procedures here. And forgive
me, Jeffrey, because you do have and certainly should offer an
opinion with regard to the relevancy of the testimony that's given.
I had missed that earlier on in your brief here with regard to what
transpired.
I had concern when we started talking about relevancy only
because of the subjectivity of what's relevant and what is, in fact, not.
MR. KLATZKOW: Commissioner, we're all good here. It's all
good.
CHAIRMAN McDANIEL: Yeah -- well, and, for the record, he
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finished two minutes sooner than you did, Rich.
MR. FRIDKIN: I'm happy to answer any questions.
CHAIRMAN McDANIEL: I've got two questions for you, Jeff.
Commissioner Solis.
COMMISSIONER SOLIS: Yeah. Mr. Fridkin, so does the
FAR apply on your -- on the property that your client's purchasing?
MR. FRIDKIN: Our property went through the PUD process, so
we actually have -- you know, we went through the process of
obtaining an ordinance with all of the public input that went through
that.
COMMISSIONER SOLIS: Okay. But does -- I mean, does the
FAR apply to that, or is there no FAR being applied to that property?
MR. FRIDKIN: Yes. So I think the best I can tell you is staff
took it all into consideration. We went through an alternative process
as opposed to using the overlay. So we did not -- we did not proceed
with an SDP. We went through a totally different process, which is
what we think needs to happen here.
COMMISSIONER SOLIS: I understand. Maybe Mr. Bosi
can -- well, because the reason I'm asking is, I mean, you're making
the argument that the FAR has to apply because that's what limits the
density/intensity of a hotel and that if we don't have that, then we're
not somehow regulating that, and it violates the statute.
MR. FRIDKIN: And let me add some clarity to that, because
what I am saying is that if, in the absence of accepting the argument
that Table 7 provides the density and intensity regulator on every
characteristic of mixed use, including hotel -- that's our real
argument -- that your fallback, that you're required to apply your
most restrict, and that that most restrict is the FAR in the absence of
applying Table 7 just as it's written.
COMMISSIONER SOLIS: Okay. But Mr. -- I'm just trying to
figure out, the argument that's being presented is that there has to be
June 25, 2019
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some limitation, either the FAR or we have to apply this Table 7, and
I'd like to ask Mr. Bosi some questions about where Table 7 fits into
it.
MR. FRIDKIN: You want me to step aside?
COMMISSIONER SOLIS: Well, I think it relates to -- I mean,
if you don't know the answer -- what's the restriction within the
building envelope that your client -- I mean, in the PUD, in your
client's PUD -- because I want to make sure -- and, granted, this is
probably going -- this is probably why Mr. Yovanovich didn't want to
hear the thing about the new table, but -- because now we're talking
about to an adjoining property.
But I'm just trying to figure out what we've done in the past and
how we've applied this FAR. You know, if the FAR applies, it
applies. If it can be removed, then it can be removed without
violating the statutes.
You know, I think we have to be consistent and have an eye on
that when we go about making these decisions whether it's an appeal
or a rezone.
So can you explain to me a little bit, Mr. Bosi -- and, I guess, I
think Commissioner Fiala may have another question for Mr. Fridkin,
but could you just explain where does Table 7 -- I know it's not
relevant, but I'd like to understand where that fits into this whole
thing, if at all.
MR. BOSI: To his client's PUD, they restrict the number of
dwelling units and the number of hotel rooms. There's no FAR that
applies.
They went through a Growth Management Plan as well as a
rezoning effort. They're 168 feet. They're higher than the 112 feet
that's imposed by the table. So they went through the GMP to create
their own mini-triangle subdistrict, and in that subdistrict they
established whatever the restrictions were in terms of number of hotel
June 25, 2019
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units, number of residential units, and the amount of square footage
that they would be allocated for the project.
COMMISSIONER SOLIS: Okay.
MR. FRIDKIN: That's a public process.
COMMISSIONER SOLIS: I understand.
CHAIRMAN McDANIEL: We understand. We were part of
that.
COMMISSIONER SOLIS: I was here. It was a very public
process.
And I'd like to understand, what -- all we've seen is Table 7. I
mean, what's the introductory language to Table 7? What does it
apply to in the overlay?
MR. BOSI: It applies to the Gateway Triangle Mixed Use
District subdistrict to specifically properties that are identified within
that individual subdistrict.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: You all good?
COMMISSIONER SOLIS: That's all I have.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yes. One of the things that strikes
me coming from a people point of view now, excuse me, is that I
think with the floor area ratio -- and I was satisfied when we talked of
before, the 7.0 floor area ratio -- or 6.0 (sic) floor area ratio because I
felt that that would be good. This place is going to be stuffed in, if
you will, on less than two acres and in an area that is filled with
traffic on both sides. It's probably the worst area that anybody could
ever try and get in or out of at all.
Plus, there's no parking in the area, so they're going to have to be
parking underneath their building or something because however
many units they build, they have to be able to accommodate cars and
parking and so forth.
June 25, 2019
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So I think if you make -- now, these people have to be able to
stay in a place. And so if you have 48 units -- I think that's what they
figured it would be is 48 units. Now, you know, that -- I think -- it's
not that it's ideal, but I think it can accommodate it. But when you
start climbing up two and three times more units, that means more
cars, more people. I just think that that's going to be a crushing blow
to everything else around it, including the city, who has objected to
this.
I think it's really important that we start with what we -- the
basics that we had before and move in that direction. If I may -- I
wish I could say eloquent words like that, but I can't. I just -- I can
just say it in plain old people talk.
Thank you.
CHAIRMAN McDANIEL: Makes sense. Makes sense.
Commissioner Saunders.
COMMISSIONER SAUNDERS: A couple questions for
Mr. Bosi, if I might. The prior owner of that two-acre parcel, what
were they ultimately entitled to? Were they entitled to the
development without the FAR? Were they entitled to 150 hotel
units? I think there was some indication that the current owner, the
new owner, is looking for consideration based on the fact that the
prior owner had approval to do what the current owner wants to do.
MR. BOSI: The original SDP -- and I think that's what was --
I'm -- I'd have to do some research in terms of -- to specifically
answer that question for you, Commissioner, off the top of my head.
COMMISSIONER SAUNDERS: The question is what did
Mr. Fortino -- and thank you for that --
COMMISSIONER TAYLOR: The Trio.
MR. BOSI: Within the Hearing Examiner package that was
provided for, the specific allocation with the contract with
Mr. Fortino was 26 units per acre related to a hotel.
June 25, 2019
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COMMISSIONER SAUNDERS: Okay. That's --
MR. BOSI: That was in the contract purchase.
COMMISSIONER SAUNDERS: Okay. Now, Mr. Fortino,
then, did not have the ability to build 150 hotel units?
MR. BOSI: No, not at 26 units per acre.
COMMISSIONER SAUNDERS: All right. Now, the chart that
was up on the screen, Table 7, the 700 feet per unit -- square feet per
unit for the minimum floor area, in your opinion, does that particular
number apply to hotel units? I understand that they can apply to
commercial units. Would that apply to --
MR. BOSI: I would say residential units, commercial units, but
not individual hotel rooms. That would not be my opinion in terms
of how that should be applied.
MR. FRIDKIN: Can I ask a question on that? Can he point you
to where in the Land Development Code --
CHAIRMAN McDANIEL: Please go to the microphone. One
second. Because you have to be careful with the microphone,
because this is all being recorded, and Terri gets mad at me when we
talk outside the -- she's mad at me, but it's when we talk outside the
mic.
MR. FRIDKIN: I heard the opinion where I don't find that is
anywhere in the language of your Land Development Code. So I just
query how -- where that comes from.
MR. BOSI: As the County Manager's designee to interpret the
Land Development Code, just from my experience of applying
planning principles for the last two decades.
COMMISSIONER SAUNDERS: So your opinion, Mr. Bosi, is
that the minimum floor area in Table 7 does not apply to hotel units?
MR. BOSI: Correct.
CHAIRMAN McDANIEL: My computer shut off. I have no
agenda or anything in underneath this. There was a blip in the system
June 25, 2019
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up here. You've seen our staff cruising around. No, you're on that
screen, but I'm trying to get back to the agenda, so...
MR. YOVANOVICH: Mr. Chairman?
CHAIRMAN McDANIEL: Yes, one second, Rich, and then
we're going to go there because, there again, reading the County
Attorney's direction on this, there was -- there's supposed to be some
kind of cross-examination or questions allowed from the appellant
back to the contract purchaser and so on and so forth.
So Commissioner Taylor has a question for somebody, and then we'll
go to you.
COMMISSIONER TAYLOR: Mr. Bosi, staff initially
interpreted the request for 150 units or 150 hotel rooms as an
insubstantial change, and they approved it until it was rescinded. Can
you explain the rationale behind that initial decision, please.
MR. BOSI: The initial decision was based upon the language
that was contained within the GMP that said that you would expect
higher intensities within a CRA. Our CRA is an area that's been
defined as economically disadvantaged and suffering from blight and
needing an infusion of private investment within those.
The way that planning promotes infusion of private investments
in incentivization. Incentivization is normally done by providing for
higher intensities than normally what would be associated with other
geographic areas of the county.
Based upon those principles, staff's opinion was that a floor area
ratio should not apply, but then it was called out to staff's attention
that the rules of interpretation within the LDC states that staff has to
side with the more restrictive application when there's conflicts
within the regulations.
COMMISSIONER TAYLOR: Mr. Klatzkow, that decision to
change the way -- the request for 150 units was interpreted by staff?
MR. KLATZKOW: Yes.
June 25, 2019
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COMMISSIONER TAYLOR: Does that put the county in a
place of precariousness?
MR. KLATZKOW: No. It's unsubstantial.
COMMISSIONER TAYLOR: Okay. So this is not -- nothing
in your opinion that could lead to other actions?
MR. KLATZKOW: No.
COMMISSIONER TAYLOR: Thank you.
MR. FRIDKIN: If I might, I just would like to add that
ordinarily if we were across the way in front of the black robes,
people aren't allowed to give opinions with respect to what plain,
ordinary, and unambiguous language means.
Seven hundred square foot per unit on a hotel is nowhere shown
to be outside. We heard that this was the opinion based on 20 years
of planning experience, but the place to get testimony about
interpretation and opinions is ambiguity. You've got a column that
has the word "mixed use" at the top, and that mixed use includes
eight or nine different uses. All of them are subject to everything in
the column below.
So if you're going to use it as a commercial space, 700 per unit.
If you're going to use it for transient lodging, which includes a hotel,
700 per unit. If you're going to use it for any kind of residential,
whether it's an apartment or a condominium, 700 per unit. That is
just crystal clear from the language.
MR. KLATZKOW: And this is why I didn't want to get into
this, because now we're arguing over something that's irrelevant.
CHAIRMAN McDANIEL: Well -- and that was to her
question. Are you all set with your answers?
COMMISSIONER TAYLOR: Right now.
CHAIRMAN McDANIEL: Mr. Yovanovich -- and forgive me.
I mean, we --
MR. YOVANOVICH: I understand. I understand. This is all
June 25, 2019
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new to me too.
I just have one question for Mr. Fridkin. Can you point out to
me where in Table 7 there's an FAR requirement?
MR. FRIDKIN: No.
MR. YOVANOVICH: No, you can't point it out or, no, there's
not one?
MR. FRIDKIN: No, there is one if the 700-per-square-foot
minimum per unit, meaning per hotel room, is not applied as it was in
the prior SDP. If that isn't applied here, then the fallback must go --
under your laws must go to the FAR. Must.
MR. YOVANOVICH: Well, let me ask the question again.
What is -- what does floor area ratio mean? What is the definition?
MR. FRIDKIN: I've never calculated. To me it is -- it means
what it says, a floor area ratio. If you're asking me to calculate it, I
will confess, ladies and gentlemen, I can't do that.
MR. YOVANOVICH: I'm not asking you to calculate it. I'm
asking you to show me where in that table you would do a
requirement to calculate a floor area ratio to determine how many
square feet of hotel can occur on a piece of property in the overlay.
MR. FRIDKIN: I think I already answered that question in
saying that the FAR isn't on Table 7. You don't have to get to the
FAR under Table 7 because there is a density/intensity control built
into it.
But if that was not the case, then you must go to an FAR in
order to have a lawful Land Development Code, because you can't be
in a situation where you have no restrictions on intensity and density.
MR. YOVANOVICH: Does parking regulate or restrict density
and intensity?
MR. FRIDKIN: Not of the structure, no.
MR. YOVANOVICH: Does it regulate how much can go in a
structure?
June 25, 2019
Page 110
MR. FRIDKIN: No.
MR. YOVANOVICH: It doesn't? Parking doesn't regulate how
much can go in a structure?
MR. FRIDKIN: It doesn't regulate density and intensity.
MR. YOVANOVICH: Okay. I'll let -- I'll just leave it alone.
MR. FRIDKIN: Anything else from me?
CHAIRMAN McDANIEL: No, I don't think -- I don't have
anybody else lit up. Do we have any other questions?
(No response.)
CHAIRMAN McDANIEL: Rich, do you have any responses?
MR. YOVANOVICH: I have a few.
CHAIRMAN McDANIEL: Other than to repeat the objection?
MR. YOVANOVICH: No. I've already made that objection,
and I don't feel the need to again point out that your staff simply
denied our Site Development Plan amendment on the sole basis that
we did not meet an FAR. That's the only thing we're here to discuss
today.
There's nothing on that table that requires an FAR. Under
Mr. Fridkin's analysis -- and I hate to go in there, but let's just --
under Mr. Fridkin's analysis, I have a 112-foot-tall building. That's
an envelope. And I could figure out how many square feet I can get
into that building, and if he's right, I have to divide it by 700, I get so
many numbers of units, but that's not an FAR. There's nothing in
there that talks about an FAR.
Your sole basis -- and the only thing we were supposed to talk
about today was: Is there an FAR requirement? Now, Jeff's a very
skilled lawyer. He's a litigator. I'm not. He did what I would try to
do, too, is he tried to introduce and confuse the facts. He wants you
to think about something else. He doesn't want you to focus on what
we're really here to talk about.
Your code does not include an FAR. We should -- you should
June 25, 2019
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overrule your staff. We should get our approval based upon your
staff's interpretation of whether or not 700 applies. They've told you
it doesn't. He has every right to appeal that interpretation, and then
I'll be the responding party, and he'll get first to be able to say why
staff was wrong in determining 700 feet doesn't apply.
We're not there. Your staff has admitted that our interpretation
of the code is 100 percent consistent with the Growth Management
Plan, and there is no FAR in that Development Standards Table.
And I, ad nauseam, pointed you to 4.02.16 to the point where I
was getting bored saying it. But that's the standard table and there's
no FAR in that standard table. It's right there. And Mr. Fridkin
admitted there's no FAR.
Your staff interpretation should be overruled, and we should get
our Site Development Plan approved without an FAR requirement,
and then if we need to come back here based upon some other
interpretation on 700 feet, then we'll be back here again. And that's
all I really have to say.
COMMISSIONER SAUNDERS: Mr. Yovanovich, I have a
couple quick questions. And the reason I'm asking this is I'm
wondering if this Table 7 might go to what may have been the intent
at the time when these things were approved to have larger units.
So if there is no FAR, how many unit -- hotel units could you
build in that box?
MR. YOVANOVICH: What we'll be governed is -- and I'll
admit I don't remember what the percentages of residential units I
need to have to qualify for a mixed use, so that will be -- that's
another development intensity standard. I have to be mixed use,
which would include residential units. The hotels will be governed
by can I park it. It is a -- parking is, as you know, an intensity
limitation. If you can't park it, you can't have it. Restaurants have a
much higher parking standard, so that limits what can happen in the
June 25, 2019
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envelope.
To answer your question, I know I can fit 150. I can park the
150 we got approved. I don't know if I can fit any more and meet the
parking requirements, but I know I can fit the 150 in parking. I
haven't looked if I can fit 160 or 170. That wasn't our plan.
But parking is going to be the governing factor plus the fact that
we have to meet your mixed-use criteria, which will limit how many
hotel units can actually go in that building.
COMMISSIONER SAUNDERS: So your client's intent at this
point is to build units that are about 400 feet but --
MR. YOVANOVICH: Average 400, 450, yes.
COMMISSIONER SAUNDERS: But if the parking permitted
it -- I'm not saying you would do this, but if the parking would permit
more units, there would be at least the potential for smaller units and
more --
MR. YOVANOVICH: We actually -- we're being forced into
smaller units in order to get the number we want. Your staff is
basically saying under the FAR, make your units really small, fit the
parking. And you'll get what he doesn't want you to have, which is
those little pod units. For us to get the number of units that make this
marketable, you're going to force me into being smaller, like a similar
project down the road.
We're asking for hotel units that are in the 400 -- the average
unit, about 4-, 450, which we believe is an appropriate size hotel
room for the types of hotels you want to have in Collier County,
specifically to anchor your redevelopment.
You force us into a .6, you're going to force us into smaller
units, and you're going to -- we'll park it, we'll make it work, and
we'll end up having the same number of units. They'll just be smaller
in size.
COMMISSIONER FIALA: I don't understand.
June 25, 2019
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MR. YOVANOVICH: I know I could park 150 hotel rooms
right now. So all I've got to do is make them smaller.
COMMISSIONER TAYLOR: How do you know that?
MR. YOVANOVICH: Because I got an SDPI approved for 150
hotel rooms and 24 residential units, and I had to meet the parking
requirements.
COMMISSIONER TAYLOR: The current owner got that SDP
or the owner before?
MR. YOVANOVICH: We have an SDPI that was at 150 rooms
and 24 residential units that was just -- that was approved that I met
the parking requirements. It was simply rejected because now there's
an FAR requirement. So I know I can park 150. If you're going to
restrict in what space I've got to put it, the units have to get smaller.
COMMISSIONER FIALA: I just don't understand that at all,
so -- I'm afraid I'm not in the construction.
COMMISSIONER SOLIS: Yeah. I think the FAR relates to the
size of the actual units --
COMMISSIONER FIALA: Right.
COMMISSIONER SOLIS: -- in relation to the size of the
whole property.
COMMISSIONER FIALA: He's saying he has to build more
units --
MR. YOVANOVICH: I get -- if staff's right that I get a .6, I get
X number of square feet, whatever that was. I think it was 51,000 is
close ball park.
CHAIRMAN McDANIEL: Put that slide back up, Leo, if you
still have it.
MR. YOVANOVICH: I think it was 51,000 something square
feet.
COMMISSIONER SAUNDERS: Somewhere in that
neighborhood.
June 25, 2019
Page 114
MR. YOVANOVICH: So I'll take that 51,000, and I'll divide
that by 150 rooms. I can't do that in my head, but it's not very big. I
think we did that once. It's a little over 250 maybe. I'm looking at
John. You did that, 250'ish.
MR. AGNELLI: Two hundred fifty, 275.
MR. YOVANOVICH: If I divide the 150 rooms into that square
footage right there of 51,743, I get rooms in the 250-square-foot
range.
COMMISSIONER SOLIS: And you've got enough parking --
MR. YOVANOVICH: I've got enough parking to satisfy that
requirement. And I don't think -- we don't want that. We've not
asked for that. We would prefer to have the bigger rooms. And that's
what we got approved initially, but that's the -- you know, that's the
way it's going to ultimately play out. Not our desire; not what we
want.
CHAIRMAN McDANIEL: Three hundred forty-four, 345
square feet.
MR. YOVANOVICH: Okay. That's fine, but I may have some
issues with hallways and things like that that I may have to subtract
out. But that's my best-case scenario, 344-square-foot units, and if
that's what you want to see by now imposing an FAR that doesn't
exist in your code, then, you know --
COMMISSIONER FIALA: FAR is supposed to encourage
larger units.
MR. YOVANOVICH: The fact that you didn't have an FAR
would encourage the larger units, and that's what you wanted. You
wanted to bring in nice hotels with bigger rooms with no FAR. I've
just got to park it. I've got to meet open space. I've got to meet all
the important things that are development standards that frankly do
regulate intensity.
So for Mr. Fridkin to say up there that you have to have a unit
June 25, 2019
Page 115
limit or a square-foot limit to say you have a valid code, that's not
correct. You have intensity standards through your development
regulations.
COMMISSIONER FIALA: So how can they want 150 units
when they were originally going to build 48?
MR. YOVANOVICH: Well, what ended up happening was
Mr. Higgs bought the property, and he came to me and said, hey,
Rich, do I have to build 700-square-foot rooms? Do I have an FAR?
And, you know, I sat down and I read the code, because I'd never
been in that section of the code before, and I read the code. And the
code doesn't require 700-square-foot units, and it doesn't require an
FAR.
And to make sure I was right I asked your staff, and your staff
said, you're right, you don't have to have 700-square-foot rooms, and
there is no FAR. And we applied for and got our SDPI approved.
And now all of a sudden I've got -- I don't have to do 700-square-foot
rooms, as Mike Bosi told you, but now I've got an FAR that I can't
find anywhere in the code to support that I have to do an FAR.
COMMISSIONER FIALA: So then why do they want to build 150
rooms? Why don't they just say 48 rooms?
(Simultaneous speakers speaking.)
MR. YOVANOVICH: There's no market for that,
Commissioner Fiala.
COMMISSIONER FIALA: -- somebody who doesn't know
anything at all about building or anything. So I'm asking basic
questions that maybe other people in the audience would want to ask
also.
MR. YOVANOVICH: And I'll give you the basic answer. If
that was a marketable project, Mr. Fortino wouldn't have lost the
project. It was not a marketable project to make money. A 48-room
hotel wasn't going to -- was not going to be a financially viable
June 25, 2019
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project. So it was bought at a -- basically at a foreclosure, and we're
looking at what will be a nice-quality project that -- Mr. Higgs wants
to build a nice-quality project on that corner.
And we had a hotelier that was ready to go forward, and we lost
that hotelier because of the new FAR interpretation.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Well, I was just going to ask, if
there aren't any other questions for Mr. Yovanovich, maybe we
should just close the public hearing.
CHAIRMAN McDANIEL: Getting ready to. I just want to
make sure that that's where we're going. If there aren't any other
questions, I'm going to go ahead and close the public hearing.
COMMISSIONER FIALA: Did we have any other people that
are signed up to speak?
MR. MILLER: No. I have no registered speakers for this.
CHAIRMAN McDANIEL: And only ones that were swore in
can.
COMMISSIONER FIALA: I didn't know that.
Well, I make a motion to approve. Let's see -- for the BZA to
affirm the administrative denial based upon the direction for
interpretation provided for in the LDC.
CHAIRMAN McDANIEL: Do I hear a second?
(No response.)
CHAIRMAN McDANIEL: The motion fails due to a lack of a
second.
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: This is a real donnybrook. And,
you know, I thought it was me because I'm not a land-use attorney,
but when I see my colleagues to my left and my right shake their
hands -- heads and sigh, I know how difficult this is.
June 25, 2019
Page 117
So perhaps I'm going to choose my colleague, Commissioner
Fiala's response and her way she looks at things, but I'm looking at it
perhaps not as legally as I should in terms of trying to be exact, but
I'm looking at it from a situation where I think there was a change in
the way we did things, meaning we said no, and then we said yes.
And I think it caused confusion. I think it caused some problems
right now with -- I don't know what happened behind the scenes. I
mean, I've heard this. I've read this, but what really happened I'm not
sure.
But I know that there's a problem with this change, and I think
in a sense it's unfair. We kind of changed our ideas midstream. And
I'm concerned about it, but at the same time I am concerned that we
do have an FAR; that there is an FAR there. But I think in this case
there's been so much -- there's been a change with it.
I think that -- to be fair, I think we should vote on the side of the
petitioner and grant this request but at the same time make sure to
ask -- if it's a moratorium, I don't know what it is, but we need to get
this very, very clear going forward. We can't allow this to happen
again.
We are Collier County. We are Naples, Florida. We don't build
unregulated -- come in here and create your own zoning. But from
hearing what's in front of us, there's just been so much -- there's just
been so much confusion about this and mistakes. And I'm not
pointing fingers. I'm just relating from a very human point of view.
So I'd like to make a motion that we uphold what the petitioner
has asked and that in this case we find that we as the -- well, we vote
on the side of the landowner.
CHAIRMAN McDANIEL: And just to clarify, that allows for a
hotel use without the application of the FAR?
COMMISSIONER TAYLOR: Yes, but at the same time, there
is a moratorium, if that's the word I dare to use, within the overlay,
June 25, 2019
Page 118
within the Bayshore/Gateway overlay that -- for hotels until such
time as we straighten this mess out.
COMMISSIONER SAUNDERS: Could we do this one motion
at a time? Because I'm not going to support a moratorium.
CHAIRMAN McDANIEL: Me either.
COMMISSIONER TAYLOR: Well, "moratorium" may not be
the right word.
COMMISSIONER SAUNDERS: Let's just deal with what's in
front of us, and then if there's going to be some other action, then we
can deal with that.
CHAIRMAN McDANIEL: I agree with that.
So the motion's been made to allow for the use of a hotel
without the application of a FAR.
COMMISSIONER FIALA: Don't look at me.
CHAIRMAN McDANIEL: I am looking at you. Now, is there
a second?
COMMISSIONER SOLIS: Well, I'll second that.
CHAIRMAN McDANIEL: It's been moved and seconded. For
further discussion, Commissioner Solis, your light was lit first.
COMMISSIONER SOLIS: Yeah. This has been a really
difficult case. And I understand what the staff is saying, but looking
back through the different provisions of the overlay -- and I'll just put
on the record what's been, I think, critical in my decision on it --
because I really didn't know which way to go on this thing today. I
mean, I think there's arguments to be made on both sides. But if --
and I don't know if we can get to the slide, but there's Section
02.03.07(N)(3), 3(b), it's this one.
COMMISSIONER TAYLOR: Whose?
MR. YOVANOVICH: That was mine.
COMMISSIONER SOLIS: Mr. Yovanovich's.
COMMISSIONER FIALA: Read 3(b).
June 25, 2019
Page 119
COMMISSIONER SOLIS: And what it says is -- 3 says,
relationship to the underlying zoning classification -- sorry -- and
Collier County Growth Management Plan. B says that the property
owners may establish uses, densities, and intensities in accordance
with the existing LDC regulations of the underlying zoning
classification C4 -- C3, C4, right? That's what it was? Or -- and this
is what, I think, you know, made up my mind today is it says, or may
elect to develop under the provisions of the applicable GTMUD sub-
district.
CHAIRMAN McDANIEL: Which is silent on the FAR.
COMMISSIONER SOLIS: Which is silent on the FAR. You
know, I think on the one hand, not having something in there is a
statement. I don't know that it is necessarily ambiguous. And
number two -- and, you know, just from a practical common-sense
standpoint, we've always taken the position that uses have to be
specifically included within permitted uses and accessory uses, right?
If it's not, then you're not entitled to it.
In my maybe too-simplistic mind, restrictions have to be the
same way or else you don't know what you're restricted by.
So the fact that it's not in there, to try to then apply it when they
have the ability to choose between the underlying zoning and the
overlay, it doesn't make any sense to me. And it seems inconsistent
with what the expressed intent of giving the landowner the flexibility
to establish the densities/intensities and the stated intent that we want
it to foster more density/intensity in this area to revitalize it. I just -- I
can't come to any other conclusion.
CHAIRMAN McDANIEL: Commissioner Saunders? I don't
mean to cut you off.
COMMISSIONER SOLIS: No, that's it.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I'm going to support the
June 25, 2019
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motion. I agree with Commissioner Solis in terms of the
interpretation of that language.
I will say that the fact that staff made a determination and then
changed their mind, to me that's not particularly persuasive. It's not
an issue of fairness or unfairness. Sometimes staff makes mistakes,
but those mistakes are not binding. If staff has an interpretation that's
incorrect, we can alter that interpretation. So I'm not persuaded that
there would be something unfair by agreeing with the staff's second
position, because I think we can make that determination. But I am
persuaded by the language that Commissioner Solis has pointed out.
I also want to just say that I think I would have been benefited greatly
from a report from the Hearing Examiner, and we were on a
process -- I realize this is not relevant to the motion. But we had a
process in place where the Hearing Examiner took testimony and was
about to write a report. It was taken away from the Hearing
Examiner and, quite frankly, I would have liked to have had the
benefit of that. I didn't realize that the Hearing Examiner had already
conducted the hearing and was ready to write the report. I think we
would have benefited from that. We would not necessarily have had
to agree with it, but I think we would have benefited from it.
So in the future when we have an item like this and it's discussed at
the end of Commission meeting to simply circumvent that process,
I'm just going to say in advance I'm going to be very reluctant to
circumvent a procedure we have in place that we could benefit from.
But I'm going to support the motion this afternoon.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: I agree also as far as the Hearing
Examiner goes. I wish we would have gotten his opinion. He can
shed some light on things at times that we haven't been able to see.
Anyway, when you talk about more intensities, I don't think you
can paint everything with the same brush because in an area that's
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less than two acres, the intensity doesn't need to be the same as an
area that's worth 15 acres. I mean, intensities are different things
applied to different areas. And in this particular instance, you add on
too much intensity, the traffic's never going to be able to handle
itself. Their area is so busy right now.
And the city is complaining about it, and they're adding more.
And our people are complaining about all the intensities. You hear
them complaining all the time, and yet we want to pack this in, and
that's by building more units.
If they would have said we want an FAR, but we're still only
going to build 48 units instead of 150 units, it would have probably
hit me better, because those 150 units also have to be served by
employees who have to park there as well and come to work every
single day, and then there's probably going to be a restaurant and so
forth.
It's just -- I think we're trying to pack too much into a very small
area, so I can't support it.
CHAIRMAN McDANIEL: Okay. Well, I agree with the
motion. It's been a difficult decision but for me, in an
oversimplified -- since we're going with oversimplified thought
processes, to me we have an overlay. The applicant had a choice of
following the C4 underlying zoning and get a hotel approved where
the FAR would have been applicable, but the overlay, being silent on
it, was relied upon, allowed the use of a hotel without the application
of a FAR. It's really that simple.
