Agenda 09/10/2019 Item #2C (6-25-2019 BCC Meeting Minutes)09/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 2.C
Item Summary: June 25, 2019 BCC Meeting Minutes
Meeting Date: 09/10/2019
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
07/22/2019 8:50 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
07/22/2019 8:50 AM
Approved By:
Review:
County Manager's Office MaryJo Brock County Manager Review Completed 07/22/2019 8:50 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
2.C
Packet Pg. 21
June 25, 2019
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 · 'ks
0
the Board of Zoning Appeals and as the governing b ~=.-~.~) of such
chs, County Manager
William L. McDaniel, Jr.
Burt L. Saunders
Donna Fiala
Andy Solis
Penny Taylor
1ck 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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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 IMP AIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Pastor 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. AW ARDS AND RECOGNITIONS
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June 25, 2019
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 Pickle ball 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 comer 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 V ocisano and Mario V ocisano 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
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.
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 #16Dl) (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
(PTA), 49 U.S.C. 5339 FYI 9 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 7 4 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 Sheriffs 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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June 25, 2019
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)
17. SUMMARY AGENDA -This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. 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 V AC-
PL20 l 90000439 to disclaim, renounce and vacate a portion of Tract Cl, 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 I 000
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 #17 A) (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 V AC-
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 #16Al) (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 17
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 V AC-
PL20 l 80003283, 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 18
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.
Page 19
June 25, 2019
June 25, 2019
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 . ..---c.i., on't you
look pretty today . She's got her 4th of July --we're n --. .. ,~,
COMMISSIONER FIALA: I'm part of the v.=~~ . .___eople, right?
CHAIRMAN McDANIEL: Yeah. We'r o er·ng --when
we show up and see all red shirts, we're thinki t ey need money.
That's what it is. (', _
All right. As is usually the casf , ~he prayer and the
pledge. The invocation this mom· ing to be given by Pastor
Eric Hausler of Christ the King Pr erian Church.
How'd I do on the name, sir? e,,;~
Item#lA ~
~
INVOCATION ~D PLEDGE OF ALLEGIANCE
USLER: Pretty close.
N McDANIEL: Okay.
HAUSLER: In the Old Testament, the book of
it says , "The Lord gives wisdom, and blessed is the one
w ~-~~<ls 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
Page 2
June 25, 2019
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 govern nt
staff and elected officials. Thank you for this wonderful com
and neighborhoods that we call home. Thank you for the o~~
sa~ety and opportunities that we have here and prosperilf,
enJoy. ~~
Oh, Lord, we do pray that you would give all who speak
today great wisdom, especially those who ha es s1bility to make
decisions. Your word says that if we lack wis""' .. ,..,.,., we can ask of
you, and you'll give it generously.
So bless this meeting. May ev ,~ o speaks speak with
wisdom. Give wisdom in the deci · at are made.
We ask for your blessing on all e here. We thank you for your
grace and mercy. We pray in-.-.... -=-ost holy name. Amen.
CHAIRMAN McD Thank you, Pastor. That was very . nice.
Commissioner Ta):lor, ill you lead us this morning?
COMMISS ER TAYLOR: I'd be happy to.
(The Pl ~ o llegiance was recited in unison.)
Item #2A
REGULAR, CONSENT AND SUMMARY AGENDA
A ENDED (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
Page 3
June 25, 2019
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 1 7H from yo~
summary agenda to become Item 9B under advertised publi~ ..,
hearings. This is a recommendation to adopt an ordina
Pollution Control and Prevention Ordinance, specific
was moved at Commissioner McDaniel's request.
The next proposed change is to move Ite
consent agenda to the regular agenda. It woul
a recommendation to wind down an oper agreement with
Economic Incubators, Incorporated .• T · 1 the staffs request. I
understand from a brief conversaf 1 Commissioner Taylor this
morning she has a supplemental r u t regarding this item.
COMMISSIONER TA YJ.,. . Yes. Thank you, County
Manager. -0 ~
I did have a mornin~~versation just before we came into the
meeting room with Mr. rant, and he's asked that we continue this to
July the 9th mee · , and that would give him an opportunity to
speak with t ou Attorney just to make sure that everything is
appropriat l _._un ded, and he appreciates that consideration.
MR. : The only thing I would ask, Commissioners, if you
IIJl!lilllll'l""'....,t you just continue to endorse the plan that we've
at your recent budget workshop where the staff will
tra i on and take over the day-to-day operations on July 1 there so
we nave no gap in service.
COMMISSIONER FIALA: What do you need from us? Nods
from everybody?
CHAIRMAN McDANIEL: Well, we'll make the adjustments
Page 4
June 25, 2019
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, It_,,,.,
MR. OCHS: No, just some reminders on time-cert s o
everybody can kind of adjust their schedule here duri day. It
will be a long meeting, I believe. And we have a of
time-certain hearing items in the morning and en
hearings that have been set.
CHAIRMAN McDANIEL: As long
Commissioner Saunders under cont,ol 'We .... ,.~ we'll be moving right
along. ~
MR. OCHS: Well, that's a -. e job, sir.
At 10 a.m. you're scheduled t ~ ___ a: Item 1 lD. This is the
presentation on the 4 7-ar-ffll!l!da1--c,'ICl,1111_111,.1-all Curve parcels.
Then at 11 a.m., or a st no sooner than 11 a.m., I should say,
you're scheduled to hea Item 8A. This is the Board of Zoning
Appeals hearin arding the Bayshore/Gateway Overlay District.
And the y u ve two items that will be heard no sooner than
missioners. Those include Item 9A, which is a
recommen nl'l"llllll'i-\ to consider the adoption of a consumer protection
ordi .... n.~~lilair' ated to your PACE program, and, finally, Item 1 lE.
T · continued discussion of potential regulatory measures
re ng 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.)
Page 5
June 25, 2019
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 lt~
get you a little closer to the microphone. ~
COMMISSIONER FIALA: Oh, I'm sorry. Okay.~1-,. a k you.
I'm sure everybody wants to hear my scintillating to ~ ~
CHAIRMAN McDANIEL: Scintillating.
COMMISSIONER FIALA: Yeah. I ha o . g on the
consent agenda, but on the summary agenda, 1 J\ --and this subject
is the Naples Heritage Golf and Country b, and 1 7B is the same.
And I've met with members of the iva a ciation of Naples
Heritage and also with committee ., ............ .,,..,rs, and that's it for me.
I don't have anything on 17 . me just check and make sure.
Oh, but 171, which is the Roy: od Country Club, I've had a lot of
communications with th ended their groundbreaking. I've
had a multitude of mail fr them all weighing in on their --on their
concern. They want to eep this thing moving forward, and that's
what they've sai
I've had o es ndence, emails, phone calls, meetings, and I've
met with ople outside in Royal Wood as well as meetings in
~..,..,_,n on 1 7K, which is the Auto Village Road, I had emails
y homeowners and met with the applicant and also the
i g 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
Page 6
June 25, 2019
do have two items, 17 A 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 neig rs.
So that pretty much sums it up for me with ex parte. ~
And the only other issue is I would like to request that ~f be
continued until our next meeting and that the county pr s with
the plan in place without delay because of the hearin
putting it on the agenda. s
Thank you very much. ~
CHAIRMAN McDANIEL: I'll second th~ mo ion.
Commissioner Saunders.
COMMISSIONER SAUNDE S: r. airman, I have some
ex parte on 17 A and 17B just deal· the Naples Heritage Club
and Country Club. No other ex}t'le nd no other changes to the
agenda. ~~
MR. MILLER: Mr ,._....,.llil!IP-_._an, I do have one registered speaker
for Item 17G.
CHAIRMAN Mc~ IEL: Yes, sir. You shared that with me.
We'll go to him · minute.
MR. MI R: es, sir.
CHA ,_...,.. McDANIEL: And I as well have ex parte on 17 A,
ails; 17B, meetings and emails; and then no other ex
ILJlllil~ ... o se.
before we adopt --the speaker is here to speak in favor of
f 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?
Page 7
June 25, 2019
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,
I'll just read from my notes. ~
The good people and small businesses of Chokoloske -,L,l11 o --all
want to thank you for taking the time to make our little ·
community legally golf cart friendly. We would like ecially
recognize Commissioner McDaniel who met with , ot the ball
rolling for us with all the paperwork, review ~~~e a d meetings.
I, in another world, many moons ago, spent 15 e rs in small-town
government in Vermont as town selectm . I know firsthand just
how important is --good hard-work·n ....,..,,-'L.<V -e.
And to name a few: Sue Fils Joe Brock, not only
listened to all my questions, expla e ow the process works to me,
and could not have been nicer the same time; your Growth
Management Departmen ~l'LA'nsportation engineers, especially,
Daniel Hall, who took the e to come to our meeting, and actually
listened; the Count Atjt)rney's Office and the County Manager's
Office all, I kno layed a role in making this designation happen,
so we wish to 11K 1 of them as well.
I wo d h o recognize also the Collier County Sheriffs
y Lieutenant Jake Walker in our district and
--.~~ ... , both of whom suggested our meeting down there,
r meeting, explained the law, and then helped us from
n 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.
Page 8
June 25, 2019
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. 1 ~ ~o
one's pulling these items, and they've already been app ~Q If the
speaker would like --~ ~
MR. MILLER: Yes. Mr. W.J. Klug. Sir, w ~ ........ ou like to
speak? ~
MR. KLUG: Yes. I live at --in Windin~t yfress, which is a
brand-new community and Commissioneirf,i!la s district. I'm glad to
be back in your district, Commissio e ~
And I'm here to speak about -.1-",'"l!II[ rator --the emergency
generator provisions. I bought i e inding Cypress because
Winding Cypress had natural d the reason I was interested in
natural gas is basically a ~~1iJ m a planner. And I've been in this
community since the earl s.
As a matter o fac v my parents moved down here in 1980, and I
started snow-bir in 1992, and in 1999 I came down permanently.
So I do know ·ttle it about the community. I've been involved in
quite some time. Been on several boards.
An w , moved into Winding Cypress with the idea of being
~lili1ilrjl".l.l an emergency generator. And as I understand it, when
............ _ ...... ,. ed for the purchase, I could install it. I don't really
un and 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
Page 9
June 25, 2019
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, -~ 1s
going to change that back to five feet. I won't go through a
nuances for it, but I am --I've got diabetes. I don't wan
much involved in this, but I've got diabetes. I've got
neuropathy. My granddaughter is mentally distur
debilitated, and my daughter is on the way to ·
CHAIRMAN McDANIEL: Sir?
MR. KLUG: So I really didn't --
CHAIRMAN McDANIEL: l'111
your three minutes are up, and we
and--
ng to cut you off, but
ted in favor of this already,
MR. KLUG: Okay.
CHAIRMAN McD ~T"t...,,,.._ So are we.
MR. KLUG: And I k you very much. Nice to see you
agrun. ,
CHAIRM cDANIEL: And good luck with your family,
r. Troy?
. .,_._,,_,a....,,._,R: No, sir. That's it.
AN McDANIEL: Okay. Very good.
MISSIONER FIALA: I would like to mention something
7D. 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
Page 10
June 25, 2019
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.
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
proposed and adjusted is approved. Any othe
(No response.)
CHAIRMAN McDANIEL: All in f~r
COMMISSIONER FIALA: Al e~ t()
CHAIRMAN McDANIEL: ~ ~,,
COMMISSIONER TAYLO · ye.
-~-......,..-S: Aye. COMMISSIONER SA
CHAIRMAN McD ~T"t...,,,.._ Opposed same sign, same sound.
So moved.
Page 11
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 llF: 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 SA 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 llE to be heard no sooner than 1:00 p.m.
7/11/2019 4:25 PM
June 25, 2019
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
These are approval of the May 28th, 2019, Board of Count
Commissioners' meeting minutes, and the June 4th, 20 IJ ,\ ard of
County Commissioners' workshop meeting minutes. ~
COMMISSIONER FIALA: I make a motio rove both of
these meeting minutes. ~
COMMISSIONER SAUNDERS: Secon~
1
,
CHAIRMAN McDANIEL: It's bee oved and seconded that
the minutes as printed are approved 19 r discussion?
(No response.) ~
CHAIRMAN McDANIEL: . favor?
COMMISSIONER FIA
CHAIRMAN McD
COMMISSIONER LOR: Aye.
COMMISSIONE SAUNDERS: Aye.
CHAIRM cDANIEL: Opposed same sign, same sound.
(No res
CHA
MR. : Thank you, sir.
So moved.
PR CLAMATION 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
Page 12
June 25, 2019
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 an ~
Recreation team. If you'd please step forward.
(Applause.) 0
COMMISSIONER TAYLOR: Dr. Savarese, ho . you get
this job?
DR. SAVARESE: I'm moonlighting as
(Applause.)
COMMISSIONER FIALA: Thanks al you do for all of us.
CHAIRMAN McDANIEL: M_ovar·--,.,..--::
MR. OCHS: Thank you, sir. ~
We move to this moming'~s tations.
Item#5A ~e;
PROJECT UPDA E F~M DR. MICHAEL SAVARESE,
PROFESSOR O ARINE SCIENCE, FLORIDA GULF COAST
UNIVERSIT , DR. PETER SHENG, PROFESSOR OF
COASTA & VIRONMENTAL ENGINEERING,
UNIVERS F FLORIDA (VIA WEBCAST), ON THE NOAA
G .,_,_~...,.. DED PROJECT TO DEVELOP A WEB-BASED
TIVE DECISION-SUPPORT TOOL THAT WILL
E E 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-
Page 13
June 25, 2019
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 Environme
Engineering at the University of Florida, regarding the NOA }\ t
funded project to develop a web-based interactive decision ~ort
tool that will enable natural resource managers and loca 0
governments to identify areas of high vulnerability ta~cl9l evel rise
and hurricane storm surge and use this inf ormatio1""_,..~ .. ~ ... ,__, rategic
coastal resiliency planning. ~
Dr. Savarese, good morning. I have to ta~ a" rest after that.
DR. SAVARESE: Yeah. That was outhful. Anyway.
Good morning, Commissioners, stat f. ....,.,"".~ for letting us have the
time to speak. I'm talking to you nl!ID -.~-.... erson. Peter Sheng is
connected to us remotely from Ga e ille at University of Florida.
He's listening in, and he's goi o rovide the bulk of the
information in just a few~ ............ ..,.,
My role this mornin really just to quickly reacquaint you
with the project an int duce you to the products that are now
available to be ..,.,.,, ......... to help with this effort, and then Peter is going to
spend a lengt it time introducing you to those products and
f demonstrations to show you how those projects
d how they can be of great help to the county.
~_... said in that long title introduction, this is really about
Collier County with the tools that it needs to look at its
vu bility 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
Page 14
June 25 , 2019
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 vulnerab1
We are, as a science team, a collection of 11 principal investi ~a
involving three universities and five agencies. ~
Peter Sheng is the Lead Engineer and Modeler, an ' the
person that's compiling and producing modeling pro \Jll,_~ ... '~y-My role
has been really to serve as a liaison to the Collier :"f'""'lllk'-~ community.
This is my home, the place I love, and the pla ,.__,,,..re to see benefit
greatly from these tools. So we make a good - a ood team.
We completed our second year ofth ears. Our second year
ended at the end of May, so we're i~ Y e're on track, we've
got good stuff, and we're ready to
Just to remind you, the pu o this project is really to
provide tools to resource man , and it's all flavors of resource
managers . People mana · urban landscape , which is a
principal job of county an unicipal government. It also involves
natural resource m nag,rs and culture resource managers because all
three of those fl s of resources are going to be affected by sea
level rise and ess as we move into the future. And we , as
tendees of he ~ect, have always advocated that it's important to
erabilities of all three in concert and not ignore one
s really about providing the tools to predict how those
re e 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
Page 15
June 25, 2019
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 ~
used. ~
So this is an opportunity for the county to be proactiv~~n ut
avoiding problems, increasing its resilience, and makin it cal
decisions about how acreage throughout the county i · g to be
used effectively, safely, and healthy as we move i future.
And, again, this really involves Collier,
Everglades City. So all three of the municipah e are on board with
this, but it also involves the greater, great~.2_mmunity, and not just
government. • A, t()
Let me talk to you a little bit t~CUNE. ACUNE, again, is
an acronym that stands for AdaP, a · o of Coastal, Urban, and Natural
Ecosystems. And, again, it's · y of tools, a suite of tools that
look at how the landscaQ · · ly to respond as we move into the
future, as sea level goes u s we get impacted by future storms.
They're all co pu~r models. So these are models based on best
science. The bu f the principal investigatory team, the scientists
involved, are r gi their expertises to the table to produce the
models th are oviding the greatest predictability and accuracy so
/1/C>,1'<:l"W"\etter sense as to what we might be up against in the
odels --all the tools are targeted on three future dates.
e the dates up there: 2030; 2060 --2030 is just around the
comer. 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
Page 16
June 25, 2019
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 le
increase as we move into the future. ~
Today there are two suites of tools that Peter is going t esent
to you and demonstrate their use. So I'm very excited£ o . I
think you'll get a good sense of how valuable these t
just introduce to you the tools that are now availa ypr,m,l,~li!k'-t you're going
to see demonstrated in just a moment. ~
The first are seawater inundation models. v Kay. So these are
models that look at seawater, marine wat oming over the coastal
edge in response to sea level rise fro.m · oding during times of
high tide and also from storm sur~~ rms hit on top of higher sea
level because of sea level rise. .... ~
And these models can be ith or without storms. You can
look at sea level indepen t ou can look at it in concert with
storms. So it gives you a nee of seeing how the landscape is
likely to be afflicted bY. uisance flooding, the kind of nasty high tide
flooding that --sunny day flooding that Miami Beach always
talks about, a t a gives you a chance to see how the county's
landscape · li to respond when storm surge sits on top of sea
level rise.
-~)il!llllill.,... ...... odels are remarkably complicated and sophisticated.
he most interesting thing about them and what makes them
un 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
Page 17
June 25, 2019
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 s~ ~
demonstrated in just a moment.
The second is really an interesting outcome of the , ....... ,,no that
Peter and his team have done thus far. This is what _._.....,. _ _._-"IIU
call a rapid forecasting system. It basically will e ... _.,.. .....
management people in the county and emerg
people only --I'll explain that in a minute. It
information about the potential effects of
So as a storm is coming in, an
going to make landfall somewher · county sometime in the near
future, it gives emergency man~~ e ability to manipulate that
storm experimentally. ~~
The Emergency Ma . .::-~;.~.,::--_nt can change the storm track. They
can change the size of the rm. They can change the characteristics
of the storm. And they tlien emergency management can run these
simulations thro this rapid forecasting system very, very quickly
to give them · tio al information that could help them in their
managem t ~""-i>LL.1 1ons.
So it's · cally a tool that supplements the information that
Erne ~._.~.J.. anagement has to deal with the impacts of impending
his kind of tool would never supersede or replace any
re .,,..,,J, ...... endations 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
Page 18
June 25, 2019
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 s
what --the sea level rise magnitudes that we're going to be ·
that are being used in the models. 0
You can see in this table are the three dates: 20 60, 2100;
and then each one of those cells lists a low, mediu ~----high sea
level rise magnitude in feet. So in 2030 we e rience
something as low as less than half a foot of seer e el rise. I hate to
bring this up, because it's kind of scary. I 10 it's possible the sea
level height might be as much as ei &ht her than it is today.
So these are the numbers we're us· · e simulations. This will
give you a nice suite of simulation t ook at various possibilities as
we move into the future. ~
The last piece: I w -..,-'l!l,""",--.,,...talk a little bit about the community
engagement aspect of this d ect. As this scientific work has been
going on and as th se t ~ls are being developed, we --a collection of
the team memb nd people from the county, volunteers, have gone
into the com ity d asked those people in the community to
speak abo t th · oncems and to talk about what they view as assets.
So thi part of the project that involves asset identification
IIL',illl~ ping. An asset is something of value today or
1 of value in the future that sits on the Collier County
pe. 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
Page 19
June 25, 2019
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
affected. ~
Now, we've done this two ways. We've gone into the 4
professional community, people working for county an e
government, natural and cultural resource managers.
compiled descriptions and locations of assets fro .L -"""!_'V"ill .. '-'
they're already within the database, and the m
of those maps.
In addition, we've solicited assets fr 80 or so community
leaders. These are civic leaders rep,es M..._ .... .,. ....... =--~~ arious sectors of the
economy and social services, incl"""'"'W ........... althcare, real estate
development, agribusiness, the r 1 1 s organizations, general
business and tourism, and we'.-1..."""-U""""ed them for their opinions and
the identification of their ~'"s well, and they are being mapped as
we speak. So those will a be available as the simulations are run.
And Peter, in one ¢ his demonstrations, is going to show you
how assets --a c ection of assets can be overlaid.
So I thi t at all I wanted to say in my introduction. If you
mediate questions, I would just turn it over to Peter.
~.r ..... ? There's Peter.
~__,,.,....,n. you see? Can you hear us?
HENG: Yeah, I can see you .
. 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
Page 20
June 25, 2019
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 proje
team work easier. ~
So can you see the screen now with my PowerPoint? 4
MR. OCHS: Yes. ~ 0
CHAIRMAN McDANIEL: Yes, we can, sir. ~~
DR. SHENG: Okay, great. So let me go int - I will do a
quick PowerPoint presentation followed by t
demos so you can see what we've been doing i 1 e.
So this --my name is Peter Sheng a_.., .. ,1-'-• m a professor at
University of Florida in the coastal i n graphic engineering
program. I've been in Gainesville ears. I work on almost
every single water body in Flori a · uding Rookery Bay and
Naples Bay, Florida Bay, Bis ,...,./'__ Bay and Charlotte Harbor,
Sarasota Bay. I work on er of challenging coastal problems
including algal bloom pro ..,_.L.___ .. s, and we may get involved with the
red tide problems, but tvcl ay I want to talk about coastal inundation.
So, like I s~'m with University of Florida at Gainesville,
Florida, whic i~., t~est location in the nation second to probably
Collier Co nty.
Ri ht, e?
ARESE: I agree.
HENG: So we have a very strong team that Mike
m ned. 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
Page 21
June 25, 2019
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 clima
change to produce a sustainable and economically healthy So
Florida in the context of increasing future inundation risk.
And here on the left we see a study domain includ
coastal region, but we go quite a bit into the ocean a . .J._.__
inland so we can cover the community mangroves ~.""'.J..J.
and on the right you see a large mangrove for o o the largest in
the Gulf Coast region. And this is the very val a e resources to the
region because it provides valuable ecosy ms services including
fishery habitat, ecosystem diversity ~a protection. And so
this is --these are the focus of our ooking at the future
inundation risk as well as the gree i rastructure provided by
mangrove and marshes in pro ~ the community from future
inundation risk. ~ ~ -
And this future inun · n risk is really due to several things.
It's --we know the hurr · anes are getting more intense, and the more
eing more frequent. At the same time, sea level
ut rely. And there are updates every year about
how fast t e ic rgs --icebergs are melting, and so this information
ated if not every month, but at least every year. So
~,.,_"' ..... r sea level rise information, as Mike has mentioned.
e are reminded that just as recent as two years ago we
-his 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
Page 22
June 25, 2019
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 ecolo al
sciences and with significant end-user input. And it's a conti .......... '111 ...
process that users can provide input/feedback so we can --
continuously improving the project. 0
The tool will guide end users to develop coastal · ence plan
for flood protection, estuarine preservation, and m ~;!,~ e
restoration. The products we have so far we--.... -E2.0. We're
just near the end of second year. All the items · reen are the
products we already have, which I will de ns rate: Mangrove
distribution labs; future tropical eye o ture climate; sea level
rise scenarios we just updated and, on the latest information,
we have probabilistic coastal inun n maps for current and future
climates, three time periods. _.-._,s are comparable to FEMA
100-year flood maps exc include future storms and sea level
rise which FEMA flood m do not include. And we will produce
future !nundation~ps nd economic impact maps as well for these
scenarios.
These p cts an be used to answer many, many different
questions. re some simple questions, but we can call that case
studies. T an be answered by using the ACUNE products. For
~.,,.,,, ... at is the annual 1 percent chance coastal flooding in the
.._. ............. ~----· ies and infrastructures?
here is the best location to build a new airport or emergency
shel er? 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
Page 23
June 25, 2019
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 coast~
inundation scenarios for planning. It will only be provided to · er
County Emergency Management team for planning (indisc -1,., e).
If we're given a track --for example, this blue trac Q,ou see
here, is a track that was forecasted for Irma at, let's s..,...,_,,._. hours
before actual landfall. It was going quite far west. ~--'-'iw-what the
prediction of this rapid forecast system tells u
get the track, in one minute it produced this hi esolution
inundation map . For Collier County you see the damage is very
significant, much larger compared t ~ I -w-_._ ... ._, fortunately this did
not happen. Fortunately Irma trac .... .._. ..... L._ a much further to the east,
landfall Naples, so, therefore, re e e impact on Collier County.
S~ I'll do a live demo in a litt ~:' Again, this takes only one
minute to create. ~
These are the sea lev ise we developed this year based on
regional sea level. Las w ear we presented the sea level rise scenarios
on the left here. ese are based on global mean sea level. These are
st e used for this region . And after consulting
the best se ise scientists and NOAA scientists, we also
communic ....___,.~ is to the end users in our workshop, and they agreed
that ___ ork with the new set of sea level rise scenarios. So we
d~t probabilistic inundation maps based on that.
d the third product I want to mention, this is work in progress
by .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
Page 24
June 25, 2019
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 tli eft
you see the current land-use feature. You see on the left the _r,« s
indicates developments, and their prediction based on a f e~rs ago
analysis, these are the future developments, because Co i ounty is
one of the fastest growing communities in the state o ida. They
expect more people/developments in this region; t,~~.~~re, it
becomes much more red in this region, and th --as land-use
changes, the flood vulnerability increases and,
must take this into account.
In the south region, the landsc <VJ e · reflect the turnover
from marsh into all mangroves. S 1 two factors are being
addressed by us. And first is US i 1 produce this mangrove
model which will tell us what,~--ture mangrove distribution looks
like, and we are always i1lt'l'!lr5r.s a in what Collier County Planning
Department can do in te fFuture Land Use Map for 2030, 2060,
2100. And if plan ing jt)lks are working on these, it would be very
much incorpora into our model systems.
And the 5 oduct is this ACUNE2.0. It's a web-based tool.
~"',_,,, this very quickly. But here's what happens --
we have a collection of flood maps. I'm not going to
"-..r--..... ese. I will explain to them again --to you again later.
ent scenario, different percentage, we also have .2 percent,
ear maps. Not all of them in here. We also have the bathtub
resu ts, 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
Page 25
June 25, 2019
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 spec\~
log-in system. We have two focus groups formed at the w ~op in
May. Amy Patterson is the leader of the urban system £ Q group
and Rachel Kangas is the leader of the natural systern,ii~t'!.w s group.
Each group will have four people. They'll be wor · n this website
for the next two months to try to answer a var· uestions, create
two case studies, and then report back to the sc · ence team on their
findings and suggestions by the end of A st.
And the science team will use tp e · · to improve the web
viewer, and then we'll organize a · with updated ACUNE2.0+
with user training in the fall of 2 ] . o these are --I mentioned
about six products. We have other stuff which I'm not going
to go through. We have ..,.,..,, ..... ted LiDAR map , LiDAR imagery of
the region. We have som the best geomatic survey experts.
They're going to b fly· g new LiDARs in the region.
We have re ed out to U.S. Army Corps of Engineers. They're
also doing si~.-~··-·r p blems, and I also want to mention in passing
that based n t ·nput of the ACUNEl.0, we submitted a new
ACUNE+ in March to the NOAA ecological effects
~...,, ... 1se program, and US with Lee, with USGS, South
ater Management, Florida Gulf Coast University, and we
w1 egrate coastal flooding model with stormwater and inland
floo 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.
Page 26
June 25, 2019
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, an
have just a remaining few minutes to go into the live demo.
okay. I'm bringing the --bringing in the rapid forecast
and am also going to give you --
So here is the ACUNE map, ACUNE system -v·-log in here.
We can see these are bathtub, one foot --one t o 1ng, bathtub
with six feet flooding. And you can see the in"""'"__."'._.,.,tion is not too bad.
It's on the right is the scale. Blue is one £ al the way to 15 feet,
but mostly it's blue, and it doesn't re.fll oo bad. Only the
coastal area you get six feet in the ...... ,.......... ere. And these are what
you get from the NOAA inundat·o
If you look at --includin e ff ects of tide, nuisance flooding,
nuisance flooding, it's fr ~,L~ .. ~r"'~...,,and sea level rise only. There's no
storms. It still blue, large lue. Nothing too bad. Less than five
feet. ~
Nuisance flooding by 2100. It gets a little worse because
we've got 8.3 et. his is the high end of the prediction. Okay.
Again, thi has storm. If you bring in the storm, then 2100 --this
is the pictu 2100, 1 percent annual flooding --annual trans
floo · . So 100-year flood map with the high end --very high
Dr,"'0-s level rise 8.36 feet. So this is the absolute worst-case
os 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
Page 27
June 25, 2019
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 ._.,..,.__,
current climate 500-year. So somewhere in between is pro~ the
more realistic flooding scenario. 0
Now, in order to fully make use of the asset ma , again, we
can click "road." So we'll see Highway 41 is oka ot going to
be --going to be inundated with the 100-year ~~~~ cenario. But
if you do --if you do a 2060 --2060 high-end e ano of sea level
rise, you will see 1 percent annual chance · hway 41 is going to be
significantly impacted by 2060. Bul i 030 with a low sea
level rise, then it's only a small po ighway 41 will get
flooded. So these are kind of an e ,,_,._,.i le of how we use that.
Let me go quickly into t
seeing this rapid forecast·
Okay. Here it is. All rigfl
· d forecasting system. So I'm
em here. Make it bigger. All right.
So what we see he , we pick a track, we pick Hurricane Irma.
This is the Hurr· e Irma track. So we have the pressure here,
radius maxi::-:,;.,.1.:---.111,,.wi tl, force, speed, or building. We click here. It
gives us a ap in about one minute. So it actually takes about
five secon tlo interpolation. What's this interpolating from is a
data ~---~ out 400 storms. We have the inundation maps of these
4 -.u,-s calculated with full-blown 3D models we store in the
e. 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
Page 28
June 25, 2019
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 Cen r
is about one kilometer by kilometer. So --but it gives you A'<>
doesn't supersede the Hurricane Center forecast. It provide
additional details; therefore, it supplements whatever in,:;;~~~tion you
get.
So here's one example of the inundation man ~ ... ,,.., let's say if
we want to reset this, we want to --okay. W ~ try a slightly
different track. We want to try Irma, and we ~n\ to move the Irma
track a little bit to the west. So we want t ove the Irma track.
Okay. Now it's blue. I can move it _ I e this track west. So
I'm moving this to Sanibel, right? nt to see what's this going
to affect Collier County. You m · t ink the worst impact is going
to be Sanibel, but you might b rised that it is actually going to
have a very different im~ .. .-. -so I also made the pressure deficit a
little bit higher, a little bit er, the radius, maximum wind a lot
larger, forward speed a · ttle slower. Everything that will make the
impact stronger. in less than a minute you will see a new
inundation m~Jr o this rapid forecasting system for Collier
County. .....__~
, again, is provided to the Collier County emergency
~..._,., ... planning purposes so that they can plan during
..., _ _.__~-season or off season. In between seasons they can plan out
st-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
Page 29
June 25, 2019
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 mana~r,
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 nty
free of charge, and we are in the process of getting this ."r"~~
implemented on the Collier County --with the help o
department. We're very happy that the IT folks st,...-·._, up. And so
now I told Commissioner Taylor the other da~ ol 1er County is
now one of the most tech-savvy counties in th ~n'tire state of Florida.
So let me go back to --yeah, so this 1 summarize my
presentations at this point. And I thi --..,_,,.""'r your attention. And
if you have any questions, quick q · o s, I could answer;
otherwise, we can ask Mike Sav r who is in the audience. I wish
I could be there today. I hope a be there next time I present to the
Board of County Comm· · , or you can send email to
Commissioner Taylor to We'll be happy to answer this question.
And, as I say, I thiJlk you should have gotten an email today
with user name, sword. You will be able to get on the system, on
this ACUNE 1 we not the rapid forecasting system. Rapid
f orecastin sys , has already been trained on the use of it.
So tha ou very much for your attention, and so that's the end
~~,.._ ... tation. Thank you.
IRMAN McDANIEL: Thank you, sir.
MMISSIONER 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
Page 30
June 25, 2019
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 Mo
yet? ~
DR. SAVARESE: No, it hasn't. That would hopefull,~ a
future outcome.
CHAIRMAN McDANIEL: Okay. I mean, that ---L:.mc·nk, would
be very valuable from an asset management stand · ecause that's
an interactive program that we can actually c uses on at the
same time --
DR. SAVARESE: Right. (', _
CHAIRMAN McDANIEL: --Ji ll ~at the impact is from a
development standpoint. ~
DR. SAVARESE: And Pet,..,~-A----tioned this other proposal that
we believe is tentatively fund e're waiting for official
notification. He mentio · at project will provide greater
insights on the response o e interior portions of Collier County that
are more likely to e afje cted by freshwater inundation rather than
storm surge or s ater-related inundation.
CHAI cDANIEL: Thank you very much. Very, very
informativ . reciate it.
DR.S RESE: Anything else we can help you with?
~-..,•..L..LSSIONER TAYLOR: Thank you very much.
AV ARESE: Thank you, Peter, if you're still there.
DR. SHENG: Thank you. Bye.
COMMISSIONER TAYLOR: Thank you.
Great
MR. COHEN: Commissioners, Thaddeus Cohen, Department
Head, Growth Management, for the record.
Page 31
June 25, 2019
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 resi ...... · ............ ,_
and sea level rise storminess that the doctor has been talkin out.
It's a regional network united by common problems and solved
through leadership and shared resources . It's an effic · eans for
adjoining local governments to collaboratively ext-... --.:,eyond their
respective boundaries by working together, SiiT"III"'--practices, align
the respective initiatives, and coproduce assess _ii-iits, public policy,
interventions, and other materials beyond scope of a single
partner. •
So, clearly, if you have a reg· , · t ovides an opportunity for
us to work together on issues tha e ommon. We're able to build a
regional knowledge base, an iJ..l..r-..,,.;.....,~::-s·s>Jed public support and political
will to discuss the conve · of climate change and storminess,
and it also provides an op unity for us to work across jurisdictions
on issues that are com~n or all of us. And I think being able to
· on becomes important if you're trying to create
sustainable C :ii.ii,~iu ies.
cy for compact. It is nationwide typically in
d coastal areas, as you saw from the work that's
ow. The state is more engaged than --more than ever
ey're pending looking at an office of resiliency to be able
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,
Page 32
June 25, 2019
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 a ~~
independent, but also jointly working together when you ha
opportunity to pursue funding, particularly at the state 1
federal level, which are looking more at regional org
what you can do at the local level.
Representatives from the three counties
that was about 50 individuals, have met alread discuss the
possibilities. Circulating currently amon ose 50 individuals is a
memorandum of understanding. It ~x tates that the
participation does not require fina i 1 estment, and those are
going to be workshopped throug e 50 folks, and hopefully
sometime in the fall we'll be a come back to each jurisdiction,
particularly here in Colli ty, and speak with you through the
County Manager, obvious to see if there is support of being able to
move that process orw~d.
As a sideb , believe sometime in mid to late September, I
em r 22nd, Dr. Savarese is trying to reach out to
folks over· i-Dade County. My former colleague, Jim
ver --former DCA secretary, he's now the resilient
...,,~w: ... ami-Dade --to have them come over and talk in terms of
e ' e been able to work this process over the last 10 years and
w er 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.
Page 33
June 25, 2019
Thank you.
DR. SAVARESE: No questions?
CHAIRMAN McDANIEL: Happy to see it.
Item#5B ~
BRIEF RECAP OF THE MINTO US OPEN PICKLEBAL~ 'bi
CHAMPIONSHIPS THAT WERE HELD APRIL 27 -~--~ 4, 2019
AT EAST NAPLES COMMUNITY PARK. PRESE~,.:...J BY
TERRI GRAHAM AND CHRIS EVON -PRES
MR. OCHS: Commissioners, we move ~o tern 5B, and this
is a presentation that provides a brief rec /·~~ ~into US Open
Pickleball Championships that were.h""'--"'-"--· 27th through May 4th
of this year at the East Naples Co ---"""-Park.
Terri Graham and Chris E~ make the presentation.
Good morning, ladies. ~!'
MS. GRAHAM: G ing. Terri Graham, Co-founder of
the US Open Pickleball pionships.
Good momin , C ~missioners, gentlemen. On behalf of Jim
Ludwig, Carol ~, ..... er, Chris and myself, we'd like to provide this
brief recap fg(y'~u the US Open Pickle ball Championships this
year. ~"
First o , if you look, we had an eight-day event back in --it
...... ..,.,.~~ ong time ago now --back in April. Again, the largest
party in the world.
e 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
Page 34
June 25, 2019
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
our volunteers here today as well. But you look at this group ,.p4
and these are our captains. This tournament does not run w~ut our
captains and our volunteers. A main, main part of our t -~..L ..,.,
We're a little biased, but we feel we have the best vol~"'~
country when it comes to these pickleball tourna..L..L _..._,_,._,..,.
Kiwanis, again, community support. Bil -~..... a 1, you know,
they parked 9,800 cars throughout the week. r 1ng is a little bit of
a concern for us. You think of East Napl ommunity Park, and
you think of the amount of parking ~e --.-'"""--~e every day. It's a lot.
You look at multiplying this ._,..L .. ,..L..Lost 30,000 visitors that
come through the park througho t eek. Now, those aren't
unique visitors, but in all it's 3 , footsteps going through there
over the eight days. -0,
And all this money s~ right here in the community. A huge
project that Kiwan· s do is called Christmas in July where they help
support 3,000 at k kids here in Collier County.
So over a years --this year we did the check. It was
$20,000 r · se parking fees. That equals almost 3,000 kids that
receive bik d school stuff, a helmet. It's a great program. Again,
wed ' is without Kiwanis as our backbone.
elevision summary: We had three programs on CBS Sports
k 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
Page 35
June 25, 2019
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 tum 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 h
Yeah. Well, I think my last slide was Radio Marg Q ille that
was on board with us for two days, Friday and Satur aching
millions and millions of people around the count v ... 1--.n we hear
about it all the time. Oh, yeah, I heard about-,.__..._-on Radio
Margaritaville. So this is a great addition. Ob o
main sponsors supports that we have.