I'm disappointed, candidly, similar to what you stated,
Commissioner Taylor, that the process or the lack of public
participation for what can or can't go on there is -- the people -- the
public is going to be taken out of it, necessarily. But be that as it
may, the reliance on the overlay, the intent of the overlay was to
increase those intensities without the application of the FAR.
June 25, 2019
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So with that, it's been moved and seconded. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed?
COMMISSIONER FIALA: (Raises hand.)
CHAIRMAN McDANIEL: 4-1.
MR. YOVANOVICH: Thank you.
COMMISSIONER TAYLOR: So I'd like to see if we can have
a second motion that we have an LDC amendment correction, that we
make this very clear that all hotels in the overlay have a FAR, F-A-R,
application, that this would be an amendment to the LDC to make it
crystal clear so that we never ever have to go through this again.
COMMISSIONER SAUNDERS: I would suggest if you can
bring this back as an agenda item so we'd have something to look at.
If it's directing staff to come back with something in the future, I
have no problem with that.
COMMISSIONER TAYLOR: Yes, that's what it is.
COMMISSIONER SOLIS: Yeah, I would support that. Just to
have staff bring back an analysis of whether or not it should apply,
how it should apply? Because I think there was -- my understanding
was is there was some -- I don't want to say disagreement but some
questions raised as to actually how and if and when we should apply
this FAR in situations like this.
So, I mean, if the motion is to tell them -- staff to bring that back
as an agenda item so we can have the discussion about it, I'd support
that, yeah.
COMMISSIONER TAYLOR: Is that something that we can do
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by the next meeting without a problem?
MR. OCHS: No.
CHAIRMAN McDANIEL: Not the next meeting.
COMMISSIONER TAYLOR: Yeah? No? Fall.
CHAIRMAN McDANIEL: September.
COMMISSIONER TAYLOR: Okay. So what happens in the
meantime if we have knocks at our doors for hotels to be built in the
overlay without a --
COMMISSIONER FIALA: We only have one more meeting
anyway, so...
COMMISSIONER TAYLOR: Well, we can get in the process.
COMMISSIONER SOLIS: I don't think there's anything that's
been applied for yet, so it would be a year or so before that even
started, but I don't know that --
COMMISSIONER TAYLOR: I don't know. Where's Mr. Bosi?
COMMISSIONER SOLIS: I haven't heard of any other hotels
being applied for, right?
CHAIRMAN McDANIEL: It's really irrelevant who's applying
or not applying. I mean, we bring this back in the fall.
COMMISSIONER TAYLOR: No, no. It's if there's an
application. We need to make it clear. I mean, we need to make this
very clear.
CHAIRMAN McDANIEL: I think we made it very clear today
by stipulating that the overlay allows for, in certain districts, the
utilization of a hotel without the application of a FAR.
COMMISSIONER TAYLOR: But I'm not sure that that is the
intent, even though I did support and actually made the motion.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: I do think we need to bring
back -- have a staff report so that they can amend the LDC to clearly
stipulate.
June 25, 2019
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COMMISSIONER SAUNDERS: And that's what we've done.
We've directed staff to come back to us. It can't be on July 9th.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: That's way too soon.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER SAUNDERS: It's going to take staff some
time to evaluate that. Plus, we're not going to have time on July 9th.
CHAIRMAN McDANIEL: You're looking for an answer on
something without -- and I can't commit to anything without any
specificity to what's actually being proposed by staff or by you or
anything with regard to that.
COMMISSIONER FIALA: That's how I feel, too. I really need
to have some information.
COMMISSIONER SAUNDERS: Let's move on. Next item.
COMMISSIONER SOLIS: This was a difficult decision.
CHAIRMAN McDANIEL: Let's move -- let's go. Let's go on
to our next. We've got several after 1 o'clocks.
MR. OCHS: Yes, sir. Would you like to take 10 minutes for
your court reporter, and then take the PACE item?
CHAIRMAN McDANIEL: How's Terri doing? You ready?
We'll do 10 -- let's do it 2:30. We'll be back at 2:30.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, please take your seats.
CHAIRMAN McDANIEL: We don't have a quorum, but with
Commissioner Saunders and I, we can get a lot more done, can't we?
No. Can't do anything without a quorum. I'm just trying to clear the
room and get our colleagues back here. We have enough going on
other than taking extra -- oh, here comes Commissioner Solis.
MR. OCHS: Now you have a quorum.
CHAIRMAN McDANIEL: Now we have a quorum. Ah, here
she comes.
June 25, 2019
Page 125
COMMISSIONER FIALA: Are you going to ride me into my
seat here?
CHAIRMAN McDANIEL: Yes, ma'am.
COMMISSIONER FIALA: Okay, I'll take a ride.
Item #9A
FURTHER DISCUSSION OF THE COLLIER COUNTY
PROPERTY ASSESSED CLEAN ENERGY (PACE) CONSUMER
PROTECTION ORDINANCE TO BETTER PROTECT THE
PUBLIC BY PROVIDING ADDITIONAL REQUIREMENTS -
MOTION TO TERMINATE PROGRAM FOR RESIDENTIAL BUT
CONTINUE WITH THE COMMERCIAL AND MULTI-FAMILY
PROGRAM – APPROVED
MR. OCHS: Mr. Chairman, we move to Item 9A. This is a
recommendation to further discuss the adoption of the Collier County
Property Assessed Clean Energy Consumer Protection Ordinance.
COMMISSIONER FIALA: This again.
MR. OCHS: And Mr. French will begin the discussion.
MR. MILLER: Mr. Chairman, I have 11 registered speakers for
this item.
MR. FRENCH: Good afternoon, Commissioners. For the
record, Jamie French, your Deputy Department Head for the Growth
Management Department.
Commissioners, what we've done here today is we've brought
back the ordinance as directed with the recommended changes. I
think that within the ordinance you'll see from each text line being
numbered to the updating of the disclosure form, we believe that
we've identified everything that you discussed and made the
appropriate changes and are here to just make discussion or have
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discussion about it today and answer any questions that you might
have.
MR. OCHS: Mr. Chairman, I'd just remind the Board that
ultimately you have to decide if you want to reinstate this program
and then, if you do, whether you want to adopt this consumer
protection ordinance.
COMMISSIONER SAUNDERS: I think the first step is: Can
we agree on an ordinance? If we can, then we can reinstate the
program. If we can't, then that would be the end of the program.
And, Mr. Chairman, I would suggest that we focus on the ordinance.
And we've heard a tremendous amount of public input, I think,
several times. I'm not sure how much time we need to spend on that,
but we do need to focus on getting the ordinance in its final form, and
if there's three votes, to pass it.
CHAIRMAN McDANIEL: Then we'll hear the public, and then
vote. I'm okay with that. And with that, let's just -- because I've got
suggestions if -- and, in fact, it is our position to go forward with the
ordinance, I've got some suggestions and adjustments to it. Do you
want me to make mine first?
COMMISSIONER FIALA: You're the boss.
CHAIRMAN McDANIEL: You know, that's scary.
On Item 2B, Jamie, on the ordinance itself, Section 2 --
COMMISSIONER SAUNDERS: Could you give us a line
number.
CHAIRMAN McDANIEL: Yes. It would be 89; 89 and 90.
COMMISSIONER FIALA: Eighty-nine and 90.
CHAIRMAN McDANIEL: On the ordinance -- on the
ordinance itself proper.
COMMISSIONER FIALA: The page number or something?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SOLIS: You've got to go back.
June 25, 2019
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COMMISSIONER FIALA: The page number is 46. Oh, on
these little line thingies.
CHAIRMAN McDANIEL: Yes. Are we going to pop that up
on the screen, or do you just want me to make my statements?
MR. OCHS: We'll get it up here on the screen, sir.
CHAIRMAN McDANIEL: Okay. Commissioner Fiala, do you
have a comment or --
COMMISSIONER FIALA: Yeah, a couple questions, as long
as we're not going to go through the rest of it.
CHAIRMAN McDANIEL: We are going to go through the rest
of it. That's what we're doing right now.
COMMISSIONER FIALA: Oh. I was just going to ask -- first
of all, it says under Item No. 1, qualifying improvements. It talks
about all disputes and complaints shall be investigated, and I asked
you this in the office yesterday, Jamie, but I think I ought to ask for
the audience as well. Investigated by whom?
MR. FRENCH: Commissioner, what this discusses, that there's
a set -- those standards are set by the PACE provider.
CHAIRMAN McDANIEL: Can I -- can I ask you to hold off on
that? Because I was in the process of making some adjustments, and
I'd like to stay on task with that first.
COMMISSIONER FIALA: Yeah.
CHAIRMAN McDANIEL: If you don't mind.
COMMISSIONER FIALA: I didn't have to say anything then.
CHAIRMAN McDANIEL: No, no. I thought you had a general
comment. I didn't realize you were going specifically to the
ordinance.
COMMISSIONER FIALA: Yes.
CHAIRMAN McDANIEL: So on 89 and 90, the issue -- and it's
actually on Line 90. The transparent customer feedback and
complaint process with quick response and resolution by both
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contractor and the PACE provider. This ordinance is, per my
understanding, to be managing PACE providers, not the contractors,
and we're stipulating that contractors have to be part of a process
that's determined to be a quick response feedback, and I'd suggest
that we strike through the language that says "by both the contractor
and the PACE provider." Just leave it be. Resolution by the -- by the
PACE provider.
COMMISSIONER SAUNDERS: I have no issues with that.
COMMISSIONER SOLIS: No.
CHAIRMAN McDANIEL: Okay. And then on -- and on 3A, I
would suggest --
COMMISSIONER SAUNDERS: Are you on line --
CHAIRMAN McDANIEL: I'm on Line 105; 104 and 105.
And, again, I didn't go to those -- when I was making my notes, I was
doing it up in the section. I didn't do it on this. But one of two
things: Either leave it alone -- but I really -- I don't like -- it's almost
misleading to me. I would put a period at the end of "PACE
assessment" and take away the "if obtainable" and ensure that the
mortgage holder or provider has consented to this escrow.
From my understanding these consents are virtually impossible
to achieve. So if we just put period at the end, that requires them to
send notice of the PACE agreement to the lender. But we're not
misconstruing or misleading anyone with the "if obtainable"
language.
COMMISSIONER SAUNDERS: I have no issues with that.
COMMISSIONER SOLIS: That's all required by the statute.
CHAIRMAN McDANIEL: It is, as well.
And then on 3B, I would like to tighten the language up there
with regard to this -- I think this is the one that has that the disclosure
must be submitted. I would rather that this disclosure be submitted --
obtained and submitted by the PACE provider and not have anything
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to do with the contractor again.
COMMISSIONER SOLIS: What line are you on? I'm sorry.
CHAIRMAN McDANIEL: I'm on 1 -- it starts on 108 and goes
clear down through 112. It was brought to my attention -- because
this stipulates that the PACE customer disclosure document has to be
signed in the presence of a notary. And the circumstances avail that a
general contractor could be a notary and so, therefore, then the
contractor could be -- one of the issues we're having is predatory
contracting circumstances.
So a contractor could be a notary, could sign in front of the
customer. I would rather that the PACE provider be the one to
supply that disclosure document as opposed to it being or allowed to
be by a contractor.
COMMISSIONER SOLIS: It's going to require them to have,
like, staff going out to --
CHAIRMAN McDANIEL: Well, the PACE -- I mean, the
disclosure could be given by the contractor, the borrower or the user
of PACE has to sign it in the presence of a notary but not necessarily
the contractor. I just -- I was --
COMMISSIONER SOLIS: What if we just put a notary other
than the contractor or something like that so that it's two different
people?
CHAIRMAN McDANIEL: What's your thoughts, Jamie? You
see where I'm going -- I mean, you see where I'm going with this?
MR. FRENCH: I do. And, Commissioner, it only leads staff to
a question. Right now our understanding is that you become a
qualified PACE contractor, meaning that, yeah, you don't regulate my
license or my business practice, but I have to qualify for your
company in order to be able to do business with your company as the
financer of this job.
So our understanding is that it's the contractor that would be –
June 25, 2019
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other than making the introduction to the lender, the contractor is
involved with that transaction either by introduction or perhaps
handing them the iPad or handing them some sort of form to
acknowledge or to sign that, yes, we want to move forward with this
PACE transaction. So, I would only fall back on what the state talks
about with the notice of commencement.
So the contractor can, in fact, if they're listed -- if they've got
someone in their office, they can use another person as a notary.
CHAIRMAN McDANIEL: Right.
MR. FRENCH: But in most cases the contractor and the
resident or the property owner do not sign the same form, or the
contractor or the owner would initial "yes, it's me" or the contractor
saying "yes, it's you" so there would be a third-party notary involved.
So we would treat that the same way.
CHAIRMAN McDANIEL: Commissioner Saunders, did you
have a comment on that?
COMMISSIONER SAUNDERS: Yeah. I don't know that --
that I would have any problems with the way it's currently worded.
We're trying to protect the consumer --
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SAUNDERS: -- and making sure that the
consumer signs this.
CHAIRMAN McDANIEL: My whole rationale was trying to
get -- my note that I have up here is trying to segregate the contractor
from this ordinance with this disclosure form.
COMMISSIONER SAUNDERS: On Line 111 and Line 112,
would you want to strike the three words that -- or strike the word
"contractor" and just say that the -- "shall be submitted to Collier
County by the owner/builder"?
CHAIRMAN McDANIEL: Owner or the PACE provider. I
mean --
June 25, 2019
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COMMISSIONER TAYLOR: They don't come out and -- I
mean, it's all done online.
MR. FRENCH: I apologize.
CHAIRMAN McDANIEL: There's no sorries. This is an open
discussion here. We're trying to get through this.
MR. FRENCH: And we had a great deal of discussion with this
at the last meeting. By the contractor or the owner/builder, that is the
person pulling the permit that's qualifying for the permit. So if you're
going to only refer to owner/builder, it would only be for
owner/builder permits by state statute under 553 or 49.
COMMISSIONER SAUNDERS: You would recommend
leaving it the way it is?
MR. FRENCH: Sir, the only direction that we received -- not to
go back five other meetings, but the only direction that we received
was to make sure that there's language in there that says staff doesn't
review or approve and that this is not a Collier County administered
program.
CHAIRMAN McDANIEL: Okay.
MR. FRENCH: And so we've left it consistent with that order.
COMMISSIONER SAUNDERS: Okay. Leave it.
CHAIRMAN McDANIEL: Okay. There again, these were just
my suggestions.
MR. FRENCH: We'd recommend leaving it.
CHAIRMAN McDANIEL: Again, I'm not stomping my feet. I
just was -- I was trying to segregate the PACE providers away from
the contractors in this ordinance, so...
MR. FRENCH: And typically, sir, the person that's coming to
sell you the job is not the qualifier. They're a salesperson for the
company, for the contractor, representing the contractor, probably
fully aware of the different funding options.
CHAIRMAN McDANIEL: Okay. On 3D, this is Line 117 and
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'18, 118. I wanted to have some discussion about where this
4 percent came from.
MR. FRENCH: So that language -- and we spoke about -- that
language came already adopted through Broward County. When I
initially brought it to you, we had looked at the -- a 5 percent versus
the 4. But the Board's direction was to go back to what's already
been adopted in other communities. So that's where that 4 percent
came from, and we believe, if memory serves me correct, sir, Pasco is
at 4 percent as well.
CHAIRMAN McDANIEL: Okay. And then last but not least,
down on the bottom -- and I have to get to the line number. And it
has to do with the penalties for the violation. I had issues with those
penalties in the line items in and around 144, 145, 146.
I don't know about the legalities of the removal of a signed
indebtedness. That's moving us over into a -- I would think, us into a
civil process. If someone has -- if a PACE provider has created that
egregious of an offense with a borrower, I don't think any ordinance
would allow us to disavow a signed purchase agreement.
COMMISSIONER TAYLOR: May I respond to that?
CHAIRMAN McDANIEL: County attorney can.
MR. KLATZKOW: You know, one of the ideas underlined in
this ordinance is you don't want to be their collection agency, really.
CHAIRMAN McDANIEL: One of the -- I wouldn't concur with
that, but please --
MR. KLATZKOW: If they're in violation, you don't want to be
their continuing collection agency. So somebody defrauds
somebody, throws a lien on their house, all right, I don't think
anybody in this room wants to be a party to them losing their house,
you know, because of that.
CHAIRMAN McDANIEL: That's not the intent. The question
was, from a legal standpoint, can we by ordinance unwind a finance
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agreement?
MR. KLATZKOW: We're not unwinding the finance
agreement. What we're saying is we're going to take it off of the
TRIM notice going forward.
CHAIRMAN McDANIEL: Well, that's a security instrument
for an already signed finance --
MR. KLATZKOW: It's not a security instrument, okay. It's
their mechanism to get payment; I'll give you that one.
(Baby crying.)
MR. KLATZKOW: Okay. But -- that's cute.
COMMISSIONER SAUNDERS: I thought that was a PACE
provider for a second there.
CHAIRMAN McDANIEL: Yes.
MR. KLATZKOW: Or one of their customers.
That was -- that's the intent, Commissioner, all right. If somebody's
going to get defrauded, we're not going to be a party to that.
MR. FRENCH: Commissioner, if I might. So you were
provided testimony from Larry Ray, the Tax Collector, at the last
meeting. And what Mr. Ray identified is that once it hits the TRIM
notice, he can't remove it. But in an ongoing basis, he would go
back, and he would look at his agreement. And we've had -- staff has
had --
CHAIRMAN McDANIEL: I understand all that. I got all that.
MR. FRENCH: So what this does, it puts you in a position to
request -- not to order, but to request to the Tax Collector in an
ongoing basis, if the violation is so egregious, that the Board would
request that it be removed for future collection. And, again, that falls
back on Mr. Ray.
COMMISSIONER SOLIS: Could I ask -- actually, we have to
certify the tax roll, right? It comes to us. We certify it. We send it to
the Tax Collector. Is that -- am I remembering that properly? So do
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you have the ability to take that off?
MR. OCHS: No. He -- the Tax Collector certifies.
COMMISSIONER SOLIS: He sends it to us, and then we
certify -- we adopt it.
MR. OCHS: Yeah, we just -- we send him the millage. He
certifies the roll.
COMMISSIONER SOLIS: We send him the millage.
MR. OCHS: Issues the TRIM notice.
COMMISSIONER SOLIS: Sorry.
COMMISSIONER SAUNDERS: It's really just an opportunity,
as the County Attorney said, to request it. It's not a --
CHAIRMAN McDANIEL: And, again, it's not something -- it's
not something that I'm stomping my feet about. I felt this ordinance
was moving us off over into a legal process where we had the right or
by ordinance we're removing a finance securitization for a finance
agreement.
MR. KLATZKOW: Commissioner, if you remove the
assessment, they're in the same position as every other lender, okay.
What makes this program so unusual is that they're the sole entity out
there that -- or the sole industry out there that's been given the ability
to collect their debt through taxes.
CHAIRMAN McDANIEL: Via special assessment.
MR. KLATZKOW: And so they don't lose a thing that anybody
else had. So if you went out and got a regular home improvement
loan, there would be the loan. It would be recorded.
CHAIRMAN McDANIEL: So the bottom line is, it would --
COMMISSIONER FIALA: You should let him finish so that
the audience knows what he's trying to say. Excuse me. I'm sorry. I
would like to hear what he has to say.
CHAIRMAN McDANIEL: All right.
COMMISSIONER FIALA: I'm sorry.
June 25, 2019
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MR. KLATZKOW: You're just putting them back in the same
position as everybody else enjoys as far as collecting their debt.
CHAIRMAN McDANIEL: The finance agreement's still in
place. We're just taking it off the TRIM notice.
MR. KLATZKOW: Yes.
CHAIRMAN McDANIEL: Asking for it to be taken off the
TRIM notice.
COMMISSIONER SAUNDERS: Yes.
CHAIRMAN McDANIEL: Okay. Commissioner Fiala, it's
now your turn. Forgive me.
COMMISSIONER FIALA: First of all, you hit one of the
subjects, and that is, it says that this will require the property owner
to sign a PACE customer disclosure document in the presence of a
notary. And who's the notary? It's probably somebody that works for
the company, so it's -- it's not like it's -- it is somebody that works for
the company, right? Okay. That's what I -- they're nodding "yes,"
the company people are nodding "yes."
MR. FRENCH: Probably the salesman, ma'am.
COMMISSIONER FIALA: The second thing is, of course, all
disputes and complaints shall be investigated. Probably by the
company, right? Not by us, right?
So it's interesting that we're not -- we're supposed to be here now
deliberating how we can best make sure that nothing happens to the
people in our community again with some of the things that have
been happening to the people involved in this PACE program before.
But that doesn't solve anything, because these two things don't help
us at all.
The other thing is -- and I've made this statement. I've made it at
every meeting actually. So I'll just make it one more time, and that is
the government does not belong in -- the government has no part or
should not have any part in supporting a for-profit business and
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actually providing the vehicle to collect the money for them. And I
just think that is so wrong. And I wonder when some other for-profit
company will come in and come up with another scheme just like this
one. The lady was pretty smart. And when people get hurt, who do
they blame? They don't blame the provider. They blame the people
who supported it, because we're supposed to be trustworthy and take
care of them. So that's -- as you can see, that's how my vote goes.
CHAIRMAN McDANIEL: Yes, ma'am.
Commissioner Taylor.
COMMISSIONER TAYLOR: I'm going to reserve my remarks
for a little bit later, please.
CHAIRMAN McDANIEL: Hit your button again when you're
ready then.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Going back to this issue that we just
talked about -- and I think I remember exactly what Mr. Ray said. He
gets -- like he gets the tax roll -- or the information, he gets a list of
the assessments that will be on the tax -- the TRIM notice from the
PACE providers. So I think what it needs to say is that we will -- we
can direct the PACE providers not to include that in the list that goes
to the Tax Collector.
CHAIRMAN McDANIEL: For the ones that have -- for the
penalty?
COMMISSIONER SOLIS: Right. I think that's what the Tax
Collector said is that he -- whatever he gets, he puts it on the tax
notice, so maybe we could --
CHAIRMAN McDANIEL: It's an ask. No matter which way
we go --
COMMISSIONER SOLIS: Yeah.
CHAIRMAN McDANIEL: -- it's an ask. He doesn't have to do
June 25, 2019
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anything.
COMMISSIONER SOLIS: But I think he said he didn't care
what went on there. He just needs to know what goes on and what
doesn't go on there. And so I think it would be directing the PACE
providers to remove it from the next year's roll or whatever they send
to the Tax Collector in terms of the assessments. Am I wrong about
that?
MR. KLATZKOW: No. We can change the language to make
it more expansive to include the PACE provider.
COMMISSIONER SAUNDERS: Can we change the language right
now so that this never has to come back to us?
MR. KLATZKOW: God, yes.
COMMISSIONER SAUNDERS: Can you work on that
language?
MR. KLATZKOW: Yes.
CHAIRMAN McDANIEL: In between now and when we vote?
MR. KLATZKOW: Yes. Jamie just had --
COMMISSIONER SOLIS: I think we -- can we not just take
out "Tax Collector" and say "PACE provider"?
MR. KLATZKOW: May request the PACE provider and/or the
County Tax Collector.
COMMISSIONER SAUNDERS: Sounds good.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: So we're just adding an and/or.
Commissioner Taylor.
COMMISSIONER TAYLOR: Just asking my colleagues up
here, what was your understanding about our motion, I believe it was
the meeting of May 28th, that at this point all work would be
suspended by PACE providers until such time as we -- as we are
coming -- which is what we're trying to do is figure this thing out. Is
that your understanding?
June 25, 2019
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COMMISSIONER SAUNDERS: No, not at all. The motion
was to terminate the PACE program and to advise the PACE
providers of the 90-day termination notice. That contract provides
that any applications that are already received and are in process can
be completed, but they couldn't take new applications.
So it wasn't a suspension of any activities. It was simply notice
that termination would occur after the 90 days' notice and that no new
applications could be accepted during that 90-day termination period.
COMMISSIONER TAYLOR: Okay. So one of the things
that -- and I think we're going to hear testimony that they're busy at
work even now knocking on doors -- is -- and so sure they are, that
this Commission is going to approve this PACE ordinance or a PACE
ordinance.
I received this from the Clerk's Office because I was concerned
about what was really going on, and according to this document --
and I can put it up here on the visualizer. And this just came in
yesterday -- there have been applications pulled for work post May
the 28th which means there hasn't been a suspension or a termination
of the contracts. And, as you can see, there's more than one. And so
I'd like to understand from my colleagues who support this program,
is this something that you would agree to?
CHAIRMAN McDANIEL: Well, I don't -- I don't see that this
is -- I don't see that this is a violation of anything that we've already
voted on. These are permit applications, permit approvals. And my
understanding -- and somebody -- Commissioner Saunders or County
Attorney, somebody explained this to me that we voted -- it was
voted by this board to discontinue it or serve notice, and that's a
90-day discontinuance of new business, correct?
MR. KLATZKOW: It's about the application period.
CHAIRMAN McDANIEL: The application period.
MR. KLATZKOW: Everything after the application period
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could finalize.
CHAIRMAN McDANIEL: Correct. These are all permit
applications for work on applications --
MR. KLATZKOW: Which is post application.
CHAIRMAN McDANIEL: Which is applications that are
already done. This is actual construction work for PACE finance
agreements that were already in place. Virtually irrelevant to what
we already voted on.
COMMISSIONER TAYLOR: So these would be considered
work in the hopper, so to speak?
CHAIRMAN McDANIEL: Work in the hopper? Already
completed PACE programs --
COMMISSIONER TAYLOR: I'm not sure --
CHAIRMAN McDANIEL: -- that are already in the process
of --
COMMISSIONER TAYLOR: Do they not have to apply for a
permit before they work?
CHAIRMAN McDANIEL: Yes. Here comes Mr. French. He's
going to answer a question.
MR. FRENCH: No, sir.
CHAIRMAN McDANIEL: Where are you going with this?
MR. FRENCH: If they've already engaged in conversation and
entered into some sort of agreement contract and they were to -- they
did that prior to the day of the Board --
COMMISSIONER TAYLOR: Twenty-eighth.
MR. FRENCH: -- putting the PACE program to rest, any work
that they've -- and Devesh and I spoke about this. We actually ran
into each other in Orlando at the ULI conference, and he asked me
that question. And no, once that -- if that transaction has already
taken place, they have 90 days to complete that transaction. It's not
new business. It's just business that's not quite been finished up yet.
June 25, 2019
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COMMISSIONER TAYLOR: All right. Thank you. That was
my question.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yeah. Now I've forgotten what I
was going to say.
CHAIRMAN McDANIEL: That happens to me all the time.
Commissioner Saunders, I saw you getting ready.
COMMISSIONER SAUNDERS: No. I was just going to say,
can we complete the ordinance and see where we're going to be with
that.
CHAIRMAN McDANIEL: Do you have any comments on the
ordinance itself proper?
COMMISSIONER SAUNDERS: I have none.
CHAIRMAN McDANIEL: Commissioner Solis?
COMMISSIONER SOLIS: No.
CHAIRMAN McDANIEL: Other than those suggestions that I
brought forward, I have no more.
So I think we should go to public speakers, and then we'll vote
on the ordinance or not.
COMMISSIONER SAUNDERS: Could I suggest that we go
to -- if there are any other speakers that are going to speak directly to
language in the ordinance, let's deal with the ordinance.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: Because I suspect that there
are going to be some folks -- some PACE providers that are going to
probably recommend some changes. We may accept them; we may
not. But if we can get through the ordinance, then we can go to the
next step.
CHAIRMAN McDANIEL: Okay. And I don't know how
necessarily we're going to segregate the public speakers other than --
COMMISSIONER SAUNDERS: Just ask for PACE providers
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that have comments on the ordinance and only on the ordinance, not
on whether it's a good program, a bad program. Let's see if we can
do --
CHAIRMAN McDANIEL: I agree with that. I mean, we could
necessarily just take them in order or when he calls them, and then --
COMMISSIONER SAUNDERS: It's just going to be so
confusing to be jumping around. I think the --
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: I'm just suggesting that the
best thing to do would be to finish the wordsmithing on this
ordinance --
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: -- which may only take
another 10 minutes, and then we can decide whether or not to
approve an ordinance, we can decide whether to even keep the
programs in place.
CHAIRMAN McDANIEL: Gotcha. That's a fine way to go. I
certainly -- it's a way to go. So let's --
MR. MILLER: I think I can segregate out the Ygrene providers,
as we've heard from these people before.
CHAIRMAN McDANIEL: It's not just Ygrene. It's PACE at
large. If we could ask the PACE providers that have specific
language attributable or comments attributable to the language in the
ordinance, for them to go first, and those that want to speak in favor
of or opposition of the ordinance at large, we'll wait for them to be
last.
MR. MILLER: Like I said, I think I've got these to PACE
providers. I'll attempt to call them first. Matt Gotha.
CHAIRMAN McDANIEL: Before you go there, Larry, do you
want to speak to us, or you just here to answer questions if I have
any?
June 25, 2019
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COMMISSIONER SOLIS: I think we took care of it.
MR. RAY: I think we did. You came close.
COMMISSIONER SOLIS: Okay.
MR. RAY: You were close, but I left my office because it takes
me -- I can't transport in the air. I had to get over here.
It's not a TRIM notice. TRIM notice, bad, bad, bad deal. Truth in
millage, different thing. It goes out on the tax notice. I send the tax
notice out.
The PACE providers, once you approve them, and they're
working -- they're just like any other CDD or MSTU or whatever. So
they're the ones that send me the stuff. So they're going to send me
their assessments on the loans they have, just like Pelican Marsh
sends me assessments and the other people do.
You were talking about what would happen if you had a bad
player. Perhaps what would happen if you had a bad player, you
would tell them, Mr. Ygrene, or Mr. Whoever, do not send that on
anymore. Then let me know, and we could look for it. And then I
suppose if they were repeat offenders, y'all would have a way to
figure that out. But if I get it from them on a tax roll certified to me,
it's going to go on a tax roll, and then it's there.