Pickleball --the Pickleball Mai a.LU ...... ~ is is something that
comes out once every other mont . ave about six pages of
coverage in here . Incredible cove or us, for Naples, and for the
US Open. ~
The future . The fut V,...IIIJl-... e park is critical for the US Open to
continue to grow and to c · nue to be the leader in this sport, but
there's some things that eea to happen on the park. One is the power
upgrade. The p r there, as we learned yesterday --I think it was
20 , 25 years --t t it hasn't been updated. We have these
generators It not our best moment having these generators
scattered a~,,...._.. the park, especially this one that helped our
YJ :-..i~~_.1ng that we decided to air condition all the tents this
endor village, which thank God we did, because it was,
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
Page 36
June 25, 2019
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
our technology nonstop. Whether it was the scoreboard that .L....,....~-
power, the WiFi --unfortunately, we had to shut down a co
our Pickle ball Channel live streamings because the WiF · e t out.
We had credentials with security on it. Didn't work ~a~e of the
WiFi going out. So that's a big thing we need to u--1~e.
Water upgrade throughout the park. Bat d showers. I
mentioned this yesterday in the TDC meeting.
appreciate this. The men don't care beca there's always a tree I'm
told. But there's two ladies stalls at Jh You have 400 people
coming to that park January throu a: every single day, and there
are two women's stalls. Bathro~\a a must at this park. It should
have happened years ago. ~~
You know, and, ag · , all due respect to this park, it's a
1980 park that needs to be graded to at least 2000.
And we alwa s taijt about this. Some people think the US
Open's an eight-event. The US Open's a 12-month event. You're
getting hit o st tly on social media. Year-round visitors. With
Jim and C ol ing daily passes, you look at 4,200 passes are daily
st from eight to noon. That doesn't include
eve ~.._,.... ... at comes after noon that doesn't participate in organized
p~t esn't include Saturday and Sunday. 'V> 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 pickle ball players for around the world, and
people come here every single day to play pickleball on those courts.
Page 37
June 25, 2019
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
every day. Jim gets phone calls every day. Will you guys co
present to our board, our county board, to see how you did · we
can emulate it here? You guys are the leaders. And w ~~ · t going
to keep riding this wave as long as you'll have us . ~ ~
And now the thing that you're really concern · is, how
many hotel room nights did you get? What t at· sf action rate?
And Chris is going to run through this one for o .
MS. EVON: Hi. So we do two surv to try to get an idea of
what's going on with the event. An t ne is a survey that
happens pre-event, and it's only w· layers as they register on
our pickleballtournaments.com r · tion site. So this is just
players.
And I think we've tam•~~ a lot of you about this . Our
registration process is ve ressful for players because they go in,
and their event can fill w within three minutes. And so they're in
there, they're fil · out their form, and they want to get out of there.
So we try not o a that any more stressful with a lot of questions.
So we ask he o questions on this site, and that is: Where are you
I\. ow long are you staying?
.u-~ ... 2,100 players, we've got an average of six nights that
t ~-.. ying now. Now, most players play in a maximum of five
ev 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.
Page 38
June 25, 2019
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 th
people. This is a place they want to be, and they want to br·
friends. 0
Yesterday a question --a great question came u t what are
those 6 percent that are very dissatisfied? And do ~·~ow that?
And are we doing something about it?
So we do know that. We listen very care o t e comments
that we get from people. But this group c d lSe and probably is
partly the group that got canceled, up £ ...... ...:-~-rT~Lily, at the end of the day
on Monday when we had lightnin 1n through the area, and we
had to --out of safety for everyb e had to cancel the afternoon
play there. Those are probabl of that 6 percent.
But the other thing le tell us is the bathrooms. You
know, that's the negative back that we'll get. There's --you
know, and we put a lot f bathrooms, as you guys know that have
been there. We a lot of nice bathrooms, but it's still insufficient
for the numb p ple that we have.
And r thing is parking, that we've improved a ton on
ears, but it's still an issue. The traffic on Thomasson.
H.~~.r-people in and out of the park efficiently. So that's
1 that people will tell us. So we do listen very carefully and
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
Page 39
June 25, 2019
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 w1
their friends, they're sightseeing, and they're hanging out in t ""'·':ll'1'"11all
So, again, our players survey said there was an avera
six-night stay, but it's also a general average. So people e oming
and staying for an average of six days. But look at t - 5 percent
are staying for seven days or more. Again, this is .,.,~ .. ~
They're not playing for seven days. That's no
They play for a day, and then they might play
event.
But they can't play for seven d i y
and hang out, and they make this ·
friends. Their pickleball vacatio .
y want to stay here
eir vacation with their
So like we said earlier, w e they doing while they're here?
Well , we keep them prett-~~ at the park with pickleball. And
pickle ball players, if you 't know this, are a bit fanatic about
pickleball. So the~ wa1>f to be at the park, they want to watch their
friends, they wa o play, they want to hang out and watch the pros
play, be on C.--~-.... -Pi ship Court, but the biggest thing that they do is
they go o to with their friends. That's what they like to do. And
obviously ing and sightseeing are high up in there.
~~~ feedback that we also get is they come to the US Open
._...,,....,ate in the US Open. They come back to Naples later,
w s 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
Page 40
June 25, 2019
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 ni ~
energetic video at the end of the event to bring out the fun
everything. This has been shown (sic) already by almo~ \) lf
million viewers, so enjoy. ~ ~
(A video was played.) ,~
"MS. GRAHAM: The Minto US Open 11
Championships powered by Margaritaville.
"Well, this is the party atmosphere e t, so people come here.
They get off their couch, they get o t , and they come to
Naples, Florida, just for a fun tim . ~
"MS. EVON: They want to their friends play. They want
to party with their friends, ha with their friends, and they just
(The video conclude
have a great time." ~
COMMISSIONE FI LA: Yes. Just a quick question. Two,
maybe. How m of these participants come from the USA, within
the USA, or ......... "at'h, ou know, states in the USA, and how many
come fro otli ountries?
MS. : I don't know that number, Donna. I know we have
~....,. represented. But offhand I don't know the exact number
ers.
MMISSIONER FIALA: Oh, okay, or percentage or
anyt ing?
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.
Page 41
June 25, 2019
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 wo
their shirts all over. There had to be 50 of just them. So w~ll ~
hundred are coming from out of the country. ~..,
COMMISSIONER FIALA: Thanks. And the oth n is, I
notice you didn't mention --you know, you talked ab e
restaurants. How many are buying houses here? ___..__,..ome in and
then buy a house. So I don't know if you hav
MS. GRAHAM: Minto would say not en ut there's a few
every year that we have this event that eit buy that week or come
back and look around and purchase r n~
COMMISSIONER FIALA: ~ou very much. It was an
excellent presentation.
MS. GRAHAM: Thank ....._...,._. ommissioner Fiala.
CHAIRMAN McD Thank you very much for all that
you do.
MS.GRAHA
MR.OCH
CHAI
: ],harik you.
hank you.
cDANIEL: Outstanding .
OMMENTS ON GENERAL TOPICS NOT ON THE
NT 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
Page 42
June 25, 2019
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. 4
CHAIRMAN McDANIEL: Oh, yes. She will be ng.
There's no doubt about that.
MR. BEYRENT: For the record, Garrett Be ,.-~'lllr...J I have a gift.
I always do this. This is my presentation of y a r for doing
something you haven't done yet for the public o cl .
And today's award is downstairs bee e Mary said I cannot
bring the water skis that Burt Saund;r ,...,_,, ..... ..,.,.-. performed on on
Lake Avalon where people were s ... '"Wc ... ~~,,_, on his shoulders. It's --I
didn't know how they do that. T e three people.
And I've got your water ,_.-._., hey're down on the first floor. I
got them from Allen we· ....., ...... task any questions. Long story.
They cost five bucks. Bo tit at the White Elephant.
COMMISSIONE SAUNDERS: I'd like to see those.
MR. BEY~~ T: They're down there. Mary will give them to
the 1rst floor. So in any case, you have two sons.
ars old, right?
IONER SAUNDERS: Twenty-four.
RENT: Okay. I've got one that's 23. I just have one.
t you have to do is, to encourage kids to get away from cell
pn'-"'111.~,IU , 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,
Page 43
June 25, 2019
Lake A val on. 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 alwa s
the --it was what it was, the Phil. And then somebody walks in d
says, oh, no, that's not appropriate. Now we're going to call i
So what happens? We're losing our history, because peopl,__ ..... eople
are not acknowledging the people that made the town. ugdens
donated all the land around Lake Avalon, and you st ur neck
out there, got on the shoulders of somebody else d g around on
the boat. You've just got to do it one more ti 're not that old,
Burt. You're the same age as me.
C?MMISSIONER SAUNDERS: ~~Ht. Well, I'll try it one
more time. • ... ~ t()
CHAIRMAN McDANIEL: ~ou very much. I guess we
have no prizes today all right. We e oing to take a court reporter
break. Be back at 10:36-ish.
(A brief recess was Commissioner Solis is now
present.)
MR.OCHS:
CHAIRM
MR.OC
CHA
ad~ and gentlemen, please take your seats.
cDANIEL: Hey, everybody.
. Chairman, you have a live mic.
McDANIEL: As previously stated, we're back at
Yes, sir.
REVIEW OF THE OFFERS SUBMITTED FOR THE COUNTY-
OWNED PARCEL LOCATED BETWEEN IMMOKALEE ROAD
AND 4TH STREET NORTHEAST (RANDALL CURVE
Page 44
June 25, 2019
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 CONTRIB
AGREEMENT (DCA) WITH IMMOKALEE ROAD RU
VILLAGE FOR THE DEVELOPMENT OF A JOINT TY
AND SCHOOL DISTRICT FACILITY -MOTION CEPT
THE CROWN OFFER; STAFF TO MOVE FOR . .,.~_ .... ._._... WITH A
PURCHASE AGREEMENT AND STALL N A ING A DCA
-APPROVED
MR. OCHS: And we're movi g ............ a-_._ ... ..., 0 a.m. time-certain
item. This is Item 1 lD. It's a rec'-'-mw-------~ ation to review the offers
submitted for the county-owned c located between Immokalee
Road and Fourth Street N orth~l:ll--• ommonly referred to as the
Randall Curve parcel; pr · rection to staff to pursue a purchase
and sale agreement with t hosen offer; or refuse all offers and
maintain the parce in i~entory for future consideration; also to
authorize the Ca Manager to continue to negotiate a Developer
Contribution ee ent with the Immokalee Road Rural Village for
developm to · int county and school district facility.
Ms. T ott, your Property Acquisition Manager in your Real
~,.....~· es Division, will make the presentation.
MILLER: And, Mr. Chairman, we have 12 registered
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
Page 45
June 25, 2019
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 he is
our parcel here. ~
The brief history, as you know, we came before the B'-J...._.&'.'_
December 11th, 2018. Staff proposed entering into an ~_,.~ _ _L_L
with the school district to have joint services on the
In February 12th, 2019, the County Commissioneria::,~,_L --
property be advertised for sale for a period of '-0-..,., ...... ..,. he property
was advertised for sale in the Naples Daily Ne s. T ere were four
proposals.
At the April 23rd board meeti~, "" .. --..... ~.,.., ..... _.d direction was to
continue the item to the May 28th rv11~---;.~~--~eeting to allow the District
5 town hall meeting and to requ~H offerers to present their
proposals at the meeting. ~:
CHAIRMAN McD ~~-~":._,,,__IIIIP" And we did determine that
"offerers" is a word.
MS. MOTT: Co rr,ct.
CHAIRM cDANIEL: Okay.
MS. M ank you.
The Board uses it all the time, so
MOTT: On May 28th, the Board direction was to set a
rtain 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
Page 46
June 25, 2019
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 Magnol~
Pond property for the 47 acres. ~
The recommendation is to declare the 4 7 acres parcel lus or
retain it, accept the offer from WW and MR Woods & __,,.111,L__.. any, or
accept the off er from Crown Management; direct the ~• .... Y.lty
Manager or his designee to prepare a real estate sa reement;
follow appropriate closing procedures; author· t e proceeds
from the sale be deposited into reserves for a u e allocation by the
Board; authorize the necessary budget a dments; and direct the
county manager to work with the de~e the Immokalee Road
Rural Village to prepare a DCA £ ~"'-... __.. ial partnership with the
developer; and to work with th~o district to locate joint
facilities at this site. ~ ~~
Any questions? ~
CHAIRMAN McD~ L: Any questions?
(No response. ~
CHAIRM cDANIEL: Do you want to go to --let's go to
there's no comments. Let's just rock on.
All right, sir. We have 12 registered speakers.
eakers to please use both podiums. I'll call two
o first speaker is David Genson, and he will be followed by
ovanovich.
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
Page 47
June 25, 2019
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 4 7 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 thro
growth management plan amendment process as we speak.
put a hold on it as we were trying to figure some things out tlie
47, but we've continued to push it forward. 0
I wanted to talk a little bit about the county's rec ~~.~~-endations
on some of these alternatives. The first one, the s---~ lub, the
$4 million offer. That's not a non-contingent er cause it has a
a
45-day due diligence period in there. So in rea e ta e world, that's a
contingency where I can walk away. Plu also has, at the end of it,
a total of $40,000 in deposit for a $1 o rchase, which is
1 percent of that price. ~
Mr. Crown's offer, it's a good r. It has many moving parts,
though. It's got the Shy Wolf ._._ ... ,., ...... we support. We thought the
Shy Wolf at Randall Cu nfll!l~.sJ ot a good use , but down on the
property off of Wilson ma makes some more sense.
He has 10 acr s to onate to the county for which you guys have
to figure out wh ou're going to do with that and maintain it, and
who knows a pl s are. Been talking to staff. They have no
plans at th·
He als s to do an amendment to the Estates shopping center
subd ·.<113"!\lt.·~~~;..Jl&U well as the Estates shopping center CPUD on that
p · addition to the Growth Management Plan amendment and
C or MPUD for the 4 7 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
Page 48
June 25, 2019
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 yo
still have. ~
So if we were to get the property, we would intend to ~,._,...-
mixed-use development. We know it's right for it. I do ' ve the
answers to that yet. I need to engage with the comm to figure
out what's needed out there and what's desired for ._,,,~rvices out
here. ~
In closing, I will say that if the Commissi ~
1
~an't come to some
sort of an agreement on how to proceed, would support just
kicking the can down the road, and w e ..,,.,,.. .......... .-.-ddress this at a later
date. Thank you. ~
MR. MILLER: Your next s __.,_._)~-r is Rich Yovanovich. He will
be followed by Rae Ann Burt
MR. YOV ANOVI d morning. For the record, Rich
Yovanovich on behalf of wn Management Services.
I frequently a ree itli Mr. Genson, and I agree with him today,
the Crown Man --~'Yllent Services proposal is a good offer, and all of
the moving P, ar ery easily managed. You'll note that this is the
only prop al has actually worked with the Golden Gate Estates
ome up with a win-win solution to address their
~~~.1.ich was they want mixed-use commercial on the outside
....,_...-. .... Gate Estates. They pref er not to have commercial interior
en 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
Page 49
June 25, 2019
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 m~ lan
and puts two uses on it.
Shy Wolf, which we've already reached a memora-!",......~ of
understanding for them to acquire the property I'm id~T~,.T ing for
you, give the county approximately 10 acres for t ty to use
however it deems appropriate, reduce the co ...... .,.~ what was
originally in the Comp Plan when we went thr ~--~---is amendment
process in the first place.
In addition, what our proposal £l o I would say with
community support, I do not see itila:\{lf',IJl'."I ery difficult to amend the
Growth Management Plan to tak e acres out of the commercial
put those back to the two uses st talked to . So I don't see that as
a difficult moving part, a............... t see the next process , which would
be to redesignate this area ~ ....... mercial node, to be a difficult moving
part, because the c m~nity has already expressed on many
occasions that t see this as a commercial node, and putting these
4 7 acres into mi for commercial would require a Comp Plan
an Growth Amendment Plan. If we're given our own
could easily make that happen within a year.
~~.,_,posal includes cash. The 10 acres has a value as well
ommercial. I think you could safely say that's probably
wo couple of million dollars; and it also gives the county one
usab e 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
Page 50
June 25, 2019
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
will be followed by Tim Wallen. ~
MS. BURTON: Good morning, Commissioners. M y ~,~~e is
Rae Ann Burton, Golden Gate Estates. Q
The item of concern is 11D, Randall Curve pare .,.._.,~ six offers.
Email was sent to everyone on Saturday, June 22n-.,._
10:52 p.m. regarding these offers; therefore, I ·11 t repeat today.
If you can consider some of the offers, they de a d the county pay
certain items, even a 3 percent transactio oker fee, that offers are
less. One wants rights to terminate jl ft .._ .... _~-'IH#'ction for any reason --
puts the parcel back on block. ~
Because there seems to be a e 10n of ownership to the parcel
and how much is left of the 1 ......... ~-acres --spent an hour-plus
searching for the GAC L st agreement, 1983. Found plenty
reference but not the agre nt.
Reading several ti es the 11D's executive summary, it seems
the deal is alrea ut and dried. Language states if none of the
offers taken, · s o retained in inventory and to negotiate a DCA
ural Village for joint development of county and
school dist · acility. Bus barn?
~111t1W.,._ .... • ng to the language in the deed, this parcel was deeded to
t ~~~--~~~, for a park. If not built, goes back to the GAC Land Trust.
It' 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
Page 51
June 25, 2019
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 downtow
Naples. We moved here for the environment, not shopping o
communities. The Board is to protect Golden Gate Estates
wishes, provide the needs of the homeowners, not the d 1 ers.
Vote wise and vote for the good of the homeowners ~!IL.II lden Gate
Estates. ~ ..
The offer that sounds best is Crown and · e~finite use, but
what is the value of the land swap? Others are i er but also have
concessions that are to be paid by the cou , making their offers
less. • ""'
Consider the requests of the .,. ._":-~--~Wners. We live there. The
developers, many of the Board, o . Thank you and all have a
safe 4th of July. And if issue~ ·nue for the Estates, I'll see you on
July 9th. -0 ~
MR. MILLER: Y ou~xt speaker is Tim Wallen, and he will be
followed by Dean a D ~pen.
MR. WAL : Hello, Commissioners and staff. Thank you
very much. a is Tim Wallen. I've lived out in Golden Gate
Estates ov ars. I own an HV AC company here and have
always tho_ ...... .., about the community needs.
-~:Jillllll~wn property or the Crown bid serves us out in Golden
es better than any of the other bids, because the piece of
pr e y 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
Page 52
June 25, 2019
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 ands~
many different things with just doing, you know, one trans a~ ~1i'd
that's pretty much all I have to say.
CHAIRMAN McDANIEL: Thank you, Tim. ,t 0
MR. WALLEN: Thank you. ~~
MR. MILLER: Your next speaker is Deanna ~-"T&l"'l en. She has
been ceded additional time from Rilee Standr' ou indicate
you're here.
MS. STANDRIFF: Here. (',_
MR. MILLER: Oh, thank you 19 A, t(}
Cyndee Woolley? ',~,
(Raises hand.) .~
MR. MILLER: I know ,_ .. __.. .. "'U's here. And Caitie Greisler.
MS. GREISLER:
MR. MILLER: She · have a total of 12 minutes. Do you
have a PowerPoint? Y ~ can please go to that one.
MS. DEPP That one?
CHAI cDANIEL: Yes.
MS. EP Good morning, Commissioners, and everyone
s.
<L"~W7 y to be here for the final, final vote on the property.
MISSIONER SOLIS: It's really final.
S. 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
Page 53
June 25, 2019
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 othe~~
facilities like zoos, wildlife rehabilitators, and Domestic An~~
Services cannot accommodate.
We offer educational collaborations, publications, 0
groundbreaking DNA research, partnerships, we resc .,.._ ..... _.,.,tive bred
and un-releasable wild animals. We provide a ser ~~~1
special niche. We are also founded by the co~T"IIIIIII~
veteran. Safe haven for animals and people.
This is our current location. It's two d-a-half acres in Golden
Gate Estates. You can see we maintai ........... ~"'h tree coverage as
possible. We like to keep it seclu ,,_,,,r,...,,. as natural as possible.
This is the current 40 acres that -.... ---.....__ own owns, Crown
Management. Again, it woul _..,_ hy Wolf next to the county that
he's --county-owned pro..,,,...i.t "" at he's proposing as part of his bid,
and we are offering to he anage that and form a partnership with
the county to develop t~t, whether it be for veteran services or a
park, in that ord because we know that the county may not need
one more pro~jy t manage. So please consider a partnership with
ustodos ......_~
This i ndering that we did many years ago for our new
encl ~,,..,...,., ...... d habitats that would have water features very similar to
t ·cal Gardens. We would keep it as natural as possible.
AIRMAN 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 --
Page 54
June 25 , 2019
MS. DEPPEN: No. We're offering that today. You would have
to accept our bid off er to make that --
CO MMIS SI ONER 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 t':o!c.._...,,....._
necessary. We were thinking more of a passive-use par o g with
possibly a veterans services building. We want to ex=~_.":, our
Healing Hearts Program to incorporate our vetera:!.;.~~~ .. :,,r rams as part
of our Healing Hearts Program and do more · t ... ~ .......
And we've always been in contact with FI ri a
Federation to potentially do something al the lines of an
educational program and building at t o on as well.
COMMISSIONER TAYLO . Thank you.
MS. DEPPEN: The hurrica -of buildings, the hurricane and
fire facilities that we plan, we o ave renderings for those already.
We're very much commi uilding those for our animals but
also for the community at e.
And you can ee t~ habitats would surround the building. The
building is in th nter and would provide lockdown for the animals.
We would o · t u to the public as needed for disasters.
And en already started planning our whole facility. So
few of those buildings because of the number of
~..,,,,... ... eed to create that would increase the number of animals
elp in a disaster situation.
e 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
Page 55
June 25, 2019
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. The~re
grants for capital funding for nonprofits. Partnering with the ~J
and planning our facility would open up to more grants that would
be eligible through disaster preparedness because we w ~~ e a
resource for the county, so that opens up more grant ,.__..,.. . ._-r.-r-unities for
us, partnerships with state and federal wildlife or,_.,.,.C_L../'00 .. ..,ions, and
then we have a long-standing history of grass ot n ing and
corporate sponsorships.
Existing houses on the property coul e used for property
manager housing. We have people ~n · . Intern housing,
veterinary clinic for large animals c ld also be a resource for
other people in the community tha e large animals. Food
preparation and educational c~-""~nd admin.
And then here we g~"" mmissioner Taylor, some of the
ideas we had for the coun artnership or specialized veterans
programs, the FWF, edliJC atlonal relationships, and opportunities not
already offered xi sting parks that primarily focus on sports,
pickleball, b all, occer, things like that.
This · --~y ering of an educational center that we had
ould still like to eventually build. But, again,
iwt..)llllilllllll~ ith the existing houses, we would utilize those to move
ore quickly with the habitats and the buildings for the
sa 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
Page 56
June 25, 2019
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 com
Crown offer benefits: 3.75 million cash upon closing, an a
Randall Curve that you can do what you want. We kee
about a post office or DMV that people want out ther
Wilson and Golden Gate Boulevard could be a pat~~.~~ veterans'
services, or you could choose to do somethin~ 1t it.
We are open to helping to partner with th~ounty and oversee
the development of that property and ma e it as you see fit;
decrease commercial impact at Wils.o~----~--Iden Gate Boulevard.
The neighbors don't want all that t d commercial impact. Our
traffic would be during the dayti · en most people would be at
work. We would bring jobs t e ommunity. We would also bring
tourism to the county on able to be open to the public. Yuki
went viral worldwide, a p t of one of our wolf dogs and, more
recently, Jenna Fis er fl m the office, again, shared a photo she had
taken when she there recently with a family member. So we're
much bigger a ju local.
Cash nd d combined, our offer with Crown exceeds the
...,.,..., ........... enhances two locations within the Estates and solves
~llltM" • ssues that you've been hearing people talk about that
t they do not want at different locations. So we hope that
yo 1 upport 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.
Page 57
June 25, 2019
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 any
that's supporting this to please stand. And as you can see, ""'"l"Olll---
the community support behind this. We hope you mak~-· s a
win-win situation for everybody in the community. ~ ~
Thank you. I'm Beth Swiderski. S' ~
CHAIRMAN McDANIEL: Thank you, t .
MR. MILLER: Your next speaker is Lin a len. She will be
followed by Donna Sadler.
MS. WALLEN: Hello. I'm a
of July. And 4th of July's for the
Golden Gate Estates.
e s. Happy almost 4th
so I'm here for the people of
Oh, my God. The cha lden Gate Estates has always
been the woods, the tree imals, having woods between your
neighbor and you, and I d love if you could consider the Crown
proposal because, irst,)he con in Golden Gate Estates, if you put the
shopping center re: There already is a shopping center there, and
it's not worki . A if you did consider putting the Shy Wolf there,
that might rin ore people to the Shy Wolf, to that area, Golden
Gate/Wilso , d it will maybe bring people into that shopping center
that' .,.~ empty.
hen the Crown proposal, I would like to see them over at
acre on Randall. First of all, it's bigger; bigger property. He
can ave 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.
Page 58
June 25, 2019
And the charm was the little four comers 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 4 7th where it is, you've
got to consider that a lot of people are driving past that going to
casino. There's a lot of people passing that way going out of
coming into town, coming off 29. They'll --you know, off ·
Road, and they get onto Immokalee. Hey, there's a sho _____,,._,.,,, center.
We can stop and eat and grab something. It will also ~~~~fit Publix
because it will have another shopping center acros
You've got Orangetree, Valencia. Y ou'v o t ose
communities out there. They have nowhere to a except for the little
Italian restaurant, and then they have to g 11 t e way down to 951
and Immokalee. And so that would.be --,..1
,......, ...
11 for Crown. That's my
last words. Crown will be perfect g a shopping center on that
4 7-acre, have places for all of us t , and Golden Gate Estates
would be outside, and Shy W:w.i. .... ·w · 1 be awesome across the street
from that shopping cente .: .. #r~a-~.vuot working already. So thank you.
CHAIRMAN McD~ L: Thank you, Linda.
MS. WALLE : ~ve a great one, everybody.
MR. MILL Your next speaker is Donna Sadler. She'll be
. Ramsey.
Good morning, Commissioners. My name is
. 've lived here since 1976. I've seen some good things
~l!iW"'· I've seen a few bad things happen here.
rown proposal's best for all residents here in the Estates
nity because on the 4 7 acres, Randall Curve will provide
nee ed 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.
Page 59
June 25, 2019
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 nam
Michael Ramsey. I'm the President of the Golden Gate Estat~,
Civic Association. ~
First off, I want to thank you for extending the Ma 8
meeting, an extension on this. I think it proves there ...,,· --.~LLL
in this property, and it certainly has helped us in o ~~lQIZ ""
the community about substantive ideas. So, t · h
helpful that you allowed us to have that extens n.
As you can see after many meetings, any meetings with the
residents of the Estates and going thjo proposal, it has
become clear to us almost unanim .._,_._..,.._ our groups that they --the
residents do pref er the Crown of e a is point. They all --they
very much point out that it all provement in two locations:
Here, at the 4 7 acres, an t ilson/Golden Gate intersection, and
it would almost total 77 a And this is a map of those two
locations. ~
It is true th · many meetings with the Estates residents, it has
been shown i r o they do not want a commercial node internally
at Golden Wilson and other places. We went through that
process 1n aster plan, and it was made clear that we'd rather
have ""...i"'i commercial retail development external to the internal
-.-.i.•ii ... ~i -y. We think it promotes a lot more community or life
hat are good for the residents.
Here's some of the lists of the things we thing are beneficial. At
the 4 7 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
Page 60
June 25, 2019
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 thin
we really don't want to see a concentration of single-family horn
around the 4 7 acres. We think that will just make the concen
of traffic worse and the need for infrastructure worse, and i P"'IIBlli,j""U d
double the amount of cars on the road there causing an a y bad
situation to get worse, because it's a failed intersectio ourth and
Randall and Immokalee.
At the Estates shopping center location, i 's going to
help a lot with protecting natural habitat and tH ater-quality issues
that goes along with it down in there, but stly it allows the reduced
density, traffic congestion, and the os ·---,-,,_.,, of development of a
neighborhood park. ~
So, the Crown proposal's th one that provides
improvements at two location , we recommend accepting the
Crown offer. It offers th _._--~-mprovements, especially the
community quality-of-life _ _.__._ponents. Thank you.
CHAIRMAN Mc ~ IEL: Thank you, Michael.
Mr. Chairma
CHA
: That was your final public speaker,
McDANIEL: Well said. Well said.
go first, or do you want me to?
"'-:~vii.SSIONER SOLIS: I just have a couple questions.
IRMAN McDANIEL: And I do as well, so --but go
COMMISSIONER SOLIS: And these are questions really for
Mr. Yovanovich, I guess if he's around .
What --part of the Crown off er is based upon having access
through the Barron Collier Companies' land? There's a proposed
Page 61
June 25, 2019
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, fo~
access. If we're not able to work out access, we showed acce
directly onto Immokalee Road in an appropriate location.
anticipate that we'll be able to work with the owner of t ... __,.__,r perty to
the north. ~
But if, for whatever reason, that doesn't work ~~ doesn't
work out, and we'll have the access as you ca--..----~e, ommissioner
Solis, on the property.
COMMISSIONER SOLIS: Okay ...... ~ ......... , secondly, what
happens --and maybe this is a ques1j o ff. I'm sorry.
MR. OCHS: That would be . 1 , right-out only.
MR. YOVANOVICH: Corr t. e understand.
COMMISSIONER SOL . ay. What happens if Shy Wolf
is, you know, for whatev~,etasu,\n, not able to come up with the
purchase price?
MR. YOV ANOV H: We would work with the --our offer is
understand if
have to --·
eage out of commercial use. So we would
to just hav __ _._....,,
w tever reason, Shy Wolf can't go there, it would
either have to go to the county or we would have
ommercial uses on that property. It would have to
beco .
~~ ve --a passive use.
MISSIONER SOLIS: Because the rezoning is going to
be 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
Page 62
June 25, 2019
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 comer of Wilson and First,
and then the PUD would be structured to where, you know, Shy olf
or passive uses would be permitted on the Shy Wolf piece, a
the county would get its piece.
We've committed to the neighbors that the commer.
come off the table, if you will, if we ultimately acqui -"' ... __,
COMMISSIONER SOLIS: Okay. Just --M·-..... ,,_
we given any thought to that? If for whateve as tll'.e Shy Wolf
doesn't close on the property, what would hap n n that, if it
would --
MR. OCHS: Well, if it becom;s .......... ........, d's property, we would
have to give some consideration a me public vetting about
what might be potential long-te I don't have any immediate
plans to develop that, obvious
COMMISSIONER ~-Okay.
MR. YOV ANOVIC nd, Commissioner, I anticipated that
would be part of the co ptract that ultimately would come back to you
all when we wo flesh out what we would be allowed to come in on
the PUD, bot tn property as well as the 4 7-acre property.
CO I NER SOLIS: Well, that's why I'm bringing it up.
MR. 'A.NOVICH: I understand.
AN McDANIEL: Unless you're addressed, unless --
e a question for her, Commissioner Solis?
MMISSIONER SOLIS: No, not really. I'm just trying to
thin 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
Page 63
June 25, 2019
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 --
CO MMIS SI ONER SOLIS: Okay.
MR. YOVANOVICH: --have an agreement entered int~ ~.., .................... d
we win the proposal, yes. ~
COMMISSIONER SOLIS: Okay. That's all I hav . anks.
CHAIRMAN McDANIEL: Commissioner Sau~:3'1111L'~
COMMISSIONER SAUNDERS: I think yo
addressed this in the answers to Commission
My question was going to be: What happens i y olf closes on
the property and then for some reason do the road Shy Wolf was
no longer able to operate? And I th1J1 ou're saying is that that
portion of the parcel's going to be to --I don't know if it's
going to be rezoned back to "E" E a s, or what's it going to be
rezoned back to? ~
MR. YOV ANOVI nestly anticipated --we can go one
of two ways. We could j ake it totally out of the PUD and rezone
it back to "E" Estates, a we can leave it as a PUD and just identify
the uses that co ....... "--..... o --we would have a master plan that would
basically hav ee acts, and the tracts that the Shy Wolf plus "E"
Estates ty rty uses can go on that property, then Collier
County wo et theirs with "E" Estates underlying, and then we
woul.~~~ the commercial as a third tract.
MISSIONER SAUNDERS: As long as we make sure that
eel 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
Page 64
June 25, 2019
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 ~ge
to you-all where you'll have the rezone for the Estates sho · and
the rezone and Comp Plan amendment for the 4 7-acre Jlr1' e , and
then we'd be --~~
COMMISSIONER SAUNDERS: I think tha ~.1~ only way it
would work is to have it all at the same time. 1 t. Thank you.
MR. YOVANOVICH: Yes.
CHAIRMAN McDANIEL: Correct nd my only real
question --and it's as much for staf±:a ich, is your estimated
time to move through the Comp P rezone process.
MR.YOVANOVICH: If we e our own --our own cycle for
the Growth Management Pla .......... j.,....,h --I would imagine I could get
through that process in 1 'V"litilP'_._s. If I'm in someone else's cycle,
then I could get slowed do a little bit, depending on how many
other applications are ~ing through the process. But I would think if
we had our own le, then we could probably get through in 12
months.
CHA
MR.
You leaned up to the mic.
Twelve to 18.
AN McDANIEL: Max 18. Okay. 12 to 18.
~? y other questions?
Y.JMMISSIONER 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.
Page 65
June 25, 2019
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 at the wonderful circumstances that are an opportunity
community. The value of the offers that have come in.
I have to say out loud, and I've said this to my frie~-·-om a
business perspective, the three-and-a-half million dol sh offer,
subject to no contingencies in closing, is hard to s ~~ .. ,"!""'~O. It's really
hard to say no to. As a real estate broker, it's 1 to say no to.
But as a leader of our community, having had e u lie meetings
that I've had, the town hall meeting that I , t e private --or public
meeting that we had with regard sp ~ci __,_.,,._ the 4 7 acres and the
like, the benefits that --anyone w ' ching can see the thousands
of people that can benefit.
Sure, there's a lot of mov_· ... -,,... rts, Commissioner Solis, I think
you called it, that have t ,.... .... ~....,ogether in order for the Crown
transaction to be effectuat but literally thousands of people are
going to benefit from 1¥1 rown offer if, in fact, it's successful and
moves through t_~_....,rocess.
So, I wo liK to make a motion that we do, in fact, accept the
Crown of£ r arr ove forward to a purchase agreement on it.
COM IONER TAYLOR: I'll second that motion.
AN McDANIEL: Good. And I would like to make --
gestion. Staffs recommendation on No. 2 down there, I
wo ike 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
Page 66
June 25 , 2019
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 mo
into that agreement once we move further through the negoti ........, ... ·, ...... _._
the rezone and the Comp Plan amendments for the Crown
and other circumstances will be availed.
COMMISSIONER TAYLOR: But we're talkin -....:. . .__
months? ~ ..
CHAIRMAN McDANIEL: Yes. ir~
COMMISSIONER TAYLOR: I'm not sue could support that.
I mean, it's been clear we were --this wa this came forward
because of the need not only for the.sc for us to have a place
where we are more efficient in th e serve this community.
CHAIRMAN McDANIEL:
COMMISSIONER TAY . And to delay it for 12 to 18
there, I think, is unfair not only to
is where the growth is. Clearly, Golden
months because of some,Jill _._ ... ·•t-i""~
the school but --I mean, t
Gate is the growth area.,
CHAIRM cDANIEL: There's no argument about that,
Commission ay . It's just the combination of a negotiation for a
separate p roperty for the utilization for government facilities,
school bus , CAT bus barn, and the road and bridges facility in
ith this particular transaction is premature, in my
. l_fhat's the reason I'm asking.
e 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
Page 67
June 25, 2019
management of the 4 7 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 wo b a
cheaper ultimate solution. I'm willing to give that so ore time
working with the Board to see if we can't find a w ~~~u.chieve those
objectives and not have to purchase additiona.lflllllllll~........ o a third
party.
COMMISSIONER TAYLOR: Oka
MR. OCHS: It doesn't mean it~s be 12 or even 18
months out. If it comes together s-,.... ... ...,,. ...... ...,.,.an that, then we'll be back
in front of the Board --
CHAIRMAN McDANI ank you for the clarification --
MR. OCHS: --at t
CHAIRMAN McD~ L: --Leo. And that was a lot better
explanation than --~
MR. OCH . t's not tied to the rezone is what I think the
S 1
NER TAYLOR: No, no, of course. And that's not
~...,"--'HS: --for the timetable.
MISSIONER TAYLOR: --but I do know that it's an
cy 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
Page 68
June 25, 2019
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 ... .-........ , ... _
COMMISSIONER FIALA: So let me just ask --I wa,.,._,
understand what we just said. So are we taking that one · e e out
and then just voting on it now, or you want to put it o
CHAIRMAN McDANIEL: I want to put off
put off the DCA with the Rural Villages for t----,,,_....._u a e of another
piece of property for the bus barn, CAT bus ba , ana road and
bridges facility for now. Not tying it tot · of er.
COMMISSIONER FIALA: lt_s e put everything off all
the time. We just don't vote on an · nymore. Every time we
come close to a decision and w ~e y to make our motion, then
we put it off. ~:
CHAIRMAN McD .. -UIQ.,. And then --and it's not a putting
off. For purposes of clari tion, they're necessarily two separate
transactions, so --nd i~ a --
CO MMIS S ER FIALA: Well, if you don't like something in
an consider.
McDANIEL: Right.
IONER FIALA: Why can't you just vote on it now?
AN McDANIEL: I am voting on it right now, and
t cwlll'r""~ .. """ ggesting that we bifurcate the recommendation of staff
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
Page 69
June 25, 2019
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 an~
MR. OCHS: We're presented with this opportunity du ;b;.is
whole process of vetting on the 4 7 acres so we --in ord
interests moving and the bus barn and the road and b · facility, we
brought this to you and thought it would be an alt · e that we
could pursue, but it doesn't have to happen in
approval of this project.
And we continue to explore other sit tha may be, as I said,
cheaper in the long term. So once ~e to move forward with
a hard recommendation, we'll be r· in front of this board.
CHAIRMAN McDANIEL: o missioner Saunders.