CHAIRMAN McDANIEL: Correct.
MR. RAY: It is there then --
CHAIRMAN McDANIEL: We understand.
MR. RAY: -- forever more.
COMMISSIONER FIALA: Folks, this is the Tax Collector, by
the way, Larry Ray, just in case you didn't know who was standing
there.
CHAIRMAN McDANIEL: We all voted for him.
MR. RAY: Yeah, I hear that all the time. Okay?
CHAIRMAN McDANIEL: Yes, sir.
MR. RAY: All right.
June 25, 2019
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CHAIRMAN McDANIEL: Appreciate it.
MR. MILLER: All right. Like I said, if you're not a PACE
provider, please let me know as I call your name. Matt Gotha. He
will be followed by Mike Lemyre.
CHAIRMAN McDANIEL: Mike, if you want to go to the other
podium.
MR. GOTHA: All right. Thank you, Mr. Chair,
Commissioners, staff.
First of all, I'd like to thank you guys for all the time and
resources that you've put into this trying to make it the best ordinance
as it can be.
As we indicated, Renew -- I'm sorry. My name's Matthew
Gotha on behalf of Renew Financial.
And as we indicated in a letter that we sent to you guys a few
weeks ago, we are still committed to working with you and staff to
develop a residential PACE ordinance that's best for Collier County.
Renew wants to be a partner with the county in offering services to
the residents of Collier County. We have financed a modest amount
of projects and have had zero complaints on all of the projects we
have financed.
We do have some concerns with the current proposed ordinance
and its workability. I think it's also important to note here that we as
Renew Financial have been left out of all staff-level conversations.
There have been conference calls, multiple conference calls with
Mr. French and staff level, and all of the other PACE providers have
been included, and we have been excluded for whatever reason. I
don't know -- I don't believe that it was intentional.
But we emailed staff letting them know what we been -- that we
had not been included. Kate from Ygrene also emailed letting them
know that we had been excluded, and we were never included. So
we actually never got to give our input on the ordinance itself.
June 25, 2019
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COMMISSIONER SAUNDERS: We're giving you an
opportunity now, but you're wasting your time.
MR. GOTHA: I'm getting --
COMMISSIONER SAUNDERS: You've got about a minute
left.
MR. GOTHA: I'm getting to it. So with -- on Item 3E, for the
qualifying improvement list, we have issues -- specific issues with
this. A couple.
It's another provider and competitor's list, and we don't feel that
we should be subject to another competitor's due diligence; number
two, the list is from 2017; and number three, the list is California
specific. It does not include wind-resistant improvements, and it also
includes water-efficiency measures which are not allowed under the
Florida PACE statute.
The resolution that we believe can be -- could best fix this is
what the Pinellas language says, which is the PACE local
government -- the PACE local government shall establish an
eligible-measures list that identifies the types and specifications of
qualified improvements using efficiency standards for materials
installation established by the U.S. Department of Energy,
Environmental Protection Agency, or Florida agencies as applicable.
The eligible measures -- eligible-measures list shall be regularly
updated and made publically available.
That specifically, in an interest of time -- we have some others,
but I know the other PACE providers will touch on those, but that
specifically is definitely an issue that we have.
CHAIRMAN McDANIEL: Thank you, sir.
MR. MILLER: Your next speaker is Mike Lemyre. He's been
ceded addition time from Kate Wesner, who is here, and from Ben
Taube. Ben, can you raise your hand?
(Raises hand.)
June 25, 2019
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MR. MILLER: I'm sorry. I didn't see you over there. He'll
have a total of nine minutes, and he'll be followed by Devesh Nirmal.
MR. LEMYRE: Good afternoon. My name is Mike Lemyre,
Senior Vice President of Ygrene Energy Fund. Thank you,
Mr. Chairman and Commissioners, for yet more time on this ongoing
discussion. And I want to just restate and appreciate -- recognize
your commitment to strengthen the consumer protections in the
county and -- as well as keeping it accessible to all residents of
Collier County. And as we previously stated, dedicated to partnering
in that process.
I have just two slides and really two issues. The slide you have
in front of you has all of the items in which we have input requests or
recommendations. The -- below the line are items of either cleanup
or compliance with state law.
I know, Chair McDaniel, you've addressed a couple of them
already, so I'm not going to spend the time focusing there. But
there -- we do strongly recommend some edits or amendments to
those sections as well for those reasons stated.
The two that I want to focus on is the disclosure form and
process and affordability test. Now, Chair McDaniel, you've already
addressed the disclosure form and process but with two modifications
or recommendations I'd submit for your approval.
So, number one, this is absolutely critical that we deal with this
to address the issue that's already been stated. I believe it's the
overriding intent of this -- of the commission is to truly protect the
consumer and separate out any conflict of interest particularly as it
pertains to contractors and their ability to act in their interest and not
the homeowners'. And so, thank you for putting -- you know, putting
the focus on this piece.
For the sake of efficiencies, which effectively lowers costs and
improves service levels for your constituents, we would recommend
June 25, 2019
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adopting a very similar form that is used in nearby Pasco County that
would be seamless for us to implement that is not -- to use somebody
else's phrase you said earlier, a Hilary Dionne (sic), but it's a strong
recommendation because it's already in place, and it can be
implemented. Contractors, homeowners are already aware of it. So
that is one recommendation.
But the more critical point on this one is Line 109 in Section 3,
Item 3A -- I'm sorry -- Item 3B where it says, the presence of notary,
I would either strike "notary" and add "IDV" or "individual
identification" or add "identification," and the reason for that is that
according to the national institute of standards and testing, or
technology, traditional verification methods, including notaries, are
no longer recommended. They are not considered secure.
IDV, driven -- delivered by credit bureaus is the state of the art
in identifying or confirming the identity of someone who is signing it.
So not only does this allow us to provide a more -- a streamlined and
time-efficient process for the homeowners, it would take it out of the
hands of the contractor, and it would put in place -- it would at least
give us the option if you add identification verification to that
standard for delivering the state of the art in verification and
consumer protection. So that is on Item 3B within Section 3.
The second item is Item 3D in the same section, and this starts
on Line 117. And the current limit for the payment to income
threshold, the 4 percent income test, would deny a large group of
consumers access to PACE financing. This group has an
exceptionally high repayment rate of 98.9 percent and a 100 percent
cure rate, meaning there are zero defaults in this group.
So, basically, Mr. Miller, could you -- or do I have control of this?
MR. MILLER: Yes.
MR. LEMYRE: What we're recommending here is a not to
exceed 10 percent of PTI. And as this analysis of 12,000 projects
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throughout the state indicates, the blue bars you're seeing are the
on-time payment rate of the group of homeowners that have used
PACE financing in Florida, and along the bottom they're broken out
by the payment to income rate of their -- of that -- those particular
homeowners.
So it starts at 1 percent, 2 percent goes to 10, and then 10 to 15
and above. And what the red line indicates is where we start to see
delinquencies or -- not defaults. There are zero default. But
delinquents on paying the taxes.
Interestingly, people with even the 9 to 10 percent PTI pay their
taxes 100 percent of the time in this group, a statistically significant
sample of 12,000 homeowners.
So to balance access with consumer protection and access to
credit, we're recommending, based on the data that was not
previously available at other meetings -- this is -- Commissioner Solis
asked for us to provide more data at a previous meeting. We
expedited a project that we -- had already been underway internally,
and produced this now.
What this shows, again, is far lower than the mortgage
delinquency rate of 3.5 percent in this state. The overall tax
delinquency of 1.16, the break point is after 10 percent.
So we're trying to inject -- what we're doing here is injecting a
significant amount of data to support a particular number as opposed
to pulling a number, 4 percent -- and with all due respect to staff in
Broward County, who we've worked with in the past -- that number
was pulled out of the air unrelated to PACE, unrelated program.
So in order to not propagate -- and it was done at a time when
PACE did not collect all of this data. So this is an advantage that you
have in doing this analysis and coming to whatever conclusions you
come to.
But, again, feel very strongly that we wouldn't want to deny
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families, in this case over 1,700 families, that -- the financing to
make wind-hardening or storm-hardening improvements. Those
families on average in the state save over $2,500 a year on their
insurance premiums that -- if we set the limit at 4 percent, we would
exclude them from the financing from which they will save over
$4 million over the lifetime of the -- useful life of the project. So that
is the -- you know, the support for that request and your consideration
on Item 3D.
COMMISSIONER SOLIS: You wanted the percentage to be
exactly what now?
CHAIRMAN McDANIEL: Ten.
MR. LEMYRE: To not to exceed 10.
COMMISSIONER SOLIS: Not to exceed 10.
MR. LEMYRE: Is the recommendation.
Specifically, if we put it at 4, we're excluding 1,741
homeowners from access to save 32 delinquencies which then fully
pay. So, again, still that group has zero defaults. So from that
balance standpoint, that's the analysis.
So, again, there are other items below the line that we think are
important to consider. Mr. Gotha mentioned the eligible-measures
list referring to an independent third party such as the Department of
Energy would be more applicable in our opinion. There are other
items I'm willing to address or answer questions on, but that is -- that
concludes our presentation, Mr. Chair.
CHAIRMAN McDANIEL: Specifically down on the bottom --
Commissioner Taylor, I'm sorry.
COMMISSIONER TAYLOR: No, no. Go ahead.
CHAIRMAN McDANIEL: Specifically down on the bottom
under cleanup compliance with state law, those items down below,
Mr. Klatzkow, are those items that are things we can make
adjustments to, or do we need to address those individually?
June 25, 2019
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COMMISSIONER TAYLOR: I think so.
MR. LEMYRE: Specifically, Mr. Klatzkow, 3 --
MR. KLATZKOW: This is just so tiresome because it's like
every week we're going through this now, and every time they come
back with more changes. I don't think it means a hill of beans one
way or the other what they're asking for.
CHAIRMAN McDANIEL: So in the absence of these
adjustments, you feel that we are going to be in compliance with the
state law that allows for PACE financing?
MR. KLATZKOW: Yeah, I do.
CHAIRMAN McDANIEL: Okay. Okay. That's what I'm
asking.
MR. KLATZKOW: I do.
COMMISSIONER SAUNDERS: Okay.
MR. MILLER: Are we ready for our next speaker,
Mr. Chairman?
CHAIRMAN McDANIEL: Yes.
MR. MILLER: Your next speaker is Devesh Nirmul. He will
be followed by Ryan Burtkus.
MR. NIRMUL: Good afternoon, Commissioners. Good to see
you again. Hopefully we can close this process off. Devesh Nirmul
representing the Florida PACE Funding Agency.
I'd like to just make one quick statement about the legislative
intent of the statute and why I always try to say we represent the
PACE district.
I just made a presentation to a board of your peers which is on
our board of our special financing district, who has every intent to see
PACE thrive, to address the compelling public purpose behind the
statute.
I'll remind you -- and you've seen the examples given by my
colleagues of the impacts on insurance premiums on keeping
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properties resistant and reducing energy consumption.
To that extent, I think it's very concerning when something
happens that takes away from the ability for it to perform effectively,
for PACE to perform.
I think there's been a discussion around what is the requirement
as a lender for us around contractor management versus what
contractors need to comply with verse -- via state law.
And that's -- my comments are only going to be -- I agree with a
lot of the other concerns, but I will stick to the comments around the
certificate of completion.
When we try to call for permits and require that and have a
certificate of completion signed off with the customer, the idea is to
preserve the spirit of the statute, that indeed the right kind of product
has been installed, and we follow up with customer service. We have
dispute resolution.
So we think that the idea of having us to be held responsible for
the certificate of completion is bringing on a contractor liability,
responsibility, accountability onto us as the special financing district,
the lender, and that, you know, we have these measures in place to
control -- to influence contractors. If nothing gets completed the way
it should, we have the ability to take that contractor out of our
qualified list of contractors and solve the problem.
Yes.
COMMISSIONER SOLIS: Just a quick question. But what
provision of the ordinance --
MR. NIRMUL: I'm sorry. This is 3F.
COMMISSIONER SOLIS: Yeah. But the question is -- and I
think I brought this up, too -- who's deciding whether or not it's been
completed? And I'll just tell you, I mean -- and I think I've said this
before, from my perspective, that has to be the county, because that's
the consumer protection. It has -- the owner is not going to know
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whether it's installed properly, whether they're in code violations or
anything. So I'm just telling you from my perspective that's got to be
in there.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SOLIS: It has to be the county, because
that's, for me, the most consumer protection. We can talk about all
this other stuff -- that's the protection that the contracted-for
improvements have been done properly and are completed.
MR. NIRMUL: And to the extent -- as a lender, our
responsibility on that versus let's say a bank loan on the COC. So if
we're being required to make sure that we -- we cannot do an
assessment, according to the latest version of the ordinance, until a
COC is completed.
COMMISSIONER SOLIS: By the county.
MR. NIRMUL: By the county. Does it happen with a HELOC
or other types of conventional loans in the marketplace?
COMMISSIONER SOLIS: Oh, sure it does. The banks will not
release the retainage --
MR. NIRMUL: Commercial, I get it. I'm thinking of a
residential type of HVAC replacement.
COMMISSIONER SOLIS: I mean, my -- not when I built my
house.
CHAIRMAN McDANIEL: My understanding on residential is
you've got a series of inspections and releases that come with fill and
subsurface, and then the whole way up to the shingles on top and
inspections that come along with --
MR. NIRMUL: And we encourage that.
CHAIRMAN McDANIEL: And that's what this -- our -- my
interpretation of that 3F is, is that the county issues the permits and
the inspections for those approvals.
MR. NIRMUL: So the one other issue, if we have to place the
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assessments, what happens with this is we're not able to provide
disclosure on capitalized interest effectively if we don't know the date
when the assessment's going to take place.
So as long as -- I mean, if COC falls -- if it happens within a
period that is reasonable, but it could be that there could be a buildup
of capitalized interest if we go into the next tax season. So that's why
this is -- it's complicated.
COMMISSIONER SOLIS: I mean, that's your business issue,
correct?
MR. NIRMUL: It is. If it's part of disclosure, then it becomes
an issue of also, you know, what do we actually tell the customer,
so...
COMMISSIONER SOLIS: Tell the customer?
MR. NIRMUL: On what would be the capitalized interest based
on --
COMMISSIONER SOLIS: I mean, I think I've been pretty clear.
From my perspective, the final sign-off that the project has been
complete has to be from the county.
MR. NIRMUL: Okay. Thank you. I just want to preserve the
separation of our liability versus contractor liability. That was my
main -- larger point. Thank you so much.
MR. MILLER: Your next speaker is Ryan Bartkus, and I
believe the only other four speakers I have are just residents. I don't
think they're with PACE providers. If one of them are, I'm sure
they'll let me know.
MR. BARTKUS: Good afternoon. I'm Ryan Bartkus with the
Florida Development Finance Corporation. We're the administrator
for FRED district, which has Renovate America and PACE Funding
Group underneath our umbrella.
I just wanted to add on what Commissioner Solis was saying
with the completion certificate. We completely understand that it
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would be the county signing off on that. I think, you know, we're just
looking for what timing would be. I wasn't here for the last meeting;
was unable to make it. When the paperwork is in, is that a 48-hour
turn period? I mean, how would that work? Go ahead.
COMMISSIONER SOLIS: I will speak for our staff.
CHAIRMAN McDANIEL: He's standing --
COMMISSIONER SOLIS: They're very efficient, and it'll --
and I'll just say it'll be what it'll be. How's that? Right, Jamie?
MR. FRENCH: You just gave me 10 new inspectors, sir.
COMMISSIONER SOLIS: Right. Thank you.
CHAIRMAN McDANIEL: So it will be quicker.
MR. BARTKUS: Okay. Well, I mean, I appreciate that. I'm
just looking from our operational side and how that would work,
right?
And so I don't want to take up more of your time because I think
we talked about most of this. But the removal of the asset --
assessment, excuse me. I understand -- I think that's a legal question
you guys need to work through.
My only concern would be is if it starts out as an assessment and
then we change it over to some sort of bill, if it's monthly or yearly,
are we confusing that property owner even more in this process?
You know, I mean, if it's a scenario where the code enforcement
decides that it was an issue that we need to handle, I would like it to
be something where you guys allow us to come and work through the
Code Enforcement panel to make sure we can resolve that first before
there's an assessment being removed. I just think that's going to
create many problems.
I agree also with the -- with the income, the ability to pay. I
think right now we're waiting for the CFPB to come back with their
recommendation, but in that meantime I think the industry would be
somewhere in that 8 to 10 percent range. And then, again, this PACE
June 25, 2019
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funding qualifying improvement list, as Matt had indicated, we
would like to have a third party have that kind of laid out as far as,
like, the DEO standards.
And then the last thing would be the notary. The only thing I
would say to you on that is -- I know I've talked to Jamie about this.
There's an NOC required for most of these eligible products, which
would put the contractor in a position to have a notary in place. But
what does this do to a contractor where the NOC may not be
required? Do they have to hire somebody? And in that case, is that
placing an additional cost on the property owner when we're
requiring notary for that situation?
If we could -- we do a confirm-terms call. If we could ask them
that question in the confirm-terms call where it's recorded, then, I
mean, you're having that customer or that property owner then state
that they have signed that disclosure. Just another option for you
instead of trying to walk through all this notary business. That's all I
have. Thank you. Appreciate your time.
MR. MILLER: Do you want to go on to the next speakers now,
sir? Your next speaker is Lisa Lefkow. She will be followed by John
Harney.
MS. LEFKOW: Good afternoon, commissioners. For the
record, Lisa Lefkow. And --
CHAIRMAN McDANIEL: Didn't you just have a birthday?
Didn't you just have a birthday? Happy Birthday.
MS. LEFKOW: Do I look differently than the last time when I
was here?
CHAIRMAN McDANIEL: No, just --
MS. LEFKOW: A couple of points that we've considered today.
I appreciate the desire to segregate the contractors from the PACE
providers, but let it be clear they are intrinsically involved. They
cannot be separated.
June 25, 2019
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The contractors are to be managed by the PACE providers;
they're to be trained, monitored by the PACE providers. Part of the
reason that we're here for the fifth time is because that has not
happened. The contractors have been allowed to operate in
unscrupulous ways, have not been held to the original intent of your
agreement with the PACE providers, nor with state statutes.
The issue of the notary, the confirmed verification system that
they use, there is never a notary present. So all of the forms that have
been signed are signed with contractors or contractor salespeople.
There is no PACE provider present either. All of that transaction
happens with the contractors or contractors' salespeople. A wet
signature would be an essential form of protection, and to have a
notary present would simply add some protection there.
The confirm-terms call is, as you have heard testimony from
individual homeowners, they are coached in how to respond so that
they can be approved.
The issue with the lien removal is a significant one in the
marketplace. If a contractor does not perform well, the homeowner
has recourse. They can take that contractor to court and sue them in
the PACE program. They are giving all of that right up. They cannot
sue for anything that has not been well done or has not met their --
the standard.
So, I implore you to continue to, Commissioner Solis, hold their
feet to the fire with inspection process, making sure that that has been
fully completed. We've heard many times of that not being true.
We've heard testimony from Mr. Lemyre about the repayment. I'll
remind you that that's irrelevant for us here. We only just adopted
this program in 2017. The vast majority have not even begun to hit
the tax rolls yet. So we have a very small segment to be evaluating.
You heard last time that they were together that the first tax deed
sale has already come to you with a PACE lien on it.
June 25, 2019
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So, in my opinion, we've allowed the PACE program, the PACE
providers to write the ordinance that governs them and regulates
them. I think that's extraordinary. I implore you to just shut this
program down. Thank you.
MR. MILLER: Your next speaker is John Harney, and he will
be followed by Pedro Lora.
MR. HARNEY: I'm John Harney. I have two points. The first
is: I was curious today to find out what the status is regarding
Ygrene and new contracts. I went on the web. It was very simple. I
just typed in Ygrene. I got their web page.
They ask what state are you in? What county are you in? What
kind of work do you want to do? At the bottom of the page they give
you two contractors who can do that work. That appears to be a
solicitation for new business. You could look at it a different way.
But most people who go on the Internet who see a page like that think
that company is ready to do business with them.
I object strongly to the idea that they have stopped trying to look
for new business. This is an obvious way. They've had weeks to
change their web page where they could have stopped doing this. I
have the link as well. I can pass that over.
You have not heard from a single Collier County contractor who
is in support of this program. You have not heard from a single
homeowner. This is like the dog that doesn't bark. Everybody who's
been in here talking has been against this program or they've had a
financial interest in this program.
I believe that the reason why Habitat has been involved is
because Habitat is organized enough to be able to get some people in
here to talk to you about this. I think the average working person
who is out there who has a contract going with PACE who has a
problem doesn't have the time to come in here to spend on the
meetings. I think that's why you have not seen them.
June 25, 2019
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And I think that's really critical, because those people should
have a voice here. Unfortunately, because of their circumstances,
they probably just don't have the chance.
Thanks for your time.
CHAIRMAN McDANIEL: Thank you, sir.
MR. MILLER: Your next speaker is Pedro Lora. He will be
followed by Mike Schumann.
MR. LORA: Good afternoon, County Commissioners. Pedro
Lora, for the record.
I wanted to come before you all to share a situation that occurred
to my mother and I this past Friday, June 21st.
As my mother and I were enjoying an evening together, a
gentleman came knocking on her door representing a solar panel
company. This gentleman began to pitch what he called a wonderful
government assistance program, a program that required no money
down to begin the work to make her home more sustainable, an
affordable program whose benefits greatly outweigh the cost.
He even went as far as calling this program a program that is
highly seen here in Collier County. Of course, all this information
was being presented on an iPad mini to a woman who understands
minimal English.
Even after this pitch, my mother was hesitant about what she
had heard. When this gentleman sensed that hesitation, he began
implementing harder sales tactics calling the program highly
competitive with a limited number of applications that can be
received and approved.
As mentioned, thankfully I was visiting my mother that day to
provide her with some knowledge on the program this gentleman was
pitching. Also, thankfully my mother did not have to go through
many of the headaches or pains that many of the families you have
heard of have had to go through.
June 25, 2019
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It is disheartening to see how these PACE-approved contractors
go after low-income non-English-speaking individuals and families.
It should also come to show that these individuals are unscrupulous,
who continue to operate even during a time in which they are
supposed to be suspended.
This had clearly shows their motives and their ethics, which is
why I implore you to please end this wretched program.
MR. MILLER: Your final registered speaker on this item is
Mike Schumann.
MR. SCHUMANN: Hello, Commissioners. Mike Schumann.
I just want to talk specifically about this ordinance, even though you
all know how I feel about the whole program.
Commissioner Fiala talked a little bit about the complaint
process. And the way this revised ordinance works is useless. You
know, if you want a complaint process, you should have a -- on the
disclosure form a number for Collier County and somebody in Collier
County so somebody who has a complaint can call Collier County,
and you can deal directly with the county. And if the complaints pile
up the county knows about it and can do something about it.
If you just basically say the companies have to monitor the
complaint and deal with them, I mean, that's having the fox guarding
the henhouse. I mean, that's crazy.
Talking about some of the more specific issues. The PACE
disclosure document. I mean, I understand we don't want to get the
contractors in the middle of that. And, you know, we have lots of
discussions about notaries. The simple solution is real simple, okay.
Have the homeowner come into a Collier County office and sign the
disclosure form in front of a Collier County employee. That way
you've got a neutral party.
And you also have an operational issue right now. When -- you
know, the way this is written, the contractor is supposed to take the
June 25, 2019
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disclosure document to the building permit office. How do the
building permit offices know whether this is a PACE project or not a
PACE project? I mean, how are they supposed to administer this?
You know, it just doesn't make any sense.
So let me also talk about the income limit, okay. The 4 percent
income limit, if you have a reasonable interest rate, you know,
authorizes a project up to $20,000 for a household with $40,000 gross
income. You know, that's what this is about.
If we want to have a PACE program, it should be for essential
improvements. If you change that to 10 percent, you know, you can
get into a situation where people can basically start borrowing 40-,
50-, $60,000 on a $100,000 house. This is not essential work. This
is basically -- this is why these contractors get attracted to this
program, because they can basically load up -- they can find some,
you know, person that doesn't understand and is gullible and isn't
reading their documents and doesn't do the financing, and they can
just load them up on all kinds of unessential things that no normal
person would ever basically put in place.
And, finally, what I want to say is, you know, you've heard these
contractors, these PACE providers, particularly Ygrene, they're just
ignoring the law. They're basically still out soliciting business, and
they're totally misleading everyone, including you. The Ygrene
representative that was just here said on average, the average
homeowner in their project saves $2,500 a year on insurance.
Okay. Now, that is absolutely preposterous to say, because I
own a house that the market value is close to a million dollars in
Royal Harbor, and my total property tax -- not property tax. My total
insurance bill every year is only $2,500. So how is somebody that
has a $200,000 house supposed to save $2,500 a year on insurance? I
mean, that's just totally misleading.
CHAIRMAN McDANIEL: Michael, point made. Thank you.
June 25, 2019
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MR. SCHUMANN: Okay. Thank you.
UNIDENTIFIED SPEAKER: Can we get your agent number,
insurance agent?
CHAIRMAN McDANIEL: Folks.
MR. MILLER: That was your final speaker on this item,
Mr. Chairman.
CHAIRMAN McDANIEL: And there you are.
Commissioner Fiala, you're still lit up.
COMMISSIONER FIALA: I'm still lit up because I haven't
spoken. This time. I spoke before.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER FIALA: Okay. First of all, I wonder how
much money the county has been spending on this PACE program
since we started it. We have certainly spent a lot, and we've got a lot
of employees working on it. And, by the way, we aren't going to get
anything for that. Nobody's going to reimburse us for all of that stuff.
I just wanted to point that out.
We've been trying to help -- the reason we're trying to do that,
the county, as well as these commissioners, is because we want to
help people. That's our point. We keep thinking, well, maybe if we
can offer some help.
But in my opinion, I don't see any help coming. I only see
problems awaiting us, especially when -- and I think it was Lisa
Lefkow that said, it's only been two years, so you won't even see all
the things that are going to be captured once the tax bills come out for
a couple years and they start selling the tax deeds. Then you're really
going to hear it, and that bothers me an awful lot.
I think here -- everybody on this dais really wants to reach out
and help the people, but I don't think this is the way to help them.
And I know Penny and I usually stand alone on this, and I'm
sorry on that, because we need a third person, and usually -- it's
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usually a 3-2 vote. But I'm just going to say anyway, I hope that we
can help them, and I hope we can stop spending all this money to try
and make a broken program work.
Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Would you please put this on the
visualizer.
I have a sense where this is going, but before we vote on it, I
think I want to put this on the record. We all got a copy of this. This
is from the Clerk's audit. And I'm going to read this for the record,
and then if you vote for this program, it's on your conscience, not
mine.
2,018 -- oh, 2,108 tax bills with PACE assessments more than
doubled the average tax bill -- was 117 percent increase.
PACE loans financed the majority of air conditioners for 20 years
when the proposed consumer protections limit financing to 15 years.
Ygrene has a pending California class-action suit, which
includes Florida plaintiffs. They are not without complaints in
Florida.
In Los Angeles County both Renew and Renovate America have
pending lawsuits. The county is accused of being complicit as they
looked the other way when problems piled up.
Sixty-six percent of the 2018 Collier projects were performed by
Ygrene contractors: Bruno Air, under investigation; or
Summitworks, which has been suspended from the PACE program
for deceptive practices and found to have violated notary statutes.
PACE providers have been accused of targeting lower income
homeowners, the bulk of PACE-financed solar power systems were
in homes with a market value of $250,000 or less and were located in
Golden Gate City and adjacent 34104 ZIP code.
Of the 116 properties with Ygrene loans issued in 2018, only
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5 percent met or exceeded the 30-day advance notice to lienholders
required by statute before a special assessment is added.
Habitat has refinanced seven homes to date for nearly $100,000
to relieve homeowners unable to pay their PACE loans.
And when you talk about data, Commissioner Solis, pay
attention to No. 9. This is PACE-provided data. Their own CPA for
the Green Corridor PACE district (Ygrene) continues to have
multiple recurring findings regarding Ygrene statutory documentation
and recordkeeping since its inception.
And, finally, a review of 54 documents recorded by Green
Corridor (Ygrene) since May 28, 2019, residential program
termination by the BCC reflects 37 new or amended agreements and
17, or 31.5 percent, PACE loan terminations.
I'm not sure why we're here. There is -- there were comments
that I think struck me. We're allowing PACE to define this program.
We're saying we're helping people, but clearly we're not helping
people. We're hurting people.
And I think, sir, as Chairman you have said, if -- you know, I
don't want one person to be hurt, and yet we continue to support a
program that takes advantage of people in your district, sir, and your
district.
Thank you very much.
COMMISSIONER FIALA: Make a motion.
COMMISSIONER TAYLOR: I make a motion that we --
COMMISSIONER SAUNDERS: Can we continue to discuss
this before the motion's made, or is that --
COMMISSIONER TAYLOR: No, we certainly can.
COMMISSIONER SAUNDERS: First of all, I think one of the
things that we've tried to do is to come up with an ordinance to
protect Collier County residents. I'm not so sure we have been able
to do that.
June 25, 2019
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CHAIRMAN McDANIEL: It hasn't been done so far.
COMMISSIONER SAUNDERS: And the reason this has come
back to us so many times is because we have endeavored to protect
our citizens but also to keep this financing option available if we
could make it work.
And I've had 100 meetings now with PACE providers, and I
keep coming back to the same conclusion: That this is a defective
program in that any contractor, any PACE provider -- and I'm not
pointing fingers to a PACE provider -- can sell this product, they get
a lien on the property, it's a superior lien, and so what do they care if
the person can pay it back?
And I've tried to struggle with how do we fix that? And I just
don't think we can fix it. I've gone full circle on this about 25 times;
three times today.
But I'm in support at this point of continuing on with the
termination of the residential program, but I want to keep the
commercial program in place.
COMMISSIONER TAYLOR: Is that a motion?
COMMISSIONER SAUNDERS: I'll make that as a motion.