COMMISSIONER SA -~-------=--S: Mr. Chairman, we have a
motion and a second to tuf"l~am.lf~ ard with the Crown offer. And I'd
like to call for the questio~~-.,..~ that particular motion, and then we talk
about the school b ard · sue subsequently. But let's take care of that
motion, if that's y with the Chairman.
COMM O R TAYLOR: Just briefly I'd like to say how
ith the citizen participation in this event, this issue
Golden Gate never ceases to amaze me. It's huge.
·~---""" e-acre plots, maybe some 10 acres, and yet you have a
our community that you communicated to us, and we
..... _._ ..... ~ to you. And I think the rest of Collier County could take
grea lessons from Golden Gate Estates. I am really quite amazed.
(Applause.)
MS. WALLEN: That makes it all worth it. Thank you for
saying that.
Page 70
June 25, 2019
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 sa
(No response.)
CHAIRMAN McDANIEL:
(Applause.) •
MR. OCHS: Mr. Chairman, .
motion on def erring the DCA reco
C~AIRMAN McDANI~
my motion --~
want to take a separate
endation, or is that understood?
at was --well, that was part of
COMMISSIONER LOR: What do you want?
CHAIRMAN Mc ~ IEL: I mean --no, it wasn't part of the
motion. It was ally asked to be bifurcated and retracted from the
recommenda · s o taff.
MR. C · Thank you.
CHA N McDANIEL: And it will come forward.
e a moment for the room to clear, and then we'll --
a bunch of happy people. I don't like to talk after motions,
· lly when I'm the Lone Ranger, but I can't say how much I
than you all.
COMMISSIONER SOLIS: It worked out.
CHAIRMAN McDANIEL: It really did. Let's go.
Page 71
June 25 , 2019
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 ~
RA TIO (FAR) FOR HOTELS IN THE GENERAL ~
COMMERCIAL/GATEWAY TRIANGLE MIXED USE 4
DISTRICT-MIXED USE SUBDISTRICT OVERLAY .,...--~
4/GTMUD-MXD) ZONING DISTRICT AND AFFI HE
ADMINISTRATIVE DENIAL OF SDPI-PL2018 49 BASED
UPON THE DIRECTION FOR INTERPRET< .,...'r-,,.,......, OVIDED
FOR IN LDC SECTION 1.03.01 D., AND PR A POLICY
DETERMINATION TO THE INTENT TH BA YSHORE
OVERLAY DISTRICT REGARD~ PPLICATION OF A
FAR INTENSITY RESTRICTIO OTELS IN THE
OVERLAY. THE SUBJECT P TY CONSISTING OF 1.98 ±
ACRES AT THE EASTERN ER OF THE INTERSECTION
OF DA VIS BOULEY A_._.ll<__LJ _, TAMIAMI TRAIL EAST IN
SECTION 11, TOWNS O SOUTH AND RANGE 25 EAST, IN
COLLIER COUN Y, ~O IDA. [PL20190000305] -MOTION TO
UPHOLD THE TITIONER'S REQUEST TO ALLOW FOR A
HOTEL WIT U HE FAR -ADOPTED
: Mr. Chairman, this takes us to Item 8A. This was
"lL)llllll~_._arked for hearing no sooner than 11 a.m. this morning.
mendation to review the London of Naples Incorporated
ap 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 tum to your
County Attorney right now for some advice on the procedures and
Page 72
June 25, 2019
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
the recommended procedure. ~
This is quasi-judicial, so ex parte will be required bef o,..--. ..,.nd.
All witnesses will need to be sworn as set forth in the m o hat I
sent you, which is our standard procedure in doing a
nature.
The appealing party will first present his
by staff. And then it's my recommendation tha it e followed by the
impacted contract purchaser. Having sai at, note that the issues
that are being presented by staff shop l stantially identical to
the issues presented by the contra ---_.;1
... '"' __ -__ aser.
So I'm not entirely sure that t ntract purchaser will need as
much time as the appellant or~~ but we could take that at the
Board's discretion. ~
MR. OCHS: And, latzkow, I believe this is a
quasi-judicial hear·ng a;td ex parte disclosures required?
MR. KLA ....,~llll'--OW: Yes, sir.
CHAI cDANIEL: That's correct. And just as point of
clarificati
MR.
ote today is a --
ZK OW: Majority.
AN McDANIEL: Regular majority?
KLATZKOW: There's no zoning action taken.
majority.
CHAIRMAN McDANIEL: So it does not require
supermajority.
Just
So with that, Commissioner Solis, do you have any ex parte?
COMMISSIONER SOLIS: Yes. I've had meetings, emails, and
Page 73
June 25, 2019
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
don't know how I didn't get to meet with everybody, but all
with was John Agnelli, and I attended CRA meetings, s 0
CHAIRMAN McDANIEL: Well, then you nee ~ .. ~ ...... body you
need to know. ~ ..
COMMISSIONER FIALA: Okay. ~ ~
CHAIRMAN McDANIEL: You've got it}-,
Commissioner Saunders. C, _
COMMISSIONER SAUNDE S: ~•ve had meetings with
numerous folks involved on all si is particular issue.
Mr. Starkey and I have had some ersations. I've had some
conversations with Mr. Y ova and Mr. Agnelli and Mr. Higgs,
along with some emails, .-..... ~-~ phone calls.
CHAIRMAN McD~ L: Commissioner Taylor.
COMMISSIONE TAYLOR: Numerous meetings and
discussions for riod of probably about a couple of years now with
Richard Gra ill iggs, John Agnelli, Fred Pezeshkan, Jerry
Starkey; e ail , onversations with staff, conversations with our
Hearin E '"V'-'-'·_._.__.__._er, materials, all of the above.
"-':~viiSSIONER FIALA: Let me just say, you know, I've met
le before. I was just referring to the FAR. So all right. It's
go 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.
Page 74
June 25, 2019
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 · s
item, sir. ~
(The speakers were duly sworn and indicated in the af ative.)
MR. YOVANOVICH: Good morning. For the re -.-...... Rich
Yovanovich on behalf of London of Naples Inc.
With me today are Bill Higgs and John Agne ·
of London of Naples Inc., and my associate,
This is an appeal of an administrative dee 1 n to essentially
deny an insubstantial change to a site dev ~ment plan approval and
to basically revoke a previously app;o Development Plan
based on the county's determinati -----,.,. floor area ratio of .6 now
applies to properties within the Ba _,__,~ .... ~re/Gateway Triangle.
On January 4th, 2019, co taff denied the SDPI that I was
referring to solely on the at a floor area ratio was not met in
that SDPI. County staff n etroactively imposed this .6 FAR to this
SDPI, and we time y fi ~d our appeal.
I feel that I ye to get some things on the record to protect my
client's rights · his ppeal.
Whe we · ginally came to the County Commission about the
process e referred back to the Hearing Examiner, which was
fine, ~>lllllill,,, rules of the appeal were established that only items in
t ~--could be considered by the ultimate decision makers on the
ap , 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
Page 75
June 25, 2019
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 docu ........... ,,....,., ..
be considered or allowed to be presented to you because is ·
unfair process to throw these documents into the record ._· 1..-~~
giving me an opportunity to review them in advance.
I don't know if that's going to happen, but I j .....:.,-.. ...
the record right now that that should not be p 1t
ground rules that were agreed to as part of this ea and are not in
the ground rules that apply to these types a peals.
Getting back to my original pn,se 1 The basis of this
appeal is your staff has come up w interpretation of whether
a floor area ratio applies to this ar piece of property and in
specific this particular propert is project.
The original Site D ... '-JS~ ... ~~ ..... ent Plan that's now being revoked
was amended and approv creasing the total hotel rooms to 48
rooms. It exceeded a -~ A . It was then amended to increase the
hotel rooms to 1 rooms. It was originally approved by your staff.
That approva s t n rescinded solely based upon traffic concerns.
We addre ed e traffic concerns, and then finally the SDPI was
pon an FAR.
-.uglllillilr all know, this is the property that's in question. It's on
t ~~..,~ of Davis Boulevard and U.S. 41. If you will recall,
re we met with your county staff and agreed to a shared access
to tli1s 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
Page 76
June 25, 2019
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 upo he
reading of the Growth Management Plan language for the Bax ~
Community Redevelopment Area, which states higher inte~s
should be expected in the overlay, staff originally concl .. ~a.c.u..1 that no
limitations on hotels' intensity as suggested by the sil .c>aa r•-f LDC
Section 4.02.16 should prevail.
This was based upon the recognition tha
controlling document. Now, that's central to gument is the
Growth Management Plan is the controlli document.
Staff is agreeing that no FAR i~ c t with the Growth
Management Plan. They are now .... ._ .. ..,.,,__ one section in your Land
Development Code under Sectio . .01 to claim there's an
inconsistency between Land e pment Code provisions, and
because there's an incon · ... ,., ... ~-etween Land Development Code
provisions, you apply the e restnctlve prov1s1on.
One, I will tel yo here is no inconsistency and, two, if there
were an inconsi cy, staff is not correctly applying the Land
Developmen de.
Thro ho .,..... . .1... .. y presentation you'll see me reference Section
4.02.16 of ,..,.,....,,.--.,and Development Code. 4.02.16 is the Development
"'(L)I....,""" le for the overlay, and that is what applies. Your staff
1 ~... ff report says the arguments presented by appellant, while
ive, are characterized by staff as circumstantial in that the
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
Page 77
June 25, 2019
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.
note there are several provisions within this section, and th
provisions are important. The Growth Management Pla ~nd I'll
take you through in greater detail in a few minutes ---..a,_... .. y states
that the purpose of the overlay was to allow for in atrllal\e'O intensities
within the CRA. You wanted to stimulate re eI ~l'V'I nt by giving
property owners more than what they had und t e en existing
zoning. (', _
You didn't like the way develop ............. ..,_L .... ~ occurring based upon
the then existing development so ted an overlay both in your
Growth Management Plan and ~ nd Development Code to
increase density. ~~
Subsection A says, · • ...., ... _.... ction and interpretation of the
language of these regulati , being the Land Development Code, the
rules established i this hapter shall be observed unless such
construction wo be inconsistent with the manifest intent of the
BCC express t Collier County Growth Management Plan.
That mea if have an LDC provision that is inconsistent with
the intent o Growth Management Plan, you go with the Growth
Man .... ~~tr'-Plan.
raph C, it says, all provisions, terms, phrases, and
ex1-..:p,~ions 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
Page 78
June 25, 2019
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, provisio~~
these regulations shall be interpreted and construed to be c~tent
with the Growth Management Plan. 0
Again, you have to read your LDC in its entiret .,~~.;~su istent with
what the Growth Management Plan says. Your st icking
Paragraph D and ignoring Paragraphs A, C, a.L ...... ~ the very same
section they're now claiming restricts the allo ses on this
property to an FAR of .6. (', _
The Board's express policy for .th ~ was to increase
intensity of development and to r · t ... ,-.L..,,.., the area. Reading the LDC
narrowly to impose an FAR on a t use frustrates that true intent.
I want to take you through so ........... -..., he Growth Management Plan
provisions that are appli C211,ac,~ is overlay.
The Policy 4.8 in pa ads, such plans may include alternative
land uses, modific tion to oevelopment standards, and incentives
that may be nee ry to encourage redevelopment, and then it
specifically r .... ~'lc .-=-ni s that the Bayshore/Gateway Triangle
Redevelo lan was adopted by the Board on June 13, 2000, as
RA.
-~>--..,..., rd's express policy for the Triangle is to modify
... -..J.L ., ... ent standards and provide alternative uses in order to
ize 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
Page 79
June 25, 2019
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
more intense development in an urban area where urban se · s are
available, and it talks about two overlays that were app~"' one of
which is the mixed-use overlay. ~~
And you'll see that the mixed-use developme ,~ a mix of
residential and commercial uses is permitted. r h aevelopment
commercial uses are limited to C 1 through C3 o 1ng district uses
except as otherwise provided for in the m · triangle sub-district, and
then it goes on to add hotel/motel u ~e · ---.--.......,,-the specific uses
you're adding to this overlay, bee · ou're --I'm sure most
people are aware, hotels and mote e a C4 use.
So the C 1 through C3 us ld not allow for hotels. Your
Comp Plan specifically s want hotels in this redevelopment
area, and that's exactly w was proposed to go on that property.
It goes on to refer tlie mini-triangle, where this property is
located, is eligib or a maximum density of 12 units per acre when
you go throu e UP program, mixed-use program, which this
property w. nt ugh the Site Development Plan, as I'll show you a
little bit lat . hat was originally approved --was for 150 hotel
residential units. It went through the administrative
r a mixed-use project and was initially approved by your
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
Page 80
June 25, 2019
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 tel
as a permitted use in the first place. It was not the underlyin g
on the property. If we had relied upon the underlying zoni ~:::1.T the
property, we would have gone through a conditional-us
get approved. We relied upon the overlay provisions
use and for our development standards.
As I've mentioned, the overlay promotes · r e · ntensity and
higher residential densities. It was created to r i alize the
redevelopment area by providing incentiv. inc uding modifications
to development standards. That wil e 11 e the private sector to
spend money to redevelop in this (!if:a\.. ere's no doubt that the
intent of the overlay was to allo o intense development.
I'm transitioning into the _-£.,J ........... _ Development Code provisions
that apply to the overlay. ' e found in 2.03.07(N)(l). And you
can see that the purposes 1 nt is --the purpose and intent of this
district is to encourage ;evi alization of the Gateway Triangle portion
of the Bayshorei teway Triangle Redevelopment Area.
And it's -tli district is intended to revitalize the commercial
and redev op .......... ,.,,, .... t --and residential development in the property.
There ecific provision in your Land Development Code as
to ho t derlying zoning classification works in the overlay.
3 ·-·""""" .... Section 2.03.07(N)(3) says that the purpose of the overlay
is fill 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.
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June 25, 2019
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, propert~
owners may establish uses, densities, and intensities in accorc4t4
with the existing LDC regulations of the underlying zonin ~
classification or may elect to redevelop/redevelop (sic) e the
provisions of the applicable GTMUD sub-district, or ,r--..._,_ld go under
the underlying zoning and be stuck with a .6, or I ~111c ... -.elect to go
under the overlay standards that are adopted. t it er case I
must develop my site as provided for in Sectio 4. .16, the
Development Standards Table for the ove :x.
It never says go to the base dis v i , o g district standards for
development. It says you must de rsuant to 4.02.16.
Your staff is trying to get y o o outside of 4.02.16 to create
an inconsistency in their min ~ ... ,~ ill restrict the amount of floor
area ratio. That is not w ,,.-,,.,.a.,-.. and Development Code says. And
throughout I keep saying .16 is the Development Standards Table
for overlay. There is n otlier Development Standards Table for the
overlay. A
I'll take ~ t~gh some of the minutes that address how these
standards am out. But the Board made it clear that they wanted
one table £,,. ... .,,,.,._, to go to, to understand how to develop in the
~,....~ that table is in 4.02.16. And I'll --here are some of the
a ere added to the overlay as permitted uses.
entioned 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
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June 25, 2019
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'
got to also meet 5.05.05. If you wanted hotels to be limited t (;\ ! .
FAR, you would have put a .6 FAR right here. ~
The mixed-use projects process that we went throu,, __ 1=:;;r· an
administrative process. It's through that process that ere able to
do additional height. Height had been reduced fro C4 from 7 5
feet to 56 feet unless you did a mixed-use pro· t t
go back up to 112 feet.
And, again, it says, however, all proj s must comply with the
site development standards as provi g e · .16. I've lost count so
far as to how many times 4. 02 .16 ~,~...,.., referenced in the materials
I've provided to you, but it's go~~"-1ve or six at this point, if not
more. ~~
Here are the require,21~~~-or the mixed-use project. Again, it
allows for a mixture of re ntial and commercial uses as permitted
under the table of ses j',)r t e appropriate sub-district.
I showed you th ble of uses for the overlay that allows hotels. It
also allows r 1 ent .
It tal ao MUPs must be approved administratively and,
eference to the MUP complies with all site
standards as outlined in Section 4.02.16 of the LDC.
ny doubt, the Board said you develop under 4.02.16. It
-.Jv'., 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
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June 25, 2019
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 a~
envelope that you could put your building in, and if it fits in t ~
envelope, you can have it. I'm capped at 24 residential unit . liere's
no cap on office square footage. There's no cap on FA r hotel.
It doesn't exist in this table, and this is the table that '-w:>"'1111.1.i.<BI"
Again, if you wanted additional standards, yo~_.....:iw-......
Development Code identifies certain uses wh re going to
require additional standards. Absent from this 1s is otels. You did
not require any additional standards for h~ll . And this is from
Section 4.02.16. • A, t()
The Board knew what it was ~hen it adopted the
Development Standards Table, a Ii it intended to impose a .6
FAR, you would have done s had multiple opportunities to do
it. You chose not to bee ~-wanted to spur redevelopment in
the Triangle, and you spe ally referenced in your Growth
Management Plan ou an ed to spur hotels and motels in this area.
I'll take yo the table that they're relying upon. They want
you to go to ~O hich is Development Standards Table for base
zoning dis i~~d that's where the C4 standard has a .6, and for
destination -AIC7'-r1: hotels it says . 8.
~..,..,_,n when it gets to overlay districts it says, see table of
sign requirements applicable to overlays. So it says, thou
ot use this table. Go to the overlay table. This is not the right
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
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June 25, 2019
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, :6 ..,., ....... ,.... ,
it's inconsistent with 4.03.01 where I took you through thos
provisions that any interpretation of the Land Develop t ode that
you're going to make has to be consistent with what t,..._.~
wanted under the Growth Management Plan, and t ard wanted
opportunities for developers to go in and rede d spend their
money redeveloping in the overlay.
I want to take you through some oft legislative history.
Although I think the language is clejlr ~ ......... biguous, there is very
useful language in how you came ~,,.-,t our code.
In January 2011 you did so a endments to the overlay, and
there was an explanation as to ou were doing these and what
was the purpose of these ~_._ .. ,.--.. .:•iwl/lT£0llll:.ll"U, And it says that the reorganization
includes consolidating the esign standards for all of the sub-districts
into one section, establ~ing a simplified table of uses, consolidating
all supplementa tandards for specific uses into one section,
4.02.16. Tha~j,ha ou were doing, putting it all in one location so
you woul 't~~ to try to figure out where there might be different
regulations .. -~-..... 1cable to property.
~ .. · ,, e purpose was to ensure that the CRA overlays respond
market conditions and are consistent with the CRA goals
ectives.
Mr. Scott, who I'll show you later, originally approved our Site
Development Plan change, had the pleasure of working for R WA 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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June 25, 2019
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 Cou
LDC. Incorporate more tables and pictures, and modernize t
of uses. Consolidate design standards. Again, one place.
4.02.16 for that one place. 0
Mr. Scott again says that basically a project can """""'--.·-.. op either
under --based on the uses allowed by the underlyi r-,-----ing district,
or by the uses allowed in the table, but in eith ir·~·~1'.!, .... tances, they
must comply with the site development standa s.
He then goes on to say again, we wa d to reiterate that point
on the table of uses so somebody di gn' go back and read the
text. So you had your permitted u e as well as your
development standard table.
And with regard to ChaR ow we're being specific. Section
4.02.16, which are the d e8T·~~ndards for the Bayshore/Gateway
Triangle overlays.
The GMP exgress!, encourages more intense development in
the overlay. Th C carries forward that policy by establishing
specific stan r s £ projects in the overlay. The legislative history
reiterates t at go to one table to figure out what your
develo me ndards are, and that standard is found in 4.02.16.
"".-.-~efore we submitted our proposed change to the Site
ent Plan from 48 to 150, we asked the question: Are we
rig ? Does the FAR apply or not apply? And Mr. Scott said, you're
righ . 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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June 25, 2019
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
150 rooms that were required to get our transportation concuf\~
approvals. That's the proof that we made the extra paymenN
Then on August 30th we get a letter that I referred to ea r hat says,
wait a minute. We've got some questions. This lette they're
related to transportation. No mention of an FAR. ..-.&.~•-
August 30th, 2018.
Not until October 16, 2018, that we get tn : ou must meet an
FAR found in Section 4.02.01 .A, the buil · 1mension standards
for principal uses in base zoning dis!ri · h I took you through,
that says go to the overlay when 1 __.. ........ -.._, or those standards.
In conclusion, the Growth M ~"~ement Plan is clear that the
intent of the overlay was to in in density over what was
allowed under the existi .-r._.. · g districts. The LDC is clear that the
development standards ar 4.02.16 that apply to the overlay
project. The developm,nt standards that the county's trying to apply
are not in 4.02.1A _L
The cou y~s ~oring the provisions within 1.03.01 that says
you have t ret your Land Development Code to be consistent
with your ~~-th Management Plan and, most importantly, your
dmits that our interpretation of the development
is, in fact, consistent with the Growth Management Plan.
e're requesting that the Board of County Commissioners
revo e 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
Page 87
June 25, 2019
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 questi , a I'll
probably ask staff the same question. What is the overa
the floor area ratio?
MR. YOVANOVICH: The floor area ratio i
amount of space you can have dedicated to y h
mixed-use --or a stand-alone or in a mixed-us ing to point --
you do the math. It's 43,560, I think, is a re, times .56, and that
would give you your square footage, reduction in intensity.
COMMISSIONER SAUND......,_. ... ..,._ 1 right. Thank you.
CHAIRMAN McDANIEL: o missioner Solis.
COMMISSIONER SOL . _______ d the difference between the
application of the FAR a~~1,,_._..,..,,_._on-application of the FAR means
what in terms of rooms?
MR. YOV ANOV H: What does it mean with --in terms of
rooms? Well, I
COMM
in the hote.
ss, theoretically --
0 R SOLIS: Or space that can be used for rooms
MR. 'A.NOVICH: Well, it's significant, because without an
FAR ~....,.....esign rooms that probably the market wants, 400 to 450
s,...-.11"!--.. t rooms. I can achieve a number of rooms that makes a
pr marketable or the type of project you want in that overlay, or I
coula 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 comer if you imposed a .6.
Now, keep in mind, there are other standards that apply. I mean,
Page 88
June 25, 2019
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 squa:
footage dedicated to the hotel and the amenities associated w ·
hotel. But I still only get to go up 112 feet. I've still got --_.._.. __ __,.ox is
still the same as far as setbacks go. It's just what's insi 1r ~ e box.
COMMISSIONER SOLIS: Okay. Thank you.~~
CHAIRMAN McDANIEL: Very good. ~' ~
MR.YOVANOVICH: No further quest' .
CHAIRMAN McDANIEL: All right. It' :0 . What's --I
know we like to go eat. And do you wan ___ h~ear the balance of this
after we come back from our lunch r _""_..,_ at's kind of sort of the
way I'm leaning. Is everybody ok that?
COMMISSIONER FIALA: 11 . That's okay.
CHAIRMAN McDANI 1 right. We'll be back at 1:10.
I'm going to give you an adBlllk~~.,, inute for lunch, Mr. Grant.
(A luncheon recess had.)
MR. OCHS: Mr. hai l}ll an, you have a live mic.
CHAIRM cDANIEL: Good afternoon, everybody.
e re tly to go , Mr. Bosi?
Yes. Afternoon, Commission. Mike Bosi,
ning Director.
e get into the specifics of staffs position, I did put
slide that helps explain what a floor area ratio is. A floor
ar io is a control on intensity of use. And the way that it works
is w atever 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
Page 89
June 25, 2019
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,
So what it does, it --there's a ratio between how much S (;\llf
footage is allowed and how large a site is. It's an intensity ~ol.
And that has relevance in sort of some of the material ~•~ oing to
put forward. ~ ~
And just to let you know, staffs position --w extremely
brief. I know it's a very busy day. I'm just go· t et on the
position of where we're at because staffs persp ct ve is a very narrow
focus in terms of how we looked at this is
The arguments presented by th, ... -.-""'---, they're --while
persuasive, they're characterized s circumstantial, and the
LDC does not specifically state t".="-----= otel development in the
Bayshore Mixed Use District _____ intensity restrictions as all other
zoning districts in the L 1 -.:)~~icle.
Their argument is th e absence of standards in 4.02.16
related to hotels was in~ntional, and the fact that the overlay is
constructed for , which provides for higher intensities by its
nature, supp ~jhis osition. Based upon that, their conclusion is
that the ov r ~~as intentionally silent on the hotel's intensity in the
overlay an refore, no intensity restrictions imposed upon a hotel
withi 1 yshore Overlay. The arguments would confer that.
here staff found itself was relying upon 1.03.01.D of the
'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
Page 90
June 25, 2019
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 s · e
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 a d how
you determine the conflicts within the LDC, a numb e
provisions that would support that the GMP woul ~ ........ e prevailing
document refers to intent. The intent of the e intent of the
Board. And staff has a hard time with the dete na ion of intent.
But what we do know, that the C4 z ~'.~~-1-, istrict has a specific
provision that is applied for a floor i re gainst a hotel. And the
LDC says, when there's a conflict there's a conflict between
provisions of your GMP, provisi your LDC, that you have to go
with the more restrictive prov· And that was the motivation
behind staff arriving upo ..,,._V"l ...... posing of a floor area ratio upon the
hotel.
The legal con ide ~ions authored by the County Attorney
basically said, t verriding land-use documents for Collier County
is the Collier nt rowth Management Plan. The intent of the
GMP is i le ~~i,Yn_._ted through the LDC. The GMP states that the
shore Triangle Redevelopment Overlay is to allow
IHfi~~ intensity. No floor area requirement for hotels would
ent with that. But I will also point out if you look through
erial, the 169 pages that the Hearing Examiner put together, a
num er 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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June 25, 2019
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 o ~
County Commissioners acting as the BZA to provide for the
determination on intensity and intent.
That is the --from staffs perspective, that is the ro
Board of County Commission, to set policy and mak
determination upon intent. And what we do know .-.-i·~here is --a
C4 zoning district has an intensity limitation ..__""'io s f .6.
4.02.16 does not say that it is --that that floor e ratio doesn't
apply. It's just silent. It creates a conflict n because of that
conflict, staff felt we were obligate to .. -_-s..;,......e restrictive and allow
the question to be put before the ~·:.-1 ...._. County Commissioners.
And that concludes staffs prese t a .
CHAIRMAN McDANI~ tstanding. Any questions for
staff? ~
COMMISSIONER A: No, that was very interesting.
CHAIRMAN Mc ~ IEL: Thank you, Michael. That was
very informativ , d I appreciate the definition on the FAR.
So now e 1 n r from --
MR. RI IN: My turn?
CHA N McDANIEL: It's your turn.
~-.wc·~.a.DKIN: I don't have my --I don't have my --I'm on the
s een so I can't hardly introduce anybody. It's not my job to
ce 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 JeffFridkin. I'm here on
Page 92
June 25, 2019
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 staffs decision that revocated the
approval of this Site Development Plan. We think it is essential
your legality of your Land Development Code that in the abs ........... -.. .,...,
any other control you have an intensity control in place. A~.~~ ithout
it, you're not in conformance with law. ~o
Florida law requires that some standards be in P. ,~ control
density and intensity. The reason that we oppose sition that has
been taken by the applicant is because that po · · o s
Mr. Yovanovich just told you, creates a buildi here there are no --
as he put it to you just moments ago I thi n response to
Mr. Saunders' question --Saunders' .q here are no constraints
inside the box. That, I will posit t · s not consistent with Florida
law and would render your gro ':7A!_.\I agement regulations and your
entire scheme illegal. ~~
If there's no control --_-::_•.:_-..._ity and intensity, then Collier County
would be in violation of · da law. Let me show you what that law
is. Florida Statutes 163~ 1 7 has a --we've highlighted the provision
that's important.
The app · ma acreage and general range of density or
intensity o ,_.,,. ... all be provided for the gross land area included in
each existi d use category.
163. ~---~o goes on to say that each future land-use category must
b in terms of uses included and must include standards to be
d in the control and distribution of population densities and
ing 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
Page 93
June 25, 2019
distribution among the mix of uses, or other standards, and the
density and intensity of each use. The position of the applicant,
Mr. Y ovanovich'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 import
provisions, I think, start with --and I think this is the part t
staff found so important --is whether any provision oft ~
regulations, the GMP, or any other law or regulation · ect in
Collier County, imposes greater restrictions upon dect matter
than any other provisions of these regulations, e , or any other
law or regulation in effect in Collier County, t rovision imposing
the greater restriction or regulation shall eemed controlling.
And we wanted to highlight un_de ose and intent of your
code each zoning district has its o .,.,,.,.. ... ,...,ose and establishes
permitted uses, uses accessory to __ ~-.:...-~:-..--1t uses, conditional uses,
dimensional standards, and o~~-~--~~d use, density and intensity
regulations, and et ceter ~
The density and inte · y regulations is what we're talking about
here because the st ff's os1tion is the mixed-use criteria in the
Gateway Trian .... -, ..... oesn't provide that. We have a different opinion
about that, a e'r about to show you what that is.
The li t's position is you have none. You have no density
I , s he stated, no constraints inside the box.
~~ ... Gateway Triangle multiple use --or Mixed Use District,
d, regulates density and intensity of all uses, including
CHAIRMAN McDANIEL: Can you hold on one second,
Jeffrey.
MR. FRIDKIN: Yes, sir.
CHAIRMAN McDANIEL: Mark, call Mary, because I think I
Page 94
June 25, 2019
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, w
we're about to show you is why your actual overlay itself re~~•~
and controls density of hotels in this mixed-use process in ~ that
your staff --neither the applicant nor the staff seem to r _,,.11.1-, .... ize. But
as somebody who has looked at these rules and statu Uy afresh
within a very recent period of time, it's clear that t.:-:.=-.. ':'~' a density
control within Table 7 of your criteria. ~
MR. YOVANOVICH: I need to --►1 :
CHAIRMAN McDANIEL: You do ~~ed to do anything . As
far as I'm concerned, Jeffrey, this is 't ~amination.
MR. KLATZKOW: No. He . ing to this because this has
nothing to do with the claim. It -=--• ....._--2 -hing to do with the appeal.
MR. YOVANOVICH: I . t ant to get on the record --
CHAIRMAN McD .. -UIQ.,. Please. If you would indulge me,
wait until the presentation ompleted by them, then you can come
and speak. ~
MR. YOV OVICH: Mr. McDaniel, the reason I don't --I
can't wait is s ab t to get into --and maybe I shouldn't have read
ao to get into things that are outside the appeal, and I
o hear it, because it may impact your interpretation of
~~ I'm objecting in advance to him introducing anything
e issue which is an FAR requirement.
e wants to show you other standards in the table which is not
the oasis 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.
Page 95
June 25, 2019
CHAIRMAN McDANIEL: And ifhe 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, te
you that the issue is not as narrow as what Mr. Yovanovich j ~,
The issue is whether the denial of this --I won't read the nu~r.
But the denial of this SDP was consistent with the exist· nd
Development Code. That doesn't limit your analysis
not it meant an FAR. You're allowed to decide w ... F"""I ....
was consistent with your Land Development
ether or
the denial
broader concept. I'm going to show you right w y it's not.
And if what we're arguing isn't correct, th your staff is correct.
COMMISSIONER SAUNDE S: ght.
CHAIRMAN McDANIEL: ~~:~tx ond, Jeffrey.
COMMISSIONER SAUND I'm going to turn to the
County Attorney and just ma we are proceeding in a way
that's not going to get us · ole lot of trouble down the road. I
assume it's okay to listen t e testimony. There's been an objection.
It's an ongoing obj ctio .
CHAIRM cDANIEL: It was stated at the beginning.
COMM R SAUNDERS: But I want to hear from the
s to whether we should permit this.
ZKOW: You can listen to it. I don't think it's
...,,.~ you can listen to it.
MISSIONER TAYLOR: But you don't think it's relevant
e 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.
Page 96
June 25, 2019
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 w1
my rights to ask Mr. Yovanovich to sit back down and allow ......... __ .... _
proceed.
He's already expressed an objection at the beginni ~t
stipulated he didn't want to be hearing anything toda .. ---"'"~ he hadn't
already been --hadn't already been part of the pac nd he had
reviewed. ~
MR. KLATZKOW: Commissioner, this 1i,a~ informal
proceeding. It's quasi-judicial. You're th~~air. You're allowed to
allow this to continue if you'd like. • ~
CHAIRMAN McDANIEL: . e objections so noted?
MR. KLATZKOW: Yes.
COMMISSIONER SA
record --
CHAIRMAN McD~ L: Okay.
COMMISSIONE SAUNDERS: --was that statement.
MR. FRID : May I proceed?
CHAI cDANIEL: Yes.
MR. RI IN: Thank you, sir.
tention is --and in this respect, but this respect only,
....,'"'111;)11!11111.,,U-gree with Mr. Yovanovich. There is plain and
ous language in your Gateway Triangle enabling
or ces 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.
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June 25, 2019
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
56 feet high, but it can only have 700 per unit. ~
Now, if you look at all of the other --and, by the wa): ~ftpn
Mr. Yovanovich was up here, he was careful not to poi u to you
this minimum floor area. He wanted to talk about lo _,,,. ... T.h and front
yard and side yard and rear yard and setback. Tha-.al'.'Wllr' outside the
building. ~
The one part that talks about what's insi~~~:_building is your
minimum floor area, and it tells you if yo building a commercial
building, you can't have a commerc ~al n area smaller than 700
per unit. If you're building an apa a:,n'.IR;\n , you can't have a use smaller
than 750 per unit. And if you're mixed use, that will include
residential, commercial, and, e commercial, a whole set --I don't
know exactly --I think t be as many as eight --of different
uses, including a restaura n office, a lodging facility which
includes hotels and oth~ uses.
I'm not sur tattoo parlor could be in there, but whatever is
permitted in hro gh C3 is permitted, and because of the special
provisions lo · g facilities is added. Not one of those uses may be
allowed to r in an area smaller than 700 per unit --700 square
feet. ,utl~ hat --when you look at the top and it says mixed use,
~\,l'llil,..,.I. • ing the character of the use, and that character includes
.., ... ..,_..,,v,.. ... tial, 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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June 25, 2019
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 loc t .
Look at 2.05.01. It talks about maximum density, and it de ~,l\kes it
in terms of units per gross acre, and then it goes down a it alks
about for hotels and motels, that's 26 units per acre. ---L~sn't mean
26 separate hotels. It means 26 rooms. That's ho ave applied
it. That's how it's written. That's how it's int
Look at 2.03.07.L.6. Again, it speaks to ni s per acre for
hotels and hotels, and then it goes down describes the floor area.
Three-hundred-square-foot minimuip 0-square-foot
maximum for hotels and motels, e at you can put --20 percent
of the total units may be bigger _~~ 0 so you can have penthouses;
larger, nice suites. ~~
If you look at 4.02. , · nsional standards for principal uses
in base zoning districts, y code sets forth a minimum floor area for
the buildings. And in a 0-story building dedicated to hotels, it tells
you that the mi · m square footage is 3 00 and the maximum for
hotel units e a 5 feet.
sking you to do anything novel or different other
y the code as you've written, and just in case this is a
IL)lllll~ept to anybody, your tourist tax registration tells people
1 ~• stry --all of whom know that hotel unit means a hotel
It tells them, tell us the total number of units you control. It's
not t e 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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June 25, 2019
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'~
understand what they were dealing with. Those prior docume
show what they were dealing with. If you were to reverse staff,
you would be finding that there was no floor area ratio 1 able to
this project, that there was no minimum unit size apP. ·
project, nor any maximum units per acre. And if that, you'd
be in violation of Florida law that I brought t ~ tention. There
would be no limit on the number of hotel unit~ w natever.
Today the units that they have soug at your staff has rejected
are between 3-and 400 square feet. .B · don't --are not
required to go through any other there's nothing in the world
stopping them from making the ~~;: er.
You could go to 600 hot s that would fit into the current
plan. So if you were to r aoll'i!lllll,,...Va liis and reinstate the Site
Development Plan, this o r would have gone from 48, the people
before he bought it or ~fore the company bought it, to 150 to as
much as 600 wi o public input nor any indication of whether
0 .
of the hotel, one of the developing trends is pod
""'" ......... .L ... s. Those are growing in urban developments, like the
.,~.._~ re trying to promote in Gateway. In light of the very
land costs when there's no control or constraint inside the
u 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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June 25, 2019
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, in · e
the box. You cannot do it. ~
This applicant cannot achieve the development intent t ....... r""'l_._gh
the SDP process, but it certainly can do the other proces
readily available to any landowner in the communitY. y can
amend --seek to amend the Land Development C hey can seek
to amend the Growth Management Plan. The a el< to rezone the
property. And there's no set limit on what thei o tcome can be. It's
only a process of making sure that the pu has input and the public
has supported what the decisions an;.
What we're asking this Com ra· ..... ':"\._ sitting as the Board of
Zoning Appeal to do is to affirm t aft' s denial of this change in
the SDP for the reasons we've ined, and to direct your staff to
apply this 700-square-fo · um unit size requirement under your
existing GTMUD, the Ga ay Triangle multi-use district overlay.
Thank you. ~
CHAIRM cDANIEL: Absolutely. And I just want to say,
you know, I rea 1ng through the procedures here. And forgive
me, J effre be se you do have and certainly should off er an
nt'\11~ard to the relevancy of the testimony that's given.
"'ll}ll!lllllillliF that earlier on in your brief here with regard to what
._..,,iiad 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
Page 101
June 25, 2019
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 th~.
FAR apply on your --on the property that your client's purch ~
MR. FRIDKIN: Our property went through the PUD T'fflllli~•ess, so
we actually have --you know, we went through the pro f
obtaining an ordinance with all of the public input th
that.
COMMISSIONER SOLIS: Okay. But
FAR apply to that, or is there no FAR being ap
MR. FRIDKIN: Yes. So I think the st
s mean, does the
i d to that property?
can tell you is staff
took it all into consideration. We w;n an alternative process
as opposed to using the overlay. d not --we did not proceed
with an SDP. We went through t y different process, which is
what we think needs to happe,J,,I,,. .... ~~ .... ~
COMMISSIONER '-'W-,,-I understand. Maybe Mr. Bosi
can --well, because the re n I'm asking is, I mean, you're making
the argument that t e F R as to apply because that's what limits the
density/intensit:¼ a hotel and that if we don't have that, then we're
not somehow e ula: · ng that, and it violates the statute.