COMMISSIONER TAYLOR: I'll second that. Thank you.
CHAIRMAN McDANIEL: Well, then there you have it. It's
been moved and seconded that we continue on with the termination.
MR. FRENCH: Commissioner?
CHAIRMAN McDANIEL: What? I'm about done with this.
MR. FRENCH: Just some clarifications, sir, is that this would
be inclusive of multifamily, condominium associations, not just
businesses; is that correct?
COMMISSIONER SAUNDERS: That's correct.
CHAIRMAN McDANIEL: Multifamily. I was going to
stipulate that. The PACE program continues for commercial and
multifamily, if I understood the motion maker.
June 25, 2019
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COMMISSIONER SAUNDERS: That's correct. I'm concerned
about the single-family residential homeowner.
CHAIRMAN McDANIEL: I understand. We're all concerned
about that.
So it's been moved and seconded that we continue on with the
termination of the PACE program for residential use and continue to
allow for the commercial and multifamily use. Is there any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: All opposed?
Aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: 3-2.
COMMISSIONER FIALA: I think it's break time.
CHAIRMAN McDANIEL: How you doing, Terri? It's not
break time.
COMMISSIONER FIALA: We're an hour and a half over what
we told her.
CHAIRMAN McDANIEL: Is it break time? We've got 15
minutes.
THE COURT REPORTER: Fifteen minutes.
CHAIRMAN McDANIEL: Well, you need 15 minute from
now, or am I over 15?
THE COURT REPORTER: No, 2:30 was the last one.
CHAIRMAN McDANIEL: We'll take a break at 4 o'clock.
COMMISSIONER FIALA: Do the parks thing. That should be
easy.
June 25, 2019
Page 165
CHAIRMAN McDANIEL: Let's do it.
MR. OCHS: You want to go to the parks?
CHAIRMAN McDANIEL: We'll take a break at 4:00. Can you
hold it?
COMMISSIONER TAYLOR: Yeah, that's not the issue. I just
wanted to --
CHAIRMAN McDANIEL: That was bad. See me blush?
COMMISSIONER TAYLOR: Can you?
COMMISSIONER FIALA: Good one.
CHAIRMAN McDANIEL: I'm actually the one that has to go.
You're not supposed to hear that.
Item #11A
APPROVAL OF THE EAST NAPLES COMMUNITY PARK
MASTER PLAN TO RENOVATE THE PARK TO
ACCOMMODATE THE INCREASED USE OF THE PARK FOR
PICKLEBALL AND TO SUPPORT THE US OPEN PICKLEBALL
CHAMPIONSHIP ACTIVITIES AT THE PARK - MOTION TO
ACCEPT STAFF’S RECOMMENDATIONS AND PROCEED
WITH PHASE 1 AND PHASE 2 – APPROVED
MR. OCHS: Commissioners, we're moving to Item 11A, and
this is a recommendation to approve the East Naples Community
Park Master Plan to renovate the park to accommodate the increased
use of the park for pickleball and to support the US Open Pickleball
Championship activities at the park.
CHAIRMAN McDANIEL: Those blue shirts are back.
MR. OCHS: Mr. Williams, your Parks and Recreation Division
Director, will present.
MR. MILLER: And I have four registered speakers for this
June 25, 2019
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item.
MR. WILLIAMS: Commissioners, Barry Williams, Parks and
Recreation Director. Just a brief introduction, if I could.
Just a couple things I wanted to note -- and, again, this park,
East Naples Community Park, who would have thunk it a few years
back in terms of the activity at this park. I, you know, go to that park
frequently, and it's not surprising to see 500 people playing there,
pickleball, outside of the US Open.
So we've developed a wonderful partnership with TDC, with the
US Open, Spirit Promotions, the Ludwigs, in just bringing a
phenomenal event at East Naples Community Park.
And early on there was a recognition of the need for us to
improve that park. It's one of your oldest parks in the inventory, built
in the late '80s, and we put significant resources in there both from
the Parks and Rec Division as well as TDC. An estimation: We put
1.3 million from park funds over the last three years, and in TDC
funding about $2 million. So that's a significant amount of money.
But, certainly, as we've experienced the events that occur there,
there's a realization that the park needs much more.
So what we wanted to do today is to provide you with a
culmination of thoughts and ideas from a variety of stakeholders, a
public meeting that we held, and to paint a vision, if you will, for this
park and what it could be, you know, to support these activities.
So with that, we do want to make a couple of comments about
that. Part of the master plan that you'll see, it actually includes lands
that we're working with the school board on. We don't have those in
our inventory as of yet, but we are working very closely with the
school board for a portion of that. Again, a big issue for us is parking
at that location.
Also, we're working with Spirit Promotions and TDC in terms of
making this commitment. And you'll hear the phases that are being
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promoted for these improvements. We're working with Spirit on
continuing this relationship and keeping a long-term partnership. So
we're looking -- you know, we have a current agreement with them
through 2021, looking to extend that for a commitment for five years,
and have had some very positive talks with Spirit Promotions on that.
So with that in mind, what I'd like to do is to turn it over to your
consultants. ABB is the consulting firm that we've worked with, and
just to share with you the master plan and seek your approval for this
master plan.
So with that, let me introduce you to Dom Amico and Dakota
Bernal.
MR. AMICO: Thanks, Barry.
We've been working with staff and US Pickleball and the public
for, I don't know, six or eight months to get to the point where we're
at now.
First slide. First we'll go through what's on the ground today.
CHAIRMAN McDANIEL: You have to have her there just to
run that thing for you?
MR. AMICO: Who? All right. The slide we're looking at now
is everything that's on the ground today as it exists. Right now we
have 54 pickleball courts, four racquetball courts, one-and-a-half
soccer fields. The one-and-a-half is caused by the construction of
recently 10 pickleball courts on the northern -- the eastern --
westernmost soccer field.
We have a community center at 12,000 square feet; a
1,200-square-foot bathroom facility, which is -- you've heard about
that this morning. We're not going to go into that one too much;
maintenance shed; and 209 existing parking places.
We're envisioning a very quick Phase 1 that we can get done
prior to the next tournament, which is an addition of 10 more
pickleball courts, the demolition of the maintenance area, and moving
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the maintenance area behind the existing soccer field and
constructing a temporary maintenance area, basically a concrete slab
with conex boxes. That's all we're told feasible before the next
tournament.
We have a Phase 2 looking for 2021, which will bring us up to
64 pickleball courts, the existing four racquetball courts, community
center, which is existing, a new welcome center, electrical building.
The electrical improvements are being designed by a different
consultant right now as we speak. The electrical system at the park
is, you know, 1980s style. It's well, well underpowered for the
current use.
In 2021 we envision building a real maintenance building at the
side of the temporary maintenance building and increasing the
parking count to 630 parking places.
Ultimately -- and we don't have a timeline on the rest of the
improvements -- we would be looking to add a championship
pickleball stadium, 3,500 seats; a new community center at 38,000
square feet. Now, that community center would house all of the
current uses in the community center plus there would be room for 10
indoor pickleball courts. We heard about, this morning, the
pickleball tournament, some folks losing their spots due to lightning.
That could be averted if we had the indoor courts.
And then additional parking, bringing the total parking count up
to 1,241 spaces, and that uses five acres of land currently owned by
the school board. There may some sort of an opportunity there for
either sharing or swapping or purchasing from the school board, and
that's the entire master plan.
Oh, I forgot the welcome center. No, the welcome center was in
a previous phase.
MR. OCHS: I'm sorry.
CHAIRMAN McDANIEL: Go ahead, Dom. I'm sorry. We
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were up here chatting.
MR. AMICO: We're good.
CHAIRMAN McDANIEL: Are you all set?
MR. AMICO: This is the master plan. This is the ultimate
layout of the project.
CHAIRMAN McDANIEL: Okay. You want to make a motion
now, or do you want to hear the speakers?
COMMISSIONER FIALA: Well, I would love to hear -- do we
only have one speaker?
CHAIRMAN McDANIEL: We have four.
MR. MILLER: No. I have four speakers.
CHAIRMAN McDANIEL: They're all going to tell us we're in
favor of your motion.
MR. MILLER: I'm not so sure that's accurate, sir.
CHAIRMAN McDANIEL: Okay. Fair enough. Then we'll
hear from the speakers first.
MR. MILLER: Your first speaker is Rae Ann Burton, and she
will be followed by Phil Brougham.
MS. BURTON: I changed my thing to good afternoon. My
name's Rae Ann Burton, Golden Gate Estates.
The item of concern 11A, to renovate East Naples Community
Park, build 10 pickleball courts. I have no disagreement with making
a park better and safer for public.
Item stated, 11A, promotes pickleball activities through tourist
development, build 10 courts. Item states there's a three-year
agreement signed April 14th, 2015, extended two years to 2021.
Also will bring in tourists dollars for local businesses. Phase 1,
1,845,000, is funded. Phase 2, completed during 2020, building
3,500-seat championship stadium court will cost 21,579,410, not
funded. Total, 23,424,410.
US Open Pickleball Championship agreement only to 2021.
June 25, 2019
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What will the stadium be used for after 2021? Future tournaments?
What guarantees do tourist dollars return on this project?
It's great that urban Collier County is creating a great park, but
what about rural Golden Gate Estates? What happened to the ATV
park?
It's my understanding the money's been available for several
years. There's also a great need for an ATV park. Too many people
are getting seriously hurt and even killed because there's no safe
place to ride.
So my question is: If there's enough to fund a building of 10
pickleball courts, why is there not a place for an ATV park? Is it
because it's only for the rural Golden Gate Estates and will not bring
in tourist dollars?
A regulated ATV park would provide a safe place to ride and
save lives. Thank you.
MR. MILLER: Your next speaker is Phil Brougham. He will
be followed by Jim Ludwig.
MR. BROUGHAM: Good afternoon. I thought it would be
good morning when I came in, but it's in the afternoon.
COMMISSIONER FIALA: We did, too.
MR. BROUGHAM: And it left -- I am Phil Brougham, and I
serve on the Collier County Parks and Recreation Advisory Board.
I've been there almost 10 years. Enjoyed the hell out of it, too.
But sitting here today, I've sort of worked myself up regarding
several things considering this proposal you have in front of you.
First of all, I totally support this master plan.
A couple years ago in a Parks and Rec Advisory Board meeting
we were discussing, you know, adding more courts here and doing
that there and moving a soccer field here and moving a soccer field
there. And I said, we need a plan. I mean, this is hodgepodge. Let's
do a master plan.
June 25, 2019
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And here's a logo. Here's a sticker. And it says Naples, Florida,
Pickleball Capital of the World. It is, but we don't have a capital
building. You're talking about putting 10 more courts here and
attracting even more participants to pickleball but, yet, we can't
afford to invest in restrooms and electricity and a welcome center?
You heard the stats from tourists that came into this county this
morning for this last tournament, which has been a phenomenal
success. I would submit to you that investing more than a million
dollars or whatever is called for in this first phase and at least put in
bathrooms and electrical is one of the best deals on the table as far as
return on investment.
There's a lot of projects that come before this board where you're
asking to spend money here and asked to spend money there, and
maybe you're going to get a return, and maybe you won't. This is an
example of a return on your investment in tourist dollars, restaurant
dollars, heads on beds, et cetera and, yet, we're not even proposing in
this first phase to do the bare essentials, which are bathrooms and a
welcome center and upgrade the electricity in this park.
And I think that is something that hopefully you can address in
the budget cycle, which is not yet complete. You still have a
window. So this isn't the end of the story. But I just hate to hear
phases. Phases have faded into the everlasting future, in my opinion,
in this county. Let's step up to the bar and get this done, and then we
can move on to the new and greater projects that are on the horizon.
I don't want to -- I don't like to hear funding is a big question
mark. We have the ability, and we have the expertise to find the
funding if we want to do it.
Thank you very much.
MR. MILLER: Your next speaker is Jim Ludwig. He'll be
followed by Terri Graham.
MR. LUDWIG: Good afternoon, Commissioners and the
June 25, 2019
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audience. I just -- my name, for the record, is Jim Ludwig and -- part
of the US Open.
I just wanted to take a moment to thank the staff,
Commissioners, all the people that helped us get to this point.
This is a great thing for the park. And that's basically all I'm
here for other than to put a challenge to Commissioner McDaniel and
Commissioner Solis that has been going on for two years now. Two
years this has been going on, and you have not lived up to your oath.
Let's go. We need the competition. November 9th. November 9th at
Veterans Park we are having a Veterans Day tournament --
CHAIRMAN McDANIEL: I'll be out of town.
MR. LUDWIG: -- for veterans.
CHAIRMAN McDANIEL: I'll be out of town.
MR. LUDWIG: Yeah, yeah. That's what I heard last time. At
any rate, you guys are welcome to come out, and I want to see this
challenge happen.
CHAIRMAN McDANIEL: I will come in the spring, but not
November.
MR. LUDWIG: Thank you.
MR. MILLER: Your final speaker on this item is Terri Graham.
CHAIRMAN McDANIEL: And then we're going to take a
break, and then you can make your motion.
MS. GRAHAM: Good afternoon, again.
I just wanted to take a couple of minutes to talk about the master
plan and the fact that we really, really would appreciate you
approving the master plan, first of all, but then expediting the time
frame of this so we're not waiting three, four, five years to get some
of the improvements and upgrades done to the park.
People are passing us by or attempting to pass us by, and they're not
going to. We are going to get this done in time, but the sooner we get
it done, the more people we can bring here, the more heads in beds,
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and we'll continue to lead pickleball throughout the world.
Thank you.
COMMISSIONER FIALA: Thank you.
CHAIRMAN McDANIEL: We are going to --
COMMISSIONER FIALA: I could just make the motion if
you'd like.
CHAIRMAN McDANIEL: Well, I've got a couple of questions,
if you don't mind.
COMMISSIONER FIALA: Okay. Oh, I do mind, but that's
okay.
CHAIRMAN McDANIEL: We're going to take a break. I'm
going to pull the Chair position, and we'll be back at 4:10; twelve
minutes.
(A brief recess was had.)
MR. CASALANGUIDA: Commissioner, you've got a live mic.
CHAIRMAN McDANIEL: Okay. I believe we were in the
process of hearing from Commissioner Fiala.
COMMISSIONER FIALA: Or a motion, right?
CHAIRMAN McDANIEL: Well, you know, as is usually the
case, you get to do whatever you want.
COMMISSIONER FIALA: Well, I'll wait to hear from Barry.
Barry's saying "just a minute."
MR. WILLIAMS: Mr. Chair, Commissioners, I just wanted to
reiterate what we're looking to do immediately, if approval on this
master plan. And the electrical upgrade is something we've been
working on, and that would be one of the first things that happens,
but we're also looking at the 10 additional pickleball courts, moving
the maintenance building where it's at to clear that for next year's US
Open, and then begin the design of the welcome center and
bathroom. So we want to start that immediately, and we have the
funding to do that.
June 25, 2019
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Again, part of our discussion with Spirit Promotion is working
in a partnership and looking at extending the agreement, and they've
talked to us favorably about that. So we want to approve that or ask
that you approve the master plan based on us continuing to work with
Spirit Promotions in the way that we have, so...
CHAIRMAN McDANIEL: If I may ask him a question before
you go, since you went to him. My question is -- and the issue is
Phase 1 and Phase 2. I certainly have no issues with Phase 1. My
concern with Phase 2 is jumping from $1.8 million expense to
another 20 million. And if we -- I don't, in pretense, have an issue
with it, but the funding sources, availability of funding, the priorities
of the community. I want to make sure that those priorities are, in
fact, met. And by voting for this recommendation, are we giving the
green light to go ahead and do another 20 million, or is that based
upon funding and approval and so on?
MR. WILLIAMS: Yes, sir, good question. It is -- you're
approving a master plan. The elements that's not funded, that would
be based on availability and as we go through the process of
prioritization in the community. So we would look for ways to
finance this, is what we would tell you, in terms of your approval.
COMMISSIONER FIALA: But that's a good question.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER FIALA: So that was what I was going to ask
is, there are things that Terri said this morning that are urgent right
now like, for instance, the electric, the bathrooms that you've just got
to fix. I didn't see that really on the lineup of the first phase. I know
we have a few things there. But the 10 courts, that provides 500
more players, that's a wonderful thing, but we really need to start
putting the money into the place. We've been very, very cost
effective up till now, but they bring in about $5 million a year to our
tourist -- because of our tourist -- tourists who come here and spend
June 25, 2019
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money.
Plus, Jim and Carol have this gift shop over there, and they
donate $10,000 a month, $10,000 a month every month. That goes
right into the parks.
And I've mentioned a few times, why don't you spend that on a
bathroom or something. Well, I realize it needed to be part of a plan,
but I think we need to take this and get more of the job done quickly
because we don't want to lose it to some other place. I just heard
somebody just say that. We don't want to lose the ability to do this to
another place because they're better suited for it, and this does pump
a lot of money into our communities.
So I would like to say that I approve the East Naples
Community Park Master Plan and direct the staff to begin work
towards Phases 1 and 2 but expand Phase 1 to catch the most
important parts of these things that need to be functioning for our
next year's tournament.
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: Can we do that outside -- we can do
whatever we want per the County Attorney. But can we do -- can we
do that outside of the recommendations that are delineated within this
executive summary?
MR. WILLIAMS: Well, what I'd tell you is that's exactly what
that Phase 1 is looking at is getting at those things that are most
critical now. The electricity has been one of the biggest issues; the
bathrooms the second. So that's what you're going to see happen
right away with the design and permitting of those bathrooms and
that welcome center.
MR. OCHS: You will not have new bathrooms by next year's
tournament.
COMMISSIONER FIALA: We will not have new bathrooms?
June 25, 2019
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MR. CASALANGUIDA: The year after we will.
MR. OCHS: If you had unlimited funds, I don't believe we can
finish that project.
COMMISSIONER FIALA: That's because of the space
constraints with where you want to move things; is that correct?
MR. CASALANGUIDA: Yes, ma'am.
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: And so as you're putting together
this thing and you have to move those things in order to building the
bathrooms; is that right?
MR. OCHS: Yes.
COMMISSIONER FIALA: That was explained to me. I wasn't
so smart. I was listening.
CHAIRMAN McDANIEL: There you go.
COMMISSIONER FIALA: And I know we rent bathrooms but,
of course, we only rent it for the tournaments. And we can use more.
Is there anything that we can do to provide some extra bathrooms
where they are without costing a whole bunch of money?
MR. OCHS: Yeah, we can certainly look at that.
MR. CASALANGUIDA: The electrical upgrades take the
generators off the bat --
COMMISSIONER FIALA: And by the way, we need those
four lights that keep shining on the houses of Isles of Collier
Preserves, there's just four that really are a problem. We need to get
those somehow adjusted, fixed, shielded, whatever you can do,
temporary, whatever it is, until we fix it right, because those people
have to suffer with that all the time. And, by the way, their owner is
a sponsor of ours, so it would be nice if we kept their people happy,
okay.
MR. WILLIAMS: Yes, ma'am.
MR. OCHS: And, Mr. Chairman, as part of this proposal, we
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want to bring back to you a new agreement with Spirit that extends
that relationship for the next five years, so there's a commitment on
both parties to continue to operate here in Naples and make the
needed improvements to the facilities.
CHAIRMAN McDANIEL: And in so doing, we're looking at
everything, all of the constraints, traffic, capacities, parking,
everything along those lines just to make sure that we can facilitate
this as the world headquarters.
All right. It's been moved -- did somebody second? I didn't hear
somebody second.
COMMISSIONER TAYLOR: I'll second it.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept staff's recommendations with regard to the master plan.
COMMISSIONER FIALA: Okay. Last thing I'll just say: It
was magnificent having those vans shuttling back and forth that held
all those extra people. That was -- whoever's idea that was, that was
magnificent. Great. That worked good. Thank you.
CHAIRMAN McDANIEL: Any other discussion?
(No response.)
CHAIRMAN McDANIEL: It's been -- okay. I'm going to call.
All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. OCHS: Thank you, Commissioner.
June 25, 2019
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Item #11E
DIRECTING STAFF ON NEXT STEPS, IF ANY, IN
REGULATING SHORT TERM VACATION RENTALS IN THE
UNINCORPORATED AREA OF COLLIER COUNTY - MOTION
TO DIRECT STAFF TO DRAFT AN ORDINANCE REGARDING
PROCEDURES FOR SHORT TERM RENTALS:
REGISTRATION, ENFORCEMENT, AND A LOCAL
REPRESENTATIVE (POINT OF CONTACT) AND BRING BACK
AT A MEETING IN THE FALL – APPROVED
MR. OCHS: Mr. Chairman, I believe we'll move now to 11E.
This item was continued from your May 28th board meeting. It's a
recommendation to direct staff on the next steps, if any, in regulating
short-term vacation rentals in the unincorporated area of Collier
County.
And, Mr. Wert, your Director of Tourism, will make a brief
presentation.
MR. MILLER: And, Mr. Chairman, I have 21 registered
speakers for this item.
COMMISSIONER FIALA: My goodness.
MR. MILLER: I just report the numbers, sir.
CHAIRMAN McDANIEL: I understand.
MR. WERT: Good afternoon, Commissioners, and thank you,
County Manager.
Since our last discussion on this topic, we have accumulated
some additional information, and I just wanted to go over those
briefly. But I really want to start with the last bullet because it really
does say we've definitely made some progress. And that was a
meeting of community stakeholders.
And thank you, Commissioner Taylor, for facilitating that. It
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included our Naples Area Board of Realtors, Collier County staff, the
Sheriff's Office, and the other staff members related to this topic.
And I think what we've come away with is a really multi-prong
approach. First of all, a way to register people who are offering
short-term vacation rentals. This includes with DBPR at the state
level, locally, as well here in Collier County, so enforcement
opportunities that the Sheriff's Office and Code Enforcement can
offer us. And I think it's a way to really move forward with this.
We've talked a lot about it. It is -- I know we're looking for some
solution and, certainly, we've been blocked at the state level from
doing anything to enforce it further than we already are.
So what I'd like to do, if possible, Commissioners, is if this is of
interest, perhaps I can bring up some of my colleagues here from
staff to give you a perspective, and we'll start with the registration
process. And I believe -- see, they all ran. Jamie French, you're right
behind me. Thank you. Come on, if you would, please.
MR. FRENCH: Good afternoon, Commissioners. For the
record, Jamie French, Deputy Department head with the Growth
Management Department.
Commissioners, currently this program is -- I'm sorry. It's
regulated by the State of Florida through the DBPR. Basically what
it does for the short-term rental property, it requires the property
owner to register with the Department of Business Professional
Regulation for their individual license. Part of that requirement
means that they would have to go get a tax ID for that property, and
that's the current regulation.
There's no regulation now. I know there's been some
conversation with regards -- with the Sheriff's Office as well as with
our Code Enforcement staff is that when we respond to a complaint,
whether it be for noise, whether it be for parking in the grass, whether
it be for property maintenance issues, in the event that that property
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owner does not live locally and they're not registered, the only person
that we make contact with is the renter, whether it's short-term rental
or long-term rental.
So at this point what's being suggested to you -- and Jack will
certainly go over that -- is perhaps creating a program that would
identify a point of contact for us and for the Sheriff's Office simply
just in response.
But as the County Attorney has opined in the past, the State has
taken a position where it would be very difficult for the local
government to implement any type of land-use regulations that
prohibited this type of use going forward.
MR. WERT: And if we could, on the enforcement side, just a
few remarks from Code Enforcement, if we could kind of get a
perspective of how this might work here in Collier County to enforce
what we've got.
Mike.
MR. OSSORIO: Good afternoon. For the record, Mike
Ossorio, Director of Code Enforcement. Thank you.
This is an easy process like Jamie basically laid out; that if you
wanted to register, you can go on our website, and you'd be able to
register for a nominal fee, and that would give us the opportunity, and
also the Sheriff's Office, an opportunity to find out a quick response
if there is a safety concern or a noise concern, especially 2, 3 o'clock
in the morning. That will be posted on our database, and that -- the
Sheriff's Office will be able to go ahead and notify the homeowner or
the real estate agent on going forward about compliance.
As of right now we have one nuisance abatement case going for
vacation rentals, and that is for kids playing in the pool, and it's kind
of loud during the day. So we're working with the homeowner, and
we're getting -- seeking compliance.
CHAIRMAN McDANIEL: Commissioner Solis, don't go away.
June 25, 2019
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COMMISSIONER SOLIS: Yeah. Just -- I'm just trying to get
an idea of, okay, there's a registration. I mean, that's going to provide
a point of contact, but are we changing anything in terms of how
we're going to enforce?
MR. OSSORIO: Absolutely not. Since the restrictions are six
months or less is really off the table, we're going to be enforcing
the -- obviously, if the County Attorney comes back with an
ordinance to make sure they register, that would be a violation under
the codified version of the -- you know, any kind of ordinance that's
coming into play, and also with the business tax receipt. If you are a
business and you are regulating under the Florida Statute Department
of Business Professional Regulations for hotels and motels, there's
huge definitions -- and there's a cite for that -- we will give you a
notice of violation for not having a business tax.
That also is going to have, you know, your name, your phone
number, your address, and also a form of some kind of affidavit that
you understand -- you understand about the noise and the parking
and, you know, the other uses -- underlying issues as it relates to
short-term rentals.
COMMISSIONER SOLIS: Is there going to be any -- or have
you given any thought to -- and maybe I'm remembering something
that I worked on years ago in Pinellas County. But if the owner is not
a resident, that there will be some kind of designated person locally
to -- that's part of it?
MR. OSSORIO: That could be part of it. I mean, it's up with
the -- I've seen many different types of ordinances having a point of
contact locally, surely.
But we have Google and phone numbers and addresses, and I
can tell you Code Enforcement has done a really good job in
notifying homeowners. We'll find them. But having this registration
program, identifying a point of contact quicker is probably more
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effective, more efficient for us in the future.
COMMISSIONER SOLIS: Okay. Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Commissioner Solis, it's my
understanding in the insurance -- with the insurance business that
some carriers will refuse to insure homes that are rented on a daily
basis, but the most important part of this is that when they do rent
out, they can't carry a homeowners. They have to carry a fire and
homeowners, and that insurance policy requires a local contact.
COMMISSIONER SOLIS: Okay.
COMMISSIONER TAYLOR: So that's another level of
enforcement that could be checked in terms of the type of insurance
that they have.
COMMISSIONER SOLIS: Yeah. I mean, that's assuming that
people are going to switch from a homeowners policy to a
commercial policy, right?
COMMISSIONER TAYLOR: But, again, that could maybe -- I
don't know if it's something that we can enforce. I mean, it's a
question of how we do this, but it's another checkpoint in terms of,
okay, you want to have your home as a business, then these are the
rules, and if you're -- you're in violation of such.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I have a couple questions,
actually. You said home as a business. So do people have to file
with somebody to have a business permit or to have a commercial
permit so that they can operate in a residential neighborhood?
MR. OSSORIO: As it sits right now, since the restrictions of six
months or less has really gone to the wayside, we are going to be
enforcing the business tax rule. And the business tax rule is, if you
have a business or if you are a business under the Statute 509, which
is hotel/motel, and you meet their criteria of short-term rentals, you
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would need to get a business tax receipt.
So, yes, we would make sure that any occupant/homeowner,
whoever that might be, single-family, multifamily, high-rise, they
would need a business tax receipt to be able to conduct business.
CHAIRMAN McDANIEL: Not an occupancy -- excuse me.
MR. OSSORIO: A business tax receipt.
CHAIRMAN McDANIEL: Because it's the owner, not the
occupant that's --
MR. OSSORIO: That's right.
CHAIRMAN McDANIEL: -- going to be required to --
(Simultaneous speakers speaking.)
MR. OCHS: It could be the occupant if it's a business as it
relates to a commercial business.
CHAIRMAN McDANIEL: I understand.
MR. OSSORIO: I'm saying in general terms, if you have a
business in Collier and that's included under vacation rentals under
the Statute 509, you would need a business tax receipt.
COMMISSIONER FIALA: So in other words if neighbors --
because a lot of neighbors are very upset about this. I'm sure you
know that. The only people that aren't upset are the people that are
making money, and they're all for it. Everybody's rooting for it. But,
you know, that doesn't take into consideration the neighborhoods
who don't want it.
So if they see that it's, like, daily rentals or weekly rentals or
weekend rentals or something, they can call you -- or they could
check to see if they have a commercial license to do that.
MR. OSSORIO: Yep.
COMMISSIONER FIALA: And if they don't, then they can
report that to you?
MR. OSSORIO: Most definitely. Just last week I sat down with
Jamie, and we have a little -- I'm into flowcharts. So we just
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completed our flowchart, and we're going to be putting that out to the
neighborhoods and the associations to work with the Department of
Business Professional Regulations to make sure they get their
business tax receipt, to get their license through DBPR as well and,
you know, to make sure they pay their taxes. We'll work with the
Tax Collector's Office and the business office as well.
COMMISSIONER FIALA: Okay. Now, the second thing is,
there's been a gentleman here who lives in your district, actually, and
he was saying how he's had this place, and I think it's right on the
water, and it's always been peaceful and nice and everything, and all
of sudden there started to be a turnover of people coming, and that's
been difficult for him. I know it's going to be difficult for anybody
living in what has been a quiet neighborhood.
And so my question is, I had asked somebody if they had a
homeowners' association, if the homeowners' association can enact
something if they want to saying no short-term rentals in this area,
and I understand that they can.
MR. OSSORIO: They can.
CHAIRMAN McDANIEL: And that it didn't have to be done
before 2011. It can be done next week if they want to do that. I
mean, it -- and I don't know what criteria would have to be met.
COMMISSIONER SOLIS: Yeah. And condo associations are
in a much better position to enforce any of this stuff, yeah.
COMMISSIONER FIALA: They really are. So that's an
important thing. At least there's an out. I know where I live there are
14 different homeowners' association. If some don't want to do that,
fine, then they could leave their homeowner association out.
So, anyway, I want people to be aware that they do have an out.