MR. RI IN: And let me add some clarity to that, because
g is that if, in the absence of accepting the argument
rovides the density and intensity regulator on every
· stic of mixed use, including hotel --that's our real
nt --that your fallback, that you're required to apply your
mos 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
Page 102
June 25, 2019
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 --Im
if you don't know the answer --what's the restriction within t
building envelope that your client --I mean, in the PUD, in
client's PUD --because I want to make sure --and, gran
probably going --this is probably why Mr. Yovanov·
hear the thing about the new table, but --because _,,v-.-e're talking
about to an adjoining property. ~
But I'm just trying to figure out what we' one in the past and
how we've applied this FAR. You know , · the AR applies, it
applies. If it can be removed, then il c•,-.,.,,__,~{J/moved without
violating the statutes. '~
You know, I think we have t ~consistent and have an eye on
that when we go about makin,.g,~ e decisions whether it's an appeal
or a rezone. -0 ~
So can you explain.t~e a little bit, Mr. Bosi --and, I guess, I
think Commission r Fi ~a may have another question for Mr. Fridkin,
but could you j xplain where does Table 7 --I know it's not
relevant, but ' ike o understand where that fits into this whole
thing, if at 11.
MR. ~;;r;,,:· To his client's PUD, they restrict the number of
s.~~lli""-sand the number of hotel rooms. There's no FAR that
ey 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
Page 103
June 25, 2019
units, number of residential units, and the amount of square footage
that they would be allocated for the project.
that.
COMMISSIONER SOLIS: Okay.
MR. FRIDKIN: That's a public process.
COMMISSIONER SOLIS: I understand.
CHAIRMAN McDANIEL: We understand.
COMMISSIONER SOLIS:
process.
And I'd like to understand, what --all we've s-111~
mean, what's the introductory language to Ta ______ _
apply to in the overlay?
MR. BOSI: It applies to the Gatewa riangle Mixed Use
District subdistrict to specifically pr~p · at are identified within
that individual subdistrict. '~
COMMISSIONER SOLIS: ~-
CHAIRMAN McDANI ou all good?
COMMISSIONER -.'Jg ..... ~~-~ -That's all I have.
CHAIRMAN McD~ Commissioner Fiala.
COMMISSIONE FI LA: Yes. One of the things that strikes
me coming fro eople point of view now, excuse me, is that I
think with th or ea ratio --and I was satisfied when we talked of
or area ratio --or 6.0 (sic) floor area ratio because I
ld be good. This place is going to be stuffed in, if
""'~"' ess than two acres and in an area that is filled with
oth sides. It's probably the worst area that anybody could
ev t 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.
Page 104
June 25, 2019
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 mo~
cars, more people. I just think that that's going to be a crushi ~"7
to everything else around it, including the city, who has o~ to
this. ~U
I think it's really important that we start with w '-~ --the
basics that we had before and move in that directi I may --I
wish I could say eloquent words like that, but I Just --I can
just say it in plain old people talk.
Thank you.
CHAIRMAN McDANIEL: M.f k e . Makes sense.
Commissioner Saunders. ~
COMMISSIONER SAUND:....---..:c-=• A couple questions for
Mr. Bosi, if I might. The prio er of that two-acre parcel, what
were they ultimately ent · Were they entitled to the
development without the ? Were they entitled to 150 hotel
units? I think ther wa~ome indication that the current owner, the
new owner, is la ·ng for consideration based on the fact that the
prior owner pp val to do what the current owner wants to do.
MR. 0 The original SDP --and I think that's what was --
do some research in terms of --to specifically
~lilil:llli!i,i~uestion for you, Commissioner, off the top of my head.
MISSIONER SAUNDERS: The question is what did
rtino --and thank you for that --
CO MMIS SI ONER 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.
Page 105
June 25, 2019
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 c
was up on the screen, Table 7, the 700 feet per unit --squar~M"'
unit for the minimum floor area, in your opinion, does t~~
number apply to hotel units? I understand that they c
commercial units. Would that apply to --
MR. BOSI: I would say residential unit ~ ercial units, but
not individual hotel rooms. That would not be w y opinion in terms
of how that should be applied.
MR. FRIDKIN: Can I ask a q es · hat? Can he point you
to where in the Land Developmen
CHAIRMAN McDANIEL: e ego to the microphone. One
second. Because you have to __ ...,,c eful with the microphone,
because this is all being , and Terri gets mad at me when we
talk outside the --she's m t me, but it's when we talk outside the
mlC. ~
: I heard the opinion where I don't find that is
anywhere in e an age of your Land Development Code. So I just
query how --e that comes from.
MR. ~;;Jjj:· As the County Manager's designee to interpret the
~111111r1111"-'pment Code, just from my experience of applying
yo, ........ , ..... .._..;~ rinciples for the last two decades.
MMISSIONER 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
Page 106
June 25, 2019
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 b
kind of cross-examination or questions allowed from the a
back to the contract purchaser and so on and so forth.
So Commissioner Taylor has a question for somebod~111KJ.
go to you.
COMMISSIONER TAYLOR: Mr. Bosi
interpreted the request for 150 units or 150 hot ooms as an
insubstantial change, and they approved i til it was rescinded. Can
you explain the rationale behind thal i · · ision, please.
MR. BOSI: The initial decis · based upon the language
that was contained within the GM t t said that you would expect
higher intensities within a C r CRA is an area that's been
defined as economically · ntaged and suffering from blight and
needing an infusion of pn t investment within those.
The way that lan · ng promotes infusion of private investments
1n 1ncentlv1zatio . ncentivization is normally done by providing for
higher intens · e th normally what would be associated with other
geographi are f the county.
Based -...-n.-. those principles, staffs opinion was that a floor area
ot apply, but then it was called out to staffs attention
les of interpretation within the LDC states that staff has to
si th 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.
Page 107
June 25, 2019
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. 4
MR. FRIDKIN: If I might, I just would like to ad _____ a
ordinarily if we were across the way in front of the b ~I\._,.,,.. bes,
people aren't allowed to give opinions with respec at plain,
ordinary, and unambiguous language means.
Seven hundred square foot per unit on a H te is nowhere shown
to be outside. We heard that this was the inion based on 20 years
of planning experience, but the plac, t _,"'-.--, timony about
interpretation and opinions is amb _._._ ... ,_, ou've got a column that
has the word "mixed use" at the to d that mixed use includes
eight or nine different uses. ~~ hem are subject to everything in
the column below. ~
So if you're going to it as a commercial space, 700 per unit.
If you're going to use itjor transient lodging, which includes a hotel,
700 per unit. If 're going to use it for any kind of residential,
whether it's a a a ent or a condominium, 700 per unit. That is
just crysta cle rom the language.
MR. ZKOW: And this is why I didn't want to get into
~~ now we're arguing over something that's irrelevant.
IRMAN McDANIEL: Well --and that was to her
~j~n. 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
Page 108
June 25, 2019
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, the 's
not one? ~
MR. FRID KIN: No, there is one if the 700-per-squar - t
minimum per unit, meaning per hotel room, is not appli,'fl'IUIII~ it was in
the prior SDP. If that isn't applied here, then the fall ..__ ...... .__ ust go --
under your laws must go to the FAR. Must.
MR. YOVANOVICH: Well, let me ask stion again.
What is --what does floor area ratio mean? a is the definition?
MR. FRIDKIN: I've never calculate . To me it is --it means
what it says, a floor area ratio. If y ~u• .....,~,.,~J-, me to calculate it, I
will confess, ladies and gentleme , do that.
MR. YOVANOVICH: I'm ing you to calculate it. I'm
asking you to show me where · t table you would do a
requirement to calculate .--'1~".:r.. •• rea ratio to determine how many
square feet of hotel can oc on a piece of property in the overlay.
MR. FRIDKI : I)hi I already answered that question in
saying that the E isn't on Table 7. You don't have to get to the
~ AR_ under T~ 7 ecause there is a density/intensity control built
into it. ......_ ~
But if as not the case, then you must go to an FAR in
orde:i; ~...,~ a lawful Land Development Code, because you can't be
i · on where you have no restrictions on intensity and density.
R. 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?
Page 109
June 25, 2019
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 alo ~
MR. FRIDKIN: Anything else from me? ~
CHAIRMAN McDANIEL: No, I don't think --I don't e
anybody else lit up. Do we have any other questions? ,l 0
(No response.) ~~
CHAIRMAN McDANIEL: Rich, do you han responses?
MR. YOVANOVICH: I have a few. ~ ~
CHAIRMAN McDANIEL: Other than to~e~eat the objection?
MR. YOVANOVICH: No. I've alr :x made that objection,
and I don't feel the need to again po int your staff simply
denied our Site Development Pla _..,..,. ... :"'.;....~.:::ment on the sole basis that
we did not meet an FAR. That's t y thing we're here to discuss
today. ~
There's nothing on e that requires an FAR. Under
Mr. Fridkin's analysis --a hate to go in there, but let's just --
under Mr. Fridkin' anah sis, I have a 112-foot-tall building. That's
an envelope. A could figure out how many square feet I can get
into that buil · , a if he's right, I have to divide it by 700, I get so
units, but that's not an FAR. There's nothing in
bout an FAR.
~llllillall~ e basis --and the only thing we were supposed to talk
o y was: Is there an FAR requirement? Now, Jeffs a very
...... ..., • .}IR-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
Page 110
June 25, 2019
overrule your staff. We should get our approval based upon your
staffs 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 interpr ~}'
of the code is 100 percent consistent with the Growth Man ~D'l
Plan, and there is no FAR in that Development Standar
And I, ad nauseam, pointed you to 4.02.16 to th _...._lLJ _ __L
was getting bored saying it. But that's the standar and there's
no FAR in that standard table. It's right there.~ r. Fridkin
admitted there's no FAR. i
1
'
Your staff interpretation should be o~"rl led, and we should get
our Site Development Plan approve g · n FAR requirement,
and then if we need to come back _,___.-...... sed upon some other
interpretation on 700 feet, then~ back here again. And that's
all I really have to say.
COMMISSIONER --'-"--RS: Mr. Yovanovich, I have a
couple quick questions. 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 whe ese things were approved to have larger units.
So if the AR, how many unit --hotel units could you
'A.NOVICH: What we'll be governed is --and I'll
~IMIY"' remember what the percentages of residential units I
ve to qualify for a mixed use, so that will be --that's
an ~__L-~__L 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
Page 111
June 25, 2019
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 ~tl at
we have to meet your mixed-use criteria, which will limit h ~any
hotel units can actually go in that building. 0
COMMISSIONER SAUNDERS: So your clie ent at this
point is to build units that are about 400 feet but-~ ..
MR. YOVANOVICH: Average 400, 45 ~~
COMMISSIONER SAUNDERS: But if e arking permitted
it --I'm not saying you would do this, but · the parking would permit
more units, there would be at least tp e e 1 for smaller units and
more--~
MR. YOVANOVICH: We a ~11y --we're being forced into
smaller units in order to get t 11 ber we want. Your staff is
basically saying under t .-r--w.._,--make your units really small, fit the
parking. And you'll get he doesn't want you to have, which is
those little pod uni s. F r us to get the number of units that make this
marketable, you' oing to force me into being smaller, like a similar
project down
We'r ask: for hotel units that are in the 400 --the average
, 50, which we believe is an appropriate size hotel
~~ types of hotels you want to have in Collier County,
s y to anchor your redevelopment.
ou 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 . . 1n size.
COMMISSIONER FIALA: I don't understand.
Page 112
June 25, 2019
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
hote~ rooms and 24 residential units, and I had to meet the parki~
requirements. ~
COMMISSIONER TAYLOR: The current owner got t ~DP
or the owner before? 0
MR. YOVANOVICH: We have an SDPI that w 150 rooms
and 24 residential units that was just --that was a~~~--~-, d that I met
the parking requirements. It was simply rejec B use now there's
an FAR requirement. So I know I can park 15 . f you're going to
restrict in what space I've got to put it, th its have to get smaller.
COMMISSIONER FIALA: I ·us _._..,_. nderstand that at all,
so --I'm afraid I'm not in the cons FIIL<. .... , .....
COMMISSIONER SOLIS: e . I think the FAR relates to the
size of the actual units --~
COMMISSIONER .... .,,.,..-.&:lllll!I_,,• Right.
COMMISSIONER IS: --in relation to the size of the
whole property. ~
COMMISS ER FIALA: He's saying he has to build more
units --
MR. OVICH: I get --if staffs right that I get a .6, I get
are feet, whatever that was. I think it was 51,000 is
IRMAN McDANIEL: Put that slide back up, Leo, if you
e it.
MR. YOVANOVICH: I think it was 51,000 something square
feet.
COMMISSIONER SAUNDERS: Somewhere in that
neighborhood.
Page 113
June 25, 2019
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. YOV ANO VI CH: If I divide the 150 rooms into th t ~)re
footage right there of 51,743, I get rooms in the 250-square t
range. 0
COMMISSIONER SOLIS: And you've got eno..,.,,__ .... 'V.J arking --
MR. YOVANOVICH: I've got enough parki satisfy that
requirement. And I don't think --we don't wa: t e've not
asked for that. We would prefer to have the bi r rooms. And that's
what we got approved initially, but that's --you know, that's the
way it's going to ultimately play out, aesire; not what we
~~-s
squar~~;:_RMAN McDANIE~ e hundred forty-four, 345
MR. YOV ANOVI y. That's fine, but I may have some
issues with hallways and gs like that that I may have to subtract
out. But that's my best-ase scenario, 344-square-foot units, and if
that's what you t to see by now imposing an FAR that doesn't
exist in your e, t n, you know --
CO I NER FIALA: FAR is supposed to encourage
~...,.."---'V ANOVICH: The fact that you didn't have an FAR
e ourage the larger units, and that's what you wanted. You
wa: ... ..._',j""" 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
Page 114
June 25, 2019
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
Mr. Higgs bought the property, and he came to me and said ,
Rich, do I have to build 700-square-foot rooms? Do I h ~n FAR?
And, you know, I sat down and I read the code, beca ' never
been in that section of the code before, and I read cle. And the
code doesn't require 700-square-foot units, an ·
FAR.
And to make sure I was right I aske ur staff, and your staff
said, you're right, you don't have to p a quare-f oot rooms, and
there is no FAR. And we applied ar-..-..i-.. got our SDPI approved.
And now all of a sudden I've got -on't have to do 700-square-foot
rooms, as Mike Bosi told you t ow I've got an FAR that I can't
find anywhere in the cod port that I have to do an FAR.
COMMISSIONER FIAL · So then why do they want to build 150
rooms? Why don't the~ust say 48 rooms?
(Simultane speakers speaking.)
MR. YO N ICH: There's no market for that,
Commissi ner · la.
COM IONER FIALA: --somebody who doesn't know
... ~~~~ ... l about building or anything. So I'm asking basic
that maybe other people in the audience would want to ask
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
Page 115
June 25, 2019
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 comer.
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 ~ir
there aren't any other questions for Mr. Yovanovich, m ~~e e
should just close the public hearing. ~ ~
CHAIRMAN McDANIEL: Getting ready to t want to
make sure that that's where we're going. If th a 't any other
questions, I'm going to go ahead and close the u ic hearing.
COMMISSIONER FIALA: Did we ve any other people that
are signed up to speak?
MR. MILLER: No. I have 1 ered speakers for this.
CHAIRMAN McDANIEL: only ones that were swore in
can. ~
COMMISSIONER .... .,,.,..-.&:lllll!I_,,• I didn't know that.
Well, I make a motio approve. Let's see --for the BZA to
affirm the administrativ. denial based upon the direction for
interpretation pr · ded for in the LDC.
CHAI cDANIEL: Do I hear a second?
.)
N McDANIEL: The motion fails due to a lack of a
MISSIONER FIALA: Okay.
AIRMAN 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.
Page 116
June 25, 2019
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 chan~ in
the way we did things, meaning we said no, and then we said y~t~
And I think it caused confusion. I think it caused some probl ~~
right now with --I don't know what happened behind the s~. I
mean, I've heard this. I've read this, but what really hay e I'm not
sure.
But I know that there's a problem with this c1.-¥fflllll~
in a sense it's unfair. We kind of changed ou · ea i stream. And
I'm concerned about it, but at the same time I a oncemed that we
do have an FAR; that there is an FAR the But I think in this case
there's been so much --there's been Jl 'ill ... '~:,t;;.iill" ith it.
I think that --to be fair, I thi ould vote on the side of the
petitioner and grant this request a e same time make sure to
ask --if it's a moratorium, I d ow what it is, but we need to get
this very, very clear goi rd. We can't allow this to happen
again.
We are Collie CoJ.'Il ty. We are Naples, Florida. We don't build
unregulated --c ....... ..,,,...., in here and create your own zoning. But from
hearing what' 1 fr t of us, there's just been so much --there's just
been so m ch fusion about this and mistakes. And I'm not
fi I'm just relating from a very human point of view.
~lldlr"J, ... ~e to make a motion that we uphold what the petitioner
and that in this case we find that we as the --well, we vote
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,
Page 117
June 25, 2019
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" m ~ e
the right word.
COMMISSIONER SAUNDERS: Let's just deal vi hat's in
front of us, and then if there's going to be some other _._.., ... ...,
can deal with that. ~ ..
CHAIRMAN McDANIEL: I agree with ~~
So the motion's been made to allow for th u e of a hotel
without the application of a FAR.
COMMISSIONER FIALA: D~n' t me.
CHAIRMAN McDANIEL: ~~ king at you. Now, is there
a second? .. ~
COMMISSIONER SOL . ell, I'll second that.
CHAIRMAN McD .. -UIQ.,. It's been moved and seconded. For
further discussion, Comm · oner Solis, your light was lit first.
COMMISSIONE S LIS: Yeah. This has been a really
difficult case. I understand what the staff is saying, but looking
back through di rent provisions of the overlay --and I'll just put
on the rec d t's been, I think, critical in my decision on it --
didn't know which way to go on this thing today. I
~...,,,._~ there's arguments to be made on both sides. But if --
o know if we can get to the slide, but there's Section
7(N)(3), 3(b ), it's this one.
COMMISSIONER TAYLOR: Whose?
MR. YOVANOVICH: That was mine.
COMMISSIONER SOLIS: Mr. Y ovanovich's.
COMMISSIONER FIALA: Read 3(b ).
Page 118
June 25, 2019
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 --1'a.1s
is what, I think, you know, made up my mind today is it sa,.--... "
elect to develop under the provisions of the applicable <Jt~
district. ~
CHAIRMAN McDANIEL: Which is silent ~~"i:~t,;.:':'._ AR.
COMMISSIONER SOLIS: Which is sil o You
know, I think on the one hand, not having som ng in there is a
statement. I don't know that it is necessar· ambiguous. And
number two --and, you know, just f;o tical common-sense
standpoint, we've always taken th n that uses have to be
specifically included within pe i e uses and accessory uses, right?
If it's not, then you're not enti it.
In my maybe too-si mind, restrictions have to be the
same way or else you don ow what you're restricted by.
So the fact th t it's ot in there, to try to then apply it when they
have the ability hoose between the underlying zoning and the
overlay, it do 't ::.=:.:7.::e any sense to me. And it seems inconsistent
with what e ressed intent of giving the landowner the flexibility
tlensities/intensities and the stated intent that we want
~--~ .... ore density/intensity in this area to revitalize it. I just --I
to any other conclusion.
AIRMAN 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
Page 119
June 25, 2019
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 mista
but those mistakes are not binding. If staff has an interpret~ 's
incorrect, we can alter that interpretation. So I'm not persu t at
there would be something unfair by agreeing with the st G econd
position, because I think we can make that determina · But I am
persuaded by the language that Commissioner Sol· ointed out.
I also want to just say that I think I would ha e enefited greatly
from a report from the Hearing Examiner, and e were on a
process --I realize this is not relevant to t motion. But we had a
process in place where the Hearing ~xw_._ ... ,. ...... .,.. ook testimony and was
about to write a report. It was tak from the Hearing
Examiner and, quite frankly, I w ~"":..,~~ave liked to have had the
benefit of that. I didn't realize he Hearing Examiner had already
conducted the hearing a .__.,,vady to write the report. I think we
would have benefited fro at. We would not necessarily have had
to agree with it, but It~ we would have benefited from it.
So in the future en we have an item like this and it's discussed at
the end of Co~~~--;r iss n meeting to simply circumvent that process,
I'm just go· g ay in advance I'm going to be very reluctant to
circumven ocedure we have in place that we could benefit from.
But I' ~lllfdf"~o to support the motion this afternoon.
IRMAN McDANIEL: Commissioner Fiala.
MMISSIONER 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
Page 120
June 25, 2019
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
And our people are complaining about all the intensities. Y
them complaining all the time, and yet we want to pack .------~
that's by building more units.
If they would have said we want an FAR, burAiJ~ still only
going to build 48 units instead of 150 units, it u a e probably
hit me better, because those 150 units also hav t e served by
employees who have to park there as wel d come to work every
single day, and then there's probabl~ g · e a restaurant and so
fu~. s
It's just --I think we're try~\O ack too much into a very small
area, so I can't support it. ~~
CHAIRMAN McD ~ .. -y":._,,,....,. Okay. Well, I agree with the
motion. It's been a diffic ecision but for me, in an
oversimplified --s · nee e're going with oversimplified thought
have an overlay. The applicant had a choice of
un erlying zoning and get a hotel approved where
ve been applicable, but the overlay, being silent on
on, allowed the use of a hotel without the application
"'-~,., s really that simple.
isappointed, candidly, similar to what you stated,
1ssioner 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.
Page 121
June 25, 2019
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? ,t 0
COMMISSIONER FIALA: (Raises hand.) ~ ~
CHAIRMAN McDANIEL: 4-1. ~ ~
MR. YOVANOVICH: Thank you. ~ ~
COMMISSIONER TAYLOR: So I'd lik~o ~see ifwe can have
a second motion that we have an LDC a ......... -...... dment correction, that we
make this very clear that all hotels i t"""'-~T _,._ ay have a FAR, F-A-R,
application, that this would be an =-.;;."=:-'.,.~ ...... ent to the LDC to make it
crystal clear so that we never ever a e to go through this again.
COMMISSIONER SA -~--,-,-S: I would suggest if you can
bring this back as an age so we'd have something to look at.
If it's directing staff to co~~.._.,.,,ack with something in the future, I
have no problem with tl,ffl t.
COMMISS ER TAYLOR: Yes, that's what it is.
COMM O R SOLIS: Yeah, I would support that. Just to
ck an analysis of whether or not it should apply,
ply? Because I think there was --my understanding
as some --I don't want to say disagreement but some
raised as to actually how and if and when we should apply
R 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
Page 122
June 25, 2019
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.
meantime if we have knocks at our doors for hotels to be b · n the
overlay without a --0
CO MMIS SI ONER FIALA: We only have one meeting
anyway, so ...
COMMISSIONER TAYLOR: Well, w n i the process.
COMMISSIONER SOLIS: I don't think e e's anything that's
been applied for yet, so it would be a yea~ .10 before that even
started, but I don't know that --• Ct()
COMMISSIONER TA YLO t know. Where's Mr. Bosi?
COMMISSIONER SOLIS: I en't heard of any other hotels
being applied for, right? ~T~ .. ...,,...~
CHAIRMAN McD .. -.DIIIIII_. It's really irrelevant who's applying
or not applying. I mean, ring this back in the fall.
COMMISSIONE TAYLOR: No, no. It's if there's an
application. We ed to make it clear. I mean, we need to make this
very clear.
CHA McDANIEL: I think we made it very clear today
at the overlay allows for, in certain districts, the
'&l)illli..,, .... a hotel without the application of a FAR.
MISSIONER TAYLOR: But I'm not sure that that is the
t 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.
Page 123
June 25, 2019
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
time to evaluate that. Plus, we're not going to have time on
CHAIRMAN McDANIEL: You're looking for an r---...c..,
something without --and I can't commit to anything ~_......
specificity to what's actually being proposed by st ..... ...__,_ .. ~
anything with regard to that. ~
COMMISSIONER FIALA: That's how I f e1, oo. I really need
to have some information.
COMMISSIONER SAUNDE S: -L.]0-,_ ove on. Next item.
s a difficult decision. COMMISSIONER SOLIS:
CHAIRMAN McDANIEL: move --let's go. Let's go on
to our next. We've got severa 1 o'clocks.
MR. OCHS: Yes, s · . ,......__._d you like to take 10 minutes for
your court reporter, and tll take the PACE item?
CHAIRMAN Mc ~ IEL: How's Terri doing? You ready?
We'll do 10 --le o it 2:30. We'll be back at 2:30.
(A brief ess as had.)
MR. C · Ladies and gentlemen, please take your seats.
CHA N McDANIEL: We don't have a quorum, but with
~llllillllll~_._er Saunders and I, we can get a lot more done, can't we?
do anything without a quorum. I'm just trying to clear the
ro nd 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.
Page 124
June 25, 2019
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 COUN
PROPERTY ASSESSED CLEAN ENERGY (PACE
PROTECTION ORDINANCE TO BETTER PRO
PUBLIC BY PROVIDING ADDITIONAL R
MOTION TO TERMINATE PROGRAM FO
CONTINUE WITH THE COMMERCIA N
PROGRAM -APPROVED
MR. OCHS: Mr. Chairma e'S,ove to Item 9A. This is a
recommendation to further di he adoption of the Collier County
Property Assessed Clearur~e,~ Consumer Protection Ordinance.
COMMISSIONER A: This again.
MR. OCHS: nd),fr. French will begin the discussion.
: Mr. Chairman, I have 11 registered speakers for
this item.
MR. H: Good afternoon, Commissioners. For the
record, J a ench, your Deputy Department Head for the Growth
Man...,~~~ Department.
......., ...................... issioners, what we've done here today is we've brought
e ordinance as directed with the recommended changes. I
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
Page 125
June 25, 2019
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 ste ·~~an
we agree on an ordinance? If we can, then we can reins
program. If we can't, then that would be the end of t .....-,,,...,,,.gram.
And, Mr. Chairman, I would suggest that we focu ... ,-.. .____,.e ordinance.
And we've heard a tremendous amount of pu · 1 think,
several times. I'm not sure how much time we e d o spend on that,
but we do need to focus on getting the or · nee in its final form, and
if there's three votes, to pass it. • ""'
CHAIRMAN McDANIEL: ii.. ~e'll hear the public, and then
vote. I'm okay with that. And w·t t t, let's just --because I've got
suggestions if --and, in fact, i r position to go forward with the
ordinance, I've got some ions and adjustments to it. Do you
want me to make mine fir ~
COMMISSIONE FI LA: You're the boss.
CHAIRM cDANIEL: You know, that's scary.
On Item 2B, ie, the ordinance itself, Section 2 --
CO I NER SAUNDERS: Could you give us a line
AN McDANIEL: Yes. It would be 89; 89 and 90.
MISSIONER FIALA: Eighty-nine and 90.
AIRMAN 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.
Page 126
June 25, 2019
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 Fial~,~ ~~u
have a comment or --~
COMMISSIONER FIALA: Yeah, a couple quest~~ s long
as we're not going to go through the rest of it. ~ ~
CHAIRMAN McDANIEL: We are going to ough the rest
of it. That's what we're doing right now. ~
COMMISSIONER FIALA: Oh. I was ju~ going to ask --first
of all, it says under Item No. 1, qualifyin · rovements. It talks
about all disputes and complaints s al 1 stigated, and I asked
you this in the office yesterday, Ja t I think I ought to ask for
the audience as well. Investigated horn?
MR. FRENCH: Commi ................. -... , what this discusses, that there's
a set --those standards ar~-:~~-~" the PACE provider.
CHAIRMAN McD~ L: Can I --can I ask you to hold off on
that? Because I w s in )he process of making some adjustments, and
I'd like to stay o sk with that first.
COMM O R FIALA: Yeah.
CHA ...,_a, McDANIEL: If you don't mind.
COM IONER FIALA: I didn't have to say anything then.
AN McDANIEL: No, no. I thought you had a general
..,,... ............... __,j ..... ~. I didn't realize you were going specifically to the
ce.
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
Page 127
June 25, 2019
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 contra
and the PACE provider." Just leave it be. Resolution by the~ 7{"
PACE provider. ~
COMMISSIONER SAUNDERS: I have no issues 't that.
e
COMMISSIONER SOLIS: No. ~,
CHAIRMAN McDANIEL: Okay. And then ,~and on 3A, I
would suggest --
CO MMIS SI ONER SAUNDERS: Are yo o hne --
CHAIRMAN McDANIEL: I'm on . e 1 5; 104 and 105.
And, again, I didn't go to those --w e aking my notes, I was
doing it up in the section. I didn't this. But one of two
things: Either leave it alone --b t lly --I don't like --it's almost
misleading to me. I would pu,__......,__, iod at the end of "PACE
assessment" and take aw ' · obtainable" and ensure that the
mortgage holder or provi as consented to this escrow.
From my und rstaJl(l ing these consents are virtually impossible
to achieve. So i e just put period at the end, that requires them to
send notice o e P E agreement to the lender. But we're not
misconst ~, ........ isleading anyone with the "if obtainable"
langua
"'-:~vii.SSIONER SAUNDERS: I have no issues with that.
MISSIONER SOLIS: That's all required by the statute.
AIRMAN 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
Page 128
June 25, 2019
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 be
signed in the presence of a notary. And the circumstances av i a
general contractor could be a notary and so, therefore, then
contractor could be --one of the issues we're having is
contracting circumstances.
So a contractor could be a notary, could sign "'. _,_ ... _ ........ t of the
customer. I would rather that the PACE prov·
supply that disclosure document as opposed to · eing or allowed to
be by a contractor. (', _
COMMISSIONER SOLIS: It'~ g . ~equire them to have,
like, staff going out to --~
CHAIRMAN McDANIEL: e , the PACE --I mean, the
disclosure could be given by t tractor, the borrower or the user
sence of a notary but not necessarily of PACE has to sign it i _______ _
the contractor. I just --I
COMMISSIONE S LIS: What if we just put a notary other
than the contrac or something like that so that it's two different
people?
CHA McDANIEL: What's your thoughts, Jamie? You
-------·------oing --I mean, you see where I'm going with this?
~--"'-'-L..INCH: I do. And, Commissioner, it only leads staff to
1 Right now our understanding is that you become a
qu d 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 -
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June 25, 2019
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 off orm 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 t s
about with the notice of commencement. ~
So the contractor can, in fact, if they're listed --if the ' ot
someone in their office, they can use another person as z~ ry.
CHAIRMAN McDANIEL: Right. ~~
MR. FRENCH: But in most cases the contra~1~d the
resident or the property owner do not sign the T'llllllllll~i""""--,-~..,..m, or the
contractor or the owner would initial "yes, it's e or the contractor
saying "yes, it's you" so there would be a ·rd-party notary involved.
So we would treat that the same wa¼.
CHAIRMAN McDANIEL: ~,-. sioner Saunders, did you
have a comment on that? ... 'v'
COMMISSIONER SA -~------=--S: Yeah. I don't know that --
that I would have any prOOt~l'Q~ith the way it's currently worded.
We're trying to protect the
CHAIRMAN Mc~ IEL: Correct.
COMMISS ER SAUNDERS: --and making sure that the . . consumer s1 lS.
CHA McDANIEL: My whole rationale was trying to
at I have up here is trying to segregate the contractor
~-..""'"1nance with this disclosure form.
MISSIONER SAUNDERS: On Line 111 and Line 112,
wo ou 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 --
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June 25, 2019
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.
discussion here. We're trying to get through this.
MR. FRENCH: And we had a great deal of discussion 'Xi~ 1s
at the last meeting. By the contractor or the owner/builde~~ 1s the
person pulling the permit that's qualifying for the permi ~ if you're
going to only refer to owner/builder, it would only b ......,... ....
owner/builder permits by state statute under 553 o ----
COMMISSIONER SAUNDERS: You
leaving it the way it is?
MR. FRENCH: Sir, the only directi we received --not to
go back five other meetings, but the.o ........ c--.,._=w-tion that we received
was to make sure that there's lang here that says staff doesn't
review or approve and that this ~ Collier County administered
program. ~~
CHAIRMAN McD .. -UIQ.,. Okay.
MR. FRENCH: An we've left it consistent with that order.
COMMISSIONE SAUNDERS: Okay. Leave it.
CHAIRM cDANIEL: Okay. There again, these were just
H: We'd recommend leaving it.
N McDANIEL: Again, I'm not stomping my feet. I
as trying to segregate the PACE providers away from
ctors in this ordinance, so ...
R. 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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June 25, 2019
'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 ver
the 4. But the Board's direction was to go back to what's alre ~
been adopted in other communities. So that's where that 4 -~,.,.ent
came from, and we believe, if memory serves me corre ~,, i Pasco is
at 4 percent as well. ~
CHAIRMAN McDANIEL: Okay. And then -1...,-ut not least,
down on the bottom --and I have to get to th · e m er. And it
has to do with the penalties for the violation. a issues with those
penalties in the line items in and around 1 , 1 5, 146.
I don't know about the legalitie., ,,-.-...,Cll-~'Y'loval of a signed
indebtedness. That's moving us 0 ~1,,.," a --I would think, us into a
civil process. If someone has --· f CE provider has created that
egregious of an offense with ....._.U',...... wer, I don't think any ordinance
would allow us to disavo ed purchase agreement.
COMMISSIONER LOR: May I respond to that?
CHAIRMAN Mc ~ IEL: County attorney can.
MR. KLA ....,~llll'--OW: You know, one of the ideas underlined in
this ordinanc 1 o tlon't want to be their collection agency, really.
CHA McDANIEL: One of the --I wouldn't concur with
~-.w,,a.....1ATZKOW: If they're in violation, you don't want to be
t ·nuing collection agency. So somebody defrauds
so dy, throws a lien on their house, all right, I don't think
anyl:Sody 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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June 25, 2019
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 instrume
for an already signed finance --~
MR. KLATZKOW: It's not a security instrument, oka . t's
their mechanism to get payment; I'll give you that one. ,l,
(Baby crying .) ~~~
MR. KLATZKOW: Okay. But --that's cute
COMMISSIONER SAUNDERS: I thou t t as a PACE
provider for a second there.
CHAIRMAN McDANIEL: Yes.
MR. KLATZKOW: Or one of.th
That was --that's the intent, Com · ·
going to get defrauded, we're no _,.t :;,-
MR. FRENCH: Commi
provided testimony fro_.__._i.#JL.J <a?L _L_,,..._,
meeting. And what Mr.
notice, he can't re ove · . ut in an ongoing basis, he would go
back, and he wo look at his agreement. And we've had --staff has
had--
CHA McDANIEL: I understand all that. I got all that.
MR. u~,='.:.t'CH: So what this does, it puts you in a position to
to order, but to request to the Tax Collector in an
asis, if the violation is so egregious, that the Board would
re 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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June 25, 2019
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. H~
certifies the roll. ~
COMMISSIONER SOLIS: We send him the millage.4
MR. OCHS: Issues the TRIM notice. ,t 0
COMMISSIONER SOLIS: Sorry. ~~
COMMISSIONER SAUNDERS: It's really . opportunity,
as the County Attorney said, to request it. It's t
CHAIRMAN McDANIEL: And, again, i s ot something --it's
not something that I'm stomping my feet ut. I felt this ordinance
was moving us off over into a legal p r ere we had the right or
by ordinance we're removing a fin curitization for a finance
agreement.
MR. KLATZKOW: Co ... ..w.t-,,. ·oner, if you remove the
assessment, they're in th ~•~ .. ""'_._,..r0~osition as every other lender, okay.
What makes this program unusual is that they're the sole entity out
to collect their
CHAI
MR.
ole · dustry out there that's been given the ability
through taxes.
cDANIEL: Via special assessment.
KOW: And so they don't lose a thing that anybody
ou went out and got a regular home improvement
~...,.y ould be the loan. It would be recorded.
IRMAN McDANIEL: So the bottom line is, it would --
MMISSIONER 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.
Page 134
June 25, 2019
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 of¼t4
TRIM notice. ~
COMMISSIONER SAUNDERS: Yes. 0
CHAIRMAN McDANIEL: Okay. Commissio ·ala, it's
now your turn. Forgive me.
COMMISSIONER FIALA: First of all,
subjects, and that is, it says that this will requi e property owner
to sign a PACE customer disclosure docu nt 1n the presence of a
notary. And who's the notary? It's 17 ra .__,.,._ mebody that works for
the company, so it's --it's not like ' is somebody that works for
the company, right? Okay. That's t I --they're nodding "yes,"
the company people are nodd · '
MR. FRENCH: Pr __....,~__, ...... e salesman, ma'am.
COMMISSIONER A: The second thing is, of course, all
disputes and comp aint~hall be investigated. Probably by the
company, right? ot by us, right?
So it's i r, stl that we're not --we're supposed to be here now
deliberati ho e can best make sure that nothing happens to the
mmunity again with some of the things that have
... ~....,,,.. ... ·ng to the people involved in this PACE program before.
oesn't solve anything, because these two things don't help
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
Page 135
June 25 , 2019
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 peo e
who supported it, because we're supposed to be trustworthy a
care of them. So that's --as you can see, that's how my vot es.
CHAIRMAN McDANIEL: Yes, ma'am. ,t 0
Commissioner Taylor. ~ ~
COMMISSIONER TAYLOR: I'm going tor ,~ my remarks
for a little bit later, please. ~
CHAIRMAN McDANIEL: Hit your butt~ again when you're
ready then . (', _
COMMISSIONER TAYLOR:.O 'W
CHAIRMAN McDANIEL: ·-",_ . sioner Solis.
COMMISSIONER SOLIS: o g back to this issue that we just
talked about --and I think I re 1'Y'lllil:>-n"'l!il,\er exactly what Mr. Ray said. He
gets --like he gets the ta 1 -or the information, he gets a list of
the assessments that will n the tax --the TRIM notice from the
PACE provider~. o I inK what it needs to say is that we will --we
can direct the P providers not to include that in the list that goes
to the Tax Co e tor
CHA McDANIEL: For the ones that have --for the
~~ ......... SSIONER SOLIS: Right. I think that's what the Tax
said is that he --whatever he gets, he puts it on the tax
, 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
Page 136
June 25, 2019
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 ____ ,TTd
to the Tax Collector in terms of the assessments. Am I wron~~·-·
that? ~
MR. KLATZKOW: No. We can change the lang e o make
it more expansive to include the PACE provider.
COMMISSIONER SAUNDERS: Can we change ~II.J<I
now so that this never has to come back to us ~
MR. KLATZKOW: God, yes. }--'
COMMISSIONER SAUNDERS: C~~ou work on that
language? • A, t()
MR. KLATZKOW: Yes. ~~,,
CHAIRMAN McDANIEL: tween now and when we vote?
MR. KLATZKOW: Yes ie just had --
COMMISSIONER '-'W-,,-I think we --can we not just take
out "Tax Collector" ands "PACE provider"?
MR. KLATZ OV{f. May request the PACE provider and/or the
County Tax Col
COMM O R SAUNDERS: Sounds good.
CO I NER SOLIS: Okay.
CHA N McDANIEL: So we're just adding an and/or.
~illllllll'illll,,., ... er Taylor.
MISSIONER TAYLOR: Just asking my colleagues up
hat 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?
Page 137
June 25, 2019
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 simpl~ · e
that termination would occur after the 90 days' notice and t ...... ...,""' ....... o new
applications could be accepted during that 90-day termi · a period.
COMMISSIONER TAYLOR: Okay. So one o ~~~ . .,hings
that --and I think we're going to hear testimony th 're busy at
work even now knocking on doors --is --and s ey are, that
this Commission is going to approve this PAC o dinance or a PACE
ordinance. (', _
I received this from the Clerk's.a ~ause I was concerned
about what was really going on, a c ding to this document --
and I can put it up here on the vi h er. And this just came in
yesterday --there have been a ._,_._ ... ......,tions pulled for work post May
the 28th which means th=-..,;11-.,.::n._. ... 't been a suspension or a termination
of the contracts. And, as can see, there's more than one. And so
I'd like to understa d fr~ my colleagues who support this program,
is this somethin at you would agree to?
CHAI cDANIEL: Well , I don't --I don't see that this
is --I don' see t this is a violation of anything that we've already
voted on. are permit applications, permit approvals. And my
unde · g --and somebody --Commissioner Saunders or County
A+~~L'.l•~somebody explained this to me that we voted --it was
y this board to discontinue it or serve notice, and that's a
ay 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
Page 138
June 25, 2019
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 fin ..,,. ...... ,..,
agreements that were already in place. Virtually irrelevant liat
we already voted on. 0
COMMISSIONER TAYLOR: So these would ,--. ... , .... sidered
work in the hopper, so to speak?
CHAIRMAN McDANIEL: Work in the
completed PACE programs --
COMMISSIONER TAYLOR: I'm
CHAIRMAN McDANIEL: --Jh eady in the process
of--~
COMMISSIONER TA YLO · o they not have to apply for a
permit before they work? ~T
11
,.,,,...~
CHAIRMAN McD .. -UIQ.,. Yes. Here comes Mr. French. He's
going to answer a questio
MR. FRENCH: ' Slf.
CHAIRM cDANIEL: Where are you going with this?
MR. FR If they've already engaged in conversation and
entered in sort of agreement contract and they were to --they
did that the day of the Board --
~~ ......... S SI ONER TAYLOR: Twenty-eighth.
FRENCH: --putting the PACE program to rest, any work
y'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.
Page 139
June 25 , 2019
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 t\n
Commissioner Saunders, I saw you getting ready. ~
COMMISSIONER SAUNDERS: No. I was just to say,
can we complete the ordinance and see where we're ~:;:.·~-r to be with
that. ~ CHAIRMAN McDANIEL: Do you hav mments on the
ordinance itself proper?
COMMISSIONER SAUNDERS: I e none .
CHAIRMAN McDANIEL: C ~ .....------.·s er Solis?
COMMISSIONER SOLIS: ~
CHAIRMAN McDANIEL: t r than those suggestions that I
brought forward, I have no m
So I think we shoulrt-111(-,. ublic speakers , and then we'll vote
on the ordinance or not.
COMMISSIONE SAUNDERS: Could I suggest that we go
to --if there are other speakers that are going to speak directly to
language in t rd1 nee , let's deal with the ordinance .
CHA ~ McDANIEL: Yes.
COM IONER SAUNDERS: Because I suspect that there
e some folks --some PACE providers that are going to
ecommend some changes. We may accept them; we may
no . t 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
Page 140
June 25, 2019
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 tlie --
COMMISSIONER SAUNDERS: It's just going to be ~ '?}i
confusing to be jumping around. I think the --
CHAIRMAN McDANIEL: Okay. 0
COMMISSIONER SAUNDERS: I'm just sug~f~., ... -9C, that the
best thing to do would be to finish the wordsmithi.--r=-,..,.a.'-'•
ordinance --
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS:
another 10 minutes, and then we ca]l d
approve an ordinance, we can dee·.._......,._,_
programs in place.
CHAIRMAN McDANI otcha. That's a fine way to go. I
certainly --it's a way to et's --
MR. MILLER: I thi can segregate out the Y grene providers,
as we've heard fro th~ people before.
CHAIRM cDANIEL: It's not just Y grene. It's PACE at
the PACE providers that have specific
ble or comments attributable to the language in the
em to go first, and those that want to speak in favor
of or ..... ..,.,. ..... '"'. · 10n of the ordinance at large, we'll wait for them to be
1~
¥,R. 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?
Page 141
June 25, 2019
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. Tfilt~
millage, different thing. It goes out on the tax notice. I sen~e tax
0 notice out.
The PACE providers , once you approve them, a
working --they're just like any other CDD or MS
they're the ones that send me the stuff. So th ' e n
their assessments on the loans they have, just 1 e e ican Marsh
sends me assessments and the other peop o.
You were talking about what ~o ...... ,.. ... ,~en if you had a bad
player. Perhaps what would happ had a bad player, you
would tell them, Mr. Y grene, or oever, do not send that on
So
anymore. Then let me know,_____ e could look for it. And then I
suppose if they were rep 0
-.,.... .. -1""~aers, y'all would have a way to
figure that out. But if I ge · from them on a tax roll certified to me,
it's going to go on tax oll, and then it's there.
CHAIRM cDANIEL: Correct.
MR. It I there then --
CHA McDANIEL: We understand.
MR. --forever more.
""-:~vi.i..SSIONER FIALA: Folks, this is the Tax Collector, by
, arry Ray, just in case you didn't know who was standing
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.
Page 142
June 25, 2019
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 er
podium. ,,'\~
MR. GOTHA: All right. Thank you, Mr. Chair, ~
Commissioners, staff. ,t 0
First of all, I'd like to thank you guys for all the · ij~nd
resources that you've put into this trying to make i _""__,est ordinance
as it can be. ~
As we indicated, Renew --I'm sorry. My ~ame s Matthew
Gotha on behalf of Renew Financial. (', _
And as we indicated in a letter Jh ~t to you guys a few
weeks ago, we are still committed o ing with you and staff to
develop a residential PACE ordi c that's best for Collier County.
Renew wants to be a partner · e county in offering services to
the residents of Collier C e have financed a modest amount
of projects and have had complaints on all of the projects we
have financed. ~
We do hav me concerns with the current proposed ordinance
and its work 1 ·ty. think it's also important to note here that we as
Renew Fi nc1 ave been left out of all staff-level conversations.
There have n6"l!lllil, conference calls, multiple conference calls with
Mr. .... ~'0 J.~~.nd staff level, and all of the other PACE providers have
b,..,.....,......... <led, and we have been excluded for whatever reason. I
ow --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 Y grene 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.
Page 143
June 25, 2019
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,
qualifying improvement list, we have issues --specific issu~LA ,
this. A couple. 0
It's another provider and competitor's list, and w ,,__,...,,._..,..,t feel that
we should be subject to another competitor's due UA'!I. ~l1111"J
two, the list is from 2017; and number three, ..,._..._~i s alifomia
specific. It does not include wind-resistant im o ements, and it also
includes water-efficiency measures whic e not allowed under the
Florida PACE statute.
The resolution that we believ --could best fix this is
what the Pinellas language says, i is the PACE local
government --the PACE loca mment shall establish an
eligible-measures list th · 1es the types and specifications of
qualified improvements u efficiency standards for materials
installation established y t e U.S. Department of Energy,
Environmental ection Agency, or Florida agencies as applicable.
The eligible e sur --eligible-measures list shall be regularly
updated a m publically available.
That s · 1cally, in an interest of time --we have some others,
but I , ... "'llt)lllldr ...... e other PACE providers will touch on those, but that
s y is definitely an issue that we have.
AIRMAN 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.)
Page 144
June 25, 2019
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 Y grene Energy Fund. Thank you,
Mr. Chairman and Commissioners, for yet more time on this o ~~ g
discussion. And I want to just restate and appreciate --recog i~&
your commitment to strengthen the consumer protections i
county and --as well as keeping it accessible to all resi s f
Collier County. And as we previously stated, dedica
in that process.
I have just two slides and really two issu
in front of you has all of the items in which we a e input requests or
recommendations. The --below the line ~ l!ems of either cleanup
or compliance with state law. • ~
I know, Chair McDaniel, yo --.,u.,u. ... essed a couple of them
already, so I'm not going to spen _.L._. .. ..,1me focusing there. But
there --we do strongly recomn'"fll•" some edits or amendments to
those sections as well f o easons stated .
The two that I want t cus on is the disclosure form and
process and affordabili t, test. Now, Chair McDaniel, you've already
addressed the di sure form and process but with two modifications
·on 'd submit for your approval.
ne, this is absolutely critical that we deal with this
sue that's already been stated. I believe it's the
-i~~·,.._itent of this --of the commission is to truly protect the
and separate out any conflict of interest particularly as it
pe s to contractors and their ability to act in their interest and not
the liomeowners'. 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
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June 25, 2019
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. o
that is one recommendation. ~
But the more critical point on this one is Line 109 in S n 3,
Item 3A --I'm sorry --Item 3B where it says, the prese o notary,
I would either strike "notary" and add "IDV" or "indi · 1
identification" or add "identification," and the reas
according to the national institute of standard'-'Y"'lllllllo:;_ ......
technology, traditional verification methods, i [l ing notaries, are
no longer recommended. They are not co · dered secure.
IDV, driven --delivered by ere.di s is the state of the art
in identifying or confirming the id ~ f someone who is signing it.
So not only does this allow us to ~d e a more --a streamlined and
time-efficient process for the ...... 'U',,....... wners, it would take it out of the
hands of the contractor, i uld put in place --it would at least
give us the option if you a identification verification to that
standard for de live ing Jik e state of the art in verification and
consumer prote-.................. So that is on Item 3B within Section 3.
The sec ite is Item 3D in the same section, and this starts
on Line 1 the current limit for the payment to income
threshold, percent income test, would deny a large group of
.... ~)illlliil_...,-cess to PACE financing. This group has an
lly high repayment rate of 98.9 percent and a 100 percent
cu r te, meaning there are zero defaults in this group.
So, 15asically, 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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June 25, 2019
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 1
and above. And what the red line indicates is where we sta
delinquencies or --not defaults. There are zero default~~
delinquents on paying the taxes. ~~
Interestingly, people with even the 9 to 10 pe;!.~•!'..,.~IV ... TI pay their
taxes 100 percent of the time in this group, a is · 11 significant
sample of 12,000 homeowners.
So to balance access with consumer tection and access to
credit, we're recommending, based \l n
previously available at other meef
--.--:--=---· that was not
is is --Commissioner Solis
asked for us to provide more dat revious meeting. We
expedited a project that we --,4~ ready been underway internally,
and produced this now. ~
What this shows, aga is far lower than the mortgage
delinquency rate o 3.5 ercent in this state. The overall tax
delinquency of , the break point is after 10 percent.
So we're ing o inject --what we're doing here is injecting a
significan m t of data to support a particular number as opposed
to pulling a her, 4 percent --and with all due respect to staff in
Bro ~....., nty, who we've worked with in the past --that number
out of the air unrelated to PACE, unrelated program.
in order to not propagate --and it was done at a time when
E 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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June 25, 2019
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 ove1'..
$4 million over the lifetime of the --useful life of the project. ~'tat
is the --you know, the support for that request and your co · ration
onltem3D. 0
COMMISSIONER SOLIS: You wanted the per.,.....,,...,... .. .--.ge to be
exactly what now? ~ ..
CHAIRMAN McDANIEL: Ten. ~~~
MR. LEMYRE: To not to exceed 10.
COMMISSIONER SOLIS: Not toe e 10.
MR. LEMYRE: Is the recom°'e ... ..,.....,.._...Yl.''M'
Specifically, if we put it at 4, e xcluding 1,741
homeowners from access to save inquencies which then fully
pay. So, again, still that grou .............. 11:u,L.Jero defaults. So from that
balance standpoint, that' ys1s.
So, again, there are o r items below the line that we think are
important to consi er. )Ir. Gotha mentioned the eligible-measures
list ref erring to · dependent third party such as the Department of
Energy woul m e applicable in our opinion. There are other
items I'm illi o address or answer questions on, but that is --that
concludes resentation, Mr. Chair.
AN McDANIEL: Specifically down on the bottom --
. · oner Taylor, I'm sorry.
MMISSIONER 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?
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June 25, 2019
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 on
way or the other what they're asking for. ~
CHAIRMAN McDANIEL: So in the absence ofthes~
adjustments, you feel that we are going to be in complia ith the
state law that allows for PACE financing? g
MR. KLATZKOW: Yeah, I do.
CHAIRMAN McDANIEL: Okay. Oka~ s hat I'm
asking. ► ,
MR. KLATZKOW: I do.
COMMISSIONER SAUNDE
es.
MR. MILLER: Yo ~19l:'peaker is Devesh Nirmul. He will
be followed by Ryan Burt
MR. NIRMU : q.,od afternoon, Commissioners. Good to see
you again. Hop ly we can close this process off. Devesh Nirmul
representing e lo ·aa PACE Funding Agency.
I'd li to t make one quick statement about the legislative
ute and why I always try to say we represent the
made a presentation to a board of your peers which is on
rd of our special financing district, who has every intent to see
E 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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June 25, 2019
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 require!i!'!.·~t
as a lender for us around contractor management versus wh~ '7:}i
contractors need to comply with verse --via state law.
And that's --my comments are only going to be --r e with a
lot of the other concerns, but I will stick to the comm round the
certificate of completion.
When we try to call for permits and requ---.....· .....,;c --
certificate of completion signed off with the c to er, the idea is to
preserve the spirit of the statute, that inde the right kind of product
has been installed, and we follow u w. · omer service. We have
dispute resolution. ~
So we think that the idea of Y g us to be held responsible for
the certificate of completion i ..... ~,-~~ ing on a contractor liability,
responsibility, accountab · · T~~,~o us as the special financing district,
the lender, and that, you ~~ .......... , we have these measures in place to
control --to influe ce c ntractors. If nothing gets completed the way
it should, we ha he ability to take that contractor out of our
qualified list ctors and solve the problem.
Yes.
COM IONER SOLIS: Just a quick question. But what
he ordinance --
NIRMUL: I'm sorry. This is 3F.
MMISSIONER SOLIS: Yeah. But the question is --and I
thin 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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June 25, 2019
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, becaus~
that's, for me, the most consumer protection. We can talk abo__..., ...... -.
this other stuff --that's the protection that the contracted-fo
improvements have been done properly and are comple
MR. NIRMUL: And to the extent --as a lender.--..._.L-
responsibility on that versus let's say a bank loan ..,__..,...._.L ,_
we're being required to make sure that we --v __ ....,a
assessment, according to the latest version oft e
COC is completed.
y.
So if
COMMISSIONER SOLIS: B ~ t
MR. NIRMUL: By the coun s it happen with a HELOC
1 the marketplace? or other types of conventional lo
COMMISSIONER SOL . , sure it does. The banks will not
release the retainage --
MR. NIRMUL: Co rcial, I get it. I'm thinking of a
residential type of V ~ replacement.
COMMISS ER SOLIS: I mean, my --not when I built my
house.
I
CHA My understanding on residential is
CAI .~-....,. 1es of inspections and releases that come with fill and
-,~~nd then the whole way up to the shingles on top and
1 s that come along with --
R. 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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June 25, 2019
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 bu1
of capitalized interest if we go into the next tax season. So th~,
this is --it's complicated. ~
COMMISSIONER SOLIS: I mean, that's your bui~ s issue,
correct? ~~
MR. NIRMUL: It is. If it's part of disclosur,....-~.--, ..... f/il'A .... it becomes
:~-~-ssue of also, you know, what do we actual~
COMMISSIONER SOLIS: Tell the stomer?
MR. NIRMUL: On what wou d .... -.-, ........ --pitalized interest based
~~~MISSIONER SOLIS: I mea ~ink I've been pretty clear.
From my perspective, the fina · -off that the project has been
complete has to be from ~ ....... ty.
MR. NIRMUL: Oka Thank you. I just want to preserve the
separation of our liabili~ versus contractor liability. That was my
main --larger p · . Thank you so much.
MR. MI R: our next speaker is Ryan Bartkus, and I
ther four speakers I have are just residents. I don't
· h PACE providers. If one of them are, I'm sure
~lllllllr"' know.
BARTKUS: Good afternoon. I'm Ryan Bartkus with the
Development Finance Corporation. We're the administrator
for RED 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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June 25, 2019
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
tum 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, an
and I'll just say it'll be what it'll be. How's that? Right, .. ..._~""-
MR. FRENCH: You just gave me 10 new inspe.___, .... ,...
COMMISSIONER SOLIS: Right. Thank y
CHAIRMAN McDANIEL: So it will b....,_,._1c r.
MR. BARTKUS: Okay. Well, I mean, I reciate that. I'm
just looking from our operational side an w that would work,
right? • ""'
And so I don't want to take u~~~~~o f your time because I think
we talked about most of this. But emoval of the asset --
assessment, excuse me. I und=--t----d --I think that's a legal question
you guys need to work t
My only concern wo be is if it starts out as an assessment and
then we change it over some sort of bill, if it's monthly or yearly,
are we confusin at property owner even more in this process?
You know, I e n, it's a scenario where the code enforcement
decides th t it an issue that we need to handle, I would like it to
t
ere you guys allow us to come and work through the
~...,,..,ement panel to make sure we can resolve that first before
a assessment being removed. I just think that's going to
any 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
Page 153
June 25, 2019
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 thin
would say to you on that is --I know I've talked to Jamie about
There's an NOC required for most of these eligible products,
would put the contractor in a position to have a notary in 21
what does this do to a contractor where the NOC may n t\)
required? Do they have to hire somebody? And int se , is that
placing an additional cost on the property owner w.~~ .... ,rv:-.;-e're
requiring notary for that situation? ~
Ifwe could --we do a confirm-terms cal~~y rwe could ask them
that question in the confirm-terms call w ...... _,,....., it's recorded, then, I
mean, you're having that customer OJ t -.--,,-erty owner then state
that they have signed that disclos another option for you
instead of trying to walk through a 1s notary business. That's all I
have. Thank you. Appreciate time.
MR. MILLER: Do t to go on to the next speakers now,
sir? Your next speaker is · a Lefkow. She will be followed by John
Hamey. ~
MS. LEFK : Good afternoon, commissioners. For the
record, Lisa o And --
CHA McDANIEL: Didn't you just have a birthday?
ave a birthday? Happy Birthday.
'l.~....._~ ..... KOW: Do I look differently than the last time when I
AIRMAN 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.
Page 154
June 25, 2019
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 y r
agreement with the PACE providers, nor with state statutes. ~
The issue of the notary, the confirmed verification sys ~ tt'at
they use, there is never a notary present. So all of the £ s hat have
been signed are signed with contractors or contractor people.
There is no PACE provider present either. All of nsaction
happens with the contractors or contractors' s..,.,._"-.,..., le. A wet
signature would be an essential form of protec · o , and to have a
notary present would simply add some pr ction there.
The confirm-terms call is, as y ~u ..... --....... -= ard testimony from
individual homeowners, they are ~~ in how to respond so that
they can be approved. 111.. ~
The issue with the lien re l is a significant one in the
marketplace. If a contra s not perform well, the homeowner
has recourse. They can ta hat contractor to court and sue them in
the PACE progra . T~y are giving all of that right up. They cannot
sue for anythin ............. ,..,.,t has not been well done or has not met their --
the standard.
So, I · __ ...,_ you to continue to, Commissioner Solis, hold their
feet to the ith inspection process, making sure that that has been
fully ,..,~,,;.-----._,,.,..,,.., ed. We've heard many times of that not being true.
~ _._ ...... .,....,rd testimony from Mr. Lemyre about the repayment. I'll
re 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.
Page 155
June 25, 2019
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 ·
be followed by Pedro Lora. ~
MR. HARNEY: I'm John Harney. I have two points. e "fi rst
is: I was curious today to find out what the status is re i g
Y grene and new contracts. I went on the web. It wa~t;JIN simple. I
just typed in Y grene. I got their web page.
They ask what state are you in? What c
kind of work do you want to do? At the botto o tl i e page they give
you two contractors who can do that wor . J'hat appears to be a
solicitation for new business. You c.o at it a different way.
But most people who go on the In1111D ...... ..,. o see a page like that think
that company is ready to do busi s ith them.
I object strongly to the i 1 t they have stopped trying to look
for new business. This i 1ous way. They've had weeks to
change their web page wH they could have stopped doing this. I
have the link as well. I an pass that over.
You have eard from a single Collier County contractor who
is in support is ogram. You have not heard from a single
homeown . · is like the dog that doesn't bark. Everybody who's
been in her ing has been against this program or they've had a
fina ... ~~w--rest in this program.
· eve that the reason why Habitat has been involved is
e 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.
Page 156
June 25, 2019
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.
followed by Mike Schumann.
MR. LORA: Good afternoon, County Commissio ~Pedro
Lora, for the record. ~ -
I wanted to come before you all to share a sit -T•-that occurred
to my mother and I this past Friday, June 21s ~
As my mother and I were enjoying an evef rrg together, a
gentleman came knocking on her door re enting a solar panel
company. This gentleman began to _p i he called a wonderful
government assistance program, a.lift ... ,~ ... ~ that required no money
down to begin the work to make me more sustainable, an
affordable program whose be t reatly outweigh the cost.
He even went as far ~~,~-ng this program a program that is
highly seen here in Collie unty. Of course, all this information
was being presented O¥n i ad mini to a woman who understands
minimal Englis
Even aft
had heard. W
is itch, my mother was hesitant about what she
this gentleman sensed that hesitation, he began
arder sales tactics calling the program highly
ith a limited number of applications that can be
nd approved.
s 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.
Page 157
June 25, 2019
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, w · ·
why I implore you to please end this wretched program.
MR. MILLER: Your final registered speaker on t~ is
Mike Schumann. ~ -
MR. SCHUMANN: Hello, Commissioners ........... ,_, Schumann.
I just want to talk specifically about this ordi~~ ...... ..,,, en though you
all know how I feel about the whole program.
Commissioner Fiala talked a little bi out the complaint
process. And the way this revised o,d· orks is useless. You
know, if you want a complaint pr u should have a --on the
disclosure form a number for Co 1 r ounty and somebody in Collier
County so somebody who has plaint can call Collier County,
and you can deal directl~ ·t e county. And if the complaints pile
up the county knows abou · and can do something about it.
If you just basical~ say the companies have to monitor the
complaint and d with them, I mean, that's having the fox guarding
the henhouse e , that's crazy.
Talki t some of the more specific issues. The PACE
ent. I mean, I understand we don't want to get the
~~-...... the middle of that. And, you know, we have lots of
1 s about notaries. The simple solution is real simple, okay .
. .....,---e homeowner come into a Collier County office and sign the
disc osure 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
Page 158
June 25, 2019
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 perc t
income limit, if you have a reasonable interest rate, you know ~
authorizes a project up to $20,000 for a household with $~ gross
income. You know, that's what this is about. '-'
If we want to have a PACE program, it should b:.;.:;.~~ essential
improvements. If you change that to 10 percent, ow, you can
get into a situation where people can basicall~ o owing 40-,
50-, $60,000 on a $100,000 house. This is no,t v sen ial work. This
is basically --this is why these contractor et attracted to this
program, because they can basically. lo -~:J-L,I they can find some,
you know, person that doesn't undaroll!lliJ and is gullible and isn't
reading their documents and doe ' the financing, and they can
just load them up on all kinds-......:.,.,~_.,, . ...,ssential things that no normal
person would ever basic in place.
And, finally, what I t to say is, you know, you've heard these
contractors, these PAC providers, particularly Y grene, they're just
ignoring the law hey're basically still out soliciting business, and
they're totall · sle ing everyone, including you. The Y grene
was just here said on average, the average
eir project saves $2,500 a year on insurance.
~~_..., ... ow, that is absolutely preposterous to say, because I
se that the market value is close to a million dollars in
arbor, 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.
Page 159
June 25, 2019
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. 4
Commissioner Fiala, you're still lit up. 0
COMMISSIONER FIALA: I'm still lit up beca aven't
spoken. This time. I spoke before. ~
CHAIRMAN McDANIEL: Yes. ~
COMMISSIONER FIALA: Okay. First 1, wonder how
much money the county has been spendi n t is PACE program
since we started it. We have certainJ y L.........,.rl_,. lot, and we've got a lot
of employees working on it. And,---.,~--way, we aren't going to get
anything for that. Nobody's go ~\O eimburse us for all of that stuff.
I just wanted to point that out. ~:
We've been trying t __.___,__._ the reason we're trying to do that,
the county, as well as thes mmissioners, is because we want to
help people. That' our oint. We keep thinking, well, maybe if we
can off er some __.......,,...,
But in in n , I don't see any help coming. I only see
us, especially when --and I think it was Lisa
, it's only been two years, so you won't even see all
__.,._,~,,,,,,.. ..... t are going to be captured once the tax bills come out for
ears and they start selling the tax deeds. Then you're really
o 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
Page 160
June 25, 2019
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 ~
visualizer.
I have a sense where this is going, but before we v o it, I
e
think I want to put this on the record. We all got a c this. This
is from the Clerk's audit. And I'm going to read t ....... n,,-..
and then if you vote for this program, it's on
mine.
2,018 --oh, 2,108 tax bills with PA assessments more than
doubled the average tax bill --was 17. increase.
PACE loans financed the majority onditioners for 20 years
when the proposed consumer prot t ns limit financing to 15 years.
Y grene has a pending C __ · _________ · a class-action suit, which
includes Florida plaintif . are not without complaints in
Florida.
In Los Angeles C nty both Renew and Renovate America have
pending lawsuit ~he county is accused of being complicit as they
looked the ot i~w~when problems piled up.
Sixty-ix cent of the 2018 Collier projects were performed by
Y grene co ~ ..... F'l"llillif'ors: Bruno Air, under investigation; or
Sum t s, which has been suspended from the PACE program
fo flllll"')'l'l! .. e ive practices and found to have violated notary statutes.
~CE 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
Page 161
June 25, 2019
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 ~~
the Green Corridor PACE district (Y grene) continues to ha
multiple recurring findings regarding Y grene statutory
and recordkeeping since its inception .
And, finally, a review of 54 documents recor
Corridor (Y grene) since May 28, 2019, reside ~""'-
termination by the BCC reflects 3 7 new or am
17, or 31.5 percent, PACE loan terminati
I'm not sure why we're here. TJi e -ere were comments
that I think struck me. We're allo · CE to define this program.
We're saying we're helping peo p)t~o clearly we're not helping
people. We're hurting people ~~
And I think, sir, as i n you have said, if --you know, I
don't want one person to urt, and yet we continue to support a
program that takes adv ~tage of people in your district, sir, and your
district. A
Thank ): ~e~much.
CO I NER FIALA: Make a motion.
COM IONER TAYLOR: I make a motion that we --
""-:~vi.i..SSIONER SAUNDERS: Can we continue to discuss
t 1 1r7'-T",,.,,...,.,. the motion's made, or is that --
MMISSIONER 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.
Page 162
June 25, 2019
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, a~<.\
keep coming back to the same conclusion: That this is a de ~ve
program in that any contractor, any PACE provider --a ' not
pointing fingers to a PACE provider --can sell this P. ... .-r•-,.,.t, they get
a lien on the property, it's a superior lien, and so~ they care if
the person can pay it back? ~
And I've tried to struggle with how do we f ~ !hat? And I just
don't think we can fix it. I've gone full ci~ _o n this about 25 times;
three times today. • A, t()
But I'm in support at this poi l~tinuing on with the
termination of the residential pr~ , ut I want to keep the
commercial program in place.
COMMISSIONER : Is that a motion?
COMMISSIONER DERS: I'll make that as a motion.
COMMISSIONE TAYLOR: I'll second that. Thank you.
CHAIRM cDANIEL: Well, then there you have it. It's
.__ ......... sec nded that we continue on with the termination.
H: Commissioner?
N McDANIEL: What? I'm about done with this.
~--"'-'-L..INCH: Just some clarifications, sir, is that this would
· e of multifamily, condominium associations, not just
bu · ses; 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.
Page 163
June 25, 2019
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 t
termination of the PACE program for residential use and cont·
allow for the commercial and multifamily use. Is there anR
discussion? ,t U
(No response.) ~ ~
CHAIRMAN McDANIEL: All in favor? ~ ~
COMMISSIONER FIALA: Aye. ~ ~
COMMISSIONER TAYLOR: Aye. ► ,
COMMISSIONER SAUNDERS: .
CHAIRMAN McDANIEL: A 1 ,-.-,,u ....
~ Aye.
COMMISSIONER SOLIS:
CHAIRMAN McDANI
COMMISSIONER
CHAIRMAN McD~ L: How you doing, Terri? It's not
break time. ~
COMMISS ER FIALA: We're an hour and a half over what
we told her.
easy.
CHA McDANIEL: Is it break time? We've got 15
~..,, . .___,URT REPORTER: Fifteen minutes.
IRMAN McDANIEL: Well, you need 15 minute from
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
Page 164
June 25, 2019
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. t
wanted to --~
CHAIRMAN McDANIEL: That was bad.
COMMISSIONER TAYLOR: Can you?
COMMISSIONER FIALA: Good one.
at has to go.
Item #1 lA
• APPROVAL OF THE EAST NA
MASTER PLAN TO RENOVA ----~ E PARK TO
ACCOMMODATE THE INC _ __.__~ ED USE OF THE PARK FOR
PICKLEBALL AND TO _.....,._,RT THE US OPEN PICKLEBALL
CHAMPIONSHIP ACTI IES AT THE PARK-MOTION TO
ACCEPT STAFF' R:Fj:O MENDATIONS AND PROCEED
WITH PHASE D PHASE 2 -APPROVED
Commissioners, we're moving to Item 11 A, and
,,, ......... ,L ...... endation to approve the East Naples Community
Ian to renovate the park to accommodate the increased
park for pickleball and to support the US Open Pickleball
ionship 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
Page 165
June 25, 2019
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 ye
back in terms of the activity at this park. I, you know, go tot
frequently, and it's not surprising to see 500 people playinR
pickle ball, outside of the US Open. U
So we've developed a wonderful partnership wit C , with the
US Open, Spirit Promotions, the Ludwigs, in just
phenomenal event at East Naples Community
And early on there was a recognition oft eea for us to
improve that park. It's one of your oldest rks in the inventory, built
in the late '80s, and we put significa t s in there both from
the Parks and Rec Division as wel . An estimation: We put
1.3 million from park funds overt st three years, and in TDC
funding about $2 million. So t a significant amount of money.
But, certainly, as we've e--·-ced the events that occur there ,
there's a realization that tH ark needs much more.
So what we wante to do today is to provide you with a
culmination oft ghts and ideas from a variety of stakeholders, a
public meeti t at e held, and to paint a vision, if you will, for this
park and at ould be, you know, to support these activities.
So wi_,,.,,. .......... t, we do want to make a couple of comments about
that. ~~ the master plan that you'll see, it actually includes lands
t ~~ working with the school board on. We don't have those in
ou entory 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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June 25, 2019
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 at.
So with that in mind, what I'd like to do is to turn it over r
consultants. ABB is the consulting firm that we've worked · , and
just to share with you the master plan and seek your ap ~(\ for this
master plan. ~~
So with that, let me introduce you to Dom A ·,~pd Dakota
Bernal. ~
MR. AMICO: Thanks, Barry.
We've been working with staff and Pie leball and the public
for, I don't know, six or eight mont~ t the point where we're
at now. ~
First slide. First we'll go th o what's on the ground today.
CHAIRMAN McDANI~ ou have to have her there just to
run that thing for you? -0. ~
MR. AMICO: Who '?'~.ll right. The slide we're looking at now
is everything that's on tlle ground today as it exists. Right now we
have 54 pickleb ourts, four racquetball courts, one-and-a-half
soccer fields. e o e-and-a-half is caused by the construction of
recently 1 ball courts on the northern --the eastern --
""..,.ill"'e a community center at 12,000 square feet; a
._ .. LI I.L are-foot bathroom facility, which is --you've heard about
s 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
pickle ball courts, the demolition of the maintenance area, and moving
Page 167
June 25, 2019
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 u
64 pickleball courts, the existing four racquetball courts, com ...... .£..., ... __
center, which is existing, a new welcome center, electrical
The electrical improvements are being designed by a di
consultant right now as we speak. The electrical syst
is, you know, 1980s style. It's well, well underpo
current use. ~
In 2021 we envision building a real maint n nee building at the
side of the temporary maintenance buildi 4t,a,2 increasing the
parking count to 630 parking places. Ct()
Ultimately --and we don't have a · 1 on the rest of the
improvements --we would be lo · n to add a championship
pickleball stadium, 3,500 seat w community center at 38,000
square feet. Now, that c ~~~L~..,.._~ty center would house all of the
current uses in the comm · y center plus there would be room for 10
indoor pickleball court~ e heard about, this morning, the
pickle ball to urn nt, some folks losing their spots due to lightning.
That could b ert if we had the indoor courts.
And itional parking, bringing the total parking count up
, and that uses five acres of land currently owned by
~ll!lllraF~ard. There may some sort of an opportunity there for
ing or swapping or purchasing from the school board, and
th ' e 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
Page 168
June 25, 2019
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 n
now, or do you want to hear the speakers?
COMMISSIONER FIALA: Well, I would love to ~--do we
only have one speaker? ~,
CHAIRMAN McDANIEL: We have four. ~ ~
MR. MILLER: No. I have four speaker~~
CHAIRMAN McDANIEL: They're all g ~ng to tell us we're in
favor of your motion. (', _
MR. MILLER: I'm not so sure.t ~rate, sir.
CHAIRMAN McDANIEL: ....,.,. ...... .,._. air enough. Then we'll
hear from the speakers first.
MR. MILLER: Your fir ker is Rae Ann Burton, and she
will be followed by Phil ....-~~t!'~,U-m.
MS. BURTON: I en ed my thing to good afternoon. My
name's Rae Ann B rto 111 Golden Gate Estates.
The item o ncem I IA, to renovate East Naples Community
Park, build 1 ck all courts. I have no disagreement with making
a park bet r a afer for public.
Items , I IA, promotes pickleball activities through tourist
L ~)!IIIIIIIII~, build 10 courts. Item states there's a three-year
signed April 14th, 2015, extended two years to 2021.
ill 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.
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June 25, 2019
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
p~ ~
It's my understanding the money's been available for sev....,.-•,,,,--..
years. There's also a great need for an ATV park. Too ma-.--"""eople
are getting seriously hurt and even killed because there ~1'j afe
place to ride. ~~
So my question is: If there's enough to fund · ing of 10
pickleball courts, why is there not a place for park? Is it
because it's only for the rural Golden Gate Est e and will not bring
in tourist dollars? (', _
A regulated A TV park would PJ O . roafe place to ride and
save lives. Thank you. ~
MR. MILLER: Your nextx~ r is Phil Brougham. He will
be followed by Jim Ludwig. ~~
MR. BROUGHAM•-,--.. afternoon. I thought it would be
good morning when I cam · , but it's in the afternoon.
COMMISSIONE FI LA: We did, too.
MR. BRO AM: And it left --I am Phil Brougham, and I
ier ounty Parks and Recreation Advisory Board.
ost 10 years. Enjoyed the hell out of it, too.
ere today, I've sort of worked myself up regarding
~lilllW'E,s considering this proposal you have in front of you.
, I totally support this master plan.
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.
Page 170
June 25, 2019
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 cent~
You heard the stats from tourists that came into this cou~, · s
morning for this last tournament, which has been a phenom~
success. I would submit to you that investing more tha 'llion
dollars or whatever is called for in this first phase an ast put in
bathrooms and electrical is one of the best deals o~"'.....,able as far as
return on investment. ~
There's a lot of projects that come before ~is ooard where you're
asking to spend money here and asked to nd money there, and
maybe you're going to get a return, i n you won't. This is an
example of a return on your inves tourist dollars, restaurant
dollars, heads on beds, et cetera et, we're not even proposing in
this first phase to do the bare · als, which are bathrooms and a
welcome center and upg~~= electricity in this park.
And I think that is so ething that hopefully you can address in
the budget cycle, whic · s not yet complete. You still have a
window. So thi 't the end of the story. But I just hate to hear
phases. Phas av aded into the everlasting future, in my opinion,
in this cou t t's step up to the bar and get this done, and then we
the new and greater projects that are on the horizon.
<L~~~., ant to --I don't like to hear funding is a big question
have the ability, and we have the expertise to find the
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
Page 171
June 25, 2019
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'~
here for other than to put a challenge to Commissioner McDa ~l"d
Commissioner Solis that has been going on for two years n
years this has been going on, and you have not lived up r---~
Let's go . We need the competition. November 9th.
Veterans Park we are having a Veterans Day tou ..,.....,..,,,..._
CHAIRMAN McDANIEL: I'll be out o ~
MR. LUDWIG: --for veterans. "}, '
CHAIRMAN McDANIEL: I'll be o f town.
MR. LUDWIG: Yeah, yeah. h I heard last time. At
any rate, you guys are welcome t~d!ti ut, and I want to see this
challenge happen. -... ~
CHAIRMAN McDANI~~ill come in the spring, but not
November . ~
MR. LUDWIG: Tha you.
MR. MILLE : Y~r 1nal speaker on this item is Terri Graham.
cDANIEL: And then we're going to take a
ou an make your motion.
M: Good afternoon, again .
.......... ~-"""ed to take a couple of minutes to talk about the master
act that we really, really would appreciate you
the master plan, first of all, but then expediting the time
fra e f this so we're not waiting three, four, five years to get some
of tli e 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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June 25, 2019
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 ~
you'd like. ~
CHAIRMAN McDANIEL: Well, I've got a couple of stions,
if you don't mind. 0
COMMISSIONER FIALA: Okay. Oh, I do mi t that's
okay.
CHAIRMAN McDANIEL: We're goin ~ a reak. I'm
g~ing to pull the Chair position, and we'll be b ~k'at 4: 1 O; twelve
minutes. (', _
(A brief recess was had.) • A, t()
MR. CASALANGUIDA: C u¥oner, you've got a live mic.