I don't like the rule myself. It's very difficult, I think, for people to
have to live with strangers coming in and out, and you don't know
who is coming in and where. But I realize a lot of people make a lot
June 25, 2019
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of money, and that's what their thinking is the pocketbook rather than
anything else.
And so know that there is an out so you can -- so you can get
your homeowners' association to vote to have an ordinance or a bill
or whatever you have to do to their homeowners' association and
enact that.
MR. OSSORIO: That's well put.
Just to give you just a quick -- we're going to use every tool in
our toolbox in Code to make sure that any underlying violations in
short-term rentals we go forward with a special magistrate. That
includes working with Jeff's office or Jamie's office. And our
flowcharts are ready to go. And we actually kind of beefed up our
noise ordinance. We added another full-time noise specialist who
just got trained. So hopefully we'll get those in line, and we'll get --
we get about 10 or 15 noise complaints, and out of those 10, 15 noise
complaints per month, maybe .5 or maybe 1 we'll get vacation rentals
as it relates to just noise in general, and we notify the homeowner,
and we'll educate them and get them into compliance. So that's what
we're going forward with today.
But thank you for the support.
COMMISSIONER FIALA: Thank you. Hi, Dawn Litchfield.
How are you?
MS. LITCHFIELD BROWN: Well, thank you.
MR. WERT: A couple other quick points.
That business tax really, I think, helps the situation with the Tax
Collector as well, because we've been trying to get a handle on how
many of these are out there. Are they registered to pay the tax? By
doing that business tax, this gives us some information about the
owner and a way to audit those stays as well.
CHAIRMAN McDANIEL: Do you have a coordinated effort
amongst the agencies that's looking for the advertisements, through
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the advertisements, checking to correlate whether or not the business
regulations is in place and tax is being collected and so on and so
forth?
MR. WERT: Yes. The Tax Collector certainly does a lot of that
already with their audits and so forth so -- and we're working in
conjunction. And I think this coalition that we've kind of pulled
together after this meeting last week really is going to go a long way
in that direction.
The -- one of the -- the other groups that was involved in that
discussion is our Naples Area Board of Realtors and, of course,
you've heard from a lot of them. And, Jeff, do you want to just give a
couple words of how your group feels?
MR. JONES: Thank you, Commissioners. Naples Area Board
of Realtors and our 65 members are pleased to be at the table.
CHAIRMAN McDANIEL: Your name, Jeff.
MR. OCHS: Could you give your name for the record.
MR. JONES: Sure. Jeff Jones, I'm sorry; president of the
Naples Area Board of Realtors.
But we were able to meet last week with a group, and we want
to be at the table. We want to facilitate the education of our 6,500
realtors about rentals and about how to advise their customers to
make sure they check with the homeowners' association, or whatever
the rules are.
And we stand ready to help you with identifying the abusers and
the abuses and to provide education and any support we can from the
Board, and we appreciate the seat at the table.
COMMISSIONER FIALA: So we can call you with our noise
complaints and --
CHAIRMAN McDANIEL: No. Don't go down that rabbit hole.
COMMISSIONER FIALA: Well, he said he's ready to help us.
Well, I was just asking.
June 25, 2019
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MR. JONES: That's a little out of my wheelhouse, but we will
help with the education, and we will try to answer questions about
rentals with our members.
CHAIRMAN McDANIEL: Commissioner Taylor has a
question for you.
COMMISSIONER TAYLOR: For self policing, would you
agree that the Board of Realtors would moderate or require that all
county and state registration be -- and I guess in this case it would be
business license and what else? What other licensing would be --
MR. WERT: State.
COMMISSIONER TAYLOR: State, okay. So it's business,
county business, and state be required of any renting -- any rental that
would on your MLS for under six months and that you would police
them accordingly? And if they were found to violate, you would
take -- they would not be allowed to advertise on your MLS?
MR. JONES: I think we'd have to -- what our goal is is to
provide education. It's really the customer's responsibility to register
with DBPR and obtain the business licenses, but we can certainly
provide them with the information at the time of their contract or the
time of their investigation with the steps they need to go through to
properly rent their property.
As far as any type of enforcement, I'm not sure that's within our
bailiwick to do. Really, we're a source of information and, really, the
source to have people contact the source, be it their HOA, be it their
attorney, to make sure that they're in compliance with the rental rules.
COMMISSIONER TAYLOR: Have you had conversations
with the online renters, the VRB and Airbnb?
MR. JONES: Not directly. We do have contact with them and
with their government affairs people, and we certainly can reach out
to them, talk to them about what we're doing and making sure that
they're providing the same information. We don't get involved in a
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lot of transactions that are directly between the homeowner and
Airbnb or VRBO. We get involved with transactions where our
members act as the rental agents.
But there are a lot of these transactions that go directly from the
online source to the owner. So certainly we could reach out to them
and see if we can't get the same spirit of cooperation that we're
offering to our members.
COMMISSIONER TAYLOR: So -- but with your membership,
you're not willing to do more of an enforcement, monitoring and then
enforcing our laws here?
MR. JONES: I don't know that that's -- I don't know that that's
our role. Our role is to provide information and make sure the
ultimate property owner understands that they're -- you know, what
the procedures are here in Collier County. I don't know that we
would be an enforcement arm. You have Code Enforcement and a
number of other people within the government that would do that.
Does that answer your question? I mean, we really aren't enforcers.
We're --
COMMISSIONER TAYLOR: I don't mean you would --
MR. JONES: -- information sources.
COMMISSIONER TAYLOR: I don't mean for that, but your
own -- you know, that we're trying to develop rules to maintain,
hopefully, property values countywide in areas where these
short-term rentals take place. And if -- and I think you're supportive
of that as the Board of Realtors. So the enforcement isn't to go and
knock on the door if there's a loud noise, but if there is a member that
consistently thumbs his nose at that or she thumbs her nose at these
rules, you know, there's got to be some kind of accountability on the
part of the Board of Realtors, because they are members.
MR. JONES: Correct. Well, there's rules as to what you can
put in our MLS and the information that goes in there. Certainly
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that's the first place to start. If they're advertising or putting
misinformation into the MLS, we can certainly correct that.
As far as regular abusers that are realtors, that would have to be
something we'd take up on a case-by-case basis. But we do have a
code of ethics, and we're proud of that, and we want to treat people
honestly and fairly.
COMMISSIONER TAYLOR: All right. I mean, this is -- we're
discussing this now. It's going to go forward, I think, so perhaps you
could talk over with, you know, your board and see what you would
be willing to -- police is the wrong word, but it's the only word I can
come up to -- self-police in a sense and help us with this so that it's
more than just information.
It's -- these are our standards in Collier County. If you -- you
know, you need to abide by them. That's it. And I don't think it's too
egregious asking for a business registration and also on the state
level, and that would be -- those would --
MR. JONES: Well, to the extent that that's between the ultimate
property owner and the state and the county, we can encourage
people to observe those rules. That's certainly something as part of
our education and part of our process in dealing with our customers.
Beyond that, I'd have to discuss that a little further with you and try
to understand better what you're asking.
CHAIRMAN McDANIEL: And I would concur with that
thought process, Jeff. I mean, the enforcement, we need to kind of
keep that over in Code Enforcement and with our folks at this
particular stage.
The Board has been an enormous source of information and
education for people that are conducting short-term rentals and I
think can continue to do so.
And what you're asking isn't an impossibility, but he can't commit to
that right now.
June 25, 2019
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COMMISSIONER TAYLOR: No, no, no. I think --
(Simultaneous speakers speaking.)
CHAIRMAN McDANIEL: The entire Board of Directors of the
Naples Area Board of Realtors.
COMMISSIONER FIALA: Do they have newsletters or
something?
COMMISSIONER TAYLOR: They're willing to do that.
MR. JONES: That's above my pay grade. But we'll certainly
work with you on those kinds of issues.
COMMISSIONER FIALA: I mean, I don't know why we're
talking about it so definitely. We haven't voted on it or anything.
COMMISSIONER TAYLOR: Well --
MR. JONES: You're welcome. Thank you all.
MR. WERT: So, Commissioners, what we have is a framework
here. We have a way to register these, and this could be an online
program that we can -- Jamie's shop can certainly help put that
together so we can register these folks. The State already has that
process in place, so we -- education is really what we need to do to
pull all this together, I think. And I think we've got certainly the
people to work together with Code Enforcement, Sheriff's Office, the
Tax Collector's Office. I think it's all -- the pieces are all here.
We have found a couple of pieces of legislation that perhaps we
can work with Jeff Klatzkow's office to see if we can pull together an
ordinance. They could pull all this registration and enforcement all
together so that we could move forward.
I would just caution you it's going to take a little time to
program this stuff and get going, but the tools are all there ready to
go. So we would just look for some direction from the Board. Can
we move forward pulling all this together with registration and
enforcement, and education is a huge part of how we tell people how
to do this process.
June 25, 2019
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COMMISSIONER FIALA: Do we have speakers?
CHAIRMAN McDANIEL: We have 22 speakers at our last
count.
Thank you, Jack.
MR. WERT: Thank you.
CHAIRMAN McDANIEL: Let's go.
MR. MILLER: Yes, sir. I'll remind the speakers I will call two
names. I'd like you to utilize both podiums, please.
Your first speaker is Valerie Donahue. She will be followed by
Laura Morlock.
MS. DONAHUE: Hi. I'm Valerie Donahue. I am glad to see
that we can do short-term rentals. I've been doing it three years now.
CHAIRMAN McDANIEL: Stay on the microphone, please.
MS. DONAHUE: Okay. You know, it's a new generation that's
coming to Naples. I have had the Entrepreneur of the Year from
Australia. I have young families coming. They're in bed by 8:30,
9:00 o'clock. They're very respectful, and they're very respectful for
the neighborhood and noise.
I just hope that you don't make this too hard on us. I mean, I
was able to step out of my career, retire early, and now I can use that
revenue to sustain my living. And so I appreciate that.
So we're not bad people trying to make money and noisy people.
I have a beautiful house. I have lovely neighbors. I have -- that
support me. And they do rental, too. And now I've met people from
all over the world, and they've asked me to come and visit them, too.
So they bring millions of dollars in. I'm able to support Collier
County. I pay my taxes. I pay a lot of taxes. And I'm willing to pay
the taxes. But don't paint us as the bad people. Thanks.
MR. MILLER: Your next speaker is Laura Morlock. She will
be followed by Muffy Gill.
MS. LITCHFIELD BROWN: Muffy had to leave.
June 25, 2019
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MS. MORLOCK: Good afternoon, Commissioner. My name is
Laura Morlock, and I appreciate you taking the time to listen to us
today.
We purchased property in Collier County strictly for the purpose
of renting, and it wasn't to make a lot of money or to take advantage
but to improve the community that we live in by bringing tourism to
where we live.
And so I just would plead on behalf of the homeowners for us to
decide. We are registered with the Florida Department of Revenue.
We're registered with Collier County. We follow all the rules and do
all of the things that we're supposed to do.
And from -- I've been here since 9 o'clock this morning, and I
feel like it's -- like you guys just want to throw things at us to make
us jump hurdles in order to just survive here and to improve our
community.
So I appreciate you listening to us.
MR. MILLER: Your next speakers -- I believe I heard someone
say Muffy Gill is not present. So Michelle Gorga.
MS. GORGA: I'm going to pass.
MR. MILLER: Did I hear "pass"?
MS. GORGA: Yes.
MR. MILLER: Dawn Leitchfield Brown.
MS. LITCHFIELD BROWN: I'm not going to pass.
MR. MILLER: She will be followed by Michael McCarthy. I
think I'm reading this first name right.
MS. LITCHFIELD BROWN: Greetings, friends, most of you.
Well, all of you, actually. I'm Dawn Leitchfield Brown, for the
record, and I've lived here for 40 years. I've had rental properties
long term. I own four houses on my one little Ridge Street. Rings
any bells?
And I want to -- there seems to be some confusion. Vacation
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Rental by Owner, Home Away, and I'm not sure I don't do Airbnb --
when you set these things up, you have all these parameters for which
you can go by. You can say I don't want -- you know, no nightly
rentals. Three days, seven days are your minimum. No pets, pets,
children, no children.
And you're rated. When you're rated by the people who stay,
you're also -- we get to rate the people who come. So if your place is
a dump, nobody's going to come, first of all. So I think that's very,
very important to know. You have to keep your place up. In fact,
because of 2008, I sold one of my four houses on that street. And
then in, I don't know, a few years later for different situations, I had
to sell another one.
So I have two little houses right next to each other. One is a
boathouse, and I rent it out, Vacation Rental by Owner. Never been
less than seven days, but that's my choice. Immaculate. Wonderful
people. I now have money to support the lawn man, to support the
housekeeper, to support everybody.
And the Vacation Rental by Owner and Home Away sends my
tax dollars directly to you. Now, you don't know that. Because they
have a nondisclosure, they can't tell you where the tax dollars are
coming from, so possibly that connection needs to be made.
I have no problem with registering, but to have me set up a
separate tax ID number and go through all that process on my tax
returns every year and filings with the State, I think that's a bit much.
And I know you're talking about businesses doing this overnight
versus a lot of people in here who have maybe a second home here
like I do, or maybe they have a room in their house, and those rooms
typically take the overflow for all the heads in the beds from the
pickleball when there's no room at the hotels, and that's usually what
happens.
So my other house, by the way -- so I sold one, kept one
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Vacation Rental by Owner. The other one, the new owner rents it
out. It's a long-term piece-of-crap dump rental. Whoops, sorry. It
looks awful, and it has not improved our community, and it's a
long-term rental.
So I think you're getting a small 1 percent really, I think,
burdening the rest of the community who's trying to do a good job. I
do think you should be able to have a registration where you can call
someone. I think that's perfectly reasonable.
But I went through and read everything that you've put out. I
read the PowerPoint. I see there's no negative impact financially to
the county. I see there's no -- oops, that's my time up.
CHAIRMAN McDANIEL: Thank you.
MS. LITCHFIELD BROWN: That's it. Bye.
MR. MILLER: Your next speaker is --
MS. LITCHFIELD BROWN: I know when to stop.
MR. MILLER: -- Michael McCarthy. He will be followed by
Andrea Garcia.
MR. McCARTHY: Good afternoon. My name is Michael
McCarthy. Thank you for hearing me.
I am an owner also. I pay my taxes. I am registered. I have a
specific ID. And I think that -- people that don't do it that way,
they're idiots, because they open themselves up to a lot of holes that
they shouldn't open themselves up to just to save a couple dollars.
Anyways, I came in. I bought a house in Naples Park. I bought a
house that was a little run down.
THE COURT REPORTER: Can you slow down just a little bit.
MR. McCARTHY: Sure. And I poured a lot of money into it.
The neighbors, my neighbors were happy I came in. They're happy
that I rehabbed the house. And I keep control of who goes in there. I
do my best to keep control of who goes in there. So I get thanked all
the time.
June 25, 2019
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Now, I also -- renting that house out, I pay a local
groundskeeper, somebody to clean it. I also -- every year I have to
update my linens and so forth. I dropped off 15 bags of towels and
sheets to DAS and the Paws (sic) last year, so that helps that.
Something I also want to bring up is -- it was just mentioned
about beds and the heads. During season, from what I understand,
there's 10,000 taxpaying VRBOs short-term rentals. Figure each one
of those is probably at least a two-bedroom house. That's 10,000
rooms you would never be able to accommodate during season if you
cut it out. That's business that's not going to come to Collier County.
It's going to go somewhere else. It's going to go to Lee. It's going to
go to -- they're going to spend their money somewhere else if they
can't get it here.
And the hotels have -- they've got a responsibility to their tax --
or to their shareholders, so they're going to raise their rates if they
have the opportunity to do it. And it's just going to make it more
expensive to come down here. Less people are going to come down
here. They're going to go somewhere else.
They'll go to Punta Gorda. They'll go up to Sarasota. They'll go
up to another area.
COMMISSIONER FIALA: Can you keep that up, Terri? You
have to talk a little bit slower.
MR. McCARTHY: I'm trying to get my points in. I apologize.
Something else to consider, too, is you're talking about property
values. Like I said, I came in, I put a lot of money in my place, and I
keep my place up.
In '10, '11, '12, you had a lot of hedge funds, a lot of private
investors that came in, and they purchased these houses that were
going into foreclosure, and they've -- over the last couple years,
they've been getting out of them, and they've been selling them to
people that are buying these properties specifically to rent them out
June 25, 2019
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short term.
Most of these people, if you get rid of the short-term avenue,
they will not be able to afford to keep these properties. They're going
to have to sell them because it's a -- now it's a losing proposition for
them.
So if you're taking, say, of that 10,000 taxpaying, say you take
2,500 of people that have to sell, and now you put 25 -- not 25 units
or 2,500 units on the market, 2,500 extra units that you're going to
throw on the market, and those are people that they have to sell.
You're going to -- areas like Naples Park, you're just going to destroy
the property values.
Thank you very much.
MR. MILLER: Your next speaker is Andrea Garcia. She will
be followed by Caroline Rusher.
CHAIRMAN McDANIEL: Oh, the baby.
MS. GARCIA: Hi. I'm Andrea Garcia. I have my little
daughter Lilly. Thanks for putting up with us today.
I really don't have an agenda and, to be honest, I'm not super
informed of everything that's going on.
I am a homeowner here. I bought a distressed property that had
been on the market six months. Nobody was interested. My husband
and I moved from Miami because we wanted to start a family in your
fabulous community.
She arrived five weeks early, and I have unpaid maternity leave,
so we rented out a room in our house to cover some of my lost
income, and it's been great. I mean, I used to travel for work, and I
would stay in hotels, and it was never like a nice, cozy feeling.
You're pretty lonely, and now I get to meet people that are here doing
the local art fairs, exactly, doing the pickleball tournaments.
Like, I've had a lot of fun people. They're not coming to Naples to
party. I don't know if you're aware, that's not really the reputation we
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have here. They're coming here to enjoy the outdoors, the trails, the
Everglades.
And so I guess I just got wind that perhaps that was going to be
something that was taken away, and I don't really understand. I'm
here with -- I also talk really fast. Sorry.
I'm here with a beautiful woman that I met four years ago as
roommate. So I guess if you're going to regulate short-term rentals --
and maybe I should be more informed of the terminology, are we
then regulating roommates too? Because we never had a contract.
Her and I just met each other on Craig's List, and I moved in with
her, and we've been friends four or five years. We both own
properties and rent out rooms.
Are we also going to be regulating people who are roommates?
I mean, that's basically what vacation -- that's, like, my version of our
vacation rental.
So that's just what I wanted to bring to your attention; that it's
not just someone coming in making a big old profit. It's actually just
a mom trying to take care of her baby and opening up my doors to
people. I'm not opening it up to crazy, weird strangers. They have to
be verified. They have to have profiles.
I pay my taxes. Just like they said, it's automatically taken out
off the top for the tourist tax. And I don't know. I love doing it, so
I'm glad to hear that we'll be able to continue. And I would like as
least amount of regulation as possible, because I don't know where
that would really end then, you know. I feel like it's an
entrepreneurial position for capitalism here, right?
I also sell skin care. You want to get a piece of that too? I don't
really know where it stops.
So I'm just here to let you know it's my home. There's no crazy
partying going on. My neighbors love it. We've been able to paint
the house, resod. We have termites that have been there over 10
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years now. We're able to tent our house next month, and these are
things that there's no way my husband and I would be able to afford
this on top of a mortgage, student loans, a new baby. I mean, it just
would be unbelievable.
So I'm grateful for the opportunity to be able to open up my
home, allow people to come in and be able to fix up my property.
My neighbors definitely don't complain. They're all really happy.
Our parking is accommodated in our driveway.
And, yeah, I don't know -- I don't know what the downsides are.
I see nothing but great things from it. So hopefully you guys can too.
Thanks for hearing me. I appreciate it. Sorry I talk so quickly.
MR. MILLER: Your next speaker is Carolyn Rusher. She will
be followed by Brad Estes.
MS. RUSHER: Hi. I'm Caroline Rusher.
So I -- in Hurricane Irma, I had nowhere to live because I was
on a sewage thing that was electrically pumped, so for two weeks I
had to live in my car, and it was Airbnb that I actually finally got to
do.
So I had -- we stayed in a place for a couple days on Airbnb to
get out of our cars, and that's when I started Airbnb'ing, because I
realized it was not only me that was being affected by this. I had
FEMA people stay there. I had tree cutters stay there. I had linemen
stay there. I had amazing people that were here to help this
community, not the opposite.
The rarity of somebody actually causing problems on Airbnb is
so little because of the reviews. They'll never be able to stay
somewhere ever again because nobody will allow them.
So I think that we already have noise ordinances. We already
have policing in effect for the things that you're trying to stop. So I
don't think any of the short-term rental people here would think that
that's a bad thing.
June 25, 2019
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The average person in Collier County makes $6,500 a year on
Airbnb or something else. It's not 70,000. It's not 80,000. It's
$6,500. So if you're going to regulate that small amount of money,
you're taking it out of regular people that are just trying to make a
little extra income. It's not -- it's not the big companies that are going
to suffer. It's the little people that are just making a little bit extra
renting out, you know, a room or a shed or whatever. Like, that's
what it is, in reality.
So I mean, the things that you have talked about this whole time
is to protect people and to protect people at the bottom who, you
know, maybe have a fixed income. Those are the people that are
going to be affected. It's not the corporations. It's not the people that
do this for a living. It's the people that do this for an extra income,
the fixed income person who's renting out, you know -- they have an
in-law suite. They're the ones that are going to be affected. So that's
my two cents.
MR. MILLER: Your next speaker is Brad Estes. He will be
followed by Jaima Emmert.
MR. ESTES: Good afternoon. Brad Estes for the Poinciana
Civic Association.
I'm a bit in a shock. I left here last time with a County Attorney
saying there was -- the six-month minimum was law, and I haven't
heard anything different since then.
And I can tell you we deal with rentals. We have 102 in
Poinciana Village, 26 percent, and they're a constant issue. Some are
not, but many are. They rack up about three times the number of
issues relating to community standards than owner occupied.
So I don't want to progress on this or proceed on this before we
really understand what this is going to do to the traditional family
neighborhood which doesn't have deed covenants. We do not have
deed covenants. And there are a number of communities that don't
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have deed covenants that cannot control that. So there's control on
this.
You go up and down Airport Road, you go up and down
Goodlette Road along those on the west of Goodlette. Can they
control their destiny? No. They depend on Collier County to protect
their lifestyles. This is a quality-of-life issue; this is a quality-of-life
issue.
You know, the stranger next door, the community with
strangers. The Florida League of Cities called it about the hotel next
door in their paper objecting to what the State was attempting to do.
So I'm -- you know, I'm at a loss for words. I don't know what
the future of our community is going to be. We're a family
community -- we're a family neighborhood, and people want to go to
bed, have peace and quiet. They don't want people coming in all
hours of the night. They don't want strangers who don't know how to
do about the trash rules. They don't want strangers who don't know
about the noise, the parties. We had a beach -- we have them now.
We have them now, and they're a real problem.
We had a pool party, I think I told you last time, and they were
jumping off the roof of a house into the pool. Now, how are you
going to regulate that? Are you going to have a second -- I think you
need a second shift on Code Enforcement. These violations occur at
night, in the afternoons and nights.
So I think really -- and the last thing I would say is I'd like to
know what planning has to say about this, Mike Bosi and his staff.
What's the future of our traditional neighborhoods? I mean, you've
got gated communities that control their future, but there are probably
dozens of communities that cannot.
Thank you.
CHAIRMAN McDANIEL: Thank you, Brad.
MR. MILLER: Your next speaker is Jaima Emmert. She will
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be followed by Michelle Mace.
MS. EMMERT: Thank you, Commissioners, for listening
today.
I live in Parkshore, and I started renting about a year and a half
ago. And I just want to say it's been very positive. I'm a widow now.
And I started doing it to try to supplement my income because I
like -- really like where I live.
And it's very -- and I've never had a problem. We have very
nice people who come. They're usually -- we don't have -- I've never
heard of anyone having any loud pool parties or anything like that
where I live, and they're all very nice people who come from Europe,
very clean. And I pay all my taxes.
And, you know, the purpose -- when my husband was alive, we
actually wanted to live in Parkshore because there was no HOA,
because we lived in the area before, and there was just so many
negative things about it. We wanted to live in an area that we could
do whatever we wanted to our house, make it beautiful, which I have
worked on improving it. And the people who come really love it, and
it's very quiet, and that's why they want to come back to Naples.
And it's really interesting about the pickleball, because I've been
hearing a lot about that. And I've -- since I changed my rental, I got a
notice, and I changed it. I always did seven days plus, because most
people come to Florida in the summer. They want to come for a
week or two weeks on vacation. People don't come for a month.
You know, we're losing people to other areas of Florida, which, you
know, we want them to come and pay the -- you know, we need to
pay the taxes and them eat at the restaurants and all that. I mean, last
summer was hard enough with red tide alone during the summer.
So -- the thing is about -- I also pay insurance for the people
who come. I pay all these extra fees already, and I hope we don't
have to pay, you know, with all the other -- it's already 12 percent tax
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that we pay now for the tourism and state, plus that 1 percent.
Anyway, those people really love coming here, and I just hope
we can keep -- I can keep doing this to support myself as an income
and also so they can enjoy Naples, because they really love it when
they come, and I think it's improving tourism greatly.
Thank you.
MR. MILLER: Your next speaker is Michele Mace. She will
be followed by Susan Auren.
MS. MACE: Hi. My name is Michelle Mace. Thank you.
MR. MILLER: Sorry.
MS. MACE: That's okay. I shortened it as much as I could.
CHAIRMAN McDANIEL: Michelle Mace. How about that?
MS. MACE: So I was lamenting one day to one of my children
about -- I travel a lot. I am a developer of continuing ed for a
massage therapist, and I train outside the state as well as inside the
state. And I was lamenting how much it was costing me to stay in a
hotel that I'm not even in. And I have to be in a hotel that's in a safe
area, and I was paying, like, $400. And he says, Mom, why don't you
just do Airbnb? And I'm like, what is that? So I --
CHAIRMAN McDANIEL: There's an app for it.
MS. MACE: Yeah. I found my -- I did my first one in Texas
for $35 a night. And I'm, like, oh, my gosh. I could not get a hotel
that I would need a machine gun and a bug bevy to stay in for that. I
thought it was great. So I've been using it for years.
And then my parents moved in with me, and my dad passed
away about three weeks after they moved in. And my mom, you
know, after being married to someone for that long, is used to
managing somebody. And we thought, well, why don't we do this in
our home. We have this room, and she can manage it. And she lives
on a fixed income -- so that she can manage that instead of managing
us. And she gets to meet all these people from all over, and it's been
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wonderful.
So we're hoping that you do not penalize us on this. And it is a
room. And I'm, like, thinking they're like -- we are two different
issues here. We have people who have rooms, and then we have
people who have full houses. I don't want to see you regulate either
one of them. But when you're in your own home, I'm thinking, I
don't want people regulating what I do in my house. We're on the
property. Nobody does anything wrong because we're right there
taking care of everything. So there's no issue with that. And it's been
going really, really well, and I hate to see that taken away from her.
It makes me think there's -- you know, we have the First and
Second Amendment, and there's a Third Amendment that most
people don't know what that is. And I think about it often, because
it's like it was so important that they made it the Third Amendment,
and it was not to have to quarter soldiers in your home. Basically so
the government can't come in and take over your home and tell you
what to do inside of it.
And I'm starting to feel that reach inside my home around my
throat. And you're going to start telling me which side of the bed to
sleep on, okay. I believe in, you know, good rules. But you can
overdo it. So thank you.
CHAIRMAN McDANIEL: Yes, ma'am.
MR. MILLER: Your next speaker is Susan Auren.
UNIDENTIFIED SPEAKER: Left, had to leave.
MR. MILLER: Rob Thomas. Is Rob Thomas present?
(No response.)
MR. MILLER: All right. John Pineros?
CHAIRMAN McDANIEL: Not here either.
MR. MILLER: Alexsandra Yonka?
(No response.)
CHAIRMAN McDANIEL: Nope.
June 25, 2019
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MR. MILLER: All right. Bruce Campbell. He will be followed
by Patti Campbell.
CHAIRMAN McDANIEL: Rebel rouser.
MR. CAMPBELL: Yeah. I'm Bruce Campbell, and I've had
properties here for four years and rented them out.
You know, I don't know if Collier County representation -- if
you guys are aware of the detrimental financial effects to some towns
that have had heavy regulation done by the town on the VRBO or
Airbnb. And you can Google it, check it out, but a lot of towns have
really been hurt. You know, gift shops, real estate offices, coffee
shops, and restaurants have been decimated in several towns because
of what you guys are looking to possibly do: Limit things and
regulate things.
So that's gone on. If you think I'm -- you know, talk to any
realtor. I've talked to a bunch of them over the last couple of months,
and they are crying the blues about this, and it's not -- you know, the
gentleman that was here to represent it, he's got to play politics, but I
just think it's dangerous -- a dangerous thing that you guys are trying
to, you know, pull things towards.
And most of the Airbnb and VRBO, they regulate their people.
If you're a good renter, you get good ratings. If you're not, you don't.
And it works both ways. So they regulate it very well.
Everybody that we've had has been excellent. People from
around the world, world-class people and, you know, a lot of the
people from around the world that come here to spend their money.
And I think a lot of the local businesspeople will feel a lot of pain if
there's a lot of -- if there's a lot of regulation and a lot of limitation
that's put on.
So, yeah, there's a lot to be said, and a lot of these people said a lot of
great things. But it's -- it feels like it's a heavy regulation, and you
guys really want to push it in that direction. It just seems unusual.
June 25, 2019
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MR. MILLER: Your next speaker is Patti Campbell. She will
be followed by Deb Laschley. I hope I'm getting that first name
right.
CHAIRMAN McDANIEL: Who else? One second,
Ms. Campbell. Who's the next?
MR. MILLER: After Ms. Campbell, Deb Laschley.
CHAIRMAN McDANIEL: Not here.