CHAIRMAN McDANIEL: ~"'"...,. . I believe we were in the
process of hearing from Com~_ ... .., ner Fiala.
COMMISSIONER . ..:Ir~":_~~.,. Or a motion, right?
CHAIRMAN McD~ L: Well, you know, as is usually the
case, you get to do wha)ever you want.
COMMISS ER FIALA: Well, I'll wait to hear from Barry.
Barry's sayin ust minute."
MR. IL MS: Mr. Chair, Commissioners, I just wanted to
reiterate w e're looking to do immediately, if approval on this
mast ~......-And the electrical upgrade is something we've been
~-~-;r-,,, n, and that would be one of the first things that happens,
re also looking at the 10 additional pickle ball 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.
Page 173
June 25, 2019
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 ~)"
you go, since you went to him. My question is --and the is
Phase 1 and Phase 2. I certainly have no issues with Ph:....--,~
concern with Phase 2 is jumping from $1.8 million e,,-.,_L __,
another 20 million. And if we --I don't, in preten e an issue
with it, but the funding sources, availability o , the priorities
of the community. I want to make sure that th e pnontles are, in
fact, met. And by voting for this recom ...... _.__, ... __.atlon, are we giving the
green light to go ahead and do anot1ler ""_L~-~ · on, or is that based
upon funding and approval and so -,r•-
MR. WILLIAMS: Yes, sir o question. It is --you're
approving a master plan. The,.,_Qllltt. ... "f"',....-_~nts that's not funded, that would
be based on availability ,,---e go through the process of
prioritization in the comm ty. So we would look for ways to
finance this, is wh t we;vould tell you, in terms of your approval.
COMMISS ER FIALA: But that's a good question.
CHAI cDANIEL: Okay.
CO NER FIALA: So that was what I was going to ask
_.,..,.c ... ., ...... gs that Terri said this morning that are urgent right
now ~--...,,,_L instance, the electric, the bathrooms that you've just got
t ~ idn't see that really on the lineup of the first phase. I know
w ~e 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
Page 174
June 25, 2019
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 o
bathroom or something. Well, I realize it needed to be part o
but I think we need to take this and get more of the job don ickly
because we don't want to lose it to some other place. I · ard
somebody just say that. We don't want to lose the ab· · o do this to
another place because they're better suited for it, a ..,.,..., .. ._ does pump
a lot of money into our communities. ~
So I would like to say that I approve the s aples
Community Park Master Plan and direct t sta f to begin work
towards Phases 1 and 2 but expand h catch the most
important parts of these things tha --..ni-o be functioning for our
next year's tournament.
MR. WILLIAMS: Yes,.-.--.-.
COMMISSIONER .... .,,.,..-.&:lllll!I_,,• Okay.
CHAIRMAN McD~ L: Can we do that outside --we can do
whatever we want er t}le ounty Attorney. But can we do --can we
do that outside e recommendations that are delineated within this
............... ~ry.
MS: Well, what I'd tell you is that's exactly what
ooking at is getting at those things that are most
~~~-The electricity has been one of the biggest issues; the
the second. So that's what you're going to see happen
rig ay 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?
Page 175
June 25, 2019
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 putti t gether
this thing and you have to move those things in order ilding the
bathrooms; is that right? s
MR. OCHS: Yes. ~
COMMISSIONER FIALA: That was exll,a1ne to me. I wasn't
so smart. I was listening.
CHAIRMAN McDANIEL: T
COMMISSIONER FIALA: ..... _.L .... __._ ow we rent bathrooms but,
of course, we only rent it for the t ments. And we can use more.
Is there anything that we can o rovide some extra bathrooms
where they are without c ----.,.v,L ... ;~... whole bunch of money?
MR. OCHS: Yeah, an certainly look at that.
MR. CASALANC~JI A: The electrical upgrades take the
generators off t at --
CO MM O R FIALA: And by the way, we need those
four lights p shining on the houses of Isles of Collier
Preserves, ~~;~ s just four that really are a problem. We need to get
thos ~~LV'w adjusted, fixed, shielded, whatever you can do,
a , whatever it is, until we fix it right, because those people
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
Page 176
June 25, 2019
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 lookinA..~
everything, all of the constraints, traffic, capacities, parking, ~ 0-
everything along those lines just to make sure that we can £ · · tate
this as the world headquarters. 0
All right. It's been moved --did somebody second? ....,..'--_._'t hear
somebody second. ~ ..
COMMISSIONER TAYLOR: I'll secon ·1 ~,
CHAIRMAN McDANIEL: It's been mo d ana seconded that
we accept staffs recommendations with r rd to the master plan.
COMMISSIONER FIALA: 0 a . ___,..,..,J .,thing I'll just say: It
was magnificent having those van...,_,.L . ._t · ng back and forth that held
all those extra people. That was --oever's idea that was, that was
magnificent. Great. That wo ood. Thank you.
CHAIRMAN McD .. -UIQ.,. Any other discussion?
(No response.)
CHAIRMAN Mc ~
All in favor?
It's been --okay. I'm going to call.
COMM 0 R SOLIS: Aye.
CO I NER FIALA: Aye.
CHA N McDANIEL: Aye.
~~ ......... SSIONER TAYLOR: Aye.
MISSIONER SAUNDERS: Aye.
AIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. OCHS: Thank you, Commissioner.
Page 177
June 25, 2019
Item #1 lE
DIRECTING STAFF ON NEXT STEPS, IF ANY, IN
REGULATING SHORT TERM VACATION RENTALS IN THE
UNINCORPORATED AREA OF COLLIER COUNTY -MO
TO DIRECT STAFF TO DRAFT AN ORDINANCE REGA~.,L-
PROCEDURES FOR SHORT TERM RENTALS:
REGISTRATION, ENFORCEMENT, AND A LOCAL
REPRESENTATIVE (POINT OF CONTACT) AND
AT A MEETING IN THE FALL -APPROVED
MR. OCHS: Mr. Chairman, I believe w~ove now to I IE.
This item was continued from your May board meeting. It's a
recommendation to direct staff on t e ;;~;; s, if any, in regulating
short-term vacation rentals in the """~.._..,.._,~,... orated area of Collier
County.
And_, Mr. Wert, your Di~ f Tourism, will make a brief
presentation. _..o _'(,,J
MR. MILLER: And~r. Chairman, I have 21 registered
speakers for this it m. ~
COMMISS ER FIALA: My goodness.
MR. MI R: just report the numbers, sir.
CHA T--..rn McDANIEL: I understand.
MR. V"i..J ..,..... : Good afternoon, Commissioners, and thank you,
~._.,, .. ....,ger.
.__ ...... ,.,...., our last discussion on this topic, we have accumulated
----....~ dditional information, and I just wanted to go over those
brie y. 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
Page 178
June 25, 2019
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 sta~
level, locally, as well here in Collier County, so enforcement ~
opportunities that the Sheriff's Office and Code Enforceme~mn
offer us. And I think it's a way to really move forward his.
We've talked a lot about it. It is --I know we're look·
solution and, certainly, we've been blocked at the
doing anything to enforce it further than we a.l.1111111!i15!:,_'-'-
So what I'd like to do, if possible, Commi si ners, is if this is of
interest, perhaps I can bring up some of nmc..2 11eagues here from
staff to give you a perspective, and ~e' ~~ith the registration
process. And I believe --see, the ~~ . Jamie French, you're right
behind me. Thank you. Come o ~~ou would, please.
MR. FRENCH: Good a:::~::,"' n, Commissioners. For the
record, Jamie French, Da-.-'v -~,partment head with the Growth
Management Department.
Commissione s, c~ently this program is --I'm sorry. It's
regulated by the te of Florida through the DBPR. Basically what
it does for th ort-rm rental property, it requires the property
owner to r ,,_~ with the Department of Business Professional
Regulation eir individual license. Part of that requirement
1 ey would have to go get a tax ID for that property, and
t nl"'f' .. h urrent regulation.
ere'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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June 25, 2019
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 woul~
identify a point of contact for us and for the Sheriffs Office s ·
just in response.
But as the County Attorney has opined in the past, ~----._:::, tate has
taken a position where it would be very difficult for t al
government to implement any type of land-use re · ns that
prohibited this type of use going forward. ~
MR. WERT: And ifwe could, on the enr~~~ment side, just a
few remarks from Code Enforcement, if could kind of get a
perspective of how this might work e · Hier County to enforce
what we've got. '~
Mike. .\->
MR. OSSORIO: -i-flllll.1M"ni>(on. For the record, Mike
Ossorio, Director of Cod--.ufp..~J.rar,.,,..,.., .. .,.""'ement. Thank you.
This is an easy proce ike Jamie basically laid out; that if you
wanted to register, ou,an go on our website, and you'd be able to
register for a no al fee, and that would give us the opportunity, and
also the Sher· 0 ce, an opportunity to find out a quick response
if there is concern or a noise concern, especially 2, 3 o'clock
in the mo · . That will be posted on our database, and that --the
r .... ,~~_._ce will be able to go ahead and notify the homeowner or
tate agent on going forward about compliance.
s 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.
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June 25, 2019
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 ·
months or less is really off the table, we're going to be enforc ~
the --obviously, if the County Attorney comes back with a~ -w
ordinance to make sure they register, that would be a vi i n under
the codified version of the --you know, any kind of ~11-... ..-nce that's
coming into play, and also with the business tax r If you are a
business and you are regulating under the Flo · u e Department
of Business Professional Regulations for hotel a a motels, there's
huge definitions --and there's a cite fort --we will give you a
notice of violation for not having a ~u · x.
That also is going to have, y o , your name, your phone
number, your address, and also a of some kind of affidavit that
you understand --you underst out the noise and the parking
and, you know, the other -underlying issues as it relates to
short-term rentals.
COMMISSIONE S LIS: Is there going to be any --or have
.... ~ ......... ht to --and maybe I'm remembering something
a resident,
to --that's
e s ago in Pinellas County. But if the owner is not
re will be some kind of designated person locally
,_,..-fit?
t
~....,n..J SORIO: That could be part of it. I mean, it's up with
seen many different types of ordinances having a point of
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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June 25, 2019
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 th~
some carriers will refuse to insure homes that are rented on a ·
basis, but the most important part of this is that when they m~~nt
out, they can't carry a homeowners. They have to carry: e and
homeowners, and that insurance policy requires a loc tact.
COMMISSIONER SOLIS: Okay.
COMMISSIONER TAYLOR: So that's
that they have .
COMMISSIONER SOLIS: Y ~a
people are going to switch from a ... __,,L ... ._
commercial policy, right?
COMMISSIONER TAY . But, again, that could maybe --I
don't know if it's someth" we can enforce. I mean, it's a
question of how we do th1 ut it's another checkpoint in terms of,
okay, you want to ave1 our home as a business, then these are the
rules, and if you' --you're in violation of such.
CHAI cDANIEL: Commissioner Fiala.
CO NER FIALA: Yes. I have a couple questions,
actually. v~~aid home as a business. So do people have to file
with ~~~cly to have a business permit or to have a commercial
hat they can operate in a residential neighborhood?
R. 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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June 25, 2019
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 m~
MR. OSSORIO: A business tax receipt. ~
CHAIRMAN McDANIEL: Because it's the owner, n ~~e
~c, occupant that's --
MR. OSSORIO: That's right.
CHAIRMAN McDANIEL: --going to be re to --
(Simultaneous speakers speaking.) ~
MR. OCHS: It could be the occupant if i,, a ousiness as it
relates to a commercial business.
CHAIRMAN McDANIEL: I n ~ .... 'ti'':"LYr-
MR. OSSORIO: I'm saying· --'-al terms, if you have a
business in Collier and that's inc u e nder vacation rentals under
the Statute 509, you would ne.____,_., siness tax receipt.
COMMISSIONER .... ....,.. .. ~. So in other words if neighbors --
because a lot of neighbors very upset about this. I'm sure you
know that. The on p ~ple that aren't upset are the people that are
making money, they're all for it. Everybody's rooting for it. But,
you know, th oes t take into consideration the neighborhoods
who don't an ·
So if t ee that it's, like, daily rentals or weekly rentals or
.L~ll}llril~ als or something, they can call you --or they could
ee if they have a commercial license to do that.
R. 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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June 25, 2019
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 t ~
Tax Collector's Office and the business office as well. ~
COMMISSIONER FIALA: Okay. Now, the second t . 1s,
there's been a gentleman here who lives in your district .......... ,LLI.LLlly, and
he was saying how he's had this place, and I think it's~ ... ---on the
water, and it's always been peaceful and nice and ~•fliLLJ'ning, and all
of sudden there started to be a turnover of pe,._, .... bL.I c i g, and that's
been difficult for him. I know it's going to be f cu t for anybody
living in what has been a quiet neighborh
And so my question is, I had a ~ke ......, ... Jl ... .-..,ody if they had a
homeowners' association, if the h'U'_._.._._ ers' association can enact
something if they want to sayinK~ ort-term rentals in this area,
and I understand that they ca ~~
MR. OSSORIO: T
CHAIRMAN McD~ L: And that it didn't have to be done
before 2011. It ca be ~ne next week if they want to do that. I
mean, it --and I ~ • .,_ ... 't know what criteria would have to be met.
COMM R SOLIS: Yeah. And condo associations are
osition to enforce any of this stuff, yeah.
IONER FIALA: They really are. So that's an
"-'-~~~_._ng. At least there's an out. I know where I live there are
;a-.-nt homeowners' association. If some don't want to do that,
en 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
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June 25, 2019
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 an~
enact that. ~
MR. OSSORIO: That's well put. 4
Just to give you just a quick --we're going to use e ool in
our toolbox in Code to make sure that any underlyin ~-'U'llnA,tions in
short-term rentals we go forward with a special m · te. That
includes working with Jeff's office or Jamie's 1c And our
flowcharts are ready to go. And we actually k1 d of eefed up our
noise ordinance. We added another full-f noise specialist who
just got trained. So hopefully we'll i e ~~~.-.'. · line, and we'll get --
we get about 10 or 15 noise comp · nd out of those 10, 15 noise
complaints per month, maybe .5 o ... 'Wlo!c_ ... ~yc&,Ybe 1 we'll get vacation rentals
as it relates to just noise in ge.L.L...., .. ..,., ... and we notify the homeowner,
and we'll educate them a--~~w-... .., ....... em into compliance. So that's what
we're going forward with ..,.._.....,y.
But thank you for t e sw port.
COMMISS ER FIALA: Thank you. Hi, Dawn Litchfield.
IELD BROWN: Well, thank you.
: A couple other quick points.
-~~.,,,,.,s tax really, I think, helps the situation with the Tax
as well, because we've been trying to get a handle on how
m f 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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June 25, 2019
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 pul lf~
together after this meeting last week really is going to go a ~ way
in that direction. 0
The --one of the --the other groups that was in'¼-v·.....-in that
discussion is our Naples Area Board of Realtors a course,
you've heard from a lot of them. And, Jeff, d ~ ant to just give a
couple words of how your group feels? ► ,'T
MR. JONES: Thank you, Commiss· ers. Naples Area Board
of Realtors and our 65 members areJJ ltlfflllkt:; be at the table.
CHAIRMAN McDANIEL: me, Jeff.
MR. OCHS: Could you give o r name for the record.
MR. JONES: Sure. Jeff , I'm sorry; president of the
Naples Area Board of R
But we were able to t last week with a group, and we want
to be at the table. We ~nt to facilitate the education of our 6,500
realtors about re sand about how to advise their customers to
make sure th<5l1 ec with the homeowners' association, or whatever
the rules a e . ....._ '-'
And ~.,,.,.-nd ready to help you with identifying the abusers and
the a s d to provide education and any support we can from the
B ,...__-d we appreciate the seat at the table.
MMISSIONER 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.
Page 186
June 25, 2019
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 ~'
agree that the Board of Realtors would moderate or require ~ all
county and state registration be --and I guess in this cas · ould be
business license and what else? What other licensin~ ld be --
MR. WERT: State.
COMMISSIONER TAYLOR: State, ok t' business,
county business, and state be required of any r ti g --any rental that
would on your MLS for under six months d t at you would police
them accordingly? And if they wer~ £Ila'-'-.... ~ iolate, you would
take --they would not be allowed ise on your MLS?
MR. JONES: I think we'd a e --what our goal is is to
provide education. It's really c stomer's responsibility to register
with DBPR and obtain t · ess licenses, but we can certainly
provide them with the in ation at the time of their contract or the
time of their invest· gat~ with the steps they need to go through to
properly rent th · roperty.
As far a~~ t e of enforcement, I'm not sure that's within our
bailiwick ~V-eally, we're a source of information and, really, the
source to h eople contact the source, be it their HOA, be it their
atto ~lifllltllill"'J, ...... ake sure that they're in compliance with the rental rules.
MISSIONER TAYLOR: Have you had conversations
e 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
Page 187
June 25, 2019
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 tot ...... ~~ ...
and see ifwe can't get the same spirit of cooperation that w ~~
offering to our members.
COMMISSIONER TAYLOR: So --but with your ,,,..~AJ ... bership,
you're not willing to do more of an enforcement, mo · · g and then
enforcing our laws here?
MR. JONES: I don't know that that's --1
our role. Our role is to provide information an
ultimate property owner understands that y're --you know, what
the procedures are here in Collier C ~u n't know that we
would be an enforcement arm. Y ________ Code Enforcement and a
number of other people within t e o emment that would do that.
Does that answer your questio . ean, we really aren't enforcers.
We're --
COMMISSIONER I don't mean you would --
MR. JONES: --itlio rmation sources.
COMMISS ER TAYLOR: I don't mean for that, but your
own --you we're trying to develop rules to maintain,
hopefully, y values countywide in areas where these
short-term •~-stake place. And if --and I think you're supportive
of th...,,~~ Board of Realtors. So the enforcement isn't to go and
he door if there's a loud noise, but if there is a member that
co ... _.__.,.,.,,.,ently 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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June 25, 2019
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 pe~~
honestly and fairly. '0-
COMMISSIONER TAYLOR: All right. I mean, this . we're
discussing this now. It's going to go forward, I think, s~N r aps you
could talk over with, you know, your board and see ~1w ou would
be willing to --police is the wrong word, but it's t word I can
come up to --self-police in a sense and help ~ is so that it's
more than just information. r1 ► ~
It's --these are our standards in Coll ~g_ounty. If you --you
know, you need to abide by them. 1 h ~nd I don't think it's too
egregious asking for a business re n and also on the state
level, and that would be --those u
MR. JONES: Well, to t ~-,r -nt that that's between the ultimate
property owner and the s the county, we can encourage
people to observe those ru: That's certainly something as part of
our education and art ~ our process in dealing with our customers.
Beyond that, I'd y e to discuss that a little further with you and try
to understan ter hat you're asking.
CHA McDANIEL: And I would concur with that
thought r , Jeff. I mean, the enforcement, we need to kind of
keep ~llllililliW"""r in Code Enforcement and with our folks at this
p stage.
e 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.
Page 189
June 25, 2019
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 dot ....... ....,,,_
MR. JONES: That's above my pay grade. But we' e ainly
work with you on those kinds of issues. ~~
COMMISSIONER FIALA: I mean, I don't ,~hy we're
talking about it so definitely. We haven't vot n · or anything.
COMMISSIONER TAYLOR: Well--
MR. JONES: You're welcome. Th you all.
MR. WERT: So, Commission,rs e have is a framework
here. We have a way to register t a this could be an online
program that we can --Jamie's s n certainly help put that
together so we can register th ks. The State already has that
process in place, so we --• ...,,._.ion is really what we need to do to
pull all this together, I thi And I think we've got certainly the
people to work togethe ~it Code Enforcement, Sheriffs Office, the
Tax Collector's ce. I think it's all --the pieces are all here.
We hav n couple of pieces of legislation that perhaps we
ith f Klatzkow's office to see if we can pull together an
could pull all this registration and enforcement all
~lililalll"" ....... at we could move forward.
ld just caution you it's going to take a little time to
this stuff and get going, but the tools are all there ready to
go. o 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.
Page 190
June 25, 2019
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 wil
names. I'd like you to utilize both podiums, please. 0
Your first speaker is Valerie Donahue. She will be £~·-d by
Laura Morlock. <.:'\ ..
MS. DONAHUE: Hi. I'm Valerie Dona e~~ glad to see
that we can do short-term rentals. I've been do· it three years now.
CHAIRMAN McDANIEL: Stay on microphone , please.
MS. DONAHUE: Okay. You. a new generation that's
coming to Naples. I have had the -~~---eneur of the Year from
Australia. I have young families c~:;":-::g. They're in bed by 8:30,
9:00 o'clock. They're very res ---,,.·~1, and they're very respectful for
the neighborhood and no·
I just hope that you 't make this too hard on us. I mean, I
was able to step out of y career, retire early, and now I can use that
,-. ...... ~ ... y living. And so I appreciate that.
people trying to make money and noisy people.
house. I have lovely neighbors. I have --that
d they do rental, too. And now I've met people from
~iillillllll""" orld, and they've asked me to come and visit them, too.
ey bring millions of dollars in. I'm able to support Collier
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.
Page 191
June 25, 2019
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 purvose
of renting, and it wasn't to make a lot of money or to take advant e
but to improve the community that we live in by bringing to~
where we live.
And so I just would plead on behalf of the homeo~ ~for us to
decide. We are registered with the Florida Departme....--L, ..... Revenue.
We're registered with Collier County. We follow ...,..,,_.,_...., rules and do
all of the things that we're supposed to do. ~
And from --I've been here since 9 o'cloc s morning, and I
feel like it's --like you guys just want to t w hings at us to make
us jump hurdles in order to just surv · v -~·--d to improve our
community.
So I appreciate you listenin ~
MR. MILLER: Your ne kers --I believe I heard someone
say Muffy Gill is not pre t Michelle Gorga.
MS. GORGA: I'm g ~ to pass.
MR. MILLE : D. I ear "pass"?
MS. GOR
MR.MI
MS. IT
awn Leitchfield Brown.
IELD BROWN: I'm not going to pass.
MR. -.r ........ ~-r-,R: She will be followed by Michael McCarthy. I
~-. .... w.£~p!d"'-ur1ing this first name right.
LITCHFIELD BROWN: Greetings, friends, most of you .
.... -. .. ,..,.,11 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
Page 192
June 25, 2019
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 ~
you're also --we get to rate the people who come. So if yo•...--idl.•ace is
a dump, nobody's going to come, first of all. So I think t very,
very important to know. You have to keep your plac In fact,
because of 2008, I sold one of my four houses on eet. And
then in, I don't know, a few years later for dif
to sell another one.
So I have two little houses right nex
boathouse, and I rent it out, Vacatio
less than seven days, but that's my -... .... .-.
each other. One is a
Owner. Never been
Immaculate. Wonderful
people. I now have money to su e lawn man, to support the
housekeeper, to support every;
And the Vacation .... ~, ...... .,...,~,,, Owner and Home A way sends my
tax dollars directly to you. ow, you don't know that. Because they
have a nondisclosu e, t~y can't tell you where the tax dollars are
coming from, so ssibly that connection needs to be made.
I have n ob with registering, but to have me set up a
separate t I mber and go through all that process on my tax
ar and filings with the State, I think that's a bit much.
~ .... ,,...._._ ... ow you're talking about businesses doing this overnight
a t of people in here who have maybe a second home here
o, 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
Page 193
June 25, 2019
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 goo
do think you should be able to have a registration where yo
someone. I think that's perfectly reasonable. 0
But I went through and read everything that you' t out. I
read the PowerPoint. I see there's no negative im
the county. I see there's no --oops, that's my ·
CHAIRMAN McDANIEL: Thank you.
MS. LITCHFIELD BROWN: That'
MR. MILLER: Your next spe 'lk
MS. LITCHFIELD BROWN. when to stop.
MR. MILLER: --Michael ~----'-:_rthy. He will be followed by
Andrea Garcia.
MR. McCARTHY:
McCarthy. Thank you fo aring me.
I am an owne als I pay my taxes. I am registered. I have a
specific ID. An think that --people that don't do it that way,
they're idiots au they open themselves up to a lot of holes that
they shoul n't n themselves up to just to save a couple dollars.
Anywa e in. I bought a house in Naples Park. I bought a
hous....,,Jil!lrda., as a little run down.
COURT REPORTER: Can you slow down just a little bit.
R. 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.
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June 25, 2019
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 mentione
about beds and the heads. During season, from what I unders .. ...., ...............
there's 10,000 taxpaying VRBOs short-term rentals. Figur....--.-. ..... -
of those is probably at least a two-bedroom house. Tha '
rooms you would never be able to accommodate duri
cut it out. That's business that's not going to come Hier County.
It's going to go somewhere else. It's going to to ee. It's going to
go to --they're going to spend their money so ere else if they
can't get it here.
And the hotels have --they've i O nsibility to their tax --
or to their shareholders, so they're -,...,._.. o raise their rates if they
have the opportunity to do it. A d · t Just going to make it more
expensive to come down here e people are going to come down
here. They're going to g ~__,:-,'/1 ' ... "":'-ere else.
They'll go to Punta They'll go up to Sarasota. They'll go
up to another area. ~
COMMISS ER FIALA: Can you keep that up, Terri? You
have to talk a 1t e slower.
MR. THY: I'm trying to get my points in. I apologize.
Something to consider, too, is you're talking about property
valu · I said, I came in, I put a lot of money in my place, and I
k lace up.
'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
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June 25, 2019
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 yo
2,500 of people that have to sell, and now you put 25 --not nits
or 2,500 units on the market, 2,500 extra units that you'r. o ng to
throw on the market, and those are people that they h -·~ sell.
You're going to --areas like Naples Park, you're j l,.,p:::rl~,l!l.l.
the property values. ~
Thank you very much. 1 ► , /
MR. MILLER: Your next speaker i ~~drea Garcia. She will
be followed by Caroline Rusher. • A, t()
CHAIRMAN McDANIEL: , ~baby.
MS. GARCIA: Hi. I'm An a arcia. I have my little
daughter Lilly. Thanks for p "'.liW'. .. ~ p with us today.
I really don't have a-----~-.... a and, to be honest, I'm not super
informed of everything th ' going on.
I am a homeowne~ere. I bought a distressed property that had
been on the mar six months. Nobody was interested. My husband
and I moved o · ami because we wanted to start a family in your
ity.
five weeks early, and I have unpaid maternity leave,
~~ out a room in our house to cover some of my lost
1 r>dP'vl-... d it's been great. I mean, I used to travel for work, and I
wo 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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June 25, 2019
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 ag ~ ~
roommate. So I guess if you're going to regulate short-te~tals --
and maybe I should be more informed of the terminolo ~ we
then regulating roommates too? Because we never h _ ...... _,ontract.
Her and I just met each other on Craig's List, and ,..,..-......... ~ .. ...,d in with
her, and we've been friends four or five years.
properties and rent out rooms.
Are we also going to be regulating p le who are roommates?
I mean, that's basically what vacatiop -like, my version of our
vacation rental. ~
So that's just what I wanted t o · g to your attention; that it's
not just someone coming in · a big old profit. It's actually just
a mom trying to take car aby and opening up my doors to
people. I'm not opening i to crazy, weird strangers. They have to
be verified. They ave have profiles.
I pay my ta . Just like they said, it's automatically taken out
off the top fo to rist tax. And I don't know. I love doing it, so
I'm glad t ._,.._. at we'll be able to continue. And I would like as
least amou regulation as possible, because I don't know where
that ~..r-'ally end then, you know. I feel like it's an
e urial position for capitalism here, right?
lso 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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June 25, 2019
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 m~
home, allow people to come in and be able to fix up my prop .
My neighbors definitely don't complain. They're all really ~~~y.
Our parking is accommodated in our driveway. 0
And, yeah, I don't know --I don't know what th nsides are.
I see nothing but great things from it. So hopefull,-~ .. ~--'"'--...., uys can too.
Thanks for hearing me. I appreciate it. Sorry a o quickly.
MR. MILLER: Your next speaker is Car usher. She will
be followed by Brad Estes.
MS. RUSHER: Hi. I'm Carol ip e..,. .... ..,.c-1 _.L ~
So I --in Hurricane Irma, I h ere to live because I was
on a sewage thing that was electr · I pumped, so for two weeks I
had to live in my car, and it w~ bnb that I actually finally got to
do. ~
So I had --we staye a place for a couple days on Airbnb to
get out of our cars, and)hat s when I started Airbnb'ing, because I
realized it was nly me that was being affected by this. I had
FEMA peopl s y ere. I had tree cutters stay there. I had linemen
stay there. I h mazing people that were here to help this
the opposite.
-~~., ty of somebody actually causing problems on Airbnb is
s cause of the reviews. They'll never be able to stay
here 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.
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June 25, 2019
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~~ g
to suffer. It's the little people that are just making a little bit e '1&
renting out, you know, a room or a shed or whatever. Likk t's
what it is, in reality. ,l \..)
So I mean, the things that you have talked about iij~hole time
is to protect people and to protect people at the bo :..:.T' .. ~-Jn. ho, you
know, maybe have a fixed income. Those ar e ~-..,.,. e that are
going to be affected. It's not the corporations. t' not the people that
do this for a living. It's the people that do or an extra income,
the fixed income person who's rentip g .___ ... _ know --they have an
in-law suite. They're the ones tha ·ng to be affected. So that's
my two cents.
MR. MILLER: Your ne~ker is Brad Estes. He will be
followed by Jaima Emm ~ ~
MR. ESTES: Good moon. Brad Estes for the Poinciana
Civic Association. ~
I'm a bit in ock. I left here last time with a County Attorney
saying there a --e six-month minimum was law, and I haven't
heard anyt ing · f erent since then.
And I ell you we deal with rentals. We have 102 in
lage, 26 percent, and they're a constant issue. Some are
any are. They rack up about three times the number of
elating 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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June 25, 2019
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 pr
their lifestyles. This is a quality-of-life issue; this is a quality
issue.
You know, the stranger next door, the community
strangers. The Florida League of Cities called it abo .,.,.. ........ ,..,
door in their paper objecting to what the State was ting to do.
So I'm --you know, I'm at a loss for wor know what
the future of our community is going to be.
community --we're a family neighborhoo , an people want to go to
bed, have peace and quiet. They do p 't ople coming in all
hours of the night. They don't wa ..,_.,..,, .. ,_,ers who don't know how to
do about the trash rules. They d nt strangers who don't know
about the noise, the parties. ._. ....... ,"" a beach --we have them now.
We have them now, and real problem.
We had a pool party, ink I told you last time, and they were
jumping off the ro f of house into the pool. Now, how are you
going to regulat at? Are you going to have a second --I think you
need a secon s ift Code Enforcement. These violations occur at
night, in t a ... .,...~'""oons and nights.
So I t · eally --and the last thing I would say is I'd like to
flli)iilli-.,.r J_._anning has to say about this, Mike Bosi and his staff.
future of our traditional neighborhoods? I mean, you've
go ed 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
Page 200
June 25, 2019
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
And I started doing it to try to supplement my income becaus ~ ~
like --really like where I live. ~
And it's very --and I've never had a problem. We Q very
nice people who come. They're usually --we don't h ~""-~ I've never
heard of anyone having any loud pool parties or at;~~~~~ like that
where I live, and they're all very nice people
very clean. And I pay all my taxes.
And, you know, the purpose --whe y_ husband was alive, we
actually wanted to live in Parkshore.b""..., .. -.., ere was no HOA,
because we lived in the area bef or -.---...... -.. ere was just so many
negative things about it. We wa t live in an area that we could
do whatever we wanted to ou , make it beautiful, which I have
worked on improving it. ,._ __ .... _e people who come really love it, and
it's very quiet, and that's they want to come back to Naples.
And it's reall):: intejestlng about the pickleball, because I've been
hearing a lot ab that. And I've --since I changed my rental, I got a
notice, and I _ ............. ge it. I always did seven days plus, because most
people co e to orida in the summer. They want to come for a
week or tw eks on vacation. People don't come for a month.
You ,._~~~ e're losing people to other areas of Florida, which, you
~ want them to come and pay the --you know, we need to
pa~ 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
Page 201
June 25, 2019
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. will
be followed by Susan Auren. 0
MS. MACE: Hi. My name is Michelle Mace. ,....,.,.,H.,..,. .. you.
MR. MILLER: Sorry.
MS. MACE: That's okay. I shortened it m s I could.
CHAIRMAN McDANIEL: Michelle Ma e.
MS. MACE: So I was lamenting on
about --I travel a lot. I am a devel qp e
massage therapist, and I train outs·
a o one of my children
inuing ed for a
tate as well as inside the
state. And I was lamenting how c 1t was costing me to stay in a
hotel that I'm not even in. An e to be in a hotel that's in a safe
area, and I was paying, 1 · And he says, Mom, why don't you
just do Airbnb? And I'm , what is that? So I --
CHAIRMAN Mc~ IEL: There's an app for it.
MS. MAC . Yeah. I found my --I did my first one in Texas
for $3 5 a nig . n I'm, like, oh, my gosh. I could not get a hotel
that I wou ne a machine gun and a bug bevy to stay in for that. I
thought it -nrn---reat. So I've been using it for years.
~illlllllllli,_,n my parents moved in with me, and my dad passed
t three weeks after they moved in. And my mom, you
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
Page 202
June 25, 2019
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 eit
one of them. But when you're in your own home, I'm thinkin ,
don't want people regulating what I do in my house. We're he
property. Nobody does anything wrong because we're r· t here
taking care of everything. So there's no issue with th nd it's been
going really, really well, and I hate to see that tak,..,._,,._ from her.
It makes me think there's --you know,
Second Amendment, and there's a Third Amen
people don't know what that is. And I thi about it often, because
it's like it was so important that the Y. ...... --·~ e Third Amendment,
and it was not to have to quarter s · n your home. Basically so
the government can't come in a~~ over your home and tell you
what to do inside of it. ~~
And I'm starting to reach inside my home around my
throat. And you're going tart telling me which side of the bed to
sleep on, okay. I belie~ in, you know, good rules. But you can
overdo it. So th you.
CHAI cDANIEL: Yes, ma'am.
MR. IL R: Your next speaker is Susan Auren.
UNID PIED SPEAKER: Left, had to leave.
~...., ........ .L.JLER: Rob Thomas. Is Rob Thomas present?
esponse.)
R. MILLER: All right. John Pineros?
CHAIRMAN McDANIEL: Not here either.
MR. MILLER: Alexsandra Y onka?
(No response.)
CHAIRMAN McDANIEL: Nope.
Page 203
June 25, 2019
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 representatio
you guys are aware of the detrimental financial effects to s
that have had heavy regulation done by the town on the
Airbnb . And you can Google it, check it out, but a la
really been hurt. You know, gift shops, real estate~---
shops, and restaurants have been decimated i~..._mr-:
of what you guys are looking to possibly do:
regulate things.
So that's gone on. If you think.I' know, talk to any
real tor. I've talked to a bunch of t ~r.-.. r the last couple of months,
and they are crying the blues abou t · , and it's not --you know, the
gentleman that was here to re --.-:--t it, he's got to play politics, but I
just think it's dangerous -........... ~erous thing that you guys are trying
to, you know, pull things ards.
And most oft e ¥bn and VRBO, they regulate their people.
If you're a good ter, you get good ratings. If you're not, you don't.
And it works ys. So they regulate it very well.
at we've had has been excellent. People from
a, world-class people and, you know, a lot of the
s.~__.....,. around the world that come here to spend their money .
._ ...... Jf!A-.......... a lot of the local businesspeople will feel a lot of pain if
' 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.
Page 204
June 25, 2019
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 ~)\ ir.
Ms. Campbell? ~~
MS. CAMPBELL: Well, thank you all for gi ,~e the time to
talk. ~
A lot of what they had said I'm going to r ~er~te, but it's --I
think it's important for you to know that i ' ot just this person who
said this, this person who said this. o~ ...... t ......... f us have a common
situation here.
And, you know, one of the ruce and I noticed --and
even just walking down Fifth e for exercise, you see there's
people who are here --t ~n~~ho are spending the money in these
touristy areas are internatl 1 people, people who are here visiting
more so than the residepts, 'd say.
And, you .... ~..._,.,.,.., , a lot of them want to stay a week or two. And,
you know, a.i,m: ... , ... th 0-day thing just seems like it's really going to
hurt a nu hings. People will go to other areas to spend their
otentially. So it could have tough effects on the local
ollier County, which we know .
actually told by a realtor that I was talking with on the
ro e other night, and she had said to me, you know, maybe you
wan 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
Page 205
June 25, 2019
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, t's
a short-term stay. Where are all those people going to go? ~
So, you know, it's just --our neighbors know who --t ~~1 e
have rentals. They're okay with it. They've befriended .~~ of our
people who have stayed with us to the point where th ve
continuing relationships with people. So there's t · e of it, too.
It's --you know, rather than just having a t estnctlon,
we're doing this as --you know, to show other e ple what we have
here, and we'd love to share it. And we g· really good service. We
take care of people to the point whe,e d multiple people
who've stayed with us for a week o at decided, wow, we love
it here. You treated us so well. ople are nice. We love the
place. We want to buy in Col· unty.
So that's just somet · liink about. Not something that I'm ,
you know, asking your op · n on, but I just want you to know that,
you know, this is t e ot)er side of things. It's not all about our
pockets, okay. ~~~~etimes it's just about servicing others and helping
them to have ime. So we haven't had partiers either, by the
way. Tha fu
MR. SQUEZ: I'm Vincent Velasquez, and I am a
ere, and I do the same thing these folks do twice a
o of the year.
t let me tell you this: I'm a neighbor to a person that rents to
wee ly 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.
Page 206
June 25, 2019
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 hav~
monthly rentals. If you want to have a seven-day, you know,
pass, I get that. And, you know, name your association ( si rVlllllll.t:'lP
vacation rental policy. But it can't be an association wh
know, my wife stays there, the neighbor lady with tw..,,._ _ _._._..,
husband's gone, the elderly people next door, and n----.,..,.,._ .......... ow, some
guy or some lady pulls up for seven days. Go s who they are.
I don't know --we've spoke to the owner a unit. Collier
County was up here, their code enf orcem e called them up on
it. I might as well have just talked t~ t · d right here because,
you know what, there is no suppo ~
We had to work our butts o f en get them to acknowledge
that this lady was renting ille~ ... -· our facility. Our association
don't have the funds and urces to go hire a lawyer and get
somebody from Canada -~,.....,..~ here to correct the situation whether
they're in state or out st~e. We don't have that kind of money.