MR. MILLER: Vincent Velasquez. So you'll be next, sir.
Ms. Campbell?
MS. CAMPBELL: Well, thank you all for giving me the time to
talk.
A lot of what they had said I'm going to reiterate, but it's -- I
think it's important for you to know that it's not just this person who
said this, this person who said this. So many of us have a common
situation here.
And, you know, one of them that Bruce and I noticed -- and
even just walking down Fifth Avenue for exercise, you see there's
people who are here -- the ones who are spending the money in these
touristy areas are international people, people who are here visiting
more so than the residents, I'd say.
And, you know, a lot of them want to stay a week or two. And,
you know, again, the 30-day thing just seems like it's really going to
hurt a number of things. People will go to other areas to spend their
vacation time potentially. So it could have tough effects on the local
economy in Collier County, which we know.
I was actually told by a realtor that I was talking with on the
road the other night, and she had said to me, you know, maybe you
want to continue to look in other areas like Lee or Charlotte County.
So, you know, again, that's something that -- you know, these are
people who are being selfless and honest with me saying, hey, you
know, this may be what you want to do if there's going to be so many
June 25, 2019
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regulations in Collier County, and I think this is a lovely place, and
we want to keep it that way.
We also want to share it with people, and that's what we've
done. Bruce and I have had properties for four years, and we've had
people who have come in for the pickleball tournament. Again, that's
a short-term stay. Where are all those people going to go?
So, you know, it's just -- our neighbors know who -- that we
have rentals. They're okay with it. They've befriended some of our
people who have stayed with us to the point where they have
continuing relationships with people. So there's that side of it, too.
It's -- you know, rather than just having a blanket restriction,
we're doing this as -- you know, to show other people what we have
here, and we'd love to share it. And we give really good service. We
take care of people to the point where we've had multiple people
who've stayed with us for a week or two that decided, wow, we love
it here. You treated us so well. The people are nice. We love the
place. We want to buy in Collier County.
So that's just something to think about. Not something that I'm,
you know, asking your opinion on, but I just want you to know that,
you know, this is the other side of things. It's not all about our
pockets, okay. Sometimes it's just about servicing others and helping
them to have a good time. So we haven't had partiers either, by the
way. Thankfully.
MR. VELASQUEZ: I'm Vincent Velasquez, and I am a
homeowner here, and I do the same thing these folks do twice a
month out of the year.
But let me tell you this: I'm a neighbor to a person that rents to
weekly individuals at will. And I'll tell you, they come and destroy
the place. They're here for seven days. We have no-truck-parking
policies. We've put notices on their trucks not to park. They take it
off and put it back on the president's window.
June 25, 2019
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You know, Naples is a beautiful place whether I'm here or not or
any of these other people are here, because that's why we're all here.
I don't care if I leave or not. I'm not going to dangle flashes of money
in front of anybody.
The thing here is respect. And I'll tell you, we need to have
monthly rentals. If you want to have a seven-day, you know, golf
pass, I get that. And, you know, name your association (sic) the
vacation rental policy. But it can't be an association where, you
know, my wife stays there, the neighbor lady with two kids, her
husband's gone, the elderly people next door, and, you know, some
guy or some lady pulls up for seven days. God knows who they are.
I don't know -- we've spoke to the owner of that unit. Collier
County was up here, their code enforcement. We called them up on
it. I might as well have just talked to this board right here because,
you know what, there is no support.
We had to work our butts off to even get them to acknowledge
that this lady was renting illegally in our facility. Our association
don't have the funds and the resources to go hire a lawyer and get
somebody from Canada down here to correct the situation whether
they're in state or out state. We don't have that kind of money.
Collier County can't enforce all this. They don't have the teeth
and the bite to bring them to court. These folks do the best they can.
We can't make this a realtor association, hold everybody in Collier
County responsible.
It's our duty as homeowners. You want to tax me for renting?
Tax the hell out of me, because that's how we're going to follow the
rule. These people are having a good time making a lot of money.
They're blessed to have other homes. Some people only have one.
You know, tax the hell out of me. You know what I mean? Because
that's the way it is.
And if you don't like it, go to Lee County or go to someplace
June 25, 2019
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else, but, you know, Naples is going to be after I leave. And thank
you for your time.
MR. MILLER: Your next speaker is Doriel Hess. She will be
followed by Renee Haag.
CHAIRMAN McDANIEL: Is Rene here?
(No response.)
CHAIRMAN McDANIEL: Is Rene here?
MR. HAAG: Yes.
CHAIRMAN McDANIEL: Come on up to the mic, please.
MS. HESS: Hi. I'm Doriel Hess, and I've been here before
speaking to you about the short-term rentals. I love everything that
last fellow said.
You know, people that are standing up here saying they are
renting out their investment homes to bring more people in, that's
why there are hotels. We don't have to use single-family homes for
short-term rentals. We really don't. I just think it's a terrible thing.
What I think is a good thing is the way you're investigating
things that we can do. You know, we pride ourselves on being
Naples and being special, and we kind of look down on Miami.
Well, the City of Miami and Miami-Dade are stepping up to try to
stop or put some kind of limits on the short-term rentals.
Now, I know we can't do anything; we can't change from the six
months to one month. I wish we could, but at least registering the
people so you know who is in the house is an important thing.
You know, I don't have the protection of the HOA because our
HOA president rents for limited periods of time. So that's not going
to happen. That's not going to change in our development.
So if you could register them and have some kind of licensing,
at least you know who is in the house.
So I thank you for your efforts. I appreciate it, you know, for all
that you do. Thank you.
June 25, 2019
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MR. MILLER: Your final registered speaker for this item is
Rene Haag.
MR. HAAG: Yes. My name is Rene Haag. I'm originally from
Switzerland. Moved to the United States in 2012.
And I and my wife, we built a vacation rental business from
scratch with all our savings we brought here, and I think we should --
it's a great business. It's a solid business. It's something that's really
appreciated. Short-term rentals are happening all over the world, and
also they should happen in Naples.
Specifically, when I think of European tourists, they like to
travel individually. They -- many, many European travelers prefer
vacation rentals over hotels. A little bit different than maybe
Americans do.
And we should not forget that with vacation rental business, if it
wants to be successful, you have to have great reviews. This means it
has to be -- the place has to be in great shape, better than the other --
the other properties around you. And this can be an upgrade for the
community as such.
And let's not forget that we've referred so much business into the
local community, like boat rentals, like bicycle rentals, the local
restaurants and such. Those are all important factors that we should
not forgot, and we should not demonize the business.
Maybe there are some outliers. There are always outliers in hotels.
You will find them, and -- but it's a solid business. Thank you.
CHAIRMAN McDANIEL: Thank you, Rene.
MR. MILLER: That was your final registered speaker for that
item.
COMMISSIONER TAYLOR: I'd like to make a motion that we
direct staff to develop an ordinance incorporating these regulations.
We can't vote against it. We don't have the power.
MR. KLATZKOW: Which regulations would you like?
June 25, 2019
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COMMISSIONER TAYLOR: Well, the idea of the registration,
the procedures to try to at least do something for short-term rentals.
So it would be the procedures for registration. What else? That's
about it.
MR. WERT: Enforcement was another.
COMMISSIONER TAYLOR: And enforcement. We would
have to develop some kind of enforcement layers --
MR. WERT: Penalties and so forth.
MR. KLATZKOW: Well, enforcement is your code. You're
going to have the same code on these as you have against everybody
else. Do you want a local representative for these?
COMMISSIONER TAYLOR: Local -- for each vacation
rental?
MR. KLATZKOW: Uh-huh.
COMMISSIONER TAYLOR: Absolutely.
CHAIRMAN McDANIEL: Do we need to actually do an
ordinance on this, or can we just give direction to staff today and
have them go forward and do it?
MR. KLATZKOW: If you want people to have a local
representative, you need an ordinance.
COMMISSIONER TAYLOR: They need a local representative.
CHAIRMAN McDANIEL: Can we just make that a criterion on
the application process for registration?
MR. KLATZKOW: You've got no -- no ability to enforce that.
COMMISSIONER FIALA: So let me ask what you mean by
local. Do you mean that you have a person to call in case there's a
problem, trash or something? Somebody that will answer the
telephone?
COMMISSIONER TAYLOR: Yes. There's someone here in
Collier County that's responsible.
COMMISSIONER FIALA: That will be responsible.
June 25, 2019
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MR. KLATZKOW: Because your problem with this is going to
be you're going to have out-of-country investors buying these things
more and more. And if you have somebody in Europe, Asia buy a
number of homes here and they're renting it out through Airbnb --
CHAIRMAN McDANIEL: Well, I'm all for the registration
process having a local county representative for that. I understand. I
just was trying to get to the semantics of the actual -- whether we
actually had to have an ordinance or whether we could just give
direction to staff.
MR. KLATZKOW: If that's what you want, it's a one-page
ordinance.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: Anything else, Mr. Wert, that
we've omitted in this process?
CHAIRMAN McDANIEL: Registration.
MR. WERT: Registration, enforcement, and penalties as part of
that enforcement.
COMMISSIONER FIALA: Can you -- is there some way to
prevent them from using it as a halfway house? That's what's
happening next door to my girlfriend. And they're renting it to these
girls who are at a halfway house. I don't know if you can do that or
not.
CHAIRMAN McDANIEL: No.
COMMISSIONER TAYLOR: That's a code issue.
CHAIRMAN McDANIEL: No.
COMMISSIONER SOLIS: You know, I think this is something
we have to take a step at a time, and we have to see -- there's going to
be unintended consequences if we start taking giant leaps with this.
We already went through that once.
So I think the staff's made a recommendation that we direct
them to go forward and bring back whatever they need to bring back
June 25, 2019
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to do this, and I think that's -- probably we should --
COMMISSIONER TAYLOR: Yes, as an ordinance.
COMMISSIONER SOLIS: -- start there.
COMMISSIONER FIALA: Then tackle something if it comes
up.
COMMISSIONER SOLIS: Yeah.
COMMISSIONER TAYLOR: And, you know, I'm -- is that --
are we all --
COMMISSIONER FIALA: Yeah.
CHAIRMAN McDANIEL: Let's do the motion.
COMMISSIONER SAUNDERS: Yeah. Let's restate the
motion so that we all know what we're talking about and audience
knows what we're talking about.
I will say that the reason this thing really got started was because
there were a certain small number of what I'll describe as bad actors
that were renting their homes on a daily basis, they didn't care who
they rented to, and the people that were in those homes didn't care
how much noise they made, and it was making life in some
neighborhoods very, very difficult.
And the goal initially was, let's try to make sure that Code
Enforcement is out there enforcing our codes to make sure that those
types of rentors are complying with our codes.
And so I think this would be a good step to require registration,
but I think we need to restate the ordinance so that -- or the motion so
we understand what we're voting on.
COMMISSIONER TAYLOR: Okay. Let me restate it. I'd like
to direct staff to develop an ordinance that would incorporate a
registration process in detail and also the enforcement arm of that.
Am I missing anything else in this?
COMMISSIONER SOLIS: And the local representative.
COMMISSIONER FIALA: The person to be responsible.
June 25, 2019
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COMMISSIONER TAYLOR: And to include a local --
MR. WERT: Point of contact.
COMMISSIONER TAYLOR: -- point of contact, yes.
MR. KLATZKOW: You've got a timing issue here. Is this
okay to bring back in the fall?
COMMISSIONER TAYLOR: I don't know why not.
MR. KLATZKOW: I don't have an ordinance to advertise right
now.
CHAIRMAN McDANIEL: Our staff's already moving forward
with these activities.
COMMISSIONER TAYLOR: That would be fine.
CHAIRMAN McDANIEL: I mean, my conversation with Code
Enforcement and the like is I think it would be fine for us to
formalize that when we come back in the fall.
COMMISSIONER SAUNDERS: I would agree. I think trying
to do something on July 9th would be just rushing it too much.
CHAIRMAN McDANIEL: So you're going to second?
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN McDANIEL: It's been moved and seconded that
we develop the ordinance that will enhance the registration, have a
contact person locally, and review the penalties for the violations.
COMMISSIONER SOLIS: Could I just say one -- I don't want
to beat a dead horse but, you know, I heard something today that
really made me think. You know, we have people that are renting out
their homes while they're there.
CHAIRMAN McDANIEL: Oh, yeah.
COMMISSIONER SOLIS: You know, and that's -- I can't
imagine that those are the people that are having keg parties.
CHAIRMAN McDANIEL: They're not.
COMMISSIONER SOLIS: Because keg parties every day gets
old after a while. You know, I think we have to be very, very careful
June 25, 2019
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with how we deal with this, because these are people's lives, and
these are -- this is the way people get along, and, you know, people
on fixed incomes and things. So there's a lot of different situations.
And I'm glad we're just going a little step at a time and that we've
given this more thought. So thanks. And I'll support the motion.
COMMISSIONER TAYLOR: And, you know, just -- let me
give you the other side of the coin. I was sitting at an ENCA
luncheon, and some folks tapped me on the shoulder and said to me,
you know, it's just -- I'm really -- we're really upset because we live
in Winding Cypress, and they -- we don't have enough people, so the
developer's, you know, controlling the covenants of the property, and
they just changed the rentals from no less than three months to
weekly and daily.
And I said, really? Send me the information. So sure enough
those -- they're for sale. The covenants were changed. So there's no
coincidences in this life, I don't believe.
So I open up the paper one morning, and there's Winding
Cypress. And Winding Cypress is advertising that they have finally
sold their -- to their 500th buyer. And what does the buyer say when
he walks into this residential community? It's just like a resort.
So now we have developers like Pulte who own -- who's
developing Winding Cypress who can't sell their properties to people
like you and me to live in, so now they're marketing them. And
suddenly our community is turning into an investment community,
not a residential community with family values. And that's why this
is such a serious thing.
CHAIRMAN McDANIEL: And there's Mace's mom, the one
that's not managing her family anymore. Mace was the lady --
UNIDENTIFIED SPEAKER: That's me. I love to manage. I
was a nurse. You know, I've had a lot of experience. Need some
help?
June 25, 2019
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CHAIRMAN McDANIEL: She was one of our speakers. I
looked out there and saw the lady's mother that was sitting there.
So it's been moved and seconded that we develop that resolution
and bring it forward in the fall.
Is there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #11C
RATIFYING AN AGREEMENT FOR SALE AND PURCHASE,
AMENDMENT TO AGREEMENT, AND APPROVE A SECOND
AMENDMENT TO AGREEMENT AND POST CLOSING
AGREEMENT WITH ROBERT VOCISANO AND MARIO
VOCISANO FOR THE PURCHASE OF THE GOLDEN GATE
GOLF COURSE LOCATED AT 4100 GOLDEN GATE BLVD,
NOT TO EXCEED $29,115,120 AND APPROVE ANY
NECESSARY BUDGET AMENDMENTS - MOTION TO MOVE
FORWARD WITH PURCHASE, CLEAR UP ACCESS
EASEMENT AND OMB TO DISCUSS FUNDING AT NEXT
MEETING – APPROVED; MOTION TO CLOSE ON PROPERTY
AND MAINTAIN AS OPEN SPACE – APPROVED
June 25, 2019
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MR. OCHS: Mr. Chairman, I'd like to take Item 11C at this
point, if we may.
CHAIRMAN McDANIEL: Of course.
MR. OCHS: Yes, sir.
Ladies and gentlemen, if you could leave quietly, please, so we
could continue business. Thank you.
Commissioners, 11C is a recommendation to ratify an
agreement for sale and purchase, amendment to agreement, and
approve a second amendment to the agreement and post-closing
agreements with Robert Vocisano and Mario Vocisano for the
purchase of Golden Gate Golf Course, and approve the budget
amendments.
Mr. Casalanguida will present.
CHAIRMAN McDANIEL: Before you go, Commissioner
Saunders wants --
COMMISSIONER SAUNDERS: Let me -- we have two
separate issues here. One is the motion to move forward with the
acquisition, which would require a supermajority vote, because the
average price -- the price of the property is slightly higher than the
average price of the appraisals.
And then once we make the decision to move forward with the
acquisition, then the next item under this agenda item is whether or
not to continue operating the facility as a golf course.
And so what I'd like to do is get to the second item quickly by
making a motion to move forward with the acquisition. Staff has
done an incredible job of negotiating the deal. I think everyone
agrees that this is very important not only for Golden Gate City,
which it is extremely important for Golden Gate City, but it is
important for Collier County as a whole. It's 167 acres in the urban
area. We're not going to have an opportunity to have a piece of
property situated like this.
June 25, 2019
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So I'd like to make a motion to move forward with the purchase
as step one.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: Third.
MR. MILLER: Mr. Chair, I do have one registered speaker for
this item.
CHAIRMAN McDANIEL: Okay.
MR. MILLER: Do you want to hear that now before that vote?
CHAIRMAN McDANIEL: Of course. For this item or for
the -- well, yes, I do want to hear the public speaker.
MR. MILLER: David Marren.
COMMISSIONER SOLIS: He might want to speak to the
second part, or no.
CHAIRMAN McDANIEL: We'll let him speak twice if he
doesn't get his --
MR. MARREN: Good, thank you. My name is Dave Marren.
I'm the President of Fairways at Par 1 Homeowners' Association.
On the first subject, the acquisition of the golf course, I'm very
pleased, and our families and homeowners are very pleased of that
motion to move forward with that purchase.
And I know you've all done a lot of work in investigating and
looking at the properties, and I think it's an asset to the community.
The second part of the proposal is what to do with the land
afterwards. And I know everybody's got something in their agenda
that says here's my pet project. Don't forgot it was built as a golf
course. Don't forgot that golf course is an asset to the community.
Don't forgot that that golf course is a place where people and young
people, old people, retirees, families can engage in recreation. It's a
wonderful asset.
I think that anybody that has been there and played golf realizes
that golf teaches many of the assets that we look forward in growing
June 25, 2019
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our communities with: Honesty, integrity, all of those good things.
From an economic perspective, I think the golf course and
maintaining the golf course in some form is a tremendous asset, and
it fits as well into the plan of moving forward with this
redevelopment of the Golden Gate area.
I think it's a step in the future. I think you're opening a door to
the future and revitalizing that whole area. I think the golf course
will fit in with the plans you folks have. I think that it's an asset to
the sports complex that's going up. And we certainly as homeowners
located in the center of the golf course appreciate the work that you
guys have put into it. So thank you very much.
CHAIRMAN McDANIEL: Okay.
MR. MILLER: That was your only speaker for this item, sir.
CHAIRMAN McDANIEL: Okay. And since we bifurcated the
motion --
MR. CASALANGUIDA: Mr. Chairman, if I could just get
clarification on a couple items in the motion, which I understand
there's one post-closing agreement that's got the access easement.
We'll include that in the motion; approve that as well, too.
Your OMB Director is going to come back on July 9th with your
special tax bond coming forward to fund this, and then with the
purchase, we'll begin the zoning and public outreach.
County Manager and County Attorney will also need a little bit of
leeway to clean up the access easement prior to closing. And if you
put that all in your motion, I think you cover us for closing.
COMMISSIONER SAUNDERS: Mr. Chairman, I'd like to
include that in the motion if the second is in agreement.
COMMISSIONER FIALA: Second.
COMMISSIONER SOLIS: Absolutely.
CHAIRMAN McDANIEL: Okay. I'm not going to try to repeat
all that. It's been moved and seconded that we do what Nick
June 25, 2019
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said. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. CASALANGUIDA: To the second part of that item that's
there, there are two items in the post-closing agreement that relate to
ongoing operations, and it's options for the Board. One item is to be
able to lease property within the golf course if you wanted to run the
facility yourself, and the second item allows you the ability to have
the same firm that currently runs the golf course continue to run it.
The cost is about $30,000, plus every quarter you'd reconcile
any under or overage, get credit or debits and reconcile with the
owner.
That's terminable on a 30 days' notice up to two years. So that is
an option for the Board to consider if they want to continue that
operation for a period of time. And they're not required to, but it is
an option for you to consider.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yeah, just a question. If we don't --
if we don't retain them at $30,000 a month, would First T operate --
or the other company instead do it? They weren't really going to
charge us anything, were they?
MR. CASALANGUIDA: Well, I think the expense is to cut the
grass and run the operations. There's an expense side of the house, so
June 25, 2019
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if you wanted us to move forward with another firm, we would
certainly bring that forward or do some sort of outreach to do that.
But right now that's not on the table. We'd have to go out and solicit
for that.
CHAIRMAN McDANIEL: I had a question. In the acquisition,
we get all the assets, the mowers, the golf carts, the soup to nuts,
everything except for the -- except for the hotel -- or the clubhouse
area specifically?
MR. CASALANGUIDA: Correct. End of this month they have
to provide a list of assets through our office to real property, and we'll
review that. That will be part of the closing.
CHAIRMAN McDANIEL: And I have to say out loud I'm not
comfortable -- where are you going? Was I okay?
I'm not comfortable with the leaseback scenario with the 30,000
a month and a true-up every quarter without any say-so in the
revenue and expenses. That bothers me. I see that being a can of
worms that we could get into a lot of trouble.
I find it interesting that the seller's willing for us to pay him
$30,000 a month to run it and true it up, but then he wants to rent it
back from us for a dollar.
COMMISSIONER FIALA: Now, what was that -- Bobby Jones
also gave us an offer, didn't they?
MR. CASALANGUIDA: No. There's no other offer to run it.
We've just had some conversations with them for us to solicit a firm
to do that, and we could bring it back to the Board if that's the
Board's direction.
CHAIRMAN McDANIEL: Right. That was the discussion
about the Bobby Jones Golf Course up in Atlanta.
COMMISSIONER FIALA: Well, I think that they sent us a bid
also.
CHAIRMAN McDANIEL: Oh, they did? I didn't hear about
June 25, 2019
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that, so...
And I don't want to, I mean, get too far down the road here.
We've got a discussion -- I mean, now we're into the post-closing
discussion as to how we're going to continue on with the operations
of the facility. How do you all feel about the post-closing?
COMMISSIONER TAYLOR: Do we need to carry on with the
operations of the facility, or do we need to make it accessible for the
community to use it as a park and a recreation area until such time as
we plan the area?
CHAIRMAN McDANIEL: You have to -- a little bit of
knowledge of golf courses that I know, you've got to keep it as a golf
course, because once you start it into a park, the cost to bring it back
is enormous.
COMMISSIONER FIALA: And people use it regularly, right?
MR. CASALANGUIDA: We've evaluated that --
COMMISSIONER SOLIS: I think the -- my light's on.
You know, I think the decision right here is post-closing do we
want to pay $30,000 a month to maintain it as a golf course? And
I've said from the beginning that's a way to lose a lot of money, and
I'd be against that.
I think if the other alternative is to close on the property and just
do some minimal maintenance, mowing, you know, keep it looking
nice for the residents that live around there until we determine what
we're going to do, whether -- whatever we're going to do with it in the
future.
CHAIRMAN McDANIEL: Maybe go out for bid with another
operator.
COMMISSIONER FIALA: That's --
COMMISSIONER SOLIS: For a golf course?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SOLIS: I'd be against that. Golf courses
June 25, 2019
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lose money. That's why they want to sell it or turn it into something
else.
COMMISSIONER FIALA: Well, maybe it needs to be
managed by a separate company --
COMMISSIONER SOLIS: Well --
COMMISSIONER FIALA: -- because the ones -- how about
you, Burt? I think the ones we've heard from seem to feel that they
can operate it, and we won't lose any money, and they won't either.
COMMISSIONER SAUNDERS: Well, I think there's a couple
issues here. First of all, the $30,000 a month is really just the start as
to what it would cost us. I think Nick has kind of evaluated this and
figures it's going to be closer to a half a million dollars a year in
operating losses. Now, that's not the end of the story necessarily, but
also, in addition to that, I believe the golf course won't even open up
again until October.
MR. CASALANGUIDA: September, October, sir.
COMMISSIONER SAUNDERS: So it's going to be closed a
few months, and that's because the owner understands that there's not
a whole lot of business out there right now.
And so what I think -- and there's some other exciting types of
golf opportunities that might actually be something for us to consider
down the road.
And so what I would suggest is that we -- I agree with
Commissioner Solis with the exception of one word that he said, and
the one word was "minimal." I don't think we should do minimal
maintenance. I think we should keep it looking nice.
COMMISSIONER SOLIS: Keep it looking nice.
COMMISSIONER SAUNDERS: And as we get into the next
several months and see what types of options we have, then evaluate
what we want to do with it. But I think continuing -- continuing the
operation as-is would be a mistake. I think it sends the message to
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the community that golf is going to be there forever, and I don't really
want to send that message because it just may not be.
And in addition to that, if we can come up with some golfing
alternatives, it's going to require renovation and everything on the
course anyway.
So I would suggest that we maintain it nicely for the community,
keep it as an open space for right now, and then as we get into the
fall, we can figure out really what we can do with that property.
COMMISSIONER SOLIS: If that's a motion, I would second
that.
COMMISSIONER SAUNDERS: Well, I'll make that as a
motion. I mean, that's been my view from the very beginning, that
we need to be very careful about jumping into the golf course
operation.
COMMISSIONER FIALA: I know I'm supposed to be first,
but --
CHAIRMAN McDANIEL: You're off the list.
COMMISSIONER FIALA: Okay. I attended a -- I attended a
town hall meeting, and the room was full. Did you go to that one,
Nick?
MR. CASALANGUIDA: I was at another one, ma'am, with
Commissioner Saunders.
COMMISSIONER FIALA: Okay. The room was full and,
without exception, everybody not only wanted to maintain a golf
course, but they wanted it to stay a 19-hole golf course -- 18-hole,
excuse me. Maybe not 19; 18. 18-hole golf course.
There was one of the golf course management companies there
also that spoke, and they are willing to -- and I think they put this in
writing too. They are willing to run the place for us so it doesn't cost
us any money, and it's First T, and they say there won't be any
expenses for us at all. They would maintain it and everything. They
June 25, 2019
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already operate out of the Naples Beach Hotel.
But they -- but being that the Naples Beach Hotel is going to be
sold, I think this is going to be something that they really want to do.
They've got a few people on there like -- well, some very wealthy
people here in town that are wanting to invest in it. They feel not
only is it important to start young people learning to golf, and it's a
good exercise, but keeping the veterans golfing as well and
everybody in between.
And they really want to -- this is what we heard. And everybody
in the audience, without exception, the whole group was for it. And
as I attended it, there might have even been people in this room that
were there as well. It was a good meeting. I don't think we should
give up on that. I think that the -- it will be the only golf course in
town that would be affordable, and we don't have that right now.
And it's going away from that.
People that want to golf either have to go into a private golf
course, or they can go into something like Hitching -- you know, not
Hitching Post -- Hibiscus maybe. That would be one.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER FIALA: But this would be a wonderful
place. And it's in such an ideal location. And if, per chance, we do
get the nod from the feds and we build a nursing home in there,
would which be great, you know, it would be nice to have some
veterans that could also go over there, visit somebody, and go out and
play golf a little bit too.
I just think it's a wonderful thing. We should never lose the
opportunity to grab this land and use it for our community for our
citizens.
CHAIRMAN McDANIEL: Commissioner Solis, did you have a
comment?
COMMISSIONER SOLIS: That was all on the round before. I
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do have to depart soon.
CHAIRMAN McDANIEL: I know you do. I'm trying to get to
the end. The comment that I wanted to make was, you know, right
now the direction I'm hearing is, is that we buy the course and
maintain it and keep it up.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN McDANIEL: Would that prohibit us from
receiving proposals from operators --
COMMISSIONER SAUNDERS: Not at all.
CHAIRMAN McDANIEL: -- to take on that operation?
COMMISSIONER SAUNDERS: No, not at all.
CHAIRMAN McDANIEL: We're not giving specific direction
to go do that, but if someone were of interest, then we could receive
proposals from them.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN McDANIEL: It's been moved and seconded that
we buy the -- or that we maintain the golf course but not
operationally in the current circumstance.
COMMISSIONER FIALA: When you said "but not
operationally," do I --
CHAIRMAN McDANIEL: We're not opening it up as a golf
course. We're going to maintain it for now.
COMMISSIONER FIALA: Maintain it as a golf course?
COMMISSIONER SAUNDERS: No, no, no.
COMMISSIONER TAYLOR: No, maintain --
COMMISSIONER FIALA: Nobody golfs on it.
CHAIRMAN McDANIEL: We're not going to open it up as a
golf course right now. We're just going to maintain it.
COMMISSIONER FIALA: Do we have our -- do we have our
parks guys go over there with their lawn equipment? Oh, no. There's
lawn equipment there, right?
June 25, 2019
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CHAIRMAN McDANIEL: Yes.
COMMISSIONER FIALA: We could have you go over there.
CHAIRMAN McDANIEL: Yeah, I'm a good operator.
COMMISSIONER SAUNDERS: After you play pickleball
with Commissioner Solis.
COMMISSIONER FIALA: Right after our pickleball games.
CHAIRMAN McDANIEL: Right after I beat Commissioner
Solis.
COMMISSIONER SOLIS: You have a really big lawn to mow
now.
CHAIRMAN McDANIEL: It's been moved and seconded that
we maintain the facility. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. CASALANGUIDA: Thank you.
CHAIRMAN McDANIEL: No, no. Thank you.
COMMISSIONER FIALA: Nick, have you been able to talk to
some of those places that want to maintain the place?
MR. CASALANGUIDA: I have, ma'am. I was waiting for
today to kind of see --
COMMISSIONER FIALA: Good.
CHAIRMAN McDANIEL: I think that takes us to the --
MR. OCHS: Would you like to take 9B, sir?
June 25, 2019
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CHAIRMAN McDANIEL: Pollution Control?
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: Let's do the Pollution Control real
quick, since they've been diligently sitting back there all day long.
COMMISSIONER SOLIS: Sorry, I have --
(Commissioner Solis is leaving the boardroom for the remainder
of the meeting.)
Item #9B
ORDINANCE 2019-17: A NEW ORDINANCE TO BE CALLED
THE POLLUTION CONTROL AND PREVENTION
ORDINANCE, REPEALING AND REPLACING ORDINANCE
NO. 87-79, REGARDING THE TRANSPORTATION AND
DISPOSAL OF SLUDGE AND REPEALING RESOLUTION NO.
88-311 REGARDING FEES FOR SLUDGE TRANSPORTATION
AND DISPOSAL PERMITS – ADOPTED AS WRITTEN
MR. OCHS: Commissioner, this is the second reading to adopt
an ordinance referred to as the Pollution Control and Prevention
Ordinance. It was moved at Commissioner McDaniel's request from
the summary judgment to the advertised public hearing agenda.
MR. MILLER: And I have one registered speaker for this item,
sir.
MR. OCHS: Staff did not prepare to go through the same
presentation we did before unless you want us to.
CHAIRMAN McDANIEL: I don't think we need to hear the
same presentation. I just had -- I expressed concerns the last time
with regard to the upstream outreach and the potential thereof. And
then I thought, personally, when we were voting, that we were
accepting or incorporating DSAC's recommendations into the
June 25, 2019
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ordinance. I've subsequently learned that we have not. And so I
would like for us to give consideration to that, but --
COMMISSIONER TAYLOR: In what area?
MR. OCHS: The ability to enforce --
CHAIRMAN McDANIEL: The enforcement on the private
sector.
We all got a letter from Tony. If you want to hear from
Mr. Pires, I think that would better -- come on up, if you don't mind.
MR. MILLER: That is your registered speaker.
COMMISSIONER FIALA: He's been here all day long, too.
COMMISSIONER TAYLOR: Yeah, but he's on the clock.
COMMISSIONER SAUNDERS: He's got a big smile.
COMMISSIONER FIALA: So are we. We just don't get paid
like Tony.
COMMISSIONER TAYLOR: Not by the hour.
MR. PIRES: Mr. Chairman, members of the Commission, Tony
Pires representing Fiddler's Creek Community Development District
1 and 2.
Thank you for providing the opportunity. I think you all
received my letter. Yes, I recommend and request that you add
language in this ordinance as suggested by DSAC. I've outlined a
number of reasons why I think it's important.
And I think in addition to what I've outlined in my letter -- first
of all, South Florida Water Management District permits for these
communities, of which Fiddler's Creek has -- require water-quality
standards to be achieved in South Florida can, if water-quality
standards were not achieved, engage in compliance requirements and
make them do.
So, basically, you are taking the position to this ordinance of
being the policeman for South Florida's regulations. If you all have
an issue with water coming out of a facility from Fiddler's Creek, I
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suggest you ring up South Florida and say, listen, enforce that permit.
But I think what's also important is that I think this is inconsistent
with elements of your Comprehensive Plan in other parts of your
Land Development Code.
For example, your Growth Management Plan, in the Future
Land Use Element, Objective 3, Policy 3.2.C says, drainage and
stormwater management practices shall be governed by the South
Florida Water Management District regulations. That's in your
Comprehensive Plan. So, again, that's who enforces that.
Goal 2, Objective 2.1.G of the Conservation and Coastal
Management Element talks about within one year of the effective
date of these amendments, the county shall adopt land development
regulations to require best management practices of future
developments, future, or redevelopment projects, not go back in time.
And best-management practices means structural and nonstructural
facilities or practices. Again, future developments and
redevelopments intended to reduce pollution either through source
control or treatment of stormwater. Again, to not go back in time.
Furthermore, you have a groundwater protection ordinance that's
in place right now that has language with regards to what happens.
And it talks future stormwater management systems. All future
stormwater management systems shall be constructed and permitted
in accordance with applicable State and South Florida Water
Management District laws and regulations.
That's in Section 3.06.12.W and V of the Land Development
Code. And V says, existing stormwater management systems in
place and operational at the time the section becomes effective
November 18th, 1991, shall be allowed to continue operation without
any additional regulation under this section.
So I suggest strongly that you already have mechanisms in place
that provide for enforcement of water quality. South Florida permits
June 25, 2019
Page 230
require it, and your own code says future developments and
redevelopments.
I respectfully request that the DSAC language be included.
Thank you.
CHAIRMAN McDANIEL: And there you have it.
MR. OCHS: Commissioners, could we have your staff provide
you some rebuttal.
CHAIRMAN McDANIEL: Absolutely. I'd like to have
Danette --
COMMISSIONER SAUNDERS: Also, perhaps the County
Attorney can let us know if we are subject to the South Florida Water
Management District controlling pollution that may come from
existing developments as opposed to our being involved in it.
MR. KLATZKOW: This is a supplement to it.
COMMISSIONER SAUNDERS: So we could do something in
addition?
MR. KLATZKOW: Yeah.
CHAIRMAN McDANIEL: Of course --
COMMISSIONER FIALA: What'd you say, Jeff?
MR. KLATZKOW: We're supplementing what the State does.
CHAIRMAN McDANIEL: These regulations are already -- this
is one of the concerns or expressions that I had early on. These are
already regulations that are done by the State and the feds with regard
to pollution.
COMMISSIONER TAYLOR: So well. I mean -- they do it so
well. Why should we interfere with it?
CHAIRMAN McDANIEL: I think that was a little sarcastic.
COMMISSIONER TAYLOR: A little bit.
CHAIRMAN McDANIEL: So continue on, Ms. Danette.
MS. KINASZCZUK: Okay. Danette Kinaszczuk, your
Pollution Control Manager.
June 25, 2019
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I know I'm kind of stating the obvious here, but existing
pollution comes from existing development, and we can't get out of
the mess that we're in with only putting rules on new development.
So the majority of developments here have the environmental
resource permits that Mr. Pires was referring to. They have
requirements such as no land activities that can cause violations. You
must do stormwater system maintenance. You have to do
water-quality testing, things like that. But we still have water-quality
issues. So the pollution's coming from somewhere, and we have to
do something about it.
Just to remind you, if there's no pollution issue coming from a
development, then there's no cause for concern. The ordinance is
only addressing those that are actually polluting.
I just -- I wanted to take a minute to explain the environmental
resource permits. Most developments in Collier County have these
environmental resource permits that require they treat stormwater
using a detention or retention pond system. And they use it -- the
systems are designed by engineers based on calculations using
presumptive criteria.
So, for example, a stormwater engineer will presume a detention
pond is going to treat for total suspended solids. It's going to treat for
90 percent of phosphorus and 80 percent of the nitrogen that the pond
holds, and that's it. I mean, it's just presumed that it works.
There is a couple other things. Although there might be some small
treatment benefits due to particle settling, these ponds, their primary
treatment function is only for phosphorus, nitrogen and total
suspended solids. They're not treating for petroleum, they're not
treating for copper. They're not treating for bacteria. And there's
rarely any long-term water-quality monitoring to follow up on the
presumptive criteria to make sure that it's working.
And so here's an example. If you remember those permit
June 25, 2019
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requirements, the ones that said, you know, no land activities that can
cause water-quality violations, you have to do stormwater system
maintenance, there is, we'll nicely say, very little enforcement on
those activities or on those requirements.
For example, people dump copper-based algaecides into their
ponds on a monthly basis. We have five watersheds that are impaired
for copper. So the environmental resource permit says you can't do
any activity that would result in water-quality violations, but pond
treatment with copper is a standard practice. So I have 33 percent of
impaired water bodies that says our current system isn't working.
MR. KLATZKOW: Just, would you explain to the Board, if we
don't do anything with these impaired waterways, what we might be
facing.
MS. KINASZCZUK: Sure. So as Jeff was getting at, the
county is -- the county's required to meet those water-quality
standards. I mean, it's not optional. It's state law. It's federal law.
It's our permit requirement. And if we don't, we are going to get
Basin Management Action Plan total maximum daily loads. And as
we talked about, I think, in the beginning of this process, the cost was
about 85 and a half million dollars for just to process of BMAPs for
three of our watersheds. So, I mean, we're at a point we just -- we
have to do something.
And you know our options -- you've heard me say this before --
is to either treat all the water which, you know, I did a swag analysis
at $5 billion a year, or we can stop it at its source. And the most
efficient way to stop the pollution at its source is to have the polluter
implement best-management practices. I mean, those
best-management practices, depending on the pollutant, it can be, you
know, picking up your pet waste. It can be street sweeping. It can be
Florida-friendly landscaping. It can be, you know, finding an
alternative to copper use, such as mechanical harvesting.
June 25, 2019
Page 233
So I don't -- I don't know how we can possibly meet
water-quality standards as we are required as a county to do if we
continue to allow people to dump contaminated water into our
stormwater system.
What I do know is it's a lot cheaper to prevent the water from
entering -- or prevent the pollution from entering our water bodies
than it is to take it out.
CHAIRMAN McDANIEL: Why are you not stopping it now?
MS. KINASZCZUK: Because it's coming from existing -- it's
coming from development, and we weren't allowed to regulate what
they're doing.
CHAIRMAN McDANIEL: Because?
MS. KINASZCZUK: Because in the past we haven't had the
authority to do it.
CHAIRMAN McDANIEL: It's already being regulated by the
State or the federal governments and you don't have the authority to
contact them with regards to this?
MS. KINASZCZUK: We have contacted the State, various
agencies in the past, and they are not resourced to act at a level of
service that we think is appropriate for Collier County.
CHAIRMAN McDANIEL: Say that again, please.
MS. KINASZCZUK: The State isn't as responsive as we would
like. They are not resourced to be that way.
Okay. So I'm just -- I'm bringing up what was said at the
Planning Commission, because it was suggested by Mr. Pires that we
go back.
We went to the Planning Commission twice for about four hours
total. The rights of the property owner were discussed at length, and
we ended up with the unanimous vote supporting the ordinance as it's
currently written.
And I wanted to read you some comments made by a member of
June 25, 2019
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the Planning Commission who spent a significant portion of his
career dealing with stormwater permits.
He said, "The sad part about it is the Clean Water Act. Though
it mandates requirements under Section 404 and 401 for
water-quality certification and in the state through your
environmental resource permit process, they're very strict in regards
to the staffing and issuing of the permit, but once the permit is issued,
none of the agencies are funded to do enforcement.
"Now, that may be a choice of our legislators. I know in my
years in the federal government, enforcement of 404 is probably the
most sorely funded government program in the federal government,
because I think it's a conscious decision of our elected officials.
"They want enforcement, but they don't want to fund it. And if
you don't fund it, it doesn't get done. So the sad part about it is under
state and federal permitting process, they enforce the issuing of the
permit, and they're, like I said, are very strict prior to the issuing, but
once it's issued, everything falls on the county. And if we want to
assure at least some water quality within Collier County, I really have
to support this ordinance as written."
And then this is my last slide. I think human behavior's kind of
funny. We're all okay with the polluter pays principle when it's an
obvious source of pollution like what we see in this picture, but when
it's this long-term, invisible, ongoing type of pollution that's causing
33 percent of water bodies to be impaired, people -- they suddenly
get less comfortable with it.
So these requirements to implement best-management practices,
they're not random. They would be based on real water-quality data
from outfalls going into impaired water bodies. The ordinance gives
us the authority to make people that are polluting our water bodies
put in best-management practices so they stop polluting our water
bodies.
June 25, 2019
Page 235
I want to be clear, we're not requiring a development put in
structural best-management practices. We're requiring that they stop
polluting. How they choose to make that happen, that's up to them.
I think what everybody needs to recognize is that, you know, we're
all in this together and, of course, we at Pollution Control will do
anything to help. And as I've said before, Pollution Control is an
education-based group. Our intent is never to be punitive. It's our
intent to help people prevent pollution.
Now, with all of that being said, for your awareness, Page 15 of
the ordinance reads, "This section will only become effective if
permit requirements are not being met or reasonable BMP
(best-management practices) are not being implemented." So if a
development is meeting all of their permit requirements and has put
in reasonable best-management practices, then they have no reason to
be concerned.
That's all I have.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: You know, having been
appointed to the Florida Association of Counties' Water Policy
Committee, we've had some pretty in-depth discussions about the
importance of going to the source of the pollutants, and it is -- and
also to do it with the science. And, clearly, best-management
practices of 1950 aren't the best-management practices of 2019.
But water has no home. Water -- we all share water. And it's
the responsibility, according to the federal government who spoke to
us at our last meeting, is individually but also as a county, because it's
going to take that kind of concerted effort to clean our waters.
CHAIRMAN McDANIEL: And please don't perceive me as the
enemy here. Who can argue against clean water? I'm arguing against
government overreach. I'm arguing -- I have concerns with regard to
a pollution control staff that -- I mean, we now have decided we have
June 25, 2019
Page 236
33 percent of our waterways that are polluted now, and she can't get
to wherever those issues are, in fact, to fix utilizing the regulations
that we have in place.
I'm concerned -- again, I said this when we passed this the last
time. As long as Danette and the clan are in the process, that's fine,
but I see this escalating into people -- I see this as a potential -- there
are unintended consequences that could come from this that are my
concern.
And the suggestion of the DSAC's amendments into the
ordinance provided for protection of residents that are already, in
fact, here. Communities that are already, in fact, here.
Now, if there are pollutants that are coming from residents and
residences and communities that are already there, then we have the
capacity, through our own regulations that currently exist, state or
federal regulations, to be able to go assist with those communities.
COMMISSIONER TAYLOR: But we just heard that that's -- in
reality, that's not what's happening. The State -- it doesn't have the
resources --
CHAIRMAN McDANIEL: I understand.
COMMISSIONER TAYLOR: -- to do this, so --
CHAIRMAN McDANIEL: You know what, this is -- again, I
think we're going around in a circle. This is -- you all can pass this.
And, again, I'm going to -- we're not -- we're done. We're done. The
public --
MR. PIRES: Could I make just one point of clarification?
CHAIRMAN McDANIEL: No, sir. Thank you.
MR. PIRES: We're not talking about structural components.
CHAIRMAN McDANIEL: We're not talking -- I understand. I
heard you, Tony.
MR. PIRES: Okay.
CHAIRMAN McDANIEL: Or, Mr. Pires, forgive me. We've
June 25, 2019
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closed the public hearing, and I have said my concerns, and that is the
unintended consequences of this ordinance I believe have exposure
for our community. So be that as it may.
COMMISSIONER TAYLOR: I'd like to make a motion to
adopt this ordinance as written.
COMMISSIONER FIALA: Second.
Can I ask you, are there a few developments that are having this
problem too and haven't wanted to work with you or something?
MS. KINASZCZUK: We don't have any developments
identified. Should this pass, we want to work on some of the
health-and-safety issues. So we have some issues in the industrial
park we'd like to work through first, and then we would go look in
the areas that are more bacteria based. So, no, we don't have any
particular residential developments identified yet.
It's going to be a process. We need to -- we have a big impaired
water body. We need to narrow that down. So we have some testing
we need to do first so we can find anything first off.
CHAIRMAN McDANIEL: And I'm in support of it. I voted for
it before. I'm going to vote for it again today. I just -- you don't need
to make a face.
COMMISSIONER TAYLOR: No, I'm not.
CHAIRMAN McDANIEL: I mean, you're acting -- your
comments are like -- I'm not in opposition to clean water; no one is. I
mean, I don't see how you could be. I'm concerned about the
unintended consequences.
But it's been moved and seconded that we adopt the ordinance as
printed. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
June 25, 2019
Page 238
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
COMMISSIONER SAUNDERS: Did you vote for it?
CHAIRMAN McDANIEL: I did.
COMMISSIONER TAYLOR: I know. That's what I said, and
he -- that's what I said. I was in shock.
CHAIRMAN McDANIEL: I wasn't in -- and just to repeat it. I
voted for it the last time; expressed the same concerns. Then I got
the letter from Mr. Pires. So there, again, I'm -- who's against clean
water?
MR. KLATZKOW: (Raised hand.)
CHAIRMAN McDANIEL: Oh, Mr. Klatzkow. He just raised
his hand. Write that down. Make sure that's in the Naples Daily
News tomorrow.
Item #10A
A RESOLUTION RENAMING THE CHOKOLOSKEE BRIDGE
TO THE “JOHN JOSEPH BROWN MEMORIAL BRIDGE.” -
MOTION TO CONTINUE TO THE JULY 9TH BCC MEETING –
APPROVED
MR. OCHS: Commissioners, we move to 10A. 10A is a
recommendation to approve a resolution renaming the Chokoloskee
Bridge to the John Joseph Brown Memorial Bridge.
MR. MILLER: And, Mr. Chairman, I have a registered speaker
for this item.
CHAIRMAN McDANIEL: And I think he left.
June 25, 2019
Page 239
MR. MILLER: I think you might be right.
Kenny Brown, are you still here, sir?
(No response.)
CHAIRMAN McDANIEL: He was earlier. I think he left.
COMMISSIONER TAYLOR: May I ask a -- make a request?
CHAIRMAN McDANIEL: Sure.
COMMISSIONER TAYLOR: It's my understanding that,
indeed, the Everglades City Council passed this resolution in April,
but it's my understanding that the Mayor is now going down to speak
to the business council of the Miccosukee Tribe this week.
And I'm going to probably take a cue from some of the things
you've done over the past year. I'd like to see if we could continue
this until the meeting in July and to give the Mayor an opportunity to
speak, because he's -- I know the discussion is going to be
specifically why it's probably not the greatest idea to name a bridge
after an Indian agent from an Indian's point of view.
COMMISSIONER SAUNDERS: I'll second that. There's no
urgency.
CHAIRMAN McDANIEL: No, there isn't. It's just -- there is
no urgency.
COMMISSIONER TAYLOR: And Mayor Grimm may come
back and say, I listened to them, but this is what I want.
COMMISSIONER SAUNDERS: That's fine.
COMMISSIONER TAYLOR: And that's fine, too.
CHAIRMAN McDANIEL: I don't see any reason to continue it.
I think that it's -- but, you know, if it's the will of this board to
continue the item again, we'll do it. We can hear it again in July, and
that will give Howie a minute to hear.
I did receive a phone call from the council of the Miccosukee
Tribe and returned her call, and we haven't connected. So I don't
know what their perspective is one way or the other.
June 25, 2019
Page 240
The entire circumstance is the community has come together.
They can't fulfill our resolution and requisites for getting signatures
from the community. We have a thousand-signature requisite to
name anything, and so there's -- I've been asked to do this, and so this
is why I'm doing it.
COMMISSIONER FIALA: I don't think there's a thousand in
Ochopee, Everglades City, and Chokoloskee all combined.
COMMISSIONER TAYLOR: I think you're right.
CHAIRMAN McDANIEL: And that's one of the reasons why I
went to the Mayor and asked for the council to make sure that the
folks in Everglades City were aware and so on. But, I mean, with --
the backup data has, I think, close to 300 signatures.
COMMISSIONER FIALA: Yeah, there were quite a few. I
read --
CHAIRMAN McDANIEL: Well, in excess of 200, easy.
COMMISSIONER FIALA: It's kind of fun to look at some of
the old names.
CHAIRMAN McDANIEL: Sure. So it's been moved and
seconded we continue this item until July 9th. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
COMMISSIONER TAYLOR: Thank you. Thank you.
Item #11B
June 25, 2019
Page 241
AWARD REQUEST FOR PROFESSIONAL SERVICES NO. 18-
7277, “PUBLIC UTILITIES DEPARTMENT COMPLEX
DESIGN,” TO STANTEC CONSULTING SERVICES, INC., TO
PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES IN
THE AMOUNT OF $5,773,613, AND AUTHORIZE THE
CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENT
AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT
– APPROVED
MR. OCHS: Commissioner, your final -- or final staff item on
the agenda is 11B. This is a recommendation --
COMMISSIONER SAUNDERS: I'll move to approve that
unless there's some --
COMMISSIONER FIALA: I'll second that motion.
MR. OCHS: You've got a motion and a second. Don't move. I
train these guys: You get a motion and a second --
COMMISSIONER TAYLOR: Sit down.
CHAIRMAN McDANIEL: Stay in your seats.
COMMISSIONER FIALA: Because you've given such a fine
presentation walking up here, we just had to approve it.
COMMISSIONER SAUNDERS: It's actually just because it's
after 6 o'clock, and we want to go home.
MR. CASALANGUIDA: Don't say that.
COMMISSIONER TAYLOR: The truth be told.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the proposal as presented by staff to hire Stantec for this
design on the Public Utilities complex. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER FIALA: Aye.
June 25, 2019
Page 242
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. OCHS: Thank you, Commissioners.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Mr. Chairman, that takes us to staff and
commission general communications, Item 15.
I have nothing to share with the Board at this late hour. Thank you
for a good day.
COMMISSIONER FIALA: I'm going to say goodbye to
everyone.
CHAIRMAN McDANIEL: We're going to do Mr. Klatzkow.
COMMISSIONER FIALA: Yeah, I have to say goodbye to
these people.
CHAIRMAN McDANIEL: Those guys are all leaving.
COMMISSIONER FIALA: That's my message.
CHAIRMAN McDANIEL: Mr. Klatzkow?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN McDANIEL: Commissioner -- or how about the
Clerk's Office?
MR. JOHNSSEN: No thank you, sir.
CHAIRMAN McDANIEL: Now.
COMMISSIONER FIALA: I already said my goodbyes.
CHAIRMAN McDANIEL: She said goodbye.
June 25, 2019
Page 243
Commissioner Saunders.
COMMISSIONER SAUNDERS: I just want to congratulate
and thank our staff for really getting through a very difficult agenda
with a lot of difficult issues, and you all did a great job --
MR. OCHS: Thank you, sir.
COMMISSIONER SAUNDERS: -- and I just want to mention
that.
And I also want to congratulate the Commission. We had a lot
of issues today that were emotional and difficult, and no one got mad.
Everybody's doing things professionally, and it's just good to see all
that. So I just wanted to thank you and congratulate you for that.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Nothing for me. Thank you very
much. But thank you, again. It was a tough, tough day, and --
CHAIRMAN McDANIEL: Long day.
COMMISSIONER TAYLOR: -- it was a great support from
staff and willingness to work together, and that's what made a
difference. Thank you.
CHAIRMAN McDANIEL: Absolutely. And with that, we are
adjourned.
**** Commissioner Taylor moved, seconded by Commissioner
McDaniel and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted****
Item #16A1
RECORDING THE MINOR FINAL PLAT OF ISLES OF
COLLIER PRESERVE PHASE 13A, APPLICATION NUMBER
PL20190000990. (THIS IS A COMPANION TO AGENDA ITEM
17.C). BOTH ITEMS MUST BE APPROVED OR DENIED ON
June 25, 2019
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TODAY’S AGENDA. (DISTRICT 4)
Item #16A2
FINAL ACCEPTANCE OF THE POTABLE WATER FACILITIES
FOR GRACE PLACE PL20190000610, AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER.
(DISTRICT 3) – LOCATED AT 4300 21ST AVENUE SW
Item #16A3
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR MADISON PARK PHASE 2A, PL20110000699; MADISON
PARK PHASE 2B, PL20110002005, AND MADISON PARK
PHASE 2C, PL20130000920, AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$8,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT. (DISTRICT 3) – LOCATED EAST OF
SANTA BARBARA BLVD, BETWEEN RADIO ROAD AND
DAVIS BLVD
Item #16A4
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR MADISON PARK PHASE 1, PL20130000921, AND
MADISON PARK PHASE A WATER MAIN EXTENSION,
PL20140001339. (DISTRICT 3) – A RE-INSPECTION WAS
CONDUCTED ON MAY 20, 2019 AND FOUND THE
June 25, 2019
Page 245
FACILITIES TO BE SATISFACTORY
Item #16A5
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
FOR HARBORSIDE ANIMAL CLINIC, PL20190000968.
(DISTRICT 4) – LOCATED 2662 DAVIS BLVD
Item#16A6
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ISLANDWALK PHASE 7A-1, 7A-2, 7A-3 AND 7A-4,
PL20170001275. (DISTRICT 3) – A FINAL INSPECTION WAS
CONDUCTED ON APRIL 25, 2019 AND FOUND THE
FACILITIES TO BE SATIFACTORY
Item #16A7
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR VANDERBILT COMMONS LAND
TRUST I/II – PHASE 1, PL20170004321, 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 $15,363.06 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT. (DISTRICT 3) – A FINAL INSPECTION WAS
CONDUCTED ON MAY 17, 2019 AND FOUND THE
FACILITIES TO BE SATIFACTORY
June 25, 2019
Page 246
Item #16A8
RESOLUTION 2019-105: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF LEGACY LAKES, APPLICATION
NUMBER PL20140002259, AND AUTHORIZE THE RELEASE
OF THE MAINTENANCE SECURITY. (DISTRICT 5)
Item #16A9
RESOLUTION 2019-106: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF TUSCANY POINTE TWO, APPLICATION
NUMBER PL20140001338, AND AUTHORIZE THE RELEASE
OF THE MAINTENANCE SECURITY. (DISTRICT 5)
Item #16A10
ELECTRONIC SUBMISSION OF THE COUNTY INCENTIVE
GRANT PROGRAM (CIGP) APPLICATION WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION TO FUND A
PHASE OF COLLIER BOULEVARD (CR 951) FROM THE
GOLDEN GATE MAIN CANAL TO GREEN BOULEVARD
(PROJECT NO. 68057). (DISTRICT 3, DISTRICT 5)
Item #16A11
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 124RDUE2) REQUIRED FOR THE
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WIDENING OF ORANGE BLOSSOM DRIVE, EAST OF
AIRPORT-PULLING ROAD (PROJECT #60211). (DISTRICT 2) –
FOLIO #00235520009 WITHIN SIENA LAKES
Item #16B1
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY (BAYSHORE GATEWAY TRIANGLE) ACCEPTANCE
OF THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS IN THE AMOUNT OF $300,000 FOR THE
BAYSHORE GATEWAY TRIANGLE FIRE SUPPRESSION
INFRASTRUCTURE PROJECT, AUTHORIZE THE CHAIRMAN
OF THE BOARD TO SIGN THE GRANT AGREEMENT AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENTS.
(DISTRICT 4) – UPGRADING WATER LINES AND
INSTALLING OR UPGRADING FIRE HYDRANTS ALONG
COCO AVENUE, ARECA AVENUE, BASIN STREET, CANAL
STREET AND CAPTAINS COVE
Item #16B2
THE SECOND AMENDMENT TO THE 2018 CDBG
SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY
AND THE CRA FOR ADDITIONAL FUNDING IN THE
AMOUNT OF $476,365 AND A TIME EXTENSION FOR THE
IMMOKALEE SIDEWALK 2018 PROJECT, AUTHORIZES THE
CHAIRMAN OF THE BOARD TO SIGN THE AMENDMENT
AND AUTHORIZES NECESSARY BUDGET AMENDMENTS.
(DISTRICT 5)
June 25, 2019
Page 248
Item #16C1
RESOLUTION 2019-107: PROTOCOLS RELATING TO THE
PREPARATION OF DOCUMENTS BY WHICH COUNTY
GOVERNMENT CONVEYS OR ACQUIRES REAL PROPERTY
INTERESTS TO ENSURE UNIFORM INDEXING AND BETTER
FACILITATE THE DOCUMENT RETRIEVAL PROCESS. (ALL
DISTRICTS)
Item #16C2
INCREASING THE ESTIMATED ANNUAL EXPENDITURE
THRESHOLD FOR PURCHASE ORDER DRIVEN CONTRACT
FOR INVITATION TO BID #18-7390, “BOTTLED DRINKING
WATER AND POINT OF USE WATER COOLERS.” (ALL
DISTRICTS) – FOR VARIOUS COUNTY FACILITIES AND
COUNTY-SPONSORED EVENTS THROUGHOUT THE YEAR
Item #16C3
TERMINATING SOUTHWEST DIVISION INC., FROM
CONTRACT #16-7021, “HAMMERHEAD AND DESIGNATED
DRIVEWAY CONSTRUCTION.” (ALL DISTRICTS) – DUE TO
THE CONTRACTORS INABILITY TO MEET THE CONTRACT
REQUIREMENTS BY PROVIDING PROOF OF AUTO
INSURANCE
Item #16C4
A BUDGET AMENDMENT FOR THE SOLID AND
HAZARDOUS WASTE MANAGEMENT DIVISION IN THE
June 25, 2019
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AMOUNT OF $400,000 TO COVER COSTS FOR THE COLLIER
COUNTY LANDFILL OPERATING AGREEMENT. (ALL
DISTRICTS) – AS A RESULT OF EXTRA EXPENDITURES
RELATING TO A SPIKE IN MATERIAL RECEIVED AT THE
LANDFILL DUE TO HURRICANE IRMA
Item #16C5
A BUDGET AMENDMENT IN THE TOTAL AMOUNT OF
$1,226,900 TO REALLOCATE PUBLIC UTILITIES
DEPARTMENT WATER PROJECT FUNDS TO EXECUTE
PRIORITY PROJECTS. (ALL DISTRICTS) –
REIMBURSEMENTS FROM FEMA AND THE STATE WERE
DIVERTED TO THE I-75 & COLLIER BLVD UTILITY
RELOCATION INSTEAD OF BACK TO EXISTING PROJECTS
Item #16C6
BUDGET AMENDMENTS FOR THE FACILITIES
MANAGEMENT DIVISION IN THE AMOUNT OF $2,222,200 TO
ALLOCATE INFRASTRUCTURE SALES SURTAX FUNDING
ASSOCIATED WITH THE HERITAGE BAY EMERGENCY
MEDICAL SERVICES (EMS) STATION (PROJECT #55211).
(DISTRICT 4) - THE PROPOSED SITE IS JUST NORTH OF THE
NEW NCH NORHTEAST EMERGENCY BUILDING ON
COLLIER BLVD
Item #16C7
A BUDGET AMENDMENT FOR THE FACILITIES
MANAGEMENT DIVISION IN THE AMOUNT OF $2,900,000
June 25, 2019
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WITHIN COUNTY-WIDE CAPITAL PROJECTS FUND (301) TO
COVER NECESSARY HURRICANE IRMA REPAIR WORK.