Collier Co can't enforce all this. They don't have the teeth
ing em to court. These folks do the best they can.
· s a realtor association, hold everybody in Collier
ble.
uty as homeowners. You want to tax me for renting?
11 out of me, because that's how we're going to follow the
ru hese 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
Page 207
June 25, 2019
else, but, you know, Naples is going to be after I leave.
you for your time.
MR. MILLER: Your next speaker is Doriel Hess.
followed by Renee Haag.
CHAIRMAN McDANIEL: Is Rene here?
(No response.)
CHAIRMAN McDANIEL: Is Rene here?
MR. HAAG: Yes.
And thank
She will be
CHAIRMAN McDANIEL: Come on up to the , lease.
MS. HESS: Hi. I'm Doriel Hess, and I've be ,.,-... ..,,.,.. ... ~e before
speaking to you about the short-term rentals. v v rything that
last fell ow said.
You know, people that are standing here saying they are
renting out their investment homes to · re people in, that's
why there are hotels. We don't ha e single-family homes for
short-term rentals. We really do ' ·ust think it's a terrible thing.
What I think is a good th· 1 the way you're investigating
things that we can do. Y a,p-........ v~-, we pride ourselves on being
Naples and being special, we kind of look down on Miami.
Well, the City of ia an Miami-Dade are stepping up to try to
stop or put som · d of limits on the short-term rentals.
Now, I can't do anything; we can't change from the six
months to nth. I wish we could, but at least registering the
ow who is in the house is an important thing.
~....,,.,,_,u,W, I don't have the protection of the HOA because our
ident rents for limited periods of time. So that's not going
... _..,1--'en. 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.
Page 208
June 25, 2019
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 fro ~
scratch with all our savings we brought here, and I think we s --
it's a great business. It's a solid business. It's something th·~---· eally
appreciated. Short-term rentals are happening all over t G r1d, and
also they should happen in Naples.
Specifically, when I think of European touris ...:r_,..,_.__,
travel individually. They --many, many Eur arr avelers prefer
vacation rentals over hotels. A little bit differe t an maybe
Americans do. (',_
And we should not forget that ~i~~on rental business, if it
wants to be successful, you have t ffireat reviews. This means it
has to be --the place has to be in e shape, better than the other --
the other properties around yo . d this can be an upgrade for the
community as such.
And let's not forget t we've referred so much business into the
local community, 1 ·ke b at rentals, like bicycle rentals, the local
restaurants and .....,.......... Those are all important factors that we should
not forgot , a es uld not demonize the business.
Maybe th e a ome outliers. There are always outliers in hotels.
You will fi em, and --but it's a solid business. Thank you.
AN McDANIEL: Thank you, Rene.
MILLER: That was your final registered speaker for that
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?
Page 209
June 25, 2019
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.
have to develop some kind of enforcement layers --
MR. WERT: Penalties and so forth.
MR. KLATZKOW: Well, enforcement is your 'IV-.&.-You're
going to have the same code on these as you have t everybody
else. Do you want a local representative fort
COMMISSIONER TAYLOR: Local--£
rental? (',_
MR. KLATZKOW: Uh-huh. • A, t(}
COMMISSIONER TAYLO &oiutely.
vacation
CHAIRMAN McDANIEL: o e need to actually do an
ordinance on this, or can we j e direction to staff today and
have them go forward a
MR. KLATZKOW: ou want people to have a local
representative, you nee an ordinance.
COMMISS ER TAYLOR: They need a local representative.
CHAI cDANIEL: Can we just make that a criterion on
the applic ~.'2"i cess for registration?
MR. ZKOW: You've got no --no ability to enforce that.
""-:~vi.i..SSIONER FIALA: So let me ask what you mean by
you mean that you have a person to call in case there's a
pr , 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.
Page 210
June 25, 2019
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 registratio~
process having a local county representative for that. I under t I
just was trying to get to the semantics of the actual --whetnei~
actually had to have an ordinance or whether we could · ve
direction to staff. ~,
MR. KLATZKOW: If that's what you want, · ,~ne-page
ordinance. ~
CHAIRMAN McDANIEL: Okay. \ ,
COMMISSIONER TAYLOR: Any ~-~--~ else, Mr. Wert, that
we've omitted in this process? JX_,
CHAIRMAN McDANIEL: • ~¥!ion.
MR. WERT: Registration~o ement, and penalties as part of
that enforcement. ~:
COMMISSIONER _._.,._ .. ~. Can you --is there some way to
prevent them from using 1 a halfway house? That's what's
happening next do r to y girlfriend. And they're renting it to these
girls who are at lfway house. I don't know if you can do that or
not.
IONER TAYLOR: That's a code issue.
AN McDANIEL: No.
MISSIONER SOLIS: You know, I think this is something
we e 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 staffs made a recommendation that we direct
them to go forward and bring back whatever they need to bring back
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June 25, 2019
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 --. at --
are we all --,t 0
COMMISSIONER FIALA: Yeah. ~~~
CHAIRMAN McDANIEL: Let's do the mot· .
COMMISSIONER SAUNDERS: Yeah. et es ate the
motion so that we all know what we're talking
knows what we're talking about.
I will say that the reason this t in a got started was because
there were a certain small number I'll describe as bad actors
that were renting their homes on a a y basis, they didn't care who
they rented to, and the people t ere in those homes didn't care
how much noise they m~ ... .,,.. 1t was making life in some
neighborhoods very, very · ficult.
And the goal ·niti~y was, let's try to make sure that Code
Enforcement is there enforcing our codes to make sure that those
types of rent re mp lying with our codes.
And I · k this would be a good step to require registration,
eed to restate the ordinance so that --or the motion so
~w,.u.d what we're voting on.
MISSIONER TAYLOR: Okay. Let me restate it. I'd like
t 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.
Page 212
June 25, 2019
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 adve · right
0 now.
CHAIRMAN McDANIEL: Our staffs already g forward
with these activities. ~ ..
COMMISSIONER TAYLOR: Thatwo ~~n.
CHAIRMAN McDANIEL: I mean, my c n ersation with Code
Enforcement and the like is I think it wou be 1ne for us to
formalize that when we come back Y1 ~""IH-':'-1~
COMMISSIONER SAUND ould agree. I think trying
to do something on July 9th wou
CHAIRMAN McDANI
COMMISSIONER
CHAIRMAN McD~
·ust rushing it too much.
you're going to second?
RS: I'll second that.
It's been moved and seconded that
we develop the ordina~ tliat will enhance the registration, have a
contact person 1 ly, and review the penalties for the violations.
COMM O R SOLIS: Could I just say one --I don't want
...... -vue but, you know, I heard something today that
really mad-.,.. ...... .., think. You know, we have people that are renting out
their hile they're there.
IRMAN McDANIEL: Oh, yeah.
MMISSIONER 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
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June 25, 2019
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 motio~~
COMMISSIONER TAYLOR: And, you know, just --1
give you the other side of the coin. I was sitting at an ENC
luncheon, and some folks tapped me on the shoulder an 1 to me,
you know, it's just --I'm really --we're really upset b ewe live
in Winding Cypress, and they --we don't have en~._ ... ..,.M-'eople, so the
developer's, you know, controlling the coven o e property, and
they just changed the rentals from no less than r e months to
weekly and daily.
And I said, really? Send me th; i
those --they're for sale. The cove
coincidences in this life, I don't be · e .
--"'·~-ion. So sure enough
ere changed. So there's no
So I open up the paper o -.... ---::~, ... ,...,..ing, and there's Winding
Cypress. And Winding --'"' 1s advertising that they have finally
sold their --to their 500th ~er. And what does the buyer say when
he walks into this resid~tial community? It's just like a resort.
So now we :ve developers like Pulte who own --who's
developing n in ypress who can't sell their properties to people
like you a d m live in, so now they're marketing them. And
suddenl mmunity is turning into an investment community,
~111116-,-t'J. ial community with family values. And that's why this
erious thing.
AIRMAN 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?
Page 214
June 25, 2019
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. ,t 0
COMMISSIONER FIALA: Aye. ~~
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposef"',~me sign, same sound.
(No response.) • ~
CHAIRMAN McDANIEL: a ed.
Item #1 lC e;~
RATIFYING AN AG ENT FOR SALE AND PURCHASE,
AMENDMENT TO A(j,RE MENT, AND APPROVE A SECOND
AMENDMENT A G REEMENT AND POST CLOSING
AGREEMEN ROBERT VOCISANO AND MARIO
VOCISANO THE PURCHASE OF THE GOLDEN GATE
GOLF CO ___... LOCATED AT 4100 GOLDEN GATE BLVD,
NOT _,__ EED $29,115,120 AND APPROVE ANY
N ~.,.:, Y BUDGET AMENDMENTS -MOTION TO MOVE
ARD WITH PURCHASE, CLEAR UP ACCESS
EA MENT AND 0MB TO DISCUSS FUNDING AT NEXT
MEETING -APPROVED; MOTION TO CLOSE ON PROPERTY
AND MAINTAIN AS OPEN SP ACE -APPROVED
Page 215
June 25, 2019
MR. OCHS: Mr. Chairman, I'd like to take Item 11 C at this
point, if we may.
CHAIRMAN McDANIEL: Of course.
MR. OCHS: Yes, sir.
Ladies and gentlemen, if you could leave quietly, please, so e
could continue business. Thank you. ,, "\ ~
Commissioners, 11 C is a recommendation to ratify an ~
agreement for sale and purchase, amendment to agreem r--___ ____;;,r nd
approve a second amendment to the agreement and P.
agreements with Robert V ocisano and Mario Voci
purchase of Golden Gate Golf Course, and ap
amendments.
Mr. Casalanguida will present. (', _
CHAIRMAN McDANIEL: B ~fo ~o, Commissioner
Saunders wants --~
COMMISSIONER SAUND . Let me --we have two
separate issues here. One is t ion to move forward with the
acquisition, which woul ----..'LC'1 a supermajority vote, because the
average price --the price e property is slightly higher than the
average price of th ap _g,aisals.
And then o we make the decision to move forward with the
acquisition, t the ext item under this agenda item is whether or
not to con ·nue erating the facility as a golf course.
at I'd like to do is get to the second item quickly by
~....,~ti on to move forward with the acquisition. Staff has
· credible job of negotiating the deal. I think everyone
ag·-........ .,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.
Page 216
June 25, 2019
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 r
this item. ~
CHAIRMAN McDANIEL: Okay. 4
MR. MILLER: Do you want to hear that now befo t t vote?
CHAIRMAN McDANIEL: Of course. For this . or for
the --well, yes, I do want to hear the public speak~~
MR. MILLER: David Marren. ~ ~
COMMISSIONER SOLIS: He might wa~ to speak to the
second part, or no.
CHAIRMAN McDANIEL: W.e'l speak twice ifhe
doesn't get his --~
MR. MARREN: Good, tha . My name is Dave Marren.
I'm the President of Fairways 1 Homeowners' Association.
On the first subject,. uisition of the golf course, I'm very
pleased, and our families homeowners are very pleased of that
motion to move fo ar with that purchase.
And I kno u've all done a lot of work in investigating and
looking at th E pe ies, and I think it's an asset to the community.
The s con art of the proposal is what to do with the land
afterwards. I know everybody's got something in their agenda
that ~~ 's my pet project. Don't forgot it was built as a golf
on't forgot that golf course is an asset to the community.
orgot 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
Page 217
June 25, 2019
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
the future and revitalizing that whole area. I think the golf
will fit in with the plans you folks have. I think that it's r----~
the sports complex that's going up. And we certainly
located in the center of the golf course appreciate
guys have put into it. So thank you very muc
CHAIRMAN McDANIEL: Okay.
MR. MILLER: That was your only
meowners
rk that you
CHAIRMAN McDANIEL: O~a ...._,._~~~uince we bifurcated the
motion --~-. .
MR. CASALANGUIDA: M · airman, 1fI could Just get
clarification on a couple item._~.__t, motion, which I understand
there's one post-closing nt that's got the access easement.
We'll include that in the · on; approve that as well, too.
Your 0MB D'rect~ is going to come back on July 9th with your
special tax bond;::-~~ing forward to fund this, and then with the
purchase, we' eg1 the zoning and public outreach.
County M ag nd County Attorney will also need a little bit of
leeway to c up the access easement prior to closing. And if you
put t · your motion, I think you cover us for closing.
MISSIONER SAUNDERS: Mr. Chairman, I'd like to v_,_ 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
Page 218
said. Any other discussion?
(No response.)
June 25, 2019
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye. ~
CHAIRMAN McDANIEL: Aye. -v
COMMISSIONER TAYLOR: Aye. 4
COMMISSIONER SAUNDERS: Aye. 0
CHAIRMAN McDANIEL: Opposed same sig_L _...........ILl,_L~e sound.
(No response.) s
CHAIRMAN McDANIEL: So moved. ~
MR. CASALANGUIDA: To the second ~n o that item that's
there, there are two items in the post-clos · agreement that relate to
ongoing operations, and it's options /o ard. One item is to be
able to lease property within the g se if you wanted to run the
facility yourself, and the second it ~::~~ilows you the ability to have
the same firm that currently t golf course continue to run it.
The cost is about $3 , ..... ~ ... __,, us every quarter you'd reconcile
any under or overage, get dit or debits and reconcile with the
owner. ~
That's te · ble on a 30 days' notice up to two years. So that is
an option for Bo d to consider if they want to continue that
operation iod of time. And they're not required to, but it is
an option u to consider.
AN McDANIEL: Commissioner Fiala.
MISSIONER FIALA: Yeah, just a question. If we don't --
on't retain them at $30,000 a month, would First T operate --
or tlie 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
Page 219
June 25, 2019
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 acquis1 . n,
we get all the assets, the mowers, the golf carts, the soup t~1'Z)i
everything except for the --except for the hotel --or the cl use
area specifically? 0
MR. CASALANGUIDA: Correct. End ofthis . .,,....,.,i ...,.,ii they have
to provide a list of assets through our office to rea..,--.;:-.. '~~rty, and we'll
review that. That will be part of the closing. ~
CHAIRMAN McDANIEL: And I have ~CV ~ out loud I'm not
comfortable --where are you going? Wa okay?
I'm not comfortable with the le~s enario with the 30,000
a month and a true-up every quart ·1 ut any say-so in the
revenue and expenses. That bot e e. I see that being a can of
worms that we could get into t f trouble.
I find it interesting seller's willing for us to pay him
$30,000 a month to run it true it up, but then he wants to rent it
back from us for a doll ~.
COMMISS ER FIALA: Now, what was that --Bobby Jones
also gave us ff e , didn't they?
MR. A ANGUIDA: No. There's no other offer to run it.
ome conversations with them for us to solicit a firm
~__, ....... d we could bring it back to the Board if that's the
rection.
AIRMAN 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
Page 220
June 25, 2019
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 ~}e
operations of the facility, or do we need to make it accessib ~-v-.r the
community to use it as a park and a recreation area untilfs, c time as
we plan the area? ~~
CHAIRMAN McDANIEL: You have to --a . it of
knowledge of golf courses that I know, you'v -~ eep it as a golf
course, because once you start it into a park, tH c st to bring it back
1s enormous.
COMMISSIONER FIALA: A d -f,, . .,.,L,. ... se it regularly, right?
MR. CASALANGUIDA: W ' e luated that --
COMMISSIONER SOLIS: I H the --my light's on.
You know, I think the de._..~ .. ~-~ right here is post-closing do we
want to pay $30,000 a m .,._....,.-~,,.... _ __._ __ .__.aintain it as a golf course? And
I've said from the beginni hat's a way to lose a lot of money, and
I'd be against that. ~
I think if t ther alternative is to close on the property and just
do some min· m ·ntenance, mowing, you know, keep it looking
nice for th nts that live around there until we determine what
we're goin o, whether --whatever we're going to do with it in the
futur ----IRMAN McDANIEL: Maybe go out for bid with another
...,_.,J .. '"'r.
COMMISSIONER FIALA: That's --
COMMISSIONER SOLIS: For a golf course?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SOLIS: I'd be against that. Golf courses
Page 221
June 25, 2019
lose money. That's why they want to sell it or tum it into something
else.
COMMISSIONER FIALA: Well, maybe it needs to be
managed by a separate company --
CO MMIS SI ONER SOLIS: Well --
COMMISSIONER FIALA: --because the ones --how
you, Burt? I think the ones we've heard from seem to feel t ...... ...,.._
can operate it, and we won't lose any money, and they "' 't
COMMISSIONER SAUNDERS: Well, I think 's a couple
issues here. First of all, the $30,000 a month is re · st the start as
to what it would cost us. I think Nick has kin luated this and
figures it's going to be closer to a half a millio a lars a year in
operating losses. Now, that's not the end the story necessarily, but
also, in addition to that, I believe th ~ g c se won't even open up
again until October. ~
MR. CASALANGUIDA: Se t her, October, sir.
COMMISSIONER SA -~-......,.,-S: So it's going to be closed a
few months, and that's b ~ .. ...., ....... e owner understands that there's not
a whole lot of business ou ere right now.
And so what I thi ~ --and there's some other exciting types of
golf opportuniti at might actually be something for us to consider
down the roa .
And I would suggest is that we --I agree with
,..,#>ro-olis with the exception of one word that he said, and
·~lllll&dll~ was "minimal." I don't think we should do minimal
...... ...,..,, ....... __ ... .., ...... ce. I think we should keep it looking nice.
MMISSIONER 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
Page 222
June 25, 2019
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 co _~---~~-)'y,
keep it as an open space for right now, and then as we get i he
fall, we can figure out really what we can do with that P.
COMMISSIONER SOLIS: If that's a motion, I
that.
COMMISSIONER SAUNDERS: Well, ' ~re hat as a
motion. I mean, that's been my view from the e oeginning, that
we need to be very careful about jumping · to t e golf course
operation.
COMMISSIONER FIALA: __._""..._._"L..._ 'm supposed to be first,
but --
CHAIRMAN McDANI ou're off the list.
COMMISSIONER _._.,._ .. ~. Okay. I attended a --I attended a
town hall meeting, and th om was full. Did you go to that one,
Nick? ~
MR. CAS NGUIDA: I was at another one, ma'am, with
u ers.
NER FIALA: Okay. The room was full and,
·on, everybody not only wanted to maintain a golf
~__,.,_.__._ey wanted it to stay a 19-hole golf course --18-hole,
Maybe not 19; 18. 18-hole golf course.
ere 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
Page 223
June 25, 2019
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 wealt~t
people here in town that are wanting to invest in it. They feel n ~
only is it important to start young people learning to golf, a~•
good exercise, but keeping the veterans golfing as well and
everybody in between. 0
And they really want to --this is what we heard.,.,,.".L ~ everybody
in the audience, without exception, the whole gro l Mlilllo.\~ for it. And
as I attended it, there might have even been P -"'"---e · t is room that
were there as well. It was a good meeting. I d n' tn1nk we should
give up on that. I think that the --it will
town that would be affordable, and ~e .. -""flL .L ve that right now.
And it's going away from that. ~
People that want to golf eithe H e to go into a private golf
course, or they can go into so ~"'W:_.__ .. ,_.__._g like Hitching --you know, not
Hitching Post --Hibiscu--~~:~~~ . That would be one.
CHAIRMAN McD~ L: Yes.
COMMISSIONE FI LA: But this would be a wonderful
place. And it's i ch an ideal location. And if, per chance, we do
____ . __ the eds and we build a nursing home in there,
reat, you know, it would be nice to have some
ld also go over there, visit somebody, and go out and
~....,,.L tle bit too.
think it's a wonderful thing. We should never lose the
nity 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
Page 224
June 25, 2019
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 fr'-' ........ ""_
receiving proposals from operators --,l 0
COMMISSIONER SAUNDERS: Not at all. <:."')~
CHAIRMAN McDANIEL: --to take on that S~tion?
COMMISSIONER SAUNDERS: No, n ~ .
CHAIRMAN McDANIEL: We're not gi ~g specific direction
to go do that, but if someone were of inte t, tnen we could receive
proposals from them.
COMMISSIONER TAYLO
CHAIRMAN McDANIEL:
we buy the --or that we main ___ __
een moved and seconded that
e golf course but not
operationally in the curr
COMMISSIONER
mstance.
A: When you said "but not
operationally," do --~
CHAIRM cDANIEL: We're not opening it up as a golf
course. We'r g in o maintain it for now.
CO I NER FIALA: Maintain it as a golf course?
COM IONER SAUNDERS: No, no, no.
""-:~vi.i..SSIONER TAYLOR: No, maintain --
MISSIONER FIALA: Nobody golfs on it.
AIRMAN 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?
Page 225
June 25, 2019
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 g \~
CHAIRMAN McDANIEL: Right after I beat Commi~er
Solis. 0
COMMISSIONER SOLIS: You have a really b. n to mow
now.
CHAIRMAN McDANIEL: It's been mo
we maintain the facility. Any other discussion
(No response.) (',_
CHAIRMAN McDANIEL: A 1 i ~
s
COMMISSIONER SOLIS:
COMMISSIONER FIALA:
CHAIRMAN McDANI e.
Aye. COMMISSIONER
COMMISSIONER
CHAIRMAN Mc~
DERS: Aye.
IEL: Opposed same sign, same sound.
(No respon
cDANIEL: So moved.
ANGUIDA: Thank you.
CHAI
MR. A
CHA N McDANIEL: No, no. Thank you.
""-:~vi.i..SSIONER FIALA: Nick, have you been able to talk to
ose places that want to maintain the place?
R. CASALANGUIDA: I have, ma'am. I was waiting for
today to kind of see --
CO MMIS SI ONER FIALA: Good.
CHAIRMAN McDANIEL: I think that takes us to the --
MR. OCHS: Would you like to take 9B, sir?
Page 226
June 25, 2019
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 Ion
COMMISSIONER SOLIS: Sorry, I have --
(Commissioner Solis is leaving the boardroom for the re
of the meeting.)
Item #9B
ORDINANCE 2019-17: A NEW ORDINAN ,...__-
THE POLLUTION CONTROL AND PREVE
ORDINANCE, REPEALING AND REP CI G ORDINANCE
NO. 87-79, REGARDING THE TRJ\. ATION AND
DISPOSAL OF SLUDGE AND ING RESOLUTION NO.
88-311 REGARDING FEES FOR___,_Lg''L,/DGE TRANSPORTATION
AND DISPOSAL PERMITS&°PTED AS WRITTEN
MR. OCHS: Comm1 · ner, this is the second reading to adopt
an ordinance referred t cya s he Pollution Control and Prevention
Ordinance. It w,..,...,.~ . .__ .. oved at Commissioner McDaniel's request from
the summary · m t to the advertised public hearing agenda.
Slf.
MR. IL R: And I have one registered speaker for this item,
~....,"--'HS: Staff did not prepare to go through the same
· on we did before unless you want us to.
AIRMAN 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
Page 227
June 25, 2019
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 privat~
sector. ~
We all got a letter from Tony. If you want to hear fro
Mr. Pires, I think that would better --come on up, if yolr~ 't mind.
MR. MILLER: That is your registered speaker. ~ ~
COMMISSIONER FIALA: He's been here U4rr'IU.l:al' long, too.
COMMISSIONER TAYLOR: Yeah, bu e clock.
COMMISSIONER SAUNDERS: He's g a ig smile.
COMMISSIONER FIALA: So are ~,;_ e just don't get paid
like Tony. • A, t()
COMMISSIONER TA YLO ~y the hour.
MR. PIRES: Mr. Chai~rm bers of the Commission, Tony
Pires representing Fiddler's C ommunity Development District
1 and 2.
Thank you for provi the opportunity. I think you all
received my letter. Ye ~ I recommend and request that you add
language in this inance as suggested by DSAC. I've outlined a
number of re s y I think it's important.
And thi · n addition to what I've outlined in my letter --first
of all, Sout rida Water Management District permits for these
... ,.....,.~_.· f"J , of which Fiddler's Creek has --require water-quality
to be achieved in South Florida can, if water-quality
sta ... ~i~_._ds 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
Page 228
June 25, 2019
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 Futur~
Land Use Element, Objective 3, Policy 3.2.C says, drainage a ~
stormwater management practices shall be governed by the ~tlr
Florida Water Management District regulations. That's ....-·-~
Comprehensive Plan. So, again, that's who enforces
Goal 2, Objective 2.1.G of the Conservation
Management Element talks about within one r effective
date of these amendments, the county shall ad t and development
regulations to require best management p tices of future
developments, future, or redevelopiv.e --•r --L:u,•ts, not go back in time.
And best-management practices ~--;:,·L~ ctural and nonstructural
facilities or practices. Again, futu velopments and
redevelopments intended to re ollution either through source
control or treatment of st er. Again, to not go back in time.
Furthermore, you ha groundwater protection ordinance that's
in place right now hat ~s anguage with regards to what happens.
And it talks fut tormwater management systems. All future
stormwater n ge ent systems shall be constructed and permitted
in accorda ce applicable State and South Florida Water
Manageme strict laws and regulations.
-~,,..._II,"' ...... Section 3.06.12.W and V of the Land Development
d V says, existing stormwater management systems in
pl nd 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
Page 229
June 25, 2019
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
you some rebuttal.
CHAIRMAN McDANIEL: Absolutely. I'd like to v
Danette --
COMMISSIONER SAUNDERS: Also, perh -... ,-e County
Attorney can let us know if we are subject to --~-lorida Water
Management District controlling pollution that y come from
existing developments as opposed to our ·n involved in it.
MR. KLATZKOW: This is a \UJ1 ~ ......... flln-t,""~d!l,:.:...t"\lt" to it.
COMMISSIONER SAUND......,_._ ... ..,._ owe could do something in
addition?
MR. KLATZKOW:
CHAIRMAN McD .. -.DIIIIII_. Of course --
COMMISSIONER A: What'd you say, Jeff?
MR. KLATZ OV{f. e're supplementing what the State does.
CHAIRM cDANIEL: These regulations are already --this
e or expressions that I had early on. These are
s that are done by the State and the feds with regard
""-:~_,, .......... SSIONER TAYLOR: So well. I mean --they do it so
should we interfere with it?
AIRMAN 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.
Page 230
June 25, 2019
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 violatio~~u
must do stormwater system maintenance. You have to do ~
water-quality testing, things like that. But we still have t -quality
issues. So the pollution's coming from somewhere, a have to
do something about it. ~ ..
Just to remind you, if there's no pollutio · ~~o ing from a
development, then there's no cause for concern e ordinance is
only addressing those that are actually po ing.
I just --I wanted to take a min te .... ...., .. ..,. in the environmental
resource permits. Most developm _,.,. ... _ ollier County have these
environmental resource permits t quire they treat stormwater
using a detention or retention ......_""__ ystem. And they use it --the
systems are designed by rs based on calculations using
presumptive criteria.
So, for exam~le, a tormwater engineer will presume a detention
pond is going to at for total suspended solids. It's going to treat for
90 percent of sp rus and 80 percent of the nitrogen that the pond
holds, and hat · . I mean, it's just presumed that it works.
There is a ~--e other things. Although there might be some small
treat•~:.~, .... ...,..,.., ...... efits due to particle settling, these ponds, their primary
tr~!!"!?J ~,.•,fl.-llli,'function is only for phosphorus, nitrogen and total
su cled 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
Page 231
June 25, 2019
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 the
ponds on a monthly basis. We have five watersheds that are ·
for copper. So the environmental resource permit says you 't do
any activity that would result in water-quality violation 11 pond
treatment with copper is a standard practice. So I ha percent of
impaired water bodies that says our current syste · orking.
MR. KLATZKOW: Just, would you ex he Board, ifwe
don't do anything with these impaired waterwa s, w at we might be
facing. (',_
MS. KINASZCZUK: Sure. S~ a ~as getting at, the
county is --the county's required t e hose water-quality
standards. I mean, it's not optio a s state law. It's federal law.
It's our permit requirement. 1 e don't, we are going to get
Basin Management Acti,--,.-·~ total maximum daily loads. And as
we talked about, I think, i e beginning of this process, the cost was
about 85 and a hal mil~n dollars for just to process of BMAPs for
three of our wat eds. So, I mean, we're at a point we just --we
have to do so hi
And ou w our options --you've heard me say this before --
t r -"""'.,._. all the water which, you know, I did a swag analysis
~.._,,, a year, or we can stop it at its source. And the most
ay to stop the pollution at its source is to have the polluter
im e ent 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.
Page 232
June 25, 2019
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 fro
entering --or prevent the pollution from entering our water b ·
than it is to take it out.
CHAIRMAN McDANIEL: Why are you not stop ..,.--.:-:::,-1
MS. KINASZCZUK: Because it's coming from ing --it's
coming from development, and we weren't allowe ulate what
they're doing. ~
CHAIRMAN McDANIEL: Because? ,► ,
1 MS. KINASZCZUK: Because in th ast we haven't had the
authority to do it.
CHAIRMAN McDANIEL:
State or the federal governments a
contact them with regards to t ?
MS. KINASZCZU . ave contacted the State, various
agencies in the past, and t are not resourced to act at a level of
service that we thi is ppropriate for Collier County.
CHAIRM cDANIEL: Say that again, please.
MS. K UK: The State isn't as responsive as we would
resourced to be that way.
'm just --I'm bringing up what was said at the
.L'J.1llilllll~....,.JL.L.Lmission, because it was suggested by Mr. Pires that we
e went to the Planning Commission twice for about four hours
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
Page 233
June 25, 2019
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 r
to the staffing and issuing of the permit, but once the permi ·
none of the agencies are funded to do enforcement. 0
"Now, that may be a choice of our legislators. 1-·'"'•n 1n my
years in the federal government, enforcement of 4 ~""'.._,robably the
most sorely funded government program in th e 1 government,
because I think it's a conscious decision of our ected officials.
"They want enforcement, but they d want to fund it. And if
you don't fund it, it doesn't get done. --.-.~--d part about it is under
state and federal permitting proce enforce the issuing of the
permit, and they're, like I said, are e strict prior to the issuing, but
once it's issued, everything fa ....,,.,..._.he county. And ifwe want to
assure at least some wat ...,...,... within Collier County, I really have
to support this ordinance ritten."
And then this is m last slide. I think human behavior's kind of
funny. We're al ay with the polluter pays principle when it's an
obvious sour f p ution like what we see in this picture , but when
it's this lo -te invisible, ongoing type of pollution that's causing
3 3 percent ater bodies to be impaired, people --they suddenly
get 1 ~llllllldiW..._ ..... ortable with it.
ese requirements to implement best-management practices,
th ' 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.
Page 234
June 25, 2019
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 d~
anything to help. And as I've said before, Pollution Control i ~
education-based group. Our intent is never to be punitive. our
intent to help people prevent pollution. 0
Now, with all of that being said, for your aware.L ,.,.~ ... .1 age 15 of
the ordinance reads, "This section will only becorr~~:~~ctive if
permit requirements are not being met or reas ....... !'.V MP
(best-management practices) are not being imp e ented." So if a
development is meeting all of their permiT -=•.,..,uirements and has put
in reasonable best-management pra c;.ti <A! they have no reason to
be concerned. ',~,
That's all I have. .~
CHAIRMAN McDANI mmissioner Taylor.
COMMISSIONER You know, having been
appointed to the Florida ciation of Counties' Water Policy
Committee, we've ad me pretty in-depth discussions about the
to the source of the pollutants, and it is --and
cience. And, clearly, best-management
practices aren't the best-management practices of 2019.
But w t.B"llltf"l as no home. Water --we all share water. And it's
the r · ility, according to the federal government who spoke to
ast meeting, is individually but also as a county, because it's
o 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
Page 235
June 25, 2019
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 1
but I see this escalating into people --I see this as a potential
are unintended consequences that could come from this tha
concern. 0
And the suggestion of the DSAC's amendments· he
ordinance provided for protection of residents that .-t~
fact, here. Communities that are already, in£ fl
Now, if there are pollutants that are coming fr es1dents and
residences and communities that are alre there, then we have the
capacity, through our own regulatio p s ently exist, state or
federal regulations, to be able to g ..,.....~ .. with those communities.
COMMISSIONER TA YLO · ut we just heard that that's --in
reality, that's not what's happ ~ The State --it doesn't have the
resources --~ Y
CHAIRMAN McD~ L: I understand.
COMMISSIONE TAYLOR: --to do this, so --
CHAIRM cDANIEL: You know what, this is --again, I
think we're g · n ar nd in a circle. This is --you all can pass this.
And, agai I' ing to --we're not --we're done. We're done. The
public --
~_.., ... .&. ES: Could I make just one point of clarification?
IRMAN McDANIEL: No, sir. Thank you.
R. 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
Page 236
June 25, 2019
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 havin ..--... ""'
problem too and haven't wanted to work with you or so h' ng?
MS. KINASZCZUK: We don't have any devel ~~~~ts
identified. Should this pass, we want to work on s~·__,..f the
health-and-safety issues. So we have some is s industrial
park we'd like to work through first, and then e ould go look in
the areas that are more bacteria based. S o, we don't have any
particular residential developments i de · 1 et.
It's going to be a process. W...,._~ . ...,...., .... , o --we have a big impaired
water body. We need to narrow t own. So we have some testing
we need to do first so we can ---.... ything first off.
CHAIRMAN McD .. .uiq.,. And I'm in support of it. I voted for
it before. I'm going to vo r it again today. I just --you don't need
to make a face. ~
COMMISS ER TAYLOR: No, I'm not.
CHAI cDANIEL: I mean, you're acting --your
comments --I'm not in opposition to clean water; no one is. I
mean, I do ' e how you could be. I'm concerned about the
~>IIIIW6d~onsequences.
· 's been moved and seconded that we adopt the ordinance as
e Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
Page 237
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
June 25, 2019
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 whl1~ s id, and
he --that's what I said. I was in shock. ~~
CHAIRMAN McDANIEL: I wasn't in --an ·,,o repeat it. I
voted for it the last time; expressed the same c s. Then I got
the letter from Mr. Pires. So there, again, I'm - o s against clean
water? (',_
MR. KLATZKOW: (Raised h~n . J()
CHAIRMAN McDANIEL: . Klatzkow. He just raised
his hand. Write that down. M~~\u that's in the Naples Daily
News tomorrow. e,;"\--~
Item#lOA ~
ARESOLUTIO
TO THE "JO
MOTION 0
APPROV
~
ENAMING THE CHOKOLOSKEE BRIDGE
J EPH BROWN MEMORIAL BRIDGE." -
NTINUE TO THE JULY 9TH BCC MEETING -
Commissioners, we move to 1 0A. 1 0A is a
re ~J, ...... endation 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.
Page 238
June 25, 2019
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 reque ?
CHAIRMAN McDANIEL: Sure. ~
COMMISSIONER TAYLOR: It's my understanding ---=t-·~---
indeed, the Everglades City Council passed this resoluti i April,
but it's my understanding that the Mayor is now goin ----.~·n to speak
to the business council of the Miccosukee Tribe t · k.
And I'm going to probably take a cue fro
you've done over the past year. I'd like to see 1 e could continue
this until the meeting in July and to give t Mayor an opportunity to
speak, because he's --I know the di ~c · going to be
specifically why it's probably not lilla.PJ"'til:rt•test idea to name a bridge
after an Indian agent from an Ind· ' oint of view.
COMMISSIONER SA -~-.....,.,-S: I'll second that. There's no
urgency.
CHAIRMAN McD~ No, there isn't. It's just --there is
no urgency. ~
COMMISS ER TAYLOR: AndMayorGrimmmaycome
· ste d to them, but this is what I want.
NER SAUNDERS: That's fine.
IONER TAYLOR: And that's fine, too.
AN McDANIEL: I don't see any reason to continue it.
I tit's --but, you know, if it's the will of this board to
coii ..... i ........ e 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.
Page 239
June 25 , 2019
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 thous .
Ochopee, Everglades City, and Chokoloskee all combined.
COMMISSIONER TAYLOR: I think you're right 0
CHAIRMAN McDANIEL: And that's one oftn-.~eQS ons why I
went to the Mayor and asked for the council to ma e that the
folks in Everglades City were aware and so o~..,..~ ean, with --
the backup data has, I think, close to 300 signa r s.
COMMISSIONER FIALA: Yeah, t e were quite a few. I
read --
CHAIRMAN McDANIEL: excess of 200, easy.
COMMISSIONER FIALA: 's ind of fun to look at some of
the old names. ~T
11
,.,,,...~
CHAIRMAN McD .. -UIQ.,. Sure. So it's been moved and
seconded we continue thi m until July 9th. Any other discussion?
(No response. ~
CHAIRM cDANIEL: All in favor?
COMM R FIALA: Aye.
CHA ...,_a, McDANIEL: Aye.
COM IONER TAYLOR: Aye.
~-...,,•..a...a.SSIONER SAUNDERS: Aye.
IRMAN McDANIEL: Opposed same sign, same sound.
o response.)
CHAIRMAN McDANIEL: So moved.
COMMISSIONER TAYLOR: Thank you. Thank you.
Item #1 lB
Page 240
June 25, 2019
AW ARD REQUEST FOR PROFESSIONAL SERVICES NO. 18-
7277, "PUBLIC UTILITIES DEPARTMENT COMPLEX
DESIGN," TO STANTEC CONSULTING SERVICES, INC., TO
PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES
THE AMOUNT OF $5,773,613, AND AUTHORIZE THE ~
CHAIRMAN TO EXECUTE THE ATTACHED AGREE J'r'
AND AUTHORIZE THE NECESSARY BUDGET A ·.---~
-APPROVED
MR. OCHS: Commissioner, your final -
the agenda is 1 lB. This is a recommendation
COMMISSIONER SAUNDERS : I' ove to approve that
unless there's some --""'
COMMISSIONER FIALA: • e~n d that motion.
MR. OCHS: You've got am i and a second. Don't move. I
train these guys: You get a ~~--.,..,.-.. ,..,;.·~-and a second --
CO MMIS SI ONER .--. ..... ~-~ : Sit down.
CHAIRMAN McD ~ Stay in your seats.
COMMISSIONE FI LA: Because you've given such a fine
presentation wa up here, we just had to approve it.
COMM R SAUNDERS: It's actually just because it's
after 6 o'c we want to go home.
MR. LANGUIDA: Don't say that.
~~ ....... SSIONER TAYLOR: The truth be told.
IRMAN McDANIEL: It's been moved and seconded that
we c ept 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.
Page 241
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
June 25, 2019
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.) ~
CHAIRMAN McDANIEL: So moved. ~
MR. OCHS: Thank you, Commissioners. 4
Item #15
STAFF AND COMMISSION GENERAL C
MR. OCHS: Mr. Chairman, that ta
commission general communicatio]\S ,
~c,
~ATIONS
I have nothing to share with the B a his late hour. Thank you
for a good day.
COMMISSIONER FIA going to say goodbye to
everyone.
CHAIRMAN McD~ We're going to do Mr. Klatzkow.
COMMISSIONE FI LA: Yeah, I have to say goodbye to
cDANIEL: Those guys are all leaving.
NER FIALA: That's my message.
N McDANIEL: Mr. Klatzkow?
~-.w,,a.....1ATZKOW: Nothing, sir.
IRMAN McDANIEL: Commissioner --or how about the
..... .-.~--IL'' Office?
MR. JOHNSSEN: No thank you, sir.
CHAIRMAN McDANIEL: Now.
COMMISSIONER FIALA: I already said my goodbyes.
CHAIRMAN McDANIEL: She said goodbye.
Page 242
June 25, 2019
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
that.
And I also want to congratulate the Commission.
of issues today that were emotional and difficult, and
Everybody's doing things professionally, and it's j
that. So I just wanted to thank you and congr
e got mad.
od to see all
CHAIRMAN McDANIEL: Commission ay or.
COMMISSIONER TAYLOR: Not ... _ ... __ for me. Thank you very
much. But thank you, again. It was.a -=--""'.,_.,ough day, and --
CHAIRMAN McDANIEL: ~--~ y.
COMMISSIONER TA YLO it was a great support from
staff and willingness to work;;;;~--er, and that's what made a
difference. Thank you.
CHAIRMAN McD~ Absolutely. And with that, we are
adjourned. ~
**** Commi 1~aylor moved, seconded by Commissioner
McDaniel nd ied that the following items under the Consent and
___ ""_._oas be approved and/ or adopted****
I~ 1
RE~RDING 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
Page 243
June 25, 2019
TODA Y'S AGENDA. (DISTRICT 4)
Item #16A2
FINAL ACCEPTANCE OF THE POTABLE WATER F ACILI
FOR GRACE PLACE PL20190000610, AND ACCEPT TH
CONVEYANCE OF A PORTION OF THE POTABLE W
(DISTRICT 3)-LOCATED AT 4300 2J 8T AVENUE ~
ltem#16A3 <)'<,,
FINAL ACCEPTANCE AND ACCEPT THE :>'N~EYANCE OF
THE POT ABLE WATER AND SEWER ______ IL TY FACILITIES
FOR MADISON PARK PHASE 21 , 000699; MADISON
PARK PHASE 2B, PL201100020 , MADISON PARK
PHASE 2C, PL20130000920, A AUTHORIZE THE
COUNTY MANAGER, OR SIGNEE, TO RELEASE THE
FINAL OBLIGATION ~:\.I.: THE TOTAL AMOUNT OF
$8,000 TO THE PROJE NGINEER OR THE DEVELOPER'S
EN . ( !STRICT 3)-LOCATED EAST OF
BL VD, BETWEEN RADIO ROAD AND
CEPTANCE AND ACCEPT THE CONVEYANCE OF
OT ABLE WATER AND SEWER UTILITY FACILITIES
FO MADISON PARK PHASE 1, PL20130000921, AND
MADISON PARK PHASE AW ATER MAIN EXTENSION,
PL20140001339. (DISTRICT 3)-A RE-INSPECTION WAS
CONDUCTED ON MAY 20, 2019 AND FOUND THE
Page 244
June 25, 2019
FACILITIES TO BE SATISFACTORY
Item #16A5
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILIT
FOR HARBORSIDE ANIMAL CLINIC, PL20190000968. ~ '\ ~
(DISTRICT 4) -LOCATED 2662 DA VIS BLVD
0
4s
Item#16A6 <:'),<;
FINAL ACCEPTANCE AND ACCEPT TH~ .... '"' }~ ANCE OF
THE POT ABLE WATER AND SEWER UTI ACILITIES
FOR ISLANDW ALK PHASE 7 A-1, 7 A-, 'J A-3 AND 7 A-4,
PL20170001275. (DISTRICT 3)-~ E NSPECTION WAS
CONDUCTED ON APRIL 25, 2 FOUND THE
FACILITIES TO BE SATIF ACT
Item#16A7 -Oe;
FINAL ACCEPT NC ,o ?'THE POTABLE WATER AND
SEWER F ACIL ES FOR VANDERBILT COMMONS LAND
TRUST 1/11 - A 1, PL20170004321, ACCEPT THE
CONVEY N OFAPORTIONOFTHEPOTABLEWATER
F ACILITI , D TO AUTHORIZE THE COUNTY MANAGER,
OR .&_, ... _.~,....,r"-JIGNEE, TO RELEASE THE UTILITIES
P ANCE SECURITY (UPS) AND FINAL OBLIGATION
B IN THE TOTAL AMOUNT OF $15,363.06 TO THE
PR JECT 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
Page 245
June 25 , 2019
Item #16A8
RESOLUTION 2019-105: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENT
THE FINAL PLAT OF LEGACY LAKES, APPLICATION ""
NUMBER PL20140002259, AND AUTHORIZE THE RE ~ ~~
OF THE MAINTENANCE SECURITY. (DISTRICT R,0
Item#16A9 <)'<,,
RESOLUTION 2019-106: FINAL ACCEPTA ~15F THE
PRIVATE ROADWAY AND DRAINA I ROVEMENTS FOR
THE FINAL PLAT OF TUSCANY.P WO, APPLICATION
NUMBER PL20140001338, AN _,_,.,,_ ORIZE THE RELEASE
OF THE MAINTENANCE SEC . DISTRICT 5
Item #16A10 -0 e;
ELECTRONIC SUBM ~S~N OF THE COUNTY INCENTIVE
GRANT PROG (CIGP) APPLICATION WITH THE
FLORIDA D R ENT OF TRANSPORTATION TO FUND A
PHASE O C'-..J ~IER BOULEY ARD (CR 951) FROM THE
GOLDEN MAIN CANAL TO GREEN BOULEY ARD
PR 0. 68057 . DISTRICT 3 DISTRICT 5
rQ 6All
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 124RDUE2) REQUIRED FOR THE
Page 246
June 25, 2019
WIDENING OF ORANGE BLOSSOM DRIVE, EAST OF
AIRPORT-PULLING ROAD (PROJECT #60211). (DISTRICT 2)-
FOLIO #00235520009 WITHIN SIENA LAKES
Item#16Bl ~
COLLIER COUNTY COMMUNITY REDEVELOPMEN'.N 'bi
AGENCY (BAYSHORE GATEWAY TRIANGLE) A .....,.__.J ._.,,TANCE
OF THE U.S. DEPARTMENT OF HOUSING AND -..o-c-.---.AN
DEVELOPMENT COMMUNITY DEVELOPM OCK
GRANT FUNDS IN THE AMOUNT OF $3 0 THE
BA YSHORE GATEWAY TRIANGLE FIRE P SSION
INFRASTRUCTURE PROJECT, AUTH IZ THE CHAIRMAN
OF THE BOARD TO SIGN THE q REEMENT AND
AUTHORIZE THE NECESSAR -.-,:--., ET AMENDMENTS.
(DISTRICT 4) -UPGRADING R LINES AND
INSTALLING OR UPGRAD IRE HYDRANTS ALONG
COCO A VENUE, ARE ,..~~L,.1 UE, BASIN STREET, CANAL
STREET AND CAPTA OVE
Item #16B2
MENDMENT TO THE 2018 CDBG
AGREEMENT BETWEEN COLLIER COUNTY
FOR ADDITIONAL FUNDING IN THE
OF $476,365 AND A TIME EXTENSION FOR THE
I -~.._,...KALEE SIDEWALK 2018 PROJECT, AUTHORIZES THE
CH IRMAN OF THE BOARD TO SIGN THE AMENDMENT
AND AUTHORIZES NECESSARY BUDGET AMENDMENTS.
(DISTRICT 5)
Page 247
June 25, 2019
Item #16Cl
RESOLUTION 2019-107: PROTOCOLS RELATING TO THE
PREPARATION OF DOCUMENTS BY WHICH COUNTY
GOVERNMENT CONVEYS OR ACQUIRES REAL PROPE
INTERESTS TO ENSURE UNIFORM INDEXING AND B ~
FACILITATE THE DOCUMENT RETRIEVAL PROCES ~. ;l,,\f-\
DISTRICTS) ~o
ltem#16C2 ,(')~
INCREASING THE ESTIMATED ANNUAL ~}NDITURE
THRESHOLD FOR PURCHASE ORDE R VEN CONTRACT
FOR INVITATION TO BID #18-7 ~9 ' TLED DRINKING
WATER AND POINT OF USE .&........,.., ..... COOLERS." (ALL
DISTRICTS) -FOR VARIOUS TY FACILITIES AND
COUNTY-SPONSORED EV THROUGHOUT THE YEAR
ltem#16C3 ~
~
TERMINATIN OUTHWEST DIVISION INC., FROM
6-1, "HAMMERHEAD AND DESIGNATED
NSTRUCTION." (ALL DISTRICTS) -DUE TO
....,,..,.~TORS INABILITY TO MEET THE CONTRACT
~......--LL.-INTS BY PROVIDING PROOF OF AUTO
CE
A BUDGET AMENDMENT FOR THE SOLID AND
HAZARDOUS WASTE MANAGEMENT DIVISION IN THE
Page 248
June 25, 2019
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 AMO
$1,226,900 TO REALLOCATE PUBLIC UTILIT~ .. ~--
DEP ARTMENT WATER PROJECT FUND ~
PRIORITY PROJECTS. (ALL DISTRICTS)
o/ 04
OF
REIMBURSEMENTS FROM FEMA A T ESTATE WERE
DIVERTED TO THE 1-75 & COL J.I UTILITY
RELOCATION INSTEAD OF B EXISTING PROJECTS
Item #16C6
BUDGET AMEND MEN OR THE FACILITIES
MANAGEMENT IV I N IN THE AMOUNT OF $2,222,200 TO
ALLOCATE STRUCTURE SALES SURTAX FUNDING
ASSOCIAT I THEHERITAGEBAYEMERGENCY
MEDI CA S ICES (EMS) STATION (PROJECT #55211 ).
(DISTRIC -THE PROPOSED SITE IS JUST NORTH OF THE
NE ~"'.J.. ORHTEAST EMERGENCY BUILDING ON
C BLVD
A BUDGET AMENDMENT FOR THE FACILITIES
MANAGEMENT DIVISION IN THE AMOUNT OF $2,900,000
Page 249
June 25, 2019
WITHIN COUNTY-WIDE CAPITAL PROJECTS FUND (301) TO
COVER NECESSARY HURRICANE IRMA REPAIR WORK.
(ALL DISTRICTS)
Item #16C8
BUDGET AMENDMENTS RECOGNIZING CASSENA
WATER LINE SPECIAL ASSESSMENT REVENUE "",...__..~
APPROPRIATE SAME TO ACCOMMODATE AD
LOAN REPAYMENT. ALL DISTRICTS
Item #16C9
AW ARD AGREEMENTS FOR R E_Q OR
QUALIFICATIONS NO. 19-752 , " UAL AGREEMENT FOR
GENERAL CONTRACTORS," OUNTY-WIDE GENERAL
CONTRACTOR SERVICES RE CONSTRUCTION
SERVICES OF FLORID ,......,.....,,, CHRIS-TEL COMPANY OF
SOUTHWEST FLORID , C. D/B/A CHRIS TEL
CONSTRUCTIO W G T CONSTRUCTION GROUP, INC.,
CAPITAL CO LTING, LLC, COMPASS CONSTRUCTION,
INC. AND J;~i'l TNERS, LLC. (ALL DISTRICTS)
Item #16D
IRMAN TO SIGN THE STANDARD U.S.
TMENT OF HOUSING AND URBAN DEVELOPMENT
(HU ) ENTITLEMENT AGREEMENTS UPON ARRIVAL;
APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN
FIFTEEN (15) SUBRECIPIENT AGREEMENTS FOR
ACTIVITIES PREVIOUSLY APPROVED IN THE FY 2019-2020
Page 250
June 25, 2019
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, FORT
HUD FISCAL YEAR 2019-2020 BUDGET AS APPROVED
THE HUD ACTION PLAN FOR ENTITLEMENT FUND
ITEM IS A COMPANION TO AGENDA ITEM #16D2&\ L
DISTRICTS) -CDBG FUNDS INFRASTRUCTUR ~
ACQUISITION, PUBLIC SERVICES AND PUB ~, .... ACILITY
REHABILITATION. HOME FUNDS RENT_______ I TANCE,
NEW HOUSING CONSTRUCTION AND R
ltem#16D2 • ~°<)
RESOLUTION 2019-108: THE C ___ ...,., ___ ER COUNTY FY 2019-2020
ONE-YEAR ACTION PLAN U.S. DEPARTMENT OF
HOUSING & URBAN ____,PMENT (HUD) FOR
COMMUNITY DEVEL ENT BLOCK GRANT (CDBG),
HOME INVESTMENyP A TNERSHIPS (HOME), AND
EMERGENCY UTIONS GRANT (ESG) PROGRAMS,
INCLUDIN E EPROGRAMMING OF FUNDS FROM
PREVIO r'llll!lllac.:v", RS AND ESTIMATED PROGRAM INCOME;
APPROV RESOLUTION, HUD DEVELOPMENT
CER-.&.~llllill:Y' .... IONS AND SF 424 APPLICATION FOR FEDERAL
A NCE; AND AUTHORIZE TRANSMITTAL TO HUD.
( TEM IS A COMPANION TO AGENDA ITEM #16Dl)
(AL DISTRICTS)
Item #16D3
Page 251
June 25, 2019
A CONSTRUCTION AGREEMENT ON THE AW ARD 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 AGREE
DISTRICT 2
Item #16D4
TEN (10) INDIVIDUAL DEVELOPER REL ~
A COMBINED AMOUNT OF $921,626.47 F
THAT HAVE REMAINED AFFORDA~~ F R THE REQUIRED
15-YEAR PERIOD SET FORTH ~ lt\.TE HOUSING
INITIATIVES PARTNERSHIP I ·h-,~~ FEE PROGRAM. (ALL
DISTRICTS)-PROPERTIES I ----~-~ HABITAT VILLAGE (53),
CARSON LAKES PHASE 1 IMBER RIDGE (15), NAPLES
MANOR (13), NAPLES -~.. LAKES (1), TRAIL ACRES (2),
HIGHLANDS HABITA ), JUBILATION (5 HOMES & 4
CONDOS) AND 639 ~IF ON ROAD (1)
Item #16D5 ~«;
A BUDGE ENDMENT IN THE AMOUNT OF $13,750.17
AN ~...,., ..... ORIZE THE CHAIRMAN TO SIGN ONE (1)
R OF LIEN FOR AN AFFORDABLE HOUSING
D TY BONUS UNIT THAT IS NO LONGER SUBJECT TO
TH TERMS OF THE AGREEMENT. (ALL DISTRICTS) -
FOLIO #24778005805 LOCATED AT 7849 BRISTOL CIRCLE
Item #16D6
Page 252
June 25, 2019
ELEVEN (11) INDIVIDUAL RELEASE OF LIENS FOR A
COMBINED AMOUNT OF $78,111.41 FOR HOMES THAT
HA VE REMAINED AFFORDABLE FOR THEIR REQUIRED 15-
YEAR PERIOD SET FORTH IN THE STATE HOUSING ~
INITIATIVES PARTNERSHIP IMPACT FEE PROGRAM. (A
DISTRICTS) -LOCATED AT 5204 FLORIDAN A VENE-r-,,~-.;:...-. 31
6TH STREET SE, 3771 2ND AVE NE, 5345 CARLTON ~-ET,
5432 CATTS STREET, 5357 MITCHELL STREET SHOLTZ
STREET, 624 CLIFTON ROAD, 1102 SERENIT Y, 1332
REFLECTION LANE AND 3117 ARECA A
Item #16D7 . A,'-?o
THE FY19 PROGRAM OF PRO ,#-~~,[~~AND SUBMITTAL OF A
GRANT APPLICATION FORT DERAL TRANSIT
ADMINISTRATION, 49 U.S .._,.___,._ . ..,=07 FY19 GRANT FUNDS
SUPPORTING TRANS M OPERATIONAL AND
CAPITAL COSTS INT MOUNT OF $2,611,614 THROUGH
THE TRANSIT AW A ~ MANAGEMENT SYSTEM, ACCEPT
THE A WARD .L_#...L."'1111.,.__, AUTHORIZE ANY NECESSARY BUDGET
AMENDME TAL FISCAL IMPACT $3,410,514) (ALL
DISTRIC - S DETAILED IN THE EXECUTIVE SUMMARY
19 PROGRAM OF PROJECTS AND SUBMITTAL OF A
G NT 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
Page 253
June 25, 2019
FACILITIES IN THE AMOUNT OF $372,752 THROUGH THE
TRANSIT AW ARD MANAGEMENT SYSTEM (TRAMS). (ALL
DISTRICTS)
Item#16D9 ~
FIRST AMENDMENT TO THE AGREEMENT WITH FL ~
CONSTRUCTION, LLC (FL STAR) FOR THE 0
ADMINISTRATION OF THE STATE HOUSING I TIVES
PARTNERSHIP CONSTRUCTION ASSISTAN ..,.,.~ OGRAM.
(ALL DISTRICTS) -INCREASING THE A -"--.I"-Y $400,000,
ADDING 2018-19 AS AN ADDITIOINAL F G YEAR,
EXTENDING THE EXPENDITURE DE L E TO JUNE 30,
2021 AND A NEW RANKING OF .A D HOUSEHOLDS
TO BE CONSISTANT WITH T~ -2019 LHAP
Item #16D10 e,;~
A MEMORANDUM OF REEMENT WITH THE FLORIDA
FISH AND WILD IF f/= NSERVATION COMMISSION TO
ALLOW YOU UNTS FOR COLLIER COUNTY RESIDENTS
AT PEPPER N PRESERVE IN JANUARY AND
FEBRUA Y . (DISTRICT 5) -HOG HUNT BEING HELD
JANUAR 9, 2020 AND THE TURKEY HUNT BEING HELD_
FEB 28 -MARCH 1 2020
I Q 6Dll
A STATE HOUSING INITIATIVE PARTNERSHIP SPONSOR
AGREEMENT BETWEEN COLLIER COUNTY AND
RESIDENTIAL OPTIONS OF FLORIDA, INC. CONTRACT
Page 254
June 25, 2019
AW ARD 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 HOUS .--...u-
INITIATIVES PARTNERSHIP PROGRAM LOCAL ~.__,.......~ING
ASSISTANCE PLAN FOR FISCAL YEARS 2019-2020-
2021, AND 2021-2022 AND AUTHORIZE SUB ON TO THE
FLORIDA HOUSING FINANCE CORPO~ LL
DISTRICTS) ~ ",
Item #16D13 • ~ °<)
RECOGNIZING INTEREST EA FROM THE PERIOD
JANUARY 2019 THROUG CH 2019 ON ADVANCED
LIBRARY FUNDING ..,.~.., D FROM THE FLORIDA
DEPARTMENT OF STA TO SUPPORT LIBRARY SERVICES
AND EQUIPMENT F()R HE USE OF COLLIER COUNTY
RESIDENTS E AMOUNT OF $2,474.95. (ALL DISTRICTS)
-FOR EXP~T ES IN SUPPORT OF LIBRARY E-BOOKS
Item #16D
~ AGREEMENT ACCEPTING FUNDING FROM THE
'--J'-~UO'_.__ER COUNTY COMMUNITY FOUNDATION IN THE
AM UNT 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
Page 255
June 25, 2019
Item #16D15
A BUSINESS ASSOCIATE AGREEMENT BETWEEN THE
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA,
(AAA SWFL) AND COLLIER COUNTY TO COMPLY WI
THE TERMS OF FEDERAL HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF
ACCORDANCE WITH THE GRANTOR'S POLicn~ .. ~u
PROCEDURES. ALL DISTRICTS
Item #16D16
APPROVAL TO ADVERTISE AN.O _.._~ CE ESTABLISHING
THE BLUE SAGE MUNICIPAL ...,..._...&,... E TAXING UNIT FOR
THE REPAYMENT OF FUND E AMOUNT OF $8,623.93
THAT WERE USED TOM --.---. ERGENCY ROAD REPAIRS
ON A PRIVATE STRE . ( RICT 5) -LOCATED OFF OF
BRANTLEY BLVD IN DEN GATE ESTATES
Item #16Dl 7
RELEAS EN IN THE AMOUNT OF $8,519.87 FOR MR.
AND MR ~TM AND TWELVE (12) RELEASES OF LIEN
FOR ~~ THAT HAVE RECORDED IMPACT FEE
D L AGREEMENTS THAT WERE NOT UTILIZED IN
T RISTOL PINES PHASE II COMMUNITY. DISTRICT 5
Item #16D18
APPROVAL OF THE (NFC) FITNESS GRANT APPLICATION
Page 256
June 25 , 2019
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 WEI
CIRCUIT TRAINING SYSTEM DESIGNED FOR ADULT
ALL AGES AND ABILITIES. EACH FITNESS COURT I
INTEGRATED WITH SHOCK-RESISTANT SPORTS ORING
~ ALLOW
AT THE
AND IS COMPRISED OF EXERCISE STATIONS
FOR UP TO 28 INDIVIDUALS TO USE THE C
SAME TIME
Item #16D19 (', _
RESOLUTION 2019-110: THE F • ~~RANSPORTATION
DISADVANTAGED TRUST F _,__..._i...,~• RIP/EQUIPMENT GRANT
AGREEMENT WITH THE F DA COMMISSION FOR THE
TRANSPORTATION D .,......,..,..,_,_ NTAGED IN THE AMOUNT OF
$910,405 WITH A LOC ATCH OF $101,156 TO ASSIST
WITH SYSTEM OPE !y\T G EXPENSES, AUTHORIZE THE
XECUTE THE AGREEMENT AND
LUTION, AND AUTHORIZE THE
GET AMENDMENTS. ALL DISTRICTS
... ~_,__ DITURES FOR THE SOLE SOURCE PURCHASE OF
GE GRAPHIC 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
Page 257
June 25, 2019
NO OTHER PROVIDER OFFERING AN END-TO-END
SOLUTION
Item #16E2
AN ASSUMPTION AGREEMENT ASSIGNING ALL RIG
DUTIES AND BENEFITS, AND OBLIGATIONS TO
INNOVATIVE EMERGENCY MANAGEMENT, INC
AGREEMENT #17-7116 FOR THE CONTINUAN ~,...-.
DISASTER RECOVERY CONSULTING SERV ,,_ .. ~~
DISTRICTS
Item #16E3
EXECUTING THE STATE-FUN_..._..., . ._ BGRANT AGREEMENT
A0002 ACCEPTING A GRANT RD TOTALING $105,806
FROM THE FLORIDA DIVI OF EMERGENCY
MANAGEMENT FOR H ~ .. ,... _ __,~----NCY MANAGEMENT
PROGRAM ENHANCE T AND AUTHORIZE THE
ASSOCIATED BUDG T MENDMENT. ALL DISTRICTS
Item #16E4
HE INTERLOCAL AGREEMENT BETWEEN
UNTY AND THE GREATER NAPLES FIRE
DISTRICT FOR MANAGEMENT OF THE OCHOPEE
!STRICT FOR ONE YEAR OR UNTIL A NEW
EMENT IS EXECUTED. (ALL DISTRICTS)
Item #16E5
Page 258
June 25, 2019
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.
THREE AFTER-THE-FACT MEMOS WITH A FISCAL I
OF $52 792.92 AND ZERO AMENDMENTS
Item #16E6
ADMINISTRATIVE REPORT PREPARED
PROCUREMENT SERVICES DIVISION FO OSAL OF
PROPERTY AND NOTIFICATION OF V NUE
DISBURSEMENT. (ALL DISTRI GT ONLINE SALES IN
THE AMOUNT OF $4 142.40 F LUSE UIPMENT
Item #16Fl
APPROVING A DATE NGE FOR TOURIST
DEVELOPMENT TA~PROMOTION FUNDING TO SUPPORT
THE UPCOMI AMERICAN JUNIOR GOLF ASSOCIATION
JUNIORCH PI SHIPTOWLY21-25,2019FORUPTO
$10,000 A D KE A FINDING THAT THESE
EXPEND! S PROMOTE TOURISM. ALL DISTRICTS
DI CTING 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
Page 259
June 25, 2019
LAND DEVELOPMENT CODE, PERTAINING TO ANY
PAYMENT OF IMP ACT 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 l4
THAT THE COLLIER COUNTY CODE OF LAWS AND ~
ORDINANCE AND THE COLLIER COUNTY LAND 0
DEVELOPMENT CODE ARE AMENDED TO co,~-¥ WITH
THE NEW RE UIREMENTS. ALL DISTRICT
Item #16F3
A REPORT COVERING BUDGE~ ENTS IMPACTING
RESERVES AND MOVING F ....,._._....,, AN AMOUNT UP TO
AND INCLUDING $25,000 AN ,000, RESPECTIVELY. (ALL
DISTRICTS)-BA #19-587, PAY/NEUTER SURGERIES
FOR DAS ANIMALS
Item #16F4
RESOLUTI
GRANTS, 0
PROCEE
0 -111: AMENDMENTS (APPROPRIATING
TIONS, CONTRIBUTIONS OR INSURANCE
THE FISCAL YEAR 2018-19 ADOPTED
BU LL DISTRICTS
IQ 6F5 -Moved to Item #1 lF (Per Agenda Change Sheet);
Remained as Item # 16F 5; Further Continued to the
July 9, 2019 BCC Meeting by Commissioner Taylor
during Agenda Changes
Page 260
June 25, 2019
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) 4 (b
Item #16GJ ~o
AWARDREQUESTFORPROPOSALSNO.19-"AIRPORT
AUTHORITY CAR RENTAL CONCESSIO~Y"la:I;~~ "AND
AUTHORIZE ITS CHAIRMAN TO EXECU CAR
RENTAL SERVICE CONCESSIONAIR -~G, BEMENT WITH
ENTERPRISE LEASING COMP A ORIDA, LLC TO
PROVIDE CAR RENTAL SERV THE MARCO ISLAND
EXECUTIVE AIRPORT, IMM E REGIONAL AIRPORT
AND EVERGLADES AIRP . DISTRICT 1, DISTRICT 5)-
FOR A PERIOD OF FO ..-·vv O (42) MONTHS WITH TWO (2)
ONE-YEARRENEWAL TIONS
Item #1602
OF FIRMS FOR REQUEST FOR
L SERVICES (RPS) #19-7558 FOR "DESIGN
OR IMM RUNWAY REHABILITATION AND
Y EXTENSION PROJECTS" AND DIRECTING STAFF
GOTIATE A CONTRACT WITH THE TOP RANKED
FI , HOLE MONTES, INC. (DISTRICT 5) -FOR
REHABILITATION OF RUNWAY 18/36 AND THE EXTENSION
OF TAXIWAY CAT THE IMMOKALEE REGIONAL AIRPORT
Page 261
June 25, 2019
Item #16Jl
A BUDGET AMENDMENT RECOGNIZING $1,589,400 IN
REVENUES AND EXPENDITURES IN THE SHERIFF'S FY2019
GENERAL FUND BUDGET. (ALL DISTRICTS) -TURN BA
FOR UNSPENT FEES 4 (b
Item #1612 ~o
AUTHORIZING THE USE OF $25,000 FROM T ...,.....,.....,,
CONFISCATED TRUST FUNDS TO SUPP ...__~ JUNIOR
DEPUTIES LEAGUE, INC. (ALL DISTRIC -ELPING
COLLIER COUNTY'S YOUTH IN RES I G DRUG USE,
AVOID GANG INVOLVEMENT,J3 .....,.... ...... IIIII:--".' G CHARACTER AND
PROVIDING SAFETY TRAIN~
Item #16J3 e,;~
EXECUTION OF THE B GET AMENDMENT IN THE
AMOUNT OF $135,00 F R THE 9-1-1 NEXT GENERATION
CORE SERVIC IMPLEMENTATION SUPPORT
L RVICES. (ALL DISTRICTS) -ENSURING
F THE CONTRACTUAL AND TECHNICAL
"'"--~... TS OUTLINED IN THE CONTRACT WITH
BOARD APPROVED AND DETERMINED VALID PUBLIC
PURPOSE FOR INVOICES PAY ABLE AND PURCHASING
CARD TRANSACTIONS AS OF JUNE 19, 2019. (ALL
Page 262
DISTRICTS)
Item #1615
June 25, 2019
RECORD IN THE MINUTES OF THE BOARD OF COUNT~
COMMISSIONERS, THE CHECK NUMBER (OR OTHER ~
PAYMENT METHOD), AMOUNT, PAYEE, AND PURP El OR
WHICH THE REFERENCED DISBURSEMENTS W...,_..., RA WN
FOR THE PERIODS BETWEEN MAY 30, 2019 A E 12 ,
2019 PURSUANT TO FLORIDA STATUTE 136 . {t\LL
DISTRICTS
Item #16Kl
A MEDIATED SETTLEMENT T.-.-........... ENT AND
STIPULATED FINAL JUDGME O SETTLE FINAL
COMPENSATION FOR TH..,____ ING OF PARCEL 326RDUE, IN
THE AMOUNT OF $36 LUDING STATUTORY
ATTORNEY FEES AND STS, AND EXPERT FEES AND
COSTS, IN THE AW UI STYLED COLLIER COUNTY V.
QUAN WANG AL, CASE NO. 16-CA-1399, REQUIRED FOR
THE GOLD GA". BOULEY ARD EXPANSION PROJECT NO.
60145. FI C MPACT: $31 351 ALL DISTRICTS
A ~.LJIATED SETTLEMENT AGREEMENT AND
STI ULATED 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
Page 263
June 25 , 2019
COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V.
QUAN WANG, ET AL, CASE NO. 16-CA-1399, REQUIRED FOR
THE GOLDEN GATE BOULEY ARD EXPANSION PROJECT NO.
60145 . FISCAL IMPACT: $38 431.50 ALL DISTRICTS
Item #16K3
BOARD OF COUNTY COMMISSIONERS APPROV
SUPERMAJORITY VOTE, THE COUNTY ATTO _ _,__ 'S
RECOMMENDATION TO WAIVE ANY POTE....,...--.._sL....,.L..I ETHICS
CONFLICT AS AUTHORIZED BY CH. 112 I A
STATUTES FOR TWO AFFORDABLE HO ADVISORY
COMMITTEE ("AHAC") MEMBERS E A ED IN THE
AFFORDABLE HOUSING INDU T L DISTRICTS) -
DUE TO BOTH HA YING CU IP GRANT
AGREEMENTS WITH THE CO
Item #16K4 ~ e;
RESOLUTION 2019-1 2: APPOINTING JOHN STEVEN
RIGSBEE TO BA YSHORE/GATEW A Y TRIANGLE LOCAL
REDEVELQ~ ADVISORY BOARD. (DISTRICT 4)
Item #16K
TION 2019-113: APPOINTING MICHAEL PATTERSON,
KA KENTNER, VONCILE H. WHITAKER AND LIS
ES ILIN TO THE BLACK AFFAIRS ADVISORY BOARD.
(ALL DISTRICTS)
Item #16K6
Page 264
June 25, 2019
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
UNITED STATES DISTRICT COURT, MIDDLE DISTRIC
FLORIDA FORT MYERS DIVISION. ALL DISTRICTS
Item #17A
RESOLUTION 2019-114: PETITION VAC-
DISCLAIM, RENOUNCE AND VACATE A ION OF
TRACT Cl, A CONSERVATION AND F R EASEMENT,
BEING A PART OF NAPLES HE IT. ,_;c~ ___ OLF AND
COUNTRY CLUB PHASE ONE, ~ OOK 26, PAGE 73 OF
THE PUBLIC RECORDS OF CO ~ER COUNTY, FLORIDA.
THE SUBJECT PROPERTY ~ CATED APPROXIMATELY
1000 FEET SOUTHEA _....__._ ___ OF DA VIS BL VD, IN SECTIONS
4 AND 9, TOWNSHIP 5 UTH, RANGE 26 EAST, COLLIER
COUNTY, FLORI A. :-f IS IS A COMP ANION TO AGENDA
ITEM #17B D RICT 3
ltem#17B ~
~...,~~,..___,, 2019-12: AMENDING ORDINANCE NO. 95-74,
LES HERITAGE GOLF AND COUNTRY CLUB
P ED UNIT DEVELOPMENT; BY REVISING THE
MA TER 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
Page 265
June 25, 2019
PROVIDING AN EFFECTIVE DATE. THE SUBJECT
PROPERTY, CONSISTING OF 558± ACRES, IS LOCATED
SOUTH OF DA VIS BOULEY ARD 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~t
#17A) (DISTRICT 3)
0
~
Item#17C <:'),<;
RESOLUTION 2019-115: PETITION VAC-~_L_~...C . ~}60440, TO
DISCLAIM, RENOUNCE AND VACATE T UNTY AND
THE PUBLIC INTEREST IN A PORTI O THE DRAINAGE
EASEMENT AS RECORDED IN F RECORD BOOK
4385, PAGE 3675 OF THE PUB U ORDS OF COLLIER
COUNTY, FLORIDA, LOCATE ROXIMATEL Y TWO
THIRDS OF A MILE SOUT ,._.........,.__T OF U.S. 41 (TAMIAMI
TRAIL EAST) IN SECT , TOWNSHIP 50 SOUTH, RANGE
25 EAST, COLLIER CO TY, FLORIDA. (THIS IS A
COMPANION TO AG N A ITEM #16Al DISTRICT 4
ltem#17D ~
ORDINA 019-13: AMENDING ORDINANCE NUMBER 04-
41, ~~ DED, THE COLLIER COUNTY LAND
D PMENT CODE, WHICH INCLUDES THE
C REHENSIVE LAND REGULATIONS FOR THE
UNI CORPORATED AREA OF COLLIER COUNTY, FLORIDA,
TO ADD STANDARDS AND REQUIREMENTS FOR
PERMANENT EMERGENCY GENERATORS FOR SINGLE
FAMILY AND TWO FAMILY DWELLINGS, BY PROVIDING
Page 266
June 25, 2019
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, INCLUDIN~
SECTION 4.02.01 DIMENSIONAL STANDARDS FOR ~
PRINCIPAL USES IN BASE ZONING DISTRICTS; CH ~•El
FIVE -SUPPLEMENTAL STANDARDS, ADDING S ON
5.03.07 PERMANENT EMERGENCY GENERAT ~,. ECTION
FOUR, CONFLICT AND SEVERABILITY; SE ....,...&. _____ ,___ FIVE,
INCLUSION IN THE COLLIER COUNTY ---..---
DEVELOPMENT CODE; AND SECTION S ,
DATE. [PL20180003486J (ALL DISTRI~
Item#17E ~~
ORDINANCE 2019-14: EST~~~-.._ HING THE CURRENTS
COMMUNITY DEVEL ~,,__, DISTRICT LOCATED IN
UNINCORPORATED C IER COUNTY AND CONTAINING
APPROXIMATE Y 5 J.6 .2 ACRES; PROVIDING FOR THE
AUTHORITY HE ORDINANCE; PROVIDING FOR THE
ESTABLIS N F THE BOUNDARIES FOR THE
CURREN S MUNITY DEVELOPMENT DISTRICT;
PROVIDI R THE DESIGNATION OF THE INITIAL
BO r.&.~...,.L...I..L BERS; PROVIDING FOR THE DISTRICT NAME;
P ---&.A•.&...L G FOR STATUTORY PROVISIONS GOVERNING
T !STRICT; PROVIDING FOR CONSENT TO SPECIAL
PO ERS; 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.
Page 267
[PL20190000793] (DISTRICT 1)
Item #17F
June 25, 2019
ORDINANCE 2019-15: AMENDING ORDINANCE NO. 17-l~S
AMENDED, TO AMEND THE EXTERNAL BOUNDARIE
THE FIDDLER'S CREEK COMMUNITY DEVELOPME
DISTRICT #2, BY CONTRACTION OF 210.003± AC~~~
PURSUANT TO CHAPTER 190.046, FLORIDA STi
DISTRICT 1
Item #170
ORDINANCE 2019-16: ALLOW
CARTS UPON DESIGNATED P
ON CHOKOLOSKEE ISLAND
COLLIER COUNTY. DIST
Item #171
E USE OF GOLF
OADS AND STREETS
ON PLANTATION ISLAND,
RESOLD __ ._-......., 19-116: PETITION VAC-PL20180003283, TO
DISCLAI NOUNCE AND VACATE THE COUNTY AND
THE ~.....,_...... INTEREST IN A PORTION OF THE PARK AND
P E AREA LOCATED IN BLOCK "K" AND A PORTION
0 E DRAINAGE EASEMENT LOCATED IN TRACT "N" OF
RO AL 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
ROY AL WOOD GOLF AND COUNTRY CLUB, UNIT TWO, AS
Page 268
June 25, 2019
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 EASE'~'''
TO REPLACE THE VACATED PORTION OF THE P.f.~
PRESERVE AREA AND DRAINAGE EASEMENL ~
DISTRICT 1
Item #17J
RESOLUTION 2019-117: AMENl).M APPROPRIATING
CARRYFORWARD, TRANSFE-.~-.... SUPPLEMENTAL
REVENUE) TO THE FISCAL 2018-19 ADOPTED
BUDGET. ALL DISTRICTS
RECOMME T N TO APPROVE A RESOLUTION OF THE
BOARD ING APPEALS OF COLLIER COUNTY,
FLORIDA ~~~,. IDING FOR THE ESTABLISHMENT OF AN
ASP ND CONCRETE BATCH-MAKING PLANT IN THE
A TURAL (A) ZONING DISTRICT WITHIN THE RURAL
~.-...,_,.E MIXED USE OVERLAY-RECEIVING LANDS
PU SUANT 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
Page 269
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 Co ~e
meeting was adjourned by order of the Chair at 6:05 p. 0
BOARD OF COUNTY COM,.,,,-___ ,_ ONERS
BOARD OF ZONING A I X
OFFICIO GOVERNING (S) OF
SPECIAL DISTRICTl",ld] ER ITS CONTROL
-~-ro
WILLIAM ~~ANIEL, JR., CHAIRMAN
~
~RK
· utes approved by the Board on _____ , as
ed or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 270