(ALL DISTRICTS)
Item #16C8
BUDGET AMENDMENTS RECOGNIZING CASSENA ROAD
WATER LINE SPECIAL ASSESSMENT REVENUE AND
APPROPRIATE SAME TO ACCOMMODATE ADDITIONAL
LOAN REPAYMENT. (ALL DISTRICTS)
Item #16C9
AWARD AGREEMENTS FOR REQUEST FOR
QUALIFICATIONS NO. 19-7525, “ANNUAL AGREEMENT FOR
GENERAL CONTRACTORS,” FOR COUNTY-WIDE GENERAL
CONTRACTOR SERVICES TO CORE CONSTRUCTION
SERVICES OF FLORIDA, LLC, CHRIS-TEL COMPANY OF
SOUTHWEST FLORIDA, INC. D/B/A CHRIS TEL
CONSTRUCTION, WRIGHT CONSTRUCTION GROUP, INC.,
CAPITAL CONSULTING, LLC, COMPASS CONSTRUCTION,
INC. AND EBL PARTNERS, LLC. (ALL DISTRICTS)
Item #16D1
THE CHAIRMAN TO SIGN THE STANDARD U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) ENTITLEMENT AGREEMENTS UPON ARRIVAL;
APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN
FIFTEEN (15) SUBRECIPIENT AGREEMENTS FOR
ACTIVITIES PREVIOUSLY APPROVED IN THE FY 2019-2020
June 25, 2019
Page 251
ACTION PLAN FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP
(HOME), AND EMERGENCY SOLUTIONS GRANT (ESG)
PROGRAMS; AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS, IN THE AMOUNT OF $3,649,150, FOR THE
HUD FISCAL YEAR 2019-2020 BUDGET AS APPROVED IN
THE HUD ACTION PLAN FOR ENTITLEMENT FUNDS. (THIS
ITEM IS A COMPANION TO AGENDA ITEM #16D2) (ALL
DISTRICTS) – CDBG FUNDS INFRASTRUCTURE,
ACQUISITION, PUBLIC SERVICES AND PUBLIC FACILITY
REHABILITATION. HOME FUNDS RENTAL ASSISTANCE,
NEW HOUSING CONSTRUCTION AND REHAB
Item #16D2
RESOLUTION 2019-108: THE COLLIER COUNTY FY 2019-2020
ONE-YEAR ACTION PLAN FOR U.S. DEPARTMENT OF
HOUSING & URBAN DEVELOPMENT (HUD) FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG),
HOME INVESTMENT PARTNERSHIPS (HOME), AND
EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS,
INCLUDING THE REPROGRAMMING OF FUNDS FROM
PREVIOUS YEARS AND ESTIMATED PROGRAM INCOME;
APPROVE THE RESOLUTION, HUD DEVELOPMENT
CERTIFICATIONS AND SF 424 APPLICATION FOR FEDERAL
ASSISTANCE; AND AUTHORIZE TRANSMITTAL TO HUD.
(THIS ITEM IS A COMPANION TO AGENDA ITEM #16D1)
(ALL DISTRICTS)
Item #16D3
June 25, 2019
Page 252
A CONSTRUCTION AGREEMENT ON THE AWARD OF
INVITATION TO BID NO. 19-7579, FOR THE CONSTRUCTION
OF BUS SHELTERS AT WIGGINS PASS TO COASTAL
CONCRETE PRODUCTS LLC D/B/A COASTAL SITE
DEVELOPMENT IN THE AMOUNT OF $94,400 AND
AUTHORIZING THE CHAIRMAN TO SIGN THE AGREEMENT.
(DISTRICT 2)
Item #16D4
TEN (10) INDIVIDUAL DEVELOPER RELEASE OF LIENS FOR
A COMBINED AMOUNT OF $921,626.47 FOR 104 HOMES
THAT HAVE REMAINED AFFORDABLE FOR THE REQUIRED
15-YEAR PERIOD SET FORTH IN THE STATE HOUSING
INITIATIVES PARTNERSHIP IMPACT FEE PROGRAM. (ALL
DISTRICTS) – PROPERTIES WITHIN HABITAT VILLAGE (53),
CARSON LAKES PHASE 11 (9), TIMBER RIDGE (15), NAPLES
MANOR (13), NAPLES MANOR LAKES (1), TRAIL ACRES (2),
HIGHLANDS HABITAT (1), JUBILATION (5 HOMES & 4
CONDOS) AND 639 CLIFTON ROAD (1)
Item #16D5
A BUDGET AMENDMENT IN THE AMOUNT OF $13,750.17
AND AUTHORIZE THE CHAIRMAN TO SIGN ONE (1)
RELEASE OF LIEN FOR AN AFFORDABLE HOUSING
DENSITY BONUS UNIT THAT IS NO LONGER SUBJECT TO
THE TERMS OF THE AGREEMENT. (ALL DISTRICTS) –
FOLIO #24778005805 LOCATED AT 7849 BRISTOL CIRCLE
Item #16D6
June 25, 2019
Page 253
ELEVEN (11) INDIVIDUAL RELEASE OF LIENS FOR A
COMBINED AMOUNT OF $78,111.41 FOR HOMES THAT
HAVE REMAINED AFFORDABLE FOR THEIR REQUIRED 15-
YEAR PERIOD SET FORTH IN THE STATE HOUSING
INITIATIVES PARTNERSHIP IMPACT FEE PROGRAM. (ALL
DISTRICTS) – LOCATED AT 5204 FLORIDAN AVENUE, 3731
6TH STREET SE, 3771 2ND AVE NE, 5345 CARLTON STREET,
5432 CATTS STREET, 5357 MITCHELL STREET, 5350 SHOLTZ
STREET, 624 CLIFTON ROAD, 1102 SERENITY WAY, 1332
REFLECTION LANE AND 3117 ARECA AVENUE
Item #16D7
THE FY19 PROGRAM OF PROJECTS AND SUBMITTAL OF A
GRANT APPLICATION FOR THE FEDERAL TRANSIT
ADMINISTRATION, 49 U.S.C. 5307 FY19 GRANT FUNDS
SUPPORTING TRANSIT SYSTEM OPERATIONAL AND
CAPITAL COSTS IN THE AMOUNT OF $2,611,614 THROUGH
THE TRANSIT AWARD MANAGEMENT SYSTEM, ACCEPT
THE AWARD AND AUTHORIZE ANY NECESSARY BUDGET
AMENDMENTS. (TOTAL FISCAL IMPACT $3,410,514) (ALL
DISTRICTS) – AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16D8
THE FY19 PROGRAM OF PROJECTS AND SUBMITTAL OF A
GRANT APPLICATION FOR THE FEDERAL TRANSIT
ADMINISTRATION (FTA), 49 U.S.C. 5339 FY19 GRANT FUNDS
SUPPORTING CAPITAL COSTS FOR NEW AND
REPLACEMENT BUSES AND RELATED EQUIPMENT AND
June 25, 2019
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FACILITIES IN THE AMOUNT OF $372,752 THROUGH THE
TRANSIT AWARD MANAGEMENT SYSTEM (TRAMS). (ALL
DISTRICTS)
Item #16D9
FIRST AMENDMENT TO THE AGREEMENT WITH FL STAR
CONSTRUCTION, LLC (FL STAR) FOR THE
ADMINISTRATION OF THE STATE HOUSING INITIATIVES
PARTNERSHIP CONSTRUCTION ASSISTANCE PROGRAM.
(ALL DISTRICTS) – INCREASING THE AMOUNT BY $400,000,
ADDING 2018-19 AS AN ADDITIOINAL FUNDING YEAR,
EXTENDING THE EXPENDITURE DEADLINE TO JUNE 30,
2021 AND A NEW RANKING OF APPROVED HOUSEHOLDS
TO BE CONSISTANT WITH THE 2016-2019 LHAP
Item #16D10
A MEMORANDUM OF AGREEMENT WITH THE FLORIDA
FISH AND WILDLIFE CONSERVATION COMMISSION TO
ALLOW YOUTH HUNTS FOR COLLIER COUNTY RESIDENTS
AT PEPPER RANCH PRESERVE IN JANUARY AND
FEBRUARY 2020. (DISTRICT 5) – HOG HUNT BEING HELD
JANUARY 17-19, 2020 AND THE TURKEY HUNT BEING HELD
FEBRUARY 28 - MARCH 1, 2020
Item #16D11
A STATE HOUSING INITIATIVE PARTNERSHIP SPONSOR
AGREEMENT BETWEEN COLLIER COUNTY AND
RESIDENTIAL OPTIONS OF FLORIDA, INC. CONTRACT
June 25, 2019
Page 255
AWARD OF $300,000 FOR THE PURCHASE OF A RENTAL
PROPERTY TO SERVE THOSE WITH SPECIAL NEEDS. (ALL
DISTRICTS) – AGREEMENT #SHIP RA 2019-01
Item #16D12
RESOLUTION 2019-109: THE REVISED STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM LOCAL HOUSING
ASSISTANCE PLAN FOR FISCAL YEARS 2019-2020, 2020-
2021, AND 2021-2022 AND AUTHORIZE SUBMISSION TO THE
FLORIDA HOUSING FINANCE CORPORATION. (ALL
DISTRICTS)
Item #16D13
RECOGNIZING INTEREST EARNED FROM THE PERIOD
JANUARY 2019 THROUGH MARCH 2019 ON ADVANCED
LIBRARY FUNDING RECEIVED FROM THE FLORIDA
DEPARTMENT OF STATE TO SUPPORT LIBRARY SERVICES
AND EQUIPMENT FOR THE USE OF COLLIER COUNTY
RESIDENTS IN THE AMOUNT OF $2,474.95. (ALL DISTRICTS)
– FOR EXPENDITURES IN SUPPORT OF LIBRARY E-BOOKS
Item #16D14
A GRANT AGREEMENT ACCEPTING FUNDING FROM THE
COLLIER COUNTY COMMUNITY FOUNDATION IN THE
AMOUNT OF $10,000 TO INSTALL TREES IN THE
IMMOKALEE SPORTS COMPLEX AND AUTHORIZE ANY
NECESSARY BUDGET AMENDMENTS. (DISTRICT 5) - TO
SHADE THE BLEACHERS AT THE SOCCER FIELDS
June 25, 2019
Page 256
Item #16D15
A BUSINESS ASSOCIATE AGREEMENT BETWEEN THE
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
(AAA SWFL) AND COLLIER COUNTY TO COMPLY WITH
THE TERMS OF FEDERAL HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996 IN
ACCORDANCE WITH THE GRANTOR’S POLICIES AND
PROCEDURES. (ALL DISTRICTS)
Item #16D16
APPROVAL TO ADVERTISE AN ORDINANCE ESTABLISHING
THE BLUE SAGE MUNICIPAL SERVICE TAXING UNIT FOR
THE REPAYMENT OF FUNDS IN THE AMOUNT OF $8,623.93
THAT WERE USED TO MAKE EMERGENCY ROAD REPAIRS
ON A PRIVATE STREET. (DISTRICT 5) – LOCATED OFF OF
BRANTLEY BLVD IN GOLDEN GATE ESTATES
Item #16D17
RELEASE OF LIEN IN THE AMOUNT OF $8,519.87 FOR MR.
AND MRS. HALM AND TWELVE (12) RELEASES OF LIEN
FOR UNITS THAT HAVE RECORDED IMPACT FEE
DEFERRAL AGREEMENTS THAT WERE NOT UTILIZED IN
THE BRISTOL PINES PHASE II COMMUNITY. (DISTRICT 5)
Item #16D18
APPROVAL OF THE (NFC) FITNESS GRANT APPLICATION
June 25, 2019
Page 257
SUBMITTAL IN THE AMOUNT OF $90,000 FOR FITNESS
COURTS ASSOCIATED WITH THE COLLIER COUNTY
SPORTS COMPLEX AND EVENTS CENTER, NORTH COLLIER
REGIONAL PARK, AND BIG CORKSCREW ISLAND
REGIONAL PARK. (ALL DISTRICTS) – FOR A BODY WEIGHT
CIRCUIT TRAINING SYSTEM DESIGNED FOR ADULTS OF
ALL AGES AND ABILITIES. EACH FITNESS COURT IS
INTEGRATED WITH SHOCK-RESISTANT SPORTS FLOORING
AND IS COMPRISED OF EXERCISE STATIONS THAT ALLOW
FOR UP TO 28 INDIVIDUALS TO USE THE COURT AT THE
SAME TIME
Item #16D19
RESOLUTION 2019-110: THE FY2019/20 TRANSPORTATION
DISADVANTAGED TRUST FUND TRIP/EQUIPMENT GRANT
AGREEMENT WITH THE FLORIDA COMMISSION FOR THE
TRANSPORTATION DISADVANTAGED IN THE AMOUNT OF
$910,405 WITH A LOCAL MATCH OF $101,156 TO ASSIST
WITH SYSTEM OPERATING EXPENSES, AUTHORIZE THE
CHAIRMAN TO EXECUTE THE AGREEMENT AND
SUPPORTING RESOLUTION, AND AUTHORIZE THE
REQUIRED BUDGET AMENDMENTS. (ALL DISTRICTS)
Item #16E1
EXPENDITURES FOR THE SOLE SOURCE PURCHASE OF
GEOGRAPHIC INFORMATION SYSTEM (“GIS”) SOLUTIONS
FROM ESRI, INC., IN AN AMOUNT NOT TO EXCEED $300,000
PER FISCAL YEAR, FOR A PERIOD OF FIVE YEARS. (ALL
DISTRICTS) - ESRI IS THE INDUSTRY LEADER IN GIS WITH
June 25, 2019
Page 258
NO OTHER PROVIDER OFFERING AN END-TO-END
SOLUTION
Item #16E2
AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS,
DUTIES AND BENEFITS, AND OBLIGATIONS TO
INNOVATIVE EMERGENCY MANAGEMENT, INC., UNDER
AGREEMENT #17-7116 FOR THE CONTINUANCE OF
DISASTER RECOVERY CONSULTING SERVICES. (ALL
DISTRICTS)
Item #16E3
EXECUTING THE STATE-FUNDED SUBGRANT AGREEMENT
A0002 ACCEPTING A GRANT AWARD TOTALING $105,806
FROM THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT FOR EMERGENCY MANAGEMENT
PROGRAM ENHANCEMENT AND AUTHORIZE THE
ASSOCIATED BUDGET AMENDMENT. (ALL DISTRICTS)
Item #16E4
EXTENDING THE INTERLOCAL AGREEMENT BETWEEN
COLLIER COUNTY AND THE GREATER NAPLES FIRE
RESCUE DISTRICT FOR MANAGEMENT OF THE OCHOPEE
FIRE DISTRICT FOR ONE YEAR OR UNTIL A NEW
AGREEMENT IS EXECUTED. (ALL DISTRICTS)
Item #16E5
June 25, 2019
Page 259
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL. (ALL DISTRICTS) – INCLUDES TWO
CHANGE ORDERS MODIFYING CONTRACTS BY $23,603.70,
THREE AFTER-THE-FACT MEMOS WITH A FISCAL IMPACT
OF $52,792.92 AND ZERO AMENDMENTS
Item #16E6
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT. (ALL DISTRICTS) – FOR ONLINE SALES IN
THE AMOUNT OF $4,142.40 FOR SURPLUS EQUIPMENT
Item #16F1
APPROVING A DATE CHANGE FOR TOURIST
DEVELOPMENT TAX PROMOTION FUNDING TO SUPPORT
THE UPCOMING AMERICAN JUNIOR GOLF ASSOCIATION
JUNIOR CHAMPIONSHIP TO JULY 21-25, 2019 FOR UP TO
$10,000 AND MAKE A FINDING THAT THESE
EXPENDITURES PROMOTE TOURISM. (ALL DISTRICTS)
Item #16F2
DIRECTING THE COUNTY MANAGER AND THE COUNTY
ATTORNEY TO SUSPEND ALL PROVISIONS OF CHAPTER 74
OF THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES AND CHAPTER 10 OF THE COLLIER COUNTY
June 25, 2019
Page 260
LAND DEVELOPMENT CODE, PERTAINING TO ANY
PAYMENT OF IMPACT FEES, WHICH ARE IN CONFLICT
WITH CS/HB 207, WHICH SPECIFIES THAT IMPACT FEES
MAY NOT BE REQUIRED TO BE COLLECTED ANY SOONER
THAN ISSUANCE OF A BUILDING PERMIT; THE
SUSPENSION WILL REMAIN IN EFFECT UNTIL SUCH TIME
THAT THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCE AND THE COLLIER COUNTY LAND
DEVELOPMENT CODE ARE AMENDED TO COMPLY WITH
THE NEW REQUIREMENTS. (ALL DISTRICTS)
Item #16F3
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) – BA #19-587, FOR SPAY/NEUTER SURGERIES
FOR DAS ANIMALS
Item #16F4
RESOLUTION 2019-111: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2018-19 ADOPTED
BUDGET. (ALL DISTRICTS)
Item #16F5 – Moved to Item #11F (Per Agenda Change Sheet);
Remained as Item #16F5; Further Continued to the
July 9, 2019 BCC Meeting by Commissioner Taylor
during Agenda Changes
June 25, 2019
Page 261
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS END THE FY19 AGREEMENT WITH
ECONOMIC INCUBATORS, INC., TO OPERATE THE COLLIER
COUNTY ACCELERATOR PROJECT, AND ACCEPT THE
TRANSFER OF ASSETS AND LIABILITIES ASSOCIATED
WITH THE PROJECT (DISTRICT 4, DISTRICT 5)
Item #16G1
AWARD REQUEST FOR PROPOSALS NO. 19-7535, “AIRPORT
AUTHORITY CAR RENTAL CONCESSIONAIRE,” AND
AUTHORIZE ITS CHAIRMAN TO EXECUTE THE CAR
RENTAL SERVICE CONCESSIONAIRE AGREEMENT WITH
ENTERPRISE LEASING COMPANY OF FLORIDA, LLC TO
PROVIDE CAR RENTAL SERVICES AT THE MARCO ISLAND
EXECUTIVE AIRPORT, IMMOKALEE REGIONAL AIRPORT
AND EVERGLADES AIRPARK. (DISTRICT 1, DISTRICT 5) –
FOR A PERIOD OF FORTY-TWO (42) MONTHS WITH TWO (2)
ONE-YEAR RENEWAL OPTIONS
Item #16G2
THE RANKINGS OF FIRMS FOR REQUEST FOR
PROFESSIONAL SERVICES (RPS) #19-7558 FOR “DESIGN
SERVICES FOR IMM RUNWAY REHABILITATION AND
TAXIWAY EXTENSION PROJECTS” AND DIRECTING STAFF
TO NEGOTIATE A CONTRACT WITH THE TOP RANKED
FIRM, HOLE MONTES, INC. (DISTRICT 5) – FOR
REHABILITATION OF RUNWAY 18/36 AND THE EXTENSION
OF TAXIWAY C AT THE IMMOKALEE REGIONAL AIRPORT
June 25, 2019
Page 262
Item #16J1
A BUDGET AMENDMENT RECOGNIZING $1,589,400 IN
REVENUES AND EXPENDITURES IN THE SHERIFF'S FY2019
GENERAL FUND BUDGET. (ALL DISTRICTS) – TURN BACK
FOR UNSPENT FEES
Item #16J2
AUTHORIZING THE USE OF $25,000 FROM THE
CONFISCATED TRUST FUNDS TO SUPPORT THE JUNIOR
DEPUTIES LEAGUE, INC. (ALL DISTRICTS) – HELPING
COLLIER COUNTY’S YOUTH IN RESISTING DRUG USE,
AVOID GANG INVOLVEMENT, BUILDING CHARACTER AND
PROVIDING SAFETY TRAINING
Item #16J3
EXECUTION OF THE BUDGET AMENDMENT IN THE
AMOUNT OF $135,000 FOR THE 9-1-1 NEXT GENERATION
CORE SERVICES IMPLEMENTATION SUPPORT
CONTRACTUAL SERVICES. (ALL DISTRICTS) – ENSURING
COMPLIANCE OF THE CONTRACTUAL AND TECHNICAL
REQUIREMENTS OUTLINED IN THE CONTRACT WITH
MOTOROLA
Item #16J4
BOARD APPROVED AND DETERMINED VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF JUNE 19, 2019. (ALL
June 25, 2019
Page 263
DISTRICTS)
Item #16J5
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 30, 2019 AND JUNE 12,
2019 PURSUANT TO FLORIDA STATUTE 136.06. (ALL
DISTRICTS)
Item #16K1
A MEDIATED SETTLEMENT AGREEMENT AND
STIPULATED FINAL JUDGMENT TO SETTLE FINAL
COMPENSATION FOR THE TAKING OF PARCEL 326RDUE, IN
THE AMOUNT OF $36,251, INCLUDING STATUTORY
ATTORNEY FEES AND COSTS, AND EXPERT FEES AND
COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V.
QUAN WANG, ET AL, CASE NO. 16-CA-1399, REQUIRED FOR
THE GOLDEN GATE BOULEVARD EXPANSION PROJECT NO.
60145. (FISCAL IMPACT: $31,351) (ALL DISTRICTS)
Item #16K2
A MEDIATED SETTLEMENT AGREEMENT AND
STIPULATED FINAL JUDGMENT TO SETTLE FINAL
COMPENSATION FOR THE TAKING OF PARCEL 316RDUE, IN
THE AMOUNT OF $50,531.50, INCLUDING STATUTORY
ATTORNEY FEES AND COSTS, AND EXPERT FEES AND
June 25, 2019
Page 264
COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V.
QUAN WANG, ET AL, CASE NO. 16-CA-1399, REQUIRED FOR
THE GOLDEN GATE BOULEVARD EXPANSION PROJECT NO.
60145. (FISCAL IMPACT: $38,431.50) (ALL DISTRICTS)
Item #16K3
BOARD OF COUNTY COMMISSIONERS APPROVING, BY
SUPERMAJORITY VOTE, THE COUNTY ATTORNEY’S
RECOMMENDATION TO WAIVE ANY POTENTIAL ETHICS
CONFLICT AS AUTHORIZED BY CH. 112, FLORIDA
STATUTES FOR TWO AFFORDABLE HOUSING ADVISORY
COMMITTEE (“AHAC”) MEMBERS ENGAGED IN THE
AFFORDABLE HOUSING INDUSTRY. (ALL DISTRICTS) –
DUE TO BOTH HAVING CURRENT SHIP GRANT
AGREEMENTS WITH THE COUNTY
Item #16K4
RESOLUTION 2019-112: APPOINTING JOHN STEVEN
RIGSBEE TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD. (DISTRICT 4)
Item #16K5
RESOLUTION 2019-113: APPOINTING MICHAEL PATTERSON,
SHENIKA KENTNER, VONCILE H. WHITAKER AND LIS
ESQUILIN TO THE BLACK AFFAIRS ADVISORY BOARD.
(ALL DISTRICTS)
Item #16K6
June 25, 2019
Page 265
A SETTLEMENT AGREEMENT IN THE AMOUNT OF $5,000
TO SETTLE THE LAWSUIT STYLED LANDON REED V.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
CASE NO. 2:18-CV-350-FTM-29MRM NOW PENDING IN THE
UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF
FLORIDA FORT MYERS DIVISION. (ALL DISTRICTS)
Item #17A
RESOLUTION 2019-114: PETITION VAC-PL20190000439 TO
DISCLAIM, RENOUNCE AND VACATE A PORTION OF
TRACT C1, A CONSERVATION AND BUFFER EASEMENT,
BEING A PART OF NAPLES HERITAGE GOLF AND
COUNTRY CLUB PHASE ONE, PLAT BOOK 26, PAGE 73 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY
1000 FEET SOUTHEASTERLY OF DAVIS BLVD, IN SECTIONS
4 AND 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. (THIS IS A COMPANION TO AGENDA
ITEM #17B) (DISTRICT 3)
Item #17B
ORDINANCE 2019-12: AMENDING ORDINANCE NO. 95- 74,
THE NAPLES HERITAGE GOLF AND COUNTRY CLUB
PLANNED UNIT DEVELOPMENT; BY REVISING THE
MASTER PLAN TO REDUCE THE PRESERVE TRACT BY 2.90
ACRES AND ADD 2.90 ACRES AS A RECREATION AREA FOR
THE RELOCATION OF THE TENNIS CENTER WITHIN TRACT
A, JUST NORTH OF NAPLES HERITAGE DRIVE; AND
June 25, 2019
Page 266
PROVIDING AN EFFECTIVE DATE. THE SUBJECT
PROPERTY, CONSISTING OF 558± ACRES, IS LOCATED
SOUTH OF DAVIS BOULEVARD AND WEST OF COLLIER
BOULEVARD IN SECTIONS 3, 4, 9 AND 10, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PL20180002619] (THIS IS A COMPANION TO AGENDA ITEM
#17A) (DISTRICT 3)
Item #17C
RESOLUTION 2019-115: PETITION VAC-PL20190000440, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF THE DRAINAGE
EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK
4385, PAGE 3675 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED APPROXIMATELY TWO
THIRDS OF A MILE SOUTHWEST OF U.S. 41 (TAMIAMI
TRAIL EAST) IN SECTION 24, TOWNSHIP 50 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA. (THIS IS A
COMPANION TO AGENDA ITEM #16A1) (DISTRICT 4)
Item #17D
ORDINANCE 2019-13: AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
TO ADD STANDARDS AND REQUIREMENTS FOR
PERMANENT EMERGENCY GENERATORS FOR SINGLE
FAMILY AND TWO FAMILY DWELLINGS, BY PROVIDING
June 25, 2019
Page 267
FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS
OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: CHAPTER FOUR - SITE
DESIGN AND DEVELOPMENT STANDARDS, INCLUDING
SECTION 4.02.01 DIMENSIONAL STANDARDS FOR
PRINCIPAL USES IN BASE ZONING DISTRICTS; CHAPTER
FIVE - SUPPLEMENTAL STANDARDS, ADDING SECTION
5.03.07 PERMANENT EMERGENCY GENERATORS; SECTION
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE
DATE. [PL20180003486] (ALL DISTRICTS)
Item #17E
ORDINANCE 2019-14: ESTABLISHING THE CURRENTS
COMMUNITY DEVELOPMENT DISTRICT LOCATED IN
UNINCORPORATED COLLIER COUNTY AND CONTAINING
APPROXIMATELY 516.28 ACRES; PROVIDING FOR THE
AUTHORITY OF THE ORDINANCE; PROVIDING FOR THE
ESTABLISHMENT OF THE BOUNDARIES FOR THE
CURRENTS COMMUNITY DEVELOPMENT DISTRICT;
PROVIDING FOR THE DESIGNATION OF THE INITIAL
BOARD MEMBERS; PROVIDING FOR THE DISTRICT NAME;
PROVIDING FOR STATUTORY PROVISIONS GOVERNING
THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL
POWERS; PROVIDING FOR PETITIONER'S COMMITMENTS;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
June 25, 2019
Page 268
[PL20190000793] (DISTRICT 1)
Item #17F
ORDINANCE 2019-15: AMENDING ORDINANCE NO. 17-16, AS
AMENDED, TO AMEND THE EXTERNAL BOUNDARIES OF
THE FIDDLER’S CREEK COMMUNITY DEVELOPMENT
DISTRICT #2, BY CONTRACTION OF 210.003± ACRES,
PURSUANT TO CHAPTER 190.046, FLORIDA STATUTES.
(DISTRICT 1)
Item #17G
ORDINANCE 2019-16: ALLOWING FOR THE USE OF GOLF
CARTS UPON DESIGNATED PUBLIC ROADS AND STREETS
ON CHOKOLOSKEE ISLAND AND ON PLANTATION ISLAND,
COLLIER COUNTY. (DISTRICT 5)
Item #17H – Moved to Item #9B (Per Agenda Change Sheet)
Item #17I
RESOLUTION 2019-116: PETITION VAC-PL20180003283, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF THE PARK AND
PRESERVE AREA LOCATED IN BLOCK “K” AND A PORTION
OF THE DRAINAGE EASEMENT LOCATED IN TRACT “N” OF
ROYAL WOOD GOLF AND COUNTRY CLUB, UNIT ONE, AS
RECORDED IN PLAT BOOK 15, PAGE 16 AND A PORTION OF
THE DRAINAGE EASEMENT LOCATED IN TRACT “N” OF
ROYAL WOOD GOLF AND COUNTRY CLUB, UNIT TWO, AS
June 25, 2019
Page 269
RECORDED IN PLAT BOOK 15, PAGE 19 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN
THE NORTHWEST QUADRANT OF RATTLESNAKE
HAMMOCK ROAD AND SANTA BARBARA BOULEVARD IN
SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA AND TO ACCEPT
PETITIONER’S GRANT OF A CONSERVATION EASEMENT
TO REPLACE THE VACATED PORTION OF THE PARK AND
PRESERVE AREA AND DRAINAGE EASEMENTS.
(DISTRICT 1)
Item #17J
RESOLUTION 2019-117: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2018-19 ADOPTED
BUDGET. (ALL DISTRICTS)
Item #17K – Continued to the July 9, 2019 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE A RESOLUTION OF THE
BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA PROVIDING FOR THE ESTABLISHMENT OF AN
ASPHALT AND CONCRETE BATCH-MAKING PLANT IN THE
AGRICULTURAL (A) ZONING DISTRICT WITHIN THE RURAL
FRINGE MIXED USE OVERLAY-RECEIVING LANDS
PURSUANT TO SECTION 2.03.08 A.2.A.(3)(C)(VIII) OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE, FOR 5.16±
ACRES OF A 7.3± ACRE PARCEL LOCATED
APPROXIMATELY ONE HALF MILE NORTH OF TAMIAMI
June 25, 2019
TRAIL EAST, AT THE END OF AUTO VILLAGE ROAD, IN
SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA. [PL20170002361] (DISTRICT 1)
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:05 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL D. CTS UNDER ITS CONTROL
(..e 040
WILL /• L. McDANI , JR., CHAIRMAN
ATTEST
CRY:S11.249, K. KINZEL, CLERK
emo•CLX .) .-
Htte$t as to Chain's
signature only.
These minutes app7d by the Board on I l D l t. , as
presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 270